./18206_SoS_Decision_Mark_Perry_Accessibility_Checked.pdf-Decision and reasons ./18206_SoS_Decision_Mark_Perry_Accessibility_Checked.pdf-The panel announced its decision and reasons as follows: ./18206_SoS_Decision_Mark_Perry_Accessibility_Checked.pdf- ./18206_SoS_Decision_Mark_Perry_Accessibility_Checked.pdf-In advance of the meeting, the TRA agreed to a request from Mr Perry for the allegations ./18206_SoS_Decision_Mark_Perry_Accessibility_Checked.pdf-to be considered without a hearing. The panel had the ability to direct that the case be ./18206_SoS_Decision_Mark_Perry_Accessibility_Checked.pdf-considered at a hearing if required in the interests of justice or in the public interest. The ./18206_SoS_Decision_Mark_Perry_Accessibility_Checked.pdf-panel did not determine that such a direction was necessary or appropriate in this case. ./18206_SoS_Decision_Mark_Perry_Accessibility_Checked.pdf- ./18206_SoS_Decision_Mark_Perry_Accessibility_Checked.pdf-Mr Perry had been employed as a Maths Teacher at The Brooksbank School between 1 ./18206_SoS_Decision_Mark_Perry_Accessibility_Checked.pdf-September 2018 and 28 February 2019. On 27 February 2019, Mr Perry was arrested for ./18206_SoS_Decision_Mark_Perry_Accessibility_Checked.pdf:accessing child pornography. Following a police investigation, Mr Perry was charged with ./18206_SoS_Decision_Mark_Perry_Accessibility_Checked.pdf-three offences of Making of Indecent Photographs of Children contrary to Section 1(a) of ./18206_SoS_Decision_Mark_Perry_Accessibility_Checked.pdf-the Protection of Children Act 1978. Mr Perry pleaded guilty to the three offences at ./18206_SoS_Decision_Mark_Perry_Accessibility_Checked.pdf-Bradford Magistrates Court on 30 April 2021. The matter was committed to Bradford ./18206_SoS_Decision_Mark_Perry_Accessibility_Checked.pdf-Crown Court for sentencing, due to the seriousness of the offence. On 28 May 2021, Mr ./18206_SoS_Decision_Mark_Perry_Accessibility_Checked.pdf-Perry received the following sentence: ./18206_SoS_Decision_Mark_Perry_Accessibility_Checked.pdf- ./18206_SoS_Decision_Mark_Perry_Accessibility_Checked.pdf-i. Suspended Sentence Order – 9 months custody, suspended for 24 months; ./18206_SoS_Decision_Mark_Perry_Accessibility_Checked.pdf-ii. Mandatory attendance of 'Maps for Change' course; ./18206_SoS_Decision_Mark_Perry_Accessibility_Checked.pdf-iii. Up to 50 mandatory Rehabilitation Activity Requirement days; ./18206_SoS_Decision_Mark_Perry_Accessibility_Checked.pdf-iv. 120 hours of unpaid community service; -- ./18206_SoS_Decision_Mark_Perry_Accessibility_Checked.pdf- ./18206_SoS_Decision_Mark_Perry_Accessibility_Checked.pdf-The panel had regard to the particular public interest considerations set out in the Advice ./18206_SoS_Decision_Mark_Perry_Accessibility_Checked.pdf-and, having done so, found all of them to be relevant in this case, namely the ./18206_SoS_Decision_Mark_Perry_Accessibility_Checked.pdf-safeguarding and wellbeing of pupils and protection of other members of the public, the ./18206_SoS_Decision_Mark_Perry_Accessibility_Checked.pdf-maintenance of public confidence in the profession, declaring and upholding proper ./18206_SoS_Decision_Mark_Perry_Accessibility_Checked.pdf-standards of conduct, and striking the right balance between the rights of the teacher and ./18206_SoS_Decision_Mark_Perry_Accessibility_Checked.pdf-the public interest. ./18206_SoS_Decision_Mark_Perry_Accessibility_Checked.pdf- ./18206_SoS_Decision_Mark_Perry_Accessibility_Checked.pdf-In the light of the panel’s findings against Mr Perry, which involved a finding that he had ./18206_SoS_Decision_Mark_Perry_Accessibility_Checked.pdf-been convicted of a relevant offence, which was a serious offence involving child ./18206_SoS_Decision_Mark_Perry_Accessibility_Checked.pdf:pornography, there was a strong public interest consideration in respect of the protection ./18206_SoS_Decision_Mark_Perry_Accessibility_Checked.pdf-of pupils. ./18206_SoS_Decision_Mark_Perry_Accessibility_Checked.pdf- ./18206_SoS_Decision_Mark_Perry_Accessibility_Checked.pdf-Similarly, the panel considered that public confidence in the profession could be seriously ./18206_SoS_Decision_Mark_Perry_Accessibility_Checked.pdf-weakened if conduct such as that found against Mr Perry were not treated with the ./18206_SoS_Decision_Mark_Perry_Accessibility_Checked.pdf-utmost seriousness when regulating the conduct of the profession. ./18206_SoS_Decision_Mark_Perry_Accessibility_Checked.pdf- ./18206_SoS_Decision_Mark_Perry_Accessibility_Checked.pdf-The panel decided that a strong public interest consideration in declaring proper ./18206_SoS_Decision_Mark_Perry_Accessibility_Checked.pdf-standards of conduct in the profession was also present as the conduct found against Mr ./18206_SoS_Decision_Mark_Perry_Accessibility_Checked.pdf-Perry was outside that which could reasonably be tolerated. ./18206_SoS_Decision_Mark_Perry_Accessibility_Checked.pdf- -- ./18206_SoS_Decision_Mark_Perry_Accessibility_Checked.pdf-proportionate. ./18206_SoS_Decision_Mark_Perry_Accessibility_Checked.pdf- ./18206_SoS_Decision_Mark_Perry_Accessibility_Checked.pdf-There was evidence that Mr Perry's actions were deliberate. There was no evidence to ./18206_SoS_Decision_Mark_Perry_Accessibility_Checked.pdf-suggest that Mr Perry was acting under duress. ./18206_SoS_Decision_Mark_Perry_Accessibility_Checked.pdf- ./18206_SoS_Decision_Mark_Perry_Accessibility_Checked.pdf-The panel took into account the sentencing remarks made by the Recorder when ./18206_SoS_Decision_Mark_Perry_Accessibility_Checked.pdf-sentencing Mr Perry for the offences. In particular, the fact that Mr Perry had offered a ./18206_SoS_Decision_Mark_Perry_Accessibility_Checked.pdf-guilty plea, had no previous convictions and had "an exemplary good character", having ./18206_SoS_Decision_Mark_Perry_Accessibility_Checked.pdf-"dedicated a substantial proportion" of his life to educating young people without ./18206_SoS_Decision_Mark_Perry_Accessibility_Checked.pdf-complaint by them. However, the panel noted that the Recorder was mindful that Mr ./18206_SoS_Decision_Mark_Perry_Accessibility_Checked.pdf:Perry had been accessing child pornography for over a decade (2009-2019), without ./18206_SoS_Decision_Mark_Perry_Accessibility_Checked.pdf-having previously been caught and had not taken steps to stop his behaviour, until after ./18206_SoS_Decision_Mark_Perry_Accessibility_Checked.pdf-he had been caught. ./18206_SoS_Decision_Mark_Perry_Accessibility_Checked.pdf- ./18206_SoS_Decision_Mark_Perry_Accessibility_Checked.pdf-The panel noted that Mr Perry had accessed a significant volume of indecent images. ./18206_SoS_Decision_Mark_Perry_Accessibility_Checked.pdf-The seriousness of the offence was reflected in his sentence, which included a ./18206_SoS_Decision_Mark_Perry_Accessibility_Checked.pdf-(suspended) custodial sentence, a number of community penalties, a Sexual Harm ./18206_SoS_Decision_Mark_Perry_Accessibility_Checked.pdf-Prevention Order for 10 years and registration on the Sex Offender Register for 10 years. ./18206_SoS_Decision_Mark_Perry_Accessibility_Checked.pdf- ./18206_SoS_Decision_Mark_Perry_Accessibility_Checked.pdf-The panel was not provided with any evidence from Mr Perry that provided any further ./18206_SoS_Decision_Mark_Perry_Accessibility_Checked.pdf-mitigation. -- ./18206_SoS_Decision_Mark_Perry_Accessibility_Checked.pdf-whether the consequences of such a publication are themselves sufficient. I have ./18206_SoS_Decision_Mark_Perry_Accessibility_Checked.pdf-considered therefore whether or not prohibiting Mr Perry, and the impact that will have on ./18206_SoS_Decision_Mark_Perry_Accessibility_Checked.pdf-the teacher, is proportionate and in the public interest. ./18206_SoS_Decision_Mark_Perry_Accessibility_Checked.pdf- ./18206_SoS_Decision_Mark_Perry_Accessibility_Checked.pdf-In this case, I have considered the extent to which a prohibition order would protect ./18206_SoS_Decision_Mark_Perry_Accessibility_Checked.pdf-pupils. The panel has observed, “In the light of the panel’s findings against Mr Perry, ./18206_SoS_Decision_Mark_Perry_Accessibility_Checked.pdf-which involved a finding that he had been convicted of a relevant offence, which was a ./18206_SoS_Decision_Mark_Perry_Accessibility_Checked.pdf:serious offence involving child pornography, there was a strong public interest ./18206_SoS_Decision_Mark_Perry_Accessibility_Checked.pdf-consideration in respect of the protection of pupils”. A prohibition order would therefore ./18206_SoS_Decision_Mark_Perry_Accessibility_Checked.pdf-prevent such a risk from being present in the future. ./18206_SoS_Decision_Mark_Perry_Accessibility_Checked.pdf- ./18206_SoS_Decision_Mark_Perry_Accessibility_Checked.pdf-I have also taken into account the panel’s comments on insight and remorse, set out as ./18206_SoS_Decision_Mark_Perry_Accessibility_Checked.pdf-follows, “The panel noted that in the sentencing remarks, the Recorder stated "I accept ./18206_SoS_Decision_Mark_Perry_Accessibility_Checked.pdf-that you have demonstrated remorse", however, the Recorder identified that this was ./18206_SoS_Decision_Mark_Perry_Accessibility_Checked.pdf-double edged. The panel was not provided with any further evidence from Mr Perry that ./18206_SoS_Decision_Mark_Perry_Accessibility_Checked.pdf-demonstrated insight or remorse. This was particularly concerning as the panel was ./18206_SoS_Decision_Mark_Perry_Accessibility_Checked.pdf-unclear whether Mr Perry had full insight in to his actions.” In my judgement, the lack of ./18206_SoS_Decision_Mark_Perry_Accessibility_Checked.pdf-insight means that there is some risk of the repetition of this behaviour and this puts at ./Accessibility_checked_SOS_decision.pdf-Allegations ./Accessibility_checked_SOS_decision.pdf-The panel considered the allegations set out in the notice of meeting dated 1 March ./Accessibility_checked_SOS_decision.pdf-2023. ./Accessibility_checked_SOS_decision.pdf- ./Accessibility_checked_SOS_decision.pdf-It was alleged that Mr Howe was guilty of having been convicted of one or more relevant ./Accessibility_checked_SOS_decision.pdf-offences, in that: ./Accessibility_checked_SOS_decision.pdf- ./Accessibility_checked_SOS_decision.pdf- 1. On 20 May 2021 he was convicted of one offence of attempting to engage in ./Accessibility_checked_SOS_decision.pdf: sexual communication with a child, between 13 April 2021 and 21 April 2021, ./Accessibility_checked_SOS_decision.pdf- contrary to section 15A(1) Sexual Offences Act 2003. ./Accessibility_checked_SOS_decision.pdf- ./Accessibility_checked_SOS_decision.pdf- 2. On 20 May 2021 he was convicted of one offence of attempting to arrange or ./Accessibility_checked_SOS_decision.pdf: facilitate the commission of a child sex offence between 13 April 2021 and 21 April ./Accessibility_checked_SOS_decision.pdf- 2021, contrary to section 14 Sexual Offences Act 2003. ./Accessibility_checked_SOS_decision.pdf- ./Accessibility_checked_SOS_decision.pdf-Mr Howe admits the facts alleged, and admits conviction of a relevant offence. ./Accessibility_checked_SOS_decision.pdf- ./Accessibility_checked_SOS_decision.pdf- ./Accessibility_checked_SOS_decision.pdf-Preliminary applications ./Accessibility_checked_SOS_decision.pdf-There were no preliminary applications. ./Accessibility_checked_SOS_decision.pdf- ./Accessibility_checked_SOS_decision.pdf- ./Accessibility_checked_SOS_decision.pdf-Summary of evidence -- ./Accessibility_checked_SOS_decision.pdf-In advance of the meeting, the TRA agreed to a request from Mr Howe for the allegations ./Accessibility_checked_SOS_decision.pdf-to be considered without a hearing. The panel had the ability to direct that the case be ./Accessibility_checked_SOS_decision.pdf-considered at a hearing if required in the interests of justice or in the public interest. The ./Accessibility_checked_SOS_decision.pdf-panel did not determine that such a direction was necessary or appropriate in this case. ./Accessibility_checked_SOS_decision.pdf- ./Accessibility_checked_SOS_decision.pdf-Mr Howe was employed as lead teacher of geography at Tudor Grange Academy, ./Accessibility_checked_SOS_decision.pdf-Worcester, from November 2017 until 21 May 2021. ./Accessibility_checked_SOS_decision.pdf- ./Accessibility_checked_SOS_decision.pdf-From 13 April – 21 April 2021, Mr Howe exchanged messages with an undercover police ./Accessibility_checked_SOS_decision.pdf-officer purporting to be a 15-year-old boy. They agreed to meet in person on 22 April ./Accessibility_checked_SOS_decision.pdf:2021 to engage in sexual activity of a penetrative nature. On the morning of 22 April ./Accessibility_checked_SOS_decision.pdf-2021, Mr Howe blocked any further contact from the "boy". He was arrested later that day ./Accessibility_checked_SOS_decision.pdf-and charged with the two offences set out in the allegations. On 20 May 2021, he ./Accessibility_checked_SOS_decision.pdf-pleaded guilty to those offences, and on 17 June 2021, he was sentenced to 2 years' ./Accessibility_checked_SOS_decision.pdf:immediate imprisonment, a sexual harm prevention order and sex offender notification ./Accessibility_checked_SOS_decision.pdf-requirements for a period of 10 years. ./Accessibility_checked_SOS_decision.pdf- ./Accessibility_checked_SOS_decision.pdf-Although the person with whom Mr Howe was communicating was not in fact a child, the ./Accessibility_checked_SOS_decision.pdf-information available to Mr Howe suggested that they were a child, and as such would ./Accessibility_checked_SOS_decision.pdf-have been a pupil at a school. ./Accessibility_checked_SOS_decision.pdf- ./Accessibility_checked_SOS_decision.pdf-Findings of fact ./Accessibility_checked_SOS_decision.pdf- ./Accessibility_checked_SOS_decision.pdf-The findings of fact are as follows: ./Accessibility_checked_SOS_decision.pdf- ./Accessibility_checked_SOS_decision.pdf-The panel found the following particulars of the allegation against you proved, for these ./Accessibility_checked_SOS_decision.pdf-reasons: ./Accessibility_checked_SOS_decision.pdf- ./Accessibility_checked_SOS_decision.pdf- 1. On 20 May 2021 you were convicted of one offence o, between 13 April 2021 ./Accessibility_checked_SOS_decision.pdf- and 21 April 2021, contrary to section 15A(1) Sexual Offences Act 2003. ./Accessibility_checked_SOS_decision.pdf- ./Accessibility_checked_SOS_decision.pdf- 2. On 20 May 2021 you were convicted of one offence of attempting to arrange ./Accessibility_checked_SOS_decision.pdf: or facilitate the commission of a child sex offence between 13 April 2021 and ./Accessibility_checked_SOS_decision.pdf- 21 April 2021, contrary to section 14 Sexual Offences Act 2003. ./Accessibility_checked_SOS_decision.pdf- ./Accessibility_checked_SOS_decision.pdf- ./Accessibility_checked_SOS_decision.pdf- ./Accessibility_checked_SOS_decision.pdf- ./Accessibility_checked_SOS_decision.pdf- 5 ./Accessibility_checked_SOS_decision.pdf- -- ./Accessibility_checked_SOS_decision.pdf-allegations were therefore found proved. ./Accessibility_checked_SOS_decision.pdf- ./Accessibility_checked_SOS_decision.pdf-Findings as to conviction of a relevant offence ./Accessibility_checked_SOS_decision.pdf- ./Accessibility_checked_SOS_decision.pdf-Having found the allegations proved, the panel went on to consider whether the facts of ./Accessibility_checked_SOS_decision.pdf-those proven allegations amounted to convictions for a relevant offence. ./Accessibility_checked_SOS_decision.pdf- ./Accessibility_checked_SOS_decision.pdf-In doing so, the panel had regard to the document Teacher Misconduct: The Prohibition ./Accessibility_checked_SOS_decision.pdf-of Teachers, which is referred to as “the Advice”. ./Accessibility_checked_SOS_decision.pdf- ./Accessibility_checked_SOS_decision.pdf:This was a case involving offences of attempting to engage in sexual communication with ./Accessibility_checked_SOS_decision.pdf:a child and attempting to arrange sexual activity with a child. The Advice states that such ./Accessibility_checked_SOS_decision.pdf-offences are likely to be considered a relevant offence. ./Accessibility_checked_SOS_decision.pdf- ./Accessibility_checked_SOS_decision.pdf-The panel was satisfied that the Mr Howe's conduct involved breaches of the Teachers’ ./Accessibility_checked_SOS_decision.pdf-Standards. The panel considered that by reference to Part 2, Mr Howe was in breach of ./Accessibility_checked_SOS_decision.pdf-the following standards: ./Accessibility_checked_SOS_decision.pdf- ./Accessibility_checked_SOS_decision.pdf-  Teachers uphold public trust in the profession and maintain high standards of ./Accessibility_checked_SOS_decision.pdf- ethics and behaviour, within and outside school, by ./Accessibility_checked_SOS_decision.pdf- ./Accessibility_checked_SOS_decision.pdf- o Treating pupils with dignity, building relationships rooted in mutual respect, -- ./Accessibility_checked_SOS_decision.pdf-The panel noted that Mr Howe's behaviour ultimately led to a sentence of two years' ./Accessibility_checked_SOS_decision.pdf:imprisonment, and he was made subject to a sexual harm prevention order and required ./Accessibility_checked_SOS_decision.pdf:to comply with the sex offender notification requirements for a period of 10 years. This is ./Accessibility_checked_SOS_decision.pdf-indicative of the seriousness of his offences. ./Accessibility_checked_SOS_decision.pdf- ./Accessibility_checked_SOS_decision.pdf-The panel took account of the mitigating circumstances surrounding the offence, as set ./Accessibility_checked_SOS_decision.pdf-out in the sentencing comments. These were reflected in the criminal sentence. They ./Accessibility_checked_SOS_decision.pdf-also had regard to Mr Howe's account of his health and personal problems, but ./Accessibility_checked_SOS_decision.pdf-concluded that these did not mitigate the seriousness of the offending. ./Accessibility_checked_SOS_decision.pdf- ./Accessibility_checked_SOS_decision.pdf-Notwithstanding any mitigation, the panel had no doubt that the seriousness of the ./Accessibility_checked_SOS_decision.pdf-offending behaviour that led to the convictions was relevant to Mr Howe's ongoing ./Accessibility_checked_SOS_decision.pdf-suitability to teach. The panel considered that a finding that these convictions were for -- ./Accessibility_checked_SOS_decision.pdf-proportionate measure, and whether it would be in the public interest to do so. Prohibition ./Accessibility_checked_SOS_decision.pdf-orders should not be given in order to be punitive, or to show that blame has been ./Accessibility_checked_SOS_decision.pdf-apportioned, although they are likely to have a punitive effect. ./Accessibility_checked_SOS_decision.pdf- ./Accessibility_checked_SOS_decision.pdf-The panel had regard to the particular public interest considerations set out in the Advice ./Accessibility_checked_SOS_decision.pdf-and, having done so, found a number of them to be relevant in this case, namely the ./Accessibility_checked_SOS_decision.pdf-protection of pupils and other members of the public, the maintenance of public ./Accessibility_checked_SOS_decision.pdf-confidence in the profession, and declaring and upholding proper standards of conduct. ./Accessibility_checked_SOS_decision.pdf- ./Accessibility_checked_SOS_decision.pdf-In the light of the panel’s findings against Mr Howe, which involved criminal offences of ./Accessibility_checked_SOS_decision.pdf:sexual misconduct towards a child, there was a strong public interest consideration in ./Accessibility_checked_SOS_decision.pdf-respect of the protection of pupils. When sentenced in May 2021, he was assessed as ./Accessibility_checked_SOS_decision.pdf-posing a medium risk to children. The panel has been provided with no evidence which ./Accessibility_checked_SOS_decision.pdf-shows that risk has reduced. ./Accessibility_checked_SOS_decision.pdf- ./Accessibility_checked_SOS_decision.pdf-Similarly, the panel considered that public confidence in the profession could be seriously ./Accessibility_checked_SOS_decision.pdf-weakened if conduct such as that found against Mr Howe were not treated with the ./Accessibility_checked_SOS_decision.pdf-utmost seriousness when regulating the conduct of the profession. ./Accessibility_checked_SOS_decision.pdf- ./Accessibility_checked_SOS_decision.pdf- ./Accessibility_checked_SOS_decision.pdf- -- ./Accessibility_checked_SOS_decision.pdf-Howe. The panel took further account of the Advice, which suggests that a prohibition ./Accessibility_checked_SOS_decision.pdf-order may be appropriate if certain behaviours of a teacher have been proved. In the list ./Accessibility_checked_SOS_decision.pdf-of such behaviours, those that are relevant in this case are: ./Accessibility_checked_SOS_decision.pdf- ./Accessibility_checked_SOS_decision.pdf-  serious departure from the personal and professional conduct elements of the ./Accessibility_checked_SOS_decision.pdf- Teachers’ Standards; ./Accessibility_checked_SOS_decision.pdf- ./Accessibility_checked_SOS_decision.pdf-  misconduct seriously affecting the education and/or safeguarding and well-being ./Accessibility_checked_SOS_decision.pdf- of pupils, and particularly where there is a continuing risk; ./Accessibility_checked_SOS_decision.pdf- ./Accessibility_checked_SOS_decision.pdf:  sexual misconduct, for example, involving actions that were sexually motivated or ./Accessibility_checked_SOS_decision.pdf: of a sexual nature …; ./Accessibility_checked_SOS_decision.pdf- ./Accessibility_checked_SOS_decision.pdf-  the commission of a serious criminal offence, including those that resulted in a ./Accessibility_checked_SOS_decision.pdf- conviction or caution, paying particular attention to offences that are ‘relevant ./Accessibility_checked_SOS_decision.pdf- matters’ for the purposes of The Police Act 1997 and criminal record disclosures. ./Accessibility_checked_SOS_decision.pdf- ./Accessibility_checked_SOS_decision.pdf-Even though some of the behaviour found proved in this case indicated that a prohibition ./Accessibility_checked_SOS_decision.pdf-order would be appropriate, the panel went on to consider the mitigating factors. ./Accessibility_checked_SOS_decision.pdf-Mitigating factors may indicate that a prohibition order would not be appropriate or ./Accessibility_checked_SOS_decision.pdf-proportionate. ./Accessibility_checked_SOS_decision.pdf- -- ./Accessibility_checked_SOS_decision.pdf-prohibition order should be imposed with immediate effect. ./Accessibility_checked_SOS_decision.pdf- ./Accessibility_checked_SOS_decision.pdf-The panel went on to consider whether or not it would be appropriate to recommend that ./Accessibility_checked_SOS_decision.pdf-a review period of the order should be considered. The panel was mindful that the Advice ./Accessibility_checked_SOS_decision.pdf-states that a prohibition order applies for life, but there may be circumstances, in any ./Accessibility_checked_SOS_decision.pdf-given case, that may make it appropriate to allow a teacher to apply to have the ./Accessibility_checked_SOS_decision.pdf-prohibition order reviewed after a specified period of time that may not be less than 2 ./Accessibility_checked_SOS_decision.pdf-years. ./Accessibility_checked_SOS_decision.pdf- ./Accessibility_checked_SOS_decision.pdf-The Advice indicates that there are behaviours that, if proved, would militate against the ./Accessibility_checked_SOS_decision.pdf:recommendation of a review period. These behaviours include serious sexual ./Accessibility_checked_SOS_decision.pdf:misconduct, such as where the act was sexually motivated and resulted in or had the ./Accessibility_checked_SOS_decision.pdf-potential to result in, harm to a person or persons. The panel concluded that Mr Howe's ./Accessibility_checked_SOS_decision.pdf-offending fell into that category. ./Accessibility_checked_SOS_decision.pdf- ./Accessibility_checked_SOS_decision.pdf-The panel decided that the findings indicated a situation in which a review period would ./Accessibility_checked_SOS_decision.pdf-not be appropriate and, as such, decided that it would be proportionate in all the ./Accessibility_checked_SOS_decision.pdf-circumstances for the prohibition order to be recommended without provisions for a ./Accessibility_checked_SOS_decision.pdf-review period. ./Accessibility_checked_SOS_decision.pdf- ./Accessibility_checked_SOS_decision.pdf- ./Accessibility_checked_SOS_decision.pdf-Decision and reasons on behalf of the Secretary of State -- ./Accessibility_checked_SOS_decision.pdf-In its considerations, the panel also took account of the Advice which suggests that a ./Accessibility_checked_SOS_decision.pdf-prohibition order may be appropriate if certain behaviours of a teacher have been proved. ./Accessibility_checked_SOS_decision.pdf-In the list of such behaviours, those that are relevant in this case are: ./Accessibility_checked_SOS_decision.pdf- ./Accessibility_checked_SOS_decision.pdf-  serious departure from the personal and professional conduct elements of the ./Accessibility_checked_SOS_decision.pdf- Teachers’ Standards; ./Accessibility_checked_SOS_decision.pdf- ./Accessibility_checked_SOS_decision.pdf-  misconduct seriously affecting the education and/or safeguarding and well-being ./Accessibility_checked_SOS_decision.pdf- of pupils, and particularly where there is a continuing risk; ./Accessibility_checked_SOS_decision.pdf- ./Accessibility_checked_SOS_decision.pdf:  sexual misconduct, for example, involving actions that were sexually motivated or ./Accessibility_checked_SOS_decision.pdf: of a sexual nature …; ./Accessibility_checked_SOS_decision.pdf- ./Accessibility_checked_SOS_decision.pdf-  the commission of a serious criminal offence, including those that resulted in a ./Accessibility_checked_SOS_decision.pdf- conviction or caution, paying particular attention to offences that are ‘relevant ./Accessibility_checked_SOS_decision.pdf- matters’ for the purposes of The Police Act 1997 and criminal record disclosures. ./Accessibility_checked_SOS_decision.pdf- ./Accessibility_checked_SOS_decision.pdf-The panel finds that the conduct of Mr Howe fell significantly short of the standards ./Accessibility_checked_SOS_decision.pdf-expected of the profession. ./Accessibility_checked_SOS_decision.pdf- ./Accessibility_checked_SOS_decision.pdf-The findings of misconduct are particularly serious as they include a finding of a relevant ./Accessibility_checked_SOS_decision.pdf:conviction of attempting to engage in sexual communication with a child and a finding of ./Accessibility_checked_SOS_decision.pdf:a relevant conviction of attempting to arrange or facilitate the commission of a child sex ./Accessibility_checked_SOS_decision.pdf-offence. I have given this considerable weight in reaching my decision. ./Accessibility_checked_SOS_decision.pdf- ./Accessibility_checked_SOS_decision.pdf-I have to determine whether the imposition of a prohibition order is proportionate and in ./Accessibility_checked_SOS_decision.pdf-the public interest. In considering that for this case, I have considered the overall aim of a ./Accessibility_checked_SOS_decision.pdf-prohibition order which is to protect pupils and to maintain public confidence in the ./Accessibility_checked_SOS_decision.pdf-profession. I have considered the extent to which a prohibition order in this case would ./Accessibility_checked_SOS_decision.pdf-achieve that aim taking into account the impact that it will have on the individual teacher. ./Accessibility_checked_SOS_decision.pdf- ./Accessibility_checked_SOS_decision.pdf- 10 ./Accessibility_checked_SOS_decision.pdf- -- ./Accessibility_checked_SOS_decision.pdf-I have also asked myself, whether a less intrusive measure, such as the published ./Accessibility_checked_SOS_decision.pdf-finding of unacceptable professional conduct or conduct likely to bring the profession into ./Accessibility_checked_SOS_decision.pdf-disrepute, would itself be sufficient to achieve the overall aim. I have to consider whether ./Accessibility_checked_SOS_decision.pdf-the consequences of such a publication are themselves sufficient. I have considered ./Accessibility_checked_SOS_decision.pdf-therefore whether or not prohibiting Mr Howe, and the impact that will have on the ./Accessibility_checked_SOS_decision.pdf-teacher, is proportionate and in the public interest. ./Accessibility_checked_SOS_decision.pdf- ./Accessibility_checked_SOS_decision.pdf-In this case, I have considered the extent to which a prohibition order would protect ./Accessibility_checked_SOS_decision.pdf-children and safeguard pupils. In its recommendation the panel states that “In the light of ./Accessibility_checked_SOS_decision.pdf:the panel’s findings against Mr Howe, which involved criminal offences of sexual ./Accessibility_checked_SOS_decision.pdf-misconduct towards a child, there was a strong public interest consideration in respect of ./Accessibility_checked_SOS_decision.pdf-the protection of pupils. When sentenced in May 2021, he was assessed as posing a ./Accessibility_checked_SOS_decision.pdf-medium risk to children. The panel has been provided with no evidence which shows that ./Accessibility_checked_SOS_decision.pdf-risk has reduced.”. A prohibition order would therefore prevent such a risk from being ./Accessibility_checked_SOS_decision.pdf-present in the future. I have given this element considerable weight in reaching my ./Accessibility_checked_SOS_decision.pdf-decision. ./Accessibility_checked_SOS_decision.pdf- ./Accessibility_checked_SOS_decision.pdf-In reaching my decision I have noted that the panel did not comment on or provide ./Accessibility_checked_SOS_decision.pdf-evidence of Mr Howe offering insight or remorse for his actions. I have also noted the ./Accessibility_checked_SOS_decision.pdf-panel’s conclusion “that there was no evidence that Mr Howe's actions were not -- ./Accessibility_checked_SOS_decision.pdf-public interest in order to achieve the intended aims of a prohibition order. ./Accessibility_checked_SOS_decision.pdf- ./Accessibility_checked_SOS_decision.pdf-I have gone on to consider the matter of a review period. In this case, the panel has ./Accessibility_checked_SOS_decision.pdf-recommended that no provision should be made for a review period. ./Accessibility_checked_SOS_decision.pdf- ./Accessibility_checked_SOS_decision.pdf-I have considered whether not allowing a review period reflects the seriousness of the ./Accessibility_checked_SOS_decision.pdf-findings and is a proportionate period to achieve the aim of maintaining public confidence ./Accessibility_checked_SOS_decision.pdf-in the profession. In this case, factors mean that allowing a review period is not sufficient ./Accessibility_checked_SOS_decision.pdf-to achieve the aim of maintaining public confidence in the profession. These elements ./Accessibility_checked_SOS_decision.pdf-are the seriousness of the panel’s findings of relevant convictions for attempting to ./Accessibility_checked_SOS_decision.pdf:engage in sexual communication with a child and attempting to arrange or facilitate the ./Accessibility_checked_SOS_decision.pdf:commission of a child sex offence as well as the lack of evidence of insight or remorse. ./Accessibility_checked_SOS_decision.pdf- ./Accessibility_checked_SOS_decision.pdf-I consider therefore that allowing for no review period is necessary to maintain public ./Accessibility_checked_SOS_decision.pdf-confidence and is proportionate and in the public interest. ./Accessibility_checked_SOS_decision.pdf- ./Accessibility_checked_SOS_decision.pdf-This means that Mr Robert Howe is prohibited from teaching indefinitely and ./Accessibility_checked_SOS_decision.pdf-cannot teach in any school, sixth form college, relevant youth accommodation or ./Accessibility_checked_SOS_decision.pdf- ./Accessibility_checked_SOS_decision.pdf- 12 ./Accessibility_checked_SOS_decision.pdf- ./Alcock_C_15500-_SoS_decision__redacted__for_Publishing.pdf-B. Allegations ./Alcock_C_15500-_SoS_decision__redacted__for_Publishing.pdf-The panel considered the allegations set out in the Notice of Proceedings dated 15 ./Alcock_C_15500-_SoS_decision__redacted__for_Publishing.pdf-February 2018. ./Alcock_C_15500-_SoS_decision__redacted__for_Publishing.pdf- ./Alcock_C_15500-_SoS_decision__redacted__for_Publishing.pdf-It was alleged that Mr Christopher Alcock was guilty of unacceptable professional ./Alcock_C_15500-_SoS_decision__redacted__for_Publishing.pdf-conduct and/or conduct that may bring the profession into disrepute, in that: ./Alcock_C_15500-_SoS_decision__redacted__for_Publishing.pdf- ./Alcock_C_15500-_SoS_decision__redacted__for_Publishing.pdf: 1. You viewed and/or obtained inappropriate and/or sexual material through the ./Alcock_C_15500-_SoS_decision__redacted__for_Publishing.pdf- college’s technology, inter alia; ./Alcock_C_15500-_SoS_decision__redacted__for_Publishing.pdf- ./Alcock_C_15500-_SoS_decision__redacted__for_Publishing.pdf- a. Images of female adults; ./Alcock_C_15500-_SoS_decision__redacted__for_Publishing.pdf- ./Alcock_C_15500-_SoS_decision__redacted__for_Publishing.pdf- b. numerous videos on YouTube; ./Alcock_C_15500-_SoS_decision__redacted__for_Publishing.pdf- ./Alcock_C_15500-_SoS_decision__redacted__for_Publishing.pdf- 2. Between 2009 and 2016 you used your college email address and/or personal ./Alcock_C_15500-_SoS_decision__redacted__for_Publishing.pdf- mobile phone, to send and/or receive inappropriate messages, specifically in ./Alcock_C_15500-_SoS_decision__redacted__for_Publishing.pdf- relation to the following; ./Alcock_C_15500-_SoS_decision__redacted__for_Publishing.pdf- ./Alcock_C_15500-_SoS_decision__redacted__for_Publishing.pdf- a. current pupils of the school; ./Alcock_C_15500-_SoS_decision__redacted__for_Publishing.pdf- ./Alcock_C_15500-_SoS_decision__redacted__for_Publishing.pdf- b. former pupils of the school; ./Alcock_C_15500-_SoS_decision__redacted__for_Publishing.pdf- ./Alcock_C_15500-_SoS_decision__redacted__for_Publishing.pdf- c. female adults; ./Alcock_C_15500-_SoS_decision__redacted__for_Publishing.pdf- ./Alcock_C_15500-_SoS_decision__redacted__for_Publishing.pdf- 3. Your actions as may be found proven in relation to 1 and/or 2c above were ./Alcock_C_15500-_SoS_decision__redacted__for_Publishing.pdf: sexually motivated. ./Alcock_C_15500-_SoS_decision__redacted__for_Publishing.pdf- ./Alcock_C_15500-_SoS_decision__redacted__for_Publishing.pdf- 4. You failed to maintain appropriate professional boundaries with female pupils in ./Alcock_C_15500-_SoS_decision__redacted__for_Publishing.pdf- that you: ./Alcock_C_15500-_SoS_decision__redacted__for_Publishing.pdf- ./Alcock_C_15500-_SoS_decision__redacted__for_Publishing.pdf- a. Failed to maintain distance in your interaction with Pupil A including ./Alcock_C_15500-_SoS_decision__redacted__for_Publishing.pdf- maintaining contact with her after she left the school; ./Alcock_C_15500-_SoS_decision__redacted__for_Publishing.pdf- ./Alcock_C_15500-_SoS_decision__redacted__for_Publishing.pdf- b. Failed to maintain distance in your interaction with Pupil C; ./Alcock_C_15500-_SoS_decision__redacted__for_Publishing.pdf- ./Alcock_C_15500-_SoS_decision__redacted__for_Publishing.pdf- c. Failed to maintain distance in your interaction with Pupil D; -- ./Alcock_C_15500-_SoS_decision__redacted__for_Publishing.pdf-police, the DBS and the Agency. Further allegations regarding Mr Alcock’s relationship ./Alcock_C_15500-_SoS_decision__redacted__for_Publishing.pdf-with Pupil A were made by Witness X in letters sent to Individual E(chair of governors) on ./Alcock_C_15500-_SoS_decision__redacted__for_Publishing.pdf-3 November 2016 and 27 November 2017. ./Alcock_C_15500-_SoS_decision__redacted__for_Publishing.pdf- ./Alcock_C_15500-_SoS_decision__redacted__for_Publishing.pdf-Findings of fact ./Alcock_C_15500-_SoS_decision__redacted__for_Publishing.pdf-The panel’s finding of fact were as follows: ./Alcock_C_15500-_SoS_decision__redacted__for_Publishing.pdf- ./Alcock_C_15500-_SoS_decision__redacted__for_Publishing.pdf-The panel found the following particulars of the allegations against Mr Alcock proven, for ./Alcock_C_15500-_SoS_decision__redacted__for_Publishing.pdf-the following reasons: ./Alcock_C_15500-_SoS_decision__redacted__for_Publishing.pdf- ./Alcock_C_15500-_SoS_decision__redacted__for_Publishing.pdf: 1. You viewed and/or obtained inappropriate and/or sexual material through ./Alcock_C_15500-_SoS_decision__redacted__for_Publishing.pdf- the college’s technology, inter alia; ./Alcock_C_15500-_SoS_decision__redacted__for_Publishing.pdf- ./Alcock_C_15500-_SoS_decision__redacted__for_Publishing.pdf- a. Images of female adults; and ./Alcock_C_15500-_SoS_decision__redacted__for_Publishing.pdf- ./Alcock_C_15500-_SoS_decision__redacted__for_Publishing.pdf- b. numerous videos on YouTube; ./Alcock_C_15500-_SoS_decision__redacted__for_Publishing.pdf- ./Alcock_C_15500-_SoS_decision__redacted__for_Publishing.pdf-The panel was satisfied from Mr Alcock’s admission in the Statement and the evidence ./Alcock_C_15500-_SoS_decision__redacted__for_Publishing.pdf-which was adduced that this particular was proved on the balance of probabilities. ./Alcock_C_15500-_SoS_decision__redacted__for_Publishing.pdf- ./Alcock_C_15500-_SoS_decision__redacted__for_Publishing.pdf- 2. Between 2009 and 2016 you used your college email address and/or ./Alcock_C_15500-_SoS_decision__redacted__for_Publishing.pdf- personal mobile phone, to send and/or receive inappropriate messages, ./Alcock_C_15500-_SoS_decision__redacted__for_Publishing.pdf- specifically in relation to the following; ./Alcock_C_15500-_SoS_decision__redacted__for_Publishing.pdf- ./Alcock_C_15500-_SoS_decision__redacted__for_Publishing.pdf- c. female adults; ./Alcock_C_15500-_SoS_decision__redacted__for_Publishing.pdf- ./Alcock_C_15500-_SoS_decision__redacted__for_Publishing.pdf-The panel was satisfied from Mr Alcock’s admission in the Statement and the evidence ./Alcock_C_15500-_SoS_decision__redacted__for_Publishing.pdf-which was adduced that this sub-particular was proved on the balance of probabilities. ./Alcock_C_15500-_SoS_decision__redacted__for_Publishing.pdf- ./Alcock_C_15500-_SoS_decision__redacted__for_Publishing.pdf- 3. Your actions as may be found proven in relation to 1 and/or 2.c. above were ./Alcock_C_15500-_SoS_decision__redacted__for_Publishing.pdf: sexually motivated. ./Alcock_C_15500-_SoS_decision__redacted__for_Publishing.pdf- ./Alcock_C_15500-_SoS_decision__redacted__for_Publishing.pdf-The panel was satisfied from Mr Alcock’s admission in the Statement and the evidence ./Alcock_C_15500-_SoS_decision__redacted__for_Publishing.pdf-which was adduced that this particular was proved on the balance of probabilities. ./Alcock_C_15500-_SoS_decision__redacted__for_Publishing.pdf- ./Alcock_C_15500-_SoS_decision__redacted__for_Publishing.pdf- 4. You failed to maintain appropriate professional boundaries with female ./Alcock_C_15500-_SoS_decision__redacted__for_Publishing.pdf- pupils in that you: ./Alcock_C_15500-_SoS_decision__redacted__for_Publishing.pdf- ./Alcock_C_15500-_SoS_decision__redacted__for_Publishing.pdf- a. Failed to maintain distance in your interaction with Pupil A including ./Alcock_C_15500-_SoS_decision__redacted__for_Publishing.pdf- maintaining contact with her after she left the school; ./Alcock_C_15500-_SoS_decision__redacted__for_Publishing.pdf- -- ./Alcock_C_15500-_SoS_decision__redacted__for_Publishing.pdf-the panel is satisfied that Mr Alcock should have known that viewing or searching for ./Alcock_C_15500-_SoS_decision__redacted__for_Publishing.pdf-sexual material was not permitted under this School policy. ./Alcock_C_15500-_SoS_decision__redacted__for_Publishing.pdf- ./Alcock_C_15500-_SoS_decision__redacted__for_Publishing.pdf-The panel considered material evidenced in the YouTube watch and search history to be ./Alcock_C_15500-_SoS_decision__redacted__for_Publishing.pdf-of a sexual nature. ./Alcock_C_15500-_SoS_decision__redacted__for_Publishing.pdf- ./Alcock_C_15500-_SoS_decision__redacted__for_Publishing.pdf-The panel noted that: ./Alcock_C_15500-_SoS_decision__redacted__for_Publishing.pdf- ./Alcock_C_15500-_SoS_decision__redacted__for_Publishing.pdf- i. the sexual material watched was not illegal; ./Alcock_C_15500-_SoS_decision__redacted__for_Publishing.pdf- ./Alcock_C_15500-_SoS_decision__redacted__for_Publishing.pdf: ii. YouTube is not a pornographic site; and ./Alcock_C_15500-_SoS_decision__redacted__for_Publishing.pdf- ./Alcock_C_15500-_SoS_decision__redacted__for_Publishing.pdf- iii. the titles searched may not necessarily have reflected the content of the videos. ./Alcock_C_15500-_SoS_decision__redacted__for_Publishing.pdf- ./Alcock_C_15500-_SoS_decision__redacted__for_Publishing.pdf-In relation to these points, the panel was not convinced on the balance of probabilities ./Alcock_C_15500-_SoS_decision__redacted__for_Publishing.pdf-that the TRA has adduced sufficient evidence to demonstrate that what Mr Alcock ./Alcock_C_15500-_SoS_decision__redacted__for_Publishing.pdf-watched was of an inappropriate nature. However, the panel did not consider searching ./Alcock_C_15500-_SoS_decision__redacted__for_Publishing.pdf:and watching sexual material to be legitimate use of school equipment. ./Alcock_C_15500-_SoS_decision__redacted__for_Publishing.pdf- ./Alcock_C_15500-_SoS_decision__redacted__for_Publishing.pdf-The panel was not convinced by the evidence adduced that the searches took place ./Alcock_C_15500-_SoS_decision__redacted__for_Publishing.pdf-during school hours. The panel believed Mr Alcock’s evidence given under oath that he ./Alcock_C_15500-_SoS_decision__redacted__for_Publishing.pdf-did not use his iPad in lessons as a teaching aid. As such, the panel were not convinced ./Alcock_C_15500-_SoS_decision__redacted__for_Publishing.pdf:by the argument put forward by the TRA that there was a risk that sexual material could ./Alcock_C_15500-_SoS_decision__redacted__for_Publishing.pdf-have been inadvertently shown to pupils. ./Alcock_C_15500-_SoS_decision__redacted__for_Publishing.pdf- ./Alcock_C_15500-_SoS_decision__redacted__for_Publishing.pdf-The panel found credible the evidence given by Mr Alcock under oath, that he originally ./Alcock_C_15500-_SoS_decision__redacted__for_Publishing.pdf:started to look up sexual taboos as part of his research in designing a curriculum for an ./Alcock_C_15500-_SoS_decision__redacted__for_Publishing.pdf-A-level Anthropology course. This included taboos related to age-difference and power ./Alcock_C_15500-_SoS_decision__redacted__for_Publishing.pdf:imbalance in sexual relationships. The panel accepted Mr Alcock’s admission that he ./Alcock_C_15500-_SoS_decision__redacted__for_Publishing.pdf-became distracted and was drawn into areas which were not directly related to his ./Alcock_C_15500-_SoS_decision__redacted__for_Publishing.pdf-research. ./Alcock_C_15500-_SoS_decision__redacted__for_Publishing.pdf- ./Alcock_C_15500-_SoS_decision__redacted__for_Publishing.pdf-Whilst the panel did find that Mr Alcock breached the School’s ICT Policy, it did not ./Alcock_C_15500-_SoS_decision__redacted__for_Publishing.pdf-believe that this constitutes misconduct of a serious nature and does not meet the ./Alcock_C_15500-_SoS_decision__redacted__for_Publishing.pdf-threshold to be considered unacceptable professional conduct. The panel also found that ./Alcock_C_15500-_SoS_decision__redacted__for_Publishing.pdf-it is not, in and of itself, conduct which would bring the profession into disrepute. ./Alcock_C_15500-_SoS_decision__redacted__for_Publishing.pdf- ./Alcock_C_15500-_SoS_decision__redacted__for_Publishing.pdf- ./Alcock_C_15500-_SoS_decision__redacted__for_Publishing.pdf- 13 -- ./Alcock_C_15500-_SoS_decision__redacted__for_Publishing.pdf-he genuinely believed that his [redacted] email address to be his private email account ./Alcock_C_15500-_SoS_decision__redacted__for_Publishing.pdf-and that the [redacted] to be his “business contact”, which was also accessed by his PA. ./Alcock_C_15500-_SoS_decision__redacted__for_Publishing.pdf- ./Alcock_C_15500-_SoS_decision__redacted__for_Publishing.pdf-The panel fully recognised that Mr Alcock has a right under Article 8 of the ECHR to a ./Alcock_C_15500-_SoS_decision__redacted__for_Publishing.pdf-private life. It did not consider this behaviour to be serious misconduct. The panel found ./Alcock_C_15500-_SoS_decision__redacted__for_Publishing.pdf-Mr Alcock’s evidence credible, in that he had the genuinely held (albeit mistaken) belief ./Alcock_C_15500-_SoS_decision__redacted__for_Publishing.pdf-that the email address from which he sent the inappropriate messages was a private ./Alcock_C_15500-_SoS_decision__redacted__for_Publishing.pdf-email address. ./Alcock_C_15500-_SoS_decision__redacted__for_Publishing.pdf- ./Alcock_C_15500-_SoS_decision__redacted__for_Publishing.pdf- 3. Your actions as may be found proven in relation to 1 and/or 2.c above were ./Alcock_C_15500-_SoS_decision__redacted__for_Publishing.pdf: sexually motivated. ./Alcock_C_15500-_SoS_decision__redacted__for_Publishing.pdf- ./Alcock_C_15500-_SoS_decision__redacted__for_Publishing.pdf-The panel found it clear that Mr Alcock’s conduct at particular 1 and sub-particular 2.c ./Alcock_C_15500-_SoS_decision__redacted__for_Publishing.pdf:had a sexual motivation. However, this was conduct between consenting adults and, ./Alcock_C_15500-_SoS_decision__redacted__for_Publishing.pdf-aside from the fact that Mr Alcock used a school email address, which he believed to be ./Alcock_C_15500-_SoS_decision__redacted__for_Publishing.pdf-private, and a mobile device belonging to the School, outside of the educational setting, ./Alcock_C_15500-_SoS_decision__redacted__for_Publishing.pdf-this would have been considered private. ./Alcock_C_15500-_SoS_decision__redacted__for_Publishing.pdf- ./Alcock_C_15500-_SoS_decision__redacted__for_Publishing.pdf-The panel was not convinced that it should consider the fact that Mr Alcock met other ./Alcock_C_15500-_SoS_decision__redacted__for_Publishing.pdf-consenting adults whilst undertaking school business a relevant factor. To do so would ./Alcock_C_15500-_SoS_decision__redacted__for_Publishing.pdf-set a dangerous precedent and risk encroaching on an teacher’s right to a private life. ./Alcock_C_15500-_SoS_decision__redacted__for_Publishing.pdf- ./Alcock_C_15500-_SoS_decision__redacted__for_Publishing.pdf-The panel did not consider that Mr Alcock’s actions would have had any ramification for ./Alcock_C_15500-_SoS_decision__redacted__for_Publishing.pdf-his ability to teach nor was it adequately persuaded that his behaviours and actions at ./Alcock_C_15500-_SoS_decision__redacted__for_Publishing.pdf-particular 1. and sub-particular 2.c., placed any students at risk. Whilst Mr Alcock’s ./Alcock_C_15500-_SoS_decision__redacted__for_Publishing.pdf:actions were sexually motivated, the panel did not consider these behaviours to meet the ./Alcock_C_15500-_SoS_decision__redacted__for_Publishing.pdf-threshold to be considered unacceptable professional conduct nor did it consider this to ./Alcock_C_15500-_SoS_decision__redacted__for_Publishing.pdf-be behaviour which may bring the profession into disrepute. ./Alcock_C_15500-_SoS_decision__redacted__for_Publishing.pdf- ./Alcock_C_15500-_SoS_decision__redacted__for_Publishing.pdf- 4. You failed to maintain appropriate professional boundaries with female ./Alcock_C_15500-_SoS_decision__redacted__for_Publishing.pdf- pupils in that you: ./Alcock_C_15500-_SoS_decision__redacted__for_Publishing.pdf- ./Alcock_C_15500-_SoS_decision__redacted__for_Publishing.pdf- ./Alcock_C_15500-_SoS_decision__redacted__for_Publishing.pdf- ./Alcock_C_15500-_SoS_decision__redacted__for_Publishing.pdf- ./Alcock_C_15500-_SoS_decision__redacted__for_Publishing.pdf- 14 ./Alexandra_Sharman_14169-_SoS_decision_for_WEB.pdf-October 2016. ./Alexandra_Sharman_14169-_SoS_decision_for_WEB.pdf- ./Alexandra_Sharman_14169-_SoS_decision_for_WEB.pdf-It was alleged that Ms Alexandra Sharman was guilty of unacceptable professional ./Alexandra_Sharman_14169-_SoS_decision_for_WEB.pdf-conduct and/or conduct that may bring the profession into disrepute, in that whilst ./Alexandra_Sharman_14169-_SoS_decision_for_WEB.pdf-employed as a teacher at the Marriotts School in Stevenage she: ./Alexandra_Sharman_14169-_SoS_decision_for_WEB.pdf- ./Alexandra_Sharman_14169-_SoS_decision_for_WEB.pdf-1. Engaged in an inappropriate relationship with Pupil A; ./Alexandra_Sharman_14169-_SoS_decision_for_WEB.pdf- ./Alexandra_Sharman_14169-_SoS_decision_for_WEB.pdf- a. when they were approximately 15 years old; ./Alexandra_Sharman_14169-_SoS_decision_for_WEB.pdf- ./Alexandra_Sharman_14169-_SoS_decision_for_WEB.pdf: b. which involved engaging in sexual activity; ./Alexandra_Sharman_14169-_SoS_decision_for_WEB.pdf- ./Alexandra_Sharman_14169-_SoS_decision_for_WEB.pdf: i. Including sexual intercourse; ./Alexandra_Sharman_14169-_SoS_decision_for_WEB.pdf- ./Alexandra_Sharman_14169-_SoS_decision_for_WEB.pdf- ii on more than one occasion; ./Alexandra_Sharman_14169-_SoS_decision_for_WEB.pdf- ./Alexandra_Sharman_14169-_SoS_decision_for_WEB.pdf-Ms Sharman had not provided a response to the allegations and in the absence of a ./Alexandra_Sharman_14169-_SoS_decision_for_WEB.pdf-response the allegations were taken to have not been admitted. ./Alexandra_Sharman_14169-_SoS_decision_for_WEB.pdf- ./Alexandra_Sharman_14169-_SoS_decision_for_WEB.pdf- ./Alexandra_Sharman_14169-_SoS_decision_for_WEB.pdf-C. Preliminary applications ./Alexandra_Sharman_14169-_SoS_decision_for_WEB.pdf-Application to proceed in the absence of the teacher ./Alexandra_Sharman_14169-_SoS_decision_for_WEB.pdf-The presenting officer applied to proceed with the hearing in the absence of Ms -- ./Alexandra_Sharman_14169-_SoS_decision_for_WEB.pdf- ./Alexandra_Sharman_14169-_SoS_decision_for_WEB.pdf-The panel confirms that it has read all the documents provided in the bundle in advance ./Alexandra_Sharman_14169-_SoS_decision_for_WEB.pdf-of the hearing. ./Alexandra_Sharman_14169-_SoS_decision_for_WEB.pdf- ./Alexandra_Sharman_14169-_SoS_decision_for_WEB.pdf-Throughout the material time, Ms Sharman was employed as a PE Teacher at Marriotts ./Alexandra_Sharman_14169-_SoS_decision_for_WEB.pdf-School in Stevenage. ./Alexandra_Sharman_14169-_SoS_decision_for_WEB.pdf- ./Alexandra_Sharman_14169-_SoS_decision_for_WEB.pdf-Ms Sharman commenced her employment at the school in October 2007. It is alleged ./Alexandra_Sharman_14169-_SoS_decision_for_WEB.pdf-that when employed at the school, Ms Sharman engaged in an inappropriate relationship ./Alexandra_Sharman_14169-_SoS_decision_for_WEB.pdf-with Pupil A, which commenced when he was a pupil in Year 10 and aged 15 years old. It ./Alexandra_Sharman_14169-_SoS_decision_for_WEB.pdf:is alleged that this relationship involved engaging in sexual activity on more than one ./Alexandra_Sharman_14169-_SoS_decision_for_WEB.pdf:occasion, which included sexual intercourse. ./Alexandra_Sharman_14169-_SoS_decision_for_WEB.pdf- ./Alexandra_Sharman_14169-_SoS_decision_for_WEB.pdf-The allegation came to light in approximately June 2015 when Pupil A disclosed to his ./Alexandra_Sharman_14169-_SoS_decision_for_WEB.pdf:GP that he had been the victim of alleged sexual abuse at the hands of Ms Sharman ./Alexandra_Sharman_14169-_SoS_decision_for_WEB.pdf-when asked why he was "depressed". ./Alexandra_Sharman_14169-_SoS_decision_for_WEB.pdf- ./Alexandra_Sharman_14169-_SoS_decision_for_WEB.pdf- Pupil A's GP passed this information on to the Hertfordshire Constabulary. On 20 June ./Alexandra_Sharman_14169-_SoS_decision_for_WEB.pdf-2015, Ms Sharman spoke to a friend and school colleague, Witness B, about a ./Alexandra_Sharman_14169-_SoS_decision_for_WEB.pdf-threatening letter that she had received from Pupil A and the nature of her relationship ./Alexandra_Sharman_14169-_SoS_decision_for_WEB.pdf-with him. On 21 June 2015, Ms Sharman also told her friend and school colleague, ./Alexandra_Sharman_14169-_SoS_decision_for_WEB.pdf-Witness A about the letter from Pupil A and disclosed the nature of her relationship with ./Alexandra_Sharman_14169-_SoS_decision_for_WEB.pdf-him. ./Alexandra_Sharman_14169-_SoS_decision_for_WEB.pdf- ./Alexandra_Sharman_14169-_SoS_decision_for_WEB.pdf-On 21 June 2015 Witness B informed the Head Teacher at the school of the disclosure -- ./Alexandra_Sharman_14169-_SoS_decision_for_WEB.pdf-Findings of fact ./Alexandra_Sharman_14169-_SoS_decision_for_WEB.pdf-Our findings of fact are as follows: ./Alexandra_Sharman_14169-_SoS_decision_for_WEB.pdf- ./Alexandra_Sharman_14169-_SoS_decision_for_WEB.pdf-The panel has found the following particulars of the allegations against you proven, for ./Alexandra_Sharman_14169-_SoS_decision_for_WEB.pdf-these reasons: ./Alexandra_Sharman_14169-_SoS_decision_for_WEB.pdf- ./Alexandra_Sharman_14169-_SoS_decision_for_WEB.pdf-1. You engaged in an inappropriate relationship with Pupil A; ./Alexandra_Sharman_14169-_SoS_decision_for_WEB.pdf- ./Alexandra_Sharman_14169-_SoS_decision_for_WEB.pdf- a. when they were approximately 15 years old; ./Alexandra_Sharman_14169-_SoS_decision_for_WEB.pdf- ./Alexandra_Sharman_14169-_SoS_decision_for_WEB.pdf: b. which involved engaging in sexual activity; ./Alexandra_Sharman_14169-_SoS_decision_for_WEB.pdf- ./Alexandra_Sharman_14169-_SoS_decision_for_WEB.pdf: i. Including sexual intercourse; ./Alexandra_Sharman_14169-_SoS_decision_for_WEB.pdf- ./Alexandra_Sharman_14169-_SoS_decision_for_WEB.pdf- ii. on more than one occasion; ./Alexandra_Sharman_14169-_SoS_decision_for_WEB.pdf- ./Alexandra_Sharman_14169-_SoS_decision_for_WEB.pdf-The panel carefully considered the written statement provided from Pupil A. The panel ./Alexandra_Sharman_14169-_SoS_decision_for_WEB.pdf-approached Pupil A's evidence with great care and caution due to the manner in which ./Alexandra_Sharman_14169-_SoS_decision_for_WEB.pdf-he raised his relationship directly with Ms Sharman, namely the threatening letter he ./Alexandra_Sharman_14169-_SoS_decision_for_WEB.pdf-wrote to her, which gave the panel considerable cause for concern. However, Pupil A’s ./Alexandra_Sharman_14169-_SoS_decision_for_WEB.pdf-evidence was not the sole or decisive evidence before the panel. His evidence that Ms ./Alexandra_Sharman_14169-_SoS_decision_for_WEB.pdf-Sharman had engaged in a relationship with him was supported by the evidence ./Alexandra_Sharman_14169-_SoS_decision_for_WEB.pdf-provided by Witness A and Witness B. -- ./Alexandra_Sharman_14169-_SoS_decision_for_WEB.pdf-evidence and the elements of the statement of Pupil A which it corroborated that, on the ./Alexandra_Sharman_14169-_SoS_decision_for_WEB.pdf-balance of probabilities, Ms Sharman engaged in an inappropriate relationship with Pupil ./Alexandra_Sharman_14169-_SoS_decision_for_WEB.pdf-A. ./Alexandra_Sharman_14169-_SoS_decision_for_WEB.pdf- ./Alexandra_Sharman_14169-_SoS_decision_for_WEB.pdf-Furthermore, the panel is satisfied on the balance of probabilities that the inappropriate ./Alexandra_Sharman_14169-_SoS_decision_for_WEB.pdf-relationship with Pupil A commenced when Pupil A was aged at least 15 years. This ./Alexandra_Sharman_14169-_SoS_decision_for_WEB.pdf-finding is made on the basis of the Pupil A's witness statement and the written and oral ./Alexandra_Sharman_14169-_SoS_decision_for_WEB.pdf-evidence of Witness A. ./Alexandra_Sharman_14169-_SoS_decision_for_WEB.pdf- ./Alexandra_Sharman_14169-_SoS_decision_for_WEB.pdf- The panel considered Pupil A's statement and the various descriptions he had given of ./Alexandra_Sharman_14169-_SoS_decision_for_WEB.pdf:the sexual activity which took place. Having carefully considered the evidence before it ./Alexandra_Sharman_14169-_SoS_decision_for_WEB.pdf-the panel are satisfied that the inappropriate relationship between Ms Sharman and Pupil ./Alexandra_Sharman_14169-_SoS_decision_for_WEB.pdf- ./Alexandra_Sharman_14169-_SoS_decision_for_WEB.pdf- 7 ./Alexandra_Sharman_14169-_SoS_decision_for_WEB.pdf- -- ./Alexandra_Sharman_14169-_SoS_decision_for_WEB.pdf:A involved engaging in sexual activity including sexual intercourse on more than one ./Alexandra_Sharman_14169-_SoS_decision_for_WEB.pdf-occasion. The witnesses describe Ms Sharman telling them individually and in the ./Alexandra_Sharman_14169-_SoS_decision_for_WEB.pdf:presence of others that Ms Sharman had sex with a student and that she had a sexual ./Alexandra_Sharman_14169-_SoS_decision_for_WEB.pdf-relationship with him so that on the balance of probabilities the panel are satisfied that ./Alexandra_Sharman_14169-_SoS_decision_for_WEB.pdf:sexual activity took place more than once. Based on the totality of the evidence the panel ./Alexandra_Sharman_14169-_SoS_decision_for_WEB.pdf-are satisfied that there was an intimate and sustained relationship between Ms Sharman ./Alexandra_Sharman_14169-_SoS_decision_for_WEB.pdf-and Pupil A over an extended period. ./Alexandra_Sharman_14169-_SoS_decision_for_WEB.pdf- ./Alexandra_Sharman_14169-_SoS_decision_for_WEB.pdf-On 20 June 2015, Ms Sharman told Witness B about the letter she had received from ./Alexandra_Sharman_14169-_SoS_decision_for_WEB.pdf-Pupil A and disclosed that "lines had been crossed". On 21 June 2015, Ms Sharman told ./Alexandra_Sharman_14169-_SoS_decision_for_WEB.pdf-Witness A about the letter she had received from Pupil A and confirmed that she had a ./Alexandra_Sharman_14169-_SoS_decision_for_WEB.pdf-relationship with him. Ms Sharman's ex-partner arrived later that evening and Ms ./Alexandra_Sharman_14169-_SoS_decision_for_WEB.pdf:Sharman told him about the letter from Pupil A and said "I've had sex with a student". ./Alexandra_Sharman_14169-_SoS_decision_for_WEB.pdf-Shortly after she repeated this disclosure to her sister and parents. Both these ./Alexandra_Sharman_14169-_SoS_decision_for_WEB.pdf-disclosures took place in the presence of Witness A. On 21 June 2015, Witness B spoke ./Alexandra_Sharman_14169-_SoS_decision_for_WEB.pdf-to Ms Sharman by telephone and told her that she would be informing the Head Teacher ./Alexandra_Sharman_14169-_SoS_decision_for_WEB.pdf-at the school of the disclosure. ./Alexandra_Sharman_14169-_SoS_decision_for_WEB.pdf- ./Alexandra_Sharman_14169-_SoS_decision_for_WEB.pdf-On this basis the panel find allegation 1 and its particulars proven. ./Alexandra_Sharman_14169-_SoS_decision_for_WEB.pdf- ./Alexandra_Sharman_14169-_SoS_decision_for_WEB.pdf-Findings as to unacceptable professional conduct and/or conduct that ./Alexandra_Sharman_14169-_SoS_decision_for_WEB.pdf-may bring the profession into disrepute ./Alexandra_Sharman_14169-_SoS_decision_for_WEB.pdf-Having found the allegation to have been proven, the panel has gone on to consider -- ./Alexandra_Sharman_14169-_SoS_decision_for_WEB.pdf-given in order to be punitive, or to show that blame has been apportioned, although they ./Alexandra_Sharman_14169-_SoS_decision_for_WEB.pdf-are likely to have punitive effect. ./Alexandra_Sharman_14169-_SoS_decision_for_WEB.pdf- ./Alexandra_Sharman_14169-_SoS_decision_for_WEB.pdf-The panel has considered the particular public interest considerations set out in the ./Alexandra_Sharman_14169-_SoS_decision_for_WEB.pdf-Advice and having done so has found them all to be relevant in this case, namely the ./Alexandra_Sharman_14169-_SoS_decision_for_WEB.pdf-protection of pupils, the protection of other members of the public, the maintenance of ./Alexandra_Sharman_14169-_SoS_decision_for_WEB.pdf-public confidence in the profession and declaring and upholding proper standards of ./Alexandra_Sharman_14169-_SoS_decision_for_WEB.pdf-conduct. ./Alexandra_Sharman_14169-_SoS_decision_for_WEB.pdf- ./Alexandra_Sharman_14169-_SoS_decision_for_WEB.pdf-In light of the panel’s findings that Ms Sharman engaged in an inappropriate relationship ./Alexandra_Sharman_14169-_SoS_decision_for_WEB.pdf:with Pupil A which involved sexual activity on more than one occasion including sexual ./Alexandra_Sharman_14169-_SoS_decision_for_WEB.pdf-intercourse, there is a strong public interest consideration in respect of the protection of ./Alexandra_Sharman_14169-_SoS_decision_for_WEB.pdf-pupils. ./Alexandra_Sharman_14169-_SoS_decision_for_WEB.pdf- ./Alexandra_Sharman_14169-_SoS_decision_for_WEB.pdf- ./Alexandra_Sharman_14169-_SoS_decision_for_WEB.pdf- 9 ./Alexandra_Sharman_14169-_SoS_decision_for_WEB.pdf- -- ./Alexandra_Sharman_14169-_SoS_decision_for_WEB.pdf-In carrying out the balancing exercise the panel has considered the public interest ./Alexandra_Sharman_14169-_SoS_decision_for_WEB.pdf-considerations both in favour of and against prohibition as well as the interests of Ms ./Alexandra_Sharman_14169-_SoS_decision_for_WEB.pdf-Sharman. The panel took further account of the Advice, which suggests that a prohibition ./Alexandra_Sharman_14169-_SoS_decision_for_WEB.pdf-order may be appropriate if certain behaviours of a teacher have been proven. The panel ./Alexandra_Sharman_14169-_SoS_decision_for_WEB.pdf-consider that Ms Sharman's conduct constitutes: - ./Alexandra_Sharman_14169-_SoS_decision_for_WEB.pdf- ./Alexandra_Sharman_14169-_SoS_decision_for_WEB.pdf-  a serious departure from the personal and professional conduct elements of the ./Alexandra_Sharman_14169-_SoS_decision_for_WEB.pdf- Teachers’ Standards; ./Alexandra_Sharman_14169-_SoS_decision_for_WEB.pdf-  an abuse of position or trust (particularly involving vulnerable pupils) or violation of ./Alexandra_Sharman_14169-_SoS_decision_for_WEB.pdf- the rights of pupils; ./Alexandra_Sharman_14169-_SoS_decision_for_WEB.pdf:  sexual misconduct: ./Alexandra_Sharman_14169-_SoS_decision_for_WEB.pdf-Even though there were behaviours that would point to a prohibition order being ./Alexandra_Sharman_14169-_SoS_decision_for_WEB.pdf-appropriate, the panel went on to consider whether or not there were sufficient mitigating ./Alexandra_Sharman_14169-_SoS_decision_for_WEB.pdf-factors to militate against a prohibition order being an appropriate and proportionate ./Alexandra_Sharman_14169-_SoS_decision_for_WEB.pdf-measure to impose, particularly taking into account the nature and severity of the ./Alexandra_Sharman_14169-_SoS_decision_for_WEB.pdf-behaviour in this case. ./Alexandra_Sharman_14169-_SoS_decision_for_WEB.pdf- ./Alexandra_Sharman_14169-_SoS_decision_for_WEB.pdf-There is no evidence that Ms Sharman's action were not deliberate and there is no ./Alexandra_Sharman_14169-_SoS_decision_for_WEB.pdf-evidence to suggest that she was acting under duress. In fact, the panel found the ./Alexandra_Sharman_14169-_SoS_decision_for_WEB.pdf-teacher’s actions to be calculated and intentional. However, Ms Sharman does have a ./Alexandra_Sharman_14169-_SoS_decision_for_WEB.pdf-previous good history and the panel noted the oral evidence of Witness B that she was -- ./Alexandra_Sharman_14169-_SoS_decision_for_WEB.pdf-The panel went on to consider whether or not it would be appropriate for them to decide ./Alexandra_Sharman_14169-_SoS_decision_for_WEB.pdf-to recommend that a review period of the order should be considered. The panel were ./Alexandra_Sharman_14169-_SoS_decision_for_WEB.pdf-mindful that a prohibition order applies for life, but there may be circumstances in any ./Alexandra_Sharman_14169-_SoS_decision_for_WEB.pdf-given case that may make it appropriate to allow a teacher to apply to have the ./Alexandra_Sharman_14169-_SoS_decision_for_WEB.pdf-prohibition order reviewed after a specified period of time that may not be less than 2 ./Alexandra_Sharman_14169-_SoS_decision_for_WEB.pdf-years. ./Alexandra_Sharman_14169-_SoS_decision_for_WEB.pdf- ./Alexandra_Sharman_14169-_SoS_decision_for_WEB.pdf-The Advice indicates that there are behaviours that, if proven, would militate against a ./Alexandra_Sharman_14169-_SoS_decision_for_WEB.pdf:review period being recommended. These behaviours include serious sexual misconduct ./Alexandra_Sharman_14169-_SoS_decision_for_WEB.pdf-that resulted in or had the potential to result in harm to a person, particularly where the ./Alexandra_Sharman_14169-_SoS_decision_for_WEB.pdf-individual has used their professional position to influence or exploit a person. The panel ./Alexandra_Sharman_14169-_SoS_decision_for_WEB.pdf-heard evidence of the significant impact of Ms Sharman's disclosures on friends and ./Alexandra_Sharman_14169-_SoS_decision_for_WEB.pdf-colleagues. The panel also noted Pupil A's account of the impact the relationship had on ./Alexandra_Sharman_14169-_SoS_decision_for_WEB.pdf-him. ./Alexandra_Sharman_14169-_SoS_decision_for_WEB.pdf- ./Alexandra_Sharman_14169-_SoS_decision_for_WEB.pdf-The panel felt the findings indicated a situation in which a review period would not be ./Alexandra_Sharman_14169-_SoS_decision_for_WEB.pdf-appropriate and as such decided that it would be proportionate in all the circumstances ./Alexandra_Sharman_14169-_SoS_decision_for_WEB.pdf-for the prohibition order to be recommended without provisions for a review period. ./Alexandra_Sharman_14169-_SoS_decision_for_WEB.pdf- -- ./Alexandra_Sharman_14169-_SoS_decision_for_WEB.pdf-The panel has gone on to take into account the Advice published by the Secretary of ./Alexandra_Sharman_14169-_SoS_decision_for_WEB.pdf-State. That advice suggests that a prohibition order may be appropriate if certain ./Alexandra_Sharman_14169-_SoS_decision_for_WEB.pdf-behaviours of a teacher have been proven. In the list of such behaviours, those that are ./Alexandra_Sharman_14169-_SoS_decision_for_WEB.pdf-relevant in this case are: ./Alexandra_Sharman_14169-_SoS_decision_for_WEB.pdf- ./Alexandra_Sharman_14169-_SoS_decision_for_WEB.pdf-  a serious departure from the personal and professional conduct elements of the ./Alexandra_Sharman_14169-_SoS_decision_for_WEB.pdf- Teachers’ Standards; ./Alexandra_Sharman_14169-_SoS_decision_for_WEB.pdf-  an abuse of position or trust (particularly involving vulnerable pupils) or violation of ./Alexandra_Sharman_14169-_SoS_decision_for_WEB.pdf- the rights of pupils; ./Alexandra_Sharman_14169-_SoS_decision_for_WEB.pdf:  sexual misconduct. ./Alexandra_Sharman_14169-_SoS_decision_for_WEB.pdf-I have considered the public interest in this case. I agree with the panel that there is a ./Alexandra_Sharman_14169-_SoS_decision_for_WEB.pdf-strong public interest consideration in respect of the protection of pupils given the panel’s ./Alexandra_Sharman_14169-_SoS_decision_for_WEB.pdf-findings that Ms Sharman engaged in an inappropriate relationship with a pupil, which ./Alexandra_Sharman_14169-_SoS_decision_for_WEB.pdf:involved sexual activity on more than one occasion including sexual intercourse. ./Alexandra_Sharman_14169-_SoS_decision_for_WEB.pdf- ./Alexandra_Sharman_14169-_SoS_decision_for_WEB.pdf-I have taken into account the guidance published by the Secretary of State. I have also ./Alexandra_Sharman_14169-_SoS_decision_for_WEB.pdf-taken into account the need to be proportionate and to balance the interests of the ./Alexandra_Sharman_14169-_SoS_decision_for_WEB.pdf-teacher with the interests of the public. ./Alexandra_Sharman_14169-_SoS_decision_for_WEB.pdf- ./Alexandra_Sharman_14169-_SoS_decision_for_WEB.pdf-I have taken into account the mitigating factors considered by the panel. I note that the ./Alexandra_Sharman_14169-_SoS_decision_for_WEB.pdf-panel found there was no evidence that Ms Sharman’s behaviour or actions were not ./Alexandra_Sharman_14169-_SoS_decision_for_WEB.pdf-deliberate or that she was acting under duress. In fact, I note that the panel found the ./Alexandra_Sharman_14169-_SoS_decision_for_WEB.pdf-teacher’s actions to be calculated and intentional. ./Alexandra_Sharman_14169-_SoS_decision_for_WEB.pdf- -- ./Alexandra_Sharman_14169-_SoS_decision_for_WEB.pdf-satisfied that having received appropriate safeguarding training Ms Sharman was fully ./Alexandra_Sharman_14169-_SoS_decision_for_WEB.pdf-aware of the seriousness of her misconduct. The panel noted that this relationship was ./Alexandra_Sharman_14169-_SoS_decision_for_WEB.pdf-both covert and sustained over a considerable period of time. ./Alexandra_Sharman_14169-_SoS_decision_for_WEB.pdf- ./Alexandra_Sharman_14169-_SoS_decision_for_WEB.pdf-I support the recommendation made by the panel. This was a serious case and it is ./Alexandra_Sharman_14169-_SoS_decision_for_WEB.pdf-appropriate, proportionate and in the public interest that Ms Sharman be prohibited from ./Alexandra_Sharman_14169-_SoS_decision_for_WEB.pdf-teaching. ./Alexandra_Sharman_14169-_SoS_decision_for_WEB.pdf- ./Alexandra_Sharman_14169-_SoS_decision_for_WEB.pdf-I now turn to the matter of a review period. I have taken into account the Advice which ./Alexandra_Sharman_14169-_SoS_decision_for_WEB.pdf-indicates that there are behaviours that, if proven, would militate against a review period ./Alexandra_Sharman_14169-_SoS_decision_for_WEB.pdf:being allowed. These behaviours include serious sexual misconduct. ./Alexandra_Sharman_14169-_SoS_decision_for_WEB.pdf- ./Alexandra_Sharman_14169-_SoS_decision_for_WEB.pdf-I note the panel heard evidence of the significant impact of Ms Sharman's disclosures on ./Alexandra_Sharman_14169-_SoS_decision_for_WEB.pdf-friends and colleagues, and noted the account of the impact the relationship had on the ./Alexandra_Sharman_14169-_SoS_decision_for_WEB.pdf-pupil concerned. ./Alexandra_Sharman_14169-_SoS_decision_for_WEB.pdf- ./Alexandra_Sharman_14169-_SoS_decision_for_WEB.pdf-For the reasons stated above, I support the recommendation that there be no review ./Alexandra_Sharman_14169-_SoS_decision_for_WEB.pdf-period. ./Alexandra_Sharman_14169-_SoS_decision_for_WEB.pdf- ./Alexandra_Sharman_14169-_SoS_decision_for_WEB.pdf- ./Alexandra_Sharman_14169-_SoS_decision_for_WEB.pdf- 12 ./Alston__S_-_Web_Decision.pdf-Teacher: Mr Stuart Alston ./Alston__S_-_Web_Decision.pdf- ./Alston__S_-_Web_Decision.pdf-Teacher ref number: 1080370 ./Alston__S_-_Web_Decision.pdf- ./Alston__S_-_Web_Decision.pdf-Teacher date of birth: 7 March 1987 ./Alston__S_-_Web_Decision.pdf- ./Alston__S_-_Web_Decision.pdf-TRA reference: 16282 ./Alston__S_-_Web_Decision.pdf- ./Alston__S_-_Web_Decision.pdf-Date of determination: 18 May 2018 ./Alston__S_-_Web_Decision.pdf- ./Alston__S_-_Web_Decision.pdf:Former employer: Harwich and Dovercourt High School, Essex ./Alston__S_-_Web_Decision.pdf- ./Alston__S_-_Web_Decision.pdf- St Paul’s Academy, London ./Alston__S_-_Web_Decision.pdf- ./Alston__S_-_Web_Decision.pdf- Sudbury Upper School, Suffolk ./Alston__S_-_Web_Decision.pdf- ./Alston__S_-_Web_Decision.pdf- ./Alston__S_-_Web_Decision.pdf-A. Introduction ./Alston__S_-_Web_Decision.pdf-A professional conduct panel (“the panel”) of the Teaching Regulation Agency (“the ./Alston__S_-_Web_Decision.pdf-Agency”) convened on 10 April 2018 and 18 May 2018 at 53 to 55 Butts Road, Earlsdon ./Alston__S_-_Web_Decision.pdf-Park, Coventry CV1 3BH to consider the case of Mr Stuart Alston. -- ./Alston__S_-_Web_Decision.pdf-B. Allegations ./Alston__S_-_Web_Decision.pdf-The panel considered the allegations set out in the Notice of Proceedings dated 2 March ./Alston__S_-_Web_Decision.pdf-2018. ./Alston__S_-_Web_Decision.pdf- ./Alston__S_-_Web_Decision.pdf-It was alleged that Mr Alston was guilty of unacceptable professional conduct and/or ./Alston__S_-_Web_Decision.pdf-conduct that may bring the profession into disrepute, in that he: ./Alston__S_-_Web_Decision.pdf- ./Alston__S_-_Web_Decision.pdf- 1. Whilst employed as a teacher at Harwich and Dovercourt High School in or around ./Alston__S_-_Web_Decision.pdf: 2016, engaged in sexual activity with Young Person A, who was an apprentice at ./Alston__S_-_Web_Decision.pdf- the school, on one or more occasions ./Alston__S_-_Web_Decision.pdf- ./Alston__S_-_Web_Decision.pdf- 2. Lied on one or more occasions about his relationship with Young Person A when ./Alston__S_-_Web_Decision.pdf- asked by one or more staff members at the school ./Alston__S_-_Web_Decision.pdf- ./Alston__S_-_Web_Decision.pdf- 3. When applying for a position at Harwich and Dovercourt High School in or around ./Alston__S_-_Web_Decision.pdf- May 2015, provided inaccurate information on his application form, in particular ./Alston__S_-_Web_Decision.pdf- he: ./Alston__S_-_Web_Decision.pdf- ./Alston__S_-_Web_Decision.pdf- a. Provided an incorrect end date for his employment with Sudbury Upper -- ./Alston__S_-_Web_Decision.pdf- Academy, failed to declare that he had been the subject of any child protection ./Alston__S_-_Web_Decision.pdf- concern either in his work or personal life, or disciplinary action in relation thereto, ./Alston__S_-_Web_Decision.pdf- including any which is time expired, as was required on the “Catholic Education ./Alston__S_-_Web_Decision.pdf- Service Teacher Application Form” ./Alston__S_-_Web_Decision.pdf- ./Alston__S_-_Web_Decision.pdf- 5. Whilst employed as a teacher at Sudbury Upper School, in or around 2011, ./Alston__S_-_Web_Decision.pdf- engaged in inappropriate contact with: ./Alston__S_-_Web_Decision.pdf- ./Alston__S_-_Web_Decision.pdf- a. Former Pupil B, who he had a romantic relationship with ./Alston__S_-_Web_Decision.pdf- ./Alston__S_-_Web_Decision.pdf: b. Pupil C, who he had sexual contact with and / or kissed ./Alston__S_-_Web_Decision.pdf- ./Alston__S_-_Web_Decision.pdf- c. Former Pupil D, who he kissed ./Alston__S_-_Web_Decision.pdf- ./Alston__S_-_Web_Decision.pdf- 4 ./Alston__S_-_Web_Decision.pdf- -- ./Alston__S_-_Web_Decision.pdf-The panel was advised that if it is the panel’s view that there is sufficient information to ./Alston__S_-_Web_Decision.pdf:warrant the inclusion of an allegation of “sexual motivation”, it could be a serious ./Alston__S_-_Web_Decision.pdf-procedural irregularity to omit the allegation if it removed an issue from consideration by ./Alston__S_-_Web_Decision.pdf-the panel that could impact on the panel’s decision as to its recommendation. At a ./Alston__S_-_Web_Decision.pdf-hearing, the panel would have the power to amend the notice of proceedings, but could ./Alston__S_-_Web_Decision.pdf-not do so at a meeting. The panel was advised that it did not need to determine whether ./Alston__S_-_Web_Decision.pdf:sexual motivation would be proven, it need only decide whether it should adjourn for an ./Alston__S_-_Web_Decision.pdf-amendment to the allegation to be considered. ./Alston__S_-_Web_Decision.pdf- ./Alston__S_-_Web_Decision.pdf:In light of this advice, the panel was minded to adjourn to enable the allegation of “sexual ./Alston__S_-_Web_Decision.pdf-motivation” to be considered. Upon communicating this to the Agency, the panel was ./Alston__S_-_Web_Decision.pdf-informed that there would be an inevitable delay if a hearing needed to be convened, and ./Alston__S_-_Web_Decision.pdf-was asked to consider if the amendment to the allegation was necessary in order to ./Alston__S_-_Web_Decision.pdf-determine its recommendation in this case. The panel therefore considered whether ./Alston__S_-_Web_Decision.pdf-there was any value in adjourning, given the delay and additional expense that would be ./Alston__S_-_Web_Decision.pdf-caused. ./Alston__S_-_Web_Decision.pdf- ./Alston__S_-_Web_Decision.pdf:Allegations 1 and 5.b., admitted by Mr Alston, refer to sexual activity with an apprentice ./Alston__S_-_Web_Decision.pdf:at the school and sexual contact with a pupil respectively. The panel considered that if it ./Alston__S_-_Web_Decision.pdf-was to find those allegations proven, depending on the panel’s view of the allegations, it ./Alston__S_-_Web_Decision.pdf:could be sufficient to amount to serious sexual misconduct. The panel noted that the ./Alston__S_-_Web_Decision.pdf-definition contained in the “Teacher misconduct: The prohibition of teachers Advice” (“the ./Alston__S_-_Web_Decision.pdf-Advice”) refers to “Unacceptable Professional Conduct” as being “misconduct of a ./Alston__S_-_Web_Decision.pdf-serious nature, falling significantly short of the standard of behaviour expected of a ./Alston__S_-_Web_Decision.pdf:teacher”. Conduct involving sexual activity or contact could fall short of Teachers’ ./Alston__S_-_Web_Decision.pdf:Standards regardless of whether such activity was sexually motivated. Furthermore, the ./Alston__S_-_Web_Decision.pdf-Advice states that a teacher’s behaviour will be considered likely to be incompatible with ./Alston__S_-_Web_Decision.pdf:being a teacher if there is evidence of sexual misconduct. An example of sexual ./Alston__S_-_Web_Decision.pdf:misconduct is given as “involving actions that were sexually motivated or of a sexual ./Alston__S_-_Web_Decision.pdf-nature and/ or that exploit the trust, knowledge or influence derived from the individual’s ./Alston__S_-_Web_Decision.pdf:professional position. It is therefore not a requisite that a teacher’s actions be sexually ./Alston__S_-_Web_Decision.pdf-motivated in order for a prohibition order to be recommended, nor in order for it to be ./Alston__S_-_Web_Decision.pdf-recommended that a prohibition order be imposed with no provision for the teacher to ./Alston__S_-_Web_Decision.pdf-apply for it to be set aside. The panel did not therefore consider that the inclusion of an ./Alston__S_-_Web_Decision.pdf:allegation of sexual motivation would impact upon its decision on its recommendation. ./Alston__S_-_Web_Decision.pdf- ./Alston__S_-_Web_Decision.pdf-The panel considered the interests of justice and given that the facts alleged have been ./Alston__S_-_Web_Decision.pdf-admitted, that Mr Alston has requested a meeting and the panel has the benefit of Mr ./Alston__S_-_Web_Decision.pdf-Alston’s representations, justice would be adequately served by considering this matter ./Alston__S_-_Web_Decision.pdf-at a meeting. ./Alston__S_-_Web_Decision.pdf- ./Alston__S_-_Web_Decision.pdf-The panel carefully considered the public interest. The panel noted that if the case ./Alston__S_-_Web_Decision.pdf-proceeded in a meeting, there would be a public announcement of the panel’s ./Alston__S_-_Web_Decision.pdf-decision. The panel also had in mind that if the meeting was adjourned for a hearing to ./Alston__S_-_Web_Decision.pdf- -- ./Alston__S_-_Web_Decision.pdf-be convened, there would be a cost to the public purse, which would not be justified, ./Alston__S_-_Web_Decision.pdf:given that the panel’s assessment that an allegation of sexual motivation would not ./Alston__S_-_Web_Decision.pdf-impact on its ability to decide whether the allegations amounted to unacceptable ./Alston__S_-_Web_Decision.pdf-professional conduct and/or conduct that may bring the profession into disrepute, nor ./Alston__S_-_Web_Decision.pdf-upon its recommendation. The panel also had regard to the delay that would be caused ./Alston__S_-_Web_Decision.pdf-in convening a hearing and considered it to be in the public interest to reach a final ./Alston__S_-_Web_Decision.pdf-determination in this matter without further delay. The panel therefore decided to proceed ./Alston__S_-_Web_Decision.pdf-with the meeting, but noted that it could, at any stage of the meeting, reconsider this ./Alston__S_-_Web_Decision.pdf-issue. ./Alston__S_-_Web_Decision.pdf- ./Alston__S_-_Web_Decision.pdf-Findings of fact ./Alston__S_-_Web_Decision.pdf-Our findings of fact are as follows: ./Alston__S_-_Web_Decision.pdf- ./Alston__S_-_Web_Decision.pdf-The panel has found the following particulars of the allegations against you proven, for ./Alston__S_-_Web_Decision.pdf-the following reasons: ./Alston__S_-_Web_Decision.pdf- ./Alston__S_-_Web_Decision.pdf- 1. Whilst employed as a teacher at Harwich and Dovercourt High School in or ./Alston__S_-_Web_Decision.pdf: around 2016, engaged in sexual activity with Young Person A, who was an ./Alston__S_-_Web_Decision.pdf- apprentice at the school, on one or more occasions ./Alston__S_-_Web_Decision.pdf- ./Alston__S_-_Web_Decision.pdf-Mr Alston admitted this allegation in the agreed statement of facts dated 6 February 2018 ./Alston__S_-_Web_Decision.pdf-and this was further supported by admissions within correspondence exchanged with the ./Alston__S_-_Web_Decision.pdf-presenting officer in the course of these proceedings. ./Alston__S_-_Web_Decision.pdf- ./Alston__S_-_Web_Decision.pdf-The panel also had regard to the notes of the school’s interviews with Young Person A in ./Alston__S_-_Web_Decision.pdf:which she confirmed she had engaged in sexual activity with Mr Alston. ./Alston__S_-_Web_Decision.pdf- ./Alston__S_-_Web_Decision.pdf-The panel found this allegation proven on the balance of probabilities. ./Alston__S_-_Web_Decision.pdf- ./Alston__S_-_Web_Decision.pdf- 2. Lied on one or more occasions about your relationship with Young Person A ./Alston__S_-_Web_Decision.pdf- when asked by one or more staff members at the school ./Alston__S_-_Web_Decision.pdf- ./Alston__S_-_Web_Decision.pdf-Mr Alston admitted this allegation in the agreed statement of facts dated 6 February 2018 ./Alston__S_-_Web_Decision.pdf-and this was further supported by admissions within correspondence exchanged with the ./Alston__S_-_Web_Decision.pdf-presenting officer in the course of these proceedings. ./Alston__S_-_Web_Decision.pdf- ./Alston__S_-_Web_Decision.pdf-The panel carefully considered notes of the Mr Alston’s interviews with the school which ./Alston__S_-_Web_Decision.pdf:showed Mr Alston denied having a sexual relationship with Young Person A on at least ./Alston__S_-_Web_Decision.pdf-one occasion. ./Alston__S_-_Web_Decision.pdf- ./Alston__S_-_Web_Decision.pdf-The panel found this allegation proven on the balance of probabilities. ./Alston__S_-_Web_Decision.pdf- ./Alston__S_-_Web_Decision.pdf- ./Alston__S_-_Web_Decision.pdf- ./Alston__S_-_Web_Decision.pdf- ./Alston__S_-_Web_Decision.pdf- 7 ./Alston__S_-_Web_Decision.pdf- -- ./Alston__S_-_Web_Decision.pdf-and this was further supported by admissions within correspondence exchanged with the ./Alston__S_-_Web_Decision.pdf-presenting officer in the course of these proceedings. ./Alston__S_-_Web_Decision.pdf- ./Alston__S_-_Web_Decision.pdf-The panel found this allegation proven on the balance of probabilities. ./Alston__S_-_Web_Decision.pdf- ./Alston__S_-_Web_Decision.pdf- 5. Whilst employed as a teacher at Sudbury Upper School, in or around 2011, ./Alston__S_-_Web_Decision.pdf- engaged in inappropriate contact with: ./Alston__S_-_Web_Decision.pdf- ./Alston__S_-_Web_Decision.pdf- a. Former Pupil B, who you had a romantic relationship with ./Alston__S_-_Web_Decision.pdf- ./Alston__S_-_Web_Decision.pdf: b. Pupil C, who you had sexual contact with and / or kissed ./Alston__S_-_Web_Decision.pdf- ./Alston__S_-_Web_Decision.pdf- c. Former Pupil D, who you kissed ./Alston__S_-_Web_Decision.pdf- ./Alston__S_-_Web_Decision.pdf- 8 ./Alston__S_-_Web_Decision.pdf- -- ./Alston__S_-_Web_Decision.pdf- statutory provisions; ./Alston__S_-_Web_Decision.pdf-  Teachers must have proper and professional regard for the ethos, policies and ./Alston__S_-_Web_Decision.pdf- practices of the school in which they teach ./Alston__S_-_Web_Decision.pdf-  Teachers must have an understanding of, and always act within, the statutory ./Alston__S_-_Web_Decision.pdf- frameworks which set out their professional duties and responsibilities. ./Alston__S_-_Web_Decision.pdf-The panel is satisfied that the conduct of Mr Alston fell significantly short of the standards ./Alston__S_-_Web_Decision.pdf-expected of the profession. ./Alston__S_-_Web_Decision.pdf- ./Alston__S_-_Web_Decision.pdf-The panel has also considered whether Mr Alston’s conduct displayed behaviours ./Alston__S_-_Web_Decision.pdf-associated with any of the offences listed on pages 8 and 9 of the Advice and has found ./Alston__S_-_Web_Decision.pdf:that the offences of serious dishonesty and sexual activity are relevant. ./Alston__S_-_Web_Decision.pdf- ./Alston__S_-_Web_Decision.pdf-The Advice indicates that where behaviours associated with such an offence exist, a ./Alston__S_-_Web_Decision.pdf-panel is likely to conclude that an individual’s conduct would amount to unacceptable ./Alston__S_-_Web_Decision.pdf-professional conduct. ./Alston__S_-_Web_Decision.pdf- ./Alston__S_-_Web_Decision.pdf-The panel has taken into account how the teaching profession is viewed by others and ./Alston__S_-_Web_Decision.pdf-considered the influence that teachers may have on pupils, parents and others in the ./Alston__S_-_Web_Decision.pdf- ./Alston__S_-_Web_Decision.pdf- 10 ./Alston__S_-_Web_Decision.pdf- -- ./Alston__S_-_Web_Decision.pdf- ./Alston__S_-_Web_Decision.pdf-  serious departure from the personal and professional conduct elements of the ./Alston__S_-_Web_Decision.pdf- Teachers’ Standards; ./Alston__S_-_Web_Decision.pdf-  misconduct seriously affecting the education and/or well-being of pupils, and ./Alston__S_-_Web_Decision.pdf- particularly where there is a continuing risk; ./Alston__S_-_Web_Decision.pdf-  a deep-seated attitude that leads to harmful behaviour; ./Alston__S_-_Web_Decision.pdf-  abuse of position or trust (particularly involving vulnerable pupils) or violation of the ./Alston__S_-_Web_Decision.pdf- rights of pupils; ./Alston__S_-_Web_Decision.pdf-  dishonesty especially where there have been serious consequences, and/or it has ./Alston__S_-_Web_Decision.pdf- been repeated and/or covered up; ./Alston__S_-_Web_Decision.pdf:  sexual misconduct, e.g. involving actions that were sexually motivated or of a ./Alston__S_-_Web_Decision.pdf: sexual nature and/or that use or exploit the trust, knowledge or influence derived ./Alston__S_-_Web_Decision.pdf- from the individual’s professional position; ./Alston__S_-_Web_Decision.pdf-Even though there were behaviours that would point to a prohibition order being ./Alston__S_-_Web_Decision.pdf-appropriate, the panel went on to consider whether or not there were sufficient mitigating ./Alston__S_-_Web_Decision.pdf-factors to militate against a prohibition order being an appropriate and proportionate ./Alston__S_-_Web_Decision.pdf-measure to impose, particularly taking into account the nature and severity of the ./Alston__S_-_Web_Decision.pdf-behaviour in this case. ./Alston__S_-_Web_Decision.pdf- ./Alston__S_-_Web_Decision.pdf-The panel considered that there was no evidence that the teacher’s actions were not ./Alston__S_-_Web_Decision.pdf-deliberate. There was no evidence to suggest that the teacher was acting under duress, ./Alston__S_-_Web_Decision.pdf-and in fact the panel found the teacher’s actions to be calculated and motivated. -- ./Alston__S_-_Web_Decision.pdf- ./Alston__S_-_Web_Decision.pdf-The panel went on to consider whether or not it would be appropriate to recommend that ./Alston__S_-_Web_Decision.pdf-a review period of the order should be considered. The panel was mindful that the Advice ./Alston__S_-_Web_Decision.pdf-advises that a prohibition order applies for life, but there may be circumstances in any ./Alston__S_-_Web_Decision.pdf-given case that may make it appropriate to allow a teacher to apply to have the ./Alston__S_-_Web_Decision.pdf-prohibition order reviewed after a specified period of time that may not be less than 2 ./Alston__S_-_Web_Decision.pdf-years. ./Alston__S_-_Web_Decision.pdf- ./Alston__S_-_Web_Decision.pdf-The Advice indicates that there are behaviours that, if proven, would militate against a ./Alston__S_-_Web_Decision.pdf-review period being recommended. These behaviours include serious dishonesty and ./Alston__S_-_Web_Decision.pdf:serious sexual misconduct, e.g. where the act was sexually motivated and resulted in or ./Alston__S_-_Web_Decision.pdf-had the potential to result in, harm to a person or persons, particularly where the ./Alston__S_-_Web_Decision.pdf-individual has used their professional position to influence or exploit a person or persons ./Alston__S_-_Web_Decision.pdf-The panel has found that Mr Alston repeatedly abused his position of trust in pursuing ./Alston__S_-_Web_Decision.pdf-relationships with pupils, former pupils and young people with whom he held a position of ./Alston__S_-_Web_Decision.pdf-trust, that he lied about these relationships, and that he was dishonest in applying for two ./Alston__S_-_Web_Decision.pdf-separate jobs within schools. The panel was concerned that Mr Alston had already been ./Alston__S_-_Web_Decision.pdf-subject to disciplinary warning in relation to a child protection concern and had failed to ./Alston__S_-_Web_Decision.pdf-declare this on a job application. ./Alston__S_-_Web_Decision.pdf- ./Alston__S_-_Web_Decision.pdf-The panel felt the findings indicated a situation in which a review period would not be -- ./Alston__S_-_Web_Decision.pdf- at all times observing proper boundaries appropriate to a teacher’s ./Alston__S_-_Web_Decision.pdf- professional position; ./Alston__S_-_Web_Decision.pdf- o having regard for the need to safeguard pupils’ well-being, in accordance with ./Alston__S_-_Web_Decision.pdf- statutory provisions; ./Alston__S_-_Web_Decision.pdf-  Teachers must have proper and professional regard for the ethos, policies and ./Alston__S_-_Web_Decision.pdf- practices of the school in which they teach ./Alston__S_-_Web_Decision.pdf-  Teachers must have an understanding of, and always act within, the statutory ./Alston__S_-_Web_Decision.pdf- frameworks which set out their professional duties and responsibilities. ./Alston__S_-_Web_Decision.pdf-In this particular case, the panel has also considered whether Mr Alston’s conduct ./Alston__S_-_Web_Decision.pdf-displayed behaviours associated with any of the offences listed on pages 8 and 9 of the ./Alston__S_-_Web_Decision.pdf:Advice and has found that the offences of serious dishonesty and sexual activity are ./Alston__S_-_Web_Decision.pdf-relevant. ./Alston__S_-_Web_Decision.pdf- ./Alston__S_-_Web_Decision.pdf-The panel finds that the conduct of Mr Alston fell significantly short of the standards ./Alston__S_-_Web_Decision.pdf-expected of the profession. ./Alston__S_-_Web_Decision.pdf- ./Alston__S_-_Web_Decision.pdf-The findings of misconduct are particularly serious as they include findings of both ./Alston__S_-_Web_Decision.pdf:dishonesty and also sexual activity. ./Alston__S_-_Web_Decision.pdf- ./Alston__S_-_Web_Decision.pdf-I have to determine whether the imposition of a prohibition order is proportionate and in ./Alston__S_-_Web_Decision.pdf-the public interest. In considering that for this case I have considered the overall aim of a ./Alston__S_-_Web_Decision.pdf-prohibition order which is to protect pupils and to maintain public confidence in the ./Alston__S_-_Web_Decision.pdf-profession. I have considered the extent to which a prohibition order in this case would ./Alston__S_-_Web_Decision.pdf-achieve that aim taking into account the impact that it will have on the individual teacher. ./Alston__S_-_Web_Decision.pdf-I have also asked myself whether or not a less intrusive measure, such as the published ./Alston__S_-_Web_Decision.pdf-finding of unacceptable professional conduct and conduct that may bring the profession ./Alston__S_-_Web_Decision.pdf-into disrepute, would itself be sufficient to achieve the overall aim. I have to consider ./Alston__S_-_Web_Decision.pdf-whether the consequences of such a publication are themselves sufficient. I have -- ./Alston__S_-_Web_Decision.pdf-panel sets out as follows, “Mr Alston’s lack of insight into his behaviour”. In my judgement ./Alston__S_-_Web_Decision.pdf-the lack of insight means that there is some risk of the repetition of this behaviour and ./Alston__S_-_Web_Decision.pdf-this risks the future well being of pupils. I have therefore given this element considerable ./Alston__S_-_Web_Decision.pdf-weight in reaching my decision. ./Alston__S_-_Web_Decision.pdf- ./Alston__S_-_Web_Decision.pdf-I have gone on to consider the extent to which a prohibition order would maintain public ./Alston__S_-_Web_Decision.pdf-confidence in the profession. The panel observe, “the uniquely influential role that ./Alston__S_-_Web_Decision.pdf-teachers can hold in pupils’ lives and that pupils must be able to view teachers as role ./Alston__S_-_Web_Decision.pdf-models in the way they behave.” ./Alston__S_-_Web_Decision.pdf- ./Alston__S_-_Web_Decision.pdf:I am particularly mindful of the findings of both dishonesty and sexual activity in this case ./Alston__S_-_Web_Decision.pdf-and the impact that such a finding has on the reputation of the profession. The panel say, ./Alston__S_-_Web_Decision.pdf-“Mr Alston repeatedly abused his position of trust in pursuing relationships with pupils, ./Alston__S_-_Web_Decision.pdf-former pupils and young people with whom he held a position of trust, that he lied about ./Alston__S_-_Web_Decision.pdf-these relationships, and that he was dishonest in applying for two separate jobs within ./Alston__S_-_Web_Decision.pdf-schools. The panel was concerned that Mr Alston had already been subject to ./Alston__S_-_Web_Decision.pdf-disciplinary warning in relation to a child protection concern and had failed to declare this ./Alston__S_-_Web_Decision.pdf-on a job application.” ./Alston__S_-_Web_Decision.pdf- ./Alston__S_-_Web_Decision.pdf-I have had to consider that the public has a high expectation of professional standards of ./Alston__S_-_Web_Decision.pdf-all teachers and that failure to impose a prohibition order might be regarded by the public -- ./Alston__S_-_Web_Decision.pdf:dishonesty and serious sexual misconduct, e.g. where the act was sexually motivated ./Alston__S_-_Web_Decision.pdf-and resulted in or had the potential to result in, harm to a person or persons, particularly ./Alston__S_-_Web_Decision.pdf-where the individual has used their professional position to influence or exploit a person ./Alston__S_-_Web_Decision.pdf-or persons.” ./Alston__S_-_Web_Decision.pdf- ./Alston__S_-_Web_Decision.pdf-I have given less weight in my consideration of sanction therefore, to the contribution that ./Alston__S_-_Web_Decision.pdf-Mr Alston has made to the profession. In my view it is necessary to impose a prohibition ./Alston__S_-_Web_Decision.pdf-order in order to maintain public confidence in the profession. A published decision that is ./Alston__S_-_Web_Decision.pdf-not backed up by remorse or insight does not in my view satisfy the public interest ./Alston__S_-_Web_Decision.pdf-requirement concerning public confidence in the profession. ./Alston__S_-_Web_Decision.pdf- -- ./Alston__S_-_Web_Decision.pdf- ./Alston__S_-_Web_Decision.pdf-I have considered the panel’s comments “Mr Alston repeatedly abused his position of ./Alston__S_-_Web_Decision.pdf-trust in pursuing relationships with pupils, former pupils and young people with whom he ./Alston__S_-_Web_Decision.pdf-held a position of trust, that he lied about these relationships, and that he was dishonest ./Alston__S_-_Web_Decision.pdf-in applying for two separate jobs within schools.” ./Alston__S_-_Web_Decision.pdf- ./Alston__S_-_Web_Decision.pdf-I have considered whether allowing for no review period reflects the seriousness of the ./Alston__S_-_Web_Decision.pdf-findings and is a proportionate period to achieve the aim of maintaining public confidence ./Alston__S_-_Web_Decision.pdf-in the profession. In this case, there are three factors that in my view mean that allowing ./Alston__S_-_Web_Decision.pdf-for no review period is proportionate and in the public interest. These elements are the ./Alston__S_-_Web_Decision.pdf:serious dishonesty, the sexual misconduct and the lack of insight or remorse. ./Alston__S_-_Web_Decision.pdf- ./Alston__S_-_Web_Decision.pdf-I consider therefore that allowing for no review period is required to satisfy the ./Alston__S_-_Web_Decision.pdf-maintenance of public confidence in the profession. ./Alston__S_-_Web_Decision.pdf- ./Alston__S_-_Web_Decision.pdf-This means that Mr Stuart Alston is prohibited from teaching indefinitely and ./Alston__S_-_Web_Decision.pdf-cannot teach in any school, sixth form college, relevant youth accommodation or ./Alston__S_-_Web_Decision.pdf-children’s home in England. Furthermore, in view of the seriousness of the allegations ./Alston__S_-_Web_Decision.pdf-found proved against him, I have decided that Mr Stuart Alston shall not be entitled to ./Alston__S_-_Web_Decision.pdf-apply for restoration of his eligibility to teach. ./Alston__S_-_Web_Decision.pdf- ./Ariss__R_14223_Web_decision.pdf-B. Allegations ./Ariss__R_14223_Web_decision.pdf-The panel considered the allegations set out in the Notice of Meeting dated 19 ./Ariss__R_14223_Web_decision.pdf-September 2016. ./Ariss__R_14223_Web_decision.pdf- ./Ariss__R_14223_Web_decision.pdf-It was alleged that Mr Richard Ariss was guilty of having been convicted of a relevant ./Ariss__R_14223_Web_decision.pdf-offence, in that: ./Ariss__R_14223_Web_decision.pdf- ./Ariss__R_14223_Web_decision.pdf- 1. On 12 February 2016 at Exeter Crown Court, he was upon his own ./Ariss__R_14223_Web_decision.pdf- confession, convicted on indictment of: ./Ariss__R_14223_Web_decision.pdf- ./Ariss__R_14223_Web_decision.pdf:  one count of causing or inciting a child under 16 to engage in sexual ./Ariss__R_14223_Web_decision.pdf- activity – no penetration contrary to section 10 of the Sexual Offences ./Ariss__R_14223_Web_decision.pdf- Act 2003; ./Ariss__R_14223_Web_decision.pdf- ./Ariss__R_14223_Web_decision.pdf-  two counts of causing or inciting a girl aged between 13 to 15 to engage ./Ariss__R_14223_Web_decision.pdf: in sexual activity, where the offender is over the age of 18, contrary to ./Ariss__R_14223_Web_decision.pdf- section 10 of the Sexual Offences Act 2003. ./Ariss__R_14223_Web_decision.pdf- ./Ariss__R_14223_Web_decision.pdf-In the agreed Statement of Agreed Facts dated 1 July 2016 (pages 12 – 14), Mr Richard ./Ariss__R_14223_Web_decision.pdf-Ariss admitted the facts of the allegations and that the conviction amounted to a relevant ./Ariss__R_14223_Web_decision.pdf-offence for the purpose of proceedings before the National College. ./Ariss__R_14223_Web_decision.pdf- ./Ariss__R_14223_Web_decision.pdf- ./Ariss__R_14223_Web_decision.pdf-C. Preliminary applications ./Ariss__R_14223_Web_decision.pdf-Tony Heath and Gill Tomlinson noted that they had started to deal with this matter before ./Ariss__R_14223_Web_decision.pdf-but have not previously discussed or decided upon the merits of the case as a member of ./Ariss__R_14223_Web_decision.pdf-the initial panel declared a conflict resulting in the meeting being adjourned until today. ./Ariss__R_14223_Web_decision.pdf- ./Ariss__R_14223_Web_decision.pdf-An application was made on paper by the presenting officer on behalf of the National ./Ariss__R_14223_Web_decision.pdf-College. The representations on behalf of the presenting officer were signed and dated ./Ariss__R_14223_Web_decision.pdf-20 October 2016. The application was to amend the allegations as set out in the Notice ./Ariss__R_14223_Web_decision.pdf-of Meeting dated 19 September 2016 as a typographical error refers to Mr Ariss having ./Ariss__R_14223_Web_decision.pdf:been convicted of an offence under section 70 of the Sexual Offences Act 2003 (sexual ./Ariss__R_14223_Web_decision.pdf:penetration of a corpse), rather than section 10 (causing or inciting a child into sexual ./Ariss__R_14223_Web_decision.pdf-activity). ./Ariss__R_14223_Web_decision.pdf- ./Ariss__R_14223_Web_decision.pdf-The panel noted that the Statement of Agreed Facts as signed by Mr Ariss (pages 12-14) ./Ariss__R_14223_Web_decision.pdf-and the Certificate of Conviction (page 20) both refer to the offence of causing or inciting ./Ariss__R_14223_Web_decision.pdf:a child to engage in sexual activity (and the Statement of Agreed Facts specifically refers ./Ariss__R_14223_Web_decision.pdf-to section 10 of the Sexual Offences Act). ./Ariss__R_14223_Web_decision.pdf- ./Ariss__R_14223_Web_decision.pdf-On the basis of this evidence, the panel was satisfied that the reference to section 70 of ./Ariss__R_14223_Web_decision.pdf-the Sexual Offences Act was a typographical error and the allegations should be ./Ariss__R_14223_Web_decision.pdf-amended where necessary to refer to section 10 of the Sexual Offences Act. The panel ./Ariss__R_14223_Web_decision.pdf- ./Ariss__R_14223_Web_decision.pdf- ./Ariss__R_14223_Web_decision.pdf- 4 ./Ariss__R_14223_Web_decision.pdf- -- ./Ariss__R_14223_Web_decision.pdf-hearing. ./Ariss__R_14223_Web_decision.pdf- ./Ariss__R_14223_Web_decision.pdf-Mr Ariss qualified as a teacher in July 2010 and was employed as a mathematics teacher ./Ariss__R_14223_Web_decision.pdf-at the school from July 2010 to May 2014. On 1 June 2014 Mr Ariss began employment ./Ariss__R_14223_Web_decision.pdf-as a teacher of mathematics at Westlands School. ./Ariss__R_14223_Web_decision.pdf- ./Ariss__R_14223_Web_decision.pdf-Between June 2014 and September 2014 Mr Ariss engaged in an inappropriate ./Ariss__R_14223_Web_decision.pdf-relationship with Pupil A. ./Ariss__R_14223_Web_decision.pdf- ./Ariss__R_14223_Web_decision.pdf-On 12 February 2016, upon his own confession, Mr Ariss was convicted on indictment of ./Ariss__R_14223_Web_decision.pdf:one count of causing or inciting child under 16 to engage in sexual activity – no ./Ariss__R_14223_Web_decision.pdf-penetration; and two counts of causing or inciting a female child aged 13-15 to engage in ./Ariss__R_14223_Web_decision.pdf:sexual activity contrary to section 10 of the Sexual Offences Act 2003. ./Ariss__R_14223_Web_decision.pdf- ./Ariss__R_14223_Web_decision.pdf-Findings of fact ./Ariss__R_14223_Web_decision.pdf-Our findings of fact are as follows: ./Ariss__R_14223_Web_decision.pdf- ./Ariss__R_14223_Web_decision.pdf-We have found the following particulars of the allegations against you proved, for these ./Ariss__R_14223_Web_decision.pdf-reasons: ./Ariss__R_14223_Web_decision.pdf- ./Ariss__R_14223_Web_decision.pdf- 1. On 12 February 2016 at Exeter Crown Court, you were upon your own ./Ariss__R_14223_Web_decision.pdf- confession, convicted on indictment of: ./Ariss__R_14223_Web_decision.pdf- ./Ariss__R_14223_Web_decision.pdf:  one count of causing or inciting a child under 16 to engage in sexual ./Ariss__R_14223_Web_decision.pdf- activity – no penetration contrary to section 10 of the Sexual Offences ./Ariss__R_14223_Web_decision.pdf- Act 2003; ./Ariss__R_14223_Web_decision.pdf- ./Ariss__R_14223_Web_decision.pdf-  two counts of causing or inciting a girl aged between 13 to 15 to engage ./Ariss__R_14223_Web_decision.pdf: in sexual activity, where the offender is over the age of 18, contrary to ./Ariss__R_14223_Web_decision.pdf- section 10 of the Sexual Offences Act 2003. ./Ariss__R_14223_Web_decision.pdf- ./Ariss__R_14223_Web_decision.pdf-Mr Ariss admits these allegations in the Statement of Agreed Facts dated 1 July 2016 ./Ariss__R_14223_Web_decision.pdf-(page 12-14). ./Ariss__R_14223_Web_decision.pdf- ./Ariss__R_14223_Web_decision.pdf-The panel has seen the Certificate of Conviction dated 12 February 2016, which confirms ./Ariss__R_14223_Web_decision.pdf-that Mr Ariss was convicted of: (1) one count of causing or inciting a female child under ./Ariss__R_14223_Web_decision.pdf:16 to engage in sexual activity – no penetration; and (2) two counts of causing or inciting ./Ariss__R_14223_Web_decision.pdf:a girl aged 13-15 to engage in sexual activity (page 20). ./Ariss__R_14223_Web_decision.pdf- ./Ariss__R_14223_Web_decision.pdf- ./Ariss__R_14223_Web_decision.pdf- ./Ariss__R_14223_Web_decision.pdf- 6 ./Ariss__R_14223_Web_decision.pdf- -- ./Ariss__R_14223_Web_decision.pdf- ./Ariss__R_14223_Web_decision.pdf-The panel has also taken account of how the teaching profession is viewed by others. ./Ariss__R_14223_Web_decision.pdf-The panel considered that Mr Ariss’ behaviour in committing the offence could affect the ./Ariss__R_14223_Web_decision.pdf-public confidence in the teaching profession given the influence that teachers may have ./Ariss__R_14223_Web_decision.pdf-on pupils, parents and others in the community. ./Ariss__R_14223_Web_decision.pdf- ./Ariss__R_14223_Web_decision.pdf-The panel has noted that Mr Ariss’ behaviour has ultimately led to him receiving a ./Ariss__R_14223_Web_decision.pdf-sentence of imprisonment which is indicative of the seriousness of the offences ./Ariss__R_14223_Web_decision.pdf-committed. ./Ariss__R_14223_Web_decision.pdf- ./Ariss__R_14223_Web_decision.pdf:This is a case in respect of an offence involving sexual activity, which the document ./Ariss__R_14223_Web_decision.pdf-Teacher Misconduct: The Prohibition of Teachers “the Advice” states is likely to be ./Ariss__R_14223_Web_decision.pdf-considered a relevant offence. ./Ariss__R_14223_Web_decision.pdf- ./Ariss__R_14223_Web_decision.pdf-The panel has taken into account the fact that Mr Ariss was of previous good character. ./Ariss__R_14223_Web_decision.pdf- ./Ariss__R_14223_Web_decision.pdf- ./Ariss__R_14223_Web_decision.pdf- ./Ariss__R_14223_Web_decision.pdf- 7 ./Ariss__R_14223_Web_decision.pdf- -- ./Ariss__R_14223_Web_decision.pdf-In considering whether to recommend to the Secretary of State that a prohibition order ./Ariss__R_14223_Web_decision.pdf-should be made, the panel has to consider whether it is an appropriate and proportionate ./Ariss__R_14223_Web_decision.pdf-measure, and whether it is in the public interest to do so. Prohibition orders should not be ./Ariss__R_14223_Web_decision.pdf-given in order to be punitive, or to show that blame has been apportioned, although they ./Ariss__R_14223_Web_decision.pdf-are likely to have punitive effect. The panel has considered the particular public interest ./Ariss__R_14223_Web_decision.pdf-considerations set out in the Advice and having done so has found a number of them to ./Ariss__R_14223_Web_decision.pdf-be relevant in this case, namely: the protection of pupils, the maintenance of public ./Ariss__R_14223_Web_decision.pdf-confidence in the profession, and declaring and upholding proper standards of conduct. ./Ariss__R_14223_Web_decision.pdf- ./Ariss__R_14223_Web_decision.pdf-In light of the panel’s findings against Mr Ariss, which involved causing or inciting a child ./Ariss__R_14223_Web_decision.pdf:to engage in sexual activity, there is a strong public interest consideration in respect of ./Ariss__R_14223_Web_decision.pdf-the protection of pupils given the serious findings of an inappropriate relationship with a ./Ariss__R_14223_Web_decision.pdf-child. ./Ariss__R_14223_Web_decision.pdf- ./Ariss__R_14223_Web_decision.pdf-Similarly, the panel considers that public confidence in the profession could be seriously ./Ariss__R_14223_Web_decision.pdf-weakened if conduct such as that found against Mr Ariss were not treated with the utmost ./Ariss__R_14223_Web_decision.pdf-seriousness when regulating the conduct of the profession. ./Ariss__R_14223_Web_decision.pdf- ./Ariss__R_14223_Web_decision.pdf-The panel considered that a strong public interest consideration in declaring proper ./Ariss__R_14223_Web_decision.pdf-standards of conduct in the profession was also present as the conduct found against Mr ./Ariss__R_14223_Web_decision.pdf-Ariss was outside that which could reasonably be tolerated. -- ./Ariss__R_14223_Web_decision.pdf-  Serious departure from the personal and professional conduct elements of the ./Ariss__R_14223_Web_decision.pdf- Teachers’ Standards; ./Ariss__R_14223_Web_decision.pdf- ./Ariss__R_14223_Web_decision.pdf-  Misconduct seriously affecting the education and/or well-being of pupils, and ./Ariss__R_14223_Web_decision.pdf- particularly where there is a continuing risk; ./Ariss__R_14223_Web_decision.pdf-  Abuse of position or trust (particularly involving vulnerable pupils) or violation of ./Ariss__R_14223_Web_decision.pdf- the rights of pupils; ./Ariss__R_14223_Web_decision.pdf:  Sexual misconduct, e.g. involving actions that were sexually motivated or of a ./Ariss__R_14223_Web_decision.pdf: sexual nature and/or that use or exploit the trust, knowledge or influence derived ./Ariss__R_14223_Web_decision.pdf- from the individual’s professional position; and ./Ariss__R_14223_Web_decision.pdf-  The commission of a serious criminal offence, including those that resulted in a ./Ariss__R_14223_Web_decision.pdf- conviction or caution, paying particular attention to offences that are ‘relevant ./Ariss__R_14223_Web_decision.pdf- matters’ for the purposes of The Police Act 1997 and criminal record disclosures. ./Ariss__R_14223_Web_decision.pdf-Even though there were behaviours that would point to a prohibition order being ./Ariss__R_14223_Web_decision.pdf-appropriate, the panel went on to consider whether or not there were sufficient mitigating ./Ariss__R_14223_Web_decision.pdf-factors to militate against a prohibition order being an appropriate and proportionate ./Ariss__R_14223_Web_decision.pdf-measure to impose, particularly taking into account the nature and severity of the ./Ariss__R_14223_Web_decision.pdf-behaviour in this case. There was no evidence to suggest that the teacher was acting ./Ariss__R_14223_Web_decision.pdf-under duress, and in fact the panel found the teacher’s actions to be deliberate, -- ./Ariss__R_14223_Web_decision.pdf- ./Ariss__R_14223_Web_decision.pdf-The panel is of the view that prohibition is both proportionate and appropriate. The panel ./Ariss__R_14223_Web_decision.pdf-has decided that the public interest considerations outweigh the interests of Mr Ariss. In ./Ariss__R_14223_Web_decision.pdf-reaching this opinion, the following points were significant factors: ./Ariss__R_14223_Web_decision.pdf- ./Ariss__R_14223_Web_decision.pdf-  The panel noted, and agreed with the comments of the Judge at Mr Ariss’ trial, ./Ariss__R_14223_Web_decision.pdf- that his actions were “planned and premeditated” and it was “a classic case of ./Ariss__R_14223_Web_decision.pdf- what is called ‘grooming’” (pages 21-24); ./Ariss__R_14223_Web_decision.pdf-  The panel also noted that the Judge at Mr Ariss’ trial concluded that, had the ./Ariss__R_14223_Web_decision.pdf- relationship between Mr Ariss and Pupil A continued, there would have been ./Ariss__R_14223_Web_decision.pdf: sexual contact (pages 22-23); ./Ariss__R_14223_Web_decision.pdf-  The panel also agree with the Judge at Mr Ariss’ trial that there had been a ./Ariss__R_14223_Web_decision.pdf- significant breach of trust with regards to Pupil A. The panel also noted that this ./Ariss__R_14223_Web_decision.pdf- breach of trust is likely to have gone further and impacted upon the relationship ./Ariss__R_14223_Web_decision.pdf- and trust between Pupil A’s parents and the schools at which Mr Ariss had taught; ./Ariss__R_14223_Web_decision.pdf-  Mr Ariss had a blatant disregard for safeguarding policies that would have been in ./Ariss__R_14223_Web_decision.pdf- place at the schools in which he taught and which he would have been aware of; ./Ariss__R_14223_Web_decision.pdf-  Pupil A was a vulnerable 14-year-old student (Mr Ariss was 28 at the time of the ./Ariss__R_14223_Web_decision.pdf- relationship). Even to the extent that Mr Ariss did not know this before he started ./Ariss__R_14223_Web_decision.pdf- tutoring her, this would have become clear to him very shortly thereafter. His ./Ariss__R_14223_Web_decision.pdf- actions took advantage of this vulnerability; -- ./Ariss__R_14223_Web_decision.pdf-  The actions of Mr Ariss clearly had a very significant impact on Pupil A (who was ./Ariss__R_14223_Web_decision.pdf- already vulnerable), in that she tried to take her own life shortly after these matters ./Ariss__R_14223_Web_decision.pdf- came to a conclusion (page 23); ./Ariss__R_14223_Web_decision.pdf:  Mr Ariss admits to sending sexually explicit communications to Pupil A, which ./Ariss__R_14223_Web_decision.pdf- would never be appropriate or acceptable in this situation (page 60); ./Ariss__R_14223_Web_decision.pdf-  The panel was particularly concerned that, once he started to be investigated, Mr ./Ariss__R_14223_Web_decision.pdf- Ariss asked Pupil A to delete text messages and then to create a “back-up” story ./Ariss__R_14223_Web_decision.pdf- (page 61); ./Ariss__R_14223_Web_decision.pdf-  Throughout the various investigations, hearings and the trial, Mr Ariss, for the most ./Ariss__R_14223_Web_decision.pdf- part, still seems to be focussing on himself and the impact that his actions have ./Ariss__R_14223_Web_decision.pdf- had on him. The panel note that in his letter of mitigation dated 7 July 2016 and ./Ariss__R_14223_Web_decision.pdf- sent from prison, he states that he had been advised by his barrister and solicitors ./Ariss__R_14223_Web_decision.pdf- that, if the situation had been different, he could have sued Pupil A for ./Ariss__R_14223_Web_decision.pdf- harassment. The panel commented that specifically referring to this point -- ./Ariss__R_14223_Web_decision.pdf- mistake”. ./Ariss__R_14223_Web_decision.pdf-Accordingly, the panel makes a recommendation to the Secretary of State that a ./Ariss__R_14223_Web_decision.pdf-prohibition order should be imposed with immediate effect. The panel went on to consider ./Ariss__R_14223_Web_decision.pdf-whether or not it would be appropriate for them to decide to recommend that a review ./Ariss__R_14223_Web_decision.pdf-period of the order should be considered. The panel were mindful that the Advice advises ./Ariss__R_14223_Web_decision.pdf-that a prohibition order applies for life, but there may be circumstances in any given case ./Ariss__R_14223_Web_decision.pdf-that may make it appropriate to allow a teacher to apply to have the prohibition order ./Ariss__R_14223_Web_decision.pdf-reviewed after a specified period of time that may not be less than 2 years. ./Ariss__R_14223_Web_decision.pdf- ./Ariss__R_14223_Web_decision.pdf-The Advice indicates that there are behaviours that, if proven, would militate against a ./Ariss__R_14223_Web_decision.pdf:review period being recommended. One of these behaviours is serious sexual ./Ariss__R_14223_Web_decision.pdf:misconduct, e.g. where the act was sexually motivated and resulted in or had the ./Ariss__R_14223_Web_decision.pdf-potential to result in, harm to a person or persons, particularly where the individual has ./Ariss__R_14223_Web_decision.pdf-used their professional position to influence or exploit a person or persons. The panel ./Ariss__R_14223_Web_decision.pdf:has found that Mr Ariss was responsible for causing or inciting sexual activity with a child, ./Ariss__R_14223_Web_decision.pdf:which it considers to be serious sexual misconduct. ./Ariss__R_14223_Web_decision.pdf- ./Ariss__R_14223_Web_decision.pdf-As stated above, the panel is not persuaded that Mr Ariss has shown sufficient insight ./Ariss__R_14223_Web_decision.pdf-into his actions, although it is noted that Mr Ariss accepts that he has made a “huge ./Ariss__R_14223_Web_decision.pdf-mistake.” ./Ariss__R_14223_Web_decision.pdf- ./Ariss__R_14223_Web_decision.pdf-The panel felt the findings indicated a situation in which a review period would not be ./Ariss__R_14223_Web_decision.pdf-appropriate and as such decided that it would be proportionate in all the circumstances ./Ariss__R_14223_Web_decision.pdf-for the prohibition order to be recommended without provisions for a review period. ./Ariss__R_14223_Web_decision.pdf- ./Ariss__R_14223_Web_decision.pdf- -- ./Ariss__R_14223_Web_decision.pdf-Decision and reasons on behalf of the Secretary of State ./Ariss__R_14223_Web_decision.pdf-I have given very careful consideration to this case and to the recommendations made by ./Ariss__R_14223_Web_decision.pdf-the panel both in respect of sanction and review. ./Ariss__R_14223_Web_decision.pdf- ./Ariss__R_14223_Web_decision.pdf-Mr Ariss has been found guilty of a relevant offence. The panel has seen the Certificate ./Ariss__R_14223_Web_decision.pdf-of Conviction dated 12 February 2016, which confirms that Mr Ariss was convicted of: (1) ./Ariss__R_14223_Web_decision.pdf:one count of causing or inciting a female child under 16 to engage in sexual activity – no ./Ariss__R_14223_Web_decision.pdf-penetration; and (2) two counts of causing or inciting a girl aged 13-15 to engage in ./Ariss__R_14223_Web_decision.pdf:sexual activity (page 20). ./Ariss__R_14223_Web_decision.pdf- ./Ariss__R_14223_Web_decision.pdf-I have noted that the panel has made reference to part two of the advice published by the ./Ariss__R_14223_Web_decision.pdf-Secretary of State, and they found Mr Ariss in breach of the following standards: ./Ariss__R_14223_Web_decision.pdf- ./Ariss__R_14223_Web_decision.pdf-  Teachers uphold public trust in the profession and maintain high standards of ./Ariss__R_14223_Web_decision.pdf- ethics and behaviour, within and outside school, by ./Ariss__R_14223_Web_decision.pdf- o treating pupils with dignity, building relationships rooted in mutual respect, and ./Ariss__R_14223_Web_decision.pdf- at all times observing proper boundaries appropriate to a teacher’s ./Ariss__R_14223_Web_decision.pdf- professional position; and ./Ariss__R_14223_Web_decision.pdf- o having regard for the need to safeguard pupils’ well-being, in accordance with -- ./Ariss__R_14223_Web_decision.pdf- frameworks which set out their professional duties and responsibilities. ./Ariss__R_14223_Web_decision.pdf-The panel is satisfied that the conduct of Mr Ariss fell significantly short of the standards ./Ariss__R_14223_Web_decision.pdf-expected of the profession. ./Ariss__R_14223_Web_decision.pdf- ./Ariss__R_14223_Web_decision.pdf-The panel has considered the particular public interest considerations set out in the ./Ariss__R_14223_Web_decision.pdf-Advice and having done so has found a number of them to be relevant in this case, ./Ariss__R_14223_Web_decision.pdf-namely: the protection of pupils, the maintenance of public confidence in the profession, ./Ariss__R_14223_Web_decision.pdf-and declaring and upholding proper standards of conduct. I agree with the panel’s view. ./Ariss__R_14223_Web_decision.pdf- ./Ariss__R_14223_Web_decision.pdf-In light of the panel’s findings against Mr Ariss, which involved causing or inciting a child ./Ariss__R_14223_Web_decision.pdf:to engage in sexual activity, there is a strong public interest consideration in respect of ./Ariss__R_14223_Web_decision.pdf-the protection of pupils given the serious findings of an inappropriate relationship with a ./Ariss__R_14223_Web_decision.pdf-child. ./Ariss__R_14223_Web_decision.pdf- ./Ariss__R_14223_Web_decision.pdf-I note that the panel concluded that there was no evidence to suggest that the teacher ./Ariss__R_14223_Web_decision.pdf-was acting under duress, and in fact the panel found the teacher’s actions to be ./Ariss__R_14223_Web_decision.pdf-deliberate, calculated and premeditated. ./Ariss__R_14223_Web_decision.pdf- ./Ariss__R_14223_Web_decision.pdf- ./Ariss__R_14223_Web_decision.pdf- ./Ariss__R_14223_Web_decision.pdf- 11 -- ./Ariss__R_14223_Web_decision.pdf- ./Ariss__R_14223_Web_decision.pdf-The panel has decided that the public interest considerations outweigh the interests of Mr ./Ariss__R_14223_Web_decision.pdf-Ariss. I agree with that view. For the reasons set out above, I support the ./Ariss__R_14223_Web_decision.pdf-recommendation of the panel that Mr Ariss be prohibited from teaching. ./Ariss__R_14223_Web_decision.pdf- ./Ariss__R_14223_Web_decision.pdf-I now turn to the matter of a review period. I have taken into account the Advice. Once ./Ariss__R_14223_Web_decision.pdf-again I have weighed the public interest and the interests of Mr Ariss, and have taken ./Ariss__R_14223_Web_decision.pdf-into account the need to be proportionate. ./Ariss__R_14223_Web_decision.pdf- ./Ariss__R_14223_Web_decision.pdf-The Advice indicates that there are behaviours that, if proven, would militate against a ./Ariss__R_14223_Web_decision.pdf:review period being recommended. One of these behaviours is serious sexual ./Ariss__R_14223_Web_decision.pdf:misconduct, e.g. where the act was sexually motivated and resulted in or had the ./Ariss__R_14223_Web_decision.pdf-potential to result in, harm to a person or persons, particularly where the individual has ./Ariss__R_14223_Web_decision.pdf-used their professional position to influence or exploit a person or persons. The panel ./Ariss__R_14223_Web_decision.pdf:has found that Mr Ariss was responsible for causing or inciting sexual activity with a child, ./Ariss__R_14223_Web_decision.pdf:which it considers to be serious sexual misconduct. ./Ariss__R_14223_Web_decision.pdf- ./Ariss__R_14223_Web_decision.pdf-I note the panel is not persuaded that Mr Ariss has shown sufficient insight into his ./Ariss__R_14223_Web_decision.pdf-actions. The panel felt the findings indicated a situation in which a review period would ./Ariss__R_14223_Web_decision.pdf-not be appropriate and as such decided that it would be proportionate in all the ./Ariss__R_14223_Web_decision.pdf-circumstances for the prohibition order to be recommended without provisions for a ./Ariss__R_14223_Web_decision.pdf-review period. ./Ariss__R_14223_Web_decision.pdf- ./Ariss__R_14223_Web_decision.pdf-Mr Ariss’ behaviour has ultimately led to him receiving a sentence of imprisonment which ./Ariss__R_14223_Web_decision.pdf-is indicative of the seriousness of the offences committed. ./Ariss__R_14223_Web_decision.pdf- ./Artunduaga_-Felix_Anibal_Castrillon_SoS_Decision-_REDACTED__for_WEB.pdf- ./Artunduaga_-Felix_Anibal_Castrillon_SoS_Decision-_REDACTED__for_WEB.pdf- i. 'Will you give me a moment once you're 18?' ./Artunduaga_-Felix_Anibal_Castrillon_SoS_Decision-_REDACTED__for_WEB.pdf- ./Artunduaga_-Felix_Anibal_Castrillon_SoS_Decision-_REDACTED__for_WEB.pdf- ii. 'I might explain myself once you're 18, that way we'll talk openly' ./Artunduaga_-Felix_Anibal_Castrillon_SoS_Decision-_REDACTED__for_WEB.pdf- ./Artunduaga_-Felix_Anibal_Castrillon_SoS_Decision-_REDACTED__for_WEB.pdf- iii. 'By legal reasons I can't' ./Artunduaga_-Felix_Anibal_Castrillon_SoS_Decision-_REDACTED__for_WEB.pdf- ./Artunduaga_-Felix_Anibal_Castrillon_SoS_Decision-_REDACTED__for_WEB.pdf- 3. He engaged in conduct as may be found proved in 2.b above when he knew or ./Artunduaga_-Felix_Anibal_Castrillon_SoS_Decision-_REDACTED__for_WEB.pdf- ought to have known that Child A was a vulnerable young person. ./Artunduaga_-Felix_Anibal_Castrillon_SoS_Decision-_REDACTED__for_WEB.pdf- ./Artunduaga_-Felix_Anibal_Castrillon_SoS_Decision-_REDACTED__for_WEB.pdf: 4. His conduct as may be found proven at 2.b above was of a sexual nature and/or ./Artunduaga_-Felix_Anibal_Castrillon_SoS_Decision-_REDACTED__for_WEB.pdf: sexually motivated. ./Artunduaga_-Felix_Anibal_Castrillon_SoS_Decision-_REDACTED__for_WEB.pdf- ./Artunduaga_-Felix_Anibal_Castrillon_SoS_Decision-_REDACTED__for_WEB.pdf-In his response to the Notice of Proceedings dated 25 November 2019, Mr Artunduaga ./Artunduaga_-Felix_Anibal_Castrillon_SoS_Decision-_REDACTED__for_WEB.pdf-indicated that he admitted the factual allegations. However, the panel noted that this was ./Artunduaga_-Felix_Anibal_Castrillon_SoS_Decision-_REDACTED__for_WEB.pdf-inconsistent with an earlier response in which he stated that some of the allegations were ./Artunduaga_-Felix_Anibal_Castrillon_SoS_Decision-_REDACTED__for_WEB.pdf-denied. As the panel was not satisfied that the admissions were clear and unequivocal, ./Artunduaga_-Felix_Anibal_Castrillon_SoS_Decision-_REDACTED__for_WEB.pdf-the panel treated the factual allegations as not admitted. ./Artunduaga_-Felix_Anibal_Castrillon_SoS_Decision-_REDACTED__for_WEB.pdf- ./Artunduaga_-Felix_Anibal_Castrillon_SoS_Decision-_REDACTED__for_WEB.pdf-Mr Artunduaga denied unacceptable professional conduct and conduct that may bring ./Artunduaga_-Felix_Anibal_Castrillon_SoS_Decision-_REDACTED__for_WEB.pdf-the profession into disrepute. ./Artunduaga_-Felix_Anibal_Castrillon_SoS_Decision-_REDACTED__for_WEB.pdf- -- ./Artunduaga_-Felix_Anibal_Castrillon_SoS_Decision-_REDACTED__for_WEB.pdf-[REDACTED]. ./Artunduaga_-Felix_Anibal_Castrillon_SoS_Decision-_REDACTED__for_WEB.pdf- ./Artunduaga_-Felix_Anibal_Castrillon_SoS_Decision-_REDACTED__for_WEB.pdf-After careful consideration of all of the evidence, the panel was not satisfied that Mr ./Artunduaga_-Felix_Anibal_Castrillon_SoS_Decision-_REDACTED__for_WEB.pdf-Artunduaga knew about Child A's particular vulnerability. The panel recognised that Mr ./Artunduaga_-Felix_Anibal_Castrillon_SoS_Decision-_REDACTED__for_WEB.pdf-Artunduaga may have suspected that Child A had issues. However, based on the ./Artunduaga_-Felix_Anibal_Castrillon_SoS_Decision-_REDACTED__for_WEB.pdf-evidence presented, the panel was not satisfied that he knew or ought to have known of ./Artunduaga_-Felix_Anibal_Castrillon_SoS_Decision-_REDACTED__for_WEB.pdf-her particular vulnerability. ./Artunduaga_-Felix_Anibal_Castrillon_SoS_Decision-_REDACTED__for_WEB.pdf- ./Artunduaga_-Felix_Anibal_Castrillon_SoS_Decision-_REDACTED__for_WEB.pdf-The panel found allegation 3 not proved. ./Artunduaga_-Felix_Anibal_Castrillon_SoS_Decision-_REDACTED__for_WEB.pdf- ./Artunduaga_-Felix_Anibal_Castrillon_SoS_Decision-_REDACTED__for_WEB.pdf: 4. Your conduct as may be found proven at 2.b above was of a sexual nature ./Artunduaga_-Felix_Anibal_Castrillon_SoS_Decision-_REDACTED__for_WEB.pdf: and/or sexually motivated. ./Artunduaga_-Felix_Anibal_Castrillon_SoS_Decision-_REDACTED__for_WEB.pdf- ./Artunduaga_-Felix_Anibal_Castrillon_SoS_Decision-_REDACTED__for_WEB.pdf-The panel first considered whether the conduct of Mr Artunduaga, as found proved in ./Artunduaga_-Felix_Anibal_Castrillon_SoS_Decision-_REDACTED__for_WEB.pdf:allegation 2.b, was of a sexual nature. The panel recognised that Child A said that she ./Artunduaga_-Felix_Anibal_Castrillon_SoS_Decision-_REDACTED__for_WEB.pdf-found the messages upsetting. Child A said that she briefly interacted with Mr ./Artunduaga_-Felix_Anibal_Castrillon_SoS_Decision-_REDACTED__for_WEB.pdf-Artunduaga in this exchange 'to try to work out what he meant' and she said that, 'I later ./Artunduaga_-Felix_Anibal_Castrillon_SoS_Decision-_REDACTED__for_WEB.pdf-discussed the messages with Witness A because they messed with my head a bit'. ./Artunduaga_-Felix_Anibal_Castrillon_SoS_Decision-_REDACTED__for_WEB.pdf- ./Artunduaga_-Felix_Anibal_Castrillon_SoS_Decision-_REDACTED__for_WEB.pdf:The panel noted that the language used was not overtly or explicitly sexual. The panel ./Artunduaga_-Felix_Anibal_Castrillon_SoS_Decision-_REDACTED__for_WEB.pdf:was not satisfied that the conduct of Mr Artunduaga was of a sexual nature. ./Artunduaga_-Felix_Anibal_Castrillon_SoS_Decision-_REDACTED__for_WEB.pdf- ./Artunduaga_-Felix_Anibal_Castrillon_SoS_Decision-_REDACTED__for_WEB.pdf-The panel then considered whether the conduct found proven in allegation 2.b was ./Artunduaga_-Felix_Anibal_Castrillon_SoS_Decision-_REDACTED__for_WEB.pdf:sexually motivated. In doing so, the panel had regard to the definition of 'sexual ./Artunduaga_-Felix_Anibal_Castrillon_SoS_Decision-_REDACTED__for_WEB.pdf-motivation' in Sait v GMC, namely: ./Artunduaga_-Felix_Anibal_Castrillon_SoS_Decision-_REDACTED__for_WEB.pdf- ./Artunduaga_-Felix_Anibal_Castrillon_SoS_Decision-_REDACTED__for_WEB.pdf:'A sexual motive means that the conduct was done either in pursuit of sexual gratification ./Artunduaga_-Felix_Anibal_Castrillon_SoS_Decision-_REDACTED__for_WEB.pdf:or in pursuit of a future sexual relationship’. ./Artunduaga_-Felix_Anibal_Castrillon_SoS_Decision-_REDACTED__for_WEB.pdf- ./Artunduaga_-Felix_Anibal_Castrillon_SoS_Decision-_REDACTED__for_WEB.pdf:The panel noted that Mr Artunduaga had not used language of a sexually explicit or ./Artunduaga_-Felix_Anibal_Castrillon_SoS_Decision-_REDACTED__for_WEB.pdf-suggestive nature. The panel concluded that it was unable to draw an inference that the ./Artunduaga_-Felix_Anibal_Castrillon_SoS_Decision-_REDACTED__for_WEB.pdf-exchange of messages with Child A was for the purpose of Mr Artunduaga's immediate ./Artunduaga_-Felix_Anibal_Castrillon_SoS_Decision-_REDACTED__for_WEB.pdf:sexual gratification. ./Artunduaga_-Felix_Anibal_Castrillon_SoS_Decision-_REDACTED__for_WEB.pdf- ./Artunduaga_-Felix_Anibal_Castrillon_SoS_Decision-_REDACTED__for_WEB.pdf:The panel then considered whether Mr Artunduaga's conduct was sexually motivated on ./Artunduaga_-Felix_Anibal_Castrillon_SoS_Decision-_REDACTED__for_WEB.pdf:the basis that he was seeking to pursue a future sexual relationship with Child A. In his ./Artunduaga_-Felix_Anibal_Castrillon_SoS_Decision-_REDACTED__for_WEB.pdf-written response dated 7 February 2020, Mr Artunduaga said: ./Artunduaga_-Felix_Anibal_Castrillon_SoS_Decision-_REDACTED__for_WEB.pdf- ./Artunduaga_-Felix_Anibal_Castrillon_SoS_Decision-_REDACTED__for_WEB.pdf:'I never sent the message to [Child A] with sexual motivation. What I did, I did it because I ./Artunduaga_-Felix_Anibal_Castrillon_SoS_Decision-_REDACTED__for_WEB.pdf-am someone who loves learning from those around me. I was curious to know about her ./Artunduaga_-Felix_Anibal_Castrillon_SoS_Decision-_REDACTED__for_WEB.pdf:life story and that was all. Neither did I have an infatuation, nor did I have a sexual or ./Artunduaga_-Felix_Anibal_Castrillon_SoS_Decision-_REDACTED__for_WEB.pdf- ./Artunduaga_-Felix_Anibal_Castrillon_SoS_Decision-_REDACTED__for_WEB.pdf- 11 ./Artunduaga_-Felix_Anibal_Castrillon_SoS_Decision-_REDACTED__for_WEB.pdf- -- ./Artunduaga_-Felix_Anibal_Castrillon_SoS_Decision-_REDACTED__for_WEB.pdf- ./Artunduaga_-Felix_Anibal_Castrillon_SoS_Decision-_REDACTED__for_WEB.pdf-English is not Mr Artunduaga's first language. The panel heard oral evidence that Mr ./Artunduaga_-Felix_Anibal_Castrillon_SoS_Decision-_REDACTED__for_WEB.pdf-Artunduaga's command of English was excellent. However, the panel also noted a ./Artunduaga_-Felix_Anibal_Castrillon_SoS_Decision-_REDACTED__for_WEB.pdf-number of examples of his written English being unusually structured. An example from ./Artunduaga_-Felix_Anibal_Castrillon_SoS_Decision-_REDACTED__for_WEB.pdf-his exchange with Child A was his use of the phrase, 'by legal reasons'. Other examples ./Artunduaga_-Felix_Anibal_Castrillon_SoS_Decision-_REDACTED__for_WEB.pdf-were found throughout his written communications. ./Artunduaga_-Felix_Anibal_Castrillon_SoS_Decision-_REDACTED__for_WEB.pdf- ./Artunduaga_-Felix_Anibal_Castrillon_SoS_Decision-_REDACTED__for_WEB.pdf-The panel carefully considered the evidence presented as to the exchange of messages ./Artunduaga_-Felix_Anibal_Castrillon_SoS_Decision-_REDACTED__for_WEB.pdf-between Mr Artunduaga and Child A on or around 24 October 2020. The panel ./Artunduaga_-Felix_Anibal_Castrillon_SoS_Decision-_REDACTED__for_WEB.pdf-recognised that this was a very limited basis on which it could infer that Mr Artunduaga ./Artunduaga_-Felix_Anibal_Castrillon_SoS_Decision-_REDACTED__for_WEB.pdf:was seeking a future sexual relationship with Child A. Taking all of the evidence into ./Artunduaga_-Felix_Anibal_Castrillon_SoS_Decision-_REDACTED__for_WEB.pdf-account, the panel was not satisfied, on the balance of probabilities, that Mr Artunduaga's ./Artunduaga_-Felix_Anibal_Castrillon_SoS_Decision-_REDACTED__for_WEB.pdf:actions were sexually motivated. ./Artunduaga_-Felix_Anibal_Castrillon_SoS_Decision-_REDACTED__for_WEB.pdf- ./Artunduaga_-Felix_Anibal_Castrillon_SoS_Decision-_REDACTED__for_WEB.pdf-The panel found allegation 4 not proved. ./Artunduaga_-Felix_Anibal_Castrillon_SoS_Decision-_REDACTED__for_WEB.pdf- ./Artunduaga_-Felix_Anibal_Castrillon_SoS_Decision-_REDACTED__for_WEB.pdf-Findings as to unacceptable professional conduct and/or conduct that ./Artunduaga_-Felix_Anibal_Castrillon_SoS_Decision-_REDACTED__for_WEB.pdf-may bring the profession into disrepute ./Artunduaga_-Felix_Anibal_Castrillon_SoS_Decision-_REDACTED__for_WEB.pdf- ./Artunduaga_-Felix_Anibal_Castrillon_SoS_Decision-_REDACTED__for_WEB.pdf-Having found allegations 2.a and 2.b proved, the panel went on to consider whether the ./Artunduaga_-Felix_Anibal_Castrillon_SoS_Decision-_REDACTED__for_WEB.pdf-facts of those proven allegations amounted to unacceptable professional conduct and/or ./Artunduaga_-Felix_Anibal_Castrillon_SoS_Decision-_REDACTED__for_WEB.pdf-conduct that may bring the profession into disrepute. ./Artunduaga_-Felix_Anibal_Castrillon_SoS_Decision-_REDACTED__for_WEB.pdf- -- ./Artunduaga_-Felix_Anibal_Castrillon_SoS_Decision-_REDACTED__for_WEB.pdf-Mitigating factors may indicate that a prohibition order would not be appropriate or ./Artunduaga_-Felix_Anibal_Castrillon_SoS_Decision-_REDACTED__for_WEB.pdf-proportionate. ./Artunduaga_-Felix_Anibal_Castrillon_SoS_Decision-_REDACTED__for_WEB.pdf- ./Artunduaga_-Felix_Anibal_Castrillon_SoS_Decision-_REDACTED__for_WEB.pdf-There was no evidence that Mr Artunduaga was acting under duress and Mr ./Artunduaga_-Felix_Anibal_Castrillon_SoS_Decision-_REDACTED__for_WEB.pdf-Artunduaga's actions in sending Child A inappropriate messages were deliberate. ./Artunduaga_-Felix_Anibal_Castrillon_SoS_Decision-_REDACTED__for_WEB.pdf-However, the panel did not believe that Mr Artunduaga intended to cause Child A to be ./Artunduaga_-Felix_Anibal_Castrillon_SoS_Decision-_REDACTED__for_WEB.pdf-upset. Significantly, the panel has not made a finding that Mr Artunduaga's conduct was ./Artunduaga_-Felix_Anibal_Castrillon_SoS_Decision-_REDACTED__for_WEB.pdf:sexually motivated. ./Artunduaga_-Felix_Anibal_Castrillon_SoS_Decision-_REDACTED__for_WEB.pdf- ./Artunduaga_-Felix_Anibal_Castrillon_SoS_Decision-_REDACTED__for_WEB.pdf-Mr Artunduaga did not provide any character references or testimonials. However, the ./Artunduaga_-Felix_Anibal_Castrillon_SoS_Decision-_REDACTED__for_WEB.pdf-panel was informed that Mr Artunduaga has not been the subject of previous disciplinary ./Artunduaga_-Felix_Anibal_Castrillon_SoS_Decision-_REDACTED__for_WEB.pdf-proceedings by the TRA or its predecessor. ./Artunduaga_-Felix_Anibal_Castrillon_SoS_Decision-_REDACTED__for_WEB.pdf- ./Artunduaga_-Felix_Anibal_Castrillon_SoS_Decision-_REDACTED__for_WEB.pdf-Although the panel did not have the benefit of hearing from Mr Artunduaga in person, he ./Artunduaga_-Felix_Anibal_Castrillon_SoS_Decision-_REDACTED__for_WEB.pdf-engaged with the proceedings throughout by providing written evidence and ./Artunduaga_-Felix_Anibal_Castrillon_SoS_Decision-_REDACTED__for_WEB.pdf-submissions. In one of his written submissions, Mr Artunduaga said: ./Artunduaga_-Felix_Anibal_Castrillon_SoS_Decision-_REDACTED__for_WEB.pdf- ./Artunduaga_-Felix_Anibal_Castrillon_SoS_Decision-_REDACTED__for_WEB.pdf-'I have learned many lessons from this experience. These not only relate to my -- ./Artunduaga_-Felix_Anibal_Castrillon_SoS_Decision-_REDACTED__for_WEB.pdf-high degree of insight into his conduct and that the risk of any repetition is low. ./Artunduaga_-Felix_Anibal_Castrillon_SoS_Decision-_REDACTED__for_WEB.pdf- ./Artunduaga_-Felix_Anibal_Castrillon_SoS_Decision-_REDACTED__for_WEB.pdf-The panel considered whether it would be proportionate to conclude this case with no ./Artunduaga_-Felix_Anibal_Castrillon_SoS_Decision-_REDACTED__for_WEB.pdf-recommendation of prohibition, considering whether the publication of the findings made ./Artunduaga_-Felix_Anibal_Castrillon_SoS_Decision-_REDACTED__for_WEB.pdf-by the panel would be sufficient. ./Artunduaga_-Felix_Anibal_Castrillon_SoS_Decision-_REDACTED__for_WEB.pdf- ./Artunduaga_-Felix_Anibal_Castrillon_SoS_Decision-_REDACTED__for_WEB.pdf-The panel was of the view that, applying the standard of the ordinary intelligent citizen, ./Artunduaga_-Felix_Anibal_Castrillon_SoS_Decision-_REDACTED__for_WEB.pdf-the recommendation of no prohibition order would be both a proportionate and an ./Artunduaga_-Felix_Anibal_Castrillon_SoS_Decision-_REDACTED__for_WEB.pdf-appropriate response. The panel concluded that the nature and severity of the behaviour ./Artunduaga_-Felix_Anibal_Castrillon_SoS_Decision-_REDACTED__for_WEB.pdf-were at the less serious end of the possible spectrum. The panel reached this conclusion ./Artunduaga_-Felix_Anibal_Castrillon_SoS_Decision-_REDACTED__for_WEB.pdf:taking into account the absence of any finding of sexual motivation or any awareness of ./Artunduaga_-Felix_Anibal_Castrillon_SoS_Decision-_REDACTED__for_WEB.pdf-Child A's particular vulnerability. Having regard to all of these factors, the panel ./Artunduaga_-Felix_Anibal_Castrillon_SoS_Decision-_REDACTED__for_WEB.pdf-determined that a recommendation for a prohibition order would not be proportionate in ./Artunduaga_-Felix_Anibal_Castrillon_SoS_Decision-_REDACTED__for_WEB.pdf-this case. ./Artunduaga_-Felix_Anibal_Castrillon_SoS_Decision-_REDACTED__for_WEB.pdf- ./Artunduaga_-Felix_Anibal_Castrillon_SoS_Decision-_REDACTED__for_WEB.pdf-The panel concluded that the publication of the adverse findings it had made was, in ./Artunduaga_-Felix_Anibal_Castrillon_SoS_Decision-_REDACTED__for_WEB.pdf-itself, a significant sanction sufficient to send an appropriate message to the teacher and ./Artunduaga_-Felix_Anibal_Castrillon_SoS_Decision-_REDACTED__for_WEB.pdf- ./Artunduaga_-Felix_Anibal_Castrillon_SoS_Decision-_REDACTED__for_WEB.pdf- 15 ./Artunduaga_-Felix_Anibal_Castrillon_SoS_Decision-_REDACTED__for_WEB.pdf- -- ./Artunduaga_-Felix_Anibal_Castrillon_SoS_Decision-_REDACTED__for_WEB.pdf-panel comment “Mr Artunduaga did not provide any character references or testimonials. ./Artunduaga_-Felix_Anibal_Castrillon_SoS_Decision-_REDACTED__for_WEB.pdf-However, the panel was informed that Mr Artunduaga has not been the subject of ./Artunduaga_-Felix_Anibal_Castrillon_SoS_Decision-_REDACTED__for_WEB.pdf-previous disciplinary proceedings by the TRA or its predecessor. ./Artunduaga_-Felix_Anibal_Castrillon_SoS_Decision-_REDACTED__for_WEB.pdf- ./Artunduaga_-Felix_Anibal_Castrillon_SoS_Decision-_REDACTED__for_WEB.pdf-A prohibition order would prevent Mr Artunduaga from teaching and would also clearly ./Artunduaga_-Felix_Anibal_Castrillon_SoS_Decision-_REDACTED__for_WEB.pdf-deprive the public of his contribution to the profession for the period that it is in force. ./Artunduaga_-Felix_Anibal_Castrillon_SoS_Decision-_REDACTED__for_WEB.pdf- ./Artunduaga_-Felix_Anibal_Castrillon_SoS_Decision-_REDACTED__for_WEB.pdf-In this case, I have to place considerable weight on the panel’s comments, “The panel ./Artunduaga_-Felix_Anibal_Castrillon_SoS_Decision-_REDACTED__for_WEB.pdf-concluded that the nature and severity of the behaviour were at the less serious end of ./Artunduaga_-Felix_Anibal_Castrillon_SoS_Decision-_REDACTED__for_WEB.pdf-the possible spectrum. The panel reached this conclusion taking into account the ./Artunduaga_-Felix_Anibal_Castrillon_SoS_Decision-_REDACTED__for_WEB.pdf:absence of any finding of sexual motivation or any awareness of Child A's particular ./Artunduaga_-Felix_Anibal_Castrillon_SoS_Decision-_REDACTED__for_WEB.pdf-vulnerability.” ./Artunduaga_-Felix_Anibal_Castrillon_SoS_Decision-_REDACTED__for_WEB.pdf- ./Artunduaga_-Felix_Anibal_Castrillon_SoS_Decision-_REDACTED__for_WEB.pdf-For these reasons, I have concluded that a prohibition order is not proportionate and in ./Artunduaga_-Felix_Anibal_Castrillon_SoS_Decision-_REDACTED__for_WEB.pdf-the public interest. ./Artunduaga_-Felix_Anibal_Castrillon_SoS_Decision-_REDACTED__for_WEB.pdf- ./Artunduaga_-Felix_Anibal_Castrillon_SoS_Decision-_REDACTED__for_WEB.pdf-The findings of unacceptable professional conduct and conduct that is likely to bring the ./Artunduaga_-Felix_Anibal_Castrillon_SoS_Decision-_REDACTED__for_WEB.pdf-profession into disrepute should instead be published. ./Artunduaga_-Felix_Anibal_Castrillon_SoS_Decision-_REDACTED__for_WEB.pdf- ./Artunduaga_-Felix_Anibal_Castrillon_SoS_Decision-_REDACTED__for_WEB.pdf- ./Artunduaga_-Felix_Anibal_Castrillon_SoS_Decision-_REDACTED__for_WEB.pdf- ./Atkinson__Luke_0952741_Web_Decision_260614_pdf.pdf-The Panel considered the allegations set out in the Notice of Proceedings dated 19 ./Atkinson__Luke_0952741_Web_Decision_260614_pdf.pdf-March 2014. ./Atkinson__Luke_0952741_Web_Decision_260614_pdf.pdf- ./Atkinson__Luke_0952741_Web_Decision_260614_pdf.pdf-It was alleged that Mr Luke Atkinson was guilty of unacceptable professional conduct/ ./Atkinson__Luke_0952741_Web_Decision_260614_pdf.pdf-conduct that may bring the profession into disrepute, in that, whilst employed at Balby ./Atkinson__Luke_0952741_Web_Decision_260614_pdf.pdf-Carr Community Sports and Science College he: ./Atkinson__Luke_0952741_Web_Decision_260614_pdf.pdf- ./Atkinson__Luke_0952741_Web_Decision_260614_pdf.pdf-1. In June 2012 failed to maintain professional boundaries by: ./Atkinson__Luke_0952741_Web_Decision_260614_pdf.pdf- a. Requesting that Pupil A and B join him in a hotel room; ./Atkinson__Luke_0952741_Web_Decision_260614_pdf.pdf- b. Taking Pupil A to a hotel room; and ./Atkinson__Luke_0952741_Web_Decision_260614_pdf.pdf: c. Engaging in sexual activity with Pupil A. ./Atkinson__Luke_0952741_Web_Decision_260614_pdf.pdf- ./Atkinson__Luke_0952741_Web_Decision_260614_pdf.pdf-2. Failed to co-operate fully with the police investigation into a serious safeguarding ./Atkinson__Luke_0952741_Web_Decision_260614_pdf.pdf-matter. ./Atkinson__Luke_0952741_Web_Decision_260614_pdf.pdf- ./Atkinson__Luke_0952741_Web_Decision_260614_pdf.pdf-3. Attempted to mislead those responsible for investigating the incidents within the ./Atkinson__Luke_0952741_Web_Decision_260614_pdf.pdf-school. ./Atkinson__Luke_0952741_Web_Decision_260614_pdf.pdf- ./Atkinson__Luke_0952741_Web_Decision_260614_pdf.pdf- ./Atkinson__Luke_0952741_Web_Decision_260614_pdf.pdf-Mr Atkinson has admitted allegation 1.b. He has not admitted any of the other ./Atkinson__Luke_0952741_Web_Decision_260614_pdf.pdf-allegations. Mr Atkinson has not admitted that allegation 1.b. (or any of the other -- ./Atkinson__Luke_0952741_Web_Decision_260614_pdf.pdf-Summary of Evidence ./Atkinson__Luke_0952741_Web_Decision_260614_pdf.pdf- ./Atkinson__Luke_0952741_Web_Decision_260614_pdf.pdf-Mr Luke Atkinson commenced his employment as a Physical Education teacher with ./Atkinson__Luke_0952741_Web_Decision_260614_pdf.pdf-Balby Carr Sports and Science College on 1 September 2010. In June 2012 Pupil A was ./Atkinson__Luke_0952741_Web_Decision_260614_pdf.pdf-a sixth form student at Balby Carr Sports and Science College and was 17 years old. ./Atkinson__Luke_0952741_Web_Decision_260614_pdf.pdf-Pupil A had not herself been taught by Mr Atkinson. On the evening of Saturday 16 June ./Atkinson__Luke_0952741_Web_Decision_260614_pdf.pdf-2012 and/or early hours of Sunday 17 June 2012, Pupil A and Pupil B were in the Priory ./Atkinson__Luke_0952741_Web_Decision_260614_pdf.pdf-Nightclub, Doncaster, with a group of friends. Mr Atkinson also happened to be at the ./Atkinson__Luke_0952741_Web_Decision_260614_pdf.pdf-Priory Nightclub at the same time as Pupil A and Pupil B. It is alleged and the teacher ./Atkinson__Luke_0952741_Web_Decision_260614_pdf.pdf-admits that he thereafter took Pupil A to a hotel room. It is the National College’s case ./Atkinson__Luke_0952741_Web_Decision_260614_pdf.pdf:that he engaged in sexual activity with Pupil A at that time. The teacher denies that he ./Atkinson__Luke_0952741_Web_Decision_260614_pdf.pdf:engaged in any sexual activity with Pupil A at all. ./Atkinson__Luke_0952741_Web_Decision_260614_pdf.pdf- ./Atkinson__Luke_0952741_Web_Decision_260614_pdf.pdf- ./Atkinson__Luke_0952741_Web_Decision_260614_pdf.pdf- 6 ./Atkinson__Luke_0952741_Web_Decision_260614_pdf.pdf- -- ./Atkinson__Luke_0952741_Web_Decision_260614_pdf.pdf-Following initial Local Authority Designated Officer (“LADO”) strategy meetings, a police ./Atkinson__Luke_0952741_Web_Decision_260614_pdf.pdf-investigation was commenced, but Mr Atkinson was not charged as Pupil A did not wish ./Atkinson__Luke_0952741_Web_Decision_260614_pdf.pdf-to pursue the matter. ./Atkinson__Luke_0952741_Web_Decision_260614_pdf.pdf- ./Atkinson__Luke_0952741_Web_Decision_260614_pdf.pdf-At a school disciplinary hearing on 29 November 2012 it was decided that Mr Atkinson ./Atkinson__Luke_0952741_Web_Decision_260614_pdf.pdf-had taken Pupil A to a hotel room and that he had lied to the police about the matter. As ./Atkinson__Luke_0952741_Web_Decision_260614_pdf.pdf-a result Mr Atkinson was dismissed with immediate effect. The decision makers at the ./Atkinson__Luke_0952741_Web_Decision_260614_pdf.pdf-disciplinary hearing (who had not had the benefit of hearing oral evidence from Pupil A ./Atkinson__Luke_0952741_Web_Decision_260614_pdf.pdf:direct) did not find substantiated the allegation that Mr Atkinson had had sexual ./Atkinson__Luke_0952741_Web_Decision_260614_pdf.pdf-intercourse with Pupil A. ./Atkinson__Luke_0952741_Web_Decision_260614_pdf.pdf- ./Atkinson__Luke_0952741_Web_Decision_260614_pdf.pdf-Further LADO strategy meetings were conducted in relation to this matter. Those ./Atkinson__Luke_0952741_Web_Decision_260614_pdf.pdf-present at LADO strategy meetings following the conclusion of the disciplinary ./Atkinson__Luke_0952741_Web_Decision_260614_pdf.pdf:proceedings disagreed with the disciplinary hearing’s decision in respect of the sexual ./Atkinson__Luke_0952741_Web_Decision_260614_pdf.pdf:allegation and believed that the information available suggested that sexual intercourse ./Atkinson__Luke_0952741_Web_Decision_260614_pdf.pdf-had taken place. ./Atkinson__Luke_0952741_Web_Decision_260614_pdf.pdf- ./Atkinson__Luke_0952741_Web_Decision_260614_pdf.pdf-Findings of Fact ./Atkinson__Luke_0952741_Web_Decision_260614_pdf.pdf-Our findings of fact are as follows: ./Atkinson__Luke_0952741_Web_Decision_260614_pdf.pdf- ./Atkinson__Luke_0952741_Web_Decision_260614_pdf.pdf-We have found the following particulars of the allegations against Mr Atkinson proven, for ./Atkinson__Luke_0952741_Web_Decision_260614_pdf.pdf-these reasons: ./Atkinson__Luke_0952741_Web_Decision_260614_pdf.pdf- ./Atkinson__Luke_0952741_Web_Decision_260614_pdf.pdf- ./Atkinson__Luke_0952741_Web_Decision_260614_pdf.pdf-Whilst employed at Balby Carr Community Sports and Science College -- ./Atkinson__Luke_0952741_Web_Decision_260614_pdf.pdf- ./Atkinson__Luke_0952741_Web_Decision_260614_pdf.pdf-1. In June 2012 failed to maintain professional boundaries by: ./Atkinson__Luke_0952741_Web_Decision_260614_pdf.pdf- ./Atkinson__Luke_0952741_Web_Decision_260614_pdf.pdf-… ./Atkinson__Luke_0952741_Web_Decision_260614_pdf.pdf- ./Atkinson__Luke_0952741_Web_Decision_260614_pdf.pdf-b. Taking Pupil A to a hotel room; and ./Atkinson__Luke_0952741_Web_Decision_260614_pdf.pdf- ./Atkinson__Luke_0952741_Web_Decision_260614_pdf.pdf-The allegation has been admitted by Mr Atkinson and is corroborated by Pupil A and ./Atkinson__Luke_0952741_Web_Decision_260614_pdf.pdf-CCTV footage from the hotel. The allegation is found proven. ./Atkinson__Luke_0952741_Web_Decision_260614_pdf.pdf- ./Atkinson__Luke_0952741_Web_Decision_260614_pdf.pdf:c. Engaging in sexual activity with Pupil A ./Atkinson__Luke_0952741_Web_Decision_260614_pdf.pdf-The Panel considered the evidence of Pupil A, delivered by video-link, which supported ./Atkinson__Luke_0952741_Web_Decision_260614_pdf.pdf-this allegation. The Panel took into account that some subtleties of tone or body ./Atkinson__Luke_0952741_Web_Decision_260614_pdf.pdf-language may have been lost through the use of this method rather than Pupil A ./Atkinson__Luke_0952741_Web_Decision_260614_pdf.pdf-providing evidence to the Panel in person. Nonetheless the Panel found Pupil A to be a ./Atkinson__Luke_0952741_Web_Decision_260614_pdf.pdf-very credible witness. ./Atkinson__Luke_0952741_Web_Decision_260614_pdf.pdf- ./Atkinson__Luke_0952741_Web_Decision_260614_pdf.pdf- ./Atkinson__Luke_0952741_Web_Decision_260614_pdf.pdf- ./Atkinson__Luke_0952741_Web_Decision_260614_pdf.pdf- ./Atkinson__Luke_0952741_Web_Decision_260614_pdf.pdf- 7 -- ./Atkinson__Luke_0952741_Web_Decision_260614_pdf.pdf-denied taking her to a hotel room, until he was informed of CCTV footage contradicting ./Atkinson__Luke_0952741_Web_Decision_260614_pdf.pdf-his position. These factors led the Panel to place less weight on Mr Atkinson’s evidence ./Atkinson__Luke_0952741_Web_Decision_260614_pdf.pdf-than it would otherwise have done. ./Atkinson__Luke_0952741_Web_Decision_260614_pdf.pdf- ./Atkinson__Luke_0952741_Web_Decision_260614_pdf.pdf-Taking into consideration all of these factors, the Panel preferred the evidence of Pupil A ./Atkinson__Luke_0952741_Web_Decision_260614_pdf.pdf-and accordingly found this allegation proven. ./Atkinson__Luke_0952741_Web_Decision_260614_pdf.pdf- ./Atkinson__Luke_0952741_Web_Decision_260614_pdf.pdf-2. Failed to co-operate fully with the police investigation into a serious ./Atkinson__Luke_0952741_Web_Decision_260614_pdf.pdf-safeguarding matter; ./Atkinson__Luke_0952741_Web_Decision_260614_pdf.pdf-The Panel was satisfied that the police investigation was into a serious safeguarding ./Atkinson__Luke_0952741_Web_Decision_260614_pdf.pdf:matter, involving as it did allegations of sexual activity with a pupil. ./Atkinson__Luke_0952741_Web_Decision_260614_pdf.pdf- ./Atkinson__Luke_0952741_Web_Decision_260614_pdf.pdf-The Panel noted Mr Atkinson’s indication to the police that he had not taken Pupil A to a ./Atkinson__Luke_0952741_Web_Decision_260614_pdf.pdf-hotel room and that Mr Atkinson now accepted that he had in fact taken Pupil A to a hotel ./Atkinson__Luke_0952741_Web_Decision_260614_pdf.pdf-room. ./Atkinson__Luke_0952741_Web_Decision_260614_pdf.pdf- ./Atkinson__Luke_0952741_Web_Decision_260614_pdf.pdf-A meeting note presented to the Panel also suggested that Mr Atkinson accepted in a ./Atkinson__Luke_0952741_Web_Decision_260614_pdf.pdf-school investigation meeting on 3 September 2012 that he had not given an accurate ./Atkinson__Luke_0952741_Web_Decision_260614_pdf.pdf-account to the police. ./Atkinson__Luke_0952741_Web_Decision_260614_pdf.pdf- ./Atkinson__Luke_0952741_Web_Decision_260614_pdf.pdf-The Panel further noted that Mr Atkinson continued, at the time of the hearing, to deny ./Atkinson__Luke_0952741_Web_Decision_260614_pdf.pdf:that he had engaged in sexual activity with Pupil A and that the Panel had found that, ./Atkinson__Luke_0952741_Web_Decision_260614_pdf.pdf:contrary to this, Mr Atkinson did engage in sexual activity with Pupil A in a hotel room. ./Atkinson__Luke_0952741_Web_Decision_260614_pdf.pdf- ./Atkinson__Luke_0952741_Web_Decision_260614_pdf.pdf-In light of the above, the Panel concluded that Mr Atkinson had failed to co-operate fully ./Atkinson__Luke_0952741_Web_Decision_260614_pdf.pdf-with the police investigation into a serious safeguarding matter and accordingly that this ./Atkinson__Luke_0952741_Web_Decision_260614_pdf.pdf-allegation was proven. ./Atkinson__Luke_0952741_Web_Decision_260614_pdf.pdf- ./Atkinson__Luke_0952741_Web_Decision_260614_pdf.pdf- ./Atkinson__Luke_0952741_Web_Decision_260614_pdf.pdf- ./Atkinson__Luke_0952741_Web_Decision_260614_pdf.pdf- 8 ./Atkinson__Luke_0952741_Web_Decision_260614_pdf.pdf- -- ./Atkinson__Luke_0952741_Web_Decision_260614_pdf.pdf-The Panel noted Mr Atkinson’s indication to the school, in the investigation interview of 3 ./Atkinson__Luke_0952741_Web_Decision_260614_pdf.pdf-September 2012, that he had not arrived with Pupil A at the hotel but that, once informed ./Atkinson__Luke_0952741_Web_Decision_260614_pdf.pdf-that CCTV existed showing him arriving at the hotel with Pupil A, Mr Atkinson admitted ./Atkinson__Luke_0952741_Web_Decision_260614_pdf.pdf-this. ./Atkinson__Luke_0952741_Web_Decision_260614_pdf.pdf- ./Atkinson__Luke_0952741_Web_Decision_260614_pdf.pdf-The Panel also noted that the minutes of the meeting of the disciplinary hearing of 29 ./Atkinson__Luke_0952741_Web_Decision_260614_pdf.pdf-November 2012 indicated that Mr Atkinson at that stage accepted that he had not initially ./Atkinson__Luke_0952741_Web_Decision_260614_pdf.pdf-told the school the full truth. ./Atkinson__Luke_0952741_Web_Decision_260614_pdf.pdf- ./Atkinson__Luke_0952741_Web_Decision_260614_pdf.pdf-The Panel further noted that Mr Atkinson continued, at the time of the hearing, to deny ./Atkinson__Luke_0952741_Web_Decision_260614_pdf.pdf:that he had engaged in sexual activity with Pupil A and that the Panel had found that, ./Atkinson__Luke_0952741_Web_Decision_260614_pdf.pdf:contrary to this, Mr Atkinson did engage in sexual activity with Pupil A in a hotel room. ./Atkinson__Luke_0952741_Web_Decision_260614_pdf.pdf- ./Atkinson__Luke_0952741_Web_Decision_260614_pdf.pdf-In light of the above, the Panel concluded that Mr Atkinson had attempted to mislead ./Atkinson__Luke_0952741_Web_Decision_260614_pdf.pdf-those responsible for investigating the incidents within the school. Accordingly the Panel ./Atkinson__Luke_0952741_Web_Decision_260614_pdf.pdf-found this allegation proven. ./Atkinson__Luke_0952741_Web_Decision_260614_pdf.pdf- ./Atkinson__Luke_0952741_Web_Decision_260614_pdf.pdf- ./Atkinson__Luke_0952741_Web_Decision_260614_pdf.pdf-We have found the following particulars of the allegation against Mr Atkinson not proven, ./Atkinson__Luke_0952741_Web_Decision_260614_pdf.pdf-for these reasons: ./Atkinson__Luke_0952741_Web_Decision_260614_pdf.pdf- ./Atkinson__Luke_0952741_Web_Decision_260614_pdf.pdf- -- ./Atkinson__Luke_0952741_Web_Decision_260614_pdf.pdf- and at all times observing proper boundaries appropriate to a teacher’s ./Atkinson__Luke_0952741_Web_Decision_260614_pdf.pdf- professional position; ./Atkinson__Luke_0952741_Web_Decision_260614_pdf.pdf- o having regard for the need to safeguard pupils’ well-being, in accordance ./Atkinson__Luke_0952741_Web_Decision_260614_pdf.pdf- with statutory provisions. ./Atkinson__Luke_0952741_Web_Decision_260614_pdf.pdf-The Panel is satisfied that the conduct of Mr Atkinson fell significantly short of the ./Atkinson__Luke_0952741_Web_Decision_260614_pdf.pdf-standards expected of the profession. ./Atkinson__Luke_0952741_Web_Decision_260614_pdf.pdf- ./Atkinson__Luke_0952741_Web_Decision_260614_pdf.pdf-The Panel has also considered whether Luke Atkinson’s conduct displayed behaviours ./Atkinson__Luke_0952741_Web_Decision_260614_pdf.pdf-associated with any of the offences listed on page 8 and 9 of the Guidance. The Panel ./Atkinson__Luke_0952741_Web_Decision_260614_pdf.pdf-has found that Luke Atkinson’s conduct did display behaviours associated with an ./Atkinson__Luke_0952741_Web_Decision_260614_pdf.pdf:offence involving sexual activity. The Guidance indicates that where behaviours ./Atkinson__Luke_0952741_Web_Decision_260614_pdf.pdf-associated with such an offence exist, a Panel is likely to conclude that an individual’s ./Atkinson__Luke_0952741_Web_Decision_260614_pdf.pdf-conduct would amount to unacceptable professional conduct. ./Atkinson__Luke_0952741_Web_Decision_260614_pdf.pdf- ./Atkinson__Luke_0952741_Web_Decision_260614_pdf.pdf-The Panel notes that the proven allegations all took place outside of the education setting ./Atkinson__Luke_0952741_Web_Decision_260614_pdf.pdf-but that they involved a then current pupil at the school where he worked (Pupil A) being ./Atkinson__Luke_0952741_Web_Decision_260614_pdf.pdf-exposed to Luke Atkinson’s behaviour in a harmful way. ./Atkinson__Luke_0952741_Web_Decision_260614_pdf.pdf- ./Atkinson__Luke_0952741_Web_Decision_260614_pdf.pdf-Accordingly, the Panel is satisfied that Luke Atkinson is guilty of unacceptable ./Atkinson__Luke_0952741_Web_Decision_260614_pdf.pdf-professional conduct. ./Atkinson__Luke_0952741_Web_Decision_260614_pdf.pdf- -- ./Atkinson__Luke_0952741_Web_Decision_260614_pdf.pdf-be given in order to be punitive, or to show that blame has been apportioned, although ./Atkinson__Luke_0952741_Web_Decision_260614_pdf.pdf-they are likely to have punitive effect. ./Atkinson__Luke_0952741_Web_Decision_260614_pdf.pdf- ./Atkinson__Luke_0952741_Web_Decision_260614_pdf.pdf-The Panel has considered the particular public interest considerations set out in the ./Atkinson__Luke_0952741_Web_Decision_260614_pdf.pdf-Teacher Misconduct – Prohibition of Teachers Advice and having done so has found a ./Atkinson__Luke_0952741_Web_Decision_260614_pdf.pdf-number of them to be relevant in this case, namely the protection of pupils, the ./Atkinson__Luke_0952741_Web_Decision_260614_pdf.pdf-maintenance of public confidence in the profession, declaring and upholding proper ./Atkinson__Luke_0952741_Web_Decision_260614_pdf.pdf-standards of conduct. ./Atkinson__Luke_0952741_Web_Decision_260614_pdf.pdf- ./Atkinson__Luke_0952741_Web_Decision_260614_pdf.pdf-There is a strong public interest consideration in respect of the protection of pupils given ./Atkinson__Luke_0952741_Web_Decision_260614_pdf.pdf:the finding that Mr Atkinson engaged in sexual activity with a pupil. ./Atkinson__Luke_0952741_Web_Decision_260614_pdf.pdf- ./Atkinson__Luke_0952741_Web_Decision_260614_pdf.pdf-Similarly, the Panel considers that public confidence in the profession could be seriously ./Atkinson__Luke_0952741_Web_Decision_260614_pdf.pdf:weakened if taking a pupil to a hotel room, engaging in sexual activity with a pupil, failing ./Atkinson__Luke_0952741_Web_Decision_260614_pdf.pdf-to co-operate fully with a police investigation into a serious safeguarding matter and ./Atkinson__Luke_0952741_Web_Decision_260614_pdf.pdf-attempting to mislead those investigating the incidents within the school, were not treated ./Atkinson__Luke_0952741_Web_Decision_260614_pdf.pdf-with the utmost seriousness when regulating the conduct of the profession. ./Atkinson__Luke_0952741_Web_Decision_260614_pdf.pdf- ./Atkinson__Luke_0952741_Web_Decision_260614_pdf.pdf-The Panel considered that a strong public interest consideration in declaring proper ./Atkinson__Luke_0952741_Web_Decision_260614_pdf.pdf-standards of conduct in the profession was also present as the conduct found against Mr ./Atkinson__Luke_0952741_Web_Decision_260614_pdf.pdf-Atkinson was outside that which could reasonably be tolerated. ./Atkinson__Luke_0952741_Web_Decision_260614_pdf.pdf- ./Atkinson__Luke_0952741_Web_Decision_260614_pdf.pdf- ./Atkinson__Luke_0952741_Web_Decision_260614_pdf.pdf- 11 -- ./Atkinson__Luke_0952741_Web_Decision_260614_pdf.pdf-Atkinson. The Panel took further account of the Teacher Misconduct – Prohibition of ./Atkinson__Luke_0952741_Web_Decision_260614_pdf.pdf-Teachers Advice, which suggests that a prohibition order may be appropriate if certain ./Atkinson__Luke_0952741_Web_Decision_260614_pdf.pdf-behaviours of a teacher have been proven. In the list of such behaviours are: ./Atkinson__Luke_0952741_Web_Decision_260614_pdf.pdf- ./Atkinson__Luke_0952741_Web_Decision_260614_pdf.pdf-  serious departure from the personal and professional conduct elements of the ./Atkinson__Luke_0952741_Web_Decision_260614_pdf.pdf- teachers’ standards ./Atkinson__Luke_0952741_Web_Decision_260614_pdf.pdf-  misconduct seriously affecting the education and/or wellbeing of pupils, and ./Atkinson__Luke_0952741_Web_Decision_260614_pdf.pdf- particularly where there is a continuing risk ./Atkinson__Luke_0952741_Web_Decision_260614_pdf.pdf-  abuse of position or trust (particularly involving vulnerable pupils) or violation of the ./Atkinson__Luke_0952741_Web_Decision_260614_pdf.pdf- rights of pupils ./Atkinson__Luke_0952741_Web_Decision_260614_pdf.pdf:  sexual misconduct, e.g. involving actions that were sexually motivated or of a ./Atkinson__Luke_0952741_Web_Decision_260614_pdf.pdf: sexual nature and/or that use or exploit the trust, knowledge or influence derived ./Atkinson__Luke_0952741_Web_Decision_260614_pdf.pdf- from the individual’s professional position; ./Atkinson__Luke_0952741_Web_Decision_260614_pdf.pdf-Even though there were behaviours that would point to a Prohibition Order being ./Atkinson__Luke_0952741_Web_Decision_260614_pdf.pdf-appropriate, the Panel went on to consider whether or not there were sufficient mitigating ./Atkinson__Luke_0952741_Web_Decision_260614_pdf.pdf-factors to militate against a Prohibition Order being an appropriate and proportionate ./Atkinson__Luke_0952741_Web_Decision_260614_pdf.pdf-measure to impose, particularly taking into account the nature and severity of the ./Atkinson__Luke_0952741_Web_Decision_260614_pdf.pdf-behaviour in this case. The Panel has found that the teacher’s actions were deliberate ./Atkinson__Luke_0952741_Web_Decision_260614_pdf.pdf-and there was no indication that he was acting under duress. The Panel did however ./Atkinson__Luke_0952741_Web_Decision_260614_pdf.pdf-find that the teacher had a previously good history. ./Atkinson__Luke_0952741_Web_Decision_260614_pdf.pdf- ./Atkinson__Luke_0952741_Web_Decision_260614_pdf.pdf-The Panel is of the view that Prohibition is both proportionate and appropriate. We have ./Atkinson__Luke_0952741_Web_Decision_260614_pdf.pdf-decided that the public interest considerations outweigh the interests of Mr Atkinson. The ./Atkinson__Luke_0952741_Web_Decision_260614_pdf.pdf:potential harm to a pupil, abuse of trust and involvement of sexual misconduct were ./Atkinson__Luke_0952741_Web_Decision_260614_pdf.pdf-significant factors in forming that opinion. Accordingly, the Panel makes a ./Atkinson__Luke_0952741_Web_Decision_260614_pdf.pdf-recommendation to the Secretary of State that a Prohibition Order should be imposed ./Atkinson__Luke_0952741_Web_Decision_260614_pdf.pdf-with immediate effect. ./Atkinson__Luke_0952741_Web_Decision_260614_pdf.pdf- ./Atkinson__Luke_0952741_Web_Decision_260614_pdf.pdf-The Panel went on to consider whether or not it would be appropriate for them to decide ./Atkinson__Luke_0952741_Web_Decision_260614_pdf.pdf-to recommend that a review period of the order should be considered. The Panel was ./Atkinson__Luke_0952741_Web_Decision_260614_pdf.pdf-mindful that the Teacher Misconduct – Prohibition of Teachers Advice advises that a ./Atkinson__Luke_0952741_Web_Decision_260614_pdf.pdf-Prohibition Order applies for life, but there may be circumstances in any given case that ./Atkinson__Luke_0952741_Web_Decision_260614_pdf.pdf- ./Atkinson__Luke_0952741_Web_Decision_260614_pdf.pdf- -- ./Atkinson__Luke_0952741_Web_Decision_260614_pdf.pdf-may make it appropriate to allow a teacher to apply to have the prohibition order ./Atkinson__Luke_0952741_Web_Decision_260614_pdf.pdf-reviewed after a specified period of time that may not be less than two years. ./Atkinson__Luke_0952741_Web_Decision_260614_pdf.pdf- ./Atkinson__Luke_0952741_Web_Decision_260614_pdf.pdf-The Teacher Misconduct – Prohibition of Teachers Advice indicates that there are ./Atkinson__Luke_0952741_Web_Decision_260614_pdf.pdf-behaviours that, if proven, would militate against a review period being recommended. ./Atkinson__Luke_0952741_Web_Decision_260614_pdf.pdf:One of these behaviours is serious sexual misconduct, eg where the act was sexually ./Atkinson__Luke_0952741_Web_Decision_260614_pdf.pdf-motivated and resulted in or had the potential to result in, harm to a person or persons, ./Atkinson__Luke_0952741_Web_Decision_260614_pdf.pdf-particularly where the individual has used their professional position to influence or ./Atkinson__Luke_0952741_Web_Decision_260614_pdf.pdf-exploit a person or persons. The Panel has found that Mr Atkinson has engaged in ./Atkinson__Luke_0952741_Web_Decision_260614_pdf.pdf:sexually activity with Pupil A which resulted in, or had the potential to result in, harm to ./Atkinson__Luke_0952741_Web_Decision_260614_pdf.pdf-Pupil A. ./Atkinson__Luke_0952741_Web_Decision_260614_pdf.pdf- ./Atkinson__Luke_0952741_Web_Decision_260614_pdf.pdf-Notwithstanding the above, the Panel felt that the findings indicated a situation in which a ./Atkinson__Luke_0952741_Web_Decision_260614_pdf.pdf-review period would be appropriate and as such decided that it would be proportionate in ./Atkinson__Luke_0952741_Web_Decision_260614_pdf.pdf-all the circumstances for the Prohibition Order to be recommended with provisions for a ./Atkinson__Luke_0952741_Web_Decision_260614_pdf.pdf-review after a period of five years. ./Atkinson__Luke_0952741_Web_Decision_260614_pdf.pdf- ./Atkinson__Luke_0952741_Web_Decision_260614_pdf.pdf-In reaching this conclusion the Panel took into consideration the fact that Pupil A had ./Atkinson__Luke_0952741_Web_Decision_260614_pdf.pdf:indicated that she had engaged in the sexual activity with Mr Atkinson willingly at the ./Atkinson__Luke_0952741_Web_Decision_260614_pdf.pdf:time; that Mr Atkinson was only six years older than Pupil A when the sexual activity took ./Atkinson__Luke_0952741_Web_Decision_260614_pdf.pdf-place (being aged 23 to Pupil A’s 17); that Pupil A was above the age of consent at the ./Atkinson__Luke_0952741_Web_Decision_260614_pdf.pdf-relevant time (had a position of trust not existed); that the Panel found this event to be an ./Atkinson__Luke_0952741_Web_Decision_260614_pdf.pdf-isolated incident, that had not been pre-planned by Mr Atkinson; and that Mr Atkinson ./Atkinson__Luke_0952741_Web_Decision_260614_pdf.pdf-was an inexperienced teacher, who had been a student at Balby Carr Community Sports ./Atkinson__Luke_0952741_Web_Decision_260614_pdf.pdf-and Science College and had returned there as a teacher straight after qualifying. ./Atkinson__Luke_0952741_Web_Decision_260614_pdf.pdf- ./Atkinson__Luke_0952741_Web_Decision_260614_pdf.pdf-The Panel believes that Mr Atkinson may have gained sufficient maturity and have ./Atkinson__Luke_0952741_Web_Decision_260614_pdf.pdf-gained sufficient insight into his actions and their impact to be permitted to teach again, ./Atkinson__Luke_0952741_Web_Decision_260614_pdf.pdf-once five years have passed, there is a greater age difference between him and his ./Atkinson__Luke_0952741_Web_Decision_260614_pdf.pdf-potential pupils and he has gained further life experience. The Panel notes this does not -- ./Atkinson__Luke_0952741_Web_Decision_260614_pdf.pdf-I have given very careful consideration to this case and to the findings of the panel. I ./Atkinson__Luke_0952741_Web_Decision_260614_pdf.pdf-have also given very careful consideration to the recommendation of the panel both in ./Atkinson__Luke_0952741_Web_Decision_260614_pdf.pdf-respect of sanction and also review period. ./Atkinson__Luke_0952741_Web_Decision_260614_pdf.pdf- ./Atkinson__Luke_0952741_Web_Decision_260614_pdf.pdf:This is a very serious case involving serious sexual misconduct. The panel found that Mr ./Atkinson__Luke_0952741_Web_Decision_260614_pdf.pdf:Atkinson had a sexual relationship with a student. He also denied the circumstances of ./Atkinson__Luke_0952741_Web_Decision_260614_pdf.pdf-this case until he was shown CCTV evidence by the police. He continued to deny other ./Atkinson__Luke_0952741_Web_Decision_260614_pdf.pdf-elements of the case that were found proven. He also did not accept that the one ./Atkinson__Luke_0952741_Web_Decision_260614_pdf.pdf-allegation that he admitted was unacceptable conduct. As a result of his denials the pupil ./Atkinson__Luke_0952741_Web_Decision_260614_pdf.pdf-witness had to attend and give evidence. ./Atkinson__Luke_0952741_Web_Decision_260614_pdf.pdf- ./Atkinson__Luke_0952741_Web_Decision_260614_pdf.pdf-The guidance published by the Secretary of State is very clear on the misconduct that ./Atkinson__Luke_0952741_Web_Decision_260614_pdf.pdf-has been found in this case. I therefore support the recommendation of the panel that it is ./Atkinson__Luke_0952741_Web_Decision_260614_pdf.pdf-proportionate and in the public interest to prohibit Mr Atkinson. ./Atkinson__Luke_0952741_Web_Decision_260614_pdf.pdf- ./Atkinson__Luke_0952741_Web_Decision_260614_pdf.pdf-I have also given very careful consideration to the matter of a review period. The advice ./Atkinson__Luke_0952741_Web_Decision_260614_pdf.pdf:is very clear that cases that involve serious sexual misconduct should be considered as ./Atkinson__Luke_0952741_Web_Decision_260614_pdf.pdf-falling into the category of case where there is no provision for a review. ./Atkinson__Luke_0952741_Web_Decision_260614_pdf.pdf- ./Atkinson__Luke_0952741_Web_Decision_260614_pdf.pdf-I have not found sufficient evidence that Mr Atkinson has either insight or has expressed ./Atkinson__Luke_0952741_Web_Decision_260614_pdf.pdf-remorse for his behaviour. His continuing denials of the facts and the implications of ./Atkinson__Luke_0952741_Web_Decision_260614_pdf.pdf-those facts is evidence of that. ./Atkinson__Luke_0952741_Web_Decision_260614_pdf.pdf- ./Atkinson__Luke_0952741_Web_Decision_260614_pdf.pdf-Although he was a young teacher at the time, his behaviour was deliberate and he would ./Atkinson__Luke_0952741_Web_Decision_260614_pdf.pdf-have had no doubt that it was a serious breach of the standards that are expected of a ./Atkinson__Luke_0952741_Web_Decision_260614_pdf.pdf-teacher. In my view his behaviour is so serious that a review period is not in the public ./Atkinson__Luke_0952741_Web_Decision_260614_pdf.pdf-interest. ./Aziz_Fahmida_-_SoS_Decision_REDACTED_WEB_VERSION_3.pdf- ./Aziz_Fahmida_-_SoS_Decision_REDACTED_WEB_VERSION_3.pdf- 1. On or around 6 May 2016 she committed an act of shoplifting, for which she ./Aziz_Fahmida_-_SoS_Decision_REDACTED_WEB_VERSION_3.pdf- subsequently received a penal notice; ./Aziz_Fahmida_-_SoS_Decision_REDACTED_WEB_VERSION_3.pdf- 2. She provided false and/or misleading information, and/or failed to disclose ./Aziz_Fahmida_-_SoS_Decision_REDACTED_WEB_VERSION_3.pdf- relevant information to the School including: ./Aziz_Fahmida_-_SoS_Decision_REDACTED_WEB_VERSION_3.pdf- a. where she was residing on one or more occasions between June 2014 and ./Aziz_Fahmida_-_SoS_Decision_REDACTED_WEB_VERSION_3.pdf- January 2018; ./Aziz_Fahmida_-_SoS_Decision_REDACTED_WEB_VERSION_3.pdf- b. with respect to the penal notice she received as set out at allegation 1 ./Aziz_Fahmida_-_SoS_Decision_REDACTED_WEB_VERSION_3.pdf- above; ./Aziz_Fahmida_-_SoS_Decision_REDACTED_WEB_VERSION_3.pdf- c. by failing to inform the School that a member of her household: ./Aziz_Fahmida_-_SoS_Decision_REDACTED_WEB_VERSION_3.pdf: i. had been convicted of a sexual offence on or around 3 August 2015; ./Aziz_Fahmida_-_SoS_Decision_REDACTED_WEB_VERSION_3.pdf- ii. was named on the Sex Offender Register; ./Aziz_Fahmida_-_SoS_Decision_REDACTED_WEB_VERSION_3.pdf- d. within an application for special leave on or around 19 June 2014 by stating ./Aziz_Fahmida_-_SoS_Decision_REDACTED_WEB_VERSION_3.pdf- that the reason for her request was to attend court, which was untrue; ./Aziz_Fahmida_-_SoS_Decision_REDACTED_WEB_VERSION_3.pdf- 3. Her conduct as may be found proven at allegation 2 was dishonest and / or lacked ./Aziz_Fahmida_-_SoS_Decision_REDACTED_WEB_VERSION_3.pdf- integrity; ./Aziz_Fahmida_-_SoS_Decision_REDACTED_WEB_VERSION_3.pdf- 4. Her conduct as may be found proven at allegation 2(c) was contrary to the ./Aziz_Fahmida_-_SoS_Decision_REDACTED_WEB_VERSION_3.pdf- applicable ‘Keeping children safe in education: childcare disqualification ./Aziz_Fahmida_-_SoS_Decision_REDACTED_WEB_VERSION_3.pdf- requirements – supplementary advice’. ./Aziz_Fahmida_-_SoS_Decision_REDACTED_WEB_VERSION_3.pdf-In the absence of / non-response from Ms Aziz, the allegations, including those relating ./Aziz_Fahmida_-_SoS_Decision_REDACTED_WEB_VERSION_3.pdf-to unacceptable professional conduct and / or conduct that may bring the profession into -- ./Aziz_Fahmida_-_SoS_Decision_REDACTED_WEB_VERSION_3.pdf- ./Aziz_Fahmida_-_SoS_Decision_REDACTED_WEB_VERSION_3.pdf-The panel considered that the penalty notice for disorder was something that would have ./Aziz_Fahmida_-_SoS_Decision_REDACTED_WEB_VERSION_3.pdf-affected Ms Aziz’s suitability and therefore deemed it something which should have been ./Aziz_Fahmida_-_SoS_Decision_REDACTED_WEB_VERSION_3.pdf-disclosed immediately, in accordance with the requirements of the signed declaration. ./Aziz_Fahmida_-_SoS_Decision_REDACTED_WEB_VERSION_3.pdf- ./Aziz_Fahmida_-_SoS_Decision_REDACTED_WEB_VERSION_3.pdf-The panel therefore found that Ms Aziz failed to disclose relevant information and found ./Aziz_Fahmida_-_SoS_Decision_REDACTED_WEB_VERSION_3.pdf-allegation 2(b) proven. ./Aziz_Fahmida_-_SoS_Decision_REDACTED_WEB_VERSION_3.pdf- ./Aziz_Fahmida_-_SoS_Decision_REDACTED_WEB_VERSION_3.pdf- c. by failing to inform the School that a member of her household: ./Aziz_Fahmida_-_SoS_Decision_REDACTED_WEB_VERSION_3.pdf- ./Aziz_Fahmida_-_SoS_Decision_REDACTED_WEB_VERSION_3.pdf: i. had been convicted of a sexual offence on or around 3 August ./Aziz_Fahmida_-_SoS_Decision_REDACTED_WEB_VERSION_3.pdf- 2015; ./Aziz_Fahmida_-_SoS_Decision_REDACTED_WEB_VERSION_3.pdf- ./Aziz_Fahmida_-_SoS_Decision_REDACTED_WEB_VERSION_3.pdf- ii. was named on the Sex Offender Register; ./Aziz_Fahmida_-_SoS_Decision_REDACTED_WEB_VERSION_3.pdf- ./Aziz_Fahmida_-_SoS_Decision_REDACTED_WEB_VERSION_3.pdf-Again, the panel noted that in the declaration form signed by Ms Aziz on 19 January ./Aziz_Fahmida_-_SoS_Decision_REDACTED_WEB_VERSION_3.pdf-2015 she confirmed that she understood that she “must notify the headteacher (or an ./Aziz_Fahmida_-_SoS_Decision_REDACTED_WEB_VERSION_3.pdf-SLT member in his absence) of Bigland Green Primary School immediately of anything ./Aziz_Fahmida_-_SoS_Decision_REDACTED_WEB_VERSION_3.pdf-that affects [her] suitability including any cautions, warnings, convictions or other ./Aziz_Fahmida_-_SoS_Decision_REDACTED_WEB_VERSION_3.pdf-determinations made in respect of [her] or a member of [her] household that would ./Aziz_Fahmida_-_SoS_Decision_REDACTED_WEB_VERSION_3.pdf-render [her] disqualified from working with children”. ./Aziz_Fahmida_-_SoS_Decision_REDACTED_WEB_VERSION_3.pdf- ./Aziz_Fahmida_-_SoS_Decision_REDACTED_WEB_VERSION_3.pdf-The panel had sight of [REDACTED] certificate of conviction and a MAPPA information ./Aziz_Fahmida_-_SoS_Decision_REDACTED_WEB_VERSION_3.pdf-sharing document provided by the Metropolitan Police. These documents indicated that ./Aziz_Fahmida_-_SoS_Decision_REDACTED_WEB_VERSION_3.pdf:[REDACTED] had been convicted of a sexual offence and that he had been named on ./Aziz_Fahmida_-_SoS_Decision_REDACTED_WEB_VERSION_3.pdf:the sex offenders register for seven years. The panel acknowledged that the conviction ./Aziz_Fahmida_-_SoS_Decision_REDACTED_WEB_VERSION_3.pdf- ./Aziz_Fahmida_-_SoS_Decision_REDACTED_WEB_VERSION_3.pdf- ./Aziz_Fahmida_-_SoS_Decision_REDACTED_WEB_VERSION_3.pdf- 10 ./Aziz_Fahmida_-_SoS_Decision_REDACTED_WEB_VERSION_3.pdf- -- ./Aziz_Fahmida_-_SoS_Decision_REDACTED_WEB_VERSION_3.pdf-The panel also considered whether [REDACTED] was a member of her household. The ./Aziz_Fahmida_-_SoS_Decision_REDACTED_WEB_VERSION_3.pdf-panel noted that there was evidence to suggest that this was the case, including: an ./Aziz_Fahmida_-_SoS_Decision_REDACTED_WEB_VERSION_3.pdf-email from the Metropolitan Police which stated “I have confirmed another 2 addresses ./Aziz_Fahmida_-_SoS_Decision_REDACTED_WEB_VERSION_3.pdf-they have lived together” and the MAPPA document which stated “Numerous enquiries ./Aziz_Fahmida_-_SoS_Decision_REDACTED_WEB_VERSION_3.pdf-were carried out on both subject’s in order to find an address they were both residing as ./Aziz_Fahmida_-_SoS_Decision_REDACTED_WEB_VERSION_3.pdf-they were both giving” the same last address “as their current home address to all other ./Aziz_Fahmida_-_SoS_Decision_REDACTED_WEB_VERSION_3.pdf-agencies that dealt with them”. ./Aziz_Fahmida_-_SoS_Decision_REDACTED_WEB_VERSION_3.pdf- ./Aziz_Fahmida_-_SoS_Decision_REDACTED_WEB_VERSION_3.pdf-Accordingly, on the balance of probabilities, the panel found that Ms Aziz had failed to ./Aziz_Fahmida_-_SoS_Decision_REDACTED_WEB_VERSION_3.pdf-disclose relevant information to the School by failing to inform the School that a member ./Aziz_Fahmida_-_SoS_Decision_REDACTED_WEB_VERSION_3.pdf:of her household was a convicted sex offender who was on the sex offenders register. ./Aziz_Fahmida_-_SoS_Decision_REDACTED_WEB_VERSION_3.pdf-The panel had no reason to doubt that Ms Aziz was aware of the convictions and noted ./Aziz_Fahmida_-_SoS_Decision_REDACTED_WEB_VERSION_3.pdf-that Ms Aziz had actually attempted to visit [REDACTED] in prison. ./Aziz_Fahmida_-_SoS_Decision_REDACTED_WEB_VERSION_3.pdf- ./Aziz_Fahmida_-_SoS_Decision_REDACTED_WEB_VERSION_3.pdf-Therefore, the panel found allegation 2(c) proven. ./Aziz_Fahmida_-_SoS_Decision_REDACTED_WEB_VERSION_3.pdf- ./Aziz_Fahmida_-_SoS_Decision_REDACTED_WEB_VERSION_3.pdf- d. within an application for special leave on or around 19 June 2014 by ./Aziz_Fahmida_-_SoS_Decision_REDACTED_WEB_VERSION_3.pdf- stating that the reason for her request was to attend court, which was ./Aziz_Fahmida_-_SoS_Decision_REDACTED_WEB_VERSION_3.pdf- untrue; ./Aziz_Fahmida_-_SoS_Decision_REDACTED_WEB_VERSION_3.pdf- ./Aziz_Fahmida_-_SoS_Decision_REDACTED_WEB_VERSION_3.pdf-The panel was taken to Ms Aziz’s request for a special leave of absence and noted that -- ./Aziz_Fahmida_-_SoS_Decision_REDACTED_WEB_VERSION_3.pdf-In the light of the panel’s findings against Ms Aziz, which involved shoplifting, dishonesty ./Aziz_Fahmida_-_SoS_Decision_REDACTED_WEB_VERSION_3.pdf-and a failure to provide relevant information, there was a strong public interest ./Aziz_Fahmida_-_SoS_Decision_REDACTED_WEB_VERSION_3.pdf-consideration in respect of the protection of pupils, given that Ms Aziz had failed to ./Aziz_Fahmida_-_SoS_Decision_REDACTED_WEB_VERSION_3.pdf:disclose the fact that a member of her household had committed sexual offences on an ./Aziz_Fahmida_-_SoS_Decision_REDACTED_WEB_VERSION_3.pdf-adult over the age of 18. ./Aziz_Fahmida_-_SoS_Decision_REDACTED_WEB_VERSION_3.pdf- ./Aziz_Fahmida_-_SoS_Decision_REDACTED_WEB_VERSION_3.pdf-Similarly, the panel considered that public confidence in the profession could be seriously ./Aziz_Fahmida_-_SoS_Decision_REDACTED_WEB_VERSION_3.pdf-weakened if conduct such as that found against Ms Aziz were not treated with the utmost ./Aziz_Fahmida_-_SoS_Decision_REDACTED_WEB_VERSION_3.pdf-seriousness when regulating the conduct of the profession. ./Aziz_Fahmida_-_SoS_Decision_REDACTED_WEB_VERSION_3.pdf- ./Aziz_Fahmida_-_SoS_Decision_REDACTED_WEB_VERSION_3.pdf-The panel was of the view that a strong public interest consideration in declaring proper ./Aziz_Fahmida_-_SoS_Decision_REDACTED_WEB_VERSION_3.pdf-standards of conduct in the profession was also present as the conduct found against Ms ./Aziz_Fahmida_-_SoS_Decision_REDACTED_WEB_VERSION_3.pdf-Aziz was outside that which could reasonably be tolerated. ./Aziz_Fahmida_-_SoS_Decision_REDACTED_WEB_VERSION_3.pdf- ./Baker__Simon_S_of_S_Decision_Redacted.pdf-It was alleged that Mr Baker was guilty of having been convicted of a relevant offence, in ./Baker__Simon_S_of_S_Decision_Redacted.pdf-that: ./Baker__Simon_S_of_S_Decision_Redacted.pdf- ./Baker__Simon_S_of_S_Decision_Redacted.pdf-1. On 10 January 2020, at lsle of Wight Magistrates' Court, he was convicted of: ./Baker__Simon_S_of_S_Decision_Redacted.pdf- a) i. Four counts of 'Making indecent photograph or pseudo photograph of children on ./Baker__Simon_S_of_S_Decision_Redacted.pdf- 01/01/10 - 24/04/19', contrary to the Protection of Children Act 1978 s'1(a); ./Baker__Simon_S_of_S_Decision_Redacted.pdf- ./Baker__Simon_S_of_S_Decision_Redacted.pdf- ii. Two counts of 'Making indecent photograph or pseudo photograph of children on ./Baker__Simon_S_of_S_Decision_Redacted.pdf- 01/10/10 – 24/04/19’, contrary to the Protection of Children Act 1978 s.1 (a); ./Baker__Simon_S_of_S_Decision_Redacted.pdf- ./Baker__Simon_S_of_S_Decision_Redacted.pdf: b) One count of 'Possession of extreme pornographic images - of intercourse/oral sex ./Baker__Simon_S_of_S_Decision_Redacted.pdf- with dead/alive animal on 01/10/10 – 24/04/19', contrary to the Criminal Justice and ./Baker__Simon_S_of_S_Decision_Redacted.pdf- lmmigration Act 2008 s.63(1)(7)(d). ./Baker__Simon_S_of_S_Decision_Redacted.pdf- ./Baker__Simon_S_of_S_Decision_Redacted.pdf-2. On 7 February 2020, at Newport (lsle of Wight) Crown Court, he was sentenced to: ./Baker__Simon_S_of_S_Decision_Redacted.pdf- a) imprisonment for 24 months wholly suspended for 24 months; ./Baker__Simon_S_of_S_Decision_Redacted.pdf- ./Baker__Simon_S_of_S_Decision_Redacted.pdf- b) an unpaid work requirement; ./Baker__Simon_S_of_S_Decision_Redacted.pdf- ./Baker__Simon_S_of_S_Decision_Redacted.pdf- c) a rehabilitation activity requirement; ./Baker__Simon_S_of_S_Decision_Redacted.pdf- -- ./Baker__Simon_S_of_S_Decision_Redacted.pdf-allegation(s) to be considered without a hearing. The panel had the ability to direct that ./Baker__Simon_S_of_S_Decision_Redacted.pdf-the case be considered at a hearing if required in the interests of justice or in the public ./Baker__Simon_S_of_S_Decision_Redacted.pdf-interest. The panel did not determine that such a direction was necessary or appropriate ./Baker__Simon_S_of_S_Decision_Redacted.pdf-in this case. ./Baker__Simon_S_of_S_Decision_Redacted.pdf- ./Baker__Simon_S_of_S_Decision_Redacted.pdf-Mr Baker was employed at the School from January 2016 as a Teacher of Science. ./Baker__Simon_S_of_S_Decision_Redacted.pdf- ./Baker__Simon_S_of_S_Decision_Redacted.pdf-Mr Baker was arrested by Hampshire Constabulary on 24 April 2019 and was suspended ./Baker__Simon_S_of_S_Decision_Redacted.pdf-from work on the same day. He was charged on 11 December 2019 with six offences of ./Baker__Simon_S_of_S_Decision_Redacted.pdf-making indecent images of children and one offence of possession of extreme ./Baker__Simon_S_of_S_Decision_Redacted.pdf:pornographic images. ./Baker__Simon_S_of_S_Decision_Redacted.pdf- ./Baker__Simon_S_of_S_Decision_Redacted.pdf-He pleaded guilty to, and was convicted of, the charges on 10 January 2020 at the Isle of ./Baker__Simon_S_of_S_Decision_Redacted.pdf-Wight Magistrates Court. ./Baker__Simon_S_of_S_Decision_Redacted.pdf- ./Baker__Simon_S_of_S_Decision_Redacted.pdf-On 24 January 2020, the School commenced its disciplinary investigation and Mr Baker ./Baker__Simon_S_of_S_Decision_Redacted.pdf-was interviewed by the School on 30 January 2020. ./Baker__Simon_S_of_S_Decision_Redacted.pdf- ./Baker__Simon_S_of_S_Decision_Redacted.pdf-On 7 February 2020, Mr Baker was sentenced at Newport (IOW) Crown Court. He ./Baker__Simon_S_of_S_Decision_Redacted.pdf-attended a disciplinary hearing at the School on the same day. ./Baker__Simon_S_of_S_Decision_Redacted.pdf- -- ./Baker__Simon_S_of_S_Decision_Redacted.pdf-You have been convicted, at any time, of a relevant offence, in that: ./Baker__Simon_S_of_S_Decision_Redacted.pdf- ./Baker__Simon_S_of_S_Decision_Redacted.pdf-1. On 10 January 2020, at lsle of Wight Magistrates' Court, you were convicted of: ./Baker__Simon_S_of_S_Decision_Redacted.pdf- ./Baker__Simon_S_of_S_Decision_Redacted.pdf-a) i. Four counts of 'Making indecent photograph or pseudo photograph of children ./Baker__Simon_S_of_S_Decision_Redacted.pdf-on 01/01/10 - 24/04/19', contrary to the Protection of Children Act 1978 s.1(a); ./Baker__Simon_S_of_S_Decision_Redacted.pdf- ./Baker__Simon_S_of_S_Decision_Redacted.pdf-ii. Two counts of 'Making indecent photograph or pseudo photograph of children ./Baker__Simon_S_of_S_Decision_Redacted.pdf-on 01/10/10 – 24/04/19',contrary to the Protection of Children Act 1978 s.1 (a); ./Baker__Simon_S_of_S_Decision_Redacted.pdf- ./Baker__Simon_S_of_S_Decision_Redacted.pdf:b) One count of 'Possession of extreme pornographic images - of intercourse/oral ./Baker__Simon_S_of_S_Decision_Redacted.pdf:sex with dead/alive animal on 01/10/10 – 24/04/19', contrary to the Criminal Justice ./Baker__Simon_S_of_S_Decision_Redacted.pdf-and lmmigration Act 2008 s.63(1)(7)(d). ./Baker__Simon_S_of_S_Decision_Redacted.pdf- ./Baker__Simon_S_of_S_Decision_Redacted.pdf-This allegation was admitted and supported by the evidence presented to the panel, in ./Baker__Simon_S_of_S_Decision_Redacted.pdf-particular the Statement of Agreed Facts signed by Mr Baker, a Committal Record Sheet ./Baker__Simon_S_of_S_Decision_Redacted.pdf-recording the convictions, and a transcript of the sentencing remarks made by ./Baker__Simon_S_of_S_Decision_Redacted.pdf-[REDACTED] (Isle of Wight) Crown Court in relation to the convictions. ./Baker__Simon_S_of_S_Decision_Redacted.pdf- ./Baker__Simon_S_of_S_Decision_Redacted.pdf-There was no evidence put before the panel which suggested that there was not a ./Baker__Simon_S_of_S_Decision_Redacted.pdf-conviction as alleged. The allegation was therefore found proved. ./Baker__Simon_S_of_S_Decision_Redacted.pdf- -- ./Baker__Simon_S_of_S_Decision_Redacted.pdf-The panel noted that, as found proven in relation to allegation 2, Mr Baker’s behaviour ./Baker__Simon_S_of_S_Decision_Redacted.pdf-ultimately led to a sentence of imprisonment (albeit that it was suspended), which was ./Baker__Simon_S_of_S_Decision_Redacted.pdf-indicative of the seriousness of the offences committed. The sentencing judge had ./Baker__Simon_S_of_S_Decision_Redacted.pdf-described the offence as “very, very, serious”, involving possession of 9,000 or more ./Baker__Simon_S_of_S_Decision_Redacted.pdf-images over of a period of nine years. Mr Baker had also been made subject to a 10-year ./Baker__Simon_S_of_S_Decision_Redacted.pdf:sexual harm prevention order and placed on the sex offenders’ register for 10 years. ./Baker__Simon_S_of_S_Decision_Redacted.pdf- ./Baker__Simon_S_of_S_Decision_Redacted.pdf-In addition, this was a case involving an offence of “activity involving viewing, taking, ./Baker__Simon_S_of_S_Decision_Redacted.pdf-making, possessing, distributing or publishing any indecent photograph or image or ./Baker__Simon_S_of_S_Decision_Redacted.pdf-pseudo photograph or image of a child, or permitting any such activity, including one-off ./Baker__Simon_S_of_S_Decision_Redacted.pdf-incidents” which the Advice states is likely to be considered a relevant offence. ./Baker__Simon_S_of_S_Decision_Redacted.pdf- ./Baker__Simon_S_of_S_Decision_Redacted.pdf-The panel was not presented with any evidence of mitigating circumstances other than ./Baker__Simon_S_of_S_Decision_Redacted.pdf-the fact that Mr Baker had pleaded guilty to the criminal charges and the comments ./Baker__Simon_S_of_S_Decision_Redacted.pdf-made by the sentencing judge that Mr Baker had no previous convictions and was sorry ./Baker__Simon_S_of_S_Decision_Redacted.pdf-for what he had done. There was no evidence put before the panel of Mr Baker’s record -- ./Baker__Simon_S_of_S_Decision_Redacted.pdf-relevant in this case: ./Baker__Simon_S_of_S_Decision_Redacted.pdf- ./Baker__Simon_S_of_S_Decision_Redacted.pdf- serious departure from the personal and professional conduct elements of the ./Baker__Simon_S_of_S_Decision_Redacted.pdf- Teachers’ Standards; ./Baker__Simon_S_of_S_Decision_Redacted.pdf- ./Baker__Simon_S_of_S_Decision_Redacted.pdf- the commission of a serious criminal offence; ./Baker__Simon_S_of_S_Decision_Redacted.pdf- ./Baker__Simon_S_of_S_Decision_Redacted.pdf- misconduct seriously affecting the education and/or safeguarding and well-being of ./Baker__Simon_S_of_S_Decision_Redacted.pdf- pupils, and particularly where there is a continuing risk; ./Baker__Simon_S_of_S_Decision_Redacted.pdf- ./Baker__Simon_S_of_S_Decision_Redacted.pdf: sexual misconduct; ./Baker__Simon_S_of_S_Decision_Redacted.pdf- ./Baker__Simon_S_of_S_Decision_Redacted.pdf- any activity involving viewing, taking, making, possessing, distributing, or publishing ./Baker__Simon_S_of_S_Decision_Redacted.pdf- any indecent photograph or image, or indecent pseudo photograph or image, of a ./Baker__Simon_S_of_S_Decision_Redacted.pdf- child, or permitting such activity, including one-off incidents; and ./Baker__Simon_S_of_S_Decision_Redacted.pdf- ./Baker__Simon_S_of_S_Decision_Redacted.pdf- a deep-seated attitude that leads to harmful behaviour. ./Baker__Simon_S_of_S_Decision_Redacted.pdf- ./Baker__Simon_S_of_S_Decision_Redacted.pdf-Even though the behaviour found proved in this case indicated that a prohibition order ./Baker__Simon_S_of_S_Decision_Redacted.pdf-would be appropriate, the panel went on to consider the mitigating factors. Mitigating ./Baker__Simon_S_of_S_Decision_Redacted.pdf-factors may indicate that a prohibition order would not be appropriate or proportionate. -- ./Baker__Simon_S_of_S_Decision_Redacted.pdf-effect. ./Baker__Simon_S_of_S_Decision_Redacted.pdf- ./Baker__Simon_S_of_S_Decision_Redacted.pdf-The panel went on to consider whether or not it would be appropriate to recommend that ./Baker__Simon_S_of_S_Decision_Redacted.pdf-a review period of the order should be considered. The panel was mindful that the Advice ./Baker__Simon_S_of_S_Decision_Redacted.pdf-states that a prohibition order applies for life, but there may be circumstances, in any ./Baker__Simon_S_of_S_Decision_Redacted.pdf-given case, that may make it appropriate to allow a teacher to apply to have the ./Baker__Simon_S_of_S_Decision_Redacted.pdf-prohibition order reviewed after a specified period of time that may not be less than 2 ./Baker__Simon_S_of_S_Decision_Redacted.pdf-years. ./Baker__Simon_S_of_S_Decision_Redacted.pdf- ./Baker__Simon_S_of_S_Decision_Redacted.pdf-The Advice indicates that there are behaviours that, if proved, would militate against the ./Baker__Simon_S_of_S_Decision_Redacted.pdf:recommendation of a review period. These behaviours include serious sexual ./Baker__Simon_S_of_S_Decision_Redacted.pdf-misconduct relating to children, and any activity involving viewing, taking, making, ./Baker__Simon_S_of_S_Decision_Redacted.pdf-possessing, distributing or publishing any indecent photograph or image or pseudo ./Baker__Simon_S_of_S_Decision_Redacted.pdf-photograph or image of a child. The panel found that Mr Baker was responsible for ./Baker__Simon_S_of_S_Decision_Redacted.pdf-repeated behaviour of this nature over a significant period of time, resulting in the ./Baker__Simon_S_of_S_Decision_Redacted.pdf-possession of approximately 9000 indecent images relating to vulnerable young children. ./Baker__Simon_S_of_S_Decision_Redacted.pdf- ./Baker__Simon_S_of_S_Decision_Redacted.pdf-Although the panel took note of the sentencing judge’s remarks relating to the teacher’s ./Baker__Simon_S_of_S_Decision_Redacted.pdf-remorse, and his cooperative attitude towards the TRA proceedings, the panel regarded ./Baker__Simon_S_of_S_Decision_Redacted.pdf-the aggravating factors to be particularly significant in this case. The panel had not been ./Baker__Simon_S_of_S_Decision_Redacted.pdf-presented with any evidence as to the teacher seeking to address his behaviours other -- ./Baker__Simon_S_of_S_Decision_Redacted.pdf-in the profession. ./Baker__Simon_S_of_S_Decision_Redacted.pdf- ./Baker__Simon_S_of_S_Decision_Redacted.pdf-For these reasons, I have concluded that a prohibition order is proportionate and in the ./Baker__Simon_S_of_S_Decision_Redacted.pdf-public interest in order to achieve the intended aims of a prohibition order. ./Baker__Simon_S_of_S_Decision_Redacted.pdf- ./Baker__Simon_S_of_S_Decision_Redacted.pdf-I have gone on to consider the matter of a review period. In this case, the panel has ./Baker__Simon_S_of_S_Decision_Redacted.pdf-recommended that no provision should be made for a review period. ./Baker__Simon_S_of_S_Decision_Redacted.pdf- ./Baker__Simon_S_of_S_Decision_Redacted.pdf-I have considered the panel’s comments, “The Advice indicates that there are behaviours ./Baker__Simon_S_of_S_Decision_Redacted.pdf-that, if proved, would militate against the recommendation of a review period. These ./Baker__Simon_S_of_S_Decision_Redacted.pdf:behaviours include serious sexual misconduct relating to children, and any activity ./Baker__Simon_S_of_S_Decision_Redacted.pdf-involving viewing, taking, making, possessing, distributing or publishing any indecent ./Baker__Simon_S_of_S_Decision_Redacted.pdf-photograph or image or pseudo photograph or image of a child. The panel found that Mr ./Baker__Simon_S_of_S_Decision_Redacted.pdf-Baker was responsible for repeated behaviour of this nature….” ./Baker__Simon_S_of_S_Decision_Redacted.pdf- ./Baker__Simon_S_of_S_Decision_Redacted.pdf-I have considered whether allowing for no review reflects the seriousness of the findings ./Baker__Simon_S_of_S_Decision_Redacted.pdf-and is proportionate period to achieve the aim of maintaining public confidence in the ./Baker__Simon_S_of_S_Decision_Redacted.pdf-profession. In this case, the factors which mean that allowing for no review is necessary ./Baker__Simon_S_of_S_Decision_Redacted.pdf-are the serious nature of the conviction and the lack of full insight or remorse. ./Baker__Simon_S_of_S_Decision_Redacted.pdf- ./Baker__Simon_S_of_S_Decision_Redacted.pdf-I consider therefore that allowing for no review period is necessary to maintain public ./barber_C_15663_-_Web_decision.pdf- ./barber_C_15663_-_Web_decision.pdf- ./barber_C_15663_-_Web_decision.pdf-B. Allegations ./barber_C_15663_-_Web_decision.pdf-The panel considered the allegations set out in the Notice of Meeting dated 13 February ./barber_C_15663_-_Web_decision.pdf-2018. ./barber_C_15663_-_Web_decision.pdf- ./barber_C_15663_-_Web_decision.pdf-It was alleged that Ms Barber was guilty of unacceptable professional conduct and/or ./barber_C_15663_-_Web_decision.pdf-conduct that may bring the profession into disrepute in that, whilst employed at a school ./barber_C_15663_-_Web_decision.pdf-in the Midlands between September 2010 and 15 July 2016: ./barber_C_15663_-_Web_decision.pdf- ./barber_C_15663_-_Web_decision.pdf:1. She exchanged sexually explicit messages with Individual Z on one or more ./barber_C_15663_-_Web_decision.pdf- occasions ./barber_C_15663_-_Web_decision.pdf- ./barber_C_15663_-_Web_decision.pdf- ./barber_C_15663_-_Web_decision.pdf- 3 ./barber_C_15663_-_Web_decision.pdf- -- ./barber_C_15663_-_Web_decision.pdf- a. whilst she was teaching and/or had pupil(s) in her care; ./barber_C_15663_-_Web_decision.pdf- ./barber_C_15663_-_Web_decision.pdf: b. including messages which referred to sexual fantasies in relation to: ./barber_C_15663_-_Web_decision.pdf- ./barber_C_15663_-_Web_decision.pdf- i. Child A; ./barber_C_15663_-_Web_decision.pdf- ./barber_C_15663_-_Web_decision.pdf- ii. animals. ./barber_C_15663_-_Web_decision.pdf- ./barber_C_15663_-_Web_decision.pdf:2. She sent photographs and/or video footage of Child A to Individual Z for his sexual ./barber_C_15663_-_Web_decision.pdf- gratification. ./barber_C_15663_-_Web_decision.pdf- ./barber_C_15663_-_Web_decision.pdf:3. Her conduct as may be found proved at 1 and/or 2 above was conduct of a sexual ./barber_C_15663_-_Web_decision.pdf: nature and/or was conduct which facilitated the sexual motivation of another. ./barber_C_15663_-_Web_decision.pdf- ./barber_C_15663_-_Web_decision.pdf-Ms Barber admitted the facts of all of the allegations and that her conduct amounted to ./barber_C_15663_-_Web_decision.pdf-unacceptable professional conduct and conduct that may bring the profession into ./barber_C_15663_-_Web_decision.pdf-disrepute. ./barber_C_15663_-_Web_decision.pdf- ./barber_C_15663_-_Web_decision.pdf- ./barber_C_15663_-_Web_decision.pdf-Preliminary applications ./barber_C_15663_-_Web_decision.pdf-There were no preliminary applications. ./barber_C_15663_-_Web_decision.pdf- ./barber_C_15663_-_Web_decision.pdf- -- ./barber_C_15663_-_Web_decision.pdf-this case. ./barber_C_15663_-_Web_decision.pdf- ./barber_C_15663_-_Web_decision.pdf-Ms Barber had been employed at a school between 1 September 2010 and 15 July 2016, ./barber_C_15663_-_Web_decision.pdf-when she was dismissed as a result of the matters set out in the allegations. ./barber_C_15663_-_Web_decision.pdf- ./barber_C_15663_-_Web_decision.pdf-These allegations came to light as a result of a police investigation, in the course of ./barber_C_15663_-_Web_decision.pdf-which Ms Barber was interviewed. Ms Barber was neither prosecuted for, nor convicted ./barber_C_15663_-_Web_decision.pdf-of, any criminal offences. However the matters being investigated by the police resulted ./barber_C_15663_-_Web_decision.pdf-in Ms Barber being referred to the National College. ./barber_C_15663_-_Web_decision.pdf- ./barber_C_15663_-_Web_decision.pdf:In or around 2011, Ms Barber had commenced a sexual relationship with Individual Z, ./barber_C_15663_-_Web_decision.pdf-who had no connection with her teaching role or employer (page 146 of the Bundle). As ./barber_C_15663_-_Web_decision.pdf-this relationship developed, but more particularly in the months before her interview by ./barber_C_15663_-_Web_decision.pdf:the police in March 2016, Ms Barber exchanged sexually explicit messages with ./barber_C_15663_-_Web_decision.pdf-Individual Z and did so whilst working at the school. ./barber_C_15663_-_Web_decision.pdf- ./barber_C_15663_-_Web_decision.pdf-However, the messages themselves did not directly relate to teaching or indeed to pupils ./barber_C_15663_-_Web_decision.pdf:at the school. Ms Barber admits that her actions were of a sexual nature and facilitated ./barber_C_15663_-_Web_decision.pdf:the sexual motivation of individual Z. ./barber_C_15663_-_Web_decision.pdf- ./barber_C_15663_-_Web_decision.pdf:Ms Barber also sent images of Child A to Individual Z for his sexual gratification, and, ./barber_C_15663_-_Web_decision.pdf-whilst the images themselves were not indecent in nature, Ms Barber accepts that by her ./barber_C_15663_-_Web_decision.pdf:actions she was facilitating the sexual motivations of another in relation to a child. ./barber_C_15663_-_Web_decision.pdf- ./barber_C_15663_-_Web_decision.pdf-Findings of fact ./barber_C_15663_-_Web_decision.pdf-Our findings of fact are as follows. The allegations have been admitted and the ./barber_C_15663_-_Web_decision.pdf-admission is consistent with the evidence in the case. ./barber_C_15663_-_Web_decision.pdf- ./barber_C_15663_-_Web_decision.pdf-The panel has found the following particulars of the allegations against you proven, for ./barber_C_15663_-_Web_decision.pdf-these reasons: ./barber_C_15663_-_Web_decision.pdf- ./barber_C_15663_-_Web_decision.pdf- ./barber_C_15663_-_Web_decision.pdf- -- ./barber_C_15663_-_Web_decision.pdf-Whilst employed as a class teacher at a school in the Midlands between September ./barber_C_15663_-_Web_decision.pdf-2010 and 15 July 2016 : ./barber_C_15663_-_Web_decision.pdf- ./barber_C_15663_-_Web_decision.pdf:1. you exchanged sexually explicit messages with Individual Z on one or more ./barber_C_15663_-_Web_decision.pdf- occasions; ./barber_C_15663_-_Web_decision.pdf- ./barber_C_15663_-_Web_decision.pdf- a. whilst you were teaching and/or had pupil(s) in your care; ./barber_C_15663_-_Web_decision.pdf- ./barber_C_15663_-_Web_decision.pdf: b. including messages which referred to sexual fantasies in relation to: ./barber_C_15663_-_Web_decision.pdf- ./barber_C_15663_-_Web_decision.pdf- i. Child A; ./barber_C_15663_-_Web_decision.pdf- ./barber_C_15663_-_Web_decision.pdf- ii. animals. ./barber_C_15663_-_Web_decision.pdf- ./barber_C_15663_-_Web_decision.pdf-Ms Barber admitted the facts of this allegation. The evidence considered by the panel ./barber_C_15663_-_Web_decision.pdf-was consistent with the admission. ./barber_C_15663_-_Web_decision.pdf- ./barber_C_15663_-_Web_decision.pdf-Ms Barber accepted that the messages exchanged with Individual Z, which included ./barber_C_15663_-_Web_decision.pdf:messages sent by her, were sexually explicit, and that some of them had been sent ./barber_C_15663_-_Web_decision.pdf-whilst she had teaching responsibilities and had pupils in her care. In particular, there are ./barber_C_15663_-_Web_decision.pdf-examples of dozens of messages both sent and received by Ms Barber, some of which ./barber_C_15663_-_Web_decision.pdf-were sent during teaching hours. Indeed, in some of the messages Ms Barber refers to ./barber_C_15663_-_Web_decision.pdf-being surrounded by children (page 251). Accordingly, in light of the admissions made ./barber_C_15663_-_Web_decision.pdf-and the evidence, the panel found the facts of allegation 1(a) proved. ./barber_C_15663_-_Web_decision.pdf- ./barber_C_15663_-_Web_decision.pdf:Ms Barber accepted that the messages exchanged with Individual Z referred to sexual ./barber_C_15663_-_Web_decision.pdf-fantasies in relation to Child A and animals. Accordingly, in light of the admission made ./barber_C_15663_-_Web_decision.pdf-and the evidence, the panel found the facts of allegation 1(b)(i) and 1(b)(ii) proved. ./barber_C_15663_-_Web_decision.pdf- ./barber_C_15663_-_Web_decision.pdf-2. You sent photographs and/or video footage of Child A to Individual Z for his ./barber_C_15663_-_Web_decision.pdf: sexual gratification. ./barber_C_15663_-_Web_decision.pdf- ./barber_C_15663_-_Web_decision.pdf-Ms Barber admitted the facts of this allegation. The evidence considered by the panel ./barber_C_15663_-_Web_decision.pdf-was consistent with the admission. ./barber_C_15663_-_Web_decision.pdf- ./barber_C_15663_-_Web_decision.pdf-Ms Barber accepted that the photographs and video footage of Child A were sent to ./barber_C_15663_-_Web_decision.pdf:Individual Z for his sexual gratification. Indeed, a number of the contemporaneous and ./barber_C_15663_-_Web_decision.pdf-associated messages exchanged between Individual Z and Ms Barber confirm that ./barber_C_15663_-_Web_decision.pdf:Individual Z was using the images for his own sexual gratification. ./barber_C_15663_-_Web_decision.pdf- ./barber_C_15663_-_Web_decision.pdf-Accordingly, in light of the admission made and the evidence, the panel found the facts of ./barber_C_15663_-_Web_decision.pdf-allegation 2 proved. ./barber_C_15663_-_Web_decision.pdf- ./barber_C_15663_-_Web_decision.pdf-3. Your conduct as may be found proved at 1 and/or 2 above was conduct of a ./barber_C_15663_-_Web_decision.pdf: sexual nature and/or was conduct which facilitated the sexual motivation of ./barber_C_15663_-_Web_decision.pdf- another. ./barber_C_15663_-_Web_decision.pdf- ./barber_C_15663_-_Web_decision.pdf- ./barber_C_15663_-_Web_decision.pdf- ./barber_C_15663_-_Web_decision.pdf- 6 ./barber_C_15663_-_Web_decision.pdf- -- ./barber_C_15663_-_Web_decision.pdf-Ms Barber admitted the facts of this allegation. The evidence considered by the panel, in ./barber_C_15663_-_Web_decision.pdf-particular the transcripts of the text messages and the police interviews, were consistent ./barber_C_15663_-_Web_decision.pdf-with the admission. ./barber_C_15663_-_Web_decision.pdf- ./barber_C_15663_-_Web_decision.pdf-Ms Barber accepted that the conduct admitted at allegations 1 and 2 was conduct of a ./barber_C_15663_-_Web_decision.pdf:sexual nature and was conduct which facilitated the sexual motivation of another, namely ./barber_C_15663_-_Web_decision.pdf-Individual Z, in relation to both a child and animals. ./barber_C_15663_-_Web_decision.pdf- ./barber_C_15663_-_Web_decision.pdf:Ms Barber admitted allegation 3, but only on the basis that her own conduct was sexually ./barber_C_15663_-_Web_decision.pdf-motivated in relation to Individual Z alone. ./barber_C_15663_-_Web_decision.pdf- ./barber_C_15663_-_Web_decision.pdf-The panel considered this issue carefully and accepted that Ms Barber's conduct was ./barber_C_15663_-_Web_decision.pdf:motivated by a desire to gratify Individual Z and that she did so by facilitating his sexual ./barber_C_15663_-_Web_decision.pdf-motivation towards a child as well as to animals. These actions were committed by virtue ./barber_C_15663_-_Web_decision.pdf:of the particulars set out in allegations 1 and 2, namely through sexually explicit ./barber_C_15663_-_Web_decision.pdf-messages sent whilst Ms Barber was teaching and/or had pupils in her care, and at other ./barber_C_15663_-_Web_decision.pdf:times, and in the course of which references were made to explicit sexual fantasies ./barber_C_15663_-_Web_decision.pdf-relating to a child and animals. Accordingly, in light of the admission made and the ./barber_C_15663_-_Web_decision.pdf-evidence, the panel found the facts of allegation 3 proved. ./barber_C_15663_-_Web_decision.pdf- ./barber_C_15663_-_Web_decision.pdf-The panel considers the admitted conduct to be of the utmost gravity. ./barber_C_15663_-_Web_decision.pdf- ./barber_C_15663_-_Web_decision.pdf-Findings as to unacceptable professional conduct and/or conduct that ./barber_C_15663_-_Web_decision.pdf-may bring the profession into disrepute ./barber_C_15663_-_Web_decision.pdf-Having found all allegations proven, the panel has gone on to consider whether the facts ./barber_C_15663_-_Web_decision.pdf-of those allegations amount to unacceptable professional conduct and/or conduct that ./barber_C_15663_-_Web_decision.pdf-may bring the profession into disrepute. -- ./barber_C_15663_-_Web_decision.pdf-The panel is satisfied that the conduct of Ms Barber amounts to misconduct of a serious ./barber_C_15663_-_Web_decision.pdf-nature which fell significantly short of the standards expected of the profession. Ms ./barber_C_15663_-_Web_decision.pdf-Barber's conduct represents a wholesale departure from the principles and guidance ./barber_C_15663_-_Web_decision.pdf-which relate to safeguarding. ./barber_C_15663_-_Web_decision.pdf- ./barber_C_15663_-_Web_decision.pdf-The panel has also considered whether Ms Barber's conduct displayed behaviours ./barber_C_15663_-_Web_decision.pdf-associated with any of the offences listed on pages 8 and 9 of the Advice. ./barber_C_15663_-_Web_decision.pdf- ./barber_C_15663_-_Web_decision.pdf-Ms Barber was neither prosecuted nor convicted of any criminal offence. However, the ./barber_C_15663_-_Web_decision.pdf-panel was of the view that Ms Barber has, by virtue of her admitted conduct, displayed ./barber_C_15663_-_Web_decision.pdf:behaviour which is associated with sexual offences. ./barber_C_15663_-_Web_decision.pdf- ./barber_C_15663_-_Web_decision.pdf-The Advice indicates that where behaviours associated with such an offence exist, a ./barber_C_15663_-_Web_decision.pdf-panel is likely to conclude that an individual’s conduct would amount to unacceptable ./barber_C_15663_-_Web_decision.pdf-professional conduct. ./barber_C_15663_-_Web_decision.pdf- ./barber_C_15663_-_Web_decision.pdf-The panel notes that a number of the actions to which the allegations relate took place ./barber_C_15663_-_Web_decision.pdf-outside an educational setting. However, some of the actions took place within an ./barber_C_15663_-_Web_decision.pdf-educational setting. ./barber_C_15663_-_Web_decision.pdf- ./barber_C_15663_-_Web_decision.pdf-The panel was of the view that the conduct displayed, both inside and outside school, ./barber_C_15663_-_Web_decision.pdf-affects the way Ms Barber would be expected to fulfil her teaching role and may lead to ./barber_C_15663_-_Web_decision.pdf-pupils being exposed to or influenced by her behaviour in a harmful way. However, in ./barber_C_15663_-_Web_decision.pdf:particular, by exchanging sexually explicit messages in proximity to pupils there was a ./barber_C_15663_-_Web_decision.pdf-significant risk that pupils could have been exposed to harmful material. ./barber_C_15663_-_Web_decision.pdf- ./barber_C_15663_-_Web_decision.pdf-Accordingly, the panel is satisfied that Ms Barber is guilty of unacceptable professional ./barber_C_15663_-_Web_decision.pdf-conduct. ./barber_C_15663_-_Web_decision.pdf- ./barber_C_15663_-_Web_decision.pdf-The panel has taken into account how the teaching profession is viewed by others and ./barber_C_15663_-_Web_decision.pdf-considered the influence that teachers may have on pupils, parents and others in the ./barber_C_15663_-_Web_decision.pdf-community. The panel has taken account of the uniquely influential role that teachers can ./barber_C_15663_-_Web_decision.pdf-hold in pupils’ lives and that pupils must be able to view teachers as role models in the ./barber_C_15663_-_Web_decision.pdf-way they behave. -- ./barber_C_15663_-_Web_decision.pdf-given in order to be punitive, or to show that blame has been apportioned, although they ./barber_C_15663_-_Web_decision.pdf-are likely to have punitive effect. ./barber_C_15663_-_Web_decision.pdf- ./barber_C_15663_-_Web_decision.pdf-The panel has considered the particular public interest considerations set out in the ./barber_C_15663_-_Web_decision.pdf-Advice and having done so has found a number of them to be relevant in this case, ./barber_C_15663_-_Web_decision.pdf-namely: the protection of pupils; the protection of other members of the public; the ./barber_C_15663_-_Web_decision.pdf-maintenance of public confidence in the profession and declaring and upholding proper ./barber_C_15663_-_Web_decision.pdf-standards of conduct. ./barber_C_15663_-_Web_decision.pdf- ./barber_C_15663_-_Web_decision.pdf-In light of the panel’s findings against Ms Barber, which involved very serious actions of a ./barber_C_15663_-_Web_decision.pdf:sexual nature which put pupils at risk of exposure to harmful and sexually explicit ./barber_C_15663_-_Web_decision.pdf-content, there is a strong public interest consideration in respect of the protection of ./barber_C_15663_-_Web_decision.pdf-pupils. ./barber_C_15663_-_Web_decision.pdf- ./barber_C_15663_-_Web_decision.pdf-Similarly, the panel considers that public confidence in the profession would be seriously ./barber_C_15663_-_Web_decision.pdf-weakened if conduct such as that found against Ms Barber were not treated with the ./barber_C_15663_-_Web_decision.pdf-utmost seriousness when regulating the conduct of the profession. ./barber_C_15663_-_Web_decision.pdf- ./barber_C_15663_-_Web_decision.pdf-The panel considered that a strong public interest consideration in declaring proper ./barber_C_15663_-_Web_decision.pdf-standards of conduct in the profession was also present as the conduct found against Ms ./barber_C_15663_-_Web_decision.pdf-Barber was outside that which could reasonably be tolerated. -- ./barber_C_15663_-_Web_decision.pdf-  serious departure from the personal and professional conduct elements of the ./barber_C_15663_-_Web_decision.pdf- Teachers’ Standards; ./barber_C_15663_-_Web_decision.pdf-  misconduct seriously affecting the education and/or well-being of pupils, and ./barber_C_15663_-_Web_decision.pdf- particularly where there is a continuing risk; ./barber_C_15663_-_Web_decision.pdf-  a deep-seated attitude that leads to harmful behaviour; ./barber_C_15663_-_Web_decision.pdf:  sexual misconduct, e.g. involving actions that were sexually motivated or of a ./barber_C_15663_-_Web_decision.pdf: sexual nature. ./barber_C_15663_-_Web_decision.pdf-Even though there were behaviours that would point to a prohibition order being ./barber_C_15663_-_Web_decision.pdf-appropriate, the panel went on to consider whether or not there were sufficient mitigating ./barber_C_15663_-_Web_decision.pdf-factors to militate against a prohibition order being an appropriate and proportionate ./barber_C_15663_-_Web_decision.pdf-measure to impose, particularly taking into account the nature and severity of the ./barber_C_15663_-_Web_decision.pdf-behaviour in this case. ./barber_C_15663_-_Web_decision.pdf- ./barber_C_15663_-_Web_decision.pdf-There was no evidence that the teacher’s actions were not deliberate. There was no ./barber_C_15663_-_Web_decision.pdf-evidence to suggest that the teacher was acting under duress. Whilst the panel accepts ./barber_C_15663_-_Web_decision.pdf:that Ms Barber was sexually motivated, and was motivated by a desire to impress ./barber_C_15663_-_Web_decision.pdf-Individual Z and thus was influenced by him, this was not to the extent that could be ./barber_C_15663_-_Web_decision.pdf-described as duress. For example, Ms Barber displayed a sustained pattern of the ./barber_C_15663_-_Web_decision.pdf-admitted behaviours over a long period of many months. Indeed, there is no evidence in ./barber_C_15663_-_Web_decision.pdf-the text messages of any coercion by Individual Z, and the evidence suggests that on a ./barber_C_15663_-_Web_decision.pdf-number of occasions Ms Barber took the initiative in the exchanges. ./barber_C_15663_-_Web_decision.pdf- ./barber_C_15663_-_Web_decision.pdf-Through her solicitor, Ms Barber has submitted that she has no mitigation she wishes to ./barber_C_15663_-_Web_decision.pdf-put forward. ./barber_C_15663_-_Web_decision.pdf- ./barber_C_15663_-_Web_decision.pdf-The panel first considered whether it would be proportionate to conclude this case with -- ./barber_C_15663_-_Web_decision.pdf-given case that may make it appropriate to allow a teacher to apply to have the ./barber_C_15663_-_Web_decision.pdf-prohibition order reviewed after a specified period of time that may not be less than 2 ./barber_C_15663_-_Web_decision.pdf-years. ./barber_C_15663_-_Web_decision.pdf- ./barber_C_15663_-_Web_decision.pdf-The Advice indicates that there are behaviours that, if proven, would militate against a ./barber_C_15663_-_Web_decision.pdf-review period being recommended. One of these is the behaviour associated with ./barber_C_15663_-_Web_decision.pdf:serious sexual misconduct. In particular the panel has found that Ms Barber has been ./barber_C_15663_-_Web_decision.pdf:responsible for a sustained pattern of sexually motivated activities of an unacceptable ./barber_C_15663_-_Web_decision.pdf-nature. The conduct was of the utmost seriousness and, whilst there was no evidence ./barber_C_15663_-_Web_decision.pdf-that any children were harmed, there was clearly a risk of such harm. ./barber_C_15663_-_Web_decision.pdf- ./barber_C_15663_-_Web_decision.pdf-Ms Barber has expressed remorse for her actions, but the panel has seen no evidence of ./barber_C_15663_-_Web_decision.pdf-insight. ./barber_C_15663_-_Web_decision.pdf- ./barber_C_15663_-_Web_decision.pdf-The panel felt the findings indicated a situation in which a review period would not be ./barber_C_15663_-_Web_decision.pdf-appropriate and as such decided that it would be proportionate in all the circumstances ./barber_C_15663_-_Web_decision.pdf-for the prohibition order to be recommended without provision for a review period. ./barber_C_15663_-_Web_decision.pdf- -- ./barber_C_15663_-_Web_decision.pdf-achieve that aim taking into account the impact that it will have on the individual teacher. ./barber_C_15663_-_Web_decision.pdf-I have also asked myself whether or not a less intrusive measure, such as the published ./barber_C_15663_-_Web_decision.pdf-finding of unacceptable professional conduct and conduct that may bring the profession ./barber_C_15663_-_Web_decision.pdf-into disrepute, would itself be sufficient to achieve the overall aim. I have to consider ./barber_C_15663_-_Web_decision.pdf-whether the consequences of such a publication are themselves sufficient. I have ./barber_C_15663_-_Web_decision.pdf-considered therefore whether or not prohibiting Ms Barber, and the impact that will have ./barber_C_15663_-_Web_decision.pdf-on her, is proportionate. ./barber_C_15663_-_Web_decision.pdf- ./barber_C_15663_-_Web_decision.pdf-In this case I have considered the extent to which a prohibition order would protect ./barber_C_15663_-_Web_decision.pdf-children. The panel has observed, “findings against Ms Barber, which involved very ./barber_C_15663_-_Web_decision.pdf:serious actions of a sexual nature which put pupils at risk of exposure to harmful and ./barber_C_15663_-_Web_decision.pdf:sexually explicit content, there is a strong public interest consideration in respect of the ./barber_C_15663_-_Web_decision.pdf-protection of pupils.” A prohibition order would therefore prevent such a risk from being ./barber_C_15663_-_Web_decision.pdf-present. I have also taken into account the panel’s comments on insight and remorse ./barber_C_15663_-_Web_decision.pdf-which the panel sets out as follows, “Ms Barber has expressed remorse for her actions, ./barber_C_15663_-_Web_decision.pdf-but the panel has seen no evidence of insight.” In my judgement the lack of insight ./barber_C_15663_-_Web_decision.pdf-means that there is some risk of the repetition of this behaviour and this risks future ./barber_C_15663_-_Web_decision.pdf:pupils’ exposure of harmful and sexually explicit content. I have therefore given this ./barber_C_15663_-_Web_decision.pdf-element considerable weight in reaching my decision. ./barber_C_15663_-_Web_decision.pdf- ./barber_C_15663_-_Web_decision.pdf-I have gone on to consider the extent to which a prohibition order would maintain public ./barber_C_15663_-_Web_decision.pdf-confidence in the profession. The panel observe, “that public confidence in the profession ./barber_C_15663_-_Web_decision.pdf-would be seriously weakened if conduct such as that found against Ms Barber were not ./barber_C_15663_-_Web_decision.pdf-treated with the utmost seriousness when regulating the conduct of the profession.” I am ./barber_C_15663_-_Web_decision.pdf-particularly mindful of the finding of “You sent photographs and/or video footage of Child ./barber_C_15663_-_Web_decision.pdf:A to Individual Z for his sexual gratification” in this case and the impact that such a ./barber_C_15663_-_Web_decision.pdf-finding has on the reputation of the profession. ./barber_C_15663_-_Web_decision.pdf- ./barber_C_15663_-_Web_decision.pdf-I have had to consider that the public has a high expectation of professional standards of ./barber_C_15663_-_Web_decision.pdf-all teachers and that failure to impose a prohibition order might be regarded by the public ./barber_C_15663_-_Web_decision.pdf-as a failure to uphold those high standards. In weighing these considerations I have had ./barber_C_15663_-_Web_decision.pdf-to consider the matter from the point of view of an “ordinary intelligent and well-informed ./barber_C_15663_-_Web_decision.pdf-citizen.” ./barber_C_15663_-_Web_decision.pdf- ./barber_C_15663_-_Web_decision.pdf-I have considered whether the publication of a finding of unacceptable professional ./barber_C_15663_-_Web_decision.pdf-conduct, in the absence of a prohibition order, can itself be regarded by such a person as -- ./barber_C_15663_-_Web_decision.pdf-case. ./barber_C_15663_-_Web_decision.pdf- ./barber_C_15663_-_Web_decision.pdf-I have also considered the impact of a prohibition order on Ms Barber herself. The panel ./barber_C_15663_-_Web_decision.pdf-note, “that Ms Barber had no previous relevant disciplinary findings and should be ./barber_C_15663_-_Web_decision.pdf-regarded as of previously good character.” The panel go on to say, “Through her solicitor, ./barber_C_15663_-_Web_decision.pdf-Ms Barber has submitted that she has no mitigation she wishes to put forward.” ./barber_C_15663_-_Web_decision.pdf- ./barber_C_15663_-_Web_decision.pdf-I note the panel’s comments that, “the conduct displayed, both inside and outside school, ./barber_C_15663_-_Web_decision.pdf-affects the way Ms Barber would be expected to fulfil her teaching role and may lead to ./barber_C_15663_-_Web_decision.pdf-pupils being exposed to or influenced by her behaviour in a harmful way. However, in ./barber_C_15663_-_Web_decision.pdf:particular, by exchanging sexually explicit messages in proximity to pupils there was a ./barber_C_15663_-_Web_decision.pdf-significant risk that pupils could have been exposed to harmful material.” ./barber_C_15663_-_Web_decision.pdf- ./barber_C_15663_-_Web_decision.pdf-A prohibition order would prevent Ms Barber from continuing in the teaching profession. ./barber_C_15663_-_Web_decision.pdf-A prohibition order would also clearly deprive the public of her contribution to the ./barber_C_15663_-_Web_decision.pdf-profession for the period that it is in force. ./barber_C_15663_-_Web_decision.pdf- ./barber_C_15663_-_Web_decision.pdf-I have given less weight in my consideration of sanction therefore, to the contribution that ./barber_C_15663_-_Web_decision.pdf-Ms Barber has made to the profession. In my view it is necessary to impose a prohibition ./barber_C_15663_-_Web_decision.pdf-order in order to maintain public confidence in the profession. A published decision that is ./barber_C_15663_-_Web_decision.pdf-not backed up by full insight does not in my view satisfy the public interest requirement ./barber_C_15663_-_Web_decision.pdf-concerning public confidence in the profession. ./barber_C_15663_-_Web_decision.pdf- ./barber_C_15663_-_Web_decision.pdf-For these reasons I have concluded that a prohibition order is proportionate and in the ./barber_C_15663_-_Web_decision.pdf-public interest in order to achieve the aims which a prohibition order is intended to ./barber_C_15663_-_Web_decision.pdf-achieve. ./barber_C_15663_-_Web_decision.pdf- ./barber_C_15663_-_Web_decision.pdf-I have gone on to consider the matter of a review period. In this case the panel has ./barber_C_15663_-_Web_decision.pdf-recommended no review period. ./barber_C_15663_-_Web_decision.pdf- ./barber_C_15663_-_Web_decision.pdf-I have considered the panel’s comments “In particular the panel has found that Ms ./barber_C_15663_-_Web_decision.pdf:Barber has been responsible for a sustained pattern of sexually motivated activities of an ./barber_C_15663_-_Web_decision.pdf-unacceptable nature. The conduct was of the utmost seriousness and, whilst there was ./barber_C_15663_-_Web_decision.pdf-no evidence that any children were harmed, there was clearly a risk of such harm.” ./barber_C_15663_-_Web_decision.pdf- ./barber_C_15663_-_Web_decision.pdf-The panel has also said that it felt, “the findings indicated a situation in which a review ./barber_C_15663_-_Web_decision.pdf-period would not be appropriate and as such decided that it would be proportionate in all ./barber_C_15663_-_Web_decision.pdf-the circumstances for the prohibition order to be recommended without provision for a ./barber_C_15663_-_Web_decision.pdf-review period.” ./barber_C_15663_-_Web_decision.pdf- ./barber_C_15663_-_Web_decision.pdf-I also note the Advice indicates that there are behaviours that, if proven, would militate ./barber_C_15663_-_Web_decision.pdf-against a review period being recommended. One of these is the behaviour associated ./barber_C_15663_-_Web_decision.pdf:with serious sexual misconduct. ./barber_C_15663_-_Web_decision.pdf- ./barber_C_15663_-_Web_decision.pdf- ./barber_C_15663_-_Web_decision.pdf- ./barber_C_15663_-_Web_decision.pdf- ./barber_C_15663_-_Web_decision.pdf- 13 ./barber_C_15663_-_Web_decision.pdf- -- ./barber_C_15663_-_Web_decision.pdf-I have considered whether a 2 year review period, or a review period of longer than two ./barber_C_15663_-_Web_decision.pdf-years, reflects the seriousness of the findings and is a proportionate period to achieve the ./barber_C_15663_-_Web_decision.pdf-aim of maintaining public confidence in the profession. In this case, there are three ./barber_C_15663_-_Web_decision.pdf-factors that in my view mean that a two year review period is not sufficient to achieve the ./barber_C_15663_-_Web_decision.pdf-aim of maintaining public confidence in the profession. These elements are, the serious ./barber_C_15663_-_Web_decision.pdf:nature of the misconduct found, the sustained pattern of sexually motivated activities, ./barber_C_15663_-_Web_decision.pdf-and the lack of insight. ./barber_C_15663_-_Web_decision.pdf- ./barber_C_15663_-_Web_decision.pdf-I consider therefore that no review period is required to satisfy the maintenance of public ./barber_C_15663_-_Web_decision.pdf-confidence in the profession. ./barber_C_15663_-_Web_decision.pdf- ./barber_C_15663_-_Web_decision.pdf-This means that Ms Cheryl Barber is prohibited from teaching indefinitely and ./barber_C_15663_-_Web_decision.pdf-cannot teach in any school, sixth form college, relevant youth accommodation or ./barber_C_15663_-_Web_decision.pdf-children’s home in England. Furthermore, in view of the seriousness of the allegations ./barber_C_15663_-_Web_decision.pdf-found proved against her, I have decided that Ms Barber shall not be entitled to apply for ./barber_C_15663_-_Web_decision.pdf-restoration of her eligibility to teach. ./Barge__Arnaud_-_Web_Decision_-_9_September_2014_-_0001633.pdf- ./Barge__Arnaud_-_Web_Decision_-_9_September_2014_-_0001633.pdf- 1. During 2010 and 2011, he made inappropriate comments to Student A via ./Barge__Arnaud_-_Web_Decision_-_9_September_2014_-_0001633.pdf- Facebook; ./Barge__Arnaud_-_Web_Decision_-_9_September_2014_-_0001633.pdf- ./Barge__Arnaud_-_Web_Decision_-_9_September_2014_-_0001633.pdf- 2. Between approximately 2008 and 2011, he made inappropriate physical contact ./Barge__Arnaud_-_Web_Decision_-_9_September_2014_-_0001633.pdf- with Student A by touching his bottom; ./Barge__Arnaud_-_Web_Decision_-_9_September_2014_-_0001633.pdf- ./Barge__Arnaud_-_Web_Decision_-_9_September_2014_-_0001633.pdf- 3. Had in his possession indecent images of children on a USB memory stick on 12 ./Barge__Arnaud_-_Web_Decision_-_9_September_2014_-_0001633.pdf- December 2011; ./Barge__Arnaud_-_Web_Decision_-_9_September_2014_-_0001633.pdf- ./Barge__Arnaud_-_Web_Decision_-_9_September_2014_-_0001633.pdf: 4. His actions at particulars 1 and 2 above were sexually motivated ./Barge__Arnaud_-_Web_Decision_-_9_September_2014_-_0001633.pdf- ./Barge__Arnaud_-_Web_Decision_-_9_September_2014_-_0001633.pdf- ./Barge__Arnaud_-_Web_Decision_-_9_September_2014_-_0001633.pdf-Mr Barge was not in attendance at the hearing, however in his response to the Notice of ./Barge__Arnaud_-_Web_Decision_-_9_September_2014_-_0001633.pdf-Proceedings he indicated that the allegations were not admitted. ./Barge__Arnaud_-_Web_Decision_-_9_September_2014_-_0001633.pdf- ./Barge__Arnaud_-_Web_Decision_-_9_September_2014_-_0001633.pdf- ./Barge__Arnaud_-_Web_Decision_-_9_September_2014_-_0001633.pdf-C. Preliminary applications ./Barge__Arnaud_-_Web_Decision_-_9_September_2014_-_0001633.pdf-Proceeding in the Absence of Mr Barge ./Barge__Arnaud_-_Web_Decision_-_9_September_2014_-_0001633.pdf- ./Barge__Arnaud_-_Web_Decision_-_9_September_2014_-_0001633.pdf-The Panel considered an application from the Presenting Officer to proceed in the -- ./Barge__Arnaud_-_Web_Decision_-_9_September_2014_-_0001633.pdf- ./Barge__Arnaud_-_Web_Decision_-_9_September_2014_-_0001633.pdf-Summary of Evidence ./Barge__Arnaud_-_Web_Decision_-_9_September_2014_-_0001633.pdf- ./Barge__Arnaud_-_Web_Decision_-_9_September_2014_-_0001633.pdf-Mr Barge was employed by the Priory School from September 2002. He was promoted to ./Barge__Arnaud_-_Web_Decision_-_9_September_2014_-_0001633.pdf-lead teacher for Modern Foreign Languages in September 2006, and Head of Faculty in ./Barge__Arnaud_-_Web_Decision_-_9_September_2014_-_0001633.pdf-2010. ./Barge__Arnaud_-_Web_Decision_-_9_September_2014_-_0001633.pdf- ./Barge__Arnaud_-_Web_Decision_-_9_September_2014_-_0001633.pdf-It was alleged that during 2010 and 2011, Mr Barge made inappropriate comments to ./Barge__Arnaud_-_Web_Decision_-_9_September_2014_-_0001633.pdf-Student A via Facebook. It was further alleged that between approximately 2008 and ./Barge__Arnaud_-_Web_Decision_-_9_September_2014_-_0001633.pdf-2011, he made inappropriate physical contact with student A by touching his bottom. It ./Barge__Arnaud_-_Web_Decision_-_9_September_2014_-_0001633.pdf:was alleged that both these activities were sexually motivated. It was also alleged that Mr ./Barge__Arnaud_-_Web_Decision_-_9_September_2014_-_0001633.pdf-Barge had in his possession indecent images of children on a USB memory stick on 12 ./Barge__Arnaud_-_Web_Decision_-_9_September_2014_-_0001633.pdf-December 2011. ./Barge__Arnaud_-_Web_Decision_-_9_September_2014_-_0001633.pdf- ./Barge__Arnaud_-_Web_Decision_-_9_September_2014_-_0001633.pdf-Mr Barge was suspended on 2 December 2011 and resigned in November 2012 ./Barge__Arnaud_-_Web_Decision_-_9_September_2014_-_0001633.pdf- ./Barge__Arnaud_-_Web_Decision_-_9_September_2014_-_0001633.pdf-Findings of Fact ./Barge__Arnaud_-_Web_Decision_-_9_September_2014_-_0001633.pdf-Our findings of fact are as follows. We take the allegations in the order that they are ./Barge__Arnaud_-_Web_Decision_-_9_September_2014_-_0001633.pdf-stated on the Notice of Proceedings. ./Barge__Arnaud_-_Web_Decision_-_9_September_2014_-_0001633.pdf- ./Barge__Arnaud_-_Web_Decision_-_9_September_2014_-_0001633.pdf-At the outset the Panel notes that neither Mr Barge nor any representative for him -- ./Barge__Arnaud_-_Web_Decision_-_9_September_2014_-_0001633.pdf-Proceedings. The Panel’s scope for determining Mr Barge’s position was therefore ./Barge__Arnaud_-_Web_Decision_-_9_September_2014_-_0001633.pdf-limited. Nevertheless, conscious of its duties, the Panel has sought wherever possible to ./Barge__Arnaud_-_Web_Decision_-_9_September_2014_-_0001633.pdf-take into account Mr Barge’s perspective in relation to the alleged facts. ./Barge__Arnaud_-_Web_Decision_-_9_September_2014_-_0001633.pdf- ./Barge__Arnaud_-_Web_Decision_-_9_September_2014_-_0001633.pdf- 1. During 2010 and 2011, you made inappropriate ./Barge__Arnaud_-_Web_Decision_-_9_September_2014_-_0001633.pdf- comments to student A via Facebook ./Barge__Arnaud_-_Web_Decision_-_9_September_2014_-_0001633.pdf- The central evidence for this allegation comprised Facebook pages found at ./Barge__Arnaud_-_Web_Decision_-_9_September_2014_-_0001633.pdf- pages 39 to 43 of the bundle, which record exchanges between Mr Barge and ./Barge__Arnaud_-_Web_Decision_-_9_September_2014_-_0001633.pdf- Student A. Mr Barge’s comments in July and August 2010 include, amongst ./Barge__Arnaud_-_Web_Decision_-_9_September_2014_-_0001633.pdf- others, references to ‘poke away darling xx’, ‘thanks honey’, ‘night night xx’, ‘I’ll still ./Barge__Arnaud_-_Web_Decision_-_9_September_2014_-_0001633.pdf: change your attitude, sexy boy’, and ‘I know your not that bad, sexy, you’re a good ./Barge__Arnaud_-_Web_Decision_-_9_September_2014_-_0001633.pdf- boy really’. It is clear from the Facebook content that Mr Barge instigated the ./Barge__Arnaud_-_Web_Decision_-_9_September_2014_-_0001633.pdf- Facebook conversations on at least one occasion. ./Barge__Arnaud_-_Web_Decision_-_9_September_2014_-_0001633.pdf- ./Barge__Arnaud_-_Web_Decision_-_9_September_2014_-_0001633.pdf- ./Barge__Arnaud_-_Web_Decision_-_9_September_2014_-_0001633.pdf- 7 ./Barge__Arnaud_-_Web_Decision_-_9_September_2014_-_0001633.pdf- -- ./Barge__Arnaud_-_Web_Decision_-_9_September_2014_-_0001633.pdf- In his email account of 3 December 2011 at page 147 of the bundle Witness B ./Barge__Arnaud_-_Web_Decision_-_9_September_2014_-_0001633.pdf- records Mr Barge as stating that he had ‘probably slapped [Student A] on the ./Barge__Arnaud_-_Web_Decision_-_9_September_2014_-_0001633.pdf- behind but he has never touched him in an inappropriate sense!’ Witness B ./Barge__Arnaud_-_Web_Decision_-_9_September_2014_-_0001633.pdf- suggested to the Panel that this account was to be preferred as it was closer to ./Barge__Arnaud_-_Web_Decision_-_9_September_2014_-_0001633.pdf- the events. He stated that the exclamation mark in the email reflected Witness B’s ./Barge__Arnaud_-_Web_Decision_-_9_September_2014_-_0001633.pdf- surprise that Mr Barge should have tried to claim that contact with anyone’s ./Barge__Arnaud_-_Web_Decision_-_9_September_2014_-_0001633.pdf- posterior could be appropriate. The Panel agrees with this view and finds it ./Barge__Arnaud_-_Web_Decision_-_9_September_2014_-_0001633.pdf- surprising that Mr Barge should have attempted to justify touching a pupil’s bottom ./Barge__Arnaud_-_Web_Decision_-_9_September_2014_-_0001633.pdf- on the basis that it was not inappropriate. ./Barge__Arnaud_-_Web_Decision_-_9_September_2014_-_0001633.pdf- ./Barge__Arnaud_-_Web_Decision_-_9_September_2014_-_0001633.pdf: The Panel understands that Mr Barge was found not guilty of the sexual offences ./Barge__Arnaud_-_Web_Decision_-_9_September_2014_-_0001633.pdf- for which he was tried by the Crown Court. The Panel notes Mr Barge’s comments ./Barge__Arnaud_-_Web_Decision_-_9_September_2014_-_0001633.pdf- in his letter of 18 July 2013 that ‘I find your comment that I am guilty of ./Barge__Arnaud_-_Web_Decision_-_9_September_2014_-_0001633.pdf- [inappropriate contact with Student A] absolutely outrageous, given the outcome of ./Barge__Arnaud_-_Web_Decision_-_9_September_2014_-_0001633.pdf- my trial’. The Panel was advised that the not guilty finding was not determinative of ./Barge__Arnaud_-_Web_Decision_-_9_September_2014_-_0001633.pdf- the Panel’s own findings of fact. The Court in the criminal proceedings was ./Barge__Arnaud_-_Web_Decision_-_9_September_2014_-_0001633.pdf- considering specific criminal charges and in reaching its verdict applied a different ./Barge__Arnaud_-_Web_Decision_-_9_September_2014_-_0001633.pdf- standard of proof to that applicable to the present proceedings. The Panel was ./Barge__Arnaud_-_Web_Decision_-_9_September_2014_-_0001633.pdf- advised that it is recognised law that the double jeopardy rule does not apply to ./Barge__Arnaud_-_Web_Decision_-_9_September_2014_-_0001633.pdf- tribunals such as this. The character and purpose of the proceedings, and the ./Barge__Arnaud_-_Web_Decision_-_9_September_2014_-_0001633.pdf- consequences of the outcome, are quite different. -- ./Barge__Arnaud_-_Web_Decision_-_9_September_2014_-_0001633.pdf- ./Barge__Arnaud_-_Web_Decision_-_9_September_2014_-_0001633.pdf- Having taken account of this legal advice and considered the evidence before it, ./Barge__Arnaud_-_Web_Decision_-_9_September_2014_-_0001633.pdf- the Panel is satisfied on the balance of probabilities both (i) that the memory card ./Barge__Arnaud_-_Web_Decision_-_9_September_2014_-_0001633.pdf- identified as SEL/8 was in the possession of Mr Barge on 12 December 2011 and ./Barge__Arnaud_-_Web_Decision_-_9_September_2014_-_0001633.pdf- (ii) that the images were of children. The Panel is also satisfied that the images ./Barge__Arnaud_-_Web_Decision_-_9_September_2014_-_0001633.pdf- must properly be considered indecent, given the descriptions provided and taking ./Barge__Arnaud_-_Web_Decision_-_9_September_2014_-_0001633.pdf- account of the levels of seriousness as described at page 160 of the bundle. ./Barge__Arnaud_-_Web_Decision_-_9_September_2014_-_0001633.pdf- ./Barge__Arnaud_-_Web_Decision_-_9_September_2014_-_0001633.pdf- The Panel therefore finds this particular proved. ./Barge__Arnaud_-_Web_Decision_-_9_September_2014_-_0001633.pdf- ./Barge__Arnaud_-_Web_Decision_-_9_September_2014_-_0001633.pdf:4. Your actions at particulars 1 and 2 above were sexually motivated ./Barge__Arnaud_-_Web_Decision_-_9_September_2014_-_0001633.pdf- In the transcript of his Police interview, at page 133 of the bundle, Mr Barge is ./Barge__Arnaud_-_Web_Decision_-_9_September_2014_-_0001633.pdf: recorded as stating that references to ‘sexy boy’ were “just the way I do it... I’m ./Barge__Arnaud_-_Web_Decision_-_9_September_2014_-_0001633.pdf- described as lively I guess”. ./Barge__Arnaud_-_Web_Decision_-_9_September_2014_-_0001633.pdf- ./Barge__Arnaud_-_Web_Decision_-_9_September_2014_-_0001633.pdf- The Panel considers Mr Barge’s behaviour to have been inappropriate and ./Barge__Arnaud_-_Web_Decision_-_9_September_2014_-_0001633.pdf- unacceptable. It is clear and understandable that it had a significant impact on ./Barge__Arnaud_-_Web_Decision_-_9_September_2014_-_0001633.pdf- Student A, who was uncomfortable about the experience. However, the Panel ./Barge__Arnaud_-_Web_Decision_-_9_September_2014_-_0001633.pdf- considers it a possibility that Mr Barge’s actions reflected a misguided judgment as ./Barge__Arnaud_-_Web_Decision_-_9_September_2014_-_0001633.pdf- to the appropriate way in which a teacher should communicate with pupils. The ./Barge__Arnaud_-_Web_Decision_-_9_September_2014_-_0001633.pdf- National College has put forward no clear evidence to demonstrate that Mr ./Barge__Arnaud_-_Web_Decision_-_9_September_2014_-_0001633.pdf: Barge’s behaviour was actually sexually motivated. This allegation is therefore ./Barge__Arnaud_-_Web_Decision_-_9_September_2014_-_0001633.pdf- found not proven. ./Barge__Arnaud_-_Web_Decision_-_9_September_2014_-_0001633.pdf- ./Barge__Arnaud_-_Web_Decision_-_9_September_2014_-_0001633.pdf- ./Barge__Arnaud_-_Web_Decision_-_9_September_2014_-_0001633.pdf- ./Barge__Arnaud_-_Web_Decision_-_9_September_2014_-_0001633.pdf- ./Barge__Arnaud_-_Web_Decision_-_9_September_2014_-_0001633.pdf- 12 ./Barge__Arnaud_-_Web_Decision_-_9_September_2014_-_0001633.pdf- ./BarkerA_15132_SoSdecision-_2_.pdf- c. not notifying the school that he was contacting Pupil A in the manner ./BarkerA_15132_SoSdecision-_2_.pdf- described at allegation 1. ./BarkerA_15132_SoSdecision-_2_.pdf- ./BarkerA_15132_SoSdecision-_2_.pdf- 3. His conduct as evidenced at allegation 1 generally, and specifically in respect to ./BarkerA_15132_SoSdecision-_2_.pdf- allegation 1.d and 1.h was: ./BarkerA_15132_SoSdecision-_2_.pdf- ./BarkerA_15132_SoSdecision-_2_.pdf: a. sexually motivated; ./BarkerA_15132_SoSdecision-_2_.pdf- ./BarkerA_15132_SoSdecision-_2_.pdf- b. dishonest in that he asked Pupil A to lie to her parents about where she ./BarkerA_15132_SoSdecision-_2_.pdf- was staying. ./BarkerA_15132_SoSdecision-_2_.pdf- ./BarkerA_15132_SoSdecision-_2_.pdf-Mr Barker admits to allegations 1.a, 1.b, 1.c, 1.d, 1.e,1.f, 1.g, 1.h, 2.a, 2.b, 2.c and 3.b. ./BarkerA_15132_SoSdecision-_2_.pdf-He also admits that the facts of these allegations amount to unacceptable professional ./BarkerA_15132_SoSdecision-_2_.pdf-conduct and conduct that may bring the profession into disrepute. ./BarkerA_15132_SoSdecision-_2_.pdf- ./BarkerA_15132_SoSdecision-_2_.pdf-Mr Barker denies allegation 3.a. ./BarkerA_15132_SoSdecision-_2_.pdf- -- ./BarkerA_15132_SoSdecision-_2_.pdf-The panel therefore considers that both limbs of the test above are met. This allegation is ./BarkerA_15132_SoSdecision-_2_.pdf-therefore found proven. ./BarkerA_15132_SoSdecision-_2_.pdf- ./BarkerA_15132_SoSdecision-_2_.pdf-The panel has found the following particulars of the allegations against you not proven, ./BarkerA_15132_SoSdecision-_2_.pdf-for these reasons: ./BarkerA_15132_SoSdecision-_2_.pdf- ./BarkerA_15132_SoSdecision-_2_.pdf- 3. Your conduct as evidenced at allegation 1 generally, and specifically in ./BarkerA_15132_SoSdecision-_2_.pdf- respect to allegation 1.d and 1.h was: ./BarkerA_15132_SoSdecision-_2_.pdf- ./BarkerA_15132_SoSdecision-_2_.pdf: a. sexually motivated; ./BarkerA_15132_SoSdecision-_2_.pdf- ./BarkerA_15132_SoSdecision-_2_.pdf-Mr Barker denies this allegation. ./BarkerA_15132_SoSdecision-_2_.pdf- ./BarkerA_15132_SoSdecision-_2_.pdf:The panel has considered the two stage legal test for determining sexual motivation. ./BarkerA_15132_SoSdecision-_2_.pdf-Namely, 1) whether on the balance of probabilities reasonable people would think that ./BarkerA_15132_SoSdecision-_2_.pdf:the words and actions found proven could be sexual and then 2) whether in the ./BarkerA_15132_SoSdecision-_2_.pdf-circumstances of the case, it is more likely than not that Mr Barker’s purpose of those ./BarkerA_15132_SoSdecision-_2_.pdf:words and actions was sexual. ./BarkerA_15132_SoSdecision-_2_.pdf- ./BarkerA_15132_SoSdecision-_2_.pdf-The panel considers that the first stage of this test is met. This is because the content of ./BarkerA_15132_SoSdecision-_2_.pdf-the numerous messages that Mr Barker sent to Pupil A strongly convey that he had ./BarkerA_15132_SoSdecision-_2_.pdf-developed romantic feelings for her. He repeatedly told her that he loved her and needed ./BarkerA_15132_SoSdecision-_2_.pdf-her, and made comments that depict an intense affection towards her. Some messages ./BarkerA_15132_SoSdecision-_2_.pdf-were sent at night and early in the morning. He also attempted to telephone her several ./BarkerA_15132_SoSdecision-_2_.pdf-times, suggested that they meet outside of School so that they could spend time alone ./BarkerA_15132_SoSdecision-_2_.pdf-whilst his wife was away (at both his home and a hotel), and hugged her. Furthermore, ./BarkerA_15132_SoSdecision-_2_.pdf-Witness B states that she saw Mr Barker and Pupil A spend time with each other alone ./BarkerA_15132_SoSdecision-_2_.pdf-on several occasions in his classroom after lessons when no one else was present, ./BarkerA_15132_SoSdecision-_2_.pdf-sometimes with the door closed (contrary to the school’s policy). Witness B also said that ./BarkerA_15132_SoSdecision-_2_.pdf-Mr Barker appeared to be responding to Pupil A’s flirtatious behaviour towards him. ./BarkerA_15132_SoSdecision-_2_.pdf- ./BarkerA_15132_SoSdecision-_2_.pdf-However, in relation to the second limb of the test, the panel does not consider that this is ./BarkerA_15132_SoSdecision-_2_.pdf:met. This is because although the messages could be construed as having a sexual ./BarkerA_15132_SoSdecision-_2_.pdf:motivation, none of them were overtly sexual or directly suggestive. The panel accepts ./BarkerA_15132_SoSdecision-_2_.pdf-Mr Barker’s evidence that his behaviour was a misguided attempt to help Pupil A, and ./BarkerA_15132_SoSdecision-_2_.pdf-that his concern for her welfare was his overriding motivation. There is also no evidence ./BarkerA_15132_SoSdecision-_2_.pdf:of sexual activity or that Mr Barker sought to initiate this with Pupil A. The panel considers ./BarkerA_15132_SoSdecision-_2_.pdf:that it has been invited to infer sexual motivation by the NCTL. The panel has considered ./BarkerA_15132_SoSdecision-_2_.pdf-this very carefully and is of the view that the NCTL has not discharged its burden of proof ./BarkerA_15132_SoSdecision-_2_.pdf-in relation to this allegation. ./BarkerA_15132_SoSdecision-_2_.pdf- ./BarkerA_15132_SoSdecision-_2_.pdf- ./BarkerA_15132_SoSdecision-_2_.pdf- ./BarkerA_15132_SoSdecision-_2_.pdf- ./BarkerA_15132_SoSdecision-_2_.pdf- 12 ./BarkerA_15132_SoSdecision-_2_.pdf- ./Barnett__Kris_-_Web_Decision.pdf- c. Making further inappropriate comments including those set out at (C)(i) – ./Barnett__Kris_-_Web_Decision.pdf- (C)(vi) of the attached Schedule, ./Barnett__Kris_-_Web_Decision.pdf- ./Barnett__Kris_-_Web_Decision.pdf- 2. Failed to appropriately report safeguarding information concerning Pupil A and ./Barnett__Kris_-_Web_Decision.pdf- self-harm, ./Barnett__Kris_-_Web_Decision.pdf- ./Barnett__Kris_-_Web_Decision.pdf- 3. Asked Pupil A to delete his conversations with her, ./Barnett__Kris_-_Web_Decision.pdf- ./Barnett__Kris_-_Web_Decision.pdf- 4. Provided one or more pupils with his personal email contact details, ./Barnett__Kris_-_Web_Decision.pdf- ./Barnett__Kris_-_Web_Decision.pdf: 5. His actions as may be found proven at allegation 1.a. and/or 1.b. were sexually ./Barnett__Kris_-_Web_Decision.pdf- motivated, ./Barnett__Kris_-_Web_Decision.pdf- ./Barnett__Kris_-_Web_Decision.pdf- 6. His actions as may be found proven at allegation 3 were dishonest. ./Barnett__Kris_-_Web_Decision.pdf- ./Barnett__Kris_-_Web_Decision.pdf-The allegations have been taken to have not been admitted. ./Barnett__Kris_-_Web_Decision.pdf- ./Barnett__Kris_-_Web_Decision.pdf- ./Barnett__Kris_-_Web_Decision.pdf-C. Preliminary applications ./Barnett__Kris_-_Web_Decision.pdf-The panel considered an application from the presenting officer that the hearing should ./Barnett__Kris_-_Web_Decision.pdf-proceed in the absence of the teacher. -- ./Barnett__Kris_-_Web_Decision.pdf- ./Barnett__Kris_-_Web_Decision.pdf-E. Decision and reasons ./Barnett__Kris_-_Web_Decision.pdf-The panel announced its decision and reasons as follows: ./Barnett__Kris_-_Web_Decision.pdf- ./Barnett__Kris_-_Web_Decision.pdf-The panel carefully considered the case before it and has reached a decision. ./Barnett__Kris_-_Web_Decision.pdf- ./Barnett__Kris_-_Web_Decision.pdf-Mr Barnett was employed by the School as a casual cover supervisor in February 2015. ./Barnett__Kris_-_Web_Decision.pdf-In April 2015 he accepted the position of an unqualified teacher of ICT. It is alleged that ./Barnett__Kris_-_Web_Decision.pdf-between April 2015 and March 2016, Mr Barnett corresponded with pupils using a ./Barnett__Kris_-_Web_Decision.pdf-personal email address, and that in relation to Pupil A, this correspondence was ./Barnett__Kris_-_Web_Decision.pdf:inappropriate, sexually motivated and that he tried to conceal the correspondence. ./Barnett__Kris_-_Web_Decision.pdf-Additionally, it is alleged that Mr Barnett failed in his safeguarding duties towards Pupil A. ./Barnett__Kris_-_Web_Decision.pdf- ./Barnett__Kris_-_Web_Decision.pdf-Findings of fact ./Barnett__Kris_-_Web_Decision.pdf-Our findings of fact are as follows: ./Barnett__Kris_-_Web_Decision.pdf- ./Barnett__Kris_-_Web_Decision.pdf-The panel has found the following particulars of the allegations against you proven, for ./Barnett__Kris_-_Web_Decision.pdf-these reasons: ./Barnett__Kris_-_Web_Decision.pdf- ./Barnett__Kris_-_Web_Decision.pdf- 1. You had inappropriate contact with Pupil A by email and/or text, including ./Barnett__Kris_-_Web_Decision.pdf- by: -- ./Barnett__Kris_-_Web_Decision.pdf- ./Barnett__Kris_-_Web_Decision.pdf-Additionally the panel considered documentary evidence that Mr Barnett had emailed ./Barnett__Kris_-_Web_Decision.pdf-students from his work email address, providing them with the Gmail address so that they ./Barnett__Kris_-_Web_Decision.pdf-could contact him out of hours. ./Barnett__Kris_-_Web_Decision.pdf- ./Barnett__Kris_-_Web_Decision.pdf-On the basis of the above, the panel did not find it credible that anyone else had access ./Barnett__Kris_-_Web_Decision.pdf-to the Gmail account. ./Barnett__Kris_-_Web_Decision.pdf- ./Barnett__Kris_-_Web_Decision.pdf-The panel then considered the content of the correspondence. The panel found that ./Barnett__Kris_-_Web_Decision.pdf-there were a number of instances where Mr Barnett sent highly inappropriate messages ./Barnett__Kris_-_Web_Decision.pdf:to Pupil A which included suggestive sexual language. The panel found that there were ./Barnett__Kris_-_Web_Decision.pdf-also instances where Mr Barnett referred to Pupil A as “sweetheart”, “hun” and “hussy”. ./Barnett__Kris_-_Web_Decision.pdf- ./Barnett__Kris_-_Web_Decision.pdf-The panel considered all of the evidence, and on the balance of probabilities found the ./Barnett__Kris_-_Web_Decision.pdf-facts of allegation 1. proven. ./Barnett__Kris_-_Web_Decision.pdf- ./Barnett__Kris_-_Web_Decision.pdf- 2. You failed to appropriately report safeguarding information concerning Pupil ./Barnett__Kris_-_Web_Decision.pdf- A and self-harm; ./Barnett__Kris_-_Web_Decision.pdf- ./Barnett__Kris_-_Web_Decision.pdf-The panel heard evidence from Pupil A that Mr Barnett became aware of [redacted] prior ./Barnett__Kris_-_Web_Decision.pdf-to Christmas in 2015. Pupil A confirmed that until she notified Mr Barnett of her -- ./Barnett__Kris_-_Web_Decision.pdf- 5. Your actions as may be found proven at allegation 1.a. and/or 1.b. were ./Barnett__Kris_-_Web_Decision.pdf: sexually motivated; ./Barnett__Kris_-_Web_Decision.pdf- ./Barnett__Kris_-_Web_Decision.pdf-As with all findings of fact, the panel considered this question applying the balance of ./Barnett__Kris_-_Web_Decision.pdf-probabilities. The panel considered whether on the balance of probabilities reasonable ./Barnett__Kris_-_Web_Decision.pdf:persons would think the words and actions found proven could be sexual. The panel then ./Barnett__Kris_-_Web_Decision.pdf-considered whether, in all the circumstances of the conduct in the case, it was more likely ./Barnett__Kris_-_Web_Decision.pdf:than not that the teacher’s purpose of such words and actions were sexual. ./Barnett__Kris_-_Web_Decision.pdf- ./Barnett__Kris_-_Web_Decision.pdf:The panel considered whether, even in the absence of direct evidence, sexual motivation ./Barnett__Kris_-_Web_Decision.pdf-should be inferred from all the circumstances of the case. The panel had in mind the ./Barnett__Kris_-_Web_Decision.pdf-evidence of the teacher’s character and considered whether such evidence had any ./Barnett__Kris_-_Web_Decision.pdf-bearing on the teacher’s credibility or propensity to have carried out the alleged facts or ./Barnett__Kris_-_Web_Decision.pdf-to the circumstances in which the teacher found himself. ./Barnett__Kris_-_Web_Decision.pdf- ./Barnett__Kris_-_Web_Decision.pdf-Applying the first part of the test, the panel considered that on the balance of ./Barnett__Kris_-_Web_Decision.pdf-probabilities, a number of comments made by Mr Barnett to Pupil A by email and text ./Barnett__Kris_-_Web_Decision.pdf:could be considered sexual. ./Barnett__Kris_-_Web_Decision.pdf- ./Barnett__Kris_-_Web_Decision.pdf-The panel therefore went on to consider whether in all of the circumstances of the case, it ./Barnett__Kris_-_Web_Decision.pdf-was more likely than not that his purpose in corresponding with Pupil A in this way was ./Barnett__Kris_-_Web_Decision.pdf:sexual. In considering the circumstances of the case, the panel had regard to a number ./Barnett__Kris_-_Web_Decision.pdf-of factors. In particular, the panel considered the fact that the correspondence took place ./Barnett__Kris_-_Web_Decision.pdf-through a personal email address that Mr Barnett appeared to have constructed for the ./Barnett__Kris_-_Web_Decision.pdf-purpose of covertly communicating with pupils outside of the parameters set by the ./Barnett__Kris_-_Web_Decision.pdf-School. The panel also found it compelling that there was evidence in correspondence ./Barnett__Kris_-_Web_Decision.pdf-with Pupil A that Mr Barnett stated, “I assume our conversations remain between us and ./Barnett__Kris_-_Web_Decision.pdf-so does my email address.” ./Barnett__Kris_-_Web_Decision.pdf- ./Barnett__Kris_-_Web_Decision.pdf:The panel considered that there was evidence of conversations about penetrative sex, ./Barnett__Kris_-_Web_Decision.pdf-and there were a number of flirtatious comments made between Mr Barnett and Pupil A ./Barnett__Kris_-_Web_Decision.pdf-that were highly inappropriate. ./Barnett__Kris_-_Web_Decision.pdf- ./Barnett__Kris_-_Web_Decision.pdf-The panel also considered the oral evidence of Pupil A that she felt that conversations ./Barnett__Kris_-_Web_Decision.pdf-were more closely aligned to those which might take place between a boyfriend and ./Barnett__Kris_-_Web_Decision.pdf-girlfriend rather than a pupil and teacher. ./Barnett__Kris_-_Web_Decision.pdf- ./Barnett__Kris_-_Web_Decision.pdf-Pupil A confirmed that there had been no physical contact or attempts to arrange private ./Barnett__Kris_-_Web_Decision.pdf-meetings between herself and Mr Barnett. The panel, however, could not find a credible ./Barnett__Kris_-_Web_Decision.pdf-alternative explanation for Mr Barnett engaging in the conversations, other than that they ./Barnett__Kris_-_Web_Decision.pdf:were sexually motivated. On the balance of probabilities, the panel found allegation 5. ./Barnett__Kris_-_Web_Decision.pdf-proven. ./Barnett__Kris_-_Web_Decision.pdf- ./Barnett__Kris_-_Web_Decision.pdf- ./Barnett__Kris_-_Web_Decision.pdf- 10 ./Barnett__Kris_-_Web_Decision.pdf- -- ./Barnett__Kris_-_Web_Decision.pdf-should be made, the panel has to consider whether it is an appropriate and proportionate ./Barnett__Kris_-_Web_Decision.pdf-measure, and whether it is in the public interest to do so. Prohibition orders should not be ./Barnett__Kris_-_Web_Decision.pdf-given in order to be punitive, or to show that blame has been apportioned, although they ./Barnett__Kris_-_Web_Decision.pdf-are likely to have a punitive effect. ./Barnett__Kris_-_Web_Decision.pdf- ./Barnett__Kris_-_Web_Decision.pdf-The panel has considered the particular public interest considerations set out in the ./Barnett__Kris_-_Web_Decision.pdf-Advice and having done so has found a number of them to be relevant in this case, ./Barnett__Kris_-_Web_Decision.pdf-namely the protection of pupils; the maintenance of public confidence in the profession; ./Barnett__Kris_-_Web_Decision.pdf-and declaring and upholding proper standards of conduct. ./Barnett__Kris_-_Web_Decision.pdf- ./Barnett__Kris_-_Web_Decision.pdf:In light of the panel’s findings against Mr Barnett, which involved sexual motivation and ./Barnett__Kris_-_Web_Decision.pdf-dishonesty, there is a strong public interest consideration in respect of the protection of ./Barnett__Kris_-_Web_Decision.pdf-pupils given the serious findings of inappropriate relationships with children. ./Barnett__Kris_-_Web_Decision.pdf- ./Barnett__Kris_-_Web_Decision.pdf-Similarly, the panel considers that public confidence in the profession could be seriously ./Barnett__Kris_-_Web_Decision.pdf-weakened if conduct such as that found against Mr Barnett were not treated with the ./Barnett__Kris_-_Web_Decision.pdf-utmost seriousness when regulating the conduct of the profession. ./Barnett__Kris_-_Web_Decision.pdf- ./Barnett__Kris_-_Web_Decision.pdf-The panel considered that a strong public interest consideration in declaring proper ./Barnett__Kris_-_Web_Decision.pdf-standards of conduct in the profession was also present as the conduct found against Mr ./Barnett__Kris_-_Web_Decision.pdf-Barnett was outside that which could reasonably be tolerated. -- ./Barnett__Kris_-_Web_Decision.pdf-  abuse of position or trust (particularly involving vulnerable pupils) or violation of the ./Barnett__Kris_-_Web_Decision.pdf- rights of pupils; ./Barnett__Kris_-_Web_Decision.pdf-  dishonesty especially where there have been serious consequences, and/or it has ./Barnett__Kris_-_Web_Decision.pdf- been repeated and/or covered up; ./Barnett__Kris_-_Web_Decision.pdf:  sexual misconduct, e.g. involving actions that were sexually motivated or of a ./Barnett__Kris_-_Web_Decision.pdf: sexual nature and/or that use or exploit the trust, knowledge or influence derived ./Barnett__Kris_-_Web_Decision.pdf- from the individual’s professional position. ./Barnett__Kris_-_Web_Decision.pdf-Even though there were behaviours that would point to a prohibition order being ./Barnett__Kris_-_Web_Decision.pdf-appropriate, the panel went on to consider whether or not there were sufficient mitigating ./Barnett__Kris_-_Web_Decision.pdf-factors to militate against a prohibition order being an appropriate and proportionate ./Barnett__Kris_-_Web_Decision.pdf-measure to impose, particularly taking into account the nature and severity of the ./Barnett__Kris_-_Web_Decision.pdf-behaviour in this case. ./Barnett__Kris_-_Web_Decision.pdf- ./Barnett__Kris_-_Web_Decision.pdf-There was no evidence to suggest that the teacher was acting under duress, and in fact ./Barnett__Kris_-_Web_Decision.pdf-the panel found the teacher’s actions to be calculated and motivated. ./Barnett__Kris_-_Web_Decision.pdf- -- ./Barnett__Kris_-_Web_Decision.pdf-The Advice indicates that there are behaviours that, if proven, would militate against a ./Barnett__Kris_-_Web_Decision.pdf-review period being recommended. The panel did not find that any of these behaviours ./Barnett__Kris_-_Web_Decision.pdf-were present although it did find that Mr Barnett’s actions in corresponding with Pupil A ./Barnett__Kris_-_Web_Decision.pdf:using highly inappropriate, sexual language were very serious. The panel considered the ./Barnett__Kris_-_Web_Decision.pdf-fact that when Mr Barnett became aware of Pupil A’s safeguarding issue he used this to ./Barnett__Kris_-_Web_Decision.pdf-initiate the inappropriate contact with Pupil A rather than to report it to the designated ./Barnett__Kris_-_Web_Decision.pdf-safeguarding lead. The panel was particularly concerned about Mr Barnett’s cavalier ./Barnett__Kris_-_Web_Decision.pdf-attitude towards the safeguarding procedures in which he was trained by the School. ./Barnett__Kris_-_Web_Decision.pdf- ./Barnett__Kris_-_Web_Decision.pdf-The panel found that there was no evidence that Mr Barnett showed any insight into his ./Barnett__Kris_-_Web_Decision.pdf-actions and in fact, he continually denied that the allegations were true and deliberately ./Barnett__Kris_-_Web_Decision.pdf-concealed his actions. ./Barnett__Kris_-_Web_Decision.pdf- ./Barnett__Kris_-_Web_Decision.pdf-The panel felt the findings indicated a situation in which a review period would not be -- ./Barnett__Kris_-_Web_Decision.pdf-  Teachers must have an understanding of, and always act within, the statutory ./Barnett__Kris_-_Web_Decision.pdf- frameworks which set out their professional duties and responsibilities. ./Barnett__Kris_-_Web_Decision.pdf- ./Barnett__Kris_-_Web_Decision.pdf- ./Barnett__Kris_-_Web_Decision.pdf- ./Barnett__Kris_-_Web_Decision.pdf-The panel finds that the conduct of Mr Barnett fell significantly short of the standards ./Barnett__Kris_-_Web_Decision.pdf-expected of the profession. ./Barnett__Kris_-_Web_Decision.pdf- ./Barnett__Kris_-_Web_Decision.pdf-The findings of misconduct are particularly serious as they include a finding of actions ./Barnett__Kris_-_Web_Decision.pdf:that were sexually motivated and dishonest. ./Barnett__Kris_-_Web_Decision.pdf- ./Barnett__Kris_-_Web_Decision.pdf-I have to determine whether the imposition of a prohibition order is proportionate and in ./Barnett__Kris_-_Web_Decision.pdf-the public interest. In considering that for this case I have considered the overall aim of a ./Barnett__Kris_-_Web_Decision.pdf-prohibition order which is to protect pupils and to maintain public confidence in the ./Barnett__Kris_-_Web_Decision.pdf-profession. I have considered the extent to which a prohibition order in this case would ./Barnett__Kris_-_Web_Decision.pdf-achieve that aim taking into account the impact that it will have on the individual teacher. ./Barnett__Kris_-_Web_Decision.pdf-I have also asked myself whether or not a less intrusive measure, such as the published ./Barnett__Kris_-_Web_Decision.pdf-finding of unacceptable professional conduct and conduct that may bring the profession ./Barnett__Kris_-_Web_Decision.pdf-into disrepute, would itself be sufficient to achieve the overall aim. I have to consider ./Barnett__Kris_-_Web_Decision.pdf-whether the consequences of such a publication are themselves sufficient. I have -- ./Barnett__Kris_-_Web_Decision.pdf:particularly mindful that Mr Barnett’s actions were found to be sexually motivated and the ./Barnett__Kris_-_Web_Decision.pdf-impact that such a finding has on the reputation of the profession. ./Barnett__Kris_-_Web_Decision.pdf- ./Barnett__Kris_-_Web_Decision.pdf-I have had to consider that the public has a high expectation of professional standards of ./Barnett__Kris_-_Web_Decision.pdf-all teachers and that failure to impose a prohibition order might be regarded by the public ./Barnett__Kris_-_Web_Decision.pdf-as a failure to uphold those high standards. In weighing these considerations I have had ./Barnett__Kris_-_Web_Decision.pdf-to consider the matter from the point of view of an “ordinary intelligent and well-informed ./Barnett__Kris_-_Web_Decision.pdf-citizen.” ./Barnett__Kris_-_Web_Decision.pdf- ./Barnett__Kris_-_Web_Decision.pdf-I have considered whether the publication of a finding of unacceptable professional ./Barnett__Kris_-_Web_Decision.pdf-conduct, in the absence of a prohibition order, can itself be regarded by such a person as -- ./Barnett__Kris_-_Web_Decision.pdf-mean that allowing for no review period is necessary to achieve the aim of maintaining ./Barnett__Kris_-_Web_Decision.pdf-public confidence in the profession. These elements are the finding that Mr Barnett’s ./Barnett__Kris_-_Web_Decision.pdf:actions were sexually motivated, dishonest, placed safeguarding of a pupil at risk and the ./Barnett__Kris_-_Web_Decision.pdf-lack of either insight or remorse, ./Barnett__Kris_-_Web_Decision.pdf- ./Barnett__Kris_-_Web_Decision.pdf-I consider therefore that a prohibition order that allows for no review period is required to ./Barnett__Kris_-_Web_Decision.pdf-satisfy the maintenance of public confidence in the profession. ./Barnett__Kris_-_Web_Decision.pdf- ./Barnett__Kris_-_Web_Decision.pdf-This means that Mr Kris Barnett is prohibited from teaching indefinitely and cannot ./Barnett__Kris_-_Web_Decision.pdf-teach in any school, sixth form college, relevant youth accommodation or ./Barnett__Kris_-_Web_Decision.pdf-children’s home in England. Furthermore, in view of the seriousness of the allegations ./Barnett__Kris_-_Web_Decision.pdf-found proved against him, I have decided that Mr Barnett shall not be entitled to apply for ./Barnett__Kris_-_Web_Decision.pdf-restoration of his eligibility to teach. ./Barrett_-_Web_Decision.pdf-B. Allegations ./Barrett_-_Web_Decision.pdf-The panel considered the allegations set out in the Notice of Referral dated 19 October ./Barrett_-_Web_Decision.pdf-2017. ./Barrett_-_Web_Decision.pdf- ./Barrett_-_Web_Decision.pdf-It was alleged that Mr Barrett was guilty of unacceptable professional conduct and/or ./Barrett_-_Web_Decision.pdf-conduct that may bring the profession into disrepute, in that: whilst employed as a ./Barrett_-_Web_Decision.pdf-Teacher at the Roman Fields School from September 2014 until July 2017: ./Barrett_-_Web_Decision.pdf- ./Barrett_-_Web_Decision.pdf-1. Between 9th December and 15th December 2016, he engaged in conduct of a ./Barrett_-_Web_Decision.pdf-sexual nature, in that he accessed and/or viewed material of a sexual and/or ./Barrett_-_Web_Decision.pdf:pornographic nature; ./Barrett_-_Web_Decision.pdf- ./Barrett_-_Web_Decision.pdf-a. during school hours and whilst on school premises on more than one occasion; ./Barrett_-_Web_Decision.pdf- ./Barrett_-_Web_Decision.pdf-b. when at least one pupil was working in the classroom whilst he was accessing ./Barrett_-_Web_Decision.pdf-and/or viewing such material on more than one occasion; ./Barrett_-_Web_Decision.pdf- ./Barrett_-_Web_Decision.pdf:2. In undertaking allegation 1, he was sexually motivated. ./Barrett_-_Web_Decision.pdf- ./Barrett_-_Web_Decision.pdf-Mr Barrett admitted the facts of the allegations and that those facts amounted to ./Barrett_-_Web_Decision.pdf-unacceptable professional conduct and conduct that may bring the profession into ./Barrett_-_Web_Decision.pdf-disrepute. ./Barrett_-_Web_Decision.pdf- ./Barrett_-_Web_Decision.pdf- ./Barrett_-_Web_Decision.pdf-C. Preliminary applications ./Barrett_-_Web_Decision.pdf-There were no preliminary applications. ./Barrett_-_Web_Decision.pdf- ./Barrett_-_Web_Decision.pdf-Documents -- ./Barrett_-_Web_Decision.pdf-of the hearing. ./Barrett_-_Web_Decision.pdf- ./Barrett_-_Web_Decision.pdf-In advance of the meeting, the National College agreed to a request from Mr Barrett that ./Barrett_-_Web_Decision.pdf-the allegations be considered without a hearing. The panel has the ability to direct that ./Barrett_-_Web_Decision.pdf-the case be considered at a hearing if required in the interests of justice or in the public ./Barrett_-_Web_Decision.pdf-interest. The panel did not determine that such a direction is necessary or appropriate in ./Barrett_-_Web_Decision.pdf-this case. ./Barrett_-_Web_Decision.pdf- ./Barrett_-_Web_Decision.pdf-Mr Barrett was employed as a teacher at the Roman Fields (‘the School’) from ./Barrett_-_Web_Decision.pdf-September 2014 until 12 July 2017. The allegations relate to Mr Barrett's viewing of ./Barrett_-_Web_Decision.pdf:explicit sexual footage on his computer, whilst within the school premises between 9 ./Barrett_-_Web_Decision.pdf-December 2016 and 15 December 2016 on a regular basis. On a number of occasions it ./Barrett_-_Web_Decision.pdf-is alleged that pupils were present in the classroom when such material was on Mr ./Barrett_-_Web_Decision.pdf-Barrett’s screen. In particular on 12 December 2016 after 11.12am a pupil went up to Mr ./Barrett_-_Web_Decision.pdf:Barrett’s desk whilst he was viewing two individuals having sexual intercourse. ./Barrett_-_Web_Decision.pdf- ./Barrett_-_Web_Decision.pdf-The panel also viewed selections of CCTV footage from 9 December 2016 to 15 ./Barrett_-_Web_Decision.pdf-December 2016 taken from the CCTV camera positioned in the left hand corner of the ./Barrett_-_Web_Decision.pdf-class room where Mr Barrett was teaching. The CCTV footage provides a comprehensive ./Barrett_-_Web_Decision.pdf-view of the room layout including Mr Barrett's computer screen . ./Barrett_-_Web_Decision.pdf- ./Barrett_-_Web_Decision.pdf-The panel disregarded the findings of the School's disciplinary process and has made its ./Barrett_-_Web_Decision.pdf-own decision based on the evidence presented. ./Barrett_-_Web_Decision.pdf- ./Barrett_-_Web_Decision.pdf- -- ./Barrett_-_Web_Decision.pdf- ./Barrett_-_Web_Decision.pdf-The panel has found the following particulars of the allegations against you proven, for ./Barrett_-_Web_Decision.pdf-these reasons: ./Barrett_-_Web_Decision.pdf- ./Barrett_-_Web_Decision.pdf-You are guilty of unacceptable professional conduct and/or conduct that may bring ./Barrett_-_Web_Decision.pdf-the profession into disrepute in that whilst employed as a teacher at the Roman ./Barrett_-_Web_Decision.pdf-Fields from September 2014 until July 2017; ./Barrett_-_Web_Decision.pdf- ./Barrett_-_Web_Decision.pdf-1. Between 9th December and 15th December 2016, you engaged in conduct of a ./Barrett_-_Web_Decision.pdf- sexual nature, in that you accessed and/or viewed material of a sexual ./Barrett_-_Web_Decision.pdf: and/or pornographic nature ./Barrett_-_Web_Decision.pdf- ./Barrett_-_Web_Decision.pdf- a. during school hours and whilst on school premises on more than one ./Barrett_-_Web_Decision.pdf- occasion; ./Barrett_-_Web_Decision.pdf- ./Barrett_-_Web_Decision.pdf- b. when at least one pupil was working in the classroom whilst you were ./Barrett_-_Web_Decision.pdf- accessing and/or viewing such material on more than one occasion; ./Barrett_-_Web_Decision.pdf- ./Barrett_-_Web_Decision.pdf:Mr Barrett admits that he viewed the material of sexual and/or pornographic nature on 9, ./Barrett_-_Web_Decision.pdf-12, 13 and 14 December 2016. He acknowledges that on these specified dates he ./Barrett_-_Web_Decision.pdf-viewed the material on a regular basis. Mr Barrett acknowledges that on or around 12 ./Barrett_-_Web_Decision.pdf-December 2016 at around 11am a pupil came up to his desk when he was viewing two ./Barrett_-_Web_Decision.pdf-individuals having sexual intercourse. ./Barrett_-_Web_Decision.pdf- ./Barrett_-_Web_Decision.pdf-Mr Barrett admits that on 12, 13 and 14 December 2016 he viewed material of sexual ./Barrett_-_Web_Decision.pdf:and/or pornographic nature when one or more pupils were in the classroom. ./Barrett_-_Web_Decision.pdf- ./Barrett_-_Web_Decision.pdf-Mr Barrett admits that the material he viewed and/or accessed included videos of naked ./Barrett_-_Web_Decision.pdf:adults and adults participating in sexual activity. Mr Barrett acknowledges that he should ./Barrett_-_Web_Decision.pdf-not have been viewing this type of material within the School’s premises and when pupils ./Barrett_-_Web_Decision.pdf-were in the classroom. ./Barrett_-_Web_Decision.pdf- ./Barrett_-_Web_Decision.pdf-Mr Barrett's admission is supported by the evidence in the case papers including the ./Barrett_-_Web_Decision.pdf-statement of Individual A. The panel has viewed a selection of CCTV footage and noted ./Barrett_-_Web_Decision.pdf-the CCTV log contained in the case papers. The CCTV log clearly shows Mr Barrett ./Barrett_-_Web_Decision.pdf:accessing and viewing videos of a sexual nature on school premises on more than one ./Barrett_-_Web_Decision.pdf-occasion between 9 December 2016 to 14 December 2016 and viewing videos of a ./Barrett_-_Web_Decision.pdf:sexual nature whilst pupils were present from 12 December 2016 to 14 December 2016. ./Barrett_-_Web_Decision.pdf- ./Barrett_-_Web_Decision.pdf:2. In undertaking allegation 1, you were sexually motivated. ./Barrett_-_Web_Decision.pdf- ./Barrett_-_Web_Decision.pdf:Mr Barrett admits that in undertaking allegation 1 he was sexually motivated. He accepts ./Barrett_-_Web_Decision.pdf-that, on an objective basis, based on his admitted conduct at allegation 1 above, an ./Barrett_-_Web_Decision.pdf- ./Barrett_-_Web_Decision.pdf- ./Barrett_-_Web_Decision.pdf- 6 ./Barrett_-_Web_Decision.pdf- -- ./Barrett_-_Web_Decision.pdf-ordinary and reasonable member of the teaching profession would view his conduct as ./Barrett_-_Web_Decision.pdf:sexually motivated. ./Barrett_-_Web_Decision.pdf- ./Barrett_-_Web_Decision.pdf:Mr Barrett also accepts that subjectively he was aware that his conduct was sexually ./Barrett_-_Web_Decision.pdf:motivated and that he sought some form of sexual gratification when viewing the material ./Barrett_-_Web_Decision.pdf-described at allegation 1 above. ./Barrett_-_Web_Decision.pdf- ./Barrett_-_Web_Decision.pdf-The panel is aware that no alternative explanation for Mr Barrett's viewing of the material ./Barrett_-_Web_Decision.pdf-has been put forward and in the absence of such evidence the panel can see no ./Barrett_-_Web_Decision.pdf:alternative explanation other than sexual motivation. ./Barrett_-_Web_Decision.pdf- ./Barrett_-_Web_Decision.pdf-Findings as to unacceptable professional conduct and/or conduct that ./Barrett_-_Web_Decision.pdf-may bring the profession into disrepute ./Barrett_-_Web_Decision.pdf-Having found the allegations to have been proven, the panel has gone on to consider ./Barrett_-_Web_Decision.pdf-whether the facts of those proven allegations amount to unacceptable professional ./Barrett_-_Web_Decision.pdf-conduct and/or conduct that may bring the profession into disrepute. ./Barrett_-_Web_Decision.pdf- ./Barrett_-_Web_Decision.pdf-In the statement of agreed facts, Mr Barrett accepts that his admitted conduct amounts to ./Barrett_-_Web_Decision.pdf-unacceptable professional conduct and/or conduct that may bring the profession into ./Barrett_-_Web_Decision.pdf-disrepute. -- ./Barrett_-_Web_Decision.pdf-  Teachers must have proper and professional regard for the ethos, policies and ./Barrett_-_Web_Decision.pdf- practices of the school in which they teach ./Barrett_-_Web_Decision.pdf-  Teachers must have an understanding of, and always act within, the statutory ./Barrett_-_Web_Decision.pdf- frameworks which set out their professional duties and responsibilities. ./Barrett_-_Web_Decision.pdf-The panel is satisfied that the conduct of Mr Barrett amounts to misconduct of a serious ./Barrett_-_Web_Decision.pdf-nature which fell significantly short of the standards expected of the profession. ./Barrett_-_Web_Decision.pdf- ./Barrett_-_Web_Decision.pdf-The panel has also considered whether Mr Barrett's conduct displayed behaviours ./Barrett_-_Web_Decision.pdf-associated with any of the offences listed on pages 8 and 9 of the Advice. ./Barrett_-_Web_Decision.pdf- ./Barrett_-_Web_Decision.pdf:The panel has found that the offence of sexual activity is relevant given that Mr Barrett ./Barrett_-_Web_Decision.pdf:engaged in conduct of a sexual nature for some form of his own sexual gratification. ./Barrett_-_Web_Decision.pdf- ./Barrett_-_Web_Decision.pdf- ./Barrett_-_Web_Decision.pdf- ./Barrett_-_Web_Decision.pdf- 7 ./Barrett_-_Web_Decision.pdf- -- ./Barrett_-_Web_Decision.pdf-The panel has considered the particular public interest considerations set out in the ./Barrett_-_Web_Decision.pdf-Advice and having done so has found a number of them to be relevant in this case, ./Barrett_-_Web_Decision.pdf-namely the protection of pupils, the protection of other members of the public, the ./Barrett_-_Web_Decision.pdf-maintenance of public confidence in the profession, declaring and upholding proper ./Barrett_-_Web_Decision.pdf-standards of conduct, confidence in the regulatory process and the interest of retaining ./Barrett_-_Web_Decision.pdf-the teacher in the profession. ./Barrett_-_Web_Decision.pdf- ./Barrett_-_Web_Decision.pdf-In light of the panel’s findings against Mr Barrett, which involved engaging in conduct of a ./Barrett_-_Web_Decision.pdf-sexual nature which was sexually motivated, there is a strong public interest ./Barrett_-_Web_Decision.pdf-consideration in the protection of pupils given the serious finding of serious sexual ./Barrett_-_Web_Decision.pdf:misconduct. Mr Barrett accessed and viewed materials of a sexual and/or pornographic ./Barrett_-_Web_Decision.pdf- ./Barrett_-_Web_Decision.pdf- 8 ./Barrett_-_Web_Decision.pdf- -- ./Barrett_-_Web_Decision.pdf-considerations both in favour of and against prohibition as well as the interests of Mr ./Barrett_-_Web_Decision.pdf-Barrett. The panel took further account of the Advice, which suggests that a prohibition ./Barrett_-_Web_Decision.pdf-order may be appropriate if certain behaviours of a teacher have been proven. In the list ./Barrett_-_Web_Decision.pdf-of such behaviours, those that are relevant in this case are: ./Barrett_-_Web_Decision.pdf- ./Barrett_-_Web_Decision.pdf-  serious departure from the personal and professional conduct elements of the ./Barrett_-_Web_Decision.pdf- Teachers’ Standards; ./Barrett_-_Web_Decision.pdf-  misconduct seriously affecting the education and/or well-being of pupils, and ./Barrett_-_Web_Decision.pdf- particularly where there is a continuing risk; ./Barrett_-_Web_Decision.pdf-  a deep-seated attitude that leads to harmful behaviour; ./Barrett_-_Web_Decision.pdf:  sexual misconduct, e.g. involving actions that were sexually motivated or of a ./Barrett_-_Web_Decision.pdf: sexual nature and/or that use or exploit the trust, knowledge or influence derived ./Barrett_-_Web_Decision.pdf- from the individual’s professional position; ./Barrett_-_Web_Decision.pdf-Even though there were behaviours that would point to a prohibition order being ./Barrett_-_Web_Decision.pdf-appropriate, the panel went on to consider whether or not there were sufficient mitigating ./Barrett_-_Web_Decision.pdf-factors to militate against a prohibition order being an appropriate and proportionate ./Barrett_-_Web_Decision.pdf-measure to impose, particularly taking into account the nature and severity of the ./Barrett_-_Web_Decision.pdf-behaviour in this case. ./Barrett_-_Web_Decision.pdf- ./Barrett_-_Web_Decision.pdf-There was no evidence that the teacher’s actions were not deliberate. Mr Barrett has ./Barrett_-_Web_Decision.pdf-admitted that his conduct amounts to unacceptable professional conduct and conduct ./Barrett_-_Web_Decision.pdf-which may bring the profession into disrepute. However, he has not shown insight into -- ./Barrett_-_Web_Decision.pdf-There was no evidence to suggest that the teacher was acting under duress, and in fact ./Barrett_-_Web_Decision.pdf-the panel found the teacher’s actions to be calculated, motivated and repeated, in ./Barrett_-_Web_Decision.pdf-particular the panel noted that he had the materials ready to access on his computer ./Barrett_-_Web_Decision.pdf-during school hours and that, on occasions, he drew the curtains in the classroom whilst ./Barrett_-_Web_Decision.pdf:viewing the materials. He also accessed and viewed sexual and pornographic materials ./Barrett_-_Web_Decision.pdf-whist pupils were present in the classroom. ./Barrett_-_Web_Decision.pdf- ./Barrett_-_Web_Decision.pdf-The teacher did have a previously good history and admitted the allegations consistently. ./Barrett_-_Web_Decision.pdf-The panel carefully considered his letter to the National College and reference made to ./Barrett_-_Web_Decision.pdf-his teaching abilities contained in the case papers. The panel noted that no professional ./Barrett_-_Web_Decision.pdf-references had been provided by Mr Barrett that attested to his professional abilities. The ./Barrett_-_Web_Decision.pdf-panel noted Mr Barrett's health condition and that this pre-dated the conduct found ./Barrett_-_Web_Decision.pdf-proved. ./Barrett_-_Web_Decision.pdf- ./Barrett_-_Web_Decision.pdf-The panel first considered whether it would be proportionate to conclude this case with -- ./Barrett_-_Web_Decision.pdf-The panel went on to consider whether or not it would be appropriate to recommend that ./Barrett_-_Web_Decision.pdf-a review period of the order should be considered. The panel was mindful of the Advice ./Barrett_-_Web_Decision.pdf-that a prohibition order applies for life, but there may be circumstances in any given case ./Barrett_-_Web_Decision.pdf-that may make it appropriate to allow a teacher to apply to have the prohibition order ./Barrett_-_Web_Decision.pdf-reviewed after a specified period of time that may not be less than 2 years. ./Barrett_-_Web_Decision.pdf- ./Barrett_-_Web_Decision.pdf-The Advice indicates that there are behaviours that, if proven, would militate against a ./Barrett_-_Web_Decision.pdf-review period being recommended. One of these behaviours includes serious sexual ./Barrett_-_Web_Decision.pdf-misconduct, given that Mr Barrett's conduct was sexually motivated and had the potential ./Barrett_-_Web_Decision.pdf-to result in harm to a person or persons, including pupils and colleagues who could have ./Barrett_-_Web_Decision.pdf:inadvertently viewed material of a sexual and pornographic nature. Furthermore, Mr ./Barrett_-_Web_Decision.pdf:Barrett has been responsible for engaging in conduct of a sexual nature whilst on school ./Barrett_-_Web_Decision.pdf-premises, on more than one occasion and whilst, on occasion, at least one pupil was ./Barrett_-_Web_Decision.pdf:working in the classroom and which was sexually motivated. ./Barrett_-_Web_Decision.pdf- ./Barrett_-_Web_Decision.pdf- ./Barrett_-_Web_Decision.pdf- ./Barrett_-_Web_Decision.pdf- 10 ./Barrett_-_Web_Decision.pdf- -- ./Barrett_-_Web_Decision.pdf- o having regard for the need to safeguard pupils’ well-being, in accordance with ./Barrett_-_Web_Decision.pdf- statutory provisions; ./Barrett_-_Web_Decision.pdf- o showing tolerance of and respect for the rights of others; ./Barrett_-_Web_Decision.pdf-  Teachers must have proper and professional regard for the ethos, policies and ./Barrett_-_Web_Decision.pdf- practices of the school in which they teach ./Barrett_-_Web_Decision.pdf-  Teachers must have an understanding of, and always act within, the statutory ./Barrett_-_Web_Decision.pdf- frameworks which set out their professional duties and responsibilities. ./Barrett_-_Web_Decision.pdf-The panel has also considered whether Mr Barrett's conduct displayed behaviours ./Barrett_-_Web_Decision.pdf-associated with any of the offences listed on pages 8 and 9 of the Advice. ./Barrett_-_Web_Decision.pdf- ./Barrett_-_Web_Decision.pdf:The panel has found that the offence of sexual activity is relevant given that Mr Barrett ./Barrett_-_Web_Decision.pdf:engaged in conduct of a sexual nature for some form of his own sexual gratification. ./Barrett_-_Web_Decision.pdf- ./Barrett_-_Web_Decision.pdf- ./Barrett_-_Web_Decision.pdf- ./Barrett_-_Web_Decision.pdf- ./Barrett_-_Web_Decision.pdf- 11 ./Barrett_-_Web_Decision.pdf- -- ./Barrett_-_Web_Decision.pdf-achieve that aim taking into account the impact that it will have on the individual teacher. ./Barrett_-_Web_Decision.pdf-I have also asked myself whether or not a less intrusive measure, such as the published ./Barrett_-_Web_Decision.pdf-finding of unacceptable professional conduct and conduct that may bring the profession ./Barrett_-_Web_Decision.pdf-into disrepute, would itself be sufficient to achieve the overall aim. I have to consider ./Barrett_-_Web_Decision.pdf-whether the consequences of such a publication are themselves sufficient. I have ./Barrett_-_Web_Decision.pdf-considered therefore whether or not prohibiting Mr Barrett, and the impact that will have ./Barrett_-_Web_Decision.pdf-on him, is proportionate. ./Barrett_-_Web_Decision.pdf- ./Barrett_-_Web_Decision.pdf-In this case I have considered the extent to which a prohibition order would protect ./Barrett_-_Web_Decision.pdf-children. The panel has observed “Mr Barrett accessed and viewed materials of a sexual ./Barrett_-_Web_Decision.pdf:and/or pornographic nature during schools hours, whilst on school premises, whilst, on ./Barrett_-_Web_Decision.pdf-more than one occasion, at least one pupil was working in the classroom.” ./Barrett_-_Web_Decision.pdf- ./Barrett_-_Web_Decision.pdf-A prohibition order would therefore prevent such a risk from being present in the future. I ./Barrett_-_Web_Decision.pdf-have also taken into account the panel’s comments on insight and remorse which the ./Barrett_-_Web_Decision.pdf-panel sets out as follows, “Mr Barrett has expressed regret but the panel has no evidence ./Barrett_-_Web_Decision.pdf-of insight.” The panel also noted that “Mr Barrett is receiving treatment for his health ./Barrett_-_Web_Decision.pdf-condition but given the long-standing nature of his condition, the panel has no evidence ./Barrett_-_Web_Decision.pdf-to satisfy it that such treatment will address the deep seated attitude which resulted in the ./Barrett_-_Web_Decision.pdf-behaviours found proven. Consequently, Mr Barrett presents a continuing risk in terms of ./Barrett_-_Web_Decision.pdf-repetition of his conduct.” ./Barrett_-_Web_Decision.pdf- ./Barrett_-_Web_Decision.pdf-In my judgement the lack of insight means that there is some risk of the repetition of this ./Barrett_-_Web_Decision.pdf-behaviour and this risks the future well-being of pupils given that the panel found that, ./Barrett_-_Web_Decision.pdf:“Mr Barrett has been responsible for engaging in conduct of a sexual nature whilst on ./Barrett_-_Web_Decision.pdf-school premises, on more than one occasion and whilst, on occasion, at least one pupil ./Barrett_-_Web_Decision.pdf:was working in the classroom and which was sexually motivated.” ./Barrett_-_Web_Decision.pdf- ./Barrett_-_Web_Decision.pdf-I have therefore given this element considerable weight in reaching my decision. ./Barrett_-_Web_Decision.pdf- ./Barrett_-_Web_Decision.pdf-I have gone on to consider the extent to which a prohibition order would maintain public ./Barrett_-_Web_Decision.pdf-confidence in the profession. The panel observe, “The findings of misconduct are serious ./Barrett_-_Web_Decision.pdf-and the conduct displayed would likely have a negative impact on the individual’s status ./Barrett_-_Web_Decision.pdf-as a teacher, potentially damaging the public perception”. ./Barrett_-_Web_Decision.pdf- ./Barrett_-_Web_Decision.pdf:I am particularly mindful of the finding of sexual misconduct in this case and the impact ./Barrett_-_Web_Decision.pdf-that such a finding has on the reputation of the profession. ./Barrett_-_Web_Decision.pdf- ./Barrett_-_Web_Decision.pdf- 12 ./Barrett_-_Web_Decision.pdf- -- ./Barrett_-_Web_Decision.pdf-A prohibition order would prevent Mr Barrett from teaching and would also clearly deprive ./Barrett_-_Web_Decision.pdf-the public of his contribution to the profession for the period that it is in force. ./Barrett_-_Web_Decision.pdf- ./Barrett_-_Web_Decision.pdf-In this case I have placed considerable weight on the panel’s comments concerning the ./Barrett_-_Web_Decision.pdf-lack of insight. ./Barrett_-_Web_Decision.pdf- ./Barrett_-_Web_Decision.pdf-I have also placed considerable weight on the finding of the panel that Mr Barrett’s, ./Barrett_-_Web_Decision.pdf-“behaviours includes serious sexual misconduct, given that Mr Barrett's conduct was ./Barrett_-_Web_Decision.pdf-sexually motivated and had the potential to result in harm to a person or persons, ./Barrett_-_Web_Decision.pdf-including pupils and colleagues who could have inadvertently viewed material of a sexual ./Barrett_-_Web_Decision.pdf:and pornographic nature.” ./Barrett_-_Web_Decision.pdf- ./Barrett_-_Web_Decision.pdf-I have given less weight in my consideration of sanction therefore, to the contribution that ./Barrett_-_Web_Decision.pdf-Mr Barrett has made to the profession. In my view it is necessary to impose a prohibition ./Barrett_-_Web_Decision.pdf-order in order to maintain public confidence in the profession. A published decision that is ./Barrett_-_Web_Decision.pdf-not backed up by appropriate insight does not in my view satisfy the public interest ./Barrett_-_Web_Decision.pdf-requirement concerning public confidence in the profession. ./Barrett_-_Web_Decision.pdf- ./Barrett_-_Web_Decision.pdf-For these reasons I have concluded that a prohibition order is proportionate and in the ./Barrett_-_Web_Decision.pdf-public interest in order to achieve the aims which a prohibition order is intended to ./Barrett_-_Web_Decision.pdf-achieve. -- ./Barrett_-_Web_Decision.pdf-I have considered whether allowing for no review period reflects the seriousness of the ./Barrett_-_Web_Decision.pdf-findings and is proportionate to achieve the aim of maintaining public confidence in the ./Barrett_-_Web_Decision.pdf-profession. In this case, there are three factors that in my view mean that allowing for no ./Barrett_-_Web_Decision.pdf-review period is necessary to achieve the aim of maintaining public confidence in the ./Barrett_-_Web_Decision.pdf:profession. These elements are the sexual misconduct found, the lack of insight and the ./Barrett_-_Web_Decision.pdf-ongoing risk of repetition. ./Barrett_-_Web_Decision.pdf- ./Barrett_-_Web_Decision.pdf-I consider therefore that allowing for no review period is necessary to satisfy the ./Barrett_-_Web_Decision.pdf-maintenance of public confidence in the profession. ./Barrett_-_Web_Decision.pdf- ./Barrett_-_Web_Decision.pdf-This means that Mr Julian Barrett is prohibited from teaching indefinitely and ./Barrett_-_Web_Decision.pdf-cannot teach in any school, sixth form college, relevant youth accommodation or ./Barrett_-_Web_Decision.pdf-children’s home in England. Furthermore, in view of the seriousness of the allegations ./Barrett_-_Web_Decision.pdf-found proved against him, I have decided that Mr Julian Barrett shall not be entitled to ./Barrett_-_Web_Decision.pdf-apply for restoration of his eligibility to teach. ./Bartlett_Nicholas_-_Web_Decision.pdf- ./Bartlett_Nicholas_-_Web_Decision.pdf- b. Put his hand down her trousers and/or pants and touched and/or squeezed ./Bartlett_Nicholas_-_Web_Decision.pdf- her bottom; ./Bartlett_Nicholas_-_Web_Decision.pdf- ./Bartlett_Nicholas_-_Web_Decision.pdf- c. Hugged her; ./Bartlett_Nicholas_-_Web_Decision.pdf- ./Bartlett_Nicholas_-_Web_Decision.pdf- 2. Shortly after summer camp he sent Pupil A a Facebook friend request; ./Bartlett_Nicholas_-_Web_Decision.pdf- ./Bartlett_Nicholas_-_Web_Decision.pdf- 3. On 31 October 2015, he sent Pupil A 3 Facebook messages; ./Bartlett_Nicholas_-_Web_Decision.pdf- ./Bartlett_Nicholas_-_Web_Decision.pdf: 4. His actions set out at 1 above were sexually motivated; ./Bartlett_Nicholas_-_Web_Decision.pdf- ./Bartlett_Nicholas_-_Web_Decision.pdf- 5. On the evening when the events with Pupil A referred to at paragraph 1 above ./Bartlett_Nicholas_-_Web_Decision.pdf- took place, he consumed alcohol and/or became drunk while responsible for 11 ./Bartlett_Nicholas_-_Web_Decision.pdf- and 12 year old pupils; ./Bartlett_Nicholas_-_Web_Decision.pdf- ./Bartlett_Nicholas_-_Web_Decision.pdf- 6. By his action set out at 5 above he potentially put pupils at risk. ./Bartlett_Nicholas_-_Web_Decision.pdf- ./Bartlett_Nicholas_-_Web_Decision.pdf-Mr Bartlett provided a written statement to the NCTL on 15 February 2017, in which his ./Bartlett_Nicholas_-_Web_Decision.pdf-response to the allegations is as follows: ./Bartlett_Nicholas_-_Web_Decision.pdf- -- ./Bartlett_Nicholas_-_Web_Decision.pdf-these proceedings and also to maintain confidence in the teaching profession. The panel ./Bartlett_Nicholas_-_Web_Decision.pdf-has noted Mr Bartlett’s request to protect the identities of the parties involved in the ./Bartlett_Nicholas_-_Web_Decision.pdf-allegations. Mr Bartlett has not given any other reason to support the application. ./Bartlett_Nicholas_-_Web_Decision.pdf- ./Bartlett_Nicholas_-_Web_Decision.pdf-The panel has balanced the reason that Mr Bartlett has requested that the public be ./Bartlett_Nicholas_-_Web_Decision.pdf-excluded against the competing reasons for which a public hearing is required. ./Bartlett_Nicholas_-_Web_Decision.pdf- ./Bartlett_Nicholas_-_Web_Decision.pdf-The panel notes that it has a discretion pursuant to section 4.71 of the Procedures to ./Bartlett_Nicholas_-_Web_Decision.pdf-treat Pupil A as a vulnerable witness if it considers that the test for doing so in that ./Bartlett_Nicholas_-_Web_Decision.pdf-section is satisfied. The panel is conscious of the fact that the allegation against Mr ./Bartlett_Nicholas_-_Web_Decision.pdf:Bartlett is of a sexual nature and Pupil A was the alleged victim. In addition, although ./Bartlett_Nicholas_-_Web_Decision.pdf-Pupil A is now over 18 years of age, she was under 18 years of age at the time of the ./Bartlett_Nicholas_-_Web_Decision.pdf-events that gave rise to the allegations. As a result, the panel considers Pupil A to be a ./Bartlett_Nicholas_-_Web_Decision.pdf-vulnerable witness. The panel also notes that the other former pupils referred to in the ./Bartlett_Nicholas_-_Web_Decision.pdf-evidence are of the same age group and that identification of them may enable Pupil A to ./Bartlett_Nicholas_-_Web_Decision.pdf-be identified. Consequently the panel has decided to anonymise Pupil A and the other ./Bartlett_Nicholas_-_Web_Decision.pdf-pupils referred to in the evidence during these proceedings. ./Bartlett_Nicholas_-_Web_Decision.pdf- ./Bartlett_Nicholas_-_Web_Decision.pdf-In relation to Mr Bartlett’s application for the hearing (or part of it) to be held in private, ./Bartlett_Nicholas_-_Web_Decision.pdf-the panel notes that any departure from the general rule has to be no greater than the ./Bartlett_Nicholas_-_Web_Decision.pdf-extent reasonably necessary and that interference for a limited period of the hearing is -- ./Bartlett_Nicholas_-_Web_Decision.pdf-The panel has carefully considered the case before it and has reached a decision. ./Bartlett_Nicholas_-_Web_Decision.pdf- ./Bartlett_Nicholas_-_Web_Decision.pdf-The panel confirms that it has read all the documents provided in the bundle in advance ./Bartlett_Nicholas_-_Web_Decision.pdf-of the hearing. ./Bartlett_Nicholas_-_Web_Decision.pdf- ./Bartlett_Nicholas_-_Web_Decision.pdf-Mr Bartlett began working as a supply teacher at Clarendon Academy on 7 January 2013 ./Bartlett_Nicholas_-_Web_Decision.pdf-and became a permanent science teacher on 27 January 2014. From 29 June 2015 to 3 ./Bartlett_Nicholas_-_Web_Decision.pdf-July 2015 he accompanied some pupils on a school summer camp, during which it is ./Bartlett_Nicholas_-_Web_Decision.pdf:alleged that he sexually assaulted Pupil A. It is also alleged that Mr Bartlett sent Pupil A a ./Bartlett_Nicholas_-_Web_Decision.pdf-‘friend request’ and three messages via Facebook. A few months later, Pupil A discussed ./Bartlett_Nicholas_-_Web_Decision.pdf-the events at the summer camp with Pupil B. Pupil B told her mother and Pupil B’s ./Bartlett_Nicholas_-_Web_Decision.pdf-mother reported it to the School on 19 November 2015. Mr Bartlett was subsequently ./Bartlett_Nicholas_-_Web_Decision.pdf-suspended from the School on 20 November. A police investigation ensued but did not ./Bartlett_Nicholas_-_Web_Decision.pdf-result in a criminal prosecution as Pupil A declined to make a formal complaint. The ./Bartlett_Nicholas_-_Web_Decision.pdf-School then conducted its own investigation and Mr Bartlett resigned. ./Bartlett_Nicholas_-_Web_Decision.pdf- ./Bartlett_Nicholas_-_Web_Decision.pdf-Findings of fact ./Bartlett_Nicholas_-_Web_Decision.pdf-The panel must decide whether the facts of the case have been proved on the balance of ./Bartlett_Nicholas_-_Web_Decision.pdf-probabilities and its findings of fact are as follows. -- ./Bartlett_Nicholas_-_Web_Decision.pdf- 3. On 31 October 2015, you sent Pupil A 3 Facebook messages; ./Bartlett_Nicholas_-_Web_Decision.pdf- ./Bartlett_Nicholas_-_Web_Decision.pdf-Pupil A’s statement states that she received three Facebook messages from Mr Bartlett ./Bartlett_Nicholas_-_Web_Decision.pdf-in October 2015 and she confirmed that this was correct in her oral evidence. The panel ./Bartlett_Nicholas_-_Web_Decision.pdf-has seen copies of the messages in the hearing bundle. The panel noted that one of ./Bartlett_Nicholas_-_Web_Decision.pdf-these messages was sent at 5:23am. Pupil A also stated in oral evidence that she ./Bartlett_Nicholas_-_Web_Decision.pdf-received a copy of one of them to her school email account. ./Bartlett_Nicholas_-_Web_Decision.pdf- ./Bartlett_Nicholas_-_Web_Decision.pdf-Mr Bartlett’s statement admits this allegation and it is therefore found proved. ./Bartlett_Nicholas_-_Web_Decision.pdf- ./Bartlett_Nicholas_-_Web_Decision.pdf: 4. Your actions set out at 1 above were sexually motivated; ./Bartlett_Nicholas_-_Web_Decision.pdf- ./Bartlett_Nicholas_-_Web_Decision.pdf-In relation to the parts of allegation 1 that Mr Bartlett admits, the panel notes that Mr ./Bartlett_Nicholas_-_Web_Decision.pdf:Bartlett’s statement denies that his actions were sexually motivated. ./Bartlett_Nicholas_-_Web_Decision.pdf- ./Bartlett_Nicholas_-_Web_Decision.pdf-The panel is of the view that on the balance of probabilities, a reasonable person would ./Bartlett_Nicholas_-_Web_Decision.pdf:consider the actions found proven in allegation 1 to have been sexually motivated. This is ./Bartlett_Nicholas_-_Web_Decision.pdf-particularly the case in relation to stroking the top of Pupil A’s thigh for a couple of ./Bartlett_Nicholas_-_Web_Decision.pdf-minutes and touching her bottom underneath her clothes and underwear, whilst hugging ./Bartlett_Nicholas_-_Web_Decision.pdf-her. Furthermore, the panel considers that the evidence presented to it regarding the ./Bartlett_Nicholas_-_Web_Decision.pdf-context in which the conduct took place indicates that it is more likely than not that the ./Bartlett_Nicholas_-_Web_Decision.pdf:purpose of the conduct was sexual. In particular, in relation to the nature and physicality ./Bartlett_Nicholas_-_Web_Decision.pdf-of the contact referred to in particulars 1a and 1b. It is also relevant that the conduct took ./Bartlett_Nicholas_-_Web_Decision.pdf-place at night, after Mr Bartlett had consumed alcohol and out of the sight of other pupils ./Bartlett_Nicholas_-_Web_Decision.pdf-and teachers. ./Bartlett_Nicholas_-_Web_Decision.pdf- ./Bartlett_Nicholas_-_Web_Decision.pdf:The panel therefore concludes that the actions in allegation 1 were sexually motivated. ./Bartlett_Nicholas_-_Web_Decision.pdf- ./Bartlett_Nicholas_-_Web_Decision.pdf- 5. On the evening when the events with Pupil A referred to at paragraph 1 ./Bartlett_Nicholas_-_Web_Decision.pdf- above took place, you consumed alcohol and/or became drunk while ./Bartlett_Nicholas_-_Web_Decision.pdf- responsible for 11 and 12 year old pupils; ./Bartlett_Nicholas_-_Web_Decision.pdf- ./Bartlett_Nicholas_-_Web_Decision.pdf-The panel heard oral evidence from Pupil A that year 7 pupils (aged between 11 and 12 ./Bartlett_Nicholas_-_Web_Decision.pdf-years old) were present at the camp in question, albeit that they had gone to bed earlier ./Bartlett_Nicholas_-_Web_Decision.pdf-in the evening before the events referred to in allegation 1 took place. Pupil A also stated ./Bartlett_Nicholas_-_Web_Decision.pdf-that Mr Bartlett consumed alcohol during the evening, although she did not consider him ./Bartlett_Nicholas_-_Web_Decision.pdf-to be intoxicated. -- ./Bartlett_Nicholas_-_Web_Decision.pdf- o Only touching pupils for professional reasons when this is necessary and ./Bartlett_Nicholas_-_Web_Decision.pdf- appropriate for the pupil’s wellbeing or safety; ./Bartlett_Nicholas_-_Web_Decision.pdf- ./Bartlett_Nicholas_-_Web_Decision.pdf- o Not behaving in a way that could lead a reasonable observer to question ./Bartlett_Nicholas_-_Web_Decision.pdf- the staff’s conduct, intentions or suitability to care for other people’s ./Bartlett_Nicholas_-_Web_Decision.pdf- children; ./Bartlett_Nicholas_-_Web_Decision.pdf- ./Bartlett_Nicholas_-_Web_Decision.pdf- o Not making arrangements to communicate with pupils outside of work ./Bartlett_Nicholas_-_Web_Decision.pdf- (including by email or other messaging systems); and ./Bartlett_Nicholas_-_Web_Decision.pdf- ./Bartlett_Nicholas_-_Web_Decision.pdf: o Not developing a personal or sexual relationship with pupils. Attention is ./Bartlett_Nicholas_-_Web_Decision.pdf- drawn to the Sexual Offences Act 2003 (specifically the offence of abuse in ./Bartlett_Nicholas_-_Web_Decision.pdf- a position of trust) and an explanation is provided of the imbalance of power ./Bartlett_Nicholas_-_Web_Decision.pdf- between teachers and students and therefore the position of trust that ./Bartlett_Nicholas_-_Web_Decision.pdf- teachers are in when looking after students in their care. ./Bartlett_Nicholas_-_Web_Decision.pdf- ./Bartlett_Nicholas_-_Web_Decision.pdf-In Mr Bartlett’s interview with the Investigation Officer on 15 December 2015, he ./Bartlett_Nicholas_-_Web_Decision.pdf-confirmed that he had received safeguarding training and was familiar with these policies ./Bartlett_Nicholas_-_Web_Decision.pdf- ./Bartlett_Nicholas_-_Web_Decision.pdf- ./Bartlett_Nicholas_-_Web_Decision.pdf- 13 -- ./Bartlett_Nicholas_-_Web_Decision.pdf-(amongst others) and the Teachers’ Standards. However, the panel considers that the ./Bartlett_Nicholas_-_Web_Decision.pdf-conduct set out in the allegations constitutes breaches of these policies. ./Bartlett_Nicholas_-_Web_Decision.pdf- ./Bartlett_Nicholas_-_Web_Decision.pdf-The panel has also considered whether Mr Bartlett’s conduct displayed behaviours ./Bartlett_Nicholas_-_Web_Decision.pdf-associated with any of the offences listed on pages 8 and 9 of the Advice. The panel has ./Bartlett_Nicholas_-_Web_Decision.pdf:found that offences involving sexual activity are relevant. The Advice indicates that where ./Bartlett_Nicholas_-_Web_Decision.pdf-behaviours associated with such offences exist, a panel is likely to conclude that an ./Bartlett_Nicholas_-_Web_Decision.pdf-individual’s conduct would amount to unacceptable professional conduct. ./Bartlett_Nicholas_-_Web_Decision.pdf- ./Bartlett_Nicholas_-_Web_Decision.pdf-The panel considers that although the conduct in allegations 1, 4, 5 and 6 did not take ./Bartlett_Nicholas_-_Web_Decision.pdf-place on the School’s premises, it was within an education setting. This is because Mr ./Bartlett_Nicholas_-_Web_Decision.pdf-Bartlett was present at the camp in his capacity as a teacher employed by the School, to ./Bartlett_Nicholas_-_Web_Decision.pdf-look after the students. ./Bartlett_Nicholas_-_Web_Decision.pdf- ./Bartlett_Nicholas_-_Web_Decision.pdf-Ultimately, the panel considers that the misconduct was of a serious nature, which fell ./Bartlett_Nicholas_-_Web_Decision.pdf-significantly short of the behaviour expected of a teacher in Mr Bartlett’s position. His -- ./Bartlett_Nicholas_-_Web_Decision.pdf-The panel has considered the particular public interest considerations set out in the ./Bartlett_Nicholas_-_Web_Decision.pdf-Advice and having done so has found a number of them to be relevant in this case, ./Bartlett_Nicholas_-_Web_Decision.pdf-namely: ./Bartlett_Nicholas_-_Web_Decision.pdf- ./Bartlett_Nicholas_-_Web_Decision.pdf-  The protection of pupils and other members of the public; ./Bartlett_Nicholas_-_Web_Decision.pdf- ./Bartlett_Nicholas_-_Web_Decision.pdf-  The maintenance of public confidence in the profession; and ./Bartlett_Nicholas_-_Web_Decision.pdf- ./Bartlett_Nicholas_-_Web_Decision.pdf-  Declaring and upholding proper standards of conduct. ./Bartlett_Nicholas_-_Web_Decision.pdf- ./Bartlett_Nicholas_-_Web_Decision.pdf:In light of the panel’s findings against Mr Bartlett, which involved sexually motivated ./Bartlett_Nicholas_-_Web_Decision.pdf-misconduct with Pupil A, there is a strong public interest consideration in the protection of ./Bartlett_Nicholas_-_Web_Decision.pdf-pupils. Similarly, the panel considers that public confidence in the profession could be ./Bartlett_Nicholas_-_Web_Decision.pdf-seriously weakened if conduct such as that found against Mr Bartlett was not treated with ./Bartlett_Nicholas_-_Web_Decision.pdf-the utmost seriousness when regulating the conduct of the profession. ./Bartlett_Nicholas_-_Web_Decision.pdf- ./Bartlett_Nicholas_-_Web_Decision.pdf-In view of the clear public interest considerations that were present, the panel has ./Bartlett_Nicholas_-_Web_Decision.pdf-considered carefully whether or not it would be proportionate to impose a prohibition ./Bartlett_Nicholas_-_Web_Decision.pdf-order, taking into account the effect that this would have on Mr Bartlett. ./Bartlett_Nicholas_-_Web_Decision.pdf- ./Bartlett_Nicholas_-_Web_Decision.pdf-In carrying out the balancing exercise, the panel has considered the public interest -- ./Bartlett_Nicholas_-_Web_Decision.pdf-Bartlett. The panel took further account of the Advice, which suggests that a prohibition ./Bartlett_Nicholas_-_Web_Decision.pdf-order may be appropriate if certain behaviours of a teacher have been proven. In the list ./Bartlett_Nicholas_-_Web_Decision.pdf-of such behaviours, those that are relevant in this case are: ./Bartlett_Nicholas_-_Web_Decision.pdf- ./Bartlett_Nicholas_-_Web_Decision.pdf-  a serious departure from the personal and professional conduct elements of the ./Bartlett_Nicholas_-_Web_Decision.pdf- Teachers’ Standards; ./Bartlett_Nicholas_-_Web_Decision.pdf-  misconduct seriously affecting the education and/or well-being of pupils, and ./Bartlett_Nicholas_-_Web_Decision.pdf- particularly where there is a continuing risk; ./Bartlett_Nicholas_-_Web_Decision.pdf-  abuse of position or trust (particularly involving vulnerable pupils) or violation of the ./Bartlett_Nicholas_-_Web_Decision.pdf- rights of pupils; and ./Bartlett_Nicholas_-_Web_Decision.pdf:  sexual misconduct, e.g. involving actions that were sexually motivated or of a ./Bartlett_Nicholas_-_Web_Decision.pdf: sexual nature and/or that use or exploit the trust, knowledge or influence derived ./Bartlett_Nicholas_-_Web_Decision.pdf- from the individual’s professional position. ./Bartlett_Nicholas_-_Web_Decision.pdf-Even though there were behaviours that would point to a prohibition order being ./Bartlett_Nicholas_-_Web_Decision.pdf-appropriate, the panel went on to consider whether or not there were sufficient mitigating ./Bartlett_Nicholas_-_Web_Decision.pdf-factors to militate against a prohibition order being an appropriate and proportionate ./Bartlett_Nicholas_-_Web_Decision.pdf- ./Bartlett_Nicholas_-_Web_Decision.pdf- 15 ./Bartlett_Nicholas_-_Web_Decision.pdf- -- ./Bartlett_Nicholas_-_Web_Decision.pdf-measure to impose, particularly taking into account the nature and severity of the ./Bartlett_Nicholas_-_Web_Decision.pdf-behaviour in this case. ./Bartlett_Nicholas_-_Web_Decision.pdf- ./Bartlett_Nicholas_-_Web_Decision.pdf-The panel noted in this regard that there are no previous findings of misconduct against ./Bartlett_Nicholas_-_Web_Decision.pdf-Mr Bartlett. However, the evidence indicates that Mr Bartlett’s actions were deliberate ./Bartlett_Nicholas_-_Web_Decision.pdf:and sexually motivated. The panel has not received any references as to Mr Bartlett’s ./Bartlett_Nicholas_-_Web_Decision.pdf-abilities as a teacher or character references. ./Bartlett_Nicholas_-_Web_Decision.pdf- ./Bartlett_Nicholas_-_Web_Decision.pdf-The evidence indicates that Mr Bartlett’s behaviour towards Pupil A was part of an ./Bartlett_Nicholas_-_Web_Decision.pdf:evident developing pattern of sexually motivated conduct towards her, which he ./Bartlett_Nicholas_-_Web_Decision.pdf-deliberately hid from others. The panel considers this to have been an outright abuse of ./Bartlett_Nicholas_-_Web_Decision.pdf-his position of trust, given the imbalance of power between him and Pupil A and her ./Bartlett_Nicholas_-_Web_Decision.pdf-vulnerability as a female student under the age of 18 in his care. ./Bartlett_Nicholas_-_Web_Decision.pdf- ./Bartlett_Nicholas_-_Web_Decision.pdf-The panel is concerned by the hidden nature of Mr Bartlett’s conduct and his failure to ./Bartlett_Nicholas_-_Web_Decision.pdf-report it. During Mr Bartlett’s interview with the Investigation Officer, he stated that at the ./Bartlett_Nicholas_-_Web_Decision.pdf-time of the incident in allegation 1b, he thought he had said to Pupil A “I’m going to get ./Bartlett_Nicholas_-_Web_Decision.pdf-fired for that”, which indicates that he recognised the seriousness and inappropriateness ./Bartlett_Nicholas_-_Web_Decision.pdf-of what he had done. Of particular relevance is also Pupil A’s credible oral evidence ./Bartlett_Nicholas_-_Web_Decision.pdf-(supported by her written statement) that after the incident at the camp, Mr Bartlett -- ./Bartlett_Nicholas_-_Web_Decision.pdf-Recommending that publication of adverse findings is sufficient in the case would ./Bartlett_Nicholas_-_Web_Decision.pdf-unacceptably compromise the public interest considerations present, despite the severity ./Bartlett_Nicholas_-_Web_Decision.pdf-of consequences for Mr Bartlett of prohibition. ./Bartlett_Nicholas_-_Web_Decision.pdf- ./Bartlett_Nicholas_-_Web_Decision.pdf-The panel is of the view that prohibition is both proportionate and appropriate. The panel ./Bartlett_Nicholas_-_Web_Decision.pdf-has decided that the public interest considerations outweigh the interests of Mr Bartlett. ./Bartlett_Nicholas_-_Web_Decision.pdf:The fact that the conduct in allegations 1 to 3 was sexually motivated towards a ./Bartlett_Nicholas_-_Web_Decision.pdf-vulnerable student, the hidden nature of this and Mr Bartlett’s attempt to place some of ./Bartlett_Nicholas_-_Web_Decision.pdf-the blame upon Pupil A (which indicates an ongoing safeguarding risk), were significant ./Bartlett_Nicholas_-_Web_Decision.pdf-factors in forming that opinion. Accordingly, the panel makes a recommendation to the ./Bartlett_Nicholas_-_Web_Decision.pdf-Secretary of State that a prohibition order should be imposed with immediate effect. ./Bartlett_Nicholas_-_Web_Decision.pdf- ./Bartlett_Nicholas_-_Web_Decision.pdf-The panel went on to consider whether or not it would be appropriate to recommend that ./Bartlett_Nicholas_-_Web_Decision.pdf-a review period of the order should be considered. The panel were mindful that the ./Bartlett_Nicholas_-_Web_Decision.pdf-Advice advises that a prohibition order applies for life, but that there may be ./Bartlett_Nicholas_-_Web_Decision.pdf-circumstances in any given case that may make it appropriate to allow a teacher to apply ./Bartlett_Nicholas_-_Web_Decision.pdf-to have the prohibition order reviewed after a specified period of time, that may not be ./Bartlett_Nicholas_-_Web_Decision.pdf-less than 2 years. ./Bartlett_Nicholas_-_Web_Decision.pdf- ./Bartlett_Nicholas_-_Web_Decision.pdf-The Advice indicates that there are behaviours that, if proven, would militate against a ./Bartlett_Nicholas_-_Web_Decision.pdf:review period being recommended. These behaviours include serious sexual ./Bartlett_Nicholas_-_Web_Decision.pdf:misconduct, e.g. where the act was sexually motivated and resulted in or had the ./Bartlett_Nicholas_-_Web_Decision.pdf-potential to result in, harm to a person or persons, particularly where the individual has ./Bartlett_Nicholas_-_Web_Decision.pdf-used their professional position to influence or exploit a person or persons. The panel ./Bartlett_Nicholas_-_Web_Decision.pdf:has found that Mr Bartlett has been responsible for doing this, due to his serious sexual ./Bartlett_Nicholas_-_Web_Decision.pdf-misconduct towards a vulnerable student in his care, which constituted an abuse of his ./Bartlett_Nicholas_-_Web_Decision.pdf-position of trust (as explained above). The panel’s observations regarding Mr Bartlett’s ./Bartlett_Nicholas_-_Web_Decision.pdf-insight are also detailed above. ./Bartlett_Nicholas_-_Web_Decision.pdf- ./Bartlett_Nicholas_-_Web_Decision.pdf-The panel therefore felt that the findings indicated a situation in which a review period ./Bartlett_Nicholas_-_Web_Decision.pdf-would not be appropriate and as such has decided that it would be proportionate in all the ./Bartlett_Nicholas_-_Web_Decision.pdf-circumstances for the prohibition order to be recommended without provisions for a ./Bartlett_Nicholas_-_Web_Decision.pdf-review period. ./Bartlett_Nicholas_-_Web_Decision.pdf- ./Bartlett_Nicholas_-_Web_Decision.pdf- -- ./Bartlett_Nicholas_-_Web_Decision.pdf-In this case the Advice published by the Secretary of State suggests that a prohibition ./Bartlett_Nicholas_-_Web_Decision.pdf-order may be appropriate if certain behaviours of a teacher have been proven. In the list ./Bartlett_Nicholas_-_Web_Decision.pdf-of such behaviours, those that are relevant in this case are: ./Bartlett_Nicholas_-_Web_Decision.pdf- ./Bartlett_Nicholas_-_Web_Decision.pdf-  a serious departure from the personal and professional conduct elements of the ./Bartlett_Nicholas_-_Web_Decision.pdf- Teachers’ Standards; ./Bartlett_Nicholas_-_Web_Decision.pdf-  misconduct seriously affecting the education and/or well-being of pupils, and ./Bartlett_Nicholas_-_Web_Decision.pdf- particularly where there is a continuing risk; ./Bartlett_Nicholas_-_Web_Decision.pdf-  abuse of position or trust (particularly involving vulnerable pupils) or violation of the ./Bartlett_Nicholas_-_Web_Decision.pdf- rights of pupils; and ./Bartlett_Nicholas_-_Web_Decision.pdf:  sexual misconduct, e.g. involving actions that were sexually motivated or of a ./Bartlett_Nicholas_-_Web_Decision.pdf: sexual nature and/or that use or exploit the trust, knowledge or influence derived ./Bartlett_Nicholas_-_Web_Decision.pdf- from the individual’s professional position. ./Bartlett_Nicholas_-_Web_Decision.pdf- ./Bartlett_Nicholas_-_Web_Decision.pdf- ./Bartlett_Nicholas_-_Web_Decision.pdf- ./Bartlett_Nicholas_-_Web_Decision.pdf- ./Bartlett_Nicholas_-_Web_Decision.pdf- 18 ./Bartlett_Nicholas_-_Web_Decision.pdf- -- ./Bartlett_Nicholas_-_Web_Decision.pdf-I have weighed the public interest considerations and the interests of Mr Bartlett. In my ./Bartlett_Nicholas_-_Web_Decision.pdf-judgement in this case a prohibition order is merited and is proportionate. I have taken ./Bartlett_Nicholas_-_Web_Decision.pdf-into account the mitigating factors set out by the panel. ./Bartlett_Nicholas_-_Web_Decision.pdf- ./Bartlett_Nicholas_-_Web_Decision.pdf-I have noted that the panel found there to be no previous findings of misconduct against ./Bartlett_Nicholas_-_Web_Decision.pdf-Mr Bartlett. However, the panel are also clear that the evidence indicates that Mr ./Bartlett_Nicholas_-_Web_Decision.pdf:Bartlett’s actions were deliberate and sexually motivated. The panel sets out that it had ./Bartlett_Nicholas_-_Web_Decision.pdf-not received any references as to Mr Bartlett’s abilities as a teacher or character ./Bartlett_Nicholas_-_Web_Decision.pdf-references. ./Bartlett_Nicholas_-_Web_Decision.pdf- ./Bartlett_Nicholas_-_Web_Decision.pdf-The evidence indicates that Mr Bartlett’s behaviour towards Pupil A was part of an ./Bartlett_Nicholas_-_Web_Decision.pdf:evident developing pattern of sexually motivated conduct towards her, which he ./Bartlett_Nicholas_-_Web_Decision.pdf-deliberately hid from others. Like the panel, I consider this to have been an outright ./Bartlett_Nicholas_-_Web_Decision.pdf-abuse of his position of trust, given the imbalance of power between him and Pupil A and ./Bartlett_Nicholas_-_Web_Decision.pdf-her vulnerability as a female student under the age of 18 in his care. ./Bartlett_Nicholas_-_Web_Decision.pdf- ./Bartlett_Nicholas_-_Web_Decision.pdf-For these reasons I support the recommendation of the panel that a prohibition order is ./Bartlett_Nicholas_-_Web_Decision.pdf-imposed on Mr Bartlett. ./Bartlett_Nicholas_-_Web_Decision.pdf- ./Bartlett_Nicholas_-_Web_Decision.pdf-I have gone on to consider the matter of a review period. I have read with care the ./Bartlett_Nicholas_-_Web_Decision.pdf-recommendation of the panel and have also read again the advice on this matter. For the ./Bartlett_Nicholas_-_Web_Decision.pdf-reasons given, taking into account the apparent lack of insight and the serious nature of ./Bartlett_Nicholas_-_Web_Decision.pdf:the sexual misconduct I agree with the recommendation of the panel that there be no ./Bartlett_Nicholas_-_Web_Decision.pdf-review period. In my view this is proportionate, in the public interest and in line with the ./Bartlett_Nicholas_-_Web_Decision.pdf-published advice. ./Bartlett_Nicholas_-_Web_Decision.pdf- ./Bartlett_Nicholas_-_Web_Decision.pdf-This means that Mr Nicholas Bartlett is prohibited from teaching indefinitely and ./Bartlett_Nicholas_-_Web_Decision.pdf-cannot teach in any school, sixth form college, relevant youth accommodation or ./Bartlett_Nicholas_-_Web_Decision.pdf-children’s home in England. Furthermore, in view of the seriousness of the allegations ./Bartlett_Nicholas_-_Web_Decision.pdf-found proved against him, I have decided that Mr Nicholas Bartlett shall not be entitled to ./Bartlett_Nicholas_-_Web_Decision.pdf-apply for restoration of his eligibility to teach. ./Bartlett_Nicholas_-_Web_Decision.pdf- ./Bartlett_Nicholas_-_Web_Decision.pdf-This order takes effect from the date on which it is served on the teacher. ./Barton_Sarah_Web_Decision.pdf- ./Barton_Sarah_Web_Decision.pdf- 1. Failed to maintain boundaries and abused your position of trust, by having an ./Barton_Sarah_Web_Decision.pdf- inappropriate relationship with Pupil A, in that you: ./Barton_Sarah_Web_Decision.pdf- a. Contacted Pupil A by telephone; ./Barton_Sarah_Web_Decision.pdf- b. Met with Pupil A in your school office; ./Barton_Sarah_Web_Decision.pdf- c. Took Pupil A in your car; ./Barton_Sarah_Web_Decision.pdf- d. Kissed Pupil A; ./Barton_Sarah_Web_Decision.pdf- e. Met Pupil A in numerous public places; ./Barton_Sarah_Web_Decision.pdf- f. Took Pupil A to see the musical “Matilda” in London during half term; ./Barton_Sarah_Web_Decision.pdf- g. Booked overnight accommodation for yourself and Pupil A; ./Barton_Sarah_Web_Decision.pdf: h. Had sexual intercourse with Pupil A; ./Barton_Sarah_Web_Decision.pdf- i. Attended Pupil A’s parents’ house; ./Barton_Sarah_Web_Decision.pdf- j. Attended Pupil A’s birthday party. ./Barton_Sarah_Web_Decision.pdf- 2. In failing to maintain boundaries and abusing your position of trust, by having an ./Barton_Sarah_Web_Decision.pdf: inappropriate relationship with Pupil A, you were sexually motivated. ./Barton_Sarah_Web_Decision.pdf-In Mrs Barton's reponse, dated 5 June 2017, to the Notice of Proceedings dated 2 June ./Barton_Sarah_Web_Decision.pdf-2017, she admitted the facts and particulars giving rise to allegations 1 and 2. She also ./Barton_Sarah_Web_Decision.pdf-accepted that these facts amounted to both unacceptable professional conduct and ./Barton_Sarah_Web_Decision.pdf-conduct that may bring the profession into disrepute ./Barton_Sarah_Web_Decision.pdf- ./Barton_Sarah_Web_Decision.pdf-A Statement of Agreed Facts had been prepared and signed by both parties. ./Barton_Sarah_Web_Decision.pdf- ./Barton_Sarah_Web_Decision.pdf- ./Barton_Sarah_Web_Decision.pdf-C. Preliminary applications ./Barton_Sarah_Web_Decision.pdf- -- ./Barton_Sarah_Web_Decision.pdf-We have carefully considered the case before us and have reached a decision. ./Barton_Sarah_Web_Decision.pdf- ./Barton_Sarah_Web_Decision.pdf-We confirm that we have read all the documents provided in the bundle in advance of the ./Barton_Sarah_Web_Decision.pdf-hearing. ./Barton_Sarah_Web_Decision.pdf- ./Barton_Sarah_Web_Decision.pdf-Mrs Barton had been employed at the School from September 2007 to July 2016 as a ./Barton_Sarah_Web_Decision.pdf-drama teacher. When she left the School's employment having resigned from her post, ./Barton_Sarah_Web_Decision.pdf-she held of the position of head of department for drama and dance. ./Barton_Sarah_Web_Decision.pdf- ./Barton_Sarah_Web_Decision.pdf-During the academic year 2015/2016, Mrs Barton taught Pupil A and, at some point, a ./Barton_Sarah_Web_Decision.pdf:friendship developed between the two of them that culminated in a sexual relationship. ./Barton_Sarah_Web_Decision.pdf- ./Barton_Sarah_Web_Decision.pdf-We have also considered it necessary to anonymise the two witnesses whose witness ./Barton_Sarah_Web_Decision.pdf-statements appear at pages of 22 to 35 of the bundle. We determined that not to do so ./Barton_Sarah_Web_Decision.pdf-would inevitably lead to Pupil A possibly being identified and it was therefore in the ./Barton_Sarah_Web_Decision.pdf-interests of justice to do so. ./Barton_Sarah_Web_Decision.pdf- ./Barton_Sarah_Web_Decision.pdf-Findings of fact ./Barton_Sarah_Web_Decision.pdf-Our findings of fact are as follows: ./Barton_Sarah_Web_Decision.pdf- ./Barton_Sarah_Web_Decision.pdf-We must decide whether the facts of the case have been proved on the balance of -- ./Barton_Sarah_Web_Decision.pdf- c. Took Pupil A in your car; ./Barton_Sarah_Web_Decision.pdf- ./Barton_Sarah_Web_Decision.pdf-This allegation is admitted by you in your witness statement of 16 May 2017 and is also ./Barton_Sarah_Web_Decision.pdf-agreed within the Statement of Agreed Facts to the extent that you had Pupil A's parents' ./Barton_Sarah_Web_Decision.pdf-permission to drive Pupil A. ./Barton_Sarah_Web_Decision.pdf- ./Barton_Sarah_Web_Decision.pdf-We have considered the evidence of Witness 2 who states that you would often "meet ./Barton_Sarah_Web_Decision.pdf-Pupil A from her workplace and take her home". On balance, we determined that this was ./Barton_Sarah_Web_Decision.pdf-a reference to you picking Pupil A up from work in your car. ./Barton_Sarah_Web_Decision.pdf- ./Barton_Sarah_Web_Decision.pdf:Witness 1 states that you told her you had sex in your car with Pupil A (paragraph 15) ./Barton_Sarah_Web_Decision.pdf-and it is a natural inference that this happened after you had picked up Pupil A in your ./Barton_Sarah_Web_Decision.pdf-car. ./Barton_Sarah_Web_Decision.pdf- ./Barton_Sarah_Web_Decision.pdf-We acknowledge that Pupil A's parents gave their permission for their daughter to be in ./Barton_Sarah_Web_Decision.pdf-your car. However, this permission must clearly only have been given on the basis that ./Barton_Sarah_Web_Decision.pdf-there was a legitimate teacher/pupil relationship between you and their daughter. ./Barton_Sarah_Web_Decision.pdf- ./Barton_Sarah_Web_Decision.pdf-On balance, we find this allegation proved. ./Barton_Sarah_Web_Decision.pdf- ./Barton_Sarah_Web_Decision.pdf- d. Kissed Pupil A; -- ./Barton_Sarah_Web_Decision.pdf- ./Barton_Sarah_Web_Decision.pdf-This allegation is admitted in your statement of 16 May 2017 and included in the ./Barton_Sarah_Web_Decision.pdf-Statement of Agreed Facts. ./Barton_Sarah_Web_Decision.pdf- ./Barton_Sarah_Web_Decision.pdf-We have noted the corroborative evidence from Witness 1 and Witness 2 that hotel stays ./Barton_Sarah_Web_Decision.pdf-took place on at least two occasions. ./Barton_Sarah_Web_Decision.pdf- ./Barton_Sarah_Web_Decision.pdf-Such an action is clearly inappropriate for a teacher and a student and we find this ./Barton_Sarah_Web_Decision.pdf-allegation proved. ./Barton_Sarah_Web_Decision.pdf- ./Barton_Sarah_Web_Decision.pdf: h. Had sexual intercourse with Pupil A; ./Barton_Sarah_Web_Decision.pdf- ./Barton_Sarah_Web_Decision.pdf-This allegation is admitted in your statement of 16 May 2017 and included in the ./Barton_Sarah_Web_Decision.pdf-Statement of Agreed Facts. ./Barton_Sarah_Web_Decision.pdf- ./Barton_Sarah_Web_Decision.pdf-We have also considered the evidence of Witness 1 and Witness 2 who both confirm you ./Barton_Sarah_Web_Decision.pdf:told them that you were in a sexual relationship with Pupil A. Witness 1 states that you ./Barton_Sarah_Web_Decision.pdf:had told her that you had had sex with Pupil A in your car and in fields in [the locality]. ./Barton_Sarah_Web_Decision.pdf- ./Barton_Sarah_Web_Decision.pdf:It is clear that a sexual relationship existed between you and Pupil A. We find this ./Barton_Sarah_Web_Decision.pdf-allegation proved. ./Barton_Sarah_Web_Decision.pdf- ./Barton_Sarah_Web_Decision.pdf- i. Attended Pupil A’s parents’ house; ./Barton_Sarah_Web_Decision.pdf- ./Barton_Sarah_Web_Decision.pdf-This allegation is admitted in your statement of 16 May 2017 and confirmed within the ./Barton_Sarah_Web_Decision.pdf-Statement of Agreed Facts. ./Barton_Sarah_Web_Decision.pdf- ./Barton_Sarah_Web_Decision.pdf-We have also considered Witness 1's evidence that you would attend Pupil A's home for ./Barton_Sarah_Web_Decision.pdf-dinner. Whilst we accept that there may possibly be occasions when such visits by a ./Barton_Sarah_Web_Decision.pdf-teacher could be appropriate, this was clearly not the case given your ongoing relationship -- ./Barton_Sarah_Web_Decision.pdf-Again, whilst we accept there could be an occasion when attending a pupil's birthday ./Barton_Sarah_Web_Decision.pdf-party maybe acceptable, in light of your ongoing relationship with Pupil A, we find this ./Barton_Sarah_Web_Decision.pdf-allegation proved. ./Barton_Sarah_Web_Decision.pdf- ./Barton_Sarah_Web_Decision.pdf-Because of all the reasons given, it is clear to us that you consistently and persistently ./Barton_Sarah_Web_Decision.pdf-failed to maintain appropriate boundaries and abused your position of trust not only with ./Barton_Sarah_Web_Decision.pdf-Pupil A but also, on occasion, with Pupil A's parents and we find the entirety of allegation ./Barton_Sarah_Web_Decision.pdf-1 proved. ./Barton_Sarah_Web_Decision.pdf- ./Barton_Sarah_Web_Decision.pdf-2. In failing to maintain boundaries and abusing your position of trust, by having an ./Barton_Sarah_Web_Decision.pdf:inappropriate relationship with Pupil A, you were sexually motivated. ./Barton_Sarah_Web_Decision.pdf- ./Barton_Sarah_Web_Decision.pdf-This allegation is admitted in your statement of 16 May 2017 and confirmed in the ./Barton_Sarah_Web_Decision.pdf-Statement of Agreed Facts. ./Barton_Sarah_Web_Decision.pdf- ./Barton_Sarah_Web_Decision.pdf-It is self-evident that any relationship between a teacher and a pupil leading to and / or ./Barton_Sarah_Web_Decision.pdf:involving any sexual activity must be sexually motivated. We therefore find this allegation ./Barton_Sarah_Web_Decision.pdf-proved. ./Barton_Sarah_Web_Decision.pdf- ./Barton_Sarah_Web_Decision.pdf-Findings as to unacceptable professional conduct and/or conduct that ./Barton_Sarah_Web_Decision.pdf-may bring the profession into disrepute ./Barton_Sarah_Web_Decision.pdf-Having found all of the allegations to have been proven, we have gone on to consider ./Barton_Sarah_Web_Decision.pdf-whether the facts of those proven allegations amount to unacceptable professional ./Barton_Sarah_Web_Decision.pdf-conduct and/or conduct that may bring the profession into disrepute. ./Barton_Sarah_Web_Decision.pdf- ./Barton_Sarah_Web_Decision.pdf-In doing so, the panel has had regard to the document Teacher misconduct: The ./Barton_Sarah_Web_Decision.pdf-prohibition of teachers, which we refer to as “the Advice”. -- ./Barton_Sarah_Web_Decision.pdf-Advice and having done so has found a number of them to be relevant in this case, ./Barton_Sarah_Web_Decision.pdf-namely: ./Barton_Sarah_Web_Decision.pdf- ./Barton_Sarah_Web_Decision.pdf-  the protection of pupils; ./Barton_Sarah_Web_Decision.pdf- ./Barton_Sarah_Web_Decision.pdf-  the maintenance of public confidence in the profession; and ./Barton_Sarah_Web_Decision.pdf- ./Barton_Sarah_Web_Decision.pdf-  declaring and upholding proper standards of conduct. ./Barton_Sarah_Web_Decision.pdf- ./Barton_Sarah_Web_Decision.pdf-In light of the panel’s findings against Mrs Barton, which involved an inappropriate ./Barton_Sarah_Web_Decision.pdf:relationship with a pupil that developed over a number of months into that of a sexual ./Barton_Sarah_Web_Decision.pdf-relationship, there is a strong public interest consideration in respect of the protection of ./Barton_Sarah_Web_Decision.pdf-pupils given the seriousness of the conduct. ./Barton_Sarah_Web_Decision.pdf- ./Barton_Sarah_Web_Decision.pdf- ./Barton_Sarah_Web_Decision.pdf- 11 ./Barton_Sarah_Web_Decision.pdf- -- ./Barton_Sarah_Web_Decision.pdf-considerations both in favour of and against prohibition as well as the interests of Mrs ./Barton_Sarah_Web_Decision.pdf-Barton. The panel took further account of the Advice, which suggests that a prohibition ./Barton_Sarah_Web_Decision.pdf-order may be appropriate if certain behaviours of a teacher have been proven. In the list ./Barton_Sarah_Web_Decision.pdf-of such behaviours, those that are relevant in this case are: ./Barton_Sarah_Web_Decision.pdf- ./Barton_Sarah_Web_Decision.pdf-  serious departure from the personal and professional conduct elements of the ./Barton_Sarah_Web_Decision.pdf- Teachers’ Standards; ./Barton_Sarah_Web_Decision.pdf-  misconduct seriously affecting the education and/or well-being of pupils, and ./Barton_Sarah_Web_Decision.pdf- particularly where there is a continuing risk; ./Barton_Sarah_Web_Decision.pdf-  abuse of position or trust (particularly involving vulnerable pupils); ./Barton_Sarah_Web_Decision.pdf:  sexual misconduct involving actions that were sexual in nature ./Barton_Sarah_Web_Decision.pdf-Even though there were behaviours that would point to a prohibition order being ./Barton_Sarah_Web_Decision.pdf-appropriate, the panel went on to consider whether or not there were sufficient mitigating ./Barton_Sarah_Web_Decision.pdf-factors to militate against a prohibition order being an appropriate and proportionate ./Barton_Sarah_Web_Decision.pdf-measure to impose, particularly taking into account the nature and severity of the ./Barton_Sarah_Web_Decision.pdf-behaviour in this case. ./Barton_Sarah_Web_Decision.pdf- ./Barton_Sarah_Web_Decision.pdf-The panel heard evidence regarding mitigation and character in private. ./Barton_Sarah_Web_Decision.pdf- ./Barton_Sarah_Web_Decision.pdf-The panel heard in oral evidence strong positive character reviews of Mrs Barton from ./Barton_Sarah_Web_Decision.pdf-one of her teaching colleagues, Witness A, and also from a close friend of hers, Witness -- ./Barton_Sarah_Web_Decision.pdf-Whilst Mrs Barton's personal circumstances were not unique, there is no doubt that they ./Barton_Sarah_Web_Decision.pdf-were unsual and extreme and in the view of the panel could have impacted on her ./Barton_Sarah_Web_Decision.pdf-judgement prior to and during the relationship with Pupil A. ./Barton_Sarah_Web_Decision.pdf- ./Barton_Sarah_Web_Decision.pdf-[redacted]. ./Barton_Sarah_Web_Decision.pdf- ./Barton_Sarah_Web_Decision.pdf-Whilst there was no evidence that Mrs Barton’s actions began in any deliberate manner, ./Barton_Sarah_Web_Decision.pdf-in light of the length of time that the relationship developed and the emotional benefit ./Barton_Sarah_Web_Decision.pdf-gained by Mrs Barton, the panel had to conclude there was planning by her to some ./Barton_Sarah_Web_Decision.pdf-degree. Mrs Barton was the teacher and [redacted].there were numerous opportunities ./Barton_Sarah_Web_Decision.pdf:for the relationship to be terminated by her. This was a sexually motivated relationship ./Barton_Sarah_Web_Decision.pdf-that continued despite warnings from her colleagues. It was not a one-off spontaneous ./Barton_Sarah_Web_Decision.pdf-event. ./Barton_Sarah_Web_Decision.pdf- ./Barton_Sarah_Web_Decision.pdf- ./Barton_Sarah_Web_Decision.pdf- ./Barton_Sarah_Web_Decision.pdf- ./Barton_Sarah_Web_Decision.pdf- 13 ./Barton_Sarah_Web_Decision.pdf- -- ./Barton_Sarah_Web_Decision.pdf-Mrs Barton was an experienced teacher who did have a previously good history. The ./Barton_Sarah_Web_Decision.pdf-panel accepts that the behaviour was out of character for her and arose, in part, from the ./Barton_Sarah_Web_Decision.pdf-extreme personal circumstances that she found herself in. ./Barton_Sarah_Web_Decision.pdf- ./Barton_Sarah_Web_Decision.pdf-The panel considered that Mrs Barton showed genuine remorse for her conduct and ./Barton_Sarah_Web_Decision.pdf-thought her insight into these matters was developing. [redacted]. ./Barton_Sarah_Web_Decision.pdf- ./Barton_Sarah_Web_Decision.pdf-[redacted]. ./Barton_Sarah_Web_Decision.pdf- ./Barton_Sarah_Web_Decision.pdf-The panel has decided that the public interest considerations outweigh the interests of ./Barton_Sarah_Web_Decision.pdf:Mrs Barton. The fact the relationship has been accepted to be sexually motivated and ./Barton_Sarah_Web_Decision.pdf:indeed did culminate in sex was a significant factor in forming that opinion. There is ./Barton_Sarah_Web_Decision.pdf-unquestionably a strong public interest in Mrs Barton being allowed to teach but in light of ./Barton_Sarah_Web_Decision.pdf-the serious nature of the proven allegations, that public interest is outweighed by the ./Barton_Sarah_Web_Decision.pdf-other public interest considerations and therefore the publication of a decision on ./Barton_Sarah_Web_Decision.pdf-unacceptable conduct in these circumstances would be insufficient to meet the public ./Barton_Sarah_Web_Decision.pdf-interest considerations. ./Barton_Sarah_Web_Decision.pdf- ./Barton_Sarah_Web_Decision.pdf-Accordingly, the panel makes a recommendation to the Secretary of State that a ./Barton_Sarah_Web_Decision.pdf-prohibition order should be imposed with immediate effect. ./Barton_Sarah_Web_Decision.pdf- ./Barton_Sarah_Web_Decision.pdf-The panel went on to consider whether or not it would be appropriate for them to decide -- ./Barton_Sarah_Web_Decision.pdf- o treating pupils with dignity, building relationships rooted in mutual respect, and ./Barton_Sarah_Web_Decision.pdf- at all times observing proper boundaries appropriate to a teacher’s ./Barton_Sarah_Web_Decision.pdf- professional position; ./Barton_Sarah_Web_Decision.pdf- o having regard for the need to safeguard pupils’ well-being, in accordance with ./Barton_Sarah_Web_Decision.pdf- statutory provisions; ./Barton_Sarah_Web_Decision.pdf-  Teachers must have proper and professional regard for the ethos, policies and ./Barton_Sarah_Web_Decision.pdf- practices of the School in which they teach, and maintain high standards in their ./Barton_Sarah_Web_Decision.pdf- own attendance and punctuality. ./Barton_Sarah_Web_Decision.pdf-  Teachers must have an understanding of, and always act within, the statutory ./Barton_Sarah_Web_Decision.pdf- frameworks which set out their professional duties and responsibilities. ./Barton_Sarah_Web_Decision.pdf:These findings of misconduct are particularly serious as they include a finding of sexual ./Barton_Sarah_Web_Decision.pdf-misconduct on the part of a teacher. ./Barton_Sarah_Web_Decision.pdf- ./Barton_Sarah_Web_Decision.pdf-I have to determine whether the imposition of a prohibition order is proportionate and in ./Barton_Sarah_Web_Decision.pdf-the public interest. In considering that for this case I have considered the overall aim of a ./Barton_Sarah_Web_Decision.pdf-prohibition order which is to protect pupils and to maintain public confidence in the ./Barton_Sarah_Web_Decision.pdf-profession. I have considered the extent to which a prohibition order in this case would ./Barton_Sarah_Web_Decision.pdf-achieve that aim taking into account the impact that it will have on the individual teacher. ./Barton_Sarah_Web_Decision.pdf-I have also asked myself whether or not a less intrusive measure, such as the published ./Barton_Sarah_Web_Decision.pdf-finding of unacceptable professional conduct and conduct that may bring the profession ./Barton_Sarah_Web_Decision.pdf-into disrepute, would itself be sufficient to achieve the overall aim. I have to consider ./Barton_Sarah_Web_Decision.pdf-whether the consequences of such a publication are themselves sufficient. I have ./Barton_Sarah_Web_Decision.pdf-considered therefore whether or not prohibiting Mrs Barton, and the impact that will have ./Barton_Sarah_Web_Decision.pdf-on her, is proportionate. ./Barton_Sarah_Web_Decision.pdf- ./Barton_Sarah_Web_Decision.pdf-In this case I have considered the extent to which a prohibition order would protect ./Barton_Sarah_Web_Decision.pdf-children. The panel has observed that Mrs Barton’s behaviour “ involved an inappropriate ./Barton_Sarah_Web_Decision.pdf:relationship with a pupil that developed over a number of months into that of a sexual ./Barton_Sarah_Web_Decision.pdf-relationship.” A prohibition order would prevent such a risk from being present going ./Barton_Sarah_Web_Decision.pdf-forward. I have also taken into account the panel’s comments on insight and remorse ./Barton_Sarah_Web_Decision.pdf-which the panel sets out as follows, “showed genuine remorse for her conduct and ./Barton_Sarah_Web_Decision.pdf-thought her insight into these matters was developing. The panel was of the view that ./Barton_Sarah_Web_Decision.pdf-Mrs Barton was taking well judged actions to address the issues in her life, including ./Barton_Sarah_Web_Decision.pdf- ./Barton_Sarah_Web_Decision.pdf- 15 ./Barton_Sarah_Web_Decision.pdf- -- ./Barton_Sarah_Web_Decision.pdf-teachers.” ./Barton_Sarah_Web_Decision.pdf- ./Barton_Sarah_Web_Decision.pdf-In my judgement the lack of complete insight means that there is some risk of the ./Barton_Sarah_Web_Decision.pdf-repetition of this behaviour and this risks future pupils’ well-being.I have therefore given ./Barton_Sarah_Web_Decision.pdf-this element considerable weight in reaching my decision. ./Barton_Sarah_Web_Decision.pdf- ./Barton_Sarah_Web_Decision.pdf-I have gone on to consider the extent to which a prohibition order would maintain public ./Barton_Sarah_Web_Decision.pdf-confidence in the profession. The panel observe that “public confidence in the ./Barton_Sarah_Web_Decision.pdf-profession could be seriously weakened if conduct such as that found against Mrs Barton ./Barton_Sarah_Web_Decision.pdf-were not treated with the utmost seriousness when regulating the conduct of the ./Barton_Sarah_Web_Decision.pdf:profession”. I am particularly mindful of the finding of sexual misconduct in this case and ./Barton_Sarah_Web_Decision.pdf-the impact that such a finding has on the reputation of the profession. ./Barton_Sarah_Web_Decision.pdf- ./Barton_Sarah_Web_Decision.pdf-I have had to consider that the public has a high expectation of professional standards of ./Barton_Sarah_Web_Decision.pdf-all teachers and that failure to impose a prohibition order might be regarded by the public ./Barton_Sarah_Web_Decision.pdf-as a failure to uphold those high standards. In weighing these considerations I have had ./Barton_Sarah_Web_Decision.pdf-to consider the matter from the point of view of an “ordinary intelligent and well-informed ./Barton_Sarah_Web_Decision.pdf-citizen.” ./Barton_Sarah_Web_Decision.pdf- ./Barton_Sarah_Web_Decision.pdf-I have considered whether the publication of a finding of unacceptable professional ./Barton_Sarah_Web_Decision.pdf-conduct, in the absence of a prohibition order, can itself be regarded by such a person as -- ./Barton_Sarah_Web_Decision.pdf-provided. It was also clear that Mrs Barton still had a significant amount to offer to both ./Barton_Sarah_Web_Decision.pdf-pupils and the profession as a whole. The panel was of the view a review period of 2 ./Barton_Sarah_Web_Decision.pdf-years would allow Mrs Barton to further develop her insight and understanding regarding ./Barton_Sarah_Web_Decision.pdf-safeguarding and professional boundaries.” ./Barton_Sarah_Web_Decision.pdf- ./Barton_Sarah_Web_Decision.pdf-I have carefully considered the guidance published by the Secretary of State which ./Barton_Sarah_Web_Decision.pdf-states, “A panel should consider recommending to the Secretary of State that a ./Barton_Sarah_Web_Decision.pdf-prohibition order is imposed with no provision for the teacher to apply for it to be set aside ./Barton_Sarah_Web_Decision.pdf-after any period of time where the case involved or permitted any of the following: ./Barton_Sarah_Web_Decision.pdf- ./Barton_Sarah_Web_Decision.pdf:Serious sexual misconduct e.g. where the act was sexually motivated and resulted in or ./Barton_Sarah_Web_Decision.pdf-had the potential to result in, harm to a person or persons, particularly where the ./Barton_Sarah_Web_Decision.pdf-individual has used their professional position to influence or exploit a person or ./Barton_Sarah_Web_Decision.pdf-persons”. ./Barton_Sarah_Web_Decision.pdf- ./Barton_Sarah_Web_Decision.pdf:I have specifically noted that the panel has not made a finding of serious sexual ./Barton_Sarah_Web_Decision.pdf-misconduct in this case, and I have therefore not considered that as a finding in this ./Barton_Sarah_Web_Decision.pdf:decision. The panel has said that the conduct was sexually motivated and indeed are ./Barton_Sarah_Web_Decision.pdf:clear from their findings that “This was a sexually motivated relationship that continued ./Barton_Sarah_Web_Decision.pdf-despite warnings from her colleagues. It was not a one-off spontaneous event.” ./Barton_Sarah_Web_Decision.pdf- ./Barton_Sarah_Web_Decision.pdf-I consider that a relationship, which the panel itself says, “involved an inappropriate ./Barton_Sarah_Web_Decision.pdf:relationship with a pupil that developed over a number of months into that of a sexual ./Barton_Sarah_Web_Decision.pdf-relationship” is nonetheless a very serious matter. ./Barton_Sarah_Web_Decision.pdf- ./Barton_Sarah_Web_Decision.pdf-The panel itself, in considering the various mitigating circumstances says, “The panel ./Barton_Sarah_Web_Decision.pdf-accepts that the behaviour was out of character for her and arose, in part, from the ./Barton_Sarah_Web_Decision.pdf-extreme personal circumstances that she found herself in.” However the panel are also ./Barton_Sarah_Web_Decision.pdf-clear that some of those circumstances [redacted]. ./Barton_Sarah_Web_Decision.pdf- ./Barton_Sarah_Web_Decision.pdf-The panel has also said that a 2 year review period would “ would allow Mrs Barton to ./Barton_Sarah_Web_Decision.pdf-further develop her insight and understanding regarding safeguarding and professional ./Barton_Sarah_Web_Decision.pdf-boundaries.” -- ./Barton_Sarah_Web_Decision.pdf-I have therefore considered whether a 2 year review period reflects the seriousness of ./Barton_Sarah_Web_Decision.pdf-the findings and is a proportionate period to achieve the aim of maintaining public ./Barton_Sarah_Web_Decision.pdf-confidence in the profession. In this case, there are two factors that in my view mean that ./Barton_Sarah_Web_Decision.pdf-a two year review period is not sufficient to achieve the aim of maintaining public ./Barton_Sarah_Web_Decision.pdf:confidence in the profession. These elements are the sexual misconduct found and the ./Barton_Sarah_Web_Decision.pdf-lack of complete insight. I am therefore substituting a longer review period of 5 years as ./Barton_Sarah_Web_Decision.pdf-the review period. I believe that this better reflects the public interest in this case and ./Barton_Sarah_Web_Decision.pdf:better reflects the concerns that the public will have about a sexual relationship between ./Barton_Sarah_Web_Decision.pdf-a teacher and a pupil, albeit where there were some mitigating circumstances. ./Barton_Sarah_Web_Decision.pdf- ./Barton_Sarah_Web_Decision.pdf-In my view a 5 year review period is proportionate and in the public interest. I am ./Barton_Sarah_Web_Decision.pdf-therefore taking the decision to impose a prohibition order with a provision for an ./Barton_Sarah_Web_Decision.pdf-application to be made to set the order aside after a minimum of 5 years. ./Barton_Sarah_Web_Decision.pdf- ./Barton_Sarah_Web_Decision.pdf-This means that Mrs Sarah Barton is prohibited from teaching indefinitely and ./Barton_Sarah_Web_Decision.pdf-cannot teach in any school, sixth form college, relevant youth accommodation or ./Barton_Sarah_Web_Decision.pdf-children’s home in England. She may apply for the prohibition order to be set aside, but ./Barton_Sarah_Web_Decision.pdf-not until 28 July 2022, 5 years from the date of this order at the earliest. This is not an ./Basey-_web_decision.pdf- iii. Said to Pupil A that he loved her or words to that effect; ./Basey-_web_decision.pdf- ./Basey-_web_decision.pdf- iv. Said to Pupil A that he wanted to marry her or words to that effect; ./Basey-_web_decision.pdf- ./Basey-_web_decision.pdf- v. Said to Pupil A that he wanted to have children with her or words to ./Basey-_web_decision.pdf- that effect; ./Basey-_web_decision.pdf- ./Basey-_web_decision.pdf- b. On or around 10 February 2016 he said to Pupil C, 'would you suck your ./Basey-_web_decision.pdf- husband's toes' or words to that effect; ./Basey-_web_decision.pdf- ./Basey-_web_decision.pdf: c. On or around 26 February 2016, when discussing homosexual ./Basey-_web_decision.pdf- relationships, he said to Pupil E, 'you like a bit of that don't you' or words to ./Basey-_web_decision.pdf- that effect; ./Basey-_web_decision.pdf- ./Basey-_web_decision.pdf- d. On or around 16 March 2016 he said to Pupil D when he had a lollipop: ./Basey-_web_decision.pdf- ./Basey-_web_decision.pdf- i. 'Just stick it in your mouth and give it a hard suck' or words to that ./Basey-_web_decision.pdf- effect; ./Basey-_web_decision.pdf- ./Basey-_web_decision.pdf- ii. 'Just suck that lolly really hard' or words to that effect; ./Basey-_web_decision.pdf- -- ./Basey-_web_decision.pdf: ii. 'Oral sex, that's just what girls do though isn't it' or words to that ./Basey-_web_decision.pdf- effect; ./Basey-_web_decision.pdf- ./Basey-_web_decision.pdf- iii. 'Masturbation should be encouraged boys and girls, girls as well, I ./Basey-_web_decision.pdf- really encourage masturbation, explore yourselves' or words to that ./Basey-_web_decision.pdf- effect; ./Basey-_web_decision.pdf- ./Basey-_web_decision.pdf- iv. 'Girls feel yourselves for vaginal mucus' or words to that effect; ./Basey-_web_decision.pdf- ./Basey-_web_decision.pdf- g. Between January and March 2016 he discussed the following in the ./Basey-_web_decision.pdf- presence of pupils during lessons: ./Basey-_web_decision.pdf- ./Basey-_web_decision.pdf- i. Sex toys; ./Basey-_web_decision.pdf- ./Basey-_web_decision.pdf- ii. Flavoured condoms; ./Basey-_web_decision.pdf- ./Basey-_web_decision.pdf: iii. Anal sex. ./Basey-_web_decision.pdf- ./Basey-_web_decision.pdf-Mr Basey admitted the facts of allegations 1.a., 1.d., 1.f..i. and 1.g..ii. The panel had ./Basey-_web_decision.pdf-regard to the Statement of Agreed and Disputed Facts included within the papers. ./Basey-_web_decision.pdf- ./Basey-_web_decision.pdf-Mr Basey also initially admitted that his conduct in relation to allegations 1.a., 1.d., 1.f..i. ./Basey-_web_decision.pdf-and 1.g..ii. was such that he was guilty of unacceptable professional conduct and ./Basey-_web_decision.pdf-conduct that may bring the profession into disrepute. However, at the outset of the ./Basey-_web_decision.pdf-hearing it was confirmed on behalf of Mr Basey that this admission was not maintained ./Basey-_web_decision.pdf-following the provision of legal advice. ./Basey-_web_decision.pdf- -- ./Basey-_web_decision.pdf:In the course of doing so he claimed that he asked the 'groom' if he was happy marrying ./Basey-_web_decision.pdf:the 'bride', said to have been Pupil A, at which point the 'groom' responded that he was ./Basey-_web_decision.pdf-not and had no desire for babies. Mr Basey stated that at this point he commented that if ./Basey-_web_decision.pdf-that were the case then he would marry Pupil A and she could have his children. In doing ./Basey-_web_decision.pdf-so he asserted that he was seeking to reassure Pupil A. ./Basey-_web_decision.pdf- ./Basey-_web_decision.pdf-He contended that these were frivolous comments, and were inappropriate coming from ./Basey-_web_decision.pdf-him; however they were to be considered in the context of the lesson and the role play ./Basey-_web_decision.pdf-exercise undertaken. ./Basey-_web_decision.pdf- ./Basey-_web_decision.pdf-In his witness statement Mr Basey stated that "I think I said, in jest, something along the ./Basey-_web_decision.pdf-lines of "Well if I were fifty years younger I would have loved to marry someone so -- ./Basey-_web_decision.pdf-This allegation was admitted by Mr Basey. ./Basey-_web_decision.pdf- ./Basey-_web_decision.pdf-Whilst the precise date is unknown, Pupil A's log records that Mr Basey said to a student ./Basey-_web_decision.pdf-"if you don't be quiet I'll sit on your face." ./Basey-_web_decision.pdf- ./Basey-_web_decision.pdf-The signed written account of Pupil I similarly records: "Mr Basey has said "If you don't ./Basey-_web_decision.pdf-be quiet I'll sit on your face" not to me but to others. He might say it to the whole class or ./Basey-_web_decision.pdf-to an individual if they find that funny." ./Basey-_web_decision.pdf- ./Basey-_web_decision.pdf-Mr Basey indicated in his oral evidence that this was a phrase he had used repeatedly in ./Basey-_web_decision.pdf:the past. However he was not aware that it had any sexual connotation. In his interview ./Basey-_web_decision.pdf-during the School's disciplinary process he had similarly stated "I've been saying that for ./Basey-_web_decision.pdf-time immemorial." ./Basey-_web_decision.pdf- ./Basey-_web_decision.pdf-Mr Basey accepted that, despite his intention being to make a humorous comment, this ./Basey-_web_decision.pdf-was an inappropriate comment to make to pupils. ./Basey-_web_decision.pdf- ./Basey-_web_decision.pdf-Accordingly, in light of the admission made and the evidence, the panel found allegation ./Basey-_web_decision.pdf-1.f..i. proven. ./Basey-_web_decision.pdf- ./Basey-_web_decision.pdf-g. Between January and March 2016 you discussed the following in the -- ./Basey-_web_decision.pdf: "Fruit flavoured condom's and kinky sex were briefly mentioned, he then went ./Basey-_web_decision.pdf- back to talk about Fruit flavoured condoms again, he asked the class what they ./Basey-_web_decision.pdf: their (sic) used for as he knew 'pointless for oral sex'. Asked the class again and ./Basey-_web_decision.pdf- said 'you lot know more than me in this department'. Individual B had walked into ./Basey-_web_decision.pdf- our lesson to look at some books, Mr Basey changed the topic but returned to it ./Basey-_web_decision.pdf- once Individual B had left." ./Basey-_web_decision.pdf- ./Basey-_web_decision.pdf-Pupil B gave a further account of this incident in her meeting with Witness A, the note of ./Basey-_web_decision.pdf-which records: ./Basey-_web_decision.pdf- ./Basey-_web_decision.pdf: "Then he moved onto flavoured condoms (fruit flavoured as for oral sex you don't ./Basey-_web_decision.pdf- need a condom so why would you need a flavoured condom? He said to the class, ./Basey-_web_decision.pdf- you probably know more than me than what they are used." (sic) ./Basey-_web_decision.pdf- ./Basey-_web_decision.pdf-Mr Basey admitted that he discussed flavoured condoms during a lesson and that it was ./Basey-_web_decision.pdf-inappropriate to do so in front of or in the vicinity of pupils. His account was that he was ./Basey-_web_decision.pdf-drawn into the discussion and that was inappropriate, but that he brought the brief ./Basey-_web_decision.pdf-discussion to a close. ./Basey-_web_decision.pdf- ./Basey-_web_decision.pdf-The panel considered that discussing this issue in the presence of pupils was certainly ./Basey-_web_decision.pdf-inappropriate. ./Basey-_web_decision.pdf- ./Basey-_web_decision.pdf-In light of the admission made and the evidence, the panel therefore found allegation ./Basey-_web_decision.pdf-1.g..ii proven.The panel has found the following particulars of the allegations against you ./Basey-_web_decision.pdf-not proven, for these reasons: ./Basey-_web_decision.pdf- ./Basey-_web_decision.pdf-You engaged in inappropriate behaviour towards one or more pupils during ./Basey-_web_decision.pdf-lessons including: ./Basey-_web_decision.pdf- ./Basey-_web_decision.pdf: c. On or around 26 February 2016, when discussing homosexual ./Basey-_web_decision.pdf- relationships, you said to Pupil E, 'you like a bit of that don't you' or ./Basey-_web_decision.pdf- words to that effect; ./Basey-_web_decision.pdf- ./Basey-_web_decision.pdf-Pupil B's log records that during the course of a lesson on 26 February 2016 Mr Basey ./Basey-_web_decision.pdf-allegedly said: ./Basey-_web_decision.pdf- ./Basey-_web_decision.pdf- "Gay young people or young people who think they may be gay shouldn't ./Basey-_web_decision.pdf: experiment with homosexual sex, it's dangerous, very dangerous and shouldn't be ./Basey-_web_decision.pdf- encouraged." ./Basey-_web_decision.pdf- ./Basey-_web_decision.pdf-It is alleged that he then stated to Pupil E words to the effect of "you like a bit of that don't ./Basey-_web_decision.pdf-you?" ./Basey-_web_decision.pdf- ./Basey-_web_decision.pdf-Pupil E did not explicitly mention this alleged incident within his written account. Whilst ./Basey-_web_decision.pdf-the account records "the reference to me was accurate but I took it as a joke" the panel ./Basey-_web_decision.pdf-could not be certain as to precisely what this was referring to. ./Basey-_web_decision.pdf- ./Basey-_web_decision.pdf- -- ./Basey-_web_decision.pdf:Mr Basey accepted that the topic of homosexuality was taught as part of the syllabus and ./Basey-_web_decision.pdf-he regarded it as a serious subject. However whilst he accepted in his oral evidence that ./Basey-_web_decision.pdf-the making of jokes had been a feature of his teaching, he denies that he made any such ./Basey-_web_decision.pdf-comment to Pupil E. ./Basey-_web_decision.pdf- ./Basey-_web_decision.pdf-In those circumstances and in the absence of hearing from Pupil B and Pupil E, the panel ./Basey-_web_decision.pdf-could not be satisfied that the National College had proved to the requisite standard that ./Basey-_web_decision.pdf-words to this effect were spoken. ./Basey-_web_decision.pdf- ./Basey-_web_decision.pdf-Accordingly, the panel did not find allegation 1.c. proven. ./Basey-_web_decision.pdf- -- ./Basey-_web_decision.pdf-The alleged incident was not referred to in any of the other written accounts provided by ./Basey-_web_decision.pdf-pupils. ./Basey-_web_decision.pdf- ./Basey-_web_decision.pdf-Mr Basey has consistently denied this allegation. ./Basey-_web_decision.pdf- ./Basey-_web_decision.pdf:Whilst he accepted that there was a discussion regarding the issue of sexual consent, he ./Basey-_web_decision.pdf-asserted in his oral evidence that he was seeking to get across that there was a risk of ./Basey-_web_decision.pdf-men getting a false impression. He repeatedly stressed a woman's right to change her ./Basey-_web_decision.pdf-mind. ./Basey-_web_decision.pdf- ./Basey-_web_decision.pdf-The note of his interview on 21 March 2016 records his response to this allegation as ./Basey-_web_decision.pdf-being: "I never said this. I did say that when men are aroused, it's hard to stop." Further, ./Basey-_web_decision.pdf-it records Mr Basey stating that "When aroused men find it hard to stop when the girl ./Basey-_web_decision.pdf-changes her mind and this when is consensual stops and it goes to rape." ./Basey-_web_decision.pdf- ./Basey-_web_decision.pdf-In his witness statement he added: -- ./Basey-_web_decision.pdf-particular words to words to that effect were said. ./Basey-_web_decision.pdf- ./Basey-_web_decision.pdf-The panel considered that this was clearly a sensitive subject matter and there was a risk ./Basey-_web_decision.pdf-of misinterpretation. It therefore placed greater weight on Mr Basey's account of this ./Basey-_web_decision.pdf-incident. ./Basey-_web_decision.pdf- ./Basey-_web_decision.pdf-The panel accordingly did not find allegation 1.e. proven. ./Basey-_web_decision.pdf- ./Basey-_web_decision.pdf- f. Between January and March 2016 you said to one or more pupils: ./Basey-_web_decision.pdf- ./Basey-_web_decision.pdf: ii. 'Oral sex, that's just what girls do though isn't it' or words to ./Basey-_web_decision.pdf- that effect; ./Basey-_web_decision.pdf- ./Basey-_web_decision.pdf-Pupil B's log records that Mr Basey allegedly made a comment in class in relation to oral ./Basey-_web_decision.pdf:sex whereby he stated "that's just what girls do though isn't it" ./Basey-_web_decision.pdf- ./Basey-_web_decision.pdf- 16 ./Basey-_web_decision.pdf- -- ./Basey-_web_decision.pdf-However this particular entry was not made contemporaneously. It was a comment ./Basey-_web_decision.pdf-allegedly made by Mr Basey prior to Pupil B starting the log. ./Basey-_web_decision.pdf- ./Basey-_web_decision.pdf-This alleged incident is not referred to in any of the accounts provided by other pupils. ./Basey-_web_decision.pdf- ./Basey-_web_decision.pdf:In his witness statement, Mr Basey accepted that oral sex was briefly mentioned in a ./Basey-_web_decision.pdf:lesson as part of a general discussion on sexually transmitted infections but he did not ./Basey-_web_decision.pdf-accept that he said "that's what girls do" or words to that effect. The allegation was ./Basey-_web_decision.pdf-accordingly denied. ./Basey-_web_decision.pdf- ./Basey-_web_decision.pdf-In the absence of any corroborating evidence and in circumstances where Pupil B's ./Basey-_web_decision.pdf-account was reflective and not contemporaneous, the panel could not be satisfied that ./Basey-_web_decision.pdf-the National College had proved to the requisite standard that these words, or words to ./Basey-_web_decision.pdf-that effect, were said by Mr Basey. ./Basey-_web_decision.pdf- ./Basey-_web_decision.pdf-The panel accordingly did not find allegation 1.f..ii. proven. ./Basey-_web_decision.pdf- -- ./Basey-_web_decision.pdf-Mr Basey accepted that the Billings method of birth control was discussed during a ./Basey-_web_decision.pdf-lesson on contraception; however he did not encourage pupils to act in the way that had ./Basey-_web_decision.pdf-been suggested. Rather, he asserted in his evidence that the discussion occurred in the ./Basey-_web_decision.pdf-context of family planning with reference to married woman and he would not have made ./Basey-_web_decision.pdf:such a suggestion to unmarried pupils. His belief was that sexual intercourse was solely ./Basey-_web_decision.pdf-for married people. ./Basey-_web_decision.pdf- ./Basey-_web_decision.pdf-The panel considered this explanation to be credible and it was probable that Mr Basey ./Basey-_web_decision.pdf-had been misinterpreted. ./Basey-_web_decision.pdf- ./Basey-_web_decision.pdf-Accordingly, the panel did not find this allegation proven. ./Basey-_web_decision.pdf- ./Basey-_web_decision.pdf- g. Between January and March 2016 you discussed the following in the ./Basey-_web_decision.pdf- presence of pupils during lessons: ./Basey-_web_decision.pdf- ./Basey-_web_decision.pdf- i. Sex toys; ./Basey-_web_decision.pdf- ./Basey-_web_decision.pdf-Pupil B's log refers to a lesson in which a survey was put onto a projector by Mr Basey ./Basey-_web_decision.pdf:which examined the topics of 'How sexually adventurous are you' and 'do you use sex ./Basey-_web_decision.pdf-toys'. ./Basey-_web_decision.pdf- ./Basey-_web_decision.pdf:In her witness statement she further stated that "a survey involving sex toys was brought ./Basey-_web_decision.pdf-up during a lesson." ./Basey-_web_decision.pdf- ./Basey-_web_decision.pdf:However, Pupil B does not explicitly state that sex toys were in fact discussed by Mr ./Basey-_web_decision.pdf-Basey and nor is that suggested by any other pupil. ./Basey-_web_decision.pdf- ./Basey-_web_decision.pdf:Mr Basey accepted that there was an incident where a reference to sex toys was ./Basey-_web_decision.pdf-inadvertently included within a lesson presentation sourced from the internet but he ./Basey-_web_decision.pdf-maintained that there was no discussion in relation to this issue. ./Basey-_web_decision.pdf- ./Basey-_web_decision.pdf-The panel considered that there was no evidence to support the suggestion that a ./Basey-_web_decision.pdf:discussion in relation to sex toys had taken place and on that basis, the panel did not find ./Basey-_web_decision.pdf-allegation 1.g..i. proven. ./Basey-_web_decision.pdf- ./Basey-_web_decision.pdf: iii. Anal sex. ./Basey-_web_decision.pdf- ./Basey-_web_decision.pdf-An entry in Pupil B's log dated 8 March 2016 records: ./Basey-_web_decision.pdf- ./Basey-_web_decision.pdf- ""Anal penetration" doesn't see point because you 'can't have children from your ./Basey-_web_decision.pdf- anus." ./Basey-_web_decision.pdf- ./Basey-_web_decision.pdf-There is further reference to "gay young people" in an entry in Pupil B's log dated 26 ./Basey-_web_decision.pdf-February 2016. ./Basey-_web_decision.pdf- ./Basey-_web_decision.pdf-Pupil G's written account also refers to an occasion where Mr Basey was talking about -- ./Basey-_web_decision.pdf:Mr Basey previously denied that anal sex had been discussed. In a letter to the National ./Basey-_web_decision.pdf:College dated 15 June 2016 he stated that "Anal sex was NEVER discussed in any of my ./Basey-_web_decision.pdf-lessons. I do not know where that originated from." ./Basey-_web_decision.pdf- ./Basey-_web_decision.pdf:Mr Basey subsequently accepted that anal sex was discussed in the course of a wider ./Basey-_web_decision.pdf:discussion on the topic of homosexuality, which was part of the syllabus. His explanation ./Basey-_web_decision.pdf:for his previous denial was that anal sex had not been discussed as a standalone topic. ./Basey-_web_decision.pdf- ./Basey-_web_decision.pdf:Whilst he now accepted that anal sex was discussed, he denied that the discussion was ./Basey-_web_decision.pdf-inappropriate. ./Basey-_web_decision.pdf- ./Basey-_web_decision.pdf-Considering the evidence as a whole, the panel was not satisfied that there was any ./Basey-_web_decision.pdf:clear evidence regarding the precise context in which anal sex may have been ./Basey-_web_decision.pdf-discussed. Accordingly, it did not consider that the National College had proved to the ./Basey-_web_decision.pdf-requisite standard that Mr Basey had behaved inappropriately. ./Basey-_web_decision.pdf- ./Basey-_web_decision.pdf-The panel therefore did not find allegation 1.g..iii. proven. ./Basey-_web_decision.pdf- ./Basey-_web_decision.pdf-Findings as to unacceptable professional conduct and/or conduct that ./Basey-_web_decision.pdf-may bring the profession into disrepute ./Basey-_web_decision.pdf-Having found a number of the allegations to have been proven, the panel went on to ./Basey-_web_decision.pdf-consider whether the facts of those proven allegations amounted to unacceptable ./Basey-_web_decision.pdf-professional conduct and/or conduct that may bring the profession into disrepute. ./Bath__Jonathan_-_Web_Decision_26.03.2015.pdf- b) telephone calls, ./Bath__Jonathan_-_Web_Decision_26.03.2015.pdf- ./Bath__Jonathan_-_Web_Decision_26.03.2015.pdf- c) e-mail, ./Bath__Jonathan_-_Web_Decision_26.03.2015.pdf- ./Bath__Jonathan_-_Web_Decision_26.03.2015.pdf- d) social media; ./Bath__Jonathan_-_Web_Decision_26.03.2015.pdf- ./Bath__Jonathan_-_Web_Decision_26.03.2015.pdf-3. His communications as set out at 2 above included message(s) of a: ./Bath__Jonathan_-_Web_Decision_26.03.2015.pdf- ./Bath__Jonathan_-_Web_Decision_26.03.2015.pdf- a) personal nature, ./Bath__Jonathan_-_Web_Decision_26.03.2015.pdf- ./Bath__Jonathan_-_Web_Decision_26.03.2015.pdf: b) sexual nature; ./Bath__Jonathan_-_Web_Decision_26.03.2015.pdf- ./Bath__Jonathan_-_Web_Decision_26.03.2015.pdf-4. On or around 21 December 2013 he purchased tickets for a social event for Pupil A; ./Bath__Jonathan_-_Web_Decision_26.03.2015.pdf- ./Bath__Jonathan_-_Web_Decision_26.03.2015.pdf-5. On one or more occasions he: ./Bath__Jonathan_-_Web_Decision_26.03.2015.pdf- ./Bath__Jonathan_-_Web_Decision_26.03.2015.pdf- a) met Pupil A socially outside school, ./Bath__Jonathan_-_Web_Decision_26.03.2015.pdf- ./Bath__Jonathan_-_Web_Decision_26.03.2015.pdf- b) arranged for Pupil A to come to his classroom when there was no legitimate ./Bath__Jonathan_-_Web_Decision_26.03.2015.pdf- reason for her to do so; ./Bath__Jonathan_-_Web_Decision_26.03.2015.pdf- ./Bath__Jonathan_-_Web_Decision_26.03.2015.pdf:6. He engaged in a sexual relationship with Pupil A; ./Bath__Jonathan_-_Web_Decision_26.03.2015.pdf- ./Bath__Jonathan_-_Web_Decision_26.03.2015.pdf-7. His conduct as set out at 1 and / or 2 and / or 3 and / or 4 and / or 5 a and / or 5 b was ./Bath__Jonathan_-_Web_Decision_26.03.2015.pdf:sexually motivated; ./Bath__Jonathan_-_Web_Decision_26.03.2015.pdf- ./Bath__Jonathan_-_Web_Decision_26.03.2015.pdf-8. He knew or ought to have known that his conduct as set out above was an abuse of ./Bath__Jonathan_-_Web_Decision_26.03.2015.pdf-his position of trust. ./Bath__Jonathan_-_Web_Decision_26.03.2015.pdf- ./Bath__Jonathan_-_Web_Decision_26.03.2015.pdf-Mr Bath admits allegations 1 to 6 and 8 in their entirety. ./Bath__Jonathan_-_Web_Decision_26.03.2015.pdf- ./Bath__Jonathan_-_Web_Decision_26.03.2015.pdf-In relation to allegation 7, Mr Bath admits that his conduct as set out in allegations 2, 3 ./Bath__Jonathan_-_Web_Decision_26.03.2015.pdf:and 5a was sexually motivated, but denies that his conduct as set out in allegations 1, 4 ./Bath__Jonathan_-_Web_Decision_26.03.2015.pdf- ./Bath__Jonathan_-_Web_Decision_26.03.2015.pdf- 4 ./Bath__Jonathan_-_Web_Decision_26.03.2015.pdf- -- ./Bath__Jonathan_-_Web_Decision_26.03.2015.pdf:or 5b was sexually motivated. During the hearing, the NCTL did not pursue those ./Bath__Jonathan_-_Web_Decision_26.03.2015.pdf-elements of allegation 7 that were denied. ./Bath__Jonathan_-_Web_Decision_26.03.2015.pdf- ./Bath__Jonathan_-_Web_Decision_26.03.2015.pdf-Mr Bath admits that the admitted facts amount to unacceptable professional conduct, but ./Bath__Jonathan_-_Web_Decision_26.03.2015.pdf-does not admit that they amount to conduct that may bring the profession into disrepute. ./Bath__Jonathan_-_Web_Decision_26.03.2015.pdf- ./Bath__Jonathan_-_Web_Decision_26.03.2015.pdf- ./Bath__Jonathan_-_Web_Decision_26.03.2015.pdf- ./Bath__Jonathan_-_Web_Decision_26.03.2015.pdf-C. Preliminary applications ./Bath__Jonathan_-_Web_Decision_26.03.2015.pdf-The panel considered an application on behalf of Mr Bath, that the name of the school ./Bath__Jonathan_-_Web_Decision_26.03.2015.pdf-not be disclosed. The panel considered that it would not be in the interests of justice for -- ./Bath__Jonathan_-_Web_Decision_26.03.2015.pdf- ./Bath__Jonathan_-_Web_Decision_26.03.2015.pdf- ./Bath__Jonathan_-_Web_Decision_26.03.2015.pdf-3. His communications as set out at 2 above included message(s) of a: ./Bath__Jonathan_-_Web_Decision_26.03.2015.pdf- ./Bath__Jonathan_-_Web_Decision_26.03.2015.pdf- a) personal nature, ./Bath__Jonathan_-_Web_Decision_26.03.2015.pdf-Mr Bath admits the facts of this allegation and the panel has had the opportunity to ./Bath__Jonathan_-_Web_Decision_26.03.2015.pdf-review some of the communications in question. On these bases the panel finds this ./Bath__Jonathan_-_Web_Decision_26.03.2015.pdf-allegation proven. ./Bath__Jonathan_-_Web_Decision_26.03.2015.pdf- ./Bath__Jonathan_-_Web_Decision_26.03.2015.pdf- ./Bath__Jonathan_-_Web_Decision_26.03.2015.pdf: b) sexual nature; ./Bath__Jonathan_-_Web_Decision_26.03.2015.pdf-Mr Bath admits the facts of this allegation and the panel has had the opportunity to ./Bath__Jonathan_-_Web_Decision_26.03.2015.pdf-review some of the communications in question. On these bases the panel finds this ./Bath__Jonathan_-_Web_Decision_26.03.2015.pdf-allegation proven. ./Bath__Jonathan_-_Web_Decision_26.03.2015.pdf- ./Bath__Jonathan_-_Web_Decision_26.03.2015.pdf- ./Bath__Jonathan_-_Web_Decision_26.03.2015.pdf-4. On or around 21 December 2013 he purchased tickets for a social ./Bath__Jonathan_-_Web_Decision_26.03.2015.pdf-event for Pupil A; ./Bath__Jonathan_-_Web_Decision_26.03.2015.pdf-Mr Bath admits the facts of this allegation and it is consistent with the rest of the evidence ./Bath__Jonathan_-_Web_Decision_26.03.2015.pdf-before the panel, including contemporaneous text messages regarding the purchase. ./Bath__Jonathan_-_Web_Decision_26.03.2015.pdf-The panel finds this allegation proven. ./Bath__Jonathan_-_Web_Decision_26.03.2015.pdf- ./Bath__Jonathan_-_Web_Decision_26.03.2015.pdf- ./Bath__Jonathan_-_Web_Decision_26.03.2015.pdf-5. On one or more occasions he: ./Bath__Jonathan_-_Web_Decision_26.03.2015.pdf- ./Bath__Jonathan_-_Web_Decision_26.03.2015.pdf- a) met Pupil A socially outside school, ./Bath__Jonathan_-_Web_Decision_26.03.2015.pdf-Mr Bath admits the facts of this allegation and it is consistent with the rest of the evidence ./Bath__Jonathan_-_Web_Decision_26.03.2015.pdf-before the panel. The panel finds this allegation proven. ./Bath__Jonathan_-_Web_Decision_26.03.2015.pdf- ./Bath__Jonathan_-_Web_Decision_26.03.2015.pdf- ./Bath__Jonathan_-_Web_Decision_26.03.2015.pdf:6. He engaged in a sexual relationship with Pupil A; ./Bath__Jonathan_-_Web_Decision_26.03.2015.pdf-Mr Bath admits the facts of this allegation and it is consistent with the rest of the evidence ./Bath__Jonathan_-_Web_Decision_26.03.2015.pdf-before the panel, including that of Pupil A. The panel finds this allegation proven. ./Bath__Jonathan_-_Web_Decision_26.03.2015.pdf- ./Bath__Jonathan_-_Web_Decision_26.03.2015.pdf- ./Bath__Jonathan_-_Web_Decision_26.03.2015.pdf- ./Bath__Jonathan_-_Web_Decision_26.03.2015.pdf- ./Bath__Jonathan_-_Web_Decision_26.03.2015.pdf- 7 ./Bath__Jonathan_-_Web_Decision_26.03.2015.pdf- -- ./Bath__Jonathan_-_Web_Decision_26.03.2015.pdf-7. His conduct as set out at 1 and / or 2 and / or 3 and / or 4 and / or 5 a ./Bath__Jonathan_-_Web_Decision_26.03.2015.pdf:and / or 5 b was sexually motivated; ./Bath__Jonathan_-_Web_Decision_26.03.2015.pdf:Mr Bath admits that his conduct as set out at 2, 3 and 5a was sexually motivated. The ./Bath__Jonathan_-_Web_Decision_26.03.2015.pdf-panel finds these elements of the allegation proven. ./Bath__Jonathan_-_Web_Decision_26.03.2015.pdf- ./Bath__Jonathan_-_Web_Decision_26.03.2015.pdf:Mr Bath denies that his conduct as set out at 1, 4 or 5b was sexually motivated and the ./Bath__Jonathan_-_Web_Decision_26.03.2015.pdf-NCTL did not pursue these elements of the allegation during the hearing. The panel ./Bath__Jonathan_-_Web_Decision_26.03.2015.pdf-finds these elements of the allegation not proven. ./Bath__Jonathan_-_Web_Decision_26.03.2015.pdf- ./Bath__Jonathan_-_Web_Decision_26.03.2015.pdf- ./Bath__Jonathan_-_Web_Decision_26.03.2015.pdf-8. He knew or ought to have known that his conduct as set out above ./Bath__Jonathan_-_Web_Decision_26.03.2015.pdf-was an abuse of his position of trust. ./Bath__Jonathan_-_Web_Decision_26.03.2015.pdf-Mr Bath admits the facts of this allegation. The panel also considers, on the basis of all of ./Bath__Jonathan_-_Web_Decision_26.03.2015.pdf-the other facts that it has found proven, that Mr Bath knew or ought to have known that ./Bath__Jonathan_-_Web_Decision_26.03.2015.pdf-his conduct was an abuse of his position of trust. The panel therefore finds this allegation ./Bath__Jonathan_-_Web_Decision_26.03.2015.pdf-proven. -- ./Bath__Jonathan_-_Web_Decision_26.03.2015.pdf-In carrying out the balancing exercise the panel has considered the public interest ./Bath__Jonathan_-_Web_Decision_26.03.2015.pdf-considerations both in favour of and against prohibition as well as the interests of Mr ./Bath__Jonathan_-_Web_Decision_26.03.2015.pdf-Bath. The panel took further account of the guidance, which suggests that a prohibition ./Bath__Jonathan_-_Web_Decision_26.03.2015.pdf-order may be appropriate if certain behaviours of a teacher have been proven. In the list ./Bath__Jonathan_-_Web_Decision_26.03.2015.pdf-of such behaviours, those that are relevant in this case are: ./Bath__Jonathan_-_Web_Decision_26.03.2015.pdf- ./Bath__Jonathan_-_Web_Decision_26.03.2015.pdf-  serious departure from the personal and professional conduct elements of the ./Bath__Jonathan_-_Web_Decision_26.03.2015.pdf- teachers’ standards; ./Bath__Jonathan_-_Web_Decision_26.03.2015.pdf-  abuse of position or trust (particularly involving vulnerable pupils) or violation of the ./Bath__Jonathan_-_Web_Decision_26.03.2015.pdf- rights of pupils; and ./Bath__Jonathan_-_Web_Decision_26.03.2015.pdf:  sexual misconduct, eg involving actions that were sexually motivated or of a ./Bath__Jonathan_-_Web_Decision_26.03.2015.pdf: sexual nature and/or that use or exploit the trust, knowledge or influence derived ./Bath__Jonathan_-_Web_Decision_26.03.2015.pdf- from the individual’s professional position. ./Bath__Jonathan_-_Web_Decision_26.03.2015.pdf-Even though there were behaviours that would point to a prohibition order being ./Bath__Jonathan_-_Web_Decision_26.03.2015.pdf-appropriate, the panel went on to consider whether or not there were sufficient mitigating ./Bath__Jonathan_-_Web_Decision_26.03.2015.pdf-factors to militate against a prohibition order being an appropriate and proportionate ./Bath__Jonathan_-_Web_Decision_26.03.2015.pdf-measure to impose, particularly taking into account the nature and severity of the ./Bath__Jonathan_-_Web_Decision_26.03.2015.pdf-behaviour in this case. ./Bath__Jonathan_-_Web_Decision_26.03.2015.pdf- ./Bath__Jonathan_-_Web_Decision_26.03.2015.pdf-There was no evidence that Mr Bath’s actions were not deliberate. Nor was there any ./Bath__Jonathan_-_Web_Decision_26.03.2015.pdf-evidence to suggest that he was acting under duress. ./Bath__Jonathan_-_Web_Decision_26.03.2015.pdf- -- ./Bath__Jonathan_-_Web_Decision_26.03.2015.pdf-with immediate effect. ./Bath__Jonathan_-_Web_Decision_26.03.2015.pdf- ./Bath__Jonathan_-_Web_Decision_26.03.2015.pdf-The panel went on to consider whether or not it would be appropriate for them to ./Bath__Jonathan_-_Web_Decision_26.03.2015.pdf-recommend that a review period of the order should be considered. The panel was ./Bath__Jonathan_-_Web_Decision_26.03.2015.pdf-mindful that the guidance advises that a prohibition order applies for life, but there may ./Bath__Jonathan_-_Web_Decision_26.03.2015.pdf-be circumstances in any given case that may make it appropriate to allow a teacher to ./Bath__Jonathan_-_Web_Decision_26.03.2015.pdf-apply to have the prohibition order reviewed after a specified period of time that may not ./Bath__Jonathan_-_Web_Decision_26.03.2015.pdf-be less than two years. ./Bath__Jonathan_-_Web_Decision_26.03.2015.pdf- ./Bath__Jonathan_-_Web_Decision_26.03.2015.pdf-The guidance indicates that there are behaviours that, if proven, would militate against a ./Bath__Jonathan_-_Web_Decision_26.03.2015.pdf:review period being recommended. One of these is serious sexual misconduct. ./Bath__Jonathan_-_Web_Decision_26.03.2015.pdf- ./Bath__Jonathan_-_Web_Decision_26.03.2015.pdf:The guidance gives the following example of serious sexual misconduct – “where the act ./Bath__Jonathan_-_Web_Decision_26.03.2015.pdf:was sexually motivated and resulted in, or had the potential to result in, harm to a person ./Bath__Jonathan_-_Web_Decision_26.03.2015.pdf-or persons, particularly where the individual has used their professional position to ./Bath__Jonathan_-_Web_Decision_26.03.2015.pdf-influence or exploit a person or persons”. ./Bath__Jonathan_-_Web_Decision_26.03.2015.pdf- ./Bath__Jonathan_-_Web_Decision_26.03.2015.pdf:It is clear to the panel that Mr Bath is guilty of sexual misconduct and indeed the panel ./Bath__Jonathan_-_Web_Decision_26.03.2015.pdf:has already found that some of Mr Bath’s conduct was sexually motivated. In terms of ./Bath__Jonathan_-_Web_Decision_26.03.2015.pdf-harm, Pupil A, who is an adult (and was at the time), has given evidence that she has ./Bath__Jonathan_-_Web_Decision_26.03.2015.pdf-suffered no harm as a result of the relationship with Mr Bath, indeed she is very positive ./Bath__Jonathan_-_Web_Decision_26.03.2015.pdf-about her relationship with Mr Bath, which, at the time of the hearing, continues. ./Bath__Jonathan_-_Web_Decision_26.03.2015.pdf- ./Bath__Jonathan_-_Web_Decision_26.03.2015.pdf-The panel notes that Mr Bath was placed in a position of trust in respect of Pupil A, who ./Bath__Jonathan_-_Web_Decision_26.03.2015.pdf-was a student at the School at which Mr Bath taught. The breach of this trust has been ./Bath__Jonathan_-_Web_Decision_26.03.2015.pdf-of significant concern to the panel throughout this process. At this stage however, the ./Bath__Jonathan_-_Web_Decision_26.03.2015.pdf-panel is tasked with considering whether Mr Bath has gone further that this, to abuse his ./Bath__Jonathan_-_Web_Decision_26.03.2015.pdf-position to influence or exploit Pupil A. The panel has not been satisfied that Mr Bath has ./Bath__Jonathan_-_Web_Decision_26.03.2015.pdf-taken this further step. The panel is mindful that Pupil A was not in any of Mr Bath’s ./Bath__Jonathan_-_Web_Decision_26.03.2015.pdf-classes and there was no indication in the evidence that Mr Bath had pursued Pupil A or ./Bath__Jonathan_-_Web_Decision_26.03.2015.pdf-attempted to use his professional position to influence or exploit Pupil A. ./Bath__Jonathan_-_Web_Decision_26.03.2015.pdf- ./Bath__Jonathan_-_Web_Decision_26.03.2015.pdf-Against this background, the panel has considered where this case falls on the spectrum ./Bath__Jonathan_-_Web_Decision_26.03.2015.pdf:between sexual misconduct and serious sexual misconduct – the distinction drawn in this ./Bath__Jonathan_-_Web_Decision_26.03.2015.pdf:part of the guidance. Clearly all sexual misconduct is a serious matter, but given that ./Bath__Jonathan_-_Web_Decision_26.03.2015.pdf-Pupil A was aged 18 or over throughout the alleged events and given the evidence from ./Bath__Jonathan_-_Web_Decision_26.03.2015.pdf-Pupil A to the effect that she has suffered no harm as a result of the relationship with Mr ./Bath__Jonathan_-_Web_Decision_26.03.2015.pdf-Bath, the panel concluded that Mr Bath’s conduct did not lie at the serious end of this ./Bath__Jonathan_-_Web_Decision_26.03.2015.pdf:spectrum between sexual misconduct and serious sexual misconduct. The panel ./Bath__Jonathan_-_Web_Decision_26.03.2015.pdf:therefore concluded that Mr Bath has not been engaged in serious sexual misconduct. ./Bath__Jonathan_-_Web_Decision_26.03.2015.pdf- ./Bath__Jonathan_-_Web_Decision_26.03.2015.pdf- 12 ./Bath__Jonathan_-_Web_Decision_26.03.2015.pdf- ./Bauer_SoS_decision_-_FINAL.pdf-Allegations ./Bauer_SoS_decision_-_FINAL.pdf-It was alleged that Ms Bauer was guilty of unacceptable professional conduct and/or ./Bauer_SoS_decision_-_FINAL.pdf-conduct that may bring the profession into disrepute in that, whilst employed as a teacher: ./Bauer_SoS_decision_-_FINAL.pdf- ./Bauer_SoS_decision_-_FINAL.pdf- 1. She failed to maintain appropriate professional boundaries with a student, ./Bauer_SoS_decision_-_FINAL.pdf- evidenced by suggesting they arrange face-to-face meetings, making ./Bauer_SoS_decision_-_FINAL.pdf- inappropriate advances, and communicating with the student outside of school ./Bauer_SoS_decision_-_FINAL.pdf- without good reason on matters that did not relate to the school curriculum; ./Bauer_SoS_decision_-_FINAL.pdf- ./Bauer_SoS_decision_-_FINAL.pdf- 2. She abused her position of trust by encouraging the student in activity which was ./Bauer_SoS_decision_-_FINAL.pdf: viewed to be sexual in nature. ./Bauer_SoS_decision_-_FINAL.pdf- ./Bauer_SoS_decision_-_FINAL.pdf: 3. Her conduct at paragraph 1 was sexually motivated. ./Bauer_SoS_decision_-_FINAL.pdf- ./Bauer_SoS_decision_-_FINAL.pdf- ./Bauer_SoS_decision_-_FINAL.pdf-Admissions ./Bauer_SoS_decision_-_FINAL.pdf-Ms Bauer admitted the facts relating to allegations 1 and 2, ./Bauer_SoS_decision_-_FINAL.pdf- ./Bauer_SoS_decision_-_FINAL.pdf- ./Bauer_SoS_decision_-_FINAL.pdf- 3 ./Bauer_SoS_decision_-_FINAL.pdf- -- ./Bauer_SoS_decision_-_FINAL.pdf-witnesses, other than Ms Bauer, were called to give oral evidence at the hearing which the ./Bauer_SoS_decision_-_FINAL.pdf-Panel directed was held in private. ./Bauer_SoS_decision_-_FINAL.pdf- ./Bauer_SoS_decision_-_FINAL.pdf-Findings of the Panel ./Bauer_SoS_decision_-_FINAL.pdf- ./Bauer_SoS_decision_-_FINAL.pdf-After considering all the evidence before it, the Panel found that all allegations were proven. ./Bauer_SoS_decision_-_FINAL.pdf-The Panel then went on to make findings that Ms Bauer was guilty of unacceptable ./Bauer_SoS_decision_-_FINAL.pdf-professional conduct and conduct that may bring the profession into disrepute, namely that ./Bauer_SoS_decision_-_FINAL.pdf-Ms Bauer failed to maintain appropriate professional boundaries with a pupil at a secondary ./Bauer_SoS_decision_-_FINAL.pdf-school and abused her position of trust, which included engaging in inappropriate ./Bauer_SoS_decision_-_FINAL.pdf:communications with the pupil which the Panel concluded was sexually motivated. ./Bauer_SoS_decision_-_FINAL.pdf- ./Bauer_SoS_decision_-_FINAL.pdf-The Panel was of the view that prohibition was both proportionate and appropriate. The ./Bauer_SoS_decision_-_FINAL.pdf-Panel decided that the public interest considerations outweighed the interests of Ms Bauer. ./Bauer_SoS_decision_-_FINAL.pdf:The fact that Ms Bauer’s actions were sexually motivated was a significant factor in forming ./Bauer_SoS_decision_-_FINAL.pdf-that opinion. Accordingly, the panel made a recommendation to the Secretary of State that ./Bauer_SoS_decision_-_FINAL.pdf-a prohibition order should be imposed with immediate effect. The Panel further ./Bauer_SoS_decision_-_FINAL.pdf-recommended that Ms Bauer should be able to apply for a review of the prohibition order ./Bauer_SoS_decision_-_FINAL.pdf-after a period of 5 years. ./Bauer_SoS_decision_-_FINAL.pdf- ./Bauer_SoS_decision_-_FINAL.pdf- ./Bauer_SoS_decision_-_FINAL.pdf-Decision and reasons on behalf of the Secretary of State ./Bauer_SoS_decision_-_FINAL.pdf-The decision maker, on behalf of the Secretary of State considered the Panel’s ./Bauer_SoS_decision_-_FINAL.pdf-recommendation and concluded that a prohibition order is proportionate and in the public ./Bauer_SoS_decision_-_FINAL.pdf-interest. ./Beesley_Andrew_SoS_Decision_Redacted_web_version.pdf-Allegations ./Beesley_Andrew_SoS_Decision_Redacted_web_version.pdf-The panel considered the allegations set out in the notice of meeting dated 1 November ./Beesley_Andrew_SoS_Decision_Redacted_web_version.pdf-2022. ./Beesley_Andrew_SoS_Decision_Redacted_web_version.pdf- ./Beesley_Andrew_SoS_Decision_Redacted_web_version.pdf-It was alleged that Mr Beesley was guilty of having been convicted of a relevant offence, ./Beesley_Andrew_SoS_Decision_Redacted_web_version.pdf-in that: ./Beesley_Andrew_SoS_Decision_Redacted_web_version.pdf- ./Beesley_Andrew_SoS_Decision_Redacted_web_version.pdf:1. On 17 July 2019, he was convicted of three counts of sexual assault on a girl ./Beesley_Andrew_SoS_Decision_Redacted_web_version.pdf- 13/14/15 woman 16 or over – no penetration, contrary to section 3 of the Sexual ./Beesley_Andrew_SoS_Decision_Redacted_web_version.pdf- Offences Act 2003. ./Beesley_Andrew_SoS_Decision_Redacted_web_version.pdf- ./Beesley_Andrew_SoS_Decision_Redacted_web_version.pdf-Mr Beesley admitted the facts of allegation 1, and that his behaviour amounted to a ./Beesley_Andrew_SoS_Decision_Redacted_web_version.pdf-conviction of a relevant offence, as set out in the statement of agreed facts signed by Mr ./Beesley_Andrew_SoS_Decision_Redacted_web_version.pdf-Beesley on 8 February 2022. ./Beesley_Andrew_SoS_Decision_Redacted_web_version.pdf- ./Beesley_Andrew_SoS_Decision_Redacted_web_version.pdf- ./Beesley_Andrew_SoS_Decision_Redacted_web_version.pdf-Preliminary applications ./Beesley_Andrew_SoS_Decision_Redacted_web_version.pdf-There were no preliminary applications. -- ./Beesley_Andrew_SoS_Decision_Redacted_web_version.pdf- ./Beesley_Andrew_SoS_Decision_Redacted_web_version.pdf-In advance of the meeting, the TRA agreed to a request from Mr Beesley for the ./Beesley_Andrew_SoS_Decision_Redacted_web_version.pdf-allegations to be considered without a hearing. The panel had the ability to direct that the ./Beesley_Andrew_SoS_Decision_Redacted_web_version.pdf-case be considered at a hearing if required in the interests of justice or in the public ./Beesley_Andrew_SoS_Decision_Redacted_web_version.pdf-interest. The panel did not determine that such a direction was necessary or appropriate ./Beesley_Andrew_SoS_Decision_Redacted_web_version.pdf-in this case. ./Beesley_Andrew_SoS_Decision_Redacted_web_version.pdf- ./Beesley_Andrew_SoS_Decision_Redacted_web_version.pdf-Mr Beesley commenced employment at Crosslee Primary School (‘the School’) as a ./Beesley_Andrew_SoS_Decision_Redacted_web_version.pdf-teacher on 1 September 2003. ./Beesley_Andrew_SoS_Decision_Redacted_web_version.pdf- ./Beesley_Andrew_SoS_Decision_Redacted_web_version.pdf:On 11 April 2018, an incident took place where Mr Beesley was accused of sexual ./Beesley_Andrew_SoS_Decision_Redacted_web_version.pdf-assault by a colleague. On 13 April 2018, Mr Beesley was arrested, cautioned and ./Beesley_Andrew_SoS_Decision_Redacted_web_version.pdf-interviewed in relation to this incident. During the police interview, Mr Beesley denied the ./Beesley_Andrew_SoS_Decision_Redacted_web_version.pdf-incident and stated that his colleague lied and had made up the allegations. ./Beesley_Andrew_SoS_Decision_Redacted_web_version.pdf- ./Beesley_Andrew_SoS_Decision_Redacted_web_version.pdf:On 17 July 2019, Mr Beesley was convicted of three counts of sexual assault on a girl ./Beesley_Andrew_SoS_Decision_Redacted_web_version.pdf-13/14/15/ woman 16 or over – no penetration, contrary to section 3 of the Sexual ./Beesley_Andrew_SoS_Decision_Redacted_web_version.pdf-Offences Act 2003 at Manchester Crown Court. ./Beesley_Andrew_SoS_Decision_Redacted_web_version.pdf- ./Beesley_Andrew_SoS_Decision_Redacted_web_version.pdf-Mr Beesley was sentenced on 2 September 2019, at Manchester Crown Court, to 12 ./Beesley_Andrew_SoS_Decision_Redacted_web_version.pdf-months imprisonment to run concurrently on each offence. Further, Mr Beesley was ./Beesley_Andrew_SoS_Decision_Redacted_web_version.pdf-made subject to an indefinite Restraining Order, a Sex Offenders Certificate for life and ./Beesley_Andrew_SoS_Decision_Redacted_web_version.pdf-ordered to pay £140 Victims Surcharge. ./Beesley_Andrew_SoS_Decision_Redacted_web_version.pdf- ./Beesley_Andrew_SoS_Decision_Redacted_web_version.pdf-Mr Beesley’s employment at the School ended on 19 December 2019. ./Beesley_Andrew_SoS_Decision_Redacted_web_version.pdf- -- ./Beesley_Andrew_SoS_Decision_Redacted_web_version.pdf: 1. On 17 July 2019, you were convicted of three counts of sexual assault on a ./Beesley_Andrew_SoS_Decision_Redacted_web_version.pdf- girl 13/14/15 woman 16 or over – no penetration, contrary to section 3 of the ./Beesley_Andrew_SoS_Decision_Redacted_web_version.pdf- Sexual Offences Act 2003. ./Beesley_Andrew_SoS_Decision_Redacted_web_version.pdf- ./Beesley_Andrew_SoS_Decision_Redacted_web_version.pdf-The panel considered the statement of agreed facts, signed by Mr Beesley on 8 February ./Beesley_Andrew_SoS_Decision_Redacted_web_version.pdf-2022. In that statement of agreed facts, Mr Beesley admitted the particulars of the ./Beesley_Andrew_SoS_Decision_Redacted_web_version.pdf-allegation. Further, it was admitted the facts of the allegation amounted to a conviction of ./Beesley_Andrew_SoS_Decision_Redacted_web_version.pdf-a relevant offence. ./Beesley_Andrew_SoS_Decision_Redacted_web_version.pdf- ./Beesley_Andrew_SoS_Decision_Redacted_web_version.pdf-The panel noted page 8 of the Teacher misconduct: The prohibition of teachers (‘the ./Beesley_Andrew_SoS_Decision_Redacted_web_version.pdf-Advice’) which states that where there has been a conviction at any time, of a criminal ./Beesley_Andrew_SoS_Decision_Redacted_web_version.pdf-offence, the panel will accept the certificate of conviction as conclusive proof of both the ./Beesley_Andrew_SoS_Decision_Redacted_web_version.pdf-conviction and the facts necessarily implied by the conviction, unless exceptional ./Beesley_Andrew_SoS_Decision_Redacted_web_version.pdf-circumstances apply. The panel did not find that any exceptional circumstances applied ./Beesley_Andrew_SoS_Decision_Redacted_web_version.pdf-in this case. ./Beesley_Andrew_SoS_Decision_Redacted_web_version.pdf- ./Beesley_Andrew_SoS_Decision_Redacted_web_version.pdf-The panel had been provided with a copy of the certificate of conviction from Manchester ./Beesley_Andrew_SoS_Decision_Redacted_web_version.pdf-Crown Court, which detailed that Mr Beesley had been convicted of three counts of ./Beesley_Andrew_SoS_Decision_Redacted_web_version.pdf:sexual assault on a girl 13/14/15/ woman 16 or over – no penetration. ./Beesley_Andrew_SoS_Decision_Redacted_web_version.pdf- ./Beesley_Andrew_SoS_Decision_Redacted_web_version.pdf-In respect of the allegation, Mr Beesley was sentenced at Manchester Crown Court on 2 ./Beesley_Andrew_SoS_Decision_Redacted_web_version.pdf-September 2019 to 12 month’s imprisonment on each offence to run concurrently. In ./Beesley_Andrew_SoS_Decision_Redacted_web_version.pdf-addition, he was made subject to a Sex Offenders Certificate for life, a Restraining Order ./Beesley_Andrew_SoS_Decision_Redacted_web_version.pdf-for an indefinite period and was required to pay a victim surcharge of £140. It was ./Beesley_Andrew_SoS_Decision_Redacted_web_version.pdf-documented that Mr Beesley may also be placed on the Barring List by the Disclosure ./Beesley_Andrew_SoS_Decision_Redacted_web_version.pdf-and Barring Service. ./Beesley_Andrew_SoS_Decision_Redacted_web_version.pdf- ./Beesley_Andrew_SoS_Decision_Redacted_web_version.pdf-On examination of the documents before the panel, the panel was satisfied that the facts ./Beesley_Andrew_SoS_Decision_Redacted_web_version.pdf-of the allegation were proven. -- ./Beesley_Andrew_SoS_Decision_Redacted_web_version.pdf-an impact on the safety or security of pupils and/or members of the public. ./Beesley_Andrew_SoS_Decision_Redacted_web_version.pdf- ./Beesley_Andrew_SoS_Decision_Redacted_web_version.pdf-The panel also took account of the way the teaching profession is viewed by others. The ./Beesley_Andrew_SoS_Decision_Redacted_web_version.pdf-panel considered that Mr Beesley’s behaviour in committing the offences could affect ./Beesley_Andrew_SoS_Decision_Redacted_web_version.pdf-public confidence in the teaching profession, given the influence that teachers may have ./Beesley_Andrew_SoS_Decision_Redacted_web_version.pdf-on pupils, parents and others in the community. ./Beesley_Andrew_SoS_Decision_Redacted_web_version.pdf- ./Beesley_Andrew_SoS_Decision_Redacted_web_version.pdf-The panel noted that Mr Beesley’s behaviour ultimately led to a sentence of ./Beesley_Andrew_SoS_Decision_Redacted_web_version.pdf-imprisonment, which was indicative of the seriousness of the offences committed. ./Beesley_Andrew_SoS_Decision_Redacted_web_version.pdf- ./Beesley_Andrew_SoS_Decision_Redacted_web_version.pdf:This was a case involving offences of sexual activity, which the Advice states is more ./Beesley_Andrew_SoS_Decision_Redacted_web_version.pdf-likely to be considered a relevant offence. ./Beesley_Andrew_SoS_Decision_Redacted_web_version.pdf- ./Beesley_Andrew_SoS_Decision_Redacted_web_version.pdf-The panel found that the seriousness of the offending behaviour that led to the conviction ./Beesley_Andrew_SoS_Decision_Redacted_web_version.pdf-was relevant to Mr Beesley’s ongoing suitability to teach. The panel considered that a ./Beesley_Andrew_SoS_Decision_Redacted_web_version.pdf-finding that the convictions, for relevant offences, was necessary to reaffirm clear ./Beesley_Andrew_SoS_Decision_Redacted_web_version.pdf-standards of conduct so as to maintain public confidence in the teaching profession. ./Beesley_Andrew_SoS_Decision_Redacted_web_version.pdf- ./Beesley_Andrew_SoS_Decision_Redacted_web_version.pdf-Accordingly, the panel was satisfied that Mr Beesley’s conviction amount to a conviction, ./Beesley_Andrew_SoS_Decision_Redacted_web_version.pdf-at any time, of a relevant offence. ./Beesley_Andrew_SoS_Decision_Redacted_web_version.pdf- -- ./Beesley_Andrew_SoS_Decision_Redacted_web_version.pdf-apportioned, although they are likely to have punitive effect. ./Beesley_Andrew_SoS_Decision_Redacted_web_version.pdf- ./Beesley_Andrew_SoS_Decision_Redacted_web_version.pdf-The panel had regard to the particular public interest considerations set out in the Advice ./Beesley_Andrew_SoS_Decision_Redacted_web_version.pdf-and, having done so, found a number of them to be relevant in this case, namely: the ./Beesley_Andrew_SoS_Decision_Redacted_web_version.pdf-safeguarding and wellbeing of pupils, teachers and the protection of other members of ./Beesley_Andrew_SoS_Decision_Redacted_web_version.pdf-the public; the maintenance of public confidence in the profession; declaring and ./Beesley_Andrew_SoS_Decision_Redacted_web_version.pdf-upholding proper standards of conduct; and that prohibition strikes the right balance ./Beesley_Andrew_SoS_Decision_Redacted_web_version.pdf-between the rights of the teacher and the public interest, if they are in conflict. ./Beesley_Andrew_SoS_Decision_Redacted_web_version.pdf- ./Beesley_Andrew_SoS_Decision_Redacted_web_version.pdf-In the light of the panel’s findings against Mr Beesley, which involved being convicted of ./Beesley_Andrew_SoS_Decision_Redacted_web_version.pdf:three counts of sexual assault on a girl 13/14/15/ woman 16 or over – no penetration, ./Beesley_Andrew_SoS_Decision_Redacted_web_version.pdf-there was a strong public interest consideration in respect of teachers, other members of ./Beesley_Andrew_SoS_Decision_Redacted_web_version.pdf-school staff, members of the public and the protection of pupils. ./Beesley_Andrew_SoS_Decision_Redacted_web_version.pdf- ./Beesley_Andrew_SoS_Decision_Redacted_web_version.pdf-Similarly, the panel considered that public confidence in the profession could be seriously ./Beesley_Andrew_SoS_Decision_Redacted_web_version.pdf-weakened if conduct such as that found against Mr Beesley were not treated with the ./Beesley_Andrew_SoS_Decision_Redacted_web_version.pdf-utmost seriousness when regulating the conduct of the profession. ./Beesley_Andrew_SoS_Decision_Redacted_web_version.pdf- ./Beesley_Andrew_SoS_Decision_Redacted_web_version.pdf-The panel decided that a strong public interest consideration in declaring proper ./Beesley_Andrew_SoS_Decision_Redacted_web_version.pdf-standards of conduct in the profession was also present as the conduct found against Mr ./Beesley_Andrew_SoS_Decision_Redacted_web_version.pdf-Beesley was outside that which could reasonably be tolerated. -- ./Beesley_Andrew_SoS_Decision_Redacted_web_version.pdf- • the commission of a serious criminal offence, including those that resulted in a ./Beesley_Andrew_SoS_Decision_Redacted_web_version.pdf- conviction or caution, paying particular attention to offences that are ‘relevant ./Beesley_Andrew_SoS_Decision_Redacted_web_version.pdf- matters’ for the purposes of The Police Act 1997 and criminal record disclosures; ./Beesley_Andrew_SoS_Decision_Redacted_web_version.pdf- ./Beesley_Andrew_SoS_Decision_Redacted_web_version.pdf- • abuse of position or trust; ./Beesley_Andrew_SoS_Decision_Redacted_web_version.pdf- ./Beesley_Andrew_SoS_Decision_Redacted_web_version.pdf: • sexual misconduct, for example, involving actions that were sexually motivated or ./Beesley_Andrew_SoS_Decision_Redacted_web_version.pdf: of a sexual nature and/or that use or exploit the trust, knowledge or influence ./Beesley_Andrew_SoS_Decision_Redacted_web_version.pdf- derived from the individual’s professional position; ./Beesley_Andrew_SoS_Decision_Redacted_web_version.pdf- ./Beesley_Andrew_SoS_Decision_Redacted_web_version.pdf- • serious bullying, or other deliberate behaviour, that undermines the profession, the ./Beesley_Andrew_SoS_Decision_Redacted_web_version.pdf- school or colleagues. ./Beesley_Andrew_SoS_Decision_Redacted_web_version.pdf- ./Beesley_Andrew_SoS_Decision_Redacted_web_version.pdf-Even though some of the behaviour found proved in this case indicated that a prohibition ./Beesley_Andrew_SoS_Decision_Redacted_web_version.pdf-order would be appropriate, the panel went on to consider the mitigating factors. ./Beesley_Andrew_SoS_Decision_Redacted_web_version.pdf-Mitigating factors may indicate that a prohibition order would not be appropriate or ./Beesley_Andrew_SoS_Decision_Redacted_web_version.pdf-proportionate. ./Beesley_Andrew_SoS_Decision_Redacted_web_version.pdf- -- ./Beesley_Andrew_SoS_Decision_Redacted_web_version.pdf-The panel was of the view that prohibition was both proportionate and appropriate. The ./Beesley_Andrew_SoS_Decision_Redacted_web_version.pdf-panel decided that the public interest considerations outweighed the interests of Mr ./Beesley_Andrew_SoS_Decision_Redacted_web_version.pdf:Beesley. The seriousness of the convictions, involving sexual assault, and the lack of ./Beesley_Andrew_SoS_Decision_Redacted_web_version.pdf-insight and remorse for his actions were significant factors in forming that opinion. ./Beesley_Andrew_SoS_Decision_Redacted_web_version.pdf-Accordingly, the panel made a recommendation to the Secretary of State that a ./Beesley_Andrew_SoS_Decision_Redacted_web_version.pdf-prohibition order should be imposed with immediate effect. ./Beesley_Andrew_SoS_Decision_Redacted_web_version.pdf- ./Beesley_Andrew_SoS_Decision_Redacted_web_version.pdf-The panel went on to consider whether or not it would be appropriate to recommend that ./Beesley_Andrew_SoS_Decision_Redacted_web_version.pdf-a review period of the order should be considered. The panel was mindful that the Advice ./Beesley_Andrew_SoS_Decision_Redacted_web_version.pdf-states that a prohibition order applies for life, but there may be circumstances, in any ./Beesley_Andrew_SoS_Decision_Redacted_web_version.pdf-given case, that may make it appropriate to allow a teacher to apply to have the ./Beesley_Andrew_SoS_Decision_Redacted_web_version.pdf-prohibition order reviewed after a specified period of time that may not be less than two ./Beesley_Andrew_SoS_Decision_Redacted_web_version.pdf-years. ./Beesley_Andrew_SoS_Decision_Redacted_web_version.pdf- ./Beesley_Andrew_SoS_Decision_Redacted_web_version.pdf-The Advice indicates that there are behaviours that, if proved, would militate against the ./Beesley_Andrew_SoS_Decision_Redacted_web_version.pdf-recommendation of a review period. The behaviour the panel found relevant to Mr ./Beesley_Andrew_SoS_Decision_Redacted_web_version.pdf:Beesley was serious sexual misconduct. ./Beesley_Andrew_SoS_Decision_Redacted_web_version.pdf- ./Beesley_Andrew_SoS_Decision_Redacted_web_version.pdf-The panel was in no doubt that Mr Beesley’s misconduct was of the most serious kind ./Beesley_Andrew_SoS_Decision_Redacted_web_version.pdf-and wholly incompatible with being a teacher. This was supported by Mr Beesley ./Beesley_Andrew_SoS_Decision_Redacted_web_version.pdf-receiving a prison sentence and being made subject to a Restraining Order for an ./Beesley_Andrew_SoS_Decision_Redacted_web_version.pdf-indefinite period and a Sex Offenders Certificate for life. ./Beesley_Andrew_SoS_Decision_Redacted_web_version.pdf- ./Beesley_Andrew_SoS_Decision_Redacted_web_version.pdf-The panel decided that the findings indicated a situation in which a review period would ./Beesley_Andrew_SoS_Decision_Redacted_web_version.pdf-not be appropriate and, as such, decided that it would be proportionate in all the ./Beesley_Andrew_SoS_Decision_Redacted_web_version.pdf-circumstances for the prohibition order to be recommended without provision for a review ./Beesley_Andrew_SoS_Decision_Redacted_web_version.pdf-period. -- ./Beesley_Andrew_SoS_Decision_Redacted_web_version.pdf- • Teachers must have proper and professional regard for the ethos, policies and ./Beesley_Andrew_SoS_Decision_Redacted_web_version.pdf- practices of the school in which they teach; ./Beesley_Andrew_SoS_Decision_Redacted_web_version.pdf- ./Beesley_Andrew_SoS_Decision_Redacted_web_version.pdf- • Teachers must have an understanding of, and always act within, the statutory ./Beesley_Andrew_SoS_Decision_Redacted_web_version.pdf- frameworks which set out their professional duties and responsibilities. ./Beesley_Andrew_SoS_Decision_Redacted_web_version.pdf- ./Beesley_Andrew_SoS_Decision_Redacted_web_version.pdf-The panel also states that it, “considered Mr Beesley’s conduct to be extremely serious ./Beesley_Andrew_SoS_Decision_Redacted_web_version.pdf-and completely incompatible with the standards and behaviour expected of any member ./Beesley_Andrew_SoS_Decision_Redacted_web_version.pdf-of the public, let alone a teacher who is placed in a position of trust.” ./Beesley_Andrew_SoS_Decision_Redacted_web_version.pdf- ./Beesley_Andrew_SoS_Decision_Redacted_web_version.pdf:The findings of misconduct are particularly serious as they include a finding of sexual ./Beesley_Andrew_SoS_Decision_Redacted_web_version.pdf-assault. ./Beesley_Andrew_SoS_Decision_Redacted_web_version.pdf- ./Beesley_Andrew_SoS_Decision_Redacted_web_version.pdf-I have to determine whether the imposition of a prohibition order is proportionate and in ./Beesley_Andrew_SoS_Decision_Redacted_web_version.pdf-the public interest. In considering that for this case, I have considered the overall aim of a ./Beesley_Andrew_SoS_Decision_Redacted_web_version.pdf-prohibition order which is to protect pupils and to maintain public confidence in the ./Beesley_Andrew_SoS_Decision_Redacted_web_version.pdf-profession. I have considered the extent to which a prohibition order in this case would ./Beesley_Andrew_SoS_Decision_Redacted_web_version.pdf-achieve that aim taking into account the impact that it will have on the individual teacher. ./Beesley_Andrew_SoS_Decision_Redacted_web_version.pdf-I have also asked myself, whether a less intrusive measure, such as the published ./Beesley_Andrew_SoS_Decision_Redacted_web_version.pdf-finding of unacceptable professional conduct and conduct that may bring the profession ./Beesley_Andrew_SoS_Decision_Redacted_web_version.pdf-into disrepute, would itself be sufficient to achieve the overall aim. I have to consider -- ./Beesley_Andrew_SoS_Decision_Redacted_web_version.pdf-I have gone on to consider the extent to which a prohibition order would maintain public ./Beesley_Andrew_SoS_Decision_Redacted_web_version.pdf-confidence in the profession. The panel observe, “The panel also took account of the way ./Beesley_Andrew_SoS_Decision_Redacted_web_version.pdf-the teaching profession is viewed by others. The panel considered that Mr Beesley’s ./Beesley_Andrew_SoS_Decision_Redacted_web_version.pdf-behaviour in committing the offences could affect public confidence in the teaching ./Beesley_Andrew_SoS_Decision_Redacted_web_version.pdf-profession, given the influence that teachers may have on pupils, parents and others in ./Beesley_Andrew_SoS_Decision_Redacted_web_version.pdf-the community. ./Beesley_Andrew_SoS_Decision_Redacted_web_version.pdf- ./Beesley_Andrew_SoS_Decision_Redacted_web_version.pdf-The panel noted that Mr Beesley’s behaviour ultimately led to a sentence of ./Beesley_Andrew_SoS_Decision_Redacted_web_version.pdf-imprisonment, which was indicative of the seriousness of the offences committed.” ./Beesley_Andrew_SoS_Decision_Redacted_web_version.pdf- ./Beesley_Andrew_SoS_Decision_Redacted_web_version.pdf:I am particularly mindful of the finding of sexual assault in this case and the impact that ./Beesley_Andrew_SoS_Decision_Redacted_web_version.pdf-such a finding has on the reputation of the profession. ./Beesley_Andrew_SoS_Decision_Redacted_web_version.pdf- ./Beesley_Andrew_SoS_Decision_Redacted_web_version.pdf-I have had to consider that the public has a high expectation of professional standards of ./Beesley_Andrew_SoS_Decision_Redacted_web_version.pdf-all teachers and that the public might regard a failure to impose a prohibition order as a ./Beesley_Andrew_SoS_Decision_Redacted_web_version.pdf-failure to uphold those high standards. In weighing these considerations, I have had to ./Beesley_Andrew_SoS_Decision_Redacted_web_version.pdf-consider the matter from the point of view of an “ordinary intelligent and well-informed ./Beesley_Andrew_SoS_Decision_Redacted_web_version.pdf-citizen.” ./Beesley_Andrew_SoS_Decision_Redacted_web_version.pdf- ./Beesley_Andrew_SoS_Decision_Redacted_web_version.pdf-I have considered whether the publication of a finding of unacceptable professional ./Beesley_Andrew_SoS_Decision_Redacted_web_version.pdf-conduct, in the absence of a prohibition order, can itself be regarded by such a person as -- ./Beesley_Andrew_SoS_Decision_Redacted_web_version.pdf-teacher at the School for 16 years, to attest to his previous history or ability as a teacher. ./Beesley_Andrew_SoS_Decision_Redacted_web_version.pdf-Nor was any evidence submitted to demonstrate that Mr Beesley had achieved ./Beesley_Andrew_SoS_Decision_Redacted_web_version.pdf-exceptionally high standards in both his personal and professional conduct or had ./Beesley_Andrew_SoS_Decision_Redacted_web_version.pdf-contributed significantly to the education sector.” ./Beesley_Andrew_SoS_Decision_Redacted_web_version.pdf- ./Beesley_Andrew_SoS_Decision_Redacted_web_version.pdf-A prohibition order would prevent Mr Beesley from teaching and would also clearly ./Beesley_Andrew_SoS_Decision_Redacted_web_version.pdf-deprive the public of his contribution to the profession for the period that it is in force. ./Beesley_Andrew_SoS_Decision_Redacted_web_version.pdf- ./Beesley_Andrew_SoS_Decision_Redacted_web_version.pdf-In this case, I have placed considerable weight on the panel’s comments, “In the light of ./Beesley_Andrew_SoS_Decision_Redacted_web_version.pdf-the panel’s findings against Mr Beesley, which involved being convicted of three counts ./Beesley_Andrew_SoS_Decision_Redacted_web_version.pdf:of sexual assault on a girl 13/14/15/ woman 16 or over – no penetration, there was a ./Beesley_Andrew_SoS_Decision_Redacted_web_version.pdf-strong public interest consideration in respect of teachers, other members of school staff, ./Beesley_Andrew_SoS_Decision_Redacted_web_version.pdf-members of the public and the protection of pupils.” ./Beesley_Andrew_SoS_Decision_Redacted_web_version.pdf- ./Beesley_Andrew_SoS_Decision_Redacted_web_version.pdf-I have given less weight in my consideration of sanction therefore, to the contribution that ./Beesley_Andrew_SoS_Decision_Redacted_web_version.pdf-Mr Beesley has made to the profession. In my view, it is necessary to impose a ./Beesley_Andrew_SoS_Decision_Redacted_web_version.pdf-prohibition order in order to maintain public confidence in the profession. A published ./Beesley_Andrew_SoS_Decision_Redacted_web_version.pdf-decision, in light of the circumstances in this case, that is not backed up by full remorse ./Beesley_Andrew_SoS_Decision_Redacted_web_version.pdf- ./Beesley_Andrew_SoS_Decision_Redacted_web_version.pdf- ./Beesley_Andrew_SoS_Decision_Redacted_web_version.pdf- 12 -- ./Beesley_Andrew_SoS_Decision_Redacted_web_version.pdf-confidence in the profession. ./Beesley_Andrew_SoS_Decision_Redacted_web_version.pdf- ./Beesley_Andrew_SoS_Decision_Redacted_web_version.pdf-For these reasons, I have concluded that a prohibition order is proportionate and in the ./Beesley_Andrew_SoS_Decision_Redacted_web_version.pdf-public interest in order to achieve the intended aims of a prohibition order. ./Beesley_Andrew_SoS_Decision_Redacted_web_version.pdf- ./Beesley_Andrew_SoS_Decision_Redacted_web_version.pdf-I have gone on to consider the matter of a review period. In this case, the panel has ./Beesley_Andrew_SoS_Decision_Redacted_web_version.pdf-recommended a that no provision should be made for a review period. ./Beesley_Andrew_SoS_Decision_Redacted_web_version.pdf- ./Beesley_Andrew_SoS_Decision_Redacted_web_version.pdf-I have considered the panel’s comments, “The Advice indicates that there are behaviours ./Beesley_Andrew_SoS_Decision_Redacted_web_version.pdf-that, if proved, would militate against the recommendation of a review period. The ./Beesley_Andrew_SoS_Decision_Redacted_web_version.pdf:behaviour the panel found relevant to Mr Beesley was serious sexual misconduct.” ./Beesley_Andrew_SoS_Decision_Redacted_web_version.pdf- ./Beesley_Andrew_SoS_Decision_Redacted_web_version.pdf-The panel was, “in no doubt that Mr Beesley’s misconduct was of the most serious kind ./Beesley_Andrew_SoS_Decision_Redacted_web_version.pdf-and wholly incompatible with being a teacher. This was supported by Mr Beesley ./Beesley_Andrew_SoS_Decision_Redacted_web_version.pdf-receiving a prison sentence and being made subject to a Restraining Order for an ./Beesley_Andrew_SoS_Decision_Redacted_web_version.pdf-indefinite period and a Sex Offenders Certificate for life.” ./Beesley_Andrew_SoS_Decision_Redacted_web_version.pdf- ./Beesley_Andrew_SoS_Decision_Redacted_web_version.pdf-The panel, “decided that the findings indicated a situation in which a review period would ./Beesley_Andrew_SoS_Decision_Redacted_web_version.pdf-not be appropriate and, as such, decided that it would be proportionate in all the ./Beesley_Andrew_SoS_Decision_Redacted_web_version.pdf-circumstances for the prohibition order to be recommended without provision for a review ./Beesley_Andrew_SoS_Decision_Redacted_web_version.pdf-period.” ./Bell__Kathryn_12997_Web_decision.pdf-The panel announced its decision and reasons as follows: ./Bell__Kathryn_12997_Web_decision.pdf- ./Bell__Kathryn_12997_Web_decision.pdf-The panel has carefully considered the case before us and has reached a decision. ./Bell__Kathryn_12997_Web_decision.pdf- ./Bell__Kathryn_12997_Web_decision.pdf-The panel confirms that it has read all the documents provided in the bundle in advance ./Bell__Kathryn_12997_Web_decision.pdf-of the hearing. ./Bell__Kathryn_12997_Web_decision.pdf- ./Bell__Kathryn_12997_Web_decision.pdf-Ms Kathryn Bell was employed as headteacher of Great Smeaton School on 1 ./Bell__Kathryn_12997_Web_decision.pdf-September 2009. The School subsequently converted into an academy in 2011. ./Bell__Kathryn_12997_Web_decision.pdf- ./Bell__Kathryn_12997_Web_decision.pdf:On 21 January 2012, Pupil A made a disclosure of being sexually abused by Adult B. A ./Bell__Kathryn_12997_Web_decision.pdf-child protection meeting of Redcar and Cleveland District Council was subsequently held ./Bell__Kathryn_12997_Web_decision.pdf-on 24 January 2012. ./Bell__Kathryn_12997_Web_decision.pdf- ./Bell__Kathryn_12997_Web_decision.pdf-On 29 March 2012, an evaluation meeting of North Yorkshire Safeguarding Children’s ./Bell__Kathryn_12997_Web_decision.pdf-Board was convened regarding safeguarding issues surrounding Ms Bell. A statement ./Bell__Kathryn_12997_Web_decision.pdf-from Ms Bell to Police followed on 19 April 2012. A follow up meeting took place on 8 ./Bell__Kathryn_12997_Web_decision.pdf-May 2012. ./Bell__Kathryn_12997_Web_decision.pdf- ./Bell__Kathryn_12997_Web_decision.pdf-In July 2013, Ms Bell was signed off work by her doctor. ./Bell__Kathryn_12997_Web_decision.pdf- ./Bickford_Smith__Simon_13228_Web_decision.pdf- c. Engaged in inappropriate communication and interaction using social ./Bickford_Smith__Simon_13228_Web_decision.pdf- media; ./Bickford_Smith__Simon_13228_Web_decision.pdf- ./Bickford_Smith__Simon_13228_Web_decision.pdf- d. Made public images of an inappropriate nature, knowing that Pupil A had ./Bickford_Smith__Simon_13228_Web_decision.pdf- access to those images; ./Bickford_Smith__Simon_13228_Web_decision.pdf- ./Bickford_Smith__Simon_13228_Web_decision.pdf- e. Met up with Pupil A outside of college on one or more occasion; ./Bickford_Smith__Simon_13228_Web_decision.pdf- ./Bickford_Smith__Simon_13228_Web_decision.pdf- f. Kissed her on one occasion or more; ./Bickford_Smith__Simon_13228_Web_decision.pdf- ./Bickford_Smith__Simon_13228_Web_decision.pdf: g. Engaged in sexual activity with her on one occasion or more. ./Bickford_Smith__Simon_13228_Web_decision.pdf- ./Bickford_Smith__Simon_13228_Web_decision.pdf: 2. In so doing one or more of 1a-g above, his conduct was sexually motivated. ./Bickford_Smith__Simon_13228_Web_decision.pdf- ./Bickford_Smith__Simon_13228_Web_decision.pdf- 3. He failed to pass on important safeguarding information to the appropriate staff ./Bickford_Smith__Simon_13228_Web_decision.pdf- regarding Pupil A. ./Bickford_Smith__Simon_13228_Web_decision.pdf- ./Bickford_Smith__Simon_13228_Web_decision.pdf-In the statement of agreed facts, Mr Bickford-Smith admits the particulars of allegation 3 ./Bickford_Smith__Simon_13228_Web_decision.pdf-and that this amounts to unacceptable professional conduct and/or conduct which may ./Bickford_Smith__Simon_13228_Web_decision.pdf-bring the profession into disrepute. However, Mr Bickford-Smith does not admit the ./Bickford_Smith__Simon_13228_Web_decision.pdf-particulars of allegations 1 and 2. As the factual particulars of the allegations as a whole ./Bickford_Smith__Simon_13228_Web_decision.pdf-have not been admitted this matter is proceeding as a disputed case. ./Bickford_Smith__Simon_13228_Web_decision.pdf- -- ./Bickford_Smith__Simon_13228_Web_decision.pdf-office at the College with the blinds drawn. ./Bickford_Smith__Simon_13228_Web_decision.pdf- ./Bickford_Smith__Simon_13228_Web_decision.pdf-Mr Bickford-Smith denied kissing Pupil A when questioned by the College in the ./Bickford_Smith__Simon_13228_Web_decision.pdf-investigation meeting on 15 January 2015. ./Bickford_Smith__Simon_13228_Web_decision.pdf- ./Bickford_Smith__Simon_13228_Web_decision.pdf-Although Pupil A was visibly distressed whilst giving oral evidence, the panel found Pupil ./Bickford_Smith__Simon_13228_Web_decision.pdf-A’s evidence to be consistent and credible. ./Bickford_Smith__Simon_13228_Web_decision.pdf- ./Bickford_Smith__Simon_13228_Web_decision.pdf-The panel found this allegation proven. ./Bickford_Smith__Simon_13228_Web_decision.pdf- ./Bickford_Smith__Simon_13228_Web_decision.pdf: g. Engaged in sexual activity with her on one occasion or more. ./Bickford_Smith__Simon_13228_Web_decision.pdf- ./Bickford_Smith__Simon_13228_Web_decision.pdf-Pupil A stated in oral evidence that Mr Bickford-Smith invited her to his flat for coffee ./Bickford_Smith__Simon_13228_Web_decision.pdf-where he lived on his own. Pupil A also stated to the panel that she and Mr Bickford- ./Bickford_Smith__Simon_13228_Web_decision.pdf:Smith kissed on this occasion and also had sexual intercourse at his flat. The panel ./Bickford_Smith__Simon_13228_Web_decision.pdf-noted from documentation, in the bundle, reflecting the safeguarding log on the College’s ./Bickford_Smith__Simon_13228_Web_decision.pdf:system, that the sexual intercourse was stated as having taken place in Mr Bickford- ./Bickford_Smith__Simon_13228_Web_decision.pdf:Smith’s car. The panel explored the discrepancy over the location of the sexual activity ./Bickford_Smith__Simon_13228_Web_decision.pdf-with both Pupil A and Witness A, who confirmed in oral evidence that it took place at Mr ./Bickford_Smith__Simon_13228_Web_decision.pdf-Bickford-Smith’s flat. ./Bickford_Smith__Simon_13228_Web_decision.pdf- ./Bickford_Smith__Simon_13228_Web_decision.pdf- ./Bickford_Smith__Simon_13228_Web_decision.pdf- 12 ./Bickford_Smith__Simon_13228_Web_decision.pdf- -- ./Bickford_Smith__Simon_13228_Web_decision.pdf-The panel noted from the record of his investigation meeting with the College that Mr ./Bickford_Smith__Simon_13228_Web_decision.pdf:Bickford-Smith denied having sexual intercourse with Pupil A. ./Bickford_Smith__Simon_13228_Web_decision.pdf- ./Bickford_Smith__Simon_13228_Web_decision.pdf-The presenting officer invited the panel to prefer the evidence of Pupil A and that, on the ./Bickford_Smith__Simon_13228_Web_decision.pdf-balance of probabilities, Pupil A’s evidence is supported by the hearsay evidence of Pupil ./Bickford_Smith__Simon_13228_Web_decision.pdf-C contained within a statement Pupil C made as part of the College’s investigation. Pupil ./Bickford_Smith__Simon_13228_Web_decision.pdf-C was Pupil A’s best friend at the time and in her oral evidence, Pupil A confirmed she ./Bickford_Smith__Simon_13228_Web_decision.pdf-confided in Pupil C from the outset. Pupil C was disapproving of the relationship between ./Bickford_Smith__Simon_13228_Web_decision.pdf-Pupil A and Mr Bickford-Smith. The panel considered that Pupil A’s account of events is ./Bickford_Smith__Simon_13228_Web_decision.pdf-corroborated by Pupil C. ./Bickford_Smith__Simon_13228_Web_decision.pdf- ./Bickford_Smith__Simon_13228_Web_decision.pdf-In addition, when questioned by the panel, Witness A confirmed that she found Pupil A to -- ./Bickford_Smith__Simon_13228_Web_decision.pdf-distress of giving oral evidence if she had made things up. The panel did prefer the ./Bickford_Smith__Simon_13228_Web_decision.pdf-evidence of Pupil A. ./Bickford_Smith__Simon_13228_Web_decision.pdf- ./Bickford_Smith__Simon_13228_Web_decision.pdf-The panel found allegation 1g proven. ./Bickford_Smith__Simon_13228_Web_decision.pdf- ./Bickford_Smith__Simon_13228_Web_decision.pdf-Having found the factual particulars of allegation 1a. to 1g. to be proven, the panel ./Bickford_Smith__Simon_13228_Web_decision.pdf-consider that each of allegations 1a. to 1g. is evidence of Mr Bickford-Smith engaging in ./Bickford_Smith__Simon_13228_Web_decision.pdf-an inappropriate relationship with Pupil A whilst she was a pupil at the College. Therefore ./Bickford_Smith__Simon_13228_Web_decision.pdf-the panel found allegation 1 proven in its entirety. ./Bickford_Smith__Simon_13228_Web_decision.pdf- ./Bickford_Smith__Simon_13228_Web_decision.pdf: 2. In so doing one or more of 1a-g above, your conduct was sexually ./Bickford_Smith__Simon_13228_Web_decision.pdf- motivated. ./Bickford_Smith__Simon_13228_Web_decision.pdf- ./Bickford_Smith__Simon_13228_Web_decision.pdf-The panel was advised by the legal advisor that the first question the panel needs to ask ./Bickford_Smith__Simon_13228_Web_decision.pdf-itself is whether reasonable persons would think the facts found proven against Mr ./Bickford_Smith__Simon_13228_Web_decision.pdf:Bickford-Smith could be sexual i.e. an objective test. If so, the panel would then need to ./Bickford_Smith__Simon_13228_Web_decision.pdf-go on to ask itself a second question: whether, in all the circumstances of the conduct in ./Bickford_Smith__Simon_13228_Web_decision.pdf:the case, Mr Bickford-Smith’s purpose towards Pupil A was sexual, i.e. the subjective ./Bickford_Smith__Simon_13228_Web_decision.pdf-test. ./Bickford_Smith__Simon_13228_Web_decision.pdf-The presenting officer submitted to the panel that the panel is entitled to find in relation to ./Bickford_Smith__Simon_13228_Web_decision.pdf:any of the particulars 1a. to 1g. evidence of sexualised conduct and sexually motivated ./Bickford_Smith__Simon_13228_Web_decision.pdf-behaviour towards Pupil A. The presenting officer submitted that if the panel find there is ./Bickford_Smith__Simon_13228_Web_decision.pdf-evidence that Mr Bickford-Smith kissed Pupil A, had placed inappropriate naked images ./Bickford_Smith__Simon_13228_Web_decision.pdf:on his Tumblr account for Pupil A to see, and/or had sexual activity with Pupil A, then it is ./Bickford_Smith__Simon_13228_Web_decision.pdf:entitled to find his behaviour to be sexually motivated. ./Bickford_Smith__Simon_13228_Web_decision.pdf-The panel considered that a reasonable person would consider that Mr Bickford-Smith’s ./Bickford_Smith__Simon_13228_Web_decision.pdf:conduct towards Pupil A was sexually motivated. Kissing Pupil A passionately when in a ./Bickford_Smith__Simon_13228_Web_decision.pdf-country park, and in his office at the College (with the blinds drawn) was evidence of this. ./Bickford_Smith__Simon_13228_Web_decision.pdf:Pupil A’s oral evidence was that sexual intercourse took place at Mr Bickford-Smith’s flat ./Bickford_Smith__Simon_13228_Web_decision.pdf- ./Bickford_Smith__Simon_13228_Web_decision.pdf- ./Bickford_Smith__Simon_13228_Web_decision.pdf- 13 ./Bickford_Smith__Simon_13228_Web_decision.pdf- -- ./Bickford_Smith__Simon_13228_Web_decision.pdf-when he invited her over for a coffee. Even though Mr Bickford-Smith denied such ./Bickford_Smith__Simon_13228_Web_decision.pdf-intercourse taking place, when questioned by the College in the investigation meeting, ./Bickford_Smith__Simon_13228_Web_decision.pdf-the panel preferred the evidence of Pupil A. The panel considered that, subjectively, the ./Bickford_Smith__Simon_13228_Web_decision.pdf:purpose of Mr Bickford-Smith’s conduct towards Pupil A was sexual. The panel therefore ./Bickford_Smith__Simon_13228_Web_decision.pdf-found both the objective and subjective test was met. ./Bickford_Smith__Simon_13228_Web_decision.pdf-This allegation is therefore found proven. ./Bickford_Smith__Simon_13228_Web_decision.pdf- 3. You failed to pass on important safeguarding information to the appropriate ./Bickford_Smith__Simon_13228_Web_decision.pdf- staff regarding Pupil A. ./Bickford_Smith__Simon_13228_Web_decision.pdf- ./Bickford_Smith__Simon_13228_Web_decision.pdf-Pupil A recalls uploading a photo of herself to her photo blog which indicated a health ./Bickford_Smith__Simon_13228_Web_decision.pdf-issue and she recalls that Mr Bickford-Smith emailed her about this as he was worried ./Bickford_Smith__Simon_13228_Web_decision.pdf-about her. ./Bickford_Smith__Simon_13228_Web_decision.pdf- ./Bickford_Smith__Simon_13228_Web_decision.pdf-The presenting officer submitted that the Statement of Agreed Facts reflects Mr Bickford- -- ./Bickford_Smith__Simon_13228_Web_decision.pdf- frameworks which set out their professional duties and responsibilities. ./Bickford_Smith__Simon_13228_Web_decision.pdf-In his conduct towards Pupil A, Mr Bickford-Smith transgressed the appropriate ./Bickford_Smith__Simon_13228_Web_decision.pdf-boundaries of a normal teacher/pupil relationship especially given Pupil A’s known ./Bickford_Smith__Simon_13228_Web_decision.pdf-vulnerability. In addition, in failing to refer Pupil A to a member of staff regarding ./Bickford_Smith__Simon_13228_Web_decision.pdf-safeguarding issues, Mr Bickford-Smith breached his greater responsibilities as a ./Bickford_Smith__Simon_13228_Web_decision.pdf-personal tutor, for which he had received additional safeguarding training. This is conduct ./Bickford_Smith__Simon_13228_Web_decision.pdf-that fell significantly short of the standards expected of the profession. ./Bickford_Smith__Simon_13228_Web_decision.pdf- ./Bickford_Smith__Simon_13228_Web_decision.pdf-The panel has also considered whether Mr Bickford-Smith’s conduct displayed ./Bickford_Smith__Simon_13228_Web_decision.pdf-behaviours associated with any of the offences listed on pages 8 and 9 of the Advice. ./Bickford_Smith__Simon_13228_Web_decision.pdf:The panel has found that the offence of sexual activity is relevant, albeit that Mr Bickford- ./Bickford_Smith__Simon_13228_Web_decision.pdf-Smith has not been convicted of any offence. The Advice indicates that where ./Bickford_Smith__Simon_13228_Web_decision.pdf-behaviours associated with such an offence exist, a panel is likely to conclude that an ./Bickford_Smith__Simon_13228_Web_decision.pdf-individual’s conduct would amount to unacceptable professional conduct. ./Bickford_Smith__Simon_13228_Web_decision.pdf- ./Bickford_Smith__Simon_13228_Web_decision.pdf-The panel notes that a number of the allegations took place outside of the education ./Bickford_Smith__Simon_13228_Web_decision.pdf-setting, for example Mr Bickford-Smith meeting up with Pupil A outside of the school ./Bickford_Smith__Simon_13228_Web_decision.pdf-environment, communicating with Pupil A via social media and not through the College’s ./Bickford_Smith__Simon_13228_Web_decision.pdf:email address and undertaking sexual activity in his car and home. This conduct affects ./Bickford_Smith__Simon_13228_Web_decision.pdf-the way Mr Bickford-Smith fulfils his teaching and personal tutor role. The panel ./Bickford_Smith__Simon_13228_Web_decision.pdf-considered that the serious breach of trust and duty of care towards a vulnerable pupil ./Bickford_Smith__Simon_13228_Web_decision.pdf-could additionally impact on other pupils and lead to them being exposed to or influenced ./Bickford_Smith__Simon_13228_Web_decision.pdf-by the behaviour in a harmful way. ./Bickford_Smith__Simon_13228_Web_decision.pdf- ./Bickford_Smith__Simon_13228_Web_decision.pdf-Accordingly, the panel is satisfied that Mr Bickford-Smith is guilty of unacceptable ./Bickford_Smith__Simon_13228_Web_decision.pdf-professional conduct. ./Bickford_Smith__Simon_13228_Web_decision.pdf- ./Bickford_Smith__Simon_13228_Web_decision.pdf-The panel has taken into account how the teaching profession is viewed by others and ./Bickford_Smith__Simon_13228_Web_decision.pdf-considered the influence that teachers may have on pupils, parents and others in the -- ./Bickford_Smith__Simon_13228_Web_decision.pdf-community. The panel has taken account of the uniquely influential role that teachers can ./Bickford_Smith__Simon_13228_Web_decision.pdf-hold in pupils’ lives and that pupils must be able to view teachers as role models in the ./Bickford_Smith__Simon_13228_Web_decision.pdf-way they behave. ./Bickford_Smith__Simon_13228_Web_decision.pdf- ./Bickford_Smith__Simon_13228_Web_decision.pdf-The findings of misconduct are serious and the conduct displayed would likely have a ./Bickford_Smith__Simon_13228_Web_decision.pdf-negative impact on Mr Bickford-Smith’s status as a teacher, potentially damaging the ./Bickford_Smith__Simon_13228_Web_decision.pdf-public perception. ./Bickford_Smith__Simon_13228_Web_decision.pdf- ./Bickford_Smith__Simon_13228_Web_decision.pdf-Sharing naked images of male or female body parts with Pupil A and/or undertaking ./Bickford_Smith__Simon_13228_Web_decision.pdf:sexual activity with Pupil A whilst she was a pupil of the College, undoubtedly brought the ./Bickford_Smith__Simon_13228_Web_decision.pdf-profession into disrepute. The panel therefore finds that Mr Bickford-Smith’s actions ./Bickford_Smith__Simon_13228_Web_decision.pdf-constitute conduct that may bring the profession into disrepute. ./Bickford_Smith__Simon_13228_Web_decision.pdf- ./Bickford_Smith__Simon_13228_Web_decision.pdf- ./Bickford_Smith__Simon_13228_Web_decision.pdf-Panel’s recommendation to the Secretary of State ./Bickford_Smith__Simon_13228_Web_decision.pdf-Given the panel’s findings in respect of unacceptable professional conduct and conduct ./Bickford_Smith__Simon_13228_Web_decision.pdf-that may bring the profession into disrepute, it is necessary for the panel to go on to ./Bickford_Smith__Simon_13228_Web_decision.pdf-consider whether it would be appropriate to recommend the imposition of a prohibition ./Bickford_Smith__Simon_13228_Web_decision.pdf-order by the Secretary of State. ./Bickford_Smith__Simon_13228_Web_decision.pdf- -- ./Bickford_Smith__Simon_13228_Web_decision.pdf-Bickford-Smith. The panel took further account of the Advice, which suggests that a ./Bickford_Smith__Simon_13228_Web_decision.pdf-prohibition order may be appropriate if certain behaviours of a teacher have been proven. ./Bickford_Smith__Simon_13228_Web_decision.pdf-In the list of such behaviours, those that are relevant in this case are: ./Bickford_Smith__Simon_13228_Web_decision.pdf- ./Bickford_Smith__Simon_13228_Web_decision.pdf-  serious departure from the personal and professional conduct elements of the ./Bickford_Smith__Simon_13228_Web_decision.pdf- Teachers’ Standards; ./Bickford_Smith__Simon_13228_Web_decision.pdf-  misconduct seriously affecting the education and/or well-being of pupils, and ./Bickford_Smith__Simon_13228_Web_decision.pdf- particularly where there is a continuing risk; ./Bickford_Smith__Simon_13228_Web_decision.pdf-  abuse of position or trust (particularly involving vulnerable pupils) or violation of the ./Bickford_Smith__Simon_13228_Web_decision.pdf- rights of pupils; ./Bickford_Smith__Simon_13228_Web_decision.pdf:  sexual misconduct, e.g. involving actions that were sexually motivated or of a ./Bickford_Smith__Simon_13228_Web_decision.pdf: sexual nature and/or that use or exploit the trust, knowledge or influence derived ./Bickford_Smith__Simon_13228_Web_decision.pdf- from the individual’s professional position; ./Bickford_Smith__Simon_13228_Web_decision.pdf-Even though there were behaviours that would point to a prohibition order being ./Bickford_Smith__Simon_13228_Web_decision.pdf-appropriate, the panel went on to consider whether or not there were sufficient mitigating ./Bickford_Smith__Simon_13228_Web_decision.pdf-factors to render a prohibition order being an inappropriate and disproportionate measure ./Bickford_Smith__Simon_13228_Web_decision.pdf-to impose, particularly taking into account the nature and severity of the behaviour in this ./Bickford_Smith__Simon_13228_Web_decision.pdf-case. ./Bickford_Smith__Simon_13228_Web_decision.pdf- ./Bickford_Smith__Simon_13228_Web_decision.pdf-The presenting officer confirmed to the panel that there are no previous disciplinary ./Bickford_Smith__Simon_13228_Web_decision.pdf-orders of the National College or other professional bodies relating to Mr Bickford-Smith. ./Bickford_Smith__Simon_13228_Web_decision.pdf-The panel has seen no evidence that indicates that Mr Bickford-Smith was previously -- ./Bickford_Smith__Simon_13228_Web_decision.pdf-group”. He understands some of the pressures on young people particularly upon ./Bickford_Smith__Simon_13228_Web_decision.pdf-transition. ./Bickford_Smith__Simon_13228_Web_decision.pdf- ./Bickford_Smith__Simon_13228_Web_decision.pdf-The panel is of the view that prohibition is both appropriate and proportionate. The panel ./Bickford_Smith__Simon_13228_Web_decision.pdf-has decided that the public interest considerations outweigh the interests of Mr Bickford- ./Bickford_Smith__Simon_13228_Web_decision.pdf:Smith. Mr Bickford-Smith’s abuse of position of trust and sexually motivated behaviour ./Bickford_Smith__Simon_13228_Web_decision.pdf-towards Pupil A, a vulnerable pupil, was a significant factor in forming that opinion. ./Bickford_Smith__Simon_13228_Web_decision.pdf-Accordingly, the panel makes a recommendation to the Secretary of State that a ./Bickford_Smith__Simon_13228_Web_decision.pdf-prohibition order should be imposed with immediate effect. ./Bickford_Smith__Simon_13228_Web_decision.pdf- ./Bickford_Smith__Simon_13228_Web_decision.pdf-The panel went on to consider whether or not it would be appropriate for them to decide ./Bickford_Smith__Simon_13228_Web_decision.pdf-to recommend that a review period of the order should be considered. The panel were ./Bickford_Smith__Simon_13228_Web_decision.pdf-mindful that the Advice states that a prohibition order applies for life, but there may be ./Bickford_Smith__Simon_13228_Web_decision.pdf-circumstances in any given case that may make it appropriate to allow a teacher to apply ./Bickford_Smith__Simon_13228_Web_decision.pdf-to have the prohibition order reviewed after a specified period of time that may not be ./Bickford_Smith__Simon_13228_Web_decision.pdf-less than 2 years. ./Bickford_Smith__Simon_13228_Web_decision.pdf- ./Bickford_Smith__Simon_13228_Web_decision.pdf-The Advice indicates that there are behaviours that, if proven, would militate against a ./Bickford_Smith__Simon_13228_Web_decision.pdf:review period being recommended. One of these behaviours includes serious sexual ./Bickford_Smith__Simon_13228_Web_decision.pdf:misconduct, e.g. where the act was sexually motivated and resulted in or had the ./Bickford_Smith__Simon_13228_Web_decision.pdf-potential to result in, harm to a person or persons, particularly where the individual has ./Bickford_Smith__Simon_13228_Web_decision.pdf-used their professional position to influence or exploit a person or persons. Pupil A was ./Bickford_Smith__Simon_13228_Web_decision.pdf-known to be vulnerable and the panel considered that Mr Bickford-Smith used his ./Bickford_Smith__Simon_13228_Web_decision.pdf-professional position as a personal tutor, to exploit Pupil A, and influenced her to engage ./Bickford_Smith__Simon_13228_Web_decision.pdf:in sexual activity. This was a serious breach of trust and all the more serious as it was ./Bickford_Smith__Simon_13228_Web_decision.pdf:clear to the panel that Mr Bickford-Smith’s sexually motivated conduct had had a ./Bickford_Smith__Simon_13228_Web_decision.pdf-profound and negative impact on Pupil A’s well-being. ./Bickford_Smith__Simon_13228_Web_decision.pdf- ./Bickford_Smith__Simon_13228_Web_decision.pdf-As there was little information within the bundle that could suggest that Mr Bickford-Smith ./Bickford_Smith__Simon_13228_Web_decision.pdf-had developed any insight into his actions, the panel considered its findings indicated a ./Bickford_Smith__Simon_13228_Web_decision.pdf-situation in which a review period would not be appropriate. As such the panel decided ./Bickford_Smith__Simon_13228_Web_decision.pdf-that it would be proportionate in all the circumstances for the prohibition order to be ./Bickford_Smith__Simon_13228_Web_decision.pdf-recommended without provision for a review period. ./Bickford_Smith__Simon_13228_Web_decision.pdf- ./Bickford_Smith__Simon_13228_Web_decision.pdf- ./Bickford_Smith__Simon_13228_Web_decision.pdf-Decision and reasons on behalf of the Secretary of State -- ./Bickford_Smith__Simon_13228_Web_decision.pdf-factors, taking into account the nature and severity of this case. I note that the panel did ./Bickford_Smith__Simon_13228_Web_decision.pdf-not consider Mr Bickford-Smith was acting under any duress, and found his actions to be ./Bickford_Smith__Simon_13228_Web_decision.pdf-deliberate. ./Bickford_Smith__Simon_13228_Web_decision.pdf- ./Bickford_Smith__Simon_13228_Web_decision.pdf-The panel has decided that the public interest considerations outweigh the interest of Mr ./Bickford_Smith__Simon_13228_Web_decision.pdf-Bickford-Smith. I agree with that view. The panel has made a recommendation that a ./Bickford_Smith__Simon_13228_Web_decision.pdf-prohibition order should be imposed with immediate effect. I agree with the panel that ./Bickford_Smith__Simon_13228_Web_decision.pdf-prohibition is both proportionate and appropriate. ./Bickford_Smith__Simon_13228_Web_decision.pdf- ./Bickford_Smith__Simon_13228_Web_decision.pdf-I now turn to the matter of a review period. I agree with the panel that this was a serious ./Bickford_Smith__Simon_13228_Web_decision.pdf:breach of trust and all the more serious as it was clear that Mr Bickford-Smith’s sexually ./Bickford_Smith__Simon_13228_Web_decision.pdf-motivated conduct had had a profound and negative effect on Pupil A’s well-being. I note ./Bickford_Smith__Simon_13228_Web_decision.pdf-that the panel found little information that Mr Bickford-Smith had developed any insight ./Bickford_Smith__Simon_13228_Web_decision.pdf- ./Bickford_Smith__Simon_13228_Web_decision.pdf- 19 ./Bickford_Smith__Simon_13228_Web_decision.pdf- ./Birch__Paul_-_10_March_2015_-7101413_-_Web_Decision.pdf- d. visually inspected his penis/genitals; ./Birch__Paul_-_10_March_2015_-7101413_-_Web_Decision.pdf- ./Birch__Paul_-_10_March_2015_-7101413_-_Web_Decision.pdf- 3. His actions set out at paragraphs 1 and/or 2 above were: ./Birch__Paul_-_10_March_2015_-7101413_-_Web_Decision.pdf- ./Birch__Paul_-_10_March_2015_-7101413_-_Web_Decision.pdf- a. unacceptable, ./Birch__Paul_-_10_March_2015_-7101413_-_Web_Decision.pdf- ./Birch__Paul_-_10_March_2015_-7101413_-_Web_Decision.pdf- b. inappropriate, ./Birch__Paul_-_10_March_2015_-7101413_-_Web_Decision.pdf- ./Birch__Paul_-_10_March_2015_-7101413_-_Web_Decision.pdf- c. a breach of your position of trust, ./Birch__Paul_-_10_March_2015_-7101413_-_Web_Decision.pdf- ./Birch__Paul_-_10_March_2015_-7101413_-_Web_Decision.pdf: d. sexually motivated. ./Birch__Paul_-_10_March_2015_-7101413_-_Web_Decision.pdf- ./Birch__Paul_-_10_March_2015_-7101413_-_Web_Decision.pdf- ./Birch__Paul_-_10_March_2015_-7101413_-_Web_Decision.pdf- ./Birch__Paul_-_10_March_2015_-7101413_-_Web_Decision.pdf- 4 ./Birch__Paul_-_10_March_2015_-7101413_-_Web_Decision.pdf- -- ./Birch__Paul_-_10_March_2015_-7101413_-_Web_Decision.pdf-The panel has now carefully considered the case before it and has reached a decision. ./Birch__Paul_-_10_March_2015_-7101413_-_Web_Decision.pdf- ./Birch__Paul_-_10_March_2015_-7101413_-_Web_Decision.pdf-The panel confirm that it has read all the documents provided in the bundle in advance of ./Birch__Paul_-_10_March_2015_-7101413_-_Web_Decision.pdf-the hearing. ./Birch__Paul_-_10_March_2015_-7101413_-_Web_Decision.pdf- ./Birch__Paul_-_10_March_2015_-7101413_-_Web_Decision.pdf-Mr Birch had been employed as a Mathematics and sport teacher at the School since ./Birch__Paul_-_10_March_2015_-7101413_-_Web_Decision.pdf-1971. He was a high level table tennis coach and was heavily involved in table tennis ./Birch__Paul_-_10_March_2015_-7101413_-_Web_Decision.pdf-leagues held at the School’s premises. Mr Birch resigned as head of Mathematics in ./Birch__Paul_-_10_March_2015_-7101413_-_Web_Decision.pdf-2010 and was re-employed as a part-time Examination Officer. Mr Birch also ./Birch__Paul_-_10_March_2015_-7101413_-_Web_Decision.pdf-subsequently became a volunteer table tennis coach. Following, a report to the police in ./Birch__Paul_-_10_March_2015_-7101413_-_Web_Decision.pdf:2013, that a pupil of the School had overheard a relative speaking about sexual abuse by ./Birch__Paul_-_10_March_2015_-7101413_-_Web_Decision.pdf-Mr Birch, Mr Birch was suspended by the School and table tennis association pending ./Birch__Paul_-_10_March_2015_-7101413_-_Web_Decision.pdf-investigation. Mr Birch resigned from his Examination Officer position in November 2013. ./Birch__Paul_-_10_March_2015_-7101413_-_Web_Decision.pdf- ./Birch__Paul_-_10_March_2015_-7101413_-_Web_Decision.pdf-Findings of Fact ./Birch__Paul_-_10_March_2015_-7101413_-_Web_Decision.pdf- ./Birch__Paul_-_10_March_2015_-7101413_-_Web_Decision.pdf-Our findings of fact are as follows: ./Birch__Paul_-_10_March_2015_-7101413_-_Web_Decision.pdf- ./Birch__Paul_-_10_March_2015_-7101413_-_Web_Decision.pdf-The panel has found the following particulars of the allegations against you proven, for ./Birch__Paul_-_10_March_2015_-7101413_-_Web_Decision.pdf-these reasons: ./Birch__Paul_-_10_March_2015_-7101413_-_Web_Decision.pdf- -- ./Birch__Paul_-_10_March_2015_-7101413_-_Web_Decision.pdf-Pupil A stated in his oral evidence and in his written statement that on a Saturday ./Birch__Paul_-_10_March_2015_-7101413_-_Web_Decision.pdf-afternoon when he was around 11/12 years old he attended a table tennis practice ./Birch__Paul_-_10_March_2015_-7101413_-_Web_Decision.pdf-session in the School gym with another 10-15 boys being coached by Mr Birch. Towards ./Birch__Paul_-_10_March_2015_-7101413_-_Web_Decision.pdf-the end of the coaching session Pupil A indicated that Mr Birch asked him to go into the ./Birch__Paul_-_10_March_2015_-7101413_-_Web_Decision.pdf-Master’s dressing room which was located down a short corridor away from the gym. ./Birch__Paul_-_10_March_2015_-7101413_-_Web_Decision.pdf-This was a master’s changing room which was separate to a changing room for the ./Birch__Paul_-_10_March_2015_-7101413_-_Web_Decision.pdf:pupils, who at that time, were all boys as it was a single sex school. Pupil A indicated ./Birch__Paul_-_10_March_2015_-7101413_-_Web_Decision.pdf-that pupils were not usually allowed to enter the Master’s dressing room. The dressing ./Birch__Paul_-_10_March_2015_-7101413_-_Web_Decision.pdf-room itself had no windows. ./Birch__Paul_-_10_March_2015_-7101413_-_Web_Decision.pdf- ./Birch__Paul_-_10_March_2015_-7101413_-_Web_Decision.pdf-Mr Birch closed the door when Pupil A entered and Mr Birch stated that he considered ./Birch__Paul_-_10_March_2015_-7101413_-_Web_Decision.pdf-that Pupil A had self-confidence issues. Pupil A confirmed he was only 11 or 12 years ./Birch__Paul_-_10_March_2015_-7101413_-_Web_Decision.pdf-old so he did exactly as he was told as the request was made by a teacher. Pupil A did ./Birch__Paul_-_10_March_2015_-7101413_-_Web_Decision.pdf-not recall any fear or trepidation at being called into the room, even though it had not ./Birch__Paul_-_10_March_2015_-7101413_-_Web_Decision.pdf-happened before. ./Birch__Paul_-_10_March_2015_-7101413_-_Web_Decision.pdf- ./Birch__Paul_-_10_March_2015_-7101413_-_Web_Decision.pdf-The panel noted that Mr Birch admits that he did call Pupil A into the staff dressing room -- ./Birch__Paul_-_10_March_2015_-7101413_-_Web_Decision.pdf- e. looked at Pupil A’s penis, ./Birch__Paul_-_10_March_2015_-7101413_-_Web_Decision.pdf- ./Birch__Paul_-_10_March_2015_-7101413_-_Web_Decision.pdf-Pupil A did not indicate in his written or oral evidence that Mr Birch looked at his penis ./Birch__Paul_-_10_March_2015_-7101413_-_Web_Decision.pdf-whilst he was in the Master’s dressing room. However, Mr Birch indicated in the Agency ./Birch__Paul_-_10_March_2015_-7101413_-_Web_Decision.pdf:Reporting form included in the bundle that he got no sexual gratification from looking at ./Birch__Paul_-_10_March_2015_-7101413_-_Web_Decision.pdf-Pupil A’s penis. Therefore it is implicit that Mr Birch accepts he did look at Pupil A’s ./Birch__Paul_-_10_March_2015_-7101413_-_Web_Decision.pdf-penis. Also the panel inferred from Pupil A’s written evidence, that as Mr Birch stated ./Birch__Paul_-_10_March_2015_-7101413_-_Web_Decision.pdf-that he would start to grow pubic hair that it is more likely than not that this allegation is ./Birch__Paul_-_10_March_2015_-7101413_-_Web_Decision.pdf-proven. ./Birch__Paul_-_10_March_2015_-7101413_-_Web_Decision.pdf- ./Birch__Paul_-_10_March_2015_-7101413_-_Web_Decision.pdf- f. told him ‘that his balls would drop’ or words to that effect, ./Birch__Paul_-_10_March_2015_-7101413_-_Web_Decision.pdf- ./Birch__Paul_-_10_March_2015_-7101413_-_Web_Decision.pdf-Pupil A stated in his oral evidence that Mr Birch stated that “his balls would drop”. Pupil ./Birch__Paul_-_10_March_2015_-7101413_-_Web_Decision.pdf-A was an 11 year old in the 1970s, and he considered that it was bizarre to have such a ./Birch__Paul_-_10_March_2015_-7101413_-_Web_Decision.pdf-discussion with a teacher. Pupil A did not know what this meant at the time. -- ./Birch__Paul_-_10_March_2015_-7101413_-_Web_Decision.pdf- c. a breach of your position of trust, ./Birch__Paul_-_10_March_2015_-7101413_-_Web_Decision.pdf- ./Birch__Paul_-_10_March_2015_-7101413_-_Web_Decision.pdf-Any member of staff is in a position of trust. The panel found that Mr Birch’s conduct did ./Birch__Paul_-_10_March_2015_-7101413_-_Web_Decision.pdf-breach his position of trust as both Pupil A and B followed his instruction as a teacher ./Birch__Paul_-_10_March_2015_-7101413_-_Web_Decision.pdf-and undressed in front of him. It is clear from Pupil A’s written statement and the record ./Birch__Paul_-_10_March_2015_-7101413_-_Web_Decision.pdf-of the telephone conversation with Pupil B that Mr Birch’s request for them to pull back ./Birch__Paul_-_10_March_2015_-7101413_-_Web_Decision.pdf-their foreskin made them both uncomfortable. Pupil A was concerned that Mr Birch might ./Birch__Paul_-_10_March_2015_-7101413_-_Web_Decision.pdf-touch him inappropriately. The panel found this allegation proven. ./Birch__Paul_-_10_March_2015_-7101413_-_Web_Decision.pdf- ./Birch__Paul_-_10_March_2015_-7101413_-_Web_Decision.pdf: d. sexually motivated. ./Birch__Paul_-_10_March_2015_-7101413_-_Web_Decision.pdf- ./Birch__Paul_-_10_March_2015_-7101413_-_Web_Decision.pdf-Pupil A indicated in his evidence that he did not think Mr Birch’s motivation for calling him ./Birch__Paul_-_10_March_2015_-7101413_-_Web_Decision.pdf-into the Master’s dressing room or speaking to him in the way he did was for a medical or ./Birch__Paul_-_10_March_2015_-7101413_-_Web_Decision.pdf:hygiene reason but because Mr Birch got some sort of sexual benefit from looking at ./Birch__Paul_-_10_March_2015_-7101413_-_Web_Decision.pdf-naked young boys. ./Birch__Paul_-_10_March_2015_-7101413_-_Web_Decision.pdf- ./Birch__Paul_-_10_March_2015_-7101413_-_Web_Decision.pdf-Mr Birch indicated in the Agency Form that he used to hear a group of “4 lads ripping ./Birch__Paul_-_10_March_2015_-7101413_-_Web_Decision.pdf-each other about their bodies” and he was only giving advice to Pupil A about his ./Birch__Paul_-_10_March_2015_-7101413_-_Web_Decision.pdf-changing body. Even though he denies this allegation, it was unclear to the panel why ./Birch__Paul_-_10_March_2015_-7101413_-_Web_Decision.pdf-he would need to inspect two pupils’ penises in person or why he called Pupil A to a ./Birch__Paul_-_10_March_2015_-7101413_-_Web_Decision.pdf-discrete room which was usually not accessed by pupils and that had no windows. ./Birch__Paul_-_10_March_2015_-7101413_-_Web_Decision.pdf- ./Birch__Paul_-_10_March_2015_-7101413_-_Web_Decision.pdf-Pupil A considers that if he had not left the room, Mr Birch would have touched him ./Birch__Paul_-_10_March_2015_-7101413_-_Web_Decision.pdf-inappropriately. ./Birch__Paul_-_10_March_2015_-7101413_-_Web_Decision.pdf- ./Birch__Paul_-_10_March_2015_-7101413_-_Web_Decision.pdf-Pupil A also stated in his written evidence that Mr Birch got a “cheap thrill” from watching ./Birch__Paul_-_10_March_2015_-7101413_-_Web_Decision.pdf-boys run naked through the showers at School. Even though Mr Birch denies that he got ./Birch__Paul_-_10_March_2015_-7101413_-_Web_Decision.pdf:any sexual gratification from looking at Pupil A and B’s penises, upon being talked to by ./Birch__Paul_-_10_March_2015_-7101413_-_Web_Decision.pdf-the head teacher at the time, he realised his actions were “stupid” and that he had never ./Birch__Paul_-_10_March_2015_-7101413_-_Web_Decision.pdf-done anything like that since. The statement of agreed facts reflects Mr Birch’s denial of ./Birch__Paul_-_10_March_2015_-7101413_-_Web_Decision.pdf:this allegation. The panel found sexual motivation was the most likely reason for Mr ./Birch__Paul_-_10_March_2015_-7101413_-_Web_Decision.pdf-Birch’s behaviour towards Pupil A and B as set out in allegations 1 and 2. On the ./Birch__Paul_-_10_March_2015_-7101413_-_Web_Decision.pdf-balance of probabilities, this allegation is therefore proven. ./Birch__Paul_-_10_March_2015_-7101413_-_Web_Decision.pdf- ./Birch__Paul_-_10_March_2015_-7101413_-_Web_Decision.pdf-Findings as to unacceptable professional conduct and/or ./Birch__Paul_-_10_March_2015_-7101413_-_Web_Decision.pdf-conduct that may bring the profession into disrepute ./Birch__Paul_-_10_March_2015_-7101413_-_Web_Decision.pdf-In considering the allegations that the panel has found proven, the panel has had regard ./Birch__Paul_-_10_March_2015_-7101413_-_Web_Decision.pdf-to the definitions in The Teacher Misconduct – Prohibition of Teachers Advice, which we ./Birch__Paul_-_10_March_2015_-7101413_-_Web_Decision.pdf-refer to as the ‘guidance’. ./Birch__Paul_-_10_March_2015_-7101413_-_Web_Decision.pdf- ./Birch__Paul_-_10_March_2015_-7101413_-_Web_Decision.pdf-The panel is satisfied that the conduct of Mr Birch in relation to the facts found proven, -- ./Birch__Paul_-_10_March_2015_-7101413_-_Web_Decision.pdf- ./Birch__Paul_-_10_March_2015_-7101413_-_Web_Decision.pdf-The Presenting Officer submitted that the protection of pupils was as basic to the ./Birch__Paul_-_10_March_2015_-7101413_-_Web_Decision.pdf-teaching profession in the 1970s as it is now. Even though some of the teaching ./Birch__Paul_-_10_March_2015_-7101413_-_Web_Decision.pdf-practices at that time would be regarded by modern standards as inappropriate, Mr ./Birch__Paul_-_10_March_2015_-7101413_-_Web_Decision.pdf-Birch’s conduct was a threat to the well-being of Pupil A or Pupil B. The fact that the ./Birch__Paul_-_10_March_2015_-7101413_-_Web_Decision.pdf-parents of Pupil A were appalled by Mr Birch’s conduct and complained to the school is ./Birch__Paul_-_10_March_2015_-7101413_-_Web_Decision.pdf-evidence of just how unacceptably Mr Birch’s conduct was viewed at the time. ./Birch__Paul_-_10_March_2015_-7101413_-_Web_Decision.pdf- ./Birch__Paul_-_10_March_2015_-7101413_-_Web_Decision.pdf-The panel has also considered whether Mr Birch’s conduct displayed behaviours ./Birch__Paul_-_10_March_2015_-7101413_-_Web_Decision.pdf-associated with any of the offences listed on page 8 and 9 of the guidance and the panel ./Birch__Paul_-_10_March_2015_-7101413_-_Web_Decision.pdf:has found that sexual activity is relevant. The guidance indicates that where behaviours ./Birch__Paul_-_10_March_2015_-7101413_-_Web_Decision.pdf-associated with such an offence exist, a panel is likely to conclude that an individual’s ./Birch__Paul_-_10_March_2015_-7101413_-_Web_Decision.pdf-conduct would amount to unacceptable professional conduct. Accordingly, the panel is ./Birch__Paul_-_10_March_2015_-7101413_-_Web_Decision.pdf-satisfied that Mr Birch is guilty of unacceptable professional conduct. ./Birch__Paul_-_10_March_2015_-7101413_-_Web_Decision.pdf- ./Birch__Paul_-_10_March_2015_-7101413_-_Web_Decision.pdf-The panel has taken into account how the teaching profession is viewed by others and ./Birch__Paul_-_10_March_2015_-7101413_-_Web_Decision.pdf-considered the influence that teachers may have on pupils, parents and others in the ./Birch__Paul_-_10_March_2015_-7101413_-_Web_Decision.pdf-community. The panel has taken account of the uniquely influential role that teachers ./Birch__Paul_-_10_March_2015_-7101413_-_Web_Decision.pdf-can hold in pupils’ lives and that pupils must be able to view teachers as role models in ./Birch__Paul_-_10_March_2015_-7101413_-_Web_Decision.pdf-the way they behave. Mr Birch’s conduct was highly inappropriate and Mr Birch ./Birch__Paul_-_10_March_2015_-7101413_-_Web_Decision.pdf-acknowledged in an interview with the School that the former headmaster had given him -- ./Birch__Paul_-_10_March_2015_-7101413_-_Web_Decision.pdf-they are likely to have punitive effect. ./Birch__Paul_-_10_March_2015_-7101413_-_Web_Decision.pdf- ./Birch__Paul_-_10_March_2015_-7101413_-_Web_Decision.pdf-The panel has considered the particular public interest considerations set out in the ./Birch__Paul_-_10_March_2015_-7101413_-_Web_Decision.pdf-guidance and having done so has found a number of them to be relevant in this case, ./Birch__Paul_-_10_March_2015_-7101413_-_Web_Decision.pdf-namely the protection of pupils, the maintenance of public confidence in the profession ./Birch__Paul_-_10_March_2015_-7101413_-_Web_Decision.pdf-and declaring and upholding proper standards of conduct. ./Birch__Paul_-_10_March_2015_-7101413_-_Web_Decision.pdf- ./Birch__Paul_-_10_March_2015_-7101413_-_Web_Decision.pdf-In light of the panel’s findings against Mr Birch, which involved unacceptable and ./Birch__Paul_-_10_March_2015_-7101413_-_Web_Decision.pdf-inappropriate behaviour towards Pupil A and Pupil B in asking them to remove their ./Birch__Paul_-_10_March_2015_-7101413_-_Web_Decision.pdf-underclothes and inspecting their penises, there is a strong public interest consideration ./Birch__Paul_-_10_March_2015_-7101413_-_Web_Decision.pdf:in respect of the protection of pupils given the serious findings of sexually motivated ./Birch__Paul_-_10_March_2015_-7101413_-_Web_Decision.pdf-behaviour towards both Pupil A and Pupil B. The presenting officer submitted that Mr ./Birch__Paul_-_10_March_2015_-7101413_-_Web_Decision.pdf-Birch would present a continuing risk to pupils in light of Pupil A’s evidence that he would ./Birch__Paul_-_10_March_2015_-7101413_-_Web_Decision.pdf-not be comfortable with either of his children being alone in Mr Birch’s presence. ./Birch__Paul_-_10_March_2015_-7101413_-_Web_Decision.pdf- ./Birch__Paul_-_10_March_2015_-7101413_-_Web_Decision.pdf-Similarly, the panel considers that public confidence in the profession could be seriously ./Birch__Paul_-_10_March_2015_-7101413_-_Web_Decision.pdf-weakened if conduct such as that found against Mr Birch were not treated with the ./Birch__Paul_-_10_March_2015_-7101413_-_Web_Decision.pdf-utmost seriousness when regulating the conduct of the profession. ./Birch__Paul_-_10_March_2015_-7101413_-_Web_Decision.pdf- ./Birch__Paul_-_10_March_2015_-7101413_-_Web_Decision.pdf-The panel considered that a strong public interest consideration in declaring proper ./Birch__Paul_-_10_March_2015_-7101413_-_Web_Decision.pdf-standards of conduct in the profession was also present as the conduct found against Mr -- ./Birch__Paul_-_10_March_2015_-7101413_-_Web_Decision.pdf-  misconduct seriously affecting the education and/or well-being of pupils, and ./Birch__Paul_-_10_March_2015_-7101413_-_Web_Decision.pdf- particularly where there is a continuing risk ./Birch__Paul_-_10_March_2015_-7101413_-_Web_Decision.pdf-  abuse of position or trust (particularly involving vulnerable pupils) or violation of the ./Birch__Paul_-_10_March_2015_-7101413_-_Web_Decision.pdf- rights of pupils ./Birch__Paul_-_10_March_2015_-7101413_-_Web_Decision.pdf:  sexual misconduct, eg involving actions that were sexually motivated or of a ./Birch__Paul_-_10_March_2015_-7101413_-_Web_Decision.pdf: sexual nature and/or that use or exploit the trust, knowledge or influence derived ./Birch__Paul_-_10_March_2015_-7101413_-_Web_Decision.pdf- from the individual’s professional position; ./Birch__Paul_-_10_March_2015_-7101413_-_Web_Decision.pdf-The panel found that Mr Birch had committed a serious abuse of his position of trust and ./Birch__Paul_-_10_March_2015_-7101413_-_Web_Decision.pdf-violated the rights and dignity of Pupil A and B by asking them to remove their clothing so ./Birch__Paul_-_10_March_2015_-7101413_-_Web_Decision.pdf:that he could inspect their penises. Such conduct, in the panel’s view, was sexually ./Birch__Paul_-_10_March_2015_-7101413_-_Web_Decision.pdf-motivated and represented serious misconduct that affected the well-being of both Pupil ./Birch__Paul_-_10_March_2015_-7101413_-_Web_Decision.pdf-A and B. This in the panel’s view also amounted to a serious departure from the ./Birch__Paul_-_10_March_2015_-7101413_-_Web_Decision.pdf-personal and professional conduct elements of the teachers’ standards. ./Birch__Paul_-_10_March_2015_-7101413_-_Web_Decision.pdf- ./Birch__Paul_-_10_March_2015_-7101413_-_Web_Decision.pdf-Even though there were behaviours that would point to the appropriateness of a ./Birch__Paul_-_10_March_2015_-7101413_-_Web_Decision.pdf-prohibition order, the panel went on to consider whether or not there were sufficient ./Birch__Paul_-_10_March_2015_-7101413_-_Web_Decision.pdf-mitigating factors to militate against this being an appropriate and proportionate measure ./Birch__Paul_-_10_March_2015_-7101413_-_Web_Decision.pdf-to impose, particularly taking into account the nature and severity of the behaviour in this ./Birch__Paul_-_10_March_2015_-7101413_-_Web_Decision.pdf-case. There was no evidence that Mr Birch’s actions were anything other than ./Birch__Paul_-_10_March_2015_-7101413_-_Web_Decision.pdf-deliberate. -- ./Birch__Paul_-_10_March_2015_-7101413_-_Web_Decision.pdf-disciplinary proceedings or warnings, other than the stern talking to he received from the ./Birch__Paul_-_10_March_2015_-7101413_-_Web_Decision.pdf-former headmaster (which Mr Birch referred to, in his interview with the School on 30 ./Birch__Paul_-_10_March_2015_-7101413_-_Web_Decision.pdf-October 2013). ./Birch__Paul_-_10_March_2015_-7101413_-_Web_Decision.pdf- ./Birch__Paul_-_10_March_2015_-7101413_-_Web_Decision.pdf-The panel also took into account the reference in the minutes of the third joint evaluation ./Birch__Paul_-_10_March_2015_-7101413_-_Web_Decision.pdf-meeting which took place on 11 September 2013 to Mr Birch’s distress and health ./Birch__Paul_-_10_March_2015_-7101413_-_Web_Decision.pdf-concerns following investigation of the allegations referred to above. ./Birch__Paul_-_10_March_2015_-7101413_-_Web_Decision.pdf- ./Birch__Paul_-_10_March_2015_-7101413_-_Web_Decision.pdf-Having taken all of the above into account, the panel is of the view that prohibition is both ./Birch__Paul_-_10_March_2015_-7101413_-_Web_Decision.pdf-proportionate and appropriate. The panel has decided that the public interest ./Birch__Paul_-_10_March_2015_-7101413_-_Web_Decision.pdf:considerations outweigh the interests of Mr Birch. The sexual motivation of Mr Birch’s ./Birch__Paul_-_10_March_2015_-7101413_-_Web_Decision.pdf-behaviour was the critical factor in forming that opinion. Accordingly, the panel makes a ./Birch__Paul_-_10_March_2015_-7101413_-_Web_Decision.pdf-recommendation to the Secretary of State that a prohibition order should be imposed with ./Birch__Paul_-_10_March_2015_-7101413_-_Web_Decision.pdf-immediate effect. ./Birch__Paul_-_10_March_2015_-7101413_-_Web_Decision.pdf- ./Birch__Paul_-_10_March_2015_-7101413_-_Web_Decision.pdf-The panel went on to consider whether or not it would be appropriate for them to decide ./Birch__Paul_-_10_March_2015_-7101413_-_Web_Decision.pdf-to recommend that a review period of the order should be considered. The panel was ./Birch__Paul_-_10_March_2015_-7101413_-_Web_Decision.pdf- ./Birch__Paul_-_10_March_2015_-7101413_-_Web_Decision.pdf- 16 ./Birch__Paul_-_10_March_2015_-7101413_-_Web_Decision.pdf- -- ./Birch__Paul_-_10_March_2015_-7101413_-_Web_Decision.pdf-mindful that the guidance advises that a prohibition order applies for life, but there may ./Birch__Paul_-_10_March_2015_-7101413_-_Web_Decision.pdf-be circumstances in any given case that may make it appropriate to allow a teacher to ./Birch__Paul_-_10_March_2015_-7101413_-_Web_Decision.pdf-apply to have the prohibition order reviewed after a specified period of time that may not ./Birch__Paul_-_10_March_2015_-7101413_-_Web_Decision.pdf-be less than two years. ./Birch__Paul_-_10_March_2015_-7101413_-_Web_Decision.pdf- ./Birch__Paul_-_10_March_2015_-7101413_-_Web_Decision.pdf-The guidance indicates that there are behaviours that, if proven, would militate against a ./Birch__Paul_-_10_March_2015_-7101413_-_Web_Decision.pdf:review period being recommended. One of these behaviours includes serious sexual ./Birch__Paul_-_10_March_2015_-7101413_-_Web_Decision.pdf:misconduct, e.g. where the act was sexually motivated and resulted in or had the ./Birch__Paul_-_10_March_2015_-7101413_-_Web_Decision.pdf-potential to result in, harm to a person or persons, particularly where the individual has ./Birch__Paul_-_10_March_2015_-7101413_-_Web_Decision.pdf-used their professional position to influence or exploit a person or persons. The panel ./Birch__Paul_-_10_March_2015_-7101413_-_Web_Decision.pdf:has found that Mr Birch’s behaviour towards Pupil A and Pupil B was sexually motivated. ./Birch__Paul_-_10_March_2015_-7101413_-_Web_Decision.pdf:This in the panel’s view was serious misconduct of a sexual nature which not only had ./Birch__Paul_-_10_March_2015_-7101413_-_Web_Decision.pdf-the potential but did in fact result in harm to both Pupil A and Pupil B. Mr Birch used his ./Birch__Paul_-_10_March_2015_-7101413_-_Web_Decision.pdf-position of trust as a teacher to influence Pupil A and B to remove their clothing in front of ./Birch__Paul_-_10_March_2015_-7101413_-_Web_Decision.pdf-him. Neither pupil should have been placed in such an inappropriate and vulnerable ./Birch__Paul_-_10_March_2015_-7101413_-_Web_Decision.pdf-position. ./Birch__Paul_-_10_March_2015_-7101413_-_Web_Decision.pdf- ./Birch__Paul_-_10_March_2015_-7101413_-_Web_Decision.pdf-The documents in the bundle indicate that Mr Birch regretted his actions at the time the ./Birch__Paul_-_10_March_2015_-7101413_-_Web_Decision.pdf-former headmaster spoke to him about his conduct in 1975. However, whatever the ./Birch__Paul_-_10_March_2015_-7101413_-_Web_Decision.pdf-ethos of the School at the time of the incidents upon which the allegations are based, the ./Birch__Paul_-_10_March_2015_-7101413_-_Web_Decision.pdf-panel considered that Mr Birch shows no current insight in relation to the severity of his ./Birch__Paul_-_10_March_2015_-7101413_-_Web_Decision.pdf-actions, because he considered his conduct would only be of concern if it became public -- ./Birch__Paul_-_10_March_2015_-7101413_-_Web_Decision.pdf- having regard for the need to safeguard pupils’ well-being, in accordance ./Birch__Paul_-_10_March_2015_-7101413_-_Web_Decision.pdf- with statutory provisions; ./Birch__Paul_-_10_March_2015_-7101413_-_Web_Decision.pdf-  Teachers must have an understanding of, and always act within, the statutory ./Birch__Paul_-_10_March_2015_-7101413_-_Web_Decision.pdf- frameworks which set out their professional duties and responsibilities. ./Birch__Paul_-_10_March_2015_-7101413_-_Web_Decision.pdf:The panel has gone on to find that the proven behaviours are sexually motivated. ./Birch__Paul_-_10_March_2015_-7101413_-_Web_Decision.pdf- ./Birch__Paul_-_10_March_2015_-7101413_-_Web_Decision.pdf-This is a serious case involving an abuse of the trust that pupils should expect from their ./Birch__Paul_-_10_March_2015_-7101413_-_Web_Decision.pdf-teachers. ./Birch__Paul_-_10_March_2015_-7101413_-_Web_Decision.pdf- ./Birch__Paul_-_10_March_2015_-7101413_-_Web_Decision.pdf-I have considered the guidance published by the Secretary of State and have also taken ./Birch__Paul_-_10_March_2015_-7101413_-_Web_Decision.pdf-into account the need to be proportionate. I have also considered the balance of the ./Birch__Paul_-_10_March_2015_-7101413_-_Web_Decision.pdf-public interest against the interest of Mr Birch. ./Birch__Paul_-_10_March_2015_-7101413_-_Web_Decision.pdf- ./Birch__Paul_-_10_March_2015_-7101413_-_Web_Decision.pdf-I support the recommendation of the panel in respect of both sanction and review period. ./Birch__Paul_-_10_March_2015_-7101413_-_Web_Decision.pdf- ./Black__Sarah__14411_-_WEB_Decision.pdf-B. Allegations ./Black__Sarah__14411_-_WEB_Decision.pdf-The panel considered the allegations set out in the Notice of Proceedings dated 7 June ./Black__Sarah__14411_-_WEB_Decision.pdf-2016. ./Black__Sarah__14411_-_WEB_Decision.pdf- ./Black__Sarah__14411_-_WEB_Decision.pdf-It was alleged that Miss Sarah Black was guilty of unacceptable professional conduct ./Black__Sarah__14411_-_WEB_Decision.pdf-and/or conduct that may bring the profession into disrepute in that whilst employed at ./Black__Sarah__14411_-_WEB_Decision.pdf:Southway Primary School in West Sussex she: ./Black__Sarah__14411_-_WEB_Decision.pdf- ./Black__Sarah__14411_-_WEB_Decision.pdf- 1. Provided false and or misleading information about her personal circumstances, in ./Black__Sarah__14411_-_WEB_Decision.pdf- particular that: ./Black__Sarah__14411_-_WEB_Decision.pdf- ./Black__Sarah__14411_-_WEB_Decision.pdf- a. she had been assaulted by her father in or around June 2014; ./Black__Sarah__14411_-_WEB_Decision.pdf- ./Black__Sarah__14411_-_WEB_Decision.pdf- b. her mother had been attacked by her father in or around June 2014; ./Black__Sarah__14411_-_WEB_Decision.pdf- ./Black__Sarah__14411_-_WEB_Decision.pdf- c. her mother had died as a result of (1)(b) above in or around July 2014; ./Black__Sarah__14411_-_WEB_Decision.pdf- -- ./Black__Sarah__14411_-_WEB_Decision.pdf- j. police were assisting her by: ./Black__Sarah__14411_-_WEB_Decision.pdf- ./Black__Sarah__14411_-_WEB_Decision.pdf- i. staking out her home ./Black__Sarah__14411_-_WEB_Decision.pdf- ./Black__Sarah__14411_-_WEB_Decision.pdf- ii. monitoring her phone ./Black__Sarah__14411_-_WEB_Decision.pdf- ./Black__Sarah__14411_-_WEB_Decision.pdf- iii. installing a panic button at her home ./Black__Sarah__14411_-_WEB_Decision.pdf- ./Black__Sarah__14411_-_WEB_Decision.pdf- k. her father was convicted of manslaughter in or around November 2014; ./Black__Sarah__14411_-_WEB_Decision.pdf- ./Black__Sarah__14411_-_WEB_Decision.pdf: l. she was the victim of an attempted kidnapping and/or sexual assault after a ./Black__Sarah__14411_-_WEB_Decision.pdf- Christmas party in December 2014; ./Black__Sarah__14411_-_WEB_Decision.pdf- ./Black__Sarah__14411_-_WEB_Decision.pdf- 2. She accepted approximately 32 days compassionate leave which was offered to ./Black__Sarah__14411_-_WEB_Decision.pdf- her as a result of false information she provided to the school; ./Black__Sarah__14411_-_WEB_Decision.pdf- ./Black__Sarah__14411_-_WEB_Decision.pdf- ./Black__Sarah__14411_-_WEB_Decision.pdf- 4 ./Black__Sarah__14411_-_WEB_Decision.pdf- -- ./Black__Sarah__14411_-_WEB_Decision.pdf- ./Black__Sarah__14411_-_WEB_Decision.pdf-  the Initial Evaluation Meeting; and ./Black__Sarah__14411_-_WEB_Decision.pdf- ./Black__Sarah__14411_-_WEB_Decision.pdf-  the School Investigation Report. ./Black__Sarah__14411_-_WEB_Decision.pdf- ./Black__Sarah__14411_-_WEB_Decision.pdf-The panel notes that the police have found no record of the assault / murder / ./Black__Sarah__14411_-_WEB_Decision.pdf-manslaughter of Miss Black’s mother (pages 106, 118). ./Black__Sarah__14411_-_WEB_Decision.pdf- ./Black__Sarah__14411_-_WEB_Decision.pdf-On the balance of probabilities, the panel found this allegation proven. ./Black__Sarah__14411_-_WEB_Decision.pdf- ./Black__Sarah__14411_-_WEB_Decision.pdf: l. you were the victim of an attempted kidnapping and/or sexual assault ./Black__Sarah__14411_-_WEB_Decision.pdf- after a Christmas party in December 2014; ./Black__Sarah__14411_-_WEB_Decision.pdf- ./Black__Sarah__14411_-_WEB_Decision.pdf-The panel has seen the following documents, which, in addition to Witness A’s oral ./Black__Sarah__14411_-_WEB_Decision.pdf-evidence, support the above allegation: ./Black__Sarah__14411_-_WEB_Decision.pdf- ./Black__Sarah__14411_-_WEB_Decision.pdf- ./Black__Sarah__14411_-_WEB_Decision.pdf- 12 ./Black__Sarah__14411_-_WEB_Decision.pdf- -- ./Black__Sarah__14411_-_WEB_Decision.pdf- Teachers’ Standards; ./Black__Sarah__14411_-_WEB_Decision.pdf-  misconduct seriously affecting the education and/or well-being of pupils, and ./Black__Sarah__14411_-_WEB_Decision.pdf- particularly where there is a continuing risk; ./Black__Sarah__14411_-_WEB_Decision.pdf-  a deep-seated attitude that leads to harmful behaviour; ./Black__Sarah__14411_-_WEB_Decision.pdf-  abuse of position or trust (particularly involving vulnerable pupils) or violation of the ./Black__Sarah__14411_-_WEB_Decision.pdf- rights of pupils; ./Black__Sarah__14411_-_WEB_Decision.pdf-  dishonesty especially where there have been serious consequences, and/or it has ./Black__Sarah__14411_-_WEB_Decision.pdf- been repeated and/or covered up; ./Black__Sarah__14411_-_WEB_Decision.pdf-  deliberate behaviour that undermines pupils, the profession, the school or ./Black__Sarah__14411_-_WEB_Decision.pdf- colleagues; and ./Black__Sarah__14411_-_WEB_Decision.pdf:  sexual misconduct, eg involving actions that were sexually motivated or of a ./Black__Sarah__14411_-_WEB_Decision.pdf: sexual nature and/or that use or exploit the trust, knowledge or influence derived ./Black__Sarah__14411_-_WEB_Decision.pdf- from the individual’s professional position. ./Black__Sarah__14411_-_WEB_Decision.pdf-Even though there were behaviours that would point to a prohibition order being ./Black__Sarah__14411_-_WEB_Decision.pdf-appropriate, the panel went on to consider whether or not there were sufficient mitigating ./Black__Sarah__14411_-_WEB_Decision.pdf-factors to militate against a prohibition order being an appropriate and proportionate ./Black__Sarah__14411_-_WEB_Decision.pdf-measure to impose, particularly taking into account the nature and severity of the ./Black__Sarah__14411_-_WEB_Decision.pdf-behaviour in this case. ./Black__Sarah__14411_-_WEB_Decision.pdf- ./Black__Sarah__14411_-_WEB_Decision.pdf-The panel noted that, although no mitigation evidence was offered by Miss Black, she ./Black__Sarah__14411_-_WEB_Decision.pdf-does appear to have had a previously good record at the school until these events, as ./Black__Sarah__14411_-_WEB_Decision.pdf-explained by Witness A in her oral evidence. Witness A also explained how Miss Black -- ./Black__Sarah__14411_-_WEB_Decision.pdf- ./Black__Sarah__14411_-_WEB_Decision.pdf-The panel went on to consider whether or not it would be appropriate for it to decide to ./Black__Sarah__14411_-_WEB_Decision.pdf-recommend that a review period of the order should be considered. The panel was ./Black__Sarah__14411_-_WEB_Decision.pdf-mindful that the Advice advises that a prohibition order applies for life, but there may be ./Black__Sarah__14411_-_WEB_Decision.pdf-circumstances in any given case that may make it appropriate to allow a teacher to apply ./Black__Sarah__14411_-_WEB_Decision.pdf-to have the prohibition order reviewed after a specified period of time that may not be ./Black__Sarah__14411_-_WEB_Decision.pdf-less than 2 years. ./Black__Sarah__14411_-_WEB_Decision.pdf- ./Black__Sarah__14411_-_WEB_Decision.pdf-The Advice indicates that there are behaviours that, if proven, would militate against a ./Black__Sarah__14411_-_WEB_Decision.pdf-review period being recommended. These behaviours include fraud and/or serious ./Black__Sarah__14411_-_WEB_Decision.pdf:dishonesty, violence and serious sexual misconduct. In relation to fraud, the panel found ./Black__Sarah__14411_-_WEB_Decision.pdf-that Miss Black’s actions in obtaining paid compassionate leave as a result of false ./Black__Sarah__14411_-_WEB_Decision.pdf-representations is analogous to fraud. The panel found that Miss Black was violent ./Black__Sarah__14411_-_WEB_Decision.pdf-towards Parent A. The panel has found that Miss Black has been responsible for serious ./Black__Sarah__14411_-_WEB_Decision.pdf- ./Black__Sarah__14411_-_WEB_Decision.pdf- 22 ./Black__Sarah__14411_-_WEB_Decision.pdf- -- ./Black__Sarah__14411_-_WEB_Decision.pdf-dishonesty in the elaborate lies that she told to the school and Parent A. The panel also ./Black__Sarah__14411_-_WEB_Decision.pdf:noted that there had been sexual misconduct in Miss Black’s unsolicited sexual advances ./Black__Sarah__14411_-_WEB_Decision.pdf-towards Parent A. ./Black__Sarah__14411_-_WEB_Decision.pdf- ./Black__Sarah__14411_-_WEB_Decision.pdf-Miss Black has refused to engage with the process and, so far as the panel is aware, has ./Black__Sarah__14411_-_WEB_Decision.pdf-shown no remorse or insight into her actions. ./Black__Sarah__14411_-_WEB_Decision.pdf- ./Black__Sarah__14411_-_WEB_Decision.pdf-The panel felt the findings indicated a situation in which a review period would not be ./Black__Sarah__14411_-_WEB_Decision.pdf-appropriate and as such decided that it would be proportionate in all the circumstances ./Black__Sarah__14411_-_WEB_Decision.pdf-for the prohibition order to be recommended without provisions for a review period. ./Black__Sarah__14411_-_WEB_Decision.pdf- ./Black__Sarah__14411_-_WEB_Decision.pdf- -- ./Black__Sarah__14411_-_WEB_Decision.pdf- Teachers’ Standards; ./Black__Sarah__14411_-_WEB_Decision.pdf-  misconduct seriously affecting the education and/or well-being of pupils, and ./Black__Sarah__14411_-_WEB_Decision.pdf- particularly where there is a continuing risk; ./Black__Sarah__14411_-_WEB_Decision.pdf-  a deep-seated attitude that leads to harmful behaviour; ./Black__Sarah__14411_-_WEB_Decision.pdf-  abuse of position or trust (particularly involving vulnerable pupils) or violation of the ./Black__Sarah__14411_-_WEB_Decision.pdf- rights of pupils; ./Black__Sarah__14411_-_WEB_Decision.pdf-  dishonesty especially where there have been serious consequences, and/or it has ./Black__Sarah__14411_-_WEB_Decision.pdf- been repeated and/or covered up; ./Black__Sarah__14411_-_WEB_Decision.pdf-  deliberate behaviour that undermines pupils, the profession, the school or ./Black__Sarah__14411_-_WEB_Decision.pdf- colleagues; and ./Black__Sarah__14411_-_WEB_Decision.pdf:  sexual misconduct, eg involving actions that were sexually motivated or of a ./Black__Sarah__14411_-_WEB_Decision.pdf: sexual nature and/or that use or exploit the trust, knowledge or influence derived ./Black__Sarah__14411_-_WEB_Decision.pdf- from the individual’s professional position. ./Black__Sarah__14411_-_WEB_Decision.pdf-In balancing all of these issues I support the recommendation of the panel that a ./Black__Sarah__14411_-_WEB_Decision.pdf-prohibition order is necessary and proportionate. ./Black__Sarah__14411_-_WEB_Decision.pdf- ./Black__Sarah__14411_-_WEB_Decision.pdf-I have also gone on to consider the issue of a review period and I have taken the advice ./Black__Sarah__14411_-_WEB_Decision.pdf-of the panel into account. Miss Black has not engaged in this process and appears not to ./Black__Sarah__14411_-_WEB_Decision.pdf-have engaged with the school’s procedures. ./Black__Sarah__14411_-_WEB_Decision.pdf- ./Black__Sarah__14411_-_WEB_Decision.pdf-I have noted that Miss Black appeared to be of previous good character. However, there ./Black__Sarah__14411_-_WEB_Decision.pdf-is no evidence of remorse and no evidence of insight. ./Bolt_-_Web_Decision.pdf-Teacher: Ms Laura Bolt ./Bolt_-_Web_Decision.pdf- ./Bolt_-_Web_Decision.pdf-Teacher ref number: 9450210 ./Bolt_-_Web_Decision.pdf- ./Bolt_-_Web_Decision.pdf-Teacher date of birth: 22 February 1973 ./Bolt_-_Web_Decision.pdf- ./Bolt_-_Web_Decision.pdf-TRA reference: 15879 ./Bolt_-_Web_Decision.pdf- ./Bolt_-_Web_Decision.pdf-Date of determination: 3 April 2018 ./Bolt_-_Web_Decision.pdf- ./Bolt_-_Web_Decision.pdf:Former employer: King Edmund School, Essex ./Bolt_-_Web_Decision.pdf- ./Bolt_-_Web_Decision.pdf- ./Bolt_-_Web_Decision.pdf-A. Introduction ./Bolt_-_Web_Decision.pdf-A professional conduct panel (“the panel”) of the Teaching Regulation Agency (“TRA”) ./Bolt_-_Web_Decision.pdf-convened on 3 April 2018 at 53 to 55 Butts Road, Earlsdon Park, Coventry CV1 3BH to ./Bolt_-_Web_Decision.pdf-consider the case of Ms Laura Bolt. ./Bolt_-_Web_Decision.pdf- ./Bolt_-_Web_Decision.pdf-The panel members were Mrs Alison Walsh (teacher panellist – in the chair), Mr Michael ./Bolt_-_Web_Decision.pdf-Lewis (teacher panellist) and Ms Karen McArthur (lay panellist). ./Bolt_-_Web_Decision.pdf- -- ./Bolt_-_Web_Decision.pdf-reasons: ./Bolt_-_Web_Decision.pdf- ./Bolt_-_Web_Decision.pdf-You were convicted in the Chelmsford Magistrates Court on 10 February 2017 of ./Bolt_-_Web_Decision.pdf-the following offences: ./Bolt_-_Web_Decision.pdf- ./Bolt_-_Web_Decision.pdf- 1. Destroying and/or damaging property (value under £5,000) on 15 December ./Bolt_-_Web_Decision.pdf- 2016, contrary to s1(1) and s4 Criminal Damage Act 1971, for which you were ./Bolt_-_Web_Decision.pdf- sentenced to a conditional discharge of 12 months, and ordered to pay ./Bolt_-_Web_Decision.pdf- compensation of £700, victim surcharge of £20, and costs of £40; ./Bolt_-_Web_Decision.pdf- ./Bolt_-_Web_Decision.pdf:The panel had regard to the memorandum of entry in the register of the North Essex ./Bolt_-_Web_Decision.pdf-Magistrates Court dated 10 February 2017 which related to Chelmsford Magistrates ./Bolt_-_Web_Decision.pdf-Court. This stated that on 15 December 2016, without lawful excuse Ms Bolt damaged a ./Bolt_-_Web_Decision.pdf-frame and magnetic security system to the value of £700, intending to destroy or damage ./Bolt_-_Web_Decision.pdf-such property or being reckless as to whether such property would be destroyed or ./Bolt_-_Web_Decision.pdf-damaged. Such action was contrary to sections 1(1) and 4 of the Criminal Damage Act ./Bolt_-_Web_Decision.pdf-1971. Ms Bolt was discharged conditionally for 12 months, and was ordered to pay ./Bolt_-_Web_Decision.pdf-compensation of £700, a surcharge to fund victim services of £20 and to pay £40 ./Bolt_-_Web_Decision.pdf-prosecution costs. This allegation was therefore found proven. ./Bolt_-_Web_Decision.pdf- ./Bolt_-_Web_Decision.pdf- ./Bolt_-_Web_Decision.pdf- 2. Common assault on 15 December 2016, contrary to s39. Criminal Justice Act ./Bolt_-_Web_Decision.pdf- 1988, for which you were given a conditional discharge of 12 months; ./Bolt_-_Web_Decision.pdf- ./Bolt_-_Web_Decision.pdf:The memorandum of entry in the register of the North Essex Magistrates Court, in the ./Bolt_-_Web_Decision.pdf-bundle, dated 10 February 2017, further stated that on 15 December 2016, Ms Bolt was ./Bolt_-_Web_Decision.pdf-sentenced at the Chelmsford Magistrates Court for assault contrary to section 39 of the ./Bolt_-_Web_Decision.pdf-Criminal Justice Act 1998. Ms Bolt was discharged conditionally for a period of 12 ./Bolt_-_Web_Decision.pdf-months. This allegation was therefore found proven. ./Bolt_-_Web_Decision.pdf- ./Bolt_-_Web_Decision.pdf- 8 ./Bolt_-_Web_Decision.pdf- -- ./Bolt_-_Web_Decision.pdf- 3. Assault on a Constable on 9 February 2017 contrary to s.89(1) Police Act ./Bolt_-_Web_Decision.pdf- 1996, for which you were given a conditional discharge of 12 months; ./Bolt_-_Web_Decision.pdf- ./Bolt_-_Web_Decision.pdf:The memorandum of entry in the register of the North Essex Magistrates Court, in the ./Bolt_-_Web_Decision.pdf-panel’s bundle, stated that on 9 February 2017, at Chelmsford Magistrates Court, Ms Bolt ./Bolt_-_Web_Decision.pdf-was conditionally discharged for 12 months as a result of being convicted of assault on a ./Bolt_-_Web_Decision.pdf-constable contrary to section 89(1) of the Police Act 1996. This allegation was therefore ./Bolt_-_Web_Decision.pdf-found proven. ./Bolt_-_Web_Decision.pdf- ./Bolt_-_Web_Decision.pdf- ./Bolt_-_Web_Decision.pdf-You were convicted in the Colchester Magistrates Court on 26 May 2017 of the ./Bolt_-_Web_Decision.pdf-following offences: ./Bolt_-_Web_Decision.pdf- ./Bolt_-_Web_Decision.pdf- 4. Destroying and/or damaging property on 1 April 2017, contrary to s1(1) ./Bolt_-_Web_Decision.pdf- Criminal Damage Act 1971, for which you were sentenced to imprisonment ./Bolt_-_Web_Decision.pdf- of 6 weeks, suspended for 12 months, issued with a rehabilitation activity ./Bolt_-_Web_Decision.pdf- requirement, ordered to pay compensation of £100; ./Bolt_-_Web_Decision.pdf- ./Bolt_-_Web_Decision.pdf:The panel had regard to the memorandum of entry in the register of the North Essex ./Bolt_-_Web_Decision.pdf-Magistrates Court dated 26 May 2017 which stated that on 01 April 2017, without lawful ./Bolt_-_Web_Decision.pdf-excuse Ms Bolt damaged a window intending to destroy or damage such property or ./Bolt_-_Web_Decision.pdf-being reckless as to whether such property would be destroyed or damaged. Such action ./Bolt_-_Web_Decision.pdf-was contrary to section 1(1) of the Criminal Damage Act 1971. Ms Bolt was sentenced to ./Bolt_-_Web_Decision.pdf-imprisonment for 6 weeks concurrent, suspended for 12 months. The reasons for this ./Bolt_-_Web_Decision.pdf-sentence, marked in the memorandum of entry, were assaults “on public servants ./Bolt_-_Web_Decision.pdf-carrying out their duties where the nature of assaults included biting, spitting and kicking ./Bolt_-_Web_Decision.pdf-with numerous injuries sustained.” Ms Bolt was convicted in the Colchester Magistrates ./Bolt_-_Web_Decision.pdf-Court, ordered to comply with a rehabilitation activity requirement, and was ordered to ./Bolt_-_Web_Decision.pdf-pay compensation of £100. ./Bolt_-_Web_Decision.pdf-This allegation was therefore found proven. ./Bolt_-_Web_Decision.pdf- ./Bolt_-_Web_Decision.pdf- ./Bolt_-_Web_Decision.pdf- 5. Battery on 19 May 2017, contrary to s39. Criminal Justice Act 1988, for which ./Bolt_-_Web_Decision.pdf- you were sentenced to imprisonment for 10 weeks consecutive, wholly ./Bolt_-_Web_Decision.pdf- suspended for 12 months, issued with a rehabilitation activity requirement, ./Bolt_-_Web_Decision.pdf- ordered to pay £75 in compensation; ./Bolt_-_Web_Decision.pdf- ./Bolt_-_Web_Decision.pdf:The memorandum of entry in the register of the North Essex Magistrates Court dated 26 ./Bolt_-_Web_Decision.pdf-May 2017 stated that on 19 May 2017, Ms Bolt assaulted a public servant contrary to ./Bolt_-_Web_Decision.pdf-section 39 of the Criminal Justice Act 1988. Ms Bolt was sentenced to imprisonment for ./Bolt_-_Web_Decision.pdf-10 weeks consecutively which was suspended for 12 months. The reasons for this ./Bolt_-_Web_Decision.pdf-sentence, marked in the memorandum of entry, were assaults “on public servants ./Bolt_-_Web_Decision.pdf-carrying out their duties where the nature of assaults included biting, spitting and kicking ./Bolt_-_Web_Decision.pdf- ./Bolt_-_Web_Decision.pdf- ./Bolt_-_Web_Decision.pdf- 9 ./Bolt_-_Web_Decision.pdf- -- ./Bolt_-_Web_Decision.pdf-comply with a rehabilitation activity requirement, and was ordered to pay compensation ./Bolt_-_Web_Decision.pdf-of £75. ./Bolt_-_Web_Decision.pdf-This allegation was therefore found proven. ./Bolt_-_Web_Decision.pdf- ./Bolt_-_Web_Decision.pdf- ./Bolt_-_Web_Decision.pdf- 6. Battery on 1 April 2017, contrary to s39. Criminal Justice Act 1988, for which ./Bolt_-_Web_Decision.pdf- you were sentenced to imprisonment for 6 weeks, wholly suspended for 12 ./Bolt_-_Web_Decision.pdf- months, issued with a rehabilitation activity requirement, and ordered to pay ./Bolt_-_Web_Decision.pdf- compensation of £100 and victim surcharge of £115; ./Bolt_-_Web_Decision.pdf- ./Bolt_-_Web_Decision.pdf:The memorandum of entry in the register of the North Essex Magistrates Court, which ./Bolt_-_Web_Decision.pdf-related to the Colchester Magistrates Court dated 26 May 2017 stated that on 01 April ./Bolt_-_Web_Decision.pdf-2017, Ms Bolt assaulted a public servant contrary to section 39 of the Criminal Justice ./Bolt_-_Web_Decision.pdf-Act 1988. Ms Bolt was sentenced to imprisonment for 6 weeks which was suspended for ./Bolt_-_Web_Decision.pdf-12 months. The reasons for this sentence, marked in the memorandum of entry, were ./Bolt_-_Web_Decision.pdf-assaults “on public servants carrying out their duties where the nature of assaults ./Bolt_-_Web_Decision.pdf-included biting, spitting and kicking with numerous injuries sustained.” Ms Bolt was ./Bolt_-_Web_Decision.pdf-ordered to comply with a rehabilitation activity requirement, and was ordered to pay ./Bolt_-_Web_Decision.pdf-compensation of £100 and a surcharge to fund victim services of £115. ./Bolt_-_Web_Decision.pdf-This allegation was therefore found proven. ./Bolt_-_Web_Decision.pdf- ./Bolt_-_Web_Decision.pdf- ./Bolt_-_Web_Decision.pdf- 7. Use of threatening abusive insulting words/behaviour or disorderly ./Bolt_-_Web_Decision.pdf- behaviour to cause harassment/alarm on 18 May 2017, contrary to the ./Bolt_-_Web_Decision.pdf- s.4A(1) and (5) Public Order Act 1986 for which you were sentenced to ./Bolt_-_Web_Decision.pdf- imprisonment for 4 weeks consecutive, wholly suspended for 12 months, ./Bolt_-_Web_Decision.pdf- issued with a rehabilitation activity requirement and ordered to pay £100 in ./Bolt_-_Web_Decision.pdf- compensation; ./Bolt_-_Web_Decision.pdf- ./Bolt_-_Web_Decision.pdf:Also included in the memorandum of entry in the register of the North Essex Magistrates ./Bolt_-_Web_Decision.pdf-Court dated 26 May 2017 was an entry which stated that on 18 May 2017 Ms Bolt ./Bolt_-_Web_Decision.pdf-received a sentence for an offence of intending to cause harassment, alarm or distress, ./Bolt_-_Web_Decision.pdf-used threatening, abusive or insulting words or behaviour or disorderly behaviour, ./Bolt_-_Web_Decision.pdf-thereby causing that person or another harassment, alarm or distress contrary to section ./Bolt_-_Web_Decision.pdf-4A(1) and (5) of the Public Order Act 1986. For this offence, Ms Bolt was sentenced to ./Bolt_-_Web_Decision.pdf-imprisonment for 4 weeks consecutive, which was wholly suspended for 12 months. Ms ./Bolt_-_Web_Decision.pdf-Bolt was ordered to comply with a rehabilitation activity requirement and ordered to pay ./Bolt_-_Web_Decision.pdf-compensation of £100. ./Bolt_-_Web_Decision.pdf- ./Bolt_-_Web_Decision.pdf- -- ./Bolt_-_Web_Decision.pdf-This allegation was therefore found proven. ./Bolt_-_Web_Decision.pdf- ./Bolt_-_Web_Decision.pdf- ./Bolt_-_Web_Decision.pdf- 8. Assault on a Constable on 1 April 2017 contrary to s.89(1) Police Act 1996, ./Bolt_-_Web_Decision.pdf- for which you were sentenced to imprisonment for 6 weeks concurrent, ./Bolt_-_Web_Decision.pdf- wholly suspended for 12 months, issued with a rehabilitation activity ./Bolt_-_Web_Decision.pdf- requirement and ordered to pay £75 in compensation; ./Bolt_-_Web_Decision.pdf- ./Bolt_-_Web_Decision.pdf-Included in the bundle was a further reference in the memorandum of entry in the register ./Bolt_-_Web_Decision.pdf:of the North Essex Magistrates Court dated 26 May 2017 which stated that on 1 April ./Bolt_-_Web_Decision.pdf-2017 Ms Bolt was convicted of assault on a constable in the execution of their duty ./Bolt_-_Web_Decision.pdf-contrary to section 89(1) of the Police Act 1996. Ms Bolt was sentenced to imprisonment ./Bolt_-_Web_Decision.pdf-for 6 weeks concurrent which was wholly suspended for 12 months. The reasons for ./Bolt_-_Web_Decision.pdf-custody were stated as assaults “on public servants carrying out their duties where the ./Bolt_-_Web_Decision.pdf-nature of assaults included biting, spitting and kicking with numerous injuries sustained.” ./Bolt_-_Web_Decision.pdf-Ms Bolt was ordered to comply with a rehabilitation activity requirement, and was ordered ./Bolt_-_Web_Decision.pdf-to pay compensation of £75. ./Bolt_-_Web_Decision.pdf-This allegation was therefore found proven. ./Bolt_-_Web_Decision.pdf- ./Bolt_-_Web_Decision.pdf- ./Bolt_-_Web_Decision.pdf- 9. Assault on a Constable on 1 April 2017 contrary to s.89(1) Police Act 1996, ./Bolt_-_Web_Decision.pdf- for which you were sentenced to imprisonment for 6 weeks concurrent, ./Bolt_-_Web_Decision.pdf- wholly suspended for 12 months, issued with a rehabilitation activity ./Bolt_-_Web_Decision.pdf- requirement and ordered to pay £75 in compensation; ./Bolt_-_Web_Decision.pdf- ./Bolt_-_Web_Decision.pdf-The panel had further regard to the memorandum of entry in the register of the North ./Bolt_-_Web_Decision.pdf:Essex Magistrates Court dated 26 May 2017 which stated on 1 April 2017, Ms Bolt ./Bolt_-_Web_Decision.pdf-assaulted a second constable in the execution of her duty contrary to section 89(1) of the ./Bolt_-_Web_Decision.pdf-Police Act 1996. As a result, Ms Bolt was sentenced to imprisonment for 6 weeks ./Bolt_-_Web_Decision.pdf-concurrent which was suspended for 12 months. The reasons for this sentence, marked ./Bolt_-_Web_Decision.pdf-in the memorandum of entry, were assaults “on public servants carrying out their duties ./Bolt_-_Web_Decision.pdf-where the nature of assaults included biting, spitting and kicking with numerous injuries ./Bolt_-_Web_Decision.pdf-sustained.” Ms Bolt was ordered to comply with a rehabilitation activity requirement, and ./Bolt_-_Web_Decision.pdf-was ordered to pay compensation of £75. ./Bolt_-_Web_Decision.pdf-This allegation was therefore found proven. ./Bolt_-_Web_Decision.pdf- ./Bolt_-_Web_Decision.pdf- ./Bolt_-_Web_Decision.pdf- 10. Assault on a Constable on 19 May 2017 contrary to s.89(1) Police Act 1996, ./Bolt_-_Web_Decision.pdf- for which you were sentenced to imprisonment for 10 weeks concurrent, ./Bolt_-_Web_Decision.pdf- wholly suspended for 12 months, issued with a rehabilitation activity ./Bolt_-_Web_Decision.pdf- requirement and ordered to pay compensation of £250; ./Bolt_-_Web_Decision.pdf- ./Bolt_-_Web_Decision.pdf:The memorandum of entry in the register of the North Essex Magistrates Court dated 26 ./Bolt_-_Web_Decision.pdf-May 2017 stated that on 19 May 2017, Ms Bolt assaulted a police constable in the ./Bolt_-_Web_Decision.pdf- ./Bolt_-_Web_Decision.pdf- ./Bolt_-_Web_Decision.pdf- 11 ./Bolt_-_Web_Decision.pdf- -- ./Bolt_-_Web_Decision.pdf-ordered to comply with a rehabilitation activity requirement, and was ordered to pay ./Bolt_-_Web_Decision.pdf-compensation of £250. ./Bolt_-_Web_Decision.pdf-This allegation was therefore found proven. ./Bolt_-_Web_Decision.pdf- ./Bolt_-_Web_Decision.pdf- ./Bolt_-_Web_Decision.pdf- 11. Assault on a Constable on 19 May 2017 contrary to s.89(1) Police Act 1996, ./Bolt_-_Web_Decision.pdf- for which you were sentenced to imprisonment for 10 weeks concurrent, ./Bolt_-_Web_Decision.pdf- wholly suspended for 12 months, issued with a rehabilitation activity ./Bolt_-_Web_Decision.pdf- requirement, and ordered to pay compensation of £100; ./Bolt_-_Web_Decision.pdf- ./Bolt_-_Web_Decision.pdf:The memorandum of entry in the register of the North Essex Magistrates Court dated 26 ./Bolt_-_Web_Decision.pdf-May 2017 further stated that on 19 May 2017, Ms Bolt received a further sentence for ./Bolt_-_Web_Decision.pdf-assault of a police constable in the execution of her duty contrary to section 89(1) of the ./Bolt_-_Web_Decision.pdf-Police Act 1996. Ms Bolt was sentenced to imprisonment for 10 weeks concurrently ./Bolt_-_Web_Decision.pdf-which was suspended for 12 months. The reasons for this sentence, marked in the ./Bolt_-_Web_Decision.pdf-memorandum of entry, were assaults “on public servants carrying out their duties where ./Bolt_-_Web_Decision.pdf-the nature of assaults included biting, spitting and kicking with numerous injuries ./Bolt_-_Web_Decision.pdf-sustained.” Ms Bolt was ordered to comply with a rehabilitation activity requirement, and ./Bolt_-_Web_Decision.pdf-was ordered to pay compensation of £100. ./Bolt_-_Web_Decision.pdf-This allegation was therefore found proven. ./Bolt_-_Web_Decision.pdf- ./Bolt_-_Web_Decision.pdf- ./Bolt_-_Web_Decision.pdf- 12. Breach of 3 conditional discharges imposed on 10 February 2017, for which ./Bolt_-_Web_Decision.pdf- you were sentenced to imprisonment for 4 weeks consecutive, wholly ./Bolt_-_Web_Decision.pdf- suspended for 12 months and issued with a rehabilitation activity ./Bolt_-_Web_Decision.pdf- requirement. ./Bolt_-_Web_Decision.pdf- ./Bolt_-_Web_Decision.pdf-The panel also took into account a further entry contained in the memorandum of entry in ./Bolt_-_Web_Decision.pdf:the register of the North Essex Magistrates Court dated 26 May 2017. This stated that Ms ./Bolt_-_Web_Decision.pdf-Bolt committed a further offence whilst subject to a conditional discharge for a period of ./Bolt_-_Web_Decision.pdf-12 months imposed on 10 February 2017 for the three offences of criminal damage, ./Bolt_-_Web_Decision.pdf-common assault and assaulting a police constable. Ms Bolt was sentenced to 4 weeks ./Bolt_-_Web_Decision.pdf-imprisonment consecutive which was suspended for 12 months and was ordered to ./Bolt_-_Web_Decision.pdf-comply with a rehabilitation activity requirement. ./Bolt_-_Web_Decision.pdf-This allegation was therefore found proven. ./Bolt_-_Web_Decision.pdf- ./Bolt_-_Web_Decision.pdf- ./Bolt_-_Web_Decision.pdf- ./Bolt_-_Web_Decision.pdf- ./Bould_Steven_SoS_Decision_Accessibility_Checked.pdf- d. 01/01/19- 06/02/19; ./Bould_Steven_SoS_Decision_Accessibility_Checked.pdf- ./Bould_Steven_SoS_Decision_Accessibility_Checked.pdf- ./Bould_Steven_SoS_Decision_Accessibility_Checked.pdf- e. 01/11/18- 06/02/19; ./Bould_Steven_SoS_Decision_Accessibility_Checked.pdf- ./Bould_Steven_SoS_Decision_Accessibility_Checked.pdf- ./Bould_Steven_SoS_Decision_Accessibility_Checked.pdf- f. 01/12/18- 06/02/19. ./Bould_Steven_SoS_Decision_Accessibility_Checked.pdf- ./Bould_Steven_SoS_Decision_Accessibility_Checked.pdf- ./Bould_Steven_SoS_Decision_Accessibility_Checked.pdf- 2. Convicted 19 October 2020 and sentenced on 9 February 2021 at Stafford Crown ./Bould_Steven_SoS_Decision_Accessibility_Checked.pdf: Court of 3 counts of sexual assault of a female under 13 between 01/11/18- ./Bould_Steven_SoS_Decision_Accessibility_Checked.pdf- 06/02/19 contrary to Sexual Offences Act 2003 section 7. ./Bould_Steven_SoS_Decision_Accessibility_Checked.pdf- ./Bould_Steven_SoS_Decision_Accessibility_Checked.pdf- ./Bould_Steven_SoS_Decision_Accessibility_Checked.pdf-Preliminary applications ./Bould_Steven_SoS_Decision_Accessibility_Checked.pdf-The panel noted that the allegations contained a typographical error in that they ./Bould_Steven_SoS_Decision_Accessibility_Checked.pdf-incorrectly referred to the date of conviction as 9 February 2021, when this was in fact ./Bould_Steven_SoS_Decision_Accessibility_Checked.pdf-the date of sentence. The panel carefully considered the certificate of conviction and ./Bould_Steven_SoS_Decision_Accessibility_Checked.pdf-noted that the date of conviction was 19 October 2020. ./Bould_Steven_SoS_Decision_Accessibility_Checked.pdf- ./Bould_Steven_SoS_Decision_Accessibility_Checked.pdf-The panel took account of the legal advice and noted that the change to clarify the -- ./Bould_Steven_SoS_Decision_Accessibility_Checked.pdf-Decision and reasons ./Bould_Steven_SoS_Decision_Accessibility_Checked.pdf-The panel announced its decision and reasons as follows: ./Bould_Steven_SoS_Decision_Accessibility_Checked.pdf- ./Bould_Steven_SoS_Decision_Accessibility_Checked.pdf-In advance of the meeting, the TRA agreed to a request from Mr Bould for the allegations ./Bould_Steven_SoS_Decision_Accessibility_Checked.pdf-to be considered without a hearing. The panel had the ability to direct that the case be ./Bould_Steven_SoS_Decision_Accessibility_Checked.pdf-considered at a hearing if required in the interests of justice or in the public interest. The ./Bould_Steven_SoS_Decision_Accessibility_Checked.pdf-panel did not determine that such a direction was necessary or appropriate in this case. ./Bould_Steven_SoS_Decision_Accessibility_Checked.pdf- ./Bould_Steven_SoS_Decision_Accessibility_Checked.pdf-The teacher was employed as a mathematics teacher at the School between September ./Bould_Steven_SoS_Decision_Accessibility_Checked.pdf-2018 until his dismissal in July 2019. On 19 October 2020 he was convicted of 9 ./Bould_Steven_SoS_Decision_Accessibility_Checked.pdf:separate counts including, sexually assaulting females with no penetration and sexual ./Bould_Steven_SoS_Decision_Accessibility_Checked.pdf-assault on a female child under 13. ./Bould_Steven_SoS_Decision_Accessibility_Checked.pdf- ./Bould_Steven_SoS_Decision_Accessibility_Checked.pdf-Findings of fact ./Bould_Steven_SoS_Decision_Accessibility_Checked.pdf- ./Bould_Steven_SoS_Decision_Accessibility_Checked.pdf-The findings of fact are as follows: ./Bould_Steven_SoS_Decision_Accessibility_Checked.pdf- ./Bould_Steven_SoS_Decision_Accessibility_Checked.pdf-The panel found the following particulars of the allegations against you proved, for these ./Bould_Steven_SoS_Decision_Accessibility_Checked.pdf-reasons: ./Bould_Steven_SoS_Decision_Accessibility_Checked.pdf- ./Bould_Steven_SoS_Decision_Accessibility_Checked.pdf-Convicted on 19 October 2020 and sentenced on 9 February 2021 at Stafford -- ./Bould_Steven_SoS_Decision_Accessibility_Checked.pdf- ./Bould_Steven_SoS_Decision_Accessibility_Checked.pdf- 01/10/18- 06/02/19; ./Bould_Steven_SoS_Decision_Accessibility_Checked.pdf- ./Bould_Steven_SoS_Decision_Accessibility_Checked.pdf- 01/01/19- 06/02/19; ./Bould_Steven_SoS_Decision_Accessibility_Checked.pdf- ./Bould_Steven_SoS_Decision_Accessibility_Checked.pdf- 01/11/18- 06/02/19; ./Bould_Steven_SoS_Decision_Accessibility_Checked.pdf- ./Bould_Steven_SoS_Decision_Accessibility_Checked.pdf- 01/12/18- 06/02/19. ./Bould_Steven_SoS_Decision_Accessibility_Checked.pdf- ./Bould_Steven_SoS_Decision_Accessibility_Checked.pdf-Convicted 19 October 2020 and sentenced on 9 February 2021 at Stafford Crown ./Bould_Steven_SoS_Decision_Accessibility_Checked.pdf:Court of 3 counts of sexual assault of a female under 13 between 01/11/18- 06/02/19 ./Bould_Steven_SoS_Decision_Accessibility_Checked.pdf-contrary to Sexual Offences Act 2003 section 7. ./Bould_Steven_SoS_Decision_Accessibility_Checked.pdf- ./Bould_Steven_SoS_Decision_Accessibility_Checked.pdf-The panel had regard to the Certificate of Conviction which confirmed the fact of the ./Bould_Steven_SoS_Decision_Accessibility_Checked.pdf-convictions. ./Bould_Steven_SoS_Decision_Accessibility_Checked.pdf- ./Bould_Steven_SoS_Decision_Accessibility_Checked.pdf-The panel also had regard to the statement of agreed facts (which was signed by Mr ./Bould_Steven_SoS_Decision_Accessibility_Checked.pdf-Bould’s authorised representative), in which Mr Bould admitted the fact of the convictions ./Bould_Steven_SoS_Decision_Accessibility_Checked.pdf-and that they were relevant offences. ./Bould_Steven_SoS_Decision_Accessibility_Checked.pdf- ./Bould_Steven_SoS_Decision_Accessibility_Checked.pdf-The panel therefore found allegations 1 and 2 proven. -- ./Bould_Steven_SoS_Decision_Accessibility_Checked.pdf-impact on the safety of pupils. ./Bould_Steven_SoS_Decision_Accessibility_Checked.pdf- ./Bould_Steven_SoS_Decision_Accessibility_Checked.pdf-The panel also took account of the way the teaching profession is viewed by others. The ./Bould_Steven_SoS_Decision_Accessibility_Checked.pdf-panel considered that Mr Bould’s behaviour in committing the offence could affect public ./Bould_Steven_SoS_Decision_Accessibility_Checked.pdf-confidence in the teaching profession, given the influence that teachers may have on ./Bould_Steven_SoS_Decision_Accessibility_Checked.pdf-pupils, parents and others in the community. ./Bould_Steven_SoS_Decision_Accessibility_Checked.pdf- ./Bould_Steven_SoS_Decision_Accessibility_Checked.pdf-The panel noted that Mr Bould’s behaviour ultimately led to a sentence of imprisonment, ./Bould_Steven_SoS_Decision_Accessibility_Checked.pdf-which was indicative of the seriousness of the offences committed. ./Bould_Steven_SoS_Decision_Accessibility_Checked.pdf- ./Bould_Steven_SoS_Decision_Accessibility_Checked.pdf:This was a case involving an offence of sexual activity, which the Advice states is likely to ./Bould_Steven_SoS_Decision_Accessibility_Checked.pdf-be considered a relevant offence. ./Bould_Steven_SoS_Decision_Accessibility_Checked.pdf- ./Bould_Steven_SoS_Decision_Accessibility_Checked.pdf-The panel considered that a finding that these convictions were for relevant offences was ./Bould_Steven_SoS_Decision_Accessibility_Checked.pdf-necessary to reaffirm clear standards of conduct so as to maintain public confidence in ./Bould_Steven_SoS_Decision_Accessibility_Checked.pdf-the teaching profession. ./Bould_Steven_SoS_Decision_Accessibility_Checked.pdf- ./Bould_Steven_SoS_Decision_Accessibility_Checked.pdf- ./Bould_Steven_SoS_Decision_Accessibility_Checked.pdf-Panel’s recommendation to the Secretary of State ./Bould_Steven_SoS_Decision_Accessibility_Checked.pdf-Given the panel’s findings in respect of convictions of a relevant offence, it was ./Bould_Steven_SoS_Decision_Accessibility_Checked.pdf-necessary for the panel to go on to consider whether it would be appropriate to -- ./Bould_Steven_SoS_Decision_Accessibility_Checked.pdf- Teachers’ Standards; ./Bould_Steven_SoS_Decision_Accessibility_Checked.pdf- ./Bould_Steven_SoS_Decision_Accessibility_Checked.pdf- misconduct seriously affecting the education and/or well-being of pupils, and ./Bould_Steven_SoS_Decision_Accessibility_Checked.pdf- particularly where there is a continuing risk; ./Bould_Steven_SoS_Decision_Accessibility_Checked.pdf- ./Bould_Steven_SoS_Decision_Accessibility_Checked.pdf- a deep-seated attitude that leads to harmful behaviour; ./Bould_Steven_SoS_Decision_Accessibility_Checked.pdf- ./Bould_Steven_SoS_Decision_Accessibility_Checked.pdf- abuse of position or trust (particularly involving vulnerable pupils) or violation of the ./Bould_Steven_SoS_Decision_Accessibility_Checked.pdf- rights of pupils; ./Bould_Steven_SoS_Decision_Accessibility_Checked.pdf- ./Bould_Steven_SoS_Decision_Accessibility_Checked.pdf: sexual misconduct, for example, involving actions that were sexually motivated or of a ./Bould_Steven_SoS_Decision_Accessibility_Checked.pdf: sexual nature and/or that use or exploit the trust, knowledge or influence derived ./Bould_Steven_SoS_Decision_Accessibility_Checked.pdf- from the individual’s professional position; ./Bould_Steven_SoS_Decision_Accessibility_Checked.pdf- ./Bould_Steven_SoS_Decision_Accessibility_Checked.pdf-Even though some of the behaviour found proved in this case indicated that a prohibition ./Bould_Steven_SoS_Decision_Accessibility_Checked.pdf-order would be appropriate, the panel went on to consider the mitigating factors. ./Bould_Steven_SoS_Decision_Accessibility_Checked.pdf-Mitigating factors may indicate that a prohibition order would not be appropriate or ./Bould_Steven_SoS_Decision_Accessibility_Checked.pdf-proportionate. The panel found that none of the mitigating factors were present in this ./Bould_Steven_SoS_Decision_Accessibility_Checked.pdf-case. ./Bould_Steven_SoS_Decision_Accessibility_Checked.pdf- ./Bould_Steven_SoS_Decision_Accessibility_Checked.pdf-The panel saw evidence that Mr Bould was previously subject to warnings in respect of ./Bould_Steven_SoS_Decision_Accessibility_Checked.pdf-his teaching practice and failure to maintain appropriate personal space with pupils. -- ./Bould_Steven_SoS_Decision_Accessibility_Checked.pdf-prohibition order should be imposed with immediate effect. ./Bould_Steven_SoS_Decision_Accessibility_Checked.pdf- ./Bould_Steven_SoS_Decision_Accessibility_Checked.pdf-The panel went on to consider whether or not it would be appropriate to recommend that ./Bould_Steven_SoS_Decision_Accessibility_Checked.pdf-a review period of the order should be considered. The panel was mindful that the Advice ./Bould_Steven_SoS_Decision_Accessibility_Checked.pdf-states that a prohibition order applies for life, but there may be circumstances, in any ./Bould_Steven_SoS_Decision_Accessibility_Checked.pdf-given case, that may make it appropriate to allow a teacher to apply to have the ./Bould_Steven_SoS_Decision_Accessibility_Checked.pdf-prohibition order reviewed after a specified period of time that may not be less than 2 ./Bould_Steven_SoS_Decision_Accessibility_Checked.pdf-years. ./Bould_Steven_SoS_Decision_Accessibility_Checked.pdf- ./Bould_Steven_SoS_Decision_Accessibility_Checked.pdf-The Advice indicates that there are behaviours that, if proved, would militate against the ./Bould_Steven_SoS_Decision_Accessibility_Checked.pdf:recommendation of a review period. One of these behaviours is serious sexual ./Bould_Steven_SoS_Decision_Accessibility_Checked.pdf:misconduct, such as where the act was sexually motivated and resulted in or had the ./Bould_Steven_SoS_Decision_Accessibility_Checked.pdf-potential to result in, harm to a person or persons, particularly where the individual has ./Bould_Steven_SoS_Decision_Accessibility_Checked.pdf-used his professional position to influence or exploit a person or persons. The panel ./Bould_Steven_SoS_Decision_Accessibility_Checked.pdf:noted that Mr Bould was responsible for sexual misconduct against pupils in the school ./Bould_Steven_SoS_Decision_Accessibility_Checked.pdf-setting, and that this conduct resulted in 9 convictions and a significant prison sentence. ./Bould_Steven_SoS_Decision_Accessibility_Checked.pdf- ./Bould_Steven_SoS_Decision_Accessibility_Checked.pdf-The panel decided that the findings indicated a situation in which a review period would ./Bould_Steven_SoS_Decision_Accessibility_Checked.pdf-not be appropriate and, as such, decided that it would be proportionate in all the ./Bould_Steven_SoS_Decision_Accessibility_Checked.pdf-circumstances for the prohibition order to be recommended without provisions for a ./Bould_Steven_SoS_Decision_Accessibility_Checked.pdf-review period. ./Bould_Steven_SoS_Decision_Accessibility_Checked.pdf- ./Bould_Steven_SoS_Decision_Accessibility_Checked.pdf- ./Bould_Steven_SoS_Decision_Accessibility_Checked.pdf-Decision and reasons on behalf of the Secretary of State ./Bould_Steven_SoS_Decision_Accessibility_Checked.pdf-I have given very careful consideration to this case and to the recommendation of the -- ./Bould_Steven_SoS_Decision_Accessibility_Checked.pdf- ./Bould_Steven_SoS_Decision_Accessibility_Checked.pdf- Teachers must have proper and professional regard for the ethos, policies and ./Bould_Steven_SoS_Decision_Accessibility_Checked.pdf- practices of the school in which they teach ./Bould_Steven_SoS_Decision_Accessibility_Checked.pdf- ./Bould_Steven_SoS_Decision_Accessibility_Checked.pdf- Teachers must have an understanding of, and always act within, the statutory ./Bould_Steven_SoS_Decision_Accessibility_Checked.pdf- frameworks which set out their professional duties and responsibilities. ./Bould_Steven_SoS_Decision_Accessibility_Checked.pdf- ./Bould_Steven_SoS_Decision_Accessibility_Checked.pdf-The panel was also, “satisfied that the conduct of Mr Bould, in relation to the facts found ./Bould_Steven_SoS_Decision_Accessibility_Checked.pdf-proved, involved breaches of the Teachers’ Standards.” ./Bould_Steven_SoS_Decision_Accessibility_Checked.pdf- ./Bould_Steven_SoS_Decision_Accessibility_Checked.pdf:The findings of misconduct are particularly serious as they include a finding of sexual ./Bould_Steven_SoS_Decision_Accessibility_Checked.pdf-misconduct against pupils. ./Bould_Steven_SoS_Decision_Accessibility_Checked.pdf- ./Bould_Steven_SoS_Decision_Accessibility_Checked.pdf-I have to determine whether the imposition of a prohibition order is proportionate and in ./Bould_Steven_SoS_Decision_Accessibility_Checked.pdf-the public interest. In considering that for this case, I have considered the overall aim of a ./Bould_Steven_SoS_Decision_Accessibility_Checked.pdf-prohibition order which is to protect pupils and to maintain public confidence in the ./Bould_Steven_SoS_Decision_Accessibility_Checked.pdf-profession. I have considered the extent to which a prohibition order in this case would ./Bould_Steven_SoS_Decision_Accessibility_Checked.pdf-achieve that aim taking into account the impact that it will have on the individual teacher. ./Bould_Steven_SoS_Decision_Accessibility_Checked.pdf-I have also asked myself, whether a less intrusive measure, such as the published ./Bould_Steven_SoS_Decision_Accessibility_Checked.pdf-finding of a relevant conviction, would itself be sufficient to achieve the overall aim. I have ./Bould_Steven_SoS_Decision_Accessibility_Checked.pdf-to consider whether the consequences of such a publication are themselves sufficient. I -- ./Bould_Steven_SoS_Decision_Accessibility_Checked.pdf-profession, given the influence that teachers may have on pupils, parents and others in ./Bould_Steven_SoS_Decision_Accessibility_Checked.pdf-the community.” ./Bould_Steven_SoS_Decision_Accessibility_Checked.pdf- ./Bould_Steven_SoS_Decision_Accessibility_Checked.pdf:I am particularly mindful of the finding of sexual misconduct in this case and the impact ./Bould_Steven_SoS_Decision_Accessibility_Checked.pdf-that such a finding has on the reputation of the profession. ./Bould_Steven_SoS_Decision_Accessibility_Checked.pdf- ./Bould_Steven_SoS_Decision_Accessibility_Checked.pdf-I have had to consider that the public has a high expectation of professional standards of ./Bould_Steven_SoS_Decision_Accessibility_Checked.pdf-all teachers and that the public might regard a failure to impose a prohibition order as a ./Bould_Steven_SoS_Decision_Accessibility_Checked.pdf-failure to uphold those high standards. In weighing these considerations, I have had to ./Bould_Steven_SoS_Decision_Accessibility_Checked.pdf-consider the matter from the point of view of an “ordinary intelligent and well-informed ./Bould_Steven_SoS_Decision_Accessibility_Checked.pdf-citizen.” ./Bould_Steven_SoS_Decision_Accessibility_Checked.pdf- ./Bould_Steven_SoS_Decision_Accessibility_Checked.pdf-I have considered whether the publication of a finding of a relevant conviction, in the ./Bould_Steven_SoS_Decision_Accessibility_Checked.pdf-absence of a prohibition order, can itself be regarded by such a person as being a -- ./Bould_Steven_SoS_Decision_Accessibility_Checked.pdf- ./Bould_Steven_SoS_Decision_Accessibility_Checked.pdf-I have also considered the impact of a prohibition order on Mr Bould himself. The panel ./Bould_Steven_SoS_Decision_Accessibility_Checked.pdf-comment that it “saw evidence that Mr Bould was previously subject to warnings in ./Bould_Steven_SoS_Decision_Accessibility_Checked.pdf-respect of his teaching practice and failure to maintain appropriate personal space with ./Bould_Steven_SoS_Decision_Accessibility_Checked.pdf-pupils.” ./Bould_Steven_SoS_Decision_Accessibility_Checked.pdf- ./Bould_Steven_SoS_Decision_Accessibility_Checked.pdf-A prohibition order would prevent Mr Bould from teaching and would also clearly deprive ./Bould_Steven_SoS_Decision_Accessibility_Checked.pdf-the public of his contribution to the profession for the period that it is in force. ./Bould_Steven_SoS_Decision_Accessibility_Checked.pdf- ./Bould_Steven_SoS_Decision_Accessibility_Checked.pdf-In this case, I have placed considerable weight on the panel’s comments, “The panel ./Bould_Steven_SoS_Decision_Accessibility_Checked.pdf:noted that Mr Bould was responsible for sexual misconduct against pupils in the school ./Bould_Steven_SoS_Decision_Accessibility_Checked.pdf-setting, and that this conduct resulted in 9 convictions and a significant prison sentence.” ./Bould_Steven_SoS_Decision_Accessibility_Checked.pdf- ./Bould_Steven_SoS_Decision_Accessibility_Checked.pdf-I have given less weight in my consideration of sanction therefore, to the contribution that ./Bould_Steven_SoS_Decision_Accessibility_Checked.pdf-Mr Bould has made to the profession. In my view, it is necessary to impose a prohibition ./Bould_Steven_SoS_Decision_Accessibility_Checked.pdf-order in order to maintain public confidence in the profession. A published decision, in ./Bould_Steven_SoS_Decision_Accessibility_Checked.pdf-light of the circumstances in this case, that is not backed up by any evidence of remorse ./Bould_Steven_SoS_Decision_Accessibility_Checked.pdf-or insight, does not in my view satisfy the public interest requirement concerning public ./Bould_Steven_SoS_Decision_Accessibility_Checked.pdf-confidence in the profession. ./Bould_Steven_SoS_Decision_Accessibility_Checked.pdf- ./Bould_Steven_SoS_Decision_Accessibility_Checked.pdf-For these reasons, I have concluded that a prohibition order is proportionate and in the ./Bowles__D_Web_Decision.pdf-B. Allegations ./Bowles__D_Web_Decision.pdf-The panel considered the allegation set out in the Notice of Proceedings dated 23 June ./Bowles__D_Web_Decision.pdf-2015. ./Bowles__D_Web_Decision.pdf- ./Bowles__D_Web_Decision.pdf-It was alleged that Mr Daniel Bowles was guilty of unacceptable professional conduct, in ./Bowles__D_Web_Decision.pdf-respect of his conduct towards Pupil A whilst he was employed at St Thomas More ./Bowles__D_Web_Decision.pdf-Catholic School, Purley, in that: ./Bowles__D_Web_Decision.pdf- ./Bowles__D_Web_Decision.pdf: 1. He was cautioned under Section 16 of the Sexual Offences Act 2003 for a sexual ./Bowles__D_Web_Decision.pdf- act with a female aged 13-17 and for abusing his position of trust. ./Bowles__D_Web_Decision.pdf- ./Bowles__D_Web_Decision.pdf-Mr Bowles admitted the facts of the allegations and that they amounted to unacceptable ./Bowles__D_Web_Decision.pdf-professional conduct. ./Bowles__D_Web_Decision.pdf- ./Bowles__D_Web_Decision.pdf- ./Bowles__D_Web_Decision.pdf-C. Preliminary applications ./Bowles__D_Web_Decision.pdf-There were no preliminary applications. ./Bowles__D_Web_Decision.pdf- ./Bowles__D_Web_Decision.pdf- -- ./Bowles__D_Web_Decision.pdf- ./Bowles__D_Web_Decision.pdf-Findings of fact ./Bowles__D_Web_Decision.pdf-The panel’s findings of fact are as follows: ./Bowles__D_Web_Decision.pdf- ./Bowles__D_Web_Decision.pdf-The panel has found the following particulars of the allegation against Mr Daniel Bowles ./Bowles__D_Web_Decision.pdf-proven, for these reasons: ./Bowles__D_Web_Decision.pdf- ./Bowles__D_Web_Decision.pdf-Whilst he was employed at St Thomas More Catholic School, Purley: ./Bowles__D_Web_Decision.pdf- ./Bowles__D_Web_Decision.pdf- 1. He was cautioned under Section 16 of the Sexual Offences Act 2003 for a ./Bowles__D_Web_Decision.pdf: sexual act with a female aged 13-17 and for abusing his position of trust. ./Bowles__D_Web_Decision.pdf- ./Bowles__D_Web_Decision.pdf-The panel has been provided with a copy of the police national computer record, showing ./Bowles__D_Web_Decision.pdf-that Mr Bowles was cautioned on 13 June 2014, under section 16 of the Sexual Offences ./Bowles__D_Web_Decision.pdf:Act 2003 for a sexual act with a female aged 13-17. The panel received legal advice that ./Bowles__D_Web_Decision.pdf-an offence under that section involves abuse of position of trust. ./Bowles__D_Web_Decision.pdf- ./Bowles__D_Web_Decision.pdf-The panel has also seen a statement of agreed facts signed by Mr Bowles, in which he ./Bowles__D_Web_Decision.pdf-admits that: ./Bowles__D_Web_Decision.pdf- ./Bowles__D_Web_Decision.pdf- a. from September 2013 he would make comments to Pupil A to the effect that his ./Bowles__D_Web_Decision.pdf- day was complete when marking her into the register; ./Bowles__D_Web_Decision.pdf- ./Bowles__D_Web_Decision.pdf- b. he exchanged personal mobile telephone numbers with Pupil A; ./Bowles__D_Web_Decision.pdf- -- ./Bowles__D_Web_Decision.pdf- ./Bowles__D_Web_Decision.pdf-  Teachers uphold public trust in the profession and maintain high standards of ./Bowles__D_Web_Decision.pdf- ethics and behaviour, within and outside school, by: ./Bowles__D_Web_Decision.pdf- o treating pupils with dignity, building relationships rooted in mutual respect, and ./Bowles__D_Web_Decision.pdf- at all times observing proper boundaries appropriate to a teacher’s ./Bowles__D_Web_Decision.pdf- professional position [and] ./Bowles__D_Web_Decision.pdf- o having regard for the need to safeguard pupils’ well-being, in accordance with ./Bowles__D_Web_Decision.pdf- statutory provisions … ./Bowles__D_Web_Decision.pdf-The panel has also considered whether Mr Bowles has displayed behaviours associated ./Bowles__D_Web_Decision.pdf-with any of the offences listed on pages 8 and 9 of the Advice. The panel notes that Mr ./Bowles__D_Web_Decision.pdf:Bowles was cautioned for an offence that involved sexual activity. The Advice indicates ./Bowles__D_Web_Decision.pdf-that where behaviours associated with such an offence exist, a panel is likely to conclude ./Bowles__D_Web_Decision.pdf-that an individual’s conduct would amount to unacceptable professional conduct. ./Bowles__D_Web_Decision.pdf- ./Bowles__D_Web_Decision.pdf-In light of all of the above, the panel considers that Mr Bowles’ conduct, as found proven, ./Bowles__D_Web_Decision.pdf-amounts to misconduct of a serious nature, falling significantly short of the standard of ./Bowles__D_Web_Decision.pdf-behaviour expected of a teacher. The panel is satisfied that Mr Bowles is guilty of ./Bowles__D_Web_Decision.pdf-unacceptable professional conduct. ./Bowles__D_Web_Decision.pdf- ./Bowles__D_Web_Decision.pdf- ./Bowles__D_Web_Decision.pdf- -- ./Bowles__D_Web_Decision.pdf-should be made, the panel has to consider whether it is an appropriate and proportionate ./Bowles__D_Web_Decision.pdf-measure, and whether it is in the public interest to do so. Prohibition orders should not be ./Bowles__D_Web_Decision.pdf-given in order to be punitive, or to show that blame has been apportioned, although they ./Bowles__D_Web_Decision.pdf-are likely to have punitive effect. ./Bowles__D_Web_Decision.pdf- ./Bowles__D_Web_Decision.pdf-The panel has considered the particular public interest considerations set out in the ./Bowles__D_Web_Decision.pdf-Advice and having done so has found a number of them to be relevant in this case, ./Bowles__D_Web_Decision.pdf-namely the protection of pupils, the maintenance of public confidence in the profession ./Bowles__D_Web_Decision.pdf-and declaring and upholding proper standards of conduct. ./Bowles__D_Web_Decision.pdf- ./Bowles__D_Web_Decision.pdf:In light of the panel’s findings against Mr Bowles, which involved sexual activity with a ./Bowles__D_Web_Decision.pdf-pupil, there is a strong public interest consideration in respect of the protection of pupils. ./Bowles__D_Web_Decision.pdf- ./Bowles__D_Web_Decision.pdf-Similarly, the panel considers that public confidence in the profession could be seriously ./Bowles__D_Web_Decision.pdf-weakened if conduct such as that found against Mr Bowles were not treated with the ./Bowles__D_Web_Decision.pdf-utmost seriousness when regulating the conduct of the profession. ./Bowles__D_Web_Decision.pdf- ./Bowles__D_Web_Decision.pdf-The panel considers that a strong public interest consideration in declaring proper ./Bowles__D_Web_Decision.pdf-standards of conduct in the profession is also present as the conduct found against Mr ./Bowles__D_Web_Decision.pdf-Bowles could not reasonably be tolerated. ./Bowles__D_Web_Decision.pdf- -- ./Bowles__D_Web_Decision.pdf-In carrying out the balancing exercise the panel has considered the public interest ./Bowles__D_Web_Decision.pdf-considerations both in favour of and against prohibition as well as the interests of Mr ./Bowles__D_Web_Decision.pdf-Bowles. The panel took further account of the Advice, which suggests that a prohibition ./Bowles__D_Web_Decision.pdf-order may be appropriate if certain behaviours of a teacher have been proven. In the list ./Bowles__D_Web_Decision.pdf-of such behaviours, those that are relevant in this case are: ./Bowles__D_Web_Decision.pdf- ./Bowles__D_Web_Decision.pdf-  serious departure from the personal and professional conduct elements of the ./Bowles__D_Web_Decision.pdf- Teachers’ Standards; ./Bowles__D_Web_Decision.pdf-  abuse of position or trust (particularly involving vulnerable pupils) or violation of the ./Bowles__D_Web_Decision.pdf- rights of pupils; and ./Bowles__D_Web_Decision.pdf:  sexual misconduct, eg involving actions that were sexually motivated or of a ./Bowles__D_Web_Decision.pdf: sexual nature and/or that use or exploit the trust, knowledge or influence derived ./Bowles__D_Web_Decision.pdf- from the individual’s professional position. ./Bowles__D_Web_Decision.pdf- ./Bowles__D_Web_Decision.pdf- 7 ./Bowles__D_Web_Decision.pdf- -- ./Bowles__D_Web_Decision.pdf- ./Bowles__D_Web_Decision.pdf-The panel notes that Mr Bowles admitted his misconduct at an early stage, in that his ./Bowles__D_Web_Decision.pdf-kissing of Pupil A came to light by Mr Bowles’ voluntary admission, when he was ./Bowles__D_Web_Decision.pdf-questioned about text messages sent to Pupil A (which made no reference to a kiss). ./Bowles__D_Web_Decision.pdf- ./Bowles__D_Web_Decision.pdf-There was also some evidence before the panel which indicated that Mr Bowles was ./Bowles__D_Web_Decision.pdf-suffering from sleep deprivation at the relevant time. ./Bowles__D_Web_Decision.pdf- ./Bowles__D_Web_Decision.pdf-The panel is of the view that prohibition is both proportionate and appropriate. The panel ./Bowles__D_Web_Decision.pdf-has decided that the public interest considerations outweigh the interests of Mr Bowles. ./Bowles__D_Web_Decision.pdf:The fact that Mr Bowles has engaged in a sexual act with a vulnerable pupil was a ./Bowles__D_Web_Decision.pdf-significant factor in forming that opinion. Accordingly, the panel makes a recommendation ./Bowles__D_Web_Decision.pdf-to the Secretary of State that a prohibition order should be imposed with immediate ./Bowles__D_Web_Decision.pdf-effect. ./Bowles__D_Web_Decision.pdf- ./Bowles__D_Web_Decision.pdf-The panel went on to consider whether or not it would be appropriate for them to decide ./Bowles__D_Web_Decision.pdf-to recommend that a review period of the order should be considered. The panel was ./Bowles__D_Web_Decision.pdf-mindful that the Advice indicates that a prohibition order applies for life, but there may be ./Bowles__D_Web_Decision.pdf-circumstances in any given case that may make it appropriate to allow a teacher to apply ./Bowles__D_Web_Decision.pdf-to have the prohibition order reviewed after a specified period of time that may not be ./Bowles__D_Web_Decision.pdf-less than 2 years. ./Bowles__D_Web_Decision.pdf- ./Bowles__D_Web_Decision.pdf-The Advice indicates that there are behaviours that, if proven, would militate against a ./Bowles__D_Web_Decision.pdf:review period being recommended. These behaviours include serious sexual ./Bowles__D_Web_Decision.pdf:misconduct, e.g. where the act was sexually motivated and resulted in, or had the ./Bowles__D_Web_Decision.pdf-potential to result in, harm to a person or persons, particularly where the individual has ./Bowles__D_Web_Decision.pdf-used their professional position to influence or exploit a person or persons. Mr Bowles ./Bowles__D_Web_Decision.pdf:has admitted that his actions were sexually motivated. The panel has found that Mr ./Bowles__D_Web_Decision.pdf-Bowles exchanged mobile telephone numbers with a vulnerable pupil, communicated ./Bowles__D_Web_Decision.pdf-with her by text message, hugged her, asked, “shall we?” and then kissed her. Pupil A ./Bowles__D_Web_Decision.pdf-was a vulnerable student. Mr Bowles’ actions were considered and the conduct ./Bowles__D_Web_Decision.pdf-continued over a period of time. In these circumstances, the panel finds Mr Bowles’ ./Bowles__D_Web_Decision.pdf:actions to have been serious sexual misconduct. ./Bowles__D_Web_Decision.pdf- ./Bowles__D_Web_Decision.pdf-Mr Bowles has indicated that he regrets his actions and is sorry for them. The panel ./Bowles__D_Web_Decision.pdf-notes however, that Mr Bowles does not appear to have shown any recognition of the ./Bowles__D_Web_Decision.pdf- ./Bowles__D_Web_Decision.pdf- 8 ./Bowles__D_Web_Decision.pdf- -- ./Bowles__D_Web_Decision.pdf-In the circumstances, the panel considers this to be a situation in which a review period is ./Bowles__D_Web_Decision.pdf-not appropriate. As such it has decided that it would be proportionate in all the ./Bowles__D_Web_Decision.pdf-circumstances for the prohibition order to be recommended without provision for a review ./Bowles__D_Web_Decision.pdf-period. ./Bowles__D_Web_Decision.pdf- ./Bowles__D_Web_Decision.pdf- ./Bowles__D_Web_Decision.pdf-Decision and reasons on behalf of the Secretary of State ./Bowles__D_Web_Decision.pdf-I have given very careful consideration to this case and to the recommendation of the ./Bowles__D_Web_Decision.pdf-panel in respect of both sanction and review period. ./Bowles__D_Web_Decision.pdf- ./Bowles__D_Web_Decision.pdf:This is a case concerning sexual misconduct. The teacher accepted a caution under ./Bowles__D_Web_Decision.pdf:Section 16 of the Sexual Offences Act 2003 for a sexual act with a female aged 13-17 ./Bowles__D_Web_Decision.pdf-and for abusing his position of trust. ./Bowles__D_Web_Decision.pdf- ./Bowles__D_Web_Decision.pdf-The teacher admitted the caution and that it amounted to unacceptable professional ./Bowles__D_Web_Decision.pdf-conduct. ./Bowles__D_Web_Decision.pdf- ./Bowles__D_Web_Decision.pdf-The panel has considered the advice published by the Secretary of State as have I. ./Bowles__D_Web_Decision.pdf- ./Bowles__D_Web_Decision.pdf-Mr Bowles’ conduct, as found proven, amounts to misconduct of a serious nature, falling ./Bowles__D_Web_Decision.pdf-significantly short of the standard of behaviour expected of a teacher. ./Bowles__D_Web_Decision.pdf- ./Britton__Howard_SoS_decision_for_Web.pdf-October 2017. ./Britton__Howard_SoS_decision_for_Web.pdf- ./Britton__Howard_SoS_decision_for_Web.pdf-It was alleged that Dr Britton was guilty of unacceptable professional conduct and/or ./Britton__Howard_SoS_decision_for_Web.pdf-conduct that may bring the profession into disrepute, in that he: ./Britton__Howard_SoS_decision_for_Web.pdf- ./Britton__Howard_SoS_decision_for_Web.pdf- 1. Failed to maintain appropriate professional boundaries with Pupil A between ./Britton__Howard_SoS_decision_for_Web.pdf- January and June 2005, in that he: ./Britton__Howard_SoS_decision_for_Web.pdf- ./Britton__Howard_SoS_decision_for_Web.pdf- a. accepted Pupil A’s telephone number ./Britton__Howard_SoS_decision_for_Web.pdf- ./Britton__Howard_SoS_decision_for_Web.pdf: b. exchanged flirtatious and / or sexual text messages with Pupil A ./Britton__Howard_SoS_decision_for_Web.pdf- ./Britton__Howard_SoS_decision_for_Web.pdf- c. discussed with Pupil A meeting outside of school ./Britton__Howard_SoS_decision_for_Web.pdf- ./Britton__Howard_SoS_decision_for_Web.pdf- d. invited Pupil A to his home ./Britton__Howard_SoS_decision_for_Web.pdf- ./Britton__Howard_SoS_decision_for_Web.pdf- e. on one or more occasion: ./Britton__Howard_SoS_decision_for_Web.pdf- ./Britton__Howard_SoS_decision_for_Web.pdf- i. held hands with Pupil A ./Britton__Howard_SoS_decision_for_Web.pdf- ./Britton__Howard_SoS_decision_for_Web.pdf- ii. touched Pupil A’s legs ./Britton__Howard_SoS_decision_for_Web.pdf- ./Britton__Howard_SoS_decision_for_Web.pdf- iii. allowed Pupil A to touch his legs ./Britton__Howard_SoS_decision_for_Web.pdf- ./Britton__Howard_SoS_decision_for_Web.pdf- 2. Failed to maintain appropriate professional boundaries during June and / or July ./Britton__Howard_SoS_decision_for_Web.pdf: 2005, in that, on one or more occasion he had sexual intercourse with Pupil A ./Britton__Howard_SoS_decision_for_Web.pdf- ./Britton__Howard_SoS_decision_for_Web.pdf: 3. His actions as set out above were sexually motivated ./Britton__Howard_SoS_decision_for_Web.pdf- ./Britton__Howard_SoS_decision_for_Web.pdf-Dr Britton admits the facts of allegations 1.a., 1.b., 1.c., 1.d., 1.e.ii-iii, and 2. ./Britton__Howard_SoS_decision_for_Web.pdf- ./Britton__Howard_SoS_decision_for_Web.pdf-Dr Britton denies the facts of allegations 1.e.i and 3. ./Britton__Howard_SoS_decision_for_Web.pdf- ./Britton__Howard_SoS_decision_for_Web.pdf-Dr Britton admits that the facts admitted amount to unacceptable professional conduct ./Britton__Howard_SoS_decision_for_Web.pdf-and / or conduct that may bring the profession into disrepute. ./Britton__Howard_SoS_decision_for_Web.pdf- ./Britton__Howard_SoS_decision_for_Web.pdf- ./Britton__Howard_SoS_decision_for_Web.pdf-C. Preliminary applications -- ./Britton__Howard_SoS_decision_for_Web.pdf- ./Britton__Howard_SoS_decision_for_Web.pdf-E. Decision and reasons ./Britton__Howard_SoS_decision_for_Web.pdf-The panel announced its decision and reasons as follows: ./Britton__Howard_SoS_decision_for_Web.pdf- ./Britton__Howard_SoS_decision_for_Web.pdf-The panel has carefully considered the case before us and have reached a decision. ./Britton__Howard_SoS_decision_for_Web.pdf- ./Britton__Howard_SoS_decision_for_Web.pdf-Dr Britton was a teacher of economics at Queen Ethelburga’s Collegiate (the “school”) ./Britton__Howard_SoS_decision_for_Web.pdf-between September 2001 and August 2005. During the academic year 2004/2005 it is ./Britton__Howard_SoS_decision_for_Web.pdf-alleged that Dr Britton had inappropriate contact with Pupil A, a pupil in the sixth form. ./Britton__Howard_SoS_decision_for_Web.pdf-This contact commenced during one to one coaching sessions. It later progressed to the ./Britton__Howard_SoS_decision_for_Web.pdf:exchange of sexually explicit text messages and to a physical relationship which started ./Britton__Howard_SoS_decision_for_Web.pdf-on the day of Pupil A’s final exam at the school. ./Britton__Howard_SoS_decision_for_Web.pdf- ./Britton__Howard_SoS_decision_for_Web.pdf-Findings of fact ./Britton__Howard_SoS_decision_for_Web.pdf-Our findings of fact are as follows: ./Britton__Howard_SoS_decision_for_Web.pdf- ./Britton__Howard_SoS_decision_for_Web.pdf-The panel has found the following particulars of the allegation(s) against you proven, for ./Britton__Howard_SoS_decision_for_Web.pdf-these reasons: ./Britton__Howard_SoS_decision_for_Web.pdf- ./Britton__Howard_SoS_decision_for_Web.pdf- 1. Failed to maintain appropriate professional boundaries with Pupil A between ./Britton__Howard_SoS_decision_for_Web.pdf- January and June 2005, in that you: -- ./Britton__Howard_SoS_decision_for_Web.pdf- ./Britton__Howard_SoS_decision_for_Web.pdf-Dr Britton explained that he had not had a mobile phone for long at the time of this ./Britton__Howard_SoS_decision_for_Web.pdf-incident, and that he was more used to telephone numbers being accessible through the ./Britton__Howard_SoS_decision_for_Web.pdf-telephone directory. For this reason, at the time, he did not believe accepting Pupil A’s ./Britton__Howard_SoS_decision_for_Web.pdf-mobile number was inappropriate. ./Britton__Howard_SoS_decision_for_Web.pdf- ./Britton__Howard_SoS_decision_for_Web.pdf-Whilst the panel had regard to Dr Britton’s explanation, the panel found that Dr Britton’s ./Britton__Howard_SoS_decision_for_Web.pdf-admission was consistent with the evidence and found allegation 1.a. proven on the ./Britton__Howard_SoS_decision_for_Web.pdf-balance of probabilities. ./Britton__Howard_SoS_decision_for_Web.pdf- ./Britton__Howard_SoS_decision_for_Web.pdf: b. exchanged flirtatious and / or sexual text messages with Pupil A ./Britton__Howard_SoS_decision_for_Web.pdf- ./Britton__Howard_SoS_decision_for_Web.pdf-This allegation was admitted by Dr Britton within the statement of agreed and disputed ./Britton__Howard_SoS_decision_for_Web.pdf-facts dated 22 November 2017. ./Britton__Howard_SoS_decision_for_Web.pdf- ./Britton__Howard_SoS_decision_for_Web.pdf-The panel heard evidence from Pupil A that she initiated the flirtatious text messages ./Britton__Howard_SoS_decision_for_Web.pdf:with Dr Britton. She went on to describe the content of the sexually explicit text ./Britton__Howard_SoS_decision_for_Web.pdf-messages. ./Britton__Howard_SoS_decision_for_Web.pdf- ./Britton__Howard_SoS_decision_for_Web.pdf-Dr Britton stated in oral evidence that, on occasion, he replied to flirtatious text messages ./Britton__Howard_SoS_decision_for_Web.pdf-instigated by Pupil A with similar content. He did not believe the language Pupil A said he ./Britton__Howard_SoS_decision_for_Web.pdf-had used in the texts was language he would have used. He was unable to confirm ./Britton__Howard_SoS_decision_for_Web.pdf-definitively that he had not sent those text messages. ./Britton__Howard_SoS_decision_for_Web.pdf- ./Britton__Howard_SoS_decision_for_Web.pdf-Dr Britton went on to state that he had replied to Pupil A’s text messages with similar ./Britton__Howard_SoS_decision_for_Web.pdf:content in order to frighten her off as he believed she was pursuing a campaign of sexual ./Britton__Howard_SoS_decision_for_Web.pdf-harassment against him. Dr Britton stated he was concerned about Pupil A’s behaviour ./Britton__Howard_SoS_decision_for_Web.pdf-and that he did not have the correct training or support to stop it. ./Britton__Howard_SoS_decision_for_Web.pdf- ./Britton__Howard_SoS_decision_for_Web.pdf-The panel did not find this to be a credible response given Dr Britton’s experience in the ./Britton__Howard_SoS_decision_for_Web.pdf-teaching profession. Dr Britton went on to say that prior to teaching Pupil A, he felt he got ./Britton__Howard_SoS_decision_for_Web.pdf-attention from 10 to 15 students every year and that as a teacher, he got used to dealing ./Britton__Howard_SoS_decision_for_Web.pdf-with that behaviour. ./Britton__Howard_SoS_decision_for_Web.pdf- ./Britton__Howard_SoS_decision_for_Web.pdf-The panel found Pupil A’s evidence on the content of the messages to be credible, and ./Britton__Howard_SoS_decision_for_Web.pdf-compelling. The panel found this evidence to be consistent with Dr Britton’s admission -- ./Britton__Howard_SoS_decision_for_Web.pdf-threaten him in this way, this was simply his interpretation of the events. ./Britton__Howard_SoS_decision_for_Web.pdf- ./Britton__Howard_SoS_decision_for_Web.pdf-Dr Britton also confirmed that when she arrived at his house, he did let her in. ./Britton__Howard_SoS_decision_for_Web.pdf- ./Britton__Howard_SoS_decision_for_Web.pdf-Pupil A gave oral evidence that Dr Britton provided his home address to her by text ./Britton__Howard_SoS_decision_for_Web.pdf-message. ./Britton__Howard_SoS_decision_for_Web.pdf- ./Britton__Howard_SoS_decision_for_Web.pdf-Dr Britton gave oral evidence that he did not believe he provided his home address to ./Britton__Howard_SoS_decision_for_Web.pdf-Pupil A and that she could have obtained it some other way. The panel did not find this ./Britton__Howard_SoS_decision_for_Web.pdf-explanation to be credible in light of the confirmation from both Pupil A and Dr Britton that ./Britton__Howard_SoS_decision_for_Web.pdf:they went on to have sexual intercourse at his house on other occasions. ./Britton__Howard_SoS_decision_for_Web.pdf- ./Britton__Howard_SoS_decision_for_Web.pdf-The panel therefore found allegation 1.d. proven. ./Britton__Howard_SoS_decision_for_Web.pdf- ./Britton__Howard_SoS_decision_for_Web.pdf- e. on one or more occasion: ./Britton__Howard_SoS_decision_for_Web.pdf- ./Britton__Howard_SoS_decision_for_Web.pdf- i. held hands with Pupil A ./Britton__Howard_SoS_decision_for_Web.pdf- ./Britton__Howard_SoS_decision_for_Web.pdf-The panel had regard to Pupil A’s witness statement dated 8 September 2017 in which ./Britton__Howard_SoS_decision_for_Web.pdf-she described holding Dr Britton’s hand under a desk whilst sitting next to him during one ./Britton__Howard_SoS_decision_for_Web.pdf-to one sessions at school. -- ./Britton__Howard_SoS_decision_for_Web.pdf-Pupil A confirmed she initiated this contact during her oral evidence. ./Britton__Howard_SoS_decision_for_Web.pdf- ./Britton__Howard_SoS_decision_for_Web.pdf-The panel did not find Dr Britton’s explanation to be credible in light of the fact the contact ./Britton__Howard_SoS_decision_for_Web.pdf-took place on a number of occasions and he had the opportunity to halt the behaviour ./Britton__Howard_SoS_decision_for_Web.pdf-each time. ./Britton__Howard_SoS_decision_for_Web.pdf- ./Britton__Howard_SoS_decision_for_Web.pdf-The panel found Dr Britton’s admission consistent with the oral evidence and therefore ./Britton__Howard_SoS_decision_for_Web.pdf-found allegations 1.e.ii and 1.e.iii proven on the balance of probabilities. ./Britton__Howard_SoS_decision_for_Web.pdf- ./Britton__Howard_SoS_decision_for_Web.pdf- 2. Failed to maintain appropriate professional boundaries during June and / or ./Britton__Howard_SoS_decision_for_Web.pdf: July 2005, in that, on one or more occasion you had sexual intercourse with ./Britton__Howard_SoS_decision_for_Web.pdf- Pupil A ./Britton__Howard_SoS_decision_for_Web.pdf- ./Britton__Howard_SoS_decision_for_Web.pdf-This allegation was admitted by Dr Britton within the statement of agreed and disputed ./Britton__Howard_SoS_decision_for_Web.pdf-facts dated 22 November 2017. ./Britton__Howard_SoS_decision_for_Web.pdf- ./Britton__Howard_SoS_decision_for_Web.pdf-Pupil A confirmed in her witness statement dated 8 September 2017 that she saw Dr ./Britton__Howard_SoS_decision_for_Web.pdf:Britton three or four times at his house and that she had sexual intercourse with him each ./Britton__Howard_SoS_decision_for_Web.pdf-of those times. ./Britton__Howard_SoS_decision_for_Web.pdf- ./Britton__Howard_SoS_decision_for_Web.pdf:Dr Britton gave oral evidence confirming that he had sexual intercourse with Pupil A at ./Britton__Howard_SoS_decision_for_Web.pdf-his house. Dr Britton stated that Pupil A first came to his house on the day of her final ./Britton__Howard_SoS_decision_for_Web.pdf-exam at the school and on this occasion, they kissed. Dr Britton confirmed that on ./Britton__Howard_SoS_decision_for_Web.pdf:subsequent occasions, Pupil A visited his house and they had sexual intercourse. ./Britton__Howard_SoS_decision_for_Web.pdf- ./Britton__Howard_SoS_decision_for_Web.pdf:Pupil A and Dr Britton both confirmed that the sexual relationship occurred during ./Britton__Howard_SoS_decision_for_Web.pdf-approximately the four week period after Pupil A’s final exam at the school. ./Britton__Howard_SoS_decision_for_Web.pdf- ./Britton__Howard_SoS_decision_for_Web.pdf- 8 ./Britton__Howard_SoS_decision_for_Web.pdf- -- ./Britton__Howard_SoS_decision_for_Web.pdf-Dr Britton confirmed in oral evidence that he believed Pupil A was a former pupil at the ./Britton__Howard_SoS_decision_for_Web.pdf:time of their sexual relationship. The panel considered the evidence from the school that ./Britton__Howard_SoS_decision_for_Web.pdf-Pupil A left in June 2005 but was persuaded that there had been an escalation in the ./Britton__Howard_SoS_decision_for_Web.pdf-relationship between Pupil A and Dr Britton whilst she was still a pupil at the school. ./Britton__Howard_SoS_decision_for_Web.pdf- ./Britton__Howard_SoS_decision_for_Web.pdf-The panel found that there was a possibility that Pupil A could have returned to the ./Britton__Howard_SoS_decision_for_Web.pdf-school after her exams had concluded in order to conduct resits. In light of this, Pupil A ./Britton__Howard_SoS_decision_for_Web.pdf:could still have been considered a pupil at the time of Dr Britton’s sexual relationship with ./Britton__Howard_SoS_decision_for_Web.pdf-her. ./Britton__Howard_SoS_decision_for_Web.pdf- ./Britton__Howard_SoS_decision_for_Web.pdf-The panel found that Dr Britton’s admission was consistent with the evidence and ./Britton__Howard_SoS_decision_for_Web.pdf-therefore found allegation 2 proven on the balance of probabilities. ./Britton__Howard_SoS_decision_for_Web.pdf- ./Britton__Howard_SoS_decision_for_Web.pdf: 3. Your actions as set out above were sexually motivated ./Britton__Howard_SoS_decision_for_Web.pdf- ./Britton__Howard_SoS_decision_for_Web.pdf-The panel considered whether on the balance of probabilities reasonable persons would ./Britton__Howard_SoS_decision_for_Web.pdf:think the words and actions found proven could be sexual. The panel then considered ./Britton__Howard_SoS_decision_for_Web.pdf-whether, in all the circumstances of the conduct in the case, it was more likely than not ./Britton__Howard_SoS_decision_for_Web.pdf:that the teacher’s purpose of such words and actions was sexual. ./Britton__Howard_SoS_decision_for_Web.pdf- ./Britton__Howard_SoS_decision_for_Web.pdf:The panel considered whether, even in the absence of any direct evidence, sexual ./Britton__Howard_SoS_decision_for_Web.pdf-motivation should be inferred from all the circumstances of the case. The panel had in ./Britton__Howard_SoS_decision_for_Web.pdf-mind the evidence of the teacher’s character and considered whether such evidence had ./Britton__Howard_SoS_decision_for_Web.pdf-any bearing on the teacher’s credibility or propensity to have carried out the alleged facts ./Britton__Howard_SoS_decision_for_Web.pdf-or to the circumstances in which the teacher found himself. ./Britton__Howard_SoS_decision_for_Web.pdf- ./Britton__Howard_SoS_decision_for_Web.pdf:Dr Britton denied sexual motivation. The panel did however note that Dr Britton confirmed ./Britton__Howard_SoS_decision_for_Web.pdf-he enjoyed kissing Pupil A on the first occasion when she came to his house, ./Britton__Howard_SoS_decision_for_Web.pdf-immediately after her last exam at the school and that he had exchanged flirtatious text ./Britton__Howard_SoS_decision_for_Web.pdf-messages with her over a period of time. The panel also noted that Dr Britton admitted ./Britton__Howard_SoS_decision_for_Web.pdf:that he had sexual intercourse with Pupil A on more than one occasion. ./Britton__Howard_SoS_decision_for_Web.pdf- ./Britton__Howard_SoS_decision_for_Web.pdf-The panel also placed significant weight on Pupil A’s oral evidence that they had planned ./Britton__Howard_SoS_decision_for_Web.pdf:to have a sexual relationship after she finished her final exam. ./Britton__Howard_SoS_decision_for_Web.pdf- ./Britton__Howard_SoS_decision_for_Web.pdf-The panel could not accept Dr Britton’s evidence that the only motivation for these ./Britton__Howard_SoS_decision_for_Web.pdf-actions was to frighten Pupil A off as he felt trapped in the situation. ./Britton__Howard_SoS_decision_for_Web.pdf- ./Britton__Howard_SoS_decision_for_Web.pdf:Taking into account all of the available evidence, the panel therefore found sexual ./Britton__Howard_SoS_decision_for_Web.pdf-motivation proven on the balance of probabilities. ./Britton__Howard_SoS_decision_for_Web.pdf- ./Britton__Howard_SoS_decision_for_Web.pdf- ./Britton__Howard_SoS_decision_for_Web.pdf- ./Britton__Howard_SoS_decision_for_Web.pdf- ./Britton__Howard_SoS_decision_for_Web.pdf- 9 ./Britton__Howard_SoS_decision_for_Web.pdf- -- ./Britton__Howard_SoS_decision_for_Web.pdf-  teachers must have an understanding of, and always act within, the statutory ./Britton__Howard_SoS_decision_for_Web.pdf- frameworks which set out their professional duties and responsibilities. ./Britton__Howard_SoS_decision_for_Web.pdf- ./Britton__Howard_SoS_decision_for_Web.pdf- ./Britton__Howard_SoS_decision_for_Web.pdf- ./Britton__Howard_SoS_decision_for_Web.pdf-The panel is satisfied that the conduct of Dr Britton amounts to misconduct of a serious ./Britton__Howard_SoS_decision_for_Web.pdf-nature which fell significantly short of the standards expected of the profession. ./Britton__Howard_SoS_decision_for_Web.pdf- ./Britton__Howard_SoS_decision_for_Web.pdf-The panel has also considered whether Dr Britton’s conduct displayed behaviours ./Britton__Howard_SoS_decision_for_Web.pdf-associated with any of the offences listed on pages 8 and 9 of the Advice and the panel ./Britton__Howard_SoS_decision_for_Web.pdf:has found that the offence of sexual activity is relevant. ./Britton__Howard_SoS_decision_for_Web.pdf- ./Britton__Howard_SoS_decision_for_Web.pdf-The Advice indicates that where behaviours associated with such an offence exist, a ./Britton__Howard_SoS_decision_for_Web.pdf-panel is likely to conclude that an individual’s conduct would amount to unacceptable ./Britton__Howard_SoS_decision_for_Web.pdf-professional conduct. ./Britton__Howard_SoS_decision_for_Web.pdf- ./Britton__Howard_SoS_decision_for_Web.pdf-The panel notes that the facts of allegation 2 took place outside of the education setting. ./Britton__Howard_SoS_decision_for_Web.pdf:The panel noted Dr Britton’s evidence that Pupil A pursued him for a sexual relationship. ./Britton__Howard_SoS_decision_for_Web.pdf-The panel also had regard to Pupil A’s evidence that she did instigate parts of their ./Britton__Howard_SoS_decision_for_Web.pdf-contact, including passing on her telephone number and starting to send flirtatious text ./Britton__Howard_SoS_decision_for_Web.pdf-messages to Dr Britton. Pupil A gave evidence that she believed she was deeply in love ./Britton__Howard_SoS_decision_for_Web.pdf-with Dr Britton and that she thought they would have a future together. ./Britton__Howard_SoS_decision_for_Web.pdf- ./Britton__Howard_SoS_decision_for_Web.pdf- ./Britton__Howard_SoS_decision_for_Web.pdf- ./Britton__Howard_SoS_decision_for_Web.pdf- ./Britton__Howard_SoS_decision_for_Web.pdf- 10 ./Britton__Howard_SoS_decision_for_Web.pdf- -- ./Britton__Howard_SoS_decision_for_Web.pdf-measure, and whether it is in the public interest to do so. Prohibition orders should not be ./Britton__Howard_SoS_decision_for_Web.pdf-given in order to be punitive, or to show that blame has been apportioned, although they ./Britton__Howard_SoS_decision_for_Web.pdf-are likely to have a punitive effect. ./Britton__Howard_SoS_decision_for_Web.pdf- ./Britton__Howard_SoS_decision_for_Web.pdf-The panel has considered the particular public interest considerations set out in the ./Britton__Howard_SoS_decision_for_Web.pdf-Advice and having done so has found a number of them to be relevant in this case, ./Britton__Howard_SoS_decision_for_Web.pdf-namely the protection of pupils; the maintenance of public confidence in the profession; ./Britton__Howard_SoS_decision_for_Web.pdf-and declaring and upholding proper standards of conduct. ./Britton__Howard_SoS_decision_for_Web.pdf- ./Britton__Howard_SoS_decision_for_Web.pdf-In light of the panel’s findings against Dr Britton, which involved Dr Britton exchanging ./Britton__Howard_SoS_decision_for_Web.pdf:sexually explicit text messages with a pupil whilst he was teaching her and embarking on ./Britton__Howard_SoS_decision_for_Web.pdf:a sexual relationship with her shortly after her last exam at the school, there is a strong ./Britton__Howard_SoS_decision_for_Web.pdf-public interest consideration in protecting pupils. ./Britton__Howard_SoS_decision_for_Web.pdf- ./Britton__Howard_SoS_decision_for_Web.pdf-Similarly, the panel considers that public confidence in the profession could be seriously ./Britton__Howard_SoS_decision_for_Web.pdf-weakened if conduct such as that found against Dr Britton were not treated with the ./Britton__Howard_SoS_decision_for_Web.pdf-utmost seriousness when regulating the conduct of the profession. ./Britton__Howard_SoS_decision_for_Web.pdf- ./Britton__Howard_SoS_decision_for_Web.pdf- 11 ./Britton__Howard_SoS_decision_for_Web.pdf- -- ./Britton__Howard_SoS_decision_for_Web.pdf-Britton. The panel took further account of the Advice, which suggests that a prohibition ./Britton__Howard_SoS_decision_for_Web.pdf-order may be appropriate if certain behaviours of a teacher have been proven. In the list ./Britton__Howard_SoS_decision_for_Web.pdf-of such behaviours, those that are relevant in this case are: ./Britton__Howard_SoS_decision_for_Web.pdf- ./Britton__Howard_SoS_decision_for_Web.pdf-  serious departure from the personal and professional conduct elements of the ./Britton__Howard_SoS_decision_for_Web.pdf- Teachers’ Standards ./Britton__Howard_SoS_decision_for_Web.pdf-  misconduct seriously affecting the education and/or well-being of pupils, and ./Britton__Howard_SoS_decision_for_Web.pdf- particularly where there is a continuing risk ./Britton__Howard_SoS_decision_for_Web.pdf-  abuse of position or trust (particularly involving vulnerable pupils) or violation of the ./Britton__Howard_SoS_decision_for_Web.pdf- rights of pupils ./Britton__Howard_SoS_decision_for_Web.pdf:  sexual misconduct, eg involving actions that were sexually motivated or of a ./Britton__Howard_SoS_decision_for_Web.pdf: sexual nature and/or that use or exploit the trust, knowledge or influence derived ./Britton__Howard_SoS_decision_for_Web.pdf- from the individual’s professional position ./Britton__Howard_SoS_decision_for_Web.pdf- ./Britton__Howard_SoS_decision_for_Web.pdf- ./Britton__Howard_SoS_decision_for_Web.pdf- ./Britton__Howard_SoS_decision_for_Web.pdf-Even though there were behaviours that would point to the appropriateness of a ./Britton__Howard_SoS_decision_for_Web.pdf-prohibition order, the panel went on to consider whether or not there were sufficient ./Britton__Howard_SoS_decision_for_Web.pdf-mitigating factors to militate against the appropriateness and proportionality of the ./Britton__Howard_SoS_decision_for_Web.pdf-imposition of a prohibition order. In carrying out this exercise the panel took into account ./Britton__Howard_SoS_decision_for_Web.pdf-the nature and severity of the behaviour in this case. ./Britton__Howard_SoS_decision_for_Web.pdf- ./Britton__Howard_SoS_decision_for_Web.pdf-The panel noted that there was no evidence that the teacher’s actions were not ./Britton__Howard_SoS_decision_for_Web.pdf-deliberate. ./Britton__Howard_SoS_decision_for_Web.pdf- ./Britton__Howard_SoS_decision_for_Web.pdf-Dr Britton indicated throughout the hearing that he was acting under duress as he felt ./Britton__Howard_SoS_decision_for_Web.pdf-trapped by Pupil A’s actions. The panel did not accept this explanation as he had a ./Britton__Howard_SoS_decision_for_Web.pdf-number of opportunities to end his relationship with Pupil A. Instead, he did not end the ./Britton__Howard_SoS_decision_for_Web.pdf:relationship until he had sexual intercourse with Pupil A at his house on at least three ./Britton__Howard_SoS_decision_for_Web.pdf-occasions. ./Britton__Howard_SoS_decision_for_Web.pdf- ./Britton__Howard_SoS_decision_for_Web.pdf-The panel noted that Dr Britton did have a previously good history. ./Britton__Howard_SoS_decision_for_Web.pdf- ./Britton__Howard_SoS_decision_for_Web.pdf- ./Britton__Howard_SoS_decision_for_Web.pdf- ./Britton__Howard_SoS_decision_for_Web.pdf- ./Britton__Howard_SoS_decision_for_Web.pdf- 12 ./Britton__Howard_SoS_decision_for_Web.pdf- -- ./Britton__Howard_SoS_decision_for_Web.pdf-prohibition order should be imposed with immediate effect. ./Britton__Howard_SoS_decision_for_Web.pdf- ./Britton__Howard_SoS_decision_for_Web.pdf-The panel went on to consider whether or not it would be appropriate to decide to ./Britton__Howard_SoS_decision_for_Web.pdf-recommend that a review period of the order should be considered. The panel was ./Britton__Howard_SoS_decision_for_Web.pdf-mindful that the Advice states that a prohibition order applies for life, but there may be ./Britton__Howard_SoS_decision_for_Web.pdf-circumstances in any given case that may make it appropriate to allow a teacher to apply ./Britton__Howard_SoS_decision_for_Web.pdf-to have the prohibition order reviewed after a specified period of time that may not be ./Britton__Howard_SoS_decision_for_Web.pdf-less than 2 years. ./Britton__Howard_SoS_decision_for_Web.pdf- ./Britton__Howard_SoS_decision_for_Web.pdf-The Advice indicates that there are behaviours that, if proven, would militate against a ./Britton__Howard_SoS_decision_for_Web.pdf:review period being recommended. One of these behaviours is serious sexual ./Britton__Howard_SoS_decision_for_Web.pdf:misconduct, for example where the act was sexually motivated and resulted in or had the ./Britton__Howard_SoS_decision_for_Web.pdf-potential to result in, harm to a person or persons, particularly where the individual has ./Britton__Howard_SoS_decision_for_Web.pdf-used their professional position to influence or exploit a person or persons. The panel ./Britton__Howard_SoS_decision_for_Web.pdf:has found that Dr Britton had sexual intercourse with Pupil A on at least three occasions ./Britton__Howard_SoS_decision_for_Web.pdf:in the weeks after her final exam at the school and that he was sexually motivated in this ./Britton__Howard_SoS_decision_for_Web.pdf:regard. As such, the panel found serious sexual misconduct was behaviour that was ./Britton__Howard_SoS_decision_for_Web.pdf-present in this case. ./Britton__Howard_SoS_decision_for_Web.pdf- ./Britton__Howard_SoS_decision_for_Web.pdf-The panel heard evidence from Dr Britton that after he ended his relationship with Pupil ./Britton__Howard_SoS_decision_for_Web.pdf-A, he left the teaching profession due to his disgust with his own behaviour in having a ./Britton__Howard_SoS_decision_for_Web.pdf:sexual relationship with Pupil A. Dr Britton went on to say he had no plans to return to the ./Britton__Howard_SoS_decision_for_Web.pdf-teaching profession. ./Britton__Howard_SoS_decision_for_Web.pdf- ./Britton__Howard_SoS_decision_for_Web.pdf-Whilst the panel accepted Dr Britton does not wish to teach in the future, it also found ./Britton__Howard_SoS_decision_for_Web.pdf-that Dr Britton did not show insight into the particular dynamics of the teacher and pupil ./Britton__Howard_SoS_decision_for_Web.pdf-relationship. In particular the panel found that Dr Britton maintained that Pupil A was a ./Britton__Howard_SoS_decision_for_Web.pdf:sexually active 18 year old at the time of the sexual activity and that she had actively ./Britton__Howard_SoS_decision_for_Web.pdf-pursued him. Dr Britton failed to understand that the relationship between them was not ./Britton__Howard_SoS_decision_for_Web.pdf-one of equals and that he abused his position of trust by entering into flirtatious text ./Britton__Howard_SoS_decision_for_Web.pdf:messages with Pupil A whilst still a pupil at the school, and ultimately by having sexual ./Britton__Howard_SoS_decision_for_Web.pdf-intercourse with her shortly after her final exam at the school. ./Britton__Howard_SoS_decision_for_Web.pdf- ./Britton__Howard_SoS_decision_for_Web.pdf- 13 ./Britton__Howard_SoS_decision_for_Web.pdf- -- ./Britton__Howard_SoS_decision_for_Web.pdf- o having regard for the need to safeguard pupils’ well-being, in accordance with ./Britton__Howard_SoS_decision_for_Web.pdf- statutory provisions; ./Britton__Howard_SoS_decision_for_Web.pdf-  teachers must have an understanding of, and always act within, the statutory ./Britton__Howard_SoS_decision_for_Web.pdf- frameworks which set out their professional duties and responsibilities. ./Britton__Howard_SoS_decision_for_Web.pdf- ./Britton__Howard_SoS_decision_for_Web.pdf- ./Britton__Howard_SoS_decision_for_Web.pdf- ./Britton__Howard_SoS_decision_for_Web.pdf-The panel finds that the conduct of Mr Britton fell significantly short of the standards ./Britton__Howard_SoS_decision_for_Web.pdf-expected of the profession. ./Britton__Howard_SoS_decision_for_Web.pdf- ./Britton__Howard_SoS_decision_for_Web.pdf:The findings of misconduct are particularly serious as they include a finding of sexual ./Britton__Howard_SoS_decision_for_Web.pdf-misconduct. ./Britton__Howard_SoS_decision_for_Web.pdf- ./Britton__Howard_SoS_decision_for_Web.pdf-I have to determine whether the imposition of a prohibition order is proportionate and in ./Britton__Howard_SoS_decision_for_Web.pdf-the public interest. In considering that for this case I have considered the overall aim of a ./Britton__Howard_SoS_decision_for_Web.pdf-prohibition order which is to protect pupils and to maintain public confidence in the ./Britton__Howard_SoS_decision_for_Web.pdf-profession. I have considered the extent to which a prohibition order in this case would ./Britton__Howard_SoS_decision_for_Web.pdf- ./Britton__Howard_SoS_decision_for_Web.pdf- 14 ./Britton__Howard_SoS_decision_for_Web.pdf- -- ./Britton__Howard_SoS_decision_for_Web.pdf-achieve that aim taking into account the impact that it will have on the individual teacher. ./Britton__Howard_SoS_decision_for_Web.pdf-I have also asked myself whether or not a less intrusive measure, such as the published ./Britton__Howard_SoS_decision_for_Web.pdf-finding of unacceptable professional conduct and conduct that may bring the profession ./Britton__Howard_SoS_decision_for_Web.pdf-into disrepute, would itself be sufficient to achieve the overall aim. I have to consider ./Britton__Howard_SoS_decision_for_Web.pdf-whether the consequences of such a publication are themselves sufficient. I have ./Britton__Howard_SoS_decision_for_Web.pdf-considered therefore whether or not prohibiting Mr Britton, and the impact that will have ./Britton__Howard_SoS_decision_for_Web.pdf-on him, is proportionate. ./Britton__Howard_SoS_decision_for_Web.pdf- ./Britton__Howard_SoS_decision_for_Web.pdf-In this case I have considered the extent to which a prohibition order would protect ./Britton__Howard_SoS_decision_for_Web.pdf-children. The panel has found that in light of Dr Britton’s actions, which involved, ./Britton__Howard_SoS_decision_for_Web.pdf:“exchanging sexually explicit text messages with a pupil whilst he was teaching her and ./Britton__Howard_SoS_decision_for_Web.pdf:embarking on a sexual relationship with her shortly after her last exam at the school, ./Britton__Howard_SoS_decision_for_Web.pdf-there is a strong public interest consideration in protecting pupils.” A prohibition order ./Britton__Howard_SoS_decision_for_Web.pdf-would therefore prevent such a risk from being present. I have also taken into account ./Britton__Howard_SoS_decision_for_Web.pdf-the panel’s comments on insight and remorse which the panel sets out as follows, “Dr ./Britton__Howard_SoS_decision_for_Web.pdf-Britton did not show insight into the particular dynamics of the teacher and pupil ./Britton__Howard_SoS_decision_for_Web.pdf-relationship.” In my judgement the lack of insight means that there is some risk of the ./Britton__Howard_SoS_decision_for_Web.pdf-repetition of this behaviour and this risks future pupils’ safety. I have therefore given this ./Britton__Howard_SoS_decision_for_Web.pdf-element considerable weight in reaching my decision. ./Britton__Howard_SoS_decision_for_Web.pdf- ./Britton__Howard_SoS_decision_for_Web.pdf-I have gone on to consider the extent to which a prohibition order would maintain public ./Britton__Howard_SoS_decision_for_Web.pdf-confidence in the profession. The panel observe, “that there is a strong public interest ./Britton__Howard_SoS_decision_for_Web.pdf-consideration in declaring proper standards of conduct in the profession as the conduct ./Britton__Howard_SoS_decision_for_Web.pdf-found against Dr Britton was outside that which could reasonably be tolerated.” I am ./Britton__Howard_SoS_decision_for_Web.pdf:particularly mindful of the finding of sexual misconduct in this case and the impact that ./Britton__Howard_SoS_decision_for_Web.pdf-such a finding has on the reputation of the profession. ./Britton__Howard_SoS_decision_for_Web.pdf- ./Britton__Howard_SoS_decision_for_Web.pdf-I have had to consider that the public has a high expectation of professional standards of ./Britton__Howard_SoS_decision_for_Web.pdf-all teachers and that failure to impose a prohibition order might be regarded by the public ./Britton__Howard_SoS_decision_for_Web.pdf-as a failure to uphold those high standards. In weighing these considerations I have had ./Britton__Howard_SoS_decision_for_Web.pdf-to consider the matter from the point of view of an “ordinary intelligent and well-informed ./Britton__Howard_SoS_decision_for_Web.pdf-citizen.” ./Britton__Howard_SoS_decision_for_Web.pdf- ./Britton__Howard_SoS_decision_for_Web.pdf-I have considered whether the publication of a finding of unacceptable professional ./Britton__Howard_SoS_decision_for_Web.pdf-conduct, in the absence of a prohibition order, can itself be regarded by such a person as -- ./Britton__Howard_SoS_decision_for_Web.pdf-In this case I have placed considerable weight on the panel’s comments concerning the ./Britton__Howard_SoS_decision_for_Web.pdf-lack of insight or remorse. The panel has said Dr Britton, “Dr Britton failed to understand ./Britton__Howard_SoS_decision_for_Web.pdf-that the relationship between them was not one of equals and that he abused his position ./Britton__Howard_SoS_decision_for_Web.pdf-of trust by entering into flirtatious text messages with Pupil A whilst still a pupil at the ./Britton__Howard_SoS_decision_for_Web.pdf:school, and ultimately by having sexual intercourse with her shortly after her final exam at ./Britton__Howard_SoS_decision_for_Web.pdf-the school.” ./Britton__Howard_SoS_decision_for_Web.pdf- ./Britton__Howard_SoS_decision_for_Web.pdf-I have given less weight in my consideration of sanction therefore, to the contribution that ./Britton__Howard_SoS_decision_for_Web.pdf-Mr Britton has made to the profession. In my view it is necessary to impose a prohibition ./Britton__Howard_SoS_decision_for_Web.pdf-order in order to maintain public confidence in the profession. A published decision that is ./Britton__Howard_SoS_decision_for_Web.pdf-not backed up by remorse or insight does not in my view satisfy the public interest ./Britton__Howard_SoS_decision_for_Web.pdf-requirement concerning public confidence in the profession. ./Britton__Howard_SoS_decision_for_Web.pdf- ./Britton__Howard_SoS_decision_for_Web.pdf-For these reasons I have concluded that a prohibition order is proportionate and in the ./Britton__Howard_SoS_decision_for_Web.pdf-public interest in order to achieve the aims which a prohibition order is intended to -- ./Britton__Howard_SoS_decision_for_Web.pdf- ./Britton__Howard_SoS_decision_for_Web.pdf-I have gone on to consider the matter of a review period. In this case the panel has ./Britton__Howard_SoS_decision_for_Web.pdf-recommended no review period. ./Britton__Howard_SoS_decision_for_Web.pdf- ./Britton__Howard_SoS_decision_for_Web.pdf-I have considered the panel’s comments “that it would be proportionate in all the ./Britton__Howard_SoS_decision_for_Web.pdf-circumstances for the prohibition order to be recommended without provision for a review ./Britton__Howard_SoS_decision_for_Web.pdf-period.” ./Britton__Howard_SoS_decision_for_Web.pdf- ./Britton__Howard_SoS_decision_for_Web.pdf-I have considered whether a 2 year review period reflects the seriousness of the findings ./Britton__Howard_SoS_decision_for_Web.pdf-and is a proportionate period to achieve the aim of maintaining public confidence in the ./Britton__Howard_SoS_decision_for_Web.pdf:profession. In this case, I am of the same view as the panel. In my view the sexual ./Britton__Howard_SoS_decision_for_Web.pdf-misconduct found and the lack of insight or remorse means a two year review period is ./Britton__Howard_SoS_decision_for_Web.pdf-not sufficient to achieve the aim of maintaining public confidence in the profession. ./Britton__Howard_SoS_decision_for_Web.pdf- ./Britton__Howard_SoS_decision_for_Web.pdf-I consider therefore that no review period is required to satisfy the maintenance of public ./Britton__Howard_SoS_decision_for_Web.pdf-confidence in the profession. ./Britton__Howard_SoS_decision_for_Web.pdf- ./Britton__Howard_SoS_decision_for_Web.pdf- ./Britton__Howard_SoS_decision_for_Web.pdf- ./Britton__Howard_SoS_decision_for_Web.pdf-This means that Mr Howard Britton is prohibited from teaching indefinitely and ./Britton__Howard_SoS_decision_for_Web.pdf-cannot teach in any school, sixth form college, relevant youth accommodation or ./BrownDavidSecofStatedecisionforWeb.pdf-Teacher: Mr David Philip Brown ./BrownDavidSecofStatedecisionforWeb.pdf- ./BrownDavidSecofStatedecisionforWeb.pdf-Teacher ref number: 0220512 ./BrownDavidSecofStatedecisionforWeb.pdf- ./BrownDavidSecofStatedecisionforWeb.pdf-Teacher date of birth: 25 December 1970 ./BrownDavidSecofStatedecisionforWeb.pdf- ./BrownDavidSecofStatedecisionforWeb.pdf-NCTL case reference: 15228 ./BrownDavidSecofStatedecisionforWeb.pdf- ./BrownDavidSecofStatedecisionforWeb.pdf-Date of determination: 10 April 2017 ./BrownDavidSecofStatedecisionforWeb.pdf- ./BrownDavidSecofStatedecisionforWeb.pdf:Former employer: Worth School, Sussex ./BrownDavidSecofStatedecisionforWeb.pdf- ./BrownDavidSecofStatedecisionforWeb.pdf- ./BrownDavidSecofStatedecisionforWeb.pdf-A. Introduction ./BrownDavidSecofStatedecisionforWeb.pdf-A professional conduct panel (“the panel”) of the National College for Teaching and ./BrownDavidSecofStatedecisionforWeb.pdf-Leadership (“the National College”) convened on 10 April 2017 at Study Inn, 165/175 ./BrownDavidSecofStatedecisionforWeb.pdf-Corporation Street, Coventry CV1 1GU to consider the case of Mr David Phillip Brown. ./BrownDavidSecofStatedecisionforWeb.pdf- ./BrownDavidSecofStatedecisionforWeb.pdf-The panel members were Mr Michael Lewis (former teacher panellist – in the chair), Ms ./BrownDavidSecofStatedecisionforWeb.pdf-Margaret Simpson (teacher panellist) and Mr John Matharu (lay panellist). ./BrownDavidSecofStatedecisionforWeb.pdf- -- ./BrownDavidSecofStatedecisionforWeb.pdf- i. A message encouraging Pupil A to take drugs, ./BrownDavidSecofStatedecisionforWeb.pdf- ./BrownDavidSecofStatedecisionforWeb.pdf- ii. A message indicating that he had taken drugs, ./BrownDavidSecofStatedecisionforWeb.pdf- ./BrownDavidSecofStatedecisionforWeb.pdf- iii. A picture message of himself in the bath, ./BrownDavidSecofStatedecisionforWeb.pdf- ./BrownDavidSecofStatedecisionforWeb.pdf: iv. Messages which were of a sexual nature, ./BrownDavidSecofStatedecisionforWeb.pdf- ./BrownDavidSecofStatedecisionforWeb.pdf- b. Entered into an inappropriate relationship with Pupil A including ./BrownDavidSecofStatedecisionforWeb.pdf: engaging in sexual activity on one or more occasions; ./BrownDavidSecofStatedecisionforWeb.pdf- ./BrownDavidSecofStatedecisionforWeb.pdf- 2. His conduct as set out at paragraphs 1(a) iii and/or 1(a)(iv) and/or 1(b) above ./BrownDavidSecofStatedecisionforWeb.pdf: was sexually motivated. ./BrownDavidSecofStatedecisionforWeb.pdf- ./BrownDavidSecofStatedecisionforWeb.pdf- ./BrownDavidSecofStatedecisionforWeb.pdf-In the statement of agreed facts dated 16 February 2017, Mr Brown admitted the above ./BrownDavidSecofStatedecisionforWeb.pdf-allegations and that they amounted to unacceptable professional conduct and conduct ./BrownDavidSecofStatedecisionforWeb.pdf-which may bring the profession into disrepute. ./BrownDavidSecofStatedecisionforWeb.pdf- ./BrownDavidSecofStatedecisionforWeb.pdf- ./BrownDavidSecofStatedecisionforWeb.pdf- ./BrownDavidSecofStatedecisionforWeb.pdf- ./BrownDavidSecofStatedecisionforWeb.pdf-C. Preliminary applications -- ./BrownDavidSecofStatedecisionforWeb.pdf-of the hearing. ./BrownDavidSecofStatedecisionforWeb.pdf- ./BrownDavidSecofStatedecisionforWeb.pdf-Mr Brown had been contracted to work at Worth School (the “School”) as a peripatetic ./BrownDavidSecofStatedecisionforWeb.pdf-singing teacher from 24 September 2012. Pupil A joined the School, as a student, on 3 ./BrownDavidSecofStatedecisionforWeb.pdf-September 2013. ./BrownDavidSecofStatedecisionforWeb.pdf- ./BrownDavidSecofStatedecisionforWeb.pdf-In February 2015, Mr Brown and Pupil A began exchanging text messages and/or emails ./BrownDavidSecofStatedecisionforWeb.pdf-via social media. Later between June to December 2015, it is alleged that Mr Brown ./BrownDavidSecofStatedecisionforWeb.pdf-encouraged Pupil A to take drugs, indicated that he, himself, had taken drugs and ./BrownDavidSecofStatedecisionforWeb.pdf-additionally sent a picture message of himself in a bath, some of these text messages ./BrownDavidSecofStatedecisionforWeb.pdf:were said to be of a sexual nature. ./BrownDavidSecofStatedecisionforWeb.pdf- ./BrownDavidSecofStatedecisionforWeb.pdf:In July 2015, it is alleged Mr Brown began a sexual relationship with Pupil A. ./BrownDavidSecofStatedecisionforWeb.pdf- ./BrownDavidSecofStatedecisionforWeb.pdf- ./BrownDavidSecofStatedecisionforWeb.pdf- ./BrownDavidSecofStatedecisionforWeb.pdf- ./BrownDavidSecofStatedecisionforWeb.pdf- 6 ./BrownDavidSecofStatedecisionforWeb.pdf- -- ./BrownDavidSecofStatedecisionforWeb.pdf-10 February 2017, that he sent Pupil A the messages in the terms described in the ./BrownDavidSecofStatedecisionforWeb.pdf-allegation. Mr Brown also admitted to sending these messages in the Notice of Referral ./BrownDavidSecofStatedecisionforWeb.pdf-Form dated 13 July 2016 and in the Notice of Proceedings Form dated 16 February ./BrownDavidSecofStatedecisionforWeb.pdf-2017. ./BrownDavidSecofStatedecisionforWeb.pdf- ./BrownDavidSecofStatedecisionforWeb.pdf-The panel considered the written evidence of Parent Z who stated that she looked ./BrownDavidSecofStatedecisionforWeb.pdf-through Pupil A’s iPhone which contained messages exchanged between Mr Brown and ./BrownDavidSecofStatedecisionforWeb.pdf-Pupil A. This phone was bought by Mr Brown for Pupil A. Parent Z noted that, “The ./BrownDavidSecofStatedecisionforWeb.pdf-messages again included open references to drug use and even offering to share them ./BrownDavidSecofStatedecisionforWeb.pdf-with Pupil A”. Parent Z said “Mr Brown referenced the ‘come down’ and also the great ./BrownDavidSecofStatedecisionforWeb.pdf:effect that drugs could have during sex”. The panel also considered the ./BrownDavidSecofStatedecisionforWeb.pdf-contemporaneous text message Parent Z sent to Mr Brown on 12 December where she ./BrownDavidSecofStatedecisionforWeb.pdf-referred to his “coke” usage. Parent Z has been consistent with her account throughout, ./BrownDavidSecofStatedecisionforWeb.pdf-relaying the same information to the School during their investigation. This is further ./BrownDavidSecofStatedecisionforWeb.pdf-corroborated from the School’s notes of the meeting with Pupil A where she said that, “Mr ./BrownDavidSecofStatedecisionforWeb.pdf-Brown emphasised the good aspects of drugs if taken in a controlled environment”. ./BrownDavidSecofStatedecisionforWeb.pdf- ./BrownDavidSecofStatedecisionforWeb.pdf-The panel had regard to the School’s Staff Prudence Guidance and Code of Conduct ./BrownDavidSecofStatedecisionforWeb.pdf-which stated, “Neither non-proprietary nor non-prescribed drugs may be brought into the ./BrownDavidSecofStatedecisionforWeb.pdf-school”. The policy goes on to state, “Staff should not engage in inappropriate electronic ./BrownDavidSecofStatedecisionforWeb.pdf-communication with pupils [and] Staff should not give pupils their private number”. The -- ./BrownDavidSecofStatedecisionforWeb.pdf-found that Mr Brown was more likely than not to have sent the messages to Pupil A in the ./BrownDavidSecofStatedecisionforWeb.pdf-terms described in the allegation. Having regard to appropriate teacher/pupil relationship ./BrownDavidSecofStatedecisionforWeb.pdf-and the relevant policies, the panel concluded that Mr Brown’s actions, in encouraging ./BrownDavidSecofStatedecisionforWeb.pdf-Pupil A to take drugs and indicating that he had taken drugs, amounted to a failure to ./BrownDavidSecofStatedecisionforWeb.pdf-maintain appropriate professional standards and appropriate professional boundaries. ./BrownDavidSecofStatedecisionforWeb.pdf-Consequently, the panel find this particular of the allegation to be proven. ./BrownDavidSecofStatedecisionforWeb.pdf- ./BrownDavidSecofStatedecisionforWeb.pdf- ./BrownDavidSecofStatedecisionforWeb.pdf- iii. A picture message of himself in the bath, ./BrownDavidSecofStatedecisionforWeb.pdf- ./BrownDavidSecofStatedecisionforWeb.pdf: iv. Messages which were of a sexual nature, ./BrownDavidSecofStatedecisionforWeb.pdf- ./BrownDavidSecofStatedecisionforWeb.pdf- ./BrownDavidSecofStatedecisionforWeb.pdf-The panel noted that Mr Brown admitted, in the signed Agreed Statement of Facts dated ./BrownDavidSecofStatedecisionforWeb.pdf-10 February 2017, that he sent Pupil A the messages in the terms described in the ./BrownDavidSecofStatedecisionforWeb.pdf:allegation and that the messages were of a sexual nature. Mr Brown also admitted to ./BrownDavidSecofStatedecisionforWeb.pdf-sending such messages in the Notice of Referral Form dated 13 July 2016 and in the ./BrownDavidSecofStatedecisionforWeb.pdf-Notice of Proceedings Form dated 16 February 2017. ./BrownDavidSecofStatedecisionforWeb.pdf- ./BrownDavidSecofStatedecisionforWeb.pdf-The panel considered the written evidence of Parent Z who stated that she looked ./BrownDavidSecofStatedecisionforWeb.pdf-through Pupil A’s laptop which contained messages exchanged between Mr Brown and ./BrownDavidSecofStatedecisionforWeb.pdf-Pupil A. She noted that she found a large volume of text messages dating back to ./BrownDavidSecofStatedecisionforWeb.pdf-February 2015. These messages started off as innocuous, but “Pupil A’s tone was one of ./BrownDavidSecofStatedecisionforWeb.pdf-trust … it seemed Mr Brown was praying on her vulnerabilities”. She explained that, “the ./BrownDavidSecofStatedecisionforWeb.pdf-text messages quite quickly escalated into flirtatious chat and by the summer of 2015 Mr ./BrownDavidSecofStatedecisionforWeb.pdf-Brown had sent naked images of himself in his bath to Pupil A”. In her statement dated ./BrownDavidSecofStatedecisionforWeb.pdf-21 September 2015, Parent Z said that, ”the texts were extremely explicit and quite often ./BrownDavidSecofStatedecisionforWeb.pdf-[Mr Brown] would text her to switch to WhatsApp as it was safer”. ./BrownDavidSecofStatedecisionforWeb.pdf- ./BrownDavidSecofStatedecisionforWeb.pdf:The panel had regard to the School’s Child Protection policy which defines sexual abuse ./BrownDavidSecofStatedecisionforWeb.pdf:as, “forcing or enticing a child to take part in sexual activities … [and] may include … ./BrownDavidSecofStatedecisionforWeb.pdf:encouraging children to behave in sexually inappropriate ways”. The panel also referred ./BrownDavidSecofStatedecisionforWeb.pdf-to the School’s Staff Prudence Guidance and Code of Conduct which stated, “A member ./BrownDavidSecofStatedecisionforWeb.pdf-of staff on his/her own should not be with a pupil on their own” and “Staff should not meet ./BrownDavidSecofStatedecisionforWeb.pdf-with pupil alone off the school premises”. The policy goes onto state, “All teachers are in ./BrownDavidSecofStatedecisionforWeb.pdf- ./BrownDavidSecofStatedecisionforWeb.pdf- ./BrownDavidSecofStatedecisionforWeb.pdf- 8 ./BrownDavidSecofStatedecisionforWeb.pdf- -- ./BrownDavidSecofStatedecisionforWeb.pdf-a position of trust” and that, “Allowing any sort of dependent relationship to develop with ./BrownDavidSecofStatedecisionforWeb.pdf-a pupil is a breach of this trust”. In addition, the policy provides, “Great care should be ./BrownDavidSecofStatedecisionforWeb.pdf:taken to ensure that no romantic or sexual relationship, no matter how one-sided, is ./BrownDavidSecofStatedecisionforWeb.pdf-allowed to develop between a teacher and a pupil … it is a breach of trust … for a ./BrownDavidSecofStatedecisionforWeb.pdf:teacher to initiate a romantic or sexual relationship with a pupil after that pupil has left ./BrownDavidSecofStatedecisionforWeb.pdf-school”. ./BrownDavidSecofStatedecisionforWeb.pdf- ./BrownDavidSecofStatedecisionforWeb.pdf-The panel noted that Pupil A was a pupil attending the School. She is said to have left ./BrownDavidSecofStatedecisionforWeb.pdf-the School as a pupil in the summer term 2015, although the panel noted that Pupil A ./BrownDavidSecofStatedecisionforWeb.pdf-was re-taking one of her A-Levels in the autumn term 2015. The panel considered that ./BrownDavidSecofStatedecisionforWeb.pdf-the relationship between Mr Brown and Pupil A arose as a result of their contact at the ./BrownDavidSecofStatedecisionforWeb.pdf-School and therefore could be categorised as a pupil/teacher relationship. ./BrownDavidSecofStatedecisionforWeb.pdf- ./BrownDavidSecofStatedecisionforWeb.pdf-The panel considered all of the evidence, and on the balance of probabilities the panel ./BrownDavidSecofStatedecisionforWeb.pdf-found that Mr Brown was more likely than not to have sent the messages to Pupil A in the ./BrownDavidSecofStatedecisionforWeb.pdf-terms described in the allegation. Having regard to appropriate teacher/pupil relationship ./BrownDavidSecofStatedecisionforWeb.pdf-and the relevant policies, the panel concluded that Mr Brown’s actions amounted to a ./BrownDavidSecofStatedecisionforWeb.pdf-failure to maintain appropriate professional standards and appropriate professional ./BrownDavidSecofStatedecisionforWeb.pdf-boundaries. Consequently, the panel find this particular of the allegation to be proven. ./BrownDavidSecofStatedecisionforWeb.pdf- ./BrownDavidSecofStatedecisionforWeb.pdf- ./BrownDavidSecofStatedecisionforWeb.pdf- b. Entered into an inappropriate relationship with Pupil A including ./BrownDavidSecofStatedecisionforWeb.pdf: engaging in sexual activity on one or more occasions; ./BrownDavidSecofStatedecisionforWeb.pdf- ./BrownDavidSecofStatedecisionforWeb.pdf- ./BrownDavidSecofStatedecisionforWeb.pdf-The panel noted that Mr Brown admitted, in the signed Agreed Statement of Facts dated ./BrownDavidSecofStatedecisionforWeb.pdf-10 February 2017, that he entered into an inappropriate relationship with Pupil A which ./BrownDavidSecofStatedecisionforWeb.pdf:included engaging in sexual activity. Mr Brown also admitted to this allegation in the ./BrownDavidSecofStatedecisionforWeb.pdf-Notice of Proceedings Form dated 16 February 2017. ./BrownDavidSecofStatedecisionforWeb.pdf- ./BrownDavidSecofStatedecisionforWeb.pdf-The panel considered the written evidence of Parent Z who stated, “it was clear that a ./BrownDavidSecofStatedecisionforWeb.pdf-physical relationship had begun as there were explicit references to Pupil A and Mr ./BrownDavidSecofStatedecisionforWeb.pdf:Brown having had sex within the text messages”. In the written evidence of Individual B, ./BrownDavidSecofStatedecisionforWeb.pdf-he recalled that during his meeting with Pupil A she explained that, “in early July 2015 the ./BrownDavidSecofStatedecisionforWeb.pdf:relationship took on a sexual nature”. He noted from his meeting with Mr Brown that Mr ./BrownDavidSecofStatedecisionforWeb.pdf:Brown, “admitted that he had a sexual relationship with Pupil A but stated that it was not ./BrownDavidSecofStatedecisionforWeb.pdf-whilst she was a pupil at the School”. In the email exchange between Individual B and ./BrownDavidSecofStatedecisionforWeb.pdf-Individual C [HR Advisor] it is acknowledged that Mr Brown disputed the date upon which ./BrownDavidSecofStatedecisionforWeb.pdf:the sexual relationship began; he indicated it was after the summer term had finished and ./BrownDavidSecofStatedecisionforWeb.pdf-not at the beginning of July. ./BrownDavidSecofStatedecisionforWeb.pdf- ./BrownDavidSecofStatedecisionforWeb.pdf:The panel also noted that prior to the sexual encounter, Mr Brown provided Pupil A with ./BrownDavidSecofStatedecisionforWeb.pdf-free singing lessons, a part time job and then later, bought her an iPhone on which they ./BrownDavidSecofStatedecisionforWeb.pdf-could communicate. ./BrownDavidSecofStatedecisionforWeb.pdf- ./BrownDavidSecofStatedecisionforWeb.pdf- ./BrownDavidSecofStatedecisionforWeb.pdf- ./BrownDavidSecofStatedecisionforWeb.pdf- 9 ./BrownDavidSecofStatedecisionforWeb.pdf- -- ./BrownDavidSecofStatedecisionforWeb.pdf-The panel had regard to the School’s Child Protection policy and the School’s Staff ./BrownDavidSecofStatedecisionforWeb.pdf-Prudence Guidance and Code of Conduct, the relevant parts being outlined in allegation ./BrownDavidSecofStatedecisionforWeb.pdf-1(a). ./BrownDavidSecofStatedecisionforWeb.pdf- ./BrownDavidSecofStatedecisionforWeb.pdf:Both Pupil A and Mr Brown accepted that they engaged in sexual activity during the time ./BrownDavidSecofStatedecisionforWeb.pdf-period set out in allegation 1, albeit that they differed in their accounts of precisely when ./BrownDavidSecofStatedecisionforWeb.pdf-such activity took place. The panel considered the School’s note of their meeting with ./BrownDavidSecofStatedecisionforWeb.pdf:Pupil A, where she discussed the sexual encounter noting that she was, “very conscious ./BrownDavidSecofStatedecisionforWeb.pdf-of the end of term”. The panel therefore concluded that it was more probable than not ./BrownDavidSecofStatedecisionforWeb.pdf-that the activity occurred during the time period set out in allegation 1. In any event, the ./BrownDavidSecofStatedecisionforWeb.pdf:panel considered that the sexual activity arose from the relationship that developed from ./BrownDavidSecofStatedecisionforWeb.pdf-February 2015 and was rooted in Mr Brown’s contact with Pupil A, whilst she was a pupil. ./BrownDavidSecofStatedecisionforWeb.pdf- ./BrownDavidSecofStatedecisionforWeb.pdf-The panel considered all of the evidence, and on the balance of probabilities the panel ./BrownDavidSecofStatedecisionforWeb.pdf:found that Mr Brown was more likely than not to have engaged in sexual activity with ./BrownDavidSecofStatedecisionforWeb.pdf-Pupil A on one or more occasions, this amounting to an inappropriate relationship. The ./BrownDavidSecofStatedecisionforWeb.pdf-panel also considered that the provision of the free singing lessons and the paid part time ./BrownDavidSecofStatedecisionforWeb.pdf-job, could be seen as an attempt to foster a relationship, which the panel regard as ./BrownDavidSecofStatedecisionforWeb.pdf-inappropriate. The relationship was spawned out of the position of trust that Mr Brown ./BrownDavidSecofStatedecisionforWeb.pdf-had, and the panel considered this to be inappropriate. Having regard to appropriate ./BrownDavidSecofStatedecisionforWeb.pdf-teacher/pupil relationships and the relevant policies, the panel concluded that Mr Brown’s ./BrownDavidSecofStatedecisionforWeb.pdf-actions amounted to a failure to maintain appropriate professional standards and ./BrownDavidSecofStatedecisionforWeb.pdf-appropriate professional boundaries. Consequently, the panel find this particular of the ./BrownDavidSecofStatedecisionforWeb.pdf-allegation to be proven. ./BrownDavidSecofStatedecisionforWeb.pdf- ./BrownDavidSecofStatedecisionforWeb.pdf- ./BrownDavidSecofStatedecisionforWeb.pdf- 2. His conduct as set out at paragraphs 1(a)(iii) and/or 1(a)(iv) and/or 1(b) ./BrownDavidSecofStatedecisionforWeb.pdf: above was sexually motivated. ./BrownDavidSecofStatedecisionforWeb.pdf- ./BrownDavidSecofStatedecisionforWeb.pdf- ./BrownDavidSecofStatedecisionforWeb.pdf-As the panel found the allegations proven, the panel went on to consider the two stage ./BrownDavidSecofStatedecisionforWeb.pdf:test for sexual motivation – firstly, whether on the balance of probabilities a reasonable ./BrownDavidSecofStatedecisionforWeb.pdf:person would think the actions could be sexual and secondly whether, in all the ./BrownDavidSecofStatedecisionforWeb.pdf-circumstances of the conduct in the case, it was more likely than not that the teacher’s ./BrownDavidSecofStatedecisionforWeb.pdf:purpose in such actions was sexual. ./BrownDavidSecofStatedecisionforWeb.pdf- ./BrownDavidSecofStatedecisionforWeb.pdf-In the signed Agreed Statement of Facts dated 10 February 2017, Mr Brown accepted ./BrownDavidSecofStatedecisionforWeb.pdf:that his actions were sexually motivated. ./BrownDavidSecofStatedecisionforWeb.pdf- ./BrownDavidSecofStatedecisionforWeb.pdf-The panel noted that the facts of the allegations found to be proven against Mr Brown, ./BrownDavidSecofStatedecisionforWeb.pdf-included, but were not limited to, the following inappropriate words and actions: ./BrownDavidSecofStatedecisionforWeb.pdf- ./BrownDavidSecofStatedecisionforWeb.pdf:  sending inappropriate messages to Pupil A, some of which were of a sexual ./BrownDavidSecofStatedecisionforWeb.pdf- nature ./BrownDavidSecofStatedecisionforWeb.pdf-  sending Pupil A a picture of himself in the bath ./BrownDavidSecofStatedecisionforWeb.pdf- ./BrownDavidSecofStatedecisionforWeb.pdf- 10 ./BrownDavidSecofStatedecisionforWeb.pdf- -- ./BrownDavidSecofStatedecisionforWeb.pdf:  engaging in sexual activity with Pupil A ./BrownDavidSecofStatedecisionforWeb.pdf- ./BrownDavidSecofStatedecisionforWeb.pdf- ./BrownDavidSecofStatedecisionforWeb.pdf-Upon consideration of the evidence, the panel was satisfied that Mr Brown’s words and ./BrownDavidSecofStatedecisionforWeb.pdf:actions would be viewed by a reasonable person as sexual. In reaching its decision, the ./BrownDavidSecofStatedecisionforWeb.pdf:panel noted that the very nature of his actions (for instance engaging in sexual activity) ./BrownDavidSecofStatedecisionforWeb.pdf-and the very nature of the words (for instance sending indecent messages) would suffice ./BrownDavidSecofStatedecisionforWeb.pdf-to satisfy this element of the test. ./BrownDavidSecofStatedecisionforWeb.pdf- ./BrownDavidSecofStatedecisionforWeb.pdf-Turning to the second limb, whether in all the circumstances of the conduct of the case, ./BrownDavidSecofStatedecisionforWeb.pdf:the purpose of such actions was sexual on Mr Brown’s part, the panel was satisfied, in ./BrownDavidSecofStatedecisionforWeb.pdf-the absence of any reasonable explanation and as a result of the proven facts, that Mr ./BrownDavidSecofStatedecisionforWeb.pdf:Brown’s intention behind these actions was for sexual gratification. Therefore, the panel ./BrownDavidSecofStatedecisionforWeb.pdf-found this allegation to be proven. ./BrownDavidSecofStatedecisionforWeb.pdf- ./BrownDavidSecofStatedecisionforWeb.pdf- ./BrownDavidSecofStatedecisionforWeb.pdf- ./BrownDavidSecofStatedecisionforWeb.pdf-Findings as to unacceptable professional conduct and/or conduct that ./BrownDavidSecofStatedecisionforWeb.pdf-may bring the profession into disrepute ./BrownDavidSecofStatedecisionforWeb.pdf-Having found all of the allegations to have been proven, the panel has gone on to ./BrownDavidSecofStatedecisionforWeb.pdf-consider whether the facts of those proven allegations amount to unacceptable ./BrownDavidSecofStatedecisionforWeb.pdf-professional conduct and/or conduct that may bring the profession into disrepute. ./BrownDavidSecofStatedecisionforWeb.pdf- -- ./BrownDavidSecofStatedecisionforWeb.pdf-  teachers must have an understanding of, and always act within, the statutory ./BrownDavidSecofStatedecisionforWeb.pdf- frameworks which set out their professional duties and responsibilities ./BrownDavidSecofStatedecisionforWeb.pdf- ./BrownDavidSecofStatedecisionforWeb.pdf- ./BrownDavidSecofStatedecisionforWeb.pdf-The panel is satisfied that the conduct of Mr Brown, which involved sending inappropriate ./BrownDavidSecofStatedecisionforWeb.pdf-messages to a pupil which included encouraging her to take drugs and messages of a ./BrownDavidSecofStatedecisionforWeb.pdf:sexual nature, and engaging in sexual activity with the pupil, fell significantly short of the ./BrownDavidSecofStatedecisionforWeb.pdf-standards expected of the profession. The panel considered the relationship between Mr ./BrownDavidSecofStatedecisionforWeb.pdf-Brown and Pupil A was borne out of the position of trust in that Mr Brown was a teacher ./BrownDavidSecofStatedecisionforWeb.pdf-at Pupil A’s school; the panel took the view that this position of trust continued even when ./BrownDavidSecofStatedecisionforWeb.pdf-Pupil A became a “Gap Year Student” at the School. ./BrownDavidSecofStatedecisionforWeb.pdf- ./BrownDavidSecofStatedecisionforWeb.pdf-The panel has also considered whether Mr Brown’s conduct mirrored behaviours ./BrownDavidSecofStatedecisionforWeb.pdf-associated with any of the offences listed on pages 8 and 9 of the Advice and the panel ./BrownDavidSecofStatedecisionforWeb.pdf:has found that the offence of sexual activity is relevant. The Advice indicates that where ./BrownDavidSecofStatedecisionforWeb.pdf-behaviours associated with such an offence exist, a panel is likely to conclude that an ./BrownDavidSecofStatedecisionforWeb.pdf-individual’s conduct would amount to unacceptable professional conduct. ./BrownDavidSecofStatedecisionforWeb.pdf- ./BrownDavidSecofStatedecisionforWeb.pdf-The panel noted that the allegations took place outside of the education setting and in ./BrownDavidSecofStatedecisionforWeb.pdf-such circumstances misconduct will only amount to unacceptable professional conduct if ./BrownDavidSecofStatedecisionforWeb.pdf-it affects the way the person fulfils their teaching role or may lead to pupils being exposed ./BrownDavidSecofStatedecisionforWeb.pdf-to or influenced by the behaviour in a harmful way. The panel noted that the facts ./BrownDavidSecofStatedecisionforWeb.pdf-surrounding the allegations were not said to have impacted the manner in which Mr ./BrownDavidSecofStatedecisionforWeb.pdf-Brown fulfilled his role as a teacher. However, there is clear evidence from the underlying ./BrownDavidSecofStatedecisionforWeb.pdf-facts that Mr Brown’s conduct did lead to the pupil being exposed to or influenced by his ./BrownDavidSecofStatedecisionforWeb.pdf-behaviour in a harmful way; for instance, he accepted sending messages encouraging ./BrownDavidSecofStatedecisionforWeb.pdf-Pupil A to take drugs, which had the potential to affect her judgment. Furthermore, he ./BrownDavidSecofStatedecisionforWeb.pdf:engaged in sexual activity with the pupil. ./BrownDavidSecofStatedecisionforWeb.pdf- ./BrownDavidSecofStatedecisionforWeb.pdf-Accordingly, the panel is satisfied that Mr Brown is guilty of unacceptable professional ./BrownDavidSecofStatedecisionforWeb.pdf-conduct. ./BrownDavidSecofStatedecisionforWeb.pdf- ./BrownDavidSecofStatedecisionforWeb.pdf-The panel has taken into account how the teaching profession is viewed by others and ./BrownDavidSecofStatedecisionforWeb.pdf-considered the influence that teachers may have on pupils, parents and others in the ./BrownDavidSecofStatedecisionforWeb.pdf-community. The panel has taken account of the uniquely influential role that teachers can ./BrownDavidSecofStatedecisionforWeb.pdf-hold in pupils’ lives and that pupils must be able to view teachers as role models in the ./BrownDavidSecofStatedecisionforWeb.pdf-way they behave. ./BrownDavidSecofStatedecisionforWeb.pdf- -- ./BrownDavidSecofStatedecisionforWeb.pdf-are likely to have punitive effect. ./BrownDavidSecofStatedecisionforWeb.pdf- ./BrownDavidSecofStatedecisionforWeb.pdf-The panel has considered the particular public interest considerations set out in the ./BrownDavidSecofStatedecisionforWeb.pdf-Advice and having done so has found a number of them to be relevant in this case, ./BrownDavidSecofStatedecisionforWeb.pdf-namely the protection of pupils, the protection of other members of the public, the ./BrownDavidSecofStatedecisionforWeb.pdf-maintenance of public confidence in the profession and declaring and upholding proper ./BrownDavidSecofStatedecisionforWeb.pdf-standards of conduct. ./BrownDavidSecofStatedecisionforWeb.pdf- ./BrownDavidSecofStatedecisionforWeb.pdf-In light of the panel’s findings against Mr Brown, which involved sending inappropriate ./BrownDavidSecofStatedecisionforWeb.pdf-messages to a pupil which included encouraging her to take drugs and messages of a ./BrownDavidSecofStatedecisionforWeb.pdf:sexual nature, and engaging in sexual activity with the pupil, there is a strong public ./BrownDavidSecofStatedecisionforWeb.pdf-interest consideration in respect of the protection of pupils given the serious findings of ./BrownDavidSecofStatedecisionforWeb.pdf-inappropriate relationships with Pupil A. ./BrownDavidSecofStatedecisionforWeb.pdf- ./BrownDavidSecofStatedecisionforWeb.pdf-Similarly, the panel considered that public confidence in the profession could be seriously ./BrownDavidSecofStatedecisionforWeb.pdf-weakened if conduct such as that found against Mr Brown were not treated with the ./BrownDavidSecofStatedecisionforWeb.pdf-utmost seriousness when regulating the conduct of the profession. ./BrownDavidSecofStatedecisionforWeb.pdf- ./BrownDavidSecofStatedecisionforWeb.pdf-The panel considered that a strong public interest consideration in declaring proper ./BrownDavidSecofStatedecisionforWeb.pdf-standards of conduct in the profession was also present as the conduct found against Mr ./BrownDavidSecofStatedecisionforWeb.pdf-Brown was outside that which could reasonably be tolerated. -- ./BrownDavidSecofStatedecisionforWeb.pdf-The panel found that Mr Brown’s conduct involved serious departures from the personal ./BrownDavidSecofStatedecisionforWeb.pdf-and professional conduct elements of the Teachers’ Standards, as the panel has already ./BrownDavidSecofStatedecisionforWeb.pdf-detailed above. ./BrownDavidSecofStatedecisionforWeb.pdf- ./BrownDavidSecofStatedecisionforWeb.pdf- ./BrownDavidSecofStatedecisionforWeb.pdf-  misconduct seriously affecting the education and/or well-being of pupils, and ./BrownDavidSecofStatedecisionforWeb.pdf- particularly where there is a continuing risk ./BrownDavidSecofStatedecisionforWeb.pdf- ./BrownDavidSecofStatedecisionforWeb.pdf- ./BrownDavidSecofStatedecisionforWeb.pdf-The panel found that the misconduct did affect the well-being of Pupil A, as ultimately Mr ./BrownDavidSecofStatedecisionforWeb.pdf:Brown engaged in sexual activity with Pupil A. Given the lack of insight and remorse ./BrownDavidSecofStatedecisionforWeb.pdf-shown by Mr Brown, the panel considered that there was a continuing risk. ./BrownDavidSecofStatedecisionforWeb.pdf- ./BrownDavidSecofStatedecisionforWeb.pdf- ./BrownDavidSecofStatedecisionforWeb.pdf-  abuse of position or trust (particularly involving vulnerable pupils) or violation of the ./BrownDavidSecofStatedecisionforWeb.pdf- rights of pupils ./BrownDavidSecofStatedecisionforWeb.pdf- ./BrownDavidSecofStatedecisionforWeb.pdf- ./BrownDavidSecofStatedecisionforWeb.pdf-The panel considered that Mr Brown’s conduct, in relation to the proven allegations, ./BrownDavidSecofStatedecisionforWeb.pdf-involved an abuse of his position and trust. His conduct involved a violation of the right of ./BrownDavidSecofStatedecisionforWeb.pdf-Pupil A to be safeguarded in her position as a pupil. ./BrownDavidSecofStatedecisionforWeb.pdf- ./BrownDavidSecofStatedecisionforWeb.pdf- ./BrownDavidSecofStatedecisionforWeb.pdf:  sexual misconduct, e.g. involving actions that were sexually motivated or of a ./BrownDavidSecofStatedecisionforWeb.pdf: sexual nature and/or that use or exploit the trust, knowledge or influence derived ./BrownDavidSecofStatedecisionforWeb.pdf- from the individual’s professional position. ./BrownDavidSecofStatedecisionforWeb.pdf- ./BrownDavidSecofStatedecisionforWeb.pdf- ./BrownDavidSecofStatedecisionforWeb.pdf:The panel found allegation 2 proven, noting that Mr Brown’s actions were sexually ./BrownDavidSecofStatedecisionforWeb.pdf-motivated. He exploited the trust he gained in his position as a teacher in order to engage ./BrownDavidSecofStatedecisionforWeb.pdf:in sexual activity with Pupil A. ./BrownDavidSecofStatedecisionforWeb.pdf- ./BrownDavidSecofStatedecisionforWeb.pdf-Even though there were behaviours that would point to a prohibition order being ./BrownDavidSecofStatedecisionforWeb.pdf-appropriate, the panel went on to consider whether or not there were sufficient mitigating ./BrownDavidSecofStatedecisionforWeb.pdf-factors to militate against a prohibition order being an appropriate and proportionate ./BrownDavidSecofStatedecisionforWeb.pdf-measure to impose, particularly taking into account the nature and severity of the ./BrownDavidSecofStatedecisionforWeb.pdf-behaviour in this case. ./BrownDavidSecofStatedecisionforWeb.pdf- ./BrownDavidSecofStatedecisionforWeb.pdf-Given the nature of the behaviour, the panel held that Mr Brown’s actions were deliberate ./BrownDavidSecofStatedecisionforWeb.pdf-and it had seen no evidence to suggest that he was acting under duress. The panel ./BrownDavidSecofStatedecisionforWeb.pdf-noted that, as far as they are aware, in his role as a teacher, Mr Brown had not been -- ./BrownDavidSecofStatedecisionforWeb.pdf-The panel is of the view that applying the standard of the ordinary intelligent citizen ./BrownDavidSecofStatedecisionforWeb.pdf-recommending no prohibition order is not a proportionate and appropriate response. ./BrownDavidSecofStatedecisionforWeb.pdf-Recommending that publication of adverse findings is sufficient in the case would ./BrownDavidSecofStatedecisionforWeb.pdf-unacceptably compromise the public interest considerations present in this case, despite ./BrownDavidSecofStatedecisionforWeb.pdf-the severity of consequences for the teacher of prohibition. ./BrownDavidSecofStatedecisionforWeb.pdf- ./BrownDavidSecofStatedecisionforWeb.pdf-The panel is of the view that prohibition is both proportionate and appropriate. The panel ./BrownDavidSecofStatedecisionforWeb.pdf-has decided that the public interest considerations outweigh the interests of Mr Brown. ./BrownDavidSecofStatedecisionforWeb.pdf:The nature of the text messages, resulting in Mr Brown engaging in sexual activity with ./BrownDavidSecofStatedecisionforWeb.pdf-Pupil A, coupled with the lack of insight were significant factors in forming that opinion. ./BrownDavidSecofStatedecisionforWeb.pdf-Accordingly, the panel makes a recommendation to the Secretary of State that a ./BrownDavidSecofStatedecisionforWeb.pdf-prohibition order should be imposed with immediate effect. ./BrownDavidSecofStatedecisionforWeb.pdf- ./BrownDavidSecofStatedecisionforWeb.pdf-The panel went on to consider whether or not it would be appropriate to decide to ./BrownDavidSecofStatedecisionforWeb.pdf-recommend that a review period of the order should be considered. The panel was ./BrownDavidSecofStatedecisionforWeb.pdf-mindful that the Advice indicates that a prohibition order applies for life, but there may be ./BrownDavidSecofStatedecisionforWeb.pdf-circumstances in any given case that may make it appropriate to allow a teacher to apply ./BrownDavidSecofStatedecisionforWeb.pdf-to have the prohibition order reviewed after a specified period of time that may not be ./BrownDavidSecofStatedecisionforWeb.pdf-less than 2 years. ./BrownDavidSecofStatedecisionforWeb.pdf- ./BrownDavidSecofStatedecisionforWeb.pdf-The Advice states that there are behaviours that, if proven, would militate against a ./BrownDavidSecofStatedecisionforWeb.pdf-review period being recommended. These behaviours include class A drug abuse or ./BrownDavidSecofStatedecisionforWeb.pdf:supply and serious sexual misconduct, e.g. where the act was sexually motivated and ./BrownDavidSecofStatedecisionforWeb.pdf-resulted in or had the potential to result in, harm to a person or persons, particularly ./BrownDavidSecofStatedecisionforWeb.pdf-where the individual has used their professional position to influence or exploit a person ./BrownDavidSecofStatedecisionforWeb.pdf-or persons. ./BrownDavidSecofStatedecisionforWeb.pdf- ./BrownDavidSecofStatedecisionforWeb.pdf-The panel has found that Mr Brown abused his position as a teacher, and the trust built ./BrownDavidSecofStatedecisionforWeb.pdf-up with the pupil to behave in an inappropriate manner, resulting in him engaging in ./BrownDavidSecofStatedecisionforWeb.pdf:sexual activity with Pupil A, persistently sending sexualised messages to the pupil, and ./BrownDavidSecofStatedecisionforWeb.pdf-encouraging her to take drugs. The panel do not consider that Mr Brown has shown ./BrownDavidSecofStatedecisionforWeb.pdf-sufficient insight or remorse for his actions or the impact they have had upon the ./BrownDavidSecofStatedecisionforWeb.pdf-individuals involved. The panel felt the findings indicated a situation in which a review ./BrownDavidSecofStatedecisionforWeb.pdf-period would not be appropriate and as such decided that it would be proportionate in all ./BrownDavidSecofStatedecisionforWeb.pdf-the circumstances for the prohibition order to be recommended without provision for a ./BrownDavidSecofStatedecisionforWeb.pdf-review period. ./BrownDavidSecofStatedecisionforWeb.pdf- ./BrownDavidSecofStatedecisionforWeb.pdf- ./BrownDavidSecofStatedecisionforWeb.pdf-Decision and reasons on behalf of the Secretary of State ./BrownDavidSecofStatedecisionforWeb.pdf-I have given very careful consideration to this case and to the recommendation of the -- ./BrownDavidSecofStatedecisionforWeb.pdf- o ensuring that personal beliefs are not expressed in ways which exploit pupils’ ./BrownDavidSecofStatedecisionforWeb.pdf- vulnerability or might lead them to break the law ./BrownDavidSecofStatedecisionforWeb.pdf-  teachers must have proper and professional regard for the ethos, policies and ./BrownDavidSecofStatedecisionforWeb.pdf- practices of the school in which they teach, and maintain high standards … ./BrownDavidSecofStatedecisionforWeb.pdf-  teachers must have an understanding of, and always act within, the statutory ./BrownDavidSecofStatedecisionforWeb.pdf- frameworks which set out their professional duties and responsibilities ./BrownDavidSecofStatedecisionforWeb.pdf- ./BrownDavidSecofStatedecisionforWeb.pdf- ./BrownDavidSecofStatedecisionforWeb.pdf-The panel has set out that it is satisfied that the conduct of Mr Brown, which involved ./BrownDavidSecofStatedecisionforWeb.pdf-sending inappropriate messages to a pupil which included encouraging her to take drugs ./BrownDavidSecofStatedecisionforWeb.pdf:and messages of a sexual nature, and engaging in sexual activity with the pupil, fell ./BrownDavidSecofStatedecisionforWeb.pdf-significantly short of the standards expected of the profession. The panel also considered ./BrownDavidSecofStatedecisionforWeb.pdf-the relationship between Mr Brown and Pupil A was borne out of the position of trust in ./BrownDavidSecofStatedecisionforWeb.pdf-that Mr Brown was a teacher at Pupil A’s school; the panel took the view that this position ./BrownDavidSecofStatedecisionforWeb.pdf-of trust continued even when Pupil A became a “Gap Year Student” at the School. ./BrownDavidSecofStatedecisionforWeb.pdf- ./BrownDavidSecofStatedecisionforWeb.pdf-The panel has also set out its consideration of Mr Brown’s conduct in terms of the ./BrownDavidSecofStatedecisionforWeb.pdf-behaviours associated with the offences listed on pages 8 and 9 of the Advice. The panel ./BrownDavidSecofStatedecisionforWeb.pdf:has found that the offence of sexual activity is relevant. The Advice indicates that where ./BrownDavidSecofStatedecisionforWeb.pdf-behaviours associated with such an offence exist, a panel is likely to conclude that an ./BrownDavidSecofStatedecisionforWeb.pdf-individual’s conduct would amount to unacceptable professional conduct. ./BrownDavidSecofStatedecisionforWeb.pdf- ./BrownDavidSecofStatedecisionforWeb.pdf-The panel has noted that the allegations took place outside of the education setting and ./BrownDavidSecofStatedecisionforWeb.pdf-in such circumstances misconduct will only amount to unacceptable professional conduct ./BrownDavidSecofStatedecisionforWeb.pdf-if it affects the way the person fulfils their teaching role or may lead to pupils being ./BrownDavidSecofStatedecisionforWeb.pdf-exposed to or influenced by the behaviour in a harmful way. The panel noted that the ./BrownDavidSecofStatedecisionforWeb.pdf-facts surrounding the allegations were not said to have impacted the manner in which Mr ./BrownDavidSecofStatedecisionforWeb.pdf-Brown fulfilled his role as a teacher. However, there is clear evidence from the underlying ./BrownDavidSecofStatedecisionforWeb.pdf-facts that Mr Brown’s conduct did lead to the pupil being exposed to or influenced by his -- ./BrownDavidSecofStatedecisionforWeb.pdf-behaviour in a harmful way; for instance, he accepted sending messages encouraging ./BrownDavidSecofStatedecisionforWeb.pdf-Pupil A to take drugs, which had the potential to affect her judgment. Furthermore, he ./BrownDavidSecofStatedecisionforWeb.pdf:engaged in sexual activity with the pupil. ./BrownDavidSecofStatedecisionforWeb.pdf- ./BrownDavidSecofStatedecisionforWeb.pdf-I have to determine whether the imposition of a prohibition order is proportionate and in ./BrownDavidSecofStatedecisionforWeb.pdf-the public interest. In considering that for this case, I have considered the overall aim of a ./BrownDavidSecofStatedecisionforWeb.pdf-prohibition order which is to protect pupils and to maintain public confidence in the ./BrownDavidSecofStatedecisionforWeb.pdf-profession. I have considered the extent to which a prohibition order in this case would ./BrownDavidSecofStatedecisionforWeb.pdf-achieve that aim, taking into account the impact that it will have on the individual teacher. ./BrownDavidSecofStatedecisionforWeb.pdf-I have also asked myself whether or not a less intrusive measure, such as the published ./BrownDavidSecofStatedecisionforWeb.pdf-finding of unacceptable professional conduct and conduct that may bring the profession ./BrownDavidSecofStatedecisionforWeb.pdf-into disrepute, would itself be sufficient to achieve the overall aim. I have to consider ./BrownDavidSecofStatedecisionforWeb.pdf-whether the consequences of such a publication are themselves sufficient. I have ./BrownDavidSecofStatedecisionforWeb.pdf-considered therefore whether or not prohibiting Mr Brown, and the impact that will have ./BrownDavidSecofStatedecisionforWeb.pdf-on him, is proportionate. ./BrownDavidSecofStatedecisionforWeb.pdf- ./BrownDavidSecofStatedecisionforWeb.pdf-In this case I have considered the extent to which a prohibition order would protect ./BrownDavidSecofStatedecisionforWeb.pdf-children. The panel has observed “the misconduct did affect the well-being of Pupil A, as ./BrownDavidSecofStatedecisionforWeb.pdf:ultimately Mr Brown engaged in sexual activity with Pupil A. Given the lack of insight and ./BrownDavidSecofStatedecisionforWeb.pdf-remorse shown by Mr Brown, the panel considered that there was a continuing risk.” ./BrownDavidSecofStatedecisionforWeb.pdf- ./BrownDavidSecofStatedecisionforWeb.pdf- A prohibition order would therefore prevent such a risk from being present. I have also ./BrownDavidSecofStatedecisionforWeb.pdf-taken into account the panel’s comments as follows, “Mr Brown’s conduct, in relation to ./BrownDavidSecofStatedecisionforWeb.pdf-the proven allegations, involved an abuse of his position and trust. His conduct involved a ./BrownDavidSecofStatedecisionforWeb.pdf-violation of the right of Pupil A to be safeguarded in her position as a pupil.” In my ./BrownDavidSecofStatedecisionforWeb.pdf:judgement, the nature of the behaviour which was sexual and the lack of insight means ./BrownDavidSecofStatedecisionforWeb.pdf-that there is a significant risk of the repetition of this behaviour and this risks future pupils’ ./BrownDavidSecofStatedecisionforWeb.pdf-welfare and well-being. I have therefore given this element considerable weight in ./BrownDavidSecofStatedecisionforWeb.pdf-reaching my decision. ./BrownDavidSecofStatedecisionforWeb.pdf- ./BrownDavidSecofStatedecisionforWeb.pdf-I have gone on to consider the extent to which a prohibition order would maintain public ./BrownDavidSecofStatedecisionforWeb.pdf-confidence in the profession. The panel observe, “public confidence in the profession ./BrownDavidSecofStatedecisionforWeb.pdf-could be seriously weakened if conduct such as that found against Mr Brown were not ./BrownDavidSecofStatedecisionforWeb.pdf-treated with the utmost seriousness when regulating the conduct of the profession.” I am ./BrownDavidSecofStatedecisionforWeb.pdf:particularly mindful of the finding of sexual misconduct in this case. The panel says that ./BrownDavidSecofStatedecisionforWeb.pdf-Mr Brown “exploited the trust he gained in his position as a teacher in order to engage in ./BrownDavidSecofStatedecisionforWeb.pdf:sexual activity with Pupil A.” I have therefore given this element considerable weight in ./BrownDavidSecofStatedecisionforWeb.pdf-my determination of this case. ./BrownDavidSecofStatedecisionforWeb.pdf- ./BrownDavidSecofStatedecisionforWeb.pdf-I consider that the public has a high expectation of professional standards of all teachers ./BrownDavidSecofStatedecisionforWeb.pdf-and that failure to impose a prohibition order might be regarded by the public as a failure ./BrownDavidSecofStatedecisionforWeb.pdf-to uphold those high standards. In weighing these considerations I have had to consider ./BrownDavidSecofStatedecisionforWeb.pdf-the matter from the point of view of an “ordinary, intelligent and well-informed citizen.” ./BrownDavidSecofStatedecisionforWeb.pdf- ./BrownDavidSecofStatedecisionforWeb.pdf- ./BrownDavidSecofStatedecisionforWeb.pdf- ./BrownDavidSecofStatedecisionforWeb.pdf- -- ./BrownDavidSecofStatedecisionforWeb.pdf-I have considered whether the publication of a finding of unacceptable professional ./BrownDavidSecofStatedecisionforWeb.pdf-conduct, in the absence of a prohibition order, can itself be regarded by such a person as ./BrownDavidSecofStatedecisionforWeb.pdf-being a proportionate response to the misconduct that has been found proven in this ./BrownDavidSecofStatedecisionforWeb.pdf:case. In my judgement for a case involving sexual misconduct of this nature publication ./BrownDavidSecofStatedecisionforWeb.pdf-alone is not sufficient. ./BrownDavidSecofStatedecisionforWeb.pdf- ./BrownDavidSecofStatedecisionforWeb.pdf-I have also considered the impact of a prohibition order on Mr Brown himself. The panel ./BrownDavidSecofStatedecisionforWeb.pdf-reports that there is no evidence of previous misconduct. The panel also notes “Mr Brown ./BrownDavidSecofStatedecisionforWeb.pdf-is said to have been an excellent teacher, although no evidence has been put before it to ./BrownDavidSecofStatedecisionforWeb.pdf-attest to this.” ./BrownDavidSecofStatedecisionforWeb.pdf- ./BrownDavidSecofStatedecisionforWeb.pdf-A prohibition order would prevent Mr Brown from continuing to practice as a teacher. ./BrownDavidSecofStatedecisionforWeb.pdf- ./BrownDavidSecofStatedecisionforWeb.pdf-In this case I have placed considerable weight on the panel’s comments concerning the ./BrownDavidSecofStatedecisionforWeb.pdf-lack of insight or remorse. The panel has said, “Mr Brown abused his position as a ./BrownDavidSecofStatedecisionforWeb.pdf-teacher, and the trust built up with the pupil to behave in an inappropriate manner, ./BrownDavidSecofStatedecisionforWeb.pdf:resulting in him engaging in sexual activity with Pupil A, persistently sending sexualised ./BrownDavidSecofStatedecisionforWeb.pdf-messages to the pupil, and encouraging her to take drugs.” ./BrownDavidSecofStatedecisionforWeb.pdf- ./BrownDavidSecofStatedecisionforWeb.pdf-I have also placed considerable weight on the finding of the panel in that respect. ./BrownDavidSecofStatedecisionforWeb.pdf- ./BrownDavidSecofStatedecisionforWeb.pdf-I have also taken note of the published advice from the Secretary of State that sets out ./BrownDavidSecofStatedecisionforWeb.pdf-that these behaviours are to be treated with the utmost seriousness. ./BrownDavidSecofStatedecisionforWeb.pdf- ./BrownDavidSecofStatedecisionforWeb.pdf-In my view, it is necessary to impose a prohibition order in order to maintain public ./BrownDavidSecofStatedecisionforWeb.pdf-confidence in the profession and to protect children. I concluded that a prohibition order ./BrownDavidSecofStatedecisionforWeb.pdf-is proportionate and in the public interest in order to achieve the aims which a prohibition ./Browne__Michael_14381_-_WEB_Decision.pdf- ./Browne__Michael_14381_-_WEB_Decision.pdf- ix. telling her "fuck my career, I want to marry you". ./Browne__Michael_14381_-_WEB_Decision.pdf- ./Browne__Michael_14381_-_WEB_Decision.pdf- d. exchanging text messages with her using his personal mobile phone; ./Browne__Michael_14381_-_WEB_Decision.pdf- ./Browne__Michael_14381_-_WEB_Decision.pdf- e. speaking to her using his personal mobile phone; ./Browne__Michael_14381_-_WEB_Decision.pdf- ./Browne__Michael_14381_-_WEB_Decision.pdf- f. instructing her to delete her communications with him on or around 7 May ./Browne__Michael_14381_-_WEB_Decision.pdf- 2015. ./Browne__Michael_14381_-_WEB_Decision.pdf- ./Browne__Michael_14381_-_WEB_Decision.pdf:2. In doing 1.c. above, his conduct was sexually motivated. ./Browne__Michael_14381_-_WEB_Decision.pdf- ./Browne__Michael_14381_-_WEB_Decision.pdf- Mr Browne admitted the facts alleged in 1 a to f and admitted that his conduct amounted ./Browne__Michael_14381_-_WEB_Decision.pdf-to unacceptable professional conduct and conduct that may bring the profession into ./Browne__Michael_14381_-_WEB_Decision.pdf-disrepute. Mr Brown denied allegation 2. ./Browne__Michael_14381_-_WEB_Decision.pdf- ./Browne__Michael_14381_-_WEB_Decision.pdf- ./Browne__Michael_14381_-_WEB_Decision.pdf-C. Preliminary applications ./Browne__Michael_14381_-_WEB_Decision.pdf-Application to admit additional document ./Browne__Michael_14381_-_WEB_Decision.pdf- ./Browne__Michael_14381_-_WEB_Decision.pdf-The presenting officer made an application to admit an additional document consisting of -- ./Browne__Michael_14381_-_WEB_Decision.pdf- ./Browne__Michael_14381_-_WEB_Decision.pdf- e. speaking to her using your personal mobile phone; ./Browne__Michael_14381_-_WEB_Decision.pdf- ./Browne__Michael_14381_-_WEB_Decision.pdf- f. instructing her to delete her communications with you on or around 7 ./Browne__Michael_14381_-_WEB_Decision.pdf- May 2015. ./Browne__Michael_14381_-_WEB_Decision.pdf- ./Browne__Michael_14381_-_WEB_Decision.pdf-Mr Browne has admitted the facts alleged in 1 a to f and has signed a statement of ./Browne__Michael_14381_-_WEB_Decision.pdf-agreed facts to that effect. The panel finds the facts of 1 a to f proved based on Mr ./Browne__Michael_14381_-_WEB_Decision.pdf-Browne's admissions and the content of the agreed statement of facts. ./Browne__Michael_14381_-_WEB_Decision.pdf- ./Browne__Michael_14381_-_WEB_Decision.pdf:2. In doing 1.c. above, your conduct was sexually motivated. ./Browne__Michael_14381_-_WEB_Decision.pdf- ./Browne__Michael_14381_-_WEB_Decision.pdf:Mr Brown has admitted that his email messages included sexual language and ./Browne__Michael_14381_-_WEB_Decision.pdf:conversations of a sexual nature. However, Mr Browne has denied that his conduct was ./Browne__Michael_14381_-_WEB_Decision.pdf:sexually motivated. The panel accepted the legal advice that, in order to find this ./Browne__Michael_14381_-_WEB_Decision.pdf-allegation proved, the National College must establish that it is more likely than not that ./Browne__Michael_14381_-_WEB_Decision.pdf-Mr Browne's conduct in sending some of the emails was for a purpose which included ./Browne__Michael_14381_-_WEB_Decision.pdf:some form of sexual gratification. ./Browne__Michael_14381_-_WEB_Decision.pdf- ./Browne__Michael_14381_-_WEB_Decision.pdf-The panel accepted Mr Browne's explanation that there was no plan or intention on his ./Browne__Michael_14381_-_WEB_Decision.pdf-part to engage in a physical relationship with Student A and the National College has not ./Browne__Michael_14381_-_WEB_Decision.pdf-put the case against Mr Browne on that basis. The panel took careful account of the ./Browne__Michael_14381_-_WEB_Decision.pdf-video recording of Student A's interview with the police. The panel noted that Student A ./Browne__Michael_14381_-_WEB_Decision.pdf-said that she had not been offended by the emails. Student A gave a clear indication that ./Browne__Michael_14381_-_WEB_Decision.pdf-she did not feel Mr Browne had any intention of pursuing a physical relationship with her. ./Browne__Michael_14381_-_WEB_Decision.pdf- ./Browne__Michael_14381_-_WEB_Decision.pdf- ./Browne__Michael_14381_-_WEB_Decision.pdf- ./Browne__Michael_14381_-_WEB_Decision.pdf-The panel has carefully considered the content of the emails and Mr Browne's own ./Browne__Michael_14381_-_WEB_Decision.pdf-evidence. The panel accepted that a large proportion of the emails could be regarded as ./Browne__Michael_14381_-_WEB_Decision.pdf-light-hearted banter (e.g the reference to 'future wife' at 1ci). Student A's evidence ./Browne__Michael_14381_-_WEB_Decision.pdf-supported this. In the context of a teacher – student relationship, they were inappropriate, ./Browne__Michael_14381_-_WEB_Decision.pdf:but the panel was not satisfied they were sexually motivated. ./Browne__Michael_14381_-_WEB_Decision.pdf- ./Browne__Michael_14381_-_WEB_Decision.pdf- ./Browne__Michael_14381_-_WEB_Decision.pdf- ./Browne__Michael_14381_-_WEB_Decision.pdf- ./Browne__Michael_14381_-_WEB_Decision.pdf- 7 ./Browne__Michael_14381_-_WEB_Decision.pdf- -- ./Browne__Michael_14381_-_WEB_Decision.pdf-However, Mr Browne was unable to explain the content of, or why he had sent, some of ./Browne__Michael_14381_-_WEB_Decision.pdf:the emails which had sexualised comments, including, in particular, the words at ./Browne__Michael_14381_-_WEB_Decision.pdf-paragraphs 1cii and iii. ./Browne__Michael_14381_-_WEB_Decision.pdf- ./Browne__Michael_14381_-_WEB_Decision.pdf-On the balance of probabilities, the panel concluded that Mr Browne must have been ./Browne__Michael_14381_-_WEB_Decision.pdf:thinking about Student A in a sexual way and, on that basis, his conduct involved an ./Browne__Michael_14381_-_WEB_Decision.pdf:element of sexual gratification. Accordingly, his conduct was sexually motivated and the ./Browne__Michael_14381_-_WEB_Decision.pdf-panel finds allegation 2 proved on that basis. ./Browne__Michael_14381_-_WEB_Decision.pdf- ./Browne__Michael_14381_-_WEB_Decision.pdf-Findings as to unacceptable professional conduct and/or conduct that ./Browne__Michael_14381_-_WEB_Decision.pdf-may bring the profession into disrepute ./Browne__Michael_14381_-_WEB_Decision.pdf-Mr Browne has admitted that his conduct in relation to allegation 1 amounted to ./Browne__Michael_14381_-_WEB_Decision.pdf-unacceptable professional conduct and conduct that may bring the profession into ./Browne__Michael_14381_-_WEB_Decision.pdf-disrepute. The panel took these admissions into account, but made its own ./Browne__Michael_14381_-_WEB_Decision.pdf-determination. ./Browne__Michael_14381_-_WEB_Decision.pdf- ./Browne__Michael_14381_-_WEB_Decision.pdf-Having found allegation 1 and 2 to have been proven, the panel has gone on to consider -- ./Browne__Michael_14381_-_WEB_Decision.pdf-other members of the public was not relevant in this case. ./Browne__Michael_14381_-_WEB_Decision.pdf- ./Browne__Michael_14381_-_WEB_Decision.pdf-In carrying out the balancing exercise, the panel has had regard to the public interest ./Browne__Michael_14381_-_WEB_Decision.pdf-considerations both in favour of and against prohibition as well as the interests of Mr ./Browne__Michael_14381_-_WEB_Decision.pdf-Browne. The panel took further account of the Advice, which suggests that a prohibition ./Browne__Michael_14381_-_WEB_Decision.pdf-order may be appropriate if certain behaviours of a teacher have been proven. In the list ./Browne__Michael_14381_-_WEB_Decision.pdf-of such behaviours, those that are relevant in this case are: ./Browne__Michael_14381_-_WEB_Decision.pdf- ./Browne__Michael_14381_-_WEB_Decision.pdf-  serious departure from the personal and professional conduct elements of the ./Browne__Michael_14381_-_WEB_Decision.pdf- Teachers’ Standards; ./Browne__Michael_14381_-_WEB_Decision.pdf:  sexual misconduct, e.g. involving actions that were sexually motivated; ./Browne__Michael_14381_-_WEB_Decision.pdf-Even though there were behaviours that would point to a prohibition order as being ./Browne__Michael_14381_-_WEB_Decision.pdf-appropriate, the panel went on to consider whether or not there were sufficient mitigating ./Browne__Michael_14381_-_WEB_Decision.pdf-factors to militate against a prohibition order as being an appropriate and proportionate ./Browne__Michael_14381_-_WEB_Decision.pdf-measure to impose, particularly taking into account the nature of the behaviour in this ./Browne__Michael_14381_-_WEB_Decision.pdf-case. ./Browne__Michael_14381_-_WEB_Decision.pdf- ./Browne__Michael_14381_-_WEB_Decision.pdf- 9 ./Browne__Michael_14381_-_WEB_Decision.pdf- -- ./Browne__Michael_14381_-_WEB_Decision.pdf-Browne. Accordingly, the panel makes a recommendation to the Secretary of State that a ./Browne__Michael_14381_-_WEB_Decision.pdf-prohibition order should be imposed with immediate effect. ./Browne__Michael_14381_-_WEB_Decision.pdf- ./Browne__Michael_14381_-_WEB_Decision.pdf-The panel went on to consider whether or not to recommend that a review period of the ./Browne__Michael_14381_-_WEB_Decision.pdf-order should be considered. The panel was mindful of the Advice that a prohibition order ./Browne__Michael_14381_-_WEB_Decision.pdf-applies for life, but there may be circumstances in any given case that may make it ./Browne__Michael_14381_-_WEB_Decision.pdf-appropriate to allow a teacher to apply to have the prohibition order reviewed after a ./Browne__Michael_14381_-_WEB_Decision.pdf-specified period of time that may not be less than 2 years. ./Browne__Michael_14381_-_WEB_Decision.pdf- ./Browne__Michael_14381_-_WEB_Decision.pdf-The Advice indicates that there are behaviours that, if proven, would militate against a ./Browne__Michael_14381_-_WEB_Decision.pdf:review period being recommended. These behaviours include serious sexual ./Browne__Michael_14381_-_WEB_Decision.pdf:misconduct, e.g. where the act was sexually motivated and resulted in or had the ./Browne__Michael_14381_-_WEB_Decision.pdf-potential to result in, harm to a person or persons, particularly where the individual has ./Browne__Michael_14381_-_WEB_Decision.pdf-used their professional position to influence or exploit a person or persons. As already ./Browne__Michael_14381_-_WEB_Decision.pdf-stated, the panel is satisfied that the conduct of Mr Browne in sending some of the emails ./Browne__Michael_14381_-_WEB_Decision.pdf:involved sexual misconduct on the basis that these were sexually motivated. However, ./Browne__Michael_14381_-_WEB_Decision.pdf:the panel is not satisfied that this could be described as serious sexual misconduct as the ./Browne__Michael_14381_-_WEB_Decision.pdf-conduct did not result in any harm and there is no evidence that Mr Browne used his ./Browne__Michael_14381_-_WEB_Decision.pdf-professional position to exploit any person. ./Browne__Michael_14381_-_WEB_Decision.pdf- ./Browne__Michael_14381_-_WEB_Decision.pdf-The panel noted Mr Browne's expressions of remorse, which the panel regarded as ./Browne__Michael_14381_-_WEB_Decision.pdf-genuine, and accepted his assurances that he would not engage in email exchanges of a ./Browne__Michael_14381_-_WEB_Decision.pdf-similar nature with pupils in the future. ./Browne__Michael_14381_-_WEB_Decision.pdf- ./Browne__Michael_14381_-_WEB_Decision.pdf-The panel felt the findings indicated a situation in which a review period would be ./Browne__Michael_14381_-_WEB_Decision.pdf-appropriate and as such decided that it would be proportionate in all the circumstances ./Browne__Michael_14381_-_WEB_Decision.pdf-for the prohibition order to be recommended with provision for a review period. The -- ./Browne__Michael_14381_-_WEB_Decision.pdf- practices of the school in which they teach. ./Browne__Michael_14381_-_WEB_Decision.pdf- ./Browne__Michael_14381_-_WEB_Decision.pdf-The panel also took into account the Advice published by the Secretary of State, which ./Browne__Michael_14381_-_WEB_Decision.pdf-suggests that a prohibition order may be appropriate if certain behaviours of a teacher ./Browne__Michael_14381_-_WEB_Decision.pdf-have been proven. In the list of such behaviours, those that the panel found to be ./Browne__Michael_14381_-_WEB_Decision.pdf-relevant in this case are: ./Browne__Michael_14381_-_WEB_Decision.pdf- ./Browne__Michael_14381_-_WEB_Decision.pdf-  serious departure from the personal and professional conduct elements of the ./Browne__Michael_14381_-_WEB_Decision.pdf- Teachers’ Standards; ./Browne__Michael_14381_-_WEB_Decision.pdf- ./Browne__Michael_14381_-_WEB_Decision.pdf:  sexual misconduct, e.g. involving actions that were sexually motivated. ./Browne__Michael_14381_-_WEB_Decision.pdf- ./Browne__Michael_14381_-_WEB_Decision.pdf-I have taken into account the recommendation made by the panel. I have also taken into ./Browne__Michael_14381_-_WEB_Decision.pdf-account the guidance published by the Secretary of State. I have taken into account the ./Browne__Michael_14381_-_WEB_Decision.pdf-need to balance the interests of the public with those of Mr Browne. I have also taken into ./Browne__Michael_14381_-_WEB_Decision.pdf-account the need to be proportionate. ./Browne__Michael_14381_-_WEB_Decision.pdf- ./Browne__Michael_14381_-_WEB_Decision.pdf-I note that the panel found Mr Browne engaged fully with the NCTL proceedings and ./Browne__Michael_14381_-_WEB_Decision.pdf-demonstrated considerable remorse for his actions which he described as ‘very stupid’. I ./Browne__Michael_14381_-_WEB_Decision.pdf-note Mr Browne presented an impressive number of references and testimonials from a ./Browne__Michael_14381_-_WEB_Decision.pdf-number of colleagues. ./Browne__Michael_14381_-_WEB_Decision.pdf- ./Browne__Michael_14381_-_WEB_Decision.pdf-In my judgement the panel’s recommendation is the right one. Mr Browne’s behaviour is ./Browne__Michael_14381_-_WEB_Decision.pdf-such that a prohibition order is appropriate and proportionate. ./Browne__Michael_14381_-_WEB_Decision.pdf- ./Browne__Michael_14381_-_WEB_Decision.pdf-I have gone on to consider the matter of a review period. The panel has given this matter ./Browne__Michael_14381_-_WEB_Decision.pdf-careful consideration. I note that whilst the panel is satisfied that the conduct of Mr ./Browne__Michael_14381_-_WEB_Decision.pdf:Browne in sending some of the emails involved sexual misconduct, this could not be ./Browne__Michael_14381_-_WEB_Decision.pdf:described as serious sexual misconduct as the conduct did not result in any harm. There ./Browne__Michael_14381_-_WEB_Decision.pdf-is no evidence that Mr Browne used his professional position to exploit any person. ./Browne__Michael_14381_-_WEB_Decision.pdf- ./Browne__Michael_14381_-_WEB_Decision.pdf-I have noted the panel’s comments about Mr Browne’s expressions of remorse, which ./Browne__Michael_14381_-_WEB_Decision.pdf-the panel regarded as genuine. I note the panel also accepted Mr Browne’s assurances ./Browne__Michael_14381_-_WEB_Decision.pdf-that he would not engage in email exchanges of a similar nature with pupils in the future. ./Browne__Michael_14381_-_WEB_Decision.pdf- ./Browne__Michael_14381_-_WEB_Decision.pdf- ./Browne__Michael_14381_-_WEB_Decision.pdf- 11 ./Browne__Michael_14381_-_WEB_Decision.pdf- ./Burns_David_SoS_Decision__Accessibility_Checked_.pdf- e. “your pointless faggy mate really pissed me off” on an unknown date ./Burns_David_SoS_Decision__Accessibility_Checked_.pdf- ./Burns_David_SoS_Decision__Accessibility_Checked_.pdf- f. "Didn’t even know you were there. You had a fag permanently attached” on an ./Burns_David_SoS_Decision__Accessibility_Checked_.pdf- unknown date; ./Burns_David_SoS_Decision__Accessibility_Checked_.pdf- ./Burns_David_SoS_Decision__Accessibility_Checked_.pdf-10. He threatened Staff Member 1 ./Burns_David_SoS_Decision__Accessibility_Checked_.pdf- ./Burns_David_SoS_Decision__Accessibility_Checked_.pdf- a. in March 2018, with the words “If you ever do that or anything like that to me I will ./Burns_David_SoS_Decision__Accessibility_Checked_.pdf- hurt you” ./Burns_David_SoS_Decision__Accessibility_Checked_.pdf- ./Burns_David_SoS_Decision__Accessibility_Checked_.pdf: b. with disclosure of a sexually explicit image to pupils at the School, on 26 November ./Burns_David_SoS_Decision__Accessibility_Checked_.pdf- 2018 ./Burns_David_SoS_Decision__Accessibility_Checked_.pdf- ./Burns_David_SoS_Decision__Accessibility_Checked_.pdf- 6 ./Burns_David_SoS_Decision__Accessibility_Checked_.pdf- -- ./Burns_David_SoS_Decision__Accessibility_Checked_.pdf-The panel was therefore invited to maintain Staff Member 1's designation as a vulnerable ./Burns_David_SoS_Decision__Accessibility_Checked_.pdf-witness and direct the following special measures, namely that: ./Burns_David_SoS_Decision__Accessibility_Checked_.pdf- ./Burns_David_SoS_Decision__Accessibility_Checked_.pdf- • Dr Burns not appear on screen when Staff Member 1 gives evidence; and ./Burns_David_SoS_Decision__Accessibility_Checked_.pdf- ./Burns_David_SoS_Decision__Accessibility_Checked_.pdf- • Staff Member 1 be anonymised in these proceedings. ./Burns_David_SoS_Decision__Accessibility_Checked_.pdf- ./Burns_David_SoS_Decision__Accessibility_Checked_.pdf-As a starting point, the panel agreed that Staff Member 1 should be considered as ./Burns_David_SoS_Decision__Accessibility_Checked_.pdf-vulnerable. That was not in dispute and it was identified pursuant to the Application that ./Burns_David_SoS_Decision__Accessibility_Checked_.pdf-[REDACTED] was distressed by the prospect of giving evidence. Given this and the ./Burns_David_SoS_Decision__Accessibility_Checked_.pdf:nature of the subject-matter in these proceedings, which did touch upon sexual matters, ./Burns_David_SoS_Decision__Accessibility_Checked_.pdf-the panel agreed that the quality of [REDACTED] evidence was likely to be adversely ./Burns_David_SoS_Decision__Accessibility_Checked_.pdf-affected. ./Burns_David_SoS_Decision__Accessibility_Checked_.pdf- ./Burns_David_SoS_Decision__Accessibility_Checked_.pdf-The panel went on to consider what, if any, special measures were appropriate and ./Burns_David_SoS_Decision__Accessibility_Checked_.pdf-necessary to protect the interests of Staff Member 1. ./Burns_David_SoS_Decision__Accessibility_Checked_.pdf- ./Burns_David_SoS_Decision__Accessibility_Checked_.pdf-The panel agreed that both of the measures sought were necessary and appropriate, ./Burns_David_SoS_Decision__Accessibility_Checked_.pdf-having undertaken a balancing exercise of the interests of Staff Member 1, Dr Burns and ./Burns_David_SoS_Decision__Accessibility_Checked_.pdf-the wider public interest in a public hearing and the interests of justice. ./Burns_David_SoS_Decision__Accessibility_Checked_.pdf- -- ./Burns_David_SoS_Decision__Accessibility_Checked_.pdf-In relation to Dr Burns not appearing on screen, whilst the panel recognised this was not ./Burns_David_SoS_Decision__Accessibility_Checked_.pdf-an ideal scenario, there was no practical alternative that the panel considered would ./Burns_David_SoS_Decision__Accessibility_Checked_.pdf-meet its concerns. The panel also had in mind that Dr Burns was represented. ./Burns_David_SoS_Decision__Accessibility_Checked_.pdf- ./Burns_David_SoS_Decision__Accessibility_Checked_.pdf-In relation to anonymity, the panel was satisfied that, given the highly private and ./Burns_David_SoS_Decision__Accessibility_Checked_.pdf-sensitive nature of [REDACTED] evidence, anonymity was necessary to protect the ./Burns_David_SoS_Decision__Accessibility_Checked_.pdf-interests of Staff Member 1. The panel had in mind that Staff Member 1 was only ./Burns_David_SoS_Decision__Accessibility_Checked_.pdf-involved in these proceedings due to [REDACTED] position as the alleged victim of ./Burns_David_SoS_Decision__Accessibility_Checked_.pdf-inappropriate behaviour. [REDACTED] was also, allegedly, the victim of certain acts with ./Burns_David_SoS_Decision__Accessibility_Checked_.pdf:sexual implications. ./Burns_David_SoS_Decision__Accessibility_Checked_.pdf- ./Burns_David_SoS_Decision__Accessibility_Checked_.pdf-Application to amend allegation 2 ./Burns_David_SoS_Decision__Accessibility_Checked_.pdf- ./Burns_David_SoS_Decision__Accessibility_Checked_.pdf-An application was made by the TRA, at the conclusion of the oral evidence, to amend ./Burns_David_SoS_Decision__Accessibility_Checked_.pdf-allegation 2 to read 'told and/or instructed' as opposed to just 'instructed' as originally ./Burns_David_SoS_Decision__Accessibility_Checked_.pdf-pleaded. ./Burns_David_SoS_Decision__Accessibility_Checked_.pdf- ./Burns_David_SoS_Decision__Accessibility_Checked_.pdf-Both parties submitted this was necessary and appropriate pursuant to the interests of ./Burns_David_SoS_Decision__Accessibility_Checked_.pdf-justice. Not least, it was agreed it would be inappropriate for allegations to fail for ./Burns_David_SoS_Decision__Accessibility_Checked_.pdf-technical reasons. It was suggested that such a scenario was possible in this instance -- ./Burns_David_SoS_Decision__Accessibility_Checked_.pdf-Decision and reasons ./Burns_David_SoS_Decision__Accessibility_Checked_.pdf-The panel announced its decision and reasons as follows: ./Burns_David_SoS_Decision__Accessibility_Checked_.pdf- ./Burns_David_SoS_Decision__Accessibility_Checked_.pdf-Introduction ./Burns_David_SoS_Decision__Accessibility_Checked_.pdf- ./Burns_David_SoS_Decision__Accessibility_Checked_.pdf-Dr Burns was previously employed as a teacher by The Radycliffe School ("the School"). ./Burns_David_SoS_Decision__Accessibility_Checked_.pdf-He commenced work at the School on 1 September 2016 as an assistant headteacher, ./Burns_David_SoS_Decision__Accessibility_Checked_.pdf-later becoming deputy headteacher. ./Burns_David_SoS_Decision__Accessibility_Checked_.pdf- ./Burns_David_SoS_Decision__Accessibility_Checked_.pdf-In November 2016, Dr Burns began a relationship with a staff member at the School, ./Burns_David_SoS_Decision__Accessibility_Checked_.pdf:referred to as Staff Member 1. This was a consensual, sexual relationship that lasted ./Burns_David_SoS_Decision__Accessibility_Checked_.pdf-until approximately September 2018. From this point onwards, Dr Burns and Staff ./Burns_David_SoS_Decision__Accessibility_Checked_.pdf-Member 1 continued to have almost daily communication, particularly via messaging. ./Burns_David_SoS_Decision__Accessibility_Checked_.pdf- ./Burns_David_SoS_Decision__Accessibility_Checked_.pdf-Between September 2014 to June 2015 and between September 2017 to January 2018, ./Burns_David_SoS_Decision__Accessibility_Checked_.pdf-Dr Burns was Staff Member 1's line manager. The existence of the relationship was not ./Burns_David_SoS_Decision__Accessibility_Checked_.pdf-known to the School. ./Burns_David_SoS_Decision__Accessibility_Checked_.pdf- ./Burns_David_SoS_Decision__Accessibility_Checked_.pdf-It is alleged that between March 2018 and January 2019, Dr Burns acted inappropriately ./Burns_David_SoS_Decision__Accessibility_Checked_.pdf-in relation to Staff Member 1 in various respects, including comments made to ./Burns_David_SoS_Decision__Accessibility_Checked_.pdf-[REDACTED] , in relation to the nature and content of messages he sent and his alleged -- ./Burns_David_SoS_Decision__Accessibility_Checked_.pdf-given Dr Burns' formal admission, even if that could not be entirely aligned with his ./Burns_David_SoS_Decision__Accessibility_Checked_.pdf-evidence, the panel concluded it was more likely than not that such a comment was ./Burns_David_SoS_Decision__Accessibility_Checked_.pdf-made. ./Burns_David_SoS_Decision__Accessibility_Checked_.pdf- ./Burns_David_SoS_Decision__Accessibility_Checked_.pdf-Whether or not Dr Burns may have been alluding to emotional harm, there was no ./Burns_David_SoS_Decision__Accessibility_Checked_.pdf-suggestion that was made explicitly clear to Staff Member 1 and the words were clearly ./Burns_David_SoS_Decision__Accessibility_Checked_.pdf-threatening in nature. ./Burns_David_SoS_Decision__Accessibility_Checked_.pdf- ./Burns_David_SoS_Decision__Accessibility_Checked_.pdf-The panel therefore found allegation 10(a) proved. ./Burns_David_SoS_Decision__Accessibility_Checked_.pdf- ./Burns_David_SoS_Decision__Accessibility_Checked_.pdf: b. with disclosure of a sexually explicit image to pupils at the School, on ./Burns_David_SoS_Decision__Accessibility_Checked_.pdf- 26 November 2018 ./Burns_David_SoS_Decision__Accessibility_Checked_.pdf- ./Burns_David_SoS_Decision__Accessibility_Checked_.pdf-Dr Burns denied the facts of allegation 10(b). ./Burns_David_SoS_Decision__Accessibility_Checked_.pdf- ./Burns_David_SoS_Decision__Accessibility_Checked_.pdf- ./Burns_David_SoS_Decision__Accessibility_Checked_.pdf- ./Burns_David_SoS_Decision__Accessibility_Checked_.pdf- 20 ./Burns_David_SoS_Decision__Accessibility_Checked_.pdf- -- ./Burns_David_SoS_Decision__Accessibility_Checked_.pdf:There was no dispute that Dr Burns was in possession of a sexually explicit image of ./Burns_David_SoS_Decision__Accessibility_Checked_.pdf-Staff Member 1 in the form of a 'GIF' and that a discussion took place whereby Dr Burns ./Burns_David_SoS_Decision__Accessibility_Checked_.pdf-showed it to Staff Member 1. ./Burns_David_SoS_Decision__Accessibility_Checked_.pdf- ./Burns_David_SoS_Decision__Accessibility_Checked_.pdf-It was clear that this upset Staff Member 1 and caused [REDACTED] some distress. It ./Burns_David_SoS_Decision__Accessibility_Checked_.pdf-had been produced from an earlier image sent by Staff Member 1 to Dr Burns whilst their ./Burns_David_SoS_Decision__Accessibility_Checked_.pdf-relationship was ongoing. ./Burns_David_SoS_Decision__Accessibility_Checked_.pdf- ./Burns_David_SoS_Decision__Accessibility_Checked_.pdf-When initially asked about this image in [REDACTED] investigatory interview, Staff ./Burns_David_SoS_Decision__Accessibility_Checked_.pdf-Member 1's response is recorded as being that Dr Burns threatened to "share it around". ./Burns_David_SoS_Decision__Accessibility_Checked_.pdf-[REDACTED] is subsequently recorded as adding: -- ./Burns_David_SoS_Decision__Accessibility_Checked_.pdf- ./Burns_David_SoS_Decision__Accessibility_Checked_.pdf-The panel also considered whether Dr Burns' conduct displayed behaviours associated ./Burns_David_SoS_Decision__Accessibility_Checked_.pdf-with any of the offences listed on pages 12 and 13 of the Advice. ./Burns_David_SoS_Decision__Accessibility_Checked_.pdf- ./Burns_David_SoS_Decision__Accessibility_Checked_.pdf-The Advice indicates that where behaviours associated with such an offence exist, a ./Burns_David_SoS_Decision__Accessibility_Checked_.pdf-panel is likely to conclude that an individual’s conduct would amount to unacceptable ./Burns_David_SoS_Decision__Accessibility_Checked_.pdf-professional conduct. ./Burns_David_SoS_Decision__Accessibility_Checked_.pdf- ./Burns_David_SoS_Decision__Accessibility_Checked_.pdf-The panel did have in mind that its findings included incidents involving elements of ./Burns_David_SoS_Decision__Accessibility_Checked_.pdf-violence. Its findings in relation to allegation 9 also raised the issue of intolerance on the ./Burns_David_SoS_Decision__Accessibility_Checked_.pdf:grounds of sexual orientation. ./Burns_David_SoS_Decision__Accessibility_Checked_.pdf- ./Burns_David_SoS_Decision__Accessibility_Checked_.pdf-However, the panel was informed that there had been some police involvement in this ./Burns_David_SoS_Decision__Accessibility_Checked_.pdf-case, which did not proceed beyond initial enquiries. It was not alleged that Dr Burns' ./Burns_David_SoS_Decision__Accessibility_Checked_.pdf-actions, in either respect, amounted to a criminal offence or could be classified as ./Burns_David_SoS_Decision__Accessibility_Checked_.pdf-criminal in nature. ./Burns_David_SoS_Decision__Accessibility_Checked_.pdf- ./Burns_David_SoS_Decision__Accessibility_Checked_.pdf-As such, with reference to the Advice, and notwithstanding the concerns these proven ./Burns_David_SoS_Decision__Accessibility_Checked_.pdf-actions gave rise to, the panel concluded that none of these offences listed in the Advice ./Burns_David_SoS_Decision__Accessibility_Checked_.pdf-were relevant. ./Burns_David_SoS_Decision__Accessibility_Checked_.pdf- ./Canavan_-_Web_Decision.pdf- 2016 to May 2016 including: ./Canavan_-_Web_Decision.pdf- ./Canavan_-_Web_Decision.pdf- a. becoming friends with her on Facebook; ./Canavan_-_Web_Decision.pdf- ./Canavan_-_Web_Decision.pdf- b. exchanging private messages with her; ./Canavan_-_Web_Decision.pdf- ./Canavan_-_Web_Decision.pdf- c. receiving one or more nude images of her; ./Canavan_-_Web_Decision.pdf- ./Canavan_-_Web_Decision.pdf- d. sending her one or more nude image of yourself; ./Canavan_-_Web_Decision.pdf- ./Canavan_-_Web_Decision.pdf: e. discussing engaging in sexual activity with her if you met. ./Canavan_-_Web_Decision.pdf- ./Canavan_-_Web_Decision.pdf: 2. Your conduct at Allegation 1. above was sexually motivated; ./Canavan_-_Web_Decision.pdf- ./Canavan_-_Web_Decision.pdf- 3. In respect of your conduct at Allegation 1. above you received a caution on or ./Canavan_-_Web_Decision.pdf- around 2 August 2016 for possessing an indecent photograph or pseudo- ./Canavan_-_Web_Decision.pdf- photograph of a child on 1 June 2015 - 1 June 2016 contrary to the Criminal ./Canavan_-_Web_Decision.pdf- Justice Act 1988 s.160. ./Canavan_-_Web_Decision.pdf- ./Canavan_-_Web_Decision.pdf-Mr Canavan has signed a Statement of Agreed Facts dated 19 February 2018 in which ./Canavan_-_Web_Decision.pdf-he admits the above allegations and further admits that the facts of the allegations ./Canavan_-_Web_Decision.pdf-amount to unacceptable professional conduct and conduct that may bring the profession ./Canavan_-_Web_Decision.pdf-into disrepute. -- ./Canavan_-_Web_Decision.pdf-case be considered at a hearing if required in the interests of justice or in the public ./Canavan_-_Web_Decision.pdf-interest. The panel did not determine that such a direction is necessary or appropriate in ./Canavan_-_Web_Decision.pdf-this case. ./Canavan_-_Web_Decision.pdf- ./Canavan_-_Web_Decision.pdf-The School from September 2010 employed Mr Canavan as a teacher until his ./Canavan_-_Web_Decision.pdf-termination by way of resignation on 31 August 2016. Mr Canavan taught Pupil A science ./Canavan_-_Web_Decision.pdf-when she was in Year 7 at the School. Pupil A became Facebook friends with Mr ./Canavan_-_Web_Decision.pdf-Canavan. This was followed by the exchange of numerous messages and photographs ./Canavan_-_Web_Decision.pdf-between Mr Canavan and Pupil A. These included photographs of Mr Canavan naked ./Canavan_-_Web_Decision.pdf-from the waist down and naked photographs of Pupil A. The messages were overtly ./Canavan_-_Web_Decision.pdf:sexually suggestive regarding sexual contact between the two if they were to meet. ./Canavan_-_Web_Decision.pdf-Messages between Pupil A and Mr Canavan ceased in or around May 2016. In June ./Canavan_-_Web_Decision.pdf-2016, Mr Canavan was arrested for possessing an indecent image of a child in relation to ./Canavan_-_Web_Decision.pdf-the six photographs Mr Canavan had of Pupil A on his phone at the time of his arrest. On ./Canavan_-_Web_Decision.pdf-2 August 2016, Mr Canavan received a police caution for possessing an indecent ./Canavan_-_Web_Decision.pdf-photograph or pseudo-photograph of a child. ./Canavan_-_Web_Decision.pdf- ./Canavan_-_Web_Decision.pdf- ./Canavan_-_Web_Decision.pdf- ./Canavan_-_Web_Decision.pdf- 5 ./Canavan_-_Web_Decision.pdf- -- ./Canavan_-_Web_Decision.pdf- March 2016 to May 2016 including: ./Canavan_-_Web_Decision.pdf- ./Canavan_-_Web_Decision.pdf- a. becoming friends with her on Facebook; ./Canavan_-_Web_Decision.pdf- ./Canavan_-_Web_Decision.pdf- b. exchanging private messages with her; ./Canavan_-_Web_Decision.pdf- ./Canavan_-_Web_Decision.pdf- c. receiving one or more nude images of her; ./Canavan_-_Web_Decision.pdf- ./Canavan_-_Web_Decision.pdf- d. sending her one nude image of yourself; ./Canavan_-_Web_Decision.pdf- ./Canavan_-_Web_Decision.pdf: e. discussing engaging in sexual activity with her if you met. ./Canavan_-_Web_Decision.pdf- ./Canavan_-_Web_Decision.pdf-The panel had regard to the signed Statement of Agreed Facts in which Mr Canavan ./Canavan_-_Web_Decision.pdf-admitted this allegation in its entirety. ./Canavan_-_Web_Decision.pdf- ./Canavan_-_Web_Decision.pdf-The panel also considered the evidence provided in the bundle, namely evidence of the ./Canavan_-_Web_Decision.pdf-School’s investigation report, the Notice of Referral form completed by Mr Canavan and ./Canavan_-_Web_Decision.pdf-the notes from the LADO meeting, which showed that from an early stage, Mr Canavan, ./Canavan_-_Web_Decision.pdf-had admitted the facts of this allegation. The panel noted that Mr Canavan’s admission ./Canavan_-_Web_Decision.pdf-was consistent and there was no evidence that Mr Canavan had attempted to change his ./Canavan_-_Web_Decision.pdf-story or deny the allegations at any stage. ./Canavan_-_Web_Decision.pdf- ./Canavan_-_Web_Decision.pdf-The panel also considered evidence contained in the police records, which made ./Canavan_-_Web_Decision.pdf-reference to multiple texts and photos being sent and received by Mr Canavan and Pupil ./Canavan_-_Web_Decision.pdf-A. The police records showed that Mr Canavan had messaged Pupil A stating, “I know ./Canavan_-_Web_Decision.pdf-you’re 17 I can’t do anything yet. I will wait until you’re 18. Take you out for a drink and ./Canavan_-_Web_Decision.pdf-get a hotel”. Mr Canavan had also sent Pupil A another message asking, “will you have ./Canavan_-_Web_Decision.pdf:sex with me”. ./Canavan_-_Web_Decision.pdf- ./Canavan_-_Web_Decision.pdf-In light of this evidence, the panel was satisfied that there was sufficient evidence to find ./Canavan_-_Web_Decision.pdf-this allegation proven. ./Canavan_-_Web_Decision.pdf- ./Canavan_-_Web_Decision.pdf: 2. Your conduct at Allegation 1. above was sexually motivated; ./Canavan_-_Web_Decision.pdf- ./Canavan_-_Web_Decision.pdf-The panel had regard to the signed Statement of Agreed Facts in which Mr Canavan ./Canavan_-_Web_Decision.pdf-admitted this allegation. The panel also considered the evidence provided in the bundle, ./Canavan_-_Web_Decision.pdf- ./Canavan_-_Web_Decision.pdf- ./Canavan_-_Web_Decision.pdf- 6 ./Canavan_-_Web_Decision.pdf- -- ./Canavan_-_Web_Decision.pdf-namely the police records, which described the nature and content of some of the ./Canavan_-_Web_Decision.pdf-messages and photographs, sent between Mr Canavan and Pupil A. ./Canavan_-_Web_Decision.pdf- ./Canavan_-_Web_Decision.pdf-The police records showed that Mr Canavan had sent numerous text messages asking to ./Canavan_-_Web_Decision.pdf:meet Pupil A for sex. For example, Mr Canavan sent a message to Pupil A stating, “I ./Canavan_-_Web_Decision.pdf-know that you’re 17 I can’t do anything yet. I will wait until you’re 18. Take you out for a ./Canavan_-_Web_Decision.pdf-drink and get a hotel.” The panel also considered evidence of further messages sent by ./Canavan_-_Web_Decision.pdf:Mr Canavan stating, “Will you have sex with me?” The panel also noted that the police ./Canavan_-_Web_Decision.pdf-records stated that messages between Pupil A and Mr Canavan were “nearly always dirty ./Canavan_-_Web_Decision.pdf-talk.” ./Canavan_-_Web_Decision.pdf- ./Canavan_-_Web_Decision.pdf-The police records also showed that the photos sent by Mr Canavan were photographs ./Canavan_-_Web_Decision.pdf-of Mr Canavan’s naked lower body and that Mr Canavan received photographs of Pupil ./Canavan_-_Web_Decision.pdf-A’s naked upper and lower body. The panel felt that given the nature of the photographs ./Canavan_-_Web_Decision.pdf-and messages between Mr Canavan and Pupil A and Mr Canavan’s clear attempts to ./Canavan_-_Web_Decision.pdf:arrange to meet Pupil A for sex, Mr Canavan’s conduct in respect of allegation 1. was ./Canavan_-_Web_Decision.pdf:sexually motivated. ./Canavan_-_Web_Decision.pdf- ./Canavan_-_Web_Decision.pdf-The panel therefore found this allegation proven. ./Canavan_-_Web_Decision.pdf- ./Canavan_-_Web_Decision.pdf- 3. In respect of your conduct at Allegation 1. above you received a caution on ./Canavan_-_Web_Decision.pdf- or around 2 August 2016 for possessing an indecent photograph or pseudo- ./Canavan_-_Web_Decision.pdf- photograph of a child on 1 June 2015 - 1 June 2016 contrary to the Criminal ./Canavan_-_Web_Decision.pdf- Justice Act 1988 s.160. ./Canavan_-_Web_Decision.pdf- ./Canavan_-_Web_Decision.pdf-The panel had regard to the signed Statement of Agreed Facts in which Mr Canavan ./Canavan_-_Web_Decision.pdf-admitted this allegation. The panel also considered the evidence provided in the bundle, -- ./Canavan_-_Web_Decision.pdf:  sexual misconduct, e.g. involving actions that were sexually motivated or of a ./Canavan_-_Web_Decision.pdf: sexual nature and/or that use or exploit the trust, knowledge or influence derived ./Canavan_-_Web_Decision.pdf- from the individual’s professional position; and ./Canavan_-_Web_Decision.pdf-  any activity involving possessing any indecent photograph or image or pseudo ./Canavan_-_Web_Decision.pdf- photograph or image of a child, or permitting such activity, including one-off ./Canavan_-_Web_Decision.pdf- incidents. ./Canavan_-_Web_Decision.pdf-Even though there were behaviours that would point to a prohibition order being ./Canavan_-_Web_Decision.pdf-appropriate, the panel went on to consider whether or not there were sufficient mitigating ./Canavan_-_Web_Decision.pdf-factors to militate against a prohibition order being an appropriate and proportionate ./Canavan_-_Web_Decision.pdf-measure to impose, particularly taking into account the nature and severity of the ./Canavan_-_Web_Decision.pdf-behaviour in this case. ./Canavan_-_Web_Decision.pdf- -- ./Canavan_-_Web_Decision.pdf-made by the panel is sufficient. ./Canavan_-_Web_Decision.pdf- ./Canavan_-_Web_Decision.pdf-The panel is of the view that applying the standard of the ordinary intelligent citizen ./Canavan_-_Web_Decision.pdf-recommending no prohibition order is not a proportionate and appropriate response. ./Canavan_-_Web_Decision.pdf-Recommending that publication of adverse findings is sufficient in the case would ./Canavan_-_Web_Decision.pdf-unacceptably compromise the public interest considerations present in this case, despite ./Canavan_-_Web_Decision.pdf-the severity of consequences for Mr Canavan of prohibition. ./Canavan_-_Web_Decision.pdf- ./Canavan_-_Web_Decision.pdf-The panel is of the view that prohibition is both proportionate and appropriate. The panel ./Canavan_-_Web_Decision.pdf-has decided that the public interest considerations outweigh the interests of Mr Canavan. ./Canavan_-_Web_Decision.pdf:The serious nature of the offences and the sexual motivation was a significant factor in ./Canavan_-_Web_Decision.pdf- ./Canavan_-_Web_Decision.pdf- ./Canavan_-_Web_Decision.pdf- ./Canavan_-_Web_Decision.pdf- 10 ./Canavan_-_Web_Decision.pdf- -- ./Canavan_-_Web_Decision.pdf- statutory provisions. ./Canavan_-_Web_Decision.pdf-The panel has also considered whether Mr Canavan’s conduct displayed behaviours ./Canavan_-_Web_Decision.pdf-associated with any of the offences listed on pages 8 and 9 of the Advice. The panel ./Canavan_-_Web_Decision.pdf-found that “the offence of possessing an image or pseudo photograph or image of a child ./Canavan_-_Web_Decision.pdf-for which Mr Canavan received a caution is relevant in this case.” ./Canavan_-_Web_Decision.pdf- ./Canavan_-_Web_Decision.pdf-The Advice indicates that where behaviours associated with such an offence exist, a ./Canavan_-_Web_Decision.pdf-panel is likely to conclude that an individual’s conduct would amount to unacceptable ./Canavan_-_Web_Decision.pdf-professional conduct. ./Canavan_-_Web_Decision.pdf- ./Canavan_-_Web_Decision.pdf:The findings of misconduct are particularly serious as they include a finding of sexual ./Canavan_-_Web_Decision.pdf-misconduct and a finding of possession of an indecent image of a child. ./Canavan_-_Web_Decision.pdf- ./Canavan_-_Web_Decision.pdf-I have to determine whether the imposition of a prohibition order is proportionate and in ./Canavan_-_Web_Decision.pdf-the public interest. In considering that for this case, I have considered the overall aim of a ./Canavan_-_Web_Decision.pdf-prohibition order, which is to protect pupils and to maintain public confidence in the ./Canavan_-_Web_Decision.pdf-profession. I have considered the extent to which a prohibition order in this case would ./Canavan_-_Web_Decision.pdf-achieve that aim taking into account the impact that it will have on the individual teacher. ./Canavan_-_Web_Decision.pdf-I have also asked myself whether or not a less intrusive measure, such as the published ./Canavan_-_Web_Decision.pdf-finding of unacceptable professional conduct and conduct that may bring the profession ./Canavan_-_Web_Decision.pdf-into disrepute, would itself be sufficient to achieve the overall aim. I have to consider -- ./Canavan_-_Web_Decision.pdf:public perception.” I am particularly mindful of the finding of sexual misconduct in this ./Canavan_-_Web_Decision.pdf-case and the impact that such a finding has on the reputation of the profession. ./Canavan_-_Web_Decision.pdf- ./Canavan_-_Web_Decision.pdf-I have had to consider that the public has a high expectation of professional standards of ./Canavan_-_Web_Decision.pdf-all teachers and that failure to impose a prohibition order might be regarded by the public ./Canavan_-_Web_Decision.pdf-as a failure to uphold those high standards. In weighing these considerations, I have had ./Canavan_-_Web_Decision.pdf-to consider the matter from the point of view of an “ordinary intelligent and well-informed ./Canavan_-_Web_Decision.pdf-citizen.” ./Canavan_-_Web_Decision.pdf- ./Canavan_-_Web_Decision.pdf-I have considered whether the publication of a finding of unacceptable professional ./Canavan_-_Web_Decision.pdf-conduct, in the absence of a prohibition order, can itself be regarded by such a person as -- ./Canavan_-_Web_Decision.pdf-professionally. Whilst this stated that Mr Canavan is “professional and sets very high ./Canavan_-_Web_Decision.pdf-standards for himself and hundreds of his students”, the panel was conscious that this ./Canavan_-_Web_Decision.pdf-was an unsigned character reference from someone known personally to Mr Canavan ./Canavan_-_Web_Decision.pdf-and therefore felt that it carried little weight.“ ./Canavan_-_Web_Decision.pdf- ./Canavan_-_Web_Decision.pdf-A prohibition order would prevent Mr Canavan from teaching. A prohibition order would ./Canavan_-_Web_Decision.pdf-also clearly deprive the public of his contribution to the profession for the period that it is ./Canavan_-_Web_Decision.pdf-in force. ./Canavan_-_Web_Decision.pdf- ./Canavan_-_Web_Decision.pdf-In this case I have placed considerable weight on the panel’s comments concerning the, ./Canavan_-_Web_Decision.pdf:“serious nature of the offences and the sexual motivation.” ./Canavan_-_Web_Decision.pdf- ./Canavan_-_Web_Decision.pdf-I have given less weight in my consideration of sanction therefore, to the contribution that ./Canavan_-_Web_Decision.pdf-Mr Canavan has made to the profession. In my view, it is necessary to impose a ./Canavan_-_Web_Decision.pdf-prohibition order in order to maintain public confidence in the profession. A published ./Canavan_-_Web_Decision.pdf-decision that is not backed up by remorse or insight does not in my view satisfy the public ./Canavan_-_Web_Decision.pdf-interest requirement concerning public confidence in the profession. ./Canavan_-_Web_Decision.pdf- ./Canavan_-_Web_Decision.pdf-For these reasons, I have concluded that a prohibition order is proportionate and in the ./Canavan_-_Web_Decision.pdf-public interest in order to achieve the aims which a prohibition order is intended to ./Canavan_-_Web_Decision.pdf-achieve. -- ./Canavan_-_Web_Decision.pdf-received a police caution for possessing an indecent photograph or pseudo-photograph ./Canavan_-_Web_Decision.pdf-of a child, which suggests that a review period would not be appropriate in this case.“ ./Canavan_-_Web_Decision.pdf- ./Canavan_-_Web_Decision.pdf-I have considered whether allowing for no review period reflects the seriousness of the ./Canavan_-_Web_Decision.pdf-findings and is a proportionate period to achieve the aim of maintaining public confidence ./Canavan_-_Web_Decision.pdf-in the profession. In this case, there are three factors that in my view mean that a ./Canavan_-_Web_Decision.pdf-prohibition with no review period is necessary to maintain public confidence in the ./Canavan_-_Web_Decision.pdf-profession. These elements are the caution for possession of an indecent image of a ./Canavan_-_Web_Decision.pdf:child, the sexual misconduct and the lack of either insight or remorse. ./Canavan_-_Web_Decision.pdf- ./Canavan_-_Web_Decision.pdf-I consider therefore that a prohibition with no review period is required to satisfy the ./Canavan_-_Web_Decision.pdf-maintenance of public confidence in the profession. ./Canavan_-_Web_Decision.pdf- ./Canavan_-_Web_Decision.pdf-This means that Mr Anthony Canavan is prohibited from teaching indefinitely and ./Canavan_-_Web_Decision.pdf-cannot teach in any school, sixth form college, relevant youth accommodation or ./Canavan_-_Web_Decision.pdf-children’s home in England. Furthermore, in view of the seriousness of the allegations ./Canavan_-_Web_Decision.pdf-found proved against him, I have decided that Mr Anthony Canavan shall not be entitled ./Canavan_-_Web_Decision.pdf-to apply for restoration of his eligibility to teach. ./Canavan_-_Web_Decision.pdf- ./Cann_Jennifer_Ann_S_of_S_decision-_web.pdf-and so should have known that the meetings presented a conflict of interest. The ./Cann_Jennifer_Ann_S_of_S_decision-_web.pdf-allegation is therefore found proven. ./Cann_Jennifer_Ann_S_of_S_decision-_web.pdf- ./Cann_Jennifer_Ann_S_of_S_decision-_web.pdf- ./Cann_Jennifer_Ann_S_of_S_decision-_web.pdf- b. Made inappropriate physical contact with Student A; ./Cann_Jennifer_Ann_S_of_S_decision-_web.pdf- ./Cann_Jennifer_Ann_S_of_S_decision-_web.pdf-The panel notes that Miss Cann has admitted in the SOAF that she hugged Student A, ./Cann_Jennifer_Ann_S_of_S_decision-_web.pdf-and that this could be construed as inappropriate. The fact that Miss Cann hugged ./Cann_Jennifer_Ann_S_of_S_decision-_web.pdf-Student A is also supported by the notes of interviews exhibited to the School’s ./Cann_Jennifer_Ann_S_of_S_decision-_web.pdf-investigation report and the statement from Student A. There is no suggestion that there ./Cann_Jennifer_Ann_S_of_S_decision-_web.pdf:was any sexual element to this, but nevertheless it did constitute physical contact with a ./Cann_Jennifer_Ann_S_of_S_decision-_web.pdf-pupil in the context of a ‘one to one’ inappropriate relationship outside of School, which ./Cann_Jennifer_Ann_S_of_S_decision-_web.pdf-the panel considers was very unwise on the part of Miss Cann. The allegation is ./Cann_Jennifer_Ann_S_of_S_decision-_web.pdf-therefore found proven. ./Cann_Jennifer_Ann_S_of_S_decision-_web.pdf- ./Cann_Jennifer_Ann_S_of_S_decision-_web.pdf- ./Cann_Jennifer_Ann_S_of_S_decision-_web.pdf- ./Cann_Jennifer_Ann_S_of_S_decision-_web.pdf- ./Cann_Jennifer_Ann_S_of_S_decision-_web.pdf- 7 ./Cann_Jennifer_Ann_S_of_S_decision-_web.pdf- ./Cassidy_D_15327_Web_decision.pdf- effect. ./Cassidy_D_15327_Web_decision.pdf- ./Cassidy_D_15327_Web_decision.pdf- f. Invited her to his house. ./Cassidy_D_15327_Web_decision.pdf- ./Cassidy_D_15327_Web_decision.pdf- g. Failed to take any action or any appropriate action when Pupil A took a ./Cassidy_D_15327_Web_decision.pdf- number of tablets; ./Cassidy_D_15327_Web_decision.pdf- ./Cassidy_D_15327_Web_decision.pdf- 2. His conduct as set out at allegation 1 above was contrary to the College’s Policy ./Cassidy_D_15327_Web_decision.pdf- and/or the staff Code of Conduct. ./Cassidy_D_15327_Web_decision.pdf- ./Cassidy_D_15327_Web_decision.pdf: 3. His conduct as set out at 1 above was sexually motivated. ./Cassidy_D_15327_Web_decision.pdf- ./Cassidy_D_15327_Web_decision.pdf-Mr Cassidy admits the factual particulars of the above allegations in the Statement of ./Cassidy_D_15327_Web_decision.pdf-Agreed Facts. He also admits in the Statement of Agreed Facts and in a written ./Cassidy_D_15327_Web_decision.pdf-submission dated 8 September 2016 that such conduct amounted to unacceptable ./Cassidy_D_15327_Web_decision.pdf-professional conduct and conduct that may bring the profession into disrepute. ./Cassidy_D_15327_Web_decision.pdf- ./Cassidy_D_15327_Web_decision.pdf- ./Cassidy_D_15327_Web_decision.pdf- ./Cassidy_D_15327_Web_decision.pdf- ./Cassidy_D_15327_Web_decision.pdf- 4 -- ./Cassidy_D_15327_Web_decision.pdf-known his conduct towards Pupil A was contrary to the College’s policies. The panel ./Cassidy_D_15327_Web_decision.pdf-noted that even though there is no reference in the Statement of Agreed Facts to the ./Cassidy_D_15327_Web_decision.pdf-College’s staff Code of Conduct, that Mr Cassidy states within his two written ./Cassidy_D_15327_Web_decision.pdf-submissions to the National College dated 27 June and 8 September 2016 respectively ./Cassidy_D_15327_Web_decision.pdf-that he is “guilty” of all the allegations that have been made against him. ./Cassidy_D_15327_Web_decision.pdf-The panel took into account a note included in the bundle which summarised the ./Cassidy_D_15327_Web_decision.pdf-allegation investigated by the College against Mr Cassidy. This note stated that a breach ./Cassidy_D_15327_Web_decision.pdf-of the staff code of conduct policy is normally regarded as gross misconduct, as is ./Cassidy_D_15327_Web_decision.pdf-harassment. This summary note reflects that all staff need to recognise that failure to ./Cassidy_D_15327_Web_decision.pdf-meet appropriate standards of behaviour and conduct may result in disciplinary action ./Cassidy_D_15327_Web_decision.pdf:including dismissal. Mr Cassidy had been accused of sexual harassment by a pupil which ./Cassidy_D_15327_Web_decision.pdf-was evidenced via text messages between Pupil A and Mr Cassidy. This summary note ./Cassidy_D_15327_Web_decision.pdf-also states that communicating with pupils in a manner that does not create an ./Cassidy_D_15327_Web_decision.pdf-impression of professionalism is a breach of the College’s e-safety policy. ./Cassidy_D_15327_Web_decision.pdf-The panel was not provided with any copy(ies) of any staff codes of conduct, e-safety ./Cassidy_D_15327_Web_decision.pdf-policy or any other relevant policies. ./Cassidy_D_15327_Web_decision.pdf-Taking all available evidence into account, the panel considered it was more likely than ./Cassidy_D_15327_Web_decision.pdf-not that the College had policies in place, at the relevant time, which would have ./Cassidy_D_15327_Web_decision.pdf-indicated that Mr Cassidy’s behaviour towards Pupil A was inappropriate. The fact that Mr ./Cassidy_D_15327_Web_decision.pdf-Cassidy admitted this allegation was compelling and the panel find this allegation proved ./Cassidy_D_15327_Web_decision.pdf-on the balance of probabilities. ./Cassidy_D_15327_Web_decision.pdf: 3. Your conduct as set out at 1 above was sexually motivated. ./Cassidy_D_15327_Web_decision.pdf- ./Cassidy_D_15327_Web_decision.pdf-The panel was advised by the legal advisor that it may find it helpful to ask itself whether on ./Cassidy_D_15327_Web_decision.pdf-the balance of probabilities reasonable persons would think the words/actions found proven ./Cassidy_D_15327_Web_decision.pdf:could be sexually motivated. If so, the panel would then need to go on to ask itself a second ./Cassidy_D_15327_Web_decision.pdf-question: whether, in all the circumstances of the conduct in the case, it was more likely than ./Cassidy_D_15327_Web_decision.pdf:not that Mr Cassidy’s purpose of such words/actions was sexually motivated. ./Cassidy_D_15327_Web_decision.pdf-The panel determined that a reasonable person would consider Mr Cassidy’s words or ./Cassidy_D_15327_Web_decision.pdf:actions as set out under allegations 1(a) to 1(g) towards Pupil A was sexually motivated in ./Cassidy_D_15327_Web_decision.pdf-that he tried to kiss her on the lips on more than one occasion and told her that he liked her ./Cassidy_D_15327_Web_decision.pdf-and loved her. ./Cassidy_D_15327_Web_decision.pdf-Mr Cassidy admits in the Statement of Agreed Facts that his conduct in relation to Pupil A ./Cassidy_D_15327_Web_decision.pdf:was sexually motivated. ./Cassidy_D_15327_Web_decision.pdf-The panel therefore find this allegation proven on the balance of probabilities. ./Cassidy_D_15327_Web_decision.pdf- ./Cassidy_D_15327_Web_decision.pdf- ./Cassidy_D_15327_Web_decision.pdf- ./Cassidy_D_15327_Web_decision.pdf- ./Cassidy_D_15327_Web_decision.pdf- 9 ./Cassidy_D_15327_Web_decision.pdf- -- ./Cassidy_D_15327_Web_decision.pdf-  Teachers must have an understanding of, and always act within, the statutory ./Cassidy_D_15327_Web_decision.pdf- frameworks which set out their professional duties and responsibilities. ./Cassidy_D_15327_Web_decision.pdf-Exchanging text messages with Pupil A, hugging her, kissing and attempting to kiss her ./Cassidy_D_15327_Web_decision.pdf-on more than one occasion, and failing to act appropriately when she had apparently ./Cassidy_D_15327_Web_decision.pdf-taken a significant amount of medication, was significantly below the standards expected ./Cassidy_D_15327_Web_decision.pdf-of the profession. The panel is therefore satisfied that the conduct of Mr Cassidy fell ./Cassidy_D_15327_Web_decision.pdf-significantly short of the standards expected of the profession. ./Cassidy_D_15327_Web_decision.pdf- ./Cassidy_D_15327_Web_decision.pdf-The panel has also considered whether Mr Cassidy’s conduct displayed behaviours ./Cassidy_D_15327_Web_decision.pdf-associated with any of the offences listed on pages 8 and 9 of the Advice. The panel has ./Cassidy_D_15327_Web_decision.pdf:found that the offence of sexual activity is potentially relevant. The Advice indicates that ./Cassidy_D_15327_Web_decision.pdf-where behaviours associated with such an offence exist, a panel is likely to conclude that ./Cassidy_D_15327_Web_decision.pdf-an individual’s conduct would amount to unacceptable professional conduct. ./Cassidy_D_15327_Web_decision.pdf- ./Cassidy_D_15327_Web_decision.pdf-Accordingly, the panel is satisfied that Mr Cassidy is guilty of unacceptable professional ./Cassidy_D_15327_Web_decision.pdf-conduct. ./Cassidy_D_15327_Web_decision.pdf- ./Cassidy_D_15327_Web_decision.pdf-The panel has taken into account how the teaching profession is viewed by others and ./Cassidy_D_15327_Web_decision.pdf-considered the influence that teachers may have on pupils, parents and others in the ./Cassidy_D_15327_Web_decision.pdf- ./Cassidy_D_15327_Web_decision.pdf- -- ./Cassidy_D_15327_Web_decision.pdf-given in order to be punitive, or to show that blame has been apportioned, although they ./Cassidy_D_15327_Web_decision.pdf-are likely to have punitive effect. ./Cassidy_D_15327_Web_decision.pdf- ./Cassidy_D_15327_Web_decision.pdf-The panel has considered the particular public interest considerations set out in the ./Cassidy_D_15327_Web_decision.pdf-Advice and having done so has found a number of them to be relevant in this case, ./Cassidy_D_15327_Web_decision.pdf-namely: the protection of pupils, the maintenance of public confidence in the profession, ./Cassidy_D_15327_Web_decision.pdf-declaring and upholding proper standards of conduct. ./Cassidy_D_15327_Web_decision.pdf- ./Cassidy_D_15327_Web_decision.pdf-In light of the panel’s findings against Mr Cassidy, there is a strong public interest ./Cassidy_D_15327_Web_decision.pdf-consideration in respect of the protection of pupils given the serious findings of Mr ./Cassidy_D_15327_Web_decision.pdf:Cassidy’s sexually motivated behaviour towards Pupil A. ./Cassidy_D_15327_Web_decision.pdf- ./Cassidy_D_15327_Web_decision.pdf-Similarly, the panel considers that public confidence in the profession could be seriously ./Cassidy_D_15327_Web_decision.pdf-weakened if conduct such as that found against Mr Cassidy were not treated with the ./Cassidy_D_15327_Web_decision.pdf-utmost seriousness when regulating the conduct of the profession. ./Cassidy_D_15327_Web_decision.pdf- ./Cassidy_D_15327_Web_decision.pdf- 11 ./Cassidy_D_15327_Web_decision.pdf- -- ./Cassidy_D_15327_Web_decision.pdf-Cassidy. The panel took further account of the Advice, which suggests that a prohibition ./Cassidy_D_15327_Web_decision.pdf-order may be appropriate if certain behaviours of a teacher have been proven. In the list ./Cassidy_D_15327_Web_decision.pdf-of such behaviours, those that are relevant in this case are: ./Cassidy_D_15327_Web_decision.pdf- ./Cassidy_D_15327_Web_decision.pdf-  Serious departure from the personal and professional conduct elements of the ./Cassidy_D_15327_Web_decision.pdf- Teachers’ Standards; ./Cassidy_D_15327_Web_decision.pdf-  Misconduct seriously affecting the education and/or well-being of pupils, and ./Cassidy_D_15327_Web_decision.pdf- particularly where there is a continuing risk; ./Cassidy_D_15327_Web_decision.pdf-  Abuse of position or trust (particularly involving vulnerable pupils) or violation of ./Cassidy_D_15327_Web_decision.pdf- the rights of pupils; ./Cassidy_D_15327_Web_decision.pdf:  Sexual misconduct, e.g. involving actions that were sexually motivated or of a ./Cassidy_D_15327_Web_decision.pdf: sexual nature and/or that use or exploit the trust, knowledge or influence derived ./Cassidy_D_15327_Web_decision.pdf- from the individual’s professional position; ./Cassidy_D_15327_Web_decision.pdf-Even though there were behaviours that would point to a prohibition order being ./Cassidy_D_15327_Web_decision.pdf-appropriate, the panel went on to consider whether or not there were sufficient mitigating ./Cassidy_D_15327_Web_decision.pdf-factors to render a prohibition order being an inappropriate and disproportionate measure ./Cassidy_D_15327_Web_decision.pdf-to impose, particularly taking into account the nature and severity of the behaviour in this ./Cassidy_D_15327_Web_decision.pdf-case. ./Cassidy_D_15327_Web_decision.pdf- ./Cassidy_D_15327_Web_decision.pdf-There was no evidence that Mr Cassidy’s behaviour or actions was not deliberate or that ./Cassidy_D_15327_Web_decision.pdf-he was acting under duress. Although there is no independent character evidence ./Cassidy_D_15327_Web_decision.pdf-included in the bundle there is nothing to suggest that Mr Cassidy was anything other -- ./Cassidy_D_15327_Web_decision.pdf-immediate effect. ./Cassidy_D_15327_Web_decision.pdf- ./Cassidy_D_15327_Web_decision.pdf-The panel went on to consider whether or not it would be appropriate for them to decide ./Cassidy_D_15327_Web_decision.pdf-to recommend that a review period of the order should be considered. The panel was ./Cassidy_D_15327_Web_decision.pdf-mindful that the Advice states that a prohibition order applies for life, but there may be ./Cassidy_D_15327_Web_decision.pdf-circumstances in any given case that may make it appropriate to allow a teacher to apply ./Cassidy_D_15327_Web_decision.pdf-to have the prohibition order reviewed after a specified period of time that may not be ./Cassidy_D_15327_Web_decision.pdf-less than 2 years. ./Cassidy_D_15327_Web_decision.pdf- ./Cassidy_D_15327_Web_decision.pdf-The Advice indicates that there are behaviours that, if proven, would militate against a ./Cassidy_D_15327_Web_decision.pdf:review period being recommended. One of these includes “serious sexual misconduct, ./Cassidy_D_15327_Web_decision.pdf:e.g. where the act was sexually motivated and resulted in or had the potential to result in, ./Cassidy_D_15327_Web_decision.pdf-harm to a person or persons, particularly where the individual has used their professional ./Cassidy_D_15327_Web_decision.pdf-position to influence or exploit a person or persons” (page 12 of the Advice). The panel ./Cassidy_D_15327_Web_decision.pdf-has found that Mr Cassidy’s behaviour towards Pupil A, as set out in allegation 1, was ./Cassidy_D_15327_Web_decision.pdf:sexually motivated and that this “…..had the potential to result in, harm to….” Pupil A. As ./Cassidy_D_15327_Web_decision.pdf-a result of this, and in accordance with the Advice, the panel considered a review period ./Cassidy_D_15327_Web_decision.pdf-would not be appropriate in this case, and as such decided that it would be proportionate ./Cassidy_D_15327_Web_decision.pdf-in all the circumstances for the prohibition order to be recommended without provision for ./Cassidy_D_15327_Web_decision.pdf-a review period. ./Cassidy_D_15327_Web_decision.pdf- ./Cassidy_D_15327_Web_decision.pdf- ./Cassidy_D_15327_Web_decision.pdf-Decision and reasons on behalf of the Secretary of State ./Cassidy_D_15327_Web_decision.pdf-I have given very careful consideration to this case and to the recommendation made by ./Cassidy_D_15327_Web_decision.pdf-the panel in respect of both sanction and review period. ./Cassidy_D_15327_Web_decision.pdf- -- ./Cassidy_D_15327_Web_decision.pdf-State. That advice suggests that a prohibition order may be appropriate if certain ./Cassidy_D_15327_Web_decision.pdf-behaviours of a teacher have been proven. In the list of such behaviours, those that are ./Cassidy_D_15327_Web_decision.pdf-relevant in this case are: ./Cassidy_D_15327_Web_decision.pdf- ./Cassidy_D_15327_Web_decision.pdf-  Serious departure from the personal and professional conduct elements of the ./Cassidy_D_15327_Web_decision.pdf- Teachers’ Standards; ./Cassidy_D_15327_Web_decision.pdf-  Misconduct seriously affecting the education and/or well-being of pupils, and ./Cassidy_D_15327_Web_decision.pdf- particularly where there is a continuing risk; ./Cassidy_D_15327_Web_decision.pdf-  Abuse of position or trust (particularly involving vulnerable pupils) or violation of ./Cassidy_D_15327_Web_decision.pdf- the rights of pupils; ./Cassidy_D_15327_Web_decision.pdf:  Sexual misconduct, e.g. involving actions that were sexually motivated or of a ./Cassidy_D_15327_Web_decision.pdf: sexual nature and/or that use or exploit the trust, knowledge or influence derived ./Cassidy_D_15327_Web_decision.pdf- from the individual’s professional position. ./Cassidy_D_15327_Web_decision.pdf-I have taken into account the guidance published by the Secretary of State. I have also ./Cassidy_D_15327_Web_decision.pdf-taken into account the need to be proportionate and to balance the interests of the ./Cassidy_D_15327_Web_decision.pdf-teacher with the interests of the public. ./Cassidy_D_15327_Web_decision.pdf- ./Cassidy_D_15327_Web_decision.pdf-I have taken into account the mitigating factors considered by the panel. I note that the ./Cassidy_D_15327_Web_decision.pdf-panel found there was no evidence that Mr Cassidy’s behaviour or actions were not ./Cassidy_D_15327_Web_decision.pdf-deliberate or that he was acting under duress. ./Cassidy_D_15327_Web_decision.pdf- ./Cassidy_D_15327_Web_decision.pdf-Despite Mr Cassidy’s written representations, expressing his remorse, the panel is of the -- ./Cassidy_D_15327_Web_decision.pdf-Pupil A was a significant factor in forming that opinion. I am also mindful of Mr Cassidy’s ./Cassidy_D_15327_Web_decision.pdf-comments, that in hindsight, he did not consider that he had the “crucial” skills and ./Cassidy_D_15327_Web_decision.pdf-experience to maintain the necessary boundaries, and this had influenced him to leave ./Cassidy_D_15327_Web_decision.pdf-the teaching profession. ./Cassidy_D_15327_Web_decision.pdf- ./Cassidy_D_15327_Web_decision.pdf-I support the recommendation made by the panel. This was a serious case and it is ./Cassidy_D_15327_Web_decision.pdf-proportionate and in the public interest that Mr Cassidy be prohibited from teaching. ./Cassidy_D_15327_Web_decision.pdf- ./Cassidy_D_15327_Web_decision.pdf-I now turn to the matter of a review period. I have taken into account the Advice which ./Cassidy_D_15327_Web_decision.pdf-indicates that there are behaviours that, if proven, would militate against a review period ./Cassidy_D_15327_Web_decision.pdf:being allowed. These behaviours include serious sexual misconduct. For the reasons ./Cassidy_D_15327_Web_decision.pdf:stated above, the panel has found that this was serious sexual misconduct. I therefore ./Cassidy_D_15327_Web_decision.pdf-support the recommendation that there be no review period. ./Cassidy_D_15327_Web_decision.pdf- ./Cassidy_D_15327_Web_decision.pdf-This means that Mr Darren Cassidy is prohibited from teaching indefinitely and ./Cassidy_D_15327_Web_decision.pdf-cannot teach in any school, sixth form college, relevant youth accommodation or ./Cassidy_D_15327_Web_decision.pdf-children’s home in England. Furthermore, in view of the seriousness of the allegations ./Cassidy_D_15327_Web_decision.pdf-found proved against him, I have decided that Mr Cassidy shall not be entitled to apply ./Cassidy_D_15327_Web_decision.pdf-for restoration of his eligibility to teach. ./Cassidy_D_15327_Web_decision.pdf- ./Cassidy_D_15327_Web_decision.pdf-This order takes effect from the date on which it is served on the teacher. ./Cassidy_D_15327_Web_decision.pdf- ./Chambi__Andrew_-_Web_Decision.pdf- iii. discussed snuggling up with her in bed ./Chambi__Andrew_-_Web_Decision.pdf- ./Chambi__Andrew_-_Web_Decision.pdf- iv. asked her what she wore in bed ./Chambi__Andrew_-_Web_Decision.pdf- ./Chambi__Andrew_-_Web_Decision.pdf- v. told her what he wore in bed ./Chambi__Andrew_-_Web_Decision.pdf- ./Chambi__Andrew_-_Web_Decision.pdf- vi. encouraged her to send him a photograph of herself which she did ./Chambi__Andrew_-_Web_Decision.pdf- ./Chambi__Andrew_-_Web_Decision.pdf- vii. sent a picture of himself to her ./Chambi__Andrew_-_Web_Decision.pdf- ./Chambi__Andrew_-_Web_Decision.pdf: 3. His actions as set out at 1 above were sexually motivated. ./Chambi__Andrew_-_Web_Decision.pdf- ./Chambi__Andrew_-_Web_Decision.pdf-Mr Chambi admits the facts of allegation 1 and denies the facts of allegation 3. Mr ./Chambi__Andrew_-_Web_Decision.pdf-Chambi does not admit unacceptable professional conduct or conduct likely to bring the ./Chambi__Andrew_-_Web_Decision.pdf-profession into disrepute in respect of the allegations. ./Chambi__Andrew_-_Web_Decision.pdf- ./Chambi__Andrew_-_Web_Decision.pdf- ./Chambi__Andrew_-_Web_Decision.pdf-C. Preliminary applications ./Chambi__Andrew_-_Web_Decision.pdf-The panel considered an application from the presenting officer to proceed in the ./Chambi__Andrew_-_Web_Decision.pdf-absence of Mr Chambi. ./Chambi__Andrew_-_Web_Decision.pdf- -- ./Chambi__Andrew_-_Web_Decision.pdf- ./Chambi__Andrew_-_Web_Decision.pdf- ./Chambi__Andrew_-_Web_Decision.pdf-E. Decision and reasons ./Chambi__Andrew_-_Web_Decision.pdf-The panel announced its decision and reasons as follows: ./Chambi__Andrew_-_Web_Decision.pdf- ./Chambi__Andrew_-_Web_Decision.pdf-Mr Chambi had been employed at Kingsford Community School (“the School”) from 2009 ./Chambi__Andrew_-_Web_Decision.pdf-to 2016 as a science teacher, save for a short period in 2012 when he was employed by ./Chambi__Andrew_-_Web_Decision.pdf-a university on a part-time basis. ./Chambi__Andrew_-_Web_Decision.pdf- ./Chambi__Andrew_-_Web_Decision.pdf-In December 2015, Mr Chambi is alleged to have met Child A on Whisper, a social ./Chambi__Andrew_-_Web_Decision.pdf:networking platform. It is then alleged that he sent inappropriate, sexually motivated ./Chambi__Andrew_-_Web_Decision.pdf-messages to Child A via WhatsApp. ./Chambi__Andrew_-_Web_Decision.pdf- ./Chambi__Andrew_-_Web_Decision.pdf-Findings of fact ./Chambi__Andrew_-_Web_Decision.pdf-The panel has found the following particulars of the allegations against you proven, for ./Chambi__Andrew_-_Web_Decision.pdf-these reasons: ./Chambi__Andrew_-_Web_Decision.pdf- ./Chambi__Andrew_-_Web_Decision.pdf-1. In relation to Child A (DOB 18.04.99) you: ./Chambi__Andrew_-_Web_Decision.pdf- ./Chambi__Andrew_-_Web_Decision.pdf- a. communicated with her via social media including WhatsApp when she ./Chambi__Andrew_-_Web_Decision.pdf- was around 15 years old -- ./Chambi__Andrew_-_Web_Decision.pdf- The panel considered a series of WhatsApp messages in which Child A requested ./Chambi__Andrew_-_Web_Decision.pdf- a photograph from Mr Chambi and he suggested that they swap photographs. The ./Chambi__Andrew_-_Web_Decision.pdf- panel was satisfied that this initial exchange of photographs took place before Mr ./Chambi__Andrew_-_Web_Decision.pdf- Chambi was aware of Child A’s age. The panel also noted that the photographs ./Chambi__Andrew_-_Web_Decision.pdf- which were swapped were not indecent. ./Chambi__Andrew_-_Web_Decision.pdf- ./Chambi__Andrew_-_Web_Decision.pdf- The panel found that Mr Chambi’s admission was consistent with the evidence ./Chambi__Andrew_-_Web_Decision.pdf- and found allegation 1.b.vii. proven on the balance of probabilities. ./Chambi__Andrew_-_Web_Decision.pdf- ./Chambi__Andrew_-_Web_Decision.pdf:3. Your actions as set out at 1 above were sexually motivated. ./Chambi__Andrew_-_Web_Decision.pdf- ./Chambi__Andrew_-_Web_Decision.pdf- The panel considered whether on the balance of probabilities reasonable persons ./Chambi__Andrew_-_Web_Decision.pdf: would think the words and actions found proven could be sexual. The panel then ./Chambi__Andrew_-_Web_Decision.pdf- considered whether, in all the circumstances of the conduct in the case, it was ./Chambi__Andrew_-_Web_Decision.pdf- more likely than not that the teacher’s purpose of such words and actions was ./Chambi__Andrew_-_Web_Decision.pdf: sexual. ./Chambi__Andrew_-_Web_Decision.pdf- ./Chambi__Andrew_-_Web_Decision.pdf: The panel considered whether, even in the absence of any direct evidence, sexual ./Chambi__Andrew_-_Web_Decision.pdf- motivation should be inferred from all the circumstances of the case. The panel ./Chambi__Andrew_-_Web_Decision.pdf- was reminded to have in mind the evidence of the teacher’s character and ./Chambi__Andrew_-_Web_Decision.pdf- considered whether any such evidence had any bearing on the teacher’s ./Chambi__Andrew_-_Web_Decision.pdf- credibility or propensity to have carried out the alleged facts or to the ./Chambi__Andrew_-_Web_Decision.pdf- circumstances in which the teacher found himself. ./Chambi__Andrew_-_Web_Decision.pdf- ./Chambi__Andrew_-_Web_Decision.pdf: Mr Chambi denied sexual motivation in his written evidence. ./Chambi__Andrew_-_Web_Decision.pdf- ./Chambi__Andrew_-_Web_Decision.pdf- The panel went on to consider the WhatsApp messages exchanged by Child A ./Chambi__Andrew_-_Web_Decision.pdf- and Mr Chambi after he became aware that Child A was 15 years old. The panel ./Chambi__Andrew_-_Web_Decision.pdf: found a number of his messages to Child A were sexually suggestive including ./Chambi__Andrew_-_Web_Decision.pdf- asking Child A how she could keep him warm if she was with him and requesting ./Chambi__Andrew_-_Web_Decision.pdf- to see Child A in her t-shirt and underwear. There were also a number of ./Chambi__Andrew_-_Web_Decision.pdf- suggestions from Mr Chambi that he and Child A should ‘snuggle’ with each other. ./Chambi__Andrew_-_Web_Decision.pdf- Mr Chambi went further in saying, “Maybe some bed time exercises to warm up a ./Chambi__Andrew_-_Web_Decision.pdf- little. ;) xxx.” ./Chambi__Andrew_-_Web_Decision.pdf- ./Chambi__Andrew_-_Web_Decision.pdf- The panel was particularly concerned that Mr Chambi appeared to be using his ./Chambi__Andrew_-_Web_Decision.pdf- role as a teacher to develop a relationship with Child A. Child A used revision as a ./Chambi__Andrew_-_Web_Decision.pdf- reason not to meet with Mr Chambi. Mr Chambi responded by offering to help ./Chambi__Andrew_-_Web_Decision.pdf- Child A with her revision, commenting that he was a teacher and, “I could get you ./Chambi__Andrew_-_Web_Decision.pdf- a good grade actually! ;)” ./Chambi__Andrew_-_Web_Decision.pdf- ./Chambi__Andrew_-_Web_Decision.pdf- The panel considered that there was no credible, alternative explanation for the ./Chambi__Andrew_-_Web_Decision.pdf: messages sent by Mr Chambi to Child A other than sexual motivation. Taking into ./Chambi__Andrew_-_Web_Decision.pdf- ./Chambi__Andrew_-_Web_Decision.pdf- ./Chambi__Andrew_-_Web_Decision.pdf- 9 ./Chambi__Andrew_-_Web_Decision.pdf- -- ./Chambi__Andrew_-_Web_Decision.pdf: account all of the available evidence, the panel therefore found sexual motivation ./Chambi__Andrew_-_Web_Decision.pdf- proven on the balance of probabilities. ./Chambi__Andrew_-_Web_Decision.pdf- ./Chambi__Andrew_-_Web_Decision.pdf- ./Chambi__Andrew_-_Web_Decision.pdf- ./Chambi__Andrew_-_Web_Decision.pdf- ./Chambi__Andrew_-_Web_Decision.pdf-Findings as to unacceptable professional conduct and/or conduct that ./Chambi__Andrew_-_Web_Decision.pdf-may bring the profession into disrepute ./Chambi__Andrew_-_Web_Decision.pdf-Having found the allegations to have been proven, the panel has gone on to consider ./Chambi__Andrew_-_Web_Decision.pdf-whether the facts of those proven allegations amount to unacceptable professional ./Chambi__Andrew_-_Web_Decision.pdf-conduct and/or conduct that may bring the profession into disrepute. -- ./Chambi__Andrew_-_Web_Decision.pdf- o treating pupils with dignity, building relationships rooted in mutual respect, and ./Chambi__Andrew_-_Web_Decision.pdf- at all times observing proper boundaries appropriate to a teacher’s ./Chambi__Andrew_-_Web_Decision.pdf- professional position ./Chambi__Andrew_-_Web_Decision.pdf- o having regard for the need to safeguard pupils’ well-being, in accordance with ./Chambi__Andrew_-_Web_Decision.pdf- statutory provisions ./Chambi__Andrew_-_Web_Decision.pdf-The panel is satisfied that the conduct of Mr Chambi amounts to misconduct of a serious ./Chambi__Andrew_-_Web_Decision.pdf-nature which fell significantly short of the standards expected of the profession. ./Chambi__Andrew_-_Web_Decision.pdf- ./Chambi__Andrew_-_Web_Decision.pdf-The panel has also considered whether Mr Chambi’s conduct displayed behaviours ./Chambi__Andrew_-_Web_Decision.pdf-associated with any of the offences listed on pages 8 and 9 of the Advice and has found ./Chambi__Andrew_-_Web_Decision.pdf:that the offences of sexual activity and attempting to obtain an indecent photograph from ./Chambi__Andrew_-_Web_Decision.pdf-a child are relevant. ./Chambi__Andrew_-_Web_Decision.pdf- ./Chambi__Andrew_-_Web_Decision.pdf-The Advice indicates that where behaviours associated with such an offence exist, a ./Chambi__Andrew_-_Web_Decision.pdf-panel is likely to conclude that an individual’s conduct would amount to unacceptable ./Chambi__Andrew_-_Web_Decision.pdf-professional conduct. ./Chambi__Andrew_-_Web_Decision.pdf- ./Chambi__Andrew_-_Web_Decision.pdf-The panel notes that the allegations took place outside of the education setting and at the ./Chambi__Andrew_-_Web_Decision.pdf-start of the communications, Mr Chambi was not aware of Child A’s age. However the ./Chambi__Andrew_-_Web_Decision.pdf-panel went on to consider that Mr Chambi continued to engage in conversation with Child ./Chambi__Andrew_-_Web_Decision.pdf-A after he became aware of her age. This conversation included repeated attempts by Mr ./Chambi__Andrew_-_Web_Decision.pdf:Chambi to meet Child A and sexually suggestive messages. Had this behaviour ./Chambi__Andrew_-_Web_Decision.pdf-continued, it would have had a significant, negative impact on Child A. ./Chambi__Andrew_-_Web_Decision.pdf- ./Chambi__Andrew_-_Web_Decision.pdf- ./Chambi__Andrew_-_Web_Decision.pdf- 10 ./Chambi__Andrew_-_Web_Decision.pdf- -- ./Chambi__Andrew_-_Web_Decision.pdf-should be made, the panel has to consider whether it is an appropriate and proportionate ./Chambi__Andrew_-_Web_Decision.pdf-measure, and whether it is in the public interest to do so. Prohibition orders should not be ./Chambi__Andrew_-_Web_Decision.pdf-given in order to be punitive, or to show that blame has been apportioned, although they ./Chambi__Andrew_-_Web_Decision.pdf-are likely to have a punitive effect. ./Chambi__Andrew_-_Web_Decision.pdf- ./Chambi__Andrew_-_Web_Decision.pdf-The panel has noted the particular public interest considerations set out in the Advice ./Chambi__Andrew_-_Web_Decision.pdf-and having done so has found a number of them to be relevant in this case, namely the ./Chambi__Andrew_-_Web_Decision.pdf-maintenance of public confidence in the profession, and declaring and upholding proper ./Chambi__Andrew_-_Web_Decision.pdf-standards of conduct. ./Chambi__Andrew_-_Web_Decision.pdf- ./Chambi__Andrew_-_Web_Decision.pdf:The panel’s findings against Mr Chambi involved sexually motivated conversations on ./Chambi__Andrew_-_Web_Decision.pdf-WhatsApp with a child aged 15 years old. The panel considers that public confidence in ./Chambi__Andrew_-_Web_Decision.pdf-the profession could be seriously weakened if conduct such as that found against Mr ./Chambi__Andrew_-_Web_Decision.pdf-Chambi were not treated with the utmost seriousness when regulating the conduct of the ./Chambi__Andrew_-_Web_Decision.pdf-profession. ./Chambi__Andrew_-_Web_Decision.pdf- ./Chambi__Andrew_-_Web_Decision.pdf-The panel found there was a strong public interest in declaring proper standards of ./Chambi__Andrew_-_Web_Decision.pdf-conduct in the profession as the conduct found against Mr Chambi was outside that ./Chambi__Andrew_-_Web_Decision.pdf-which could reasonably be tolerated. ./Chambi__Andrew_-_Web_Decision.pdf- ./Chambi__Andrew_-_Web_Decision.pdf-In view of the clear public interest considerations that were present, the panel considered -- ./Chambi__Andrew_-_Web_Decision.pdf-In carrying out the balancing exercise the panel has noted the public interest ./Chambi__Andrew_-_Web_Decision.pdf-considerations both in favour of and against prohibition as well as the interests of Mr ./Chambi__Andrew_-_Web_Decision.pdf-Chambi. The panel took further account of the Advice, which suggests that a prohibition ./Chambi__Andrew_-_Web_Decision.pdf-order may be appropriate if certain behaviours of a teacher have been proven. In the list ./Chambi__Andrew_-_Web_Decision.pdf-of such behaviours, those that are relevant in this case are: ./Chambi__Andrew_-_Web_Decision.pdf- ./Chambi__Andrew_-_Web_Decision.pdf-  serious departure from the personal and professional conduct elements of the ./Chambi__Andrew_-_Web_Decision.pdf- Teachers’ Standards ./Chambi__Andrew_-_Web_Decision.pdf:  sexual misconduct, eg involving actions that were sexually motivated or of a ./Chambi__Andrew_-_Web_Decision.pdf: sexual nature ./Chambi__Andrew_-_Web_Decision.pdf-Even though there were behaviours that would point to the appropriateness of a ./Chambi__Andrew_-_Web_Decision.pdf-prohibition order, the panel went on to consider whether or not there were sufficient ./Chambi__Andrew_-_Web_Decision.pdf-mitigating factors to militate against the appropriateness and proportionality of the ./Chambi__Andrew_-_Web_Decision.pdf-imposition of a prohibition order, particularly taking into account the nature and severity of ./Chambi__Andrew_-_Web_Decision.pdf-the behaviour in this case. ./Chambi__Andrew_-_Web_Decision.pdf- ./Chambi__Andrew_-_Web_Decision.pdf-The panel was not provided with any evidence to show that the teacher’s actions were ./Chambi__Andrew_-_Web_Decision.pdf-not deliberate and there was also no evidence to suggest that the teacher was acting ./Chambi__Andrew_-_Web_Decision.pdf-under duress. The panel did find that the teacher had a previously good history although ./Chambi__Andrew_-_Web_Decision.pdf-it did not have the benefit of any character references from the teacher. -- ./Chambi__Andrew_-_Web_Decision.pdf-the panel is sufficient. ./Chambi__Andrew_-_Web_Decision.pdf- ./Chambi__Andrew_-_Web_Decision.pdf-The panel is of the view that, applying the standard of the ordinary intelligent citizen, ./Chambi__Andrew_-_Web_Decision.pdf-recommending no prohibition order is not a proportionate and appropriate response. ./Chambi__Andrew_-_Web_Decision.pdf-Recommending that publication of adverse findings is sufficient in the case would ./Chambi__Andrew_-_Web_Decision.pdf-unacceptably compromise the public interest considerations present in this case, despite ./Chambi__Andrew_-_Web_Decision.pdf-the severity of consequences for the teacher of prohibition. ./Chambi__Andrew_-_Web_Decision.pdf- ./Chambi__Andrew_-_Web_Decision.pdf-The panel is of the view that prohibition is both proportionate and appropriate. The panel ./Chambi__Andrew_-_Web_Decision.pdf-has decided that the public interest outweighs the interests of Mr Chambi. Mr Chambi’s ./Chambi__Andrew_-_Web_Decision.pdf:sexually motivated actions in messaging Child A when he knew she was 15 years old ./Chambi__Andrew_-_Web_Decision.pdf-were totally inappropriate. Accordingly, the panel makes a recommendation to the ./Chambi__Andrew_-_Web_Decision.pdf-Secretary of State that a prohibition order should be imposed with immediate effect. ./Chambi__Andrew_-_Web_Decision.pdf- ./Chambi__Andrew_-_Web_Decision.pdf-The panel went on to consider whether or not it would be appropriate to decide to ./Chambi__Andrew_-_Web_Decision.pdf-recommend that a review period of the order should be considered. The panel was ./Chambi__Andrew_-_Web_Decision.pdf-mindful that the Advice states that a prohibition order applies for life, but there may be ./Chambi__Andrew_-_Web_Decision.pdf-circumstances in any given case that may make it appropriate to allow a teacher to apply ./Chambi__Andrew_-_Web_Decision.pdf-to have the prohibition order reviewed after a specified period of time that may not be ./Chambi__Andrew_-_Web_Decision.pdf-less than 2 years. ./Chambi__Andrew_-_Web_Decision.pdf- -- ./Chambi__Andrew_-_Web_Decision.pdf-The Advice indicates that there are behaviours that, if proven, would militate against the ./Chambi__Andrew_-_Web_Decision.pdf:recommendation of a review period. One of these is serious sexual misconduct, eg ./Chambi__Andrew_-_Web_Decision.pdf:where the act was sexually motivated and resulted in or had the potential to result in, ./Chambi__Andrew_-_Web_Decision.pdf-harm to a person or persons, particularly where the individual has used their professional ./Chambi__Andrew_-_Web_Decision.pdf-position to influence or exploit a person or persons. The panel found that Mr Chambi sent ./Chambi__Andrew_-_Web_Decision.pdf:a number of sexually motivated messages to Child A. The panel found that whilst this ./Chambi__Andrew_-_Web_Decision.pdf-behaviour was serious, it was limited to a two day period in January 2015 and there was ./Chambi__Andrew_-_Web_Decision.pdf-no evidence that Mr Chambi had engaged in similar behaviour previously. Therefore the ./Chambi__Andrew_-_Web_Decision.pdf-panel did not find that Mr Chambi’s actions were at the most serious end of the scale. ./Chambi__Andrew_-_Web_Decision.pdf- ./Chambi__Andrew_-_Web_Decision.pdf-Mr Chambi did admit that his actions were inappropriate given Child A’s age. The panel ./Chambi__Andrew_-_Web_Decision.pdf-was not satisfied, however, that Mr Chambi showed sufficient insight into his actions. ./Chambi__Andrew_-_Web_Decision.pdf- ./Chambi__Andrew_-_Web_Decision.pdf-The panel felt the findings indicated a situation in which a review period would be ./Chambi__Andrew_-_Web_Decision.pdf-appropriate and as such decided that it would be proportionate in all the circumstances ./Chambi__Andrew_-_Web_Decision.pdf-for the prohibition order to be recommended with provision for a review period after 5 -- ./Chambi__Andrew_-_Web_Decision.pdf-The panel has also considered whether Mr Chambi’s conduct displayed behaviours ./Chambi__Andrew_-_Web_Decision.pdf-associated with any of the offences listed on pages 8 and 9 of the Advice and has found ./Chambi__Andrew_-_Web_Decision.pdf:that the offences of sexual activity and attempting to obtain an indecent photograph from ./Chambi__Andrew_-_Web_Decision.pdf-a child are relevant. ./Chambi__Andrew_-_Web_Decision.pdf- ./Chambi__Andrew_-_Web_Decision.pdf:The findings of misconduct are particularly serious as they include a finding of sexual ./Chambi__Andrew_-_Web_Decision.pdf-activity and a finding of attempting to obtain an indecent photograph from a child. ./Chambi__Andrew_-_Web_Decision.pdf- ./Chambi__Andrew_-_Web_Decision.pdf-I have to determine whether the imposition of a prohibition order is proportionate and in ./Chambi__Andrew_-_Web_Decision.pdf-the public interest. In considering that for this case I have considered the overall aim of a ./Chambi__Andrew_-_Web_Decision.pdf-prohibition order which is to protect pupils and to maintain public confidence in the ./Chambi__Andrew_-_Web_Decision.pdf-profession. I have considered the extent to which a prohibition order in this case would ./Chambi__Andrew_-_Web_Decision.pdf-achieve that aim taking into account the impact that it will have on the individual teacher. ./Chambi__Andrew_-_Web_Decision.pdf-I have also asked myself whether or not a less intrusive measure, such as the published ./Chambi__Andrew_-_Web_Decision.pdf-finding of unacceptable professional conduct and conduct that may bring the profession ./Chambi__Andrew_-_Web_Decision.pdf-into disrepute, would itself be sufficient to achieve the overall aim. I have to consider ./Chambi__Andrew_-_Web_Decision.pdf-whether the consequences of such a publication are themselves sufficient. I have ./Chambi__Andrew_-_Web_Decision.pdf-considered therefore whether or not prohibiting Mr Chambi and the impact that will have ./Chambi__Andrew_-_Web_Decision.pdf-on him, is proportionate. ./Chambi__Andrew_-_Web_Decision.pdf- ./Chambi__Andrew_-_Web_Decision.pdf-In this case I have considered the extent to which a prohibition order would protect ./Chambi__Andrew_-_Web_Decision.pdf-children. The panel has observed, “…Mr Chambi continued to engage in conversation ./Chambi__Andrew_-_Web_Decision.pdf-with Child A after he became aware of her age. This conversation included repeated ./Chambi__Andrew_-_Web_Decision.pdf:attempts by Mr Chambi to meet Child A and sexually suggestive messages. Had this ./Chambi__Andrew_-_Web_Decision.pdf-behaviour continued, it would have had a significant, negative impact on Child A. “ ./Chambi__Andrew_-_Web_Decision.pdf- ./Chambi__Andrew_-_Web_Decision.pdf-A prohibition order would therefore prevent such a risk from being present. I have also ./Chambi__Andrew_-_Web_Decision.pdf-taken into account the panel’s comments on insight and remorse which the panel sets ./Chambi__Andrew_-_Web_Decision.pdf-out as follows, “ Mr Chambi did admit that his actions were inappropriate given Child A’s ./Chambi__Andrew_-_Web_Decision.pdf-age. The panel was not satisfied, however, that Mr Chambi showed sufficient insight into ./Chambi__Andrew_-_Web_Decision.pdf-his actions.” ./Chambi__Andrew_-_Web_Decision.pdf- ./Chambi__Andrew_-_Web_Decision.pdf-In my judgement the lack of insight means that there is some risk of the repetition of this ./Chambi__Andrew_-_Web_Decision.pdf-behaviour and this risks the future well being of children. I have therefore given this ./Chambi__Andrew_-_Web_Decision.pdf-element considerable weight in reaching my decision. ./Chambi__Andrew_-_Web_Decision.pdf- ./Chambi__Andrew_-_Web_Decision.pdf-I have gone on to consider the extent to which a prohibition order would maintain public ./Chambi__Andrew_-_Web_Decision.pdf-confidence in the profession. The panel observe, “ The findings of misconduct are ./Chambi__Andrew_-_Web_Decision.pdf-serious and the conduct displayed would likely have a negative impact on the individual’s ./Chambi__Andrew_-_Web_Decision.pdf-status as a teacher, potentially damaging the public perception. “ ./Chambi__Andrew_-_Web_Decision.pdf- ./Chambi__Andrew_-_Web_Decision.pdf:I am particularly mindful of the finding of sexual misconduct in this case and the impact ./Chambi__Andrew_-_Web_Decision.pdf-that such a finding has on the reputation of the profession. ./Chambi__Andrew_-_Web_Decision.pdf- ./Chambi__Andrew_-_Web_Decision.pdf-I have had to consider that the public has a high expectation of professional standards of ./Chambi__Andrew_-_Web_Decision.pdf-all teachers and that failure to impose a prohibition order might be regarded by the public ./Chambi__Andrew_-_Web_Decision.pdf- ./Chambi__Andrew_-_Web_Decision.pdf- 14 ./Chambi__Andrew_-_Web_Decision.pdf- -- ./Chambi__Andrew_-_Web_Decision.pdf-prohibition order would prevent Mr Chambi from teaching and would also clearly deprive ./Chambi__Andrew_-_Web_Decision.pdf-the public of his contribution to the profession for the period that it is in force. ./Chambi__Andrew_-_Web_Decision.pdf- ./Chambi__Andrew_-_Web_Decision.pdf-In this case I have placed considerable weight on the panel’s comments concerning the ./Chambi__Andrew_-_Web_Decision.pdf-lack of insight. I have also noted that the panel has said, “ The panel found that whilst ./Chambi__Andrew_-_Web_Decision.pdf-this behaviour was serious, it was limited to a two day period in January 2015 and there ./Chambi__Andrew_-_Web_Decision.pdf-was no evidence that Mr Chambi had engaged in similar behaviour previously. Therefore ./Chambi__Andrew_-_Web_Decision.pdf-the panel did not find that Mr Chambi’s actions were at the most serious end of the ./Chambi__Andrew_-_Web_Decision.pdf-scale.” ./Chambi__Andrew_-_Web_Decision.pdf- ./Chambi__Andrew_-_Web_Decision.pdf:The panel has nonetheless found that Mr Chambi “sent a number of sexually motivated ./Chambi__Andrew_-_Web_Decision.pdf-messages to Child A.” I am also concerned that even when he had discovered that ./Chambi__Andrew_-_Web_Decision.pdf-Child A was 15 years old that Mr Chambi, “ continued to engage in conversation with ./Chambi__Andrew_-_Web_Decision.pdf-Child A after he became aware of her age. This conversation included repeated attempts ./Chambi__Andrew_-_Web_Decision.pdf:by Mr Chambi to meet Child A and sexually suggestive messages. Had this behaviour ./Chambi__Andrew_-_Web_Decision.pdf-continued, it would have had a significant, negative impact on Child A. “ ./Chambi__Andrew_-_Web_Decision.pdf- ./Chambi__Andrew_-_Web_Decision.pdf-I have noted ther panel’s reflections on Mr Chambi’s contribution as a teacher. They say, ./Chambi__Andrew_-_Web_Decision.pdf-“The panel did find that the teacher had a previously good history although it did not have ./Chambi__Andrew_-_Web_Decision.pdf-the benefit of any character references from the teacher.” ./Chambi__Andrew_-_Web_Decision.pdf- ./Chambi__Andrew_-_Web_Decision.pdf-I have given less weight in my consideration of sanction therefore, to the contribution that ./Chambi__Andrew_-_Web_Decision.pdf-Mr Chambi has made and is making to the profession. In my view it is necessary to ./Chambi__Andrew_-_Web_Decision.pdf-impose a prohibition order in order to maintain public confidence in the profession. A ./Chambi__Andrew_-_Web_Decision.pdf-published decision that is not backed up by remorse or insight does not in my view satisfy -- ./Chambi__Andrew_-_Web_Decision.pdf-that Mr Chambi had engaged in similar behaviour previously. Therefore the panel did not ./Chambi__Andrew_-_Web_Decision.pdf-find that Mr Chambi’s actions were at the most serious end of the scale. I have also ./Chambi__Andrew_-_Web_Decision.pdf-considered the findings of the panel that they set out and which say, “The panel was ./Chambi__Andrew_-_Web_Decision.pdf-particularly concerned that Mr Chambi appeared to be using his role as a teacher to ./Chambi__Andrew_-_Web_Decision.pdf-develop a relationship with Child A. Child A used revision as a reason not to meet with Mr ./Chambi__Andrew_-_Web_Decision.pdf-Chambi. Mr Chambi responded by offering to help Child A with her revision, commenting ./Chambi__Andrew_-_Web_Decision.pdf-that he was a teacher and, “I could get you a good grade actually! ;)” ./Chambi__Andrew_-_Web_Decision.pdf- ./Chambi__Andrew_-_Web_Decision.pdf-In addition the panel say, “The panel went on to consider the WhatsApp messages ./Chambi__Andrew_-_Web_Decision.pdf-exchanged by Child A and Mr Chambi after he became aware that Child A was 15 years ./Chambi__Andrew_-_Web_Decision.pdf:old. The panel found a number of his messages to Child A were sexually suggestive ./Chambi__Andrew_-_Web_Decision.pdf-including asking Child A how she could keep him warm if she was with him and ./Chambi__Andrew_-_Web_Decision.pdf-requesting to see Child A in her t-shirt and underwear.” ./Chambi__Andrew_-_Web_Decision.pdf- ./Chambi__Andrew_-_Web_Decision.pdf-Although I recognise that the photos exchanged were not indecent, nonetheless Mr ./Chambi__Andrew_-_Web_Decision.pdf-Chambi continued to seek such photographs even after he knew that Child A was 15. ./Chambi__Andrew_-_Web_Decision.pdf-Indeed the panel has found that, “ attempting to obtain an indecent photograph from a ./Chambi__Andrew_-_Web_Decision.pdf-child are relevant.” ./Chambi__Andrew_-_Web_Decision.pdf- ./Chambi__Andrew_-_Web_Decision.pdf-I have noted the comments of the panel, “ The panel felt the findings indicated a situation ./Chambi__Andrew_-_Web_Decision.pdf-in which a review period would be appropriate and as such decided that it would be -- ./Chambi__Andrew_-_Web_Decision.pdf-the findings and is a proportionate period to achieve the aim of maintaining public ./Chambi__Andrew_-_Web_Decision.pdf-confidence in the profession. In this case, there are three factors that in my view mean ./Chambi__Andrew_-_Web_Decision.pdf-that a five year review period is not sufficient to achieve the aim of maintaining public ./Chambi__Andrew_-_Web_Decision.pdf-confidence in the profession. These elements are; the fact that even once he knew that ./Chambi__Andrew_-_Web_Decision.pdf-Child A was 15, Mr Chambi still sought a photograph of Child A, “ in her t-shirt and ./Chambi__Andrew_-_Web_Decision.pdf-underwear”; that even after he knew that Child A was 15 he continued to say, “ Maybe ./Chambi__Andrew_-_Web_Decision.pdf-some bed time exercises to warm up a little. ;) xxx.”; and that he did not show sufficient ./Chambi__Andrew_-_Web_Decision.pdf-insight. ./Chambi__Andrew_-_Web_Decision.pdf- ./Chambi__Andrew_-_Web_Decision.pdf-I have looked carefully at the guidance published by the Secretary of State and in my ./Chambi__Andrew_-_Web_Decision.pdf:view this case falls clearly within the guidance concerning sexual misconduct, as the ./Chambi__Andrew_-_Web_Decision.pdf-panel themselves say, “ Had this behaviour continued, it would have had a significant, ./Chambi__Andrew_-_Web_Decision.pdf-negative impact on Child A. “ ./Chambi__Andrew_-_Web_Decision.pdf- ./Chambi__Andrew_-_Web_Decision.pdf- ./Chambi__Andrew_-_Web_Decision.pdf- ./Chambi__Andrew_-_Web_Decision.pdf- 16 ./Chambi__Andrew_-_Web_Decision.pdf- -- ./Chambi__Andrew_-_Web_Decision.pdf-The panel also say that Mr Chambi’s, “ conversation included repeated attempts by Mr ./Chambi__Andrew_-_Web_Decision.pdf:Chambi to meet Child A and sexually suggestive messages.” ./Chambi__Andrew_-_Web_Decision.pdf- ./Chambi__Andrew_-_Web_Decision.pdf-For these reasons therefore I consider therefore that a prohibition order in this case ./Chambi__Andrew_-_Web_Decision.pdf-should not allow for a review period. In my view that is necessary to satisfy the ./Chambi__Andrew_-_Web_Decision.pdf-maintenance of public confidence in the profession. ./Chambi__Andrew_-_Web_Decision.pdf- ./Chambi__Andrew_-_Web_Decision.pdf-This means that Mr Andrew Chambi is prohibited from teaching indefinitely and ./Chambi__Andrew_-_Web_Decision.pdf-cannot teach in any school, sixth form college, relevant youth accommodation or ./Chambi__Andrew_-_Web_Decision.pdf-children’s home in England. Furthermore, in view of the seriousness of the allegations ./Chambi__Andrew_-_Web_Decision.pdf-found proved against him, I have decided that Mr Andrew Chambi shall not be entitled to ./Chambi__Andrew_-_Web_Decision.pdf-apply for restoration of his eligibility to teach. ./Clemenson__Peter-_Web_Decision__14697__November_2016.pdf-B. Allegations ./Clemenson__Peter-_Web_Decision__14697__November_2016.pdf-The panel considered the allegations set out in the Notice of Proceedings dated 16 ./Clemenson__Peter-_Web_Decision__14697__November_2016.pdf-September 2016. ./Clemenson__Peter-_Web_Decision__14697__November_2016.pdf- ./Clemenson__Peter-_Web_Decision__14697__November_2016.pdf-It is alleged that Mr Clemenson is guilty of having been convicted of a relevant offence, in ./Clemenson__Peter-_Web_Decision__14697__November_2016.pdf-that: ./Clemenson__Peter-_Web_Decision__14697__November_2016.pdf- ./Clemenson__Peter-_Web_Decision__14697__November_2016.pdf: 1. On 11 October 2007, at South East Essex Magistrates Court he was convicted of ./Clemenson__Peter-_Web_Decision__14697__November_2016.pdf- failing to provide a specimen for analysis (driving or attempting to drive) on 26 ./Clemenson__Peter-_Web_Decision__14697__November_2016.pdf- September 2007 contrary to the Road Traffic Act 1988 s.7(6). He was sentenced ./Clemenson__Peter-_Web_Decision__14697__November_2016.pdf- to disqualification from driving for two years (disqualification reduced by six ./Clemenson__Peter-_Web_Decision__14697__November_2016.pdf- months if by 11 February 2009 he had completed a rehabilitation course). He was ./Clemenson__Peter-_Web_Decision__14697__November_2016.pdf- fined £500 and ordered to pay costs of £95; ./Clemenson__Peter-_Web_Decision__14697__November_2016.pdf- ./Clemenson__Peter-_Web_Decision__14697__November_2016.pdf: 2. On 11 October 2007, at South East Essex Magistrates Court, he was convicted of ./Clemenson__Peter-_Web_Decision__14697__November_2016.pdf- failing to stop after an accident on 26 September 2007 contrary to the Road Traffic ./Clemenson__Peter-_Web_Decision__14697__November_2016.pdf- Act 1988 s.170(4). He was fined £250 and his driving licence was endorsed; ./Clemenson__Peter-_Web_Decision__14697__November_2016.pdf- ./Clemenson__Peter-_Web_Decision__14697__November_2016.pdf: 3. On 3 September 2012, at South Essex Magistrates Court he was convicted of ./Clemenson__Peter-_Web_Decision__14697__November_2016.pdf- driving a motor vehicle with excess alcohol on 7 June 2012 contrary to the Road ./Clemenson__Peter-_Web_Decision__14697__November_2016.pdf- Traffic Act 1988 s.5(1)(a). He was sentenced to disqualification from driving for ./Clemenson__Peter-_Web_Decision__14697__November_2016.pdf- three years, fined £450 and his driving licence was endorsed. He was ordered to ./Clemenson__Peter-_Web_Decision__14697__November_2016.pdf- pay costs of £85 and a victim surcharge of £15; ./Clemenson__Peter-_Web_Decision__14697__November_2016.pdf- ./Clemenson__Peter-_Web_Decision__14697__November_2016.pdf- 4. On 6 March 2015, at Basildon Crown Court, he was convicted of possession of a ./Clemenson__Peter-_Web_Decision__14697__November_2016.pdf- knife blade/sharp pointed article in a public place on 15 July 2014 contrary to the ./Clemenson__Peter-_Web_Decision__14697__November_2016.pdf- Criminal Justice Act 1988 s.139(1). On 1 April 2015 he was sentenced to ./Clemenson__Peter-_Web_Decision__14697__November_2016.pdf- imprisonment of eight weeks and ordered to pay a victim surcharge of £80 and ./Clemenson__Peter-_Web_Decision__14697__November_2016.pdf- costs of £500; and -- ./Clemenson__Peter-_Web_Decision__14697__November_2016.pdf- ./Clemenson__Peter-_Web_Decision__14697__November_2016.pdf- ./Clemenson__Peter-_Web_Decision__14697__November_2016.pdf-E. Decision and reasons ./Clemenson__Peter-_Web_Decision__14697__November_2016.pdf-The panel announced its decision and reasons as follows: ./Clemenson__Peter-_Web_Decision__14697__November_2016.pdf- ./Clemenson__Peter-_Web_Decision__14697__November_2016.pdf-We have carefully considered the case before us and have reached a decision. ./Clemenson__Peter-_Web_Decision__14697__November_2016.pdf- ./Clemenson__Peter-_Web_Decision__14697__November_2016.pdf-We confirm that we have read all the documents provided in the bundle in advance of the ./Clemenson__Peter-_Web_Decision__14697__November_2016.pdf-hearing. ./Clemenson__Peter-_Web_Decision__14697__November_2016.pdf- ./Clemenson__Peter-_Web_Decision__14697__November_2016.pdf:Mr Clemenson commenced employment as a teacher at South Essex College on 1 July ./Clemenson__Peter-_Web_Decision__14697__November_2016.pdf-2006. On 11 October 2007 he was convicted of failing to provide a blood specimen for a ./Clemenson__Peter-_Web_Decision__14697__November_2016.pdf-test under s.7(6) of the Road Traffic Act 1988 (the “RTA”) and failing to stop his car after ./Clemenson__Peter-_Web_Decision__14697__November_2016.pdf-an accident under s.170(4) of the RTA. Mr Clemenson ended his employment at South ./Clemenson__Peter-_Web_Decision__14697__November_2016.pdf:Essex College on 1 July 2011 and subsequently took up employment as a teacher at ./Clemenson__Peter-_Web_Decision__14697__November_2016.pdf-Basildon Lower Academy (dates unknown). ./Clemenson__Peter-_Web_Decision__14697__November_2016.pdf- ./Clemenson__Peter-_Web_Decision__14697__November_2016.pdf- ./Clemenson__Peter-_Web_Decision__14697__November_2016.pdf- ./Clemenson__Peter-_Web_Decision__14697__November_2016.pdf- ./Clemenson__Peter-_Web_Decision__14697__November_2016.pdf- 5 ./Clemenson__Peter-_Web_Decision__14697__November_2016.pdf- -- ./Clemenson__Peter-_Web_Decision__14697__November_2016.pdf:On 3 September 2012 Mr Clemenson was convicted at South East Essex Magistrates ./Clemenson__Peter-_Web_Decision__14697__November_2016.pdf-Court of driving a motor vehicle after consuming excess alcohol under s. 5(1)(a) of the ./Clemenson__Peter-_Web_Decision__14697__November_2016.pdf-RTA. ./Clemenson__Peter-_Web_Decision__14697__November_2016.pdf- ./Clemenson__Peter-_Web_Decision__14697__November_2016.pdf-On 6 March 2015 Mr Clemenson was convicted at Basildon Crown Court for possession ./Clemenson__Peter-_Web_Decision__14697__November_2016.pdf-of a knife in a public place and on 1 April 2015 he was convicted of failing to surrender to ./Clemenson__Peter-_Web_Decision__14697__November_2016.pdf-police custody at an appointed time. ./Clemenson__Peter-_Web_Decision__14697__November_2016.pdf- ./Clemenson__Peter-_Web_Decision__14697__November_2016.pdf-Findings of fact ./Clemenson__Peter-_Web_Decision__14697__November_2016.pdf-Our findings of fact are as follows: ./Clemenson__Peter-_Web_Decision__14697__November_2016.pdf- ./Clemenson__Peter-_Web_Decision__14697__November_2016.pdf-We have found the following particulars of the allegations against you proven, for these ./Clemenson__Peter-_Web_Decision__14697__November_2016.pdf-reasons: ./Clemenson__Peter-_Web_Decision__14697__November_2016.pdf- ./Clemenson__Peter-_Web_Decision__14697__November_2016.pdf-You are guilty of a conviction, at any time, of a relevant criminal offence in that: ./Clemenson__Peter-_Web_Decision__14697__November_2016.pdf- ./Clemenson__Peter-_Web_Decision__14697__November_2016.pdf: 1. On 11 October 2007, at South East Essex Magistrates Court you were ./Clemenson__Peter-_Web_Decision__14697__November_2016.pdf- convicted of failing to provide a specimen for analysis (driving or attempting ./Clemenson__Peter-_Web_Decision__14697__November_2016.pdf- to drive) on 26 September 2007 contrary to the Road Traffic Act 1988 s.7(6). ./Clemenson__Peter-_Web_Decision__14697__November_2016.pdf- You were sentenced to disqualification from driving for two years ./Clemenson__Peter-_Web_Decision__14697__November_2016.pdf- (disqualification reduced by six months if by 11 February 2009 you had ./Clemenson__Peter-_Web_Decision__14697__November_2016.pdf- completed a rehabilitation course). You were fined £500 and ordered to pay ./Clemenson__Peter-_Web_Decision__14697__November_2016.pdf- costs of £95; ./Clemenson__Peter-_Web_Decision__14697__November_2016.pdf- ./Clemenson__Peter-_Web_Decision__14697__November_2016.pdf-This is supported by the PNC report (page 35 of the bundle) and Memorandum of Entry ./Clemenson__Peter-_Web_Decision__14697__November_2016.pdf:in the South East Essex Magistrates’ Court (page 18). ./Clemenson__Peter-_Web_Decision__14697__November_2016.pdf- ./Clemenson__Peter-_Web_Decision__14697__November_2016.pdf: 2. On 11 October 2007, at South East Essex Magistrates Court, you were ./Clemenson__Peter-_Web_Decision__14697__November_2016.pdf- convicted of failing to stop after an accident on 26 September 2007 contrary ./Clemenson__Peter-_Web_Decision__14697__November_2016.pdf- to the Road Traffic Act 1988 s.170(4). You were fined £250 and your driving ./Clemenson__Peter-_Web_Decision__14697__November_2016.pdf- licence was endorsed; ./Clemenson__Peter-_Web_Decision__14697__November_2016.pdf- ./Clemenson__Peter-_Web_Decision__14697__November_2016.pdf-This is supported by the PNC report (page 35 of the bundle) and Memorandum of Entry ./Clemenson__Peter-_Web_Decision__14697__November_2016.pdf:in the South East Essex Magistrates’ Court (pages 18 to 19 of the bundle). ./Clemenson__Peter-_Web_Decision__14697__November_2016.pdf- ./Clemenson__Peter-_Web_Decision__14697__November_2016.pdf: 3. On 3 September 2012, at South Essex Magistrates Court you were convicted ./Clemenson__Peter-_Web_Decision__14697__November_2016.pdf- of driving a motor vehicle with excess alcohol on 7 June 2012 contrary to the ./Clemenson__Peter-_Web_Decision__14697__November_2016.pdf- Road Traffic Act 1988 s.5(1)(a). You were sentenced to disqualification from ./Clemenson__Peter-_Web_Decision__14697__November_2016.pdf- driving for three years, fined £450 and your driving licence was endorsed. ./Clemenson__Peter-_Web_Decision__14697__November_2016.pdf- You were ordered to pay costs of £85 and a victim surcharge of £15; ./Clemenson__Peter-_Web_Decision__14697__November_2016.pdf- ./Clemenson__Peter-_Web_Decision__14697__November_2016.pdf-This is supported by the PNC report (page 35 of the bundle) and Memorandum of Entry ./Clemenson__Peter-_Web_Decision__14697__November_2016.pdf:in the South Essex Magistrates’ Court (pages 20 to 21 of the bundle). ./Clemenson__Peter-_Web_Decision__14697__November_2016.pdf- ./Clemenson__Peter-_Web_Decision__14697__November_2016.pdf- 4. On 6 March 2015, at Basildon Crown Court, you were convicted of ./Clemenson__Peter-_Web_Decision__14697__November_2016.pdf- possession of a knife blade/sharp pointed article in a public place on 15 July ./Clemenson__Peter-_Web_Decision__14697__November_2016.pdf- ./Clemenson__Peter-_Web_Decision__14697__November_2016.pdf- 6 ./Clemenson__Peter-_Web_Decision__14697__November_2016.pdf- ./Collins__J__Web_Decision-14747-_February_2017_.pdf-Teacher: Mrs Jill Collins ./Collins__J__Web_Decision-14747-_February_2017_.pdf- ./Collins__J__Web_Decision-14747-_February_2017_.pdf-Teacher ref number: 9635583 ./Collins__J__Web_Decision-14747-_February_2017_.pdf- ./Collins__J__Web_Decision-14747-_February_2017_.pdf-Teacher date of birth: 27 May 1960 ./Collins__J__Web_Decision-14747-_February_2017_.pdf- ./Collins__J__Web_Decision-14747-_February_2017_.pdf-NCTL case reference: 14747 ./Collins__J__Web_Decision-14747-_February_2017_.pdf- ./Collins__J__Web_Decision-14747-_February_2017_.pdf-Date of determination: 7 February 2017 ./Collins__J__Web_Decision-14747-_February_2017_.pdf- ./Collins__J__Web_Decision-14747-_February_2017_.pdf:Former employer: Castledon School, Essex County Council ./Collins__J__Web_Decision-14747-_February_2017_.pdf- ./Collins__J__Web_Decision-14747-_February_2017_.pdf- ./Collins__J__Web_Decision-14747-_February_2017_.pdf-A. Introduction ./Collins__J__Web_Decision-14747-_February_2017_.pdf-A professional conduct panel (“the panel”) of the National College for Teaching and ./Collins__J__Web_Decision-14747-_February_2017_.pdf-Leadership (“the National College”) convened on 6 to 7 February 2017 at 53 to 55 Butts ./Collins__J__Web_Decision-14747-_February_2017_.pdf-Road, Earlsdon Park, Coventry CV1 3BH to consider the case of Mrs Jill Collins. ./Collins__J__Web_Decision-14747-_February_2017_.pdf- ./Collins__J__Web_Decision-14747-_February_2017_.pdf-The panel members were Mr John Pemberton (former teacher panellist – in the chair), Mr ./Collins__J__Web_Decision-14747-_February_2017_.pdf-Paul Hawkins (teacher panellist), and Ms Alison Platts (lay panellist). ./Collins__J__Web_Decision-14747-_February_2017_.pdf- -- ./Collins__J__Web_Decision-14747-_February_2017_.pdf-The fact that Mrs Collins used her work email account to send communications regarding ./Collins__J__Web_Decision-14747-_February_2017_.pdf-inappropriate materials is admitted by Mrs Collins in her signed response to the ./Collins__J__Web_Decision-14747-_February_2017_.pdf-allegations dated 6 January 2017. The panel had regard to the witness statement of ./Collins__J__Web_Decision-14747-_February_2017_.pdf-Witness A who, during a review of the contents of Mrs Collins laptop, found inappropriate ./Collins__J__Web_Decision-14747-_February_2017_.pdf-emails sent from Mrs Collins’ work email account. This was corroborated by Witness A in ./Collins__J__Web_Decision-14747-_February_2017_.pdf-her oral evidence, where she explained that she only reviewed Mrs Collins’ work email ./Collins__J__Web_Decision-14747-_February_2017_.pdf-account, as she would not have access to her personal emails. In addition, the panel ./Collins__J__Web_Decision-14747-_February_2017_.pdf-considered the email between Mrs Collins and Individual I, Mrs Collins’ partner, dated 7 ./Collins__J__Web_Decision-14747-_February_2017_.pdf-February 2015 in which she sent the following link, www.annsummers.com/c/sex-toys. ./Collins__J__Web_Decision-14747-_February_2017_.pdf-The panel also had regard to the emails between Mrs Collins and Red Tube dated 20 to ./Collins__J__Web_Decision-14747-_February_2017_.pdf:25 February 2015, were Mrs Collins sought to cancel her membership to a pornographic ./Collins__J__Web_Decision-14747-_February_2017_.pdf-website. ./Collins__J__Web_Decision-14747-_February_2017_.pdf- ./Collins__J__Web_Decision-14747-_February_2017_.pdf-The School’s Acceptable Use Agreement, signed by Mrs Collins on 13 September 2013, ./Collins__J__Web_Decision-14747-_February_2017_.pdf-clearly includes the following provisions: ./Collins__J__Web_Decision-14747-_February_2017_.pdf- ./Collins__J__Web_Decision-14747-_February_2017_.pdf- 12 ./Collins__J__Web_Decision-14747-_February_2017_.pdf- ./Cooper_K__15444__SoS_decision_Web_Decision.pdf- c. in or around May 2016, sleeping in the same bed as Pupil A ./Cooper_K__15444__SoS_decision_Web_Decision.pdf- ./Cooper_K__15444__SoS_decision_Web_Decision.pdf- d. in or around May 2016, going to London with Pupil A ./Cooper_K__15444__SoS_decision_Web_Decision.pdf- ./Cooper_K__15444__SoS_decision_Web_Decision.pdf- e. visiting restaurants with Pupil A on one or more occasions ./Cooper_K__15444__SoS_decision_Web_Decision.pdf- ./Cooper_K__15444__SoS_decision_Web_Decision.pdf- f. in or around March 2016, visiting Pupil A in [redacted] on his own ./Cooper_K__15444__SoS_decision_Web_Decision.pdf- ./Cooper_K__15444__SoS_decision_Web_Decision.pdf- g. on or around 2 July 2016, going to [redacted] with Pupil A ./Cooper_K__15444__SoS_decision_Web_Decision.pdf- ./Cooper_K__15444__SoS_decision_Web_Decision.pdf: 2. His behaviour towards Pupil A as may be found proven at 1 above was sexually ./Cooper_K__15444__SoS_decision_Web_Decision.pdf- motivated. ./Cooper_K__15444__SoS_decision_Web_Decision.pdf- ./Cooper_K__15444__SoS_decision_Web_Decision.pdf- 3. He failed to comply with the terms of his suspension issued on 5 July 2016, in that: ./Cooper_K__15444__SoS_decision_Web_Decision.pdf- ./Cooper_K__15444__SoS_decision_Web_Decision.pdf- a. on or around 25 August 2016, he met with Individual X ./Cooper_K__15444__SoS_decision_Web_Decision.pdf- ./Cooper_K__15444__SoS_decision_Web_Decision.pdf- b. in or around October 2016, he met Pupil A on one or more occasions ./Cooper_K__15444__SoS_decision_Web_Decision.pdf- ./Cooper_K__15444__SoS_decision_Web_Decision.pdf- He has a conviction, at any time, of a relevant criminal offence in that: ./Cooper_K__15444__SoS_decision_Web_Decision.pdf- -- ./Cooper_K__15444__SoS_decision_Web_Decision.pdf- ./Cooper_K__15444__SoS_decision_Web_Decision.pdf- ./Cooper_K__15444__SoS_decision_Web_Decision.pdf-E. Decision and reasons ./Cooper_K__15444__SoS_decision_Web_Decision.pdf-The panel announced its decision and reasons as follows: ./Cooper_K__15444__SoS_decision_Web_Decision.pdf- ./Cooper_K__15444__SoS_decision_Web_Decision.pdf-Mr Cooper had been employed at the school as a boarding house master and teacher of ./Cooper_K__15444__SoS_decision_Web_Decision.pdf-geography and information technology from September 2009. It is alleged that Mr Cooper ./Cooper_K__15444__SoS_decision_Web_Decision.pdf-developed an inappropriate relationship with a pupil at the school in 2016 which involved ./Cooper_K__15444__SoS_decision_Web_Decision.pdf-exchanging messages by phone and on social media, and meeting outside the school in ./Cooper_K__15444__SoS_decision_Web_Decision.pdf-a number of different settings. This included staying overnight in a hotel room together ./Cooper_K__15444__SoS_decision_Web_Decision.pdf:and visiting restaurants. It is alleged that this behaviour was sexually motivated. ./Cooper_K__15444__SoS_decision_Web_Decision.pdf- ./Cooper_K__15444__SoS_decision_Web_Decision.pdf-Following these allegations, Mr Cooper was suspended from the school in July 2016. It is ./Cooper_K__15444__SoS_decision_Web_Decision.pdf-alleged that Mr Cooper contacted both Pupil A and a colleague at the school, contrary to ./Cooper_K__15444__SoS_decision_Web_Decision.pdf-the terms of his suspension. ./Cooper_K__15444__SoS_decision_Web_Decision.pdf- ./Cooper_K__15444__SoS_decision_Web_Decision.pdf-It is further alleged that Mr Cooper has been convicted of a relevant criminal offence, ./Cooper_K__15444__SoS_decision_Web_Decision.pdf-namely assault. ./Cooper_K__15444__SoS_decision_Web_Decision.pdf- ./Cooper_K__15444__SoS_decision_Web_Decision.pdf-Findings of fact ./Cooper_K__15444__SoS_decision_Web_Decision.pdf-Our findings of fact are as follows: -- ./Cooper_K__15444__SoS_decision_Web_Decision.pdf-proven on the balance of probabilities. ./Cooper_K__15444__SoS_decision_Web_Decision.pdf- ./Cooper_K__15444__SoS_decision_Web_Decision.pdf- c. in or around May 2016, sleeping in the same bed as Pupil A ./Cooper_K__15444__SoS_decision_Web_Decision.pdf- ./Cooper_K__15444__SoS_decision_Web_Decision.pdf-This allegation was admitted by the teacher in the agreed statement of facts dated 26 ./Cooper_K__15444__SoS_decision_Web_Decision.pdf-January 2018. ./Cooper_K__15444__SoS_decision_Web_Decision.pdf- ./Cooper_K__15444__SoS_decision_Web_Decision.pdf-The panel went on to consider the documentary evidence of Pupil A’s interview with a ./Cooper_K__15444__SoS_decision_Web_Decision.pdf-duty social worker after Mr Cooper and Pupil A were found by police, parked in a layby in ./Cooper_K__15444__SoS_decision_Web_Decision.pdf-the early morning. Pupil A stated that she had stayed with Mr Cooper in a hotel room in ./Cooper_K__15444__SoS_decision_Web_Decision.pdf:London for three nights, and there had not been any sexual contact. ./Cooper_K__15444__SoS_decision_Web_Decision.pdf- ./Cooper_K__15444__SoS_decision_Web_Decision.pdf-The panel found allegation 1.c. proven on the balance of probabilities. ./Cooper_K__15444__SoS_decision_Web_Decision.pdf- ./Cooper_K__15444__SoS_decision_Web_Decision.pdf- d. in or around May 2016, going to London with Pupil A ./Cooper_K__15444__SoS_decision_Web_Decision.pdf- ./Cooper_K__15444__SoS_decision_Web_Decision.pdf-This allegation was admitted by the teacher in the agreed statement of facts dated 26 ./Cooper_K__15444__SoS_decision_Web_Decision.pdf-January 2018. ./Cooper_K__15444__SoS_decision_Web_Decision.pdf- ./Cooper_K__15444__SoS_decision_Web_Decision.pdf- ./Cooper_K__15444__SoS_decision_Web_Decision.pdf- -- ./Cooper_K__15444__SoS_decision_Web_Decision.pdf-The panel found allegation 1.g. proven on the balance of probabilities. ./Cooper_K__15444__SoS_decision_Web_Decision.pdf- ./Cooper_K__15444__SoS_decision_Web_Decision.pdf- 2. Your behaviour towards Pupil A as may be found proven at 1 above was ./Cooper_K__15444__SoS_decision_Web_Decision.pdf: sexually motivated ./Cooper_K__15444__SoS_decision_Web_Decision.pdf- ./Cooper_K__15444__SoS_decision_Web_Decision.pdf-Having found allegation 1 proven, the panel went on to consider whether Mr Cooper’s ./Cooper_K__15444__SoS_decision_Web_Decision.pdf:behaviour was sexually motivated. ./Cooper_K__15444__SoS_decision_Web_Decision.pdf- ./Cooper_K__15444__SoS_decision_Web_Decision.pdf-As with all findings of fact, the panel considered this question applying the balance of ./Cooper_K__15444__SoS_decision_Web_Decision.pdf-probabilities. The panel considered whether on the balance of probabilities reasonable ./Cooper_K__15444__SoS_decision_Web_Decision.pdf:persons would think the words and actions found proven could be sexual. The panel then ./Cooper_K__15444__SoS_decision_Web_Decision.pdf-considered whether, in all the circumstances of the conduct in the case, it was more likely ./Cooper_K__15444__SoS_decision_Web_Decision.pdf:than not that the teacher’s purpose in such words and actions were sexual. ./Cooper_K__15444__SoS_decision_Web_Decision.pdf- ./Cooper_K__15444__SoS_decision_Web_Decision.pdf:The panel considered whether, even in the absence of any direct evidence, sexual ./Cooper_K__15444__SoS_decision_Web_Decision.pdf-motivation should be inferred from all the circumstances of the case. ./Cooper_K__15444__SoS_decision_Web_Decision.pdf- ./Cooper_K__15444__SoS_decision_Web_Decision.pdf-The panel noted that Mr Cooper denied this allegation. The panel went on to consider Mr ./Cooper_K__15444__SoS_decision_Web_Decision.pdf-Cooper’s statement in which he said, “we developed strong feelings for each other over a ./Cooper_K__15444__SoS_decision_Web_Decision.pdf-period of many months. My intention was always to remain utterly professional – once it ./Cooper_K__15444__SoS_decision_Web_Decision.pdf-became clear that she felt as strongly for me as I did for her, I harboured the hope that ./Cooper_K__15444__SoS_decision_Web_Decision.pdf-after leaving school, we might enter a romantic relationship.” ./Cooper_K__15444__SoS_decision_Web_Decision.pdf- ./Cooper_K__15444__SoS_decision_Web_Decision.pdf-The panel also placed weight on the written evidence of Individual X who stated that on ./Cooper_K__15444__SoS_decision_Web_Decision.pdf-meeting Mr Cooper following his suspension, Mr Cooper made comments about his ./Cooper_K__15444__SoS_decision_Web_Decision.pdf-relationship with Pupil A which caused Individual X to suspect that, “he had indeed been ./Cooper_K__15444__SoS_decision_Web_Decision.pdf-involved in some kind of relationship with the student & [sic] there were several signs that ./Cooper_K__15444__SoS_decision_Web_Decision.pdf-this relationship might be continuing or at the very least that he had the intention of ./Cooper_K__15444__SoS_decision_Web_Decision.pdf-continuing to pursue a relationship with the girl.” ./Cooper_K__15444__SoS_decision_Web_Decision.pdf- ./Cooper_K__15444__SoS_decision_Web_Decision.pdf:The panel was unable to reconcile Mr Cooper’s denial that he was sexually motivated ./Cooper_K__15444__SoS_decision_Web_Decision.pdf-with his actions found proven at allegation 1, in particular staying with Pupil A in ./Cooper_K__15444__SoS_decision_Web_Decision.pdf-[redacted]. ./Cooper_K__15444__SoS_decision_Web_Decision.pdf- ./Cooper_K__15444__SoS_decision_Web_Decision.pdf-The panel therefore found allegation 2 proven on the balance of probabilities. ./Cooper_K__15444__SoS_decision_Web_Decision.pdf- ./Cooper_K__15444__SoS_decision_Web_Decision.pdf- 3. You failed to comply with the terms of your suspension issued on 5 July ./Cooper_K__15444__SoS_decision_Web_Decision.pdf- 2016, in that: ./Cooper_K__15444__SoS_decision_Web_Decision.pdf- ./Cooper_K__15444__SoS_decision_Web_Decision.pdf- a. on or around 25 August 2016, you met with Individual X ./Cooper_K__15444__SoS_decision_Web_Decision.pdf- -- ./Cooper_K__15444__SoS_decision_Web_Decision.pdf- statutory provisions ./Cooper_K__15444__SoS_decision_Web_Decision.pdf-  Teachers must have proper and professional regard for the ethos, policies and ./Cooper_K__15444__SoS_decision_Web_Decision.pdf- practices of the school in which they teach ./Cooper_K__15444__SoS_decision_Web_Decision.pdf-  Teachers must have an understanding of, and always act within, the statutory ./Cooper_K__15444__SoS_decision_Web_Decision.pdf- frameworks which set out their professional duties and responsibilities ./Cooper_K__15444__SoS_decision_Web_Decision.pdf-The panel is satisfied that the conduct of Mr Cooper fell significantly short of the ./Cooper_K__15444__SoS_decision_Web_Decision.pdf-standards expected of the profession. ./Cooper_K__15444__SoS_decision_Web_Decision.pdf- ./Cooper_K__15444__SoS_decision_Web_Decision.pdf-The panel has also considered whether Mr Cooper’s conduct displayed behaviours ./Cooper_K__15444__SoS_decision_Web_Decision.pdf-associated with any of the offences listed on pages 8 and 9 of the Advice and has found ./Cooper_K__15444__SoS_decision_Web_Decision.pdf:that the offence of sexual activity is relevant as Mr Cooper’s conduct was sexually ./Cooper_K__15444__SoS_decision_Web_Decision.pdf-motivated. ./Cooper_K__15444__SoS_decision_Web_Decision.pdf- ./Cooper_K__15444__SoS_decision_Web_Decision.pdf-The Advice indicates that where behaviours associated with such an offence exist, a ./Cooper_K__15444__SoS_decision_Web_Decision.pdf-panel is likely to conclude that an individual’s conduct would amount to unacceptable ./Cooper_K__15444__SoS_decision_Web_Decision.pdf-professional conduct. ./Cooper_K__15444__SoS_decision_Web_Decision.pdf- ./Cooper_K__15444__SoS_decision_Web_Decision.pdf-The panel notes that the allegations took place outside of the education setting. The ./Cooper_K__15444__SoS_decision_Web_Decision.pdf-panel found that by pursuing an inappropriate relationship with Pupil A, Mr Cooper risked ./Cooper_K__15444__SoS_decision_Web_Decision.pdf-seriously harming her wellbeing, and ongoing education. ./Cooper_K__15444__SoS_decision_Web_Decision.pdf- -- ./Cooper_K__15444__SoS_decision_Web_Decision.pdf-Cooper. The panel took further account of the Advice, which suggests that a prohibition ./Cooper_K__15444__SoS_decision_Web_Decision.pdf-order may be appropriate if certain behaviours of a teacher have been proven. In the list ./Cooper_K__15444__SoS_decision_Web_Decision.pdf-of such behaviours, those that are relevant in this case are: ./Cooper_K__15444__SoS_decision_Web_Decision.pdf- ./Cooper_K__15444__SoS_decision_Web_Decision.pdf-  serious departure from the personal and professional conduct elements of the ./Cooper_K__15444__SoS_decision_Web_Decision.pdf- Teachers’ Standards ./Cooper_K__15444__SoS_decision_Web_Decision.pdf-  misconduct seriously affecting the education and/or well-being of pupils, and ./Cooper_K__15444__SoS_decision_Web_Decision.pdf- particularly where there is a continuing risk ./Cooper_K__15444__SoS_decision_Web_Decision.pdf-  abuse of position or trust (particularly involving vulnerable pupils) or violation of the ./Cooper_K__15444__SoS_decision_Web_Decision.pdf- rights of pupils ./Cooper_K__15444__SoS_decision_Web_Decision.pdf:  sexual misconduct, e.g. involving actions that were sexually motivated or of a ./Cooper_K__15444__SoS_decision_Web_Decision.pdf: sexual nature and/or that use or exploit the trust, knowledge or influence derived ./Cooper_K__15444__SoS_decision_Web_Decision.pdf- from the individual’s professional position ./Cooper_K__15444__SoS_decision_Web_Decision.pdf-Even though there were behaviours that would point to the appropriateness of a ./Cooper_K__15444__SoS_decision_Web_Decision.pdf-prohibition order, the panel went on to consider whether or not there were sufficient ./Cooper_K__15444__SoS_decision_Web_Decision.pdf-mitigating factors to militate against the appropriateness and proportionality of the ./Cooper_K__15444__SoS_decision_Web_Decision.pdf-imposition of a prohibition order, particularly taking into account the nature and severity of ./Cooper_K__15444__SoS_decision_Web_Decision.pdf-the behaviour in this case. ./Cooper_K__15444__SoS_decision_Web_Decision.pdf- ./Cooper_K__15444__SoS_decision_Web_Decision.pdf-The panel found that there was no evidence that the teacher’s actions were not ./Cooper_K__15444__SoS_decision_Web_Decision.pdf-deliberate. There was also no evidence to suggest that the teacher was acting under ./Cooper_K__15444__SoS_decision_Web_Decision.pdf-duress, and in fact, the panel found the teacher’s actions to be calculated, motivated and -- ./Cooper_K__15444__SoS_decision_Web_Decision.pdf- ./Cooper_K__15444__SoS_decision_Web_Decision.pdf-The panel went on to consider whether or not it would be appropriate to decide to ./Cooper_K__15444__SoS_decision_Web_Decision.pdf-recommend that a review period of the order should be considered. The panel was ./Cooper_K__15444__SoS_decision_Web_Decision.pdf-mindful that the Advice states that a prohibition order applies for life, but there may be ./Cooper_K__15444__SoS_decision_Web_Decision.pdf-circumstances in any given case that may make it appropriate to allow a teacher to apply ./Cooper_K__15444__SoS_decision_Web_Decision.pdf-to have the prohibition order reviewed after a specified period of time that may not be ./Cooper_K__15444__SoS_decision_Web_Decision.pdf-less than 2 years. ./Cooper_K__15444__SoS_decision_Web_Decision.pdf- ./Cooper_K__15444__SoS_decision_Web_Decision.pdf-The Advice indicates that there are behaviours that, if proven, would militate against a ./Cooper_K__15444__SoS_decision_Web_Decision.pdf-review period being recommended. These behaviours include violence and serious ./Cooper_K__15444__SoS_decision_Web_Decision.pdf:sexual misconduct, e.g. where the act was sexually motivated and resulted in or had the ./Cooper_K__15444__SoS_decision_Web_Decision.pdf-potential to result in, harm to a person or persons, particularly where the individual has ./Cooper_K__15444__SoS_decision_Web_Decision.pdf-used their professional position to influence or exploit a person or persons. The panel ./Cooper_K__15444__SoS_decision_Web_Decision.pdf:has found that Mr Cooper was sexually motivated in his pursuit of an inappropriate ./Cooper_K__15444__SoS_decision_Web_Decision.pdf:relationship with a pupil, and as such this was serious sexual misconduct. In a separate ./Cooper_K__15444__SoS_decision_Web_Decision.pdf-incident, Mr Cooper was convicted of assault. ./Cooper_K__15444__SoS_decision_Web_Decision.pdf- ./Cooper_K__15444__SoS_decision_Web_Decision.pdf- ./Cooper_K__15444__SoS_decision_Web_Decision.pdf- ./Cooper_K__15444__SoS_decision_Web_Decision.pdf- ./Cooper_K__15444__SoS_decision_Web_Decision.pdf- 15 ./Cooper_K__15444__SoS_decision_Web_Decision.pdf- -- ./Cooper_K__15444__SoS_decision_Web_Decision.pdf:The findings of misconduct are particularly serious as they include a finding of sexual ./Cooper_K__15444__SoS_decision_Web_Decision.pdf-misconduct. ./Cooper_K__15444__SoS_decision_Web_Decision.pdf- ./Cooper_K__15444__SoS_decision_Web_Decision.pdf-I have to determine whether the imposition of a prohibition order is proportionate and in ./Cooper_K__15444__SoS_decision_Web_Decision.pdf-the public interest. In considering that for this case, I have considered the overall aim of a ./Cooper_K__15444__SoS_decision_Web_Decision.pdf-prohibition order which is to protect pupils and to maintain public confidence in the ./Cooper_K__15444__SoS_decision_Web_Decision.pdf-profession. I have considered the extent to which a prohibition order in this case would ./Cooper_K__15444__SoS_decision_Web_Decision.pdf-achieve that aim taking into account the impact that it will have on the individual teacher. ./Cooper_K__15444__SoS_decision_Web_Decision.pdf-I have also asked myself whether or not a less intrusive measure, such as the published ./Cooper_K__15444__SoS_decision_Web_Decision.pdf-finding of unacceptable professional conduct and conduct that may bring the profession ./Cooper_K__15444__SoS_decision_Web_Decision.pdf-into disrepute, would itself be sufficient to achieve the overall aim. I have to consider -- ./Cooper_K__15444__SoS_decision_Web_Decision.pdf-Standards and therefore his professional obligations as a teacher.” In my judgement, the ./Cooper_K__15444__SoS_decision_Web_Decision.pdf-lack of insight means that there is some risk of the repetition of this behaviour and this ./Cooper_K__15444__SoS_decision_Web_Decision.pdf-risks the safeguarding of pupils in the future and the potential to bring the profession into ./Cooper_K__15444__SoS_decision_Web_Decision.pdf-disripute. I have therefore given this element considerable weight in reaching my ./Cooper_K__15444__SoS_decision_Web_Decision.pdf-decision. ./Cooper_K__15444__SoS_decision_Web_Decision.pdf- ./Cooper_K__15444__SoS_decision_Web_Decision.pdf-I have gone on to consider the extent to which a prohibition order would maintain public ./Cooper_K__15444__SoS_decision_Web_Decision.pdf-confidence in the profession. The panel observe, “that public confidence in the profession ./Cooper_K__15444__SoS_decision_Web_Decision.pdf-could be seriously weakened if conduct such as that found against Mr Cooper were not ./Cooper_K__15444__SoS_decision_Web_Decision.pdf-treated with the utmost seriousness when regulating the conduct of the profession.” I am ./Cooper_K__15444__SoS_decision_Web_Decision.pdf:particularly mindful of the finding of sexual misconduct in this case and the impact that ./Cooper_K__15444__SoS_decision_Web_Decision.pdf-such a finding has on the reputation of the profession. ./Cooper_K__15444__SoS_decision_Web_Decision.pdf- ./Cooper_K__15444__SoS_decision_Web_Decision.pdf-I have had to consider that the public has a high expectation of professional standards of ./Cooper_K__15444__SoS_decision_Web_Decision.pdf-all teachers and that failure to impose a prohibition order might be regarded by the public ./Cooper_K__15444__SoS_decision_Web_Decision.pdf-as a failure to uphold those high standards. In weighing these considerations, I have had ./Cooper_K__15444__SoS_decision_Web_Decision.pdf- ./Cooper_K__15444__SoS_decision_Web_Decision.pdf- ./Cooper_K__15444__SoS_decision_Web_Decision.pdf- 17 ./Cooper_K__15444__SoS_decision_Web_Decision.pdf- -- ./Cooper_K__15444__SoS_decision_Web_Decision.pdf:sexual misconduct, e.g. where the act was sexually motivated and resulted in or had the ./Cooper_K__15444__SoS_decision_Web_Decision.pdf-potential to result in, harm to a person or persons, particularly where the individual has ./Cooper_K__15444__SoS_decision_Web_Decision.pdf-used their professional position to influence or exploit a person or persons. The panel ./Cooper_K__15444__SoS_decision_Web_Decision.pdf:has found that, “Mr Cooper was sexually motivated in his pursuit of an inappropriate ./Cooper_K__15444__SoS_decision_Web_Decision.pdf:relationship with a pupil, and as such this was serious sexual misconduct. In a separate ./Cooper_K__15444__SoS_decision_Web_Decision.pdf-incident, Mr Cooper was convicted of assault.” ./Cooper_K__15444__SoS_decision_Web_Decision.pdf- ./Cooper_K__15444__SoS_decision_Web_Decision.pdf-I have considered whether no review period reflects the seriousness of the findings and ./Cooper_K__15444__SoS_decision_Web_Decision.pdf-is a proportionate period to achieve the aim of maintaining public confidence in the ./Cooper_K__15444__SoS_decision_Web_Decision.pdf-profession. In this case, there are two factors that in my view mean that a 2-year, or ./Cooper_K__15444__SoS_decision_Web_Decision.pdf-longer, review period is not sufficient to achieve the aim of maintaining public confidence ./Cooper_K__15444__SoS_decision_Web_Decision.pdf:in the profession. These elements are the sexual misconduct found and the lack of either ./Cooper_K__15444__SoS_decision_Web_Decision.pdf-insight or remorse. ./Cooper_K__15444__SoS_decision_Web_Decision.pdf- ./Cooper_K__15444__SoS_decision_Web_Decision.pdf-I consider therefore that no review period is required to satisfy the maintenance of public ./Cooper_K__15444__SoS_decision_Web_Decision.pdf-confidence in the profession. ./Cooper_K__15444__SoS_decision_Web_Decision.pdf- ./Cooper_K__15444__SoS_decision_Web_Decision.pdf-This means that Mr Kevin Cooper is prohibited from teaching indefinitely and ./Cooper_K__15444__SoS_decision_Web_Decision.pdf-cannot teach in any school, sixth form college, relevant youth accommodation or ./Cooper_K__15444__SoS_decision_Web_Decision.pdf-children’s home in England. Furthermore, in view of the seriousness of the allegations ./Cooper_K__15444__SoS_decision_Web_Decision.pdf-found proved against him, I have decided that Mr Cooper shall not be entitled to apply for ./Cooper_K__15444__SoS_decision_Web_Decision.pdf-restoration of his eligibility to teach. ./Coxon__Paul_12856_web_decision.pdf- ./Coxon__Paul_12856_web_decision.pdf- c. kissed Pupil A, on one or more occasions on her: ./Coxon__Paul_12856_web_decision.pdf- ./Coxon__Paul_12856_web_decision.pdf- i. neck, ./Coxon__Paul_12856_web_decision.pdf- ./Coxon__Paul_12856_web_decision.pdf- ii. ear(s), ./Coxon__Paul_12856_web_decision.pdf- ./Coxon__Paul_12856_web_decision.pdf- d. put his arms around Pupil A whilst she was sitting at the computer, on one or ./Coxon__Paul_12856_web_decision.pdf- more occasions; ./Coxon__Paul_12856_web_decision.pdf- ./Coxon__Paul_12856_web_decision.pdf: e. stated to Pupil A, "I want to be the first one to have sex with you", or words to ./Coxon__Paul_12856_web_decision.pdf- that effect; ./Coxon__Paul_12856_web_decision.pdf- ./Coxon__Paul_12856_web_decision.pdf: f. stated to Pupil A "Here's a question. Do you do oral sex?", or words to that ./Coxon__Paul_12856_web_decision.pdf- effect; ./Coxon__Paul_12856_web_decision.pdf- ./Coxon__Paul_12856_web_decision.pdf- 4. On 9 March 2009, he crossed professional boundaries in that in relation to Pupil D ./Coxon__Paul_12856_web_decision.pdf- he inappropriately: ./Coxon__Paul_12856_web_decision.pdf- ./Coxon__Paul_12856_web_decision.pdf- a. instructed Pupil D to turn around when she asked a question about the work ./Coxon__Paul_12856_web_decision.pdf- he had set; ./Coxon__Paul_12856_web_decision.pdf- ./Coxon__Paul_12856_web_decision.pdf- b. lifted Pupil D off the floor, holding his arms across her chest, and squeezing ./Coxon__Paul_12856_web_decision.pdf- her, when: -- ./Coxon__Paul_12856_web_decision.pdf- feel uncomfortable; ./Coxon__Paul_12856_web_decision.pdf- ./Coxon__Paul_12856_web_decision.pdf- c. responded to Pupil D's question about where to put the long wooden cylinder ./Coxon__Paul_12856_web_decision.pdf- tube with words to the effect, "Turn around and I'll show you", or words to that ./Coxon__Paul_12856_web_decision.pdf- effect; ./Coxon__Paul_12856_web_decision.pdf- ./Coxon__Paul_12856_web_decision.pdf- 5. On 9 October 2012, in relation to Pupil E he inappropriately stated "by the size of ./Coxon__Paul_12856_web_decision.pdf- him, he would have fallen through the bump", or words to that effect; ./Coxon__Paul_12856_web_decision.pdf- ./Coxon__Paul_12856_web_decision.pdf- 6. His conduct as described at paragraphs 1 and/or 2 and/or 3 and/or 4 above was ./Coxon__Paul_12856_web_decision.pdf: sexually motivated. ./Coxon__Paul_12856_web_decision.pdf- ./Coxon__Paul_12856_web_decision.pdf-At the start of the hearing Mr Coxon admitted the factual particulars at paragraph 4(b). ./Coxon__Paul_12856_web_decision.pdf-He further partially admitted the factual particulars at 4(a) and 4(c) in that he admitted the ./Coxon__Paul_12856_web_decision.pdf-facts of the events in question but denied that such admitted conduct amounted to the ./Coxon__Paul_12856_web_decision.pdf-crossing of professional boundaries and that the admitted conduct was inappropriate. ./Coxon__Paul_12856_web_decision.pdf- ./Coxon__Paul_12856_web_decision.pdf- ./Coxon__Paul_12856_web_decision.pdf- 5 ./Coxon__Paul_12856_web_decision.pdf- -- ./Coxon__Paul_12856_web_decision.pdf-E. Decision and reasons ./Coxon__Paul_12856_web_decision.pdf- ./Coxon__Paul_12856_web_decision.pdf-The panel announced its decision and reasons as follows: ./Coxon__Paul_12856_web_decision.pdf- ./Coxon__Paul_12856_web_decision.pdf-The panel has carefully considered the case before it and has reached a decision. ./Coxon__Paul_12856_web_decision.pdf- ./Coxon__Paul_12856_web_decision.pdf-We confirm that we have read all the documents provided in the bundle in advance of the ./Coxon__Paul_12856_web_decision.pdf-hearing. ./Coxon__Paul_12856_web_decision.pdf- ./Coxon__Paul_12856_web_decision.pdf-This case involves numerous allegations of inappropriate comments and contact with ./Coxon__Paul_12856_web_decision.pdf:pupils in their teens, mostly of a sexually motivated nature. It was alleged that in relation ./Coxon__Paul_12856_web_decision.pdf-to three pupils the teacher crossed proper professional boundaries which included ./Coxon__Paul_12856_web_decision.pdf:physical touching in intimate and other areas and sexually motivated comments such as, ./Coxon__Paul_12856_web_decision.pdf-for example, "You'd do better across the table with my dick inside you". An inappropriate ./Coxon__Paul_12856_web_decision.pdf:but not sexually motivated comment was allegedly made to a further pupil. ./Coxon__Paul_12856_web_decision.pdf- ./Coxon__Paul_12856_web_decision.pdf- ./Coxon__Paul_12856_web_decision.pdf- ./Coxon__Paul_12856_web_decision.pdf- ./Coxon__Paul_12856_web_decision.pdf- 7 ./Coxon__Paul_12856_web_decision.pdf- -- ./Coxon__Paul_12856_web_decision.pdf- ./Coxon__Paul_12856_web_decision.pdf- i. breast(s), ./Coxon__Paul_12856_web_decision.pdf- ./Coxon__Paul_12856_web_decision.pdf- ii. vaginal area, ./Coxon__Paul_12856_web_decision.pdf- ./Coxon__Paul_12856_web_decision.pdf- iii. bottom, ./Coxon__Paul_12856_web_decision.pdf- ./Coxon__Paul_12856_web_decision.pdf- d. put your arms around Pupil A whilst she was sitting at the computer, on ./Coxon__Paul_12856_web_decision.pdf- one or more occasions; ./Coxon__Paul_12856_web_decision.pdf- ./Coxon__Paul_12856_web_decision.pdf: e. stated to Pupil A, "I want to be the first one to have sex with you", or ./Coxon__Paul_12856_web_decision.pdf- words to that effect; ./Coxon__Paul_12856_web_decision.pdf- ./Coxon__Paul_12856_web_decision.pdf: f. stated to Pupil A "Here's a question. Do you do oral sex?", or words to ./Coxon__Paul_12856_web_decision.pdf- that effect; ./Coxon__Paul_12856_web_decision.pdf- ./Coxon__Paul_12856_web_decision.pdf-All of the above factual allegations relate to Pupil A. We have very carefully considered ./Coxon__Paul_12856_web_decision.pdf-each of them separately and find all of them proved. As stated above we found Pupil A to ./Coxon__Paul_12856_web_decision.pdf-be an entirely reliable witness who described all of the above incidents clearly and ./Coxon__Paul_12856_web_decision.pdf-consistently both when first reporting matters and in evidence at the aborted earlier ./Coxon__Paul_12856_web_decision.pdf-hearing, both when examined in chief and when cross-examined. We were able to ./Coxon__Paul_12856_web_decision.pdf-assess and have accepted in full what she said and the incidents she has described. ./Coxon__Paul_12856_web_decision.pdf-Each and every comment or action amounted to inappropriate behaviour towards a ./Coxon__Paul_12856_web_decision.pdf-teenage pupil which clearly crossed proper professional boundaries in a teacher/pupil -- ./Coxon__Paul_12856_web_decision.pdf- c. responded to Pupil D's question about where to put the long wooden ./Coxon__Paul_12856_web_decision.pdf- cylinder tube with words to the effect, "Turn around and I'll show you", ./Coxon__Paul_12856_web_decision.pdf- or words to that effect; ./Coxon__Paul_12856_web_decision.pdf- ./Coxon__Paul_12856_web_decision.pdf-Mr Coxon accepted the facts of these allegations at the start of the hearing. He further ./Coxon__Paul_12856_web_decision.pdf-accepted that lifting Pupil D off the floor in the way described crossed proper professional ./Coxon__Paul_12856_web_decision.pdf-boundaries. We therefore find the allegations proved to that extent. From the evidence ./Coxon__Paul_12856_web_decision.pdf-that we have heard we are not satisfied that Mr Coxon's comments (as detailed at 4(a) ./Coxon__Paul_12856_web_decision.pdf:and 4(c)) had any sort of intended sexual overtone and on that basis therefore crossed ./Coxon__Paul_12856_web_decision.pdf-professional boundaries or were inappropriate as alleged. We form this view as Pupil D's ./Coxon__Paul_12856_web_decision.pdf-evidence that his sarcasm and look at the time were indicative of such context was not ./Coxon__Paul_12856_web_decision.pdf-tested under cross-examination. ./Coxon__Paul_12856_web_decision.pdf- ./Coxon__Paul_12856_web_decision.pdf-The panel therefore finds that allegation 4(b) is proved and that allegations 4(a) and 4(c) ./Coxon__Paul_12856_web_decision.pdf-are not proved. ./Coxon__Paul_12856_web_decision.pdf- ./Coxon__Paul_12856_web_decision.pdf- 5. On 9 October 2012, in relation to Pupil E you inappropriately stated "by the ./Coxon__Paul_12856_web_decision.pdf- size of him, he would have fallen through the bump", or words to that effect; ./Coxon__Paul_12856_web_decision.pdf- ./Coxon__Paul_12856_web_decision.pdf-We find, on the basis of Pupil F's evidence, which was strongly tested under cross- ./Coxon__Paul_12856_web_decision.pdf-examination, that this was said. This was an inappropriate remark because it was ./Coxon__Paul_12856_web_decision.pdf-mocking and humiliating of Pupil E to his classmates ./Coxon__Paul_12856_web_decision.pdf- ./Coxon__Paul_12856_web_decision.pdf- 6. Your conduct as described at paragraphs 1 and/or 2 and/or 3 and/or 4 above ./Coxon__Paul_12856_web_decision.pdf: was sexually motivated. ./Coxon__Paul_12856_web_decision.pdf- ./Coxon__Paul_12856_web_decision.pdf:We find that Mr Coxon's behaviour at 1, 2 and 3 was sexually motivated. The facts speak ./Coxon__Paul_12856_web_decision.pdf:for themselves. The facts involved sexual comments to, and inappropriate and ./Coxon__Paul_12856_web_decision.pdf-unwarranted touching of, pupils including of their intimate areas. ./Coxon__Paul_12856_web_decision.pdf- ./Coxon__Paul_12856_web_decision.pdf-Findings as to unacceptable professional conduct and/or conduct that ./Coxon__Paul_12856_web_decision.pdf-may bring the profession into disrepute ./Coxon__Paul_12856_web_decision.pdf-Having found a number of the allegations to have been proven, the panel has gone on to ./Coxon__Paul_12856_web_decision.pdf-consider whether the facts of those proven allegations amount to unacceptable ./Coxon__Paul_12856_web_decision.pdf-professional conduct and/or conduct that may bring the profession into disrepute. ./Coxon__Paul_12856_web_decision.pdf- ./Coxon__Paul_12856_web_decision.pdf-In doing so, the panel has had regard to the document Teacher Misconduct: The ./Coxon__Paul_12856_web_decision.pdf-Prohibition of Teachers, which the panel refers to as “the Advice”. -- ./Coxon__Paul_12856_web_decision.pdf- o treating pupils with dignity, building relationships rooted in mutual respect, and ./Coxon__Paul_12856_web_decision.pdf- at all times observing proper boundaries appropriate to a teacher’s ./Coxon__Paul_12856_web_decision.pdf- professional position; ./Coxon__Paul_12856_web_decision.pdf- o having regard for the need to safeguard pupils’ well-being, in accordance with ./Coxon__Paul_12856_web_decision.pdf- statutory provisions. ./Coxon__Paul_12856_web_decision.pdf-The panel is satisfied that the conduct of Mr Coxon fell significantly short of the standards ./Coxon__Paul_12856_web_decision.pdf-expected of the profession. ./Coxon__Paul_12856_web_decision.pdf- ./Coxon__Paul_12856_web_decision.pdf:Mr Coxon repeatedly made sexually motivated and inappropriate comments to two ./Coxon__Paul_12856_web_decision.pdf-pupils. His behaviour was on several occasions offensive, for example when he said to ./Coxon__Paul_12856_web_decision.pdf-Pupil B that she would be "better across the table with my dick inside you". The above is ./Coxon__Paul_12856_web_decision.pdf:just one example of several instances of such seriously inappropriate and sexually ./Coxon__Paul_12856_web_decision.pdf-motivated comments. Furthermore, he touched pupils on intimate areas on numerous ./Coxon__Paul_12856_web_decision.pdf-occasions. As stated above there was additional inappropriate contact with and comment ./Coxon__Paul_12856_web_decision.pdf-about other pupils. ./Coxon__Paul_12856_web_decision.pdf- ./Coxon__Paul_12856_web_decision.pdf-Accordingly, the panel is satisfied that Mr Coxon is guilty of unacceptable professional ./Coxon__Paul_12856_web_decision.pdf-conduct. ./Coxon__Paul_12856_web_decision.pdf- ./Coxon__Paul_12856_web_decision.pdf-The panel has taken into account how the teaching profession is viewed by others and ./Coxon__Paul_12856_web_decision.pdf-considered the influence that teachers may have on pupils, parents and others in the ./Coxon__Paul_12856_web_decision.pdf-community. The panel has taken account of the uniquely influential role that teachers can -- ./Coxon__Paul_12856_web_decision.pdf- ./Coxon__Paul_12856_web_decision.pdf-  Serious departure from the personal and professional conduct elements of the ./Coxon__Paul_12856_web_decision.pdf- Teachers’ Standards; ./Coxon__Paul_12856_web_decision.pdf-  Misconduct seriously affecting the education and/or well-being of pupils, and ./Coxon__Paul_12856_web_decision.pdf- particularly where there is a continuing risk; ./Coxon__Paul_12856_web_decision.pdf-  A deep-seated attitude that leads to harmful behaviour; ./Coxon__Paul_12856_web_decision.pdf-  Abuse of position or trust (particularly involving vulnerable pupils) or violation of ./Coxon__Paul_12856_web_decision.pdf- the rights of pupils; ./Coxon__Paul_12856_web_decision.pdf-  Sustained or serious bullying, or other deliberate behaviour that undermines ./Coxon__Paul_12856_web_decision.pdf- pupils, the profession, the school or colleagues; ./Coxon__Paul_12856_web_decision.pdf:  Sexual misconduct, e.g. involving actions that were sexually motivated or of a ./Coxon__Paul_12856_web_decision.pdf: sexual nature and/or that use or exploit the trust, knowledge or influence derived ./Coxon__Paul_12856_web_decision.pdf- from the individual’s professional position; ./Coxon__Paul_12856_web_decision.pdf-Even though there were behaviours that would point to a prohibition order's being ./Coxon__Paul_12856_web_decision.pdf-appropriate, the panel went on to consider whether or not there were sufficient mitigating ./Coxon__Paul_12856_web_decision.pdf-factors to militate against a prohibition order's being an appropriate and proportionate ./Coxon__Paul_12856_web_decision.pdf-measure to impose, particularly taking into account the nature and severity of the ./Coxon__Paul_12856_web_decision.pdf-behaviour in this case. There was no such mitigation other than the fact that Mr Coxon ./Coxon__Paul_12856_web_decision.pdf-has a previously good record. ./Coxon__Paul_12856_web_decision.pdf- ./Coxon__Paul_12856_web_decision.pdf-The panel is of the view that prohibition is both proportionate and appropriate. The panel ./Coxon__Paul_12856_web_decision.pdf-has decided that the public interest considerations outweigh the interests of Mr Coxon. -- ./Coxon__Paul_12856_web_decision.pdf-prohibition order should be imposed with immediate effect. ./Coxon__Paul_12856_web_decision.pdf- ./Coxon__Paul_12856_web_decision.pdf-The panel went on to consider whether or not it would be appropriate for them to decide ./Coxon__Paul_12856_web_decision.pdf-to recommend that a review period of the order should be considered. The panel was ./Coxon__Paul_12856_web_decision.pdf-mindful that the Advice states that a prohibition order applies for life, but there may be ./Coxon__Paul_12856_web_decision.pdf-circumstances in any given case that may make it appropriate to allow a teacher to apply ./Coxon__Paul_12856_web_decision.pdf-to have the prohibition order reviewed after a specified period of time that may not be ./Coxon__Paul_12856_web_decision.pdf-less than 2 years. ./Coxon__Paul_12856_web_decision.pdf- ./Coxon__Paul_12856_web_decision.pdf-The Advice indicates that there are behaviours that, if proven, would militate against a ./Coxon__Paul_12856_web_decision.pdf:review period's being recommended. These behaviours include serious sexual ./Coxon__Paul_12856_web_decision.pdf:misconduct, e.g. where the act was sexually motivated and resulted in or had the ./Coxon__Paul_12856_web_decision.pdf-potential to result in, harm to a person or persons, particularly where the individual has ./Coxon__Paul_12856_web_decision.pdf-used their professional position to influence or exploit a person. ./Coxon__Paul_12856_web_decision.pdf- ./Coxon__Paul_12856_web_decision.pdf-The panel felt the findings indicated a situation in which a review period would not be ./Coxon__Paul_12856_web_decision.pdf-appropriate and as such decided that it would be proportionate in all the circumstances ./Coxon__Paul_12856_web_decision.pdf-for the prohibition order to be recommended without provisions for a review period. ./Coxon__Paul_12856_web_decision.pdf- ./Coxon__Paul_12856_web_decision.pdf- ./Coxon__Paul_12856_web_decision.pdf-Decision and reasons on behalf of the Secretary of State ./Coxon__Paul_12856_web_decision.pdf-I have given very careful consideration to this case and to the recommendations made by -- ./Coxon__Paul_12856_web_decision.pdf:Mr Coxon repeatedly made sexually motivated and inappropriate comments to two ./Coxon__Paul_12856_web_decision.pdf-pupils. His behaviour was on several occasions offensive, and he touched pupils on ./Coxon__Paul_12856_web_decision.pdf-intimate areas on numerous occasions. I note the panel found there was additional ./Coxon__Paul_12856_web_decision.pdf-inappropriate contact with and comment about other pupils. ./Coxon__Paul_12856_web_decision.pdf- ./Coxon__Paul_12856_web_decision.pdf-I note the panel has considered the particular public interest considerations set out in the ./Coxon__Paul_12856_web_decision.pdf-Advice and, having done so, has found a number of them to be relevant in this case, ./Coxon__Paul_12856_web_decision.pdf-namely: the protection of pupils; the maintenance of public confidence in the profession ./Coxon__Paul_12856_web_decision.pdf-and declaring and upholding proper standards of conduct. ./Coxon__Paul_12856_web_decision.pdf- ./Coxon__Paul_12856_web_decision.pdf-I agree with the panel that the findings of misconduct are serious and the conduct -- ./Coxon__Paul_12856_web_decision.pdf-into account the public interest as well as the interests of Mr Coxon. ./Coxon__Paul_12856_web_decision.pdf- ./Coxon__Paul_12856_web_decision.pdf-Having taken all those factors into account and having considered the panel’s ./Coxon__Paul_12856_web_decision.pdf-recommendation to me, I support the recommendation that Mr Coxon should be subject ./Coxon__Paul_12856_web_decision.pdf-to a prohibition order. I agree with the panel’s view that the proved facts are so serious ./Coxon__Paul_12856_web_decision.pdf-that no other outcome would sufficiently protect pupils or the public interest. ./Coxon__Paul_12856_web_decision.pdf- ./Coxon__Paul_12856_web_decision.pdf-I now turn to the matter of a review period. ./Coxon__Paul_12856_web_decision.pdf- ./Coxon__Paul_12856_web_decision.pdf-The Advice indicates that there are behaviours that, if proven, would militate against a ./Coxon__Paul_12856_web_decision.pdf:review period being recommended. These behaviours include serious sexual ./Coxon__Paul_12856_web_decision.pdf:misconduct, e.g. where the act was sexually motivated and resulted in or had the ./Coxon__Paul_12856_web_decision.pdf-potential to result in, harm to a person or persons, particularly where the individual has ./Coxon__Paul_12856_web_decision.pdf-used their professional position to influence or exploit a person. ./Coxon__Paul_12856_web_decision.pdf- ./Coxon__Paul_12856_web_decision.pdf-In the circumstances, and for the reasons set out, I support the panel’s recommendation ./Coxon__Paul_12856_web_decision.pdf-that there should be no review period. ./Coxon__Paul_12856_web_decision.pdf- ./Coxon__Paul_12856_web_decision.pdf-This means that Mr Paul Coxon is prohibited from teaching indefinitely and cannot ./Coxon__Paul_12856_web_decision.pdf-teach in any school, sixth form college, relevant youth accommodation or ./Coxon__Paul_12856_web_decision.pdf-children’s home in England. Furthermore, in view of the seriousness of the allegations ./Coxon__Paul_12856_web_decision.pdf-found proved against him, I have decided that Mr Coxon shall not be entitled to apply for ./Cudjoe-Calvocoressi__Nuku_Vanonyi_0758192_Web_Decision_150415.pdf-Magistrates’ Court to a supervision requirement, a community order until 27 July ./Cudjoe-Calvocoressi__Nuku_Vanonyi_0758192_Web_Decision_150415.pdf:2017, costs of £85.00, compensation of £700.00, sex offenders notice for 5 years, a ./Cudjoe-Calvocoressi__Nuku_Vanonyi_0758192_Web_Decision_150415.pdf-programme requirement and victim surcharge of £60.00. ./Cudjoe-Calvocoressi__Nuku_Vanonyi_0758192_Web_Decision_150415.pdf- ./Cudjoe-Calvocoressi__Nuku_Vanonyi_0758192_Web_Decision_150415.pdf-Mr Cudjoe-Calvocoressi admitted the alleged facts and admitted that the conviction ./Cudjoe-Calvocoressi__Nuku_Vanonyi_0758192_Web_Decision_150415.pdf-was for a relevant offence. ./Cudjoe-Calvocoressi__Nuku_Vanonyi_0758192_Web_Decision_150415.pdf- ./Cudjoe-Calvocoressi__Nuku_Vanonyi_0758192_Web_Decision_150415.pdf- ./Cudjoe-Calvocoressi__Nuku_Vanonyi_0758192_Web_Decision_150415.pdf-C. Preliminary applications ./Cudjoe-Calvocoressi__Nuku_Vanonyi_0758192_Web_Decision_150415.pdf-There were no preliminary applications. ./Cudjoe-Calvocoressi__Nuku_Vanonyi_0758192_Web_Decision_150415.pdf- ./Cudjoe-Calvocoressi__Nuku_Vanonyi_0758192_Web_Decision_150415.pdf- -- ./Cudjoe-Calvocoressi__Nuku_Vanonyi_0758192_Web_Decision_150415.pdf-Our findings of fact are as follows: ./Cudjoe-Calvocoressi__Nuku_Vanonyi_0758192_Web_Decision_150415.pdf- ./Cudjoe-Calvocoressi__Nuku_Vanonyi_0758192_Web_Decision_150415.pdf-It was alleged that Mr Cudjoe-Calvocoressi had been convicted of a relevant ./Cudjoe-Calvocoressi__Nuku_Vanonyi_0758192_Web_Decision_150415.pdf-offence, in that: ./Cudjoe-Calvocoressi__Nuku_Vanonyi_0758192_Web_Decision_150415.pdf- ./Cudjoe-Calvocoressi__Nuku_Vanonyi_0758192_Web_Decision_150415.pdf-On 30 June 2014, he was convicted at Berkshire Magistrates’ Court of the ./Cudjoe-Calvocoressi__Nuku_Vanonyi_0758192_Web_Decision_150415.pdf-offence of indecent exposure, contrary to Section 66, Sexual Offences Act ./Cudjoe-Calvocoressi__Nuku_Vanonyi_0758192_Web_Decision_150415.pdf-2003. He committed this offence on 13 June 2014 when he exposed himself on ./Cudjoe-Calvocoressi__Nuku_Vanonyi_0758192_Web_Decision_150415.pdf-the train to a female passenger. As a result of his conviction, he was sentenced ./Cudjoe-Calvocoressi__Nuku_Vanonyi_0758192_Web_Decision_150415.pdf-at the Berkshire Magistrates’ Court to a supervision requirement, a community ./Cudjoe-Calvocoressi__Nuku_Vanonyi_0758192_Web_Decision_150415.pdf:order until 27 July 2017, costs of £85.00, compensation of £700.00, sex ./Cudjoe-Calvocoressi__Nuku_Vanonyi_0758192_Web_Decision_150415.pdf-offenders notice for 5 years, a programme requirement and victim surcharge of ./Cudjoe-Calvocoressi__Nuku_Vanonyi_0758192_Web_Decision_150415.pdf-£60.00. ./Cudjoe-Calvocoressi__Nuku_Vanonyi_0758192_Web_Decision_150415.pdf- ./Cudjoe-Calvocoressi__Nuku_Vanonyi_0758192_Web_Decision_150415.pdf-The panel finds the facts proved, based on Mr Cudjoe-Calvocoressi’s admission, the ./Cudjoe-Calvocoressi__Nuku_Vanonyi_0758192_Web_Decision_150415.pdf-statement of agreed facts and the memorandum from the Berkshire Magistrates’ ./Cudjoe-Calvocoressi__Nuku_Vanonyi_0758192_Web_Decision_150415.pdf-Court evidencing his admission and conviction. ./Cudjoe-Calvocoressi__Nuku_Vanonyi_0758192_Web_Decision_150415.pdf- ./Cudjoe-Calvocoressi__Nuku_Vanonyi_0758192_Web_Decision_150415.pdf-Findings as to conviction of a relevant offence ./Cudjoe-Calvocoressi__Nuku_Vanonyi_0758192_Web_Decision_150415.pdf-The panel noted that Mr Cudjoe-Calvocoressi admitted that the conviction was for a ./Cudjoe-Calvocoressi__Nuku_Vanonyi_0758192_Web_Decision_150415.pdf-relevant offence. The panel took this admission into account, but made its own -- ./Cudjoe-Calvocoressi__Nuku_Vanonyi_0758192_Web_Decision_150415.pdf-  His actions would be likely to affect public confidence in the teaching ./Cudjoe-Calvocoressi__Nuku_Vanonyi_0758192_Web_Decision_150415.pdf- profession ./Cudjoe-Calvocoressi__Nuku_Vanonyi_0758192_Web_Decision_150415.pdf-  Although a term of imprisonment was not imposed, the offence involved ./Cudjoe-Calvocoressi__Nuku_Vanonyi_0758192_Web_Decision_150415.pdf: sexual activity and the sentence imposed by the Court was at the highest end ./Cudjoe-Calvocoressi__Nuku_Vanonyi_0758192_Web_Decision_150415.pdf- of community sentence available. ./Cudjoe-Calvocoressi__Nuku_Vanonyi_0758192_Web_Decision_150415.pdf- ./Cudjoe-Calvocoressi__Nuku_Vanonyi_0758192_Web_Decision_150415.pdf- ./Cudjoe-Calvocoressi__Nuku_Vanonyi_0758192_Web_Decision_150415.pdf- ./Cudjoe-Calvocoressi__Nuku_Vanonyi_0758192_Web_Decision_150415.pdf-Panel’s recommendation to the Secretary of State ./Cudjoe-Calvocoressi__Nuku_Vanonyi_0758192_Web_Decision_150415.pdf-The panel considers that the actions of Mr Cudjoe-Calvocoressi were incompatible ./Cudjoe-Calvocoressi__Nuku_Vanonyi_0758192_Web_Decision_150415.pdf-with being a teacher for the following reasons: ./Cudjoe-Calvocoressi__Nuku_Vanonyi_0758192_Web_Decision_150415.pdf- ./Cudjoe-Calvocoressi__Nuku_Vanonyi_0758192_Web_Decision_150415.pdf-  This was a serious departure from the personal and professional conduct ./Cudjoe-Calvocoressi__Nuku_Vanonyi_0758192_Web_Decision_150415.pdf- elements of the Teachers’ Standards; ./Cudjoe-Calvocoressi__Nuku_Vanonyi_0758192_Web_Decision_150415.pdf:  It involved sexual misconduct involving actions of a sexual nature which were ./Cudjoe-Calvocoressi__Nuku_Vanonyi_0758192_Web_Decision_150415.pdf- intended to cause alarm or distress; ./Cudjoe-Calvocoressi__Nuku_Vanonyi_0758192_Web_Decision_150415.pdf-  This was a criminal offence resulting in a conviction and significant sanction. ./Cudjoe-Calvocoressi__Nuku_Vanonyi_0758192_Web_Decision_150415.pdf-The panel considered whether there were any mitigating circumstances. The panel ./Cudjoe-Calvocoressi__Nuku_Vanonyi_0758192_Web_Decision_150415.pdf-noted that Mr Cudjoe-Calvocoressi pleaded guilty to the offence, having initially ./Cudjoe-Calvocoressi__Nuku_Vanonyi_0758192_Web_Decision_150415.pdf-denied the offence. He has expressed regret for his actions. However, his actions ./Cudjoe-Calvocoressi__Nuku_Vanonyi_0758192_Web_Decision_150415.pdf-were deliberate and the panel did not think the fact that Mr Cudjoe-Calvocoressi had ./Cudjoe-Calvocoressi__Nuku_Vanonyi_0758192_Web_Decision_150415.pdf-been drinking prior to the incident was a mitigating factor. Furthermore, Mr Cudjoe- ./Cudjoe-Calvocoressi__Nuku_Vanonyi_0758192_Web_Decision_150415.pdf-Calvocoressi has not demonstrated insight into the consequences of his actions. In ./Cudjoe-Calvocoressi__Nuku_Vanonyi_0758192_Web_Decision_150415.pdf-an email dated 5 March 2015 to the presenting officer, Mr Cudjoe-Calvocoressi ./Cudjoe-Calvocoressi__Nuku_Vanonyi_0758192_Web_Decision_150415.pdf-maintained that he did not intend to cause distress to the victim, despite this being an -- ./Cudjoe-Calvocoressi__Nuku_Vanonyi_0758192_Web_Decision_150415.pdf-panel shares this view. ./Cudjoe-Calvocoressi__Nuku_Vanonyi_0758192_Web_Decision_150415.pdf- ./Cudjoe-Calvocoressi__Nuku_Vanonyi_0758192_Web_Decision_150415.pdf-The panel is satisfied that a prohibition order is necessary in the public interest in ./Cudjoe-Calvocoressi__Nuku_Vanonyi_0758192_Web_Decision_150415.pdf-order to maintain public confidence in the teaching profession and to declare and ./Cudjoe-Calvocoressi__Nuku_Vanonyi_0758192_Web_Decision_150415.pdf-uphold proper standards of conduct. This is the recommendation of the panel. ./Cudjoe-Calvocoressi__Nuku_Vanonyi_0758192_Web_Decision_150415.pdf- ./Cudjoe-Calvocoressi__Nuku_Vanonyi_0758192_Web_Decision_150415.pdf-The panel considered whether to recommend that Mr Cudjoe-Calvocoressi be ./Cudjoe-Calvocoressi__Nuku_Vanonyi_0758192_Web_Decision_150415.pdf-allowed to make a future application to have the prohibition order set aside. The ./Cudjoe-Calvocoressi__Nuku_Vanonyi_0758192_Web_Decision_150415.pdf-panel had regard to the list of factors in section 7 of ‘Teacher Misconduct: The ./Cudjoe-Calvocoressi__Nuku_Vanonyi_0758192_Web_Decision_150415.pdf-Prohibition of Teachers’. In particular the panel considered whether the action of Mr ./Cudjoe-Calvocoressi__Nuku_Vanonyi_0758192_Web_Decision_150415.pdf:Cudjoe-Calvocoressi amounted to serious sexual misconduct. The panel noted that it ./Cudjoe-Calvocoressi__Nuku_Vanonyi_0758192_Web_Decision_150415.pdf:was not alleged that the offence was sexually motivated and did not involve children ./Cudjoe-Calvocoressi__Nuku_Vanonyi_0758192_Web_Decision_150415.pdf-or the use of his professional position. Whilst the panel recognised that the offence ./Cudjoe-Calvocoressi__Nuku_Vanonyi_0758192_Web_Decision_150415.pdf-had the potential to result in harm, there is no evidence that it did so. ./Cudjoe-Calvocoressi__Nuku_Vanonyi_0758192_Web_Decision_150415.pdf- ./Cudjoe-Calvocoressi__Nuku_Vanonyi_0758192_Web_Decision_150415.pdf- ./Cudjoe-Calvocoressi__Nuku_Vanonyi_0758192_Web_Decision_150415.pdf- 6 ./Cudjoe-Calvocoressi__Nuku_Vanonyi_0758192_Web_Decision_150415.pdf- -- ./Cudjoe-Calvocoressi__Nuku_Vanonyi_0758192_Web_Decision_150415.pdf-The panel recognised that the sentence imposed requires Mr Cudjoe-Calvocoressi to ./Cudjoe-Calvocoressi__Nuku_Vanonyi_0758192_Web_Decision_150415.pdf-attend a Sex Offender Treatment Programme for 63 days within a 3 year period. He ./Cudjoe-Calvocoressi__Nuku_Vanonyi_0758192_Web_Decision_150415.pdf:was also required to register as a sex offender for a period of 5 years from 28 July ./Cudjoe-Calvocoressi__Nuku_Vanonyi_0758192_Web_Decision_150415.pdf-2014. The panel remains concerned about Mr Cudjoe-Calvocoressi’s current lack of ./Cudjoe-Calvocoressi__Nuku_Vanonyi_0758192_Web_Decision_150415.pdf-insight, but recognised that successful completion of the programme may generate ./Cudjoe-Calvocoressi__Nuku_Vanonyi_0758192_Web_Decision_150415.pdf-deeper insight, which the panel would expect to be demonstrated before he could be ./Cudjoe-Calvocoressi__Nuku_Vanonyi_0758192_Web_Decision_150415.pdf-considered for a return to teaching. The panel recommends that Mr Cudjoe- ./Cudjoe-Calvocoressi__Nuku_Vanonyi_0758192_Web_Decision_150415.pdf-Calvocoressi be permitted to apply for the prohibition order to be set aside on or after ./Cudjoe-Calvocoressi__Nuku_Vanonyi_0758192_Web_Decision_150415.pdf-29 July 2019, being the date on which Mr Cudjoe-Calvocoressi will cease to be ./Cudjoe-Calvocoressi__Nuku_Vanonyi_0758192_Web_Decision_150415.pdf-registered on the Sex Offenders Register. ./Cudjoe-Calvocoressi__Nuku_Vanonyi_0758192_Web_Decision_150415.pdf- ./Cudjoe-Calvocoressi__Nuku_Vanonyi_0758192_Web_Decision_150415.pdf- ./Cudjoe-Calvocoressi__Nuku_Vanonyi_0758192_Web_Decision_150415.pdf- -- ./Cudjoe-Calvocoressi__Nuku_Vanonyi_0758192_Web_Decision_150415.pdf-maintenance of public confidence in the profession and the declaring and upholding ./Cudjoe-Calvocoressi__Nuku_Vanonyi_0758192_Web_Decision_150415.pdf-of proper standards of conduct. Mr Cudjoe-Calvocoressi’s actions were deliberate ./Cudjoe-Calvocoressi__Nuku_Vanonyi_0758192_Web_Decision_150415.pdf-and the panel do not consider the fact that he had been drinking prior to the event as ./Cudjoe-Calvocoressi__Nuku_Vanonyi_0758192_Web_Decision_150415.pdf-being a mitigating factor. Whilst Mr Cudjoe-Calvocoressi has expressed regret, he ./Cudjoe-Calvocoressi__Nuku_Vanonyi_0758192_Web_Decision_150415.pdf-has not shown insight into the consequences of his actions. ./Cudjoe-Calvocoressi__Nuku_Vanonyi_0758192_Web_Decision_150415.pdf- ./Cudjoe-Calvocoressi__Nuku_Vanonyi_0758192_Web_Decision_150415.pdf-I agree with the panel’s recommendation that a prohibition order is an appropriate ./Cudjoe-Calvocoressi__Nuku_Vanonyi_0758192_Web_Decision_150415.pdf-and proportionate sanction. ./Cudjoe-Calvocoressi__Nuku_Vanonyi_0758192_Web_Decision_150415.pdf- ./Cudjoe-Calvocoressi__Nuku_Vanonyi_0758192_Web_Decision_150415.pdf-The panel have given due consideration to the seriousness of his actions. There is no ./Cudjoe-Calvocoressi__Nuku_Vanonyi_0758192_Web_Decision_150415.pdf:allegation that his actions were sexually motivated and his actions did not involve ./Cudjoe-Calvocoressi__Nuku_Vanonyi_0758192_Web_Decision_150415.pdf-children nor did he use his professional position. Whilst his actions had the potential ./Cudjoe-Calvocoressi__Nuku_Vanonyi_0758192_Web_Decision_150415.pdf-to cause harm, there is no evidence that they did so. In all the circumstances I agree ./Cudjoe-Calvocoressi__Nuku_Vanonyi_0758192_Web_Decision_150415.pdf-with the panel’s recommendation that Mr Cudjoe-Calvocoressi be allowed to apply for ./Cudjoe-Calvocoressi__Nuku_Vanonyi_0758192_Web_Decision_150415.pdf-the order to be set aside on or after 29 July 2019. ./Cudjoe-Calvocoressi__Nuku_Vanonyi_0758192_Web_Decision_150415.pdf- ./Cudjoe-Calvocoressi__Nuku_Vanonyi_0758192_Web_Decision_150415.pdf-This means that Mr Nuku Vanonyi Cudjoe-Calvocoressi is prohibited from ./Cudjoe-Calvocoressi__Nuku_Vanonyi_0758192_Web_Decision_150415.pdf-teaching indefinitely and cannot teach in any school, sixth form college, ./Cudjoe-Calvocoressi__Nuku_Vanonyi_0758192_Web_Decision_150415.pdf-relevant youth accommodation or children’s home in England. He may apply for ./Cudjoe-Calvocoressi__Nuku_Vanonyi_0758192_Web_Decision_150415.pdf- ./Cudjoe-Calvocoressi__Nuku_Vanonyi_0758192_Web_Decision_150415.pdf- 7 ./Cundick__Allan_14540_-_Web_decision.pdf- three years (to run concurrently with the sentence set out at paragraph 8). ./Cundick__Allan_14540_-_Web_decision.pdf- ./Cundick__Allan_14540_-_Web_decision.pdf- 7. On 15 January 2015, at Guildford Crown Court, he was convicted of indecent ./Cundick__Allan_14540_-_Web_decision.pdf- assault on a female under 14 between 1 January 1990 and 1 January 1994 ./Cundick__Allan_14540_-_Web_decision.pdf- contrary to section 14 of the Sexual Offences Act 1956. He was imprisoned for ./Cundick__Allan_14540_-_Web_decision.pdf- three years (to run concurrently with the sentence set out at paragraph 8). ./Cundick__Allan_14540_-_Web_decision.pdf- ./Cundick__Allan_14540_-_Web_decision.pdf- 8. On 15 January 2015, at Guildford Crown Court, he was convicted of indecent ./Cundick__Allan_14540_-_Web_decision.pdf- assault on a female under 14 between 1 January 1990 and 1 January 1994 ./Cundick__Allan_14540_-_Web_decision.pdf- contrary to section 14 of the Sexual Offences Act 1956. He was imprisoned for ./Cundick__Allan_14540_-_Web_decision.pdf: four years, given a sex offenders notice indefinitely and a sexual offences ./Cundick__Allan_14540_-_Web_decision.pdf- prevention order indefinitely. ./Cundick__Allan_14540_-_Web_decision.pdf- ./Cundick__Allan_14540_-_Web_decision.pdf- ./Cundick__Allan_14540_-_Web_decision.pdf- ./Cundick__Allan_14540_-_Web_decision.pdf- ./Cundick__Allan_14540_-_Web_decision.pdf- 4 ./Cundick__Allan_14540_-_Web_decision.pdf- -- ./Cundick__Allan_14540_-_Web_decision.pdf-Mr Allan Cundick is a qualified teacher who worked as a science teacher. He retired in ./Cundick__Allan_14540_-_Web_decision.pdf-1989. Mr Cundick was a preacher in his church. He withdrew from the church fellowship ./Cundick__Allan_14540_-_Web_decision.pdf-in June 2011. On 13 June 2011, Mr Cundick received a police caution for an offence of ./Cundick__Allan_14540_-_Web_decision.pdf-indecently assaulting a female under the age of 14 between 1 January 1990 and 1 ./Cundick__Allan_14540_-_Web_decision.pdf-January 1994. On 15 January 2015, Mr Cundick was convicted at Guildford Crown Court ./Cundick__Allan_14540_-_Web_decision.pdf-of eight counts of indecently assaulting a female contrary to section 14 of the Sexual ./Cundick__Allan_14540_-_Web_decision.pdf-Offences Act 1956. In respect of four of these offences, the female concerned was under ./Cundick__Allan_14540_-_Web_decision.pdf-14 years of age. In respect of one of the other four offences, the female concerned was ./Cundick__Allan_14540_-_Web_decision.pdf-under 16 years of age. The offences were committed on various dates between 1 ./Cundick__Allan_14540_-_Web_decision.pdf-September 1972 and 26 March 2004. Mr Cundick was sentenced to imprisonment and ./Cundick__Allan_14540_-_Web_decision.pdf:ordered to sign the sex offenders register indefinitely. He was also given a sexual ./Cundick__Allan_14540_-_Web_decision.pdf-offences prevention order indefinitely. ./Cundick__Allan_14540_-_Web_decision.pdf- ./Cundick__Allan_14540_-_Web_decision.pdf-Findings of fact ./Cundick__Allan_14540_-_Web_decision.pdf-Our findings of fact are as follows: ./Cundick__Allan_14540_-_Web_decision.pdf- ./Cundick__Allan_14540_-_Web_decision.pdf-It was alleged that you are guilty of having been convicted of a relevant offence, in ./Cundick__Allan_14540_-_Web_decision.pdf-that: ./Cundick__Allan_14540_-_Web_decision.pdf- ./Cundick__Allan_14540_-_Web_decision.pdf-1. On 15 January 2015, at Guildford Crown Court, you were convicted of indecent ./Cundick__Allan_14540_-_Web_decision.pdf- assault on a female aged 16 or over on 26 March 2004 contrary to section 14 of -- ./Cundick__Allan_14540_-_Web_decision.pdf- three years (to run concurrently with the sentence set out at paragraph 8. ./Cundick__Allan_14540_-_Web_decision.pdf- ./Cundick__Allan_14540_-_Web_decision.pdf-7. On 15 January 2015, at Guildford Crown Court, you were convicted of indecent ./Cundick__Allan_14540_-_Web_decision.pdf- assault on a female under 14 between 1 January 1990 and 1 January 1994 ./Cundick__Allan_14540_-_Web_decision.pdf- contrary to section 14 of the Sexual Offences Act 1956. You were imprisoned for ./Cundick__Allan_14540_-_Web_decision.pdf- three years (to run concurrently with the sentence set out at paragraph 8). ./Cundick__Allan_14540_-_Web_decision.pdf- ./Cundick__Allan_14540_-_Web_decision.pdf-8. On 15 January 2015, at Guildford Crown Court, you were convicted of indecent ./Cundick__Allan_14540_-_Web_decision.pdf- assault on a female under 14 between 1 January 1990 and 1 January 1994 ./Cundick__Allan_14540_-_Web_decision.pdf- contrary to section 14 of the Sexual Offences Act 1956. You were imprisoned for ./Cundick__Allan_14540_-_Web_decision.pdf: four years, given a sex offenders notice indefinitely and a sexual offences ./Cundick__Allan_14540_-_Web_decision.pdf- prevention order indefinitely. ./Cundick__Allan_14540_-_Web_decision.pdf- ./Cundick__Allan_14540_-_Web_decision.pdf-It is further alleged that you are guilty of unacceptable professional conduct/ ./Cundick__Allan_14540_-_Web_decision.pdf-conduct that may bring the profession into disrepute in that: ./Cundick__Allan_14540_-_Web_decision.pdf- ./Cundick__Allan_14540_-_Web_decision.pdf-1. You received a caution from Surrey Police on 13 June 2011 for indecent assault ./Cundick__Allan_14540_-_Web_decision.pdf- on a female under 14 between 1 January 1990 and 1 January 1994 contrary to ./Cundick__Allan_14540_-_Web_decision.pdf- section 14 of the Sexual Offences Act 1956. ./Cundick__Allan_14540_-_Web_decision.pdf- ./Cundick__Allan_14540_-_Web_decision.pdf- -- ./Cundick__Allan_14540_-_Web_decision.pdf- at all times observing proper boundaries appropriate to a teacher’s ./Cundick__Allan_14540_-_Web_decision.pdf- professional position; ./Cundick__Allan_14540_-_Web_decision.pdf- o having regard for the need to safeguard pupils’ well-being, in accordance with ./Cundick__Allan_14540_-_Web_decision.pdf- statutory provisions; ./Cundick__Allan_14540_-_Web_decision.pdf- o showing tolerance of and respect for the rights of others; ./Cundick__Allan_14540_-_Web_decision.pdf-The panel is satisfied that the conduct of Mr Cundick fell significantly short of the ./Cundick__Allan_14540_-_Web_decision.pdf-standards expected of the profession. ./Cundick__Allan_14540_-_Web_decision.pdf- ./Cundick__Allan_14540_-_Web_decision.pdf-The panel has also considered whether Mr Cundick's conduct displayed behaviours ./Cundick__Allan_14540_-_Web_decision.pdf-associated with any of the offences listed on pages 8 and 9 of the Advice and the panel ./Cundick__Allan_14540_-_Web_decision.pdf:has found that the offence of sexual activity applies. ./Cundick__Allan_14540_-_Web_decision.pdf- ./Cundick__Allan_14540_-_Web_decision.pdf-The Advice indicates that where behaviours associated with such an offence exist, a ./Cundick__Allan_14540_-_Web_decision.pdf-panel is likely to conclude that an individual’s conduct would amount to unacceptable ./Cundick__Allan_14540_-_Web_decision.pdf-professional conduct. ./Cundick__Allan_14540_-_Web_decision.pdf- ./Cundick__Allan_14540_-_Web_decision.pdf-The panel notes that the offence for which he was cautioned took place outside of the ./Cundick__Allan_14540_-_Web_decision.pdf-education setting. However, the panel is satisfied that the conduct affects the way the ./Cundick__Allan_14540_-_Web_decision.pdf-person fulfils their teaching role or may lead to pupils being exposed to or influenced by ./Cundick__Allan_14540_-_Web_decision.pdf-the behaviour in a harmful way. ./Cundick__Allan_14540_-_Web_decision.pdf- -- ./Cundick__Allan_14540_-_Web_decision.pdf-The panel therefore finds that Mr Cundick's actions constitute conduct that may bring the ./Cundick__Allan_14540_-_Web_decision.pdf-profession into disrepute. ./Cundick__Allan_14540_-_Web_decision.pdf- ./Cundick__Allan_14540_-_Web_decision.pdf-Regarding allegations 1 to 8, the panel is satisfied that the conduct of Mr Cundick in ./Cundick__Allan_14540_-_Web_decision.pdf-relation to the facts it has found proved, involved the same breaches of the Teachers’ ./Cundick__Allan_14540_-_Web_decision.pdf-Standards as referred to earlier. ./Cundick__Allan_14540_-_Web_decision.pdf- ./Cundick__Allan_14540_-_Web_decision.pdf-The panel noted that the individual’s actions were relevant to teaching, working with ./Cundick__Allan_14540_-_Web_decision.pdf:children and/or working in an education setting. The offences were of a sexual nature ./Cundick__Allan_14540_-_Web_decision.pdf-and were committed when he was in a position of trust within his church community. ./Cundick__Allan_14540_-_Web_decision.pdf-Some of the offences involved children of school age. ./Cundick__Allan_14540_-_Web_decision.pdf- ./Cundick__Allan_14540_-_Web_decision.pdf-The panel noted that the behaviour involved in committing the offences had an impact on ./Cundick__Allan_14540_-_Web_decision.pdf-the safety and well-being of the victims. According to the sentencing transcript, this ./Cundick__Allan_14540_-_Web_decision.pdf-involved psychological trauma, including inability to trust people, loss of religious faith, ./Cundick__Allan_14540_-_Web_decision.pdf-self-harm and suicide attempts. ./Cundick__Allan_14540_-_Web_decision.pdf- ./Cundick__Allan_14540_-_Web_decision.pdf-The panel has also taken account of how the teaching profession is viewed by others. ./Cundick__Allan_14540_-_Web_decision.pdf-The panel considered that Mr Cundick's behaviour in committing the offences could affect ./Cundick__Allan_14540_-_Web_decision.pdf-the public confidence in the teaching profession given the influence that teachers may ./Cundick__Allan_14540_-_Web_decision.pdf-have on pupils, parents and others in the community. ./Cundick__Allan_14540_-_Web_decision.pdf- ./Cundick__Allan_14540_-_Web_decision.pdf-The panel has noted that Mr Cundick's behaviour has ultimately led to him receiving a ./Cundick__Allan_14540_-_Web_decision.pdf-significant sentence of imprisonment which is indicative of the seriousness of the ./Cundick__Allan_14540_-_Web_decision.pdf:offences committed. In addition, Mr Cundick was placed on the sex offenders register ./Cundick__Allan_14540_-_Web_decision.pdf:indefinitely and was also made the subject of a sexual offences prevention order ./Cundick__Allan_14540_-_Web_decision.pdf-indefinitely. ./Cundick__Allan_14540_-_Web_decision.pdf- ./Cundick__Allan_14540_-_Web_decision.pdf:This is a case involving offences of sexual activity, which the Advice states are likely to ./Cundick__Allan_14540_-_Web_decision.pdf-be considered relevant offences. ./Cundick__Allan_14540_-_Web_decision.pdf- ./Cundick__Allan_14540_-_Web_decision.pdf-The panel, therefore, considers these convictions are relevant to Mr Cundick's ongoing ./Cundick__Allan_14540_-_Web_decision.pdf-suitability to teach and are relevant offences. ./Cundick__Allan_14540_-_Web_decision.pdf- ./Cundick__Allan_14540_-_Web_decision.pdf- ./Cundick__Allan_14540_-_Web_decision.pdf-Panel’s recommendation to the Secretary of State ./Cundick__Allan_14540_-_Web_decision.pdf-Given the panel’s findings in respect of unacceptable professional conduct/conduct that ./Cundick__Allan_14540_-_Web_decision.pdf-may bring the profession into disrepute and convictions of relevant offences, it is ./Cundick__Allan_14540_-_Web_decision.pdf-necessary for the panel to go on to consider whether it would be appropriate to -- ./Cundick__Allan_14540_-_Web_decision.pdf-Cundick. The panel took further account of the Advice, which suggests that a prohibition ./Cundick__Allan_14540_-_Web_decision.pdf-order may be appropriate if certain behaviours of a teacher have been proven. In the list ./Cundick__Allan_14540_-_Web_decision.pdf-of such behaviours, those that are relevant in this case are: ./Cundick__Allan_14540_-_Web_decision.pdf- ./Cundick__Allan_14540_-_Web_decision.pdf-  serious departure from the personal and professional conduct elements of the ./Cundick__Allan_14540_-_Web_decision.pdf- Teachers’ Standards; ./Cundick__Allan_14540_-_Web_decision.pdf-  misconduct seriously affecting the education and/or well-being of pupils, and ./Cundick__Allan_14540_-_Web_decision.pdf- particularly where there is a continuing risk; ./Cundick__Allan_14540_-_Web_decision.pdf-  a deep-seated attitude that leads to harmful behaviour; ./Cundick__Allan_14540_-_Web_decision.pdf-  abuse of position or trust (particularly involving vulnerable individuals); ./Cundick__Allan_14540_-_Web_decision.pdf:  sexual misconduct, involving actions that were sexually motivated or of a sexual ./Cundick__Allan_14540_-_Web_decision.pdf- nature and that use or exploit the trust, knowledge or influence derived from the ./Cundick__Allan_14540_-_Web_decision.pdf- individual’s professional position; ./Cundick__Allan_14540_-_Web_decision.pdf-  the commission of serious criminal offences, resulting in convictions and a caution. ./Cundick__Allan_14540_-_Web_decision.pdf- ./Cundick__Allan_14540_-_Web_decision.pdf- ./Cundick__Allan_14540_-_Web_decision.pdf- 10 ./Cundick__Allan_14540_-_Web_decision.pdf- -- ./Cundick__Allan_14540_-_Web_decision.pdf-had a previously good history in his teaching career. ./Cundick__Allan_14540_-_Web_decision.pdf- ./Cundick__Allan_14540_-_Web_decision.pdf-The panel notes from the sentencing transcript that the judge refers to Mr Cundick's lack ./Cundick__Allan_14540_-_Web_decision.pdf-of insight, which included attempts to minimise the offence which led to the caution and ./Cundick__Allan_14540_-_Web_decision.pdf-also Mr Cundick's description of his behaviour as a 'momentary lapse.' The judge also ./Cundick__Allan_14540_-_Web_decision.pdf-referred to Mr Cundick's assertion that there was no evidence of severe psychological ./Cundick__Allan_14540_-_Web_decision.pdf-harm suffered by victims, when the judge's conclusion was to the contrary. ./Cundick__Allan_14540_-_Web_decision.pdf- ./Cundick__Allan_14540_-_Web_decision.pdf-The panel has also noted from the sentencing transcript that his pre-sentence report ./Cundick__Allan_14540_-_Web_decision.pdf-assessed Mr Cundick as posing a high risk of committing such offences in the future if ./Cundick__Allan_14540_-_Web_decision.pdf:the opportunity arose. The court concluded that it was necessary to impose a sexual ./Cundick__Allan_14540_-_Web_decision.pdf-offences prevention order under sections 104 and 106 of the Sexual Offences Act 2003 ./Cundick__Allan_14540_-_Web_decision.pdf-to prevent Mr Cundick from committing further offences. ./Cundick__Allan_14540_-_Web_decision.pdf- ./Cundick__Allan_14540_-_Web_decision.pdf-The panel is of the view that prohibition is both proportionate and appropriate. The panel ./Cundick__Allan_14540_-_Web_decision.pdf-has decided that the public interest considerations outweigh the interests of Mr Cundick. ./Cundick__Allan_14540_-_Web_decision.pdf-The panel considers that the behaviour of an individual with such convictions, who is on ./Cundick__Allan_14540_-_Web_decision.pdf:the sex offenders register and subject to a sexual offences prevention order indefinitely, ./Cundick__Allan_14540_-_Web_decision.pdf-is fundamentally incompatible with being a teacher. Accordingly, the panel makes a ./Cundick__Allan_14540_-_Web_decision.pdf-recommendation to the Secretary of State that a prohibition order should be imposed with ./Cundick__Allan_14540_-_Web_decision.pdf-immediate effect. ./Cundick__Allan_14540_-_Web_decision.pdf- ./Cundick__Allan_14540_-_Web_decision.pdf-The panel went on to consider whether or not it would be appropriate to recommend that ./Cundick__Allan_14540_-_Web_decision.pdf-a review period of the order should be considered. The panel was mindful that a ./Cundick__Allan_14540_-_Web_decision.pdf-prohibition order applies for life, but there may be circumstances in any given case that ./Cundick__Allan_14540_-_Web_decision.pdf-may make it appropriate to allow a teacher to apply to have the prohibition order ./Cundick__Allan_14540_-_Web_decision.pdf-reviewed after a specified period of time that may not be less than 2 years. ./Cundick__Allan_14540_-_Web_decision.pdf- ./Cundick__Allan_14540_-_Web_decision.pdf-The Advice indicates that there are behaviours that, if proven, would militate against a ./Cundick__Allan_14540_-_Web_decision.pdf:review period being recommended. These behaviours include serious sexual ./Cundick__Allan_14540_-_Web_decision.pdf:misconduct, where the act was sexually motivated and resulted in or had the potential to ./Cundick__Allan_14540_-_Web_decision.pdf-result in, harm to a person or persons, particularly where the individual has used their ./Cundick__Allan_14540_-_Web_decision.pdf-professional position to influence or exploit a person or persons. The judge noted that it ./Cundick__Allan_14540_-_Web_decision.pdf-was significant in this case that Mr Cundick was a 'highly respected member and integral ./Cundick__Allan_14540_-_Web_decision.pdf-part of a close knit church community.' The panel notes also the judge's remarks that Mr ./Cundick__Allan_14540_-_Web_decision.pdf- ./Cundick__Allan_14540_-_Web_decision.pdf- 11 ./Cundick__Allan_14540_-_Web_decision.pdf- -- ./Cundick__Allan_14540_-_Web_decision.pdf-case. The panel has found all the allegations proven, given Mr Cundick has been ./Cundick__Allan_14540_-_Web_decision.pdf-convicted as alleged of relevant offences. The panel is satisfied that Mr Cundick is guilty ./Cundick__Allan_14540_-_Web_decision.pdf-of unacceptable professional conduct and conduct that may bring the profession into ./Cundick__Allan_14540_-_Web_decision.pdf-disrepute. ./Cundick__Allan_14540_-_Web_decision.pdf- ./Cundick__Allan_14540_-_Web_decision.pdf-I note the panel is satisfied that the conduct of Mr Cundick in relation to the facts found ./Cundick__Allan_14540_-_Web_decision.pdf-proved, involved breaches of the Teachers’ Standards. ./Cundick__Allan_14540_-_Web_decision.pdf- ./Cundick__Allan_14540_-_Web_decision.pdf-Mr Cundick has been convicted of indecent assault . In respect of four of these offences ./Cundick__Allan_14540_-_Web_decision.pdf-the female concerned was under 14 years of age. Mr Cundick was sentenced to ./Cundick__Allan_14540_-_Web_decision.pdf:imprisonment and ordered to sign the sex offenders register indefinitely. ./Cundick__Allan_14540_-_Web_decision.pdf- ./Cundick__Allan_14540_-_Web_decision.pdf-I have considered the public interest in this case. I agree with the panel that there is a ./Cundick__Allan_14540_-_Web_decision.pdf-strong public interest consideration of the protection of pupils and other members of the ./Cundick__Allan_14540_-_Web_decision.pdf-public given the seriousness of the behaviour. I agree with the panel that the conduct ./Cundick__Allan_14540_-_Web_decision.pdf-found against Mr Cundick was outside that which could be reasonably tolerated. ./Cundick__Allan_14540_-_Web_decision.pdf-In carrying out the balancing exercise, the panel has considered the public interest ./Cundick__Allan_14540_-_Web_decision.pdf-considerations both in favour of and against prohibition, as well as the interests of Mr ./Cundick__Allan_14540_-_Web_decision.pdf-Cundick. I note there was no evidence that Mr Cundick’s actions were not deliberate nor ./Cundick__Allan_14540_-_Web_decision.pdf-any evidence to suggest that he was acting under duress. ./Cundick__Allan_14540_-_Web_decision.pdf- ./Cundick__Allan_14540_-_Web_decision.pdf-The panel has also noted from the sentencing transcript that the judge refers to Mr ./Cundick__Allan_14540_-_Web_decision.pdf-Cundick’s lack of insight, and that his pre-sentence report assessed Mr Cundick as ./Cundick__Allan_14540_-_Web_decision.pdf-posing a high risk of committing such offences in the future if the opportunity arose. ./Cundick__Allan_14540_-_Web_decision.pdf- ./Cundick__Allan_14540_-_Web_decision.pdf-The panel has decided that the public interest considerations outweigh the interests of Mr ./Cundick__Allan_14540_-_Web_decision.pdf-Cundick. I agree with that view. I agree with the panel that the behaviour of an individual ./Cundick__Allan_14540_-_Web_decision.pdf-with such convictions is fundamentally incompatible with being a teacher. I therefore ./Cundick__Allan_14540_-_Web_decision.pdf-agree with the panel that prohibition is both proportionate and appropriate. ./Cundick__Allan_14540_-_Web_decision.pdf- ./Cundick__Allan_14540_-_Web_decision.pdf-I now turn to the matter of a review period. I agree with the panel that the findings that Mr ./Cundick__Allan_14540_-_Web_decision.pdf:Cundick’s lack of insight, his risk of further offending, and the serious sexual misconduct ./Cundick__Allan_14540_-_Web_decision.pdf-involved indicated a situation in which a review period would not be appropriate. ./Cundick__Allan_14540_-_Web_decision.pdf- ./Cundick__Allan_14540_-_Web_decision.pdf- ./Cundick__Allan_14540_-_Web_decision.pdf- 12 ./Cundick__Allan_14540_-_Web_decision.pdf- -- ./Cundick__Allan_14540_-_Web_decision.pdf:Due to the serious sexual misconduct in this case and for the reasons set out above, I ./Cundick__Allan_14540_-_Web_decision.pdf-agree with the panel’s recommendation, that a prohibition order should be imposed and ./Cundick__Allan_14540_-_Web_decision.pdf-that no review period should be allowed. ./Cundick__Allan_14540_-_Web_decision.pdf- ./Cundick__Allan_14540_-_Web_decision.pdf-This means that Mr Allan Cundick is prohibited from teaching indefinitely and ./Cundick__Allan_14540_-_Web_decision.pdf-cannot teach in any school, sixth form college, relevant youth accommodation or ./Cundick__Allan_14540_-_Web_decision.pdf-children’s home in England. Furthermore, in view of the seriousness of the allegations ./Cundick__Allan_14540_-_Web_decision.pdf-found proved against him, I have decided that Mr Cundick shall not be entitled to apply ./Cundick__Allan_14540_-_Web_decision.pdf-for restoration of his eligibility to teach. ./Cundick__Allan_14540_-_Web_decision.pdf- ./Cundick__Allan_14540_-_Web_decision.pdf-This order takes effect from the date on which it is served on the teacher. ./Cuthbertson_Paul_-_Web_Decision.pdf-correspondence between the presenting officer and Mr Cuthbertson. They were ./Cuthbertson_Paul_-_Web_Decision.pdf-paginated as follows 560 to 583 and placed at the back of the bundle. ./Cuthbertson_Paul_-_Web_Decision.pdf- ./Cuthbertson_Paul_-_Web_Decision.pdf-An application to amend the allegations: ./Cuthbertson_Paul_-_Web_Decision.pdf- ./Cuthbertson_Paul_-_Web_Decision.pdf-An application was made by the presenting officer to amend the Notice of Proceedings ./Cuthbertson_Paul_-_Web_Decision.pdf-by correcting a typographical error in allegation 1.f. The presenting officer wished to ./Cuthbertson_Paul_-_Web_Decision.pdf-replace the word “yours” with the word “mine”. ./Cuthbertson_Paul_-_Web_Decision.pdf- ./Cuthbertson_Paul_-_Web_Decision.pdf-The panel also considered, despite there being no applications before it on the point, ./Cuthbertson_Paul_-_Web_Decision.pdf:whether to amend the allegations to include the allegation of “sexual motivation”. ./Cuthbertson_Paul_-_Web_Decision.pdf- ./Cuthbertson_Paul_-_Web_Decision.pdf-The panel had the power to, in the interests of justice, amend the allegation or the ./Cuthbertson_Paul_-_Web_Decision.pdf-particulars of an allegation, at any stage before making its decision about whether the ./Cuthbertson_Paul_-_Web_Decision.pdf-facts of the case have been proved. ./Cuthbertson_Paul_-_Web_Decision.pdf- ./Cuthbertson_Paul_-_Web_Decision.pdf-Before making an amendment, the panel was required to consider any representations ./Cuthbertson_Paul_-_Web_Decision.pdf-by the presenting officer and by Mr Cuthbertson, and the presenting officer had been ./Cuthbertson_Paul_-_Web_Decision.pdf-afforded that opportunity. Mr Cuthbertson was not due to his absence from the hearing. ./Cuthbertson_Paul_-_Web_Decision.pdf- ./Cuthbertson_Paul_-_Web_Decision.pdf-The panel considered that the typographical error proposed would not change the nature, -- ./Cuthbertson_Paul_-_Web_Decision.pdf-In addition the panel considered whether, of its own volition, it should amend the ./Cuthbertson_Paul_-_Web_Decision.pdf:allegations to include an allegation of sexual motivation. The presenting officer did not ./Cuthbertson_Paul_-_Web_Decision.pdf:wish to amend the allegations to include sexual motivation. ./Cuthbertson_Paul_-_Web_Decision.pdf- ./Cuthbertson_Paul_-_Web_Decision.pdf-It was considered that adding this allegation could change the nature and scope of the ./Cuthbertson_Paul_-_Web_Decision.pdf-allegations, but would certainly change the seriousness of the allegations. There was a ./Cuthbertson_Paul_-_Web_Decision.pdf-real risk that Mr Cuthbertson’s case may have been presented differently were he facing ./Cuthbertson_Paul_-_Web_Decision.pdf:an allegation of sexual motivation. ./Cuthbertson_Paul_-_Web_Decision.pdf- ./Cuthbertson_Paul_-_Web_Decision.pdf-The panel noted that the witness statements that were potentially relevant to an ./Cuthbertson_Paul_-_Web_Decision.pdf:allegation of sexual motivation were included in the panel bundle already, as they ./Cuthbertson_Paul_-_Web_Decision.pdf-appeared to relate allegations 1.a. to 1.k. They had therefore been seen by Mr ./Cuthbertson_Paul_-_Web_Decision.pdf-Cuthbertson and he had had the opportunity to respond to those as allegations 1.a. to ./Cuthbertson_Paul_-_Web_Decision.pdf-1.k. had been disclosed to Mr Cuthbertson prior to the hearing. Mr Cuthbertson provided ./Cuthbertson_Paul_-_Web_Decision.pdf-his response to allegations 1.a. to 1.k. in advance of the hearing, and upon reading that, ./Cuthbertson_Paul_-_Web_Decision.pdf:the panel considered whether, had there also been an allegation of sexual motivation, Mr ./Cuthbertson_Paul_-_Web_Decision.pdf-Cuthbertson’s defence may have been different. The panel considered that it would have ./Cuthbertson_Paul_-_Web_Decision.pdf-been. ./Cuthbertson_Paul_-_Web_Decision.pdf- ./Cuthbertson_Paul_-_Web_Decision.pdf-The panel therefore considered that Mr Cuthbertson could suffer prejudice, unfairness ./Cuthbertson_Paul_-_Web_Decision.pdf:and harm, if the allegation of sexual motivation were to be added now. The panel does ./Cuthbertson_Paul_-_Web_Decision.pdf-not consider that it would be in the interests of justice to amend the allegation and so it ./Cuthbertson_Paul_-_Web_Decision.pdf-decided not to do so. ./Cuthbertson_Paul_-_Web_Decision.pdf- ./Cuthbertson_Paul_-_Web_Decision.pdf- ./Cuthbertson_Paul_-_Web_Decision.pdf-D. Summary of evidence ./Cuthbertson_Paul_-_Web_Decision.pdf-Documents ./Cuthbertson_Paul_-_Web_Decision.pdf-In advance of the hearing, the panel received a bundle of documents which included: ./Cuthbertson_Paul_-_Web_Decision.pdf- ./Cuthbertson_Paul_-_Web_Decision.pdf-Section 1: Chronology and anonymised pupil list – pages 2 to 4 ./Cuthbertson_Paul_-_Web_Decision.pdf- ./Dawson__M_-_Web_Decision.pdf-B. Allegations ./Dawson__M_-_Web_Decision.pdf-The panel considered the allegations set out in the Notice of Meeting dated 2 October ./Dawson__M_-_Web_Decision.pdf-2018. ./Dawson__M_-_Web_Decision.pdf- ./Dawson__M_-_Web_Decision.pdf-It was alleged that Mr Matthew Dawson was guilty of having been convicted of a relevant ./Dawson__M_-_Web_Decision.pdf-offence, in that: ./Dawson__M_-_Web_Decision.pdf- ./Dawson__M_-_Web_Decision.pdf-On or around 25 August 2016 he was convicted at Wolverhampton Crown Court of the ./Dawson__M_-_Web_Decision.pdf:offence of sexual activity with a female aged 13-17 years old, without reasonable belief ./Dawson__M_-_Web_Decision.pdf-that she was 18 years old and by abuse of position of trust, contrary to section 16 of the ./Dawson__M_-_Web_Decision.pdf-Sexual Offences Act 2003. ./Dawson__M_-_Web_Decision.pdf- ./Dawson__M_-_Web_Decision.pdf-Mr Dawson had admitted by way of the Statement of Agreed Facts signed by him on 1 ./Dawson__M_-_Web_Decision.pdf-September 2018 that he had been convicted and that the conviction amounted to a ./Dawson__M_-_Web_Decision.pdf-conviction of a relevant offence. ./Dawson__M_-_Web_Decision.pdf- ./Dawson__M_-_Web_Decision.pdf- ./Dawson__M_-_Web_Decision.pdf-C. Summary of evidence ./Dawson__M_-_Web_Decision.pdf-Documents -- ./Dawson__M_-_Web_Decision.pdf-7 to 10 ./Dawson__M_-_Web_Decision.pdf- ./Dawson__M_-_Web_Decision.pdf-Section 4: Teaching Regulation Agency documents – pages 11 to 38 ./Dawson__M_-_Web_Decision.pdf- ./Dawson__M_-_Web_Decision.pdf-Section 5: Teacher documents – pages 39 to 55. ./Dawson__M_-_Web_Decision.pdf- ./Dawson__M_-_Web_Decision.pdf-Statement of agreed facts ./Dawson__M_-_Web_Decision.pdf-The panel considered a statement of agreed facts which was signed by Mr Dawson on 1 ./Dawson__M_-_Web_Decision.pdf-September 2018. ./Dawson__M_-_Web_Decision.pdf- ./Dawson__M_-_Web_Decision.pdf:This confirmed Mr Dawson's admissions that he had conducted a sexual relationship with ./Dawson__M_-_Web_Decision.pdf-Pupil A for around 6 months from November 2014. Pupil A was, at the time, a pupil in Mr ./Dawson__M_-_Web_Decision.pdf-Dawson's [Redacted] class and aged 17. The statement of agreed facts further confirmed ./Dawson__M_-_Web_Decision.pdf:that Mr Dawson had pleaded guilty to sexual activity with a child by abuse of position of ./Dawson__M_-_Web_Decision.pdf-trust contrary to section 16 of the Sexual Offences Act 2003 on 25 August 2016 and was ./Dawson__M_-_Web_Decision.pdf-sentenced to 12 months imprisonment and ordered to sign on to the Sex Offenders ./Dawson__M_-_Web_Decision.pdf-Register for 10 years. ./Dawson__M_-_Web_Decision.pdf- ./Dawson__M_-_Web_Decision.pdf- ./Dawson__M_-_Web_Decision.pdf- 4 ./Dawson__M_-_Web_Decision.pdf- -- ./Dawson__M_-_Web_Decision.pdf- ./Dawson__M_-_Web_Decision.pdf-We confirm that we have read all the documents provided in the bundle in advance of the ./Dawson__M_-_Web_Decision.pdf-meeting. ./Dawson__M_-_Web_Decision.pdf- ./Dawson__M_-_Web_Decision.pdf-In advance of the meeting, the TRA agreed to a request from Mr Dawson that the ./Dawson__M_-_Web_Decision.pdf-allegations be considered without a hearing. We have the ability to direct that the case be ./Dawson__M_-_Web_Decision.pdf-considered at a hearing if required in the interests of justice or in the public interest. We ./Dawson__M_-_Web_Decision.pdf-did not determine that such a direction is necessary or appropriate in this case. ./Dawson__M_-_Web_Decision.pdf- ./Dawson__M_-_Web_Decision.pdf-This is a case in which it was alleged that Mr Dawson had been convicted of a relevant ./Dawson__M_-_Web_Decision.pdf:offence, by way of section 16 of the Sexual Offences Act 2003, following a sexual ./Dawson__M_-_Web_Decision.pdf-relationship that he had conducted with a [Redacted] pupil for around 6 months from ./Dawson__M_-_Web_Decision.pdf-November 2014. The pupil was, at the time, in Mr Dawson's [Redacted] class and aged ./Dawson__M_-_Web_Decision.pdf-17. ./Dawson__M_-_Web_Decision.pdf- ./Dawson__M_-_Web_Decision.pdf-Findings of fact ./Dawson__M_-_Web_Decision.pdf-Our findings of fact are as follows: ./Dawson__M_-_Web_Decision.pdf- ./Dawson__M_-_Web_Decision.pdf-We have found the following particulars of the allegations against you proven, for these ./Dawson__M_-_Web_Decision.pdf-reasons: ./Dawson__M_-_Web_Decision.pdf- ./Dawson__M_-_Web_Decision.pdf-On or around 25 August 2016 you were convicted at Wolverhampton Crown Court ./Dawson__M_-_Web_Decision.pdf:of the offence of sexual activity with a female aged 13-17 years old, without ./Dawson__M_-_Web_Decision.pdf-reasonable belief that she was 18 years old and by abuse of position of trust, ./Dawson__M_-_Web_Decision.pdf-contrary to section 16 of the Sexual Offences Act 2003. ./Dawson__M_-_Web_Decision.pdf- ./Dawson__M_-_Web_Decision.pdf-Mr Dawson has accepted by way of the signed statement of agreed facts that he was ./Dawson__M_-_Web_Decision.pdf-convicted of the above criminal offence. This is further confirmed by way of the certificate ./Dawson__M_-_Web_Decision.pdf-of conviction that appears at page 19 of the bundle. ./Dawson__M_-_Web_Decision.pdf- ./Dawson__M_-_Web_Decision.pdf-We accept the conviction as having proved the facts of the case that relate to the ./Dawson__M_-_Web_Decision.pdf:conviction, that Mr Dawson conducted a sexual relationship with a 17 year old pupil in his ./Dawson__M_-_Web_Decision.pdf-[Redacted] class from November 2014 until April 2015. ./Dawson__M_-_Web_Decision.pdf- ./Dawson__M_-_Web_Decision.pdf-Findings as to conviction of a relevant offence ./Dawson__M_-_Web_Decision.pdf-The panel is satisfied that the conduct of Mr Dawson in relation to the facts it has found ./Dawson__M_-_Web_Decision.pdf-proved, involved breaches of the Teachers’ Standards. We consider that by reference to ./Dawson__M_-_Web_Decision.pdf-Part Two, Mr Dawson is in breach of the following standards: ./Dawson__M_-_Web_Decision.pdf- ./Dawson__M_-_Web_Decision.pdf- ./Dawson__M_-_Web_Decision.pdf- ./Dawson__M_-_Web_Decision.pdf- -- ./Dawson__M_-_Web_Decision.pdf-The panel has also taken account of how the teaching profession is viewed by others. ./Dawson__M_-_Web_Decision.pdf-The panel considered that Mr Dawson's behaviour in committing the offence could affect ./Dawson__M_-_Web_Decision.pdf-the public confidence in the teaching profession given the influence that teachers may ./Dawson__M_-_Web_Decision.pdf-have on pupils, parents and others in the community. ./Dawson__M_-_Web_Decision.pdf- ./Dawson__M_-_Web_Decision.pdf-The panel has noted that Mr Dawson’s behaviour has ultimately led to him receiving a ./Dawson__M_-_Web_Decision.pdf-sentence of 12 months imprisonment which is indicative of the seriousness of the offence ./Dawson__M_-_Web_Decision.pdf-committed. He has also been ordered to sign on to the Sex Offenders Register for a ./Dawson__M_-_Web_Decision.pdf-period of 10 years. ./Dawson__M_-_Web_Decision.pdf- ./Dawson__M_-_Web_Decision.pdf:This is a case involving an offence of sexual activity with a 17 year old pupil by abuse of ./Dawson__M_-_Web_Decision.pdf-position of trust, which the Advice states is likely to be considered a relevant offence. ./Dawson__M_-_Web_Decision.pdf- ./Dawson__M_-_Web_Decision.pdf-The panel has found the seriousness of the offending behaviour that led to the conviction ./Dawson__M_-_Web_Decision.pdf-is relevant to the teacher’s ongoing suitability to teach. The panel considers that a finding ./Dawson__M_-_Web_Decision.pdf-that this conviction is a relevant offence is necessary to reaffirm clear standards of ./Dawson__M_-_Web_Decision.pdf-conduct so as to maintain public confidence in the teaching profession. ./Dawson__M_-_Web_Decision.pdf- ./Dawson__M_-_Web_Decision.pdf- ./Dawson__M_-_Web_Decision.pdf-Panel’s recommendation to the Secretary of State ./Dawson__M_-_Web_Decision.pdf-Given the panel’s findings in respect of conviction of a relevant offence, it is necessary -- ./Dawson__M_-_Web_Decision.pdf-The panel has considered the particular public interest considerations set out in the ./Dawson__M_-_Web_Decision.pdf-Advice and having done so has found a number of them to be relevant in this case. ./Dawson__M_-_Web_Decision.pdf- ./Dawson__M_-_Web_Decision.pdf-In light of the panel’s findings against Mr Dawson, which involved his conviction for ./Dawson__M_-_Web_Decision.pdf:having conducted a sexual relationship with one of his [Redacted] pupils and subsequent ./Dawson__M_-_Web_Decision.pdf-sentence to 12 months imprisonment at Wolverhampton Crown Court, there is a strong ./Dawson__M_-_Web_Decision.pdf-public interest consideration in respect of the protection of pupils. ./Dawson__M_-_Web_Decision.pdf- ./Dawson__M_-_Web_Decision.pdf-The panel considers that public confidence in the profession could be seriously ./Dawson__M_-_Web_Decision.pdf-weakened if conduct such as that found against Mr Dawson were not treated with the ./Dawson__M_-_Web_Decision.pdf-utmost seriousness when regulating the conduct of the profession. ./Dawson__M_-_Web_Decision.pdf- ./Dawson__M_-_Web_Decision.pdf-The panel considered that a strong public interest consideration in declaring proper ./Dawson__M_-_Web_Decision.pdf-standards of conduct in the profession was also present, as the conduct found against Mr ./Dawson__M_-_Web_Decision.pdf-Dawson was outside that which could reasonably be tolerated. -- ./Dawson__M_-_Web_Decision.pdf-considerations both in favour of and against prohibition as well as the interests of Mr ./Dawson__M_-_Web_Decision.pdf-Dawson. The panel took further account of the Advice, which suggests that a prohibition ./Dawson__M_-_Web_Decision.pdf-order may be appropriate if certain behaviours of a teacher have been proven. In the list ./Dawson__M_-_Web_Decision.pdf-of such behaviours, those that are relevant in this case are: ./Dawson__M_-_Web_Decision.pdf- ./Dawson__M_-_Web_Decision.pdf-  serious departure from the personal and professional conduct elements of the ./Dawson__M_-_Web_Decision.pdf- Teachers’ Standards; ./Dawson__M_-_Web_Decision.pdf-  misconduct seriously affecting the education and/or well-being of pupils, and ./Dawson__M_-_Web_Decision.pdf- particularly where there is a continuing risk; ./Dawson__M_-_Web_Decision.pdf-  abuse of position or trust ./Dawson__M_-_Web_Decision.pdf:  sexual misconduct, eg involving actions that were sexually motivated or of a ./Dawson__M_-_Web_Decision.pdf: sexual nature and/or that use or exploit the trust, knowledge or influence derived ./Dawson__M_-_Web_Decision.pdf- from the individual’s professional position; ./Dawson__M_-_Web_Decision.pdf-  the commission of a serious criminal offence, including those that resulted in a ./Dawson__M_-_Web_Decision.pdf- conviction, paying particular attention to offences that are ‘relevant matters’ for the ./Dawson__M_-_Web_Decision.pdf- purposes of The Police Act 1997 and criminal record disclosures. ./Dawson__M_-_Web_Decision.pdf-Even though there were behaviours that would point to a prohibition order being ./Dawson__M_-_Web_Decision.pdf-appropriate, the panel went on to consider whether or not there were sufficient mitigating ./Dawson__M_-_Web_Decision.pdf-factors to militate against a prohibition order being an appropriate and proportionate ./Dawson__M_-_Web_Decision.pdf-measure to impose, particularly taking into account the nature and severity of the ./Dawson__M_-_Web_Decision.pdf-behaviour in this case. ./Dawson__M_-_Web_Decision.pdf- -- ./Dawson__M_-_Web_Decision.pdf-prohibition order should be imposed with immediate effect. ./Dawson__M_-_Web_Decision.pdf- ./Dawson__M_-_Web_Decision.pdf-The panel went on to consider whether or not it would be appropriate to recommend that ./Dawson__M_-_Web_Decision.pdf-a review period of the order should be considered. The panel was mindful that the Advice ./Dawson__M_-_Web_Decision.pdf-advises that a prohibition order applies for life, but there may be circumstances in any ./Dawson__M_-_Web_Decision.pdf-given case that may make it appropriate to allow a teacher to apply to have the ./Dawson__M_-_Web_Decision.pdf-prohibition order reviewed after a specified period of time that may not be less than 2 ./Dawson__M_-_Web_Decision.pdf-years. ./Dawson__M_-_Web_Decision.pdf- ./Dawson__M_-_Web_Decision.pdf-The Advice indicates that there are behaviours that, if proven, would militate against a ./Dawson__M_-_Web_Decision.pdf:review period being recommended. These behaviours include serious sexual ./Dawson__M_-_Web_Decision.pdf:misconduct, eg where the act was sexually motivated and resulted in or had the potential ./Dawson__M_-_Web_Decision.pdf-to result in, harm to a person or persons, particularly where the individual has used their ./Dawson__M_-_Web_Decision.pdf-professional position to influence or exploit a person. The panel has found that Mr ./Dawson__M_-_Web_Decision.pdf:Dawson has been responsible for serious sexual misconduct in circumstances of an ./Dawson__M_-_Web_Decision.pdf-abuse of his position of trust and is subject to the Sex Offenders notification requirements ./Dawson__M_-_Web_Decision.pdf-for 10 years. ./Dawson__M_-_Web_Decision.pdf- ./Dawson__M_-_Web_Decision.pdf-The panel felt the findings indicated a situation in which a review period would not be ./Dawson__M_-_Web_Decision.pdf-appropriate and as such decided that it would be proportionate in all the circumstances ./Dawson__M_-_Web_Decision.pdf-for the prohibition order to be recommended without provisions for a review period. ./Dawson__M_-_Web_Decision.pdf- ./Dawson__M_-_Web_Decision.pdf- ./Dawson__M_-_Web_Decision.pdf-Decision and reasons on behalf of the Secretary of State ./Dawson__M_-_Web_Decision.pdf-I have given very careful consideration to this case and to the recommendation of the -- ./Dawson__M_-_Web_Decision.pdf-profession. I have considered the extent to which a prohibition order in this case would ./Dawson__M_-_Web_Decision.pdf-achieve that aim taking into account the impact that it will have on the individual teacher. ./Dawson__M_-_Web_Decision.pdf-I have also asked myself, whether a less intrusive measure, such as the published ./Dawson__M_-_Web_Decision.pdf-finding of a relevant conviction, would itself be sufficient to achieve the overall aim. I have ./Dawson__M_-_Web_Decision.pdf-to consider whether the consequences of such a publication are themselves sufficient. I ./Dawson__M_-_Web_Decision.pdf-have considered therefore whether or not prohibiting Mr Dawson, and the impact that will ./Dawson__M_-_Web_Decision.pdf-have on him, is proportionate and in the public interest. ./Dawson__M_-_Web_Decision.pdf- ./Dawson__M_-_Web_Decision.pdf-In this case, I have considered the extent to which a prohibition order would protect ./Dawson__M_-_Web_Decision.pdf-children. The panel has observed, “In light of the panel’s findings against Mr Dawson, ./Dawson__M_-_Web_Decision.pdf:which involved his conviction for having conducted a sexual relationship with one of his ./Dawson__M_-_Web_Decision.pdf-[Redacted] pupils and subsequent sentence to 12 months imprisonment at ./Dawson__M_-_Web_Decision.pdf-Wolverhampton Crown Court, there is a strong public interest consideration in respect of ./Dawson__M_-_Web_Decision.pdf-the protection of pupils”. A prohibition order would therefore prevent such a risk from ./Dawson__M_-_Web_Decision.pdf-being present in the future. ./Dawson__M_-_Web_Decision.pdf- ./Dawson__M_-_Web_Decision.pdf-I have also taken into account the panel’s comments on mitigation, which the panel sets ./Dawson__M_-_Web_Decision.pdf-out as follows, “The panel has also taken into careful consideration the mitigation put ./Dawson__M_-_Web_Decision.pdf- ./Dawson__M_-_Web_Decision.pdf- ./Dawson__M_-_Web_Decision.pdf- 9 -- ./Dawson__M_-_Web_Decision.pdf-order in order to maintain public confidence in the profession. A published decision of this ./Dawson__M_-_Web_Decision.pdf-nature that is not backed up by full remorse or insight, does not in my view satisfy the ./Dawson__M_-_Web_Decision.pdf-public interest requirement concerning public confidence in the profession. ./Dawson__M_-_Web_Decision.pdf- ./Dawson__M_-_Web_Decision.pdf-For these reasons, I have concluded that a prohibition order is proportionate and in the ./Dawson__M_-_Web_Decision.pdf-public interest in order to achieve the intended aims of a prohibition order. ./Dawson__M_-_Web_Decision.pdf- ./Dawson__M_-_Web_Decision.pdf-I have gone on to consider the matter of a review period. In this case, the panel has ./Dawson__M_-_Web_Decision.pdf-recommended that no provision should be made for a review period. ./Dawson__M_-_Web_Decision.pdf- ./Dawson__M_-_Web_Decision.pdf:I have considered the panel’s comments “These behaviours include serious sexual ./Dawson__M_-_Web_Decision.pdf:misconduct, eg where the act was sexually motivated and resulted in or had the potential ./Dawson__M_-_Web_Decision.pdf-to result in, harm to a person or persons, particularly where the individual has used their ./Dawson__M_-_Web_Decision.pdf-professional position to influence or exploit a person. The panel has found that Mr ./Dawson__M_-_Web_Decision.pdf:Dawson has been responsible for serious sexual misconduct in circumstances of an ./Dawson__M_-_Web_Decision.pdf-abuse of his position of trust and is subject to the Sex Offenders notification requirements ./Dawson__M_-_Web_Decision.pdf-for 10 years.” ./Dawson__M_-_Web_Decision.pdf- ./Dawson__M_-_Web_Decision.pdf- ./Dawson__M_-_Web_Decision.pdf- 10 ./Dawson__M_-_Web_Decision.pdf- ./Dean_-_16488_-_WEB_DECISION.pdf- ./Dean_-_16488_-_WEB_DECISION.pdf- b. meeting with her, including: ./Dean_-_16488_-_WEB_DECISION.pdf- i. on or around 12 August 2016; ./Dean_-_16488_-_WEB_DECISION.pdf- ii. for walks on one or more occasions during the summer of 2016; ./Dean_-_16488_-_WEB_DECISION.pdf- iii. at his flat on one or more occasions; ./Dean_-_16488_-_WEB_DECISION.pdf- ./Dean_-_16488_-_WEB_DECISION.pdf- c. buying gifts for Pupil A on one or more occasions; ./Dean_-_16488_-_WEB_DECISION.pdf- ./Dean_-_16488_-_WEB_DECISION.pdf- d. kissing Pupil A on one or more occasions; ./Dean_-_16488_-_WEB_DECISION.pdf- ./Dean_-_16488_-_WEB_DECISION.pdf: e. engaging in sexual activity with Pupil A on one or more occasions; ./Dean_-_16488_-_WEB_DECISION.pdf- ./Dean_-_16488_-_WEB_DECISION.pdf: 2. His conduct as may be found proven at allegation 1 above was conduct of a sexual ./Dean_-_16488_-_WEB_DECISION.pdf: nature and/or sexually motivated. ./Dean_-_16488_-_WEB_DECISION.pdf- ./Dean_-_16488_-_WEB_DECISION.pdf- ./Dean_-_16488_-_WEB_DECISION.pdf-Mr Dean has not made any unequivocal admission to the facts of the case in response to ./Dean_-_16488_-_WEB_DECISION.pdf-the Notice of Proceedings. The allegations were taken not to have been admitted. ./Dean_-_16488_-_WEB_DECISION.pdf- ./Dean_-_16488_-_WEB_DECISION.pdf- ./Dean_-_16488_-_WEB_DECISION.pdf-C. Preliminary applications ./Dean_-_16488_-_WEB_DECISION.pdf-The presenting officer applied to proceed with the hearing in the absence of Mr Dean. ./Dean_-_16488_-_WEB_DECISION.pdf-After hearing submissions from the presenting officer, and receiving legal advice, the ./Dean_-_16488_-_WEB_DECISION.pdf-panel announced the decision as follows: -- ./Dean_-_16488_-_WEB_DECISION.pdf-The panel announced its decision and reasons as follows: ./Dean_-_16488_-_WEB_DECISION.pdf- ./Dean_-_16488_-_WEB_DECISION.pdf-The panel has carefully considered the case before us and has reached a decision. ./Dean_-_16488_-_WEB_DECISION.pdf- ./Dean_-_16488_-_WEB_DECISION.pdf-The panel confirms that it has read all the documents provided in the bundle in advance ./Dean_-_16488_-_WEB_DECISION.pdf-of the hearing. ./Dean_-_16488_-_WEB_DECISION.pdf- ./Dean_-_16488_-_WEB_DECISION.pdf-Mr Dean was a teacher at Thamesview Secondary School between 1 September 2013 ./Dean_-_16488_-_WEB_DECISION.pdf-and 31 December 2016. Between 2015 and 2016, Mr Dean taught science to Pupil A. ./Dean_-_16488_-_WEB_DECISION.pdf-This case relates to an allegation that Mr Dean had an inappropriate relationship with ./Dean_-_16488_-_WEB_DECISION.pdf:Pupil A, and that this relationship was of a sexual nature and/or sexually motivated. It is ./Dean_-_16488_-_WEB_DECISION.pdf-said that this relationship started in the summer of 2016 and continued into 2017 whilst ./Dean_-_16488_-_WEB_DECISION.pdf-Pupil A studied at North Kent College. ./Dean_-_16488_-_WEB_DECISION.pdf- ./Dean_-_16488_-_WEB_DECISION.pdf-It is alleged that the relationship in question was inappropriate in as far as it took place in ./Dean_-_16488_-_WEB_DECISION.pdf-close proximity in time to the period when a direct pupil-teacher relationship existed, and ./Dean_-_16488_-_WEB_DECISION.pdf-undermined the professional standing of Mr Dean as a teacher. For this reason, it is ./Dean_-_16488_-_WEB_DECISION.pdf-alleged that the conduct of Mr Dean amounts to unacceptable professional conduct ./Dean_-_16488_-_WEB_DECISION.pdf-and/or conduct which may bring the profession into disrepute. ./Dean_-_16488_-_WEB_DECISION.pdf- ./Dean_-_16488_-_WEB_DECISION.pdf-Findings of fact -- ./Dean_-_16488_-_WEB_DECISION.pdf-The panel received hearsay evidence in the form of comments attributed to Pupil A by ./Dean_-_16488_-_WEB_DECISION.pdf-Individual A during her interview. In this interview, Pupil A stated that she had kissed Mr ./Dean_-_16488_-_WEB_DECISION.pdf-Dean at some point after August 2016. ./Dean_-_16488_-_WEB_DECISION.pdf- ./Dean_-_16488_-_WEB_DECISION.pdf-Mr Dean was questioned about this in his police interview, and admitted that he kissed ./Dean_-_16488_-_WEB_DECISION.pdf-Pupil A (page 123). Whilst the panel had not heard live evidence from Pupil A it took the ./Dean_-_16488_-_WEB_DECISION.pdf-view that her hearsay account (reported by Individual A) corroborated the clear ./Dean_-_16488_-_WEB_DECISION.pdf-admission by Mr Dean to this conduct. ./Dean_-_16488_-_WEB_DECISION.pdf- ./Dean_-_16488_-_WEB_DECISION.pdf-The kissing itself was accepted by Mr Dean to be connected to his personal relationship ./Dean_-_16488_-_WEB_DECISION.pdf:with Pupil A, as opposed to kissing her to greet her, and was thus sexualised in nature. ./Dean_-_16488_-_WEB_DECISION.pdf-Given Mr Dean's position as a teacher who had developed a relationship with Pupil A as ./Dean_-_16488_-_WEB_DECISION.pdf-a result of his very recent professional duties as her teacher, such actions were ./Dean_-_16488_-_WEB_DECISION.pdf-inappropriate. In consequence, the panel is satisfied that the kissing by Mr Dean formed ./Dean_-_16488_-_WEB_DECISION.pdf-part of his engagement in an inappropriate relationship with pupil A and thus allegation 1 ./Dean_-_16488_-_WEB_DECISION.pdf-d. is found proven in full. ./Dean_-_16488_-_WEB_DECISION.pdf- ./Dean_-_16488_-_WEB_DECISION.pdf: a. engaging in sexual activity with Pupil A on one or more occasions. ./Dean_-_16488_-_WEB_DECISION.pdf- ./Dean_-_16488_-_WEB_DECISION.pdf-As set out above in relation to allegation 1 d., the panel has found that Mr Dean kissed ./Dean_-_16488_-_WEB_DECISION.pdf:Pupil A on at least one occasion, and that such kissing was of a sexualised nature. The ./Dean_-_16488_-_WEB_DECISION.pdf:panel is thus satisfied that, to this extent, Mr Dean did engage in sexual activity with Pupil ./Dean_-_16488_-_WEB_DECISION.pdf-A. ./Dean_-_16488_-_WEB_DECISION.pdf- ./Dean_-_16488_-_WEB_DECISION.pdf-For the reasons set out above, given the fact that Mr Dean had developed a relationship ./Dean_-_16488_-_WEB_DECISION.pdf-with Pupil A as a result of his very recent professional duties as her teacher, such actions ./Dean_-_16488_-_WEB_DECISION.pdf:were inappropriate. In consequence, the panel was satisfied that the sexual activity in ./Dean_-_16488_-_WEB_DECISION.pdf-question formed part of Mr Dean's engagement in an inappropriate relationship with Pupil ./Dean_-_16488_-_WEB_DECISION.pdf-A and thus allegation 1 e. is found proven in full. ./Dean_-_16488_-_WEB_DECISION.pdf- ./Dean_-_16488_-_WEB_DECISION.pdf-2. Your conduct as may be found proven at allegation 1 above was conduct of a ./Dean_-_16488_-_WEB_DECISION.pdf:sexual nature and/or sexually motivated. ./Dean_-_16488_-_WEB_DECISION.pdf- ./Dean_-_16488_-_WEB_DECISION.pdf- ./Dean_-_16488_-_WEB_DECISION.pdf- ./Dean_-_16488_-_WEB_DECISION.pdf- ./Dean_-_16488_-_WEB_DECISION.pdf- 8 ./Dean_-_16488_-_WEB_DECISION.pdf- -- ./Dean_-_16488_-_WEB_DECISION.pdf-The panel has gone on to consider whether those particulars and elements of allegations ./Dean_-_16488_-_WEB_DECISION.pdf:1 found proven amount to conduct of a sexual nature and/or were sexually motivated. For ./Dean_-_16488_-_WEB_DECISION.pdf-the reasons set out below, allegations 1 b.i., ii., and c. were found not proven and were ./Dean_-_16488_-_WEB_DECISION.pdf-thus not considered. ./Dean_-_16488_-_WEB_DECISION.pdf- ./Dean_-_16488_-_WEB_DECISION.pdf-The panel has received legal advice in relation to how to approach the issue as to ./Dean_-_16488_-_WEB_DECISION.pdf:whether conduct can be described as sexual in nature and/or sexually motivated and has ./Dean_-_16488_-_WEB_DECISION.pdf-accepted that advice. ./Dean_-_16488_-_WEB_DECISION.pdf- ./Dean_-_16488_-_WEB_DECISION.pdf-The panel has assessed in detail the circumstances in which the conduct took place to ./Dean_-_16488_-_WEB_DECISION.pdf:consider whether, on the balance of probabilities, the conduct was of a sexual nature, or ./Dean_-_16488_-_WEB_DECISION.pdf:whether a sexual motivation on the part of Mr Dean can be inferred in as far as it could ./Dean_-_16488_-_WEB_DECISION.pdf:be said that his actions were motivated by an intention to obtain sexual gratification. ./Dean_-_16488_-_WEB_DECISION.pdf- ./Dean_-_16488_-_WEB_DECISION.pdf-The panel considered each particular found proven separately to consider whether the ./Dean_-_16488_-_WEB_DECISION.pdf:conduct was of a sexual nature. There was no evidence before the panel that any of the ./Dean_-_16488_-_WEB_DECISION.pdf-messages sent, or the skype communications found proven at allegations 1 a. i. and 1 a. ./Dean_-_16488_-_WEB_DECISION.pdf:ii. were expressly sexual in nature. Similarly, whilst the use of the terms 'hubby' and 'wife' ./Dean_-_16488_-_WEB_DECISION.pdf:in messages is inappropriate, such messages are not inherently sexual in nature. ./Dean_-_16488_-_WEB_DECISION.pdf- ./Dean_-_16488_-_WEB_DECISION.pdf:Similarly, there is no clear evidence that the visit to the flat was, per se, of a sexual ./Dean_-_16488_-_WEB_DECISION.pdf:nature or that sexual activity took place there. ./Dean_-_16488_-_WEB_DECISION.pdf- ./Dean_-_16488_-_WEB_DECISION.pdf-In relation to allegations 1 d. and e., the panel was satisfied that this was conduct of a ./Dean_-_16488_-_WEB_DECISION.pdf:sexual nature as the kissing represented sexual activity between Pupil A and Mr Dean. ./Dean_-_16488_-_WEB_DECISION.pdf- ./Dean_-_16488_-_WEB_DECISION.pdf-The panel has determined that the conduct found proved at allegations 1 a and b. does ./Dean_-_16488_-_WEB_DECISION.pdf:not represent conduct of a sexual nature, but has nevertheless proceeded to consider the ./Dean_-_16488_-_WEB_DECISION.pdf-alternative proposition in the charge, namely whether it can be said that the conduct was ./Dean_-_16488_-_WEB_DECISION.pdf:sexually motivated. ./Dean_-_16488_-_WEB_DECISION.pdf- ./Dean_-_16488_-_WEB_DECISION.pdf-The panel is satisfied that Mr Dean sought to engage with Pupil A and initiate a personal ./Dean_-_16488_-_WEB_DECISION.pdf-and close social relationship, illustrated by the frequency and nature of contact including ./Dean_-_16488_-_WEB_DECISION.pdf-the use of personalised terms such as 'hubby' and 'wife'. ./Dean_-_16488_-_WEB_DECISION.pdf- ./Dean_-_16488_-_WEB_DECISION.pdf-Whilst there is no evidence of Mr Dean planning the development of his relationship, the ./Dean_-_16488_-_WEB_DECISION.pdf-panel is satisfied that the exchange of social media and skype messages with Pupil A ./Dean_-_16488_-_WEB_DECISION.pdf:from 2016 to 2017 was motivated by Mr Dean's intention to commence a sexualised ./Dean_-_16488_-_WEB_DECISION.pdf:relationship with Pupil A, and was sexually motivated. ./Dean_-_16488_-_WEB_DECISION.pdf- ./Dean_-_16488_-_WEB_DECISION.pdf-Similarly, the panel is satisfied that Pupil A's presence in Mr Dean's flat (allegation 1 b. iii) ./Dean_-_16488_-_WEB_DECISION.pdf:was motivated by Mr Dean's intention to pursue a sexualised relationship with Pupil A ./Dean_-_16488_-_WEB_DECISION.pdf:and was sexually motivated. ./Dean_-_16488_-_WEB_DECISION.pdf- ./Dean_-_16488_-_WEB_DECISION.pdf-The panel is thus satisfied that Mr Dean's conduct at allegations 1 a. i, ii., iii; and b iii. ./Dean_-_16488_-_WEB_DECISION.pdf:represents sexually motivated conduct. ./Dean_-_16488_-_WEB_DECISION.pdf- ./Dean_-_16488_-_WEB_DECISION.pdf- ./Dean_-_16488_-_WEB_DECISION.pdf- 9 ./Dean_-_16488_-_WEB_DECISION.pdf- -- ./Dean_-_16488_-_WEB_DECISION.pdf-The panel has found that Mr Dean's actions at allegations 1 d. and e. in the form of ./Dean_-_16488_-_WEB_DECISION.pdf:sexualised kissing, was clearly conduct of a sexual nature, and was thus sexually ./Dean_-_16488_-_WEB_DECISION.pdf-motivated. ./Dean_-_16488_-_WEB_DECISION.pdf- ./Dean_-_16488_-_WEB_DECISION.pdf-The panel is satisfied, to the extent set out above, that allegation 2 is found proven. ./Dean_-_16488_-_WEB_DECISION.pdf- ./Dean_-_16488_-_WEB_DECISION.pdf-Allegations Not Proven ./Dean_-_16488_-_WEB_DECISION.pdf- ./Dean_-_16488_-_WEB_DECISION.pdf-The panel has found the following particulars of the allegations, 1 b. i. and ii., and c., ./Dean_-_16488_-_WEB_DECISION.pdf-against you not proven, for these reasons: ./Dean_-_16488_-_WEB_DECISION.pdf- ./Dean_-_16488_-_WEB_DECISION.pdf-1) You engaged in an inappropriate relationship with Pupil A, whom you had taught -- ./Dean_-_16488_-_WEB_DECISION.pdf- o having regard for the need to safeguard pupils’ well-being, in accordance with ./Dean_-_16488_-_WEB_DECISION.pdf- statutory provisions … ./Dean_-_16488_-_WEB_DECISION.pdf-  Teachers must have an understanding of, and always act within, the statutory ./Dean_-_16488_-_WEB_DECISION.pdf- frameworks which set out their professional duties and responsibilities. ./Dean_-_16488_-_WEB_DECISION.pdf-The panel is satisfied that the conduct of Mr Dean amounts to misconduct of a serious ./Dean_-_16488_-_WEB_DECISION.pdf-nature which fell significantly short of the standards expected of the profession. ./Dean_-_16488_-_WEB_DECISION.pdf- ./Dean_-_16488_-_WEB_DECISION.pdf-The panel has also considered whether Mr Dean's conduct displayed behaviours ./Dean_-_16488_-_WEB_DECISION.pdf-associated with any of the offences listed on pages 10 and 11 of the Advice. Whilst the ./Dean_-_16488_-_WEB_DECISION.pdf-panel is satisfied that Mr Dean has involved himself in unacceptable professional conduct ./Dean_-_16488_-_WEB_DECISION.pdf:which involves sexual misconduct, it cannot be said that this behaviour is directly ./Dean_-_16488_-_WEB_DECISION.pdf:associated with unlawful sexual activity. In consequence, the panel has found that none ./Dean_-_16488_-_WEB_DECISION.pdf-of the behaviours listed on pages 10 and 11 of the Advice are relevant. The panel notes ./Dean_-_16488_-_WEB_DECISION.pdf-that the allegations took place outside of the education setting. However, Mr Dean only ./Dean_-_16488_-_WEB_DECISION.pdf- ./Dean_-_16488_-_WEB_DECISION.pdf- ./Dean_-_16488_-_WEB_DECISION.pdf- 11 ./Dean_-_16488_-_WEB_DECISION.pdf- -- ./Dean_-_16488_-_WEB_DECISION.pdf-proximity to his time as her teacher. ./Dean_-_16488_-_WEB_DECISION.pdf- ./Dean_-_16488_-_WEB_DECISION.pdf-The panel also notes that on 4 September 2016, safeguarding concerns were raised with ./Dean_-_16488_-_WEB_DECISION.pdf-Mr Dean by his school about a meeting with Pupil A at a leisure centre on or around 12 ./Dean_-_16488_-_WEB_DECISION.pdf-August 2016. Whilst the panel was unable to determine whether this meeting had been ./Dean_-_16488_-_WEB_DECISION.pdf-planned and was thus inappropriate, the fact that safeguarding concerns had been raised ./Dean_-_16488_-_WEB_DECISION.pdf-with Mr Dean represented an opportunity for him to reflect upon his relationship with ./Dean_-_16488_-_WEB_DECISION.pdf-Pupil A and the impact that such a relationship may have on this pupil's welfare. ./Dean_-_16488_-_WEB_DECISION.pdf- ./Dean_-_16488_-_WEB_DECISION.pdf-However, Mr Dean continued his relationship with Pupil A, which developed into one of a ./Dean_-_16488_-_WEB_DECISION.pdf:sexual nature. Such behaviour by Mr Dean represents a departure from the statutory ./Dean_-_16488_-_WEB_DECISION.pdf-frameworks within which teachers are required to work relating to safeguarding and ./Dean_-_16488_-_WEB_DECISION.pdf-consideration of the best interests and welfare of pupils. ./Dean_-_16488_-_WEB_DECISION.pdf- ./Dean_-_16488_-_WEB_DECISION.pdf-This conduct clearly affects the way Mr Dean fulfils his teaching role and could lead to ./Dean_-_16488_-_WEB_DECISION.pdf-pupils being exposed to or influenced by his behaviour in a harmful way. The panel is ./Dean_-_16488_-_WEB_DECISION.pdf-satisfied that Mr Dean's conduct in relation to the allegations found proven amounts to ./Dean_-_16488_-_WEB_DECISION.pdf-unacceptable professional conduct. ./Dean_-_16488_-_WEB_DECISION.pdf- ./Dean_-_16488_-_WEB_DECISION.pdf-The panel has taken into account how the teaching profession is viewed by others and ./Dean_-_16488_-_WEB_DECISION.pdf-considered the influence that teachers may have on pupils, parents and others in the -- ./Dean_-_16488_-_WEB_DECISION.pdf-The panel has considered the particular public interest considerations set out in the ./Dean_-_16488_-_WEB_DECISION.pdf-Advice and having done so has found a number of them to be relevant in this case. ./Dean_-_16488_-_WEB_DECISION.pdf- ./Dean_-_16488_-_WEB_DECISION.pdf-In light of the panel’s findings against Mr Dean which involved his engagement in an ./Dean_-_16488_-_WEB_DECISION.pdf:inappropriate sexual relationship with a former pupil of his, there is a strong public ./Dean_-_16488_-_WEB_DECISION.pdf-interest consideration in respect of the protection of pupils, the maintenance of public ./Dean_-_16488_-_WEB_DECISION.pdf-confidence in the profession and declaring and upholding proper standards of conduct. ./Dean_-_16488_-_WEB_DECISION.pdf- ./Dean_-_16488_-_WEB_DECISION.pdf-The panel considers that public confidence in the profession could be seriously ./Dean_-_16488_-_WEB_DECISION.pdf-weakened if conduct such as that found against Mr Dean were not treated with the ./Dean_-_16488_-_WEB_DECISION.pdf-utmost seriousness when regulating the conduct of the profession. ./Dean_-_16488_-_WEB_DECISION.pdf- ./Dean_-_16488_-_WEB_DECISION.pdf-The panel considered that a strong public interest consideration in declaring proper ./Dean_-_16488_-_WEB_DECISION.pdf-standards of conduct in the profession was also present as the conduct found against Mr ./Dean_-_16488_-_WEB_DECISION.pdf-Dean was outside that which could reasonably be tolerated. -- ./Dean_-_16488_-_WEB_DECISION.pdf-be appropriate if certain behaviours of a teacher have been proven. In the list of such ./Dean_-_16488_-_WEB_DECISION.pdf-behaviours, those that are relevant in this case are: ./Dean_-_16488_-_WEB_DECISION.pdf- ./Dean_-_16488_-_WEB_DECISION.pdf-  serious departure from the personal and professional conduct elements of the ./Dean_-_16488_-_WEB_DECISION.pdf- Teachers’ Standards; ./Dean_-_16488_-_WEB_DECISION.pdf-  misconduct seriously affecting the education and/or well-being of pupils, and ./Dean_-_16488_-_WEB_DECISION.pdf- particularly where there is a continuing risk; ./Dean_-_16488_-_WEB_DECISION.pdf-  a deep-seated attitude that leads to harmful behaviour; ./Dean_-_16488_-_WEB_DECISION.pdf-  abuse of position or trust (particularly involving vulnerable pupils) or violation of the ./Dean_-_16488_-_WEB_DECISION.pdf- rights of pupils; ./Dean_-_16488_-_WEB_DECISION.pdf:  sexual misconduct, eg involving actions that were sexually motivated or of a ./Dean_-_16488_-_WEB_DECISION.pdf: sexual nature and/or that use or exploit the trust, knowledge or influence derived ./Dean_-_16488_-_WEB_DECISION.pdf- from the individual’s professional position; ./Dean_-_16488_-_WEB_DECISION.pdf-Even though there were behaviours that would point to a prohibition order being ./Dean_-_16488_-_WEB_DECISION.pdf-appropriate, the panel went on to consider whether or not there were sufficient mitigating ./Dean_-_16488_-_WEB_DECISION.pdf-factors to militate against a prohibition order being an appropriate and proportionate ./Dean_-_16488_-_WEB_DECISION.pdf-measure to impose, particularly taking into account the nature and severity of the ./Dean_-_16488_-_WEB_DECISION.pdf-behaviour in this case. ./Dean_-_16488_-_WEB_DECISION.pdf- ./Dean_-_16488_-_WEB_DECISION.pdf- ./Dean_-_16488_-_WEB_DECISION.pdf- 13 ./Dean_-_16488_-_WEB_DECISION.pdf- -- ./Dean_-_16488_-_WEB_DECISION.pdf-immediate effect. ./Dean_-_16488_-_WEB_DECISION.pdf- ./Dean_-_16488_-_WEB_DECISION.pdf-The panel went on to consider whether or not it would be appropriate for them to ./Dean_-_16488_-_WEB_DECISION.pdf-recommend that a review period of the order should be considered. The panel were ./Dean_-_16488_-_WEB_DECISION.pdf-mindful that the Advice advises that a prohibition order applies for life, but there may be ./Dean_-_16488_-_WEB_DECISION.pdf-circumstances in any given case that may make it appropriate to allow a teacher to apply ./Dean_-_16488_-_WEB_DECISION.pdf-to have the prohibition order reviewed after a specified period of time that may not be ./Dean_-_16488_-_WEB_DECISION.pdf-less than 2 years. ./Dean_-_16488_-_WEB_DECISION.pdf- ./Dean_-_16488_-_WEB_DECISION.pdf-The Advice indicates that there are behaviours that, if proven, would militate against a ./Dean_-_16488_-_WEB_DECISION.pdf:review period being recommended. One of these behaviours includes serious sexual ./Dean_-_16488_-_WEB_DECISION.pdf:misconduct, eg where the act was sexually motivated and resulted in or had the potential ./Dean_-_16488_-_WEB_DECISION.pdf-to result in, harm to a person or persons, particularly where the individual has used their ./Dean_-_16488_-_WEB_DECISION.pdf-professional position to influence or exploit a person or persons. ./Dean_-_16488_-_WEB_DECISION.pdf- ./Dean_-_16488_-_WEB_DECISION.pdf:The panel has found that Mr Dean has been responsible for developing a sexual ./Dean_-_16488_-_WEB_DECISION.pdf-relationship with a former pupil, and has thus taken advantage of his professional ./Dean_-_16488_-_WEB_DECISION.pdf-position in that respect. In the course of this relationship and since, Mr Dean has not ./Dean_-_16488_-_WEB_DECISION.pdf- ./Dean_-_16488_-_WEB_DECISION.pdf- ./Dean_-_16488_-_WEB_DECISION.pdf- ./Dean_-_16488_-_WEB_DECISION.pdf- 14 ./Dean_-_16488_-_WEB_DECISION.pdf- -- ./Dean_-_16488_-_WEB_DECISION.pdf-Decision and reasons on behalf of the Secretary of State ./Dean_-_16488_-_WEB_DECISION.pdf-I have given very careful consideration to this case and to the recommendation of the ./Dean_-_16488_-_WEB_DECISION.pdf-panel in respect of sanction and review period. ./Dean_-_16488_-_WEB_DECISION.pdf- ./Dean_-_16488_-_WEB_DECISION.pdf-In considering this case, I have also given very careful attention to the advice that is ./Dean_-_16488_-_WEB_DECISION.pdf-published by the Secretary of State concerning the prohibition of teachers. ./Dean_-_16488_-_WEB_DECISION.pdf- ./Dean_-_16488_-_WEB_DECISION.pdf-In this case, the panel has found the some of the allegations proven. The panel has also ./Dean_-_16488_-_WEB_DECISION.pdf-found that some of the allegations amount to unacceptable professional conduct and ./Dean_-_16488_-_WEB_DECISION.pdf-conduct that may bring the profession into disrepute. The panel has also been very clear ./Dean_-_16488_-_WEB_DECISION.pdf:in setting out exactly which findings were findings of conduct of a sexual nature and ./Dean_-_16488_-_WEB_DECISION.pdf:which were sexually motivated. In my consideration of this case I have put from my mind ./Dean_-_16488_-_WEB_DECISION.pdf-matters found not proven. I have also been careful to adhere to the findings of the panel ./Dean_-_16488_-_WEB_DECISION.pdf:in respect of findings of conduct of a sexual nature and conduct that was sexually ./Dean_-_16488_-_WEB_DECISION.pdf-motivated. The panel has made a recommendation to the Secretary of State that Mr ./Dean_-_16488_-_WEB_DECISION.pdf-Dean should be the subject of a prohibition order, with no provision for a review period. ./Dean_-_16488_-_WEB_DECISION.pdf- ./Dean_-_16488_-_WEB_DECISION.pdf-In particular the panel has found that Mr Dean is in breach of the following standards: ./Dean_-_16488_-_WEB_DECISION.pdf- ./Dean_-_16488_-_WEB_DECISION.pdf-  Teachers uphold public trust in the profession and maintain high standards of ./Dean_-_16488_-_WEB_DECISION.pdf- ethics and behaviour, within and outside school, by ./Dean_-_16488_-_WEB_DECISION.pdf- o treating pupils with dignity, building relationships rooted in mutual respect, and ./Dean_-_16488_-_WEB_DECISION.pdf- at all times observing proper boundaries appropriate to a teacher’s ./Dean_-_16488_-_WEB_DECISION.pdf- professional position; ./Dean_-_16488_-_WEB_DECISION.pdf- o having regard for the need to safeguard pupils’ well-being, in accordance with ./Dean_-_16488_-_WEB_DECISION.pdf- statutory provisions … ./Dean_-_16488_-_WEB_DECISION.pdf-  Teachers must have an understanding of, and always act within, the statutory ./Dean_-_16488_-_WEB_DECISION.pdf- frameworks which set out their professional duties and responsibilities. ./Dean_-_16488_-_WEB_DECISION.pdf-The findings of misconduct are particularly serious as they include a finding of both ./Dean_-_16488_-_WEB_DECISION.pdf:sexually motivated behaviour and conduct of a sexual nature. ./Dean_-_16488_-_WEB_DECISION.pdf- ./Dean_-_16488_-_WEB_DECISION.pdf-I have to determine whether the imposition of a prohibition order is proportionate and in ./Dean_-_16488_-_WEB_DECISION.pdf-the public interest. In considering that for this case I have considered the overall aim of a ./Dean_-_16488_-_WEB_DECISION.pdf-prohibition order which is to protect pupils and to maintain public confidence in the ./Dean_-_16488_-_WEB_DECISION.pdf-profession. I have considered the extent to which a prohibition order in this case would ./Dean_-_16488_-_WEB_DECISION.pdf- ./Dean_-_16488_-_WEB_DECISION.pdf- ./Dean_-_16488_-_WEB_DECISION.pdf- 15 ./Dean_-_16488_-_WEB_DECISION.pdf- -- ./Dean_-_16488_-_WEB_DECISION.pdf-into his behaviour.” ./Dean_-_16488_-_WEB_DECISION.pdf- ./Dean_-_16488_-_WEB_DECISION.pdf- In my judgement the lack of insight means that there is some risk of the repetition of this ./Dean_-_16488_-_WEB_DECISION.pdf-behaviour and this risks the future well being of other pupils. I have therefore given this ./Dean_-_16488_-_WEB_DECISION.pdf-element considerable weight in reaching my decision. ./Dean_-_16488_-_WEB_DECISION.pdf- ./Dean_-_16488_-_WEB_DECISION.pdf-I have gone on to consider the extent to which a prohibition order would maintain public ./Dean_-_16488_-_WEB_DECISION.pdf-confidence in the profession. The panel observe, “The findings of misconduct are serious ./Dean_-_16488_-_WEB_DECISION.pdf-and the conduct displayed would likely have a negative impact on the individual’s status ./Dean_-_16488_-_WEB_DECISION.pdf-as a teacher, potentially damaging the public perception.” I am particularly mindful of the ./Dean_-_16488_-_WEB_DECISION.pdf:finding of sexually motivated conduct and conduct of a sexual nature in this case and the ./Dean_-_16488_-_WEB_DECISION.pdf-impact that such a finding has on the reputation of the profession. ./Dean_-_16488_-_WEB_DECISION.pdf- ./Dean_-_16488_-_WEB_DECISION.pdf-I have had to consider that the public has a high expectation of professional standards of ./Dean_-_16488_-_WEB_DECISION.pdf-all teachers and that failure to impose a prohibition order might be regarded by the public ./Dean_-_16488_-_WEB_DECISION.pdf-as a failure to uphold those high standards. In weighing these considerations I have had ./Dean_-_16488_-_WEB_DECISION.pdf-to consider the matter from the point of view of an “ordinary intelligent and well-informed ./Dean_-_16488_-_WEB_DECISION.pdf-citizen.” ./Dean_-_16488_-_WEB_DECISION.pdf- ./Dean_-_16488_-_WEB_DECISION.pdf-I have considered whether the publication of a finding of unacceptable professional ./Dean_-_16488_-_WEB_DECISION.pdf-conduct, in the absence of a prohibition order, can itself be regarded by such a person as -- ./Dean_-_16488_-_WEB_DECISION.pdf-requirement concerning public confidence in the profession. ./Dean_-_16488_-_WEB_DECISION.pdf- ./Dean_-_16488_-_WEB_DECISION.pdf-For these reasons I have concluded that a prohibition order is proportionate and in the ./Dean_-_16488_-_WEB_DECISION.pdf-public interest in order to achieve the aims which a prohibition order is intended to ./Dean_-_16488_-_WEB_DECISION.pdf-achieve. ./Dean_-_16488_-_WEB_DECISION.pdf- ./Dean_-_16488_-_WEB_DECISION.pdf-I have gone on to consider the matter of a review period. In this case the panel has ./Dean_-_16488_-_WEB_DECISION.pdf-recommended that no review period should apply. ./Dean_-_16488_-_WEB_DECISION.pdf- ./Dean_-_16488_-_WEB_DECISION.pdf-I have considered the panel’s comments “ Mr Dean has been responsible for developing ./Dean_-_16488_-_WEB_DECISION.pdf:a sexual relationship with a former pupil, and has thus taken advantage of his ./Dean_-_16488_-_WEB_DECISION.pdf-professional position in that respect. In the course of this relationship and since, Mr Dean ./Dean_-_16488_-_WEB_DECISION.pdf-has not expressed any concern for the welfare of Pupil A, or the impact that this ./Dean_-_16488_-_WEB_DECISION.pdf-relationship would have on her.” ./Dean_-_16488_-_WEB_DECISION.pdf- ./Dean_-_16488_-_WEB_DECISION.pdf-I have considered whether allowing for a no review period reflects the seriousness of the ./Dean_-_16488_-_WEB_DECISION.pdf-findings and is a proportionate period to achieve the aim of maintaining public confidence ./Dean_-_16488_-_WEB_DECISION.pdf-in the profession. In this case, there are three factors that in my view mean that a two ./Dean_-_16488_-_WEB_DECISION.pdf-year review period is not sufficient to achieve the aim of maintaining public confidence in ./Dean_-_16488_-_WEB_DECISION.pdf:the profession. These elements are the findings of both sexually motivated behaviour and ./Dean_-_16488_-_WEB_DECISION.pdf:conduct of a sexual nature, the lack of either insight or remorse , and the fact that the ./Dean_-_16488_-_WEB_DECISION.pdf-panel state that, “Mr Dean also received a warning in relation to his conduct in the form of ./Dean_-_16488_-_WEB_DECISION.pdf-safeguarding concerns being raised with him by his school on 4 September 2016.” ./Dean_-_16488_-_WEB_DECISION.pdf- ./Dean_-_16488_-_WEB_DECISION.pdf-I consider therefore that allowing for a no review period is required to satisfy the ./Dean_-_16488_-_WEB_DECISION.pdf-maintenance of public confidence in the profession. ./Dean_-_16488_-_WEB_DECISION.pdf- ./Dean_-_16488_-_WEB_DECISION.pdf-This means that Mr Norman Dean is prohibited from teaching indefinitely and ./Dean_-_16488_-_WEB_DECISION.pdf-cannot teach in any school, sixth form college, relevant youth accommodation or ./Dean_-_16488_-_WEB_DECISION.pdf-children’s home in England. Furthermore, in view of the seriousness of the allegations ./Dean_-_16488_-_WEB_DECISION.pdf-found proved against him, I have decided that Mr Norman Dean shall not be entitled to ./Decision_A_Doyle.pdf- 1. He failed to maintain professional boundaries with one or more pupils, including by: ./Decision_A_Doyle.pdf- a) allowing one or more pupils to follow his social media profile on Instagram; ./Decision_A_Doyle.pdf- b) replying to one or more comments which he knew were made by pupils on his ./Decision_A_Doyle.pdf- social media profile on Instagram; ./Decision_A_Doyle.pdf- c) privately messaging one or more pupils individually on Instagram; and ./Decision_A_Doyle.pdf- d) messaging one or more pupils as part of a group chat on Instagram. ./Decision_A_Doyle.pdf- 2. One or more of the comments he made to and/or in response to pupils via social ./Decision_A_Doyle.pdf- media were: ./Decision_A_Doyle.pdf- a) inappropriate; and/or ./Decision_A_Doyle.pdf- b) flirtatious; and/or ./Decision_A_Doyle.pdf: c) of a sexual nature ./Decision_A_Doyle.pdf-The teacher in a statement of agreed and disputed facts dated 9 February 2021 admitted ./Decision_A_Doyle.pdf-allegations 1 (b), (c) and (d) and 2 (a). For the avoidance of doubt the teacher denied ./Decision_A_Doyle.pdf-allegations 1 (a) and 2 (b) and (c). Mr Doyle further admitted that the facts of the allegations ./Decision_A_Doyle.pdf-which were admitted amounted to unacceptable professional conduct but denied that the ./Decision_A_Doyle.pdf-facts of the allegations amounted to conduct that may bring the profession into disrepute. ./Decision_A_Doyle.pdf- ./Decision_A_Doyle.pdf- ./Decision_A_Doyle.pdf-Preliminary applications ./Decision_A_Doyle.pdf-There were no preliminary applications. ./Decision_A_Doyle.pdf- -- ./Decision_A_Doyle.pdf- ./Decision_A_Doyle.pdf-The panel found that Mr Doyle’s Instagram profile was open. It was set to ‘public’ which ./Decision_A_Doyle.pdf-enabled anyone to follow him, access his images, comment on his images and send direct ./Decision_A_Doyle.pdf-messages to him. The panel determined that by having his profile set to ‘public’ he allowed ./Decision_A_Doyle.pdf-pupils to follow him, comment on his profile and send direct messages. The teacher failed ./Decision_A_Doyle.pdf-to take into account the guidance outlined in the School’s ICT Policy which stated “Staff ./Decision_A_Doyle.pdf-are advised that if they do have a social media account, it should be made as private as ./Decision_A_Doyle.pdf-possible and any visible content should maintain a professional appearance.” ./Decision_A_Doyle.pdf- ./Decision_A_Doyle.pdf-The panel determined that the teacher did not maintain a professional appearance on his ./Decision_A_Doyle.pdf:Instagram account as he had posted comments against images which inferred sexually ./Decision_A_Doyle.pdf-explicit comments such as “only [REDACTED] I need #Jaaaaaag #Jack.” ./Decision_A_Doyle.pdf- ./Decision_A_Doyle.pdf-On balance the panel found the facts proven in relation to allegation 1 (a). ./Decision_A_Doyle.pdf- ./Decision_A_Doyle.pdf-The panel considered the various screen shots taken of Mr Doyle’s Instagram account ./Decision_A_Doyle.pdf-which included comments, images and group chat messages. The panel determined that ./Decision_A_Doyle.pdf-these comments and messages were made to pupils at the School. Mr Doyle engaged in ./Decision_A_Doyle.pdf-private messages with pupils, replied to comments against images and sent messages ./Decision_A_Doyle.pdf-through the group chat mechanism on Instagram. The panel heard evidence from Mr Doyle ./Decision_A_Doyle.pdf-where he admitted that he was aware that during this period he was communicating with a -- ./Decision_A_Doyle.pdf-The panel determined that Mr Doyle could have taken steps to change the settings of his ./Decision_A_Doyle.pdf-Instagram account or to close his account once he had identified that pupils from the ./Decision_A_Doyle.pdf-School were contacting him through social media, at the start of the summer holidays. The ./Decision_A_Doyle.pdf-panel found that Mr Doyle could have taken reasonable steps to close down the account ./Decision_A_Doyle.pdf-quickly. Instead Mr Doyle chose to reply to comments and send messages in the group ./Decision_A_Doyle.pdf-chat for a period of time with pupils from the School. ./Decision_A_Doyle.pdf- ./Decision_A_Doyle.pdf- 2. One or more of the comments you made to and/or in response to pupils via ./Decision_A_Doyle.pdf- social media were: ./Decision_A_Doyle.pdf- a) inappropriate; and/or ./Decision_A_Doyle.pdf: c) of a sexual nature ./Decision_A_Doyle.pdf- ./Decision_A_Doyle.pdf-The panel then considered allegation 2 (a) to (c) namely, to consider the nature of the ./Decision_A_Doyle.pdf-comments made by Mr Doyle and whether they were inappropriate and/or flirtatious and/or ./Decision_A_Doyle.pdf:of a sexual nature. The teacher has admitted allegation 2 (a). ./Decision_A_Doyle.pdf- ./Decision_A_Doyle.pdf-The panel considered a number of responses and messages sent by Mr Doyle. The panel ./Decision_A_Doyle.pdf-found that Mr Doyle on a number of occasions referred to Pupils in a derogatory manner ./Decision_A_Doyle.pdf-to include “lego head”, “wussy” and “snakkkke.” The panel noted that the teacher had also ./Decision_A_Doyle.pdf-used language such as “FFS (for fuck’s sake),” “taking the piss” and “fucking circus.” The ./Decision_A_Doyle.pdf-panel determined that these comments were inappropriate and found allegation 2 (a) ./Decision_A_Doyle.pdf-proven. ./Decision_A_Doyle.pdf- ./Decision_A_Doyle.pdf-The panel as part of the hearing was directed to the short undated handwritten statements ./Decision_A_Doyle.pdf-prepared by the pupils at the School in relation to the School investigation. None of the ./Decision_A_Doyle.pdf-pupils attended the hearing and none of the handwritten statements were signed by a ./Decision_A_Doyle.pdf-statement of truth. The panel was unclear as to how the pupils had been invited to complete ./Decision_A_Doyle.pdf-their statements and as such there was no evidence to exclude collusion. The panel found ./Decision_A_Doyle.pdf-that this evidence was not admissible. In any event the panel decided to consider whether ./Decision_A_Doyle.pdf-the facts of the allegations were proved with reference to the screen shots from social ./Decision_A_Doyle.pdf-media accounts and Mr Doyle’s evidence. ./Decision_A_Doyle.pdf- ./Decision_A_Doyle.pdf:The panel then considered whether the comments and messages were of a sexual nature. ./Decision_A_Doyle.pdf-This allegation was denied by the teacher. The panel noted that the social media ./Decision_A_Doyle.pdf-conversations included “[REDACTED]”, “the only girl who will give you attention is your ./Decision_A_Doyle.pdf-mother” and “too hot for me.” The panel found that these comments, on an objective ./Decision_A_Doyle.pdf:assessment, had a sexual tone and were of a sexual nature. ./Decision_A_Doyle.pdf- ./Decision_A_Doyle.pdf-Additionally, the panel found conversations where the teacher had commented “fittest one ./Decision_A_Doyle.pdf-too”, “glad you’re 16 now” and “swoop in.” In his evidence Mr Doyle stated that he was ./Decision_A_Doyle.pdf-reiterating comments made by older men to female pupils on their Instagram accounts. He ./Decision_A_Doyle.pdf- ./Decision_A_Doyle.pdf- 7 ./Decision_A_Doyle.pdf- -- ./Decision_A_Doyle.pdf-said that these comments he sent were in “jest, a bit of a joke.” The panel found that Mr ./Decision_A_Doyle.pdf-Doyle did not understand the concerning nature of these messages which had been sent ./Decision_A_Doyle.pdf-to young female pupils and did not recognise them to be a safeguarding concern. The ./Decision_A_Doyle.pdf:panel found the comments to be of a sexual nature and found allegation 2 (c) proven. ./Decision_A_Doyle.pdf- ./Decision_A_Doyle.pdf-The panel found the following particulars of the allegations against you not proven, for ./Decision_A_Doyle.pdf-these reasons: ./Decision_A_Doyle.pdf- ./Decision_A_Doyle.pdf-2. One or more of the comments you made to and/or in response to pupils via social ./Decision_A_Doyle.pdf-media were: ./Decision_A_Doyle.pdf- ./Decision_A_Doyle.pdf- b) flirtatious ./Decision_A_Doyle.pdf- ./Decision_A_Doyle.pdf-The panel then considered allegation 2 (b). This allegation was denied by the teacher. In ./Decision_A_Doyle.pdf-its consideration of flirtatious comments the panel applied the dictionary definition namely, ./Decision_A_Doyle.pdf:“behaving in such a way as to suggest a playful sexual attraction to someone.” The panel ./Decision_A_Doyle.pdf-considered the responses and the messages Mr Doyle sent to the pupils. [REDACTED]. ./Decision_A_Doyle.pdf:Whilst the panel found that some of these comments included sexual inuendoes and gave ./Decision_A_Doyle.pdf:rise to sexual connotations, the panel did not find that they were directed to individuals and ./Decision_A_Doyle.pdf-therefore, did not find this allegation 2 (b) proven. ./Decision_A_Doyle.pdf- ./Decision_A_Doyle.pdf-Findings as to unacceptable professional conduct and/or conduct that ./Decision_A_Doyle.pdf-may bring the profession into disrepute ./Decision_A_Doyle.pdf- ./Decision_A_Doyle.pdf-Having found all allegations, save for allegation 2 (b) proven, the panel went on to consider ./Decision_A_Doyle.pdf-whether the facts of those proven allegations amounted to unacceptable professional ./Decision_A_Doyle.pdf-conduct and conduct that may bring the profession into disrepute. ./Decision_A_Doyle.pdf- ./Decision_A_Doyle.pdf-Unprofessional Conduct -- ./Decision_A_Doyle.pdf- ./Decision_A_Doyle.pdf-The panel was satisfied that the conduct of Mr Doyle, in relation to the facts found proved, ./Decision_A_Doyle.pdf-involved breaches of ‘Working Together to Safeguard Children.’ ./Decision_A_Doyle.pdf- ./Decision_A_Doyle.pdf-The panel was satisfied that Mr Doyle’s conduct fell significantly short of the standards ./Decision_A_Doyle.pdf-expected of the profession. Mr Doyle failed to manage appropriately his social media ./Decision_A_Doyle.pdf-account, by engaging in conversations with pupils through Instagram and failed to stop the ./Decision_A_Doyle.pdf-conversations promptly or change the privacy settings to his account within a reasonable ./Decision_A_Doyle.pdf-period. ./Decision_A_Doyle.pdf- ./Decision_A_Doyle.pdf:Mr Doyle used derogatory and foul language and comments of a sexual nature to a number ./Decision_A_Doyle.pdf-of pupils at the School. In his comments the panel found that he called pupils names such ./Decision_A_Doyle.pdf-as “lego head” and “wussy”, he used language such as “FFS”, “piss” and “fucking” when ./Decision_A_Doyle.pdf:conversing with the pupils. He also engaged in conversations with comments of a sexual ./Decision_A_Doyle.pdf-nature and failed to report these as safeguarding concerns to the School. An objective ./Decision_A_Doyle.pdf-assessment would deem such communications as inappropriate and unprofessional. ./Decision_A_Doyle.pdf- ./Decision_A_Doyle.pdf-The panel found that Mr Doyle’s conduct was due to naivety and an attempt to ./Decision_A_Doyle.pdf-communicate with the pupils, as Mr Doyle said, by trying to “engage with them at their ./Decision_A_Doyle.pdf-level” and “using banter.” The panel found this to be unprofessional and also in breach of ./Decision_A_Doyle.pdf-the School’s ICT Policy and code of conduct. ./Decision_A_Doyle.pdf- ./Decision_A_Doyle.pdf-The panel also considered whether Mr Doyle’s conduct displayed behaviours associated ./Decision_A_Doyle.pdf-with any of the offences in the list that begins on page 12 of the Advice. The panel ./Decision_A_Doyle.pdf:determined that Mr Doyle’s behaviour involved sexual communication with a child because ./Decision_A_Doyle.pdf:the messages were of a sexual nature. The panel found that there was no evidence that ./Decision_A_Doyle.pdf:the messages were sexually motivated or in pursuit of sexual gratification. ./Decision_A_Doyle.pdf- ./Decision_A_Doyle.pdf-The panel noted that the allegations took place outside the education setting albeit, he was ./Decision_A_Doyle.pdf-communicating with pupils from his School. Mr Doyle’s conduct, through the inappropriate ./Decision_A_Doyle.pdf-comments and messages he sent pupils, adversely affected the way he fulfilled his ./Decision_A_Doyle.pdf-teaching role and may have led to pupils being exposed to or influenced in a harmful way. ./Decision_A_Doyle.pdf-Mr Doyle called pupils derogatory names, used foul language and sent messages of a ./Decision_A_Doyle.pdf:sexual nature. ./Decision_A_Doyle.pdf- ./Decision_A_Doyle.pdf-Disrepute ./Decision_A_Doyle.pdf- ./Decision_A_Doyle.pdf-The panel noted that Mr Doyle denied that his conduct had brought the profession into ./Decision_A_Doyle.pdf-disrepute. ./Decision_A_Doyle.pdf- ./Decision_A_Doyle.pdf- 9 ./Decision_A_Doyle.pdf- -- ./Decision_A_Doyle.pdf-community. The panel also took account of the uniquely influential role that teachers can ./Decision_A_Doyle.pdf-hold in pupils’ lives and the fact that pupils must be able to view teachers as role models ./Decision_A_Doyle.pdf-in the way that they behave. The panel determined that Mr Doyle would have an influential ./Decision_A_Doyle.pdf-role in shaping pupils behaviours. His conduct which included calling pupils names, joking ./Decision_A_Doyle.pdf-about older men approaching the female pupils and using foul language could harm the ./Decision_A_Doyle.pdf-way pupils interact with each other or engage with others on social media. ./Decision_A_Doyle.pdf- ./Decision_A_Doyle.pdf-The panel noted that the advice is not intended to be exhaustive and there may be other ./Decision_A_Doyle.pdf-behaviours that panels consider to be “conduct that may bring the profession into ./Decision_A_Doyle.pdf-disrepute.” The panel found that Mr Doyle’s communications were inappropriate and of a ./Decision_A_Doyle.pdf:sexual nature. The panel found that his account was set to ‘public’ and therefore the ./Decision_A_Doyle.pdf-comments on his account were available for the public to see. This included parents, other ./Decision_A_Doyle.pdf-teachers and members of the community. ./Decision_A_Doyle.pdf- ./Decision_A_Doyle.pdf-Further, the panel found that Mr Doyle’s misconduct would have a negative impact on the ./Decision_A_Doyle.pdf-profession and did not accept that the impact of his misconduct was limited to just his ./Decision_A_Doyle.pdf-reputation. Mr Doyle as a teacher is in a unique position and is a role model to pupils. His ./Decision_A_Doyle.pdf-failure to maintain appropriate professional boundaries could potentially damage the ./Decision_A_Doyle.pdf-public’s perception of a teacher. ./Decision_A_Doyle.pdf- ./Decision_A_Doyle.pdf-The panel therefore found that Mr Doyle’s actions constituted conduct that may bring the -- ./Decision_A_Doyle.pdf-In the list of such behaviours, those that were relevant in this case were: ./Decision_A_Doyle.pdf- ./Decision_A_Doyle.pdf- • serious departure from the personal and professional conduct elements of the ./Decision_A_Doyle.pdf- Teachers’ Standards; and ./Decision_A_Doyle.pdf- • misconduct seriously affecting the education and/or safeguarding and well-being of ./Decision_A_Doyle.pdf- pupils. ./Decision_A_Doyle.pdf-The panel considered carefully the seriousness of the behaviour, noting that the Advice ./Decision_A_Doyle.pdf-states that the expectation of both the public and pupils, is that members of the teaching ./Decision_A_Doyle.pdf-profession maintain an exemplary level of integrity and ethical standards at all times. The ./Decision_A_Doyle.pdf-panel found that whilst some of the responses and comments made to pupils at the School ./Decision_A_Doyle.pdf:by Mr Doyle were of a sexual nature, the panel did not find that this conduct was sexually ./Decision_A_Doyle.pdf:motivated or that Mr Doyle sought sexual gratification. The panel found that in relation to ./Decision_A_Doyle.pdf:the facts proven concerning communications of a sexual nature that Mr Doyle’s conduct ./Decision_A_Doyle.pdf-was on the lower end of the spectrum for these types of behaviours. ./Decision_A_Doyle.pdf- ./Decision_A_Doyle.pdf-Mitigation ./Decision_A_Doyle.pdf- ./Decision_A_Doyle.pdf-Even though the behaviour found proven in this case indicated that a prohibition order ./Decision_A_Doyle.pdf-could be appropriate, the panel went on to consider the mitigating factors. Mitigating factors ./Decision_A_Doyle.pdf-may indicate that a prohibition order would not be appropriate or proportionate. ./Decision_A_Doyle.pdf- ./Decision_A_Doyle.pdf-In light of the panel’s findings the panel determined that there was evidence to suggest that ./Decision_A_Doyle.pdf-Mr Doyle’s actions were deliberate but there was no evidence to suggest that he was acting -- ./Decision_A_Doyle.pdf-teacher who had limited teaching experience. For this reason the panel could not consider ./Decision_A_Doyle.pdf-whether Mr Doyle had made an exceptional contribution to the profession.” ./Decision_A_Doyle.pdf- ./Decision_A_Doyle.pdf-A prohibition order would prevent Mr Doyle from teaching. A prohibition order would also ./Decision_A_Doyle.pdf-clearly deprive the public of his contribution to the profession for the period that it is in ./Decision_A_Doyle.pdf-force. ./Decision_A_Doyle.pdf- ./Decision_A_Doyle.pdf-I have placed considerable weight on the following findings “The panel found that whilst ./Decision_A_Doyle.pdf-some of the responses and comments made to pupils at the School by Mr Doyle were of a ./Decision_A_Doyle.pdf:sexual nature, the panel did not find that this conduct was sexually motivated or that Mr ./Decision_A_Doyle.pdf:Doyle sought sexual gratification. The panel found that in relation to the facts proven ./Decision_A_Doyle.pdf:concerning communications of a sexual nature that Mr Doyle’s conduct was on the lower ./Decision_A_Doyle.pdf-end of the spectrum for these types of behaviours.” ./Decision_A_Doyle.pdf- ./Decision_A_Doyle.pdf-I have also considered the mitigating factors considered “The panel did not find that Mr ./Decision_A_Doyle.pdf-Doyle’s actions were calculated or self-motivated.” ./Decision_A_Doyle.pdf- ./Decision_A_Doyle.pdf-I have given weight in my consideration of sanction to the following comment “The panel ./Decision_A_Doyle.pdf-was of the view that, applying the standard of the ordinary intelligent citizen, the ./Decision_A_Doyle.pdf-recommendation of no prohibition order would be both a proportionate and an appropriate ./Decision_A_Doyle.pdf-response. Given that the nature and severity of the behaviour were at the less serious end ./Decision_A_Doyle.pdf-of the spectrum and, having considered the mitigating factors that were present, the panel ./Decision_Dr_Olivieri_R.pdf- ./Decision_Dr_Olivieri_R.pdf-1. Sent one or more of the messages set out in the attached Schedule to a former pupil, ./Decision_Dr_Olivieri_R.pdf- Miss A. ./Decision_Dr_Olivieri_R.pdf- ./Decision_Dr_Olivieri_R.pdf-2. Your conduct at 1 above was: ./Decision_Dr_Olivieri_R.pdf- ./Decision_Dr_Olivieri_R.pdf- a) in breach of the Creative Education Trust's E-Safety policy; ./Decision_Dr_Olivieri_R.pdf- ./Decision_Dr_Olivieri_R.pdf- b) in breach of the Creative Education Trust's Code of Conduct; ./Decision_Dr_Olivieri_R.pdf- ./Decision_Dr_Olivieri_R.pdf: c) sexually motivated. ./Decision_Dr_Olivieri_R.pdf- ./Decision_Dr_Olivieri_R.pdf- ./Decision_Dr_Olivieri_R.pdf- ./Decision_Dr_Olivieri_R.pdf-The Schedule: ./Decision_Dr_Olivieri_R.pdf- ./Decision_Dr_Olivieri_R.pdf- a) "they be mad to be passing you by" or words to that effect; ./Decision_Dr_Olivieri_R.pdf- ./Decision_Dr_Olivieri_R.pdf- b) "well I mean your photo says it all they'd be mad" or words to that effect; ./Decision_Dr_Olivieri_R.pdf- ./Decision_Dr_Olivieri_R.pdf- c) "let me know I might pop say hi if you can" or words to that effect"; ./Decision_Dr_Olivieri_R.pdf- ./Decision_Dr_Olivieri_R.pdf: d) "oh I love when a lady has a high sex drive" or words to that effect; ./Decision_Dr_Olivieri_R.pdf- ./Decision_Dr_Olivieri_R.pdf- e) "can't get enough myself" or words to that effect; ./Decision_Dr_Olivieri_R.pdf- ./Decision_Dr_Olivieri_R.pdf- f) "I wish I was some sort of monk. Then I'd have peace of mind 101" or words to that effect; ./Decision_Dr_Olivieri_R.pdf- ./Decision_Dr_Olivieri_R.pdf- g) "you got a nice rack to die for" or words to that effect; ./Decision_Dr_Olivieri_R.pdf- ./Decision_Dr_Olivieri_R.pdf: h) "I'm into old fashioned sex 101" or words to that effect; ./Decision_Dr_Olivieri_R.pdf- ./Decision_Dr_Olivieri_R.pdf- i) "Just fucking sucking and all that hahaha" or words to that effect; ./Decision_Dr_Olivieri_R.pdf- ./Decision_Dr_Olivieri_R.pdf- j) "I do like it sucked balls deep hahaha" or words to that effect; ./Decision_Dr_Olivieri_R.pdf- ./Decision_Dr_Olivieri_R.pdf- k) "do you spit or..." or words to that effect; ./Decision_Dr_Olivieri_R.pdf- ./Decision_Dr_Olivieri_R.pdf- I) "I mean if hypothetically we ever fucked" or words to that effect; ./Decision_Dr_Olivieri_R.pdf- ./Decision_Dr_Olivieri_R.pdf- m) "would love to have my face buried in those melons" or words to that effect. -- ./Decision_Dr_Olivieri_R.pdf-In October 2019, Miss A sent Dr Olivieri a message via Facebook Messenger. In that ./Decision_Dr_Olivieri_R.pdf-message she apologised for her behaviour whilst she was a pupil and told him he was a ./Decision_Dr_Olivieri_R.pdf-great teacher. Dr Olivieri recognised Miss A as being a former pupil when she sent him ./Decision_Dr_Olivieri_R.pdf-this message. At first, the exchange of messages was sporadic and the topics of ./Decision_Dr_Olivieri_R.pdf-discussion varied including music and parenting amongst others. Around January 2020, ./Decision_Dr_Olivieri_R.pdf:the messages became more flirtatious and then of a sexual nature, as set out in the ./Decision_Dr_Olivieri_R.pdf-allegation schedule. ./Decision_Dr_Olivieri_R.pdf- ./Decision_Dr_Olivieri_R.pdf-The panel was satisfied that Dr Olivieri's admissions were unequivocal and wholly ./Decision_Dr_Olivieri_R.pdf-consistent with the surrounding evidence in the bundle. ./Decision_Dr_Olivieri_R.pdf- ./Decision_Dr_Olivieri_R.pdf-Accordingly, the panel was satisfied that it was more likely than not that these messages ./Decision_Dr_Olivieri_R.pdf-were sent and found this allegation proved. ./Decision_Dr_Olivieri_R.pdf- ./Decision_Dr_Olivieri_R.pdf-2. Your conduct at 1 above was: ./Decision_Dr_Olivieri_R.pdf- ./Decision_Dr_Olivieri_R.pdf- a) in breach of the Creative Education Trust's E-Safety policy; ./Decision_Dr_Olivieri_R.pdf- ./Decision_Dr_Olivieri_R.pdf- b) in breach of the Creative Education Trust's Code of Conduct; ./Decision_Dr_Olivieri_R.pdf- ./Decision_Dr_Olivieri_R.pdf: c) sexually motivated. ./Decision_Dr_Olivieri_R.pdf- ./Decision_Dr_Olivieri_R.pdf-In the agreed statement of facts, Dr Olivieri admitted all three elements of this allegation ./Decision_Dr_Olivieri_R.pdf-and also confirmed this in his oral evidence. The panel also viewed the relevant sections ./Decision_Dr_Olivieri_R.pdf-of the E-Safety policy and Code of Conduct. ./Decision_Dr_Olivieri_R.pdf- ./Decision_Dr_Olivieri_R.pdf-Some of those sections included: ./Decision_Dr_Olivieri_R.pdf- ./Decision_Dr_Olivieri_R.pdf-"All members of staff are advised not to communicate with [. . .] any current or past pupils ./Decision_Dr_Olivieri_R.pdf-[. . .] via any personal social media sites, applications or profiles." And "staff must not [. . ./Decision_Dr_Olivieri_R.pdf:.] attempt to initiate a relationship which is of a sexual nature, with a recent ex-pupil." ./Decision_Dr_Olivieri_R.pdf- ./Decision_Dr_Olivieri_R.pdf-Whilst the panel noted that the word 'recent' could be open to interpretation, it was clear ./Decision_Dr_Olivieri_R.pdf-from the evidence that only two or three years had passed from when Dr Olivieri last ./Decision_Dr_Olivieri_R.pdf-taught Miss A and he was aware she was friends with a current pupil that he still taught. ./Decision_Dr_Olivieri_R.pdf-In those circumstances, the panel formed the view that Miss A could rightly be ./Decision_Dr_Olivieri_R.pdf-considered a rather recent ex-pupil and that the conduct guidance therefore applied. ./Decision_Dr_Olivieri_R.pdf- ./Decision_Dr_Olivieri_R.pdf-Having found allegation 1 proved, the panel considered the most likely explanation for ./Decision_Dr_Olivieri_R.pdf:sending messages of this sexual nature would be for sexual gratification as was admitted ./Decision_Dr_Olivieri_R.pdf-by Dr Olivieri. ./Decision_Dr_Olivieri_R.pdf- ./Decision_Dr_Olivieri_R.pdf-The panel was satisfied that Dr Olivieri's admissions to all three elements of this ./Decision_Dr_Olivieri_R.pdf-allegation were unequivocal and wholly consistent with the surrounding evidence in the ./Decision_Dr_Olivieri_R.pdf-bundle. ./Decision_Dr_Olivieri_R.pdf- ./Decision_Dr_Olivieri_R.pdf- ./Decision_Dr_Olivieri_R.pdf- 8 ./Decision_Dr_Olivieri_R.pdf- -- ./Decision_Dr_Olivieri_R.pdf-Accordingly the panel was satisfied that it was more likely than not that Dr Olivieri had ./Decision_Dr_Olivieri_R.pdf:breached the policy, code of conduct and sent the messages for sexual gratification and ./Decision_Dr_Olivieri_R.pdf:accordingly his conduct was sexually motivated. Therefore, the panel found this ./Decision_Dr_Olivieri_R.pdf-allegation proved. ./Decision_Dr_Olivieri_R.pdf- ./Decision_Dr_Olivieri_R.pdf-Findings as to unacceptable professional conduct and/or conduct that ./Decision_Dr_Olivieri_R.pdf-may bring the profession into disrepute ./Decision_Dr_Olivieri_R.pdf- ./Decision_Dr_Olivieri_R.pdf-Having found all the allegations proved, the panel went on to consider whether the facts ./Decision_Dr_Olivieri_R.pdf-of those proved allegations amounted to unacceptable professional conduct and/or ./Decision_Dr_Olivieri_R.pdf-conduct that may bring the profession into disrepute. ./Decision_Dr_Olivieri_R.pdf- ./Decision_Dr_Olivieri_R.pdf-In doing so, the panel had regard to the document Teacher Misconduct: The Prohibition -- ./Decision_Dr_Olivieri_R.pdf-serious nature which fell significantly short of the standards expected of the profession. ./Decision_Dr_Olivieri_R.pdf- ./Decision_Dr_Olivieri_R.pdf-Dr Olivieri's conduct was not an isolated incident, but persisted for a number of months. It ./Decision_Dr_Olivieri_R.pdf-was clear from the content of some of those messages (such as "I shouldn't say all this to ./Decision_Dr_Olivieri_R.pdf-you either [.] It's very unprofessional") that Dr Olivieri had an understanding at the time ./Decision_Dr_Olivieri_R.pdf-that his conduct was wrong. Dr Olivieri's conduct could not be classified as a momentary ./Decision_Dr_Olivieri_R.pdf-lapse of judgement. ./Decision_Dr_Olivieri_R.pdf- ./Decision_Dr_Olivieri_R.pdf-The panel also considered whether Dr Olivieri's conduct displayed behaviours associated ./Decision_Dr_Olivieri_R.pdf-with any of the offences listed on page 12 of the Advice. The panel found the offence of ./Decision_Dr_Olivieri_R.pdf:'sexual communication with a child' to be relevant. The Advice indicates that where ./Decision_Dr_Olivieri_R.pdf-behaviours associated with such an offence exist, a panel is likely to conclude that an ./Decision_Dr_Olivieri_R.pdf-individual’s conduct would amount to unacceptable professional conduct. ./Decision_Dr_Olivieri_R.pdf- ./Decision_Dr_Olivieri_R.pdf- ./Decision_Dr_Olivieri_R.pdf- 9 ./Decision_Dr_Olivieri_R.pdf- -- ./Decision_Dr_Olivieri_R.pdf-The panel noted that the messages were mostly sent outside the school setting, although ./Decision_Dr_Olivieri_R.pdf-Dr Olivieri admitted to sending one of the messages during a school break time, clarifying ./Decision_Dr_Olivieri_R.pdf:that that particular message was not of a sexual nature. Nonetheless, the nature of the ./Decision_Dr_Olivieri_R.pdf-exchange must be considered in the context of his relatively recent professional ./Decision_Dr_Olivieri_R.pdf-relationship with Miss A in the educational setting. ./Decision_Dr_Olivieri_R.pdf- ./Decision_Dr_Olivieri_R.pdf-Furthermore, the panel heard evidence from [REDACTED] that Miss B, a current pupil, ./Decision_Dr_Olivieri_R.pdf-was concerned about the impact this situation might have on her in terms of her ./Decision_Dr_Olivieri_R.pdf-academic performance as she was taught by Dr Olivieri. A number of other pupils and ./Decision_Dr_Olivieri_R.pdf:parents also saw the sexualised messages which had been posted on social media and ./Decision_Dr_Olivieri_R.pdf-their reaction to learning this was described by [REDACTED] as very difficult for the ./Decision_Dr_Olivieri_R.pdf-school to manage. ./Decision_Dr_Olivieri_R.pdf- ./Decision_Dr_Olivieri_R.pdf-Accordingly, the panel was satisfied that Dr Olivieri was guilty of unacceptable ./Decision_Dr_Olivieri_R.pdf-professional conduct. ./Decision_Dr_Olivieri_R.pdf- ./Decision_Dr_Olivieri_R.pdf-The panel took into account the way the teaching profession is viewed by others and ./Decision_Dr_Olivieri_R.pdf-considered the influence that teachers may have on pupils, parents and others in the ./Decision_Dr_Olivieri_R.pdf-community. The panel also took account of the uniquely influential role that teachers can ./Decision_Dr_Olivieri_R.pdf-hold in pupils’ lives and the fact that pupils must be able to view teachers as role models -- ./Decision_Dr_Olivieri_R.pdf- ./Decision_Dr_Olivieri_R.pdf-  the protection of pupils ./Decision_Dr_Olivieri_R.pdf- ./Decision_Dr_Olivieri_R.pdf-  the maintenance of public confidence in the profession ./Decision_Dr_Olivieri_R.pdf- ./Decision_Dr_Olivieri_R.pdf-  declaring and upholding proper standards of conduct ./Decision_Dr_Olivieri_R.pdf- ./Decision_Dr_Olivieri_R.pdf-  the interest of retaining the teacher in the profession ./Decision_Dr_Olivieri_R.pdf- ./Decision_Dr_Olivieri_R.pdf-In the light of the panel’s findings against Dr Olivieri which involved sending messages, ./Decision_Dr_Olivieri_R.pdf:some of which were of a sexual nature to a recent former pupil, there was a strong public ./Decision_Dr_Olivieri_R.pdf-interest consideration in respect of the protection of pupils. ./Decision_Dr_Olivieri_R.pdf- ./Decision_Dr_Olivieri_R.pdf-Similarly, the panel considered that public confidence in the profession could be seriously ./Decision_Dr_Olivieri_R.pdf-weakened if conduct such as that found against Dr Olivieri were not treated with the ./Decision_Dr_Olivieri_R.pdf-utmost seriousness when regulating the conduct of the profession. ./Decision_Dr_Olivieri_R.pdf- ./Decision_Dr_Olivieri_R.pdf-The panel was of the view that a strong public interest consideration in declaring proper ./Decision_Dr_Olivieri_R.pdf-standards of conduct in the profession was also present, as the conduct found against Dr ./Decision_Dr_Olivieri_R.pdf-Olivieri was outside that which could reasonably be tolerated. ./Decision_Dr_Olivieri_R.pdf- -- ./Decision_Dr_Olivieri_R.pdf- ./Decision_Dr_Olivieri_R.pdf-In carrying out the balancing exercise, the panel had regard to the public interest ./Decision_Dr_Olivieri_R.pdf-considerations both in favour of, and against, prohibition as well as the interests of Dr ./Decision_Dr_Olivieri_R.pdf-Olivieri. The panel took further account of the Advice, which suggests that a prohibition ./Decision_Dr_Olivieri_R.pdf-order may be appropriate if certain behaviours of a teacher have been proved. In the list ./Decision_Dr_Olivieri_R.pdf-of such behaviours, those that were relevant in this case were: ./Decision_Dr_Olivieri_R.pdf- ./Decision_Dr_Olivieri_R.pdf-  serious departure from the personal and professional conduct elements of the ./Decision_Dr_Olivieri_R.pdf- Teachers’ Standards; ./Decision_Dr_Olivieri_R.pdf- ./Decision_Dr_Olivieri_R.pdf:  sexual misconduct, for example, involving actions that were sexually motivated or ./Decision_Dr_Olivieri_R.pdf: of a sexual nature and/or that use or exploit the trust, knowledge or influence ./Decision_Dr_Olivieri_R.pdf- derived from the individual’s professional position; ./Decision_Dr_Olivieri_R.pdf- ./Decision_Dr_Olivieri_R.pdf- ./Decision_Dr_Olivieri_R.pdf- ./Decision_Dr_Olivieri_R.pdf- ./Decision_Dr_Olivieri_R.pdf- 11 ./Decision_Dr_Olivieri_R.pdf- -- ./Decision_Dr_Olivieri_R.pdf-In light of the above evidence, the panel considers the risk of repetition of such conduct ./Decision_Dr_Olivieri_R.pdf-in this case to be very low. ./Decision_Dr_Olivieri_R.pdf- ./Decision_Dr_Olivieri_R.pdf-The panel then went on to consider the wider public interest. ./Decision_Dr_Olivieri_R.pdf- ./Decision_Dr_Olivieri_R.pdf-The panel was in no doubt that the facts of this case require a robust regulatory response ./Decision_Dr_Olivieri_R.pdf-in order to uphold proper standards and to maintain public confidence in the profession. ./Decision_Dr_Olivieri_R.pdf- ./Decision_Dr_Olivieri_R.pdf-The panel was obligated to consider the messages, their frequency and content, in the ./Decision_Dr_Olivieri_R.pdf-wider factual context of the evidence bundle and the oral evidence at the hearing. The ./Decision_Dr_Olivieri_R.pdf:panel was mindful that all misconduct, including sexual misconduct, can be evaluated on ./Decision_Dr_Olivieri_R.pdf:a wide spectrum of seriousness. Whilst the Advice makes clear that sexual misconduct is ./Decision_Dr_Olivieri_R.pdf-a factor tending to suggest that a Prohibition Order is likely to be appropriate, the panel ./Decision_Dr_Olivieri_R.pdf-was mindful this should not be reduced to a simple tick-box exercise. The panel found no ./Decision_Dr_Olivieri_R.pdf-evidence to suggest that Dr Olivieri was grooming Miss A or acting in a predatory ./Decision_Dr_Olivieri_R.pdf:manner. The panel considered that on the spectrum of sexual misconduct that is often ./Decision_Dr_Olivieri_R.pdf-presented before professional conduct panels, this case fell towards the lower end of that ./Decision_Dr_Olivieri_R.pdf-spectrum. ./Decision_Dr_Olivieri_R.pdf- ./Decision_Dr_Olivieri_R.pdf-The panel first considered whether it would be proportionate to conclude this case with ./Decision_Dr_Olivieri_R.pdf-no recommendation of prohibition, considering whether the publication of the findings ./Decision_Dr_Olivieri_R.pdf-made by the panel would be sufficient. ./Decision_Dr_Olivieri_R.pdf- ./Decision_Dr_Olivieri_R.pdf-This a finely balanced case. Notwithstanding the factors that might weigh in favour of ./Decision_Dr_Olivieri_R.pdf-prohibition, the panel placed particular weight on the combination of the following: ./Decision_Dr_Olivieri_R.pdf- ./Decision_Dr_Olivieri_R.pdf-  Dr Olivieri's actions were not pre-planned ./Decision_Dr_Olivieri_R.pdf- ./Decision_Dr_Olivieri_R.pdf-  There is a very low risk of repetition ./Decision_Dr_Olivieri_R.pdf- ./Decision_Dr_Olivieri_R.pdf:  The sexual misconduct was at the lower end of the spectrum of seriousness ./Decision_Dr_Olivieri_R.pdf- ./Decision_Dr_Olivieri_R.pdf-  Dr Olivieri's positive contribution to the profession is that of an effective and ./Decision_Dr_Olivieri_R.pdf- committed teacher ./Decision_Dr_Olivieri_R.pdf- ./Decision_Dr_Olivieri_R.pdf-  Dr Olivieri demonstrated a high level of insight and remorse ./Decision_Dr_Olivieri_R.pdf- ./Decision_Dr_Olivieri_R.pdf-  Dr Olivieri has been successfully employed at his current school and there has ./Decision_Dr_Olivieri_R.pdf- been no suggestion of any concerns in the last two years ./Decision_Dr_Olivieri_R.pdf- ./Decision_Dr_Olivieri_R.pdf-The panel considered that the careful balancing of these factors taken together with the -- ./Decision_Dr_Olivieri_R.pdf- ./Decision_Dr_Olivieri_R.pdf- o having regard for the need to safeguard pupils’ well-being, in accordance ./Decision_Dr_Olivieri_R.pdf- with statutory provisions ./Decision_Dr_Olivieri_R.pdf- ./Decision_Dr_Olivieri_R.pdf-  Teachers must have proper and professional regard for the ethos, policies and ./Decision_Dr_Olivieri_R.pdf- practices of the school in which they teach. ./Decision_Dr_Olivieri_R.pdf- ./Decision_Dr_Olivieri_R.pdf-The panel finds that the conduct of Dr Olivieri fell significantly short of the standards ./Decision_Dr_Olivieri_R.pdf-expected of the profession. ./Decision_Dr_Olivieri_R.pdf- ./Decision_Dr_Olivieri_R.pdf:The findings of misconduct involved sending messages, some of which were of a sexual ./Decision_Dr_Olivieri_R.pdf-nature to a recent former pupil, conduct that breached policy and code of conduct. ./Decision_Dr_Olivieri_R.pdf- ./Decision_Dr_Olivieri_R.pdf- ./Decision_Dr_Olivieri_R.pdf- ./Decision_Dr_Olivieri_R.pdf- 14 ./Decision_Dr_Olivieri_R.pdf- -- ./Decision_Dr_Olivieri_R.pdf-I have also asked myself, whether a less intrusive measure, such as the published ./Decision_Dr_Olivieri_R.pdf-finding of unacceptable professional conduct and conduct that may bring the profession ./Decision_Dr_Olivieri_R.pdf-into disrepute, would itself be sufficient to achieve the overall aim. I have to consider ./Decision_Dr_Olivieri_R.pdf-whether the consequences of such a publication are themselves sufficient. I have ./Decision_Dr_Olivieri_R.pdf-considered therefore whether or not prohibiting Dr Olivieri, and the impact that will have ./Decision_Dr_Olivieri_R.pdf-on the teacher, is proportionate and in the public interest. ./Decision_Dr_Olivieri_R.pdf- ./Decision_Dr_Olivieri_R.pdf-In this case, I have considered the extent to which a prohibition order would protect ./Decision_Dr_Olivieri_R.pdf-children and/or safeguard pupils. The panel has observed, “In the light of the panel’s ./Decision_Dr_Olivieri_R.pdf-findings against Dr Olivieri which involved sending messages, some of which were of a ./Decision_Dr_Olivieri_R.pdf:sexual nature to a recent former pupil, there was a strong public interest consideration in ./Decision_Dr_Olivieri_R.pdf-respect of the protection of pupils.” A prohibition order would therefore prevent such a ./Decision_Dr_Olivieri_R.pdf-risk from being present in the future. ./Decision_Dr_Olivieri_R.pdf- ./Decision_Dr_Olivieri_R.pdf-I have also taken into account the panel’s comments on insight and remorse, which the ./Decision_Dr_Olivieri_R.pdf-panel sets out as follows, “The panel was satisfied that Dr Olivieri has demonstrated ./Decision_Dr_Olivieri_R.pdf-meaningful insight and genuine remorse into the harmful conduct he undertook, including ./Decision_Dr_Olivieri_R.pdf-the effect it had on Miss A and the wider school community, how he had let that ./Decision_Dr_Olivieri_R.pdf-behaviour occur. Dr Olivieri was also able to evidence the tangible steps he has taken to ./Decision_Dr_Olivieri_R.pdf-make sure it would not happen again.” The panel has also commented “the panel ./Decision_Dr_Olivieri_R.pdf-considers the risk of repetition of such conduct in this case to be very low.” I have ./Decision_Dr_Olivieri_R.pdf-therefore given this element weight in reaching my decision. ./Decision_Dr_Olivieri_R.pdf- ./Decision_Dr_Olivieri_R.pdf-I have gone on to consider the extent to which a prohibition order would maintain public ./Decision_Dr_Olivieri_R.pdf-confidence in the profession. The panel observe, “the panel considered that public ./Decision_Dr_Olivieri_R.pdf-confidence in the profession could be seriously weakened if conduct such as that found ./Decision_Dr_Olivieri_R.pdf-against Dr Olivieri were not treated with the utmost seriousness when regulating the ./Decision_Dr_Olivieri_R.pdf:conduct of the profession.” I am particularly mindful of the finding of sexual motivation ./Decision_Dr_Olivieri_R.pdf-involving a former pupil in this case and the impact that such a finding has on the ./Decision_Dr_Olivieri_R.pdf-reputation of the profession. ./Decision_Dr_Olivieri_R.pdf- ./Decision_Dr_Olivieri_R.pdf-I have had to consider that the public has a high expectation of professional standards of ./Decision_Dr_Olivieri_R.pdf-all teachers and that the public might regard a failure to impose a prohibition order as a ./Decision_Dr_Olivieri_R.pdf-failure to uphold those high standards. In weighing these considerations, I have had to ./Decision_Dr_Olivieri_R.pdf-consider the matter from the point of view of an “ordinary intelligent and well-informed ./Decision_Dr_Olivieri_R.pdf-citizen.” ./Decision_Dr_Olivieri_R.pdf- ./Decision_Dr_Olivieri_R.pdf-I have considered whether the publication of a finding of unacceptable professional -- ./Decision_Dr_Olivieri_R.pdf- ./Decision_Dr_Olivieri_R.pdf-In this case, I have placed considerable weight on the panel’s comments concerning ./Decision_Dr_Olivieri_R.pdf-unprofessional conduct. The panel has said, “Dr Olivieri's conduct was not an isolated ./Decision_Dr_Olivieri_R.pdf-incident, but persisted for a number of months. It was clear from the content of some of ./Decision_Dr_Olivieri_R.pdf-those messages (such as "I shouldn't say all this to you either [.] It's very unprofessional") ./Decision_Dr_Olivieri_R.pdf-that Dr Olivieri had an understanding at the time that his conduct was wrong. Dr Olivieri's ./Decision_Dr_Olivieri_R.pdf-conduct could not be classified as a momentary lapse of judgement.” ./Decision_Dr_Olivieri_R.pdf- ./Decision_Dr_Olivieri_R.pdf-I have also placed considerable weight on the finding “that the panel was satisfied that it ./Decision_Dr_Olivieri_R.pdf-was more likely than not that Dr Olivieri had breached the policy, code of conduct and ./Decision_Dr_Olivieri_R.pdf:sent the messages for sexual gratification and accordingly his conduct was sexually ./Decision_Dr_Olivieri_R.pdf-motivated.” ./Decision_Dr_Olivieri_R.pdf- ./Decision_Dr_Olivieri_R.pdf-I have given considerable weight in my decision to the public perception of the profession ./Decision_Dr_Olivieri_R.pdf-“The panel heard evidence from [REDACTED] about the impact these messages had on ./Decision_Dr_Olivieri_R.pdf-the school community. A number of parents contacted the School by phone on the ./Decision_Dr_Olivieri_R.pdf-morning of 24 February 2020, concerned by what they had seen on social media. One ./Decision_Dr_Olivieri_R.pdf-parent said they would remove their child from the School if the teacher remained. Staff ./Decision_Dr_Olivieri_R.pdf-members also raised concerns about the impact this would have on the reputation of the ./Decision_Dr_Olivieri_R.pdf-School and their own, as staff members of that School.” ./Decision_Dr_Olivieri_R.pdf- ./Decision_Dr_Olivieri_R.pdf-I have carefully considered the seriousness of the misconduct found proven in this case ./Decision_Dr_Olivieri_R.pdf-and the weight the panel have given to mitigation. I have taken into account, Dr Olivieri’s ./Decision_Dr_Olivieri_R.pdf-[REDACTED], the insight and remorse shown and the steps he has taken to make sure it ./Decision_Dr_Olivieri_R.pdf-would not happen again. However, considering the Advice published by the Secretary of ./Decision_Dr_Olivieri_R.pdf-State, I have concluded that the panel have given disproportionate weight to the ./Decision_Dr_Olivieri_R.pdf-references provided and Dr Olivieri’s contribution to the profession. Due to the ./Decision_Dr_Olivieri_R.pdf-seriousness of the findings, which involved sending messages to a former pupil for ./Decision_Dr_Olivieri_R.pdf:sexual gratification, which itself was not an isolated incident, and took place over a ./Decision_Dr_Olivieri_R.pdf- ./Decision_Dr_Olivieri_R.pdf- ./Decision_Dr_Olivieri_R.pdf- 16 ./Decision_Dr_Olivieri_R.pdf- -- ./Decision_Dr_Olivieri_R.pdf-number of months, the panel could have given greater weight to the negative impact on ./Decision_Dr_Olivieri_R.pdf-the public’s perception of the profession. ./Decision_Dr_Olivieri_R.pdf- ./Decision_Dr_Olivieri_R.pdf-I have given less weight in my consideration of sanction therefore, to the contribution that ./Decision_Dr_Olivieri_R.pdf-Dr Olivieri has and is making to the profession. In my view, it is necessary to impose a ./Decision_Dr_Olivieri_R.pdf-prohibition order in order to maintain public confidence in the profession. A published ./Decision_Dr_Olivieri_R.pdf:decision, in light of the circumstances in this case, involving sexually motivated conduct ./Decision_Dr_Olivieri_R.pdf-with a former pupil, does not in my view satisfy the public interest requirement concerning ./Decision_Dr_Olivieri_R.pdf-public confidence in the profession. ./Decision_Dr_Olivieri_R.pdf- ./Decision_Dr_Olivieri_R.pdf-For these reasons I disagree with the panel’s recommendation, and I have concluded ./Decision_Dr_Olivieri_R.pdf-that a prohibition order is proportionate and in the public interest in order to achieve the ./Decision_Dr_Olivieri_R.pdf-intended aims of a prohibition order. ./Decision_Dr_Olivieri_R.pdf- ./Decision_Dr_Olivieri_R.pdf-I have decided that a two year review period is required to satisfy the maintenance of ./Decision_Dr_Olivieri_R.pdf-public confidence in the profession. ./Decision_Dr_Olivieri_R.pdf- ./Decision_for_Dr_Rosemin_Najmudin.pdf-In addition to the fact that the email was sent to pupils’ personal email addresses, the ./Decision_for_Dr_Rosemin_Najmudin.pdf-panel was satisfied that this conduct was inappropriate because it displayed a degree of ./Decision_for_Dr_Rosemin_Najmudin.pdf-informality that was concerning and not acceptable. The panel were concerned that, ./Decision_for_Dr_Rosemin_Najmudin.pdf:whilst there was no evidence or suggestion of sexual motivation on the part of Dr ./Decision_for_Dr_Rosemin_Najmudin.pdf:Najmudin, the use of sexualised language in the emails may teach the students that this ./Decision_for_Dr_Rosemin_Najmudin.pdf-was an appropriate way for a teacher to engage with a pupil and may therefore place ./Decision_for_Dr_Rosemin_Najmudin.pdf-them at a higher risk of exploitation in the future. ./Decision_for_Dr_Rosemin_Najmudin.pdf- ./Decision_for_Dr_Rosemin_Najmudin.pdf-On balance the panel therefore found the facts proven in relation to allegation 4(a). ./Decision_for_Dr_Rosemin_Najmudin.pdf- ./Decision_for_Dr_Rosemin_Najmudin.pdf-b. on 6 July 2018, stating to Student C and/or Student D "Do you guys want to ./Decision_for_Dr_Rosemin_Najmudin.pdf- come home as mum is with me, I fly to India 24th July'; ./Decision_for_Dr_Rosemin_Najmudin.pdf-The panel considered the evidence in the bundle and determined that Dr Najmudin sent ./Decision_for_Dr_Rosemin_Najmudin.pdf-an email to Student D (copied to Student C) on 6 July 2018 which contained the ./Decision_for_Dr_Rosemin_Najmudin.pdf-language set out in the allegation. -- ./Decision_for_Dr_Rosemin_Najmudin.pdf-The panel considered the evidence in the bundle and determined that Dr Najmudin sent ./Decision_for_Dr_Rosemin_Najmudin.pdf-an email to Student E on 13 July 2018 (not 12 July 2018) which contained the language ./Decision_for_Dr_Rosemin_Najmudin.pdf-set out in the allegation. ./Decision_for_Dr_Rosemin_Najmudin.pdf- ./Decision_for_Dr_Rosemin_Najmudin.pdf-In addition to the fact that the email was sent to a pupil’s personal email address, the ./Decision_for_Dr_Rosemin_Najmudin.pdf-panel was satisfied that this conduct was inappropriate because it undermined the ./Decision_for_Dr_Rosemin_Najmudin.pdf-student’s faith in the education system and other teachers at the Academy, including by ./Decision_for_Dr_Rosemin_Najmudin.pdf-encouraging parents to submit complaints to the Academy. The panel also considered ./Decision_for_Dr_Rosemin_Najmudin.pdf:that the use of an ‘x’ to denote a kiss was sexualised language which was entirely ./Decision_for_Dr_Rosemin_Najmudin.pdf-inappropriate. ./Decision_for_Dr_Rosemin_Najmudin.pdf- ./Decision_for_Dr_Rosemin_Najmudin.pdf-On balance the panel therefore found the facts proven in relation to allegation 4(d). ./Decision_for_Dr_Rosemin_Najmudin.pdf- ./Decision_for_Dr_Rosemin_Najmudin.pdf-e. on 13 July 2018, stating to Student F "Have they told you to come in, PLEASE ./Decision_for_Dr_Rosemin_Najmudin.pdf- ignore and go to work experience. I am furious they have done this and I am ./Decision_for_Dr_Rosemin_Najmudin.pdf- telling everyone NOT to come in as we have NEXT week. I swear this school is ./Decision_for_Dr_Rosemin_Najmudin.pdf- made of idiots!"; ./Decision_for_Dr_Rosemin_Najmudin.pdf-The panel considered the evidence in the bundle and determined that Dr Najmudin sent ./Decision_for_Dr_Rosemin_Najmudin.pdf-an email to Student F on 13 July 2018 which contained the language set out in the -- ./Decision_for_Dr_Rosemin_Najmudin.pdf-The panel considered the evidence in the bundle and determined that Dr Najmudin sent ./Decision_for_Dr_Rosemin_Najmudin.pdf-an email to Student H on 16 July 2018 which contained the language set out in the ./Decision_for_Dr_Rosemin_Najmudin.pdf-allegation. ./Decision_for_Dr_Rosemin_Najmudin.pdf- ./Decision_for_Dr_Rosemin_Najmudin.pdf-In addition to the fact that the email was sent to a pupil’s personal email address, the ./Decision_for_Dr_Rosemin_Najmudin.pdf-panel was satisfied that this conduct was inappropriate because of the inference that ./Decision_for_Dr_Rosemin_Najmudin.pdf:Student H was “cute”. The panel considered that this was inappropriate sexualised ./Decision_for_Dr_Rosemin_Najmudin.pdf-language. ./Decision_for_Dr_Rosemin_Najmudin.pdf- ./Decision_for_Dr_Rosemin_Najmudin.pdf-On balance the panel therefore found the facts proven in relation to allegation 4(g). ./Decision_for_Dr_Rosemin_Najmudin.pdf- ./Decision_for_Dr_Rosemin_Najmudin.pdf-h. on 15 July 2018, encouraging students to make a complaint via their parents; ./Decision_for_Dr_Rosemin_Najmudin.pdf-The panel considered the evidence in the bundle and determined that Dr Najmudin sent ./Decision_for_Dr_Rosemin_Najmudin.pdf-an email to more than one student on 15 July 2018 encouraging them to make a ./Decision_for_Dr_Rosemin_Najmudin.pdf-complaint about the Academy via their parents. ./Decision_for_Dr_Rosemin_Najmudin.pdf- ./Decision_for_Dr_Rosemin_Najmudin.pdf-In addition to the fact that the email was sent to pupils’ personal email addresses, the -- ./Decision_for_Dr_Rosemin_Najmudin.pdf- - Student E on 13 July 2018; ./Decision_for_Dr_Rosemin_Najmudin.pdf- - Student H on 16 July 2018; ./Decision_for_Dr_Rosemin_Najmudin.pdf- - Student I on 19 July 2018; ./Decision_for_Dr_Rosemin_Najmudin.pdf- - Student J on 19 July 2018; and ./Decision_for_Dr_Rosemin_Najmudin.pdf- - Student K on 19 July 2018. ./Decision_for_Dr_Rosemin_Najmudin.pdf-In addition to the fact that these emails were sent to pupils’ personal email addresses, ./Decision_for_Dr_Rosemin_Najmudin.pdf-the panel was satisfied that this conduct was inappropriate because it involved the use of ./Decision_for_Dr_Rosemin_Najmudin.pdf:sexualised language. The panel were concerned that, whilst there was no evidence or ./Decision_for_Dr_Rosemin_Najmudin.pdf:suggestion of sexual motivation on the part of Dr Najmudin, the use of sexualised ./Decision_for_Dr_Rosemin_Najmudin.pdf-language in the emails may teach the students that this was an appropriate way for a ./Decision_for_Dr_Rosemin_Najmudin.pdf-teacher to engage with a pupil and may therefore place them at a higher risk of ./Decision_for_Dr_Rosemin_Najmudin.pdf-exploitation in the future. ./Decision_for_Dr_Rosemin_Najmudin.pdf- ./Decision_for_Dr_Rosemin_Najmudin.pdf-On balance the panel therefore found the facts proven in relation to allegation 4(j). ./Decision_for_Dr_Rosemin_Najmudin.pdf- ./Decision_for_Dr_Rosemin_Najmudin.pdf-k. in July 2018, providing one or more students with your personal email address ./Decision_for_Dr_Rosemin_Najmudin.pdf- and/or mobile number. ./Decision_for_Dr_Rosemin_Najmudin.pdf-The panel considered the evidence in the bundle and determined that Dr Najmudin sent ./Decision_for_Dr_Rosemin_Najmudin.pdf-emails which contained her personal email address and mobile number to Student B and -- ./Decision_for_Dr_Rosemin_Najmudin.pdf-and, having done so, found a number of them to be relevant in this case, namely the ./Decision_for_Dr_Rosemin_Najmudin.pdf-safeguarding and wellbeing of pupils; the maintenance of public confidence in the ./Decision_for_Dr_Rosemin_Najmudin.pdf-profession and declaring and upholding proper standards of conduct. ./Decision_for_Dr_Rosemin_Najmudin.pdf- ./Decision_for_Dr_Rosemin_Najmudin.pdf-In light of the panel’s findings against Dr Najmudin, which included: ./Decision_for_Dr_Rosemin_Najmudin.pdf- ./Decision_for_Dr_Rosemin_Najmudin.pdf- • the unauthorised sending of pupils’ work both to other pupils and her own ./Decision_for_Dr_Rosemin_Najmudin.pdf- personal email account; ./Decision_for_Dr_Rosemin_Najmudin.pdf- • knowingly marking a student as present when they were in fact absent; ./Decision_for_Dr_Rosemin_Najmudin.pdf- • engaging in inappropriate email contact with students including the use of ./Decision_for_Dr_Rosemin_Najmudin.pdf: sexualised language (although the panel noted that there was no evidence of ./Decision_for_Dr_Rosemin_Najmudin.pdf: sexual motive) and undermining her colleagues to pupils using derogatory ./Decision_for_Dr_Rosemin_Najmudin.pdf- language; and ./Decision_for_Dr_Rosemin_Najmudin.pdf- ./Decision_for_Dr_Rosemin_Najmudin.pdf- ./Decision_for_Dr_Rosemin_Najmudin.pdf- ./Decision_for_Dr_Rosemin_Najmudin.pdf- 19 ./Decision_for_Dr_Rosemin_Najmudin.pdf- -- ./Decision_for_Dr_Rosemin_Najmudin.pdf- • her conviction for doing an act tending and intended to pervert the course of ./Decision_for_Dr_Rosemin_Najmudin.pdf- public justice, ./Decision_for_Dr_Rosemin_Najmudin.pdf-there was a strong public interest in prohibiting Dr Najmudin from the teaching ./Decision_for_Dr_Rosemin_Najmudin.pdf-profession. ./Decision_for_Dr_Rosemin_Najmudin.pdf- ./Decision_for_Dr_Rosemin_Najmudin.pdf-In particular, the panel decided that there was a strong public interest consideration in ./Decision_for_Dr_Rosemin_Najmudin.pdf-respect of the safeguarding and wellbeing of pupils, given the serious findings outlined ./Decision_for_Dr_Rosemin_Najmudin.pdf-above. The panel were particularly concerned that, whilst there was no evidence of ./Decision_for_Dr_Rosemin_Najmudin.pdf:sexual motivation, the use of sexualised language may teach the students that this was ./Decision_for_Dr_Rosemin_Najmudin.pdf-an appropriate way for a teacher to engage with a student and may therefore place them ./Decision_for_Dr_Rosemin_Najmudin.pdf-at a higher risk of exploitation in the future. ./Decision_for_Dr_Rosemin_Najmudin.pdf- ./Decision_for_Dr_Rosemin_Najmudin.pdf-The panel also took the view that knowingly marking a student present who was actually ./Decision_for_Dr_Rosemin_Najmudin.pdf-absent was a serious safeguarding issue, as it is conceivable that something could have ./Decision_for_Dr_Rosemin_Najmudin.pdf-happened to the student and it would not have been discovered until much later in the ./Decision_for_Dr_Rosemin_Najmudin.pdf-day because the student’s family assumed that the student was at school. ./Decision_for_Dr_Rosemin_Najmudin.pdf- ./Decision_for_Dr_Rosemin_Najmudin.pdf-Similarly, the panel considered that public confidence in the profession could be seriously ./Decision_for_Dr_Rosemin_Najmudin.pdf-weakened if conduct such as that found against Dr Najmudin were not treated with the ./Decision_for_Lauren_Melvin.pdf- you want to kiss me' and/or 'I love you' or words to that effect; ./Decision_for_Lauren_Melvin.pdf- ./Decision_for_Lauren_Melvin.pdf- k) invited one or more pupils into her bedroom while on a School trip; ./Decision_for_Lauren_Melvin.pdf- ./Decision_for_Lauren_Melvin.pdf- l) told Pupil A that she had a dream about Pupil A; ./Decision_for_Lauren_Melvin.pdf- ./Decision_for_Lauren_Melvin.pdf-2. On or around 14 November 2019, ./Decision_for_Lauren_Melvin.pdf- ./Decision_for_Lauren_Melvin.pdf- a) drove Pupil A to her home in her car; ./Decision_for_Lauren_Melvin.pdf- ./Decision_for_Lauren_Melvin.pdf: b) said to Pupil A 'this song is about a lesbian who has never had sex and who does ./Decision_for_Lauren_Melvin.pdf- it with someone more experienced' or words to that effect; ./Decision_for_Lauren_Melvin.pdf- ./Decision_for_Lauren_Melvin.pdf-3. On an unknown date on or around November 2019 when hugging Pupil A stated ./Decision_for_Lauren_Melvin.pdf- 'your boobs are getting in the way' or words to that effect; ./Decision_for_Lauren_Melvin.pdf- ./Decision_for_Lauren_Melvin.pdf- 4 ./Decision_for_Lauren_Melvin.pdf- -- ./Decision_for_Lauren_Melvin.pdf- ./Decision_for_Lauren_Melvin.pdf-8. On one or more occasions between on or around September 2019 and November ./Decision_for_Lauren_Melvin.pdf- 2019, had an inappropriate personal relationship with Pupil A and/or made ./Decision_for_Lauren_Melvin.pdf- inappropriate comments to Pupil A; ./Decision_for_Lauren_Melvin.pdf- ./Decision_for_Lauren_Melvin.pdf-9. By her conduct set out in in one or more of the allegations above, she failed to ./Decision_for_Lauren_Melvin.pdf- observe a proper boundary appropriate to a teacher’s professional position; ./Decision_for_Lauren_Melvin.pdf- ./Decision_for_Lauren_Melvin.pdf-10. Her conduct as set out in one or more of the allegations above was: ./Decision_for_Lauren_Melvin.pdf- ./Decision_for_Lauren_Melvin.pdf: a) sexual; ./Decision_for_Lauren_Melvin.pdf- ./Decision_for_Lauren_Melvin.pdf: b) sexually motivated. ./Decision_for_Lauren_Melvin.pdf- ./Decision_for_Lauren_Melvin.pdf-Miss Melvin admitted the facts of allegations 1 to 10 and that her behaviour amounted to ./Decision_for_Lauren_Melvin.pdf-unacceptable professional conduct and/or conduct that may bring the profession into ./Decision_for_Lauren_Melvin.pdf-disrepute, as set out in the response to the notice of referral dated 24 May 2021 and in ./Decision_for_Lauren_Melvin.pdf-the statement of agreed facts signed by Miss Melvin on 24 November 2021. ./Decision_for_Lauren_Melvin.pdf- ./Decision_for_Lauren_Melvin.pdf- ./Decision_for_Lauren_Melvin.pdf-Preliminary applications ./Decision_for_Lauren_Melvin.pdf-There were no preliminary applications. ./Decision_for_Lauren_Melvin.pdf- -- ./Decision_for_Lauren_Melvin.pdf- ./Decision_for_Lauren_Melvin.pdf-The panel noted the disciplinary investigation report submitted as part of the bundle ./Decision_for_Lauren_Melvin.pdf-together with the notification of allegation against a professional. ./Decision_for_Lauren_Melvin.pdf- ./Decision_for_Lauren_Melvin.pdf-The panel found allegations 1(a) to 1(l) proved. ./Decision_for_Lauren_Melvin.pdf- ./Decision_for_Lauren_Melvin.pdf-2. On or around 14 November 2019, ./Decision_for_Lauren_Melvin.pdf- ./Decision_for_Lauren_Melvin.pdf- a) drove Pupil A to her home in your car; ./Decision_for_Lauren_Melvin.pdf- ./Decision_for_Lauren_Melvin.pdf: b) said to Pupil A 'this song is about a lesbian who has never had sex and who ./Decision_for_Lauren_Melvin.pdf- does it with someone more experienced' or words to that effect; ./Decision_for_Lauren_Melvin.pdf- ./Decision_for_Lauren_Melvin.pdf-The panel noted that within the statement of agreed facts, which Miss Melvin signed on ./Decision_for_Lauren_Melvin.pdf-24 November 2021, Miss Melvin admitted the facts of allegation 2(a) and 2(b). ./Decision_for_Lauren_Melvin.pdf-Notwithstanding this, the panel made its own determination on the facts available to it. ./Decision_for_Lauren_Melvin.pdf- ./Decision_for_Lauren_Melvin.pdf-The panel noted the disciplinary investigation report submitted as part of the bundle ./Decision_for_Lauren_Melvin.pdf-together with the notification of allegation against a professional. ./Decision_for_Lauren_Melvin.pdf- ./Decision_for_Lauren_Melvin.pdf-The panel found allegations 2(a) and 2(b) proved. -- ./Decision_for_Lauren_Melvin.pdf-24 November 2021, Miss Melvin admitted the facts of allegation 9. Notwithstanding this, ./Decision_for_Lauren_Melvin.pdf-the panel made its own determination on the facts available to it. ./Decision_for_Lauren_Melvin.pdf- ./Decision_for_Lauren_Melvin.pdf-The panel noted the disciplinary investigation report submitted as part of the bundle ./Decision_for_Lauren_Melvin.pdf-together with the notification of allegation against a professional. ./Decision_for_Lauren_Melvin.pdf- ./Decision_for_Lauren_Melvin.pdf-The panel found allegation 9 proved. ./Decision_for_Lauren_Melvin.pdf- ./Decision_for_Lauren_Melvin.pdf-10. Your conduct as set out in one or more of the allegations above was: ./Decision_for_Lauren_Melvin.pdf- ./Decision_for_Lauren_Melvin.pdf: a) sexual ./Decision_for_Lauren_Melvin.pdf- ./Decision_for_Lauren_Melvin.pdf- 10 ./Decision_for_Lauren_Melvin.pdf- -- ./Decision_for_Lauren_Melvin.pdf-The panel noted that within the statement of agreed facts, which Miss Melvin signed on ./Decision_for_Lauren_Melvin.pdf-24 November 2021, Miss Melvin admitted the facts of allegation 10. Notwithstanding this, ./Decision_for_Lauren_Melvin.pdf-the panel made its own determination on the facts available to it. ./Decision_for_Lauren_Melvin.pdf- ./Decision_for_Lauren_Melvin.pdf-The panel noted the disciplinary investigation report submitted as part of the bundle ./Decision_for_Lauren_Melvin.pdf-together with the notification of allegation against a professional. ./Decision_for_Lauren_Melvin.pdf- ./Decision_for_Lauren_Melvin.pdf-Having found the facts of particulars 1(a)-1(l), 2(a), 2(b), 3, 4, 5(a), 5(b), 6, 7(a), 7(b), ./Decision_for_Lauren_Melvin.pdf-7(c), 8, 9 and 10 proved, the panel considered the inappropriate comments and actions ./Decision_for_Lauren_Melvin.pdf-towards Pupil A and Pupil B (which included touching) were because of their nature and ./Decision_for_Lauren_Melvin.pdf:the circumstances sexual. The panel considered the inappropriate comments and ./Decision_for_Lauren_Melvin.pdf:actions towards Pupil A and Pupil B were sexually motivated in that they demonstrated a ./Decision_for_Lauren_Melvin.pdf:pattern of behaviour which was consistent with Miss Melvin being in pursuit of a sexual ./Decision_for_Lauren_Melvin.pdf-relationship. ./Decision_for_Lauren_Melvin.pdf- ./Decision_for_Lauren_Melvin.pdf-The panel found allegation 10(a) and 10(b) proved. ./Decision_for_Lauren_Melvin.pdf- ./Decision_for_Lauren_Melvin.pdf-Findings as to unacceptable professional conduct and/or conduct that ./Decision_for_Lauren_Melvin.pdf-may bring the profession into disrepute ./Decision_for_Lauren_Melvin.pdf- ./Decision_for_Lauren_Melvin.pdf-Having found the allegations proved, the panel went on to consider whether the facts of ./Decision_for_Lauren_Melvin.pdf-those proved allegations amounted to unacceptable professional conduct and/or conduct ./Decision_for_Lauren_Melvin.pdf-that may bring the profession into disrepute. -- ./Decision_for_Lauren_Melvin.pdf- ./Decision_for_Lauren_Melvin.pdf- • Teachers must have an understanding of, and always act within, the statutory ./Decision_for_Lauren_Melvin.pdf- frameworks which set out their professional duties and responsibilities. ./Decision_for_Lauren_Melvin.pdf- ./Decision_for_Lauren_Melvin.pdf-The panel was satisfied that the conduct of Miss Melvin fell significantly short of the ./Decision_for_Lauren_Melvin.pdf-standards expected of the profession. ./Decision_for_Lauren_Melvin.pdf- ./Decision_for_Lauren_Melvin.pdf-The panel also considered whether Miss Melvin’s conduct displayed behaviours ./Decision_for_Lauren_Melvin.pdf-associated with any of the offences listed on pages 12 and 13 of the Advice. ./Decision_for_Lauren_Melvin.pdf- ./Decision_for_Lauren_Melvin.pdf:The panel found that the offences of sexual activity, sexual communications, controlling ./Decision_for_Lauren_Melvin.pdf-behaviour, and serious offences involving alcohol were relevant. The Advice indicates ./Decision_for_Lauren_Melvin.pdf-that where behaviours associated with such an offence exist, a panel is more likely to ./Decision_for_Lauren_Melvin.pdf-conclude that an individual’s conduct would amount to unacceptable professional ./Decision_for_Lauren_Melvin.pdf-conduct. ./Decision_for_Lauren_Melvin.pdf- ./Decision_for_Lauren_Melvin.pdf-The panel noted that allegations 2(a) and 2(b) took place outside the education setting in ./Decision_for_Lauren_Melvin.pdf-that Miss Melvin drove Pupil A home in her car. However, the panel considered that the ./Decision_for_Lauren_Melvin.pdf-nature of Miss Melvin’s misconduct still impacted upon her profession as a teacher. ./Decision_for_Lauren_Melvin.pdf- ./Decision_for_Lauren_Melvin.pdf-Accordingly, the panel was satisfied that Miss Melvin was guilty of unacceptable -- ./Decision_for_Lauren_Melvin.pdf- • misconduct seriously affecting the education and/or well-being of pupils, and ./Decision_for_Lauren_Melvin.pdf- particularly where there is a continuing risk; ./Decision_for_Lauren_Melvin.pdf- ./Decision_for_Lauren_Melvin.pdf- • abuse of position or trust (particularly involving pupils); ./Decision_for_Lauren_Melvin.pdf- ./Decision_for_Lauren_Melvin.pdf- • any abuse of any trust, knowledge or influence grained through their professional ./Decision_for_Lauren_Melvin.pdf: position in order to advance a romantic or sexual relationship with a pupil or former ./Decision_for_Lauren_Melvin.pdf- pupil; ./Decision_for_Lauren_Melvin.pdf- ./Decision_for_Lauren_Melvin.pdf: • sexual misconduct, for example, involving actions that were sexually motivated or ./Decision_for_Lauren_Melvin.pdf: of a sexual nature and/or that use or exploit the trust, knowledge or influence ./Decision_for_Lauren_Melvin.pdf- derived from the individual’s professional position; ./Decision_for_Lauren_Melvin.pdf- ./Decision_for_Lauren_Melvin.pdf- • failure in their duty of care towards a child, including exposing a child to risk or ./Decision_for_Lauren_Melvin.pdf- failing to promote the safety and welfare of the children (as set out in Part 1 of ./Decision_for_Lauren_Melvin.pdf- KCSIE); ./Decision_for_Lauren_Melvin.pdf- ./Decision_for_Lauren_Melvin.pdf- • sustained or serious bullying, or other deliberate behaviour that undermines pupils, ./Decision_for_Lauren_Melvin.pdf- the profession, the school or colleagues. ./Decision_for_Lauren_Melvin.pdf- ./Decision_for_Lauren_Melvin.pdf-Even though some of the behaviour found proved in this case indicated that a prohibition -- ./Decision_for_Lauren_Melvin.pdf-imposed with immediate effect. ./Decision_for_Lauren_Melvin.pdf- ./Decision_for_Lauren_Melvin.pdf-The panel went on to consider whether or not it would be appropriate to recommend that ./Decision_for_Lauren_Melvin.pdf-a review period of the order should be considered. The panel was mindful that the Advice ./Decision_for_Lauren_Melvin.pdf-states that a prohibition order applies for life, but there may be circumstances, in any ./Decision_for_Lauren_Melvin.pdf-given case, that may make it appropriate to allow a teacher to apply to have the ./Decision_for_Lauren_Melvin.pdf-prohibition order reviewed after a specified period of time that may not be less than two ./Decision_for_Lauren_Melvin.pdf-years. ./Decision_for_Lauren_Melvin.pdf- ./Decision_for_Lauren_Melvin.pdf-The Advice indicates that there are behaviours that, if proved, would militate against the ./Decision_for_Lauren_Melvin.pdf:recommendation of a review period. These behaviours include serious sexual ./Decision_for_Lauren_Melvin.pdf:misconduct, such as where the act was sexually motivated and resulted in, or had the ./Decision_for_Lauren_Melvin.pdf-potential to result in, harm to a person or persons, particularly where the individual has ./Decision_for_Lauren_Melvin.pdf:used her professional position to influence or exploit a person or persons, any sexual ./Decision_for_Lauren_Melvin.pdf-misconduct involving a child. ./Decision_for_Lauren_Melvin.pdf- ./Decision_for_Lauren_Melvin.pdf-The panel found that Miss Melvin was responsible for inappropriate comments and ./Decision_for_Lauren_Melvin.pdf:actions towards Pupil A and Pupil B which were sexual and/or sexually motivated. ./Decision_for_Lauren_Melvin.pdf-Further the panel found that Miss Melvin’s comments and actions towards Pupil A and ./Decision_for_Lauren_Melvin.pdf-Pupil B were reported [REDACTED]. ./Decision_for_Lauren_Melvin.pdf- ./Decision_for_Lauren_Melvin.pdf-The Advice also indicates that there are behaviours that, if proved, would have greater ./Decision_for_Lauren_Melvin.pdf-relevance and weigh in favour of a longer review period. ./Decision_for_Lauren_Melvin.pdf- ./Decision_for_Lauren_Melvin.pdf-The panel decided that the findings indicated a situation in which a review period would ./Decision_for_Lauren_Melvin.pdf-not be appropriate and, as such, decided that it would be proportionate in all the ./Decision_for_Lauren_Melvin.pdf-circumstances for the prohibition order to be recommended without provisions for a ./Decision_for_Lauren_Melvin.pdf-review period. -- ./Decision_for_Lauren_Melvin.pdf- ./Decision_for_Lauren_Melvin.pdf- • Teachers must have an understanding of, and always act within, the statutory ./Decision_for_Lauren_Melvin.pdf- frameworks which set out their professional duties and responsibilities. ./Decision_for_Lauren_Melvin.pdf- ./Decision_for_Lauren_Melvin.pdf-The panel was also, “satisfied that the conduct of Miss Melvin fell significantly short of the ./Decision_for_Lauren_Melvin.pdf-standards expected of the profession.” ./Decision_for_Lauren_Melvin.pdf- ./Decision_for_Lauren_Melvin.pdf-The panel also, “considered whether Miss Melvin’s conduct displayed behaviours ./Decision_for_Lauren_Melvin.pdf-associated with any of the offences listed on pages 12 and 13 of the Advice.” ./Decision_for_Lauren_Melvin.pdf- ./Decision_for_Lauren_Melvin.pdf:The panel, “found that the offences of sexual activity, sexual communications, controlling ./Decision_for_Lauren_Melvin.pdf-behaviour, and serious offences involving alcohol were relevant. The Advice indicates ./Decision_for_Lauren_Melvin.pdf-that where behaviours associated with such an offence exist, a panel is more likely to ./Decision_for_Lauren_Melvin.pdf-conclude that an individual’s conduct would amount to unacceptable professional ./Decision_for_Lauren_Melvin.pdf-conduct.” ./Decision_for_Lauren_Melvin.pdf- ./Decision_for_Lauren_Melvin.pdf- 19 ./Decision_for_Lauren_Melvin.pdf- -- ./Decision_for_Lauren_Melvin.pdf:The findings of misconduct are particularly serious as they include a finding of sexual ./Decision_for_Lauren_Melvin.pdf-activity. ./Decision_for_Lauren_Melvin.pdf- ./Decision_for_Lauren_Melvin.pdf-I have to determine whether the imposition of a prohibition order is proportionate and in ./Decision_for_Lauren_Melvin.pdf-the public interest. In considering that for this case, I have considered the overall aim of a ./Decision_for_Lauren_Melvin.pdf-prohibition order which is to protect pupils and to maintain public confidence in the ./Decision_for_Lauren_Melvin.pdf-profession. I have considered the extent to which a prohibition order in this case would ./Decision_for_Lauren_Melvin.pdf-achieve that aim taking into account the impact that it will have on the individual teacher. ./Decision_for_Lauren_Melvin.pdf-I have also asked myself, whether a less intrusive measure, such as the published ./Decision_for_Lauren_Melvin.pdf-finding of unacceptable professional conduct and conduct that may bring the profession ./Decision_for_Lauren_Melvin.pdf-into disrepute, would itself be sufficient to achieve the overall aim. I have to consider ./Decision_for_Lauren_Melvin.pdf-whether the consequences of such a publication are themselves sufficient. I have ./Decision_for_Lauren_Melvin.pdf-considered therefore whether or not prohibiting Miss Melvin, and the impact that will have ./Decision_for_Lauren_Melvin.pdf-on the teacher, is proportionate and in the public interest. ./Decision_for_Lauren_Melvin.pdf- ./Decision_for_Lauren_Melvin.pdf-In this case, I have considered the extent to which a prohibition order would protect ./Decision_for_Lauren_Melvin.pdf:children and safeguard pupils. The panel has observed, “that the offences of sexual ./Decision_for_Lauren_Melvin.pdf:activity, sexual communications, controlling behaviour, and serious offences involving ./Decision_for_Lauren_Melvin.pdf-alcohol were relevant.” A prohibition order would therefore prevent such a risk from ./Decision_for_Lauren_Melvin.pdf-being present in the future. ./Decision_for_Lauren_Melvin.pdf- ./Decision_for_Lauren_Melvin.pdf-I have also taken into account the panel’s comments on insight and remorse, which the ./Decision_for_Lauren_Melvin.pdf-panel sets out as follows, “Miss Melvin’s representative submitted on her behalf that Miss ./Decision_for_Lauren_Melvin.pdf-Melvin was genuinely remorseful for her actions, not only because of the impact on ./Decision_for_Lauren_Melvin.pdf-herself but also because of the potentially negative impact on students. Miss Melvin ./Decision_for_Lauren_Melvin.pdf-recognised that there was no justification for her conduct.” ./Decision_for_Lauren_Melvin.pdf- ./Decision_for_Lauren_Melvin.pdf-I have gone on to consider the extent to which a prohibition order would maintain public ./Decision_for_Lauren_Melvin.pdf-confidence in the profession. The panel observe, “The panel took into account the way ./Decision_for_Lauren_Melvin.pdf-the teaching profession is viewed by others and considered the influence that teachers ./Decision_for_Lauren_Melvin.pdf-may have on pupils, parents and others in the community. The panel also took account of ./Decision_for_Lauren_Melvin.pdf-the uniquely influential role that teachers can hold in pupils’ lives, and the fact that pupils ./Decision_for_Lauren_Melvin.pdf-must be able to view teachers as role models in the way they behave.” ./Decision_for_Lauren_Melvin.pdf- ./Decision_for_Lauren_Melvin.pdf:I am particularly mindful of the finding of sexual behaviour in this case and the impact ./Decision_for_Lauren_Melvin.pdf-that such a finding has on the reputation of the profession. ./Decision_for_Lauren_Melvin.pdf- ./Decision_for_Lauren_Melvin.pdf-I have had to consider that the public has a high expectation of professional standards of ./Decision_for_Lauren_Melvin.pdf-all teachers and that the public might regard a failure to impose a prohibition order as a ./Decision_for_Lauren_Melvin.pdf-failure to uphold those high standards. In weighing these considerations, I have had to ./Decision_for_Lauren_Melvin.pdf-consider the matter from the point of view of an “ordinary intelligent and well-informed ./Decision_for_Lauren_Melvin.pdf-citizen.” ./Decision_for_Lauren_Melvin.pdf- ./Decision_for_Lauren_Melvin.pdf- ./Decision_for_Lauren_Melvin.pdf- -- ./Decision_for_Lauren_Melvin.pdf-proportionate and appropriate response to recommend no prohibition order. ./Decision_for_Lauren_Melvin.pdf-Recommending that the publication of adverse findings was sufficient would ./Decision_for_Lauren_Melvin.pdf-unacceptably compromise the public interest considerations present in this case, despite ./Decision_for_Lauren_Melvin.pdf-the severity of the consequences for Miss Melvin of prohibition.” ./Decision_for_Lauren_Melvin.pdf- ./Decision_for_Lauren_Melvin.pdf-A prohibition order would prevent Miss Melvin from teaching and would also clearly ./Decision_for_Lauren_Melvin.pdf-deprive the public of her contribution to the profession for the period that it is in force. ./Decision_for_Lauren_Melvin.pdf- ./Decision_for_Lauren_Melvin.pdf-In this case, I have placed considerable weight on the panel’s comments concerning the ./Decision_for_Lauren_Melvin.pdf-behaviour, “The panel found that Miss Melvin was responsible for inappropriate ./Decision_for_Lauren_Melvin.pdf:comments and actions towards Pupil A and Pupil B which were sexual and/or sexually ./Decision_for_Lauren_Melvin.pdf-motivated. Further the panel found that Miss Melvin’s comments and actions towards ./Decision_for_Lauren_Melvin.pdf-Pupil A and Pupil B were reported [REDACTED].” ./Decision_for_Lauren_Melvin.pdf- ./Decision_for_Lauren_Melvin.pdf-I have given less weight in my consideration of sanction therefore, to the contribution that ./Decision_for_Lauren_Melvin.pdf-Miss Melvin has made to the profession. In my view, it is necessary to impose a ./Decision_for_Lauren_Melvin.pdf-prohibition order in order to maintain public confidence in the profession. The serious ./Decision_for_Lauren_Melvin.pdf-nature of the misconduct here and the clear terms of the Advice support my thinking and ./Decision_for_Lauren_Melvin.pdf-my judgement. ./Decision_for_Lauren_Melvin.pdf- ./Decision_for_Lauren_Melvin.pdf-For these reasons, I have concluded that a prohibition order is proportionate and in the ./Decision_for_Mr_Ben_Symons_18802_-_R.pdf-Allegations ./Decision_for_Mr_Ben_Symons_18802_-_R.pdf-The panel considered the allegations set out in the notice of meeting dated 17 February ./Decision_for_Mr_Ben_Symons_18802_-_R.pdf-2022. ./Decision_for_Mr_Ben_Symons_18802_-_R.pdf- ./Decision_for_Mr_Ben_Symons_18802_-_R.pdf-It was alleged that Mr Symons was guilty of unacceptable professional conduct and/or ./Decision_for_Mr_Ben_Symons_18802_-_R.pdf-conduct that may bring the profession into disrepute, in that whilst employed as a supply ./Decision_for_Mr_Ben_Symons_18802_-_R.pdf-teacher: ./Decision_for_Mr_Ben_Symons_18802_-_R.pdf- ./Decision_for_Mr_Ben_Symons_18802_-_R.pdf-1) On one or more occasions in or about 2018 or 2019 he possessed and/or viewed ./Decision_for_Mr_Ben_Symons_18802_-_R.pdf: inappropriate pornographic imagery which depicted: ./Decision_for_Mr_Ben_Symons_18802_-_R.pdf- ./Decision_for_Mr_Ben_Symons_18802_-_R.pdf- a) children under the age of 18; ./Decision_for_Mr_Ben_Symons_18802_-_R.pdf- ./Decision_for_Mr_Ben_Symons_18802_-_R.pdf- b) bestiality ./Decision_for_Mr_Ben_Symons_18802_-_R.pdf- ./Decision_for_Mr_Ben_Symons_18802_-_R.pdf:2) Such conduct as may be proved at 1(a) above is indicative of a sexual interest in ./Decision_for_Mr_Ben_Symons_18802_-_R.pdf- children. ./Decision_for_Mr_Ben_Symons_18802_-_R.pdf- ./Decision_for_Mr_Ben_Symons_18802_-_R.pdf:3) Such conduct as may be proved at 1) above was sexually motivated. ./Decision_for_Mr_Ben_Symons_18802_-_R.pdf- ./Decision_for_Mr_Ben_Symons_18802_-_R.pdf-Mr Symons admitted the facts of allegations 1 to 3 and that his behaviour amounted to ./Decision_for_Mr_Ben_Symons_18802_-_R.pdf-unacceptable professional conduct and/or conduct that may bring the profession into ./Decision_for_Mr_Ben_Symons_18802_-_R.pdf-disrepute, as set out in the Statement of Agreed Facts signed by Mr Symons on 30 ./Decision_for_Mr_Ben_Symons_18802_-_R.pdf-November 2021. ./Decision_for_Mr_Ben_Symons_18802_-_R.pdf- ./Decision_for_Mr_Ben_Symons_18802_-_R.pdf- ./Decision_for_Mr_Ben_Symons_18802_-_R.pdf-Preliminary applications ./Decision_for_Mr_Ben_Symons_18802_-_R.pdf-There were no preliminary applications. ./Decision_for_Mr_Ben_Symons_18802_-_R.pdf- -- ./Decision_for_Mr_Ben_Symons_18802_-_R.pdf-The matter was referred to the TRA by both the Agency and the police. ./Decision_for_Mr_Ben_Symons_18802_-_R.pdf- ./Decision_for_Mr_Ben_Symons_18802_-_R.pdf-Findings of fact ./Decision_for_Mr_Ben_Symons_18802_-_R.pdf- ./Decision_for_Mr_Ben_Symons_18802_-_R.pdf-The findings of fact are as follows: ./Decision_for_Mr_Ben_Symons_18802_-_R.pdf- ./Decision_for_Mr_Ben_Symons_18802_-_R.pdf-The panel found the following particulars of the allegations against you proved, for these ./Decision_for_Mr_Ben_Symons_18802_-_R.pdf-reasons: ./Decision_for_Mr_Ben_Symons_18802_-_R.pdf- ./Decision_for_Mr_Ben_Symons_18802_-_R.pdf-1) On one or more occasions in or about 2018 or 2019 you possessed and/or ./Decision_for_Mr_Ben_Symons_18802_-_R.pdf: viewed inappropriate pornographic imagery which depicted: ./Decision_for_Mr_Ben_Symons_18802_-_R.pdf- ./Decision_for_Mr_Ben_Symons_18802_-_R.pdf- a) children under the age of 18; ./Decision_for_Mr_Ben_Symons_18802_-_R.pdf- ./Decision_for_Mr_Ben_Symons_18802_-_R.pdf- b) bestiality ./Decision_for_Mr_Ben_Symons_18802_-_R.pdf- ./Decision_for_Mr_Ben_Symons_18802_-_R.pdf-The panel noted that in the statement of agreed facts, which Mr Symons signed on 30 ./Decision_for_Mr_Ben_Symons_18802_-_R.pdf-November 2021, Mr Symons admitted the facts of allegations 1(a) and 1(b). ./Decision_for_Mr_Ben_Symons_18802_-_R.pdf- ./Decision_for_Mr_Ben_Symons_18802_-_R.pdf:Mr Symons admitted that he possessed and viewed inappropriate pornographic images, ./Decision_for_Mr_Ben_Symons_18802_-_R.pdf-including those which depicted children under the age of 18 and bestiality. ./Decision_for_Mr_Ben_Symons_18802_-_R.pdf- ./Decision_for_Mr_Ben_Symons_18802_-_R.pdf:Mr Symons admitted that his interests in hentai and furry pornography developed into ./Decision_for_Mr_Ben_Symons_18802_-_R.pdf-him viewing hentai and other artwork of underage children. Mr Symons further admitted ./Decision_for_Mr_Ben_Symons_18802_-_R.pdf-that, while he did not view indecent photographs or pseudo-photographs of children, he ./Decision_for_Mr_Ben_Symons_18802_-_R.pdf-did view artwork which portrayed underage children engaged in sexual activity, including ./Decision_for_Mr_Ben_Symons_18802_-_R.pdf-oral sex, on one or more occasions. The images were therefore inappropriate and/or ./Decision_for_Mr_Ben_Symons_18802_-_R.pdf:pornographic in nature. ./Decision_for_Mr_Ben_Symons_18802_-_R.pdf- ./Decision_for_Mr_Ben_Symons_18802_-_R.pdf-The panel noted the contents of the CCTV footage of Mr Symons’ police interview, in ./Decision_for_Mr_Ben_Symons_18802_-_R.pdf-which he admitted allegations 1(a) and 1(b). ./Decision_for_Mr_Ben_Symons_18802_-_R.pdf- ./Decision_for_Mr_Ben_Symons_18802_-_R.pdf- ./Decision_for_Mr_Ben_Symons_18802_-_R.pdf- ./Decision_for_Mr_Ben_Symons_18802_-_R.pdf- ./Decision_for_Mr_Ben_Symons_18802_-_R.pdf- 6 ./Decision_for_Mr_Ben_Symons_18802_-_R.pdf- -- ./Decision_for_Mr_Ben_Symons_18802_-_R.pdf-The panel found both allegations 1(a) and 1(b) proved. ./Decision_for_Mr_Ben_Symons_18802_-_R.pdf- ./Decision_for_Mr_Ben_Symons_18802_-_R.pdf:2) Such conduct as may be proved at 1(a) above is indicative of a sexual interest ./Decision_for_Mr_Ben_Symons_18802_-_R.pdf- in children. ./Decision_for_Mr_Ben_Symons_18802_-_R.pdf- ./Decision_for_Mr_Ben_Symons_18802_-_R.pdf-The panel noted that in the statement of agreed facts, signed by Mr Symons on 30 ./Decision_for_Mr_Ben_Symons_18802_-_R.pdf-November 2021, Mr Symons admitted the facts of allegation 2. ./Decision_for_Mr_Ben_Symons_18802_-_R.pdf- ./Decision_for_Mr_Ben_Symons_18802_-_R.pdf-Mr Symons admitted that his conduct as admitted to at allegation 1(a) is indicative of a ./Decision_for_Mr_Ben_Symons_18802_-_R.pdf:sexual interest in children. Accordingly, Mr Symons admitted allegation 2 in its entirety. ./Decision_for_Mr_Ben_Symons_18802_-_R.pdf- ./Decision_for_Mr_Ben_Symons_18802_-_R.pdf-The panel noted the contents of the CCTV footage of Mr Symons’ police interview, in ./Decision_for_Mr_Ben_Symons_18802_-_R.pdf-which he admitted allegation 2. ./Decision_for_Mr_Ben_Symons_18802_-_R.pdf- ./Decision_for_Mr_Ben_Symons_18802_-_R.pdf-The panel found allegation 2 proved. ./Decision_for_Mr_Ben_Symons_18802_-_R.pdf- ./Decision_for_Mr_Ben_Symons_18802_-_R.pdf:3) Such conduct as may be proved at 1) above was sexually motivated. ./Decision_for_Mr_Ben_Symons_18802_-_R.pdf- ./Decision_for_Mr_Ben_Symons_18802_-_R.pdf-The panel noted that in the statement of agreed facts signed by Mr Symons on 30 ./Decision_for_Mr_Ben_Symons_18802_-_R.pdf-November 2021, Mr Symons admitted the facts of allegation 3. ./Decision_for_Mr_Ben_Symons_18802_-_R.pdf- ./Decision_for_Mr_Ben_Symons_18802_-_R.pdf:Mr Symons admitted that the conduct at allegation 1 was sexually motivated. Mr Symons ./Decision_for_Mr_Ben_Symons_18802_-_R.pdf:admitted that he engaged in sexual acts whilst viewing such material detailed in ./Decision_for_Mr_Ben_Symons_18802_-_R.pdf:allegation 1, thus using it for his own sexual gratification. Accordingly, Mr Symons ./Decision_for_Mr_Ben_Symons_18802_-_R.pdf-admitted allegation 3 in its entirety. ./Decision_for_Mr_Ben_Symons_18802_-_R.pdf- ./Decision_for_Mr_Ben_Symons_18802_-_R.pdf-The panel further noted the contents of the CCTV footage of Mr Symons’ police ./Decision_for_Mr_Ben_Symons_18802_-_R.pdf-interview, in which he admitted allegation 3. ./Decision_for_Mr_Ben_Symons_18802_-_R.pdf- ./Decision_for_Mr_Ben_Symons_18802_-_R.pdf-Having considered all the evidence before them, the panel determined that it could not be ./Decision_for_Mr_Ben_Symons_18802_-_R.pdf:concluded anything other than Mr Symons’ conduct was sexually motivated. The panel ./Decision_for_Mr_Ben_Symons_18802_-_R.pdf-therefore found allegation 3 proved. ./Decision_for_Mr_Ben_Symons_18802_-_R.pdf- ./Decision_for_Mr_Ben_Symons_18802_-_R.pdf-In summary the panel found allegations 1(a), 1(b), 2 and 3 proved. ./Decision_for_Mr_Ben_Symons_18802_-_R.pdf- ./Decision_for_Mr_Ben_Symons_18802_-_R.pdf-Findings as to unacceptable professional conduct and/or conduct that ./Decision_for_Mr_Ben_Symons_18802_-_R.pdf-may bring the profession into disrepute ./Decision_for_Mr_Ben_Symons_18802_-_R.pdf- ./Decision_for_Mr_Ben_Symons_18802_-_R.pdf-Having found a number of the allegations proved, the panel went on to consider whether ./Decision_for_Mr_Ben_Symons_18802_-_R.pdf-the facts of those proved allegations amounted to unacceptable professional conduct ./Decision_for_Mr_Ben_Symons_18802_-_R.pdf-and/or conduct that may bring the profession into disrepute. -- ./Decision_for_Mr_Ben_Symons_18802_-_R.pdf-standards expected of the profession. ./Decision_for_Mr_Ben_Symons_18802_-_R.pdf- ./Decision_for_Mr_Ben_Symons_18802_-_R.pdf-The panel also considered whether Mr Symons’ conduct displayed behaviours ./Decision_for_Mr_Ben_Symons_18802_-_R.pdf-associated with any of the offences listed on pages 12 and 13 of the Advice. The panel ./Decision_for_Mr_Ben_Symons_18802_-_R.pdf-considered those applicable to be sexual activity and any activity involving viewing, ./Decision_for_Mr_Ben_Symons_18802_-_R.pdf-taking, making, possessing, distributing or publishing any indecent photograph or image ./Decision_for_Mr_Ben_Symons_18802_-_R.pdf-or indecent pseudo photograph or image of a child, or permitting any such activity, ./Decision_for_Mr_Ben_Symons_18802_-_R.pdf-including one-off incidents was relevant. The panel however noted in relation to images, ./Decision_for_Mr_Ben_Symons_18802_-_R.pdf-that Mr Symons’ conduct solely involved viewing and possessing. The panel further ./Decision_for_Mr_Ben_Symons_18802_-_R.pdf-noted that the images possessed and/or viewed by Mr Symons were depictions of ./Decision_for_Mr_Ben_Symons_18802_-_R.pdf:pornographic images rather than images of actual children. ./Decision_for_Mr_Ben_Symons_18802_-_R.pdf- ./Decision_for_Mr_Ben_Symons_18802_-_R.pdf-The Advice indicates that where behaviours associated with such conduct exists, a panel ./Decision_for_Mr_Ben_Symons_18802_-_R.pdf-is more likely to conclude that an individual’s actions would amount to unacceptable ./Decision_for_Mr_Ben_Symons_18802_-_R.pdf-professional conduct. ./Decision_for_Mr_Ben_Symons_18802_-_R.pdf- ./Decision_for_Mr_Ben_Symons_18802_-_R.pdf-The panel noted that the allegations took place outside the education setting. Mr Symons ./Decision_for_Mr_Ben_Symons_18802_-_R.pdf:viewed pornographic images from a website whilst at home and outside of working hours. ./Decision_for_Mr_Ben_Symons_18802_-_R.pdf-However, the panel considered that Mr Symons’ misconduct was serious and his actions ./Decision_for_Mr_Ben_Symons_18802_-_R.pdf-would have a negative impact on his status as a teacher and, further, as also set out ./Decision_for_Mr_Ben_Symons_18802_-_R.pdf-below, would be likely to damage the public perception of teachers. ./Decision_for_Mr_Ben_Symons_18802_-_R.pdf- ./Decision_for_Mr_Ben_Symons_18802_-_R.pdf-Accordingly, the panel was satisfied that Mr Symons was guilty of unacceptable ./Decision_for_Mr_Ben_Symons_18802_-_R.pdf-professional conduct. ./Decision_for_Mr_Ben_Symons_18802_-_R.pdf- ./Decision_for_Mr_Ben_Symons_18802_-_R.pdf-The panel took into account the way the teaching profession is viewed by others and ./Decision_for_Mr_Ben_Symons_18802_-_R.pdf-considered the influence that teachers may have on pupils, parents and others in the ./Decision_for_Mr_Ben_Symons_18802_-_R.pdf-community. The panel also took account of the uniquely influential role that teachers can -- ./Decision_for_Mr_Ben_Symons_18802_-_R.pdf- ./Decision_for_Mr_Ben_Symons_18802_-_R.pdf-In carrying out the balancing exercise, the panel had regard to the public interest ./Decision_for_Mr_Ben_Symons_18802_-_R.pdf-considerations both in favour of, and against, prohibition as well as the interests of Mr ./Decision_for_Mr_Ben_Symons_18802_-_R.pdf-Symons. The panel took further account of the Advice, which suggests that a prohibition ./Decision_for_Mr_Ben_Symons_18802_-_R.pdf-order may be appropriate if certain behaviours of a teacher have been proved. In the list ./Decision_for_Mr_Ben_Symons_18802_-_R.pdf-of such behaviours, those that are relevant in this case are: ./Decision_for_Mr_Ben_Symons_18802_-_R.pdf- ./Decision_for_Mr_Ben_Symons_18802_-_R.pdf- • serious departure from the personal and professional conduct elements of the ./Decision_for_Mr_Ben_Symons_18802_-_R.pdf- Teachers’ Standards; ./Decision_for_Mr_Ben_Symons_18802_-_R.pdf- ./Decision_for_Mr_Ben_Symons_18802_-_R.pdf: • sexual misconduct, for example, involving actions that were sexually motivated or ./Decision_for_Mr_Ben_Symons_18802_-_R.pdf: of a sexual nature and/or that use or exploit the trust, knowledge or influence ./Decision_for_Mr_Ben_Symons_18802_-_R.pdf- derived from the individual’s professional position; ./Decision_for_Mr_Ben_Symons_18802_-_R.pdf- ./Decision_for_Mr_Ben_Symons_18802_-_R.pdf- • any activity involving viewing, taking, making, possessing, distributing or ./Decision_for_Mr_Ben_Symons_18802_-_R.pdf- publishing any indecent photograph or image or indecent pseudo photograph or ./Decision_for_Mr_Ben_Symons_18802_-_R.pdf- image of a child, or permitting such activity, including one-off incidents; ./Decision_for_Mr_Ben_Symons_18802_-_R.pdf- ./Decision_for_Mr_Ben_Symons_18802_-_R.pdf- • sustained deliberate behaviour that undermines pupils, the profession, the school ./Decision_for_Mr_Ben_Symons_18802_-_R.pdf- or colleagues; ./Decision_for_Mr_Ben_Symons_18802_-_R.pdf- ./Decision_for_Mr_Ben_Symons_18802_-_R.pdf-Even though some of the behaviour found proved in this case indicated that a prohibition -- ./Decision_for_Mr_Ben_Symons_18802_-_R.pdf-states that a prohibition order applies for life, but there may be circumstances, in any ./Decision_for_Mr_Ben_Symons_18802_-_R.pdf-given case, that may make it appropriate to allow a teacher to apply to have the ./Decision_for_Mr_Ben_Symons_18802_-_R.pdf-prohibition order reviewed after a specified period of time that may not be less than two ./Decision_for_Mr_Ben_Symons_18802_-_R.pdf-years. ./Decision_for_Mr_Ben_Symons_18802_-_R.pdf- ./Decision_for_Mr_Ben_Symons_18802_-_R.pdf-The Advice indicates that there are behaviours that, if proved, would militate against the ./Decision_for_Mr_Ben_Symons_18802_-_R.pdf-recommendation of a review period. These behaviours include any sexual misconduct ./Decision_for_Mr_Ben_Symons_18802_-_R.pdf-involving a child; and any activity involving viewing, taking, making, possessing, ./Decision_for_Mr_Ben_Symons_18802_-_R.pdf-distributing or publishing any indecent photograph or image or indecent pseudo ./Decision_for_Mr_Ben_Symons_18802_-_R.pdf-photograph or image of a child. The panel found that Mr Symons was responsible for ./Decision_for_Mr_Ben_Symons_18802_-_R.pdf:possessing and viewing pornographic imagery depicting children under the age of 18. ./Decision_for_Mr_Ben_Symons_18802_-_R.pdf- ./Decision_for_Mr_Ben_Symons_18802_-_R.pdf- 11 ./Decision_for_Mr_Ben_Symons_18802_-_R.pdf- -- ./Decision_for_Mr_Ben_Symons_18802_-_R.pdf-The Advice also indicates that there are behaviours that, if proved, would have greater ./Decision_for_Mr_Ben_Symons_18802_-_R.pdf-relevance and weigh in favour of a longer review period. The panel found that Mr ./Decision_for_Mr_Ben_Symons_18802_-_R.pdf-Symons was not responsible for any such behaviours. ./Decision_for_Mr_Ben_Symons_18802_-_R.pdf- ./Decision_for_Mr_Ben_Symons_18802_-_R.pdf:The panel found that although the misconduct involved sexual motivation, looking at the ./Decision_for_Mr_Ben_Symons_18802_-_R.pdf-evidence as a whole and assessing the case on its own merits, the level of seriousness ./Decision_for_Mr_Ben_Symons_18802_-_R.pdf-was towards the lower end of the spectrum. In reaching this conclusion the panel ./Decision_for_Mr_Ben_Symons_18802_-_R.pdf-specifically noted: ./Decision_for_Mr_Ben_Symons_18802_-_R.pdf- ./Decision_for_Mr_Ben_Symons_18802_-_R.pdf- • that no harm was caused to anyone, in particular children; ./Decision_for_Mr_Ben_Symons_18802_-_R.pdf- ./Decision_for_Mr_Ben_Symons_18802_-_R.pdf- • the risk that Mr Symons posed to children in the panel’s view was minimal; ./Decision_for_Mr_Ben_Symons_18802_-_R.pdf- ./Decision_for_Mr_Ben_Symons_18802_-_R.pdf- • the images were representations and depictions rather than actual images of ./Decision_for_Mr_Ben_Symons_18802_-_R.pdf- children; -- ./Decision_for_Mr_Ben_Symons_18802_-_R.pdf-I have gone on to consider the extent to which a prohibition order would maintain public ./Decision_for_Mr_Ben_Symons_18802_-_R.pdf-confidence in the profession. The panel observe, “The panel had regard to the particular ./Decision_for_Mr_Ben_Symons_18802_-_R.pdf-public interest considerations set out in the Advice and, having done so, found a number ./Decision_for_Mr_Ben_Symons_18802_-_R.pdf-of them to be relevant in this case, namely: the safeguarding and wellbeing of pupils and ./Decision_for_Mr_Ben_Symons_18802_-_R.pdf-the protection of other members of the public; the maintenance of public confidence in ./Decision_for_Mr_Ben_Symons_18802_-_R.pdf-the profession; declaring and upholding proper standards of conduct; and that prohibition ./Decision_for_Mr_Ben_Symons_18802_-_R.pdf-strikes the right balance between the rights of the teacher and the public interest.” I am ./Decision_for_Mr_Ben_Symons_18802_-_R.pdf:particularly mindful of the finding of possession and/or viewing pornographic imagery ./Decision_for_Mr_Ben_Symons_18802_-_R.pdf-depicting children and bestiality in this case and the impact that such a finding has on the ./Decision_for_Mr_Ben_Symons_18802_-_R.pdf-reputation of the profession. ./Decision_for_Mr_Ben_Symons_18802_-_R.pdf- ./Decision_for_Mr_Ben_Symons_18802_-_R.pdf-I have had to consider that the public has a high expectation of professional standards of ./Decision_for_Mr_Ben_Symons_18802_-_R.pdf-all teachers and that the public might regard a failure to impose a prohibition order as a ./Decision_for_Mr_Ben_Symons_18802_-_R.pdf-failure to uphold those high standards. In weighing these considerations, I have had to ./Decision_for_Mr_Ben_Symons_18802_-_R.pdf-consider the matter from the point of view of an “ordinary intelligent and well-informed ./Decision_for_Mr_Ben_Symons_18802_-_R.pdf-citizen.” ./Decision_for_Mr_Ben_Symons_18802_-_R.pdf- ./Decision_for_Mr_Ben_Symons_18802_-_R.pdf-I have considered whether the publication of a finding of unacceptable professional -- ./Decision_for_Mr_Ben_Symons_18802_-_R.pdf-public interest. The panel has said, “The panel decided that the public interest ./Decision_for_Mr_Ben_Symons_18802_-_R.pdf-considerations outweighed the interests of Mr Symons. The sexual motivation element of ./Decision_for_Mr_Ben_Symons_18802_-_R.pdf-the misconduct was a significant factor in forming that opinion.” ./Decision_for_Mr_Ben_Symons_18802_-_R.pdf- ./Decision_for_Mr_Ben_Symons_18802_-_R.pdf-I have also placed considerable weight on the finding of the panel that “The Advice ./Decision_for_Mr_Ben_Symons_18802_-_R.pdf-indicates that there are behaviours that, if proved, would militate against the ./Decision_for_Mr_Ben_Symons_18802_-_R.pdf-recommendation of a review period. These behaviours include any sexual misconduct ./Decision_for_Mr_Ben_Symons_18802_-_R.pdf-involving a child; and any activity involving viewing, taking, making, possessing, ./Decision_for_Mr_Ben_Symons_18802_-_R.pdf-distributing or publishing any indecent photograph or image or indecent pseudo ./Decision_for_Mr_Ben_Symons_18802_-_R.pdf-photograph or image of a child. The panel found that Mr Symons was responsible for ./Decision_for_Mr_Ben_Symons_18802_-_R.pdf:possessing and viewing pornographic imagery depicting children under the age of 18. ./Decision_for_Mr_Ben_Symons_18802_-_R.pdf- ./Decision_for_Mr_Ben_Symons_18802_-_R.pdf- ./Decision_for_Mr_Ben_Symons_18802_-_R.pdf- ./Decision_for_Mr_Ben_Symons_18802_-_R.pdf- ./Decision_for_Mr_Ben_Symons_18802_-_R.pdf- 14 ./Decision_for_Mr_Ben_Symons_18802_-_R.pdf- -- ./Decision_for_Mr_Ben_Symons_18802_-_R.pdf-I have gone on to consider the matter of a review period. In this case, the panel has ./Decision_for_Mr_Ben_Symons_18802_-_R.pdf-recommended a two year review period. ./Decision_for_Mr_Ben_Symons_18802_-_R.pdf- ./Decision_for_Mr_Ben_Symons_18802_-_R.pdf-I have considered the panel’s comments “The panel found that although the misconduct ./Decision_for_Mr_Ben_Symons_18802_-_R.pdf-involved sexual motivation, looking at the evidence as a whole and assessing the case ./Decision_for_Mr_Ben_Symons_18802_-_R.pdf-on its own merits, the level of seriousness was towards the lower end of the spectrum.” ./Decision_for_Mr_Ben_Symons_18802_-_R.pdf-The panel has also said that “it would be proportionate in all the circumstances for the ./Decision_for_Mr_Ben_Symons_18802_-_R.pdf-prohibition order to be recommended with provisions for a two year review period”. ./Decision_for_Mr_Ben_Symons_18802_-_R.pdf- ./Decision_for_Mr_Ben_Symons_18802_-_R.pdf-I recognise the serious nature of this case and that Mr Symons admitted he possessed ./Decision_for_Mr_Ben_Symons_18802_-_R.pdf:and viewed inappropriate pornographic images, including those which depicted children ./Decision_for_Mr_Ben_Symons_18802_-_R.pdf-under the age of 18 and bestiality, and I have carefully considered the significant impact ./Decision_for_Mr_Ben_Symons_18802_-_R.pdf-that could have on maintaining public trust in the profession. In balancing my decision, I ./Decision_for_Mr_Ben_Symons_18802_-_R.pdf-have also recognised Mr Symons accepted the inappropriateness of his conduct and had ./Decision_for_Mr_Ben_Symons_18802_-_R.pdf-sought immediate professional help following his police interview. In my view the panel ./Decision_for_Mr_Ben_Symons_18802_-_R.pdf-have given disproportionate weight to the level of seriousness of the findings, which they ./Decision_for_Mr_Ben_Symons_18802_-_R.pdf-said “was towards the lower end of the spectrum” and “the images were representations ./Decision_for_Mr_Ben_Symons_18802_-_R.pdf-and depictions rather than actual images of children” along with their consideration of the ./Decision_for_Mr_Ben_Symons_18802_-_R.pdf-impact on the profession and the risk to children. Due to the nature of the allegations ./Decision_for_Mr_Ben_Symons_18802_-_R.pdf-found proven and the damaging effect on the profession, I do not support the panel’s ./Decision_for_Mr_Ben_Symons_18802_-_R.pdf-recommendation regarding review period. ./Decision_for_Mr_Ian_Bensley.pdf-In respect of the allegations, Mr Bensley was sentenced at Derby Crown Court on 25 ./Decision_for_Mr_Ian_Bensley.pdf:November 2019 to 12 months’ imprisonment. Further, Mr Bensley was placed on the sex ./Decision_for_Mr_Ian_Bensley.pdf:offenders register for 10 years and was subjected to a sexual harm prevention order for a ./Decision_for_Mr_Ian_Bensley.pdf-period of 10 years. ./Decision_for_Mr_Ian_Bensley.pdf- ./Decision_for_Mr_Ian_Bensley.pdf-On examination of the documents before the panel, the panel was satisfied that the facts ./Decision_for_Mr_Ian_Bensley.pdf-of allegations 1, 2, 3, 4, 5, 6, 7, 8 and 9 were proven. ./Decision_for_Mr_Ian_Bensley.pdf- ./Decision_for_Mr_Ian_Bensley.pdf-Findings as to conviction of a relevant offence ./Decision_for_Mr_Ian_Bensley.pdf- ./Decision_for_Mr_Ian_Bensley.pdf-Having found the allegations proved, the panel went on to consider whether the facts of ./Decision_for_Mr_Ian_Bensley.pdf-those proved allegations amounted to conviction of a relevant offence. ./Decision_for_Mr_Ian_Bensley.pdf- -- ./Decision_for_Mr_Ian_Bensley.pdf- ./Decision_for_Mr_Ian_Bensley.pdf-The panel went on to consider whether or not it would be appropriate to recommend that ./Decision_for_Mr_Ian_Bensley.pdf-a review period of the order should be considered. The panel was mindful that the Advice ./Decision_for_Mr_Ian_Bensley.pdf-states that a prohibition order applies for life, but there may be circumstances, in any ./Decision_for_Mr_Ian_Bensley.pdf-given case, that may make it appropriate to allow a teacher to apply to have the ./Decision_for_Mr_Ian_Bensley.pdf-prohibition order reviewed after a specified period of time that may not be less than 2 ./Decision_for_Mr_Ian_Bensley.pdf-years. ./Decision_for_Mr_Ian_Bensley.pdf- ./Decision_for_Mr_Ian_Bensley.pdf-The Advice indicates that there are behaviours that, if proved, would militate against the ./Decision_for_Mr_Ian_Bensley.pdf-recommendation of a review period. Two of these behaviours are, firstly, acts which were ./Decision_for_Mr_Ian_Bensley.pdf:sexually motivated and, secondly, any activity involving viewing, taking, making, ./Decision_for_Mr_Ian_Bensley.pdf-possessing, distributing or publishing any indecent photograph or image or indecent ./Decision_for_Mr_Ian_Bensley.pdf-pseudo photograph or image of a child. The panel found that Mr Bensley was responsible ./Decision_for_Mr_Ian_Bensley.pdf-for a conviction of 6 counts of making an indecent photograph/pseudo photographs of a ./Decision_for_Mr_Ian_Bensley.pdf- ./Decision_for_Mr_Ian_Bensley.pdf- ./Decision_for_Mr_Ian_Bensley.pdf- ./Decision_for_Mr_Ian_Bensley.pdf- 11 ./Decision_for_Mr_Ian_Bensley.pdf- -- ./Decision_for_Mr_Ian_Bensley.pdf-I have gone on to consider the matter of a review period. In this case, the panel has ./Decision_for_Mr_Ian_Bensley.pdf-recommended that no provision should be made for a review period. ./Decision_for_Mr_Ian_Bensley.pdf- ./Decision_for_Mr_Ian_Bensley.pdf-I have considered the panel’s comments “The Advice indicates that there are behaviours ./Decision_for_Mr_Ian_Bensley.pdf-that, if proved, would militate against the recommendation of a review period. Two of ./Decision_for_Mr_Ian_Bensley.pdf:these behaviours are, firstly, acts which were sexually motivated and, secondly, any ./Decision_for_Mr_Ian_Bensley.pdf-activity involving viewing, taking, making, possessing, distributing or publishing any ./Decision_for_Mr_Ian_Bensley.pdf-indecent photograph or image or indecent pseudo photograph or image of a child. The ./Decision_for_Mr_Ian_Bensley.pdf-panel found that Mr Bensley was responsible for a conviction of 6 counts of making an ./Decision_for_Mr_Ian_Bensley.pdf-indecent photograph/pseudo photographs of a child and 3 counts of committing an act ./Decision_for_Mr_Ian_Bensley.pdf-outraging public decency by behaving in an indecent manner.” ./Decision_for_Mr_Ian_Bensley.pdf- ./Decision_for_Mr_Ian_Bensley.pdf-In this case, factors mean that allowing a review period is not sufficient to achieve the ./Decision_for_Mr_Ian_Bensley.pdf-aim of maintaining public confidence in the profession. These elements are the ./Decision_for_Mr_Ian_Bensley.pdf-seriousness of the findings, the lack of either insight or remorse. ./Decision_for_Mr_Ian_Bensley.pdf- ./Decision_for_Mr_Liam_Shakles_R.pdf-Allegations ./Decision_for_Mr_Liam_Shakles_R.pdf-The panel considered the allegations set out in the notice of meeting dated 14 June ./Decision_for_Mr_Liam_Shakles_R.pdf-2022. ./Decision_for_Mr_Liam_Shakles_R.pdf- ./Decision_for_Mr_Liam_Shakles_R.pdf-It was alleged that Mr Shakles was guilty of having been convicted of a relevant offence, ./Decision_for_Mr_Liam_Shakles_R.pdf-in that he was convicted of: ./Decision_for_Mr_Liam_Shakles_R.pdf- ./Decision_for_Mr_Liam_Shakles_R.pdf:1. Attempting/engaging in sexual communication with a child between 4 July 2019 and ./Decision_for_Mr_Liam_Shakles_R.pdf- 8 July 2019, contrary to the Sexual Offences Act 2003 s.15A(1). ./Decision_for_Mr_Liam_Shakles_R.pdf- ./Decision_for_Mr_Liam_Shakles_R.pdf-2. Making an indecent photograph or pseudo-photograph of children between 23 ./Decision_for_Mr_Liam_Shakles_R.pdf- February 2015 and 17 September 2019, contrary to the Protection of Children Act ./Decision_for_Mr_Liam_Shakles_R.pdf- 1978 s.1(a). ./Decision_for_Mr_Liam_Shakles_R.pdf- ./Decision_for_Mr_Liam_Shakles_R.pdf-3. Making an indecent photograph or pseudo-photograph of children between 23 ./Decision_for_Mr_Liam_Shakles_R.pdf- February 2015 and 17 September 2019, contrary to the Protection of Children Act ./Decision_for_Mr_Liam_Shakles_R.pdf- 1978 s.1(a). ./Decision_for_Mr_Liam_Shakles_R.pdf- -- ./Decision_for_Mr_Liam_Shakles_R.pdf- ./Decision_for_Mr_Liam_Shakles_R.pdf-7. Making an indecent photograph or pseudo-photograph of children between 23 ./Decision_for_Mr_Liam_Shakles_R.pdf- February 2015 and 17 September 2019, contrary to the Protection of Children Act ./Decision_for_Mr_Liam_Shakles_R.pdf- 1978 s.1(a). ./Decision_for_Mr_Liam_Shakles_R.pdf- ./Decision_for_Mr_Liam_Shakles_R.pdf-Mr Shakles admitted the facts of allegations 1 to 7 and that his behaviour amounted to a ./Decision_for_Mr_Liam_Shakles_R.pdf-conviction of a relevant offence, as set out in the response to the notice of proceedings ./Decision_for_Mr_Liam_Shakles_R.pdf-dated 11 March 2022 and in the statement of agreed facts signed by Mr Shakles on 18 ./Decision_for_Mr_Liam_Shakles_R.pdf-January 2022. The panel noted however that in respect of allegation 1, Mr Shakles ./Decision_for_Mr_Liam_Shakles_R.pdf-admitted in the statement of agreed facts that he was convicted of attempting to engage ./Decision_for_Mr_Liam_Shakles_R.pdf:in sexual communications with a child between 4 July 2019 and 8 July 2019 contrary to ./Decision_for_Mr_Liam_Shakles_R.pdf-the Criminal Attempts Act 1981 s1(1), rather that contrary to the Sexual Offences Act ./Decision_for_Mr_Liam_Shakles_R.pdf-15A(1). This is also reflected in the Certificate of Conviction. ./Decision_for_Mr_Liam_Shakles_R.pdf- ./Decision_for_Mr_Liam_Shakles_R.pdf- ./Decision_for_Mr_Liam_Shakles_R.pdf- ./Decision_for_Mr_Liam_Shakles_R.pdf- ./Decision_for_Mr_Liam_Shakles_R.pdf- 4 ./Decision_for_Mr_Liam_Shakles_R.pdf- -- ./Decision_for_Mr_Liam_Shakles_R.pdf-In advance of the meeting, the TRA agreed to a request from Mr Shakles for the ./Decision_for_Mr_Liam_Shakles_R.pdf-allegations to be considered without a hearing. The panel had the ability to direct that the ./Decision_for_Mr_Liam_Shakles_R.pdf-case be considered at a hearing if required in the interests of justice or in the public ./Decision_for_Mr_Liam_Shakles_R.pdf-interest. The panel did not determine that such a direction was necessary or appropriate ./Decision_for_Mr_Liam_Shakles_R.pdf-in this case. ./Decision_for_Mr_Liam_Shakles_R.pdf- ./Decision_for_Mr_Liam_Shakles_R.pdf-Mr Shakles commenced employment as an unqualified teacher at Ridgeway Academy ./Decision_for_Mr_Liam_Shakles_R.pdf-(‘the School’) on 2 September 2019. ./Decision_for_Mr_Liam_Shakles_R.pdf- ./Decision_for_Mr_Liam_Shakles_R.pdf-On 19 September 2019, Mr Shakles was arrested on suspicion of possession of indecent ./Decision_for_Mr_Liam_Shakles_R.pdf:images of children and attempting to engage in sexual communications with a child. ./Decision_for_Mr_Liam_Shakles_R.pdf- ./Decision_for_Mr_Liam_Shakles_R.pdf-Mr Shakles’ employment was terminated on 4 October 2019. ./Decision_for_Mr_Liam_Shakles_R.pdf- ./Decision_for_Mr_Liam_Shakles_R.pdf-On 4 March 2021, Mr Shakles was convicted and sentenced at Worcester Crown Court, ./Decision_for_Mr_Liam_Shakles_R.pdf-of six counts of making indecent photographs of children and one count of attempting to ./Decision_for_Mr_Liam_Shakles_R.pdf:engage in sexual communications with a child. ./Decision_for_Mr_Liam_Shakles_R.pdf- ./Decision_for_Mr_Liam_Shakles_R.pdf-Findings of fact ./Decision_for_Mr_Liam_Shakles_R.pdf- ./Decision_for_Mr_Liam_Shakles_R.pdf-The findings of fact are as follows: ./Decision_for_Mr_Liam_Shakles_R.pdf- ./Decision_for_Mr_Liam_Shakles_R.pdf-The panel found the following particulars of the allegations against you proved, for these ./Decision_for_Mr_Liam_Shakles_R.pdf-reasons: ./Decision_for_Mr_Liam_Shakles_R.pdf- ./Decision_for_Mr_Liam_Shakles_R.pdf:1. Attempting/engaging in sexual communication with a child between 4 July ./Decision_for_Mr_Liam_Shakles_R.pdf- 2019 and 8 July 2019, contrary to the Sexual Offences Act 2003 s.15A(1). ./Decision_for_Mr_Liam_Shakles_R.pdf- ./Decision_for_Mr_Liam_Shakles_R.pdf-2. Making an indecent photograph or pseudo-photograph of children between 23 ./Decision_for_Mr_Liam_Shakles_R.pdf- February 2015 and 17 September 2019, contrary to the Protection of Children ./Decision_for_Mr_Liam_Shakles_R.pdf- Act 1978 s.1(a). ./Decision_for_Mr_Liam_Shakles_R.pdf- ./Decision_for_Mr_Liam_Shakles_R.pdf-3. Making an indecent photograph or pseudo-photograph of children between 23 ./Decision_for_Mr_Liam_Shakles_R.pdf- February 2015 and 17 September 2019, contrary to the Protection of Children ./Decision_for_Mr_Liam_Shakles_R.pdf- Act 1978 s.1(a). ./Decision_for_Mr_Liam_Shakles_R.pdf- -- ./Decision_for_Mr_Liam_Shakles_R.pdf-The panel noted page 8 of the Teacher Misconduct: The Prohibition of Teachers (‘the ./Decision_for_Mr_Liam_Shakles_R.pdf-Advice’) which states that where there has been a conviction at any time, of a criminal ./Decision_for_Mr_Liam_Shakles_R.pdf-offence, the panel will accept the certificate of conviction as conclusive proof of both the ./Decision_for_Mr_Liam_Shakles_R.pdf-conviction and the facts necessarily implied by the conviction, unless exceptional ./Decision_for_Mr_Liam_Shakles_R.pdf-circumstances apply. The panel did not find that any exceptional circumstances applied ./Decision_for_Mr_Liam_Shakles_R.pdf-in this case. ./Decision_for_Mr_Liam_Shakles_R.pdf- ./Decision_for_Mr_Liam_Shakles_R.pdf-The panel had been provided with a copy of the certificate of conviction from Worcester ./Decision_for_Mr_Liam_Shakles_R.pdf-Crown Court, which detailed that Mr Shakles had been convicted of 6 counts of making ./Decision_for_Mr_Liam_Shakles_R.pdf-indecent photographs or pseudo-photographs of children and 1 count of ./Decision_for_Mr_Liam_Shakles_R.pdf:attempting/engaging in sexual communications with someone who he thought was a ./Decision_for_Mr_Liam_Shakles_R.pdf-child. ./Decision_for_Mr_Liam_Shakles_R.pdf- ./Decision_for_Mr_Liam_Shakles_R.pdf-In respect of the allegations, Mr Shakles was sentenced at Worcester Crown Court on 4 ./Decision_for_Mr_Liam_Shakles_R.pdf-March 2021 to a total of 14 months’ imprisonment. In addition, he was placed on the Sex ./Decision_for_Mr_Liam_Shakles_R.pdf-Offenders Register for 10 years; made subject to a Sexual Harm Prevention Order for 10 ./Decision_for_Mr_Liam_Shakles_R.pdf-years; required to forfeit all devices; and ordered to pay a victim surcharge of £100. ./Decision_for_Mr_Liam_Shakles_R.pdf- ./Decision_for_Mr_Liam_Shakles_R.pdf-On examination of the documents before the panel, the panel was satisfied that the facts ./Decision_for_Mr_Liam_Shakles_R.pdf-of allegations 1, 2, 3, 4, 5, 6, and 7 were proven. ./Decision_for_Mr_Liam_Shakles_R.pdf- -- ./Decision_for_Mr_Liam_Shakles_R.pdf-The panel noted that Mr Shakles’ actions took place outside of the education setting and ./Decision_for_Mr_Liam_Shakles_R.pdf-did not involve any pupils or members of staff at the school. The panel were aware that ./Decision_for_Mr_Liam_Shakles_R.pdf-an offence can be considered relevant even if it did not involve misconduct in the course ./Decision_for_Mr_Liam_Shakles_R.pdf-of teaching, however, the panel believed that Mr Shakles’ criminal conduct was highly ./Decision_for_Mr_Liam_Shakles_R.pdf-relevant to teaching, working with children and working in an education setting. The ./Decision_for_Mr_Liam_Shakles_R.pdf-panel noted that the offences took place over a significant period of time and appeared to ./Decision_for_Mr_Liam_Shakles_R.pdf-escalate in that period from viewing images to attempting to communicate with someone ./Decision_for_Mr_Liam_Shakles_R.pdf-who he thought was a child. The offences involved a large number of images, many of ./Decision_for_Mr_Liam_Shakles_R.pdf-which fell within the most serious category, Category A. The panel further noted that the ./Decision_for_Mr_Liam_Shakles_R.pdf-Worcester Crown Court sentencing Judge described Mr Shakles as having “an ./Decision_for_Mr_Liam_Shakles_R.pdf:entrenched sexual interest in very young children”, noting that he “deliberately took steps ./Decision_for_Mr_Liam_Shakles_R.pdf-to gain employment in a school on a teacher training programme despite the fact that he ./Decision_for_Mr_Liam_Shakles_R.pdf-was well aware that he had this serious and entrenched interest in young girls”. The ./Decision_for_Mr_Liam_Shakles_R.pdf-panel noted that Mr Shakles believed he was communicating with a 12 year old girl. ./Decision_for_Mr_Liam_Shakles_R.pdf- ./Decision_for_Mr_Liam_Shakles_R.pdf-The panel noted that the behaviour involved in committing the offence could have had an ./Decision_for_Mr_Liam_Shakles_R.pdf-impact on the safety or security of pupils and/or members of the public. ./Decision_for_Mr_Liam_Shakles_R.pdf- ./Decision_for_Mr_Liam_Shakles_R.pdf-The panel also took account of the way the teaching profession is viewed by others. The ./Decision_for_Mr_Liam_Shakles_R.pdf-panel considered that Mr Shakles’ behaviour in committing the offence could affect public ./Decision_for_Mr_Liam_Shakles_R.pdf-confidence in the teaching profession, given the influence that teachers may have on ./Decision_for_Mr_Liam_Shakles_R.pdf-pupils, parents and others in the community. ./Decision_for_Mr_Liam_Shakles_R.pdf- ./Decision_for_Mr_Liam_Shakles_R.pdf-The panel noted that Mr Shakles’ behaviour ultimately led to a sentence of imprisonment ./Decision_for_Mr_Liam_Shakles_R.pdf-and the imposition of a Sexual Harm Prevention Order for 10 years, which was indicative ./Decision_for_Mr_Liam_Shakles_R.pdf-of the seriousness of the offences committed. ./Decision_for_Mr_Liam_Shakles_R.pdf- ./Decision_for_Mr_Liam_Shakles_R.pdf:This was a case involving an offence of sexual communication with an individual that he ./Decision_for_Mr_Liam_Shakles_R.pdf-thought was a child and activity involving viewing, taking, making, possessing, ./Decision_for_Mr_Liam_Shakles_R.pdf-distributing or publishing any indecent photograph or image or indecent pseudo ./Decision_for_Mr_Liam_Shakles_R.pdf- ./Decision_for_Mr_Liam_Shakles_R.pdf- ./Decision_for_Mr_Liam_Shakles_R.pdf- 8 ./Decision_for_Mr_Liam_Shakles_R.pdf- -- ./Decision_for_Mr_Liam_Shakles_R.pdf-orders should not be given in order to be punitive, or to show that blame has been ./Decision_for_Mr_Liam_Shakles_R.pdf-apportioned, although they are likely to have punitive effect. ./Decision_for_Mr_Liam_Shakles_R.pdf- ./Decision_for_Mr_Liam_Shakles_R.pdf-The panel had regard to the particular public interest considerations set out in the Advice ./Decision_for_Mr_Liam_Shakles_R.pdf-and, having done so, found a number of them to be relevant in this case, namely: the ./Decision_for_Mr_Liam_Shakles_R.pdf-safeguarding and wellbeing of pupils and the protection of other members of the public; ./Decision_for_Mr_Liam_Shakles_R.pdf-the maintenance of public confidence in the profession; and declaring and upholding ./Decision_for_Mr_Liam_Shakles_R.pdf-proper standards of conduct. ./Decision_for_Mr_Liam_Shakles_R.pdf- ./Decision_for_Mr_Liam_Shakles_R.pdf-In the light of the panel’s findings against Mr Shakles, which involved making indecent ./Decision_for_Mr_Liam_Shakles_R.pdf:photographs of children and attempting to engage in sexual communications with an ./Decision_for_Mr_Liam_Shakles_R.pdf-individual who he believed was a child, there was a strong public interest consideration in ./Decision_for_Mr_Liam_Shakles_R.pdf-respect of the protection of pupils given the serious findings of inappropriate relationships ./Decision_for_Mr_Liam_Shakles_R.pdf-with children. ./Decision_for_Mr_Liam_Shakles_R.pdf- ./Decision_for_Mr_Liam_Shakles_R.pdf-Similarly, the panel considered that public confidence in the profession could be seriously ./Decision_for_Mr_Liam_Shakles_R.pdf-weakened if conduct such as that found against Mr Shakles were not treated with the ./Decision_for_Mr_Liam_Shakles_R.pdf-utmost seriousness when regulating the conduct of the profession. ./Decision_for_Mr_Liam_Shakles_R.pdf- ./Decision_for_Mr_Liam_Shakles_R.pdf-The panel decided that a strong public interest consideration in declaring proper ./Decision_for_Mr_Liam_Shakles_R.pdf-standards of conduct in the profession was also present as the conduct found against Mr -- ./Decision_for_Mr_Liam_Shakles_R.pdf-order may be appropriate if certain behaviours of a teacher have been proved. In the list ./Decision_for_Mr_Liam_Shakles_R.pdf-of such behaviours, those that are relevant in this case are: ./Decision_for_Mr_Liam_Shakles_R.pdf- ./Decision_for_Mr_Liam_Shakles_R.pdf- • serious departure from the personal and professional conduct elements of the ./Decision_for_Mr_Liam_Shakles_R.pdf- Teachers’ Standards; ./Decision_for_Mr_Liam_Shakles_R.pdf- ./Decision_for_Mr_Liam_Shakles_R.pdf- • the commission of a serious criminal offence, including those that resulted in a ./Decision_for_Mr_Liam_Shakles_R.pdf- conviction or caution, paying particular attention to offences that are ‘relevant ./Decision_for_Mr_Liam_Shakles_R.pdf- matters’ for the purposes of The Police Act 1997 and criminal record disclosures; ./Decision_for_Mr_Liam_Shakles_R.pdf- ./Decision_for_Mr_Liam_Shakles_R.pdf: • sexual misconduct, for example, involving actions that were sexually motivated or ./Decision_for_Mr_Liam_Shakles_R.pdf: of a sexual nature and/or that use or exploit the trust, knowledge or influence ./Decision_for_Mr_Liam_Shakles_R.pdf- derived from the individual’s professional position; ./Decision_for_Mr_Liam_Shakles_R.pdf- ./Decision_for_Mr_Liam_Shakles_R.pdf- • any activity involving viewing, taking, making, possessing, distributing or ./Decision_for_Mr_Liam_Shakles_R.pdf- publishing any indecent photograph or image or pseudo photograph or image of a ./Decision_for_Mr_Liam_Shakles_R.pdf- child, or permitting such activity, including one-off incidents. ./Decision_for_Mr_Liam_Shakles_R.pdf- ./Decision_for_Mr_Liam_Shakles_R.pdf-Even though some of the behaviour found proved in this case indicated that a prohibition ./Decision_for_Mr_Liam_Shakles_R.pdf-order would be appropriate, the panel went on to consider the mitigating factors. ./Decision_for_Mr_Liam_Shakles_R.pdf-Mitigating factors may indicate that a prohibition order would not be appropriate or ./Decision_for_Mr_Liam_Shakles_R.pdf-proportionate. -- ./Decision_for_Mr_Liam_Shakles_R.pdf-made by the panel would be sufficient. ./Decision_for_Mr_Liam_Shakles_R.pdf- ./Decision_for_Mr_Liam_Shakles_R.pdf-The panel was of the view that, applying the standard of the ordinary intelligent citizen, it ./Decision_for_Mr_Liam_Shakles_R.pdf-would not be a proportionate and appropriate response to recommend no prohibition ./Decision_for_Mr_Liam_Shakles_R.pdf-order. Recommending that the publication of adverse findings was sufficient would ./Decision_for_Mr_Liam_Shakles_R.pdf-unacceptably compromise the public interest considerations present in this case, despite ./Decision_for_Mr_Liam_Shakles_R.pdf-the severity of the consequences for Mr Shakles of prohibition. ./Decision_for_Mr_Liam_Shakles_R.pdf- ./Decision_for_Mr_Liam_Shakles_R.pdf-The panel was of the view that prohibition was both proportionate and appropriate. The ./Decision_for_Mr_Liam_Shakles_R.pdf-panel decided that the public interest considerations outweighed the interests of Mr ./Decision_for_Mr_Liam_Shakles_R.pdf:Shakles. The seriousness of the offences and imposition of a sexual harm prevention ./Decision_for_Mr_Liam_Shakles_R.pdf-order for a period of 10 years, and the lack of insight or remorse, was a significant factor ./Decision_for_Mr_Liam_Shakles_R.pdf-in forming that opinion. Accordingly, the panel made a recommendation to the Secretary ./Decision_for_Mr_Liam_Shakles_R.pdf-of State that a prohibition order should be imposed with immediate effect. ./Decision_for_Mr_Liam_Shakles_R.pdf- ./Decision_for_Mr_Liam_Shakles_R.pdf- ./Decision_for_Mr_Liam_Shakles_R.pdf- ./Decision_for_Mr_Liam_Shakles_R.pdf- ./Decision_for_Mr_Liam_Shakles_R.pdf- 11 ./Decision_for_Mr_Liam_Shakles_R.pdf- -- ./Decision_for_Mr_Liam_Shakles_R.pdf-a review period of the order should be considered. The panel was mindful that the Advice ./Decision_for_Mr_Liam_Shakles_R.pdf-states that a prohibition order applies for life, but there may be circumstances, in any ./Decision_for_Mr_Liam_Shakles_R.pdf-given case, that may make it appropriate to allow a teacher to apply to have the ./Decision_for_Mr_Liam_Shakles_R.pdf-prohibition order reviewed after a specified period of time that may not be less than 2 ./Decision_for_Mr_Liam_Shakles_R.pdf-years. ./Decision_for_Mr_Liam_Shakles_R.pdf- ./Decision_for_Mr_Liam_Shakles_R.pdf-The Advice indicates that there are behaviours that, if proved, would militate against the ./Decision_for_Mr_Liam_Shakles_R.pdf-recommendation of a review period. These behaviours include commission of a serious ./Decision_for_Mr_Liam_Shakles_R.pdf-criminal offence involving viewing, taking, making, possessing, distributing or publishing ./Decision_for_Mr_Liam_Shakles_R.pdf-any indecent photograph or image or indecent pseudo photograph or image of a child ./Decision_for_Mr_Liam_Shakles_R.pdf:and engaging in sexual communications with someone he thought was a child. The panel ./Decision_for_Mr_Liam_Shakles_R.pdf-found that Mr Shakles was responsible for making indecent images of children and ./Decision_for_Mr_Liam_Shakles_R.pdf:attempting to engage in sexual communications with an individual whom he thought was ./Decision_for_Mr_Liam_Shakles_R.pdf-a child. ./Decision_for_Mr_Liam_Shakles_R.pdf- ./Decision_for_Mr_Liam_Shakles_R.pdf-The panel decided that the findings indicated a situation in which a review period would ./Decision_for_Mr_Liam_Shakles_R.pdf-not be appropriate and, as such, decided that it would be proportionate in all the ./Decision_for_Mr_Liam_Shakles_R.pdf-circumstances for the prohibition order to be recommended without provisions for a ./Decision_for_Mr_Liam_Shakles_R.pdf-review period. ./Decision_for_Mr_Liam_Shakles_R.pdf- ./Decision_for_Mr_Liam_Shakles_R.pdf- ./Decision_for_Mr_Liam_Shakles_R.pdf-Decision and reasons on behalf of the Secretary of State ./Decision_for_Mr_Liam_Shakles_R.pdf-I have given very careful consideration to this case and to the recommendation of the -- ./Decision_for_Mr_Liam_Shakles_R.pdf-The panel also state that, “Mr Shakles’ conduct was of the utmost seriousness and ./Decision_for_Mr_Liam_Shakles_R.pdf-completely incompatible with the standards of behaviour expected of any member of the ./Decision_for_Mr_Liam_Shakles_R.pdf-public, let alone a teacher who is placed in a position of trust with children.” ./Decision_for_Mr_Liam_Shakles_R.pdf- ./Decision_for_Mr_Liam_Shakles_R.pdf-The findings of a relevant offence are particularly serious as they include findings of ./Decision_for_Mr_Liam_Shakles_R.pdf:attempting / engaging in sexual communication with a child and the making of indecent ./Decision_for_Mr_Liam_Shakles_R.pdf-photographs or pseudo-photos of children. ./Decision_for_Mr_Liam_Shakles_R.pdf- ./Decision_for_Mr_Liam_Shakles_R.pdf-I have to determine whether the imposition of a prohibition order is proportionate and in ./Decision_for_Mr_Liam_Shakles_R.pdf-the public interest. In considering that for this case, I have considered the overall aim of a ./Decision_for_Mr_Liam_Shakles_R.pdf-prohibition order which is to protect pupils and to maintain public confidence in the ./Decision_for_Mr_Liam_Shakles_R.pdf-profession. I have considered the extent to which a prohibition order in this case would ./Decision_for_Mr_Liam_Shakles_R.pdf-achieve that aim taking into account the impact that it will have on the individual teacher. ./Decision_for_Mr_Liam_Shakles_R.pdf-I have also asked myself, whether a less intrusive measure, such as the published ./Decision_for_Mr_Liam_Shakles_R.pdf-finding of a relevant conviction, would itself be sufficient to achieve the overall aim. I have ./Decision_for_Mr_Liam_Shakles_R.pdf-to consider whether the consequences of such a publication are themselves sufficient. I ./Decision_for_Mr_Liam_Shakles_R.pdf-have considered therefore whether or not prohibiting Mr Shakles, and the impact that will ./Decision_for_Mr_Liam_Shakles_R.pdf-have on the teacher, is proportionate and in the public interest. ./Decision_for_Mr_Liam_Shakles_R.pdf- ./Decision_for_Mr_Liam_Shakles_R.pdf-In this case, I have considered the extent to which a prohibition order would protect ./Decision_for_Mr_Liam_Shakles_R.pdf-children and safeguard pupils. The panel has observed, “The panel further noted that the ./Decision_for_Mr_Liam_Shakles_R.pdf-Worcester Crown Court sentencing Judge described Mr Shakles as having “an ./Decision_for_Mr_Liam_Shakles_R.pdf:entrenched sexual interest in very young children”, noting that he “deliberately took steps ./Decision_for_Mr_Liam_Shakles_R.pdf-to gain employment in a school on a teacher training programme despite the fact that he ./Decision_for_Mr_Liam_Shakles_R.pdf-was well aware that he had this serious and entrenched interest in young girls” A ./Decision_for_Mr_Liam_Shakles_R.pdf-prohibition order would therefore prevent such a risk from being present in the future. ./Decision_for_Mr_Liam_Shakles_R.pdf- ./Decision_for_Mr_Liam_Shakles_R.pdf-I have also taken into account the panel’s comments on insight and remorse, which the ./Decision_for_Mr_Liam_Shakles_R.pdf-panel sets out as follows, “Whilst the panel noted that although the [REDACTED] stated ./Decision_for_Mr_Liam_Shakles_R.pdf-that the risk of reoffending was considered minimal, the panel could not confidently share ./Decision_for_Mr_Liam_Shakles_R.pdf-the same view. No other evidence was submitted to show that Mr Shakles had insight or ./Decision_for_Mr_Liam_Shakles_R.pdf-remorse for his actions.” In my judgement, the lack of full insight or remorse means that ./Decision_for_Mr_Liam_Shakles_R.pdf-there is some risk of the repetition of this behaviour and this puts at risk the future -- ./Decision_for_Mr_Liam_Shakles_R.pdf-I have also considered the impact of a prohibition order on Mr Shakles himself. The panel ./Decision_for_Mr_Liam_Shakles_R.pdf-comment “No evidence was submitted to attest to Mr Shakles’ history as a teaching ./Decision_for_Mr_Liam_Shakles_R.pdf-professional or which showed that Mr Shakles demonstrates exceptionally high ./Decision_for_Mr_Liam_Shakles_R.pdf-standards in both personal and professional conduct or that he has contributed ./Decision_for_Mr_Liam_Shakles_R.pdf-significantly to the education sector.” ./Decision_for_Mr_Liam_Shakles_R.pdf- ./Decision_for_Mr_Liam_Shakles_R.pdf-A prohibition order would prevent Mr Shakles from teaching and would also clearly ./Decision_for_Mr_Liam_Shakles_R.pdf-deprive the public of his contribution to the profession for the period that it is in force. ./Decision_for_Mr_Liam_Shakles_R.pdf- ./Decision_for_Mr_Liam_Shakles_R.pdf-In this case, I have placed considerable weight on the panel’s comments, “The ./Decision_for_Mr_Liam_Shakles_R.pdf:seriousness of the offences and imposition of a sexual harm prevention order for a period ./Decision_for_Mr_Liam_Shakles_R.pdf-of 10 years, and the lack of insight or remorse, was a significant factor in forming that ./Decision_for_Mr_Liam_Shakles_R.pdf-opinion.” ./Decision_for_Mr_Liam_Shakles_R.pdf- ./Decision_for_Mr_Liam_Shakles_R.pdf-I have given less weight in my consideration of sanction therefore, to the contribution that ./Decision_for_Mr_Liam_Shakles_R.pdf-Mr Shakles has made to the profession. In my view, it is necessary to impose a ./Decision_for_Mr_Liam_Shakles_R.pdf-prohibition order in order to maintain public confidence in the profession. A published ./Decision_for_Mr_Liam_Shakles_R.pdf-decision, in light of the circumstances in this case, that is not backed up by full remorse ./Decision_for_Mr_Liam_Shakles_R.pdf-or insight, does not in my view satisfy the public interest requirement concerning public ./Decision_for_Mr_Liam_Shakles_R.pdf-confidence in the profession. ./Decision_for_Mr_Liam_Shakles_R.pdf- ./Decision_for_Mr_Liam_Shakles_R.pdf-For these reasons, I have concluded that a prohibition order is proportionate and in the ./Decision_for_Mr_Liam_Shakles_R.pdf-public interest in order to achieve the intended aims of a prohibition order. ./Decision_for_Mr_Liam_Shakles_R.pdf- ./Decision_for_Mr_Liam_Shakles_R.pdf-I have gone on to consider the matter of a review period. In this case, the panel has ./Decision_for_Mr_Liam_Shakles_R.pdf-recommended that no provision should be made for a review period. ./Decision_for_Mr_Liam_Shakles_R.pdf- ./Decision_for_Mr_Liam_Shakles_R.pdf-I have considered the panel’s comments “The panel found that Mr Shakles was ./Decision_for_Mr_Liam_Shakles_R.pdf:responsible for making indecent images of children and attempting to engage in sexual ./Decision_for_Mr_Liam_Shakles_R.pdf-communications with an individual whom he thought was a child.” ./Decision_for_Mr_Liam_Shakles_R.pdf- ./Decision_for_Mr_Liam_Shakles_R.pdf- ./Decision_for_Mr_Liam_Shakles_R.pdf- ./Decision_for_Mr_Liam_Shakles_R.pdf- 14 ./Decision_for_Mr_Liam_Shakles_R.pdf- ./Decision_for_Mr_Stephen_Adcock_R.pdf-September 2022. ./Decision_for_Mr_Stephen_Adcock_R.pdf- ./Decision_for_Mr_Stephen_Adcock_R.pdf-It was alleged that Mr Adcock was guilty of unacceptable professional conduct and/or ./Decision_for_Mr_Stephen_Adcock_R.pdf-conduct that may bring the profession into disrepute, in that: ./Decision_for_Mr_Stephen_Adcock_R.pdf- ./Decision_for_Mr_Stephen_Adcock_R.pdf-Whilst a teacher at Okehampton Community College, Devon: ./Decision_for_Mr_Stephen_Adcock_R.pdf- ./Decision_for_Mr_Stephen_Adcock_R.pdf-1. He engaged in inappropriate and/or unprofessional behaviour between April 2018 and ./Decision_for_Mr_Stephen_Adcock_R.pdf-October 2018 by ./Decision_for_Mr_Stephen_Adcock_R.pdf- ./Decision_for_Mr_Stephen_Adcock_R.pdf:a. On one or more occasions he viewed or attempted to view pornographic video and/or ./Decision_for_Mr_Stephen_Adcock_R.pdf:pornographic material using school equipment; ./Decision_for_Mr_Stephen_Adcock_R.pdf- ./Decision_for_Mr_Stephen_Adcock_R.pdf-b. On one or more occasions, using school equipment, he viewed and/or attempted to ./Decision_for_Mr_Stephen_Adcock_R.pdf:view pornographic video and/or pornographic material with search terms referring to: ./Decision_for_Mr_Stephen_Adcock_R.pdf- ./Decision_for_Mr_Stephen_Adcock_R.pdf- i. “virgin fuck”, and/or ./Decision_for_Mr_Stephen_Adcock_R.pdf- ./Decision_for_Mr_Stephen_Adcock_R.pdf- ii “Sluts” and / or ./Decision_for_Mr_Stephen_Adcock_R.pdf- ./Decision_for_Mr_Stephen_Adcock_R.pdf- iii “Teen Porn”. ./Decision_for_Mr_Stephen_Adcock_R.pdf- ./Decision_for_Mr_Stephen_Adcock_R.pdf-c. On one or more occasions, using school equipment, he viewed or attempted to view: ./Decision_for_Mr_Stephen_Adcock_R.pdf- ./Decision_for_Mr_Stephen_Adcock_R.pdf- i. Adult dating websites and/or ./Decision_for_Mr_Stephen_Adcock_R.pdf- ./Decision_for_Mr_Stephen_Adcock_R.pdf- ii. couple swapping websites ./Decision_for_Mr_Stephen_Adcock_R.pdf- ./Decision_for_Mr_Stephen_Adcock_R.pdf-d. On one or more occasions, using school equipment, he viewed and/or attempted to ./Decision_for_Mr_Stephen_Adcock_R.pdf:view video and/or material of sexual indecency; ./Decision_for_Mr_Stephen_Adcock_R.pdf- ./Decision_for_Mr_Stephen_Adcock_R.pdf:2. His behaviour as may be found proven at Allegation 1 above was conduct of a sexual ./Decision_for_Mr_Stephen_Adcock_R.pdf:nature and/or was sexually motivated. ./Decision_for_Mr_Stephen_Adcock_R.pdf- ./Decision_for_Mr_Stephen_Adcock_R.pdf-Mr Adcock admitted the facts alleged and admitted unacceptable professional conduct ./Decision_for_Mr_Stephen_Adcock_R.pdf-and conduct that may bring the profession into disrepute. ./Decision_for_Mr_Stephen_Adcock_R.pdf- ./Decision_for_Mr_Stephen_Adcock_R.pdf- ./Decision_for_Mr_Stephen_Adcock_R.pdf-Preliminary applications ./Decision_for_Mr_Stephen_Adcock_R.pdf-There were no preliminary applications. ./Decision_for_Mr_Stephen_Adcock_R.pdf- ./Decision_for_Mr_Stephen_Adcock_R.pdf- ./Decision_for_Mr_Stephen_Adcock_R.pdf-Summary of evidence -- ./Decision_for_Mr_Stephen_Adcock_R.pdf-The findings of fact are as follows: ./Decision_for_Mr_Stephen_Adcock_R.pdf- ./Decision_for_Mr_Stephen_Adcock_R.pdf-The panel found the following particulars of the allegations against you proved, for these ./Decision_for_Mr_Stephen_Adcock_R.pdf-reasons: ./Decision_for_Mr_Stephen_Adcock_R.pdf- ./Decision_for_Mr_Stephen_Adcock_R.pdf-Whilst a teacher at Okehampton Community College, Devon: ./Decision_for_Mr_Stephen_Adcock_R.pdf- ./Decision_for_Mr_Stephen_Adcock_R.pdf-1. You engaged in inappropriate and/or unprofessional behaviour between April ./Decision_for_Mr_Stephen_Adcock_R.pdf-2018 and October 2018 by ./Decision_for_Mr_Stephen_Adcock_R.pdf- ./Decision_for_Mr_Stephen_Adcock_R.pdf:a. On one or more occasions you viewed or attempted to view pornographic video ./Decision_for_Mr_Stephen_Adcock_R.pdf:and/or pornographic material using school equipment; ./Decision_for_Mr_Stephen_Adcock_R.pdf- ./Decision_for_Mr_Stephen_Adcock_R.pdf:Mr Adcock admitted having viewed or attempted to view pornographic video and/or ./Decision_for_Mr_Stephen_Adcock_R.pdf:pornographic material using school equipment in his response dated 13 December 2021 ./Decision_for_Mr_Stephen_Adcock_R.pdf-to the Notice of Referral. He made the same admission in the statement of agreed facts ./Decision_for_Mr_Stephen_Adcock_R.pdf-explaining that the occasions when this had happened were when he was working alone ./Decision_for_Mr_Stephen_Adcock_R.pdf-within a closed office, and that it did not occur in the classroom environment. ./Decision_for_Mr_Stephen_Adcock_R.pdf- ./Decision_for_Mr_Stephen_Adcock_R.pdf-Individual A has provided a witness statement that he was informed of the allegation ./Decision_for_Mr_Stephen_Adcock_R.pdf-concerning Mr Adcock on 8 October 2018 by Individual D and Individual E. He explained ./Decision_for_Mr_Stephen_Adcock_R.pdf-that those members of staff had informed him that they had been trialling some new ./Decision_for_Mr_Stephen_Adcock_R.pdf-software to identify if there were any searches being used by anyone within the College ./Decision_for_Mr_Stephen_Adcock_R.pdf-that was concerning (“the Software”). He was informed that the software had identified ./Decision_for_Mr_Stephen_Adcock_R.pdf-that Mr Adcock had been accessing adult dating, couple swapping, swingers’ sites and ./Decision_for_Mr_Stephen_Adcock_R.pdf-other dating sites, and that some semi nudity had been detected. He commissioned ./Decision_for_Mr_Stephen_Adcock_R.pdf-Individual B to conduct an investigation. ./Decision_for_Mr_Stephen_Adcock_R.pdf- ./Decision_for_Mr_Stephen_Adcock_R.pdf-Individual B has provided a statement producing his investigation report. He explained ./Decision_for_Mr_Stephen_Adcock_R.pdf-that during the investigation, he conducted an interview with Individual C. During that ./Decision_for_Mr_Stephen_Adcock_R.pdf:interview, Individual B learned that as well as Mr Adcock viewing soft porn, there were ./Decision_for_Mr_Stephen_Adcock_R.pdf:also visits to other websites including live streaming sex websites. Individual B has ./Decision_for_Mr_Stephen_Adcock_R.pdf-provided screenshots of the websites and images viewed on Mr Adcock’s computer, and ./Decision_for_Mr_Stephen_Adcock_R.pdf-has also provided a report containing a detailed examination of the web browsing history ./Decision_for_Mr_Stephen_Adcock_R.pdf-relating to Mr Adcock’s computer. ./Decision_for_Mr_Stephen_Adcock_R.pdf- ./Decision_for_Mr_Stephen_Adcock_R.pdf-The examination of that web-browsing history indicated the searching of inappropriate ./Decision_for_Mr_Stephen_Adcock_R.pdf-images and websites occurred regularly on a weekly basis, taking place during PPA, ./Decision_for_Mr_Stephen_Adcock_R.pdf-non-contact time, break time, lunchtime and/or after school. The website activity was ./Decision_for_Mr_Stephen_Adcock_R.pdf-undertaken in Mr Adcock’s office, which he had sole use of, on his school PC, using his ./Decision_for_Mr_Stephen_Adcock_R.pdf-admin account. In his report, Individual B stated that only four staff in the College had ./Decision_for_Mr_Stephen_Adcock_R.pdf-admin rights, allowing users to have unfiltered access to the internet. Mr Adcock was one -- ./Decision_for_Mr_Stephen_Adcock_R.pdf-possible to use a setting to prevent his PC from locking. However, he stated that Mr ./Decision_for_Mr_Stephen_Adcock_R.pdf-Adcock’s office was in a busy science corridor, with a window giving clear sight to Mr ./Decision_for_Mr_Stephen_Adcock_R.pdf-Adcock’s work station. There was an occasion when the access to inappropriate ./Decision_for_Mr_Stephen_Adcock_R.pdf-websites took place over a two hour period, and a third person would have needed to ./Decision_for_Mr_Stephen_Adcock_R.pdf-have been undetected over this time to continue the activity. He also stated that the ./Decision_for_Mr_Stephen_Adcock_R.pdf-searches only took place during Mr Adcock’s non-teaching time. ./Decision_for_Mr_Stephen_Adcock_R.pdf- ./Decision_for_Mr_Stephen_Adcock_R.pdf-Given Mr Adcock’s admission, and the evidence detected through use of the Software, ./Decision_for_Mr_Stephen_Adcock_R.pdf-the panel considered that it was more likely than not that Mr Adcock had viewed or ./Decision_for_Mr_Stephen_Adcock_R.pdf:attempted to view pornographic video and/or pornographic material using school ./Decision_for_Mr_Stephen_Adcock_R.pdf-equipment. The panel considered that this was both inappropriate and unprofessional. ./Decision_for_Mr_Stephen_Adcock_R.pdf-Individual B stated that Mr Adcock was responsible for the electronic safety of pupils and ./Decision_for_Mr_Stephen_Adcock_R.pdf-staff within the College, and his actions were in direct conflict with his duties. ./Decision_for_Mr_Stephen_Adcock_R.pdf- ./Decision_for_Mr_Stephen_Adcock_R.pdf-b. On one or more occasions, using school equipment, you viewed and/or ./Decision_for_Mr_Stephen_Adcock_R.pdf:attempted to view pornographic video and/or pornographic material with search ./Decision_for_Mr_Stephen_Adcock_R.pdf-terms referring to: ./Decision_for_Mr_Stephen_Adcock_R.pdf- ./Decision_for_Mr_Stephen_Adcock_R.pdf-i. “virgin fuck”, and/or ./Decision_for_Mr_Stephen_Adcock_R.pdf- ./Decision_for_Mr_Stephen_Adcock_R.pdf-ii “Sluts” and / or ./Decision_for_Mr_Stephen_Adcock_R.pdf- ./Decision_for_Mr_Stephen_Adcock_R.pdf-iii “Teen Porn”. ./Decision_for_Mr_Stephen_Adcock_R.pdf- ./Decision_for_Mr_Stephen_Adcock_R.pdf-Mr Adcock denied this allegation in his response dated 13 December 2021 to the Notice ./Decision_for_Mr_Stephen_Adcock_R.pdf-of Referral. However, he subsequently admitted this allegation in the statement of agreed ./Decision_for_Mr_Stephen_Adcock_R.pdf-facts on 16 June 2022. ./Decision_for_Mr_Stephen_Adcock_R.pdf- ./Decision_for_Mr_Stephen_Adcock_R.pdf-Appended to Individual B’s statement is a list of search terms that had been detected that ./Decision_for_Mr_Stephen_Adcock_R.pdf-were within the web-browsing history of Mr Adcock’s computer. Those search terms ./Decision_for_Mr_Stephen_Adcock_R.pdf:included “sluts” and “porn teen”. The Devon and Cornwall Police Constabulary provided ./Decision_for_Mr_Stephen_Adcock_R.pdf-information to the presenting officer that the College’s investigation had lead the College ./Decision_for_Mr_Stephen_Adcock_R.pdf-to locate concerning search history, terms such as “virgin fuck”, “Sluts” and “Teen Porn”. ./Decision_for_Mr_Stephen_Adcock_R.pdf- ./Decision_for_Mr_Stephen_Adcock_R.pdf-In light of Mr Adcock’s admission, the list of search terms and the information provided by ./Decision_for_Mr_Stephen_Adcock_R.pdf-the police, the panel considered it more likely than not that Mr Adcock had used these ./Decision_for_Mr_Stephen_Adcock_R.pdf-search terms. The panel considered that this was both inappropriate and unprofessional. ./Decision_for_Mr_Stephen_Adcock_R.pdf-As referred to above, Individual B stated that Mr Adcock was responsible for the ./Decision_for_Mr_Stephen_Adcock_R.pdf-electronic safety of pupils and staff within the College, and his actions were in direct ./Decision_for_Mr_Stephen_Adcock_R.pdf-conflict with his duties. ./Decision_for_Mr_Stephen_Adcock_R.pdf- -- ./Decision_for_Mr_Stephen_Adcock_R.pdf-“swingers” websites identifying “swingers” in Mr Adcock’s locality. It also included “hot ./Decision_for_Mr_Stephen_Adcock_R.pdf-mature contacts” stated as “looking for casual online dating fun with a local stranger”. ./Decision_for_Mr_Stephen_Adcock_R.pdf- ./Decision_for_Mr_Stephen_Adcock_R.pdf-In light of Mr Adcock’s admission and the screenshots provided, the panel found this ./Decision_for_Mr_Stephen_Adcock_R.pdf-allegation proven. The panel considered that this was both inappropriate and ./Decision_for_Mr_Stephen_Adcock_R.pdf-unprofessional. As referred to above, Individual B stated that Mr Adcock was responsible ./Decision_for_Mr_Stephen_Adcock_R.pdf-for the electronic safety of pupils and staff within the College, and his actions were in ./Decision_for_Mr_Stephen_Adcock_R.pdf-direct conflict with his duties. ./Decision_for_Mr_Stephen_Adcock_R.pdf- ./Decision_for_Mr_Stephen_Adcock_R.pdf-d. On one or more occasions, using school equipment, you viewed and/or ./Decision_for_Mr_Stephen_Adcock_R.pdf:attempted to view video and/or material of sexual indecency; ./Decision_for_Mr_Stephen_Adcock_R.pdf- ./Decision_for_Mr_Stephen_Adcock_R.pdf-Mr Adcock denied this allegation in his response dated 13 December 2021 to the Notice ./Decision_for_Mr_Stephen_Adcock_R.pdf-of Referral. However, he admitted this allegation in the statement of agreed facts on 16 ./Decision_for_Mr_Stephen_Adcock_R.pdf-June 2022. ./Decision_for_Mr_Stephen_Adcock_R.pdf- ./Decision_for_Mr_Stephen_Adcock_R.pdf-The screenshots of images that were viewed using Mr Adcock’s computer and which are ./Decision_for_Mr_Stephen_Adcock_R.pdf:appended to Individual B’s statement contain images that are sexually explicit and ./Decision_for_Mr_Stephen_Adcock_R.pdf-inappropriate in a school setting, and were thereby indecent. ./Decision_for_Mr_Stephen_Adcock_R.pdf- ./Decision_for_Mr_Stephen_Adcock_R.pdf-Evidence was identified of Mr Adcock’s computer having been used to access a live ./Decision_for_Mr_Stephen_Adcock_R.pdf:streaming sex website where users could join live videos of extreme sex acts being ./Decision_for_Mr_Stephen_Adcock_R.pdf-performed. Investigation showed that whilst it was possible that this website first ./Decision_for_Mr_Stephen_Adcock_R.pdf-appeared as a pop-up, Mr Adcock clicked onto the website and clicked into a video ./Decision_for_Mr_Stephen_Adcock_R.pdf:stream of live sex on at least one occasion. ./Decision_for_Mr_Stephen_Adcock_R.pdf- ./Decision_for_Mr_Stephen_Adcock_R.pdf-In light of Mr Adcock’s admission and the screenshots provided, the panel found this ./Decision_for_Mr_Stephen_Adcock_R.pdf-allegation proven. The panel considered that this was both inappropriate and ./Decision_for_Mr_Stephen_Adcock_R.pdf-unprofessional. As referred to above, Individual B stated that Mr Adcock was responsible ./Decision_for_Mr_Stephen_Adcock_R.pdf-for the electronic safety of pupils and staff within the College, and his actions were in ./Decision_for_Mr_Stephen_Adcock_R.pdf-direct conflict with his duties. ./Decision_for_Mr_Stephen_Adcock_R.pdf- ./Decision_for_Mr_Stephen_Adcock_R.pdf- ./Decision_for_Mr_Stephen_Adcock_R.pdf- ./Decision_for_Mr_Stephen_Adcock_R.pdf-2. Your behaviour as may be found proven at Allegation 1 above was conduct of a ./Decision_for_Mr_Stephen_Adcock_R.pdf:sexual nature and/or was sexually motivated. ./Decision_for_Mr_Stephen_Adcock_R.pdf- ./Decision_for_Mr_Stephen_Adcock_R.pdf- ./Decision_for_Mr_Stephen_Adcock_R.pdf- ./Decision_for_Mr_Stephen_Adcock_R.pdf- ./Decision_for_Mr_Stephen_Adcock_R.pdf- 8 ./Decision_for_Mr_Stephen_Adcock_R.pdf- -- ./Decision_for_Mr_Stephen_Adcock_R.pdf-context to the circumstances around the allegations. [REDACTED]. ./Decision_for_Mr_Stephen_Adcock_R.pdf- ./Decision_for_Mr_Stephen_Adcock_R.pdf-[REDACTED]. The panel noted that there was no medical evidence that the behaviour ./Decision_for_Mr_Stephen_Adcock_R.pdf-engaged in by Mr Adcock was caused by [REDACTED]. ./Decision_for_Mr_Stephen_Adcock_R.pdf- ./Decision_for_Mr_Stephen_Adcock_R.pdf-Mr Adcock, thereafter, denied this allegation in his response dated 13 December 2021 to ./Decision_for_Mr_Stephen_Adcock_R.pdf-the Notice of Referral. ./Decision_for_Mr_Stephen_Adcock_R.pdf- ./Decision_for_Mr_Stephen_Adcock_R.pdf-However, Mr Adcock has subsequently changed his position and has admitted this ./Decision_for_Mr_Stephen_Adcock_R.pdf-allegation in the statement of agreed facts on 16 June 2022. He has agreed in the ./Decision_for_Mr_Stephen_Adcock_R.pdf:statement of agreed facts the definition of sexual provided in s78a-b of the Sexual ./Decision_for_Mr_Stephen_Adcock_R.pdf:Offences Act 2003, and the definition of sexual motivation stated in relevant case law. Mr ./Decision_for_Mr_Stephen_Adcock_R.pdf-Adcock has therefore admitted this allegation in full knowledge of how conduct of a ./Decision_for_Mr_Stephen_Adcock_R.pdf:sexual nature and sexual motivation are defined. ./Decision_for_Mr_Stephen_Adcock_R.pdf- ./Decision_for_Mr_Stephen_Adcock_R.pdf-The panel considered that the volume of searches carried out by Mr Adcock, and the ./Decision_for_Mr_Stephen_Adcock_R.pdf-volume of images accessed by him, is indicative that his conduct was not accidental in ./Decision_for_Mr_Stephen_Adcock_R.pdf-nature. Similarly, although there may have been a pop-up to the live streaming website, ./Decision_for_Mr_Stephen_Adcock_R.pdf-Mr Adcock proceeded to access the site. The panel considered his actions to have been ./Decision_for_Mr_Stephen_Adcock_R.pdf:conduct of a sexual nature because the websites accessed and search terms used were ./Decision_for_Mr_Stephen_Adcock_R.pdf:by their nature sexual. ./Decision_for_Mr_Stephen_Adcock_R.pdf- ./Decision_for_Mr_Stephen_Adcock_R.pdf:Furthermore, the panel considered Mr Adcock’s actions to have been in pursuit of sexual ./Decision_for_Mr_Stephen_Adcock_R.pdf-gratification. He accessed the material during school hours, evidencing that he was ./Decision_for_Mr_Stephen_Adcock_R.pdf-seeking instant gratification. Furthermore, the dating and couple swapping websites ./Decision_for_Mr_Stephen_Adcock_R.pdf-contained references to individuals and couples in Mr Adcock’s locality indicating that it is ./Decision_for_Mr_Stephen_Adcock_R.pdf:more likely than not that he was in pursuit of a future sexual relationship. ./Decision_for_Mr_Stephen_Adcock_R.pdf- ./Decision_for_Mr_Stephen_Adcock_R.pdf-The panel found this allegation proven. ./Decision_for_Mr_Stephen_Adcock_R.pdf- ./Decision_for_Mr_Stephen_Adcock_R.pdf-Findings as to unacceptable professional conduct and/or conduct that ./Decision_for_Mr_Stephen_Adcock_R.pdf-may bring the profession into disrepute ./Decision_for_Mr_Stephen_Adcock_R.pdf- ./Decision_for_Mr_Stephen_Adcock_R.pdf-The panel was satisfied that the conduct of Mr Adcock in relation to the facts found ./Decision_for_Mr_Stephen_Adcock_R.pdf-proved, involved breaches of the Teachers’ Standards. The panel considered that, by ./Decision_for_Mr_Stephen_Adcock_R.pdf-reference to Part 2, Mr Adcock was in breach of the following standards: ./Decision_for_Mr_Stephen_Adcock_R.pdf- -- ./Decision_for_Mr_Stephen_Adcock_R.pdf- Teachers must have an understanding of, and always act within, the statutory ./Decision_for_Mr_Stephen_Adcock_R.pdf- frameworks which set out their professional duties and responsibilities. ./Decision_for_Mr_Stephen_Adcock_R.pdf- ./Decision_for_Mr_Stephen_Adcock_R.pdf-The panel was satisfied that the conduct of Mr Adcock fell significantly short of the ./Decision_for_Mr_Stephen_Adcock_R.pdf-standards expected of the profession. By accessing this material during school hours, ./Decision_for_Mr_Stephen_Adcock_R.pdf-and on school equipment, Mr Adcock placed pupils at risk of seeing the material, given ./Decision_for_Mr_Stephen_Adcock_R.pdf-the evidence that his office was in a busy science corridor, with a window in the door that ./Decision_for_Mr_Stephen_Adcock_R.pdf-gave clear sight to his work station. Mr Adcock had responsibilities to promote electronic ./Decision_for_Mr_Stephen_Adcock_R.pdf-safety within the College and he took advantage of the lighter restrictions on his usage, in ./Decision_for_Mr_Stephen_Adcock_R.pdf:order to access pornographic material. This was in clear contradiction to the policies and ./Decision_for_Mr_Stephen_Adcock_R.pdf-practices of the College, and against his safeguarding responsibilities. ./Decision_for_Mr_Stephen_Adcock_R.pdf- ./Decision_for_Mr_Stephen_Adcock_R.pdf-The panel also considered whether Mr Adcock’s conduct displayed behaviours ./Decision_for_Mr_Stephen_Adcock_R.pdf-associated with any of the offences listed on pages 12 and 13 of the Advice. The panel ./Decision_for_Mr_Stephen_Adcock_R.pdf-did not consider those behaviours were relevant. ./Decision_for_Mr_Stephen_Adcock_R.pdf- ./Decision_for_Mr_Stephen_Adcock_R.pdf-Accordingly, the panel was satisfied that Mr Adcock was guilty of unacceptable ./Decision_for_Mr_Stephen_Adcock_R.pdf-professional conduct. ./Decision_for_Mr_Stephen_Adcock_R.pdf- ./Decision_for_Mr_Stephen_Adcock_R.pdf-The panel took into account the way the teaching profession is viewed by others and -- ./Decision_for_Mr_Stephen_Adcock_R.pdf- Teachers’ Standards; ./Decision_for_Mr_Stephen_Adcock_R.pdf- ./Decision_for_Mr_Stephen_Adcock_R.pdf- misconduct seriously affecting the education and/or well-being of pupils, and ./Decision_for_Mr_Stephen_Adcock_R.pdf- particularly where there is a continuing risk; ./Decision_for_Mr_Stephen_Adcock_R.pdf- ./Decision_for_Mr_Stephen_Adcock_R.pdf- a deep-seated attitude that leads to harmful behaviour; ./Decision_for_Mr_Stephen_Adcock_R.pdf- ./Decision_for_Mr_Stephen_Adcock_R.pdf- abuse of position or trust (particularly involving vulnerable pupils) or violation of the ./Decision_for_Mr_Stephen_Adcock_R.pdf- rights of pupils; ./Decision_for_Mr_Stephen_Adcock_R.pdf- ./Decision_for_Mr_Stephen_Adcock_R.pdf: sexual misconduct, for example, involving actions that were sexually motivated or of a ./Decision_for_Mr_Stephen_Adcock_R.pdf: sexual nature and/or that use or exploit the trust, knowledge or influence derived ./Decision_for_Mr_Stephen_Adcock_R.pdf- from the individual’s professional position; ./Decision_for_Mr_Stephen_Adcock_R.pdf- ./Decision_for_Mr_Stephen_Adcock_R.pdf- ./Decision_for_Mr_Stephen_Adcock_R.pdf- 11 ./Decision_for_Mr_Stephen_Adcock_R.pdf- -- ./Decision_for_Mr_Stephen_Adcock_R.pdf-panel considered Mr Adcock’s online behaviours to be serious given that he was ./Decision_for_Mr_Stephen_Adcock_R.pdf-accessing such content in school hours, on school equipment, in direct contravention of ./Decision_for_Mr_Stephen_Adcock_R.pdf-his responsibilities for electronic safety and contrary to the College’s acceptable use ./Decision_for_Mr_Stephen_Adcock_R.pdf-policy. ./Decision_for_Mr_Stephen_Adcock_R.pdf- ./Decision_for_Mr_Stephen_Adcock_R.pdf-Even though some of the behaviour found proved in this case indicated that a prohibition ./Decision_for_Mr_Stephen_Adcock_R.pdf-order would be appropriate, the panel went on to consider the mitigating factors. ./Decision_for_Mr_Stephen_Adcock_R.pdf-Mitigating factors may indicate that a prohibition order would not be appropriate or ./Decision_for_Mr_Stephen_Adcock_R.pdf-proportionate. ./Decision_for_Mr_Stephen_Adcock_R.pdf- ./Decision_for_Mr_Stephen_Adcock_R.pdf:The panel has found Mr Adcock’s behaviours to be deliberate and sexually motivated. ./Decision_for_Mr_Stephen_Adcock_R.pdf- ./Decision_for_Mr_Stephen_Adcock_R.pdf-There was no evidence to suggest that Mr Adcock was acting under duress. Mr Adcock ./Decision_for_Mr_Stephen_Adcock_R.pdf-has provided an explanation of [REDACTED]. However, there is no evidence as to the ./Decision_for_Mr_Stephen_Adcock_R.pdf-impact of these factors upon Mr Adcock’s behaviour. ./Decision_for_Mr_Stephen_Adcock_R.pdf- ./Decision_for_Mr_Stephen_Adcock_R.pdf-There have been no previous findings against Mr Adcock and he has been a teacher for ./Decision_for_Mr_Stephen_Adcock_R.pdf-over 20 years. However, the only references the panel have been provided with are ones ./Decision_for_Mr_Stephen_Adcock_R.pdf-that were sought by the College when he was employed, so are not current. There is no ./Decision_for_Mr_Stephen_Adcock_R.pdf-evidence of Mr Adcock demonstrating exceptionally high standards in both his personal ./Decision_for_Mr_Stephen_Adcock_R.pdf-and professional conduct, nor that he has contributed significantly to the education -- ./Decision_for_Mr_Stephen_Adcock_R.pdf- ./Decision_for_Mr_Stephen_Adcock_R.pdf-The panel went on to consider whether or not it would be appropriate to recommend that ./Decision_for_Mr_Stephen_Adcock_R.pdf-a review period of the order should be considered. The panel was mindful that the Advice ./Decision_for_Mr_Stephen_Adcock_R.pdf-states that a prohibition order applies for life, but there may be circumstances, in any ./Decision_for_Mr_Stephen_Adcock_R.pdf-given case, that may make it appropriate to allow a teacher to apply to have the ./Decision_for_Mr_Stephen_Adcock_R.pdf-prohibition order reviewed after a specified period of time that may not be less than 2 ./Decision_for_Mr_Stephen_Adcock_R.pdf-years. ./Decision_for_Mr_Stephen_Adcock_R.pdf- ./Decision_for_Mr_Stephen_Adcock_R.pdf-The Advice indicates that there are behaviours that, if proved, would militate against the ./Decision_for_Mr_Stephen_Adcock_R.pdf-recommendation of a review period. Those behaviours are not relevant in this case. ./Decision_for_Mr_Stephen_Adcock_R.pdf:Although the panel has found that Mr Adcock engaged in conduct that was sexually ./Decision_for_Mr_Stephen_Adcock_R.pdf-motivated, there is no evidence of it having resulted in harm to a person or persons, and ./Decision_for_Mr_Stephen_Adcock_R.pdf-there could have been no criticism of Mr Adcock had he accessed the material outside of ./Decision_for_Mr_Stephen_Adcock_R.pdf-school hours on a personal computer. The panel did not therefore consider that his ./Decision_for_Mr_Stephen_Adcock_R.pdf:behaviour was serious sexual misconduct. Taking account of the regret and feelings of ./Decision_for_Mr_Stephen_Adcock_R.pdf-shame expressed by Mr Adcock, the panel considered that he ought to be given the ./Decision_for_Mr_Stephen_Adcock_R.pdf-opportunity to develop and demonstrate insight around his behaviours. ./Decision_for_Mr_Stephen_Adcock_R.pdf- ./Decision_for_Mr_Stephen_Adcock_R.pdf-The panel decided that the findings indicated a situation in which a review period would ./Decision_for_Mr_Stephen_Adcock_R.pdf-be appropriate and, as such, decided that it would be proportionate in all the ./Decision_for_Mr_Stephen_Adcock_R.pdf-circumstances for the prohibition order to be recommended with provisions for a review ./Decision_for_Mr_Stephen_Adcock_R.pdf-period. The panel therefore recommends a period of two years before an application for ./Decision_for_Mr_Stephen_Adcock_R.pdf-review can be made. ./Decision_for_Mr_Stephen_Adcock_R.pdf- ./Decision_for_Mr_Stephen_Adcock_R.pdf- -- ./Decision_for_Mr_Stephen_Adcock_R.pdf- practices of the school in which they teach, and maintain high standards in their ./Decision_for_Mr_Stephen_Adcock_R.pdf- own attendance and punctuality. ./Decision_for_Mr_Stephen_Adcock_R.pdf- ./Decision_for_Mr_Stephen_Adcock_R.pdf- Teachers must have an understanding of, and always act within, the statutory ./Decision_for_Mr_Stephen_Adcock_R.pdf- frameworks which set out their professional duties and responsibilities. ./Decision_for_Mr_Stephen_Adcock_R.pdf- ./Decision_for_Mr_Stephen_Adcock_R.pdf-The panel finds that the conduct of Mr Adcock fell significantly short of the standards ./Decision_for_Mr_Stephen_Adcock_R.pdf-expected of the profession. ./Decision_for_Mr_Stephen_Adcock_R.pdf- ./Decision_for_Mr_Stephen_Adcock_R.pdf-The findings of misconduct are serious as they include a finding that Mr Adcock viewed ./Decision_for_Mr_Stephen_Adcock_R.pdf:or attempted to view pornographic video and/or pornographic material using school ./Decision_for_Mr_Stephen_Adcock_R.pdf:equipment, conduct found to be of a sexual nature and/or sexually motivated. ./Decision_for_Mr_Stephen_Adcock_R.pdf- ./Decision_for_Mr_Stephen_Adcock_R.pdf-I have to determine whether the imposition of a prohibition order is proportionate and in ./Decision_for_Mr_Stephen_Adcock_R.pdf-the public interest. In considering that for this case, I have considered the overall aim of a ./Decision_for_Mr_Stephen_Adcock_R.pdf-prohibition order which is to protect pupils and to maintain public confidence in the ./Decision_for_Mr_Stephen_Adcock_R.pdf-profession. I have considered the extent to which a prohibition order in this case would ./Decision_for_Mr_Stephen_Adcock_R.pdf-achieve that aim taking into account the impact that it will have on the individual teacher. ./Decision_for_Mr_Stephen_Adcock_R.pdf-I have also asked myself, whether a less intrusive measure, such as the published ./Decision_for_Mr_Stephen_Adcock_R.pdf-finding of unacceptable professional conduct and conduct that may bring the profession ./Decision_for_Mr_Stephen_Adcock_R.pdf-into disrepute, would itself be sufficient to achieve the overall aim. I have to consider ./Decision_for_Mr_Stephen_Adcock_R.pdf-whether the consequences of such a publication are themselves sufficient. I have -- ./Decision_for_Mr_Stephen_Adcock_R.pdf-and has referred to the impact upon himself and his family. Mr Adcock has not, to date, ./Decision_for_Mr_Stephen_Adcock_R.pdf-recognised the impact his actions have had on the College.” In my judgement, the lack of ./Decision_for_Mr_Stephen_Adcock_R.pdf-full insight means that there is some risk of the repetition of this behaviour and this puts ./Decision_for_Mr_Stephen_Adcock_R.pdf-at risk the future wellbeing of pupils’. I have therefore given this element considerable ./Decision_for_Mr_Stephen_Adcock_R.pdf-weight in reaching my decision. ./Decision_for_Mr_Stephen_Adcock_R.pdf- ./Decision_for_Mr_Stephen_Adcock_R.pdf-I have gone on to consider the extent to which a prohibition order would maintain public ./Decision_for_Mr_Stephen_Adcock_R.pdf-confidence in the profession. The panel observe, “public confidence in the profession ./Decision_for_Mr_Stephen_Adcock_R.pdf-could be seriously weakened if conduct such as that found against Mr Adcock were not ./Decision_for_Mr_Stephen_Adcock_R.pdf-treated with the utmost seriousness when regulating the conduct of the profession.” I am ./Decision_for_Mr_Stephen_Adcock_R.pdf:particularly mindful of the finding of accessing/viewing pornographic content in a school ./Decision_for_Mr_Stephen_Adcock_R.pdf-environment in this case and the impact that such a finding has on the reputation of the ./Decision_for_Mr_Stephen_Adcock_R.pdf-profession. ./Decision_for_Mr_Stephen_Adcock_R.pdf- ./Decision_for_Mr_Stephen_Adcock_R.pdf-I have had to consider that the public has a high expectation of professional standards of ./Decision_for_Mr_Stephen_Adcock_R.pdf-all teachers and that the public might regard a failure to impose a prohibition order as a ./Decision_for_Mr_Stephen_Adcock_R.pdf-failure to uphold those high standards. In weighing these considerations, I have had to ./Decision_for_Mr_Stephen_Adcock_R.pdf-consider the matter from the point of view of an “ordinary intelligent and well-informed ./Decision_for_Mr_Stephen_Adcock_R.pdf-citizen.” ./Decision_for_Mr_Stephen_Adcock_R.pdf- ./Decision_for_Mr_Stephen_Adcock_R.pdf-I have considered whether the publication of a finding of unacceptable professional -- ./Decision_for_Mr_Stephen_Adcock_R.pdf-this. His behaviour in this regard was harmful to the College. He abused his position of ./Decision_for_Mr_Stephen_Adcock_R.pdf-trust by using the greater access he had by virtue of his position.” ./Decision_for_Mr_Stephen_Adcock_R.pdf- ./Decision_for_Mr_Stephen_Adcock_R.pdf-I have also placed considerable weight on the finding that “The panel was satisfied that ./Decision_for_Mr_Stephen_Adcock_R.pdf-the conduct of Mr Adcock fell significantly short of the standards expected of the ./Decision_for_Mr_Stephen_Adcock_R.pdf-profession. By accessing this material during school hours, and on school equipment, Mr ./Decision_for_Mr_Stephen_Adcock_R.pdf-Adcock placed pupils at risk of seeing the material, given the evidence that his office was ./Decision_for_Mr_Stephen_Adcock_R.pdf-in a busy science corridor, with a window in the door that gave clear sight to his work ./Decision_for_Mr_Stephen_Adcock_R.pdf-station. Mr Adcock had responsibilities to promote electronic safety within the College ./Decision_for_Mr_Stephen_Adcock_R.pdf-and he took advantage of the lighter restrictions on his usage, in order to access ./Decision_for_Mr_Stephen_Adcock_R.pdf:pornographic material. This was in clear contradiction to the policies and practices of the ./Decision_for_Mr_Stephen_Adcock_R.pdf-College, and against his safeguarding responsibilities.” ./Decision_for_Mr_Stephen_Adcock_R.pdf- ./Decision_for_Mr_Stephen_Adcock_R.pdf-I have given less weight in my consideration of sanction therefore, to the contribution that ./Decision_for_Mr_Stephen_Adcock_R.pdf-Mr Adcock has made to the profession. In my view, it is necessary to impose a prohibition ./Decision_for_Mr_Stephen_Adcock_R.pdf-order in order to maintain public confidence in the profession. A published decision, in ./Decision_for_Mr_Stephen_Adcock_R.pdf-light of the circumstances in this case, that is not backed up by full insight, does not in my ./Decision_for_Mr_Stephen_Adcock_R.pdf-view satisfy the public interest requirement concerning public confidence in the ./Decision_for_Mr_Stephen_Adcock_R.pdf-profession. ./Decision_for_Mr_Stephen_Adcock_R.pdf- ./Decision_for_Mr_Stephen_Adcock_R.pdf-For these reasons, I have concluded that a prohibition order is proportionate and in the ./Decision_for_Mr_Stephen_Adcock_R.pdf-public interest in order to achieve the intended aims of a prohibition order. ./Decision_for_Mr_Stephen_Adcock_R.pdf- ./Decision_for_Mr_Stephen_Adcock_R.pdf-I have gone on to consider the matter of a review period. In this case, the panel has ./Decision_for_Mr_Stephen_Adcock_R.pdf-recommended a 2 year review period. ./Decision_for_Mr_Stephen_Adcock_R.pdf- ./Decision_for_Mr_Stephen_Adcock_R.pdf-I have considered the panel’s comments “The Advice indicates that there are behaviours ./Decision_for_Mr_Stephen_Adcock_R.pdf-that, if proved, would militate against the recommendation of a review period. Those ./Decision_for_Mr_Stephen_Adcock_R.pdf-behaviours are not relevant in this case. Although the panel has found that Mr Adcock ./Decision_for_Mr_Stephen_Adcock_R.pdf:engaged in conduct that was sexually motivated, there is no evidence of it having ./Decision_for_Mr_Stephen_Adcock_R.pdf-resulted in harm to a person or persons, and there could have been no criticism of Mr ./Decision_for_Mr_Stephen_Adcock_R.pdf-Adcock had he accessed the material outside of school hours on a personal computer. ./Decision_for_Mr_Stephen_Adcock_R.pdf:The panel did not therefore consider that his behaviour was serious sexual misconduct. ./Decision_for_Mr_Stephen_Adcock_R.pdf-Taking account of the regret and feelings of shame expressed by Mr Adcock, the panel ./Decision_for_Mr_Stephen_Adcock_R.pdf-considered that he ought to be given the opportunity to develop and demonstrate insight ./Decision_for_Mr_Stephen_Adcock_R.pdf-around his behaviours.” ./Decision_for_Mr_Stephen_Adcock_R.pdf- ./Decision_for_Mr_Stephen_Adcock_R.pdf-I agree with the panel and have decided that a 2 year review period reflects the ./Decision_for_Mr_Stephen_Adcock_R.pdf-seriousness of the findings and is a proportionate period to achieve the aim of ./Decision_for_Mr_Stephen_Adcock_R.pdf-maintaining public confidence in the profession. ./Decision_for_Mr_Stephen_Adcock_R.pdf- ./Decision_for_Mr_Stephen_Adcock_R.pdf-This means that Mr Stephen Adcock is prohibited from teaching indefinitely and ./Decision_for_Mr_Stephen_Adcock_R.pdf-cannot teach in any school, sixth form college, relevant youth accommodation or ./Decision_for_Ms_Connor_Kim.pdf- b) Abuse of Position of Trust: Sexual Activity with a female aged 13-17 where she did ./Decision_for_Ms_Connor_Kim.pdf- not believe the victim was over the age of 18 on 30/09/04 – 31/12/04 contrary to the ./Decision_for_Ms_Connor_Kim.pdf- Sexual Offences Act 2003 s.16(1)(e)(i) for which she was sentenced on 07 July ./Decision_for_Ms_Connor_Kim.pdf- 2020 to 9 months imprisonment concurrent. ./Decision_for_Ms_Connor_Kim.pdf- ./Decision_for_Ms_Connor_Kim.pdf- c) Abuse of Position of Trust: Sexual Activity with a female aged 13-17 where she did ./Decision_for_Ms_Connor_Kim.pdf- not believe the victim was over the age of 18 on 30/09/04 – 31/12/04 contrary to the ./Decision_for_Ms_Connor_Kim.pdf- Sexual Offences Act 2003 s.16(1)(e)(i) for which she was sentenced on 07 July ./Decision_for_Ms_Connor_Kim.pdf- 2020 to 9 months imprisonment concurrent. ./Decision_for_Ms_Connor_Kim.pdf- ./Decision_for_Ms_Connor_Kim.pdf: d) Abuse of Position of Trust: Causing/inciting a female aged 13-17 to engage in sexual ./Decision_for_Ms_Connor_Kim.pdf- activity when she did not believe the victim was over the age of 18 on 30/09/04 – ./Decision_for_Ms_Connor_Kim.pdf- 31/12/04 contrary to Sexual Offences Act 2003 s.17(1)(e)(i) for which she was ./Decision_for_Ms_Connor_Kim.pdf- sentenced on 07 July 2020 to 9 months imprisonment concurrent. ./Decision_for_Ms_Connor_Kim.pdf- ./Decision_for_Ms_Connor_Kim.pdf: e) Abuse of Position of Trust: Causing/inciting a female aged 13-17 to engage in sexual ./Decision_for_Ms_Connor_Kim.pdf- activity when she did not believe the victim was over the age of 18 on 30/09/04- ./Decision_for_Ms_Connor_Kim.pdf- 31/12/04 contrary to Sexual Offences Act 2003 s. 17(1) (e) (i) for which she was ./Decision_for_Ms_Connor_Kim.pdf- sentenced on 07 July 2020 to 9 months imprisonment concurrent. ./Decision_for_Ms_Connor_Kim.pdf- ./Decision_for_Ms_Connor_Kim.pdf: f) Abuse of Position of Trust: Causing/inciting sexual activity with a female aged 13- ./Decision_for_Ms_Connor_Kim.pdf- 17 when she did not believe the victim was over the age of 18 on 30/09/04 – ./Decision_for_Ms_Connor_Kim.pdf- 31/12/04 contrary to Sexual Offences Act 2003 s.17(1)(e)(i) for which she was ./Decision_for_Ms_Connor_Kim.pdf- sentenced on 07 July 2020 to 9 months imprisonment concurrent. ./Decision_for_Ms_Connor_Kim.pdf- ./Decision_for_Ms_Connor_Kim.pdf- ./Decision_for_Ms_Connor_Kim.pdf- ./Decision_for_Ms_Connor_Kim.pdf- ./Decision_for_Ms_Connor_Kim.pdf- 4 ./Decision_for_Ms_Connor_Kim.pdf- -- ./Decision_for_Ms_Connor_Kim.pdf-Decision and reasons ./Decision_for_Ms_Connor_Kim.pdf-The panel announced its decision and reasons as follows: ./Decision_for_Ms_Connor_Kim.pdf- ./Decision_for_Ms_Connor_Kim.pdf-The panel carefully considered the case before it and reached a decision. ./Decision_for_Ms_Connor_Kim.pdf- ./Decision_for_Ms_Connor_Kim.pdf-Ms Connor was employed as a performing arts teacher at St Monica’s RC High School ./Decision_for_Ms_Connor_Kim.pdf-(‘the School’) from 1996 until 2015. In 2015, Ms Connor taught for one term at Stockport ./Decision_for_Ms_Connor_Kim.pdf-Academy before returning to the School in 2016, where she worked up until March 2018 ./Decision_for_Ms_Connor_Kim.pdf-when she was suspended. ./Decision_for_Ms_Connor_Kim.pdf- ./Decision_for_Ms_Connor_Kim.pdf:Between 30 September 2004 and 31 December 2004, alleged sexual misconduct took ./Decision_for_Ms_Connor_Kim.pdf-place between Ms Connor and a pupil when the pupil was [REDACTED]. The ./Decision_for_Ms_Connor_Kim.pdf-relationship continued and ended when the pupil was [REDACTED]. ./Decision_for_Ms_Connor_Kim.pdf- ./Decision_for_Ms_Connor_Kim.pdf-As a result of the above, on 5 March 2020, a criminal trial took place and Ms Connor was ./Decision_for_Ms_Connor_Kim.pdf:convicted of 3 counts of sexual activity with a child in a position of trust and 3 counts of ./Decision_for_Ms_Connor_Kim.pdf:causing or inciting a child by a person in a position of trust to engage in sexual activity. ./Decision_for_Ms_Connor_Kim.pdf- ./Decision_for_Ms_Connor_Kim.pdf- ./Decision_for_Ms_Connor_Kim.pdf- ./Decision_for_Ms_Connor_Kim.pdf- 7 ./Decision_for_Ms_Connor_Kim.pdf- -- ./Decision_for_Ms_Connor_Kim.pdf-Ms Connor was later sentenced to 9 months imprisonment to run concurrently as well as ./Decision_for_Ms_Connor_Kim.pdf:being placed on the sexual offenders register for 10 years. ./Decision_for_Ms_Connor_Kim.pdf- ./Decision_for_Ms_Connor_Kim.pdf-The DBS referred the matter to the TRA on 5 October 2020. ./Decision_for_Ms_Connor_Kim.pdf- ./Decision_for_Ms_Connor_Kim.pdf-Findings of fact ./Decision_for_Ms_Connor_Kim.pdf- ./Decision_for_Ms_Connor_Kim.pdf-The findings of fact are as follows: ./Decision_for_Ms_Connor_Kim.pdf- ./Decision_for_Ms_Connor_Kim.pdf-The panel found the following particulars of the allegations against you proved, for these ./Decision_for_Ms_Connor_Kim.pdf-reasons: ./Decision_for_Ms_Connor_Kim.pdf- -- ./Decision_for_Ms_Connor_Kim.pdf- sentenced on 07 July 2020 to 9 months imprisonment concurrent. ./Decision_for_Ms_Connor_Kim.pdf- ./Decision_for_Ms_Connor_Kim.pdf- ./Decision_for_Ms_Connor_Kim.pdf- c) Abuse of Position of Trust: Sexual Activity with a female aged 13-17 where ./Decision_for_Ms_Connor_Kim.pdf- you did not believe the victim was over the age of 18 on 30/09/04 – 31/12/04 ./Decision_for_Ms_Connor_Kim.pdf- contrary to the Sexual Offences Act 2003 s.16(1)(e)(i) for which you were ./Decision_for_Ms_Connor_Kim.pdf- sentenced on 07 July 2020 to 9 months imprisonment concurrent. ./Decision_for_Ms_Connor_Kim.pdf- ./Decision_for_Ms_Connor_Kim.pdf- ./Decision_for_Ms_Connor_Kim.pdf- d) Abuse of Position of Trust: Causing/inciting a female aged 13-17 to engage in ./Decision_for_Ms_Connor_Kim.pdf: sexual activity when you did not believe the victim was over the age of 18 on ./Decision_for_Ms_Connor_Kim.pdf- 30/09/04 – 31/12/04 contrary to Sexual Offences Act 2003 s.17(1)(e)(i) for which ./Decision_for_Ms_Connor_Kim.pdf- you were sentenced on 07 July 2020 to 9 months imprisonment concurrent. ./Decision_for_Ms_Connor_Kim.pdf- ./Decision_for_Ms_Connor_Kim.pdf- ./Decision_for_Ms_Connor_Kim.pdf- e) Abuse of Position of Trust: Causing/inciting a female aged 13-17 to engage in ./Decision_for_Ms_Connor_Kim.pdf: sexual activity when you did not believe the victim was over the age of 18 on ./Decision_for_Ms_Connor_Kim.pdf- 30/09/04- 31/12/04 contrary to Sexual Offences Act 2003 s. 17(1) (e) (i) for ./Decision_for_Ms_Connor_Kim.pdf- which you were sentenced on 07 July 2020 to 9 months imprisonment ./Decision_for_Ms_Connor_Kim.pdf- concurrent. ./Decision_for_Ms_Connor_Kim.pdf- ./Decision_for_Ms_Connor_Kim.pdf- ./Decision_for_Ms_Connor_Kim.pdf: f) Abuse of Position of Trust: Causing/inciting sexual activity with a female aged ./Decision_for_Ms_Connor_Kim.pdf- 13-17 when you did not believe the victim was over the age of 18 on 30/09/04 ./Decision_for_Ms_Connor_Kim.pdf- ./Decision_for_Ms_Connor_Kim.pdf- ./Decision_for_Ms_Connor_Kim.pdf- 8 ./Decision_for_Ms_Connor_Kim.pdf- -- ./Decision_for_Ms_Connor_Kim.pdf- – 31/12/04 contrary to Sexual Offences Act 2003 s.17(1)(e)(i) for which you ./Decision_for_Ms_Connor_Kim.pdf- were sentenced on 07 July 2020 to 9 months imprisonment concurrent. ./Decision_for_Ms_Connor_Kim.pdf- ./Decision_for_Ms_Connor_Kim.pdf-The panel considered the statement of agreed facts, signed by Ms Connor on 4 October ./Decision_for_Ms_Connor_Kim.pdf-2022. In that statement of agreed facts, Ms Connor admitted that she was convicted of 4 ./Decision_for_Ms_Connor_Kim.pdf:offences of sexual activity with a female aged 13-17 whom she did not believe to be over ./Decision_for_Ms_Connor_Kim.pdf:the age of 18 years old and 2 offences of causing/inciting sexual activity with a female ./Decision_for_Ms_Connor_Kim.pdf-aged 13-17 where she did not believe the victim was over the age of 18 years old. Ms ./Decision_for_Ms_Connor_Kim.pdf-Connor admitted that she was sentenced to 9 months imprisonment to run concurrently ./Decision_for_Ms_Connor_Kim.pdf-for the offences and further, it was admitted that the facts of the allegations amounted to ./Decision_for_Ms_Connor_Kim.pdf-a conviction of a relevant offence. ./Decision_for_Ms_Connor_Kim.pdf- ./Decision_for_Ms_Connor_Kim.pdf-The panel noted that the statement of agreed facts as signed on 4 October 2022 listed ./Decision_for_Ms_Connor_Kim.pdf:the incorrect configuration of offences, being 4 offences of sexual activity and 2 offences ./Decision_for_Ms_Connor_Kim.pdf:of causing/inciting sexual activity, whereas the certificate of conviction listed 3 offences ./Decision_for_Ms_Connor_Kim.pdf:of sexual activity and 3 offences of causing/inciting sexual activity. Despite this, Ms ./Decision_for_Ms_Connor_Kim.pdf-Connor had earlier admitted the allegations as set out correctly within the response to ./Decision_for_Ms_Connor_Kim.pdf-the notice of referral dated 12 May 2022. On this basis, the panel was satisfied that Ms ./Decision_for_Ms_Connor_Kim.pdf-Connor admitted the allegations. ./Decision_for_Ms_Connor_Kim.pdf- ./Decision_for_Ms_Connor_Kim.pdf-Ms Connor acknowledged that she did not appeal the conviction in the criminal courts. ./Decision_for_Ms_Connor_Kim.pdf-However, she wished to record that she does not agree with the convictions. The panel ./Decision_for_Ms_Connor_Kim.pdf-also noted that Ms Connor had pled not guilty within the criminal trial but had ./Decision_for_Ms_Connor_Kim.pdf-subsequently been found guilty and sentenced. ./Decision_for_Ms_Connor_Kim.pdf- ./Decision_for_Ms_Connor_Kim.pdf-The panel noted page 8 of the Teacher misconduct: The prohibition of teachers (‘the ./Decision_for_Ms_Connor_Kim.pdf-Advice’) which states that where there has been a conviction at any time, of a criminal ./Decision_for_Ms_Connor_Kim.pdf-offence, the panel will accept the certificate of conviction as conclusive proof of both the ./Decision_for_Ms_Connor_Kim.pdf-conviction and the facts necessarily implied by the conviction, unless exceptional ./Decision_for_Ms_Connor_Kim.pdf-circumstances apply. The panel did not find that any exceptional circumstances applied ./Decision_for_Ms_Connor_Kim.pdf-in this case. ./Decision_for_Ms_Connor_Kim.pdf- ./Decision_for_Ms_Connor_Kim.pdf-The panel had been provided with a copy of the certificate of conviction from Manchester ./Decision_for_Ms_Connor_Kim.pdf-Minshull Street Crown Court, which had been amended by a final amended certificate of ./Decision_for_Ms_Connor_Kim.pdf-conviction or finding, which detailed that Ms Connor had been convicted of 3 counts of ./Decision_for_Ms_Connor_Kim.pdf:“sexual activity with a girl 13-17 offender no belief she is 18 – abuse of position of trust” ./Decision_for_Ms_Connor_Kim.pdf:and 3 counts of “cause/incite sexual activity with a girl 13 to 17 of abuse of position of ./Decision_for_Ms_Connor_Kim.pdf-trust – not s.21 premises – offender 18 or over”. ./Decision_for_Ms_Connor_Kim.pdf- ./Decision_for_Ms_Connor_Kim.pdf-In respect of the allegations, Ms Connor was sentenced at Manchester Minshull Street ./Decision_for_Ms_Connor_Kim.pdf-Crown Court on 7 July 2020 to 9 months imprisonment to run concurrently. In addition, ./Decision_for_Ms_Connor_Kim.pdf:she was placed on the sex offenders register pursuant to section 92 of the Sexual ./Decision_for_Ms_Connor_Kim.pdf-Offences Act 2003, for 10 years. ./Decision_for_Ms_Connor_Kim.pdf- ./Decision_for_Ms_Connor_Kim.pdf- ./Decision_for_Ms_Connor_Kim.pdf- ./Decision_for_Ms_Connor_Kim.pdf- 9 ./Decision_for_Ms_Connor_Kim.pdf- -- ./Decision_for_Ms_Connor_Kim.pdf-impact on the safety and/or security of pupils. ./Decision_for_Ms_Connor_Kim.pdf- ./Decision_for_Ms_Connor_Kim.pdf-The panel also took account of the way the teaching profession is viewed by others. The ./Decision_for_Ms_Connor_Kim.pdf-panel considered that Ms Connor’s behaviour in committing the offence could affect ./Decision_for_Ms_Connor_Kim.pdf-public confidence in the teaching profession, given the influence that teachers may have ./Decision_for_Ms_Connor_Kim.pdf-on pupils, parents and others in the community. ./Decision_for_Ms_Connor_Kim.pdf- ./Decision_for_Ms_Connor_Kim.pdf-The panel noted that Ms Connor’s behaviour ultimately led to a sentence of ./Decision_for_Ms_Connor_Kim.pdf-imprisonment, which was indicative of the seriousness of the offences committed. ./Decision_for_Ms_Connor_Kim.pdf- ./Decision_for_Ms_Connor_Kim.pdf:This was a case concerning an offence involving sexual activity, which the Advice states ./Decision_for_Ms_Connor_Kim.pdf-is more likely to be considered a relevant offence. ./Decision_for_Ms_Connor_Kim.pdf- ./Decision_for_Ms_Connor_Kim.pdf-The panel found that the seriousness of the offending behaviour that led to the ./Decision_for_Ms_Connor_Kim.pdf:conviction, and in particular that it involved sexual activity with a child who was and had ./Decision_for_Ms_Connor_Kim.pdf-previously been a pupil in her care, was relevant to Ms Connor’s ongoing suitability to ./Decision_for_Ms_Connor_Kim.pdf-teach. The panel considered that a finding that these convictions were for relevant ./Decision_for_Ms_Connor_Kim.pdf-offences was necessary to reaffirm clear standards of conduct so as to maintain public ./Decision_for_Ms_Connor_Kim.pdf-confidence in the teaching profession. ./Decision_for_Ms_Connor_Kim.pdf- ./Decision_for_Ms_Connor_Kim.pdf- 10 ./Decision_for_Ms_Connor_Kim.pdf- -- ./Decision_for_Ms_Connor_Kim.pdf-effect. ./Decision_for_Ms_Connor_Kim.pdf- ./Decision_for_Ms_Connor_Kim.pdf-The panel had regard to the particular public interest considerations set out in the Advice ./Decision_for_Ms_Connor_Kim.pdf-and, having done so, found a number of them to be relevant in this case, namely: the ./Decision_for_Ms_Connor_Kim.pdf-safeguarding and wellbeing of pupils; the maintenance of public confidence in the ./Decision_for_Ms_Connor_Kim.pdf-profession; declaring and upholding proper standards of conduct; and that prohibition ./Decision_for_Ms_Connor_Kim.pdf-strikes the right balance between the rights of the teacher and the public interest, if they ./Decision_for_Ms_Connor_Kim.pdf-are in conflict. ./Decision_for_Ms_Connor_Kim.pdf- ./Decision_for_Ms_Connor_Kim.pdf-In the light of the panel’s findings against Ms Connor, which involved a finding that there ./Decision_for_Ms_Connor_Kim.pdf:had been conviction for 3 counts of sexual activity with a child in a position of trust and 3 ./Decision_for_Ms_Connor_Kim.pdf:counts of causing/inciting a child by a person in a position of trust to engage in sexual ./Decision_for_Ms_Connor_Kim.pdf-activity, there was a strong public interest consideration in respect of the protection of ./Decision_for_Ms_Connor_Kim.pdf-pupils, given the extremely serious findings of inappropriate relationships with children. ./Decision_for_Ms_Connor_Kim.pdf- ./Decision_for_Ms_Connor_Kim.pdf-Similarly, the panel considered that public confidence in the profession could be seriously ./Decision_for_Ms_Connor_Kim.pdf-weakened if conduct such as that found against Ms Connor was not treated with the ./Decision_for_Ms_Connor_Kim.pdf-utmost seriousness when regulating the conduct of the profession. ./Decision_for_Ms_Connor_Kim.pdf- ./Decision_for_Ms_Connor_Kim.pdf-The panel was of the view that a strong public interest consideration in declaring proper ./Decision_for_Ms_Connor_Kim.pdf-standards of conduct in the profession was also present as the conduct found against Ms ./Decision_for_Ms_Connor_Kim.pdf-Connor was outside that which could reasonably be tolerated. -- ./Decision_for_Ms_Connor_Kim.pdf- • the commission of a serious criminal offence, including those that resulted in a ./Decision_for_Ms_Connor_Kim.pdf- conviction or caution, paying particular attention to offences that are ‘relevant ./Decision_for_Ms_Connor_Kim.pdf- matters’ for the purposes of The Police Act 1997 and criminal record disclosures. ./Decision_for_Ms_Connor_Kim.pdf- ./Decision_for_Ms_Connor_Kim.pdf- • misconduct seriously affecting the education and/or well-being of pupils, and ./Decision_for_Ms_Connor_Kim.pdf- particularly where there is a continuing risk; ./Decision_for_Ms_Connor_Kim.pdf- ./Decision_for_Ms_Connor_Kim.pdf- • abuse of position or trust (particularly involving pupils); ./Decision_for_Ms_Connor_Kim.pdf- ./Decision_for_Ms_Connor_Kim.pdf- • any abuse of any trust, knowledge or influence grained through their professional ./Decision_for_Ms_Connor_Kim.pdf: position in order to advance a romantic or sexual relationship with a pupil or former ./Decision_for_Ms_Connor_Kim.pdf- pupil; ./Decision_for_Ms_Connor_Kim.pdf- ./Decision_for_Ms_Connor_Kim.pdf: • sexual misconduct, for example, involving actions that were sexually motivated or ./Decision_for_Ms_Connor_Kim.pdf: of a sexual nature and/or that use or exploit the trust, knowledge or influence ./Decision_for_Ms_Connor_Kim.pdf- derived from the individual’s professional position; ./Decision_for_Ms_Connor_Kim.pdf- ./Decision_for_Ms_Connor_Kim.pdf- • violating of the rights of pupils; ./Decision_for_Ms_Connor_Kim.pdf- ./Decision_for_Ms_Connor_Kim.pdf- • sustained or serious bullying, or other deliberate behaviour that undermines pupils, ./Decision_for_Ms_Connor_Kim.pdf- the profession, the school or colleagues; ./Decision_for_Ms_Connor_Kim.pdf- ./Decision_for_Ms_Connor_Kim.pdf-Even though some of the behaviour found proved in this case indicated that a prohibition ./Decision_for_Ms_Connor_Kim.pdf-order would be appropriate, the panel went on to consider the mitigating factors. ./Decision_for_Ms_Connor_Kim.pdf-Mitigating factors may indicate that a prohibition order would not be appropriate or ./Decision_for_Ms_Connor_Kim.pdf-proportionate. ./Decision_for_Ms_Connor_Kim.pdf- ./Decision_for_Ms_Connor_Kim.pdf-There was no evidence that Ms Connor’s actions were not deliberate, in fact the panel ./Decision_for_Ms_Connor_Kim.pdf-noted the Judge’s sentencing remarks which stated, “These were not isolated incidents. ./Decision_for_Ms_Connor_Kim.pdf:[the Pupil] was groomed and manipulated.” ./Decision_for_Ms_Connor_Kim.pdf- ./Decision_for_Ms_Connor_Kim.pdf-There was no evidence to suggest that Ms Connor was acting under extreme duress, ./Decision_for_Ms_Connor_Kim.pdf-and, in fact, the panel found Ms Connor’s actions to be calculated and motivated. ./Decision_for_Ms_Connor_Kim.pdf- ./Decision_for_Ms_Connor_Kim.pdf-No evidence was submitted to attest to Ms Connor’s history or ability as a teacher. Nor ./Decision_for_Ms_Connor_Kim.pdf-was any evidence submitted which demonstrated exceptionally high standards in both ./Decision_for_Ms_Connor_Kim.pdf-personal and professional conduct or that Ms Connor has contributed significantly to the ./Decision_for_Ms_Connor_Kim.pdf-education sector. ./Decision_for_Ms_Connor_Kim.pdf- ./Decision_for_Ms_Connor_Kim.pdf-The panel noted the sentencing remarks submitted as part of the bundle, which noted -- ./Decision_for_Ms_Connor_Kim.pdf-to the Secretary of State that a prohibition order should be imposed with immediate ./Decision_for_Ms_Connor_Kim.pdf-effect. ./Decision_for_Ms_Connor_Kim.pdf- ./Decision_for_Ms_Connor_Kim.pdf-The panel went on to consider whether or not it would be appropriate for it to decide to ./Decision_for_Ms_Connor_Kim.pdf-recommend a review period of the order. The panel was mindful that the Advice states ./Decision_for_Ms_Connor_Kim.pdf-that a prohibition order applies for life, but there may be circumstances, in any given ./Decision_for_Ms_Connor_Kim.pdf-case, that may make it appropriate to allow a teacher to apply to have the prohibition ./Decision_for_Ms_Connor_Kim.pdf-order reviewed after a specified period of time that may not be less than 2 years. ./Decision_for_Ms_Connor_Kim.pdf- ./Decision_for_Ms_Connor_Kim.pdf-The Advice indicates that there are behaviours that, if proved, would militate against the ./Decision_for_Ms_Connor_Kim.pdf:recommendation of a review period. One of these behaviours include serious sexual ./Decision_for_Ms_Connor_Kim.pdf:misconduct, such as where the act was sexually motivated and resulted in, or had the ./Decision_for_Ms_Connor_Kim.pdf-potential to result in, harm to a person or persons, particularly where the individual has ./Decision_for_Ms_Connor_Kim.pdf-used her professional position to influence or exploit a person or persons. The panel ./Decision_for_Ms_Connor_Kim.pdf:found that Ms Connor was convicted of 3 counts of sexual activity with a child and 3 ./Decision_for_Ms_Connor_Kim.pdf:counts of causing or inciting a child to engage in sexual activity. ./Decision_for_Ms_Connor_Kim.pdf- ./Decision_for_Ms_Connor_Kim.pdf-The panel decided that the findings indicated a situation in which a review period would ./Decision_for_Ms_Connor_Kim.pdf-not be appropriate and, as such, decided that it would be proportionate, in all the ./Decision_for_Ms_Connor_Kim.pdf- ./Decision_for_Ms_Connor_Kim.pdf- 13 ./Decision_for_Ms_Connor_Kim.pdf- -- ./Decision_for_Ms_Connor_Kim.pdf-I have also considered the impact of a prohibition order on Ms Connor herself. The panel ./Decision_for_Ms_Connor_Kim.pdf-comment “No evidence was submitted to attest to Ms Connor’s history or ability as a ./Decision_for_Ms_Connor_Kim.pdf-teacher. Nor was any evidence submitted which demonstrated exceptionally high ./Decision_for_Ms_Connor_Kim.pdf-standards in both personal and professional conduct or that Ms Connor has contributed ./Decision_for_Ms_Connor_Kim.pdf-significantly to the education sector.” ./Decision_for_Ms_Connor_Kim.pdf- ./Decision_for_Ms_Connor_Kim.pdf-A prohibition order would prevent Ms Connor from teaching and would also clearly ./Decision_for_Ms_Connor_Kim.pdf-deprive the public of her contribution to the profession for the period that it is in force. ./Decision_for_Ms_Connor_Kim.pdf- ./Decision_for_Ms_Connor_Kim.pdf-In this case, I have placed considerable weight on the panel’s comments, “The panel ./Decision_for_Ms_Connor_Kim.pdf:found that Ms Connor was convicted of 3 counts of sexual activity with a child and 3 ./Decision_for_Ms_Connor_Kim.pdf:counts of causing or inciting a child to engage in sexual activity.” ./Decision_for_Ms_Connor_Kim.pdf- ./Decision_for_Ms_Connor_Kim.pdf- ./Decision_for_Ms_Connor_Kim.pdf- 15 ./Decision_for_Ms_Connor_Kim.pdf- -- ./Decision_for_Ms_Connor_Kim.pdf-confidence in the profession. ./Decision_for_Ms_Connor_Kim.pdf- ./Decision_for_Ms_Connor_Kim.pdf-For these reasons, I have concluded that a prohibition order is proportionate and in the ./Decision_for_Ms_Connor_Kim.pdf-public interest in order to achieve the intended aims of a prohibition order. ./Decision_for_Ms_Connor_Kim.pdf- ./Decision_for_Ms_Connor_Kim.pdf-I have gone on to consider the matter of a review period. In this case, the panel has ./Decision_for_Ms_Connor_Kim.pdf-recommended that no provision should be made for a review period. ./Decision_for_Ms_Connor_Kim.pdf- ./Decision_for_Ms_Connor_Kim.pdf-I have considered the panel’s comments “The Advice indicates that there are behaviours ./Decision_for_Ms_Connor_Kim.pdf-that, if proved, would militate against the recommendation of a review period. One of ./Decision_for_Ms_Connor_Kim.pdf:these behaviours include serious sexual misconduct, such as where the act was sexually ./Decision_for_Ms_Connor_Kim.pdf-motivated and resulted in, or had the potential to result in, harm to a person or persons, ./Decision_for_Ms_Connor_Kim.pdf-particularly where the individual has used her professional position to influence or exploit ./Decision_for_Ms_Connor_Kim.pdf-a person or persons. The panel found that Ms Connor was convicted of 3 counts of ./Decision_for_Ms_Connor_Kim.pdf:sexual activity with a child and 3 counts of causing or inciting a child to engage in sexual ./Decision_for_Ms_Connor_Kim.pdf-activity.” ./Decision_for_Ms_Connor_Kim.pdf- ./Decision_for_Ms_Connor_Kim.pdf-I have considered whether not allowing a review period reflects the seriousness of the ./Decision_for_Ms_Connor_Kim.pdf-findings and is proportionate to achieve the aim of maintaining public confidence in the ./Decision_for_Ms_Connor_Kim.pdf-profession. In this case, the factors which mean that not allowing for a review period is ./Decision_for_Ms_Connor_Kim.pdf-necessary are the serious nature of the convictions and the lack of insight and remorse. ./Decision_for_Ms_Connor_Kim.pdf- ./Decision_for_Ms_Connor_Kim.pdf-I consider therefore that allowing for no review period is necessary to maintain public ./Decision_for_Ms_Connor_Kim.pdf-confidence and is proportionate and in the public interest. ./Decision_for_Ms_Connor_Kim.pdf- ./Decision_for_Tucker_Jeremy.pdf- ./Decision_for_Tucker_Jeremy.pdf- iv. in or around September/October 2018 stating that a female pupil had a ./Decision_for_Tucker_Jeremy.pdf- smaller ‘arsehole’; ./Decision_for_Tucker_Jeremy.pdf- ./Decision_for_Tucker_Jeremy.pdf- v. stating “I’m going to knock your head off and shit down your throat” or using ./Decision_for_Tucker_Jeremy.pdf- words to that effect; ./Decision_for_Tucker_Jeremy.pdf- ./Decision_for_Tucker_Jeremy.pdf- vi. by calling pupils idiots and/or mocking pupils; ./Decision_for_Tucker_Jeremy.pdf- ./Decision_for_Tucker_Jeremy.pdf-2. His behaviour as may be found proven at allegation 1(b)(i) and/or 1(b)(ii) above was ./Decision_for_Tucker_Jeremy.pdf: conduct of a sexual nature and/or was sexually motived; ./Decision_for_Tucker_Jeremy.pdf- ./Decision_for_Tucker_Jeremy.pdf-3. He placed one or more pupils at increased risk of injury and/or harm, including by; ./Decision_for_Tucker_Jeremy.pdf- ./Decision_for_Tucker_Jeremy.pdf- a) kicking and/or flipping tables in the presence of one or more pupils; ./Decision_for_Tucker_Jeremy.pdf- ./Decision_for_Tucker_Jeremy.pdf- b) sending pupils to the food technology room and/or mechanical engineering room ./Decision_for_Tucker_Jeremy.pdf- without adequate supervision; ./Decision_for_Tucker_Jeremy.pdf- ./Decision_for_Tucker_Jeremy.pdf- c) driving a vehicle with one or more pupils as passengers after consuming alcohol; ./Decision_for_Tucker_Jeremy.pdf- -- ./Decision_for_Tucker_Jeremy.pdf-been misbehaving, shouting loudly “I’m going to knock your head off and shit down your ./Decision_for_Tucker_Jeremy.pdf-throat”. ./Decision_for_Tucker_Jeremy.pdf- ./Decision_for_Tucker_Jeremy.pdf-Witness D explained that Mr Tucker had used inappropriate language with pupils, calling ./Decision_for_Tucker_Jeremy.pdf-them names and belittling them, such as calling pupils idiots especially during ./Decision_for_Tucker_Jeremy.pdf-assemblies. Mr Tucker also mocked pupils by repeating what they said in a silly tone to ./Decision_for_Tucker_Jeremy.pdf-belittle them. ./Decision_for_Tucker_Jeremy.pdf- ./Decision_for_Tucker_Jeremy.pdf-On 4 October 2018, Mr Tucker conducted an assembly to around 20 pupils form Year 7 ./Decision_for_Tucker_Jeremy.pdf-to Year 11. The assembly related to a new part of the keeping children safe in education ./Decision_for_Tucker_Jeremy.pdf:guidance and Mr Tucker was talking about how sexualised comments towards staff ./Decision_for_Tucker_Jeremy.pdf- ./Decision_for_Tucker_Jeremy.pdf- 11 ./Decision_for_Tucker_Jeremy.pdf- -- ./Decision_for_Tucker_Jeremy.pdf-remembered this due to her prior knowledge of Pupil C. It was reported that both she and ./Decision_for_Tucker_Jeremy.pdf-Pupil C were shocked by this comment. ./Decision_for_Tucker_Jeremy.pdf- ./Decision_for_Tucker_Jeremy.pdf-Mr Tucker in his written evidence could not recall the majority of the incidents but ./Decision_for_Tucker_Jeremy.pdf-accepted he had said the comment in the assembly. The panel found the witnesses ./Decision_for_Tucker_Jeremy.pdf-consistent with each other and accepted their version of events. ./Decision_for_Tucker_Jeremy.pdf- ./Decision_for_Tucker_Jeremy.pdf-The panel found all of the allegations proved. ./Decision_for_Tucker_Jeremy.pdf- ./Decision_for_Tucker_Jeremy.pdf-2. Your behaviour as may be found proven at allegation 1bi and/or 1bii above was ./Decision_for_Tucker_Jeremy.pdf: conduct of a sexual nature and/or was sexually motived; ./Decision_for_Tucker_Jeremy.pdf- ./Decision_for_Tucker_Jeremy.pdf-The panel considered this allegation with great care having heard all of the evidence ./Decision_for_Tucker_Jeremy.pdf-available to them. They considered that the School was clearly a challenging place to ./Decision_for_Tucker_Jeremy.pdf-work given the variety of needs of the pupils. ./Decision_for_Tucker_Jeremy.pdf- ./Decision_for_Tucker_Jeremy.pdf-The panel were of the view that Mr Tucker was trying to uphold the standards within the ./Decision_for_Tucker_Jeremy.pdf-School and make improvements where he could. Having said that it was clear to the ./Decision_for_Tucker_Jeremy.pdf-panel that he had gone about this in the wrong way and should have considered his ./Decision_for_Tucker_Jeremy.pdf-actions and comments more carefully. ./Decision_for_Tucker_Jeremy.pdf- ./Decision_for_Tucker_Jeremy.pdf-Upon consideration of all of the evidence the panel did not find that the allegations were ./Decision_for_Tucker_Jeremy.pdf:conduct of a sexual nature and or sexually motivated. ./Decision_for_Tucker_Jeremy.pdf- ./Decision_for_Tucker_Jeremy.pdf-3. You placed one or more pupils at increased risk of injury and/or harm, including ./Decision_for_Tucker_Jeremy.pdf- by; ./Decision_for_Tucker_Jeremy.pdf- ./Decision_for_Tucker_Jeremy.pdf- a) flipping tables in the presence of one or more pupils; ./Decision_for_Tucker_Jeremy.pdf- ./Decision_for_Tucker_Jeremy.pdf- ./Decision_for_Tucker_Jeremy.pdf- ./Decision_for_Tucker_Jeremy.pdf- 12 ./Decision_for_Tucker_Jeremy.pdf- -- ./Decision_for_Tucker_Jeremy.pdf-I have given very careful consideration to this case and to the recommendation of the ./Decision_for_Tucker_Jeremy.pdf-panel in respect of both sanction and review period. ./Decision_for_Tucker_Jeremy.pdf- ./Decision_for_Tucker_Jeremy.pdf-In considering this case, I have also given very careful attention to the Advice that the ./Decision_for_Tucker_Jeremy.pdf-Secretary of State has published concerning the prohibition of teachers. ./Decision_for_Tucker_Jeremy.pdf- ./Decision_for_Tucker_Jeremy.pdf-In this case, the panel has found a number of the allegations proven and found that those ./Decision_for_Tucker_Jeremy.pdf-proven facts amount to unacceptable professional conduct and conduct that may bring ./Decision_for_Tucker_Jeremy.pdf-the profession into disrepute. In this case, the panel has found some of the allegations ./Decision_for_Tucker_Jeremy.pdf-not proven including allegation 2, “Your behaviour as may be found proven at allegation ./Decision_for_Tucker_Jeremy.pdf:1bi and/or 1bii above was conduct of a sexual nature and/or was sexually motived”, I ./Decision_for_Tucker_Jeremy.pdf-have therefore put those matters entirely from my mind. ./Decision_for_Tucker_Jeremy.pdf- ./Decision_for_Tucker_Jeremy.pdf-The panel has made a recommendation to the Secretary of State that Mr Jeremy Tucker ./Decision_for_Tucker_Jeremy.pdf-should be the subject of a prohibition order, with a review period of three years. ./Decision_for_Tucker_Jeremy.pdf- ./Decision_for_Tucker_Jeremy.pdf-In particular, the panel has found that Mr Tucker is in breach of the following standards: ./Decision_for_Tucker_Jeremy.pdf- ./Decision_for_Tucker_Jeremy.pdf- • Teachers uphold public trust in the profession and maintain high standards of ./Decision_for_Tucker_Jeremy.pdf- ethics and behaviour, within and outside School, by ./Decision_for_Tucker_Jeremy.pdf- ./Decision_for_Wooldridge_James.pdf-Teacher: Mr James Wooldridge ./Decision_for_Wooldridge_James.pdf- ./Decision_for_Wooldridge_James.pdf-Teacher ref number: 8844550 ./Decision_for_Wooldridge_James.pdf- ./Decision_for_Wooldridge_James.pdf-Teacher date of birth: 20 October 1966 ./Decision_for_Wooldridge_James.pdf- ./Decision_for_Wooldridge_James.pdf-TRA reference: 18785 ./Decision_for_Wooldridge_James.pdf- ./Decision_for_Wooldridge_James.pdf-Date of determination: 24 October 2022 ./Decision_for_Wooldridge_James.pdf- ./Decision_for_Wooldridge_James.pdf:Former employer: Eastbourne College, East Sussex ./Decision_for_Wooldridge_James.pdf- ./Decision_for_Wooldridge_James.pdf- ./Decision_for_Wooldridge_James.pdf-Introduction ./Decision_for_Wooldridge_James.pdf-A professional conduct panel (“the panel”) of the Teaching Regulation Agency (“the ./Decision_for_Wooldridge_James.pdf-TRA”) convened virtually on 20 September 2022 to 26 September 2022, to consider the ./Decision_for_Wooldridge_James.pdf-case of Mr James Wooldridge (“Mr Wooldridge”). The panel reconvened the virtual ./Decision_for_Wooldridge_James.pdf-hearing on 20 October 2022 and 24 October 2022 to conclude the case of Mr ./Decision_for_Wooldridge_James.pdf-Wooldridge. ./Decision_for_Wooldridge_James.pdf- ./Decision_for_Wooldridge_James.pdf-The panel members were Ms Jo Palmer-Tweed (teacher panellist – in the chair), Mr -- ./Decision_for_Wooldridge_James.pdf- ./Decision_for_Wooldridge_James.pdf-It was alleged that Mr Wooldridge was guilty of unacceptable professional conduct and/or ./Decision_for_Wooldridge_James.pdf-conduct that may bring the profession into disrepute, in that whilst employed as a teacher ./Decision_for_Wooldridge_James.pdf-at the Eastbourne College between 1 April 2018 to 20 September 2019: ./Decision_for_Wooldridge_James.pdf- ./Decision_for_Wooldridge_James.pdf- 1) He failed to maintain appropriate boundaries and/or engaged in an inappropriate ./Decision_for_Wooldridge_James.pdf- relationship with Pupil A in that he: ./Decision_for_Wooldridge_James.pdf- a. exchanged text messages with her from approximately November 2010; ./Decision_for_Wooldridge_James.pdf- b. encouraged and/or instructed her to save his contact details in her phone under ./Decision_for_Wooldridge_James.pdf- a different name; ./Decision_for_Wooldridge_James.pdf: c. engaged in one or more conversations of a sexual nature with her during the ./Decision_for_Wooldridge_James.pdf- 2011/12 academic year and/or asked her: ./Decision_for_Wooldridge_James.pdf: i. about the extent of her sexual experience in or around September 2011; ./Decision_for_Wooldridge_James.pdf: ii. what age was too old for her in the context of relationships and/or sexual ./Decision_for_Wooldridge_James.pdf- activity in or around September 2011; ./Decision_for_Wooldridge_James.pdf- d. visited and/or met with her 1:1 in her boarding room at the school on one or ./Decision_for_Wooldridge_James.pdf- more occasions during the 2011/12 academic year; ./Decision_for_Wooldridge_James.pdf- ./Decision_for_Wooldridge_James.pdf- e. on or around 2 February 2012: ./Decision_for_Wooldridge_James.pdf- ./Decision_for_Wooldridge_James.pdf- i. invited Pupil A to his home; ./Decision_for_Wooldridge_James.pdf- ./Decision_for_Wooldridge_James.pdf- ii. drove pupil A to his home; ./Decision_for_Wooldridge_James.pdf- -- ./Decision_for_Wooldridge_James.pdf- iv. received cufflinks from her with the personalised message ‘cricket’ and ./Decision_for_Wooldridge_James.pdf- ‘118’ in or around June 2012; ./Decision_for_Wooldridge_James.pdf- h. Met her 1:1 for coffee in the local town in or around February 2012; ./Decision_for_Wooldridge_James.pdf- ./Decision_for_Wooldridge_James.pdf- i. Gave her his new mobile number on or around 28 June 2012; ./Decision_for_Wooldridge_James.pdf- ./Decision_for_Wooldridge_James.pdf- j. Met her 1:1 for coffee in the local town on results day on or around 20 August ./Decision_for_Wooldridge_James.pdf- 2012; ./Decision_for_Wooldridge_James.pdf- ./Decision_for_Wooldridge_James.pdf: k. Engaged in an intimate and/or sexual relationship with her following her ./Decision_for_Wooldridge_James.pdf- departure from the school, in particular he: ./Decision_for_Wooldridge_James.pdf- ./Decision_for_Wooldridge_James.pdf- i. kissed her on or around 17 September 2012; ./Decision_for_Wooldridge_James.pdf- ./Decision_for_Wooldridge_James.pdf- ii. discussed feelings of love with her in or around January 2013; ./Decision_for_Wooldridge_James.pdf- ./Decision_for_Wooldridge_James.pdf: iii. discussed sexual activity with her in or around March 2013; ./Decision_for_Wooldridge_James.pdf- ./Decision_for_Wooldridge_James.pdf- iv. met her 1:1 at a hotel in or around March 2013; ./Decision_for_Wooldridge_James.pdf- ./Decision_for_Wooldridge_James.pdf: v. engaged in physical / sexual contact with her on or around 8 April 2013 at ./Decision_for_Wooldridge_James.pdf- his home; ./Decision_for_Wooldridge_James.pdf- ./Decision_for_Wooldridge_James.pdf- vi. engaged in intercourse with her in or around May 2013; ./Decision_for_Wooldridge_James.pdf- ./Decision_for_Wooldridge_James.pdf-2) Failed to follow management warnings and/or instructions and/or demonstrate ./Decision_for_Wooldridge_James.pdf- insight into previous concerns in respect of your conduct towards Pupil A, in ./Decision_for_Wooldridge_James.pdf- particular: ./Decision_for_Wooldridge_James.pdf- a. his conduct in texting her at 1(a) continued after: ./Decision_for_Wooldridge_James.pdf- i. a meeting on 6 December 2010 at which he agreed not to text her; ./Decision_for_Wooldridge_James.pdf- ii. a letter dated 21 June 2011 instructing him not to text pupils without -- ./Decision_for_Wooldridge_James.pdf- attempted contact from Pupil A; ./Decision_for_Wooldridge_James.pdf- ./Decision_for_Wooldridge_James.pdf- 3) Provided misleading and/or inaccurate to the school in or around February 2012 ./Decision_for_Wooldridge_James.pdf- as part of their investigation into his conduct towards Pupil A in that he: ./Decision_for_Wooldridge_James.pdf- a. stated that his text communication with Pupil A had been limited to 6 messages ./Decision_for_Wooldridge_James.pdf- and/or the preceding 3 weeks in time and/or the topic of her invitation to his family ./Decision_for_Wooldridge_James.pdf- skiing holiday when this was not in fact the case; ./Decision_for_Wooldridge_James.pdf- b. stated that he had decided to delete Pupil A from his phone yourself when in ./Decision_for_Wooldridge_James.pdf- fact he had deleted his messages with her as a result of her informing him to do ./Decision_for_Wooldridge_James.pdf- so; ./Decision_for_Wooldridge_James.pdf: 4) His conduct as may be found proven as Allegations 1-2 was sexually motivated. ./Decision_for_Wooldridge_James.pdf- ./Decision_for_Wooldridge_James.pdf- 5) His conduct as may be found proven at Allegations 1(b) and/or 1(e)(iii) and/or ./Decision_for_Wooldridge_James.pdf- 1(e)(viii) and/or 3(a)-(b) was dishonest and/or lacked integrity. ./Decision_for_Wooldridge_James.pdf- ./Decision_for_Wooldridge_James.pdf-Mr Wooldridge admitted to the facts of allegations 1(a), 1(d), 1(e)(i), 1(e)(ii),1(e)(iv) (in ./Decision_for_Wooldridge_James.pdf-respect of the tour around his home only, and not upstairs), 1(e)(v), 1(e)(vi), 1(f), 1(g)(i), ./Decision_for_Wooldridge_James.pdf-1(g)(ii), 1(g)(iii), 1(g)(iv), 1(h), 1(i), 1(j), 1(k)(ii), 1(k)(v) (only in respect of physical contact, ./Decision_for_Wooldridge_James.pdf:not sexual), 1(k)(vi), 2(a)(i), 2(a)(ii), 2(c)(i), 2(c)(ii), 2(d)(i), 2(d)(ii) and 4 (in respect of ./Decision_for_Wooldridge_James.pdf-allegation 1(k)(vi)) only and not in respect of any of the other allegations). ./Decision_for_Wooldridge_James.pdf- ./Decision_for_Wooldridge_James.pdf-Mr Wooldridge denied the facts of allegations 1(b), 1(c)(i), 1(c)(ii), 1(e)(iii), 1(e)(vii), ./Decision_for_Wooldridge_James.pdf-1(e)(viii), 1(k)(i), 1(k)(iii), 1(k)(iv), 2(a)(iii), 2(b)(i), 2(b)(ii), 3(a), 3(b) and 5. ./Decision_for_Wooldridge_James.pdf- ./Decision_for_Wooldridge_James.pdf-Mr Wooldridge denied that his conduct in the admitted allegations amounted to ./Decision_for_Wooldridge_James.pdf-unacceptable professional conduct and/or conduct that may bring the profession into ./Decision_for_Wooldridge_James.pdf-disrepute. ./Decision_for_Wooldridge_James.pdf- ./Decision_for_Wooldridge_James.pdf- ./Decision_for_Wooldridge_James.pdf-Preliminary applications ./Decision_for_Wooldridge_James.pdf-Excluding the Public ./Decision_for_Wooldridge_James.pdf- ./Decision_for_Wooldridge_James.pdf-The panel considered whether to exercise its discretion under paragraph 11 of the ./Decision_for_Wooldridge_James.pdf-Teachers’ Disciplinary (England) Regulations 2012 (the “Regulations”) and paragraph ./Decision_for_Wooldridge_James.pdf-4.57 of the Teacher Misconduct: Disciplinary Procedures for the Teaching Profession ./Decision_for_Wooldridge_James.pdf-(the “Procedures”) to exclude the public from part of the hearing. This followed a request ./Decision_for_Wooldridge_James.pdf:by the teacher’s representative that part of the hearing relating to the teacher’s sexual ./Decision_for_Wooldridge_James.pdf-conduct and his health should be heard in private. ./Decision_for_Wooldridge_James.pdf- ./Decision_for_Wooldridge_James.pdf-Teacher’s health ./Decision_for_Wooldridge_James.pdf- ./Decision_for_Wooldridge_James.pdf-The panel determined to exercise its discretion under paragraph 11(3)(b) of the ./Decision_for_Wooldridge_James.pdf-Regulations and the second bullet point of paragraph 4.57 of the Procedures that the ./Decision_for_Wooldridge_James.pdf-public should be excluded from part of the hearing, solely with reference to the teacher’s ./Decision_for_Wooldridge_James.pdf-health. ./Decision_for_Wooldridge_James.pdf- ./Decision_for_Wooldridge_James.pdf- 6 -- ./Decision_for_Wooldridge_James.pdf-and/or conduct that may bring the profession into disrepute. In the event that the case ./Decision_for_Wooldridge_James.pdf-continues any decision made by the Secretary of State will also be in public. The panel ./Decision_for_Wooldridge_James.pdf-considered that in the circumstances of this case, the public interest will be satisfied by ./Decision_for_Wooldridge_James.pdf-these public announcements. These public announcements will ensure that public ./Decision_for_Wooldridge_James.pdf-confidence in these proceedings and in the standards of the profession are maintained. ./Decision_for_Wooldridge_James.pdf- ./Decision_for_Wooldridge_James.pdf-Sexual conduct ./Decision_for_Wooldridge_James.pdf- ./Decision_for_Wooldridge_James.pdf-The panel determined not to exercise its discretion under paragraph 11(3)(b) of “the ./Decision_for_Wooldridge_James.pdf-Regulations” and the second bullet point of paragraph 4.57 of “the Procedures” that the ./Decision_for_Wooldridge_James.pdf:public should be excluded from part of the hearing relating to the teacher’s sexual ./Decision_for_Wooldridge_James.pdf-conduct. ./Decision_for_Wooldridge_James.pdf- ./Decision_for_Wooldridge_James.pdf-The panel took into account the general rule that hearings should be held in public and ./Decision_for_Wooldridge_James.pdf-that this is desirable to maintain public confidence in the administration of these ./Decision_for_Wooldridge_James.pdf-proceedings and also to maintain confidence in the teaching profession. ./Decision_for_Wooldridge_James.pdf- ./Decision_for_Wooldridge_James.pdf:The panel noted that a great deal of the allegations related to the teacher’s sexual ./Decision_for_Wooldridge_James.pdf:conduct and there was no valid reason for the sexual conduct of the teacher to be ./Decision_for_Wooldridge_James.pdf-excluded from the public. The panel noted that the teacher needed to accept the ./Decision_for_Wooldridge_James.pdf-embarrassment and damage to his reputation which is inherent in being involved in a ./Decision_for_Wooldridge_James.pdf-professional conduct process. ./Decision_for_Wooldridge_James.pdf- ./Decision_for_Wooldridge_James.pdf-The panel also noted that information of an intimate nature may arise relating to third ./Decision_for_Wooldridge_James.pdf-parties. Should it be necessary for such information to be referred to in the course of this ./Decision_for_Wooldridge_James.pdf-hearing, the panel will consider at that time, whether the public should be excluded from ./Decision_for_Wooldridge_James.pdf-the hearing, or whether it would sufficiently protect the interests of third parties to grant ./Decision_for_Wooldridge_James.pdf-anonymity to those third parties without the need to exclude the public from the hearing. ./Decision_for_Wooldridge_James.pdf- -- ./Decision_for_Wooldridge_James.pdf-senior staff with regard to his behaviour towards female pupils. The type of alleged ./Decision_for_Wooldridge_James.pdf-behaviour included, but was not limited to, talking to female pupils in their rooms in the ./Decision_for_Wooldridge_James.pdf-boarding house, taking Pupil A home in his car alone after Pupil A arrived drunk at his ./Decision_for_Wooldridge_James.pdf-house, exchanging text messages with Pupil A, taking Pupil A to his home, inviting Pupil ./Decision_for_Wooldridge_James.pdf-A on a skiing holiday with his family and arranging to meet Pupil A in town for coffee. A ./Decision_for_Wooldridge_James.pdf-formal warning was issued as a result of the disciplinary hearing held in March 2012. ./Decision_for_Wooldridge_James.pdf- ./Decision_for_Wooldridge_James.pdf-On 6 May 2019, Pupil A (who was now a former pupil) handed a letter to the Headmaster ./Decision_for_Wooldridge_James.pdf-of the School which stated that she felt that she had been manipulated by Mr Wooldridge ./Decision_for_Wooldridge_James.pdf-and hadn’t felt able to speak out before. The letter from former Pupil A claimed that she ./Decision_for_Wooldridge_James.pdf:was groomed by Mr Wooldridge for the purpose of a sexual relationship after the age of ./Decision_for_Wooldridge_James.pdf-18. ./Decision_for_Wooldridge_James.pdf- ./Decision_for_Wooldridge_James.pdf-The Headmaster referred the letter to the LADO on 6 May 2019. Mr Wooldridge was ./Decision_for_Wooldridge_James.pdf-suspended on 18 June 2019 following the LADO’s advice. They commenced an internal ./Decision_for_Wooldridge_James.pdf-investigation, based on the new evidence provided in former Pupil A’s letter. The School ./Decision_for_Wooldridge_James.pdf-wrote to Mr Wooldridge on 19 August 2019 requiring Mr Wooldridge to attend a ./Decision_for_Wooldridge_James.pdf-disciplinary hearing on 12 September 2019. Mr Wooldridge attended the disciplinary ./Decision_for_Wooldridge_James.pdf-hearing with a union representative. On 16 September 2019, before being informed of ./Decision_for_Wooldridge_James.pdf-the outcome from the disciplinary hearing, Mr Wooldridge resigned. The Headmaster ./Decision_for_Wooldridge_James.pdf-accepted Mr Wooldridge’s resignation on 17 September 2019. -- ./Decision_for_Wooldridge_James.pdf-The panel found allegation 1(j) proved. ./Decision_for_Wooldridge_James.pdf- ./Decision_for_Wooldridge_James.pdf: k. Engaged in an intimate and/or sexual relationship with her following her ./Decision_for_Wooldridge_James.pdf- departure from the school, in particular you: ./Decision_for_Wooldridge_James.pdf- ./Decision_for_Wooldridge_James.pdf- ii. discussed feelings of love with her in or around January 2013; ./Decision_for_Wooldridge_James.pdf- ./Decision_for_Wooldridge_James.pdf-Mr Wooldridge admitted this allegation. Mr Wooldridge stated that Pupil A “had got in ./Decision_for_Wooldridge_James.pdf-touch with me in January 2013, and asked to meet me at short notice. [Pupil A] informed ./Decision_for_Wooldridge_James.pdf-me that she was thinking about me too much and felt too much of a pull to communicate ./Decision_for_Wooldridge_James.pdf-with me, and travelled to Eastbourne to meet me. [Pupil A] was quite emotional, and I ./Decision_for_Wooldridge_James.pdf-tried to be rational and help her. I made it clear that I wanted her to lead her university life ./Decision_for_Wooldridge_James.pdf-to the full. We agreed to break off communication, but - after three weeks of no -- ./Decision_for_Wooldridge_James.pdf- ./Decision_for_Wooldridge_James.pdf-The panel also had sight of Pupil A’s diary entries from this time period which supported ./Decision_for_Wooldridge_James.pdf-Pupil A’s oral evidence. ./Decision_for_Wooldridge_James.pdf- ./Decision_for_Wooldridge_James.pdf-The panel noted Mr Wooldridge’s conduct failed to maintain appropriate boundaries, ./Decision_for_Wooldridge_James.pdf-given that he had been in almost continuous contact with Pupil A during her time as a ./Decision_for_Wooldridge_James.pdf-Pupil and since she had left the School. ./Decision_for_Wooldridge_James.pdf- ./Decision_for_Wooldridge_James.pdf-The panel found allegation 1(k)(ii) proved. ./Decision_for_Wooldridge_James.pdf- ./Decision_for_Wooldridge_James.pdf: iii. discussed sexual activity with her in or around March 2013; ./Decision_for_Wooldridge_James.pdf- ./Decision_for_Wooldridge_James.pdf-Mr Wooldridge denied this allegation. Mr Wooldridge stated that “any conversation in ./Decision_for_Wooldridge_James.pdf:March / April 2013 that included matters of a sexual nature would have been because ./Decision_for_Wooldridge_James.pdf-[Pupil A] wanted to tell me about her university exploits with male students.” ./Decision_for_Wooldridge_James.pdf- ./Decision_for_Wooldridge_James.pdf-The panel had sight of text messages between Pupil A and Mr Wooldridge during this ./Decision_for_Wooldridge_James.pdf-time. Pupil A stated that she had Skype calls with Mr Wooldridge where he would watch ./Decision_for_Wooldridge_James.pdf-her in the shower or take her top off. The panel noted that Skype calls were arranged in ./Decision_for_Wooldridge_James.pdf-March 2013 between Pupil A and Mr Wooldridge. ./Decision_for_Wooldridge_James.pdf- ./Decision_for_Wooldridge_James.pdf-The panel noted Mr Wooldridge’s conduct failed to maintain appropriate boundaries, ./Decision_for_Wooldridge_James.pdf-given that he had been in almost continuous contact with Pupil A during her time as a ./Decision_for_Wooldridge_James.pdf-pupil and since she had left the School. -- ./Decision_for_Wooldridge_James.pdf-Pupil A responds “121”. While the panel noted that there was no evidence that Mr ./Decision_for_Wooldridge_James.pdf-Wooldridge stayed in a hotel with Pupil A, on the balance of probabilities, it concluded ./Decision_for_Wooldridge_James.pdf-that Mr Wooldridge met Pupil A at a hotel. ./Decision_for_Wooldridge_James.pdf- ./Decision_for_Wooldridge_James.pdf-The panel noted Mr Wooldridge’s conduct failed to maintain appropriate boundaries, ./Decision_for_Wooldridge_James.pdf-given that he had been in almost continuous contact with Pupil A during her time as a ./Decision_for_Wooldridge_James.pdf-pupil and since she had left the School. ./Decision_for_Wooldridge_James.pdf- ./Decision_for_Wooldridge_James.pdf-The panel found allegation 1(k)(iv) proved. ./Decision_for_Wooldridge_James.pdf- ./Decision_for_Wooldridge_James.pdf: v. engaged in physical / sexual contact with her on or around 8 April ./Decision_for_Wooldridge_James.pdf- 2013 at your home; ./Decision_for_Wooldridge_James.pdf- ./Decision_for_Wooldridge_James.pdf:Mr Wooldridge admitted that he engaged in physical contact, but not sexual contact, with ./Decision_for_Wooldridge_James.pdf-Pupil A on or around 8 April 2013. Mr Wooldridge stated that Pupil A “visited my home in ./Decision_for_Wooldridge_James.pdf-April 2013. At her suggestion, I gave her a shoulder massage, but this was not of a ./Decision_for_Wooldridge_James.pdf:sexual nature, although there was clearly physical contact. She was clothed, with her ./Decision_for_Wooldridge_James.pdf-shoulders uncovered. This was approaching a year after [Pupil A] had ceased to be a ./Decision_for_Wooldridge_James.pdf:pupil at the school, she suggested this activity, and it was not sexual in any way.” ./Decision_for_Wooldridge_James.pdf- ./Decision_for_Wooldridge_James.pdf-During the hearing, Mr Wooldridge stated that Pupil A was topless, but was wearing ./Decision_for_Wooldridge_James.pdf-underwear. The panel noted that this was in contradiction to what he said in his written ./Decision_for_Wooldridge_James.pdf-evidence. In addition, Mr Wooldridge stated that Pupil A gave him a back massage, ./Decision_for_Wooldridge_James.pdf-during which he was topless. ./Decision_for_Wooldridge_James.pdf- ./Decision_for_Wooldridge_James.pdf-When asked to describe the massage, Pupil A stated that she was topless with no ./Decision_for_Wooldridge_James.pdf-underwear on the top half of her body and Mr Wooldridge was moving his hands towards ./Decision_for_Wooldridge_James.pdf-the front of her body. ./Decision_for_Wooldridge_James.pdf- ./Decision_for_Wooldridge_James.pdf-The panel placed greater weight on Pupil A’s description of the massage, being both ./Decision_for_Wooldridge_James.pdf:physical and sexual in nature. The panel noted the environment of where the massage ./Decision_for_Wooldridge_James.pdf-took place i.e. Pupil A and Mr Wooldridge were alone together in his home. ./Decision_for_Wooldridge_James.pdf- ./Decision_for_Wooldridge_James.pdf-The panel noted Mr Wooldridge’s conduct failed to maintain appropriate boundaries, ./Decision_for_Wooldridge_James.pdf-given that he had been in almost continuous contact with Pupil A during her time as a ./Decision_for_Wooldridge_James.pdf-pupil and since she had left the School. ./Decision_for_Wooldridge_James.pdf- ./Decision_for_Wooldridge_James.pdf-The panel found allegation 1(k)(v) proved. ./Decision_for_Wooldridge_James.pdf- ./Decision_for_Wooldridge_James.pdf- vi. engaged in intercourse with her in or around May 2013; ./Decision_for_Wooldridge_James.pdf- ./Decision_for_Wooldridge_James.pdf:Mr Wooldridge admitted this allegation. He stated that a “romantic and sexual ./Decision_for_Wooldridge_James.pdf-relationship between [Pupil A] and myself did begin in June 2013 (not May 2013), almost ./Decision_for_Wooldridge_James.pdf-a year after she had left the School.” ./Decision_for_Wooldridge_James.pdf- ./Decision_for_Wooldridge_James.pdf-Pupil A stated that “although I cannot recall the exact date, in or around May/June 2013, I ./Decision_for_Wooldridge_James.pdf:had sexual intercourse with Mr Wooldridge.” ./Decision_for_Wooldridge_James.pdf- ./Decision_for_Wooldridge_James.pdf-The panel noted Mr Wooldridge’s conduct failed to maintain appropriate boundaries, ./Decision_for_Wooldridge_James.pdf-given that he had been in almost continuous contact with Pupil A during her time as a ./Decision_for_Wooldridge_James.pdf-pupil and since she had left the School. ./Decision_for_Wooldridge_James.pdf- ./Decision_for_Wooldridge_James.pdf- 18 ./Decision_for_Wooldridge_James.pdf- -- ./Decision_for_Wooldridge_James.pdf-The panel believed Pupil A’s account, on the balance of probabilities, in that she stated ./Decision_for_Wooldridge_James.pdf-that she had told Mr Wooldridge to delete the text messages. ./Decision_for_Wooldridge_James.pdf- ./Decision_for_Wooldridge_James.pdf-The panel noted that Mr Wooldridge misled the School disciplinary hearing by failing to ./Decision_for_Wooldridge_James.pdf-disclose the fact that he had deleted his messages with Pupil A as a result of her ./Decision_for_Wooldridge_James.pdf-informing him to do so. The panel noted that if Mr Wooldridge did not have anything to ./Decision_for_Wooldridge_James.pdf-hide then there would not have been any need to delete the messages. ./Decision_for_Wooldridge_James.pdf- ./Decision_for_Wooldridge_James.pdf-The panel found allegation 3(b) proved. ./Decision_for_Wooldridge_James.pdf- ./Decision_for_Wooldridge_James.pdf: 4. Your conduct as may be found proven in Allegations 1-2 was sexually ./Decision_for_Wooldridge_James.pdf- motivated. ./Decision_for_Wooldridge_James.pdf- ./Decision_for_Wooldridge_James.pdf:Mr Wooldridge admitted his conduct at allegation 1(k)(iv) was sexually motivated but ./Decision_for_Wooldridge_James.pdf:denied that the remaining allegations under 1 and 2 were sexually motivated. ./Decision_for_Wooldridge_James.pdf- ./Decision_for_Wooldridge_James.pdf-The panel considered this allegation is relation to the proved allegations i.e. 1(a), 1(d), ./Decision_for_Wooldridge_James.pdf-1(e)(i), 1(e)(ii), 1(e)(iv), 1(e)(v), 1(e)(vi), 1(e)(viii), 1(f), 1g(i) – (iv), 1(h), 1(i), 1(j), 1(k)(ii), ./Decision_for_Wooldridge_James.pdf-1(k)(iii), 1(k)(iv), 1(k)(v), 1(k)(vi), 2(a)(i), 2(a)(ii), 2(b)(i), 2(b)(ii), 2(c)(i)-(ii) and 2(d)(i)-(ii). ./Decision_for_Wooldridge_James.pdf- ./Decision_for_Wooldridge_James.pdf-The panel had regard for the legal adviser’s advice. ./Decision_for_Wooldridge_James.pdf- ./Decision_for_Wooldridge_James.pdf-The panel noted that in the case of Basson v GMC (2018), it stated “the state of a ./Decision_for_Wooldridge_James.pdf-person’s mind is not something that can be proved by direct observation. It can only be ./Decision_for_Wooldridge_James.pdf-proved by inference or deduction from the surrounding evidence”. ./Decision_for_Wooldridge_James.pdf- ./Decision_for_Wooldridge_James.pdf:It was also stated in this case that a sexual motive means the conduct was done either in ./Decision_for_Wooldridge_James.pdf:pursuit of sexual gratification or in pursuit of a future sexual relationship. ./Decision_for_Wooldridge_James.pdf- ./Decision_for_Wooldridge_James.pdf-The panel considered that Mr Wooldridge’s over familiar contact with Pupil A during her ./Decision_for_Wooldridge_James.pdf:time as a pupil at the School, was in a pursuit of a future sexual relationship. The panel ./Decision_for_Wooldridge_James.pdf-noted that Mr Wooldridge was not Pupil A’s teacher and there was no reason for him to ./Decision_for_Wooldridge_James.pdf-have regular contact with her. The panel also took into account Witness B’s oral evidence ./Decision_for_Wooldridge_James.pdf-where she stated that she had “never seen Pupil A hanging around with Pupil C” ./Decision_for_Wooldridge_James.pdf-([REDACTED]), so the panel did not consider that this would have been a reason as to ./Decision_for_Wooldridge_James.pdf-why Mr Wooldridge would have had any regular contact with Pupil A. ./Decision_for_Wooldridge_James.pdf- ./Decision_for_Wooldridge_James.pdf-The panel noted that Mr Wooldridge failed to maintain appropriate boundaries with Pupil ./Decision_for_Wooldridge_James.pdf-A in respect of the aforementioned proven allegations. The panel noted it was completely ./Decision_for_Wooldridge_James.pdf-inappropriate for Mr Wooldridge to drive Pupil A to his house and show her around. The ./Decision_for_Wooldridge_James.pdf:panel concluded that it was likely that there was sexual motive behind this conduct. ./Decision_for_Wooldridge_James.pdf- ./Decision_for_Wooldridge_James.pdf- ./Decision_for_Wooldridge_James.pdf- ./Decision_for_Wooldridge_James.pdf- 23 ./Decision_for_Wooldridge_James.pdf- -- ./Decision_for_Wooldridge_James.pdf-The panel noted that Mr Wooldridge’s contact with Pupil A was almost continuous from ./Decision_for_Wooldridge_James.pdf:when Pupil A was a pupil to when they began a sexual relationship. The relationship ./Decision_for_Wooldridge_James.pdf:between Pupil A and Mr Wooldridge led to sexual intercourse in or around May / June ./Decision_for_Wooldridge_James.pdf-2013, which was less than one year since Pupil A left the School. ./Decision_for_Wooldridge_James.pdf- ./Decision_for_Wooldridge_James.pdf-The panel considered the case of GMC v Haris (2020). The panel asked itself whether on ./Decision_for_Wooldridge_James.pdf-the balance of probabilities reasonable persons would think the words and actions found ./Decision_for_Wooldridge_James.pdf:proven could be sexual. The panel considered that there was no other reason for Mr ./Decision_for_Wooldridge_James.pdf:Wooldridge to have contact with Pupil A, other than if it were to be sexually motivated, ./Decision_for_Wooldridge_James.pdf-especially as the relationship was established at the School. The panel was of the view ./Decision_for_Wooldridge_James.pdf:that his conduct would be considered by a reasonable person to be sexually motivated, ./Decision_for_Wooldridge_James.pdf:especially as the continuation of the relationship led to a sexual relationship. The panel ./Decision_for_Wooldridge_James.pdf-considered that in all the circumstances of the conduct in the case, it was more likely ./Decision_for_Wooldridge_James.pdf:than not that the teacher’s purpose of such conduct was sexual. ./Decision_for_Wooldridge_James.pdf- ./Decision_for_Wooldridge_James.pdf-The panel found allegation 4 proved. ./Decision_for_Wooldridge_James.pdf- ./Decision_for_Wooldridge_James.pdf- 5. Your conduct as may be found proven at Allegations 1(b) and/or 1(e)(iii) ./Decision_for_Wooldridge_James.pdf- and/or 1(e)(viii) and/or 3(a)-(b) was dishonest and/or lacked integrity. ./Decision_for_Wooldridge_James.pdf- ./Decision_for_Wooldridge_James.pdf-Mr Wooldridge denied this allegation. ./Decision_for_Wooldridge_James.pdf- ./Decision_for_Wooldridge_James.pdf-The panel considered this allegation in respect of the proven allegations i.e. 1(e)(viii), ./Decision_for_Wooldridge_James.pdf-3(a) and 3(b). -- ./Decision_for_Wooldridge_James.pdf-When questioned by the teacher’s representative, Pupil A stated that she didn’t know if ./Decision_for_Wooldridge_James.pdf-Mr Wooldridge had asked her to save his contact details in her phone under a different ./Decision_for_Wooldridge_James.pdf-name. ./Decision_for_Wooldridge_James.pdf- ./Decision_for_Wooldridge_James.pdf-The panel noted that Pupil A’s account was not consistent as she could not recall with ./Decision_for_Wooldridge_James.pdf-any certainty whether Mr Wooldridge had in fact encouraged and/or instructed her to ./Decision_for_Wooldridge_James.pdf-save his contact details in her phone under a different name. ./Decision_for_Wooldridge_James.pdf- ./Decision_for_Wooldridge_James.pdf-On the balance of probabilities, the panel found allegation 1(b) not proved. ./Decision_for_Wooldridge_James.pdf- ./Decision_for_Wooldridge_James.pdf: c. engaged in one or more conversations of a sexual nature with her during ./Decision_for_Wooldridge_James.pdf- the 2011/12 academic year and/or asked her: ./Decision_for_Wooldridge_James.pdf- ./Decision_for_Wooldridge_James.pdf: i. about the extent of her sexual experience in or around September ./Decision_for_Wooldridge_James.pdf- 2011; ./Decision_for_Wooldridge_James.pdf- ./Decision_for_Wooldridge_James.pdf-Mr Wooldridge denied this allegation. He stated “There is absolutely no way that I would ./Decision_for_Wooldridge_James.pdf:ever have asked any pupil how far he or she had gone sexually with someone..” ./Decision_for_Wooldridge_James.pdf- ./Decision_for_Wooldridge_James.pdf-Pupil A stated in her witness statement that “In September 2011, whilst sitting on the ./Decision_for_Wooldridge_James.pdf-cricket field with Mr Wooldridge, he asked various questions regarding my relationships ./Decision_for_Wooldridge_James.pdf:with older boys and specifically how far I had been sexually with anyone at that age.” ./Decision_for_Wooldridge_James.pdf- ./Decision_for_Wooldridge_James.pdf-The panel did not consider Pupil A’s account to be compelling when questioned about ./Decision_for_Wooldridge_James.pdf-this allegation in oral evidence. ./Decision_for_Wooldridge_James.pdf- ./Decision_for_Wooldridge_James.pdf- ./Decision_for_Wooldridge_James.pdf- 25 ./Decision_for_Wooldridge_James.pdf- -- ./Decision_for_Wooldridge_James.pdf-On the balance of probabilities, the panel found allegation 1(c)(i) not proved. ./Decision_for_Wooldridge_James.pdf- ./Decision_for_Wooldridge_James.pdf- ii. what age was too old for her in the context of relationships and/or ./Decision_for_Wooldridge_James.pdf: sexual activity in or around September 2011; ./Decision_for_Wooldridge_James.pdf-Mr Wooldridge denied this allegation. He stated “There is absolutely no way that I would ./Decision_for_Wooldridge_James.pdf:ever have asked any pupil how far he or she had gone sexually with someone, or what ./Decision_for_Wooldridge_James.pdf-age was or was not appropriate. I never had such personal conversations with Pupil A or ./Decision_for_Wooldridge_James.pdf-anyone else.” ./Decision_for_Wooldridge_James.pdf- ./Decision_for_Wooldridge_James.pdf-Pupil A stated in her witness statement that “In September 2011, whilst sitting on the ./Decision_for_Wooldridge_James.pdf-cricket field with Mr Wooldridge, he asked various questions regarding my relationships ./Decision_for_Wooldridge_James.pdf:with older boys and specifically how far I had been sexually with anyone at that age and ./Decision_for_Wooldridge_James.pdf-what age was ‘too old’. I did respond at the time and felt that these types of questions ./Decision_for_Wooldridge_James.pdf-should not have been asked. I remember feeling uncomfortable at one point as the ./Decision_for_Wooldridge_James.pdf-questions were so inappropriate.” ./Decision_for_Wooldridge_James.pdf- ./Decision_for_Wooldridge_James.pdf-The panel did not consider Pupil A’s account to be compelling when questioned about ./Decision_for_Wooldridge_James.pdf-this allegation in oral evidence. ./Decision_for_Wooldridge_James.pdf- ./Decision_for_Wooldridge_James.pdf-On the balance of probabilities, the panel found allegation 1(c)(ii) not proved. ./Decision_for_Wooldridge_James.pdf- ./Decision_for_Wooldridge_James.pdf- e. on or around 2 February 2012: -- ./Decision_for_Wooldridge_James.pdf: k. Engaged in an intimate and/or sexual relationship with her following her ./Decision_for_Wooldridge_James.pdf- departure from the school, in particular you: ./Decision_for_Wooldridge_James.pdf- ./Decision_for_Wooldridge_James.pdf- i. kissed her on or around 17 September 2012; ./Decision_for_Wooldridge_James.pdf- ./Decision_for_Wooldridge_James.pdf-Mr Wooldridge denied this allegation, stating that “I did not kiss her at all at this time.” ./Decision_for_Wooldridge_James.pdf- ./Decision_for_Wooldridge_James.pdf-Pupil A stated that “on 17 September 2012, I came down to Eastbourne to see my ./Decision_for_Wooldridge_James.pdf-friends, I stayed at a friend’s house who lived quite close to Mr Wooldridge. During the ./Decision_for_Wooldridge_James.pdf-visit, Mr Wooldridge asked if he could pick me up and go on a drive. Whilst I the car, Mr ./Decision_for_Wooldridge_James.pdf-Wooldridge kissed me, and I remember feeling shocked.” -- ./Decision_for_Wooldridge_James.pdf- ./Decision_for_Wooldridge_James.pdf-Everyone shares responsibility for safeguarding and promoting the welfare of children ./Decision_for_Wooldridge_James.pdf-and young people. ./Decision_for_Wooldridge_James.pdf- ./Decision_for_Wooldridge_James.pdf-The panel noted that Mr Wooldridge failed to maintain appropriate boundaries and he ./Decision_for_Wooldridge_James.pdf-engaged in an inappropriate teacher-pupil relationship with Pupil A in respect of his ./Decision_for_Wooldridge_James.pdf-conduct in the above allegations. The panel noted that Mr Wooldridge’s failure to ./Decision_for_Wooldridge_James.pdf-maintain appropriate boundaries and engage in an inappropriate teacher-pupil ./Decision_for_Wooldridge_James.pdf-relationship with Pupil A started when Pupil A was still a pupil at the School. The panel ./Decision_for_Wooldridge_James.pdf-stated that the relationship was almost continuous from when Pupil A was a pupil, to ./Decision_for_Wooldridge_James.pdf:when the sexual relationship began after she had left the School. The panel considered ./Decision_for_Wooldridge_James.pdf-that this was a significant factor when determining whether Mr Wooldridge’s conduct ./Decision_for_Wooldridge_James.pdf-amounted to unacceptable professional conduct. The panel was satisfied that the ./Decision_for_Wooldridge_James.pdf-conduct of Mr Wooldridge fell significantly short of the standard of behaviour expected of ./Decision_for_Wooldridge_James.pdf-a teacher. ./Decision_for_Wooldridge_James.pdf- ./Decision_for_Wooldridge_James.pdf-The panel also considered whether Mr Wooldridge’s conduct displayed behaviours ./Decision_for_Wooldridge_James.pdf-associated with any of the offences in the list that begins on page 12 of the Advice. ./Decision_for_Wooldridge_James.pdf- ./Decision_for_Wooldridge_James.pdf-The panel found that none of these offences were relevant. ./Decision_for_Wooldridge_James.pdf- -- ./Decision_for_Wooldridge_James.pdf-punitive, or to show that blame has been apportioned, although they are likely to have ./Decision_for_Wooldridge_James.pdf-punitive effect. ./Decision_for_Wooldridge_James.pdf- ./Decision_for_Wooldridge_James.pdf-The panel had regard to the particular public interest considerations set out in the Advice ./Decision_for_Wooldridge_James.pdf-and, having done so, found a number of them to be relevant in this case, namely, the ./Decision_for_Wooldridge_James.pdf-safeguarding and wellbeing of pupils, the protection of other members of the public, the ./Decision_for_Wooldridge_James.pdf-maintenance of public confidence in the profession and declaring and upholding proper ./Decision_for_Wooldridge_James.pdf-standards of conduct. ./Decision_for_Wooldridge_James.pdf- ./Decision_for_Wooldridge_James.pdf-In the light of the panel’s findings against Mr Wooldridge, which involved findings of ./Decision_for_Wooldridge_James.pdf:sexually motivated conduct, along with findings of dishonesty and a lack of integrity, there ./Decision_for_Wooldridge_James.pdf-was a strong public interest consideration in respect of the safeguarding and wellbeing of ./Decision_for_Wooldridge_James.pdf-pupils. The panel noted the serious findings of failing to maintain appropriate boundaries ./Decision_for_Wooldridge_James.pdf-and engaging in an inappropriate relationship with Pupil A. ./Decision_for_Wooldridge_James.pdf- ./Decision_for_Wooldridge_James.pdf-Similarly, the panel considered that public confidence in the profession could be seriously ./Decision_for_Wooldridge_James.pdf-weakened if conduct such as that found against Mr Wooldridge was not treated with the ./Decision_for_Wooldridge_James.pdf-utmost seriousness when regulating the conduct of the profession. ./Decision_for_Wooldridge_James.pdf- ./Decision_for_Wooldridge_James.pdf-The panel was of the view that a strong public interest consideration in declaring proper ./Decision_for_Wooldridge_James.pdf-standards of conduct in the profession was also present as the conduct found against Mr -- ./Decision_for_Wooldridge_James.pdf-consider a teacher’s behaviour to be incompatible with being a teacher if there is ./Decision_for_Wooldridge_James.pdf-evidence of one or more of the factors that begin on page 15. In the list of such factors, ./Decision_for_Wooldridge_James.pdf-those that were relevant in this case were: ./Decision_for_Wooldridge_James.pdf- ./Decision_for_Wooldridge_James.pdf- • serious departure from the personal and professional conduct elements of the ./Decision_for_Wooldridge_James.pdf- Teachers’ Standards; ./Decision_for_Wooldridge_James.pdf- • misconduct seriously affecting the education and/or safeguarding and well-being ./Decision_for_Wooldridge_James.pdf- of pupils, and particularly where there is a continuing risk; ./Decision_for_Wooldridge_James.pdf- • abuse of position or trust (particularly involving vulnerable pupils) ./Decision_for_Wooldridge_James.pdf- • an abuse of any trust, knowledge, or influence gained through their professional ./Decision_for_Wooldridge_James.pdf: position in order to advance a romantic or sexual relationship with a pupil or former ./Decision_for_Wooldridge_James.pdf- pupil; ./Decision_for_Wooldridge_James.pdf: • sexual misconduct, for example, involving actions that were sexually motivated or ./Decision_for_Wooldridge_James.pdf: of a sexual nature and/or that use or exploit the trust, knowledge or influence ./Decision_for_Wooldridge_James.pdf- derived from the individual’s professional position; ./Decision_for_Wooldridge_James.pdf- • dishonesty or a lack of integrity, including the deliberate concealment of their ./Decision_for_Wooldridge_James.pdf- actions or purposeful destruction of evidence, especially where these behaviours ./Decision_for_Wooldridge_James.pdf- have been repeated or had serious consequences, or involved the coercion of ./Decision_for_Wooldridge_James.pdf- another person to act in a way contrary to their own interests. ./Decision_for_Wooldridge_James.pdf-Even though some of the behaviour found proved in this case indicated that a prohibition ./Decision_for_Wooldridge_James.pdf-order would be appropriate, taking account of the public interest and the seriousness of ./Decision_for_Wooldridge_James.pdf-the behaviour and the likely harm to the public interest were the teacher be allowed to ./Decision_for_Wooldridge_James.pdf-continue to teach, the panel went on to consider whether there were mitigating ./Decision_for_Wooldridge_James.pdf-circumstances. ./Decision_for_Wooldridge_James.pdf- ./Decision_for_Wooldridge_James.pdf-In the light of the panel’s findings, there was evidence that Mr Wooldridge’s actions were ./Decision_for_Wooldridge_James.pdf-deliberate. The panel noted Mr Wooldridge’s almost continuous relationship with Pupil A ./Decision_for_Wooldridge_James.pdf-from when she was a pupil at the School, to after she had left. The panel stated that this ./Decision_for_Wooldridge_James.pdf-continuous relationship was not accidental and Mr Wooldridge deliberately pursued Pupil ./Decision_for_Wooldridge_James.pdf:A for a sexual relationship. The panel also noted that Mr Wooldridge’s conduct was ./Decision_for_Wooldridge_James.pdf-deliberate by his attempt to conceal his actions, as proven by allegation 1(e)(viii), where ./Decision_for_Wooldridge_James.pdf-he instructed Pupil A not to tell anyone about the events of the day when he invited and ./Decision_for_Wooldridge_James.pdf-then drove Pupil A to his house. ./Decision_for_Wooldridge_James.pdf- ./Decision_for_Wooldridge_James.pdf-There was no evidence to suggest that Mr Wooldridge was acting under extreme duress, ./Decision_for_Wooldridge_James.pdf-e.g. a physical threat or significant intimidation and, in fact, the panel found Mr ./Decision_for_Wooldridge_James.pdf-Wooldridge’s actions to be calculated. ./Decision_for_Wooldridge_James.pdf- ./Decision_for_Wooldridge_James.pdf-The panel saw evidence that showed Mr Wooldridge was previously subject to ./Decision_for_Wooldridge_James.pdf-management warnings from 2010. The panel also saw evidence that Mr Wooldridge was -- ./Decision_for_Wooldridge_James.pdf-made by the panel would be sufficient. ./Decision_for_Wooldridge_James.pdf- ./Decision_for_Wooldridge_James.pdf-The panel was of the view that, applying the standard of the ordinary intelligent citizen, it ./Decision_for_Wooldridge_James.pdf-would not be a proportionate and appropriate response to recommend no prohibition ./Decision_for_Wooldridge_James.pdf-order. Recommending that the publication of adverse findings would be sufficient would ./Decision_for_Wooldridge_James.pdf-unacceptably compromise the public interest considerations present in this case, despite ./Decision_for_Wooldridge_James.pdf-the severity of the consequences for Mr Wooldridge of prohibition. ./Decision_for_Wooldridge_James.pdf- ./Decision_for_Wooldridge_James.pdf-The panel was of the view that prohibition was both proportionate and appropriate. The ./Decision_for_Wooldridge_James.pdf-panel decided that the public interest considerations outweighed the interests of Mr ./Decision_for_Wooldridge_James.pdf:Wooldridge. The findings of dishonesty, lack of integrity and sexually motivated conduct ./Decision_for_Wooldridge_James.pdf-were a significant factor in forming that opinion. In addition, the panel noted the fact that ./Decision_for_Wooldridge_James.pdf-Mr Wooldridge’s inappropriate relationship with Pupil A started whilst Pupil A was still a ./Decision_for_Wooldridge_James.pdf- ./Decision_for_Wooldridge_James.pdf- ./Decision_for_Wooldridge_James.pdf- 33 ./Decision_for_Wooldridge_James.pdf- -- ./Decision_for_Wooldridge_James.pdf-should be imposed with immediate effect. ./Decision_for_Wooldridge_James.pdf- ./Decision_for_Wooldridge_James.pdf-The panel went on to consider whether or not it would be appropriate for it to decide to ./Decision_for_Wooldridge_James.pdf-recommend a review period of the order. The panel was mindful that the Advice states ./Decision_for_Wooldridge_James.pdf-that a prohibition order applies for life, but there may be circumstances, in any given ./Decision_for_Wooldridge_James.pdf-case, that may make it appropriate to allow a teacher to apply to have the prohibition ./Decision_for_Wooldridge_James.pdf-order reviewed after a specified period of time that may not be less than 2 years. ./Decision_for_Wooldridge_James.pdf- ./Decision_for_Wooldridge_James.pdf-The Advice indicates that there are cases involving certain conduct where it is likely that ./Decision_for_Wooldridge_James.pdf-the public interest will have greater relevance and weigh in favour of not offering a review ./Decision_for_Wooldridge_James.pdf:period. One of these cases includes serious sexual misconduct, e.g. where the act was ./Decision_for_Wooldridge_James.pdf:sexually motivated and resulted in, or had the potential to result in, harm to a person or ./Decision_for_Wooldridge_James.pdf-persons, particularly where the individual has used his professional position to influence ./Decision_for_Wooldridge_James.pdf-or exploit a person or persons. The panel found that Mr Wooldridge was responsible for ./Decision_for_Wooldridge_James.pdf:conduct that was sexually motivated. The panel noted that Mr Wooldridge used his ./Decision_for_Wooldridge_James.pdf:professional position to influence Pupil A to further a future sexual relationship. This ./Decision_for_Wooldridge_James.pdf:behaviour links to the above case of serious sexual misconduct. ./Decision_for_Wooldridge_James.pdf- ./Decision_for_Wooldridge_James.pdf-The panel noted the absence of mitigating circumstances when considering Mr ./Decision_for_Wooldridge_James.pdf-Wooldridge’s proven misconduct. The panel noted Mr Wooldridge’s sheer lack of insight ./Decision_for_Wooldridge_James.pdf-into the impact his conduct had on Pupil A, the School and the wider community. Mr ./Decision_for_Wooldridge_James.pdf-Wooldridge stated that he was remorseful and apologised to Pupil A, but focused on the ./Decision_for_Wooldridge_James.pdf-effect of his conduct had on himself and his family. The panel also noted Mr Wooldridge’s ./Decision_for_Wooldridge_James.pdf-tendency to blame Pupil A throughout the course of the hearing, when he was the ./Decision_for_Wooldridge_James.pdf-teacher, in a position of trust and responsibility. The panel noted that since these events ./Decision_for_Wooldridge_James.pdf-considered by the panel, Mr Wooldridge has been subject to further warnings in respect ./Decision_for_Wooldridge_James.pdf-of his conduct towards female pupils in 2016 and 2017. Therefore, the panel noted that if -- ./Decision_for_Wooldridge_James.pdf-all those matters not found proven or not found to amount to unacceptable professional ./Decision_for_Wooldridge_James.pdf-conduct or conduct likely to bring the profession into disrepute, I can confirm that I have ./Decision_for_Wooldridge_James.pdf-put all those matters entirely from my mind. ./Decision_for_Wooldridge_James.pdf- ./Decision_for_Wooldridge_James.pdf-The panel has made a recommendation to the Secretary of State that Mr Wooldridge ./Decision_for_Wooldridge_James.pdf-should be the subject of a prohibition order, with no provision for a review period. ./Decision_for_Wooldridge_James.pdf- ./Decision_for_Wooldridge_James.pdf-In particular, the paragraphs above set out exactly which of the standards the panel has ./Decision_for_Wooldridge_James.pdf-found Mr Wooldridge to be guilty. ./Decision_for_Wooldridge_James.pdf- ./Decision_for_Wooldridge_James.pdf:The findings of misconduct are particularly serious as they, “involved findings of sexually ./Decision_for_Wooldridge_James.pdf-motivated conduct, along with findings of dishonesty and a lack of integrity, there was a ./Decision_for_Wooldridge_James.pdf-strong public interest consideration in respect of the safeguarding and wellbeing of ./Decision_for_Wooldridge_James.pdf-pupils. The panel noted the serious findings of failing to maintain appropriate boundaries ./Decision_for_Wooldridge_James.pdf-and engaging in an inappropriate relationship with Pupil A.” ./Decision_for_Wooldridge_James.pdf- ./Decision_for_Wooldridge_James.pdf-I have to determine whether the imposition of a prohibition order is proportionate and in ./Decision_for_Wooldridge_James.pdf-the public interest. In considering that for this case, I have considered the overall aim of a ./Decision_for_Wooldridge_James.pdf- ./Decision_for_Wooldridge_James.pdf- 36 ./Decision_for_Wooldridge_James.pdf- -- ./Decision_for_Wooldridge_James.pdf-achieve that aim taking into account the impact that it will have on the individual teacher. ./Decision_for_Wooldridge_James.pdf-I have also asked myself, whether a less intrusive measure, such as the published ./Decision_for_Wooldridge_James.pdf-finding of unacceptable professional conduct and conduct that may bring the profession ./Decision_for_Wooldridge_James.pdf-into disrepute, would itself be sufficient to achieve the overall aim. I have to consider ./Decision_for_Wooldridge_James.pdf-whether the consequences of such a publication are themselves sufficient. I have ./Decision_for_Wooldridge_James.pdf-considered therefore whether or not prohibiting Mr Wooldridge, and the impact that will ./Decision_for_Wooldridge_James.pdf-have on the teacher, is proportionate and in the public interest. ./Decision_for_Wooldridge_James.pdf- ./Decision_for_Wooldridge_James.pdf-In this case, I have considered the extent to which a prohibition order would protect ./Decision_for_Wooldridge_James.pdf-children and safeguard pupils. The panel has observed, “The panel found that Mr ./Decision_for_Wooldridge_James.pdf:Wooldridge was responsible for conduct that was sexually motivated. The panel noted ./Decision_for_Wooldridge_James.pdf-that Mr Wooldridge used his professional position to influence Pupil A to further a future ./Decision_for_Wooldridge_James.pdf:sexual relationship. This behaviour links to the above case of serious sexual ./Decision_for_Wooldridge_James.pdf-misconduct.” A prohibition order would therefore prevent such a risk from being present ./Decision_for_Wooldridge_James.pdf-in the future. ./Decision_for_Wooldridge_James.pdf- ./Decision_for_Wooldridge_James.pdf-I have also taken into account the panel’s comments on insight and remorse, which the ./Decision_for_Wooldridge_James.pdf-panel sets out as follows, “The panel noted that at the end of giving oral evidence, Mr ./Decision_for_Wooldridge_James.pdf-Wooldridge stated that he regretted his behaviour and the impact it had on his family. ./Decision_for_Wooldridge_James.pdf-The panel noted that Mr Wooldridge did not demonstrate, to any great extent, his level of ./Decision_for_Wooldridge_James.pdf-insight or remorse for the wider impact his conduct had on Pupil A, the School or the ./Decision_for_Wooldridge_James.pdf-community. In fact, the panel noted that Mr Wooldridge had a tendency to repeatedly ./Decision_for_Wooldridge_James.pdf-blame Pupil A during the course of the hearing. The panel noted that Mr Wooldridge was -- ./Decision_for_Wooldridge_James.pdf-The panel was of the view that a strong public interest consideration in declaring proper ./Decision_for_Wooldridge_James.pdf-standards of conduct in the profession was also present as the conduct found against Mr ./Decision_for_Wooldridge_James.pdf-Wooldridge was outside that which could reasonably be tolerated. ./Decision_for_Wooldridge_James.pdf- ./Decision_for_Wooldridge_James.pdf-The panel considered carefully the seriousness of the behaviour, noting that the Advice ./Decision_for_Wooldridge_James.pdf-states that the expectation of both the public and pupils, is that members of the teaching ./Decision_for_Wooldridge_James.pdf-profession maintain an exemplary level of integrity and ethical standards at all times. ./Decision_for_Wooldridge_James.pdf-The panel noted that a teacher’s behaviour that seeks to exploit their position of trust ./Decision_for_Wooldridge_James.pdf-should be viewed very seriously in terms of its potential influence on pupils and be seen ./Decision_for_Wooldridge_James.pdf-as a possible threat to the public interest.” I am particularly mindful of the finding of lack ./Decision_for_Wooldridge_James.pdf:of integrity and sexual misconduct in this case and the impact that such a finding has on ./Decision_for_Wooldridge_James.pdf-the reputation of the profession. ./Decision_for_Wooldridge_James.pdf- ./Decision_for_Wooldridge_James.pdf-I have had to consider that the public has a high expectation of professional standards of ./Decision_for_Wooldridge_James.pdf-all teachers and that the public might regard a failure to impose a prohibition order as a ./Decision_for_Wooldridge_James.pdf-failure to uphold those high standards. In weighing these considerations, I have had to ./Decision_for_Wooldridge_James.pdf- ./Decision_for_Wooldridge_James.pdf- 37 ./Decision_for_Wooldridge_James.pdf- -- ./Decision_for_Wooldridge_James.pdf-panel comment “Although, the panel considered all of the character references within the ./Decision_for_Wooldridge_James.pdf-papers which attested to his abilities as a teacher, it noted that the majority of the ./Decision_for_Wooldridge_James.pdf-character references were not contemporaneous as they were dated a few years ago. ./Decision_for_Wooldridge_James.pdf-The panel also noted that none of the individuals who gave character references were ./Decision_for_Wooldridge_James.pdf-called to give evidence. The panel therefore placed limited weight on these statements.” ./Decision_for_Wooldridge_James.pdf- ./Decision_for_Wooldridge_James.pdf-A prohibition order would prevent Mr Wooldridge from teaching and would also clearly ./Decision_for_Wooldridge_James.pdf-deprive the public of his contribution to the profession for the period that it is in force. ./Decision_for_Wooldridge_James.pdf- ./Decision_for_Wooldridge_James.pdf-In this case, I have placed considerable weight on the panel’s comments, “The panel ./Decision_for_Wooldridge_James.pdf:found that Mr Wooldridge was responsible for conduct that was sexually motivated. The ./Decision_for_Wooldridge_James.pdf-panel noted that Mr Wooldridge used his professional position to influence Pupil A to ./Decision_for_Wooldridge_James.pdf:further a future sexual relationship. This behaviour links to the above case of serious ./Decision_for_Wooldridge_James.pdf:sexual misconduct.” ./Decision_for_Wooldridge_James.pdf- ./Decision_for_Wooldridge_James.pdf-I have also placed considerable weight on the finding of the panel that, “Mr Wooldridge’s ./Decision_for_Wooldridge_James.pdf-conduct was deliberate by his attempt to conceal his actions, as proven by allegation ./Decision_for_Wooldridge_James.pdf-1(e)(viii), where he instructed Pupil A not to tell anyone about the events of the day when ./Decision_for_Wooldridge_James.pdf-he invited and then drove Pupil A to his house.” ./Decision_for_Wooldridge_James.pdf- ./Decision_for_Wooldridge_James.pdf-I have given less weight in my consideration of sanction therefore, to the contribution that ./Decision_for_Wooldridge_James.pdf-Mr Wooldridge has made to the profession. In my view, it is necessary to impose a ./Decision_for_Wooldridge_James.pdf-prohibition order in order to maintain public confidence in the profession. A published ./Decision_for_Wooldridge_James.pdf-decision, in light of the circumstances in this case, that is not backed up by full remorse ./Decision_for_Wooldridge_James.pdf-or insight, does not in my view satisfy the public interest requirement concerning public ./Decision_for_Wooldridge_James.pdf-confidence in the profession. ./Decision_for_Wooldridge_James.pdf- ./Decision_for_Wooldridge_James.pdf-For these reasons, I have concluded that a prohibition order is proportionate and in the ./Decision_for_Wooldridge_James.pdf-public interest in order to achieve the intended aims of a prohibition order. ./Decision_for_Wooldridge_James.pdf- ./Decision_for_Wooldridge_James.pdf-I have gone on to consider the matter of a review period. In this case, the panel has ./Decision_for_Wooldridge_James.pdf-recommended that no provision should be made for a review period. ./Decision_for_Wooldridge_James.pdf- ./Decision_for_Wooldridge_James.pdf-I have considered the panel’s comments “The panel found that Mr Wooldridge was ./Decision_for_Wooldridge_James.pdf:responsible for conduct that was sexually motivated. The panel noted that Mr Wooldridge ./Decision_for_Wooldridge_James.pdf:used his professional position to influence Pupil A to further a future sexual relationship. ./Decision_for_Wooldridge_James.pdf:This behaviour links to the above case of serious sexual misconduct. ./Decision_for_Wooldridge_James.pdf- ./Decision_for_Wooldridge_James.pdf-The panel noted the absence of mitigating circumstances when considering Mr ./Decision_for_Wooldridge_James.pdf-Wooldridge’s proven misconduct. The panel noted Mr Wooldridge’s sheer lack of insight ./Decision_for_Wooldridge_James.pdf-into the impact his conduct had on Pupil A, the School and the wider community. Mr ./Decision_for_Wooldridge_James.pdf-Wooldridge stated that he was remorseful and apologised to Pupil A, but focused on the ./Decision_for_Wooldridge_James.pdf-effect of his conduct had on himself and his family. The panel also noted Mr Wooldridge’s ./Decision_for_Wooldridge_James.pdf-tendency to blame Pupil A throughout the course of the hearing, when he was the ./Decision_for_Wooldridge_James.pdf- ./Decision_for_Wooldridge_James.pdf- ./Decision_for_Wooldridge_James.pdf- 38 -- ./Decision_for_Wooldridge_James.pdf-teacher, in a position of trust and responsibility. The panel noted that since these events ./Decision_for_Wooldridge_James.pdf-considered by the panel, Mr Wooldridge has been subject to further warnings in respect ./Decision_for_Wooldridge_James.pdf-of his conduct towards female pupils in 2016 and 2017. Therefore, the panel noted that if ./Decision_for_Wooldridge_James.pdf-Mr Wooldridge were to teach again, there would be a significant danger and continuing ./Decision_for_Wooldridge_James.pdf-risk that he could repeat this type of serious misconduct again. This formed a significant ./Decision_for_Wooldridge_James.pdf-factor in determining whether a review period was appropriate.” ./Decision_for_Wooldridge_James.pdf- ./Decision_for_Wooldridge_James.pdf-I have considered whether not allowing for a review period reflects the seriousness of the ./Decision_for_Wooldridge_James.pdf-findings and is proportionate to achieve the aim of maintaining public confidence in the ./Decision_for_Wooldridge_James.pdf:profession. In this case, the factors are the sexual element of the case, the lack of ./Decision_for_Wooldridge_James.pdf-integrity and the lack of either insight or remorse. ./Decision_for_Wooldridge_James.pdf- ./Decision_for_Wooldridge_James.pdf-I consider therefore that allowing for no review period is necessary to maintain public ./Decision_for_Wooldridge_James.pdf-confidence and is proportionate and in the public interest. ./Decision_for_Wooldridge_James.pdf- ./Decision_for_Wooldridge_James.pdf-This means that Mr James Wooldridge is prohibited from teaching indefinitely and ./Decision_for_Wooldridge_James.pdf-cannot teach in any school, sixth form college, relevant youth accommodation or ./Decision_for_Wooldridge_James.pdf-children’s home in England. Furthermore, in view of the seriousness of the allegations ./Decision_for_Wooldridge_James.pdf-found proved against him, I have decided that Mr James Wooldridge shall not be entitled ./Decision_for_Wooldridge_James.pdf-to apply for restoration of his eligibility to teach. ./Decision_Jonathan_Briggs.pdf-Allegations ./Decision_Jonathan_Briggs.pdf-The panel considered the allegations set out in the notice of proceedings dated 17 ./Decision_Jonathan_Briggs.pdf-December 2021. ./Decision_Jonathan_Briggs.pdf- ./Decision_Jonathan_Briggs.pdf-It was alleged that Mr Briggs was guilty of having been convicted of a relevant offence, in ./Decision_Jonathan_Briggs.pdf-that: ./Decision_Jonathan_Briggs.pdf- ./Decision_Jonathan_Briggs.pdf-1. On or around 10 October 2019, he was convicted of possession of extreme ./Decision_Jonathan_Briggs.pdf: pornographic images of an act of intercourse / oral sex with a dead / alive animal on ./Decision_Jonathan_Briggs.pdf- 1 September 2017 to 18 April 2019, contrary to s. 63 (1) (7)(d) of the Criminal Justice ./Decision_Jonathan_Briggs.pdf- and Immigration Act 2008. ./Decision_Jonathan_Briggs.pdf- ./Decision_Jonathan_Briggs.pdf-2. On or around 10 October 2019 he was convicted of making an indecent photograph ./Decision_Jonathan_Briggs.pdf- or pseudo-photograph of a child on 22 November 2014 to 22 April 2019 contrary to ./Decision_Jonathan_Briggs.pdf- s.1(a) of the Protection of Children Act 1978. ./Decision_Jonathan_Briggs.pdf- ./Decision_Jonathan_Briggs.pdf-3. On or around 10 October 2019 he was convicted of making an indecent photograph ./Decision_Jonathan_Briggs.pdf- or pseudo-photograph of a child on 22 November 2014 to 22 April 2019 contrary to ./Decision_Jonathan_Briggs.pdf- s.1(a) of the Protection of Children Act 1978. -- ./Decision_Jonathan_Briggs.pdf-On 24 April 2019, an ‘executed strike’ was carried out by the police at Mr Briggs’ home to ./Decision_Jonathan_Briggs.pdf-investigate whether inappropriate or indecent images had been accessed at the address. ./Decision_Jonathan_Briggs.pdf-The police removed a number of personal devices from Mr Briggs’ home to establish ./Decision_Jonathan_Briggs.pdf-whether such images had been accessed and whether internet access was locked down ./Decision_Jonathan_Briggs.pdf-or open, with the potential for others to use. ./Decision_Jonathan_Briggs.pdf- ./Decision_Jonathan_Briggs.pdf-On 14 August 2019, Mr Briggs left his role at the School following his resignation. ./Decision_Jonathan_Briggs.pdf- ./Decision_Jonathan_Briggs.pdf-On 10 October 2019, Mr Briggs was convicted of 4 offences at County Durham and ./Decision_Jonathan_Briggs.pdf-Darlington Magistrates Court, namely making indecent photographs/pseudo photographs ./Decision_Jonathan_Briggs.pdf:of a child and possessing extreme pornographic images. Mr Briggs pleaded guilty. ./Decision_Jonathan_Briggs.pdf- ./Decision_Jonathan_Briggs.pdf-On 11 November 2019, Mr Briggs was sentenced at Durham Crown Court to a 12 month ./Decision_Jonathan_Briggs.pdf-prison sentence, suspended for 24 months. Mr Briggs was also required to sign the sex ./Decision_Jonathan_Briggs.pdf-offenders register for a period of 10 years and a sexual harm prevention order was made ./Decision_Jonathan_Briggs.pdf-for a period of 10 years. ./Decision_Jonathan_Briggs.pdf- ./Decision_Jonathan_Briggs.pdf-Findings of fact ./Decision_Jonathan_Briggs.pdf- ./Decision_Jonathan_Briggs.pdf-The findings of fact are as follows: ./Decision_Jonathan_Briggs.pdf- ./Decision_Jonathan_Briggs.pdf-The panel found the following particulars of the allegations against you proved, for these ./Decision_Jonathan_Briggs.pdf-reasons: ./Decision_Jonathan_Briggs.pdf- ./Decision_Jonathan_Briggs.pdf-1. On or around 10 October 2019, you were convicted of possession of extreme ./Decision_Jonathan_Briggs.pdf: pornographic images of an act of intercourse / oral sex with a dead / alive ./Decision_Jonathan_Briggs.pdf- animal on 1 September 2017 to 18 April 2019, contrary to s. 63 (1) (7)(d) of the ./Decision_Jonathan_Briggs.pdf- Criminal Justice and Immigration Act 2008. ./Decision_Jonathan_Briggs.pdf- ./Decision_Jonathan_Briggs.pdf-2. On or around 10 October 2019 you were convicted of making an indecent ./Decision_Jonathan_Briggs.pdf- photograph or pseudo-photograph of a child on 22 November 2014 to 22 April ./Decision_Jonathan_Briggs.pdf- 2019 contrary to s.1(a) of the Protection of Children Act 1978. ./Decision_Jonathan_Briggs.pdf- ./Decision_Jonathan_Briggs.pdf-3. On or around 10 October 2019 you were convicted of making an indecent ./Decision_Jonathan_Briggs.pdf- photograph or pseudo-photograph of a child on 22 November 2014 to 22 April ./Decision_Jonathan_Briggs.pdf- 2019 contrary to s.1(a) of the Protection of Children Act 1978. -- ./Decision_Jonathan_Briggs.pdf-The panel was provided with a copy of the police report which indicated that ./Decision_Jonathan_Briggs.pdf-[REDACTED]. ./Decision_Jonathan_Briggs.pdf- ./Decision_Jonathan_Briggs.pdf-The panel was provided with a copy of the certificate of conviction from Durham Crown ./Decision_Jonathan_Briggs.pdf-Court, which confirmed that Mr Briggs had been convicted of one count of possessing ./Decision_Jonathan_Briggs.pdf:extreme pornographic images – act of intercourse/oral sex with a dead/alive animal and ./Decision_Jonathan_Briggs.pdf-three counts of making an indecent photograph/pseudo-photograph of a child. ./Decision_Jonathan_Briggs.pdf- ./Decision_Jonathan_Briggs.pdf-The panel noted page 8 of the Teacher misconduct: the prohibition of teachers February ./Decision_Jonathan_Briggs.pdf-2022 (‘the Advice’) which states that where there has been a conviction, at any time, of a ./Decision_Jonathan_Briggs.pdf-criminal offence, the panel will accept the certificate of conviction as conclusive proof of ./Decision_Jonathan_Briggs.pdf-both the conviction and the facts necessarily implied by the conviction that establishes ./Decision_Jonathan_Briggs.pdf-the relevant facts, unless exceptional circumstances apply. The panel did not consider ./Decision_Jonathan_Briggs.pdf-that there were any exceptional circumstances present. ./Decision_Jonathan_Briggs.pdf- ./Decision_Jonathan_Briggs.pdf-On examination of the documents before the panel, including the police report and the -- ./Decision_Jonathan_Briggs.pdf-The panel was satisfied that the conduct of Mr Briggs was wholly contrary to the ./Decision_Jonathan_Briggs.pdf-standards expected of the teaching profession, and it was of the view that Mr Briggs’ ./Decision_Jonathan_Briggs.pdf-conduct was at the more serious end of the spectrum. ./Decision_Jonathan_Briggs.pdf- ./Decision_Jonathan_Briggs.pdf-The panel noted that the offences had taken place outside of the school setting and had ./Decision_Jonathan_Briggs.pdf-not involved pupils from the schools where Mr Briggs worked or other members of staff. ./Decision_Jonathan_Briggs.pdf-However, the panel concluded that Mr Briggs’ actions were relevant to teaching, working ./Decision_Jonathan_Briggs.pdf-with children and/or working in an education setting. This was on the basis that Mr Briggs ./Decision_Jonathan_Briggs.pdf-was convicted of making indecent photographs/pseudo photographs of children and ./Decision_Jonathan_Briggs.pdf:possessing extreme pornographic images. The panel was of the view that Mr Briggs’ ./Decision_Jonathan_Briggs.pdf-actions contravened the spirit of the safeguarding obligations to which he was subject as ./Decision_Jonathan_Briggs.pdf-a teacher. The behaviour involved in committing the offences could have had an impact ./Decision_Jonathan_Briggs.pdf-on the safety or security of pupils and/or members of the public. ./Decision_Jonathan_Briggs.pdf- ./Decision_Jonathan_Briggs.pdf-The panel also took account of the way the teaching profession is viewed by others. The ./Decision_Jonathan_Briggs.pdf-panel considered that Mr Briggs’ behaviour in committing the offence could affect public ./Decision_Jonathan_Briggs.pdf-confidence in the teaching profession, given the influence that teachers may have on ./Decision_Jonathan_Briggs.pdf-pupils, parents and others in the community. ./Decision_Jonathan_Briggs.pdf- ./Decision_Jonathan_Briggs.pdf-The panel noted that Mr Briggs’ behaviour ultimately led to a sentence of imprisonment, -- ./Decision_Jonathan_Briggs.pdf-show that blame has been apportioned, although they are likely to have punitive effect. ./Decision_Jonathan_Briggs.pdf- ./Decision_Jonathan_Briggs.pdf-The panel had regard to the particular public interest considerations set out in the Advice ./Decision_Jonathan_Briggs.pdf-and, having done so, found them to be relevant in this case, namely: the safeguarding ./Decision_Jonathan_Briggs.pdf-and wellbeing of pupils and other members of the public; the maintenance of public ./Decision_Jonathan_Briggs.pdf-confidence in the profession; declaring and upholding proper standards of conduct; and ./Decision_Jonathan_Briggs.pdf-that prohibition strikes the right balance between the rights of the teacher and the public ./Decision_Jonathan_Briggs.pdf-interest. ./Decision_Jonathan_Briggs.pdf- ./Decision_Jonathan_Briggs.pdf-In light of the panel’s findings against Mr Briggs which involved making indecent ./Decision_Jonathan_Briggs.pdf:photographs or pseudo-photographs of a child and possessing extreme pornographic ./Decision_Jonathan_Briggs.pdf-images, there was a strong public interest consideration in respect of the protection of ./Decision_Jonathan_Briggs.pdf-pupils. ./Decision_Jonathan_Briggs.pdf- ./Decision_Jonathan_Briggs.pdf-The panel considered Mr Briggs’ conduct to be serious, noting that a large number of ./Decision_Jonathan_Briggs.pdf-indecent images had been found on devices belonging to Mr Briggs (436 “category A” ./Decision_Jonathan_Briggs.pdf:images, 551 “category B” images, 399 “category C” images and 6 extreme pornographic ./Decision_Jonathan_Briggs.pdf-images), and that his conduct appeared to be consistent over a long period of time. ./Decision_Jonathan_Briggs.pdf-During the police interview, Mr Briggs accepted that he was responsible for the content ./Decision_Jonathan_Briggs.pdf-on the devices recovered by the police. ./Decision_Jonathan_Briggs.pdf- ./Decision_Jonathan_Briggs.pdf-The panel therefore considered that public confidence in the profession could be ./Decision_Jonathan_Briggs.pdf-seriously weakened if conduct such as that found against Mr Briggs was not treated with ./Decision_Jonathan_Briggs.pdf-the utmost seriousness when regulating the conduct of the profession. The panel ./Decision_Jonathan_Briggs.pdf-assessed public confidence by reference to the standard of an ordinary intelligent and ./Decision_Jonathan_Briggs.pdf-well-informed citizen, who both appreciates the seriousness of the proposed ‘sanction’ ./Decision_Jonathan_Briggs.pdf-and recognises the high standards expected of all teachers, as well as other issues -- ./Decision_Jonathan_Briggs.pdf- own attendance and punctuality. ./Decision_Jonathan_Briggs.pdf- ./Decision_Jonathan_Briggs.pdf- • Teachers must have an understanding of, and always act within, the statutory ./Decision_Jonathan_Briggs.pdf- frameworks which set out their professional duties and responsibilities. ./Decision_Jonathan_Briggs.pdf- ./Decision_Jonathan_Briggs.pdf-The panel finds that the conduct of Mr Briggs fell significantly short of the standards ./Decision_Jonathan_Briggs.pdf-expected of the profession. ./Decision_Jonathan_Briggs.pdf- ./Decision_Jonathan_Briggs.pdf-The findings of misconduct are particularly serious as they include a finding which ./Decision_Jonathan_Briggs.pdf-involved making indecent photographs or pseudo-photographs of a child and possessing ./Decision_Jonathan_Briggs.pdf:extreme pornographic images. ./Decision_Jonathan_Briggs.pdf- ./Decision_Jonathan_Briggs.pdf- ./Decision_Jonathan_Briggs.pdf- 13 ./Decision_Jonathan_Briggs.pdf- ./Dimmock_Hayley_web_decision.pdf- other students; ./Dimmock_Hayley_web_decision.pdf- ./Dimmock_Hayley_web_decision.pdf- 2. On an unknown date you visited Student A at his home address when no-one else ./Dimmock_Hayley_web_decision.pdf- was present; ./Dimmock_Hayley_web_decision.pdf- ./Dimmock_Hayley_web_decision.pdf- 3. While on a trip to Cuba in July 2014 you failed to safeguard and supervise ./Dimmock_Hayley_web_decision.pdf- students in your care, specifically, you: ./Dimmock_Hayley_web_decision.pdf- ./Dimmock_Hayley_web_decision.pdf- a. Consumed alcohol, ./Dimmock_Hayley_web_decision.pdf- ./Dimmock_Hayley_web_decision.pdf: b. Engaged in sexual activity with an adult in a room, located under the ./Dimmock_Hayley_web_decision.pdf- students’ accommodation, which could be seen into by students. ./Dimmock_Hayley_web_decision.pdf- ./Dimmock_Hayley_web_decision.pdf- 4. On 10 October 2014, you touched the back of Student B’s head while commenting ./Dimmock_Hayley_web_decision.pdf- on his haircut. ./Dimmock_Hayley_web_decision.pdf- ./Dimmock_Hayley_web_decision.pdf- 5. You failed to adhere to a management instruction in relation to maintaining ./Dimmock_Hayley_web_decision.pdf- professional boundaries including those given in Cuba and/or following your return ./Dimmock_Hayley_web_decision.pdf- to the School after the trip. ./Dimmock_Hayley_web_decision.pdf- ./Dimmock_Hayley_web_decision.pdf- In a Statement of Agreed Facts signed by Ms Dimmock on 16 April 2015 and by the -- ./Dimmock_Hayley_web_decision.pdf-that other members of staff were consuming alcohol that evening. In the view of the ./Dimmock_Hayley_web_decision.pdf-panel, it is inappropriate for a teacher to consume alcohol whilst having responsibility for ./Dimmock_Hayley_web_decision.pdf-the safeguarding and supervision of students on a school trip. The panel considers that ./Dimmock_Hayley_web_decision.pdf-Ms Dimmock failed to adhere to appropriate professional boundaries and therefore the ./Dimmock_Hayley_web_decision.pdf-panel finds this allegation proven. ./Dimmock_Hayley_web_decision.pdf- ./Dimmock_Hayley_web_decision.pdf: b. Engaged in sexual activity with an adult in a room, located under the ./Dimmock_Hayley_web_decision.pdf- students’ accommodation, which could be seen into by students. ./Dimmock_Hayley_web_decision.pdf- ./Dimmock_Hayley_web_decision.pdf-The investigation report included in the bundle states that Ms Dimmock had not behaved ./Dimmock_Hayley_web_decision.pdf-appropriately, or displayed the conduct that would be expected of a teacher on a school ./Dimmock_Hayley_web_decision.pdf-trip, with regard to her liaison with a diving instructor. During the School’s investigation ./Dimmock_Hayley_web_decision.pdf:Ms Dimmock did not deny that she had had sexual intercourse with a diving instructor. ./Dimmock_Hayley_web_decision.pdf-Ms Dimmock was embarrassed by the situation. The liaison took place in the instructor’s ./Dimmock_Hayley_web_decision.pdf-room which was below the students’ accommodation. Ms Dimmock indicates in her ./Dimmock_Hayley_web_decision.pdf-written representations that the curtains to the room were drawn. However, two members ./Dimmock_Hayley_web_decision.pdf-of staff passing the room were able to see what was happening through a gap in the ./Dimmock_Hayley_web_decision.pdf-curtains. Staff had to prevent a group of students from walking near the room. Whilst ./Dimmock_Hayley_web_decision.pdf-there was no evidence that any students had seen or heard anything, the panel agreed ./Dimmock_Hayley_web_decision.pdf-with the presenting officer’s submission that the drawing of the curtains was insufficient to ./Dimmock_Hayley_web_decision.pdf-prevent Ms Dimmock from potentially being seen by the students. ./Dimmock_Hayley_web_decision.pdf- ./Dimmock_Hayley_web_decision.pdf-By Ms Dimmock’s own admission she spent the night in the diving instructor’s room and ./Dimmock_Hayley_web_decision.pdf-therefore could not be supervising students. The panel found that Ms Dimmock’s conduct ./Dimmock_Hayley_web_decision.pdf:was a clear failure to safeguard and supervise students under her care. Having sexual ./Dimmock_Hayley_web_decision.pdf-relations whilst she was meant to be supervising students was a failure to adhere to ./Dimmock_Hayley_web_decision.pdf-professional boundaries. In addition, Ms Dimmock staying overnight in a room that was ./Dimmock_Hayley_web_decision.pdf-located close to students’ accommodation was also a clear failure to act within or adhere ./Dimmock_Hayley_web_decision.pdf-to professional boundaries, as it was possible that Ms Dimmock could have been seen or ./Dimmock_Hayley_web_decision.pdf-heard by students. Accordingly, the panel finds this allegation proven. ./Dimmock_Hayley_web_decision.pdf- ./Dimmock_Hayley_web_decision.pdf-5. You failed to adhere to a management instruction in relation to maintaining ./Dimmock_Hayley_web_decision.pdf-professional boundaries including those given in Cuba and/or following your ./Dimmock_Hayley_web_decision.pdf-return to the School after the trip. ./Dimmock_Hayley_web_decision.pdf- -- ./Dimmock_Hayley_web_decision.pdf- with statutory provisions; ./Dimmock_Hayley_web_decision.pdf-  Teachers must have proper and professional regard for the ethos, policies and ./Dimmock_Hayley_web_decision.pdf- practices of the school in which they teach, and maintain high standards in their ./Dimmock_Hayley_web_decision.pdf- own attendance and punctuality. ./Dimmock_Hayley_web_decision.pdf-The panel is satisfied that the conduct of Ms Dimmock was serious and fell significantly ./Dimmock_Hayley_web_decision.pdf-short of the standards expected of the profession. The repeated failure to observe ./Dimmock_Hayley_web_decision.pdf-professional boundaries despite the guidance and warnings provided by colleagues, ./Dimmock_Hayley_web_decision.pdf-showed a disregard for the Teachers’ Standards including her responsibility to safeguard ./Dimmock_Hayley_web_decision.pdf-the welfare of Student A. The panel notes that the majority of the above allegations relate ./Dimmock_Hayley_web_decision.pdf-to Ms Dimmock’s behaviour during the trip to Cuba. Ms Dimmock’s consumption of ./Dimmock_Hayley_web_decision.pdf:alcohol and sexual relations with an adult in a room close to the students’ ./Dimmock_Hayley_web_decision.pdf-accommodation could have led to students being exposed to or influenced by her ./Dimmock_Hayley_web_decision.pdf- ./Dimmock_Hayley_web_decision.pdf- ./Dimmock_Hayley_web_decision.pdf- 13 ./Dimmock_Hayley_web_decision.pdf- -- ./Dimmock_Hayley_web_decision.pdf-warnings provided by the School, consumption of alcohol at a party which students ./Dimmock_Hayley_web_decision.pdf:attended, and sexual activity in a room close to where the students slept. ./Dimmock_Hayley_web_decision.pdf- ./Dimmock_Hayley_web_decision.pdf-Similarly, the panel considers that public confidence in the profession could be seriously ./Dimmock_Hayley_web_decision.pdf-weakened if conduct such as that found against Ms Dimmock were not treated with the ./Dimmock_Hayley_web_decision.pdf-utmost seriousness when regulating the conduct of the profession. ./Dimmock_Hayley_web_decision.pdf- ./Dimmock_Hayley_web_decision.pdf-The panel considered that a strong public interest consideration in declaring proper ./Dimmock_Hayley_web_decision.pdf-standards of conduct in the profession was also present as the conduct found against Ms ./Dimmock_Hayley_web_decision.pdf-Dimmock was outside that which could reasonably be tolerated. ./Dimmock_Hayley_web_decision.pdf- ./Dimmock_Hayley_web_decision.pdf-Notwithstanding the clear public interest considerations that were present, the panel -- ./Dimmock_Hayley_web_decision.pdf-interviews that there was no suggestion that Ms Dimmock had sought to touch Student A ./Dimmock_Hayley_web_decision.pdf-inappropriately, rather that she had not discouraged him from spending time with her or ./Dimmock_Hayley_web_decision.pdf-touching her. The panel notes that Ms Dimmock has not been in the profession for long ./Dimmock_Hayley_web_decision.pdf-and is young and inexperienced. The letter of dismissal from the headteacher of the ./Dimmock_Hayley_web_decision.pdf-School indicated that Ms Dimmock was previously of good character and that he ./Dimmock_Hayley_web_decision.pdf-regarded her as “in very many ways an excellent teacher”. ./Dimmock_Hayley_web_decision.pdf- ./Dimmock_Hayley_web_decision.pdf-Taking into account the seriousness of Ms Dimmock’s misconduct, the panel is of the ./Dimmock_Hayley_web_decision.pdf-view that prohibition is both proportionate and appropriate. The panel has decided that ./Dimmock_Hayley_web_decision.pdf-the public interest considerations outweigh the interests of Ms Dimmock. Engaging in ./Dimmock_Hayley_web_decision.pdf:sexual activity with an adult when she was supposed to be supervising students and ./Dimmock_Hayley_web_decision.pdf-ensuring that they got back to their rooms safely after a party was a significant factor in ./Dimmock_Hayley_web_decision.pdf- ./Dimmock_Hayley_web_decision.pdf- 15 ./Dimmock_Hayley_web_decision.pdf- -- ./Dimmock_Hayley_web_decision.pdf- ./Dimmock_Hayley_web_decision.pdf-The guidance indicates that there are behaviours that, if proven, would militate against a ./Dimmock_Hayley_web_decision.pdf-review period being recommended. The panel considered that none of the behaviours ./Dimmock_Hayley_web_decision.pdf-listed on pages 11 to 12 of the guidance are relevant. The panel therefore went on to ./Dimmock_Hayley_web_decision.pdf-consider whether or not it would be appropriate for them to decide to recommend that a ./Dimmock_Hayley_web_decision.pdf-review period of the order should be considered. ./Dimmock_Hayley_web_decision.pdf- ./Dimmock_Hayley_web_decision.pdf-The panel considers that Ms Dimmock has shown no remorse for, or insight into, her ./Dimmock_Hayley_web_decision.pdf-behaviour towards Student A. In a record of a further disciplinary meeting with the ./Dimmock_Hayley_web_decision.pdf-School, it is stated that Ms Dimmock did not think that she had done anything wrong with ./Dimmock_Hayley_web_decision.pdf:regard to Student A. Whilst she did admit that having sexual relations with the diving ./Dimmock_Hayley_web_decision.pdf-instructor was “wrong”, she did not accept that she failed to fulfil her professional ./Dimmock_Hayley_web_decision.pdf-obligations to ensure that the students’ welfare and well-being were protected. Ms ./Dimmock_Hayley_web_decision.pdf-Dimmock produced no evidence to satisfy the panel that her conduct would not be ./Dimmock_Hayley_web_decision.pdf-repeated in the future. Similarly, Ms Dimmock failed to recognise the impact of her ./Dimmock_Hayley_web_decision.pdf-behaviour on the students and her colleagues. ./Dimmock_Hayley_web_decision.pdf- ./Dimmock_Hayley_web_decision.pdf-However, taking into consideration the mitigation referred to above and, in particular, the ./Dimmock_Hayley_web_decision.pdf-comments made by the headteacher of the School with regard to Ms Dimmock’s positive ./Dimmock_Hayley_web_decision.pdf-attributes as a teacher, the panel considered a review period would be appropriate. As ./Dimmock_Hayley_web_decision.pdf-such, the panel decided that it would be proportionate to recommend a review period of ./Disciplinary_procedures_for_the_teaching__profession_old_version.pdf- ./Disciplinary_procedures_for_the_teaching__profession_old_version.pdf- • set out the allegation(s) referred to the Secretary of State, enclosing, subject to ./Disciplinary_procedures_for_the_teaching__profession_old_version.pdf- paragraph 3.3 below, copies of relevant documentation, including details of any ./Disciplinary_procedures_for_the_teaching__profession_old_version.pdf- relevant criminal convictions obtained from a relevant police force; ./Disciplinary_procedures_for_the_teaching__profession_old_version.pdf- • invite the teacher to make written representations regarding the allegation, normally ./Disciplinary_procedures_for_the_teaching__profession_old_version.pdf- within four weeks from receipt of the initial letter, and to provide any other relevant ./Disciplinary_procedures_for_the_teaching__profession_old_version.pdf- evidence which the teacher wishes; and ./Disciplinary_procedures_for_the_teaching__profession_old_version.pdf- • provide access to a copy of these Disciplinary Procedures. ./Disciplinary_procedures_for_the_teaching__profession_old_version.pdf-3.3. The TRA may receive documents or other physical evidence prior to writing the initial ./Disciplinary_procedures_for_the_teaching__profession_old_version.pdf-letter that are not appropriate or practicable to be copied or sent to the teacher. Examples ./Disciplinary_procedures_for_the_teaching__profession_old_version.pdf:may be pornographic material or information stored on a computer hard drive. In these ./Disciplinary_procedures_for_the_teaching__profession_old_version.pdf-cases, the TRA will provide the teacher or his or her representative with: ./Disciplinary_procedures_for_the_teaching__profession_old_version.pdf- ./Disciplinary_procedures_for_the_teaching__profession_old_version.pdf- • a description of the evidence; ./Disciplinary_procedures_for_the_teaching__profession_old_version.pdf- • an explanation of the reason why a copy of the evidence cannot be provided; and ./Disciplinary_procedures_for_the_teaching__profession_old_version.pdf- • details of the arrangements that may be made for inspection of that evidence by the ./Disciplinary_procedures_for_the_teaching__profession_old_version.pdf- teacher and/or their representative. ./Disciplinary_procedures_for_the_teaching__profession_old_version.pdf-3.4. The TRA will send a copy of the initial letter to the employer, employment or supply ./Disciplinary_procedures_for_the_teaching__profession_old_version.pdf-agency, or member of the public who made the referral. ./Disciplinary_procedures_for_the_teaching__profession_old_version.pdf- ./Disciplinary_procedures_for_the_teaching__profession_old_version.pdf-Consideration of evidence/use of experts -- ./Disciplinary_procedures_for_the_teaching__profession_old_version.pdf- • who is significantly impaired in relation to intelligence and social functioning; ./Disciplinary_procedures_for_the_teaching__profession_old_version.pdf- • with physical disabilities who requires assistance to give evidence; ./Disciplinary_procedures_for_the_teaching__profession_old_version.pdf: • where the allegation against the teacher is of a sexual nature and the witness was ./Disciplinary_procedures_for_the_teaching__profession_old_version.pdf- the alleged victim; and/or ./Disciplinary_procedures_for_the_teaching__profession_old_version.pdf- • who complains of intimidation. ./Disciplinary_procedures_for_the_teaching__profession_old_version.pdf-4.72. The panel will adopt such measures as they consider necessary to safeguard the ./Disciplinary_procedures_for_the_teaching__profession_old_version.pdf-interests of a child or vulnerable witness, which may include: ./Disciplinary_procedures_for_the_teaching__profession_old_version.pdf- ./Disciplinary_procedures_for_the_teaching__profession_old_version.pdf- • the use of a video link; ./Disciplinary_procedures_for_the_teaching__profession_old_version.pdf- • the use of pre-recorded evidence; ./Disciplinary_procedures_for_the_teaching__profession_old_version.pdf- • the use of interpreters (including signers and translators); ./Disciplinary_procedures_for_the_teaching__profession_old_version.pdf- • the use of an intermediary; ./Disciplinary_procedures_for_the_teaching__profession_old_version.pdf- • the hearing of evidence by the panel in private; and/or ./Disciplinary_procedures_for_the_teaching__profession_old_version.pdf- • the attendance of a witness supporter. ./Disciplinary_procedures_for_the_teaching__profession_old_version.pdf:Where either any part of the allegation against a teacher is sexual in nature and the alleged ./Disciplinary_procedures_for_the_teaching__profession_old_version.pdf-victim is giving evidence, or a child witness is giving evidence in relation to any allegation, ./Disciplinary_procedures_for_the_teaching__profession_old_version.pdf-the teacher will not be allowed to examine or cross-examine the witness. In such ./Disciplinary_procedures_for_the_teaching__profession_old_version.pdf-circumstances, the panel may direct that examination or cross-examination of the witness ./Disciplinary_procedures_for_the_teaching__profession_old_version.pdf-will be undertaken by such means, or by such person, as the panel considers appropriate. ./Disciplinary_procedures_for_the_teaching__profession_old_version.pdf- ./Disciplinary_procedures_for_the_teaching__profession_old_version.pdf- ./Disciplinary_procedures_for_the_teaching__profession_old_version.pdf-Decision-making and recommendation ./Disciplinary_procedures_for_the_teaching__profession_old_version.pdf-4.73. During the course of its deliberations, the panel will consider all the evidence ./Disciplinary_procedures_for_the_teaching__profession_old_version.pdf-available. It may take into account the conduct elements of the latest teacher standards ./Disciplinary_procedures_for_the_teaching__profession_old_version.pdf-published by, or on behalf of, the Secretary of State, to determine whether the teacher has ./Dr_Stephen_Jones.pdf-5. He failed to maintain proper professional boundaries in respect of Pupil C in that he: ./Dr_Stephen_Jones.pdf- ./Dr_Stephen_Jones.pdf- a. bought him gifts; ./Dr_Stephen_Jones.pdf- ./Dr_Stephen_Jones.pdf- b. bought him alcohol on a trip to the New Forest without his parents’ consent; ./Dr_Stephen_Jones.pdf- ./Dr_Stephen_Jones.pdf- c. took Pupil C and other Pupils on a trip to New Forest without any other adult ./Dr_Stephen_Jones.pdf- present and without informing the College and/or parents that no other adult would ./Dr_Stephen_Jones.pdf- be present ./Dr_Stephen_Jones.pdf- ./Dr_Stephen_Jones.pdf:6. His conduct as may be found proven at allegation 1 and/or 4 and/or 5 was sexually ./Dr_Stephen_Jones.pdf-motivated. ./Dr_Stephen_Jones.pdf- ./Dr_Stephen_Jones.pdf-7. His conduct as may be found proven at allegations 1b and/or 1e and/or 1h and/or 3 ./Dr_Stephen_Jones.pdf-was dishonest. ./Dr_Stephen_Jones.pdf- ./Dr_Stephen_Jones.pdf- ./Dr_Stephen_Jones.pdf-C. Preliminary applications ./Dr_Stephen_Jones.pdf-Proceeding in Absence ./Dr_Stephen_Jones.pdf- ./Dr_Stephen_Jones.pdf-The panel considered an application from the presenting officer to proceed in the -- ./Dr_Stephen_Jones.pdf-The panel found that evidence of Witness G regarding Dr Jones’ knowledge of Pupil A’s ./Dr_Stephen_Jones.pdf-location to be circumstantial. The panel was not convinced that sufficient evidence was ./Dr_Stephen_Jones.pdf-presented to find that on the balance of probabilities that Dr Jones had himself installed ./Dr_Stephen_Jones.pdf-location tracking software on Pupil A’s phone. ./Dr_Stephen_Jones.pdf- ./Dr_Stephen_Jones.pdf-Therefore, this sub-particular was not proven. ./Dr_Stephen_Jones.pdf- ./Dr_Stephen_Jones.pdf-6. Your conduct as may be found proven at allegation 1 and/or 4 and/or 5 was ./Dr_Stephen_Jones.pdf:sexually motivated. ./Dr_Stephen_Jones.pdf- ./Dr_Stephen_Jones.pdf-The panel considered the entirety of the evidence put before it. The panel went to great ./Dr_Stephen_Jones.pdf-lengths to understand Dr Jones’ motivations in carrying out the actions pertaining to the ./Dr_Stephen_Jones.pdf-particulars and sub-particulars which it found proven. The panel specifically questioned ./Dr_Stephen_Jones.pdf-those witnesses who appeared before it on what they considered to be Dr Jones’ ./Dr_Stephen_Jones.pdf-motivation. Whilst a number of witnesses said they believed Dr Jones’ behaviour ./Dr_Stephen_Jones.pdf:amounted to grooming, none of them said that they believed that Dr Jones was sexually ./Dr_Stephen_Jones.pdf-motivated in his actions. In the absence of any other evidence, the panel did not find that ./Dr_Stephen_Jones.pdf-the TRA had proved this particular on the balance of probabilities. ./Dr_Stephen_Jones.pdf- ./Dr_Stephen_Jones.pdf-Findings as to unacceptable professional conduct and/or conduct that ./Dr_Stephen_Jones.pdf-may bring the profession into disrepute ./Dr_Stephen_Jones.pdf-Having found a number of the particulars and sub-particulars of the allegation to have ./Dr_Stephen_Jones.pdf-been proven, the panel has gone on to consider whether the facts of those proven ./Dr_Stephen_Jones.pdf-allegations amount to unacceptable professional conduct and/or conduct that may bring ./Dr_Stephen_Jones.pdf-the profession into disrepute. ./Dr_Stephen_Jones.pdf- ./Duffell__Andrew_James_-_0862368_-_Web_Decision_-_19_December_2014.pdf-employed at Easingwold School: ./Duffell__Andrew_James_-_0862368_-_Web_Decision_-_19_December_2014.pdf- ./Duffell__Andrew_James_-_0862368_-_Web_Decision_-_19_December_2014.pdf- 1. On an unknown date in 2012, you: ./Duffell__Andrew_James_-_0862368_-_Web_Decision_-_19_December_2014.pdf- ./Duffell__Andrew_James_-_0862368_-_Web_Decision_-_19_December_2014.pdf- a. added/accepted Pupil A as a ‘friend’ on Facebook. ./Duffell__Andrew_James_-_0862368_-_Web_Decision_-_19_December_2014.pdf- ./Duffell__Andrew_James_-_0862368_-_Web_Decision_-_19_December_2014.pdf- b. did not know Pupil A at the time of your conduct as described in paragraph 1(a) ./Duffell__Andrew_James_-_0862368_-_Web_Decision_-_19_December_2014.pdf- above; ./Duffell__Andrew_James_-_0862368_-_Web_Decision_-_19_December_2014.pdf- ./Duffell__Andrew_James_-_0862368_-_Web_Decision_-_19_December_2014.pdf- 2. On one or more occasions prior to November 2012, you engaged in inappropriate ./Duffell__Andrew_James_-_0862368_-_Web_Decision_-_19_December_2014.pdf: conversations of a sexual nature with Pupil A. ./Duffell__Andrew_James_-_0862368_-_Web_Decision_-_19_December_2014.pdf- ./Duffell__Andrew_James_-_0862368_-_Web_Decision_-_19_December_2014.pdf- a. on Facebook, ./Duffell__Andrew_James_-_0862368_-_Web_Decision_-_19_December_2014.pdf- ./Duffell__Andrew_James_-_0862368_-_Web_Decision_-_19_December_2014.pdf- b. via text message and/or Whats App messages, ./Duffell__Andrew_James_-_0862368_-_Web_Decision_-_19_December_2014.pdf- ./Duffell__Andrew_James_-_0862368_-_Web_Decision_-_19_December_2014.pdf- c. in person; ./Duffell__Andrew_James_-_0862368_-_Web_Decision_-_19_December_2014.pdf- ./Duffell__Andrew_James_-_0862368_-_Web_Decision_-_19_December_2014.pdf- 3. On one or more occasions in 2012, you arranged to meet with Pupil A including: ./Duffell__Andrew_James_-_0862368_-_Web_Decision_-_19_December_2014.pdf- ./Duffell__Andrew_James_-_0862368_-_Web_Decision_-_19_December_2014.pdf- a. in or around July 2012 when you: ./Duffell__Andrew_James_-_0862368_-_Web_Decision_-_19_December_2014.pdf- ./Duffell__Andrew_James_-_0862368_-_Web_Decision_-_19_December_2014.pdf- i. picked Pupil A up from Stockton in your car. ./Duffell__Andrew_James_-_0862368_-_Web_Decision_-_19_December_2014.pdf- ./Duffell__Andrew_James_-_0862368_-_Web_Decision_-_19_December_2014.pdf- ii. drove Pupil A to a secluded spot. ./Duffell__Andrew_James_-_0862368_-_Web_Decision_-_19_December_2014.pdf- ./Duffell__Andrew_James_-_0862368_-_Web_Decision_-_19_December_2014.pdf- iii. whilst in your car: ./Duffell__Andrew_James_-_0862368_-_Web_Decision_-_19_December_2014.pdf- ./Duffell__Andrew_James_-_0862368_-_Web_Decision_-_19_December_2014.pdf: 1. you performed oral sex on Pupil A, ./Duffell__Andrew_James_-_0862368_-_Web_Decision_-_19_December_2014.pdf- ./Duffell__Andrew_James_-_0862368_-_Web_Decision_-_19_December_2014.pdf: 2. Pupil A performed oral sex on you; ./Duffell__Andrew_James_-_0862368_-_Web_Decision_-_19_December_2014.pdf- ./Duffell__Andrew_James_-_0862368_-_Web_Decision_-_19_December_2014.pdf- 4. At the time of the events described at paragraphs 1 to 3 above: ./Duffell__Andrew_James_-_0862368_-_Web_Decision_-_19_December_2014.pdf- ./Duffell__Andrew_James_-_0862368_-_Web_Decision_-_19_December_2014.pdf- a. Pupil A was under the age of 16, ./Duffell__Andrew_James_-_0862368_-_Web_Decision_-_19_December_2014.pdf- ./Duffell__Andrew_James_-_0862368_-_Web_Decision_-_19_December_2014.pdf- b. you knew or ought to have known that Pupil A was under the age of 16; ./Duffell__Andrew_James_-_0862368_-_Web_Decision_-_19_December_2014.pdf- ./Duffell__Andrew_James_-_0862368_-_Web_Decision_-_19_December_2014.pdf: 5. Your conduct as described at paragraphs 1 to 3 above was sexually motivated. ./Duffell__Andrew_James_-_0862368_-_Web_Decision_-_19_December_2014.pdf- ./Duffell__Andrew_James_-_0862368_-_Web_Decision_-_19_December_2014.pdf- ./Duffell__Andrew_James_-_0862368_-_Web_Decision_-_19_December_2014.pdf- ./Duffell__Andrew_James_-_0862368_-_Web_Decision_-_19_December_2014.pdf- ./Duffell__Andrew_James_-_0862368_-_Web_Decision_-_19_December_2014.pdf- 4 ./Duffell__Andrew_James_-_0862368_-_Web_Decision_-_19_December_2014.pdf- -- ./Duffell__Andrew_James_-_0862368_-_Web_Decision_-_19_December_2014.pdf- ./Duffell__Andrew_James_-_0862368_-_Web_Decision_-_19_December_2014.pdf-The Panel confirm that it has read all the documents provided in the bundle in advance of ./Duffell__Andrew_James_-_0862368_-_Web_Decision_-_19_December_2014.pdf-the hearing. ./Duffell__Andrew_James_-_0862368_-_Web_Decision_-_19_December_2014.pdf- ./Duffell__Andrew_James_-_0862368_-_Web_Decision_-_19_December_2014.pdf-Summary of Evidence ./Duffell__Andrew_James_-_0862368_-_Web_Decision_-_19_December_2014.pdf- ./Duffell__Andrew_James_-_0862368_-_Web_Decision_-_19_December_2014.pdf-Mr Duffell had been employed by Easingwold School as an ICT Teacher from 1 ./Duffell__Andrew_James_-_0862368_-_Web_Decision_-_19_December_2014.pdf-September 2009 and became an Assistant Principal Teacher in Business and Enterprise ./Duffell__Andrew_James_-_0862368_-_Web_Decision_-_19_December_2014.pdf-at the same School in 2011. In early 2012, it is alleged that Mr Duffell initially contacted ./Duffell__Andrew_James_-_0862368_-_Web_Decision_-_19_December_2014.pdf-Pupil A by Facebook, and then engaged in a series of inappropriate messages many of ./Duffell__Andrew_James_-_0862368_-_Web_Decision_-_19_December_2014.pdf:which were of a sexual nature prior to meeting up with Pupil A for the purpose of sexual ./Duffell__Andrew_James_-_0862368_-_Web_Decision_-_19_December_2014.pdf-activity. On 1 November 2012, Mr Duffell was interviewed by the police and was ./Duffell__Andrew_James_-_0862368_-_Web_Decision_-_19_December_2014.pdf- ./Duffell__Andrew_James_-_0862368_-_Web_Decision_-_19_December_2014.pdf- ./Duffell__Andrew_James_-_0862368_-_Web_Decision_-_19_December_2014.pdf- 7 ./Duffell__Andrew_James_-_0862368_-_Web_Decision_-_19_December_2014.pdf- -- ./Duffell__Andrew_James_-_0862368_-_Web_Decision_-_19_December_2014.pdf- in paragraph 1(a) above; ./Duffell__Andrew_James_-_0862368_-_Web_Decision_-_19_December_2014.pdf- ./Duffell__Andrew_James_-_0862368_-_Web_Decision_-_19_December_2014.pdf-In the record of his discussion with the police, Pupil A indicates that he did not know Mr ./Duffell__Andrew_James_-_0862368_-_Web_Decision_-_19_December_2014.pdf-Duffell at the time they corresponded on Facebook, however they had a mutual friend in ./Duffell__Andrew_James_-_0862368_-_Web_Decision_-_19_December_2014.pdf-common. In addition, the Panel noted that Mr Duffell admits in his statement to the ./Duffell__Andrew_James_-_0862368_-_Web_Decision_-_19_December_2014.pdf-National College that he had not met Pupil A prior to exchanging messages on Facebook ./Duffell__Andrew_James_-_0862368_-_Web_Decision_-_19_December_2014.pdf-and therefore it is clear that Mr Duffell did not “know” Pupil A at the time. Therefore ./Duffell__Andrew_James_-_0862368_-_Web_Decision_-_19_December_2014.pdf-allegation 1(b) was also therefore found proved. ./Duffell__Andrew_James_-_0862368_-_Web_Decision_-_19_December_2014.pdf- ./Duffell__Andrew_James_-_0862368_-_Web_Decision_-_19_December_2014.pdf- 2. On one or more occasions prior to November 2012, you engaged ./Duffell__Andrew_James_-_0862368_-_Web_Decision_-_19_December_2014.pdf: in inappropriate conversations of a sexual nature with Pupil A. ./Duffell__Andrew_James_-_0862368_-_Web_Decision_-_19_December_2014.pdf- ./Duffell__Andrew_James_-_0862368_-_Web_Decision_-_19_December_2014.pdf- a. on Facebook, ./Duffell__Andrew_James_-_0862368_-_Web_Decision_-_19_December_2014.pdf- ./Duffell__Andrew_James_-_0862368_-_Web_Decision_-_19_December_2014.pdf-Mr Duffell refers, in the transcript of his interview with the police, to Pupil A engaging in ./Duffell__Andrew_James_-_0862368_-_Web_Decision_-_19_December_2014.pdf:conversations of a sexual nature with him. He also admits he may “possibly” have ./Duffell__Andrew_James_-_0862368_-_Web_Decision_-_19_December_2014.pdf-engaged in such conversations, on the assumption that Pupil A was 16. Such ./Duffell__Andrew_James_-_0862368_-_Web_Decision_-_19_December_2014.pdf-conversations took place on Facebook or by text message. The Panel had regard to the ./Duffell__Andrew_James_-_0862368_-_Web_Decision_-_19_December_2014.pdf-note of Mr Duffell’s discussion with his employer on 17 July 2013, in which it is recorded ./Duffell__Andrew_James_-_0862368_-_Web_Decision_-_19_December_2014.pdf-that Mr Duffell recollected that Pupil A began posting messages to him on Facebook ./Duffell__Andrew_James_-_0862368_-_Web_Decision_-_19_December_2014.pdf:which contained items of a sexual nature which he initially engaged with. The Panel ./Duffell__Andrew_James_-_0862368_-_Web_Decision_-_19_December_2014.pdf- ./Duffell__Andrew_James_-_0862368_-_Web_Decision_-_19_December_2014.pdf- 8 ./Duffell__Andrew_James_-_0862368_-_Web_Decision_-_19_December_2014.pdf- -- ./Duffell__Andrew_James_-_0862368_-_Web_Decision_-_19_December_2014.pdf-proved. ./Duffell__Andrew_James_-_0862368_-_Web_Decision_-_19_December_2014.pdf- ./Duffell__Andrew_James_-_0862368_-_Web_Decision_-_19_December_2014.pdf- 2b. via text message and/or Whats App messages, ./Duffell__Andrew_James_-_0862368_-_Web_Decision_-_19_December_2014.pdf- ./Duffell__Andrew_James_-_0862368_-_Web_Decision_-_19_December_2014.pdf-The Panel had regard to Pupil’s A’s statement and the record of his discussion with the ./Duffell__Andrew_James_-_0862368_-_Web_Decision_-_19_December_2014.pdf-police in which he indicated that after accepting Mr Duffell’s friendship request, Mr Duffell ./Duffell__Andrew_James_-_0862368_-_Web_Decision_-_19_December_2014.pdf-asked him for his mobile number which he freely gave and they then started sending ./Duffell__Andrew_James_-_0862368_-_Web_Decision_-_19_December_2014.pdf-messages via What’s App. Pupil A could not recall with certainty that he and Mr Duffell ./Duffell__Andrew_James_-_0862368_-_Web_Decision_-_19_December_2014.pdf-exchanged messages by text in addition to Whats App but he did recall that the content ./Duffell__Andrew_James_-_0862368_-_Web_Decision_-_19_December_2014.pdf-of the messages was “general stuff”. However, Pupil A further indicates in his statement ./Duffell__Andrew_James_-_0862368_-_Web_Decision_-_19_December_2014.pdf:that after meeting, he and Mr Duffell talked about sex in subsequent messages. ./Duffell__Andrew_James_-_0862368_-_Web_Decision_-_19_December_2014.pdf- ./Duffell__Andrew_James_-_0862368_-_Web_Decision_-_19_December_2014.pdf-The Panel had the benefit of hearing Parent B’s oral evidence that she had seen ./Duffell__Andrew_James_-_0862368_-_Web_Decision_-_19_December_2014.pdf-numerous messages sent between Mr Duffell and Pupil A. After seizing Pupil A’s mobile ./Duffell__Andrew_James_-_0862368_-_Web_Decision_-_19_December_2014.pdf-telephone from Pupil A during an argument, Parent B took time to read both the texts and ./Duffell__Andrew_James_-_0862368_-_Web_Decision_-_19_December_2014.pdf:Whats App messages, and was shocked by the sexual nature of many of the messages ./Duffell__Andrew_James_-_0862368_-_Web_Decision_-_19_December_2014.pdf-she read. When questioned by the Panel, Parent B stated that she recollected that many ./Duffell__Andrew_James_-_0862368_-_Web_Decision_-_19_December_2014.pdf-of the text conversations had been initiated by Mr Duffell. The Panel found Parent B’s ./Duffell__Andrew_James_-_0862368_-_Web_Decision_-_19_December_2014.pdf-evidence to be credible and had no reason to doubt her impression of the content of the ./Duffell__Andrew_James_-_0862368_-_Web_Decision_-_19_December_2014.pdf-Whats App and other text messages she had seen. In addition, the Panel noted that in ./Duffell__Andrew_James_-_0862368_-_Web_Decision_-_19_December_2014.pdf-the transcript of his interview with the police, Mr Duffell indicated that there would have ./Duffell__Andrew_James_-_0862368_-_Web_Decision_-_19_December_2014.pdf:“probably” been some sexually orientated texts exchanged between him and Pupil A. ./Duffell__Andrew_James_-_0862368_-_Web_Decision_-_19_December_2014.pdf-Therefore, on the balance of probabilities, the Panel found that it was more likely than not ./Duffell__Andrew_James_-_0862368_-_Web_Decision_-_19_December_2014.pdf:that text messages of a sexual nature were sent between the two, and as a result this ./Duffell__Andrew_James_-_0862368_-_Web_Decision_-_19_December_2014.pdf-allegation was found proved. ./Duffell__Andrew_James_-_0862368_-_Web_Decision_-_19_December_2014.pdf- ./Duffell__Andrew_James_-_0862368_-_Web_Decision_-_19_December_2014.pdf- 2c. in person; ./Duffell__Andrew_James_-_0862368_-_Web_Decision_-_19_December_2014.pdf- ./Duffell__Andrew_James_-_0862368_-_Web_Decision_-_19_December_2014.pdf-The Panel had regard to Pupil A’s written evidence that Mr Duffell asked him to meet up ./Duffell__Andrew_James_-_0862368_-_Web_Decision_-_19_December_2014.pdf-a few weeks after commencing Facebook and text contact. Pupil A stated that when they ./Duffell__Andrew_James_-_0862368_-_Web_Decision_-_19_December_2014.pdf:met in person, Mr Duffell kept hinting he wanted sex by the way he touched Pupil A’s ./Duffell__Andrew_James_-_0862368_-_Web_Decision_-_19_December_2014.pdf-legs and by what he said. ./Duffell__Andrew_James_-_0862368_-_Web_Decision_-_19_December_2014.pdf- ./Duffell__Andrew_James_-_0862368_-_Web_Decision_-_19_December_2014.pdf-In the transcript of his interview with the police, Mr Duffell stated that Pupil A indicated to ./Duffell__Andrew_James_-_0862368_-_Web_Decision_-_19_December_2014.pdf:him that he wanted to meet up to undertake sexual activity. However, he also admits that ./Duffell__Andrew_James_-_0862368_-_Web_Decision_-_19_December_2014.pdf-it is possible he also indicated that he would like to engage in such activity, on the ./Duffell__Andrew_James_-_0862368_-_Web_Decision_-_19_December_2014.pdf-assumption that Pupil A was 16. In addition, Mr Duffell also states in the same interview ./Duffell__Andrew_James_-_0862368_-_Web_Decision_-_19_December_2014.pdf:with the police that he did discuss sexual activity with Pupil A (albeit that Mr Duffell ./Duffell__Andrew_James_-_0862368_-_Web_Decision_-_19_December_2014.pdf:maintained that he did not want to undertake any sexual activity). ./Duffell__Andrew_James_-_0862368_-_Web_Decision_-_19_December_2014.pdf- ./Duffell__Andrew_James_-_0862368_-_Web_Decision_-_19_December_2014.pdf- ./Duffell__Andrew_James_-_0862368_-_Web_Decision_-_19_December_2014.pdf- ./Duffell__Andrew_James_-_0862368_-_Web_Decision_-_19_December_2014.pdf- ./Duffell__Andrew_James_-_0862368_-_Web_Decision_-_19_December_2014.pdf- 9 ./Duffell__Andrew_James_-_0862368_-_Web_Decision_-_19_December_2014.pdf- -- ./Duffell__Andrew_James_-_0862368_-_Web_Decision_-_19_December_2014.pdf-On the balance of probabilities, the Panel found that there is evidence that inappropriate ./Duffell__Andrew_James_-_0862368_-_Web_Decision_-_19_December_2014.pdf:conversations that were sexual in nature had taken place in person and therefore the ./Duffell__Andrew_James_-_0862368_-_Web_Decision_-_19_December_2014.pdf-Panel found this allegation 2c. proved. ./Duffell__Andrew_James_-_0862368_-_Web_Decision_-_19_December_2014.pdf- ./Duffell__Andrew_James_-_0862368_-_Web_Decision_-_19_December_2014.pdf- 3. On one or more occasions in 2012, you arranged to meet with ./Duffell__Andrew_James_-_0862368_-_Web_Decision_-_19_December_2014.pdf- Pupil A including: ./Duffell__Andrew_James_-_0862368_-_Web_Decision_-_19_December_2014.pdf- ./Duffell__Andrew_James_-_0862368_-_Web_Decision_-_19_December_2014.pdf- a. in or around July 2012 when you: ./Duffell__Andrew_James_-_0862368_-_Web_Decision_-_19_December_2014.pdf- ./Duffell__Andrew_James_-_0862368_-_Web_Decision_-_19_December_2014.pdf- i. picked Pupil A up from Stockton in your car. ./Duffell__Andrew_James_-_0862368_-_Web_Decision_-_19_December_2014.pdf- ./Duffell__Andrew_James_-_0862368_-_Web_Decision_-_19_December_2014.pdf-Both the written evidence from Mr Duffell and Pupil A confirm that a meeting was -- ./Duffell__Andrew_James_-_0862368_-_Web_Decision_-_19_December_2014.pdf-wandered around the shops in Stockton for 40 minutes. ./Duffell__Andrew_James_-_0862368_-_Web_Decision_-_19_December_2014.pdf- ./Duffell__Andrew_James_-_0862368_-_Web_Decision_-_19_December_2014.pdf-However, the Panel had regard to the consistency of statements made by Pupil A and Mr ./Duffell__Andrew_James_-_0862368_-_Web_Decision_-_19_December_2014.pdf-Duffell during the course of police and employer investigations. In the view of the Panel ./Duffell__Andrew_James_-_0862368_-_Web_Decision_-_19_December_2014.pdf-Pupil A’s accounts in the initial statement to the police and his subsequent interview ./Duffell__Andrew_James_-_0862368_-_Web_Decision_-_19_December_2014.pdf-present a wholly consistent narrative. The same cannot be said of Mr Duffell’s accounts ./Duffell__Andrew_James_-_0862368_-_Web_Decision_-_19_December_2014.pdf-during the police and disciplinary investigations and his subsequent statement before the ./Duffell__Andrew_James_-_0862368_-_Web_Decision_-_19_December_2014.pdf-Panel. ./Duffell__Andrew_James_-_0862368_-_Web_Decision_-_19_December_2014.pdf- ./Duffell__Andrew_James_-_0862368_-_Web_Decision_-_19_December_2014.pdf-The Panel also had regard to Mr Duffell’s admission, in the transcript of the police ./Duffell__Andrew_James_-_0862368_-_Web_Decision_-_19_December_2014.pdf:interview, that he had previously had sex in his car with another individual in the same ./Duffell__Andrew_James_-_0862368_-_Web_Decision_-_19_December_2014.pdf:location (as alleged by Pupil A). Mr Duffell admitted that many of his previous sexual ./Duffell__Andrew_James_-_0862368_-_Web_Decision_-_19_December_2014.pdf-encounters had been arranged through a social media dating “ App” which is used by ./Duffell__Andrew_James_-_0862368_-_Web_Decision_-_19_December_2014.pdf:males that wish to meet up for casual sex with other men. Even though the Panel ./Duffell__Andrew_James_-_0862368_-_Web_Decision_-_19_December_2014.pdf-expressed no view on whether such activities were appropriate or not, the Panel found ./Duffell__Andrew_James_-_0862368_-_Web_Decision_-_19_December_2014.pdf-that this established a pattern of behaviour which was consistent with Pupil A’s account. ./Duffell__Andrew_James_-_0862368_-_Web_Decision_-_19_December_2014.pdf-Therefore on the balance of probabilities the Panel found allegation 3a.ii proved. ./Duffell__Andrew_James_-_0862368_-_Web_Decision_-_19_December_2014.pdf- ./Duffell__Andrew_James_-_0862368_-_Web_Decision_-_19_December_2014.pdf- iii. whilst in your car: ./Duffell__Andrew_James_-_0862368_-_Web_Decision_-_19_December_2014.pdf- ./Duffell__Andrew_James_-_0862368_-_Web_Decision_-_19_December_2014.pdf: 1. you performed oral sex on Pupil A, ./Duffell__Andrew_James_-_0862368_-_Web_Decision_-_19_December_2014.pdf- ./Duffell__Andrew_James_-_0862368_-_Web_Decision_-_19_December_2014.pdf- ./Duffell__Andrew_James_-_0862368_-_Web_Decision_-_19_December_2014.pdf- 10 ./Duffell__Andrew_James_-_0862368_-_Web_Decision_-_19_December_2014.pdf- -- ./Duffell__Andrew_James_-_0862368_-_Web_Decision_-_19_December_2014.pdf: 2. Pupil A performed oral sex on you; ./Duffell__Andrew_James_-_0862368_-_Web_Decision_-_19_December_2014.pdf- ./Duffell__Andrew_James_-_0862368_-_Web_Decision_-_19_December_2014.pdf-The Panel had regard to Pupil A’s witness statement which stated that Mr Duffell had ./Duffell__Andrew_James_-_0862368_-_Web_Decision_-_19_December_2014.pdf-touched Pupil A’s leg and from what he said, that it was clear to Pupil A that Mr Duffell ./Duffell__Andrew_James_-_0862368_-_Web_Decision_-_19_December_2014.pdf:wanted Pupil A to perform oral sex on him. Although uncertain of the order of events, ./Duffell__Andrew_James_-_0862368_-_Web_Decision_-_19_December_2014.pdf:Pupil A confirmed in his statement that Mr Duffell performed oral sex on him and he also ./Duffell__Andrew_James_-_0862368_-_Web_Decision_-_19_December_2014.pdf:performed oral sex on Mr Duffell. Mr Duffell denies that he engaged in sexual activity of ./Duffell__Andrew_James_-_0862368_-_Web_Decision_-_19_December_2014.pdf-any description with Pupil A when they met up. ./Duffell__Andrew_James_-_0862368_-_Web_Decision_-_19_December_2014.pdf- ./Duffell__Andrew_James_-_0862368_-_Web_Decision_-_19_December_2014.pdf-As outlined in the Panel decision on allegation 3a(ii), the Panel considered Pupil A’s ./Duffell__Andrew_James_-_0862368_-_Web_Decision_-_19_December_2014.pdf-account to be more credible than that of Mr Duffell and therefore on the balance of ./Duffell__Andrew_James_-_0862368_-_Web_Decision_-_19_December_2014.pdf-probabilities the Panel believes that allegation 3a.iii (1) and (2) is proved. ./Duffell__Andrew_James_-_0862368_-_Web_Decision_-_19_December_2014.pdf- ./Duffell__Andrew_James_-_0862368_-_Web_Decision_-_19_December_2014.pdf-In making its determination on the facts of this allegation, the Panel took into account the ./Duffell__Andrew_James_-_0862368_-_Web_Decision_-_19_December_2014.pdf-Presenting Officer’s submission that it is highly unlikely that Pupil A would have made up ./Duffell__Andrew_James_-_0862368_-_Web_Decision_-_19_December_2014.pdf-false allegations about Mr Duffell, as the investigation of these matters were taken out of ./Duffell__Andrew_James_-_0862368_-_Web_Decision_-_19_December_2014.pdf-Pupil A’s hands by the police and conducted almost immediately after the discovery by -- ./Duffell__Andrew_James_-_0862368_-_Web_Decision_-_19_December_2014.pdf-Therefore on the balance of probabilities the Panel found allegation 4a and 4b proved. ./Duffell__Andrew_James_-_0862368_-_Web_Decision_-_19_December_2014.pdf- ./Duffell__Andrew_James_-_0862368_-_Web_Decision_-_19_December_2014.pdf- 5. Your conduct as described at paragraphs 1 to 3 above was ./Duffell__Andrew_James_-_0862368_-_Web_Decision_-_19_December_2014.pdf: sexually motivated. ./Duffell__Andrew_James_-_0862368_-_Web_Decision_-_19_December_2014.pdf- ./Duffell__Andrew_James_-_0862368_-_Web_Decision_-_19_December_2014.pdf-The Panel had regard to Mr Duffell’s statement in his interview with the police that it was ./Duffell__Andrew_James_-_0862368_-_Web_Decision_-_19_December_2014.pdf:possible that he had engaged in discussions about sexual activity with Pupil A given his ./Duffell__Andrew_James_-_0862368_-_Web_Decision_-_19_December_2014.pdf-stated erroneous assumption that Pupil A was 16. The fact that Mr Duffell befriended ./Duffell__Andrew_James_-_0862368_-_Web_Decision_-_19_December_2014.pdf-Pupil A on Facebook, then arranged to meet with Pupil A and engaged in inappropriate ./Duffell__Andrew_James_-_0862368_-_Web_Decision_-_19_December_2014.pdf:conversations of a sexual nature by text and in person, indicates that Mr Duffell’s conduct ./Duffell__Andrew_James_-_0862368_-_Web_Decision_-_19_December_2014.pdf:overall was sexually motivated. The Panel has found that in 3(iii) (1) and (2), that on the ./Duffell__Andrew_James_-_0862368_-_Web_Decision_-_19_December_2014.pdf:balance of probabilities oral sex took place between Pupil A and Mr Duffell and that this ./Duffell__Andrew_James_-_0862368_-_Web_Decision_-_19_December_2014.pdf-was a culmination of a course of conduct by Mr Duffell which was intended to result in ./Duffell__Andrew_James_-_0862368_-_Web_Decision_-_19_December_2014.pdf:sexual activity with Pupil A for his own gratification. ./Duffell__Andrew_James_-_0862368_-_Web_Decision_-_19_December_2014.pdf- ./Duffell__Andrew_James_-_0862368_-_Web_Decision_-_19_December_2014.pdf-Findings as to unacceptable professional conduct and/or ./Duffell__Andrew_James_-_0862368_-_Web_Decision_-_19_December_2014.pdf-conduct that may bring the profession into disrepute ./Duffell__Andrew_James_-_0862368_-_Web_Decision_-_19_December_2014.pdf-In considering the allegations that the Panel has found proved, the Panel has had regard ./Duffell__Andrew_James_-_0862368_-_Web_Decision_-_19_December_2014.pdf-to the definitions in The Teacher Misconduct – Prohibition of Teachers Advice, which it ./Duffell__Andrew_James_-_0862368_-_Web_Decision_-_19_December_2014.pdf-refers to as the ‘Guidance’. ./Duffell__Andrew_James_-_0862368_-_Web_Decision_-_19_December_2014.pdf- ./Duffell__Andrew_James_-_0862368_-_Web_Decision_-_19_December_2014.pdf-The Panel is satisfied that the conduct of Mr Duffell in relation to the facts found proved, ./Duffell__Andrew_James_-_0862368_-_Web_Decision_-_19_December_2014.pdf-involved breaches of the Teachers’ Standards. The Panel considers that by reference to ./Duffell__Andrew_James_-_0862368_-_Web_Decision_-_19_December_2014.pdf-Part Two, Mr Duffell is in breach of the following standards: -- ./Duffell__Andrew_James_-_0862368_-_Web_Decision_-_19_December_2014.pdf- ethics and behaviour, within and outside school, by ./Duffell__Andrew_James_-_0862368_-_Web_Decision_-_19_December_2014.pdf- treating pupils with dignity, building relationships rooted in mutual respect, ./Duffell__Andrew_James_-_0862368_-_Web_Decision_-_19_December_2014.pdf- and at all times observing proper boundaries appropriate to a teacher’s ./Duffell__Andrew_James_-_0862368_-_Web_Decision_-_19_December_2014.pdf- professional position; ./Duffell__Andrew_James_-_0862368_-_Web_Decision_-_19_December_2014.pdf- having regard for the need to safeguard pupils’ well-being, in accordance ./Duffell__Andrew_James_-_0862368_-_Web_Decision_-_19_December_2014.pdf- with statutory provisions; ./Duffell__Andrew_James_-_0862368_-_Web_Decision_-_19_December_2014.pdf-  Teachers must have an understanding of, and always act within, the statutory ./Duffell__Andrew_James_-_0862368_-_Web_Decision_-_19_December_2014.pdf- frameworks which set out their professional duties and responsibilities. ./Duffell__Andrew_James_-_0862368_-_Web_Decision_-_19_December_2014.pdf-The Panel is satisfied that the conduct of Mr Duffell fell significantly short of the standards ./Duffell__Andrew_James_-_0862368_-_Web_Decision_-_19_December_2014.pdf-expected of the profession. As a teacher, it was inappropriate for Mr Duffell to engage in ./Duffell__Andrew_James_-_0862368_-_Web_Decision_-_19_December_2014.pdf:conversations of a sexual nature or any sexual activity with any person under the age of ./Duffell__Andrew_James_-_0862368_-_Web_Decision_-_19_December_2014.pdf-18. The Panel noted that Parent B stated in her oral evidence that Pupil A was not ./Duffell__Andrew_James_-_0862368_-_Web_Decision_-_19_December_2014.pdf-mature for his age, lacked in confidence and it was likely that Mr Duffell took advantage ./Duffell__Andrew_James_-_0862368_-_Web_Decision_-_19_December_2014.pdf-of his particular vulnerabilities. Clearly Mr Duffell had no regard for the need to ./Duffell__Andrew_James_-_0862368_-_Web_Decision_-_19_December_2014.pdf- ./Duffell__Andrew_James_-_0862368_-_Web_Decision_-_19_December_2014.pdf- ./Duffell__Andrew_James_-_0862368_-_Web_Decision_-_19_December_2014.pdf- ./Duffell__Andrew_James_-_0862368_-_Web_Decision_-_19_December_2014.pdf- 12 ./Duffell__Andrew_James_-_0862368_-_Web_Decision_-_19_December_2014.pdf- -- ./Duffell__Andrew_James_-_0862368_-_Web_Decision_-_19_December_2014.pdf-safeguard Pupil A’s well-being and failed to act in a way which did not exploit Pupil A’s ./Duffell__Andrew_James_-_0862368_-_Web_Decision_-_19_December_2014.pdf-vulnerability. ./Duffell__Andrew_James_-_0862368_-_Web_Decision_-_19_December_2014.pdf- ./Duffell__Andrew_James_-_0862368_-_Web_Decision_-_19_December_2014.pdf-The Panel has also considered whether Mr Duffell’s conduct displayed behaviours ./Duffell__Andrew_James_-_0862368_-_Web_Decision_-_19_December_2014.pdf-associated with any of the offences listed on pages 8 and 9 of the Guidance and the ./Duffell__Andrew_James_-_0862368_-_Web_Decision_-_19_December_2014.pdf:Panel has found that the offence of sexual activity is relevant. The Guidance indicates ./Duffell__Andrew_James_-_0862368_-_Web_Decision_-_19_December_2014.pdf-that where behaviours associated with such an offence exist (regardless of whether an ./Duffell__Andrew_James_-_0862368_-_Web_Decision_-_19_December_2014.pdf-offence has been committed), a Panel is likely to conclude that an individual’s conduct ./Duffell__Andrew_James_-_0862368_-_Web_Decision_-_19_December_2014.pdf-would amount to unacceptable professional conduct. ./Duffell__Andrew_James_-_0862368_-_Web_Decision_-_19_December_2014.pdf- ./Duffell__Andrew_James_-_0862368_-_Web_Decision_-_19_December_2014.pdf-The Panel notes that the allegations took place outside of the education setting and ./Duffell__Andrew_James_-_0862368_-_Web_Decision_-_19_December_2014.pdf-largely outside of schools hours, during both Pupil A’s and Mr Duffell’s leisure time and ./Duffell__Andrew_James_-_0862368_-_Web_Decision_-_19_December_2014.pdf-during school holidays. Parent B was firmly of the view that from the content of the text ./Duffell__Andrew_James_-_0862368_-_Web_Decision_-_19_December_2014.pdf-messages she had seen on Pupil A’s phone she considered that there was a serious risk ./Duffell__Andrew_James_-_0862368_-_Web_Decision_-_19_December_2014.pdf-that Mr Duffell had been grooming her son or treating him in a predatory manner. Having ./Duffell__Andrew_James_-_0862368_-_Web_Decision_-_19_December_2014.pdf-heard Parent B’s oral evidence and read Pupil A’s written evidence the Panel were ./Duffell__Andrew_James_-_0862368_-_Web_Decision_-_19_December_2014.pdf-satisfied that this course of conduct by Mr Duffell, triggered an aggravation of Pupil A’s ./Duffell__Andrew_James_-_0862368_-_Web_Decision_-_19_December_2014.pdf-pre-existing health conditions. ./Duffell__Andrew_James_-_0862368_-_Web_Decision_-_19_December_2014.pdf- ./Duffell__Andrew_James_-_0862368_-_Web_Decision_-_19_December_2014.pdf-The Panel was concerned by Mr Duffell’s attitude, as displayed during his meeting with ./Duffell__Andrew_James_-_0862368_-_Web_Decision_-_19_December_2014.pdf-his employer on 17 July 2013 and during his police interview where he stated that he only ./Duffell__Andrew_James_-_0862368_-_Web_Decision_-_19_December_2014.pdf-had a position of trust with pupils in his own school. He demonstrated a seriously flawed ./Duffell__Andrew_James_-_0862368_-_Web_Decision_-_19_December_2014.pdf-and misconceived understanding of his wider professional responsibilities as a teacher, ./Duffell__Andrew_James_-_0862368_-_Web_Decision_-_19_December_2014.pdf-by failing to recognise his responsibility for the safeguarding of any young person under ./Duffell__Andrew_James_-_0862368_-_Web_Decision_-_19_December_2014.pdf-the age of 18. Taking this in the context of the Panel’s consideration of Mr Duffell’s ./Duffell__Andrew_James_-_0862368_-_Web_Decision_-_19_December_2014.pdf:pattern of sexual behaviour, the Panel had a serious concern that such behaviour could ./Duffell__Andrew_James_-_0862368_-_Web_Decision_-_19_December_2014.pdf-be repeated. ./Duffell__Andrew_James_-_0862368_-_Web_Decision_-_19_December_2014.pdf- ./Duffell__Andrew_James_-_0862368_-_Web_Decision_-_19_December_2014.pdf-Accordingly, the Panel is satisfied that Mr Duffell is guilty of unacceptable professional ./Duffell__Andrew_James_-_0862368_-_Web_Decision_-_19_December_2014.pdf-conduct. ./Duffell__Andrew_James_-_0862368_-_Web_Decision_-_19_December_2014.pdf- ./Duffell__Andrew_James_-_0862368_-_Web_Decision_-_19_December_2014.pdf-The Panel has also taken into account how the teaching profession is viewed by others ./Duffell__Andrew_James_-_0862368_-_Web_Decision_-_19_December_2014.pdf-and considered the influence that teachers may have on pupils, parents and others in the ./Duffell__Andrew_James_-_0862368_-_Web_Decision_-_19_December_2014.pdf-community. The Panel has taken account of the uniquely influential role that teachers ./Duffell__Andrew_James_-_0862368_-_Web_Decision_-_19_December_2014.pdf-can hold in pupils’ lives and that pupils must be able to view teachers as role models in ./Duffell__Andrew_James_-_0862368_-_Web_Decision_-_19_December_2014.pdf-the way they behave. The Panel considered that Mr Duffell not only breached or abused ./Duffell__Andrew_James_-_0862368_-_Web_Decision_-_19_December_2014.pdf-his position of trust and influential role in relation to the way he behaved towards Pupil A, ./Duffell__Andrew_James_-_0862368_-_Web_Decision_-_19_December_2014.pdf-but he also let Pupil A down in the sense that he should have sought to support and ./Duffell__Andrew_James_-_0862368_-_Web_Decision_-_19_December_2014.pdf:encourage Pupil A rather than take advantage of Pupil A for his own sexual gratification. ./Duffell__Andrew_James_-_0862368_-_Web_Decision_-_19_December_2014.pdf- ./Duffell__Andrew_James_-_0862368_-_Web_Decision_-_19_December_2014.pdf-The Panel’s findings of misconduct are serious and the conduct displayed would more ./Duffell__Andrew_James_-_0862368_-_Web_Decision_-_19_December_2014.pdf-than likely have a negative impact on how the public perceives the teaching profession. ./Duffell__Andrew_James_-_0862368_-_Web_Decision_-_19_December_2014.pdf-The Panel therefore finds that Mr Duffell’s actions constitute conduct that also may bring ./Duffell__Andrew_James_-_0862368_-_Web_Decision_-_19_December_2014.pdf-the profession into disrepute. ./Duffell__Andrew_James_-_0862368_-_Web_Decision_-_19_December_2014.pdf- ./Duffell__Andrew_James_-_0862368_-_Web_Decision_-_19_December_2014.pdf- ./Duffell__Andrew_James_-_0862368_-_Web_Decision_-_19_December_2014.pdf- ./Duffell__Andrew_James_-_0862368_-_Web_Decision_-_19_December_2014.pdf- 13 ./Duffell__Andrew_James_-_0862368_-_Web_Decision_-_19_December_2014.pdf- -- ./Duffell__Andrew_James_-_0862368_-_Web_Decision_-_19_December_2014.pdf-be given in order to be punitive, or to show that blame has been apportioned, although ./Duffell__Andrew_James_-_0862368_-_Web_Decision_-_19_December_2014.pdf-they are likely to have punitive effect. ./Duffell__Andrew_James_-_0862368_-_Web_Decision_-_19_December_2014.pdf- ./Duffell__Andrew_James_-_0862368_-_Web_Decision_-_19_December_2014.pdf-The Panel has considered the particular public interest considerations set out in the ./Duffell__Andrew_James_-_0862368_-_Web_Decision_-_19_December_2014.pdf-Guidance and having done so has found a number of them to be relevant in this case, ./Duffell__Andrew_James_-_0862368_-_Web_Decision_-_19_December_2014.pdf-namely the protection of pupils and other members of the public, the maintenance of ./Duffell__Andrew_James_-_0862368_-_Web_Decision_-_19_December_2014.pdf-public confidence in the profession and declaring and upholding proper standards of ./Duffell__Andrew_James_-_0862368_-_Web_Decision_-_19_December_2014.pdf-conduct. ./Duffell__Andrew_James_-_0862368_-_Web_Decision_-_19_December_2014.pdf- ./Duffell__Andrew_James_-_0862368_-_Web_Decision_-_19_December_2014.pdf-The Panel found that Mr Duffell engaged in inappropriate behaviour through his ./Duffell__Andrew_James_-_0862368_-_Web_Decision_-_19_December_2014.pdf:communications with Pupil A, performed oral sex on Pupil A and encouraged Pupil A to ./Duffell__Andrew_James_-_0862368_-_Web_Decision_-_19_December_2014.pdf:perform oral sex on him. In view of the fact that Pupil A was a particularly vulnerable ./Duffell__Andrew_James_-_0862368_-_Web_Decision_-_19_December_2014.pdf-child at the time of the allegations, the Panel finds there is a strong public interest ./Duffell__Andrew_James_-_0862368_-_Web_Decision_-_19_December_2014.pdf-consideration in respect of the need to protect pupils. The findings of inappropriate ./Duffell__Andrew_James_-_0862368_-_Web_Decision_-_19_December_2014.pdf:communications and sexual activity between Mr Duffell and Pupil A are extremely serious ./Duffell__Andrew_James_-_0862368_-_Web_Decision_-_19_December_2014.pdf-and the Panel considers that this is conduct that far transcends the appropriate ./Duffell__Andrew_James_-_0862368_-_Web_Decision_-_19_December_2014.pdf-boundaries and proper standards of conduct expected of those in the teaching ./Duffell__Andrew_James_-_0862368_-_Web_Decision_-_19_December_2014.pdf-profession. ./Duffell__Andrew_James_-_0862368_-_Web_Decision_-_19_December_2014.pdf- ./Duffell__Andrew_James_-_0862368_-_Web_Decision_-_19_December_2014.pdf-Similarly, the Panel considers that public confidence in the profession could be seriously ./Duffell__Andrew_James_-_0862368_-_Web_Decision_-_19_December_2014.pdf-weakened if conduct such as that found against Mr Duffell were not treated with the ./Duffell__Andrew_James_-_0862368_-_Web_Decision_-_19_December_2014.pdf-utmost seriousness when regulating the conduct of the profession. Parents would have ./Duffell__Andrew_James_-_0862368_-_Web_Decision_-_19_December_2014.pdf-grave concerns if an individual who had engaged in such inappropriate behaviour were ./Duffell__Andrew_James_-_0862368_-_Web_Decision_-_19_December_2014.pdf-allowed to continue to teach. ./Duffell__Andrew_James_-_0862368_-_Web_Decision_-_19_December_2014.pdf- -- ./Duffell__Andrew_James_-_0862368_-_Web_Decision_-_19_December_2014.pdf-Duffell. The Panel took further account of the Guidance, which suggests that a prohibition ./Duffell__Andrew_James_-_0862368_-_Web_Decision_-_19_December_2014.pdf-order may be appropriate if certain behaviours of a teacher have been proved. In the list ./Duffell__Andrew_James_-_0862368_-_Web_Decision_-_19_December_2014.pdf-of such behaviours are: ./Duffell__Andrew_James_-_0862368_-_Web_Decision_-_19_December_2014.pdf- ./Duffell__Andrew_James_-_0862368_-_Web_Decision_-_19_December_2014.pdf-  serious departure from the personal and professional conduct elements of the ./Duffell__Andrew_James_-_0862368_-_Web_Decision_-_19_December_2014.pdf- Teachers’ Standards ./Duffell__Andrew_James_-_0862368_-_Web_Decision_-_19_December_2014.pdf-  misconduct seriously affecting the education and/or well-being of pupils, and ./Duffell__Andrew_James_-_0862368_-_Web_Decision_-_19_December_2014.pdf- particularly where there is a continuing risk ./Duffell__Andrew_James_-_0862368_-_Web_Decision_-_19_December_2014.pdf-  abuse of position or trust (particularly involving vulnerable pupils) or violation of the ./Duffell__Andrew_James_-_0862368_-_Web_Decision_-_19_December_2014.pdf- rights of pupils ./Duffell__Andrew_James_-_0862368_-_Web_Decision_-_19_December_2014.pdf:  sexual misconduct, e.g. involving actions that were sexually motivated or of a ./Duffell__Andrew_James_-_0862368_-_Web_Decision_-_19_December_2014.pdf: sexual nature and/or that use or exploit the trust, knowledge or influence derived ./Duffell__Andrew_James_-_0862368_-_Web_Decision_-_19_December_2014.pdf- from the individual’s professional position ./Duffell__Andrew_James_-_0862368_-_Web_Decision_-_19_December_2014.pdf-The Panel noted that during a meeting with his employer and during his interview with the ./Duffell__Andrew_James_-_0862368_-_Web_Decision_-_19_December_2014.pdf-police, Mr Duffell stated that his position of trust as a teacher only applied to the pupils at ./Duffell__Andrew_James_-_0862368_-_Web_Decision_-_19_December_2014.pdf-his current school. The Panel considers this attitude to be a serious departure from the ./Duffell__Andrew_James_-_0862368_-_Web_Decision_-_19_December_2014.pdf-standards expected of a teacher and evidence of Mr Duffell’s lack of insight into his ./Duffell__Andrew_James_-_0862368_-_Web_Decision_-_19_December_2014.pdf-professional responsibilities. Mr Duffell, in the Panel’s view, represents a continuing risk ./Duffell__Andrew_James_-_0862368_-_Web_Decision_-_19_December_2014.pdf-to the well-being of pupils. ./Duffell__Andrew_James_-_0862368_-_Web_Decision_-_19_December_2014.pdf- ./Duffell__Andrew_James_-_0862368_-_Web_Decision_-_19_December_2014.pdf-The Panel is of the view that Prohibition is necessary and a proportionate sanction. The ./Duffell__Andrew_James_-_0862368_-_Web_Decision_-_19_December_2014.pdf-Panel finds that the public interest considerations outweigh the interests of Mr Duffell. ./Duffell__Andrew_James_-_0862368_-_Web_Decision_-_19_December_2014.pdf-Accordingly, the Panel makes a recommendation to the Secretary of State that a ./Duffell__Andrew_James_-_0862368_-_Web_Decision_-_19_December_2014.pdf-Prohibition Order should be imposed with immediate effect. ./Duffell__Andrew_James_-_0862368_-_Web_Decision_-_19_December_2014.pdf- ./Duffell__Andrew_James_-_0862368_-_Web_Decision_-_19_December_2014.pdf-The Panel went on to consider whether or not it would be appropriate to recommend a ./Duffell__Andrew_James_-_0862368_-_Web_Decision_-_19_December_2014.pdf-review period for the Prohibition Order. The Panel was mindful that Guidance advises ./Duffell__Andrew_James_-_0862368_-_Web_Decision_-_19_December_2014.pdf-that a Prohibition Order applies for life, but there may be circumstances in any given case ./Duffell__Andrew_James_-_0862368_-_Web_Decision_-_19_December_2014.pdf-that may make it appropriate to allow a teacher to apply to have the Prohibition Order ./Duffell__Andrew_James_-_0862368_-_Web_Decision_-_19_December_2014.pdf-reviewed after a specified period of time that may not be less than two years. ./Duffell__Andrew_James_-_0862368_-_Web_Decision_-_19_December_2014.pdf- ./Duffell__Andrew_James_-_0862368_-_Web_Decision_-_19_December_2014.pdf-The Guidance indicates that there are behaviours that, if proved, may militate against a ./Duffell__Andrew_James_-_0862368_-_Web_Decision_-_19_December_2014.pdf:review period being recommended. One of these behaviours includes serious sexual ./Duffell__Andrew_James_-_0862368_-_Web_Decision_-_19_December_2014.pdf:misconduct, e.g. where the act was sexually motivated and resulted in, or had the ./Duffell__Andrew_James_-_0862368_-_Web_Decision_-_19_December_2014.pdf-potential to result in, harm to a person or persons, particularly where the individual has ./Duffell__Andrew_James_-_0862368_-_Web_Decision_-_19_December_2014.pdf- ./Duffell__Andrew_James_-_0862368_-_Web_Decision_-_19_December_2014.pdf- ./Duffell__Andrew_James_-_0862368_-_Web_Decision_-_19_December_2014.pdf- 15 ./Duffell__Andrew_James_-_0862368_-_Web_Decision_-_19_December_2014.pdf- -- ./Duffell__Andrew_James_-_0862368_-_Web_Decision_-_19_December_2014.pdf-used their professional position to influence or exploit a person or persons. The Panel ./Duffell__Andrew_James_-_0862368_-_Web_Decision_-_19_December_2014.pdf:has found that Mr Duffell has engaged in serious sexual misconduct through his ./Duffell__Andrew_James_-_0862368_-_Web_Decision_-_19_December_2014.pdf:communications and sexual actions with Pupil A, which had a significantly harmful effect ./Duffell__Andrew_James_-_0862368_-_Web_Decision_-_19_December_2014.pdf-on Pupil A. As a result of Mr Duffell’s behaviours, Pupil A found himself in a situation ./Duffell__Andrew_James_-_0862368_-_Web_Decision_-_19_December_2014.pdf:whereby he participated in a sexual act whilst under the age of 16, which he later ./Duffell__Andrew_James_-_0862368_-_Web_Decision_-_19_December_2014.pdf-regretted and which deeply affected him. . ./Duffell__Andrew_James_-_0862368_-_Web_Decision_-_19_December_2014.pdf- ./Duffell__Andrew_James_-_0862368_-_Web_Decision_-_19_December_2014.pdf-It is the Panel’s view that Mr Duffell has shown no insight or remorse for his actions. He ./Duffell__Andrew_James_-_0862368_-_Web_Decision_-_19_December_2014.pdf-has not indicated that he regrets his actions or the harmful effect that they may have had ./Duffell__Andrew_James_-_0862368_-_Web_Decision_-_19_December_2014.pdf-on Pupil A. It is for these reasons that the Panel considered this was a situation in which ./Duffell__Andrew_James_-_0862368_-_Web_Decision_-_19_December_2014.pdf-a review period would not be appropriate and as such decided that it would be ./Duffell__Andrew_James_-_0862368_-_Web_Decision_-_19_December_2014.pdf-proportionate in all the circumstances for the Prohibition Order to be recommended ./Duffell__Andrew_James_-_0862368_-_Web_Decision_-_19_December_2014.pdf-without provision for a review period. ./Duffell__Andrew_James_-_0862368_-_Web_Decision_-_19_December_2014.pdf- ./Duffell__Andrew_James_-_0862368_-_Web_Decision_-_19_December_2014.pdf- ./Duffell__Andrew_James_-_0862368_-_Web_Decision_-_19_December_2014.pdf-Decision and reasons on behalf of the Secretary of ./Duffell__Andrew_James_-_0862368_-_Web_Decision_-_19_December_2014.pdf-State ./Duffell__Andrew_James_-_0862368_-_Web_Decision_-_19_December_2014.pdf-I have given careful consideration to the findings and recommendations in this case. ./Duffell__Andrew_James_-_0862368_-_Web_Decision_-_19_December_2014.pdf- ./Duffell__Andrew_James_-_0862368_-_Web_Decision_-_19_December_2014.pdf-The panel have found all the allegations proven and have judged that the facts amount to ./Duffell__Andrew_James_-_0862368_-_Web_Decision_-_19_December_2014.pdf-both unacceptable professional conduct and conduct that may bring the profession into ./Duffell__Andrew_James_-_0862368_-_Web_Decision_-_19_December_2014.pdf-disrepute. ./Duffell__Andrew_James_-_0862368_-_Web_Decision_-_19_December_2014.pdf- ./Duffell__Andrew_James_-_0862368_-_Web_Decision_-_19_December_2014.pdf-The facts found proven relate to behaviour incompatible with being a teacher including ./Duffell__Andrew_James_-_0862368_-_Web_Decision_-_19_December_2014.pdf:serious sexual misconduct with a pupil. All the public interest considerations are brought ./Duffell__Andrew_James_-_0862368_-_Web_Decision_-_19_December_2014.pdf-into play in this case and Mr Duffell has shown no remorse or insight into his behaviour. ./Duffell__Andrew_James_-_0862368_-_Web_Decision_-_19_December_2014.pdf-His actions have had a deeply harmful effect on Pupil A. ./Duffell__Andrew_James_-_0862368_-_Web_Decision_-_19_December_2014.pdf- ./Duffell__Andrew_James_-_0862368_-_Web_Decision_-_19_December_2014.pdf-In all the circumstances I agree with the panel’s recommendations that a Prohibition ./Duffell__Andrew_James_-_0862368_-_Web_Decision_-_19_December_2014.pdf-Order without the opportunity for an application to have it set aside is an appropriate and ./Duffell__Andrew_James_-_0862368_-_Web_Decision_-_19_December_2014.pdf-proportionate sanction. ./Duffell__Andrew_James_-_0862368_-_Web_Decision_-_19_December_2014.pdf- ./Duffell__Andrew_James_-_0862368_-_Web_Decision_-_19_December_2014.pdf-This means that Mr Andrew James Duffell is prohibited from teaching indefinitely ./Duffell__Andrew_James_-_0862368_-_Web_Decision_-_19_December_2014.pdf-and cannot teach in any school, sixth form college, relevant youth accommodation ./Duffell__Andrew_James_-_0862368_-_Web_Decision_-_19_December_2014.pdf-or children’s home in England. Furthermore, in view of the seriousness of the ./Dyson_R_14993_SoSDecision.pdf-teacher at Skipton Girls’ High School in North Yorkshire he: ./Dyson_R_14993_SoSDecision.pdf- ./Dyson_R_14993_SoSDecision.pdf- 1. Made inappropriate physical contact with one or more pupils including: ./Dyson_R_14993_SoSDecision.pdf- a. Touching their arm(s) and/or shoulder(s); ./Dyson_R_14993_SoSDecision.pdf- b. Putting his hand on their back(s), including Pupil D; ./Dyson_R_14993_SoSDecision.pdf- c. Unnecessarily brushing against them as he walked past; ./Dyson_R_14993_SoSDecision.pdf- d. Putting his arms around them when using machinery, including Pupil G; ./Dyson_R_14993_SoSDecision.pdf- e. Putting his hand on their hip(s), including Pupil I; ./Dyson_R_14993_SoSDecision.pdf- f. Tapping their bottom(s) with his hand, including Pupil K. ./Dyson_R_14993_SoSDecision.pdf- ./Dyson_R_14993_SoSDecision.pdf: 2. Performing sexually suggestive actions towards or in the presence of one or more ./Dyson_R_14993_SoSDecision.pdf- pupils, including: ./Dyson_R_14993_SoSDecision.pdf- a. Simulating masturbation with a pole; ./Dyson_R_14993_SoSDecision.pdf- b. Lunging with a metal rod whilst his leg was raised on a stool; ./Dyson_R_14993_SoSDecision.pdf- c. Lifting a pole between the legs of Pupil J; ./Dyson_R_14993_SoSDecision.pdf- d. Zooming in on body parts of a female colleague whose photograph was on an ./Dyson_R_14993_SoSDecision.pdf- interactive whiteboard, ./Dyson_R_14993_SoSDecision.pdf- e. Holding spherical vacuum-formed moulds to his chest to simulate breasts; ./Dyson_R_14993_SoSDecision.pdf- f. ‘dry-humping’ a computer keyboard; ./Dyson_R_14993_SoSDecision.pdf- g. Grunting as he leant over or lifted things. ./Dyson_R_14993_SoSDecision.pdf- ./Dyson_R_14993_SoSDecision.pdf: 3. Made sexually suggestive comments towards or in the presence of one or more ./Dyson_R_14993_SoSDecision.pdf- pupils, including saying words to the effect of: ./Dyson_R_14993_SoSDecision.pdf- a. Saying that a boy might need a small toilet but that he would need a large one ./Dyson_R_14993_SoSDecision.pdf- with his ‘big thing’; ./Dyson_R_14993_SoSDecision.pdf- b. ‘Imagine sucking them balls girls’; ./Dyson_R_14993_SoSDecision.pdf- c. ‘Come on girls, who wants to talc him up?’; ./Dyson_R_14993_SoSDecision.pdf- d. ‘We’ve got some hot babies in here today’ whilst pupils were having their ./Dyson_R_14993_SoSDecision.pdf- temperatures taken; ./Dyson_R_14993_SoSDecision.pdf- e. Commenting on the male and female parts of nuts and bolts fitting together. ./Dyson_R_14993_SoSDecision.pdf- ./Dyson_R_14993_SoSDecision.pdf- 4. Made comments which were prejudicial towards race and/or gender including -- ./Dyson_R_14993_SoSDecision.pdf- assistance with one or more pupil’s assessed practical work; ./Dyson_R_14993_SoSDecision.pdf- c. Himself providing excessive assistance with one or more pupil’s assessed ./Dyson_R_14993_SoSDecision.pdf- practical work. ./Dyson_R_14993_SoSDecision.pdf- ./Dyson_R_14993_SoSDecision.pdf- 7. Failed to properly safeguard pupils’ welfare by leaving them improperly attended in ./Dyson_R_14993_SoSDecision.pdf- lessons including: ./Dyson_R_14993_SoSDecision.pdf- a. On or around 16th October 2014 when he went to a gathering; ./Dyson_R_14993_SoSDecision.pdf- b. In a technology workshop on or around 5th June 2015; ./Dyson_R_14993_SoSDecision.pdf- c. When he went to a plumbers’ merchant. ./Dyson_R_14993_SoSDecision.pdf- ./Dyson_R_14993_SoSDecision.pdf: 8. In doing (1) and/or (2) and/or (3) above your actions were sexually motivated. ./Dyson_R_14993_SoSDecision.pdf- ./Dyson_R_14993_SoSDecision.pdf-Mr Dyson does not admit the facts set out above, and thus does not accept that he is ./Dyson_R_14993_SoSDecision.pdf-guilty of unacceptable professional conduct and/or conduct that may bring the profession ./Dyson_R_14993_SoSDecision.pdf-into disrepute. ./Dyson_R_14993_SoSDecision.pdf- ./Dyson_R_14993_SoSDecision.pdf- ./Dyson_R_14993_SoSDecision.pdf-C. Preliminary applications ./Dyson_R_14993_SoSDecision.pdf-The panel considered an application by Mr Dyson to admit a bundle of 149 pages ./Dyson_R_14993_SoSDecision.pdf-comprising a witness statement by him with appendices. ./Dyson_R_14993_SoSDecision.pdf- -- ./Dyson_R_14993_SoSDecision.pdf-the documents, at least on a provisional basis pending their corroboration by other ./Dyson_R_14993_SoSDecision.pdf-witnesses, and the panel is satisfied that they are relevant and it is fair to admit them. ./Dyson_R_14993_SoSDecision.pdf- ./Dyson_R_14993_SoSDecision.pdf-The panel considered an application from the NCTL for the following pupil witnesses to ./Dyson_R_14993_SoSDecision.pdf-be treated as vulnerable and for permission to be given for them to give evidence at the ./Dyson_R_14993_SoSDecision.pdf-hearing: Pupil C, Pupil F, Pupil G, Pupil I, Pupil J, and Pupil K. ./Dyson_R_14993_SoSDecision.pdf- ./Dyson_R_14993_SoSDecision.pdf-The NCTL also made an application for special measures in relation to pupil witnesses ./Dyson_R_14993_SoSDecision.pdf-Pupil G, Pupil I, Pupil J, and Pupil K. The application was on the basis that the witnesses ./Dyson_R_14993_SoSDecision.pdf-were vulnerable on account of their age and the fact that the allegations in relation to ./Dyson_R_14993_SoSDecision.pdf:which they are in a position to give evidence are sexual in nature, and that special ./Dyson_R_14993_SoSDecision.pdf-measures would safeguard their interests. Mr Dyson does not object to this application. ./Dyson_R_14993_SoSDecision.pdf- ./Dyson_R_14993_SoSDecision.pdf-The panel has received legal advice in relation to this application and has accepted the ./Dyson_R_14993_SoSDecision.pdf-advice. The panel accepts that pupil witnesses Pupil C, Pupil F, Pupil G, Pupil I, Pupil J, ./Dyson_R_14993_SoSDecision.pdf-and Pupil K should be treated as vulnerable. With the exception of Pupil C, all are under ./Dyson_R_14993_SoSDecision.pdf-the age of 18 and could be considered vulnerable on that basis. However, the panel is of ./Dyson_R_14993_SoSDecision.pdf-the view that in any event all the pupils should be considered vulnerable in accordance ./Dyson_R_14993_SoSDecision.pdf:with Rule 4.71 as some of the allegations are sexual in nature. ./Dyson_R_14993_SoSDecision.pdf- ./Dyson_R_14993_SoSDecision.pdf-The panel has considered the representations made by the NCTL as regards the ./Dyson_R_14993_SoSDecision.pdf-investigations that have been undertaken as regards the witnesses. The panel accepts ./Dyson_R_14993_SoSDecision.pdf-that the welfare of the pupil witnesses will not be prejudiced by their giving evidence at ./Dyson_R_14993_SoSDecision.pdf-the hearing in accordance with paragraph 4.71. The panel is further satisfied in ./Dyson_R_14993_SoSDecision.pdf-accordance with paragraph 4.72 that the use of video link, screen and/or witness ./Dyson_R_14993_SoSDecision.pdf-supporters (in the case of Pupil G alone) is appropriate to safeguard the interests of the ./Dyson_R_14993_SoSDecision.pdf-witnesses and agrees to the use of such measures at the hearing. ./Dyson_R_14993_SoSDecision.pdf- ./Dyson_R_14993_SoSDecision.pdf-The panel has considered each of the witnesses separately. The panel notes that there -- ./Dyson_R_14993_SoSDecision.pdf- ./Dyson_R_14993_SoSDecision.pdf-Mr Dyson denies this action but also accepts that he was a tactile and enthusiastic ./Dyson_R_14993_SoSDecision.pdf-teacher. The panel prefers the evidence of Pupil K on this point and is satisfied that the ./Dyson_R_14993_SoSDecision.pdf-contact was made as described by her. The panel is of the view that any deliberate ./Dyson_R_14993_SoSDecision.pdf-physical contact on the bottom or thigh area of a pupil is inappropriate, even if to get the ./Dyson_R_14993_SoSDecision.pdf-attention of a pupil. ./Dyson_R_14993_SoSDecision.pdf- ./Dyson_R_14993_SoSDecision.pdf-The panel is satisfied on the balance of probabilities that this allegation is proven and that ./Dyson_R_14993_SoSDecision.pdf-Mr Dyson tapped the bottom of Pupil K and that such contact was inappropriate. ./Dyson_R_14993_SoSDecision.pdf- ./Dyson_R_14993_SoSDecision.pdf:3. Made sexually suggestive comments towards or in the presence of one or more ./Dyson_R_14993_SoSDecision.pdf- pupils, including saying words to the effect of: ./Dyson_R_14993_SoSDecision.pdf- ./Dyson_R_14993_SoSDecision.pdf- a. Saying that a boy might need a small toilet but that you would need a large ./Dyson_R_14993_SoSDecision.pdf- one with your ‘big thing’; ./Dyson_R_14993_SoSDecision.pdf- ./Dyson_R_14993_SoSDecision.pdf-The panel heard clear oral evidence from Pupil I, Pupil F, Pupil K and Pupil J in relation ./Dyson_R_14993_SoSDecision.pdf-to this charge. There were minor discrepancies in what the pupils reported had been said ./Dyson_R_14993_SoSDecision.pdf-by Mr Dyson, and it was also clear that the pupils had spoken to one another about the ./Dyson_R_14993_SoSDecision.pdf-incident. ./Dyson_R_14993_SoSDecision.pdf- -- ./Dyson_R_14993_SoSDecision.pdf-The panel accepted that Mr Dyson had referred to urinals as a reference point when ./Dyson_R_14993_SoSDecision.pdf-discussing ergonomics and design issues. The panel is also satisfied that, in the course ./Dyson_R_14993_SoSDecision.pdf:of this discussion, Mr Dyson made reference to his sexual organs and also made ./Dyson_R_14993_SoSDecision.pdf:gestures which resulted in pupils having their attention drawn to Mr Dyson's sexual ./Dyson_R_14993_SoSDecision.pdf-organs. ./Dyson_R_14993_SoSDecision.pdf- ./Dyson_R_14993_SoSDecision.pdf-The panel is also satisfied that there was no clear rationale for using urinals as an ./Dyson_R_14993_SoSDecision.pdf-example in such discussions, and no justification for making references, implied or direct, ./Dyson_R_14993_SoSDecision.pdf:to his sexual organs. The panel is satisfied that the comments made were sexually ./Dyson_R_14993_SoSDecision.pdf-suggestive. The panel is satisfied on the balance of probabilities that this allegation is ./Dyson_R_14993_SoSDecision.pdf-proven. ./Dyson_R_14993_SoSDecision.pdf- ./Dyson_R_14993_SoSDecision.pdf- b. ‘Imagine sucking them balls girls’; ./Dyson_R_14993_SoSDecision.pdf- ./Dyson_R_14993_SoSDecision.pdf-Pupil F in her written evidence referred to Mr Dyson stating words to the effect of ./Dyson_R_14993_SoSDecision.pdf-"imagine sucking on those balls" in the course of a lesson in which moulds and vacuum ./Dyson_R_14993_SoSDecision.pdf-suction was being discussed. Pupil I in written evidence said that Mr Dyson said that ./Dyson_R_14993_SoSDecision.pdf-'these' "would not be very good for sucking on" (page 173). Both Pupil I and Pupil F gave ./Dyson_R_14993_SoSDecision.pdf-oral evidence which amplified their written evidence. -- ./Dyson_R_14993_SoSDecision.pdf-Mr Dyson's account was that the pupils had said that the ball, i.e. mould, was no good for ./Dyson_R_14993_SoSDecision.pdf-sucking on and he had ignored this comment. The oral evidence from Pupil I and Pupil F ./Dyson_R_14993_SoSDecision.pdf-was that this was not said by any pupils. The panel prefers the evidence of the pupils and ./Dyson_R_14993_SoSDecision.pdf-was satisfied that the comments described by the pupils, or words to their effect, were ./Dyson_R_14993_SoSDecision.pdf-made by Mr Dyson. The panel is satisfied that Mr Dyson used words to the effect of ./Dyson_R_14993_SoSDecision.pdf-"imagine sucking on these balls" and that such an expression could have been used with ./Dyson_R_14993_SoSDecision.pdf-greater care. Indeed, the use of the words "sucking" and "balls" in combination could ./Dyson_R_14993_SoSDecision.pdf-have been avoided in the circumstances. ./Dyson_R_14993_SoSDecision.pdf- ./Dyson_R_14993_SoSDecision.pdf-The panel is satisfied that Mr Dyson made these remarks, or words to their effect. The ./Dyson_R_14993_SoSDecision.pdf:panel is satisfied that such comments were sexually suggestive. The panel is satisfied on ./Dyson_R_14993_SoSDecision.pdf-the balance of probabilities that this allegation is proven. ./Dyson_R_14993_SoSDecision.pdf- ./Dyson_R_14993_SoSDecision.pdf- e. Commenting on the male and female parts of nuts and bolts fitting together. ./Dyson_R_14993_SoSDecision.pdf- ./Dyson_R_14993_SoSDecision.pdf:The panel heard from pupils, including Pupil K, that sexual jokes were made by Mr Dyson ./Dyson_R_14993_SoSDecision.pdf-regularly about "nuts and bolts" fitting together. Pupil K gave clear evidence that Mr ./Dyson_R_14993_SoSDecision.pdf-Dyson made repeated references of this nature. The panel is satisfied on the balance of ./Dyson_R_14993_SoSDecision.pdf-probabilities that Mr Dyson made such repeated references. ./Dyson_R_14993_SoSDecision.pdf- ./Dyson_R_14993_SoSDecision.pdf-The panel accepts that reference is made in engineering circles to the notion of 'male' ./Dyson_R_14993_SoSDecision.pdf-and 'female' parts fitting together, and such references are not necessarily inappropriate. ./Dyson_R_14993_SoSDecision.pdf-However, the panel is also satisfied that the repeated references described by Pupil K ./Dyson_R_14993_SoSDecision.pdf-fulfilled no clear teaching purpose and were unnecessary. Indeed, Pupil K was clear that ./Dyson_R_14993_SoSDecision.pdf-she regarded such examples as unnecessary because the point Mr Dyson was seeking ./Dyson_R_14993_SoSDecision.pdf-to explain was obvious. -- ./Dyson_R_14993_SoSDecision.pdf-The panel is satisfied that by virtue of the unnecessary repetition of such expressions, ./Dyson_R_14993_SoSDecision.pdf-and the manner in which they were delivered and perceived by pupils, the comments ./Dyson_R_14993_SoSDecision.pdf:were sexually suggestive. ./Dyson_R_14993_SoSDecision.pdf- ./Dyson_R_14993_SoSDecision.pdf-The panel is satisfied on the balance of probabilities that this allegation is proven. ./Dyson_R_14993_SoSDecision.pdf- ./Dyson_R_14993_SoSDecision.pdf- 5. Failed to treat others with dignity and respect in that you: ./Dyson_R_14993_SoSDecision.pdf- ./Dyson_R_14993_SoSDecision.pdf- b. Shouted at one or more colleagues; ./Dyson_R_14993_SoSDecision.pdf- ./Dyson_R_14993_SoSDecision.pdf-The panel had sight of written evidence from Pupil C that Mr Dyson raised his voice with ./Dyson_R_14993_SoSDecision.pdf-colleagues and shouted at the engineering technicians Individual A, Individual B, and ./Dyson_R_14993_SoSDecision.pdf-Individual C. The panel accepts the evidence of Pupil C that shouting took place. -- ./Dyson_R_14993_SoSDecision.pdf- ./Dyson_R_14993_SoSDecision.pdf-Pupil G also stated in evidence that other pupils were present during the incident ./Dyson_R_14993_SoSDecision.pdf-complained of. However, when those pupils gave evidence they did not recall anything of ./Dyson_R_14993_SoSDecision.pdf-concern regarding Mr Dyson and Pupil G. ./Dyson_R_14993_SoSDecision.pdf- ./Dyson_R_14993_SoSDecision.pdf-The panel is in no doubt that Mr Dyson put his arms around Pupil G whilst demonstrating ./Dyson_R_14993_SoSDecision.pdf-how to use machinery, but having regard to all the other evidence, the panel is not ./Dyson_R_14993_SoSDecision.pdf-satisfied on the balance of probabilities that any such contact was inappropriate given the ./Dyson_R_14993_SoSDecision.pdf-practical nature of engineering lessons. ./Dyson_R_14993_SoSDecision.pdf- ./Dyson_R_14993_SoSDecision.pdf:2. Performing sexually suggestive actions towards or in the presence of one or ./Dyson_R_14993_SoSDecision.pdf-more pupils, including; ./Dyson_R_14993_SoSDecision.pdf- ./Dyson_R_14993_SoSDecision.pdf- a. Simulating masturbation with a pole; ./Dyson_R_14993_SoSDecision.pdf- ./Dyson_R_14993_SoSDecision.pdf-The panel heard evidence from a number of pupils relating to this charge. ./Dyson_R_14993_SoSDecision.pdf- ./Dyson_R_14993_SoSDecision.pdf-Pupil F gave evidence that Mr Dyson imitated masturbation gestures with his hand round ./Dyson_R_14993_SoSDecision.pdf-a metal pole when doing a demonstration about how smooth poles needed to be for the ./Dyson_R_14993_SoSDecision.pdf-construction of a lamp. ./Dyson_R_14993_SoSDecision.pdf- ./Dyson_R_14993_SoSDecision.pdf-Pupil I also gave evidence in relation to this charge and explained that the actions of Mr ./Dyson_R_14993_SoSDecision.pdf-Dyson were not done in such a way so as to aid the lesson. ./Dyson_R_14993_SoSDecision.pdf- ./Dyson_R_14993_SoSDecision.pdf-The panel accepts that the pupils in question believed that they had witnessed Mr Dyson ./Dyson_R_14993_SoSDecision.pdf-simulating masturbation with a pole. ./Dyson_R_14993_SoSDecision.pdf- ./Dyson_R_14993_SoSDecision.pdf-The panel heard evidence from Mr Dyson who also gave a demonstration of what he had ./Dyson_R_14993_SoSDecision.pdf-done in the lesson. The panel is of the view that Mr Dyson conducted a demonstration in ./Dyson_R_14993_SoSDecision.pdf:the lesson which was clearly capable of a sexualised interpretation. ./Dyson_R_14993_SoSDecision.pdf- ./Dyson_R_14993_SoSDecision.pdf- ./Dyson_R_14993_SoSDecision.pdf- ./Dyson_R_14993_SoSDecision.pdf- 16 ./Dyson_R_14993_SoSDecision.pdf- -- ./Dyson_R_14993_SoSDecision.pdf-Whilst the evidence of the pupils was credible, and both pupils gave consistent evidence, ./Dyson_R_14993_SoSDecision.pdf-the panel was not of the view that the demonstration conducted by Mr Dyson could ./Dyson_R_14993_SoSDecision.pdf:properly be described as performing a sexually suggestive action in the form of ./Dyson_R_14993_SoSDecision.pdf-simulating masturbation. ./Dyson_R_14993_SoSDecision.pdf- ./Dyson_R_14993_SoSDecision.pdf-Any demonstration involving a pole and an instruction that the pole was to be 'smooth' to ./Dyson_R_14993_SoSDecision.pdf-enable it to be used for the purpose in question is prone to misinterpretation. The panel is ./Dyson_R_14993_SoSDecision.pdf-of the view that Mr Dyson could have delivered his lesson in such a way so as not to ./Dyson_R_14993_SoSDecision.pdf:create any risk of sexualised misinterpretation. However, Mr Dyson is not charged with ./Dyson_R_14993_SoSDecision.pdf:poor judgement, but with performing sexually suggestive actions in the form of simulating ./Dyson_R_14993_SoSDecision.pdf-masturbation. ./Dyson_R_14993_SoSDecision.pdf- ./Dyson_R_14993_SoSDecision.pdf-The panel is not satisfied on the balance of probabilities that this action occurred as ./Dyson_R_14993_SoSDecision.pdf-charged. ./Dyson_R_14993_SoSDecision.pdf- ./Dyson_R_14993_SoSDecision.pdf- b. Lunging with a metal rod whilst your leg was raised on a stool; ./Dyson_R_14993_SoSDecision.pdf- ./Dyson_R_14993_SoSDecision.pdf-The panel notes that Mr Dyson accepts performing an action with a pole whilst his leg ./Dyson_R_14993_SoSDecision.pdf-was raised on a stool with the intention of demonstrating a bending action to emphasise ./Dyson_R_14993_SoSDecision.pdf-the strength of different materials. The panel is satisfied that this matter could be ./Dyson_R_14993_SoSDecision.pdf-described as "lunging". ./Dyson_R_14993_SoSDecision.pdf- ./Dyson_R_14993_SoSDecision.pdf-Pupil C gave evidence that she regarded this behaviour as odd because it was so ./Dyson_R_14993_SoSDecision.pdf:exaggerated. However, there is no evidence that such actions were sexualised in any ./Dyson_R_14993_SoSDecision.pdf-form even if they were perceived by pupils as being odd. The panel does not accept that ./Dyson_R_14993_SoSDecision.pdf:these actions were sexually suggestive. The panel is not satisfied that this allegation is ./Dyson_R_14993_SoSDecision.pdf-proven on the balance of probabilities. ./Dyson_R_14993_SoSDecision.pdf- ./Dyson_R_14993_SoSDecision.pdf- c. Lifting a pole between the legs of Pupil J; ./Dyson_R_14993_SoSDecision.pdf- ./Dyson_R_14993_SoSDecision.pdf-It is common ground between the NCTL and Mr Dyson that a pole was lifted between the ./Dyson_R_14993_SoSDecision.pdf-legs of Pupil J. Mr Dyson maintains that this was a mistake and that Pupil J should not ./Dyson_R_14993_SoSDecision.pdf-have been attempting to walk over the pole in question. ./Dyson_R_14993_SoSDecision.pdf- ./Dyson_R_14993_SoSDecision.pdf-Pupil J gave evidence that Mr Dyson deliberately lifted a pole between her legs in front of ./Dyson_R_14993_SoSDecision.pdf-the class. This incident was witnessed by Pupil K who was also of the view that this was ./Dyson_R_14993_SoSDecision.pdf-a deliberate action. Pupil J confirmed that Mr Dyson had his back to her. The panel heard ./Dyson_R_14993_SoSDecision.pdf-detailed evidence from Mr Dyson as to what had occurred and found his account that this ./Dyson_R_14993_SoSDecision.pdf-was a mistake to be plausible, particularly when considering Pupil J's evidence that as ./Dyson_R_14993_SoSDecision.pdf-she walked over the pole in question Mr Dyson had his back to her. In consequence, the ./Dyson_R_14993_SoSDecision.pdf-panel is not satisfied that Mr Dyson deliberately lifted the pole between the legs of Pupil J ./Dyson_R_14993_SoSDecision.pdf:in a sexually suggestive manner. The panel is not satisfied that this allegation is proven ./Dyson_R_14993_SoSDecision.pdf-on the balance of probabilities. ./Dyson_R_14993_SoSDecision.pdf- ./Dyson_R_14993_SoSDecision.pdf- d. Zooming in on body parts of a female colleague whose photograph was on an ./Dyson_R_14993_SoSDecision.pdf- interactive whiteboard, ./Dyson_R_14993_SoSDecision.pdf- ./Dyson_R_14993_SoSDecision.pdf- 17 ./Dyson_R_14993_SoSDecision.pdf- -- ./Dyson_R_14993_SoSDecision.pdf- ./Dyson_R_14993_SoSDecision.pdf-The panel notes that no photograph has been produced by the NCTL in relation to the ./Dyson_R_14993_SoSDecision.pdf-incident and so the panel has been unable to assess this allegation in detail. The ./Dyson_R_14993_SoSDecision.pdf-presence or otherwise of a photograph would not be determinative of the charge, but the ./Dyson_R_14993_SoSDecision.pdf-absence of a photograph has resulted in the pupil witnesses being unable to give specific ./Dyson_R_14993_SoSDecision.pdf-evidence with any clarity as to precisely what is said to have occurred. ./Dyson_R_14993_SoSDecision.pdf- ./Dyson_R_14993_SoSDecision.pdf-Mr Dyson produced a photograph which he said is the photo he referred to in the lesson, ./Dyson_R_14993_SoSDecision.pdf-and also provided an account of his actions which the panel regarded as plausible. The ./Dyson_R_14993_SoSDecision.pdf-panel is not satisfied that Mr Dyson zoomed in on any particular body parts of a female ./Dyson_R_14993_SoSDecision.pdf:teacher in a sexually suggestive manner. The panel is not satisfied that this allegation is ./Dyson_R_14993_SoSDecision.pdf-proven on the balance of probabilities. ./Dyson_R_14993_SoSDecision.pdf- ./Dyson_R_14993_SoSDecision.pdf- e. Holding spherical vacuum-formed moulds to your chest to simulate breasts; ./Dyson_R_14993_SoSDecision.pdf- ./Dyson_R_14993_SoSDecision.pdf-The panel heard no direct oral evidence in relation to this charge from NCTL witnesses. ./Dyson_R_14993_SoSDecision.pdf-However, the allegation is referred to as a matter which was dealt with in the course of ./Dyson_R_14993_SoSDecision.pdf-the school disciplinary procedures and which gave rise to a warning. ./Dyson_R_14993_SoSDecision.pdf- ./Dyson_R_14993_SoSDecision.pdf-The written evidence before the panel was to the effect that a warning had been given to ./Dyson_R_14993_SoSDecision.pdf-Mr Dyson in relation to this allegation. However, there was no clear documentary ./Dyson_R_14993_SoSDecision.pdf-evidence of this warning, its nature, how it was delivered and whether indeed Mr Dyson ./Dyson_R_14993_SoSDecision.pdf-accepted the factual basis of the warning or the warning itself. ./Dyson_R_14993_SoSDecision.pdf- ./Dyson_R_14993_SoSDecision.pdf-It was not clear to the panel that Mr Dyson had ever accepted that he did perform ./Dyson_R_14993_SoSDecision.pdf:sexually suggestive actions by holding moulds to his chest to simulate breasts. There is ./Dyson_R_14993_SoSDecision.pdf-reference within the papers to a statement by a member of staff (Individual D) which ./Dyson_R_14993_SoSDecision.pdf-refers to this issue, but no such statement was before the panel. Indeed, there is no ./Dyson_R_14993_SoSDecision.pdf-direct evidence on this charge at all. The panel is therefore not satisfied that this ./Dyson_R_14993_SoSDecision.pdf-allegation is proven on the balance of probabilities. ./Dyson_R_14993_SoSDecision.pdf- ./Dyson_R_14993_SoSDecision.pdf- f. ‘dry-humping’ a computer keyboard; ./Dyson_R_14993_SoSDecision.pdf- ./Dyson_R_14993_SoSDecision.pdf-This allegation is referred to in the written statement of Witness A. Mr Dyson denied this ./Dyson_R_14993_SoSDecision.pdf-charge. There is also reference to this allegation in the disciplinary documents from the ./Dyson_R_14993_SoSDecision.pdf-school which were before the panel. However, there was no direct oral evidence, or clear -- ./Dyson_R_14993_SoSDecision.pdf-lent over things. Mr Dyson accepted that he would make noises as he lent over or lifted ./Dyson_R_14993_SoSDecision.pdf-things on account of their weight, and the state of his health, which required him to exert ./Dyson_R_14993_SoSDecision.pdf-himself. ./Dyson_R_14993_SoSDecision.pdf- ./Dyson_R_14993_SoSDecision.pdf-The panel also had the benefit of Mr Dyson's demonstration and his acceptance that he ./Dyson_R_14993_SoSDecision.pdf-would perform actions in an exaggerated way and the panel also accepted that he ./Dyson_R_14993_SoSDecision.pdf-suffered from imperfect hearing which resulted in his communicating in a loud way. ./Dyson_R_14993_SoSDecision.pdf- ./Dyson_R_14993_SoSDecision.pdf-The panel is satisfied that Mr Dyson did grunt, or indeed make noises which would have ./Dyson_R_14993_SoSDecision.pdf-been perceived as exaggerated or strange as he lent over or lifted things. However, the ./Dyson_R_14993_SoSDecision.pdf:panel is not satisfied that such actions were sexually suggestive and therefore this ./Dyson_R_14993_SoSDecision.pdf-allegation is not proven on the balance of probabilities. ./Dyson_R_14993_SoSDecision.pdf- ./Dyson_R_14993_SoSDecision.pdf:3. Made sexually suggestive comments towards or in the presence of one or more ./Dyson_R_14993_SoSDecision.pdf-pupils, including saying words to the effect of: ./Dyson_R_14993_SoSDecision.pdf- ./Dyson_R_14993_SoSDecision.pdf- c. ‘Come on girls, who wants to talc me up?’; ./Dyson_R_14993_SoSDecision.pdf- ./Dyson_R_14993_SoSDecision.pdf-The panel heard no direct oral evidence in relation to this charge. There were no signed ./Dyson_R_14993_SoSDecision.pdf-statements on this matter before the panel which gave direct evidence of relevance. The ./Dyson_R_14993_SoSDecision.pdf-panel notes that talcum powder would have been used in lessons for legitimate purposes ./Dyson_R_14993_SoSDecision.pdf-and references to talcum powder would have been necessary. ./Dyson_R_14993_SoSDecision.pdf- ./Dyson_R_14993_SoSDecision.pdf-Mr Dyson accepts references to talcum powder in his lessons and gives a credible -- ./Dyson_R_14993_SoSDecision.pdf:alleged, or doing so in a sexually suggestive manner, but accepts that he may have ./Dyson_R_14993_SoSDecision.pdf-commented on the temperature of the pupils in question. ./Dyson_R_14993_SoSDecision.pdf- ./Dyson_R_14993_SoSDecision.pdf-The panel notes that the weight of the evidence is that the expression "hot babies" was ./Dyson_R_14993_SoSDecision.pdf-used as opposed to "babes". In relation to the use of the expression "hot babies", the ./Dyson_R_14993_SoSDecision.pdf-panel is of the view that this comment is open to a range of different interpretations. ./Dyson_R_14993_SoSDecision.pdf-Whilst the panel is satisfied that this incident took place and Mr Dyson referred to the ./Dyson_R_14993_SoSDecision.pdf-pupils as "hot babies" after they had had their temperatures taken, the panel is not ./Dyson_R_14993_SoSDecision.pdf-satisfied that it can properly be said, given the context and circumstances, that such a ./Dyson_R_14993_SoSDecision.pdf:comment was sexually suggestive in nature. The panel is not satisfied that this charge is ./Dyson_R_14993_SoSDecision.pdf-proven on the balance of probabilities. ./Dyson_R_14993_SoSDecision.pdf- ./Dyson_R_14993_SoSDecision.pdf-4. Made prejudicial comments including words to the effect of: ./Dyson_R_14993_SoSDecision.pdf- ./Dyson_R_14993_SoSDecision.pdf- a. ‘Asian parents don’t let their daughters go that far from home’ with ./Dyson_R_14993_SoSDecision.pdf- reference to a pupil going to university; ./Dyson_R_14993_SoSDecision.pdf- ./Dyson_R_14993_SoSDecision.pdf-This allegation was amended following an application by the NCTL which was not ./Dyson_R_14993_SoSDecision.pdf-opposed by My Dyson. The panel accepted that the amendment caused no unfairness ./Dyson_R_14993_SoSDecision.pdf-and was appropriate in all the circumstances. -- ./Dyson_R_14993_SoSDecision.pdf-stereotyping. Mr Dyson's account of the conversation does not make sense in the context ./Dyson_R_14993_SoSDecision.pdf-which has been described. ./Dyson_R_14993_SoSDecision.pdf- ./Dyson_R_14993_SoSDecision.pdf-Whilst the panel prefers the account of Pupil C, the panel was sceptical of the ./Dyson_R_14993_SoSDecision.pdf-interpretation which Pupil C placed upon the expression "as long as she kept me happy". ./Dyson_R_14993_SoSDecision.pdf-This comment is capable of different interpretations. ./Dyson_R_14993_SoSDecision.pdf- ./Dyson_R_14993_SoSDecision.pdf-Whilst the panel finds that the comments attributed to Mr Dyson by Pupil C were made, it ./Dyson_R_14993_SoSDecision.pdf-is not satisfied that the comments were clearly prejudicial. The comments were ./Dyson_R_14993_SoSDecision.pdf-inappropriate and they created a risk that pupils present would interpret Mr Dyson ./Dyson_R_14993_SoSDecision.pdf:referring to his wife and their sex life. However, that is not relevant to the charge in ./Dyson_R_14993_SoSDecision.pdf-question. ./Dyson_R_14993_SoSDecision.pdf- ./Dyson_R_14993_SoSDecision.pdf-The panel is of the view that Mr Dyson could have avoided this conversation but instead ./Dyson_R_14993_SoSDecision.pdf-attempted to join in the conversation in an attempt to dispel a stereotype about ./Dyson_R_14993_SoSDecision.pdf-lesbianism and all-girls’ schools. However, rather than joining in the conversation in a ./Dyson_R_14993_SoSDecision.pdf-positive and constructive way, as he may have intended, the comments made were ./Dyson_R_14993_SoSDecision.pdf-careless and ill-judged. ./Dyson_R_14993_SoSDecision.pdf- ./Dyson_R_14993_SoSDecision.pdf- ./Dyson_R_14993_SoSDecision.pdf- 21 -- ./Dyson_R_14993_SoSDecision.pdf-However, the panel is not satisfied that the comments were prejudicial to, for example, ./Dyson_R_14993_SoSDecision.pdf:either gender or sexual orientation, and therefore the charge in full is not proven on the ./Dyson_R_14993_SoSDecision.pdf-balance of probabilities. ./Dyson_R_14993_SoSDecision.pdf- ./Dyson_R_14993_SoSDecision.pdf- d. That your wife was a bitch as she hadn’t done your ironing; ./Dyson_R_14993_SoSDecision.pdf- ./Dyson_R_14993_SoSDecision.pdf-The panel had live oral evidence from Witness A in relation to this allegation. The panel ./Dyson_R_14993_SoSDecision.pdf-heard from Witness A that Mr Dyson has made this comment to a colleague, Individual E. ./Dyson_R_14993_SoSDecision.pdf-Witness A explained that she was not party to the conversation but overheard it from a ./Dyson_R_14993_SoSDecision.pdf-different table. Witness A stated that Mr Dyson had used the word "bitch" about his wife ./Dyson_R_14993_SoSDecision.pdf-in a 'jokey' way. However, Witness A was not herself involved in the conversation. ./Dyson_R_14993_SoSDecision.pdf- -- ./Dyson_R_14993_SoSDecision.pdf-went to a plumber's merchant. This is in fact supported by the written evidence of ./Dyson_R_14993_SoSDecision.pdf-Witness B who states (at page 103) that Individual K had in fact been left in charge of the ./Dyson_R_14993_SoSDecision.pdf-class. Mr Dyson should not have left school during class time to collect items which could ./Dyson_R_14993_SoSDecision.pdf-have been prepared outside of class time. However, that is not the allegation. ./Dyson_R_14993_SoSDecision.pdf- ./Dyson_R_14993_SoSDecision.pdf-The panel finds that Mr Dyson did leave a class when he went out, however, the panel ./Dyson_R_14993_SoSDecision.pdf-also finds that a member of staff had been left to supervise the pupils and therefore there ./Dyson_R_14993_SoSDecision.pdf-was no failure to properly safeguard pupils’ welfare in these circumstances. The panel is ./Dyson_R_14993_SoSDecision.pdf-not satisfied that this charge is proven on the balance of probabilities. ./Dyson_R_14993_SoSDecision.pdf- ./Dyson_R_14993_SoSDecision.pdf: 8. In doing 1. and/or 2. and/or 3. above your actions were sexually motivated. ./Dyson_R_14993_SoSDecision.pdf- ./Dyson_R_14993_SoSDecision.pdf-In relation to charge 8, the panel finds that none of the matters found proven at 1. or 3. ./Dyson_R_14993_SoSDecision.pdf:above were sexually motivated. ./Dyson_R_14993_SoSDecision.pdf- ./Dyson_R_14993_SoSDecision.pdf-No conduct at allegation 2 was found proved. ./Dyson_R_14993_SoSDecision.pdf- ./Dyson_R_14993_SoSDecision.pdf-Whilst the panel regard the facts proved at allegations 1.e. and 1.f. inappropriate, there ./Dyson_R_14993_SoSDecision.pdf:was no evidence that this conduct was sexually motivated. ./Dyson_R_14993_SoSDecision.pdf- ./Dyson_R_14993_SoSDecision.pdf-Whilst the panel regard the facts found proved at allegation 3.a. entirely inappropriate, ./Dyson_R_14993_SoSDecision.pdf-the panel is of the view that this was a foolish attempt at showmanship, and the actions ./Dyson_R_14993_SoSDecision.pdf:were not sexually motivated in that there was no evidence of any attempt to secure ./Dyson_R_14993_SoSDecision.pdf:sexual gratification from them. ./Dyson_R_14993_SoSDecision.pdf- ./Dyson_R_14993_SoSDecision.pdf-Whilst the panel is satisfied that the remarks found proved at allegation 3.b. were ./Dyson_R_14993_SoSDecision.pdf-inappropriate, the panel is not of the view that the comments were made as a result of ./Dyson_R_14993_SoSDecision.pdf:attempts at sexual gratification and therefore is not satisfied that the comments were ./Dyson_R_14993_SoSDecision.pdf:sexually motivated. ./Dyson_R_14993_SoSDecision.pdf- ./Dyson_R_14993_SoSDecision.pdf-As regards allegation 3.e, whilst the panel regards the comments as inappropriate and ./Dyson_R_14993_SoSDecision.pdf:sexually suggestive, the panel does not regard Mr Dyson's actions as sexually motivated ./Dyson_R_14993_SoSDecision.pdf-in as far as the evidence suggests that the actions arose from an ill-conceived attempt to ./Dyson_R_14993_SoSDecision.pdf- ./Dyson_R_14993_SoSDecision.pdf- ./Dyson_R_14993_SoSDecision.pdf- 28 ./Dyson_R_14993_SoSDecision.pdf- -- ./Dyson_R_14993_SoSDecision.pdf:generate humour in the classroom, rather than to try and secure some form of sexual ./Dyson_R_14993_SoSDecision.pdf-gratification. ./Dyson_R_14993_SoSDecision.pdf- ./Dyson_R_14993_SoSDecision.pdf-Findings as to unacceptable professional conduct and/or conduct that ./Dyson_R_14993_SoSDecision.pdf-may bring the profession into disrepute ./Dyson_R_14993_SoSDecision.pdf-Having found a number of the allegations to have been proven, the panel has gone on to ./Dyson_R_14993_SoSDecision.pdf-consider whether the facts of those proven allegations amount to unacceptable ./Dyson_R_14993_SoSDecision.pdf-professional conduct and/or conduct that may bring the profession into disrepute. ./Dyson_R_14993_SoSDecision.pdf- ./Dyson_R_14993_SoSDecision.pdf-In doing so, the panel has had regard to the document Teacher Misconduct: The ./Dyson_R_14993_SoSDecision.pdf-Prohibition of Teachers, which the panel refers to as “the Advice”. -- ./Dyson_R_14993_SoSDecision.pdf-The panel has also considered whether Mr Dyson's conduct displayed behaviours ./Dyson_R_14993_SoSDecision.pdf-associated with any of the offences listed on pages 8 and 9 of the Advice. The Advice ./Dyson_R_14993_SoSDecision.pdf-indicates that where behaviours associated with such an offence exist, a panel is likely to ./Dyson_R_14993_SoSDecision.pdf-conclude that an individual’s conduct would amount to unacceptable professional ./Dyson_R_14993_SoSDecision.pdf-conduct. The panel has found that Mr Dyson has not displayed such behaviours. ./Dyson_R_14993_SoSDecision.pdf- ./Dyson_R_14993_SoSDecision.pdf-Allegations 3.a., 3.b. and 3.e. ./Dyson_R_14993_SoSDecision.pdf- ./Dyson_R_14993_SoSDecision.pdf-The panel is satisfied that the conduct of Mr Dyson fell significantly short of the standards ./Dyson_R_14993_SoSDecision.pdf-expected of the profession in respect of allegations 3 a., 3 b. and 3.e. Whilst the panel ./Dyson_R_14993_SoSDecision.pdf:was not satisfied that such conduct was sexually motivated, it was satisfied that the ./Dyson_R_14993_SoSDecision.pdf-conduct found proven at allegation 3 was inappropriate and gratuitous. ./Dyson_R_14993_SoSDecision.pdf- ./Dyson_R_14993_SoSDecision.pdf-In relation to allegation 3 a., Mr Dyson introduced references to his genitals into a ./Dyson_R_14993_SoSDecision.pdf-classroom environment for no purpose, and there is evidence that the pupils present ./Dyson_R_14993_SoSDecision.pdf-were negatively affected by this incident. Similarly, and whilst different in nature, ./Dyson_R_14993_SoSDecision.pdf:allegations 3.b. and 3.e. involved Mr Dyson making unnecessary references of a sexual ./Dyson_R_14993_SoSDecision.pdf- ./Dyson_R_14993_SoSDecision.pdf- 29 ./Dyson_R_14993_SoSDecision.pdf- -- ./Dyson_R_14993_SoSDecision.pdf-negative impact on the individual’s status as a teacher, potentially damaging the public ./Dyson_R_14993_SoSDecision.pdf-perception. ./Dyson_R_14993_SoSDecision.pdf- ./Dyson_R_14993_SoSDecision.pdf-The panel therefore finds that that Mr Dyson's actions at allegations 3.a., 3.b, and 3.e. ./Dyson_R_14993_SoSDecision.pdf-constitute conduct that may bring the profession into disrepute. ./Dyson_R_14993_SoSDecision.pdf- ./Dyson_R_14993_SoSDecision.pdf-Allegation 1.f. ./Dyson_R_14993_SoSDecision.pdf- ./Dyson_R_14993_SoSDecision.pdf-The panel is satisfied that the conduct of Mr Dyson fell significantly short of the standards ./Dyson_R_14993_SoSDecision.pdf-expected of the profession in respect of allegation 1.f. Whilst the panel was not satisfied ./Dyson_R_14993_SoSDecision.pdf:that such conduct was sexually motivated, it was satisfied that the conduct found proven ./Dyson_R_14993_SoSDecision.pdf-was inappropriate. Whilst the contact was not sustained, Mr Dyson did have contact with ./Dyson_R_14993_SoSDecision.pdf-the lower body area of Pupil K, and there was no justification for such contact in the ./Dyson_R_14993_SoSDecision.pdf-circumstances. The panel regards such conduct by Mr Dyson as careless. ./Dyson_R_14993_SoSDecision.pdf- ./Dyson_R_14993_SoSDecision.pdf-The panel is satisfied that such actions represent a serious departure from expectations ./Dyson_R_14993_SoSDecision.pdf-and fell significantly short of the standards expected of a teacher. The panel is satisfied ./Dyson_R_14993_SoSDecision.pdf-that these actions amount to unacceptable professional conduct. ./Dyson_R_14993_SoSDecision.pdf- ./Dyson_R_14993_SoSDecision.pdf-The panel has taken into account how the teaching profession is viewed by others and ./Dyson_R_14993_SoSDecision.pdf-considered the influence that teachers may have on pupils, parents and others in the -- ./Dyson_R_14993_SoSDecision.pdf-Allegations 1.e. and 5.b. ./Dyson_R_14993_SoSDecision.pdf- ./Dyson_R_14993_SoSDecision.pdf-The panel is not satisfied that the conduct of Mr Dyson in relation to the facts found ./Dyson_R_14993_SoSDecision.pdf-proven at Allegations 1.e. or 5.b. fell significantly short of the standards expected of the ./Dyson_R_14993_SoSDecision.pdf-profession in those cases. ./Dyson_R_14993_SoSDecision.pdf- ./Dyson_R_14993_SoSDecision.pdf-Having found the facts of particulars 1.e. proven, nevertheless we find that Mr Dyson's ./Dyson_R_14993_SoSDecision.pdf-actions in making inappropriate physical contact with Pupil I does not amount to ./Dyson_R_14993_SoSDecision.pdf-unacceptable professional conduct. The conduct was inappropriate and Mr Dyson's ./Dyson_R_14993_SoSDecision.pdf-conduct was ill-advised. However, the panel was also mindful that this incident, whilst ./Dyson_R_14993_SoSDecision.pdf:part of a pattern of behaviour, did not involve sustained contact, nor was it sexually ./Dyson_R_14993_SoSDecision.pdf-motivated. However, more significantly, the contact was not on the lower body area, and ./Dyson_R_14993_SoSDecision.pdf-in the circumstances, can be distinguished as less serious from other forms of ./Dyson_R_14993_SoSDecision.pdf-inappropriate contact with a pupil. ./Dyson_R_14993_SoSDecision.pdf- ./Dyson_R_14993_SoSDecision.pdf-Given these circumstances, the panel was not satisfied that it can properly be said that ./Dyson_R_14993_SoSDecision.pdf-this conduct is so serious as to fall significantly short of the standards expected of ./Dyson_R_14993_SoSDecision.pdf-teachers. In consequence, the panel is not satisfied that this conduct can be described as ./Dyson_R_14993_SoSDecision.pdf-unacceptable professional conduct or indeed conduct which may bring the profession ./Dyson_R_14993_SoSDecision.pdf-into disrepute. ./Dyson_R_14993_SoSDecision.pdf- -- ./Dyson_R_14993_SoSDecision.pdf-respect of those matters found to be unacceptable professional conduct and conduct that ./Dyson_R_14993_SoSDecision.pdf-may bring the profession into disrepute at allegations 1.f., 3.a., 3.b. and 3.e., namely: ./Dyson_R_14993_SoSDecision.pdf- ./Dyson_R_14993_SoSDecision.pdf-  the protection of pupils; ./Dyson_R_14993_SoSDecision.pdf- ./Dyson_R_14993_SoSDecision.pdf-  the maintenance of public confidence in the profession; ./Dyson_R_14993_SoSDecision.pdf- ./Dyson_R_14993_SoSDecision.pdf-  declaring and upholding proper standards of conduct. ./Dyson_R_14993_SoSDecision.pdf- ./Dyson_R_14993_SoSDecision.pdf-In light of the panel’s findings against Mr Dyson, which involved inappropriate physical ./Dyson_R_14993_SoSDecision.pdf:contact with pupils, and inappropriate and sexually suggestive comments to pupils, there ./Dyson_R_14993_SoSDecision.pdf-is a strong public interest consideration in imposing a sanction. There is a public interest ./Dyson_R_14993_SoSDecision.pdf-in protecting pupils from exposure to inappropriate behaviour where there is a risk of ./Dyson_R_14993_SoSDecision.pdf-harm. ./Dyson_R_14993_SoSDecision.pdf- ./Dyson_R_14993_SoSDecision.pdf-There is a public interest consideration in respect of the protection of pupils given the ./Dyson_R_14993_SoSDecision.pdf:findings of inappropriate physical contact with pupils, and exposing them to sexually ./Dyson_R_14993_SoSDecision.pdf-suggestive language, as found in relation to allegation 1.f. and 3.a., 3.b. and 3.e. ./Dyson_R_14993_SoSDecision.pdf- ./Dyson_R_14993_SoSDecision.pdf-Similarly, the panel considered that public confidence in the profession could be seriously ./Dyson_R_14993_SoSDecision.pdf-weakened if conduct such as that found against Mr Dyson was not treated with the ./Dyson_R_14993_SoSDecision.pdf-utmost seriousness when regulating the conduct of the profession. ./Dyson_R_14993_SoSDecision.pdf- ./Dyson_R_14993_SoSDecision.pdf-The panel considered that a strong public interest consideration in declaring proper ./Dyson_R_14993_SoSDecision.pdf-standards of conduct in the profession was also present as the conduct found against Mr ./Dyson_R_14993_SoSDecision.pdf-Dyson at allegations 1.f., 3.a., 3.b. and 3.e. was outside that which could reasonably be ./Dyson_R_14993_SoSDecision.pdf-tolerated. -- ./Dyson_R_14993_SoSDecision.pdf-proportionate measure to impose, particularly taking into account the nature of the ./Dyson_R_14993_SoSDecision.pdf-behaviour in this case. ./Dyson_R_14993_SoSDecision.pdf- ./Dyson_R_14993_SoSDecision.pdf-The panel is of the view that Mr Dyson's behaviour was not planned. There was no ./Dyson_R_14993_SoSDecision.pdf:sexual or other inappropriate motivation behind his conduct. ./Dyson_R_14993_SoSDecision.pdf- ./Dyson_R_14993_SoSDecision.pdf-However, the panel is of the view that Mr Dyson could have avoided this behaviour. ./Dyson_R_14993_SoSDecision.pdf-There was no evidence that Mr Dyson was acting under duress. The panel is of the view ./Dyson_R_14993_SoSDecision.pdf-that Mr Dyson is capable of acting in an ill-judged manner, and without being sensitive to ./Dyson_R_14993_SoSDecision.pdf-the audience, or to circumstances. ./Dyson_R_14993_SoSDecision.pdf- ./Dyson_R_14993_SoSDecision.pdf-The panel is of the view that Mr Dyson exercised poor judgement as a result of an ./Dyson_R_14993_SoSDecision.pdf-occasional failure to appreciate the impact that his behaviour may have, regardless of his ./Dyson_R_14993_SoSDecision.pdf-intentions. For example, Mr Dyson did not demonstrate a genuine appreciation of why ./Dyson_R_14993_SoSDecision.pdf-moving pupils out of the way, physically, may be ill-advised, however innocuous the ./Dyson_R_14993_SoSDecision.pdf-intentions were (allegation 1.f.). Similarly, Mr Dyson did not demonstrate a genuine ./Dyson_R_14993_SoSDecision.pdf:appreciation of why making certain comments of a sexually suggestive nature may lead ./Dyson_R_14993_SoSDecision.pdf-to concern (allegations 3.a., 3.b. and 3.e.). ./Dyson_R_14993_SoSDecision.pdf- ./Dyson_R_14993_SoSDecision.pdf-The panel has also found that Mr Dyson is given to being overly tactile with people, and ./Dyson_R_14993_SoSDecision.pdf-overly-exuberant in manner and word, as described above, particularly in circumstances ./Dyson_R_14993_SoSDecision.pdf-when a more careful and measured approach would be appropriate. However, the panel ./Dyson_R_14993_SoSDecision.pdf-is not of the view that Mr Dyson is an individual who could be described as posing a risk ./Dyson_R_14993_SoSDecision.pdf-of harm to pupils. The panel notes that none of the pupils who gave evidence in relation ./Dyson_R_14993_SoSDecision.pdf-to allegations 1.f., 3.a., 3.b. and 3.e. report being particularly affected or actually harmed ./Dyson_R_14993_SoSDecision.pdf-by Mr Dyson's conduct. The panel does not wish to minimise the nature of the conduct, ./Dyson_R_14993_SoSDecision.pdf-or minimise the potential consequences of such conduct. However, the panel is of the ./Eades__Andrew_-_Web_Decision_-_1163789_-_1_July_2014.pdf-that the Judge remarked that he was satisfied that there is a significant risk of serious ./Eades__Andrew_-_Web_Decision_-_1163789_-_1_July_2014.pdf:sexual harm being caused to members of the public by the commission of such offences. ./Eades__Andrew_-_Web_Decision_-_1163789_-_1_July_2014.pdf-He went on to state that “victims, when they discover what has happened to them are ./Eades__Andrew_-_Web_Decision_-_1163789_-_1_July_2014.pdf-subjected to the most gross distress and potential psychiatric response to having been ./Eades__Andrew_-_Web_Decision_-_1163789_-_1_July_2014.pdf-filmed in a private act and it is that harm, potential harm, against which it is appropriate to ./Eades__Andrew_-_Web_Decision_-_1163789_-_1_July_2014.pdf-guard”. The Panel, turning its own independent mind to this case, agreed with those ./Eades__Andrew_-_Web_Decision_-_1163789_-_1_July_2014.pdf-remarks. ./Eades__Andrew_-_Web_Decision_-_1163789_-_1_July_2014.pdf- ./Eades__Andrew_-_Web_Decision_-_1163789_-_1_July_2014.pdf:This is a case involving an offence of sexual activity which the Teacher Misconduct: ./Eades__Andrew_-_Web_Decision_-_1163789_-_1_July_2014.pdf-Prohibition of Teachers Advice (“the Guidance”) states is likely to be considered a ./Eades__Andrew_-_Web_Decision_-_1163789_-_1_July_2014.pdf-relevant offence. ./Eades__Andrew_-_Web_Decision_-_1163789_-_1_July_2014.pdf- ./Eades__Andrew_-_Web_Decision_-_1163789_-_1_July_2014.pdf-The Panel has taken into account that Mr Eades has made representations that he was ./Eades__Andrew_-_Web_Decision_-_1163789_-_1_July_2014.pdf-not aware of children using the toilet facilities in the School in which two of the offences ./Eades__Andrew_-_Web_Decision_-_1163789_-_1_July_2014.pdf-occurred. The Panel noted that Mr Eades has not addressed in the Agreed Statement of ./Eades__Andrew_-_Web_Decision_-_1163789_-_1_July_2014.pdf-Facts whether he was aware of whether children could have been filmed when ./Eades__Andrew_-_Web_Decision_-_1163789_-_1_July_2014.pdf-undertaking the activity in a shop. The Police summary of evidence stated that he ./Eades__Andrew_-_Web_Decision_-_1163789_-_1_July_2014.pdf-conceded that he could have accidentally filmed children, but that he never did. The ./Eades__Andrew_-_Web_Decision_-_1163789_-_1_July_2014.pdf-Panel has also taken into consideration Mr Eades’ account that he clearly had an issue at -- ./Eades__Andrew_-_Web_Decision_-_1163789_-_1_July_2014.pdf- ./Eades__Andrew_-_Web_Decision_-_1163789_-_1_July_2014.pdf-  serious departure from the personal and professional conduct elements of the ./Eades__Andrew_-_Web_Decision_-_1163789_-_1_July_2014.pdf- teachers’ standards; ./Eades__Andrew_-_Web_Decision_-_1163789_-_1_July_2014.pdf-  misconduct seriously affecting the education and/or wellbeing of pupils, and ./Eades__Andrew_-_Web_Decision_-_1163789_-_1_July_2014.pdf- particularly where there is a continuing risk; ./Eades__Andrew_-_Web_Decision_-_1163789_-_1_July_2014.pdf-  actions or behaviours that undermine fundamental British values, particularly ./Eades__Andrew_-_Web_Decision_-_1163789_-_1_July_2014.pdf- relating to the law and lack of respect of the rights of others; ./Eades__Andrew_-_Web_Decision_-_1163789_-_1_July_2014.pdf-  a deep-seated attitude that leads to harmful behaviour; ./Eades__Andrew_-_Web_Decision_-_1163789_-_1_July_2014.pdf-  abuse of position or trust (particularly involving vulnerable pupils) or violation of the ./Eades__Andrew_-_Web_Decision_-_1163789_-_1_July_2014.pdf- rights of pupils; ./Eades__Andrew_-_Web_Decision_-_1163789_-_1_July_2014.pdf:  sexual misconduct, eg involving actions that were sexually motivated or of a ./Eades__Andrew_-_Web_Decision_-_1163789_-_1_July_2014.pdf: sexual nature and/or that use or exploit the trust, knowledge or influence derived ./Eades__Andrew_-_Web_Decision_-_1163789_-_1_July_2014.pdf- from the individual’s professional position; ./Eades__Andrew_-_Web_Decision_-_1163789_-_1_July_2014.pdf-  the commission of a serious criminal offence, including those that resulted in a ./Eades__Andrew_-_Web_Decision_-_1163789_-_1_July_2014.pdf- conviction or caution, paying particular attention to offences that are ‘relevant ./Eades__Andrew_-_Web_Decision_-_1163789_-_1_July_2014.pdf- matters’ for the purposes of The Police Act 1997 and criminal record disclosures. ./Eades__Andrew_-_Web_Decision_-_1163789_-_1_July_2014.pdf-There were behaviours that would point to a Prohibition Order being appropriate. ./Eades__Andrew_-_Web_Decision_-_1163789_-_1_July_2014.pdf-However, the Panel went on to consider whether or not there were sufficient mitigating ./Eades__Andrew_-_Web_Decision_-_1163789_-_1_July_2014.pdf-factors to militate against a Prohibition Order being an appropriate and proportionate ./Eades__Andrew_-_Web_Decision_-_1163789_-_1_July_2014.pdf-measure to impose, particularly taking into account the nature and severity of the ./Eades__Andrew_-_Web_Decision_-_1163789_-_1_July_2014.pdf-behaviour in this case. In forming a judgement in this respect, the Panel took particular ./Eades__Andrew_-_Web_Decision_-_1163789_-_1_July_2014.pdf-account of the mitigation evidence that was presented to it by a family member and a ./Eades__Andrew_-_Web_Decision_-_1163789_-_1_July_2014.pdf-retired police officer, both of which confirmed that the offences committed were out of ./Eades__Andrew_-_Web_Decision_-_1163789_-_1_July_2014.pdf-character and attested to his dedication and work ethic. The Panel was also mindful of ./Eades__Andrew_-_Web_Decision_-_1163789_-_1_July_2014.pdf-the fact that prior to these convictions, Mr Eades was considered to be a person of good ./Eades__Andrew_-_Web_Decision_-_1163789_-_1_July_2014.pdf-character with no previous criminal or disciplinary sanctions record against him. ./Eades__Andrew_-_Web_Decision_-_1163789_-_1_July_2014.pdf- ./Eades__Andrew_-_Web_Decision_-_1163789_-_1_July_2014.pdf-Mr Eades has stated that there was no premeditation or planning. However, the Panel ./Eades__Andrew_-_Web_Decision_-_1163789_-_1_July_2014.pdf-considers that Mr Eades’ actions were deliberate, given that his actions were repeated, ./Eades__Andrew_-_Web_Decision_-_1163789_-_1_July_2014.pdf-and that this behaviour is not such that it could have been committed inadvertently. There ./Eades__Andrew_-_Web_Decision_-_1163789_-_1_July_2014.pdf-was no evidence to suggest that the teacher was acting under duress, and in fact the ./Eades__Andrew_-_Web_Decision_-_1163789_-_1_July_2014.pdf:Panel found the teacher’s actions to be sexually motivated. The Panel were concerned ./Eades__Andrew_-_Web_Decision_-_1163789_-_1_July_2014.pdf-that Mr Eades’ actions may have escalated had his behaviour not been discovered. ./Eades__Andrew_-_Web_Decision_-_1163789_-_1_July_2014.pdf- ./Eades__Andrew_-_Web_Decision_-_1163789_-_1_July_2014.pdf-The Panel is of the view that Prohibition is both proportionate and appropriate. We have ./Eades__Andrew_-_Web_Decision_-_1163789_-_1_July_2014.pdf-decided that the public interest considerations outweigh the interests of Mr Eades. The ./Eades__Andrew_-_Web_Decision_-_1163789_-_1_July_2014.pdf- ./Eades__Andrew_-_Web_Decision_-_1163789_-_1_July_2014.pdf- ./Eades__Andrew_-_Web_Decision_-_1163789_-_1_July_2014.pdf- 10 ./Eades__Andrew_-_Web_Decision_-_1163789_-_1_July_2014.pdf- -- ./Eades__Andrew_-_Web_Decision_-_1163789_-_1_July_2014.pdf-Secretary of State that a Prohibition Order should be imposed with immediate effect. ./Eades__Andrew_-_Web_Decision_-_1163789_-_1_July_2014.pdf- ./Eades__Andrew_-_Web_Decision_-_1163789_-_1_July_2014.pdf-The Panel went on to consider whether or not it would appropriate for them to decide to ./Eades__Andrew_-_Web_Decision_-_1163789_-_1_July_2014.pdf-recommend there be a review period of the order. The Panel were mindful that the ./Eades__Andrew_-_Web_Decision_-_1163789_-_1_July_2014.pdf-Guidance advises that a Prohibition Order applies for life, but there may be ./Eades__Andrew_-_Web_Decision_-_1163789_-_1_July_2014.pdf-circumstances in any given case that may make it appropriate to allow a teacher to apply ./Eades__Andrew_-_Web_Decision_-_1163789_-_1_July_2014.pdf-to have the prohibition order reviewed after a specified period of time that may not be ./Eades__Andrew_-_Web_Decision_-_1163789_-_1_July_2014.pdf-less than two years. ./Eades__Andrew_-_Web_Decision_-_1163789_-_1_July_2014.pdf- ./Eades__Andrew_-_Web_Decision_-_1163789_-_1_July_2014.pdf-The Guidance indicates that there are behaviours that, if proven, would militate against a ./Eades__Andrew_-_Web_Decision_-_1163789_-_1_July_2014.pdf:review period being recommended. One of these behaviours include serious sexual ./Eades__Andrew_-_Web_Decision_-_1163789_-_1_July_2014.pdf:misconduct, eg where the act was sexually motivated and resulted in or had the potential ./Eades__Andrew_-_Web_Decision_-_1163789_-_1_July_2014.pdf-to result in, harm to a person or persons, particularly where the individual has used their ./Eades__Andrew_-_Web_Decision_-_1163789_-_1_July_2014.pdf-professional position to influence or exploit a person or persons. The Panel has found ./Eades__Andrew_-_Web_Decision_-_1163789_-_1_July_2014.pdf:that Mr Eades has been responsible for sexually motivated misconduct which could have ./Eades__Andrew_-_Web_Decision_-_1163789_-_1_July_2014.pdf-caused distress to those who were filmed, including colleagues. ./Eades__Andrew_-_Web_Decision_-_1163789_-_1_July_2014.pdf- ./Eades__Andrew_-_Web_Decision_-_1163789_-_1_July_2014.pdf-The Panel has noted that it has received no evidence to confirm the steps that Mr Eades ./Eades__Andrew_-_Web_Decision_-_1163789_-_1_July_2014.pdf-is taking to ensure he is rehabilitated other than he has stated that he is taking part in a ./Eades__Andrew_-_Web_Decision_-_1163789_-_1_July_2014.pdf-treatment programme. The Panel were concerned at Mr Eades’ level of insight, beyond ./Eades__Andrew_-_Web_Decision_-_1163789_-_1_July_2014.pdf-expressing remorse, given that he has said that there was no premeditation or planning ./Eades__Andrew_-_Web_Decision_-_1163789_-_1_July_2014.pdf-and that he is not a threat to anyone. ./Eades__Andrew_-_Web_Decision_-_1163789_-_1_July_2014.pdf- ./Eades__Andrew_-_Web_Decision_-_1163789_-_1_July_2014.pdf-The Panel felt the findings indicated a situation in which a review period would not be ./Eades__Andrew_-_Web_Decision_-_1163789_-_1_July_2014.pdf-appropriate and as such decided that it would be proportionate in all the circumstances -- ./Eades__Andrew_-_Web_Decision_-_1163789_-_1_July_2014.pdf:  sexual misconduct, eg involving actions that were sexually motivated or of a ./Eades__Andrew_-_Web_Decision_-_1163789_-_1_July_2014.pdf: sexual nature and/or that use or exploit the trust, knowledge or influence derived ./Eades__Andrew_-_Web_Decision_-_1163789_-_1_July_2014.pdf- from the individual’s professional position; ./Eades__Andrew_-_Web_Decision_-_1163789_-_1_July_2014.pdf-the commission of a serious criminal offence, including those that resulted in a conviction ./Eades__Andrew_-_Web_Decision_-_1163789_-_1_July_2014.pdf-or caution, paying particular attention to offences that are ‘relevant matters’ for the ./Eades__Andrew_-_Web_Decision_-_1163789_-_1_July_2014.pdf-purposes of The Police Act 1997 and criminal record disclosures. ./Eades__Andrew_-_Web_Decision_-_1163789_-_1_July_2014.pdf- ./Eades__Andrew_-_Web_Decision_-_1163789_-_1_July_2014.pdf-I therefore support the recommendation that a prohibition order is appropriate, having ./Eades__Andrew_-_Web_Decision_-_1163789_-_1_July_2014.pdf-also taken into account the balancing interest of Mr Eades with the wider public interest. ./Eades__Andrew_-_Web_Decision_-_1163789_-_1_July_2014.pdf- ./Eades__Andrew_-_Web_Decision_-_1163789_-_1_July_2014.pdf-I have also given consideration to the matter of a review period. The panel has given its ./Eades__Andrew_-_Web_Decision_-_1163789_-_1_July_2014.pdf-reasons for recommending that there should be no review period. I also agree with those ./Edwards-Jones__Mark_-_Web_Decision_-_7754322_-_28_July_2014.pdf-Findings as to conviction of a relevant offence ./Edwards-Jones__Mark_-_Web_Decision_-_7754322_-_28_July_2014.pdf-We noted that Mr Edwards-Jones admitted that he was convicted of a relevant offence ./Edwards-Jones__Mark_-_Web_Decision_-_7754322_-_28_July_2014.pdf-but we recognised that we had to make our own determination. ./Edwards-Jones__Mark_-_Web_Decision_-_7754322_-_28_July_2014.pdf- ./Edwards-Jones__Mark_-_Web_Decision_-_7754322_-_28_July_2014.pdf-We had regard to the guidance in Teacher Misconduct: the prohibition of teachers July ./Edwards-Jones__Mark_-_Web_Decision_-_7754322_-_28_July_2014.pdf-2014, which clearly states ‘any activity involving viewing…. (and) possessing…any ./Edwards-Jones__Mark_-_Web_Decision_-_7754322_-_28_July_2014.pdf-indecent photograph or image or pseudo photograph or image of a child is likely to be ./Edwards-Jones__Mark_-_Web_Decision_-_7754322_-_28_July_2014.pdf-considered to be a “relevant offence”’. We consider this conviction to be a relevant ./Edwards-Jones__Mark_-_Web_Decision_-_7754322_-_28_July_2014.pdf-offence, particularly in light of the number of images and the fact that they were held on ./Edwards-Jones__Mark_-_Web_Decision_-_7754322_-_28_July_2014.pdf-more than one computer. Furthermore, Mr Edwards-Jones has admitted that his actions ./Edwards-Jones__Mark_-_Web_Decision_-_7754322_-_28_July_2014.pdf:were sexually motivated. We had regard to the fact that the Crown Court took into ./Edwards-Jones__Mark_-_Web_Decision_-_7754322_-_28_July_2014.pdf-account that immediately prior to his arrest, Mr Edwards-Jones attempted to delete a ./Edwards-Jones__Mark_-_Web_Decision_-_7754322_-_28_July_2014.pdf-number of indecent images before they could be viewed by the police. ./Edwards-Jones__Mark_-_Web_Decision_-_7754322_-_28_July_2014.pdf- ./Edwards-Jones__Mark_-_Web_Decision_-_7754322_-_28_July_2014.pdf-Panel’s recommendation to the Secretary of State ./Edwards-Jones__Mark_-_Web_Decision_-_7754322_-_28_July_2014.pdf-In considering our recommendation, we had regard to the guidance contained in Teacher ./Edwards-Jones__Mark_-_Web_Decision_-_7754322_-_28_July_2014.pdf-Misconduct: the prohibition of teachers (July 2014). We recognised that the purpose of a ./Edwards-Jones__Mark_-_Web_Decision_-_7754322_-_28_July_2014.pdf-prohibition order is to protect pupils and maintain public confidence in the profession and ./Edwards-Jones__Mark_-_Web_Decision_-_7754322_-_28_July_2014.pdf-not to be punitive, although a prohibition order may have a punitive effect. We had regard ./Edwards-Jones__Mark_-_Web_Decision_-_7754322_-_28_July_2014.pdf-to the principle of proportionality. ./Edwards-Jones__Mark_-_Web_Decision_-_7754322_-_28_July_2014.pdf- ./Edwards-Jones__Mark_-_Web_Decision_-_7754322_-_28_July_2014.pdf-We considered the behaviour to be incompatible with being a teacher for the following ./Edwards-Jones__Mark_-_Web_Decision_-_7754322_-_28_July_2014.pdf-reasons: ./Edwards-Jones__Mark_-_Web_Decision_-_7754322_-_28_July_2014.pdf- ./Edwards-Jones__Mark_-_Web_Decision_-_7754322_-_28_July_2014.pdf- (a) This was a serious departure from the personal and professional conduct ./Edwards-Jones__Mark_-_Web_Decision_-_7754322_-_28_July_2014.pdf- elements of the Teachers’ Standards ./Edwards-Jones__Mark_-_Web_Decision_-_7754322_-_28_July_2014.pdf- ./Edwards-Jones__Mark_-_Web_Decision_-_7754322_-_28_July_2014.pdf- (b) As we have already found, this was a conviction for an offence involving ./Edwards-Jones__Mark_-_Web_Decision_-_7754322_-_28_July_2014.pdf- “viewing…. (and) possessing…any indecent photograph or image or pseudo ./Edwards-Jones__Mark_-_Web_Decision_-_7754322_-_28_July_2014.pdf- photograph or image of a child.” ./Edwards-Jones__Mark_-_Web_Decision_-_7754322_-_28_July_2014.pdf- ./Edwards-Jones__Mark_-_Web_Decision_-_7754322_-_28_July_2014.pdf: (c) The offence was sexually motivated, by Mr Edwards–Jones’ own admission ./Edwards-Jones__Mark_-_Web_Decision_-_7754322_-_28_July_2014.pdf- ./Edwards-Jones__Mark_-_Web_Decision_-_7754322_-_28_July_2014.pdf- ./Edwards-Jones__Mark_-_Web_Decision_-_7754322_-_28_July_2014.pdf- 6 ./Edwards-Jones__Mark_-_Web_Decision_-_7754322_-_28_July_2014.pdf- -- ./Edwards-Jones__Mark_-_Web_Decision_-_7754322_-_28_July_2014.pdf-amounted to conviction of a relevant offence. The panel have made their own ./Edwards-Jones__Mark_-_Web_Decision_-_7754322_-_28_July_2014.pdf-determination and agree. ./Edwards-Jones__Mark_-_Web_Decision_-_7754322_-_28_July_2014.pdf- ./Edwards-Jones__Mark_-_Web_Decision_-_7754322_-_28_July_2014.pdf-Mr Edwards-Jones behaviour is fundamentally incompatible with being a teacher. He has ./Edwards-Jones__Mark_-_Web_Decision_-_7754322_-_28_July_2014.pdf-seriously departed from the standards expected of a teacher. Mr Edwards-Jones actions ./Edwards-Jones__Mark_-_Web_Decision_-_7754322_-_28_July_2014.pdf-were deliberate and indeed he attempted to delete a number of the images before the ./Edwards-Jones__Mark_-_Web_Decision_-_7754322_-_28_July_2014.pdf:police were able to view them. He has also admitted that his actions were sexually ./Edwards-Jones__Mark_-_Web_Decision_-_7754322_-_28_July_2014.pdf-motivated. ./Edwards-Jones__Mark_-_Web_Decision_-_7754322_-_28_July_2014.pdf- ./Edwards-Jones__Mark_-_Web_Decision_-_7754322_-_28_July_2014.pdf-Given the circumstances of this case and taking account of the Secretary of State’s ./Edwards-Jones__Mark_-_Web_Decision_-_7754322_-_28_July_2014.pdf-advice ‘Teacher misconduct: the prohibition of teachers’, I agree with the panel that a ./Edwards-Jones__Mark_-_Web_Decision_-_7754322_-_28_July_2014.pdf-prohibition order is in the public interest. Mr Edwards-Jones has shown no remorse, nor ./Edwards-Jones__Mark_-_Web_Decision_-_7754322_-_28_July_2014.pdf-recognised the wider impacts of his actions on children. I agree that the order should be ./Edwards-Jones__Mark_-_Web_Decision_-_7754322_-_28_July_2014.pdf-without provision for Mr Edwards-Jones to apply to have the order set aside. ./Edwards-Jones__Mark_-_Web_Decision_-_7754322_-_28_July_2014.pdf- ./Edwards-Jones__Mark_-_Web_Decision_-_7754322_-_28_July_2014.pdf-This means that Mr Mark Edwards-Jones is prohibited from teaching indefinitely ./Edwards-Jones__Mark_-_Web_Decision_-_7754322_-_28_July_2014.pdf-and cannot teach in any school, sixth form college, relevant youth accommodation ./Egbe__Emmanuel_-_Web_Decision.pdf-working as a teacher at Challney High School for Girls (“the School”) in that: ./Egbe__Emmanuel_-_Web_Decision.pdf- ./Egbe__Emmanuel_-_Web_Decision.pdf- 1. In relation to Pupil A, he: ./Egbe__Emmanuel_-_Web_Decision.pdf- ./Egbe__Emmanuel_-_Web_Decision.pdf- a. provided her with his mobile phone number; ./Egbe__Emmanuel_-_Web_Decision.pdf- ./Egbe__Emmanuel_-_Web_Decision.pdf- b. exchanged text and/or social media messages with her; ./Egbe__Emmanuel_-_Web_Decision.pdf- ./Egbe__Emmanuel_-_Web_Decision.pdf- c. instructed her to delete the messages which he had exchanged with her; ./Egbe__Emmanuel_-_Web_Decision.pdf- ./Egbe__Emmanuel_-_Web_Decision.pdf: 2. His conduct as may be found proven at allegation 1. was sexually motivated. ./Egbe__Emmanuel_-_Web_Decision.pdf- ./Egbe__Emmanuel_-_Web_Decision.pdf- 3. His conduct as may be found proven at allegation 1.c.was dishonest in that he ./Egbe__Emmanuel_-_Web_Decision.pdf- sought to conceal his conduct toward Pupil A. ./Egbe__Emmanuel_-_Web_Decision.pdf- ./Egbe__Emmanuel_-_Web_Decision.pdf- ./Egbe__Emmanuel_-_Web_Decision.pdf-C. Preliminary applications ./Egbe__Emmanuel_-_Web_Decision.pdf-The panel heard two preliminary applications from the teacher’s representative; to admit ./Egbe__Emmanuel_-_Web_Decision.pdf-documents into evidence late, and to hold the entirety of the hearing in private. ./Egbe__Emmanuel_-_Web_Decision.pdf- ./Egbe__Emmanuel_-_Web_Decision.pdf-Mr Egbe applied to admit his witness statement as evidence as it was not served in -- ./Egbe__Emmanuel_-_Web_Decision.pdf- ./Egbe__Emmanuel_-_Web_Decision.pdf-E. Decision and reasons ./Egbe__Emmanuel_-_Web_Decision.pdf-The panel announced its decision and reasons as follows: ./Egbe__Emmanuel_-_Web_Decision.pdf- ./Egbe__Emmanuel_-_Web_Decision.pdf-The panel has carefully considered the case before us and has reached a decision. ./Egbe__Emmanuel_-_Web_Decision.pdf- ./Egbe__Emmanuel_-_Web_Decision.pdf-The panel confirms that it has read all the documents provided in the bundle in advance ./Egbe__Emmanuel_-_Web_Decision.pdf-of the hearing. ./Egbe__Emmanuel_-_Web_Decision.pdf- ./Egbe__Emmanuel_-_Web_Decision.pdf-Mr Egbe had been employed by the School since September 2014 as an English ./Egbe__Emmanuel_-_Web_Decision.pdf:teacher. He is accused by NCTL of sexually motivated conduct towards Pupil A whom he ./Egbe__Emmanuel_-_Web_Decision.pdf-had taught, and dishonesty in relation to his request that Pupil A delete evidence of such ./Egbe__Emmanuel_-_Web_Decision.pdf-conduct. Pupil A’s sister had read some of the communications from Mr Egbe on Pupil ./Egbe__Emmanuel_-_Web_Decision.pdf-A’s mobile phone and had confronted Mr Egbe about the contact by sending him a ./Egbe__Emmanuel_-_Web_Decision.pdf-message. Pupils B and C were also aware of the contact and were concerned. On 11 ./Egbe__Emmanuel_-_Web_Decision.pdf-July 2016 Pupil A’s aunt raised concerns with the school and showed the school’s ./Egbe__Emmanuel_-_Web_Decision.pdf-safeguarding officer screenshots of the messages from Mr Egbe which were discovered ./Egbe__Emmanuel_-_Web_Decision.pdf-on Pupil A’s phone. On 13 July 2016, Mr Egbe was suspended from school pending ./Egbe__Emmanuel_-_Web_Decision.pdf-investigation. Mr Egbe cooperated with the School’s disciplinary investigation. He ./Egbe__Emmanuel_-_Web_Decision.pdf-submitted medical evidence in support of his defence to his actions. Following the ./Egbe__Emmanuel_-_Web_Decision.pdf-conclusion of the disciplinary hearing and subsequent appeal concerning his -- ./Egbe__Emmanuel_-_Web_Decision.pdf-photographs were sent or received by Mr Egbe or how these photographs came to be ./Egbe__Emmanuel_-_Web_Decision.pdf-stored on Pupil A’s mobile phone. ./Egbe__Emmanuel_-_Web_Decision.pdf- ./Egbe__Emmanuel_-_Web_Decision.pdf- c. instructed her to delete the messages which you had exchanged with ./Egbe__Emmanuel_-_Web_Decision.pdf- her; ./Egbe__Emmanuel_-_Web_Decision.pdf- ./Egbe__Emmanuel_-_Web_Decision.pdf-In relation to allegation 1.c., the allegation has been admitted and the panel has seen a ./Egbe__Emmanuel_-_Web_Decision.pdf-photograph of a screenshot of the message sent by Mr Egbe to Pupil A’s phone asking ./Egbe__Emmanuel_-_Web_Decision.pdf-Pupil A to delete the messages, and it is therefore found proven. ./Egbe__Emmanuel_-_Web_Decision.pdf- ./Egbe__Emmanuel_-_Web_Decision.pdf: 2. Your conduct as may be found proven at allegation 1 was sexually ./Egbe__Emmanuel_-_Web_Decision.pdf- motivated. ./Egbe__Emmanuel_-_Web_Decision.pdf- ./Egbe__Emmanuel_-_Web_Decision.pdf-As the panel found allegations 1.a. to 1.c. proven, it went on to consider allegation 2. Mr ./Egbe__Emmanuel_-_Web_Decision.pdf-Egbe denies this allegation. The panel saw evidence in the form of screenshots of ./Egbe__Emmanuel_-_Web_Decision.pdf-messages sent by Mr Egbe to Pupil A. One in particular at 00:29 which read “[Pupil A], ./Egbe__Emmanuel_-_Web_Decision.pdf-I’m falling deeply in love with you and I hope you feel the same too”, and others, on ./Egbe__Emmanuel_-_Web_Decision.pdf-separate occasions, which read “but don’t tell him you’ll be coming to visit me on my ./Egbe__Emmanuel_-_Web_Decision.pdf-return from holiday”, with an immediate response to Pupil A’s reply saying, “That’s fine. I ./Egbe__Emmanuel_-_Web_Decision.pdf-hope you’ll be coming alone”. Pupil A confirmed that she was alone. A further message ./Egbe__Emmanuel_-_Web_Decision.pdf- -- ./Egbe__Emmanuel_-_Web_Decision.pdf-stated “[Pupil A], we have to hold off for now. I got a disturbing text from your sister. I ./Egbe__Emmanuel_-_Web_Decision.pdf-have to think about what I’m getting myself into. She has read all our messages but don’t ./Egbe__Emmanuel_-_Web_Decision.pdf-confront her or else you might force her to report you to your parents”. Pupil A responded ./Egbe__Emmanuel_-_Web_Decision.pdf-with a series of messages such as “What did the messages say”, “just tell me”, and later ./Egbe__Emmanuel_-_Web_Decision.pdf-she stated “my heart is broken know”. Mr Egbe admits sending these text messages to ./Egbe__Emmanuel_-_Web_Decision.pdf-Pupil A. Several exchanges of messages were sent and received very late at night and ./Egbe__Emmanuel_-_Web_Decision.pdf-on weekends. ./Egbe__Emmanuel_-_Web_Decision.pdf- ./Egbe__Emmanuel_-_Web_Decision.pdf:The panel heard evidence from Mr Egbe that the content of his messages was not sexual ./Egbe__Emmanuel_-_Web_Decision.pdf:in nature or sexually motivated in any way. His representative stated that there was an ./Egbe__Emmanuel_-_Web_Decision.pdf:absence of sexual remarks towards Pupil A in the messages. Mr Egbe provided three ./Egbe__Emmanuel_-_Web_Decision.pdf-separate explanations to the panel for his behaviour. The first was that his relationship ./Egbe__Emmanuel_-_Web_Decision.pdf-with Pupil A was akin to that between a father and daughter. The second was that the ./Egbe__Emmanuel_-_Web_Decision.pdf-conduct was as a result of possible health episodes and that he was not thinking or ./Egbe__Emmanuel_-_Web_Decision.pdf-acting rationally on the separate occasions in which the conduct took place. Thirdly, he ./Egbe__Emmanuel_-_Web_Decision.pdf-stated that his words were being taken out of context and that his expression of love was ./Egbe__Emmanuel_-_Web_Decision.pdf-actually for Pupil A’s commitment to her studies, and his hope that Pupil A loved him too ./Egbe__Emmanuel_-_Web_Decision.pdf:for that commitment. Whilst there was no use of overtly sexual language in the evidence ./Egbe__Emmanuel_-_Web_Decision.pdf-before the panel, it considered that the totality of the messages, as well as the tone of the ./Egbe__Emmanuel_-_Web_Decision.pdf:expressions of love made and attempts to meet Pupil A alone, were romantic and sexual ./Egbe__Emmanuel_-_Web_Decision.pdf-in nature. In addition, the panel also considered Mr Egbe’s evidence to be inconsistent ./Egbe__Emmanuel_-_Web_Decision.pdf-and contradictory, and did not find his explanations credible or plausible. ./Egbe__Emmanuel_-_Web_Decision.pdf- ./Egbe__Emmanuel_-_Web_Decision.pdf-Pupil A’s sister interpreted the messages from Mr Egbe to Pupil A to be “disgusting”, ./Egbe__Emmanuel_-_Web_Decision.pdf-when she contacted him directly by message to say, “how could you send a 15 year old ./Egbe__Emmanuel_-_Web_Decision.pdf-such disgusting messages…”. Mr Egbe accepts that he received this message from Pupil ./Egbe__Emmanuel_-_Web_Decision.pdf-A’s sister and the panel has seen a screenshot of the message. By his own admission, ./Egbe__Emmanuel_-_Web_Decision.pdf-the message caused Mr Egbe to request that Pupil A delete the messages exchanged. ./Egbe__Emmanuel_-_Web_Decision.pdf- ./Egbe__Emmanuel_-_Web_Decision.pdf-The panel reviewed all of the evidence and concluded, on a balance of probabilities, that ./Egbe__Emmanuel_-_Web_Decision.pdf:Mr Egbe’s conduct was more likely than not to have been sexually motivated. Therefore, ./Egbe__Emmanuel_-_Web_Decision.pdf-allegation 2 was found proved. ./Egbe__Emmanuel_-_Web_Decision.pdf- ./Egbe__Emmanuel_-_Web_Decision.pdf- 3. Your conduct as may be found proven at allegation 1.c. was dishonest in ./Egbe__Emmanuel_-_Web_Decision.pdf- that you sought to conceal your conduct toward Pupil A. ./Egbe__Emmanuel_-_Web_Decision.pdf- ./Egbe__Emmanuel_-_Web_Decision.pdf-In relation to allegation 3, Mr Egbe denies this allegation. The panel saw the messages ./Egbe__Emmanuel_-_Web_Decision.pdf-Mr Egbe sent to Pupil A following the message quoted above (under allegation 2) which ./Egbe__Emmanuel_-_Web_Decision.pdf-begins “[Pupil A] we have to hold off…”, namely, “just be careful” and “BE CAREFUL. ./Egbe__Emmanuel_-_Web_Decision.pdf-She’s threatening to make a report. But don’t confront her”, and finally, “[Pupil A], you ./Egbe__Emmanuel_-_Web_Decision.pdf-must delete all messages on your phone. Your cousin seems to have said something -- ./Egbe__Emmanuel_-_Web_Decision.pdf-  abuse of position or trust (particularly involving vulnerable pupils) or violation of the ./Egbe__Emmanuel_-_Web_Decision.pdf- rights of pupils; ./Egbe__Emmanuel_-_Web_Decision.pdf-  dishonesty… , and/or it has been repeated and/or covered up; and ./Egbe__Emmanuel_-_Web_Decision.pdf:  sexual misconduct, e.g. involving actions that were sexually motivated… and/or ./Egbe__Emmanuel_-_Web_Decision.pdf- that use or exploit the trust, knowledge or influence derived from the individual’s ./Egbe__Emmanuel_-_Web_Decision.pdf- professional position. ./Egbe__Emmanuel_-_Web_Decision.pdf-Even though there were behaviours that would point to the appropriateness of a ./Egbe__Emmanuel_-_Web_Decision.pdf-prohibition order, the panel went on to consider whether or not there were sufficient ./Egbe__Emmanuel_-_Web_Decision.pdf-mitigating factors to militate against the appropriateness and proportionality of the ./Egbe__Emmanuel_-_Web_Decision.pdf-imposition of a prohibition order, particularly taking into account the nature and severity of ./Egbe__Emmanuel_-_Web_Decision.pdf-the behaviour in this case. ./Egbe__Emmanuel_-_Web_Decision.pdf- ./Egbe__Emmanuel_-_Web_Decision.pdf-There was no evidence that Mr Egbe’s actions were not deliberate. There was no ./Egbe__Emmanuel_-_Web_Decision.pdf-evidence to suggest that Mr Egbe was acting under duress, and in fact, the panel found -- ./Egbe__Emmanuel_-_Web_Decision.pdf:The sexually motivated and dishonest behaviour, coupled with his limited insight were ./Egbe__Emmanuel_-_Web_Decision.pdf-significant factors in forming that opinion. Accordingly, the panel makes a ./Egbe__Emmanuel_-_Web_Decision.pdf-recommendation to the Secretary of State that a prohibition order should be imposed with ./Egbe__Emmanuel_-_Web_Decision.pdf-immediate effect. ./Egbe__Emmanuel_-_Web_Decision.pdf- ./Egbe__Emmanuel_-_Web_Decision.pdf-The panel went on to consider whether it would be appropriate to decide to recommend ./Egbe__Emmanuel_-_Web_Decision.pdf-that a review period of the order should be considered. The panel was mindful that the ./Egbe__Emmanuel_-_Web_Decision.pdf-Advice states that a prohibition order applies for life, but there may be circumstances in ./Egbe__Emmanuel_-_Web_Decision.pdf-any given case that may make it appropriate to allow a teacher to apply to have the ./Egbe__Emmanuel_-_Web_Decision.pdf-prohibition order reviewed after a specified period of time that may not be less than 2 ./Egbe__Emmanuel_-_Web_Decision.pdf-years. ./Egbe__Emmanuel_-_Web_Decision.pdf- ./Egbe__Emmanuel_-_Web_Decision.pdf-The Advice indicates that there are behaviours that, if proven, would militate against a ./Egbe__Emmanuel_-_Web_Decision.pdf-review period being recommended. These behaviours include serious dishonesty, and ./Egbe__Emmanuel_-_Web_Decision.pdf:sexually motivated conduct, which had the potential to result in harm to a person or ./Egbe__Emmanuel_-_Web_Decision.pdf-persons, particularly where the individual has used their professional position to influence ./Egbe__Emmanuel_-_Web_Decision.pdf-or exploit a person or persons. ./Egbe__Emmanuel_-_Web_Decision.pdf- ./Egbe__Emmanuel_-_Web_Decision.pdf-The panel accepted Mr Egbe’s representative’s submission that he has shown glimmers ./Egbe__Emmanuel_-_Web_Decision.pdf-of insight throughout the hearing. Mr Egbe has submitted to the panel that he will need to ./Egbe__Emmanuel_-_Web_Decision.pdf-undertake further educational training on professional boundaries, safeguarding and ./Egbe__Emmanuel_-_Web_Decision.pdf-Teaching Standards, thereby gaining further insight. ./Egbe__Emmanuel_-_Web_Decision.pdf- ./Egbe__Emmanuel_-_Web_Decision.pdf-The panel felt the findings indicated a situation in which a review period would be ./Egbe__Emmanuel_-_Web_Decision.pdf-appropriate and as such decided that it would be proportionate in all the circumstances -- ./Egbe__Emmanuel_-_Web_Decision.pdf- o having regard for the need to safeguard pupils’ well-being, in accordance with ./Egbe__Emmanuel_-_Web_Decision.pdf- statutory provisions. ./Egbe__Emmanuel_-_Web_Decision.pdf-  Teachers must have proper and professional regard for the ethos, policies and ./Egbe__Emmanuel_-_Web_Decision.pdf- practices of the school in which they teach... ./Egbe__Emmanuel_-_Web_Decision.pdf-  Teachers must have an understanding of, and always act within, the statutory ./Egbe__Emmanuel_-_Web_Decision.pdf- frameworks, which set out their professional duties and responsibilities. ./Egbe__Emmanuel_-_Web_Decision.pdf-The panel also finds that the conduct of Mr Egbe fell significantly short of the standards ./Egbe__Emmanuel_-_Web_Decision.pdf-expected of the profession. ./Egbe__Emmanuel_-_Web_Decision.pdf- ./Egbe__Emmanuel_-_Web_Decision.pdf-The findings of misconduct are particularly serious as they include a finding of both ./Egbe__Emmanuel_-_Web_Decision.pdf:dishonesty and a finding of sexual misconduct. ./Egbe__Emmanuel_-_Web_Decision.pdf- ./Egbe__Emmanuel_-_Web_Decision.pdf-I have to determine whether the imposition of a prohibition order is proportionate and in ./Egbe__Emmanuel_-_Web_Decision.pdf-the public interest. In considering that for this case I have considered the overall aim of a ./Egbe__Emmanuel_-_Web_Decision.pdf-prohibition order which is to protect pupils and to maintain public confidence in the ./Egbe__Emmanuel_-_Web_Decision.pdf-profession. I have considered the extent to which a prohibition order in this case would ./Egbe__Emmanuel_-_Web_Decision.pdf-achieve that aim taking into account the impact that it will have on the individual teacher. ./Egbe__Emmanuel_-_Web_Decision.pdf-I have also asked myself whether or not a less intrusive measure, such as the published ./Egbe__Emmanuel_-_Web_Decision.pdf-finding of unacceptable professional conduct and conduct that may bring the profession ./Egbe__Emmanuel_-_Web_Decision.pdf-into disrepute, would itself be sufficient to achieve the overall aim. I have to consider ./Egbe__Emmanuel_-_Web_Decision.pdf-whether the consequences of such a publication are themselves sufficient. I have -- ./Egbe__Emmanuel_-_Web_Decision.pdf-I have gone on to consider the extent to which a prohibition order would maintain public ./Egbe__Emmanuel_-_Web_Decision.pdf-confidence in the profession. The panel observe, “findings of misconduct are serious and ./Egbe__Emmanuel_-_Web_Decision.pdf-the conduct displayed would likely have a negative impact on the individual’s status as a ./Egbe__Emmanuel_-_Web_Decision.pdf-teacher, potentially damaging the public perception. ./Egbe__Emmanuel_-_Web_Decision.pdf- ./Egbe__Emmanuel_-_Web_Decision.pdf:I am particularly mindful of the finding of both sexual misconduct and dishonesty in this ./Egbe__Emmanuel_-_Web_Decision.pdf-case and the impact that such a finding has on the reputation of the profession. ./Egbe__Emmanuel_-_Web_Decision.pdf- ./Egbe__Emmanuel_-_Web_Decision.pdf-I have had to consider that the public has a high expectation of professional standards of ./Egbe__Emmanuel_-_Web_Decision.pdf-all teachers and that failure to impose a prohibition order might be regarded by the public ./Egbe__Emmanuel_-_Web_Decision.pdf-as a failure to uphold those high standards. In weighing these considerations I have had ./Egbe__Emmanuel_-_Web_Decision.pdf-to consider the matter from the point of view of an “ordinary intelligent and well-informed ./Egbe__Emmanuel_-_Web_Decision.pdf-citizen.” ./Egbe__Emmanuel_-_Web_Decision.pdf- ./Egbe__Emmanuel_-_Web_Decision.pdf-I have considered whether the publication of a finding of unacceptable professional ./Egbe__Emmanuel_-_Web_Decision.pdf-conduct, in the absence of a prohibition order, can itself be regarded by such a person as -- ./Egbe__Emmanuel_-_Web_Decision.pdf-decision that is not backed up by full insight does not in my view satisfy the public interest ./Egbe__Emmanuel_-_Web_Decision.pdf-requirement concerning public confidence in the profession. ./Egbe__Emmanuel_-_Web_Decision.pdf- ./Egbe__Emmanuel_-_Web_Decision.pdf-For these reasons I have concluded that a prohibition order is proportionate and in the ./Egbe__Emmanuel_-_Web_Decision.pdf-public interest in order to achieve the aims which a prohibition order is intended to ./Egbe__Emmanuel_-_Web_Decision.pdf-achieve. ./Egbe__Emmanuel_-_Web_Decision.pdf- ./Egbe__Emmanuel_-_Web_Decision.pdf-I have gone on to consider the matter of a review period. In this case the panel has ./Egbe__Emmanuel_-_Web_Decision.pdf-recommended a 5 year review period. ./Egbe__Emmanuel_-_Web_Decision.pdf- ./Egbe__Emmanuel_-_Web_Decision.pdf:I have considered the panel’s comments “sexually motivated and dishonest behaviour.” ./Egbe__Emmanuel_-_Web_Decision.pdf- ./Egbe__Emmanuel_-_Web_Decision.pdf-The panel has also said that a 5 year review period would be proportionate. ./Egbe__Emmanuel_-_Web_Decision.pdf- ./Egbe__Emmanuel_-_Web_Decision.pdf- ./Egbe__Emmanuel_-_Web_Decision.pdf- 15 ./Egbe__Emmanuel_-_Web_Decision.pdf- -- ./Egbe__Emmanuel_-_Web_Decision.pdf-I have considered whether a 5 year review period reflects the seriousness of the findings ./Egbe__Emmanuel_-_Web_Decision.pdf-and is a proportionate period to achieve the aim of maintaining public confidence in the ./Egbe__Emmanuel_-_Web_Decision.pdf-profession. In this case, there are three factors that in my view mean that a two year ./Egbe__Emmanuel_-_Web_Decision.pdf-review period is not sufficient to achieve the aim of maintaining public confidence in the ./Egbe__Emmanuel_-_Web_Decision.pdf:profession. These elements are the dishonesty, the sexual misconduct and the lack of full ./Egbe__Emmanuel_-_Web_Decision.pdf-insight. ./Egbe__Emmanuel_-_Web_Decision.pdf- ./Egbe__Emmanuel_-_Web_Decision.pdf-I consider therefore that a five year review period is required to satisfy the maintenance ./Egbe__Emmanuel_-_Web_Decision.pdf-of public confidence in the profession. ./Egbe__Emmanuel_-_Web_Decision.pdf- ./Egbe__Emmanuel_-_Web_Decision.pdf-This means that Mr Emmanuel Egbe is prohibited from teaching indefinitely and ./Egbe__Emmanuel_-_Web_Decision.pdf-cannot teach in any school, sixth form college, relevant youth accommodation or ./Egbe__Emmanuel_-_Web_Decision.pdf-children’s home in England. He may apply for the prohibition order to be set aside, but ./Egbe__Emmanuel_-_Web_Decision.pdf-not until 19 February 2023, 5 years from the date of this order at the earliest. This is not ./Egbe__Emmanuel_-_Web_Decision.pdf-an automatic right to have the prohibition order removed. If he does apply, a panel will ./Ellis_web_decision.pdf-School", "The Banya", "The Shower" and "Getting Dressed". The third option was a trailer ./Ellis_web_decision.pdf-for the movie at option 1 of the DVD. The fourth option was a photo gallery. In this ./Ellis_web_decision.pdf-section, there was a series of photographs of the four boys in the film taken outside, fully ./Ellis_web_decision.pdf-clothed. The fifth option was named previews, which provided a trailer of seven different ./Ellis_web_decision.pdf-movies. The whole of the above footage was classed by a police officer from the ./Ellis_web_decision.pdf-Metropolitan Police Paedophile Unit as Category C indecent images. The police officer ./Ellis_web_decision.pdf-concluded that the main movie contained indecent images of boys aged between 14 and ./Ellis_web_decision.pdf-16 years of age. ./Ellis_web_decision.pdf- ./Ellis_web_decision.pdf-The guidelines from the Sentencing Council describe three categories of indecent ./Ellis_web_decision.pdf:images. Category A relates to images involving penetrative sexual activity or sexual ./Ellis_web_decision.pdf-activity with an animal or involving sadism. Category B relates to images involving non- ./Ellis_web_decision.pdf:penetrative sexual activity. Category C relates to other indecent images not falling within ./Ellis_web_decision.pdf-Categories A and B. ./Ellis_web_decision.pdf- ./Ellis_web_decision.pdf-On 21 April 2015, Mr Ellis was arrested on suspicion of possessing indecent images of ./Ellis_web_decision.pdf-children. On the basis of legal advice, he read a prepared statement in interview in which ./Ellis_web_decision.pdf-he said that any images and videos that he had at his home address were to his ./Ellis_web_decision.pdf-knowledge and belief of people over the ages of 18. Mr Ellis answered "no comment" to ./Ellis_web_decision.pdf-all questions, including questions asking where he had bought the DVD and whether he ./Ellis_web_decision.pdf-had viewed it. ./Ellis_web_decision.pdf- ./Ellis_web_decision.pdf-On 10 July 2015 Mr Ellis agreed to accept a caution for the offence of possessing -- ./Ellis_web_decision.pdf-Mr Ellis has admitted the alleged facts. The panel accepted the legal advice to the effect ./Ellis_web_decision.pdf-that, unlike a conviction, a caution does not represent conclusive proof of the commission ./Ellis_web_decision.pdf-of an offence. However, a caution can only be given where an offence is admitted. ./Ellis_web_decision.pdf- ./Ellis_web_decision.pdf-The panel noted that, under section 160 of the Criminal Justice Act 1988, it is an offence ./Ellis_web_decision.pdf-for a person to have any indecent photograph or pseudo photograph of a child in his ./Ellis_web_decision.pdf-possession. Mr Ellis has admitted that he accepted a caution for the offence of ./Ellis_web_decision.pdf-possession of an indecent movie of a child under the age of 18. ./Ellis_web_decision.pdf- ./Ellis_web_decision.pdf-The panel noted that Mr Ellis stated that he purchased the DVD as a naturist and adult ./Ellis_web_decision.pdf:pornography DVD. Mr Ellis also stated that, although he viewed the main movie on one ./Ellis_web_decision.pdf-occasion, he did not view the other menu options and was not aware that the DVD was ./Ellis_web_decision.pdf-illegal. The panel also noted that section 160(2)(a) of the Criminal Justice Act 1988 ./Ellis_web_decision.pdf-provides that it is a defence for a person to prove that he had not himself seen the ./Ellis_web_decision.pdf-photograph or pseudo photograph and did not know or have cause to suspect it to be ./Ellis_web_decision.pdf-indecent. Mr Ellis agreed to accept a caution rather than seek to avail himself of this ./Ellis_web_decision.pdf-defence, despite having access to legal advice. Although Mr Ellis had stated that he did ./Ellis_web_decision.pdf-not view the other menu options, he admitted that he viewed the main movie, which was ./Ellis_web_decision.pdf-classed as Category C. On that basis, Mr Ellis would not have been able to rely upon the ./Ellis_web_decision.pdf-defence under section 160(2)(a). Accordingly, the panel is satisfied on the balance of ./Ellis_web_decision.pdf-probabilities that Mr Ellis committed the offence for which he was cautioned. -- ./Ellis_web_decision.pdf-indecent material other than the particular DVD despite seizing and forensically ./Ellis_web_decision.pdf-examining laptops, mobile phones and other DVDs. As a result, his caution was for ./Ellis_web_decision.pdf-possession of a single DVD, which was found at the lowest category of indecent images ./Ellis_web_decision.pdf-according to the Sentencing Council guidelines. The panel accepts Mr Ellis's admission ./Ellis_web_decision.pdf-that he had viewed the main movie on the DVD once (and not the other menu options). ./Ellis_web_decision.pdf-Furthermore, there is no suggestion that Mr Ellis was involved in distributing, making, ./Ellis_web_decision.pdf-taking or publishing any indecent image. ./Ellis_web_decision.pdf- ./Ellis_web_decision.pdf-In his mitigation, Mr Ellis now acknowledges that some of the participants in the movie ./Ellis_web_decision.pdf-may be under the age of 18. However, he said that he purchased the DVD in good faith ./Ellis_web_decision.pdf:as 'a naturist and adult pornography DVD'. Moreover, the panel accepts the teacher’s ./Ellis_web_decision.pdf-evidence that his actions relating to the possession of a DVD with indecent images of ./Ellis_web_decision.pdf-children were not deliberate. ./Ellis_web_decision.pdf- ./Ellis_web_decision.pdf-There was no evidence to suggest that the teacher was acting under duress. ./Ellis_web_decision.pdf- ./Ellis_web_decision.pdf-The teacher did have a previously good history. The panel noted that Mr Ellis worked at ./Ellis_web_decision.pdf-North Westminster Community School, which subsequently became the Paddington ./Ellis_web_decision.pdf-Academy, from 1981 until 2015. During this time, Mr Ellis secured several internal ./Ellis_web_decision.pdf-promotions up to senior leadership level, which the panel recognised were a reflection of ./Ellis_web_decision.pdf-his ability as a teacher and the high regard the school had for him. ./Ellwood_Web_Decision.pdf-B. Allegations ./Ellwood_Web_Decision.pdf-The panel considered the allegations set out in the Notice of Proceedings dated 29 ./Ellwood_Web_Decision.pdf-January 2018. ./Ellwood_Web_Decision.pdf- ./Ellwood_Web_Decision.pdf-It was alleged that Mr Ellwood was guilty of having been convicted of a relevant offence, ./Ellwood_Web_Decision.pdf-in that he was convicted in the Worcester Crown Court on 2 October 2015 of: ./Ellwood_Web_Decision.pdf- ./Ellwood_Web_Decision.pdf- 1. Possessing an indecent photograph or pseudo-photograph of a child on 9th July ./Ellwood_Web_Decision.pdf- 2013 contrary to s160 Criminal Justice Act 1988, for which he was issued a ./Ellwood_Web_Decision.pdf: community order, an unpaid work requirement, a sex offenders notice of 5 years, a ./Ellwood_Web_Decision.pdf: sexual harm prevention order for 5 years, forfeiture of the computer hard drive ./Ellwood_Web_Decision.pdf- tower, and ordered to pay a victim surcharge of £60. ./Ellwood_Web_Decision.pdf- ./Ellwood_Web_Decision.pdf- 2. Possessing an indecent photograph or pseudo-photograph of a child on 25th July ./Ellwood_Web_Decision.pdf- 2013 contrary to s160 Criminal Justice Act 1988, for which he was given a ./Ellwood_Web_Decision.pdf- concurrent community order. ./Ellwood_Web_Decision.pdf- ./Ellwood_Web_Decision.pdf- 3. Possessing an indecent photograph or pseudo-photograph of a child on 9th June ./Ellwood_Web_Decision.pdf- 2013 contrary to s160 Criminal Justice Act 1988, for which he was been given a ./Ellwood_Web_Decision.pdf- concurrent community order. ./Ellwood_Web_Decision.pdf- -- ./Ellwood_Web_Decision.pdf- ./Ellwood_Web_Decision.pdf-The panel has found the following particulars of the allegations against you proven, for ./Ellwood_Web_Decision.pdf-these reasons: ./Ellwood_Web_Decision.pdf- ./Ellwood_Web_Decision.pdf-You are guilty of receiving a conviction, at any time, of a relevant criminal offence ./Ellwood_Web_Decision.pdf-in that you were convicted in the Worcester Crown Court on 2 October 2015 of the ./Ellwood_Web_Decision.pdf-following offences: ./Ellwood_Web_Decision.pdf- ./Ellwood_Web_Decision.pdf- 1. Possessing an indecent photograph or pseudo-photograph of a child on 9th ./Ellwood_Web_Decision.pdf- July 2013 contrary to s160 Criminal Justice Act 1988, for which you were ./Ellwood_Web_Decision.pdf: issued a community order, an unpaid work requirement, a sex offenders ./Ellwood_Web_Decision.pdf: notice of 5 years, a sexual harm prevention order for 5 years, forfeiture of ./Ellwood_Web_Decision.pdf- the computer hard drive tower, and ordered to pay a victim surcharge of £60. ./Ellwood_Web_Decision.pdf- ./Ellwood_Web_Decision.pdf-The panel has had regard to the certificate of conviction and PNC record evidencing this ./Ellwood_Web_Decision.pdf-conviction. ./Ellwood_Web_Decision.pdf- ./Ellwood_Web_Decision.pdf-The panel also had regard to the Statement of Agreed Facts in which Mr Ellwood ./Ellwood_Web_Decision.pdf-admitted the allegation. ./Ellwood_Web_Decision.pdf- ./Ellwood_Web_Decision.pdf-The panel has therefore found this allegation proven. ./Ellwood_Web_Decision.pdf- ./Entwistle__Reece_David_-_Web_Decision_30_June_2015.pdf- (ii) in his car near Farnworth. ./Entwistle__Reece_David_-_Web_Decision_30_June_2015.pdf- ./Entwistle__Reece_David_-_Web_Decision_30_June_2015.pdf- (e) kissing Pupil A; ./Entwistle__Reece_David_-_Web_Decision_30_June_2015.pdf- ./Entwistle__Reece_David_-_Web_Decision_30_June_2015.pdf- (i) at the Trafford Centre; ./Entwistle__Reece_David_-_Web_Decision_30_June_2015.pdf- ./Entwistle__Reece_David_-_Web_Decision_30_June_2015.pdf- (ii) in his car near Farnworth; ./Entwistle__Reece_David_-_Web_Decision_30_June_2015.pdf- ./Entwistle__Reece_David_-_Web_Decision_30_June_2015.pdf- (iii) at School A on one occasion or more. ./Entwistle__Reece_David_-_Web_Decision_30_June_2015.pdf- ./Entwistle__Reece_David_-_Web_Decision_30_June_2015.pdf:2. And in doing so above his conduct was sexually motivated. ./Entwistle__Reece_David_-_Web_Decision_30_June_2015.pdf- ./Entwistle__Reece_David_-_Web_Decision_30_June_2015.pdf-The teacher indicated in a written response to the Notice of Referral that he did not admit ./Entwistle__Reece_David_-_Web_Decision_30_June_2015.pdf-the facts of the case. ./Entwistle__Reece_David_-_Web_Decision_30_June_2015.pdf- ./Entwistle__Reece_David_-_Web_Decision_30_June_2015.pdf- ./Entwistle__Reece_David_-_Web_Decision_30_June_2015.pdf-C. Preliminary applications ./Entwistle__Reece_David_-_Web_Decision_30_June_2015.pdf-Mr Entwistle did not attend the hearing. In his absence the presenting officer applied for ./Entwistle__Reece_David_-_Web_Decision_30_June_2015.pdf-the case to proceed. The panel was satisfied that the notice of proceedings had been ./Entwistle__Reece_David_-_Web_Decision_30_June_2015.pdf-served in accordance with the disciplinary rules of procedure. The panel was told that Mr ./Entwistle__Reece_David_-_Web_Decision_30_June_2015.pdf-Entwistle had not engaged at all in the preparation and lead up to the hearing other than -- ./Entwistle__Reece_David_-_Web_Decision_30_June_2015.pdf-texted each other that she should delete records of that contact straight away. Thereafter ./Entwistle__Reece_David_-_Web_Decision_30_June_2015.pdf-it is alleged that they started to text each other every day and that Mr Entwistle also ./Entwistle__Reece_David_-_Web_Decision_30_June_2015.pdf-added her on Skype. He disclosed to her details of his relationship with his wife and over ./Entwistle__Reece_David_-_Web_Decision_30_June_2015.pdf-a period of several weeks they constantly texted each other such that records showed ./Entwistle__Reece_David_-_Web_Decision_30_June_2015.pdf-several thousand texts passing between the teacher and pupil. ./Entwistle__Reece_David_-_Web_Decision_30_June_2015.pdf- ./Entwistle__Reece_David_-_Web_Decision_30_June_2015.pdf-It is alleged that on one occasion they met at the Trafford Centre by arrangement on a ./Entwistle__Reece_David_-_Web_Decision_30_June_2015.pdf-weekend. Mr Entwistle took Pupil A to his car where she says that they kissed and Mr ./Entwistle__Reece_David_-_Web_Decision_30_June_2015.pdf-Entwistle told Pupil A that he loved her and he was going to leave his wife. Pupil A says ./Entwistle__Reece_David_-_Web_Decision_30_June_2015.pdf-that they had kissed on previous occasions in school. She alleges that he told her that ./Entwistle__Reece_David_-_Web_Decision_30_June_2015.pdf:he wanted to have sex with her. On another occasion Pupil A says she met Mr Entwistle ./Entwistle__Reece_David_-_Web_Decision_30_June_2015.pdf-out of school in Farnworth where again he kissed her in his car. ./Entwistle__Reece_David_-_Web_Decision_30_June_2015.pdf- ./Entwistle__Reece_David_-_Web_Decision_30_June_2015.pdf-Pupil A further alleges that Mr Entwistle sent some pictures of himself to her. ./Entwistle__Reece_David_-_Web_Decision_30_June_2015.pdf- ./Entwistle__Reece_David_-_Web_Decision_30_June_2015.pdf-In December 2012 Mr Entwistle was suspended from school and in due course resigned ./Entwistle__Reece_David_-_Web_Decision_30_June_2015.pdf-his position. He was also interviewed during the course of a criminal investigation by the ./Entwistle__Reece_David_-_Web_Decision_30_June_2015.pdf-police where he denied any criminal conduct. He was charged with criminal offences ./Entwistle__Reece_David_-_Web_Decision_30_June_2015.pdf-covering this relationship and pleaded not guilty. When his case came for trial the Crown ./Entwistle__Reece_David_-_Web_Decision_30_June_2015.pdf-Prosecution Service offered no evidence as Pupil A was unwilling to testify. ./Entwistle__Reece_David_-_Web_Decision_30_June_2015.pdf- -- ./Entwistle__Reece_David_-_Web_Decision_30_June_2015.pdf-between Mr Entwistle and Pupil A and the sustained contact with Pupil A over this period. ./Entwistle__Reece_David_-_Web_Decision_30_June_2015.pdf-We accept there is no evidence as to the content of the text messages passing between ./Entwistle__Reece_David_-_Web_Decision_30_June_2015.pdf-them in November and December 2012. However we conclude that their volume, ./Entwistle__Reece_David_-_Web_Decision_30_June_2015.pdf-frequency and the timing of many of the texts (sent out of school time) are sufficient to ./Entwistle__Reece_David_-_Web_Decision_30_June_2015.pdf-satisfy us, to the requisite standard, that this was an inappropriate relationship between a ./Entwistle__Reece_David_-_Web_Decision_30_June_2015.pdf-member of the profession and a vulnerable pupil less than half his age. The isolated ./Entwistle__Reece_David_-_Web_Decision_30_June_2015.pdf-contacts by Skype and the sending of photographs to Pupil A are an integral part of that ./Entwistle__Reece_David_-_Web_Decision_30_June_2015.pdf-inappropriate relationship and constitute a breach of fundamental safeguarding ./Entwistle__Reece_David_-_Web_Decision_30_June_2015.pdf-principles. ./Entwistle__Reece_David_-_Web_Decision_30_June_2015.pdf- ./Entwistle__Reece_David_-_Web_Decision_30_June_2015.pdf: 2. In doing so above his conduct was sexually motivated. ./Entwistle__Reece_David_-_Web_Decision_30_June_2015.pdf- ./Entwistle__Reece_David_-_Web_Decision_30_June_2015.pdf-We are satisfied that in relation to the particulars we have found proved that the teacher’s ./Entwistle__Reece_David_-_Web_Decision_30_June_2015.pdf:conduct was sexually motivated. We have already noted the inappropriate relationship ./Entwistle__Reece_David_-_Web_Decision_30_June_2015.pdf-via text messages, contact via Skype and the sending of facial pictures to Pupil A. We ./Entwistle__Reece_David_-_Web_Decision_30_June_2015.pdf-also note that in the course of his second caution interview with the police on 18 April ./Entwistle__Reece_David_-_Web_Decision_30_June_2015.pdf-2013 Mr Entwistle acknowledges that he asked Pupil A to lie about the text messages ./Entwistle__Reece_David_-_Web_Decision_30_June_2015.pdf-and advised her to delete everything from her phone and to lie to the police (page 183). ./Entwistle__Reece_David_-_Web_Decision_30_June_2015.pdf- ./Entwistle__Reece_David_-_Web_Decision_30_June_2015.pdf-Earlier in the same interview he said that he thought she admitted that “she had a crush ./Entwistle__Reece_David_-_Web_Decision_30_June_2015.pdf-on me and I told her that I thought about her quite fondly, but I don’t have any sort of ./Entwistle__Reece_David_-_Web_Decision_30_June_2015.pdf-feelings towards her in that respect, No” (page 173). However in an exchange on Skype ./Entwistle__Reece_David_-_Web_Decision_30_June_2015.pdf-recorded at page 204 of the case papers Pupil A messages Mr Entwistle saying “I love ./Entwistle__Reece_David_-_Web_Decision_30_June_2015.pdf-you.” He responds “I love you too.” That exchange of messages occurred on 5 January ./Entwistle__Reece_David_-_Web_Decision_30_June_2015.pdf-2013 after he had been suspended and provides strong evidence of both his willingness ./Entwistle__Reece_David_-_Web_Decision_30_June_2015.pdf-to perpetuate this relationship despite the ongoing investigation and also his motivation. ./Entwistle__Reece_David_-_Web_Decision_30_June_2015.pdf-Two days later on the same printout record he is recorded as sending a further message ./Entwistle__Reece_David_-_Web_Decision_30_June_2015.pdf-– “call me when the coast is clear.” ./Entwistle__Reece_David_-_Web_Decision_30_June_2015.pdf- ./Entwistle__Reece_David_-_Web_Decision_30_June_2015.pdf-At page 178 of the same police caution interview Mr Entwistle accepts that he discussed ./Entwistle__Reece_David_-_Web_Decision_30_June_2015.pdf-with Pupil A the state of his marriage. ./Entwistle__Reece_David_-_Web_Decision_30_June_2015.pdf- ./Entwistle__Reece_David_-_Web_Decision_30_June_2015.pdf:We are satisfied on the balance of probabilities that Mr Entwistle’s conduct was sexually ./Entwistle__Reece_David_-_Web_Decision_30_June_2015.pdf-motivated. In reaching this conclusion we have relied upon the following factors – the ./Entwistle__Reece_David_-_Web_Decision_30_June_2015.pdf-disclosure of his mobile phone number; the volume and frequency of text messages; the ./Entwistle__Reece_David_-_Web_Decision_30_June_2015.pdf-Skype contact; the request to Pupil A that she should lie (to both the school and the ./Entwistle__Reece_David_-_Web_Decision_30_June_2015.pdf- ./Entwistle__Reece_David_-_Web_Decision_30_June_2015.pdf- ./Entwistle__Reece_David_-_Web_Decision_30_June_2015.pdf- 8 ./Entwistle__Reece_David_-_Web_Decision_30_June_2015.pdf- -- ./Entwistle__Reece_David_-_Web_Decision_30_June_2015.pdf-clearly establish that he knew that he was acting towards Pupil A in breach of those ./Entwistle__Reece_David_-_Web_Decision_30_June_2015.pdf-principles. ./Entwistle__Reece_David_-_Web_Decision_30_June_2015.pdf- ./Entwistle__Reece_David_-_Web_Decision_30_June_2015.pdf-He had been warned by Teacher B within the school to be careful about his relationship ./Entwistle__Reece_David_-_Web_Decision_30_June_2015.pdf-with Pupil A yet he continued his inappropriate contact with her, despite the clear advice ./Entwistle__Reece_David_-_Web_Decision_30_June_2015.pdf-he had been given both orally and in writing. Even after he had been suspended pending ./Entwistle__Reece_David_-_Web_Decision_30_June_2015.pdf-the outcome of the school and police investigation he continued to contact Pupil A and ./Entwistle__Reece_David_-_Web_Decision_30_June_2015.pdf-urged her to lie about their relationship and to delete from her phone the text messages ./Entwistle__Reece_David_-_Web_Decision_30_June_2015.pdf-that had passed between them. ./Entwistle__Reece_David_-_Web_Decision_30_June_2015.pdf- ./Entwistle__Reece_David_-_Web_Decision_30_June_2015.pdf:We have found proved the very serious particular that his conduct was sexually ./Entwistle__Reece_David_-_Web_Decision_30_June_2015.pdf-motivated and we are satisfied that this is a case of unacceptable professional conduct ./Entwistle__Reece_David_-_Web_Decision_30_June_2015.pdf-which brings the reputation of the profession into disrepute. ./Entwistle__Reece_David_-_Web_Decision_30_June_2015.pdf- ./Entwistle__Reece_David_-_Web_Decision_30_June_2015.pdf- ./Entwistle__Reece_David_-_Web_Decision_30_June_2015.pdf-Panel’s recommendation to the Secretary of State ./Entwistle__Reece_David_-_Web_Decision_30_June_2015.pdf-We have said that this is a serious case and set out above the aggravating features. We ./Entwistle__Reece_David_-_Web_Decision_30_June_2015.pdf-recognise that prohibition orders are imposed in the public interest which includes: ./Entwistle__Reece_David_-_Web_Decision_30_June_2015.pdf- ./Entwistle__Reece_David_-_Web_Decision_30_June_2015.pdf- - The protection of pupils and other members of the public ./Entwistle__Reece_David_-_Web_Decision_30_June_2015.pdf- -- ./Entwistle__Reece_David_-_Web_Decision_30_June_2015.pdf- ./Entwistle__Reece_David_-_Web_Decision_30_June_2015.pdf-Mr Entwistle has behaved in a way which in our view renders the imposition of a ./Entwistle__Reece_David_-_Web_Decision_30_June_2015.pdf-prohibition order inevitable. The conduct found proved in this case is in the panel’s view ./Entwistle__Reece_David_-_Web_Decision_30_June_2015.pdf-incompatible with his continued membership of the teaching profession. We are satisfied ./Entwistle__Reece_David_-_Web_Decision_30_June_2015.pdf-that he encouraged Pupil A to lie to the school and to the police during the course of the ./Entwistle__Reece_David_-_Web_Decision_30_June_2015.pdf-investigations. There is no evidence that he has any insight into the gravity of his ./Entwistle__Reece_David_-_Web_Decision_30_June_2015.pdf-misconduct, its damaging impact on a very vulnerable pupil half his age or the way his ./Entwistle__Reece_David_-_Web_Decision_30_June_2015.pdf-conduct would be viewed by members of the public. There is clear evidence that he ./Entwistle__Reece_David_-_Web_Decision_30_June_2015.pdf-continued to contact pupil A after he had been suspended and that he sought to involve ./Entwistle__Reece_David_-_Web_Decision_30_June_2015.pdf-her in concealing his unacceptable conduct towards her. We conclude therefore that this ./Entwistle__Reece_David_-_Web_Decision_30_June_2015.pdf:is a case of serious sexual misconduct. ./Entwistle__Reece_David_-_Web_Decision_30_June_2015.pdf- ./Entwistle__Reece_David_-_Web_Decision_30_June_2015.pdf-In addition the panel noted, with concern, in the case papers a witness statement from a ./Entwistle__Reece_David_-_Web_Decision_30_June_2015.pdf-former police officer at page 220 in relation to contact that he had with Mr Entwistle in ./Entwistle__Reece_David_-_Web_Decision_30_June_2015.pdf-2011 during the course of an investigation into another person. He says in that statement ./Entwistle__Reece_David_-_Web_Decision_30_June_2015.pdf-that he had a brief discussion with Mr Entwistle about the dangers of the latter’s ./Entwistle__Reece_David_-_Web_Decision_30_June_2015.pdf-inappropriate social media contact with pupils. This, taken together with Mr Entwistle’s ./Entwistle__Reece_David_-_Web_Decision_30_June_2015.pdf- ./Entwistle__Reece_David_-_Web_Decision_30_June_2015.pdf- 10 ./Entwistle__Reece_David_-_Web_Decision_30_June_2015.pdf- -- ./Entwistle__Reece_David_-_Web_Decision_30_June_2015.pdf-persistence in his relationship with Pupil A, leads the panel to conclude that there is ./Entwistle__Reece_David_-_Web_Decision_30_June_2015.pdf-evidence of a deep seated attitude leading to harmful behaviour. ./Entwistle__Reece_David_-_Web_Decision_30_June_2015.pdf- ./Entwistle__Reece_David_-_Web_Decision_30_June_2015.pdf-In this case the panel determines that Mr Entwistle used his professional position to ./Entwistle__Reece_David_-_Web_Decision_30_June_2015.pdf:foster a sexually motivated relationship with Pupil A. As such we recommend that there ./Entwistle__Reece_David_-_Web_Decision_30_June_2015.pdf-should be a prohibition order with no review period. ./Entwistle__Reece_David_-_Web_Decision_30_June_2015.pdf- ./Entwistle__Reece_David_-_Web_Decision_30_June_2015.pdf- ./Entwistle__Reece_David_-_Web_Decision_30_June_2015.pdf-Decision and reasons on behalf of the Secretary of State ./Entwistle__Reece_David_-_Web_Decision_30_June_2015.pdf-I have given very careful consideration to this case and in particular to the ./Entwistle__Reece_David_-_Web_Decision_30_June_2015.pdf-recommendations of the panel both in respect of sanction and review period. ./Entwistle__Reece_David_-_Web_Decision_30_June_2015.pdf- ./Entwistle__Reece_David_-_Web_Decision_30_June_2015.pdf-In this case the panel have found that the facts proven against Mr Entwistle amount to ./Entwistle__Reece_David_-_Web_Decision_30_June_2015.pdf-unacceptable professional conduct. This is a very serious case. It involves a flagrant ./Entwistle__Reece_David_-_Web_Decision_30_June_2015.pdf-disregard for the professional boundaries that must attend the teacher/pupil relationship -- ./Entwistle__Reece_David_-_Web_Decision_30_June_2015.pdf-contact Pupil A and urged her to lie about their relationship and to delete from her phone ./Entwistle__Reece_David_-_Web_Decision_30_June_2015.pdf-the text messages that had passed between them. ./Entwistle__Reece_David_-_Web_Decision_30_June_2015.pdf- ./Entwistle__Reece_David_-_Web_Decision_30_June_2015.pdf-Indeed, the conduct found proved in this case is wholly incompatible with Mr Entwistle ./Entwistle__Reece_David_-_Web_Decision_30_June_2015.pdf-continuing to be able to teach. I am satisfied that he encouraged Pupil A to lie to the ./Entwistle__Reece_David_-_Web_Decision_30_June_2015.pdf-school and to the police during the course of the investigations. There is no evidence that ./Entwistle__Reece_David_-_Web_Decision_30_June_2015.pdf-he has any insight into the gravity of his misconduct, its damaging impact on a very ./Entwistle__Reece_David_-_Web_Decision_30_June_2015.pdf-vulnerable pupil half his age or the way his conduct would be viewed by members of the ./Entwistle__Reece_David_-_Web_Decision_30_June_2015.pdf-public. There is also clear evidence that he continued to contact pupil A after he had ./Entwistle__Reece_David_-_Web_Decision_30_June_2015.pdf-been suspended and that he sought to involve her in concealing his unacceptable ./Entwistle__Reece_David_-_Web_Decision_30_June_2015.pdf:conduct towards her. This is a clear case of serious sexual misconduct. ./Entwistle__Reece_David_-_Web_Decision_30_June_2015.pdf- ./Entwistle__Reece_David_-_Web_Decision_30_June_2015.pdf-I have nonetheless considered the need to weigh the public interest and the interests of ./Entwistle__Reece_David_-_Web_Decision_30_June_2015.pdf-Mr Entwistle. I have also taken into account the need to be proportionate. I have ./Entwistle__Reece_David_-_Web_Decision_30_June_2015.pdf-concluded that I support the recommendation of the panel that Mr Entwistle should be ./Entwistle__Reece_David_-_Web_Decision_30_June_2015.pdf-prohibited from teaching. ./Entwistle__Reece_David_-_Web_Decision_30_June_2015.pdf- ./Entwistle__Reece_David_-_Web_Decision_30_June_2015.pdf-I have gone on to consider the matter of a review period. ./Entwistle__Reece_David_-_Web_Decision_30_June_2015.pdf- ./Entwistle__Reece_David_-_Web_Decision_30_June_2015.pdf-It is clear from the recommendation made by the panel that Mr Entwistle persisted in his ./Entwistle__Reece_David_-_Web_Decision_30_June_2015.pdf-relationship with Pupil A, despite advice and warnings. They conclude that that there is ./Entwistle__Reece_David_-_Web_Decision_30_June_2015.pdf-evidence of a deep seated attitude leading to harmful behaviour. Moreover, the panel has ./Entwistle__Reece_David_-_Web_Decision_30_June_2015.pdf:also determined that Mr Entwistle used his professional position to foster a sexually ./Entwistle__Reece_David_-_Web_Decision_30_June_2015.pdf-motivated relationship with Pupil A. ./Entwistle__Reece_David_-_Web_Decision_30_June_2015.pdf- ./Entwistle__Reece_David_-_Web_Decision_30_June_2015.pdf- ./Entwistle__Reece_David_-_Web_Decision_30_June_2015.pdf- 11 ./Entwistle__Reece_David_-_Web_Decision_30_June_2015.pdf- ./Fairlie__Paul_-_Web_Decision_-_23_September_2014.pdf-profession into disrepute. ./Fairlie__Paul_-_Web_Decision_-_23_September_2014.pdf- ./Fairlie__Paul_-_Web_Decision_-_23_September_2014.pdf- ./Fairlie__Paul_-_Web_Decision_-_23_September_2014.pdf- ./Fairlie__Paul_-_Web_Decision_-_23_September_2014.pdf- ./Fairlie__Paul_-_Web_Decision_-_23_September_2014.pdf-C. Preliminary applications ./Fairlie__Paul_-_Web_Decision_-_23_September_2014.pdf-The presenting officer applied to amend the allegation/particulars set out in the Notice of ./Fairlie__Paul_-_Web_Decision_-_23_September_2014.pdf-Proceedings dated 14 July 2014 by altering certain dates and deleting from the allegation ./Fairlie__Paul_-_Web_Decision_-_23_September_2014.pdf-that part of the particulars which alleged that Mr Fairlie had “behaved inappropriately and ./Fairlie__Paul_-_Web_Decision_-_23_September_2014.pdf-unprofessionally” and that some of his conduct towards female members of staff had ./Fairlie__Paul_-_Web_Decision_-_23_September_2014.pdf:been of a “sexual nature.” Mr Fairlie did not object to the amendment application. ./Fairlie__Paul_-_Web_Decision_-_23_September_2014.pdf- ./Fairlie__Paul_-_Web_Decision_-_23_September_2014.pdf-The panel was satisfied that Mr Fairlie was not thereby misled as to the nature of the ./Fairlie__Paul_-_Web_Decision_-_23_September_2014.pdf-case brought against him. The panel further considered that the issue of whether his ./Fairlie__Paul_-_Web_Decision_-_23_September_2014.pdf-alleged conduct (if proved) was inappropriate and/or unprofessional was a matter for its ./Fairlie__Paul_-_Web_Decision_-_23_September_2014.pdf-judgement when determining whether this was a case of unacceptable professional ./Fairlie__Paul_-_Web_Decision_-_23_September_2014.pdf-conduct/conduct that may bring the profession into disrepute. Accordingly the panel was ./Fairlie__Paul_-_Web_Decision_-_23_September_2014.pdf- ./Fairlie__Paul_-_Web_Decision_-_23_September_2014.pdf- ./Fairlie__Paul_-_Web_Decision_-_23_September_2014.pdf- ./Fairlie__Paul_-_Web_Decision_-_23_September_2014.pdf- 4 ./Farrant_-_Web_Decision.pdf- ./Farrant_-_Web_Decision.pdf- ./Farrant_-_Web_Decision.pdf-B. Allegations ./Farrant_-_Web_Decision.pdf-The panel considered the allegations set out in the Notice of Proceedings dated 22 May ./Farrant_-_Web_Decision.pdf-2018. ./Farrant_-_Web_Decision.pdf- ./Farrant_-_Web_Decision.pdf-It was alleged that Mr Luke Farrant was guilty of unacceptable professional conduct ./Farrant_-_Web_Decision.pdf-and/or conduct that may bring the profession into disrepute, in that whilst employed as an ./Farrant_-_Web_Decision.pdf-instructor at the Jubilee School, Hampshire, between September-December 2016, he: ./Farrant_-_Web_Decision.pdf- ./Farrant_-_Web_Decision.pdf: 1. Made sexually explicit comments to one or more members of staff, including: ./Farrant_-_Web_Decision.pdf- ./Farrant_-_Web_Decision.pdf- a. asking Individual A "are your horny", or similar via snapchat on or around 3 ./Farrant_-_Web_Decision.pdf- October 2016; ./Farrant_-_Web_Decision.pdf- ./Farrant_-_Web_Decision.pdf- ./Farrant_-_Web_Decision.pdf- ./Farrant_-_Web_Decision.pdf- 3 ./Farrant_-_Web_Decision.pdf- -- ./Farrant_-_Web_Decision.pdf- d. Grabbed the crotch of Individual A in the staff room in or around October 2016; ./Farrant_-_Web_Decision.pdf- ./Farrant_-_Web_Decision.pdf-4. On or around 20 October 2016 whilst in close proximity to Individual C, he ./Farrant_-_Web_Decision.pdf-purposively displayed a photograph of a penis on his mobile phone; ./Farrant_-_Web_Decision.pdf- ./Farrant_-_Web_Decision.pdf-5. Requested Pupil A as a friend on Facebook; ./Farrant_-_Web_Decision.pdf- ./Farrant_-_Web_Decision.pdf-6. Messaged Pupil A on Facebook stating that he had added her because "I think ./Farrant_-_Web_Decision.pdf-you're hot"; ./Farrant_-_Web_Decision.pdf- ./Farrant_-_Web_Decision.pdf:7. His conduct at 1 and/or 3 and/or 4 and/or 6 was sexually motivated. ./Farrant_-_Web_Decision.pdf- ./Farrant_-_Web_Decision.pdf- 4 ./Farrant_-_Web_Decision.pdf- -- ./Farrant_-_Web_Decision.pdf-By letter dated 7 December 2016, the school wrote to Mr Farrant informing him that the ./Farrant_-_Web_Decision.pdf-outcome of the disciplinary process was that he was dismissed on the basis of gross ./Farrant_-_Web_Decision.pdf-misconduct. ./Farrant_-_Web_Decision.pdf- ./Farrant_-_Web_Decision.pdf-Findings of fact ./Farrant_-_Web_Decision.pdf-Our findings of fact are as follows: ./Farrant_-_Web_Decision.pdf- ./Farrant_-_Web_Decision.pdf-The panel found the following particulars of the allegations against you proven, for these ./Farrant_-_Web_Decision.pdf-reasons: ./Farrant_-_Web_Decision.pdf- ./Farrant_-_Web_Decision.pdf: 1. Made sexually explicit comments to one or more members of staff, ./Farrant_-_Web_Decision.pdf- including: ./Farrant_-_Web_Decision.pdf- ./Farrant_-_Web_Decision.pdf- a. asking Individual A "are your horny", or similar via snapchat on or ./Farrant_-_Web_Decision.pdf- around 3 October 2016; ./Farrant_-_Web_Decision.pdf- ./Farrant_-_Web_Decision.pdf-Mr Farrant had denied using such words towards Individual A. Individual A had not ./Farrant_-_Web_Decision.pdf-attended to give evidence but had provided a statement to the school in the course of its ./Farrant_-_Web_Decision.pdf-investigation in which she confirmed that Mr Farrant had used such words towards her. ./Farrant_-_Web_Decision.pdf-The panel was concerned that Individual A had failed to attend despite being served with ./Farrant_-_Web_Decision.pdf-a summons requiring her to do so. The panel approached placing reliance on the written -- ./Farrant_-_Web_Decision.pdf-The panel found the facts of the particular proved. ./Farrant_-_Web_Decision.pdf- ./Farrant_-_Web_Decision.pdf- c. Kissed/attempted to kiss individual B, after she had previously pushed you ./Farrant_-_Web_Decision.pdf- off and told you to stop, and when Individual B turned away you ./Farrant_-_Web_Decision.pdf- touched/grabbed her bottom and bit her neck, on or around 6 October 2016 ./Farrant_-_Web_Decision.pdf- at approximately 21:30; ./Farrant_-_Web_Decision.pdf- ./Farrant_-_Web_Decision.pdf-The panel accepted Individual B's evidence and found the facts of this particular proved. ./Farrant_-_Web_Decision.pdf-The panel found that Mr Farrant picked up Individual B and tried to kiss her. When she ./Farrant_-_Web_Decision.pdf-turned her head away, he was still holding her up in the air. He then grabbed her bottom ./Farrant_-_Web_Decision.pdf:and bit her on the neck in what Individual B described as a sexual way. Individual B told ./Farrant_-_Web_Decision.pdf-Mr Farrant to get off and pushed him away. Following the incident, Individual B felt sick ./Farrant_-_Web_Decision.pdf-and uncomfortable. ./Farrant_-_Web_Decision.pdf- ./Farrant_-_Web_Decision.pdf-It had been suggested by Mr Farrant that Individuals A and B had colluded in the ./Farrant_-_Web_Decision.pdf-preparation of their evidence. Individual B said that she had not spoken to anyone before ./Farrant_-_Web_Decision.pdf-she provided her initial account. The panel accepted her evidence and held that the ./Farrant_-_Web_Decision.pdf-suggestion made by Mr Farrant was unfounded. Indeed, Mr Farrant accepted in the fact- ./Farrant_-_Web_Decision.pdf-finding interview and in the course of the Disciplinary hearing that he had behaved in this ./Farrant_-_Web_Decision.pdf-way save for biting Individual B's neck. ./Farrant_-_Web_Decision.pdf- -- ./Farrant_-_Web_Decision.pdf-that it must have been someone else at the school who had been responsible. He also ./Farrant_-_Web_Decision.pdf-had disposed of his phone on the following day which he accepted was suspicious. The ./Farrant_-_Web_Decision.pdf-panel noted that, as soon as his message had been received, Pupil A had replied to say ./Farrant_-_Web_Decision.pdf-that such a message was inappropriate. The panel found that he said that his account ./Farrant_-_Web_Decision.pdf-had been hacked as an excuse to distance himself from what he had written. However, ./Farrant_-_Web_Decision.pdf-the message had been sent on the Saturday and, on the following Monday, Pupil A had ./Farrant_-_Web_Decision.pdf-been to see the Headteacher and showed him the message she had received. ./Farrant_-_Web_Decision.pdf- ./Farrant_-_Web_Decision.pdf-On this basis, the panel found the facts of allegations 5 and 6 proved. ./Farrant_-_Web_Decision.pdf- ./Farrant_-_Web_Decision.pdf: 7. Your conduct at 1 and/or 3 and/or 4 and/or 6 was sexually motivated. ./Farrant_-_Web_Decision.pdf- ./Farrant_-_Web_Decision.pdf-The panel was satisfied, on the balance of probabilities, that it was appropriate to infer ./Farrant_-_Web_Decision.pdf-from the panel's findings of fact as set out above that Mr Farrant had used such language ./Farrant_-_Web_Decision.pdf-as particularised in allegation 1 and engaged in the conduct outlined at allegations 3, 4 ./Farrant_-_Web_Decision.pdf:and 6 to achieve some level of sexual gratification. ./Farrant_-_Web_Decision.pdf- ./Farrant_-_Web_Decision.pdf- ./Farrant_-_Web_Decision.pdf- ./Farrant_-_Web_Decision.pdf- 12 ./Farrant_-_Web_Decision.pdf- -- ./Farrant_-_Web_Decision.pdf-When reaching its judgement, the panel had taken account of the fact that, in his favour, ./Farrant_-_Web_Decision.pdf-Mr Farrant was understood to be a person of previously good character. Furthermore, ./Farrant_-_Web_Decision.pdf-Individual A had said in her statement, and Individual B had said in her oral evidence, ./Farrant_-_Web_Decision.pdf-that Mr Farrant's behaviour was out of character. However, having found the facts of the ./Farrant_-_Web_Decision.pdf-particulars of the allegations proved, the panel considered that the only proper inference ./Farrant_-_Web_Decision.pdf:to be drawn from such facts was that Mr Farrant's behaviour was sexually motivated. ./Farrant_-_Web_Decision.pdf-Consequently, the panel found the allegation proved. ./Farrant_-_Web_Decision.pdf- ./Farrant_-_Web_Decision.pdf-Findings as to unacceptable professional conduct and/or conduct that ./Farrant_-_Web_Decision.pdf-may bring the profession into disrepute ./Farrant_-_Web_Decision.pdf-Having found the allegations to have been proved on the basis outlined above, the panel ./Farrant_-_Web_Decision.pdf-had gone on to consider whether the facts of those proven allegations amounted to ./Farrant_-_Web_Decision.pdf-unacceptable professional conduct and/or conduct that may bring the profession into ./Farrant_-_Web_Decision.pdf-disrepute. ./Farrant_-_Web_Decision.pdf- ./Farrant_-_Web_Decision.pdf-The panel had regard to the document Teacher Misconduct: The Prohibition of Teachers, -- ./Farrant_-_Web_Decision.pdf-proportionate measure, and whether it was in the public interest to do so. Prohibition ./Farrant_-_Web_Decision.pdf-orders should not be given in order to be punitive, or to show that blame had been ./Farrant_-_Web_Decision.pdf-apportioned, although they were likely to have a punitive effect. ./Farrant_-_Web_Decision.pdf- ./Farrant_-_Web_Decision.pdf-The panel had considered the particular public interest considerations set out in the ./Farrant_-_Web_Decision.pdf-Advice and, having done so, had found each of them to be engaged in this case, namely: ./Farrant_-_Web_Decision.pdf-the protection of pupils; the maintenance of public confidence in the profession, and ./Farrant_-_Web_Decision.pdf-declaring and upholding proper standards of conduct. ./Farrant_-_Web_Decision.pdf- ./Farrant_-_Web_Decision.pdf-In light of the panel’s findings against Mr Farrant, which involved serious findings of ./Farrant_-_Web_Decision.pdf:conduct which was sexually motivated involving a number of female members of staff ./Farrant_-_Web_Decision.pdf-and a pupil, the panel considers that public confidence in the profession could be ./Farrant_-_Web_Decision.pdf-seriously weakened if conduct such as that found was not treated with the utmost ./Farrant_-_Web_Decision.pdf-seriousness when regulating the conduct of the profession. ./Farrant_-_Web_Decision.pdf- ./Farrant_-_Web_Decision.pdf-The panel also considered that a strong public interest consideration in declaring proper ./Farrant_-_Web_Decision.pdf-standards of conduct in the profession was also present as the conduct found against Mr ./Farrant_-_Web_Decision.pdf-Farrant was outside that which could reasonably be tolerated. ./Farrant_-_Web_Decision.pdf- ./Farrant_-_Web_Decision.pdf-Notwithstanding the clear public interest considerations that were present, the panel had ./Farrant_-_Web_Decision.pdf-considered carefully whether or not it would be proportionate to impose a prohibition -- ./Farrant_-_Web_Decision.pdf-the Advice, which suggested that a prohibition order may be appropriate if certain ./Farrant_-_Web_Decision.pdf-behaviours of a teacher had been proven. In the list of such behaviours, the one relevant ./Farrant_-_Web_Decision.pdf-to this case was: ./Farrant_-_Web_Decision.pdf- ./Farrant_-_Web_Decision.pdf- o serious departure from the personal and professional conduct elements of the ./Farrant_-_Web_Decision.pdf- Teachers’ Standards; ./Farrant_-_Web_Decision.pdf- ./Farrant_-_Web_Decision.pdf: o findings of conduct which was sexually motivated. ./Farrant_-_Web_Decision.pdf- ./Farrant_-_Web_Decision.pdf-Even though there were behaviours that would point to a prohibition order being ./Farrant_-_Web_Decision.pdf-appropriate, the panel went on to consider whether or not there were sufficient mitigating ./Farrant_-_Web_Decision.pdf-factors to militate against a prohibition order being an appropriate and proportionate ./Farrant_-_Web_Decision.pdf-measure to impose, particularly taking into account the nature and severity of the ./Farrant_-_Web_Decision.pdf-behaviour in this case. ./Farrant_-_Web_Decision.pdf- ./Farrant_-_Web_Decision.pdf-The panel noted that Mr Farrant was a person of previous good character. ./Farrant_-_Web_Decision.pdf- ./Farrant_-_Web_Decision.pdf-Whilst there was no obligation for him to do so, the panel considered that it was -- ./Farrant_-_Web_Decision.pdf-consequences for Mr Farrant. However, this case involves serious findings, to include a ./Farrant_-_Web_Decision.pdf:finding of conduct which was sexually motivated. ./Farrant_-_Web_Decision.pdf- ./Farrant_-_Web_Decision.pdf-Accordingly, the panel makes a recommendation to the Secretary of State that a ./Farrant_-_Web_Decision.pdf-prohibition order should be imposed with immediate effect. ./Farrant_-_Web_Decision.pdf- ./Farrant_-_Web_Decision.pdf-The panel went on to consider whether or not it would be appropriate to recommend that ./Farrant_-_Web_Decision.pdf-a review period of the order should be considered. The panel was mindful that the Advice ./Farrant_-_Web_Decision.pdf-advises that a prohibition order applies for life, but there may be circumstances in any ./Farrant_-_Web_Decision.pdf-given case that may make it appropriate to allow a teacher to apply to have the ./Farrant_-_Web_Decision.pdf-prohibition order reviewed after a specified period of time that may not be less than 2 ./Farrant_-_Web_Decision.pdf-years. ./Farrant_-_Web_Decision.pdf- ./Farrant_-_Web_Decision.pdf-The panel had considered the Advice which indicates that there are behaviours that, if ./Farrant_-_Web_Decision.pdf-proven, would militate against a review period being recommended. This includes cases ./Farrant_-_Web_Decision.pdf:of deliberate behaviour that undermines pupils and colleagues. It also includes sexual ./Farrant_-_Web_Decision.pdf:misconduct involving actions that were sexually motivated. ./Farrant_-_Web_Decision.pdf- ./Farrant_-_Web_Decision.pdf-In the face of a blanket denial by Mr Farrant in respect of all the allegations, and in the ./Farrant_-_Web_Decision.pdf-absence of any indication of genuine insight or remorse, the panel concluded that the risk ./Farrant_-_Web_Decision.pdf-of a repetition of such behaviour was unacceptably high, particularly if Mr Farrant were to ./Farrant_-_Web_Decision.pdf-find himself once again in a situation where he was under pressure in his personal life. ./Farrant_-_Web_Decision.pdf-He had provided no evidence to the panel on the strength of which the panel could be ./Farrant_-_Web_Decision.pdf-reassured that, at some stage, he would have taken measures which would result in that ./Farrant_-_Web_Decision.pdf-risk of repetition being reduced to an acceptable level. ./Farrant_-_Web_Decision.pdf- ./Farrant_-_Web_Decision.pdf-In its judgement, the panel decided the findings indicated a situation in which a review -- ./Farrant_-_Web_Decision.pdf- ./Farrant_-_Web_Decision.pdf- o Teachers must have proper and professional regard for the ethos, policies and ./Farrant_-_Web_Decision.pdf- practices of the school in which they teach; ./Farrant_-_Web_Decision.pdf- ./Farrant_-_Web_Decision.pdf- o Teachers must have an understanding of, and always act within, the statutory ./Farrant_-_Web_Decision.pdf- frameworks which set out their professional duties and responsibilities. ./Farrant_-_Web_Decision.pdf- ./Farrant_-_Web_Decision.pdf-The panel finds that the conduct of Mr Farrant fell significantly short of the standards ./Farrant_-_Web_Decision.pdf-expected of the profession. ./Farrant_-_Web_Decision.pdf- ./Farrant_-_Web_Decision.pdf:The findings of misconduct are particularly serious as they include a finding of sexual ./Farrant_-_Web_Decision.pdf-misconduct. ./Farrant_-_Web_Decision.pdf- ./Farrant_-_Web_Decision.pdf-I have to determine whether the imposition of a prohibition order is proportionate and in ./Farrant_-_Web_Decision.pdf-the public interest. In considering that for this case I have considered the overall aim of a ./Farrant_-_Web_Decision.pdf-prohibition order which is to protect pupils and to maintain public confidence in the ./Farrant_-_Web_Decision.pdf-profession. I have considered the extent to which a prohibition order in this case would ./Farrant_-_Web_Decision.pdf-achieve that aim taking into account the impact that it will have on the individual teacher. ./Farrant_-_Web_Decision.pdf-I have also asked myself whether or not a less intrusive measure, such as the published ./Farrant_-_Web_Decision.pdf-finding of unacceptable professional conduct and conduct that may bring the profession ./Farrant_-_Web_Decision.pdf-into disrepute, would itself be sufficient to achieve the overall aim. I have to consider ./Farrant_-_Web_Decision.pdf-whether the consequences of such a publication are themselves sufficient. I have ./Farrant_-_Web_Decision.pdf-considered therefore whether or not prohibiting Mr Farrant, and the impact that will have ./Farrant_-_Web_Decision.pdf-on him, is proportionate. ./Farrant_-_Web_Decision.pdf- ./Farrant_-_Web_Decision.pdf-In this case I have considered the extent to which a prohibition order would protect ./Farrant_-_Web_Decision.pdf:children. The panel has made “ serious findings of conduct which was sexually motivated ./Farrant_-_Web_Decision.pdf-involving a number of female members of staff and a pupil,”. A prohibition order would ./Farrant_-_Web_Decision.pdf-therefore prevent such a risk from being present. I have also taken into account the ./Farrant_-_Web_Decision.pdf-panel’s comments on insight and remorse which the panel sets out as follows, “ a ./Farrant_-_Web_Decision.pdf-blanket denial by Mr Farrant in respect of all the allegations, and in the absence of any ./Farrant_-_Web_Decision.pdf-indication of genuine insight or remorse, the panel concluded that the risk of a repetition ./Farrant_-_Web_Decision.pdf-of such behaviour was unacceptably high, particularly if Mr Farrant were to find himself ./Farrant_-_Web_Decision.pdf-once again in a situation where he was under pressure in his personal life.” ./Farrant_-_Web_Decision.pdf- ./Farrant_-_Web_Decision.pdf- ./Farrant_-_Web_Decision.pdf- -- ./Farrant_-_Web_Decision.pdf-In my judgement the lack of insight means that there is some risk of the repetition of this ./Farrant_-_Web_Decision.pdf-behaviour and this risks the future well being of colleagues and pupils. I have therefore ./Farrant_-_Web_Decision.pdf-given this element considerable weight in reaching my decision. ./Farrant_-_Web_Decision.pdf- ./Farrant_-_Web_Decision.pdf-I have gone on to consider the extent to which a prohibition order would maintain public ./Farrant_-_Web_Decision.pdf-confidence in the profession. The panel observe, “The findings of misconduct were ./Farrant_-_Web_Decision.pdf-serious and the conduct displayed would likely have a negative impact on the individual’s ./Farrant_-_Web_Decision.pdf-status as a teacher, potentially damaging the public perception.“ ./Farrant_-_Web_Decision.pdf- ./Farrant_-_Web_Decision.pdf:I am particularly mindful of the finding of sexual misconduct in this case and the impact ./Farrant_-_Web_Decision.pdf-that such a finding has on the reputation of the profession. ./Farrant_-_Web_Decision.pdf- ./Farrant_-_Web_Decision.pdf-I have had to consider that the public has a high expectation of professional standards of ./Farrant_-_Web_Decision.pdf-all teachers and that failure to impose a prohibition order might be regarded by the public ./Farrant_-_Web_Decision.pdf-as a failure to uphold those high standards. In weighing these considerations I have had ./Farrant_-_Web_Decision.pdf-to consider the matter from the point of view of an “ordinary intelligent and well-informed ./Farrant_-_Web_Decision.pdf-citizen.” ./Farrant_-_Web_Decision.pdf- ./Farrant_-_Web_Decision.pdf-I have considered whether the publication of a finding of unacceptable professional ./Farrant_-_Web_Decision.pdf-conduct, in the absence of a prohibition order, can itself be regarded by such a person as -- ./Farrant_-_Web_Decision.pdf-For these reasons I have concluded that a prohibition order is proportionate and in the ./Farrant_-_Web_Decision.pdf-public interest in order to achieve the aims which a prohibition order is intended to ./Farrant_-_Web_Decision.pdf-achieve. ./Farrant_-_Web_Decision.pdf- ./Farrant_-_Web_Decision.pdf-I have gone on to consider the matter of a review period. In this case the panel has ./Farrant_-_Web_Decision.pdf-recommended that there should be no provision for a review period. ./Farrant_-_Web_Decision.pdf- ./Farrant_-_Web_Decision.pdf-I have considered the panel’s comments “this case involves serious findings, to include a ./Farrant_-_Web_Decision.pdf:finding of conduct which was sexually motivated.“ ./Farrant_-_Web_Decision.pdf- ./Farrant_-_Web_Decision.pdf-I have considered whether allowing for a no review period reflects the seriousness of the ./Farrant_-_Web_Decision.pdf-findings and is a proportionate period to achieve the aim of maintaining public confidence ./Farrant_-_Web_Decision.pdf-in the profession. In this case, there are three factors that in my view mean that a two ./Farrant_-_Web_Decision.pdf-year review period is not sufficient to achieve the aim of maintaining public confidence in ./Farrant_-_Web_Decision.pdf:the profession. These elements are the sexual misconduct found, the involvement of ./Farrant_-_Web_Decision.pdf-pupils and the lack of either insight or remorse. ./Farrant_-_Web_Decision.pdf- ./Farrant_-_Web_Decision.pdf-I consider therefore that allowing for a no review period is required to satisfy the ./Farrant_-_Web_Decision.pdf-maintenance of public confidence in the profession. ./Farrant_-_Web_Decision.pdf- ./Farrant_-_Web_Decision.pdf-This means that Mr Luke Farrant is prohibited from teaching indefinitely and cannot ./Farrant_-_Web_Decision.pdf-teach in any school, sixth form college, relevant youth accommodation or children’s ./Farrant_-_Web_Decision.pdf-home in England. Furthermore, in view of the seriousness of the allegations found proved ./Farrant_-_Web_Decision.pdf-against him, I have decided that Mr Luke Farrant shall not be entitled to apply for restoration ./Farrant_-_Web_Decision.pdf-of his eligibility to teach. ./Fielding-Day__Andrew__14507_-Web_decision.pdf-2. The messages referred to as 1. above included messages which were flirtatious in ./Fielding-Day__Andrew__14507_-Web_decision.pdf- nature; ./Fielding-Day__Andrew__14507_-Web_decision.pdf- ./Fielding-Day__Andrew__14507_-Web_decision.pdf-3. On one or more occasions you acted inappropriately in that you: ./Fielding-Day__Andrew__14507_-Web_decision.pdf- ./Fielding-Day__Andrew__14507_-Web_decision.pdf- a. Were intoxicated with pupils/consumed alcohol with pupils, ./Fielding-Day__Andrew__14507_-Web_decision.pdf- ./Fielding-Day__Andrew__14507_-Web_decision.pdf- b. Met/attempted to meet pupils socially, ./Fielding-Day__Andrew__14507_-Web_decision.pdf- ./Fielding-Day__Andrew__14507_-Web_decision.pdf: c. Discussed your sex life with pupils, ./Fielding-Day__Andrew__14507_-Web_decision.pdf- ./Fielding-Day__Andrew__14507_-Web_decision.pdf: d. Asked students about their sex lives, ./Fielding-Day__Andrew__14507_-Web_decision.pdf- ./Fielding-Day__Andrew__14507_-Web_decision.pdf- e. Communicated socially with Pupil B and/or Pupil E and/or other pupils using ./Fielding-Day__Andrew__14507_-Web_decision.pdf- social media and/or email and/or mobile phone, ./Fielding-Day__Andrew__14507_-Web_decision.pdf- ./Fielding-Day__Andrew__14507_-Web_decision.pdf- f. In respect of Pupil E, these communications referred to at 3.e. above ./Fielding-Day__Andrew__14507_-Web_decision.pdf- included messages of a flirtatious nature; ./Fielding-Day__Andrew__14507_-Web_decision.pdf- ./Fielding-Day__Andrew__14507_-Web_decision.pdf-4. In or around April 2012, you attended a rehearsal or meeting at the College and ./Fielding-Day__Andrew__14507_-Web_decision.pdf- behaved in an inappropriate manner in that you: ./Fielding-Day__Andrew__14507_-Web_decision.pdf- -- ./Fielding-Day__Andrew__14507_-Web_decision.pdf-5. You failed to maintain professional boundaries in that you: ./Fielding-Day__Andrew__14507_-Web_decision.pdf- ./Fielding-Day__Andrew__14507_-Web_decision.pdf- a. Developed an inappropriate/flirtatious relationship with Pupil E whilst she ./Fielding-Day__Andrew__14507_-Web_decision.pdf- was at the College, ./Fielding-Day__Andrew__14507_-Web_decision.pdf- ./Fielding-Day__Andrew__14507_-Web_decision.pdf: b. Formed a sexual relationship with Pupil E, ./Fielding-Day__Andrew__14507_-Web_decision.pdf- ./Fielding-Day__Andrew__14507_-Web_decision.pdf- c. Went on holiday to Turkey with Pupil E, ./Fielding-Day__Andrew__14507_-Web_decision.pdf- ./Fielding-Day__Andrew__14507_-Web_decision.pdf:6. Your conduct at paragraphs 1 and/or 2 and/or 3 and/or 4 and/or 5 was sexually ./Fielding-Day__Andrew__14507_-Web_decision.pdf- motivated. ./Fielding-Day__Andrew__14507_-Web_decision.pdf- ./Fielding-Day__Andrew__14507_-Web_decision.pdf-Mr Fielding-Day admitted the facts of allegations 1, 2, 3.a., 3.e. and 4.a. He also admitted ./Fielding-Day__Andrew__14507_-Web_decision.pdf-that, on the basis of those admitted facts, he was guilty of unacceptable professional ./Fielding-Day__Andrew__14507_-Web_decision.pdf-conduct and conduct likely to bring the profession into disrepute. ./Fielding-Day__Andrew__14507_-Web_decision.pdf- ./Fielding-Day__Andrew__14507_-Web_decision.pdf-The remaining allegations and particulars were denied. ./Fielding-Day__Andrew__14507_-Web_decision.pdf- ./Fielding-Day__Andrew__14507_-Web_decision.pdf- ./Fielding-Day__Andrew__14507_-Web_decision.pdf-C. Preliminary applications -- ./Fielding-Day__Andrew__14507_-Web_decision.pdf-AFD "I look forward to swelling up (with pride)" ./Fielding-Day__Andrew__14507_-Web_decision.pdf- ./Fielding-Day__Andrew__14507_-Web_decision.pdf-Pupil E "… don't pig on the chocolate too much. Moment on the lips, foreveeeer on ./Fielding-Day__Andrew__14507_-Web_decision.pdf- the hips" ./Fielding-Day__Andrew__14507_-Web_decision.pdf- ./Fielding-Day__Andrew__14507_-Web_decision.pdf-AFD "Hmmm" ./Fielding-Day__Andrew__14507_-Web_decision.pdf- ./Fielding-Day__Andrew__14507_-Web_decision.pdf- "there are so many replies to that but I shall bite my tongue W" ./Fielding-Day__Andrew__14507_-Web_decision.pdf- ./Fielding-Day__Andrew__14507_-Web_decision.pdf-In a subsequent exchange on the same day, there was reference to a film called "Taken" ./Fielding-Day__Andrew__14507_-Web_decision.pdf:in which a young woman is abducted and sold into the sex trade. Pupil E sent an email to ./Fielding-Day__Andrew__14507_-Web_decision.pdf-Mr Fielding-Day saying that she was in a foreign country and that the scene from the film ./Fielding-Day__Andrew__14507_-Web_decision.pdf-when the young woman is abducted kept playing through her head. ./Fielding-Day__Andrew__14507_-Web_decision.pdf- ./Fielding-Day__Andrew__14507_-Web_decision.pdf-In response, Mr Fielding-Day stated as follows: ./Fielding-Day__Andrew__14507_-Web_decision.pdf- ./Fielding-Day__Andrew__14507_-Web_decision.pdf- 10 ./Fielding-Day__Andrew__14507_-Web_decision.pdf- -- ./Fielding-Day__Andrew__14507_-Web_decision.pdf-he had developed an inappropriate and flirtatious relationship with Pupil E while she was ./Fielding-Day__Andrew__14507_-Web_decision.pdf-at the College. ./Fielding-Day__Andrew__14507_-Web_decision.pdf- ./Fielding-Day__Andrew__14507_-Web_decision.pdf-Whilst it did not form part of the allegation, the panel also took notice of the fact that Pupil ./Fielding-Day__Andrew__14507_-Web_decision.pdf-E left the College in July 2012. In March 2013, Mr Fielding-Day entered a relationship ./Fielding-Day__Andrew__14507_-Web_decision.pdf-with Pupil E. ./Fielding-Day__Andrew__14507_-Web_decision.pdf- ./Fielding-Day__Andrew__14507_-Web_decision.pdf-For these reasons, the panel found the facts of particular 5.a. proved. ./Fielding-Day__Andrew__14507_-Web_decision.pdf- ./Fielding-Day__Andrew__14507_-Web_decision.pdf-6. Your conduct at paragraphs 1 and/or 2 and/or 3 and/or 4 and/or 5 was ./Fielding-Day__Andrew__14507_-Web_decision.pdf: sexually motivated. ./Fielding-Day__Andrew__14507_-Web_decision.pdf- ./Fielding-Day__Andrew__14507_-Web_decision.pdf-This was denied by Mr Fielding-Day. The panel had listened carefully to his evidence and ./Fielding-Day__Andrew__14507_-Web_decision.pdf-had also taken into consideration the unsigned character references he had provided. ./Fielding-Day__Andrew__14507_-Web_decision.pdf-This material was taken into consideration when assessing whether it was proper to infer ./Fielding-Day__Andrew__14507_-Web_decision.pdf:from its findings of fact that Mr Fielding-Day's conduct was sexually motivated. ./Fielding-Day__Andrew__14507_-Web_decision.pdf- ./Fielding-Day__Andrew__14507_-Web_decision.pdf-Allegations 1 and 2 ./Fielding-Day__Andrew__14507_-Web_decision.pdf- ./Fielding-Day__Andrew__14507_-Web_decision.pdf-Taking account of the panel's findings of fact in respect of allegations 1 and 2, and by ./Fielding-Day__Andrew__14507_-Web_decision.pdf-reference to Mr Fielding-Day's initiating a proposal that he would pay Pupil A to provide ./Fielding-Day__Andrew__14507_-Web_decision.pdf-him with a massage on a regular basis, the panel was satisfied that the tenor of the ./Fielding-Day__Andrew__14507_-Web_decision.pdf:exchanges was designed to enable Mr Fielding-Day to achieve some form of sexual ./Fielding-Day__Andrew__14507_-Web_decision.pdf-gratification. The panel therefore considered that, on the balance of probabilities, it was ./Fielding-Day__Andrew__14507_-Web_decision.pdf- ./Fielding-Day__Andrew__14507_-Web_decision.pdf- ./Fielding-Day__Andrew__14507_-Web_decision.pdf- 16 ./Fielding-Day__Andrew__14507_-Web_decision.pdf- -- ./Fielding-Day__Andrew__14507_-Web_decision.pdf-proper to infer from its findings of fact that, in respect of allegations 1 and 2, Mr Fielding- ./Fielding-Day__Andrew__14507_-Web_decision.pdf:Day's conduct was sexually motivated. ./Fielding-Day__Andrew__14507_-Web_decision.pdf- ./Fielding-Day__Andrew__14507_-Web_decision.pdf-Allegations 3, 4 and 5 ./Fielding-Day__Andrew__14507_-Web_decision.pdf- ./Fielding-Day__Andrew__14507_-Web_decision.pdf-The panel referred to, and relied on, its findings of fact in respect of particulars 3.e. and ./Fielding-Day__Andrew__14507_-Web_decision.pdf-3.f. above. Certain of the communications sent by Mr Fielding-Day to Pupil E had been ./Fielding-Day__Andrew__14507_-Web_decision.pdf-found to be flirtatious. Those emails had been sent on 8 April 2012. ./Fielding-Day__Andrew__14507_-Web_decision.pdf- ./Fielding-Day__Andrew__14507_-Web_decision.pdf-Only a day later, i.e. on 9 April 2012, Pupil E, having returned to this country, attended ./Fielding-Day__Andrew__14507_-Web_decision.pdf-the rehearsal with Mr Fielding-Day and Pupils B and D. Mr Fielding-Day then engaged in ./Fielding-Day__Andrew__14507_-Web_decision.pdf-inappropriate conduct such as physical play fighting with Pupil E and pinning her to the ./Fielding-Day__Andrew__14507_-Web_decision.pdf-ground. ./Fielding-Day__Andrew__14507_-Web_decision.pdf- ./Fielding-Day__Andrew__14507_-Web_decision.pdf-The panel then relied on its findings of fact in respect of particular 5.a. relating to Mr ./Fielding-Day__Andrew__14507_-Web_decision.pdf-Fielding-Day's failure to maintain proper professional boundaries in that he developed an ./Fielding-Day__Andrew__14507_-Web_decision.pdf-inappropriate and flirtatious relationship with Pupil E while she was at the College. ./Fielding-Day__Andrew__14507_-Web_decision.pdf- ./Fielding-Day__Andrew__14507_-Web_decision.pdf-The panel was satisfied on the balance of probabilities that, taking those allegations both ./Fielding-Day__Andrew__14507_-Web_decision.pdf:individually and together, Mr Fielding-Day sought a level of sexual gratification through ./Fielding-Day__Andrew__14507_-Web_decision.pdf:his behaviour towards Pupil E and his conduct was sexually motivated. ./Fielding-Day__Andrew__14507_-Web_decision.pdf- ./Fielding-Day__Andrew__14507_-Web_decision.pdf:As for Pupil B, again the use of graphic sexual language purporting to be in the course of ./Fielding-Day__Andrew__14507_-Web_decision.pdf-a rehearsal for an audition was, in the panel's judgement, designed to promote a level of ./Fielding-Day__Andrew__14507_-Web_decision.pdf:sexual gratification, and therefore in respect of allegation 4 and Pupil B, the panel found ./Fielding-Day__Andrew__14507_-Web_decision.pdf:that Mr Fielding-Day's conduct was sexually motivated. ./Fielding-Day__Andrew__14507_-Web_decision.pdf- ./Fielding-Day__Andrew__14507_-Web_decision.pdf-In the circumstances, in respect of allegations 3, 4 and 5, the panel found Mr Fielding- ./Fielding-Day__Andrew__14507_-Web_decision.pdf:Day's conduct to be sexually motivated. ./Fielding-Day__Andrew__14507_-Web_decision.pdf- ./Fielding-Day__Andrew__14507_-Web_decision.pdf-On these bases, the panel found allegation 6 proved. ./Fielding-Day__Andrew__14507_-Web_decision.pdf- ./Fielding-Day__Andrew__14507_-Web_decision.pdf-The panel has found the following particulars of the allegations against you not proven, ./Fielding-Day__Andrew__14507_-Web_decision.pdf-for these reasons: ./Fielding-Day__Andrew__14507_-Web_decision.pdf- ./Fielding-Day__Andrew__14507_-Web_decision.pdf-3. On one or more occasions you acted inappropriately in that you: ./Fielding-Day__Andrew__14507_-Web_decision.pdf- ./Fielding-Day__Andrew__14507_-Web_decision.pdf: c. Discussed your sex life with pupils, ./Fielding-Day__Andrew__14507_-Web_decision.pdf- ./Fielding-Day__Andrew__14507_-Web_decision.pdf: d. Asked students about their sex lives, ./Fielding-Day__Andrew__14507_-Web_decision.pdf- ./Fielding-Day__Andrew__14507_-Web_decision.pdf-The only evidence in support of particulars 3.c. and 3.d. came from Pupil B who stated in ./Fielding-Day__Andrew__14507_-Web_decision.pdf:general terms that Mr Fielding-Day would talk openly about his sex life and would ask ./Fielding-Day__Andrew__14507_-Web_decision.pdf:students about their sex lives. There were no specific examples of what he would say or ./Fielding-Day__Andrew__14507_-Web_decision.pdf-what he would ask, nor when such conversations took place. The panel was not satisfied ./Fielding-Day__Andrew__14507_-Web_decision.pdf-on the balance of probabilities that the NCTL had produced sufficient evidence to support ./Fielding-Day__Andrew__14507_-Web_decision.pdf-the particulars. ./Fielding-Day__Andrew__14507_-Web_decision.pdf- ./Fielding-Day__Andrew__14507_-Web_decision.pdf- 17 ./Fielding-Day__Andrew__14507_-Web_decision.pdf- -- ./Fielding-Day__Andrew__14507_-Web_decision.pdf-The panel was satisfied that Mr Fielding-Day’s behaviour was incompatible with being a ./Fielding-Day__Andrew__14507_-Web_decision.pdf-teacher and the panel relied on the following reasons: ./Fielding-Day__Andrew__14507_-Web_decision.pdf- ./Fielding-Day__Andrew__14507_-Web_decision.pdf- These were serious departures from the personal and professional conduct ./Fielding-Day__Andrew__14507_-Web_decision.pdf- elements of the Teachers’ Standards as outlined above; ./Fielding-Day__Andrew__14507_-Web_decision.pdf- The misconduct ran the risk of seriously affecting the education and well-being of ./Fielding-Day__Andrew__14507_-Web_decision.pdf- pupils. Indeed, there was evidence that pupils had suffered as a consequence of ./Fielding-Day__Andrew__14507_-Web_decision.pdf- Mr Fielding-Day's behaviour; ./Fielding-Day__Andrew__14507_-Web_decision.pdf- This behaviour amounted to an abuse of his position of trust as a teacher; ./Fielding-Day__Andrew__14507_-Web_decision.pdf: The conduct involved behaviour which was sexually motivated and Mr Fielding- ./Fielding-Day__Andrew__14507_-Web_decision.pdf- Day had exploited his position of trust and influence; ./Fielding-Day__Andrew__14507_-Web_decision.pdf- The actions of Mr Fielding-Day were deliberate and there was no suggestion that ./Fielding-Day__Andrew__14507_-Web_decision.pdf- he had been acting under duress; ./Fielding-Day__Andrew__14507_-Web_decision.pdf- Mr Fielding-Day had received safeguarding training and the panel found that, in ./Fielding-Day__Andrew__14507_-Web_decision.pdf- any event, it should have been obvious to a teacher that his behaviour was ./Fielding-Day__Andrew__14507_-Web_decision.pdf- entirely unacceptable; ./Fielding-Day__Andrew__14507_-Web_decision.pdf- Despite the incident involving Pupil A in June 2011, despite the warnings and ./Fielding-Day__Andrew__14507_-Web_decision.pdf- guidance given to him at that time, and despite the expressions of remorse, ./Fielding-Day__Andrew__14507_-Web_decision.pdf- contrition and insight given at that time, he went on, within a matter of months, to ./Fielding-Day__Andrew__14507_-Web_decision.pdf- act in, if anything, a way which was even more unacceptable in his conduct ./Fielding_D_15203_Web_decision.pdf-B. Allegations ./Fielding_D_15203_Web_decision.pdf-The panel considered the allegations set out in the Notice of Proceedings dated 5 ./Fielding_D_15203_Web_decision.pdf-December 2016. ./Fielding_D_15203_Web_decision.pdf- ./Fielding_D_15203_Web_decision.pdf-It was alleged that Mr Duncan Fielding was guilty of unacceptable professional conduct ./Fielding_D_15203_Web_decision.pdf-and/or conduct that may bring the profession into disrepute, in that he failed to maintain ./Fielding_D_15203_Web_decision.pdf-appropriate professional standards and/or appropriate professional boundaries whilst ./Fielding_D_15203_Web_decision.pdf-employed as a vice principal by Grantham Additional Needs Fellowship (the “College”) in ./Fielding_D_15203_Web_decision.pdf-2015/2016 when: ./Fielding_D_15203_Web_decision.pdf- ./Fielding_D_15203_Web_decision.pdf: 1. He sent inappropriate and/or sexualised messages via social media to the ./Fielding_D_15203_Web_decision.pdf- following junior staff members: ./Fielding_D_15203_Web_decision.pdf- a. Witness A, ./Fielding_D_15203_Web_decision.pdf- b. Witness B, ./Fielding_D_15203_Web_decision.pdf- c. Witness C, ./Fielding_D_15203_Web_decision.pdf- d. Witness D, ./Fielding_D_15203_Web_decision.pdf- e. Witness F; ./Fielding_D_15203_Web_decision.pdf- 2. He sent via social media an image of his penis to Witness D on one or more ./Fielding_D_15203_Web_decision.pdf- occasions; ./Fielding_D_15203_Web_decision.pdf- 3. He sent a voice clip via social media to Witness D of him masturbating; ./Fielding_D_15203_Web_decision.pdf- 4. He asked Witness D via social media to send him a picture of her breasts; ./Fielding_D_15203_Web_decision.pdf- 5. He sent via social media an image of his penis to Witness F; ./Fielding_D_15203_Web_decision.pdf- 6. He asked Witness F via social media to send him a picture of her breasts on one ./Fielding_D_15203_Web_decision.pdf- or more occasions; ./Fielding_D_15203_Web_decision.pdf- 7. At the school’s Christmas party he; ./Fielding_D_15203_Web_decision.pdf- a. touched the breast and/or bottom of Witness G, ./Fielding_D_15203_Web_decision.pdf- b. touched the bare chest and/or stroked the leg of Witness F; ./Fielding_D_15203_Web_decision.pdf: 8. His actions set out above were sexually motivated. ./Fielding_D_15203_Web_decision.pdf-Mr Fielding’s response to the allegations is as follows: ./Fielding_D_15203_Web_decision.pdf-  Allegation 1a – admitted; ./Fielding_D_15203_Web_decision.pdf-  Allegation 1b – admitted; ./Fielding_D_15203_Web_decision.pdf-  Allegation 1c – denied; ./Fielding_D_15203_Web_decision.pdf-  Allegation 1d – admitted; ./Fielding_D_15203_Web_decision.pdf-  Allegation 1e – denied; ./Fielding_D_15203_Web_decision.pdf-  Allegation 2 – admitted; ./Fielding_D_15203_Web_decision.pdf- ./Fielding_D_15203_Web_decision.pdf- ./Fielding_D_15203_Web_decision.pdf- 4 -- ./Fielding_D_15203_Web_decision.pdf-Both Ambergate Sports College (“Ambergate”) and Sandon School (“Sandon”) are run by ./Fielding_D_15203_Web_decision.pdf-GANF. Ambergate caters for students with moderate learning difficulties, autism and ./Fielding_D_15203_Web_decision.pdf-some behavioural problems. Sandon caters for students with profound multiple learning ./Fielding_D_15203_Web_decision.pdf-difficulties and autism. ./Fielding_D_15203_Web_decision.pdf- ./Fielding_D_15203_Web_decision.pdf-Mr Fielding commenced employment as a support worker at Ambergate Special School, ./Fielding_D_15203_Web_decision.pdf-which later became Ambergate, in 2008. He became an instructor in 2010 and achieved ./Fielding_D_15203_Web_decision.pdf-qualified teacher status in 2013. He then became vice principal of Sandon in May 2014 ./Fielding_D_15203_Web_decision.pdf-and subsequently vice principal of Ambergate in April 2015. ./Fielding_D_15203_Web_decision.pdf- ./Fielding_D_15203_Web_decision.pdf:It is alleged that during 2015 to 2016, Mr Fielding sent sexually inappropriate messages ./Fielding_D_15203_Web_decision.pdf-and pictures via social media to several junior members of staff. This was reported to the ./Fielding_D_15203_Web_decision.pdf-principal of GANF during March 2016, who undertook an internal investigation into the ./Fielding_D_15203_Web_decision.pdf-allegations. It is also alleged that during December 2015 at a staff Christmas party, he ./Fielding_D_15203_Web_decision.pdf-touched two female members of staff inappropriately. Mr Fielding was suspended from ./Fielding_D_15203_Web_decision.pdf-his employment with GANF pending the results of the investigation, and subsequently ./Fielding_D_15203_Web_decision.pdf-resigned on 11 March 2016. ./Fielding_D_15203_Web_decision.pdf- ./Fielding_D_15203_Web_decision.pdf- ./Fielding_D_15203_Web_decision.pdf- ./Fielding_D_15203_Web_decision.pdf- -- ./Fielding_D_15203_Web_decision.pdf-The panel must decide whether the facts of the case have been proved on the balance of ./Fielding_D_15203_Web_decision.pdf-probabilities. The panel has found the following particulars of the allegations against you ./Fielding_D_15203_Web_decision.pdf-proven, for these reasons: ./Fielding_D_15203_Web_decision.pdf- ./Fielding_D_15203_Web_decision.pdf-It was alleged that you are guilty of unacceptable professional conduct and/or ./Fielding_D_15203_Web_decision.pdf-conduct that may bring the profession into disrepute, in that you failed to maintain ./Fielding_D_15203_Web_decision.pdf-appropriate professional standards and/or appropriate professional boundaries ./Fielding_D_15203_Web_decision.pdf-whilst employed as a Vice Principal by Grantham Additional Needs Fellowship (the ./Fielding_D_15203_Web_decision.pdf-“College”) in 2015/2016 when: ./Fielding_D_15203_Web_decision.pdf- ./Fielding_D_15203_Web_decision.pdf: 1. You sent inappropriate and/or sexualised messages via social media to the ./Fielding_D_15203_Web_decision.pdf- following junior staff members: ./Fielding_D_15203_Web_decision.pdf- ./Fielding_D_15203_Web_decision.pdf- a. Witness A, ./Fielding_D_15203_Web_decision.pdf- ./Fielding_D_15203_Web_decision.pdf-Witness A states in her witness statement (and confirmed in her oral evidence) that Mr ./Fielding_D_15203_Web_decision.pdf-Fielding started to send her messages via Facebook Messenger in October 2015, which ./Fielding_D_15203_Web_decision.pdf:were not of an inappropriate nature at first. The messages then became sexually ./Fielding_D_15203_Web_decision.pdf-inappropriate, and Witness A described the content of those messages. ./Fielding_D_15203_Web_decision.pdf- ./Fielding_D_15203_Web_decision.pdf:The panel notes that Mr Fielding admits to sending some sexually inappropriate ./Fielding_D_15203_Web_decision.pdf:messages to Witness A, although he does not admit to sending all of the sexually ./Fielding_D_15203_Web_decision.pdf-inappropriate messages that Witness A describes. ./Fielding_D_15203_Web_decision.pdf- ./Fielding_D_15203_Web_decision.pdf-The panel therefore finds this allegation proved. ./Fielding_D_15203_Web_decision.pdf- ./Fielding_D_15203_Web_decision.pdf- b. Witness B, ./Fielding_D_15203_Web_decision.pdf- ./Fielding_D_15203_Web_decision.pdf-Witness B states in her witness statement (and confirmed in her oral evidence) that Mr ./Fielding_D_15203_Web_decision.pdf-Fielding initiated contact with her via Facebook Messenger on the night of 21 December ./Fielding_D_15203_Web_decision.pdf-2015/early hours of 22 December 2015. She said that he commented how late it was and ./Fielding_D_15203_Web_decision.pdf:that the messages were friendly at first, but that he then made sexually inappropriate ./Fielding_D_15203_Web_decision.pdf-comments. Witness B described the content of those messages. ./Fielding_D_15203_Web_decision.pdf:Mr Fielding admits to sending some sexually inappropriate messages to Witness B, ./Fielding_D_15203_Web_decision.pdf-although he does not agree the exact wording that Witness B describes. ./Fielding_D_15203_Web_decision.pdf- ./Fielding_D_15203_Web_decision.pdf-The panel therefore finds this allegation proved. ./Fielding_D_15203_Web_decision.pdf- ./Fielding_D_15203_Web_decision.pdf- ./Fielding_D_15203_Web_decision.pdf- ./Fielding_D_15203_Web_decision.pdf- ./Fielding_D_15203_Web_decision.pdf- 8 ./Fielding_D_15203_Web_decision.pdf- -- ./Fielding_D_15203_Web_decision.pdf- d. Witness D, ./Fielding_D_15203_Web_decision.pdf- ./Fielding_D_15203_Web_decision.pdf-Witness D states in her witness statement (and confirmed in her oral evidence) that Mr ./Fielding_D_15203_Web_decision.pdf-Fielding sent her numerous messages via Facebook Messenger from November 2015 to ./Fielding_D_15203_Web_decision.pdf-early 2016. Initially, the messages were casual and she felt that Mr Fielding was ./Fielding_D_15203_Web_decision.pdf:someone that she could trust. She said that a large number then became sexually ./Fielding_D_15203_Web_decision.pdf-inappropriate and provided detail regarding the content of some of these messages. ./Fielding_D_15203_Web_decision.pdf-Some messages were sent late at night, in the early hours of the morning and on ./Fielding_D_15203_Web_decision.pdf-weekends. She described one occasion on the evening of 13 November 2015 whereby, ./Fielding_D_15203_Web_decision.pdf-she received a large amount of messages from Mr Fielding whilst she was having a meal ./Fielding_D_15203_Web_decision.pdf-out with her partner, and said that she then received 30 to 40 messages from Mr Fielding ./Fielding_D_15203_Web_decision.pdf-that weekend. Witness D said that she often told Mr Fielding to stop sending the ./Fielding_D_15203_Web_decision.pdf-messages. Witness D told her partner what was happening and forwarded a number of ./Fielding_D_15203_Web_decision.pdf-the messages to him, copies of which the panel has seen in the bundle. She said that the ./Fielding_D_15203_Web_decision.pdf-messages subsequently stopped in early 2016, shortly after she was transferred from ./Fielding_D_15203_Web_decision.pdf-Ambergate (the school at which Mr Fielding was vice principal) to Sandon. ./Fielding_D_15203_Web_decision.pdf-The panel also heard oral evidence from Witness E, who confirmed that he had often ./Fielding_D_15203_Web_decision.pdf:been with Witness D when she had received the sexually inappropriate messages from ./Fielding_D_15203_Web_decision.pdf-Mr Fielding and that she had showed a number of them to him. He said that the ./Fielding_D_15203_Web_decision.pdf-messages made Witness D upset and that he sometimes received phone calls from her ./Fielding_D_15203_Web_decision.pdf-when she was crying after having received them. Witness E said that he encouraged ./Fielding_D_15203_Web_decision.pdf-Witness D to tell Mr Fielding to stop sending the messages. ./Fielding_D_15203_Web_decision.pdf:Mr Fielding admits to sending some sexually inappropriate messages to Witness D, ./Fielding_D_15203_Web_decision.pdf:although he does not admit to sending all of the sexually inappropriate messages that ./Fielding_D_15203_Web_decision.pdf-Witness D describes. ./Fielding_D_15203_Web_decision.pdf- ./Fielding_D_15203_Web_decision.pdf-The panel therefore finds this allegation proved. ./Fielding_D_15203_Web_decision.pdf- ./Fielding_D_15203_Web_decision.pdf- 2. You sent via social media an image of your penis to Witness D on one or ./Fielding_D_15203_Web_decision.pdf- more occasions; ./Fielding_D_15203_Web_decision.pdf- ./Fielding_D_15203_Web_decision.pdf-Witness D states that on one occasion when Mr Fielding was away with cadets, he sent ./Fielding_D_15203_Web_decision.pdf-her a message to ask if she wanted to see a picture of his penis, which she ignored. He ./Fielding_D_15203_Web_decision.pdf-then sent her another message, followed by a photograph of his penis. She received two -- ./Fielding_D_15203_Web_decision.pdf- 4. You asked Witness D via social media to send you a picture of her breasts; ./Fielding_D_15203_Web_decision.pdf- ./Fielding_D_15203_Web_decision.pdf-Witness D stated that in some of the messages that she received from Mr Fielding ./Fielding_D_15203_Web_decision.pdf-referred to in allegation 1.d. above, Mr Fielding asked her to send him pictures of her ./Fielding_D_15203_Web_decision.pdf-breasts on a number of occasions. She said that at one point she replied by sending him ./Fielding_D_15203_Web_decision.pdf-a photograph of her top whilst she was wearing her jumper and lanyard, in an attempt to ./Fielding_D_15203_Web_decision.pdf-stop the requests. ./Fielding_D_15203_Web_decision.pdf-Mr Fielding admits this allegation and it is therefore found proved. ./Fielding_D_15203_Web_decision.pdf: 8. Your actions set out above were sexually motivated. ./Fielding_D_15203_Web_decision.pdf- ./Fielding_D_15203_Web_decision.pdf-The panel is of the view that on the balance of probabilities, a reasonable person would ./Fielding_D_15203_Web_decision.pdf:consider the actions found proven to have been sexually motivated, with the purpose of ./Fielding_D_15203_Web_decision.pdf:obtaining sexual gratification. Furthermore, the panel considers that it is more likely than ./Fielding_D_15203_Web_decision.pdf:not that the purpose of Mr Fielding’s actions was sexual. In this regard, it is relevant that ./Fielding_D_15203_Web_decision.pdf:a number of the sexually inappropriate messages were sent at night and on weekends, ./Fielding_D_15203_Web_decision.pdf-and when Mr Fielding appeared to be alone. The panel also notes that in relation to the ./Fielding_D_15203_Web_decision.pdf:parts of the allegations that Mr Fielding admits, he admits that his actions were sexually ./Fielding_D_15203_Web_decision.pdf:motivated. The panel therefore concludes that the actions above were sexually ./Fielding_D_15203_Web_decision.pdf-motivated. ./Fielding_D_15203_Web_decision.pdf- ./Fielding_D_15203_Web_decision.pdf-The NCTL withdrew the following allegation, as during oral witness evidence, it became ./Fielding_D_15203_Web_decision.pdf-apparent that there was no evidence to support it. For the avoidance of doubt, it is ./Fielding_D_15203_Web_decision.pdf-therefore not proved. ./Fielding_D_15203_Web_decision.pdf- ./Fielding_D_15203_Web_decision.pdf: 1. You sent inappropriate and/or sexualised messages via social media to the ./Fielding_D_15203_Web_decision.pdf- following junior staff members: ./Fielding_D_15203_Web_decision.pdf- ./Fielding_D_15203_Web_decision.pdf- c. Witness C, ./Fielding_D_15203_Web_decision.pdf- ./Fielding_D_15203_Web_decision.pdf-The panel has found the following particulars of the allegations against you not proven, ./Fielding_D_15203_Web_decision.pdf-for these reasons: ./Fielding_D_15203_Web_decision.pdf- ./Fielding_D_15203_Web_decision.pdf: 1. You sent inappropriate and/or sexualised messages via social media to the ./Fielding_D_15203_Web_decision.pdf- following junior staff members: ./Fielding_D_15203_Web_decision.pdf- ./Fielding_D_15203_Web_decision.pdf- e. Witness F, ./Fielding_D_15203_Web_decision.pdf- ./Fielding_D_15203_Web_decision.pdf:Witness F stated that she received sexually inappropriate messages from Mr Fielding via ./Fielding_D_15203_Web_decision.pdf-Facebook Messenger during the period in question. However, she was unable to ./Fielding_D_15203_Web_decision.pdf-describe their content in any detail and stated that she could not remember it. ./Fielding_D_15203_Web_decision.pdf-The panel notes that Mr Fielding denies this allegation. ./Fielding_D_15203_Web_decision.pdf-Witness F explained that there are some factual errors in her witness statement and the ./Fielding_D_15203_Web_decision.pdf-panel is conscious that her witness statement remains unsigned. Witness F said that this ./Fielding_D_15203_Web_decision.pdf-is because she did not ‘get around’ to checking the content of the statement and signing ./Fielding_D_15203_Web_decision.pdf- ./Fielding_D_15203_Web_decision.pdf- ./Fielding_D_15203_Web_decision.pdf- 10 ./Fielding_D_15203_Web_decision.pdf- -- ./Fielding_D_15203_Web_decision.pdf-messages. ./Fielding_D_15203_Web_decision.pdf-As a result of the fact that Witness F was unable to provide detail regarding the content ./Fielding_D_15203_Web_decision.pdf-of the allegedly inappropriate messages that she received from Mr Fielding, and the ./Fielding_D_15203_Web_decision.pdf-inconsistencies in her evidence described above, the panel does not consider that her ./Fielding_D_15203_Web_decision.pdf-evidence is sufficiently credible to support the allegation on the balance of probabilities. ./Fielding_D_15203_Web_decision.pdf-There are also no other witnesses to support this allegation, and therefore the panel finds ./Fielding_D_15203_Web_decision.pdf-that it is not proved. ./Fielding_D_15203_Web_decision.pdf- 3. You sent a voice clip via social media to Witness D of you masturbating. ./Fielding_D_15203_Web_decision.pdf- ./Fielding_D_15203_Web_decision.pdf-Witness D states that on one occasion during the period in which she was receiving the ./Fielding_D_15203_Web_decision.pdf:sexually inappropriate messages from Mr Fielding, she woke up during the early hours of ./Fielding_D_15203_Web_decision.pdf-the morning, looked at her mobile telephone and saw that she had received a voice ./Fielding_D_15203_Web_decision.pdf-message from Mr Fielding. She said that she listened to the message for approximately ./Fielding_D_15203_Web_decision.pdf-two seconds and that it sounded like heavy breathing, which she assumed to be Mr ./Fielding_D_15203_Web_decision.pdf-Fielding masturbating. She told Witness E this at the time and then deleted the message. ./Fielding_D_15203_Web_decision.pdf-Witness E confirmed that Witness D told him about this at the time and that he refused to ./Fielding_D_15203_Web_decision.pdf-listen to it. ./Fielding_D_15203_Web_decision.pdf-The panel notes that Mr Fielding denies this allegation. ./Fielding_D_15203_Web_decision.pdf-The panel notes that Witness D states that she only listened to the sound file for ./Fielding_D_15203_Web_decision.pdf-approximately two seconds, which is a very short period of time. Under cross- ./Fielding_D_15203_Web_decision.pdf-examination, Witness D also accepted that the sound may not have been of Mr Fielding -- ./Fielding_D_15203_Web_decision.pdf-should be made, the panel has to consider whether it is an appropriate and proportionate ./Fielding_D_15203_Web_decision.pdf-measure, and whether it is in the public interest to do so. Prohibition orders should not be ./Fielding_D_15203_Web_decision.pdf-given in order to be punitive, or to show that blame has been apportioned, although they ./Fielding_D_15203_Web_decision.pdf-are likely to have punitive effect. ./Fielding_D_15203_Web_decision.pdf- ./Fielding_D_15203_Web_decision.pdf-The panel has considered the particular public interest considerations set out in the ./Fielding_D_15203_Web_decision.pdf-Advice and having done so has found a number of them to be relevant in this case, ./Fielding_D_15203_Web_decision.pdf-namely the maintenance of public confidence in the profession, declaring and upholding ./Fielding_D_15203_Web_decision.pdf-proper standards of conduct, and the interest of retaining the teacher in the profession. ./Fielding_D_15203_Web_decision.pdf- ./Fielding_D_15203_Web_decision.pdf:In light of the panel’s findings against Mr Fielding, which involved sending sexually ./Fielding_D_15203_Web_decision.pdf-inappropriate messages to junior colleagues, there is a strong public interest ./Fielding_D_15203_Web_decision.pdf-consideration in conveying the message that this is unacceptable behaviour for a ./Fielding_D_15203_Web_decision.pdf-professional such as Mr Fielding, particularly given his senior position in the school. ./Fielding_D_15203_Web_decision.pdf-However, the panel also considers that in this case, there is a strong public interest in ./Fielding_D_15203_Web_decision.pdf-retaining the teacher in the profession. This is because no doubt has been cast upon his ./Fielding_D_15203_Web_decision.pdf-abilities as an educator and in fact, all of the witnesses who gave oral evidence attested ./Fielding_D_15203_Web_decision.pdf-to his excellent skills when working with children and outstanding abilities as a teacher. It ./Fielding_D_15203_Web_decision.pdf-therefore appears that Mr Fielding has made and still is able to make a valuable ./Fielding_D_15203_Web_decision.pdf-contribution to the profession. As mentioned above, the misconduct in this case had no ./Fielding_D_15203_Web_decision.pdf-impact upon children or the propensity to do so, and therefore Mr Fielding poses no risk -- ./Fielding_D_15203_Web_decision.pdf-into account the effect that this would have upon Mr Fielding. ./Fielding_D_15203_Web_decision.pdf- ./Fielding_D_15203_Web_decision.pdf-In carrying out the balancing exercise, the panel has considered the public interest ./Fielding_D_15203_Web_decision.pdf-considerations both in favour of and against prohibition, as well as the interests of Mr ./Fielding_D_15203_Web_decision.pdf-Fielding. The panel took further account of the Advice, which suggests that a prohibition ./Fielding_D_15203_Web_decision.pdf-order may be appropriate if certain behaviours of a teacher have been proven. In the list ./Fielding_D_15203_Web_decision.pdf-of such behaviours, those that are relevant in this case are: ./Fielding_D_15203_Web_decision.pdf- ./Fielding_D_15203_Web_decision.pdf-  A serious departure from the personal and professional conduct elements of the ./Fielding_D_15203_Web_decision.pdf- Teachers’ Standards; ./Fielding_D_15203_Web_decision.pdf:  Sexual misconduct, e.g. involving actions that were sexually motivated or of a ./Fielding_D_15203_Web_decision.pdf: sexual nature and/or that use or exploit the trust, knowledge or influence derived ./Fielding_D_15203_Web_decision.pdf- from the individual’s professional position. ./Fielding_D_15203_Web_decision.pdf-Even though there were behaviours that would point to a prohibition order being ./Fielding_D_15203_Web_decision.pdf-appropriate, the panel went on to consider whether or not there were sufficient mitigating ./Fielding_D_15203_Web_decision.pdf-factors to militate against a prohibition order being an appropriate and proportionate ./Fielding_D_15203_Web_decision.pdf-measure to impose, particularly taking into account the nature and severity of the ./Fielding_D_15203_Web_decision.pdf-behaviour in this case. Mr Fielding has a previously good record (there is no history of ./Fielding_D_15203_Web_decision.pdf- ./Fielding_D_15203_Web_decision.pdf- 15 ./Fielding_D_15203_Web_decision.pdf- ./FINAL_For_publishing_Hussain_Mazhar_S_of_S_decision.pdf- ./FINAL_For_publishing_Hussain_Mazhar_S_of_S_decision.pdf-The hearing took place in public and was recorded. ./FINAL_For_publishing_Hussain_Mazhar_S_of_S_decision.pdf- ./FINAL_For_publishing_Hussain_Mazhar_S_of_S_decision.pdf- ./FINAL_For_publishing_Hussain_Mazhar_S_of_S_decision.pdf-Allegations ./FINAL_For_publishing_Hussain_Mazhar_S_of_S_decision.pdf-The panel considered the allegation set out in the Notice of Proceedings dated 18 ./FINAL_For_publishing_Hussain_Mazhar_S_of_S_decision.pdf-October 2021. ./FINAL_For_publishing_Hussain_Mazhar_S_of_S_decision.pdf- ./FINAL_For_publishing_Hussain_Mazhar_S_of_S_decision.pdf-It was alleged that Mr Hussain was convicted of a relevant offence, namely: ./FINAL_For_publishing_Hussain_Mazhar_S_of_S_decision.pdf- ./FINAL_For_publishing_Hussain_Mazhar_S_of_S_decision.pdf: 1) Four counts of sexual activity with a female child under 16, contrary to Section 9 of ./FINAL_For_publishing_Hussain_Mazhar_S_of_S_decision.pdf- the Sexual Offences Act 2003. ./FINAL_For_publishing_Hussain_Mazhar_S_of_S_decision.pdf- ./FINAL_For_publishing_Hussain_Mazhar_S_of_S_decision.pdf- ./FINAL_For_publishing_Hussain_Mazhar_S_of_S_decision.pdf- ./FINAL_For_publishing_Hussain_Mazhar_S_of_S_decision.pdf- ./FINAL_For_publishing_Hussain_Mazhar_S_of_S_decision.pdf- 3 ./FINAL_For_publishing_Hussain_Mazhar_S_of_S_decision.pdf- -- ./FINAL_For_publishing_Hussain_Mazhar_S_of_S_decision.pdf- ./FINAL_For_publishing_Hussain_Mazhar_S_of_S_decision.pdf-Decision and reasons ./FINAL_For_publishing_Hussain_Mazhar_S_of_S_decision.pdf-The panel announced its decision and reasons as follows: ./FINAL_For_publishing_Hussain_Mazhar_S_of_S_decision.pdf- ./FINAL_For_publishing_Hussain_Mazhar_S_of_S_decision.pdf-The panel carefully considered the case before it and reached a decision. ./FINAL_For_publishing_Hussain_Mazhar_S_of_S_decision.pdf- ./FINAL_For_publishing_Hussain_Mazhar_S_of_S_decision.pdf-Mr Hussain had been employed at Hamd House School since September 2017 as a ./FINAL_For_publishing_Hussain_Mazhar_S_of_S_decision.pdf-science teacher. On 19 May 2018, Mr Hussain was arrested by West Midlands Police, ./FINAL_For_publishing_Hussain_Mazhar_S_of_S_decision.pdf-following a disclosure from a [REDACTED] pupil ("Pupil A") that Mr Hussain had provided ./FINAL_For_publishing_Hussain_Mazhar_S_of_S_decision.pdf-her with a phone in order to communicate together covertly. Messages found on the ./FINAL_For_publishing_Hussain_Mazhar_S_of_S_decision.pdf:phone revealed the communications were of a sexual nature. The pupil also disclosed ./FINAL_For_publishing_Hussain_Mazhar_S_of_S_decision.pdf-that Mr Hussain had undertaken a fake 'marriage' ceremony with her over the phone. ./FINAL_For_publishing_Hussain_Mazhar_S_of_S_decision.pdf- ./FINAL_For_publishing_Hussain_Mazhar_S_of_S_decision.pdf-Following his arrest, Mr Hussain did not return to the school. Following a referral to the ./FINAL_For_publishing_Hussain_Mazhar_S_of_S_decision.pdf-TRA, an Interim Prohibition Order preventing Mr Hussain from teaching was imposed on ./FINAL_For_publishing_Hussain_Mazhar_S_of_S_decision.pdf-28 January 2019 whilst the criminal investigation continued. ./FINAL_For_publishing_Hussain_Mazhar_S_of_S_decision.pdf- ./FINAL_For_publishing_Hussain_Mazhar_S_of_S_decision.pdf-Findings of fact ./FINAL_For_publishing_Hussain_Mazhar_S_of_S_decision.pdf- ./FINAL_For_publishing_Hussain_Mazhar_S_of_S_decision.pdf-The findings of fact are as follows: ./FINAL_For_publishing_Hussain_Mazhar_S_of_S_decision.pdf- -- ./FINAL_For_publishing_Hussain_Mazhar_S_of_S_decision.pdf:You have been convicted of four counts of sexual activity with a female child under ./FINAL_For_publishing_Hussain_Mazhar_S_of_S_decision.pdf-16 contrary to Section 9 of the Sexual Offences Act 2003 ./FINAL_For_publishing_Hussain_Mazhar_S_of_S_decision.pdf- ./FINAL_For_publishing_Hussain_Mazhar_S_of_S_decision.pdf-The panel found the following particulars of the allegation against you proved, for these ./FINAL_For_publishing_Hussain_Mazhar_S_of_S_decision.pdf-reasons: ./FINAL_For_publishing_Hussain_Mazhar_S_of_S_decision.pdf- ./FINAL_For_publishing_Hussain_Mazhar_S_of_S_decision.pdf-The panel considered the certificate of conviction within the bundle. The panel noted the ./FINAL_For_publishing_Hussain_Mazhar_S_of_S_decision.pdf-certificate was signed by an Officer of the Court and was endorsed with the Court's seal. ./FINAL_For_publishing_Hussain_Mazhar_S_of_S_decision.pdf- ./FINAL_For_publishing_Hussain_Mazhar_S_of_S_decision.pdf-The certificate detailed: Mr Hussain's name, date of birth and information, that he had ./FINAL_For_publishing_Hussain_Mazhar_S_of_S_decision.pdf-been convicted by the Crown Court sitting at Birmingham on 7 January 2021 of four ./FINAL_For_publishing_Hussain_Mazhar_S_of_S_decision.pdf:offences of sexual activity with a child and sentenced to a total of three years and three ./FINAL_For_publishing_Hussain_Mazhar_S_of_S_decision.pdf-months imprisonment on 22 March 2021. ./FINAL_For_publishing_Hussain_Mazhar_S_of_S_decision.pdf- ./FINAL_For_publishing_Hussain_Mazhar_S_of_S_decision.pdf-The panel also noted that the additional material in the bundle was consistent with this ./FINAL_For_publishing_Hussain_Mazhar_S_of_S_decision.pdf-certificate. ./FINAL_For_publishing_Hussain_Mazhar_S_of_S_decision.pdf- ./FINAL_For_publishing_Hussain_Mazhar_S_of_S_decision.pdf-As a result of this, the panel was satisfied that on the balance of probabilities this ./FINAL_For_publishing_Hussain_Mazhar_S_of_S_decision.pdf-allegation was proved. ./FINAL_For_publishing_Hussain_Mazhar_S_of_S_decision.pdf- ./FINAL_For_publishing_Hussain_Mazhar_S_of_S_decision.pdf-Findings as to conviction of a relevant offence ./FINAL_For_publishing_Hussain_Mazhar_S_of_S_decision.pdf- ./FINAL_For_publishing_Hussain_Mazhar_S_of_S_decision.pdf-The panel had regard to the document Teacher Misconduct: The Prohibition of Teachers, ./FINAL_For_publishing_Hussain_Mazhar_S_of_S_decision.pdf-which is referred to as “the Advice”. ./FINAL_For_publishing_Hussain_Mazhar_S_of_S_decision.pdf- ./FINAL_For_publishing_Hussain_Mazhar_S_of_S_decision.pdf:Mr Hussain was convicted and imprisoned for a number of serious sexual offences ./FINAL_For_publishing_Hussain_Mazhar_S_of_S_decision.pdf-against a vulnerable pupil, [REDACTED], whom he had personally taught. ./FINAL_For_publishing_Hussain_Mazhar_S_of_S_decision.pdf- ./FINAL_For_publishing_Hussain_Mazhar_S_of_S_decision.pdf-The panel was satisfied that the conduct of Mr Hussain in relation to the facts behind the ./FINAL_For_publishing_Hussain_Mazhar_S_of_S_decision.pdf-conviction involved breaches of the Teachers’ Standards. The panel considered that by ./FINAL_For_publishing_Hussain_Mazhar_S_of_S_decision.pdf-reference to Part 2, Mr Hussain was in breach of the following standards: ./FINAL_For_publishing_Hussain_Mazhar_S_of_S_decision.pdf- ./FINAL_For_publishing_Hussain_Mazhar_S_of_S_decision.pdf- "Teachers uphold public trust in the profession and maintain high standards of ./FINAL_For_publishing_Hussain_Mazhar_S_of_S_decision.pdf- ethics and behaviour, within and outside school, by ./FINAL_For_publishing_Hussain_Mazhar_S_of_S_decision.pdf- ./FINAL_For_publishing_Hussain_Mazhar_S_of_S_decision.pdf- o treating pupils with dignity, building relationships rooted in mutual respect, -- ./FINAL_For_publishing_Hussain_Mazhar_S_of_S_decision.pdf-Mr Hussain's conduct has significantly departed from these standards. This was a ./FINAL_For_publishing_Hussain_Mazhar_S_of_S_decision.pdf-premeditated course of conduct that took advantage of his position of trust over Pupil A ./FINAL_For_publishing_Hussain_Mazhar_S_of_S_decision.pdf:and also demonstrated a complete disregard for her well-being for his own sexual ./FINAL_For_publishing_Hussain_Mazhar_S_of_S_decision.pdf-gratification. There was clear evidence of ongoing harm not only to Pupil A, but also to ./FINAL_For_publishing_Hussain_Mazhar_S_of_S_decision.pdf-her family. ./FINAL_For_publishing_Hussain_Mazhar_S_of_S_decision.pdf- ./FINAL_For_publishing_Hussain_Mazhar_S_of_S_decision.pdf-The panel noted that Mr Hussain's behaviour ultimately led to a sentence of ./FINAL_For_publishing_Hussain_Mazhar_S_of_S_decision.pdf-imprisonment, which was indicative of the seriousness of the offences committed. This ./FINAL_For_publishing_Hussain_Mazhar_S_of_S_decision.pdf:was a case concerning an offence involving sexual activity, which the Advice states is ./FINAL_For_publishing_Hussain_Mazhar_S_of_S_decision.pdf-likely to be considered a relevant offence. ./FINAL_For_publishing_Hussain_Mazhar_S_of_S_decision.pdf- ./FINAL_For_publishing_Hussain_Mazhar_S_of_S_decision.pdf-The panel also took account of the way the teaching profession is viewed by others. The ./FINAL_For_publishing_Hussain_Mazhar_S_of_S_decision.pdf-panel considered that Mr Hussain's behaviour in committing the offences would affect ./FINAL_For_publishing_Hussain_Mazhar_S_of_S_decision.pdf-public confidence in the teaching profession, given the influence that teachers may have ./FINAL_For_publishing_Hussain_Mazhar_S_of_S_decision.pdf-on pupils, parents and others in the community. ./FINAL_For_publishing_Hussain_Mazhar_S_of_S_decision.pdf- ./FINAL_For_publishing_Hussain_Mazhar_S_of_S_decision.pdf-The panel was satisfied that the only natural conclusion could be that this conviction was ./FINAL_For_publishing_Hussain_Mazhar_S_of_S_decision.pdf-'relevant' for the purposes of teacher misconduct proceedings. ./FINAL_For_publishing_Hussain_Mazhar_S_of_S_decision.pdf- -- ./FINAL_For_publishing_Hussain_Mazhar_S_of_S_decision.pdf-The panel had regard to the particular public interest considerations set out in the Advice ./FINAL_For_publishing_Hussain_Mazhar_S_of_S_decision.pdf-and, having done so, found a number of them to be relevant in this case, namely: ./FINAL_For_publishing_Hussain_Mazhar_S_of_S_decision.pdf- ./FINAL_For_publishing_Hussain_Mazhar_S_of_S_decision.pdf- "the protection of pupils; ./FINAL_For_publishing_Hussain_Mazhar_S_of_S_decision.pdf- ./FINAL_For_publishing_Hussain_Mazhar_S_of_S_decision.pdf- the maintenance of public confidence in the profession; and ./FINAL_For_publishing_Hussain_Mazhar_S_of_S_decision.pdf- ./FINAL_For_publishing_Hussain_Mazhar_S_of_S_decision.pdf- declaring and upholding proper standards of conduct." ./FINAL_For_publishing_Hussain_Mazhar_S_of_S_decision.pdf- ./FINAL_For_publishing_Hussain_Mazhar_S_of_S_decision.pdf-In the light of the panel’s findings against Mr Hussain, which involved the commission of ./FINAL_For_publishing_Hussain_Mazhar_S_of_S_decision.pdf:sexual offences against a pupil, there was a strong public interest consideration in ./FINAL_For_publishing_Hussain_Mazhar_S_of_S_decision.pdf-respect of the protection of pupils. ./FINAL_For_publishing_Hussain_Mazhar_S_of_S_decision.pdf- ./FINAL_For_publishing_Hussain_Mazhar_S_of_S_decision.pdf- ./FINAL_For_publishing_Hussain_Mazhar_S_of_S_decision.pdf- ./FINAL_For_publishing_Hussain_Mazhar_S_of_S_decision.pdf- ./FINAL_For_publishing_Hussain_Mazhar_S_of_S_decision.pdf- 8 ./FINAL_For_publishing_Hussain_Mazhar_S_of_S_decision.pdf- -- ./FINAL_For_publishing_Hussain_Mazhar_S_of_S_decision.pdf- ./FINAL_For_publishing_Hussain_Mazhar_S_of_S_decision.pdf- "serious departure from the personal and professional conduct elements of the ./FINAL_For_publishing_Hussain_Mazhar_S_of_S_decision.pdf- Teachers’ Standards; ./FINAL_For_publishing_Hussain_Mazhar_S_of_S_decision.pdf- ./FINAL_For_publishing_Hussain_Mazhar_S_of_S_decision.pdf- misconduct seriously affecting the education and/or well-being of pupils, and ./FINAL_For_publishing_Hussain_Mazhar_S_of_S_decision.pdf- particularly where there is a continuing risk; ./FINAL_For_publishing_Hussain_Mazhar_S_of_S_decision.pdf- ./FINAL_For_publishing_Hussain_Mazhar_S_of_S_decision.pdf- abuse of position or trust (particularly involving vulnerable pupils) or violation of the ./FINAL_For_publishing_Hussain_Mazhar_S_of_S_decision.pdf- rights of pupils; ./FINAL_For_publishing_Hussain_Mazhar_S_of_S_decision.pdf- ./FINAL_For_publishing_Hussain_Mazhar_S_of_S_decision.pdf: sexual misconduct, for example, involving actions that were sexually motivated or ./FINAL_For_publishing_Hussain_Mazhar_S_of_S_decision.pdf: of a sexual nature and/or that use or exploit the trust, knowledge or influence ./FINAL_For_publishing_Hussain_Mazhar_S_of_S_decision.pdf- derived from the individual’s professional position; ./FINAL_For_publishing_Hussain_Mazhar_S_of_S_decision.pdf- ./FINAL_For_publishing_Hussain_Mazhar_S_of_S_decision.pdf- the commission of a serious criminal offence, including those that resulted in a ./FINAL_For_publishing_Hussain_Mazhar_S_of_S_decision.pdf- conviction or caution, paying particular attention to offences that are ‘relevant ./FINAL_For_publishing_Hussain_Mazhar_S_of_S_decision.pdf- matters’ for the purposes of The Police Act 1997 and criminal record disclosures." ./FINAL_For_publishing_Hussain_Mazhar_S_of_S_decision.pdf- ./FINAL_For_publishing_Hussain_Mazhar_S_of_S_decision.pdf-Even though some of the behaviour found proved in this case indicated that a prohibition ./FINAL_For_publishing_Hussain_Mazhar_S_of_S_decision.pdf-order would be appropriate, the panel went on to consider the mitigating factors. ./FINAL_For_publishing_Hussain_Mazhar_S_of_S_decision.pdf-Mitigating factors may indicate that a prohibition order would not be appropriate or ./FINAL_For_publishing_Hussain_Mazhar_S_of_S_decision.pdf-proportionate. -- ./FINAL_For_publishing_Hussain_Mazhar_S_of_S_decision.pdf-Accordingly, the panel made a recommendation to the Secretary of State that a ./FINAL_For_publishing_Hussain_Mazhar_S_of_S_decision.pdf-prohibition order should be imposed with immediate effect. ./FINAL_For_publishing_Hussain_Mazhar_S_of_S_decision.pdf- ./FINAL_For_publishing_Hussain_Mazhar_S_of_S_decision.pdf-The panel went on to consider whether or not it would be appropriate for it to decide to ./FINAL_For_publishing_Hussain_Mazhar_S_of_S_decision.pdf-recommend a review period of the order. The panel was mindful that the Advice states ./FINAL_For_publishing_Hussain_Mazhar_S_of_S_decision.pdf-that a prohibition order applies for life, but there may be circumstances, in any given ./FINAL_For_publishing_Hussain_Mazhar_S_of_S_decision.pdf-case, that may make it appropriate to allow a teacher to apply to have the prohibition ./FINAL_For_publishing_Hussain_Mazhar_S_of_S_decision.pdf-order reviewed after a specified period of time that may not be less than 2 years. ./FINAL_For_publishing_Hussain_Mazhar_S_of_S_decision.pdf- ./FINAL_For_publishing_Hussain_Mazhar_S_of_S_decision.pdf-The Advice indicates that there are behaviours that, if proved, would militate against the ./FINAL_For_publishing_Hussain_Mazhar_S_of_S_decision.pdf:recommendation of a review period. These behaviours includes serious sexual ./FINAL_For_publishing_Hussain_Mazhar_S_of_S_decision.pdf:misconduct, such as where the act was sexually motivated and resulted in, or had the ./FINAL_For_publishing_Hussain_Mazhar_S_of_S_decision.pdf-potential to result in, harm to a person or persons, particularly where the individual has ./FINAL_For_publishing_Hussain_Mazhar_S_of_S_decision.pdf-used his professional position to influence or exploit a person. ./FINAL_For_publishing_Hussain_Mazhar_S_of_S_decision.pdf- ./FINAL_For_publishing_Hussain_Mazhar_S_of_S_decision.pdf-Of particular concern to the panel was Mr Hussain's attempts to seek employment ./FINAL_For_publishing_Hussain_Mazhar_S_of_S_decision.pdf-elsewhere as a teacher whilst under investigation for these offences. ./FINAL_For_publishing_Hussain_Mazhar_S_of_S_decision.pdf- ./FINAL_For_publishing_Hussain_Mazhar_S_of_S_decision.pdf-The panel decided that the findings indicated a situation in which a review period would ./FINAL_For_publishing_Hussain_Mazhar_S_of_S_decision.pdf-not be appropriate and, as such, decided that it would be proportionate, in all the ./FINAL_For_publishing_Hussain_Mazhar_S_of_S_decision.pdf-circumstances, for the prohibition order to be recommended without provisions for a ./FINAL_For_publishing_Hussain_Mazhar_S_of_S_decision.pdf-review period. -- ./FINAL_For_publishing_Hussain_Mazhar_S_of_S_decision.pdf- professional position ./FINAL_For_publishing_Hussain_Mazhar_S_of_S_decision.pdf- ./FINAL_For_publishing_Hussain_Mazhar_S_of_S_decision.pdf- o having regard for the need to safeguard pupils’ well-being, in accordance ./FINAL_For_publishing_Hussain_Mazhar_S_of_S_decision.pdf- with statutory provisions ./FINAL_For_publishing_Hussain_Mazhar_S_of_S_decision.pdf- ./FINAL_For_publishing_Hussain_Mazhar_S_of_S_decision.pdf- Teachers must have proper and professional regard for the ethos, policies and ./FINAL_For_publishing_Hussain_Mazhar_S_of_S_decision.pdf- practices of the school in which they teach, and maintain high standards in their ./FINAL_For_publishing_Hussain_Mazhar_S_of_S_decision.pdf- own attendance and punctuality." ./FINAL_For_publishing_Hussain_Mazhar_S_of_S_decision.pdf- ./FINAL_For_publishing_Hussain_Mazhar_S_of_S_decision.pdf-The findings of misconduct are particularly serious as they include a finding of four ./FINAL_For_publishing_Hussain_Mazhar_S_of_S_decision.pdf:offences of sexual activity with a child and sentencing of a total of three years and three ./FINAL_For_publishing_Hussain_Mazhar_S_of_S_decision.pdf-months imprisonment. ./FINAL_For_publishing_Hussain_Mazhar_S_of_S_decision.pdf- ./FINAL_For_publishing_Hussain_Mazhar_S_of_S_decision.pdf-I have to determine whether the imposition of a prohibition order is proportionate and in ./FINAL_For_publishing_Hussain_Mazhar_S_of_S_decision.pdf-the public interest. In considering that for this case, I have considered the overall aim of a ./FINAL_For_publishing_Hussain_Mazhar_S_of_S_decision.pdf-prohibition order which is to protect pupils and to maintain public confidence in the ./FINAL_For_publishing_Hussain_Mazhar_S_of_S_decision.pdf-profession. I have considered the extent to which a prohibition order in this case would ./FINAL_For_publishing_Hussain_Mazhar_S_of_S_decision.pdf-achieve that aim taking into account the impact that it will have on the individual teacher. ./FINAL_For_publishing_Hussain_Mazhar_S_of_S_decision.pdf-I have also asked myself, whether a less intrusive measure, such as the published ./FINAL_For_publishing_Hussain_Mazhar_S_of_S_decision.pdf-finding of a relevant conviction, would itself be sufficient to achieve the overall aim. I have ./FINAL_For_publishing_Hussain_Mazhar_S_of_S_decision.pdf-to consider whether the consequences of such a publication are themselves sufficient. I -- ./FINAL_For_publishing_Hussain_Mazhar_S_of_S_decision.pdf-In this case, I have considered the extent to which a prohibition order would protect ./FINAL_For_publishing_Hussain_Mazhar_S_of_S_decision.pdf-children. The panel has observed, “This was a premeditated course of conduct that took ./FINAL_For_publishing_Hussain_Mazhar_S_of_S_decision.pdf-advantage of his position of trust over Pupil A and also demonstrated a complete ./FINAL_For_publishing_Hussain_Mazhar_S_of_S_decision.pdf:disregard for her well-being for his own sexual gratification. There was clear evidence of ./FINAL_For_publishing_Hussain_Mazhar_S_of_S_decision.pdf-ongoing harm not only to Pupil A, but also to her family.” ./FINAL_For_publishing_Hussain_Mazhar_S_of_S_decision.pdf- ./FINAL_For_publishing_Hussain_Mazhar_S_of_S_decision.pdf-A prohibition order would therefore prevent such a risk from being present in the future. I ./FINAL_For_publishing_Hussain_Mazhar_S_of_S_decision.pdf-have also taken into account the panel’s comments on insight and remorse, which the ./FINAL_For_publishing_Hussain_Mazhar_S_of_S_decision.pdf-panel sets out as follows, “Mr Hussain did not provide the panel with any material in ./FINAL_For_publishing_Hussain_Mazhar_S_of_S_decision.pdf-mitigation, there was no indication of any remorse or self-awareness of the seriousness ./FINAL_For_publishing_Hussain_Mazhar_S_of_S_decision.pdf-of his misconduct, despite there being evidence of his training in safeguarding.” In my ./FINAL_For_publishing_Hussain_Mazhar_S_of_S_decision.pdf-judgement, the lack of insight means that there is some risk of the repetition of this ./FINAL_For_publishing_Hussain_Mazhar_S_of_S_decision.pdf-behaviour and this puts at risk the future well being of pupils. I have therefore given this ./FINAL_For_publishing_Hussain_Mazhar_S_of_S_decision.pdf-element considerable weight in reaching my decision. ./FINAL_For_publishing_Hussain_Mazhar_S_of_S_decision.pdf- ./FINAL_For_publishing_Hussain_Mazhar_S_of_S_decision.pdf-I have gone on to consider the extent to which a prohibition order would maintain public ./FINAL_For_publishing_Hussain_Mazhar_S_of_S_decision.pdf-confidence in the profession. The panel observe, “The panel also took account of the way ./FINAL_For_publishing_Hussain_Mazhar_S_of_S_decision.pdf-the teaching profession is viewed by others. The panel considered that Mr Hussain's ./FINAL_For_publishing_Hussain_Mazhar_S_of_S_decision.pdf-behaviour in committing the offences would affect public confidence in the teaching ./FINAL_For_publishing_Hussain_Mazhar_S_of_S_decision.pdf-profession, given the influence that teachers may have on pupils, parents and others in ./FINAL_For_publishing_Hussain_Mazhar_S_of_S_decision.pdf-the community.” ./FINAL_For_publishing_Hussain_Mazhar_S_of_S_decision.pdf- ./FINAL_For_publishing_Hussain_Mazhar_S_of_S_decision.pdf:I am particularly mindful of the finding of a sexual conviction in this case and the impact ./FINAL_For_publishing_Hussain_Mazhar_S_of_S_decision.pdf-that such a finding has on the reputation of the profession. ./FINAL_For_publishing_Hussain_Mazhar_S_of_S_decision.pdf- ./FINAL_For_publishing_Hussain_Mazhar_S_of_S_decision.pdf-I have had to consider that the public has a high expectation of professional standards of ./FINAL_For_publishing_Hussain_Mazhar_S_of_S_decision.pdf-all teachers and that the public might regard a failure to impose a prohibition order as a ./FINAL_For_publishing_Hussain_Mazhar_S_of_S_decision.pdf-failure to uphold those high standards. In weighing these considerations, I have had to ./FINAL_For_publishing_Hussain_Mazhar_S_of_S_decision.pdf-consider the matter from the point of view of an “ordinary intelligent and well-informed ./FINAL_For_publishing_Hussain_Mazhar_S_of_S_decision.pdf-citizen.” ./FINAL_For_publishing_Hussain_Mazhar_S_of_S_decision.pdf- ./FINAL_For_publishing_Hussain_Mazhar_S_of_S_decision.pdf-I have considered whether the publication of a finding of unacceptable professional ./FINAL_For_publishing_Hussain_Mazhar_S_of_S_decision.pdf-conduct, in the absence of a prohibition order, can itself be regarded by such a person as -- ./FINAL_For_publishing_Hussain_Mazhar_S_of_S_decision.pdf-In this case, I have placed considerable weight on the panel’s comments, “This was a ./FINAL_For_publishing_Hussain_Mazhar_S_of_S_decision.pdf-premeditated course of conduct that took advantage of his position of trust over Pupil A ./FINAL_For_publishing_Hussain_Mazhar_S_of_S_decision.pdf:and also demonstrated a complete disregard for her well-being for his own sexual ./FINAL_For_publishing_Hussain_Mazhar_S_of_S_decision.pdf-gratification.” ./FINAL_For_publishing_Hussain_Mazhar_S_of_S_decision.pdf- ./FINAL_For_publishing_Hussain_Mazhar_S_of_S_decision.pdf-I have also placed considerable weight on the finding of the panel that, “Of particular ./FINAL_For_publishing_Hussain_Mazhar_S_of_S_decision.pdf-concern to the panel was Mr Hussain's attempts to seek employment elsewhere as a ./FINAL_For_publishing_Hussain_Mazhar_S_of_S_decision.pdf-teacher whilst under investigation for these offences.” ./FINAL_For_publishing_Hussain_Mazhar_S_of_S_decision.pdf- ./FINAL_For_publishing_Hussain_Mazhar_S_of_S_decision.pdf-I have given less weight in my consideration of sanction therefore, to the contribution that ./FINAL_For_publishing_Hussain_Mazhar_S_of_S_decision.pdf-Mr Hussain has made to the profession. In my view, it is necessary to impose a ./FINAL_For_publishing_Hussain_Mazhar_S_of_S_decision.pdf-prohibition order in order to maintain public confidence in the profession. A published ./FINAL_For_publishing_Hussain_Mazhar_S_of_S_decision.pdf-decision, in light of the circumstances in this case, that is not backed up by remorse or ./FINAL_For_publishing_Hussain_Mazhar_S_of_S_decision.pdf-insight, does not in my view satisfy the public interest requirement concerning public ./FINAL_For_publishing_Hussain_Mazhar_S_of_S_decision.pdf-confidence in the profession. ./FINAL_For_publishing_Hussain_Mazhar_S_of_S_decision.pdf- ./FINAL_For_publishing_Hussain_Mazhar_S_of_S_decision.pdf-For these reasons, I have concluded that a prohibition order is proportionate and in the ./FINAL_For_publishing_Hussain_Mazhar_S_of_S_decision.pdf-public interest in order to achieve the intended aims of a prohibition order. ./FINAL_For_publishing_Hussain_Mazhar_S_of_S_decision.pdf- ./FINAL_For_publishing_Hussain_Mazhar_S_of_S_decision.pdf-I have gone on to consider the matter of a review period. In this case, the panel has ./FINAL_For_publishing_Hussain_Mazhar_S_of_S_decision.pdf-recommended that no provision should be made for a review period. ./FINAL_For_publishing_Hussain_Mazhar_S_of_S_decision.pdf- ./FINAL_For_publishing_Hussain_Mazhar_S_of_S_decision.pdf-I have considered the panel’s comments “Mr Hussain was convicted and imprisoned for a ./FINAL_For_publishing_Hussain_Mazhar_S_of_S_decision.pdf:number of serious sexual offences against a vulnerable pupil, [REDACTED], whom he ./FINAL_For_publishing_Hussain_Mazhar_S_of_S_decision.pdf-had personally taught.” I consider this to be very serious. ./FINAL_For_publishing_Hussain_Mazhar_S_of_S_decision.pdf- ./FINAL_For_publishing_Hussain_Mazhar_S_of_S_decision.pdf-I have considered whether allowing for a no review period reflects the seriousness of the ./FINAL_For_publishing_Hussain_Mazhar_S_of_S_decision.pdf-findings and is proportionate to achieve the aim of maintaining public confidence in the ./FINAL_For_publishing_Hussain_Mazhar_S_of_S_decision.pdf-profession. In this case, the factors which mean a no review period is necessary are the ./FINAL_For_publishing_Hussain_Mazhar_S_of_S_decision.pdf-serious nature of the conviction and the lack of insight or remorse. ./FINAL_For_publishing_Hussain_Mazhar_S_of_S_decision.pdf- ./FINAL_For_publishing_Hussain_Mazhar_S_of_S_decision.pdf-I consider therefore that allowing for a no review period is necessary to maintain public ./FINAL_For_publishing_Hussain_Mazhar_S_of_S_decision.pdf-confidence and is proportionate and in the public interest. ./FINAL_For_publishing_Hussain_Mazhar_S_of_S_decision.pdf- ./Fishwick_-_Web_Decision.pdf- v. ‘I am not doing anything on Snapchat for Christ sake’; ./Fishwick_-_Web_Decision.pdf- ./Fishwick_-_Web_Decision.pdf- vi. ‘Sir not a question you should ask a pupil’; ./Fishwick_-_Web_Decision.pdf- ./Fishwick_-_Web_Decision.pdf- vii. ‘What the hell sir’; ./Fishwick_-_Web_Decision.pdf- ./Fishwick_-_Web_Decision.pdf- viii. ‘Righttttt. To far sir’; ./Fishwick_-_Web_Decision.pdf- ./Fishwick_-_Web_Decision.pdf- ix. ‘Right can we change the sub just please’ ./Fishwick_-_Web_Decision.pdf- ./Fishwick_-_Web_Decision.pdf: 3. Your conduct as may be found proven at allegation 1 above was sexually ./Fishwick_-_Web_Decision.pdf- motivated. ./Fishwick_-_Web_Decision.pdf- ./Fishwick_-_Web_Decision.pdf-Mr Fishwick has admitted to allegations 1 and 2 and has admitted that these facts ./Fishwick_-_Web_Decision.pdf-amount to unacceptable professional conduct and/or conduct that may bring the ./Fishwick_-_Web_Decision.pdf-profession into disrepute. It must be noted that Mr Fishwick does not make the same ./Fishwick_-_Web_Decision.pdf-admission in relation to allegation 3. ./Fishwick_-_Web_Decision.pdf- ./Fishwick_-_Web_Decision.pdf- ./Fishwick_-_Web_Decision.pdf-C. Preliminary applications ./Fishwick_-_Web_Decision.pdf-Application to Proceed in Absence -- ./Fishwick_-_Web_Decision.pdf-Mr Fishwick had been employed at St Christopher’s CE High School since September ./Fishwick_-_Web_Decision.pdf-2015 as a science teacher. It is alleged that between March and April of 2017, Mr ./Fishwick_-_Web_Decision.pdf:Fishwick sent Pupil A inappropriate messages that were sexually motivated and ./Fishwick_-_Web_Decision.pdf-continued to do so despite her requests for him to stop. ./Fishwick_-_Web_Decision.pdf- ./Fishwick_-_Web_Decision.pdf-Findings of fact ./Fishwick_-_Web_Decision.pdf-Our findings of fact are as follows: ./Fishwick_-_Web_Decision.pdf- ./Fishwick_-_Web_Decision.pdf-The panel has found the following particulars of the allegations against Mr Fishwick ./Fishwick_-_Web_Decision.pdf-proven, for these reasons: ./Fishwick_-_Web_Decision.pdf- ./Fishwick_-_Web_Decision.pdf-  Mr Fishwick has admitted to allegations 1 and 2 in their entirety. In addition these ./Fishwick_-_Web_Decision.pdf- allegations are evidenced by the emails found in the bundle at the following pages -- ./Fishwick_-_Web_Decision.pdf- ./Fishwick_-_Web_Decision.pdf-  ‘It’s come to the point where I’m crying myself to sleep’ p.277 ./Fishwick_-_Web_Decision.pdf- ./Fishwick_-_Web_Decision.pdf-which indicate to the panel that Mr Fishwick was both trying to gain Pupil A’s ./Fishwick_-_Web_Decision.pdf-trust and manipulate her response to him, for example, by asking her to say ./Fishwick_-_Web_Decision.pdf-how she feels about him. ./Fishwick_-_Web_Decision.pdf- ./Fishwick_-_Web_Decision.pdf-o In the panel’s view, Mr Fishwick was continually attempting to push ./Fishwick_-_Web_Decision.pdf- acceptable conversational boundaries through the following themes: ./Fishwick_-_Web_Decision.pdf- ./Fishwick_-_Web_Decision.pdf:  persistent enquiries into Pupil A’s sexual experience (p.125, p.121, ./Fishwick_-_Web_Decision.pdf- p.112, pp.100 – 105, pp.81 - 82) ./Fishwick_-_Web_Decision.pdf- ./Fishwick_-_Web_Decision.pdf-  repeated references to Pupil A’s breast size including repeated ./Fishwick_-_Web_Decision.pdf- mentions of ‘iddybittytittycommittee’ once Pupil A mentioned it ./Fishwick_-_Web_Decision.pdf- initially (p.207, p.152, p.119, p.100) ./Fishwick_-_Web_Decision.pdf- ./Fishwick_-_Web_Decision.pdf- ./Fishwick_-_Web_Decision.pdf- 14 ./Fishwick_-_Web_Decision.pdf- -- ./Fishwick_-_Web_Decision.pdf:  hints at sexualised thoughts about Pupil A (pp.69 – 71) ./Fishwick_-_Web_Decision.pdf- ./Fishwick_-_Web_Decision.pdf:  a sexualised dream concerning Pupil A (pp.141 – 145) ./Fishwick_-_Web_Decision.pdf- ./Fishwick_-_Web_Decision.pdf-  requesting a hug (allegation 1.iii on p.191) ./Fishwick_-_Web_Decision.pdf- ./Fishwick_-_Web_Decision.pdf-  pursuing Pupil A despite her repeated requests for the messages to ./Fishwick_-_Web_Decision.pdf- cease (allegation 2) ./Fishwick_-_Web_Decision.pdf- ./Fishwick_-_Web_Decision.pdf:  return to sexualised conversation when Pupil A attempted to change ./Fishwick_-_Web_Decision.pdf- the topic of conversation (pp.252 – 253, pp.238 – 239, pp.110 – 112) ./Fishwick_-_Web_Decision.pdf- ./Fishwick_-_Web_Decision.pdf-  the fact that the emails were of a personal nature and sent over the ./Fishwick_-_Web_Decision.pdf- Easter holiday period (March and April 2017) ./Fishwick_-_Web_Decision.pdf- ./Fishwick_-_Web_Decision.pdf-  emails sent using a personal email address. ./Fishwick_-_Web_Decision.pdf- ./Fishwick_-_Web_Decision.pdf-Therefore, on the balance of probabilities the panel believed that the inappropriate ./Fishwick_-_Web_Decision.pdf:messages Mr Fishwick sent to Pupil A were more likely than not to have been sexually ./Fishwick_-_Web_Decision.pdf-motivated. The panel therefore finds allegation 3 proved. ./Fishwick_-_Web_Decision.pdf- ./Fishwick_-_Web_Decision.pdf-Findings as to unacceptable professional conduct and/or conduct that ./Fishwick_-_Web_Decision.pdf-may bring the profession into disrepute ./Fishwick_-_Web_Decision.pdf-Having found all of the allegations to have been proven, the panel has gone on to ./Fishwick_-_Web_Decision.pdf-consider whether the facts of those proven allegations amount to unacceptable ./Fishwick_-_Web_Decision.pdf-professional conduct and/or conduct that may bring the profession into disrepute. ./Fishwick_-_Web_Decision.pdf- ./Fishwick_-_Web_Decision.pdf-In doing so, the panel has had regard to the document Teacher Misconduct: The ./Fishwick_-_Web_Decision.pdf-Prohibition of Teachers, which the panel refers to as “the Advice”. -- ./Fishwick_-_Web_Decision.pdf-‘Conduct that may bring the profession into disrepute’ can be defined as misconduct ./Fishwick_-_Web_Decision.pdf-outside of the education setting that may be considered to be relevant if it is serious and ./Fishwick_-_Web_Decision.pdf-the conduct displayed would likely have a negative impact on the individual’s status as a ./Fishwick_-_Web_Decision.pdf-teacher, potentially damaging the public’s perception of them, therefore bringing the ./Fishwick_-_Web_Decision.pdf-profession into disrepute. ./Fishwick_-_Web_Decision.pdf- ./Fishwick_-_Web_Decision.pdf-The panel notes that the allegations took place outside of the education setting in the ./Fishwick_-_Web_Decision.pdf-form of personal emails sent over the 2017 Easter holiday period. The panel is of the ./Fishwick_-_Web_Decision.pdf-opinion that Mr Fishwick used Pupil A’s vulnerability to cultivate an intense emotional ./Fishwick_-_Web_Decision.pdf-dependence on him which he used to attempt to exploit Pupil A into participating in ./Fishwick_-_Web_Decision.pdf:conversations of a sexual nature. The conversations also included ‘advice’ to Pupil A ./Fishwick_-_Web_Decision.pdf-which could be seen to encourage harmful behaviour both within and outside of school ./Fishwick_-_Web_Decision.pdf-(see allegations 1.iv, 1.vi, 1.vii and 1.viii). ./Fishwick_-_Web_Decision.pdf- ./Fishwick_-_Web_Decision.pdf:As Mr Fishwick engaged in written communication that was sexually motivated with a ./Fishwick_-_Web_Decision.pdf-pupil, the panel is concerned that Mr Fishwick has failed to follow either general ./Fishwick_-_Web_Decision.pdf-safeguarding principles or the specific guidance provided by the School. ./Fishwick_-_Web_Decision.pdf- ./Fishwick_-_Web_Decision.pdf-Accordingly, the panel is satisfied that Mr Fishwick is guilty of unacceptable professional ./Fishwick_-_Web_Decision.pdf-conduct. ./Fishwick_-_Web_Decision.pdf- ./Fishwick_-_Web_Decision.pdf-The panel has taken into account the way the teaching profession is viewed by others ./Fishwick_-_Web_Decision.pdf-and considered the influence that teachers may have on pupils, parents and others in the ./Fishwick_-_Web_Decision.pdf-community. The panel has taken account of the uniquely influential role that teachers can ./Fishwick_-_Web_Decision.pdf-hold in pupils’ lives and that pupils must be able to view teachers as role models in the -- ./Fishwick_-_Web_Decision.pdf-measure, and whether it is in the public interest to do so. Prohibition orders should not be ./Fishwick_-_Web_Decision.pdf-given in order to be punitive, or to show that blame has been apportioned, although they ./Fishwick_-_Web_Decision.pdf-are likely to have punitive effect. ./Fishwick_-_Web_Decision.pdf- ./Fishwick_-_Web_Decision.pdf-The panel has considered the particular public interest factors set out in the Advice and ./Fishwick_-_Web_Decision.pdf-having done so has found a number of them to be relevant in this case, namely: the ./Fishwick_-_Web_Decision.pdf-protection of pupils, the maintenance of public confidence in the profession and declaring ./Fishwick_-_Web_Decision.pdf-and upholding proper standards of conduct. ./Fishwick_-_Web_Decision.pdf- ./Fishwick_-_Web_Decision.pdf-In light of the panel’s findings against Mr Fishwick, which involved findings that Mr ./Fishwick_-_Web_Decision.pdf:Fishwick had sent sexually motivated inappropriate messages to Pupil A despite her ./Fishwick_-_Web_Decision.pdf-repeated requests for the messages to cease, there is a strong public interest ./Fishwick_-_Web_Decision.pdf-consideration in respect of the protection of pupils given the serious findings of ./Fishwick_-_Web_Decision.pdf-inappropriate relationships with children. ./Fishwick_-_Web_Decision.pdf- ./Fishwick_-_Web_Decision.pdf-Similarly, the panel considers that public confidence in the profession could be seriously ./Fishwick_-_Web_Decision.pdf-weakened if conduct such as that found against Mr Fishwick were not treated with the ./Fishwick_-_Web_Decision.pdf-utmost seriousness when regulating the conduct of the profession. ./Fishwick_-_Web_Decision.pdf- ./Fishwick_-_Web_Decision.pdf-The panel considered that a strong public interest consideration in declaring proper ./Fishwick_-_Web_Decision.pdf-standards of conduct in the profession was also present as the conduct found against Mr -- ./Fishwick_-_Web_Decision.pdf-  serious departure from the personal and professional conduct elements of the ./Fishwick_-_Web_Decision.pdf- Teachers’ Standards; ./Fishwick_-_Web_Decision.pdf-  misconduct seriously affecting the education and/or well-being of pupils, and ./Fishwick_-_Web_Decision.pdf- particularly where there is a continuing risk; ./Fishwick_-_Web_Decision.pdf-  abuse of position or trust (particularly involving vulnerable pupils) or violation of the ./Fishwick_-_Web_Decision.pdf- rights of pupils; and ./Fishwick_-_Web_Decision.pdf:  sexual misconduct, e.g. involving actions that were sexually motivated or of a ./Fishwick_-_Web_Decision.pdf: sexual nature and/or that use or exploit the trust, knowledge or influence derived ./Fishwick_-_Web_Decision.pdf- from the individual’s professional position. ./Fishwick_-_Web_Decision.pdf-Even though there were behaviours that would point to the appropriateness of a ./Fishwick_-_Web_Decision.pdf-prohibition order, the panel went on to consider whether or not there were sufficient ./Fishwick_-_Web_Decision.pdf-mitigating factors to militate against the appropriateness and proportionality of a ./Fishwick_-_Web_Decision.pdf-prohibition order, particularly taking into account the nature and severity of the behaviour ./Fishwick_-_Web_Decision.pdf-in this case. ./Fishwick_-_Web_Decision.pdf- ./Fishwick_-_Web_Decision.pdf-There was no evidence to suggest that the teacher’s actions were not deliberate. There ./Fishwick_-_Web_Decision.pdf-was no evidence to suggest that the teacher was acting under duress, and in fact, the ./Fishwick_-_Web_Decision.pdf:panel found the teacher’s actions to be sexually motivated. The teacher did have a ./Fishwick_-_Web_Decision.pdf-previously good history and the panel accepts that this was an isolated incident. In ./Fishwick_-_Web_Decision.pdf-particular, the panel noted that the email exchange took place within the limited period of ./Fishwick_-_Web_Decision.pdf-an Easter school holiday. ./Fishwick_-_Web_Decision.pdf- ./Fishwick_-_Web_Decision.pdf-The panel first considered whether it would be proportionate to conclude this case with ./Fishwick_-_Web_Decision.pdf-no recommendation of prohibition, considering whether the publication of the findings ./Fishwick_-_Web_Decision.pdf-made by the panel would be sufficient. ./Fishwick_-_Web_Decision.pdf- ./Fishwick_-_Web_Decision.pdf-The panel is of the view that applying the standard of the ordinary intelligent citizen ./Fishwick_-_Web_Decision.pdf-recommending no prohibition order would not be a proportionate and appropriate -- ./Fishwick_-_Web_Decision.pdf-to have the prohibition order reviewed after a specified period of time that may not be ./Fishwick_-_Web_Decision.pdf-less than 2 years. ./Fishwick_-_Web_Decision.pdf- ./Fishwick_-_Web_Decision.pdf-The Advice indicates that there are behaviours that, if proven, would militate against the ./Fishwick_-_Web_Decision.pdf:recommendation of a review period. One of these behaviours is serious sexual ./Fishwick_-_Web_Decision.pdf:misconduct, e.g. where the act was sexually motivated and resulted in or had the ./Fishwick_-_Web_Decision.pdf-potential to result in, harm to a person or persons, particularly where the individual has ./Fishwick_-_Web_Decision.pdf-used their professional position to influence or exploit a person or persons. The panel did ./Fishwick_-_Web_Decision.pdf:not find that the email evidence amounted to serious sexual misconduct of the gravest ./Fishwick_-_Web_Decision.pdf-nature especially given that there was no suggestion of an actual physical relationship ./Fishwick_-_Web_Decision.pdf-between Mr Fishwick and Pupil A. Whilst the panel agreed that there was a potential for ./Fishwick_-_Web_Decision.pdf-harm to be caused to Pupil A, the panel could not be satisfied that actual harm had been ./Fishwick_-_Web_Decision.pdf-caused. ./Fishwick_-_Web_Decision.pdf- ./Fishwick_-_Web_Decision.pdf-Consequently, the panel considered the other mitigating factors put forward by Mr ./Fishwick_-_Web_Decision.pdf-Fishwick with regard to a review period. ./Fishwick_-_Web_Decision.pdf- ./Fishwick_-_Web_Decision.pdf-Mr Fishwick stated, ‘I look back on the situation I put myself and others in with whole- ./Fishwick_-_Web_Decision.pdf-hearted contrition and remorse, having cause [sic] deep embarrassment and hurt for -- ./Fishwick_-_Web_Decision.pdf-In this case, I have considered the extent to which a prohibition order would protect ./Fishwick_-_Web_Decision.pdf-children. The panel has observed “Mr Fishwick used Pupil A’s vulnerability to cultivate an ./Fishwick_-_Web_Decision.pdf-intense emotional dependence on him which he used to attempt to exploit Pupil A into ./Fishwick_-_Web_Decision.pdf:participating in conversations of a sexual nature. The conversations also included ./Fishwick_-_Web_Decision.pdf-‘advice’ to Pupil A which could be seen to encourage harmful behaviour both within and ./Fishwick_-_Web_Decision.pdf-outside of school.” A prohibition order would therefore prevent such a risk from being ./Fishwick_-_Web_Decision.pdf-present in the future. I have also taken into account the panel’s comments on insight and ./Fishwick_-_Web_Decision.pdf-remorse, which the panel sets out as follows, “Mr Fishwick has demonstrated some ./Fishwick_-_Web_Decision.pdf-insight.” In my judgement, the lack of full insight means that there is some risk of the ./Fishwick_-_Web_Decision.pdf-repetition of this behaviour and this risks the future well-being of pupils. I have therefore ./Fishwick_-_Web_Decision.pdf-given this element considerable weight in reaching my decision. ./Fishwick_-_Web_Decision.pdf- ./Fishwick_-_Web_Decision.pdf-I have gone on to consider the extent to which a prohibition order would maintain public ./Fishwick_-_Web_Decision.pdf-confidence in the profession. The panel observe, “the uniquely influential role that ./Fishwick_-_Web_Decision.pdf-teachers can hold in pupils’ lives and that pupils must be able to view teachers as role ./Fishwick_-_Web_Decision.pdf-models in the way they behave. In the panel’s view Mr Fishwick failed in this regard.” I ./Fishwick_-_Web_Decision.pdf:am particularly mindful of the finding of sexual misconduct in this case, albeit not serious ./Fishwick_-_Web_Decision.pdf:sexual misconduct, and the impact that such a finding has on the reputation of the ./Fishwick_-_Web_Decision.pdf-profession. ./Fishwick_-_Web_Decision.pdf- ./Fishwick_-_Web_Decision.pdf-I have had to consider that the public has a high expectation of professional standards of ./Fishwick_-_Web_Decision.pdf-all teachers and that failure to impose a prohibition order might be regarded by the public ./Fishwick_-_Web_Decision.pdf-as a failure to uphold those high standards. In weighing these considerations, I have had ./Fishwick_-_Web_Decision.pdf-to consider the matter from the point of view of an “ordinary intelligent and well-informed ./Fishwick_-_Web_Decision.pdf-citizen.” ./Fishwick_-_Web_Decision.pdf- ./Fishwick_-_Web_Decision.pdf-I have considered whether the publication of a finding of unacceptable professional ./Fishwick_-_Web_Decision.pdf-conduct, in the absence of a prohibition order, can itself be regarded by such a person as -- ./Fishwick_-_Web_Decision.pdf-accepts that this was an isolated incident.” ./Fishwick_-_Web_Decision.pdf- ./Fishwick_-_Web_Decision.pdf-A prohibition order would prevent Mr Fishwick from teaching and would clearly deprive ./Fishwick_-_Web_Decision.pdf-the public of his contribution to the profession for the period that it is in force. ./Fishwick_-_Web_Decision.pdf- ./Fishwick_-_Web_Decision.pdf-In this case, I have placed considerable weight on the panel’s comments concerning ./Fishwick_-_Web_Decision.pdf-insight and remorse. The panel has said, “Mr Fishwick has demonstrated growing ./Fishwick_-_Web_Decision.pdf-insight.” ./Fishwick_-_Web_Decision.pdf- ./Fishwick_-_Web_Decision.pdf-I have also placed considerable weight on the finding of the panel that Mr Fishwick, “sent ./Fishwick_-_Web_Decision.pdf:sexually motivated inappropriate messages to Pupil A despite her repeated requests for ./Fishwick_-_Web_Decision.pdf-the messages to cease,” and “there is a strong public interest consideration in respect of ./Fishwick_-_Web_Decision.pdf- ./Fishwick_-_Web_Decision.pdf- ./Fishwick_-_Web_Decision.pdf- 21 ./Fishwick_-_Web_Decision.pdf- -- ./Fishwick_-_Web_Decision.pdf-  will provide Mr Fishwick with sufficient time to reflect and demonstrate to a future ./Fishwick_-_Web_Decision.pdf- panel his ability to uphold the Teachers’ Standards. “ ./Fishwick_-_Web_Decision.pdf- ./Fishwick_-_Web_Decision.pdf-I have considered whether a 5 year review period reflects the seriousness of the findings ./Fishwick_-_Web_Decision.pdf-and is a proportionate period to achieve the aim of maintaining public confidence in the ./Fishwick_-_Web_Decision.pdf-profession. In this case, there are factors that in my view mean that a 2 year review ./Fishwick_-_Web_Decision.pdf-period is not sufficient to achieve the aim of maintaining public confidence in the ./Fishwick_-_Web_Decision.pdf-profession. These elements are; the persistent exchanges despite the clear indication ./Fishwick_-_Web_Decision.pdf-that Pupil A wanted the exchanges to stop; the use of Pupil A’s vulnerability to cultivate ./Fishwick_-_Web_Decision.pdf-an intense emotional dependence on him which he used to attempt to exploit Pupil A into ./Fishwick_-_Web_Decision.pdf:participating in conversations of a sexual nature, and the lack of full insight. ./Fishwick_-_Web_Decision.pdf- ./Fishwick_-_Web_Decision.pdf-I consider therefore that a 5 year review period is required to satisfy the maintenance of ./Fishwick_-_Web_Decision.pdf-public confidence in the profession. ./Fishwick_-_Web_Decision.pdf- ./Fishwick_-_Web_Decision.pdf-This means that Mr David Fishwick is prohibited from teaching indefinitely and ./Fishwick_-_Web_Decision.pdf-cannot teach in any school, sixth form college, relevant youth accommodation or ./Fishwick_-_Web_Decision.pdf-children’s home in England. He may apply for the prohibition order to be set aside, but ./Fishwick_-_Web_Decision.pdf-not until 26 August 2023, 5 years from the date of this order at the earliest. This is not an ./Fishwick_-_Web_Decision.pdf- ./Fishwick_-_Web_Decision.pdf- 22 ./Flatley__John_-_Web_Decision1.pdf- 1. In summer 2015, when attending Tolworth Girls’ School prom he requested to ./Flatley__John_-_Web_Decision1.pdf- exchange messages via Snapchat with pupils (some of whom he had previously ./Flatley__John_-_Web_Decision1.pdf- taught); ./Flatley__John_-_Web_Decision1.pdf- ./Flatley__John_-_Web_Decision1.pdf- 2. After the prom he sent inappropriate Snapchat messages to the pupils; ./Flatley__John_-_Web_Decision1.pdf- ./Flatley__John_-_Web_Decision1.pdf- 3. In relation to Pupil A, after the prom he sent Snapchat messages to her which ./Flatley__John_-_Web_Decision1.pdf: were flirty in tone and/or contained sexualised content including but not limited to: ./Flatley__John_-_Web_Decision1.pdf- ./Flatley__John_-_Web_Decision1.pdf- a. “U could have sent me some really naughty pics”, ./Flatley__John_-_Web_Decision1.pdf- ./Flatley__John_-_Web_Decision1.pdf- b. “Well you do love ur bed so u might as well spoil me with snaps”, ./Flatley__John_-_Web_Decision1.pdf- ./Flatley__John_-_Web_Decision1.pdf- c. “You look amazing”, ./Flatley__John_-_Web_Decision1.pdf- ./Flatley__John_-_Web_Decision1.pdf- d. “U look so good”, ./Flatley__John_-_Web_Decision1.pdf- ./Flatley__John_-_Web_Decision1.pdf- e. “So u never slid ur hands inside your undies when u in bed”, -- ./Flatley__John_-_Web_Decision1.pdf- g. “A vibrator or dildo would u like both?”, ./Flatley__John_-_Web_Decision1.pdf- ./Flatley__John_-_Web_Decision1.pdf- h. “I want ur naughty side. I’m sure if we were in bed u might roll on top of me ./Flatley__John_-_Web_Decision1.pdf- xxx”, ./Flatley__John_-_Web_Decision1.pdf- ./Flatley__John_-_Web_Decision1.pdf- i. “Let me inside you xxx”, ./Flatley__John_-_Web_Decision1.pdf- ./Flatley__John_-_Web_Decision1.pdf- j. He suggested meeting up with her and/or invited her to come to his house; ./Flatley__John_-_Web_Decision1.pdf- ./Flatley__John_-_Web_Decision1.pdf- 4. In relation to Pupil B, after the prom, he sent Snapchat messages to her which ./Flatley__John_-_Web_Decision1.pdf: were flirty in tone and/or contained sexualised content including but not limited to: ./Flatley__John_-_Web_Decision1.pdf- ./Flatley__John_-_Web_Decision1.pdf- a. Asking whether Pupil B had a “cheeky side” or words to the effect, ./Flatley__John_-_Web_Decision1.pdf- ./Flatley__John_-_Web_Decision1.pdf- b. “What do you do in bed” or words to that effect, ./Flatley__John_-_Web_Decision1.pdf- ./Flatley__John_-_Web_Decision1.pdf- c. Telling her she was “too boring because she was shy” or words to that ./Flatley__John_-_Web_Decision1.pdf- effect, ./Flatley__John_-_Web_Decision1.pdf- ./Flatley__John_-_Web_Decision1.pdf- d. Telling her she was not getting him “excited” or words to that effect; ./Flatley__John_-_Web_Decision1.pdf- ./Flatley__John_-_Web_Decision1.pdf- 5. His conduct as set out at paragraphs 1 and/or 2 and/or 3 and/or 4 above was ./Flatley__John_-_Web_Decision1.pdf: sexually motivated. ./Flatley__John_-_Web_Decision1.pdf- ./Flatley__John_-_Web_Decision1.pdf-In the Statement of Agreed Facts signed by Mr Flatley on 20 March 2017, Mr Flatley ./Flatley__John_-_Web_Decision1.pdf-admitted the facts giving rise to allegations 1 through to 5 and that such actions ./Flatley__John_-_Web_Decision1.pdf-amounted to unacceptable professional conduct and/or conduct that may bring the ./Flatley__John_-_Web_Decision1.pdf-profession into disrepute. Mr Flatley admitted the facts of the allegations at the hearing ./Flatley__John_-_Web_Decision1.pdf- ./Flatley__John_-_Web_Decision1.pdf- 4 ./Flatley__John_-_Web_Decision1.pdf- -- ./Flatley__John_-_Web_Decision1.pdf-The panel carefully considered the case before it and reached a decision. ./Flatley__John_-_Web_Decision1.pdf- ./Flatley__John_-_Web_Decision1.pdf-The panel confirmed that it read all the documents provided in the bundle. ./Flatley__John_-_Web_Decision1.pdf- ./Flatley__John_-_Web_Decision1.pdf-Mr John Flatley was employed at Tolworth Girls’ School from 1 September 2010 until 31 ./Flatley__John_-_Web_Decision1.pdf-December 2014. Upon leaving Tolworth Girls’ School, he commenced employment at ./Flatley__John_-_Web_Decision1.pdf-Gordon’s School on 1 January 2015. ./Flatley__John_-_Web_Decision1.pdf- ./Flatley__John_-_Web_Decision1.pdf-On 10 July 2015, Mr Flatley attended a prom at Tolworth Girls’ School, at the invitation of ./Flatley__John_-_Web_Decision1.pdf-the school. Following the prom, it is alleged Mr Flatley exchanged messages with pupils ./Flatley__John_-_Web_Decision1.pdf:via Snapchat. These messages were allegedly flirty in tone and/or contained sexualised ./Flatley__John_-_Web_Decision1.pdf-content. ./Flatley__John_-_Web_Decision1.pdf- ./Flatley__John_-_Web_Decision1.pdf-On 24 September 2015, a pupil reported incidents of offensive and inappropriate ./Flatley__John_-_Web_Decision1.pdf-Snapchat messages received from Mr Flatley. The allegation was reported to the LADO ./Flatley__John_-_Web_Decision1.pdf-and Mr Flatley was suspended from his position at Gordon’s School the following day. ./Flatley__John_-_Web_Decision1.pdf- ./Flatley__John_-_Web_Decision1.pdf-On 14 October 2015, Mr Flatley attended a disciplinary hearing at Gordon’s School ./Flatley__John_-_Web_Decision1.pdf-where he tendered his resignation. ./Flatley__John_-_Web_Decision1.pdf- ./Flatley__John_-_Web_Decision1.pdf-Findings of fact -- ./Flatley__John_-_Web_Decision1.pdf-inappropriate Snapchat messages to pupils. The panel held that the nature of the ./Flatley__John_-_Web_Decision1.pdf-messages was inappropriate. As a teacher, Mr Flatley should not have invited pupils to ./Flatley__John_-_Web_Decision1.pdf-his house. Furthermore, given the age of the pupils, it was inappropriate for him to ./Flatley__John_-_Web_Decision1.pdf-suggest that they “have beers”. In addition, it is not appropriate to invite a pupil shopping ./Flatley__John_-_Web_Decision1.pdf-to Ann Summers. Having regard to appropriate teacher/pupil relationship and the ./Flatley__John_-_Web_Decision1.pdf-relevant code of conduct and social media policy, the panel concluded that such actions ./Flatley__John_-_Web_Decision1.pdf-amounted to a failure to maintain appropriate professional standards and appropriate ./Flatley__John_-_Web_Decision1.pdf-professional boundaries. Consequently, the panel find this allegation to be proved. ./Flatley__John_-_Web_Decision1.pdf- ./Flatley__John_-_Web_Decision1.pdf- 3. In relation to Pupil A, after the prom you sent Snapchat messages to her ./Flatley__John_-_Web_Decision1.pdf: which were flirty in tone and/or contained sexualised content including but ./Flatley__John_-_Web_Decision1.pdf- not limited to: ./Flatley__John_-_Web_Decision1.pdf- ./Flatley__John_-_Web_Decision1.pdf- a. “U could have sent me some really naughty pics”, ./Flatley__John_-_Web_Decision1.pdf- ./Flatley__John_-_Web_Decision1.pdf- b. “Well you do love ur bed so u might as well spoil me with snaps”, ./Flatley__John_-_Web_Decision1.pdf- ./Flatley__John_-_Web_Decision1.pdf- c. “You look amazing”, ./Flatley__John_-_Web_Decision1.pdf- ./Flatley__John_-_Web_Decision1.pdf- d. “U look so good”, ./Flatley__John_-_Web_Decision1.pdf- -- ./Flatley__John_-_Web_Decision1.pdf-details of the handwritten note by Individual C of her meeting with Pupil A dated 22 ./Flatley__John_-_Web_Decision1.pdf-September 2015, she stated that Mr Flatley invited her to his house. ./Flatley__John_-_Web_Decision1.pdf- ./Flatley__John_-_Web_Decision1.pdf-The panel also had regard to the disciplinary interview with Mr Flatley dated 14 October ./Flatley__John_-_Web_Decision1.pdf-2015, undertaken by Gordon’s School, his then employer, during which Mr Flatley ./Flatley__John_-_Web_Decision1.pdf-accepted that he had sent Pupil A the messages as described in 3(a) to 3(j) above. ./Flatley__John_-_Web_Decision1.pdf- ./Flatley__John_-_Web_Decision1.pdf-The panel had regard to the Gordon’s School staff code of conduct, and the provisions of ./Flatley__John_-_Web_Decision1.pdf-the social media policy, as noted above. In addition, the panel noted that the staff code of ./Flatley__John_-_Web_Decision1.pdf-conduct provides that “Staff must … avoid any form of communication with a child or ./Flatley__John_-_Web_Decision1.pdf:young person which could be interpreted as sexually suggestive or provocative”. ./Flatley__John_-_Web_Decision1.pdf- ./Flatley__John_-_Web_Decision1.pdf-The panel considered all the evidence, and on the balance of probabilities the panel ./Flatley__John_-_Web_Decision1.pdf-believed that Mr Flatley was more likely than not to have sent the messages in the terms ./Flatley__John_-_Web_Decision1.pdf-outlined in the allegation. Having regard to appropriate teacher/pupil relationship, and the ./Flatley__John_-_Web_Decision1.pdf-relevant code of conduct and social media policy, the panel concluded that such actions ./Flatley__John_-_Web_Decision1.pdf-amounted to a failure to maintain appropriate professional standards and appropriate ./Flatley__John_-_Web_Decision1.pdf-professional boundaries. Consequently, the panel find this allegation to be proved. ./Flatley__John_-_Web_Decision1.pdf- ./Flatley__John_-_Web_Decision1.pdf- 4. In relation to Pupil B, after the prom, you sent Snapchat messaged to her ./Flatley__John_-_Web_Decision1.pdf: which were flirty in tone and/or contained sexualised content including but ./Flatley__John_-_Web_Decision1.pdf- not limited to: ./Flatley__John_-_Web_Decision1.pdf- ./Flatley__John_-_Web_Decision1.pdf- a. Asking whether Pupil B had a “cheeky side” or words to the effect, ./Flatley__John_-_Web_Decision1.pdf- ./Flatley__John_-_Web_Decision1.pdf- b. “What do you do in bed” or words to that effect, ./Flatley__John_-_Web_Decision1.pdf- ./Flatley__John_-_Web_Decision1.pdf- c. Telling her she was “too boring because she was shy” or words to ./Flatley__John_-_Web_Decision1.pdf- that effect, ./Flatley__John_-_Web_Decision1.pdf- ./Flatley__John_-_Web_Decision1.pdf- d. Telling her she was not getting him “excited” or words to that effect; ./Flatley__John_-_Web_Decision1.pdf- ./Flatley__John_-_Web_Decision1.pdf-The panel again noted Mr Flatley’s admission of the facts of this allegation in the ./Flatley__John_-_Web_Decision1.pdf-Statement of Agreed Facts dated 20 March 2017. In addition, the panel had regard to the ./Flatley__John_-_Web_Decision1.pdf-written evidence of Pupil B where she described the content of the messages received. ./Flatley__John_-_Web_Decision1.pdf-The panel had regard to the Gordon’s School staff code of conduct, and the key ./Flatley__John_-_Web_Decision1.pdf-provisions of the social media policy, as noted above. In addition, the panel noted that ./Flatley__John_-_Web_Decision1.pdf-the staff code of conduct provides that “Staff must … avoid any form of communication ./Flatley__John_-_Web_Decision1.pdf:with a child or young person which could be interpreted as sexually suggestive or ./Flatley__John_-_Web_Decision1.pdf-provocative”. ./Flatley__John_-_Web_Decision1.pdf- ./Flatley__John_-_Web_Decision1.pdf- ./Flatley__John_-_Web_Decision1.pdf- 9 ./Flatley__John_-_Web_Decision1.pdf- -- ./Flatley__John_-_Web_Decision1.pdf-The panel considered all the evidence, and on the balance of probabilities the panel ./Flatley__John_-_Web_Decision1.pdf-believed that Mr Flatley was more likely than not to have sent the messages in the terms ./Flatley__John_-_Web_Decision1.pdf-outlined in the allegation. Having regard to appropriate teacher/pupil relationship, and the ./Flatley__John_-_Web_Decision1.pdf-relevant code of conduct and social media policy, the panel concluded that such actions ./Flatley__John_-_Web_Decision1.pdf-amounted to a failure to maintain appropriate professional standards and appropriate ./Flatley__John_-_Web_Decision1.pdf-professional boundaries. Consequently, the panel find this allegation to be proved. ./Flatley__John_-_Web_Decision1.pdf- 5. Your conduct as set out at paragraphs 1 and/or 2 and/or 3 and/or 4 above ./Flatley__John_-_Web_Decision1.pdf: was sexually motivated ./Flatley__John_-_Web_Decision1.pdf- ./Flatley__John_-_Web_Decision1.pdf-As the panel found allegations 1, 2, 3 and 4 to be proved, the panel went on to consider ./Flatley__John_-_Web_Decision1.pdf:the two stage test for sexual motivation – firstly, whether on the balance of probabilities a ./Flatley__John_-_Web_Decision1.pdf:reasonable person would think the actions could be sexual and secondly whether, in all ./Flatley__John_-_Web_Decision1.pdf-the circumstances of the conduct in the case, it was more likely than not that the ./Flatley__John_-_Web_Decision1.pdf:teacher’s purpose in such actions was sexual. ./Flatley__John_-_Web_Decision1.pdf- ./Flatley__John_-_Web_Decision1.pdf-In the Statement of Agreed Facts dated 20 March 2017, Mr Flatley accepted that his ./Flatley__John_-_Web_Decision1.pdf:actions were sexually motivated. ./Flatley__John_-_Web_Decision1.pdf- ./Flatley__John_-_Web_Decision1.pdf-The panel noted that the facts of the allegations found to be proved against Mr Flatley, ./Flatley__John_-_Web_Decision1.pdf-which included sending pupils inappropriate messages, would be viewed by a reasonable ./Flatley__John_-_Web_Decision1.pdf:person as sexual. In reaching its decision, the panel noted that the very nature of his ./Flatley__John_-_Web_Decision1.pdf-actions, in exchanging Snapchat details with pupils and proceeding to message them, ./Flatley__John_-_Web_Decision1.pdf-coupled with the content of the messages, would suffice to satisfy this element of the ./Flatley__John_-_Web_Decision1.pdf-test. ./Flatley__John_-_Web_Decision1.pdf- ./Flatley__John_-_Web_Decision1.pdf-Turning to the second limb, whether in all the circumstances of the conduct of the case, ./Flatley__John_-_Web_Decision1.pdf:the purpose of such actions was sexual on Mr Flatley’s part. The panel was satisfied, in ./Flatley__John_-_Web_Decision1.pdf-the absence of any other reasonable explanation and as a result of the proven facts, that ./Flatley__John_-_Web_Decision1.pdf:Mr Flatley’s intention behind these actions was indeed sexual. Therefore, the panel found ./Flatley__John_-_Web_Decision1.pdf-this allegation to be proved. ./Flatley__John_-_Web_Decision1.pdf- ./Flatley__John_-_Web_Decision1.pdf-Findings as to unacceptable professional conduct and/or conduct that ./Flatley__John_-_Web_Decision1.pdf-may bring the profession into disrepute ./Flatley__John_-_Web_Decision1.pdf-Having found the allegations to have been proven, the panel has gone on to consider ./Flatley__John_-_Web_Decision1.pdf-whether the facts of those proven allegations amount to unacceptable professional ./Flatley__John_-_Web_Decision1.pdf-conduct and/or conduct that may bring the profession into disrepute. ./Flatley__John_-_Web_Decision1.pdf- ./Flatley__John_-_Web_Decision1.pdf-In doing so, the panel has had regard to the document Teacher misconduct: The ./Flatley__John_-_Web_Decision1.pdf-prohibition of teachers, which the panel refers to as “the Advice”. -- ./Flatley__John_-_Web_Decision1.pdf- practices of the school in which they teach, and maintain high standards in their ./Flatley__John_-_Web_Decision1.pdf- own attendance and punctuality. ./Flatley__John_-_Web_Decision1.pdf-  Teachers must have an understanding of, and always act within, the statutory ./Flatley__John_-_Web_Decision1.pdf- frameworks which set out their professional duties and responsibilities. ./Flatley__John_-_Web_Decision1.pdf-The panel was satisfied that the conduct of Mr Flatley, which involved exchanging ./Flatley__John_-_Web_Decision1.pdf-Snapchat contact details with pupils and subsequently sending inappropriate messages ./Flatley__John_-_Web_Decision1.pdf-via Snapchat, fell significantly short of the standards expected of the profession. ./Flatley__John_-_Web_Decision1.pdf- ./Flatley__John_-_Web_Decision1.pdf-The panel also considered whether Mr Flatley’s conduct displayed behaviours associated ./Flatley__John_-_Web_Decision1.pdf-with any of the offences listed on pages 8 and 9 of the Advice and the panel found that ./Flatley__John_-_Web_Decision1.pdf:the offence of sexual activity was relevant. The Advice indicates that where behaviours ./Flatley__John_-_Web_Decision1.pdf-associated with such an offence exist, a panel is likely to conclude that an individual’s ./Flatley__John_-_Web_Decision1.pdf-conduct would amount to unacceptable professional conduct. ./Flatley__John_-_Web_Decision1.pdf- ./Flatley__John_-_Web_Decision1.pdf-The panel noted that the allegations took place outside of the education setting and in ./Flatley__John_-_Web_Decision1.pdf-such circumstances misconduct will only amount to unacceptable professional conduct if ./Flatley__John_-_Web_Decision1.pdf-it affects the way the person fulfils their teaching role or may lead to pupils’ being ./Flatley__John_-_Web_Decision1.pdf-exposed to or influenced by the behaviour in a harmful way. The panel noted that the ./Flatley__John_-_Web_Decision1.pdf-facts surrounding the allegations were not said to have impacted the manner in which Mr ./Flatley__John_-_Web_Decision1.pdf-Flatley fulfilled his role as a teacher. However, there is clear evidence from the underlying ./Flatley__John_-_Web_Decision1.pdf-facts that Mr Flatley’s conduct may have led to pupil’s being exposed to or influenced by ./Flatley__John_-_Web_Decision1.pdf:his behaviour in a harmful way, not least due to the sexualised nature of the messages. ./Flatley__John_-_Web_Decision1.pdf- ./Flatley__John_-_Web_Decision1.pdf-Accordingly, the panel is satisfied that Mr Flatley is guilty of unacceptable professional ./Flatley__John_-_Web_Decision1.pdf-conduct. ./Flatley__John_-_Web_Decision1.pdf- ./Flatley__John_-_Web_Decision1.pdf-The panel has taken into account how the teaching profession is viewed by others and ./Flatley__John_-_Web_Decision1.pdf-considered the influence that teachers may have on pupils, parents and others in the ./Flatley__John_-_Web_Decision1.pdf-community. The panel has taken account of the uniquely influential role that teachers can ./Flatley__John_-_Web_Decision1.pdf-hold in pupils’ lives and that pupils must be able to view teachers as role models in the ./Flatley__John_-_Web_Decision1.pdf-way they behave. ./Flatley__John_-_Web_Decision1.pdf- -- ./Flatley__John_-_Web_Decision1.pdf-measure, and whether it is in the public interest to do so. Prohibition orders should not be ./Flatley__John_-_Web_Decision1.pdf-given in order to be punitive, or to show that blame has been apportioned, although they ./Flatley__John_-_Web_Decision1.pdf-are likely to have a punitive effect. ./Flatley__John_-_Web_Decision1.pdf- ./Flatley__John_-_Web_Decision1.pdf-The panel has considered the particular public interest considerations set out in the ./Flatley__John_-_Web_Decision1.pdf-Advice and having done so has found a number of them to be relevant in this case, ./Flatley__John_-_Web_Decision1.pdf-namely the protection of pupils, the maintenance of public confidence in the profession, ./Flatley__John_-_Web_Decision1.pdf-and declaring and upholding proper standards of conduct. ./Flatley__John_-_Web_Decision1.pdf- ./Flatley__John_-_Web_Decision1.pdf-In light of the panel’s findings against Mr Flatley, which involved exchanging Snapchat ./Flatley__John_-_Web_Decision1.pdf:contact details and sending inappropriate, and at times sexualised, messages to pupils, ./Flatley__John_-_Web_Decision1.pdf-there is a strong public interest consideration in respect of the protection of pupils given ./Flatley__John_-_Web_Decision1.pdf-the serious findings of inappropriate actions involving children. ./Flatley__John_-_Web_Decision1.pdf- ./Flatley__John_-_Web_Decision1.pdf-Similarly, the panel considers that public confidence in the profession could be seriously ./Flatley__John_-_Web_Decision1.pdf-weakened if conduct such as that found against Mr Flatley were not treated with the ./Flatley__John_-_Web_Decision1.pdf-utmost seriousness when regulating the conduct of the profession. ./Flatley__John_-_Web_Decision1.pdf- ./Flatley__John_-_Web_Decision1.pdf-The panel considered that a strong public interest consideration in declaring proper ./Flatley__John_-_Web_Decision1.pdf-standards of conduct in the profession was also present as the conduct found against Mr ./Flatley__John_-_Web_Decision1.pdf-Flatley was outside that which could reasonably be tolerated. -- ./Flatley__John_-_Web_Decision1.pdf- Teachers’ Standards. ./Flatley__John_-_Web_Decision1.pdf-The panel found that Mr Flatley’s conduct involved serious departures from the personal ./Flatley__John_-_Web_Decision1.pdf-and professional conduct elements of the Teachers’ Standards, as the panel has already ./Flatley__John_-_Web_Decision1.pdf-detailed above. ./Flatley__John_-_Web_Decision1.pdf- ./Flatley__John_-_Web_Decision1.pdf-  Misconduct seriously affecting the education and/or well-being of pupils, and ./Flatley__John_-_Web_Decision1.pdf- particularly where there is a continuing risk. ./Flatley__John_-_Web_Decision1.pdf-The panel noted that pupils were upset following receipt of the messages and one pupil ./Flatley__John_-_Web_Decision1.pdf-is receiving counselling. ./Flatley__John_-_Web_Decision1.pdf- ./Flatley__John_-_Web_Decision1.pdf:  Sexual misconduct, eg involving actions that were sexually motivated or of a ./Flatley__John_-_Web_Decision1.pdf: sexual nature and/or that use or exploit the trust, knowledge or influence derived ./Flatley__John_-_Web_Decision1.pdf- from the individual’s professional position. ./Flatley__John_-_Web_Decision1.pdf:The panel found allegation 5 proven, noting that Mr Flatley’s actions were sexually ./Flatley__John_-_Web_Decision1.pdf-motivated. ./Flatley__John_-_Web_Decision1.pdf- ./Flatley__John_-_Web_Decision1.pdf-Even though there were behaviours that would point to a prohibition order being ./Flatley__John_-_Web_Decision1.pdf-appropriate, the panel went on to consider whether or not there were sufficient mitigating ./Flatley__John_-_Web_Decision1.pdf-factors to militate against a prohibition order being an appropriate and proportionate ./Flatley__John_-_Web_Decision1.pdf-measure to impose, particularly taking into account the nature and severity of the ./Flatley__John_-_Web_Decision1.pdf-behaviour in this case. ./Flatley__John_-_Web_Decision1.pdf- ./Flatley__John_-_Web_Decision1.pdf-Given the nature of the behaviour, the panel held that Mr Flatley’s actions were ./Flatley__John_-_Web_Decision1.pdf-deliberate and had seen no evidence to suggest that he was acting under duress. The -- ./Flatley__John_-_Web_Decision1.pdf-The panel is of the view that prohibition is both proportionate and appropriate. The panel ./Flatley__John_-_Web_Decision1.pdf-decided that the public interest considerations outweigh the interests of Mr Flatley. The ./Flatley__John_-_Web_Decision1.pdf:sexualised content of the messages sent to pupils, in particular Pupil A, coupled with the ./Flatley__John_-_Web_Decision1.pdf-impact upon those pupils, was a significant factor in forming that opinion. Accordingly, the ./Flatley__John_-_Web_Decision1.pdf-panel makes a recommendation to the Secretary of State that a prohibition order should ./Flatley__John_-_Web_Decision1.pdf-be imposed with immediate effect. ./Flatley__John_-_Web_Decision1.pdf- ./Flatley__John_-_Web_Decision1.pdf-The panel went on to consider whether or not it would be appropriate to decide to ./Flatley__John_-_Web_Decision1.pdf-recommend that a review period of the order should be considered. The panel was ./Flatley__John_-_Web_Decision1.pdf-mindful that the Advice states that a prohibition order applies for life, but there may be ./Flatley__John_-_Web_Decision1.pdf-circumstances in any given case that may make it appropriate to allow a teacher to apply ./Flatley__John_-_Web_Decision1.pdf-to have the prohibition order reviewed after a specified period of time that may not be ./Flatley__John_-_Web_Decision1.pdf-less than 2 years. ./Flatley__John_-_Web_Decision1.pdf- ./Flatley__John_-_Web_Decision1.pdf-The Advice indicates that there are behaviours that, if proven, would militate against a ./Flatley__John_-_Web_Decision1.pdf:review period being recommended. One of these behaviours includes serious sexual ./Flatley__John_-_Web_Decision1.pdf:misconduct, eg where the act was sexually motivated and resulted in or had the potential ./Flatley__John_-_Web_Decision1.pdf-to result in, harm to a person or persons, particularly where the individual has used their ./Flatley__John_-_Web_Decision1.pdf-professional position to influence or exploit a person or persons. The panel has found ./Flatley__John_-_Web_Decision1.pdf:that Mr Flatley has been responsible for sending sexualised messages to pupils, such ./Flatley__John_-_Web_Decision1.pdf:actions being sexually motivated. These messages were sent over a number of weeks ./Flatley__John_-_Web_Decision1.pdf-and to a number of pupils. Furthermore, the panel note that one pupil is still receiving ./Flatley__John_-_Web_Decision1.pdf-counselling as a result of these actions. Having said that, Mr Flatley showed significant ./Flatley__John_-_Web_Decision1.pdf-remorse for his actions and the impact upon pupils. The panel acknowledged that Mr ./Flatley__John_-_Web_Decision1.pdf-Flatley admitted the allegations at the first potential opportunity, during Gordon’s School’s ./Flatley__John_-_Web_Decision1.pdf-disciplinary hearing. Despite this, the panel felt the findings indicated a situation in which ./Flatley__John_-_Web_Decision1.pdf-a review period would not be appropriate and as such decided that it would be ./Flatley__John_-_Web_Decision1.pdf-proportionate in all the circumstances for the prohibition order to be recommended ./Flatley__John_-_Web_Decision1.pdf-without provision for a review period. ./Flatley__John_-_Web_Decision1.pdf- ./Flatley__John_-_Web_Decision1.pdf- -- ./Flatley__John_-_Web_Decision1.pdf- own attendance and punctuality. ./Flatley__John_-_Web_Decision1.pdf-  Teachers must have an understanding of, and always act within, the statutory ./Flatley__John_-_Web_Decision1.pdf- frameworks which set out their professional duties and responsibilities. ./Flatley__John_-_Web_Decision1.pdf-The panel has shown that it was satisfied that the conduct of Mr Flatley, which involved ./Flatley__John_-_Web_Decision1.pdf-exchanging Snapchat contact details with pupils and subsequently sending inappropriate ./Flatley__John_-_Web_Decision1.pdf-messages via Snapchat, fell significantly short of the standards expected of the ./Flatley__John_-_Web_Decision1.pdf-profession. ./Flatley__John_-_Web_Decision1.pdf- ./Flatley__John_-_Web_Decision1.pdf-The panel also considered whether Mr Flatley’s conduct displayed behaviours associated ./Flatley__John_-_Web_Decision1.pdf-with any of the offences listed on pages 8 and 9 of the Advice and the panel found that ./Flatley__John_-_Web_Decision1.pdf:the offence of sexual activity was relevant. The Advice indicates that where behaviours ./Flatley__John_-_Web_Decision1.pdf-associated with such an offence exist, a panel is likely to conclude that an individual’s ./Flatley__John_-_Web_Decision1.pdf-conduct would amount to unacceptable professional conduct. ./Flatley__John_-_Web_Decision1.pdf- ./Flatley__John_-_Web_Decision1.pdf-Having found unacceptable professional conduct and conduct that may bring the ./Flatley__John_-_Web_Decision1.pdf-profession into disrepute, the panel has gone on to make its recommendations to me in ./Flatley__John_-_Web_Decision1.pdf-respect of sanction and review. ./Flatley__John_-_Web_Decision1.pdf- ./Flatley__John_-_Web_Decision1.pdf-In considering those recommendations I have weighed the various elements of the public ./Flatley__John_-_Web_Decision1.pdf-interest with the interests of the teacher. I have taken particular account of the public ./Flatley__John_-_Web_Decision1.pdf-interest in enabling good teachers to remain in the profession. In certain cases, a -- ./Flatley__John_-_Web_Decision1.pdf-  Misconduct seriously affecting the education and/or well-being of pupils, and ./Flatley__John_-_Web_Decision1.pdf- particularly where there is a continuing risk. ./Flatley__John_-_Web_Decision1.pdf-The panel noted that pupils were upset following receipt of the messages and one pupil ./Flatley__John_-_Web_Decision1.pdf-is receiving counselling. The panel also identify: ./Flatley__John_-_Web_Decision1.pdf- ./Flatley__John_-_Web_Decision1.pdf:  Sexual misconduct, eg involving actions that were sexually motivated or of a ./Flatley__John_-_Web_Decision1.pdf: sexual nature and/or that use or exploit the trust, knowledge or influence derived ./Flatley__John_-_Web_Decision1.pdf- from the individual’s professional position. ./Flatley__John_-_Web_Decision1.pdf:The panel found that Mr Flatley’s actions were sexually motivated. ./Flatley__John_-_Web_Decision1.pdf- ./Flatley__John_-_Web_Decision1.pdf-Having taken all those factors into account I support the recommendation of the panel ./Flatley__John_-_Web_Decision1.pdf-that a prohibition order is proportionate and in the public interest. ./Flatley__John_-_Web_Decision1.pdf- ./Flatley__John_-_Web_Decision1.pdf-I have gone on to consider the matter of a review period. I have taken into account the ./Flatley__John_-_Web_Decision1.pdf-panel’s comments on mitigating factors and on insight and remorse. I note that Mr Flatley ./Flatley__John_-_Web_Decision1.pdf-has admitted the allegations and has “showed significant remorse for his actions and the ./Flatley__John_-_Web_Decision1.pdf-impact upon pupils.” Nonetheless this is a very serious case that had real adverse impact ./Flatley__John_-_Web_Decision1.pdf-upon pupils. Having considered the advice and all of the factors in this case I agree with ./Flatley__John_-_Web_Decision1.pdf-the panel that it is in the public interest and proportionate to impose a prohibition order ./fludgate_matthew__-_9852404_-_web_decision_-_27_february_2014_001.pdf-December 2013. ./fludgate_matthew__-_9852404_-_web_decision_-_27_february_2014_001.pdf- ./fludgate_matthew__-_9852404_-_web_decision_-_27_february_2014_001.pdf-It was alleged that Mr Fludgate was guilty of unacceptable professional conduct/ conduct ./fludgate_matthew__-_9852404_-_web_decision_-_27_february_2014_001.pdf-that may bring the profession into disrepute, in that: ./fludgate_matthew__-_9852404_-_web_decision_-_27_february_2014_001.pdf- ./fludgate_matthew__-_9852404_-_web_decision_-_27_february_2014_001.pdf-Whilst employed at St Edmund Campion Catholic School, Birmingham following the sixth ./fludgate_matthew__-_9852404_-_web_decision_-_27_february_2014_001.pdf-form night out after the Leavers prom on 28 May 2010 he: ./fludgate_matthew__-_9852404_-_web_decision_-_27_february_2014_001.pdf- ./fludgate_matthew__-_9852404_-_web_decision_-_27_february_2014_001.pdf- 1. Spent the night of 28 May 2010 / early morning of 29 May 2010 with a Year 13 ./fludgate_matthew__-_9852404_-_web_decision_-_27_february_2014_001.pdf- female pupil, Pupil A, in his hotel room; ./fludgate_matthew__-_9852404_-_web_decision_-_27_february_2014_001.pdf: 2. Had sexual intercourse with the same Year 13 student in his hotel room; ./fludgate_matthew__-_9852404_-_web_decision_-_27_february_2014_001.pdf- 3. Sent text messages of an inappropriate nature to a different Year 13 pupil, Pupil ./fludgate_matthew__-_9852404_-_web_decision_-_27_february_2014_001.pdf- D, on both 28 and 29 May 2010. ./fludgate_matthew__-_9852404_-_web_decision_-_27_february_2014_001.pdf-In Mr Fludgate’s absence the allegations were taken to have not been admitted. ./fludgate_matthew__-_9852404_-_web_decision_-_27_february_2014_001.pdf- ./fludgate_matthew__-_9852404_-_web_decision_-_27_february_2014_001.pdf- ./fludgate_matthew__-_9852404_-_web_decision_-_27_february_2014_001.pdf-C. Preliminary applications ./fludgate_matthew__-_9852404_-_web_decision_-_27_february_2014_001.pdf-The Panel considered whether this hearing should continue in the absence of Mr ./fludgate_matthew__-_9852404_-_web_decision_-_27_february_2014_001.pdf-Fludgate. ./fludgate_matthew__-_9852404_-_web_decision_-_27_february_2014_001.pdf- ./fludgate_matthew__-_9852404_-_web_decision_-_27_february_2014_001.pdf-The Panel was satisfied that the College has complied with the service requirements of -- ./fludgate_matthew__-_9852404_-_web_decision_-_27_february_2014_001.pdf-We have now carefully considered the case before us and have reached a decision. ./fludgate_matthew__-_9852404_-_web_decision_-_27_february_2014_001.pdf- ./fludgate_matthew__-_9852404_-_web_decision_-_27_february_2014_001.pdf-We confirm that we have read all the documents provided in the bundle in advance of the ./fludgate_matthew__-_9852404_-_web_decision_-_27_february_2014_001.pdf-hearing and have also read all additional documents admitted. ./fludgate_matthew__-_9852404_-_web_decision_-_27_february_2014_001.pdf- ./fludgate_matthew__-_9852404_-_web_decision_-_27_february_2014_001.pdf-Summary of Evidence ./fludgate_matthew__-_9852404_-_web_decision_-_27_february_2014_001.pdf- ./fludgate_matthew__-_9852404_-_web_decision_-_27_february_2014_001.pdf-Mr Fludgate was employed at the School as the Head of Physical Education since 1 ./fludgate_matthew__-_9852404_-_web_decision_-_27_february_2014_001.pdf-September 2004. It was alleged that following a School Leavers Prom on 28 May 2010 ./fludgate_matthew__-_9852404_-_web_decision_-_27_february_2014_001.pdf-he spent the night with a Year 13 female pupil (“Pupil A”) in his hotel room and that he ./fludgate_matthew__-_9852404_-_web_decision_-_27_february_2014_001.pdf:had sexual intercourse with her. It was also alleged that during the course of the evening ./fludgate_matthew__-_9852404_-_web_decision_-_27_february_2014_001.pdf-of 28 May 2010 and on the following day, he sent text messages of an inappropriate ./fludgate_matthew__-_9852404_-_web_decision_-_27_february_2014_001.pdf-nature, to a different Year 13 pupil, “Pupil D”. A criminal trial relating to the events of the ./fludgate_matthew__-_9852404_-_web_decision_-_27_february_2014_001.pdf-above night was held at Birmingham Crown Court in June 2011. Mr Fludgate was ./fludgate_matthew__-_9852404_-_web_decision_-_27_february_2014_001.pdf-acquitted in that trial. Mr Fludgate was dismissed from the School for gross misconduct ./fludgate_matthew__-_9852404_-_web_decision_-_27_february_2014_001.pdf-following a disciplinary hearing held on 22 March 2012. Mr Fludgate appealed that ./fludgate_matthew__-_9852404_-_web_decision_-_27_february_2014_001.pdf-decision, but that appeal was rejected on 31 October 2012. ./fludgate_matthew__-_9852404_-_web_decision_-_27_february_2014_001.pdf- ./fludgate_matthew__-_9852404_-_web_decision_-_27_february_2014_001.pdf-Findings of Fact ./fludgate_matthew__-_9852404_-_web_decision_-_27_february_2014_001.pdf-Our findings of fact are as follows: ./fludgate_matthew__-_9852404_-_web_decision_-_27_february_2014_001.pdf- -- ./fludgate_matthew__-_9852404_-_web_decision_-_27_february_2014_001.pdf-school. Mr Fludgate agreed that they were still students. At page 340 of the Panel ./fludgate_matthew__-_9852404_-_web_decision_-_27_february_2014_001.pdf-Bundle, the transcript shows that Mr Fludgate stated that what he did that night was ./fludgate_matthew__-_9852404_-_web_decision_-_27_february_2014_001.pdf-obviously wholly inappropriate, regardless of whether Pupil A was 17 or 18, because he ./fludgate_matthew__-_9852404_-_web_decision_-_27_february_2014_001.pdf-was her teacher. ./fludgate_matthew__-_9852404_-_web_decision_-_27_february_2014_001.pdf- ./fludgate_matthew__-_9852404_-_web_decision_-_27_february_2014_001.pdf-The Panel were satisfied that Pupil A was a pupil of the school on the relevant dates. ./fludgate_matthew__-_9852404_-_web_decision_-_27_february_2014_001.pdf- ./fludgate_matthew__-_9852404_-_web_decision_-_27_february_2014_001.pdf-Within the Panel Bundle there is a copy of a note of a conversation the Headteacher had ./fludgate_matthew__-_9852404_-_web_decision_-_27_february_2014_001.pdf-with Mr Fludgate on 8 June 2010 (page 86 of the Panel Bundle). In this note it is ./fludgate_matthew__-_9852404_-_web_decision_-_27_february_2014_001.pdf-recorded that Mr Fludgate admitted spending the night in the hotel room with Pupil A, but ./fludgate_matthew__-_9852404_-_web_decision_-_27_february_2014_001.pdf:denied that sexual intercourse had taken place between them, and that it was for Pupil A ./fludgate_matthew__-_9852404_-_web_decision_-_27_february_2014_001.pdf:to prove that sexual intercourse had taken place. ./fludgate_matthew__-_9852404_-_web_decision_-_27_february_2014_001.pdf- ./fludgate_matthew__-_9852404_-_web_decision_-_27_february_2014_001.pdf-During the course of the criminal trial, the transcript of Mr Fludgate’s evidence shows that ./fludgate_matthew__-_9852404_-_web_decision_-_27_february_2014_001.pdf-he stated that, following the “Leavers’” meal on 28 May 2010, he went into his hotel room ./fludgate_matthew__-_9852404_-_web_decision_-_27_february_2014_001.pdf-with Pupil A at just before 3:30am (page 305 of the Panel Bundle) and that he left the ./fludgate_matthew__-_9852404_-_web_decision_-_27_february_2014_001.pdf-hotel room with her just before 8:45am (page 312 of the Panel Bundle). ./fludgate_matthew__-_9852404_-_web_decision_-_27_february_2014_001.pdf- ./fludgate_matthew__-_9852404_-_web_decision_-_27_february_2014_001.pdf-The Panel therefore finds this allegation proven. ./fludgate_matthew__-_9852404_-_web_decision_-_27_february_2014_001.pdf- ./fludgate_matthew__-_9852404_-_web_decision_-_27_february_2014_001.pdf-2. Whilst employed at St Edmund Campion Catholic School, ./fludgate_matthew__-_9852404_-_web_decision_-_27_february_2014_001.pdf-Birmingham following the sixth form night out after the Leavers’ prom ./fludgate_matthew__-_9852404_-_web_decision_-_27_february_2014_001.pdf:on 28 May 2010 he had sexual intercourse with the same Year 13 ./fludgate_matthew__-_9852404_-_web_decision_-_27_february_2014_001.pdf-student in his hotel room. ./fludgate_matthew__-_9852404_-_web_decision_-_27_february_2014_001.pdf- ./fludgate_matthew__-_9852404_-_web_decision_-_27_february_2014_001.pdf-During the course of the criminal trial, the transcript of that trial shows that Mr Fludgate ./fludgate_matthew__-_9852404_-_web_decision_-_27_february_2014_001.pdf:stated, under oath, that he had sexual intercourse with Pupil A in his hotel room (pages ./fludgate_matthew__-_9852404_-_web_decision_-_27_february_2014_001.pdf-305 – 308 of the Panel Bundle). Pupil A also gave evidence under oath of having had ./fludgate_matthew__-_9852404_-_web_decision_-_27_february_2014_001.pdf:sexual intercourse with Mr Fludgate (pages 232 – 233 of the Panel Bundle). ./fludgate_matthew__-_9852404_-_web_decision_-_27_february_2014_001.pdf- ./fludgate_matthew__-_9852404_-_web_decision_-_27_february_2014_001.pdf-This allegation is therefore found proven. ./fludgate_matthew__-_9852404_-_web_decision_-_27_february_2014_001.pdf- ./fludgate_matthew__-_9852404_-_web_decision_-_27_february_2014_001.pdf-3. Whilst employed at St Edmund Campion Catholic School, ./fludgate_matthew__-_9852404_-_web_decision_-_27_february_2014_001.pdf-Birmingham following the sixth form night out after the Leavers’ prom ./fludgate_matthew__-_9852404_-_web_decision_-_27_february_2014_001.pdf-on 28 May 2010 he sent text messages of an inappropriate nature to a ./fludgate_matthew__-_9852404_-_web_decision_-_27_february_2014_001.pdf-different Year 13 pupil, Pupil D, on both 28 and 29 May 2010. ./fludgate_matthew__-_9852404_-_web_decision_-_27_february_2014_001.pdf- ./fludgate_matthew__-_9852404_-_web_decision_-_27_february_2014_001.pdf-A number of text messages were produced by the Headteacher in evidence which she ./fludgate_matthew__-_9852404_-_web_decision_-_27_february_2014_001.pdf-stated had been obtained from the mobile phone of a pupil, who she believed to be Pupil -- ./fludgate_matthew__-_9852404_-_web_decision_-_27_february_2014_001.pdf- own attendance and punctuality; ./fludgate_matthew__-_9852404_-_web_decision_-_27_february_2014_001.pdf-  Teachers must have an understanding of, and always act within, the statutory ./fludgate_matthew__-_9852404_-_web_decision_-_27_february_2014_001.pdf- frameworks which set out their professional duties and responsibilities. ./fludgate_matthew__-_9852404_-_web_decision_-_27_february_2014_001.pdf-The Panel is satisfied that the conduct of Mr Fludgate fell significantly short of the ./fludgate_matthew__-_9852404_-_web_decision_-_27_february_2014_001.pdf-standards expected of the profession. Mr Fludgate had received effective Safeguarding ./fludgate_matthew__-_9852404_-_web_decision_-_27_february_2014_001.pdf-training from the School which had made its teachers alive to good practice. ./fludgate_matthew__-_9852404_-_web_decision_-_27_february_2014_001.pdf- ./fludgate_matthew__-_9852404_-_web_decision_-_27_february_2014_001.pdf-The Panel notes that the allegations took place outside of the education setting. Mr ./fludgate_matthew__-_9852404_-_web_decision_-_27_february_2014_001.pdf-Fludgate accepted that Pupil A had been drunk that evening (page 334 of the Panel ./fludgate_matthew__-_9852404_-_web_decision_-_27_february_2014_001.pdf-Bundle). The Panel considered that he flagrantly breached his duty of care towards her. ./fludgate_matthew__-_9852404_-_web_decision_-_27_february_2014_001.pdf:He had sexual intercourse with Pupil A despite being in a position of trust. The risk to ./fludgate_matthew__-_9852404_-_web_decision_-_27_february_2014_001.pdf-Pupil A was exacerbated by the absence of the use of protection. ./fludgate_matthew__-_9852404_-_web_decision_-_27_february_2014_001.pdf- ./fludgate_matthew__-_9852404_-_web_decision_-_27_february_2014_001.pdf-Accordingly, the Panel is satisfied that Mr Fludgate is guilty of unacceptable professional ./fludgate_matthew__-_9852404_-_web_decision_-_27_february_2014_001.pdf-conduct. ./fludgate_matthew__-_9852404_-_web_decision_-_27_february_2014_001.pdf- ./fludgate_matthew__-_9852404_-_web_decision_-_27_february_2014_001.pdf-The Panel has taken into account how the teaching profession is viewed by others and ./fludgate_matthew__-_9852404_-_web_decision_-_27_february_2014_001.pdf-considered the influence that teachers may have on pupils, parents and others in the ./fludgate_matthew__-_9852404_-_web_decision_-_27_february_2014_001.pdf-community. The Panel has taken account of the influential role that teachers can hold in ./fludgate_matthew__-_9852404_-_web_decision_-_27_february_2014_001.pdf-pupils’ lives and that pupils must be able to view teachers as role models in the way they ./fludgate_matthew__-_9852404_-_web_decision_-_27_february_2014_001.pdf-behave. -- ./fludgate_matthew__-_9852404_-_web_decision_-_27_february_2014_001.pdf-be given in order to be punitive, or to show that blame has been apportioned, although ./fludgate_matthew__-_9852404_-_web_decision_-_27_february_2014_001.pdf-they are likely to have punitive effect. ./fludgate_matthew__-_9852404_-_web_decision_-_27_february_2014_001.pdf- ./fludgate_matthew__-_9852404_-_web_decision_-_27_february_2014_001.pdf-The Panel has considered the particular public interest considerations set out in the ./fludgate_matthew__-_9852404_-_web_decision_-_27_february_2014_001.pdf-Teacher Misconduct – Prohibition of Teachers Advice and having done so has found all ./fludgate_matthew__-_9852404_-_web_decision_-_27_february_2014_001.pdf-of them to be relevant in this case, namely the protection of pupils; the maintenance of ./fludgate_matthew__-_9852404_-_web_decision_-_27_february_2014_001.pdf-public confidence in the profession; and declaring and upholding proper standards of ./fludgate_matthew__-_9852404_-_web_decision_-_27_february_2014_001.pdf-conduct. ./fludgate_matthew__-_9852404_-_web_decision_-_27_february_2014_001.pdf- ./fludgate_matthew__-_9852404_-_web_decision_-_27_february_2014_001.pdf:In light of the Panel’s findings against Mr Fludgate, which involved having had sexual ./fludgate_matthew__-_9852404_-_web_decision_-_27_february_2014_001.pdf-intercourse with a pupil, there is a strong public interest consideration in respect of the ./fludgate_matthew__-_9852404_-_web_decision_-_27_february_2014_001.pdf-protection of pupils. ./fludgate_matthew__-_9852404_-_web_decision_-_27_february_2014_001.pdf- ./fludgate_matthew__-_9852404_-_web_decision_-_27_february_2014_001.pdf-Similarly, the Panel considers that public confidence in the profession could be seriously ./fludgate_matthew__-_9852404_-_web_decision_-_27_february_2014_001.pdf-weakened if conduct such as that found against Mr Fludgate were not treated with the ./fludgate_matthew__-_9852404_-_web_decision_-_27_february_2014_001.pdf-utmost seriousness when regulating the conduct of the profession. ./fludgate_matthew__-_9852404_-_web_decision_-_27_february_2014_001.pdf- ./fludgate_matthew__-_9852404_-_web_decision_-_27_february_2014_001.pdf-The Panel considered that a strong public interest consideration in declaring proper ./fludgate_matthew__-_9852404_-_web_decision_-_27_february_2014_001.pdf-standards of conduct in the profession was also present as the conduct found against Mr ./fludgate_matthew__-_9852404_-_web_decision_-_27_february_2014_001.pdf-Fludgate was outside that which could reasonably be tolerated. -- ./fludgate_matthew__-_9852404_-_web_decision_-_27_february_2014_001.pdf-Teachers Advice, which suggests that a prohibition order may be appropriate if certain ./fludgate_matthew__-_9852404_-_web_decision_-_27_february_2014_001.pdf-behaviours of a teacher have been proven. In the list of such behaviours, the Panel ./fludgate_matthew__-_9852404_-_web_decision_-_27_february_2014_001.pdf-considered the following to be relevant in this case; ./fludgate_matthew__-_9852404_-_web_decision_-_27_february_2014_001.pdf- ./fludgate_matthew__-_9852404_-_web_decision_-_27_february_2014_001.pdf-  serious departure from the personal and professional conduct elements of the ./fludgate_matthew__-_9852404_-_web_decision_-_27_february_2014_001.pdf- teachers’ standards; ./fludgate_matthew__-_9852404_-_web_decision_-_27_february_2014_001.pdf-  misconduct seriously affecting the education and/or well being of pupils, and ./fludgate_matthew__-_9852404_-_web_decision_-_27_february_2014_001.pdf- particularly where there is a continuing risk; ./fludgate_matthew__-_9852404_-_web_decision_-_27_february_2014_001.pdf-  abuse of position or trust (particularly involving vulnerable pupils) or violation of the ./fludgate_matthew__-_9852404_-_web_decision_-_27_february_2014_001.pdf- rights of pupils; and ./fludgate_matthew__-_9852404_-_web_decision_-_27_february_2014_001.pdf:  sexual misconduct involving actions that were sexually motivated or of a sexual ./fludgate_matthew__-_9852404_-_web_decision_-_27_february_2014_001.pdf- nature and/or that use or exploit the trust, knowledge or influence derived from the ./fludgate_matthew__-_9852404_-_web_decision_-_27_february_2014_001.pdf- individual’s professional position. ./fludgate_matthew__-_9852404_-_web_decision_-_27_february_2014_001.pdf-Even though there were behaviours that would point to a Prohibition Order being ./fludgate_matthew__-_9852404_-_web_decision_-_27_february_2014_001.pdf-appropriate, the Panel went on to consider whether or not there were sufficient mitigating ./fludgate_matthew__-_9852404_-_web_decision_-_27_february_2014_001.pdf-factors to militate against a Prohibition Order being an appropriate and proportionate ./fludgate_matthew__-_9852404_-_web_decision_-_27_february_2014_001.pdf- ./fludgate_matthew__-_9852404_-_web_decision_-_27_february_2014_001.pdf- 12 ./fludgate_matthew__-_9852404_-_web_decision_-_27_february_2014_001.pdf- -- ./fludgate_matthew__-_9852404_-_web_decision_-_27_february_2014_001.pdf- ./fludgate_matthew__-_9852404_-_web_decision_-_27_february_2014_001.pdf-The Panel went on to consider whether or not it would appropriate for them to decide to ./fludgate_matthew__-_9852404_-_web_decision_-_27_february_2014_001.pdf-recommend that a review period of the order should be considered. The Panel were ./fludgate_matthew__-_9852404_-_web_decision_-_27_february_2014_001.pdf-mindful that the Teacher Misconduct – Prohibition of Teachers Advice advises that a ./fludgate_matthew__-_9852404_-_web_decision_-_27_february_2014_001.pdf-Prohibition Order applies for life, but there may be circumstances in any given case that ./fludgate_matthew__-_9852404_-_web_decision_-_27_february_2014_001.pdf-may make it appropriate to allow a teacher to apply to have the prohibition order ./fludgate_matthew__-_9852404_-_web_decision_-_27_february_2014_001.pdf-reviewed after a specified period of time that may not be less than two years. ./fludgate_matthew__-_9852404_-_web_decision_-_27_february_2014_001.pdf- ./fludgate_matthew__-_9852404_-_web_decision_-_27_february_2014_001.pdf-The Teacher Misconduct – Prohibition of Teachers Advice indicates that there are ./fludgate_matthew__-_9852404_-_web_decision_-_27_february_2014_001.pdf-behaviours that, if proven, would militate against a review period being recommended. ./fludgate_matthew__-_9852404_-_web_decision_-_27_february_2014_001.pdf:One of these behaviours includes serious sexual misconduct. The Panel has found that ./fludgate_matthew__-_9852404_-_web_decision_-_27_february_2014_001.pdf:Mr Fludgate has been responsible for having sexual intercourse with a pupil, which the ./fludgate_matthew__-_9852404_-_web_decision_-_27_february_2014_001.pdf:Panel considers to be serious sexual misconduct. Mr Fludgate has not shown insight ./fludgate_matthew__-_9852404_-_web_decision_-_27_february_2014_001.pdf-into his actions. The Panel were therefore of the view that the findings indicated a ./fludgate_matthew__-_9852404_-_web_decision_-_27_february_2014_001.pdf-situation in which a review period would not be appropriate and as such decided that it ./fludgate_matthew__-_9852404_-_web_decision_-_27_february_2014_001.pdf-would be proportionate in all the circumstances for the Prohibition Order to be ./fludgate_matthew__-_9852404_-_web_decision_-_27_february_2014_001.pdf-recommended without provision for a review period. ./fludgate_matthew__-_9852404_-_web_decision_-_27_february_2014_001.pdf- ./fludgate_matthew__-_9852404_-_web_decision_-_27_february_2014_001.pdf- ./fludgate_matthew__-_9852404_-_web_decision_-_27_february_2014_001.pdf- ./fludgate_matthew__-_9852404_-_web_decision_-_27_february_2014_001.pdf- ./fludgate_matthew__-_9852404_-_web_decision_-_27_february_2014_001.pdf- 13 ./fludgate_matthew__-_9852404_-_web_decision_-_27_february_2014_001.pdf- -- ./fludgate_matthew__-_9852404_-_web_decision_-_27_february_2014_001.pdf-I have considered whether it is in the public interest to accept the recommendation of the ./fludgate_matthew__-_9852404_-_web_decision_-_27_february_2014_001.pdf-panel regarding sanction. Mr Fludgate’s actions were deliberate and there was no ./fludgate_matthew__-_9852404_-_web_decision_-_27_february_2014_001.pdf-evidence that he acted under duress. I have taken into account the previous good ./fludgate_matthew__-_9852404_-_web_decision_-_27_february_2014_001.pdf-behaviour of Mr Fludgate alongside the need to maintain the reputation of the profession ./fludgate_matthew__-_9852404_-_web_decision_-_27_february_2014_001.pdf-in the public interest. In my view it is proportionate and in the public interest to prohibit Mr ./fludgate_matthew__-_9852404_-_web_decision_-_27_february_2014_001.pdf-Fludgate from teaching. ./fludgate_matthew__-_9852404_-_web_decision_-_27_february_2014_001.pdf- ./fludgate_matthew__-_9852404_-_web_decision_-_27_february_2014_001.pdf-I have also given careful consideration to the matter of a review period. I have taken into ./fludgate_matthew__-_9852404_-_web_decision_-_27_february_2014_001.pdf-account the Teacher Misconduct – Prohibition of Teachers Advice which indicates that ./fludgate_matthew__-_9852404_-_web_decision_-_27_february_2014_001.pdf-there are behaviours that, if proven, would militate against a review period. One of these ./fludgate_matthew__-_9852404_-_web_decision_-_27_february_2014_001.pdf:behaviours includes serious sexual misconduct. The Panel has found that Mr Fludgate ./fludgate_matthew__-_9852404_-_web_decision_-_27_february_2014_001.pdf:has been responsible for having sexual intercourse with a pupil, which, like the panel, I ./fludgate_matthew__-_9852404_-_web_decision_-_27_february_2014_001.pdf:consider to be serious sexual misconduct. Mr Fludgate has not shown insight into his ./fludgate_matthew__-_9852404_-_web_decision_-_27_february_2014_001.pdf-actions. In my view therefore this is a case in which a review period would not be ./fludgate_matthew__-_9852404_-_web_decision_-_27_february_2014_001.pdf-appropriate and as such I have decided that it would be proportionate in all the ./fludgate_matthew__-_9852404_-_web_decision_-_27_february_2014_001.pdf-circumstances for the Prohibition Order to be without provision for a review period. ./fludgate_matthew__-_9852404_-_web_decision_-_27_february_2014_001.pdf- ./fludgate_matthew__-_9852404_-_web_decision_-_27_february_2014_001.pdf- ./fludgate_matthew__-_9852404_-_web_decision_-_27_february_2014_001.pdf- ./fludgate_matthew__-_9852404_-_web_decision_-_27_february_2014_001.pdf- 14 ./fludgate_matthew__-_9852404_-_web_decision_-_27_february_2014_001.pdf- ./Foakes_Brian_Leslie-7461045_Web-Decision_amended-19-March-2015.pdf-B. Allegations ./Foakes_Brian_Leslie-7461045_Web-Decision_amended-19-March-2015.pdf-The Panel considered the allegation(s) set out in the Notice of Meeting dated 19 ./Foakes_Brian_Leslie-7461045_Web-Decision_amended-19-March-2015.pdf-February 2015. ./Foakes_Brian_Leslie-7461045_Web-Decision_amended-19-March-2015.pdf- ./Foakes_Brian_Leslie-7461045_Web-Decision_amended-19-March-2015.pdf-It was alleged that Mr Foakes was guilty of having been convicted of relevant offences, in ./Foakes_Brian_Leslie-7461045_Web-Decision_amended-19-March-2015.pdf-that: ./Foakes_Brian_Leslie-7461045_Web-Decision_amended-19-March-2015.pdf- ./Foakes_Brian_Leslie-7461045_Web-Decision_amended-19-March-2015.pdf- 1. On 11 April 2014 he was convicted at York Crown Court of an offence of making ./Foakes_Brian_Leslie-7461045_Web-Decision_amended-19-March-2015.pdf- indecent photograph or pseudo-photograph of children between 01/01/2013 - ./Foakes_Brian_Leslie-7461045_Web-Decision_amended-19-March-2015.pdf- 30/04/2013. He was sentenced to 15 months imprisonment, made subject to a ./Foakes_Brian_Leslie-7461045_Web-Decision_amended-19-March-2015.pdf: sexual offences prevention order for 20 years, sex offender's notice for 10 years, ./Foakes_Brian_Leslie-7461045_Web-Decision_amended-19-March-2015.pdf- and images and equipment seized were forfeited. ./Foakes_Brian_Leslie-7461045_Web-Decision_amended-19-March-2015.pdf- ./Foakes_Brian_Leslie-7461045_Web-Decision_amended-19-March-2015.pdf- ./Foakes_Brian_Leslie-7461045_Web-Decision_amended-19-March-2015.pdf- ./Foakes_Brian_Leslie-7461045_Web-Decision_amended-19-March-2015.pdf- 3 ./Foakes_Brian_Leslie-7461045_Web-Decision_amended-19-March-2015.pdf- -- ./Foakes_Brian_Leslie-7461045_Web-Decision_amended-19-March-2015.pdf- ./Foakes_Brian_Leslie-7461045_Web-Decision_amended-19-March-2015.pdf-Mr Foakes and the presenting officer submitted a Statement of Agreed Facts signed by ./Foakes_Brian_Leslie-7461045_Web-Decision_amended-19-March-2015.pdf-Mr Foakes on 26 January 2015. Mr Foakes admits that he was convicted of four offences ./Foakes_Brian_Leslie-7461045_Web-Decision_amended-19-March-2015.pdf-at York Crown Court on 11 April 2014 and the details of those offences are set out in the ./Foakes_Brian_Leslie-7461045_Web-Decision_amended-19-March-2015.pdf-Statement of Agreed Facts. Mr Foakes accepts that the four offences are relevant ./Foakes_Brian_Leslie-7461045_Web-Decision_amended-19-March-2015.pdf-offences to a person's fitness to be a teacher in accordance with the guidance set out in ./Foakes_Brian_Leslie-7461045_Web-Decision_amended-19-March-2015.pdf-the Department for Education advice document ’The Prohibition of Teachers'. ./Foakes_Brian_Leslie-7461045_Web-Decision_amended-19-March-2015.pdf- ./Foakes_Brian_Leslie-7461045_Web-Decision_amended-19-March-2015.pdf-The Police examination of Mr Foakes' computer found 611 indecent images of children ./Foakes_Brian_Leslie-7461045_Web-Decision_amended-19-March-2015.pdf-ranging from level 1 to level 5 on the Copine scale, a rating system used to categorise ./Foakes_Brian_Leslie-7461045_Web-Decision_amended-19-March-2015.pdf:the severity of images of child sex abuse. There were 671 indecent videos of children ./Foakes_Brian_Leslie-7461045_Web-Decision_amended-19-March-2015.pdf-ranging from level 1 to level 5 on the Copine scale. 15 of the videos had been made ./Foakes_Brian_Leslie-7461045_Web-Decision_amended-19-March-2015.pdf-available for distribution by Mr Foakes. ./Foakes_Brian_Leslie-7461045_Web-Decision_amended-19-March-2015.pdf- ./Foakes_Brian_Leslie-7461045_Web-Decision_amended-19-March-2015.pdf-Amongst the videos were 23 files which showed acts of voyeurism. Three of the videos ./Foakes_Brian_Leslie-7461045_Web-Decision_amended-19-March-2015.pdf-showed Mr Foakes installing a camera in a shower cubicle and 20 of the videos showed ./Foakes_Brian_Leslie-7461045_Web-Decision_amended-19-March-2015.pdf-pre-pubescent males showering naked.The Police had taken statements from staff at a ./Foakes_Brian_Leslie-7461045_Web-Decision_amended-19-March-2015.pdf- ./Foakes_Brian_Leslie-7461045_Web-Decision_amended-19-March-2015.pdf- ./Foakes_Brian_Leslie-7461045_Web-Decision_amended-19-March-2015.pdf- 5 ./Foakes_Brian_Leslie-7461045_Web-Decision_amended-19-March-2015.pdf- ./Fogg_Michael_SoS_decision.pdf-Teacher: Mr Michael Fogg ./Fogg_Michael_SoS_decision.pdf- ./Fogg_Michael_SoS_decision.pdf-Teacher ref number: 1671029 ./Fogg_Michael_SoS_decision.pdf- ./Fogg_Michael_SoS_decision.pdf-Teacher date of birth: 20 May 1991 ./Fogg_Michael_SoS_decision.pdf- ./Fogg_Michael_SoS_decision.pdf-TRA reference: 20849 ./Fogg_Michael_SoS_decision.pdf- ./Fogg_Michael_SoS_decision.pdf-Date of determination: 22 May 2023 ./Fogg_Michael_SoS_decision.pdf- ./Fogg_Michael_SoS_decision.pdf:Former employer: Deneholm Primary School, Essex ./Fogg_Michael_SoS_decision.pdf- ./Fogg_Michael_SoS_decision.pdf- ./Fogg_Michael_SoS_decision.pdf-Introduction ./Fogg_Michael_SoS_decision.pdf-A professional conduct panel (“the panel”) of the Teaching Regulation Agency (“the ./Fogg_Michael_SoS_decision.pdf-TRA”) convened virtually on 22 May 2023, to consider the case of Mr Michael Fogg (“Mr ./Fogg_Michael_SoS_decision.pdf-Fogg”). ./Fogg_Michael_SoS_decision.pdf- ./Fogg_Michael_SoS_decision.pdf-The panel members were Mr Adrian Meadows (teacher panellist – in the chair), Mr ./Fogg_Michael_SoS_decision.pdf-Stephen Chappell (lay panellist) and Ms Victoria Jackson (teacher panellist). ./Fogg_Michael_SoS_decision.pdf- -- ./Fogg_Michael_SoS_decision.pdf- c. Making an indecent photograph or pseudo-photograph of a child, contrary to ./Fogg_Michael_SoS_decision.pdf- s.1(a) of the Protection of Children Act 1978 [5 Category A images]; ./Fogg_Michael_SoS_decision.pdf- ./Fogg_Michael_SoS_decision.pdf- d. Making an indecent photograph or pseudo-photograph of a child, contrary to ./Fogg_Michael_SoS_decision.pdf- s.1(a) of the Protection of Children Act 1978 [5 Category B images and 1 ./Fogg_Michael_SoS_decision.pdf- video]; ./Fogg_Michael_SoS_decision.pdf- ./Fogg_Michael_SoS_decision.pdf- e. Making an indecent photograph or pseudo-photograph of a child, contrary to ./Fogg_Michael_SoS_decision.pdf- s.1(a) of the Protection of Children Act 1978 [19 Category C images]; and/or ./Fogg_Michael_SoS_decision.pdf- ./Fogg_Michael_SoS_decision.pdf: f. One offence of possessing extreme pornographic images, contrary to s.64 ./Fogg_Michael_SoS_decision.pdf- Criminal Justice and Immigration Act 2008 [bestiality]. ./Fogg_Michael_SoS_decision.pdf-Mr Fogg admitted to the facts of the above allegations and that they amounted to a ./Fogg_Michael_SoS_decision.pdf-conviction of a relevant offence. ./Fogg_Michael_SoS_decision.pdf- ./Fogg_Michael_SoS_decision.pdf- ./Fogg_Michael_SoS_decision.pdf-Preliminary applications ./Fogg_Michael_SoS_decision.pdf-There were no preliminary applications. ./Fogg_Michael_SoS_decision.pdf- ./Fogg_Michael_SoS_decision.pdf- ./Fogg_Michael_SoS_decision.pdf-Summary of evidence -- ./Fogg_Michael_SoS_decision.pdf- ./Fogg_Michael_SoS_decision.pdf- ./Fogg_Michael_SoS_decision.pdf-Decision and reasons ./Fogg_Michael_SoS_decision.pdf-The panel carefully considered the case and reached a decision. ./Fogg_Michael_SoS_decision.pdf- ./Fogg_Michael_SoS_decision.pdf-In advance of the meeting, the TRA agreed to a request from Mr Fogg for the allegations ./Fogg_Michael_SoS_decision.pdf-to be considered without a hearing. The panel had the ability to direct that the case be ./Fogg_Michael_SoS_decision.pdf-considered at a hearing if required in the interests of justice or in the public interest. The ./Fogg_Michael_SoS_decision.pdf-panel did not determine that such a direction was necessary or appropriate in this case. ./Fogg_Michael_SoS_decision.pdf- ./Fogg_Michael_SoS_decision.pdf:In May 2020, Essex police were advised that the internet connection at Mr Fogg’s ./Fogg_Michael_SoS_decision.pdf-address was responsible for the upload of indecent images of children to an internet chat ./Fogg_Michael_SoS_decision.pdf-room. On 7 July 2020, Mr Fogg was arrested on suspicion of making, possessing and ./Fogg_Michael_SoS_decision.pdf-distributing indecent images of children. Mr Fogg was employed at Deneholm Primary ./Fogg_Michael_SoS_decision.pdf-School as a PE teacher at the time of his arrest and had given his notice to leave the ./Fogg_Michael_SoS_decision.pdf-school to commence employment at a secondary school. ./Fogg_Michael_SoS_decision.pdf- ./Fogg_Michael_SoS_decision.pdf-On 23 February 2022, Mr Fogg was convicted of making and distributing indecent ./Fogg_Michael_SoS_decision.pdf-images of children and possessing an extreme photographic image. On 26 May 2022, Mr ./Fogg_Michael_SoS_decision.pdf-Fogg was sentenced to six months imprisonment which was suspended for 18 months, a ./Fogg_Michael_SoS_decision.pdf-30 day Rehabilitation Activity Requirement, 150 hours unpaid work and a 7 year Sexual -- ./Fogg_Michael_SoS_decision.pdf-required to accept the certificate of conviction as conclusive proof of both the conviction ./Fogg_Michael_SoS_decision.pdf-and the facts necessarily implied by the conviction, unless exceptional circumstances ./Fogg_Michael_SoS_decision.pdf-apply. ./Fogg_Michael_SoS_decision.pdf- ./Fogg_Michael_SoS_decision.pdf-The panel also reviewed the Transcript of Proceedings, where the Judge stated that ./Fogg_Michael_SoS_decision.pdf-“making involved five category A, five category B and one video and 19 category C’s.” ./Fogg_Michael_SoS_decision.pdf- ./Fogg_Michael_SoS_decision.pdf-The panel found allegation 1(e) proved. ./Fogg_Michael_SoS_decision.pdf- ./Fogg_Michael_SoS_decision.pdf- ./Fogg_Michael_SoS_decision.pdf:f. One offence of possessing extreme pornographic images, contrary to s.64 ./Fogg_Michael_SoS_decision.pdf- Criminal Justice and Immigration Act 2008 [bestiality]. ./Fogg_Michael_SoS_decision.pdf- ./Fogg_Michael_SoS_decision.pdf- ./Fogg_Michael_SoS_decision.pdf-Mr Fogg admitted this allegation in the statement of agreed facts. ./Fogg_Michael_SoS_decision.pdf- ./Fogg_Michael_SoS_decision.pdf- ./Fogg_Michael_SoS_decision.pdf- ./Fogg_Michael_SoS_decision.pdf- 7 ./Fogg_Michael_SoS_decision.pdf- -- ./Fogg_Michael_SoS_decision.pdf-The panel had sight of the certificate of conviction which stated that Mr Fogg who on 23 ./Fogg_Michael_SoS_decision.pdf-February 2022 “was upon his own confession convicted on indictment of possessing ./Fogg_Michael_SoS_decision.pdf:extreme pornographic images.” ./Fogg_Michael_SoS_decision.pdf- ./Fogg_Michael_SoS_decision.pdf-The panel noted that as there had been a conviction of a criminal offence, the panel were ./Fogg_Michael_SoS_decision.pdf-required to accept the certificate of conviction as conclusive proof of both the conviction ./Fogg_Michael_SoS_decision.pdf-and the facts necessarily implied by the conviction, unless exceptional circumstances ./Fogg_Michael_SoS_decision.pdf-apply. ./Fogg_Michael_SoS_decision.pdf- ./Fogg_Michael_SoS_decision.pdf-The panel found allegation 1(f) proved. ./Fogg_Michael_SoS_decision.pdf- ./Fogg_Michael_SoS_decision.pdf- ./Fogg_Michael_SoS_decision.pdf-Findings as to conviction of a relevant offence -- ./Fogg_Michael_SoS_decision.pdf-(albeit that it was suspended), which was indicative of the seriousness of the offences ./Fogg_Michael_SoS_decision.pdf-committed, and which the Advice states is likely to be considered “a relevant offence”. ./Fogg_Michael_SoS_decision.pdf- ./Fogg_Michael_SoS_decision.pdf-This was a case concerning offences involving distributing, making and possessing ./Fogg_Michael_SoS_decision.pdf-indecent photographs or images or indecent pseudo photographs or images of a child. ./Fogg_Michael_SoS_decision.pdf- ./Fogg_Michael_SoS_decision.pdf-The Advice indicates that a conviction for any offence that relates to or involves such ./Fogg_Michael_SoS_decision.pdf-offences is likely to be considered “a relevant offence”. ./Fogg_Michael_SoS_decision.pdf- ./Fogg_Michael_SoS_decision.pdf-The panel noted the gravity of the offences which resulted in Mr Fogg receiving a ./Fogg_Michael_SoS_decision.pdf:suspended prison sentence and the requirement for him to sign the sex offender ./Fogg_Michael_SoS_decision.pdf-notification register to run for seven years. ./Fogg_Michael_SoS_decision.pdf- ./Fogg_Michael_SoS_decision.pdf-The panel took into consideration Mr Fogg’s letter dated 25 November 2022 where he ./Fogg_Michael_SoS_decision.pdf-expressed remorse and regret, however, the panel noted the fact that there was no ./Fogg_Michael_SoS_decision.pdf-evidence to attest to Mr Fogg’s ability as a teacher. ./Fogg_Michael_SoS_decision.pdf- ./Fogg_Michael_SoS_decision.pdf- ./Fogg_Michael_SoS_decision.pdf- 8 ./Fogg_Michael_SoS_decision.pdf- -- ./Fogg_Michael_SoS_decision.pdf-punitive effect. ./Fogg_Michael_SoS_decision.pdf- ./Fogg_Michael_SoS_decision.pdf-The panel had regard to the particular public interest considerations set out in the Advice ./Fogg_Michael_SoS_decision.pdf-and, having done so, found a number of them to be relevant in this case, namely; the ./Fogg_Michael_SoS_decision.pdf-safeguarding and wellbeing of pupils and the protection of other members of the public, ./Fogg_Michael_SoS_decision.pdf-the maintenance of public confidence in the profession and declaring and upholding ./Fogg_Michael_SoS_decision.pdf-proper standards of conduct. ./Fogg_Michael_SoS_decision.pdf- ./Fogg_Michael_SoS_decision.pdf-In the light of the panel’s findings against Mr Fogg, which involved a finding for a ./Fogg_Michael_SoS_decision.pdf-conviction of a relevant offence for distributing and making incident photographs or ./Fogg_Michael_SoS_decision.pdf:pseudo photographs of a child and possessing an extreme pornographic image ./Fogg_Michael_SoS_decision.pdf-[bestiality], there was a strong public interest consideration in respect of the safeguarding ./Fogg_Michael_SoS_decision.pdf-and wellbeing of pupils, given the nature of the conviction. ./Fogg_Michael_SoS_decision.pdf- ./Fogg_Michael_SoS_decision.pdf-Similarly, the panel considered that public confidence in the profession could be seriously ./Fogg_Michael_SoS_decision.pdf-weakened if conduct such as that found against Mr Fogg were not treated with the ./Fogg_Michael_SoS_decision.pdf-utmost seriousness when regulating the conduct of the profession. ./Fogg_Michael_SoS_decision.pdf- ./Fogg_Michael_SoS_decision.pdf-The panel was of the view that a strong public interest consideration in declaring proper ./Fogg_Michael_SoS_decision.pdf-standards of conduct in the profession was also present as the conduct found against Mr ./Fogg_Michael_SoS_decision.pdf-Fogg was significantly outside that which could reasonably be tolerated. -- ./Fogg_Michael_SoS_decision.pdf-that a prohibition order applies for life, but there may be circumstances, in any given ./Fogg_Michael_SoS_decision.pdf-case, that may make it appropriate to allow a teacher to apply to have the prohibition ./Fogg_Michael_SoS_decision.pdf-order reviewed after a specified period of time that may not be less than 2 years. ./Fogg_Michael_SoS_decision.pdf- ./Fogg_Michael_SoS_decision.pdf-The Advice indicates that there are cases involving certain conduct where it is likely that ./Fogg_Michael_SoS_decision.pdf-the public interest will have greater relevance and weigh in favour of not offering a review ./Fogg_Michael_SoS_decision.pdf-period. One of these cases include any activity involving viewing, taking, making, ./Fogg_Michael_SoS_decision.pdf-possessing, distributing or publishing any indecent photograph or image or indecent ./Fogg_Michael_SoS_decision.pdf-pseudo photograph or image of a child, including one off incidents. Mr Fogg was ./Fogg_Michael_SoS_decision.pdf-convicted for distributing and making indecent photographs or pseudo photographs of a ./Fogg_Michael_SoS_decision.pdf:child and possessing an extreme pornographic image, which directly links to the above ./Fogg_Michael_SoS_decision.pdf-offence listed in the advice for not offering a review period. The panel noted the ./Fogg_Michael_SoS_decision.pdf:comments from the Judge, who said “you found sexually enticing images of children ./Fogg_Michael_SoS_decision.pdf-aged, it seems, between about seven to 15.” ./Fogg_Michael_SoS_decision.pdf- ./Fogg_Michael_SoS_decision.pdf-The panel noted Mr Fogg’s remorse, but this did not demonstrate how Mr Fogg has ./Fogg_Michael_SoS_decision.pdf-sought to address his behaviour. The panel placed considerable weight on the comments ./Fogg_Michael_SoS_decision.pdf-from the Judge in the transcript of proceedings, who stated that Mr Fogg “developed an ./Fogg_Michael_SoS_decision.pdf-addiction of some kind to indecent images of children.” The panel noted the nature and ./Fogg_Michael_SoS_decision.pdf-seriousness of the offences for which he received a suspended prison sentence. The ./Fogg_Michael_SoS_decision.pdf-panel considered the risk to the reputation of the profession if Mr Fogg were allowed to ./Fogg_Michael_SoS_decision.pdf-teach again. ./Fogg_Michael_SoS_decision.pdf- -- ./Fogg_Michael_SoS_decision.pdf-In particular, the panel has found that Mr Fogg is in breach of the following standard: ./Fogg_Michael_SoS_decision.pdf- ./Fogg_Michael_SoS_decision.pdf- • Teachers uphold public trust in the profession and maintain high standards of ./Fogg_Michael_SoS_decision.pdf- ethics and behaviour, within and outside school ./Fogg_Michael_SoS_decision.pdf- ./Fogg_Michael_SoS_decision.pdf-The panel finds that the conduct of Mr Fogg fell significantly short of the standards ./Fogg_Michael_SoS_decision.pdf-expected of the profession. ./Fogg_Michael_SoS_decision.pdf- ./Fogg_Michael_SoS_decision.pdf-The findings of misconduct are particularly serious as they include a finding of a ./Fogg_Michael_SoS_decision.pdf-conviction of a relevant offence for distributing and making incident photographs or ./Fogg_Michael_SoS_decision.pdf:pseudo photographs of a child and possessing an extreme pornographic image ./Fogg_Michael_SoS_decision.pdf-[bestiality]. ./Fogg_Michael_SoS_decision.pdf- ./Fogg_Michael_SoS_decision.pdf-I have to determine whether the imposition of a prohibition order is proportionate and in ./Fogg_Michael_SoS_decision.pdf-the public interest. In considering that for this case, I have considered the overall aim of a ./Fogg_Michael_SoS_decision.pdf-prohibition order which is to protect pupils and to maintain public confidence in the ./Fogg_Michael_SoS_decision.pdf-profession. I have considered the extent to which a prohibition order in this case would ./Fogg_Michael_SoS_decision.pdf-achieve that aim taking into account the impact that it will have on the individual teacher. ./Fogg_Michael_SoS_decision.pdf-I have also asked myself, whether a less intrusive measure, such as the published ./Fogg_Michael_SoS_decision.pdf-finding of unacceptable professional conduct and conduct that may bring the profession ./Fogg_Michael_SoS_decision.pdf-into disrepute, would itself be sufficient to achieve the overall aim. I have to consider -- ./Fogg_Michael_SoS_decision.pdf- ./Fogg_Michael_SoS_decision.pdf-I have gone on to consider the matter of a review period. In this case, the panel has ./Fogg_Michael_SoS_decision.pdf-recommended that no provision should be made for a review period. ./Fogg_Michael_SoS_decision.pdf- ./Fogg_Michael_SoS_decision.pdf-I have considered the panel’s comments “The Advice indicates that there are cases ./Fogg_Michael_SoS_decision.pdf-involving certain conduct where it is likely that the public interest will have greater ./Fogg_Michael_SoS_decision.pdf-relevance and weigh in favour of not offering a review period. One of these cases include ./Fogg_Michael_SoS_decision.pdf-any activity involving viewing, taking, making, possessing, distributing or publishing any ./Fogg_Michael_SoS_decision.pdf-indecent photograph or image or indecent pseudo photograph or image of a child, ./Fogg_Michael_SoS_decision.pdf-including one off incidents. Mr Fogg was convicted for distributing and making indecent ./Fogg_Michael_SoS_decision.pdf:photographs or pseudo photographs of a child and possessing an extreme pornographic ./Fogg_Michael_SoS_decision.pdf-image, which directly links to the above offence listed in the advice for not offering a ./Fogg_Michael_SoS_decision.pdf-review period. The panel noted the comments from the Judge, who said “you found ./Fogg_Michael_SoS_decision.pdf-sexually enticing images of children aged, it seems, between about seven to 15.”” ./Fogg_Michael_SoS_decision.pdf- ./Fogg_Michael_SoS_decision.pdf-In this case, factors mean that allowing a review period is not sufficient to achieve the ./Fogg_Michael_SoS_decision.pdf-aim of maintaining public confidence in the profession. These elements are the ./Fogg_Michael_SoS_decision.pdf-seriousness of the findings, involving making indecent photographs or pseudo ./Fogg_Michael_SoS_decision.pdf:photographs of a child and possessing an extreme pornographic image, and the lack of ./Fogg_Michael_SoS_decision.pdf-full insight and remorse. ./Fogg_Michael_SoS_decision.pdf- ./Fogg_Michael_SoS_decision.pdf-I consider therefore that allowing for no review period is necessary to maintain public ./Fogg_Michael_SoS_decision.pdf-confidence and is proportionate and in the public interest. ./Fogg_Michael_SoS_decision.pdf- ./Fogg_Michael_SoS_decision.pdf-This means that Mr Michael Fogg is prohibited from teaching indefinitely and ./Fogg_Michael_SoS_decision.pdf-cannot teach in any school, sixth form college, relevant youth accommodation or ./Fogg_Michael_SoS_decision.pdf-children’s home in England. Furthermore, in view of the seriousness of the allegations ./Fogg_Michael_SoS_decision.pdf-found proved against him, I have decided that Mr Fogg shall not be entitled to apply for ./Fogg_Michael_SoS_decision.pdf-restoration of his eligibility to teach. ./Foster__David_Gordon_-_Web_Decision_-_9248697_-_12_August_2014.pdf-2014. ./Foster__David_Gordon_-_Web_Decision_-_9248697_-_12_August_2014.pdf- ./Foster__David_Gordon_-_Web_Decision_-_9248697_-_12_August_2014.pdf-It was alleged that Mr Foster was guilty of unacceptable professional conduct and / or ./Foster__David_Gordon_-_Web_Decision_-_9248697_-_12_August_2014.pdf-conduct that may bring the profession into disrepute, in that: ./Foster__David_Gordon_-_Web_Decision_-_9248697_-_12_August_2014.pdf- ./Foster__David_Gordon_-_Web_Decision_-_9248697_-_12_August_2014.pdf-Whilst employed at Derby Moor Community Sports College during 2002 to 2013 he ./Foster__David_Gordon_-_Web_Decision_-_9248697_-_12_August_2014.pdf-displayed a pattern of inappropriate and unprofessional behaviour towards staff ./Foster__David_Gordon_-_Web_Decision_-_9248697_-_12_August_2014.pdf-and students, in that he: ./Foster__David_Gordon_-_Web_Decision_-_9248697_-_12_August_2014.pdf- ./Foster__David_Gordon_-_Web_Decision_-_9248697_-_12_August_2014.pdf-1. Made inappropriate statements/comments on more than one occasion, including ./Foster__David_Gordon_-_Web_Decision_-_9248697_-_12_August_2014.pdf:swearing and comments of sexual nature, towards pupils during lesson time; ./Foster__David_Gordon_-_Web_Decision_-_9248697_-_12_August_2014.pdf- ./Foster__David_Gordon_-_Web_Decision_-_9248697_-_12_August_2014.pdf-2. Made inappropriate physical contact with pupils whilst under his supervision ./Foster__David_Gordon_-_Web_Decision_-_9248697_-_12_August_2014.pdf-within a classroom environment on more than one occasion; ./Foster__David_Gordon_-_Web_Decision_-_9248697_-_12_August_2014.pdf- ./Foster__David_Gordon_-_Web_Decision_-_9248697_-_12_August_2014.pdf-3. Acted in an inappropriate and harassing manner towards a colleague, individual ./Foster__David_Gordon_-_Web_Decision_-_9248697_-_12_August_2014.pdf-A. ./Foster__David_Gordon_-_Web_Decision_-_9248697_-_12_August_2014.pdf- ./Foster__David_Gordon_-_Web_Decision_-_9248697_-_12_August_2014.pdf-In a Statement of Agreed Facts signed by Mr Foster on 25 July 2014, Mr Foster has ./Foster__David_Gordon_-_Web_Decision_-_9248697_-_12_August_2014.pdf-admitted the allegations and has admitted that they amount to unacceptable ./Foster__David_Gordon_-_Web_Decision_-_9248697_-_12_August_2014.pdf-professional conduct and conduct that may bring the profession into disrepute. -- ./Foster__David_Gordon_-_Web_Decision_-_9248697_-_12_August_2014.pdf- ./Foster__David_Gordon_-_Web_Decision_-_9248697_-_12_August_2014.pdf-Findings of Fact ./Foster__David_Gordon_-_Web_Decision_-_9248697_-_12_August_2014.pdf-Our findings of fact are as follows: ./Foster__David_Gordon_-_Web_Decision_-_9248697_-_12_August_2014.pdf- ./Foster__David_Gordon_-_Web_Decision_-_9248697_-_12_August_2014.pdf-We have found the following particulars of the allegations against Mr Foster proven, for ./Foster__David_Gordon_-_Web_Decision_-_9248697_-_12_August_2014.pdf-these reasons: ./Foster__David_Gordon_-_Web_Decision_-_9248697_-_12_August_2014.pdf- ./Foster__David_Gordon_-_Web_Decision_-_9248697_-_12_August_2014.pdf-1. Whilst employed at Derby Moor Community Sports College during 2002 to 2013 ./Foster__David_Gordon_-_Web_Decision_-_9248697_-_12_August_2014.pdf-he displayed a pattern of inappropriate and unprofessional behaviour towards staff ./Foster__David_Gordon_-_Web_Decision_-_9248697_-_12_August_2014.pdf-and students, in that he made inappropriate statements/comments on more than ./Foster__David_Gordon_-_Web_Decision_-_9248697_-_12_August_2014.pdf:one occasion including swearing and comments of a sexual nature, towards pupils ./Foster__David_Gordon_-_Web_Decision_-_9248697_-_12_August_2014.pdf-during lesson time; ./Foster__David_Gordon_-_Web_Decision_-_9248697_-_12_August_2014.pdf- ./Foster__David_Gordon_-_Web_Decision_-_9248697_-_12_August_2014.pdf-The specific occasions on which it is alleged this behaviour occurred have not been set ./Foster__David_Gordon_-_Web_Decision_-_9248697_-_12_August_2014.pdf-out in the allegations. This would usually be necessary in order for Mr Foster to ./Foster__David_Gordon_-_Web_Decision_-_9248697_-_12_August_2014.pdf-understand, in detail, the nature and cause of the accusation against him. ./Foster__David_Gordon_-_Web_Decision_-_9248697_-_12_August_2014.pdf- ./Foster__David_Gordon_-_Web_Decision_-_9248697_-_12_August_2014.pdf-However, there are a number of specific occasions set out within the Statement of ./Foster__David_Gordon_-_Web_Decision_-_9248697_-_12_August_2014.pdf-Agreed Facts which Mr Foster has admitted to, and must therefore have sufficiently ./Foster__David_Gordon_-_Web_Decision_-_9248697_-_12_August_2014.pdf-understood that those incidents were the subject of criticism in order to have specifically ./Foster__David_Gordon_-_Web_Decision_-_9248697_-_12_August_2014.pdf-addressed them. -- ./Foster__David_Gordon_-_Web_Decision_-_9248697_-_12_August_2014.pdf-In paragraph 6, Mr Foster has admitting having said words such as: “are you trying to ./Foster__David_Gordon_-_Web_Decision_-_9248697_-_12_August_2014.pdf-make me your gigolo” whilst performing a rude dance, albeit that he states it was a ./Foster__David_Gordon_-_Web_Decision_-_9248697_-_12_August_2014.pdf-metaphor for a chemical reaction. Pupil D’s witness statement for the school ./Foster__David_Gordon_-_Web_Decision_-_9248697_-_12_August_2014.pdf-investigation stated that: “A more recent occurrence was when we were trying to work ./Foster__David_Gordon_-_Web_Decision_-_9248697_-_12_August_2014.pdf-out an equation and he made up a dance to help remember it with a rude action at the ./Foster__David_Gordon_-_Web_Decision_-_9248697_-_12_August_2014.pdf-end, trying to be funny. And when [Pupil C] asked for the actual equations he did the ./Foster__David_Gordon_-_Web_Decision_-_9248697_-_12_August_2014.pdf-dance again, and went ‘what am I now your jiggalow (sic)’ ”. The Panel has found it ./Foster__David_Gordon_-_Web_Decision_-_9248697_-_12_August_2014.pdf-proven that Mr Foster made this comment. ./Foster__David_Gordon_-_Web_Decision_-_9248697_-_12_August_2014.pdf- ./Foster__David_Gordon_-_Web_Decision_-_9248697_-_12_August_2014.pdf-The Panel considered the comments that it had found proven and considered that they ./Foster__David_Gordon_-_Web_Decision_-_9248697_-_12_August_2014.pdf:did amount to inappropriate statements including swearing and comments of a sexual ./Foster__David_Gordon_-_Web_Decision_-_9248697_-_12_August_2014.pdf-nature. The Panel were satisfied that this evidenced a pattern of inappropriate and ./Foster__David_Gordon_-_Web_Decision_-_9248697_-_12_August_2014.pdf-unprofessional behaviour and this allegation was found proven. ./Foster__David_Gordon_-_Web_Decision_-_9248697_-_12_August_2014.pdf- ./Foster__David_Gordon_-_Web_Decision_-_9248697_-_12_August_2014.pdf-2. Whilst employed at Derby Moor Community Sports College during 2002 to 2013 ./Foster__David_Gordon_-_Web_Decision_-_9248697_-_12_August_2014.pdf-he displayed a pattern of inappropriate and unprofessional behaviour towards staff ./Foster__David_Gordon_-_Web_Decision_-_9248697_-_12_August_2014.pdf-and students, in that he made inappropriate physical contact with pupils whilst ./Foster__David_Gordon_-_Web_Decision_-_9248697_-_12_August_2014.pdf-under his supervision within a classroom environment on more than one occasion; ./Foster__David_Gordon_-_Web_Decision_-_9248697_-_12_August_2014.pdf- ./Foster__David_Gordon_-_Web_Decision_-_9248697_-_12_August_2014.pdf-The specific occasions on which it is alleged this behaviour occurred have not been set ./Foster__David_Gordon_-_Web_Decision_-_9248697_-_12_August_2014.pdf-out in the allegations. This would usually be necessary in order for Mr Foster to -- ./Foster__David_Gordon_-_Web_Decision_-_9248697_-_12_August_2014.pdf-that it would be proportionate in all the circumstances for the Prohibition Order to be ./Foster__David_Gordon_-_Web_Decision_-_9248697_-_12_August_2014.pdf-recommended with provision for a review period after four years. ./Foster__David_Gordon_-_Web_Decision_-_9248697_-_12_August_2014.pdf- ./Foster__David_Gordon_-_Web_Decision_-_9248697_-_12_August_2014.pdf- ./Foster__David_Gordon_-_Web_Decision_-_9248697_-_12_August_2014.pdf-Decision and reasons on behalf of the Secretary of ./Foster__David_Gordon_-_Web_Decision_-_9248697_-_12_August_2014.pdf-State ./Foster__David_Gordon_-_Web_Decision_-_9248697_-_12_August_2014.pdf-I have given very careful consideration to this case and to the recommendations of the ./Foster__David_Gordon_-_Web_Decision_-_9248697_-_12_August_2014.pdf-panel in respect of both sanction and review. ./Foster__David_Gordon_-_Web_Decision_-_9248697_-_12_August_2014.pdf- ./Foster__David_Gordon_-_Web_Decision_-_9248697_-_12_August_2014.pdf-This case has included findings of inappropriate statements by Mr Foster, including ./Foster__David_Gordon_-_Web_Decision_-_9248697_-_12_August_2014.pdf:swearing and comments of a sexual nature. This forms a pattern of inappropriate and ./Foster__David_Gordon_-_Web_Decision_-_9248697_-_12_August_2014.pdf-unprofessional behaviour. In addition the panel has found proven incidents of physical ./Foster__David_Gordon_-_Web_Decision_-_9248697_-_12_August_2014.pdf-contact that constitute inappropriate physical conduct and are evidence of a pattern of ./Foster__David_Gordon_-_Web_Decision_-_9248697_-_12_August_2014.pdf-inappropriate and unprofessional behaviour. It is clear that Mr Foster is in breach of the ./Foster__David_Gordon_-_Web_Decision_-_9248697_-_12_August_2014.pdf-following standards: ./Foster__David_Gordon_-_Web_Decision_-_9248697_-_12_August_2014.pdf- ./Foster__David_Gordon_-_Web_Decision_-_9248697_-_12_August_2014.pdf-  Teachers uphold public trust in the profession and maintain high standards of ./Foster__David_Gordon_-_Web_Decision_-_9248697_-_12_August_2014.pdf- ethics and behaviour, within and outside school, by ./Foster__David_Gordon_-_Web_Decision_-_9248697_-_12_August_2014.pdf- treating pupils with dignity, building relationships rooted in mutual respect, ./Foster__David_Gordon_-_Web_Decision_-_9248697_-_12_August_2014.pdf- and at all times observing proper boundaries appropriate to a teacher’s ./Foster__David_Gordon_-_Web_Decision_-_9248697_-_12_August_2014.pdf- professional position; ./Fretwell__S_15097_Web_decision.pdf- ./Fretwell__S_15097_Web_decision.pdf-Whilst working as a teacher he failed to maintain professional boundaries and/or ./Fretwell__S_15097_Web_decision.pdf-appropriate professional standards when: ./Fretwell__S_15097_Web_decision.pdf- ./Fretwell__S_15097_Web_decision.pdf- 1. In relation to Witness A (date of birth 4 December 1969): ./Fretwell__S_15097_Web_decision.pdf- ./Fretwell__S_15097_Web_decision.pdf- a. in or around 1984, when Witness A was aged approximately 14 years, he: ./Fretwell__S_15097_Web_decision.pdf- ./Fretwell__S_15097_Web_decision.pdf- i. kissed her, ./Fretwell__S_15097_Web_decision.pdf- ./Fretwell__S_15097_Web_decision.pdf: ii. touched her sexually over her clothing, ./Fretwell__S_15097_Web_decision.pdf- ./Fretwell__S_15097_Web_decision.pdf: iii. touched her sexually under her clothing, ./Fretwell__S_15097_Web_decision.pdf- ./Fretwell__S_15097_Web_decision.pdf- iv. orally penetrated her with his penis, ./Fretwell__S_15097_Web_decision.pdf- ./Fretwell__S_15097_Web_decision.pdf- v. vaginally penetrated her with his penis; ./Fretwell__S_15097_Web_decision.pdf- ./Fretwell__S_15097_Web_decision.pdf- b. in or around 1985, when Witness A was aged approximately 15 years, he: ./Fretwell__S_15097_Web_decision.pdf- ./Fretwell__S_15097_Web_decision.pdf- i. vaginally penetrated her with his penis, ./Fretwell__S_15097_Web_decision.pdf- ./Fretwell__S_15097_Web_decision.pdf- ii. took photographs of Witness A naked, -- ./Fretwell__S_15097_Web_decision.pdf- ./Fretwell__S_15097_Web_decision.pdf- c. between 1986 and 1989, when Witness A was aged approximately 16 to 19, ./Fretwell__S_15097_Web_decision.pdf- you: ./Fretwell__S_15097_Web_decision.pdf- ./Fretwell__S_15097_Web_decision.pdf- i. vaginally penetrated her with his penis, ./Fretwell__S_15097_Web_decision.pdf- ./Fretwell__S_15097_Web_decision.pdf- ii. encouraged Witness A to urinate on you, ./Fretwell__S_15097_Web_decision.pdf- ./Fretwell__S_15097_Web_decision.pdf- iii. encouraged Witness A to defecate on you, ./Fretwell__S_15097_Web_decision.pdf- ./Fretwell__S_15097_Web_decision.pdf: iv. videoed sexual activity between you and Witness A; ./Fretwell__S_15097_Web_decision.pdf- ./Fretwell__S_15097_Web_decision.pdf- ./Fretwell__S_15097_Web_decision.pdf- ./Fretwell__S_15097_Web_decision.pdf- ./Fretwell__S_15097_Web_decision.pdf- 4 ./Fretwell__S_15097_Web_decision.pdf- -- ./Fretwell__S_15097_Web_decision.pdf- 2. On or before 18 November 2013, you used his iPad to search for indecent images ./Fretwell__S_15097_Web_decision.pdf- of children, including viewing: [redacted]; ./Fretwell__S_15097_Web_decision.pdf- ./Fretwell__S_15097_Web_decision.pdf: 3. His actions set out above at allegations 1 and 2 were sexually motivated. ./Fretwell__S_15097_Web_decision.pdf- ./Fretwell__S_15097_Web_decision.pdf-In his witness statement Mr Fretwell has admitted allegation 1.c.i. and, on a qualified ./Fretwell__S_15097_Web_decision.pdf-basis, 2. ./Fretwell__S_15097_Web_decision.pdf- ./Fretwell__S_15097_Web_decision.pdf-No admissions were made in respect of unacceptable conduct or conduct that may bring ./Fretwell__S_15097_Web_decision.pdf-the profession into disrepute. ./Fretwell__S_15097_Web_decision.pdf- ./Fretwell__S_15097_Web_decision.pdf- ./Fretwell__S_15097_Web_decision.pdf-C. Preliminary applications ./Fretwell__S_15097_Web_decision.pdf-The panel considered an application from the presenting officer to proceed in the -- ./Fretwell__S_15097_Web_decision.pdf-The panel announced its decision and reasons as follows: ./Fretwell__S_15097_Web_decision.pdf- ./Fretwell__S_15097_Web_decision.pdf-The panel has carefully considered the case before it and has reached a decision. ./Fretwell__S_15097_Web_decision.pdf- ./Fretwell__S_15097_Web_decision.pdf-The panel confirms that it has read all the documents provided in the bundle in advance ./Fretwell__S_15097_Web_decision.pdf-of the hearing. ./Fretwell__S_15097_Web_decision.pdf- ./Fretwell__S_15097_Web_decision.pdf-Mr Fretwell is currently retired. For some years prior to his retirement, he was working as ./Fretwell__S_15097_Web_decision.pdf-a supply teacher. ./Fretwell__S_15097_Web_decision.pdf- ./Fretwell__S_15097_Web_decision.pdf:The allegations relate to sexual behaviour with Witness A when she was 14, 15, and then ./Fretwell__S_15097_Web_decision.pdf-16 to 19 years old, and to evidence that Mr Fretwell was searching for indecent images of ./Fretwell__S_15097_Web_decision.pdf:children on his iPad. Both sets of allegations are said to be sexually motivated. ./Fretwell__S_15097_Web_decision.pdf- ./Fretwell__S_15097_Web_decision.pdf- ./Fretwell__S_15097_Web_decision.pdf- ./Fretwell__S_15097_Web_decision.pdf- ./Fretwell__S_15097_Web_decision.pdf- 6 ./Fretwell__S_15097_Web_decision.pdf- -- ./Fretwell__S_15097_Web_decision.pdf-Witness A was born in 1969. Between 1979 and 1983 she attended the school where Mr ./Fretwell__S_15097_Web_decision.pdf-Fretwell’s wife, Individual A, taught physical education. Mr Fretwell himself, was teaching ./Fretwell__S_15097_Web_decision.pdf-at a different school. In 1983, Witness A became involved with Individual A’s hockey club ./Fretwell__S_15097_Web_decision.pdf-and became close to both Mr Fretwell and Individual A. Mr Fretwell began to give her lifts ./Fretwell__S_15097_Web_decision.pdf-home from the hockey club. ./Fretwell__S_15097_Web_decision.pdf- ./Fretwell__S_15097_Web_decision.pdf-The NCTL's case is that Mr Fretwell used the opportunity of being alone in the car with ./Fretwell__S_15097_Web_decision.pdf-Witness A to kiss her, which then progressed to touching her over her clothes, touching ./Fretwell__S_15097_Web_decision.pdf:her under her clothes, and finally oral sex. She was 14 years old at the time. It is further ./Fretwell__S_15097_Web_decision.pdf-said that in or around November 1984 he took her to his house whilst his wife was out ./Fretwell__S_15097_Web_decision.pdf:and had sexual intercourse with her in his bedroom. These matters constitute allegation ./Fretwell__S_15097_Web_decision.pdf-1.a. ./Fretwell__S_15097_Web_decision.pdf- ./Fretwell__S_15097_Web_decision.pdf:It is alleged that Mr Fretwell continued to have sexual intercourse with Witness A the ./Fretwell__S_15097_Web_decision.pdf-following year, when she was 15. He began to take photographs of her naked at that ./Fretwell__S_15097_Web_decision.pdf-time, in various costumes, and masturbating. These matters constitute allegation 1.b. ./Fretwell__S_15097_Web_decision.pdf- ./Fretwell__S_15097_Web_decision.pdf:The conduct continued after Witness A’s sixteenth birthday. He continued to have sexual ./Fretwell__S_15097_Web_decision.pdf-intercourse with her. Mr Fretwell accepts that he did have intercourse with Witness A ./Fretwell__S_15097_Web_decision.pdf-after she was sixteen but not before. The NCTL allege that he encouraged her to urinate ./Fretwell__S_15097_Web_decision.pdf:and defecate on him, as well as video sexual activity between them. These matters ./Fretwell__S_15097_Web_decision.pdf-constitute Allegation 1.c. ./Fretwell__S_15097_Web_decision.pdf- ./Fretwell__S_15097_Web_decision.pdf-When she was 19 years old, Witness A came to the conclusion that it was wrong to be ./Fretwell__S_15097_Web_decision.pdf-having a relationship with a married man and she ended her contact with Mr Fretwell. ./Fretwell__S_15097_Web_decision.pdf- ./Fretwell__S_15097_Web_decision.pdf-It was not until she received safeguarding training whilst working as a learning mentor in ./Fretwell__S_15097_Web_decision.pdf-a school that she began to consider that she had been groomed by Mr Fretwell. In 2010 ./Fretwell__S_15097_Web_decision.pdf-she decided to contact Mr Fretwell via Facebook. She says that this is because she ./Fretwell__S_15097_Web_decision.pdf-wanted to reassure herself that it had been a real relationship and that he had not been ./Fretwell__S_15097_Web_decision.pdf-grooming her. Witness A was initially reassured by the conversations she had with Mr ./Fretwell__S_15097_Web_decision.pdf-Fretwell, in which they reminisced about the time they had spent together, but then she ./Fretwell__S_15097_Web_decision.pdf-became concerned that he was still forming close relationships with former pupils. ./Fretwell__S_15097_Web_decision.pdf- ./Fretwell__S_15097_Web_decision.pdf-In 2011 she contacted the Samaritans and told them some of what had happened. ./Fretwell__S_15097_Web_decision.pdf- ./Fretwell__S_15097_Web_decision.pdf-In 2013 she contacted Coventry Rape and Sexual Abuse Centre and had counselling ./Fretwell__S_15097_Web_decision.pdf:with Individual B. Witness A told Individual B that she had been groomed and sexually ./Fretwell__S_15097_Web_decision.pdf-abused by Mr Fretwell since the age of 13 or 14. The police then became involved and ./Fretwell__S_15097_Web_decision.pdf-interviewed Witness A as a witness. ./Fretwell__S_15097_Web_decision.pdf- ./Fretwell__S_15097_Web_decision.pdf-Mr Fretwell’s house was searched in November 2013 and a laptop computer and iPad ./Fretwell__S_15097_Web_decision.pdf-were seized. On the iPad, for which he had an 'Apple ID', were cookies relating to ./Fretwell__S_15097_Web_decision.pdf-websites as listed in allegation 2, among others. That, it is said, showed that he had been ./Fretwell__S_15097_Web_decision.pdf-searching for indecent images of children. When interviewed he admitted visiting these ./Fretwell__S_15097_Web_decision.pdf-websites but said that he had done so in an attempt to prove to his wife that one cannot ./Fretwell__S_15097_Web_decision.pdf- ./Fretwell__S_15097_Web_decision.pdf- 7 -- ./Fretwell__S_15097_Web_decision.pdf:access child pornography online. Mr Fretwell was charged with sexual offences relating ./Fretwell__S_15097_Web_decision.pdf-to Witness A but found not guilty at the criminal trial. These offences would have been ./Fretwell__S_15097_Web_decision.pdf-dependent on proof to the criminal standard that the conduct took place before Witness ./Fretwell__S_15097_Web_decision.pdf-A’s sixteenth birthday. ./Fretwell__S_15097_Web_decision.pdf- ./Fretwell__S_15097_Web_decision.pdf-Findings of fact ./Fretwell__S_15097_Web_decision.pdf-Our findings of fact are as follows: ./Fretwell__S_15097_Web_decision.pdf- ./Fretwell__S_15097_Web_decision.pdf-The panel has found the following particulars of the allegations against you proven, for ./Fretwell__S_15097_Web_decision.pdf-these reasons: ./Fretwell__S_15097_Web_decision.pdf- ./Fretwell__S_15097_Web_decision.pdf-Whilst working as a teacher you failed to maintain professional boundaries and/or ./Fretwell__S_15097_Web_decision.pdf-appropriate professional standards when: ./Fretwell__S_15097_Web_decision.pdf- ./Fretwell__S_15097_Web_decision.pdf- 1. In relation to Witness A (date of birth 4 December 1969): ./Fretwell__S_15097_Web_decision.pdf- ./Fretwell__S_15097_Web_decision.pdf- a. in or around 1984, when Witness A was aged approximately 14 years, ./Fretwell__S_15097_Web_decision.pdf- you: ./Fretwell__S_15097_Web_decision.pdf- ./Fretwell__S_15097_Web_decision.pdf- i. kissed her, ./Fretwell__S_15097_Web_decision.pdf- ./Fretwell__S_15097_Web_decision.pdf: ii. touched her sexually over her clothing, ./Fretwell__S_15097_Web_decision.pdf- ./Fretwell__S_15097_Web_decision.pdf: iii. touched her sexually under her clothing, ./Fretwell__S_15097_Web_decision.pdf- ./Fretwell__S_15097_Web_decision.pdf- iv. orally penetrated her with your penis, ./Fretwell__S_15097_Web_decision.pdf- ./Fretwell__S_15097_Web_decision.pdf- v. vaginally penetrated her with your penis; ./Fretwell__S_15097_Web_decision.pdf- ./Fretwell__S_15097_Web_decision.pdf- b. in or around 1985, when Witness A was aged approximately 15 years, ./Fretwell__S_15097_Web_decision.pdf- you: ./Fretwell__S_15097_Web_decision.pdf- ./Fretwell__S_15097_Web_decision.pdf- i. vaginally penetrated her with your penis, ./Fretwell__S_15097_Web_decision.pdf- -- ./Fretwell__S_15097_Web_decision.pdf- ./Fretwell__S_15097_Web_decision.pdf- iii. took photographs of Witness A masturbating herself; ./Fretwell__S_15097_Web_decision.pdf- ./Fretwell__S_15097_Web_decision.pdf- c. between 1986 and 1989, when Witness A was aged approximately 16 to ./Fretwell__S_15097_Web_decision.pdf- 19, you: ./Fretwell__S_15097_Web_decision.pdf- ./Fretwell__S_15097_Web_decision.pdf- i. vaginally penetrated her with your penis, ./Fretwell__S_15097_Web_decision.pdf- ./Fretwell__S_15097_Web_decision.pdf- ii. encouraged Witness A to urinate on you, ./Fretwell__S_15097_Web_decision.pdf- ./Fretwell__S_15097_Web_decision.pdf: iv. videoed sexual activity between you and Witness A; ./Fretwell__S_15097_Web_decision.pdf- ./Fretwell__S_15097_Web_decision.pdf- ./Fretwell__S_15097_Web_decision.pdf- ./Fretwell__S_15097_Web_decision.pdf- ./Fretwell__S_15097_Web_decision.pdf- 8 ./Fretwell__S_15097_Web_decision.pdf- -- ./Fretwell__S_15097_Web_decision.pdf-The panel considered that all of the particulars of the allegation constitute a breach of ./Fretwell__S_15097_Web_decision.pdf-professional standards and professional boundaries. Witness A, although not a pupil of ./Fretwell__S_15097_Web_decision.pdf-Mr Fretwell's, was a young person of school age. Mr Fretwell was a teacher and teachers ./Fretwell__S_15097_Web_decision.pdf-are authority figures in whom young people feel able to place their trust. ./Fretwell__S_15097_Web_decision.pdf- ./Fretwell__S_15097_Web_decision.pdf-The panel considered that the key issue in respect of allegation 1 is whether the account ./Fretwell__S_15097_Web_decision.pdf-of Witness A is reliable with regards to its salient aspects. Insofar as the conduct which ./Fretwell__S_15097_Web_decision.pdf:constitutes the allegations is concerned, save for the fact that vaginal sex took place after ./Fretwell__S_15097_Web_decision.pdf-Witness A's sixteenth birthday, Mr Fretwell's account is almost wholly at odds with that of ./Fretwell__S_15097_Web_decision.pdf-Witness A. ./Fretwell__S_15097_Web_decision.pdf- ./Fretwell__S_15097_Web_decision.pdf-The panel considered Witness A to be an honest and credible witness. It was satisfied ./Fretwell__S_15097_Web_decision.pdf-that she was doing her best to give an accurate recollection of events, without ./Fretwell__S_15097_Web_decision.pdf-embellishment. The detail of her evidence bore the hallmark of truth. It did not consider ./Fretwell__S_15097_Web_decision.pdf-that she was motivated by revenge, as has been suggested by Mr Fretwell, nor that she ./Fretwell__S_15097_Web_decision.pdf-had fabricated any or all of her evidence in conjunction with Witness B. The panel felt ./Fretwell__S_15097_Web_decision.pdf-unable to give full weight to Mr Fretwell's evidence. It did not have the benefit of seeing ./Fretwell__S_15097_Web_decision.pdf-Mr Fretwell's evidence tested under cross-examination or of asking Mr Fretwell questions -- ./Fretwell__S_15097_Web_decision.pdf-corroborates this evidence, stating that Mr Fretwell had told him he used to do this. In the ./Fretwell__S_15097_Web_decision.pdf-panel's view, there is no motivation for Witness C to lie about this. It considered Witness ./Fretwell__S_15097_Web_decision.pdf-C to be an honest witness, who was doing his best to assist the panel, even though his ./Fretwell__S_15097_Web_decision.pdf-recollection was at times, understandably, hazy as to certain peripheral matters. The ./Fretwell__S_15097_Web_decision.pdf-motivation for Mr Fretwell to smuggle Witness A into his house was plain. He no doubt ./Fretwell__S_15097_Web_decision.pdf-feared that comment might be passed if Witness A was seen coming and going to his ./Fretwell__S_15097_Web_decision.pdf-house whilst his wife was out. ./Fretwell__S_15097_Web_decision.pdf- ./Fretwell__S_15097_Web_decision.pdf-The panel noted in respect of allegation 1.c.iv. that, when interviewed under caution by ./Fretwell__S_15097_Web_decision.pdf-the police, Mr Fretwell admitted that he had videoed Witness A and himself carrying out ./Fretwell__S_15097_Web_decision.pdf:sexual activity. Given that Witness A was over 16 at the time of the videoing and given ./Fretwell__S_15097_Web_decision.pdf:that Mr Fretwell was at that time being investigated for offences relating to sexual activity ./Fretwell__S_15097_Web_decision.pdf-with Witness A when she was under 16, it is entirely unsurprising that he was happy to ./Fretwell__S_15097_Web_decision.pdf-make that admission in interview. In the context of these proceedings he now seeks to ./Fretwell__S_15097_Web_decision.pdf-deny that any videos were ever made. The panel considers that when questioned in ./Fretwell__S_15097_Web_decision.pdf- ./Fretwell__S_15097_Web_decision.pdf- 9 ./Fretwell__S_15097_Web_decision.pdf- -- ./Fretwell__S_15097_Web_decision.pdf-The panel considered that the allegations particularised in paragraph 1 were, on any ./Fretwell__S_15097_Web_decision.pdf-view, inherently sexually motivated and, accordingly, finds the allegation proved in ./Fretwell__S_15097_Web_decision.pdf-relation to particular 1. ./Fretwell__S_15097_Web_decision.pdf- ./Fretwell__S_15097_Web_decision.pdf-The panel has found the following particulars of the allegations against you not proven, ./Fretwell__S_15097_Web_decision.pdf-for these reasons: ./Fretwell__S_15097_Web_decision.pdf- ./Fretwell__S_15097_Web_decision.pdf- 3. Your actions set out above at allegations…2 were sexually motivated. ./Fretwell__S_15097_Web_decision.pdf- ./Fretwell__S_15097_Web_decision.pdf-Mr Fretwell asserts that he accessed the websites in question for the purposes of ./Fretwell__S_15097_Web_decision.pdf:"research", in an effort to demonstrate that one cannot access child pornography online. ./Fretwell__S_15097_Web_decision.pdf-He says that he did this one evening in order to prove his contention to his wife. The ./Fretwell__S_15097_Web_decision.pdf-panel accepted that, if Mr Fretwell did only view these websites for the research purpose ./Fretwell__S_15097_Web_decision.pdf:he identifies, then it could not be properly said that his motivation was sexual. The issue ./Fretwell__S_15097_Web_decision.pdf-for the panel, therefore, was whether the NCTL has discharged the burden of proving, on ./Fretwell__S_15097_Web_decision.pdf-the balance of probabilities, that this account is untrue and that the real motivation behind ./Fretwell__S_15097_Web_decision.pdf:Mr Fretwell viewing these websites was a sexual one. ./Fretwell__S_15097_Web_decision.pdf- ./Fretwell__S_15097_Web_decision.pdf-The panel did not consider it inherently improbable that a teacher would, misguidedly, ./Fretwell__S_15097_Web_decision.pdf-make internet searches to see if indecent images of children were accessible on the ./Fretwell__S_15097_Web_decision.pdf-internet. Whilst it took account of the fact that Mr Fretwell had not given oral evidence on ./Fretwell__S_15097_Web_decision.pdf-the issue and that his wife's statement did not address the issue at all, it did not consider ./Fretwell__S_15097_Web_decision.pdf-that those aspects of the evidence, without more, were sufficient to discharge the burden ./Fretwell__S_15097_Web_decision.pdf-of proof. The panel considered that there was not sufficiently cogent evidence before it to ./Fretwell__S_15097_Web_decision.pdf:satisfy it that the Mr Fretwell's motives were sexual in viewing these sites. In particular, ./Fretwell__S_15097_Web_decision.pdf-the forensic evidence before it was limited only to evidence that Mr Fretwell had ./Fretwell__S_15097_Web_decision.pdf-accessed these sites. There was no evidence placed before the panel as to what times ./Fretwell__S_15097_Web_decision.pdf- ./Fretwell__S_15097_Web_decision.pdf- 10 ./Fretwell__S_15097_Web_decision.pdf- -- ./Fretwell__S_15097_Web_decision.pdf-professional conduct. ./Fretwell__S_15097_Web_decision.pdf- ./Fretwell__S_15097_Web_decision.pdf-The panel notes that all of the proven allegations took place outside of the education ./Fretwell__S_15097_Web_decision.pdf-setting. In respect of allegation 1, the panel is clear that Mr Fretwell's status as a teacher ./Fretwell__S_15097_Web_decision.pdf-affected how he was viewed by both Witness A and Witness B, and the trust which both ./Fretwell__S_15097_Web_decision.pdf-of them placed in him. The conduct which the panel has found Mr Fretwell guilty of strikes ./Fretwell__S_15097_Web_decision.pdf-to the very heart of that relationship. Whilst Witness A was not a direct pupil of Mr ./Fretwell__S_15097_Web_decision.pdf-Fretwell's, the sexual activity was clearly damaging to her. ./Fretwell__S_15097_Web_decision.pdf- ./Fretwell__S_15097_Web_decision.pdf-In respect of allegation 2, the panel considers that it is wholly unacceptable for a teacher ./Fretwell__S_15097_Web_decision.pdf:to seek to access child pornography on a home device, even where their conduct is not ./Fretwell__S_15097_Web_decision.pdf-sexually motivated. Teachers should be more aware than most of the relationship ./Fretwell__S_15097_Web_decision.pdf:between child pornography and the exploitation and abuse of children and the ./Fretwell__S_15097_Web_decision.pdf-unacceptability of viewing, or attempting to view, such images. ./Fretwell__S_15097_Web_decision.pdf- ./Fretwell__S_15097_Web_decision.pdf-Accordingly, the panel is satisfied that Mr Fretwell is guilty of unacceptable professional ./Fretwell__S_15097_Web_decision.pdf-conduct. ./Fretwell__S_15097_Web_decision.pdf- ./Fretwell__S_15097_Web_decision.pdf-The panel has taken into account how the teaching profession is viewed by others and ./Fretwell__S_15097_Web_decision.pdf-considered the influence that teachers may have on pupils, parents and others in the ./Fretwell__S_15097_Web_decision.pdf-community. The panel has taken account of the uniquely influential role that teachers can ./Fretwell__S_15097_Web_decision.pdf-hold in pupils’ lives and that pupils must be able to view teachers as role models in the ./Fretwell__S_15097_Web_decision.pdf-way they behave. ./Fretwell__S_15097_Web_decision.pdf- ./Fretwell__S_15097_Web_decision.pdf-The findings of misconduct are serious and the conduct displayed would likely have a ./Fretwell__S_15097_Web_decision.pdf-negative impact on the individual’s status as a teacher, potentially damaging the public ./Fretwell__S_15097_Web_decision.pdf-perception. The panel has found significant breaches of the Teachers' Standards and ./Fretwell__S_15097_Web_decision.pdf-that Mr Fretwell's conduct displayed behaviours associated with a number of sexual ./Fretwell__S_15097_Web_decision.pdf-offences, as set out above. Taking advantage of a vulnerable, young teenager in the ./Fretwell__S_15097_Web_decision.pdf-manner in which Mr Fretwell did is a gross departure from the trust that the public place ./Fretwell__S_15097_Web_decision.pdf-in teachers and its expectations of them. Similarly, viewing or attempting to view child ./Fretwell__S_15097_Web_decision.pdf:pornography would be viewed extremely seriously by any informed and right-thinking ./Fretwell__S_15097_Web_decision.pdf-citizen. ./Fretwell__S_15097_Web_decision.pdf- ./Fretwell__S_15097_Web_decision.pdf-Accordingly, having found the facts of allegations 1.a., 1.b.,1.c.i, 1.c.ii, 1.c.iv., 2, and 3 ./Fretwell__S_15097_Web_decision.pdf-(insofar as it relates to allegation 1) proved, the panel further finds that Mr Fretwell’s ./Fretwell__S_15097_Web_decision.pdf- ./Fretwell__S_15097_Web_decision.pdf- 12 ./Fretwell__S_15097_Web_decision.pdf- -- ./Fretwell__S_15097_Web_decision.pdf-should be made, the panel has to consider whether it is an appropriate and proportionate ./Fretwell__S_15097_Web_decision.pdf-measure, and whether it is in the public interest to do so. Prohibition orders should not be ./Fretwell__S_15097_Web_decision.pdf-given in order to be punitive, or to show that blame has been apportioned, although they ./Fretwell__S_15097_Web_decision.pdf-are likely to have punitive effect. ./Fretwell__S_15097_Web_decision.pdf- ./Fretwell__S_15097_Web_decision.pdf-The panel has considered the particular public interest considerations set out in the ./Fretwell__S_15097_Web_decision.pdf-Advice and having done so has found a number of them to be relevant in this case, ./Fretwell__S_15097_Web_decision.pdf-namely the protection of pupils, the maintenance of public confidence in the profession, ./Fretwell__S_15097_Web_decision.pdf-and declaring and upholding proper standards of conduct. ./Fretwell__S_15097_Web_decision.pdf- ./Fretwell__S_15097_Web_decision.pdf:In light of the panel’s findings against Mr Fretwell, which involved serious sexual ./Fretwell__S_15097_Web_decision.pdf-misconduct, there is a strong public interest consideration in respect of the protection of ./Fretwell__S_15097_Web_decision.pdf-pupils given the serious findings of inappropriate relationships with children and of ./Fretwell__S_15097_Web_decision.pdf-searching for indecent images of children. ./Fretwell__S_15097_Web_decision.pdf- ./Fretwell__S_15097_Web_decision.pdf-Similarly, the panel considers that public confidence in the profession could be seriously ./Fretwell__S_15097_Web_decision.pdf-weakened if conduct such as that found against Mr Fretwell were not treated with the ./Fretwell__S_15097_Web_decision.pdf-appropriate degree of seriousness when regulating the conduct of the profession. ./Fretwell__S_15097_Web_decision.pdf- ./Fretwell__S_15097_Web_decision.pdf-The panel considered that a strong public interest consideration in declaring proper ./Fretwell__S_15097_Web_decision.pdf-standards of conduct in the profession was also present as the conduct found against Mr -- ./Fretwell__S_15097_Web_decision.pdf-  misconduct seriously affecting the education and/or well-being of pupils, and ./Fretwell__S_15097_Web_decision.pdf- particularly where there is a continuing risk; ./Fretwell__S_15097_Web_decision.pdf-  a deep-seated attitude that leads to harmful behaviour; ./Fretwell__S_15097_Web_decision.pdf-  abuse of position of trust (particularly involving vulnerable pupils) or violation of the ./Fretwell__S_15097_Web_decision.pdf- rights of pupils; ./Fretwell__S_15097_Web_decision.pdf:  sexual misconduct, e.g. involving actions that were sexually motivated or of a ./Fretwell__S_15097_Web_decision.pdf: sexual nature and/or that use or exploit the trust, knowledge or influence derived ./Fretwell__S_15097_Web_decision.pdf- from the individual’s professional position; ./Fretwell__S_15097_Web_decision.pdf-  any activity involving viewing, taking, making, possessing, distributing or ./Fretwell__S_15097_Web_decision.pdf- publishing any indecent photograph or image or pseudo photograph or image of a ./Fretwell__S_15097_Web_decision.pdf- child, or permitting such activity, including one-off incidents. ./Fretwell__S_15097_Web_decision.pdf-Even though there were behaviours that would point to a prohibition order being ./Fretwell__S_15097_Web_decision.pdf-appropriate, the panel went on to consider whether or not there were sufficient mitigating ./Fretwell__S_15097_Web_decision.pdf-factors to militate against a prohibition order being an appropriate and proportionate ./Fretwell__S_15097_Web_decision.pdf-measure to impose, particularly taking into account the nature and severity of the ./Fretwell__S_15097_Web_decision.pdf-behaviour in this case. ./Fretwell__S_15097_Web_decision.pdf- -- ./Fretwell__S_15097_Web_decision.pdf-The teacher did have a previously good history and the panel accepts that the there is no ./Fretwell__S_15097_Web_decision.pdf-evidence of repetition of breaching professional boundaries since the relationship with ./Fretwell__S_15097_Web_decision.pdf-Witness A ended, and no repetition of his attempt to access indecent images of children. ./Fretwell__S_15097_Web_decision.pdf-However, the searching for indecent images of children took place much more recently ./Fretwell__S_15097_Web_decision.pdf-than the relationship with Witness A. The panel has had regard to the various ./Fretwell__S_15097_Web_decision.pdf-testimonials which have been placed before it, which portray Mr Fretwell as a competent ./Fretwell__S_15097_Web_decision.pdf-and professional teacher. It has had regard to the fact that a prohibition order would ./Fretwell__S_15097_Web_decision.pdf-preclude him from returning to earning a living by teaching, although it is conscious of the ./Fretwell__S_15097_Web_decision.pdf-fact that he has already decided to retire from teaching. However, the panel also took ./Fretwell__S_15097_Web_decision.pdf-note of the fact that it has not had the benefit of any expression of remorse or insight ./Fretwell__S_15097_Web_decision.pdf:from Mr Fretwell in respect of any of this conduct, save for his description of his sexual ./Fretwell__S_15097_Web_decision.pdf-activity with Witness A when she was over 16 as "regretful". ./Fretwell__S_15097_Web_decision.pdf- ./Fretwell__S_15097_Web_decision.pdf-The panel is of the view that prohibition is both proportionate and appropriate. The fact ./Fretwell__S_15097_Web_decision.pdf-that the panel has decided that the public interest considerations outweigh the interests ./Fretwell__S_15097_Web_decision.pdf-of Mr Fretwell was a significant factor in forming that opinion. Mr Fretwell's conduct falls ./Fretwell__S_15097_Web_decision.pdf-significantly short of the standards expected of a teacher and has the potential to bring ./Fretwell__S_15097_Web_decision.pdf-the profession into disrepute. Accordingly, the panel makes a recommendation to the ./Fretwell__S_15097_Web_decision.pdf-Secretary of State that a prohibition order should be imposed with immediate effect. ./Fretwell__S_15097_Web_decision.pdf- ./Fretwell__S_15097_Web_decision.pdf- -- ./Fretwell__S_15097_Web_decision.pdf-The panel went on to consider whether or not it would be appropriate for them to decide ./Fretwell__S_15097_Web_decision.pdf-to recommend that a review period of the order should be considered. The panel were ./Fretwell__S_15097_Web_decision.pdf-mindful that the Advice advises that a prohibition order applies for life, but there may be ./Fretwell__S_15097_Web_decision.pdf-circumstances in any given case that may make it appropriate to allow a teacher to apply ./Fretwell__S_15097_Web_decision.pdf-to have the prohibition order reviewed after a specified period of time that may not be ./Fretwell__S_15097_Web_decision.pdf-less than 2 years. ./Fretwell__S_15097_Web_decision.pdf- ./Fretwell__S_15097_Web_decision.pdf-The Advice indicates that there are behaviours that, if proven, would militate against a ./Fretwell__S_15097_Web_decision.pdf:review period being recommended. These behaviours include serious sexual ./Fretwell__S_15097_Web_decision.pdf:misconduct, e.g. where the act was sexually motivated and resulted in or had the ./Fretwell__S_15097_Web_decision.pdf-potential to result in, harm to a person or persons, particularly where the individual has ./Fretwell__S_15097_Web_decision.pdf-used their professional position to influence or exploit a person or persons and any ./Fretwell__S_15097_Web_decision.pdf-activity involving viewing, taking, making, possessing, distributing or publishing any ./Fretwell__S_15097_Web_decision.pdf-indecent photograph or image or pseudo photograph or image of a child. The panel has ./Fretwell__S_15097_Web_decision.pdf:found that Mr Fretwell has been responsible for a long and repeated period of sexual ./Fretwell__S_15097_Web_decision.pdf-misconduct. The panel has found that the effect of his conduct towards Witness A has ./Fretwell__S_15097_Web_decision.pdf-caused her significant distress and harm. The panel considers that Mr Fretwell lacks any ./Fretwell__S_15097_Web_decision.pdf-real insight into his conduct and why it is unacceptable, and such remorse as he had ./Fretwell__S_15097_Web_decision.pdf-indicated is very limited indeed. There was no evidence before the panel to satisfy it that ./Fretwell__S_15097_Web_decision.pdf-Mr Fretwell will develop that insight in the future. ./Fretwell__S_15097_Web_decision.pdf- ./Fretwell__S_15097_Web_decision.pdf-The panel felt the findings indicated a situation in which a review period would not be ./Fretwell__S_15097_Web_decision.pdf-appropriate and as such decided that it would be proportionate in all the circumstances ./Fretwell__S_15097_Web_decision.pdf-for the prohibition order to be recommended without provision for a review period. ./Fretwell__S_15097_Web_decision.pdf- -- ./Fretwell__S_15097_Web_decision.pdf- o treating pupils with dignity, building relationships rooted in mutual respect, and ./Fretwell__S_15097_Web_decision.pdf- at all times observing proper boundaries appropriate to a teacher’s ./Fretwell__S_15097_Web_decision.pdf- professional position; ./Fretwell__S_15097_Web_decision.pdf- o having regard for the need to safeguard pupils’ well-being, in accordance with ./Fretwell__S_15097_Web_decision.pdf- statutory provisions; ./Fretwell__S_15097_Web_decision.pdf- o showing tolerance of and respect for the rights of others; ./Fretwell__S_15097_Web_decision.pdf-In addition in this case the panel has found that Mr Fretwell's conduct displayed ./Fretwell__S_15097_Web_decision.pdf-behaviours associated with some of the offences listed on pages 8 and 9 of the Advice. ./Fretwell__S_15097_Web_decision.pdf- ./Fretwell__S_15097_Web_decision.pdf:The panel has found in the case of Mr Fretwell that the offences of sexual activity and ./Fretwell__S_15097_Web_decision.pdf-any activity involving viewing, taking, making, possessing, distributing or publishing any ./Fretwell__S_15097_Web_decision.pdf-indecent photograph or image or pseudo photograph or image of a child, or permitting ./Fretwell__S_15097_Web_decision.pdf-any such activity, including one off incidents, is relevant. ./Fretwell__S_15097_Web_decision.pdf- ./Fretwell__S_15097_Web_decision.pdf-Having found these matters the panel has gone on to consider that the following ./Fretwell__S_15097_Web_decision.pdf-behaviours are relevant in this case: ./Fretwell__S_15097_Web_decision.pdf- ./Fretwell__S_15097_Web_decision.pdf-  serious departure from the personal and professional conduct elements of the ./Fretwell__S_15097_Web_decision.pdf- Teachers’ Standards; ./Fretwell__S_15097_Web_decision.pdf-  misconduct seriously affecting the education and/or well-being of pupils, and ./Fretwell__S_15097_Web_decision.pdf- particularly where there is a continuing risk; ./Fretwell__S_15097_Web_decision.pdf-  a deep-seated attitude that leads to harmful behaviour; ./Fretwell__S_15097_Web_decision.pdf-  abuse of position of trust (particularly involving vulnerable pupils) or violation of the ./Fretwell__S_15097_Web_decision.pdf- rights of pupils; ./Fretwell__S_15097_Web_decision.pdf:  sexual misconduct, e.g. involving actions that were sexually motivated or of a ./Fretwell__S_15097_Web_decision.pdf: sexual nature and/or that use or exploit the trust, knowledge or influence derived ./Fretwell__S_15097_Web_decision.pdf- from the individual’s professional position; ./Fretwell__S_15097_Web_decision.pdf-  any activity involving viewing, taking, making, possessing, distributing or ./Fretwell__S_15097_Web_decision.pdf- publishing any indecent photograph or image or pseudo photograph or image of a ./Fretwell__S_15097_Web_decision.pdf- child, or permitting such activity, including one-off incidents. ./Fretwell__S_15097_Web_decision.pdf-I have weighed the public interest considerations in this case and the interest of the ./Fretwell__S_15097_Web_decision.pdf-teacher. In particular I have taken into account the fact that in some cases a finding of ./Fretwell__S_15097_Web_decision.pdf-unacceptable professional conduct may of itself be a sufficient and proportionate way to ./Fretwell__S_15097_Web_decision.pdf-conclude a case. In my view that is not the case for this set of findings. I have taken into ./Fretwell__S_15097_Web_decision.pdf-account the guidance published and it is clear to me that in this case a prohibition order ./Fretwell__S_15097_Web_decision.pdf-is appropriate and proportionate. In reaching that decision I have taken into account the -- ./Fretwell__S_15097_Web_decision.pdf-I have gone on to consider the matter of a review period. Again I have read the published ./Fretwell__S_15097_Web_decision.pdf-advice on this matter as well as the recommendation made by the panel. I have also ./Fretwell__S_15097_Web_decision.pdf-taken into account the need to be proportionate. ./Fretwell__S_15097_Web_decision.pdf- ./Fretwell__S_15097_Web_decision.pdf-I have considered the mitigation that is set out on behalf of the teacher. ./Fretwell__S_15097_Web_decision.pdf- ./Fretwell__S_15097_Web_decision.pdf:In my view the behaviours that have been found proven include serious sexual ./Fretwell__S_15097_Web_decision.pdf:misconduct, e.g. where the act was sexually motivated and resulted in or had the ./Fretwell__S_15097_Web_decision.pdf-potential to result in, harm to a person or persons, particularly where the individual has ./Fretwell__S_15097_Web_decision.pdf-used their professional position to influence or exploit a person or persons and any ./Fretwell__S_15097_Web_decision.pdf-activity involving viewing, taking, making, possessing, distributing or publishing any ./Fretwell__S_15097_Web_decision.pdf-indecent photograph or image or pseudo photograph or image of a child. It is also clear ./Fretwell__S_15097_Web_decision.pdf:that Mr Fretwell has been responsible for a long and repeated period of sexual ./Fretwell__S_15097_Web_decision.pdf-misconduct. Mr Fretwell’s conduct towards Witness A has caused her significant distress ./Fretwell__S_15097_Web_decision.pdf-and harm. It is clear that the panel considers that Mr Fretwell lacks any real insight into ./Fretwell__S_15097_Web_decision.pdf-his conduct and why it is unacceptable, and such remorse as he has indicated is very ./Fretwell__S_15097_Web_decision.pdf-limited indeed. The panel are clear in their advice to me that there was no evidence ./Fretwell__S_15097_Web_decision.pdf-before it to satisfy the panel that Mr Fretwell will develop that insight in the future. ./Fretwell__S_15097_Web_decision.pdf- ./Fretwell__S_15097_Web_decision.pdf-I therefore agree that there should be no review for the reasons set out above. ./Fretwell__S_15097_Web_decision.pdf- ./Fretwell__S_15097_Web_decision.pdf-This means that Mr Stephen Fretwell is prohibited from teaching indefinitely and ./Fretwell__S_15097_Web_decision.pdf-cannot teach in any school, sixth form college, relevant youth accommodation or ./Fursdon_Jack_Web_Decision.pdf-It was alleged that Mr Fursdon was guilty of unacceptable professional conduct and/or ./Fursdon_Jack_Web_Decision.pdf-conduct that may bring the profession into disrepute, in that he: ./Fursdon_Jack_Web_Decision.pdf- ./Fursdon_Jack_Web_Decision.pdf- 1. Had inappropriate contact with Child A via Facebook in or around September ./Fursdon_Jack_Web_Decision.pdf- 2016, specifically by: ./Fursdon_Jack_Web_Decision.pdf- ./Fursdon_Jack_Web_Decision.pdf- a. Communicating with Child A; ./Fursdon_Jack_Web_Decision.pdf- ./Fursdon_Jack_Web_Decision.pdf- b. Commenting on Child A’s weight and / or size; ./Fursdon_Jack_Web_Decision.pdf- ./Fursdon_Jack_Web_Decision.pdf: c. Discussing sexual topics with Child A; ./Fursdon_Jack_Web_Decision.pdf- ./Fursdon_Jack_Web_Decision.pdf: d. Asking Child A about her sexual experience; ./Fursdon_Jack_Web_Decision.pdf- ./Fursdon_Jack_Web_Decision.pdf- e. Discussing pregnancy with Child A; ./Fursdon_Jack_Web_Decision.pdf- ./Fursdon_Jack_Web_Decision.pdf: f. Using sexual innuendo with Child A; ./Fursdon_Jack_Web_Decision.pdf- ./Fursdon_Jack_Web_Decision.pdf: 2. In undertaking allegation 1, he was sexually motivated; ./Fursdon_Jack_Web_Decision.pdf- ./Fursdon_Jack_Web_Decision.pdf- 3. In undertaking allegation 1, he failed to comply with The Henry Box School’s ./Fursdon_Jack_Web_Decision.pdf- policies, in particular: ./Fursdon_Jack_Web_Decision.pdf- ./Fursdon_Jack_Web_Decision.pdf- a. The Henry Box School Keeping Children Safe in Education Staff Code of ./Fursdon_Jack_Web_Decision.pdf- Professional Conduct July 2016, specifically: ./Fursdon_Jack_Web_Decision.pdf- ./Fursdon_Jack_Web_Decision.pdf- i. Page 2 – Power and positions of trust; ./Fursdon_Jack_Web_Decision.pdf- ./Fursdon_Jack_Web_Decision.pdf- ii. Page 3 – Personal conduct, dress and appearance; -- ./Fursdon_Jack_Web_Decision.pdf-The panel has found the following particulars of the allegations against you proven, for ./Fursdon_Jack_Web_Decision.pdf-these reasons: ./Fursdon_Jack_Web_Decision.pdf- ./Fursdon_Jack_Web_Decision.pdf- 1. You had inappropriate contact with Child A via Facebook in or around ./Fursdon_Jack_Web_Decision.pdf- September 2016, specifically by: ./Fursdon_Jack_Web_Decision.pdf- ./Fursdon_Jack_Web_Decision.pdf- a. Communicating with Child A; ./Fursdon_Jack_Web_Decision.pdf- ./Fursdon_Jack_Web_Decision.pdf- b. Commenting on Child A’s weight and / or size; ./Fursdon_Jack_Web_Decision.pdf- ./Fursdon_Jack_Web_Decision.pdf: c. Discussing sexual topics with Child A; ./Fursdon_Jack_Web_Decision.pdf- ./Fursdon_Jack_Web_Decision.pdf: d. Asking Child A about her sexual experience; ./Fursdon_Jack_Web_Decision.pdf- ./Fursdon_Jack_Web_Decision.pdf- e. Discussing pregnancy with Child A; ./Fursdon_Jack_Web_Decision.pdf- ./Fursdon_Jack_Web_Decision.pdf: f. Using sexual innuendo with Child A; ./Fursdon_Jack_Web_Decision.pdf- ./Fursdon_Jack_Web_Decision.pdf-The allegation is admitted by the teacher. ./Fursdon_Jack_Web_Decision.pdf- ./Fursdon_Jack_Web_Decision.pdf-The panel reviewed a number of messages which were sent by Mr Fursdon to Child A. ./Fursdon_Jack_Web_Decision.pdf- ./Fursdon_Jack_Web_Decision.pdf-The panel found this allegation proven on the balance of probabilities. ./Fursdon_Jack_Web_Decision.pdf- ./Fursdon_Jack_Web_Decision.pdf: 2. In undertaking allegation 1, you were sexually motivated; ./Fursdon_Jack_Web_Decision.pdf- ./Fursdon_Jack_Web_Decision.pdf-As with all findings of fact, the panel considered this question applying the balance of ./Fursdon_Jack_Web_Decision.pdf-probabilities. The panel considered whether on the balance of probabilities reasonable ./Fursdon_Jack_Web_Decision.pdf:persons would think the words found proven could be sexual. The panel then considered ./Fursdon_Jack_Web_Decision.pdf-whether, in all the circumstances of the conduct in the case, it was more likely than not ./Fursdon_Jack_Web_Decision.pdf:that the teacher’s purpose in using such words was sexual. ./Fursdon_Jack_Web_Decision.pdf- ./Fursdon_Jack_Web_Decision.pdf:The panel considered whether, even in the absence of any direct evidence, sexual ./Fursdon_Jack_Web_Decision.pdf-motivation should be inferred from all the circumstances of the case. The panel had in ./Fursdon_Jack_Web_Decision.pdf-mind the evidence of the teacher’s character and considered whether such evidence had ./Fursdon_Jack_Web_Decision.pdf-any bearing on the teacher’s credibility or propensity to have carried out the alleged facts ./Fursdon_Jack_Web_Decision.pdf-or to the circumstances in which the teacher found himself. ./Fursdon_Jack_Web_Decision.pdf- ./Fursdon_Jack_Web_Decision.pdf-The panel had regard to the content and tone of the messages which included references ./Fursdon_Jack_Web_Decision.pdf:to sexual activity and personal comments about Child A. ./Fursdon_Jack_Web_Decision.pdf- ./Fursdon_Jack_Web_Decision.pdf-The panel did not hear oral evidence from Child A but did have the benefit of a written ./Fursdon_Jack_Web_Decision.pdf-statement prepared during the course of the school investigation in which she stated, ./Fursdon_Jack_Web_Decision.pdf-“Not long into the conversation he started to ask some inappropriate questions which ./Fursdon_Jack_Web_Decision.pdf-made me feel uncomfortable and scared...”. ./Fursdon_Jack_Web_Decision.pdf- ./Fursdon_Jack_Web_Decision.pdf- ./Fursdon_Jack_Web_Decision.pdf- ./Fursdon_Jack_Web_Decision.pdf- 6 ./Fursdon_Jack_Web_Decision.pdf- -- ./Fursdon_Jack_Web_Decision.pdf:The panel noted Mr Fursdon’s oral evidence that he was not sexually motivated in ./Fursdon_Jack_Web_Decision.pdf-sending the messages to Child A. The panel did not find that Mr Fursdon could provide a ./Fursdon_Jack_Web_Decision.pdf-credible alternative explanation as to his motivation. In particular, the panel had regard to ./Fursdon_Jack_Web_Decision.pdf-the evidence within the messages which showed Mr Fursdon initiated discussions of a ./Fursdon_Jack_Web_Decision.pdf:sexual nature and repeatedly brought the conversation back to sexual topics and ./Fursdon_Jack_Web_Decision.pdf-innuendo. ./Fursdon_Jack_Web_Decision.pdf- ./Fursdon_Jack_Web_Decision.pdf-The panel had found the particulars of allegation 1 proven. Taking into account the ./Fursdon_Jack_Web_Decision.pdf:sexually explicit and inappropriate words and phrases used by Mr Fursdon, the panel ./Fursdon_Jack_Web_Decision.pdf:considered that sexual motivation was more likely than not to have been his motivation. ./Fursdon_Jack_Web_Decision.pdf:Therefore on the balance of probabilities, sexual motivation was proven in relation to ./Fursdon_Jack_Web_Decision.pdf-allegation 1.a. to 1.f. ./Fursdon_Jack_Web_Decision.pdf- ./Fursdon_Jack_Web_Decision.pdf- 3. In undertaking allegation 1, you failed to comply with The Henry Box ./Fursdon_Jack_Web_Decision.pdf- School’s policies, in particular: ./Fursdon_Jack_Web_Decision.pdf- ./Fursdon_Jack_Web_Decision.pdf- a. The Henry Box School Keeping Children Safe in Education Staff Code ./Fursdon_Jack_Web_Decision.pdf- of Professional Conduct July 2016, specifically; ./Fursdon_Jack_Web_Decision.pdf- ./Fursdon_Jack_Web_Decision.pdf- i. Page 2 – Power and positions of trust; ./Fursdon_Jack_Web_Decision.pdf- -- ./Fursdon_Jack_Web_Decision.pdf- statutory provisions; ./Fursdon_Jack_Web_Decision.pdf-  Teachers must have proper and professional regard for the ethos, policies and ./Fursdon_Jack_Web_Decision.pdf- practices of the school in which they teach. ./Fursdon_Jack_Web_Decision.pdf-  Teachers must have an understanding of, and always act within, the statutory ./Fursdon_Jack_Web_Decision.pdf- frameworks which set out their professional duties and responsibilities. ./Fursdon_Jack_Web_Decision.pdf-The panel is satisfied that the conduct of Mr Fursdon fell significantly short of the ./Fursdon_Jack_Web_Decision.pdf-standards expected of the profession. ./Fursdon_Jack_Web_Decision.pdf- ./Fursdon_Jack_Web_Decision.pdf-The panel has also considered whether Mr Fursdon’s conduct displayed behaviours ./Fursdon_Jack_Web_Decision.pdf-associated with any of the offences listed on pages 8 and 9 of the Advice and the panel ./Fursdon_Jack_Web_Decision.pdf:has found that the offence of sexual activity is relevant. ./Fursdon_Jack_Web_Decision.pdf- ./Fursdon_Jack_Web_Decision.pdf-The Advice indicates that where behaviours associated with such an offence exist, a ./Fursdon_Jack_Web_Decision.pdf-panel is likely to conclude that an individual’s conduct would amount to unacceptable ./Fursdon_Jack_Web_Decision.pdf-professional conduct. ./Fursdon_Jack_Web_Decision.pdf- ./Fursdon_Jack_Web_Decision.pdf-The panel notes that the allegations took place outside of the education setting. Mr ./Fursdon_Jack_Web_Decision.pdf-Fursdon’s conduct exposed Child A to harmful behaviour, as evidenced by her statement ./Fursdon_Jack_Web_Decision.pdf-during the school’s investigation. ./Fursdon_Jack_Web_Decision.pdf- ./Fursdon_Jack_Web_Decision.pdf-The panel has taken into account how the teaching profession is viewed by others and -- ./Fursdon_Jack_Web_Decision.pdf-given in order to be punitive, or to show that blame has been apportioned, although they ./Fursdon_Jack_Web_Decision.pdf-are likely to have a punitive effect. ./Fursdon_Jack_Web_Decision.pdf- ./Fursdon_Jack_Web_Decision.pdf-The panel has considered the particular public interest considerations set out in the ./Fursdon_Jack_Web_Decision.pdf-Advice and having done so has found a number of them to be relevant in this case, ./Fursdon_Jack_Web_Decision.pdf-namely the protection of pupils; the maintenance of public confidence in the profession; ./Fursdon_Jack_Web_Decision.pdf-declaring and upholding proper standards of conduct; and the interest of retaining the ./Fursdon_Jack_Web_Decision.pdf-teacher in the profession. ./Fursdon_Jack_Web_Decision.pdf- ./Fursdon_Jack_Web_Decision.pdf-In light of the panel’s findings against Mr Fursdon, which involved him sending ./Fursdon_Jack_Web_Decision.pdf:inappropriate messages of a sexual nature to a pupil at a school in which he previously ./Fursdon_Jack_Web_Decision.pdf-acted as a teaching assistant, there is a strong public interest consideration in respect of ./Fursdon_Jack_Web_Decision.pdf-the protection of pupils. The panel found Mr Fursdon’s evidence as to his contrition and ./Fursdon_Jack_Web_Decision.pdf-insight into his actions was credible and therefore did not find that there would be an ./Fursdon_Jack_Web_Decision.pdf-ongoing risk to pupils. ./Fursdon_Jack_Web_Decision.pdf- ./Fursdon_Jack_Web_Decision.pdf-Similarly, the panel considers that public confidence in the profession could be seriously ./Fursdon_Jack_Web_Decision.pdf-weakened if conduct such as that found against Mr Fursdon was not treated with the ./Fursdon_Jack_Web_Decision.pdf-utmost seriousness when regulating the conduct of the profession. ./Fursdon_Jack_Web_Decision.pdf- ./Fursdon_Jack_Web_Decision.pdf-The panel decided that a strong public interest consideration in declaring proper -- ./Fursdon_Jack_Web_Decision.pdf-In carrying out the balancing exercise, the panel had the public interest considerations, ./Fursdon_Jack_Web_Decision.pdf-both in favour of and against prohibition as well as the interests of Mr Fursdon in mind. ./Fursdon_Jack_Web_Decision.pdf-The panel took further account of the Advice, which suggests that a prohibition order may ./Fursdon_Jack_Web_Decision.pdf-be appropriate if certain behaviours of a teacher have been proven. In the list of such ./Fursdon_Jack_Web_Decision.pdf-behaviours, those that are relevant in this case are: ./Fursdon_Jack_Web_Decision.pdf- ./Fursdon_Jack_Web_Decision.pdf-  serious departure from the personal and professional conduct elements of the ./Fursdon_Jack_Web_Decision.pdf- Teachers’ Standards; ./Fursdon_Jack_Web_Decision.pdf-  misconduct seriously affecting the education and/or well-being of pupils, and ./Fursdon_Jack_Web_Decision.pdf- particularly where there is a continuing risk; ./Fursdon_Jack_Web_Decision.pdf:  sexual misconduct, eg involving actions that were sexually motivated or of a ./Fursdon_Jack_Web_Decision.pdf: sexual nature and/or that use or exploit the trust, knowledge or influence derived ./Fursdon_Jack_Web_Decision.pdf- from the individual’s professional position. ./Fursdon_Jack_Web_Decision.pdf-Even though there were behaviours that would point to a prohibition order being ./Fursdon_Jack_Web_Decision.pdf-appropriate, the panel went on to consider whether or not there were sufficient mitigating ./Fursdon_Jack_Web_Decision.pdf-factors to militate against a prohibition order being an appropriate and proportionate ./Fursdon_Jack_Web_Decision.pdf-measure to impose. The panel particularly took into account the nature and severity of ./Fursdon_Jack_Web_Decision.pdf-the behaviour in this case. ./Fursdon_Jack_Web_Decision.pdf- ./Fursdon_Jack_Web_Decision.pdf-In particular, the panel noted that the teacher has a previously good record and the panel ./Fursdon_Jack_Web_Decision.pdf-accepts that the incident was out of character. Whilst the panel does not accept that the ./Fursdon_Jack_Web_Decision.pdf-teacher was acting under duress [redacted]. The panel did not find that Mr Fursdon’s -- ./Fursdon_Jack_Web_Decision.pdf-mindful that the Advice states that a prohibition order applies for life, but there may be ./Fursdon_Jack_Web_Decision.pdf-circumstances in any given case that may make it appropriate to allow a teacher to apply ./Fursdon_Jack_Web_Decision.pdf-to have the prohibition order reviewed after a specified period of time that may not be ./Fursdon_Jack_Web_Decision.pdf-less than 2 years. ./Fursdon_Jack_Web_Decision.pdf- ./Fursdon_Jack_Web_Decision.pdf-The Advice indicates that there are behaviours that, if proven, would militate against a ./Fursdon_Jack_Web_Decision.pdf:review period being recommended. These behaviours include serious sexual ./Fursdon_Jack_Web_Decision.pdf:misconduct, e.g. where the act was sexually motivated and resulted in, or had the ./Fursdon_Jack_Web_Decision.pdf-potential to result in, harm to a person or persons, particularly where the individual has ./Fursdon_Jack_Web_Decision.pdf-used their professional position to influence or exploit a person or persons. Whilst the ./Fursdon_Jack_Web_Decision.pdf-panel found that Mr Fursdon’s actions in sending the inappropriate messages were ./Fursdon_Jack_Web_Decision.pdf:sexually motivated, it found that his actions were at the less serious end of the scale. ./Fursdon_Jack_Web_Decision.pdf- ./Fursdon_Jack_Web_Decision.pdf-The panel noted that Mr Fursdon had displayed a high level of cooperation both with the ./Fursdon_Jack_Web_Decision.pdf-School’s investigation and these proceedings. The panel placed considerable weight on ./Fursdon_Jack_Web_Decision.pdf-the evidence of Mr Fursdon as to his insight into his actions and found him to be ./Fursdon_Jack_Web_Decision.pdf-compelling and credible in his regret as to the actions which brought him before the panel ./Fursdon_Jack_Web_Decision.pdf-and for the adverse impact his actions had on Child A. The panel considered that Mr ./Fursdon_Jack_Web_Decision.pdf-Fursdon had been extremely naive and foolish in contacting a former pupil, who was still ./Fursdon_Jack_Web_Decision.pdf-under the age of 18, on social media after leaving his position at that School. ./Fursdon_Jack_Web_Decision.pdf- ./Fursdon_Jack_Web_Decision.pdf-In all the circumstances of this case, and in particular taking into consideration the oral -- ./Fursdon_Jack_Web_Decision.pdf- statutory provisions; ./Fursdon_Jack_Web_Decision.pdf-  Teachers must have proper and professional regard for the ethos, policies and ./Fursdon_Jack_Web_Decision.pdf- practices of the school in which they teach. ./Fursdon_Jack_Web_Decision.pdf-  Teachers must have an understanding of, and always act within, the statutory ./Fursdon_Jack_Web_Decision.pdf- frameworks which set out their professional duties and responsibilities. ./Fursdon_Jack_Web_Decision.pdf-The panel is satisfied that the conduct of Mr Fursdon fell significantly short of the ./Fursdon_Jack_Web_Decision.pdf-standards expected of the profession. ./Fursdon_Jack_Web_Decision.pdf- ./Fursdon_Jack_Web_Decision.pdf-The panel has also considered whether Mr Fursdon’s conduct displayed behaviours ./Fursdon_Jack_Web_Decision.pdf-associated with any of the offences listed on pages 8 and 9 of the Advice and the panel ./Fursdon_Jack_Web_Decision.pdf:has found that the offence of sexual activity is relevant. ./Fursdon_Jack_Web_Decision.pdf- ./Fursdon_Jack_Web_Decision.pdf-I have to determine whether the imposition of a prohibition order is proportionate and in ./Fursdon_Jack_Web_Decision.pdf-the public interest. In considering that for this case I have considered the overall aim of a ./Fursdon_Jack_Web_Decision.pdf-prohibition order which is to protect pupils and to maintain public confidence in the ./Fursdon_Jack_Web_Decision.pdf-profession. I have considered the extent to which a prohibition order in this case would ./Fursdon_Jack_Web_Decision.pdf-achieve that aim taking into account the impact that it will have on the individual teacher. ./Fursdon_Jack_Web_Decision.pdf-I have also asked myself whether or not a less intrusive measure, such as the published ./Fursdon_Jack_Web_Decision.pdf-finding of unacceptable professional conduct and conduct that may bring the profession ./Fursdon_Jack_Web_Decision.pdf-into disrepute, would itself be sufficient to achieve the overall aim. I have to consider ./Fursdon_Jack_Web_Decision.pdf-whether the consequences of such a publication are themselves sufficient. I have -- ./Fursdon_Jack_Web_Decision.pdf-I have gone on to consider the extent to which a prohibition order would maintain public ./Fursdon_Jack_Web_Decision.pdf-confidence in the profession. The panel observe, “the conduct found against Mr Fursdon ./Fursdon_Jack_Web_Decision.pdf-was outside that which could reasonably be tolerated.” ./Fursdon_Jack_Web_Decision.pdf- ./Fursdon_Jack_Web_Decision.pdf:I am particularly mindful of the finding of sexual misconduct in this case and the impact ./Fursdon_Jack_Web_Decision.pdf-that such a finding has on the reputation of the profession. ./Fursdon_Jack_Web_Decision.pdf- ./Fursdon_Jack_Web_Decision.pdf-I have had to consider that the public has a high expectation of professional standards of ./Fursdon_Jack_Web_Decision.pdf-all teachers and that failure to impose a prohibition order might be regarded by the public ./Fursdon_Jack_Web_Decision.pdf-as a failure to uphold those high standards. In weighing these considerations I have had ./Fursdon_Jack_Web_Decision.pdf-to consider the matter from the point of view of an “ordinary intelligent and well-informed ./Fursdon_Jack_Web_Decision.pdf-citizen.” ./Fursdon_Jack_Web_Decision.pdf- ./Fursdon_Jack_Web_Decision.pdf-I have considered whether the publication of a finding of unacceptable professional ./Fursdon_Jack_Web_Decision.pdf-conduct, in the absence of a prohibition order, can itself be regarded by such a person as -- ./Fursdon_Jack_Web_Decision.pdf-deprive the public of his contribution to the profession for the period that it is in force. ./Fursdon_Jack_Web_Decision.pdf- ./Fursdon_Jack_Web_Decision.pdf-In this case I have placed considerable weight on the panel’s comments concerning the ./Fursdon_Jack_Web_Decision.pdf-behaviours shown. In recommending a prohibition order the panel has said, “the public ./Fursdon_Jack_Web_Decision.pdf-interest considerations outweigh the interests of Mr Fursdon. The nature and extent of ./Fursdon_Jack_Web_Decision.pdf-the messages sent to Child A were significant factors in forming that opinion.” ./Fursdon_Jack_Web_Decision.pdf- ./Fursdon_Jack_Web_Decision.pdf-I have given less weight in my consideration of sanction therefore, to the contribution that ./Fursdon_Jack_Web_Decision.pdf-Mr Fursdon has made to the profession. In my view it is necessary to impose a ./Fursdon_Jack_Web_Decision.pdf-prohibition order in order to maintain public confidence in the profession. Mr Fursdon’s ./Fursdon_Jack_Web_Decision.pdf:behaviour was sexually motivated. I accept that the panel has found it was at the less ./Fursdon_Jack_Web_Decision.pdf-serious end of that behaviour. ./Fursdon_Jack_Web_Decision.pdf- ./Fursdon_Jack_Web_Decision.pdf-For these reasons I have concluded that a prohibition order is proportionate and in the ./Fursdon_Jack_Web_Decision.pdf-public interest in order to achieve the aims which a prohibition order is intended to ./Fursdon_Jack_Web_Decision.pdf-achieve. ./Fursdon_Jack_Web_Decision.pdf- ./Fursdon_Jack_Web_Decision.pdf-I have gone on to consider the matter of a review period. In this case the panel has ./Fursdon_Jack_Web_Decision.pdf-recommended a two year review period. That is the minimum period allowed for in the ./Fursdon_Jack_Web_Decision.pdf-legislation. ./Fursdon_Jack_Web_Decision.pdf- ./Geary_Jayne_SoS_decision_Redacted.pdf-the behaviour and the likely harm to the public interest were the teacher be allowed to ./Geary_Jayne_SoS_decision_Redacted.pdf-continue to teach, the panel went on to consider the mitigation offered by the teacher or ./Geary_Jayne_SoS_decision_Redacted.pdf-whether there were mitigating circumstances. ./Geary_Jayne_SoS_decision_Redacted.pdf- ./Geary_Jayne_SoS_decision_Redacted.pdf-There was no evidence that Mrs Geary’s actions were not deliberate. ./Geary_Jayne_SoS_decision_Redacted.pdf- ./Geary_Jayne_SoS_decision_Redacted.pdf-There was no evidence to suggest that Mrs Geary was acting under extreme duress. The ./Geary_Jayne_SoS_decision_Redacted.pdf-panel noted that Mrs Geary stated that she was under duress at the School, but the ./Geary_Jayne_SoS_decision_Redacted.pdf-panel saw no evidence that Mrs Geary was acting in response to a physical threat or ./Geary_Jayne_SoS_decision_Redacted.pdf-significant intimidation. In her written submissions, Mrs Geary raised concerns as to ./Geary_Jayne_SoS_decision_Redacted.pdf:intimidation and sexual harassment by some members of the School, but the panel saw ./Geary_Jayne_SoS_decision_Redacted.pdf-no evidence as to this and did not consider these incidents to be relevant to the ./Geary_Jayne_SoS_decision_Redacted.pdf-allegations found proven or to amount to extreme duress. ./Geary_Jayne_SoS_decision_Redacted.pdf- ./Geary_Jayne_SoS_decision_Redacted.pdf-Mrs Geary did have a previously good history. ./Geary_Jayne_SoS_decision_Redacted.pdf- ./Geary_Jayne_SoS_decision_Redacted.pdf- ./Geary_Jayne_SoS_decision_Redacted.pdf- 20 ./Geary_Jayne_SoS_decision_Redacted.pdf- ./GeorgeWarrenfordSofSdecision.pdf- ./GeorgeWarrenfordSofSdecision.pdf- a. Asked Pupil A for her phone number, ./GeorgeWarrenfordSofSdecision.pdf- ./GeorgeWarrenfordSofSdecision.pdf- ./GeorgeWarrenfordSofSdecision.pdf- b. Contacted Pupil A via Facebook, ./GeorgeWarrenfordSofSdecision.pdf- ./GeorgeWarrenfordSofSdecision.pdf- ./GeorgeWarrenfordSofSdecision.pdf- c. Asked Pupil A for a photograph of herself. ./GeorgeWarrenfordSofSdecision.pdf- ./GeorgeWarrenfordSofSdecision.pdf- ./GeorgeWarrenfordSofSdecision.pdf: 4. His actions set out at 1 and/or 2 and/or 3 above were sexually motivated. ./GeorgeWarrenfordSofSdecision.pdf- ./GeorgeWarrenfordSofSdecision.pdf- ./GeorgeWarrenfordSofSdecision.pdf-C. Preliminary applications ./GeorgeWarrenfordSofSdecision.pdf-The panel considered an application from the presenting officer to proceed in the ./GeorgeWarrenfordSofSdecision.pdf-absence of Mr George. ./GeorgeWarrenfordSofSdecision.pdf- ./GeorgeWarrenfordSofSdecision.pdf-The panel had regard to letters sent by the National College to Mr George, which did not ./GeorgeWarrenfordSofSdecision.pdf-form part of the formal bundle but which were available at the hearing. A further copy of ./GeorgeWarrenfordSofSdecision.pdf-the Notice of Proceedings was sent to Mr George on 8 December 2016 and a further ./GeorgeWarrenfordSofSdecision.pdf- -- ./GeorgeWarrenfordSofSdecision.pdf-that the code of conduct was designed to encapsulate the ethos of the School which ./GeorgeWarrenfordSofSdecision.pdf-values positive cordial interactions with pupils. ./GeorgeWarrenfordSofSdecision.pdf-The panel considered that Mr George’s conduct, in relation to all the allegations it has ./GeorgeWarrenfordSofSdecision.pdf-found proven at 1.a to 1.d., 2 and 3.a. to 3.c., were examples of Mr George’s failure to ./GeorgeWarrenfordSofSdecision.pdf-maintain the appropriate professional boundaries between himself and Pupil A. The ./GeorgeWarrenfordSofSdecision.pdf-panel also determined that this same conduct was a failure, by Mr George, to maintain ./GeorgeWarrenfordSofSdecision.pdf-appropriate professional standards and were in direct breach of the School’s code of ./GeorgeWarrenfordSofSdecision.pdf-conduct. ./GeorgeWarrenfordSofSdecision.pdf- ./GeorgeWarrenfordSofSdecision.pdf- ./GeorgeWarrenfordSofSdecision.pdf: 4. Your actions set out at 1 and/or 2 and/or 3 above were sexually motivated. ./GeorgeWarrenfordSofSdecision.pdf- ./GeorgeWarrenfordSofSdecision.pdf-The legal advisor advised the panel that it may find it helpful to ask itself whether on the ./GeorgeWarrenfordSofSdecision.pdf-balance of probabilities reasonable persons would think the words/actions found proven ./GeorgeWarrenfordSofSdecision.pdf:against Mr George could be sexual. If so, the panel will then need to go on to ask itself a ./GeorgeWarrenfordSofSdecision.pdf-second question: whether, in all the circumstances of the conduct in the case, it is more ./GeorgeWarrenfordSofSdecision.pdf:likely than not that the purpose of Mr George’s words/actions was sexual. ./GeorgeWarrenfordSofSdecision.pdf- ./GeorgeWarrenfordSofSdecision.pdf-The presenting officer submitted in her opening remarks that Mr George’s expression of ./GeorgeWarrenfordSofSdecision.pdf-his feelings towards Pupil A and conduct on or around October 2015 towards Pupil A was ./GeorgeWarrenfordSofSdecision.pdf:sexually motivated. The presenting officer submitted that the feelings that Mr George ./GeorgeWarrenfordSofSdecision.pdf-declared to Pupil A on 21 October 2015 were clearly not of a paternal/pastoral nature. It ./GeorgeWarrenfordSofSdecision.pdf-was Pupil A’s opinion that Mr George believed that Pupil A had taken his declaration of ./GeorgeWarrenfordSofSdecision.pdf-affection well. It was Pupil A’s oral evidence that Mr George’s request for her photograph ./GeorgeWarrenfordSofSdecision.pdf-was prompted by him not being able to see her over the half-term break. This in the ./GeorgeWarrenfordSofSdecision.pdf:presenting officer’s submission was motivated by feelings of sexual attraction towards ./GeorgeWarrenfordSofSdecision.pdf-Pupil A. It was further submitted by the presenting officer that Mr George’s suggestion ./GeorgeWarrenfordSofSdecision.pdf-that he was concerned about Pupil A’s welfare and her anxiety over upcoming mock ./GeorgeWarrenfordSofSdecision.pdf-exams, was implausible. ./GeorgeWarrenfordSofSdecision.pdf- ./GeorgeWarrenfordSofSdecision.pdf:The presenting officer submitted that Mr George’s conduct was sexual activity of a very ./GeorgeWarrenfordSofSdecision.pdf-minor nature and it is not suggested by the National College that Mr George acted in a ./GeorgeWarrenfordSofSdecision.pdf-“predatory” manner. ./GeorgeWarrenfordSofSdecision.pdf- ./GeorgeWarrenfordSofSdecision.pdf-Pupil A stated, in her statement, that Mr George had previously asked her about whether ./GeorgeWarrenfordSofSdecision.pdf-she was seeing anyone which she found slightly odd, but when Mr George made a ./GeorgeWarrenfordSofSdecision.pdf-comment like this he would tell Pupil A not to worry as he was not “hitting” on her. In her ./GeorgeWarrenfordSofSdecision.pdf-oral evidence, Pupil A stated that this was the first time that she thought she needed to ./GeorgeWarrenfordSofSdecision.pdf-be cautious as these comments made her worry about Mr George’s behaviour around ./GeorgeWarrenfordSofSdecision.pdf-her. ./GeorgeWarrenfordSofSdecision.pdf- -- ./GeorgeWarrenfordSofSdecision.pdf-In his oral evidence, Witness A stated that in the course of his initial investigation of the ./GeorgeWarrenfordSofSdecision.pdf-allegation raised by Pupil A against Mr George, he formed the view that Mr George was ./GeorgeWarrenfordSofSdecision.pdf-not seeking to “groom” Pupil A. Witness A believed these incidents were not an example ./GeorgeWarrenfordSofSdecision.pdf-of a specific course of conduct which had “roots”. In the interview that Witness A ./GeorgeWarrenfordSofSdecision.pdf-conducted with Mr George on 27 October 2015, Mr George was very frank and he ./GeorgeWarrenfordSofSdecision.pdf-voluntarily offered information about kissing Pupil A. Witness A’s oral evidence was that ./GeorgeWarrenfordSofSdecision.pdf-Mr George was manifestly upset during this interview and by his demeanour it was clear ./GeorgeWarrenfordSofSdecision.pdf-that he knew he had done something wrong. ./GeorgeWarrenfordSofSdecision.pdf- ./GeorgeWarrenfordSofSdecision.pdf-The panel considered that reasonable persons would consider that all of Mr George’s ./GeorgeWarrenfordSofSdecision.pdf:conduct relating to allegations 1.a. to 1.d., 2 and 3.a. to 3.c. was sexually motivated and ./GeorgeWarrenfordSofSdecision.pdf-the panel also determined, based on the evidence presented, that the purpose of Mr ./GeorgeWarrenfordSofSdecision.pdf:George’s actions relating to these same allegations, was sexually motivated. ./GeorgeWarrenfordSofSdecision.pdf- ./GeorgeWarrenfordSofSdecision.pdf-The panel therefore finds allegation 4 proven in relation to allegations 1, 2 and 3. ./GeorgeWarrenfordSofSdecision.pdf- ./GeorgeWarrenfordSofSdecision.pdf-Findings as to unacceptable professional conduct and/or conduct that ./GeorgeWarrenfordSofSdecision.pdf-may bring the profession into disrepute ./GeorgeWarrenfordSofSdecision.pdf- ./GeorgeWarrenfordSofSdecision.pdf-Having found all of the allegations to have been proven, the panel has gone on to ./GeorgeWarrenfordSofSdecision.pdf-consider whether the facts of those proven allegations amount to unacceptable ./GeorgeWarrenfordSofSdecision.pdf-professional conduct and/or conduct that may bring the profession into disrepute. ./GeorgeWarrenfordSofSdecision.pdf- -- ./GeorgeWarrenfordSofSdecision.pdf-standards expected of the profession. By singling out Pupil A and using emotionally ./GeorgeWarrenfordSofSdecision.pdf-charged phrases, taking Pupil A to a secluded area of the sixth form building of the ./GeorgeWarrenfordSofSdecision.pdf-School and kissing her cheek, and then subsequently asking her to go for coffee are ./GeorgeWarrenfordSofSdecision.pdf-examples of behaviour that should not be undertaken by a teacher and breached the ./GeorgeWarrenfordSofSdecision.pdf-Teachers’ Standards referred to above. The panel considered that Pupil A’s well-being ./GeorgeWarrenfordSofSdecision.pdf-was affected by Mr George’s behaviour, he caused her to panic and feel awkward at the ./GeorgeWarrenfordSofSdecision.pdf-time of the kiss and subsequently after. ./GeorgeWarrenfordSofSdecision.pdf- ./GeorgeWarrenfordSofSdecision.pdf-The panel has also considered whether Mr George’s conduct displayed behaviours ./GeorgeWarrenfordSofSdecision.pdf-associated with any of the offences listed on pages 8 and 9 of the Advice. The panel has ./GeorgeWarrenfordSofSdecision.pdf:found that the offence of sexual activity is relevant albeit that the conduct found proven is ./GeorgeWarrenfordSofSdecision.pdf-at the lowest possible end of the spectrum and happened in a very short space of time. ./GeorgeWarrenfordSofSdecision.pdf-The Advice indicates that where behaviours associated with such an offence exist, a ./GeorgeWarrenfordSofSdecision.pdf-panel is likely to conclude that an individual’s conduct would amount to unacceptable ./GeorgeWarrenfordSofSdecision.pdf-professional conduct. Accordingly, the panel is satisfied that Mr George is guilty of ./GeorgeWarrenfordSofSdecision.pdf-unacceptable professional conduct. ./GeorgeWarrenfordSofSdecision.pdf- ./GeorgeWarrenfordSofSdecision.pdf-The panel has taken into account how the teaching profession is viewed by others and ./GeorgeWarrenfordSofSdecision.pdf-considered the influence that teachers may have on pupils, parents and others in the ./GeorgeWarrenfordSofSdecision.pdf-community. The panel has taken account of the uniquely influential role that teachers can ./GeorgeWarrenfordSofSdecision.pdf-hold in pupils’ lives and that pupils must be able to view teachers as role models in the -- ./GeorgeWarrenfordSofSdecision.pdf-should be made, the panel has to consider whether it is an appropriate and proportionate ./GeorgeWarrenfordSofSdecision.pdf-measure, and whether it is in the public interest to do so. Prohibition orders should not be ./GeorgeWarrenfordSofSdecision.pdf-given in order to be punitive, or to show that blame has been apportioned, although they ./GeorgeWarrenfordSofSdecision.pdf-are likely to have punitive effect. ./GeorgeWarrenfordSofSdecision.pdf- ./GeorgeWarrenfordSofSdecision.pdf-The panel has considered the particular public interest considerations set out in the ./GeorgeWarrenfordSofSdecision.pdf-Advice and having done so has found a number of them to be relevant in this case, ./GeorgeWarrenfordSofSdecision.pdf-namely: the protection of pupils, the maintenance of public confidence in the profession, ./GeorgeWarrenfordSofSdecision.pdf-declaring and upholding proper standards of conduct. ./GeorgeWarrenfordSofSdecision.pdf- ./GeorgeWarrenfordSofSdecision.pdf:In light of the panel’s findings against Mr George, which involved sexually motivated ./GeorgeWarrenfordSofSdecision.pdf-behaviour towards Pupil A, there is a strong public interest consideration in respect of the ./GeorgeWarrenfordSofSdecision.pdf-protection of pupils. ./GeorgeWarrenfordSofSdecision.pdf- ./GeorgeWarrenfordSofSdecision.pdf-Similarly, the panel considers that public confidence in the profession could be seriously ./GeorgeWarrenfordSofSdecision.pdf-weakened if conduct such as that found against Mr George were not treated seriously ./GeorgeWarrenfordSofSdecision.pdf-when regulating the conduct of the profession. ./GeorgeWarrenfordSofSdecision.pdf- ./GeorgeWarrenfordSofSdecision.pdf-The panel considered that a public interest consideration in declaring proper standards of ./GeorgeWarrenfordSofSdecision.pdf-conduct in the profession was also present as the conduct found against Mr George was ./GeorgeWarrenfordSofSdecision.pdf-outside that which could reasonably be tolerated. -- ./GeorgeWarrenfordSofSdecision.pdf-  abuse of position or trust (particularly involving vulnerable pupils) or violation of the ./GeorgeWarrenfordSofSdecision.pdf- rights of pupils ./GeorgeWarrenfordSofSdecision.pdf:  sexual misconduct, e.g. involving actions that were sexually motivated or of a ./GeorgeWarrenfordSofSdecision.pdf: sexual nature and/or that use or exploit the trust, knowledge or influence derived ./GeorgeWarrenfordSofSdecision.pdf- from the individual’s professional position ./GeorgeWarrenfordSofSdecision.pdf- ./GeorgeWarrenfordSofSdecision.pdf-Even though there were behaviours that would point to a prohibition order being ./GeorgeWarrenfordSofSdecision.pdf-appropriate, the panel went on to consider whether or not there were sufficient mitigating ./GeorgeWarrenfordSofSdecision.pdf-factors to militate against a prohibition order being an appropriate and proportionate ./GeorgeWarrenfordSofSdecision.pdf-measure to impose, particularly taking into account the nature and severity of the ./GeorgeWarrenfordSofSdecision.pdf-behaviour in this case. ./GeorgeWarrenfordSofSdecision.pdf- ./GeorgeWarrenfordSofSdecision.pdf-There was no evidence that Mr George’s actions were not deliberate or that he was ./GeorgeWarrenfordSofSdecision.pdf-acting under duress. There was limited evidence available to the panel relating to Mr -- ./GeorgeWarrenfordSofSdecision.pdf-immediate effect. ./GeorgeWarrenfordSofSdecision.pdf- ./GeorgeWarrenfordSofSdecision.pdf-The panel went on to consider whether or not it would be appropriate for them to decide ./GeorgeWarrenfordSofSdecision.pdf-to recommend that a review period of the order should be considered. The panel were ./GeorgeWarrenfordSofSdecision.pdf-mindful that the Advice advises that a prohibition order applies for life, but there may be ./GeorgeWarrenfordSofSdecision.pdf-circumstances in any given case that may make it appropriate to allow a teacher to apply ./GeorgeWarrenfordSofSdecision.pdf-to have the prohibition order reviewed after a specified period of time that may not be ./GeorgeWarrenfordSofSdecision.pdf-less than 2 years. ./GeorgeWarrenfordSofSdecision.pdf- ./GeorgeWarrenfordSofSdecision.pdf-The Advice indicates that there are behaviours that, if proven, would militate against a ./GeorgeWarrenfordSofSdecision.pdf:review period being recommended. These behaviours include serious sexual ./GeorgeWarrenfordSofSdecision.pdf:misconduct, e.g. where the act was sexually motivated and resulted in or had the ./GeorgeWarrenfordSofSdecision.pdf-potential to result in, harm to a person or persons, particularly where the individual has ./GeorgeWarrenfordSofSdecision.pdf-used their professional position to influence or exploit a person or persons. Although the ./GeorgeWarrenfordSofSdecision.pdf:panel has found that Mr George has exercised sexually motivated behaviour towards ./GeorgeWarrenfordSofSdecision.pdf-Pupil A, as his conduct was at the lowest possible end of the spectrum, the panel did not ./GeorgeWarrenfordSofSdecision.pdf:consider his actions amounted to serious sexual misconduct. The panel was mindful of ./GeorgeWarrenfordSofSdecision.pdf-Pupil A’s oral evidence that she had suffered no lasting impact as a result of Mr George’s ./GeorgeWarrenfordSofSdecision.pdf-behaviour and that he was not a “bad man”. This further demonstrated to the panel why ./GeorgeWarrenfordSofSdecision.pdf:serious sexual misconduct is not relevant in this case. ./GeorgeWarrenfordSofSdecision.pdf- ./GeorgeWarrenfordSofSdecision.pdf-The panel noted from the record of Mr George’s interview with Witness A, included in the ./GeorgeWarrenfordSofSdecision.pdf-bundle, that Mr George was upfront and honest about his actions relating to kissing Pupil ./GeorgeWarrenfordSofSdecision.pdf-A on the cheek. The notes of this interview reflect, Mr George stating that “I consider it ./GeorgeWarrenfordSofSdecision.pdf-inappropriate…” Witness A’s oral evidence was that Mr George volunteered information ./GeorgeWarrenfordSofSdecision.pdf-about his conduct during this interview and clearly accepted that he had done something ./GeorgeWarrenfordSofSdecision.pdf-wrong. In his witness statement, Witness A stated that Mr George was “apologetic about ./GeorgeWarrenfordSofSdecision.pdf-the mistake… [he] was clearly very regretful”. Although Mr George has not engaged in ./GeorgeWarrenfordSofSdecision.pdf- ./GeorgeWarrenfordSofSdecision.pdf- -- ./GeorgeWarrenfordSofSdecision.pdf-these proceedings, the panel considers that Mr George demonstrated some remorse and ./GeorgeWarrenfordSofSdecision.pdf-insight over the inappropriateness of his actions during the School’s disciplinary process. ./GeorgeWarrenfordSofSdecision.pdf- ./GeorgeWarrenfordSofSdecision.pdf-The panel therefore determined that its findings indicated a situation in which a review ./GeorgeWarrenfordSofSdecision.pdf-period would be appropriate. As Mr George’s conduct was at the lowest possible end of ./GeorgeWarrenfordSofSdecision.pdf:the spectrum and there was no evidence of any other sexual activity beyond a kiss on the ./GeorgeWarrenfordSofSdecision.pdf-cheek, the panel decided that it would be proportionate in all the circumstances for the ./GeorgeWarrenfordSofSdecision.pdf-prohibition order to be recommended with provisions for a review period of 2 years. ./GeorgeWarrenfordSofSdecision.pdf- ./GeorgeWarrenfordSofSdecision.pdf- ./GeorgeWarrenfordSofSdecision.pdf-Decision and reasons on behalf of the Secretary of State ./GeorgeWarrenfordSofSdecision.pdf-I have given very careful consideration to this case and to the recommendation of the ./GeorgeWarrenfordSofSdecision.pdf-panel in respect of sanction and review period. ./GeorgeWarrenfordSofSdecision.pdf- ./GeorgeWarrenfordSofSdecision.pdf-In considering this case I have given very careful attention to the advice that is published ./GeorgeWarrenfordSofSdecision.pdf-by the Secretary of State concerning the prohibition of teachers. -- ./GeorgeWarrenfordSofSdecision.pdf-was affected by Mr George’s behaviour, he caused her to panic and feel awkward at the ./GeorgeWarrenfordSofSdecision.pdf-time of the kiss and subsequently after. ./GeorgeWarrenfordSofSdecision.pdf- ./GeorgeWarrenfordSofSdecision.pdf-The panel has also considered whether Mr George’s conduct displayed behaviours ./GeorgeWarrenfordSofSdecision.pdf-associated with any of the offences listed on pages 8 and 9 of the Advice. The panel has ./GeorgeWarrenfordSofSdecision.pdf:found that the offence of sexual activity is relevant albeit that the conduct found proven is ./GeorgeWarrenfordSofSdecision.pdf-at the lowest possible end of the spectrum and happened in a very short space of time. ./GeorgeWarrenfordSofSdecision.pdf- ./GeorgeWarrenfordSofSdecision.pdf-I have to determine whether the imposition of a prohibition order is proportionate and in ./GeorgeWarrenfordSofSdecision.pdf-the public interest. In considering that for this case, I have considered the overall aim of a ./GeorgeWarrenfordSofSdecision.pdf-prohibition order which is to protect pupils and to maintain public confidence in the ./GeorgeWarrenfordSofSdecision.pdf-profession. I have considered the extent to which a prohibition order in this case would ./GeorgeWarrenfordSofSdecision.pdf-achieve that aim taking into account the impact that it will have on the individual teacher. ./GeorgeWarrenfordSofSdecision.pdf-I have also asked myself whether or not a less intrusive measure, such as the published ./GeorgeWarrenfordSofSdecision.pdf-finding of unacceptable professional conduct and conduct that may bring the profession ./GeorgeWarrenfordSofSdecision.pdf-into disrepute, would itself be sufficient to achieve the overall aim. I have to consider ./Gibbinson_Paul_web_decision.pdf- 1. He, in or around 2014, spoke to Pupil A in an inappropriate manner, by: ./Gibbinson_Paul_web_decision.pdf- ./Gibbinson_Paul_web_decision.pdf- a. Discussing masturbation; ./Gibbinson_Paul_web_decision.pdf- ./Gibbinson_Paul_web_decision.pdf- b. Suggesting masturbation was ‘scientifically proven to work’ as a form of ./Gibbinson_Paul_web_decision.pdf- stress relief; ./Gibbinson_Paul_web_decision.pdf- ./Gibbinson_Paul_web_decision.pdf- c. Asking Pupil A if she had “tried that thing yet”, implying that “that thing” was ./Gibbinson_Paul_web_decision.pdf- masturbating; ./Gibbinson_Paul_web_decision.pdf- ./Gibbinson_Paul_web_decision.pdf: 2. In undertaking allegation 1 his conduct was sexually motivated; ./Gibbinson_Paul_web_decision.pdf- ./Gibbinson_Paul_web_decision.pdf- 3. In undertaking allegation 1 his conduct was dishonest in that he told Pupil A: ./Gibbinson_Paul_web_decision.pdf- ./Gibbinson_Paul_web_decision.pdf- a. Not to tell anyone; ./Gibbinson_Paul_web_decision.pdf- ./Gibbinson_Paul_web_decision.pdf- b. That it did not come from a teacher. ./Gibbinson_Paul_web_decision.pdf- ./Gibbinson_Paul_web_decision.pdf-Mr Gibbinson admits the facts of allegation 1.a. and admits this amounts to unacceptable ./Gibbinson_Paul_web_decision.pdf-professional conduct falling significantly short of the standard of behaviour that may bring ./Gibbinson_Paul_web_decision.pdf-the profession into disrepute. -- ./Gibbinson_Paul_web_decision.pdf-The panel has found the following particulars of the allegation(s) against you not proven, ./Gibbinson_Paul_web_decision.pdf-for these reasons: ./Gibbinson_Paul_web_decision.pdf- ./Gibbinson_Paul_web_decision.pdf:2. In undertaking allegation 1, your actions were sexually motivated ./Gibbinson_Paul_web_decision.pdf- ./Gibbinson_Paul_web_decision.pdf-Pupil A gave evidence that she believed Mr Gibbinson was trying to help her and give her ./Gibbinson_Paul_web_decision.pdf-advice but that this advice made her feel uncomfortable. ./Gibbinson_Paul_web_decision.pdf- ./Gibbinson_Paul_web_decision.pdf:Mr Gibbinson denied that the discussion about masturbation was sexually motivated and ./Gibbinson_Paul_web_decision.pdf-denied that a further conversation took place in which he asked her whether she had, ./Gibbinson_Paul_web_decision.pdf-“tried that thing yet”. ./Gibbinson_Paul_web_decision.pdf- ./Gibbinson_Paul_web_decision.pdf-As with all findings of fact, the Panel considered this question applying the balance of ./Gibbinson_Paul_web_decision.pdf-probabilities. The panel considered whether on the balance of probabilities reasonable ./Gibbinson_Paul_web_decision.pdf:persons would think the words found proven could be sexual. The panel then considered ./Gibbinson_Paul_web_decision.pdf-whether, in all the circumstances of the conduct in the case, it was more likely than not ./Gibbinson_Paul_web_decision.pdf:that the teacher’s purpose of such words were sexual. ./Gibbinson_Paul_web_decision.pdf- ./Gibbinson_Paul_web_decision.pdf:The panel considered whether, even in the absence of any direct evidence, sexual ./Gibbinson_Paul_web_decision.pdf-motivation should be inferred from all the circumstances of the case. The panel had in ./Gibbinson_Paul_web_decision.pdf-mind the evidence of the teacher’s character and considered whether such evidence had ./Gibbinson_Paul_web_decision.pdf-any bearing on the teacher’s credibility or propensity to have carried out the alleged facts ./Gibbinson_Paul_web_decision.pdf-or to the circumstances in which the teacher found himself. ./Gibbinson_Paul_web_decision.pdf- ./Gibbinson_Paul_web_decision.pdf-The panel considered all of the evidence, and on the balance of probabilities did not ./Gibbinson_Paul_web_decision.pdf-consider that allegation 2 was proved. ./Gibbinson_Paul_web_decision.pdf- ./Gibbinson_Paul_web_decision.pdf-Findings as to unacceptable professional conduct ./Gibbinson_Paul_web_decision.pdf-Having found a number of the allegations to have been proven, the panel has gone on to ./Gibbon__Oscar__15701__-_Web_decision.pdf-appropriate, the panel went on to consider whether or not there were sufficient mitigating ./Gibbon__Oscar__15701__-_Web_decision.pdf-factors to militate against a prohibition order being an appropriate and proportionate ./Gibbon__Oscar__15701__-_Web_decision.pdf-measure to impose, particularly taking into account the nature and severity of the ./Gibbon__Oscar__15701__-_Web_decision.pdf-behaviour in this case. There was evidence (pages 251-252 of the bundle) that Mr ./Gibbon__Oscar__15701__-_Web_decision.pdf-Gibbon understood that his actions were wrong and that he fully understood that the ./Gibbon__Oscar__15701__-_Web_decision.pdf-nature of the job meant the highest standards must be maintained. Mr Gibbon also stated ./Gibbon__Oscar__15701__-_Web_decision.pdf-that he, “made a genuine mistake”. ./Gibbon__Oscar__15701__-_Web_decision.pdf- ./Gibbon__Oscar__15701__-_Web_decision.pdf-The panel also considered that Mr Gibbon admitted the relationship but noted that the ./Gibbon__Oscar__15701__-_Web_decision.pdf-relationship was denied in the first instance. The panel agreed that whilst there were no ./Gibbon__Oscar__15701__-_Web_decision.pdf:references to sexual motivation within the allegations, Mr Gibbon had abused a position ./Gibbon__Oscar__15701__-_Web_decision.pdf-of trust. ./Gibbon__Oscar__15701__-_Web_decision.pdf- ./Gibbon__Oscar__15701__-_Web_decision.pdf-The panel first considered whether it would be proportionate to conclude this case with ./Gibbon__Oscar__15701__-_Web_decision.pdf-no recommendation of prohibition, considering whether the publication of the findings ./Gibbon__Oscar__15701__-_Web_decision.pdf-made by the panel would be sufficient. ./Gibbon__Oscar__15701__-_Web_decision.pdf- ./Gibbon__Oscar__15701__-_Web_decision.pdf-The panel was of the view that applying the standard of the ordinary intelligent citizen ./Gibbon__Oscar__15701__-_Web_decision.pdf-recommending no prohibition order would not be a proportionate and appropriate ./Gibbon__Oscar__15701__-_Web_decision.pdf-response. Recommending that publication of adverse findings is sufficient in the case ./Gibbon__Oscar__15701__-_Web_decision.pdf-would unacceptably compromise the public interest considerations present in this case, ./Gibson_Paul_SoS_Decision_for_Web.pdf-It was alleged that Mr Gibson was guilty of unacceptable professional conduct and/or ./Gibson_Paul_SoS_Decision_for_Web.pdf-conduct that may bring the profession into disrepute, in that: ./Gibson_Paul_SoS_Decision_for_Web.pdf- ./Gibson_Paul_SoS_Decision_for_Web.pdf-1. He engaged in Skype conversations (using the user name spidermonkeytoy) with ./Gibson_Paul_SoS_Decision_for_Web.pdf- girls who he believed to be 16/17 years old ./Gibson_Paul_SoS_Decision_for_Web.pdf- ./Gibson_Paul_SoS_Decision_for_Web.pdf-2. During the Skype conversations he: ./Gibson_Paul_SoS_Decision_for_Web.pdf- ./Gibson_Paul_SoS_Decision_for_Web.pdf- (a) Portrayed himself as a 16/17 year old boy ./Gibson_Paul_SoS_Decision_for_Web.pdf- ./Gibson_Paul_SoS_Decision_for_Web.pdf: (b) Discussed topics of a sexual nature and/or explicit nature ./Gibson_Paul_SoS_Decision_for_Web.pdf- ./Gibson_Paul_SoS_Decision_for_Web.pdf:3. His conduct set out above was sexually motivated ./Gibson_Paul_SoS_Decision_for_Web.pdf- ./Gibson_Paul_SoS_Decision_for_Web.pdf-Mr Gibson has admitted the facts of the allegation and that those facts amount to ./Gibson_Paul_SoS_Decision_for_Web.pdf-unacceptable professional conduct and conduct that may bring the profession into ./Gibson_Paul_SoS_Decision_for_Web.pdf-disrepute. ./Gibson_Paul_SoS_Decision_for_Web.pdf- ./Gibson_Paul_SoS_Decision_for_Web.pdf- ./Gibson_Paul_SoS_Decision_for_Web.pdf-C. Preliminary applications ./Gibson_Paul_SoS_Decision_for_Web.pdf-There were no preliminary applications. ./Gibson_Paul_SoS_Decision_for_Web.pdf- ./Gibson_Paul_SoS_Decision_for_Web.pdf-The panel considered at the outset whether the allegation should be considered at a -- ./Gibson_Paul_SoS_Decision_for_Web.pdf- ./Gibson_Paul_SoS_Decision_for_Web.pdf-“On 1 September 2013 you told Miss G (17 years old) you were a 17 year old male from ./Gibson_Paul_SoS_Decision_for_Web.pdf-Newcastle”. ./Gibson_Paul_SoS_Decision_for_Web.pdf- ./Gibson_Paul_SoS_Decision_for_Web.pdf-The panel examined the records of Skype messages and noted the reference written ./Gibson_Paul_SoS_Decision_for_Web.pdf-using the user name “spidermonkeytoy” for example, to “16m England” and did consider ./Gibson_Paul_SoS_Decision_for_Web.pdf-that this portrayed Mr Gibson as being a 16 year old boy. ./Gibson_Paul_SoS_Decision_for_Web.pdf- ./Gibson_Paul_SoS_Decision_for_Web.pdf-The panel therefore finds this allegation proven. ./Gibson_Paul_SoS_Decision_for_Web.pdf- ./Gibson_Paul_SoS_Decision_for_Web.pdf:2.(b) During the Skype conversations you discussed topics of a sexual nature ./Gibson_Paul_SoS_Decision_for_Web.pdf- and/or explicit nature ./Gibson_Paul_SoS_Decision_for_Web.pdf- ./Gibson_Paul_SoS_Decision_for_Web.pdf-In his response on the Notice of Referral Form dated 19 July 2016, Mr Gibson stated that ./Gibson_Paul_SoS_Decision_for_Web.pdf-he admitted all of the allegations set out in the Notice of Referral letter dated 4 July 2016, ./Gibson_Paul_SoS_Decision_for_Web.pdf-which included this allegation. In a Statement of Agreed Facts signed by Mr Gibson on 5 ./Gibson_Paul_SoS_Decision_for_Web.pdf-August 2016, he responded “Yes” that he agreed with the statements that: ./Gibson_Paul_SoS_Decision_for_Web.pdf- ./Gibson_Paul_SoS_Decision_for_Web.pdf-“After learning ‘A’ was 16 years old, you sent the following messages: ./Gibson_Paul_SoS_Decision_for_Web.pdf- ./Gibson_Paul_SoS_Decision_for_Web.pdf-‘you like cock?’ ./Gibson_Paul_SoS_Decision_for_Web.pdf- ./Gibson_Paul_SoS_Decision_for_Web.pdf-‘I got 22cm’ ./Gibson_Paul_SoS_Decision_for_Web.pdf- ./Gibson_Paul_SoS_Decision_for_Web.pdf-‘shame would cum to see boobs’”. ./Gibson_Paul_SoS_Decision_for_Web.pdf- ./Gibson_Paul_SoS_Decision_for_Web.pdf-The panel examined the records of the Skype conversations and identified other ./Gibson_Paul_SoS_Decision_for_Web.pdf:messages that were of a sexual or explicit nature. ./Gibson_Paul_SoS_Decision_for_Web.pdf- ./Gibson_Paul_SoS_Decision_for_Web.pdf-The panel therefore finds this allegation proven. ./Gibson_Paul_SoS_Decision_for_Web.pdf- ./Gibson_Paul_SoS_Decision_for_Web.pdf- ./Gibson_Paul_SoS_Decision_for_Web.pdf- ./Gibson_Paul_SoS_Decision_for_Web.pdf- ./Gibson_Paul_SoS_Decision_for_Web.pdf- 7 ./Gibson_Paul_SoS_Decision_for_Web.pdf- -- ./Gibson_Paul_SoS_Decision_for_Web.pdf:3. Your conduct set out above was sexually motivated. ./Gibson_Paul_SoS_Decision_for_Web.pdf- ./Gibson_Paul_SoS_Decision_for_Web.pdf-In his response on the Notice of Referral Form dated 19 July 2016, Mr Gibson stated that ./Gibson_Paul_SoS_Decision_for_Web.pdf-he admitted all of the allegations set out in the Notice of Referral letter dated 4 July 2016, ./Gibson_Paul_SoS_Decision_for_Web.pdf-which included this allegation. In a Statement of Agreed Facts signed by Mr Gibson on 5 ./Gibson_Paul_SoS_Decision_for_Web.pdf-August 2016, he responded “Yes” that he agreed with the statements that: “Your conduct ./Gibson_Paul_SoS_Decision_for_Web.pdf-as set out above at [paragraph] 9 [of the Statement of Agreed Facts] and/or 10 and/or 11 ./Gibson_Paul_SoS_Decision_for_Web.pdf:and/or 12 and/or 13 and/or 14 and/or 15 and/or 16 and/or 17 was sexually motivated”. ./Gibson_Paul_SoS_Decision_for_Web.pdf-Paragraphs 9 to 17 of the Statement of Agreed Facts are referred to above within the ./Gibson_Paul_SoS_Decision_for_Web.pdf-panel’s findings in respect of allegations 1, 2.a and 2.b above. ./Gibson_Paul_SoS_Decision_for_Web.pdf- ./Gibson_Paul_SoS_Decision_for_Web.pdf-The panel considered that it was more likely than not that reasonable persons would ./Gibson_Paul_SoS_Decision_for_Web.pdf:consider the words used could be sexual. The panel noted that, in the absence of ./Gibson_Paul_SoS_Decision_for_Web.pdf-evidence to the contrary, Mr Gibson should be considered to have a good history, and ./Gibson_Paul_SoS_Decision_for_Web.pdf-therefore would be less likely to have carried out the alleged facts, especially given the ./Gibson_Paul_SoS_Decision_for_Web.pdf-seriousness of the allegation. The panel also considered whether there was any ./Gibson_Paul_SoS_Decision_for_Web.pdf-evidence of the circumstances in which Mr Gibson found himself that would have any ./Gibson_Paul_SoS_Decision_for_Web.pdf-bearing on his purpose. There was no evidence at all before the panel of Mr Gibson’s ./Gibson_Paul_SoS_Decision_for_Web.pdf-medical circumstances at the time of the Skype messages, and in particular there was no ./Gibson_Paul_SoS_Decision_for_Web.pdf-evidence of how any medical condition could have impacted upon his behaviour. Given ./Gibson_Paul_SoS_Decision_for_Web.pdf-Mr Gibson’s admissions, and the nature of the words used, the panel, on balance, ./Gibson_Paul_SoS_Decision_for_Web.pdf-considered it more likely than not that Mr Gibson’s purpose of using such words was ./Gibson_Paul_SoS_Decision_for_Web.pdf:sexual. ./Gibson_Paul_SoS_Decision_for_Web.pdf- ./Gibson_Paul_SoS_Decision_for_Web.pdf-This allegation is therefore found proven. ./Gibson_Paul_SoS_Decision_for_Web.pdf- ./Gibson_Paul_SoS_Decision_for_Web.pdf-Findings as to unacceptable professional conduct and/or conduct that ./Gibson_Paul_SoS_Decision_for_Web.pdf-may bring the profession into disrepute ./Gibson_Paul_SoS_Decision_for_Web.pdf-Having found a number of the allegations to have been proven, the panel has gone on to ./Gibson_Paul_SoS_Decision_for_Web.pdf-consider whether the facts of those proven allegations amount to unacceptable ./Gibson_Paul_SoS_Decision_for_Web.pdf-professional conduct and/or conduct that may bring the profession into disrepute. ./Gibson_Paul_SoS_Decision_for_Web.pdf- ./Gibson_Paul_SoS_Decision_for_Web.pdf-In doing so, the panel has had regard to the document Teacher Misconduct: The -- ./Gibson_Paul_SoS_Decision_for_Web.pdf- ./Gibson_Paul_SoS_Decision_for_Web.pdf-With regard to respect for the rights of others, the panel considered that the girls had a ./Gibson_Paul_SoS_Decision_for_Web.pdf-right to not be misled as to the age of the person they were engaged in conversations ./Gibson_Paul_SoS_Decision_for_Web.pdf-with, and that Mr Gibson had not respected that right. ./Gibson_Paul_SoS_Decision_for_Web.pdf- ./Gibson_Paul_SoS_Decision_for_Web.pdf-The panel is satisfied that the conduct of Mr Gibson fell significantly short of the ./Gibson_Paul_SoS_Decision_for_Web.pdf-standards expected of the profession. ./Gibson_Paul_SoS_Decision_for_Web.pdf- ./Gibson_Paul_SoS_Decision_for_Web.pdf-The panel has also considered whether Mr Gibson’s conduct displayed behaviours ./Gibson_Paul_SoS_Decision_for_Web.pdf-associated with any of the offences listed on pages 8 and 9 of the Advice and the panel ./Gibson_Paul_SoS_Decision_for_Web.pdf:has found that the offence of sexual activity is relevant. ./Gibson_Paul_SoS_Decision_for_Web.pdf- ./Gibson_Paul_SoS_Decision_for_Web.pdf-The Advice indicates that where behaviours associated with such an offence exist, a ./Gibson_Paul_SoS_Decision_for_Web.pdf-panel is likely to conclude that an individual’s conduct would amount to unacceptable ./Gibson_Paul_SoS_Decision_for_Web.pdf-professional conduct. ./Gibson_Paul_SoS_Decision_for_Web.pdf- ./Gibson_Paul_SoS_Decision_for_Web.pdf-The panel notes that the allegations took place outside of the education setting. ./Gibson_Paul_SoS_Decision_for_Web.pdf-However, the panel considered that the conduct affects the way that Mr Gibson fulfils his ./Gibson_Paul_SoS_Decision_for_Web.pdf-teaching role since parents would not expect a teacher to behave in this manner towards ./Gibson_Paul_SoS_Decision_for_Web.pdf-girls of 16/17 years old. ./Gibson_Paul_SoS_Decision_for_Web.pdf- -- ./Gibson_Paul_SoS_Decision_for_Web.pdf-measure, and whether it is in the public interest to do so. Prohibition orders should not be ./Gibson_Paul_SoS_Decision_for_Web.pdf-given in order to be punitive, or to show that blame has been apportioned, although they ./Gibson_Paul_SoS_Decision_for_Web.pdf-are likely to have punitive effect. ./Gibson_Paul_SoS_Decision_for_Web.pdf- ./Gibson_Paul_SoS_Decision_for_Web.pdf-The panel has considered the particular public interest considerations set out in the ./Gibson_Paul_SoS_Decision_for_Web.pdf-Advice and having done so has found all of them to be relevant in this case, namely the ./Gibson_Paul_SoS_Decision_for_Web.pdf-protection of pupils; the protection of other members of the public; the maintenance of ./Gibson_Paul_SoS_Decision_for_Web.pdf-public confidence in the profession; and declaring and upholding proper standards of ./Gibson_Paul_SoS_Decision_for_Web.pdf-conduct. ./Gibson_Paul_SoS_Decision_for_Web.pdf- ./Gibson_Paul_SoS_Decision_for_Web.pdf:In light of the panel’s findings against Mr Gibson, which involved engaging in sexually ./Gibson_Paul_SoS_Decision_for_Web.pdf-motivated messages with girls he believed to be 16/17 years old, there is a strong public ./Gibson_Paul_SoS_Decision_for_Web.pdf-interest consideration in respect of the protection of pupils. ./Gibson_Paul_SoS_Decision_for_Web.pdf- ./Gibson_Paul_SoS_Decision_for_Web.pdf-Similarly, the panel considers that public confidence in the profession could be seriously ./Gibson_Paul_SoS_Decision_for_Web.pdf-weakened if conduct such as that found against Mr Gibson were not treated with the ./Gibson_Paul_SoS_Decision_for_Web.pdf-utmost seriousness when regulating the conduct of the profession. ./Gibson_Paul_SoS_Decision_for_Web.pdf- ./Gibson_Paul_SoS_Decision_for_Web.pdf-The panel considered that a strong public interest consideration in declaring proper ./Gibson_Paul_SoS_Decision_for_Web.pdf-standards of conduct in the profession was also present as the conduct found against Mr ./Gibson_Paul_SoS_Decision_for_Web.pdf-Gibson was outside that which could reasonably be tolerated. -- ./Gibson_Paul_SoS_Decision_for_Web.pdf-order may be appropriate if certain behaviours of a teacher have been proven. In the list ./Gibson_Paul_SoS_Decision_for_Web.pdf-of such behaviours, those that are relevant in this case are: ./Gibson_Paul_SoS_Decision_for_Web.pdf- ./Gibson_Paul_SoS_Decision_for_Web.pdf-  serious departure from the personal and professional conduct elements of the ./Gibson_Paul_SoS_Decision_for_Web.pdf- Teachers’ Standards ./Gibson_Paul_SoS_Decision_for_Web.pdf-  a deep-seated attitude that leads to harmful behaviour ./Gibson_Paul_SoS_Decision_for_Web.pdf-  abuse of position or trust ./Gibson_Paul_SoS_Decision_for_Web.pdf:  sexual misconduct, eg involving actions that were sexually motivated or of a ./Gibson_Paul_SoS_Decision_for_Web.pdf: sexual nature ./Gibson_Paul_SoS_Decision_for_Web.pdf- ./Gibson_Paul_SoS_Decision_for_Web.pdf- ./Gibson_Paul_SoS_Decision_for_Web.pdf- ./Gibson_Paul_SoS_Decision_for_Web.pdf-With regard to a deep-seated attitude that leads to harmful behaviour, the panel noted ./Gibson_Paul_SoS_Decision_for_Web.pdf-that irrespective of completing safeguarding and child protection training in January 2013 ./Gibson_Paul_SoS_Decision_for_Web.pdf-which included “E-Safety”, by July 2013, Mr Gibson was engaging in this behaviour. He ./Gibson_Paul_SoS_Decision_for_Web.pdf-engaged in conversations with a number of young girls. In his representations for this ./Gibson_Paul_SoS_Decision_for_Web.pdf-hearing, the panel considered his attitude to be one of blaming others for his situation ./Gibson_Paul_SoS_Decision_for_Web.pdf-and other than stating “I did wrong”, there was no insight into his behaviour and the ./Gibson_Paul_SoS_Decision_for_Web.pdf-impact on others. -- ./Gibson_Paul_SoS_Decision_for_Web.pdf-mindful that the Advice advises that a prohibition order applies for life, but there may be ./Gibson_Paul_SoS_Decision_for_Web.pdf-circumstances in any given case that may make it appropriate to allow a teacher to apply ./Gibson_Paul_SoS_Decision_for_Web.pdf-to have the prohibition order reviewed after a specified period of time that may not be ./Gibson_Paul_SoS_Decision_for_Web.pdf-less than 2 years. ./Gibson_Paul_SoS_Decision_for_Web.pdf- ./Gibson_Paul_SoS_Decision_for_Web.pdf-The Advice indicates that there are behaviours that, if proven, would militate against a ./Gibson_Paul_SoS_Decision_for_Web.pdf:review period being recommended. These behaviours include serious sexual ./Gibson_Paul_SoS_Decision_for_Web.pdf:misconduct, eg where the act was sexually motivated and resulted in or had the potential ./Gibson_Paul_SoS_Decision_for_Web.pdf-to result in, harm to a person or persons, particularly where the individual has used their ./Gibson_Paul_SoS_Decision_for_Web.pdf-professional position to influence or exploit a person or persons. There is no evidence ./Gibson_Paul_SoS_Decision_for_Web.pdf-that Mr Gibson used his professional position to influence the girls. The panel has found ./Gibson_Paul_SoS_Decision_for_Web.pdf:the behaviour to be sexually motivated, albeit at the mid-range of the possible spectrum. ./Gibson_Paul_SoS_Decision_for_Web.pdf-Nevertheless, the panel did not consider that Mr Gibson has demonstrated insight into ./Gibson_Paul_SoS_Decision_for_Web.pdf-his actions, nor has he shown remorse. The panel were concerned that there was a ./Gibson_Paul_SoS_Decision_for_Web.pdf-pattern of behaviour, that Mr Gibson engaged in, regardless of recent safeguarding ./Gibson_Paul_SoS_Decision_for_Web.pdf-training, and that he has not reflected properly on the impact his behaviour could have ./Gibson_Paul_SoS_Decision_for_Web.pdf-had on the girls or the school at which he worked. ./Gibson_Paul_SoS_Decision_for_Web.pdf- ./Gibson_Paul_SoS_Decision_for_Web.pdf-The panel felt the findings indicated a situation in which a review period would not be ./Gibson_Paul_SoS_Decision_for_Web.pdf-appropriate and as such decided that it would be proportionate in all the circumstances ./Gibson_Paul_SoS_Decision_for_Web.pdf-for the prohibition order to be recommended without provision for a review period. ./Gibson_Paul_SoS_Decision_for_Web.pdf- -- ./Gibson_Paul_SoS_Decision_for_Web.pdf-The panel has also taken into account the Advice published by the Secretary of State ./Gibson_Paul_SoS_Decision_for_Web.pdf-which suggests that a prohibition order may be appropriate if certain behaviours of a ./Gibson_Paul_SoS_Decision_for_Web.pdf-teacher have been proven. In the list of such behaviours, those that are relevant in this ./Gibson_Paul_SoS_Decision_for_Web.pdf-case are: ./Gibson_Paul_SoS_Decision_for_Web.pdf- ./Gibson_Paul_SoS_Decision_for_Web.pdf-  serious departure from the personal and professional conduct elements of the ./Gibson_Paul_SoS_Decision_for_Web.pdf- Teachers’ Standards ./Gibson_Paul_SoS_Decision_for_Web.pdf-  a deep-seated attitude that leads to harmful behaviour ./Gibson_Paul_SoS_Decision_for_Web.pdf-  abuse of position or trust ./Gibson_Paul_SoS_Decision_for_Web.pdf:  sexual misconduct, eg involving actions that were sexually motivated or of a ./Gibson_Paul_SoS_Decision_for_Web.pdf: sexual nature ./Gibson_Paul_SoS_Decision_for_Web.pdf-I have considered the panel’s recommendation carefully. I have also taken into account ./Gibson_Paul_SoS_Decision_for_Web.pdf-the need to balance the public interest with the interests of the teacher. I have taken into ./Gibson_Paul_SoS_Decision_for_Web.pdf-account the need to be proportionate. ./Gibson_Paul_SoS_Decision_for_Web.pdf- ./Gibson_Paul_SoS_Decision_for_Web.pdf-In this case I agree with the recommendation of the panel that Mr Gibson should be ./Gibson_Paul_SoS_Decision_for_Web.pdf-prohibited from teaching. ./Gibson_Paul_SoS_Decision_for_Web.pdf- ./Gibson_Paul_SoS_Decision_for_Web.pdf-I have also gone on to consider the matter of a review period. I have noted the panel’s ./Gibson_Paul_SoS_Decision_for_Web.pdf-comments in respect of Mr Gibson’s previous record, but have also noted their comments ./Gibson_Paul_SoS_Decision_for_Web.pdf-on insight and remorse. ./Giffin__Neil_David_-_0241998_-_Web_Decision_-_13_Jan_15.pdf- ./Giffin__Neil_David_-_0241998_-_Web_Decision_-_13_Jan_15.pdf-2. Whilst employed at the Academy during 2012 to April 2014 in relation to Pupil A (a ./Giffin__Neil_David_-_0241998_-_Web_Decision_-_13_Jan_15.pdf-vulnerable teenage girl): ./Giffin__Neil_David_-_0241998_-_Web_Decision_-_13_Jan_15.pdf- ./Giffin__Neil_David_-_0241998_-_Web_Decision_-_13_Jan_15.pdf- a. He failed to maintain appropriate boundaries ./Giffin__Neil_David_-_0241998_-_Web_Decision_-_13_Jan_15.pdf- ./Giffin__Neil_David_-_0241998_-_Web_Decision_-_13_Jan_15.pdf- b. He inappropriately communicated with her including via social media and/or ./Giffin__Neil_David_-_0241998_-_Web_Decision_-_13_Jan_15.pdf-mobile phone ./Giffin__Neil_David_-_0241998_-_Web_Decision_-_13_Jan_15.pdf- ./Giffin__Neil_David_-_0241998_-_Web_Decision_-_13_Jan_15.pdf- c. The inappropriate communication which he engaged in with Pupil A included ./Giffin__Neil_David_-_0241998_-_Web_Decision_-_13_Jan_15.pdf:matters of a sexual nature ./Giffin__Neil_David_-_0241998_-_Web_Decision_-_13_Jan_15.pdf- ./Giffin__Neil_David_-_0241998_-_Web_Decision_-_13_Jan_15.pdf-3. Whilst employed at the Academy during 2012 to April 2014 in relation to Pupil B he: ./Giffin__Neil_David_-_0241998_-_Web_Decision_-_13_Jan_15.pdf- ./Giffin__Neil_David_-_0241998_-_Web_Decision_-_13_Jan_15.pdf- a. Failed to maintain appropriate boundaries, ./Giffin__Neil_David_-_0241998_-_Web_Decision_-_13_Jan_15.pdf- ./Giffin__Neil_David_-_0241998_-_Web_Decision_-_13_Jan_15.pdf- b. Inappropriately communicated with her including via social media, ./Giffin__Neil_David_-_0241998_-_Web_Decision_-_13_Jan_15.pdf- ./Giffin__Neil_David_-_0241998_-_Web_Decision_-_13_Jan_15.pdf-4. Whilst employed at the Academy during 2012 to April 2014 in relation to Pupil C he: ./Giffin__Neil_David_-_0241998_-_Web_Decision_-_13_Jan_15.pdf- ./Giffin__Neil_David_-_0241998_-_Web_Decision_-_13_Jan_15.pdf- a. Failed to maintain appropriate boundaries ./Giffin__Neil_David_-_0241998_-_Web_Decision_-_13_Jan_15.pdf- ./Giffin__Neil_David_-_0241998_-_Web_Decision_-_13_Jan_15.pdf- b. Inappropriately communicated with her including via social media ./Giffin__Neil_David_-_0241998_-_Web_Decision_-_13_Jan_15.pdf- ./Giffin__Neil_David_-_0241998_-_Web_Decision_-_13_Jan_15.pdf-5. In around 2007 to 2008 in relation to Pupil D, he: ./Giffin__Neil_David_-_0241998_-_Web_Decision_-_13_Jan_15.pdf- ./Giffin__Neil_David_-_0241998_-_Web_Decision_-_13_Jan_15.pdf- a. Engaged in an inappropriate relationship with her ./Giffin__Neil_David_-_0241998_-_Web_Decision_-_13_Jan_15.pdf- ./Giffin__Neil_David_-_0241998_-_Web_Decision_-_13_Jan_15.pdf: b. Engaged in sexual activity with her ./Giffin__Neil_David_-_0241998_-_Web_Decision_-_13_Jan_15.pdf- ./Giffin__Neil_David_-_0241998_-_Web_Decision_-_13_Jan_15.pdf- 4 ./Giffin__Neil_David_-_0241998_-_Web_Decision_-_13_Jan_15.pdf- -- ./Giffin__Neil_David_-_0241998_-_Web_Decision_-_13_Jan_15.pdf: c. Had sexual intercourse with her ./Giffin__Neil_David_-_0241998_-_Web_Decision_-_13_Jan_15.pdf- ./Giffin__Neil_David_-_0241998_-_Web_Decision_-_13_Jan_15.pdf-6. In around 2007 to 2008 in relation to Pupil E, he: ./Giffin__Neil_David_-_0241998_-_Web_Decision_-_13_Jan_15.pdf- ./Giffin__Neil_David_-_0241998_-_Web_Decision_-_13_Jan_15.pdf- a. Engaged in an inappropriate relationship with her ./Giffin__Neil_David_-_0241998_-_Web_Decision_-_13_Jan_15.pdf- ./Giffin__Neil_David_-_0241998_-_Web_Decision_-_13_Jan_15.pdf: b. Engaged in sexual activity with her ./Giffin__Neil_David_-_0241998_-_Web_Decision_-_13_Jan_15.pdf- ./Giffin__Neil_David_-_0241998_-_Web_Decision_-_13_Jan_15.pdf: c. Had sexual intercourse with her ./Giffin__Neil_David_-_0241998_-_Web_Decision_-_13_Jan_15.pdf- ./Giffin__Neil_David_-_0241998_-_Web_Decision_-_13_Jan_15.pdf-7. His actions set out at 1 were dishonest ./Giffin__Neil_David_-_0241998_-_Web_Decision_-_13_Jan_15.pdf- ./Giffin__Neil_David_-_0241998_-_Web_Decision_-_13_Jan_15.pdf:8. His actions set out at 2, 5 and 6 were sexually motivated ./Giffin__Neil_David_-_0241998_-_Web_Decision_-_13_Jan_15.pdf- ./Giffin__Neil_David_-_0241998_-_Web_Decision_-_13_Jan_15.pdf-Mr Giffin admitted the facts of the allegations, save for allegations 2a, 3a, 4a, and 8 (in ./Giffin__Neil_David_-_0241998_-_Web_Decision_-_13_Jan_15.pdf-relation to 2a, 6b and 6c). ./Giffin__Neil_David_-_0241998_-_Web_Decision_-_13_Jan_15.pdf- ./Giffin__Neil_David_-_0241998_-_Web_Decision_-_13_Jan_15.pdf-Mr Giffin admitted that his actions constituted unacceptable professional conduct and ./Giffin__Neil_David_-_0241998_-_Web_Decision_-_13_Jan_15.pdf-may bring the profession into disrepute. ./Giffin__Neil_David_-_0241998_-_Web_Decision_-_13_Jan_15.pdf- ./Giffin__Neil_David_-_0241998_-_Web_Decision_-_13_Jan_15.pdf- ./Giffin__Neil_David_-_0241998_-_Web_Decision_-_13_Jan_15.pdf-C. Preliminary applications ./Giffin__Neil_David_-_0241998_-_Web_Decision_-_13_Jan_15.pdf-The Panel firstly considered as a preliminary matter whether it should proceed with a -- ./Giffin__Neil_David_-_0241998_-_Web_Decision_-_13_Jan_15.pdf-also concerns about whether Pupil A was trying to protect Mr Giffin. ./Giffin__Neil_David_-_0241998_-_Web_Decision_-_13_Jan_15.pdf- ./Giffin__Neil_David_-_0241998_-_Web_Decision_-_13_Jan_15.pdf-Having read the summary of the content of the messages that Mr Giffin has admitted ./Giffin__Neil_David_-_0241998_-_Web_Decision_-_13_Jan_15.pdf-were exchanged between him and Pupil A, the Panel considered that these constituted ./Giffin__Neil_David_-_0241998_-_Web_Decision_-_13_Jan_15.pdf-inappropriate communication. ./Giffin__Neil_David_-_0241998_-_Web_Decision_-_13_Jan_15.pdf- ./Giffin__Neil_David_-_0241998_-_Web_Decision_-_13_Jan_15.pdf-This allegation was therefore found proven. ./Giffin__Neil_David_-_0241998_-_Web_Decision_-_13_Jan_15.pdf- ./Giffin__Neil_David_-_0241998_-_Web_Decision_-_13_Jan_15.pdf-2c In relation to Pupil A (a vulnerable teenage girl) the inappropriate ./Giffin__Neil_David_-_0241998_-_Web_Decision_-_13_Jan_15.pdf-communication which you engaged in with Pupil A included matters of ./Giffin__Neil_David_-_0241998_-_Web_Decision_-_13_Jan_15.pdf:a sexual nature ./Giffin__Neil_David_-_0241998_-_Web_Decision_-_13_Jan_15.pdf- ./Giffin__Neil_David_-_0241998_-_Web_Decision_-_13_Jan_15.pdf-In the Notice of Referral, an allegation was put to Mr Giffin that he had “engaged in ./Giffin__Neil_David_-_0241998_-_Web_Decision_-_13_Jan_15.pdf:inappropriate social media and mobile phone communications, including of a sexual ./Giffin__Neil_David_-_0241998_-_Web_Decision_-_13_Jan_15.pdf-nature, with a 17 year old, vulnerable female pupil [Pupil A]”. In Mr Giffin’s response form, ./Giffin__Neil_David_-_0241998_-_Web_Decision_-_13_Jan_15.pdf-he admitted the entirety of the allegations put to him. ./Giffin__Neil_David_-_0241998_-_Web_Decision_-_13_Jan_15.pdf- ./Giffin__Neil_David_-_0241998_-_Web_Decision_-_13_Jan_15.pdf-The Statement of Agreed Facts contains a summary of the content of text messages and ./Giffin__Neil_David_-_0241998_-_Web_Decision_-_13_Jan_15.pdf-WhatsApp Messages exchanged between Mr Giffin and Pupil A. Mr Giffin has admitted ./Giffin__Neil_David_-_0241998_-_Web_Decision_-_13_Jan_15.pdf-these included telling Pupil A he was jealous of her because she looked good in tights, ./Giffin__Neil_David_-_0241998_-_Web_Decision_-_13_Jan_15.pdf:that other girls in her class looked sexy in tights, that he was jealous because he wanted ./Giffin__Neil_David_-_0241998_-_Web_Decision_-_13_Jan_15.pdf- ./Giffin__Neil_David_-_0241998_-_Web_Decision_-_13_Jan_15.pdf- ./Giffin__Neil_David_-_0241998_-_Web_Decision_-_13_Jan_15.pdf- ./Giffin__Neil_David_-_0241998_-_Web_Decision_-_13_Jan_15.pdf- 9 ./Giffin__Neil_David_-_0241998_-_Web_Decision_-_13_Jan_15.pdf- -- ./Giffin__Neil_David_-_0241998_-_Web_Decision_-_13_Jan_15.pdf:to wear tights and that he had sent messages discussing sexual fantasies including ./Giffin__Neil_David_-_0241998_-_Web_Decision_-_13_Jan_15.pdf-imagining Pupil A in her school uniform and smoking a cigarette on top of him. ./Giffin__Neil_David_-_0241998_-_Web_Decision_-_13_Jan_15.pdf- ./Giffin__Neil_David_-_0241998_-_Web_Decision_-_13_Jan_15.pdf-During his interview for the Academy investigation, Mr Giffin admitted that he could, “see ./Giffin__Neil_David_-_0241998_-_Web_Decision_-_13_Jan_15.pdf-how some messages were inappropriate and included what could be deemed as being of ./Giffin__Neil_David_-_0241998_-_Web_Decision_-_13_Jan_15.pdf:a ‘sexual nature’ but at the time it didn’t appear to me like that but more of silly ./Giffin__Neil_David_-_0241998_-_Web_Decision_-_13_Jan_15.pdf-conversations”. ./Giffin__Neil_David_-_0241998_-_Web_Decision_-_13_Jan_15.pdf- ./Giffin__Neil_David_-_0241998_-_Web_Decision_-_13_Jan_15.pdf-The report from West Yorkshire Police states that the police had spoken with Pupil A who ./Giffin__Neil_David_-_0241998_-_Web_Decision_-_13_Jan_15.pdf-had allowed an officer to read some of the text messages sent to her by Mr Giffin in ./Giffin__Neil_David_-_0241998_-_Web_Decision_-_13_Jan_15.pdf-which he told her that he thought about her and the other girls in tights and was jealous ./Giffin__Neil_David_-_0241998_-_Web_Decision_-_13_Jan_15.pdf-and that he told Pupil A of a fantasy he had of her dominating him and smoking, saying ./Giffin__Neil_David_-_0241998_-_Web_Decision_-_13_Jan_15.pdf-that he missed the uniform. ./Giffin__Neil_David_-_0241998_-_Web_Decision_-_13_Jan_15.pdf- ./Giffin__Neil_David_-_0241998_-_Web_Decision_-_13_Jan_15.pdf-The Panel considered it more likely than not that Mr Giffin had sent messages with the ./Giffin__Neil_David_-_0241998_-_Web_Decision_-_13_Jan_15.pdf:above content, and that these were matters of a sexual nature. ./Giffin__Neil_David_-_0241998_-_Web_Decision_-_13_Jan_15.pdf- ./Giffin__Neil_David_-_0241998_-_Web_Decision_-_13_Jan_15.pdf-This allegation was therefore found proven. ./Giffin__Neil_David_-_0241998_-_Web_Decision_-_13_Jan_15.pdf- ./Giffin__Neil_David_-_0241998_-_Web_Decision_-_13_Jan_15.pdf-3a Whilst employed at the Academy during 2012 to April 2014 in ./Giffin__Neil_David_-_0241998_-_Web_Decision_-_13_Jan_15.pdf-relation to Pupil B you failed to maintain appropriate boundaries; ./Giffin__Neil_David_-_0241998_-_Web_Decision_-_13_Jan_15.pdf- ./Giffin__Neil_David_-_0241998_-_Web_Decision_-_13_Jan_15.pdf-In the Notice of Referral, an allegation was put to Mr Giffin that he had “inappropriately ./Giffin__Neil_David_-_0241998_-_Web_Decision_-_13_Jan_15.pdf-contacted the following pupils whom he had taught at Bishop Heber High School...[Pupil ./Giffin__Neil_David_-_0241998_-_Web_Decision_-_13_Jan_15.pdf-B]”. In Mr Giffin’s response form, he admitted the entirety of the allegations put to him. ./Giffin__Neil_David_-_0241998_-_Web_Decision_-_13_Jan_15.pdf- -- ./Giffin__Neil_David_-_0241998_-_Web_Decision_-_13_Jan_15.pdf-about an incident after the Summer Ball. He stated that Pupil D’s parents had ./Giffin__Neil_David_-_0241998_-_Web_Decision_-_13_Jan_15.pdf-acknowledged that a relationship took place between Mr Giffin and Pupil D. ./Giffin__Neil_David_-_0241998_-_Web_Decision_-_13_Jan_15.pdf- ./Giffin__Neil_David_-_0241998_-_Web_Decision_-_13_Jan_15.pdf-In light of Mr Giffin’s admissions, and the hearsay evidence provided by the headteacher, ./Giffin__Neil_David_-_0241998_-_Web_Decision_-_13_Jan_15.pdf-the Panel considered it more likely than not that a relationship took place between Mr ./Giffin__Neil_David_-_0241998_-_Web_Decision_-_13_Jan_15.pdf-Giffin and Pupil D. The Panel considered this to be inappropriate since it contravened Mr ./Giffin__Neil_David_-_0241998_-_Web_Decision_-_13_Jan_15.pdf-Giffin’s position of trust in relation to Pupil D. ./Giffin__Neil_David_-_0241998_-_Web_Decision_-_13_Jan_15.pdf- ./Giffin__Neil_David_-_0241998_-_Web_Decision_-_13_Jan_15.pdf-The Panel therefore found this allegation proven. ./Giffin__Neil_David_-_0241998_-_Web_Decision_-_13_Jan_15.pdf- ./Giffin__Neil_David_-_0241998_-_Web_Decision_-_13_Jan_15.pdf:5b In relation to Pupil D you engaged in sexual activity with her ./Giffin__Neil_David_-_0241998_-_Web_Decision_-_13_Jan_15.pdf- ./Giffin__Neil_David_-_0241998_-_Web_Decision_-_13_Jan_15.pdf:The Statement of Agreed Facts includes an admission that Mr Giffin engaged in sexual ./Giffin__Neil_David_-_0241998_-_Web_Decision_-_13_Jan_15.pdf-activity with Pupil D. ./Giffin__Neil_David_-_0241998_-_Web_Decision_-_13_Jan_15.pdf- ./Giffin__Neil_David_-_0241998_-_Web_Decision_-_13_Jan_15.pdf-During his interview for the Academy investigation, Mr Giffin stated, “No I didn’t have a ./Giffin__Neil_David_-_0241998_-_Web_Decision_-_13_Jan_15.pdf:sexual relationship”, but went on to state that he had spent time with Pupil D for a period ./Giffin__Neil_David_-_0241998_-_Web_Decision_-_13_Jan_15.pdf-of 6 months. ./Giffin__Neil_David_-_0241998_-_Web_Decision_-_13_Jan_15.pdf- ./Giffin__Neil_David_-_0241998_-_Web_Decision_-_13_Jan_15.pdf-The hearsay evidence provided by the headteacher of his discussion with Pupil D’s ./Giffin__Neil_David_-_0241998_-_Web_Decision_-_13_Jan_15.pdf:parents, is that they stated that no sexual intercourse had taken place whilst the girl was ./Giffin__Neil_David_-_0241998_-_Web_Decision_-_13_Jan_15.pdf:under the age of 18. The Panel considered it implicit that sexual intercourse had taken ./Giffin__Neil_David_-_0241998_-_Web_Decision_-_13_Jan_15.pdf-place with Pupil D when she was over the age of 18. ./Giffin__Neil_David_-_0241998_-_Web_Decision_-_13_Jan_15.pdf- ./Giffin__Neil_David_-_0241998_-_Web_Decision_-_13_Jan_15.pdf- ./Giffin__Neil_David_-_0241998_-_Web_Decision_-_13_Jan_15.pdf- ./Giffin__Neil_David_-_0241998_-_Web_Decision_-_13_Jan_15.pdf- 12 ./Giffin__Neil_David_-_0241998_-_Web_Decision_-_13_Jan_15.pdf- -- ./Giffin__Neil_David_-_0241998_-_Web_Decision_-_13_Jan_15.pdf-Mr Giffin’s representations for these proceedings confirmed that the relationship had ./Giffin__Neil_David_-_0241998_-_Web_Decision_-_13_Jan_15.pdf-become intimate when Pupil D was at University. ./Giffin__Neil_David_-_0241998_-_Web_Decision_-_13_Jan_15.pdf- ./Giffin__Neil_David_-_0241998_-_Web_Decision_-_13_Jan_15.pdf-Given Mr Giffin’s acceptance that this relationship lasted a period of 6 months, and in ./Giffin__Neil_David_-_0241998_-_Web_Decision_-_13_Jan_15.pdf-light of Mr Giffin’s admission in the Statement of Agreed Facts, the Panel considers it ./Giffin__Neil_David_-_0241998_-_Web_Decision_-_13_Jan_15.pdf:more likely than not that he engaged in sexual activity with Pupil D. ./Giffin__Neil_David_-_0241998_-_Web_Decision_-_13_Jan_15.pdf- ./Giffin__Neil_David_-_0241998_-_Web_Decision_-_13_Jan_15.pdf-This allegation was therefore found proven. ./Giffin__Neil_David_-_0241998_-_Web_Decision_-_13_Jan_15.pdf- ./Giffin__Neil_David_-_0241998_-_Web_Decision_-_13_Jan_15.pdf:5c In relation to Pupil D you had sexual intercourse with her ./Giffin__Neil_David_-_0241998_-_Web_Decision_-_13_Jan_15.pdf- ./Giffin__Neil_David_-_0241998_-_Web_Decision_-_13_Jan_15.pdf:The Statement of Agreed Facts includes an admission that Mr Giffin had sexual ./Giffin__Neil_David_-_0241998_-_Web_Decision_-_13_Jan_15.pdf-intercourse with Pupil D. ./Giffin__Neil_David_-_0241998_-_Web_Decision_-_13_Jan_15.pdf- ./Giffin__Neil_David_-_0241998_-_Web_Decision_-_13_Jan_15.pdf-During his interview for the Academy investigation, Mr Giffin stated, “No I didn’t have a ./Giffin__Neil_David_-_0241998_-_Web_Decision_-_13_Jan_15.pdf:sexual relationship”, but went on to state that he had spent time with Pupil D for a period ./Giffin__Neil_David_-_0241998_-_Web_Decision_-_13_Jan_15.pdf-of 6 months. ./Giffin__Neil_David_-_0241998_-_Web_Decision_-_13_Jan_15.pdf- ./Giffin__Neil_David_-_0241998_-_Web_Decision_-_13_Jan_15.pdf-The hearsay evidence provided by the headteacher of his discussion with Pupil D’s ./Giffin__Neil_David_-_0241998_-_Web_Decision_-_13_Jan_15.pdf:parents is that they stated that no sexual intercourse had taken place whilst the girl was ./Giffin__Neil_David_-_0241998_-_Web_Decision_-_13_Jan_15.pdf:under the age of 18. The Panel considered it implicit that sexual intercourse had take ./Giffin__Neil_David_-_0241998_-_Web_Decision_-_13_Jan_15.pdf-place with Pupil D when she was over the age of 18. ./Giffin__Neil_David_-_0241998_-_Web_Decision_-_13_Jan_15.pdf- ./Giffin__Neil_David_-_0241998_-_Web_Decision_-_13_Jan_15.pdf-Mr Giffin’s representations for these proceedings confirmed that the relationship had ./Giffin__Neil_David_-_0241998_-_Web_Decision_-_13_Jan_15.pdf-become intimate when Pupil D was at University. ./Giffin__Neil_David_-_0241998_-_Web_Decision_-_13_Jan_15.pdf- ./Giffin__Neil_David_-_0241998_-_Web_Decision_-_13_Jan_15.pdf-Given Mr Giffin’s acceptance that the relationship became intimate whilst Pupil D was at ./Giffin__Neil_David_-_0241998_-_Web_Decision_-_13_Jan_15.pdf:University, his admission of a sexual relationship, and the hearsay evidence of Pupil D’s ./Giffin__Neil_David_-_0241998_-_Web_Decision_-_13_Jan_15.pdf:parents, the Panel considers it more likely than not that he had sexual intercourse with ./Giffin__Neil_David_-_0241998_-_Web_Decision_-_13_Jan_15.pdf-Pupil D. ./Giffin__Neil_David_-_0241998_-_Web_Decision_-_13_Jan_15.pdf- ./Giffin__Neil_David_-_0241998_-_Web_Decision_-_13_Jan_15.pdf-This allegation was therefore found proven. ./Giffin__Neil_David_-_0241998_-_Web_Decision_-_13_Jan_15.pdf- ./Giffin__Neil_David_-_0241998_-_Web_Decision_-_13_Jan_15.pdf:6b In relation to Pupil E you engaged in sexual activity with her ./Giffin__Neil_David_-_0241998_-_Web_Decision_-_13_Jan_15.pdf- ./Giffin__Neil_David_-_0241998_-_Web_Decision_-_13_Jan_15.pdf:The Statement of Agreed Facts includes an admission that Mr Giffin engaged in sexual ./Giffin__Neil_David_-_0241998_-_Web_Decision_-_13_Jan_15.pdf-activity with Pupil E. The Panel accepted this admission and found the allegation proven. ./Giffin__Neil_David_-_0241998_-_Web_Decision_-_13_Jan_15.pdf- ./Giffin__Neil_David_-_0241998_-_Web_Decision_-_13_Jan_15.pdf:6c In relation to Pupil E you had sexual intercourse with her ./Giffin__Neil_David_-_0241998_-_Web_Decision_-_13_Jan_15.pdf- ./Giffin__Neil_David_-_0241998_-_Web_Decision_-_13_Jan_15.pdf:The Statement of Agreed Facts includes an admission that Mr Giffin had sexual ./Giffin__Neil_David_-_0241998_-_Web_Decision_-_13_Jan_15.pdf-intercourse with Pupil E. The Panel accepted this admission and found the allegation ./Giffin__Neil_David_-_0241998_-_Web_Decision_-_13_Jan_15.pdf-proven. ./Giffin__Neil_David_-_0241998_-_Web_Decision_-_13_Jan_15.pdf- ./Giffin__Neil_David_-_0241998_-_Web_Decision_-_13_Jan_15.pdf- ./Giffin__Neil_David_-_0241998_-_Web_Decision_-_13_Jan_15.pdf- ./Giffin__Neil_David_-_0241998_-_Web_Decision_-_13_Jan_15.pdf- ./Giffin__Neil_David_-_0241998_-_Web_Decision_-_13_Jan_15.pdf- 13 ./Giffin__Neil_David_-_0241998_-_Web_Decision_-_13_Jan_15.pdf- -- ./Giffin__Neil_David_-_0241998_-_Web_Decision_-_13_Jan_15.pdf-and honest teachers. He must have known that these actions would offend the normally ./Giffin__Neil_David_-_0241998_-_Web_Decision_-_13_Jan_15.pdf-accepted standards of honest conduct. ./Giffin__Neil_David_-_0241998_-_Web_Decision_-_13_Jan_15.pdf- ./Giffin__Neil_David_-_0241998_-_Web_Decision_-_13_Jan_15.pdf-This allegation is therefore found proven. ./Giffin__Neil_David_-_0241998_-_Web_Decision_-_13_Jan_15.pdf- ./Giffin__Neil_David_-_0241998_-_Web_Decision_-_13_Jan_15.pdf:8 Your actions set out at 2, 5 and 6 were sexually motivated ./Giffin__Neil_David_-_0241998_-_Web_Decision_-_13_Jan_15.pdf- ./Giffin__Neil_David_-_0241998_-_Web_Decision_-_13_Jan_15.pdf:The Panel noted that Mr Giffin had admitted sexual motivation in relation to his ./Giffin__Neil_David_-_0241998_-_Web_Decision_-_13_Jan_15.pdf-communications with Pupil A in both his response to the Notice of Referral and in the ./Giffin__Neil_David_-_0241998_-_Web_Decision_-_13_Jan_15.pdf-Statement of Agreed Facts. The Panel noted that Mr Giffin has stated in his ./Giffin__Neil_David_-_0241998_-_Web_Decision_-_13_Jan_15.pdf-representations for these proceedings that his contact with Pupil A was not motivated by ./Giffin__Neil_David_-_0241998_-_Web_Decision_-_13_Jan_15.pdf:trying to establish a sexual relationship. However, in referring to matters of a sexual ./Giffin__Neil_David_-_0241998_-_Web_Decision_-_13_Jan_15.pdf-nature, the Panel considered that it was more likely than not that his actions set out at ./Giffin__Neil_David_-_0241998_-_Web_Decision_-_13_Jan_15.pdf:allegation 2 were sexually motivated. ./Giffin__Neil_David_-_0241998_-_Web_Decision_-_13_Jan_15.pdf- ./Giffin__Neil_David_-_0241998_-_Web_Decision_-_13_Jan_15.pdf-The Panel also noted that Mr Giffin admitted in the Statement of Agreed Facts that his ./Giffin__Neil_David_-_0241998_-_Web_Decision_-_13_Jan_15.pdf:actions in engaging in an inappropriate relationship, sexual activity and sexual ./Giffin__Neil_David_-_0241998_-_Web_Decision_-_13_Jan_15.pdf:intercourse with Pupil D were sexually motivated. Given that it has found the allegation ./Giffin__Neil_David_-_0241998_-_Web_Decision_-_13_Jan_15.pdf:of sexual activity to be proven, the Panel accepted that the motivation for his actions as ./Giffin__Neil_David_-_0241998_-_Web_Decision_-_13_Jan_15.pdf:set out at allegation 5 was sexual. ./Giffin__Neil_David_-_0241998_-_Web_Decision_-_13_Jan_15.pdf- ./Giffin__Neil_David_-_0241998_-_Web_Decision_-_13_Jan_15.pdf:The Panel did not find allegation 6a proven, so therefore did not go on to consider sexual ./Giffin__Neil_David_-_0241998_-_Web_Decision_-_13_Jan_15.pdf:motivation. In relation to allegations 6b and 6c, since the conduct involved sexual activity, ./Giffin__Neil_David_-_0241998_-_Web_Decision_-_13_Jan_15.pdf:the Panel considered that Mr Giffin’s actions were sexually motivated. ./Giffin__Neil_David_-_0241998_-_Web_Decision_-_13_Jan_15.pdf- ./Giffin__Neil_David_-_0241998_-_Web_Decision_-_13_Jan_15.pdf-This allegation was therefore found proven, save for in respect of allegation 6a. ./Giffin__Neil_David_-_0241998_-_Web_Decision_-_13_Jan_15.pdf- ./Giffin__Neil_David_-_0241998_-_Web_Decision_-_13_Jan_15.pdf- ./Giffin__Neil_David_-_0241998_-_Web_Decision_-_13_Jan_15.pdf- ./Giffin__Neil_David_-_0241998_-_Web_Decision_-_13_Jan_15.pdf-We have found the following particulars of the allegations against you not proven, for ./Giffin__Neil_David_-_0241998_-_Web_Decision_-_13_Jan_15.pdf-these reasons: ./Giffin__Neil_David_-_0241998_-_Web_Decision_-_13_Jan_15.pdf- ./Giffin__Neil_David_-_0241998_-_Web_Decision_-_13_Jan_15.pdf-6a In around 2007 to 2008 in relation to Pupil E you engaged in an ./Giffin__Neil_David_-_0241998_-_Web_Decision_-_13_Jan_15.pdf-inappropriate relationship with her -- ./Giffin__Neil_David_-_0241998_-_Web_Decision_-_13_Jan_15.pdf- ./Giffin__Neil_David_-_0241998_-_Web_Decision_-_13_Jan_15.pdf-The Panel was concerned that there was a pattern of repetition. Having had an ./Giffin__Neil_David_-_0241998_-_Web_Decision_-_13_Jan_15.pdf-inappropriate relationship with a former pupil several years earlier, he again failed to ./Giffin__Neil_David_-_0241998_-_Web_Decision_-_13_Jan_15.pdf-maintain appropriate boundaries with three pupils from his previous school. The Panel ./Giffin__Neil_David_-_0241998_-_Web_Decision_-_13_Jan_15.pdf-noted that, in relation to Pupil A, he stated in an investigative interview that he knew what ./Giffin__Neil_David_-_0241998_-_Web_Decision_-_13_Jan_15.pdf-he was doing was wrong and deactivated his fake Facebook account, yet he went on to ./Giffin__Neil_David_-_0241998_-_Web_Decision_-_13_Jan_15.pdf-reactivate that account to further communicate with Pupil A. ./Giffin__Neil_David_-_0241998_-_Web_Decision_-_13_Jan_15.pdf- ./Giffin__Neil_David_-_0241998_-_Web_Decision_-_13_Jan_15.pdf-The Panel has also considered whether Mr Giffin’s conduct displayed behaviours ./Giffin__Neil_David_-_0241998_-_Web_Decision_-_13_Jan_15.pdf-associated with any of the offences listed on page 8 and 9 of the Guidance. The Panel ./Giffin__Neil_David_-_0241998_-_Web_Decision_-_13_Jan_15.pdf:noted that it has found that sexual activity took place and that Mr Giffin acted with sexual ./Giffin__Neil_David_-_0241998_-_Web_Decision_-_13_Jan_15.pdf-motivation. The Guidance indicates that where behaviours associated with such an ./Giffin__Neil_David_-_0241998_-_Web_Decision_-_13_Jan_15.pdf-offence exist, a Panel is likely to conclude that an individual’s conduct would amount to ./Giffin__Neil_David_-_0241998_-_Web_Decision_-_13_Jan_15.pdf-unacceptable professional conduct. ./Giffin__Neil_David_-_0241998_-_Web_Decision_-_13_Jan_15.pdf- ./Giffin__Neil_David_-_0241998_-_Web_Decision_-_13_Jan_15.pdf-The Panel believes Mr Giffin’s actions led to Pupils A, B, C and D being exposed to or ./Giffin__Neil_David_-_0241998_-_Web_Decision_-_13_Jan_15.pdf-influenced by harmful behaviour. ./Giffin__Neil_David_-_0241998_-_Web_Decision_-_13_Jan_15.pdf- ./Giffin__Neil_David_-_0241998_-_Web_Decision_-_13_Jan_15.pdf-Although the Panel found allegations 6b and 6c proven, it has not taken the relationship ./Giffin__Neil_David_-_0241998_-_Web_Decision_-_13_Jan_15.pdf-between Mr Giffin and Pupil E into account when considering its finding of unacceptable ./Giffin__Neil_David_-_0241998_-_Web_Decision_-_13_Jan_15.pdf-professional conduct, since it was not proven that this relationship was inappropriate, as -- ./Giffin__Neil_David_-_0241998_-_Web_Decision_-_13_Jan_15.pdf-  dishonesty especially where there have been serious consequences, and/or it has ./Giffin__Neil_David_-_0241998_-_Web_Decision_-_13_Jan_15.pdf- been repeated and/or covered up ./Giffin__Neil_David_-_0241998_-_Web_Decision_-_13_Jan_15.pdf:  sexual misconduct, eg involving actions that were sexually motivated or of a ./Giffin__Neil_David_-_0241998_-_Web_Decision_-_13_Jan_15.pdf: sexual nature and/or that use or exploit the trust, knowledge or influence derived ./Giffin__Neil_David_-_0241998_-_Web_Decision_-_13_Jan_15.pdf- from the individual’s professional position ./Giffin__Neil_David_-_0241998_-_Web_Decision_-_13_Jan_15.pdf-The pattern of behaviour referred to above leads to concerns that there may be a ./Giffin__Neil_David_-_0241998_-_Web_Decision_-_13_Jan_15.pdf-continuing risk, and indicates a deep-seated attitude potentially leading to further harmful ./Giffin__Neil_David_-_0241998_-_Web_Decision_-_13_Jan_15.pdf-behaviour. ./Giffin__Neil_David_-_0241998_-_Web_Decision_-_13_Jan_15.pdf- ./Giffin__Neil_David_-_0241998_-_Web_Decision_-_13_Jan_15.pdf-Even though there were behaviours that would point to a prohibition order being ./Giffin__Neil_David_-_0241998_-_Web_Decision_-_13_Jan_15.pdf-appropriate, the Panel went on to consider whether or not there were sufficient mitigating ./Giffin__Neil_David_-_0241998_-_Web_Decision_-_13_Jan_15.pdf-factors against a prohibition order being an appropriate and proportionate measure to ./Giffin__Neil_David_-_0241998_-_Web_Decision_-_13_Jan_15.pdf-impose, particularly taking into account the nature and severity of the behaviour in this ./Giffin__Neil_David_-_0241998_-_Web_Decision_-_13_Jan_15.pdf-case. -- ./Giffin__Neil_David_-_0241998_-_Web_Decision_-_13_Jan_15.pdf-indicates a continuing risk. Accordingly, the Panel makes a recommendation to the ./Giffin__Neil_David_-_0241998_-_Web_Decision_-_13_Jan_15.pdf-Secretary of State that a prohibition order should be imposed with immediate effect. ./Giffin__Neil_David_-_0241998_-_Web_Decision_-_13_Jan_15.pdf- ./Giffin__Neil_David_-_0241998_-_Web_Decision_-_13_Jan_15.pdf-The Panel went on to consider whether or not it would be appropriate to recommend a ./Giffin__Neil_David_-_0241998_-_Web_Decision_-_13_Jan_15.pdf-review period of the order. The Panel was mindful that the Guidance advises that a ./Giffin__Neil_David_-_0241998_-_Web_Decision_-_13_Jan_15.pdf-prohibition order applies for life, but there may be circumstances in any given case that ./Giffin__Neil_David_-_0241998_-_Web_Decision_-_13_Jan_15.pdf-make it appropriate to allow a teacher to apply to have the prohibition order reviewed ./Giffin__Neil_David_-_0241998_-_Web_Decision_-_13_Jan_15.pdf-after a specified period of time of not less than two years. ./Giffin__Neil_David_-_0241998_-_Web_Decision_-_13_Jan_15.pdf- ./Giffin__Neil_David_-_0241998_-_Web_Decision_-_13_Jan_15.pdf-The Guidance indicates that there are behaviours that, if proven, would militate against a ./Giffin__Neil_David_-_0241998_-_Web_Decision_-_13_Jan_15.pdf:review period being recommended. One of these behaviours is serious sexual ./Giffin__Neil_David_-_0241998_-_Web_Decision_-_13_Jan_15.pdf:misconduct. The Panel has found Mr Giffin to have acted with sexual motivation, that he ./Giffin__Neil_David_-_0241998_-_Web_Decision_-_13_Jan_15.pdf-breached his position of trust, that he repeated his pattern of behaviour, and that one of ./Giffin__Neil_David_-_0241998_-_Web_Decision_-_13_Jan_15.pdf-the pupils involved was a vulnerable pupil where there was the potential to result in harm. ./Giffin__Neil_David_-_0241998_-_Web_Decision_-_13_Jan_15.pdf-Mr Giffin has shown regret, but the Panel did not consider he had shown sufficient insight ./Giffin__Neil_David_-_0241998_-_Web_Decision_-_13_Jan_15.pdf-into the impact his actions may have had on the pupils. ./Giffin__Neil_David_-_0241998_-_Web_Decision_-_13_Jan_15.pdf- ./Giffin__Neil_David_-_0241998_-_Web_Decision_-_13_Jan_15.pdf-The Panel felt that its findings represent an outcome in which a review period would not ./Giffin__Neil_David_-_0241998_-_Web_Decision_-_13_Jan_15.pdf-be appropriate. As such, it decided that it would be proportionate, in all the ./Giffin__Neil_David_-_0241998_-_Web_Decision_-_13_Jan_15.pdf-circumstances, for the prohibition order to be recommended without provision for a ./Giffin__Neil_David_-_0241998_-_Web_Decision_-_13_Jan_15.pdf-review period. ./Giffin__Neil_David_-_0241998_-_Web_Decision_-_13_Jan_15.pdf- ./Giffin__Neil_David_-_0241998_-_Web_Decision_-_13_Jan_15.pdf- ./Giffin__Neil_David_-_0241998_-_Web_Decision_-_13_Jan_15.pdf-Decision and reasons on behalf of the Secretary of ./Giffin__Neil_David_-_0241998_-_Web_Decision_-_13_Jan_15.pdf-State ./Giffin__Neil_David_-_0241998_-_Web_Decision_-_13_Jan_15.pdf-I have given very careful consideration to the findings and recommendations of the panel ./Giffin__Neil_David_-_0241998_-_Web_Decision_-_13_Jan_15.pdf-in this case. ./Giffin__Neil_David_-_0241998_-_Web_Decision_-_13_Jan_15.pdf- ./Giffin__Neil_David_-_0241998_-_Web_Decision_-_13_Jan_15.pdf-The panel have found a range of allegations against Mr Giffin proven relating to ./Giffin__Neil_David_-_0241998_-_Web_Decision_-_13_Jan_15.pdf-inappropriate communications, failure to maintain appropriate boundaries and ./Giffin__Neil_David_-_0241998_-_Web_Decision_-_13_Jan_15.pdf:inappropriate relationships including sexual activity. They have also found dishonesty ./Giffin__Neil_David_-_0241998_-_Web_Decision_-_13_Jan_15.pdf:and that in some instances Mr Giffin’s behaviour was sexually motivated. The panel have ./Giffin__Neil_David_-_0241998_-_Web_Decision_-_13_Jan_15.pdf-determined that his behaviour and actions amount to unacceptable professional conduct ./Giffin__Neil_David_-_0241998_-_Web_Decision_-_13_Jan_15.pdf-and conduct that may bring the profession into disrepute. Mr Giffin has admitted the ./Giffin__Neil_David_-_0241998_-_Web_Decision_-_13_Jan_15.pdf-same. ./Giffin__Neil_David_-_0241998_-_Web_Decision_-_13_Jan_15.pdf- ./Giffin__Neil_David_-_0241998_-_Web_Decision_-_13_Jan_15.pdf-In considering whether a prohibition order would be an appropriate and proportionate ./Giffin__Neil_David_-_0241998_-_Web_Decision_-_13_Jan_15.pdf-sanction the panel have properly considered both the public interest and the interests of ./Giffin__Neil_David_-_0241998_-_Web_Decision_-_13_Jan_15.pdf-Mr Giffin. The panel have provided a detailed analysis of their considerations in this ./Giffin__Neil_David_-_0241998_-_Web_Decision_-_13_Jan_15.pdf-respect and have recommended that a prohibition order is an appropriate sanction in this ./Giffin__Neil_David_-_0241998_-_Web_Decision_-_13_Jan_15.pdf-case. I agree with their recommendation. ./Giffin__Neil_David_-_0241998_-_Web_Decision_-_13_Jan_15.pdf- -- ./Giffin__Neil_David_-_0241998_-_Web_Decision_-_13_Jan_15.pdf-prohibition of teachers’. In particular the guidance is clear that there are certain ./Giffin__Neil_David_-_0241998_-_Web_Decision_-_13_Jan_15.pdf:behaviours that would militate against a review period. These include serious sexual ./Giffin__Neil_David_-_0241998_-_Web_Decision_-_13_Jan_15.pdf-misconduct. ./Giffin__Neil_David_-_0241998_-_Web_Decision_-_13_Jan_15.pdf- ./Giffin__Neil_David_-_0241998_-_Web_Decision_-_13_Jan_15.pdf:Mr Giffin’s actions have been found to be sexually motivated. There is a repeated pattern ./Giffin__Neil_David_-_0241998_-_Web_Decision_-_13_Jan_15.pdf-of behaviour and there was clear potential for a vulnerable pupil to be harmed. Whilst he ./Giffin__Neil_David_-_0241998_-_Web_Decision_-_13_Jan_15.pdf-has shown regret, there is little evidence of insight into the impact his actions might have ./Giffin__Neil_David_-_0241998_-_Web_Decision_-_13_Jan_15.pdf-had on pupils. In the circumstances I agree with the recommendation that the order ./Giffin__Neil_David_-_0241998_-_Web_Decision_-_13_Jan_15.pdf-should be without an opportunity to apply for it to be set aside. ./Giffin__Neil_David_-_0241998_-_Web_Decision_-_13_Jan_15.pdf- ./Giffin__Neil_David_-_0241998_-_Web_Decision_-_13_Jan_15.pdf-This means that Mr Neil David Giffin is prohibited from teaching indefinitely and ./Giffin__Neil_David_-_0241998_-_Web_Decision_-_13_Jan_15.pdf-cannot teach in any school, sixth form college, relevant youth accommodation or ./Giffin__Neil_David_-_0241998_-_Web_Decision_-_13_Jan_15.pdf-children’s home in England. Furthermore, in view of the seriousness of the allegations ./Giffin__Neil_David_-_0241998_-_Web_Decision_-_13_Jan_15.pdf-found proved against him, I have decided that Mr Neil David Giffin shall not be entitled to ./Giffin__Neil_David_-_0241998_-_Web_Decision_-_13_Jan_15.pdf-apply for restoration of his eligibility to teach. ./Gilbert__A_12596_-_Web_decision.pdf- ./Gilbert__A_12596_-_Web_decision.pdf- b. inappropriately communicated with Student A, on one or more occasions, ./Gilbert__A_12596_-_Web_decision.pdf- about matters which were not related to her education by: ./Gilbert__A_12596_-_Web_decision.pdf- ./Gilbert__A_12596_-_Web_decision.pdf- i. Email, ./Gilbert__A_12596_-_Web_decision.pdf- ./Gilbert__A_12596_-_Web_decision.pdf- ii. Telephone; ./Gilbert__A_12596_-_Web_decision.pdf- ./Gilbert__A_12596_-_Web_decision.pdf- c. kissed Student A on one or more occasions; ./Gilbert__A_12596_-_Web_decision.pdf- ./Gilbert__A_12596_-_Web_decision.pdf: d. engaged in sexual activity with Student A on one or more occasions. ./Gilbert__A_12596_-_Web_decision.pdf- ./Gilbert__A_12596_-_Web_decision.pdf: 2. His conduct as set out in paragraph 1 above was sexually motivated. ./Gilbert__A_12596_-_Web_decision.pdf- ./Gilbert__A_12596_-_Web_decision.pdf- 3. When applying for the post at Purbeck School (“the School”), he failed to declare ./Gilbert__A_12596_-_Web_decision.pdf- that his employment at the College ceased because of his relationship with ./Gilbert__A_12596_-_Web_decision.pdf- Student A in his: ./Gilbert__A_12596_-_Web_decision.pdf- ./Gilbert__A_12596_-_Web_decision.pdf- a. application form, ./Gilbert__A_12596_-_Web_decision.pdf- ./Gilbert__A_12596_-_Web_decision.pdf- b. interview. ./Gilbert__A_12596_-_Web_decision.pdf- ./Gilbert__A_12596_-_Web_decision.pdf- 4. When asked by his line manager at the School whether he left the College -- ./Gilbert__A_12596_-_Web_decision.pdf- ./Gilbert__A_12596_-_Web_decision.pdf-The panel noted from Pupil A’s witness statement that on one occasion at Mr Gilbert’s ./Gilbert__A_12596_-_Web_decision.pdf-house in late March or early April 2013, she and Mr Gilbert kissed each other (with ./Gilbert__A_12596_-_Web_decision.pdf-tongues) and she refers to them kissing on subsequent occasions also. Mr Gilbert stated ./Gilbert__A_12596_-_Web_decision.pdf-in oral evidence that he and Pupil A did kiss each other with tongues. ./Gilbert__A_12596_-_Web_decision.pdf- ./Gilbert__A_12596_-_Web_decision.pdf-Mr Gilbert’s representative confirmed at the start of the hearing that Mr Gilbert admits this ./Gilbert__A_12596_-_Web_decision.pdf-particular of the allegations. This particular of the allegations is found proven on the ./Gilbert__A_12596_-_Web_decision.pdf-balance of probabilities. ./Gilbert__A_12596_-_Web_decision.pdf- ./Gilbert__A_12596_-_Web_decision.pdf: d. engaged in sexual activity with Student A on one or more occasions. ./Gilbert__A_12596_-_Web_decision.pdf- ./Gilbert__A_12596_-_Web_decision.pdf-In her witness statement, Pupil A states that when staying over at Mr Gilbert’s house their ./Gilbert__A_12596_-_Web_decision.pdf:relationship became sexual and that she wanted to have sexual relations with Mr Gilbert. ./Gilbert__A_12596_-_Web_decision.pdf- ./Gilbert__A_12596_-_Web_decision.pdf:Mr Gilbert’s oral evidence was that sexual activity with Pupil A did take place, namely ./Gilbert__A_12596_-_Web_decision.pdf:kissing and sexual activity (touching beneath clothes) which was as “close to sex” without ./Gilbert__A_12596_-_Web_decision.pdf:becoming “penetrative sex”. He also indicated that Pupil A never stayed overnight with ./Gilbert__A_12596_-_Web_decision.pdf-him. ./Gilbert__A_12596_-_Web_decision.pdf- ./Gilbert__A_12596_-_Web_decision.pdf-Mr Gilbert’s representative confirmed at the start of the hearing that Mr Gilbert admits this ./Gilbert__A_12596_-_Web_decision.pdf-particular of the allegations. This particular of the allegations is found proven on the ./Gilbert__A_12596_-_Web_decision.pdf-balance of probabilities. ./Gilbert__A_12596_-_Web_decision.pdf- ./Gilbert__A_12596_-_Web_decision.pdf: 2. Your conduct as set out in paragraph 1 above was sexually motivated. ./Gilbert__A_12596_-_Web_decision.pdf- ./Gilbert__A_12596_-_Web_decision.pdf-Mr Gilbert denies this particular of the allegations. ./Gilbert__A_12596_-_Web_decision.pdf- ./Gilbert__A_12596_-_Web_decision.pdf-The panel was advised by the legal advisor that the first question the panel needs to ask ./Gilbert__A_12596_-_Web_decision.pdf-itself is whether reasonable persons would think the facts found proven against Mr ./Gilbert__A_12596_-_Web_decision.pdf:Gilbert could be motivated by sexual desire i.e. an objective test. If so, the panel would ./Gilbert__A_12596_-_Web_decision.pdf-then need to go on to ask itself a second question: whether, in all the circumstances of ./Gilbert__A_12596_-_Web_decision.pdf:the conduct in the case, Mr Gilbert’s conduct or purpose towards Student A was sexually ./Gilbert__A_12596_-_Web_decision.pdf-motivated, i.e. the subjective test. ./Gilbert__A_12596_-_Web_decision.pdf- ./Gilbert__A_12596_-_Web_decision.pdf- ./Gilbert__A_12596_-_Web_decision.pdf- ./Gilbert__A_12596_-_Web_decision.pdf- ./Gilbert__A_12596_-_Web_decision.pdf- 10 ./Gilbert__A_12596_-_Web_decision.pdf- -- ./Gilbert__A_12596_-_Web_decision.pdf-Mr Gilbert’s representative submitted that Mr Gilbert does not deny that inappropriate ./Gilbert__A_12596_-_Web_decision.pdf:sexual contact took place with Pupil A but there was no sexual motivation towards ./Gilbert__A_12596_-_Web_decision.pdf-initiating contact with and continuing a relationship with Pupil A. ./Gilbert__A_12596_-_Web_decision.pdf- ./Gilbert__A_12596_-_Web_decision.pdf-When cross examined, Mr Gilbert was asked by the presenting officer whether he wanted ./Gilbert__A_12596_-_Web_decision.pdf-a relationship with Pupil A. Mr Gilbert stated that his motivation for starting a relationship ./Gilbert__A_12596_-_Web_decision.pdf-with Pupil A related to getting to know her and talking to Pupil A as she gave him ./Gilbert__A_12596_-_Web_decision.pdf-compliments and made him feel better about the stresses relating to his job and health ./Gilbert__A_12596_-_Web_decision.pdf:concerns. He did not set out to have a sexual relationship with Pupil A, the friendship ./Gilbert__A_12596_-_Web_decision.pdf:developed and there came to be a point where he did want sexual activity with Pupil A. ./Gilbert__A_12596_-_Web_decision.pdf-He further stated in oral evidence that he did not invite her over to his home for the ./Gilbert__A_12596_-_Web_decision.pdf:purposes of sexual activity. However, he admitted that his conduct went beyond kissing ./Gilbert__A_12596_-_Web_decision.pdf:and went much further but stopped before sexual intercourse. ./Gilbert__A_12596_-_Web_decision.pdf- ./Gilbert__A_12596_-_Web_decision.pdf-Further in his oral evidence, Mr Gilbert explained that if he had been motivated by a ./Gilbert__A_12596_-_Web_decision.pdf:desire for sex with Pupil A he would have sought to have had sexual activity with Pupil A ./Gilbert__A_12596_-_Web_decision.pdf-at the first opportunity. ./Gilbert__A_12596_-_Web_decision.pdf- ./Gilbert__A_12596_-_Web_decision.pdf-The panel considered that Mr Gilbert’s initial motivation in pursuing an inappropriate ./Gilbert__A_12596_-_Web_decision.pdf:relationship with Pupil A was not motivated by sexual desire. The panel consider that the ./Gilbert__A_12596_-_Web_decision.pdf-more likely explanation on the balance of probabilities, was that he was flattered by the ./Gilbert__A_12596_-_Web_decision.pdf-attention. Therefore, the panel considered that Mr Gilbert’s conduct as referred to in ./Gilbert__A_12596_-_Web_decision.pdf:allegations 1(a) to 1(b) was not sexually motivated. ./Gilbert__A_12596_-_Web_decision.pdf- ./Gilbert__A_12596_-_Web_decision.pdf-However, the panel further considered that a natural consequence of the close ./Gilbert__A_12596_-_Web_decision.pdf:relationship or friendship that had developed between Mr Gilbert and Pupil A was sexual ./Gilbert__A_12596_-_Web_decision.pdf:activity. As soon as the relationship became sexually intimate, the panel considered, from ./Gilbert__A_12596_-_Web_decision.pdf:that point, Mr Gilbert’s conduct was sexually motivated. The panel has found that sexual ./Gilbert__A_12596_-_Web_decision.pdf-activity between Mr Gilbert and Pupil A took place whilst she was still a pupil of the ./Gilbert__A_12596_-_Web_decision.pdf-College. The panel considered that both the objective and subjective tests were met. A ./Gilbert__A_12596_-_Web_decision.pdf-reasonable person would believe that the conduct found proven in relation to particulars ./Gilbert__A_12596_-_Web_decision.pdf:1(c) and 1(d) of the allegations was sexually motivated. The panel also considered that ./Gilbert__A_12596_-_Web_decision.pdf-Mr Gilbert’s behaviour in relation to those same particulars of the allegations was ./Gilbert__A_12596_-_Web_decision.pdf:sexually motivated. ./Gilbert__A_12596_-_Web_decision.pdf- ./Gilbert__A_12596_-_Web_decision.pdf-Particular 2 of the allegations is found proven in relation to particulars 1(c) and 1(d) only. ./Gilbert__A_12596_-_Web_decision.pdf- ./Gilbert__A_12596_-_Web_decision.pdf- 3. When applying for the post at Purbeck School (“the School”), you failed to ./Gilbert__A_12596_-_Web_decision.pdf- declare that your employment at the College ceased because of your ./Gilbert__A_12596_-_Web_decision.pdf- relationship with Student A in your: ./Gilbert__A_12596_-_Web_decision.pdf- ./Gilbert__A_12596_-_Web_decision.pdf- a. application form, ./Gilbert__A_12596_-_Web_decision.pdf- ./Gilbert__A_12596_-_Web_decision.pdf-The panel noted from the bundle that on the application form to the School, Mr Gilbert -- ./Gilbert__A_12596_-_Web_decision.pdf- at all times observing proper boundaries appropriate to a teacher’s ./Gilbert__A_12596_-_Web_decision.pdf- professional position; ./Gilbert__A_12596_-_Web_decision.pdf- o having regard for the need to safeguard pupils’ well-being, in accordance with ./Gilbert__A_12596_-_Web_decision.pdf- statutory provisions; ./Gilbert__A_12596_-_Web_decision.pdf-  Teachers must have proper and professional regard for the ethos, policies and ./Gilbert__A_12596_-_Web_decision.pdf- practices of the school in which they teach, and maintain high standards in their ./Gilbert__A_12596_-_Web_decision.pdf- own attendance and punctuality. ./Gilbert__A_12596_-_Web_decision.pdf-  Teachers must have an understanding of, and always act within, the statutory ./Gilbert__A_12596_-_Web_decision.pdf- frameworks which set out their professional duties and responsibilities. ./Gilbert__A_12596_-_Web_decision.pdf-The panel is satisfied that the conduct of Mr Gilbert in developing an inappropriate ./Gilbert__A_12596_-_Web_decision.pdf:relationship with a pupil that became sexual, even if the pupil was aged 18 at the time, ./Gilbert__A_12596_-_Web_decision.pdf-fell significantly short of the standards expected of the profession. Such conduct was ./Gilbert__A_12596_-_Web_decision.pdf-unprofessional, breached his position of trust and did have a negative impact on Pupil A’s ./Gilbert__A_12596_-_Web_decision.pdf-well-being. ./Gilbert__A_12596_-_Web_decision.pdf- ./Gilbert__A_12596_-_Web_decision.pdf- ./Gilbert__A_12596_-_Web_decision.pdf- ./Gilbert__A_12596_-_Web_decision.pdf- 15 ./Gilbert__A_12596_-_Web_decision.pdf- -- ./Gilbert__A_12596_-_Web_decision.pdf-The panel has also considered whether Mr Gilbert’s conduct displayed behaviours ./Gilbert__A_12596_-_Web_decision.pdf-associated with any of the offences listed in the Advice. The panel has found that the ./Gilbert__A_12596_-_Web_decision.pdf:offences of serious dishonesty and sexual activity are relevant. The Advice indicates that ./Gilbert__A_12596_-_Web_decision.pdf-where behaviours associated with such offences exist, a panel is likely to conclude that ./Gilbert__A_12596_-_Web_decision.pdf-an individual’s conduct would amount to unacceptable professional conduct. ./Gilbert__A_12596_-_Web_decision.pdf- ./Gilbert__A_12596_-_Web_decision.pdf-Mr Gilbert’s representative submitted that Mr Gilbert seriously regrets his actions and that ./Gilbert__A_12596_-_Web_decision.pdf-health issues at the time affected his judgement. The panel noted those issues. ./Gilbert__A_12596_-_Web_decision.pdf-However, the panel is satisfied that Mr Gilbert is guilty of unacceptable professional ./Gilbert__A_12596_-_Web_decision.pdf-conduct. His behaviour was contrary to the sections of the Teachers’ Standards referred ./Gilbert__A_12596_-_Web_decision.pdf-to above. ./Gilbert__A_12596_-_Web_decision.pdf- ./Gilbert__A_12596_-_Web_decision.pdf-The panel has taken into account how the teaching profession is viewed by others and ./Gilbert__A_12596_-_Web_decision.pdf-considered the influence that teachers may have on pupils, parents and others in the ./Gilbert__A_12596_-_Web_decision.pdf-community. The panel has taken account of the uniquely influential role that teachers can ./Gilbert__A_12596_-_Web_decision.pdf-hold in pupils’ lives and that pupils must be able to view teachers as role models in the ./Gilbert__A_12596_-_Web_decision.pdf-way they behave. ./Gilbert__A_12596_-_Web_decision.pdf- ./Gilbert__A_12596_-_Web_decision.pdf-The findings of misconduct are serious and the conduct displayed had a negative impact ./Gilbert__A_12596_-_Web_decision.pdf:on Mr Gilbert’s status as a teacher. The fact that he had had a sexual relationship with a ./Gilbert__A_12596_-_Web_decision.pdf-pupil and news of this passed on from the College to the School undoubtedly had a ./Gilbert__A_12596_-_Web_decision.pdf-negative impact on him and damaged the public perception of the profession. ./Gilbert__A_12596_-_Web_decision.pdf- ./Gilbert__A_12596_-_Web_decision.pdf-The panel therefore finds that Mr Gilbert’s actions also constitute conduct that may bring ./Gilbert__A_12596_-_Web_decision.pdf-the profession into disrepute. ./Gilbert__A_12596_-_Web_decision.pdf- ./Gilbert__A_12596_-_Web_decision.pdf-The panel noted that Mr Gilbert admitted in the course of the hearing that his conduct as ./Gilbert__A_12596_-_Web_decision.pdf-a whole in relation to the particulars of the allegations amounted to unacceptable ./Gilbert__A_12596_-_Web_decision.pdf-professional conduct and/or conduct that may bring the profession into disrepute. ./Gilbert__A_12596_-_Web_decision.pdf- -- ./Gilbert__A_12596_-_Web_decision.pdf-namely the protection of pupils, the maintenance of public confidence in the profession ./Gilbert__A_12596_-_Web_decision.pdf-and declaring and upholding proper standards of conduct. ./Gilbert__A_12596_-_Web_decision.pdf- ./Gilbert__A_12596_-_Web_decision.pdf-In light of the panel’s findings against Mr Gilbert, in that his behaviour ultimately resulted ./Gilbert__A_12596_-_Web_decision.pdf:in sexually motivated conduct towards Pupil A, there is a strong public interest ./Gilbert__A_12596_-_Web_decision.pdf-consideration in respect of the protection of pupils. ./Gilbert__A_12596_-_Web_decision.pdf- ./Gilbert__A_12596_-_Web_decision.pdf-Similarly, the panel considers that public confidence in the profession could be seriously ./Gilbert__A_12596_-_Web_decision.pdf-weakened if conduct such as that found against Mr Gilbert were not treated with the ./Gilbert__A_12596_-_Web_decision.pdf-utmost seriousness when regulating the conduct of the profession. ./Gilbert__A_12596_-_Web_decision.pdf- ./Gilbert__A_12596_-_Web_decision.pdf-The panel considered that a strong public interest consideration in declaring proper ./Gilbert__A_12596_-_Web_decision.pdf-standards of conduct in the profession was also present as the conduct found against Mr ./Gilbert__A_12596_-_Web_decision.pdf-Gilbert was outside that which could reasonably be tolerated. ./Gilbert__A_12596_-_Web_decision.pdf- -- ./Gilbert__A_12596_-_Web_decision.pdf-  serious departure from the personal and professional conduct elements of the ./Gilbert__A_12596_-_Web_decision.pdf- Teachers’ Standards; ./Gilbert__A_12596_-_Web_decision.pdf-  misconduct seriously affecting the education and/or well-being of pupils, and ./Gilbert__A_12596_-_Web_decision.pdf- particularly where there is a continuing risk; ./Gilbert__A_12596_-_Web_decision.pdf-  abuse of position or trust (particularly involving vulnerable pupils) or violation of the ./Gilbert__A_12596_-_Web_decision.pdf- rights of pupils; ./Gilbert__A_12596_-_Web_decision.pdf-  dishonesty especially where there have been serious consequences, and/or it has ./Gilbert__A_12596_-_Web_decision.pdf- been repeated and/or covered up; ./Gilbert__A_12596_-_Web_decision.pdf-  ….or other deliberate behaviour that undermines pupils, the profession, the school ./Gilbert__A_12596_-_Web_decision.pdf- or colleagues; ./Gilbert__A_12596_-_Web_decision.pdf:  sexual misconduct, e.g. involving actions that were sexually motivated or of a ./Gilbert__A_12596_-_Web_decision.pdf: sexual nature and/or that use or exploit the trust, knowledge or influence derived ./Gilbert__A_12596_-_Web_decision.pdf- from the individual’s professional position; ./Gilbert__A_12596_-_Web_decision.pdf-Even though there were behaviours that would point to a prohibition order being ./Gilbert__A_12596_-_Web_decision.pdf-appropriate, the panel went on to consider whether or not there were sufficient mitigating ./Gilbert__A_12596_-_Web_decision.pdf-factors to militate against a prohibition order being an appropriate and proportionate ./Gilbert__A_12596_-_Web_decision.pdf-measure to impose, particularly taking into account the nature and severity of the ./Gilbert__A_12596_-_Web_decision.pdf-behaviour in this case. The panel considers that the investigation undertaken by the ./Gilbert__A_12596_-_Web_decision.pdf- ./Gilbert__A_12596_-_Web_decision.pdf- 17 ./Gilbert__A_12596_-_Web_decision.pdf- -- ./Gilbert__A_12596_-_Web_decision.pdf-College to some extent caused Mr Gilbert confusion over whether the terms of the ./Gilbert__A_12596_-_Web_decision.pdf-settlement agreement would prohibit him from revealing the reasons for leaving the ./Gilbert__A_12596_-_Web_decision.pdf-College. However, the panel considers that a reasonable and honest teacher would have ./Gilbert__A_12596_-_Web_decision.pdf-realised that not revealing the true nature of his departure would call into question his ./Gilbert__A_12596_-_Web_decision.pdf-probity and honesty. ./Gilbert__A_12596_-_Web_decision.pdf- ./Gilbert__A_12596_-_Web_decision.pdf-In light of the panel’s findings, the panel considers that Mr Gilbert’s actions were ./Gilbert__A_12596_-_Web_decision.pdf-deliberate. He did not seek to proactively cease contact with Pupil A even when he ./Gilbert__A_12596_-_Web_decision.pdf:realised that he wished to undertake sexual activity with Pupil A. Mr Gilbert’s ./Gilbert__A_12596_-_Web_decision.pdf-representative submitted that poor health was, in his view, duress which impacted on Mr ./Gilbert__A_12596_-_Web_decision.pdf-Gilbert’s judgment at the time. Even though he was under a lot of job pressure and ./Gilbert__A_12596_-_Web_decision.pdf-personal pressure (including health concerns and loss of a relative) at the time, the panel ./Gilbert__A_12596_-_Web_decision.pdf-did not consider that Mr Gilbert was acting under duress. ./Gilbert__A_12596_-_Web_decision.pdf- ./Gilbert__A_12596_-_Web_decision.pdf-The panel accepted Mr Gilbert’s representative’s submission that Mr Gilbert was of ./Gilbert__A_12596_-_Web_decision.pdf-previous good history and the panel accepts that his relationship with Pupil A, as stated ./Gilbert__A_12596_-_Web_decision.pdf-by Witness E in oral evidence, was out of character. Witness E stated that he would have ./Gilbert__A_12596_-_Web_decision.pdf-Mr Gilbert teaching at the College “tomorrow”. The panel noted that Witness E however ./Gilbert__A_12596_-_Web_decision.pdf-was unaware of the reasons Mr Gilbert was dismissed from the School. The presenting -- ./Gilbert__A_12596_-_Web_decision.pdf-It was clear to the panel that Mr Gilbert was highly regarded for his teaching capability ./Gilbert__A_12596_-_Web_decision.pdf-and proficiency. The presenting officer invited the panel to place less weight on the ./Gilbert__A_12596_-_Web_decision.pdf-above mentioned character references as a number of the statement makers were not ./Gilbert__A_12596_-_Web_decision.pdf-aware of the reasons for his dismissal from the School or the College. The panel noted ./Gilbert__A_12596_-_Web_decision.pdf-the concern. Mr Gilbert stated in oral evidence that five (of the eight statement providers) ./Gilbert__A_12596_-_Web_decision.pdf-were aware of the reasons for dismissal. Witness E volunteered to provide a character ./Gilbert__A_12596_-_Web_decision.pdf-reference and appear as a character witness for Mr Gilbert. ./Gilbert__A_12596_-_Web_decision.pdf- ./Gilbert__A_12596_-_Web_decision.pdf-However, the panel is of the view that prohibition is both proportionate and appropriate. ./Gilbert__A_12596_-_Web_decision.pdf-The panel has decided that the public interest considerations outweigh the interests of Mr ./Gilbert__A_12596_-_Web_decision.pdf:Gilbert. The sexually motivated conduct towards Pupil A (as set out in particulars 1(c) and ./Gilbert__A_12596_-_Web_decision.pdf-1(d)) and his repeated dishonesty in failing to reveal the true reason for leaving the ./Gilbert__A_12596_-_Web_decision.pdf-College on three separate occasions (as referred to in allegations 3 and 4) were ./Gilbert__A_12596_-_Web_decision.pdf-significant factors in forming that opinion. Accordingly, the panel makes a ./Gilbert__A_12596_-_Web_decision.pdf-recommendation to the Secretary of State that a prohibition order should be imposed with ./Gilbert__A_12596_-_Web_decision.pdf-immediate effect. ./Gilbert__A_12596_-_Web_decision.pdf- ./Gilbert__A_12596_-_Web_decision.pdf- ./Gilbert__A_12596_-_Web_decision.pdf- ./Gilbert__A_12596_-_Web_decision.pdf- 19 ./Gilbert__A_12596_-_Web_decision.pdf- -- ./Gilbert__A_12596_-_Web_decision.pdf-The panel went on to consider whether or not it would be appropriate for them to decide ./Gilbert__A_12596_-_Web_decision.pdf-to recommend that a review period of the order should be considered. The panel was ./Gilbert__A_12596_-_Web_decision.pdf-mindful that the Advice states that a prohibition order applies for life, but there may be ./Gilbert__A_12596_-_Web_decision.pdf-circumstances in any given case that may make it appropriate to allow a teacher to apply ./Gilbert__A_12596_-_Web_decision.pdf-to have the prohibition order reviewed after a specified period of time that may not be ./Gilbert__A_12596_-_Web_decision.pdf-less than 2 years. ./Gilbert__A_12596_-_Web_decision.pdf- ./Gilbert__A_12596_-_Web_decision.pdf-The Advice indicates that there are behaviours that, if proven, would militate against a ./Gilbert__A_12596_-_Web_decision.pdf-review period being recommended. These behaviours includes serious dishonesty and ./Gilbert__A_12596_-_Web_decision.pdf:serious sexual misconduct, e.g. where the act was sexually motivated and resulted in or ./Gilbert__A_12596_-_Web_decision.pdf-had the potential to result in, harm to a person or persons, particularly where the ./Gilbert__A_12596_-_Web_decision.pdf-individual has used their professional position to influence or exploit a person or persons. ./Gilbert__A_12596_-_Web_decision.pdf-Even though it is arguable that the findings against Mr Gilbert amounted to serious ./Gilbert__A_12596_-_Web_decision.pdf:dishonesty and serious sexual misconduct, the panel decided that there were extensive ./Gilbert__A_12596_-_Web_decision.pdf-counter-balancing factors in this case that would render it disproportionate and ./Gilbert__A_12596_-_Web_decision.pdf-unreasonable for a prohibition order to be imposed without provision for a review period. ./Gilbert__A_12596_-_Web_decision.pdf- ./Gilbert__A_12596_-_Web_decision.pdf-The panel considered that the College caused Mr Gilbert great confusion over the impact ./Gilbert__A_12596_-_Web_decision.pdf-and meaning of the settlement agreement that it asked Mr Gilbert to sign. Witnesses from ./Gilbert__A_12596_-_Web_decision.pdf-the College confirmed in oral evidence that the meaning of the secrecy clause was ./Gilbert__A_12596_-_Web_decision.pdf-unclear. The panel could understand why Mr Gilbert could have felt he could not reveal ./Gilbert__A_12596_-_Web_decision.pdf-the true reason for his dismissal from the College. Also, the panel believed that the ./Gilbert__A_12596_-_Web_decision.pdf-College’s conduct reasonably led Mr Gilbert to believe that the College did not find that ./Gilbert__A_12596_-_Web_decision.pdf-the relationship with Pupil A was a significant or grave error of judgment. The College -- ./Gilbert__A_12596_-_Web_decision.pdf-I have given very careful consideration to this case and to the recommendations made by ./Gilbert__A_12596_-_Web_decision.pdf-the panel in respect of both sanction and review period. ./Gilbert__A_12596_-_Web_decision.pdf- ./Gilbert__A_12596_-_Web_decision.pdf-This case has two main limbs to it. The first is connected with the relationship that Mr ./Gilbert__A_12596_-_Web_decision.pdf-Gilbert established with Pupil A. The second limb concerns the information that Mr Gilbert ./Gilbert__A_12596_-_Web_decision.pdf-provided when applying for a job after he had left the College. ./Gilbert__A_12596_-_Web_decision.pdf- ./Gilbert__A_12596_-_Web_decision.pdf-The panel has set out its findings clearly in both of these areas. ./Gilbert__A_12596_-_Web_decision.pdf- ./Gilbert__A_12596_-_Web_decision.pdf-On the first element, the panel has found that Mr Gilbert’s conduct in respect of ./Gilbert__A_12596_-_Web_decision.pdf:particulars 1(c) and 1(d) was sexually motivated. The panel found that sexual activity ./Gilbert__A_12596_-_Web_decision.pdf-between Mr Gilbert and Pupil A took place whilst she was still a pupil of the College. The ./Gilbert__A_12596_-_Web_decision.pdf-panel considered that both the objective and subjective tests were met. The panel are ./Gilbert__A_12596_-_Web_decision.pdf-clear that “A reasonable person would believe that the conduct found proven in relation to ./Gilbert__A_12596_-_Web_decision.pdf:particulars 1(c) and 1(d) of the allegations was sexually motivated.” ./Gilbert__A_12596_-_Web_decision.pdf- ./Gilbert__A_12596_-_Web_decision.pdf-On the second element the panel are also clear on their findings. The panel considered ./Gilbert__A_12596_-_Web_decision.pdf-that objectively, by the standards of reasonable and honest teachers, that Mr Gilbert ./Gilbert__A_12596_-_Web_decision.pdf-acted dishonestly when he failed to reveal the true reason for his leaving the College on ./Gilbert__A_12596_-_Web_decision.pdf-his application form, in his interview with the School and when he responded to the direct ./Gilbert__A_12596_-_Web_decision.pdf-question asked of him by Witness C. In addition, the panel considered that subjectively ./Gilbert__A_12596_-_Web_decision.pdf-Mr Gilbert knew or must have known that what he was doing (as referred to in particulars ./Gilbert__A_12596_-_Web_decision.pdf-3 and 4 of the allegations) was dishonest by those standards. ./Gilbert__A_12596_-_Web_decision.pdf- ./Gilbert__A_12596_-_Web_decision.pdf-I have read the guidance published by the Secretary of State and it is clear to me that -- ./Gilbert__A_12596_-_Web_decision.pdf-I have taken into account the need to be proportionate. I have also balanced the public ./Gilbert__A_12596_-_Web_decision.pdf-interest with the individual interests of Mr Gilbert. ./Gilbert__A_12596_-_Web_decision.pdf- ./Gilbert__A_12596_-_Web_decision.pdf-I agree with the recommendation of the panel that Mr Gilbert should be prohibited from ./Gilbert__A_12596_-_Web_decision.pdf-teaching. ./Gilbert__A_12596_-_Web_decision.pdf- ./Gilbert__A_12596_-_Web_decision.pdf-I turn now to the issue of a review period. I have read with great care the thinking of the ./Gilbert__A_12596_-_Web_decision.pdf-panel and have given this matter a great deal of consideration. ./Gilbert__A_12596_-_Web_decision.pdf- ./Gilbert__A_12596_-_Web_decision.pdf-Mr Gilbert has been found guilty of behaviour which falls across two very serious ./Gilbert__A_12596_-_Web_decision.pdf:elements; sexually motivated behaviour with a pupil and dishonesty. ./Gilbert__A_12596_-_Web_decision.pdf- ./Gilbert__A_12596_-_Web_decision.pdf-I have read carefully the panel’s thinking in relation to Mr Gilbert’s record as a teacher. I ./Gilbert__A_12596_-_Web_decision.pdf-have also given careful consideration to the degree of insight and remorse expressed. I ./Gilbert__A_12596_-_Web_decision.pdf-have noted the issues relating to health and judgement put forward by Mr Gilbert. ./Gilbert__A_12596_-_Web_decision.pdf- ./Gilbert__A_12596_-_Web_decision.pdf-In my judgement the panel have given greater weight to these issues than I believe is ./Gilbert__A_12596_-_Web_decision.pdf:appropriate. Mr Gilbert denied that his behaviour was sexually motivated, when it is clear ./Gilbert__A_12596_-_Web_decision.pdf:from the findings of the panel that it was sexually motivated. Indeed the panel state that ./Gilbert__A_12596_-_Web_decision.pdf:“Mr Gilbert’s oral evidence was that sexual activity with Pupil A did take place, namely ./Gilbert__A_12596_-_Web_decision.pdf:kissing and sexual activity (touching beneath clothes) which was as “close to sex” without ./Gilbert__A_12596_-_Web_decision.pdf:becoming “penetrative sex”. ./Gilbert__A_12596_-_Web_decision.pdf- ./Gilbert__A_12596_-_Web_decision.pdf- ./Gilbert__A_12596_-_Web_decision.pdf- ./Gilbert__A_12596_-_Web_decision.pdf- 22 ./Gilbert__A_12596_-_Web_decision.pdf- -- ./Gilbert__A_12596_-_Web_decision.pdf-ashamed over his conduct. His behaviour was out of character.” ./Gilbert__A_12596_-_Web_decision.pdf- ./Gilbert__A_12596_-_Web_decision.pdf-The panel also say that Mr Gilbert has “remorse and developing insight,” ./Gilbert__A_12596_-_Web_decision.pdf- ./Gilbert__A_12596_-_Web_decision.pdf-In my opinion, the fact that there are two very serious matters at play in this case has not ./Gilbert__A_12596_-_Web_decision.pdf-been sufficiently taken into account by the panel. ./Gilbert__A_12596_-_Web_decision.pdf- ./Gilbert__A_12596_-_Web_decision.pdf-In my judgement this is a case where, having considered the guidance published by the ./Gilbert__A_12596_-_Web_decision.pdf-Secretary of State, no review is proportionate and appropriate. That guidance indicates ./Gilbert__A_12596_-_Web_decision.pdf-that no review may be appropriate where there is, “serious dishonesty” and serious ./Gilbert__A_12596_-_Web_decision.pdf:sexual misconduct e.g. where the act was sexually motivated …….where the individual ./Gilbert__A_12596_-_Web_decision.pdf-has used their professional position to...exploit a person”. ./Gilbert__A_12596_-_Web_decision.pdf- ./Gilbert__A_12596_-_Web_decision.pdf:In my view this case meets that description. The sexual misconduct was serious, even if ./Gilbert__A_12596_-_Web_decision.pdf:it did not extend to “penetrative sex” and the dishonesty was serious as it occurred in the ./Gilbert__A_12596_-_Web_decision.pdf-face of clear questions that were responded to in a dishonest way. ./Gilbert__A_12596_-_Web_decision.pdf- ./Gilbert__A_12596_-_Web_decision.pdf-For these reasons I believe no review period is the right decision. ./Gilbert__A_12596_-_Web_decision.pdf- ./Gilbert__A_12596_-_Web_decision.pdf-This means that Mr Andrew Gilbert is prohibited from teaching indefinitely and ./Gilbert__A_12596_-_Web_decision.pdf-cannot teach in any school, sixth form college, relevant youth accommodation or ./Gilbert__A_12596_-_Web_decision.pdf-children’s home in England. Furthermore, in view of the seriousness of the allegations ./Gilbert__A_12596_-_Web_decision.pdf-found proved against him, I have decided that Mr Andrew Gilbert shall not be entitled to ./Gilbert__A_12596_-_Web_decision.pdf-apply for restoration of his eligibility to teach. ./Gilbert__A_12596_-_Web_decision.pdf- ./Gilland_Jordan_SoS_decision_Accessibility_Checked.pdf- ./Gilland_Jordan_SoS_decision_Accessibility_Checked.pdf-This was accepted by Mr Gilland pursuant to the Agreed Statement. ./Gilland_Jordan_SoS_decision_Accessibility_Checked.pdf- ./Gilland_Jordan_SoS_decision_Accessibility_Checked.pdf-Clearly, Mr Gilland had a duty to maintain appropriate professional boundaries with all of ./Gilland_Jordan_SoS_decision_Accessibility_Checked.pdf-his pupils. ./Gilland_Jordan_SoS_decision_Accessibility_Checked.pdf- ./Gilland_Jordan_SoS_decision_Accessibility_Checked.pdf-The panel was satisfied that, given his conduct, he failed to do so in relation to Pupil A. ./Gilland_Jordan_SoS_decision_Accessibility_Checked.pdf- ./Gilland_Jordan_SoS_decision_Accessibility_Checked.pdf-Mr Gilland may have been motivated only by a desire to help Pupil A. The panel noted ./Gilland_Jordan_SoS_decision_Accessibility_Checked.pdf-that the outcome of the LADO referral was that the intent behind Mr Gilland's behaviour ./Gilland_Jordan_SoS_decision_Accessibility_Checked.pdf:was not deemed to be a matter of concern (for example, grooming or sexual). ./Gilland_Jordan_SoS_decision_Accessibility_Checked.pdf- ./Gilland_Jordan_SoS_decision_Accessibility_Checked.pdf-However, through his actions, professional boundaries, that he had a duty to maintain, ./Gilland_Jordan_SoS_decision_Accessibility_Checked.pdf-had become blurred. ./Gilland_Jordan_SoS_decision_Accessibility_Checked.pdf- ./Gilland_Jordan_SoS_decision_Accessibility_Checked.pdf-In particular, it was highly inappropriate to agree to maintain confidentiality in relation to ./Gilland_Jordan_SoS_decision_Accessibility_Checked.pdf-Pupil A's ongoing [REDACTED]. Mr Gilland was not necessarily suitably trained or ./Gilland_Jordan_SoS_decision_Accessibility_Checked.pdf-qualified to offer advice, receive information or otherwise address Pupil A's needs. His ./Gilland_Jordan_SoS_decision_Accessibility_Checked.pdf-actions risked undermining the wider efforts being taken, in [REDACTED] best interests, ./Gilland_Jordan_SoS_decision_Accessibility_Checked.pdf-by the School, [REDACTED] family and any other agencies involved. Mr Gilland's ./Gilland_Jordan_SoS_decision_Accessibility_Checked.pdf-behaviour also created a risk of dependency on the part of Pupil A. -- ./Gilland_Jordan_SoS_decision_Accessibility_Checked.pdf- of following proper safeguarding processes. He asserted that, should he return to ./Gilland_Jordan_SoS_decision_Accessibility_Checked.pdf- teaching, he would be mindful of the need to comply with safeguarding ./Gilland_Jordan_SoS_decision_Accessibility_Checked.pdf- requirements. ./Gilland_Jordan_SoS_decision_Accessibility_Checked.pdf- ./Gilland_Jordan_SoS_decision_Accessibility_Checked.pdf- • There was also an indication within the information provided during the School's ./Gilland_Jordan_SoS_decision_Accessibility_Checked.pdf- processes that Mr Gilland acknowledged the impact of his actions on Pupil A. ./Gilland_Jordan_SoS_decision_Accessibility_Checked.pdf- ./Gilland_Jordan_SoS_decision_Accessibility_Checked.pdf- • The panel was prepared to accept that Mr Gilland was only motivated by a desire ./Gilland_Jordan_SoS_decision_Accessibility_Checked.pdf- to help Pupil A. The panel has already made reference to the outcome of the ./Gilland_Jordan_SoS_decision_Accessibility_Checked.pdf- LADO referral, whereby there was no evidence of an intent going beyond that, for ./Gilland_Jordan_SoS_decision_Accessibility_Checked.pdf: example grooming or any other kind of sexual motivation. ./Gilland_Jordan_SoS_decision_Accessibility_Checked.pdf- ./Gilland_Jordan_SoS_decision_Accessibility_Checked.pdf- • Mr Gilland was not an experienced teacher at the time of these events. However, ./Gilland_Jordan_SoS_decision_Accessibility_Checked.pdf- that was counterbalanced by the fact that he ought to have known what was ./Gilland_Jordan_SoS_decision_Accessibility_Checked.pdf- expected of him and had been expressly put on notice of the School's ./Gilland_Jordan_SoS_decision_Accessibility_Checked.pdf- expectations and advised about his conduct. ./Gilland_Jordan_SoS_decision_Accessibility_Checked.pdf- ./Gilland_Jordan_SoS_decision_Accessibility_Checked.pdf-Weighed against these matters, the panel considered there were some aggravating ./Gilland_Jordan_SoS_decision_Accessibility_Checked.pdf-factors present, including: ./Gilland_Jordan_SoS_decision_Accessibility_Checked.pdf- ./Gilland_Jordan_SoS_decision_Accessibility_Checked.pdf- • Mr Gilland's actions amounted to a clear breach of the Teachers' Standards. ./Gillingham__James_-_web_decision.pdf- b. inviting her into his house ./Gillingham__James_-_web_decision.pdf- ./Gillingham__James_-_web_decision.pdf- c. engaging in inappropriate communications with Student X including; ./Gillingham__James_-_web_decision.pdf- ./Gillingham__James_-_web_decision.pdf- i. texting ./Gillingham__James_-_web_decision.pdf- ./Gillingham__James_-_web_decision.pdf- ii. sending Whatsapp messages ./Gillingham__James_-_web_decision.pdf- ./Gillingham__James_-_web_decision.pdf- iii. emailing from his personal email account ./Gillingham__James_-_web_decision.pdf- ./Gillingham__James_-_web_decision.pdf: 2. And in doing so at allegation 1 above his actions were sexually motivated; ./Gillingham__James_-_web_decision.pdf- ./Gillingham__James_-_web_decision.pdf- 3. Contacting Student X on 14 July 2014, in contravention of the terms of his ./Gillingham__James_-_web_decision.pdf- suspension, asking her to “just please say that we were just taking the mics back”, ./Gillingham__James_-_web_decision.pdf- which was false information; and ./Gillingham__James_-_web_decision.pdf- ./Gillingham__James_-_web_decision.pdf- 4. In so doing at allegation 3 above, his actions were dishonest in an attempt to ./Gillingham__James_-_web_decision.pdf- mislead the school’s investigations. ./Gillingham__James_-_web_decision.pdf- ./Gillingham__James_-_web_decision.pdf-Mr Gillingham has admitted the facts of the allegations and that they amount to ./Gillingham__James_-_web_decision.pdf-unacceptable professional conduct. -- ./Gillingham__James_-_web_decision.pdf-September 2014 (pages 61-62) that he had engaged in communications with students, ./Gillingham__James_-_web_decision.pdf-including Student X, using his personal email address and his personal mobile phone. Mr ./Gillingham__James_-_web_decision.pdf-Gillingham also admitted in his disciplinary hearing on 14 October 2014 that he had ./Gillingham__James_-_web_decision.pdf-inappropriate communication with a student using his personal mobile telephone and ./Gillingham__James_-_web_decision.pdf-email address. The panel also saw printouts of messages on Whatsapp (pages 53-54 of ./Gillingham__James_-_web_decision.pdf-the bundle) and had no reason to believe that these were not genuine. ./Gillingham__James_-_web_decision.pdf- ./Gillingham__James_-_web_decision.pdf-The panel was therefore satisfied that there was sufficient evidence to support Mr ./Gillingham__James_-_web_decision.pdf-Gillingham’s admission and it therefore found this allegation proven. ./Gillingham__James_-_web_decision.pdf- ./Gillingham__James_-_web_decision.pdf:2. In carrying out the conduct at allegation 1, his actions were sexually motivated ./Gillingham__James_-_web_decision.pdf- ./Gillingham__James_-_web_decision.pdf-The panel noted the following exchange between the police and Mr Gillingham in his ./Gillingham__James_-_web_decision.pdf-police interview on 18 September 2014 (page 63): ./Gillingham__James_-_web_decision.pdf- ./Gillingham__James_-_web_decision.pdf- “[police officer]: What were your intentions towards this pupil? ./Gillingham__James_-_web_decision.pdf- ./Gillingham__James_-_web_decision.pdf- ./Gillingham__James_-_web_decision.pdf- ./Gillingham__James_-_web_decision.pdf- 7 ./Gillingham__James_-_web_decision.pdf- -- ./Gillingham__James_-_web_decision.pdf- JG: I didn’t think about it. I was stupid. I was being weak. Someone was being ./Gillingham__James_-_web_decision.pdf- friendly and lovely. It was complete stupidity and I will regret it forever. It is ./Gillingham__James_-_web_decision.pdf- horrendous that it happened but I am not going to lie. I was weak, male and ./Gillingham__James_-_web_decision.pdf- flattered.” ./Gillingham__James_-_web_decision.pdf- ./Gillingham__James_-_web_decision.pdf-Further, the panel noted Mr Gillingham’s Whatsapp message that “it just hurts to think of ./Gillingham__James_-_web_decision.pdf-not seeing you xx”. ./Gillingham__James_-_web_decision.pdf- ./Gillingham__James_-_web_decision.pdf-In light of these comments, the panel was satisfied that Mr Gillingham’s state of mind in ./Gillingham__James_-_web_decision.pdf:engaging with Student X as found in allegation 1 was that he was sexually motivated. It ./Gillingham__James_-_web_decision.pdf:was evident that he viewed the contact as a potentially sexual relationship, so there could ./Gillingham__James_-_web_decision.pdf-have been no other motivation on his part. ./Gillingham__James_-_web_decision.pdf- ./Gillingham__James_-_web_decision.pdf-The panel was therefore satisfied that there was sufficient evidence to support Mr ./Gillingham__James_-_web_decision.pdf-Gillingham’s admission and it therefore found this allegation proven. ./Gillingham__James_-_web_decision.pdf- ./Gillingham__James_-_web_decision.pdf-3. Contacting Student X on 14 July 2014, in contravention of the terms of his ./Gillingham__James_-_web_decision.pdf-suspension, asking her to "just please say that we were just taking the mics back", ./Gillingham__James_-_web_decision.pdf-which was false information ./Gillingham__James_-_web_decision.pdf- ./Gillingham__James_-_web_decision.pdf-The panel saw the letter dated 14 July 2014 confirming Mr Gillingham’s suspension from -- ./Gillingham__James_-_web_decision.pdf- practices of the school in which they teach... ./Gillingham__James_-_web_decision.pdf-Whilst the panel noted that Student X was over the age of 18 at all relevant times, she ./Gillingham__James_-_web_decision.pdf-was nevertheless a pupil at the school and Mr Gillingham had been her teacher since ./Gillingham__James_-_web_decision.pdf-September 2011, when she would have been 16. In addition, Mr Gillingham had attended ./Gillingham__James_-_web_decision.pdf-staff training on child protection on 2 September 2013, signed the school’s code of ./Gillingham__James_-_web_decision.pdf-conduct on 5 September 2011 and the school’s acceptable use policy on 2 May 2013. ./Gillingham__James_-_web_decision.pdf-The panel also noted that he was the school professional tutor for student teachers, and ./Gillingham__James_-_web_decision.pdf-he would have been advising trainee teachers on professional standards. ./Gillingham__James_-_web_decision.pdf- ./Gillingham__James_-_web_decision.pdf-The panel was therefore satisfied that the conduct of Mr Gillingham fell significantly short ./Gillingham__James_-_web_decision.pdf:of the standards expected of the profession, particularly in light of the findings of sexual ./Gillingham__James_-_web_decision.pdf-motivation and dishonesty. ./Gillingham__James_-_web_decision.pdf- ./Gillingham__James_-_web_decision.pdf-The panel also considered whether Mr Gillingham’s conduct displayed behaviours ./Gillingham__James_-_web_decision.pdf-associated with any of the offences listed on pages 8 and 9 of the guidance. The panel ./Gillingham__James_-_web_decision.pdf:found that behaviours associated with offences relating to sexual activity were engaged, ./Gillingham__James_-_web_decision.pdf:given the finding of conduct involving hugging and kissing, which had been sexually ./Gillingham__James_-_web_decision.pdf-motivated. The panel noted that the guidance indicated that in such circumstances ./Gillingham__James_-_web_decision.pdf-panels were likely to conclude that an individual’s conduct would amount to unacceptable ./Gillingham__James_-_web_decision.pdf-professional conduct. The panel saw no reason to depart from this default position. ./Gillingham__James_-_web_decision.pdf- ./Gillingham__James_-_web_decision.pdf- ./Gillingham__James_-_web_decision.pdf- ./Gillingham__James_-_web_decision.pdf- ./Gillingham__James_-_web_decision.pdf- 9 ./Gillingham__James_-_web_decision.pdf- -- ./Gillingham__James_-_web_decision.pdf-proportionate measure, and whether it was in the public interest to do so. The panel was ./Gillingham__James_-_web_decision.pdf-mindful that prohibition orders should not be given in order to be punitive, or to show that ./Gillingham__James_-_web_decision.pdf-blame has been apportioned, although they were likely to have punitive effect. ./Gillingham__James_-_web_decision.pdf- ./Gillingham__James_-_web_decision.pdf-The panel considered the particular public interest considerations set out in the guidance ./Gillingham__James_-_web_decision.pdf-and found the following to be relevant: ./Gillingham__James_-_web_decision.pdf- ./Gillingham__James_-_web_decision.pdf-  the protection of pupils, ./Gillingham__James_-_web_decision.pdf-  the maintenance of public confidence in the profession, and ./Gillingham__James_-_web_decision.pdf-  declaring and upholding proper standards of conduct. ./Gillingham__James_-_web_decision.pdf:The panel’s findings against Mr Gillingham involved sexually motivated conduct towards ./Gillingham__James_-_web_decision.pdf-a pupil, which was compounded by dishonest action when his conduct was discovered. ./Gillingham__James_-_web_decision.pdf-This gave rise to significant public interest considerations regarding the protection of ./Gillingham__James_-_web_decision.pdf-pupils, to ensure that similar conduct did not happen. Similarly, the panel considered that ./Gillingham__James_-_web_decision.pdf-public confidence in the profession could be seriously weakened if conduct such as that ./Gillingham__James_-_web_decision.pdf-found against Mr Gillingham was not treated with the utmost seriousness when regulating ./Gillingham__James_-_web_decision.pdf-the conduct of the profession. Further, the panel considered that there was a strong ./Gillingham__James_-_web_decision.pdf-public interest consideration in declaring proper standards of conduct in the profession, ./Gillingham__James_-_web_decision.pdf-as the conduct found against Mr Gillingham was outside that which could reasonably be ./Gillingham__James_-_web_decision.pdf-tolerated. ./Gillingham__James_-_web_decision.pdf- -- ./Gillingham__James_-_web_decision.pdf-  serious departure from the personal and professional conduct elements of the ./Gillingham__James_-_web_decision.pdf- Teachers’ Standards ./Gillingham__James_-_web_decision.pdf-  abuse of position or trust (particularly involving vulnerable pupils) or violation of the ./Gillingham__James_-_web_decision.pdf- rights of pupils ./Gillingham__James_-_web_decision.pdf-  dishonesty especially where there have been serious consequences, and/or it has ./Gillingham__James_-_web_decision.pdf- been repeated and/or covered up; and ./Gillingham__James_-_web_decision.pdf:  sexual misconduct, eg involving actions that were sexually motivated or of a ./Gillingham__James_-_web_decision.pdf: sexual nature and/or that use or exploit the trust, knowledge or influence derived ./Gillingham__James_-_web_decision.pdf- from the individual’s professional position. ./Gillingham__James_-_web_decision.pdf-Even though there were behaviours that pointed to a prohibition order being appropriate, ./Gillingham__James_-_web_decision.pdf-the panel went on to consider whether or not there were sufficient mitigating factors to ./Gillingham__James_-_web_decision.pdf-militate against a prohibition order being an appropriate and proportionate measure to ./Gillingham__James_-_web_decision.pdf-impose, particularly taking into account the nature and severity of the behaviour in this ./Gillingham__James_-_web_decision.pdf-case. The panel took into consideration Mr Gillingham’s statement of mitigating factors ./Gillingham__James_-_web_decision.pdf-(page 139). The panel noted that the statement was expressed to have been made with ./Gillingham__James_-_web_decision.pdf-sincerity and contrition. ./Gillingham__James_-_web_decision.pdf- ./Gillingham__James_-_web_decision.pdf-However, the panel was not convinced by this statement. The panel was of the view that -- ./Gillingham__James_-_web_decision.pdf-The panel noted that the guidance indicated that it should consider recommending that ./Gillingham__James_-_web_decision.pdf:no provision for set aside is to be made in cases involving serious sexual misconduct, eg, ./Gillingham__James_-_web_decision.pdf:where the act was sexually motivated and resulted in, or had the potential to result in, ./Gillingham__James_-_web_decision.pdf-harm to a person, particularly where the individual had used their professional position to ./Gillingham__James_-_web_decision.pdf-influence or exploit a person. ./Gillingham__James_-_web_decision.pdf- ./Gillingham__James_-_web_decision.pdf:Whilst the panel was of the view that the sexual misconduct itself (allegations 1 and 2) ./Gillingham__James_-_web_decision.pdf-was at the lower end of the spectrum of seriousness, his wrongdoing had been ./Gillingham__James_-_web_decision.pdf-compounded by Mr Gillingham’s subsequent dishonesty. Immediately upon being told not ./Gillingham__James_-_web_decision.pdf-to contact anyone about his suspension, he emailed Student X asking her to lie about ./Gillingham__James_-_web_decision.pdf-their interactions. His behaviour had the real potential to result in harm to Student X. ./Gillingham__James_-_web_decision.pdf- ./Gillingham__James_-_web_decision.pdf-The panel was further concerned that Mr Gillingham was an experienced teacher, and in ./Gillingham__James_-_web_decision.pdf-a position where he was the school’s professional tutor for student teachers, and he ./Gillingham__James_-_web_decision.pdf-would have been involved in advising trainee teachers on professional standards. ./Gillingham__James_-_web_decision.pdf-Nevertheless, he put himself in a position of risk by accepting lifts from Student X. ./Gillingham__James_-_web_decision.pdf-Moreover, the evidence before the panel indicated that he had looked to create other -- ./Gillingham__James_-_web_decision.pdf-The panel felt its findings therefore indicated a situation in which a review period would ./Gillingham__James_-_web_decision.pdf-not be appropriate and as such decided that it would be proportionate in all the ./Gillingham__James_-_web_decision.pdf-circumstances for the prohibition order to be recommended without provisions for a ./Gillingham__James_-_web_decision.pdf-review period. ./Gillingham__James_-_web_decision.pdf- ./Gillingham__James_-_web_decision.pdf- ./Gillingham__James_-_web_decision.pdf-Decision and reasons on behalf of the Secretary of State ./Gillingham__James_-_web_decision.pdf-I have given very careful consideration to this case and to the recommendations made by ./Gillingham__James_-_web_decision.pdf-the panel both in respect of sanction and review. ./Gillingham__James_-_web_decision.pdf- ./Gillingham__James_-_web_decision.pdf:This is a case in which the panel has found Mr Gillingham guilty of both sexual ./Gillingham__James_-_web_decision.pdf-misconduct and of dishonesty in relation to that conduct. ./Gillingham__James_-_web_decision.pdf- ./Gillingham__James_-_web_decision.pdf-The panel has found that Mr Gillingham’s behaviour involved breaches of the Teachers’ ./Gillingham__James_-_web_decision.pdf-Standards, in particular the following: ./Gillingham__James_-_web_decision.pdf- ./Gillingham__James_-_web_decision.pdf-  Teachers uphold public trust in the profession and maintain high standards of ./Gillingham__James_-_web_decision.pdf- ethics and behaviour, within and outside school, by: ./Gillingham__James_-_web_decision.pdf- o treating pupils with dignity, building relationships rooted in mutual respect, ./Gillingham__James_-_web_decision.pdf- and at all times observing proper boundaries appropriate to a teacher’s ./Gillingham__James_-_web_decision.pdf- professional position; -- ./Gillingham__James_-_web_decision.pdf- o having regard for the need to safeguard pupils’ well-being, in accordance ./Gillingham__James_-_web_decision.pdf- with statutory provisions; ./Gillingham__James_-_web_decision.pdf-  Teachers must have proper and professional regard for the ethos, policies and ./Gillingham__James_-_web_decision.pdf- practices of the school in which they teach... ./Gillingham__James_-_web_decision.pdf:I have also noted that although the panel found that the sexual misconduct itself ./Gillingham__James_-_web_decision.pdf-(allegations 1 and 2) was at the lower end of the spectrum of seriousness, the ./Gillingham__James_-_web_decision.pdf-wrongdoing was compounded by Mr Gillingham’s subsequent dishonesty. Immediately ./Gillingham__James_-_web_decision.pdf-upon being told not to contact anyone about his suspension, he emailed Student X ./Gillingham__James_-_web_decision.pdf-asking her to lie about their interactions. His behaviour had the real potential to result in ./Gillingham__James_-_web_decision.pdf-harm to Student X. ./Gillingham__James_-_web_decision.pdf- ./Gillingham__James_-_web_decision.pdf-I have taken into account the need to balance Mr Gillingham’s interests with the wider ./Gillingham__James_-_web_decision.pdf-public interests. I have also taken into account the need to be proportionate. I have read ./Gillingham__James_-_web_decision.pdf-the guidance published by the Secretary of State concerning prohibition. ./Gillingham__James_-_web_decision.pdf- ./Glazebrook_Web_Decision.pdf-B. Allegations ./Glazebrook_Web_Decision.pdf-The panel considered the allegations set out in the Notice of Meeting dated 9 May 2018. ./Glazebrook_Web_Decision.pdf- ./Glazebrook_Web_Decision.pdf-It was alleged that Mr James Edward Glazebrook was guilty of unacceptable professional ./Glazebrook_Web_Decision.pdf-conduct and/or conduct that may bring the profession into disrepute in that: ./Glazebrook_Web_Decision.pdf- ./Glazebrook_Web_Decision.pdf- 1. On one or more occasions between December 2015 and February 2016, he ./Glazebrook_Web_Decision.pdf- viewed one or more indecent images and/or videos of one or more children. ./Glazebrook_Web_Decision.pdf- ./Glazebrook_Web_Decision.pdf: 2. His conduct at 1 above, if proven, was conduct of a sexual nature and/or was ./Glazebrook_Web_Decision.pdf: sexually motivated. ./Glazebrook_Web_Decision.pdf- ./Glazebrook_Web_Decision.pdf-In a Statement of Agreed Facts signed by Mr Glazebrook on 11 April 2018, he ./Glazebrook_Web_Decision.pdf-unequivocally admitted the allegations and that these amounted to unacceptable ./Glazebrook_Web_Decision.pdf-professional conduct and conduct that may bring the profession into disrepute. ./Glazebrook_Web_Decision.pdf- ./Glazebrook_Web_Decision.pdf- ./Glazebrook_Web_Decision.pdf-C. Summary of evidence ./Glazebrook_Web_Decision.pdf-Documents ./Glazebrook_Web_Decision.pdf-In advance of the meeting, the panel received a bundle of documents which included: ./Glazebrook_Web_Decision.pdf- -- ./Glazebrook_Web_Decision.pdf- ./Glazebrook_Web_Decision.pdf-The TRA agreed to a request from Mr Glazebrook that the allegations be considered ./Glazebrook_Web_Decision.pdf-without a hearing. The panel had the ability to direct that the case be considered at a ./Glazebrook_Web_Decision.pdf-hearing if required in the interests of justice or in the public interest. The panel did not ./Glazebrook_Web_Decision.pdf-determine that such a direction was necessary or appropriate in this case. ./Glazebrook_Web_Decision.pdf- ./Glazebrook_Web_Decision.pdf-Mr Glazebrook had been employed at Castle Donnington College (“the College”) since ./Glazebrook_Web_Decision.pdf-26 August 2015 as a teacher in the position of Head of Computing. In September 2017, ./Glazebrook_Web_Decision.pdf-Mr Glazebrook was arrested in respect of his private internet usage at his home, which ./Glazebrook_Web_Decision.pdf-had been intercepted by the police. This usage included his viewing of indecent images, ./Glazebrook_Web_Decision.pdf:streaming of images and sexualised electronic chats relating to boys aged 12 to 16. ./Glazebrook_Web_Decision.pdf- ./Glazebrook_Web_Decision.pdf-As a result of his arrest, Mr Glazebrook was suspended from the College on 21 ./Glazebrook_Web_Decision.pdf-September 2017 and subsequently resigned on 13 October 2017. No criminal ./Glazebrook_Web_Decision.pdf-proceedings were brought against Mr Glazebrook in respect of his internet use. ./Glazebrook_Web_Decision.pdf- ./Glazebrook_Web_Decision.pdf- ./Glazebrook_Web_Decision.pdf- ./Glazebrook_Web_Decision.pdf-Findings of fact ./Glazebrook_Web_Decision.pdf-Our findings of fact are as follows: ./Glazebrook_Web_Decision.pdf- ./Glazebrook_Web_Decision.pdf-The panel found the following particulars of the allegations against you proved, for these ./Glazebrook_Web_Decision.pdf-reasons: ./Glazebrook_Web_Decision.pdf- ./Glazebrook_Web_Decision.pdf- 1. On one or more occasions between December 2015 and February 2016, you ./Glazebrook_Web_Decision.pdf- viewed one or more indecent images and/or videos of one or more children. ./Glazebrook_Web_Decision.pdf- ./Glazebrook_Web_Decision.pdf: 2. Your conduct at 1 above, if proven, was conduct of a sexual nature and/or ./Glazebrook_Web_Decision.pdf: was sexually motivated. ./Glazebrook_Web_Decision.pdf- ./Glazebrook_Web_Decision.pdf-The panel noted that both of these allegations had been unequivocally admitted by Mr ./Glazebrook_Web_Decision.pdf-Glazebrook in the Statement of Agreed Facts. ./Glazebrook_Web_Decision.pdf- ./Glazebrook_Web_Decision.pdf-In addition, the panel also noted the documents within the bundle, notably the synopsis ./Glazebrook_Web_Decision.pdf-from the Position of Trust Meeting of an interview between DC Taylor and Mr Glazebrook ./Glazebrook_Web_Decision.pdf-in which Mr Glazebrook was reported to have admitted using a chatroom that involved ./Glazebrook_Web_Decision.pdf:the live streaming of child sexual abuse and viewing indecent images. ./Glazebrook_Web_Decision.pdf- ./Glazebrook_Web_Decision.pdf-In light of the consistent unequivocal admissions from Mr Glazebrook, with particular ./Glazebrook_Web_Decision.pdf-weight given to the Statement of Agreed Facts, the panel found both charges proved. ./Glazebrook_Web_Decision.pdf- ./Glazebrook_Web_Decision.pdf- ./Glazebrook_Web_Decision.pdf- ./Glazebrook_Web_Decision.pdf- ./Glazebrook_Web_Decision.pdf- 5 ./Glazebrook_Web_Decision.pdf- -- ./Glazebrook_Web_Decision.pdf-found that the offence of any activity involving viewing, taking, making, possessing, ./Glazebrook_Web_Decision.pdf-distributing or publishing any indecent photograph or image or pseudo photograph or ./Glazebrook_Web_Decision.pdf-image of a child, or permitting any such activity, including one off incidents, was relevant ./Glazebrook_Web_Decision.pdf-in relation to this case. ./Glazebrook_Web_Decision.pdf- ./Glazebrook_Web_Decision.pdf-The Advice indicates that where behaviours associated with such an offence exist, a ./Glazebrook_Web_Decision.pdf-panel is likely to conclude that an individual’s conduct would amount to unacceptable ./Glazebrook_Web_Decision.pdf-professional conduct. ./Glazebrook_Web_Decision.pdf- ./Glazebrook_Web_Decision.pdf-Whilst the panel noted that these allegations took place outside of the education setting, ./Glazebrook_Web_Decision.pdf:these were proven allegations by a teacher involving his viewing of the sexual abuse of ./Glazebrook_Web_Decision.pdf-children. It is inconceivable for these actions not to be taken into account when ./Glazebrook_Web_Decision.pdf-considering Mr Glazebrook's profession. ./Glazebrook_Web_Decision.pdf- ./Glazebrook_Web_Decision.pdf-Accordingly, for all the reasons above, the panel was satisfied that Mr Glazebrook's ./Glazebrook_Web_Decision.pdf-actions amounted to unacceptable professional conduct. ./Glazebrook_Web_Decision.pdf- ./Glazebrook_Web_Decision.pdf-The panel took into account the way the teaching profession is viewed by others and ./Glazebrook_Web_Decision.pdf-considered the influence that teachers may have on pupils, parents and others in the ./Glazebrook_Web_Decision.pdf-community. The panel took account of the uniquely influential role that teachers can hold ./Glazebrook_Web_Decision.pdf-in pupils’ lives and that pupils must be able to view teachers as role models in the way -- ./Glazebrook_Web_Decision.pdf-The panel considered the particular public interest considerations set out in the Advice ./Glazebrook_Web_Decision.pdf-and having done so found a number of them to be relevant in this case, namely: ./Glazebrook_Web_Decision.pdf- ./Glazebrook_Web_Decision.pdf-  the protection of pupils and other members of the public; ./Glazebrook_Web_Decision.pdf- ./Glazebrook_Web_Decision.pdf-  the maintenance of public confidence in the profession; ./Glazebrook_Web_Decision.pdf- ./Glazebrook_Web_Decision.pdf-  declaring and upholding proper standards of conduct. ./Glazebrook_Web_Decision.pdf- ./Glazebrook_Web_Decision.pdf-In light of the panel’s findings against Mr Glazebrook, which involved his viewing on the ./Glazebrook_Web_Decision.pdf:internet of images and video-streams of child sexual abuse, there is clearly a strong ./Glazebrook_Web_Decision.pdf-public interest consideration in respect of the protection of pupils and other members of ./Glazebrook_Web_Decision.pdf-the public. ./Glazebrook_Web_Decision.pdf- ./Glazebrook_Web_Decision.pdf-The panel considered that public confidence in the profession could be seriously ./Glazebrook_Web_Decision.pdf-weakened if conduct such as that found against Mr Glazebrook were not treated with the ./Glazebrook_Web_Decision.pdf-utmost seriousness when regulating the conduct of the profession. Similarly, the panel ./Glazebrook_Web_Decision.pdf-considered that a strong public interest consideration in declaring proper standards of ./Glazebrook_Web_Decision.pdf-conduct in the profession was present as the conduct found against Mr Glazebrook was ./Glazebrook_Web_Decision.pdf-outside that which could reasonably be tolerated. ./Glazebrook_Web_Decision.pdf- -- ./Glazebrook_Web_Decision.pdf- ./Glazebrook_Web_Decision.pdf-In carrying out the balancing exercise the panel considered the public interest ./Glazebrook_Web_Decision.pdf-considerations both in favour of and against prohibition as well as the interests of Mr ./Glazebrook_Web_Decision.pdf-Glazebrook. The panel took further account of the Advice, which suggests that a ./Glazebrook_Web_Decision.pdf-prohibition order may be appropriate if certain behaviours of a teacher have been proven. ./Glazebrook_Web_Decision.pdf-In the list of such behaviours, those that are relevant in this case are: ./Glazebrook_Web_Decision.pdf- ./Glazebrook_Web_Decision.pdf-  serious departure from the personal and professional conduct elements of the ./Glazebrook_Web_Decision.pdf- Teachers’ Standards; ./Glazebrook_Web_Decision.pdf-  a deep-seated attitude that leads to harmful behaviour; ./Glazebrook_Web_Decision.pdf:  sexual misconduct; ./Glazebrook_Web_Decision.pdf-  any activity involving viewing, taking, making, possessing, distributing or ./Glazebrook_Web_Decision.pdf- publishing any indecent photograph or image or pseudo photograph or image of a ./Glazebrook_Web_Decision.pdf- child, or permitting such activity, including one-off incidents. ./Glazebrook_Web_Decision.pdf-Even though there were behaviours that would point to the appropriateness of a ./Glazebrook_Web_Decision.pdf-prohibition order, the panel went on to consider whether or not there were sufficient ./Glazebrook_Web_Decision.pdf-mitigating factors to militate against the appropriateness and proportionality of a ./Glazebrook_Web_Decision.pdf-prohibition order, particularly taking into account the nature and severity of the behaviour ./Glazebrook_Web_Decision.pdf-in this case. ./Glazebrook_Web_Decision.pdf- ./Glazebrook_Web_Decision.pdf-In light of the panel’s findings, there was no evidence that Mr Glazebrook’s actions were -- ./Glazebrook_Web_Decision.pdf:Glazebrook. His viewing of sexual abuse involving children was a significant factor in ./Glazebrook_Web_Decision.pdf-forming that opinion. Accordingly, the panel makes a recommendation to the Secretary of ./Glazebrook_Web_Decision.pdf-State that a prohibition order should be imposed with immediate effect. ./Glazebrook_Web_Decision.pdf- ./Glazebrook_Web_Decision.pdf-The panel went on to consider whether or not it would be appropriate to recommend that ./Glazebrook_Web_Decision.pdf-a review period of the order should be considered. The panel was mindful that the Advice ./Glazebrook_Web_Decision.pdf-states that a prohibition order applies for life, but there may be circumstances in any ./Glazebrook_Web_Decision.pdf-given case that may make it appropriate to allow a teacher to apply to have the ./Glazebrook_Web_Decision.pdf-prohibition order reviewed after a specified period of time that may not be less than 2 ./Glazebrook_Web_Decision.pdf-years. ./Glazebrook_Web_Decision.pdf- ./Glazebrook_Web_Decision.pdf-The Advice states that there are behaviours that, if proven, would militate against the ./Glazebrook_Web_Decision.pdf-recommendation of a review period. One of these behaviours is any activity involving ./Glazebrook_Web_Decision.pdf-viewing, taking, making, possessing, distributing or publishing any indecent photograph ./Glazebrook_Web_Decision.pdf-or image or pseudo photograph or image of a child. ./Glazebrook_Web_Decision.pdf- ./Glazebrook_Web_Decision.pdf-The panel found that Mr Glazebrook was responsible for the viewing, via the internet, of ./Glazebrook_Web_Decision.pdf:sexual abuse of children over a period of several months. Whilst Mr Glazebrook did admit ./Glazebrook_Web_Decision.pdf-the allegations at an early stage and some remorse has been indicated by him, which ./Glazebrook_Web_Decision.pdf-may indicate some insight into his actions, the panel saw no evidence of any other efforts ./Glazebrook_Web_Decision.pdf-of remediation. ./Glazebrook_Web_Decision.pdf- ./Glazebrook_Web_Decision.pdf-The panel felt the findings indicated a situation in which a review period would not be ./Glazebrook_Web_Decision.pdf-appropriate and as such decided that it would be proportionate in all the circumstances ./Glazebrook_Web_Decision.pdf-for the prohibition order to be recommended without provision for a review period. ./Glazebrook_Web_Decision.pdf- ./Glazebrook_Web_Decision.pdf- ./Glazebrook_Web_Decision.pdf-Decision and reasons on behalf of the Secretary of State -- ./Glazebrook_Web_Decision.pdf-I have also asked myself whether or not a less intrusive measure, such as the published ./Glazebrook_Web_Decision.pdf-finding of unacceptable professional conduct and conduct that may bring the profession ./Glazebrook_Web_Decision.pdf-into disrepute, would itself be sufficient to achieve the overall aim. I have to consider ./Glazebrook_Web_Decision.pdf-whether the consequences of such a publication are themselves sufficient. I have ./Glazebrook_Web_Decision.pdf-considered therefore whether or not prohibiting Mr Glazebrook, and the impact that will ./Glazebrook_Web_Decision.pdf-have on him, is proportionate. ./Glazebrook_Web_Decision.pdf- ./Glazebrook_Web_Decision.pdf-In this case I have considered the extent to which a prohibition order would protect ./Glazebrook_Web_Decision.pdf-children. The panel has observed “that these allegations took place outside of the ./Glazebrook_Web_Decision.pdf-education setting, these were proven allegations by a teacher involving his viewing of the ./Glazebrook_Web_Decision.pdf:sexual abuse of children. It is inconceivable for these actions not to be taken into account ./Glazebrook_Web_Decision.pdf-when considering Mr Glazebrook's profession.” ./Glazebrook_Web_Decision.pdf- ./Glazebrook_Web_Decision.pdf-A prohibition order would therefore prevent such a risk from being present in the future. I ./Glazebrook_Web_Decision.pdf-have also taken into account the panel’s comments on insight and remorse which the ./Glazebrook_Web_Decision.pdf-panel sets out as follows, “Whilst Mr Glazebrook did admit the allegations at an early ./Glazebrook_Web_Decision.pdf-stage and some remorse has been indicated by him, which may indicate some insight ./Glazebrook_Web_Decision.pdf-into his actions, the panel saw no evidence of any other efforts of remediation.” ./Glazebrook_Web_Decision.pdf- ./Glazebrook_Web_Decision.pdf-In my judgement the lack of full insight means that there is some risk of the repetition of ./Glazebrook_Web_Decision.pdf-this behaviour and this risks the future well being of children. I have therefore given this -- ./Glazebrook_Web_Decision.pdf-I am particularly mindful of the finding of viewing indecent images of children and ./Glazebrook_Web_Decision.pdf:sexually motivated misconduct in this case and the impact that such a finding has on the ./Glazebrook_Web_Decision.pdf-reputation of the profession. ./Glazebrook_Web_Decision.pdf- ./Glazebrook_Web_Decision.pdf-I have had to consider that the public has a high expectation of professional standards of ./Glazebrook_Web_Decision.pdf-all teachers and that failure to impose a prohibition order might be regarded by the public ./Glazebrook_Web_Decision.pdf-as a failure to uphold those high standards. In weighing these considerations I have had ./Glazebrook_Web_Decision.pdf-to consider the matter from the point of view of an “ordinary intelligent and well-informed ./Glazebrook_Web_Decision.pdf-citizen.” ./Glazebrook_Web_Decision.pdf- ./Glazebrook_Web_Decision.pdf-I have considered whether the publication of a finding of unacceptable professional ./Glazebrook_Web_Decision.pdf-conduct, in the absence of a prohibition order, can itself be regarded by such a person as -- ./Glazebrook_Web_Decision.pdf-was an "excellent teacher…and allows students to progress rapidly" (page 54). ./Glazebrook_Web_Decision.pdf-Nevertheless, as this comment was made in 2015 for Mr Glazebrook's job application for ./Glazebrook_Web_Decision.pdf-his position at the College, rather than in readiness for the TRA hearing, the panel gave ./Glazebrook_Web_Decision.pdf-this only minimal weight.” ./Glazebrook_Web_Decision.pdf- ./Glazebrook_Web_Decision.pdf-A prohibition order would prevent Mr Glazebrook from teaching and would also clearly ./Glazebrook_Web_Decision.pdf-deprive the public of his contribution to the profession for the period that it is in force. ./Glazebrook_Web_Decision.pdf- ./Glazebrook_Web_Decision.pdf-In this case I have placed considerable weight on the panel’s comments concerning the ./Glazebrook_Web_Decision.pdf-behaviours found proven. The panel has said, “ Mr Glazebrook was responsible for the ./Glazebrook_Web_Decision.pdf:viewing, via the internet, of sexual abuse of children over a period of several months.” ./Glazebrook_Web_Decision.pdf- ./Glazebrook_Web_Decision.pdf-I have given less weight in my consideration of sanction therefore, to the contribution that ./Glazebrook_Web_Decision.pdf-Mr Glazebrook has made to the profession. In my view it is necessary to impose a ./Glazebrook_Web_Decision.pdf-prohibition order in order to maintain public confidence in the profession. A published ./Glazebrook_Web_Decision.pdf-decision that is not backed up by full remorse or insight does not in my view satisfy the ./Glazebrook_Web_Decision.pdf-public interest requirement concerning public confidence in the profession. ./Glazebrook_Web_Decision.pdf- ./Glazebrook_Web_Decision.pdf-For these reasons I have concluded that a prohibition order is proportionate and in the ./Glazebrook_Web_Decision.pdf-public interest in order to achieve the aims which a prohibition order is intended to ./Glazebrook_Web_Decision.pdf-achieve. ./Godbehere_Aaron_SoS_Decision_for_Web.pdf- iv. Failed to take appropriate action when he became aware that ./Godbehere_Aaron_SoS_Decision_for_Web.pdf- Student A sent him a contact request on Snapchat ./Godbehere_Aaron_SoS_Decision_for_Web.pdf- ./Godbehere_Aaron_SoS_Decision_for_Web.pdf- v. Sent one or more Snapchat messages to Student A ./Godbehere_Aaron_SoS_Decision_for_Web.pdf- ./Godbehere_Aaron_SoS_Decision_for_Web.pdf- vi. Engaged in private conversations with Student A of a personal ./Godbehere_Aaron_SoS_Decision_for_Web.pdf: and / or sexual nature ./Godbehere_Aaron_SoS_Decision_for_Web.pdf- ./Godbehere_Aaron_SoS_Decision_for_Web.pdf- vii. Removed Student A from a lesson to engage in private ./Godbehere_Aaron_SoS_Decision_for_Web.pdf- conversation ./Godbehere_Aaron_SoS_Decision_for_Web.pdf- ./Godbehere_Aaron_SoS_Decision_for_Web.pdf- viii. Failed to appropriately escalate a Safeguarding concern in ./Godbehere_Aaron_SoS_Decision_for_Web.pdf: relation to Student A’s sexual behaviour to an appropriate ./Godbehere_Aaron_SoS_Decision_for_Web.pdf- individual ./Godbehere_Aaron_SoS_Decision_for_Web.pdf- ./Godbehere_Aaron_SoS_Decision_for_Web.pdf- b. Failed to maintain proper professional boundaries in that in respect of ./Godbehere_Aaron_SoS_Decision_for_Web.pdf- one or more students, including but not limited to Students B and C, ./Godbehere_Aaron_SoS_Decision_for_Web.pdf- he: ./Godbehere_Aaron_SoS_Decision_for_Web.pdf- ./Godbehere_Aaron_SoS_Decision_for_Web.pdf- i. Failed to take appropriate action when he became aware that ./Godbehere_Aaron_SoS_Decision_for_Web.pdf- the student(s) were following him on Twitter ./Godbehere_Aaron_SoS_Decision_for_Web.pdf- ./Godbehere_Aaron_SoS_Decision_for_Web.pdf- ii. Failed to take appropriate action when student(s) sent ./Godbehere_Aaron_SoS_Decision_for_Web.pdf- message(s) to him on Twitter ./Godbehere_Aaron_SoS_Decision_for_Web.pdf- ./Godbehere_Aaron_SoS_Decision_for_Web.pdf- iii. Responded to student(s) messages on Twitter ./Godbehere_Aaron_SoS_Decision_for_Web.pdf- ./Godbehere_Aaron_SoS_Decision_for_Web.pdf- c. Received a birthday card from a group of female students which ./Godbehere_Aaron_SoS_Decision_for_Web.pdf: contained sexual references and he failed to report this to the ./Godbehere_Aaron_SoS_Decision_for_Web.pdf- appropriate staff at the School ./Godbehere_Aaron_SoS_Decision_for_Web.pdf- ./Godbehere_Aaron_SoS_Decision_for_Web.pdf- d. Inappropriately disclosed a management discussion to one or more ./Godbehere_Aaron_SoS_Decision_for_Web.pdf- female students ./Godbehere_Aaron_SoS_Decision_for_Web.pdf- ./Godbehere_Aaron_SoS_Decision_for_Web.pdf- e. Displayed favouritism towards certain female students by giving them ./Godbehere_Aaron_SoS_Decision_for_Web.pdf- disproportionate amounts of house points ./Godbehere_Aaron_SoS_Decision_for_Web.pdf- ./Godbehere_Aaron_SoS_Decision_for_Web.pdf: 4. His conduct set out at 1 and / or 2 and / or 3 above was sexually motivated ./Godbehere_Aaron_SoS_Decision_for_Web.pdf- ./Godbehere_Aaron_SoS_Decision_for_Web.pdf- ./Godbehere_Aaron_SoS_Decision_for_Web.pdf- ./Godbehere_Aaron_SoS_Decision_for_Web.pdf-Although not present at the commencement of the hearing Mr Godbehere, through his ./Godbehere_Aaron_SoS_Decision_for_Web.pdf-legal representative, admitted the following allegations: 2.c; 3.a.i; 3.a.ii; 3.a.vii; 3.b.i. He ./Godbehere_Aaron_SoS_Decision_for_Web.pdf-denied allegations 1; 2.a; 2.b; 3.d; 3.e; and 4. ./Godbehere_Aaron_SoS_Decision_for_Web.pdf- ./Godbehere_Aaron_SoS_Decision_for_Web.pdf-In respect to those allegations which were admitted by Mr Godbehere, he also admitted ./Godbehere_Aaron_SoS_Decision_for_Web.pdf-that these amounted to unacceptable professional conduct. ./Godbehere_Aaron_SoS_Decision_for_Web.pdf- -- ./Godbehere_Aaron_SoS_Decision_for_Web.pdf-so that there is no accountability as to the exchange of messages. Student A describes in ./Godbehere_Aaron_SoS_Decision_for_Web.pdf-her evidence how messages were exchanged outside of school hours and were ./Godbehere_Aaron_SoS_Decision_for_Web.pdf-conversational in nature. The panel is satisfied that the use of social media in this way by ./Godbehere_Aaron_SoS_Decision_for_Web.pdf-Mr Godbehere was a serious failure to maintain professional boundaries and further ./Godbehere_Aaron_SoS_Decision_for_Web.pdf-evidences the inappropriate relationship he adopted toward Student A. ./Godbehere_Aaron_SoS_Decision_for_Web.pdf- ./Godbehere_Aaron_SoS_Decision_for_Web.pdf- vi. Engaged in private conversations with Student A of a personal ./Godbehere_Aaron_SoS_Decision_for_Web.pdf: and / or sexual nature ./Godbehere_Aaron_SoS_Decision_for_Web.pdf- ./Godbehere_Aaron_SoS_Decision_for_Web.pdf-This allegation was not formally admitted by the teacher, but was conceded by his ./Godbehere_Aaron_SoS_Decision_for_Web.pdf-representative as being not possible to resist. The context in which the admitted private ./Godbehere_Aaron_SoS_Decision_for_Web.pdf-conversation took place, detailed at allegation 3.a.vii. relates to an exchange between ./Godbehere_Aaron_SoS_Decision_for_Web.pdf-Student A and Mr Godbehere after he had overheard her talking to her friends in the ./Godbehere_Aaron_SoS_Decision_for_Web.pdf:corridor about her having had sex with a former boyfriend. ./Godbehere_Aaron_SoS_Decision_for_Web.pdf- ./Godbehere_Aaron_SoS_Decision_for_Web.pdf-The panel is satisfied that the conversation which subsequently took place between ./Godbehere_Aaron_SoS_Decision_for_Web.pdf-Student A and Mr Godbehere in a classroom, without any other staff member or pupil ./Godbehere_Aaron_SoS_Decision_for_Web.pdf:present, was of a private and / or sexual nature, and accepts Student A’s evidence that ./Godbehere_Aaron_SoS_Decision_for_Web.pdf-this made her feel uncomfortable. The panel is also satisfied that it was not appropriate ./Godbehere_Aaron_SoS_Decision_for_Web.pdf-for Mr Godbehere to engage in such a conversation and that if he had pastoral concerns ./Godbehere_Aaron_SoS_Decision_for_Web.pdf-in respect to Student A he should have referred these to the appropriate staff member. ./Godbehere_Aaron_SoS_Decision_for_Web.pdf- ./Godbehere_Aaron_SoS_Decision_for_Web.pdf- vii. Removed Student A from a lesson to engage in private ./Godbehere_Aaron_SoS_Decision_for_Web.pdf- conversation ./Godbehere_Aaron_SoS_Decision_for_Web.pdf- ./Godbehere_Aaron_SoS_Decision_for_Web.pdf-This allegation was admitted by the teacher, and the nature of the conversation which ./Godbehere_Aaron_SoS_Decision_for_Web.pdf-took place has been described at allegation 3.a.vi. The panel is further concerned that ./Godbehere_Aaron_SoS_Decision_for_Web.pdf-the actions of Mr Godbehere, in facilitating Student A’s removal from a lesson, tended ./Godbehere_Aaron_SoS_Decision_for_Web.pdf-towards her feeling preferred or favoured by him. Student A described how she was ./Godbehere_Aaron_SoS_Decision_for_Web.pdf-shocked when a teacher in another class received a phone call from Mr Godbehere ./Godbehere_Aaron_SoS_Decision_for_Web.pdf-requesting to see Student A and that she “couldn’t believe he had done it” by getting her ./Godbehere_Aaron_SoS_Decision_for_Web.pdf-out of her class. ./Godbehere_Aaron_SoS_Decision_for_Web.pdf- ./Godbehere_Aaron_SoS_Decision_for_Web.pdf- viii. Failed to appropriately escalate a Safeguarding concern in ./Godbehere_Aaron_SoS_Decision_for_Web.pdf: relation to Student A’s sexual behaviour to an appropriate ./Godbehere_Aaron_SoS_Decision_for_Web.pdf- individual, ./Godbehere_Aaron_SoS_Decision_for_Web.pdf- ./Godbehere_Aaron_SoS_Decision_for_Web.pdf-This allegation was not formally admitted by the teacher, but was conceded by his ./Godbehere_Aaron_SoS_Decision_for_Web.pdf-representative as being not possible to resist. The panel heard evidence from Individual ./Godbehere_Aaron_SoS_Decision_for_Web.pdf-A, head teacher of the King Ecgbert School, as to how concerns in relation to Mr ./Godbehere_Aaron_SoS_Decision_for_Web.pdf-Godbehere’s relationship toward Student A first came to light, and how at no stage had ./Godbehere_Aaron_SoS_Decision_for_Web.pdf-Mr Godbehere sought to escalate the safeguarding disclosure being made by Student A. ./Godbehere_Aaron_SoS_Decision_for_Web.pdf-This is in spite of Student A’s own recognition, as a pupil, that the information she ./Godbehere_Aaron_SoS_Decision_for_Web.pdf-confided in Mr Godbehere would have been escalated to the school’s LADO by any other ./Godbehere_Aaron_SoS_Decision_for_Web.pdf-teacher. -- ./Godbehere_Aaron_SoS_Decision_for_Web.pdf-profile. ./Godbehere_Aaron_SoS_Decision_for_Web.pdf- ./Godbehere_Aaron_SoS_Decision_for_Web.pdf- iii. Responded to student(s) messages on Twitter ./Godbehere_Aaron_SoS_Decision_for_Web.pdf- ./Godbehere_Aaron_SoS_Decision_for_Web.pdf-This allegation was not formally admitted by the teacher, but was conceded by his ./Godbehere_Aaron_SoS_Decision_for_Web.pdf-representative as being not possible to resist. For the same reasons as set out at ./Godbehere_Aaron_SoS_Decision_for_Web.pdf-allegation 3.a.iii. the panel finds it inappropriate for a teacher to engage with students ./Godbehere_Aaron_SoS_Decision_for_Web.pdf-from a personal Twitter account and in breach of the school’s code of conduct. ./Godbehere_Aaron_SoS_Decision_for_Web.pdf- ./Godbehere_Aaron_SoS_Decision_for_Web.pdf- c. Received a birthday card from a group of female students which ./Godbehere_Aaron_SoS_Decision_for_Web.pdf: contained sexual references and you failed to report this to the ./Godbehere_Aaron_SoS_Decision_for_Web.pdf- appropriate staff at the School ./Godbehere_Aaron_SoS_Decision_for_Web.pdf- ./Godbehere_Aaron_SoS_Decision_for_Web.pdf-This allegation was admitted by the teacher, who describes how he received a card from ./Godbehere_Aaron_SoS_Decision_for_Web.pdf-a group of female students which contained a doodle of a penis on it. Whilst the panel ./Godbehere_Aaron_SoS_Decision_for_Web.pdf-does not criticise a teacher for receiving a card with an inappropriate reference, the panel ./Godbehere_Aaron_SoS_Decision_for_Web.pdf-is satisfied this demonstrates the informal attitude adopted by Mr Godbehere towards ./Godbehere_Aaron_SoS_Decision_for_Web.pdf-students. The failure to report this to appropriate staff is indicative of an attitude that ./Godbehere_Aaron_SoS_Decision_for_Web.pdf-allowed informal relationships to develop between him as a teacher and pupils. In ./Godbehere_Aaron_SoS_Decision_for_Web.pdf- ./Godbehere_Aaron_SoS_Decision_for_Web.pdf- -- ./Godbehere_Aaron_SoS_Decision_for_Web.pdf-made to other teachers of the same cohort of pupils. It has not been possible for the ./Godbehere_Aaron_SoS_Decision_for_Web.pdf-panel to be satisfied that favouritism has been demonstrated. ./Godbehere_Aaron_SoS_Decision_for_Web.pdf- ./Godbehere_Aaron_SoS_Decision_for_Web.pdf- ./Godbehere_Aaron_SoS_Decision_for_Web.pdf- ./Godbehere_Aaron_SoS_Decision_for_Web.pdf- ./Godbehere_Aaron_SoS_Decision_for_Web.pdf: 4. Your conduct set out at 1 and / or 2 and / or 3 above was sexually motivated ./Godbehere_Aaron_SoS_Decision_for_Web.pdf- ./Godbehere_Aaron_SoS_Decision_for_Web.pdf-In respect to only those allegations which have been found proven at allegations 2.c. and ./Godbehere_Aaron_SoS_Decision_for_Web.pdf-3.a-d. the panel went on to consider first whether, in the context of the allegations as they ./Godbehere_Aaron_SoS_Decision_for_Web.pdf:arose, each allegation was objectively capable of being seen as sexually motivated. ./Godbehere_Aaron_SoS_Decision_for_Web.pdf- ./Godbehere_Aaron_SoS_Decision_for_Web.pdf:The panel notes that in respect to allegations 3.a.vii and 3.c. only have sexual references ./Godbehere_Aaron_SoS_Decision_for_Web.pdf-been made, and that is in the context of a discussion with a pupil about a safeguarding ./Godbehere_Aaron_SoS_Decision_for_Web.pdf-disclosure, and a birthday card with an inappropriate drawing in it done by a student. The ./Godbehere_Aaron_SoS_Decision_for_Web.pdf-panel is not satisfied, on the balance of probabilities, that Mr Godbehere’s conduct was ./Godbehere_Aaron_SoS_Decision_for_Web.pdf:sexually motivated and therefore this allegation is not proven. ./Godbehere_Aaron_SoS_Decision_for_Web.pdf- ./Godbehere_Aaron_SoS_Decision_for_Web.pdf-Findings as to unacceptable professional conduct ./Godbehere_Aaron_SoS_Decision_for_Web.pdf-Having found a number of the allegations to have been proven, the panel has gone on to ./Godbehere_Aaron_SoS_Decision_for_Web.pdf-consider whether the facts of those proven allegations amount to unacceptable ./Godbehere_Aaron_SoS_Decision_for_Web.pdf-professional conduct and/or conduct that may bring the profession into disrepute. In ./Godbehere_Aaron_SoS_Decision_for_Web.pdf-doing so, the panel has had regard to the document Teacher Misconduct: The Prohibition ./Godbehere_Aaron_SoS_Decision_for_Web.pdf-of Teachers, which the panel refers to as “the Advice”. ./Godbehere_Aaron_SoS_Decision_for_Web.pdf- ./Godbehere_Aaron_SoS_Decision_for_Web.pdf-The panel is satisfied that the conduct of Mr Godbehere in relation to the facts found ./Godbehere_Aaron_SoS_Decision_for_Web.pdf-proven, involved breaches of the Teachers’ Standards. The panel considers that by -- ./Godbehere_Aaron_SoS_Decision_for_Web.pdf- ./Godbehere_Aaron_SoS_Decision_for_Web.pdf- ./Godbehere_Aaron_SoS_Decision_for_Web.pdf- ./Godbehere_Aaron_SoS_Decision_for_Web.pdf-Decision and reasons on behalf of the Secretary of State ./Godbehere_Aaron_SoS_Decision_for_Web.pdf-I have given very careful consideration to this case and to the recommendations made by ./Godbehere_Aaron_SoS_Decision_for_Web.pdf-the panel in respect of both sanction and review period. ./Godbehere_Aaron_SoS_Decision_for_Web.pdf- ./Godbehere_Aaron_SoS_Decision_for_Web.pdf-In this case the panel has found some of the allegations proved and others not proved. I ./Godbehere_Aaron_SoS_Decision_for_Web.pdf-have been particularly careful to put from my mind those allegations that the panel has ./Godbehere_Aaron_SoS_Decision_for_Web.pdf-not found proven. I have noted in particular that the panel is not satisfied, on the balance ./Godbehere_Aaron_SoS_Decision_for_Web.pdf:of probabilities, that Mr Godbehere’s conduct was sexually motivated. ./Godbehere_Aaron_SoS_Decision_for_Web.pdf- ./Godbehere_Aaron_SoS_Decision_for_Web.pdf-Nonetheless the panel has found that those allegations where the facts were proven that ./Godbehere_Aaron_SoS_Decision_for_Web.pdf-Mr Godbehere’s conduct did amount to unacceptable professional conduct. ./Godbehere_Aaron_SoS_Decision_for_Web.pdf- ./Godbehere_Aaron_SoS_Decision_for_Web.pdf-I have noted that the panel is satisfied that the conduct of Mr Godbehere in relation to the ./Godbehere_Aaron_SoS_Decision_for_Web.pdf-facts found proven, involved breaches of the Teachers’ Standards. Mr Godbehere is in ./Godbehere_Aaron_SoS_Decision_for_Web.pdf-breach of the following standards: ./Godbehere_Aaron_SoS_Decision_for_Web.pdf- ./Godbehere_Aaron_SoS_Decision_for_Web.pdf-  teachers uphold public trust in the profession and maintain high standards of ./Godbehere_Aaron_SoS_Decision_for_Web.pdf- ethics and behaviour, within and outside school, by ./Grant__Jessica_Mary_web_decision_4_Aug_2015.pdf-have permitted pupils to play with her hair. ./Grant__Jessica_Mary_web_decision_4_Aug_2015.pdf- ./Grant__Jessica_Mary_web_decision_4_Aug_2015.pdf-Miss Grant admits doing these things and says that her motivation was entirely innocent ./Grant__Jessica_Mary_web_decision_4_Aug_2015.pdf-although she now understands that it was inappropriate. It is suggested by Miss Grant ./Grant__Jessica_Mary_web_decision_4_Aug_2015.pdf-that videoing pupils on personal mobile phones; having informal physical contact with ./Grant__Jessica_Mary_web_decision_4_Aug_2015.pdf-pupils; and allowing pupils to play with teachers’ hair, was commonplace in the school ./Grant__Jessica_Mary_web_decision_4_Aug_2015.pdf-and known by all members of staff to occur such that, at the time of these events, it was ./Grant__Jessica_Mary_web_decision_4_Aug_2015.pdf-regarded as acceptable. The teacher says in retrospect that her behaviour was ./Grant__Jessica_Mary_web_decision_4_Aug_2015.pdf-misguided and naive. ./Grant__Jessica_Mary_web_decision_4_Aug_2015.pdf- ./Grant__Jessica_Mary_web_decision_4_Aug_2015.pdf:It is not alleged by the National College that her conduct was sexually motivated but the ./Grant__Jessica_Mary_web_decision_4_Aug_2015.pdf-National College do submit that there was a serious breach of professional boundaries in ./Grant__Jessica_Mary_web_decision_4_Aug_2015.pdf-this case which Pupil A’s mother claims had a significant and upsetting impact on his ./Grant__Jessica_Mary_web_decision_4_Aug_2015.pdf-emotional stability. ./Grant__Jessica_Mary_web_decision_4_Aug_2015.pdf- ./Grant__Jessica_Mary_web_decision_4_Aug_2015.pdf- ./Grant__Jessica_Mary_web_decision_4_Aug_2015.pdf- ./Grant__Jessica_Mary_web_decision_4_Aug_2015.pdf- ./Grant__Jessica_Mary_web_decision_4_Aug_2015.pdf- 6 ./Grant__Jessica_Mary_web_decision_4_Aug_2015.pdf- -- ./Grant__Jessica_Mary_web_decision_4_Aug_2015.pdf-consequence abused her position of trust towards Pupil A. We note that in the written ./Grant__Jessica_Mary_web_decision_4_Aug_2015.pdf-account made by Pupil A’s mother, after Miss Grant left the school during the ./Grant__Jessica_Mary_web_decision_4_Aug_2015.pdf-investigation into her conduct, Pupil A “lost confidence, he was confused and ./Grant__Jessica_Mary_web_decision_4_Aug_2015.pdf-withdrawn”. She goes on to say it was “alarming and upsetting”. In her evidence to the ./Grant__Jessica_Mary_web_decision_4_Aug_2015.pdf-hearing Miss Grant said that she accepted that her actions could have exacerbated any ./Grant__Jessica_Mary_web_decision_4_Aug_2015.pdf-anxieties Pupil A had. ./Grant__Jessica_Mary_web_decision_4_Aug_2015.pdf- ./Grant__Jessica_Mary_web_decision_4_Aug_2015.pdf-We recognise that the National College’s case is put only on the basis that there was a ./Grant__Jessica_Mary_web_decision_4_Aug_2015.pdf-failure to observe professional boundaries both in relation to the making of the videos ./Grant__Jessica_Mary_web_decision_4_Aug_2015.pdf-and, especially, the sharing of them with others outside the school community. However ./Grant__Jessica_Mary_web_decision_4_Aug_2015.pdf:there is no suggestion or evidence of any malice or sexual motivation. Nonetheless we ./Grant__Jessica_Mary_web_decision_4_Aug_2015.pdf-judge that Miss Grant’s conduct in making inappropriate videos (“Love”, “The Book”, “The ./Grant__Jessica_Mary_web_decision_4_Aug_2015.pdf-PE Video”) and sharing all the videos with persons outside the school community is ./Grant__Jessica_Mary_web_decision_4_Aug_2015.pdf-misconduct of a serious nature falling significantly short of the standards of behaviour ./Grant__Jessica_Mary_web_decision_4_Aug_2015.pdf-expected of a member of the profession and, thus, unacceptable professional conduct. ./Grant__Jessica_Mary_web_decision_4_Aug_2015.pdf- ./Grant__Jessica_Mary_web_decision_4_Aug_2015.pdf-The presenting officer told us that if we should find unacceptable professional conduct ./Grant__Jessica_Mary_web_decision_4_Aug_2015.pdf-made out he would not seek a formal determination on the issue of whether Miss Grant’s ./Grant__Jessica_Mary_web_decision_4_Aug_2015.pdf-actions also constitute conduct that may bring the profession into disrepute. However, in ./Grant__Jessica_Mary_web_decision_4_Aug_2015.pdf-the interests of clarity we do, in fact, judge that the teacher’s delivery, by email, of videos ./Grant__Jessica_Mary_web_decision_4_Aug_2015.pdf-made with a young pupil to others who had no connection or involvement with the school -- ./Grant__Jessica_Mary_web_decision_4_Aug_2015.pdf-been highlighted by the panel as the most serious consequence of Miss Grant’s ./Grant__Jessica_Mary_web_decision_4_Aug_2015.pdf-behaviour. ./Grant__Jessica_Mary_web_decision_4_Aug_2015.pdf- ./Grant__Jessica_Mary_web_decision_4_Aug_2015.pdf-The panel has set out very clearly a wide range of mitigations and are very clear that ./Grant__Jessica_Mary_web_decision_4_Aug_2015.pdf:Miss Grant’s behaviour was in no way sexually motivated. Importantly, Miss Grant has ./Grant__Jessica_Mary_web_decision_4_Aug_2015.pdf-candidly accepted that they do not excuse what she did. ./Grant__Jessica_Mary_web_decision_4_Aug_2015.pdf- ./Grant__Jessica_Mary_web_decision_4_Aug_2015.pdf-In considering whether prohibition would be an appropriate and proportionate sanction ./Grant__Jessica_Mary_web_decision_4_Aug_2015.pdf-the panel has been mindful that the purpose of the sanction is not to be punitive albeit it ./Grant__Jessica_Mary_web_decision_4_Aug_2015.pdf-may have a punitive affect. Miss Grant has accepted her failure to implement any training ./Grant__Jessica_Mary_web_decision_4_Aug_2015.pdf-she had previously received or to use common sense. However the panel is satisfied that ./Grant__Jessica_Mary_web_decision_4_Aug_2015.pdf-she is truly remorseful and has learnt a very hard lesson. Miss Grant has reflected on her ./Grant__Jessica_Mary_web_decision_4_Aug_2015.pdf-behaviour and the panel is satisfied that there is no appreciable risk of her repeating this ./Grant__Jessica_Mary_web_decision_4_Aug_2015.pdf-sort of irresponsible conduct in the future. ./Grant__Jessica_Mary_web_decision_4_Aug_2015.pdf- ./Gratze_R_14843_Web_decision.pdf- a. On one or more occasions in or around the academic years 2007- 2009, while ./Gratze_R_14843_Web_decision.pdf- on a Duke of Edinburgh Award trip, gave her alcohol; ./Gratze_R_14843_Web_decision.pdf- ./Gratze_R_14843_Web_decision.pdf- b. In or around June 2009 sent her a text saying "we'd be great together, I wish ./Gratze_R_14843_Web_decision.pdf- things could be different" or words to that effect. ./Gratze_R_14843_Web_decision.pdf- ./Gratze_R_14843_Web_decision.pdf- 2. In relation to Witness A whilst she was at the Academy on work experience and/or ./Gratze_R_14843_Web_decision.pdf- working as a young adult volunteer at the Academy: ./Gratze_R_14843_Web_decision.pdf- ./Gratze_R_14843_Web_decision.pdf- a. On a date or dates unknown in 2013, while in charge of around 55 pupils on ./Gratze_R_14843_Web_decision.pdf: an Academy camping expedition, he, on one or more occasions, had sexual ./Gratze_R_14843_Web_decision.pdf: intercourse and/or engaged in sexual activity with Witness A; ./Gratze_R_14843_Web_decision.pdf- ./Gratze_R_14843_Web_decision.pdf: b. On a date or dates unknown in 2013, he had sexual intercourse and/or ./Gratze_R_14843_Web_decision.pdf: engaged in sexual activity on the Academy premises, during the school day, ./Gratze_R_14843_Web_decision.pdf- while pupils were onsite, on one or more occasions. ./Gratze_R_14843_Web_decision.pdf- ./Gratze_R_14843_Web_decision.pdf: 3. His actions as set out in paragraph 2.a. and /or 2.b. above were sexually ./Gratze_R_14843_Web_decision.pdf- motivated. ./Gratze_R_14843_Web_decision.pdf- ./Gratze_R_14843_Web_decision.pdf-Mr Gratze did not admit the facts alleges in paragraphs 1.a. and 1.b. or 2.b. He admitted ./Gratze_R_14843_Web_decision.pdf-the facts of the allegation in 2.a. He also admitted allegation 3, to the extent that this ./Gratze_R_14843_Web_decision.pdf-relates to the admitted conduct in paragraph 2.a. ./Gratze_R_14843_Web_decision.pdf- ./Gratze_R_14843_Web_decision.pdf-Mr Gratze also admitted that his conduct in allegations 2.a. and 3 amounts to ./Gratze_R_14843_Web_decision.pdf-unacceptable professional conduct and conduct that may bring the profession into ./Gratze_R_14843_Web_decision.pdf-disrepute. ./Gratze_R_14843_Web_decision.pdf- -- ./Gratze_R_14843_Web_decision.pdf-assist with a Year 7 residential camping trip and she agreed. This trip was to Epping ./Gratze_R_14843_Web_decision.pdf-Forest and took place in June 2013. The trip was made up of approximately 55 to 60 ./Gratze_R_14843_Web_decision.pdf-pupils every day. Six or seven members of staff came on a rotational basis, but Mr ./Gratze_R_14843_Web_decision.pdf-Gratze, Witness A and one other member of staff remained on the site for the whole ./Gratze_R_14843_Web_decision.pdf-period. ./Gratze_R_14843_Web_decision.pdf- ./Gratze_R_14843_Web_decision.pdf-On 1 June 2015, Witness A reported to the Academy that, when she had been a pupil in ./Gratze_R_14843_Web_decision.pdf-Years 10 and 11, she and Mr Gratze had struck up a friendship when they went on Duke ./Gratze_R_14843_Web_decision.pdf-of Edinburgh Award expeditions. Further, that on some of those occasions, Mr Gratze ./Gratze_R_14843_Web_decision.pdf-had given her alcohol. Witness A also reported that when she had come back to the ./Gratze_R_14843_Web_decision.pdf:school for work experience in June 2013, she and Mr Gratze had sexual intercourse ./Gratze_R_14843_Web_decision.pdf-when she was helping with the Year 7 camping trip and on the Academy's premises on ./Gratze_R_14843_Web_decision.pdf-return from that trip. Mr Gratze was suspended when an investigation was undertaken. ./Gratze_R_14843_Web_decision.pdf-During the course of the investigation, Mr Gratze admitted that he and Witness A had ./Gratze_R_14843_Web_decision.pdf:consensual sexual intercourse when they were on the Year 7 camping trip, but could not ./Gratze_R_14843_Web_decision.pdf:recall whether sexual intercourse had taken place on school premises. Mr Gratze denied ./Gratze_R_14843_Web_decision.pdf-that he had given alcohol to Witness A when she had been a pupil at the Academy. ./Gratze_R_14843_Web_decision.pdf- ./Gratze_R_14843_Web_decision.pdf-Findings of fact ./Gratze_R_14843_Web_decision.pdf-The panel's findings of fact are as follows: ./Gratze_R_14843_Web_decision.pdf- ./Gratze_R_14843_Web_decision.pdf-You failed to maintain appropriate professional boundaries and/or appropriate ./Gratze_R_14843_Web_decision.pdf-professional standards whilst working as a teacher at the Academy in that: ./Gratze_R_14843_Web_decision.pdf- ./Gratze_R_14843_Web_decision.pdf- 1. In relation to Witness A in 2009 whilst she was a [redacted] pupil at the ./Gratze_R_14843_Web_decision.pdf- Academy you: -- ./Gratze_R_14843_Web_decision.pdf-Gratze's denial that such a text was sent, the panel could not be satisfied on the balance ./Gratze_R_14843_Web_decision.pdf-of probabilities that a text message containing the wording in the allegation was sent. ./Gratze_R_14843_Web_decision.pdf- ./Gratze_R_14843_Web_decision.pdf-The panel finds the facts alleged in 1.b. not proved. ./Gratze_R_14843_Web_decision.pdf- ./Gratze_R_14843_Web_decision.pdf- 2. In relation to Witness A whilst she was at the Academy on work experience ./Gratze_R_14843_Web_decision.pdf- and/or working as a young adult volunteer at the Academy: ./Gratze_R_14843_Web_decision.pdf- ./Gratze_R_14843_Web_decision.pdf- a. On a date or dates unknown in 2013, while in charge of around 55 pupils ./Gratze_R_14843_Web_decision.pdf- on an Academy camping expedition, you, on one or more occasions, had ./Gratze_R_14843_Web_decision.pdf: sexual intercourse and/or engaged in sexual activity with Witness A; ./Gratze_R_14843_Web_decision.pdf- ./Gratze_R_14843_Web_decision.pdf-Witness A alleges that when she attended the Year 7 residential camping trip in 2013, on ./Gratze_R_14843_Web_decision.pdf-the first evening she was sitting at the campsite with Mr Gratze when the pupils were ./Gratze_R_14843_Web_decision.pdf:sleeping. Witness A said that Mr Gratze said, "I really want to have sex with you," or ./Gratze_R_14843_Web_decision.pdf:words to that effect. Witness A said that she and Mr Gratze then had consensual sexual ./Gratze_R_14843_Web_decision.pdf-intercourse in a wooded area not far from the pupils' tents. Witness A gave evidence that ./Gratze_R_14843_Web_decision.pdf:there were two further occasions when they had sexual intercourse at the campsite. One ./Gratze_R_14843_Web_decision.pdf-of these was in the shower room and the other was inside the school minibus, which was ./Gratze_R_14843_Web_decision.pdf-parked on the field that they were camping on. ./Gratze_R_14843_Web_decision.pdf- ./Gratze_R_14843_Web_decision.pdf:Mr Gratze admits that sexual intercourse with Witness A took place in the wooded area ./Gratze_R_14843_Web_decision.pdf:and subsequently in the shower room. However, Mr Gratze denies that sexual ./Gratze_R_14843_Web_decision.pdf-intercourse took place inside the minibus. ./Gratze_R_14843_Web_decision.pdf- ./Gratze_R_14843_Web_decision.pdf-In relation to the alleged incident on the minibus, Mr Gratze stated that the minibus was ./Gratze_R_14843_Web_decision.pdf-parked near the centre of the campsite and that other members of staff of other pupils ./Gratze_R_14843_Web_decision.pdf-would have seen if the incident had happened during the day. Witness A's account of the ./Gratze_R_14843_Web_decision.pdf-incident inside the minibus is that this occurred during the day when other members of ./Gratze_R_14843_Web_decision.pdf-staff had left the campsite area with all but one of the pupils to undertake their walking ./Gratze_R_14843_Web_decision.pdf-expedition. Witness A said that a pupil that remained at the campsite had complained of ./Gratze_R_14843_Web_decision.pdf-sunstroke and was sleeping. Witness A said that Mr Gratze had the keys to the minibus ./Gratze_R_14843_Web_decision.pdf:and that they had sexual intercourse inside the minibus when other staff members were ./Gratze_R_14843_Web_decision.pdf-away. ./Gratze_R_14843_Web_decision.pdf- ./Gratze_R_14843_Web_decision.pdf-The panel preferred Witness A's account to that of Mr Gratze. The panel found Witness ./Gratze_R_14843_Web_decision.pdf-A's account of this particular incident to be clear and credible, particularly in the context ./Gratze_R_14843_Web_decision.pdf:of the other instances of sexual intercourse that Mr Gratze admits took place during that ./Gratze_R_14843_Web_decision.pdf:trip. The panel was satisfied that it is more likely than not that sexual intercourse took ./Gratze_R_14843_Web_decision.pdf-place in the minibus, in addition to the two other locations which Mr Gratze admits. ./Gratze_R_14843_Web_decision.pdf- ./Gratze_R_14843_Web_decision.pdf-The panel finds allegation 2.a. proved on that basis. ./Gratze_R_14843_Web_decision.pdf- ./Gratze_R_14843_Web_decision.pdf- ./Gratze_R_14843_Web_decision.pdf- ./Gratze_R_14843_Web_decision.pdf- ./Gratze_R_14843_Web_decision.pdf- 9 ./Gratze_R_14843_Web_decision.pdf- -- ./Gratze_R_14843_Web_decision.pdf: b. On a date or dates unknown in 2013, you had sexual intercourse and/or ./Gratze_R_14843_Web_decision.pdf: engaged in sexual activity on the Academy premises, during the school ./Gratze_R_14843_Web_decision.pdf- day, while pupils were onsite, on one or more occasions. ./Gratze_R_14843_Web_decision.pdf- ./Gratze_R_14843_Web_decision.pdf-Witness A alleges that after the Year 7 camping trip ended, she was required to stay on ./Gratze_R_14843_Web_decision.pdf-at the Academy for a further two days to help tidy up and put the equipment away. ./Gratze_R_14843_Web_decision.pdf-Witness A said that the Duke of Edinburgh Award equipment was kept in a building that ./Gratze_R_14843_Web_decision.pdf-used to contain the lower gym but it was no longer used as a gym. Witness A said that ./Gratze_R_14843_Web_decision.pdf:she and Mr Gratze had sexual intercourse in this building twice in the gym and in the ./Gratze_R_14843_Web_decision.pdf-room with the cages containing equipment. Witness A said that this took place on the ./Gratze_R_14843_Web_decision.pdf-same day during the school day whilst staff and pupils were on site, although no staff or ./Gratze_R_14843_Web_decision.pdf-pupils came into the building at that time. ./Gratze_R_14843_Web_decision.pdf- ./Gratze_R_14843_Web_decision.pdf-Witness A said that there was another occasion at the end of the school day when she ./Gratze_R_14843_Web_decision.pdf-and Mr Gratze were in the technology/gym block. She said that this was not in use at the ./Gratze_R_14843_Web_decision.pdf-time, but that Mr Gratze had access to it as he was a technology teacher. Witness A said ./Gratze_R_14843_Web_decision.pdf:that she was asked by Mr Gratze to perform oral sex on him. ./Gratze_R_14843_Web_decision.pdf- ./Gratze_R_14843_Web_decision.pdf-Mr Gratze denies this allegation. In his written and oral evidence to the panel, Mr Gratze ./Gratze_R_14843_Web_decision.pdf-said that the building in which the lower gym was located was still in use at the time and ./Gratze_R_14843_Web_decision.pdf-that the gym was frequently used by the inclusion team as a place to take their students ./Gratze_R_14843_Web_decision.pdf-to do sports. Mr Gratze also said that it was well known as an area that pupils would go ./Gratze_R_14843_Web_decision.pdf-when truanting lessons and that members of the SLT would be doing rounds to pick them ./Gratze_R_14843_Web_decision.pdf:up. He added that, if he and Witness A had engaged in sexual intercourse in that building ./Gratze_R_14843_Web_decision.pdf-it was highly likely that they would have been caught. Mr Gratze also said that the ./Gratze_R_14843_Web_decision.pdf-technology block was structurally unsound and that nobody used that area. ./Gratze_R_14843_Web_decision.pdf- ./Gratze_R_14843_Web_decision.pdf-The panel noted that, when interviewed as part of the Academy's investigation on 23 ./Gratze_R_14843_Web_decision.pdf:June 2015, after admitting that sexual intercourse had taken place with Witness A on the ./Gratze_R_14843_Web_decision.pdf:Year 7 camping trip, he was asked if he had sex on the Academy premises with Witness ./Gratze_R_14843_Web_decision.pdf-A. Mr Gratze responded, ‘Not that I recall’. In a subsequent interview on 2 July 2015, Mr ./Gratze_R_14843_Web_decision.pdf:Gratze was again asked whether he had sex in the gym and in the caged area. Mr ./Gratze_R_14843_Web_decision.pdf-Gratze's response was to say, ‘I have thought about this. It is definitely a possibility, given ./Gratze_R_14843_Web_decision.pdf-the context of the relationship at the time, but I don’t recall it.’ When asked if he was ./Gratze_R_14843_Web_decision.pdf:saying that it was possible that sex had taken place on the Academy premises, Mr ./Gratze_R_14843_Web_decision.pdf:Gratze replied, ‘I cannot recall but it could have happened.’ When asked about sexual ./Gratze_R_14843_Web_decision.pdf-acts in the old technology block, Mr Gratze said, ‘I thought that the block had been closed ./Gratze_R_14843_Web_decision.pdf-at that time. I don't think so.’ ./Gratze_R_14843_Web_decision.pdf- ./Gratze_R_14843_Web_decision.pdf-The panel has carefully considered Mr Gratze's explanation that he was unclear about ./Gratze_R_14843_Web_decision.pdf-the position at the time of the interviews and that this was due to the stress that he was ./Gratze_R_14843_Web_decision.pdf-under at the time and how the questioning was delivered. The panel has also considered ./Gratze_R_14843_Web_decision.pdf-Mr Gratze's evidence about his poor health at the time. However, the panel is of the view ./Gratze_R_14843_Web_decision.pdf-that, even allowing for these factors, it was implausible that Mr Gratze would be able to ./Gratze_R_14843_Web_decision.pdf:clearly recall the sexual intercourse that took place around the same time on the school ./Gratze_R_14843_Web_decision.pdf- ./Gratze_R_14843_Web_decision.pdf- 10 ./Gratze_R_14843_Web_decision.pdf- -- ./Gratze_R_14843_Web_decision.pdf:trip, but was unable to recall, at the time of his interviews, whether sex had taken place ./Gratze_R_14843_Web_decision.pdf-on the Academy premises. It was also implausible that Mr Gratze would now have a ./Gratze_R_14843_Web_decision.pdf-better memory compared with that which he had in 2013. ./Gratze_R_14843_Web_decision.pdf- ./Gratze_R_14843_Web_decision.pdf-Furthermore, the panel regarded Witness A as an honest witness and preferred her ./Gratze_R_14843_Web_decision.pdf-account to that of Mr Gratze. The panel is satisfied that it is more likely than not that ./Gratze_R_14843_Web_decision.pdf:sexual intercourse took place in the Academy ./Gratze_R_14843_Web_decision.pdf- ./Gratze_R_14843_Web_decision.pdf-The panel finds allegation 2.b. proved on that basis. ./Gratze_R_14843_Web_decision.pdf- ./Gratze_R_14843_Web_decision.pdf: 3. Your actions as set out in paragraph 2.a. and/or 2.b. above were sexually ./Gratze_R_14843_Web_decision.pdf- motivated. ./Gratze_R_14843_Web_decision.pdf- ./Gratze_R_14843_Web_decision.pdf-Having found the facts alleged in paragraphs 2.a. and 2.b. proved, the panel has ./Gratze_R_14843_Web_decision.pdf:considered whether Mr Gratze's actions in engaging in consensual sexual intercourse ./Gratze_R_14843_Web_decision.pdf:with Witness A were sexually motivated. Mr Gratze admits that his actions in paragraph ./Gratze_R_14843_Web_decision.pdf:2.a. were sexually motivated. The panel is satisfied that his actions in paragraphs 2.a. ./Gratze_R_14843_Web_decision.pdf:and 2.b. were for the purpose of sexual gratification and, therefore were sexually ./Gratze_R_14843_Web_decision.pdf-motivated. ./Gratze_R_14843_Web_decision.pdf- ./Gratze_R_14843_Web_decision.pdf-Accordingly, the facts of paragraph 3 are proved in relation to the actions in both ./Gratze_R_14843_Web_decision.pdf-paragraphs 2.a. and 2.b. ./Gratze_R_14843_Web_decision.pdf- ./Gratze_R_14843_Web_decision.pdf-The panel is keen to point out that, although referred to as a pupil in this hearing, Witness ./Gratze_R_14843_Web_decision.pdf-A was a 20 year old adult at the time of allegations 2.a. and 2.b. Having found allegations ./Gratze_R_14843_Web_decision.pdf-1.a. and 1.b. not proved the panel concluded that there is no significance in the fact that ./Gratze_R_14843_Web_decision.pdf-Witness A was a former student at the Academy, despite referring to her as a pupil for ./Gratze_R_14843_Web_decision.pdf-the purpose of preserving her anonymity during these proceedings. Additionally, Witness ./Gratze_R_14843_Web_decision.pdf:A confirmed to the panel that the sex had been consensual. The panel is satisfied that Mr ./Gratze_R_14843_Web_decision.pdf-Gratze did not use or exploit the trust, knowledge or influence derived from his ./Gratze_R_14843_Web_decision.pdf-professional position in this context. ./Gratze_R_14843_Web_decision.pdf- ./Gratze_R_14843_Web_decision.pdf-Findings as to unacceptable professional conduct and/or conduct that ./Gratze_R_14843_Web_decision.pdf-may bring the profession into disrepute ./Gratze_R_14843_Web_decision.pdf-Having found the facts of allegations 2.a. and 2.b. and 3 to have been proven, the panel ./Gratze_R_14843_Web_decision.pdf-has gone on to consider whether the facts of those proven allegations amount to ./Gratze_R_14843_Web_decision.pdf-unacceptable professional conduct and/or conduct that may bring the profession into ./Gratze_R_14843_Web_decision.pdf-disrepute. ./Gratze_R_14843_Web_decision.pdf- -- ./Gratze_R_14843_Web_decision.pdf- o having regard for the need to safeguard pupils’ well-being, in accordance with ./Gratze_R_14843_Web_decision.pdf- statutory provisions; ./Gratze_R_14843_Web_decision.pdf-  Teachers must have proper and professional regard for the ethos, policies and ./Gratze_R_14843_Web_decision.pdf- practices of the school in which they teach, and maintain high standards in their ./Gratze_R_14843_Web_decision.pdf- own attendance and punctuality. ./Gratze_R_14843_Web_decision.pdf-  Teachers must have an understanding of, and always act within, the statutory ./Gratze_R_14843_Web_decision.pdf- frameworks which set out their professional duties and responsibilities. ./Gratze_R_14843_Web_decision.pdf-Although Witness A was not a pupil and there were no safeguarding issues in relation to ./Gratze_R_14843_Web_decision.pdf-Mr Gratze's conduct towards her, there nevertheless remains a potential safeguarding ./Gratze_R_14843_Web_decision.pdf-concern in relation to students on the trip and in the Academy. The risk of discovery ./Gratze_R_14843_Web_decision.pdf:whilst having sexual intercourse in the proximity of students and whilst being responsible ./Gratze_R_14843_Web_decision.pdf-for their well-being, is a safeguarding concern. Additionally, the panel was concerned that ./Gratze_R_14843_Web_decision.pdf:taking time out to engage in sexual intercourse on a number of occasions meant that Mr ./Gratze_R_14843_Web_decision.pdf-Gratze was not undertaking the duties expected of a trip leader or teacher in school. ./Gratze_R_14843_Web_decision.pdf- ./Gratze_R_14843_Web_decision.pdf-The panel has also considered whether Mr Gratze's conduct displayed behaviours ./Gratze_R_14843_Web_decision.pdf-associated with any of the offences listed on pages 8 and 9 of the Advice and the panel ./Gratze_R_14843_Web_decision.pdf-has found that none of these offences are relevant. ./Gratze_R_14843_Web_decision.pdf- ./Gratze_R_14843_Web_decision.pdf-The panel is satisfied that the conduct of Mr Gratze was serious misconduct which fell ./Gratze_R_14843_Web_decision.pdf-significantly short of the standards expected of the profession. ./Gratze_R_14843_Web_decision.pdf- ./Gratze_R_14843_Web_decision.pdf-Accordingly, the panel is satisfied that Mr Gratze is guilty of unacceptable professional -- ./Gratze_R_14843_Web_decision.pdf-are likely to have punitive effect. ./Gratze_R_14843_Web_decision.pdf- ./Gratze_R_14843_Web_decision.pdf-The panel has considered the particular public interest considerations set out in the ./Gratze_R_14843_Web_decision.pdf-Advice namely: the protection of pupils; the maintenance of public confidence in the ./Gratze_R_14843_Web_decision.pdf-profession; and declaring and upholding proper standards of conduct. The panel also ./Gratze_R_14843_Web_decision.pdf-acknowledged that there is a public interest in a teacher who is able to make a valuable ./Gratze_R_14843_Web_decision.pdf-contribution to the profession being able to continue in that profession. ./Gratze_R_14843_Web_decision.pdf- ./Gratze_R_14843_Web_decision.pdf-There is a public interest consideration in respect of the protection of pupils given the ./Gratze_R_14843_Web_decision.pdf-panel's findings that there was a safeguarding concern in relation to students potentially ./Gratze_R_14843_Web_decision.pdf:discovering that sexual intercourse was taking place and how they would react to that. ./Gratze_R_14843_Web_decision.pdf-The panel was conscious that this risk did not materialise in this case. As to the well- ./Gratze_R_14843_Web_decision.pdf:being of pupils on the occasions when sexual activity was taking place, the panel noted ./Gratze_R_14843_Web_decision.pdf-that, in all cases but one, all students were under the supervision of other colleagues. In ./Gratze_R_14843_Web_decision.pdf:relation to the sexual activity that took place inside the minibus, there was no evidence ./Gratze_R_14843_Web_decision.pdf-before the panel that the pupil who remained on the camp came to any harm. Given that ./Gratze_R_14843_Web_decision.pdf-the panel is of the view that Mr Gratze is unlikely to repeat this behaviour, as explained ./Gratze_R_14843_Web_decision.pdf-further below, the public interest in the need the protect pupils has been given less ./Gratze_R_14843_Web_decision.pdf-weight in this case. ./Gratze_R_14843_Web_decision.pdf- ./Gratze_R_14843_Web_decision.pdf-The panel considered that public confidence in the profession could be weakened if ./Gratze_R_14843_Web_decision.pdf-conduct such as that found against Mr Gratze were not treated with the utmost ./Gratze_R_14843_Web_decision.pdf-seriousness when regulating the conduct of the profession. ./Gratze_R_14843_Web_decision.pdf- ./Gratze_R_14843_Web_decision.pdf-The panel considered that a strong public interest consideration in declaring proper -- ./Gratze_R_14843_Web_decision.pdf-  Serious departure from the personal and professional conduct elements of the ./Gratze_R_14843_Web_decision.pdf- Teachers’ Standards; ./Gratze_R_14843_Web_decision.pdf-Whilst the panel considered that this was misconduct that had the potential to affect the ./Gratze_R_14843_Web_decision.pdf-well-being of pupils, the risk did not materialise and the panel, most importantly, did not ./Gratze_R_14843_Web_decision.pdf-consider there to be a continuing risk. In coming to this view, the panel noted that the ./Gratze_R_14843_Web_decision.pdf-conduct was confined to a period of less than two weeks during and immediately after the ./Gratze_R_14843_Web_decision.pdf-residential trip. The health issues that Mr Gratze says were affecting him during that ./Gratze_R_14843_Web_decision.pdf-period are now being effectively managed by the coping strategies that he deploys and ./Gratze_R_14843_Web_decision.pdf-which, he says, are now behind him. ./Gratze_R_14843_Web_decision.pdf- ./Gratze_R_14843_Web_decision.pdf:The panel has found that the consensual sexual activity could not be anything other than ./Gratze_R_14843_Web_decision.pdf:sexually motivated. The panel concluded that this case involved unacceptable ./Gratze_R_14843_Web_decision.pdf:professional conduct arising from the potential consequences of engaging in sexual ./Gratze_R_14843_Web_decision.pdf-activity, with a consenting adult, at an inappropriate time and location, rather than the ./Gratze_R_14843_Web_decision.pdf:sexual activity itself. In particular, the panel has made a finding that Mr Gratze did not ./Gratze_R_14843_Web_decision.pdf-use or exploit the trust, knowledge or influence derived from his professional position. ./Gratze_R_14843_Web_decision.pdf:Therefore, the panel does not consider this to amount to sexual misconduct as defined in ./Gratze_R_14843_Web_decision.pdf-the Advice. ./Gratze_R_14843_Web_decision.pdf- ./Gratze_R_14843_Web_decision.pdf-Even though the departure from the Teachers' Standards might point to a prohibition ./Gratze_R_14843_Web_decision.pdf-order being appropriate, the panel went on to consider whether or not there were ./Gratze_R_14843_Web_decision.pdf-sufficient mitigating factors to militate against a prohibition order being an appropriate ./Gratze_R_14843_Web_decision.pdf-and proportionate measure to impose, particularly taking into account the nature and ./Gratze_R_14843_Web_decision.pdf-severity of the behaviour in this case. ./Gratze_R_14843_Web_decision.pdf- ./Gratze_R_14843_Web_decision.pdf-Mr Gratze's actions were deliberate and, although suffering from poor mental health, he ./Gratze_R_14843_Web_decision.pdf-was not acting under duress. -- ./Gratze_R_14843_Web_decision.pdf- ./Gratze_R_14843_Web_decision.pdf-I have read the guidance that is published by the Secretary of State and taken that into ./Gratze_R_14843_Web_decision.pdf-account. I have also taken into account the need to be proportionate. ./Gratze_R_14843_Web_decision.pdf- ./Gratze_R_14843_Web_decision.pdf-I have given due regard to the fact that the panel has considered the particular public ./Gratze_R_14843_Web_decision.pdf-interest considerations set out in the Advice, and having done so has found the following ./Gratze_R_14843_Web_decision.pdf-to be relevant in this case, namely: the protection of pupils; the maintenance of public ./Gratze_R_14843_Web_decision.pdf-confidence in the profession; and declaring and upholding proper standards of conduct. I ./Gratze_R_14843_Web_decision.pdf-am in agreement with the panel that there is a public interest consideration in respect of ./Gratze_R_14843_Web_decision.pdf-the protection of pupils given the panel's findings that there was a safeguarding concern ./Gratze_R_14843_Web_decision.pdf:in relation to students potentially discovering that sexual intercourse was taking place ./Gratze_R_14843_Web_decision.pdf-and how they would react to that. I have also noted that the panel was conscious that this ./Gratze_R_14843_Web_decision.pdf-risk did not materialise in this case. ./Gratze_R_14843_Web_decision.pdf- ./Gratze_R_14843_Web_decision.pdf- ./Gratze_R_14843_Web_decision.pdf- ./Gratze_R_14843_Web_decision.pdf- 15 ./Gratze_R_14843_Web_decision.pdf- ./Greene__Richard_Web_Decision.pdf-b. Organised “selective” lunchtime gym clubs; ./Greene__Richard_Web_Decision.pdf- ./Greene__Richard_Web_Decision.pdf-c. Met pupils at weekends; ./Greene__Richard_Web_Decision.pdf- ./Greene__Richard_Web_Decision.pdf-d. Contacted pupils on their mobile phones; ./Greene__Richard_Web_Decision.pdf- ./Greene__Richard_Web_Decision.pdf-e. Proposed a “sleep over”; ./Greene__Richard_Web_Decision.pdf- ./Greene__Richard_Web_Decision.pdf-f. Had wrestling sessions with pupils. ./Greene__Richard_Web_Decision.pdf- ./Greene__Richard_Web_Decision.pdf:3. And in doing so in relation to allegations 1 and/or 2 his behaviour was sexually ./Greene__Richard_Web_Decision.pdf-motivated. ./Greene__Richard_Web_Decision.pdf- ./Greene__Richard_Web_Decision.pdf-Mr Greene denied all of the allegations. ./Greene__Richard_Web_Decision.pdf- ./Greene__Richard_Web_Decision.pdf- ./Greene__Richard_Web_Decision.pdf-C. Preliminary applications ./Greene__Richard_Web_Decision.pdf-Preliminary applications considered at the hearing on 5 August 2015 by telephone: ./Greene__Richard_Web_Decision.pdf- ./Greene__Richard_Web_Decision.pdf-Proceeding in absence ./Greene__Richard_Web_Decision.pdf-The presenting officer applied to the panel for a direction that the substantive hearing -- ./Greene__Richard_Web_Decision.pdf- ./Greene__Richard_Web_Decision.pdf-We confirm that we have read all the documents provided in the bundle in advance of the ./Greene__Richard_Web_Decision.pdf-hearing. ./Greene__Richard_Web_Decision.pdf- ./Greene__Richard_Web_Decision.pdf-Brief summary ./Greene__Richard_Web_Decision.pdf-In or about June 1998, Mr Greene qualified as a teacher. ./Greene__Richard_Web_Decision.pdf- ./Greene__Richard_Web_Decision.pdf-However, prior to his qualification, to include the period 1993 to 1996, he performed the ./Greene__Richard_Web_Decision.pdf-role of an athletics coach at his local athletics club. ./Greene__Richard_Web_Decision.pdf- ./Greene__Richard_Web_Decision.pdf:During this time, it was alleged that he sexually assaulted Individual A who, in that period, ./Greene__Richard_Web_Decision.pdf-was aged 13 to 16 years. ./Greene__Richard_Web_Decision.pdf- ./Greene__Richard_Web_Decision.pdf-At that stage, the alleged conduct was not brought to the attention of any authority. ./Greene__Richard_Web_Decision.pdf- ./Greene__Richard_Web_Decision.pdf-By 2000, Mr Greene had taken up a teaching position at a school in the Midlands as a ./Greene__Richard_Web_Decision.pdf-PE teacher. ./Greene__Richard_Web_Decision.pdf- ./Greene__Richard_Web_Decision.pdf-In or about 2000 and 2001, pupils attending the school in the Midlands were being taught ./Greene__Richard_Web_Decision.pdf-by Mr Greene. Parents of those pupils became concerned at the activities being ./Greene__Richard_Web_Decision.pdf-practised by Mr Greene which appeared inappropriate and which led to disciplinary -- ./Greene__Richard_Web_Decision.pdf-coaching under-18 year olds. ./Greene__Richard_Web_Decision.pdf- ./Greene__Richard_Web_Decision.pdf-In October 2003, the DfES wrote to Mr Greene setting out the alleged activities which ./Greene__Richard_Web_Decision.pdf-gave rise to the referral, asking for his response. ./Greene__Richard_Web_Decision.pdf- ./Greene__Richard_Web_Decision.pdf-Subsequently, by letter of 8 March 2005, the DfES wrote to Mr Greene indicating that the ./Greene__Richard_Web_Decision.pdf-Secretary of State had decided that no further action would be taken in relation to those ./Greene__Richard_Web_Decision.pdf-issues although his details would remain on record and may be taken into account in the ./Greene__Richard_Web_Decision.pdf-event of any further misconduct coming to the Department’s attention. ./Greene__Richard_Web_Decision.pdf- ./Greene__Richard_Web_Decision.pdf:In August 2007, Individual A notified the police of the alleged sexual assaults to which he ./Greene__Richard_Web_Decision.pdf-was subjected by Mr Greene in the period 1993 to 1996. ./Greene__Richard_Web_Decision.pdf- ./Greene__Richard_Web_Decision.pdf-After an investigation, no criminal charges were brought against Mr Greene. The matters ./Greene__Richard_Web_Decision.pdf-were subsequently referred to the NCTL. ./Greene__Richard_Web_Decision.pdf- ./Greene__Richard_Web_Decision.pdf-Findings of fact ./Greene__Richard_Web_Decision.pdf-Our findings of fact are as follows: ./Greene__Richard_Web_Decision.pdf- ./Greene__Richard_Web_Decision.pdf-We have found the following particulars of the allegations against you proven, for these ./Greene__Richard_Web_Decision.pdf-reasons: -- ./Greene__Richard_Web_Decision.pdf- ./Greene__Richard_Web_Decision.pdf-On another occasion when Mr Greene was staying at the house and was therefore ./Greene__Richard_Web_Decision.pdf-sleeping in the same room as Individual A, Individual A awoke to find that Mr Greene had ./Greene__Richard_Web_Decision.pdf-placed his hand down the front of Individual A’s pyjamas and was touching Individual A’s ./Greene__Richard_Web_Decision.pdf-penis. Individual A started to cry such that his mother came into the room to find out ./Greene__Richard_Web_Decision.pdf-what was wrong. Mr Greene stated that Individual A had had a bad dream. When ./Greene__Richard_Web_Decision.pdf-Individual A’s mother left the room, Mr Greene became angry with Individual A indicating ./Greene__Richard_Web_Decision.pdf-that he had nearly landed him in serious trouble. ./Greene__Richard_Web_Decision.pdf- ./Greene__Richard_Web_Decision.pdf-Subsequently, and on repeated occasions over the ensuing three years, Mr Greene took ./Greene__Richard_Web_Decision.pdf:advantage of Individual A, indulging in sexual activities involving masturbation. The panel ./Greene__Richard_Web_Decision.pdf-was entirely satisfied that Individual A’s recollection of events was accurate in terms of ./Greene__Richard_Web_Decision.pdf-detail and background. ./Greene__Richard_Web_Decision.pdf- ./Greene__Richard_Web_Decision.pdf-The panel also found that Mr Greene had manipulated Individual A into allowing him to ./Greene__Richard_Web_Decision.pdf-behave in this way. The panel accepted Individual A’s evidence that he was naive and ./Greene__Richard_Web_Decision.pdf-under the influence of Mr Greene such that he was unable to provide any informed ./Greene__Richard_Web_Decision.pdf-consent to what was being done to him. Mr Greene would make Individual A feel guilty if ./Greene__Richard_Web_Decision.pdf-he did not accede to his wishes, calling him selfish. He would also convince Individual A ./Greene__Richard_Web_Decision.pdf-that what they were doing was normal, but at the same time saying that “… it is our little ./Greene__Richard_Web_Decision.pdf- -- ./Greene__Richard_Web_Decision.pdf-Finally, it was accepted that Mr Greene was invited to [redacted]. However, this was ./Greene__Richard_Web_Decision.pdf-before Individual A’s mother became aware of the abuse and it was at her suggestion, ./Greene__Richard_Web_Decision.pdf-although [redacted] did not go ahead. It was also true that it was suggested at one stage ./Greene__Richard_Web_Decision.pdf-that Mr Greene would take a room in the house occupied by Individual A [redacted] but ./Greene__Richard_Web_Decision.pdf-again this did not happen. Both issues arose at a time when Individual A was still feeling ./Greene__Richard_Web_Decision.pdf-guilty about what had happened and was also in denial. ./Greene__Richard_Web_Decision.pdf- ./Greene__Richard_Web_Decision.pdf-In any event, this had no relevance to the inappropriateness of Mr Greene’s behaviour ./Greene__Richard_Web_Decision.pdf-nor did it affect the findings of the panel in respect of this allegation. ./Greene__Richard_Web_Decision.pdf- ./Greene__Richard_Web_Decision.pdf:As a consequence, the panel found that Mr Greene sexually assaulted Individual A on ./Greene__Richard_Web_Decision.pdf-numerous occasions whilst working in his capacity as an athletics coach in the period ./Greene__Richard_Web_Decision.pdf-1993-1996. ./Greene__Richard_Web_Decision.pdf- ./Greene__Richard_Web_Decision.pdf-2. Developed inappropriate relationships and displayed inappropriate behaviour ./Greene__Richard_Web_Decision.pdf-with pupils whilst working as a teacher at a school in the Midlands between 2000 – ./Greene__Richard_Web_Decision.pdf-2001 in that you: ./Greene__Richard_Web_Decision.pdf- ./Greene__Richard_Web_Decision.pdf- a. Bought expensive gifts; ./Greene__Richard_Web_Decision.pdf- ./Greene__Richard_Web_Decision.pdf-The panel heard evidence from the mothers of Pupils B and D who, in early 2001, had -- ./Greene__Richard_Web_Decision.pdf-been, “…going off track”. Mr Greene had brought him, “…right back”. ./Greene__Richard_Web_Decision.pdf- ./Greene__Richard_Web_Decision.pdf-The mother of Pupil B said that it was very stressful as her son was clearly influenced by ./Greene__Richard_Web_Decision.pdf-Mr Greene and she did not want to upset her son in any way but, as time progressed, the ./Greene__Richard_Web_Decision.pdf-behaviour of Mr Greene made her feel more and more uncomfortable. Furthermore, there ./Greene__Richard_Web_Decision.pdf-was an understandable reluctance to come to the school and express their concerns as it ./Greene__Richard_Web_Decision.pdf-was a small community and also they were conscious of the potential consequences for ./Greene__Richard_Web_Decision.pdf-Mr Greene’s career. In the end, however, they found that they had no alternative but to ./Greene__Richard_Web_Decision.pdf-raise their concerns with the school. ./Greene__Richard_Web_Decision.pdf- ./Greene__Richard_Web_Decision.pdf:3. And in doing so in relation to allegations 1 and/or 2 your behaviour was sexually ./Greene__Richard_Web_Decision.pdf-motivated. ./Greene__Richard_Web_Decision.pdf- ./Greene__Richard_Web_Decision.pdf-The panel considered very carefully whether the facts as found in respect of allegations 1 ./Greene__Richard_Web_Decision.pdf:and 2 supported the conclusion that Mr Greene’s behaviour was sexually motivated. The ./Greene__Richard_Web_Decision.pdf-panel had also taken account of the legal advice it had received. ./Greene__Richard_Web_Decision.pdf- ./Greene__Richard_Web_Decision.pdf- ./Greene__Richard_Web_Decision.pdf- ./Greene__Richard_Web_Decision.pdf- 13 ./Greene__Richard_Web_Decision.pdf- -- ./Greene__Richard_Web_Decision.pdf-In respect of allegation 1, the panel concluded that, in the light of its findings, and taking ./Greene__Richard_Web_Decision.pdf-account of the nature of the allegation which had been found proved, it was inevitable ./Greene__Richard_Web_Decision.pdf:that the panel would find Mr Greene’s behaviour to have been sexually motivated. ./Greene__Richard_Web_Decision.pdf- ./Greene__Richard_Web_Decision.pdf-As for allegation 2, the panel considered whether, on taking an overall view of its findings ./Greene__Richard_Web_Decision.pdf-of fact in respect of all the particulars, it was appropriate to draw the inference that Mr ./Greene__Richard_Web_Decision.pdf:Greene’s behaviour was sexually motivated. ./Greene__Richard_Web_Decision.pdf- ./Greene__Richard_Web_Decision.pdf-In addition, it was also appropriate to include consideration of any other evidence ./Greene__Richard_Web_Decision.pdf-regarding Mr Greene’s character. This would include evidence of good character which, if ./Greene__Richard_Web_Decision.pdf-present, may cast doubt on whether it was appropriate to make an adverse finding. ./Greene__Richard_Web_Decision.pdf-However, no evidence as to his good character had been provided by Mr Greene. ./Greene__Richard_Web_Decision.pdf- ./Greene__Richard_Web_Decision.pdf-By contrast, the panel had found that, prior to the incidents giving rise to allegation 2, Mr ./Greene__Richard_Web_Decision.pdf:Greene had sexually assaulted a child over a period of years. ./Greene__Richard_Web_Decision.pdf- ./Greene__Richard_Web_Decision.pdf-The panel was also struck by certain similarities in the behaviour of Mr Greene in relation ./Greene__Richard_Web_Decision.pdf-to allegations 1 and 2. He developed friendships with not only the pupil but also his ./Greene__Richard_Web_Decision.pdf-family. He endeavoured to integrate himself into the pupil’s family, spending time at their ./Greene__Richard_Web_Decision.pdf-home, taking part in activities together. This reflected his behaviour towards Individual A ./Greene__Richard_Web_Decision.pdf-and his family. ./Greene__Richard_Web_Decision.pdf- ./Greene__Richard_Web_Decision.pdf-Taking an overall view of its findings, the nature of the particulars found proven, and the ./Greene__Richard_Web_Decision.pdf-findings in relation to allegation 1, the panel concluded on the balance of probabilities ./Greene__Richard_Web_Decision.pdf-that it was proper and appropriate to infer that, in respect of allegation 2, Mr Greene’s ./Greene__Richard_Web_Decision.pdf:behaviour was sexually motivated. ./Greene__Richard_Web_Decision.pdf- ./Greene__Richard_Web_Decision.pdf-Consequently, in respect of both allegations 1 and 2, the panel found allegation 3 proved. ./Greene__Richard_Web_Decision.pdf- ./Greene__Richard_Web_Decision.pdf-Findings as to unacceptable professional conduct and/or conduct that ./Greene__Richard_Web_Decision.pdf-may bring the profession into disrepute ./Greene__Richard_Web_Decision.pdf-The panel was satisfied that, in respect of the allegations found proved, Mr Greene was ./Greene__Richard_Web_Decision.pdf-guilty of unacceptable professional conduct and conduct likely to bring the profession into ./Greene__Richard_Web_Decision.pdf-disrepute. His behaviour was of a serious nature, falling significantly short of the ./Greene__Richard_Web_Decision.pdf:standard expected of a teacher. The findings that Mr Greene had sexually assaulted a ./Greene__Richard_Web_Decision.pdf:child and had also sought to develop relationships with pupils which were sexually ./Greene__Richard_Web_Decision.pdf-motivated was extremely serious. In doing so, he had failed: ./Greene__Richard_Web_Decision.pdf- ./Greene__Richard_Web_Decision.pdf-a. To demonstrate consistently high standards of personal and professional conduct: ./Greene__Richard_Web_Decision.pdf-b. To treat pupils with dignity and to build a relationship rooted in mutual respect; ./Greene__Richard_Web_Decision.pdf-c. To observe proper boundaries appropriate to his position as a teacher; ./Greene__Richard_Web_Decision.pdf-d. To have regard for the need to safeguard the well-being of impressionable ./Greene__Richard_Web_Decision.pdf- children, including pupils; ./Greene__Richard_Web_Decision.pdf- ./Greene__Richard_Web_Decision.pdf- ./Greene__Richard_Web_Decision.pdf- 14 -- ./Greene__Richard_Web_Decision.pdf-e. To act as a role model, taking account of the uniquely influential position a teacher ./Greene__Richard_Web_Decision.pdf- can hold in pupils’ lives. ./Greene__Richard_Web_Decision.pdf- ./Greene__Richard_Web_Decision.pdf- ./Greene__Richard_Web_Decision.pdf-Panel’s recommendation to the Secretary of State ./Greene__Richard_Web_Decision.pdf-The panel was satisfied that Mr Greene’s behaviour was incompatible with being a ./Greene__Richard_Web_Decision.pdf-teacher for the following reasons: ./Greene__Richard_Web_Decision.pdf- ./Greene__Richard_Web_Decision.pdf- These were serious departures from the personal and professional conduct ./Greene__Richard_Web_Decision.pdf- elements of the Teachers’ Standards as outlined above; ./Greene__Richard_Web_Decision.pdf: The behaviour amounted to sexual misconduct and had had a significant adverse ./Greene__Richard_Web_Decision.pdf- impact on the life of Individual A. It had also put at risk the welfare of pupils; ./Greene__Richard_Web_Decision.pdf- His conduct amounted to an abuse of his position of trust, whether as an athletics ./Greene__Richard_Web_Decision.pdf- coach or as a teacher. Indeed, Mr Greene had exploited his position of trust in a ./Greene__Richard_Web_Decision.pdf- wholly unacceptable and damaging manner; ./Greene__Richard_Web_Decision.pdf- The actions of Mr Greene were deliberate and there was no suggestion that he ./Greene__Richard_Web_Decision.pdf- had been acting under duress; ./Greene__Richard_Web_Decision.pdf- The behaviour did not relate to an isolated incident but had continued over a ./Greene__Richard_Web_Decision.pdf- number of years; ./Greene__Richard_Web_Decision.pdf- Mr Greene had denied any wrongdoing and had denied the allegations before the ./Greene__Richard_Web_Decision.pdf- panel; -- ./Greene__Richard_Web_Decision.pdf- ./Greene__Richard_Web_Decision.pdf- ./Greene__Richard_Web_Decision.pdf- ./Greene__Richard_Web_Decision.pdf- ./Greene__Richard_Web_Decision.pdf-Decision and reasons on behalf of the Secretary of State ./Greene__Richard_Web_Decision.pdf-I have carefully considered the findings and recommendations of the panel in this case. ./Greene__Richard_Web_Decision.pdf-The panel has found all the allegations proven and judged that the facts amount to ./Greene__Richard_Web_Decision.pdf-unacceptable professional conduct and conduct that may bring the profession into ./Greene__Richard_Web_Decision.pdf-disrepute. ./Greene__Richard_Web_Decision.pdf- ./Greene__Richard_Web_Decision.pdf:The facts in this case relate to Mr Greene sexually assaulting a person under the age of ./Greene__Richard_Web_Decision.pdf-16 together with the development of inappropriate relationships and behaviours with ./Greene__Richard_Web_Decision.pdf:pupils whilst a teacher. The panel has found Mr Greene’s behaviour to be sexually ./Greene__Richard_Web_Decision.pdf-motivated. ./Greene__Richard_Web_Decision.pdf- ./Greene__Richard_Web_Decision.pdf-These are serious incidents and the panel has identified a range of public interest ./Greene__Richard_Web_Decision.pdf-considerations to be relevant including the protection of pupils, maintenance of ./Greene__Richard_Web_Decision.pdf-confidence in the profession and upholding proper standards of conduct. ./Greene__Richard_Web_Decision.pdf- ./Greene__Richard_Web_Decision.pdf-Mr Greene has not attended the proceedings to provide his account and to mitigate on ./Greene__Richard_Web_Decision.pdf-his own behalf nor has he provided any character references or testimonials. There is no ./Greene__Richard_Web_Decision.pdf-evidence of Mr Greene showing any insight or remorse. ./Greene__Richard_Web_Decision.pdf- ./Green__Daniel_SoS_Decision.pdf-Teacher: Mr Daniel James Green ./Green__Daniel_SoS_Decision.pdf- ./Green__Daniel_SoS_Decision.pdf-Teacher ref number: 1387363 ./Green__Daniel_SoS_Decision.pdf- ./Green__Daniel_SoS_Decision.pdf-Teacher date of birth: 12 October 1973 ./Green__Daniel_SoS_Decision.pdf- ./Green__Daniel_SoS_Decision.pdf-NCTL case reference: 11008 ./Green__Daniel_SoS_Decision.pdf- ./Green__Daniel_SoS_Decision.pdf-Date of determination: 25 November 2015 ./Green__Daniel_SoS_Decision.pdf- ./Green__Daniel_SoS_Decision.pdf:Former employer: Thurrock Music Services, Essex ./Green__Daniel_SoS_Decision.pdf- ./Green__Daniel_SoS_Decision.pdf- ./Green__Daniel_SoS_Decision.pdf-A. Introduction ./Green__Daniel_SoS_Decision.pdf-A professional conduct panel (“the panel”) of the National College for Teaching and ./Green__Daniel_SoS_Decision.pdf-Leadership (“the National College”) convened on 19 and 20 August 2015 and 25 ./Green__Daniel_SoS_Decision.pdf-November 2015 at 53 to 55 Butts Road, Earlsdon Park, Coventry CV1 3BH to consider ./Green__Daniel_SoS_Decision.pdf-the case of Mr Daniel James Green. ./Green__Daniel_SoS_Decision.pdf- ./Green__Daniel_SoS_Decision.pdf-The panel members were Mr Tony Woodward (teacher panellist – in the chair), Ms Nicole ./Green__Daniel_SoS_Decision.pdf-Jackson (lay panellist) and Mr Mark Tweedle (teacher panellist). -- ./Green__Daniel_SoS_Decision.pdf-B. Allegations ./Green__Daniel_SoS_Decision.pdf-The panel considered the allegations set out in the Notice of Proceedings dated 11 June ./Green__Daniel_SoS_Decision.pdf-2015 (as amended during the course of the hearing). ./Green__Daniel_SoS_Decision.pdf- ./Green__Daniel_SoS_Decision.pdf-It was alleged that Mr Daniel James Green was guilty of unacceptable professional ./Green__Daniel_SoS_Decision.pdf-conduct and/or conduct that may bring the profession into disrepute in that: ./Green__Daniel_SoS_Decision.pdf- ./Green__Daniel_SoS_Decision.pdf:1. On 24 June 2014 he was convicted at South Essex Magistrates Court of pursuing a ./Green__Daniel_SoS_Decision.pdf- course of conduct which amounted to harassment. He was sentenced on 15 July ./Green__Daniel_SoS_Decision.pdf: 2014 at South Essex Magistrates Court in respect of that offence to a six month ./Green__Daniel_SoS_Decision.pdf- conditional discharge; a restraining order for protection from harassment was imposed ./Green__Daniel_SoS_Decision.pdf- on him and he was ordered to pay a victim surcharge of £15. ./Green__Daniel_SoS_Decision.pdf- ./Green__Daniel_SoS_Decision.pdf-2. He was guilty of unacceptable professional conduct and/or conduct that may bring the ./Green__Daniel_SoS_Decision.pdf- profession into disrepute in that whilst employed as a music tutor by Thurrock Music ./Green__Daniel_SoS_Decision.pdf- Services during 2013 he: ./Green__Daniel_SoS_Decision.pdf- ./Green__Daniel_SoS_Decision.pdf- a. Sent communications of an inappropriate nature to Student A, a vulnerable 17 ./Green__Daniel_SoS_Decision.pdf: year old, challenging his sexuality; ./Green__Daniel_SoS_Decision.pdf- ./Green__Daniel_SoS_Decision.pdf: b. Touched Young Person B, a 17 year old, in a sexual manner; ./Green__Daniel_SoS_Decision.pdf- ./Green__Daniel_SoS_Decision.pdf- c. Exhibited adult accessories (whips, chains, paddles), to both Student A and ./Green__Daniel_SoS_Decision.pdf- Young Person B; ./Green__Daniel_SoS_Decision.pdf- ./Green__Daniel_SoS_Decision.pdf- d. Offered to spank Young Person B. ./Green__Daniel_SoS_Decision.pdf- ./Green__Daniel_SoS_Decision.pdf:3. In acting as alleged at 2(a) – (d) above his actions were sexually motivated. ./Green__Daniel_SoS_Decision.pdf- ./Green__Daniel_SoS_Decision.pdf-The teacher did not admit the facts. ./Green__Daniel_SoS_Decision.pdf- ./Green__Daniel_SoS_Decision.pdf- ./Green__Daniel_SoS_Decision.pdf-C. Preliminary applications ./Green__Daniel_SoS_Decision.pdf-In the absence of the teacher, the presenting officer applied for the case to proceed. The ./Green__Daniel_SoS_Decision.pdf-panel was satisfied that the Notice of Proceedings had been served in accordance with ./Green__Daniel_SoS_Decision.pdf-the Disciplinary Procedures. The panel determined that it was not satisfied on the ./Green__Daniel_SoS_Decision.pdf-evidence provided by the absent teacher, in the form of a recent report dated 24 July ./Green__Daniel_SoS_Decision.pdf-2015 from [redacted], that he was suffering from any illness or incapacity of such a -- ./Green__Daniel_SoS_Decision.pdf-We confirm that we have read all the documents provided in the bundle in advance of the ./Green__Daniel_SoS_Decision.pdf-hearing. ./Green__Daniel_SoS_Decision.pdf- ./Green__Daniel_SoS_Decision.pdf-The case concerns Mr Green’s relationship with two young persons. At the time of the ./Green__Daniel_SoS_Decision.pdf-events covered by this case both Student A and Young Person B were aged 17 years. ./Green__Daniel_SoS_Decision.pdf-Student A had been tutored in music since the age of 12 years by Mr Green at his home ./Green__Daniel_SoS_Decision.pdf-but that arrangement had ended. However contact between Mr Green and Student A ./Green__Daniel_SoS_Decision.pdf-continued partly due to their common interest in music [redacted]. Over a period of ./Green__Daniel_SoS_Decision.pdf-several months towards the end of 2013 the teacher is alleged to have sent a large ./Green__Daniel_SoS_Decision.pdf-number of texts to Student A which were inappropriate in nature and referred to matters ./Green__Daniel_SoS_Decision.pdf:of a sexual nature. [Redacted]. ./Green__Daniel_SoS_Decision.pdf- ./Green__Daniel_SoS_Decision.pdf-His texts and other messages were reported to the police and it is alleged that in July ./Green__Daniel_SoS_Decision.pdf-2014 he was convicted on his own plea of guilty to an offence of harassment of Student ./Green__Daniel_SoS_Decision.pdf-A. He was given a conditional discharge for 6 months and a restraining order was made ./Green__Daniel_SoS_Decision.pdf-in relation to contact with Student A under the Protection from Harassment Act 1997. The ./Green__Daniel_SoS_Decision.pdf-court record contains the comment that this was an “unusual and exceptional case.” ./Green__Daniel_SoS_Decision.pdf- ./Green__Daniel_SoS_Decision.pdf-In relation to particular 2 other specific incidents, as indicated, involving Mr Green’s ./Green__Daniel_SoS_Decision.pdf-conduct towards Student A and Young Person B are alleged. Young Person B is a friend ./Green__Daniel_SoS_Decision.pdf-of Student A but appears on the papers to have no direct connection to the teacher other ./Green__Daniel_SoS_Decision.pdf-than as alleged in the particulars. It is not clear on a reading of the case papers whether ./Green__Daniel_SoS_Decision.pdf-Young Person B was ever taught by Mr Green or there ever existed a teacher/Student ./Green__Daniel_SoS_Decision.pdf-relationship between them. Young Person B is, however, a friend of Student A. ./Green__Daniel_SoS_Decision.pdf- ./Green__Daniel_SoS_Decision.pdf-The case papers contain copies of the various text and Facebook messages relied upon ./Green__Daniel_SoS_Decision.pdf-by the National College which were recovered by the police during their investigation. ./Green__Daniel_SoS_Decision.pdf- ./Green__Daniel_SoS_Decision.pdf-Mr Green, in documents submitted by him, explains that he has been very unwell. He ./Green__Daniel_SoS_Decision.pdf-accepts the fact of his conviction before the Southend Magistrates Court. He denies the ./Green__Daniel_SoS_Decision.pdf-other particulars alleged against him and makes it clear that he does not accept that he ./Green__Daniel_SoS_Decision.pdf:has been sexually motivated in any conduct towards either Student A or Young Person ./Green__Daniel_SoS_Decision.pdf-B. ./Green__Daniel_SoS_Decision.pdf- ./Green__Daniel_SoS_Decision.pdf- ./Green__Daniel_SoS_Decision.pdf- 6 ./Green__Daniel_SoS_Decision.pdf- -- ./Green__Daniel_SoS_Decision.pdf-Findings of fact ./Green__Daniel_SoS_Decision.pdf-Our findings of fact are as follows: ./Green__Daniel_SoS_Decision.pdf- ./Green__Daniel_SoS_Decision.pdf-We have found the following particulars of the allegations against you proven, for these ./Green__Daniel_SoS_Decision.pdf-reasons: ./Green__Daniel_SoS_Decision.pdf- ./Green__Daniel_SoS_Decision.pdf-1. You are guilty of unacceptable professional conduct and/or conduct that may ./Green__Daniel_SoS_Decision.pdf-bring the profession into disrepute in that: ./Green__Daniel_SoS_Decision.pdf- ./Green__Daniel_SoS_Decision.pdf:On 24 June 2014 you were convicted at South Essex Magistrates Court of pursuing ./Green__Daniel_SoS_Decision.pdf-a course of conduct which amounted to harassment. You were sentenced on 15 ./Green__Daniel_SoS_Decision.pdf:July 2014 at South Essex Magistrates Court in respect of that offence to a six ./Green__Daniel_SoS_Decision.pdf-month conditional discharge; a restraining order for protection from harassment ./Green__Daniel_SoS_Decision.pdf-was imposed on you and you were ordered to pay a victim surcharge of £15. ./Green__Daniel_SoS_Decision.pdf- ./Green__Daniel_SoS_Decision.pdf-Our reasons are we have relied on the memorandum of conviction from Southend ./Green__Daniel_SoS_Decision.pdf-Magistrates Court exhibited at pp 19 and 20 of the case papers as conclusive evidence ./Green__Daniel_SoS_Decision.pdf-of this conviction. It is not challenged by you as you have accepted that you attended the ./Green__Daniel_SoS_Decision.pdf-magistrates’ court and entered a guilty plea to the harassment offence. ./Green__Daniel_SoS_Decision.pdf- ./Green__Daniel_SoS_Decision.pdf-2. You are guilty of unacceptable professional conduct and/or conduct that ./Green__Daniel_SoS_Decision.pdf-may bring the profession into disrepute in that whilst employed as a music tutor by ./Green__Daniel_SoS_Decision.pdf-Thurrock Music Services during 2013 you: ./Green__Daniel_SoS_Decision.pdf- ./Green__Daniel_SoS_Decision.pdf-a. Sent communications of an inappropriate nature to Student A, a vulnerable ./Green__Daniel_SoS_Decision.pdf:17 year old, challenging his sexuality; ./Green__Daniel_SoS_Decision.pdf- ./Green__Daniel_SoS_Decision.pdf-We did not hear from Student A but have considered his police witness statement which ./Green__Daniel_SoS_Decision.pdf-is exhibited at pp 29 – 32. In it he says that Mr Green “would try to persuade me into ./Green__Daniel_SoS_Decision.pdf:thinking I was either bisexual or gay and he said that everyone is gay in some form”. ./Green__Daniel_SoS_Decision.pdf-Student A’s account of what had happened is evidenced by some of the text messages ./Green__Daniel_SoS_Decision.pdf-sent by you, retrieved by the police, which are exhibited in the case papers. Examples ./Green__Daniel_SoS_Decision.pdf-include: ./Green__Daniel_SoS_Decision.pdf- ./Green__Daniel_SoS_Decision.pdf:  at p50 “….if anyone has given you a hard time for being gay or bisexual let me ./Green__Daniel_SoS_Decision.pdf- know who they are and I will put them on my “to do” list.” ./Green__Daniel_SoS_Decision.pdf- ./Green__Daniel_SoS_Decision.pdf-  at p81 “…You have to be honest about being bi.” ./Green__Daniel_SoS_Decision.pdf- ./Green__Daniel_SoS_Decision.pdf-  at p105 “I don’t care what you are mate no one does just be gay when you need to ./Green__Daniel_SoS_Decision.pdf- if you do, don’t let anyone tell you people will discriminate. They won’t, they only ./Green__Daniel_SoS_Decision.pdf- will if you are a closet case…that’s all mate.” ./Green__Daniel_SoS_Decision.pdf- ./Green__Daniel_SoS_Decision.pdf-  at p110 “ …not from the nutcase who gave her the notion its my fault you are bi, ./Green__Daniel_SoS_Decision.pdf- unless you plan to give me the address so I could have such a person struck off -- ./Green__Daniel_SoS_Decision.pdf-We were able to question Young Person B. We found him to be a credible witness and ./Green__Daniel_SoS_Decision.pdf-we believed him. His account of matters was consistent with Student A’s written ./Green__Daniel_SoS_Decision.pdf-statement to the police at pp 29-32. ./Green__Daniel_SoS_Decision.pdf- ./Green__Daniel_SoS_Decision.pdf-Our review of the texts establishes that many of the messages were inappropriate ./Green__Daniel_SoS_Decision.pdf-especially taking account of the tutor/Student relationship which had previously existed ./Green__Daniel_SoS_Decision.pdf-between yourself and Student A. ./Green__Daniel_SoS_Decision.pdf- ./Green__Daniel_SoS_Decision.pdf-We are satisfied that Student A was a vulnerable person as described both in Young ./Green__Daniel_SoS_Decision.pdf-Person B’s oral evidence and Student A’s written evidence and that some of the ./Green__Daniel_SoS_Decision.pdf:messages you sent to Student A sought to challenge his sexuality. ./Green__Daniel_SoS_Decision.pdf- ./Green__Daniel_SoS_Decision.pdf-We have carefully considered what you have said at p135 of the case papers that your ./Green__Daniel_SoS_Decision.pdf-text messages sent to A “were of a supportive nature” but you go on to say that you can ./Green__Daniel_SoS_Decision.pdf-“quite see now how a homophobic boy with a religious idiot for a mother may well be ./Green__Daniel_SoS_Decision.pdf-distressed”. That observation in itself, particularly the reference to Student A’s alleged ./Green__Daniel_SoS_Decision.pdf-homophobia, establishes that you now appreciate that your messages were unwelcome. ./Green__Daniel_SoS_Decision.pdf- ./Green__Daniel_SoS_Decision.pdf:b. Touched Young Person B, a 17 year old, in a sexual manner; ./Green__Daniel_SoS_Decision.pdf- ./Green__Daniel_SoS_Decision.pdf-We heard live evidence from Young Person B which was consistent with what he had ./Green__Daniel_SoS_Decision.pdf-said to the police in his written witness statement at p35. He acknowledged that he had ./Green__Daniel_SoS_Decision.pdf-agreed to a hug but that you both hugged him and grabbed his bottom. We believed him. ./Green__Daniel_SoS_Decision.pdf-He acknowledged that he was liberal in his views but he was clear that this contact was ./Green__Daniel_SoS_Decision.pdf-unwelcome. He said that you apologised to him and backed off. In his statement to the ./Green__Daniel_SoS_Decision.pdf-police (p.34) he records that you said “I’m sorry I overstepped the line.” As indicated ./Green__Daniel_SoS_Decision.pdf-above we found Young Person B to be a credible witness who was quite measured in his ./Green__Daniel_SoS_Decision.pdf-evidence. We took account of the general comments you made about Young Person B in ./Green__Daniel_SoS_Decision.pdf-your written submission at p 142 but we saw no reason to disbelieve his account of this -- ./Green__Daniel_SoS_Decision.pdf-to recovering from your home a black case (LAG/11) and a yellow and brown case ./Green__Daniel_SoS_Decision.pdf-(LAG/13) both with sadomasochism items within. We noted and considered your written ./Green__Daniel_SoS_Decision.pdf-denial at p 135 of the case papers but are satisfied on the oral evidence of Young Person ./Green__Daniel_SoS_Decision.pdf-B and the other evidence referred to above that these incidents did occur as alleged. ./Green__Daniel_SoS_Decision.pdf- ./Green__Daniel_SoS_Decision.pdf-d. Offered to spank Young Person B. ./Green__Daniel_SoS_Decision.pdf- ./Green__Daniel_SoS_Decision.pdf-You have denied this particular but we judge that it is proved based on the oral evidence ./Green__Daniel_SoS_Decision.pdf-we heard from Young Person B. ./Green__Daniel_SoS_Decision.pdf- ./Green__Daniel_SoS_Decision.pdf:3. In acting as alleged at 2(a) – (d) above your actions were sexually motivated. ./Green__Daniel_SoS_Decision.pdf- ./Green__Daniel_SoS_Decision.pdf-This particular is proved. We determine that the combined effect of the particulars we ./Green__Daniel_SoS_Decision.pdf-have found proved under 2 (a) – (d) allows no other conclusion to be sensibly drawn. We ./Green__Daniel_SoS_Decision.pdf-have relied on the nature of the conduct we have found proved and the content of the ./Green__Daniel_SoS_Decision.pdf-various messages sent to Student A. We also have taken account of the following ./Green__Daniel_SoS_Decision.pdf-specific messages which are contained in the case papers: ./Green__Daniel_SoS_Decision.pdf- ./Green__Daniel_SoS_Decision.pdf-  at p100- “In essence I am taking the moral stick out of my arse and helping young ./Green__Daniel_SoS_Decision.pdf- gay men do the same, and once the stick is removed most of them need a cock or ./Green__Daniel_SoS_Decision.pdf- two to fill the gaping empty chasm that moral sticks leave.” ./Green__Daniel_SoS_Decision.pdf- ./Green__Daniel_SoS_Decision.pdf-  at p77 – “…And I’m loving life as a dom with loads of my boys.” ./Green__Daniel_SoS_Decision.pdf- ./Green__Daniel_SoS_Decision.pdf-  at p31 – In Student A’s witness statement – “Due to what Dan was saying he ./Green__Daniel_SoS_Decision.pdf: made me believe that I could be bisexual and I thought I could be for a short time.” ./Green__Daniel_SoS_Decision.pdf- and “Dan would constantly try to persuade me to split up with my girlfriend at the ./Green__Daniel_SoS_Decision.pdf- time.” ./Green__Daniel_SoS_Decision.pdf- ./Green__Daniel_SoS_Decision.pdf-Findings as to unacceptable professional conduct and/or conduct that ./Green__Daniel_SoS_Decision.pdf-may bring the profession into disrepute ./Green__Daniel_SoS_Decision.pdf-Having found the allegations to have been proven, the panel has gone on to consider ./Green__Daniel_SoS_Decision.pdf-whether the facts of those proven allegations amount to unacceptable professional ./Green__Daniel_SoS_Decision.pdf-conduct and/or conduct that may bring the profession into disrepute. ./Green__Daniel_SoS_Decision.pdf- ./Green__Daniel_SoS_Decision.pdf-In doing so, the panel has had regard to the document Teacher Misconduct: The -- ./Green__Daniel_SoS_Decision.pdf- ./Green__Daniel_SoS_Decision.pdf-We are satisfied that the evidence shows that Student A was a vulnerable student for ./Green__Daniel_SoS_Decision.pdf-whom you had acted as a home tutor. At the time of these events Student A was still only ./Green__Daniel_SoS_Decision.pdf-17. You continued over a period of some months to interact with Student A in a way that ./Green__Daniel_SoS_Decision.pdf-led to an appearance and conviction before the magistrates’ court for harassment. Your ./Green__Daniel_SoS_Decision.pdf-continued involvement with Student A, after you had ceased to be his tutor, caused him ./Green__Daniel_SoS_Decision.pdf-and his family distress and led to his friend, Young Person B, becoming concerned for his ./Green__Daniel_SoS_Decision.pdf-welfare. ./Green__Daniel_SoS_Decision.pdf- ./Green__Daniel_SoS_Decision.pdf-You sent to Student A numerous messages via various forms of media. Some of those ./Green__Daniel_SoS_Decision.pdf:messages were sexually explicit and inappropriate. We are satisfied that in doing so you ./Green__Daniel_SoS_Decision.pdf:were sexually motivated. You challenged his sexuality and showed him items at your ./Green__Daniel_SoS_Decision.pdf-home connected with sadomasochism. ./Green__Daniel_SoS_Decision.pdf- ./Green__Daniel_SoS_Decision.pdf-We judge that your behaviour was “misconduct of a serious nature, falling significantly ./Green__Daniel_SoS_Decision.pdf-short of the standard of behaviour expected of a teacher”. In making this judgement we ./Green__Daniel_SoS_Decision.pdf-recognise that this is an objective test and we understand that at around the time of these ./Green__Daniel_SoS_Decision.pdf-events you may well have been very unwell [redacted]. That is not a consideration that ./Green__Daniel_SoS_Decision.pdf-we can take account of at this stage of the case. ./Green__Daniel_SoS_Decision.pdf- ./Green__Daniel_SoS_Decision.pdf-In relation to your conduct towards Young Person B we accept that there never existed ./Green__Daniel_SoS_Decision.pdf-any teacher/pupil relationship with this witness and we understand you only came into -- ./Green__Daniel_SoS_Decision.pdf-to further harmful behaviour. He has committed a breach of his position of trust towards ./Green__Daniel_SoS_Decision.pdf-Student A. ./Green__Daniel_SoS_Decision.pdf- ./Green__Daniel_SoS_Decision.pdf:Very importantly the panel has found that Mr Green’s behaviour was sexually motivated ./Green__Daniel_SoS_Decision.pdf-and his behaviour was directed at a vulnerable pupil. ./Green__Daniel_SoS_Decision.pdf- ./Green__Daniel_SoS_Decision.pdf-For all these reasons the panel considers this is a serious case and recommends that a ./Green__Daniel_SoS_Decision.pdf-Prohibition Order should be imposed. ./Green__Daniel_SoS_Decision.pdf- ./Green__Daniel_SoS_Decision.pdf-In relation to the possibility of a review period being allowed in this case we are exercised ./Green__Daniel_SoS_Decision.pdf-by the fact that there is evidence that Mr Green has suffered mental illness and the panel ./Green__Daniel_SoS_Decision.pdf-is very much hampered by the lack of any information about his current state of health or ./Green__Daniel_SoS_Decision.pdf-the possible impact of any mental illness he may have been suffering at the date of these ./Green__Daniel_SoS_Decision.pdf-events. [Redacted] we have no psychiatric or other medical evidence that helps the panel -- ./Green__Daniel_SoS_Decision.pdf-Decision and reasons on behalf of the Secretary of State ./Green__Daniel_SoS_Decision.pdf-I have given very careful consideration to this case and to the recommendation of the ./Green__Daniel_SoS_Decision.pdf-panel both in respect of sanction and review period. ./Green__Daniel_SoS_Decision.pdf- ./Green__Daniel_SoS_Decision.pdf-I have noted in particular those allegations where the panel has found the facts proven ./Green__Daniel_SoS_Decision.pdf-and where they have found that those facts do and do not amount to unacceptable ./Green__Daniel_SoS_Decision.pdf-professional conduct. ./Green__Daniel_SoS_Decision.pdf- ./Green__Daniel_SoS_Decision.pdf:This was a serious case involving sexually motivated misconduct with a pupil. The panel ./Green__Daniel_SoS_Decision.pdf-has found that this case discloses a serious departure from the personal and professional ./Green__Daniel_SoS_Decision.pdf-conduct elements of the Teacher’s Standards. Mr Green continued to behave in an ./Green__Daniel_SoS_Decision.pdf-unacceptable way which was sustained over 3 to 4 months. Mr Green has not engaged ./Green__Daniel_SoS_Decision.pdf-with these proceedings in any substantial way and has denied the allegations. He did not ./Green__Daniel_SoS_Decision.pdf-attend the hearing and the panel is clear that they have had no material on which to ./Green__Daniel_SoS_Decision.pdf-judge his insight. However his absence and lack of engagement leads the panel to have ./Green__Daniel_SoS_Decision.pdf-grave concerns as to his attitude to what occurred and whether he harbours a deep- ./Green__Daniel_SoS_Decision.pdf-seated attitude that could lead to further harmful behaviour. He has committed a breach ./Green__Daniel_SoS_Decision.pdf-of his position of trust towards Student A. ./Green__Daniel_SoS_Decision.pdf- ./Green__Daniel_SoS_Decision.pdf:In addition the panel has found that Mr Green’s behaviour was sexually motivated and ./Green__Daniel_SoS_Decision.pdf-his behaviour was directed at a vulnerable pupil. ./Green__Daniel_SoS_Decision.pdf- ./Green__Daniel_SoS_Decision.pdf-I support the recommendation of the panel that Mr Green should be prohibited. ./Green__Daniel_SoS_Decision.pdf- ./Green__Daniel_SoS_Decision.pdf-I turn now to the matter of a review period. The panel has set out very clearly their ./Green__Daniel_SoS_Decision.pdf-thinking on this matter. ./Green__Daniel_SoS_Decision.pdf- ./Green__Daniel_SoS_Decision.pdf-The panel has argued that in the circumstances and particularly taking into consideration ./Green__Daniel_SoS_Decision.pdf-the fact that there is some evidence of a degree of mental impairment, exceptionally, they ./Green__Daniel_SoS_Decision.pdf-will recommend that a review period should be allowed. ./Gretton_Margaret_WEB_decision_PDF_10_April_2015.pdf-recognises that the imposition of such an order would have a serious impact on the ability ./Gretton_Margaret_WEB_decision_PDF_10_April_2015.pdf-of Ms Gretton to earn a living. It was mindful of the need to balance the interests of Ms ./Gretton_Margaret_WEB_decision_PDF_10_April_2015.pdf-Gretton against the wider public interest, and that the imposition of a prohibition order ./Gretton_Margaret_WEB_decision_PDF_10_April_2015.pdf-must be a proportionate response to her conduct. ./Gretton_Margaret_WEB_decision_PDF_10_April_2015.pdf- ./Gretton_Margaret_WEB_decision_PDF_10_April_2015.pdf-Ms Gretton's conduct seriously departed from the standards expected of a teacher, and ./Gretton_Margaret_WEB_decision_PDF_10_April_2015.pdf-particularly someone in a position of authority. The Teacher misconduct: the prohibition ./Gretton_Margaret_WEB_decision_PDF_10_April_2015.pdf-of teachers guidance document indicates that a panel should consider recommending to ./Gretton_Margaret_WEB_decision_PDF_10_April_2015.pdf-the Secretary of State that a prohibition order is imposed with no provision for the teacher ./Gretton_Margaret_WEB_decision_PDF_10_April_2015.pdf-to apply for it to be set aside after any period of time where the case involved intolerance ./Gretton_Margaret_WEB_decision_PDF_10_April_2015.pdf:and/or hatred on the grounds of race/religion or sexual orientation. This is a case where ./Gretton_Margaret_WEB_decision_PDF_10_April_2015.pdf-the teacher has exhibited clear intolerance on the grounds of race, as well as disability. ./Gretton_Margaret_WEB_decision_PDF_10_April_2015.pdf- ./Gretton_Margaret_WEB_decision_PDF_10_April_2015.pdf-She had no previous history of misconduct during her long career and worked to assist ./Gretton_Margaret_WEB_decision_PDF_10_April_2015.pdf-schools in challenging circumstances. She had some positive and supportive testimonials ./Gretton_Margaret_WEB_decision_PDF_10_April_2015.pdf-from staff and parents. ./Gretton_Margaret_WEB_decision_PDF_10_April_2015.pdf- ./Gretton_Margaret_WEB_decision_PDF_10_April_2015.pdf-The panel considered that Ms Gretton was not acting under duress, she lacked any ./Gretton_Margaret_WEB_decision_PDF_10_April_2015.pdf-insight into her behaviour and demonstrated no remorse. Her actions towards staff and ./Gretton_Margaret_WEB_decision_PDF_10_April_2015.pdf-pupils were deliberate, repeated and over a sustained period of time. Ms Gretton ./Gretton_Margaret_WEB_decision_PDF_10_April_2015.pdf-seriously abused her position of power and trust within the school. -- ./Gretton_Margaret_WEB_decision_PDF_10_April_2015.pdf-of power and trust within the school. ./Gretton_Margaret_WEB_decision_PDF_10_April_2015.pdf- ./Gretton_Margaret_WEB_decision_PDF_10_April_2015.pdf-In the circumstances I agree with the panel’s recommendation that a prohibition order is ./Gretton_Margaret_WEB_decision_PDF_10_April_2015.pdf-an appropriate and proportionate sanction. ./Gretton_Margaret_WEB_decision_PDF_10_April_2015.pdf- ./Gretton_Margaret_WEB_decision_PDF_10_April_2015.pdf-In considering whether it would be appropriate to recommend a review period the panel ./Gretton_Margaret_WEB_decision_PDF_10_April_2015.pdf-have properly referenced the Secretary of State’s advice Teacher misconduct: the ./Gretton_Margaret_WEB_decision_PDF_10_April_2015.pdf-prohibition of teachers. The document indicates that a panel should consider ./Gretton_Margaret_WEB_decision_PDF_10_April_2015.pdf-recommending to the Secretary of State that a prohibition order is imposed with no ./Gretton_Margaret_WEB_decision_PDF_10_April_2015.pdf-provision for the teacher to apply for it to be set aside after any period of time where the ./Gretton_Margaret_WEB_decision_PDF_10_April_2015.pdf:case involved intolerance and/or hatred on the grounds of race/religion or sexual ./Gretton_Margaret_WEB_decision_PDF_10_April_2015.pdf-orientation. This is a case where the teacher has exhibited clear intolerance on the ./Gretton_Margaret_WEB_decision_PDF_10_April_2015.pdf-grounds of race, as well as disability. ./Gretton_Margaret_WEB_decision_PDF_10_April_2015.pdf- ./Gretton_Margaret_WEB_decision_PDF_10_April_2015.pdf-It is the panel's view this case is so serious that it would not be appropriate for it to ./Gretton_Margaret_WEB_decision_PDF_10_April_2015.pdf-recommend a review period. There has been no effort made by Ms Gretton to remedy ./Gretton_Margaret_WEB_decision_PDF_10_April_2015.pdf-the attitudinal deficiencies which have led her to behave in the way in which she did. I ./Gretton_Margaret_WEB_decision_PDF_10_April_2015.pdf-agree with their recommendation. ./Gretton_Margaret_WEB_decision_PDF_10_April_2015.pdf- ./Gretton_Margaret_WEB_decision_PDF_10_April_2015.pdf- ./Gretton_Margaret_WEB_decision_PDF_10_April_2015.pdf- ./Gunning__J_15441_Web_decision.pdf-The panel considered the allegation set out in the Notice of Meeting dated 31 January ./Gunning__J_15441_Web_decision.pdf-2017. ./Gunning__J_15441_Web_decision.pdf- ./Gunning__J_15441_Web_decision.pdf-It was alleged that Mr Joel Gunning was guilty of unacceptable professional conduct ./Gunning__J_15441_Web_decision.pdf-and/or conduct that may bring the profession into disrepute, in that: ./Gunning__J_15441_Web_decision.pdf- ./Gunning__J_15441_Web_decision.pdf-He failed to maintain appropriate professional standards whilst working as a teacher at ./Gunning__J_15441_Web_decision.pdf-Bungay High School ("the School") in that: ./Gunning__J_15441_Web_decision.pdf- ./Gunning__J_15441_Web_decision.pdf- 1. On 12 August 2016, he brought a pen drive/USB into the School which had stored ./Gunning__J_15441_Web_decision.pdf: on it pornographic images and/or videos including pornography which could be ./Gunning__J_15441_Web_decision.pdf- deemed extreme; ./Gunning__J_15441_Web_decision.pdf- ./Gunning__J_15441_Web_decision.pdf- 2. By his actions set out above, he created a situation whereby the School's pupils ./Gunning__J_15441_Web_decision.pdf: could be exposed to viewing pornography/extreme pornography. ./Gunning__J_15441_Web_decision.pdf- ./Gunning__J_15441_Web_decision.pdf-Mr Gunning admitted the alleged facts. ./Gunning__J_15441_Web_decision.pdf- ./Gunning__J_15441_Web_decision.pdf-Mr Gunning also admitted that his conduct amounts to unacceptable professional ./Gunning__J_15441_Web_decision.pdf-conduct and/or conduct that may bring the profession into disrepute. ./Gunning__J_15441_Web_decision.pdf- ./Gunning__J_15441_Web_decision.pdf- ./Gunning__J_15441_Web_decision.pdf-C. Summary of evidence ./Gunning__J_15441_Web_decision.pdf-Documents ./Gunning__J_15441_Web_decision.pdf-In advance of the hearing, the panel received a bundle of documents which included: -- ./Gunning__J_15441_Web_decision.pdf- ./Gunning__J_15441_Web_decision.pdf-Mr Gunning was employed as head of drama and teacher of English at the School ./Gunning__J_15441_Web_decision.pdf-between 1 August 2011 and 23 June 2016. Mr Gunning admits that he was aware of the ./Gunning__J_15441_Web_decision.pdf-standard of behaviour expected as a teacher set out in the Teachers' Standards, the ./Gunning__J_15441_Web_decision.pdf-School's Code of Conduct for Staff and the School's Online Safety Policy. ./Gunning__J_15441_Web_decision.pdf- ./Gunning__J_15441_Web_decision.pdf-On 12 April 2016 Mr Gunning brought into the School a pen drive/USB, which was ./Gunning__J_15441_Web_decision.pdf-neither encrypted nor password protected. The pen drive/USB, which was found on the ./Gunning__J_15441_Web_decision.pdf-classroom floor by a pupil, had stored on it: ./Gunning__J_15441_Web_decision.pdf- ./Gunning__J_15441_Web_decision.pdf:  a significant number of folders containing around 2407 pornographic images ./Gunning__J_15441_Web_decision.pdf- and/or videos; ./Gunning__J_15441_Web_decision.pdf- ./Gunning__J_15441_Web_decision.pdf:  three Microsoft Word documents containing pornographic references and text. ./Gunning__J_15441_Web_decision.pdf- ./Gunning__J_15441_Web_decision.pdf:The pornographic images and/or videos on his pen drive/USB included materials which ./Gunning__J_15441_Web_decision.pdf-could be deemed extreme and categorised as BDSM (bondage, domination, sado- ./Gunning__J_15441_Web_decision.pdf:masochism). There is no evidence that the pornographic images included images of ./Gunning__J_15441_Web_decision.pdf-children. The Suffolk Police Hi-Tech Crime Unit viewed the pen-drive and took no further ./Gunning__J_15441_Web_decision.pdf-action. ./Gunning__J_15441_Web_decision.pdf- ./Gunning__J_15441_Web_decision.pdf-On 20 May 2016 Mr Gunning was suspended from his role at the School pending an ./Gunning__J_15441_Web_decision.pdf-investigation into his conduct. When he was interviewed by the School, Mr Gunning ./Gunning__J_15441_Web_decision.pdf:confirmed that the pen drive belonged to him and that it contained pornographic images. ./Gunning__J_15441_Web_decision.pdf- ./Gunning__J_15441_Web_decision.pdf- ./Gunning__J_15441_Web_decision.pdf- ./Gunning__J_15441_Web_decision.pdf- ./Gunning__J_15441_Web_decision.pdf- 5 ./Gunning__J_15441_Web_decision.pdf- -- ./Gunning__J_15441_Web_decision.pdf-Findings of fact ./Gunning__J_15441_Web_decision.pdf-The panel's findings of fact are as follows: ./Gunning__J_15441_Web_decision.pdf- ./Gunning__J_15441_Web_decision.pdf-You failed to maintain appropriate professional standards whilst working as a ./Gunning__J_15441_Web_decision.pdf-teacher at Bungay High School ("the School") in that: ./Gunning__J_15441_Web_decision.pdf- ./Gunning__J_15441_Web_decision.pdf- 1. On 12 August 2016, he brought a pen drive/USB into the School which had ./Gunning__J_15441_Web_decision.pdf: stored on it pornographic images and/or videos including pornography ./Gunning__J_15441_Web_decision.pdf- which could be deemed extreme; ./Gunning__J_15441_Web_decision.pdf- ./Gunning__J_15441_Web_decision.pdf- 2. By his actions set out above he created a situation whereby the School's ./Gunning__J_15441_Web_decision.pdf: pupils could be exposed to viewing pornography/extreme pornography. ./Gunning__J_15441_Web_decision.pdf- ./Gunning__J_15441_Web_decision.pdf-Mr Gunning admits the alleged facts and has signed a Statement of Agreed Facts. The ./Gunning__J_15441_Web_decision.pdf-panel has also considered the School's investigation report, including the statements of ./Gunning__J_15441_Web_decision.pdf-Individual D, an English teacher and Individual E, the headteacher. ./Gunning__J_15441_Web_decision.pdf- ./Gunning__J_15441_Web_decision.pdf-Mr Gunning accepts that, by his actions set out above, he created a situation whereby ./Gunning__J_15441_Web_decision.pdf:the School's pupils could be exposed to viewing pornography, including pornography ./Gunning__J_15441_Web_decision.pdf-which could be deemed extreme. ./Gunning__J_15441_Web_decision.pdf- ./Gunning__J_15441_Web_decision.pdf-The panel finds the alleged facts proved. ./Gunning__J_15441_Web_decision.pdf- ./Gunning__J_15441_Web_decision.pdf-Findings as to unacceptable professional conduct and/or conduct that ./Gunning__J_15441_Web_decision.pdf-may bring the profession into disrepute ./Gunning__J_15441_Web_decision.pdf-Having found the allegation to have been proven, the panel has gone on to consider ./Gunning__J_15441_Web_decision.pdf-whether the facts of the proven allegation amounts to unacceptable professional conduct ./Gunning__J_15441_Web_decision.pdf-and/or conduct that may bring the profession into disrepute. ./Gunning__J_15441_Web_decision.pdf- -- ./Gunning__J_15441_Web_decision.pdf- ./Gunning__J_15441_Web_decision.pdf-The panel has considered the particular public interest considerations set out in the ./Gunning__J_15441_Web_decision.pdf-Advice and having done so has found a number of them to be relevant in this case, ./Gunning__J_15441_Web_decision.pdf-namely the protection of pupils, the maintenance of public confidence in the profession ./Gunning__J_15441_Web_decision.pdf-and declaring and upholding proper standards of conduct. The panel also acknowledged ./Gunning__J_15441_Web_decision.pdf-that there is a public interest in a teacher who is able to make a valuable contribution to ./Gunning__J_15441_Web_decision.pdf-the profession being able to continue in that profession. ./Gunning__J_15441_Web_decision.pdf- ./Gunning__J_15441_Web_decision.pdf-There is a strong public interest consideration in respect of the protection of pupils given ./Gunning__J_15441_Web_decision.pdf-that Mr Gunning's actions created a situation in which pupils potentially could have been ./Gunning__J_15441_Web_decision.pdf:exposed to pornographic material. ./Gunning__J_15441_Web_decision.pdf- ./Gunning__J_15441_Web_decision.pdf- ./Gunning__J_15441_Web_decision.pdf- ./Gunning__J_15441_Web_decision.pdf- 7 ./Gunning__J_15441_Web_decision.pdf- -- ./Gunning__J_15441_Web_decision.pdf-The evidence suggests that this was a one-off incident. ./Gunning__J_15441_Web_decision.pdf- ./Gunning__J_15441_Web_decision.pdf-The evidence also suggests that Mr Gunning's actions were not deliberate. The panel ./Gunning__J_15441_Web_decision.pdf-has reviewed the various positive testimonials by Mr Gunning's former colleagues, some ./Gunning__J_15441_Web_decision.pdf-of whom still work at the School. Mr Gunning has a previously good record at the School ./Gunning__J_15441_Web_decision.pdf-where he was employed for over 10 years since qualifying as a teacher. ./Gunning__J_15441_Web_decision.pdf- ./Gunning__J_15441_Web_decision.pdf:There is no evidence that the pornographic images included images of children and no ./Gunning__J_15441_Web_decision.pdf-police action was taken. The panel accepts Mr Gunning's explanation that he did not ./Gunning__J_15441_Web_decision.pdf-deliberately create a situation in which pupils might have been put at risk of exposure to ./Gunning__J_15441_Web_decision.pdf:pornography. Taking these points into account, the panel does not believe that there is a ./Gunning__J_15441_Web_decision.pdf-continuing risk to the education and/or well-being of pupils. ./Gunning__J_15441_Web_decision.pdf- ./Gunning__J_15441_Web_decision.pdf-The panel has taken account of the fact that its finding of unacceptable professional ./Gunning__J_15441_Web_decision.pdf-conduct and conduct that may bring the profession into disrepute conveys moral ./Gunning__J_15441_Web_decision.pdf-blameworthiness and is likely to affect his professional reputation. ./Gunning__J_15441_Web_decision.pdf- ./Gunning__J_15441_Web_decision.pdf-Taking all of these considerations into account, the panel is of the view that a prohibition ./Gunning__J_15441_Web_decision.pdf-order in relation to Mr Gunning is not necessary in order to protect the public interest. In ./Gunning__J_15441_Web_decision.pdf-the circumstances of this case, the panel is also of the view that there is a public interest ./Gunning__J_15441_Web_decision.pdf-in enabling Mr Gunning to continue in the profession where he is able to make a valuable -- ./Gunning__J_15441_Web_decision.pdf-I have given due regard to the fact that the panel has considered the particular public ./Gunning__J_15441_Web_decision.pdf-interest considerations set out in the Advice, and having done so has found a number of ./Gunning__J_15441_Web_decision.pdf-them to be relevant in this case, namely: the protection of pupils; the maintenance of ./Gunning__J_15441_Web_decision.pdf-public confidence in the profession and declaring and upholding proper standards of ./Gunning__J_15441_Web_decision.pdf-conduct. I have considered carefully that the panel also acknowledged that there is a ./Gunning__J_15441_Web_decision.pdf-public interest in a teacher who is able to make a valuable contribution to the profession ./Gunning__J_15441_Web_decision.pdf-being able to continue in that profession. ./Gunning__J_15441_Web_decision.pdf- ./Gunning__J_15441_Web_decision.pdf-I agree with the panel that there is a strong public interest consideration in respect of the ./Gunning__J_15441_Web_decision.pdf-protection of pupils given that Mr Gunning's actions created a situation in which pupils ./Gunning__J_15441_Web_decision.pdf:potentially could have been exposed to pornographic material. ./Gunning__J_15441_Web_decision.pdf- ./Gunning__J_15441_Web_decision.pdf-The panel is satisfied that the conduct of Mr Gunning in relation to the facts found proven ./Gunning__J_15441_Web_decision.pdf-potentially involved breaches of the Teachers’ Standards. The panel considers that by ./Gunning__J_15441_Web_decision.pdf-reference to Part Two, Mr Gunning is in breach of the following standards: ./Gunning__J_15441_Web_decision.pdf- ./Gunning__J_15441_Web_decision.pdf- ./Gunning__J_15441_Web_decision.pdf- ./Gunning__J_15441_Web_decision.pdf- 9 ./Gunning__J_15441_Web_decision.pdf- -- ./Gunning__J_15441_Web_decision.pdf-interests of Mr Gunning. ./Gunning__J_15441_Web_decision.pdf- ./Gunning__J_15441_Web_decision.pdf-I note that the panel, having given careful regard to the public interest, is not of the view ./Gunning__J_15441_Web_decision.pdf-that prohibition is a proportionate and appropriate response. ./Gunning__J_15441_Web_decision.pdf- ./Gunning__J_15441_Web_decision.pdf-The evidence suggests that Mr Gunning's actions were not deliberate, and I am aware of ./Gunning__J_15441_Web_decision.pdf-the panel’s view that Mr Gunning has a previously good record at the School where he ./Gunning__J_15441_Web_decision.pdf-was employed for over 10 years since qualifying as a teacher. ./Gunning__J_15441_Web_decision.pdf- ./Gunning__J_15441_Web_decision.pdf-The panel accepts Mr Gunning's explanation that he did not deliberately create a ./Gunning__J_15441_Web_decision.pdf:situation in which pupils might have been put at risk of exposure to pornography. I have ./Gunning__J_15441_Web_decision.pdf-given careful consideration to the panel’s view that they do not believe that there is a ./Gunning__J_15441_Web_decision.pdf-continuing risk to the education and/or well-being of pupils. ./Gunning__J_15441_Web_decision.pdf- ./Gunning__J_15441_Web_decision.pdf-I agree with the panel that its finding of unacceptable professional conduct and conduct ./Gunning__J_15441_Web_decision.pdf-that may bring the profession into disrepute conveys moral blameworthiness and is likely ./Gunning__J_15441_Web_decision.pdf-to affect Mr Gunning’s professional reputation. This finding in itself sends a sufficiently ./Gunning__J_15441_Web_decision.pdf-clear message to the profession, and clearly reinforces the standards expected of ./Gunning__J_15441_Web_decision.pdf-teachers, and supports the maintenance of public confidence in the profession. ./Gunning__J_15441_Web_decision.pdf- ./Gunning__J_15441_Web_decision.pdf- ./Hallatt__Anthony_-_Web_Decision.pdf-would play the game and try to retrieve the item from her hand. He described the contact ./Hallatt__Anthony_-_Web_Decision.pdf-that he would have with Pupil A during such games. He would perhaps be holding the ./Hallatt__Anthony_-_Web_Decision.pdf-wrist, and trying to open her fingers. He said that there had probably been occasions ./Hallatt__Anthony_-_Web_Decision.pdf-when there had been a bit of playing, pushing and shoving. He stated that he had a ./Hallatt__Anthony_-_Web_Decision.pdf-playful relationship with Pupil A which he believed to be innocent. He described this as ./Hallatt__Anthony_-_Web_Decision.pdf-being more playful than his relationship with other pupils, since that was the way that ./Hallatt__Anthony_-_Web_Decision.pdf-Pupil A found it easiest to communicate. He stated that he did not think he had ./Hallatt__Anthony_-_Web_Decision.pdf-encouraged it, but had not discouraged it. Later in the interview, he stated that there ./Hallatt__Anthony_-_Web_Decision.pdf-were times when he discouraged Pupil A as she had been too playful. ./Hallatt__Anthony_-_Web_Decision.pdf- ./Hallatt__Anthony_-_Web_Decision.pdf:Mr Hallatt, in his police interview, denied having any sexual inclination towards Pupil A. ./Hallatt__Anthony_-_Web_Decision.pdf-He might have pushed her lower back, or bottom, but inadvertently and gave the ./Hallatt__Anthony_-_Web_Decision.pdf-example of pushing her away to stop her from falling. He also stated that he may have ./Hallatt__Anthony_-_Web_Decision.pdf-touched her stomach when he had been trying to take something from her. He could not ./Hallatt__Anthony_-_Web_Decision.pdf-recall touching Pupil A’s bottom, intentionally. He accepted that a colleague had ./Hallatt__Anthony_-_Web_Decision.pdf-suggested 2 – 3 months previously that Pupil A should be steered away from his room. ./Hallatt__Anthony_-_Web_Decision.pdf-At the end of the interview he stated that he did now realise that the boundaries with ./Hallatt__Anthony_-_Web_Decision.pdf-Pupil A were not right. ./Hallatt__Anthony_-_Web_Decision.pdf- ./Hallatt__Anthony_-_Web_Decision.pdf-During the Head teacher’s interview with Mr Hallatt on 18 November 2011, the transcript ./Hallatt__Anthony_-_Web_Decision.pdf-of that interview states that Mr Hallatt said that, as far as he knew, he had not placed his ./Hall_Nicholas_web_SoS_decision.pdf- student made a comment about taking drugs ./Hall_Nicholas_web_SoS_decision.pdf- ./Hall_Nicholas_web_SoS_decision.pdf- 4. he attended a Britain First (an extremist right wing group) public march on ./Hall_Nicholas_web_SoS_decision.pdf- one or more occasions ./Hall_Nicholas_web_SoS_decision.pdf- ./Hall_Nicholas_web_SoS_decision.pdf- 5. he expressed anti-Islamic views to a colleague ./Hall_Nicholas_web_SoS_decision.pdf- ./Hall_Nicholas_web_SoS_decision.pdf- 6. he posted messages on a social media site which could have been deemed ./Hall_Nicholas_web_SoS_decision.pdf- intolerant of other faiths and/or beliefs ./Hall_Nicholas_web_SoS_decision.pdf- ./Hall_Nicholas_web_SoS_decision.pdf: 7. he accessed pornography on the college laptop, contrary to policy ./Hall_Nicholas_web_SoS_decision.pdf- ./Hall_Nicholas_web_SoS_decision.pdf-In the agreed statement of facts, Mr Hall admitted the facts of the allegations and that ./Hall_Nicholas_web_SoS_decision.pdf-they amounted to unacceptable professional conduct and conduct which may bring the ./Hall_Nicholas_web_SoS_decision.pdf-profession into disrepute. ./Hall_Nicholas_web_SoS_decision.pdf- ./Hall_Nicholas_web_SoS_decision.pdf-C. Preliminary applications ./Hall_Nicholas_web_SoS_decision.pdf-Whilst there were no preliminary applications, the panel considered at the outset whether ./Hall_Nicholas_web_SoS_decision.pdf-the allegation should be considered at a public hearing which the parties would be entitled ./Hall_Nicholas_web_SoS_decision.pdf-to attend, or a private meeting without the parties present. The panel considered the ./Hall_Nicholas_web_SoS_decision.pdf-interests of justice; Mr Hall had requested a meeting; the facts of the allegations have been -- ./Hall_Nicholas_web_SoS_decision.pdf-On 18 December 2015 Mr Hall allegedly failed to take appropriate action and follow ./Hall_Nicholas_web_SoS_decision.pdf-College policy when a student made a comment about taking drugs. Additionally, Mr Hall ./Hall_Nicholas_web_SoS_decision.pdf-has allegedly expressed anti-Islamic views to a colleague and has allegedly posted ./Hall_Nicholas_web_SoS_decision.pdf-messages on Facebook which could have been deemed intolerant of other faiths and ./Hall_Nicholas_web_SoS_decision.pdf:beliefs. Mr Hall is also said to have accessed pornography on a College laptop contrary ./Hall_Nicholas_web_SoS_decision.pdf-to college policy. ./Hall_Nicholas_web_SoS_decision.pdf- ./Hall_Nicholas_web_SoS_decision.pdf-On 7 January 2016 Mr Hall was suspended from the College and a LADO strategy ./Hall_Nicholas_web_SoS_decision.pdf-meeting was held on 19 January 2016. Mr Hall resigned from his position at the College ./Hall_Nicholas_web_SoS_decision.pdf-on 29 January 2016. ./Hall_Nicholas_web_SoS_decision.pdf- ./Hall_Nicholas_web_SoS_decision.pdf-Findings of fact ./Hall_Nicholas_web_SoS_decision.pdf-Our findings of fact are as follows: ./Hall_Nicholas_web_SoS_decision.pdf- ./Hall_Nicholas_web_SoS_decision.pdf-We have found the following particulars of the allegation(s) against you, Mr Hall, proven -- ./Hall_Nicholas_web_SoS_decision.pdf-(the “College”): ./Hall_Nicholas_web_SoS_decision.pdf- ./Hall_Nicholas_web_SoS_decision.pdf- 1. In 2012, you allowed a group of year 8 pupils to watch an 18 certificate film ./Hall_Nicholas_web_SoS_decision.pdf- which contained swearing and/or reference to drug use ./Hall_Nicholas_web_SoS_decision.pdf- ./Hall_Nicholas_web_SoS_decision.pdf- Mr Hall admitted this allegation in the agreed statement of facts signed by him on ./Hall_Nicholas_web_SoS_decision.pdf- 15 August 2016 (pages 13 to 17). The panel noted that this admission is ./Hall_Nicholas_web_SoS_decision.pdf- consistent with other evidence contained within the bundle of papers. The bundle ./Hall_Nicholas_web_SoS_decision.pdf- includes a letter to the College, dated 30 July 2012, from the Reverend of a church ./Hall_Nicholas_web_SoS_decision.pdf- local to the College, explaining that he has received a complaint that an 18 ./Hall_Nicholas_web_SoS_decision.pdf: certificate film “of extremely crude and sexual nature” was shown in the College to ./Hall_Nicholas_web_SoS_decision.pdf- 12 / 13 year old children. Additionally, the panel noted the document at page 42 of ./Hall_Nicholas_web_SoS_decision.pdf- the bundle which records the account of children from Mr Hall’s class, further ./Hall_Nicholas_web_SoS_decision.pdf- evidencing this allegation. ./Hall_Nicholas_web_SoS_decision.pdf- ./Hall_Nicholas_web_SoS_decision.pdf- The panel was therefore satisfied that this allegation was proven. ./Hall_Nicholas_web_SoS_decision.pdf- ./Hall_Nicholas_web_SoS_decision.pdf- 2. In or around 2014 / 2015 you worked as a security guard whilst off work on ./Hall_Nicholas_web_SoS_decision.pdf- sick leave ./Hall_Nicholas_web_SoS_decision.pdf- ./Hall_Nicholas_web_SoS_decision.pdf- Mr Hall admitted this allegation in the agreed statement of facts signed by him on -- ./Hall_Nicholas_web_SoS_decision.pdf- ./Hall_Nicholas_web_SoS_decision.pdf- Mr Hall admitted this allegation in the agreed statement of facts signed by him on ./Hall_Nicholas_web_SoS_decision.pdf- 15 August 2016 (pages 13 to 17). The panel found that this admission is ./Hall_Nicholas_web_SoS_decision.pdf- consistent with the evidence in the bundle of papers, particularly the documents ./Hall_Nicholas_web_SoS_decision.pdf- at pages 31 – 34 of the bundle, which set out a series of comments made on ./Hall_Nicholas_web_SoS_decision.pdf- social media. The comments appear to have been made by Mr Hall, and clearly ./Hall_Nicholas_web_SoS_decision.pdf- demonstrate a vociferous attack on the Islamic faith across a string of messages. ./Hall_Nicholas_web_SoS_decision.pdf- ./Hall_Nicholas_web_SoS_decision.pdf- The panel was therefore satisfied that this allegation was proven. ./Hall_Nicholas_web_SoS_decision.pdf- ./Hall_Nicholas_web_SoS_decision.pdf:7. You accessed pornography on the college laptop, contrary to policy ./Hall_Nicholas_web_SoS_decision.pdf- ./Hall_Nicholas_web_SoS_decision.pdf- Mr Hall admitted this allegation in the agreed statement of facts signed by him on ./Hall_Nicholas_web_SoS_decision.pdf- 15 August 2016 (pages 13 to 17). Additionally, the panel found that this admission ./Hall_Nicholas_web_SoS_decision.pdf- is consistent with the evidence at page 50 of the bundle which sets out Mr Hall’s ./Hall_Nicholas_web_SoS_decision.pdf- internet search history and indicates that Mr Hall accessed a variety of ./Hall_Nicholas_web_SoS_decision.pdf- ./Hall_Nicholas_web_SoS_decision.pdf- ./Hall_Nicholas_web_SoS_decision.pdf- 7 ./Hall_Nicholas_web_SoS_decision.pdf- -- ./Hall_Nicholas_web_SoS_decision.pdf: pornographic websites on 15 July 2012. Whilst the internet search history at page ./Hall_Nicholas_web_SoS_decision.pdf- 50 does not clearly show that such websites were viewed on a College laptop, the ./Hall_Nicholas_web_SoS_decision.pdf- panel concluded that the information at page 50 is persuasive, when taken along ./Hall_Nicholas_web_SoS_decision.pdf- side Mr Hall’s admission of this allegation. ./Hall_Nicholas_web_SoS_decision.pdf- ./Hall_Nicholas_web_SoS_decision.pdf- The panel was therefore satisfied that this allegation was proven. ./Hall_Nicholas_web_SoS_decision.pdf- ./Hall_Nicholas_web_SoS_decision.pdf-We have found the following particulars of the allegation(s) against you not proven, for ./Hall_Nicholas_web_SoS_decision.pdf-these reasons: ./Hall_Nicholas_web_SoS_decision.pdf- ./Hall_Nicholas_web_SoS_decision.pdf- 5. You expressed anti-Islamic views to a colleague ./Hanson__Robert_SoS_Decision.pdf-Allegations ./Hanson__Robert_SoS_Decision.pdf-The panel considered the allegation set out in the notice of meeting dated 9 August 2021. ./Hanson__Robert_SoS_Decision.pdf- ./Hanson__Robert_SoS_Decision.pdf-It was alleged that Mr Hanson was guilty of having been convicted of a relevant offence, ./Hanson__Robert_SoS_Decision.pdf-in that: ./Hanson__Robert_SoS_Decision.pdf- ./Hanson__Robert_SoS_Decision.pdf-On or around 17 April 2020 he was convicted of the offence of grooming and having ./Hanson__Robert_SoS_Decision.pdf:sexual intercourse with [REDACTED] for which he received a 4 year prison sentence, a ./Hanson__Robert_SoS_Decision.pdf:15 year Sexual Harm Prevention Order and ordered to register as a sex offender ./Hanson__Robert_SoS_Decision.pdf-indefinitely. ./Hanson__Robert_SoS_Decision.pdf- ./Hanson__Robert_SoS_Decision.pdf-Mr Hanson has admitted the facts alleged. Mr Hanson further accepts that the allegations ./Hanson__Robert_SoS_Decision.pdf-amount to a conviction of a relevant offence. ./Hanson__Robert_SoS_Decision.pdf- ./Hanson__Robert_SoS_Decision.pdf- ./Hanson__Robert_SoS_Decision.pdf-Preliminary applications ./Hanson__Robert_SoS_Decision.pdf-There were no preliminary applications. ./Hanson__Robert_SoS_Decision.pdf- ./Hanson__Robert_SoS_Decision.pdf- -- ./Hanson__Robert_SoS_Decision.pdf- ./Hanson__Robert_SoS_Decision.pdf-The panel proceeded to carefully consider the case, having read all the documents, and ./Hanson__Robert_SoS_Decision.pdf-reached a decision. ./Hanson__Robert_SoS_Decision.pdf- ./Hanson__Robert_SoS_Decision.pdf-On 19 April 2019, Mr Hanson attended a gaming convention at the Birmingham NEC ./Hanson__Robert_SoS_Decision.pdf-arena. At that convention, Mr Hanson accepts that he was involved in a game of ./Hanson__Robert_SoS_Decision.pdf-"guessing the ages" of the participants. During the game, Mr Hanson learned that one of ./Hanson__Robert_SoS_Decision.pdf-the children, referred to as Pupil A was [REDACTED]. Mr Hanson admits that following ./Hanson__Robert_SoS_Decision.pdf-the convention, he communicated with Pupil A via text message and social media. Mr ./Hanson__Robert_SoS_Decision.pdf-Hanson admits that during those conversations he and Pupil A discussed being together ./Hanson__Robert_SoS_Decision.pdf:and having sexual intercourse. Mr Hanson admits that he purchased a train ticket for ./Hanson__Robert_SoS_Decision.pdf-Pupil A allowing [REDACTED]to travel to Bristol where Mr Hanson lived. He admits to ./Hanson__Robert_SoS_Decision.pdf-meeting Pupil A in Bristol on 25 May 2019. He admits that on 25 May 2019, he and Pupil ./Hanson__Robert_SoS_Decision.pdf:A had sexual intercourse. ./Hanson__Robert_SoS_Decision.pdf- ./Hanson__Robert_SoS_Decision.pdf:On 3 June 2019, Mr Hanson was arrested on suspicion of sexual activity with a ./Hanson__Robert_SoS_Decision.pdf-[REDACTED]. Mr Hanson was subsequently charged with two offences contrary to the ./Hanson__Robert_SoS_Decision.pdf-Sexual Offences Act 2003, namely: ./Hanson__Robert_SoS_Decision.pdf- ./Hanson__Robert_SoS_Decision.pdf-1. Meeting a [REDACTED]under 16 years of age following grooming; ./Hanson__Robert_SoS_Decision.pdf- ./Hanson__Robert_SoS_Decision.pdf:2. Engaging in penetrative sexual activity with [REDACTED], contrary to the Sexual ./Hanson__Robert_SoS_Decision.pdf-Offences Act 2003, s.9 and s.13. ./Hanson__Robert_SoS_Decision.pdf- ./Hanson__Robert_SoS_Decision.pdf-On 24 March 2020, Mr Hanson pleaded guilty to the two offences. Mr Hanson was ./Hanson__Robert_SoS_Decision.pdf-sentenced on 17 April 2020. ./Hanson__Robert_SoS_Decision.pdf- ./Hanson__Robert_SoS_Decision.pdf-Mr Hanson had been employed as a teacher at the relevant time of the offence. ./Hanson__Robert_SoS_Decision.pdf- ./Hanson__Robert_SoS_Decision.pdf- 5 ./Hanson__Robert_SoS_Decision.pdf- -- ./Hanson__Robert_SoS_Decision.pdf-Findings of fact ./Hanson__Robert_SoS_Decision.pdf- ./Hanson__Robert_SoS_Decision.pdf-The findings of fact are as follows: ./Hanson__Robert_SoS_Decision.pdf- ./Hanson__Robert_SoS_Decision.pdf-On or around 17 April 2020 you were convicted of the offence of grooming and having ./Hanson__Robert_SoS_Decision.pdf:sexual intercourse with [REDACTED] for which you received a 4 year prison sentence, a ./Hanson__Robert_SoS_Decision.pdf:15 year Sexual Harm Prevention Order and ordered to register as a sex offender ./Hanson__Robert_SoS_Decision.pdf-indefinitely. ./Hanson__Robert_SoS_Decision.pdf- ./Hanson__Robert_SoS_Decision.pdf-The panel was provided with a copy of the certificate of conviction dated 2 February 2021 ./Hanson__Robert_SoS_Decision.pdf-which confirmed Mr Hanson's conviction in respect of the above offences. ./Hanson__Robert_SoS_Decision.pdf- ./Hanson__Robert_SoS_Decision.pdf-The allegation was admitted and was supported by evidence presented to the panel ./Hanson__Robert_SoS_Decision.pdf-within the bundle, the allegation was therefore, found proved. ./Hanson__Robert_SoS_Decision.pdf- ./Hanson__Robert_SoS_Decision.pdf-Findings as to conviction of a relevant offence ./Hanson__Robert_SoS_Decision.pdf- -- ./Hanson__Robert_SoS_Decision.pdf-proportionate measure, and whether it would be in the public interest to do so. Prohibition ./Hanson__Robert_SoS_Decision.pdf-orders should not be given in order to be punitive, or to show that blame has been ./Hanson__Robert_SoS_Decision.pdf-apportioned, although they are likely to have punitive effect. ./Hanson__Robert_SoS_Decision.pdf- ./Hanson__Robert_SoS_Decision.pdf-The panel had regard to the particular public interest considerations set out in the Advice ./Hanson__Robert_SoS_Decision.pdf-and, having done so, found a number of them to be relevant in this case, namely the ./Hanson__Robert_SoS_Decision.pdf-protection of pupils/the protection of other members of the public/the maintenance of ./Hanson__Robert_SoS_Decision.pdf-public confidence in the profession/declaring and upholding proper standards of conduct. ./Hanson__Robert_SoS_Decision.pdf- ./Hanson__Robert_SoS_Decision.pdf-In the light of the panel’s findings against Mr Hanson, which involved grooming and ./Hanson__Robert_SoS_Decision.pdf:having sexual intercourse with a child, there was a strong public interest consideration in ./Hanson__Robert_SoS_Decision.pdf-respect of the protection of pupils given the serious findings of inappropriate relationships ./Hanson__Robert_SoS_Decision.pdf-with children. ./Hanson__Robert_SoS_Decision.pdf- ./Hanson__Robert_SoS_Decision.pdf-Similarly, the panel considered that public confidence in the profession could be seriously ./Hanson__Robert_SoS_Decision.pdf-weakened if conduct such as that found against Mr Hanson were not treated with the ./Hanson__Robert_SoS_Decision.pdf-utmost seriousness when regulating the conduct of the profession. ./Hanson__Robert_SoS_Decision.pdf- ./Hanson__Robert_SoS_Decision.pdf- ./Hanson__Robert_SoS_Decision.pdf- 7 ./Hanson__Robert_SoS_Decision.pdf- -- ./Hanson__Robert_SoS_Decision.pdf- ./Hanson__Robert_SoS_Decision.pdf-  serious departure from the personal and professional conduct elements of the ./Hanson__Robert_SoS_Decision.pdf- Teachers’ Standards; ./Hanson__Robert_SoS_Decision.pdf- ./Hanson__Robert_SoS_Decision.pdf-  misconduct seriously affecting the well-being of pupils, and particularly where ./Hanson__Robert_SoS_Decision.pdf- there is a continuing risk; ./Hanson__Robert_SoS_Decision.pdf- ./Hanson__Robert_SoS_Decision.pdf-  abuse of position or trust (particularly involving vulnerable pupils) or violation of the ./Hanson__Robert_SoS_Decision.pdf- rights of pupils; ./Hanson__Robert_SoS_Decision.pdf- ./Hanson__Robert_SoS_Decision.pdf:  sexual misconduct, for example, involving actions that were sexually motivated or ./Hanson__Robert_SoS_Decision.pdf: of a sexual nature and/or that use or exploit the trust, knowledge or influence ./Hanson__Robert_SoS_Decision.pdf- derived from the individual’s professional position; ./Hanson__Robert_SoS_Decision.pdf- ./Hanson__Robert_SoS_Decision.pdf-  the commission of a serious criminal offence, including those that resulted in a ./Hanson__Robert_SoS_Decision.pdf- conviction or caution, paying particular attention to offences that are ‘relevant ./Hanson__Robert_SoS_Decision.pdf- matters’ for the purposes of The Police Act 1997 and criminal record disclosures. ./Hanson__Robert_SoS_Decision.pdf- ./Hanson__Robert_SoS_Decision.pdf-Even though some of the behaviour found proved in this case indicated that a prohibition ./Hanson__Robert_SoS_Decision.pdf-order would be appropriate, the panel went on to consider the mitigating factors. ./Hanson__Robert_SoS_Decision.pdf-Mitigating factors may indicate that a prohibition order would not be appropriate or ./Hanson__Robert_SoS_Decision.pdf-proportionate. ./Hanson__Robert_SoS_Decision.pdf- ./Hanson__Robert_SoS_Decision.pdf-In the light of the panel’s findings, there was evidence that Mr Hanson's actions were ./Hanson__Robert_SoS_Decision.pdf-deliberate and there was no evidence to show that he was acting under duress. The ./Hanson__Robert_SoS_Decision.pdf:panel found Mr Hanson's actions to be calculated and sexually motivated. ./Hanson__Robert_SoS_Decision.pdf- ./Hanson__Robert_SoS_Decision.pdf-The panel was not provided with any evidence in respect of Mr Hanson's ability as a ./Hanson__Robert_SoS_Decision.pdf-qualified teacher. The panel was not presented with any documentation relevant to ./Hanson__Robert_SoS_Decision.pdf-mitigation and it was unable to consider any mitigating circumstances that may have ./Hanson__Robert_SoS_Decision.pdf-been present. The panel was satisfied that Mr Hanson had been given the opportunity to ./Hanson__Robert_SoS_Decision.pdf-present any evidence of mitigating circumstances, but that he had chosen not to do so. ./Hanson__Robert_SoS_Decision.pdf- ./Hanson__Robert_SoS_Decision.pdf- ./Hanson__Robert_SoS_Decision.pdf- ./Hanson__Robert_SoS_Decision.pdf- 8 -- ./Hanson__Robert_SoS_Decision.pdf-immediate effect. ./Hanson__Robert_SoS_Decision.pdf- ./Hanson__Robert_SoS_Decision.pdf-The panel went on to consider whether or not it would be appropriate to recommend that ./Hanson__Robert_SoS_Decision.pdf-a review period of the order should be considered. The panel was mindful that the Advice ./Hanson__Robert_SoS_Decision.pdf-states that a prohibition order applies for life, but there may be circumstances, in any ./Hanson__Robert_SoS_Decision.pdf-given case, that may make it appropriate to allow a teacher to apply to have the ./Hanson__Robert_SoS_Decision.pdf-prohibition order reviewed after a specified period of time that may not be less than 2 ./Hanson__Robert_SoS_Decision.pdf-years. ./Hanson__Robert_SoS_Decision.pdf- ./Hanson__Robert_SoS_Decision.pdf-The Advice indicates that there are behaviours that, if proved, would mitigate against the ./Hanson__Robert_SoS_Decision.pdf:recommendation of a review period. One of these behaviours includes serious sexual ./Hanson__Robert_SoS_Decision.pdf:misconduct, such as where the act was sexually motivated and resulted in or had the ./Hanson__Robert_SoS_Decision.pdf-potential to result in, harm to a person or persons, particularly where the individual has ./Hanson__Robert_SoS_Decision.pdf-used his professional position to influence or exploit a person or persons. The panel ./Hanson__Robert_SoS_Decision.pdf:found that Mr Hanson was responsible for grooming and subsequently having sexual ./Hanson__Robert_SoS_Decision.pdf-intercourse with a child, which clearly links to the behaviours in which no review period is ./Hanson__Robert_SoS_Decision.pdf-recommended. ./Hanson__Robert_SoS_Decision.pdf- ./Hanson__Robert_SoS_Decision.pdf-There is little evidence to support remorse and insight towards the victim on behalf of Mr ./Hanson__Robert_SoS_Decision.pdf-Hanson. ./Hanson__Robert_SoS_Decision.pdf- ./Hanson__Robert_SoS_Decision.pdf-The panel decided that the findings indicated a situation in which a review period would ./Hanson__Robert_SoS_Decision.pdf-not be appropriate and, as such, decided that it would be proportionate in all the ./Hanson__Robert_SoS_Decision.pdf-circumstances for the prohibition order to be recommended without provisions for a ./Hanson__Robert_SoS_Decision.pdf-review period. -- ./Hanson__Robert_SoS_Decision.pdf- and at all times observing proper boundaries appropriate to a teacher’s ./Hanson__Robert_SoS_Decision.pdf- professional position ./Hanson__Robert_SoS_Decision.pdf- ./Hanson__Robert_SoS_Decision.pdf- o having regard for the need to safeguard pupils’ well-being, in accordance ./Hanson__Robert_SoS_Decision.pdf- with statutory provisions ./Hanson__Robert_SoS_Decision.pdf- ./Hanson__Robert_SoS_Decision.pdf-  Teachers must have an understanding of, and always act within, the statutory ./Hanson__Robert_SoS_Decision.pdf- frameworks which set out their professional duties and responsibilities. ./Hanson__Robert_SoS_Decision.pdf- ./Hanson__Robert_SoS_Decision.pdf-The findings of misconduct are particularly serious as they include a conviction for, “the ./Hanson__Robert_SoS_Decision.pdf:offence of grooming and having sexual intercourse with [REDACTED] for which you ./Hanson__Robert_SoS_Decision.pdf-received a 4 year prison sentence, a 15 year Sexual Harm Prevention Order and ordered ./Hanson__Robert_SoS_Decision.pdf:to register as a sex offender indefinitely.” ./Hanson__Robert_SoS_Decision.pdf- ./Hanson__Robert_SoS_Decision.pdf-I have to determine whether the imposition of a prohibition order is proportionate and in ./Hanson__Robert_SoS_Decision.pdf-the public interest. In considering that for this case, I have considered the overall aim of a ./Hanson__Robert_SoS_Decision.pdf-prohibition order which is to protect pupils and to maintain public confidence in the ./Hanson__Robert_SoS_Decision.pdf-profession. I have considered the extent to which a prohibition order in this case would ./Hanson__Robert_SoS_Decision.pdf-achieve that aim taking into account the impact that it will have on the individual teacher. ./Hanson__Robert_SoS_Decision.pdf-I have also asked myself, whether a less intrusive measure, such as the published ./Hanson__Robert_SoS_Decision.pdf-finding of unacceptable professional conduct and conduct that may bring the profession ./Hanson__Robert_SoS_Decision.pdf-into disrepute, would itself be sufficient to achieve the overall aim. I have to consider ./Hanson__Robert_SoS_Decision.pdf-whether the consequences of such a publication are themselves sufficient. I have -- ./Hanson__Robert_SoS_Decision.pdf-In this case, I have considered the extent to which a prohibition order would protect ./Hanson__Robert_SoS_Decision.pdf-children. The panel has observed, “that Mr Hanson was responsible for grooming and ./Hanson__Robert_SoS_Decision.pdf:subsequently having sexual intercourse with a child”. A prohibition order would therefore ./Hanson__Robert_SoS_Decision.pdf-prevent such a risk from being present in the future. ./Hanson__Robert_SoS_Decision.pdf- ./Hanson__Robert_SoS_Decision.pdf-I have also taken into account the panel’s comments on insight and remorse, which the ./Hanson__Robert_SoS_Decision.pdf-panel sets out as follows, “The panel was satisfied that Mr Hanson had been given the ./Hanson__Robert_SoS_Decision.pdf-opportunity to present any evidence of mitigating circumstances, but that he had chosen ./Hanson__Robert_SoS_Decision.pdf-not to do so. ./Hanson__Robert_SoS_Decision.pdf- ./Hanson__Robert_SoS_Decision.pdf-As noted earlier, Mr Hanson has not demonstrated any insight in to his actions and has ./Hanson__Robert_SoS_Decision.pdf-not demonstrated any remorse towards the victim.” ./Hanson__Robert_SoS_Decision.pdf- ./Hanson__Robert_SoS_Decision.pdf-In my judgement, the lack of insight and remorse means that there is some risk of the ./Hanson__Robert_SoS_Decision.pdf-repetition of this behaviour and this puts at risk the future well being of pupils, even taking ./Hanson__Robert_SoS_Decision.pdf-into account that the victim in this case was not a pupil of Mr Hanson. I have therefore ./Hanson__Robert_SoS_Decision.pdf-given this element considerable weight in reaching my decision. ./Hanson__Robert_SoS_Decision.pdf- ./Hanson__Robert_SoS_Decision.pdf-I have gone on to consider the extent to which a prohibition order would maintain public ./Hanson__Robert_SoS_Decision.pdf-confidence in the profession. The panel observe, “a strong public interest consideration in ./Hanson__Robert_SoS_Decision.pdf-declaring proper standards of conduct in the profession was also present as the conduct ./Hanson__Robert_SoS_Decision.pdf-found against Mr Hanson was outside that which could reasonably be tolerated.” ./Hanson__Robert_SoS_Decision.pdf- ./Hanson__Robert_SoS_Decision.pdf:I am particularly mindful of the finding of a conviction for sexual intercourse with a 14 ./Hanson__Robert_SoS_Decision.pdf-year old in this case and the impact that such a finding has on the reputation of the ./Hanson__Robert_SoS_Decision.pdf-profession. ./Hanson__Robert_SoS_Decision.pdf- ./Hanson__Robert_SoS_Decision.pdf-I have had to consider that the public has a high expectation of professional standards of ./Hanson__Robert_SoS_Decision.pdf-all teachers and that the public might regard a failure to impose a prohibition order as a ./Hanson__Robert_SoS_Decision.pdf-failure to uphold those high standards. In weighing these considerations, I have had to ./Hanson__Robert_SoS_Decision.pdf-consider the matter from the point of view of an “ordinary intelligent and well-informed ./Hanson__Robert_SoS_Decision.pdf-citizen.” ./Hanson__Robert_SoS_Decision.pdf- ./Hanson__Robert_SoS_Decision.pdf-I have considered whether the publication of a finding of a relevant conviction, in the -- ./Hanson__Robert_SoS_Decision.pdf-In this case, I have placed considerable weight on the panel’s comments concerning the ./Hanson__Robert_SoS_Decision.pdf-lack of insight or remorse. ./Hanson__Robert_SoS_Decision.pdf- ./Hanson__Robert_SoS_Decision.pdf-I have also placed considerable weight on the finding of the panel that Mr Hanson, “was ./Hanson__Robert_SoS_Decision.pdf:responsible for grooming and subsequently having sexual intercourse with a child.” ./Hanson__Robert_SoS_Decision.pdf- ./Hanson__Robert_SoS_Decision.pdf-I have given less weight in my consideration of sanction therefore, to the contribution that ./Hanson__Robert_SoS_Decision.pdf-Mr Hanson has made to the profession. In my view, it is necessary to impose a ./Hanson__Robert_SoS_Decision.pdf-prohibition order in order to maintain public confidence in the profession. A published ./Hanson__Robert_SoS_Decision.pdf-decision, in light of the circumstances in this case, that is not backed up by remorse or ./Hanson__Robert_SoS_Decision.pdf-insight, does not in my view satisfy the public interest requirement concerning public ./Hanson__Robert_SoS_Decision.pdf-confidence in the profession. ./Hanson__Robert_SoS_Decision.pdf- ./Hanson__Robert_SoS_Decision.pdf-For these reasons, I have concluded that a prohibition order is proportionate and in the ./Hanson__Robert_SoS_Decision.pdf-public interest in order to achieve the intended aims of a prohibition order. ./Hanson__Robert_SoS_Decision.pdf- ./Hanson__Robert_SoS_Decision.pdf-I have gone on to consider the matter of a review period. In this case, the panel has ./Hanson__Robert_SoS_Decision.pdf-recommended that no provision should be made for a review period. ./Hanson__Robert_SoS_Decision.pdf- ./Hanson__Robert_SoS_Decision.pdf-I have considered the panel’s comments “Mr Hanson was responsible for grooming and ./Hanson__Robert_SoS_Decision.pdf:subsequently having sexual intercourse with a child, which clearly links to the behaviours ./Hanson__Robert_SoS_Decision.pdf-in which no review period is recommended.” ./Hanson__Robert_SoS_Decision.pdf- ./Hanson__Robert_SoS_Decision.pdf-I have considered whether allowing for a no review period reflects the seriousness of the ./Hanson__Robert_SoS_Decision.pdf-findings and is necessary and proportionate to achieve the aim of maintaining public ./Hanson__Robert_SoS_Decision.pdf-confidence in the profession. In this case, the factors which mean that a no review is ./Hanson__Robert_SoS_Decision.pdf-necessary and proportionate and in the public interest are the serious nature of the ./Hanson__Robert_SoS_Decision.pdf-convictions and the lack of insight and remorse. ./Hanson__Robert_SoS_Decision.pdf- ./Hanson__Robert_SoS_Decision.pdf-I consider therefore that allowing for a no review period is necessary to maintain public ./Hanson__Robert_SoS_Decision.pdf-confidence and is proportionate and in the public interest. ./harfield_emma_jane_-_web_decision.pdf-may make it appropriate to allow a teacher to apply to have the prohibition order ./harfield_emma_jane_-_web_decision.pdf-reviewed after a specified period of time that may not be less than two years. ./harfield_emma_jane_-_web_decision.pdf- ./harfield_emma_jane_-_web_decision.pdf-In terms of insight shown by Ms Harfield, whilst Ms Harfield has not attended the hearing ./harfield_emma_jane_-_web_decision.pdf-today, the statement from her NUT representative says that “Emma is becoming more ./harfield_emma_jane_-_web_decision.pdf-aware of the inappropriate behaviour she was involved in as her treatment continues and ./harfield_emma_jane_-_web_decision.pdf-has accepted that this was not suitable behaviour for a teacher”. ./harfield_emma_jane_-_web_decision.pdf- ./harfield_emma_jane_-_web_decision.pdf-The Teacher Misconduct – Prohibition of Teachers Advice indicates that there are ./harfield_emma_jane_-_web_decision.pdf-behaviours that, if proven, would militate against a review period being recommended. ./harfield_emma_jane_-_web_decision.pdf:One of these behaviours is serious sexual misconduct. The Panel has found that Ms ./harfield_emma_jane_-_web_decision.pdf-Harfield did kiss Pupil A on two occasions. These were not friendly greetings, but were ./harfield_emma_jane_-_web_decision.pdf-described by Pupil B, who witnessed the kiss, as being “not a quick peck on the lips, but ./harfield_emma_jane_-_web_decision.pdf-a proper kiss”. At a safeguarding meeting on 18 May 2011, attended by representatives ./harfield_emma_jane_-_web_decision.pdf-from the school, Social Services and the police, a member of the Child Abuse ./harfield_emma_jane_-_web_decision.pdf-Investigation Unit also said that during the course of the police investigation Pupil A had ./harfield_emma_jane_-_web_decision.pdf-“mentioned kissing on the cheek and once on the lips with tongues”. The Panel has also ./harfield_emma_jane_-_web_decision.pdf-found that Ms Harfield shared a bed with Pupil A and Pupil B on at least one occasion, ./harfield_emma_jane_-_web_decision.pdf-and with Pupil A on another, separate occasion. The Panel considers that this behaviour ./harfield_emma_jane_-_web_decision.pdf:represents sexual misconduct. ./harfield_emma_jane_-_web_decision.pdf- ./harfield_emma_jane_-_web_decision.pdf-The Panel does consider the findings, particularly taken as a whole, to be extremely ./harfield_emma_jane_-_web_decision.pdf-serious. The Panel finds that Ms Harfield’s behaviour constitutes a clear breach of ./harfield_emma_jane_-_web_decision.pdf-professional standards. It is a fundamental tenet of the teaching profession that ./harfield_emma_jane_-_web_decision.pdf-boundaries with students be established and maintained at all times. ./harfield_emma_jane_-_web_decision.pdf- ./harfield_emma_jane_-_web_decision.pdf-Therefore, the Panel felt the findings indicated a situation in which a review period would ./harfield_emma_jane_-_web_decision.pdf-not be appropriate and as such decided that it would be proportionate in all the ./harfield_emma_jane_-_web_decision.pdf-circumstances for the Prohibition Order to be recommended without provisions for a ./harfield_emma_jane_-_web_decision.pdf-review period. -- ./harfield_emma_jane_-_web_decision.pdf-considered whether it would be both proportionate and in the public interest, ./harfield_emma_jane_-_web_decision.pdf-taking account that a prohibition order should not be given in order to be punitive ./harfield_emma_jane_-_web_decision.pdf-although such sanction is likely to have a punitive effect. ./harfield_emma_jane_-_web_decision.pdf- ./harfield_emma_jane_-_web_decision.pdf-The panel are satisfied that Ms Harfield’s actions were deliberate and that she ./harfield_emma_jane_-_web_decision.pdf-ignored the advice of colleagues. In all the circumstances I agree with the panel’s ./harfield_emma_jane_-_web_decision.pdf-recommendation that a prohibition order is both appropriate and proportionate. ./harfield_emma_jane_-_web_decision.pdf- ./harfield_emma_jane_-_web_decision.pdf-The panel have taken due note of the Secretary of State’s advice relating to the ./harfield_emma_jane_-_web_decision.pdf-Prohibition of Teachers in considering whether a review period is appropriate. The ./harfield_emma_jane_-_web_decision.pdf:panel have judged that Ms Harfield’s behaviour amounts to sexual misconduct and ./harfield_emma_jane_-_web_decision.pdf-that the findings, taken as a whole, are extremely serious. I agree with the panel’s ./harfield_emma_jane_-_web_decision.pdf-recommendation that there should be no opportunity for Ms Harfield to apply for ./harfield_emma_jane_-_web_decision.pdf-the prohibition order to be set aside. ./harfield_emma_jane_-_web_decision.pdf- ./harfield_emma_jane_-_web_decision.pdf-This means that Ms Emma Jane Harfield is prohibited from teaching indefinitely and ./harfield_emma_jane_-_web_decision.pdf-cannot teach in any school, sixth form college, relevant youth accommodation or ./harfield_emma_jane_-_web_decision.pdf-children’s home in England. Furthermore, in view of the seriousness of the allegations ./harfield_emma_jane_-_web_decision.pdf-found proved against her, I have decided that Ms Emma Jane Harfield shall not be ./harfield_emma_jane_-_web_decision.pdf-entitled to apply for restoration of her eligibility to teach. ./harfield_emma_jane_-_web_decision.pdf- ./Hays__D_14641_web_decision.pdf- ii. no other adult was present during some of these visits; ./Hays__D_14641_web_decision.pdf- ./Hays__D_14641_web_decision.pdf- iii. he asked Pupil A to undress; ./Hays__D_14641_web_decision.pdf- ./Hays__D_14641_web_decision.pdf- iv. he took measurements of Pupil A whilst he was naked; ./Hays__D_14641_web_decision.pdf- ./Hays__D_14641_web_decision.pdf- v. he measured Pupil A’s penis; ./Hays__D_14641_web_decision.pdf- ./Hays__D_14641_web_decision.pdf- vi. he held Pupil A’s naked penis whilst measuring it; ./Hays__D_14641_web_decision.pdf- ./Hays__D_14641_web_decision.pdf: 2. His conduct as described at allegation 1 above was sexually motivated. ./Hays__D_14641_web_decision.pdf- ./Hays__D_14641_web_decision.pdf- ./Hays__D_14641_web_decision.pdf-C. Preliminary applications ./Hays__D_14641_web_decision.pdf-Proceeding in the absence ./Hays__D_14641_web_decision.pdf- ./Hays__D_14641_web_decision.pdf-The panel heard an application from the presenting officer that the hearing should ./Hays__D_14641_web_decision.pdf-proceed in Mr Hays’ absence. ./Hays__D_14641_web_decision.pdf- ./Hays__D_14641_web_decision.pdf-The panel is satisfied that National College has complied with the service requirements of ./Hays__D_14641_web_decision.pdf-paragraph 19.a. to 19.c. of the Teachers’ Disciplinary (England) Regulations 2012, (the -- ./Hays__D_14641_web_decision.pdf-of Proceedings, dated 20 October 2016. Furthermore, the panel found that Mr Hays had ./Hays__D_14641_web_decision.pdf-also admitted this allegation in his witness statement, dated 20 February 2017. ./Hays__D_14641_web_decision.pdf- ./Hays__D_14641_web_decision.pdf-The panel therefore finds this allegation proven. ./Hays__D_14641_web_decision.pdf- ./Hays__D_14641_web_decision.pdf-In light of the above, the panel also finds that Mr Hays failed to maintain appropriate ./Hays__D_14641_web_decision.pdf-professional boundaries. The panel noted from his witness statement dated 20 February ./Hays__D_14641_web_decision.pdf-2017, that Mr Hays admits that his behaviour as set out above, and as admitted, went ./Hays__D_14641_web_decision.pdf-beyond acceptable professional boundaries. ./Hays__D_14641_web_decision.pdf- ./Hays__D_14641_web_decision.pdf: 2. Your conduct as described at allegation 1 above was sexually motivated. ./Hays__D_14641_web_decision.pdf- ./Hays__D_14641_web_decision.pdf-The panel noted that Mr Hays has denied this allegation in his response to the Notice of ./Hays__D_14641_web_decision.pdf-Proceedings, dated 20 October 2016 and in his witness statement, dated 20 February ./Hays__D_14641_web_decision.pdf-2017. ./Hays__D_14641_web_decision.pdf-Mr Hays states that in conducting the Study in the manner set out above (and as ./Hays__D_14641_web_decision.pdf-admitted) he was motivated by nothing more than a naïve wish to obtain further ./Hays__D_14641_web_decision.pdf-qualifications so that he could progress up the teaching pay scales and provide for his ./Hays__D_14641_web_decision.pdf-family. Mr Hays, in his witness statement, describes how his then headteacher suggested ./Hays__D_14641_web_decision.pdf-that he obtain a degree to increase his chances of promotion, and with this in mind, Mr ./Hays__D_14641_web_decision.pdf-Hays decided to undertake a private study into child development, the detail of which Mr -- ./Hays__D_14641_web_decision.pdf-The panel notes that from the documentation submitted on Mr Hays’ behalf that he did ./Hays__D_14641_web_decision.pdf-not go on to undertake a further degree course, due to a change in his personal ./Hays__D_14641_web_decision.pdf-circumstances alleviating the need for an increased income. ./Hays__D_14641_web_decision.pdf-Notwithstanding the absence of Mr Hays at the hearing and the extra vigilance ./Hays__D_14641_web_decision.pdf-maintained by the panel in light of this, the panel did not accept Mr Hays’ account that his ./Hays__D_14641_web_decision.pdf:actions were not sexually motivated, and were simply naïve. ./Hays__D_14641_web_decision.pdf-In reaching its conclusion, the panel was advised to consider whether reasonable ./Hays__D_14641_web_decision.pdf:persons would think the actions found proven against Mr Hays could be sexual, this ./Hays__D_14641_web_decision.pdf-being the objective test. Notwithstanding that the conduct found against Mr Hays took ./Hays__D_14641_web_decision.pdf-place in the 1970s, the panel felt that reasonable persons would consider that Mr Hays’ ./Hays__D_14641_web_decision.pdf:actions could be sexual. The panel felt that Mr Hays’ repeated measuring and ./Hays__D_14641_web_decision.pdf-manipulation of Pupils A, B and C’s genitals had no basis or foundation in academic ./Hays__D_14641_web_decision.pdf-study – reflected by the fact that no academic institute was aware of or involved in the ./Hays__D_14641_web_decision.pdf-Study. There was no need for the boys to be naked whilst their other body parts were ./Hays__D_14641_web_decision.pdf-measured and the panel felt that the reasonable person could only conclude that Mr ./Hays__D_14641_web_decision.pdf:Hays’ measuring of a pupil’s erect penis was sexually motivated. The panel accepted ./Hays__D_14641_web_decision.pdf-submissions from the presenting officer that Mr Hays only appeared to select young boys ./Hays__D_14641_web_decision.pdf-to undertake the Study, and noted that no girls were invited to participate in what was ./Hays__D_14641_web_decision.pdf-reportedly a child developmental study. ./Hays__D_14641_web_decision.pdf-The panel then considered whether, in all the circumstances of the conduct in the case, ./Hays__D_14641_web_decision.pdf:Mr Hays’ purpose behind such actions was sexual, this being the subjective test. On the ./Hays__D_14641_web_decision.pdf-balance of probabilities, the panel found that this subjective test was satisfied. ./Hays__D_14641_web_decision.pdf-The panel noted that Mr Hays had waited until each of the pupils participating in the ./Hays__D_14641_web_decision.pdf-Study had left the school at which he taught, and that Mr Hays did not request that the ./Hays__D_14641_web_decision.pdf-Study be supervised by other adults. Mr Hays did not seek to cross-reference the work ./Hays__D_14641_web_decision.pdf-undertaken during the Study with other professionals, and nor did Mr Hays ultimately go ./Hays__D_14641_web_decision.pdf-on to use the information gained during the Study for any means to progress his career. ./Hays__D_14641_web_decision.pdf-Pupil A gave evidence indicating that his father was not given a full account of the Study, ./Hays__D_14641_web_decision.pdf-and he confirmed that his father would not have allowed Pupil A to attend the Study had ./Hays__D_14641_web_decision.pdf-he known of the measurements being taken. ./Hays__D_14641_web_decision.pdf-The panel considers that, on balance, Mr Hays was intentionally trying to keep a true ./Hays__D_14641_web_decision.pdf-account of the Study from others in the knowledge that the Study was inappropriate. The ./Hays__D_14641_web_decision.pdf-panel is satisfied that Mr Hays’ motivation for initiating and undertaking the Study was, at ./Hays__D_14641_web_decision.pdf:least in part, sexual. ./Hays__D_14641_web_decision.pdf-The panel therefore finds this allegation proven. ./Hays__D_14641_web_decision.pdf- ./Hays__D_14641_web_decision.pdf-Findings as to unacceptable professional conduct and/or conduct that ./Hays__D_14641_web_decision.pdf-may bring the profession into disrepute ./Hays__D_14641_web_decision.pdf-Having found each of the allegations to have been proven, the panel has gone on to ./Hays__D_14641_web_decision.pdf-consider whether the facts of those proven allegations amount to unacceptable ./Hays__D_14641_web_decision.pdf-professional conduct and/or conduct that may bring the profession into disrepute. ./Hays__D_14641_web_decision.pdf- ./Hays__D_14641_web_decision.pdf- 19 ./Hays__D_14641_web_decision.pdf- -- ./Hays__D_14641_web_decision.pdf- statutory provisions; and ./Hays__D_14641_web_decision.pdf- o showing respect for the rights of others. ./Hays__D_14641_web_decision.pdf-With regard to showing respect for the rights of others, the panel considered that Mr ./Hays__D_14641_web_decision.pdf-Hays’ conduct in measuring and holding each boy’s genitals represented a failure to ./Hays__D_14641_web_decision.pdf-appreciate their rights as individuals to be free from such molestation. ./Hays__D_14641_web_decision.pdf-The panel is satisfied that the conduct of Mr Hays fell significantly short of the standards ./Hays__D_14641_web_decision.pdf-expected of the profession. ./Hays__D_14641_web_decision.pdf- ./Hays__D_14641_web_decision.pdf-The panel has also considered whether Mr Hays’ conduct displayed behaviours ./Hays__D_14641_web_decision.pdf-associated with any of the offences listed on pages 8 and 9 of the Advice. The panel has ./Hays__D_14641_web_decision.pdf:found that the offence of sexual activity is relevant. The panel found that Mr Hays’ ./Hays__D_14641_web_decision.pdf-behaviour in measuring and holding the boys’ genitals without convincing evidence to the ./Hays__D_14641_web_decision.pdf:contrary, could clearly be associated with an offence of sexual activity. The Advice ./Hays__D_14641_web_decision.pdf:indicates that where behaviours associated with an offence of sexual activity exist, a ./Hays__D_14641_web_decision.pdf-panel is likely to conclude that an individual’s conduct would amount to unacceptable ./Hays__D_14641_web_decision.pdf-professional conduct. ./Hays__D_14641_web_decision.pdf- ./Hays__D_14641_web_decision.pdf-The panel notes that the allegations took place outside of the education setting. The ./Hays__D_14641_web_decision.pdf-panel did not find, on the evidence, that the allegations found proven affected the manner ./Hays__D_14641_web_decision.pdf-in which Mr Hays fulfils his teaching role. In this regard, it was noted that Pupil A, during ./Hays__D_14641_web_decision.pdf-his live evidence, found Mr Hays to be a good teacher whom he respected. However, ./Hays__D_14641_web_decision.pdf-the panel determined that the behaviour found proven against Mr Hays clearly may lead ./Hays__D_14641_web_decision.pdf-to pupils being exposed to or influenced by such behaviour in a harmful way. The panel ./Hays__D_14641_web_decision.pdf-accepted submissions from the presenting officer that Mr Hays targeted boys who had -- ./Hays__D_14641_web_decision.pdf- ./Hays__D_14641_web_decision.pdf-The panel has considered the particular public interest considerations set out in the ./Hays__D_14641_web_decision.pdf-Advice and having done so has found a number of them to be relevant in this case, ./Hays__D_14641_web_decision.pdf-namely: the protection of pupils and the protection of other members of the public; the ./Hays__D_14641_web_decision.pdf-maintenance of public confidence in the profession; declaring and upholding proper ./Hays__D_14641_web_decision.pdf-standards of conduct; and the interest of retaining the teacher in the profession. ./Hays__D_14641_web_decision.pdf- ./Hays__D_14641_web_decision.pdf-In light of the panel’s findings against Mr Hays, which involved the systematic and ./Hays__D_14641_web_decision.pdf-repeated measurement and handling of Pupils A, B and C’s genitals, there is a strong ./Hays__D_14641_web_decision.pdf-public interest consideration in respect of the protection of pupils and other members of ./Hays__D_14641_web_decision.pdf:the public. The findings against Mr Hays are serious, and indicate that Mr Hays’ sexually ./Hays__D_14641_web_decision.pdf-motivated behaviour was targeted at young boys who he had, up until very shortly before ./Hays__D_14641_web_decision.pdf-their involvement in the Study, previously taught. The panel acknowledged that, due to ./Hays__D_14641_web_decision.pdf-his age and the unlikelihood of Mr Hays returning to teaching, there is a reduced risk of ./Hays__D_14641_web_decision.pdf-harm to pupils and protection of the public. Nevertheless, the panel felt that in the event ./Hays__D_14641_web_decision.pdf- ./Hays__D_14641_web_decision.pdf- 21 ./Hays__D_14641_web_decision.pdf- -- ./Hays__D_14641_web_decision.pdf-Hays. The panel took further account of the Advice, which suggests that a prohibition ./Hays__D_14641_web_decision.pdf-order may be appropriate if certain behaviours of a teacher have been proven. In the list ./Hays__D_14641_web_decision.pdf-of such behaviours, the panel considered the following to be relevant in this case: ./Hays__D_14641_web_decision.pdf- ./Hays__D_14641_web_decision.pdf-  serious departure from the personal and professional conduct elements of the ./Hays__D_14641_web_decision.pdf- Teachers’ Standards; ./Hays__D_14641_web_decision.pdf-  misconduct seriously affecting the education and/or well-being of pupils, and ./Hays__D_14641_web_decision.pdf- particularly where there is a continuing risk; ./Hays__D_14641_web_decision.pdf-  abuse of position or trust (particularly involving vulnerable pupils) or violation of the ./Hays__D_14641_web_decision.pdf- rights of pupils; ./Hays__D_14641_web_decision.pdf:  sexual misconduct, e.g. involving actions that were sexually motivated or of a ./Hays__D_14641_web_decision.pdf: sexual nature and/or that use or exploit the trust, knowledge or influence derived ./Hays__D_14641_web_decision.pdf- from the individual’s professional position; ./Hays__D_14641_web_decision.pdf- ./Hays__D_14641_web_decision.pdf- ./Hays__D_14641_web_decision.pdf- 22 ./Hays__D_14641_web_decision.pdf- -- ./Hays__D_14641_web_decision.pdf-State that a prohibition order should be imposed with immediate effect. ./Hays__D_14641_web_decision.pdf- ./Hays__D_14641_web_decision.pdf-The panel went on to consider whether or not it would be appropriate to decide to ./Hays__D_14641_web_decision.pdf-recommend that a review period of the order should be considered. The panel was ./Hays__D_14641_web_decision.pdf-mindful that the Advice states that a prohibition order applies for life, but there may be ./Hays__D_14641_web_decision.pdf-circumstances in any given case that may make it appropriate to allow a teacher to apply ./Hays__D_14641_web_decision.pdf-to have the prohibition order reviewed after a specified period of time that may not be ./Hays__D_14641_web_decision.pdf-less than 2 years. ./Hays__D_14641_web_decision.pdf- ./Hays__D_14641_web_decision.pdf-The Advice indicates that there are behaviours that, if proven, would militate against a ./Hays__D_14641_web_decision.pdf:review period being recommended. One such behaviour is serious sexual misconduct, ./Hays__D_14641_web_decision.pdf:for example, where the act was sexually motivated and resulted in or had the potential to ./Hays__D_14641_web_decision.pdf-result in, harm to a person or persons, particularly where the individual has used their ./Hays__D_14641_web_decision.pdf-professional position to influence or exploit a person or persons. ./Hays__D_14641_web_decision.pdf- ./Hays__D_14641_web_decision.pdf- 23 ./Hays__D_14641_web_decision.pdf- -- ./Hays__D_14641_web_decision.pdf:The panel considers that Mr Hays’ proven conduct was sexually motivated, for the ./Hays__D_14641_web_decision.pdf-reasons set out above. It considers that his actions had the potential to harm the pupils ./Hays__D_14641_web_decision.pdf-involved in the Study. The panel also felt from Pupil A’s live evidence, that Mr Hays relied ./Hays__D_14641_web_decision.pdf-upon his status as a respected and trusted teacher in order to have the boys participate ./Hays__D_14641_web_decision.pdf-in the study; it was noted that Pupil A had felt keen to please Mr Hays. The panel ./Hays__D_14641_web_decision.pdf:therefore felt that Mr Hays had exploited his position in conducting his sexually motivated ./Hays__D_14641_web_decision.pdf-behaviour. ./Hays__D_14641_web_decision.pdf- ./Hays__D_14641_web_decision.pdf-The panel does not consider that Mr Hays has shown any real insight into his behaviour. ./Hays__D_14641_web_decision.pdf-He does not appear to have acknowledged the potential impact that his behaviour could ./Hays__D_14641_web_decision.pdf-have had on the pupils involved in the Study, but rather simply describes his conduct as ./Hays__D_14641_web_decision.pdf-naïve. In a letter from Mr Hays’ representative to the National College, dated 22 January ./Hays__D_14641_web_decision.pdf-2016, it is said that Mr Hays had reflected on his experience and learned where he went ./Hays__D_14641_web_decision.pdf-wrong. The letter goes on to state that Mr Hays should have protected himself and the ./Hays__D_14641_web_decision.pdf-pupils by having another adult present. The panel considers that Mr Hays does not grasp ./Hays__D_14641_web_decision.pdf-the seriousness of his conduct, its potential impact on the pupils involved, or its negative -- ./Hays__D_14641_web_decision.pdf- o showing respect for the rights of others. ./Hays__D_14641_web_decision.pdf-With regard to showing respect for the rights of others, the panel considered that Mr ./Hays__D_14641_web_decision.pdf-Hays’ conduct in measuring and holding each boy’s genitals represented a failure to ./Hays__D_14641_web_decision.pdf-appreciate their rights as individuals to be free from such molestation. ./Hays__D_14641_web_decision.pdf-The panel is satisfied that the conduct of Mr Hays fell significantly short of the standards ./Hays__D_14641_web_decision.pdf-expected of the profession. ./Hays__D_14641_web_decision.pdf- ./Hays__D_14641_web_decision.pdf-The panel has also considered whether Mr Hays’ conduct displayed behaviours ./Hays__D_14641_web_decision.pdf-associated with any of the offences listed on pages 8 and 9 of the Advice. The panel has ./Hays__D_14641_web_decision.pdf:found that the offence of sexual activity is relevant. The panel found that Mr Hays’ ./Hays__D_14641_web_decision.pdf-behaviour in measuring and holding the boys’ genitals without convincing evidence to the ./Hays__D_14641_web_decision.pdf:contrary, could clearly be associated with an offence of sexual activity. The Advice ./Hays__D_14641_web_decision.pdf:indicates that where behaviours associated with an offence of sexual activity exist, a ./Hays__D_14641_web_decision.pdf-panel is likely to conclude that an individual’s conduct would amount to unacceptable ./Hays__D_14641_web_decision.pdf-professional conduct. ./Hays__D_14641_web_decision.pdf- ./Hays__D_14641_web_decision.pdf-The panel in this case has found both unacceptable professional conduct and conduct ./Hays__D_14641_web_decision.pdf-that may bring the profession into disrepute. Having found that the panel has ./Hays__D_14641_web_decision.pdf-recommended to me that Mr Hays should be prohibited from teaching. The panel ./Hays__D_14641_web_decision.pdf-considered the following to be relevant in this case: ./Hays__D_14641_web_decision.pdf- ./Hays__D_14641_web_decision.pdf-  serious departure from the personal and professional conduct elements of the ./Hays__D_14641_web_decision.pdf- Teachers’ Standards; ./Hays__D_14641_web_decision.pdf-  misconduct seriously affecting the education and/or well-being of pupils, and ./Hays__D_14641_web_decision.pdf- particularly where there is a continuing risk; ./Hays__D_14641_web_decision.pdf-  abuse of position or trust (particularly involving vulnerable pupils) or violation of the ./Hays__D_14641_web_decision.pdf- rights of pupils; ./Hays__D_14641_web_decision.pdf:  sexual misconduct, e.g. involving actions that were sexually motivated or of a ./Hays__D_14641_web_decision.pdf: sexual nature and/or that use or exploit the trust, knowledge or influence derived ./Hays__D_14641_web_decision.pdf- from the individual’s professional position. ./Hays__D_14641_web_decision.pdf-In considering whether or not to impose a prohibition order on Mr Hays I have weighed ./Hays__D_14641_web_decision.pdf-the various elements of the public interest alongside the interests of the teacher. I have ./Hays__D_14641_web_decision.pdf-also recognised that a prohibition order should not be imposed as a punitive measure ./Hays__D_14641_web_decision.pdf-even though it may have a punitive effect. ./Hays__D_14641_web_decision.pdf- ./Hays__D_14641_web_decision.pdf-In considering whether to impose a prohibition order I have considered the option that a ./Hays__D_14641_web_decision.pdf-publicly declared finding of unacceptable professional conduct or conduct that may bring ./Hays__D_14641_web_decision.pdf-the profession into disrepute may, in some cases, be a proportionate outcome to a case. ./Hays__D_14641_web_decision.pdf- -- ./Hays__D_14641_web_decision.pdf-serious nature of the behaviours. The panel state that “Mr Hays had exploited his position ./Hays__D_14641_web_decision.pdf:in conducting his sexually motivated behaviour.” ./Hays__D_14641_web_decision.pdf- ./Hays__D_14641_web_decision.pdf-For these reasons I am accepting the recommendation of the panel and am imposing a ./Hays__D_14641_web_decision.pdf-prohibition order on Mr Hays. In my judgement and having weighed all the issues and ./Hays__D_14641_web_decision.pdf-considered the published advice I consider that to be proportionate and in the public ./Hays__D_14641_web_decision.pdf-interest. ./Hays__D_14641_web_decision.pdf- ./Hays__D_14641_web_decision.pdf-I have gone on to consider the matter of a review period. In considering this I have noted ./Hays__D_14641_web_decision.pdf-the panel’s comments on the degree of insight and remorse shown by Mr Hays. The ./Hays__D_14641_web_decision.pdf-panel are clear that Mr Hays has shown only limited insight. ./Hays__D_14641_web_decision.pdf- ./Heayel_Thomas_-_SoS_Decision_Redacted.pdf-It was alleged that Mr Heayel was guilty of unacceptable professional conduct and/or ./Heayel_Thomas_-_SoS_Decision_Redacted.pdf-conduct that may bring the profession into disrepute in that, whilst employed as a full time ./Heayel_Thomas_-_SoS_Decision_Redacted.pdf-primary school class teacher at St Columb Minor Academy (Part of the Kernow Learning ./Heayel_Thomas_-_SoS_Decision_Redacted.pdf-MAT) (‘the School’): ./Heayel_Thomas_-_SoS_Decision_Redacted.pdf- ./Heayel_Thomas_-_SoS_Decision_Redacted.pdf-1. Between 1 February 2020 and 31 July 2020 he posted or allowed to be displayed ./Heayel_Thomas_-_SoS_Decision_Redacted.pdf- one or more inappropriate images of himself on the internet; and ./Heayel_Thomas_-_SoS_Decision_Redacted.pdf- ./Heayel_Thomas_-_SoS_Decision_Redacted.pdf-2. Between 1 February 2020 and 31 July 2020 he posted or allowed to be displayed ./Heayel_Thomas_-_SoS_Decision_Redacted.pdf- one or more images, messages and / or comments on the internet offering to sell ./Heayel_Thomas_-_SoS_Decision_Redacted.pdf: sexual services. ./Heayel_Thomas_-_SoS_Decision_Redacted.pdf- ./Heayel_Thomas_-_SoS_Decision_Redacted.pdf-Mr Heayel admitted the facts of allegations 1 and 2 and that his behaviour amounted to ./Heayel_Thomas_-_SoS_Decision_Redacted.pdf-unacceptable professional conduct and/or conduct that may bring the profession into ./Heayel_Thomas_-_SoS_Decision_Redacted.pdf-disrepute, as set out in the response to the notice of referral signed on 21 February 2022 ./Heayel_Thomas_-_SoS_Decision_Redacted.pdf-and in the statement of agreed facts signed by Mr Heayel on 7 April 2022. ./Heayel_Thomas_-_SoS_Decision_Redacted.pdf- ./Heayel_Thomas_-_SoS_Decision_Redacted.pdf- ./Heayel_Thomas_-_SoS_Decision_Redacted.pdf-Preliminary applications ./Heayel_Thomas_-_SoS_Decision_Redacted.pdf-There were no preliminary applications. ./Heayel_Thomas_-_SoS_Decision_Redacted.pdf- -- ./Heayel_Thomas_-_SoS_Decision_Redacted.pdf-In advance of the meeting, the TRA agreed to a request from Mr Heayel for the ./Heayel_Thomas_-_SoS_Decision_Redacted.pdf-allegations to be considered without a hearing. The panel had the ability to direct that the ./Heayel_Thomas_-_SoS_Decision_Redacted.pdf-case be considered at a hearing if required in the interests of justice or in the public ./Heayel_Thomas_-_SoS_Decision_Redacted.pdf-interest. The panel did not determine that such a direction was necessary or appropriate ./Heayel_Thomas_-_SoS_Decision_Redacted.pdf-in this case. ./Heayel_Thomas_-_SoS_Decision_Redacted.pdf- ./Heayel_Thomas_-_SoS_Decision_Redacted.pdf-Mr Heayel commenced employment with the School on 1 September 2019. ./Heayel_Thomas_-_SoS_Decision_Redacted.pdf- ./Heayel_Thomas_-_SoS_Decision_Redacted.pdf-Between 1 February 2020 to 31 July 2020 Mr Heayel was alleged to have posted or ./Heayel_Thomas_-_SoS_Decision_Redacted.pdf-allowed to be displayed, inappropriate images of himself on the internet and one or more ./Heayel_Thomas_-_SoS_Decision_Redacted.pdf:images, messages and/or comments on the internet offering to sell sexual services. ./Heayel_Thomas_-_SoS_Decision_Redacted.pdf- ./Heayel_Thomas_-_SoS_Decision_Redacted.pdf-On 7 July 2021, the Local Authority Designated Officer (‘LADO’) identified concerns ./Heayel_Thomas_-_SoS_Decision_Redacted.pdf-about Mr Heayel and contacted the School to make them aware of these. Mr Heayel was ./Heayel_Thomas_-_SoS_Decision_Redacted.pdf-suspended from the School. ./Heayel_Thomas_-_SoS_Decision_Redacted.pdf- ./Heayel_Thomas_-_SoS_Decision_Redacted.pdf-On 23 July 2021, Mr Heayel was dismissed by the School. ./Heayel_Thomas_-_SoS_Decision_Redacted.pdf- ./Heayel_Thomas_-_SoS_Decision_Redacted.pdf-The matter was referred to the TRA on 28 July 2021. ./Heayel_Thomas_-_SoS_Decision_Redacted.pdf- ./Heayel_Thomas_-_SoS_Decision_Redacted.pdf-Findings of fact -- ./Heayel_Thomas_-_SoS_Decision_Redacted.pdf-The findings of fact are as follows: ./Heayel_Thomas_-_SoS_Decision_Redacted.pdf- ./Heayel_Thomas_-_SoS_Decision_Redacted.pdf-The panel found the following particulars of the allegations against you proved, for these ./Heayel_Thomas_-_SoS_Decision_Redacted.pdf-reasons: ./Heayel_Thomas_-_SoS_Decision_Redacted.pdf- ./Heayel_Thomas_-_SoS_Decision_Redacted.pdf-1. Between 1 February 2020 and 31 July 2020 you posted or allowed to be ./Heayel_Thomas_-_SoS_Decision_Redacted.pdf- displayed one or more inappropriate images of yourself on the internet; and ./Heayel_Thomas_-_SoS_Decision_Redacted.pdf- ./Heayel_Thomas_-_SoS_Decision_Redacted.pdf-2. Between 1 February 2020 and 31 July 2020 you posted or allowed to be ./Heayel_Thomas_-_SoS_Decision_Redacted.pdf- displayed one or more images, messages and / or comments on the internet ./Heayel_Thomas_-_SoS_Decision_Redacted.pdf: offering to sell sexual services. ./Heayel_Thomas_-_SoS_Decision_Redacted.pdf- ./Heayel_Thomas_-_SoS_Decision_Redacted.pdf- ./Heayel_Thomas_-_SoS_Decision_Redacted.pdf- 5 ./Heayel_Thomas_-_SoS_Decision_Redacted.pdf- -- ./Heayel_Thomas_-_SoS_Decision_Redacted.pdf-The panel noted that within both the response to the notice of referral, signed on 21 ./Heayel_Thomas_-_SoS_Decision_Redacted.pdf-February 2022, and in the statement of agreed facts, signed by Mr Heayel on 7 April ./Heayel_Thomas_-_SoS_Decision_Redacted.pdf-2022, Mr Heayel admitted the facts of allegations 1 and 2. ./Heayel_Thomas_-_SoS_Decision_Redacted.pdf- ./Heayel_Thomas_-_SoS_Decision_Redacted.pdf-Mr Heayel admitted that inappropriate images of himself were posted on the internet ./Heayel_Thomas_-_SoS_Decision_Redacted.pdf:together with images, messages and comments offering to sell sexual services. Further, ./Heayel_Thomas_-_SoS_Decision_Redacted.pdf-Mr Heayel admitted that his actions amounted to unacceptable professional conduct ./Heayel_Thomas_-_SoS_Decision_Redacted.pdf-and/or conduct that may bring the profession into disrepute. ./Heayel_Thomas_-_SoS_Decision_Redacted.pdf- ./Heayel_Thomas_-_SoS_Decision_Redacted.pdf-Notwithstanding this, the panel considered the evidence provided in the bundle and ./Heayel_Thomas_-_SoS_Decision_Redacted.pdf-made its own determination based on the evidence available to it. ./Heayel_Thomas_-_SoS_Decision_Redacted.pdf- ./Heayel_Thomas_-_SoS_Decision_Redacted.pdf-The panel considered the evidence which contained screenshots of the images and ./Heayel_Thomas_-_SoS_Decision_Redacted.pdf-noted that one image in particular contained Mr Heayel’s name. The panel further noted ./Heayel_Thomas_-_SoS_Decision_Redacted.pdf:that the images contained wording offering to sell sexual services. ./Heayel_Thomas_-_SoS_Decision_Redacted.pdf- ./Heayel_Thomas_-_SoS_Decision_Redacted.pdf-The panel identified in the bundle there was evidence of several instances where Mr ./Heayel_Thomas_-_SoS_Decision_Redacted.pdf-Heayel fully admitted his conduct and the posting / displaying of images, messages ./Heayel_Thomas_-_SoS_Decision_Redacted.pdf:and/or comments on the internet offering to sell sexual services. This was supported by ./Heayel_Thomas_-_SoS_Decision_Redacted.pdf-documentary evidence. ./Heayel_Thomas_-_SoS_Decision_Redacted.pdf- ./Heayel_Thomas_-_SoS_Decision_Redacted.pdf-The panel found allegations 1 and 2 proved. ./Heayel_Thomas_-_SoS_Decision_Redacted.pdf- ./Heayel_Thomas_-_SoS_Decision_Redacted.pdf-Findings as to unacceptable professional conduct and/or conduct that ./Heayel_Thomas_-_SoS_Decision_Redacted.pdf-may bring the profession into disrepute ./Heayel_Thomas_-_SoS_Decision_Redacted.pdf- ./Heayel_Thomas_-_SoS_Decision_Redacted.pdf-Having found the allegations proved, the panel went on to consider whether the facts of ./Heayel_Thomas_-_SoS_Decision_Redacted.pdf-those proved allegations amounted to unacceptable professional conduct and/or conduct ./Heayel_Thomas_-_SoS_Decision_Redacted.pdf-that may bring the profession into disrepute. -- ./Heayel_Thomas_-_SoS_Decision_Redacted.pdf-The panel was satisfied that the conduct of Mr Heayel fell significantly short of the ./Heayel_Thomas_-_SoS_Decision_Redacted.pdf-standards expected of the profession. ./Heayel_Thomas_-_SoS_Decision_Redacted.pdf- ./Heayel_Thomas_-_SoS_Decision_Redacted.pdf-The panel considered whether Mr Heayel’s conduct displayed behaviours associated ./Heayel_Thomas_-_SoS_Decision_Redacted.pdf-with any of the offences listed on pages 12 and 13 of the Advice. The panel found that ./Heayel_Thomas_-_SoS_Decision_Redacted.pdf-none of these offences were relevant. The Advice indicates that where behaviours ./Heayel_Thomas_-_SoS_Decision_Redacted.pdf-associated with such an offence exist, a panel is more likely to conclude that an ./Heayel_Thomas_-_SoS_Decision_Redacted.pdf-individual’s conduct would amount to unacceptable professional conduct. ./Heayel_Thomas_-_SoS_Decision_Redacted.pdf- ./Heayel_Thomas_-_SoS_Decision_Redacted.pdf-The panel noted that the allegations took place outside of the education setting in that Mr ./Heayel_Thomas_-_SoS_Decision_Redacted.pdf:Heayel was displaying images of himself and offering to sell sexual services on a ./Heayel_Thomas_-_SoS_Decision_Redacted.pdf-website. The panel however considered that Mr Heayel’s conduct was relevant to his ./Heayel_Thomas_-_SoS_Decision_Redacted.pdf-position as a teacher. In this regard, the panel specifically noted that Mr Heayel’s job ./Heayel_Thomas_-_SoS_Decision_Redacted.pdf-description included setting “a good example though personal presentation and personal ./Heayel_Thomas_-_SoS_Decision_Redacted.pdf-and professional conduct.” ./Heayel_Thomas_-_SoS_Decision_Redacted.pdf- ./Heayel_Thomas_-_SoS_Decision_Redacted.pdf-Whilst the panel had regard to the fact that there was no evidence presented that any ./Heayel_Thomas_-_SoS_Decision_Redacted.pdf-pupils had seen or accessed the images online, the panel did consider that as a teacher ./Heayel_Thomas_-_SoS_Decision_Redacted.pdf-Mr Heayel was likely to be viewed as a role model by pupils. ./Heayel_Thomas_-_SoS_Decision_Redacted.pdf- ./Heayel_Thomas_-_SoS_Decision_Redacted.pdf-The panel noted that whilst the website where Mr Heayel posted the images was -- ./Heayel_Thomas_-_SoS_Decision_Redacted.pdf-apportioned, although they are likely to have punitive effect. ./Heayel_Thomas_-_SoS_Decision_Redacted.pdf- ./Heayel_Thomas_-_SoS_Decision_Redacted.pdf-The panel had regard to the particular public interest considerations set out in the Advice ./Heayel_Thomas_-_SoS_Decision_Redacted.pdf-and, having done so, found a number of them to be relevant in this case, namely: the ./Heayel_Thomas_-_SoS_Decision_Redacted.pdf-maintenance of public confidence in the profession; declaring and upholding proper ./Heayel_Thomas_-_SoS_Decision_Redacted.pdf-standards of conduct; and that prohibition strikes the right balance between the rights of ./Heayel_Thomas_-_SoS_Decision_Redacted.pdf-the teacher and the public interest, if they are in conflict. ./Heayel_Thomas_-_SoS_Decision_Redacted.pdf- ./Heayel_Thomas_-_SoS_Decision_Redacted.pdf-In light of the panel’s findings against Mr Heayel, which involved posting or allowing ./Heayel_Thomas_-_SoS_Decision_Redacted.pdf-inappropriate images of himself to be displayed on the internet, including the offer of ./Heayel_Thomas_-_SoS_Decision_Redacted.pdf:selling sexual services, there was a strong public interest consideration. ./Heayel_Thomas_-_SoS_Decision_Redacted.pdf- ./Heayel_Thomas_-_SoS_Decision_Redacted.pdf-Similarly, the panel considered that the public confidence in the profession could be ./Heayel_Thomas_-_SoS_Decision_Redacted.pdf-seriously weakened if conduct, such as that found against Mr Heayel, were not treated ./Heayel_Thomas_-_SoS_Decision_Redacted.pdf-with the utmost seriousness when regulating the conduct of the profession. ./Heayel_Thomas_-_SoS_Decision_Redacted.pdf- ./Heayel_Thomas_-_SoS_Decision_Redacted.pdf-The panel decided that a strong public interest consideration in declaring proper ./Heayel_Thomas_-_SoS_Decision_Redacted.pdf-standards of conduct in the profession was also present as the conduct found against Mr ./Heayel_Thomas_-_SoS_Decision_Redacted.pdf-Heayel was outside that which could reasonably be tolerated. ./Heayel_Thomas_-_SoS_Decision_Redacted.pdf- ./Heayel_Thomas_-_SoS_Decision_Redacted.pdf-Notwithstanding the clear public interest considerations that were present, the panel -- ./Heayel_Thomas_-_SoS_Decision_Redacted.pdf- • serious departure from the personal and professional conduct elements of the ./Heayel_Thomas_-_SoS_Decision_Redacted.pdf- Teachers’ Standards; ./Heayel_Thomas_-_SoS_Decision_Redacted.pdf- ./Heayel_Thomas_-_SoS_Decision_Redacted.pdf- • misconduct seriously affecting the education and/or well-being of pupils, and ./Heayel_Thomas_-_SoS_Decision_Redacted.pdf- particularly where there is a continuing risk; and ./Heayel_Thomas_-_SoS_Decision_Redacted.pdf- ./Heayel_Thomas_-_SoS_Decision_Redacted.pdf: • sexual misconduct, for example, involving actions that were sexually motivated or ./Heayel_Thomas_-_SoS_Decision_Redacted.pdf: of a sexual nature. ./Heayel_Thomas_-_SoS_Decision_Redacted.pdf- ./Heayel_Thomas_-_SoS_Decision_Redacted.pdf-Even though some of the behaviour found proved in this case indicated that a prohibition ./Heayel_Thomas_-_SoS_Decision_Redacted.pdf-order would be appropriate, the panel went on to consider the mitigating factors. ./Heayel_Thomas_-_SoS_Decision_Redacted.pdf-Mitigating factors may indicate that a prohibition order would not be appropriate or ./Heayel_Thomas_-_SoS_Decision_Redacted.pdf-proportionate. ./Heayel_Thomas_-_SoS_Decision_Redacted.pdf- ./Heayel_Thomas_-_SoS_Decision_Redacted.pdf-The panel regarded Mr Heayel’s actions as deliberate and noted that there was not any ./Heayel_Thomas_-_SoS_Decision_Redacted.pdf-evidence to suggest that he was acting under extreme duress. ./Heayel_Thomas_-_SoS_Decision_Redacted.pdf- ./Heayel_Thomas_-_SoS_Decision_Redacted.pdf-Limited evidence was submitted to attest to Mr Heayel’s previous history as a teacher or -- ./Heayel_Thomas_-_SoS_Decision_Redacted.pdf-made by the panel would be sufficient. ./Heayel_Thomas_-_SoS_Decision_Redacted.pdf- ./Heayel_Thomas_-_SoS_Decision_Redacted.pdf-The panel was of the view that, applying the standard of the ordinary intelligent citizen, it ./Heayel_Thomas_-_SoS_Decision_Redacted.pdf-would not be a proportionate and appropriate response to recommend no prohibition ./Heayel_Thomas_-_SoS_Decision_Redacted.pdf-order. Recommending that the publication of adverse findings was sufficient would ./Heayel_Thomas_-_SoS_Decision_Redacted.pdf-unacceptably compromise the public interest considerations present in this case, despite ./Heayel_Thomas_-_SoS_Decision_Redacted.pdf-the severity of the consequences for Mr Heayel of prohibition. ./Heayel_Thomas_-_SoS_Decision_Redacted.pdf- ./Heayel_Thomas_-_SoS_Decision_Redacted.pdf-The panel was of the view that prohibition was both proportionate and appropriate. The ./Heayel_Thomas_-_SoS_Decision_Redacted.pdf-panel decided that the public interest considerations outweighed the interests of Mr ./Heayel_Thomas_-_SoS_Decision_Redacted.pdf:Heayel. The facts that the images were inappropriate and of a sexual nature; offering to ./Heayel_Thomas_-_SoS_Decision_Redacted.pdf:sell sexual services and ended up in the public domain were significant factors in forming ./Heayel_Thomas_-_SoS_Decision_Redacted.pdf-that opinion. Accordingly, the panel made a recommendation to the Secretary of State ./Heayel_Thomas_-_SoS_Decision_Redacted.pdf-that a prohibition order should be imposed with immediate effect. ./Heayel_Thomas_-_SoS_Decision_Redacted.pdf- ./Heayel_Thomas_-_SoS_Decision_Redacted.pdf-The panel went on to consider whether or not it would be appropriate to recommend that ./Heayel_Thomas_-_SoS_Decision_Redacted.pdf-a review period of the order should be considered. The panel was mindful that the Advice ./Heayel_Thomas_-_SoS_Decision_Redacted.pdf-states that a prohibition order applies for life, but there may be circumstances, in any ./Heayel_Thomas_-_SoS_Decision_Redacted.pdf-given case, that may make it appropriate to allow a teacher to apply to have the ./Heayel_Thomas_-_SoS_Decision_Redacted.pdf-prohibition order reviewed after a specified period of time that may not be less than two ./Heayel_Thomas_-_SoS_Decision_Redacted.pdf-years. ./Heayel_Thomas_-_SoS_Decision_Redacted.pdf- ./Heayel_Thomas_-_SoS_Decision_Redacted.pdf-The Advice indicates that there are behaviours that, if proved, would militate against the ./Heayel_Thomas_-_SoS_Decision_Redacted.pdf-recommendation of a review period. The panel found that Mr Heayel was not responsible ./Heayel_Thomas_-_SoS_Decision_Redacted.pdf-for any such behaviours. ./Heayel_Thomas_-_SoS_Decision_Redacted.pdf- ./Heayel_Thomas_-_SoS_Decision_Redacted.pdf-The Advice also indicates that there are behaviours that, if proved, would have greater ./Heayel_Thomas_-_SoS_Decision_Redacted.pdf-relevance and weigh in favour of a longer review period. The panel found that Mr Heayel ./Heayel_Thomas_-_SoS_Decision_Redacted.pdf-was not responsible for any such behaviours. ./Heayel_Thomas_-_SoS_Decision_Redacted.pdf- ./Heayel_Thomas_-_SoS_Decision_Redacted.pdf:Whilst the panel concluded Mr Heayel’s behaviour was serious and of a sexual nature, ./Heayel_Thomas_-_SoS_Decision_Redacted.pdf-when taking into account as a whole the circumstances and evidence presented to them, ./Heayel_Thomas_-_SoS_Decision_Redacted.pdf-the panel concluded that the misconduct was towards the lower end of the spectrum of ./Heayel_Thomas_-_SoS_Decision_Redacted.pdf:sexual misconduct. The panel placed significant weight upon Mr Heayel’s admissions, ./Heayel_Thomas_-_SoS_Decision_Redacted.pdf-insight and remorse into his behaviour, and his awareness of the consequences his ./Heayel_Thomas_-_SoS_Decision_Redacted.pdf-actions have had for the School and the teaching profession. ./Heayel_Thomas_-_SoS_Decision_Redacted.pdf- ./Heayel_Thomas_-_SoS_Decision_Redacted.pdf-The panel decided that the findings indicated a situation in which a review period would ./Heayel_Thomas_-_SoS_Decision_Redacted.pdf-be appropriate and, as such, decided that it would be proportionate in all the ./Heayel_Thomas_-_SoS_Decision_Redacted.pdf- ./Heayel_Thomas_-_SoS_Decision_Redacted.pdf- 10 ./Heayel_Thomas_-_SoS_Decision_Redacted.pdf- -- ./Heayel_Thomas_-_SoS_Decision_Redacted.pdf-noted that no additional references, since the misconduct occurred, had been provided to ./Heayel_Thomas_-_SoS_Decision_Redacted.pdf-them to consider.” ./Heayel_Thomas_-_SoS_Decision_Redacted.pdf- ./Heayel_Thomas_-_SoS_Decision_Redacted.pdf-A prohibition order would prevent Mr Heayel from teaching and would also clearly deprive ./Heayel_Thomas_-_SoS_Decision_Redacted.pdf-the public of his contribution to the profession for the period that it is in force. ./Heayel_Thomas_-_SoS_Decision_Redacted.pdf- ./Heayel_Thomas_-_SoS_Decision_Redacted.pdf-In this case, I have placed considerable weight on the panel’s comments, “The panel ./Heayel_Thomas_-_SoS_Decision_Redacted.pdf-decided that the public interest considerations outweighed the interests of Mr Heayel. ./Heayel_Thomas_-_SoS_Decision_Redacted.pdf:The facts that the images were inappropriate and of a sexual nature; offering to sell ./Heayel_Thomas_-_SoS_Decision_Redacted.pdf:sexual services and ended up in the public domain were significant factors in forming that ./Heayel_Thomas_-_SoS_Decision_Redacted.pdf-opinion. Accordingly, the panel made a recommendation to the Secretary of State that a ./Heayel_Thomas_-_SoS_Decision_Redacted.pdf-prohibition order should be imposed with immediate effect.” ./Heayel_Thomas_-_SoS_Decision_Redacted.pdf- ./Heayel_Thomas_-_SoS_Decision_Redacted.pdf-I have given less weight in my consideration of sanction therefore, to the contribution that ./Heayel_Thomas_-_SoS_Decision_Redacted.pdf-Mr Heayel has made to the profession. In my view, it is necessary to impose a prohibition ./Heayel_Thomas_-_SoS_Decision_Redacted.pdf-order in order to maintain public confidence in the profession. ./Heayel_Thomas_-_SoS_Decision_Redacted.pdf- ./Heayel_Thomas_-_SoS_Decision_Redacted.pdf-I have gone on to consider the matter of a review period. In this case, the panel has ./Heayel_Thomas_-_SoS_Decision_Redacted.pdf-recommended a 2 year review period. ./Heayel_Thomas_-_SoS_Decision_Redacted.pdf- ./Henderson_Phillip_SoS_decision_redacted.pdf-It was alleged that Mr Henderson was guilty of unacceptable professional conduct and/or ./Henderson_Phillip_SoS_decision_redacted.pdf-conduct that may bring the profession into disrepute, in that: ./Henderson_Phillip_SoS_decision_redacted.pdf- ./Henderson_Phillip_SoS_decision_redacted.pdf-1. In or around April 2018, he was in possession of a Class A drug (Methamphetamine). ./Henderson_Phillip_SoS_decision_redacted.pdf- ./Henderson_Phillip_SoS_decision_redacted.pdf-2. He accepted a police caution in respect of his conduct at allegation 1 for the offence ./Henderson_Phillip_SoS_decision_redacted.pdf- of possession of a controlled substance contrary to Section 5(1) of the Misuse of ./Henderson_Phillip_SoS_decision_redacted.pdf- Drugs Act 1971. ./Henderson_Phillip_SoS_decision_redacted.pdf- ./Henderson_Phillip_SoS_decision_redacted.pdf-3. He exchanged electronic messages with Individual A in which he stated that he had ./Henderson_Phillip_SoS_decision_redacted.pdf: engaged in sexual activity with one or more children or used words to that effect. ./Henderson_Phillip_SoS_decision_redacted.pdf- ./Henderson_Phillip_SoS_decision_redacted.pdf:4. His conduct as may be proven at allegation 3 demonstrated a sexual interest in ./Henderson_Phillip_SoS_decision_redacted.pdf: children and/or was sexually motivated. ./Henderson_Phillip_SoS_decision_redacted.pdf- ./Henderson_Phillip_SoS_decision_redacted.pdf-Mr Henderson admitted allegations 1 and 2, as set out in the response to the notice of ./Henderson_Phillip_SoS_decision_redacted.pdf-proceedings dated 14 November 2022, and in the statement of agreed and disputed ./Henderson_Phillip_SoS_decision_redacted.pdf-facts, signed by Mr Henderson on 14 November 2022. Mr Henderson further admitted ./Henderson_Phillip_SoS_decision_redacted.pdf-that the facts of those admitted allegations amounted to unacceptable professional ./Henderson_Phillip_SoS_decision_redacted.pdf-conduct and/or conduct that may bring the profession into disrepute. ./Henderson_Phillip_SoS_decision_redacted.pdf- ./Henderson_Phillip_SoS_decision_redacted.pdf-Mr Henderson denied allegations 3 and 4. ./Henderson_Phillip_SoS_decision_redacted.pdf- ./Henderson_Phillip_SoS_decision_redacted.pdf- -- ./Henderson_Phillip_SoS_decision_redacted.pdf- ./Henderson_Phillip_SoS_decision_redacted.pdf-The panel carefully considered the case before it and reached a decision. ./Henderson_Phillip_SoS_decision_redacted.pdf- ./Henderson_Phillip_SoS_decision_redacted.pdf-Mr Henderson was employed as a teacher at the Campsbourne Primary School (‘the ./Henderson_Phillip_SoS_decision_redacted.pdf-School’) from September 2017. ./Henderson_Phillip_SoS_decision_redacted.pdf- ./Henderson_Phillip_SoS_decision_redacted.pdf-In December 2017, Mr Henderson began speaking to Individual A on [REDACTED]. The ./Henderson_Phillip_SoS_decision_redacted.pdf-communication then took place on WhatsApp and Wickr. ./Henderson_Phillip_SoS_decision_redacted.pdf- ./Henderson_Phillip_SoS_decision_redacted.pdf-On 14 April 2018, Individual A informed the police that a male had divulged to ./Henderson_Phillip_SoS_decision_redacted.pdf:[REDACTED] that the male had been sexually abusing children. ./Henderson_Phillip_SoS_decision_redacted.pdf- ./Henderson_Phillip_SoS_decision_redacted.pdf-Mr Henderson was arrested and interviewed by the police on 15 April 2018. Mr ./Henderson_Phillip_SoS_decision_redacted.pdf-Henderson disclosed that he had ‘crystal meth’ at his home address and was further ./Henderson_Phillip_SoS_decision_redacted.pdf-arrested for possession of a Class A drug. ./Henderson_Phillip_SoS_decision_redacted.pdf- ./Henderson_Phillip_SoS_decision_redacted.pdf- ./Henderson_Phillip_SoS_decision_redacted.pdf- ./Henderson_Phillip_SoS_decision_redacted.pdf- 7 ./Henderson_Phillip_SoS_decision_redacted.pdf- -- ./Henderson_Phillip_SoS_decision_redacted.pdf- ./Henderson_Phillip_SoS_decision_redacted.pdf-The panel noted the Record of Simple Caution contained within the bundle. The panel ./Henderson_Phillip_SoS_decision_redacted.pdf-was advised that, as set out in the Teacher Misconduct: the prohibition of teachers ./Henderson_Phillip_SoS_decision_redacted.pdf-(February 2022) (the ‘Advice’), although it could not deem evidence of a caution to be ./Henderson_Phillip_SoS_decision_redacted.pdf-conclusive of relevant facts in the same way as a conviction, it does carry significant ./Henderson_Phillip_SoS_decision_redacted.pdf-weight. ./Henderson_Phillip_SoS_decision_redacted.pdf- ./Henderson_Phillip_SoS_decision_redacted.pdf-The panel found allegations 1 and 2 proven. ./Henderson_Phillip_SoS_decision_redacted.pdf- ./Henderson_Phillip_SoS_decision_redacted.pdf-3. You exchanged electronic messages with Individual A in which you stated that ./Henderson_Phillip_SoS_decision_redacted.pdf: you had engaged in sexual activity with one or more children or used words to ./Henderson_Phillip_SoS_decision_redacted.pdf- that effect. ./Henderson_Phillip_SoS_decision_redacted.pdf- ./Henderson_Phillip_SoS_decision_redacted.pdf-The panel noted that within the response to the notice of proceedings and in the ./Henderson_Phillip_SoS_decision_redacted.pdf-statement of agreed and disputed facts, signed by Mr Henderson on 14 November 2022, ./Henderson_Phillip_SoS_decision_redacted.pdf-Mr Henderson denied allegation 3. ./Henderson_Phillip_SoS_decision_redacted.pdf- ./Henderson_Phillip_SoS_decision_redacted.pdf- 8 ./Henderson_Phillip_SoS_decision_redacted.pdf- -- ./Henderson_Phillip_SoS_decision_redacted.pdf-Mr Henderson denied that he exchanged electronic messages with Individual A, in which ./Henderson_Phillip_SoS_decision_redacted.pdf:he stated that he had engaged in sexual activity with one or more children or used words ./Henderson_Phillip_SoS_decision_redacted.pdf-to that effect. Mr Henderson could not recall specifically speaking to Individual A but ./Henderson_Phillip_SoS_decision_redacted.pdf-accepted upon receipt of the documentation obtained by the police that he did speak to ./Henderson_Phillip_SoS_decision_redacted.pdf-Individual A on [REDACTED], WhatsApp and Wickr in and around December 2017. ./Henderson_Phillip_SoS_decision_redacted.pdf- ./Henderson_Phillip_SoS_decision_redacted.pdf-Mr Henderson admitted that an electronic message was sent from his mobile phone to ./Henderson_Phillip_SoS_decision_redacted.pdf-Individual A in or around December 2017 and that from that message it could be inferred ./Henderson_Phillip_SoS_decision_redacted.pdf:by Individual A that Mr Henderson had had sexual activity with a 13 year old. Mr ./Henderson_Phillip_SoS_decision_redacted.pdf:Henderson denied actually engaging in sexual activity with any child. ./Henderson_Phillip_SoS_decision_redacted.pdf- ./Henderson_Phillip_SoS_decision_redacted.pdf-Mr Henderson further denied that he sent electronic messages to Individual A in or ./Henderson_Phillip_SoS_decision_redacted.pdf-around December 2017, appearing to suggest that he had attempted to cause / incite a ./Henderson_Phillip_SoS_decision_redacted.pdf:[REDACTED] under 13 years old to engage in sexual activity, specifically that he had ./Henderson_Phillip_SoS_decision_redacted.pdf:sexually touched an 11 year old, groomed a 9 year old and kissed and touched a “little ./Henderson_Phillip_SoS_decision_redacted.pdf-[REDACTED]”. ./Henderson_Phillip_SoS_decision_redacted.pdf- ./Henderson_Phillip_SoS_decision_redacted.pdf-The panel noted screenshots of the messages between Mr Henderson and Individual A ./Henderson_Phillip_SoS_decision_redacted.pdf-submitted as part of the bundle. ./Henderson_Phillip_SoS_decision_redacted.pdf- ./Henderson_Phillip_SoS_decision_redacted.pdf-The panel considered there were two elements to this allegation: first whether Mr ./Henderson_Phillip_SoS_decision_redacted.pdf-Henderson had exchanged the electronic messages in question with Individual A (i.e. ./Henderson_Phillip_SoS_decision_redacted.pdf-those in the hearing bundle); and second (if so) whether Mr Henderson stated within ./Henderson_Phillip_SoS_decision_redacted.pdf:those messages that he had engaged in sexual activity with one or more children or used ./Henderson_Phillip_SoS_decision_redacted.pdf-words to that effect. ./Henderson_Phillip_SoS_decision_redacted.pdf- ./Henderson_Phillip_SoS_decision_redacted.pdf-In relation to the first aspect of the allegation that the panel had to decide, it concluded on ./Henderson_Phillip_SoS_decision_redacted.pdf-the balance of probabilities that Mr Henderson did send the messages to Individual A. ./Henderson_Phillip_SoS_decision_redacted.pdf- ./Henderson_Phillip_SoS_decision_redacted.pdf-The panel noted that when he was first questioned by the Police about the messages, Mr ./Henderson_Phillip_SoS_decision_redacted.pdf-Henderson said he had no recollection of them. However, he accepted that the mobile ./Henderson_Phillip_SoS_decision_redacted.pdf-telephone number used was his own, and he admitted using the social media sites in ./Henderson_Phillip_SoS_decision_redacted.pdf-question. Furthermore, when presented with the messages by the Police, Mr Henderson ./Henderson_Phillip_SoS_decision_redacted.pdf-was readily able to put forward an explanation for the numerical references involved and -- ./Henderson_Phillip_SoS_decision_redacted.pdf:house for casual sex” and that there were occasions during these ‘hang outs’ that he let ./Henderson_Phillip_SoS_decision_redacted.pdf-other [REDACTED] use his phone and times when others would have had access to it. ./Henderson_Phillip_SoS_decision_redacted.pdf- ./Henderson_Phillip_SoS_decision_redacted.pdf-However, even at this juncture, Mr Henderson did not explicitly assert that the messages ./Henderson_Phillip_SoS_decision_redacted.pdf-being relied on by the TRA (and which were before the panel at this hearing), were not ./Henderson_Phillip_SoS_decision_redacted.pdf-sent by him. Instead, the panel considered that the letter merely raised this inference. ./Henderson_Phillip_SoS_decision_redacted.pdf-However, no evidence or explanation was presented to support the inference. For ./Henderson_Phillip_SoS_decision_redacted.pdf-example, there was no explanation for why someone else would have chosen to write the ./Henderson_Phillip_SoS_decision_redacted.pdf-sorts of messages in question. Equally, no explanation was present for how someone ./Henderson_Phillip_SoS_decision_redacted.pdf-else could have had consistent access to Mr Henderson’s phone during the period of ./Henderson_Phillip_SoS_decision_redacted.pdf-time over which the messages span. Furthermore, the panel felt that the style and -- ./Henderson_Phillip_SoS_decision_redacted.pdf-Henderson, there was no specific assertion that the messages in question had been ./Henderson_Phillip_SoS_decision_redacted.pdf-written by someone else. Instead, it was merely suggested that Mr Henderson believed it ./Henderson_Phillip_SoS_decision_redacted.pdf-was “…entirely possible that someone other than him may have had access to his ./Henderson_Phillip_SoS_decision_redacted.pdf-phone… and sent the messages in question”. ./Henderson_Phillip_SoS_decision_redacted.pdf- ./Henderson_Phillip_SoS_decision_redacted.pdf-In the absence of any cogent explanation to support the inference Mr Henderson had ./Henderson_Phillip_SoS_decision_redacted.pdf-raised, and noting also its late presentation, the panel concluded that the most likely ./Henderson_Phillip_SoS_decision_redacted.pdf-explanation was that the messages in question were sent by Mr Henderson. ./Henderson_Phillip_SoS_decision_redacted.pdf- ./Henderson_Phillip_SoS_decision_redacted.pdf-Having concluded that Mr Henderson had sent the messages, the panel went on to ./Henderson_Phillip_SoS_decision_redacted.pdf:consider whether he stated within them that he had engaged in sexual activity with one or ./Henderson_Phillip_SoS_decision_redacted.pdf-more children or used words to that effect. ./Henderson_Phillip_SoS_decision_redacted.pdf- ./Henderson_Phillip_SoS_decision_redacted.pdf-The panel considered these messages carefully and noted that they took place over a ./Henderson_Phillip_SoS_decision_redacted.pdf-sustained period of time and involved references to “younger [REDACTED]”, “teen ./Henderson_Phillip_SoS_decision_redacted.pdf-[REDACTED]” and multiple references to “[REDACTED]”; statements that “[REDACTED] ./Henderson_Phillip_SoS_decision_redacted.pdf-[being Mr Henderson’s] number one turn on” and the “younger I go, [the] more I want”. In ./Henderson_Phillip_SoS_decision_redacted.pdf-addition, Mr Henderson asked whether Individual A attended an “[REDACTED] school”. ./Henderson_Phillip_SoS_decision_redacted.pdf-The panel considered that such consistent references did indicate that Mr Henderson ./Henderson_Phillip_SoS_decision_redacted.pdf:was expressing a sexual interest in under-age [REDACTED]. ./Henderson_Phillip_SoS_decision_redacted.pdf- ./Henderson_Phillip_SoS_decision_redacted.pdf-However, the panel noted that Mr Henderson had asserted that he does not have any ./Henderson_Phillip_SoS_decision_redacted.pdf:sexual attraction towards children. Instead, he asserts that, as a [REDACTED] male, he ./Henderson_Phillip_SoS_decision_redacted.pdf-is attracted to older [REDACTED]. Mr Henderson’s evidence was that his references to ./Henderson_Phillip_SoS_decision_redacted.pdf-‘[REDACTED]’ arose in the context of and consistent with slang terminology used within ./Henderson_Phillip_SoS_decision_redacted.pdf-the [REDACTED] community to refer to [REDACTED] younger than themselves (but who ./Henderson_Phillip_SoS_decision_redacted.pdf-are aged over age 18). Furthermore, he asserted that when he referred to numbers, he ./Henderson_Phillip_SoS_decision_redacted.pdf-was referring to [REDACTED] size. ./Henderson_Phillip_SoS_decision_redacted.pdf- ./Henderson_Phillip_SoS_decision_redacted.pdf- ./Henderson_Phillip_SoS_decision_redacted.pdf- ./Henderson_Phillip_SoS_decision_redacted.pdf- 10 ./Henderson_Phillip_SoS_decision_redacted.pdf- -- ./Henderson_Phillip_SoS_decision_redacted.pdf-acknowledged (for the reasons set out above), could be references to [REDACTED] size. ./Henderson_Phillip_SoS_decision_redacted.pdf-However, there was no similar objectification or alignment to someone/something else ./Henderson_Phillip_SoS_decision_redacted.pdf-when Mr Henderson answered the direct questions Individual A raised of him (as ./Henderson_Phillip_SoS_decision_redacted.pdf-described in the paragraph immediately above). ./Henderson_Phillip_SoS_decision_redacted.pdf- ./Henderson_Phillip_SoS_decision_redacted.pdf-In response to those questions, Mr Henderson simply provided a number, and the ./Henderson_Phillip_SoS_decision_redacted.pdf-answer “14” was given in the specific context of a question concerning the age of Mr ./Henderson_Phillip_SoS_decision_redacted.pdf-Henderson’s “regulars”. Without any surrounding context (as Mr Henderson provided in ./Henderson_Phillip_SoS_decision_redacted.pdf-his other messages), and given the specific and unambiguous nature of the question, the ./Henderson_Phillip_SoS_decision_redacted.pdf-panel concluded that Mr Henderson’s answer was more likely than not a reference to the ./Henderson_Phillip_SoS_decision_redacted.pdf:expressed age of his regular sexual partners. ./Henderson_Phillip_SoS_decision_redacted.pdf- ./Henderson_Phillip_SoS_decision_redacted.pdf-Equally, the answer “13” was given in response to the question of how “low” Mr ./Henderson_Phillip_SoS_decision_redacted.pdf-Henderson had gone. Even if it were to accept that Mr Henderson’s references to him ./Henderson_Phillip_SoS_decision_redacted.pdf-“working on a 9” and having “touched an 11” were references to other [REDACTED], the ./Henderson_Phillip_SoS_decision_redacted.pdf-panel concluded that the same explanation would not make sense in the context of Mr ./Henderson_Phillip_SoS_decision_redacted.pdf-Henderson answering that 13 was as low as he had gone. That is because the other ./Henderson_Phillip_SoS_decision_redacted.pdf-numerical references Mr Henderson had made were lower. As a result, the panel ./Henderson_Phillip_SoS_decision_redacted.pdf-concluded that the answer “13” was more likely than not a reference to the youngest ./Henderson_Phillip_SoS_decision_redacted.pdf:sexual partner that Mr Henderson was asserting he had had. ./Henderson_Phillip_SoS_decision_redacted.pdf- ./Henderson_Phillip_SoS_decision_redacted.pdf-Finally, the Panel noted that within the police case summary there is reference to ./Henderson_Phillip_SoS_decision_redacted.pdf-Individual A stating that he spoke with Mr Henderson using FaceTime. The panel ./Henderson_Phillip_SoS_decision_redacted.pdf-acknowledged that (unlike the social media posts that were before it in the hearing ./Henderson_Phillip_SoS_decision_redacted.pdf-bundle), it did not have any corresponding footage, a transcript of the conversation, or ./Henderson_Phillip_SoS_decision_redacted.pdf- ./Henderson_Phillip_SoS_decision_redacted.pdf- 11 ./Henderson_Phillip_SoS_decision_redacted.pdf- -- ./Henderson_Phillip_SoS_decision_redacted.pdf-The panel also found it persuasive that it was Mr Henderson who repeatedly returned to ./Henderson_Phillip_SoS_decision_redacted.pdf-the topic of age and made reference to people of a younger age. For example, the panel ./Henderson_Phillip_SoS_decision_redacted.pdf-noted Mr Henderson asking if Individual A was “into younger [REDACTED]” and “teen ./Henderson_Phillip_SoS_decision_redacted.pdf-[REDACTED]” and later asking “how young [Individual A had] been”. Mr Henderson also ./Henderson_Phillip_SoS_decision_redacted.pdf-asked Individual A if he had attended “an [REDACTED] school”. Also, and in particular, ./Henderson_Phillip_SoS_decision_redacted.pdf-Mr Henderson had stated “I love it, younger I go, more I want”. ./Henderson_Phillip_SoS_decision_redacted.pdf- ./Henderson_Phillip_SoS_decision_redacted.pdf-Taking into account all of the available evidence, and on the balance of probabilities, the ./Henderson_Phillip_SoS_decision_redacted.pdf-panel concluded that, although some of Mr Henderson’s messages could be explained ./Henderson_Phillip_SoS_decision_redacted.pdf-away as references to [REDACTED], there was nevertheless evidence that Mr ./Henderson_Phillip_SoS_decision_redacted.pdf:Henderson had sent messages in which he stated that he had engaged in sexual activity ./Henderson_Phillip_SoS_decision_redacted.pdf-with one or more children or used words to that effect. ./Henderson_Phillip_SoS_decision_redacted.pdf- ./Henderson_Phillip_SoS_decision_redacted.pdf-For the avoidance of doubt, the panel wishes to record that in reaching its conclusions it ./Henderson_Phillip_SoS_decision_redacted.pdf:makes no finding as to whether Mr Henderson actually engaged in sexual activity with ./Henderson_Phillip_SoS_decision_redacted.pdf-one or more children. Instead, its decision is confined to whether the messages it found ./Henderson_Phillip_SoS_decision_redacted.pdf-he had sent provided evidence that he had asserted that he had engaged in such activity. ./Henderson_Phillip_SoS_decision_redacted.pdf- ./Henderson_Phillip_SoS_decision_redacted.pdf-The panel found allegation 3 proven. ./Henderson_Phillip_SoS_decision_redacted.pdf- ./Henderson_Phillip_SoS_decision_redacted.pdf:4. Your conduct as may be proven at allegation 3 demonstrated a sexual interest ./Henderson_Phillip_SoS_decision_redacted.pdf: in children and/or was sexually motivated. ./Henderson_Phillip_SoS_decision_redacted.pdf- ./Henderson_Phillip_SoS_decision_redacted.pdf-The panel noted that within the response to the notice of proceedings and in the ./Henderson_Phillip_SoS_decision_redacted.pdf-statement of agreed and disputed facts, signed by Mr Henderson on 14 November 2022, ./Henderson_Phillip_SoS_decision_redacted.pdf:Mr Henderson denied that his conduct at allegation 3 demonstrated a sexual interest in ./Henderson_Phillip_SoS_decision_redacted.pdf:children and was sexually motivated. ./Henderson_Phillip_SoS_decision_redacted.pdf- ./Henderson_Phillip_SoS_decision_redacted.pdf-The panel’s attention was drawn to section 78 of the Sexual Offences Act 2003 and to ./Henderson_Phillip_SoS_decision_redacted.pdf-the cases of Sait v The General Medical Council [2018], Basson v General Medical ./Henderson_Phillip_SoS_decision_redacted.pdf-Council [2018] and The General Medical Counsel v Haris [2020] EWHC 2518. ./Henderson_Phillip_SoS_decision_redacted.pdf- ./Henderson_Phillip_SoS_decision_redacted.pdf:The panel considered whether the conduct was sexually motivated. It noted that in ./Henderson_Phillip_SoS_decision_redacted.pdf:Basson it was stated that “A sexual motive means that the conduct was done either in ./Henderson_Phillip_SoS_decision_redacted.pdf:pursuit of sexual gratification or in pursuit of a sexual relationship”. The panel further ./Henderson_Phillip_SoS_decision_redacted.pdf- ./Henderson_Phillip_SoS_decision_redacted.pdf- ./Henderson_Phillip_SoS_decision_redacted.pdf- 12 ./Henderson_Phillip_SoS_decision_redacted.pdf- -- ./Henderson_Phillip_SoS_decision_redacted.pdf-considered that in Haris, the High Court indicated that the criteria in Basson sets the bar ./Henderson_Phillip_SoS_decision_redacted.pdf-too high. Foster J stated: ./Henderson_Phillip_SoS_decision_redacted.pdf- ./Henderson_Phillip_SoS_decision_redacted.pdf- “in the present case it is in my judgement clear beyond argument that the intimate ./Henderson_Phillip_SoS_decision_redacted.pdf: touching of Patients A and B was sexual and that answering a question as to the ./Henderson_Phillip_SoS_decision_redacted.pdf- motivation of the toucher, the only available answer, is yes, the motivation must ./Henderson_Phillip_SoS_decision_redacted.pdf: have been sexual[…]” ./Henderson_Phillip_SoS_decision_redacted.pdf- ./Henderson_Phillip_SoS_decision_redacted.pdf- “Of course, there are significant differences in the context and the analogy is not ./Henderson_Phillip_SoS_decision_redacted.pdf: exact, but it does seem to me that pleading ‘sexual motivation’ is unhelpful. ./Henderson_Phillip_SoS_decision_redacted.pdf: Similarly to look for ‘sexual gratification” may be misleading or overcomplicating. It ./Henderson_Phillip_SoS_decision_redacted.pdf- is irrelevant to the actions which the GMC would wish to proscribe whether or not ./Henderson_Phillip_SoS_decision_redacted.pdf: the perpetrator was sexually “gratified” at all – whether before, after or during the ./Henderson_Phillip_SoS_decision_redacted.pdf- act in question. Gratification, as with “pursuit of a relationship” are, pace the ./Henderson_Phillip_SoS_decision_redacted.pdf- analysis of Mostyn J in Basson, not helpful in my judgement in promoting the ./Henderson_Phillip_SoS_decision_redacted.pdf- public interests at stake here. These criteria set the bar too high and I respectfully ./Henderson_Phillip_SoS_decision_redacted.pdf- disagree that they represent the law”. ./Henderson_Phillip_SoS_decision_redacted.pdf- ./Henderson_Phillip_SoS_decision_redacted.pdf: “Had the touching been pleaded as being ‘sexual’ and had the Tribunal asked ./Henderson_Phillip_SoS_decision_redacted.pdf- themselves whether in all the circumstances, which includes the absence of ./Henderson_Phillip_SoS_decision_redacted.pdf- accident[…] absence of consent […] and any other clinical or other proper ./Henderson_Phillip_SoS_decision_redacted.pdf- justification […] then it seems to me impossible they would have reached any ./Henderson_Phillip_SoS_decision_redacted.pdf: conclusion other than that the touching was sexual”. ./Henderson_Phillip_SoS_decision_redacted.pdf- ./Henderson_Phillip_SoS_decision_redacted.pdf-On examination of the documents before the panel and consideration of the wider ./Henderson_Phillip_SoS_decision_redacted.pdf-documentary and oral evidence, the panel concluded that Mr Henderson’s conduct as set ./Henderson_Phillip_SoS_decision_redacted.pdf:out in allegation 3 was sexually motivated. The panel was of the view that there was no ./Henderson_Phillip_SoS_decision_redacted.pdf-other plausible reason for this conduct. In particular, the panel noted that Mr Henderson’s ./Henderson_Phillip_SoS_decision_redacted.pdf:comments arose in the context of sexually explicit messaging on social media sites which ./Henderson_Phillip_SoS_decision_redacted.pdf:Mr Henderson stated he was using for the purpose of finding sexual partners. This led ./Henderson_Phillip_SoS_decision_redacted.pdf:the panel to conclude that Mr Henderson’s motivation was sexual. ./Henderson_Phillip_SoS_decision_redacted.pdf- ./Henderson_Phillip_SoS_decision_redacted.pdf:The panel also considered that, had the allegation been pleaded as conduct of a sexual ./Henderson_Phillip_SoS_decision_redacted.pdf-nature, then it would be impossible to reach any other conclusion other than that the ./Henderson_Phillip_SoS_decision_redacted.pdf:conduct was sexual, as set out in Haris. ./Henderson_Phillip_SoS_decision_redacted.pdf- ./Henderson_Phillip_SoS_decision_redacted.pdf-Furthermore, for all the reasons set out in relation to allegation 3, the panel also ./Henderson_Phillip_SoS_decision_redacted.pdf-concluded that Mr Henderson’s conduct as found proved by the panel demonstrated a ./Henderson_Phillip_SoS_decision_redacted.pdf:sexual interest in children. ./Henderson_Phillip_SoS_decision_redacted.pdf- ./Henderson_Phillip_SoS_decision_redacted.pdf-The panel found allegation 4 proven. ./Henderson_Phillip_SoS_decision_redacted.pdf- ./Henderson_Phillip_SoS_decision_redacted.pdf- ./Henderson_Phillip_SoS_decision_redacted.pdf- ./Henderson_Phillip_SoS_decision_redacted.pdf- ./Henderson_Phillip_SoS_decision_redacted.pdf- 13 ./Henderson_Phillip_SoS_decision_redacted.pdf- -- ./Henderson_Phillip_SoS_decision_redacted.pdf- frameworks which set out their professional duties and responsibilities. ./Henderson_Phillip_SoS_decision_redacted.pdf- ./Henderson_Phillip_SoS_decision_redacted.pdf-The panel was satisfied that the conduct of Mr Henderson amounted to misconduct of a ./Henderson_Phillip_SoS_decision_redacted.pdf-serious nature which fell significantly short of the standards expected of the profession. ./Henderson_Phillip_SoS_decision_redacted.pdf- ./Henderson_Phillip_SoS_decision_redacted.pdf-The panel also considered whether Mr Henderson’s conduct displayed behaviours ./Henderson_Phillip_SoS_decision_redacted.pdf-associated with any of the offences listed on pages 12 and 13 of the Advice. ./Henderson_Phillip_SoS_decision_redacted.pdf- ./Henderson_Phillip_SoS_decision_redacted.pdf-The panel found that the offence of and caution for possession of Class A drugs was ./Henderson_Phillip_SoS_decision_redacted.pdf-relevant. Similarly, having found allegations 3 and 4 proved, the panel also found that Mr ./Henderson_Phillip_SoS_decision_redacted.pdf:Henderson had displayed behaviours associated with the offence type of sexual activity. ./Henderson_Phillip_SoS_decision_redacted.pdf-The Advice indicates that where behaviours associated with such offence types exist, a ./Henderson_Phillip_SoS_decision_redacted.pdf-panel is more likely to conclude that an individual’s conduct would amount to ./Henderson_Phillip_SoS_decision_redacted.pdf-unacceptable professional conduct. ./Henderson_Phillip_SoS_decision_redacted.pdf- ./Henderson_Phillip_SoS_decision_redacted.pdf-The panel noted that the allegations took place outside the education setting, in that Mr ./Henderson_Phillip_SoS_decision_redacted.pdf-Henderson was in possession of a Class A drug in his home and engaged in messages ./Henderson_Phillip_SoS_decision_redacted.pdf-with Individual A outside of the School and via social media. However, the panel believed ./Henderson_Phillip_SoS_decision_redacted.pdf-that this touched upon Mr Henderson’s profession as a teacher, given that the explicit ./Henderson_Phillip_SoS_decision_redacted.pdf:messages spoke about young children, sexual activity involving them and were instigated ./Henderson_Phillip_SoS_decision_redacted.pdf-by Mr Henderson. ./Henderson_Phillip_SoS_decision_redacted.pdf- ./Henderson_Phillip_SoS_decision_redacted.pdf- 14 ./Henderson_Phillip_SoS_decision_redacted.pdf- -- ./Henderson_Phillip_SoS_decision_redacted.pdf- ./Henderson_Phillip_SoS_decision_redacted.pdf-The panel had regard to the particular public interest considerations set out in the Advice ./Henderson_Phillip_SoS_decision_redacted.pdf-and, having done so, found a number of them to be relevant in this case, namely: the ./Henderson_Phillip_SoS_decision_redacted.pdf-safeguarding and wellbeing of pupils and the protection of other members of the public; ./Henderson_Phillip_SoS_decision_redacted.pdf-the maintenance of public confidence in the profession; declaring and upholding proper ./Henderson_Phillip_SoS_decision_redacted.pdf-standards of conduct; and that prohibition strikes the right balance between the rights of ./Henderson_Phillip_SoS_decision_redacted.pdf-the teacher and the public interest, if they are in conflict. ./Henderson_Phillip_SoS_decision_redacted.pdf- ./Henderson_Phillip_SoS_decision_redacted.pdf-In the light of the panel’s findings against Mr Henderson, which involved a caution for ./Henderson_Phillip_SoS_decision_redacted.pdf-possession of Class A drugs and engaging in messages with Individual A in which he ./Henderson_Phillip_SoS_decision_redacted.pdf:stated that he had engaged in sexual activity with one or more children, there was a ./Henderson_Phillip_SoS_decision_redacted.pdf-strong public interest consideration in respect of the protection of pupils, given the ./Henderson_Phillip_SoS_decision_redacted.pdf-serious findings of inappropriate relationships with children. ./Henderson_Phillip_SoS_decision_redacted.pdf- ./Henderson_Phillip_SoS_decision_redacted.pdf-Similarly, the panel considered that public confidence in the profession could be seriously ./Henderson_Phillip_SoS_decision_redacted.pdf-weakened if conduct such as that found against Mr Henderson was not treated with the ./Henderson_Phillip_SoS_decision_redacted.pdf-utmost seriousness when regulating the conduct of the profession. ./Henderson_Phillip_SoS_decision_redacted.pdf- ./Henderson_Phillip_SoS_decision_redacted.pdf-The panel was of the view that a strong public interest consideration in declaring proper ./Henderson_Phillip_SoS_decision_redacted.pdf-standards of conduct in the profession was also present as the conduct found against Mr ./Henderson_Phillip_SoS_decision_redacted.pdf-Henderson was outside that which could reasonably be tolerated. -- ./Henderson_Phillip_SoS_decision_redacted.pdf- • serious departure from the personal and professional conduct elements of the ./Henderson_Phillip_SoS_decision_redacted.pdf- Teachers’ Standards; ./Henderson_Phillip_SoS_decision_redacted.pdf- ./Henderson_Phillip_SoS_decision_redacted.pdf- • the commission of a serious criminal offence, including those that resulted in a ./Henderson_Phillip_SoS_decision_redacted.pdf- conviction or caution, paying particular attention to offences that are ‘relevant ./Henderson_Phillip_SoS_decision_redacted.pdf- matters’ for the purposes of The Police Act 1997 and criminal record disclosures. ./Henderson_Phillip_SoS_decision_redacted.pdf- ./Henderson_Phillip_SoS_decision_redacted.pdf: • sexual misconduct, for example, involving actions that were sexually motivated or ./Henderson_Phillip_SoS_decision_redacted.pdf: of a sexual nature and/or that use or exploit the trust, knowledge or influence ./Henderson_Phillip_SoS_decision_redacted.pdf- derived from the individual’s professional position; ./Henderson_Phillip_SoS_decision_redacted.pdf- ./Henderson_Phillip_SoS_decision_redacted.pdf- • sustained or serious bullying, or other deliberate behaviour that undermines pupils, ./Henderson_Phillip_SoS_decision_redacted.pdf- the profession, the school or colleagues; ./Henderson_Phillip_SoS_decision_redacted.pdf- ./Henderson_Phillip_SoS_decision_redacted.pdf- • a deep-seated attitude that leads to harmful behaviour; and ./Henderson_Phillip_SoS_decision_redacted.pdf- ./Henderson_Phillip_SoS_decision_redacted.pdf- • dishonesty or a lack of integrity, including the deliberate concealment of their ./Henderson_Phillip_SoS_decision_redacted.pdf- actions or purposeful destruction of evidence, especially where these behaviours ./Henderson_Phillip_SoS_decision_redacted.pdf- have been repeated or had serious consequences, or involved the coercion of -- ./Henderson_Phillip_SoS_decision_redacted.pdf- 2021, setting out Mr Henderson’s response to the police report. Mr Henderson ./Henderson_Phillip_SoS_decision_redacted.pdf- submitted that he was struggling with his [REDACTED] and foolishly sought to ./Henderson_Phillip_SoS_decision_redacted.pdf: deal with this through drugs, alcohol and sexual promiscuity. Finally, in this regard, ./Henderson_Phillip_SoS_decision_redacted.pdf- the panel further noted the content of the written representations submitted on 1 ./Henderson_Phillip_SoS_decision_redacted.pdf- December 2022, which also addressed Mr Henderson’s [REDACTED] and his ./Henderson_Phillip_SoS_decision_redacted.pdf- wider personal circumstances. Whilst the panel acknowledged Mr Henderson’s ./Henderson_Phillip_SoS_decision_redacted.pdf- stated [REDACTED], it noted that no supporting [REDACTED] had been provided. ./Henderson_Phillip_SoS_decision_redacted.pdf- As a result, the panel attached limited weight to this evidence. ./Henderson_Phillip_SoS_decision_redacted.pdf- ./Henderson_Phillip_SoS_decision_redacted.pdf- • The panel took into account the fact there is no evidence to suggest that Mr ./Henderson_Phillip_SoS_decision_redacted.pdf- Henderson has anything but a good history in the teaching profession. In this ./Henderson_Phillip_SoS_decision_redacted.pdf- regard, the panel noted the evidence presented by Mr Henderson concerning his ./Henderson_Phillip_SoS_decision_redacted.pdf- employment history, including several successful performance reviews/appraisals -- ./Henderson_Phillip_SoS_decision_redacted.pdf-The panel was of the view that, applying the standard of the ordinary intelligent citizen, it ./Henderson_Phillip_SoS_decision_redacted.pdf-would not be a proportionate and appropriate response to recommend no prohibition ./Henderson_Phillip_SoS_decision_redacted.pdf-order. Recommending that the publication of adverse findings would be sufficient would ./Henderson_Phillip_SoS_decision_redacted.pdf-unacceptably compromise the public interest considerations present in this case, despite ./Henderson_Phillip_SoS_decision_redacted.pdf-the severity of the consequences for Mr Henderson of prohibition. ./Henderson_Phillip_SoS_decision_redacted.pdf- ./Henderson_Phillip_SoS_decision_redacted.pdf-The panel was of the view that prohibition was both proportionate and appropriate. The ./Henderson_Phillip_SoS_decision_redacted.pdf-panel decided that the public interest considerations outweighed the interests of Mr ./Henderson_Phillip_SoS_decision_redacted.pdf:Henderson. The fact that the panel had found sexual motivation was a significant factor ./Henderson_Phillip_SoS_decision_redacted.pdf-in forming that opinion, and the panel placed reliance on the fact that it was Mr ./Henderson_Phillip_SoS_decision_redacted.pdf-Henderson who had repeatedly steered the social media exchanges between him and ./Henderson_Phillip_SoS_decision_redacted.pdf:Individual A towards discussion of underage sex. The panel considered that such a ./Henderson_Phillip_SoS_decision_redacted.pdf-motivation is wholly unacceptable for any member of society, let alone a member of the ./Henderson_Phillip_SoS_decision_redacted.pdf-teaching profession. Possession and use of a Class A drug was also a significant factor ./Henderson_Phillip_SoS_decision_redacted.pdf-in the panel’s decision since, notwithstanding the contrition expressed by Mr Henderson, ./Henderson_Phillip_SoS_decision_redacted.pdf-the panel considered such behaviour was wholly inappropriate for a member of the ./Henderson_Phillip_SoS_decision_redacted.pdf-teaching profession and someone who should act as a role model. Accordingly, the panel ./Henderson_Phillip_SoS_decision_redacted.pdf-made a recommendation to the Secretary of State that a prohibition order should be ./Henderson_Phillip_SoS_decision_redacted.pdf-imposed with immediate effect. ./Henderson_Phillip_SoS_decision_redacted.pdf- ./Henderson_Phillip_SoS_decision_redacted.pdf-The panel went on to consider whether or not it would be appropriate for it to decide to ./Henderson_Phillip_SoS_decision_redacted.pdf-recommend a review period of the order. The panel was mindful that the Advice states ./Henderson_Phillip_SoS_decision_redacted.pdf-that a prohibition order applies for life, but there may be circumstances, in any given ./Henderson_Phillip_SoS_decision_redacted.pdf-case, that may make it appropriate to allow a teacher to apply to have the prohibition ./Henderson_Phillip_SoS_decision_redacted.pdf-order reviewed after a specified period of time that may not be less than 2 years. ./Henderson_Phillip_SoS_decision_redacted.pdf- ./Henderson_Phillip_SoS_decision_redacted.pdf-The Advice indicates that there are behaviours that, if proved, would militate against the ./Henderson_Phillip_SoS_decision_redacted.pdf:recommendation of a review period. These behaviours include serious sexual ./Henderson_Phillip_SoS_decision_redacted.pdf:misconduct, such as where the act was sexually motivated and resulted in, or had the ./Henderson_Phillip_SoS_decision_redacted.pdf-potential to result in, harm to a person or persons, particularly where the individual has ./Henderson_Phillip_SoS_decision_redacted.pdf:used his professional position to influence or exploit a person or persons; any sexual ./Henderson_Phillip_SoS_decision_redacted.pdf-misconduct involving a child. Having found allegations 3 and 4 proven, the panel found ./Henderson_Phillip_SoS_decision_redacted.pdf:that Mr Henderson was responsible for serious sexual misconduct in that his actions had ./Henderson_Phillip_SoS_decision_redacted.pdf:been sexually motivated. ./Henderson_Phillip_SoS_decision_redacted.pdf- ./Henderson_Phillip_SoS_decision_redacted.pdf-The Advice also indicates that there are behaviours that, if proved, would have greater ./Henderson_Phillip_SoS_decision_redacted.pdf-relevance and weigh in favour of a longer review period. One of these behaviours include ./Henderson_Phillip_SoS_decision_redacted.pdf-possession (including for personal use) of any Class A drug. The panel found that Mr ./Henderson_Phillip_SoS_decision_redacted.pdf-Henderson was responsible for receiving a police caution for being in possession of a ./Henderson_Phillip_SoS_decision_redacted.pdf-Class A drug. ./Henderson_Phillip_SoS_decision_redacted.pdf- ./Henderson_Phillip_SoS_decision_redacted.pdf-The panel decided that the findings indicated a situation in which a review period would ./Henderson_Phillip_SoS_decision_redacted.pdf-not be appropriate and, as such, decided that it would be proportionate, in all the ./Henderson_Phillip_SoS_decision_redacted.pdf- -- ./Henderson_Phillip_SoS_decision_redacted.pdf- own attendance and punctuality. ./Henderson_Phillip_SoS_decision_redacted.pdf- ./Henderson_Phillip_SoS_decision_redacted.pdf- • Teachers must have an understanding of, and always act within, the statutory ./Henderson_Phillip_SoS_decision_redacted.pdf- frameworks which set out their professional duties and responsibilities. ./Henderson_Phillip_SoS_decision_redacted.pdf- ./Henderson_Phillip_SoS_decision_redacted.pdf-The panel finds that the conduct of Mr Henderson fell significantly short of the standards ./Henderson_Phillip_SoS_decision_redacted.pdf-expected of the profession. ./Henderson_Phillip_SoS_decision_redacted.pdf- ./Henderson_Phillip_SoS_decision_redacted.pdf-The findings of misconduct are particularly serious as they include a finding which ./Henderson_Phillip_SoS_decision_redacted.pdf-involved a caution for possession of Class A drugs and conduct which demonstrated a ./Henderson_Phillip_SoS_decision_redacted.pdf:sexual interest in children and was sexually motivated. ./Henderson_Phillip_SoS_decision_redacted.pdf- ./Henderson_Phillip_SoS_decision_redacted.pdf-I have to determine whether the imposition of a prohibition order is proportionate and in ./Henderson_Phillip_SoS_decision_redacted.pdf-the public interest. In considering that for this case, I have considered the overall aim of a ./Henderson_Phillip_SoS_decision_redacted.pdf-prohibition order which is to protect pupils and to maintain public confidence in the ./Henderson_Phillip_SoS_decision_redacted.pdf-profession. I have considered the extent to which a prohibition order in this case would ./Henderson_Phillip_SoS_decision_redacted.pdf-achieve that aim taking into account the impact that it will have on the individual teacher. ./Henderson_Phillip_SoS_decision_redacted.pdf- ./Henderson_Phillip_SoS_decision_redacted.pdf- 20 ./Henderson_Phillip_SoS_decision_redacted.pdf- -- ./Henderson_Phillip_SoS_decision_redacted.pdf-I have also asked myself, whether a less intrusive measure, such as the published ./Henderson_Phillip_SoS_decision_redacted.pdf-finding of unacceptable professional conduct and conduct that may bring the profession ./Henderson_Phillip_SoS_decision_redacted.pdf-into disrepute, would itself be sufficient to achieve the overall aim. I have to consider ./Henderson_Phillip_SoS_decision_redacted.pdf-whether the consequences of such a publication are themselves sufficient. I have ./Henderson_Phillip_SoS_decision_redacted.pdf-considered therefore whether or not prohibiting Mr Henderson, and the impact that will ./Henderson_Phillip_SoS_decision_redacted.pdf-have on the teacher, is proportionate and in the public interest. ./Henderson_Phillip_SoS_decision_redacted.pdf- ./Henderson_Phillip_SoS_decision_redacted.pdf-In this case, I have considered the extent to which a prohibition order would protect ./Henderson_Phillip_SoS_decision_redacted.pdf-pupils. The panel has observed, “In the light of the panel’s findings against Mr ./Henderson_Phillip_SoS_decision_redacted.pdf-Henderson, which involved a caution for possession of Class A drugs and engaging in ./Henderson_Phillip_SoS_decision_redacted.pdf:messages with Individual A in which he stated that he had engaged in sexual activity with ./Henderson_Phillip_SoS_decision_redacted.pdf-one or more children, there was a strong public interest consideration in respect of the ./Henderson_Phillip_SoS_decision_redacted.pdf-protection of pupils, given the serious findings of inappropriate relationships with ./Henderson_Phillip_SoS_decision_redacted.pdf-children.” A prohibition order would therefore prevent such a risk from being present in ./Henderson_Phillip_SoS_decision_redacted.pdf-the future. ./Henderson_Phillip_SoS_decision_redacted.pdf- ./Henderson_Phillip_SoS_decision_redacted.pdf-I have also taken into account the panel’s comments on insight and remorse, which the ./Henderson_Phillip_SoS_decision_redacted.pdf-panel sets out as follows, “Although Mr Henderson did not attend the hearing, and had ./Henderson_Phillip_SoS_decision_redacted.pdf-not provided a witness statement, he had otherwise co-operated with the process. He ./Henderson_Phillip_SoS_decision_redacted.pdf-had accepted allegations 1 and 2 and had recognised that, although he asserted it took ./Henderson_Phillip_SoS_decision_redacted.pdf-place outside of school time and did not impact his work, his behaviour in taking drugs ./Henderson_Phillip_SoS_decision_redacted.pdf-was inappropriate and wrong. He had further accepted that the choices he had made, ./Henderson_Phillip_SoS_decision_redacted.pdf-irrespective of the circumstances surrounding them, were unacceptable for a teacher and ./Henderson_Phillip_SoS_decision_redacted.pdf-sincerely apologised for them. Within the written representations submitted by his ./Henderson_Phillip_SoS_decision_redacted.pdf-representative, it was stated that there has not been a day gone by where Mr Henderson ./Henderson_Phillip_SoS_decision_redacted.pdf-has not felt regret and shame for his behaviour.” ./Henderson_Phillip_SoS_decision_redacted.pdf- ./Henderson_Phillip_SoS_decision_redacted.pdf-I have gone on to consider the extent to which a prohibition order would maintain public ./Henderson_Phillip_SoS_decision_redacted.pdf-confidence in the profession. The panel observe, “Similarly, the panel considered that ./Henderson_Phillip_SoS_decision_redacted.pdf-public confidence in the profession could be seriously weakened if conduct such as that ./Henderson_Phillip_SoS_decision_redacted.pdf-found against Mr Henderson was not treated with the utmost seriousness when ./Henderson_Phillip_SoS_decision_redacted.pdf:regulating the conduct of the profession.” I am particularly mindful of the finding of sexual ./Henderson_Phillip_SoS_decision_redacted.pdf:motivated conduct and sexual interest in children in this case and the impact that such a ./Henderson_Phillip_SoS_decision_redacted.pdf-finding has on the reputation of the profession. ./Henderson_Phillip_SoS_decision_redacted.pdf- ./Henderson_Phillip_SoS_decision_redacted.pdf-I have had to consider that the public has a high expectation of professional standards of ./Henderson_Phillip_SoS_decision_redacted.pdf-all teachers and that the public might regard a failure to impose a prohibition order as a ./Henderson_Phillip_SoS_decision_redacted.pdf-failure to uphold those high standards. In weighing these considerations, I have had to ./Henderson_Phillip_SoS_decision_redacted.pdf-consider the matter from the point of view of an “ordinary intelligent and well-informed ./Henderson_Phillip_SoS_decision_redacted.pdf-citizen.” ./Henderson_Phillip_SoS_decision_redacted.pdf- ./Henderson_Phillip_SoS_decision_redacted.pdf-I have considered whether the publication of a finding of unacceptable professional ./Henderson_Phillip_SoS_decision_redacted.pdf-conduct, in the absence of a prohibition order, can itself be regarded by such a person as -- ./Henderson_Phillip_SoS_decision_redacted.pdf-panel noted the evidence presented by Mr Henderson concerning his employment ./Henderson_Phillip_SoS_decision_redacted.pdf-history, including several successful performance reviews/appraisals from previous ./Henderson_Phillip_SoS_decision_redacted.pdf-employment all of which indicate that Mr Henderson performed his then role to a high ./Henderson_Phillip_SoS_decision_redacted.pdf-standard.” A prohibition order would prevent Mr Henderson from teaching. A prohibition ./Henderson_Phillip_SoS_decision_redacted.pdf-order would also clearly deprive the public of his contribution to the profession for the ./Henderson_Phillip_SoS_decision_redacted.pdf-period that it is in force. ./Henderson_Phillip_SoS_decision_redacted.pdf- ./Henderson_Phillip_SoS_decision_redacted.pdf-In this case, I have placed considerable weight on the panel’s comments “The panel was ./Henderson_Phillip_SoS_decision_redacted.pdf-of the view that prohibition was both proportionate and appropriate. The panel decided ./Henderson_Phillip_SoS_decision_redacted.pdf-that the public interest considerations outweighed the interests of Mr Henderson. The fact ./Henderson_Phillip_SoS_decision_redacted.pdf:that the panel had found sexual motivation was a significant factor in forming that ./Henderson_Phillip_SoS_decision_redacted.pdf-opinion, and the panel placed reliance on the fact that it was Mr Henderson who had ./Henderson_Phillip_SoS_decision_redacted.pdf-repeatedly steered the social media exchanges between him and Individual A towards ./Henderson_Phillip_SoS_decision_redacted.pdf:discussion of underage sex. The panel considered that such a motivation is wholly ./Henderson_Phillip_SoS_decision_redacted.pdf-unacceptable for any member of society, let alone a member of the teaching profession. ./Henderson_Phillip_SoS_decision_redacted.pdf- ./Henderson_Phillip_SoS_decision_redacted.pdf-Possession and use of a Class A drug was also a significant factor in the panel’s decision ./Henderson_Phillip_SoS_decision_redacted.pdf-since, notwithstanding the contrition expressed by Mr Henderson, the panel considered ./Henderson_Phillip_SoS_decision_redacted.pdf-such behaviour was wholly inappropriate for a member of the teaching profession and ./Henderson_Phillip_SoS_decision_redacted.pdf-someone who should act as a role model. Accordingly, the panel made a ./Henderson_Phillip_SoS_decision_redacted.pdf-recommendation to the Secretary of State that a prohibition order should be imposed with ./Henderson_Phillip_SoS_decision_redacted.pdf-immediate effect” ./Henderson_Phillip_SoS_decision_redacted.pdf- ./Henderson_Phillip_SoS_decision_redacted.pdf-I have given less weight in my consideration of sanction therefore, to the contribution that -- ./Henderson_Phillip_SoS_decision_redacted.pdf-interest requirement concerning public confidence in the profession. ./Henderson_Phillip_SoS_decision_redacted.pdf- ./Henderson_Phillip_SoS_decision_redacted.pdf-For these reasons, I have concluded that a prohibition order is proportionate and in the ./Henderson_Phillip_SoS_decision_redacted.pdf-public interest in order to achieve the intended aims of a prohibition order. ./Henderson_Phillip_SoS_decision_redacted.pdf- ./Henderson_Phillip_SoS_decision_redacted.pdf-I have gone on to consider the matter of a review period. In this case, the panel has ./Henderson_Phillip_SoS_decision_redacted.pdf-recommended that no provision should be made for a review period. ./Henderson_Phillip_SoS_decision_redacted.pdf- ./Henderson_Phillip_SoS_decision_redacted.pdf-I have considered the panel’s comments “The Advice indicates that there are behaviours ./Henderson_Phillip_SoS_decision_redacted.pdf-that, if proved, would militate against the recommendation of a review period. These ./Henderson_Phillip_SoS_decision_redacted.pdf:behaviours include serious sexual misconduct, such as where the act was sexually ./Henderson_Phillip_SoS_decision_redacted.pdf- ./Henderson_Phillip_SoS_decision_redacted.pdf- ./Henderson_Phillip_SoS_decision_redacted.pdf- 22 ./Henderson_Phillip_SoS_decision_redacted.pdf- -- ./Henderson_Phillip_SoS_decision_redacted.pdf-motivated and resulted in, or had the potential to result in, harm to a person or persons, ./Henderson_Phillip_SoS_decision_redacted.pdf-particularly where the individual has used his professional position to influence or exploit ./Henderson_Phillip_SoS_decision_redacted.pdf:a person or persons; any sexual misconduct involving a child. Having found allegations 3 ./Henderson_Phillip_SoS_decision_redacted.pdf:and 4 proven, the panel found that Mr Henderson was responsible for serious sexual ./Henderson_Phillip_SoS_decision_redacted.pdf:misconduct in that his actions had been sexually motivated.” ./Henderson_Phillip_SoS_decision_redacted.pdf- ./Henderson_Phillip_SoS_decision_redacted.pdf-In this case, factors mean that allowing a review period is not sufficient to achieve the ./Henderson_Phillip_SoS_decision_redacted.pdf-aim of maintaining public confidence in the profession. These elements are the serious ./Henderson_Phillip_SoS_decision_redacted.pdf:nature of the findings, including sexual motivated conduct and possession of a Class A ./Henderson_Phillip_SoS_decision_redacted.pdf-drug. ./Henderson_Phillip_SoS_decision_redacted.pdf- ./Henderson_Phillip_SoS_decision_redacted.pdf-I consider therefore that allowing for no review period is necessary to maintain public ./Henderson_Phillip_SoS_decision_redacted.pdf-confidence and is proportionate and in the public interest. ./Henderson_Phillip_SoS_decision_redacted.pdf- ./Henderson_Phillip_SoS_decision_redacted.pdf-This means that Mr Phillip Henderson is prohibited from teaching indefinitely and ./Henderson_Phillip_SoS_decision_redacted.pdf-cannot teach in any school, sixth form college, relevant youth accommodation or ./Henderson_Phillip_SoS_decision_redacted.pdf-children’s home in England. Furthermore, in view of the seriousness of the allegations ./Henderson_Phillip_SoS_decision_redacted.pdf-found proved against him, I have decided that Mr Henderson shall not be entitled to apply ./Henderson_Phillip_SoS_decision_redacted.pdf-for restoration of his eligibility to teach. ./Hill_Matthew_web_decision_.pdf-It was alleged that Mr Matthew Hill was guilty of unacceptable professional conduct ./Hill_Matthew_web_decision_.pdf-and/or conduct that may bring the profession into disrepute, in that whilst employed at ./Hill_Matthew_web_decision_.pdf-Lyndhurst Junior School, Portsmouth: ./Hill_Matthew_web_decision_.pdf- ./Hill_Matthew_web_decision_.pdf- 1. In December 2012, he masturbated near children during an arranged ./Hill_Matthew_web_decision_.pdf- children’s sleepover at a family centre; ./Hill_Matthew_web_decision_.pdf- ./Hill_Matthew_web_decision_.pdf- 2. In December 2012, he was found to be in possession of inappropriate ./Hill_Matthew_web_decision_.pdf- images/pseudo images of children; ./Hill_Matthew_web_decision_.pdf- ./Hill_Matthew_web_decision_.pdf: 3. His actions set out at paragraphs 1 and/or 2 above was sexually motivated. ./Hill_Matthew_web_decision_.pdf- ./Hill_Matthew_web_decision_.pdf-The above allegations were not admitted. ./Hill_Matthew_web_decision_.pdf- ./Hill_Matthew_web_decision_.pdf- ./Hill_Matthew_web_decision_.pdf-C. Preliminary applications ./Hill_Matthew_web_decision_.pdf-Decision on Proceeding in Absence ./Hill_Matthew_web_decision_.pdf- ./Hill_Matthew_web_decision_.pdf-As Mr Hill was not in attendance, the panel considered whether the hearing should ./Hill_Matthew_web_decision_.pdf-continue in his absence. ./Hill_Matthew_web_decision_.pdf- -- ./Hill_Matthew_web_decision_.pdf-The panel carefully considered the case before it and reached a decision. ./Hill_Matthew_web_decision_.pdf- ./Hill_Matthew_web_decision_.pdf-The panel confirmed that it had read all the documents provided in the bundle in advance ./Hill_Matthew_web_decision_.pdf-of the hearing. ./Hill_Matthew_web_decision_.pdf- ./Hill_Matthew_web_decision_.pdf-Mr Hill was employed as the assistant head teacher and specialist leader in education at ./Hill_Matthew_web_decision_.pdf-Lyndhurst Junior School. Mr Hill also volunteered at Buckland Family Play Centre. ./Hill_Matthew_web_decision_.pdf- ./Hill_Matthew_web_decision_.pdf-On 23 December 2012, during an arranged children’s sleepover at a family centre, Mr Hill ./Hill_Matthew_web_decision_.pdf-allegedly masturbated near children. He was later arrested on suspicion of engaging in ./Hill_Matthew_web_decision_.pdf:sexual activity in the presence of a child under 13 and was interviewed by police under ./Hill_Matthew_web_decision_.pdf-caution. ./Hill_Matthew_web_decision_.pdf- ./Hill_Matthew_web_decision_.pdf-In addition to the above allegation, Mr Hill was also allegedly found to be in possession of ./Hill_Matthew_web_decision_.pdf-inappropriate images/pseudo images of children following the police search of his ./Hill_Matthew_web_decision_.pdf-property. ./Hill_Matthew_web_decision_.pdf- ./Hill_Matthew_web_decision_.pdf- ./Hill_Matthew_web_decision_.pdf- 6 ./Hill_Matthew_web_decision_.pdf- -- ./Hill_Matthew_web_decision_.pdf- ./Hill_Matthew_web_decision_.pdf-The panel considered all of the evidence, noting that the memory card was found in Mr ./Hill_Matthew_web_decision_.pdf-Hill’s bedroom and an indecent movie had been accessed using his password protected ./Hill_Matthew_web_decision_.pdf-laptop; this being established by technical experts. The panel adopted the plain and ./Hill_Matthew_web_decision_.pdf-ordinary meaning of the word “possession” (the state of having, owning or controlling ./Hill_Matthew_web_decision_.pdf-something) and found that, on the balance of probabilities, Mr Hill was in possession of ./Hill_Matthew_web_decision_.pdf-images/pseudo images of children, these being inappropriate given the nature of the ./Hill_Matthew_web_decision_.pdf-images (as described during the police interview). Consequently, the panel found this ./Hill_Matthew_web_decision_.pdf-allegation to be proved. ./Hill_Matthew_web_decision_.pdf- ./Hill_Matthew_web_decision_.pdf: 3. Your actions set out at paragraphs 1 and/or 2 above were sexually ./Hill_Matthew_web_decision_.pdf- motivated. ./Hill_Matthew_web_decision_.pdf- ./Hill_Matthew_web_decision_.pdf-As the panel found allegations 1 and 2 to be proved, the panel went on to consider the ./Hill_Matthew_web_decision_.pdf:two stage test for sexual motivation – firstly, whether on the balance of probabilities a ./Hill_Matthew_web_decision_.pdf:reasonable person would think the actions could be sexual and secondly whether, in all ./Hill_Matthew_web_decision_.pdf-the circumstances of the conduct in the case, it was more likely than not that the ./Hill_Matthew_web_decision_.pdf:teacher’s purpose in such actions was sexual. ./Hill_Matthew_web_decision_.pdf- ./Hill_Matthew_web_decision_.pdf:Mr Hill denied that his actions were sexually motivated. ./Hill_Matthew_web_decision_.pdf- ./Hill_Matthew_web_decision_.pdf-The panel noted that the facts of the allegations found to be proved against Mr Hill, which ./Hill_Matthew_web_decision_.pdf-included masturbation and the possession of indecent images of children, would be ./Hill_Matthew_web_decision_.pdf:viewed by a reasonable person as sexual. In reaching its decision, the panel noted that ./Hill_Matthew_web_decision_.pdf-the very nature of these actions would suffice to satisfy this element of the test. ./Hill_Matthew_web_decision_.pdf- ./Hill_Matthew_web_decision_.pdf-Turning to the second limb, whether in all the circumstances of the conduct of the case, ./Hill_Matthew_web_decision_.pdf:the purpose of such actions was sexual on Mr Hill’s part, the panel was satisfied, in the ./Hill_Matthew_web_decision_.pdf-absence of any other reasonable explanation and as a result of the proven facts, that Mr ./Hill_Matthew_web_decision_.pdf:Hill’s intention behind these actions was indeed sexual. Therefore, the panel found this ./Hill_Matthew_web_decision_.pdf-allegation to be proved. ./Hill_Matthew_web_decision_.pdf- ./Hill_Matthew_web_decision_.pdf- ./Hill_Matthew_web_decision_.pdf- ./Hill_Matthew_web_decision_.pdf- ./Hill_Matthew_web_decision_.pdf- 10 ./Hill_Matthew_web_decision_.pdf- -- ./Hill_Matthew_web_decision_.pdf-  teachers must have an understanding of, and always act within, the statutory ./Hill_Matthew_web_decision_.pdf- frameworks which set out their professional duties and responsibilities ./Hill_Matthew_web_decision_.pdf- ./Hill_Matthew_web_decision_.pdf- ./Hill_Matthew_web_decision_.pdf-The panel was satisfied that the conduct of Mr Hill, which involved masturbating near ./Hill_Matthew_web_decision_.pdf-children and possessing inappropriate images of children, fell significantly short of the ./Hill_Matthew_web_decision_.pdf-standards expected of the profession. ./Hill_Matthew_web_decision_.pdf- ./Hill_Matthew_web_decision_.pdf-The panel also considered whether Mr Hill’s conduct displayed behaviours associated ./Hill_Matthew_web_decision_.pdf-with any of the offences listed on pages 8 and 9 of the Advice. The panel found that the ./Hill_Matthew_web_decision_.pdf:offences of sexual activity and that of any activity involving viewing, taking, making, ./Hill_Matthew_web_decision_.pdf-possessing, distributing or publishing any indecent photograph or image or pseudo ./Hill_Matthew_web_decision_.pdf-photograph or image of a child, or permitting any such activity, including one off ./Hill_Matthew_web_decision_.pdf-incidents, were relevant. ./Hill_Matthew_web_decision_.pdf- ./Hill_Matthew_web_decision_.pdf-The Advice indicates that where behaviours associated with such an offence exist, a ./Hill_Matthew_web_decision_.pdf-panel is likely to conclude that an individual’s conduct would amount to unacceptable ./Hill_Matthew_web_decision_.pdf-professional conduct. ./Hill_Matthew_web_decision_.pdf- ./Hill_Matthew_web_decision_.pdf-The panel noted that the allegations took place outside of the education setting and in ./Hill_Matthew_web_decision_.pdf-such circumstances misconduct will only amount to unacceptable professional conduct if -- ./Hill_Matthew_web_decision_.pdf-considerations both in favour of and against prohibition as well as the interests of Mr Hill. ./Hill_Matthew_web_decision_.pdf-The panel took further account of the Advice, which suggests that a prohibition order may ./Hill_Matthew_web_decision_.pdf-be appropriate if certain behaviours of a teacher have been proven. In the list of such ./Hill_Matthew_web_decision_.pdf-behaviours, those that were relevant in this case were: ./Hill_Matthew_web_decision_.pdf- ./Hill_Matthew_web_decision_.pdf-  serious departure from the personal and professional conduct elements of the ./Hill_Matthew_web_decision_.pdf- Teachers’ Standards ./Hill_Matthew_web_decision_.pdf- o the panel found that Mr Hill’s conduct involved serious departures from the ./Hill_Matthew_web_decision_.pdf- personal and professional conduct elements of the Teachers’ Standards, as ./Hill_Matthew_web_decision_.pdf- the panel has already detailed above ./Hill_Matthew_web_decision_.pdf:  sexual misconduct, e.g. involving actions that were sexually motivated or of a ./Hill_Matthew_web_decision_.pdf: sexual nature ./Hill_Matthew_web_decision_.pdf- o the panel found allegation 3 proven, noting that Mr Hill’s actions were ./Hill_Matthew_web_decision_.pdf: sexually motivated ./Hill_Matthew_web_decision_.pdf-  any activity involving viewing, taking, making, possessing, distributing or ./Hill_Matthew_web_decision_.pdf- publishing any indecent photograph or image or pseudo photograph or image of a ./Hill_Matthew_web_decision_.pdf- child, or permitting such activity, including one-off incidents ./Hill_Matthew_web_decision_.pdf- o the panel found allegation 2 proven, noting that Mr Hill was in the ./Hill_Matthew_web_decision_.pdf- possession of inappropriate images/pseudo images of children and on one ./Hill_Matthew_web_decision_.pdf- occasion a Level 1 movie was accessed ./Hill_Matthew_web_decision_.pdf- ./Hill_Matthew_web_decision_.pdf- ./Hill_Matthew_web_decision_.pdf-Even though there were behaviours that would point to a prohibition order being ./Hill_Matthew_web_decision_.pdf-appropriate, the panel went on to consider whether or not there were sufficient mitigating -- ./Hill_Matthew_web_decision_.pdf-prohibition order should be imposed with immediate effect. ./Hill_Matthew_web_decision_.pdf- ./Hill_Matthew_web_decision_.pdf-The panel went on to consider whether or not it would be appropriate for it to decide to ./Hill_Matthew_web_decision_.pdf-recommend that a review period of the order should be considered. The panel was ./Hill_Matthew_web_decision_.pdf-mindful that the Advice states that a prohibition order applies for life, but there may be ./Hill_Matthew_web_decision_.pdf-circumstances in any given case that may make it appropriate to allow a teacher to apply ./Hill_Matthew_web_decision_.pdf-to have the prohibition order reviewed after a specified period of time that may not be ./Hill_Matthew_web_decision_.pdf-less than two years. ./Hill_Matthew_web_decision_.pdf- ./Hill_Matthew_web_decision_.pdf-The Advice indicates that there are behaviours that, if proven, would militate against the ./Hill_Matthew_web_decision_.pdf:recommendation of a review period. These behaviours include serious sexual ./Hill_Matthew_web_decision_.pdf:misconduct, e.g. where the act was sexually motivated, and any activity involving ./Hill_Matthew_web_decision_.pdf-viewing, taking, making, possessing, distributing or publishing any indecent photograph ./Hill_Matthew_web_decision_.pdf-or image or pseudo photograph or image of a child. The panel found that Mr Hill had ./Hill_Matthew_web_decision_.pdf-been responsible for masturbating near children and possessing inappropriate ./Hill_Matthew_web_decision_.pdf:images/pseudo images of children, such actions being sexually motivated. ./Hill_Matthew_web_decision_.pdf- ./Hill_Matthew_web_decision_.pdf-Accordingly, the panel felt the findings indicated a situation in which a review period ./Hill_Matthew_web_decision_.pdf-would not be appropriate and as such decided that it would be proportionate in all the ./Hill_Matthew_web_decision_.pdf-circumstances for the prohibition order to be recommended without provisions for a ./Hill_Matthew_web_decision_.pdf-review period. ./Hill_Matthew_web_decision_.pdf- ./Hill_Matthew_web_decision_.pdf- ./Hill_Matthew_web_decision_.pdf- ./Hill_Matthew_web_decision_.pdf- ./Hill_Matthew_web_decision_.pdf- 14 -- ./Hill_Matthew_web_decision_.pdf:  sexual misconduct, e.g. involving actions that were sexually motivated or of a ./Hill_Matthew_web_decision_.pdf: sexual nature ./Hill_Matthew_web_decision_.pdf-  any activity involving viewing, taking, making, possessing, distributing or ./Hill_Matthew_web_decision_.pdf- publishing any indecent photograph or image or pseudo photograph or image of a ./Hill_Matthew_web_decision_.pdf- child, or permitting such activity, including one-off incidents. ./Hill_Matthew_web_decision_.pdf-I have also taken into account the mitigating factors set out by the panel in this case. I ./Hill_Matthew_web_decision_.pdf-have in particular noted as the panel did that “the evidence of Witness B and Witness A ./Hill_Matthew_web_decision_.pdf-who described Mr Hill as having been a “fantastic guy” and “brilliant teacher and ./Hill_Matthew_web_decision_.pdf-volunteer”, stating that on the residential event he was the children’s “favourite teacher”.” ./Hill_Matthew_web_decision_.pdf- ./Hill_Matthew_web_decision_.pdf-On balance and having taken into account the seriousness of the behaviours and the ./Hill_Matthew_web_decision_.pdf-advice published I have concluded, like the panel that a prohibition order is proportionate ./Hill_Matthew_web_decision_.pdf-and in the public interest. ./Hill_Matthew_web_decision_.pdf- ./Hill_Matthew_web_decision_.pdf-I have gone on to consider the matter of a review period. I have taken into account the ./Hill_Matthew_web_decision_.pdf-recommendation of the panel as well as the published advice. The Advice indicates that ./Hill_Matthew_web_decision_.pdf-there are behaviours that, if proven, would militate against the recommendation of a ./Hill_Matthew_web_decision_.pdf:review period. These behaviours include serious sexual misconduct, e.g. where the act ./Hill_Matthew_web_decision_.pdf:was sexually motivated, and any activity involving viewing, taking, making, possessing, ./Hill_Matthew_web_decision_.pdf-distributing or publishing any indecent photograph or image or pseudo photograph or ./Hill_Matthew_web_decision_.pdf-image of a child. ./Hill_Matthew_web_decision_.pdf- ./Hill_Matthew_web_decision_.pdf-In this case the panel has found that Mr Hill had been responsible for masturbating near ./Hill_Matthew_web_decision_.pdf-children and possessing inappropriate images/pseudo images of children, such actions ./Hill_Matthew_web_decision_.pdf:being sexually motivated. For these reasons I support the recommendation of the panel. ./Hill_Matthew_web_decision_.pdf-In my judgement it is proportionate and in the public interest for there to be no review ./Hill_Matthew_web_decision_.pdf-period. ./Hill_Matthew_web_decision_.pdf- ./Hill_Matthew_web_decision_.pdf-This means that Mr Matthew Hill is prohibited from teaching indefinitely and cannot ./Hill_Matthew_web_decision_.pdf-teach in any school, sixth form college, relevant youth accommodation or ./Hill_Matthew_web_decision_.pdf-children’s home in England. Furthermore, in view of the seriousness of the allegations ./Hill_Matthew_web_decision_.pdf-found proved against him, I have decided that Mr Matthew Hill shall not be entitled to ./Hill_Matthew_web_decision_.pdf-apply for restoration of his eligibility to teach. ./Hill_Matthew_web_decision_.pdf- ./Hill_Matthew_web_decision_.pdf-This order takes effect from the date on which it is served on the teacher. ./Hill__Cheryl_Web_decision.pdf-B. Allegations ./Hill__Cheryl_Web_decision.pdf-The panel considered the allegations set out in the Notice of Proceedings dated 27 ./Hill__Cheryl_Web_decision.pdf-November 2017 (as amended). ./Hill__Cheryl_Web_decision.pdf- ./Hill__Cheryl_Web_decision.pdf-It was alleged that Ms Cheryl Hill was guilty of unacceptable professional conduct and/or ./Hill__Cheryl_Web_decision.pdf-conduct that may bring the profession into disrepute in that whilst Principal of the ./Hill__Cheryl_Web_decision.pdf-Nicholas Hammond Academy, between 1 November 2012 and 26 August 2016, she ./Hill__Cheryl_Web_decision.pdf-failed to maintain appropriate professional standards in that she: ./Hill__Cheryl_Web_decision.pdf- ./Hill__Cheryl_Web_decision.pdf- 1. Allowed Mr X (who had received a reprimand on 23 January 2013 relating to ./Hill__Cheryl_Web_decision.pdf: inciting a child under 16 into engaging in a sex act on 20 April 2012) to: ./Hill__Cheryl_Web_decision.pdf- a) attend the Academy as a student from September 2013, ./Hill__Cheryl_Web_decision.pdf- b) attend the Academy as a voluntary worker on unknown date in the period ./Hill__Cheryl_Web_decision.pdf- between November 2012 and March/April 2013, ./Hill__Cheryl_Web_decision.pdf- c) undertake paid employment at the Academy from around March/April ./Hill__Cheryl_Web_decision.pdf- 2013, ./Hill__Cheryl_Web_decision.pdf- ./Hill__Cheryl_Web_decision.pdf- 2. Did not carry out adequate and/or timely recruitment and vetting checks for Mr X in ./Hill__Cheryl_Web_decision.pdf- advance of him joining the Academy ./Hill__Cheryl_Web_decision.pdf- 3. Failed to ensure that adequate supervision and/or monitoring arrangements for Mr ./Hill__Cheryl_Web_decision.pdf- X were in place whilst he was at the Academy -- ./Hill__Cheryl_Web_decision.pdf-2016, which led to an investigation and her suspension. ./Hill__Cheryl_Web_decision.pdf- ./Hill__Cheryl_Web_decision.pdf-Findings of fact ./Hill__Cheryl_Web_decision.pdf- ./Hill__Cheryl_Web_decision.pdf-Our findings of fact are as follows: ./Hill__Cheryl_Web_decision.pdf- ./Hill__Cheryl_Web_decision.pdf-The panel has found the following particulars of the allegations against you proven, for ./Hill__Cheryl_Web_decision.pdf-these reasons: ./Hill__Cheryl_Web_decision.pdf- ./Hill__Cheryl_Web_decision.pdf- 1. Allowed Mr X (who had received a reprimand on 23 January 2013 relating to ./Hill__Cheryl_Web_decision.pdf: inciting a child under 16 into engaging in a sex act on 20 April 2012) to: ./Hill__Cheryl_Web_decision.pdf- ./Hill__Cheryl_Web_decision.pdf- a) attend the Academy as a student from September 2013 ./Hill__Cheryl_Web_decision.pdf- ./Hill__Cheryl_Web_decision.pdf- ./Hill__Cheryl_Web_decision.pdf-It was an accepted fact between the parties that Mr X had been issued with a reprimand ./Hill__Cheryl_Web_decision.pdf-for the stem of allegation 1. The panel noted the reprimand document contained within its ./Hill__Cheryl_Web_decision.pdf-bundle at page 120, which was signed by Mr X, and has accepted that such a reprimand ./Hill__Cheryl_Web_decision.pdf-was issued. ./Hill__Cheryl_Web_decision.pdf- ./Hill__Cheryl_Web_decision.pdf-The panel noted the unequivocal admission to this allegation set out in the Statement of ./Hird_Christopher_-_8769498_-_Web_decision_-_18_September_2015_-_updated.pdf- and/or on her thigh; ./Hird_Christopher_-_8769498_-_Web_decision_-_18_September_2015_-_updated.pdf- ./Hird_Christopher_-_8769498_-_Web_decision_-_18_September_2015_-_updated.pdf- ii. On Pupil B’s hair braid; ./Hird_Christopher_-_8769498_-_Web_decision_-_18_September_2015_-_updated.pdf- ./Hird_Christopher_-_8769498_-_Web_decision_-_18_September_2015_-_updated.pdf- iii. Stroking the side of Pupil B’s face. ./Hird_Christopher_-_8769498_-_Web_decision_-_18_September_2015_-_updated.pdf- ./Hird_Christopher_-_8769498_-_Web_decision_-_18_September_2015_-_updated.pdf- b. In relation to Pupil C, in around summer 2002 you; ./Hird_Christopher_-_8769498_-_Web_decision_-_18_September_2015_-_updated.pdf- ./Hird_Christopher_-_8769498_-_Web_decision_-_18_September_2015_-_updated.pdf- i. Engaged in an inappropriate relationship; ./Hird_Christopher_-_8769498_-_Web_decision_-_18_September_2015_-_updated.pdf- ./Hird_Christopher_-_8769498_-_Web_decision_-_18_September_2015_-_updated.pdf: ii. Had sexual intercourse with Pupil C on one or more occasions. ./Hird_Christopher_-_8769498_-_Web_decision_-_18_September_2015_-_updated.pdf- ./Hird_Christopher_-_8769498_-_Web_decision_-_18_September_2015_-_updated.pdf- c. Touched Pupil D inappropriately during a chemistry lesson in February 2009 on ./Hird_Christopher_-_8769498_-_Web_decision_-_18_September_2015_-_updated.pdf- one or more occasions, including on her bottom. ./Hird_Christopher_-_8769498_-_Web_decision_-_18_September_2015_-_updated.pdf- ./Hird_Christopher_-_8769498_-_Web_decision_-_18_September_2015_-_updated.pdf- d. Touched Pupil E inappropriately during a chemistry lesson in February 2009 on ./Hird_Christopher_-_8769498_-_Web_decision_-_18_September_2015_-_updated.pdf- one or more occasions, including on her breast; ./Hird_Christopher_-_8769498_-_Web_decision_-_18_September_2015_-_updated.pdf- ./Hird_Christopher_-_8769498_-_Web_decision_-_18_September_2015_-_updated.pdf- e. In relation to Pupil F; ./Hird_Christopher_-_8769498_-_Web_decision_-_18_September_2015_-_updated.pdf- ./Hird_Christopher_-_8769498_-_Web_decision_-_18_September_2015_-_updated.pdf- i. Between September 2010 and July 2011; -- ./Hird_Christopher_-_8769498_-_Web_decision_-_18_September_2015_-_updated.pdf- ./Hird_Christopher_-_8769498_-_Web_decision_-_18_September_2015_-_updated.pdf- a. Thighs; ./Hird_Christopher_-_8769498_-_Web_decision_-_18_September_2015_-_updated.pdf- ./Hird_Christopher_-_8769498_-_Web_decision_-_18_September_2015_-_updated.pdf- b. Hips; ./Hird_Christopher_-_8769498_-_Web_decision_-_18_September_2015_-_updated.pdf- ./Hird_Christopher_-_8769498_-_Web_decision_-_18_September_2015_-_updated.pdf- c. Side. ./Hird_Christopher_-_8769498_-_Web_decision_-_18_September_2015_-_updated.pdf- ./Hird_Christopher_-_8769498_-_Web_decision_-_18_September_2015_-_updated.pdf- f. In relation to Pupil G, on a date unknown, whilst crouching down you said ‘I’ll try ./Hird_Christopher_-_8769498_-_Web_decision_-_18_September_2015_-_updated.pdf- not to grab your leg’ or words to that effect. ./Hird_Christopher_-_8769498_-_Web_decision_-_18_September_2015_-_updated.pdf- ./Hird_Christopher_-_8769498_-_Web_decision_-_18_September_2015_-_updated.pdf:3. Your actions set out at 1 and 2a, 2b, 2c, 2d and 2e above were sexually motivated. ./Hird_Christopher_-_8769498_-_Web_decision_-_18_September_2015_-_updated.pdf- ./Hird_Christopher_-_8769498_-_Web_decision_-_18_September_2015_-_updated.pdf-The above allegations are not admitted. ./Hird_Christopher_-_8769498_-_Web_decision_-_18_September_2015_-_updated.pdf- ./Hird_Christopher_-_8769498_-_Web_decision_-_18_September_2015_-_updated.pdf- ./Hird_Christopher_-_8769498_-_Web_decision_-_18_September_2015_-_updated.pdf-C. Preliminary applications ./Hird_Christopher_-_8769498_-_Web_decision_-_18_September_2015_-_updated.pdf-Decision to Proceed in the Absence of the Teacher ./Hird_Christopher_-_8769498_-_Web_decision_-_18_September_2015_-_updated.pdf- ./Hird_Christopher_-_8769498_-_Web_decision_-_18_September_2015_-_updated.pdf-As Mr Hird was not in attendance, the panel has considered whether this hearing should ./Hird_Christopher_-_8769498_-_Web_decision_-_18_September_2015_-_updated.pdf-continue in his absence. ./Hird_Christopher_-_8769498_-_Web_decision_-_18_September_2015_-_updated.pdf- -- ./Hird_Christopher_-_8769498_-_Web_decision_-_18_September_2015_-_updated.pdf-panel to find that this allegation is proven. ./Hird_Christopher_-_8769498_-_Web_decision_-_18_September_2015_-_updated.pdf- ./Hird_Christopher_-_8769498_-_Web_decision_-_18_September_2015_-_updated.pdf-2. Whilst employed by South Holderness Technology College (“the College”), as ./Hird_Christopher_-_8769498_-_Web_decision_-_18_September_2015_-_updated.pdf-Head of Science, you failed to maintain appropriate professional boundaries, in ./Hird_Christopher_-_8769498_-_Web_decision_-_18_September_2015_-_updated.pdf-that you: ./Hird_Christopher_-_8769498_-_Web_decision_-_18_September_2015_-_updated.pdf- ./Hird_Christopher_-_8769498_-_Web_decision_-_18_September_2015_-_updated.pdf-b. In relation to Pupil C, in around summer 2002 you; ./Hird_Christopher_-_8769498_-_Web_decision_-_18_September_2015_-_updated.pdf- ./Hird_Christopher_-_8769498_-_Web_decision_-_18_September_2015_-_updated.pdf-i. Engaged in an inappropriate relationship; ./Hird_Christopher_-_8769498_-_Web_decision_-_18_September_2015_-_updated.pdf- ./Hird_Christopher_-_8769498_-_Web_decision_-_18_September_2015_-_updated.pdf:ii. Had sexual intercourse with Pupil C on one or more occasions. ./Hird_Christopher_-_8769498_-_Web_decision_-_18_September_2015_-_updated.pdf- ./Hird_Christopher_-_8769498_-_Web_decision_-_18_September_2015_-_updated.pdf-In her written evidence, Pupil C recalls that she attended chemistry lessons taught by Mr ./Hird_Christopher_-_8769498_-_Web_decision_-_18_September_2015_-_updated.pdf-Hird, as she had failed her AS Level examination and was seeking to resit the paper in ./Hird_Christopher_-_8769498_-_Web_decision_-_18_September_2015_-_updated.pdf-June 2002. She recounts that in March 2002, Mr Hird “caved in and provided [Pupil C] ./Hird_Christopher_-_8769498_-_Web_decision_-_18_September_2015_-_updated.pdf-with his personal e-mail address” after persistent requests from Pupil C (page 40). Pupil ./Hird_Christopher_-_8769498_-_Web_decision_-_18_September_2015_-_updated.pdf-C states that on 23 May 2002, she asked Mr Hird how they would stay in touch as she ./Hird_Christopher_-_8769498_-_Web_decision_-_18_September_2015_-_updated.pdf-was beginning her study leave and “I would not see him anymore”. She recalls that Mr ./Hird_Christopher_-_8769498_-_Web_decision_-_18_September_2015_-_updated.pdf-Hird responded “it doesn’t have to be like that” whilst patting her knee (page 41). They ./Hird_Christopher_-_8769498_-_Web_decision_-_18_September_2015_-_updated.pdf-then exchanged personal mobile numbers and a few days later they arranged to go out ./Hird_Christopher_-_8769498_-_Web_decision_-_18_September_2015_-_updated.pdf-during which they “stopped somewhere to kiss passionately” (page 41). Pupil C goes ./Hird_Christopher_-_8769498_-_Web_decision_-_18_September_2015_-_updated.pdf-onto describe how the relationship developed with Mr Hird and some “3 to 4 months later, ./Hird_Christopher_-_8769498_-_Web_decision_-_18_September_2015_-_updated.pdf:in August/September 2002, things got more serious sexually” (page 41). It was around ./Hird_Christopher_-_8769498_-_Web_decision_-_18_September_2015_-_updated.pdf:this time that they engaged in sexual intercourse. They went onto have a relationship ./Hird_Christopher_-_8769498_-_Web_decision_-_18_September_2015_-_updated.pdf-which lasted until April 2004. The panel notes that this version of events is consistent ./Hird_Christopher_-_8769498_-_Web_decision_-_18_September_2015_-_updated.pdf- ./Hird_Christopher_-_8769498_-_Web_decision_-_18_September_2015_-_updated.pdf- ./Hird_Christopher_-_8769498_-_Web_decision_-_18_September_2015_-_updated.pdf- ./Hird_Christopher_-_8769498_-_Web_decision_-_18_September_2015_-_updated.pdf- 11 ./Hird_Christopher_-_8769498_-_Web_decision_-_18_September_2015_-_updated.pdf- -- ./Hird_Christopher_-_8769498_-_Web_decision_-_18_September_2015_-_updated.pdf-still have been a pupil until August 2002 because she was still on the College’s register” ./Hird_Christopher_-_8769498_-_Web_decision_-_18_September_2015_-_updated.pdf-(page 35). However, in her oral testimony, Witness H stated that Pupil C would have ./Hird_Christopher_-_8769498_-_Web_decision_-_18_September_2015_-_updated.pdf-remained on the roll until her last exam. ./Hird_Christopher_-_8769498_-_Web_decision_-_18_September_2015_-_updated.pdf- ./Hird_Christopher_-_8769498_-_Web_decision_-_18_September_2015_-_updated.pdf-The panel concludes that it is more likely than not that Mr Hird and Pupil C began their ./Hird_Christopher_-_8769498_-_Web_decision_-_18_September_2015_-_updated.pdf-inappropriate relationship when Pupil C went on study leave but prior to her taking her ./Hird_Christopher_-_8769498_-_Web_decision_-_18_September_2015_-_updated.pdf-final exam. Therefore, Pupil C was still a student enrolled at the College. The panel ./Hird_Christopher_-_8769498_-_Web_decision_-_18_September_2015_-_updated.pdf-considers that this is therefore a failure to maintain appropriate professional boundaries. ./Hird_Christopher_-_8769498_-_Web_decision_-_18_September_2015_-_updated.pdf- ./Hird_Christopher_-_8769498_-_Web_decision_-_18_September_2015_-_updated.pdf-Furthermore, the panel believes that it was more likely than not that Mr Hird and Pupil C ./Hird_Christopher_-_8769498_-_Web_decision_-_18_September_2015_-_updated.pdf:engaged in sexual intercourse in around summer 2002. The panel takes this opportunity ./Hird_Christopher_-_8769498_-_Web_decision_-_18_September_2015_-_updated.pdf:to state that the sexual intercourse in August/September 2002 is not in itself unlawful, as ./Hird_Christopher_-_8769498_-_Web_decision_-_18_September_2015_-_updated.pdf-it notes that it took place when Pupil C was no longer on the roll at the College and over ./Hird_Christopher_-_8769498_-_Web_decision_-_18_September_2015_-_updated.pdf-the age of 18. However, regardless of this, in their professional opinion, the panel ./Hird_Christopher_-_8769498_-_Web_decision_-_18_September_2015_-_updated.pdf:believes that Mr Hird, by engaging in sexual intercourse with Pupil C, failed to maintain ./Hird_Christopher_-_8769498_-_Web_decision_-_18_September_2015_-_updated.pdf-appropriate professional boundaries, as the foundations of the relationship were initiated ./Hird_Christopher_-_8769498_-_Web_decision_-_18_September_2015_-_updated.pdf-whilst she was still a pupil at the College. ./Hird_Christopher_-_8769498_-_Web_decision_-_18_September_2015_-_updated.pdf- ./Hird_Christopher_-_8769498_-_Web_decision_-_18_September_2015_-_updated.pdf-Therefore, the panel finds this allegation proven. ./Hird_Christopher_-_8769498_-_Web_decision_-_18_September_2015_-_updated.pdf- ./Hird_Christopher_-_8769498_-_Web_decision_-_18_September_2015_-_updated.pdf- ./Hird_Christopher_-_8769498_-_Web_decision_-_18_September_2015_-_updated.pdf- ./Hird_Christopher_-_8769498_-_Web_decision_-_18_September_2015_-_updated.pdf- ./Hird_Christopher_-_8769498_-_Web_decision_-_18_September_2015_-_updated.pdf- 12 ./Hird_Christopher_-_8769498_-_Web_decision_-_18_September_2015_-_updated.pdf- -- ./Hird_Christopher_-_8769498_-_Web_decision_-_18_September_2015_-_updated.pdf:3. Your actions set out at 1 and 2a, 2b, 2c, 2d and 2e above were sexually ./Hird_Christopher_-_8769498_-_Web_decision_-_18_September_2015_-_updated.pdf-motivated. ./Hird_Christopher_-_8769498_-_Web_decision_-_18_September_2015_-_updated.pdf- ./Hird_Christopher_-_8769498_-_Web_decision_-_18_September_2015_-_updated.pdf:In relation to allegation 1a, the panel considered the two stage test for sexual motivation. ./Hird_Christopher_-_8769498_-_Web_decision_-_18_September_2015_-_updated.pdf:Firstly, whether the actions could be viewed by a reasonable person as sexual. The ./Hird_Christopher_-_8769498_-_Web_decision_-_18_September_2015_-_updated.pdf-panel considered that a reasonable person could consider slow dancing with a pupil at ./Hird_Christopher_-_8769498_-_Web_decision_-_18_September_2015_-_updated.pdf:the end of the evening at a school prom to be sexual. Therefore, the panel finds that the ./Hird_Christopher_-_8769498_-_Web_decision_-_18_September_2015_-_updated.pdf-first limb of the test is satisfied. Turning to the second limb, whether in all the ./Hird_Christopher_-_8769498_-_Web_decision_-_18_September_2015_-_updated.pdf:circumstances of the conduct in the case, Mr Hird’s purpose of such actions was sexual. ./Hird_Christopher_-_8769498_-_Web_decision_-_18_September_2015_-_updated.pdf-The panel was satisfied that other teachers were dancing with pupils and accepts Mr ./Hird_Christopher_-_8769498_-_Web_decision_-_18_September_2015_-_updated.pdf-Hird’s evidence that he only danced with Pupil A “having been asked to by two of her ./Hird_Christopher_-_8769498_-_Web_decision_-_18_September_2015_-_updated.pdf-friends” (page 325). Therefore, the panel believes that his intention behind the dance was ./Hird_Christopher_-_8769498_-_Web_decision_-_18_September_2015_-_updated.pdf:not sexual. This part of the allegation is not proven. ./Hird_Christopher_-_8769498_-_Web_decision_-_18_September_2015_-_updated.pdf- ./Hird_Christopher_-_8769498_-_Web_decision_-_18_September_2015_-_updated.pdf-In relation to allegation 2a(ii) & (iii), the panel considered the two stage test. Firstly, ./Hird_Christopher_-_8769498_-_Web_decision_-_18_September_2015_-_updated.pdf:whether the actions could be sexual. The panel believes that a reasonable person, would ./Hird_Christopher_-_8769498_-_Web_decision_-_18_September_2015_-_updated.pdf:consider these actions could be sexual. Therefore, the panel find that the first limb of the ./Hird_Christopher_-_8769498_-_Web_decision_-_18_September_2015_-_updated.pdf-test has been satisfied. Turning to the second limb, whether in all the circumstances of ./Hird_Christopher_-_8769498_-_Web_decision_-_18_September_2015_-_updated.pdf:the conduct in the case, Mr Hird’s purpose of such actions was sexual. The panel was ./Hird_Christopher_-_8769498_-_Web_decision_-_18_September_2015_-_updated.pdf-satisfied, in the absence of any reasonable explanation, that Mr Hird’s intention behind ./Hird_Christopher_-_8769498_-_Web_decision_-_18_September_2015_-_updated.pdf:these actions was indeed sexual. Therefore, the panel finds this part of the allegation ./Hird_Christopher_-_8769498_-_Web_decision_-_18_September_2015_-_updated.pdf-proven. ./Hird_Christopher_-_8769498_-_Web_decision_-_18_September_2015_-_updated.pdf- ./Hird_Christopher_-_8769498_-_Web_decision_-_18_September_2015_-_updated.pdf-Turning to the proven elements of allegations 2b, the panel considered that a reasonable ./Hird_Christopher_-_8769498_-_Web_decision_-_18_September_2015_-_updated.pdf:person would regard engaging in an inappropriate relationship and engaging in sexual ./Hird_Christopher_-_8769498_-_Web_decision_-_18_September_2015_-_updated.pdf:intercourse with a pupil as sexual. Therefore, the panel finds that the first limb of the test ./Hird_Christopher_-_8769498_-_Web_decision_-_18_September_2015_-_updated.pdf-has been satisfied. Turning to the second limb, whether in all the circumstances of the ./Hird_Christopher_-_8769498_-_Web_decision_-_18_September_2015_-_updated.pdf:conduct of the case, Mr Hird’s purpose of such words and actions was sexual. The panel ./Hird_Christopher_-_8769498_-_Web_decision_-_18_September_2015_-_updated.pdf-was satisfied, as a result of the proven facts, that Mr Hird’s intention behind these words ./Hird_Christopher_-_8769498_-_Web_decision_-_18_September_2015_-_updated.pdf:and actions was sexual. ./Hird_Christopher_-_8769498_-_Web_decision_-_18_September_2015_-_updated.pdf- ./Hird_Christopher_-_8769498_-_Web_decision_-_18_September_2015_-_updated.pdf-Finally, in respect of the proven elements of allegations 2e, namely allegation 2e(iii)(a), ./Hird_Christopher_-_8769498_-_Web_decision_-_18_September_2015_-_updated.pdf:the panel considered the two stage test for sexual motivation. Firstly, whether the actions ./Hird_Christopher_-_8769498_-_Web_decision_-_18_September_2015_-_updated.pdf:could be sexual. The panel considers that a reasonable person, would consider these ./Hird_Christopher_-_8769498_-_Web_decision_-_18_September_2015_-_updated.pdf:actions could be sexual. Therefore, the panel finds that the first limb of the test has been ./Hird_Christopher_-_8769498_-_Web_decision_-_18_September_2015_-_updated.pdf-satisfied. Turning to the second limb, whether in all the circumstances of the conduct in ./Hird_Christopher_-_8769498_-_Web_decision_-_18_September_2015_-_updated.pdf:the case, Mr Hird’s purpose of such actions was sexual. The panel was satisfied, that the ./Hird_Christopher_-_8769498_-_Web_decision_-_18_September_2015_-_updated.pdf-repeated nature of the actions, which were not accidental, together with the lack of a ./Hird_Christopher_-_8769498_-_Web_decision_-_18_September_2015_-_updated.pdf-credible alternative explanation, leads the panel to conclude that Mr Hird’s intention ./Hird_Christopher_-_8769498_-_Web_decision_-_18_September_2015_-_updated.pdf:behind these actions was sexual. ./Hird_Christopher_-_8769498_-_Web_decision_-_18_September_2015_-_updated.pdf- ./Hird_Christopher_-_8769498_-_Web_decision_-_18_September_2015_-_updated.pdf-We have found the following particulars of the allegations against you not proven, for ./Hird_Christopher_-_8769498_-_Web_decision_-_18_September_2015_-_updated.pdf-these reasons: ./Hird_Christopher_-_8769498_-_Web_decision_-_18_September_2015_-_updated.pdf- ./Hird_Christopher_-_8769498_-_Web_decision_-_18_September_2015_-_updated.pdf- ./Hird_Christopher_-_8769498_-_Web_decision_-_18_September_2015_-_updated.pdf- ./Hird_Christopher_-_8769498_-_Web_decision_-_18_September_2015_-_updated.pdf- ./Hird_Christopher_-_8769498_-_Web_decision_-_18_September_2015_-_updated.pdf- 14 ./Hird_Christopher_-_8769498_-_Web_decision_-_18_September_2015_-_updated.pdf- -- ./Hird_Christopher_-_8769498_-_Web_decision_-_18_September_2015_-_updated.pdf- ./Hird_Christopher_-_8769498_-_Web_decision_-_18_September_2015_-_updated.pdf-The panel notes, that in his evidence, the head teacher at the College, recounts that ./Hird_Christopher_-_8769498_-_Web_decision_-_18_September_2015_-_updated.pdf-Pupil G was a “genuinely good pupil”. He went on to describe her as “reliable, mature, ./Hird_Christopher_-_8769498_-_Web_decision_-_18_September_2015_-_updated.pdf-hardworking” and confirmed she had not previously been in trouble (page 22). ./Hird_Christopher_-_8769498_-_Web_decision_-_18_September_2015_-_updated.pdf- ./Hird_Christopher_-_8769498_-_Web_decision_-_18_September_2015_-_updated.pdf-The panel finds that the incident did occur based upon the evidence. However, the panel ./Hird_Christopher_-_8769498_-_Web_decision_-_18_September_2015_-_updated.pdf-does not consider that the incident in itself amounts to a failure to maintain appropriate ./Hird_Christopher_-_8769498_-_Web_decision_-_18_September_2015_-_updated.pdf-professional boundaries. Therefore, on the balance of probabilities, the panel finds this ./Hird_Christopher_-_8769498_-_Web_decision_-_18_September_2015_-_updated.pdf-allegation not proven. ./Hird_Christopher_-_8769498_-_Web_decision_-_18_September_2015_-_updated.pdf- ./Hird_Christopher_-_8769498_-_Web_decision_-_18_September_2015_-_updated.pdf:3. Your actions set out at 1 and 2a, 2b, 2c, 2d and 2e above were sexually ./Hird_Christopher_-_8769498_-_Web_decision_-_18_September_2015_-_updated.pdf-motivated. ./Hird_Christopher_-_8769498_-_Web_decision_-_18_September_2015_-_updated.pdf- ./Hird_Christopher_-_8769498_-_Web_decision_-_18_September_2015_-_updated.pdf-The panel did not consider allegations 1b, 2a(i), 2c, or 2d as they did not find these ./Hird_Christopher_-_8769498_-_Web_decision_-_18_September_2015_-_updated.pdf-allegations proven on the facts. ./Hird_Christopher_-_8769498_-_Web_decision_-_18_September_2015_-_updated.pdf- ./Hird_Christopher_-_8769498_-_Web_decision_-_18_September_2015_-_updated.pdf-The panel did not consider the elements of allegation 2e, which it did not find proven on ./Hird_Christopher_-_8769498_-_Web_decision_-_18_September_2015_-_updated.pdf-the facts. ./Hird_Christopher_-_8769498_-_Web_decision_-_18_September_2015_-_updated.pdf- ./Hird_Christopher_-_8769498_-_Web_decision_-_18_September_2015_-_updated.pdf-Findings as to unacceptable professional conduct and/or conduct that ./Hird_Christopher_-_8769498_-_Web_decision_-_18_September_2015_-_updated.pdf-may bring the profession into disrepute -- ./Hird_Christopher_-_8769498_-_Web_decision_-_18_September_2015_-_updated.pdf- o having regard for the need to safeguard pupils’ well-being, in accordance with ./Hird_Christopher_-_8769498_-_Web_decision_-_18_September_2015_-_updated.pdf- statutory provisions; ./Hird_Christopher_-_8769498_-_Web_decision_-_18_September_2015_-_updated.pdf-  Teachers must have proper and professional regard for the ethos, policies and ./Hird_Christopher_-_8769498_-_Web_decision_-_18_September_2015_-_updated.pdf- practices of the school in which they teach, and maintain high standards in their ./Hird_Christopher_-_8769498_-_Web_decision_-_18_September_2015_-_updated.pdf- own attendance and punctuality. ./Hird_Christopher_-_8769498_-_Web_decision_-_18_September_2015_-_updated.pdf-The panel is satisfied that the conduct of Mr Hird fell significantly short of the standards ./Hird_Christopher_-_8769498_-_Web_decision_-_18_September_2015_-_updated.pdf-expected of the profession. ./Hird_Christopher_-_8769498_-_Web_decision_-_18_September_2015_-_updated.pdf- ./Hird_Christopher_-_8769498_-_Web_decision_-_18_September_2015_-_updated.pdf-The panel has also considered whether Mr Hird’s conduct displayed behaviours ./Hird_Christopher_-_8769498_-_Web_decision_-_18_September_2015_-_updated.pdf-associated with any of the offences listed on pages 8 and 9 of the Advice and the panel ./Hird_Christopher_-_8769498_-_Web_decision_-_18_September_2015_-_updated.pdf:found that the offence of sexual activity is relevant. ./Hird_Christopher_-_8769498_-_Web_decision_-_18_September_2015_-_updated.pdf- ./Hird_Christopher_-_8769498_-_Web_decision_-_18_September_2015_-_updated.pdf-The Advice indicates that where behaviours associated with such an offence exist, a ./Hird_Christopher_-_8769498_-_Web_decision_-_18_September_2015_-_updated.pdf-panel is likely to conclude that an individual’s conduct would amount to unacceptable ./Hird_Christopher_-_8769498_-_Web_decision_-_18_September_2015_-_updated.pdf-professional conduct. ./Hird_Christopher_-_8769498_-_Web_decision_-_18_September_2015_-_updated.pdf- ./Hird_Christopher_-_8769498_-_Web_decision_-_18_September_2015_-_updated.pdf-Accordingly, the panel is satisfied that Mr Hird is guilty of unacceptable professional ./Hird_Christopher_-_8769498_-_Web_decision_-_18_September_2015_-_updated.pdf-conduct. ./Hird_Christopher_-_8769498_-_Web_decision_-_18_September_2015_-_updated.pdf- ./Hird_Christopher_-_8769498_-_Web_decision_-_18_September_2015_-_updated.pdf-The panel has taken into account how the teaching profession is viewed by others and ./Hird_Christopher_-_8769498_-_Web_decision_-_18_September_2015_-_updated.pdf-considered the influence that teachers may have on pupils, parents and others in the -- ./Hird_Christopher_-_8769498_-_Web_decision_-_18_September_2015_-_updated.pdf-measure, and whether it is in the public interest to do so. Prohibition orders should not be ./Hird_Christopher_-_8769498_-_Web_decision_-_18_September_2015_-_updated.pdf-given in order to be punitive, or to show that blame has been apportioned, although they ./Hird_Christopher_-_8769498_-_Web_decision_-_18_September_2015_-_updated.pdf-are likely to have punitive effect. ./Hird_Christopher_-_8769498_-_Web_decision_-_18_September_2015_-_updated.pdf- ./Hird_Christopher_-_8769498_-_Web_decision_-_18_September_2015_-_updated.pdf-The panel has considered the particular public interest considerations set out in the ./Hird_Christopher_-_8769498_-_Web_decision_-_18_September_2015_-_updated.pdf-Advice and having done so has found a number of them to be relevant in this case, ./Hird_Christopher_-_8769498_-_Web_decision_-_18_September_2015_-_updated.pdf-namely the protection of pupils, the maintenance of public confidence in the profession, ./Hird_Christopher_-_8769498_-_Web_decision_-_18_September_2015_-_updated.pdf-and declaring and upholding proper standards of conduct. ./Hird_Christopher_-_8769498_-_Web_decision_-_18_September_2015_-_updated.pdf- ./Hird_Christopher_-_8769498_-_Web_decision_-_18_September_2015_-_updated.pdf-In light of the panel’s findings against Mr Hird, which involved dancing with a pupil, ./Hird_Christopher_-_8769498_-_Web_decision_-_18_September_2015_-_updated.pdf:engaging in an inappropriate relationship with another pupil culminating in sexual ./Hird_Christopher_-_8769498_-_Web_decision_-_18_September_2015_-_updated.pdf-intercourse and inappropriate physical contact with other pupils, there is a strong public ./Hird_Christopher_-_8769498_-_Web_decision_-_18_September_2015_-_updated.pdf-interest consideration in respect of the protection of pupils given the serious findings of ./Hird_Christopher_-_8769498_-_Web_decision_-_18_September_2015_-_updated.pdf-inappropriate relationships with pupils. Similarly, the panel considers that the public ./Hird_Christopher_-_8769498_-_Web_decision_-_18_September_2015_-_updated.pdf-confidence in the profession could be seriously weakened if conduct such as that found ./Hird_Christopher_-_8769498_-_Web_decision_-_18_September_2015_-_updated.pdf-against Mr Hird were not treated with the utmost seriousness when regulating the ./Hird_Christopher_-_8769498_-_Web_decision_-_18_September_2015_-_updated.pdf-conduct of the profession. In particular, the panel noted that the underlying facts giving ./Hird_Christopher_-_8769498_-_Web_decision_-_18_September_2015_-_updated.pdf-rise to the allegations proven were not isolated incidents. The panel are conscious that ./Hird_Christopher_-_8769498_-_Web_decision_-_18_September_2015_-_updated.pdf-the proven allegations involved a number of pupils and multiple incidents which occurred ./Hird_Christopher_-_8769498_-_Web_decision_-_18_September_2015_-_updated.pdf-over a period of many years. ./Hird_Christopher_-_8769498_-_Web_decision_-_18_September_2015_-_updated.pdf- -- ./Hird_Christopher_-_8769498_-_Web_decision_-_18_September_2015_-_updated.pdf-As noted above, the underlying incidents giving rise to the allegations were not isolated ./Hird_Christopher_-_8769498_-_Web_decision_-_18_September_2015_-_updated.pdf-and involved a number of pupils and events over a period of several years. This led the ./Hird_Christopher_-_8769498_-_Web_decision_-_18_September_2015_-_updated.pdf-panel to conclude there is a continuing risk. ./Hird_Christopher_-_8769498_-_Web_decision_-_18_September_2015_-_updated.pdf- ./Hird_Christopher_-_8769498_-_Web_decision_-_18_September_2015_-_updated.pdf-  abuse of position or trust (particularly involving vulnerable pupils) or violation of the ./Hird_Christopher_-_8769498_-_Web_decision_-_18_September_2015_-_updated.pdf- rights of pupils; ./Hird_Christopher_-_8769498_-_Web_decision_-_18_September_2015_-_updated.pdf-The panel considered the Mr Hird’s conduct involved an abuse of his position or trust and ./Hird_Christopher_-_8769498_-_Web_decision_-_18_September_2015_-_updated.pdf-his conduct as detailed in the proven elements of the allegations involved a violation of ./Hird_Christopher_-_8769498_-_Web_decision_-_18_September_2015_-_updated.pdf-the rights of pupils. ./Hird_Christopher_-_8769498_-_Web_decision_-_18_September_2015_-_updated.pdf- ./Hird_Christopher_-_8769498_-_Web_decision_-_18_September_2015_-_updated.pdf:  sexual misconduct, e.g. involving actions that were sexually motivated or of a ./Hird_Christopher_-_8769498_-_Web_decision_-_18_September_2015_-_updated.pdf: sexual nature and/or that use or exploit the trust, knowledge or influence derived ./Hird_Christopher_-_8769498_-_Web_decision_-_18_September_2015_-_updated.pdf- from the individual’s professional position; ./Hird_Christopher_-_8769498_-_Web_decision_-_18_September_2015_-_updated.pdf:The panel considered allegations 2a(ii) and (iii), 2b(i) and (ii) and 2e(iii)(a) were sexually ./Hird_Christopher_-_8769498_-_Web_decision_-_18_September_2015_-_updated.pdf-motivated. In particular, allegation 2b led to a relationship during which Mr Hird had ./Hird_Christopher_-_8769498_-_Web_decision_-_18_September_2015_-_updated.pdf:sexual intercourse with Pupil C. ./Hird_Christopher_-_8769498_-_Web_decision_-_18_September_2015_-_updated.pdf- ./Hird_Christopher_-_8769498_-_Web_decision_-_18_September_2015_-_updated.pdf-Notwithstanding the public interest considerations that were present, the panel ./Hird_Christopher_-_8769498_-_Web_decision_-_18_September_2015_-_updated.pdf-considered carefully whether or not it would be proportionate to impose a prohibition ./Hird_Christopher_-_8769498_-_Web_decision_-_18_September_2015_-_updated.pdf-order taking into account the effect that this would have on Mr Hird. Given the serious ./Hird_Christopher_-_8769498_-_Web_decision_-_18_September_2015_-_updated.pdf-failings outlined above, the panel considered that prohibition was a proportionate ./Hird_Christopher_-_8769498_-_Web_decision_-_18_September_2015_-_updated.pdf-measure. ./Hird_Christopher_-_8769498_-_Web_decision_-_18_September_2015_-_updated.pdf- ./Hird_Christopher_-_8769498_-_Web_decision_-_18_September_2015_-_updated.pdf-Even though there were behaviours that would point to a prohibition order being ./Hird_Christopher_-_8769498_-_Web_decision_-_18_September_2015_-_updated.pdf-appropriate, the panel went on to consider whether or not there were sufficient mitigating ./Hird_Christopher_-_8769498_-_Web_decision_-_18_September_2015_-_updated.pdf-factors to militate against a prohibition order being an appropriate and proportionate -- ./Hird_Christopher_-_8769498_-_Web_decision_-_18_September_2015_-_updated.pdf-should be imposed with immediate effect. ./Hird_Christopher_-_8769498_-_Web_decision_-_18_September_2015_-_updated.pdf- ./Hird_Christopher_-_8769498_-_Web_decision_-_18_September_2015_-_updated.pdf-The panel went on to consider whether or not it would be appropriate for them to decide ./Hird_Christopher_-_8769498_-_Web_decision_-_18_September_2015_-_updated.pdf-to recommend that a review period of the order should be considered. The panel was ./Hird_Christopher_-_8769498_-_Web_decision_-_18_September_2015_-_updated.pdf-mindful that the Advice states that a prohibition order applies for life, but there may be ./Hird_Christopher_-_8769498_-_Web_decision_-_18_September_2015_-_updated.pdf-circumstances in any given case that may make it appropriate to allow a teacher to apply ./Hird_Christopher_-_8769498_-_Web_decision_-_18_September_2015_-_updated.pdf-to have the prohibition order reviewed after a specified period of time that may not be ./Hird_Christopher_-_8769498_-_Web_decision_-_18_September_2015_-_updated.pdf-less than 2 years. ./Hird_Christopher_-_8769498_-_Web_decision_-_18_September_2015_-_updated.pdf- ./Hird_Christopher_-_8769498_-_Web_decision_-_18_September_2015_-_updated.pdf-The Advice indicates that there are behaviours that, if proven, would militate against a ./Hird_Christopher_-_8769498_-_Web_decision_-_18_September_2015_-_updated.pdf:review period being recommended. One of these behaviours includes serious sexual ./Hird_Christopher_-_8769498_-_Web_decision_-_18_September_2015_-_updated.pdf:misconduct, e.g. where the act was sexually motivated and resulted in or had the ./Hird_Christopher_-_8769498_-_Web_decision_-_18_September_2015_-_updated.pdf-potential to result in, harm to a person or persons, particularly where the individual has ./Hird_Christopher_-_8769498_-_Web_decision_-_18_September_2015_-_updated.pdf-used their professional position to influence or exploit a person or persons. The panel ./Hird_Christopher_-_8769498_-_Web_decision_-_18_September_2015_-_updated.pdf-has found that Mr Hird has been responsible for inappropriately touching pupils, namely ./Hird_Christopher_-_8769498_-_Web_decision_-_18_September_2015_-_updated.pdf-Pupils B and F and also for having an inappropriate relationship with Pupil C. ./Hird_Christopher_-_8769498_-_Web_decision_-_18_September_2015_-_updated.pdf- ./Hird_Christopher_-_8769498_-_Web_decision_-_18_September_2015_-_updated.pdf-Mr Hird has, however, denied the allegations raised, and the panel notes he has not ./Hird_Christopher_-_8769498_-_Web_decision_-_18_September_2015_-_updated.pdf-demonstrated any insight or presented any evidence of remediation into his inappropriate ./Hird_Christopher_-_8769498_-_Web_decision_-_18_September_2015_-_updated.pdf-conduct or the impact thereof on the pupils. ./Hird_Christopher_-_8769498_-_Web_decision_-_18_September_2015_-_updated.pdf- ./Hird_Christopher_-_8769498_-_Web_decision_-_18_September_2015_-_updated.pdf-The panel felt the findings indicated a situation in which a review period would not be -- ./Hird_Christopher_-_8769498_-_Web_decision_-_18_September_2015_-_updated.pdf-number of pupils and events over a period of several years. Mr Hird’s conduct involved ./Hird_Christopher_-_8769498_-_Web_decision_-_18_September_2015_-_updated.pdf-an abuse of his position or trust and his conduct involved a violation of the rights of ./Hird_Christopher_-_8769498_-_Web_decision_-_18_September_2015_-_updated.pdf:pupils. In addition some of Mr Hird’s actions were sexually motivated. ./Hird_Christopher_-_8769498_-_Web_decision_-_18_September_2015_-_updated.pdf- ./Hird_Christopher_-_8769498_-_Web_decision_-_18_September_2015_-_updated.pdf-The panel has found a number of public interest considerations relevant in this case, ./Hird_Christopher_-_8769498_-_Web_decision_-_18_September_2015_-_updated.pdf-namely the protection of pupils, the maintenance of public confidence in the profession, ./Hird_Christopher_-_8769498_-_Web_decision_-_18_September_2015_-_updated.pdf-and declaring and upholding proper standards of conduct. It has gone on to consider the ./Hird_Christopher_-_8769498_-_Web_decision_-_18_September_2015_-_updated.pdf-interests of Mr Hird but the panel is clear that he was not acting under duress and his ./Hird_Christopher_-_8769498_-_Web_decision_-_18_September_2015_-_updated.pdf-actions were both deliberate and motivated. ./Hird_Christopher_-_8769498_-_Web_decision_-_18_September_2015_-_updated.pdf- ./Hird_Christopher_-_8769498_-_Web_decision_-_18_September_2015_-_updated.pdf-I agree with the panel’s recommendation that prohibition is an appropriate and ./Hird_Christopher_-_8769498_-_Web_decision_-_18_September_2015_-_updated.pdf-proportionate sanction. ./Hird_Christopher_-_8769498_-_Web_decision_-_18_September_2015_-_updated.pdf- ./Hogg__Karl_Steven_-_Web_Decision_-_0412280_-_6_February_2015.pdf-for his early admission of guilt and the fact that there was no distribution of the images ./Hogg__Karl_Steven_-_Web_Decision_-_0412280_-_6_February_2015.pdf-recorded by him. ./Hogg__Karl_Steven_-_Web_Decision_-_0412280_-_6_February_2015.pdf- ./Hogg__Karl_Steven_-_Web_Decision_-_0412280_-_6_February_2015.pdf-Nevertheless, Mr Hogg’s behaviour in committing the offences is incompatible with being ./Hogg__Karl_Steven_-_Web_Decision_-_0412280_-_6_February_2015.pdf-a teacher for the following reasons: ./Hogg__Karl_Steven_-_Web_Decision_-_0412280_-_6_February_2015.pdf- ./Hogg__Karl_Steven_-_Web_Decision_-_0412280_-_6_February_2015.pdf-  This was a serious departure from the personal and professional conduct ./Hogg__Karl_Steven_-_Web_Decision_-_0412280_-_6_February_2015.pdf- elements of the Teachers’ Standards. ./Hogg__Karl_Steven_-_Web_Decision_-_0412280_-_6_February_2015.pdf-  His actions in committing the offences involved a serious breach of trust in that the ./Hogg__Karl_Steven_-_Web_Decision_-_0412280_-_6_February_2015.pdf- offences were committed without the knowledge or consent of his wife (the victim). ./Hogg__Karl_Steven_-_Web_Decision_-_0412280_-_6_February_2015.pdf:  His actions were of a sexual nature and were for his own sexual gratification. ./Hogg__Karl_Steven_-_Web_Decision_-_0412280_-_6_February_2015.pdf-  The offences were serious as reflected by the sentence imposed. Mr Hogg will ./Hogg__Karl_Steven_-_Web_Decision_-_0412280_-_6_February_2015.pdf- remain subject to a Community Order until 28 March 2017 with a requirement to ./Hogg__Karl_Steven_-_Web_Decision_-_0412280_-_6_February_2015.pdf: attend a sex offenders treatment programme. He will also remain on the Sex ./Hogg__Karl_Steven_-_Web_Decision_-_0412280_-_6_February_2015.pdf- Offenders Register until 28 March 2019. ./Hogg__Karl_Steven_-_Web_Decision_-_0412280_-_6_February_2015.pdf-The Panel has taken into account Mr Hogg’s previous good character and the many ./Hogg__Karl_Steven_-_Web_Decision_-_0412280_-_6_February_2015.pdf-positive testimonials from former students. However, his actions leading to the ./Hogg__Karl_Steven_-_Web_Decision_-_0412280_-_6_February_2015.pdf-convictions were deliberate, involved planning and took place over a prolonged period. ./Hogg__Karl_Steven_-_Web_Decision_-_0412280_-_6_February_2015.pdf- ./Hogg__Karl_Steven_-_Web_Decision_-_0412280_-_6_February_2015.pdf-The Panel has concluded that it is necessary and appropriate to recommend a ./Hogg__Karl_Steven_-_Web_Decision_-_0412280_-_6_February_2015.pdf-Prohibition Order in order to maintain public confidence in the profession and to declare ./Hogg__Karl_Steven_-_Web_Decision_-_0412280_-_6_February_2015.pdf-and uphold proper standards of conduct. ./Hogg__Karl_Steven_-_Web_Decision_-_0412280_-_6_February_2015.pdf- ./Hogg__Karl_Steven_-_Web_Decision_-_0412280_-_6_February_2015.pdf-The Panel considered whether to recommend that Mr Hogg be allowed to make a future ./Hogg__Karl_Steven_-_Web_Decision_-_0412280_-_6_February_2015.pdf-application to have the prohibition removed. ./Hogg__Karl_Steven_-_Web_Decision_-_0412280_-_6_February_2015.pdf- ./Hogg__Karl_Steven_-_Web_Decision_-_0412280_-_6_February_2015.pdf:This was a case of sexual misconduct within Mr Hogg’s home, not involving his ./Hogg__Karl_Steven_-_Web_Decision_-_0412280_-_6_February_2015.pdf-professional position, nor involving pupils or colleagues. The Panel does not consider ./Hogg__Karl_Steven_-_Web_Decision_-_0412280_-_6_February_2015.pdf- ./Hogg__Karl_Steven_-_Web_Decision_-_0412280_-_6_February_2015.pdf- ./Hogg__Karl_Steven_-_Web_Decision_-_0412280_-_6_February_2015.pdf- 7 ./Hogg__Karl_Steven_-_Web_Decision_-_0412280_-_6_February_2015.pdf- -- ./Hogg__Karl_Steven_-_Web_Decision_-_0412280_-_6_February_2015.pdf-that Mr Hogg poses any signficant risk to pupils. Our decision to recommend a prohibition ./Hogg__Karl_Steven_-_Web_Decision_-_0412280_-_6_February_2015.pdf-is based on the need to maintain public confidence in the profession and to declare and ./Hogg__Karl_Steven_-_Web_Decision_-_0412280_-_6_February_2015.pdf-uphold proper standards of conduct. The Panel concluded that this is not a case in which ./Hogg__Karl_Steven_-_Web_Decision_-_0412280_-_6_February_2015.pdf-it is necessary to recommend a lifetime ban. ./Hogg__Karl_Steven_-_Web_Decision_-_0412280_-_6_February_2015.pdf- ./Hogg__Karl_Steven_-_Web_Decision_-_0412280_-_6_February_2015.pdf-In deciding the appropriate period, the Panel has taken into account the sentencing and ./Hogg__Karl_Steven_-_Web_Decision_-_0412280_-_6_February_2015.pdf-the requirement to attend the Thames Valley Sex Offenders Treatment Programme and ./Hogg__Karl_Steven_-_Web_Decision_-_0412280_-_6_February_2015.pdf-be under the supervision of the Probation Service until 28 March 2017. In addition, Mr ./Hogg__Karl_Steven_-_Web_Decision_-_0412280_-_6_February_2015.pdf:Hogg is required to register as a sex offender until 28 March 2019. The Panel believes ./Hogg__Karl_Steven_-_Web_Decision_-_0412280_-_6_February_2015.pdf-that during this period Mr Hogg may be rehabilitated. The Panel recommends that Mr ./Hogg__Karl_Steven_-_Web_Decision_-_0412280_-_6_February_2015.pdf-Hogg should be able to apply to have the Prohibition Order set aside after a period of five ./Hogg__Karl_Steven_-_Web_Decision_-_0412280_-_6_February_2015.pdf-years from today. ./Hogg__Karl_Steven_-_Web_Decision_-_0412280_-_6_February_2015.pdf- ./Hogg__Karl_Steven_-_Web_Decision_-_0412280_-_6_February_2015.pdf- ./Hogg__Karl_Steven_-_Web_Decision_-_0412280_-_6_February_2015.pdf-Decision and reasons on behalf of the Secretary of State ./Hogg__Karl_Steven_-_Web_Decision_-_0412280_-_6_February_2015.pdf-I have carefully considered the panel’s findings and recommendations in this case. ./Hogg__Karl_Steven_-_Web_Decision_-_0412280_-_6_February_2015.pdf- ./Hogg__Karl_Steven_-_Web_Decision_-_0412280_-_6_February_2015.pdf-Mr Hogg has been convicted of two offences involving the installation of equipment to ./Hogg__Karl_Steven_-_Web_Decision_-_0412280_-_6_February_2015.pdf-record a person doing a private act and recording another person doing a private act. ./Hogg__Karl_Steven_-_Web_Decision_-_0412280_-_6_February_2015.pdf-The panel have found the facts proved and judged that they amount to conviction of ./Hogg__Karl_Steven_-_Web_Decision_-_0412280_-_6_February_2015.pdf-relevant offences. ./Hogg__Karl_Steven_-_Web_Decision_-_0412280_-_6_February_2015.pdf- ./Hogg__Karl_Steven_-_Web_Decision_-_0412280_-_6_February_2015.pdf-Having properly balanced the interests of the public with those of the teacher the panel ./Hogg__Karl_Steven_-_Web_Decision_-_0412280_-_6_February_2015.pdf-have concluded that it is both appropriate and proportionate to recommend a prohibition ./Hogg__Karl_Steven_-_Web_Decision_-_0412280_-_6_February_2015.pdf-order and I agree with that recommendation. ./Hogg__Karl_Steven_-_Web_Decision_-_0412280_-_6_February_2015.pdf- ./Hogg__Karl_Steven_-_Web_Decision_-_0412280_-_6_February_2015.pdf-The panel have recommended a prohibition order in order to maintain public confidence ./Hogg__Karl_Steven_-_Web_Decision_-_0412280_-_6_February_2015.pdf:in the profession and to declare and uphold proper standards of conduct. The sexual ./Hogg__Karl_Steven_-_Web_Decision_-_0412280_-_6_February_2015.pdf-misconduct took place at his home and did not involve pupils or colleagues. The panel ./Hogg__Karl_Steven_-_Web_Decision_-_0412280_-_6_February_2015.pdf-does not consider that Mr hogg presents an ongoing risk to pupils. He is subject to a Sex ./Hogg__Karl_Steven_-_Web_Decision_-_0412280_-_6_February_2015.pdf:Offenders Treatment Programme and is required to register as a sex offender until 28 ./Hogg__Karl_Steven_-_Web_Decision_-_0412280_-_6_February_2015.pdf-March 2019. The panel have recommended that Mr Hogg be allowed to apply to have the ./Hogg__Karl_Steven_-_Web_Decision_-_0412280_-_6_February_2015.pdf-order set aside after a minimum period of 5 years has elapsed. In view of the particular ./Hogg__Karl_Steven_-_Web_Decision_-_0412280_-_6_February_2015.pdf-circumstances in this case, I agree with that recommendation ./Hogg__Karl_Steven_-_Web_Decision_-_0412280_-_6_February_2015.pdf- ./Hogg__Karl_Steven_-_Web_Decision_-_0412280_-_6_February_2015.pdf-This means that Mr Karl Steven Hogg is prohibited from teaching indefinitely and ./Hogg__Karl_Steven_-_Web_Decision_-_0412280_-_6_February_2015.pdf-cannot teach in any school, sixth form college, relevant youth accommodation or ./Hogg__Karl_Steven_-_Web_Decision_-_0412280_-_6_February_2015.pdf-children’s home in England. He may apply for the prohibition order to be set aside, but ./Hogg__Karl_Steven_-_Web_Decision_-_0412280_-_6_February_2015.pdf-not until 16 February 2020, 5 years from the date of this order at the earliest. This is not ./Hogg__Karl_Steven_-_Web_Decision_-_0412280_-_6_February_2015.pdf-an automatic right to have the prohibition order removed. If he does apply, a panel will ./Hogg__Karl_Steven_-_Web_Decision_-_0412280_-_6_February_2015.pdf-meet to consider whether the prohibition order should be set aside. Without a successful ./Howard__Luke_-_9205389_-_web_decision_.pdf-B. Allegations ./Howard__Luke_-_9205389_-_web_decision_.pdf-The panel considered the allegations set out in the Notice of Proceedings dated 29 June ./Howard__Luke_-_9205389_-_web_decision_.pdf-2015 as amended as set out below. ./Howard__Luke_-_9205389_-_web_decision_.pdf- ./Howard__Luke_-_9205389_-_web_decision_.pdf-It was alleged that Mr Howard was guilty of unacceptable professional conduct and/or ./Howard__Luke_-_9205389_-_web_decision_.pdf-conduct that may bring the profession into disrepute in that whilst employed at the School ./Howard__Luke_-_9205389_-_web_decision_.pdf-between April 2011 and May 2014: ./Howard__Luke_-_9205389_-_web_decision_.pdf- ./Howard__Luke_-_9205389_-_web_decision_.pdf: 1. He engaged in a sexual relationship with Pupil A whilst she was a student at the ./Howard__Luke_-_9205389_-_web_decision_.pdf- School. ./Howard__Luke_-_9205389_-_web_decision_.pdf- ./Howard__Luke_-_9205389_-_web_decision_.pdf- 2. He spent time with Pupil A outside of School hours, [redacted]. ./Howard__Luke_-_9205389_-_web_decision_.pdf- ./Howard__Luke_-_9205389_-_web_decision_.pdf: 3. His conduct set out at paragraphs 1 and 2 was sexually motivated. ./Howard__Luke_-_9205389_-_web_decision_.pdf- ./Howard__Luke_-_9205389_-_web_decision_.pdf- 4. When questioned by the Headteacher in February 2013, he denied engaging in an ./Howard__Luke_-_9205389_-_web_decision_.pdf- inappropriate relationship with Pupil A. ./Howard__Luke_-_9205389_-_web_decision_.pdf- ./Howard__Luke_-_9205389_-_web_decision_.pdf- 5. In doing so, his conduct set out at paragraph 4 was dishonest. ./Howard__Luke_-_9205389_-_web_decision_.pdf- ./Howard__Luke_-_9205389_-_web_decision_.pdf-In the Notice of Proceedings form, Mr Howard admitted the allegations set out in the ./Howard__Luke_-_9205389_-_web_decision_.pdf-Notice of Proceedings form, however this case is proceeding as a disputed case as the ./Howard__Luke_-_9205389_-_web_decision_.pdf-facts are not agreed. ./Howard__Luke_-_9205389_-_web_decision_.pdf- -- ./Howard__Luke_-_9205389_-_web_decision_.pdf-Findings of fact ./Howard__Luke_-_9205389_-_web_decision_.pdf-Our findings of fact are as follows: ./Howard__Luke_-_9205389_-_web_decision_.pdf- ./Howard__Luke_-_9205389_-_web_decision_.pdf-The panel has found the following particulars of the allegations against you proven, for ./Howard__Luke_-_9205389_-_web_decision_.pdf-these reasons: ./Howard__Luke_-_9205389_-_web_decision_.pdf- ./Howard__Luke_-_9205389_-_web_decision_.pdf-You are guilty of unacceptable professional conduct and/or conduct that may bring ./Howard__Luke_-_9205389_-_web_decision_.pdf-the profession into disrepute in that whilst employed at the School between April ./Howard__Luke_-_9205389_-_web_decision_.pdf-2011 and May 2014: ./Howard__Luke_-_9205389_-_web_decision_.pdf- ./Howard__Luke_-_9205389_-_web_decision_.pdf: 1. You engaged in a sexual relationship with Pupil A whilst she was a student ./Howard__Luke_-_9205389_-_web_decision_.pdf- at the School. ./Howard__Luke_-_9205389_-_web_decision_.pdf- ./Howard__Luke_-_9205389_-_web_decision_.pdf-In her oral evidence, Pupil A confirmed that the first time she was taught by Mr Howard ./Howard__Luke_-_9205389_-_web_decision_.pdf-[redacted] was in September 2012. In the course of this academic year, Mr Howard also ./Howard__Luke_-_9205389_-_web_decision_.pdf-became her [redacted] tutor [redacted] throughout 2013 into 2014. Pupil A also stated in ./Howard__Luke_-_9205389_-_web_decision_.pdf:her oral evidence that she recalled being in a sexual relationship when she attended a ./Howard__Luke_-_9205389_-_web_decision_.pdf-School trip with Mr Howard in February 2013. However, the panel found that Pupil A was ./Howard__Luke_-_9205389_-_web_decision_.pdf-not entirely clear about the dates of specific events in her oral evidence. ./Howard__Luke_-_9205389_-_web_decision_.pdf- ./Howard__Luke_-_9205389_-_web_decision_.pdf-The presenting officer submitted that by October 2013, Mr Howard had admitted to Pupil ./Howard__Luke_-_9205389_-_web_decision_.pdf:A’s parents that his relationship with Pupil A had become sexual. This is not disputed by ./Howard__Luke_-_9205389_-_web_decision_.pdf-Mr Howard. ./Howard__Luke_-_9205389_-_web_decision_.pdf- ./Howard__Luke_-_9205389_-_web_decision_.pdf-Parent Z confirmed that Mr Howard, whilst giving her [redacted] tuition in her home, ./Howard__Luke_-_9205389_-_web_decision_.pdf-behaved in a way that seemed “peer to peer” rather than a normal pupil/teacher ./Howard__Luke_-_9205389_-_web_decision_.pdf-relationship. Over time the relationship, as observed by Pupil A’s parents, became more ./Howard__Luke_-_9205389_-_web_decision_.pdf-and more informal. It was clear to Parent Z that Mr Howard and Pupil A had a close ./Howard__Luke_-_9205389_-_web_decision_.pdf-relationship and spent a lot of time together both within and outside of the School. ./Howard__Luke_-_9205389_-_web_decision_.pdf- ./Howard__Luke_-_9205389_-_web_decision_.pdf-When Mr Howard and Pupil A revealed the nature of their relationship to her parents in ./Howard__Luke_-_9205389_-_web_decision_.pdf-October 2013, Parent Z was very shocked and angry. ./Howard__Luke_-_9205389_-_web_decision_.pdf- ./Howard__Luke_-_9205389_-_web_decision_.pdf:In both her witness statement and oral evidence, Pupil A stated that sexual activity took ./Howard__Luke_-_9205389_-_web_decision_.pdf-place at Mr Howard’s home and at Pupil A’s family home. Pupil A stated that she and Mr ./Howard__Luke_-_9205389_-_web_decision_.pdf- ./Howard__Luke_-_9205389_-_web_decision_.pdf- ./Howard__Luke_-_9205389_-_web_decision_.pdf- 7 ./Howard__Luke_-_9205389_-_web_decision_.pdf- -- ./Howard__Luke_-_9205389_-_web_decision_.pdf:Howard were in this sexual relationship at the time both she and Mr Howard were ./Howard__Luke_-_9205389_-_web_decision_.pdf-questioned by the headteacher of the School in February 2013. Mr Howard denies that a ./Howard__Luke_-_9205389_-_web_decision_.pdf:sexual relationship had developed by this point. ./Howard__Luke_-_9205389_-_web_decision_.pdf- ./Howard__Luke_-_9205389_-_web_decision_.pdf-[Redacted] ./Howard__Luke_-_9205389_-_web_decision_.pdf- ./Howard__Luke_-_9205389_-_web_decision_.pdf-On the balance of probabilities, the panel found this allegation proven. ./Howard__Luke_-_9205389_-_web_decision_.pdf- ./Howard__Luke_-_9205389_-_web_decision_.pdf- 2. You spent time with Pupil A outside of School hours, [redacted]. ./Howard__Luke_-_9205389_-_web_decision_.pdf- ./Howard__Luke_-_9205389_-_web_decision_.pdf-In her witness statement, Ms X indicated that Pupil A’s parents had told her that Mr ./Howard__Luke_-_9205389_-_web_decision_.pdf-Howard had told Pupil A that she should “experience different [redacted] tutors”. Mr ./Howard__Luke_-_9205389_-_web_decision_.pdf-Howard then cancelled all Pupil A’s lessons with her current tutor and then took over -- ./Howard__Luke_-_9205389_-_web_decision_.pdf-– girlfriend” relationship in [redacted], in that they regularly communicated in a personal ./Howard__Luke_-_9205389_-_web_decision_.pdf-manner. ./Howard__Luke_-_9205389_-_web_decision_.pdf- ./Howard__Luke_-_9205389_-_web_decision_.pdf-Pupil A said that she and Mr Howard would see one another at School and also outside ./Howard__Luke_-_9205389_-_web_decision_.pdf-school hours [redacted]. ./Howard__Luke_-_9205389_-_web_decision_.pdf- ./Howard__Luke_-_9205389_-_web_decision_.pdf-In addition to school related matters, Pupil A stated that she would also meet with Mr ./Howard__Luke_-_9205389_-_web_decision_.pdf-Howard alone. Mr Howard would pick her up and would drive around in his car. They also ./Howard__Luke_-_9205389_-_web_decision_.pdf-went to Mr Howard’s house a few times a month as she stated this was a place they ./Howard__Luke_-_9205389_-_web_decision_.pdf-could meet up without being seen by others for the purpose of continuing their ./Howard__Luke_-_9205389_-_web_decision_.pdf:relationship. Mr Howard has admitted their relationship became sexual in nature. ./Howard__Luke_-_9205389_-_web_decision_.pdf- ./Howard__Luke_-_9205389_-_web_decision_.pdf-The panel considered that on the balance of probabilities that Mr Howard did meet with ./Howard__Luke_-_9205389_-_web_decision_.pdf-Pupil A outside of School hours [redacted]. This allegation is therefore found proven. ./Howard__Luke_-_9205389_-_web_decision_.pdf- ./Howard__Luke_-_9205389_-_web_decision_.pdf: 3. Your conduct set out at paragraphs 1 and 2 was sexually motivated. ./Howard__Luke_-_9205389_-_web_decision_.pdf- ./Howard__Luke_-_9205389_-_web_decision_.pdf-The presenting officer submitted that if allegation 1 and 2 are found proved, then it may ./Howard__Luke_-_9205389_-_web_decision_.pdf:be that the panel find that allegation 3 is also proved, i.e. if a sexual relationship took ./Howard__Luke_-_9205389_-_web_decision_.pdf:place it would follow that Mr Howard’s conduct towards Pupil A was sexually motivated. ./Howard__Luke_-_9205389_-_web_decision_.pdf- ./Howard__Luke_-_9205389_-_web_decision_.pdf- ./Howard__Luke_-_9205389_-_web_decision_.pdf- ./Howard__Luke_-_9205389_-_web_decision_.pdf- 8 ./Howard__Luke_-_9205389_-_web_decision_.pdf- -- ./Howard__Luke_-_9205389_-_web_decision_.pdf-The presenting officer submitted that the purpose of Mr Howard meeting up with Pupil A ./Howard__Luke_-_9205389_-_web_decision_.pdf:outside of school hours was for a sexual purpose. In his written representations, Mr ./Howard__Luke_-_9205389_-_web_decision_.pdf-Howard denies this. ./Howard__Luke_-_9205389_-_web_decision_.pdf- ./Howard__Luke_-_9205389_-_web_decision_.pdf-The panel was advised by the legal advisor that the first question the panel needs to ask ./Howard__Luke_-_9205389_-_web_decision_.pdf-itself is whether reasonable persons would think the words/actions found proven against ./Howard__Luke_-_9205389_-_web_decision_.pdf:Mr Howard could be sexual i.e. an objective test. If so, the panel would then need to go ./Howard__Luke_-_9205389_-_web_decision_.pdf-on to ask itself a second question: whether, in all the circumstances of the conduct in the ./Howard__Luke_-_9205389_-_web_decision_.pdf:case, Mr Howard’s purpose of such words/actions was sexual, i.e. the subjective test. ./Howard__Luke_-_9205389_-_web_decision_.pdf- ./Howard__Luke_-_9205389_-_web_decision_.pdf-In his written submission to the National College dated 19 December 2014, Mr Howard ./Howard__Luke_-_9205389_-_web_decision_.pdf-states that they had formed a “strong emotional attachment” and that once Pupil A turned ./Howard__Luke_-_9205389_-_web_decision_.pdf:18 their relationship became sexual. Pupil A’s evidence conflicted, as she stated that the ./Howard__Luke_-_9205389_-_web_decision_.pdf:relationship had become sexual by February 2013. On either version of events, the panel ./Howard__Luke_-_9205389_-_web_decision_.pdf-considered that on an objective test, the reasonable person would consider that Mr ./Howard__Luke_-_9205389_-_web_decision_.pdf:Howard’s actions towards Pupil A were sexually motivated. Also, the panel considered, ./Howard__Luke_-_9205389_-_web_decision_.pdf:on a subjective test, that Mr Howard’s actions towards Pupil A included sexual ./Howard__Luke_-_9205389_-_web_decision_.pdf-motivation. ./Howard__Luke_-_9205389_-_web_decision_.pdf- ./Howard__Luke_-_9205389_-_web_decision_.pdf-Therefore the panel found this allegation proven. ./Howard__Luke_-_9205389_-_web_decision_.pdf- ./Howard__Luke_-_9205389_-_web_decision_.pdf- 4. When questioned by the Headteacher in February 2013, you denied ./Howard__Luke_-_9205389_-_web_decision_.pdf- engaging in an inappropriate relationship with Pupil A. ./Howard__Luke_-_9205389_-_web_decision_.pdf- ./Howard__Luke_-_9205389_-_web_decision_.pdf-Ms X stated in her witness statement that she questioned Mr Howard and Pupil A ./Howard__Luke_-_9205389_-_web_decision_.pdf-individually about their relationship. She stated that, in response, Mr Howard denied ./Howard__Luke_-_9205389_-_web_decision_.pdf-engaging in an inappropriate relationship. -- ./Howard__Luke_-_9205389_-_web_decision_.pdf:their relationship was personal and had indeed become sexual by this time. In contrast, ./Howard__Luke_-_9205389_-_web_decision_.pdf:Mr Howard states that their relationship became sexual at a later point. ./Howard__Luke_-_9205389_-_web_decision_.pdf- ./Howard__Luke_-_9205389_-_web_decision_.pdf-The panel were mindful of the legal advice from the legal advisor that the first question ./Howard__Luke_-_9205389_-_web_decision_.pdf-the panel must ask itself is, were Mr Howard’s actions dishonest by the standards of ./Howard__Luke_-_9205389_-_web_decision_.pdf-reasonable and honest teachers (the objective test). If the panel consider that his actions ./Howard__Luke_-_9205389_-_web_decision_.pdf-were dishonest by those standards then, and only then, must the panel ask themselves ./Howard__Luke_-_9205389_-_web_decision_.pdf-the second stage of the test, the subjective test. The panel has to consider whether Mr ./Howard__Luke_-_9205389_-_web_decision_.pdf-Howard must have known that what he did was dishonest by those standards, although a ./Howard__Luke_-_9205389_-_web_decision_.pdf-person should not escape a finding of dishonesty because he sets his own standards of ./Howard__Luke_-_9205389_-_web_decision_.pdf-dishonesty. ./Howard__Luke_-_9205389_-_web_decision_.pdf- -- ./Howard__Luke_-_9205389_-_web_decision_.pdf-  Teachers must have proper and professional regard for the ethos, policies and ./Howard__Luke_-_9205389_-_web_decision_.pdf- practices of the school in which they teach, and maintain high standards in their ./Howard__Luke_-_9205389_-_web_decision_.pdf- own attendance and punctuality. ./Howard__Luke_-_9205389_-_web_decision_.pdf-  Teachers must have an understanding of, and always act within, the statutory ./Howard__Luke_-_9205389_-_web_decision_.pdf- frameworks which set out their professional duties and responsibilities. ./Howard__Luke_-_9205389_-_web_decision_.pdf-The panel is satisfied that the conduct of Mr Howard fell significantly short of the ./Howard__Luke_-_9205389_-_web_decision_.pdf:standards expected of the profession by developing an intimate and sexual relationship ./Howard__Luke_-_9205389_-_web_decision_.pdf-with a pupil, thus disregarding his safeguarding responsibilities. ./Howard__Luke_-_9205389_-_web_decision_.pdf- ./Howard__Luke_-_9205389_-_web_decision_.pdf-The panel has also considered whether Mr Howard’s conduct displayed behaviours ./Howard__Luke_-_9205389_-_web_decision_.pdf-associated with any of the offences listed on pages 8 and 9 of the Advice. The panel has ./Howard__Luke_-_9205389_-_web_decision_.pdf:found that the offence of sexual activity is relevant. The Advice indicates that where ./Howard__Luke_-_9205389_-_web_decision_.pdf-behaviours associated with such an offence exist, a panel is likely to conclude that an ./Howard__Luke_-_9205389_-_web_decision_.pdf-individual’s conduct would amount to unacceptable professional conduct. ./Howard__Luke_-_9205389_-_web_decision_.pdf- ./Howard__Luke_-_9205389_-_web_decision_.pdf-The panel notes that the facts relating to some of the allegations took place outside of the ./Howard__Luke_-_9205389_-_web_decision_.pdf-education setting, [redacted]. Mr Howard’s conduct led to pupils being exposed to or ./Howard__Luke_-_9205389_-_web_decision_.pdf-influenced by his behaviour in a harmful way, as his behaviour had a damaging effect on ./Howard__Luke_-_9205389_-_web_decision_.pdf-Pupil A and caused her great distress, despite her apparent commitment to the ./Howard__Luke_-_9205389_-_web_decision_.pdf-relationship. ./Howard__Luke_-_9205389_-_web_decision_.pdf- ./Howard__Luke_-_9205389_-_web_decision_.pdf-Accordingly, the panel is satisfied that Mr Howard is guilty of unacceptable professional -- ./Howard__Luke_-_9205389_-_web_decision_.pdf-given in order to be punitive, or to show that blame has been apportioned, although they ./Howard__Luke_-_9205389_-_web_decision_.pdf-are likely to have punitive effect. ./Howard__Luke_-_9205389_-_web_decision_.pdf- ./Howard__Luke_-_9205389_-_web_decision_.pdf-The panel has considered the particular public interest considerations set out in the ./Howard__Luke_-_9205389_-_web_decision_.pdf-Advice and having done so has found a number of them to be relevant in this case, ./Howard__Luke_-_9205389_-_web_decision_.pdf-namely: the protection of pupils, the maintenance of public confidence in the profession ./Howard__Luke_-_9205389_-_web_decision_.pdf-and declaring and upholding proper standards of conduct. ./Howard__Luke_-_9205389_-_web_decision_.pdf- ./Howard__Luke_-_9205389_-_web_decision_.pdf-In light of the panel’s findings against Mr Howard, there is a strong public interest ./Howard__Luke_-_9205389_-_web_decision_.pdf-consideration in respect of the protection of pupils given the serious findings of an ./Howard__Luke_-_9205389_-_web_decision_.pdf:inappropriate sexual relationship with Pupil A when she was a pupil of the School. ./Howard__Luke_-_9205389_-_web_decision_.pdf- ./Howard__Luke_-_9205389_-_web_decision_.pdf-Similarly, the panel considers that public confidence in the profession could be seriously ./Howard__Luke_-_9205389_-_web_decision_.pdf-weakened if conduct such as that found against Mr Howard were not treated with the ./Howard__Luke_-_9205389_-_web_decision_.pdf-utmost seriousness when regulating the conduct of the profession. ./Howard__Luke_-_9205389_-_web_decision_.pdf- ./Howard__Luke_-_9205389_-_web_decision_.pdf-The panel considered that a strong public interest consideration in declaring proper ./Howard__Luke_-_9205389_-_web_decision_.pdf-standards of conduct in the profession was also present as the conduct found against Mr ./Howard__Luke_-_9205389_-_web_decision_.pdf-Howard was outside that which could reasonably be tolerated. ./Howard__Luke_-_9205389_-_web_decision_.pdf- ./Howard__Luke_-_9205389_-_web_decision_.pdf-Notwithstanding the clear public interest considerations that were present, the panel -- ./Howard__Luke_-_9205389_-_web_decision_.pdf-Howard. The panel took further account of the Advice, which suggests that a prohibition ./Howard__Luke_-_9205389_-_web_decision_.pdf-order may be appropriate if certain behaviours of a teacher have been proven. In the list ./Howard__Luke_-_9205389_-_web_decision_.pdf-of such behaviours, those that are relevant in this case are: ./Howard__Luke_-_9205389_-_web_decision_.pdf- ./Howard__Luke_-_9205389_-_web_decision_.pdf-  serious departure from the personal and professional conduct elements of the ./Howard__Luke_-_9205389_-_web_decision_.pdf- Teachers’ Standards; ./Howard__Luke_-_9205389_-_web_decision_.pdf-  misconduct seriously affecting the education and/or well-being of pupils, and ./Howard__Luke_-_9205389_-_web_decision_.pdf- particularly where there is a continuing risk; ./Howard__Luke_-_9205389_-_web_decision_.pdf-  abuse of position or trust (particularly involving vulnerable pupils) or violation of the ./Howard__Luke_-_9205389_-_web_decision_.pdf- rights of pupils; ./Howard__Luke_-_9205389_-_web_decision_.pdf:  sexual misconduct, e.g. involving actions that were sexually motivated or of a ./Howard__Luke_-_9205389_-_web_decision_.pdf: sexual nature and/or that use or exploit the trust, knowledge or influence derived ./Howard__Luke_-_9205389_-_web_decision_.pdf- from the individual’s professional position; ./Howard__Luke_-_9205389_-_web_decision_.pdf-Even though there were behaviours that would point to a prohibition order being ./Howard__Luke_-_9205389_-_web_decision_.pdf-appropriate, the panel went on to consider whether or not there were sufficient mitigating ./Howard__Luke_-_9205389_-_web_decision_.pdf- ./Howard__Luke_-_9205389_-_web_decision_.pdf- 12 ./Howard__Luke_-_9205389_-_web_decision_.pdf- -- ./Howard__Luke_-_9205389_-_web_decision_.pdf-factors to militate against a prohibition order being an appropriate and proportionate ./Howard__Luke_-_9205389_-_web_decision_.pdf-measure to impose, particularly taking into account the nature and severity of the ./Howard__Luke_-_9205389_-_web_decision_.pdf-behaviour in this case. In light of the panel’s findings there was no evidence that Mr ./Howard__Luke_-_9205389_-_web_decision_.pdf-Howard’s actions were not deliberate. There was also no evidence to suggest that Mr ./Howard__Luke_-_9205389_-_web_decision_.pdf-Howard was acting under duress, and the panel found Mr Howard’s actions to be ./Howard__Luke_-_9205389_-_web_decision_.pdf:sexually motivated. ./Howard__Luke_-_9205389_-_web_decision_.pdf- ./Howard__Luke_-_9205389_-_web_decision_.pdf-There is very little information in the bundle which attests to Mr Howard’s abilities as a ./Howard__Luke_-_9205389_-_web_decision_.pdf-teacher or his character. The panel noted that Ms X indicated in her oral evidence that ./Howard__Luke_-_9205389_-_web_decision_.pdf-Mr Howard was held in high regard by some pupils and parents, but others did not like ./Howard__Luke_-_9205389_-_web_decision_.pdf-his teaching style. Ms X had concerns about his punctuality and the quality of his marking ./Howard__Luke_-_9205389_-_web_decision_.pdf-and feedback. ./Howard__Luke_-_9205389_-_web_decision_.pdf- ./Howard__Luke_-_9205389_-_web_decision_.pdf-The panel is of the view that prohibition is both proportionate and appropriate. The panel ./Howard__Luke_-_9205389_-_web_decision_.pdf-has decided that the public interest considerations outweigh the interests of Mr Howard. ./Howard__Luke_-_9205389_-_web_decision_.pdf-Mr Howard’s lack of awareness of the inappropriateness of his actions in that they posed -- ./Howard__Luke_-_9205389_-_web_decision_.pdf-be imposed with immediate effect. ./Howard__Luke_-_9205389_-_web_decision_.pdf- ./Howard__Luke_-_9205389_-_web_decision_.pdf-The panel went on to consider whether or not it would be appropriate for them to decide ./Howard__Luke_-_9205389_-_web_decision_.pdf-to recommend that a review period of the order should be considered. The panel were ./Howard__Luke_-_9205389_-_web_decision_.pdf-mindful that the Advice indicates that a prohibition order applies for life, but there may be ./Howard__Luke_-_9205389_-_web_decision_.pdf-circumstances in any given case that may make it appropriate to allow a teacher to apply ./Howard__Luke_-_9205389_-_web_decision_.pdf-to have the prohibition order reviewed after a specified period of time that may not be ./Howard__Luke_-_9205389_-_web_decision_.pdf-less than 2 years. ./Howard__Luke_-_9205389_-_web_decision_.pdf- ./Howard__Luke_-_9205389_-_web_decision_.pdf-The Advice indicates that there are behaviours that, if proven, would militate against a ./Howard__Luke_-_9205389_-_web_decision_.pdf:review period being recommended. One of these behaviours includes serious sexual ./Howard__Luke_-_9205389_-_web_decision_.pdf:misconduct, e.g. where the act was sexually motivated and resulted in or had the ./Howard__Luke_-_9205389_-_web_decision_.pdf-potential to result in, harm to a person or persons, particularly where the individual has ./Howard__Luke_-_9205389_-_web_decision_.pdf-used their professional position to influence or exploit a person or persons. The panel ./Howard__Luke_-_9205389_-_web_decision_.pdf-has found that Mr Howard used his professional position as a teacher to influence Pupil A ./Howard__Luke_-_9205389_-_web_decision_.pdf-and he created frequent opportunities to spend time alone with her including outside of ./Howard__Luke_-_9205389_-_web_decision_.pdf-school. Reflecting on the relationship, Pupil A’s oral evidence was that she was ./Howard__Luke_-_9205389_-_web_decision_.pdf-distressed by it and the panel concluded that she had suffered harm as result of Mr ./Howard__Luke_-_9205389_-_web_decision_.pdf:Howard’s sexually motivated behaviour. The panel found that Mr Howard had committed ./Howard__Luke_-_9205389_-_web_decision_.pdf:serious sexual misconduct. ./Howard__Luke_-_9205389_-_web_decision_.pdf- ./Howard__Luke_-_9205389_-_web_decision_.pdf-The panel noted Mr Howard’s expression of remorse in his written representations in that ./Howard__Luke_-_9205389_-_web_decision_.pdf-he “deeply” regrets his actions “throughout this time of his life”. However, it did not ./Howard__Luke_-_9205389_-_web_decision_.pdf-appear that he fully appreciated the significance of his actions on Pupil A and her family. ./Howard__Luke_-_9205389_-_web_decision_.pdf-His behaviour was not an isolated incident, the relationship developed over time and he ./Howard__Luke_-_9205389_-_web_decision_.pdf-made efforts to seek private places in which Pupil A and he could continue their ./Howard__Luke_-_9205389_-_web_decision_.pdf- ./Howard__Luke_-_9205389_-_web_decision_.pdf- ./Howard__Luke_-_9205389_-_web_decision_.pdf- 13 ./Howard__Luke_-_9205389_-_web_decision_.pdf- -- ./Howard__Luke_-_9205389_-_web_decision_.pdf-proportionate in all the circumstances for the prohibition order to be recommended ./Howard__Luke_-_9205389_-_web_decision_.pdf-without provision for a review period. ./Howard__Luke_-_9205389_-_web_decision_.pdf- ./Howard__Luke_-_9205389_-_web_decision_.pdf- ./Howard__Luke_-_9205389_-_web_decision_.pdf-Decision and reasons on behalf of the Secretary of State ./Howard__Luke_-_9205389_-_web_decision_.pdf-I have given very careful consideration to this case and to the recommendation made by ./Howard__Luke_-_9205389_-_web_decision_.pdf-the panel both in respect of sanction and review period. ./Howard__Luke_-_9205389_-_web_decision_.pdf- ./Howard__Luke_-_9205389_-_web_decision_.pdf-This is a serious case in which the panel has found Mr Howard guilty of conduct which ./Howard__Luke_-_9205389_-_web_decision_.pdf-fell significantly short of the standards expected of the profession, by developing an ./Howard__Luke_-_9205389_-_web_decision_.pdf:intimate and sexual relationship with a pupil. ./Howard__Luke_-_9205389_-_web_decision_.pdf- ./Howard__Luke_-_9205389_-_web_decision_.pdf-Mr Howard’s behaviour caused Pupil A and her family considerable distress. The panel ./Howard__Luke_-_9205389_-_web_decision_.pdf:are clear that this was a case of serious sexual misconduct. ./Howard__Luke_-_9205389_-_web_decision_.pdf- ./Howard__Luke_-_9205389_-_web_decision_.pdf-I have taken into account the need to be proportionate and to balance the public interest ./Howard__Luke_-_9205389_-_web_decision_.pdf-with the interests of the teacher. I have also taken into account the guidance published ./Howard__Luke_-_9205389_-_web_decision_.pdf-by the Secretary of State. ./Howard__Luke_-_9205389_-_web_decision_.pdf- ./Howard__Luke_-_9205389_-_web_decision_.pdf-In my judgement Mr Howard should be prohibited from teaching. ./Howard__Luke_-_9205389_-_web_decision_.pdf- ./Howard__Luke_-_9205389_-_web_decision_.pdf-I have then considered the matter of a review period. I have taken into account the ./Howard__Luke_-_9205389_-_web_decision_.pdf-panel’s comments on Mr Howard’s health and also on the premeditated and deliberate ./Howard__Luke_-_9205389_-_web_decision_.pdf-nature of the actions. ./Hussain__A_15406_Web_decision.pdf-B. Allegations ./Hussain__A_15406_Web_decision.pdf-The panel considered the allegations set out in the Notice of Meeting dated 16 November ./Hussain__A_15406_Web_decision.pdf-2016. ./Hussain__A_15406_Web_decision.pdf- ./Hussain__A_15406_Web_decision.pdf-It was alleged that Mr Hussain was guilty of unacceptable professional conduct and/or ./Hussain__A_15406_Web_decision.pdf-conduct that may bring the profession into disrepute in that he failed to maintain ./Hussain__A_15406_Web_decision.pdf-appropriate professional standards whilst working as a teacher at Lawnswood High ./Hussain__A_15406_Web_decision.pdf-School (“the School”) when: ./Hussain__A_15406_Web_decision.pdf- ./Hussain__A_15406_Web_decision.pdf: 1. On 18 April 2016, he viewed a pornographic video and/or pornographic images ./Hussain__A_15406_Web_decision.pdf- whilst teaching a year 7 class; ./Hussain__A_15406_Web_decision.pdf- ./Hussain__A_15406_Web_decision.pdf: 2. On 18 April 2016, he brought a USB stick into the School containing pornographic ./Hussain__A_15406_Web_decision.pdf: videos and/or pornographic images; ./Hussain__A_15406_Web_decision.pdf- ./Hussain__A_15406_Web_decision.pdf- 3. By his actions set out at 1 and/or 2 above he created a situation whereby young ./Hussain__A_15406_Web_decision.pdf: pupils could have been exposed to inappropriate materials namely pornographic ./Hussain__A_15406_Web_decision.pdf: videos and/or pornographic images. ./Hussain__A_15406_Web_decision.pdf- ./Hussain__A_15406_Web_decision.pdf-Mr Hussain admits the facts of the allegations and that they amount to unacceptable ./Hussain__A_15406_Web_decision.pdf-professional conduct and/or conduct which may bring the profession into disrepute in the ./Hussain__A_15406_Web_decision.pdf-Notice of Referral Form signed by Mr Hussain on 8 September 2016 and in the ./Hussain__A_15406_Web_decision.pdf-Statement of Agreed Facts signed by Mr Hussain on 26 October 2016. ./Hussain__A_15406_Web_decision.pdf- ./Hussain__A_15406_Web_decision.pdf- ./Hussain__A_15406_Web_decision.pdf-C. Preliminary applications ./Hussain__A_15406_Web_decision.pdf-Whilst there were no preliminary applications, the panel considered at the outset whether ./Hussain__A_15406_Web_decision.pdf-the allegations should be considered at a public hearing at which the parties would be -- ./Hussain__A_15406_Web_decision.pdf-The panel announced its decision and reasons as follows: ./Hussain__A_15406_Web_decision.pdf- ./Hussain__A_15406_Web_decision.pdf-The panel has carefully considered the case before it and has reached a decision. ./Hussain__A_15406_Web_decision.pdf- ./Hussain__A_15406_Web_decision.pdf-The panel confirms that it has read all the documents provided in the bundle in advance of ./Hussain__A_15406_Web_decision.pdf-the hearing. ./Hussain__A_15406_Web_decision.pdf- ./Hussain__A_15406_Web_decision.pdf-Mr Hussain was registered as a supply teacher with a third party recruitment company from ./Hussain__A_15406_Web_decision.pdf-13 May 2014. Mr Hussain commenced work as a supply teacher at Lawnswood High ./Hussain__A_15406_Web_decision.pdf-School (the “School”) on or around 4 January 2016. On 18 April 2016, the School’s ./Hussain__A_15406_Web_decision.pdf:safeguarding software detected that pornographic material was being viewed from a USB ./Hussain__A_15406_Web_decision.pdf-device on the School’s network. The School’s safeguarding software provider reported this ./Hussain__A_15406_Web_decision.pdf-to the School and identified Mr Hussain as the IT user. The School’s safeguarding software ./Hussain__A_15406_Web_decision.pdf:provider also provided the School with a pixelated image of the pornographic material ./Hussain__A_15406_Web_decision.pdf-viewed. The headteacher was notified and met with Mr Hussain to discuss the allegation. ./Hussain__A_15406_Web_decision.pdf- ./Hussain__A_15406_Web_decision.pdf-On 20 April 2016, Mr Hussain was suspended from the School and informed that the LADO ./Hussain__A_15406_Web_decision.pdf-would be informed about the incident. On 21 April 2016, an urgent LADO safeguarding ./Hussain__A_15406_Web_decision.pdf-meeting took place. A further safeguarding meeting took place on 26 April 2016. ./Hussain__A_15406_Web_decision.pdf- ./Hussain__A_15406_Web_decision.pdf- ./Hussain__A_15406_Web_decision.pdf- ./Hussain__A_15406_Web_decision.pdf- ./Hussain__A_15406_Web_decision.pdf- 5 -- ./Hussain__A_15406_Web_decision.pdf-Findings of fact ./Hussain__A_15406_Web_decision.pdf-Our findings of fact are as follows: ./Hussain__A_15406_Web_decision.pdf- ./Hussain__A_15406_Web_decision.pdf-The panel has found the following particulars of the allegations against you, Mr Hussain, ./Hussain__A_15406_Web_decision.pdf-proven, for these reasons: ./Hussain__A_15406_Web_decision.pdf- ./Hussain__A_15406_Web_decision.pdf: 1. On 18 April 2016, you viewed a pornographic video and/or pornographic ./Hussain__A_15406_Web_decision.pdf- images whilst teaching a year 7 class; ./Hussain__A_15406_Web_decision.pdf- ./Hussain__A_15406_Web_decision.pdf-The panel notes Mr Hussain’s admissions of the facts underlying this allegation in his ./Hussain__A_15406_Web_decision.pdf-Notice of Referral Form (p.8 and p.9), in the Statement of Agreed Facts (p.11 and p.12), ./Hussain__A_15406_Web_decision.pdf-and in the letter from Mr Hussain’s representatives dated 9 August 2016 (p.78 to p.80). ./Hussain__A_15406_Web_decision.pdf- ./Hussain__A_15406_Web_decision.pdf-The panel notes that a note from an employee of the School on 20 April 2016 states that ./Hussain__A_15406_Web_decision.pdf:Mr Hussain had admitted to viewing a pornographic video during a cover lesson on 18 April ./Hussain__A_15406_Web_decision.pdf-2016 (p.72). The panel notes that the School’s safeguarding software supplier’s weekly ./Hussain__A_15406_Web_decision.pdf-report for 12 April 2016 to 18 April 2016 shows an entry reporting that Mr Hussain accessed ./Hussain__A_15406_Web_decision.pdf:a pornographic video at 12:47 on 18 April 2016 (p.73). ./Hussain__A_15406_Web_decision.pdf- ./Hussain__A_15406_Web_decision.pdf-The panel therefore finds this allegation proven. ./Hussain__A_15406_Web_decision.pdf- ./Hussain__A_15406_Web_decision.pdf- 2. On 18 April 2016, you brought a USB stick into the School containing ./Hussain__A_15406_Web_decision.pdf: pornographic videos and/or pornographic images; ./Hussain__A_15406_Web_decision.pdf- ./Hussain__A_15406_Web_decision.pdf-The panel notes Mr Hussain’s admissions of the facts underlying this allegation in his ./Hussain__A_15406_Web_decision.pdf-Notice of Referral Form (p.8 and p.9), in the Statement of Agreed Facts (p.11 and p.12), ./Hussain__A_15406_Web_decision.pdf-and in the letter from Mr Hussain’s representatives dated 9 August 2016 (p.78 to p.80). ./Hussain__A_15406_Web_decision.pdf- ./Hussain__A_15406_Web_decision.pdf-The panel notes that a note from an employee of the School on 20 April 2016 states that ./Hussain__A_15406_Web_decision.pdf:Mr Hussain had admitted to having a memory stick with pornographic images on it in the ./Hussain__A_15406_Web_decision.pdf-School (p.72). ./Hussain__A_15406_Web_decision.pdf- ./Hussain__A_15406_Web_decision.pdf-The panel therefore finds this allegation proven. ./Hussain__A_15406_Web_decision.pdf- ./Hussain__A_15406_Web_decision.pdf- 3. By your actions set out at 1 and/or 2 above you created a situation whereby ./Hussain__A_15406_Web_decision.pdf- young pupils could have been exposed to inappropriate materials namely ./Hussain__A_15406_Web_decision.pdf: pornographic videos and/or pornographic images. ./Hussain__A_15406_Web_decision.pdf- ./Hussain__A_15406_Web_decision.pdf-The panel notes Mr Hussain’s admissions of the facts underlying this allegation in his ./Hussain__A_15406_Web_decision.pdf-Notice of Referral Form (p.8 and p.9), in the Statement of Agreed Facts (p.11 and p.12) ./Hussain__A_15406_Web_decision.pdf-and in the letter from Mr Hussain’s representatives dated 9 August 2016 (p.78 to p.80). ./Hussain__A_15406_Web_decision.pdf- ./Hussain__A_15406_Web_decision.pdf-The documents of the School confirmed that when questioned about the incident, a pupil ./Hussain__A_15406_Web_decision.pdf-had reported that Mr Hussain had left his desk during the lesson to check pupils’ work ./Hussain__A_15406_Web_decision.pdf-(p.71). The School’s documents show that the pupil’s recollection had been corroborated ./Hussain__A_15406_Web_decision.pdf-by a teaching assistant in the class room at the same time (p.72). As Mr Hussain was ./Hussain__A_15406_Web_decision.pdf- -- ./Hussain__A_15406_Web_decision.pdf-involved breaches of the Teachers’ Standards. The panel considers that by reference to ./Hussain__A_15406_Web_decision.pdf-Part Two, Mr Hussain is in breach of the following standards: ./Hussain__A_15406_Web_decision.pdf- ./Hussain__A_15406_Web_decision.pdf-  Teachers uphold public trust in the profession and maintain high standards of ./Hussain__A_15406_Web_decision.pdf- ethics and behaviour, within and outside school; ./Hussain__A_15406_Web_decision.pdf-  Teachers must have proper and professional regard for the ethos, policies and ./Hussain__A_15406_Web_decision.pdf- practices of the school in which they teach; ./Hussain__A_15406_Web_decision.pdf-  Teachers must have an understanding of, and always act within, the statutory ./Hussain__A_15406_Web_decision.pdf- frameworks which set out their professional duties and responsibilities. ./Hussain__A_15406_Web_decision.pdf-The panel is satisfied that the conduct of Mr Hussain fell significantly short of the ./Hussain__A_15406_Web_decision.pdf:standards expected of the profession. Mr Hussain accessed pornography through the ./Hussain__A_15406_Web_decision.pdf-School’s network whilst teaching a class. Mr Hussain’s attention was diverted from ./Hussain__A_15406_Web_decision.pdf-teaching his pupils, therefore he was not providing them with the mutual respect and ./Hussain__A_15406_Web_decision.pdf-dignity that the class deserved. Mr Hussain also knew, or ought to have known, that ./Hussain__A_15406_Web_decision.pdf-viewing such images on the School’s network would be a breach of the School’s IT policy ./Hussain__A_15406_Web_decision.pdf-and therefore deliberately breached this policy. Mr Hussain also ran what the panel ./Hussain__A_15406_Web_decision.pdf-considered to be an unacceptable risk of the images’ being seen by pupils. ./Hussain__A_15406_Web_decision.pdf- ./Hussain__A_15406_Web_decision.pdf- ./Hussain__A_15406_Web_decision.pdf- ./Hussain__A_15406_Web_decision.pdf- -- ./Hussain__A_15406_Web_decision.pdf-and has considered the influence that teachers may have on pupils, parents and others ./Hussain__A_15406_Web_decision.pdf-in the community. The panel has taken account of the uniquely influential role that ./Hussain__A_15406_Web_decision.pdf-teachers can hold in pupils’ lives and that pupils must be able to view teachers as role ./Hussain__A_15406_Web_decision.pdf-models in the way they behave. ./Hussain__A_15406_Web_decision.pdf- ./Hussain__A_15406_Web_decision.pdf-Mr Hussain accepts in the Notice of Referral (p. 8 and p. 9) and in the Statement of ./Hussain__A_15406_Web_decision.pdf-Agreed Facts (p.11 and p.12) that his conduct amounts to conduct that may bring the ./Hussain__A_15406_Web_decision.pdf-profession into disrepute. ./Hussain__A_15406_Web_decision.pdf- ./Hussain__A_15406_Web_decision.pdf-The panel considers that the general public would consider it neither appropriate nor ./Hussain__A_15406_Web_decision.pdf:acceptable to view pornography whilst at work, particularly whilst Mr Hussain was in ./Hussain__A_15406_Web_decision.pdf-charge of pupils in a class and should have been focused on teaching. Further, Mr ./Hussain__A_15406_Web_decision.pdf-Hussain ran the risk of the images’ being viewed by pupils. Therefore his conduct would ./Hussain__A_15406_Web_decision.pdf-be viewed negatively by the public particularly in light of the unique role that teachers can ./Hussain__A_15406_Web_decision.pdf-hold, potentially damaging the public perception of the profession. ./Hussain__A_15406_Web_decision.pdf- ./Hussain__A_15406_Web_decision.pdf-The panel therefore finds that Mr Hussain’s actions constitute conduct that may bring the ./Hussain__A_15406_Web_decision.pdf-profession into disrepute. ./Hussain__A_15406_Web_decision.pdf- ./Hussain__A_15406_Web_decision.pdf- ./Hussain__A_15406_Web_decision.pdf-Panel’s recommendation to the Secretary of State -- ./Hussain__A_15406_Web_decision.pdf-measure, and whether it is in the public interest to do so. Prohibition orders should not be ./Hussain__A_15406_Web_decision.pdf-given in order to be punitive, or to show that blame has been apportioned, although they ./Hussain__A_15406_Web_decision.pdf-are likely to have punitive effect. ./Hussain__A_15406_Web_decision.pdf- ./Hussain__A_15406_Web_decision.pdf-The panel has considered the particular public interest considerations set out in the ./Hussain__A_15406_Web_decision.pdf-Advice and having done so has found a number of them to be relevant in this case, ./Hussain__A_15406_Web_decision.pdf-namely the protection of pupils; the protection of other members of the public; the ./Hussain__A_15406_Web_decision.pdf-maintenance of public confidence in the profession; and declaring and upholding proper ./Hussain__A_15406_Web_decision.pdf-standards of conduct. ./Hussain__A_15406_Web_decision.pdf- ./Hussain__A_15406_Web_decision.pdf:In light of the panel’s findings against Mr Hussain, which concerned viewing pornographic ./Hussain__A_15406_Web_decision.pdf-images on the School’s system whilst he was supposed to be teaching pupils, there is a ./Hussain__A_15406_Web_decision.pdf-strong public interest consideration in declaring proper standards of conduct in the ./Hussain__A_15406_Web_decision.pdf-profession. The conduct found against Mr Hussain was outside that which could ./Hussain__A_15406_Web_decision.pdf-reasonably be tolerated, particularly in light of the fact that he ran the risk of pupils’ ./Hussain__A_15406_Web_decision.pdf-viewing the images. ./Hussain__A_15406_Web_decision.pdf- ./Hussain__A_15406_Web_decision.pdf-Similarly, the panel considers that public confidence in the profession could be seriously ./Hussain__A_15406_Web_decision.pdf-weakened if conduct such as that found against Mr Hussain were not treated with the ./Hussain__A_15406_Web_decision.pdf-utmost seriousness when regulating the conduct of the profession. ./Hussain__A_15406_Web_decision.pdf- -- ./Hussain__A_15406_Web_decision.pdf-to p.94). This is also corroborated by the transcript of the telephone conversation ./Hussain__A_15406_Web_decision.pdf-between Mr Hussain and the third party recruitment agency (p.68), in the letter dated 3 ./Hussain__A_15406_Web_decision.pdf-August 2016 from his therapist and the letter dated 5 August 2016 [redacted](p.89 and ./Hussain__A_15406_Web_decision.pdf-90). Mr Hussain has also provided numerous references from peers and former ./Hussain__A_15406_Web_decision.pdf-colleagues which attest to Mr Hussain’s abilities as a teacher (p.85 to p.89). ./Hussain__A_15406_Web_decision.pdf- ./Hussain__A_15406_Web_decision.pdf-Despite these mitigating factors, given the nature of the allegations that the panel has ./Hussain__A_15406_Web_decision.pdf-found proven, the panel is of the view that a prohibition order is proportionate and ./Hussain__A_15406_Web_decision.pdf-appropriate. The panel has decided that the public interest considerations outweigh the ./Hussain__A_15406_Web_decision.pdf-interests of Mr Hussain particularly when it comes to the maintenance of public ./Hussain__A_15406_Web_decision.pdf:confidence in the profession. Given that not only, Mr Hussain was viewing pornographic ./Hussain__A_15406_Web_decision.pdf-material whilst on the School’s network and teaching a class but he ran the unacceptable ./Hussain__A_15406_Web_decision.pdf-risk of pupils’ viewing the images. Accordingly, the panel makes a recommendation to the ./Hussain__A_15406_Web_decision.pdf-Secretary of State that a prohibition order should be imposed with immediate effect. ./Hussain__A_15406_Web_decision.pdf- ./Hussain__A_15406_Web_decision.pdf-The panel went on to consider whether or not it would be appropriate for it to decide to ./Hussain__A_15406_Web_decision.pdf-recommend that a review period of the order should be considered. The panel was ./Hussain__A_15406_Web_decision.pdf-mindful that the Advice suggests that a prohibition order applies for life, but there may be ./Hussain__A_15406_Web_decision.pdf-circumstances in any given case that may make it appropriate to allow a teacher to apply ./Hussain__A_15406_Web_decision.pdf-to have the prohibition order reviewed after a specified period of time that may not be ./Hussain__A_15406_Web_decision.pdf-less than 2 years. ./Hussain__A_15406_Web_decision.pdf- ./Hussain__A_15406_Web_decision.pdf-The Advice indicates that there are behaviours that, if proven, would militate against the ./Hussain__A_15406_Web_decision.pdf:recommendation of a review period. Although there was an element of sexual ./Hussain__A_15406_Web_decision.pdf-misconduct involved in the allegations of Mr Hussain, the panel does not consider the act ./Hussain__A_15406_Web_decision.pdf:to be sexually motivated or that it resulted in or had the potential to result in, harm of a ./Hussain__A_15406_Web_decision.pdf:sexual nature to a person or persons. The panel does not therefore consider this to be ./Hussain__A_15406_Web_decision.pdf-relevant to Mr Hussain’s case. ./Hussain__A_15406_Web_decision.pdf- ./Hussain__A_15406_Web_decision.pdf-The panel notes that Mr Hussain has shown remorse for accessing the material but notes ./Hussain__A_15406_Web_decision.pdf-that Mr Hussain is relying on his personal circumstances to excuse his behaviour, ./Hussain__A_15406_Web_decision.pdf-thereby showing some lack of insight into the severity of his behaviour. Mr Hussain is an ./Hussain__A_15406_Web_decision.pdf-experienced teacher and should be well aware of the proper standards of conduct ./Hussain__A_15406_Web_decision.pdf-expected of teachers. ./Hussain__A_15406_Web_decision.pdf- ./Hussain__A_15406_Web_decision.pdf-Given that the seriousness of the behaviour is at the lower end of the spectrum, the panel ./Hussain__A_15406_Web_decision.pdf-felt the findings indicated a situation in which a review period would be appropriate and -- ./Hussain__A_15406_Web_decision.pdf- ./Hussain__A_15406_Web_decision.pdf-In this case the panel has found that Mr Hussain is in breach of the following standards: ./Hussain__A_15406_Web_decision.pdf- ./Hussain__A_15406_Web_decision.pdf-  Teachers uphold public trust in the profession and maintain high standards of ./Hussain__A_15406_Web_decision.pdf- ethics and behaviour, within and outside school; ./Hussain__A_15406_Web_decision.pdf-  Teachers must have proper and professional regard for the ethos, policies and ./Hussain__A_15406_Web_decision.pdf- practices of the school in which they teach; ./Hussain__A_15406_Web_decision.pdf-  Teachers must have an understanding of, and always act within, the statutory ./Hussain__A_15406_Web_decision.pdf- frameworks which set out their professional duties and responsibilities. ./Hussain__A_15406_Web_decision.pdf-The panel is satisfied that the conduct of Mr Hussain fell significantly short of the ./Hussain__A_15406_Web_decision.pdf:standards expected of the profession. Mr Hussain accessed pornography through the ./Hussain__A_15406_Web_decision.pdf-School’s network whilst teaching a class. ./Hussain__A_15406_Web_decision.pdf- ./Hussain__A_15406_Web_decision.pdf-The panel has gone on to consider the way the teaching profession is viewed by others ./Hussain__A_15406_Web_decision.pdf-and has considered the influence that teachers may have on pupils, parents and others ./Hussain__A_15406_Web_decision.pdf-in the community. The panel has taken account of the uniquely influential role that ./Hussain__A_15406_Web_decision.pdf-teachers can hold in pupils’ lives and that pupils must be able to view teachers as role ./Hussain__A_15406_Web_decision.pdf-models in the way they behave. ./Hussain__A_15406_Web_decision.pdf- ./Hussain__A_15406_Web_decision.pdf-I have given careful consideration to balancing the interests of Mr Hussain with the wider ./Hussain__A_15406_Web_decision.pdf-public interest. I have also taken into account the need to be proportionate. I have noted ./Igor_Zharkov_-Sos_Decision__002_.pdf-Teacher: Mr Igor Zharkov ./Igor_Zharkov_-Sos_Decision__002_.pdf- ./Igor_Zharkov_-Sos_Decision__002_.pdf-Teacher ref number: 0310040 ./Igor_Zharkov_-Sos_Decision__002_.pdf- ./Igor_Zharkov_-Sos_Decision__002_.pdf-Teacher date of birth: 24 December 1973 ./Igor_Zharkov_-Sos_Decision__002_.pdf- ./Igor_Zharkov_-Sos_Decision__002_.pdf-NCTL case reference: 16394 ./Igor_Zharkov_-Sos_Decision__002_.pdf- ./Igor_Zharkov_-Sos_Decision__002_.pdf-Date of determination: 9 March 2018 ./Igor_Zharkov_-Sos_Decision__002_.pdf- ./Igor_Zharkov_-Sos_Decision__002_.pdf:Former employer: Ardingly College, West Sussex ./Igor_Zharkov_-Sos_Decision__002_.pdf- ./Igor_Zharkov_-Sos_Decision__002_.pdf- ./Igor_Zharkov_-Sos_Decision__002_.pdf-A. Introduction ./Igor_Zharkov_-Sos_Decision__002_.pdf-A professional conduct panel (“the panel”) of the National College for Teaching and ./Igor_Zharkov_-Sos_Decision__002_.pdf-Leadership (“the National College”) convened on 9 March 2018 at 53 to 55 Butts Road, ./Igor_Zharkov_-Sos_Decision__002_.pdf-Earlsdon Park, Coventry CV1 3BH to consider the case of Mr Zharkov. ./Igor_Zharkov_-Sos_Decision__002_.pdf- ./Igor_Zharkov_-Sos_Decision__002_.pdf-The panel members were Mr Peter Cooper (Teacher Panellist – in the chair), Ms Hilary ./Igor_Zharkov_-Sos_Decision__002_.pdf-Jones (Lay Panellist) and Mr Melvyn Kershaw (Former Teacher Panellist). ./Igor_Zharkov_-Sos_Decision__002_.pdf- -- ./Igor_Zharkov_-Sos_Decision__002_.pdf- vii. flowers ./Igor_Zharkov_-Sos_Decision__002_.pdf- ./Igor_Zharkov_-Sos_Decision__002_.pdf-2. Engaged in an inappropriate relationship with Student B, in that he: ./Igor_Zharkov_-Sos_Decision__002_.pdf- ./Igor_Zharkov_-Sos_Decision__002_.pdf- a. exchanged inappropriate messages with Student B about Student A, on ./Igor_Zharkov_-Sos_Decision__002_.pdf- one or more occasions, including the following messages, or messages to ./Igor_Zharkov_-Sos_Decision__002_.pdf- this effect: ./Igor_Zharkov_-Sos_Decision__002_.pdf- ./Igor_Zharkov_-Sos_Decision__002_.pdf: i. “it is not sex, not now, not until she is 18 and/or wants it” ./Igor_Zharkov_-Sos_Decision__002_.pdf- ./Igor_Zharkov_-Sos_Decision__002_.pdf- ii. “I cannot stop loving her and never will” ./Igor_Zharkov_-Sos_Decision__002_.pdf- ./Igor_Zharkov_-Sos_Decision__002_.pdf- iii. “I need to have a romantic relationship with her” ./Igor_Zharkov_-Sos_Decision__002_.pdf- ./Igor_Zharkov_-Sos_Decision__002_.pdf- iv. “She is my whole life” ./Igor_Zharkov_-Sos_Decision__002_.pdf- ./Igor_Zharkov_-Sos_Decision__002_.pdf- v. “I am simply incapable of leaving her” ./Igor_Zharkov_-Sos_Decision__002_.pdf- ./Igor_Zharkov_-Sos_Decision__002_.pdf- vi. “I believe in love no matter the distance” -- ./Igor_Zharkov_-Sos_Decision__002_.pdf- d. told Student A and/or Student B to change his name on their contact list to ./Igor_Zharkov_-Sos_Decision__002_.pdf- a different name in order to disguise his identity ./Igor_Zharkov_-Sos_Decision__002_.pdf- ./Igor_Zharkov_-Sos_Decision__002_.pdf- 4. Failed to adhere to one or more instructions to desist from inappropriate contact ./Igor_Zharkov_-Sos_Decision__002_.pdf- with Student A and/or Student B ./Igor_Zharkov_-Sos_Decision__002_.pdf- ./Igor_Zharkov_-Sos_Decision__002_.pdf: 5. His conduct as may be found proven at allegation 1 was sexually motivated ./Igor_Zharkov_-Sos_Decision__002_.pdf- ./Igor_Zharkov_-Sos_Decision__002_.pdf-The teacher admits the allegations, and that they amount to unacceptable professional ./Igor_Zharkov_-Sos_Decision__002_.pdf-conduct and/or conduct that may bring the profession into disrepute. ./Igor_Zharkov_-Sos_Decision__002_.pdf- ./Igor_Zharkov_-Sos_Decision__002_.pdf- ./Igor_Zharkov_-Sos_Decision__002_.pdf-C. Preliminary applications ./Igor_Zharkov_-Sos_Decision__002_.pdf-There were no preliminary applications. ./Igor_Zharkov_-Sos_Decision__002_.pdf- ./Igor_Zharkov_-Sos_Decision__002_.pdf- ./Igor_Zharkov_-Sos_Decision__002_.pdf-D. Summary of evidence -- ./Igor_Zharkov_-Sos_Decision__002_.pdf-relationship between Mr Zharkov and Student A had developed over time. ./Igor_Zharkov_-Sos_Decision__002_.pdf- ./Igor_Zharkov_-Sos_Decision__002_.pdf-The panel found allegation 1 proven on the balance of probabilities. ./Igor_Zharkov_-Sos_Decision__002_.pdf- ./Igor_Zharkov_-Sos_Decision__002_.pdf- 2. Engaged in an inappropriate relationship with Student B, in that you: ./Igor_Zharkov_-Sos_Decision__002_.pdf- ./Igor_Zharkov_-Sos_Decision__002_.pdf- a. exchanged inappropriate messages with Student B about Student A, ./Igor_Zharkov_-Sos_Decision__002_.pdf- on one or more occasions, including the following messages, or ./Igor_Zharkov_-Sos_Decision__002_.pdf- messages to this effect: ./Igor_Zharkov_-Sos_Decision__002_.pdf- ./Igor_Zharkov_-Sos_Decision__002_.pdf: i. “it is not sex, not now, not until she is 18 and/or wants it” ./Igor_Zharkov_-Sos_Decision__002_.pdf- ./Igor_Zharkov_-Sos_Decision__002_.pdf- ii. “I cannot stop loving her and never will” ./Igor_Zharkov_-Sos_Decision__002_.pdf- ./Igor_Zharkov_-Sos_Decision__002_.pdf- iii. “I need to have a romantic relationship with her” ./Igor_Zharkov_-Sos_Decision__002_.pdf- ./Igor_Zharkov_-Sos_Decision__002_.pdf- iv. “She is my whole life” ./Igor_Zharkov_-Sos_Decision__002_.pdf- ./Igor_Zharkov_-Sos_Decision__002_.pdf- v. “I am simply incapable of leaving her” ./Igor_Zharkov_-Sos_Decision__002_.pdf- ./Igor_Zharkov_-Sos_Decision__002_.pdf- vi. “I believe in love no matter the distance” -- ./Igor_Zharkov_-Sos_Decision__002_.pdf-school to terminate his inappropriate contact with Student A and Student B. The panel ./Igor_Zharkov_-Sos_Decision__002_.pdf-noted that he was given verbal and written instruction by the school with clear ./Igor_Zharkov_-Sos_Decision__002_.pdf-parameters as to how he could continue to interact with Student A during school hours, ./Igor_Zharkov_-Sos_Decision__002_.pdf-and prohibiting out of hours contact. ./Igor_Zharkov_-Sos_Decision__002_.pdf- ./Igor_Zharkov_-Sos_Decision__002_.pdf-The panel went on to consider documentary evidence that Mr Zharkov continued to act ./Igor_Zharkov_-Sos_Decision__002_.pdf-outside of these clear instructions on a number of occasions. ./Igor_Zharkov_-Sos_Decision__002_.pdf- ./Igor_Zharkov_-Sos_Decision__002_.pdf-The panel found allegation 4 proven on the balance of probabilities. ./Igor_Zharkov_-Sos_Decision__002_.pdf- ./Igor_Zharkov_-Sos_Decision__002_.pdf: 5. You conduct as may be found proven at allegation 1 was sexually motivated ./Igor_Zharkov_-Sos_Decision__002_.pdf- ./Igor_Zharkov_-Sos_Decision__002_.pdf-The allegation was admitted by the teacher in the agreed statement of facts dated 31 ./Igor_Zharkov_-Sos_Decision__002_.pdf-January 2018. ./Igor_Zharkov_-Sos_Decision__002_.pdf- ./Igor_Zharkov_-Sos_Decision__002_.pdf-As with all findings of fact, the panel considered this question applying the balance of ./Igor_Zharkov_-Sos_Decision__002_.pdf-probabilities. The panel considered whether on the balance of probabilities reasonable ./Igor_Zharkov_-Sos_Decision__002_.pdf:persons would think the words and actions found proven could be sexual. The panel then ./Igor_Zharkov_-Sos_Decision__002_.pdf-considered whether, in all the circumstances of the conduct in the case, it was more likely ./Igor_Zharkov_-Sos_Decision__002_.pdf:than not that the teacher’s purpose of such words and actions were sexual. ./Igor_Zharkov_-Sos_Decision__002_.pdf- ./Igor_Zharkov_-Sos_Decision__002_.pdf:The panel considered whether, even in the absence of any direct evidence, sexual ./Igor_Zharkov_-Sos_Decision__002_.pdf-motivation should be inferred from all the circumstances of the case. The panel had in ./Igor_Zharkov_-Sos_Decision__002_.pdf-mind the evidence of the teacher’s character and considered whether such evidence had ./Igor_Zharkov_-Sos_Decision__002_.pdf-any bearing on the teacher’s credibility or propensity to have carried out the alleged facts ./Igor_Zharkov_-Sos_Decision__002_.pdf-or to the circumstances in which the teacher found himself. ./Igor_Zharkov_-Sos_Decision__002_.pdf- ./Igor_Zharkov_-Sos_Decision__002_.pdf-The panel considered the evidence that Mr Zharkov had sent a Facebook message to ./Igor_Zharkov_-Sos_Decision__002_.pdf:Student B, about Student A stating “It’s not sex now, not until she is 18 and/or wants it.” ./Igor_Zharkov_-Sos_Decision__002_.pdf-The panel also saw evidence that Mr Zharkov prepared and sent a personalised ./Igor_Zharkov_-Sos_Decision__002_.pdf-valentine’s day card to Student A which stated “For my wonderful Girlfriend… Of all the ./Igor_Zharkov_-Sos_Decision__002_.pdf-ways to let you know I love you… my favourite way is just to hold you tightly” and gave ./Igor_Zharkov_-Sos_Decision__002_.pdf-her expensive gifts. The panel found this to be clear evidence that Mr Zharkov was ./Igor_Zharkov_-Sos_Decision__002_.pdf:sexually motivated in his relationship with Student A. ./Igor_Zharkov_-Sos_Decision__002_.pdf- ./Igor_Zharkov_-Sos_Decision__002_.pdf-The panel found allegation 5 proven on the balance of probabilities. ./Igor_Zharkov_-Sos_Decision__002_.pdf- ./Igor_Zharkov_-Sos_Decision__002_.pdf-Findings as to unacceptable professional conduct and/or conduct that ./Igor_Zharkov_-Sos_Decision__002_.pdf-may bring the profession into disrepute ./Igor_Zharkov_-Sos_Decision__002_.pdf-Having found all of the allegations to have been proven, the panel has gone on to ./Igor_Zharkov_-Sos_Decision__002_.pdf-consider whether the facts of those proven allegations amount to unacceptable ./Igor_Zharkov_-Sos_Decision__002_.pdf-professional conduct and/or conduct that may bring the profession into disrepute. ./Igor_Zharkov_-Sos_Decision__002_.pdf- ./Igor_Zharkov_-Sos_Decision__002_.pdf- -- ./Igor_Zharkov_-Sos_Decision__002_.pdf- statutory provisions ./Igor_Zharkov_-Sos_Decision__002_.pdf-  Teachers must have proper and professional regard for the ethos, policies and ./Igor_Zharkov_-Sos_Decision__002_.pdf- practices of the school in which they teach… ./Igor_Zharkov_-Sos_Decision__002_.pdf-  Teachers must have an understanding of, and always act within, the statutory ./Igor_Zharkov_-Sos_Decision__002_.pdf- frameworks which set out their professional duties and responsibilities. ./Igor_Zharkov_-Sos_Decision__002_.pdf-The panel is satisfied that the conduct of Mr Zharkov amounts to misconduct of a serious ./Igor_Zharkov_-Sos_Decision__002_.pdf-nature which fell significantly short of the standards expected of the profession. ./Igor_Zharkov_-Sos_Decision__002_.pdf- ./Igor_Zharkov_-Sos_Decision__002_.pdf-The panel has also considered whether Mr Zharkov’s conduct displayed behaviours ./Igor_Zharkov_-Sos_Decision__002_.pdf-associated with any of the offences listed on pages 8 and 9 of the Advice and has found ./Igor_Zharkov_-Sos_Decision__002_.pdf:that the offence of sexual activity is relevant. ./Igor_Zharkov_-Sos_Decision__002_.pdf- ./Igor_Zharkov_-Sos_Decision__002_.pdf-The Advice indicates that where behaviours associated with such an offence exist, a ./Igor_Zharkov_-Sos_Decision__002_.pdf-panel is likely to conclude that an individual’s conduct would amount to unacceptable ./Igor_Zharkov_-Sos_Decision__002_.pdf-professional conduct. ./Igor_Zharkov_-Sos_Decision__002_.pdf- ./Igor_Zharkov_-Sos_Decision__002_.pdf-The panel notes that allegations 1.c, 1.d, 1.e, 1.f, 2.d and 2.e took place outside of the ./Igor_Zharkov_-Sos_Decision__002_.pdf-education setting. The panel found that Mr Zharkov’s actions in pursuing a relationship ./Igor_Zharkov_-Sos_Decision__002_.pdf-with Student A through taking her for meals outside of the school setting and meeting at ./Igor_Zharkov_-Sos_Decision__002_.pdf-a local hotel, at times under the guise of providing one to one sessions, exposed both ./Igor_Zharkov_-Sos_Decision__002_.pdf-Student A and Student B to harm. -- ./Igor_Zharkov_-Sos_Decision__002_.pdf-order may be appropriate if certain behaviours of a teacher have been proven. In the list ./Igor_Zharkov_-Sos_Decision__002_.pdf-of such behaviours, those that are relevant in this case are: ./Igor_Zharkov_-Sos_Decision__002_.pdf- ./Igor_Zharkov_-Sos_Decision__002_.pdf-  serious departure from the personal and professional conduct elements of the ./Igor_Zharkov_-Sos_Decision__002_.pdf- Teachers’ Standards; ./Igor_Zharkov_-Sos_Decision__002_.pdf-  misconduct seriously affecting the education and/or well-being of pupils, and ./Igor_Zharkov_-Sos_Decision__002_.pdf- particularly where there is a continuing risk; ./Igor_Zharkov_-Sos_Decision__002_.pdf-  a deep-seated attitude that leads to harmful behaviour; ./Igor_Zharkov_-Sos_Decision__002_.pdf-  abuse of position or trust (particularly involving vulnerable pupils) or violation of the ./Igor_Zharkov_-Sos_Decision__002_.pdf- rights of pupils; ./Igor_Zharkov_-Sos_Decision__002_.pdf:  sexual misconduct, e.g. involving actions that were sexually motivated or of a ./Igor_Zharkov_-Sos_Decision__002_.pdf: sexual nature and/or that use or exploit the trust, knowledge or influence derived ./Igor_Zharkov_-Sos_Decision__002_.pdf- from the individual’s professional position; ./Igor_Zharkov_-Sos_Decision__002_.pdf-Even though there were behaviours that would point to a prohibition order being ./Igor_Zharkov_-Sos_Decision__002_.pdf-appropriate, the panel went on to consider whether or not there were sufficient mitigating ./Igor_Zharkov_-Sos_Decision__002_.pdf-factors to militate against a prohibition order being an appropriate and proportionate ./Igor_Zharkov_-Sos_Decision__002_.pdf-measure to impose, particularly taking into account the nature and severity of the ./Igor_Zharkov_-Sos_Decision__002_.pdf-behaviour in this case. ./Igor_Zharkov_-Sos_Decision__002_.pdf- ./Igor_Zharkov_-Sos_Decision__002_.pdf-There was no evidence that the teacher’s actions were not deliberate and in fact the ./Igor_Zharkov_-Sos_Decision__002_.pdf-panel found his actions were sustained and systematic. ./Igor_Zharkov_-Sos_Decision__002_.pdf- -- ./Igor_Zharkov_-Sos_Decision__002_.pdf:giving her gifts and discussing possible future sexual contact with Student A, were ./Igor_Zharkov_-Sos_Decision__002_.pdf-significant factors in forming that opinion. Additionally, the panel found that Mr Zharkov ./Igor_Zharkov_-Sos_Decision__002_.pdf-ignored explicit instructions from the school to act within the bounds of an appropriate ./Igor_Zharkov_-Sos_Decision__002_.pdf-relationship with Student A to be a significant concern. Accordingly, the panel makes a ./Igor_Zharkov_-Sos_Decision__002_.pdf-recommendation to the Secretary of State that a prohibition order should be imposed with ./Igor_Zharkov_-Sos_Decision__002_.pdf-immediate effect. ./Igor_Zharkov_-Sos_Decision__002_.pdf- ./Igor_Zharkov_-Sos_Decision__002_.pdf-The panel went on to consider whether or not it would be appropriate to recommend that ./Igor_Zharkov_-Sos_Decision__002_.pdf-a review period of the order should be considered. The panel was mindful that the Advice ./Igor_Zharkov_-Sos_Decision__002_.pdf-advises that a prohibition order applies for life, but there may be circumstances in any ./Igor_Zharkov_-Sos_Decision__002_.pdf-given case that may make it appropriate to allow a teacher to apply to have the ./Igor_Zharkov_-Sos_Decision__002_.pdf-prohibition order reviewed after a specified period of time that may not be less than 2 ./Igor_Zharkov_-Sos_Decision__002_.pdf-years. ./Igor_Zharkov_-Sos_Decision__002_.pdf- ./Igor_Zharkov_-Sos_Decision__002_.pdf-The Advice indicates that there are behaviours that, if proven, would militate against a ./Igor_Zharkov_-Sos_Decision__002_.pdf:review period being recommended. These behaviours include serious sexual ./Igor_Zharkov_-Sos_Decision__002_.pdf:misconduct, where the act was sexually motivated and resulted in or had the potential to ./Igor_Zharkov_-Sos_Decision__002_.pdf-result in, harm to a person or persons, particularly where the individual has used their ./Igor_Zharkov_-Sos_Decision__002_.pdf-professional position to influence or exploit a person or persons. The panel found that Mr ./Igor_Zharkov_-Sos_Decision__002_.pdf:Zharkov’s behaviour towards Student A was sexually motivated. The panel further found ./Igor_Zharkov_-Sos_Decision__002_.pdf-that Mr Zharkov used his professional position to increase his contact with Student A, ./Igor_Zharkov_-Sos_Decision__002_.pdf-and involved Student B in his actions. The panel therefore found the behaviour of serious ./Igor_Zharkov_-Sos_Decision__002_.pdf:sexual misconduct was present. ./Igor_Zharkov_-Sos_Decision__002_.pdf- ./Igor_Zharkov_-Sos_Decision__002_.pdf-The panel noted that Mr Zharkov had previously been of good character and admitted the ./Igor_Zharkov_-Sos_Decision__002_.pdf-facts in full for the purpose of these proceedings. The panel found that his insight into his ./Igor_Zharkov_-Sos_Decision__002_.pdf-actions was limited however as during the course of the school’s investigation he initially ./Igor_Zharkov_-Sos_Decision__002_.pdf-denied the inappropriate relationship with Student A and then went on to ignore the clear ./Igor_Zharkov_-Sos_Decision__002_.pdf-instructions of the school. Mr Zharkov also provided limited evidence that he understood ./Igor_Zharkov_-Sos_Decision__002_.pdf-the impact of his actions on Student A and Student B. ./Igor_Zharkov_-Sos_Decision__002_.pdf- ./Igor_Zharkov_-Sos_Decision__002_.pdf-The panel felt the findings indicated a situation in which a review period would not be ./Igor_Zharkov_-Sos_Decision__002_.pdf-appropriate and as such decided that it would be proportionate in all the circumstances -- ./Igor_Zharkov_-Sos_Decision__002_.pdf- statutory provisions ./Igor_Zharkov_-Sos_Decision__002_.pdf-  Teachers must have proper and professional regard for the ethos, policies and ./Igor_Zharkov_-Sos_Decision__002_.pdf- practices of the school in which they teach… ./Igor_Zharkov_-Sos_Decision__002_.pdf-  Teachers must have an understanding of, and always act within, the statutory ./Igor_Zharkov_-Sos_Decision__002_.pdf- frameworks which set out their professional duties and responsibilities. ./Igor_Zharkov_-Sos_Decision__002_.pdf-The panel is also “satisfied that the conduct of Mr Zharkov amounts to misconduct of a ./Igor_Zharkov_-Sos_Decision__002_.pdf-serious nature which fell significantly short of the standards expected of the profession.” ./Igor_Zharkov_-Sos_Decision__002_.pdf- ./Igor_Zharkov_-Sos_Decision__002_.pdf-The panel “has also considered whether Mr Zharkov’s conduct displayed behaviours ./Igor_Zharkov_-Sos_Decision__002_.pdf-associated with any of the offences listed on pages 8 and 9 of the Advice and has found ./Igor_Zharkov_-Sos_Decision__002_.pdf:that the offence of sexual activity is relevant.” ./Igor_Zharkov_-Sos_Decision__002_.pdf- ./Igor_Zharkov_-Sos_Decision__002_.pdf-I have to determine whether the imposition of a prohibition order is proportionate and in ./Igor_Zharkov_-Sos_Decision__002_.pdf-the public interest. In considering that for this case I have considered the overall aim of a ./Igor_Zharkov_-Sos_Decision__002_.pdf-prohibition order which is to protect pupils and to maintain public confidence in the ./Igor_Zharkov_-Sos_Decision__002_.pdf-profession. I have considered the extent to which a prohibition order in this case would ./Igor_Zharkov_-Sos_Decision__002_.pdf-achieve that aim taking into account the impact that it will have on the individual teacher. ./Igor_Zharkov_-Sos_Decision__002_.pdf-I have also asked myself whether or not a less intrusive measure, such as the published ./Igor_Zharkov_-Sos_Decision__002_.pdf-finding of unacceptable professional conduct and conduct that may bring the profession ./Igor_Zharkov_-Sos_Decision__002_.pdf-into disrepute, would itself be sufficient to achieve the overall aim. I have to consider ./Igor_Zharkov_-Sos_Decision__002_.pdf-whether the consequences of such a publication are themselves sufficient. I have -- ./Igor_Zharkov_-Sos_Decision__002_.pdf-and Student B.” ./Igor_Zharkov_-Sos_Decision__002_.pdf- ./Igor_Zharkov_-Sos_Decision__002_.pdf-In my judgement the lack of insight means that there is some risk of the repetition of this ./Igor_Zharkov_-Sos_Decision__002_.pdf-behaviour and this risks future pupils’ well-being. I have therefore given this element ./Igor_Zharkov_-Sos_Decision__002_.pdf-considerable weight in reaching my decision. ./Igor_Zharkov_-Sos_Decision__002_.pdf- ./Igor_Zharkov_-Sos_Decision__002_.pdf-I have gone on to consider the extent to which a prohibition order would maintain public ./Igor_Zharkov_-Sos_Decision__002_.pdf-confidence in the profession. The panel observe, “findings of misconduct are serious and ./Igor_Zharkov_-Sos_Decision__002_.pdf-the conduct displayed would likely have a negative impact on the individual’s status as a ./Igor_Zharkov_-Sos_Decision__002_.pdf-teacher, potentially damaging the public perception.” I am particularly mindful of the ./Igor_Zharkov_-Sos_Decision__002_.pdf:finding of sexual misconduct in this case and the impact that such a finding has on the ./Igor_Zharkov_-Sos_Decision__002_.pdf-reputation of the profession. ./Igor_Zharkov_-Sos_Decision__002_.pdf- ./Igor_Zharkov_-Sos_Decision__002_.pdf-I have had to consider that the public has a high expectation of professional standards of ./Igor_Zharkov_-Sos_Decision__002_.pdf-all teachers and that failure to impose a prohibition order might be regarded by the public ./Igor_Zharkov_-Sos_Decision__002_.pdf-as a failure to uphold those high standards. In weighing these considerations I have had ./Igor_Zharkov_-Sos_Decision__002_.pdf-to consider the matter from the point of view of an “ordinary intelligent and well-informed ./Igor_Zharkov_-Sos_Decision__002_.pdf-citizen.” ./Igor_Zharkov_-Sos_Decision__002_.pdf- ./Igor_Zharkov_-Sos_Decision__002_.pdf-I have considered whether the publication of a finding of unacceptable professional ./Igor_Zharkov_-Sos_Decision__002_.pdf-conduct, in the absence of a prohibition order, can itself be regarded by such a person as -- ./Igor_Zharkov_-Sos_Decision__002_.pdf- ./Igor_Zharkov_-Sos_Decision__002_.pdf-For these reasons I have concluded that a prohibition order is proportionate and in the ./Igor_Zharkov_-Sos_Decision__002_.pdf-public interest in order to achieve the aims which a prohibition order is intended to ./Igor_Zharkov_-Sos_Decision__002_.pdf-achieve. ./Igor_Zharkov_-Sos_Decision__002_.pdf- ./Igor_Zharkov_-Sos_Decision__002_.pdf-I have gone on to consider the matter of a review period. In this case the panel has ./Igor_Zharkov_-Sos_Decision__002_.pdf-recommended that there should be no provision for a review period. ./Igor_Zharkov_-Sos_Decision__002_.pdf- ./Igor_Zharkov_-Sos_Decision__002_.pdf-I have considered the panel’s comments that are set out as follows “Mr Zharkov’s ./Igor_Zharkov_-Sos_Decision__002_.pdf-exploitation of his position of trust, particularly in using one to one sessions, giving her ./Igor_Zharkov_-Sos_Decision__002_.pdf:gifts and discussing possible future sexual contact with Student A, were significant ./Igor_Zharkov_-Sos_Decision__002_.pdf-factors in forming that opinion. Additionally, the panel found that Mr Zharkov ignored ./Igor_Zharkov_-Sos_Decision__002_.pdf-explicit instructions from the school to act within the bounds of an appropriate relationship ./Igor_Zharkov_-Sos_Decision__002_.pdf-with Student A to be a significant concern.” ./Igor_Zharkov_-Sos_Decision__002_.pdf- ./Igor_Zharkov_-Sos_Decision__002_.pdf-I have considered whether allowing for no review period reflects the seriousness of the ./Igor_Zharkov_-Sos_Decision__002_.pdf-findings and is a proportionate period to achieve the aim of maintaining public confidence ./Igor_Zharkov_-Sos_Decision__002_.pdf-in the profession. In this case, there are three factors that in my view mean that allowing ./Igor_Zharkov_-Sos_Decision__002_.pdf:for any review period is inappropriate. These elements are the sexual misconduct found, ./Igor_Zharkov_-Sos_Decision__002_.pdf-the lack of sufficient insight or remorse and the exploitation of his position of trust. ./Igor_Zharkov_-Sos_Decision__002_.pdf- ./Igor_Zharkov_-Sos_Decision__002_.pdf-I consider therefore that a prohibition order that allows for no review period is required to ./Igor_Zharkov_-Sos_Decision__002_.pdf-satisfy the maintenance of public confidence in the profession. ./Igor_Zharkov_-Sos_Decision__002_.pdf- ./Igor_Zharkov_-Sos_Decision__002_.pdf-This means that Mr Igor Zharkov is prohibited from teaching indefinitely and ./Igor_Zharkov_-Sos_Decision__002_.pdf-cannot teach in any school, sixth form college, relevant youth accommodation or ./Igor_Zharkov_-Sos_Decision__002_.pdf-children’s home in England. Furthermore, in view of the seriousness of the allegations ./Igor_Zharkov_-Sos_Decision__002_.pdf-found proved against him, I have decided that Mr Igor Zharkov shall not be entitled to ./Igor_Zharkov_-Sos_Decision__002_.pdf-apply for restoration of his eligibility to teach. ./Ivey__S_-_Web_Decision.pdf-Professional conduct panel decision and recommendations, and decision on ./Ivey__S_-_Web_Decision.pdf-behalf of the Secretary of State ./Ivey__S_-_Web_Decision.pdf- ./Ivey__S_-_Web_Decision.pdf-Teacher: Mr Stephen Ivey ./Ivey__S_-_Web_Decision.pdf- ./Ivey__S_-_Web_Decision.pdf-TRA reference: 16865 ./Ivey__S_-_Web_Decision.pdf- ./Ivey__S_-_Web_Decision.pdf-Date of determination: 17 October 2018 ./Ivey__S_-_Web_Decision.pdf- ./Ivey__S_-_Web_Decision.pdf:Former employer: Bromfords School and Sixth Form College, Essex ./Ivey__S_-_Web_Decision.pdf- ./Ivey__S_-_Web_Decision.pdf- ./Ivey__S_-_Web_Decision.pdf-A. Introduction ./Ivey__S_-_Web_Decision.pdf-A professional conduct panel (“the panel”) of the Teaching Regulation Agency (“the ./Ivey__S_-_Web_Decision.pdf-TRA”) convened from 15 to 17 October 2018 at Cheylesmore House, 5 Quinton Road, ./Ivey__S_-_Web_Decision.pdf-Coventry CV1 2WT to consider the case of Mr Stephen Ivey. ./Ivey__S_-_Web_Decision.pdf- ./Ivey__S_-_Web_Decision.pdf-The panel members were Mr Ryan Wilson (teacher panellist – in the chair), Mr Tony ./Ivey__S_-_Web_Decision.pdf-James (former teacher panellist) and Ms Karen McArthur (Lay panellist). ./Ivey__S_-_Web_Decision.pdf- -- ./Ivey__S_-_Web_Decision.pdf-B. Allegations ./Ivey__S_-_Web_Decision.pdf-The panel considered the allegations set out in the Notice of Proceedings dated 7 August ./Ivey__S_-_Web_Decision.pdf-2018. ./Ivey__S_-_Web_Decision.pdf- ./Ivey__S_-_Web_Decision.pdf-It was alleged that Mr Stephen Ivey was guilty of unacceptable professional conduct ./Ivey__S_-_Web_Decision.pdf-and/or conduct that may bring the profession into disrepute, in that, whilst employed as a ./Ivey__S_-_Web_Decision.pdf:teacher at The Bromfords School and Sixth Form College, Essex in the academic year ./Ivey__S_-_Web_Decision.pdf-2016-2017, he: ./Ivey__S_-_Web_Decision.pdf- ./Ivey__S_-_Web_Decision.pdf- 1. Falsified the GCSE Computer Science controlled assessment for one or more ./Ivey__S_-_Web_Decision.pdf- pupils in that he: ./Ivey__S_-_Web_Decision.pdf- ./Ivey__S_-_Web_Decision.pdf- a. Added additional lines of computer programming codes to one or more ./Ivey__S_-_Web_Decision.pdf- pieces of work; ./Ivey__S_-_Web_Decision.pdf- ./Ivey__S_-_Web_Decision.pdf- b. Made one or more additions to the work of one or more pupils without their ./Ivey__S_-_Web_Decision.pdf- knowledge or consent. -- ./Ivey__S_-_Web_Decision.pdf-content that evidence had been presented in support of particulars paragraphs 3 and 4 ./Ivey__S_-_Web_Decision.pdf-which Mr Ivey was required to answer. ./Ivey__S_-_Web_Decision.pdf- ./Ivey__S_-_Web_Decision.pdf-Findings of fact ./Ivey__S_-_Web_Decision.pdf-Our findings of fact are as follows: ./Ivey__S_-_Web_Decision.pdf- ./Ivey__S_-_Web_Decision.pdf-We have found the following particulars of the allegations against you proven, for these ./Ivey__S_-_Web_Decision.pdf-reasons: ./Ivey__S_-_Web_Decision.pdf- ./Ivey__S_-_Web_Decision.pdf-Whilst employed as a teacher at The Bromfords School and Sixth Form College, ./Ivey__S_-_Web_Decision.pdf:Essex in the academic year 2016-2017, you: ./Ivey__S_-_Web_Decision.pdf- ./Ivey__S_-_Web_Decision.pdf- 1. Falsified the GCSE Computer Science controlled assessment for one or ./Ivey__S_-_Web_Decision.pdf- more pupils in that you: ./Ivey__S_-_Web_Decision.pdf- ./Ivey__S_-_Web_Decision.pdf- a. Added additional lines of computer programming codes to one or ./Ivey__S_-_Web_Decision.pdf- more pieces of work; ./Ivey__S_-_Web_Decision.pdf- ./Ivey__S_-_Web_Decision.pdf- b. Made one or more additions to the work of one or more pupils without ./Ivey__S_-_Web_Decision.pdf- their knowledge or consent. ./Ivey__S_-_Web_Decision.pdf- ./Johnson_L_14640_Web_decision.pdf-B. Allegations ./Johnson_L_14640_Web_decision.pdf-The panel considered the allegations set out in the Notice of Proceedings dated 22 ./Johnson_L_14640_Web_decision.pdf-August 2016. ./Johnson_L_14640_Web_decision.pdf- ./Johnson_L_14640_Web_decision.pdf-It is alleged that Ms Lisa Johnson is guilty of unacceptable professional conduct and/or ./Johnson_L_14640_Web_decision.pdf-conduct that may bring the profession into disrepute in that: ./Johnson_L_14640_Web_decision.pdf- ./Johnson_L_14640_Web_decision.pdf- 1. Whilst Headteacher at Holy Family Catholic Primary School (“the School”) she ./Johnson_L_14640_Web_decision.pdf: engaged in a relationship with Mr A who has a conviction for a sexual offence ./Johnson_L_14640_Web_decision.pdf- committed against a child under the age of 13 years old; ./Johnson_L_14640_Web_decision.pdf- ./Johnson_L_14640_Web_decision.pdf- 2. She continued in the relationship with Mr A after having been made aware of the ./Johnson_L_14640_Web_decision.pdf- nature of his conviction on the 14 September 2015; ./Johnson_L_14640_Web_decision.pdf- ./Johnson_L_14640_Web_decision.pdf- 3. She failed to disclose the nature of Mr A’s conviction to the School upon being ./Johnson_L_14640_Web_decision.pdf- made aware of them; ./Johnson_L_14640_Web_decision.pdf- ./Johnson_L_14640_Web_decision.pdf- 4. She continued in her post as Headteacher at the School upon being made aware ./Johnson_L_14640_Web_decision.pdf- of the nature of Mr A’s conviction. -- ./Johnson_L_14640_Web_decision.pdf-The panel announced its decision and reasons as follows: ./Johnson_L_14640_Web_decision.pdf- ./Johnson_L_14640_Web_decision.pdf-The panel has carefully considered the case before it and has reached a decision. ./Johnson_L_14640_Web_decision.pdf- ./Johnson_L_14640_Web_decision.pdf-The panel confirms that it has read all the documents provided in the bundle in advance ./Johnson_L_14640_Web_decision.pdf-of the hearing. ./Johnson_L_14640_Web_decision.pdf- ./Johnson_L_14640_Web_decision.pdf-Ms Lisa Johnson was employed as headteacher at Holy Family Catholic Primary School ./Johnson_L_14640_Web_decision.pdf-(the “School”) since 1 September 2014. In or around June 2015, Ms Johnson engaged in ./Johnson_L_14640_Web_decision.pdf-a relationship with Mr A. On 14 September 2015, Ms Johnson was informed by Mr A that ./Johnson_L_14640_Web_decision.pdf:he had been convicted of a sexual offence against a child under the age of 13 years old. ./Johnson_L_14640_Web_decision.pdf-On 15 September 2015, Ms Johnson was informed of the nature of Mr A’s conviction by ./Johnson_L_14640_Web_decision.pdf-the police. On 16 September 2015, Ms Johnson was also informed of the nature of Mr ./Johnson_L_14640_Web_decision.pdf-A’s conviction by the probation service. Ms Johnson’s account is that she informed ./Johnson_L_14640_Web_decision.pdf-Witness A of the relationship with Mr A on 15 September 2015 in a telephone call. ./Johnson_L_14640_Web_decision.pdf-Witness A does not consider that Ms Johnson did disclose her relationship with Mr A ./Johnson_L_14640_Web_decision.pdf-during that telephone call and instead simply commented that she would receive a ./Johnson_L_14640_Web_decision.pdf-telephone call regarding a relationship that Ms Johnson was in. ./Johnson_L_14640_Web_decision.pdf- ./Johnson_L_14640_Web_decision.pdf-On 30 September 2015, a multi-disciplinary meeting took place and Witness A stated it ./Johnson_L_14640_Web_decision.pdf-was at this meeting that she was first informed of the nature of Mr A’s conviction. -- ./Johnson_L_14640_Web_decision.pdf-Findings of fact ./Johnson_L_14640_Web_decision.pdf-Our findings of fact are as follows: ./Johnson_L_14640_Web_decision.pdf- ./Johnson_L_14640_Web_decision.pdf-The panel has found the following particulars of the allegations proven, for these ./Johnson_L_14640_Web_decision.pdf-reasons: ./Johnson_L_14640_Web_decision.pdf- ./Johnson_L_14640_Web_decision.pdf-It is alleged that you are guilty of unacceptable professional conduct and/or conduct that ./Johnson_L_14640_Web_decision.pdf-may bring the profession into disrepute in that: ./Johnson_L_14640_Web_decision.pdf- ./Johnson_L_14640_Web_decision.pdf- 1. Whilst Headteacher at Holy Family Catholic Primary School (“the School”) ./Johnson_L_14640_Web_decision.pdf: you engaged in a relationship with Mr A who has a conviction for a sexual ./Johnson_L_14640_Web_decision.pdf- offence committed against a child under the age of 13 years old; ./Johnson_L_14640_Web_decision.pdf- ./Johnson_L_14640_Web_decision.pdf-The panel notes Ms Johnson’s admissions of the facts underlying this allegation in the ./Johnson_L_14640_Web_decision.pdf-Notice of Proceedings form signed and dated 23 August 2016 (p.11), the Statement of ./Johnson_L_14640_Web_decision.pdf-Agreed Facts (p.14) and in her statement to the panel dated 25 August 2016 (p.42). ./Johnson_L_14640_Web_decision.pdf-Further, Ms Johnson acknowledges her relationship with Mr A in her letter of 10 May ./Johnson_L_14640_Web_decision.pdf-2016 to the presenting officer’s firm (p.38). ./Johnson_L_14640_Web_decision.pdf- ./Johnson_L_14640_Web_decision.pdf-Turning its independent mind to the admissions, the panel also notes that Ms Johnson’s ./Johnson_L_14640_Web_decision.pdf-admissions are corroborated by the witness statement of Witness A (p.18), and in the ./John_Stephen_Berry_-_Web_decision_-.pdf- ./John_Stephen_Berry_-_Web_decision_-.pdf-B Allegations ./John_Stephen_Berry_-_Web_decision_-.pdf-The Panel considered the allegations set out in the Notice of Proceedings dated ./John_Stephen_Berry_-_Web_decision_-.pdf-19 February 2014. ./John_Stephen_Berry_-_Web_decision_-.pdf- ./John_Stephen_Berry_-_Web_decision_-.pdf-It was alleged that Mr John Stephen Berry was guilty of unacceptable professional ./John_Stephen_Berry_-_Web_decision_-.pdf-conduct and/or conduct that may bring the profession into disrepute in that: ./John_Stephen_Berry_-_Web_decision_-.pdf- ./John_Stephen_Berry_-_Web_decision_-.pdf-Whilst working at Our Lady’s R.C. High School, Manchester, he: ./John_Stephen_Berry_-_Web_decision_-.pdf- ./John_Stephen_Berry_-_Web_decision_-.pdf: 1. engaged in inappropriate communication, including that of a sexual nature ./John_Stephen_Berry_-_Web_decision_-.pdf- with pupils via a social networking website; and ./John_Stephen_Berry_-_Web_decision_-.pdf- ./John_Stephen_Berry_-_Web_decision_-.pdf- 2. Sent invitations to female pupils to connect with you on a social networking ./John_Stephen_Berry_-_Web_decision_-.pdf- website. ./John_Stephen_Berry_-_Web_decision_-.pdf- ./John_Stephen_Berry_-_Web_decision_-.pdf- ./John_Stephen_Berry_-_Web_decision_-.pdf- ./John_Stephen_Berry_-_Web_decision_-.pdf- 3 ./John_Stephen_Berry_-_Web_decision_-.pdf- -- ./John_Stephen_Berry_-_Web_decision_-.pdf-had his own tutor group and delivered lessons to classes when their usual teacher ./John_Stephen_Berry_-_Web_decision_-.pdf-was absent. ./John_Stephen_Berry_-_Web_decision_-.pdf- ./John_Stephen_Berry_-_Web_decision_-.pdf- ./John_Stephen_Berry_-_Web_decision_-.pdf-The Year 11 School prom was held on Thursday 27 June 2013. Mr. Berry attended ./John_Stephen_Berry_-_Web_decision_-.pdf-the prom, as did Pupil A. Later that evening Mr. Berry sent a friend request to Pupil A ./John_Stephen_Berry_-_Web_decision_-.pdf-on the social networking site, Facebook. Pupil A accepted the friend request and Mr. Berry ./John_Stephen_Berry_-_Web_decision_-.pdf-and Pupil A began to exchange private messages over the weekend. During these ./John_Stephen_Berry_-_Web_decision_-.pdf-communications, Mr. Berry stated that Pupil A had looked "hot" and "fit" at the prom and had ./John_Stephen_Berry_-_Web_decision_-.pdf-asked to exchange personal mobile numbers. Mr. Berry also asked Pupil A questions on her ./John_Stephen_Berry_-_Web_decision_-.pdf:sexual preferences in a private message. Pupil A did not initiate these conversations. ./John_Stephen_Berry_-_Web_decision_-.pdf- ./John_Stephen_Berry_-_Web_decision_-.pdf- ./John_Stephen_Berry_-_Web_decision_-.pdf-On 1 July 2013 , the Headteacher received a confidential child welfare concern which gave ./John_Stephen_Berry_-_Web_decision_-.pdf-details of a phone call received from Pupil A. Pupil A had reported that Mr. Berry had ./John_Stephen_Berry_-_Web_decision_-.pdf-contacted her by Facebook following the prom night. She reported that initially his messages ./John_Stephen_Berry_-_Web_decision_-.pdf-referred to the prom night but that the messages had become inappropriate. Pupil A was ./John_Stephen_Berry_-_Web_decision_-.pdf-distressed about this and was advised to tell her mother. Pupil A’s mother subsequently ./John_Stephen_Berry_-_Web_decision_-.pdf-reported that she had found inappropriate messages from Mr. Berry on Pupil A’s phone. ./John_Stephen_Berry_-_Web_decision_-.pdf-Pupil A’s mother attended the School that afternoon to meet with the Assistant Headteacher ./John_Stephen_Berry_-_Web_decision_-.pdf-and Safeguarding and Child Protection Officers. -- ./John_Stephen_Berry_-_Web_decision_-.pdf- ./John_Stephen_Berry_-_Web_decision_-.pdf- ./John_Stephen_Berry_-_Web_decision_-.pdf- ./John_Stephen_Berry_-_Web_decision_-.pdf-Findings of Fact ./John_Stephen_Berry_-_Web_decision_-.pdf-Our findings of fact are as follows: ./John_Stephen_Berry_-_Web_decision_-.pdf- ./John_Stephen_Berry_-_Web_decision_-.pdf-We have found the particulars of the following allegations against Mr. Berry proven, ./John_Stephen_Berry_-_Web_decision_-.pdf-namely: ./John_Stephen_Berry_-_Web_decision_-.pdf-Whilst employed at Our Lady’s R.C. High School, Manchester, he: ./John_Stephen_Berry_-_Web_decision_-.pdf- ./John_Stephen_Berry_-_Web_decision_-.pdf: 1. engaged in inappropriate communication, including that of a sexual nature ./John_Stephen_Berry_-_Web_decision_-.pdf- with pupils via a social networking website; and ./John_Stephen_Berry_-_Web_decision_-.pdf- ./John_Stephen_Berry_-_Web_decision_-.pdf- 2. sent invitations to female pupils to connect with you on a social networking ./John_Stephen_Berry_-_Web_decision_-.pdf- website. ./John_Stephen_Berry_-_Web_decision_-.pdf- ./John_Stephen_Berry_-_Web_decision_-.pdf-We find that facts alleged in allegation 1 proved based on the admissions made by Mr ./John_Stephen_Berry_-_Web_decision_-.pdf-Berry in the Notice of Referral Form dated 23 February 2014 and the Statement of ./John_Stephen_Berry_-_Web_decision_-.pdf-Agreed Facts signed by him and dated 16 April 2014. ./John_Stephen_Berry_-_Web_decision_-.pdf- ./John_Stephen_Berry_-_Web_decision_-.pdf-In relation to allegation 2, we also find the facts proved based on the admissions made -- ./John_Stephen_Berry_-_Web_decision_-.pdf-Facebook screenshots within the case papers demonstrate that Mr Berry attempted to ./John_Stephen_Berry_-_Web_decision_-.pdf-befriend pupils over at least a four week period, between 2 June 2013 to 2 July 2013. ./John_Stephen_Berry_-_Web_decision_-.pdf- ./John_Stephen_Berry_-_Web_decision_-.pdf-Findings as to Unacceptable Professional Conduct and/or ./John_Stephen_Berry_-_Web_decision_-.pdf-Conduct that may bring the profession into disrepute ./John_Stephen_Berry_-_Web_decision_-.pdf-We are satisfied that the conduct of Mr Berry in relation to the facts found proved ./John_Stephen_Berry_-_Web_decision_-.pdf-amounted to unacceptable professional conduct and conduct that may bring the ./John_Stephen_Berry_-_Web_decision_-.pdf-profession into disrepute. ./John_Stephen_Berry_-_Web_decision_-.pdf- ./John_Stephen_Berry_-_Web_decision_-.pdf-The Panel have found that the nature and content of Mr. Berry’s communications with a ./John_Stephen_Berry_-_Web_decision_-.pdf:16 year old female pupil were inappropriate and of a sexual nature. We noted that Pupil ./John_Stephen_Berry_-_Web_decision_-.pdf-A was distressed about the communications she had received from Mr. Berry. He also ./John_Stephen_Berry_-_Web_decision_-.pdf-attempted to contact other female pupils outside the education setting, via social media, ./John_Stephen_Berry_-_Web_decision_-.pdf-when there was a clear school policy, of which he was aware, instructing members of staff ./John_Stephen_Berry_-_Web_decision_-.pdf-to have no contact with pupils on personal social media sites. ./John_Stephen_Berry_-_Web_decision_-.pdf- ./John_Stephen_Berry_-_Web_decision_-.pdf- ./John_Stephen_Berry_-_Web_decision_-.pdf- ./John_Stephen_Berry_-_Web_decision_-.pdf-We are satisfied that this was conduct of a serious nature, falling significantly short of the ./John_Stephen_Berry_-_Web_decision_-.pdf-standard of behaviour expected of a teacher. Mr. Berry abused his position of trust and ./John_Stephen_Berry_-_Web_decision_-.pdf-blurred the boundaries appropriate to a teacher’s professional position. In addition, the -- ./John_Stephen_Berry_-_Web_decision_-.pdf-staff” (at page 92 of the case papers). ./John_Stephen_Berry_-_Web_decision_-.pdf- ./John_Stephen_Berry_-_Web_decision_-.pdf-Mr Berry, in his letter, states that did not intend to forge relationships with pupils outside ./John_Stephen_Berry_-_Web_decision_-.pdf-of the school environment and thereby still seeks to minimise the seriousness of his ./John_Stephen_Berry_-_Web_decision_-.pdf-behaviour. However, the facts of this case demonstrate that in addition to Mr Berry’s ./John_Stephen_Berry_-_Web_decision_-.pdf-conduct towards Pupil A, he attempted to befriend pupils over a four week period ./John_Stephen_Berry_-_Web_decision_-.pdf-between 2 June 2013 to 2 July 2013. We consider Mr Berry’s actions to be deliberate ./John_Stephen_Berry_-_Web_decision_-.pdf-and to demonstrate a pattern of behaviour. Additionally Mr Berry has shown limited ./John_Stephen_Berry_-_Web_decision_-.pdf-awareness of professional boundaries. We are concerned that this indicates a continuing ./John_Stephen_Berry_-_Web_decision_-.pdf-lack of insight on his part, which presents an on-going risk. We were also concerned that ./John_Stephen_Berry_-_Web_decision_-.pdf:in relation to Pupil A, Mr Berry’s communications included content of a sexually explicit ./John_Stephen_Berry_-_Web_decision_-.pdf-nature. ./John_Stephen_Berry_-_Web_decision_-.pdf- ./John_Stephen_Berry_-_Web_decision_-.pdf-The Panel takes the view that safeguarding and child protection are of paramount ./John_Stephen_Berry_-_Web_decision_-.pdf-importance and they are a core feature of a teacher’s professional duties. There is a ./John_Stephen_Berry_-_Web_decision_-.pdf-public expectation that a teacher promotes the well-being of their pupils by maintaining ./John_Stephen_Berry_-_Web_decision_-.pdf-appropriate professional boundaries at all times, within and outside school. We have ./John_Stephen_Berry_-_Web_decision_-.pdf-concluded that it is necessary to recommend a Prohibition Order in this case in order to ./John_Stephen_Berry_-_Web_decision_-.pdf-protect pupils and maintain public confidence in the profession. We consider this to be a ./John_Stephen_Berry_-_Web_decision_-.pdf-proportionate sanction. ./John_Stephen_Berry_-_Web_decision_-.pdf- -- ./John_Stephen_Berry_-_Web_decision_-.pdf- ./John_Stephen_Berry_-_Web_decision_-.pdf-Decision and reasons on behalf of the Secretary of ./John_Stephen_Berry_-_Web_decision_-.pdf-State ./John_Stephen_Berry_-_Web_decision_-.pdf-I have given careful consideration to the findings and recommendations of the panel in ./John_Stephen_Berry_-_Web_decision_-.pdf-this case. ./John_Stephen_Berry_-_Web_decision_-.pdf- ./John_Stephen_Berry_-_Web_decision_-.pdf-The panel have found the facts proved in respect of both allegations and have judged ./John_Stephen_Berry_-_Web_decision_-.pdf-that those facts amount to unacceptable professional conduct and conduct that may bring ./John_Stephen_Berry_-_Web_decision_-.pdf-the profession into disrepute. ./John_Stephen_Berry_-_Web_decision_-.pdf- ./John_Stephen_Berry_-_Web_decision_-.pdf:Mr Berry entered into inappropriate communications of a sexual nature with a 16 year old ./John_Stephen_Berry_-_Web_decision_-.pdf-female pupil. He also attempted to contact other female pupils outside the education ./John_Stephen_Berry_-_Web_decision_-.pdf-setting through social media, in direct contravention of school policy. ./John_Stephen_Berry_-_Web_decision_-.pdf- ./John_Stephen_Berry_-_Web_decision_-.pdf-Mr Berry has abused his position of trust and blurred the boundaries appropriate to a ./John_Stephen_Berry_-_Web_decision_-.pdf-teacher’s professional position. ./John_Stephen_Berry_-_Web_decision_-.pdf- ./John_Stephen_Berry_-_Web_decision_-.pdf-Whilst Mr Berry admitted the allegations he sought to minimise the seriousness of his ./John_Stephen_Berry_-_Web_decision_-.pdf-behaviour. The panel consider his actions to be deliberate and demonstrating a pattern of ./John_Stephen_Berry_-_Web_decision_-.pdf-behaviour. He has shown limited awareness of professional boundaries and a lack of ./John_Stephen_Berry_-_Web_decision_-.pdf-insight into his behaviour. The panel have concluded that it is necessary, in order to ./Jones_Nathan__SoS_decision__15300_final.pdf- ./Jones_Nathan__SoS_decision__15300_final.pdf-1. On or around 5th February 2014 he engaged in a Skype conversation with Child A ./Jones_Nathan__SoS_decision__15300_final.pdf- where he: ./Jones_Nathan__SoS_decision__15300_final.pdf- ./Jones_Nathan__SoS_decision__15300_final.pdf- a. Requested that she send an image of herself to him; ./Jones_Nathan__SoS_decision__15300_final.pdf- ./Jones_Nathan__SoS_decision__15300_final.pdf- b. Received an image from her of herself in a towel; ./Jones_Nathan__SoS_decision__15300_final.pdf- ./Jones_Nathan__SoS_decision__15300_final.pdf- c. Asked her if she could send him a more explicit image of herself; ./Jones_Nathan__SoS_decision__15300_final.pdf- ./Jones_Nathan__SoS_decision__15300_final.pdf: d. Asked her if she had a webcam with a view to engaging in sexual activity ./Jones_Nathan__SoS_decision__15300_final.pdf- with her on camera. ./Jones_Nathan__SoS_decision__15300_final.pdf- ./Jones_Nathan__SoS_decision__15300_final.pdf:2. His conduct at allegation 1 was sexually motivated. ./Jones_Nathan__SoS_decision__15300_final.pdf- ./Jones_Nathan__SoS_decision__15300_final.pdf-Mr Jones has admitted the facts of allegations 1 and 2 and the panel had regard to the ./Jones_Nathan__SoS_decision__15300_final.pdf-Statement of Agreed and Disputed Facts. ./Jones_Nathan__SoS_decision__15300_final.pdf- ./Jones_Nathan__SoS_decision__15300_final.pdf-Mr Jones has also admitted that his conduct in relation to allegations 1 and 2 amounted ./Jones_Nathan__SoS_decision__15300_final.pdf-to unacceptable professional conduct and conduct that may bring the profession into ./Jones_Nathan__SoS_decision__15300_final.pdf-disrepute. ./Jones_Nathan__SoS_decision__15300_final.pdf- ./Jones_Nathan__SoS_decision__15300_final.pdf- ./Jones_Nathan__SoS_decision__15300_final.pdf-C. Preliminary applications -- ./Jones_Nathan__SoS_decision__15300_final.pdf- ./Jones_Nathan__SoS_decision__15300_final.pdf-The panel confirms that it has read all the documents provided in the bundle in advance ./Jones_Nathan__SoS_decision__15300_final.pdf-of the hearing. ./Jones_Nathan__SoS_decision__15300_final.pdf- ./Jones_Nathan__SoS_decision__15300_final.pdf-Mr Jones commenced employment at the School in September 2008. Throughout the ./Jones_Nathan__SoS_decision__15300_final.pdf-relevant time for the purposes of these proceedings, he was employed at the School as ./Jones_Nathan__SoS_decision__15300_final.pdf-the Lead Teacher of Music. ./Jones_Nathan__SoS_decision__15300_final.pdf- ./Jones_Nathan__SoS_decision__15300_final.pdf-On 19 March 2015, Mr Jones was arrested on suspicion of having committed an offence ./Jones_Nathan__SoS_decision__15300_final.pdf-of attempting to cause/incite a child aged 13 to 17 years old to become involved in ./Jones_Nathan__SoS_decision__15300_final.pdf:pornography. ./Jones_Nathan__SoS_decision__15300_final.pdf- ./Jones_Nathan__SoS_decision__15300_final.pdf-Mr Jones was interviewed by the police under caution and subsequently bailed until 17 ./Jones_Nathan__SoS_decision__15300_final.pdf-September 2015. He was immediately suspended by the School and a safeguarding ./Jones_Nathan__SoS_decision__15300_final.pdf-referral was made to the local authority which held a strategy meeting on 25 March 2015. ./Jones_Nathan__SoS_decision__15300_final.pdf- ./Jones_Nathan__SoS_decision__15300_final.pdf-The police subsequently conducted an investigation, at the conclusion of which Mr Jones ./Jones_Nathan__SoS_decision__15300_final.pdf-was notified that no further action would be taken on the basis that there was insufficient ./Jones_Nathan__SoS_decision__15300_final.pdf-evidence for a prosecution. ./Jones_Nathan__SoS_decision__15300_final.pdf- ./Jones_Nathan__SoS_decision__15300_final.pdf-The School subsequently commenced a disciplinary investigation. During the course of -- ./Jones_Nathan__SoS_decision__15300_final.pdf-proceeded to ask Child A to send a more explicit image of herself. ./Jones_Nathan__SoS_decision__15300_final.pdf- ./Jones_Nathan__SoS_decision__15300_final.pdf-The transcript of Mr Jones' police interview records that having received the image he ./Jones_Nathan__SoS_decision__15300_final.pdf-replied to Child A stating, "Do they get any hotter. Have you got cam?". When asked ./Jones_Nathan__SoS_decision__15300_final.pdf-what he meant by this Mr Jones responded, "well I guess I mean 'are there any more ./Jones_Nathan__SoS_decision__15300_final.pdf-revealing …?'" ./Jones_Nathan__SoS_decision__15300_final.pdf- ./Jones_Nathan__SoS_decision__15300_final.pdf-Accordingly, in light of Mr Jones' admission and having considered all of the evidence, ./Jones_Nathan__SoS_decision__15300_final.pdf-the panel finds allegation 1.c. proven. ./Jones_Nathan__SoS_decision__15300_final.pdf- ./Jones_Nathan__SoS_decision__15300_final.pdf: d. Asked her if she had a webcam with a view to engaging in sexual ./Jones_Nathan__SoS_decision__15300_final.pdf- activity with her on camera. ./Jones_Nathan__SoS_decision__15300_final.pdf- ./Jones_Nathan__SoS_decision__15300_final.pdf-This allegation was admitted by Mr Jones. ./Jones_Nathan__SoS_decision__15300_final.pdf- ./Jones_Nathan__SoS_decision__15300_final.pdf-During the course of his police interview Mr Jones confirmed that he used 'webcams' for ./Jones_Nathan__SoS_decision__15300_final.pdf:the purposes of sexual activity. Pursuant to the Statement of Agreed and Disputed Facts ./Jones_Nathan__SoS_decision__15300_final.pdf- ./Jones_Nathan__SoS_decision__15300_final.pdf- ./Jones_Nathan__SoS_decision__15300_final.pdf- 8 ./Jones_Nathan__SoS_decision__15300_final.pdf- -- ./Jones_Nathan__SoS_decision__15300_final.pdf-Mr Jones accepted that during the Skype conversation he asked Child A whether she ./Jones_Nathan__SoS_decision__15300_final.pdf:had a camera so that he could engage in sexual activity with her on camera. ./Jones_Nathan__SoS_decision__15300_final.pdf- ./Jones_Nathan__SoS_decision__15300_final.pdf-Accordingly, in light of the admission made and the evidence, the panel finds allegation ./Jones_Nathan__SoS_decision__15300_final.pdf-1.d. proven. ./Jones_Nathan__SoS_decision__15300_final.pdf- ./Jones_Nathan__SoS_decision__15300_final.pdf:2. Your conduct at allegation 1 was sexually motivated. ./Jones_Nathan__SoS_decision__15300_final.pdf- ./Jones_Nathan__SoS_decision__15300_final.pdf-This allegation has been admitted by Mr Jones. ./Jones_Nathan__SoS_decision__15300_final.pdf- ./Jones_Nathan__SoS_decision__15300_final.pdf-Mr Jones provided an account of this incident during the course of his police interview, ./Jones_Nathan__SoS_decision__15300_final.pdf-which the panel carefully considered. ./Jones_Nathan__SoS_decision__15300_final.pdf- ./Jones_Nathan__SoS_decision__15300_final.pdf-In both his response to the Notice of Referral and in the Statement of Agreed and ./Jones_Nathan__SoS_decision__15300_final.pdf:Disputed Facts Mr Jones admitted that his conduct at Allegation 1 was sexually ./Jones_Nathan__SoS_decision__15300_final.pdf-motivated. ./Jones_Nathan__SoS_decision__15300_final.pdf- ./Jones_Nathan__SoS_decision__15300_final.pdf-The Panel accordingly had direct evidence as to his motives. ./Jones_Nathan__SoS_decision__15300_final.pdf- ./Jones_Nathan__SoS_decision__15300_final.pdf-In light of Mr Jones' admission and having carefully weighed all of the evidence, the ./Jones_Nathan__SoS_decision__15300_final.pdf:panel accordingly decided that Mr Jones' conduct was sexually motivated. ./Jones_Nathan__SoS_decision__15300_final.pdf- ./Jones_Nathan__SoS_decision__15300_final.pdf-The panel considered that the appropriate inference to be drawn in all the circumstances ./Jones_Nathan__SoS_decision__15300_final.pdf:was that Mr Jones' actions were for some form of sexual gratification. ./Jones_Nathan__SoS_decision__15300_final.pdf- ./Jones_Nathan__SoS_decision__15300_final.pdf:The panel noted in particular Mr Jones' acceptance that he had sexual activity on ./Jones_Nathan__SoS_decision__15300_final.pdf-webcams and his messages to Child A, recorded in the police transcript, stating "Hot pic ./Jones_Nathan__SoS_decision__15300_final.pdf-with the towel" and "do they get any hotter ...?" Whilst the messages were not before the ./Jones_Nathan__SoS_decision__15300_final.pdf-panel, this evidence was not challenged by Mr Jones during the interview or ./Jones_Nathan__SoS_decision__15300_final.pdf-subsequently. ./Jones_Nathan__SoS_decision__15300_final.pdf- ./Jones_Nathan__SoS_decision__15300_final.pdf-Accordingly, in light of the admission made and having considered all of the evidence, ./Jones_Nathan__SoS_decision__15300_final.pdf-the panel finds allegation 2 proven. ./Jones_Nathan__SoS_decision__15300_final.pdf- ./Jones_Nathan__SoS_decision__15300_final.pdf-Findings as to unacceptable professional conduct and/or conduct that ./Jones_Nathan__SoS_decision__15300_final.pdf-may bring the profession into disrepute -- ./Jones_Nathan__SoS_decision__15300_final.pdf-  Teachers must have an understanding of, and always act within, the statutory ./Jones_Nathan__SoS_decision__15300_final.pdf- frameworks which set out their professional duties and responsibilities. ./Jones_Nathan__SoS_decision__15300_final.pdf-The panel is satisfied that the conduct of Mr Jones fell significantly short of the standards ./Jones_Nathan__SoS_decision__15300_final.pdf-expected of the profession. ./Jones_Nathan__SoS_decision__15300_final.pdf- ./Jones_Nathan__SoS_decision__15300_final.pdf-The panel has also considered whether Mr Jones' conduct displayed behaviours ./Jones_Nathan__SoS_decision__15300_final.pdf-associated with any of the offences listed on pages 8 and 9 of the Advice. ./Jones_Nathan__SoS_decision__15300_final.pdf- ./Jones_Nathan__SoS_decision__15300_final.pdf-The panel has found that the following offences are relevant: ./Jones_Nathan__SoS_decision__15300_final.pdf- ./Jones_Nathan__SoS_decision__15300_final.pdf:  sexual activity; and ./Jones_Nathan__SoS_decision__15300_final.pdf- ./Jones_Nathan__SoS_decision__15300_final.pdf-  any activity involving viewing, taking, making, possessing, distributing or ./Jones_Nathan__SoS_decision__15300_final.pdf- publishing any indecent photograph or image or pseudo photograph or image of a ./Jones_Nathan__SoS_decision__15300_final.pdf- child, or permitting any such activity, including one off incidents. ./Jones_Nathan__SoS_decision__15300_final.pdf- ./Jones_Nathan__SoS_decision__15300_final.pdf-The Advice indicates that where behaviours associated with such offences exist, a panel ./Jones_Nathan__SoS_decision__15300_final.pdf-is likely to conclude that an individual’s conduct would amount to unacceptable ./Jones_Nathan__SoS_decision__15300_final.pdf-professional conduct. ./Jones_Nathan__SoS_decision__15300_final.pdf- ./Jones_Nathan__SoS_decision__15300_final.pdf-The panel noted that the allegations took place outside of the education setting. However -- ./Jones_Nathan__SoS_decision__15300_final.pdf-The panel has considered the particular public interest considerations set out in the ./Jones_Nathan__SoS_decision__15300_final.pdf-Advice and having done so has found a number of them to be relevant in this case, ./Jones_Nathan__SoS_decision__15300_final.pdf-namely: ./Jones_Nathan__SoS_decision__15300_final.pdf- ./Jones_Nathan__SoS_decision__15300_final.pdf-  the protection of pupils and of other members of the public; ./Jones_Nathan__SoS_decision__15300_final.pdf- ./Jones_Nathan__SoS_decision__15300_final.pdf-  the maintenance of public confidence in the profession; and ./Jones_Nathan__SoS_decision__15300_final.pdf- ./Jones_Nathan__SoS_decision__15300_final.pdf-  declaring and upholding proper standards of conduct. ./Jones_Nathan__SoS_decision__15300_final.pdf- ./Jones_Nathan__SoS_decision__15300_final.pdf:Mr Jones' conduct involved sexually motivated behaviour with a child aged 13. In light of ./Jones_Nathan__SoS_decision__15300_final.pdf-the panel's findings, there is a strong public interest consideration in reinforcing the ./Jones_Nathan__SoS_decision__15300_final.pdf-standards of behaviour expected of a teacher. ./Jones_Nathan__SoS_decision__15300_final.pdf- ./Jones_Nathan__SoS_decision__15300_final.pdf-There is a strong public interest consideration in respect of the protection of pupils given ./Jones_Nathan__SoS_decision__15300_final.pdf-the serious findings of inappropriate behaviour with a child. ./Jones_Nathan__SoS_decision__15300_final.pdf- ./Jones_Nathan__SoS_decision__15300_final.pdf-Similarly, the panel considers that public confidence in the profession could be seriously ./Jones_Nathan__SoS_decision__15300_final.pdf-weakened if conduct such as that found against Mr Jones were not treated with the ./Jones_Nathan__SoS_decision__15300_final.pdf-utmost seriousness when regulating the conduct of the profession. ./Jones_Nathan__SoS_decision__15300_final.pdf- -- ./Jones_Nathan__SoS_decision__15300_final.pdf-order may be appropriate if certain behaviours of a teacher have been proven. In the list ./Jones_Nathan__SoS_decision__15300_final.pdf-of such behaviours, those that are relevant in this case are: ./Jones_Nathan__SoS_decision__15300_final.pdf- ./Jones_Nathan__SoS_decision__15300_final.pdf-  serious departure from the personal and professional conduct elements of the ./Jones_Nathan__SoS_decision__15300_final.pdf- Teachers’ Standards; ./Jones_Nathan__SoS_decision__15300_final.pdf-  misconduct seriously affecting the education and/or well-being of pupils, and ./Jones_Nathan__SoS_decision__15300_final.pdf- particularly where there is a continuing risk; ./Jones_Nathan__SoS_decision__15300_final.pdf-  a deep-seated attitude that leads to harmful behaviour; ./Jones_Nathan__SoS_decision__15300_final.pdf-  abuse of position or trust (particularly involving vulnerable pupils) or violation of the ./Jones_Nathan__SoS_decision__15300_final.pdf- rights of pupils; ./Jones_Nathan__SoS_decision__15300_final.pdf:  sexual misconduct; and ./Jones_Nathan__SoS_decision__15300_final.pdf-  any activity involving viewing, taking, making, possessing, distributing or ./Jones_Nathan__SoS_decision__15300_final.pdf- publishing any indecent photograph or image or pseudo photograph or image of a ./Jones_Nathan__SoS_decision__15300_final.pdf- child, or permitting such activity, including one-off incidents. ./Jones_Nathan__SoS_decision__15300_final.pdf-Even though there were behaviours that would point to a prohibition order being ./Jones_Nathan__SoS_decision__15300_final.pdf-appropriate, the panel went on to consider whether or not there were sufficient mitigating ./Jones_Nathan__SoS_decision__15300_final.pdf-factors to militate against a prohibition order being an appropriate and proportionate ./Jones_Nathan__SoS_decision__15300_final.pdf-measure to impose, particularly taking into account the nature and severity of the ./Jones_Nathan__SoS_decision__15300_final.pdf-behaviour in this case. ./Jones_Nathan__SoS_decision__15300_final.pdf- ./Jones_Nathan__SoS_decision__15300_final.pdf-In light of the panel’s findings, it considered that mitigating circumstances were that: -- ./Jones_Nathan__SoS_decision__15300_final.pdf-  Mr Jones' actions were deliberate; ./Jones_Nathan__SoS_decision__15300_final.pdf- ./Jones_Nathan__SoS_decision__15300_final.pdf-  there was no evidence to suggest that Mr Jones was acting under duress, and in ./Jones_Nathan__SoS_decision__15300_final.pdf: fact the panel found his actions to be calculated and sexually motivated. ./Jones_Nathan__SoS_decision__15300_final.pdf- ./Jones_Nathan__SoS_decision__15300_final.pdf-  there is a clear and serious breach of the Teachers' Standards. ./Jones_Nathan__SoS_decision__15300_final.pdf- ./Jones_Nathan__SoS_decision__15300_final.pdf-  there is some evidence of a wider pattern of similar, inappropriate behaviour, ./Jones_Nathan__SoS_decision__15300_final.pdf- including Mr Jones' use of teen chatrooms whilst purporting to be 21 years of age, ./Jones_Nathan__SoS_decision__15300_final.pdf- albeit this did not form part of the factual allegations in this case. ./Jones_Nathan__SoS_decision__15300_final.pdf- ./Jones_Nathan__SoS_decision__15300_final.pdf-The panel did have regard to the letter submitted by Mr Jones which set out some ./Jones_Nathan__SoS_decision__15300_final.pdf-mitigating factors. For example, this letter indicated that he had attended counselling ./Jones_Nathan__SoS_decision__15300_final.pdf-sessions and support sessions with the Lucy Faithfull Foundation. However, no -- ./Jones_Nathan__SoS_decision__15300_final.pdf- ./Jones_Nathan__SoS_decision__15300_final.pdf-The panel went on to consider whether or not it would be appropriate to decide to ./Jones_Nathan__SoS_decision__15300_final.pdf-recommend that a review period of the order should be considered. ./Jones_Nathan__SoS_decision__15300_final.pdf- ./Jones_Nathan__SoS_decision__15300_final.pdf-The panel were mindful that the Advice advises that a prohibition order applies for life, ./Jones_Nathan__SoS_decision__15300_final.pdf-but there may be circumstances in any given case that may make it appropriate to allow ./Jones_Nathan__SoS_decision__15300_final.pdf-a teacher to apply to have the prohibition order reviewed after a specified period of time ./Jones_Nathan__SoS_decision__15300_final.pdf-that may not be less than 2 years. ./Jones_Nathan__SoS_decision__15300_final.pdf- ./Jones_Nathan__SoS_decision__15300_final.pdf-The Advice indicates that there are behaviours that, if proven, would militate against a ./Jones_Nathan__SoS_decision__15300_final.pdf:review period being recommended. These behaviours include serious sexual ./Jones_Nathan__SoS_decision__15300_final.pdf:misconduct, for example where the act was sexually motivated and resulted in or had the ./Jones_Nathan__SoS_decision__15300_final.pdf-potential to result in, harm to a person or persons, and any activity involving viewing, ./Jones_Nathan__SoS_decision__15300_final.pdf-taking, making, possessing, distributing or publishing any indecent photograph or image ./Jones_Nathan__SoS_decision__15300_final.pdf-or pseudo photograph or image of a child. In light of the panel's findings it considered that ./Jones_Nathan__SoS_decision__15300_final.pdf-these behaviours were present in this case. ./Jones_Nathan__SoS_decision__15300_final.pdf- ./Jones_Nathan__SoS_decision__15300_final.pdf- ./Jones_Nathan__SoS_decision__15300_final.pdf- ./Jones_Nathan__SoS_decision__15300_final.pdf- 13 ./Jones_Nathan__SoS_decision__15300_final.pdf- -- ./Jones_Nathan__SoS_decision__15300_final.pdf-  Teachers must have an understanding of, and always act within, the statutory ./Jones_Nathan__SoS_decision__15300_final.pdf- frameworks which set out their professional duties and responsibilities. ./Jones_Nathan__SoS_decision__15300_final.pdf-The panel is satisfied that the conduct of Mr Jones fell significantly short of the standards ./Jones_Nathan__SoS_decision__15300_final.pdf-expected of the profession. ./Jones_Nathan__SoS_decision__15300_final.pdf- ./Jones_Nathan__SoS_decision__15300_final.pdf-The panel has also considered whether Mr Jones' conduct displayed behaviours ./Jones_Nathan__SoS_decision__15300_final.pdf-associated with any of the offences listed on pages 8 and 9 of the Advice. ./Jones_Nathan__SoS_decision__15300_final.pdf- ./Jones_Nathan__SoS_decision__15300_final.pdf-The panel has found that the following offences are relevant: ./Jones_Nathan__SoS_decision__15300_final.pdf- ./Jones_Nathan__SoS_decision__15300_final.pdf:  sexual activity; and ./Jones_Nathan__SoS_decision__15300_final.pdf- ./Jones_Nathan__SoS_decision__15300_final.pdf- ./Jones_Nathan__SoS_decision__15300_final.pdf- ./Jones_Nathan__SoS_decision__15300_final.pdf- ./Jones_Nathan__SoS_decision__15300_final.pdf- 14 ./Jones_Nathan__SoS_decision__15300_final.pdf- -- ./Jones_Nathan__SoS_decision__15300_final.pdf-profession. I have considered the extent to which a prohibition order in this case would ./Jones_Nathan__SoS_decision__15300_final.pdf-achieve that aim taking into account the impact that it will have on the individual teacher. ./Jones_Nathan__SoS_decision__15300_final.pdf-I have also asked myself whether or not a less intrusive measure, such as the published ./Jones_Nathan__SoS_decision__15300_final.pdf-finding of unacceptable professional conduct and conduct that may bring the profession ./Jones_Nathan__SoS_decision__15300_final.pdf-into disrepute, would itself be sufficient to achieve the overall aim. I have to consider ./Jones_Nathan__SoS_decision__15300_final.pdf-whether the consequences of such a publication are themselves sufficient. I have ./Jones_Nathan__SoS_decision__15300_final.pdf-considered therefore whether or not prohibiting Mr Jones, and the impact that will have ./Jones_Nathan__SoS_decision__15300_final.pdf-on him, is proportionate. ./Jones_Nathan__SoS_decision__15300_final.pdf- ./Jones_Nathan__SoS_decision__15300_final.pdf-In this case, I have considered the extent to which a prohibition order would protect ./Jones_Nathan__SoS_decision__15300_final.pdf:children. The panel has observed that Mr Jones’ “conduct involved sexually motivated ./Jones_Nathan__SoS_decision__15300_final.pdf-behaviour with a child aged 13.” A prohibition order would therefore prevent such a risk ./Jones_Nathan__SoS_decision__15300_final.pdf-from being present in the future. ./Jones_Nathan__SoS_decision__15300_final.pdf- ./Jones_Nathan__SoS_decision__15300_final.pdf-I have also taken into account the panel’s comments on insight and remorse which the ./Jones_Nathan__SoS_decision__15300_final.pdf-panel sets out as follows, “the panel did not consider that Mr Jones had demonstrated ./Jones_Nathan__SoS_decision__15300_final.pdf-that he had remediated his behaviour.” The panel also commented that “whilst he ./Jones_Nathan__SoS_decision__15300_final.pdf-addresses the impact of this incident on him and his family, Mr Jones has failed to ./Jones_Nathan__SoS_decision__15300_final.pdf-address the impact of his behaviour on Child A, the School and his profession.” ./Jones_Nathan__SoS_decision__15300_final.pdf- ./Jones_Nathan__SoS_decision__15300_final.pdf-I have therefore given this element considerable weight in reaching my decision. -- ./Jones_Nathan__SoS_decision__15300_final.pdf-I have considered whether the publication of a finding of unacceptable professional ./Jones_Nathan__SoS_decision__15300_final.pdf-conduct, in the absence of a prohibition order, can itself be regarded by such a person as ./Jones_Nathan__SoS_decision__15300_final.pdf-being a proportionate response to the misconduct that has been found proven in this ./Jones_Nathan__SoS_decision__15300_final.pdf-case. ./Jones_Nathan__SoS_decision__15300_final.pdf- ./Jones_Nathan__SoS_decision__15300_final.pdf-I have also considered the impact of a prohibition order on Mr Jones himself. ./Jones_Nathan__SoS_decision__15300_final.pdf- ./Jones_Nathan__SoS_decision__15300_final.pdf-In this case, I have placed considerable weight on the seriousness of the behaviours ./Jones_Nathan__SoS_decision__15300_final.pdf-shown. The panel has found that Mr Jones' actions were deliberate, that there was no ./Jones_Nathan__SoS_decision__15300_final.pdf-evidence to suggest that Mr Jones was acting under duress, and in fact, the panel found ./Jones_Nathan__SoS_decision__15300_final.pdf:his actions to be calculated and sexually motivated. ./Jones_Nathan__SoS_decision__15300_final.pdf- ./Jones_Nathan__SoS_decision__15300_final.pdf-There is also a clear and serious breach of the Teachers' Standards. ./Jones_Nathan__SoS_decision__15300_final.pdf- ./Jones_Nathan__SoS_decision__15300_final.pdf-In my view, it is necessary to impose a prohibition order in order to maintain public ./Jones_Nathan__SoS_decision__15300_final.pdf:confidence in the profession. Mr Jones’ behaviours include serious sexual misconduct, ./Jones_Nathan__SoS_decision__15300_final.pdf:for example where the act was sexually motivated and resulted in, or had the potential to ./Jones_Nathan__SoS_decision__15300_final.pdf-result in, harm to a person or persons; and any activity involving viewing, taking, making, ./Jones_Nathan__SoS_decision__15300_final.pdf-possessing, distributing or publishing any indecent photograph or image or pseudo ./Jones_Nathan__SoS_decision__15300_final.pdf-photograph or image of a child. ./Jones_Nathan__SoS_decision__15300_final.pdf- ./Jones_Nathan__SoS_decision__15300_final.pdf-In light of the panel's findings, I consider that these behaviours were present in this case. ./Jones_Nathan__SoS_decision__15300_final.pdf- ./Jones_Nathan__SoS_decision__15300_final.pdf-For these reasons, I have concluded that a prohibition order is proportionate and in the ./Jones_Nathan__SoS_decision__15300_final.pdf-public interest in order to achieve the aims which a prohibition order is intended to ./Jones_Nathan__SoS_decision__15300_final.pdf-achieve. ./Jones_Nathan__SoS_decision__15300_final.pdf- ./Jones_Web_Decision.pdf- ./Jones_Web_Decision.pdf- e. She failed to submit a report to social services in Easter 2016, following ./Jones_Web_Decision.pdf- concerns raised by SENCO; ./Jones_Web_Decision.pdf- ./Jones_Web_Decision.pdf- f. In February 2016, she allowed her partner to be the only male adult on an ./Jones_Web_Decision.pdf- Academy trip and accompany boys to the toilet with no evidence that an ./Jones_Web_Decision.pdf- appropriate DBS check was in place. ./Jones_Web_Decision.pdf- ./Jones_Web_Decision.pdf-4. Used her school iPhone inappropriately in that she: ./Jones_Web_Decision.pdf- ./Jones_Web_Decision.pdf: a. Recorded and/or stored pornographic images; ./Jones_Web_Decision.pdf- ./Jones_Web_Decision.pdf- b. Communicated inappropriately with staff and/or governors and/or the wider ./Jones_Web_Decision.pdf- Academy community via electronic messages. ./Jones_Web_Decision.pdf- ./Jones_Web_Decision.pdf-5. Posted inappropriate materials on Facebook which were accessible to the wider ./Jones_Web_Decision.pdf- Academy community. ./Jones_Web_Decision.pdf- ./Jones_Web_Decision.pdf-6. Recruited staff without following policy procedures for safer recruitment. ./Jones_Web_Decision.pdf- ./Jones_Web_Decision.pdf-7. Failed to comply with conditions of her suspension from duty by contacting staff -- ./Jones_Web_Decision.pdf-Ms Catherine Jones was appointed as headteacher of the Academy with effect from 1 ./Jones_Web_Decision.pdf-September 2012. The Academy was sponsored by Oldham College Community Trust ./Jones_Web_Decision.pdf-("the College"). On 22 March 2016, the College was notified of concerns about Ms Jones ./Jones_Web_Decision.pdf-by two members of staff at the Academy. Ms Jones was suspended from duty on 31 ./Jones_Web_Decision.pdf-March 2016 and Witness A was appointed to act as Investigating Officer. Witness A held ./Jones_Web_Decision.pdf-interviews with a number of members of staff. Following these interviews, Witness A ./Jones_Web_Decision.pdf-prepared a list of allegations. The allegations related to: the misuse of Academy funds; ./Jones_Web_Decision.pdf-failure to ensure proper administration and presentation of data for SATs and attainment; ./Jones_Web_Decision.pdf-failure to ensure appropriate safeguarding procedures; unprofessional conduct involving ./Jones_Web_Decision.pdf-posting inappropriate material on Facebook; misuse of academy equipment, including ./Jones_Web_Decision.pdf:storing pornographic imagery on her work mobile phone. In addition, it was alleged that ./Jones_Web_Decision.pdf-Ms Jones had failed to comply with the conditions of her suspension. ./Jones_Web_Decision.pdf- ./Jones_Web_Decision.pdf-On 21 April 2016 a letter was delivered to Ms Jones inviting her to attend an investigation ./Jones_Web_Decision.pdf-meeting on 28 April 2016 and/or provide a written response to the allegations. Ms Jones ./Jones_Web_Decision.pdf-did not attend the investigation meeting, nor did she did provide any written response to ./Jones_Web_Decision.pdf-the allegations. The allegations were referred for a disciplinary hearing, which Ms Jones ./Jones_Web_Decision.pdf-did not attend. ./Jones_Web_Decision.pdf- ./Jones_Web_Decision.pdf-The panel has heard oral evidence from five witnesses. Despite the absence of Ms ./Jones_Web_Decision.pdf-Jones, the panel was able to test the evidence of those witnesses through its -- ./Jones_Web_Decision.pdf-the group of pupils to the Manchester United match that she attended. She said that Ms ./Jones_Web_Decision.pdf-Jones' partner accompanied the male pupils to the toilet and Ms Jones did not seem ./Jones_Web_Decision.pdf-concerned about this. There is no evidence that Ms Jones's partner had a Disclosure and ./Jones_Web_Decision.pdf-Barring Service (DBS) check. However, no evidence has been presented that he was ./Jones_Web_Decision.pdf-required to have one under the revised DBS guidelines that were applicable at the time. ./Jones_Web_Decision.pdf- ./Jones_Web_Decision.pdf-The panel finds allegation 3f not proved. ./Jones_Web_Decision.pdf- ./Jones_Web_Decision.pdf- 4. Used your school iPhone inappropriately in that you: ./Jones_Web_Decision.pdf- ./Jones_Web_Decision.pdf: a. Recorded and/or stored pornographic images; ./Jones_Web_Decision.pdf- ./Jones_Web_Decision.pdf-The panel heard evidence that, on receipt of her new iPhone in June 2015, Ms Jones ./Jones_Web_Decision.pdf-asked the [Redacted] IT apprentice, Individual D, to back up her iPhone photographs to ./Jones_Web_Decision.pdf-her laptop. Individual B said in his written statement that Individual D informed him that, ./Jones_Web_Decision.pdf-when backing up the device, he had seen images of an explicit sexual nature. Individual ./Jones_Web_Decision.pdf-B stated that he subsequently saw that there were images of explicit sexual acts. Witness ./Jones_Web_Decision.pdf-A, who also viewed the images, confirmed this. In view of the evidence of explicit sexual ./Jones_Web_Decision.pdf:activity, the panel was satisfied that the images were pornographic. ./Jones_Web_Decision.pdf- ./Jones_Web_Decision.pdf-The panel finds allegation 4a proved. ./Jones_Web_Decision.pdf- ./Jones_Web_Decision.pdf- b. Communicated inappropriately with staff and/or governors and/or the ./Jones_Web_Decision.pdf- wider Academy community via electronic messages. ./Jones_Web_Decision.pdf- ./Jones_Web_Decision.pdf-The panel viewed a series of screenshots of text messages between Ms Jones and ./Jones_Web_Decision.pdf-Witness E. These messages shared personal information about members of staff and ./Jones_Web_Decision.pdf-included inappropriate and derogatory comments, all of which were inappropriate and ./Jones_Web_Decision.pdf-would be recognised as such by anyone seeing the messages. ./Jones__Ian_-_Web_Decision_-__9755672.pdf-Academy, Darlaston (“the School”): ./Jones__Ian_-_Web_Decision_-__9755672.pdf- ./Jones__Ian_-_Web_Decision_-__9755672.pdf-1. On date(s) unknown, during conversation(s) with Pupil A, he referred to: ./Jones__Ian_-_Web_Decision_-__9755672.pdf- ./Jones__Ian_-_Web_Decision_-__9755672.pdf- a. The fact he was leaving because he had had difficulties with the headmaster; ./Jones__Ian_-_Web_Decision_-__9755672.pdf- ./Jones__Ian_-_Web_Decision_-__9755672.pdf- b. Pupil A’s relationship with her boyfriend; ./Jones__Ian_-_Web_Decision_-__9755672.pdf- ./Jones__Ian_-_Web_Decision_-__9755672.pdf- c. His marital difficulties; ./Jones__Ian_-_Web_Decision_-__9755672.pdf- ./Jones__Ian_-_Web_Decision_-__9755672.pdf: d. His sex life. ./Jones__Ian_-_Web_Decision_-__9755672.pdf- ./Jones__Ian_-_Web_Decision_-__9755672.pdf-2. On or around 10 February 2014, during conversation(s) with Pupil A and/or Pupil B ./Jones__Ian_-_Web_Decision_-__9755672.pdf- and/or Pupil C, he discussed: ./Jones__Ian_-_Web_Decision_-__9755672.pdf- ./Jones__Ian_-_Web_Decision_-__9755672.pdf- a. Going for leaving drinks with one or more of them; ./Jones__Ian_-_Web_Decision_-__9755672.pdf- ./Jones__Ian_-_Web_Decision_-__9755672.pdf- b. Buying drinks for one or more of them; ./Jones__Ian_-_Web_Decision_-__9755672.pdf- ./Jones__Ian_-_Web_Decision_-__9755672.pdf- c. Going to Birmingham with one or more of them; ./Jones__Ian_-_Web_Decision_-__9755672.pdf- -- ./Jones__Ian_-_Web_Decision_-__9755672.pdf-The case concerns an allegation that while employed as a teacher at the School, Mr ./Jones__Ian_-_Web_Decision_-__9755672.pdf-Jones, over a period of 3 days in February 2014 made contact with Pupil A, a female ./Jones__Ian_-_Web_Decision_-__9755672.pdf-student [redacted] by Facebook and sent her messages which were wholly inappropriate ./Jones__Ian_-_Web_Decision_-__9755672.pdf-including “I wanted to fuck you silly”. It is further alleged that, in anticipation of his ./Jones__Ian_-_Web_Decision_-__9755672.pdf-impending departure from the School, he attempted to set up a farewell drinks evening to ./Jones__Ian_-_Web_Decision_-__9755672.pdf-be attended by a number of pupils including A, B and C (all female pupils). He suggested ./Jones__Ian_-_Web_Decision_-__9755672.pdf-in conversations that they should all go to Birmingham for leaving drinks and he would ./Jones__Ian_-_Web_Decision_-__9755672.pdf-buy drinks for one or more of them. This proposal is said to have included the suggestion ./Jones__Ian_-_Web_Decision_-__9755672.pdf-that he should stay in the same hotel/hotel room as one or more of them. It is further ./Jones__Ian_-_Web_Decision_-__9755672.pdf-alleged that in other conversations with Pupil A at around this time he made reference to ./Jones__Ian_-_Web_Decision_-__9755672.pdf:inappropriate matters including his reasons for leaving the school, his sex life and marital ./Jones__Ian_-_Web_Decision_-__9755672.pdf-difficulties. ./Jones__Ian_-_Web_Decision_-__9755672.pdf- ./Jones__Ian_-_Web_Decision_-__9755672.pdf-Mr Jones admits some but not all of the particulars – he accepts that his admitted ./Jones__Ian_-_Web_Decision_-__9755672.pdf-behaviours towards the 3 female pupils were inappropriate and unprofessional. He ./Jones__Ian_-_Web_Decision_-__9755672.pdf:denies that any of his actions were sexually motivated as is alleged. He says that at the ./Jones__Ian_-_Web_Decision_-__9755672.pdf-time of the events which are the subject of this case he was under stress both at home ./Jones__Ian_-_Web_Decision_-__9755672.pdf-and at work and was shortly afterwards diagnosed with [redacted]. ./Jones__Ian_-_Web_Decision_-__9755672.pdf- ./Jones__Ian_-_Web_Decision_-__9755672.pdf-Findings of fact ./Jones__Ian_-_Web_Decision_-__9755672.pdf-Our findings of fact are as follows: ./Jones__Ian_-_Web_Decision_-__9755672.pdf- ./Jones__Ian_-_Web_Decision_-__9755672.pdf-We have found the following particulars of the allegation(s) against Ian Jones proved, for ./Jones__Ian_-_Web_Decision_-__9755672.pdf-these reasons: ./Jones__Ian_-_Web_Decision_-__9755672.pdf- ./Jones__Ian_-_Web_Decision_-__9755672.pdf-1. On date(s) unknown, during conversation(s) with Pupil A, he referred to: ./Jones__Ian_-_Web_Decision_-__9755672.pdf- ./Jones__Ian_-_Web_Decision_-__9755672.pdf- a. The fact that he was leaving because he had had difficulties with the ./Jones__Ian_-_Web_Decision_-__9755672.pdf- headmaster; ./Jones__Ian_-_Web_Decision_-__9755672.pdf- ./Jones__Ian_-_Web_Decision_-__9755672.pdf- b. Pupil A’s relationship with her boyfriend; ./Jones__Ian_-_Web_Decision_-__9755672.pdf- ./Jones__Ian_-_Web_Decision_-__9755672.pdf- c. His marital difficulties; ./Jones__Ian_-_Web_Decision_-__9755672.pdf- ./Jones__Ian_-_Web_Decision_-__9755672.pdf: d. His sex life. ./Jones__Ian_-_Web_Decision_-__9755672.pdf- ./Jones__Ian_-_Web_Decision_-__9755672.pdf- 6 ./Jones__Ian_-_Web_Decision_-__9755672.pdf- -- ./Jones__Ian_-_Web_Decision_-__9755672.pdf-that Pupil A demonstrated no pre-existing animosity towards Mr Jones whom she had ./Jones__Ian_-_Web_Decision_-__9755672.pdf-known for most of her time at the School, which she had joined as a Year 7 student. ./Jones__Ian_-_Web_Decision_-__9755672.pdf- ./Jones__Ian_-_Web_Decision_-__9755672.pdf-Under questioning by both Mr Faux and the panel she was clear and consistent. Her ./Jones__Ian_-_Web_Decision_-__9755672.pdf-evidence was unshaken and she was able to recall details. She was an excellent witness ./Jones__Ian_-_Web_Decision_-__9755672.pdf-and, in short, we believed her account of the alleged conversations covered by these ./Jones__Ian_-_Web_Decision_-__9755672.pdf-particulars. ./Jones__Ian_-_Web_Decision_-__9755672.pdf- ./Jones__Ian_-_Web_Decision_-__9755672.pdf-By contrast we found the teacher’s evidence to be unconvincing. He was unclear and ./Jones__Ian_-_Web_Decision_-__9755672.pdf-when specifically asked about conversations concerning his marital difficulties and his ./Jones__Ian_-_Web_Decision_-__9755672.pdf:sex life he said that he could not recall that such specific conversations had gone on ./Jones__Ian_-_Web_Decision_-__9755672.pdf-rather than they did not happen. When asked by the panel to give an example of how he ./Jones__Ian_-_Web_Decision_-__9755672.pdf-used “his life experiences to listen to and try to defuse any problems that students may ./Jones__Ian_-_Web_Decision_-__9755672.pdf-go through” (page 135 – Mr Jones’ witness statement) he appeared unable to do so in a ./Jones__Ian_-_Web_Decision_-__9755672.pdf-confused response. We found it difficult to accept that he was being entirely truthful. That ./Jones__Ian_-_Web_Decision_-__9755672.pdf-observation applies particularly to the circumstances of particular 1b where we were ./Jones__Ian_-_Web_Decision_-__9755672.pdf-entirely satisfied that Pupil A gave a truthful account of the conversation – namely that Mr ./Jones__Ian_-_Web_Decision_-__9755672.pdf-Jones said as a joke that her boyfriend was probably cheating on her but she did not take ./Jones__Ian_-_Web_Decision_-__9755672.pdf-it as a joke, was upset by it and had to retreat to the toilet. ./Jones__Ian_-_Web_Decision_-__9755672.pdf- ./Jones__Ian_-_Web_Decision_-__9755672.pdf-In summary we see no reason to doubt Pupil A’s account of these alleged conversations -- ./Jones__Ian_-_Web_Decision_-__9755672.pdf-passing between Mr Jones and Pupil A in the case papers at pages 28 to 31 which ./Jones__Ian_-_Web_Decision_-__9755672.pdf-contain the phrases set out above. ./Jones__Ian_-_Web_Decision_-__9755672.pdf- ./Jones__Ian_-_Web_Decision_-__9755672.pdf-5. His actions as described at paragraphs 1 and/or 2 and/or 3 and/or 4 above ./Jones__Ian_-_Web_Decision_-__9755672.pdf- were: ./Jones__Ian_-_Web_Decision_-__9755672.pdf- ./Jones__Ian_-_Web_Decision_-__9755672.pdf- a. Inappropriate, ./Jones__Ian_-_Web_Decision_-__9755672.pdf- ./Jones__Ian_-_Web_Decision_-__9755672.pdf- b. Sexually motivated. ./Jones__Ian_-_Web_Decision_-__9755672.pdf- ./Jones__Ian_-_Web_Decision_-__9755672.pdf:Particular 5a is admitted by Mr Jones. He denies that his actions were sexually motivated ./Jones__Ian_-_Web_Decision_-__9755672.pdf-as alleged in particular 5b. ./Jones__Ian_-_Web_Decision_-__9755672.pdf- ./Jones__Ian_-_Web_Decision_-__9755672.pdf-We find particular 5b is proved. We accept that at the time of these events there is ./Jones__Ian_-_Web_Decision_-__9755672.pdf-persuasive evidence that Mr Jones was under stress both at home and at work which ./Jones__Ian_-_Web_Decision_-__9755672.pdf-may have affected his behaviour. He was facing the prospect of capability proceedings at ./Jones__Ian_-_Web_Decision_-__9755672.pdf-school and was, in his view, not wanted in the School. He felt isolated and miserable and ./Jones__Ian_-_Web_Decision_-__9755672.pdf-was persuaded to resign. [Redacted]. He described his admitted behaviour in his ./Jones__Ian_-_Web_Decision_-__9755672.pdf-evidence to the panel as a cry for help [redacted]. ./Jones__Ian_-_Web_Decision_-__9755672.pdf- ./Jones__Ian_-_Web_Decision_-__9755672.pdf- 8 -- ./Jones__Ian_-_Web_Decision_-__9755672.pdf-While we have considered carefully Mr Jones’ evidence and his description of the ./Jones__Ian_-_Web_Decision_-__9755672.pdf-[redacted] state he was in at the time the panel also has to determine whether Mr Jones’ ./Jones__Ian_-_Web_Decision_-__9755672.pdf-actions allow any explanation other than that pleaded in particular 5b, namely that what ./Jones__Ian_-_Web_Decision_-__9755672.pdf:he did was sexually motivated. ./Jones__Ian_-_Web_Decision_-__9755672.pdf- ./Jones__Ian_-_Web_Decision_-__9755672.pdf-In summary the evidence establishes that Mr Jones initially engaged in conversations ./Jones__Ian_-_Web_Decision_-__9755672.pdf-with Pupil A which included suggesting to her that her boyfriend, who was away at ./Jones__Ian_-_Web_Decision_-__9755672.pdf:university, may be cheating on her. He also made reference to his own sex life – on her ./Jones__Ian_-_Web_Decision_-__9755672.pdf-account saying that “he wasn’t getting any at all” – and referring to his marriage being on ./Jones__Ian_-_Web_Decision_-__9755672.pdf-the rocks. Thereafter we are satisfied that he was actively engaged – albeit over a period ./Jones__Ian_-_Web_Decision_-__9755672.pdf-of approximately 3 days – in seeking to arrange a farewell celebration to mark his leaving ./Jones__Ian_-_Web_Decision_-__9755672.pdf-the School. That celebration was to take the form of an evening trip to Birmingham ./Jones__Ian_-_Web_Decision_-__9755672.pdf-exclusively with female pupils and the proposal that they should stay together in the ./Jones__Ian_-_Web_Decision_-__9755672.pdf-same hotel. The panel’s reading of the exhibited Facebook messages suggests that ./Jones__Ian_-_Web_Decision_-__9755672.pdf-staying in the same room as the pupils was contemplated which is what the pupils ./Jones__Ian_-_Web_Decision_-__9755672.pdf-themselves seemed to believe. Mr Jones acknowledged in his investigation interview ./Jones__Ian_-_Web_Decision_-__9755672.pdf-(page 98) that neither any of his staff colleagues nor his wife knew about this proposal. ./Jones__Ian_-_Web_Decision_-__9755672.pdf- ./Jones__Ian_-_Web_Decision_-__9755672.pdf-We believe that the Facebook messages alone sent to Pupil A and specified under ./Jones__Ian_-_Web_Decision_-__9755672.pdf-paragraph 4 provide unarguable evidence of Mr Jones’ motivation. His stark final ./Jones__Ian_-_Web_Decision_-__9755672.pdf-message to Pupil A “I wanted to fuck you silly” allows no other possible conclusion to be ./Jones__Ian_-_Web_Decision_-__9755672.pdf:drawn but that his conduct was sexually motivated. To reach any other conclusion would ./Jones__Ian_-_Web_Decision_-__9755672.pdf-be totally perverse. We conclude that there has been a course of conduct towards Pupil ./Jones__Ian_-_Web_Decision_-__9755672.pdf-A which is reflected in all the particulars that we have found proved and we reject Mr ./Jones__Ian_-_Web_Decision_-__9755672.pdf-Jones’ explanation that the final offensive message should be seen only as a cry for help. ./Jones__Ian_-_Web_Decision_-__9755672.pdf- ./Jones__Ian_-_Web_Decision_-__9755672.pdf- ./Jones__Ian_-_Web_Decision_-__9755672.pdf- ./Jones__Ian_-_Web_Decision_-__9755672.pdf-Findings as to unacceptable professional conduct and/or ./Jones__Ian_-_Web_Decision_-__9755672.pdf-conduct that may bring the profession into disrepute ./Jones__Ian_-_Web_Decision_-__9755672.pdf-This case is brought by the National College on the basis that Mr Jones’ conduct is both ./Jones__Ian_-_Web_Decision_-__9755672.pdf-unacceptable professional conduct and conduct that may bring the profession into -- ./Jones__Ian_-_Web_Decision_-__9755672.pdf- ./Jones__Ian_-_Web_Decision_-__9755672.pdf- - the protection of pupils ./Jones__Ian_-_Web_Decision_-__9755672.pdf- ./Jones__Ian_-_Web_Decision_-__9755672.pdf- - the maintenance of public confidence in the profession ./Jones__Ian_-_Web_Decision_-__9755672.pdf- ./Jones__Ian_-_Web_Decision_-__9755672.pdf- - declaring and upholding proper standards of conduct ./Jones__Ian_-_Web_Decision_-__9755672.pdf- ./Jones__Ian_-_Web_Decision_-__9755672.pdf-We consider on the facts of this case that a prohibition order is an appropriate and ./Jones__Ian_-_Web_Decision_-__9755672.pdf-proportionate measure. Mr Jones is guilty of a serious departure from the personal and ./Jones__Ian_-_Web_Decision_-__9755672.pdf-professional elements of the Teachers’ Standards, abuse of his position of trust and a ./Jones__Ian_-_Web_Decision_-__9755672.pdf:violation of the rights of pupils. In addition we have found that his actions were sexually ./Jones__Ian_-_Web_Decision_-__9755672.pdf-motivated. All of those factors lead the panel to conclude that Mr Jones has ./Jones__Ian_-_Web_Decision_-__9755672.pdf-demonstrated behaviour that is incompatible with him currently remaining a member of ./Jones__Ian_-_Web_Decision_-__9755672.pdf-the teaching profession. ./Jones__Ian_-_Web_Decision_-__9755672.pdf- ./Jones__Ian_-_Web_Decision_-__9755672.pdf-We recognise and accept that Mr Jones was very unsettled when these events occurred ./Jones__Ian_-_Web_Decision_-__9755672.pdf-and he told us that, shortly after his suspension from the school he was treated for ./Jones__Ian_-_Web_Decision_-__9755672.pdf-[redacted]. We acknowledge that he was beset with problems and stresses both at home ./Jones__Ian_-_Web_Decision_-__9755672.pdf-and at school with which, on his account, he struggled to cope. Those considerations do ./Jones__Ian_-_Web_Decision_-__9755672.pdf-not excuse Mr Jones’ responsibility for his behaviour. ./Jones__Ian_-_Web_Decision_-__9755672.pdf- -- ./Jones__Ian_-_Web_Decision_-__9755672.pdf-Counsel for Mr Jones asks the panel to take into account the very short period over ./Jones__Ian_-_Web_Decision_-__9755672.pdf-which this unacceptable behaviour occurred and its unsophisticated nature. We do ./Jones__Ian_-_Web_Decision_-__9755672.pdf-accept that this case does not involve a course of conduct that was either sustained or ./Jones__Ian_-_Web_Decision_-__9755672.pdf-carefully planned. We also recognise that the pressures to which Mr Jones was subject ./Jones__Ian_-_Web_Decision_-__9755672.pdf-may well have influenced his opportunistic conduct and that it is difficult to reconcile the ./Jones__Ian_-_Web_Decision_-__9755672.pdf-way he behaved with his previous teaching record and the way he was described by both ./Jones__Ian_-_Web_Decision_-__9755672.pdf-Pupil A and the vice principal. She described him prior to this case as “always being very ./Jones__Ian_-_Web_Decision_-__9755672.pdf-professional with pupils”. ./Jones__Ian_-_Web_Decision_-__9755672.pdf- ./Jones__Ian_-_Web_Decision_-__9755672.pdf-We are troubled that Mr Jones contested parts of this case in the face of compelling ./Jones__Ian_-_Web_Decision_-__9755672.pdf:evidence particularly in relation to the allegation of sexual motivation. In doing so he gave ./Jones__Ian_-_Web_Decision_-__9755672.pdf-an account to the panel of what had occurred which included matters we judged were ./Jones__Ian_-_Web_Decision_-__9755672.pdf-patently untrue. It leads us to conclude that he is still not able to confront fully the gravity ./Jones__Ian_-_Web_Decision_-__9755672.pdf-of his conduct. Although he has demonstrated some insight and apologised through ./Jones__Ian_-_Web_Decision_-__9755672.pdf-Counsel to his victims we have concerns that, at present, his insight falls short of being ./Jones__Ian_-_Web_Decision_-__9755672.pdf-clear and unequivocal. ./Jones__Ian_-_Web_Decision_-__9755672.pdf- ./Jones__Ian_-_Web_Decision_-__9755672.pdf-We judge that although this is a serious case it covered a short period of time, involved ./Jones__Ian_-_Web_Decision_-__9755672.pdf-no physical contact with any of the pupils and Mr Jones’ messages and engagement with ./Jones__Ian_-_Web_Decision_-__9755672.pdf-the pupils are properly categorised by his Counsel as idiotic and deluded. We also think it ./Jones__Ian_-_Web_Decision_-__9755672.pdf-is right and appropriate to make allowance for Mr Jones’ previous unblemished record in ./Jones__Ian_-_Web_Decision_-__9755672.pdf-the profession and his mental state at the time of these events. ./Jones__Ian_-_Web_Decision_-__9755672.pdf- ./Jones__Ian_-_Web_Decision_-__9755672.pdf-We have carefully considered the guidance available in relation to the possibility of a ./Jones__Ian_-_Web_Decision_-__9755672.pdf-review period being allowed in this case. We understand that the guidance obliges the ./Jones__Ian_-_Web_Decision_-__9755672.pdf-panel to consider imposing a prohibition order with no provision for review as the case ./Jones__Ian_-_Web_Decision_-__9755672.pdf:concerns serious sexual misconduct. We have undertaken that consideration. However ./Jones__Ian_-_Web_Decision_-__9755672.pdf-we feel there are elements in this case as set out above which allow the panel to make a ./Jones__Ian_-_Web_Decision_-__9755672.pdf-recommendation which might be viewed as exceptional to those who have not heard or ./Jones__Ian_-_Web_Decision_-__9755672.pdf-read all of the evidence in this case – but nonetheless we feel is proportionate. ./Jones__Ian_-_Web_Decision_-__9755672.pdf- ./Jones__Ian_-_Web_Decision_-__9755672.pdf-We therefore recommend that there should be a review period which would allow Mr ./Jones__Ian_-_Web_Decision_-__9755672.pdf-Jones to make a set aside application should he wish to resurrect his career as a ./Jones__Ian_-_Web_Decision_-__9755672.pdf-teacher. We believe that he should expect to have to demonstrate to any panel that may ./Jones__Ian_-_Web_Decision_-__9755672.pdf-hear such an application that, by then, he has clear and unequivocal insight into the ./Jones__Ian_-_Web_Decision_-__9755672.pdf-gravity of his conduct on this occasion and its damaging impact on the pupils involved. ./Jones__Ian_-_Web_Decision_-__9755672.pdf-Mr Jones is now aged 40 and we believe that the review period should be 8 years. We -- ./Jones__Ian_-_Web_Decision_-__9755672.pdf-Decision and reasons on behalf of the Secretary of State ./Jones__Ian_-_Web_Decision_-__9755672.pdf-I have given very careful consideration to this case and to the recommendation of the ./Jones__Ian_-_Web_Decision_-__9755672.pdf-panel in respect of both sanction and review period. ./Jones__Ian_-_Web_Decision_-__9755672.pdf- ./Jones__Ian_-_Web_Decision_-__9755672.pdf-The findings of the panel in this case are very serious ones. ./Jones__Ian_-_Web_Decision_-__9755672.pdf- ./Jones__Ian_-_Web_Decision_-__9755672.pdf-The evidence considered by the panel established that Mr Jones initially engaged in ./Jones__Ian_-_Web_Decision_-__9755672.pdf-conversations with Pupil A which included suggesting to her that her boyfriend, who was ./Jones__Ian_-_Web_Decision_-__9755672.pdf-away at university, may be cheating on her. The panel also found that Mr Jones made ./Jones__Ian_-_Web_Decision_-__9755672.pdf:reference to his own sex life – on her account saying that “he wasn’t getting any at all” – ./Jones__Ian_-_Web_Decision_-__9755672.pdf-and referring to his marriage being on the rocks. The panel are clear that Mr Jones was ./Jones__Ian_-_Web_Decision_-__9755672.pdf-actively engaged – albeit over a period of approximately 3 days – in seeking to arrange a ./Jones__Ian_-_Web_Decision_-__9755672.pdf-farewell celebration to mark his leaving the School. That celebration was to take the form ./Jones__Ian_-_Web_Decision_-__9755672.pdf-of an evening trip to Birmingham exclusively with female pupils and the proposal that ./Jones__Ian_-_Web_Decision_-__9755672.pdf-they should stay together in the same hotel. The panel are clear that Mr Jones’ behaviour ./Jones__Ian_-_Web_Decision_-__9755672.pdf:was sexually motivated. ./Jones__Ian_-_Web_Decision_-__9755672.pdf- ./Jones__Ian_-_Web_Decision_-__9755672.pdf-I support the view of the panel that in this case a prohibition order is an appropriate and ./Jones__Ian_-_Web_Decision_-__9755672.pdf-proportionate measure. ./Jones__Ian_-_Web_Decision_-__9755672.pdf- ./Jones__Ian_-_Web_Decision_-__9755672.pdf-Mr Jones is guilty of a serious departure from the personal and professional elements of ./Jones__Ian_-_Web_Decision_-__9755672.pdf-the Teachers’ Standards, abuse of his position of trust and a violation of the rights of ./Jones__Ian_-_Web_Decision_-__9755672.pdf:pupils. In addition his actions were sexually motivated. All of those factors support me in ./Jones__Ian_-_Web_Decision_-__9755672.pdf-my agreement with the panel that Mr Jones has demonstrated behaviour that is ./Jones__Ian_-_Web_Decision_-__9755672.pdf-incompatible with him currently remaining a member of the teaching profession. ./Jones__Ian_-_Web_Decision_-__9755672.pdf- ./Jones__Ian_-_Web_Decision_-__9755672.pdf-I have taken into account the evidence that Mr Jones was very unsettled when these ./Jones__Ian_-_Web_Decision_-__9755672.pdf-events occurred. The panel has also clearly taken that evidence into account. Mr Jones ./Jones__Ian_-_Web_Decision_-__9755672.pdf-had problems and stresses both at home and at school with which, on his account, he ./Jones__Ian_-_Web_Decision_-__9755672.pdf-struggled to cope. Those considerations do not excuse Mr Jones’ responsibility for his ./Jones__Ian_-_Web_Decision_-__9755672.pdf-behaviour. ./Jones__Ian_-_Web_Decision_-__9755672.pdf- ./Jones__Ian_-_Web_Decision_-__9755672.pdf-I have also taken into account the panel’s understanding that Mr Jones had previously -- ./Jones__Ian_-_Web_Decision_-__9755672.pdf-I have noted that the panel recommend a review period of 8 years. I have considered this ./Jones__Ian_-_Web_Decision_-__9755672.pdf-recommendation with great care. However, in my opinion, this case requires that there be ./Jones__Ian_-_Web_Decision_-__9755672.pdf-no review period. In reaching this decision I consider that the panel has not sufficiently ./Jones__Ian_-_Web_Decision_-__9755672.pdf-taken into account the need to protect the wider reputation of the profession. Mr Jones’ ./Jones__Ian_-_Web_Decision_-__9755672.pdf:behaviour was serious, was sexually motivated and caused harm. ./Jones__Ian_-_Web_Decision_-__9755672.pdf- ./Jones__Ian_-_Web_Decision_-__9755672.pdf-The panel note that Mr Jones contested parts of this case in the face of compelling ./Jones__Ian_-_Web_Decision_-__9755672.pdf:evidence particularly in relation to the allegation of sexual motivation. In doing so he gave ./Jones__Ian_-_Web_Decision_-__9755672.pdf-an account to the panel of what had occurred which included matters that the panel ./Jones__Ian_-_Web_Decision_-__9755672.pdf-judged were patently untrue. Indeed the panel conclude that Mr Jones is still not able to ./Jones__Ian_-_Web_Decision_-__9755672.pdf-confront fully the gravity of his conduct. The panel note that although Mr Jones has ./Jones__Ian_-_Web_Decision_-__9755672.pdf-demonstrated some insight and apologised through Counsel to his victims they have ./Jones__Ian_-_Web_Decision_-__9755672.pdf-concerns that, at present, his insight falls short of being clear and unequivocal. ./Jones__Ian_-_Web_Decision_-__9755672.pdf- ./Jones__Ian_-_Web_Decision_-__9755672.pdf-Although there were mitigating factors, and I have taken these into account, in my view ./Jones__Ian_-_Web_Decision_-__9755672.pdf-these, and Mr Jones’ lack of insight, do not sufficiently outweigh the harm caused and the ./Jones__Ian_-_Web_Decision_-__9755672.pdf-risk of damage to the wider profession that may occur by allowing a review period. ./Jones__Ian_-_Web_Decision_-__9755672.pdf- ./JORDAN_Ian_web_decision.pdf-B. Allegations ./JORDAN_Ian_web_decision.pdf-The panel considered the allegations set out in the Notice of Proceedings dated 17 June ./JORDAN_Ian_web_decision.pdf-2015. ./JORDAN_Ian_web_decision.pdf- ./JORDAN_Ian_web_decision.pdf-It was alleged that Mr Ian Jordan was guilty of unacceptable professional conduct and/or ./JORDAN_Ian_web_decision.pdf-conduct that may bring the profession into disrepute, in that: ./JORDAN_Ian_web_decision.pdf- ./JORDAN_Ian_web_decision.pdf- 1. In or around 1998-1999 you had an inappropriate relationship with a pupil from ./JORDAN_Ian_web_decision.pdf: Beaminster School, Individual C, in that you had sexual intercourse with her on ./JORDAN_Ian_web_decision.pdf- one or more occasions; ./JORDAN_Ian_web_decision.pdf- ./JORDAN_Ian_web_decision.pdf: 2. In or around 1996-1999 you sexually abused a child aged between 6-9 years old, ./JORDAN_Ian_web_decision.pdf- Individual D, on one or more occasions; ./JORDAN_Ian_web_decision.pdf- ./JORDAN_Ian_web_decision.pdf: 3. And in so doing at allegations 1 and 2 your conduct was sexually motivated. ./JORDAN_Ian_web_decision.pdf- ./JORDAN_Ian_web_decision.pdf-The above allegations are not admitted. ./JORDAN_Ian_web_decision.pdf- ./JORDAN_Ian_web_decision.pdf- ./JORDAN_Ian_web_decision.pdf-C. Preliminary applications ./JORDAN_Ian_web_decision.pdf-The teacher made an application seeking to adduce further evidence. The application ./JORDAN_Ian_web_decision.pdf-was made by Ms Parsons, on behalf of Mr Jordan. The panel noted that Ms Parsons’ ./JORDAN_Ian_web_decision.pdf-role in these proceedings was limited to the cross examination of Individuals C and D. ./JORDAN_Ian_web_decision.pdf-However, having accepted Ms Parsons’ submission that the request derived from, and ./JORDAN_Ian_web_decision.pdf-would impact the cross examination of Individuals C and D, and Mr Bentley raising no -- ./JORDAN_Ian_web_decision.pdf-We confirm that we have read all the documents provided in the bundle in advance of the ./JORDAN_Ian_web_decision.pdf-hearing and in addition we have also read the additional document admitted as noted ./JORDAN_Ian_web_decision.pdf-above. ./JORDAN_Ian_web_decision.pdf- ./JORDAN_Ian_web_decision.pdf-Mr Ian Jordan began working at Beaminster School in 1988. ./JORDAN_Ian_web_decision.pdf- ./JORDAN_Ian_web_decision.pdf:In 2011, Individual C alleged to the police that she was in a sexual relationship with Mr ./JORDAN_Ian_web_decision.pdf-Jordan whilst attending Beaminster School in or around 1998-1999. ./JORDAN_Ian_web_decision.pdf- ./JORDAN_Ian_web_decision.pdf:In October 2013, Individual D disclosed that he was sexually abused by Mr Jordan in or ./JORDAN_Ian_web_decision.pdf-around 1996-1999. In November 2013, a referral was received from Child Care Team at ./JORDAN_Ian_web_decision.pdf-Weymouth College and Individual D was interviewed by Police in December 2013. Mr ./JORDAN_Ian_web_decision.pdf-Jordan was arrested in connection with this allegation on 11 December 2013 and ./JORDAN_Ian_web_decision.pdf-subsequently suspended from Beaminster School on 18 December 2013. ./JORDAN_Ian_web_decision.pdf- ./JORDAN_Ian_web_decision.pdf-On 1 September 2014, Mr Jordan tendered his resignation at Beaminster School and this ./JORDAN_Ian_web_decision.pdf-was accepted on 3 September 2014. ./JORDAN_Ian_web_decision.pdf- ./JORDAN_Ian_web_decision.pdf-Findings of fact ./JORDAN_Ian_web_decision.pdf-Our findings of fact are as follows: ./JORDAN_Ian_web_decision.pdf- ./JORDAN_Ian_web_decision.pdf-We have found the following particulars of the allegations against you proven, for these ./JORDAN_Ian_web_decision.pdf-reasons: ./JORDAN_Ian_web_decision.pdf- ./JORDAN_Ian_web_decision.pdf-1. In or around 1998-1999 you had an inappropriate relationship with a pupil from ./JORDAN_Ian_web_decision.pdf: Beaminster School, Individual C, in that you had sexual intercourse with her on ./JORDAN_Ian_web_decision.pdf- one or more occasions; ./JORDAN_Ian_web_decision.pdf- ./JORDAN_Ian_web_decision.pdf-Individual C explained in her written evidence and affirmed in her oral evidence that she ./JORDAN_Ian_web_decision.pdf-had an inappropriate relationship with Mr Jordan. She described that having joined ./JORDAN_Ian_web_decision.pdf-Beaminster School, her relationship with Mr Jordan developed through her activities at ./JORDAN_Ian_web_decision.pdf-Judo and the school mentoring scheme. Around this time she began babysitting for Mr ./JORDAN_Ian_web_decision.pdf-Jordan [redacted]. It was whilst she was babysitting, that Mr Jordan first kissed Individual ./JORDAN_Ian_web_decision.pdf-C, following which it is alleged that their relationship developed culminating in Mr Jordan ./JORDAN_Ian_web_decision.pdf:having sexual intercourse with Individual C whilst she was a pupil at Beaminster School. ./JORDAN_Ian_web_decision.pdf- ./JORDAN_Ian_web_decision.pdf-These allegations were robustly denied by Mr Jordan. ./JORDAN_Ian_web_decision.pdf- ./JORDAN_Ian_web_decision.pdf-During the course of the hearing, the panel notes that the parties agreed that the ./JORDAN_Ian_web_decision.pdf-following factual events had occurred: ./JORDAN_Ian_web_decision.pdf- ./JORDAN_Ian_web_decision.pdf-  Individual C began attending Beaminster School in or around 1998 and most ./JORDAN_Ian_web_decision.pdf- probably in September 1998, leaving the school in the summer of 2000 [redacted]. ./JORDAN_Ian_web_decision.pdf- ./JORDAN_Ian_web_decision.pdf-  Individual C attended the Judo club run by Mr Jordan, and it was through her -- ./JORDAN_Ian_web_decision.pdf-this. It is his evidence that this incident is entirely fictitious. He claims there was no ./JORDAN_Ian_web_decision.pdf-spare room [redacted] It is his evidence that Individual C slept in the living room on the ./JORDAN_Ian_web_decision.pdf-sofa. [redacted] ./JORDAN_Ian_web_decision.pdf- ./JORDAN_Ian_web_decision.pdf-However, the panel notes that Individual C recalls with some clarity that the “kiss” ./JORDAN_Ian_web_decision.pdf-followed a comment made about a “coke bottle” that Mr Jordan squeezed and “he said to ./JORDAN_Ian_web_decision.pdf-me ‘you don’t have the bottle to be with me’ or words to that effect” (page 17). This ./JORDAN_Ian_web_decision.pdf-account is consistent with that provided to the police on 13 October 2011 (page 42). ./JORDAN_Ian_web_decision.pdf- ./JORDAN_Ian_web_decision.pdf-Individual C states that the relationship developed when they met whilst Mr Jordan would ./JORDAN_Ian_web_decision.pdf:take his dog for a walk, during which time they might kiss (page 18) or have sex. ./JORDAN_Ian_web_decision.pdf-Individual A notes in her written evidence that Mr Jordan would take the dog for a walk by ./JORDAN_Ian_web_decision.pdf-himself, a matter which is also noted by Social Services (pages 228 – 230). Indeed, in ./JORDAN_Ian_web_decision.pdf-his oral testimony, Mr Jordan accepted that there were occasions when he would take ./JORDAN_Ian_web_decision.pdf-the dog for a walk unaccompanied, usually in the evening. This account is consistent ./JORDAN_Ian_web_decision.pdf-with the account provided by Individual C and also by Witness A (page 61). ./JORDAN_Ian_web_decision.pdf- ./JORDAN_Ian_web_decision.pdf-Individual C claims the intimacy between her and Mr Jordan grew, which led to them ./JORDAN_Ian_web_decision.pdf:having sexual intercourse (pages 18 – 19) one morning at his house. Mr Jordan denies ./JORDAN_Ian_web_decision.pdf-this. [redacted] The panel also heard evidence that Mr Jordan would seek to leave the ./JORDAN_Ian_web_decision.pdf-house between 7:30am and 8:00am. This aligns with Individual D’s evidence [redacted]. ./JORDAN_Ian_web_decision.pdf-However, neither Individuals D nor F recall seeing Individual C [redacted] in the morning. ./JORDAN_Ian_web_decision.pdf-Despite this, Individual C recounts walking to see Mr Jordan early in the mornings, after ./JORDAN_Ian_web_decision.pdf-receiving a text message from him (pages 18 & 45 – 46) around 5:30am. ./JORDAN_Ian_web_decision.pdf- ./JORDAN_Ian_web_decision.pdf-The panel notes that it is Mr Jordan’s evidence that had these early morning incidents ./JORDAN_Ian_web_decision.pdf-occurred, the dog would have barked. The panel has heard Individuals C and D describe ./JORDAN_Ian_web_decision.pdf-the dog as mild mannered and timid and heard evidence from Individual F that the dog ./JORDAN_Ian_web_decision.pdf-would sleep upstairs on the landing. Although the panel notes Individual F stated in his -- ./JORDAN_Ian_web_decision.pdf:The panel referred to Individual C’s account that she and Mr Jordan would have sexual ./JORDAN_Ian_web_decision.pdf-intercourse on a regular basis for a period of between one to three months. This ./JORDAN_Ian_web_decision.pdf-sometimes took place during walks with the dog. She also recalled on one occasion ./JORDAN_Ian_web_decision.pdf:having sexual intercourse in the PE Hall and kissing in Mr Jordan’s office. This version of ./JORDAN_Ian_web_decision.pdf-events is confirmed by the evidence provided by Individual C to the police in October ./JORDAN_Ian_web_decision.pdf-2011 (pages 40 - 58) and through her oral testimony to the panel. Mr Jordan denies this. ./JORDAN_Ian_web_decision.pdf-Upon reviewing all the evidence, the panel noted the following points: ./JORDAN_Ian_web_decision.pdf- ./JORDAN_Ian_web_decision.pdf-  It has been accepted that Mr Jordan did take the dog for afternoon / evening ./JORDAN_Ian_web_decision.pdf- walks. It was Mr Jordan’s evidence that the locations where it is alleged he had ./JORDAN_Ian_web_decision.pdf- intercourse, were public areas and it would not have been plausible to have ./JORDAN_Ian_web_decision.pdf: undertaken any sexual acts without being spotted. Furthermore, he notes that ./JORDAN_Ian_web_decision.pdf- the town itself, is a small town and the risk of him being spotted with Individual ./JORDAN_Ian_web_decision.pdf- C on these walks was very high. Individual C refutes this, stating that the places ./JORDAN_Ian_web_decision.pdf: were sufficiently private to have sexual intercourse. ./JORDAN_Ian_web_decision.pdf- ./JORDAN_Ian_web_decision.pdf-  It was agreed that the PE Hall had one entrance and one fire exit. Mr Jordan ./JORDAN_Ian_web_decision.pdf- and Individual G explained that due to its location, students would always be ./JORDAN_Ian_web_decision.pdf- walking past the PE Hall. However, Individuals C and G did describe an ./JORDAN_Ian_web_decision.pdf- “alcove” or “storage room”, which was where the mats would be stored. ./JORDAN_Ian_web_decision.pdf- ./JORDAN_Ian_web_decision.pdf-  Individual C recounts kissing Mr Jordan in his office. It is accepted that ./JORDAN_Ian_web_decision.pdf- Individual C would have been in Mr Jordan’s office during the mentoring ./JORDAN_Ian_web_decision.pdf- sessions. However, Mr Jordan denies kissing Individual C, stating that he ./JORDAN_Ian_web_decision.pdf- shared his office with another teacher, who would usually be in the office at the -- ./JORDAN_Ian_web_decision.pdf-other individuals Mr Jordan abused and that she was not the only one. Therefore, she ./JORDAN_Ian_web_decision.pdf-felt that she had to take action to prevent this from happening again. ./JORDAN_Ian_web_decision.pdf- ./JORDAN_Ian_web_decision.pdf-The panel notes the written statement of Individual C and the documentary evidence ./JORDAN_Ian_web_decision.pdf-presented, including the transcript from the police interview taken when she first made ./JORDAN_Ian_web_decision.pdf-these allegations in October 2011. The panel also considered the oral and written ./JORDAN_Ian_web_decision.pdf-evidence of Witness A, which was consistent with the account of Individual C in respect ./JORDAN_Ian_web_decision.pdf-of certain key events, albeit the panel notes that the timings of such events may have ./JORDAN_Ian_web_decision.pdf-differed. ./JORDAN_Ian_web_decision.pdf- ./JORDAN_Ian_web_decision.pdf:The panel notes that Individual C states she told her friend, [redacted], about the sexual ./JORDAN_Ian_web_decision.pdf-relationship with Mr Jordan at the time of the event. This is confirmed by the police in the ./JORDAN_Ian_web_decision.pdf-Brief Minutes of a Post Allegation Investigation Meeting who had spoken to the friend ./JORDAN_Ian_web_decision.pdf-[redacted] (page 235). Furthermore, Witness A corroborated certain key events, which ./JORDAN_Ian_web_decision.pdf-align with those relayed by Individual C, for example, the Valentine’s Day card incident. ./JORDAN_Ian_web_decision.pdf- ./JORDAN_Ian_web_decision.pdf- ./JORDAN_Ian_web_decision.pdf- 10 ./JORDAN_Ian_web_decision.pdf- -- ./JORDAN_Ian_web_decision.pdf-credible and honest. The evidence was on the whole consistent with the written ./JORDAN_Ian_web_decision.pdf-evidence. The panel accepted the evidence of Individual C and Witness A. The panel ./JORDAN_Ian_web_decision.pdf-acknowledges that Individual A’s evidence is hearsay and has attached the appropriate ./JORDAN_Ian_web_decision.pdf-weight to this evidence. The panel does not find Mr Jordan’s evidence credible, ./JORDAN_Ian_web_decision.pdf-especially regarding the year when the babysitting took place, and how the babysitting ./JORDAN_Ian_web_decision.pdf-arrangements were made through Individual C’s father. ./JORDAN_Ian_web_decision.pdf- ./JORDAN_Ian_web_decision.pdf-The panel also notes the inconsistencies that have been identified during the course of ./JORDAN_Ian_web_decision.pdf-this hearing. The panel are of the view that such inconsistences are immaterial to the ./JORDAN_Ian_web_decision.pdf-substance of the allegations, namely, whether Mr Jordan had an inappropriate ./JORDAN_Ian_web_decision.pdf:relationship with Individual C, in that he had sexual intercourse with her on one or more ./JORDAN_Ian_web_decision.pdf-occasions. Furthermore, the panel is not persuaded by Mr Jordan’s assertions that these ./JORDAN_Ian_web_decision.pdf-inconsistencies reveal a conspiracy against him and that the allegations are wholly ./JORDAN_Ian_web_decision.pdf-concocted. The panel notes that the underlying events took place several years ago and ./JORDAN_Ian_web_decision.pdf-therefore is mindful that the memories of the witnesses can be expected to be uncertain ./JORDAN_Ian_web_decision.pdf-on some matters of precise detail. However, the panel notes that the key events, such ./JORDAN_Ian_web_decision.pdf:as the kiss and the places where the sexual intercourse is said to have occurred, have ./JORDAN_Ian_web_decision.pdf-been recounted with sufficient accuracy, albeit the finer details, such as the precise dates ./JORDAN_Ian_web_decision.pdf-are unclear, which in this panel’s view, is entirely to be expected in a case of this nature. ./JORDAN_Ian_web_decision.pdf- ./JORDAN_Ian_web_decision.pdf-The panel therefore finds, on the balance of probabilities, that this allegation is proven. ./JORDAN_Ian_web_decision.pdf- ./JORDAN_Ian_web_decision.pdf:3. And in so doing at allegations 1 and 2 your conduct was sexually motivated. ./JORDAN_Ian_web_decision.pdf:In respect of allegation 1, the panel considered the two stage test for sexual motivation – ./JORDAN_Ian_web_decision.pdf:firstly whether the words/actions could be sexual and secondly whether the words/actions ./JORDAN_Ian_web_decision.pdf:of Mr Jordan were sexual in all of the circumstances of the case. Upon consideration of ./JORDAN_Ian_web_decision.pdf-the evidence, the panel considers that the reasonable person, would consider these ./JORDAN_Ian_web_decision.pdf:actions to be sexual. Therefore, the panel finds that the first limb of the test has been ./JORDAN_Ian_web_decision.pdf-satisfied. ./JORDAN_Ian_web_decision.pdf- ./JORDAN_Ian_web_decision.pdf-Turning to the second limb, whether in all the circumstances of the conduct in the case, ./JORDAN_Ian_web_decision.pdf:Mr Jordan’s purpose of such actions was sexual. The panel was satisfied, as a result of ./JORDAN_Ian_web_decision.pdf-the combination of the content of the discussion that took place, together with the variety ./JORDAN_Ian_web_decision.pdf:of physical contact, that Mr Jordan’s words and actions could be viewed as sexually ./JORDAN_Ian_web_decision.pdf-motivated and indeed were. ./JORDAN_Ian_web_decision.pdf- ./JORDAN_Ian_web_decision.pdf-The panel have therefore found this allegation proven. ./JORDAN_Ian_web_decision.pdf- ./JORDAN_Ian_web_decision.pdf-We have found the following particulars of the allegations against you not proven, for ./JORDAN_Ian_web_decision.pdf-these reasons: ./JORDAN_Ian_web_decision.pdf- ./JORDAN_Ian_web_decision.pdf:2. In or around 1996-1999 you sexually abused a child aged between 6-9 years ./JORDAN_Ian_web_decision.pdf- old, Individual D, on one or more occasions; ./JORDAN_Ian_web_decision.pdf- ./JORDAN_Ian_web_decision.pdf-This allegation is denied by Mr Jordan. ./JORDAN_Ian_web_decision.pdf- ./JORDAN_Ian_web_decision.pdf-The panel acknowledged the written statement of Individual D, where he described how ./JORDAN_Ian_web_decision.pdf-he was abused by Mr Jordan between the ages of 6-9. Individual D explained that the ./JORDAN_Ian_web_decision.pdf-first incident occurred when he was 6 years old [redacted]. In his oral testimony, he ./JORDAN_Ian_web_decision.pdf-believed it took place sometime in January 1997. Specifically, Individual D recalls having ./JORDAN_Ian_web_decision.pdf- ./JORDAN_Ian_web_decision.pdf- 11 -- ./JORDAN_Ian_web_decision.pdf-In light of the above, on the balance of probabilities, the panel does not find that the ./JORDAN_Ian_web_decision.pdf-National College has discharged its burden of proof in showing that these facts are more ./JORDAN_Ian_web_decision.pdf-likely than not to have occurred. Therefore, the panel do not find this allegation proven. ./JORDAN_Ian_web_decision.pdf- ./JORDAN_Ian_web_decision.pdf:3. And in so doing at allegations 1 and 2 your conduct was sexually motivated. ./JORDAN_Ian_web_decision.pdf- ./JORDAN_Ian_web_decision.pdf-Having reviewed all of the evidence, the panel does not find allegation 2 proved on the ./JORDAN_Ian_web_decision.pdf-facts. Accordingly, the panel did not go onto consider whether, in respect of this ./JORDAN_Ian_web_decision.pdf:allegation, Mr Jordan’s conduct was sexually motivated, as it was not required to do so. ./JORDAN_Ian_web_decision.pdf- ./JORDAN_Ian_web_decision.pdf-Findings as to unacceptable professional conduct and/or conduct that ./JORDAN_Ian_web_decision.pdf-may bring the profession into disrepute ./JORDAN_Ian_web_decision.pdf-Having found the facts of Particular 1 and part of Particular 3 proven, the panel further ./JORDAN_Ian_web_decision.pdf-finds that your actions amount to unacceptable professional conduct and conduct that ./JORDAN_Ian_web_decision.pdf-may bring the profession into disrepute. ./JORDAN_Ian_web_decision.pdf- ./JORDAN_Ian_web_decision.pdf-In considering the allegations that the panel has found proven, the panel has had regard ./JORDAN_Ian_web_decision.pdf-to the definitions in the Teacher Misconduct – The Prohibition of Teachers advice, which ./JORDAN_Ian_web_decision.pdf-we refer to as the ‘Advice’. -- ./JORDAN_Ian_web_decision.pdf- professional position; ./JORDAN_Ian_web_decision.pdf- o having regard for the need to safeguard pupils’ well-being, in accordance with ./JORDAN_Ian_web_decision.pdf- statutory provisions; ./JORDAN_Ian_web_decision.pdf-  Teachers must have an understanding of, and always act within, the statutory ./JORDAN_Ian_web_decision.pdf- frameworks which set out their professional duties and responsibilities. ./JORDAN_Ian_web_decision.pdf-The panel is satisfied that the conduct of Mr Jordan fell significantly short of the ./JORDAN_Ian_web_decision.pdf-standards expected of the profession. ./JORDAN_Ian_web_decision.pdf- ./JORDAN_Ian_web_decision.pdf-The panel has also considered whether Mr Jordan’s conduct displayed behaviours ./JORDAN_Ian_web_decision.pdf-associated with any of the offences listed on pages 8 and 9 of the Advice and the panel ./JORDAN_Ian_web_decision.pdf:has found that the offence of sexual activity is relevant. ./JORDAN_Ian_web_decision.pdf- ./JORDAN_Ian_web_decision.pdf-The Advice indicates that where behaviours associated with such an offence exist, a ./JORDAN_Ian_web_decision.pdf-panel is likely to conclude that an individual’s conduct would amount to unacceptable ./JORDAN_Ian_web_decision.pdf-professional conduct. ./JORDAN_Ian_web_decision.pdf- ./JORDAN_Ian_web_decision.pdf- ./JORDAN_Ian_web_decision.pdf- ./JORDAN_Ian_web_decision.pdf- 13 ./JORDAN_Ian_web_decision.pdf- -- ./JORDAN_Ian_web_decision.pdf-measure, and whether it is in the public interest to do so. Prohibition orders should not be ./JORDAN_Ian_web_decision.pdf-given in order to be punitive, or to show that blame has been apportioned, although they ./JORDAN_Ian_web_decision.pdf-are likely to have punitive effect. ./JORDAN_Ian_web_decision.pdf- ./JORDAN_Ian_web_decision.pdf-The panel has considered the particular public interest considerations set out in the ./JORDAN_Ian_web_decision.pdf-Advice and having done so has found a number of them to be relevant in this case, ./JORDAN_Ian_web_decision.pdf-namely the protection of pupils, the protection of other members of the public, the ./JORDAN_Ian_web_decision.pdf-maintenance of public confidence in the profession, and declaring and upholding proper ./JORDAN_Ian_web_decision.pdf-standards of conduct. ./JORDAN_Ian_web_decision.pdf- ./JORDAN_Ian_web_decision.pdf:In light of the panel’s findings against Mr Jordan, which involved sexual intercourse with a ./JORDAN_Ian_web_decision.pdf-pupil, there is a strong public interest consideration in respect of the protection of pupils ./JORDAN_Ian_web_decision.pdf-given the serious findings of inappropriate relationships with children. ./JORDAN_Ian_web_decision.pdf- ./JORDAN_Ian_web_decision.pdf- ./JORDAN_Ian_web_decision.pdf- ./JORDAN_Ian_web_decision.pdf- ./JORDAN_Ian_web_decision.pdf- 14 ./JORDAN_Ian_web_decision.pdf- -- ./JORDAN_Ian_web_decision.pdf- pupil. As noted above, the underlying incidents giving rise to the allegations were not ./JORDAN_Ian_web_decision.pdf- isolated incidents and involved several events over a period. This has led the panel to ./JORDAN_Ian_web_decision.pdf- conclude there is a continuing risk. ./JORDAN_Ian_web_decision.pdf- ./JORDAN_Ian_web_decision.pdf-  abuse of position or trust (particularly involving vulnerable pupils) or violation of the ./JORDAN_Ian_web_decision.pdf- rights of pupils; ./JORDAN_Ian_web_decision.pdf- The panel considered that Mr Jordan’s conduct, in relation to all proven allegations, ./JORDAN_Ian_web_decision.pdf- involved abuse of position or trust and his conduct as detailed in the proven elements ./JORDAN_Ian_web_decision.pdf- of the allegations involved violation of the rights of a pupil. ./JORDAN_Ian_web_decision.pdf- ./JORDAN_Ian_web_decision.pdf:  sexual misconduct, eg involving actions that were sexually motivated or of a ./JORDAN_Ian_web_decision.pdf: sexual nature and/or that use or exploit the trust, knowledge or influence derived ./JORDAN_Ian_web_decision.pdf- from the individual’s professional position; ./JORDAN_Ian_web_decision.pdf- The panel notes that the facts found proven arise from Mr Jordan engaging in a ./JORDAN_Ian_web_decision.pdf: sexual relationship with Individual C whilst she was a pupil at Beaminster school. ./JORDAN_Ian_web_decision.pdf- ./JORDAN_Ian_web_decision.pdf- 15 ./JORDAN_Ian_web_decision.pdf- -- ./JORDAN_Ian_web_decision.pdf-with immediate effect. ./JORDAN_Ian_web_decision.pdf- ./JORDAN_Ian_web_decision.pdf-The panel went on to consider whether or not it would be appropriate for them to decide ./JORDAN_Ian_web_decision.pdf-to recommend that a review period of the order should be considered. The panel were ./JORDAN_Ian_web_decision.pdf-mindful that the Advice states that a prohibition order applies for life, but there may be ./JORDAN_Ian_web_decision.pdf-circumstances in any given case that may make it appropriate to allow a teacher to apply ./JORDAN_Ian_web_decision.pdf-to have the prohibition order reviewed after a specified period of time that may not be ./JORDAN_Ian_web_decision.pdf-less than 2 years. ./JORDAN_Ian_web_decision.pdf- ./JORDAN_Ian_web_decision.pdf-The Advice indicates that there are behaviours that, if proven, would militate against a ./JORDAN_Ian_web_decision.pdf:review period being recommended. These behaviours include serious sexual ./JORDAN_Ian_web_decision.pdf:misconduct, eg where the act was sexually motivated and resulted in or had the potential ./JORDAN_Ian_web_decision.pdf-to result in, harm to a person or persons, particularly where the individual has used their ./JORDAN_Ian_web_decision.pdf-professional position to influence or exploit a person or persons. The panel has found ./JORDAN_Ian_web_decision.pdf:that Mr Jordan has been responsible for having sexual intercourse with a pupil. ./JORDAN_Ian_web_decision.pdf- ./JORDAN_Ian_web_decision.pdf- ./JORDAN_Ian_web_decision.pdf- ./JORDAN_Ian_web_decision.pdf- 16 ./JORDAN_Ian_web_decision.pdf- -- ./JORDAN_Ian_web_decision.pdf-The panel felt the findings indicated a situation in which a review period would not be ./JORDAN_Ian_web_decision.pdf-appropriate and as such decided that it would be proportionate in all the circumstances ./JORDAN_Ian_web_decision.pdf-for the prohibition order to be recommended without provisions for a review period. ./JORDAN_Ian_web_decision.pdf- ./JORDAN_Ian_web_decision.pdf- ./JORDAN_Ian_web_decision.pdf-Decision and reasons on behalf of the Secretary of State ./JORDAN_Ian_web_decision.pdf-I have given very careful consideration to this case and to the recommendations made by ./JORDAN_Ian_web_decision.pdf-the panel in respect of both sanction and review. ./JORDAN_Ian_web_decision.pdf- ./JORDAN_Ian_web_decision.pdf-This is a very serious case and in the light of the panel’s findings against Mr Jordan, ./JORDAN_Ian_web_decision.pdf:which involved sexual intercourse with a pupil, there is a strong public interest ./JORDAN_Ian_web_decision.pdf-consideration in respect of the protection of pupils given the serious findings of ./JORDAN_Ian_web_decision.pdf-inappropriate relationships with children. ./JORDAN_Ian_web_decision.pdf- ./JORDAN_Ian_web_decision.pdf-I have noted that the panel has paid particular attention to the need to consider how ./JORDAN_Ian_web_decision.pdf-public confidence in the profession could be seriously weakened if conduct such as that ./JORDAN_Ian_web_decision.pdf-found against Mr Jordan were not treated with the utmost seriousness when regulating ./JORDAN_Ian_web_decision.pdf-the conduct of the profession. ./JORDAN_Ian_web_decision.pdf- ./JORDAN_Ian_web_decision.pdf-The panel considered that a strong public interest consideration in declaring proper ./JORDAN_Ian_web_decision.pdf-standards of conduct in the profession was present as the conduct found against Mr ./Joseph_David_Harvey__13121__-__SoS_WEB_decision__Unrestricted_.pdf- 2. Engaged in inappropriate communications and/or conversations with Pupil A ./Joseph_David_Harvey__13121__-__SoS_WEB_decision__Unrestricted_.pdf- including; ./Joseph_David_Harvey__13121__-__SoS_WEB_decision__Unrestricted_.pdf- ./Joseph_David_Harvey__13121__-__SoS_WEB_decision__Unrestricted_.pdf- a. Gave Pupil A his personal email address; ./Joseph_David_Harvey__13121__-__SoS_WEB_decision__Unrestricted_.pdf- ./Joseph_David_Harvey__13121__-__SoS_WEB_decision__Unrestricted_.pdf- b. Exchanging messages with her on BlackBerry messenger and/or similar ./Joseph_David_Harvey__13121__-__SoS_WEB_decision__Unrestricted_.pdf- messaging facility; ./Joseph_David_Harvey__13121__-__SoS_WEB_decision__Unrestricted_.pdf- ./Joseph_David_Harvey__13121__-__SoS_WEB_decision__Unrestricted_.pdf- c. Engaging in correspondence with her via Facebook; ./Joseph_David_Harvey__13121__-__SoS_WEB_decision__Unrestricted_.pdf- ./Joseph_David_Harvey__13121__-__SoS_WEB_decision__Unrestricted_.pdf: d. Engaging in sexualised conversations with her; ./Joseph_David_Harvey__13121__-__SoS_WEB_decision__Unrestricted_.pdf- ./Joseph_David_Harvey__13121__-__SoS_WEB_decision__Unrestricted_.pdf- e. Stating to her that he “loved her” ./Joseph_David_Harvey__13121__-__SoS_WEB_decision__Unrestricted_.pdf- ./Joseph_David_Harvey__13121__-__SoS_WEB_decision__Unrestricted_.pdf- f. Asking her to come to his house as; ./Joseph_David_Harvey__13121__-__SoS_WEB_decision__Unrestricted_.pdf- ./Joseph_David_Harvey__13121__-__SoS_WEB_decision__Unrestricted_.pdf- i. He had alcohol and; ./Joseph_David_Harvey__13121__-__SoS_WEB_decision__Unrestricted_.pdf- ./Joseph_David_Harvey__13121__-__SoS_WEB_decision__Unrestricted_.pdf- g. ii. Offering to pay for her taxi ./Joseph_David_Harvey__13121__-__SoS_WEB_decision__Unrestricted_.pdf- ./Joseph_David_Harvey__13121__-__SoS_WEB_decision__Unrestricted_.pdf- 3. Acted inappropriately with Pupil A in that he: -- ./Joseph_David_Harvey__13121__-__SoS_WEB_decision__Unrestricted_.pdf- c. Asking her to come to his house ./Joseph_David_Harvey__13121__-__SoS_WEB_decision__Unrestricted_.pdf- ./Joseph_David_Harvey__13121__-__SoS_WEB_decision__Unrestricted_.pdf- 5. Acted inappropriately with Pupil B in that he; ./Joseph_David_Harvey__13121__-__SoS_WEB_decision__Unrestricted_.pdf- ./Joseph_David_Harvey__13121__-__SoS_WEB_decision__Unrestricted_.pdf- a. Offered to buy her a drink; ./Joseph_David_Harvey__13121__-__SoS_WEB_decision__Unrestricted_.pdf- ./Joseph_David_Harvey__13121__-__SoS_WEB_decision__Unrestricted_.pdf- b. Invited her to his home ./Joseph_David_Harvey__13121__-__SoS_WEB_decision__Unrestricted_.pdf- ./Joseph_David_Harvey__13121__-__SoS_WEB_decision__Unrestricted_.pdf- 6. Had one or more students and/or ex-students, as friend on his Facebook account. ./Joseph_David_Harvey__13121__-__SoS_WEB_decision__Unrestricted_.pdf- ./Joseph_David_Harvey__13121__-__SoS_WEB_decision__Unrestricted_.pdf: 7. In doing 1, 2, 3, 4 and/or 5 above his conduct was sexually motivated. ./Joseph_David_Harvey__13121__-__SoS_WEB_decision__Unrestricted_.pdf- ./Joseph_David_Harvey__13121__-__SoS_WEB_decision__Unrestricted_.pdf- 8. In initial interviews with the Police he provided false information regarding the ./Joseph_David_Harvey__13121__-__SoS_WEB_decision__Unrestricted_.pdf- details of his relationship with Pupil A; ./Joseph_David_Harvey__13121__-__SoS_WEB_decision__Unrestricted_.pdf- ./Joseph_David_Harvey__13121__-__SoS_WEB_decision__Unrestricted_.pdf- 9. In so doing at 8 above, his conduct was dishonest in that he deliberately denied ./Joseph_David_Harvey__13121__-__SoS_WEB_decision__Unrestricted_.pdf- facts he knew to be true. ./Joseph_David_Harvey__13121__-__SoS_WEB_decision__Unrestricted_.pdf- ./Joseph_David_Harvey__13121__-__SoS_WEB_decision__Unrestricted_.pdf-The above allegations are not admitted. ./Joseph_David_Harvey__13121__-__SoS_WEB_decision__Unrestricted_.pdf- ./Joseph_David_Harvey__13121__-__SoS_WEB_decision__Unrestricted_.pdf- -- ./Joseph_David_Harvey__13121__-__SoS_WEB_decision__Unrestricted_.pdf- ./Joseph_David_Harvey__13121__-__SoS_WEB_decision__Unrestricted_.pdf-On or around the 6 March 2013, a member of the school spoke to Pupil A who confirmed ./Joseph_David_Harvey__13121__-__SoS_WEB_decision__Unrestricted_.pdf-what she had told her mother, but also said that Mr Harvey had tried to kiss her and had ./Joseph_David_Harvey__13121__-__SoS_WEB_decision__Unrestricted_.pdf-tried to contact her but she had cut all communications with him. In addition, she said ./Joseph_David_Harvey__13121__-__SoS_WEB_decision__Unrestricted_.pdf-that Mr Harvey had also contacted one of her friends, Pupil B. ./Joseph_David_Harvey__13121__-__SoS_WEB_decision__Unrestricted_.pdf- ./Joseph_David_Harvey__13121__-__SoS_WEB_decision__Unrestricted_.pdf-On 8 March 2013, the deputy principal, contacted the child protection officer and the ./Joseph_David_Harvey__13121__-__SoS_WEB_decision__Unrestricted_.pdf-reports were passed onto the LADO and the police. Mr Harvey was arrested later that ./Joseph_David_Harvey__13121__-__SoS_WEB_decision__Unrestricted_.pdf-day at his home address. ./Joseph_David_Harvey__13121__-__SoS_WEB_decision__Unrestricted_.pdf- ./Joseph_David_Harvey__13121__-__SoS_WEB_decision__Unrestricted_.pdf:On 29 May 2014, following a criminal trial, Mr Harvey was acquitted of sexual assault. ./Joseph_David_Harvey__13121__-__SoS_WEB_decision__Unrestricted_.pdf- ./Joseph_David_Harvey__13121__-__SoS_WEB_decision__Unrestricted_.pdf-Findings of fact ./Joseph_David_Harvey__13121__-__SoS_WEB_decision__Unrestricted_.pdf-Our findings of fact are as follows: ./Joseph_David_Harvey__13121__-__SoS_WEB_decision__Unrestricted_.pdf- ./Joseph_David_Harvey__13121__-__SoS_WEB_decision__Unrestricted_.pdf-We have found the following particulars of the allegation(s) against you proven, for these ./Joseph_David_Harvey__13121__-__SoS_WEB_decision__Unrestricted_.pdf-reasons: ./Joseph_David_Harvey__13121__-__SoS_WEB_decision__Unrestricted_.pdf- ./Joseph_David_Harvey__13121__-__SoS_WEB_decision__Unrestricted_.pdf- 1. Engaged in inappropriate physical contact with Pupil A in that you: ./Joseph_David_Harvey__13121__-__SoS_WEB_decision__Unrestricted_.pdf- ./Joseph_David_Harvey__13121__-__SoS_WEB_decision__Unrestricted_.pdf- a. Kissed her or attempted to do so; -- ./Joseph_David_Harvey__13121__-__SoS_WEB_decision__Unrestricted_.pdf- c. Engaging in correspondence with her via Facebook; ./Joseph_David_Harvey__13121__-__SoS_WEB_decision__Unrestricted_.pdf- ./Joseph_David_Harvey__13121__-__SoS_WEB_decision__Unrestricted_.pdf-These allegations have been admitted by Mr Harvey in his response to the allegations ./Joseph_David_Harvey__13121__-__SoS_WEB_decision__Unrestricted_.pdf-(pages 146 and 167 to 170 of the hearing bundle) and verified by the evidence of Pupil A ./Joseph_David_Harvey__13121__-__SoS_WEB_decision__Unrestricted_.pdf-(pages 106 to 107 and 137 of the hearing bundle). Having regard to appropriate ./Joseph_David_Harvey__13121__-__SoS_WEB_decision__Unrestricted_.pdf-teacher/pupil relationships, the panel concluded that these actions were inappropriate ./Joseph_David_Harvey__13121__-__SoS_WEB_decision__Unrestricted_.pdf-and consequently find the allegations to be proved. ./Joseph_David_Harvey__13121__-__SoS_WEB_decision__Unrestricted_.pdf- ./Joseph_David_Harvey__13121__-__SoS_WEB_decision__Unrestricted_.pdf: d. Engaging in sexualised conversations with her; ./Joseph_David_Harvey__13121__-__SoS_WEB_decision__Unrestricted_.pdf- ./Joseph_David_Harvey__13121__-__SoS_WEB_decision__Unrestricted_.pdf-This allegation has been denied by Mr Harvey in his response to the allegations (pages ./Joseph_David_Harvey__13121__-__SoS_WEB_decision__Unrestricted_.pdf-167 to 170 of the hearing bundle). ./Joseph_David_Harvey__13121__-__SoS_WEB_decision__Unrestricted_.pdf- ./Joseph_David_Harvey__13121__-__SoS_WEB_decision__Unrestricted_.pdf-The panel considered the written statement of Pupil A (page 100 of the hearing bundle) ./Joseph_David_Harvey__13121__-__SoS_WEB_decision__Unrestricted_.pdf-and the transcript of her interview with the police (page 114 of the hearing bundle) where ./Joseph_David_Harvey__13121__-__SoS_WEB_decision__Unrestricted_.pdf:she detailed the nature of the sexualised conversations. This account was consistent ./Joseph_David_Harvey__13121__-__SoS_WEB_decision__Unrestricted_.pdf-with Pupil A’s handwritten note of events which was taken around 6 March 2013 where ./Joseph_David_Harvey__13121__-__SoS_WEB_decision__Unrestricted_.pdf:she stated “the messages continued and became sexual” (page 137 of the hearing ./Joseph_David_Harvey__13121__-__SoS_WEB_decision__Unrestricted_.pdf-bundle). ./Joseph_David_Harvey__13121__-__SoS_WEB_decision__Unrestricted_.pdf- ./Joseph_David_Harvey__13121__-__SoS_WEB_decision__Unrestricted_.pdf-The panel also considered the judicial summing up of the criminal case against Mr ./Joseph_David_Harvey__13121__-__SoS_WEB_decision__Unrestricted_.pdf-Harvey where these facts were relayed to the jury (pages 68 to 69 of the hearing bundle). ./Joseph_David_Harvey__13121__-__SoS_WEB_decision__Unrestricted_.pdf-The panel is aware that the outcome of that hearing is not determinative of the facts ./Joseph_David_Harvey__13121__-__SoS_WEB_decision__Unrestricted_.pdf-before the panel members and that they are required to turn their own independent mind ./Joseph_David_Harvey__13121__-__SoS_WEB_decision__Unrestricted_.pdf-to the issues before them, that the evidence before that hearing may be taken into ./Joseph_David_Harvey__13121__-__SoS_WEB_decision__Unrestricted_.pdf-account by the panel when assessing whether the facts of this case have been found ./Joseph_David_Harvey__13121__-__SoS_WEB_decision__Unrestricted_.pdf-proven. The panel was minded to attach weight to the evidence within the judicial ./Joseph_David_Harvey__13121__-__SoS_WEB_decision__Unrestricted_.pdf-summing up, particularly as such evidence was not challenged by either party during that -- ./Joseph_David_Harvey__13121__-__SoS_WEB_decision__Unrestricted_.pdf-with Pupil B (pages 185 to 186 of the hearing bundle) where she named a number of ./Joseph_David_Harvey__13121__-__SoS_WEB_decision__Unrestricted_.pdf-female students that received a Facebook request from Mr Harvey. ./Joseph_David_Harvey__13121__-__SoS_WEB_decision__Unrestricted_.pdf- ./Joseph_David_Harvey__13121__-__SoS_WEB_decision__Unrestricted_.pdf-The panel considered all the evidence and found, on the balance of probabilities, that Mr ./Joseph_David_Harvey__13121__-__SoS_WEB_decision__Unrestricted_.pdf-Harvey had one or more students and/or ex-students as a “friend” on his Facebook ./Joseph_David_Harvey__13121__-__SoS_WEB_decision__Unrestricted_.pdf-account and consequently find the allegation to be proved. ./Joseph_David_Harvey__13121__-__SoS_WEB_decision__Unrestricted_.pdf- ./Joseph_David_Harvey__13121__-__SoS_WEB_decision__Unrestricted_.pdf: 7. In doing 1, 2, 3, 4 and/or 5 above your conduct was sexually motivated ./Joseph_David_Harvey__13121__-__SoS_WEB_decision__Unrestricted_.pdf- ./Joseph_David_Harvey__13121__-__SoS_WEB_decision__Unrestricted_.pdf-In relation to the allegations found proven, the panel considered the two stage test for ./Joseph_David_Harvey__13121__-__SoS_WEB_decision__Unrestricted_.pdf:sexual motivation – firstly, whether a reasonable person would think the words and/or ./Joseph_David_Harvey__13121__-__SoS_WEB_decision__Unrestricted_.pdf:actions could be sexual and secondly, whether the purpose of such words and/or actions ./Joseph_David_Harvey__13121__-__SoS_WEB_decision__Unrestricted_.pdf:was sexual in all the circumstances of the case. ./Joseph_David_Harvey__13121__-__SoS_WEB_decision__Unrestricted_.pdf- ./Joseph_David_Harvey__13121__-__SoS_WEB_decision__Unrestricted_.pdf:Mr Harvey denied that his actions were sexually motivated, stating that “my actions were ./Joseph_David_Harvey__13121__-__SoS_WEB_decision__Unrestricted_.pdf-an unfortunate misinterpretation and nothing else” (page 169 of the hearing bundle). He ./Joseph_David_Harvey__13121__-__SoS_WEB_decision__Unrestricted_.pdf-explained that the communications and conversations with Pupil A and B were merely ./Joseph_David_Harvey__13121__-__SoS_WEB_decision__Unrestricted_.pdf-concerning their future studies and were discussing Pupil A being bullied (pages 156 to ./Joseph_David_Harvey__13121__-__SoS_WEB_decision__Unrestricted_.pdf-157 of the hearing bundle). However, the panel noted that nature of the allegations ./Joseph_David_Harvey__13121__-__SoS_WEB_decision__Unrestricted_.pdf-found proven against Mr Harvey which included, but not limited to, the following ./Joseph_David_Harvey__13121__-__SoS_WEB_decision__Unrestricted_.pdf-inappropriate words and/or actions: ./Joseph_David_Harvey__13121__-__SoS_WEB_decision__Unrestricted_.pdf- ./Joseph_David_Harvey__13121__-__SoS_WEB_decision__Unrestricted_.pdf-  kissing and hugging Pupil A, ./Joseph_David_Harvey__13121__-__SoS_WEB_decision__Unrestricted_.pdf-  providing Pupil A with his personal email address and engaging in conversations ./Joseph_David_Harvey__13121__-__SoS_WEB_decision__Unrestricted_.pdf- with Pupil A on social media messaging facilities, such conversations being of a ./Joseph_David_Harvey__13121__-__SoS_WEB_decision__Unrestricted_.pdf: sexualised nature, ./Joseph_David_Harvey__13121__-__SoS_WEB_decision__Unrestricted_.pdf-  inviting Pupil A to his house, offering to pay for her taxi and offering Pupil A (an ./Joseph_David_Harvey__13121__-__SoS_WEB_decision__Unrestricted_.pdf- underage girl at the time) alcohol, ./Joseph_David_Harvey__13121__-__SoS_WEB_decision__Unrestricted_.pdf-  allowing Pupil A into his house and on one occasion into his bedroom whilst ./Joseph_David_Harvey__13121__-__SoS_WEB_decision__Unrestricted_.pdf- getting changed, ./Joseph_David_Harvey__13121__-__SoS_WEB_decision__Unrestricted_.pdf-  inviting Pupil B to become friends on Facebook, asking her (an underage girl at ./Joseph_David_Harvey__13121__-__SoS_WEB_decision__Unrestricted_.pdf- the time) to meet him at a public house and offering to buy her a drink, and ./Joseph_David_Harvey__13121__-__SoS_WEB_decision__Unrestricted_.pdf-  inviting Pupil B to his home. ./Joseph_David_Harvey__13121__-__SoS_WEB_decision__Unrestricted_.pdf-Upon consideration of the evidence, and following a detailed discussion regarding the ./Joseph_David_Harvey__13121__-__SoS_WEB_decision__Unrestricted_.pdf:test to be applied for a finding of sexual motivation, the panel decided it was satisfied that ./Joseph_David_Harvey__13121__-__SoS_WEB_decision__Unrestricted_.pdf:Mr Harvey’s words and/or actions would be viewed by a reasonable person as sexual. In ./Joseph_David_Harvey__13121__-__SoS_WEB_decision__Unrestricted_.pdf-reaching its decision, the panel noted that the very nature of the actions (for instance ./Joseph_David_Harvey__13121__-__SoS_WEB_decision__Unrestricted_.pdf:kissing) and of the words (for instance asking sexualised questions) would suffice to ./Joseph_David_Harvey__13121__-__SoS_WEB_decision__Unrestricted_.pdf-satisfy this element of the test. ./Joseph_David_Harvey__13121__-__SoS_WEB_decision__Unrestricted_.pdf- ./Joseph_David_Harvey__13121__-__SoS_WEB_decision__Unrestricted_.pdf-Turning to the second limb, whether in all the circumstances of the conduct in the case, ./Joseph_David_Harvey__13121__-__SoS_WEB_decision__Unrestricted_.pdf:the purpose of such actions was sexual on Mr Harvey’s part. The panel was satisfied, in ./Joseph_David_Harvey__13121__-__SoS_WEB_decision__Unrestricted_.pdf-the absence of any reasonable explanation, that Mr Harvey’s intention behind these ./Joseph_David_Harvey__13121__-__SoS_WEB_decision__Unrestricted_.pdf- ./Joseph_David_Harvey__13121__-__SoS_WEB_decision__Unrestricted_.pdf- 17 ./Joseph_David_Harvey__13121__-__SoS_WEB_decision__Unrestricted_.pdf- -- ./Joseph_David_Harvey__13121__-__SoS_WEB_decision__Unrestricted_.pdf:actions and words was indeed sexual. His explanation that he merely sought to assist ./Joseph_David_Harvey__13121__-__SoS_WEB_decision__Unrestricted_.pdf-the former students with their future studies and plans lack credibility when considered in ./Joseph_David_Harvey__13121__-__SoS_WEB_decision__Unrestricted_.pdf-the context of the allegations found proven. Therefore, the panel find this allegation ./Joseph_David_Harvey__13121__-__SoS_WEB_decision__Unrestricted_.pdf-proven. ./Joseph_David_Harvey__13121__-__SoS_WEB_decision__Unrestricted_.pdf- ./Joseph_David_Harvey__13121__-__SoS_WEB_decision__Unrestricted_.pdf-As the panel did not find allegation 2e proved on the fact, the panel did not consider ./Joseph_David_Harvey__13121__-__SoS_WEB_decision__Unrestricted_.pdf:whether Mr Harvey’s conduct in this particular was sexually motivated, as it was not ./Joseph_David_Harvey__13121__-__SoS_WEB_decision__Unrestricted_.pdf-required to do so. ./Joseph_David_Harvey__13121__-__SoS_WEB_decision__Unrestricted_.pdf- ./Joseph_David_Harvey__13121__-__SoS_WEB_decision__Unrestricted_.pdf- 8. In initial interviews with the Police you provided false information regarding ./Joseph_David_Harvey__13121__-__SoS_WEB_decision__Unrestricted_.pdf- the details of your relationship with Pupil A; ./Joseph_David_Harvey__13121__-__SoS_WEB_decision__Unrestricted_.pdf- ./Joseph_David_Harvey__13121__-__SoS_WEB_decision__Unrestricted_.pdf-The panel considered the transcript of the police interview with Mr Harvey dated 8 March ./Joseph_David_Harvey__13121__-__SoS_WEB_decision__Unrestricted_.pdf-2013, at pages 154 to 155 of the hearing bundle, where he denied that Pupil A came to ./Joseph_David_Harvey__13121__-__SoS_WEB_decision__Unrestricted_.pdf-his house following meeting with her at the pub to charge her phone, stating that on ./Joseph_David_Harvey__13121__-__SoS_WEB_decision__Unrestricted_.pdf-another occasion she turned up at his house uninvited. The panel also considered the ./Joseph_David_Harvey__13121__-__SoS_WEB_decision__Unrestricted_.pdf-judicial summing up at pages 48 to 49 of the hearing bundle where the judge said “what -- ./Joseph_David_Harvey__13121__-__SoS_WEB_decision__Unrestricted_.pdf-standards expected of the profession. Having established contact with Pupil A outside of ./Joseph_David_Harvey__13121__-__SoS_WEB_decision__Unrestricted_.pdf-the school environment, Pupil A being someone, by his own admission, that had been ./Joseph_David_Harvey__13121__-__SoS_WEB_decision__Unrestricted_.pdf-bullied and therefore vulnerable, proceeded to invite her to his house and on one ./Joseph_David_Harvey__13121__-__SoS_WEB_decision__Unrestricted_.pdf-occasion when she was at his house he kissed and hugged her. On a separate ./Joseph_David_Harvey__13121__-__SoS_WEB_decision__Unrestricted_.pdf-occasion, he purchased alcohol for Pupil A. The panel noted Mr Harvey began engaging ./Joseph_David_Harvey__13121__-__SoS_WEB_decision__Unrestricted_.pdf-in a similar pattern of behaviour with Pupil B, where he invited her to his house and also ./Joseph_David_Harvey__13121__-__SoS_WEB_decision__Unrestricted_.pdf-invited her to meet him at the pub. ./Joseph_David_Harvey__13121__-__SoS_WEB_decision__Unrestricted_.pdf- ./Joseph_David_Harvey__13121__-__SoS_WEB_decision__Unrestricted_.pdf-The panel has also considered whether Mr Harvey’s conduct displayed behaviours ./Joseph_David_Harvey__13121__-__SoS_WEB_decision__Unrestricted_.pdf-associated with any of the offences listed on pages 8 and 9 of the Advice and the panel ./Joseph_David_Harvey__13121__-__SoS_WEB_decision__Unrestricted_.pdf:has found that the offences of serious dishonesty and sexual activity are relevant given ./Joseph_David_Harvey__13121__-__SoS_WEB_decision__Unrestricted_.pdf-the findings in relation to allegations 7, 8 and 9. ./Joseph_David_Harvey__13121__-__SoS_WEB_decision__Unrestricted_.pdf- ./Joseph_David_Harvey__13121__-__SoS_WEB_decision__Unrestricted_.pdf-The Advice indicates that where behaviours associated with such an offence exist, a ./Joseph_David_Harvey__13121__-__SoS_WEB_decision__Unrestricted_.pdf-panel is likely to conclude that an individual’s conduct would amount to unacceptable ./Joseph_David_Harvey__13121__-__SoS_WEB_decision__Unrestricted_.pdf-professional conduct. ./Joseph_David_Harvey__13121__-__SoS_WEB_decision__Unrestricted_.pdf- ./Joseph_David_Harvey__13121__-__SoS_WEB_decision__Unrestricted_.pdf- ./Joseph_David_Harvey__13121__-__SoS_WEB_decision__Unrestricted_.pdf- ./Joseph_David_Harvey__13121__-__SoS_WEB_decision__Unrestricted_.pdf- ./Joseph_David_Harvey__13121__-__SoS_WEB_decision__Unrestricted_.pdf- 20 -- ./Joseph_David_Harvey__13121__-__SoS_WEB_decision__Unrestricted_.pdf- The panel considered that Mr Harvey’s conduct, in relation to the proven ./Joseph_David_Harvey__13121__-__SoS_WEB_decision__Unrestricted_.pdf- allegation, involved abuse of position or trust and his conduct as detailed in the ./Joseph_David_Harvey__13121__-__SoS_WEB_decision__Unrestricted_.pdf- proven elements of the allegations involved a violation of the rights of pupils. ./Joseph_David_Harvey__13121__-__SoS_WEB_decision__Unrestricted_.pdf-  dishonesty especially where there have been serious consequences, and/or it has ./Joseph_David_Harvey__13121__-__SoS_WEB_decision__Unrestricted_.pdf- been repeated and/or covered up; ./Joseph_David_Harvey__13121__-__SoS_WEB_decision__Unrestricted_.pdf- The panel has found allegation 8 and 9 proven, noting that Mr Harvey acted ./Joseph_David_Harvey__13121__-__SoS_WEB_decision__Unrestricted_.pdf- dishonestly when he provided false information to the police regarding his ./Joseph_David_Harvey__13121__-__SoS_WEB_decision__Unrestricted_.pdf- relationship with Pupil A. He sought to cover up the truth of the relationship by ./Joseph_David_Harvey__13121__-__SoS_WEB_decision__Unrestricted_.pdf- seeking to discredit the account given by Pupil A, seeking to cast doubt over her ./Joseph_David_Harvey__13121__-__SoS_WEB_decision__Unrestricted_.pdf- character and credibility. ./Joseph_David_Harvey__13121__-__SoS_WEB_decision__Unrestricted_.pdf:  sexual misconduct, eg involving actions that were sexually motivated or of a ./Joseph_David_Harvey__13121__-__SoS_WEB_decision__Unrestricted_.pdf: sexual nature and/or that use or exploit the trust, knowledge or influence derived ./Joseph_David_Harvey__13121__-__SoS_WEB_decision__Unrestricted_.pdf- from the individual’s professional position; ./Joseph_David_Harvey__13121__-__SoS_WEB_decision__Unrestricted_.pdf- The panel found allegation 7 proven, noting that Mr Harvey’s actions were ./Joseph_David_Harvey__13121__-__SoS_WEB_decision__Unrestricted_.pdf: sexually motivated and exploited the trust he gained from his position as a teacher ./Joseph_David_Harvey__13121__-__SoS_WEB_decision__Unrestricted_.pdf- in order to engage with Pupils A and B. ./Joseph_David_Harvey__13121__-__SoS_WEB_decision__Unrestricted_.pdf-Even though there were behaviours that would point to a prohibition order being ./Joseph_David_Harvey__13121__-__SoS_WEB_decision__Unrestricted_.pdf-appropriate, the panel went on to consider whether or not there were sufficient mitigating ./Joseph_David_Harvey__13121__-__SoS_WEB_decision__Unrestricted_.pdf-factors to militate against a prohibition order being an appropriate and proportionate ./Joseph_David_Harvey__13121__-__SoS_WEB_decision__Unrestricted_.pdf-measure to impose, particularly taking into account the nature and severity of the ./Joseph_David_Harvey__13121__-__SoS_WEB_decision__Unrestricted_.pdf-behaviour in this case. In particular: ./Joseph_David_Harvey__13121__-__SoS_WEB_decision__Unrestricted_.pdf- ./Joseph_David_Harvey__13121__-__SoS_WEB_decision__Unrestricted_.pdf-  There was no evidence to suggest that Mr Harvey’s actions were not deliberate. ./Joseph_David_Harvey__13121__-__SoS_WEB_decision__Unrestricted_.pdf- ./Joseph_David_Harvey__13121__-__SoS_WEB_decision__Unrestricted_.pdf-  There was no evidence to suggest that Mr Harvey was acting under duress, and in -- ./Joseph_David_Harvey__13121__-__SoS_WEB_decision__Unrestricted_.pdf-  The panel noted that, in his role as a teacher, Mr Harvey had not been subject to ./Joseph_David_Harvey__13121__-__SoS_WEB_decision__Unrestricted_.pdf- any formal disciplinary proceedings. ./Joseph_David_Harvey__13121__-__SoS_WEB_decision__Unrestricted_.pdf- ./Joseph_David_Harvey__13121__-__SoS_WEB_decision__Unrestricted_.pdf-  The panel also noted the evidence before it that Mr Harvey was an effective ./Joseph_David_Harvey__13121__-__SoS_WEB_decision__Unrestricted_.pdf- teacher and draw upon the testimonies provided in the hearing bundle. ./Joseph_David_Harvey__13121__-__SoS_WEB_decision__Unrestricted_.pdf- ./Joseph_David_Harvey__13121__-__SoS_WEB_decision__Unrestricted_.pdf-In light of the above, the panel is of the view that prohibition is both proportionate and ./Joseph_David_Harvey__13121__-__SoS_WEB_decision__Unrestricted_.pdf-appropriate. The panel has decided that the public interest considerations outweigh the ./Joseph_David_Harvey__13121__-__SoS_WEB_decision__Unrestricted_.pdf-interests of Mr Harvey. Mr Harvey’s abuse of his position of trust and the serious impact ./Joseph_David_Harvey__13121__-__SoS_WEB_decision__Unrestricted_.pdf-of his conduct on the pupils, together with the nature of the allegations found proven ./Joseph_David_Harvey__13121__-__SoS_WEB_decision__Unrestricted_.pdf:pertaining to dishonesty and sexual motivation were significant factors in forming that ./Joseph_David_Harvey__13121__-__SoS_WEB_decision__Unrestricted_.pdf-opinion. Accordingly, the panel makes a recommendation to the Secretary of State that a ./Joseph_David_Harvey__13121__-__SoS_WEB_decision__Unrestricted_.pdf-prohibition order should be imposed with immediate effect. ./Joseph_David_Harvey__13121__-__SoS_WEB_decision__Unrestricted_.pdf- ./Joseph_David_Harvey__13121__-__SoS_WEB_decision__Unrestricted_.pdf-The panel went on to consider whether or not it would be appropriate for it to decide to ./Joseph_David_Harvey__13121__-__SoS_WEB_decision__Unrestricted_.pdf-recommend that a review period of the order should be considered. The panel was ./Joseph_David_Harvey__13121__-__SoS_WEB_decision__Unrestricted_.pdf- ./Joseph_David_Harvey__13121__-__SoS_WEB_decision__Unrestricted_.pdf- 23 ./Joseph_David_Harvey__13121__-__SoS_WEB_decision__Unrestricted_.pdf- -- ./Joseph_David_Harvey__13121__-__SoS_WEB_decision__Unrestricted_.pdf-mindful that the Advice advises that a prohibition order applies for life, but there may be ./Joseph_David_Harvey__13121__-__SoS_WEB_decision__Unrestricted_.pdf-circumstances in any given case that may make it appropriate to allow a teacher to apply ./Joseph_David_Harvey__13121__-__SoS_WEB_decision__Unrestricted_.pdf-to have the prohibition order reviewed after a specified period of time that may not be ./Joseph_David_Harvey__13121__-__SoS_WEB_decision__Unrestricted_.pdf-less than 2 years. ./Joseph_David_Harvey__13121__-__SoS_WEB_decision__Unrestricted_.pdf- ./Joseph_David_Harvey__13121__-__SoS_WEB_decision__Unrestricted_.pdf-The Advice indicates that there are behaviours that, if proven, would militate against a ./Joseph_David_Harvey__13121__-__SoS_WEB_decision__Unrestricted_.pdf-review period being recommended. These behaviours include fraud or serious ./Joseph_David_Harvey__13121__-__SoS_WEB_decision__Unrestricted_.pdf:dishonesty and serious sexual misconduct, eg where the act was sexually motivated and ./Joseph_David_Harvey__13121__-__SoS_WEB_decision__Unrestricted_.pdf-resulted in or had the potential to result in, harm to a person or persons, particularly ./Joseph_David_Harvey__13121__-__SoS_WEB_decision__Unrestricted_.pdf-where the individual has used their professional position to influence or exploit a person ./Joseph_David_Harvey__13121__-__SoS_WEB_decision__Unrestricted_.pdf-or persons. ./Joseph_David_Harvey__13121__-__SoS_WEB_decision__Unrestricted_.pdf- ./Joseph_David_Harvey__13121__-__SoS_WEB_decision__Unrestricted_.pdf-The panel has found that Mr Harvey has been found to have abused his position of trust ./Joseph_David_Harvey__13121__-__SoS_WEB_decision__Unrestricted_.pdf-and acted in an inappropriate manner towards pupils, resulting in him kissing one pupil ./Joseph_David_Harvey__13121__-__SoS_WEB_decision__Unrestricted_.pdf-and buying her alcohol whilst she was under the legal drinking age and furthermore, ./Joseph_David_Harvey__13121__-__SoS_WEB_decision__Unrestricted_.pdf-providing false information to the police regarding his relationship with Pupil A. ./Joseph_David_Harvey__13121__-__SoS_WEB_decision__Unrestricted_.pdf- ./Joseph_David_Harvey__13121__-__SoS_WEB_decision__Unrestricted_.pdf-The panel felt the findings indicated a situation in which a review period would not be -- ./Joseph_David_Harvey__13121__-__SoS_WEB_decision__Unrestricted_.pdf-short of the standards expected of the profession. Having established contact with Pupil ./Joseph_David_Harvey__13121__-__SoS_WEB_decision__Unrestricted_.pdf-A outside of the school environment, Pupil A being someone, by his own admission, that ./Joseph_David_Harvey__13121__-__SoS_WEB_decision__Unrestricted_.pdf-had been bullied and therefore vulnerable, he proceeded to invite her to his house and ./Joseph_David_Harvey__13121__-__SoS_WEB_decision__Unrestricted_.pdf-on one occasion when she was at his house he kissed and hugged her. On a separate ./Joseph_David_Harvey__13121__-__SoS_WEB_decision__Unrestricted_.pdf-occasion, he purchased alcohol for Pupil A. I have taken into account the fact that the ./Joseph_David_Harvey__13121__-__SoS_WEB_decision__Unrestricted_.pdf-panel noted Mr Harvey began engaging in a similar pattern of behaviour with Pupil B, ./Joseph_David_Harvey__13121__-__SoS_WEB_decision__Unrestricted_.pdf-where he invited her to his house and also invited her to meet him at a public house. ./Joseph_David_Harvey__13121__-__SoS_WEB_decision__Unrestricted_.pdf- ./Joseph_David_Harvey__13121__-__SoS_WEB_decision__Unrestricted_.pdf-I note too that the panel has also considered whether Mr Harvey’s conduct displayed ./Joseph_David_Harvey__13121__-__SoS_WEB_decision__Unrestricted_.pdf-behaviours associated with any of the offences listed on pages 8 and 9 of the Advice and ./Joseph_David_Harvey__13121__-__SoS_WEB_decision__Unrestricted_.pdf:the panel has found that the offences of serious dishonesty and sexual activity are ./Joseph_David_Harvey__13121__-__SoS_WEB_decision__Unrestricted_.pdf-relevant given the findings in relation to allegations 7, 8 and 9. ./Joseph_David_Harvey__13121__-__SoS_WEB_decision__Unrestricted_.pdf- ./Joseph_David_Harvey__13121__-__SoS_WEB_decision__Unrestricted_.pdf-Mr Harvey has displayed behaviours that are: ./Joseph_David_Harvey__13121__-__SoS_WEB_decision__Unrestricted_.pdf- ./Joseph_David_Harvey__13121__-__SoS_WEB_decision__Unrestricted_.pdf-  A serious departure from the personal and professional conduct elements of the ./Joseph_David_Harvey__13121__-__SoS_WEB_decision__Unrestricted_.pdf- Teachers’ Standards; ./Joseph_David_Harvey__13121__-__SoS_WEB_decision__Unrestricted_.pdf-  misconduct seriously affecting the education and/or well-being of pupils, and ./Joseph_David_Harvey__13121__-__SoS_WEB_decision__Unrestricted_.pdf- particularly where there is a continuing risk; ./Joseph_David_Harvey__13121__-__SoS_WEB_decision__Unrestricted_.pdf-  a deep-seated attitude that leads to harmful behaviour. ./Joseph_David_Harvey__13121__-__SoS_WEB_decision__Unrestricted_.pdf- ./Joseph_David_Harvey__13121__-__SoS_WEB_decision__Unrestricted_.pdf- ./Joseph_David_Harvey__13121__-__SoS_WEB_decision__Unrestricted_.pdf- ./Joseph_David_Harvey__13121__-__SoS_WEB_decision__Unrestricted_.pdf-I have taken into account the need to be proportionate. I have also taken into account the ./Joseph_David_Harvey__13121__-__SoS_WEB_decision__Unrestricted_.pdf-need to balance the interests of Mr Harvey and the wider public interest. I support the ./Joseph_David_Harvey__13121__-__SoS_WEB_decision__Unrestricted_.pdf-recommendation of the panel that a prohibition order is proportionate and in the public ./Joseph_David_Harvey__13121__-__SoS_WEB_decision__Unrestricted_.pdf-interest. ./Joseph_David_Harvey__13121__-__SoS_WEB_decision__Unrestricted_.pdf- ./Joseph_David_Harvey__13121__-__SoS_WEB_decision__Unrestricted_.pdf-I have gone on to consider the matter of a review period. The panel has found that Mr ./Joseph_David_Harvey__13121__-__SoS_WEB_decision__Unrestricted_.pdf:Harvey’s behaviours include fraud or serious dishonesty and serious sexual misconduct, ./Joseph_David_Harvey__13121__-__SoS_WEB_decision__Unrestricted_.pdf:eg where the act was sexually motivated and resulted in or had the potential to result in, ./Joseph_David_Harvey__13121__-__SoS_WEB_decision__Unrestricted_.pdf-harm to a person or persons, particularly where the individual has used their professional ./Joseph_David_Harvey__13121__-__SoS_WEB_decision__Unrestricted_.pdf-position to influence or exploit a person or persons. ./Joseph_David_Harvey__13121__-__SoS_WEB_decision__Unrestricted_.pdf- ./Joseph_David_Harvey__13121__-__SoS_WEB_decision__Unrestricted_.pdf-The panel has found that Mr Harvey abused his position of trust and acted in an ./Joseph_David_Harvey__13121__-__SoS_WEB_decision__Unrestricted_.pdf-inappropriate manner towards pupils, resulting in him kissing one pupil and buying her ./Joseph_David_Harvey__13121__-__SoS_WEB_decision__Unrestricted_.pdf-alcohol whilst she was under the legal drinking age and furthermore, providing false ./Joseph_David_Harvey__13121__-__SoS_WEB_decision__Unrestricted_.pdf-information to the police regarding his relationship with Pupil A. ./Joseph_David_Harvey__13121__-__SoS_WEB_decision__Unrestricted_.pdf- ./Joseph_David_Harvey__13121__-__SoS_WEB_decision__Unrestricted_.pdf-I agree with the panel’s recommendation that there be no review period. ./Joseph_David_Harvey__13121__-__SoS_WEB_decision__Unrestricted_.pdf- ./Jukes__Vanessa_web_decision.pdf-3. Failed to have regard to the welfare of Pupil A, a vulnerable student, in the ./Jukes__Vanessa_web_decision.pdf- care of the school, in that you cancelled her taxi into school and did not ./Jukes__Vanessa_web_decision.pdf- arrange alternative transport, commenting “don’t want her in this week at ./Jukes__Vanessa_web_decision.pdf- least!” and instructed staff not to rush to arrange a meeting with her mother; ./Jukes__Vanessa_web_decision.pdf- ./Jukes__Vanessa_web_decision.pdf-Witness B said in her evidence that Pupil A was considered a vulnerable pupil because ./Jukes__Vanessa_web_decision.pdf:she was a child protection case and there were child sex exploitation concerns in relation ./Jukes__Vanessa_web_decision.pdf-to her. Witness B said that Pupil A had told her that she felt safest when she was in ./Jukes__Vanessa_web_decision.pdf-school. Witness B said that she went to regular child protection meetings concerning ./Jukes__Vanessa_web_decision.pdf-Pupil A and that after each meeting she reported to Ms Jukes. Witness B said that prior ./Jukes__Vanessa_web_decision.pdf-to December 2011 she had approached Ms Jukes and told her that Pupil A needed to be ./Jukes__Vanessa_web_decision.pdf-in school. Ms Jukes agreed. However, there was an incident in December which led to ./Jukes__Vanessa_web_decision.pdf-Ms Jukes writing a memo to Witness C on 5 December 2011, when Witness B was ./Jukes__Vanessa_web_decision.pdf-absent from school. The panel has seen the memo concerned, which states “I have ./Jukes__Vanessa_web_decision.pdf-cancelled taxi UFN”. The panel understood “UFN” to mean “until further notice”. The ./Jukes__Vanessa_web_decision.pdf-memo also said “If mum rings – we will say need a meeting – but not to rush one. Don’t ./Jukes__Vanessa_web_decision.pdf-want her in this week at least!!” The panel took this to mean that Ms Jukes did not want -- ./Jukes__Vanessa_web_decision.pdf-taken to the stables by her from the school on two occasions. Witness B was not aware ./Jukes__Vanessa_web_decision.pdf-of any other arrangements made for other colleagues to take her direct from her home. ./Jukes__Vanessa_web_decision.pdf- ./Jukes__Vanessa_web_decision.pdf-Witness B’s evidence was that Pupil A was refusing to go to the [redacted] and was also ./Jukes__Vanessa_web_decision.pdf-refusing to go into school for part days as she wanted to go to school full time. The ./Jukes__Vanessa_web_decision.pdf-cancellation of the taxi precluded any possibility of this. ./Jukes__Vanessa_web_decision.pdf- ./Jukes__Vanessa_web_decision.pdf-Ms Jukes said that Pupil A was at no greater risk than she would otherwise have been. ./Jukes__Vanessa_web_decision.pdf-However, Witness B said in her evidence that, as a result of the cancellation of the taxi, ./Jukes__Vanessa_web_decision.pdf-Pupil A was at greater risk than she would have been when in school or in alternative ./Jukes__Vanessa_web_decision.pdf:provision as Pupil A could again associate with other individuals involved in child sex ./Jukes__Vanessa_web_decision.pdf-exploitation. Witness B said that the lack of any provision caused by the cancellation of ./Jukes__Vanessa_web_decision.pdf-the taxi meant that Pupil A had too much time on her hands. This would make her more ./Jukes__Vanessa_web_decision.pdf-vulnerable because of her need for attention of any kind. ./Jukes__Vanessa_web_decision.pdf- ./Jukes__Vanessa_web_decision.pdf-The panel preferred Witness B’s account. ./Jukes__Vanessa_web_decision.pdf- ./Jukes__Vanessa_web_decision.pdf- ./Jukes__Vanessa_web_decision.pdf- ./Jukes__Vanessa_web_decision.pdf- ./Jukes__Vanessa_web_decision.pdf- 9 ./Julia_Griffiths__14714_-_WEB_decision1.pdf- ./Julia_Griffiths__14714_-_WEB_decision1.pdf- 1. Breached an agreement reached between her and the school to allow her to ./Julia_Griffiths__14714_-_WEB_decision1.pdf- continue working following the conviction of her son of an offence related to the ./Julia_Griffiths__14714_-_WEB_decision1.pdf- viewing of indecent images of children in that: ./Julia_Griffiths__14714_-_WEB_decision1.pdf- ./Julia_Griffiths__14714_-_WEB_decision1.pdf- a. She took a school laptop home in order to carry out EYFS work on Friday ./Julia_Griffiths__14714_-_WEB_decision1.pdf- 19 June 2015 ./Julia_Griffiths__14714_-_WEB_decision1.pdf- ./Julia_Griffiths__14714_-_WEB_decision1.pdf- b. She allowed her son onto the school premises on 25 June 2015; ./Julia_Griffiths__14714_-_WEB_decision1.pdf- ./Julia_Griffiths__14714_-_WEB_decision1.pdf: 2. Breached the schools IT acceptable use policy in that pornography and/or ./Julia_Griffiths__14714_-_WEB_decision1.pdf- inappropriate material was accessed using her school laptop, in particular adult ./Julia_Griffiths__14714_-_WEB_decision1.pdf: gay pornography ./Julia_Griffiths__14714_-_WEB_decision1.pdf- ./Julia_Griffiths__14714_-_WEB_decision1.pdf-In the agreed statement of facts (pages 14 – 19), Mrs Griffiths admitted the facts of the ./Julia_Griffiths__14714_-_WEB_decision1.pdf-allegations and that they amounted to unacceptable professional conduct and conduct ./Julia_Griffiths__14714_-_WEB_decision1.pdf-which may bring the profession into disrepute. ./Julia_Griffiths__14714_-_WEB_decision1.pdf- ./Julia_Griffiths__14714_-_WEB_decision1.pdf- ./Julia_Griffiths__14714_-_WEB_decision1.pdf-C. Preliminary applications ./Julia_Griffiths__14714_-_WEB_decision1.pdf-The panel noted that the allegations as set out in the Notice of Meeting dated 3 November ./Julia_Griffiths__14714_-_WEB_decision1.pdf-2016 (pages 11a – 11b) were incomplete in that allegation 2 reads: “Breached the School’s ./Julia_Griffiths__14714_-_WEB_decision1.pdf:IT Acceptable Usage Policy, in that pornography and/or inappropriate material was ./Julia_Griffiths__14714_-_WEB_decision1.pdf-accessed using” ./Julia_Griffiths__14714_-_WEB_decision1.pdf- ./Julia_Griffiths__14714_-_WEB_decision1.pdf-The panel considered this allegation against the allegations set out in the statement of ./Julia_Griffiths__14714_-_WEB_decision1.pdf-agreed facts signed by Mrs Griffiths on 13 October 2016 (pages 14 – 19). Allegation 2 in ./Julia_Griffiths__14714_-_WEB_decision1.pdf-the statement of agreed facts appears to be complete and reads: “Breached the School’s ./Julia_Griffiths__14714_-_WEB_decision1.pdf:IT Acceptable Usage Policy, in that pornography and/or inappropriate material was ./Julia_Griffiths__14714_-_WEB_decision1.pdf:accessed using your school laptop, in particular adult gay pornography.” The panel noted ./Julia_Griffiths__14714_-_WEB_decision1.pdf-that the same wording was also used in the Notice of Referral dated 8 April 2016 (pages 7 ./Julia_Griffiths__14714_-_WEB_decision1.pdf-– 10). ./Julia_Griffiths__14714_-_WEB_decision1.pdf- ./Julia_Griffiths__14714_-_WEB_decision1.pdf-The panel concluded that there was a typographical error in the Notice of Meeting and that ./Julia_Griffiths__14714_-_WEB_decision1.pdf-allegation 2 should be amended as per the statement of agreed facts and Notice of ./Julia_Griffiths__14714_-_WEB_decision1.pdf-Referral. The panel viewed this amendment to be in the interests of justice and did not ./Julia_Griffiths__14714_-_WEB_decision1.pdf- ./Julia_Griffiths__14714_-_WEB_decision1.pdf- ./Julia_Griffiths__14714_-_WEB_decision1.pdf- ./Julia_Griffiths__14714_-_WEB_decision1.pdf- 4 -- ./Julia_Griffiths__14714_-_WEB_decision1.pdf-– 153). It is also referred to in the statements of others, including Individual B (pages 106 ./Julia_Griffiths__14714_-_WEB_decision1.pdf-– 109) , Individual C (pages 94 – 101) and Individual D (pages 84 – 93) who all saw ./Julia_Griffiths__14714_-_WEB_decision1.pdf-Person A in the school on 25 June 2015. ./Julia_Griffiths__14714_-_WEB_decision1.pdf- ./Julia_Griffiths__14714_-_WEB_decision1.pdf-The panel notes that it is not clear whether the written agreement which appears at ./Julia_Griffiths__14714_-_WEB_decision1.pdf-pages 82-83 of the bundle is a final version but it does specifically state that there should ./Julia_Griffiths__14714_-_WEB_decision1.pdf-be the “immediate exclusion from premises and any contact” with Person A. ./Julia_Griffiths__14714_-_WEB_decision1.pdf- ./Julia_Griffiths__14714_-_WEB_decision1.pdf-On the balance of probabilities, the panel found the allegation proved. ./Julia_Griffiths__14714_-_WEB_decision1.pdf- ./Julia_Griffiths__14714_-_WEB_decision1.pdf: 2. You breached the schools IT acceptable use policy in that pornography ./Julia_Griffiths__14714_-_WEB_decision1.pdf- and/or inappropriate material was accessed using your school laptop, in ./Julia_Griffiths__14714_-_WEB_decision1.pdf: particular, adult gay pornography ./Julia_Griffiths__14714_-_WEB_decision1.pdf- ./Julia_Griffiths__14714_-_WEB_decision1.pdf-This allegation is admitted by Mrs Griffiths in the signed statement of facts dated 13 ./Julia_Griffiths__14714_-_WEB_decision1.pdf-October 2016 (pages 14 – 19) and in her signed witness statement dated 14 October ./Julia_Griffiths__14714_-_WEB_decision1.pdf-2016 (pages 143 – 153). The school’s investigation report into this issue dated 28 ./Julia_Griffiths__14714_-_WEB_decision1.pdf-August 2015 (pages 46-47) is clear that a school laptop that had been taken home by ./Julia_Griffiths__14714_-_WEB_decision1.pdf:Mrs Griffiths had been used to access adult gay pornography. This report refers to a ./Julia_Griffiths__14714_-_WEB_decision1.pdf-forensic analysis of the laptop that had been undertaken by Cheshire Police. ./Julia_Griffiths__14714_-_WEB_decision1.pdf- ./Julia_Griffiths__14714_-_WEB_decision1.pdf-The school’s acceptable use policy (pages 137 – 140) clearly includes the following ./Julia_Griffiths__14714_-_WEB_decision1.pdf-provisions: ./Julia_Griffiths__14714_-_WEB_decision1.pdf- ./Julia_Griffiths__14714_-_WEB_decision1.pdf-  The use of the Internet to access and/or distribute any kind of offensive material, ./Julia_Griffiths__14714_-_WEB_decision1.pdf- or material that is not work related, leaves an individual liable to disciplinary action ./Julia_Griffiths__14714_-_WEB_decision1.pdf- which could lead to dismissal. ./Julia_Griffiths__14714_-_WEB_decision1.pdf-  The school will not tolerate the use of the Internet or email system for unofficial of ./Julia_Griffiths__14714_-_WEB_decision1.pdf: inappropriate purposes, including:-….v) accessing or transmitting pornography. ./Julia_Griffiths__14714_-_WEB_decision1.pdf- ./Julia_Griffiths__14714_-_WEB_decision1.pdf- 7 ./Julia_Griffiths__14714_-_WEB_decision1.pdf- ./Kaufman_-_Web_Decision.pdf-B. Allegations ./Kaufman_-_Web_Decision.pdf-It was alleged that Mr Kaufman was guilty of unacceptable professional conduct and/or ./Kaufman_-_Web_Decision.pdf-conduct that may bring the profession into disrepute in that, whilst employed as a teacher ./Kaufman_-_Web_Decision.pdf-at [Redacted]: ./Kaufman_-_Web_Decision.pdf- ./Kaufman_-_Web_Decision.pdf-1. He displayed inappropriate behaviour towards one or more students, including: ./Kaufman_-_Web_Decision.pdf- ./Kaufman_-_Web_Decision.pdf- a. by touching students' hair on one occasion or more; ./Kaufman_-_Web_Decision.pdf- ./Kaufman_-_Web_Decision.pdf- b. by discussing his personal relationships on one occasion or more and making ./Kaufman_-_Web_Decision.pdf: reference to matters of a sexual nature; ./Kaufman_-_Web_Decision.pdf- ./Kaufman_-_Web_Decision.pdf- c. by commenting on students' personal appearances and/or dress on one ./Kaufman_-_Web_Decision.pdf- occasion or more; ./Kaufman_-_Web_Decision.pdf- ./Kaufman_-_Web_Decision.pdf- d. that in relation to Student A he: ./Kaufman_-_Web_Decision.pdf- ./Kaufman_-_Web_Decision.pdf- i. told her that he missed her while she was off school; ./Kaufman_-_Web_Decision.pdf- ./Kaufman_-_Web_Decision.pdf- ii. told her that she would be able to go for a drink with him in the future; ./Kaufman_-_Web_Decision.pdf- -- ./Kaufman_-_Web_Decision.pdf-The panel agreed. The physical contact with students was certainly inappropriate and ./Kaufman_-_Web_Decision.pdf-was such that Mr Kaufman had failed to maintain appropriate professional boundaries ./Kaufman_-_Web_Decision.pdf-and standards. ./Kaufman_-_Web_Decision.pdf- ./Kaufman_-_Web_Decision.pdf-Accordingly, in light of the admission made and the evidence, the panel found the facts of ./Kaufman_-_Web_Decision.pdf-allegation 1(a) proven. ./Kaufman_-_Web_Decision.pdf- ./Kaufman_-_Web_Decision.pdf- b. By discussing your personal relationships on one occasion or more and ./Kaufman_-_Web_Decision.pdf: making reference to matters of a sexual nature; ./Kaufman_-_Web_Decision.pdf- ./Kaufman_-_Web_Decision.pdf-Mr Kaufman admitted the facts of this allegation. The evidence considered by the panel ./Kaufman_-_Web_Decision.pdf-was consistent with the admission. ./Kaufman_-_Web_Decision.pdf- ./Kaufman_-_Web_Decision.pdf-Mr Kaufman accepted that he discussed his personal relationships on more than one ./Kaufman_-_Web_Decision.pdf:occasion with students and that he had discussed matters of a sexual nature during ./Kaufman_-_Web_Decision.pdf-those conversations. ./Kaufman_-_Web_Decision.pdf- ./Kaufman_-_Web_Decision.pdf-Mr Kaufman also accepted that this conduct was such that he had displayed ./Kaufman_-_Web_Decision.pdf-inappropriate behaviour. ./Kaufman_-_Web_Decision.pdf- ./Kaufman_-_Web_Decision.pdf-The panel considered that Mr Kaufman's behaviour was clearly inappropriate and was ./Kaufman_-_Web_Decision.pdf-such that he failed to maintain appropriate professional boundaries and standards. The ./Kaufman_-_Web_Decision.pdf-panel notes the written account of the headteacher's meeting with Student A on 13 March ./Kaufman_-_Web_Decision.pdf:2017 records her stating that Mr Kaufman "is so sexual you believe everything he says is ./Kaufman_-_Web_Decision.pdf-going to be rude". Another student's written account to the School during the investigation ./Kaufman_-_Web_Decision.pdf-recorded that during a class discussion on eyebrows he said words to the effect that "he ./Kaufman_-_Web_Decision.pdf:liked/preferred his women fully waxed", which she took to be a sexual reference. ./Kaufman_-_Web_Decision.pdf- ./Kaufman_-_Web_Decision.pdf-Accordingly, in light of the admission made and the evidence, the panel found the facts of ./Kaufman_-_Web_Decision.pdf-allegation 1(b) proven. ./Kaufman_-_Web_Decision.pdf- ./Kaufman_-_Web_Decision.pdf- c. By commenting on students' personal appearances and/or dress on one ./Kaufman_-_Web_Decision.pdf- occasion or more; ./Kaufman_-_Web_Decision.pdf- ./Kaufman_-_Web_Decision.pdf-Mr Kaufman admitted the facts of this allegation. The evidence considered by the panel ./Kaufman_-_Web_Decision.pdf-was consistent with the admission. ./Kaufman_-_Web_Decision.pdf- -- ./Kaufman_-_Web_Decision.pdf-The panel also considered whether Mr Kaufman's conduct displayed behaviours ./Kaufman_-_Web_Decision.pdf-associated with any of the offences listed on pages 8 and 9 of the Advice. It found that ./Kaufman_-_Web_Decision.pdf-none of these offences were relevant. ./Kaufman_-_Web_Decision.pdf- ./Kaufman_-_Web_Decision.pdf-The panel was satisfied that the conduct of Mr Kaufman amounts to misconduct of a ./Kaufman_-_Web_Decision.pdf-serious nature which fell significantly short of the standards expected of the profession. ./Kaufman_-_Web_Decision.pdf-The panel noted that Mr Kaufman was the Senior Leader SEND and had previously been ./Kaufman_-_Web_Decision.pdf-the named person responsible for child protection. As such he must have been aware of ./Kaufman_-_Web_Decision.pdf-fundamental safeguarding practices. Despite this knowledge, he breached the ./Kaufman_-_Web_Decision.pdf-boundaries that must exist between teachers and pupils and his conduct was contrary to ./Kaufman_-_Web_Decision.pdf:all safeguarding protocols. The conduct found proven included inappropriate sexual ./Kaufman_-_Web_Decision.pdf-references and physical contact. ./Kaufman_-_Web_Decision.pdf- ./Kaufman_-_Web_Decision.pdf-Further, in acting in the way he did he failed to have regard to the specific advice and ./Kaufman_-_Web_Decision.pdf-instructions given to him in 2014 to avoid placing himself in vulnerable situations with ./Kaufman_-_Web_Decision.pdf-pupils. He also failed to adhere to behavioural protocols agreed at that time which were ./Kaufman_-_Web_Decision.pdf-based on the School's Code of Professional Conduct policy. ./Kaufman_-_Web_Decision.pdf- ./Kaufman_-_Web_Decision.pdf-Accordingly, the panel was satisfied that Mr Kaufman is guilty of unacceptable ./Kaufman_-_Web_Decision.pdf-professional conduct. ./Kaufman_-_Web_Decision.pdf- -- ./Kaufman_-_Web_Decision.pdf-should be made, the panel considered whether it is an appropriate and proportionate ./Kaufman_-_Web_Decision.pdf-measure, and whether it was in the public interest to do so. Prohibition orders should not ./Kaufman_-_Web_Decision.pdf-be given in order to be punitive, or to show that blame has been apportioned, although ./Kaufman_-_Web_Decision.pdf-they are likely to have a punitive effect. ./Kaufman_-_Web_Decision.pdf- ./Kaufman_-_Web_Decision.pdf-The panel has considered the particular public interest considerations set out in the ./Kaufman_-_Web_Decision.pdf-Advice and having done so has found a number of them to be relevant in this case, ./Kaufman_-_Web_Decision.pdf-namely: the protection of pupils; the maintenance of public confidence in the profession; ./Kaufman_-_Web_Decision.pdf-and declaring and upholding proper standards of conduct. ./Kaufman_-_Web_Decision.pdf- ./Kaufman_-_Web_Decision.pdf:In light of the panel’s findings against Mr Kaufman, which involved inappropriate sexual ./Kaufman_-_Web_Decision.pdf-references and physical contact, there is a strong public interest consideration in respect ./Kaufman_-_Web_Decision.pdf-of the protection of pupils given the serious findings of inappropriate behaviour with ./Kaufman_-_Web_Decision.pdf-children. ./Kaufman_-_Web_Decision.pdf- ./Kaufman_-_Web_Decision.pdf-Similarly, the panel considers that public confidence in the profession could be seriously ./Kaufman_-_Web_Decision.pdf-weakened if conduct such as that found against Mr Kaufman were not treated with the ./Kaufman_-_Web_Decision.pdf-utmost seriousness when regulating the conduct of the profession. ./Kaufman_-_Web_Decision.pdf- ./Kaufman_-_Web_Decision.pdf-The panel also considered that a strong public interest consideration in declaring proper ./Kaufman_-_Web_Decision.pdf-standards of conduct in the profession was present, as the conduct found against Mr -- ./Kaufman_-_Web_Decision.pdf-whether the consequences of such a publication are themselves sufficient. I have ./Kaufman_-_Web_Decision.pdf-considered therefore whether or not prohibiting Mr Kaufman, and the impact that will ./Kaufman_-_Web_Decision.pdf-have on him, is proportionate. ./Kaufman_-_Web_Decision.pdf- ./Kaufman_-_Web_Decision.pdf-In this case I have considered the extent to which a prohibition order would protect ./Kaufman_-_Web_Decision.pdf-children. The panel has observed, “he breached the boundaries that must exist between ./Kaufman_-_Web_Decision.pdf-teachers and pupils and his conduct was contrary to all safeguarding protocols. The ./Kaufman_-_Web_Decision.pdf:conduct found proven included inappropriate sexual references and physical contact.” ./Kaufman_-_Web_Decision.pdf- ./Kaufman_-_Web_Decision.pdf-A prohibition order would therefore prevent such a risk from being present. I have also ./Kaufman_-_Web_Decision.pdf-taken into account the panel’s comments on insight and remorse which the panel sets ./Kaufman_-_Web_Decision.pdf-out as follows, “Mr Kaufman had demonstrated limited regret and remorse. The focus has ./Kaufman_-_Web_Decision.pdf-been on how events have affected him and not how they have affected pupils, the School ./Kaufman_-_Web_Decision.pdf-and the profession.” ./Kaufman_-_Web_Decision.pdf- ./Kaufman_-_Web_Decision.pdf-In my judgement the lack of insight means that there is some risk of the repetition of this ./Kaufman_-_Web_Decision.pdf-behaviour and this risks the future well-being of pupils. I have therefore given this ./Kaufman_-_Web_Decision.pdf-element considerable weight in reaching my decision. ./Larter__Janet_SoS_Decision.pdf-a result of it. During the investigation, further concerns were raised about other potentially ./Larter__Janet_SoS_Decision.pdf-inappropriate comments made by Ms Larter while teaching, including: ./Larter__Janet_SoS_Decision.pdf- ./Larter__Janet_SoS_Decision.pdf- • Describing the size of an erect penis by reference to a glue stick; ./Larter__Janet_SoS_Decision.pdf- ./Larter__Janet_SoS_Decision.pdf- • During a discussion about cancer and how to examine for lumps, referring to a ./Larter__Janet_SoS_Decision.pdf- former pupil by name and saying that they had found a lump which was ./Larter__Janet_SoS_Decision.pdf- cancerous. ./Larter__Janet_SoS_Decision.pdf- ./Larter__Janet_SoS_Decision.pdf:It was also alleged that Ms Larter had made an inappropriate comment involving a sexual ./Larter__Janet_SoS_Decision.pdf-innuendo to a Year 10 pupil's family at a parents' evening. ./Larter__Janet_SoS_Decision.pdf- ./Larter__Janet_SoS_Decision.pdf-Findings of fact ./Larter__Janet_SoS_Decision.pdf- ./Larter__Janet_SoS_Decision.pdf-The findings of fact are as follows: ./Larter__Janet_SoS_Decision.pdf- ./Larter__Janet_SoS_Decision.pdf-The panel found the following allegations against you proved, for these reasons: ./Larter__Janet_SoS_Decision.pdf- ./Larter__Janet_SoS_Decision.pdf-Whilst employed as a science teacher at North Walsham High School (‘the School’) ./Larter__Janet_SoS_Decision.pdf-between 1 September 2000 and 22 September 2017 you: -- ./Larter__Janet_SoS_Decision.pdf-named", and find the remainder of the allegation proved. The panel decided not to, ./Larter__Janet_SoS_Decision.pdf-because in its view, the significance and seriousness of this allegation flows from the ./Larter__Janet_SoS_Decision.pdf-alleged breach of confidence. In the panel's view, there was no prospect that the ./Larter__Janet_SoS_Decision.pdf-remainder of this allegation could amount to unacceptable professional conduct or ./Larter__Janet_SoS_Decision.pdf-conduct likely to bring the profession into disrepute. ./Larter__Janet_SoS_Decision.pdf- ./Larter__Janet_SoS_Decision.pdf-2. In or around March 2017, you made a comment that ‘one flick of [Pupil B’s hair ./Larter__Janet_SoS_Decision.pdf-and the boys would all shiver in their seats with the tables rising’, or words to that ./Larter__Janet_SoS_Decision.pdf-effect. ./Larter__Janet_SoS_Decision.pdf- ./Larter__Janet_SoS_Decision.pdf:The only evidence suggesting that Ms Larter made a comment which included the sexual ./Larter__Janet_SoS_Decision.pdf-innuendo alleged in this allegation came from the hearsay evidence of Parent B. That ./Larter__Janet_SoS_Decision.pdf-was the sole and decisive evidence, and there was no evidence before the panel about ./Larter__Janet_SoS_Decision.pdf-why Parent B had not been called to give evidence, or any steps taken to secure their ./Larter__Janet_SoS_Decision.pdf-attendance. In these circumstances, the panel decided that it would be unfair to admit ./Larter__Janet_SoS_Decision.pdf-this hearsay evidence. ./Larter__Janet_SoS_Decision.pdf- ./Larter__Janet_SoS_Decision.pdf-The panel concluded that even if it had admitted the hearsay evidence of Parent B, that ./Larter__Janet_SoS_Decision.pdf-evidence would not have carried sufficient weight to prove this allegation. Without having ./Larter__Janet_SoS_Decision.pdf-an opportunity to test the evidence, the panel would not have been satisfied to the ./Larter__Janet_SoS_Decision.pdf-required standard. ./Larter__Janet_SoS_Decision.pdf- ./Larter__Janet_SoS_Decision.pdf- ./Larter__Janet_SoS_Decision.pdf- ./Larter__Janet_SoS_Decision.pdf-The panel went on to consider whether the comments that Ms Larter accepted making ./Larter__Janet_SoS_Decision.pdf-amounted to words to the effect of the comment quoted in the allegation. It concluded ./Larter__Janet_SoS_Decision.pdf-that they did not. While Ms Larter accepted making comments about the pupil's ./Larter__Janet_SoS_Decision.pdf:appearance, she denied making any comment amounting to a sexual innuendo. The ./Larter__Janet_SoS_Decision.pdf- ./Larter__Janet_SoS_Decision.pdf- 9 ./Larter__Janet_SoS_Decision.pdf- -- ./Larter__Janet_SoS_Decision.pdf:panel considered that sexual innuendo was the key element alleged in this allegation, ./Larter__Janet_SoS_Decision.pdf-and in the absence of any admissible evidence, it concluded that this allegation was not ./Larter__Janet_SoS_Decision.pdf-proved. ./Larter__Janet_SoS_Decision.pdf- ./Larter__Janet_SoS_Decision.pdf-3. In doing so at allegation 1b, 1c and 2 you caused one or more pupils distress ./Larter__Janet_SoS_Decision.pdf- ./Larter__Janet_SoS_Decision.pdf-The panel found allegations 1b, 1c and 2 not proved. It follows that allegation 3 is not ./Larter__Janet_SoS_Decision.pdf-proved insofar as it relates to those allegations. ./Larter__Janet_SoS_Decision.pdf- ./Larter__Janet_SoS_Decision.pdf-Findings as to unacceptable professional conduct and/or conduct that ./Larter__Janet_SoS_Decision.pdf-may bring the profession into disrepute ./Lauriekitis__Daniel_-_28_October_2014_-_0762023_-_Web_Decision.pdf-Pupil A; ./Lauriekitis__Daniel_-_28_October_2014_-_0762023_-_Web_Decision.pdf- ./Lauriekitis__Daniel_-_28_October_2014_-_0762023_-_Web_Decision.pdf-d. Shared personal information about another student with Pupil A on Facebook; ./Lauriekitis__Daniel_-_28_October_2014_-_0762023_-_Web_Decision.pdf- ./Lauriekitis__Daniel_-_28_October_2014_-_0762023_-_Web_Decision.pdf-e. In March 2013: ./Lauriekitis__Daniel_-_28_October_2014_-_0762023_-_Web_Decision.pdf- ./Lauriekitis__Daniel_-_28_October_2014_-_0762023_-_Web_Decision.pdf-i. invited Pupil A to his house; ./Lauriekitis__Daniel_-_28_October_2014_-_0762023_-_Web_Decision.pdf- ./Lauriekitis__Daniel_-_28_October_2014_-_0762023_-_Web_Decision.pdf-ii. supplied her with a large quantity of alcohol; and ./Lauriekitis__Daniel_-_28_October_2014_-_0762023_-_Web_Decision.pdf- ./Lauriekitis__Daniel_-_28_October_2014_-_0762023_-_Web_Decision.pdf:iii. performed a sexual act on her. ./Lauriekitis__Daniel_-_28_October_2014_-_0762023_-_Web_Decision.pdf- ./Lauriekitis__Daniel_-_28_October_2014_-_0762023_-_Web_Decision.pdf:2. His behaviour in regard to allegation 1 (e) was sexually motivated. ./Lauriekitis__Daniel_-_28_October_2014_-_0762023_-_Web_Decision.pdf- ./Lauriekitis__Daniel_-_28_October_2014_-_0762023_-_Web_Decision.pdf-3. He attempted to support Pupil A in respect to her health issues despite the fact that he ./Lauriekitis__Daniel_-_28_October_2014_-_0762023_-_Web_Decision.pdf-was not qualified to do so. ./Lauriekitis__Daniel_-_28_October_2014_-_0762023_-_Web_Decision.pdf- ./Lauriekitis__Daniel_-_28_October_2014_-_0762023_-_Web_Decision.pdf-4. Despite being aware of Pupil A's health issues he failed to share this sensitive ./Lauriekitis__Daniel_-_28_October_2014_-_0762023_-_Web_Decision.pdf-information with the senior management team and relevant authorities; and in so doing ./Lauriekitis__Daniel_-_28_October_2014_-_0762023_-_Web_Decision.pdf-his conduct was dishonest in that he sought to conceal relevant information from his ./Lauriekitis__Daniel_-_28_October_2014_-_0762023_-_Web_Decision.pdf-employers. ./Lauriekitis__Daniel_-_28_October_2014_-_0762023_-_Web_Decision.pdf- ./Lauriekitis__Daniel_-_28_October_2014_-_0762023_-_Web_Decision.pdf-5. Subverted reasonable management instructions provided in October 2012 relating to -- ./Lauriekitis__Daniel_-_28_October_2014_-_0762023_-_Web_Decision.pdf-hearing. ./Lauriekitis__Daniel_-_28_October_2014_-_0762023_-_Web_Decision.pdf- ./Lauriekitis__Daniel_-_28_October_2014_-_0762023_-_Web_Decision.pdf-This case relates to an inappropriate relationship that developed between a pupil and ./Lauriekitis__Daniel_-_28_October_2014_-_0762023_-_Web_Decision.pdf-teacher that was instigated through social media and text message channels when the ./Lauriekitis__Daniel_-_28_October_2014_-_0762023_-_Web_Decision.pdf-pupil was 15 years of age. Inappropriate personal information was exchanged between ./Lauriekitis__Daniel_-_28_October_2014_-_0762023_-_Web_Decision.pdf-the parties relating to the teacher's health and his knowledge of another pupil. The ./Lauriekitis__Daniel_-_28_October_2014_-_0762023_-_Web_Decision.pdf-teacher became aware of significant health issues affecting the pupil which were withheld ./Lauriekitis__Daniel_-_28_October_2014_-_0762023_-_Web_Decision.pdf-from the school's senior management team. The teacher proceeded to develop a close ./Lauriekitis__Daniel_-_28_October_2014_-_0762023_-_Web_Decision.pdf-personal relationship with the pupil during which the health issues affecting the pupil ./Lauriekitis__Daniel_-_28_October_2014_-_0762023_-_Web_Decision.pdf-were frequently discussed. Around 3 years after the start of the relationship the pupil ./Lauriekitis__Daniel_-_28_October_2014_-_0762023_-_Web_Decision.pdf:attended the teacher's house, significant alcohol was consumed and sexual contact took ./Lauriekitis__Daniel_-_28_October_2014_-_0762023_-_Web_Decision.pdf- ./Lauriekitis__Daniel_-_28_October_2014_-_0762023_-_Web_Decision.pdf- ./Lauriekitis__Daniel_-_28_October_2014_-_0762023_-_Web_Decision.pdf- 5 ./Lauriekitis__Daniel_-_28_October_2014_-_0762023_-_Web_Decision.pdf- -- ./Lauriekitis__Daniel_-_28_October_2014_-_0762023_-_Web_Decision.pdf:place, including the performance of a sexual act by the teacher on the pupil. All of the ./Lauriekitis__Daniel_-_28_October_2014_-_0762023_-_Web_Decision.pdf-facts are admitted. ./Lauriekitis__Daniel_-_28_October_2014_-_0762023_-_Web_Decision.pdf- ./Lauriekitis__Daniel_-_28_October_2014_-_0762023_-_Web_Decision.pdf-Findings of Fact ./Lauriekitis__Daniel_-_28_October_2014_-_0762023_-_Web_Decision.pdf-Our findings of fact are as follows: ./Lauriekitis__Daniel_-_28_October_2014_-_0762023_-_Web_Decision.pdf- ./Lauriekitis__Daniel_-_28_October_2014_-_0762023_-_Web_Decision.pdf-We have found the following particulars of the allegations against you proven, for the ./Lauriekitis__Daniel_-_28_October_2014_-_0762023_-_Web_Decision.pdf-reasons that follow: ./Lauriekitis__Daniel_-_28_October_2014_-_0762023_-_Web_Decision.pdf- ./Lauriekitis__Daniel_-_28_October_2014_-_0762023_-_Web_Decision.pdf- ./Lauriekitis__Daniel_-_28_October_2014_-_0762023_-_Web_Decision.pdf-1. That you failed to maintain professional boundaries towards Pupil A in -- ./Lauriekitis__Daniel_-_28_October_2014_-_0762023_-_Web_Decision.pdf- ./Lauriekitis__Daniel_-_28_October_2014_-_0762023_-_Web_Decision.pdf- ./Lauriekitis__Daniel_-_28_October_2014_-_0762023_-_Web_Decision.pdf-e. In March 2013: ./Lauriekitis__Daniel_-_28_October_2014_-_0762023_-_Web_Decision.pdf- ./Lauriekitis__Daniel_-_28_October_2014_-_0762023_-_Web_Decision.pdf-i. invited Pupil A to your house; ./Lauriekitis__Daniel_-_28_October_2014_-_0762023_-_Web_Decision.pdf- ./Lauriekitis__Daniel_-_28_October_2014_-_0762023_-_Web_Decision.pdf- ./Lauriekitis__Daniel_-_28_October_2014_-_0762023_-_Web_Decision.pdf-ii. supplied her with a large quantity of alcohol; and ./Lauriekitis__Daniel_-_28_October_2014_-_0762023_-_Web_Decision.pdf- ./Lauriekitis__Daniel_-_28_October_2014_-_0762023_-_Web_Decision.pdf- ./Lauriekitis__Daniel_-_28_October_2014_-_0762023_-_Web_Decision.pdf:iii. performed a sexual act on her. ./Lauriekitis__Daniel_-_28_October_2014_-_0762023_-_Web_Decision.pdf- ./Lauriekitis__Daniel_-_28_October_2014_-_0762023_-_Web_Decision.pdf- ./Lauriekitis__Daniel_-_28_October_2014_-_0762023_-_Web_Decision.pdf:2.Your behaviour in regard to allegation 1 (e) was sexually motivated. ./Lauriekitis__Daniel_-_28_October_2014_-_0762023_-_Web_Decision.pdf- ./Lauriekitis__Daniel_-_28_October_2014_-_0762023_-_Web_Decision.pdf- ./Lauriekitis__Daniel_-_28_October_2014_-_0762023_-_Web_Decision.pdf-3. You attempted to support Pupil A in respect to her health issues despite ./Lauriekitis__Daniel_-_28_October_2014_-_0762023_-_Web_Decision.pdf-the fact that you were not qualified to do so. ./Lauriekitis__Daniel_-_28_October_2014_-_0762023_-_Web_Decision.pdf- ./Lauriekitis__Daniel_-_28_October_2014_-_0762023_-_Web_Decision.pdf- ./Lauriekitis__Daniel_-_28_October_2014_-_0762023_-_Web_Decision.pdf-4. Despite being aware of Pupil A's health issues you failed to share this ./Lauriekitis__Daniel_-_28_October_2014_-_0762023_-_Web_Decision.pdf-sensitive information with the senior management team and relevant ./Lauriekitis__Daniel_-_28_October_2014_-_0762023_-_Web_Decision.pdf- ./Lauriekitis__Daniel_-_28_October_2014_-_0762023_-_Web_Decision.pdf- -- ./Lauriekitis__Daniel_-_28_October_2014_-_0762023_-_Web_Decision.pdf-Lancashire Constabulary on 27 March 2013 and the various social media and text ./Lauriekitis__Daniel_-_28_October_2014_-_0762023_-_Web_Decision.pdf-messages exchanges between Mr Laurikietis and Pupil A as documented at pages 44-77 ./Lauriekitis__Daniel_-_28_October_2014_-_0762023_-_Web_Decision.pdf-of the bundle. ./Lauriekitis__Daniel_-_28_October_2014_-_0762023_-_Web_Decision.pdf- ./Lauriekitis__Daniel_-_28_October_2014_-_0762023_-_Web_Decision.pdf-Findings as to unacceptable professional conduct ./Lauriekitis__Daniel_-_28_October_2014_-_0762023_-_Web_Decision.pdf-Having found all of the alleged facts proved we have further concluded that those facts ./Lauriekitis__Daniel_-_28_October_2014_-_0762023_-_Web_Decision.pdf-amount to unacceptable professional conduct, that is misconduct of a serious nature that ./Lauriekitis__Daniel_-_28_October_2014_-_0762023_-_Web_Decision.pdf-falls significantly short of the standard of behaviour expected of a teacher. ./Lauriekitis__Daniel_-_28_October_2014_-_0762023_-_Web_Decision.pdf- ./Lauriekitis__Daniel_-_28_October_2014_-_0762023_-_Web_Decision.pdf-You have admitted and it has been found proved that you are guilty of conduct of a ./Lauriekitis__Daniel_-_28_October_2014_-_0762023_-_Web_Decision.pdf:dishonest and sexually motivated nature. ./Lauriekitis__Daniel_-_28_October_2014_-_0762023_-_Web_Decision.pdf- ./Lauriekitis__Daniel_-_28_October_2014_-_0762023_-_Web_Decision.pdf-Despite earlier warnings as to your previous inappropriate contact with students through ./Lauriekitis__Daniel_-_28_October_2014_-_0762023_-_Web_Decision.pdf-social media you embarked on a relationship with a vulnerable student (Pupil A) that ./Lauriekitis__Daniel_-_28_October_2014_-_0762023_-_Web_Decision.pdf-stepped way beyond appropriate professional boundaries. She confided in you significant ./Lauriekitis__Daniel_-_28_October_2014_-_0762023_-_Web_Decision.pdf-health issues which, rather than being issues that you would draw to the attention of ./Lauriekitis__Daniel_-_28_October_2014_-_0762023_-_Web_Decision.pdf-others more suitable to assist with them, became a vehicle for further inappropriate ./Lauriekitis__Daniel_-_28_October_2014_-_0762023_-_Web_Decision.pdf-contact with her. This led to you inviting Pupil A to your house at a particularly vulnerable ./Lauriekitis__Daniel_-_28_October_2014_-_0762023_-_Web_Decision.pdf-time and proceeding to drink in excess with her. Amongst other things, the situation ./Lauriekitis__Daniel_-_28_October_2014_-_0762023_-_Web_Decision.pdf:developed to you performing a sexual act on her. ./Lauriekitis__Daniel_-_28_October_2014_-_0762023_-_Web_Decision.pdf- ./Lauriekitis__Daniel_-_28_October_2014_-_0762023_-_Web_Decision.pdf-You are guilty of widespread breaches of Part Two of the 'Teachers' Standards'. You ./Lauriekitis__Daniel_-_28_October_2014_-_0762023_-_Web_Decision.pdf-have extensively abused your position of trust in relation to a vulnerable pupil with a ./Lauriekitis__Daniel_-_28_October_2014_-_0762023_-_Web_Decision.pdf-history of self-harm. You exploited that position of trust for your own purposes. You failed ./Lauriekitis__Daniel_-_28_October_2014_-_0762023_-_Web_Decision.pdf-to treat Pupil A with dignity and mutual respect. Your conduct amounted to a blatant ./Lauriekitis__Daniel_-_28_October_2014_-_0762023_-_Web_Decision.pdf-disregard to the need to safeguard Pupil A's well-being. Her well-being was affected and ./Lauriekitis__Daniel_-_28_October_2014_-_0762023_-_Web_Decision.pdf-put at risk. You ignored the policies and practices of the school at which you were ./Lauriekitis__Daniel_-_28_October_2014_-_0762023_-_Web_Decision.pdf-employed, despite an earlier warning. ./Lauriekitis__Daniel_-_28_October_2014_-_0762023_-_Web_Decision.pdf- ./Lauriekitis__Daniel_-_28_October_2014_-_0762023_-_Web_Decision.pdf- -- ./Lauriekitis__Daniel_-_28_October_2014_-_0762023_-_Web_Decision.pdf-The Panel went on to consider the issue of prohibition. The Panel recommends to the ./Lauriekitis__Daniel_-_28_October_2014_-_0762023_-_Web_Decision.pdf-Secretary of State that a Prohibition Order be imposed. The Panel further recommends ./Lauriekitis__Daniel_-_28_October_2014_-_0762023_-_Web_Decision.pdf-that Mr Laurikietis's Prohibition Order be imposed with no provision for him to apply for it ./Lauriekitis__Daniel_-_28_October_2014_-_0762023_-_Web_Decision.pdf-to be set aside. ./Lauriekitis__Daniel_-_28_October_2014_-_0762023_-_Web_Decision.pdf- ./Lauriekitis__Daniel_-_28_October_2014_-_0762023_-_Web_Decision.pdf-The Panel carefully considered mitigation put forward and concluded that the teacher's ./Lauriekitis__Daniel_-_28_October_2014_-_0762023_-_Web_Decision.pdf-actions were deliberate and did not take place under any form of duress. The Panel took ./Lauriekitis__Daniel_-_28_October_2014_-_0762023_-_Web_Decision.pdf-into account the teacher's good history and also noted his mental health issues at the ./Lauriekitis__Daniel_-_28_October_2014_-_0762023_-_Web_Decision.pdf-relevant time. However, as stated above, the misconduct demonstrated was particularly ./Lauriekitis__Daniel_-_28_October_2014_-_0762023_-_Web_Decision.pdf-serious in this case. The case involves a wholly inappropriate relationship between ./Lauriekitis__Daniel_-_28_October_2014_-_0762023_-_Web_Decision.pdf:teacher and pupil that led to the consumption of alcohol and subsequent sexual activity, ./Lauriekitis__Daniel_-_28_October_2014_-_0762023_-_Web_Decision.pdf:at the teacher's instigation, with a vulnerable pupil. The sexual activity took place long ./Lauriekitis__Daniel_-_28_October_2014_-_0762023_-_Web_Decision.pdf-after the pupil's mental health issues had been revealed to the teacher and should have ./Lauriekitis__Daniel_-_28_October_2014_-_0762023_-_Web_Decision.pdf-been referred on to those more qualified to help. ./Lauriekitis__Daniel_-_28_October_2014_-_0762023_-_Web_Decision.pdf- ./Lauriekitis__Daniel_-_28_October_2014_-_0762023_-_Web_Decision.pdf-In the Panel's view a Prohibition Order with no opportunity to review is an appropriate ./Lauriekitis__Daniel_-_28_October_2014_-_0762023_-_Web_Decision.pdf-and proportionate measure in this case. It is the only course that fully protects pupils from ./Lauriekitis__Daniel_-_28_October_2014_-_0762023_-_Web_Decision.pdf-Mr Laurikietis's conduct; properly protects the public interest; ensures the maintenance of ./Lauriekitis__Daniel_-_28_October_2014_-_0762023_-_Web_Decision.pdf-public confidence in the profession and declares and upholds proper standards of ./Lauriekitis__Daniel_-_28_October_2014_-_0762023_-_Web_Decision.pdf-conduct in the teaching profession. Mr Laurikietis’ behaviour demonstrates widespread ./Lauriekitis__Daniel_-_28_October_2014_-_0762023_-_Web_Decision.pdf-departures from Part Two of the 'Teachers' Standards' that stems from a significant ./Lauriekitis__Daniel_-_28_October_2014_-_0762023_-_Web_Decision.pdf:abuse of his position of trust in relation to a vulnerable pupil that has sexual motivation at ./Lauriekitis__Daniel_-_28_October_2014_-_0762023_-_Web_Decision.pdf-its heart. The adverse effect on the pupil's well-being is clearly evidenced. ./Lauriekitis__Daniel_-_28_October_2014_-_0762023_-_Web_Decision.pdf- ./Lauriekitis__Daniel_-_28_October_2014_-_0762023_-_Web_Decision.pdf-Mr Laurikietis has acknowledged his mistakes and accepted the facts alleged but has ./Lauriekitis__Daniel_-_28_October_2014_-_0762023_-_Web_Decision.pdf-shown little regard for the effect his behaviour had on the pupil and her future well-being. ./Lauriekitis__Daniel_-_28_October_2014_-_0762023_-_Web_Decision.pdf- ./Lauriekitis__Daniel_-_28_October_2014_-_0762023_-_Web_Decision.pdf-In our view, such behaviour should be marked by lifetime exclusion from teaching. ./Lauriekitis__Daniel_-_28_October_2014_-_0762023_-_Web_Decision.pdf- ./Lauriekitis__Daniel_-_28_October_2014_-_0762023_-_Web_Decision.pdf- ./Lauriekitis__Daniel_-_28_October_2014_-_0762023_-_Web_Decision.pdf-Decision and reasons on behalf of the Secretary of ./Lauriekitis__Daniel_-_28_October_2014_-_0762023_-_Web_Decision.pdf-State -- ./Lauriekitis__Daniel_-_28_October_2014_-_0762023_-_Web_Decision.pdf-I agree with the panel’s recommendation that a prohibition order is a proportionate and ./Lauriekitis__Daniel_-_28_October_2014_-_0762023_-_Web_Decision.pdf-appropriate sanction. ./Lauriekitis__Daniel_-_28_October_2014_-_0762023_-_Web_Decision.pdf- ./Lauriekitis__Daniel_-_28_October_2014_-_0762023_-_Web_Decision.pdf-Mr Laurikietis’s conduct was particularly serious. It involved a wholly inappropriate ./Lauriekitis__Daniel_-_28_October_2014_-_0762023_-_Web_Decision.pdf-relationship with a vulnerable student that culminated in the consumption of alcohol and ./Lauriekitis__Daniel_-_28_October_2014_-_0762023_-_Web_Decision.pdf:sexual activity. Whilst he has acknowledged his mistakes he has shown little regard for ./Lauriekitis__Daniel_-_28_October_2014_-_0762023_-_Web_Decision.pdf-the effect his behaviour had on the pupil concerned. ./Lauriekitis__Daniel_-_28_October_2014_-_0762023_-_Web_Decision.pdf- ./Lauriekitis__Daniel_-_28_October_2014_-_0762023_-_Web_Decision.pdf-In all the circumstances I agree that the order should be without provision for an ./Lauriekitis__Daniel_-_28_October_2014_-_0762023_-_Web_Decision.pdf-application to apply for it to be set aside. ./Lauriekitis__Daniel_-_28_October_2014_-_0762023_-_Web_Decision.pdf- ./Lauriekitis__Daniel_-_28_October_2014_-_0762023_-_Web_Decision.pdf-This means that Mr Daniel Laurikietis is prohibited from teaching indefinitely and ./Lauriekitis__Daniel_-_28_October_2014_-_0762023_-_Web_Decision.pdf-cannot teach in any school, sixth form college, relevant youth accommodation or ./Lauriekitis__Daniel_-_28_October_2014_-_0762023_-_Web_Decision.pdf-children’s home in England. Furthermore, in view of the seriousness of the allegations ./Lauriekitis__Daniel_-_28_October_2014_-_0762023_-_Web_Decision.pdf-found proved against him, I have decided that Mr Daniel Laurikietis shall not be entitled ./Lauriekitis__Daniel_-_28_October_2014_-_0762023_-_Web_Decision.pdf-to apply for restoration of his eligibility to teach. ./Lawrence__Emma_-_0859708___Web_Decision___24_September_2014.pdf- ./Lawrence__Emma_-_0859708___Web_Decision___24_September_2014.pdf- b. encouraged Pupil A to send you an inappropriate message and/or a ./Lawrence__Emma_-_0859708___Web_Decision___24_September_2014.pdf- photograph via Twitter messaging on one or more occasions, ./Lawrence__Emma_-_0859708___Web_Decision___24_September_2014.pdf- ./Lawrence__Emma_-_0859708___Web_Decision___24_September_2014.pdf- c. failed to take appropriate action when you received an inappropriate: ./Lawrence__Emma_-_0859708___Web_Decision___24_September_2014.pdf- ./Lawrence__Emma_-_0859708___Web_Decision___24_September_2014.pdf- i. Twitter message from Pupil A ./Lawrence__Emma_-_0859708___Web_Decision___24_September_2014.pdf- ./Lawrence__Emma_-_0859708___Web_Decision___24_September_2014.pdf- ii. Photograph from Pupil A sent via Twitter messaging; ./Lawrence__Emma_-_0859708___Web_Decision___24_September_2014.pdf- ./Lawrence__Emma_-_0859708___Web_Decision___24_September_2014.pdf: 2. Her conduct set out at 1.a, and 1.b above was sexually motivated. ./Lawrence__Emma_-_0859708___Web_Decision___24_September_2014.pdf- ./Lawrence__Emma_-_0859708___Web_Decision___24_September_2014.pdf-Ms Lawrence has admitted paragraphs 1a and 1c. She has denied encouraging Pupil A ./Lawrence__Emma_-_0859708___Web_Decision___24_September_2014.pdf:as alleged in paragraph 1b. She has admitted that her conduct was sexually motivated ./Lawrence__Emma_-_0859708___Web_Decision___24_September_2014.pdf-The Panel has taken this admission to relate only to paragraph 1a, since paragraph 1b is ./Lawrence__Emma_-_0859708___Web_Decision___24_September_2014.pdf-denied. ./Lawrence__Emma_-_0859708___Web_Decision___24_September_2014.pdf- ./Lawrence__Emma_-_0859708___Web_Decision___24_September_2014.pdf- ./Lawrence__Emma_-_0859708___Web_Decision___24_September_2014.pdf-C. Preliminary applications ./Lawrence__Emma_-_0859708___Web_Decision___24_September_2014.pdf-Meeting on 5 August 2014 ./Lawrence__Emma_-_0859708___Web_Decision___24_September_2014.pdf- ./Lawrence__Emma_-_0859708___Web_Decision___24_September_2014.pdf-At the commencement of the meeting on 5 August 2014, the Panel were provided with a ./Lawrence__Emma_-_0859708___Web_Decision___24_September_2014.pdf-sealed envelope which was labelled as “Inappropriate materials (photos) (3 sheets)”. ./Lawrence__Emma_-_0859708___Web_Decision___24_September_2014.pdf-Enquiries were made by the Legal Adviser on behalf of the Panel as to what images were -- ./Lawrence__Emma_-_0859708___Web_Decision___24_September_2014.pdf- ./Lawrence__Emma_-_0859708___Web_Decision___24_September_2014.pdf- i. Twitter messaging ./Lawrence__Emma_-_0859708___Web_Decision___24_September_2014.pdf- ./Lawrence__Emma_-_0859708___Web_Decision___24_September_2014.pdf-In a Statement of Agreed Facts signed by Ms Lawrence, she admitted to engaging in ./Lawrence__Emma_-_0859708___Web_Decision___24_September_2014.pdf-inappropriate communication via Twitter messaging. Messages sent by Ms Lawrence ./Lawrence__Emma_-_0859708___Web_Decision___24_September_2014.pdf-and Pupil A are set out in the body of the Statement of Agreed Facts and two ./Lawrence__Emma_-_0859708___Web_Decision___24_September_2014.pdf-appendices. The Statement of Agreed Facts refers to messages sent on 10 March 2014. ./Lawrence__Emma_-_0859708___Web_Decision___24_September_2014.pdf-The first appendix contains messages exchanged on 11 March 2014 and the second ./Lawrence__Emma_-_0859708___Web_Decision___24_September_2014.pdf-appendix contains messages exchanged on 12 March 2014. Ms Lawrence admits to ./Lawrence__Emma_-_0859708___Web_Decision___24_September_2014.pdf-having exchanged the messages with Pupil A set out in both appendices. The Panel ./Lawrence__Emma_-_0859708___Web_Decision___24_September_2014.pdf:also has in its bundle a series of screenshots containing Twitter messages using sexually ./Lawrence__Emma_-_0859708___Web_Decision___24_September_2014.pdf-explicit language. Those messages have the same content as the transcription of the ./Lawrence__Emma_-_0859708___Web_Decision___24_September_2014.pdf-messages set out in the two appendices. ./Lawrence__Emma_-_0859708___Web_Decision___24_September_2014.pdf- ./Lawrence__Emma_-_0859708___Web_Decision___24_September_2014.pdf-The panel bundle contains an attendance note written by a learning mentor. This states ./Lawrence__Emma_-_0859708___Web_Decision___24_September_2014.pdf-that on Tuesday 11 March 2014, Pupil A “asked advice about a 28 year old female who ./Lawrence__Emma_-_0859708___Web_Decision___24_September_2014.pdf- ./Lawrence__Emma_-_0859708___Web_Decision___24_September_2014.pdf- 10 ./Lawrence__Emma_-_0859708___Web_Decision___24_September_2014.pdf- -- ./Lawrence__Emma_-_0859708___Web_Decision___24_September_2014.pdf-wants to sleep with him! He mentioned explicit pictures, explicit messages, flirting”. The ./Lawrence__Emma_-_0859708___Web_Decision___24_September_2014.pdf-note goes on to state that on Thursday “He confided the 28 yr (sic) old was a member of ./Lawrence__Emma_-_0859708___Web_Decision___24_September_2014.pdf-staff”. The Learning mentor describes then having gone with Pupil A to see the Learning ./Lawrence__Emma_-_0859708___Web_Decision___24_September_2014.pdf-Support Manager and that Pupil A “explained from the beginning that the 28 year old in ./Lawrence__Emma_-_0859708___Web_Decision___24_September_2014.pdf-question was Ms Toms/Lawrence. He proceeded to tell us about the messages and ./Lawrence__Emma_-_0859708___Web_Decision___24_September_2014.pdf-pictures”. The Panel Bundle contains an email from Ms Lawrence confirming that her ./Lawrence__Emma_-_0859708___Web_Decision___24_September_2014.pdf-maiden name was “Toms”. There are numerous references to Ms Toms in the Panel ./Lawrence__Emma_-_0859708___Web_Decision___24_September_2014.pdf-Bundle, and the Panel was satisfied that these were references to Ms Lawrence. ./Lawrence__Emma_-_0859708___Web_Decision___24_September_2014.pdf- ./Lawrence__Emma_-_0859708___Web_Decision___24_September_2014.pdf-The Panel Bundle also contains a student statement written by Pupil A in which he ./Lawrence__Emma_-_0859708___Web_Decision___24_September_2014.pdf:described Ms Lawrence responding to a sexual comment. He has then described ./Lawrence__Emma_-_0859708___Web_Decision___24_September_2014.pdf-exchanging messages which he describes as “a lot of explicit flirting”. He has also given ./Lawrence__Emma_-_0859708___Web_Decision___24_September_2014.pdf-examples in his statement of the messages that were exchanged. ./Lawrence__Emma_-_0859708___Web_Decision___24_September_2014.pdf- ./Lawrence__Emma_-_0859708___Web_Decision___24_September_2014.pdf-Having viewed the messages set out in the panel bundle, the Panel was satisfied that the ./Lawrence__Emma_-_0859708___Web_Decision___24_September_2014.pdf-messages were inappropriate. There were messages such as “... the way you talk to me ./Lawrence__Emma_-_0859708___Web_Decision___24_September_2014.pdf-is so hot” which although not explicit, were inappropriate. The Panel considered that ./Lawrence__Emma_-_0859708___Web_Decision___24_September_2014.pdf-engaging in Twitter conversations with pupils in itself was likely to be inappropriate, as it ./Lawrence__Emma_-_0859708___Web_Decision___24_September_2014.pdf-was a form of communication which was outside of the usual methods of monitoring by a ./Lawrence__Emma_-_0859708___Web_Decision___24_September_2014.pdf-school. ./Lawrence__Emma_-_0859708___Web_Decision___24_September_2014.pdf- ./Lawrence__Emma_-_0859708___Web_Decision___24_September_2014.pdf-The Panel is satisfied that this allegation is proven. ./Lawrence__Emma_-_0859708___Web_Decision___24_September_2014.pdf- ./Lawrence__Emma_-_0859708___Web_Decision___24_September_2014.pdf- ii. Explicit Twitter messaging ./Lawrence__Emma_-_0859708___Web_Decision___24_September_2014.pdf- ./Lawrence__Emma_-_0859708___Web_Decision___24_September_2014.pdf-The Statement of Agreed Facts contains an admission that the inappropriate ./Lawrence__Emma_-_0859708___Web_Decision___24_September_2014.pdf-communications included Twitter messages which were explicit. Having viewed the ./Lawrence__Emma_-_0859708___Web_Decision___24_September_2014.pdf:content of those messages, the Panel is satisfied that the messages were sexually ./Lawrence__Emma_-_0859708___Web_Decision___24_September_2014.pdf:explicit, describing sexual acts. ./Lawrence__Emma_-_0859708___Web_Decision___24_September_2014.pdf- ./Lawrence__Emma_-_0859708___Web_Decision___24_September_2014.pdf-The Panel is satisfied that this allegation is proven. ./Lawrence__Emma_-_0859708___Web_Decision___24_September_2014.pdf- ./Lawrence__Emma_-_0859708___Web_Decision___24_September_2014.pdf- iii. Sending an inappropriate photograph via Twitter messaging on one or ./Lawrence__Emma_-_0859708___Web_Decision___24_September_2014.pdf-more occasions ./Lawrence__Emma_-_0859708___Web_Decision___24_September_2014.pdf- ./Lawrence__Emma_-_0859708___Web_Decision___24_September_2014.pdf-The Panel has seen an indistinct image that in the context of the exchanges of messages ./Lawrence__Emma_-_0859708___Web_Decision___24_September_2014.pdf-appears to have been sent by Ms Lawrence. Given the time at which the message was ./Lawrence__Emma_-_0859708___Web_Decision___24_September_2014.pdf-sent, 20:21, the use of Twitter messaging between a teacher a pupil, and the content of ./Lawrence__Emma_-_0859708___Web_Decision___24_September_2014.pdf-the messages sent around this time, the Panel considered it to have been inappropriate -- ./Lawrence__Emma_-_0859708___Web_Decision___24_September_2014.pdf- iv. Sending an explicit photograph via Twitter messaging on one or more ./Lawrence__Emma_-_0859708___Web_Decision___24_September_2014.pdf-occasions ./Lawrence__Emma_-_0859708___Web_Decision___24_September_2014.pdf- ./Lawrence__Emma_-_0859708___Web_Decision___24_September_2014.pdf-The Statement of Agreed Facts contains an admission that Ms Lawrence sent Pupil A an ./Lawrence__Emma_-_0859708___Web_Decision___24_September_2014.pdf-image of parts of her body. Appendix 1 also refers to an “Inappropriate photograph sent ./Lawrence__Emma_-_0859708___Web_Decision___24_September_2014.pdf-by Ms Lawrence”, but does not contain the photograph itself. Appendix 2 of the ./Lawrence__Emma_-_0859708___Web_Decision___24_September_2014.pdf:Statement of Agreed Facts refer to “Inappropriate sexual picture sent by Ms Lawrence” ./Lawrence__Emma_-_0859708___Web_Decision___24_September_2014.pdf-but does not contain the photograph itself. Ms Lawrence has admitted exchanging the ./Lawrence__Emma_-_0859708___Web_Decision___24_September_2014.pdf-messages set out in Appendix 1 and 2. ./Lawrence__Emma_-_0859708___Web_Decision___24_September_2014.pdf- ./Lawrence__Emma_-_0859708___Web_Decision___24_September_2014.pdf-Pupil A’s statement describes the photographs sent by Ms Lawrence. He describes ./Lawrence__Emma_-_0859708___Web_Decision___24_September_2014.pdf:images of sexual organs and a sexual act. ./Lawrence__Emma_-_0859708___Web_Decision___24_September_2014.pdf- ./Lawrence__Emma_-_0859708___Web_Decision___24_September_2014.pdf-The Panel has seen three photographs sent by Ms Lawrence and considered these to be ./Lawrence__Emma_-_0859708___Web_Decision___24_September_2014.pdf:sexually explicit. The Panel finds it inappropriate to send such images to a pupil. ./Lawrence__Emma_-_0859708___Web_Decision___24_September_2014.pdf- ./Lawrence__Emma_-_0859708___Web_Decision___24_September_2014.pdf-The Panel therefore finds this allegation proven. ./Lawrence__Emma_-_0859708___Web_Decision___24_September_2014.pdf- ./Lawrence__Emma_-_0859708___Web_Decision___24_September_2014.pdf-b. Encouraged Pupil A to send her an inappropriate message and/or a ./Lawrence__Emma_-_0859708___Web_Decision___24_September_2014.pdf-photograph via Twitter messaging on one or more occasions ./Lawrence__Emma_-_0859708___Web_Decision___24_September_2014.pdf- ./Lawrence__Emma_-_0859708___Web_Decision___24_September_2014.pdf-Ms Lawrence denies this allegation, having annotated the Statement of Agreed Facts ./Lawrence__Emma_-_0859708___Web_Decision___24_September_2014.pdf-with the words “He consented not encouraged”. In an email to the Deputy Head teacher, ./Lawrence__Emma_-_0859708___Web_Decision___24_September_2014.pdf-Ms Lawrence states that the “inappropriate messages were initiated by him”. In a letter ./Lawrence__Emma_-_0859708___Web_Decision___24_September_2014.pdf-provided for these proceedings, Ms Lawrence states that Pupil A was “an adult he was -- ./Lawrence__Emma_-_0859708___Web_Decision___24_September_2014.pdf-communication, she should have stopped it immediately and reported it. ./Lawrence__Emma_-_0859708___Web_Decision___24_September_2014.pdf- ./Lawrence__Emma_-_0859708___Web_Decision___24_September_2014.pdf-There is nothing within the Panel Bundle to indicate that Ms Lawrence took any action ./Lawrence__Emma_-_0859708___Web_Decision___24_September_2014.pdf-upon receipt of the messages and photographs to stop the communication. There is ./Lawrence__Emma_-_0859708___Web_Decision___24_September_2014.pdf-evidence that it was Pupil A who informed a member of the staff at the School as to what ./Lawrence__Emma_-_0859708___Web_Decision___24_September_2014.pdf-had happened, rather than Ms Lawrence reporting the exchanges. ./Lawrence__Emma_-_0859708___Web_Decision___24_September_2014.pdf- ./Lawrence__Emma_-_0859708___Web_Decision___24_September_2014.pdf-The Panel therefore finds allegation 1c proven in its entirety, including both sub- ./Lawrence__Emma_-_0859708___Web_Decision___24_September_2014.pdf-paragraphs. ./Lawrence__Emma_-_0859708___Web_Decision___24_September_2014.pdf- ./Lawrence__Emma_-_0859708___Web_Decision___24_September_2014.pdf:2 Her conduct set out at 1.a and 1.b above was sexually motivated ./Lawrence__Emma_-_0859708___Web_Decision___24_September_2014.pdf- ./Lawrence__Emma_-_0859708___Web_Decision___24_September_2014.pdf-In the Statement of Agreed Facts, Ms Lawrence has admitted that her conduct in ./Lawrence__Emma_-_0859708___Web_Decision___24_September_2014.pdf:exchanging messages with Pupil A was sexually motivated. Having viewed the ./Lawrence__Emma_-_0859708___Web_Decision___24_September_2014.pdf:messages exchanged between Ms Lawrence and Pupil A, and noting the explicit sexual ./Lawrence__Emma_-_0859708___Web_Decision___24_September_2014.pdf:content, the Panel was satisfied that Ms Lawrence was sexually motivated in her actions ./Lawrence__Emma_-_0859708___Web_Decision___24_September_2014.pdf-alleged at 1a. ./Lawrence__Emma_-_0859708___Web_Decision___24_September_2014.pdf- ./Lawrence__Emma_-_0859708___Web_Decision___24_September_2014.pdf-Given that she denied encouraging Pupil A as alleged in 1b, the Panel has assumed that ./Lawrence__Emma_-_0859708___Web_Decision___24_September_2014.pdf:Ms Lawrence also denies having been sexually motivated in that respect. However, given ./Lawrence__Emma_-_0859708___Web_Decision___24_September_2014.pdf-the explicit messages sent by Ms Lawrence to Pupil A encouraging his response, the ./Lawrence__Emma_-_0859708___Web_Decision___24_September_2014.pdf:Panel considers that Ms Lawrence was sexually motivated. ./Lawrence__Emma_-_0859708___Web_Decision___24_September_2014.pdf- ./Lawrence__Emma_-_0859708___Web_Decision___24_September_2014.pdf-This allegation is therefore found proven. ./Lawrence__Emma_-_0859708___Web_Decision___24_September_2014.pdf- ./Lawrence__Emma_-_0859708___Web_Decision___24_September_2014.pdf- ./Lawrence__Emma_-_0859708___Web_Decision___24_September_2014.pdf- 13 ./Lawrence__Emma_-_0859708___Web_Decision___24_September_2014.pdf- -- ./Lawrence__Emma_-_0859708___Web_Decision___24_September_2014.pdf-be given in order to be punitive, or to show that blame has been apportioned, although ./Lawrence__Emma_-_0859708___Web_Decision___24_September_2014.pdf-they are likely to have punitive effect. ./Lawrence__Emma_-_0859708___Web_Decision___24_September_2014.pdf- ./Lawrence__Emma_-_0859708___Web_Decision___24_September_2014.pdf-The Panel has considered the particular public interest considerations set out in the ./Lawrence__Emma_-_0859708___Web_Decision___24_September_2014.pdf-Guidance and having done so has found all of them to be relevant in this case, namely ./Lawrence__Emma_-_0859708___Web_Decision___24_September_2014.pdf-the protection of pupils; the maintenance of public confidence in the profession; and ./Lawrence__Emma_-_0859708___Web_Decision___24_September_2014.pdf-declaring and upholding proper standards of conduct. ./Lawrence__Emma_-_0859708___Web_Decision___24_September_2014.pdf- ./Lawrence__Emma_-_0859708___Web_Decision___24_September_2014.pdf-In light of the Panel’s findings against Ms Lawrence, there is a strong public interest ./Lawrence__Emma_-_0859708___Web_Decision___24_September_2014.pdf-consideration in respect of the protection of pupils given the serious findings of engaging ./Lawrence__Emma_-_0859708___Web_Decision___24_September_2014.pdf:in sexually motivated communications via Twitter with a pupil. ./Lawrence__Emma_-_0859708___Web_Decision___24_September_2014.pdf- ./Lawrence__Emma_-_0859708___Web_Decision___24_September_2014.pdf-Similarly, the Panel considers that public confidence in the profession could be seriously ./Lawrence__Emma_-_0859708___Web_Decision___24_September_2014.pdf-weakened if conduct such as that found against Ms Lawrence were not treated with the ./Lawrence__Emma_-_0859708___Web_Decision___24_September_2014.pdf-utmost seriousness when regulating the conduct of the profession. ./Lawrence__Emma_-_0859708___Web_Decision___24_September_2014.pdf- ./Lawrence__Emma_-_0859708___Web_Decision___24_September_2014.pdf-The Panel considered that a strong public interest consideration in declaring proper ./Lawrence__Emma_-_0859708___Web_Decision___24_September_2014.pdf-standards of conduct in the profession was also present as the conduct found proven ./Lawrence__Emma_-_0859708___Web_Decision___24_September_2014.pdf-against Ms Lawrence was wholly unacceptable. ./Lawrence__Emma_-_0859708___Web_Decision___24_September_2014.pdf- ./Lawrence__Emma_-_0859708___Web_Decision___24_September_2014.pdf-Notwithstanding the clear public interest considerations that were present, the Panel -- ./Lawrence__Emma_-_0859708___Web_Decision___24_September_2014.pdf-prohibition order may be appropriate if certain behaviours of a teacher have been proven. ./Lawrence__Emma_-_0859708___Web_Decision___24_September_2014.pdf-The relevant behaviours in this case are: ./Lawrence__Emma_-_0859708___Web_Decision___24_September_2014.pdf- ./Lawrence__Emma_-_0859708___Web_Decision___24_September_2014.pdf-  serious departure from the personal and professional conduct elements of the ./Lawrence__Emma_-_0859708___Web_Decision___24_September_2014.pdf- teachers’ standards ./Lawrence__Emma_-_0859708___Web_Decision___24_September_2014.pdf-  misconduct seriously affecting the education and/or well being of pupils, and ./Lawrence__Emma_-_0859708___Web_Decision___24_September_2014.pdf- particularly where there is a continuing risk ./Lawrence__Emma_-_0859708___Web_Decision___24_September_2014.pdf-  abuse of position or trust (particularly involving vulnerable pupils) or violation of the ./Lawrence__Emma_-_0859708___Web_Decision___24_September_2014.pdf- rights of pupils ./Lawrence__Emma_-_0859708___Web_Decision___24_September_2014.pdf:  sexual misconduct, e.g. involving actions that were sexually motivated or of a ./Lawrence__Emma_-_0859708___Web_Decision___24_September_2014.pdf: sexual nature and/or that use or exploit the trust, knowledge or influence derived ./Lawrence__Emma_-_0859708___Web_Decision___24_September_2014.pdf- from the individual’s professional position; ./Lawrence__Emma_-_0859708___Web_Decision___24_September_2014.pdf-Ms Lawrence has stated that Pupil A was 18 years old, fully consenting and initiated ./Lawrence__Emma_-_0859708___Web_Decision___24_September_2014.pdf-contact, and that the relationship did not, at any point, become physical. The Panel was ./Lawrence__Emma_-_0859708___Web_Decision___24_September_2014.pdf-concerned that Ms Lawrence failed to show any insight as to the potential consequences ./Lawrence__Emma_-_0859708___Web_Decision___24_September_2014.pdf-for Pupil A as a result of her abuse of her position of trust. She appears to fail to ./Lawrence__Emma_-_0859708___Web_Decision___24_September_2014.pdf-appreciate that she was the person in the position of responsibility. She refers to the ./Lawrence__Emma_-_0859708___Web_Decision___24_September_2014.pdf-interaction having not impacted on her teaching or her ability to be professional. ./Lawrence__Emma_-_0859708___Web_Decision___24_September_2014.pdf-However, her conduct was at odds with the professional standards expected of a ./Lawrence__Emma_-_0859708___Web_Decision___24_September_2014.pdf-teacher. She has however, apologised to the School for what happened and has made ./Lawrence__Emma_-_0859708___Web_Decision___24_September_2014.pdf-substantial admissions regarding her conduct. ./Lawrence__Emma_-_0859708___Web_Decision___24_September_2014.pdf- ./Lawrence__Emma_-_0859708___Web_Decision___24_September_2014.pdf-There were behaviours that would point to a Prohibition Order being appropriate. The ./Lawrence__Emma_-_0859708___Web_Decision___24_September_2014.pdf-Panel therefore went on to consider whether or not there were sufficient mitigating factors ./Lawrence__Emma_-_0859708___Web_Decision___24_September_2014.pdf-to militate against a Prohibition Order being an appropriate and proportionate measure to ./Lawrence__Emma_-_0859708___Web_Decision___24_September_2014.pdf-impose, particularly taking into account the nature and severity of the behaviour in this ./Lawrence__Emma_-_0859708___Web_Decision___24_September_2014.pdf-case. In light of the Panel’s findings, there was no evidence that the teacher’s actions ./Lawrence__Emma_-_0859708___Web_Decision___24_September_2014.pdf:were not deliberate and in fact the Panel found the teacher’s actions to be sexually ./Lawrence__Emma_-_0859708___Web_Decision___24_September_2014.pdf-motivated. There was no evidence to suggest that the teacher was acting under duress. ./Lawrence__Emma_-_0859708___Web_Decision___24_September_2014.pdf-Ms Lawrence has made representations regarding her health, the stress, both personal ./Lawrence__Emma_-_0859708___Web_Decision___24_September_2014.pdf-and professional that she was under at the time of the events, but the Panel could not ./Lawrence__Emma_-_0859708___Web_Decision___24_September_2014.pdf-see how such matters could have impacted on her ability to maintain a proper ./Lawrence__Emma_-_0859708___Web_Decision___24_September_2014.pdf-professional relationship with a pupil. Ms Lawrence did have a previously good history. ./Lawrence__Emma_-_0859708___Web_Decision___24_September_2014.pdf-The Panel has seen cards and thank you notes from students she has taught and one ./Lawrence__Emma_-_0859708___Web_Decision___24_September_2014.pdf-nomination she received for a teaching award. The Panel placed little weight on the ./Lawrence__Emma_-_0859708___Web_Decision___24_September_2014.pdf-thank you notes submitted by Ms Lawrence, since it unclear whether the authors were ./Lawrence__Emma_-_0859708___Web_Decision___24_September_2014.pdf-aware of the allegations against her, or when such documents were written. She has ./Lawrence__Emma_-_0859708___Web_Decision___24_September_2014.pdf-referred to having received outstanding comments in her lesson observations, and -- ./Lawrence__Emma_-_0859708___Web_Decision___24_September_2014.pdf- ./Lawrence__Emma_-_0859708___Web_Decision___24_September_2014.pdf-The Panel went on to consider whether or not it would appropriate for them to decide to ./Lawrence__Emma_-_0859708___Web_Decision___24_September_2014.pdf-recommend that a review period of the order should be considered. The Panel were ./Lawrence__Emma_-_0859708___Web_Decision___24_September_2014.pdf-mindful that the Guidance advises that a Prohibition Order applies for life, but there may ./Lawrence__Emma_-_0859708___Web_Decision___24_September_2014.pdf-be circumstances in any given case that may make it appropriate to allow a teacher to ./Lawrence__Emma_-_0859708___Web_Decision___24_September_2014.pdf-apply to have the prohibition order reviewed after a specified period of time that may not ./Lawrence__Emma_-_0859708___Web_Decision___24_September_2014.pdf-be less than two years. ./Lawrence__Emma_-_0859708___Web_Decision___24_September_2014.pdf- ./Lawrence__Emma_-_0859708___Web_Decision___24_September_2014.pdf-The Teacher Misconduct – Prohibition of Teachers Advice indicates that there are ./Lawrence__Emma_-_0859708___Web_Decision___24_September_2014.pdf-behaviours that, if proven, would militate against a review period being recommended. ./Lawrence__Emma_-_0859708___Web_Decision___24_September_2014.pdf:These behaviours include serious sexual misconduct, e.g. where the act was sexually ./Lawrence__Emma_-_0859708___Web_Decision___24_September_2014.pdf-motivated and resulted in or had the potential to result in, harm to a person or persons, ./Lawrence__Emma_-_0859708___Web_Decision___24_September_2014.pdf-particularly where the individual has used their professional position to influence or ./Lawrence__Emma_-_0859708___Web_Decision___24_September_2014.pdf-exploit a person or persons. The Panel has found that Ms Lawrence’s actions to have ./Lawrence__Emma_-_0859708___Web_Decision___24_September_2014.pdf:been sexually motivated. She encouraged Pupil A to engage in exchanging ./Lawrence__Emma_-_0859708___Web_Decision___24_September_2014.pdf:inappropriate, sexually explicit messages and photographs with her. Ms Lawrence has ./Lawrence__Emma_-_0859708___Web_Decision___24_September_2014.pdf-failed to recognise that she was the person in the position of responsibility. ./Lawrence__Emma_-_0859708___Web_Decision___24_September_2014.pdf- ./Lawrence__Emma_-_0859708___Web_Decision___24_September_2014.pdf-The Panel is of the view that the findings indicated a situation in which a review period ./Lawrence__Emma_-_0859708___Web_Decision___24_September_2014.pdf-would not be appropriate. The Panel decided that it would be proportionate in all the ./Lawrence__Emma_-_0859708___Web_Decision___24_September_2014.pdf-circumstances for the Prohibition Order to be recommended without provision for a ./Lawrence__Emma_-_0859708___Web_Decision___24_September_2014.pdf-review. ./Lawrence__Emma_-_0859708___Web_Decision___24_September_2014.pdf- ./Lawrence__Emma_-_0859708___Web_Decision___24_September_2014.pdf- ./Lawrence__Emma_-_0859708___Web_Decision___24_September_2014.pdf-Decision and reasons on behalf of the Secretary of ./Lawrence__Emma_-_0859708___Web_Decision___24_September_2014.pdf-State ./Lawrence__Emma_-_0859708___Web_Decision___24_September_2014.pdf-I have given very careful consideration to this case and to the recommendations of the ./Lawrence__Emma_-_0859708___Web_Decision___24_September_2014.pdf-panel in respect of sanction and review period. ./Lawrence__Emma_-_0859708___Web_Decision___24_September_2014.pdf- ./Lawrence__Emma_-_0859708___Web_Decision___24_September_2014.pdf:This is a very serious case involving findings and admissions of sexual misconduct. ./Lawrence__Emma_-_0859708___Web_Decision___24_September_2014.pdf- ./Lawrence__Emma_-_0859708___Web_Decision___24_September_2014.pdf-Ms Lawrence, through her behaviours, has failed to demonstrate consistently high ./Lawrence__Emma_-_0859708___Web_Decision___24_September_2014.pdf-standards of personal and professional conduct. In particular, Ms Lawrence is in breach ./Lawrence__Emma_-_0859708___Web_Decision___24_September_2014.pdf-of the following standards: ./Lawrence__Emma_-_0859708___Web_Decision___24_September_2014.pdf- ./Lawrence__Emma_-_0859708___Web_Decision___24_September_2014.pdf-  Teachers uphold public trust in the profession and maintain high standards of ./Lawrence__Emma_-_0859708___Web_Decision___24_September_2014.pdf- ethics and behaviour, within and outside school, by ./Lawrence__Emma_-_0859708___Web_Decision___24_September_2014.pdf- treating pupils with dignity, building relationships rooted in mutual respect, ./Lawrence__Emma_-_0859708___Web_Decision___24_September_2014.pdf- and at all times observing proper boundaries appropriate to a teacher’s ./Lawrence__Emma_-_0859708___Web_Decision___24_September_2014.pdf- professional position; ./Layfield__Jonathan__11960__-_Web_Decision.pdf-profession into disrepute, in that whilst employed at Vandyke Upper School, Leighton ./Layfield__Jonathan__11960__-_Web_Decision.pdf-Buzzard between July 2012 and May 2014, you: ./Layfield__Jonathan__11960__-_Web_Decision.pdf- ./Layfield__Jonathan__11960__-_Web_Decision.pdf- 1. Entered into an inappropriate relationship with Student A, a sixteen year old ./Layfield__Jonathan__11960__-_Web_Decision.pdf- female pupil, in that you: ./Layfield__Jonathan__11960__-_Web_Decision.pdf- a) Engaged in inappropriate email conversations with Student A ./Layfield__Jonathan__11960__-_Web_Decision.pdf- b) Encouraged a relationship beyond a normal teacher/pupil relationship ./Layfield__Jonathan__11960__-_Web_Decision.pdf- c) On 14 March 2014 kissed Student A whilst at school ./Layfield__Jonathan__11960__-_Web_Decision.pdf- ./Layfield__Jonathan__11960__-_Web_Decision.pdf- ./Layfield__Jonathan__11960__-_Web_Decision.pdf: 2. In doing so your conduct was sexually motivated." ./Layfield__Jonathan__11960__-_Web_Decision.pdf- ./Layfield__Jonathan__11960__-_Web_Decision.pdf- ./Layfield__Jonathan__11960__-_Web_Decision.pdf-C. Preliminary applications ./Layfield__Jonathan__11960__-_Web_Decision.pdf-There were no preliminary applications. ./Layfield__Jonathan__11960__-_Web_Decision.pdf- ./Layfield__Jonathan__11960__-_Web_Decision.pdf- ./Layfield__Jonathan__11960__-_Web_Decision.pdf-D. Summary of evidence ./Layfield__Jonathan__11960__-_Web_Decision.pdf- ./Layfield__Jonathan__11960__-_Web_Decision.pdf-Documents ./Layfield__Jonathan__11960__-_Web_Decision.pdf-In advance of the hearing, the Panel received a bundle of documents which included: -- ./Layfield__Jonathan__11960__-_Web_Decision.pdf-E. Decision and reasons ./Layfield__Jonathan__11960__-_Web_Decision.pdf-The Panel announced its decision and reasons as follows: ./Layfield__Jonathan__11960__-_Web_Decision.pdf- ./Layfield__Jonathan__11960__-_Web_Decision.pdf-We have now carefully considered the case before us and have reached a decision. ./Layfield__Jonathan__11960__-_Web_Decision.pdf- ./Layfield__Jonathan__11960__-_Web_Decision.pdf-This case concerns an alleged inappropriate relationship between Mr Layfield and a 16 ./Layfield__Jonathan__11960__-_Web_Decision.pdf-year old female student, Student A. At the material time Mr Layfield was a history teacher ./Layfield__Jonathan__11960__-_Web_Decision.pdf-at Vandyke Upper School, Bedfordshire. It is alleged that between July 2012 and May ./Layfield__Jonathan__11960__-_Web_Decision.pdf-2014 in a series of emails between Mr Layfield and Student A, he significantly ./Layfield__Jonathan__11960__-_Web_Decision.pdf-transgressed appropriate professional boundaries between teacher and student. The ./Layfield__Jonathan__11960__-_Web_Decision.pdf:nature and content of those emails is alleged to have been sexualised and inappropriate. ./Layfield__Jonathan__11960__-_Web_Decision.pdf-It is further alleged that on 14 March 2014 the relationship became physical in that Mr ./Layfield__Jonathan__11960__-_Web_Decision.pdf-Layfield and Student A kissed whilst on school property. ./Layfield__Jonathan__11960__-_Web_Decision.pdf- ./Layfield__Jonathan__11960__-_Web_Decision.pdf-Over the weekend of 15 to 16 March 2014 Student A's parents became aware of the ./Layfield__Jonathan__11960__-_Web_Decision.pdf-relationship. Shortly thereafter, on 18 March 2014, Mr Layfield's employer became aware ./Layfield__Jonathan__11960__-_Web_Decision.pdf-that an inappropriate relationship may have been taking place. The school interviewed ./Layfield__Jonathan__11960__-_Web_Decision.pdf-Student A on 21 March 2014 where she initially denied the relationship. When shown the ./Layfield__Jonathan__11960__-_Web_Decision.pdf-emails between them which the school had obtained copies of she accepted that a ./Layfield__Jonathan__11960__-_Web_Decision.pdf-relationship had indeed taken place and said that she felt very guilty about it. She was ./Layfield__Jonathan__11960__-_Web_Decision.pdf-extremely worried that Mr Layfield might lose his job. The school Principal immediately -- ./Layfield__Jonathan__11960__-_Web_Decision.pdf:2. In doing so your conduct was sexually motivated ./Layfield__Jonathan__11960__-_Web_Decision.pdf-The Panel's findings and reasons in relation to this particular are as follows: ./Layfield__Jonathan__11960__-_Web_Decision.pdf- ./Layfield__Jonathan__11960__-_Web_Decision.pdf-The Panel notes that Mr Layfield accepts the facts of the allegations against him in the ./Layfield__Jonathan__11960__-_Web_Decision.pdf-Agreed Statement of Facts. ./Layfield__Jonathan__11960__-_Web_Decision.pdf- ./Layfield__Jonathan__11960__-_Web_Decision.pdf:The language and contents of the emails sent by Mr Layfield was undoubtedly sexualised ./Layfield__Jonathan__11960__-_Web_Decision.pdf:and on one occasion revealed that he had fantasies of having sexual intercourse with ./Layfield__Jonathan__11960__-_Web_Decision.pdf-Student A. ./Layfield__Jonathan__11960__-_Web_Decision.pdf- ./Layfield__Jonathan__11960__-_Web_Decision.pdf-The Panel therefore finds that the conduct of Mr Layfield alleged in particulars 1a), 1b), ./Layfield__Jonathan__11960__-_Web_Decision.pdf:and 1c) was sexually motivated. ./Layfield__Jonathan__11960__-_Web_Decision.pdf- ./Layfield__Jonathan__11960__-_Web_Decision.pdf- ./Layfield__Jonathan__11960__-_Web_Decision.pdf- ./Layfield__Jonathan__11960__-_Web_Decision.pdf- ./Layfield__Jonathan__11960__-_Web_Decision.pdf-Findings as to unacceptable professional conduct and/or ./Layfield__Jonathan__11960__-_Web_Decision.pdf-conduct that may bring the profession into disrepute ./Layfield__Jonathan__11960__-_Web_Decision.pdf- ./Layfield__Jonathan__11960__-_Web_Decision.pdf-In the Panel's judgment Mr Layfield's conduct amounts to both unacceptable professional ./Layfield__Jonathan__11960__-_Web_Decision.pdf-conduct and also conduct that may bring the profession into disrepute. This is accepted ./Layfield__Jonathan__11960__-_Web_Decision.pdf-by Mr Layfield. -- ./Layfield__Jonathan__11960__-_Web_Decision.pdf-to expect that those young persons who are in the care of teachers will not be subject to ./Layfield__Jonathan__11960__-_Web_Decision.pdf:sexualised attention and that professional boundaries will be maintained. ./Layfield__Jonathan__11960__-_Web_Decision.pdf- ./Layfield__Jonathan__11960__-_Web_Decision.pdf-In the Panel's judgment the conduct of Mr Layfield may well bring the profession into ./Layfield__Jonathan__11960__-_Web_Decision.pdf-disrepute. This is also accepted by Mr Layfield. A teacher crossing professional ./Layfield__Jonathan__11960__-_Web_Decision.pdf:boundaries into a sexualised relationship with a student can only damage the public's ./Layfield__Jonathan__11960__-_Web_Decision.pdf-perception and confidence in the profession. ./Layfield__Jonathan__11960__-_Web_Decision.pdf- ./Layfield__Jonathan__11960__-_Web_Decision.pdf- ./Layfield__Jonathan__11960__-_Web_Decision.pdf- ./Layfield__Jonathan__11960__-_Web_Decision.pdf- ./Layfield__Jonathan__11960__-_Web_Decision.pdf-Panel’s recommendation to the Secretary of State ./Layfield__Jonathan__11960__-_Web_Decision.pdf-The Panel went on to consider the issue of prohibition. The Panel has considered the ./Layfield__Jonathan__11960__-_Web_Decision.pdf-'Teacher misconduct: the prohibition of teachers' guidance dated July 2014. ./Layfield__Jonathan__11960__-_Web_Decision.pdf- ./Layfield__Jonathan__11960__-_Web_Decision.pdf-The Panel note that Mr Layfield has not sought to dispute the allegations made against ./Ledgister__Jason_SoS_decision__REDACTED__.pdf- b. on or around 27 June 2017, when he drove up next to a woman and; ./Ledgister__Jason_SoS_decision__REDACTED__.pdf- ./Ledgister__Jason_SoS_decision__REDACTED__.pdf- i. suggested that she should watch him; ./Ledgister__Jason_SoS_decision__REDACTED__.pdf- ./Ledgister__Jason_SoS_decision__REDACTED__.pdf- ii. engaged in masturbation; ./Ledgister__Jason_SoS_decision__REDACTED__.pdf- ./Ledgister__Jason_SoS_decision__REDACTED__.pdf- c. on or around 8 May 2018, when he was holding his penis and/or engaging in ./Ledgister__Jason_SoS_decision__REDACTED__.pdf- masturbation in front of a woman in a park. ./Ledgister__Jason_SoS_decision__REDACTED__.pdf- ./Ledgister__Jason_SoS_decision__REDACTED__.pdf-2. His conduct as may be found proven at 1a and/or 1b and/or 1c was conduct that was ./Ledgister__Jason_SoS_decision__REDACTED__.pdf: of a sexual nature and/or was sexually motivated. ./Ledgister__Jason_SoS_decision__REDACTED__.pdf- ./Ledgister__Jason_SoS_decision__REDACTED__.pdf-3. He provided false and/or misleading information to the police, and/or failed to ./Ledgister__Jason_SoS_decision__REDACTED__.pdf- disclose relevant information, in that when arrested in connection with the incident set ./Ledgister__Jason_SoS_decision__REDACTED__.pdf- out at 1c above he gave his profession as ‘labourer’, despite the fact that he had ./Ledgister__Jason_SoS_decision__REDACTED__.pdf- been undertaking work as a Supply Teacher via Monarch Education. ./Ledgister__Jason_SoS_decision__REDACTED__.pdf- ./Ledgister__Jason_SoS_decision__REDACTED__.pdf-4. His conduct as may be found proven at 3 above lacked integrity and/or was ./Ledgister__Jason_SoS_decision__REDACTED__.pdf- dishonest. ./Ledgister__Jason_SoS_decision__REDACTED__.pdf- ./Ledgister__Jason_SoS_decision__REDACTED__.pdf-Mr Ledgister denied the facts of the allegations, as set out in the response to the notice -- ./Ledgister__Jason_SoS_decision__REDACTED__.pdf-locations. Mr Ledgister claimed corroborating evidence was available, although this was ./Ledgister__Jason_SoS_decision__REDACTED__.pdf-not provided to the panel. ./Ledgister__Jason_SoS_decision__REDACTED__.pdf- ./Ledgister__Jason_SoS_decision__REDACTED__.pdf-The panel attributed less weight to those parts of the evidence that were hearsay and ./Ledgister__Jason_SoS_decision__REDACTED__.pdf-could not be tested. However, in considering the hearsay evidence, the panel noted a ./Ledgister__Jason_SoS_decision__REDACTED__.pdf-pattern of behaviour between all three allegations. ./Ledgister__Jason_SoS_decision__REDACTED__.pdf- ./Ledgister__Jason_SoS_decision__REDACTED__.pdf-On the balance of probabilities the panel found allegation 1 proven. ./Ledgister__Jason_SoS_decision__REDACTED__.pdf- ./Ledgister__Jason_SoS_decision__REDACTED__.pdf-2. Your conduct as may be found proven at 1a and/or 1b and/or 1c was conduct ./Ledgister__Jason_SoS_decision__REDACTED__.pdf: that was of a sexual nature and/or was sexually motivated. ./Ledgister__Jason_SoS_decision__REDACTED__.pdf- ./Ledgister__Jason_SoS_decision__REDACTED__.pdf-The panel’s attention was drawn to section 78 Sexual Offences Act 2003 and to the ./Ledgister__Jason_SoS_decision__REDACTED__.pdf-cases of Sait v The General Medical Council [2018], Basson v General Medical Council ./Ledgister__Jason_SoS_decision__REDACTED__.pdf-[2018] and The General Medical Counsel v Haris [2020] EWHC 2518. ./Ledgister__Jason_SoS_decision__REDACTED__.pdf- ./Ledgister__Jason_SoS_decision__REDACTED__.pdf:The panel considered whether the conduct was sexually motivated. It noted that in ./Ledgister__Jason_SoS_decision__REDACTED__.pdf:Basson it was stated that “A sexual motive means that the conduct was done either in ./Ledgister__Jason_SoS_decision__REDACTED__.pdf:pursuit of sexual gratification or in pursuit of a sexual relationship”. The panel further ./Ledgister__Jason_SoS_decision__REDACTED__.pdf-considered that in Haris, the High Court indicated that the criteria in Basson sets the bar ./Ledgister__Jason_SoS_decision__REDACTED__.pdf-too high. Foster J stated: ./Ledgister__Jason_SoS_decision__REDACTED__.pdf- ./Ledgister__Jason_SoS_decision__REDACTED__.pdf-“in the present case it is in my judgement clear beyond argument that the intimate ./Ledgister__Jason_SoS_decision__REDACTED__.pdf:touching of Patients A and B was sexual and that answering a question as to the ./Ledgister__Jason_SoS_decision__REDACTED__.pdf-motivation of the toucher, the only available answer, is yes, the motivation must have ./Ledgister__Jason_SoS_decision__REDACTED__.pdf:been sexual[…]” ./Ledgister__Jason_SoS_decision__REDACTED__.pdf- ./Ledgister__Jason_SoS_decision__REDACTED__.pdf-“Of course, there are significant differences in the context and the analogy is not exact, ./Ledgister__Jason_SoS_decision__REDACTED__.pdf:but it does seem to me that pleading ‘sexual motivation’ is unhelpful. Similarly to look for ./Ledgister__Jason_SoS_decision__REDACTED__.pdf:‘sexual gratification” may be misleading or overcomplicating. It is irrelevant to the actions ./Ledgister__Jason_SoS_decision__REDACTED__.pdf:which the GMC would wish to proscribe whether or not the perpetrator was sexually ./Ledgister__Jason_SoS_decision__REDACTED__.pdf-“gratified” at all – whether before, after or during the act in question. Gratification, as with ./Ledgister__Jason_SoS_decision__REDACTED__.pdf-“pursuit of a relationship” are, pace the analysis of Mostyn J in Basson, not helpful in my ./Ledgister__Jason_SoS_decision__REDACTED__.pdf- ./Ledgister__Jason_SoS_decision__REDACTED__.pdf- 9 ./Ledgister__Jason_SoS_decision__REDACTED__.pdf- -- ./Ledgister__Jason_SoS_decision__REDACTED__.pdf-judgement in promoting the public interests at stake here. These criteria set the bar too ./Ledgister__Jason_SoS_decision__REDACTED__.pdf-high and I respectfully disagree that they represent the law”. ./Ledgister__Jason_SoS_decision__REDACTED__.pdf- ./Ledgister__Jason_SoS_decision__REDACTED__.pdf:“Had the touching been pleaded as being ‘sexual’ and had the Tribunal asked ./Ledgister__Jason_SoS_decision__REDACTED__.pdf-themselves whether in all the circumstances, which includes the absence of accident[…] ./Ledgister__Jason_SoS_decision__REDACTED__.pdf-absence of consent […] and any other clinical or other proper justification […] then it ./Ledgister__Jason_SoS_decision__REDACTED__.pdf-seems to me impossible they would have reached any conclusion other than that the ./Ledgister__Jason_SoS_decision__REDACTED__.pdf:touching was sexual”. ./Ledgister__Jason_SoS_decision__REDACTED__.pdf- ./Ledgister__Jason_SoS_decision__REDACTED__.pdf-On examination of the documents before the panel and consideration of the wider ./Ledgister__Jason_SoS_decision__REDACTED__.pdf-documentary and oral evidence, the panel concluded that Mr Ledgister’s conduct as set ./Ledgister__Jason_SoS_decision__REDACTED__.pdf:out in allegations 1a)i-ii, 1b)i-ii and c was sexually motivated. ./Ledgister__Jason_SoS_decision__REDACTED__.pdf- ./Ledgister__Jason_SoS_decision__REDACTED__.pdf-The panel found allegation 2 proven on the balance of probabilities ./Ledgister__Jason_SoS_decision__REDACTED__.pdf- ./Ledgister__Jason_SoS_decision__REDACTED__.pdf-3. You provided false and/or misleading information to the police, and/or failed to ./Ledgister__Jason_SoS_decision__REDACTED__.pdf- disclose relevant information, in that when arrested in connection with the ./Ledgister__Jason_SoS_decision__REDACTED__.pdf- incident set out at 1c above you gave your profession as ‘labourer’, despite the ./Ledgister__Jason_SoS_decision__REDACTED__.pdf- fact that you had been undertaking work as a Supply Teacher via Monarch ./Ledgister__Jason_SoS_decision__REDACTED__.pdf- Education. ./Ledgister__Jason_SoS_decision__REDACTED__.pdf- ./Ledgister__Jason_SoS_decision__REDACTED__.pdf-The panel noted the undated letter from [redacted] submitted on behalf of Mr Ledgister, -- ./Ledgister__Jason_SoS_decision__REDACTED__.pdf-The panel was satisfied that the conduct of Mr Ledgister amounted to misconduct of a ./Ledgister__Jason_SoS_decision__REDACTED__.pdf-serious nature which fell significantly short of the standards expected of the profession. ./Ledgister__Jason_SoS_decision__REDACTED__.pdf- ./Ledgister__Jason_SoS_decision__REDACTED__.pdf-The panel also considered whether Mr Ledgister’s conduct displayed behaviours ./Ledgister__Jason_SoS_decision__REDACTED__.pdf-associated with any of the offences listed on pages 12 and 13 of the Advice. ./Ledgister__Jason_SoS_decision__REDACTED__.pdf- ./Ledgister__Jason_SoS_decision__REDACTED__.pdf:The panel found that the offence of sexual activity was relevant. The Advice indicates ./Ledgister__Jason_SoS_decision__REDACTED__.pdf-that where behaviours associated with such an offence exist, a panel is more likely to ./Ledgister__Jason_SoS_decision__REDACTED__.pdf-conclude that an individual’s conduct would amount to unacceptable professional ./Ledgister__Jason_SoS_decision__REDACTED__.pdf-conduct. ./Ledgister__Jason_SoS_decision__REDACTED__.pdf- ./Ledgister__Jason_SoS_decision__REDACTED__.pdf-The panel noted that the allegations took place outside the education setting, however, ./Ledgister__Jason_SoS_decision__REDACTED__.pdf-the panel considered that the nature of Mr Ledgister’s misconduct impacted upon his ./Ledgister__Jason_SoS_decision__REDACTED__.pdf-profession as a teacher. ./Ledgister__Jason_SoS_decision__REDACTED__.pdf- ./Ledgister__Jason_SoS_decision__REDACTED__.pdf-Accordingly, the panel was satisfied that Mr Ledgister was guilty of unacceptable ./Ledgister__Jason_SoS_decision__REDACTED__.pdf-professional conduct. -- ./Ledgister__Jason_SoS_decision__REDACTED__.pdf- ./Ledgister__Jason_SoS_decision__REDACTED__.pdf-In carrying out the balancing exercise, the panel had regard to the public interest ./Ledgister__Jason_SoS_decision__REDACTED__.pdf-considerations both in favour of, and against, prohibition as well as the interests of Mr ./Ledgister__Jason_SoS_decision__REDACTED__.pdf-Ledgister. The panel took further account of the Advice, which suggests that a prohibition ./Ledgister__Jason_SoS_decision__REDACTED__.pdf-order may be appropriate if certain behaviours of a teacher have been proved. In the list ./Ledgister__Jason_SoS_decision__REDACTED__.pdf-of such behaviours, those that were relevant in this case were: ./Ledgister__Jason_SoS_decision__REDACTED__.pdf- ./Ledgister__Jason_SoS_decision__REDACTED__.pdf- • serious departure from the personal and professional conduct elements of the ./Ledgister__Jason_SoS_decision__REDACTED__.pdf- Teachers’ Standards; ./Ledgister__Jason_SoS_decision__REDACTED__.pdf- ./Ledgister__Jason_SoS_decision__REDACTED__.pdf: • sexual misconduct, for example, involving actions that were sexually motivated or ./Ledgister__Jason_SoS_decision__REDACTED__.pdf: of a sexual nature and/or that use or exploit the trust, knowledge or influence ./Ledgister__Jason_SoS_decision__REDACTED__.pdf- derived from the individual’s professional position; ./Ledgister__Jason_SoS_decision__REDACTED__.pdf- ./Ledgister__Jason_SoS_decision__REDACTED__.pdf- • dishonesty or a lack of integrity, including the deliberate concealment of their ./Ledgister__Jason_SoS_decision__REDACTED__.pdf- actions or purposeful destruction of evidence, especially where these behaviours ./Ledgister__Jason_SoS_decision__REDACTED__.pdf- have been repeated or had serious consequences, or involved the coercion of ./Ledgister__Jason_SoS_decision__REDACTED__.pdf- another person to act in a way contrary to their own interests; ./Ledgister__Jason_SoS_decision__REDACTED__.pdf- ./Ledgister__Jason_SoS_decision__REDACTED__.pdf- ./Ledgister__Jason_SoS_decision__REDACTED__.pdf- ./Ledgister__Jason_SoS_decision__REDACTED__.pdf- 13 -- ./Ledgister__Jason_SoS_decision__REDACTED__.pdf-The panel first considered whether it would be proportionate to conclude this case with ./Ledgister__Jason_SoS_decision__REDACTED__.pdf-no recommendation of prohibition, considering whether the publication of the findings ./Ledgister__Jason_SoS_decision__REDACTED__.pdf-made by the panel would be sufficient. ./Ledgister__Jason_SoS_decision__REDACTED__.pdf- ./Ledgister__Jason_SoS_decision__REDACTED__.pdf-The panel was of the view that, applying the standard of the ordinary intelligent citizen, it ./Ledgister__Jason_SoS_decision__REDACTED__.pdf-would not be a proportionate and appropriate response to recommend no prohibition ./Ledgister__Jason_SoS_decision__REDACTED__.pdf-order. ./Ledgister__Jason_SoS_decision__REDACTED__.pdf- ./Ledgister__Jason_SoS_decision__REDACTED__.pdf-The panel was of the view that prohibition was both proportionate and appropriate. The ./Ledgister__Jason_SoS_decision__REDACTED__.pdf-panel decided that the public interest considerations outweighed the interests of Mr ./Ledgister__Jason_SoS_decision__REDACTED__.pdf:Ledgister. The nature of the incidents and the sexual element of them was a significant ./Ledgister__Jason_SoS_decision__REDACTED__.pdf-factor in forming that opinion. Accordingly, the panel made a recommendation to the ./Ledgister__Jason_SoS_decision__REDACTED__.pdf-Secretary of State that a prohibition order should be imposed with immediate effect. ./Ledgister__Jason_SoS_decision__REDACTED__.pdf- ./Ledgister__Jason_SoS_decision__REDACTED__.pdf-The panel went on to consider whether or not it would be appropriate for it to decide to ./Ledgister__Jason_SoS_decision__REDACTED__.pdf-recommend a review period of the order. The panel was mindful that the Advice states ./Ledgister__Jason_SoS_decision__REDACTED__.pdf-that a prohibition order applies for life, but there may be circumstances, in any given ./Ledgister__Jason_SoS_decision__REDACTED__.pdf-case, that may make it appropriate to allow a teacher to apply to have the prohibition ./Ledgister__Jason_SoS_decision__REDACTED__.pdf-order reviewed after a specified period of time that may not be less than 2 years. ./Ledgister__Jason_SoS_decision__REDACTED__.pdf- ./Ledgister__Jason_SoS_decision__REDACTED__.pdf-The Advice indicates that there are behaviours that, if proved, would militate against the ./Ledgister__Jason_SoS_decision__REDACTED__.pdf:recommendation of a review period. One of these behaviours include serious sexual ./Ledgister__Jason_SoS_decision__REDACTED__.pdf:misconduct, such as where the act was sexually motivated and resulted in, or had the ./Ledgister__Jason_SoS_decision__REDACTED__.pdf-potential to result in, harm to a person or persons. The panel found that Mr Ledgister was ./Ledgister__Jason_SoS_decision__REDACTED__.pdf-responsible for indecent exposure on a number of occasions. These offences have ./Ledgister__Jason_SoS_decision__REDACTED__.pdf-resulted in harm to other people and caused them to change their behaviours. ./Ledgister__Jason_SoS_decision__REDACTED__.pdf- ./Ledgister__Jason_SoS_decision__REDACTED__.pdf- ./Ledgister__Jason_SoS_decision__REDACTED__.pdf- ./Ledgister__Jason_SoS_decision__REDACTED__.pdf- ./Ledgister__Jason_SoS_decision__REDACTED__.pdf- 14 ./Ledgister__Jason_SoS_decision__REDACTED__.pdf- -- ./Ledgister__Jason_SoS_decision__REDACTED__.pdf- • Teachers must have proper and professional regard for the ethos, policies and ./Ledgister__Jason_SoS_decision__REDACTED__.pdf- practices of the school in which they teach ./Ledgister__Jason_SoS_decision__REDACTED__.pdf- ./Ledgister__Jason_SoS_decision__REDACTED__.pdf- • Teachers must have an understanding of, and always act within, the statutory ./Ledgister__Jason_SoS_decision__REDACTED__.pdf- frameworks which set out their professional duties and responsibilities ./Ledgister__Jason_SoS_decision__REDACTED__.pdf- ./Ledgister__Jason_SoS_decision__REDACTED__.pdf-The panel finds that the conduct of Mr Ledgister fell significantly short of the standards ./Ledgister__Jason_SoS_decision__REDACTED__.pdf-expected of the profession. ./Ledgister__Jason_SoS_decision__REDACTED__.pdf- ./Ledgister__Jason_SoS_decision__REDACTED__.pdf-The findings of misconduct are particularly serious as they include findings which ./Ledgister__Jason_SoS_decision__REDACTED__.pdf:involved indecent exposure, conduct found to be sexually motivated, lacked integrity and ./Ledgister__Jason_SoS_decision__REDACTED__.pdf-was dishonest. ./Ledgister__Jason_SoS_decision__REDACTED__.pdf- ./Ledgister__Jason_SoS_decision__REDACTED__.pdf-I have to determine whether the imposition of a prohibition order is proportionate and in ./Ledgister__Jason_SoS_decision__REDACTED__.pdf-the public interest. In considering that for this case, I have considered the overall aim of a ./Ledgister__Jason_SoS_decision__REDACTED__.pdf- ./Ledgister__Jason_SoS_decision__REDACTED__.pdf- 15 ./Ledgister__Jason_SoS_decision__REDACTED__.pdf- -- ./Ledgister__Jason_SoS_decision__REDACTED__.pdf-findings against Mr Ledgister, which involved indecent exposure and a lack of integrity ./Ledgister__Jason_SoS_decision__REDACTED__.pdf-and/or being dishonest, there was a strong public interest consideration in in respect of ./Ledgister__Jason_SoS_decision__REDACTED__.pdf-the protection of pupils.” A prohibition order would therefore prevent such a risk from ./Ledgister__Jason_SoS_decision__REDACTED__.pdf-being present in the future. ./Ledgister__Jason_SoS_decision__REDACTED__.pdf- ./Ledgister__Jason_SoS_decision__REDACTED__.pdf-I have gone on to consider the extent to which a prohibition order would maintain public ./Ledgister__Jason_SoS_decision__REDACTED__.pdf-confidence in the profession. The panel observe, “Similarly, the panel considered that ./Ledgister__Jason_SoS_decision__REDACTED__.pdf-public confidence in the profession could be seriously weakened if conduct such as that ./Ledgister__Jason_SoS_decision__REDACTED__.pdf-found against Mr Ledgister was not treated with the utmost seriousness when regulating ./Ledgister__Jason_SoS_decision__REDACTED__.pdf-the conduct of the profession.” I am particularly mindful of the finding of indecent ./Ledgister__Jason_SoS_decision__REDACTED__.pdf:exposure and sexual motivation in this case and the impact that such a finding has on the ./Ledgister__Jason_SoS_decision__REDACTED__.pdf-reputation of the profession. ./Ledgister__Jason_SoS_decision__REDACTED__.pdf- ./Ledgister__Jason_SoS_decision__REDACTED__.pdf-I have had to consider that the public has a high expectation of professional standards of ./Ledgister__Jason_SoS_decision__REDACTED__.pdf-all teachers and that the public might regard a failure to impose a prohibition order as a ./Ledgister__Jason_SoS_decision__REDACTED__.pdf-failure to uphold those high standards. In weighing these considerations, I have had to ./Ledgister__Jason_SoS_decision__REDACTED__.pdf-consider the matter from the point of view of an “ordinary intelligent and well-informed ./Ledgister__Jason_SoS_decision__REDACTED__.pdf-citizen.” ./Ledgister__Jason_SoS_decision__REDACTED__.pdf- ./Ledgister__Jason_SoS_decision__REDACTED__.pdf-I have considered whether the publication of a finding of unacceptable professional ./Ledgister__Jason_SoS_decision__REDACTED__.pdf-conduct, in the absence of a prohibition order, can itself be regarded by such a person as -- ./Ledgister__Jason_SoS_decision__REDACTED__.pdf-Ledgister’s misconduct impacted upon his profession as a teacher. ./Ledgister__Jason_SoS_decision__REDACTED__.pdf- ./Ledgister__Jason_SoS_decision__REDACTED__.pdf-For these reasons, I have concluded that a prohibition order is proportionate and in the ./Ledgister__Jason_SoS_decision__REDACTED__.pdf-public interest in order to achieve the intended aims of a prohibition order. ./Ledgister__Jason_SoS_decision__REDACTED__.pdf- ./Ledgister__Jason_SoS_decision__REDACTED__.pdf-I have gone on to consider the matter of a review period. In this case, the panel has ./Ledgister__Jason_SoS_decision__REDACTED__.pdf-recommended that no provision should be made for a review period. ./Ledgister__Jason_SoS_decision__REDACTED__.pdf- ./Ledgister__Jason_SoS_decision__REDACTED__.pdf-I have considered the panel’s comments “The Advice indicates that there are behaviours ./Ledgister__Jason_SoS_decision__REDACTED__.pdf-that, if proved, would militate against the recommendation of a review period. One of ./Ledgister__Jason_SoS_decision__REDACTED__.pdf:these behaviours include serious sexual misconduct, such as where the act was sexually ./Ledgister__Jason_SoS_decision__REDACTED__.pdf-motivated and resulted in, or had the potential to result in, harm to a person or persons. ./Ledgister__Jason_SoS_decision__REDACTED__.pdf-The panel found that Mr Ledgister was responsible for indecent exposure on a number of ./Ledgister__Jason_SoS_decision__REDACTED__.pdf-occasions. These offences have resulted in harm to other people and caused them to ./Ledgister__Jason_SoS_decision__REDACTED__.pdf-change their behaviours.” ./Ledgister__Jason_SoS_decision__REDACTED__.pdf- ./Ledgister__Jason_SoS_decision__REDACTED__.pdf-I have considered whether not allowing a review period reflects the seriousness of the ./Ledgister__Jason_SoS_decision__REDACTED__.pdf-findings and is a proportionate period to achieve the aim of maintaining public confidence ./Ledgister__Jason_SoS_decision__REDACTED__.pdf- ./Ledgister__Jason_SoS_decision__REDACTED__.pdf- 17 ./Ledgister__Jason_SoS_decision__REDACTED__.pdf- ./Lee__Kevin_-_Web_Decision.pdf- ./Lee__Kevin_-_Web_Decision.pdf- c. encouraged Pupil A to send him a picture of himself; ./Lee__Kevin_-_Web_Decision.pdf- ./Lee__Kevin_-_Web_Decision.pdf- d. asked Pupil A on 19 January 2017 to delete communications that he had ./Lee__Kevin_-_Web_Decision.pdf- sent to him. ./Lee__Kevin_-_Web_Decision.pdf- ./Lee__Kevin_-_Web_Decision.pdf- 2. Sent a text message to a colleague, Individual A, stating “Oh my god, [Pupil B] is ./Lee__Kevin_-_Web_Decision.pdf- such a hunk I’ve been looking at his huge fingers & wishing they were inside me” ./Lee__Kevin_-_Web_Decision.pdf- or words to that effect in or around the summer term of 2011. ./Lee__Kevin_-_Web_Decision.pdf- ./Lee__Kevin_-_Web_Decision.pdf: 3. His actions at allegations 1(a) and/or 1(b) and/or 1(c) and/or 2 were sexually ./Lee__Kevin_-_Web_Decision.pdf- motivated. ./Lee__Kevin_-_Web_Decision.pdf- ./Lee__Kevin_-_Web_Decision.pdf- ./Lee__Kevin_-_Web_Decision.pdf-C. Preliminary applications ./Lee__Kevin_-_Web_Decision.pdf-There were two preliminary issues for the panel to consider. ./Lee__Kevin_-_Web_Decision.pdf- ./Lee__Kevin_-_Web_Decision.pdf-The first issue was to confirm that page 19 of the bundle, which the Agency confirmed ./Lee__Kevin_-_Web_Decision.pdf-should not have been included in the bundles and which should have been redacted ./Lee__Kevin_-_Web_Decision.pdf-before being provided to the panellists, had not been read by the panellists and had been ./Lee__Kevin_-_Web_Decision.pdf-disregarded/removed/redacted. All three panellists confirmed that they had not read page -- ./Lee__Kevin_-_Web_Decision.pdf- ii. “[Pupil A], I’m not a ladies man, I’m a gentlemen man …..!” ./Lee__Kevin_-_Web_Decision.pdf- ./Lee__Kevin_-_Web_Decision.pdf-Mr Lee consistently admitted to having sent this message, in the investigation and when ./Lee__Kevin_-_Web_Decision.pdf-giving oral evidence to the panel at the hearing. In addition, the panel saw evidence ./Lee__Kevin_-_Web_Decision.pdf-within the bundle of the social media message containing this wording, which Mr Lee ./Lee__Kevin_-_Web_Decision.pdf-sent to the pupil in question. ./Lee__Kevin_-_Web_Decision.pdf- ./Lee__Kevin_-_Web_Decision.pdf-The panel considered whether sending this message to the pupil was inappropriate. The ./Lee__Kevin_-_Web_Decision.pdf-panel found that it is inappropriate for a teacher to send a message of this nature to a ./Lee__Kevin_-_Web_Decision.pdf-pupil on social media. The message appears to the panel to be flirtatious in nature and to ./Lee__Kevin_-_Web_Decision.pdf:indicate the sexual orientation of the teacher. Teachers should maintain safe and ./Lee__Kevin_-_Web_Decision.pdf-appropriate boundaries with pupils to protect both pupils and teachers, as well as to act ./Lee__Kevin_-_Web_Decision.pdf-as role models. Teachers should seek to protect pupils from engaging in any ./Lee__Kevin_-_Web_Decision.pdf-inappropriate contact outside the scope of providing and receiving education and ./Lee__Kevin_-_Web_Decision.pdf-appropriate pastoral support. The panel found that Mr Lee’s action in sending this ./Lee__Kevin_-_Web_Decision.pdf-message to the pupil was inappropriate as it fell significantly short of the behaviour ./Lee__Kevin_-_Web_Decision.pdf-expected of a teacher. ./Lee__Kevin_-_Web_Decision.pdf- ./Lee__Kevin_-_Web_Decision.pdf-Therefore, on the balance of probabilities, the panel found this allegation proven. ./Lee__Kevin_-_Web_Decision.pdf- ./Lee__Kevin_-_Web_Decision.pdf- c. encouraged Pupil A to send you a picture of himself; -- ./Lee__Kevin_-_Web_Decision.pdf-been called to give evidence, and therefore which the panel has not had the opportunity ./Lee__Kevin_-_Web_Decision.pdf-to directly challenge. ./Lee__Kevin_-_Web_Decision.pdf- ./Lee__Kevin_-_Web_Decision.pdf-The panel took into account the fact that Mr Lee admitted that he sent a text message to ./Lee__Kevin_-_Web_Decision.pdf-his colleague in the terms quoted by her in her written recollection of events, which is ./Lee__Kevin_-_Web_Decision.pdf-also the wording set out in the allegation. The panel considered that, on the balance of ./Lee__Kevin_-_Web_Decision.pdf-probabilities, it accepted that this message was sent. ./Lee__Kevin_-_Web_Decision.pdf- ./Lee__Kevin_-_Web_Decision.pdf-The panel considered whether this message was inappropriate. The panel found that it ./Lee__Kevin_-_Web_Decision.pdf-was exceptionally inappropriate for Mr Lee to have sent a message in such explicit ./Lee__Kevin_-_Web_Decision.pdf:sexual terms, “wishing” for sexual activity with a pupil. Teachers should maintain safe and ./Lee__Kevin_-_Web_Decision.pdf-appropriate boundaries with pupils, and teachers should act professionally and act as ./Lee__Kevin_-_Web_Decision.pdf-role models. The panel found that Mr Lee’s action in sending this message to his ./Lee__Kevin_-_Web_Decision.pdf:colleague was inherently inappropriate as it made a direct sexual reference to a pupil, ./Lee__Kevin_-_Web_Decision.pdf:and a desired sexual activity with a pupil. ./Lee__Kevin_-_Web_Decision.pdf- ./Lee__Kevin_-_Web_Decision.pdf-Therefore, on the balance of probabilities, the panel found this allegation proven. ./Lee__Kevin_-_Web_Decision.pdf- ./Lee__Kevin_-_Web_Decision.pdf: 3. Your actions at allegations 1(a) and/or 1(b) and/or 1(c) and/or 2 were sexually ./Lee__Kevin_-_Web_Decision.pdf- motivated. ./Lee__Kevin_-_Web_Decision.pdf- ./Lee__Kevin_-_Web_Decision.pdf-The panel received legal advice that, when considering whether Mr Lee’s actions were ./Lee__Kevin_-_Web_Decision.pdf:sexually motivated, it should consider whether, on the balance of probabilities, a ./Lee__Kevin_-_Web_Decision.pdf:reasonable person would think the words and/or actions found proven could be sexual. If ./Lee__Kevin_-_Web_Decision.pdf-so, to ask itself whether, in all the circumstances of the conduct in the case, it is more ./Lee__Kevin_-_Web_Decision.pdf:likely than not that Mr Lee’s purpose of such words/actions was sexual. ./Lee__Kevin_-_Web_Decision.pdf- ./Lee__Kevin_-_Web_Decision.pdf:The panel considered whether, even in the absence of direct evidence, sexual motivation ./Lee__Kevin_-_Web_Decision.pdf-should be inferred from all the circumstances of the case. The panel had in mind the ./Lee__Kevin_-_Web_Decision.pdf-evidence of Mr Lee’s character and considered whether such evidence had any bearing ./Lee__Kevin_-_Web_Decision.pdf-on his credibility or propensity to have carried out the alleged facts, or to the ./Lee__Kevin_-_Web_Decision.pdf-circumstances in which he found himself in. ./Lee__Kevin_-_Web_Decision.pdf- ./Lee__Kevin_-_Web_Decision.pdf:The panel found that Mr Lee’s actions in allegations 1(a), 1(b), 1(c) and 2 were sexually ./Lee__Kevin_-_Web_Decision.pdf-motivated. ./Lee__Kevin_-_Web_Decision.pdf- ./Lee__Kevin_-_Web_Decision.pdf-In relation to allegation 1(b) the panel considered that both statements made by Mr Lee ./Lee__Kevin_-_Web_Decision.pdf:were sexually motivated because asking a pupil to take off clothing and to forward a ./Lee__Kevin_-_Web_Decision.pdf:photograph after doing so, and referring to sexuality in that context are likely, on a ./Lee__Kevin_-_Web_Decision.pdf- ./Lee__Kevin_-_Web_Decision.pdf- ./Lee__Kevin_-_Web_Decision.pdf- 9 ./Lee__Kevin_-_Web_Decision.pdf- -- ./Lee__Kevin_-_Web_Decision.pdf:balance of probabilities, to suggest a sexual context existed and that it was said with a ./Lee__Kevin_-_Web_Decision.pdf:view of flirting and/or seeking some form of sexual gratification. ./Lee__Kevin_-_Web_Decision.pdf- ./Lee__Kevin_-_Web_Decision.pdf-In relation to allegations 1(a) and 1(c) the panel noted that it does not consider that ./Lee__Kevin_-_Web_Decision.pdf:sending a photograph or asking for a photograph is, in itself, sexually motivated. The ./Lee__Kevin_-_Web_Decision.pdf-context here, however, is such that the sending and requesting of the photographs was ./Lee__Kevin_-_Web_Decision.pdf:sexual as the panel had regard to the circumstances in which the request and provision ./Lee__Kevin_-_Web_Decision.pdf-was made. The panel noted that the message sent in allegation 1(b)(i), requesting that ./Lee__Kevin_-_Web_Decision.pdf-the pupil forward a photograph of himself without his top on demonstrated the context in ./Lee__Kevin_-_Web_Decision.pdf:which the request was made, and that this was sexual. In addition, Mr Lee chose to send ./Lee__Kevin_-_Web_Decision.pdf-a topless photograph of himself rather than a photograph in which he was fully clothed. ./Lee__Kevin_-_Web_Decision.pdf-Taking these matters together, and considering the context overall, the panel found that, ./Lee__Kevin_-_Web_Decision.pdf:on the balance of probabilities, these two allegations were sexually motivated. ./Lee__Kevin_-_Web_Decision.pdf- ./Lee__Kevin_-_Web_Decision.pdf-In relation to allegation 2 the panel considered Mr Lee’s submissions that whilst he ./Lee__Kevin_-_Web_Decision.pdf:understood that this behaviour was inappropriate, he did not intend it to be sexual in ./Lee__Kevin_-_Web_Decision.pdf:nature. The panel found that the wording in the text message was sexually explicit and ./Lee__Kevin_-_Web_Decision.pdf:that it expressly mentioned that Mr Lee wished that the pupil would participate in a sexual ./Lee__Kevin_-_Web_Decision.pdf-activity with him. The panel asked Mr Lee whether he agreed that his reference was to a ./Lee__Kevin_-_Web_Decision.pdf:sexual activity and Mr Lee agreed that it was. Mr Lee then said that it was not intended to ./Lee__Kevin_-_Web_Decision.pdf:be sexual in nature, rather an element of “banter” between colleagues, and that he had ./Lee__Kevin_-_Web_Decision.pdf:no expectation that any sexual activity with the pupil would take place. The panel found ./Lee__Kevin_-_Web_Decision.pdf-Mr Lee’s admissions to have been inconsistent with his oral submissions. The panel ./Lee__Kevin_-_Web_Decision.pdf-asked Mr Lee whether there was any other explanation for the activity referenced in the ./Lee__Kevin_-_Web_Decision.pdf-allegation, such as whether there was any health reason as to why Mr Lee would have ./Lee__Kevin_-_Web_Decision.pdf-such desire for the pupil to undertake this activity, and Mr Lee confirmed that there was ./Lee__Kevin_-_Web_Decision.pdf:not. The panel could see no other reason therefore, other than sexual, for this comment ./Lee__Kevin_-_Web_Decision.pdf-to have been made in the text message. ./Lee__Kevin_-_Web_Decision.pdf- ./Lee__Kevin_-_Web_Decision.pdf:Therefore, the panel concluded that, on the balance of probabilities, this was sexually ./Lee__Kevin_-_Web_Decision.pdf-motivated. ./Lee__Kevin_-_Web_Decision.pdf- ./Lee__Kevin_-_Web_Decision.pdf-Findings as to unacceptable professional conduct and/or conduct that ./Lee__Kevin_-_Web_Decision.pdf-may bring the profession into disrepute ./Lee__Kevin_-_Web_Decision.pdf-Having found all of the allegations to have been proven, the panel has gone on to ./Lee__Kevin_-_Web_Decision.pdf-consider whether the facts of those proven allegations amount to unacceptable ./Lee__Kevin_-_Web_Decision.pdf-professional conduct and/or conduct that may bring the profession into disrepute. ./Lee__Kevin_-_Web_Decision.pdf- ./Lee__Kevin_-_Web_Decision.pdf-In doing so, the panel has had regard to the document Teacher Misconduct: The ./Lee__Kevin_-_Web_Decision.pdf-Prohibition of Teachers, which the panel refers to as “the Advice”. -- ./Lee__Kevin_-_Web_Decision.pdf-measure, and whether it is in the public interest to do so. Prohibition orders should not be ./Lee__Kevin_-_Web_Decision.pdf-given in order to be punitive, or to show that blame has been apportioned, although they ./Lee__Kevin_-_Web_Decision.pdf-are likely to have punitive effect. ./Lee__Kevin_-_Web_Decision.pdf- ./Lee__Kevin_-_Web_Decision.pdf-The panel has considered the particular public interest considerations set out in the ./Lee__Kevin_-_Web_Decision.pdf-Advice and having done so has found a number of them to be relevant in this case, ./Lee__Kevin_-_Web_Decision.pdf-namely the protection of pupils, the maintenance of public confidence in the profession ./Lee__Kevin_-_Web_Decision.pdf-and declaring and upholding proper standards of conduct. ./Lee__Kevin_-_Web_Decision.pdf- ./Lee__Kevin_-_Web_Decision.pdf-In light of the panel’s findings against Mr Lee, which involved finding that all of the ./Lee__Kevin_-_Web_Decision.pdf:allegations were proven, were sexually motivated, and amounted to unacceptable ./Lee__Kevin_-_Web_Decision.pdf-professional conduct and conduct which would bring the profession into disrepute, there ./Lee__Kevin_-_Web_Decision.pdf-is a strong public interest consideration in protecting pupils given the serious findings. ./Lee__Kevin_-_Web_Decision.pdf- ./Lee__Kevin_-_Web_Decision.pdf-Similarly, the panel considers that public confidence in the profession could be seriously ./Lee__Kevin_-_Web_Decision.pdf-weakened if conduct such as that found against Mr Lee were not treated with the utmost ./Lee__Kevin_-_Web_Decision.pdf-seriousness when regulating the conduct of the profession. ./Lee__Kevin_-_Web_Decision.pdf- ./Lee__Kevin_-_Web_Decision.pdf-The panel considered that a strong public interest consideration in declaring proper ./Lee__Kevin_-_Web_Decision.pdf-standards of conduct in the profession was also present as the conduct found against Mr ./Lee__Kevin_-_Web_Decision.pdf-Lee was outside that which could be reasonably tolerated. -- ./Lee__Kevin_-_Web_Decision.pdf-  serious departure from the personal and professional conduct elements of the ./Lee__Kevin_-_Web_Decision.pdf- Teachers’ Standards; ./Lee__Kevin_-_Web_Decision.pdf-  misconduct seriously affecting the education and/or well-being of pupils, and ./Lee__Kevin_-_Web_Decision.pdf- particularly where there is a continuing risk; ./Lee__Kevin_-_Web_Decision.pdf-  a deep-seated attitude that leads to harmful behaviour; ./Lee__Kevin_-_Web_Decision.pdf-  abuse of position or trust (particularly involving vulnerable pupils) or violation of the ./Lee__Kevin_-_Web_Decision.pdf- rights of pupils; ./Lee__Kevin_-_Web_Decision.pdf:  sexual misconduct, e.g. involving actions that were sexually motivated or of a ./Lee__Kevin_-_Web_Decision.pdf: sexual nature and/or that use or exploit the trust, knowledge or influence derived ./Lee__Kevin_-_Web_Decision.pdf- from the individual’s professional position. ./Lee__Kevin_-_Web_Decision.pdf-Even though there were behaviours that would point to a prohibition order being ./Lee__Kevin_-_Web_Decision.pdf-appropriate, the panel went on to consider whether or not there were sufficient mitigating ./Lee__Kevin_-_Web_Decision.pdf-factors to militate against a prohibition order being an appropriate and proportionate ./Lee__Kevin_-_Web_Decision.pdf-measure to impose, particularly taking into account the nature and severity of the ./Lee__Kevin_-_Web_Decision.pdf-behaviour in this case. ./Lee__Kevin_-_Web_Decision.pdf- ./Lee__Kevin_-_Web_Decision.pdf-Mr Lee’s actions were deliberate and he was not acting under duress. The panel took ./Lee__Kevin_-_Web_Decision.pdf-into account the fact that the allegations include Mr Lee’s actions from 2011, in which he ./Lee__Kevin_-_Web_Decision.pdf-was given a final written warning. Mr Lee has then conducted himself in the way set out -- ./Lee__Kevin_-_Web_Decision.pdf-made by the panel is sufficient. ./Lee__Kevin_-_Web_Decision.pdf- ./Lee__Kevin_-_Web_Decision.pdf-The panel is of the view that applying the standard of the ordinary intelligent citizen ./Lee__Kevin_-_Web_Decision.pdf-recommending no prohibition order is not a proportionate and appropriate response. ./Lee__Kevin_-_Web_Decision.pdf-Recommending that publication of adverse findings is sufficient in the case would ./Lee__Kevin_-_Web_Decision.pdf-unacceptably compromise the public interest considerations present, despite the severity ./Lee__Kevin_-_Web_Decision.pdf-of the consequences of prohibition for the teacher. ./Lee__Kevin_-_Web_Decision.pdf- ./Lee__Kevin_-_Web_Decision.pdf-The panel is of the view that prohibition is both proportionate and appropriate. The panel ./Lee__Kevin_-_Web_Decision.pdf-decided that the public interest considerations outweighed the interests of Mr Lee. The ./Lee__Kevin_-_Web_Decision.pdf:fact that the allegations were sexually motivated was a significant factor in forming that ./Lee__Kevin_-_Web_Decision.pdf-opinion. Accordingly, the panel made a recommendation to the Secretary of State that a ./Lee__Kevin_-_Web_Decision.pdf-prohibition order should be imposed with immediate effect. ./Lee__Kevin_-_Web_Decision.pdf- ./Lee__Kevin_-_Web_Decision.pdf- ./Lee__Kevin_-_Web_Decision.pdf- 13 ./Lee__Kevin_-_Web_Decision.pdf- -- ./Lee__Kevin_-_Web_Decision.pdf-to apply to have the prohibition order reviewed after a specified period of time that may ./Lee__Kevin_-_Web_Decision.pdf-not be less than 2 years. ./Lee__Kevin_-_Web_Decision.pdf- ./Lee__Kevin_-_Web_Decision.pdf-Whilst the panel notes that the teacher’s witness statement of 20 August 2018 suggests ./Lee__Kevin_-_Web_Decision.pdf-that he is remorseful for his actions and that he now appreciates the inappropriateness of ./Lee__Kevin_-_Web_Decision.pdf-his behaviour, the panel has some concerns that he does not yet fully appreciate the ./Lee__Kevin_-_Web_Decision.pdf-need to maintain appropriate boundaries between pupils and teachers, as set out in more ./Lee__Kevin_-_Web_Decision.pdf-detail above in relation to the lack of insight shown. ./Lee__Kevin_-_Web_Decision.pdf- ./Lee__Kevin_-_Web_Decision.pdf-The Advice indicates that there are behaviours that, if proven, would militate against a ./Lee__Kevin_-_Web_Decision.pdf:review period being recommended. These behaviours include serious sexual ./Lee__Kevin_-_Web_Decision.pdf:misconduct, e.g. where the act was sexually motivated and resulted in or had the ./Lee__Kevin_-_Web_Decision.pdf-potential to result in, harm to a person or persons. The panel has found that Mr Lee has ./Lee__Kevin_-_Web_Decision.pdf-sent messages and photographs to a pupil, and to a colleague, which have been found to ./Lee__Kevin_-_Web_Decision.pdf:have been sexually motivated. Such behaviour links to a recommendation that no review ./Lee__Kevin_-_Web_Decision.pdf-period be recommended. The panel took this into account when it went on to consider ./Lee__Kevin_-_Web_Decision.pdf-the teacher’s mitigation and the impact on the teaching profession of the loss of a ./Lee__Kevin_-_Web_Decision.pdf-potentially good teacher. ./Lee__Kevin_-_Web_Decision.pdf- ./Lee__Kevin_-_Web_Decision.pdf-The panel took into account Mr Lee’s mitigation evidence which demonstrated his quality ./Lee__Kevin_-_Web_Decision.pdf-as a teacher and that he was considered to be a valuable colleague. His performance ./Lee__Kevin_-_Web_Decision.pdf-management reviews also identified that he had the potential to become an excellent ./Lee__Kevin_-_Web_Decision.pdf-teacher. The panel saw testimony from teachers, parents and pupils as to what a good ./Lee__Kevin_-_Web_Decision.pdf-teacher Mr Lee was. ./Lee__Kevin_-_Web_Decision.pdf- -- ./Lee__Kevin_-_Web_Decision.pdf- professional position; ./Lee__Kevin_-_Web_Decision.pdf- o having regard for the need to safeguard pupils’ well-being, in accordance with ./Lee__Kevin_-_Web_Decision.pdf- statutory provisions. ./Lee__Kevin_-_Web_Decision.pdf-  Teachers must have proper and professional regard for the ethos, policies and ./Lee__Kevin_-_Web_Decision.pdf- practices of the school in which they teach. ./Lee__Kevin_-_Web_Decision.pdf-  Teachers must have an understanding of, and always act within, the statutory ./Lee__Kevin_-_Web_Decision.pdf- frameworks which set out their professional duties and responsibilities. ./Lee__Kevin_-_Web_Decision.pdf-The panel finds that the conduct of Mr Lee fell significantly short of the standards ./Lee__Kevin_-_Web_Decision.pdf-expected of the profession. ./Lee__Kevin_-_Web_Decision.pdf- ./Lee__Kevin_-_Web_Decision.pdf:The findings of misconduct are particularly serious as they include a finding of sexual ./Lee__Kevin_-_Web_Decision.pdf-misconduct. ./Lee__Kevin_-_Web_Decision.pdf- ./Lee__Kevin_-_Web_Decision.pdf-I have to determine whether the imposition of a prohibition order is proportionate and in ./Lee__Kevin_-_Web_Decision.pdf-the public interest. In considering that for this case I have considered the overall aim of a ./Lee__Kevin_-_Web_Decision.pdf-prohibition order which is to protect pupils and to maintain public confidence in the ./Lee__Kevin_-_Web_Decision.pdf-profession. I have considered the extent to which a prohibition order in this case would ./Lee__Kevin_-_Web_Decision.pdf-achieve that aim taking into account the impact that it will have on the individual teacher. ./Lee__Kevin_-_Web_Decision.pdf-I have also asked myself whether or not a less intrusive measure, such as the published ./Lee__Kevin_-_Web_Decision.pdf-finding of unacceptable professional conduct and conduct that may bring the profession ./Lee__Kevin_-_Web_Decision.pdf-into disrepute, would itself be sufficient to achieve the overall aim. I have to consider -- ./Lee__Kevin_-_Web_Decision.pdf-set out in the allegations relating to the 2017 period. The panel does not therefore ./Lee__Kevin_-_Web_Decision.pdf-consider that these actions were out of character.” In my judgement the lack of insight ./Lee__Kevin_-_Web_Decision.pdf-means that there is some risk of the repetition of this behaviour and this risks future ./Lee__Kevin_-_Web_Decision.pdf-pupils’ safeguarding. I have therefore given this element considerable weight in reaching ./Lee__Kevin_-_Web_Decision.pdf-my decision. ./Lee__Kevin_-_Web_Decision.pdf- ./Lee__Kevin_-_Web_Decision.pdf-I have gone on to consider the extent to which a prohibition order would maintain public ./Lee__Kevin_-_Web_Decision.pdf-confidence in the profession. The panel observe, “public confidence in the profession ./Lee__Kevin_-_Web_Decision.pdf-could be seriously weakened if conduct such as that found against Mr Lee were not ./Lee__Kevin_-_Web_Decision.pdf-treated with the utmost seriousness when regulating the conduct of the profession.” I am ./Lee__Kevin_-_Web_Decision.pdf:particularly mindful of the finding of sexual misconduct in this case and the impact that ./Lee__Kevin_-_Web_Decision.pdf-such a finding has on the reputation of the profession. ./Lee__Kevin_-_Web_Decision.pdf- ./Lee__Kevin_-_Web_Decision.pdf-I have had to consider that the public has a high expectation of professional standards of ./Lee__Kevin_-_Web_Decision.pdf-all teachers and that failure to impose a prohibition order might be regarded by the public ./Lee__Kevin_-_Web_Decision.pdf-as a failure to uphold those high standards. In weighing these considerations I have had ./Lee__Kevin_-_Web_Decision.pdf-to consider the matter from the point of view of an “ordinary intelligent and well-informed ./Lee__Kevin_-_Web_Decision.pdf-citizen.” ./Lee__Kevin_-_Web_Decision.pdf- ./Lee__Kevin_-_Web_Decision.pdf-I have considered whether the publication of a finding of unacceptable professional ./Lee__Kevin_-_Web_Decision.pdf-conduct, in the absence of a prohibition order, can itself be regarded by such a person as -- ./Lee__Kevin_-_Web_Decision.pdf-pupils as to what a good teacher Mr Lee was.” ./Lee__Kevin_-_Web_Decision.pdf- ./Lee__Kevin_-_Web_Decision.pdf-The panel has also said it took the view that, “although it considered Mr Lee’s actions ./Lee__Kevin_-_Web_Decision.pdf-were deep seated in nature, it felt that 5 years would be a sufficient period of time for Mr ./Lee__Kevin_-_Web_Decision.pdf-Lee to demonstrate to a review panel that he was then fit to be a teacher.” ./Lee__Kevin_-_Web_Decision.pdf- ./Lee__Kevin_-_Web_Decision.pdf-I have considered whether a 5 year review period reflects the seriousness of the findings ./Lee__Kevin_-_Web_Decision.pdf-and is a proportionate period to achieve the aim of maintaining public confidence in the ./Lee__Kevin_-_Web_Decision.pdf-profession. In this case, there are two factors that in my view mean that a two year review ./Lee__Kevin_-_Web_Decision.pdf-period is not sufficient to achieve the aim of maintaining public confidence in the ./Lee__Kevin_-_Web_Decision.pdf:profession. These elements are the sexual misconduct found and the lack of either full ./Lee__Kevin_-_Web_Decision.pdf-insight or remorse. ./Lee__Kevin_-_Web_Decision.pdf- ./Lee__Kevin_-_Web_Decision.pdf-I consider therefore that a five year review period is required to satisfy the maintenance ./Lee__Kevin_-_Web_Decision.pdf-of public confidence in the profession. ./Lee__Kevin_-_Web_Decision.pdf- ./Lee__Kevin_-_Web_Decision.pdf-This means that Mr Kevin Michael Lee is prohibited from teaching indefinitely and ./Lee__Kevin_-_Web_Decision.pdf-cannot teach in any school, sixth form college, relevant youth accommodation or ./Lee__Kevin_-_Web_Decision.pdf-children’s home in England. He may apply for the prohibition order to be set aside, but ./Lee__Kevin_-_Web_Decision.pdf-not until 11 September 2023, 5 years from the date of this order at the earliest. This is not ./Lee__Kevin_-_Web_Decision.pdf-an automatic right to have the prohibition order removed. If he does apply, a panel will ./Leishman__Michael_Robert_-_Web_Decision_2_April_2015.pdf-justification and/ or were inappropriate in that she was reluctant to do move (sic) ./Leishman__Michael_Robert_-_Web_Decision_2_April_2015.pdf-across the apparatus ./Leishman__Michael_Robert_-_Web_Decision_2_April_2015.pdf- ./Leishman__Michael_Robert_-_Web_Decision_2_April_2015.pdf-The senior LSA and LSA 3 gave evidence that, during the same PE lesson as referred to ./Leishman__Michael_Robert_-_Web_Decision_2_April_2015.pdf-above, one activity involved the pupils climbing over a set of padded steps. They both ./Leishman__Michael_Robert_-_Web_Decision_2_April_2015.pdf-described Mr Leishman placing himself over Pupil C whilst she was on all fours. The ./Leishman__Michael_Robert_-_Web_Decision_2_April_2015.pdf-Senior LSA stated that he then manipulated Pupil C over these steps. LSA 3 stated that ./Leishman__Michael_Robert_-_Web_Decision_2_April_2015.pdf-he left Pupil C with no option other than to go over the steps. Both described that from ./Leishman__Michael_Robert_-_Web_Decision_2_April_2015.pdf-the noises Pupil C was making it was apparent that she did not want to go over the steps. ./Leishman__Michael_Robert_-_Web_Decision_2_April_2015.pdf- ./Leishman__Michael_Robert_-_Web_Decision_2_April_2015.pdf:Both stated that they did not believe that his actions were sexually motivated, and this ./Leishman__Michael_Robert_-_Web_Decision_2_April_2015.pdf-was not alleged. ./Leishman__Michael_Robert_-_Web_Decision_2_April_2015.pdf- ./Leishman__Michael_Robert_-_Web_Decision_2_April_2015.pdf-Mr Leishman stated that this was an activity that Pupil C had previously completed, and, ./Leishman__Michael_Robert_-_Web_Decision_2_April_2015.pdf-on this occasion, he had allowed his desire for her to complete the activity to overtake her ./Leishman__Michael_Robert_-_Web_Decision_2_April_2015.pdf-signs of distress. He said he had interpreted her protests at the commencement of the ./Leishman__Michael_Robert_-_Web_Decision_2_April_2015.pdf-activity to be the usual protests that she would often make before participating in physical ./Leishman__Michael_Robert_-_Web_Decision_2_April_2015.pdf-activities. Mr Leishman accepted that he had erred in persisting for longer than ./Leishman__Michael_Robert_-_Web_Decision_2_April_2015.pdf-necessary and that he should have responded to Pupil C’s attempts to let him know that ./Leishman__Michael_Robert_-_Web_Decision_2_April_2015.pdf-she was not enjoying the activity. ./Leishman__Michael_Robert_-_Web_Decision_2_April_2015.pdf- -- ./Leishman__Michael_Robert_-_Web_Decision_2_April_2015.pdf-The conduct at allegation 3 involved safeguarding issues and the protection of pupils. ./Leishman__Michael_Robert_-_Web_Decision_2_April_2015.pdf-However, the panel did not consider that there is any future risk to pupils for the following ./Leishman__Michael_Robert_-_Web_Decision_2_April_2015.pdf-reasons: the conduct complained of related to one lesson in the context of an ./Leishman__Michael_Robert_-_Web_Decision_2_April_2015.pdf-unblemished record; the actions taken by Mr Leishman were misguided but well- ./Leishman__Michael_Robert_-_Web_Decision_2_April_2015.pdf-intentioned, and he did not intend for the pupils to come to any harm; he had the pupils ./Leishman__Michael_Robert_-_Web_Decision_2_April_2015.pdf-best interests at heart in encouraging their independence. Furthermore, the National ./Leishman__Michael_Robert_-_Web_Decision_2_April_2015.pdf:College emphasised throughout this case, there was no allegation of sexual motivation. ./Leishman__Michael_Robert_-_Web_Decision_2_April_2015.pdf- ./Leishman__Michael_Robert_-_Web_Decision_2_April_2015.pdf-Mr Leishman demonstrated significant insight into his behaviour. He admitted at the ./Leishman__Michael_Robert_-_Web_Decision_2_April_2015.pdf-outset of this hearing shortcomings in relation to his conduct. He has reflected on the ./Leishman__Michael_Robert_-_Web_Decision_2_April_2015.pdf-events over the past 22 months and considered how he would improve his practice ./Leishman__Michael_Robert_-_Web_Decision_2_April_2015.pdf-should he be allowed to teach. The panel do not believe that Mr Leishman would make a ./Leishman__Michael_Robert_-_Web_Decision_2_April_2015.pdf-similar error of judgement again. ./Leishman__Michael_Robert_-_Web_Decision_2_April_2015.pdf- ./Leishman__Michael_Robert_-_Web_Decision_2_April_2015.pdf-The panel considered that public confidence in the profession is maintained by the ./Leishman__Michael_Robert_-_Web_Decision_2_April_2015.pdf-panel’s findings of unacceptable professional conduct and conduct that may bring the ./Leishman__Michael_Robert_-_Web_Decision_2_April_2015.pdf-profession into disrepute. Mr Leishman’s appearance before this panel is sufficient to ./Lewis_Joshua_-_SoS_Decision_OFFICIAL-SENSITIVE_for_WEB.pdf- (k) Mr Lewis threw a white board pen at one or more pupils; ./Lewis_Joshua_-_SoS_Decision_OFFICIAL-SENSITIVE_for_WEB.pdf- ./Lewis_Joshua_-_SoS_Decision_OFFICIAL-SENSITIVE_for_WEB.pdf- (l) Mr Lewis made derogatory remarks towards one or more pupils such as ./Lewis_Joshua_-_SoS_Decision_OFFICIAL-SENSITIVE_for_WEB.pdf- “blockhead” and “retard”; ./Lewis_Joshua_-_SoS_Decision_OFFICIAL-SENSITIVE_for_WEB.pdf- ./Lewis_Joshua_-_SoS_Decision_OFFICIAL-SENSITIVE_for_WEB.pdf- (m) Mr Lewis used abusive language towards one or more pupils, using terms ./Lewis_Joshua_-_SoS_Decision_OFFICIAL-SENSITIVE_for_WEB.pdf- such as “twat” and “prick”; ./Lewis_Joshua_-_SoS_Decision_OFFICIAL-SENSITIVE_for_WEB.pdf- ./Lewis_Joshua_-_SoS_Decision_OFFICIAL-SENSITIVE_for_WEB.pdf:4. Mr Lewis’ conduct as set out in paragraph 1 was sexually motivated; ./Lewis_Joshua_-_SoS_Decision_OFFICIAL-SENSITIVE_for_WEB.pdf- ./Lewis_Joshua_-_SoS_Decision_OFFICIAL-SENSITIVE_for_WEB.pdf-5. By Mr Lewis’ conduct as set out in the foregoing paragraphs, Mr Lewis failed to ./Lewis_Joshua_-_SoS_Decision_OFFICIAL-SENSITIVE_for_WEB.pdf- observe a proper boundary appropriate to a teacher’s professional position. ./Lewis_Joshua_-_SoS_Decision_OFFICIAL-SENSITIVE_for_WEB.pdf- ./Lewis_Joshua_-_SoS_Decision_OFFICIAL-SENSITIVE_for_WEB.pdf- ./Lewis_Joshua_-_SoS_Decision_OFFICIAL-SENSITIVE_for_WEB.pdf-Preliminary applications ./Lewis_Joshua_-_SoS_Decision_OFFICIAL-SENSITIVE_for_WEB.pdf-Firstly, the panel considered an application from the presenting officer to proceed in the ./Lewis_Joshua_-_SoS_Decision_OFFICIAL-SENSITIVE_for_WEB.pdf-absence of Mr Lewis. ./Lewis_Joshua_-_SoS_Decision_OFFICIAL-SENSITIVE_for_WEB.pdf- ./Lewis_Joshua_-_SoS_Decision_OFFICIAL-SENSITIVE_for_WEB.pdf-The panel was satisfied that the TRA had complied with the service requirements of -- ./Lewis_Joshua_-_SoS_Decision_OFFICIAL-SENSITIVE_for_WEB.pdf-The panel carefully considered the case before it and reached a decision. ./Lewis_Joshua_-_SoS_Decision_OFFICIAL-SENSITIVE_for_WEB.pdf- ./Lewis_Joshua_-_SoS_Decision_OFFICIAL-SENSITIVE_for_WEB.pdf-Mr Lewis had been employed at the school since 1 September 2017 as a newly qualified ./Lewis_Joshua_-_SoS_Decision_OFFICIAL-SENSITIVE_for_WEB.pdf-mathematics teacher. ./Lewis_Joshua_-_SoS_Decision_OFFICIAL-SENSITIVE_for_WEB.pdf- ./Lewis_Joshua_-_SoS_Decision_OFFICIAL-SENSITIVE_for_WEB.pdf-On or around 6 December 2017, concerns were raised regarding Mr Lewis making ./Lewis_Joshua_-_SoS_Decision_OFFICIAL-SENSITIVE_for_WEB.pdf-inappropriate comments to female students. It is alleged that Mr Lewis said to Pupil A ./Lewis_Joshua_-_SoS_Decision_OFFICIAL-SENSITIVE_for_WEB.pdf-that she had “nice breasts” or words to this effect. It was further alleged that Mr Lewis ./Lewis_Joshua_-_SoS_Decision_OFFICIAL-SENSITIVE_for_WEB.pdf-said to Pupil B, who had described a drawing as looking like her friend’s vagina, “if your ./Lewis_Joshua_-_SoS_Decision_OFFICIAL-SENSITIVE_for_WEB.pdf-vagina looks like that you’ve got a problem” or words to this effect. It is alleged that Mr ./Lewis_Joshua_-_SoS_Decision_OFFICIAL-SENSITIVE_for_WEB.pdf:Lewis’ conduct in this regard was sexually motivated. ./Lewis_Joshua_-_SoS_Decision_OFFICIAL-SENSITIVE_for_WEB.pdf- ./Lewis_Joshua_-_SoS_Decision_OFFICIAL-SENSITIVE_for_WEB.pdf-On or around 21 December 2017, Mr Lewis was put on an action plan which incorporated ./Lewis_Joshua_-_SoS_Decision_OFFICIAL-SENSITIVE_for_WEB.pdf-a continuing professional development plan (“CPD”), enhanced observations and ./Lewis_Joshua_-_SoS_Decision_OFFICIAL-SENSITIVE_for_WEB.pdf-mentoring. ./Lewis_Joshua_-_SoS_Decision_OFFICIAL-SENSITIVE_for_WEB.pdf- ./Lewis_Joshua_-_SoS_Decision_OFFICIAL-SENSITIVE_for_WEB.pdf-On or around 21 March 2018, further concerns were raised regarding Mr Lewis’ conduct ./Lewis_Joshua_-_SoS_Decision_OFFICIAL-SENSITIVE_for_WEB.pdf-towards two male students following an incident that allegedly took place in Mr Lewis’ ./Lewis_Joshua_-_SoS_Decision_OFFICIAL-SENSITIVE_for_WEB.pdf-classroom. As the school’s then investigating officer, Witness A conducted a formal ./Lewis_Joshua_-_SoS_Decision_OFFICIAL-SENSITIVE_for_WEB.pdf-investigation into the incident and a formal investigation report was produced by Witness ./Lewis_Joshua_-_SoS_Decision_OFFICIAL-SENSITIVE_for_WEB.pdf-A on 2 May 2018. -- ./Lewis_Joshua_-_SoS_Decision_OFFICIAL-SENSITIVE_for_WEB.pdf- ./Lewis_Joshua_-_SoS_Decision_OFFICIAL-SENSITIVE_for_WEB.pdf-In a separate interview given by one of Mr Lewis’ former pupils, the pupil in question did ./Lewis_Joshua_-_SoS_Decision_OFFICIAL-SENSITIVE_for_WEB.pdf-not recall Mr Lewis throwing any pens (or white board pens) at any pupils: “I don’t ./Lewis_Joshua_-_SoS_Decision_OFFICIAL-SENSITIVE_for_WEB.pdf-remember seeing [Mr Lewis] throwing pens”. ./Lewis_Joshua_-_SoS_Decision_OFFICIAL-SENSITIVE_for_WEB.pdf- ./Lewis_Joshua_-_SoS_Decision_OFFICIAL-SENSITIVE_for_WEB.pdf-In light of this, the panel considered there to be a lack of consistent evidence relating to ./Lewis_Joshua_-_SoS_Decision_OFFICIAL-SENSITIVE_for_WEB.pdf-this particular allegation. ./Lewis_Joshua_-_SoS_Decision_OFFICIAL-SENSITIVE_for_WEB.pdf- ./Lewis_Joshua_-_SoS_Decision_OFFICIAL-SENSITIVE_for_WEB.pdf-Therefore, the panel found this allegation not proved. ./Lewis_Joshua_-_SoS_Decision_OFFICIAL-SENSITIVE_for_WEB.pdf- ./Lewis_Joshua_-_SoS_Decision_OFFICIAL-SENSITIVE_for_WEB.pdf:4. Your conduct as set out in paragraph 1 was sexually motivated; ./Lewis_Joshua_-_SoS_Decision_OFFICIAL-SENSITIVE_for_WEB.pdf- ./Lewis_Joshua_-_SoS_Decision_OFFICIAL-SENSITIVE_for_WEB.pdf-The panel considers that on the balance of probabilities, Mr Lewis’ conduct as set out in ./Lewis_Joshua_-_SoS_Decision_OFFICIAL-SENSITIVE_for_WEB.pdf:paragraph 1 was not sexually motivated. ./Lewis_Joshua_-_SoS_Decision_OFFICIAL-SENSITIVE_for_WEB.pdf- ./Lewis_Joshua_-_SoS_Decision_OFFICIAL-SENSITIVE_for_WEB.pdf-The panel did not consider there to be evidence to suggest that Mr Lewis’ conduct was ./Lewis_Joshua_-_SoS_Decision_OFFICIAL-SENSITIVE_for_WEB.pdf:sexually motivated. ./Lewis_Joshua_-_SoS_Decision_OFFICIAL-SENSITIVE_for_WEB.pdf- ./Lewis_Joshua_-_SoS_Decision_OFFICIAL-SENSITIVE_for_WEB.pdf-In his oral testimony, Witness A made a firm statement that in his view, Mr Lewis’ conduct ./Lewis_Joshua_-_SoS_Decision_OFFICIAL-SENSITIVE_for_WEB.pdf:was not sexually motivated. ./Lewis_Joshua_-_SoS_Decision_OFFICIAL-SENSITIVE_for_WEB.pdf- ./Lewis_Joshua_-_SoS_Decision_OFFICIAL-SENSITIVE_for_WEB.pdf-The panel found allegation 1(a) to be not proved and therefore, this allegation was not ./Lewis_Joshua_-_SoS_Decision_OFFICIAL-SENSITIVE_for_WEB.pdf:considered by the panel when determining whether Mr Lewis’ conduct was sexually ./Lewis_Joshua_-_SoS_Decision_OFFICIAL-SENSITIVE_for_WEB.pdf-motivated. ./Lewis_Joshua_-_SoS_Decision_OFFICIAL-SENSITIVE_for_WEB.pdf- ./Lewis_Joshua_-_SoS_Decision_OFFICIAL-SENSITIVE_for_WEB.pdf-With regards to allegation 1(b), the panel considered it noteworthy that Pupils A, B and I ./Lewis_Joshua_-_SoS_Decision_OFFICIAL-SENSITIVE_for_WEB.pdf-were already discussing the topic of vaginas prior to Mr Lewis making the comment. As ./Lewis_Joshua_-_SoS_Decision_OFFICIAL-SENSITIVE_for_WEB.pdf-such, the panel acknowledged that Mr Lewis had not initiated this topic of conversation. ./Lewis_Joshua_-_SoS_Decision_OFFICIAL-SENSITIVE_for_WEB.pdf- ./Lewis_Joshua_-_SoS_Decision_OFFICIAL-SENSITIVE_for_WEB.pdf- ./Lewis_Joshua_-_SoS_Decision_OFFICIAL-SENSITIVE_for_WEB.pdf- ./Lewis_Joshua_-_SoS_Decision_OFFICIAL-SENSITIVE_for_WEB.pdf- 18 ./Lewis_Joshua_-_SoS_Decision_OFFICIAL-SENSITIVE_for_WEB.pdf- -- ./Lewis_Joshua_-_SoS_Decision_OFFICIAL-SENSITIVE_for_WEB.pdf:The panel took the view that Mr Lewis’ comment was not sexually motivated; he had ./Lewis_Joshua_-_SoS_Decision_OFFICIAL-SENSITIVE_for_WEB.pdf-actually intended for it to be a joke (albeit a wholly inappropriate one). ./Lewis_Joshua_-_SoS_Decision_OFFICIAL-SENSITIVE_for_WEB.pdf- ./Lewis_Joshua_-_SoS_Decision_OFFICIAL-SENSITIVE_for_WEB.pdf-The panel took the view that a reasonable person would not consider Mr Lewis’ comment ./Lewis_Joshua_-_SoS_Decision_OFFICIAL-SENSITIVE_for_WEB.pdf:to be sexual, if that reasonable person was aware of the context in which the comment ./Lewis_Joshua_-_SoS_Decision_OFFICIAL-SENSITIVE_for_WEB.pdf-had been made. ./Lewis_Joshua_-_SoS_Decision_OFFICIAL-SENSITIVE_for_WEB.pdf- ./Lewis_Joshua_-_SoS_Decision_OFFICIAL-SENSITIVE_for_WEB.pdf:The panel believed that sexual motivation could not be inferred from all of the ./Lewis_Joshua_-_SoS_Decision_OFFICIAL-SENSITIVE_for_WEB.pdf-circumstances of the case. The panel had not been presented with any evidence to ./Lewis_Joshua_-_SoS_Decision_OFFICIAL-SENSITIVE_for_WEB.pdf:suggest that Mr Lewis had made sexual advances with respect to any of his pupils. ./Lewis_Joshua_-_SoS_Decision_OFFICIAL-SENSITIVE_for_WEB.pdf- ./Lewis_Joshua_-_SoS_Decision_OFFICIAL-SENSITIVE_for_WEB.pdf:The panel took into account the definition of sexual motivation referred to in the case of ./Lewis_Joshua_-_SoS_Decision_OFFICIAL-SENSITIVE_for_WEB.pdf-Basson v General Medical Council [2018] EWHC 505 – i.e. that the conduct was done ./Lewis_Joshua_-_SoS_Decision_OFFICIAL-SENSITIVE_for_WEB.pdf:either in pursuit of sexual gratification or in pursuit of a future sexual relationship. The ./Lewis_Joshua_-_SoS_Decision_OFFICIAL-SENSITIVE_for_WEB.pdf-panel did not consider either of these definitions to be applicable to Mr Lewis’ conduct as ./Lewis_Joshua_-_SoS_Decision_OFFICIAL-SENSITIVE_for_WEB.pdf-set out in paragraph 1. ./Lewis_Joshua_-_SoS_Decision_OFFICIAL-SENSITIVE_for_WEB.pdf- ./Lewis_Joshua_-_SoS_Decision_OFFICIAL-SENSITIVE_for_WEB.pdf-Accordingly, on the balance of probabilities, the panel believed that it was more likely ./Lewis_Joshua_-_SoS_Decision_OFFICIAL-SENSITIVE_for_WEB.pdf:than not that Mr Lewis’ conduct as set out in paragraph 1 was not sexually motivated. ./Lewis_Joshua_-_SoS_Decision_OFFICIAL-SENSITIVE_for_WEB.pdf- ./Lewis_Joshua_-_SoS_Decision_OFFICIAL-SENSITIVE_for_WEB.pdf-Therefore, the panel found this allegation not proved. ./Lewis_Joshua_-_SoS_Decision_OFFICIAL-SENSITIVE_for_WEB.pdf- ./Lewis_Joshua_-_SoS_Decision_OFFICIAL-SENSITIVE_for_WEB.pdf-Findings as to unacceptable professional conduct and/or conduct that ./Lewis_Joshua_-_SoS_Decision_OFFICIAL-SENSITIVE_for_WEB.pdf-may bring the profession into disrepute ./Lewis_Joshua_-_SoS_Decision_OFFICIAL-SENSITIVE_for_WEB.pdf- ./Lewis_Joshua_-_SoS_Decision_OFFICIAL-SENSITIVE_for_WEB.pdf-Having found a number of the allegations proved, the panel went on to consider whether ./Lewis_Joshua_-_SoS_Decision_OFFICIAL-SENSITIVE_for_WEB.pdf-the facts of those proved allegations amounted to unacceptable professional conduct ./Lewis_Joshua_-_SoS_Decision_OFFICIAL-SENSITIVE_for_WEB.pdf-and/or conduct that may bring the profession into disrepute. ./Lewis_Joshua_-_SoS_Decision_OFFICIAL-SENSITIVE_for_WEB.pdf- ./Lewis__David_-_6404528___Web_Decision___6_August_2014.pdf- ./Lewis__David_-_6404528___Web_Decision___6_August_2014.pdf-  Teachers uphold public trust in the profession and maintain high standards of ./Lewis__David_-_6404528___Web_Decision___6_August_2014.pdf- ethics and behaviour, within and outside school, by ./Lewis__David_-_6404528___Web_Decision___6_August_2014.pdf- ...building relationships rooted in mutual respect at all times observing ./Lewis__David_-_6404528___Web_Decision___6_August_2014.pdf- proper boundaries appropriate to a teacher’s professional position; ./Lewis__David_-_6404528___Web_Decision___6_August_2014.pdf- showing tolerance of and respect for the rights of others; ./Lewis__David_-_6404528___Web_Decision___6_August_2014.pdf- ......the rule of law, individual liberty and mutual respect. ./Lewis__David_-_6404528___Web_Decision___6_August_2014.pdf-The Panel noted that the Judge’s Sentencing Remarks commented that the victim was a ./Lewis__David_-_6404528___Web_Decision___6_August_2014.pdf-daughter of friends of Mr Lewis and as he was a teacher, he could therefore be trusted ./Lewis__David_-_6404528___Web_Decision___6_August_2014.pdf-by the parents and allowed unrestricted access to the victim. Mr Lewis abused that trust ./Lewis__David_-_6404528___Web_Decision___6_August_2014.pdf:for his own sexual gratification on three occasions. The Panel therefore did not consider ./Lewis__David_-_6404528___Web_Decision___6_August_2014.pdf-Mr Lewis to have observed proper boundaries appropriate to his professional position. ./Lewis__David_-_6404528___Web_Decision___6_August_2014.pdf-He acted with no regard to the victim’s wellbeing. The matters for which Mr Lewis was ./Lewis__David_-_6404528___Web_Decision___6_August_2014.pdf-convicted were contrary to the rule of law and significantly below the personal and ./Lewis__David_-_6404528___Web_Decision___6_August_2014.pdf-professional conduct standards expected of a teacher. ./Lewis__David_-_6404528___Web_Decision___6_August_2014.pdf- ./Lewis__David_-_6404528___Web_Decision___6_August_2014.pdf-The Panel noted that the individual’s actions were relevant to teaching, working with ./Lewis__David_-_6404528___Web_Decision___6_August_2014.pdf-children and / or working in an education setting given that in the event of him returning ./Lewis__David_-_6404528___Web_Decision___6_August_2014.pdf-to teaching, Mr Lewis could have regular and frequent contact with children. ./Lewis__David_-_6404528___Web_Decision___6_August_2014.pdf- ./Lewis__David_-_6404528___Web_Decision___6_August_2014.pdf-The Panel noted that the offences for which Mr Lewis was convicted had a lasting impact ./Lewis__David_-_6404528___Web_Decision___6_August_2014.pdf-on the victim’s wellbeing. The Panel noted that the Sentencing Remarks state that the ./Lewis__David_-_6404528___Web_Decision___6_August_2014.pdf-victim suffered loss of confidence in her professional and family life and that her ./Lewis__David_-_6404528___Web_Decision___6_August_2014.pdf-childhood memories were tarnished by these events. ./Lewis__David_-_6404528___Web_Decision___6_August_2014.pdf- ./Lewis__David_-_6404528___Web_Decision___6_August_2014.pdf-The Panel has also taken account of how the teaching profession is viewed by others. ./Lewis__David_-_6404528___Web_Decision___6_August_2014.pdf-The Panel considered that the offences committed by Mr Lewis could affect the public ./Lewis__David_-_6404528___Web_Decision___6_August_2014.pdf-confidence in the teaching profession given the influence that teachers may have on ./Lewis__David_-_6404528___Web_Decision___6_August_2014.pdf-pupils, parents and others in the community. ./Lewis__David_-_6404528___Web_Decision___6_August_2014.pdf- ./Lewis__David_-_6404528___Web_Decision___6_August_2014.pdf:This is a case involving an offence involving sexual activity which the Guidance states is ./Lewis__David_-_6404528___Web_Decision___6_August_2014.pdf-likely to be considered a relevant offence. ./Lewis__David_-_6404528___Web_Decision___6_August_2014.pdf- ./Lewis__David_-_6404528___Web_Decision___6_August_2014.pdf- ./Lewis__David_-_6404528___Web_Decision___6_August_2014.pdf- 11 ./Lewis__David_-_6404528___Web_Decision___6_August_2014.pdf- -- ./Lewis__David_-_6404528___Web_Decision___6_August_2014.pdf-would be proportionate to impose a Prohibition Order taking into account the effect that ./Lewis__David_-_6404528___Web_Decision___6_August_2014.pdf-this would have on Mr Lewis. In balancing this, the Panel considered the public interest ./Lewis__David_-_6404528___Web_Decision___6_August_2014.pdf-as well as the interests of Mr Lewis and took further account of the Guidance, which ./Lewis__David_-_6404528___Web_Decision___6_August_2014.pdf-suggests that a prohibition order may be appropriate if certain behaviours of a teacher ./Lewis__David_-_6404528___Web_Decision___6_August_2014.pdf-have been found proven. In the list of such behaviours are ./Lewis__David_-_6404528___Web_Decision___6_August_2014.pdf- ./Lewis__David_-_6404528___Web_Decision___6_August_2014.pdf-  serious departure from the personal and professional conduct elements of the ./Lewis__David_-_6404528___Web_Decision___6_August_2014.pdf- teachers’ standards ./Lewis__David_-_6404528___Web_Decision___6_August_2014.pdf-  abuse of position or trust (particularly involving vulnerable pupils) or violation of the ./Lewis__David_-_6404528___Web_Decision___6_August_2014.pdf- rights of pupils ./Lewis__David_-_6404528___Web_Decision___6_August_2014.pdf:  sexual misconduct, eg involving actions that were sexually motivated or of a ./Lewis__David_-_6404528___Web_Decision___6_August_2014.pdf: sexual nature and/or that use or exploit the trust, knowledge or influence derived ./Lewis__David_-_6404528___Web_Decision___6_August_2014.pdf- from the individual’s professional position ./Lewis__David_-_6404528___Web_Decision___6_August_2014.pdf-  the commission of a serious criminal offence, including those that resulted in a ./Lewis__David_-_6404528___Web_Decision___6_August_2014.pdf- conviction or caution, paying particular attention to offences that are ‘relevant ./Lewis__David_-_6404528___Web_Decision___6_August_2014.pdf- matters’ for the purposes of The Police Act 1997 and criminal record disclosures. ./Lewis__David_-_6404528___Web_Decision___6_August_2014.pdf-Even though there were behaviours that would point to a Prohibition Order being ./Lewis__David_-_6404528___Web_Decision___6_August_2014.pdf-appropriate, the Panel went on to consider whether or not there were sufficient mitigating ./Lewis__David_-_6404528___Web_Decision___6_August_2014.pdf-factors to militate against a Prohibition Order being an appropriate and proportionate ./Lewis__David_-_6404528___Web_Decision___6_August_2014.pdf-measure to impose, particularly taking into account the nature and severity of the ./Lewis__David_-_6404528___Web_Decision___6_August_2014.pdf:behaviour in this case. The offences were sexually motivated. There was no evidence to ./Lewis__David_-_6404528___Web_Decision___6_August_2014.pdf-suggest that the teacher was acting under duress. The Panel noted that the offences ./Lewis__David_-_6404528___Web_Decision___6_August_2014.pdf-were committed at a time when Mr Lewis stated that he was single and lonely. However, ./Lewis__David_-_6404528___Web_Decision___6_August_2014.pdf-the Panel considered his actions were a highly inappropriate response to those feelings. ./Lewis__David_-_6404528___Web_Decision___6_August_2014.pdf-The Panel accepted that Mr Lewis was otherwise of good history and had regard to four ./Lewis__David_-_6404528___Web_Decision___6_August_2014.pdf-character references provided by former female pupils and former colleagues. ./Lewis__David_-_6404528___Web_Decision___6_August_2014.pdf- ./Lewis__David_-_6404528___Web_Decision___6_August_2014.pdf-The Panel noted from the Sentencing Remarks that the Judge stated that Mr Lewis “had ./Lewis__David_-_6404528___Web_Decision___6_August_2014.pdf-not quite come to terms with the seriousness” of what he did. The Panel also noted that ./Lewis__David_-_6404528___Web_Decision___6_August_2014.pdf-the Structured Assessment of Risk and Need report referred to Mr Lewis having started ./Lewis__David_-_6404528___Web_Decision___6_August_2014.pdf-to address his attitudes and beliefs. The Panel noted that the Report concluded that Mr -- ./Lewis__David_-_6404528___Web_Decision___6_August_2014.pdf-that a Prohibition Order should be imposed with immediate effect. ./Lewis__David_-_6404528___Web_Decision___6_August_2014.pdf- ./Lewis__David_-_6404528___Web_Decision___6_August_2014.pdf-The Panel went on to consider whether or not it would appropriate for them to decide to ./Lewis__David_-_6404528___Web_Decision___6_August_2014.pdf-recommend that a review period of the order should be considered. The Panel were ./Lewis__David_-_6404528___Web_Decision___6_August_2014.pdf-mindful that the Guidance advises that a Prohibition Order applies for life, but there may ./Lewis__David_-_6404528___Web_Decision___6_August_2014.pdf-be circumstances in any given case that may make it appropriate to allow a teacher to ./Lewis__David_-_6404528___Web_Decision___6_August_2014.pdf-apply to have the prohibition order reviewed after a specified period of time that may not ./Lewis__David_-_6404528___Web_Decision___6_August_2014.pdf-be less than two years. ./Lewis__David_-_6404528___Web_Decision___6_August_2014.pdf- ./Lewis__David_-_6404528___Web_Decision___6_August_2014.pdf-The guidance indicates that there are behaviours that, if proven, would militate against a ./Lewis__David_-_6404528___Web_Decision___6_August_2014.pdf:review period being recommended. One of these behaviours includes serious sexual ./Lewis__David_-_6404528___Web_Decision___6_August_2014.pdf:misconduct. Mr Lewis’s actions were sexually motivated and had a lasting impact on the ./Lewis__David_-_6404528___Web_Decision___6_August_2014.pdf-victim. Mr Lewis abused the trust placed in him as a result of his professional position. ./Lewis__David_-_6404528___Web_Decision___6_August_2014.pdf- ./Lewis__David_-_6404528___Web_Decision___6_August_2014.pdf-The Panel felt the findings indicated a situation in which a review period would not be ./Lewis__David_-_6404528___Web_Decision___6_August_2014.pdf-appropriate and as such decided that it would be proportionate in all the circumstances ./Lewis__David_-_6404528___Web_Decision___6_August_2014.pdf-for the Prohibition Order to be recommended without provision for a review period. ./Lewis__David_-_6404528___Web_Decision___6_August_2014.pdf- ./Lewis__David_-_6404528___Web_Decision___6_August_2014.pdf- ./Lewis__David_-_6404528___Web_Decision___6_August_2014.pdf-Decision and reasons on behalf of the Secretary of ./Lewis__David_-_6404528___Web_Decision___6_August_2014.pdf-State ./Lewis__David_-_6404528___Web_Decision___6_August_2014.pdf-I have given careful consideration to the recommendations of the panel both in respect of ./Lewis__David_-_6404528___Web_Decision___6_August_2014.pdf-sanction and review period. ./Lewis__David_-_6404528___Web_Decision___6_August_2014.pdf- ./Lewis__David_-_6404528___Web_Decision___6_August_2014.pdf:This case involves convictions for serious sexual offences with a female under the age of ./Lewis__David_-_6404528___Web_Decision___6_August_2014.pdf-14. This case clearly shows behaviour that is fundamentally incompatible with Mr Lewis ./Lewis__David_-_6404528___Web_Decision___6_August_2014.pdf:continuing to be able to hold the status of a teacher. The offences were sexually ./Lewis__David_-_6404528___Web_Decision___6_August_2014.pdf-motivated. There was no evidence to suggest that the teacher was acting under duress. ./Lewis__David_-_6404528___Web_Decision___6_August_2014.pdf- ./Lewis__David_-_6404528___Web_Decision___6_August_2014.pdf-I have carefully considered the balance of the public interest and the interest of Mr Lewis ./Lewis__David_-_6404528___Web_Decision___6_August_2014.pdf-himself. I have also given careful consideration to the issue of proportionality. In this case ./Lewis__David_-_6404528___Web_Decision___6_August_2014.pdf-it is clear that Mr Lewis’s behaviour falls into the category where a prohibition order is ./Lewis__David_-_6404528___Web_Decision___6_August_2014.pdf-appropriate and proportionate. ./Lewis__David_-_6404528___Web_Decision___6_August_2014.pdf- ./Lewis__David_-_6404528___Web_Decision___6_August_2014.pdf-I have also given careful consideration to the matter of a review period. The panel have ./Lewis__David_-_6404528___Web_Decision___6_August_2014.pdf-been clear that Mr Lewis’s comments gave them concerns about the level of insight he ./Lewis__David_-_6404528___Web_Decision___6_August_2014.pdf-has demonstrated. I have therefore supported the recommendation of the panel that ./Lingard__Michael_James_-_9541815_-_9_March_2015_-_Web_Decision.pdf- His actions set out at 1(a), and/or 1(b) and/or 1(c) and/.or 1(d) and/or 1(e) and/or 1(f) ./Lingard__Michael_James_-_9541815_-_9_March_2015_-_Web_Decision.pdf: and/or 1(g) and/or 1(h) and/or 1(i) and/or 1(j) were sexually motivated. ./Lingard__Michael_James_-_9541815_-_9_March_2015_-_Web_Decision.pdf- ./Lingard__Michael_James_-_9541815_-_9_March_2015_-_Web_Decision.pdf- Mr Lingard does not wholly admit the facts of the allegations and does not admit that ./Lingard__Michael_James_-_9541815_-_9_March_2015_-_Web_Decision.pdf- they amount to unacceptable professional conduct and/or conduct that may bring the ./Lingard__Michael_James_-_9541815_-_9_March_2015_-_Web_Decision.pdf- profession into disrepute. ./Lingard__Michael_James_-_9541815_-_9_March_2015_-_Web_Decision.pdf- ./Lingard__Michael_James_-_9541815_-_9_March_2015_-_Web_Decision.pdf- ./Lingard__Michael_James_-_9541815_-_9_March_2015_-_Web_Decision.pdf-C. Preliminary applications ./Lingard__Michael_James_-_9541815_-_9_March_2015_-_Web_Decision.pdf-The Panel considered an application by the Presenting Officer to proceed in Mr Lingard’s ./Lingard__Michael_James_-_9541815_-_9_March_2015_-_Web_Decision.pdf-absence. The Panel was satisfied that the College has complied with the service ./Lingard__Michael_James_-_9541815_-_9_March_2015_-_Web_Decision.pdf-requirements of Regulation 19 a to c of the Teachers’ Disciplinary (England) Regulations -- ./Lingard__Michael_James_-_9541815_-_9_March_2015_-_Web_Decision.pdf:were sexually motivated. Mr Lingard was suspended on 16 November 2012 from School ./Lingard__Michael_James_-_9541815_-_9_March_2015_-_Web_Decision.pdf-Y pending investigation and he subsequently resigned on 3 June 2013. ./Lingard__Michael_James_-_9541815_-_9_March_2015_-_Web_Decision.pdf- ./Lingard__Michael_James_-_9541815_-_9_March_2015_-_Web_Decision.pdf-Findings of Fact ./Lingard__Michael_James_-_9541815_-_9_March_2015_-_Web_Decision.pdf- ./Lingard__Michael_James_-_9541815_-_9_March_2015_-_Web_Decision.pdf-The panel’s findings of fact are as follows: ./Lingard__Michael_James_-_9541815_-_9_March_2015_-_Web_Decision.pdf- ./Lingard__Michael_James_-_9541815_-_9_March_2015_-_Web_Decision.pdf-The panel has found the following particulars of the allegations against you proven, for ./Lingard__Michael_James_-_9541815_-_9_March_2015_-_Web_Decision.pdf-these reasons: ./Lingard__Michael_James_-_9541815_-_9_March_2015_-_Web_Decision.pdf- ./Lingard__Michael_James_-_9541815_-_9_March_2015_-_Web_Decision.pdf-Whilst employed by School X between September 2006 and 31 August 2012, and/or -- ./Lingard__Michael_James_-_9541815_-_9_March_2015_-_Web_Decision.pdf-as indecent. ./Lingard__Michael_James_-_9541815_-_9_March_2015_-_Web_Decision.pdf- ./Lingard__Michael_James_-_9541815_-_9_March_2015_-_Web_Decision.pdf-The panel therefore finds, on the balance of probabilities, that Allegation 1 is proven and ./Lingard__Michael_James_-_9541815_-_9_March_2015_-_Web_Decision.pdf-Mr Lingard’s conduct amounted to a failure to maintain appropriate professional ./Lingard__Michael_James_-_9541815_-_9_March_2015_-_Web_Decision.pdf-boundaries. ./Lingard__Michael_James_-_9541815_-_9_March_2015_-_Web_Decision.pdf- ./Lingard__Michael_James_-_9541815_-_9_March_2015_-_Web_Decision.pdf-The panel has found the following particulars of the allegations against you not proven, ./Lingard__Michael_James_-_9541815_-_9_March_2015_-_Web_Decision.pdf-for these reasons: ./Lingard__Michael_James_-_9541815_-_9_March_2015_-_Web_Decision.pdf- ./Lingard__Michael_James_-_9541815_-_9_March_2015_-_Web_Decision.pdf-2. Your actions set out at 1(a), and/or 1(b) and/or 1(c) and/or 1(d) and/or 1(e) and/or ./Lingard__Michael_James_-_9541815_-_9_March_2015_-_Web_Decision.pdf:1(f) and/or 1(g) and/or 1(h) and/or 1(i) and/or 1(j) were sexually motivated. ./Lingard__Michael_James_-_9541815_-_9_March_2015_-_Web_Decision.pdf- ./Lingard__Michael_James_-_9541815_-_9_March_2015_-_Web_Decision.pdf:Mr Lingard does not accept that his conduct was sexually motivated. ./Lingard__Michael_James_-_9541815_-_9_March_2015_-_Web_Decision.pdf- ./Lingard__Michael_James_-_9541815_-_9_March_2015_-_Web_Decision.pdf-The panel finds that the relationship between Pupil A and Mr Lingard went beyond the ./Lingard__Michael_James_-_9541815_-_9_March_2015_-_Web_Decision.pdf:bounds of friendship although the panel finds there is insufficient evidence of sexual ./Lingard__Michael_James_-_9541815_-_9_March_2015_-_Web_Decision.pdf-motivation for Mr Lingard’s actions. The panel accepts Pupil A’s evidence given during ./Lingard__Michael_James_-_9541815_-_9_March_2015_-_Web_Decision.pdf:her interview with the police (Page 72 of the hearing bundle) that there was no sexual ./Lingard__Michael_James_-_9541815_-_9_March_2015_-_Web_Decision.pdf-contact. However, Mr Lingard also accepts that he did not discourage Pupil A and nor did ./Lingard__Michael_James_-_9541815_-_9_March_2015_-_Web_Decision.pdf-he report her obvious feelings for him. The panel also considered the contents of the ./Lingard__Michael_James_-_9541815_-_9_March_2015_-_Web_Decision.pdf-letter at Pages 52-54 of the hearing bundle. Whilst the letter was expressive and ./Lingard__Michael_James_-_9541815_-_9_March_2015_-_Web_Decision.pdf:emotional, there was no express sexual references and the panel was unable to find, on ./Lingard__Michael_James_-_9541815_-_9_March_2015_-_Web_Decision.pdf:the evidence, that there was any sexual intention or motivation behind the letter. The ./Lingard__Michael_James_-_9541815_-_9_March_2015_-_Web_Decision.pdf-panel also noted that, on the evidence before it, the letter did not actually appear to have ./Lingard__Michael_James_-_9541815_-_9_March_2015_-_Web_Decision.pdf-been sent by Mr Lingard. Mr Lingard did accept that the letter was written by him and it ./Lingard__Michael_James_-_9541815_-_9_March_2015_-_Web_Decision.pdf-showed that he was “far too emotionally attached”. ./Lingard__Michael_James_-_9541815_-_9_March_2015_-_Web_Decision.pdf- ./Lingard__Michael_James_-_9541815_-_9_March_2015_-_Web_Decision.pdf-The conclusion reached by the police in relation to the text messages was that the ./Lingard__Michael_James_-_9541815_-_9_March_2015_-_Web_Decision.pdf-“pattern of contacts arises from an, albeit inappropriate, platonic relationship”. The panel ./Lingard__Michael_James_-_9541815_-_9_March_2015_-_Web_Decision.pdf-finds this significant. ./Lingard__Michael_James_-_9541815_-_9_March_2015_-_Web_Decision.pdf- ./Lingard__Michael_James_-_9541815_-_9_March_2015_-_Web_Decision.pdf-The panel’s view is that whilst the relationship went beyond the bounds of friendship, ./Lingard__Michael_James_-_9541815_-_9_March_2015_-_Web_Decision.pdf:there was insufficient evidence of sexual motivation for Mr Lingard’s actions. ./Lingard__Michael_James_-_9541815_-_9_March_2015_-_Web_Decision.pdf- ./Lingard__Michael_James_-_9541815_-_9_March_2015_-_Web_Decision.pdf- ./Lingard__Michael_James_-_9541815_-_9_March_2015_-_Web_Decision.pdf- ./Lingard__Michael_James_-_9541815_-_9_March_2015_-_Web_Decision.pdf- ./Lingard__Michael_James_-_9541815_-_9_March_2015_-_Web_Decision.pdf- 9 ./Lingard__Michael_James_-_9541815_-_9_March_2015_-_Web_Decision.pdf- -- ./Lingard__Michael_James_-_9541815_-_9_March_2015_-_Web_Decision.pdf- professional position; ./Lingard__Michael_James_-_9541815_-_9_March_2015_-_Web_Decision.pdf- having regard for the need to safeguard pupils’ well-being, in accordance ./Lingard__Michael_James_-_9541815_-_9_March_2015_-_Web_Decision.pdf- with statutory provisions; ./Lingard__Michael_James_-_9541815_-_9_March_2015_-_Web_Decision.pdf-  Teachers must have an understanding of, and always act within, the statutory ./Lingard__Michael_James_-_9541815_-_9_March_2015_-_Web_Decision.pdf- frameworks which set out their professional duties and responsibilities. ./Lingard__Michael_James_-_9541815_-_9_March_2015_-_Web_Decision.pdf- The panel is satisfied that the conduct of Mr Lingard fell significantly short of the ./Lingard__Michael_James_-_9541815_-_9_March_2015_-_Web_Decision.pdf- standards expected of the profession. The welfare of pupils is clearly of primary ./Lingard__Michael_James_-_9541815_-_9_March_2015_-_Web_Decision.pdf- importance and that includes their emotional welfare. It was apparent to the panel ./Lingard__Michael_James_-_9541815_-_9_March_2015_-_Web_Decision.pdf- from her police interview that Pupil A was emotionally attached to Mr Lingard and ./Lingard__Michael_James_-_9541815_-_9_March_2015_-_Web_Decision.pdf- there was significant potential for damage and harm to be occasioned to her ./Lingard__Michael_James_-_9541815_-_9_March_2015_-_Web_Decision.pdf: emotional welfare and well-being. Irrespective of whether there was a sexual ./Lingard__Michael_James_-_9541815_-_9_March_2015_-_Web_Decision.pdf- motivation which the panel could not find on the facts, there was clearly potential for ./Lingard__Michael_James_-_9541815_-_9_March_2015_-_Web_Decision.pdf- harm to Pupil A because of the nature of the relationship. ./Lingard__Michael_James_-_9541815_-_9_March_2015_-_Web_Decision.pdf- ./Lingard__Michael_James_-_9541815_-_9_March_2015_-_Web_Decision.pdf- The Principal also confirmed to the panel during his oral evidence that he believed ./Lingard__Michael_James_-_9541815_-_9_March_2015_-_Web_Decision.pdf- there was a “mutual infatuation” between Pupil A and Mr Lingard on the basis of the ./Lingard__Michael_James_-_9541815_-_9_March_2015_-_Web_Decision.pdf- letter he had seen (Page 52-54 of the bundle) and which Mr Lingard accepted he had ./Lingard__Michael_James_-_9541815_-_9_March_2015_-_Web_Decision.pdf- written albeit not sent (Page 88 of the hearing bundle). Mr Lingard accepted that the ./Lingard__Michael_James_-_9541815_-_9_March_2015_-_Web_Decision.pdf- letter showed that he was “far too emotionally attached”. ./Lingard__Michael_James_-_9541815_-_9_March_2015_-_Web_Decision.pdf- ./Lingard__Michael_James_-_9541815_-_9_March_2015_-_Web_Decision.pdf- The panel considered the evidence from the Principal that Mr Lingard had received -- ./Lingard__Michael_James_-_9541815_-_9_March_2015_-_Web_Decision.pdf- decided that it would be proportionate in all the circumstances for the prohibition order ./Lingard__Michael_James_-_9541815_-_9_March_2015_-_Web_Decision.pdf- to be recommended with provisions for a review period of 3 years. ./Lingard__Michael_James_-_9541815_-_9_March_2015_-_Web_Decision.pdf- ./Lingard__Michael_James_-_9541815_-_9_March_2015_-_Web_Decision.pdf- ./Lingard__Michael_James_-_9541815_-_9_March_2015_-_Web_Decision.pdf-Decision and reasons on behalf of the Secretary of ./Lingard__Michael_James_-_9541815_-_9_March_2015_-_Web_Decision.pdf-State ./Lingard__Michael_James_-_9541815_-_9_March_2015_-_Web_Decision.pdf-I have given very careful consideration to this case and to the recommendations made to ./Lingard__Michael_James_-_9541815_-_9_March_2015_-_Web_Decision.pdf-me by the panel in respect of both sanction and review. ./Lingard__Michael_James_-_9541815_-_9_March_2015_-_Web_Decision.pdf- ./Lingard__Michael_James_-_9541815_-_9_March_2015_-_Web_Decision.pdf-The panel has found the facts of the case to be proven although the panel has also found ./Lingard__Michael_James_-_9541815_-_9_March_2015_-_Web_Decision.pdf:that the teacher’s actions were not sexually motivated. Nonetheless the findings in this ./Lingard__Michael_James_-_9541815_-_9_March_2015_-_Web_Decision.pdf-case are serious ones and involve these behaviours : ./Lingard__Michael_James_-_9541815_-_9_March_2015_-_Web_Decision.pdf- ./Lingard__Michael_James_-_9541815_-_9_March_2015_-_Web_Decision.pdf-  serious departure from the personal and professional conduct elements of the ./Lingard__Michael_James_-_9541815_-_9_March_2015_-_Web_Decision.pdf- teachers’ standards ./Lingard__Michael_James_-_9541815_-_9_March_2015_-_Web_Decision.pdf-  misconduct seriously affecting the education and/or wellbeing of pupils, and ./Lingard__Michael_James_-_9541815_-_9_March_2015_-_Web_Decision.pdf- particularly where there is a continuing risk ./Lingard__Michael_James_-_9541815_-_9_March_2015_-_Web_Decision.pdf-  abuse of position or trust (particularly involving vulnerable pupils) or violation of the ./Lingard__Michael_James_-_9541815_-_9_March_2015_-_Web_Decision.pdf- rights of pupils. ./Lingard__Michael_James_-_9541815_-_9_March_2015_-_Web_Decision.pdf- ./Lingard__Michael_James_-_9541815_-_9_March_2015_-_Web_Decision.pdf- ./Lloyd__D_-_Web_decision.pdf-B. Allegations ./Lloyd__D_-_Web_decision.pdf-The panel considered the allegations set out in the Notice of Meeting dated 18 December ./Lloyd__D_-_Web_decision.pdf-2015. ./Lloyd__D_-_Web_decision.pdf- ./Lloyd__D_-_Web_decision.pdf-It was alleged that Mr Derek Ross Lloyd was guilty of unacceptable professional conduct ./Lloyd__D_-_Web_decision.pdf-and/or conduct that may bring the profession into disrepute in that, whilst employed at ./Lloyd__D_-_Web_decision.pdf-Whitstone Head School in the 1980s, he: ./Lloyd__D_-_Web_decision.pdf- ./Lloyd__D_-_Web_decision.pdf:1. Engaged in sexual activity with Pupil A, a pupil under the age of 16, on one or ./Lloyd__D_-_Web_decision.pdf- more occasions; ./Lloyd__D_-_Web_decision.pdf- ./Lloyd__D_-_Web_decision.pdf:2. In so doing his actions were sexually motivated. ./Lloyd__D_-_Web_decision.pdf- ./Lloyd__D_-_Web_decision.pdf-The teacher admitted the facts and admitted that this was a case of unacceptable ./Lloyd__D_-_Web_decision.pdf-professional conduct/conduct that may bring the profession into disrepute. ./Lloyd__D_-_Web_decision.pdf- ./Lloyd__D_-_Web_decision.pdf-He requested that the allegations be considered without a hearing. ./Lloyd__D_-_Web_decision.pdf- ./Lloyd__D_-_Web_decision.pdf- ./Lloyd__D_-_Web_decision.pdf-C. Summary of evidence ./Lloyd__D_-_Web_decision.pdf-Documents ./Lloyd__D_-_Web_decision.pdf-In advance of the hearing, the panel received a bundle of documents which included: -- ./Lloyd__D_-_Web_decision.pdf- ./Lloyd__D_-_Web_decision.pdf-We have now carefully considered the case before us and have reached a decision. ./Lloyd__D_-_Web_decision.pdf- ./Lloyd__D_-_Web_decision.pdf-We confirm that we have read all the documents provided in the bundle in advance of the ./Lloyd__D_-_Web_decision.pdf-hearing. ./Lloyd__D_-_Web_decision.pdf- ./Lloyd__D_-_Web_decision.pdf-The case concerns Mr Derek Ross Lloyd, born on 12 May 1944, who was employed ./Lloyd__D_-_Web_decision.pdf-during the 1980s as an English teacher by Whitstone Head School (hereinafter "the ./Lloyd__D_-_Web_decision.pdf-School") and was a resident at the school in his own private accommodation. ./Lloyd__D_-_Web_decision.pdf- ./Lloyd__D_-_Web_decision.pdf:In June 2013 he was arrested following an allegation of sexual abuse by a former pupil of ./Lloyd__D_-_Web_decision.pdf-the school (Pupil A). Pupil A alleged that the abuse occurred while he was a pupil at ./Lloyd__D_-_Web_decision.pdf-Whitstone Head School. In due course Mr Lloyd was charged with criminal offences of ./Lloyd__D_-_Web_decision.pdf-which he was ultimately acquitted during a criminal trial. ./Lloyd__D_-_Web_decision.pdf- ./Lloyd__D_-_Web_decision.pdf-At the time of his arrest in 2013 Mr Lloyd was employed by [redacted] as Head of Special ./Lloyd__D_-_Web_decision.pdf-Needs. He was suspended from [redacted] on 25 June 2013 and a disciplinary hearing ./Lloyd__D_-_Web_decision.pdf-was convened by [redacted] on 28 June 2013 during which Mr Lloyd stated that he would ./Lloyd__D_-_Web_decision.pdf-resign. Immediately following the meeting Mr Lloyd handed in his written resignation. ./Lloyd__D_-_Web_decision.pdf- ./Lloyd__D_-_Web_decision.pdf:Mr Lloyd admits that his first sexual contact with Pupil A occurred while on a school trip. ./Lloyd__D_-_Web_decision.pdf-At the time he would have had responsibility over the care of Pupil A. During the course ./Lloyd__D_-_Web_decision.pdf:of the trip Mr Lloyd entered Pupil A's tent and initiated a sexual act with him. ./Lloyd__D_-_Web_decision.pdf- ./Lloyd__D_-_Web_decision.pdf-Mr Lloyd admits that on a subsequent occasion he allowed Pupil A to access and use the ./Lloyd__D_-_Web_decision.pdf-library located in his private accommodation in the School. Whilst Pupil A was in the ./Lloyd__D_-_Web_decision.pdf:library Mr Lloyd engaged in a sexual act with him. ./Lloyd__D_-_Web_decision.pdf- ./Lloyd__D_-_Web_decision.pdf-Mr Lloyd accepts that Pupil A was a pupil at the school during both the occasions set out ./Lloyd__D_-_Web_decision.pdf-above and accepts that Pupil A was under the age of 16 on the first occasion that a ./Lloyd__D_-_Web_decision.pdf:sexual act occurred with him. Mr Lloyd further admits that his conduct with Pupil A as ./Lloyd__D_-_Web_decision.pdf:described in this summary was sexually motivated. ./Lloyd__D_-_Web_decision.pdf- ./Lloyd__D_-_Web_decision.pdf-Mr Lloyd further admits that his conduct amounts to unacceptable professional conduct ./Lloyd__D_-_Web_decision.pdf-and/or conduct that may bring the profession into disrepute. ./Lloyd__D_-_Web_decision.pdf- ./Lloyd__D_-_Web_decision.pdf-Findings of fact ./Lloyd__D_-_Web_decision.pdf-Our findings of fact are as follows: ./Lloyd__D_-_Web_decision.pdf- ./Lloyd__D_-_Web_decision.pdf-We have found the following particulars of the allegations against Derek Ross Lloyd ./Lloyd__D_-_Web_decision.pdf-proven, for these reasons: ./Lloyd__D_-_Web_decision.pdf- -- ./Lloyd__D_-_Web_decision.pdf:1. Engaged in sexual activity with Pupil A, a pupil under the age of 16, on one ./Lloyd__D_-_Web_decision.pdf-or more occasions; ./Lloyd__D_-_Web_decision.pdf- ./Lloyd__D_-_Web_decision.pdf:2. In so doing his actions were sexually motivated. ./Lloyd__D_-_Web_decision.pdf- ./Lloyd__D_-_Web_decision.pdf-Notwithstanding his acquittal at his criminal trial before Truro Crown Court which is ./Lloyd__D_-_Web_decision.pdf-mentioned , but not explained, in the case papers, the panel is satisfied that Mr Lloyd has ./Lloyd__D_-_Web_decision.pdf-admitted both particulars of the allegation in:- ./Lloyd__D_-_Web_decision.pdf- ./Lloyd__D_-_Web_decision.pdf-- his response to the notice of referral form signed and dated on 19 October 2015 - p 8 ./Lloyd__D_-_Web_decision.pdf- ./Lloyd__D_-_Web_decision.pdf-- the statement of agreed facts – signed and dated 26 November 2015 - pp 11- 13 ./Lloyd__D_-_Web_decision.pdf- ./Lloyd__D_-_Web_decision.pdf-- his detailed interview under caution at Scarborough Police Station on 24 June 2013 – -- ./Lloyd__D_-_Web_decision.pdf-he had been employed for over 20 years and was, apparently, well regarded. The panel ./Lloyd__D_-_Web_decision.pdf-finds no reason to suspect that that the teacher's admissions should not be relied upon. ./Lloyd__D_-_Web_decision.pdf-The panel therefore finds the particulars proven. ./Lloyd__D_-_Web_decision.pdf- ./Lloyd__D_-_Web_decision.pdf-Findings as to unacceptable professional conduct and/or conduct that ./Lloyd__D_-_Web_decision.pdf-may bring the profession into disrepute. ./Lloyd__D_-_Web_decision.pdf-Having found the allegations to have been proven, the panel has gone on to consider ./Lloyd__D_-_Web_decision.pdf-whether the facts of those proven allegations amount to unacceptable professional ./Lloyd__D_-_Web_decision.pdf-conduct and/or conduct that may bring the profession into disrepute. The admissions ./Lloyd__D_-_Web_decision.pdf-made by Mr Lloyd reflect very serious misconduct towards a pupil to whom he owed a ./Lloyd__D_-_Web_decision.pdf:duty of trust on a school trip . He initiated sexual contact with the pupil when the boy was ./Lloyd__D_-_Web_decision.pdf:aged under 16. We are also satisfied that sexual activity with pupil A occurred on at least ./Lloyd__D_-_Web_decision.pdf-one further occasion, in the library at the school where Mr Lloyd had accommodation. ./Lloyd__D_-_Web_decision.pdf- ./Lloyd__D_-_Web_decision.pdf-The panel is satisfied that Mr Lloyd is guilty of both unacceptable professional conduct ./Lloyd__D_-_Web_decision.pdf-and conduct that may bring the profession into disrepute. These incidents clearly ./Lloyd__D_-_Web_decision.pdf-constitute "misconduct of a serious nature falling significantly short of the standard of ./Lloyd__D_-_Web_decision.pdf-behaviour expected of a teacher" and impact on the collective reputation of the ./Lloyd__D_-_Web_decision.pdf-profession. ./Lloyd__D_-_Web_decision.pdf- ./Lloyd__D_-_Web_decision.pdf- ./Lloyd__D_-_Web_decision.pdf- -- ./Lloyd__D_-_Web_decision.pdf-The panel identifies the following aggravating features:- ./Lloyd__D_-_Web_decision.pdf- ./Lloyd__D_-_Web_decision.pdf-- serious departure from the personal and professional conduct elements of the ./Lloyd__D_-_Web_decision.pdf-Teachers' Standards ./Lloyd__D_-_Web_decision.pdf- ./Lloyd__D_-_Web_decision.pdf-- misconduct seriously affecting the well-being of pupil A ./Lloyd__D_-_Web_decision.pdf- ./Lloyd__D_-_Web_decision.pdf-- abuse of his position of trust and violation of the rights of pupil A ./Lloyd__D_-_Web_decision.pdf- ./Lloyd__D_-_Web_decision.pdf:- sexual misconduct and exploitation of his professional position ./Lloyd__D_-_Web_decision.pdf- ./Lloyd__D_-_Web_decision.pdf-The panel therefore recommends that a Prohibition Order should be imposed in this case ./Lloyd__D_-_Web_decision.pdf-and that no review period should be allowed. The panel notes that Mr Lloyd is now aged ./Lloyd__D_-_Web_decision.pdf-71. ./Lloyd__D_-_Web_decision.pdf- ./Lloyd__D_-_Web_decision.pdf-Decision and reasons on behalf of the Secretary of State ./Lloyd__D_-_Web_decision.pdf- ./Lloyd__D_-_Web_decision.pdf-I have considered very carefully the findings and recommendations of the panel in this ./Lloyd__D_-_Web_decision.pdf-case. The panel has found the allegations proven, and judge that Mr Lloyd is guilty of ./Lloyd__D_-_Web_decision.pdf-both unacceptable professional conduct and conduct that may bring the profession into ./LoneM_-_SOS_Decision.pdf-that on one occasion, Mr Lone confirmed he interrupted a conversation between Witness ./LoneM_-_SOS_Decision.pdf-A and Pupil A in her classroom in order to conduct a personal conversation with Witness ./LoneM_-_SOS_Decision.pdf-A. ./LoneM_-_SOS_Decision.pdf- ./LoneM_-_SOS_Decision.pdf-The panel had regard to the written evidence of Pupil A who stated, “he asked me to wait ./LoneM_-_SOS_Decision.pdf-outside but [Witness A] did not want me to go and said ‘no he can stay’ but he would not ./LoneM_-_SOS_Decision.pdf-have it and basically forced me out the classroom. I left but I was watching outside the ./LoneM_-_SOS_Decision.pdf-classroom window. What I had seen was extremely inappropriate. It looked like he was ./LoneM_-_SOS_Decision.pdf-trying to do something to [Witness A] and she was saying ‘get away from me’.” ./LoneM_-_SOS_Decision.pdf- ./LoneM_-_SOS_Decision.pdf:Mr Lone stated in oral evidence that he had previously been in a romantic and sexual ./LoneM_-_SOS_Decision.pdf-relationship with Witness A. This conflicted with the evidence of Witness A who denied ./LoneM_-_SOS_Decision.pdf:that there had ever been a romantic or sexual relationship. The panel noted this conflict ./LoneM_-_SOS_Decision.pdf-of evidence and did not find it relevant to the allegation as regardless of whether there ./LoneM_-_SOS_Decision.pdf-had been a relationship in the past, Mr Lone’s behaviour at the time of the allegations ./LoneM_-_SOS_Decision.pdf- ./LoneM_-_SOS_Decision.pdf- ./LoneM_-_SOS_Decision.pdf- 8 ./LoneM_-_SOS_Decision.pdf- ./Lucas_Decision_-_S_of_S_decision_AM_redacted_complete.pdf-The panel also considered whether Mr Lucas’ conduct displayed behaviours associated ./Lucas_Decision_-_S_of_S_decision_AM_redacted_complete.pdf-with any of the offences listed on pages 10 and 11 of the Advice. The panel found that ./Lucas_Decision_-_S_of_S_decision_AM_redacted_complete.pdf:the offence of intolerance on the grounds of sexual orientation to be relevant. ./Lucas_Decision_-_S_of_S_decision_AM_redacted_complete.pdf- ./Lucas_Decision_-_S_of_S_decision_AM_redacted_complete.pdf-Accordingly, the panel is satisfied that Mr Lucas is guilty of unacceptable professional ./Lucas_Decision_-_S_of_S_decision_AM_redacted_complete.pdf-conduct. ./Lucas_Decision_-_S_of_S_decision_AM_redacted_complete.pdf- ./Lucas_Decision_-_S_of_S_decision_AM_redacted_complete.pdf-The panel took into account the way the teaching profession is viewed by others and ./Lucas_Decision_-_S_of_S_decision_AM_redacted_complete.pdf-considered the influence that teachers may have on pupils, parents and others in the ./Lucas_Decision_-_S_of_S_decision_AM_redacted_complete.pdf-community. The panel also took account of the uniquely influential role that teachers can ./Lucas_Decision_-_S_of_S_decision_AM_redacted_complete.pdf-hold in pupils’ lives and the fact that pupils must be able to view teachers as role models ./Lucas_Decision_-_S_of_S_decision_AM_redacted_complete.pdf-in the way that they behave. ./Lucas_Decision_-_S_of_S_decision_AM_redacted_complete.pdf- -- ./Lucas_Decision_-_S_of_S_decision_AM_redacted_complete.pdf- ./Lucas_Decision_-_S_of_S_decision_AM_redacted_complete.pdf-The panel went on to consider whether or not it would be appropriate to recommend that ./Lucas_Decision_-_S_of_S_decision_AM_redacted_complete.pdf-a review period of the order should be considered. The panel was mindful that the Advice ./Lucas_Decision_-_S_of_S_decision_AM_redacted_complete.pdf-states that a prohibition order applies for life, but there may be circumstances in any ./Lucas_Decision_-_S_of_S_decision_AM_redacted_complete.pdf-given case that may make it appropriate to allow a teacher to apply to have the ./Lucas_Decision_-_S_of_S_decision_AM_redacted_complete.pdf-prohibition order reviewed after a specified period of time that may not be less than 2 ./Lucas_Decision_-_S_of_S_decision_AM_redacted_complete.pdf-years. ./Lucas_Decision_-_S_of_S_decision_AM_redacted_complete.pdf- ./Lucas_Decision_-_S_of_S_decision_AM_redacted_complete.pdf-The Advice indicates that there are behaviours that, if proven, would militate against the ./Lucas_Decision_-_S_of_S_decision_AM_redacted_complete.pdf-recommendation of a review period. This behaviour includes intolerance on the grounds ./Lucas_Decision_-_S_of_S_decision_AM_redacted_complete.pdf:of sexual orientation. However, the panel also found that Mr Lucas was responsible for ./Lucas_Decision_-_S_of_S_decision_AM_redacted_complete.pdf-sustained intimidation and bullying of junior staff, some of which occurred in front of ./Lucas_Decision_-_S_of_S_decision_AM_redacted_complete.pdf-pupils and serious breaches of safeguarding in relation to physical contact with ./Lucas_Decision_-_S_of_S_decision_AM_redacted_complete.pdf-vulnerable pupils contrary to national safeguarding guidelines. ./Lucas_Decision_-_S_of_S_decision_AM_redacted_complete.pdf- ./Lucas_Decision_-_S_of_S_decision_AM_redacted_complete.pdf-Mr Lucas has shown limited insight and understanding of the impact of his actions, ./Lucas_Decision_-_S_of_S_decision_AM_redacted_complete.pdf-particularly in regard to vulnerable pupils, their parents, junior colleagues, the School and ./Lucas_Decision_-_S_of_S_decision_AM_redacted_complete.pdf-the profession. ./Lucas_Decision_-_S_of_S_decision_AM_redacted_complete.pdf- ./Lucas_Decision_-_S_of_S_decision_AM_redacted_complete.pdf-The panel decided that the findings indicated a situation in which a review period would ./Lucas_Decision_-_S_of_S_decision_AM_redacted_complete.pdf-not be appropriate and as such decided that it would be proportionate in all the -- ./Lucas_Decision_-_S_of_S_decision_AM_redacted_complete.pdf-  Teachers must have proper and professional regard for the ethos, policies and ./Lucas_Decision_-_S_of_S_decision_AM_redacted_complete.pdf- practices of the school in which they teach ./Lucas_Decision_-_S_of_S_decision_AM_redacted_complete.pdf-  Teachers must have an understanding of, and always act within, the statutory ./Lucas_Decision_-_S_of_S_decision_AM_redacted_complete.pdf- frameworks which set out their professional duties and responsibilities. ./Lucas_Decision_-_S_of_S_decision_AM_redacted_complete.pdf-The panel has also said that it “was satisfied that the conduct of Mr Lucas amounted to ./Lucas_Decision_-_S_of_S_decision_AM_redacted_complete.pdf-misconduct of a serious nature which fell significantly short of the standards expected of ./Lucas_Decision_-_S_of_S_decision_AM_redacted_complete.pdf-the profession.” ./Lucas_Decision_-_S_of_S_decision_AM_redacted_complete.pdf- ./Lucas_Decision_-_S_of_S_decision_AM_redacted_complete.pdf-The panel also considered whether Mr Lucas’ conduct displayed behaviours associated ./Lucas_Decision_-_S_of_S_decision_AM_redacted_complete.pdf-with any of the offences listed on pages 10 and 11 of the Advice. The panel state that it ./Lucas_Decision_-_S_of_S_decision_AM_redacted_complete.pdf:“found that the offence of intolerance on the grounds of sexual orientation to be relevant.” ./Lucas_Decision_-_S_of_S_decision_AM_redacted_complete.pdf- ./Lucas_Decision_-_S_of_S_decision_AM_redacted_complete.pdf-I have to determine whether the imposition of a prohibition order is proportionate and in ./Lucas_Decision_-_S_of_S_decision_AM_redacted_complete.pdf-the public interest. In considering that for this case, I have considered the overall aim of a ./Lucas_Decision_-_S_of_S_decision_AM_redacted_complete.pdf-prohibition order which is to protect pupils and to maintain public confidence in the ./Lucas_Decision_-_S_of_S_decision_AM_redacted_complete.pdf-profession. I have considered the extent to which a prohibition order in this case would ./Lucas_Decision_-_S_of_S_decision_AM_redacted_complete.pdf-achieve that aim taking into account the impact that it will have on the individual teacher. ./Lucas_Decision_-_S_of_S_decision_AM_redacted_complete.pdf- ./Lucas_Decision_-_S_of_S_decision_AM_redacted_complete.pdf- ./Lucas_Decision_-_S_of_S_decision_AM_redacted_complete.pdf- 25 ./Lucas_Decision_-_S_of_S_decision_AM_redacted_complete.pdf- -- ./Lucas_Decision_-_S_of_S_decision_AM_redacted_complete.pdf-profession. ./Lucas_Decision_-_S_of_S_decision_AM_redacted_complete.pdf- ./Lucas_Decision_-_S_of_S_decision_AM_redacted_complete.pdf-For these reasons, I have concluded that a prohibition order is proportionate and in the ./Lucas_Decision_-_S_of_S_decision_AM_redacted_complete.pdf-public interest in order to achieve the intended aims of a prohibition order. ./Lucas_Decision_-_S_of_S_decision_AM_redacted_complete.pdf- ./Lucas_Decision_-_S_of_S_decision_AM_redacted_complete.pdf-I have gone on to consider the matter of a review period. In this case, the panel has ./Lucas_Decision_-_S_of_S_decision_AM_redacted_complete.pdf-recommended that no provision should be made for a review period. ./Lucas_Decision_-_S_of_S_decision_AM_redacted_complete.pdf- ./Lucas_Decision_-_S_of_S_decision_AM_redacted_complete.pdf-I have considered the panel’s comments that it found “there are behaviours that, if ./Lucas_Decision_-_S_of_S_decision_AM_redacted_complete.pdf-proven, would militate against the recommendation of a review period. This behaviour ./Lucas_Decision_-_S_of_S_decision_AM_redacted_complete.pdf:includes intolerance on the grounds of sexual orientation. However, the panel also found ./Lucas_Decision_-_S_of_S_decision_AM_redacted_complete.pdf-that Mr Lucas was responsible for sustained intimidation and bullying of junior staff, some ./Lucas_Decision_-_S_of_S_decision_AM_redacted_complete.pdf-of which occurred in front of pupils and serious breaches of safeguarding in relation to ./Lucas_Decision_-_S_of_S_decision_AM_redacted_complete.pdf-physical contact with vulnerable pupils contrary to national safeguarding guidelines.” ./Lucas_Decision_-_S_of_S_decision_AM_redacted_complete.pdf- ./Lucas_Decision_-_S_of_S_decision_AM_redacted_complete.pdf-I have considered whether allowing for no review period reflects the seriousness of the ./Lucas_Decision_-_S_of_S_decision_AM_redacted_complete.pdf-findings and is a proportionate period to achieve the aim of maintaining public confidence ./Lucas_Decision_-_S_of_S_decision_AM_redacted_complete.pdf-in the profession. In this case, there are factors which mean that allowing for no review ./Lucas_Decision_-_S_of_S_decision_AM_redacted_complete.pdf-period is necessary and proportionate. These elements are the intolerance on grounds of ./Lucas_Decision_-_S_of_S_decision_AM_redacted_complete.pdf:sexual orientation, the serious breaches of safeguarding, the sustained intimidation and ./Lucas_Decision_-_S_of_S_decision_AM_redacted_complete.pdf-bullying of junior staff and the lack of full insight. ./Lucas_Decision_-_S_of_S_decision_AM_redacted_complete.pdf- ./Lucas_Decision_-_S_of_S_decision_AM_redacted_complete.pdf-I consider therefore that allowing for no review period is necessary to maintain public ./Lucas_Decision_-_S_of_S_decision_AM_redacted_complete.pdf-confidence and is proportionate and in the public interest. ./Lucas_Decision_-_S_of_S_decision_AM_redacted_complete.pdf- ./Lucas_Decision_-_S_of_S_decision_AM_redacted_complete.pdf-This means that Mr Nick Lucas is prohibited from teaching indefinitely and cannot ./Lucas_Decision_-_S_of_S_decision_AM_redacted_complete.pdf-teach in any school, sixth form college, relevant youth accommodation or ./Lucas_Decision_-_S_of_S_decision_AM_redacted_complete.pdf-children’s home in England. Furthermore, in view of the seriousness of the allegations ./Lucas_Decision_-_S_of_S_decision_AM_redacted_complete.pdf-found proven against him, I have decided that Mr Nick Lucas shall not be entitled to apply ./Lucas_Decision_-_S_of_S_decision_AM_redacted_complete.pdf-for restoration of his eligibility to teach. ./Mahfooz__Erum_-_Web_Decision_-_0162875.pdf-B. Allegations ./Mahfooz__Erum_-_Web_Decision_-_0162875.pdf-The Panel considered the allegation set out in the Notice of Meeting dated 11 November ./Mahfooz__Erum_-_Web_Decision_-_0162875.pdf-2014. ./Mahfooz__Erum_-_Web_Decision_-_0162875.pdf- ./Mahfooz__Erum_-_Web_Decision_-_0162875.pdf-It was alleged that: ./Mahfooz__Erum_-_Web_Decision_-_0162875.pdf- ./Mahfooz__Erum_-_Web_Decision_-_0162875.pdf-You are guilty of a conviction, at any time, of a relevant offence in that: ./Mahfooz__Erum_-_Web_Decision_-_0162875.pdf- ./Mahfooz__Erum_-_Web_Decision_-_0162875.pdf-At Aylesbury Crown Court, on 12 February 2014, you were convicted of cause/insight ./Mahfooz__Erum_-_Web_Decision_-_0162875.pdf:sexual activity with male 13-17, (offender 18 years or over) and abuse of a position of ./Mahfooz__Erum_-_Web_Decision_-_0162875.pdf-trust on 15 – 21 January 2013 contrary to the Sexual Offenders Act 2003 S.17(1)(e)(i). ./Mahfooz__Erum_-_Web_Decision_-_0162875.pdf-On 21 March 2014 you were sentenced to four months imprisonment wholly suspended ./Mahfooz__Erum_-_Web_Decision_-_0162875.pdf-for 24 months, an unpaid work requirement, supervision requirement, a Sex Offenders ./Mahfooz__Erum_-_Web_Decision_-_0162875.pdf-Notice (for seven years), to pay compensation of £5,000 and a victim surcharge of £80. ./Mahfooz__Erum_-_Web_Decision_-_0162875.pdf- ./Mahfooz__Erum_-_Web_Decision_-_0162875.pdf- ./Mahfooz__Erum_-_Web_Decision_-_0162875.pdf-C. Preliminary applications ./Mahfooz__Erum_-_Web_Decision_-_0162875.pdf-The Panel noted that there appeared to be two typographical errors in the allegation ./Mahfooz__Erum_-_Web_Decision_-_0162875.pdf-contained in the Notice of Meeting, namely that the word "incite" had been spelt "insight", ./Mahfooz__Erum_-_Web_Decision_-_0162875.pdf-and the "Sexual Offenders Act 2003" should read "Sexual Offences Act 2003". -- ./Mahfooz__Erum_-_Web_Decision_-_0162875.pdf- ./Mahfooz__Erum_-_Web_Decision_-_0162875.pdf-E. Decision and reasons ./Mahfooz__Erum_-_Web_Decision_-_0162875.pdf-The Panel announced its decision and reasons as follows: ./Mahfooz__Erum_-_Web_Decision_-_0162875.pdf- ./Mahfooz__Erum_-_Web_Decision_-_0162875.pdf-We have now carefully considered the case before us and have reached a decision. ./Mahfooz__Erum_-_Web_Decision_-_0162875.pdf- ./Mahfooz__Erum_-_Web_Decision_-_0162875.pdf-We confirm that we have read all the documents provided in the bundle in advance of the ./Mahfooz__Erum_-_Web_Decision_-_0162875.pdf-hearing. ./Mahfooz__Erum_-_Web_Decision_-_0162875.pdf- ./Mahfooz__Erum_-_Web_Decision_-_0162875.pdf-On 12 February 2014 Ms Mahfooz was convicted of one count of causing or inciting ./Mahfooz__Erum_-_Web_Decision_-_0162875.pdf:sexual activity with a male aged between 13 and 17 while in a position of trust, contrary ./Mahfooz__Erum_-_Web_Decision_-_0162875.pdf-to section 17(1)(e)(i) of the Sexual Offences Act 2003. She was convicted at Aylesbury ./Mahfooz__Erum_-_Web_Decision_-_0162875.pdf-Crown Court after having pleaded not guilty. ./Mahfooz__Erum_-_Web_Decision_-_0162875.pdf- ./Mahfooz__Erum_-_Web_Decision_-_0162875.pdf-Ms Mahfooz was at the material time a sociology lecturer at Aylesbury College. The ./Mahfooz__Erum_-_Web_Decision_-_0162875.pdf-conviction related to text messages and other electronic communications sent by Ms ./Mahfooz__Erum_-_Web_Decision_-_0162875.pdf-Mahfooz to a 17 year old student, Pupil A, in early 2013. Ms Mahfooz taught Pupil A ./Mahfooz__Erum_-_Web_Decision_-_0162875.pdf:sociology. During that time Ms Mahfooz sent, anonymously, a number of sexually explicit ./Mahfooz__Erum_-_Web_Decision_-_0162875.pdf:messages. During the course of those messages she sent Pupil A a number of sexually ./Mahfooz__Erum_-_Web_Decision_-_0162875.pdf-explicit images, at least one of which she accepts was a picture of her bottom. In due ./Mahfooz__Erum_-_Web_Decision_-_0162875.pdf-course Ms Mahfooz revealed that she had been sending Pupil A the messages, and ./Mahfooz__Erum_-_Web_Decision_-_0162875.pdf-asked him to delete the text messages. ./Mahfooz__Erum_-_Web_Decision_-_0162875.pdf- ./Mahfooz__Erum_-_Web_Decision_-_0162875.pdf-On 5 February 2013 the mother of another student at the College informed the College ./Mahfooz__Erum_-_Web_Decision_-_0162875.pdf:that Pupil A had been receiving sexually explicit messages from Ms Mahfooz. The HR ./Mahfooz__Erum_-_Web_Decision_-_0162875.pdf-Deputy Director informed the Local Authority Designated Officer, who in turn informed the ./Mahfooz__Erum_-_Web_Decision_-_0162875.pdf-police. In due course Ms Mahfooz was arrested and interviewed by the police under ./Mahfooz__Erum_-_Web_Decision_-_0162875.pdf-caution. ./Mahfooz__Erum_-_Web_Decision_-_0162875.pdf- ./Mahfooz__Erum_-_Web_Decision_-_0162875.pdf- ./Mahfooz__Erum_-_Web_Decision_-_0162875.pdf- ./Mahfooz__Erum_-_Web_Decision_-_0162875.pdf- ./Mahfooz__Erum_-_Web_Decision_-_0162875.pdf- 5 ./Mahfooz__Erum_-_Web_Decision_-_0162875.pdf- -- ./Mahfooz__Erum_-_Web_Decision_-_0162875.pdf-Findings of Fact ./Mahfooz__Erum_-_Web_Decision_-_0162875.pdf-Our findings of fact are as follows: ./Mahfooz__Erum_-_Web_Decision_-_0162875.pdf- ./Mahfooz__Erum_-_Web_Decision_-_0162875.pdf-We have found the following particular of the allegation against you proven, for these ./Mahfooz__Erum_-_Web_Decision_-_0162875.pdf-reasons: ./Mahfooz__Erum_-_Web_Decision_-_0162875.pdf- ./Mahfooz__Erum_-_Web_Decision_-_0162875.pdf- ./Mahfooz__Erum_-_Web_Decision_-_0162875.pdf-At Aylesbury Crown Court, on 12 February 2014, you were convicted of ./Mahfooz__Erum_-_Web_Decision_-_0162875.pdf:cause/incite sexual activity with male 13-17, (offender 18 years or over) ./Mahfooz__Erum_-_Web_Decision_-_0162875.pdf-and abuse of a position of trust on 15 – 21 January 2013 contrary to the ./Mahfooz__Erum_-_Web_Decision_-_0162875.pdf-Sexual Offences Act 2003 S.17(1)(e)(i). On 21 March 2014 you were ./Mahfooz__Erum_-_Web_Decision_-_0162875.pdf-sentenced to four months imprisonment wholly suspended for 24 ./Mahfooz__Erum_-_Web_Decision_-_0162875.pdf-months, an unpaid work requirement, supervision requirement, a Sex ./Mahfooz__Erum_-_Web_Decision_-_0162875.pdf-Offenders Notice (for seven years), to pay compensation of £5,000 and ./Mahfooz__Erum_-_Web_Decision_-_0162875.pdf-a victim surcharge of £80. ./Mahfooz__Erum_-_Web_Decision_-_0162875.pdf-Panel’s findings and reasons in relation to this particular. ./Mahfooz__Erum_-_Web_Decision_-_0162875.pdf- ./Mahfooz__Erum_-_Web_Decision_-_0162875.pdf-We have found the allegation against you proven, for these reasons: ./Mahfooz__Erum_-_Web_Decision_-_0162875.pdf- -- ./Mahfooz__Erum_-_Web_Decision_-_0162875.pdf-serious departure from the Teachers' Standards. Weighing the public interest ./Mahfooz__Erum_-_Web_Decision_-_0162875.pdf-considerations against the interests of the teacher it is appropriate that a Prohibition ./Mahfooz__Erum_-_Web_Decision_-_0162875.pdf-Order is imposed to protect pupils, maintain public confidence in the teaching profession ./Mahfooz__Erum_-_Web_Decision_-_0162875.pdf-and to uphold proper standards of conduct. ./Mahfooz__Erum_-_Web_Decision_-_0162875.pdf- ./Mahfooz__Erum_-_Web_Decision_-_0162875.pdf-Despite her apparent acceptance that her actions were inappropriate and unacceptable, ./Mahfooz__Erum_-_Web_Decision_-_0162875.pdf-the Panel is concerned that Ms Mahfooz does not have any real insight into the nature of ./Mahfooz__Erum_-_Web_Decision_-_0162875.pdf-her actions. The Panel is of the view that Ms Mahfooz is seeking to minimise the ./Mahfooz__Erum_-_Web_Decision_-_0162875.pdf-seriousness of her actions. She still does not consider herself to be guilty of any criminal ./Mahfooz__Erum_-_Web_Decision_-_0162875.pdf-offence and states that there has been a miscarriage of justice, on the basis that she ./Mahfooz__Erum_-_Web_Decision_-_0162875.pdf:never had any intention of meeting with Pupil A outside school or engaging in any sexual ./Mahfooz__Erum_-_Web_Decision_-_0162875.pdf-activity with Pupil A. At times she seeks to apportion blame to what she perceives as a ./Mahfooz__Erum_-_Web_Decision_-_0162875.pdf-lack of management support at work. In addition she appears to consider that her ./Mahfooz__Erum_-_Web_Decision_-_0162875.pdf-behaviour was provoked by Pupil A's actions. She does not seem to appreciate the ./Mahfooz__Erum_-_Web_Decision_-_0162875.pdf-impact which her actions have had on Pupil A, as stated in the Judge's sentencing ./Mahfooz__Erum_-_Web_Decision_-_0162875.pdf-remarks. ./Mahfooz__Erum_-_Web_Decision_-_0162875.pdf- ./Mahfooz__Erum_-_Web_Decision_-_0162875.pdf-The Panel recommends to the Secretary of State that a Prohibition Order be imposed. ./Mahfooz__Erum_-_Web_Decision_-_0162875.pdf- ./Mahfooz__Erum_-_Web_Decision_-_0162875.pdf-The Panel went on to consider whether it is appropriate and proportionate to allow Ms ./Mahfooz__Erum_-_Web_Decision_-_0162875.pdf-Mahfooz to be permitted to apply for the Prohibition Order to be set aside after a specific ./Mahfooz__Erum_-_Web_Decision_-_0162875.pdf-period of time. ./Mahfooz__Erum_-_Web_Decision_-_0162875.pdf- ./Mahfooz__Erum_-_Web_Decision_-_0162875.pdf-It is the Panel's view that the nature of the offence committed by Ms Mahfooz is such that ./Mahfooz__Erum_-_Web_Decision_-_0162875.pdf-her conduct departed so far from the standards of behaviour expected of teachers, who ./Mahfooz__Erum_-_Web_Decision_-_0162875.pdf-act as role models for pupils, that the Panel does not feel that it is appropriate to allow Ms ./Mahfooz__Erum_-_Web_Decision_-_0162875.pdf-Mahfooz a future opportunity to apply for this Prohibition Order to be set aside. The Panel ./Mahfooz__Erum_-_Web_Decision_-_0162875.pdf-notes that the guidance makes it clear that the Panel should consider recommending to ./Mahfooz__Erum_-_Web_Decision_-_0162875.pdf-the Secretary of State that a Prohibition Order is imposed with no provision for the ./Mahfooz__Erum_-_Web_Decision_-_0162875.pdf-teacher to apply for it to be set aside after any period of time where, among other ./Mahfooz__Erum_-_Web_Decision_-_0162875.pdf:matters, the case is one of serious sexual misconduct. The Panel considers that this ./Mahfooz__Erum_-_Web_Decision_-_0162875.pdf:offence is a clear example of serious sexual misconduct. Ms Mahfooz has taken ./Mahfooz__Erum_-_Web_Decision_-_0162875.pdf-advantage of her professional position and there is evidence that her actions have ./Mahfooz__Erum_-_Web_Decision_-_0162875.pdf-resulted in actual harm to Pupil A. ./Mahfooz__Erum_-_Web_Decision_-_0162875.pdf- ./Mahfooz__Erum_-_Web_Decision_-_0162875.pdf-For these reasons the Panel considers that, weighing up the public interest factors ./Mahfooz__Erum_-_Web_Decision_-_0162875.pdf-against the interests of the teacher, the appropriate and proportionate recommendation is ./Mahfooz__Erum_-_Web_Decision_-_0162875.pdf-that the Secretary of State impose a Prohibition Order with no provision for Ms Mahfooz ./Mahfooz__Erum_-_Web_Decision_-_0162875.pdf-to apply for it to be set aside. ./Mahfooz__Erum_-_Web_Decision_-_0162875.pdf- ./Mahfooz__Erum_-_Web_Decision_-_0162875.pdf- 7 ./Mahfooz__Erum_-_Web_Decision_-_0162875.pdf- -- ./Mahfooz__Erum_-_Web_Decision_-_0162875.pdf-panel both in respect of sanction and review. ./Mahfooz__Erum_-_Web_Decision_-_0162875.pdf- ./Mahfooz__Erum_-_Web_Decision_-_0162875.pdf-This case is a very serious case which resulted in a conviction. The teacher was also ./Mahfooz__Erum_-_Web_Decision_-_0162875.pdf-placed on the Sex Offenders Register for a period of seven years. ./Mahfooz__Erum_-_Web_Decision_-_0162875.pdf- ./Mahfooz__Erum_-_Web_Decision_-_0162875.pdf-The panel has found the conviction to be a relevant one. The conviction is for behaviours ./Mahfooz__Erum_-_Web_Decision_-_0162875.pdf-which fall significantly short of those expected from a teacher. ./Mahfooz__Erum_-_Web_Decision_-_0162875.pdf- ./Mahfooz__Erum_-_Web_Decision_-_0162875.pdf-I have given careful consideration to the guidance published by the Secretary of State. I ./Mahfooz__Erum_-_Web_Decision_-_0162875.pdf-have also given careful consideration to the interests of the teacher and the public ./Mahfooz__Erum_-_Web_Decision_-_0162875.pdf:interest. In my view the offence is a serious one and one which involved sexual ./Mahfooz__Erum_-_Web_Decision_-_0162875.pdf-misconduct. I support the recommendation of the Panel that a prohibition order in this ./Mahfooz__Erum_-_Web_Decision_-_0162875.pdf-case is proportionate and in the public interest. ./Mahfooz__Erum_-_Web_Decision_-_0162875.pdf- ./Mahfooz__Erum_-_Web_Decision_-_0162875.pdf-I have also given careful consideration to the matter of a review period. I have noted that ./Mahfooz__Erum_-_Web_Decision_-_0162875.pdf-the teacher has asked that consideration be given to allowing her to teach once she has ./Mahfooz__Erum_-_Web_Decision_-_0162875.pdf-had her name removed from the Sex Offenders Register. ./Mahfooz__Erum_-_Web_Decision_-_0162875.pdf- ./Mahfooz__Erum_-_Web_Decision_-_0162875.pdf-I have given careful consideration to the guidance published by the Secretary of State ./Mahfooz__Erum_-_Web_Decision_-_0162875.pdf-and to the considerations set out by the panel concerning the insight shown by the ./Mahfooz__Erum_-_Web_Decision_-_0162875.pdf-teacher in this case. Having taken into account all of that and the need to be ./Mahfooz__Irfan_-_Web_Decision.pdf- ./Mahfooz__Irfan_-_Web_Decision.pdf- (i) Took Pupil A out for food on one or more occasions ./Mahfooz__Irfan_-_Web_Decision.pdf- ./Mahfooz__Irfan_-_Web_Decision.pdf- (j) Entered Pupil A’s house with Pupil A: ./Mahfooz__Irfan_-_Web_Decision.pdf- ./Mahfooz__Irfan_-_Web_Decision.pdf- (i) whilst Pupil A’s mother was out of the house ./Mahfooz__Irfan_-_Web_Decision.pdf- ./Mahfooz__Irfan_-_Web_Decision.pdf- (ii) he lay next to Pupil A on her bed ./Mahfooz__Irfan_-_Web_Decision.pdf- ./Mahfooz__Irfan_-_Web_Decision.pdf- (k) Sent Pupil A personal and text messages from his personal mobile ./Mahfooz__Irfan_-_Web_Decision.pdf: telephone which was of a sexual nature on one or more occasions ./Mahfooz__Irfan_-_Web_Decision.pdf- ./Mahfooz__Irfan_-_Web_Decision.pdf-2. During February half term holiday, he permitted Pupil A to: ./Mahfooz__Irfan_-_Web_Decision.pdf- ./Mahfooz__Irfan_-_Web_Decision.pdf- (a) Enter the School ./Mahfooz__Irfan_-_Web_Decision.pdf- ./Mahfooz__Irfan_-_Web_Decision.pdf- (b) Access his on-line staff account ./Mahfooz__Irfan_-_Web_Decision.pdf- ./Mahfooz__Irfan_-_Web_Decision.pdf- (c) Transfer School electronic folders ./Mahfooz__Irfan_-_Web_Decision.pdf- ./Mahfooz__Irfan_-_Web_Decision.pdf- (d) Mark other pupils’ work whilst using his on-line staff account -- ./Mahfooz__Irfan_-_Web_Decision.pdf:3. His conduct set out at 1(h), 1(j) and 1(k) above were sexually motivated ./Mahfooz__Irfan_-_Web_Decision.pdf- ./Mahfooz__Irfan_-_Web_Decision.pdf-4. His actions set out at 2(d) above were dishonest. ./Mahfooz__Irfan_-_Web_Decision.pdf- ./Mahfooz__Irfan_-_Web_Decision.pdf-Mr Mahfooz denied the factual particulars alleged in 1(g),(h),(j)(ii), and (k). He admitted ./Mahfooz__Irfan_-_Web_Decision.pdf-the factual particulars alleged in 1(a),(b),(c),(d),(e),(f)(i) and(ii),(i) and (j)(i) but denied that ./Mahfooz__Irfan_-_Web_Decision.pdf-he failed to maintain appropriate professional boundaries with Pupil A. Mr Mahfooz ./Mahfooz__Irfan_-_Web_Decision.pdf-admitted the factual particulars alleged in 2(b) and (c) but denied those alleged in 2(a) ./Mahfooz__Irfan_-_Web_Decision.pdf-and(d), 3 and 4. Mr Mahfooz denied unacceptable professional conduct and conduct that ./Mahfooz__Irfan_-_Web_Decision.pdf-may bring the profession into disrepute. ./Mahfooz__Irfan_-_Web_Decision.pdf- -- ./Mahfooz__Irfan_-_Web_Decision.pdf- lying on the bed. We found Pupil A credible and measured and accept her version ./Mahfooz__Irfan_-_Web_Decision.pdf- of events. Accordingly, we find this particular proven. ./Mahfooz__Irfan_-_Web_Decision.pdf- ./Mahfooz__Irfan_-_Web_Decision.pdf- (k) Sent Pupil A a personal text message from his personal mobile ./Mahfooz__Irfan_-_Web_Decision.pdf: telephone which was of a sexual nature on one or more occasions ./Mahfooz__Irfan_-_Web_Decision.pdf- ./Mahfooz__Irfan_-_Web_Decision.pdf- Mr Mahfooz denies this allegation. Pupil A alleged that there were three text ./Mahfooz__Irfan_-_Web_Decision.pdf: messages of a sexual nature. One of these was when Mr Mahfooz is alleged to ./Mahfooz__Irfan_-_Web_Decision.pdf- have said in a text ‘I bet you have a better body than mine’. Another was when Mr ./Mahfooz__Irfan_-_Web_Decision.pdf- Mahfooz was in London and referred to him wishing that he had company in his ./Mahfooz__Irfan_-_Web_Decision.pdf- room. The third was in the period between December 2011 and February 2012 ./Mahfooz__Irfan_-_Web_Decision.pdf- when Pupil A asked him what he wanted from her and he allegedly replied ‘good ./Mahfooz__Irfan_-_Web_Decision.pdf: sex in lots of different positions’. Pupil B testified that she had seen this last ./Mahfooz__Irfan_-_Web_Decision.pdf- message and corroborated Pupil A’s account of what it said. The content of this ./Mahfooz__Irfan_-_Web_Decision.pdf: text, in particular, was of a sexual nature. The Panel found Pupil B to be a credible ./Mahfooz__Irfan_-_Web_Decision.pdf- witness and could find no reason for her to lie. Accordingly we find this particular ./Mahfooz__Irfan_-_Web_Decision.pdf- proven. ./Mahfooz__Irfan_-_Web_Decision.pdf- ./Mahfooz__Irfan_-_Web_Decision.pdf-In conclusion, in relation to allegation 1, the Panel found proven all of the factual ./Mahfooz__Irfan_-_Web_Decision.pdf-particulars set out in each of the paragraphs (a) to (k). The Panel then considered ./Mahfooz__Irfan_-_Web_Decision.pdf-whether the actions of Mr Mahfooz, as referred to in each of those paragraphs, ./Mahfooz__Irfan_-_Web_Decision.pdf-represented a failure to maintain an appropriate professional boundary with Pupil A. ./Mahfooz__Irfan_-_Web_Decision.pdf-Some of the allegations, taken individually, might not constitute failing to maintain ./Mahfooz__Irfan_-_Web_Decision.pdf-appropriate professional boundaries. Others are significantly more serious. Taken ./Mahfooz__Irfan_-_Web_Decision.pdf-together, we conclude that they represent a clear failure to maintain appropriate -- ./Mahfooz__Irfan_-_Web_Decision.pdf- and those which she says Mr Mahfooz marked, suggests to the Panel that she ./Mahfooz__Irfan_-_Web_Decision.pdf- marked other pupils’ work. The Panel accepted that Pupil A and Witness A were ./Mahfooz__Irfan_-_Web_Decision.pdf- credible witnesses. Accordingly, on the balance of probabilities, we find this ./Mahfooz__Irfan_-_Web_Decision.pdf- allegation proven. ./Mahfooz__Irfan_-_Web_Decision.pdf- ./Mahfooz__Irfan_-_Web_Decision.pdf-3. His conduct set out at 1(h), 1(j) and 1(k) above were sexually motivated ./Mahfooz__Irfan_-_Web_Decision.pdf- ./Mahfooz__Irfan_-_Web_Decision.pdf-Although we found the allegation relating to embracing proven, both Pupil A and Mr ./Mahfooz__Irfan_-_Web_Decision.pdf-Mahfooz are adamant that there was no intimate physical contact between them. The ./Mahfooz__Irfan_-_Web_Decision.pdf-Panel accepts this. It is, however, possible to envisage sexual motivation that does not ./Mahfooz__Irfan_-_Web_Decision.pdf:involve physical contact: viewing pornographic images is an obvious, if extreme, ./Mahfooz__Irfan_-_Web_Decision.pdf-example, not directly relevant to this case. ./Mahfooz__Irfan_-_Web_Decision.pdf- ./Mahfooz__Irfan_-_Web_Decision.pdf-The Panel concludes that Mr Mahfooz must have been aware of Pupil A’s feelings and ./Mahfooz__Irfan_-_Web_Decision.pdf-that he would not have continued with the relationship if he had not drawn some pleasure ./Mahfooz__Irfan_-_Web_Decision.pdf:from her attention. At the least, there was a sexual undercurrent that became overt on ./Mahfooz__Irfan_-_Web_Decision.pdf:occasions and it is clear to the Panel that the relationship involved actions of a sexual ./Mahfooz__Irfan_-_Web_Decision.pdf-nature. However, on balance, the Panel is not fully satisfied that Mr Mahfooz’s actions ./Mahfooz__Irfan_-_Web_Decision.pdf:were sexually motivated. Accordingly, we find this allegation not proven. ./Mahfooz__Irfan_-_Web_Decision.pdf- ./Mahfooz__Irfan_-_Web_Decision.pdf-4. His actions set out at 2(d) above were dishonest. ./Mahfooz__Irfan_-_Web_Decision.pdf- ./Mahfooz__Irfan_-_Web_Decision.pdf-Mr Mahfooz accepted that, if allegation 2(d) were proven, this would be dishonest. Mr ./Mahfooz__Irfan_-_Web_Decision.pdf-Small reminded the Panel that there is both an objective and subjective test for ./Mahfooz__Irfan_-_Web_Decision.pdf-dishonesty. The Panel is satisfied that allowing Pupil A to mark under Mr Mahfooz’s ./Mahfooz__Irfan_-_Web_Decision.pdf-name was dishonest by the ordinary standards of reasonable and honest people and that ./Mahfooz__Irfan_-_Web_Decision.pdf-Mr Mahfooz must have realised that it was dishonest by those standards. Accordingly we ./Mahfooz__Irfan_-_Web_Decision.pdf-find this allegation proven. ./Mahfooz__Irfan_-_Web_Decision.pdf- -- ./Mahfooz__Irfan_-_Web_Decision.pdf-  this was a serious departure from the personal and professional conduct elements ./Mahfooz__Irfan_-_Web_Decision.pdf- of the Teachers’ Standards ./Mahfooz__Irfan_-_Web_Decision.pdf- ./Mahfooz__Irfan_-_Web_Decision.pdf-  the misconduct seriously affected the education and/or well-being of Pupil A ./Mahfooz__Irfan_-_Web_Decision.pdf- ./Mahfooz__Irfan_-_Web_Decision.pdf-  this involved an abuse of a position of trust ./Mahfooz__Irfan_-_Web_Decision.pdf- ./Mahfooz__Irfan_-_Web_Decision.pdf-  the allegations involved dishonest behaviour ./Mahfooz__Irfan_-_Web_Decision.pdf- ./Mahfooz__Irfan_-_Web_Decision.pdf:  the actions were not sexually motivated but did involve conduct of a sexual nature ./Mahfooz__Irfan_-_Web_Decision.pdf- ./Mahfooz__Irfan_-_Web_Decision.pdf-On the basis of these findings, the Panel considers the behaviour to be incompatible with ./Mahfooz__Irfan_-_Web_Decision.pdf-being a teacher. ./Mahfooz__Irfan_-_Web_Decision.pdf- ./Mahfooz__Irfan_-_Web_Decision.pdf-The Panel considered the following mitigating factors: ./Mahfooz__Irfan_-_Web_Decision.pdf- ./Mahfooz__Irfan_-_Web_Decision.pdf-  The opportunities for intimate physical contact with Pupil A were not taken. Whilst ./Mahfooz__Irfan_-_Web_Decision.pdf- Mr Mahfooz may have enjoyed the attention that he received from Pupil A, having ./Mahfooz__Irfan_-_Web_Decision.pdf- considered all of the evidence, the Panel does not believe that there was an ./Mahfooz__Irfan_-_Web_Decision.pdf- intention on the part of Mr Mahfooz to have intimate physical contact with Pupil A. ./Mahfooz__Irfan_-_Web_Decision.pdf- This was the basis of the Panel’s conclusion that the actions of Mr Mahfooz were ./Mahfooz__Irfan_-_Web_Decision.pdf: not sexually motivated. This does not excuse the behaviour of Mr Mahfooz or its ./Mahfooz__Irfan_-_Web_Decision.pdf- impact on Pupil A. The Panel was, however, conscious that in this case the ./Mahfooz__Irfan_-_Web_Decision.pdf: sexual element was generally oblique, even when clear opportunities presented ./Mahfooz__Irfan_-_Web_Decision.pdf: themselves, and implicit. Even where explicit, the sexual element was non- ./Mahfooz__Irfan_-_Web_Decision.pdf- physical. The Panel took the view that it is appropriate for a distinction to be ./Mahfooz__Irfan_-_Web_Decision.pdf- drawn between such a case and cases in which the conduct in question is ./Mahfooz__Irfan_-_Web_Decision.pdf- accompanied by intimate physical contact or a clear intention to achieve such ./Mahfooz__Irfan_-_Web_Decision.pdf- contact. ./Mahfooz__Irfan_-_Web_Decision.pdf- ./Mahfooz__Irfan_-_Web_Decision.pdf-  Other professionals, parents and pupils have considered him to be a good teacher ./Mahfooz__Irfan_-_Web_Decision.pdf- and have written in support of him. ./Mahfooz__Irfan_-_Web_Decision.pdf- ./Mahfooz__Irfan_-_Web_Decision.pdf-  In the time since the events under consideration, Mr Mahfooz’s personal ./Mahfooz__Irfan_-_Web_Decision.pdf- circumstances have changed considerably, in that he is now married and will soon -- ./Mahfooz__Irfan_-_Web_Decision.pdf-In all the circumstances, the Panel considers this to be a proportionate recommendation. ./Mahfooz__Irfan_-_Web_Decision.pdf- ./Mahfooz__Irfan_-_Web_Decision.pdf-The Panel then considered whether to recommend that a prohibition order be imposed ./Mahfooz__Irfan_-_Web_Decision.pdf-with a provision for Mr Mahfooz to be able to apply to set it aside or that there should be ./Mahfooz__Irfan_-_Web_Decision.pdf-no such provision. ./Mahfooz__Irfan_-_Web_Decision.pdf- ./Mahfooz__Irfan_-_Web_Decision.pdf-Given the relative inexperience of Mr Mahfooz, the findings that his actions were not ./Mahfooz__Irfan_-_Web_Decision.pdf:sexually motivated and the support of other professionals, parents and pupils, the Panel ./Mahfooz__Irfan_-_Web_Decision.pdf-believe that he should have the opportunity to demonstrate the necessary insight that ./Mahfooz__Irfan_-_Web_Decision.pdf-would warrant the Prohibition Order being reviewed in a period of two years. ./Mahfooz__Irfan_-_Web_Decision.pdf- ./Mahfooz__Irfan_-_Web_Decision.pdf-In making this recommendation, the Panel had regard to the factors set out in the ./Mahfooz__Irfan_-_Web_Decision.pdf-guidance. For the reasons given earlier, the Panel did not consider this to be a case ./Mahfooz__Irfan_-_Web_Decision.pdf:involving serious sexual misconduct. Furthermore, the dishonesty could not be described ./Mahfooz__Irfan_-_Web_Decision.pdf-as having serious consequences or having been repeated. ./Mahfooz__Irfan_-_Web_Decision.pdf- ./Mahfooz__Irfan_-_Web_Decision.pdf- ./Mahfooz__Irfan_-_Web_Decision.pdf- ./Mahfooz__Irfan_-_Web_Decision.pdf- ./Mahfooz__Irfan_-_Web_Decision.pdf-Decision and reasons on behalf of the Secretary of ./Mahfooz__Irfan_-_Web_Decision.pdf-State ./Mahfooz__Irfan_-_Web_Decision.pdf-I have given very careful consideration to both the findings and recommendations of the ./Mahfooz__Irfan_-_Web_Decision.pdf-panel in this case. ./Mahfooz__Irfan_-_Web_Decision.pdf- ./Mahfooz__Irfan_-_Web_Decision.pdf-This case involves a range of allegations relating to Mr Mahfooz’s relationship with pupil ./Mahfooz__Irfan_-_Web_Decision.pdf-A and also of allowing pupil A to mark other pupils work whilst using his on-line staff ./Mahfooz__Irfan_-_Web_Decision.pdf-account. ./Mahfooz__Irfan_-_Web_Decision.pdf- ./Mahfooz__Irfan_-_Web_Decision.pdf-All of the particulars relating to his failure to maintain proper boundaries have been found ./Mahfooz__Irfan_-_Web_Decision.pdf:proven. The panel have found there to have been a sexual undercurrent to the ./Mahfooz__Irfan_-_Web_Decision.pdf:relationship and that it involved actions of a sexual nature. However the panel, on ./Mahfooz__Irfan_-_Web_Decision.pdf:balance, were not fully satisfied that Mr Mahfooz’s actions were sexually motivated. ./Mahfooz__Irfan_-_Web_Decision.pdf- ./Mahfooz__Irfan_-_Web_Decision.pdf-Despite Mr Mahfooz’s denial, the panel have found proven on the balance of probabilities ./Mahfooz__Irfan_-_Web_Decision.pdf-that pupil A marked other pupils work using his on-line staff account. The panel also ./Mahfooz__Irfan_-_Web_Decision.pdf-found that in allowing pupil A to do so he had acted dishonestly. ./Mahfooz__Irfan_-_Web_Decision.pdf- ./Mahfooz__Irfan_-_Web_Decision.pdf-The panel have judged Mr Mahfooz’s actions against the Teachers’ Standards and have ./Mahfooz__Irfan_-_Web_Decision.pdf-found a number of them to be relevant in this case. They have concluded that his actions ./Mahfooz__Irfan_-_Web_Decision.pdf-constitute misconduct of a serious nature, falling significantly short of the standards of ./Mahfooz__Irfan_-_Web_Decision.pdf-behaviour expected of a teacher. Accordingly they have found that his conduct amounts ./Mahfooz__Irfan_-_Web_Decision.pdf-to both unacceptable professional conduct and conduct that may bring the profession into -- ./Mahfooz__Irfan_-_Web_Decision.pdf-public interest considerations outlined in the Secretary of State’s advice ‘Teacher ./Mahfooz__Irfan_-_Web_Decision.pdf-misconduct: the prohibition of teachers’ are relevant in this case, namely: ./Mahfooz__Irfan_-_Web_Decision.pdf- ./Mahfooz__Irfan_-_Web_Decision.pdf-  the protection of pupils; ./Mahfooz__Irfan_-_Web_Decision.pdf-  the maintenance of public confidence in the profession; and ./Mahfooz__Irfan_-_Web_Decision.pdf-  declaring and upholding proper standards of conduct. ./Mahfooz__Irfan_-_Web_Decision.pdf:The panel have recognised that Mr Mahfooz did not take the opportunities for sexual ./Mahfooz__Irfan_-_Web_Decision.pdf-contact and that he has been recognised as being a good teacher. Mr Mahfooz’s ./Mahfooz__Irfan_-_Web_Decision.pdf-personal circumstances have changed considerably since the events under ./Mahfooz__Irfan_-_Web_Decision.pdf-consideration. However, he has continued to show little insight into his behaviour. ./Mahfooz__Irfan_-_Web_Decision.pdf- ./Mahfooz__Irfan_-_Web_Decision.pdf-I agree with the panel’s recommendation that a prohibition order is an appropriate and ./Mahfooz__Irfan_-_Web_Decision.pdf-proportionate sanction. ./Mahfooz__Irfan_-_Web_Decision.pdf- ./Mahfooz__Irfan_-_Web_Decision.pdf-I have also considered the panel’s recommendation as to a 2 year review period. Whilst ./Mahfooz__Irfan_-_Web_Decision.pdf:the panel have not found Mr Mahfooz’s behaviour to be sexually motivated, there was a ./Mahfooz__Irfan_-_Web_Decision.pdf:sexual undercurrent and involved actions of a sexual nature. Mr Mahfooz also acted ./Mahfooz__Irfan_-_Web_Decision.pdf-dishonestly in allowing pupil A to mark other pupils work. Together the facts found proven ./Mahfooz__Irfan_-_Web_Decision.pdf-are serious and Mr Mahfooz has shown little insight. ./Mahfooz__Irfan_-_Web_Decision.pdf- ./Mahfooz__Irfan_-_Web_Decision.pdf-In the circumstances I believe that a period of 5 years would be a more appropriate ./Mahfooz__Irfan_-_Web_Decision.pdf-length of time to allow Mr Mahfooz to reflect fully on the range of misconduct that has ./Mahfooz__Irfan_-_Web_Decision.pdf-been found proven against him and the affect his actions had on pupil A. ./Mahfooz__Irfan_-_Web_Decision.pdf- ./Mahfooz__Irfan_-_Web_Decision.pdf-This means that Mr Irfan Mahfooz is prohibited from teaching indefinitely and ./Mahfooz__Irfan_-_Web_Decision.pdf-cannot teach in any school, sixth form college, relevant youth accommodation or ./Mahfooz__Irfan_-_Web_Decision.pdf-children’s home in England. He may apply for the Prohibition Order to be set aside, but ./Malton_web_decision.pdf- ii. a post on Pupil A’s Facebook page asking her to change her profile ./Malton_web_decision.pdf- picture; ./Malton_web_decision.pdf- ./Malton_web_decision.pdf- i. Sought out one or more meetings with Pupil A for purposes beyond his ./Malton_web_decision.pdf- teacher-pupil relationship; ./Malton_web_decision.pdf- ./Malton_web_decision.pdf- 2. In doing as alleged at Allegation 1, he disregarded a final written warning he had ./Malton_web_decision.pdf- previously received in 2002 following inappropriate contact with another pupil; ./Malton_web_decision.pdf- ./Malton_web_decision.pdf- 3. In acting as alleged and may be found proven at allegations 1.a-i, his conduct was ./Malton_web_decision.pdf: sexually motivated. ./Malton_web_decision.pdf- ./Malton_web_decision.pdf-The statement of agreed and disputed facts signed by Mr Malton on 26 March 2017 ./Malton_web_decision.pdf-reflects Mr Malton admitting the factual particulars of allegations 1 and 2 and that this ./Malton_web_decision.pdf-conduct amounted to unacceptable professional conduct and/or conduct that may bring ./Malton_web_decision.pdf-the profession into disrepute. Allegation 3 is not admitted. As the allegations as a whole ./Malton_web_decision.pdf-have not been admitted, this matter is proceeding as a disputed case. ./Malton_web_decision.pdf- ./Malton_web_decision.pdf- ./Malton_web_decision.pdf-C. Preliminary applications ./Malton_web_decision.pdf-Constitution of the panel -- ./Malton_web_decision.pdf-Despite the statement of agreed and disputed facts indicating that Mr Malton admitted ./Malton_web_decision.pdf-that he posted messages on the social media platforms outlined in the particulars of ./Malton_web_decision.pdf-allegation 1.h. the panel does not accept this admission. ./Malton_web_decision.pdf-The panel was not satisfied that the evidence established on the balance of probabilities ./Malton_web_decision.pdf-that Mr Malton sent Pupil A a post on her Facebook page. Although there is an email ./Malton_web_decision.pdf-message in the bundle in which Mr Malton asked Pupil A to change her profile picture ./Malton_web_decision.pdf-this does not satisfy the wording of allegation 1.h.ii. This allegation is therefore found not ./Malton_web_decision.pdf-proven. ./Malton_web_decision.pdf- 3. In acting as alleged and may be found proven at allegations 1.a-i, your ./Malton_web_decision.pdf: conduct was sexually motivated. ./Malton_web_decision.pdf- ./Malton_web_decision.pdf-The legal advisor indicated to the panel that it is required to consider this allegation ./Malton_web_decision.pdf-applying the balance of probabilities. The legal advisor advised the panel it may find it ./Malton_web_decision.pdf-helpful to ask itself whether on the balance of probabilities reasonable persons would think ./Malton_web_decision.pdf:the words/actions found proven could be sexual (“the objective test”). If so, the panel will ./Malton_web_decision.pdf-then need to go on to ask itself a second question: whether, in all the circumstances of the ./Malton_web_decision.pdf-conduct in the case, it is more likely than not that Mr Malton’s purpose of such ./Malton_web_decision.pdf:words/actions was sexual (“the subjective test”). ./Malton_web_decision.pdf- ./Malton_web_decision.pdf:The panel must consider whether, even in the absence of any direct evidence, sexual ./Malton_web_decision.pdf-motivation should be inferred from all the circumstances of the case. ./Malton_web_decision.pdf- ./Malton_web_decision.pdf-In his closing remarks, the presenting officer submitted that it is the National College’s ./Malton_web_decision.pdf-case that Mr Malton’s emails from his personal email address to Pupil A’s email address ./Malton_web_decision.pdf-were unsolicited by Pupil A. This contact was entirely initiated by Mr Malton. The ./Malton_web_decision.pdf-presenting officer submitted that the nature of such emails and messages was overly ./Malton_web_decision.pdf-friendly and clearly transgressed the appropriate boundaries between that of pupil and ./Malton_web_decision.pdf-teacher. Mr Malton’s explanation during the School’s disciplinary process that his ./Malton_web_decision.pdf-communications with Pupil A was to do with pastoral concerns is, in the presenting ./Malton_web_decision.pdf-officer’s submission, implausible. The presenting officer submitted that in the School’s -- ./Malton_web_decision.pdf-The taking of a photograph of Pupil A without her permission and sending this to her by ./Malton_web_decision.pdf-email, as specified in allegation 1.b., is, in the presenting officer’s submission, further ./Malton_web_decision.pdf-evidence of Mr Malton singling Pupil A out. ./Malton_web_decision.pdf-In addition, the presenting officer submitted that the comment which is the subject of ./Malton_web_decision.pdf-allegation 1.a.i in that Mr Malton stated that “Not a particularly crazy dark haired pretty ./Malton_web_decision.pdf-one from Norfolk mentioned tho ;)” is a flirtatious comment about Pupil A’s appearance ./Malton_web_decision.pdf:and was evidence that Mr Malton was sexually attracted to her. It was further submitted ./Malton_web_decision.pdf-by the presenting officer that Mr Malton’s use of winks in emails to Pupil A demonstrate ./Malton_web_decision.pdf-that Mr Malton was trying to provoke flirtatious contact from Pupil A. ./Malton_web_decision.pdf-The presenting officer submitted in his opening remarks that Mr Malton need not have ./Malton_web_decision.pdf:experienced sexual gratification from his actions in order for allegation 3 to be proved. ./Malton_web_decision.pdf:His actions must simply have been sexually motivated. An attraction to Pupil A is ./Malton_web_decision.pdf-sufficient. Further, in his closing remarks, the presenting officer submitted that Mr Malton ./Malton_web_decision.pdf-admits that he sought for Pupil A to conceal and/or keep hidden the nature of his contact ./Malton_web_decision.pdf-with Pupil A which Mr Malton stated, in the School’s investigation, related to his ./Malton_web_decision.pdf-safeguarding obligations. The presenting officer submitted that if there was nothing ./Malton_web_decision.pdf-inappropriate about these messages then there would have been no need for Mr Malton ./Malton_web_decision.pdf-to ask Pupil A to delete such messages. ./Malton_web_decision.pdf-The presenting officer submitted that the case of Arunkalaivanan v GMC [2014] EWHC ./Malton_web_decision.pdf:873 (Admin) case indicates that sexual motivation is an inference to be drawn from ./Malton_web_decision.pdf-primary facts as found by the panel and the surrounding circumstances in the case. It is ./Malton_web_decision.pdf-submitted by the presenting officer that there is no other credible explanation other than ./Malton_web_decision.pdf:sexual motivation for Mr Malton’s behaviour towards Pupil A. ./Malton_web_decision.pdf-The panel noted from the statement of agreed and disputed facts that Mr Malton admits ./Malton_web_decision.pdf-that objectively his actions towards Pupil A which are set out at allegations 1.a.-1.i. could ./Malton_web_decision.pdf:be construed as sexually motivated. The panel agreed and therefore found the objective ./Malton_web_decision.pdf-test was met. ./Malton_web_decision.pdf-The panel noted from Mr Malton’s written representations to the National College that he ./Malton_web_decision.pdf-had developed a caring affection for Pupil A which manifested itself in over-friendliness, ./Malton_web_decision.pdf-frequently communicating with her and singling her out for attention. Mr Malton denies his ./Malton_web_decision.pdf:actions were sexually motivated. Mr Malton further states in his written representations ./Malton_web_decision.pdf-that he did not arrange to meet Pupil A outside of School, seek to contact her via social ./Malton_web_decision.pdf-media or sought any physical contact and never had any intention of doing so. Mr Malton ./Malton_web_decision.pdf-states further that he did not present any danger or risk to Pupil A beyond causing her ./Malton_web_decision.pdf:some concern and she did not allege that his actions were sexually motivated. In ./Malton_web_decision.pdf-addition, Mr Malton states, in his written representations, that some of his actions started ./Malton_web_decision.pdf-as a misguided and expedient way of motivating a student, which amounted to a serious ./Malton_web_decision.pdf:breach of trust but his actions were not sexually motivated. ./Malton_web_decision.pdf-Taking all of the available evidence into account, the panel did not find the subjective test ./Malton_web_decision.pdf-was met on the balance of probabilities. The panel considered the evidence established ./Malton_web_decision.pdf-that Mr Malton formed an attachment towards Pupil A but there was insufficient evidence ./Malton_web_decision.pdf- ./Malton_web_decision.pdf- ./Malton_web_decision.pdf- 19 ./Malton_web_decision.pdf- -- ./Malton_web_decision.pdf:for the panel to draw an inference that subjectively his actions were sexually motivated. ./Malton_web_decision.pdf-Accordingly, the panel finds allegation 3 not proven. ./Malton_web_decision.pdf- ./Malton_web_decision.pdf-Findings as to unacceptable professional conduct and/or conduct that ./Malton_web_decision.pdf-may bring the profession into disrepute ./Malton_web_decision.pdf-Having found a number of the allegations to have been proven, the panel has gone on to ./Malton_web_decision.pdf-consider whether the facts of those proven allegations amount to unacceptable ./Malton_web_decision.pdf-professional conduct and/or conduct that may bring the profession into disrepute. ./Malton_web_decision.pdf- ./Malton_web_decision.pdf-In doing so, the panel has had regard to the document Teacher Misconduct: The ./Malton_web_decision.pdf-Prohibition of Teachers, which the panel refers to as “the Advice”. -- ./Malton_web_decision.pdf-and acted unprofessionally in that his actions led Pupil A to feel anxious. He states that ./Malton_web_decision.pdf-he regrets what he did and he is very “sorry”. He never intended to carry anything out ./Malton_web_decision.pdf-that would cause harm but he found himself in a situation, which he knew to be wrong, ./Malton_web_decision.pdf-and from which he should have withdrawn. However, the panel was not convinced that ./Malton_web_decision.pdf-Mr Malton had demonstrated significant insight into the inappropriateness of his conduct ./Malton_web_decision.pdf-towards Pupil A. The panel considered that Mr Malton has repeated behaviour towards ./Malton_web_decision.pdf-Pupil A that he also exercised in relation to a lower fifth form pupil. ./Malton_web_decision.pdf- ./Malton_web_decision.pdf-The panel recognises that Mr Malton’s conduct is not so serious that would render it ./Malton_web_decision.pdf-disproportionate to consider a review period in this case. There was no evidence of ./Malton_web_decision.pdf:sexual motivation in this case and this was a significant factor in the panel’s decision in ./Malton_web_decision.pdf-this regard. ./Malton_web_decision.pdf- ./Malton_web_decision.pdf-As such, the panel decided that it would be proportionate in all the circumstances for the ./Malton_web_decision.pdf-prohibition order to be recommended with provision for a review period of 7 years. The ./Malton_web_decision.pdf-panel considered that this may be a sufficient period of time during which Mr Malton may ./Malton_web_decision.pdf-develop a significant level of insight into the inappropriateness of his behaviour. The ./Malton_web_decision.pdf-panel found he had a deep-seated attitude that caused him to act in a way towards Pupil ./Malton_web_decision.pdf-A that was in contravention of a previous final warning relating to similar contact with a ./Malton_web_decision.pdf-lower fifth pupil. The panel considers 7 years is a sufficient period of time over which Mr ./Malton_web_decision.pdf-Malton may be able to demonstrate remediation such that similar conduct would not be -- ./Malton_web_decision.pdf-I have considered the panel’s comments; “ considered that this may be a sufficient period ./Malton_web_decision.pdf-of time during which Mr Malton may develop a significant level of insight into the ./Malton_web_decision.pdf-inappropriateness of his behaviour.” ./Malton_web_decision.pdf- ./Malton_web_decision.pdf-I also noted that the panel “considers 7 years is a sufficient period of time over which Mr ./Malton_web_decision.pdf-Malton may be able to demonstrate remediation such that similar conduct would not be ./Malton_web_decision.pdf-repeated in the future.” ./Malton_web_decision.pdf- ./Malton_web_decision.pdf-I have considered whether a 7 year review period reflects the seriousness of the findings ./Malton_web_decision.pdf-and is a proportionate period to achieve the aim of maintaining public confidence in the ./Malton_web_decision.pdf:profession. I have noted that in this case the panel did not find sexual misconduct. In this ./Malton_web_decision.pdf-case, there are three factors that in my view mean that a two year review period is not ./Malton_web_decision.pdf-sufficient to achieve the aim of maintaining public confidence in the profession. These ./Malton_web_decision.pdf-elements are the repetition, the lack of sufficient insight or remorse, and the deep seated ./Malton_web_decision.pdf-attitude. ./Malton_web_decision.pdf- ./Malton_web_decision.pdf-I consider therefore that a seven year review period is required to satisfy the ./Malton_web_decision.pdf-maintenance of public confidence in the profession. ./Malton_web_decision.pdf- ./Malton_web_decision.pdf-This means that Mr Robin Malton is prohibited from teaching indefinitely and ./Malton_web_decision.pdf-cannot teach in any school, sixth form college, relevant youth accommodation or ./Mark__Tyrone_-_Web_Decision_-_9951029.pdf-2. On a date prior to 23 August 2013 he deliberately and knowingly made notes ./Mark__Tyrone_-_Web_Decision_-_9951029.pdf: containing sexually explicit comments about pupils and former pupils of the ./Mark__Tyrone_-_Web_Decision_-_9951029.pdf- Arnewood School, Hampshire. ./Mark__Tyrone_-_Web_Decision_-_9951029.pdf- ./Mark__Tyrone_-_Web_Decision_-_9951029.pdf-3. On a date prior to 23 August 2013 he collected and stored photographs of ./Mark__Tyrone_-_Web_Decision_-_9951029.pdf- pupils and former pupils of the Arnewood School, Hampshire. ./Mark__Tyrone_-_Web_Decision_-_9951029.pdf- ./Mark__Tyrone_-_Web_Decision_-_9951029.pdf-4. On a date prior to 23 August 2013 he organised and stored the notes ./Mark__Tyrone_-_Web_Decision_-_9951029.pdf- referred to at Paragraph 2 and the photographs referred to at Paragraph 3 ./Mark__Tyrone_-_Web_Decision_-_9951029.pdf- along with newspaper cuttings advertising “adult services” and “massage ./Mark__Tyrone_-_Web_Decision_-_9951029.pdf- parlours” into folders labelled “(TMK) Leisure Documents (Scrap Sheets)” ./Mark__Tyrone_-_Web_Decision_-_9951029.pdf- and “Leisure Folder #2” ./Mark__Tyrone_-_Web_Decision_-_9951029.pdf- ./Mark__Tyrone_-_Web_Decision_-_9951029.pdf-5. His conduct at Paragraphs 2 to 4 amounts to an abuse of trust against pupils ./Mark__Tyrone_-_Web_Decision_-_9951029.pdf- and former pupils of the Arnewood School, Hampshire. ./Mark__Tyrone_-_Web_Decision_-_9951029.pdf- ./Mark__Tyrone_-_Web_Decision_-_9951029.pdf:6. His conduct at Paragraphs 1-4 was sexually motivated. ./Mark__Tyrone_-_Web_Decision_-_9951029.pdf- ./Mark__Tyrone_-_Web_Decision_-_9951029.pdf-No indication was received from the Teacher whether he admitted the facts of the ./Mark__Tyrone_-_Web_Decision_-_9951029.pdf-case. ./Mark__Tyrone_-_Web_Decision_-_9951029.pdf- ./Mark__Tyrone_-_Web_Decision_-_9951029.pdf- ./Mark__Tyrone_-_Web_Decision_-_9951029.pdf- ./Mark__Tyrone_-_Web_Decision_-_9951029.pdf- ./Mark__Tyrone_-_Web_Decision_-_9951029.pdf-C. Preliminary applications ./Mark__Tyrone_-_Web_Decision_-_9951029.pdf-In the absence of the teacher the Presenting Officer made an application for the ./Mark__Tyrone_-_Web_Decision_-_9951029.pdf-hearing to proceed. The Panel was satisfied that the Notice of Proceedings in proper -- ./Mark__Tyrone_-_Web_Decision_-_9951029.pdf-On occasions he was alone with Pupil A in his car providing driving lessons to her on ./Mark__Tyrone_-_Web_Decision_-_9951029.pdf-public roads and on at least one such time he was under the influence of alcohol. In ./Mark__Tyrone_-_Web_Decision_-_9951029.pdf-addition Pupil A was uninsured and under age. ./Mark__Tyrone_-_Web_Decision_-_9951029.pdf- ./Mark__Tyrone_-_Web_Decision_-_9951029.pdf-It is further alleged that he undermined her relationship with her parents and, on ./Mark__Tyrone_-_Web_Decision_-_9951029.pdf-occasions, took her out without her parents’ knowledge/consent. In addition he is ./Mark__Tyrone_-_Web_Decision_-_9951029.pdf-said to have made derogatory comments to Pupil A about the School, being critical of ./Mark__Tyrone_-_Web_Decision_-_9951029.pdf-the management, and breaching confidentiality in relation to another member of staff. ./Mark__Tyrone_-_Web_Decision_-_9951029.pdf- ./Mark__Tyrone_-_Web_Decision_-_9951029.pdf-Finally it is said that Mr Mark was found to have possession of folders containing ./Mark__Tyrone_-_Web_Decision_-_9951029.pdf:sexually explicit comments about pupils and former pupils of the school, in his ./Mark__Tyrone_-_Web_Decision_-_9951029.pdf-handwriting on Post It notes. Photographs of pupils and former pupils were also ./Mark__Tyrone_-_Web_Decision_-_9951029.pdf-found in the folders. ./Mark__Tyrone_-_Web_Decision_-_9951029.pdf- ./Mark__Tyrone_-_Web_Decision_-_9951029.pdf-The National College submit that his conduct amounts to an abuse of trust against ./Mark__Tyrone_-_Web_Decision_-_9951029.pdf:pupils and former pupils of the school and that his conduct was sexually motivated in ./Mark__Tyrone_-_Web_Decision_-_9951029.pdf-relation to all alleged matters. ./Mark__Tyrone_-_Web_Decision_-_9951029.pdf- ./Mark__Tyrone_-_Web_Decision_-_9951029.pdf-Mr Mark has submitted no documents or evidence in response to the allegations. ./Mark__Tyrone_-_Web_Decision_-_9951029.pdf- ./Mark__Tyrone_-_Web_Decision_-_9951029.pdf-Findings of Fact ./Mark__Tyrone_-_Web_Decision_-_9951029.pdf-Our findings of fact are as follows: ./Mark__Tyrone_-_Web_Decision_-_9951029.pdf- ./Mark__Tyrone_-_Web_Decision_-_9951029.pdf-We have found the following particulars of the allegations against Mr Tyrone Mark ./Mark__Tyrone_-_Web_Decision_-_9951029.pdf-proven, for these reasons: ./Mark__Tyrone_-_Web_Decision_-_9951029.pdf- -- ./Mark__Tyrone_-_Web_Decision_-_9951029.pdf-text Mr Mark says “Got to lead a senior team meeting on Monday arvo wiv all the ./Mark__Tyrone_-_Web_Decision_-_9951029.pdf-peps who have had a go at me this wk…. eg. The head…. The deputy heads ….gr8t” ./Mark__Tyrone_-_Web_Decision_-_9951029.pdf-and “Walked out of a meeting today wiv (Deputy Headteacher) to tutor Pupil C. He ./Mark__Tyrone_-_Web_Decision_-_9951029.pdf-said…. But u r free lesson 4 … why can’t you stay to assist…. “got better things to do ./Mark__Tyrone_-_Web_Decision_-_9951029.pdf-with my time” … was not happy!” Given the consistency between these two pieces of ./Mark__Tyrone_-_Web_Decision_-_9951029.pdf-evidence we are satisfied this particular is proved. ./Mark__Tyrone_-_Web_Decision_-_9951029.pdf- ./Mark__Tyrone_-_Web_Decision_-_9951029.pdf- ./Mark__Tyrone_-_Web_Decision_-_9951029.pdf- ./Mark__Tyrone_-_Web_Decision_-_9951029.pdf-2. On a date prior to 23 August 2013 he deliberately and knowingly made ./Mark__Tyrone_-_Web_Decision_-_9951029.pdf: notes containing sexually explicit comments about pupils and former ./Mark__Tyrone_-_Web_Decision_-_9951029.pdf- pupils of the Arnewood School, Hampshire. ./Mark__Tyrone_-_Web_Decision_-_9951029.pdf- ./Mark__Tyrone_-_Web_Decision_-_9951029.pdf-We have seen the huge number of Post it notes in the folders recovered in October ./Mark__Tyrone_-_Web_Decision_-_9951029.pdf-2013 from Mr Mark’s lodgings which are exhibited in the case papers. They contain ./Mark__Tyrone_-_Web_Decision_-_9951029.pdf:lurid sexual comments about many pupils and former pupils of the school which are ./Mark__Tyrone_-_Web_Decision_-_9951029.pdf-explicit and entirely inappropriate. We were told by Witness B, a teacher at the ./Mark__Tyrone_-_Web_Decision_-_9951029.pdf-school, of the circumstances which led him to discover these items and take ./Mark__Tyrone_-_Web_Decision_-_9951029.pdf-possession of them. Witness B had been a friend of Mr Mark. He told the hearing ./Mark__Tyrone_-_Web_Decision_-_9951029.pdf-how he recovered the folders from Mr Mark’s room. He said that he felt shaky on ./Mark__Tyrone_-_Web_Decision_-_9951029.pdf-discovering this material which he clearly had been very surprised to find. He was ./Mark__Tyrone_-_Web_Decision_-_9951029.pdf-also able to confirm that, having been a colleague of Mr Mark, he was very familiar ./Mark__Tyrone_-_Web_Decision_-_9951029.pdf-with his handwriting. He left the Panel in no doubt at all that the comments on the ./Mark__Tyrone_-_Web_Decision_-_9951029.pdf-Post It notes had been made by Mr Mark. Witness B’s evidence has not been ./Mark__Tyrone_-_Web_Decision_-_9951029.pdf- ./Mark__Tyrone_-_Web_Decision_-_9951029.pdf- -- ./Mark__Tyrone_-_Web_Decision_-_9951029.pdf- pupils and former pupils of the Arnewood School. ./Mark__Tyrone_-_Web_Decision_-_9951029.pdf- ./Mark__Tyrone_-_Web_Decision_-_9951029.pdf-We are satisfied that the conduct we have found proved in relation to particulars 2 ,3 ./Mark__Tyrone_-_Web_Decision_-_9951029.pdf-and 4 represents an abuse of the position of trust towards pupils that Mr Mark owed ./Mark__Tyrone_-_Web_Decision_-_9951029.pdf-as a consequence of his position as a teacher. We adopt the view expressed to the ./Mark__Tyrone_-_Web_Decision_-_9951029.pdf-Panel by the School’s Headteacher that Mr Mark took confidential data – particularly ./Mark__Tyrone_-_Web_Decision_-_9951029.pdf-the pupils’ photographs to which he had access through his privileged position as a ./Mark__Tyrone_-_Web_Decision_-_9951029.pdf-teacher at the school. Those photographs should not be in the public domain off the ./Mark__Tyrone_-_Web_Decision_-_9951029.pdf-school site. Mr Mark deployed the photographs in a sustained and systematic way ./Mark__Tyrone_-_Web_Decision_-_9951029.pdf-over a period of nearly a decade and kept them in folders at his home alongside post ./Mark__Tyrone_-_Web_Decision_-_9951029.pdf:it notes on which he made appalling comments of a graphically sexual nature in ./Mark__Tyrone_-_Web_Decision_-_9951029.pdf-relation to pupils, many of whom were shown in the photographs. He also stored the ./Mark__Tyrone_-_Web_Decision_-_9951029.pdf-photos alongside newspaper cuttings advertising all manner of adult services. In our ./Mark__Tyrone_-_Web_Decision_-_9951029.pdf-view this constitutes a fundamental betrayal of the trust he owed as a member of the ./Mark__Tyrone_-_Web_Decision_-_9951029.pdf-profession to the pupils and their families for whom he carried professional ./Mark__Tyrone_-_Web_Decision_-_9951029.pdf-responsibilities. As the Headteacher observes he used the photographs and the ./Mark__Tyrone_-_Web_Decision_-_9951029.pdf-personal data endorsed on them for purposes for which they were clearly not meant ./Mark__Tyrone_-_Web_Decision_-_9951029.pdf-and which were not in any sense in the best interests or duty of care to any young ./Mark__Tyrone_-_Web_Decision_-_9951029.pdf-person. ./Mark__Tyrone_-_Web_Decision_-_9951029.pdf- ./Mark__Tyrone_-_Web_Decision_-_9951029.pdf- -- ./Mark__Tyrone_-_Web_Decision_-_9951029.pdf:6. His conduct at Paragraphs 1-4 was sexually motivated. ./Mark__Tyrone_-_Web_Decision_-_9951029.pdf- ./Mark__Tyrone_-_Web_Decision_-_9951029.pdf-We are satisfied that in relation both to the content of the folders and the conduct ./Mark__Tyrone_-_Web_Decision_-_9951029.pdf:towards Pupil A Mr Mark was sexually motivated. In the Panel’s view the ./Mark__Tyrone_-_Web_Decision_-_9951029.pdf-photographs, Post It notes and other contents of the folders, particularly the lurid ./Mark__Tyrone_-_Web_Decision_-_9951029.pdf-descriptions of many pupils posted by Mr Mark, allow no other conclusion to be ./Mark__Tyrone_-_Web_Decision_-_9951029.pdf-drawn. We also find that Mr Mark’s course of conduct towards Pupil A leaves no ./Mark__Tyrone_-_Web_Decision_-_9951029.pdf:other realistic explanation for its underlying motivation other than it was sexual and ./Mark__Tyrone_-_Web_Decision_-_9951029.pdf-enabled him to spend increasing amounts of time alone with Pupil A, who was half ./Mark__Tyrone_-_Web_Decision_-_9951029.pdf-his age. There can, in the view of the Panel, be no other credible explanation. ./Mark__Tyrone_-_Web_Decision_-_9951029.pdf- ./Mark__Tyrone_-_Web_Decision_-_9951029.pdf-We have found the following particulars of the allegation against Tyrone Mark not ./Mark__Tyrone_-_Web_Decision_-_9951029.pdf-proven, for these reasons: ./Mark__Tyrone_-_Web_Decision_-_9951029.pdf- ./Mark__Tyrone_-_Web_Decision_-_9951029.pdf-f. Making derogatory comments to Pupil A that staff at the Arnewood ./Mark__Tyrone_-_Web_Decision_-_9951029.pdf- School could not teach; ./Mark__Tyrone_-_Web_Decision_-_9951029.pdf- ./Mark__Tyrone_-_Web_Decision_-_9951029.pdf-This is a very specific allegation and the evidence on this particular is solely -- ./Mark__Tyrone_-_Web_Decision_-_9951029.pdf-and professional conduct. His behaviour towards Pupil A failed to observe the proper ./Mark__Tyrone_-_Web_Decision_-_9951029.pdf-boundaries appropriate to his professional position and developed into an entirely ./Mark__Tyrone_-_Web_Decision_-_9951029.pdf-inappropriate relationship which he clearly controlled. He appears to have paid no ./Mark__Tyrone_-_Web_Decision_-_9951029.pdf-regard for her well being. He sent her abusive texts about the school and his ./Mark__Tyrone_-_Web_Decision_-_9951029.pdf-professional colleagues. By his conduct he created dissension within her family and, ./Mark__Tyrone_-_Web_Decision_-_9951029.pdf-in particular, made abusive and wholly inappropriate comments about her mother. He ./Mark__Tyrone_-_Web_Decision_-_9951029.pdf-seems to have totally ignored the family’s wishes in a number of ways and involved ./Mark__Tyrone_-_Web_Decision_-_9951029.pdf-Pupil A in illegal behaviour in relation to the driving lessons. ./Mark__Tyrone_-_Web_Decision_-_9951029.pdf- ./Mark__Tyrone_-_Web_Decision_-_9951029.pdf-The collation of the folders recovered in October 2013 from Mr Mark’s lodgings which ./Mark__Tyrone_-_Web_Decision_-_9951029.pdf:contained shocking and graphic sexual comments on many pupils and former pupils ./Mark__Tyrone_-_Web_Decision_-_9951029.pdf-causes us very grave concern. In assessing the totality of Mr Mark’s conduct we have ./Mark__Tyrone_-_Web_Decision_-_9951029.pdf-not the slightest hesitation in judging that this is a case of unacceptable professional ./Mark__Tyrone_-_Web_Decision_-_9951029.pdf-conduct. He has failed in his duty to protect pupils, he has damaged public ./Mark__Tyrone_-_Web_Decision_-_9951029.pdf-confidence in the profession and failed to uphold proper standards of conduct. By his ./Mark__Tyrone_-_Web_Decision_-_9951029.pdf-sustained behaviour he has, unquestionably, damaged public trust in the collective ./Mark__Tyrone_-_Web_Decision_-_9951029.pdf-reputation of the profession. ./Mark__Tyrone_-_Web_Decision_-_9951029.pdf- ./Mark__Tyrone_-_Web_Decision_-_9951029.pdf-In the light of that decision we make no determination in relation to conduct that may ./Mark__Tyrone_-_Web_Decision_-_9951029.pdf-bring the profession into disrepute as we were told by the Presenting Officer that she ./Mark__Tyrone_-_Web_Decision_-_9951029.pdf-presented conduct that may bring the profession into disrepute as an alternative to -- ./Mark__Tyrone_-_Web_Decision_-_9951029.pdf-Panel’s recommendation to the Secretary of State ./Mark__Tyrone_-_Web_Decision_-_9951029.pdf-This is a very serious case. Mr Mark has not engaged with the National College at all ./Mark__Tyrone_-_Web_Decision_-_9951029.pdf-and has provided no response to the evidence disclosed in the case papers. He has ./Mark__Tyrone_-_Web_Decision_-_9951029.pdf-offered no mitigation for his behaviour. He displays no appreciation of its immensely ./Mark__Tyrone_-_Web_Decision_-_9951029.pdf-damaging effect on Pupil A and the distress he has caused to her immediate family. ./Mark__Tyrone_-_Web_Decision_-_9951029.pdf- ./Mark__Tyrone_-_Web_Decision_-_9951029.pdf-We have no evidence that the teacher has any insight into the gravity of his conduct ./Mark__Tyrone_-_Web_Decision_-_9951029.pdf-or the concerns others will have in relation to the contents of the folders. Those ./Mark__Tyrone_-_Web_Decision_-_9951029.pdf-folders found at his home were compiled over many years and represent both a ./Mark__Tyrone_-_Web_Decision_-_9951029.pdf:wholesale disregard for the welfare of the pupils about whom he made sexual ./Mark__Tyrone_-_Web_Decision_-_9951029.pdf-comments and a betrayal of his professional duty towards them. His cultivation of ./Mark__Tyrone_-_Web_Decision_-_9951029.pdf-Pupil A developed over many months and his collation of the photographs and ./Mark__Tyrone_-_Web_Decision_-_9951029.pdf:sexually explicit notekeeping, in relation to numerous pupils, over nearly a decade. ./Mark__Tyrone_-_Web_Decision_-_9951029.pdf-Extraordinarily, while this covert conduct continued Mr Mark appears to have been ./Mark__Tyrone_-_Web_Decision_-_9951029.pdf-held in high regard at his school, enjoying professional advancement while at the ./Mark__Tyrone_-_Web_Decision_-_9951029.pdf-same time behaving in a way that was totally incompatible with membership of the ./Mark__Tyrone_-_Web_Decision_-_9951029.pdf-profession. ./Mark__Tyrone_-_Web_Decision_-_9951029.pdf- ./Mark__Tyrone_-_Web_Decision_-_9951029.pdf-We judge that the following aggravating features are present in this case:- ./Mark__Tyrone_-_Web_Decision_-_9951029.pdf- ./Mark__Tyrone_-_Web_Decision_-_9951029.pdf-- grave and fundamental breaches of the personal and professional conduct ./Mark__Tyrone_-_Web_Decision_-_9951029.pdf- elements of the Teachers Standards; ./Mark__Tyrone_-_Web_Decision_-_9951029.pdf- ./Mark__Tyrone_-_Web_Decision_-_9951029.pdf-- misconduct seriously affecting the education and wellbeing of Pupil A; ./Mark__Tyrone_-_Web_Decision_-_9951029.pdf- ./Mark__Tyrone_-_Web_Decision_-_9951029.pdf-- a deep seated attitude leading to harmful behaviour; ./Mark__Tyrone_-_Web_Decision_-_9951029.pdf- ./Mark__Tyrone_-_Web_Decision_-_9951029.pdf-- abuse of his position of trust; ./Mark__Tyrone_-_Web_Decision_-_9951029.pdf- ./Mark__Tyrone_-_Web_Decision_-_9951029.pdf:- sexual motivation and deliberately sustained misconduct. ./Mark__Tyrone_-_Web_Decision_-_9951029.pdf- ./Mark__Tyrone_-_Web_Decision_-_9951029.pdf-We conclude therefore that this is a case where a Prohibition Order should be ./Mark__Tyrone_-_Web_Decision_-_9951029.pdf-imposed in the public interest and that there should be no review period. It is our view ./Mark__Tyrone_-_Web_Decision_-_9951029.pdf-that only such an outcome would adequately reflect our public duty and, in particular, ./Mark__Tyrone_-_Web_Decision_-_9951029.pdf-our duty to protect pupils and maintain confidence in the teaching profession. ./Mark__Tyrone_-_Web_Decision_-_9951029.pdf- ./Mark__Tyrone_-_Web_Decision_-_9951029.pdf- ./Mark__Tyrone_-_Web_Decision_-_9951029.pdf- ./Mark__Tyrone_-_Web_Decision_-_9951029.pdf- ./Mark__Tyrone_-_Web_Decision_-_9951029.pdf- 14 -- ./Mark__Tyrone_-_Web_Decision_-_9951029.pdf-observe the proper boundaries appropriate to his professional position and ./Mark__Tyrone_-_Web_Decision_-_9951029.pdf-developed into an entirely inappropriate relationship which he clearly controlled. Mr ./Mark__Tyrone_-_Web_Decision_-_9951029.pdf-Mark appears to have paid no regard for her wellbeing. He sent her abusive texts ./Mark__Tyrone_-_Web_Decision_-_9951029.pdf-about the school and his professional colleagues. By his conduct Mr Mark created ./Mark__Tyrone_-_Web_Decision_-_9951029.pdf-dissension within her family and, in particular, made abusive and wholly inappropriate ./Mark__Tyrone_-_Web_Decision_-_9951029.pdf-comments about her mother. He seems to have totally ignored the family’s wishes in ./Mark__Tyrone_-_Web_Decision_-_9951029.pdf-a number of ways and involved Pupil A in illegal behaviour in relation to the driving ./Mark__Tyrone_-_Web_Decision_-_9951029.pdf-lessons. ./Mark__Tyrone_-_Web_Decision_-_9951029.pdf- ./Mark__Tyrone_-_Web_Decision_-_9951029.pdf-The collation of the folders recovered in October 2013 from Mr Mark’s lodgings which ./Mark__Tyrone_-_Web_Decision_-_9951029.pdf:contained shocking and graphic sexual comments on many pupils and former pupils ./Mark__Tyrone_-_Web_Decision_-_9951029.pdf-are very serious indeed. ./Mark__Tyrone_-_Web_Decision_-_9951029.pdf- ./Mark__Tyrone_-_Web_Decision_-_9951029.pdf-I have considered the conduct of Mr Mark against that set out in the published ./Mark__Tyrone_-_Web_Decision_-_9951029.pdf-guidelines and it is clear that it is totally incompatible with membership of the ./Mark__Tyrone_-_Web_Decision_-_9951029.pdf-teaching profession. ./Mark__Tyrone_-_Web_Decision_-_9951029.pdf- ./Mark__Tyrone_-_Web_Decision_-_9951029.pdf-In particular the case features the following:- ./Mark__Tyrone_-_Web_Decision_-_9951029.pdf- ./Mark__Tyrone_-_Web_Decision_-_9951029.pdf-- grave and fundamental breaches of the personal and professional conduct ./Mark__Tyrone_-_Web_Decision_-_9951029.pdf- elements of the Teachers Standards; ./Mark__Tyrone_-_Web_Decision_-_9951029.pdf- ./Mark__Tyrone_-_Web_Decision_-_9951029.pdf-- misconduct seriously affecting the education and wellbeing of Pupil A; ./Mark__Tyrone_-_Web_Decision_-_9951029.pdf- ./Mark__Tyrone_-_Web_Decision_-_9951029.pdf-- a deep seated attitude leading to harmful behaviour; ./Mark__Tyrone_-_Web_Decision_-_9951029.pdf- ./Mark__Tyrone_-_Web_Decision_-_9951029.pdf-- abuse of his position of trust; ./Mark__Tyrone_-_Web_Decision_-_9951029.pdf- ./Mark__Tyrone_-_Web_Decision_-_9951029.pdf:- sexual motivation and deliberately sustained misconduct. ./Mark__Tyrone_-_Web_Decision_-_9951029.pdf- ./Mark__Tyrone_-_Web_Decision_-_9951029.pdf- ./Mark__Tyrone_-_Web_Decision_-_9951029.pdf- ./Mark__Tyrone_-_Web_Decision_-_9951029.pdf- ./Mark__Tyrone_-_Web_Decision_-_9951029.pdf- 15 ./Mark__Tyrone_-_Web_Decision_-_9951029.pdf- -- ./Mark__Tyrone_-_Web_Decision_-_9951029.pdf- ./Mark__Tyrone_-_Web_Decision_-_9951029.pdf-I have also given careful consideration to the matter of a review period. The ./Mark__Tyrone_-_Web_Decision_-_9951029.pdf-recommendation of the panel is that there should be no review period. I have taken ./Mark__Tyrone_-_Web_Decision_-_9951029.pdf-into account the fact that Mr Mark has offered no mitigation for his behaviour. He ./Mark__Tyrone_-_Web_Decision_-_9951029.pdf-appears to have displayed no appreciation of its immensely damaging effect on Pupil ./Mark__Tyrone_-_Web_Decision_-_9951029.pdf-A and the distress he has caused to her immediate family. ./Mark__Tyrone_-_Web_Decision_-_9951029.pdf- ./Mark__Tyrone_-_Web_Decision_-_9951029.pdf-Similarly the panel have seen no evidence that Mr Mark has any insight into the ./Mark__Tyrone_-_Web_Decision_-_9951029.pdf-gravity of his conduct or the concerns others will have in relation to the contents of ./Mark__Tyrone_-_Web_Decision_-_9951029.pdf-the folders found at his home. These were compiled over many years and represent ./Mark__Tyrone_-_Web_Decision_-_9951029.pdf:both a wholesale disregard for the welfare of the pupils about whom he made sexual ./Mark__Tyrone_-_Web_Decision_-_9951029.pdf-comments and a betrayal of his professional duty towards them. His cultivation of ./Mark__Tyrone_-_Web_Decision_-_9951029.pdf-Pupil A developed over many months and his collation of the photographs and ./Mark__Tyrone_-_Web_Decision_-_9951029.pdf:sexually explicit note-keeping, in relation to numerous pupils, over nearly a decade. ./Mark__Tyrone_-_Web_Decision_-_9951029.pdf- ./Mark__Tyrone_-_Web_Decision_-_9951029.pdf-I therefore believe that it is both proportionate and in the public interest for there to be ./Mark__Tyrone_-_Web_Decision_-_9951029.pdf-no review period. ./Mark__Tyrone_-_Web_Decision_-_9951029.pdf- ./Mark__Tyrone_-_Web_Decision_-_9951029.pdf-This means that Mr Tyrone Mark is prohibited from teaching indefinitely and cannot ./Mark__Tyrone_-_Web_Decision_-_9951029.pdf-teach in any school, sixth form college, relevant youth accommodation or children’s ./Mark__Tyrone_-_Web_Decision_-_9951029.pdf-home in England. Furthermore, in view of the seriousness of the allegations found ./Mark__Tyrone_-_Web_Decision_-_9951029.pdf-proved against him, I have decided that Mr Tyrone Mark shall not be entitled to apply ./Mark__Tyrone_-_Web_Decision_-_9951029.pdf-for restoration of his eligibility to teach. ./Mark__Tyrone_-_Web_Decision_-_9951029.pdf- ./Matthew_McGowan_15709_-SoS_decision_17.09.07_WEB_pdf.pdf- ./Matthew_McGowan_15709_-SoS_decision_17.09.07_WEB_pdf.pdf- e. During meetings and/or rehearsals with Pupil A he: ./Matthew_McGowan_15709_-SoS_decision_17.09.07_WEB_pdf.pdf- ./Matthew_McGowan_15709_-SoS_decision_17.09.07_WEB_pdf.pdf- i. Touched Pupil A's bottom; ./Matthew_McGowan_15709_-SoS_decision_17.09.07_WEB_pdf.pdf- ./Matthew_McGowan_15709_-SoS_decision_17.09.07_WEB_pdf.pdf- ii. Stroked the insides of Pupil A's thighs; ./Matthew_McGowan_15709_-SoS_decision_17.09.07_WEB_pdf.pdf- ./Matthew_McGowan_15709_-SoS_decision_17.09.07_WEB_pdf.pdf- iii. Hugged Pupil A; ./Matthew_McGowan_15709_-SoS_decision_17.09.07_WEB_pdf.pdf- ./Matthew_McGowan_15709_-SoS_decision_17.09.07_WEB_pdf.pdf-2. Engaged in an inappropriate relationship with Pupil A, after she left the School, by ./Matthew_McGowan_15709_-SoS_decision_17.09.07_WEB_pdf.pdf: engaging in sexual activity with her on School premises on one or more ./Matthew_McGowan_15709_-SoS_decision_17.09.07_WEB_pdf.pdf- occasions; ./Matthew_McGowan_15709_-SoS_decision_17.09.07_WEB_pdf.pdf- ./Matthew_McGowan_15709_-SoS_decision_17.09.07_WEB_pdf.pdf-3. Acted dishonestly and/or acted with a lack of integrity in that he asked Pupil A to ./Matthew_McGowan_15709_-SoS_decision_17.09.07_WEB_pdf.pdf- give the police a false account of the nature of his relationship during the police ./Matthew_McGowan_15709_-SoS_decision_17.09.07_WEB_pdf.pdf- investigation in 2016. ./Matthew_McGowan_15709_-SoS_decision_17.09.07_WEB_pdf.pdf- ./Matthew_McGowan_15709_-SoS_decision_17.09.07_WEB_pdf.pdf-Mr McGowan admitted the facts alleged in 1 a, b, c and d and signed a Statement of ./Matthew_McGowan_15709_-SoS_decision_17.09.07_WEB_pdf.pdf-Agreed Facts to that effect. Mr McGowan denied the facts alleged in 1 e, 2 and 3. ./Matthew_McGowan_15709_-SoS_decision_17.09.07_WEB_pdf.pdf- ./Matthew_McGowan_15709_-SoS_decision_17.09.07_WEB_pdf.pdf-Mr McGowan accepted that the the facts alleged in 1a, b, c and d amount to -- ./Matthew_McGowan_15709_-SoS_decision_17.09.07_WEB_pdf.pdf-at the time. ./Matthew_McGowan_15709_-SoS_decision_17.09.07_WEB_pdf.pdf- ./Matthew_McGowan_15709_-SoS_decision_17.09.07_WEB_pdf.pdf-The panel has concluded that Pupil A's account that Mr McGowan put his arms around ./Matthew_McGowan_15709_-SoS_decision_17.09.07_WEB_pdf.pdf-her during the school year is more likely than not, particulary in the context of the ./Matthew_McGowan_15709_-SoS_decision_17.09.07_WEB_pdf.pdf-relationship indicated by the content of the emails. Pupil A, in her oral evidence, ./Matthew_McGowan_15709_-SoS_decision_17.09.07_WEB_pdf.pdf-described how on more than one occasion, Mr McGowan pulled her up against him. ./Matthew_McGowan_15709_-SoS_decision_17.09.07_WEB_pdf.pdf- ./Matthew_McGowan_15709_-SoS_decision_17.09.07_WEB_pdf.pdf-The panel finds 1.e.iii. proved. ./Matthew_McGowan_15709_-SoS_decision_17.09.07_WEB_pdf.pdf- ./Matthew_McGowan_15709_-SoS_decision_17.09.07_WEB_pdf.pdf-2. Engaged in an inappropriate relationship with Pupil A, after she left the ./Matthew_McGowan_15709_-SoS_decision_17.09.07_WEB_pdf.pdf: School, by engaging in sexual activity with her on School premises on one ./Matthew_McGowan_15709_-SoS_decision_17.09.07_WEB_pdf.pdf- or more occasions; ./Matthew_McGowan_15709_-SoS_decision_17.09.07_WEB_pdf.pdf- ./Matthew_McGowan_15709_-SoS_decision_17.09.07_WEB_pdf.pdf-Pupil A stated that, after she left the School, she and Mr McGowan started speaking ./Matthew_McGowan_15709_-SoS_decision_17.09.07_WEB_pdf.pdf-more and more via text and that this included the exchange of naked photos and videos. ./Matthew_McGowan_15709_-SoS_decision_17.09.07_WEB_pdf.pdf-Pupil A stated that it was she who usually sent the photos to Mr McGowan. Pupil A stated ./Matthew_McGowan_15709_-SoS_decision_17.09.07_WEB_pdf.pdf-that this grew into a physical relationship. Pupil A said that they started seeing each other ./Matthew_McGowan_15709_-SoS_decision_17.09.07_WEB_pdf.pdf-more frequently around January 2016 and that they would see each other almost every ./Matthew_McGowan_15709_-SoS_decision_17.09.07_WEB_pdf.pdf-week or couple of weeks. Pupil A stated that they became very physical, including ./Matthew_McGowan_15709_-SoS_decision_17.09.07_WEB_pdf.pdf:engaging in oral sex and foreplay, but only had sexual intercourse on one occasion. Pupil ./Matthew_McGowan_15709_-SoS_decision_17.09.07_WEB_pdf.pdf:A stated that some of the sexual activity took place in the School, specifically in Mr ./Matthew_McGowan_15709_-SoS_decision_17.09.07_WEB_pdf.pdf-McGowan's office, and that they also met up on other occasions, such as in Mr ./Matthew_McGowan_15709_-SoS_decision_17.09.07_WEB_pdf.pdf-McGowan's car. ./Matthew_McGowan_15709_-SoS_decision_17.09.07_WEB_pdf.pdf- ./Matthew_McGowan_15709_-SoS_decision_17.09.07_WEB_pdf.pdf-Mr McGowan denied this allegation. He acknowledged that there were occasions when ./Matthew_McGowan_15709_-SoS_decision_17.09.07_WEB_pdf.pdf-Pupil A came to see him at the School after she ceased to be a pupil. He said that Pupil ./Matthew_McGowan_15709_-SoS_decision_17.09.07_WEB_pdf.pdf-A would seek to unload or unburden herself of personal issues that she had been dealing ./Matthew_McGowan_15709_-SoS_decision_17.09.07_WEB_pdf.pdf-with. Mr McGowan said that this became a huge burden and that Pupil A would not get ./Matthew_McGowan_15709_-SoS_decision_17.09.07_WEB_pdf.pdf- ./Matthew_McGowan_15709_-SoS_decision_17.09.07_WEB_pdf.pdf- 9 ./Matthew_McGowan_15709_-SoS_decision_17.09.07_WEB_pdf.pdf- -- ./Matthew_McGowan_15709_-SoS_decision_17.09.07_WEB_pdf.pdf-was the catalyst for Pupil A's future behaviour towards him and is the explanation for ./Matthew_McGowan_15709_-SoS_decision_17.09.07_WEB_pdf.pdf-Pupil A making false allegations against him. This explanation was not included in Mr ./Matthew_McGowan_15709_-SoS_decision_17.09.07_WEB_pdf.pdf-McGowan's written statement or any earlier account. His oral evidence was the first time ./Matthew_McGowan_15709_-SoS_decision_17.09.07_WEB_pdf.pdf-that he referred to this important event, which the panel found surprising. ./Matthew_McGowan_15709_-SoS_decision_17.09.07_WEB_pdf.pdf- ./Matthew_McGowan_15709_-SoS_decision_17.09.07_WEB_pdf.pdf-The panel did not find Mr McGowan's account to be convincing. By his own account, ./Matthew_McGowan_15709_-SoS_decision_17.09.07_WEB_pdf.pdf-Pupil A and he continued to meet on school premises, including his office, in January ./Matthew_McGowan_15709_-SoS_decision_17.09.07_WEB_pdf.pdf-2016 and subsequently. He also arranged to meet in a local coffee shop and spent time ./Matthew_McGowan_15709_-SoS_decision_17.09.07_WEB_pdf.pdf-alone with Pupil A in his car, which is at odds with Mr McGowan's account that he ./Matthew_McGowan_15709_-SoS_decision_17.09.07_WEB_pdf.pdf-distanced himself from her. Pupil A stated that they met on a number of occasions in the ./Matthew_McGowan_15709_-SoS_decision_17.09.07_WEB_pdf.pdf:period between January and May 2016, during which there were episodes of sexual ./Matthew_McGowan_15709_-SoS_decision_17.09.07_WEB_pdf.pdf-contact, which she described in explicit detail in her oral evidence. Pupil A also stated ./Matthew_McGowan_15709_-SoS_decision_17.09.07_WEB_pdf.pdf:that Mr McGowan took care to ensure that their sexual activities occurred during times ./Matthew_McGowan_15709_-SoS_decision_17.09.07_WEB_pdf.pdf-when other people were not in the public areas. ./Matthew_McGowan_15709_-SoS_decision_17.09.07_WEB_pdf.pdf- ./Matthew_McGowan_15709_-SoS_decision_17.09.07_WEB_pdf.pdf:The panel concluded that it is more likely than not that sexual activity between Mr ./Matthew_McGowan_15709_-SoS_decision_17.09.07_WEB_pdf.pdf-McGowan and Pupil A occurred on school premises. ./Matthew_McGowan_15709_-SoS_decision_17.09.07_WEB_pdf.pdf- ./Matthew_McGowan_15709_-SoS_decision_17.09.07_WEB_pdf.pdf-The panel finds allegation 2 proved. ./Matthew_McGowan_15709_-SoS_decision_17.09.07_WEB_pdf.pdf- ./Matthew_McGowan_15709_-SoS_decision_17.09.07_WEB_pdf.pdf-3. Acted dishonestly and/or acted with a lack of integrity in that you asked Pupil ./Matthew_McGowan_15709_-SoS_decision_17.09.07_WEB_pdf.pdf- A to give the police a false account of the nature of his relationship during the ./Matthew_McGowan_15709_-SoS_decision_17.09.07_WEB_pdf.pdf- police investigation in 2016. ./Matthew_McGowan_15709_-SoS_decision_17.09.07_WEB_pdf.pdf- ./Matthew_McGowan_15709_-SoS_decision_17.09.07_WEB_pdf.pdf-Pupil A stated that, after her mother made a complaint to the School about Mr McGowan, ./Matthew_McGowan_15709_-SoS_decision_17.09.07_WEB_pdf.pdf-she created an email from her business account and sent this to Mr McGowan which she -- ./Matthew_McGowan_15709_-SoS_decision_17.09.07_WEB_pdf.pdf-Mr McGowan accepts that he spoke by telephone to Pupil A after speaking to the ./Matthew_McGowan_15709_-SoS_decision_17.09.07_WEB_pdf.pdf-Headmistress of the School on 8 July 2016. However, Mr McGowan denied that he ./Matthew_McGowan_15709_-SoS_decision_17.09.07_WEB_pdf.pdf-asked Pupil A to lie to the police. The panel noted that Mr McGowan sent an email to ./Matthew_McGowan_15709_-SoS_decision_17.09.07_WEB_pdf.pdf-Pupil A on 11 July 2016 in which he said, 'I really can't tell you what to say'. Pupil A ./Matthew_McGowan_15709_-SoS_decision_17.09.07_WEB_pdf.pdf:stated that she told the police that nothing sexual happened between her and Mr ./Matthew_McGowan_15709_-SoS_decision_17.09.07_WEB_pdf.pdf-McGowan, although she did subsequently confirm to the police the account that she had ./Matthew_McGowan_15709_-SoS_decision_17.09.07_WEB_pdf.pdf:given to the School in which sexual activity was reported. ./Matthew_McGowan_15709_-SoS_decision_17.09.07_WEB_pdf.pdf- ./Matthew_McGowan_15709_-SoS_decision_17.09.07_WEB_pdf.pdf-In considering this allegation, the panel recognised that it had to be satisfied that Mr ./Matthew_McGowan_15709_-SoS_decision_17.09.07_WEB_pdf.pdf-McGowan had specifically asked Pupil A to provide a false account of the nature of his ./Matthew_McGowan_15709_-SoS_decision_17.09.07_WEB_pdf.pdf-relationship with her. Although the panel is satisfied that Mr McGowan did speak to Pupil ./Matthew_McGowan_15709_-SoS_decision_17.09.07_WEB_pdf.pdf-A by telephone and by email prior to her first interview by the police, the panel cannot be ./Matthew_McGowan_15709_-SoS_decision_17.09.07_WEB_pdf.pdf-satisfied that it is more likely than not that Mr McGowan asked Pupil A to give a false ./Matthew_McGowan_15709_-SoS_decision_17.09.07_WEB_pdf.pdf-account. ./Matthew_McGowan_15709_-SoS_decision_17.09.07_WEB_pdf.pdf- ./Matthew_McGowan_15709_-SoS_decision_17.09.07_WEB_pdf.pdf-The panel finds allegation 3. not proved. ./Matthew_McGowan_15709_-SoS_decision_17.09.07_WEB_pdf.pdf- -- ./Matthew_McGowan_15709_-SoS_decision_17.09.07_WEB_pdf.pdf-The panel is satisfied that the conduct of Mr McGowan was serious misconduct which fell ./Matthew_McGowan_15709_-SoS_decision_17.09.07_WEB_pdf.pdf-significantly short of the standards expected of the profession. ./Matthew_McGowan_15709_-SoS_decision_17.09.07_WEB_pdf.pdf- ./Matthew_McGowan_15709_-SoS_decision_17.09.07_WEB_pdf.pdf-The panel has also considered whether Mr McGowan's conduct displayed behaviours ./Matthew_McGowan_15709_-SoS_decision_17.09.07_WEB_pdf.pdf-associated with any of the offences listed on pages 8 and 9 of the Advice. The panel has ./Matthew_McGowan_15709_-SoS_decision_17.09.07_WEB_pdf.pdf:found that behaviour associated with the offence of sexual activity with a pupil is relevant. ./Matthew_McGowan_15709_-SoS_decision_17.09.07_WEB_pdf.pdf- ./Matthew_McGowan_15709_-SoS_decision_17.09.07_WEB_pdf.pdf-Accordingly, the panel is satisfied that Mr McGowan is guilty of unacceptable ./Matthew_McGowan_15709_-SoS_decision_17.09.07_WEB_pdf.pdf-professional conduct. ./Matthew_McGowan_15709_-SoS_decision_17.09.07_WEB_pdf.pdf- ./Matthew_McGowan_15709_-SoS_decision_17.09.07_WEB_pdf.pdf-As to conduct that may bring the profession into disrepute, the panel has taken into ./Matthew_McGowan_15709_-SoS_decision_17.09.07_WEB_pdf.pdf-account how the teaching profession is viewed by others and considered the influence ./Matthew_McGowan_15709_-SoS_decision_17.09.07_WEB_pdf.pdf-that teachers may have on pupils, parents and others in the community. The panel has ./Matthew_McGowan_15709_-SoS_decision_17.09.07_WEB_pdf.pdf-taken account of the uniquely influential role that teachers can hold in pupils’ lives and ./Matthew_McGowan_15709_-SoS_decision_17.09.07_WEB_pdf.pdf-that pupils must be able to view teachers as role models in the way they behave. ./Matthew_McGowan_15709_-SoS_decision_17.09.07_WEB_pdf.pdf- -- ./Matthew_McGowan_15709_-SoS_decision_17.09.07_WEB_pdf.pdf-McGowan. The panel took further account of the Advice, which suggests that a ./Matthew_McGowan_15709_-SoS_decision_17.09.07_WEB_pdf.pdf-prohibition order may be appropriate if certain behaviours of a teacher have been proven. ./Matthew_McGowan_15709_-SoS_decision_17.09.07_WEB_pdf.pdf-In the list of such behaviours, those that are relevant in this case are: ./Matthew_McGowan_15709_-SoS_decision_17.09.07_WEB_pdf.pdf- ./Matthew_McGowan_15709_-SoS_decision_17.09.07_WEB_pdf.pdf-  serious departure from the personal and professional conduct elements of the ./Matthew_McGowan_15709_-SoS_decision_17.09.07_WEB_pdf.pdf- Teachers’ Standards; ./Matthew_McGowan_15709_-SoS_decision_17.09.07_WEB_pdf.pdf-  misconduct seriously affecting the education and/or well-being of pupils, and ./Matthew_McGowan_15709_-SoS_decision_17.09.07_WEB_pdf.pdf- particularly where there is a continuing risk; ./Matthew_McGowan_15709_-SoS_decision_17.09.07_WEB_pdf.pdf-  abuse of position or trust (particularly involving vulnerable pupils) or violation of the ./Matthew_McGowan_15709_-SoS_decision_17.09.07_WEB_pdf.pdf- rights of pupils; ./Matthew_McGowan_15709_-SoS_decision_17.09.07_WEB_pdf.pdf:  sexual misconduct, eg involving actions that were sexually motivated or of a ./Matthew_McGowan_15709_-SoS_decision_17.09.07_WEB_pdf.pdf: sexual nature and/or that use or exploit the trust, knowledge or influence derived ./Matthew_McGowan_15709_-SoS_decision_17.09.07_WEB_pdf.pdf- from the individual’s professional position; ./Matthew_McGowan_15709_-SoS_decision_17.09.07_WEB_pdf.pdf-Even though there were behaviours that would point to a prohibition order being ./Matthew_McGowan_15709_-SoS_decision_17.09.07_WEB_pdf.pdf-appropriate, the panel went on to consider whether or not there were sufficient mitigating ./Matthew_McGowan_15709_-SoS_decision_17.09.07_WEB_pdf.pdf-factors to militate against a prohibition order being an appropriate and proportionate ./Matthew_McGowan_15709_-SoS_decision_17.09.07_WEB_pdf.pdf-measure to impose, particularly taking into account the nature and severity of the ./Matthew_McGowan_15709_-SoS_decision_17.09.07_WEB_pdf.pdf-behaviour in this case. ./Matthew_McGowan_15709_-SoS_decision_17.09.07_WEB_pdf.pdf- ./Matthew_McGowan_15709_-SoS_decision_17.09.07_WEB_pdf.pdf-The panel is satisfied that the actions of Mr McGowan were deliberate. There is no ./Matthew_McGowan_15709_-SoS_decision_17.09.07_WEB_pdf.pdf-evidence that he was acting under duress. ./Matthew_McGowan_15709_-SoS_decision_17.09.07_WEB_pdf.pdf- -- ./Matthew_McGowan_15709_-SoS_decision_17.09.07_WEB_pdf.pdf-Accordingly, the panel makes a recommendation to the Secretary of State that a ./Matthew_McGowan_15709_-SoS_decision_17.09.07_WEB_pdf.pdf-prohibition order should be imposed with immediate effect. ./Matthew_McGowan_15709_-SoS_decision_17.09.07_WEB_pdf.pdf- ./Matthew_McGowan_15709_-SoS_decision_17.09.07_WEB_pdf.pdf-The panel went on to consider whether or not it would be appropriate to recommend that ./Matthew_McGowan_15709_-SoS_decision_17.09.07_WEB_pdf.pdf-a review period of the order should be considered. The panel was mindful that a ./Matthew_McGowan_15709_-SoS_decision_17.09.07_WEB_pdf.pdf-prohibition order applies for life, but there may be circumstances in any given case that ./Matthew_McGowan_15709_-SoS_decision_17.09.07_WEB_pdf.pdf-may make it appropriate to allow a teacher to apply to have the prohibition order ./Matthew_McGowan_15709_-SoS_decision_17.09.07_WEB_pdf.pdf-reviewed after a specified period of time that may not be less than 2 years. ./Matthew_McGowan_15709_-SoS_decision_17.09.07_WEB_pdf.pdf- ./Matthew_McGowan_15709_-SoS_decision_17.09.07_WEB_pdf.pdf-The Advice indicates that there are behaviours that, if proven, would militate against a ./Matthew_McGowan_15709_-SoS_decision_17.09.07_WEB_pdf.pdf:review period being recommended. These behaviours include serious sexual ./Matthew_McGowan_15709_-SoS_decision_17.09.07_WEB_pdf.pdf:misconduct, eg where the act was sexually motivated and resulted in or had the potential ./Matthew_McGowan_15709_-SoS_decision_17.09.07_WEB_pdf.pdf-to result in, harm to a person or persons, particularly where the individual has used their ./Matthew_McGowan_15709_-SoS_decision_17.09.07_WEB_pdf.pdf-professional position to influence or exploit a person or persons. ./Matthew_McGowan_15709_-SoS_decision_17.09.07_WEB_pdf.pdf- ./Matthew_McGowan_15709_-SoS_decision_17.09.07_WEB_pdf.pdf-The panel, therefore, felt that its findings indicated a situation in which a review period ./Matthew_McGowan_15709_-SoS_decision_17.09.07_WEB_pdf.pdf-would not be appropriate and as such decided that it would be proportionate in all the ./Matthew_McGowan_15709_-SoS_decision_17.09.07_WEB_pdf.pdf-circumstances for the prohibition order to be recommended without provision for a review ./Matthew_McGowan_15709_-SoS_decision_17.09.07_WEB_pdf.pdf-period. ./Matthew_McGowan_15709_-SoS_decision_17.09.07_WEB_pdf.pdf- ./Matthew_McGowan_15709_-SoS_decision_17.09.07_WEB_pdf.pdf- ./Matthew_McGowan_15709_-SoS_decision_17.09.07_WEB_pdf.pdf-Decision and reasons on behalf of the Secretary of State -- ./Matthew_McGowan_15709_-SoS_decision_17.09.07_WEB_pdf.pdf-profession. I have considered the extent to which a prohibition order in this case would ./Matthew_McGowan_15709_-SoS_decision_17.09.07_WEB_pdf.pdf-achieve that aim taking into account the impact that it will have on the individual teacher. ./Matthew_McGowan_15709_-SoS_decision_17.09.07_WEB_pdf.pdf-I have also asked myself whether or not a less intrusive measure, such as the published ./Matthew_McGowan_15709_-SoS_decision_17.09.07_WEB_pdf.pdf-finding of unacceptable professional conduct and conduct that may bring the profession ./Matthew_McGowan_15709_-SoS_decision_17.09.07_WEB_pdf.pdf-into disrepute, would itself be sufficient to achieve the overall aim. I have to consider ./Matthew_McGowan_15709_-SoS_decision_17.09.07_WEB_pdf.pdf-whether the consequences of such a publication are themselves sufficient. I have ./Matthew_McGowan_15709_-SoS_decision_17.09.07_WEB_pdf.pdf-considered therefore whether or not prohibiting Mr McGowan, and the impact that will ./Matthew_McGowan_15709_-SoS_decision_17.09.07_WEB_pdf.pdf-have on him, is proportionate. ./Matthew_McGowan_15709_-SoS_decision_17.09.07_WEB_pdf.pdf- ./Matthew_McGowan_15709_-SoS_decision_17.09.07_WEB_pdf.pdf-In this case I have considered the extent to which a prohibition order would protect ./Matthew_McGowan_15709_-SoS_decision_17.09.07_WEB_pdf.pdf:children. The panel has found “behaviour associated with the offence of sexual activity ./Matthew_McGowan_15709_-SoS_decision_17.09.07_WEB_pdf.pdf-with a pupil is relevant.” A prohibition order would therefore prevent the risk of repetition ./Matthew_McGowan_15709_-SoS_decision_17.09.07_WEB_pdf.pdf-of this behaviour from being present. I have also taken into account the panel’s ./Matthew_McGowan_15709_-SoS_decision_17.09.07_WEB_pdf.pdf-comments on insight and remorse which the panel sets out as follows, “Mr McGowan has ./Matthew_McGowan_15709_-SoS_decision_17.09.07_WEB_pdf.pdf-not shown clear insight into the severity of his misconduct and its impact on Pupil A.” The ./Matthew_McGowan_15709_-SoS_decision_17.09.07_WEB_pdf.pdf-panel has also commented that Mr McGowan’s actions “were deliberate. There is no ./Matthew_McGowan_15709_-SoS_decision_17.09.07_WEB_pdf.pdf-evidence that he was acting under duress.” In my judgement the lack of insight means ./Matthew_McGowan_15709_-SoS_decision_17.09.07_WEB_pdf.pdf-that there is some risk of the repetition of this behaviour and this risks future pupils’ being ./Matthew_McGowan_15709_-SoS_decision_17.09.07_WEB_pdf.pdf-subject to similar behaviour. I have therefore given this element considerable weight in ./Matthew_McGowan_15709_-SoS_decision_17.09.07_WEB_pdf.pdf-reaching my decision. ./Matthew_McGowan_15709_-SoS_decision_17.09.07_WEB_pdf.pdf- -- ./Matthew_McGowan_15709_-SoS_decision_17.09.07_WEB_pdf.pdf-not treated with the utmost seriousness when regulating the conduct of the profession.” I ./Matthew_McGowan_15709_-SoS_decision_17.09.07_WEB_pdf.pdf:am particularly mindful of the finding of behaviour associated with sexual activity with a ./Matthew_McGowan_15709_-SoS_decision_17.09.07_WEB_pdf.pdf-pupil in this case and the impact that such a finding has on the reputation of the ./Matthew_McGowan_15709_-SoS_decision_17.09.07_WEB_pdf.pdf-profession. ./Matthew_McGowan_15709_-SoS_decision_17.09.07_WEB_pdf.pdf- ./Matthew_McGowan_15709_-SoS_decision_17.09.07_WEB_pdf.pdf-I have had to consider that the public has a high expectation of professional standards of ./Matthew_McGowan_15709_-SoS_decision_17.09.07_WEB_pdf.pdf-all teachers and that failure to impose a prohibition order might be regarded by the public ./Matthew_McGowan_15709_-SoS_decision_17.09.07_WEB_pdf.pdf-as a failure to uphold those high standards. In weighing these considerations I have had ./Matthew_McGowan_15709_-SoS_decision_17.09.07_WEB_pdf.pdf-to consider the matter from the point of view of an “ordinary intelligent and well-informed ./Matthew_McGowan_15709_-SoS_decision_17.09.07_WEB_pdf.pdf-citizen.” ./Matthew_McGowan_15709_-SoS_decision_17.09.07_WEB_pdf.pdf- ./Matthew_McGowan_15709_-SoS_decision_17.09.07_WEB_pdf.pdf-I have considered whether the publication of a finding of unacceptable professional -- ./Matthew_McGowan_15709_-SoS_decision_17.09.07_WEB_pdf.pdf-I have considered the panel’s comments “The Advice indicates that there are behaviours ./Matthew_McGowan_15709_-SoS_decision_17.09.07_WEB_pdf.pdf-that, if proven, would militate against a review period being recommended. These ./Matthew_McGowan_15709_-SoS_decision_17.09.07_WEB_pdf.pdf:behaviours include serious sexual misconduct, eg where the act was sexually motivated ./Matthew_McGowan_15709_-SoS_decision_17.09.07_WEB_pdf.pdf-and resulted in or had the potential to result in, harm to a person or persons, particularly ./Matthew_McGowan_15709_-SoS_decision_17.09.07_WEB_pdf.pdf-where the individual has used their professional position to influence or exploit a person ./Matthew_McGowan_15709_-SoS_decision_17.09.07_WEB_pdf.pdf-or persons.“ ./Matthew_McGowan_15709_-SoS_decision_17.09.07_WEB_pdf.pdf- ./Matthew_McGowan_15709_-SoS_decision_17.09.07_WEB_pdf.pdf-The panel has also said that allowing for no review period would be proportionate. ./Matthew_McGowan_15709_-SoS_decision_17.09.07_WEB_pdf.pdf- ./Matthew_McGowan_15709_-SoS_decision_17.09.07_WEB_pdf.pdf-I have considered whether allowing for no review period reflects the seriousness of the ./Matthew_McGowan_15709_-SoS_decision_17.09.07_WEB_pdf.pdf-findings and is a proportionate period to achieve the aim of maintaining public confidence ./Matthew_McGowan_15709_-SoS_decision_17.09.07_WEB_pdf.pdf-in the profession. In this case, there are three factors that in my view mean that a two ./Matthew_McGowan_15709_-SoS_decision_17.09.07_WEB_pdf.pdf-year review period is not sufficient to achieve the aim of maintaining public confidence in ./Matthew_McGowan_15709_-SoS_decision_17.09.07_WEB_pdf.pdf:the profession. These elements are the serious sexual misconduct, the lack of either ./Matthew_McGowan_15709_-SoS_decision_17.09.07_WEB_pdf.pdf-insight or remorse, and the fact that the conduct continued after it had been brought to Mr ./Matthew_McGowan_15709_-SoS_decision_17.09.07_WEB_pdf.pdf-McGowan’s attention. ./Matthew_McGowan_15709_-SoS_decision_17.09.07_WEB_pdf.pdf- ./Matthew_McGowan_15709_-SoS_decision_17.09.07_WEB_pdf.pdf-I consider therefore that a prohibition order that allows for no review period is required to ./Matthew_McGowan_15709_-SoS_decision_17.09.07_WEB_pdf.pdf-satisfy the maintenance of public confidence in the profession. ./Matthew_McGowan_15709_-SoS_decision_17.09.07_WEB_pdf.pdf- ./Matthew_McGowan_15709_-SoS_decision_17.09.07_WEB_pdf.pdf-This means that Mr Matthew McGowan is prohibited from teaching indefinitely and ./Matthew_McGowan_15709_-SoS_decision_17.09.07_WEB_pdf.pdf-cannot teach in any school, sixth form college, relevant youth accommodation or ./Matthew_McGowan_15709_-SoS_decision_17.09.07_WEB_pdf.pdf-children’s home in England. Furthermore, in view of the seriousness of the allegations ./Matthew_McGowan_15709_-SoS_decision_17.09.07_WEB_pdf.pdf-found proved against him, I have decided that Mr Matthew McGowan shall not be entitled ./McCarthy_Ultan_-_Web_Decision_-9142342.pdf- ./McCarthy_Ultan_-_Web_Decision_-9142342.pdf- ./McCarthy_Ultan_-_Web_Decision_-9142342.pdf-B. Allegations ./McCarthy_Ultan_-_Web_Decision_-9142342.pdf-The panel considered the allegation set out in the Notice of Meeting dated 13 March ./McCarthy_Ultan_-_Web_Decision_-9142342.pdf-2015. ./McCarthy_Ultan_-_Web_Decision_-9142342.pdf- ./McCarthy_Ultan_-_Web_Decision_-9142342.pdf-It was alleged that Mr McCarthy was guilty of unacceptable professional conduct, in that ./McCarthy_Ultan_-_Web_Decision_-9142342.pdf-[redacted]: ./McCarthy_Ultan_-_Web_Decision_-9142342.pdf- ./McCarthy_Ultan_-_Web_Decision_-9142342.pdf- 1. He accessed inappropriate websites using his school laptop. ./McCarthy_Ultan_-_Web_Decision_-9142342.pdf: 2. And in doing so at paragraph 1 his actions were sexually motivated. ./McCarthy_Ultan_-_Web_Decision_-9142342.pdf- 3. He was cautioned on 29 January 2014 for the offence of: Possessing an indecent ./McCarthy_Ultan_-_Web_Decision_-9142342.pdf- photograph or pseudo-photograph of a child contrary to section 160 (1) (2A) and ./McCarthy_Ultan_-_Web_Decision_-9142342.pdf- (3) of the Criminal Justice Act 1988. ./McCarthy_Ultan_-_Web_Decision_-9142342.pdf- ./McCarthy_Ultan_-_Web_Decision_-9142342.pdf- ./McCarthy_Ultan_-_Web_Decision_-9142342.pdf- ./McCarthy_Ultan_-_Web_Decision_-9142342.pdf- 3 ./McCarthy_Ultan_-_Web_Decision_-9142342.pdf- -- ./McCarthy_Ultan_-_Web_Decision_-9142342.pdf-The panel announced its decision and reasons as follows: ./McCarthy_Ultan_-_Web_Decision_-9142342.pdf- ./McCarthy_Ultan_-_Web_Decision_-9142342.pdf-We have now carefully considered the case before us and have reached a decision. ./McCarthy_Ultan_-_Web_Decision_-9142342.pdf- ./McCarthy_Ultan_-_Web_Decision_-9142342.pdf-We confirm that we have read all the documents provided in the bundle in advance of the ./McCarthy_Ultan_-_Web_Decision_-9142342.pdf-hearing. ./McCarthy_Ultan_-_Web_Decision_-9142342.pdf- ./McCarthy_Ultan_-_Web_Decision_-9142342.pdf-Mr McCarthy was employed as a teacher at [redacted] (‘the college’) from 1 September ./McCarthy_Ultan_-_Web_Decision_-9142342.pdf-2006 to 5 January 2014. He was issued with a work laptop by the college. He accessed ./McCarthy_Ultan_-_Web_Decision_-9142342.pdf-inappropriate websites using his school-based laptop, consisting of viewing adult softcore ./McCarthy_Ultan_-_Web_Decision_-9142342.pdf:and hardcore pornography whilst at home. This contravened the Code of Conduct for use ./McCarthy_Ultan_-_Web_Decision_-9142342.pdf:of ICT at the college. These actions by Mr McCarthy were sexually motivated. On 9 ./McCarthy_Ultan_-_Web_Decision_-9142342.pdf-October 2013 the college was notified of Mr McCarthy’s browsing of inappropriate ./McCarthy_Ultan_-_Web_Decision_-9142342.pdf-images by its IT company. On 15 October 2013, Mr McCarthy was arrested by the police ./McCarthy_Ultan_-_Web_Decision_-9142342.pdf-and interviewed. The police seized all of his computer equipment from his family home ./McCarthy_Ultan_-_Web_Decision_-9142342.pdf-for investigation in addition to his school-issued laptop. The police investigation found ./McCarthy_Ultan_-_Web_Decision_-9142342.pdf-that on the night of 1 to 2 September 2012, Mr McCarthy downloaded and viewed 15 ./McCarthy_Ultan_-_Web_Decision_-9142342.pdf-indecent images classed as level 1 on the COPINE scale on his school-issued laptop. On ./McCarthy_Ultan_-_Web_Decision_-9142342.pdf-29 January 2014, Mr McCarthy accepted a caution for the offence of possessing 15 ./McCarthy_Ultan_-_Web_Decision_-9142342.pdf-indecent photographs or pseudo-photographs of children contrary to section 160(1), (2A) ./McCarthy_Ultan_-_Web_Decision_-9142342.pdf-and (3) of the Criminal Justice Act 1988. ./McCarthy_Ultan_-_Web_Decision_-9142342.pdf- ./McCarthy_Ultan_-_Web_Decision_-9142342.pdf-Findings of fact ./McCarthy_Ultan_-_Web_Decision_-9142342.pdf-Our findings of fact are as follows: ./McCarthy_Ultan_-_Web_Decision_-9142342.pdf- ./McCarthy_Ultan_-_Web_Decision_-9142342.pdf-It was alleged that Mr McCarthy was guilty of unacceptable professional conduct, ./McCarthy_Ultan_-_Web_Decision_-9142342.pdf-in that [redacted]: ./McCarthy_Ultan_-_Web_Decision_-9142342.pdf- ./McCarthy_Ultan_-_Web_Decision_-9142342.pdf-1. He accessed inappropriate websites using his school laptop. ./McCarthy_Ultan_-_Web_Decision_-9142342.pdf- ./McCarthy_Ultan_-_Web_Decision_-9142342.pdf:2. And in doing so at paragraph 1 his actions were sexually motivated. ./McCarthy_Ultan_-_Web_Decision_-9142342.pdf- ./McCarthy_Ultan_-_Web_Decision_-9142342.pdf-3. He was cautioned on 29 January 2014 for the offence of: Possessing an ./McCarthy_Ultan_-_Web_Decision_-9142342.pdf-indecent photograph or pseudo-photograph of a child contrary to section 160 (1) ./McCarthy_Ultan_-_Web_Decision_-9142342.pdf-(2A) and (3) of the Criminal Justice Act 1988. ./McCarthy_Ultan_-_Web_Decision_-9142342.pdf- ./McCarthy_Ultan_-_Web_Decision_-9142342.pdf- ./McCarthy_Ultan_-_Web_Decision_-9142342.pdf- ./McCarthy_Ultan_-_Web_Decision_-9142342.pdf-The panel finds the facts proved, based on Mr McCarthy’s admissions, the statement of ./McCarthy_Ultan_-_Web_Decision_-9142342.pdf-agreed facts and, in relation to allegation 3, his acceptance of the police caution. ./McCarthy_Ultan_-_Web_Decision_-9142342.pdf- -- ./McCarthy_Ultan_-_Web_Decision_-9142342.pdf-using the school laptop and possessing indecent images of children amount to ./McCarthy_Ultan_-_Web_Decision_-9142342.pdf-misconduct of a serious nature falling significantly short of the standard of behaviour ./McCarthy_Ultan_-_Web_Decision_-9142342.pdf-expected of a teacher. Accordingly, the panel is satisfied that unacceptable professional ./McCarthy_Ultan_-_Web_Decision_-9142342.pdf-conduct has been established. ./McCarthy_Ultan_-_Web_Decision_-9142342.pdf- ./McCarthy_Ultan_-_Web_Decision_-9142342.pdf- ./McCarthy_Ultan_-_Web_Decision_-9142342.pdf-Panel’s recommendation to the Secretary of State ./McCarthy_Ultan_-_Web_Decision_-9142342.pdf-The panel considered that Mr McCarthy’s actions are incompatible with continuing to be ./McCarthy_Ultan_-_Web_Decision_-9142342.pdf-a teacher in that: ./McCarthy_Ultan_-_Web_Decision_-9142342.pdf- ./McCarthy_Ultan_-_Web_Decision_-9142342.pdf:  Using the school laptop to access inappropriate material of a sexual nature was a ./McCarthy_Ultan_-_Web_Decision_-9142342.pdf- serious departure from the personal and professional conduct elements of the ./McCarthy_Ultan_-_Web_Decision_-9142342.pdf- Teachers’ Standards. ./McCarthy_Ultan_-_Web_Decision_-9142342.pdf-  Mr McCarthy’s actions in possessing indecent photographs or pseudo- ./McCarthy_Ultan_-_Web_Decision_-9142342.pdf: photographs of children involved sexual misconduct and the commission of a ./McCarthy_Ultan_-_Web_Decision_-9142342.pdf- serious criminal offence and resulted in a caution. [redacted] ./McCarthy_Ultan_-_Web_Decision_-9142342.pdf-The panel considered the mitigation put forward. The Panel recognised that Mr ./McCarthy_Ultan_-_Web_Decision_-9142342.pdf-McCarthy has a previous good history and this is supported by references from a number ./McCarthy_Ultan_-_Web_Decision_-9142342.pdf-of former colleagues and family members. It is clear from the material submitted that Mr ./McCarthy_Ultan_-_Web_Decision_-9142342.pdf-McCarthy was a very committed teacher and was significantly involved in outreach and ./McCarthy_Ultan_-_Web_Decision_-9142342.pdf-extra-curricula activities. Mr McCarthy commissioned his own independent psychological ./McCarthy_Ultan_-_Web_Decision_-9142342.pdf-assessment. The panel note that this report stated that Mr McCarthy is ‘psychologically ./McCarthy_Ultan_-_Web_Decision_-9142342.pdf-inquisitive and above all is motivated to understand his thoughts and behaviours, ./McCarthy_Ultan_-_Web_Decision_-9142342.pdf:especially those that led to his sexual offending behaviour’. The report makes three ./McCarthy_Ultan_-_Web_Decision_-9142342.pdf-recommendations, which Mr McCarthy has begun to address. The panel noted that Mr ./McCarthy_Ultan_-_Web_Decision_-9142342.pdf-McCarthy has voluntarily attended an individualised course at his own expense run by ./McCarthy_Ultan_-_Web_Decision_-9142342.pdf-The Lucy Faithfull Foundation. The areas addressed by the course included education, ./McCarthy_Ultan_-_Web_Decision_-9142342.pdf-exploration and practical advice. In addition, Mr McCarthy has attended counselling with ./McCarthy_Ultan_-_Web_Decision_-9142342.pdf- ./McCarthy_Ultan_-_Web_Decision_-9142342.pdf- 6 ./McCarthy_Ultan_-_Web_Decision_-9142342.pdf- -- ./McCarthy_Ultan_-_Web_Decision_-9142342.pdf-a Psychological Wellbeing Practitioner. The panel considered whether the actions of Mr ./McCarthy_Ultan_-_Web_Decision_-9142342.pdf-McCarthy had been deliberate or careless. The panel concluded that the actions were ./McCarthy_Ultan_-_Web_Decision_-9142342.pdf:deliberate, having regard to the fact that during a session of accessing adult pornography ./McCarthy_Ultan_-_Web_Decision_-9142342.pdf-by computer, he chose to view and download 15 separate indecent images of children. ./McCarthy_Ultan_-_Web_Decision_-9142342.pdf-The panel is satisfied for a prohibition order to be imposed in order to maintain public ./McCarthy_Ultan_-_Web_Decision_-9142342.pdf-confidence in the profession and to declare and uphold proper standards of conduct. This ./McCarthy_Ultan_-_Web_Decision_-9142342.pdf-is the recommendation of the panel. ./McCarthy_Ultan_-_Web_Decision_-9142342.pdf- ./McCarthy_Ultan_-_Web_Decision_-9142342.pdf-The panel considered whether to recommend that Mr McCarthy be allowed to make a ./McCarthy_Ultan_-_Web_Decision_-9142342.pdf-future application to have the prohibition order set aside. In this context, the mitigating ./McCarthy_Ultan_-_Web_Decision_-9142342.pdf-circumstances referred to above are compelling. The panel also noted that there is no ./McCarthy_Ultan_-_Web_Decision_-9142342.pdf-evidence of further illegal internet activity between the 1st / 2nd September 2012, when the ./McCarthy_Ultan_-_Web_Decision_-9142342.pdf:downloading of child pornography occurred, and his arrest on 15 October 2013. This ./McCarthy_Ultan_-_Web_Decision_-9142342.pdf-supports Mr McCarthy’s assertion that this was the only occasion on which he accessed ./McCarthy_Ultan_-_Web_Decision_-9142342.pdf:illegal child pornography and counteracts the suggestion that his behaviour represented ./McCarthy_Ultan_-_Web_Decision_-9142342.pdf:an escalation from adult pornography to increasingly hardcore child pornography. The ./McCarthy_Ultan_-_Web_Decision_-9142342.pdf-fact that Mr McCarthy has voluntarily taken the steps described above to address his ./McCarthy_Ultan_-_Web_Decision_-9142342.pdf:addiction to pornography encourages the panel to consider that Mr McCarthy should ./McCarthy_Ultan_-_Web_Decision_-9142342.pdf-have the opportunity to apply to have the prohibition order set aside after a period of 3 ./McCarthy_Ultan_-_Web_Decision_-9142342.pdf-years. This is the panel’s recommendation. ./McCarthy_Ultan_-_Web_Decision_-9142342.pdf- ./McCarthy_Ultan_-_Web_Decision_-9142342.pdf- ./McCarthy_Ultan_-_Web_Decision_-9142342.pdf- ./McCarthy_Ultan_-_Web_Decision_-9142342.pdf- ./McCarthy_Ultan_-_Web_Decision_-9142342.pdf-Decision and reasons on behalf of the Secretary of State ./McCarthy_Ultan_-_Web_Decision_-9142342.pdf-I have carefully considered the findings and recommendations of the panel in this case. ./McCarthy_Ultan_-_Web_Decision_-9142342.pdf- ./McCarthy_Ultan_-_Web_Decision_-9142342.pdf-The panel have found all the allegations proven and judged that Mr McCarthy is guilty of ./McCarthy_Ultan_-_Web_Decision_-9142342.pdf-unacceptable professional conduct. ./McCarthy_Ultan_-_Web_Decision_-9142342.pdf- ./McCarthy_Ultan_-_Web_Decision_-9142342.pdf-The facts of the case are that Mr McCarthy used his school laptop to access softcore and ./McCarthy_Ultan_-_Web_Decision_-9142342.pdf:hardcore pornography whilst at home. The police were involved and found that Mr ./McCarthy_Ultan_-_Web_Decision_-9142342.pdf-McCarthy had downloaded 15 indecent images of children on his school-issued laptop. ./McCarthy_Ultan_-_Web_Decision_-9142342.pdf-He was subsequently cautioned for the offence of possessing an indecent photograph or ./McCarthy_Ultan_-_Web_Decision_-9142342.pdf-pseudo-photograph of a child contrary to section 160 (1) (2A) and (3) of the Criminal ./McCarthy_Ultan_-_Web_Decision_-9142342.pdf-Justice Act 1988. ./McCarthy_Ultan_-_Web_Decision_-9142342.pdf- ./McCarthy_Ultan_-_Web_Decision_-9142342.pdf-The panel have properly considered the public interest considerations in this case, ./McCarthy_Ultan_-_Web_Decision_-9142342.pdf-namely the maintenance of public confidence in the profession and upholding proper ./McCarthy_Ultan_-_Web_Decision_-9142342.pdf-standards of conduct. They have determined that Mr McCarthy’s actions were deliberate ./McCarthy_Ultan_-_Web_Decision_-9142342.pdf-but have recognised his previous good history, supported by a number of positive ./McCarthy_Ultan_-_Web_Decision_-9142342.pdf-references. -- ./McCarthy_Ultan_-_Web_Decision_-9142342.pdf-The panel have gone on to consider whether to recommend that Mr McCarthy should be ./McCarthy_Ultan_-_Web_Decision_-9142342.pdf-allowed to apply to have the order set aside after a future date. They have taken account ./McCarthy_Ultan_-_Web_Decision_-9142342.pdf:of the voluntary steps Mr McCarthy has taken to address his addiction to pornography. ./McCarthy_Ultan_-_Web_Decision_-9142342.pdf-The panel found the mitigating circumstances compelling and have recommended a 3 ./McCarthy_Ultan_-_Web_Decision_-9142342.pdf-year review period. However, the Secretary of State’s advice ‘Teacher misconduct: the ./McCarthy_Ultan_-_Web_Decision_-9142342.pdf-prohibition of teachers’ makes it clear that in some circumstances a panel should ./McCarthy_Ultan_-_Web_Decision_-9142342.pdf-consider recommending that a prohibition order is imposed with no provision for the ./McCarthy_Ultan_-_Web_Decision_-9142342.pdf-teacher to apply for it to be set aside. These circumstances include specifically ‘any ./McCarthy_Ultan_-_Web_Decision_-9142342.pdf-activity involving viewing, taking, making, possessing, distributing or publishing any ./McCarthy_Ultan_-_Web_Decision_-9142342.pdf-indecent photograph or image or pseudo-photograph or image of a child’. ./McCarthy_Ultan_-_Web_Decision_-9142342.pdf- ./McCarthy_Ultan_-_Web_Decision_-9142342.pdf-In the circumstances I have decided that the prohibition order should be without the ./McCarthy_Ultan_-_Web_Decision_-9142342.pdf-opportunity to apply for it to be set aside. ./McDowall_SoS_Web_Decision.pdf- ./McDowall_SoS_Web_Decision.pdf-In around September 2018, Mr McDowall was arrested by West Midlands police on ./McDowall_SoS_Web_Decision.pdf-suspicion of historical abuse of children that were in his care and he was immediately ./McDowall_SoS_Web_Decision.pdf-suspended from his role as a teacher whilst under investigation. ./McDowall_SoS_Web_Decision.pdf- ./McDowall_SoS_Web_Decision.pdf-Mr McDowall was dismissed on 31 December 2018. ./McDowall_SoS_Web_Decision.pdf- ./McDowall_SoS_Web_Decision.pdf-On or around 5 July 2019, Mr McDowall was convicted at Birmingham County Court for ./McDowall_SoS_Web_Decision.pdf-three offences under the Sexual Offences Act 2003 including one count under section 6 ./McDowall_SoS_Web_Decision.pdf-and two counts undersection 7. Mr McDowall was sentenced to a total of 10 years’ ./McDowall_SoS_Web_Decision.pdf:imprisonment as well as being ordered to remain on the sex offenders register ./McDowall_SoS_Web_Decision.pdf-indefinitely. ./McDowall_SoS_Web_Decision.pdf- ./McDowall_SoS_Web_Decision.pdf-Findings of fact ./McDowall_SoS_Web_Decision.pdf- ./McDowall_SoS_Web_Decision.pdf-The findings of fact are as follows: ./McDowall_SoS_Web_Decision.pdf- ./McDowall_SoS_Web_Decision.pdf-The panel found the following particulars of the allegations against you proved, for these ./McDowall_SoS_Web_Decision.pdf-reasons: ./McDowall_SoS_Web_Decision.pdf- ./McDowall_SoS_Web_Decision.pdf- -- ./McDowall_SoS_Web_Decision.pdf- 3. Sexual assault of a female child under 13, on divers days between 31 August ./McDowall_SoS_Web_Decision.pdf- 2009 and 31 July 2010, contrary to the Sexual Offences Act 2003, s.7. ./McDowall_SoS_Web_Decision.pdf- ./McDowall_SoS_Web_Decision.pdf-In the statement of agreed facts, Mr McDowall accepted that he was convicted of three ./McDowall_SoS_Web_Decision.pdf-offences contrary to the Sexual Offences Act 2003. Mr McDowall has further accepted ./McDowall_SoS_Web_Decision.pdf-that each of these amounts to a conviction, at any time, of a relevant offence as outlined ./McDowall_SoS_Web_Decision.pdf-in the Teacher Misconduct: The Prohibition of Teachers (“the Advice”). ./McDowall_SoS_Web_Decision.pdf- ./McDowall_SoS_Web_Decision.pdf-The panel was provided with a copy of HM Courts and Tribunal Services certificate of ./McDowall_SoS_Web_Decision.pdf-conviction dated 11 December 2020 confirming that Mr McDowall was convicted of these ./McDowall_SoS_Web_Decision.pdf:offences and issued a prison sentence and ordered to remain on the sex offenders ./McDowall_SoS_Web_Decision.pdf-register indefinitely. On examination of the documents before the panel, the panel was ./McDowall_SoS_Web_Decision.pdf-satisfied that the allegations were proven. ./McDowall_SoS_Web_Decision.pdf- ./McDowall_SoS_Web_Decision.pdf-The panel also noted page 8 of the Advice, which states that where there has been a ./McDowall_SoS_Web_Decision.pdf-conviction, at any time, of a criminal offence, the meeting will not re-examine the facts of ./McDowall_SoS_Web_Decision.pdf-the case and the panel will accept the conviction as conclusive proof that establishes ./McDowall_SoS_Web_Decision.pdf-relevant facts. ./McDowall_SoS_Web_Decision.pdf- ./McDowall_SoS_Web_Decision.pdf-The panel noted that Mr McDowall pleaded not guilty to the criminal charges and that he ./McDowall_SoS_Web_Decision.pdf-has continued to maintain his innocence in this regard. However, notwithstanding this, for -- ./McDowall_SoS_Web_Decision.pdf-in an education setting and did have an impact on the safety or security of pupils. ./McDowall_SoS_Web_Decision.pdf- ./McDowall_SoS_Web_Decision.pdf-The panel also took account of the way the teaching profession is viewed by others. The ./McDowall_SoS_Web_Decision.pdf-panel considered that Mr McDowall’s behaviour in committing the offences could affect ./McDowall_SoS_Web_Decision.pdf-public confidence in the teaching profession, given the influence that teachers may have ./McDowall_SoS_Web_Decision.pdf-on pupils, parents and others in the community. ./McDowall_SoS_Web_Decision.pdf- ./McDowall_SoS_Web_Decision.pdf-The panel noted that Mr McDowall’s behaviour ultimately led to a sentence of 10 years’ ./McDowall_SoS_Web_Decision.pdf-imprisonment, which was indicative of the seriousness of the offences committed. ./McDowall_SoS_Web_Decision.pdf- ./McDowall_SoS_Web_Decision.pdf:This was a case involving an offence of sexual activity, which the Advice states is likely to ./McDowall_SoS_Web_Decision.pdf-be considered a relevant offence. ./McDowall_SoS_Web_Decision.pdf- ./McDowall_SoS_Web_Decision.pdf-The panel found that the seriousness of the offending behaviour that led to the conviction ./McDowall_SoS_Web_Decision.pdf-was relevant to Mr McDowall’s ongoing suitability to teach. The panel considered that a ./McDowall_SoS_Web_Decision.pdf-finding that this conviction was for a relevant offence was necessary to reaffirm clear ./McDowall_SoS_Web_Decision.pdf-standards of conduct so as to maintain public confidence in the teaching profession. ./McDowall_SoS_Web_Decision.pdf- ./McDowall_SoS_Web_Decision.pdf- ./McDowall_SoS_Web_Decision.pdf-Panel’s recommendation to the Secretary of State ./McDowall_SoS_Web_Decision.pdf-Given the panel’s findings in respect of a conviction of a relevant offence, it was -- ./McDowall_SoS_Web_Decision.pdf-public confidence in the profession, and declaring and upholding proper standards of ./McDowall_SoS_Web_Decision.pdf-conduct. ./McDowall_SoS_Web_Decision.pdf- ./McDowall_SoS_Web_Decision.pdf:In the light of the panel’s findings against Mr McDowall, which involved sexual offences ./McDowall_SoS_Web_Decision.pdf-against children, there was a very strong public interest consideration in respect of the ./McDowall_SoS_Web_Decision.pdf-protection of pupils. ./McDowall_SoS_Web_Decision.pdf- ./McDowall_SoS_Web_Decision.pdf-Similarly, the panel considered that public confidence in the profession could be seriously ./McDowall_SoS_Web_Decision.pdf-weakened if conduct such as that found against Mr McDowall were not treated with the ./McDowall_SoS_Web_Decision.pdf-utmost seriousness when regulating the conduct of the profession. ./McDowall_SoS_Web_Decision.pdf- ./McDowall_SoS_Web_Decision.pdf-The panel decided that a strong public interest consideration in declaring proper ./McDowall_SoS_Web_Decision.pdf-standards of conduct in the profession was also present as the conduct found against Mr ./McDowall_SoS_Web_Decision.pdf-McDowall was outside that which could reasonably be tolerated. -- ./McDowall_SoS_Web_Decision.pdf-considerations both in favour of, and against, prohibition as well as the interests of Mr ./McDowall_SoS_Web_Decision.pdf-McDowall. The panel took further account of the Advice, which suggests that a ./McDowall_SoS_Web_Decision.pdf-prohibition order may be appropriate if certain behaviours of a teacher have been proved. ./McDowall_SoS_Web_Decision.pdf-Those that are relevant in this case are: ./McDowall_SoS_Web_Decision.pdf- ./McDowall_SoS_Web_Decision.pdf- • serious departure from the personal and professional conduct elements of the ./McDowall_SoS_Web_Decision.pdf- Teachers’ Standards; ./McDowall_SoS_Web_Decision.pdf- • misconduct seriously affecting the education and/or wellbeing of pupils, and ./McDowall_SoS_Web_Decision.pdf- particularly where there is a continuing risk; ./McDowall_SoS_Web_Decision.pdf- • abuse of position or trust; ./McDowall_SoS_Web_Decision.pdf: • sexual misconduct, for example, involving actions that were sexually motivated or ./McDowall_SoS_Web_Decision.pdf: of a sexual nature and/or that use or exploit the trust, knowledge or influence ./McDowall_SoS_Web_Decision.pdf- derived from the individual’s professional position; ./McDowall_SoS_Web_Decision.pdf- • the commission of a serious criminal offence, including those that resulted in a ./McDowall_SoS_Web_Decision.pdf- conviction or caution, paying particular attention to offences that are ‘relevant ./McDowall_SoS_Web_Decision.pdf- matters’ for the purposes of The Police Act 1997 and criminal record disclosures. ./McDowall_SoS_Web_Decision.pdf- ./McDowall_SoS_Web_Decision.pdf-Even though some of the behaviour found proved in this case indicated that a prohibition ./McDowall_SoS_Web_Decision.pdf-order would be appropriate, the panel went on to consider the mitigating factors. ./McDowall_SoS_Web_Decision.pdf-Mitigating factors may indicate that a prohibition order would not be appropriate or ./McDowall_SoS_Web_Decision.pdf-proportionate. ./McDowall_SoS_Web_Decision.pdf- -- ./McDowall_SoS_Web_Decision.pdf-Secretary of State that a prohibition order should be imposed with immediate effect. ./McDowall_SoS_Web_Decision.pdf- ./McDowall_SoS_Web_Decision.pdf-The panel went on to consider whether or not it would be appropriate to recommend that ./McDowall_SoS_Web_Decision.pdf-a review period of the order should be considered. The panel was mindful that the Advice ./McDowall_SoS_Web_Decision.pdf-states that a prohibition order applies for life, but there may be circumstances, in any ./McDowall_SoS_Web_Decision.pdf-given case, that may make it appropriate to allow a teacher to apply to have the ./McDowall_SoS_Web_Decision.pdf-prohibition order reviewed after a specified period of time that may not be less than 2 ./McDowall_SoS_Web_Decision.pdf-years. ./McDowall_SoS_Web_Decision.pdf- ./McDowall_SoS_Web_Decision.pdf-The Advice indicates that there are behaviours that, if proved, would militate against the ./McDowall_SoS_Web_Decision.pdf:recommendation of a review period. One of these behaviours include serious sexual ./McDowall_SoS_Web_Decision.pdf:misconduct, such as where the act was sexually motivated and resulted in or had the ./McDowall_SoS_Web_Decision.pdf-potential to result in, harm to a person or persons, particularly where the individual has ./McDowall_SoS_Web_Decision.pdf-used his professional position to influence or exploit a person or persons. The panel ./McDowall_SoS_Web_Decision.pdf:found that Mr McDowall was responsible for serious sexual offences against children, ./McDowall_SoS_Web_Decision.pdf-which would indicate that no review period should be given. ./McDowall_SoS_Web_Decision.pdf- ./McDowall_SoS_Web_Decision.pdf-The panel noted that two of the victims were children aged 5 or 6 at the time of the ./McDowall_SoS_Web_Decision.pdf-offence, which occurred when Mr McDowell was their class teacher in a position of trust. ./McDowall_SoS_Web_Decision.pdf-The panel considered Mr McDowall’s actions to be at the most serious end of the scale of ./McDowall_SoS_Web_Decision.pdf-misconduct. ./McDowall_SoS_Web_Decision.pdf- ./McDowall_SoS_Web_Decision.pdf- ./McDowall_SoS_Web_Decision.pdf- ./McDowall_SoS_Web_Decision.pdf- 9 -- ./McDowall_SoS_Web_Decision.pdf-The findings of relevant criminal convictions are particularly serious as they include a ./McDowall_SoS_Web_Decision.pdf:finding of sexual assault against a child aged under 13. ./McDowall_SoS_Web_Decision.pdf- ./McDowall_SoS_Web_Decision.pdf-I have to determine whether the imposition of a prohibition order is proportionate and in ./McDowall_SoS_Web_Decision.pdf-the public interest. In considering that for this case, I have considered the overall aim of a ./McDowall_SoS_Web_Decision.pdf-prohibition order which is to protect pupils and to maintain public confidence in the ./McDowall_SoS_Web_Decision.pdf-profession. I have considered the extent to which a prohibition order in this case would ./McDowall_SoS_Web_Decision.pdf-achieve that aim taking into account the impact that it will have on the individual teacher. ./McDowall_SoS_Web_Decision.pdf-I have also asked myself, whether a less intrusive measure, such as the published ./McDowall_SoS_Web_Decision.pdf-finding of unacceptable professional conduct and conduct that may bring the profession ./McDowall_SoS_Web_Decision.pdf-into disrepute, would itself be sufficient to achieve the overall aim. I have to consider ./McDowall_SoS_Web_Decision.pdf-whether the consequences of such a publication are themselves sufficient. I have -- ./McDowall_SoS_Web_Decision.pdf-judgement, the lack of insight means that there is risk of the repetition of this behaviour ./McDowall_SoS_Web_Decision.pdf-and this puts at risk the future well being of pupils. I have therefore given this element ./McDowall_SoS_Web_Decision.pdf-considerable weight in reaching my decision. ./McDowall_SoS_Web_Decision.pdf- ./McDowall_SoS_Web_Decision.pdf-I have gone on to consider the extent to which a prohibition order would maintain public ./McDowall_SoS_Web_Decision.pdf-confidence in the profession. The panel observe, “The panel considered that Mr ./McDowall_SoS_Web_Decision.pdf-McDowall’s behaviour in committing the offences could affect public confidence in the ./McDowall_SoS_Web_Decision.pdf-teaching profession, given the influence that teachers may have on pupils, parents and ./McDowall_SoS_Web_Decision.pdf-others in the community.” ./McDowall_SoS_Web_Decision.pdf- ./McDowall_SoS_Web_Decision.pdf:I am particularly mindful of the finding of sexual assault on a child under the age of 13 in ./McDowall_SoS_Web_Decision.pdf-this case and the significant impact that such a finding has on the reputation of the ./McDowall_SoS_Web_Decision.pdf-profession. ./McDowall_SoS_Web_Decision.pdf- ./McDowall_SoS_Web_Decision.pdf-I have had to consider that the public has a high expectation of professional standards of ./McDowall_SoS_Web_Decision.pdf-all teachers and that the public might regard a failure to impose a prohibition order as a ./McDowall_SoS_Web_Decision.pdf-failure to uphold those high standards. In weighing these considerations, I have had to ./McDowall_SoS_Web_Decision.pdf- ./McDowall_SoS_Web_Decision.pdf- ./McDowall_SoS_Web_Decision.pdf- 11 ./McDowall_SoS_Web_Decision.pdf- -- ./McDowall_SoS_Web_Decision.pdf-insight, does not in my view satisfy the public interest requirement concerning public ./McDowall_SoS_Web_Decision.pdf-confidence in the profession. ./McDowall_SoS_Web_Decision.pdf- ./McDowall_SoS_Web_Decision.pdf-For these reasons, I have concluded that a prohibition order is proportionate and in the ./McDowall_SoS_Web_Decision.pdf-public interest in order to achieve the intended aims of a prohibition order. ./McDowall_SoS_Web_Decision.pdf- ./McDowall_SoS_Web_Decision.pdf-I have gone on to consider the matter of a review period. In this case, the panel has ./McDowall_SoS_Web_Decision.pdf-recommended that no provision should be made for a review period. ./McDowall_SoS_Web_Decision.pdf- ./McDowall_SoS_Web_Decision.pdf-I have considered the panel’s comments, “The panel found that Mr McDowall was ./McDowall_SoS_Web_Decision.pdf:responsible for serious sexual offences against children, which would indicate that no ./McDowall_SoS_Web_Decision.pdf-review period should be given.” ./McDowall_SoS_Web_Decision.pdf- ./McDowall_SoS_Web_Decision.pdf-I have considered whether allowing for a no review period reflects the seriousness of the ./McDowall_SoS_Web_Decision.pdf-findings and is proportionate and necessary to achieve the aim of maintaining public ./McDowall_SoS_Web_Decision.pdf-confidence in the profession. In this case, the serious nature of the convictions which led ./McDowall_SoS_Web_Decision.pdf-to a 10 year custodial sentence and the total lack of insight or remorse sufficient to ./McDowall_SoS_Web_Decision.pdf-achieve the aim of maintaining public confidence in the profession indicate that a no ./McDowall_SoS_Web_Decision.pdf-review is necessary. ./McDowall_SoS_Web_Decision.pdf- ./McDowall_SoS_Web_Decision.pdf- ./Mclean__Ian_-_11953_-_Web_decision.pdf- 1. He engaged in inappropriate communication via Facebook with the following ./Mclean__Ian_-_11953_-_Web_decision.pdf- pupils from Rainhill High School Media Arts College: ./Mclean__Ian_-_11953_-_Web_decision.pdf- ./Mclean__Ian_-_11953_-_Web_decision.pdf- a. Pupil A, ./Mclean__Ian_-_11953_-_Web_decision.pdf- ./Mclean__Ian_-_11953_-_Web_decision.pdf- b. Pupil B, ./Mclean__Ian_-_11953_-_Web_decision.pdf- ./Mclean__Ian_-_11953_-_Web_decision.pdf- c. Pupil C, ./Mclean__Ian_-_11953_-_Web_decision.pdf- ./Mclean__Ian_-_11953_-_Web_decision.pdf- 2. The Facebook communications which are referred to at (1) above were ./Mclean__Ian_-_11953_-_Web_decision.pdf: inappropriate and included messages of a sexual nature; ./Mclean__Ian_-_11953_-_Web_decision.pdf- ./Mclean__Ian_-_11953_-_Web_decision.pdf: 3. His conduct as set out at 1 and/or 2 above was sexually motivated. ./Mclean__Ian_-_11953_-_Web_decision.pdf- ./Mclean__Ian_-_11953_-_Web_decision.pdf-All of the allegations were denied. ./Mclean__Ian_-_11953_-_Web_decision.pdf- ./Mclean__Ian_-_11953_-_Web_decision.pdf- ./Mclean__Ian_-_11953_-_Web_decision.pdf-C. Preliminary applications ./Mclean__Ian_-_11953_-_Web_decision.pdf-There were no preliminary applications. ./Mclean__Ian_-_11953_-_Web_decision.pdf- ./Mclean__Ian_-_11953_-_Web_decision.pdf- ./Mclean__Ian_-_11953_-_Web_decision.pdf-D. Summary of evidence ./Mclean__Ian_-_11953_-_Web_decision.pdf-Documents -- ./Mclean__Ian_-_11953_-_Web_decision.pdf-E. Decision and reasons ./Mclean__Ian_-_11953_-_Web_decision.pdf-The panel announced its decision and reasons as follows: ./Mclean__Ian_-_11953_-_Web_decision.pdf- ./Mclean__Ian_-_11953_-_Web_decision.pdf-We have carefully considered the case before us and have reached a decision. ./Mclean__Ian_-_11953_-_Web_decision.pdf- ./Mclean__Ian_-_11953_-_Web_decision.pdf-We confirm that we have read all the documents provided in the bundle in advance of the ./Mclean__Ian_-_11953_-_Web_decision.pdf-hearing. ./Mclean__Ian_-_11953_-_Web_decision.pdf- ./Mclean__Ian_-_11953_-_Web_decision.pdf-This is a case in which it was alleged that the teacher Mr McLean had embarked on ./Mclean__Ian_-_11953_-_Web_decision.pdf-Facebook exchanges with three pupils at his former school that were inappropriate and ./Mclean__Ian_-_11953_-_Web_decision.pdf:included messages of a sexual nature. In doing so it was alleged that he had acted with ./Mclean__Ian_-_11953_-_Web_decision.pdf:sexual motivation. The messages had been sent at night soon after Mr McLean had ./Mclean__Ian_-_11953_-_Web_decision.pdf-added the relevant pupils as friends on his Facebook account. The messages written by ./Mclean__Ian_-_11953_-_Web_decision.pdf-Mr McLean had included comments as to the size of one pupil's breasts and enquiries as ./Mclean__Ian_-_11953_-_Web_decision.pdf- ./Mclean__Ian_-_11953_-_Web_decision.pdf- ./Mclean__Ian_-_11953_-_Web_decision.pdf- 5 ./Mclean__Ian_-_11953_-_Web_decision.pdf- -- ./Mclean__Ian_-_11953_-_Web_decision.pdf-been indicative of this, which it was not. Furthermore, we have seen that following the ./Mclean__Ian_-_11953_-_Web_decision.pdf-exchanges with pupil A, Mr McLean apologised for his behaviour. Although struggling to ./Mclean__Ian_-_11953_-_Web_decision.pdf-remember what he had written he clearly accepts that the messages must have been ./Mclean__Ian_-_11953_-_Web_decision.pdf-written by him. A different explanation only followed later when suggested by pupil A. The ./Mclean__Ian_-_11953_-_Web_decision.pdf-various communications with the three pupils contained consistencies between them with ./Mclean__Ian_-_11953_-_Web_decision.pdf-regard to the language used. For example, reference to the pupils' 'naughty side'. This is ./Mclean__Ian_-_11953_-_Web_decision.pdf-further evidence in support of the contention that all of the messages were written by the ./Mclean__Ian_-_11953_-_Web_decision.pdf-same person and that person was Mr McLean. ./Mclean__Ian_-_11953_-_Web_decision.pdf- ./Mclean__Ian_-_11953_-_Web_decision.pdf- 2. The Facebook communications which are referred to at (1) above were ./Mclean__Ian_-_11953_-_Web_decision.pdf: inappropriate and included messages of a sexual nature. ./Mclean__Ian_-_11953_-_Web_decision.pdf- ./Mclean__Ian_-_11953_-_Web_decision.pdf-We find this factual particular proved. The fact that Mr McLean was befriending his former ./Mclean__Ian_-_11953_-_Web_decision.pdf-students and/or students who were pupils at his former school as his friends on ./Mclean__Ian_-_11953_-_Web_decision.pdf-Facebook, and communicating with them through that social media platform was ./Mclean__Ian_-_11953_-_Web_decision.pdf- ./Mclean__Ian_-_11953_-_Web_decision.pdf- ./Mclean__Ian_-_11953_-_Web_decision.pdf- 6 ./Mclean__Ian_-_11953_-_Web_decision.pdf- -- ./Mclean__Ian_-_11953_-_Web_decision.pdf-inappropriate in itself. The content of the various messages speaks for itself. Clearly they ./Mclean__Ian_-_11953_-_Web_decision.pdf:included messages of a sexual nature as well as being simply inappropriate in nature. ./Mclean__Ian_-_11953_-_Web_decision.pdf-Examples include asking pupils A and B if they had a 'naughty side' and asking pupil A if ./Mclean__Ian_-_11953_-_Web_decision.pdf-she had a 'mischievous side' and whether she was a girl 'who had fun'. Furthermore, Mr ./Mclean__Ian_-_11953_-_Web_decision.pdf-McLean stated to pupil B that he had seen that she 'had big boobs at the prom' and ./Mclean__Ian_-_11953_-_Web_decision.pdf-asked pupil C to send him photographs of herself, a request that was followed by a ./Mclean__Ian_-_11953_-_Web_decision.pdf-winking face. ./Mclean__Ian_-_11953_-_Web_decision.pdf- ./Mclean__Ian_-_11953_-_Web_decision.pdf: 3. Your conduct as set out at 1 and/or 2 above was sexually motivated. ./Mclean__Ian_-_11953_-_Web_decision.pdf- ./Mclean__Ian_-_11953_-_Web_decision.pdf-We find this factual particular proved. It must follow from the above that sending ./Mclean__Ian_-_11953_-_Web_decision.pdf:messages of a sexual nature to female pupils was sexually motivated. ./Mclean__Ian_-_11953_-_Web_decision.pdf- ./Mclean__Ian_-_11953_-_Web_decision.pdf-Findings as to unacceptable professional conduct and/or conduct that ./Mclean__Ian_-_11953_-_Web_decision.pdf-may bring the profession into disrepute ./Mclean__Ian_-_11953_-_Web_decision.pdf-Having found all of the allegations to have been proven, the panel has gone on to ./Mclean__Ian_-_11953_-_Web_decision.pdf-consider whether the facts of those proven allegations amount to unacceptable ./Mclean__Ian_-_11953_-_Web_decision.pdf-professional conduct and/or conduct that may bring the profession into disrepute. ./Mclean__Ian_-_11953_-_Web_decision.pdf- ./Mclean__Ian_-_11953_-_Web_decision.pdf-In doing so, the panel has had regard to the document Teacher Misconduct: The ./Mclean__Ian_-_11953_-_Web_decision.pdf-Prohibition of Teachers, which we refer to as “the Advice”. ./Mclean__Ian_-_11953_-_Web_decision.pdf- -- ./Mclean__Ian_-_11953_-_Web_decision.pdf-consider whether it would be appropriate to recommend the imposition of a prohibition ./Mclean__Ian_-_11953_-_Web_decision.pdf-order by the Secretary of State. ./Mclean__Ian_-_11953_-_Web_decision.pdf- ./Mclean__Ian_-_11953_-_Web_decision.pdf-In considering whether to recommend to the Secretary of State that a prohibition order ./Mclean__Ian_-_11953_-_Web_decision.pdf-should be made, the panel has to consider whether it is an appropriate and proportionate ./Mclean__Ian_-_11953_-_Web_decision.pdf-measure, and whether it is in the public interest to do so. Prohibition orders should not be ./Mclean__Ian_-_11953_-_Web_decision.pdf-given in order to be punitive, or to show that blame has been apportioned, although they ./Mclean__Ian_-_11953_-_Web_decision.pdf-are likely to have punitive effect. ./Mclean__Ian_-_11953_-_Web_decision.pdf- ./Mclean__Ian_-_11953_-_Web_decision.pdf-In light of the panel’s findings against Mr McLean, which involved sending social media ./Mclean__Ian_-_11953_-_Web_decision.pdf:messages to female pupils of a sexual nature, as explained above, there has clearly ./Mclean__Ian_-_11953_-_Web_decision.pdf-been a serious departure from the personal and professional conduct elements of the ./Mclean__Ian_-_11953_-_Web_decision.pdf:Teachers' Standards. This case involves sexual misconduct. However, the panel believes ./Mclean__Ian_-_11953_-_Web_decision.pdf-it is at the lower end of the scale of such cases. ./Mclean__Ian_-_11953_-_Web_decision.pdf- ./Mclean__Ian_-_11953_-_Web_decision.pdf-These events occurred at a very difficult time in Mr McLean's life. He was, at the time, ./Mclean__Ian_-_11953_-_Web_decision.pdf-suffering significant personal upheaval, including divorce and the imminent arrival of his ./Mclean__Ian_-_11953_-_Web_decision.pdf-first child with whom he would initially have no contact. The circumstances had resulted ./Mclean__Ian_-_11953_-_Web_decision.pdf-in him moving back in with his mother. ./Mclean__Ian_-_11953_-_Web_decision.pdf- ./Mclean__Ian_-_11953_-_Web_decision.pdf-It is in the above context that the panel has taken account of the relevant public interest ./Mclean__Ian_-_11953_-_Web_decision.pdf-considerations and weighed them against the interests of the teacher. The panel has ./Mclean__Ian_-_11953_-_Web_decision.pdf-considered all of the mitigation present which includes the state of Mr McLean's personal -- ./Mclean__Ian_-_11953_-_Web_decision.pdf-has made. ./Mclean__Ian_-_11953_-_Web_decision.pdf- ./Mclean__Ian_-_11953_-_Web_decision.pdf-The panel therefore recommends against the imposition of a prohibition order in this ./Mclean__Ian_-_11953_-_Web_decision.pdf-case. In the panel's view such an order would be disproportionate in the context of this ./Mclean__Ian_-_11953_-_Web_decision.pdf-case. The panel does not believe there is any risk of a repeat of such behaviour given the ./Mclean__Ian_-_11953_-_Web_decision.pdf-personal context in which the relevant events occurred. Everyone, including the panel, is ./Mclean__Ian_-_11953_-_Web_decision.pdf-agreed that these actions were out of character. ./Mclean__Ian_-_11953_-_Web_decision.pdf- ./Mclean__Ian_-_11953_-_Web_decision.pdf-The panel is satisfied that public confidence in the profession will be maintained without ./Mclean__Ian_-_11953_-_Web_decision.pdf-such an order being made, taking into account the personal circumstances that ./Mclean__Ian_-_11953_-_Web_decision.pdf:presented at the relevant time, the less serious nature of the sexual misconduct and the ./Mclean__Ian_-_11953_-_Web_decision.pdf-earlier imposition of an interim prohibition order that has run for nearly two years. Mr ./Mclean__Ian_-_11953_-_Web_decision.pdf-McLean is apologetic, has demonstrated clear insight into the risks of social media and ./Mclean__Ian_-_11953_-_Web_decision.pdf-no longer uses such modes of communication. ./Mclean__Ian_-_11953_-_Web_decision.pdf- ./Mclean__Ian_-_11953_-_Web_decision.pdf- ./Mclean__Ian_-_11953_-_Web_decision.pdf-Decision and reasons on behalf of the Secretary of State ./Mclean__Ian_-_11953_-_Web_decision.pdf-I have given very careful consideration to this case and to the recommendation of the ./Mclean__Ian_-_11953_-_Web_decision.pdf-panel in respect of sanction. ./Mclean__Ian_-_11953_-_Web_decision.pdf- ./Mclean__Ian_-_11953_-_Web_decision.pdf-This is a case in which the teacher has been found to be engaging in inappropriate ./Mclean__Ian_-_11953_-_Web_decision.pdf:communication with three pupils. That communication has been found to be sexually ./Mclean__Ian_-_11953_-_Web_decision.pdf-motivated. ./Mclean__Ian_-_11953_-_Web_decision.pdf- ./Mclean__Ian_-_11953_-_Web_decision.pdf-The panel say that they “reject Mr McLean's suggestion that the messages may have ./Mclean__Ian_-_11953_-_Web_decision.pdf-been written by one of his social group. We are satisfied on the balance of probabilities ./Mclean__Ian_-_11953_-_Web_decision.pdf-that Mr McLean sent all of the messages as described by pupils A, B and C.” ./Mclean__Ian_-_11953_-_Web_decision.pdf- ./Mclean__Ian_-_11953_-_Web_decision.pdf-I have noted that the panel considers that by reference to part two of the standards, Mr ./Mclean__Ian_-_11953_-_Web_decision.pdf-McLean is in breach of the following standards: ./Mclean__Ian_-_11953_-_Web_decision.pdf- ./Mclean__Ian_-_11953_-_Web_decision.pdf-  Teachers uphold public trust in the profession and maintain high standards of -- ./Mclean__Ian_-_11953_-_Web_decision.pdf- ./Mclean__Ian_-_11953_-_Web_decision.pdf-I have taken into account the need to balance the public interest and the interest of Mr ./Mclean__Ian_-_11953_-_Web_decision.pdf-Mclean. I have noted the need to be proportionate. A prohibition order should not be ./Mclean__Ian_-_11953_-_Web_decision.pdf-punitive although its effect may be punitive. ./Mclean__Ian_-_11953_-_Web_decision.pdf- ./Mclean__Ian_-_11953_-_Web_decision.pdf-In my judgement the panel has not taken sufficient account of the seriousness of these ./Mclean__Ian_-_11953_-_Web_decision.pdf-actions and has given a greater degree of weight to the mitigation offered than I feel is ./Mclean__Ian_-_11953_-_Web_decision.pdf-appropriate. In my judgement Mr McLean’s behaviour is very serious. He sent these ./Mclean__Ian_-_11953_-_Web_decision.pdf-messages to 3 pupils over a period of time. He initially tried to deny his personal ./Mclean__Ian_-_11953_-_Web_decision.pdf-involvement. His behaviour had “a significant negative impact on pupil well-being.” His ./Mclean__Ian_-_11953_-_Web_decision.pdf:conduct was sexually motivated and he “asked pupil C to send him photographs of ./Mclean__Ian_-_11953_-_Web_decision.pdf-herself, a request that was followed by a winking face.” ./Mclean__Ian_-_11953_-_Web_decision.pdf- ./Mclean__Ian_-_11953_-_Web_decision.pdf-In my view it is therefore in the public interest, proportionate and in line with the guidance ./Mclean__Ian_-_11953_-_Web_decision.pdf-set out by the Secretary of State to impose a prohibition order. In this particular case and ./Mclean__Ian_-_11953_-_Web_decision.pdf-in all of the circumstances as set out I do not feel that it is sufficient simply to declare in ./Mclean__Ian_-_11953_-_Web_decision.pdf-public a finding of unacceptable professional conduct. ./Mclean__Ian_-_11953_-_Web_decision.pdf- ./Mclean__Ian_-_11953_-_Web_decision.pdf- I now turn to the issue of a review period. Clearly there is no recommendation of the ./Mclean__Ian_-_11953_-_Web_decision.pdf-panel on this matter. ./Mclean__Ian_-_11953_-_Web_decision.pdf- ./McNeil__P_13542_Web_decision.pdf-February 2016. ./McNeil__P_13542_Web_decision.pdf- ./McNeil__P_13542_Web_decision.pdf-It was alleged that Mr Paul McNeil was guilty of unacceptable professional conduct ./McNeil__P_13542_Web_decision.pdf-and/or conduct that may bring the profession into disrepute, in that: ./McNeil__P_13542_Web_decision.pdf- ./McNeil__P_13542_Web_decision.pdf-While employed at Hartley Primary School, Hartley Road, East Ham, London, he: ./McNeil__P_13542_Web_decision.pdf- ./McNeil__P_13542_Web_decision.pdf- 1. Between 25 September 2008 and 14 December 2009, placed up to 6 orders for a ./McNeil__P_13542_Web_decision.pdf- total of up to 13 DVDs, which included: ./McNeil__P_13542_Web_decision.pdf- ./McNeil__P_13542_Web_decision.pdf: a. an indecent image of a child or children, involving (non-penetrative) sexual ./McNeil__P_13542_Web_decision.pdf- activity; ./McNeil__P_13542_Web_decision.pdf- ./McNeil__P_13542_Web_decision.pdf- b. 7 images of a child or children which were inappropriate or indecent; ./McNeil__P_13542_Web_decision.pdf- ./McNeil__P_13542_Web_decision.pdf- 2. In January 2012, arranged to transfer money, believing that in return he would ./McNeil__P_13542_Web_decision.pdf: have the opportunity to view sexual activity involving a child or children via the ./McNeil__P_13542_Web_decision.pdf- internet and/or to view indecent or inappropriate images of children; ./McNeil__P_13542_Web_decision.pdf- ./McNeil__P_13542_Web_decision.pdf- 3. During communications via Skype: ./McNeil__P_13542_Web_decision.pdf- ./McNeil__P_13542_Web_decision.pdf- a. On a date recorded as being 11 June 2013: ./McNeil__P_13542_Web_decision.pdf- ./McNeil__P_13542_Web_decision.pdf- i. pretended to be or played the role of a father, with another Skype user ./McNeil__P_13542_Web_decision.pdf- pretending to be or playing the role of a son; ./McNeil__P_13542_Web_decision.pdf- ./McNeil__P_13542_Web_decision.pdf- ii. communicated, "U R HOT LET'S DO THIS FOR REAL YOU HAVE -- ./McNeil__P_13542_Web_decision.pdf- storage media: ./McNeil__P_13542_Web_decision.pdf- ./McNeil__P_13542_Web_decision.pdf- a. 6 camcorder tapes; ./McNeil__P_13542_Web_decision.pdf- ./McNeil__P_13542_Web_decision.pdf- b. 19 DVDs; ./McNeil__P_13542_Web_decision.pdf- ./McNeil__P_13542_Web_decision.pdf- c. 21 VHS tapes; ./McNeil__P_13542_Web_decision.pdf- ./McNeil__P_13542_Web_decision.pdf- d. over 1,000 images on an Acer computer; ./McNeil__P_13542_Web_decision.pdf- ./McNeil__P_13542_Web_decision.pdf: 5. Your actions in paragraphs 1, 2, 3 and/or 4 above were sexually motivated. ./McNeil__P_13542_Web_decision.pdf- ./McNeil__P_13542_Web_decision.pdf-The facts of the allegations were not admitted. ./McNeil__P_13542_Web_decision.pdf- ./McNeil__P_13542_Web_decision.pdf- ./McNeil__P_13542_Web_decision.pdf-C. Preliminary applications ./McNeil__P_13542_Web_decision.pdf-Amendment of the allegation ./McNeil__P_13542_Web_decision.pdf-The presenting officer made an application to amend the particulars of the allegations at ./McNeil__P_13542_Web_decision.pdf-paragraph 3.c.i. by deleting the words, "Call me. So horny already" and replacing them ./McNeil__P_13542_Web_decision.pdf-with, "One min, cam in other room.". ./McNeil__P_13542_Web_decision.pdf- -- ./McNeil__P_13542_Web_decision.pdf- ./McNeil__P_13542_Web_decision.pdf-On 19 May 2014, the Metropolitan Police executed a search warrant at Mr McNeil's home ./McNeil__P_13542_Web_decision.pdf-address. Upon searching his home, the police seized several DVDs but did not find any ./McNeil__P_13542_Web_decision.pdf-Azov DVDs or any other indecent images of children. As part of the investigation, a ./McNeil__P_13542_Web_decision.pdf-forensic examination of Mr McNeil's computers was undertaken. This included the ./McNeil__P_13542_Web_decision.pdf-internet history. When his Acer laptop was examined, a number of online Skype ./McNeil__P_13542_Web_decision.pdf-conversations were identified. ./McNeil__P_13542_Web_decision.pdf- ./McNeil__P_13542_Web_decision.pdf-In addition to the investigation by the Canadian authorities, there was a separate NCA ./McNeil__P_13542_Web_decision.pdf-investigation in relation to payments made to the Philippines. Mr McNeil was identified as ./McNeil__P_13542_Web_decision.pdf:making two payments to a Filipino suspect believed to orchestrate live on-line child sex ./McNeil__P_13542_Web_decision.pdf-abuse. Mr McNeil was interviewed by the police on 19 May 2014 and again on 9 October ./McNeil__P_13542_Web_decision.pdf-2014. Throughout both interviews, Mr McNeil exercised his right of silence. No criminal ./McNeil__P_13542_Web_decision.pdf-charges were brought against Mr McNeil. ./McNeil__P_13542_Web_decision.pdf- ./McNeil__P_13542_Web_decision.pdf-Findings of fact ./McNeil__P_13542_Web_decision.pdf-Our findings of fact are as follows: ./McNeil__P_13542_Web_decision.pdf- ./McNeil__P_13542_Web_decision.pdf-While employed at Hartley Primary School, Hartley Road, East Ham, London, you: ./McNeil__P_13542_Web_decision.pdf- ./McNeil__P_13542_Web_decision.pdf- 1. Between 25 September 2008 and 14 December 2009, placed up to 6 orders ./McNeil__P_13542_Web_decision.pdf- for a total of up to 13 DVDs, which included: ./McNeil__P_13542_Web_decision.pdf- ./McNeil__P_13542_Web_decision.pdf- a. an indecent image of a child or children, involving (non-penetrative) ./McNeil__P_13542_Web_decision.pdf: sexual activity; ./McNeil__P_13542_Web_decision.pdf- ./McNeil__P_13542_Web_decision.pdf- b. 7 images of a child or children which were inappropriate or indecent; ./McNeil__P_13542_Web_decision.pdf- ./McNeil__P_13542_Web_decision.pdf-The panel has been presented with copies of six orders, which Witness A gave evidence ./McNeil__P_13542_Web_decision.pdf-were provided by Canadian Law Enforcement following an investigation into the ./McNeil__P_13542_Web_decision.pdf-Canadian company, Azov Films. The panel has also heard evidence that the DVDs ./McNeil__P_13542_Web_decision.pdf-referred to in those orders included one that contained a category B indecent image and ./McNeil__P_13542_Web_decision.pdf-seven that contained category C indecent images. The panel noted that Mr McNeil, while ./McNeil__P_13542_Web_decision.pdf-accepting that the orders contained his name, home address, email address and mobile ./McNeil__P_13542_Web_decision.pdf-phone number, denied any knowledge of these orders. However, the panel finds it -- ./McNeil__P_13542_Web_decision.pdf-of probabilities, that Mr McNeil placed up to six orders for the DVD's as outlined in ./McNeil__P_13542_Web_decision.pdf-allegation 1.a. and 1.b. Accordingly, allegations 1.a and 1.b. are proved. ./McNeil__P_13542_Web_decision.pdf- ./McNeil__P_13542_Web_decision.pdf- 2. In January 2012, arranged to transfer money, believing that in return you ./McNeil__P_13542_Web_decision.pdf: would have the opportunity to view sexual activity involving a child or ./McNeil__P_13542_Web_decision.pdf- children via the internet and/or view indecent or inappropriate images of ./McNeil__P_13542_Web_decision.pdf- children; ./McNeil__P_13542_Web_decision.pdf- ./McNeil__P_13542_Web_decision.pdf-The panel has heard evidence that there was an NCA investigation, which was separate ./McNeil__P_13542_Web_decision.pdf-from the Canadian investigation, in relation to payments to the Philippines. Mr McNeil ./McNeil__P_13542_Web_decision.pdf:was identified paying a Filipino suspect believed to orchestrate live on-line child sex ./McNeil__P_13542_Web_decision.pdf-abuse and stream it to people around the world. Mr McNeil accepts that he made ./McNeil__P_13542_Web_decision.pdf-payments to this person in the Philippines using two different credit cards belonging to ./McNeil__P_13542_Web_decision.pdf-him. His explanation for making these payments is that he developed a relationship ./McNeil__P_13542_Web_decision.pdf-through chat forums with this person and that he offered that person money to pay for an ./McNeil__P_13542_Web_decision.pdf-exam and some books. He said that he met the person on a gay chat site. Mr McNeil ./McNeil__P_13542_Web_decision.pdf-also said that the person was studying for an education degree but that he had not asked ./McNeil__P_13542_Web_decision.pdf-or been provided with any proof of enrolment on a course. Mr McNeil stated that he was ./McNeil__P_13542_Web_decision.pdf-no longer in touch with this person so could provide no evidence whatsoever to support ./McNeil__P_13542_Web_decision.pdf-his version of events. ./McNeil__P_13542_Web_decision.pdf- ./McNeil__P_13542_Web_decision.pdf-The panel did not find Mr McNeil to be a credible witness in relation to this allegation and ./McNeil__P_13542_Web_decision.pdf-felt his account of the reasons for his payments was implausible. The panel is satisfied ./McNeil__P_13542_Web_decision.pdf-that it is more likely than not that Mr McNeil transferred money believing that in return he ./McNeil__P_13542_Web_decision.pdf:would have the opportunity to view sexual activity involving a child or children via the ./McNeil__P_13542_Web_decision.pdf-internet and/or to view indecent or inappropriate images of children. Accordingly, ./McNeil__P_13542_Web_decision.pdf-allegation 2 is proved. ./McNeil__P_13542_Web_decision.pdf- ./McNeil__P_13542_Web_decision.pdf- 3. During communications via Skype: ./McNeil__P_13542_Web_decision.pdf- ./McNeil__P_13542_Web_decision.pdf- a. On a date recorded as being 11 June 2013: ./McNeil__P_13542_Web_decision.pdf- ./McNeil__P_13542_Web_decision.pdf- i. pretended to be or played the role of a father, with another Skype ./McNeil__P_13542_Web_decision.pdf- user pretending to be or playing the role of a son; ./McNeil__P_13542_Web_decision.pdf- -- ./McNeil__P_13542_Web_decision.pdf- c. 21 VHS tapes; ./McNeil__P_13542_Web_decision.pdf- ./McNeil__P_13542_Web_decision.pdf- d. over 1,000 images on an Acer computer; ./McNeil__P_13542_Web_decision.pdf- ./McNeil__P_13542_Web_decision.pdf-Mr McNeil did not dispute that he had the items referred to in allegations 4.a, 4.b. and ./McNeil__P_13542_Web_decision.pdf-4.c. in his possession and that the images referred to in 4.d. were on his computer. It is ./McNeil__P_13542_Web_decision.pdf-not alleged that any of these items contained any indecent images. Mr McNeil's position ./McNeil__P_13542_Web_decision.pdf-is that these were photographs taken in the course of ordinary school business. The ./McNeil__P_13542_Web_decision.pdf-panel finds 4.a. to 4.d. proved. ./McNeil__P_13542_Web_decision.pdf- ./McNeil__P_13542_Web_decision.pdf: 5. Your actions in paragraphs 1, 2 and/or 3 above were sexually motivated. ./McNeil__P_13542_Web_decision.pdf- ./McNeil__P_13542_Web_decision.pdf:It was initially also alleged that the actions in allegation 4 were sexually motivated. ./McNeil__P_13542_Web_decision.pdf-However, the presenting officer withdrew this allegation in relation to allegation 4. The ./McNeil__P_13542_Web_decision.pdf-panel is satisfied by Mr McNeil's account that he possessed these items and images for ./McNeil__P_13542_Web_decision.pdf-legitimate reasons, for example, producing copies of school trip videos for parents. ./McNeil__P_13542_Web_decision.pdf- ./McNeil__P_13542_Web_decision.pdf-In relation to allegations 1 and 2, the panel is satisfied, on the balance of probabilities, ./McNeil__P_13542_Web_decision.pdf:that Mr McNeil actions were for the purpose of sexual gratification and, on that basis, ./McNeil__P_13542_Web_decision.pdf:were sexually motivated. ./McNeil__P_13542_Web_decision.pdf- ./McNeil__P_13542_Web_decision.pdf-In relation to allegation 3.b.i, the panel did not find that the alleged dialogue, in itself, was ./McNeil__P_13542_Web_decision.pdf:sexually motivated. ./McNeil__P_13542_Web_decision.pdf- ./McNeil__P_13542_Web_decision.pdf- ./McNeil__P_13542_Web_decision.pdf- ./McNeil__P_13542_Web_decision.pdf- 10 ./McNeil__P_13542_Web_decision.pdf- -- ./McNeil__P_13542_Web_decision.pdf-In relation to allegations 3.a. and 3.c., Mr McNeil admits that his actions were for the ./McNeil__P_13542_Web_decision.pdf:purpose of sexual gratification and, therefore, sexually motivated. The panel is satisfied ./McNeil__P_13542_Web_decision.pdf:that Mr McNeil's actions in 3.a. and 3.c. were sexually motivated. ./McNeil__P_13542_Web_decision.pdf- ./McNeil__P_13542_Web_decision.pdf-Findings as to unacceptable professional conduct and/or conduct that ./McNeil__P_13542_Web_decision.pdf-may bring the profession into disrepute ./McNeil__P_13542_Web_decision.pdf-Having found a number of the allegations to have been proven, the panel has gone on to ./McNeil__P_13542_Web_decision.pdf-consider whether the facts of those proven allegations amount to unacceptable ./McNeil__P_13542_Web_decision.pdf-professional conduct and/or conduct that may bring the profession into disrepute. ./McNeil__P_13542_Web_decision.pdf- ./McNeil__P_13542_Web_decision.pdf-In doing so, the panel has had regard to the document Teacher misconduct: The ./McNeil__P_13542_Web_decision.pdf-prohibition of teachers, which the panel refers to as “the Advice”. ./McNeil__P_13542_Web_decision.pdf- -- ./McNeil__P_13542_Web_decision.pdf- ethics and behaviour, within and outside school, by: ./McNeil__P_13542_Web_decision.pdf- o showing tolerance of and respect for the rights of others; ./McNeil__P_13542_Web_decision.pdf- o not undermining ... individual liberty and mutual respect…; ./McNeil__P_13542_Web_decision.pdf-  Teachers must have an understanding of, and always act within, the statutory ./McNeil__P_13542_Web_decision.pdf- frameworks which set out their professional duties and responsibilities. ./McNeil__P_13542_Web_decision.pdf-The panel has also considered whether Mr McNeil's conduct displayed behaviours ./McNeil__P_13542_Web_decision.pdf-associated with any of the offences listed on pages 8 and 9 of the Advice. ./McNeil__P_13542_Web_decision.pdf- ./McNeil__P_13542_Web_decision.pdf-The panel has found, on the balance of probabilities, that Mr McNeil's actions in ./McNeil__P_13542_Web_decision.pdf-allegations 1 and 2 were with the intention of viewing indecent images of children and/or ./McNeil__P_13542_Web_decision.pdf:viewing sexual activity involving a child. In relation to allegation 3.c., while the panel did ./McNeil__P_13542_Web_decision.pdf-not find that Mr McNeil was engaging with a 15-year-old boy, he did engage in a role-play ./McNeil__P_13542_Web_decision.pdf:fantasy involving sexual activity with a child of that age. Coupled with the panel's findings ./McNeil__P_13542_Web_decision.pdf-in relation to allegations 1 and 2, the panel is concerned that there appears to be a ./McNeil__P_13542_Web_decision.pdf:pattern of behaviour indicating an interest in sexual activity with persons aged under 18. ./McNeil__P_13542_Web_decision.pdf- ./McNeil__P_13542_Web_decision.pdf-The Advice indicates that where behaviours associated with such an offence exist, a ./McNeil__P_13542_Web_decision.pdf-panel is likely to conclude that an individual’s conduct would amount to unacceptable ./McNeil__P_13542_Web_decision.pdf-professional conduct. ./McNeil__P_13542_Web_decision.pdf- ./McNeil__P_13542_Web_decision.pdf-The panel notes that the allegations took place outside of the education setting. ./McNeil__P_13542_Web_decision.pdf-However, as a teacher (indeed a headteacher) the responsibility for safeguarding the ./McNeil__P_13542_Web_decision.pdf-interests and well-being of all children is paramount. His actions were fundamentally ./McNeil__P_13542_Web_decision.pdf-incompatible with this expectation of professionals working with children. ./McNeil__P_13542_Web_decision.pdf- -- ./McNeil__P_13542_Web_decision.pdf-given in order to be punitive, or to show that blame has been apportioned, although they ./McNeil__P_13542_Web_decision.pdf-are likely to have punitive effect. ./McNeil__P_13542_Web_decision.pdf- ./McNeil__P_13542_Web_decision.pdf-The panel has considered the particular public interest considerations set out in the ./McNeil__P_13542_Web_decision.pdf-Advice and having done so has found a number of them to be relevant in this case, ./McNeil__P_13542_Web_decision.pdf-namely: the protection of pupils, the protection of other members of the public, the ./McNeil__P_13542_Web_decision.pdf-maintenance of public confidence in the profession, and declaring and upholding proper ./McNeil__P_13542_Web_decision.pdf-standards of conduct. ./McNeil__P_13542_Web_decision.pdf- ./McNeil__P_13542_Web_decision.pdf-In light of the panel’s findings against Mr McNeil, which involved an intention to view ./McNeil__P_13542_Web_decision.pdf:indecent images of children and viewing sexual activity involving a child, there is a strong ./McNeil__P_13542_Web_decision.pdf-public interest consideration in respect of the protection of pupils. ./McNeil__P_13542_Web_decision.pdf- ./McNeil__P_13542_Web_decision.pdf- ./McNeil__P_13542_Web_decision.pdf- 12 ./McNeil__P_13542_Web_decision.pdf- -- ./McNeil__P_13542_Web_decision.pdf- ./McNeil__P_13542_Web_decision.pdf-In carrying out the balancing exercise the panel has considered the public interest ./McNeil__P_13542_Web_decision.pdf-considerations both in favour of and against prohibition as well as the interests of Mr ./McNeil__P_13542_Web_decision.pdf-McNeil. The panel took further account of the Advice, which suggests that a prohibition ./McNeil__P_13542_Web_decision.pdf-order may be appropriate if certain behaviours of a teacher have been proven. In the list ./McNeil__P_13542_Web_decision.pdf-of such behaviours, those that are relevant in this case are: ./McNeil__P_13542_Web_decision.pdf- ./McNeil__P_13542_Web_decision.pdf-  Serious departure from the personal and professional conduct elements of the ./McNeil__P_13542_Web_decision.pdf- Teachers’ Standards; ./McNeil__P_13542_Web_decision.pdf-  Actions or behaviours that undermine…individual liberty, and mutual respect; ./McNeil__P_13542_Web_decision.pdf:  Sexual misconduct, involving actions that were sexually motivated; ./McNeil__P_13542_Web_decision.pdf-  Any activity involving viewing, taking, making, possessing, distributing or ./McNeil__P_13542_Web_decision.pdf- publishing any indecent photograph or image or pseudo photograph or image of a ./McNeil__P_13542_Web_decision.pdf- child, or permitting such activity, including one-off incidents; ./McNeil__P_13542_Web_decision.pdf-The particulars of the allegations found proved are, in the view of the panel, ./McNeil__P_13542_Web_decision.pdf-fundamentally incompatible with being a teacher. ./McNeil__P_13542_Web_decision.pdf- ./McNeil__P_13542_Web_decision.pdf-Even though there were behaviours that would point to a prohibition order being ./McNeil__P_13542_Web_decision.pdf-appropriate, the panel went on to consider whether or not there were sufficient mitigating ./McNeil__P_13542_Web_decision.pdf-factors to militate against a prohibition order being an appropriate and proportionate ./McNeil__P_13542_Web_decision.pdf-measure to impose, particularly taking into account the nature and severity of the -- ./McNeil__P_13542_Web_decision.pdf-recommendation to the Secretary of State that a prohibition order should be imposed with ./McNeil__P_13542_Web_decision.pdf-immediate effect. ./McNeil__P_13542_Web_decision.pdf- ./McNeil__P_13542_Web_decision.pdf-The panel went on to consider whether or not it would be appropriate to recommend that ./McNeil__P_13542_Web_decision.pdf-a review period of the order should be considered. The panel was mindful that a ./McNeil__P_13542_Web_decision.pdf-prohibition order applies for life, but there may be circumstances that make it appropriate ./McNeil__P_13542_Web_decision.pdf-to allow a teacher to apply to have the prohibition order reviewed after a specified period ./McNeil__P_13542_Web_decision.pdf-of time that may not be less than 2 years. ./McNeil__P_13542_Web_decision.pdf- ./McNeil__P_13542_Web_decision.pdf-The Advice indicates that there are behaviours that, if proven, would militate against a ./McNeil__P_13542_Web_decision.pdf:review period being recommended. These behaviours include serious sexual misconduct ./McNeil__P_13542_Web_decision.pdf-and activity connected with the viewing, taking, making, possessing, distributing or ./McNeil__P_13542_Web_decision.pdf-publishing of any indecent photograph or image or pseudo photograph or image of a ./McNeil__P_13542_Web_decision.pdf-child. ./McNeil__P_13542_Web_decision.pdf- ./McNeil__P_13542_Web_decision.pdf-Mr McNeil has demonstrated limited insight into the consequences of his actions. ./McNeil__P_13542_Web_decision.pdf- ./McNeil__P_13542_Web_decision.pdf-The panel felt the findings indicated a situation in which a review period would not be ./McNeil__P_13542_Web_decision.pdf-appropriate and as such decided that it would be proportionate in all the circumstances ./McNeil__P_13542_Web_decision.pdf-for the prohibition order to be recommended without provision for a review period. ./McNeil__P_13542_Web_decision.pdf- -- ./McNeil__P_13542_Web_decision.pdf-  Teachers must have an understanding of, and always act within, the statutory ./McNeil__P_13542_Web_decision.pdf- frameworks which set out their professional duties and responsibilities. ./McNeil__P_13542_Web_decision.pdf-The panel has also considered whether Mr McNeil's conduct displayed behaviours ./McNeil__P_13542_Web_decision.pdf-associated with any of the offences listed on pages 8 and 9 of the Advice. ./McNeil__P_13542_Web_decision.pdf- ./McNeil__P_13542_Web_decision.pdf-The panel has found, on the balance of probabilities, that Mr McNeil's actions in ./McNeil__P_13542_Web_decision.pdf-allegations 1 and 2 were with the intention of viewing indecent images of children and/or ./McNeil__P_13542_Web_decision.pdf:viewing sexual activity involving a child. In relation to allegation 3.c., while the panel did ./McNeil__P_13542_Web_decision.pdf-not find that Mr McNeil was engaging with a 15-year-old boy, he did engage in a role-play ./McNeil__P_13542_Web_decision.pdf:fantasy involving sexual activity with a child of that age. Coupled with the panel's findings ./McNeil__P_13542_Web_decision.pdf-in relation to allegations 1 and 2, the panel is concerned that there appears to be a ./McNeil__P_13542_Web_decision.pdf:pattern of behaviour indicating an interest in sexual activity with persons aged under 18. ./McNeil__P_13542_Web_decision.pdf- ./McNeil__P_13542_Web_decision.pdf-The Advice indicates that where behaviours associated with such an offence exist, a ./McNeil__P_13542_Web_decision.pdf-panel is likely to conclude that an individual’s conduct would amount to unacceptable ./McNeil__P_13542_Web_decision.pdf-professional conduct. ./McNeil__P_13542_Web_decision.pdf- ./McNeil__P_13542_Web_decision.pdf-I have also noted that the panel took into account that the allegations took place outside ./McNeil__P_13542_Web_decision.pdf-of the education setting. The panel explain that the responsibility for safeguarding the ./McNeil__P_13542_Web_decision.pdf-interests and well-being of all children is paramount. The panel found Mr McNeil’s actions ./McNeil__P_13542_Web_decision.pdf-were fundamentally incompatible with this expectation of professionals working with ./McNeil__P_13542_Web_decision.pdf-children. -- ./McNeil__P_13542_Web_decision.pdf-I have also been clear that the panel is not satisfied that the actions found proved in ./McNeil__P_13542_Web_decision.pdf-allegation 3.b. or 4 amount to unacceptable professional conduct. ./McNeil__P_13542_Web_decision.pdf- ./McNeil__P_13542_Web_decision.pdf-I have taken into account the advice published by the Secretary of State which suggests ./McNeil__P_13542_Web_decision.pdf-that a prohibition order may be appropriate if certain behaviours of a teacher have been ./McNeil__P_13542_Web_decision.pdf-proven. In the list of such behaviours, those that are relevant in this case are: ./McNeil__P_13542_Web_decision.pdf- ./McNeil__P_13542_Web_decision.pdf-  Serious departure from the personal and professional conduct elements of the ./McNeil__P_13542_Web_decision.pdf- Teachers’ Standards; ./McNeil__P_13542_Web_decision.pdf-  Actions or behaviours that undermine…individual liberty, and mutual respect; ./McNeil__P_13542_Web_decision.pdf:  Sexual misconduct, involving actions that were sexually motivated; ./McNeil__P_13542_Web_decision.pdf-  Any activity involving viewing, taking, making, possessing, distributing or ./McNeil__P_13542_Web_decision.pdf- publishing any indecent photograph or image or pseudo photograph or image of a ./McNeil__P_13542_Web_decision.pdf- child, or permitting such activity, including one-off incidents; ./McNeil__P_13542_Web_decision.pdf-The particulars of the allegations found proved are, in the view of the panel, and in my ./McNeil__P_13542_Web_decision.pdf-view, fundamentally incompatible with being a teacher. ./McNeil__P_13542_Web_decision.pdf- ./McNeil__P_13542_Web_decision.pdf- ./McNeil__P_13542_Web_decision.pdf- ./McNeil__P_13542_Web_decision.pdf- 15 ./McNeil__P_13542_Web_decision.pdf- -- ./McNeil__P_13542_Web_decision.pdf- ./McNeil__P_13542_Web_decision.pdf-I have gone on to consider the matter of a review period. I have observed that the panel ./McNeil__P_13542_Web_decision.pdf-noted that Mr McNeil has a previously good record, as demonstrated by the nine positive ./McNeil__P_13542_Web_decision.pdf-character references provided from a range of people that Mr McNeil has worked with ./McNeil__P_13542_Web_decision.pdf-and the absence of any previous disciplinary proceedings against him. ./McNeil__P_13542_Web_decision.pdf- ./McNeil__P_13542_Web_decision.pdf-However, the panel has found that his actions were deliberate and there was no ./McNeil__P_13542_Web_decision.pdf-evidence to suggest that he was acting under duress. ./McNeil__P_13542_Web_decision.pdf- ./McNeil__P_13542_Web_decision.pdf-The Advice indicates that there are behaviours that, if proven, would militate against a ./McNeil__P_13542_Web_decision.pdf:review period. These behaviours include serious sexual misconduct and activity ./McNeil__P_13542_Web_decision.pdf-connected with the viewing, taking, making, possessing, distributing or publishing of any ./McNeil__P_13542_Web_decision.pdf-indecent photograph or image or pseudo photograph or image of a child. ./McNeil__P_13542_Web_decision.pdf- ./McNeil__P_13542_Web_decision.pdf-The panel has also commented that Mr McNeil has demonstrated limited insight into the ./McNeil__P_13542_Web_decision.pdf-consequences of his actions. ./McNeil__P_13542_Web_decision.pdf- ./McNeil__P_13542_Web_decision.pdf-I therefore consider that it is proportionate and in the public interest to accept he ./McNeil__P_13542_Web_decision.pdf-recommendation of the panel that there be no review period. ./McNeil__P_13542_Web_decision.pdf- ./McNeil__P_13542_Web_decision.pdf-This means that Mr Paul McNeil is prohibited from teaching indefinitely and cannot ./McTier__D_Oct_17.pdf:This is a case involving offences related to sexual activity, which the Advice states is ./McTier__D_Oct_17.pdf-likely to be considered a relevant offence. ./McTier__D_Oct_17.pdf- ./McTier__D_Oct_17.pdf-The panel has taken into account that Mr McTier pleaded guilty to the offences. The ./McTier__D_Oct_17.pdf-panel has also noted the sentencing remarks made by the sentencing judge on 11 ./McTier__D_Oct_17.pdf-November 2014, notably that “this was not the most serious of incidents” and that the ./McTier__D_Oct_17.pdf-commission of the offences took place a long time ago. ./McTier__D_Oct_17.pdf- ./McTier__D_Oct_17.pdf-Nevertheless the panel has found the seriousness of the offending behaviour that led to ./McTier__D_Oct_17.pdf-the convictions is relevant to Mr McTier’s ongoing suitability to teach. The panel ./McTier__D_Oct_17.pdf-considers that a finding that these convictions are relevant offences is necessary to -- ./McTier__D_Oct_17.pdf-McTier. The panel took further account of the Advice, which suggests that a prohibition ./McTier__D_Oct_17.pdf-order may be appropriate if certain behaviours of a teacher have been proven. In the list ./McTier__D_Oct_17.pdf-of such behaviours, those that are relevant in this case are: ./McTier__D_Oct_17.pdf- ./McTier__D_Oct_17.pdf-  serious departure from the personal and professional conduct elements of the ./McTier__D_Oct_17.pdf- Teachers’ Standards; ./McTier__D_Oct_17.pdf-  misconduct seriously affecting the education and/or well-being of pupils, and ./McTier__D_Oct_17.pdf- particularly where there is a continuing risk; ./McTier__D_Oct_17.pdf-  abuse of position or trust (particularly involving vulnerable pupils) or violation of the ./McTier__D_Oct_17.pdf- rights of pupils; ./McTier__D_Oct_17.pdf:  sexual misconduct, e.g. involving actions that were sexually motivated or of a ./McTier__D_Oct_17.pdf: sexual nature and/or that use or exploit the trust, knowledge or influence derived ./McTier__D_Oct_17.pdf- from the individual’s professional position; ./McTier__D_Oct_17.pdf-  the commission of a serious criminal offence, including those that resulted in a ./McTier__D_Oct_17.pdf- conviction or caution, paying particular attention to offences that are ‘relevant ./McTier__D_Oct_17.pdf- matters’ for the purposes of The Police Act 1997 and criminal record disclosures. ./McTier__D_Oct_17.pdf- ./McTier__D_Oct_17.pdf- ./McTier__D_Oct_17.pdf-Although there were behaviours that may point to a prohibition order being appropriate, ./McTier__D_Oct_17.pdf-the panel went on to consider whether or not there were sufficient mitigating factors to ./McTier__D_Oct_17.pdf-militate against a prohibition order being an appropriate and proportionate measure to ./McTier__D_Oct_17.pdf-impose, particularly taking into account the nature and severity of the behaviour in this -- ./McTier__D_Oct_17.pdf-genuinely feel it would be of no benefit, indeed would deprive students of a great teacher, ./McTier__D_Oct_17.pdf-if he were to pay a further price for his misdemeanours”. The panel find the testimonials ./McTier__D_Oct_17.pdf-to be convincing and persuasive, and whilst predominantly from fellow musicians, the ./McTier__D_Oct_17.pdf-panel consider them to be representative of how the admitted misconduct of Mr McTier ./McTier__D_Oct_17.pdf-might be viewed by members of the public. ./McTier__D_Oct_17.pdf- ./McTier__D_Oct_17.pdf-The panel has taken note of the remarks made by the sentencing judge. Although the ./McTier__D_Oct_17.pdf:offences were sexual misconduct offences, the judge commented that “this was not the ./McTier__D_Oct_17.pdf-most serious of incidents”. The panel has also taken account of the fact that Mr McTier ./McTier__D_Oct_17.pdf-pleaded guilty to the offences and he admitted the allegations in this case. In so doing he ./McTier__D_Oct_17.pdf-has demonstrated an element of remorse. The sentencing judge also noted that Mr ./McTier__D_Oct_17.pdf-McTier was “clearly remorseful”. ./McTier__D_Oct_17.pdf- ./McTier__D_Oct_17.pdf-In light of all the circumstances of this particular case, the panel does not consider that ./McTier__D_Oct_17.pdf-prohibition is a proportionate and appropriate response. The panel is mindful that its ./McTier__D_Oct_17.pdf-decision should not be punitive. Mr McTier has been convicted of his offences, has lost ./McTier__D_Oct_17.pdf:his good character as a result and remains on the sex offenders register until 2021. The ./McTier__D_Oct_17.pdf-panel has also carefully considered the following factors: the nature and severity of the ./McTier__D_Oct_17.pdf-behaviour which is at the less serious end of the spectrum – there is no suggestion that ./McTier__D_Oct_17.pdf:Mr McTier ever sexually assaulted any children or made any inappropriate advances ./McTier__D_Oct_17.pdf-towards girls under the age of 17; the offences were committed several decades ago and ./McTier__D_Oct_17.pdf-there has been no evidence of repetition; there is no suggestion of continuing risk. ./McTier__D_Oct_17.pdf-Balancing the public interest considerations both for and against prohibition and the ./McTier__D_Oct_17.pdf-interests of Mr McTier, the panel has determined that it would be disproportionate to ./McTier__D_Oct_17.pdf-prohibit Mr McTier and therefore makes a recommendation that no prohibition order be ./McTier__D_Oct_17.pdf-imposed. ./McTier__D_Oct_17.pdf- ./McTier__D_Oct_17.pdf- ./McTier__D_Oct_17.pdf-Decision and reasons on behalf of the Secretary of State ./McTier__D_Oct_17.pdf-I have had this matter passed to me to make a fresh decision in the light of the judgment -- ./McTier__D_Oct_17.pdf- ./McTier__D_Oct_17.pdf-  serious departure from the personal and professional conduct elements of the ./McTier__D_Oct_17.pdf- Teachers’ Standards; ./McTier__D_Oct_17.pdf- ./McTier__D_Oct_17.pdf-  misconduct seriously affecting the education and/or well-being of pupils, and ./McTier__D_Oct_17.pdf- particularly where there is a continuing risk; ./McTier__D_Oct_17.pdf- ./McTier__D_Oct_17.pdf-  abuse of position or trust (particularly involving vulnerable pupils) or violation of the ./McTier__D_Oct_17.pdf- rights of pupils; ./McTier__D_Oct_17.pdf- ./McTier__D_Oct_17.pdf:  sexual misconduct, e.g. involving actions that were sexually motivated or of a ./McTier__D_Oct_17.pdf: sexual nature and/or that use or exploit the trust, knowledge or influence derived ./McTier__D_Oct_17.pdf- from the individual’s professional position; ./McTier__D_Oct_17.pdf- ./McTier__D_Oct_17.pdf-  the commission of a serious criminal offence, including those that resulted in a ./McTier__D_Oct_17.pdf- conviction or caution, paying particular attention to offences that are ‘relevant ./McTier__D_Oct_17.pdf- matters’ for the purposes of The Police Act 1997 and criminal record disclosures. ./McTier__D_Oct_17.pdf- ./McTier__D_Oct_17.pdf-The panel has found that Mr McTier’s actions in committing the offences were deliberate ./McTier__D_Oct_17.pdf-and that he was not acting under duress. However, the panel also made clear that ./McTier__D_Oct_17.pdf- ./McTier__D_Oct_17.pdf- 12 -- ./McTier__D_Oct_17.pdf-It is important, at this stage in setting out my decision, that I am clear that I have ./McTier__D_Oct_17.pdf-understood the reference to the term “pupils” when used by the panel in this case. I am ./McTier__D_Oct_17.pdf-clear about the underlying agreed facts in this case: that student A was 22 when ./McTier__D_Oct_17.pdf-indecently assaulted in 1998, student B was aged 21 when indecently assaulted in 1994, ./McTier__D_Oct_17.pdf-and so neither were “pupils” as defined within the meaning of the relevant legislation. ./McTier__D_Oct_17.pdf-Student C was 17 and Mr McTier was found guilty of one charge of attempting indecently ./McTier__D_Oct_17.pdf-to assault her in 1985. However, it is not necessary for an offence to be committed ./McTier__D_Oct_17.pdf-against a pupil for it to be “relevant”. ./McTier__D_Oct_17.pdf- ./McTier__D_Oct_17.pdf-It is also important that I set out that I understand that the fact that Mr McTier’s name will ./McTier__D_Oct_17.pdf:remain on the sex offenders’ register until 2021 is an automatic consequence of the ./McTier__D_Oct_17.pdf-convictions, prescribed by statute, and runs from the date of the convictions rather than ./McTier__D_Oct_17.pdf-the date of the offences. It is not of itself determinative of the seriousness of the offences. ./McTier__D_Oct_17.pdf-I do not therefore consider that the fact that Mr McTier’s name will continue to appear on ./McTier__D_Oct_17.pdf-the register for some years has any relevance to my decision. ./McTier__D_Oct_17.pdf- ./McTier__D_Oct_17.pdf-I have to determine whether the imposition of a prohibition order is proportionate and in ./McTier__D_Oct_17.pdf-the public interest. In considering that for this case I have considered the overall aim of a ./McTier__D_Oct_17.pdf-prohibition order which is twofold, to protect pupils and to maintain public confidence in ./McTier__D_Oct_17.pdf-the profession. ./McTier__D_Oct_17.pdf- -- ./McTier__D_Oct_17.pdf-or not prohibiting Mr McTier, and the impact that will have on him personally, is ./McTier__D_Oct_17.pdf-proportionate. ./McTier__D_Oct_17.pdf- ./McTier__D_Oct_17.pdf-In this case therefore I have first considered the extent to which a prohibition order would ./McTier__D_Oct_17.pdf-protect children. The panel has observed that it “has seen no evidence to suggest that ./McTier__D_Oct_17.pdf-any similar concerns or incidents have occurred since that date or to suggest that Mr ./McTier__D_Oct_17.pdf-McTier poses a continuing risk. The panel notes the remark from the sentencing judge in ./McTier__D_Oct_17.pdf-2014 referred to above that Mr McTier poses no risk for the future.” ./McTier__D_Oct_17.pdf- ./McTier__D_Oct_17.pdf-A prohibition order is not necessary to achieve, in this case, the aim of prevention of the ./McTier__D_Oct_17.pdf:risk of further sexual assault. I have also noted the fact that the sentencing judge ./McTier__D_Oct_17.pdf- ./McTier__D_Oct_17.pdf- 13 ./McTier__D_Oct_17.pdf- -- ./McTier__D_Oct_17.pdf-The Advice published by the Secretary of State states that a prohibition order is likely to ./McTier__D_Oct_17.pdf-be appropriate when the behaviour of the person concerned has been fundamentally ./McTier__D_Oct_17.pdf-incompatible with being a teacher. ./McTier__D_Oct_17.pdf- ./McTier__D_Oct_17.pdf-I consider that the public has a high expectation of professional standards of all teachers ./McTier__D_Oct_17.pdf-and that failure to impose a prohibition order might be regarded by the public as a failure ./McTier__D_Oct_17.pdf-to uphold those high standards. In weighing these considerations, I have had to consider ./McTier__D_Oct_17.pdf-the matter from the point of view of an “ordinary intelligent and well-informed citizen.” ./McTier__D_Oct_17.pdf- ./McTier__D_Oct_17.pdf-I have noted that the trial judge considered “this was not the most serious of incidents”. ./McTier__D_Oct_17.pdf:That comment was made in the context of sexual offences, not in the context of teacher ./McTier__D_Oct_17.pdf-misconduct. The sentence given by the judge was nonetheless a custodial one, albeit ./McTier__D_Oct_17.pdf-suspended. ./McTier__D_Oct_17.pdf- ./McTier__D_Oct_17.pdf-The Advice also refers to actions “contrary to the standards of personal and professional ./McTier__D_Oct_17.pdf-conduct expected of a teacher”, and “likely to affect public confidence in the teaching ./McTier__D_Oct_17.pdf-profession if the teacher were allowed to continue teaching”. ./McTier__D_Oct_17.pdf- ./McTier__D_Oct_17.pdf-The Advice identifies behaviours that are considered to be incompatible with being a ./McTier__D_Oct_17.pdf:teacher, which include “actions that were sexually motivated or of a sexual nature and / ./McTier__D_Oct_17.pdf-or that use or exploit the trust, knowledge or influence derived from the individual’s ./McTier__D_Oct_17.pdf-professional position”. ./McTier__D_Oct_17.pdf- ./McTier__D_Oct_17.pdf-The panel states “Mr McTier’s actions were relevant to teaching and working in an ./McTier__D_Oct_17.pdf-education setting as the convictions all related to indecent assault or an attempted ./McTier__D_Oct_17.pdf-indecent assault against those who were being taught music by Mr McTier at the time of ./McTier__D_Oct_17.pdf-the assaults or attempted assault. However, the panel noted that the convictions all ./McTier__D_Oct_17.pdf-related to women aged 17 and over.” ./McTier__D_Oct_17.pdf- ./McTier__D_Oct_17.pdf-These are all reasons why a prohibition order is likely to be necessary to achieve the -- ./McTier__D_Oct_17.pdf-seriousness to merit a suspended custodial sentence. The behaviours, whenever they ./McTier__D_Oct_17.pdf-were committed, are significantly outside of those acceptable to the teaching profession. ./McTier__D_Oct_17.pdf- ./McTier__D_Oct_17.pdf-I recognise that Mr McTier is a world-renowned music teacher. I do not consider that his ./McTier__D_Oct_17.pdf-personal reputation should stand above the wider reputation of the teaching profession. ./McTier__D_Oct_17.pdf-The offences of which he was convicted have the potential to bring the reputation of the ./McTier__D_Oct_17.pdf-profession into serious disrepute. I do not consider that the panel has given that sufficient ./McTier__D_Oct_17.pdf-weight in this case. ./McTier__D_Oct_17.pdf- ./McTier__D_Oct_17.pdf-I have taken account of the testimonials provided on behalf of Mr McTier but have placed ./McTier__D_Oct_17.pdf:less weight on those than I have on the sexual behaviours that led to the convictions. ./McTier__D_Oct_17.pdf- ./McTier__D_Oct_17.pdf-On balance, I believe that the reputation of the profession is more important than the ./McTier__D_Oct_17.pdf-impact of a prohibition order on Mr McTier. In my view this is especially the case when ./McTier__D_Oct_17.pdf:the behaviours involved sexual assault or attempted assault, on three separate ./McTier__D_Oct_17.pdf-occasions, even though those were some years ago and recognising that Mr McTier ./McTier__D_Oct_17.pdf-already has the impact of a conviction for them. ./McTier__D_Oct_17.pdf- ./McTier__D_Oct_17.pdf- ./McTier__D_Oct_17.pdf- ./McTier__D_Oct_17.pdf- 15 ./McTier__D_Oct_17.pdf- -- ./McTier__D_Oct_17.pdf- ./McTier__D_Oct_17.pdf-I have therefore referred to the Secretary of State’s Advice on these matters in order to ./McTier__D_Oct_17.pdf-consider whether in this case any review period or a review period of longer than the ./McTier__D_Oct_17.pdf-minimum two-year review period is appropriate. ./McTier__D_Oct_17.pdf- ./McTier__D_Oct_17.pdf-The Advice as published by the Secretary of State says that “a panel should consider ./McTier__D_Oct_17.pdf-recommending to the Secretary of State that a prohibition order is imposed with no ./McTier__D_Oct_17.pdf-provision for the teacher to apply for it to be set aside after any period of time where the ./McTier__D_Oct_17.pdf-case involved or permitted any of the following: ./McTier__D_Oct_17.pdf- ./McTier__D_Oct_17.pdf: “Serious sexual misconduct e.g. where the act was sexually motivated and ./McTier__D_Oct_17.pdf-resulted in, or had the potential to result in, harm to a person or persons, particularly ./McTier__D_Oct_17.pdf-where the individual has used their professional position to influence or exploit a person ./McTier__D_Oct_17.pdf-or persons”. ./McTier__D_Oct_17.pdf- ./McTier__D_Oct_17.pdf-Mr McTier’s behaviour clearly falls into this category. Even taking into account the age of ./McTier__D_Oct_17.pdf-two of his victims, Mr McTier used his professional position to influence or exploit a ./McTier__D_Oct_17.pdf-person or persons. ./McTier__D_Oct_17.pdf- ./McTier__D_Oct_17.pdf-In my judgement, taking all the relevant factors into account, a prohibition order with no ./McTier__D_Oct_17.pdf-provision for review is in the public interest and is proportionate. -- ./McTier__D_Oct_17.pdf:This is a case involving offences related to sexual activity, which the Advice states is ./McTier__D_Oct_17.pdf-likely to be considered a relevant offence. ./McTier__D_Oct_17.pdf- ./McTier__D_Oct_17.pdf-The panel has taken into account that Mr McTier pleaded guilty to the offences. The ./McTier__D_Oct_17.pdf-panel has also noted the sentencing remarks made by the sentencing judge on 11 ./McTier__D_Oct_17.pdf-November 2014, notably that “this was not the most serious of incidents” and that the ./McTier__D_Oct_17.pdf-commission of the offences took place a long time ago. ./McTier__D_Oct_17.pdf- ./McTier__D_Oct_17.pdf-Nevertheless the panel has found the seriousness of the offending behaviour that led to ./McTier__D_Oct_17.pdf-the convictions is relevant to Mr McTier’s ongoing suitability to teach. The panel ./McTier__D_Oct_17.pdf-considers that a finding that these convictions are relevant offences is necessary to -- ./McTier__D_Oct_17.pdf-McTier. The panel took further account of the Advice, which suggests that a prohibition ./McTier__D_Oct_17.pdf-order may be appropriate if certain behaviours of a teacher have been proven. In the list ./McTier__D_Oct_17.pdf-of such behaviours, those that are relevant in this case are: ./McTier__D_Oct_17.pdf- ./McTier__D_Oct_17.pdf-  serious departure from the personal and professional conduct elements of the ./McTier__D_Oct_17.pdf- Teachers’ Standards; ./McTier__D_Oct_17.pdf-  misconduct seriously affecting the education and/or well-being of pupils, and ./McTier__D_Oct_17.pdf- particularly where there is a continuing risk; ./McTier__D_Oct_17.pdf-  abuse of position or trust (particularly involving vulnerable pupils) or violation of the ./McTier__D_Oct_17.pdf- rights of pupils; ./McTier__D_Oct_17.pdf:  sexual misconduct, e.g. involving actions that were sexually motivated or of a ./McTier__D_Oct_17.pdf: sexual nature and/or that use or exploit the trust, knowledge or influence derived ./McTier__D_Oct_17.pdf- from the individual’s professional position; ./McTier__D_Oct_17.pdf-  the commission of a serious criminal offence, including those that resulted in a ./McTier__D_Oct_17.pdf- conviction or caution, paying particular attention to offences that are ‘relevant ./McTier__D_Oct_17.pdf- matters’ for the purposes of The Police Act 1997 and criminal record disclosures. ./McTier__D_Oct_17.pdf- ./McTier__D_Oct_17.pdf- ./McTier__D_Oct_17.pdf-Although there were behaviours that may point to a prohibition order being appropriate, ./McTier__D_Oct_17.pdf-the panel went on to consider whether or not there were sufficient mitigating factors to ./McTier__D_Oct_17.pdf-militate against a prohibition order being an appropriate and proportionate measure to ./McTier__D_Oct_17.pdf-impose, particularly taking into account the nature and severity of the behaviour in this -- ./McTier__D_Oct_17.pdf-genuinely feel it would be of no benefit, indeed would deprive students of a great teacher, ./McTier__D_Oct_17.pdf-if he were to pay a further price for his misdemeanours”. The panel find the testimonials ./McTier__D_Oct_17.pdf-to be convincing and persuasive, and whilst predominantly from fellow musicians, the ./McTier__D_Oct_17.pdf-panel consider them to be representative of how the admitted misconduct of Mr McTier ./McTier__D_Oct_17.pdf-might be viewed by members of the public. ./McTier__D_Oct_17.pdf- ./McTier__D_Oct_17.pdf-The panel has taken note of the remarks made by the sentencing judge. Although the ./McTier__D_Oct_17.pdf:offences were sexual misconduct offences, the judge commented that “this was not the ./McTier__D_Oct_17.pdf-most serious of incidents”. The panel has also taken account of the fact that Mr McTier ./McTier__D_Oct_17.pdf-pleaded guilty to the offences and he admitted the allegations in this case. In so doing he ./McTier__D_Oct_17.pdf-has demonstrated an element of remorse. The sentencing judge also noted that Mr ./McTier__D_Oct_17.pdf-McTier was “clearly remorseful”. ./McTier__D_Oct_17.pdf- ./McTier__D_Oct_17.pdf-In light of all the circumstances of this particular case, the panel does not consider that ./McTier__D_Oct_17.pdf-prohibition is a proportionate and appropriate response. The panel is mindful that its ./McTier__D_Oct_17.pdf-decision should not be punitive. Mr McTier has been convicted of his offences, has lost ./McTier__D_Oct_17.pdf:his good character as a result and remains on the sex offenders register until 2021. The ./McTier__D_Oct_17.pdf-panel has also carefully considered the following factors: the nature and severity of the ./McTier__D_Oct_17.pdf-behaviour which is at the less serious end of the spectrum – there is no suggestion that ./McTier__D_Oct_17.pdf:Mr McTier ever sexually assaulted any children or made any inappropriate advances ./McTier__D_Oct_17.pdf-towards girls under the age of 17; the offences were committed several decades ago and ./McTier__D_Oct_17.pdf-there has been no evidence of repetition; there is no suggestion of continuing risk. ./McTier__D_Oct_17.pdf-Balancing the public interest considerations both for and against prohibition and the ./McTier__D_Oct_17.pdf-interests of Mr McTier, the panel has determined that it would be disproportionate to ./McTier__D_Oct_17.pdf-prohibit Mr McTier and therefore makes a recommendation that no prohibition order be ./McTier__D_Oct_17.pdf-imposed. ./McTier__D_Oct_17.pdf- ./McTier__D_Oct_17.pdf- ./McTier__D_Oct_17.pdf-Decision and reasons on behalf of the Secretary of State ./McTier__D_Oct_17.pdf-I have given very careful consideration to this case and to the recommendation of the -- ./McTier__D_Oct_17.pdf-The panel has taken further account of the Advice, which suggests that a prohibition ./McTier__D_Oct_17.pdf-order may be appropriate if certain behaviours of a teacher have been proven. In the list ./McTier__D_Oct_17.pdf-of such behaviours, those that are relevant in this case are: ./McTier__D_Oct_17.pdf- ./McTier__D_Oct_17.pdf-  serious departure from the personal and professional conduct elements of the ./McTier__D_Oct_17.pdf- Teachers’ Standards; ./McTier__D_Oct_17.pdf-  misconduct seriously affecting the education and/or well-being of pupils, and ./McTier__D_Oct_17.pdf- particularly where there is a continuing risk; ./McTier__D_Oct_17.pdf-  abuse of position or trust (particularly involving vulnerable pupils) or violation of the ./McTier__D_Oct_17.pdf- rights of pupils; ./McTier__D_Oct_17.pdf:  sexual misconduct, e.g. involving actions that were sexually motivated or of a ./McTier__D_Oct_17.pdf: sexual nature and/or that use or exploit the trust, knowledge or influence derived ./McTier__D_Oct_17.pdf- from the individual’s professional position; ./McTier__D_Oct_17.pdf-  the commission of a serious criminal offence, including those that resulted in a ./McTier__D_Oct_17.pdf- conviction or caution, paying particular attention to offences that are ‘relevant ./McTier__D_Oct_17.pdf- matters’ for the purposes of The Police Act 1997 and criminal record disclosures. ./McTier__D_Oct_17.pdf-I have also taken into account the need to balance the public interest with the interests of ./McTier__D_Oct_17.pdf-the individual teacher, Mr McTier. I have also taken into account the need to be ./McTier__D_Oct_17.pdf-proportionate. I have also given very careful consideration to the need to maintain public ./McTier__D_Oct_17.pdf-confidence in the profession. ./McTier__D_Oct_17.pdf- ./McTier__D_Oct_17.pdf-I have given careful consideration to the recommendation of the panel, noting their ./Meier__Annette_-_Web_Decision.pdf-was away from School. Mrs Meier confirmed that the concern had been reported to her ./Meier__Annette_-_Web_Decision.pdf-but, due to not having the correct access, was unable to review any previous concerns ./Meier__Annette_-_Web_Decision.pdf-regarding the pupil. She instead discussed the concern with senior staff in the secondary ./Meier__Annette_-_Web_Decision.pdf-department who did know the pupil and was reassured that no referral was necessary. ./Meier__Annette_-_Web_Decision.pdf- ./Meier__Annette_-_Web_Decision.pdf-Despite the admission, considering some action was taken by Mrs Meier, the panel did ./Meier__Annette_-_Web_Decision.pdf-not find this allegation proved. ./Meier__Annette_-_Web_Decision.pdf- ./Meier__Annette_-_Web_Decision.pdf-Pupil I ./Meier__Annette_-_Web_Decision.pdf- ./Meier__Annette_-_Web_Decision.pdf:Mrs Meier accepted this allegation, which involved possible sexualised behaviour by a 6 ./Meier__Annette_-_Web_Decision.pdf:year old pupil who had previously suffered sexual abuse. ./Meier__Annette_-_Web_Decision.pdf- ./Meier__Annette_-_Web_Decision.pdf-Mrs Meier was aware of these concerns from March to May 2015 and consulted with ./Meier__Annette_-_Web_Decision.pdf-colleagues. Mrs Meier determined that the behaviour was historic in nature and did not ./Meier__Annette_-_Web_Decision.pdf-amount to current safeguarding concerns. She was also aware that, for separate ./Meier__Annette_-_Web_Decision.pdf-reasons, social services were involved and she was suitably reassured by this. ./Meier__Annette_-_Web_Decision.pdf- ./Meier__Annette_-_Web_Decision.pdf-Whilst the panel had concerns on Mrs Meier's reasoning for her actions, the panel does ./Meier__Annette_-_Web_Decision.pdf-accept that some action was taken in consulting colleagues and therefore finds this ./Meier__Annette_-_Web_Decision.pdf-allegation not proved. ./Meier__Annette_-_Web_Decision.pdf- -- ./Meier__Annette_-_Web_Decision.pdf-becoming aware but was not. As a result, the panel finds this allegation in respect of ./Meier__Annette_-_Web_Decision.pdf-Pupil A proved. ./Meier__Annette_-_Web_Decision.pdf- ./Meier__Annette_-_Web_Decision.pdf-Pupil C ./Meier__Annette_-_Web_Decision.pdf- ./Meier__Annette_-_Web_Decision.pdf-The concerns in respect of this five-year old pupil were taken from the School's ./Meier__Annette_-_Web_Decision.pdf-Safeguarding Record (page 383), in relation to the pupil pushing his groin into a member ./Meier__Annette_-_Web_Decision.pdf-of staff and saying "Rosie I'm riding you". The record also stated that on 2 June 2015, ./Meier__Annette_-_Web_Decision.pdf-Pupil C's class teacher called the pupil's parents who themselves reported, during the ./Meier__Annette_-_Web_Decision.pdf:call, that there had been previous incidents of sexualised behaviour from their son. The ./Meier__Annette_-_Web_Decision.pdf-class teacher was stated to have explained to the parents what action they should take ./Meier__Annette_-_Web_Decision.pdf-should the behaviour reoccur. ./Meier__Annette_-_Web_Decision.pdf- ./Meier__Annette_-_Web_Decision.pdf-Witness C gave evidence and confirmed that this concern had not been referred on to ./Meier__Annette_-_Web_Decision.pdf-another agency or organisation. ./Meier__Annette_-_Web_Decision.pdf- ./Meier__Annette_-_Web_Decision.pdf-Witness B stated that, although an investigation by social services may not lead to any ./Meier__Annette_-_Web_Decision.pdf-further action, this concern was sufficiently serious to have been reported and therefore ./Meier__Annette_-_Web_Decision.pdf-an investigation should have taken place. ./Meier__Annette_-_Web_Decision.pdf- ./Meier__Annette_-_Web_Decision.pdf-In evidence, Mrs Meier explained that she had taken action when informed of the ./Meier__Annette_-_Web_Decision.pdf-concern by the class-teacher and had been reassured by the actions taken. Mrs Meier ./Meier__Annette_-_Web_Decision.pdf-stated that Pupil C was autistic and this type of behaviour was typical for autistic boys of ./Meier__Annette_-_Web_Decision.pdf-his age and did not, therefore, amount to a safeguarding matter that required sharing with ./Meier__Annette_-_Web_Decision.pdf-outside agencies. ./Meier__Annette_-_Web_Decision.pdf- ./Meier__Annette_-_Web_Decision.pdf-Mrs Meier was further reassured in a meeting with Pupil C's parents in the week after the ./Meier__Annette_-_Web_Decision.pdf-incident that any concern was being addressed through cooperation with his parents and ./Meier__Annette_-_Web_Decision.pdf-the School. ./Meier__Annette_-_Web_Decision.pdf- ./Meier__Annette_-_Web_Decision.pdf:In the panel's view, a young child displaying sexualised behaviour must be regarded as a ./Meier__Annette_-_Web_Decision.pdf-safeguarding concern that requires investigation, even if the conclusion is that no action ./Meier__Annette_-_Web_Decision.pdf-is to be taken. Whilst the panel accepts that Mrs Meier may have made her judgement in ./Meier__Annette_-_Web_Decision.pdf-good faith, the panel is also of the view that it was the incorrect judgement and the ./Meier__Annette_-_Web_Decision.pdf-concern should have been reported to social services. On that basis, the panel finds this ./Meier__Annette_-_Web_Decision.pdf-allegation proved. ./Meier__Annette_-_Web_Decision.pdf- ./Meier__Annette_-_Web_Decision.pdf-Pupil D ./Meier__Annette_-_Web_Decision.pdf- ./Meier__Annette_-_Web_Decision.pdf-The panel heard live evidence from Witness B who explained that as Pupil D was ./Meier__Annette_-_Web_Decision.pdf-recorded as being a Child in Need ('CIN'), there would have been an expectation that the -- ./Meier__Annette_-_Web_Decision.pdf-allegation proved. ./Meier__Annette_-_Web_Decision.pdf- ./Meier__Annette_-_Web_Decision.pdf-Pupil E ./Meier__Annette_-_Web_Decision.pdf- ./Meier__Annette_-_Web_Decision.pdf-For the same reasons given by the panel for Pupil E in relation to allegation 1a, the panel ./Meier__Annette_-_Web_Decision.pdf-finds this allegation proved. ./Meier__Annette_-_Web_Decision.pdf- ./Meier__Annette_-_Web_Decision.pdf-Pupil F ./Meier__Annette_-_Web_Decision.pdf- ./Meier__Annette_-_Web_Decision.pdf-Mrs Meier initially denied this allegation, which involved a young child exhibiting ./Meier__Annette_-_Web_Decision.pdf:sexualised behaviour on two occasions. Pupil F was, at the time, subject to a Team ./Meier__Annette_-_Web_Decision.pdf-Around the Child ('TAC'). ./Meier__Annette_-_Web_Decision.pdf- ./Meier__Annette_-_Web_Decision.pdf-Witness B gave evidence as to whether he would have expected a referral to have been ./Meier__Annette_-_Web_Decision.pdf-made to social services and confirmed, by reference to the TAC, that would be the case. ./Meier__Annette_-_Web_Decision.pdf- ./Meier__Annette_-_Web_Decision.pdf-Mrs Meier subsequently admitted the allegation. In light of the admission and Witness B's ./Meier__Annette_-_Web_Decision.pdf-evidence, the panel finds this allegation proved. ./Meier__Annette_-_Web_Decision.pdf- ./Meier__Annette_-_Web_Decision.pdf-Pupil G ./Meier__Annette_-_Web_Decision.pdf- ./Miah_Khalid_SoS_Decision_Redacted.pdf-Witnesses ./Miah_Khalid_SoS_Decision_Redacted.pdf- ./Miah_Khalid_SoS_Decision_Redacted.pdf-The panel did not hear oral evidence from any witnesses. ./Miah_Khalid_SoS_Decision_Redacted.pdf- ./Miah_Khalid_SoS_Decision_Redacted.pdf- ./Miah_Khalid_SoS_Decision_Redacted.pdf-Decision and reasons ./Miah_Khalid_SoS_Decision_Redacted.pdf-The panel announced its decision and reasons as follows: ./Miah_Khalid_SoS_Decision_Redacted.pdf- ./Miah_Khalid_SoS_Decision_Redacted.pdf-The teacher had been employed by Lealands High School as the Director of Maths from ./Miah_Khalid_SoS_Decision_Redacted.pdf-1 January 2017. On 21 November 2019, the teacher was arrested by police in relation to ./Miah_Khalid_SoS_Decision_Redacted.pdf:offences relating to sexual communications with a child and causing a child under 13 to ./Miah_Khalid_SoS_Decision_Redacted.pdf:watch a sexual act. On 5 June 2020 the teacher pleaded guilty to four offences including ./Miah_Khalid_SoS_Decision_Redacted.pdf:attempting to engage in sexual communication with a child, attempting to cause a child to ./Miah_Khalid_SoS_Decision_Redacted.pdf:look at an image of sexual activity and possessing an indecent photograph of a child. ./Miah_Khalid_SoS_Decision_Redacted.pdf- ./Miah_Khalid_SoS_Decision_Redacted.pdf-Findings of fact ./Miah_Khalid_SoS_Decision_Redacted.pdf- ./Miah_Khalid_SoS_Decision_Redacted.pdf-The findings of fact are as follows: ./Miah_Khalid_SoS_Decision_Redacted.pdf- ./Miah_Khalid_SoS_Decision_Redacted.pdf-The panel found the following particulars of the allegation(s) against you proved, for ./Miah_Khalid_SoS_Decision_Redacted.pdf-these reasons: ./Miah_Khalid_SoS_Decision_Redacted.pdf- ./Miah_Khalid_SoS_Decision_Redacted.pdf-You have been convicted, at any time, of a relevant offence in that: ./Miah_Khalid_SoS_Decision_Redacted.pdf- -- ./Miah_Khalid_SoS_Decision_Redacted.pdf- b. One count of Attempt/Engage Child Under 16 to Watch a Sexual Act ./Miah_Khalid_SoS_Decision_Redacted.pdf- contrary to s. 12(1)(a); and ./Miah_Khalid_SoS_Decision_Redacted.pdf- ./Miah_Khalid_SoS_Decision_Redacted.pdf- c. One count of Possessing an Indecent Photograph or pseudo- ./Miah_Khalid_SoS_Decision_Redacted.pdf- Photograph of a Child contrary to s.16-of the Criminal Justice Act ./Miah_Khalid_SoS_Decision_Redacted.pdf- 1988. ./Miah_Khalid_SoS_Decision_Redacted.pdf- ./Miah_Khalid_SoS_Decision_Redacted.pdf-The panel had regard to the Certificate of Conviction which noted that on 5 June 2020, ./Miah_Khalid_SoS_Decision_Redacted.pdf-Mr Khalid Miah was convicted of: ./Miah_Khalid_SoS_Decision_Redacted.pdf- ./Miah_Khalid_SoS_Decision_Redacted.pdf: 1. “Attempt to engage in sexual communication with a child ./Miah_Khalid_SoS_Decision_Redacted.pdf- ./Miah_Khalid_SoS_Decision_Redacted.pdf: 2. Attempt to cause a child 13 to 15 to watch / look at an image of sexual activity; ./Miah_Khalid_SoS_Decision_Redacted.pdf- ./Miah_Khalid_SoS_Decision_Redacted.pdf: 3. Attempt to engage in sexual communication with a child ./Miah_Khalid_SoS_Decision_Redacted.pdf- ./Miah_Khalid_SoS_Decision_Redacted.pdf- 4. Possess an indecent photograph of a child” ./Miah_Khalid_SoS_Decision_Redacted.pdf- ./Miah_Khalid_SoS_Decision_Redacted.pdf-The Certificate of Conviction went on to confirm Mr Miah was sentenced to imprisonment ./Miah_Khalid_SoS_Decision_Redacted.pdf-for these offences on 13 July 2020. ./Miah_Khalid_SoS_Decision_Redacted.pdf- ./Miah_Khalid_SoS_Decision_Redacted.pdf-Whilst the panel took the Certificate of Conviction as conclusive proof of the convictions, ./Miah_Khalid_SoS_Decision_Redacted.pdf-the panel also noted that it was supported by the evidence provided by the School’s ./Miah_Khalid_SoS_Decision_Redacted.pdf-investigation and Mr Miah’s own admissions. ./Miah_Khalid_SoS_Decision_Redacted.pdf- -- ./Miah_Khalid_SoS_Decision_Redacted.pdf-impact on the safety and/or security of pupils. ./Miah_Khalid_SoS_Decision_Redacted.pdf- ./Miah_Khalid_SoS_Decision_Redacted.pdf-The panel also took account of the way the teaching profession is viewed by others. The ./Miah_Khalid_SoS_Decision_Redacted.pdf-panel considered that Mr Miah’s behaviour in committing the offences could affect public ./Miah_Khalid_SoS_Decision_Redacted.pdf-confidence in the teaching profession, given the influence that teachers may have on ./Miah_Khalid_SoS_Decision_Redacted.pdf-pupils, parents and others in the community. ./Miah_Khalid_SoS_Decision_Redacted.pdf- ./Miah_Khalid_SoS_Decision_Redacted.pdf-The panel noted that Mr Miah’s behaviour ultimately led to a sentence of imprisonment, ./Miah_Khalid_SoS_Decision_Redacted.pdf-which was indicative of the seriousness of the offences committed. ./Miah_Khalid_SoS_Decision_Redacted.pdf- ./Miah_Khalid_SoS_Decision_Redacted.pdf:This was a case concerning offences involving sexual activity and activity involving ./Miah_Khalid_SoS_Decision_Redacted.pdf-viewing, taking, making, possessing, distributing or publishing any indecent photograph ./Miah_Khalid_SoS_Decision_Redacted.pdf-or image or pseudo photograph or image of a child, or permitting any such activity, ./Miah_Khalid_SoS_Decision_Redacted.pdf-including one-off incidents, which the Advice states is likely to be considered a relevant ./Miah_Khalid_SoS_Decision_Redacted.pdf-offence. ./Miah_Khalid_SoS_Decision_Redacted.pdf- ./Miah_Khalid_SoS_Decision_Redacted.pdf-The panel found that the seriousness of the offending behaviour that led to the conviction ./Miah_Khalid_SoS_Decision_Redacted.pdf-was relevant to Mr Miah’s ongoing suitability to teach. The panel considered that finding ./Miah_Khalid_SoS_Decision_Redacted.pdf-these convictions were relevant offences was necessary to reaffirm clear standards of ./Miah_Khalid_SoS_Decision_Redacted.pdf-conduct so as to maintain public confidence in the teaching profession. ./Miah_Khalid_SoS_Decision_Redacted.pdf- -- ./Miah_Khalid_SoS_Decision_Redacted.pdf-The panel had regard to the particular public interest considerations set out in the Advice ./Miah_Khalid_SoS_Decision_Redacted.pdf-and, having done so, found a number of them to be relevant in this case, namely, the ./Miah_Khalid_SoS_Decision_Redacted.pdf-protection of pupils, the maintenance of public confidence in the profession and declaring ./Miah_Khalid_SoS_Decision_Redacted.pdf-and upholding proper standards of conduct. ./Miah_Khalid_SoS_Decision_Redacted.pdf- ./Miah_Khalid_SoS_Decision_Redacted.pdf:In the light of the panel’s findings against Mr Miah, which related to sexual offences ./Miah_Khalid_SoS_Decision_Redacted.pdf-involving children, there was a strong public interest consideration in respect of the ./Miah_Khalid_SoS_Decision_Redacted.pdf-protection of pupils, given the serious findings of inappropriate electronic communication ./Miah_Khalid_SoS_Decision_Redacted.pdf-with children. ./Miah_Khalid_SoS_Decision_Redacted.pdf- ./Miah_Khalid_SoS_Decision_Redacted.pdf-Similarly, the panel considered that public confidence in the profession could be seriously ./Miah_Khalid_SoS_Decision_Redacted.pdf-weakened if conduct such as that found against Mr Miah was not treated with the utmost ./Miah_Khalid_SoS_Decision_Redacted.pdf-seriousness when regulating the conduct of the profession. ./Miah_Khalid_SoS_Decision_Redacted.pdf- ./Miah_Khalid_SoS_Decision_Redacted.pdf-The panel was of the view that a strong public interest consideration in declaring proper ./Miah_Khalid_SoS_Decision_Redacted.pdf-standards of conduct in the profession was also present as the conduct found against Mr -- ./Miah_Khalid_SoS_Decision_Redacted.pdf-Miah. The panel took further account of the Advice, which suggests that a prohibition ./Miah_Khalid_SoS_Decision_Redacted.pdf-order may be appropriate if certain behaviours of a teacher have been proved. In the list ./Miah_Khalid_SoS_Decision_Redacted.pdf-of such behaviours, those that were relevant in this case were: ./Miah_Khalid_SoS_Decision_Redacted.pdf- ./Miah_Khalid_SoS_Decision_Redacted.pdf- serious departure from the personal and professional conduct elements of the ./Miah_Khalid_SoS_Decision_Redacted.pdf- Teachers’ Standards; ./Miah_Khalid_SoS_Decision_Redacted.pdf- ./Miah_Khalid_SoS_Decision_Redacted.pdf- misconduct seriously affecting the education and/or well-being of pupils, and ./Miah_Khalid_SoS_Decision_Redacted.pdf- particularly where there is a continuing risk; ./Miah_Khalid_SoS_Decision_Redacted.pdf- ./Miah_Khalid_SoS_Decision_Redacted.pdf: sexual misconduct, for example, involving actions that were sexually motivated or of a ./Miah_Khalid_SoS_Decision_Redacted.pdf: sexual nature and/or that use or exploit the trust, knowledge or influence derived ./Miah_Khalid_SoS_Decision_Redacted.pdf- from the individual’s professional position; ./Miah_Khalid_SoS_Decision_Redacted.pdf- ./Miah_Khalid_SoS_Decision_Redacted.pdf- any activity involving viewing, taking, making, possessing, distributing or publishing ./Miah_Khalid_SoS_Decision_Redacted.pdf- any indecent photograph or image or pseudo photograph or image of a child, or ./Miah_Khalid_SoS_Decision_Redacted.pdf- permitting such activity, including one-off incidents; and ./Miah_Khalid_SoS_Decision_Redacted.pdf- ./Miah_Khalid_SoS_Decision_Redacted.pdf- the commission of a serious criminal offence, including those that resulted in a ./Miah_Khalid_SoS_Decision_Redacted.pdf- conviction or caution, paying particular attention to offences that are ‘relevant ./Miah_Khalid_SoS_Decision_Redacted.pdf- matters’ for the purposes of The Police Act 1997 and criminal record disclosures. ./Miah_Khalid_SoS_Decision_Redacted.pdf- -- ./Miah_Khalid_SoS_Decision_Redacted.pdf-Miah. Accordingly, the panel made a recommendation to the Secretary of State that a ./Miah_Khalid_SoS_Decision_Redacted.pdf-prohibition order should be imposed with immediate effect. ./Miah_Khalid_SoS_Decision_Redacted.pdf- ./Miah_Khalid_SoS_Decision_Redacted.pdf-The panel went on to consider whether or not it would be appropriate for it to decide to ./Miah_Khalid_SoS_Decision_Redacted.pdf-recommend a review period of the order. The panel was mindful that the Advice states ./Miah_Khalid_SoS_Decision_Redacted.pdf-that a prohibition order applies for life, but there may be circumstances, in any given ./Miah_Khalid_SoS_Decision_Redacted.pdf-case, that may make it appropriate to allow a teacher to apply to have the prohibition ./Miah_Khalid_SoS_Decision_Redacted.pdf-order reviewed after a specified period of time that may not be less than 2 years. ./Miah_Khalid_SoS_Decision_Redacted.pdf- ./Miah_Khalid_SoS_Decision_Redacted.pdf-The Advice indicates that there are behaviours that, if proved, would militate against the ./Miah_Khalid_SoS_Decision_Redacted.pdf:recommendation of a review period. These behaviours include serious sexual ./Miah_Khalid_SoS_Decision_Redacted.pdf:misconduct, such as where the act was sexually motivated and resulted in, or had the ./Miah_Khalid_SoS_Decision_Redacted.pdf-potential to result in, harm to a person or persons and any activity involving viewing, ./Miah_Khalid_SoS_Decision_Redacted.pdf-taking, making, possessing, distributing or publishing any indecent photograph or image ./Miah_Khalid_SoS_Decision_Redacted.pdf-or pseudo photograph or image of a child. ./Miah_Khalid_SoS_Decision_Redacted.pdf- ./Miah_Khalid_SoS_Decision_Redacted.pdf-Mr Miah did admit the offences at the outset of the criminal investigation and ./Miah_Khalid_SoS_Decision_Redacted.pdf-demonstrated some insight into his offences. ./Miah_Khalid_SoS_Decision_Redacted.pdf- ./Miah_Khalid_SoS_Decision_Redacted.pdf-The panel decided that the findings indicated a situation in which a review period would ./Miah_Khalid_SoS_Decision_Redacted.pdf-not be appropriate and, as such, decided that it would be proportionate, in all the ./Miah_Khalid_SoS_Decision_Redacted.pdf-circumstances, for the prohibition order to be recommended without provision for a -- ./Miah_Khalid_SoS_Decision_Redacted.pdf- professional position ./Miah_Khalid_SoS_Decision_Redacted.pdf- ./Miah_Khalid_SoS_Decision_Redacted.pdf- o having regard for the need to safeguard pupils’ well-being, in accordance ./Miah_Khalid_SoS_Decision_Redacted.pdf- with statutory provisions ./Miah_Khalid_SoS_Decision_Redacted.pdf- ./Miah_Khalid_SoS_Decision_Redacted.pdf- Teachers must have proper and professional regard for the ethos, policies and ./Miah_Khalid_SoS_Decision_Redacted.pdf- practices of the school in which they teach, and maintain high standards in their ./Miah_Khalid_SoS_Decision_Redacted.pdf- own attendance and punctuality. ./Miah_Khalid_SoS_Decision_Redacted.pdf- ./Miah_Khalid_SoS_Decision_Redacted.pdf-The findings of a relevant conviction are particularly serious as they include a finding of, ./Miah_Khalid_SoS_Decision_Redacted.pdf:“an attempt to cause a child 13 to 15 to watch / look at an image of sexual activity; an ./Miah_Khalid_SoS_Decision_Redacted.pdf:attempt to engage in sexual communication with a child and possession of an indecent ./Miah_Khalid_SoS_Decision_Redacted.pdf-photograph of a child.” ./Miah_Khalid_SoS_Decision_Redacted.pdf- ./Miah_Khalid_SoS_Decision_Redacted.pdf-I have to determine whether the imposition of a prohibition order is proportionate and in ./Miah_Khalid_SoS_Decision_Redacted.pdf-the public interest. In considering that for this case, I have considered the overall aim of a ./Miah_Khalid_SoS_Decision_Redacted.pdf-prohibition order which is to protect pupils and to maintain public confidence in the ./Miah_Khalid_SoS_Decision_Redacted.pdf-profession. I have considered the extent to which a prohibition order in this case would ./Miah_Khalid_SoS_Decision_Redacted.pdf-achieve that aim taking into account the impact that it will have on the individual teacher. ./Miah_Khalid_SoS_Decision_Redacted.pdf-I have also asked myself, whether a less intrusive measure, such as the published ./Miah_Khalid_SoS_Decision_Redacted.pdf-finding of unacceptable professional conduct and conduct that may bring the profession ./Miah_Khalid_SoS_Decision_Redacted.pdf-into disrepute, would itself be sufficient to achieve the overall aim. I have to consider -- ./Miah_Khalid_SoS_Decision_Redacted.pdf- ./Miah_Khalid_SoS_Decision_Redacted.pdf-I have also considered the impact of a prohibition order on Mr Miah himself. The panel ./Miah_Khalid_SoS_Decision_Redacted.pdf-reference the judges’s remarks “there’s nothing been brought to my attention that you’ve ./Miah_Khalid_SoS_Decision_Redacted.pdf-had anything recorded against you with regard to your teaching profession thus far.” The ./Miah_Khalid_SoS_Decision_Redacted.pdf-panel was satisfied that this indicated the teacher had a previously good history. ./Miah_Khalid_SoS_Decision_Redacted.pdf- ./Miah_Khalid_SoS_Decision_Redacted.pdf-A prohibition order would prevent Mr Miah from teaching and would also clearly deprive ./Miah_Khalid_SoS_Decision_Redacted.pdf-the public of him contribution to the profession for the period that it is in force. ./Miah_Khalid_SoS_Decision_Redacted.pdf- ./Miah_Khalid_SoS_Decision_Redacted.pdf-In this case, I have placed considerable weight on the panel’s comments concerning the ./Miah_Khalid_SoS_Decision_Redacted.pdf:conviction found, “which related to sexual offences involving children, there was a strong ./Miah_Khalid_SoS_Decision_Redacted.pdf-public interest consideration in respect of the protection of pupils, given the serious ./Miah_Khalid_SoS_Decision_Redacted.pdf-findings of inappropriate electronic communication with children.” ./Miah_Khalid_SoS_Decision_Redacted.pdf- ./Miah_Khalid_SoS_Decision_Redacted.pdf- ./Miah_Khalid_SoS_Decision_Redacted.pdf- ./Miah_Khalid_SoS_Decision_Redacted.pdf- ./Miah_Khalid_SoS_Decision_Redacted.pdf- 12 ./Miah_Khalid_SoS_Decision_Redacted.pdf- -- ./Miah_Khalid_SoS_Decision_Redacted.pdf-order in order to maintain public confidence in the profession. ./Miah_Khalid_SoS_Decision_Redacted.pdf- ./Miah_Khalid_SoS_Decision_Redacted.pdf-For these reasons, I have concluded that a prohibition order is proportionate and in the ./Miah_Khalid_SoS_Decision_Redacted.pdf-public interest in order to achieve the intended aims of a prohibition order. ./Miah_Khalid_SoS_Decision_Redacted.pdf- ./Miah_Khalid_SoS_Decision_Redacted.pdf-I have gone on to consider the matter of a review period. In this case, the panel has ./Miah_Khalid_SoS_Decision_Redacted.pdf-recommended that no provision should be made for a review period. ./Miah_Khalid_SoS_Decision_Redacted.pdf- ./Miah_Khalid_SoS_Decision_Redacted.pdf-I have considered the panel’s comments and the Advice, “The Advice indicates that there ./Miah_Khalid_SoS_Decision_Redacted.pdf-are behaviours that, if proved, would militate against the recommendation of a review ./Miah_Khalid_SoS_Decision_Redacted.pdf:period. These behaviours include serious sexual misconduct, such as where the act was ./Miah_Khalid_SoS_Decision_Redacted.pdf:sexually motivated and resulted in, or had the potential to result in, harm to a person or ./Miah_Khalid_SoS_Decision_Redacted.pdf-persons and any activity involving viewing, taking, making, possessing, distributing or ./Miah_Khalid_SoS_Decision_Redacted.pdf-publishing any indecent photograph or image or pseudo photograph or image of a child.” ./Miah_Khalid_SoS_Decision_Redacted.pdf- ./Miah_Khalid_SoS_Decision_Redacted.pdf-I have considered whether allowing for no review is proportionate to achieve the aim of ./Miah_Khalid_SoS_Decision_Redacted.pdf-maintaining public confidence in the profession. In this case, the factors which mean that ./Miah_Khalid_SoS_Decision_Redacted.pdf-a no review is necessary and in the public interest are the seriousness of the conviction ./Miah_Khalid_SoS_Decision_Redacted.pdf-against Mr Miah as set out previously. ./Miah_Khalid_SoS_Decision_Redacted.pdf- ./Miah_Khalid_SoS_Decision_Redacted.pdf-I consider therefore that allowing for no review period is necessary to maintain public ./Miah_Khalid_SoS_Decision_Redacted.pdf-confidence and is proportionate and in the public interest. ./Miss_Felicity_Simpson_16112_-SoS_decision__Unestricted__for_WEB.pdf- v. kissing Student A, on at least one occasion prior to Christmas 2016; ./Miss_Felicity_Simpson_16112_-SoS_decision__Unestricted__for_WEB.pdf- ./Miss_Felicity_Simpson_16112_-SoS_decision__Unestricted__for_WEB.pdf- b. engaging in text messaging and/or phone calls with Student A via her ./Miss_Felicity_Simpson_16112_-SoS_decision__Unestricted__for_WEB.pdf- personal mobile phones; ./Miss_Felicity_Simpson_16112_-SoS_decision__Unestricted__for_WEB.pdf- ./Miss_Felicity_Simpson_16112_-SoS_decision__Unestricted__for_WEB.pdf- c. meeting with Student A outside of school; ./Miss_Felicity_Simpson_16112_-SoS_decision__Unestricted__for_WEB.pdf- ./Miss_Felicity_Simpson_16112_-SoS_decision__Unestricted__for_WEB.pdf- d. buying Student A one or more gifts, including a jumper on or around ./Miss_Felicity_Simpson_16112_-SoS_decision__Unestricted__for_WEB.pdf- Valentine’s Day 2017; ./Miss_Felicity_Simpson_16112_-SoS_decision__Unestricted__for_WEB.pdf- ./Miss_Felicity_Simpson_16112_-SoS_decision__Unestricted__for_WEB.pdf:2. her conduct as may be found proven at 1 above was conduct of a sexual nature ./Miss_Felicity_Simpson_16112_-SoS_decision__Unestricted__for_WEB.pdf: and/or was sexually motivated; ./Miss_Felicity_Simpson_16112_-SoS_decision__Unestricted__for_WEB.pdf- ./Miss_Felicity_Simpson_16112_-SoS_decision__Unestricted__for_WEB.pdf-3. she failed to maintain appropriate professional boundaries with one or more ./Miss_Felicity_Simpson_16112_-SoS_decision__Unestricted__for_WEB.pdf- students, including by; ./Miss_Felicity_Simpson_16112_-SoS_decision__Unestricted__for_WEB.pdf- ./Miss_Felicity_Simpson_16112_-SoS_decision__Unestricted__for_WEB.pdf- a. socialising with students outside of school, including at a public house on or ./Miss_Felicity_Simpson_16112_-SoS_decision__Unestricted__for_WEB.pdf- around 17 December 2016; ./Miss_Felicity_Simpson_16112_-SoS_decision__Unestricted__for_WEB.pdf- ./Miss_Felicity_Simpson_16112_-SoS_decision__Unestricted__for_WEB.pdf- b. buying alcoholic drinks for a group of students, despite the fact that she did ./Miss_Felicity_Simpson_16112_-SoS_decision__Unestricted__for_WEB.pdf- not know whether all of those students were over the age of 18; ./Miss_Felicity_Simpson_16112_-SoS_decision__Unestricted__for_WEB.pdf- -- ./Miss_Felicity_Simpson_16112_-SoS_decision__Unestricted__for_WEB.pdf:and "… did not want it to happen again". Student C confirmed that there was, "no sexual ./Miss_Felicity_Simpson_16112_-SoS_decision__Unestricted__for_WEB.pdf:contact between them. No suggestion from Miss Simpson that it was to be a sexual ./Miss_Felicity_Simpson_16112_-SoS_decision__Unestricted__for_WEB.pdf-relationship". ./Miss_Felicity_Simpson_16112_-SoS_decision__Unestricted__for_WEB.pdf- ./Miss_Felicity_Simpson_16112_-SoS_decision__Unestricted__for_WEB.pdf-On the basis of its findings, the panel found that Miss Simpson had developed and ./Miss_Felicity_Simpson_16112_-SoS_decision__Unestricted__for_WEB.pdf-engaged in an inappropriate relationship with Student A by engaging in physical contact ./Miss_Felicity_Simpson_16112_-SoS_decision__Unestricted__for_WEB.pdf-with him. Allegation 1. was therefore found proved. ./Miss_Felicity_Simpson_16112_-SoS_decision__Unestricted__for_WEB.pdf- ./Miss_Felicity_Simpson_16112_-SoS_decision__Unestricted__for_WEB.pdf- b. engaging in text messaging and/or phone calls with Student A ./Miss_Felicity_Simpson_16112_-SoS_decision__Unestricted__for_WEB.pdf- via her personal mobile phones; ./Miss_Felicity_Simpson_16112_-SoS_decision__Unestricted__for_WEB.pdf- ./Miss_Felicity_Simpson_16112_-SoS_decision__Unestricted__for_WEB.pdf-This particular was admitted by Miss Simpson and the panel found it proved. -- ./Miss_Felicity_Simpson_16112_-SoS_decision__Unestricted__for_WEB.pdf-Nevertheless, the panel was satisfied that it was inappropriate for Miss Simpson to give ./Miss_Felicity_Simpson_16112_-SoS_decision__Unestricted__for_WEB.pdf-such a gift to Student A. Her lack of judgement was of particular concern, taking account ./Miss_Felicity_Simpson_16112_-SoS_decision__Unestricted__for_WEB.pdf-of the meetings that she had already held with the School where clear guidance and ./Miss_Felicity_Simpson_16112_-SoS_decision__Unestricted__for_WEB.pdf-instruction had been given to her to maintain proper boundaries. A verbal warning had ./Miss_Felicity_Simpson_16112_-SoS_decision__Unestricted__for_WEB.pdf-also been given to her and confirmed in writing only a month before. ./Miss_Felicity_Simpson_16112_-SoS_decision__Unestricted__for_WEB.pdf- ./Miss_Felicity_Simpson_16112_-SoS_decision__Unestricted__for_WEB.pdf-On the basis of its findings in respect of particulars a., b., c., and d., the panel found ./Miss_Felicity_Simpson_16112_-SoS_decision__Unestricted__for_WEB.pdf-Allegation 1. proved in that Miss Simpson had developed and engaged in an ./Miss_Felicity_Simpson_16112_-SoS_decision__Unestricted__for_WEB.pdf-inappropriate relationship with Student A. ./Miss_Felicity_Simpson_16112_-SoS_decision__Unestricted__for_WEB.pdf- ./Miss_Felicity_Simpson_16112_-SoS_decision__Unestricted__for_WEB.pdf: 2. your conduct as may be found proven at 1 above was conduct of a sexual ./Miss_Felicity_Simpson_16112_-SoS_decision__Unestricted__for_WEB.pdf: nature and/or was sexually motivated; ./Miss_Felicity_Simpson_16112_-SoS_decision__Unestricted__for_WEB.pdf- ./Miss_Felicity_Simpson_16112_-SoS_decision__Unestricted__for_WEB.pdf-This allegation was denied by Miss Simpson and the panel found it not proved. ./Miss_Felicity_Simpson_16112_-SoS_decision__Unestricted__for_WEB.pdf- ./Miss_Felicity_Simpson_16112_-SoS_decision__Unestricted__for_WEB.pdf- ./Miss_Felicity_Simpson_16112_-SoS_decision__Unestricted__for_WEB.pdf- ./Miss_Felicity_Simpson_16112_-SoS_decision__Unestricted__for_WEB.pdf- 13 ./Miss_Felicity_Simpson_16112_-SoS_decision__Unestricted__for_WEB.pdf- -- ./Miss_Felicity_Simpson_16112_-SoS_decision__Unestricted__for_WEB.pdf-of allegation 1. found proved. ./Miss_Felicity_Simpson_16112_-SoS_decision__Unestricted__for_WEB.pdf- ./Miss_Felicity_Simpson_16112_-SoS_decision__Unestricted__for_WEB.pdf-The panel had also assessed the evidence provided by Student A and, most particularly, ./Miss_Felicity_Simpson_16112_-SoS_decision__Unestricted__for_WEB.pdf-Miss Simpson and that it was the conduct and intentions of Miss Simpson as opposed to ./Miss_Felicity_Simpson_16112_-SoS_decision__Unestricted__for_WEB.pdf-Student A which were material. ./Miss_Felicity_Simpson_16112_-SoS_decision__Unestricted__for_WEB.pdf- ./Miss_Felicity_Simpson_16112_-SoS_decision__Unestricted__for_WEB.pdf-Miss Simpson had accepted, and admitted from the outset, that she had developed ./Miss_Felicity_Simpson_16112_-SoS_decision__Unestricted__for_WEB.pdf-and/or engaged in an inappropriate relationship with Student A. ./Miss_Felicity_Simpson_16112_-SoS_decision__Unestricted__for_WEB.pdf- ./Miss_Felicity_Simpson_16112_-SoS_decision__Unestricted__for_WEB.pdf-However, she had always denied that underlying that inappropriate relationship was an ./Miss_Felicity_Simpson_16112_-SoS_decision__Unestricted__for_WEB.pdf:intention to form a sexual relationship with Student A. ./Miss_Felicity_Simpson_16112_-SoS_decision__Unestricted__for_WEB.pdf- ./Miss_Felicity_Simpson_16112_-SoS_decision__Unestricted__for_WEB.pdf-Miss Simpson had engaged fully with these proceedings. She had given evidence and ./Miss_Felicity_Simpson_16112_-SoS_decision__Unestricted__for_WEB.pdf-had been questioned carefully by the presenting officer. The panel had concluded that, ./Miss_Felicity_Simpson_16112_-SoS_decision__Unestricted__for_WEB.pdf-whilst Miss Simpson fully recognised her naivety -and her very serious errors of ./Miss_Felicity_Simpson_16112_-SoS_decision__Unestricted__for_WEB.pdf-judgement, and whilst she readily volunteered that she had formed a close relationship ./Miss_Felicity_Simpson_16112_-SoS_decision__Unestricted__for_WEB.pdf:with Student A for whom she had feelings, they were not of a romantic or sexual nature ./Miss_Felicity_Simpson_16112_-SoS_decision__Unestricted__for_WEB.pdf-and she was not physically attracted to him. ./Miss_Felicity_Simpson_16112_-SoS_decision__Unestricted__for_WEB.pdf- ./Miss_Felicity_Simpson_16112_-SoS_decision__Unestricted__for_WEB.pdf-Indeed, the openness with which Miss Simpson accepted that she had feelings for ./Miss_Felicity_Simpson_16112_-SoS_decision__Unestricted__for_WEB.pdf-Student A was best illustrated by what she said in a meeting with Witness A and the ./Miss_Felicity_Simpson_16112_-SoS_decision__Unestricted__for_WEB.pdf-headteacher on 9 March 2017 when the notes say, "FS became very emotional and ./Miss_Felicity_Simpson_16112_-SoS_decision__Unestricted__for_WEB.pdf-asked for help as she had feelings for [Student A] and regardless of the support that had ./Miss_Felicity_Simpson_16112_-SoS_decision__Unestricted__for_WEB.pdf-been put in place, could not ignore these". ./Miss_Felicity_Simpson_16112_-SoS_decision__Unestricted__for_WEB.pdf- ./Miss_Felicity_Simpson_16112_-SoS_decision__Unestricted__for_WEB.pdf:Miss Simpson stated that she, "adored" Student A but not romantically or in a sexual ./Miss_Felicity_Simpson_16112_-SoS_decision__Unestricted__for_WEB.pdf-way. ./Miss_Felicity_Simpson_16112_-SoS_decision__Unestricted__for_WEB.pdf- ./Miss_Felicity_Simpson_16112_-SoS_decision__Unestricted__for_WEB.pdf-With regard to this allegation, which is pleaded in the alternative, the NCTL confirmed ./Miss_Felicity_Simpson_16112_-SoS_decision__Unestricted__for_WEB.pdf-that the allegation that Miss Simpson's conduct under allegation 1. was conduct of a ./Miss_Felicity_Simpson_16112_-SoS_decision__Unestricted__for_WEB.pdf:sexual nature was restricted to allegation 1.v. This related to the incident when Student A ./Miss_Felicity_Simpson_16112_-SoS_decision__Unestricted__for_WEB.pdf-kissed Miss Simpson and she initially responded then immediately pulled away, ./Miss_Felicity_Simpson_16112_-SoS_decision__Unestricted__for_WEB.pdf-regretting what had happened. Student C confirmed Miss Simpson regretted what had ./Miss_Felicity_Simpson_16112_-SoS_decision__Unestricted__for_WEB.pdf-happened and that it would not happen again. The panel found this was important ./Miss_Felicity_Simpson_16112_-SoS_decision__Unestricted__for_WEB.pdf-corroborative evidence from Student C and supported the panel's conclusion that the ./Miss_Felicity_Simpson_16112_-SoS_decision__Unestricted__for_WEB.pdf:circumstances surrounding the "kiss" was not conduct of a sexual nature on the part of ./Miss_Felicity_Simpson_16112_-SoS_decision__Unestricted__for_WEB.pdf-Miss Simpson. ./Miss_Felicity_Simpson_16112_-SoS_decision__Unestricted__for_WEB.pdf- ./Miss_Felicity_Simpson_16112_-SoS_decision__Unestricted__for_WEB.pdf-The panel also accepted Miss Simpson's evidence, and found, that it was normal for her ./Miss_Felicity_Simpson_16112_-SoS_decision__Unestricted__for_WEB.pdf-to kiss members of her family on the lips, such as her sister and grandfather, as well as ./Miss_Felicity_Simpson_16112_-SoS_decision__Unestricted__for_WEB.pdf-close friends. ./Miss_Felicity_Simpson_16112_-SoS_decision__Unestricted__for_WEB.pdf- ./Miss_Felicity_Simpson_16112_-SoS_decision__Unestricted__for_WEB.pdf-As for the panel's conclusions with regard to whether Miss Simpson's admitted conduct ./Miss_Felicity_Simpson_16112_-SoS_decision__Unestricted__for_WEB.pdf:under allegation 1. was sexually motivated, the panel was satisfied that it was unable to ./Miss_Felicity_Simpson_16112_-SoS_decision__Unestricted__for_WEB.pdf-infer from the facts admitted and found, that Miss Simpson's conduct towards Student A ./Miss_Felicity_Simpson_16112_-SoS_decision__Unestricted__for_WEB.pdf- ./Miss_Felicity_Simpson_16112_-SoS_decision__Unestricted__for_WEB.pdf- 14 ./Miss_Felicity_Simpson_16112_-SoS_decision__Unestricted__for_WEB.pdf- -- ./Miss_Felicity_Simpson_16112_-SoS_decision__Unestricted__for_WEB.pdf:was sexually motivated. There was no doubt that it was extremely ill-judged, ./Miss_Felicity_Simpson_16112_-SoS_decision__Unestricted__for_WEB.pdf-unprofessional and inappropriate, but having assessed Miss Simpson when giving her ./Miss_Felicity_Simpson_16112_-SoS_decision__Unestricted__for_WEB.pdf-evidence and having taken into consideration the relevant and supportive character ./Miss_Felicity_Simpson_16112_-SoS_decision__Unestricted__for_WEB.pdf-evidence which had been produced, the panel was not prepared to find, on the balance ./Miss_Felicity_Simpson_16112_-SoS_decision__Unestricted__for_WEB.pdf:of probabilities, that her conduct was sexually motivated. ./Miss_Felicity_Simpson_16112_-SoS_decision__Unestricted__for_WEB.pdf- ./Miss_Felicity_Simpson_16112_-SoS_decision__Unestricted__for_WEB.pdf- 3. she failed to maintain appropriate professional boundaries with one or more ./Miss_Felicity_Simpson_16112_-SoS_decision__Unestricted__for_WEB.pdf- students, including by; ./Miss_Felicity_Simpson_16112_-SoS_decision__Unestricted__for_WEB.pdf- ./Miss_Felicity_Simpson_16112_-SoS_decision__Unestricted__for_WEB.pdf- a. socialising with students outside of school, including at a public ./Miss_Felicity_Simpson_16112_-SoS_decision__Unestricted__for_WEB.pdf- house on or around 17 December 2016; ./Miss_Felicity_Simpson_16112_-SoS_decision__Unestricted__for_WEB.pdf- ./Miss_Felicity_Simpson_16112_-SoS_decision__Unestricted__for_WEB.pdf-This particular was admitted by Miss Simpson and the panel found it proved. ./Miss_Felicity_Simpson_16112_-SoS_decision__Unestricted__for_WEB.pdf- ./Miss_Felicity_Simpson_16112_-SoS_decision__Unestricted__for_WEB.pdf-The panel relied on its findings of fact in respect of particular 1.a.iv., above. ./Miss_Rachel_Clint.pdf-It was alleged that Miss Rachel Clint was guilty of unacceptable professional conduct ./Miss_Rachel_Clint.pdf-and/or conduct that may bring the profession into disrepute and a lack of integrity, in that: ./Miss_Rachel_Clint.pdf- ./Miss_Rachel_Clint.pdf- 1. On or around 19 May 2017, you; ./Miss_Rachel_Clint.pdf- ./Miss_Rachel_Clint.pdf- a) Sat on Pupil A’s knee and/or in his lap; ./Miss_Rachel_Clint.pdf- ./Miss_Rachel_Clint.pdf- b) Engaged in a kiss with Pupil A; ./Miss_Rachel_Clint.pdf- ./Miss_Rachel_Clint.pdf- 2. Your conduct as may be found proven at 1a and/or 1 b above was conduct of a ./Miss_Rachel_Clint.pdf: sexual nature; ./Miss_Rachel_Clint.pdf- ./Miss_Rachel_Clint.pdf- 3. Demonstrated a lack of integrity, in that you failed to report what had occurred to ./Miss_Rachel_Clint.pdf- the School and/or to the Senior Leadership Team in the weeks and/or months ./Miss_Rachel_Clint.pdf- following the incident referred to at 1a and/or 1b above. ./Miss_Rachel_Clint.pdf- ./Miss_Rachel_Clint.pdf-The particulars of the allegations are as set out in the notice of the meeting. ./Miss_Rachel_Clint.pdf- ./Miss_Rachel_Clint.pdf-The Teacher admitted the facts and gave an admission of unacceptable professional ./Miss_Rachel_Clint.pdf-conduct and/or conduct that may bring the profession into disrepute and lack of integrity. ./Miss_Rachel_Clint.pdf- -- ./Miss_Rachel_Clint.pdf- ./Miss_Rachel_Clint.pdf-The panel had regard to the statement of agreed facts signed by Miss Rachel Clint in ./Miss_Rachel_Clint.pdf-which she accepted the particulars of the allegation. The panel also had regard to an ./Miss_Rachel_Clint.pdf-earlier witness statement written by Miss Rachel Clint in which she indicated ‘I just ./Miss_Rachel_Clint.pdf-wanted to move on and I am truly remorseful that I did not report the kiss’. The allegation ./Miss_Rachel_Clint.pdf-had been admitted and therefore is found proven. ./Miss_Rachel_Clint.pdf- ./Miss_Rachel_Clint.pdf-The panel found the following allegation against you not proven for the following reasons: ./Miss_Rachel_Clint.pdf- ./Miss_Rachel_Clint.pdf- 2. Your conduct as may be found proven at 1a and/or 1b above was conduct of ./Miss_Rachel_Clint.pdf: a sexual nature; ./Miss_Rachel_Clint.pdf- ./Miss_Rachel_Clint.pdf-The panel had regard to the statement of agreed facts signed by Miss Rachel Clint in ./Miss_Rachel_Clint.pdf-which she accepted the particulars of the allegation. The panel also had regard to the ./Miss_Rachel_Clint.pdf:TRA’s position that it was not suggested that Miss Rachel Clint’s actions were sexually ./Miss_Rachel_Clint.pdf-motivated, given that the evidence ‘suggests that this was a spontaneous kiss which did ./Miss_Rachel_Clint.pdf-not lead to any further intimacy’. Therefore whilst the allegation was accepted by the ./Miss_Rachel_Clint.pdf-teacher, the panel went on to consider whether the conduct at allegations 1a and 1b was ./Miss_Rachel_Clint.pdf:of a sexual nature. ./Miss_Rachel_Clint.pdf- ./Miss_Rachel_Clint.pdf-The panel noted that the statement of agreed facts and the earlier witness statement of ./Miss_Rachel_Clint.pdf-Miss Rachel Clint varied. In her earlier statement she stated ‘there was a brief kiss which ./Miss_Rachel_Clint.pdf-was spontaneous and was a surprise to me’. The panel preferred the evidence of the ./Miss_Rachel_Clint.pdf-earlier witness statement as it was a more contemporaneous account of events and ./Miss_Rachel_Clint.pdf-agreed with Miss Rachel Clint’s account that it was a spontaneous event. Moreover, the ./Miss_Rachel_Clint.pdf-panel noted that her account was consistent with Pupil A’s recollection. Pupil A’s meeting ./Miss_Rachel_Clint.pdf-notes of the 12 October 2017 stated in relation to the kiss that it happened ./Miss_Rachel_Clint.pdf-‘spontaneously and inexplicably. It was certainly not something he had anticipated, ./Miss_Rachel_Clint.pdf-expected or sought to bring about. He believed that this was also true of Miss Rachel ./Monk_R_10540_Web_decision.pdf- camping on the School’s grounds, he: ./Monk_R_10540_Web_decision.pdf- ./Monk_R_10540_Web_decision.pdf- a. invited Pupil E into his flat and/or home, within the School’s grounds; ./Monk_R_10540_Web_decision.pdf- ./Monk_R_10540_Web_decision.pdf- b. whilst Pupil E was in his flat and/or home, he touched Pupil E’s chest and/or ./Monk_R_10540_Web_decision.pdf- groin/genital area. ./Monk_R_10540_Web_decision.pdf- ./Monk_R_10540_Web_decision.pdf- 5. In or around June 2013, whilst one or more pupils were camping on the School’s ./Monk_R_10540_Web_decision.pdf- grounds, he touched Pupil E on the groin/genital area. ./Monk_R_10540_Web_decision.pdf- ./Monk_R_10540_Web_decision.pdf: 6. His conduct as alleged in allegations 1 to 5, if proven, was sexually motivated. ./Monk_R_10540_Web_decision.pdf- ./Monk_R_10540_Web_decision.pdf-Mr Monk disputed the allegations and that as a result, this amounted to unacceptable ./Monk_R_10540_Web_decision.pdf-professional conduct and/or conduct that may bring the profession into disrepute. ./Monk_R_10540_Web_decision.pdf- ./Monk_R_10540_Web_decision.pdf- ./Monk_R_10540_Web_decision.pdf-C. Preliminary applications ./Monk_R_10540_Web_decision.pdf-The panel considered an application from the presenting officer to proceed in the ./Monk_R_10540_Web_decision.pdf-absence of Mr Monk. ./Monk_R_10540_Web_decision.pdf- ./Monk_R_10540_Web_decision.pdf- -- ./Monk_R_10540_Web_decision.pdf-the witnesses; that on balance, these were serious allegations and the public interest in ./Monk_R_10540_Web_decision.pdf-this hearing proceeding within a reasonable time was in favour of continuing the hearing. ./Monk_R_10540_Web_decision.pdf- ./Monk_R_10540_Web_decision.pdf-The panel subsequently heard an application from the presenting officer for the ./Monk_R_10540_Web_decision.pdf-categorisation of a number of witnesses as vulnerable or child witnesses. ./Monk_R_10540_Web_decision.pdf- ./Monk_R_10540_Web_decision.pdf-The panel directed that Pupils A, B and C were to be treated as vulnerable witnesses ./Monk_R_10540_Web_decision.pdf:since the panel was satisfied that the allegations against Mr Monk were of a sexual ./Monk_R_10540_Web_decision.pdf-nature and the relevant pupils were the alleged victims, which may have had an impact ./Monk_R_10540_Web_decision.pdf-on their evidence. In addition, in respect of Pupil A, as he would be under the age of 18 ./Monk_R_10540_Web_decision.pdf-at the start of the hearing, he could therefore also be classed as a child witness. The ./Monk_R_10540_Web_decision.pdf-witnesses were therefore known in the proceedings as Pupils A, B and C. A previous ./Monk_R_10540_Web_decision.pdf-case management hearing had already allowed for Pupil E to be treated as a vulnerable ./Monk_R_10540_Web_decision.pdf-and child witness. ./Monk_R_10540_Web_decision.pdf- ./Monk_R_10540_Web_decision.pdf-The panel carefully considered whether the pre-recorded police interview videos should ./Monk_R_10540_Web_decision.pdf-be admitted for Pupils A, B and C (as above, Pupil E’s police interview having already ./Monk_R_10540_Web_decision.pdf-been admitted). The panel considered its obligation to ensure that the teacher was not -- ./Monk_R_10540_Web_decision.pdf- ./Monk_R_10540_Web_decision.pdf-This was particularly the case, given Pupil E’s certainty regarding the events that ./Monk_R_10540_Web_decision.pdf-occurred that night and the way in which he was man-handled by Mr Monk, which came ./Monk_R_10540_Web_decision.pdf-across more clearly in his evidence to the police, than in respect of any earlier alleged ./Monk_R_10540_Web_decision.pdf-incidents. ./Monk_R_10540_Web_decision.pdf- ./Monk_R_10540_Web_decision.pdf-Taking all of this into account, and considering the standard of proof by which the panel ./Monk_R_10540_Web_decision.pdf-must measure the evidence before it, the panel found allegation 5 proven. ./Monk_R_10540_Web_decision.pdf- ./Monk_R_10540_Web_decision.pdf- ./Monk_R_10540_Web_decision.pdf: 6. Your conduct as alleged in allegations 1 to 5, if proven, was sexually ./Monk_R_10540_Web_decision.pdf- motivated. ./Monk_R_10540_Web_decision.pdf- ./Monk_R_10540_Web_decision.pdf-In respect of allegations 1, 2, 4 and 5, which have been found proven, the panel found ./Monk_R_10540_Web_decision.pdf:the allegation of sexual motivation proven on the balance of probabilities. This was ./Monk_R_10540_Web_decision.pdf:considered to be clearly the case, given that sexual motivation can be inferred from Mr ./Monk_R_10540_Web_decision.pdf-Monk’s conduct, and in particular, the touching of a number of pupils on the genital/groin ./Monk_R_10540_Web_decision.pdf-area, in some respects for several minutes. ./Monk_R_10540_Web_decision.pdf- ./Monk_R_10540_Web_decision.pdf-The panel has found the following particulars of the allegations against you not proven, ./Monk_R_10540_Web_decision.pdf-for these reasons: ./Monk_R_10540_Web_decision.pdf- ./Monk_R_10540_Web_decision.pdf- 3. In or around October/November 2012, during the School’s ‘Fright Night’ ./Monk_R_10540_Web_decision.pdf- event, you hugged Pupil E and/or touched his genital/groin area. ./Monk_R_10540_Web_decision.pdf- ./Monk_R_10540_Web_decision.pdf-The panel considered the pre-recorded video evidence of Pupil E, alongside other -- ./Monk_R_10540_Web_decision.pdf- statutory provisions; ./Monk_R_10540_Web_decision.pdf-  Teachers must have proper and professional regard for the ethos, policies and ./Monk_R_10540_Web_decision.pdf- practices of the school in which they teach… ./Monk_R_10540_Web_decision.pdf-  Teachers must have an understanding of, and always act within, the statutory ./Monk_R_10540_Web_decision.pdf- frameworks which set out their professional duties and responsibilities. ./Monk_R_10540_Web_decision.pdf-The panel was satisfied that the conduct of Mr Monk fell significantly short of the ./Monk_R_10540_Web_decision.pdf-standards expected of the profession. ./Monk_R_10540_Web_decision.pdf- ./Monk_R_10540_Web_decision.pdf-The panel also considered whether Mr Monk’s conduct displayed behaviours associated ./Monk_R_10540_Web_decision.pdf-with any of the offences listed on pages 10 and 11 of the Advice. The panel found that ./Monk_R_10540_Web_decision.pdf:the offence of sexual activity was relevant. ./Monk_R_10540_Web_decision.pdf- ./Monk_R_10540_Web_decision.pdf-The Advice indicates that where behaviours associated with such an offence exist, a ./Monk_R_10540_Web_decision.pdf-panel is likely to conclude that an individual’s conduct would amount to unacceptable ./Monk_R_10540_Web_decision.pdf-professional conduct. ./Monk_R_10540_Web_decision.pdf- ./Monk_R_10540_Web_decision.pdf-Accordingly, the panel was satisfied that Mr Monk was guilty of unacceptable ./Monk_R_10540_Web_decision.pdf-professional conduct. ./Monk_R_10540_Web_decision.pdf- ./Monk_R_10540_Web_decision.pdf-The panel also took into account the way the teaching profession is viewed by others and ./Monk_R_10540_Web_decision.pdf-considered the influence that teachers may have on pupils, parents and others in the -- ./Monk_R_10540_Web_decision.pdf-should be made, the panel had to consider whether it was an appropriate and ./Monk_R_10540_Web_decision.pdf-proportionate measure, and whether it was in the public interest to do so. Prohibition ./Monk_R_10540_Web_decision.pdf-orders should not be given in order to be punitive, or to show that blame has been ./Monk_R_10540_Web_decision.pdf-apportioned, although they are likely to have a punitive effect. ./Monk_R_10540_Web_decision.pdf- ./Monk_R_10540_Web_decision.pdf-The panel considered the particular public interest considerations set out in the Advice, ./Monk_R_10540_Web_decision.pdf-and having done so, found a number of them to be relevant in this case, namely the ./Monk_R_10540_Web_decision.pdf-protection of pupils, the maintenance of public confidence in the profession and declaring ./Monk_R_10540_Web_decision.pdf-and upholding proper standards of conduct. ./Monk_R_10540_Web_decision.pdf- ./Monk_R_10540_Web_decision.pdf:In light of the panel’s findings against Mr Monk which involved findings of sexual ./Monk_R_10540_Web_decision.pdf-misconduct against pupils of a young age, there was a strong public interest ./Monk_R_10540_Web_decision.pdf:consideration in respect of the protection of pupils given the serious findings of sexual ./Monk_R_10540_Web_decision.pdf-misconduct and inappropriate relationships with children. ./Monk_R_10540_Web_decision.pdf- ./Monk_R_10540_Web_decision.pdf-Similarly, the panel considered that public confidence in the profession could be seriously ./Monk_R_10540_Web_decision.pdf-weakened if conduct such as that found against Mr Monk were not treated with the ./Monk_R_10540_Web_decision.pdf-utmost seriousness when regulating the conduct of the profession. ./Monk_R_10540_Web_decision.pdf- ./Monk_R_10540_Web_decision.pdf-The panel also considered that a strong public interest consideration in declaring proper ./Monk_R_10540_Web_decision.pdf-standards of conduct in the profession was also present as the conduct found against Mr ./Monk_R_10540_Web_decision.pdf-Monk was outside that which could reasonably be tolerated. ./Monk_R_10540_Web_decision.pdf- -- ./Monk_R_10540_Web_decision.pdf-suggests that a prohibition order may be appropriate if certain behaviours of a teacher ./Monk_R_10540_Web_decision.pdf-have been proven. In the list of such behaviours, those that were relevant in this case ./Monk_R_10540_Web_decision.pdf-were: ./Monk_R_10540_Web_decision.pdf- ./Monk_R_10540_Web_decision.pdf-  serious departure from the personal and professional conduct elements of the ./Monk_R_10540_Web_decision.pdf- Teachers’ Standards; ./Monk_R_10540_Web_decision.pdf-  misconduct seriously affecting the education and/or well-being of pupils, and ./Monk_R_10540_Web_decision.pdf- particularly where there is a continuing risk; ./Monk_R_10540_Web_decision.pdf-  abuse of position or trust (particularly involving vulnerable pupils) or violation of the ./Monk_R_10540_Web_decision.pdf- rights of pupils; ./Monk_R_10540_Web_decision.pdf:  sexual misconduct, e.g. involving actions that were sexually motivated or of a ./Monk_R_10540_Web_decision.pdf: sexual nature and/or that use or exploit the trust, knowledge or influence derived ./Monk_R_10540_Web_decision.pdf- from the individual’s professional position. ./Monk_R_10540_Web_decision.pdf-Even though there were behaviours that would point to the appropriateness of a ./Monk_R_10540_Web_decision.pdf-prohibition order, the panel went on to consider whether or not there were sufficient ./Monk_R_10540_Web_decision.pdf-mitigating factors to militate against the appropriateness and proportionality of a ./Monk_R_10540_Web_decision.pdf-prohibition order, particularly taking into account the nature and severity of the behaviour ./Monk_R_10540_Web_decision.pdf-in this case. Whilst the panel found that Mr Monk did have a previously good record prior ./Monk_R_10540_Web_decision.pdf-to these allegations, as put forward in his own evidence, the witness statement of a ./Monk_R_10540_Web_decision.pdf-colleague and the secondary hearsay of a number of former pupils and/or their parents, it ./Monk_R_10540_Web_decision.pdf-was of the belief that no mitigation would be sufficient to justify not imposing a prohibition ./Monk_R_10540_Web_decision.pdf:order in respect of actions involving sexual misconduct in relation to young pupils. ./Monk_R_10540_Web_decision.pdf- ./Monk_R_10540_Web_decision.pdf-The panel first considered whether it would be proportionate to conclude this case with ./Monk_R_10540_Web_decision.pdf-no recommendation of prohibition, considering whether the publication of the findings ./Monk_R_10540_Web_decision.pdf-made by the panel was sufficient. ./Monk_R_10540_Web_decision.pdf- ./Monk_R_10540_Web_decision.pdf-The panel was of the view that applying the standard of the ordinary intelligent citizen, ./Monk_R_10540_Web_decision.pdf-recommending no prohibition order would not be a proportionate and appropriate ./Monk_R_10540_Web_decision.pdf-response. Recommending that publication of adverse findings was sufficient in this case ./Monk_R_10540_Web_decision.pdf-would unacceptably compromise the public interest considerations present, despite the ./Monk_R_10540_Web_decision.pdf-severity of consequences for the teacher of prohibition. -- ./Monk_R_10540_Web_decision.pdf-to have the prohibition order reviewed after a specified period of time that may not be ./Monk_R_10540_Web_decision.pdf-less than 2 years. ./Monk_R_10540_Web_decision.pdf- ./Monk_R_10540_Web_decision.pdf-The Advice indicates that there are behaviours that, if proven, would militate against the ./Monk_R_10540_Web_decision.pdf:recommendation of a review period. One of these behaviours is serious sexual ./Monk_R_10540_Web_decision.pdf:misconduct, e.g. where the act was sexually motivated and resulted in or had the ./Monk_R_10540_Web_decision.pdf-potential to result in, harm to a person or persons, particularly where the individual has ./Monk_R_10540_Web_decision.pdf-used their professional position to influence or exploit a person or persons. The panel ./Monk_R_10540_Web_decision.pdf:has found that Mr Monk has committed several acts of serious sexual misconduct given ./Monk_R_10540_Web_decision.pdf-the allegations found proven, which relate to touching pupils on the groin/genital area, ./Monk_R_10540_Web_decision.pdf-whilst they were in his care. ./Monk_R_10540_Web_decision.pdf- ./Monk_R_10540_Web_decision.pdf-The panel appreciated that in the absence of Mr Monk, it was not able to hear arguments ./Monk_R_10540_Web_decision.pdf-in respect of any possible insight and remorse on his behalf, but found that given the ./Monk_R_10540_Web_decision.pdf-allegations found proven, this would have been unlikely to have resulted in the imposition ./Monk_R_10540_Web_decision.pdf-of a less serious sanction. ./Monk_R_10540_Web_decision.pdf- ./Monk_R_10540_Web_decision.pdf-The panel therefore felt the findings indicated a situation in which a review period would ./Monk_R_10540_Web_decision.pdf-not be appropriate and as such decided that it would be proportionate in all the -- ./Monk_R_10540_Web_decision.pdf-  Teachers must have proper and professional regard for the ethos, policies and ./Monk_R_10540_Web_decision.pdf- practices of the school in which they teach; ./Monk_R_10540_Web_decision.pdf-  Teachers must have an understanding of, and always act within, the statutory ./Monk_R_10540_Web_decision.pdf- frameworks which set out their professional duties and responsibilities. ./Monk_R_10540_Web_decision.pdf- ./Monk_R_10540_Web_decision.pdf- ./Monk_R_10540_Web_decision.pdf- ./Monk_R_10540_Web_decision.pdf-The panel finds that the conduct of Mr Monk fell significantly short of the standards ./Monk_R_10540_Web_decision.pdf-expected of the profession. ./Monk_R_10540_Web_decision.pdf- ./Monk_R_10540_Web_decision.pdf:The findings of misconduct are particularly serious as they include a finding of sexual ./Monk_R_10540_Web_decision.pdf-misconduct. ./Monk_R_10540_Web_decision.pdf- ./Monk_R_10540_Web_decision.pdf-I have to determine whether the imposition of a prohibition order is proportionate and in ./Monk_R_10540_Web_decision.pdf-the public interest. In considering that for this case I have considered the overall aim of a ./Monk_R_10540_Web_decision.pdf-prohibition order which is to protect pupils and to maintain public confidence in the ./Monk_R_10540_Web_decision.pdf-profession. I have considered the extent to which a prohibition order in this case would ./Monk_R_10540_Web_decision.pdf-achieve that aim taking into account the impact that it will have on the individual teacher. ./Monk_R_10540_Web_decision.pdf-I have also asked myself whether or not a less intrusive measure, such as the published ./Monk_R_10540_Web_decision.pdf-finding of unacceptable professional conduct and conduct that may bring the profession ./Monk_R_10540_Web_decision.pdf-into disrepute, would itself be sufficient to achieve the overall aim. I have to consider ./Monk_R_10540_Web_decision.pdf-whether the consequences of such a publication are themselves sufficient. I have ./Monk_R_10540_Web_decision.pdf-considered therefore whether or not prohibiting Mr Monk, and the impact that will have on ./Monk_R_10540_Web_decision.pdf-him, is proportionate. ./Monk_R_10540_Web_decision.pdf- ./Monk_R_10540_Web_decision.pdf-In this case I have considered the extent to which a prohibition order would protect ./Monk_R_10540_Web_decision.pdf-children. The panel has observed, “In light of the panel’s findings against Mr Monk which ./Monk_R_10540_Web_decision.pdf:involved findings of sexual misconduct against pupils of a young age, there was a strong ./Monk_R_10540_Web_decision.pdf-public interest consideration in respect of the protection of pupils given the serious ./Monk_R_10540_Web_decision.pdf:findings of sexual misconduct and inappropriate relationships with children.” A prohibition ./Monk_R_10540_Web_decision.pdf-order would therefore prevent such a risk from being present. I have also taken into ./Monk_R_10540_Web_decision.pdf-account the panel’s comments on insight and remorse which the panel sets out as ./Monk_R_10540_Web_decision.pdf-follows, “The panel appreciated that in the absence of Mr Monk, it was not able to hear ./Monk_R_10540_Web_decision.pdf-arguments in respect of any possible insight and remorse on his behalf, but found that ./Monk_R_10540_Web_decision.pdf-given the allegations found proven, this would have been unlikely to have resulted in the ./Monk_R_10540_Web_decision.pdf-imposition of a less serious sanction.” In my judgement the lack of evidenced insight ./Monk_R_10540_Web_decision.pdf-means that there is some risk of the repetition of this behaviour and this risks future ./Monk_R_10540_Web_decision.pdf-pupils’ safety. I have therefore given this element considerable weight in reaching my ./Monk_R_10540_Web_decision.pdf-decision. ./Monk_R_10540_Web_decision.pdf- -- ./Monk_R_10540_Web_decision.pdf-against Mr Monk were not treated with the utmost seriousness when regulating the ./Monk_R_10540_Web_decision.pdf:conduct of the profession.” I am particularly mindful of the finding of sexual misconduct in ./Monk_R_10540_Web_decision.pdf-this case and the impact that such a finding has on the reputation of the profession. ./Monk_R_10540_Web_decision.pdf- ./Monk_R_10540_Web_decision.pdf-I have had to consider that the public has a high expectation of professional standards of ./Monk_R_10540_Web_decision.pdf-all teachers and that failure to impose a prohibition order might be regarded by the public ./Monk_R_10540_Web_decision.pdf-as a failure to uphold those high standards. In weighing these considerations I have had ./Monk_R_10540_Web_decision.pdf-to consider the matter from the point of view of an “ordinary intelligent and well-informed ./Monk_R_10540_Web_decision.pdf-citizen.” ./Monk_R_10540_Web_decision.pdf- ./Monk_R_10540_Web_decision.pdf-I have considered whether the publication of a finding of unacceptable professional ./Monk_R_10540_Web_decision.pdf-conduct, in the absence of a prohibition order, can itself be regarded by such a person as -- ./Monk_R_10540_Web_decision.pdf-comment it, “found that Mr Monk did have a previously good record prior to these ./Monk_R_10540_Web_decision.pdf-allegations, as put forward in his own evidence, the witness statement of a colleague and ./Monk_R_10540_Web_decision.pdf-the secondary hearsay of a number of former pupils and/or their parents” ./Monk_R_10540_Web_decision.pdf- ./Monk_R_10540_Web_decision.pdf-A prohibition order would prevent Mr Monk from continuing in the teaching profession. A ./Monk_R_10540_Web_decision.pdf-prohibition order would also clearly deprive the public of his contribution to the profession ./Monk_R_10540_Web_decision.pdf-for the period that it is in force. ./Monk_R_10540_Web_decision.pdf- ./Monk_R_10540_Web_decision.pdf-In this case I have placed considerable weight on the panel’s comments concerning ./Monk_R_10540_Web_decision.pdf-possible mitigation. The panel has said, “it was of the belief that no mitigation would be ./Monk_R_10540_Web_decision.pdf:sufficient to justify not imposing a prohibition order in respect of actions involving sexual ./Monk_R_10540_Web_decision.pdf-misconduct in relation to young pupils.” ./Monk_R_10540_Web_decision.pdf- ./Monk_R_10540_Web_decision.pdf-I have given less weight in my consideration of sanction therefore, to the contribution that ./Monk_R_10540_Web_decision.pdf-Mr Monk has made and is making to the profession. In my view it is necessary to impose ./Monk_R_10540_Web_decision.pdf-a prohibition order in order to maintain public confidence in the profession. A published ./Monk_R_10540_Web_decision.pdf-decision that is not backed up by remorse, insight or mitigation does not in my view ./Monk_R_10540_Web_decision.pdf-satisfy the public interest requirement concerning public confidence in the profession. ./Monk_R_10540_Web_decision.pdf- ./Monk_R_10540_Web_decision.pdf-For these reasons I have concluded that a prohibition order is proportionate and in the ./Monk_R_10540_Web_decision.pdf-public interest in order to achieve the aims which a prohibition order is intended to ./Monk_R_10540_Web_decision.pdf-achieve. ./Monk_R_10540_Web_decision.pdf- ./Monk_R_10540_Web_decision.pdf-I have gone on to consider the matter of a review period. In this case the panel has ./Monk_R_10540_Web_decision.pdf-recommended a no year review period. ./Monk_R_10540_Web_decision.pdf- ./Monk_R_10540_Web_decision.pdf-I have considered the panel’s comments, “The Advice indicates that there are behaviours ./Monk_R_10540_Web_decision.pdf-that, if proven, would militate against the recommendation of a review period. One of ./Monk_R_10540_Web_decision.pdf:these behaviours is serious sexual misconduct, e.g. where the act was sexually ./Monk_R_10540_Web_decision.pdf-motivated and resulted in or had the potential to result in, harm to a person or persons, ./Monk_R_10540_Web_decision.pdf- ./Monk_R_10540_Web_decision.pdf- 18 ./Monk_R_10540_Web_decision.pdf- -- ./Monk_R_10540_Web_decision.pdf-particularly where the individual has used their professional position to influence or ./Monk_R_10540_Web_decision.pdf-exploit a person or persons. The panel has found that Mr Monk has committed several ./Monk_R_10540_Web_decision.pdf:acts of serious sexual misconduct given the allegations found proven, which relate to ./Monk_R_10540_Web_decision.pdf-touching pupils on the groin/genital area, whilst they were in his care.” ./Monk_R_10540_Web_decision.pdf- ./Monk_R_10540_Web_decision.pdf-I have considered whether a no review period reflects the seriousness of the findings and ./Monk_R_10540_Web_decision.pdf-is a proportionate period to achieve the aim of maintaining public confidence in the ./Monk_R_10540_Web_decision.pdf-profession. In this case, in light of the serious nature of the misconduct found proven and ./Monk_R_10540_Web_decision.pdf-the lack of evidenced insight or remorse I agree with the panel that no review period is ./Monk_R_10540_Web_decision.pdf-required to satisfy the maintenance of public confidence in the profession. ./Monk_R_10540_Web_decision.pdf- ./Monk_R_10540_Web_decision.pdf-This means that Mr Russell Monk is prohibited from teaching indefinitely and ./Monk_R_10540_Web_decision.pdf-cannot teach in any school, sixth form college, relevant youth accommodation or ./Moore__Edward_web_decision.pdf-B. Allegations ./Moore__Edward_web_decision.pdf-The panel considered the allegations set out in the Notice of Proceedings dated 9 ./Moore__Edward_web_decision.pdf-November 2016. ./Moore__Edward_web_decision.pdf- ./Moore__Edward_web_decision.pdf-It was alleged that, Mr Edward Paul Moore, is guilty of having been convicted of a ./Moore__Edward_web_decision.pdf-relevant offence, in that: ./Moore__Edward_web_decision.pdf- ./Moore__Edward_web_decision.pdf- 1. On 13 March 2015 at Guildford Crown Court he was convicted of the offence ./Moore__Edward_web_decision.pdf: of engaging in sexual activity with a Female 13-17 years, where the offender ./Moore__Edward_web_decision.pdf- does not reasonably believe the victim to be 18 years old and Abuses a ./Moore__Edward_web_decision.pdf- Position of Trust, contrary to Section 16 (1)(a) of the Sexual Offences Act ./Moore__Edward_web_decision.pdf- 2003. He was sentenced to 5 months Imprisonment and to sign on the Sex ./Moore__Edward_web_decision.pdf- Offenders Register for a period of 10 years; ./Moore__Edward_web_decision.pdf- ./Moore__Edward_web_decision.pdf- 2. On 13 March 2015 at Guildford Crown Court he was convicted of the offence ./Moore__Edward_web_decision.pdf: of engaging in sexual activity with a Female 13-17 years, where the offender ./Moore__Edward_web_decision.pdf- does not reasonably believe the victim to be 18 years old and Abuses a ./Moore__Edward_web_decision.pdf- Position of Trust, contrary to Section 16 (1)(a) of the Sexual Offences Act ./Moore__Edward_web_decision.pdf- 2003. He was sentenced to 9 months Imprisonment to run concurrent to the ./Moore__Edward_web_decision.pdf- prison sentence set out above and ordered to pay a victim surcharge of ./Moore__Edward_web_decision.pdf- £100. ./Moore__Edward_web_decision.pdf- ./Moore__Edward_web_decision.pdf-In the Notice of Referral form, signed by Mr Moore on 25 August 2016 and the Statement ./Moore__Edward_web_decision.pdf-of Agreed Facts signed by Mr Moore on 1 October 2016, Mr Moore admitted the facts of ./Moore__Edward_web_decision.pdf-the allegations. ./Moore__Edward_web_decision.pdf- -- ./Moore__Edward_web_decision.pdf-The panel has carefully considered the case before it and has reached a decision. ./Moore__Edward_web_decision.pdf- ./Moore__Edward_web_decision.pdf-The panel confirms that it has read all the documents provided in the bundle in advance ./Moore__Edward_web_decision.pdf-of the hearing. ./Moore__Edward_web_decision.pdf- ./Moore__Edward_web_decision.pdf-Mr Edward Paul Moore (“Mr Moore”) was employed at [redacted] School (the “School”) ./Moore__Edward_web_decision.pdf:from 1 September 2012. Mr Moore was convicted of engaging in sexual activity with a ./Moore__Edward_web_decision.pdf-sixth form student during his employment at the School. On 27 August 2014, Mr Moore ./Moore__Edward_web_decision.pdf-was arrested by Surrey Police and released on bail. On the same date, Mr Moore ./Moore__Edward_web_decision.pdf-resigned from the School. ./Moore__Edward_web_decision.pdf- ./Moore__Edward_web_decision.pdf:On 13 March 2015, Mr Moore was convicted of two offences of engaging in sexual ./Moore__Edward_web_decision.pdf-activity with a female 13-17 years, where the offender does not reasonably believe the ./Moore__Edward_web_decision.pdf-victim to be 18 years old and abuse of a position of trust, contrary to Section 16 (1)(a) of ./Moore__Edward_web_decision.pdf-the Sexual Offences Act 2003. Mr Moore was sentenced on 17 April 2015 to concurrent ./Moore__Edward_web_decision.pdf-prison sentences of 5 months and 9 months. He was also sentenced to pay a victim ./Moore__Edward_web_decision.pdf-surcharge of £100 and placed on the Sex Offenders Register for a period of 10 years. ./Moore__Edward_web_decision.pdf- ./Moore__Edward_web_decision.pdf-Findings of fact ./Moore__Edward_web_decision.pdf-Our findings of fact are as follows: ./Moore__Edward_web_decision.pdf- ./Moore__Edward_web_decision.pdf-The panel has found the following particulars of the allegations against you, Mr Moore, ./Moore__Edward_web_decision.pdf-proven, for these reasons: ./Moore__Edward_web_decision.pdf- ./Moore__Edward_web_decision.pdf- 1. On 13 March 2015 at Guildford Crown Court you were convicted of the ./Moore__Edward_web_decision.pdf: offence of engaging in sexual activity with a Female 13-17 years, where the ./Moore__Edward_web_decision.pdf- offender does not reasonably believe the victim to be 18 years old and ./Moore__Edward_web_decision.pdf- Abuses a Position of Trust, contrary to Section 16 (1)(a) of the Sexual ./Moore__Edward_web_decision.pdf- Offences Act 2003. You were sentenced to 5 months Imprisonment and to ./Moore__Edward_web_decision.pdf- sign on the Sex Offenders Register for a period of 10 years; ./Moore__Edward_web_decision.pdf- ./Moore__Edward_web_decision.pdf-In relation to this allegation, the panel notes the PNC record contained within the bundle ./Moore__Edward_web_decision.pdf-of documents (p.85 to p.87) confirms that Mr Moore was convicted of the offence of ./Moore__Edward_web_decision.pdf:engaging in sexual activity with a female where the offender does not reasonably believe ./Moore__Edward_web_decision.pdf-the victim to be over 18 years old. The Certificate of Conviction of Guildford Crown Court ./Moore__Edward_web_decision.pdf-also confirms that Mr Moore admitted to this offence (p.17 and p.18). ./Moore__Edward_web_decision.pdf- ./Moore__Edward_web_decision.pdf-The panel notes that Mr Moore has admitted having been convicted of this offence in the ./Moore__Edward_web_decision.pdf-Agreed of Statement of Facts (p.10 and p.11). This allegation is therefore, found proven. ./Moore__Edward_web_decision.pdf- ./Moore__Edward_web_decision.pdf- 2. On 13 March 2015 at Guildford Crown Court you were convicted of the ./Moore__Edward_web_decision.pdf: offence of engaging in sexual activity with a Female 13-17 years, where the ./Moore__Edward_web_decision.pdf- offender does not reasonably believe the victim to be 18 years old and ./Moore__Edward_web_decision.pdf- Abuses a Position of Trust, contrary to Section 16 (1)(a) of the Sexual ./Moore__Edward_web_decision.pdf- Offences Act 2003. You were sentenced to 9 months Imprisonment to run ./Moore__Edward_web_decision.pdf- ./Moore__Edward_web_decision.pdf- ./Moore__Edward_web_decision.pdf- 6 ./Moore__Edward_web_decision.pdf- -- ./Moore__Edward_web_decision.pdf- concurrent to the prison sentence set out above and ordered to pay a victim ./Moore__Edward_web_decision.pdf- surcharge of £100. ./Moore__Edward_web_decision.pdf- ./Moore__Edward_web_decision.pdf-In relation to this allegation, the panel notes the PNC record contained within the bundle ./Moore__Edward_web_decision.pdf-of documents (p.85 to p.87) confirms that Mr Moore was convicted of the offence of ./Moore__Edward_web_decision.pdf:engaging in sexual activity where the offender does not reasonably believe the victim to ./Moore__Edward_web_decision.pdf-be over 18 years old. The Certificate of Conviction of Guildford Crown Court also ./Moore__Edward_web_decision.pdf-confirms that Mr Moore admitted to this offence (p.17 and p.18). ./Moore__Edward_web_decision.pdf- ./Moore__Edward_web_decision.pdf-The panel notes that Mr Moore has admitted having been convicted of this offence in the ./Moore__Edward_web_decision.pdf-Agreed Statement of Facts (p.10 and p.11). This allegation is therefore, found proven. ./Moore__Edward_web_decision.pdf- ./Moore__Edward_web_decision.pdf-Findings as to conviction of a relevant offence ./Moore__Edward_web_decision.pdf-The panel is satisfied that the conduct of Mr Moore in relation to the facts found proven, ./Moore__Edward_web_decision.pdf-involved breaches of the Teachers’ Standards. The panel considers that by reference to ./Moore__Edward_web_decision.pdf-part two, Mr Moore is in breach of the following standards: -- ./Moore__Edward_web_decision.pdf- at all times observing proper boundaries appropriate to a teacher’s ./Moore__Edward_web_decision.pdf- professional position; ./Moore__Edward_web_decision.pdf-  Teachers must have proper and professional regard for the ethos, policies and ./Moore__Edward_web_decision.pdf- practices of the school in which they teach, and maintain high standards in their ./Moore__Edward_web_decision.pdf- own attendance and punctuality. ./Moore__Edward_web_decision.pdf- ./Moore__Edward_web_decision.pdf-  Teachers must have an understanding of, and always act within, the statutory ./Moore__Edward_web_decision.pdf- frameworks which set out their professional duties and responsibilities. ./Moore__Edward_web_decision.pdf- ./Moore__Edward_web_decision.pdf-The panel notes that Mr Moore’s actions were relevant to teaching, working with children ./Moore__Edward_web_decision.pdf:and/or working in an education setting as he admits he engaged in sexual activity with a ./Moore__Edward_web_decision.pdf-current sixth form pupil. The panel notes that the Teacher Misconduct – Prohibition of ./Moore__Edward_web_decision.pdf-Teachers Advice (the “Advice”) indicates that it is likely that if offences lead to a term of ./Moore__Edward_web_decision.pdf:imprisonment or involve sexual activity, they will be considered a relevant offence. Both ./Moore__Edward_web_decision.pdf-of these criteria are met by the facts relating to this case and the panel sees no reason to ./Moore__Edward_web_decision.pdf-depart from the Advice. ./Moore__Edward_web_decision.pdf- ./Moore__Edward_web_decision.pdf-The panel notes that the behaviour involved in committing the offences could have had ./Moore__Edward_web_decision.pdf-an impact on the safety or security of pupils given the nature of the conviction (which ./Moore__Edward_web_decision.pdf-could have led to serious harm against children occurring, although the panel notes that it ./Moore__Edward_web_decision.pdf-does not know the full facts leading to Mr Moore’s conviction). ./Moore__Edward_web_decision.pdf- ./Moore__Edward_web_decision.pdf-The panel has also taken account of how the teaching profession is viewed by others. ./Moore__Edward_web_decision.pdf-The panel considered that Mr Moore’s behaviour in committing the offences could affect -- ./Moore__Edward_web_decision.pdf-the public confidence in the teaching profession given the influence that teachers may ./Moore__Edward_web_decision.pdf-have on pupils, parents and others in the community. ./Moore__Edward_web_decision.pdf- ./Moore__Edward_web_decision.pdf-The panel notes that Mr Moore’s behaviour has ultimately led to him receiving a sentence ./Moore__Edward_web_decision.pdf-of imprisonment which is indicative of the seriousness of the offences committed. ./Moore__Edward_web_decision.pdf- ./Moore__Edward_web_decision.pdf:The panel also notes that this is a case involving offences involving sexual activity, which ./Moore__Edward_web_decision.pdf-the Advice states are likely to be considered relevant offences. ./Moore__Edward_web_decision.pdf- ./Moore__Edward_web_decision.pdf-The panel takes into account the written evidence that has been adduced attesting to Mr ./Moore__Edward_web_decision.pdf-Moore’s capability, enthusiasm and flair as a teacher as a music specialist (p.91 to ./Moore__Edward_web_decision.pdf-p.107). The panel also takes into consideration the written statements of Mr Moore’s ./Moore__Edward_web_decision.pdf-former colleagues and associates that Mr Moore suffered excessive pressure following ./Moore__Edward_web_decision.pdf-the disclosure of safeguarding issues by Pupil A (p.98). The panel also has regard to Mr ./Moore__Edward_web_decision.pdf-Moore’s written account that he much regrets the acts leading to the convictions and that ./Moore__Edward_web_decision.pdf-he has learnt from his behaviour at the time (p.88 and p.92 to p.94). The panel is ./Moore__Edward_web_decision.pdf-satisfied on the basis of the documents it has seen that Mr Moore’s remorse is profound -- ./Moore__Edward_web_decision.pdf-There is a strong public interest consideration in the protection of pupils given the serious ./Moore__Edward_web_decision.pdf:findings of inappropriate relations giving rise to the convictions (i.e. namely sexual activity ./Moore__Edward_web_decision.pdf-with a person under the age of 18 and abusing a position of trust). ./Moore__Edward_web_decision.pdf- ./Moore__Edward_web_decision.pdf-Similarly, the panel considers that public confidence in the profession would be seriously ./Moore__Edward_web_decision.pdf-weakened if conduct such as that found against Mr Moore was not treated with the ./Moore__Edward_web_decision.pdf-utmost seriousness when regulating the conduct of the profession. ./Moore__Edward_web_decision.pdf- ./Moore__Edward_web_decision.pdf-The panel considers that a strong public interest consideration in declaring proper ./Moore__Edward_web_decision.pdf-standards of conduct in the profession is also present as the conduct found against Mr ./Moore__Edward_web_decision.pdf-Moore was outside that which could reasonably be tolerated (particularly, in light of the ./Moore__Edward_web_decision.pdf-abuse of the position in trust aspect of the conviction). -- ./Moore__Edward_web_decision.pdf-Moore. The panel took further account of the Advice, which suggests that a prohibition ./Moore__Edward_web_decision.pdf-order may be appropriate if certain behaviours of a teacher have been proven. In the list ./Moore__Edward_web_decision.pdf-of such behaviours, those that are relevant in this case are: ./Moore__Edward_web_decision.pdf- ./Moore__Edward_web_decision.pdf-  serious departure from the personal and professional conduct elements of the ./Moore__Edward_web_decision.pdf- Teachers’ Standards; ./Moore__Edward_web_decision.pdf-  misconduct seriously affecting the education and/or well-being of pupils, and ./Moore__Edward_web_decision.pdf- particularly where there is a continuing risk; ./Moore__Edward_web_decision.pdf-  abuse of position or trust (particularly involving vulnerable pupils) or violation of the ./Moore__Edward_web_decision.pdf- rights of pupils; ./Moore__Edward_web_decision.pdf:  sexual misconduct, e.g. involving actions that were sexually motivated or of a ./Moore__Edward_web_decision.pdf: sexual nature and/or that use or exploit the trust, knowledge or influence derived ./Moore__Edward_web_decision.pdf- from the individual’s professional position; ./Moore__Edward_web_decision.pdf-  the commission of a serious criminal offence, including those that resulted in a ./Moore__Edward_web_decision.pdf- conviction or caution, paying particular attention to offences that are ‘relevant ./Moore__Edward_web_decision.pdf- matters’ for the purposes of The Police Act 1997 and criminal record disclosures. ./Moore__Edward_web_decision.pdf- ./Moore__Edward_web_decision.pdf-If a person has more than one conviction, then any convictions (including spent ./Moore__Edward_web_decision.pdf-convictions) are included under the definition of “relevant matters” for the purposes of the ./Moore__Edward_web_decision.pdf-Police Act 1997. ./Moore__Edward_web_decision.pdf- ./Moore__Edward_web_decision.pdf-Even though there were behaviours that would point to the appropriateness of a -- ./Moore__Edward_web_decision.pdf-handwritten statement in which he outlined that he deeply regretted his actions and had ./Moore__Edward_web_decision.pdf-learnt from his behaviour (p.91 to p.107). The panel had no evidence before it which ./Moore__Edward_web_decision.pdf-indicated that apart from his convictions, Mr Moore’s teaching record was anything other ./Moore__Edward_web_decision.pdf-than positive. In fact, the panel notes that there are multiple statements from Mr Moore’s ./Moore__Edward_web_decision.pdf-former colleagues and associates which attest to Mr Moore’s integrity and character and ./Moore__Edward_web_decision.pdf-his ability as a musician and a teacher. ./Moore__Edward_web_decision.pdf- ./Moore__Edward_web_decision.pdf-Mr Moore has however admitted that his conduct was inappropriate and the panel notes ./Moore__Edward_web_decision.pdf-that there is no suggestion by Mr Moore that his actions were not deliberate. There was ./Moore__Edward_web_decision.pdf-also no evidence that he was acting under duress. Further, the panel considered that the ./Moore__Edward_web_decision.pdf:facts giving rise to his conviction show that his behaviour was sexually motivated. ./Moore__Edward_web_decision.pdf- ./Moore__Edward_web_decision.pdf-The panel is therefore of the view that a prohibition order is both proportionate and ./Moore__Edward_web_decision.pdf-appropriate. It has decided that the public interest considerations outweigh the interests ./Moore__Edward_web_decision.pdf-of Mr Moore. The panel considers the conviction of the relevant offences to be a ./Moore__Edward_web_decision.pdf-significant breach of trust that is incompatible with his teaching in a school or college or in ./Moore__Edward_web_decision.pdf-any other capacity. Accordingly, the panel makes a recommendation to the Secretary of ./Moore__Edward_web_decision.pdf-State that a prohibition order should be imposed with immediate effect. ./Moore__Edward_web_decision.pdf- ./Moore__Edward_web_decision.pdf-The panel went on to consider whether or not it would be appropriate to recommend that ./Moore__Edward_web_decision.pdf-a review period of the prohibition order should be considered. The panel is mindful that ./Moore__Edward_web_decision.pdf-the Teacher Misconduct – Prohibition of Teacher’s Advice advises that a prohibition order ./Moore__Edward_web_decision.pdf-applies for life but there may be circumstances in any given case that may make it ./Moore__Edward_web_decision.pdf-appropriate to allow a teacher to apply to have a prohibition order reviewed after a ./Moore__Edward_web_decision.pdf-specified period of time that may not be less than two years. ./Moore__Edward_web_decision.pdf- ./Moore__Edward_web_decision.pdf-The Teacher Misconduct – Prohibition of Teacher’s Advice indicates that there are ./Moore__Edward_web_decision.pdf-behaviours that, if proven, would militate against the recommendation of a review period. ./Moore__Edward_web_decision.pdf:One of those behaviours includes serious sexual misconduct e.g. where the act was ./Moore__Edward_web_decision.pdf:sexually motivated and resulted in, or had the potential to result in, harm to a person or ./Moore__Edward_web_decision.pdf-persons, particularly where the individual had used their professional position to influence ./Moore__Edward_web_decision.pdf-or exploit a person. Although the panel has limited information in respect of Mr Moore’s ./Moore__Edward_web_decision.pdf:convictions, it is clear that the convictions relate to sexual activity with an under 18 year- ./Moore__Edward_web_decision.pdf-old whilst Mr Moore was in a position of trust. ./Moore__Edward_web_decision.pdf- ./Moore__Edward_web_decision.pdf-However, the panel accepts that a prohibition order should not be punitive. The panel ./Moore__Edward_web_decision.pdf-finds it persuasive that the Court, which had the benefit of knowledge of the full facts of ./Moore__Edward_web_decision.pdf-the case giving rise to the conviction, had decided that the public (and children) would be ./Moore__Edward_web_decision.pdf:sufficiently protected by Mr Moore’s being placed on the sexual offenders register for a ./Moore__Edward_web_decision.pdf-time restricted period of 10 years only. ./Moore__Edward_web_decision.pdf- ./Moore__Edward_web_decision.pdf- 10 ./Moore__Edward_web_decision.pdf- -- ./Moore__Edward_web_decision.pdf-prohibition order might be set aside, Mr Moore would still have to explain the nature of his ./Moore__Edward_web_decision.pdf-convictions to the review panel at any set aside hearing and also explain how he had ./Moore__Edward_web_decision.pdf-reflected on his actions and taken steps to rehabilitate himself. Further, Mr Moore’s ./Moore__Edward_web_decision.pdf-convictions would appear on any relevant criminal record checks and this would allow ./Moore__Edward_web_decision.pdf-any subsequent employer to take any appropriate steps they thought necessary to ./Moore__Edward_web_decision.pdf-protect and safeguard children. ./Moore__Edward_web_decision.pdf- ./Moore__Edward_web_decision.pdf-Therefore, for the reasons set out above, the panel’s findings indicate a situation in which ./Moore__Edward_web_decision.pdf-a review period is appropriate. Accordingly, the panel has decided that it is proportionate ./Moore__Edward_web_decision.pdf-in all the circumstances for the prohibition order to be recommended with provisions for a ./Moore__Edward_web_decision.pdf:review period of 9 years in line with when Mr Moore no longer appears on the sexual ./Moore__Edward_web_decision.pdf-offenders register. ./Moore__Edward_web_decision.pdf- ./Moore__Edward_web_decision.pdf- ./Moore__Edward_web_decision.pdf-Decision and reasons on behalf of the Secretary of State ./Moore__Edward_web_decision.pdf-I have carefully considered the recommendations made by the panel both in respect of ./Moore__Edward_web_decision.pdf-sanction and review. ./Moore__Edward_web_decision.pdf- ./Moore__Edward_web_decision.pdf-Mr Moore has been found guilty of two relevant offences. The panel has found both ./Moore__Edward_web_decision.pdf-allegations to be proven, and Mr Moore has admitted that he has been convicted of these ./Moore__Edward_web_decision.pdf-offences. I find the panel noted that the Advice indicates that it is likely that if offences ./Moore__Edward_web_decision.pdf:lead to a term of imprisonment or involve sexual activity, they will be considered a ./Moore__Edward_web_decision.pdf-relevant offence. Additionally, the facts have been proved on the basis of the Certificate ./Moore__Edward_web_decision.pdf-of Conviction from Guildford Crown Court. ./Moore__Edward_web_decision.pdf- ./Moore__Edward_web_decision.pdf-I have noted that the panel has made reference to part two of the Advice published by ./Moore__Edward_web_decision.pdf-the Secretary of State, and they found Mr Moore in breach of the following standards: ./Moore__Edward_web_decision.pdf- ./Moore__Edward_web_decision.pdf-  Teachers uphold public trust in the profession and maintain high standards of ./Moore__Edward_web_decision.pdf- ethics and behaviour, within and outside school, by ./Moore__Edward_web_decision.pdf- ./Moore__Edward_web_decision.pdf- -- ./Moore__Edward_web_decision.pdf-serious findings of inappropriate relations giving rise to the convictions. ./Moore__Edward_web_decision.pdf- ./Moore__Edward_web_decision.pdf-In this case the behaviours that have been found proven and that are relevant are: ./Moore__Edward_web_decision.pdf- ./Moore__Edward_web_decision.pdf-  serious departure from the personal and professional conduct elements of the ./Moore__Edward_web_decision.pdf- Teachers’ Standards; ./Moore__Edward_web_decision.pdf-  misconduct seriously affecting the education and/or well-being of pupils, and ./Moore__Edward_web_decision.pdf- particularly where there is a continuing risk; ./Moore__Edward_web_decision.pdf-  abuse of position or trust (particularly involving vulnerable pupils) or violation of the ./Moore__Edward_web_decision.pdf- rights of pupils; ./Moore__Edward_web_decision.pdf:  sexual misconduct, e.g. involving actions that were sexually motivated or of a ./Moore__Edward_web_decision.pdf: sexual nature and/or that use or exploit the trust, knowledge or influence derived ./Moore__Edward_web_decision.pdf- from the individual’s professional position; ./Moore__Edward_web_decision.pdf-  the commission of a serious criminal offence, including those that resulted in a ./Moore__Edward_web_decision.pdf- conviction or caution, paying particular attention to offences that are ‘relevant ./Moore__Edward_web_decision.pdf- matters’ for the purposes of The Police Act 1997 and criminal record disclosures. ./Moore__Edward_web_decision.pdf- ./Moore__Edward_web_decision.pdf-I note the panel went on to consider whether or not there were sufficient mitigating ./Moore__Edward_web_decision.pdf-factors to militate against a prohibition order being an appropriate and proportionate ./Moore__Edward_web_decision.pdf-measure to impose. I note that the panel has taken particular account of Mr Moore’s ./Moore__Edward_web_decision.pdf-statement where he outlined that he deeply regretted his actions, and had learnt from his ./Moore__Edward_web_decision.pdf-behaviour. I note the panel’s consideration of multiple statements from Mr Moore’s former -- ./Moore__Edward_web_decision.pdf-note the panel considers the conviction of the relevant offences to be a significant breach ./Moore__Edward_web_decision.pdf-of trust that is incompatible with his teaching in a school or college or in any other ./Moore__Edward_web_decision.pdf-capacity. I agree with the panel’s view. For the reasons set out above, I support the ./Moore__Edward_web_decision.pdf-recommendation of the panel that Mr Moore be prohibited from teaching. ./Moore__Edward_web_decision.pdf- ./Moore__Edward_web_decision.pdf-I now turn to the matter of a review period. I have taken into account the Advice. Once ./Moore__Edward_web_decision.pdf-again I have weighed the public interest and the interests of Mr Moore, and have taken ./Moore__Edward_web_decision.pdf-into account the need to be proportionate. ./Moore__Edward_web_decision.pdf- ./Moore__Edward_web_decision.pdf-The Advice indicates that there are behaviours that, if proven, would militate against a ./Moore__Edward_web_decision.pdf:review period being recommended. These behaviours include serious sexual ./Moore__Edward_web_decision.pdf-misconduct. ./Moore__Edward_web_decision.pdf- ./Moore__Edward_web_decision.pdf-I am mindful however that the panel finds it persuasive that the Court, which had the ./Moore__Edward_web_decision.pdf-benefit of knowledge of the full facts, has decided that the public (and children) would be ./Moore__Edward_web_decision.pdf:sufficiently protected by Mr Moore being placed on the sexual offenders register for 10 ./Moore__Edward_web_decision.pdf-years only. ./Moore__Edward_web_decision.pdf- ./Moore__Edward_web_decision.pdf-The panel have taken a pragmatic and sensible approach in their deliberations. The ./Moore__Edward_web_decision.pdf-panel has decided that it is proportionate in the circumstances for the prohibition order to ./Moore__Edward_web_decision.pdf-be recommended with provisions for a review period of 9 years – in line with the date ./Moore__Edward_web_decision.pdf:when Mr Moore no longer appears on the sexual offenders register. ./Moore__Edward_web_decision.pdf- ./Moore__Edward_web_decision.pdf-Mr Moore would be able to apply for the lifting of this prohibition order at the end of this ./Moore__Edward_web_decision.pdf-period, and the public would benefit from having access to an intelligent and enthusiastic ./Moore__Edward_web_decision.pdf-music teacher. I agree with the panel that Mr Moore’s convictions would appear on any ./Moore__Edward_web_decision.pdf-relevant criminal records checks, enabling appropriate steps to be taken to protect and ./Moore__Edward_web_decision.pdf-safeguard children. ./Moore__Edward_web_decision.pdf- ./Moore__Edward_web_decision.pdf-For these reasons I support the recommendation of the panel that this prohibition order ./Moore__Edward_web_decision.pdf-should be with the provision for a review period of 9 years. ./Moore__Edward_web_decision.pdf- ./Mowbray_Decision.pdf-Allegations ./Mowbray_Decision.pdf-The panel considered the allegations set out in the Notice of Meeting dated 5 May 2022. ./Mowbray_Decision.pdf- ./Mowbray_Decision.pdf-It was alleged that Mr Matthew Mowbray had been convicted at any time of a relevant ./Mowbray_Decision.pdf-offence, in that, on or around 17 December 2020, he was convicted at Reading Crown ./Mowbray_Decision.pdf-Court of: ./Mowbray_Decision.pdf- ./Mowbray_Decision.pdf: 1. eight offences of sexual activity with male children under the age of 16, between 1 ./Mowbray_Decision.pdf- September 2012 and 14 May 2019 contrary to the Sexual Offences Act, s.9(a), and ./Mowbray_Decision.pdf- ./Mowbray_Decision.pdf- 2. six offences of making indecent photographs or pseudo photographs of children ./Mowbray_Decision.pdf- between 14 July 2019 and 23 May 2019 contrary to the Protection of Children Act ./Mowbray_Decision.pdf- 1978 s.1(a), and ./Mowbray_Decision.pdf- ./Mowbray_Decision.pdf- 3. one offence of voyeurism, recording a person doing a private act on 23 May 2019 ./Mowbray_Decision.pdf- contrary to the Sexual Offences Act 2003, s67(3). ./Mowbray_Decision.pdf- ./Mowbray_Decision.pdf-Mr Mowbray admitted the above allegations and signed a statement of agreed facts to -- ./Mowbray_Decision.pdf- ./Mowbray_Decision.pdf-In advance of the meeting, the TRA agreed to a request from Mr Mowbray for the ./Mowbray_Decision.pdf-allegations to be considered without a hearing. The panel had the ability to direct that the ./Mowbray_Decision.pdf-case be considered at a hearing if required in the interests of justice or in the public ./Mowbray_Decision.pdf-interest. The panel did not determine that such a direction was necessary or appropriate ./Mowbray_Decision.pdf-in this case. ./Mowbray_Decision.pdf- ./Mowbray_Decision.pdf-Mr Matthew Mowbray was employed at Eton College between 1 September 1993 and 3 ./Mowbray_Decision.pdf-March 2020 as a geography teacher and as a housemaster from 7 September 2010. ./Mowbray_Decision.pdf- ./Mowbray_Decision.pdf:On 17 May 2019 Mr Mowbray was arrested on suspicion of sexual assault and released ./Mowbray_Decision.pdf-on police bail. He was subsequently charged with 16 offences, comprising nine counts of ./Mowbray_Decision.pdf:sexual activity with a child under the age of 16, six counts of making indecent ./Mowbray_Decision.pdf-photographs/pseudo photographs of children and one count of voyeurism recording a ./Mowbray_Decision.pdf-person doing a private act. He pleaded guilty to the six counts of making indecent ./Mowbray_Decision.pdf-photographs/pseudo photographs and not guilty to the remaining 10 counts. He was tried ./Mowbray_Decision.pdf-at the Crown Court at Reading before [REDACTED] The jury returned verdicts of guilty in ./Mowbray_Decision.pdf:relation to eight of the nine counts of sexual activity with a child and the one count of ./Mowbray_Decision.pdf-voyeurism. ./Mowbray_Decision.pdf- ./Mowbray_Decision.pdf-Mr Mowbray was sentenced to an effective total of five years imprisonment. He was ./Mowbray_Decision.pdf-made the subject of a Sexual Harm Prevention Order for 10 years and a Sex Offenders ./Mowbray_Decision.pdf-notice for life. ./Mowbray_Decision.pdf- ./Mowbray_Decision.pdf-Findings of fact ./Mowbray_Decision.pdf- ./Mowbray_Decision.pdf-The findings of fact are as follows: ./Mowbray_Decision.pdf- -- ./Mowbray_Decision.pdf: 1. eight offences of sexual activity with male children under the age of 16, ./Mowbray_Decision.pdf- between 1 September 2012 and 14 May 2019 contrary to the Sexual Offences ./Mowbray_Decision.pdf- Act, s.9(a), and ./Mowbray_Decision.pdf- ./Mowbray_Decision.pdf- 2. six offences of making indecent photographs or pseudo photographs of ./Mowbray_Decision.pdf- children between 14 July 2019 and 23 May 2019 contrary to the Protection of ./Mowbray_Decision.pdf- Children Act 1978 s.1(a), and ./Mowbray_Decision.pdf- ./Mowbray_Decision.pdf- 3. one offence of voyeurism, recording a person doing a private act on 23 May ./Mowbray_Decision.pdf- 2019 contrary to the Sexual Offences Act 2003, s67(3). ./Mowbray_Decision.pdf- ./Mowbray_Decision.pdf-Mr Mowbray admitted that he was convicted of these offences and signed a statement of ./Mowbray_Decision.pdf-agreed facts to that effect. The panel was also provided with a certificate of conviction ./Mowbray_Decision.pdf-from the Crown Court at Reading, which the panel was advised should be treated as ./Mowbray_Decision.pdf-conclusive proof of the commission of the offences concerned. ./Mowbray_Decision.pdf- ./Mowbray_Decision.pdf-The panel was also provided with a transcript of the sentencing hearing. This described ./Mowbray_Decision.pdf:the offences of sexual activity with a child as involving four boys over a period of six ./Mowbray_Decision.pdf-years. Further, that when Mr Mowbray was arrested for those offences, the police found ./Mowbray_Decision.pdf-approximately 4,500 indecent images of children on his computer. As regards the offence ./Mowbray_Decision.pdf-of voyeurism, this was described as Mr Mowbray covertly filming a child dressing or ./Mowbray_Decision.pdf-undressing in the privacy of his own room. ./Mowbray_Decision.pdf- ./Mowbray_Decision.pdf-The panel found allegations 1, 2 and 3 proved. ./Mowbray_Decision.pdf- ./Mowbray_Decision.pdf-Findings as to conviction of a relevant offence ./Mowbray_Decision.pdf- ./Mowbray_Decision.pdf-Having found the allegations proved, the panel went on to consider whether the facts of -- ./Mowbray_Decision.pdf-The panel also took account of the way the teaching profession is viewed by others. The ./Mowbray_Decision.pdf-panel considered that Mr Mowbray's behaviour in committing the offences would affect ./Mowbray_Decision.pdf-public confidence in the teaching profession, given the influence that teachers may have ./Mowbray_Decision.pdf-on pupils, parents and others in the community. ./Mowbray_Decision.pdf- ./Mowbray_Decision.pdf-The panel noted that Mr Mowbray's behaviour ultimately led to a significant sentence of ./Mowbray_Decision.pdf-imprisonment, which was indicative of the seriousness of the offences committed. ./Mowbray_Decision.pdf- ./Mowbray_Decision.pdf-The panel noted that the judge said that Mr Mowbray did have a previously good history. ./Mowbray_Decision.pdf-The sentencing transcript also referred to [REDACTED] as factors that contributed to the ./Mowbray_Decision.pdf:offences. However, these were serious offences involving sexual activity with four pupils ./Mowbray_Decision.pdf-over a period of approximately six years and were offences which the judge described as ./Mowbray_Decision.pdf:for Mr Mowbray's sexual gratification. ./Mowbray_Decision.pdf- ./Mowbray_Decision.pdf-The panel considered that a finding that these convictions were for relevant offences ./Mowbray_Decision.pdf-was necessary to reaffirm clear standards of conduct so as to maintain public confidence ./Mowbray_Decision.pdf-in the teaching profession. ./Mowbray_Decision.pdf- ./Mowbray_Decision.pdf- ./Mowbray_Decision.pdf-Panel’s recommendation to the Secretary of State ./Mowbray_Decision.pdf-Given the panel’s findings in respect of convictions of relevant offences, it was necessary ./Mowbray_Decision.pdf-for the panel to go on to consider whether it would be appropriate to recommend the ./Mowbray_Decision.pdf-imposition of a prohibition order by the Secretary of State. -- ./Mowbray_Decision.pdf-proportionate measure, and whether it would be in the public interest to do so. Prohibition ./Mowbray_Decision.pdf-orders should not be given in order to be punitive, or to show that blame has been ./Mowbray_Decision.pdf-apportioned, although they are likely to have punitive effect. ./Mowbray_Decision.pdf- ./Mowbray_Decision.pdf-The panel had regard to the particular public interest considerations set out in the Advice ./Mowbray_Decision.pdf-and, having done so, found a number of them to be relevant in this case, namely: the ./Mowbray_Decision.pdf-protection of pupils, the protection of other members the public, the maintenance of ./Mowbray_Decision.pdf-public confidence in the profession and declaring and upholding proper standards of ./Mowbray_Decision.pdf-conduct. ./Mowbray_Decision.pdf- ./Mowbray_Decision.pdf:In the light of the panel’s findings against Mr Mowbray, which involved offences of sexual ./Mowbray_Decision.pdf-activity with children who were his pupils, making indecent photographs/pseudo ./Mowbray_Decision.pdf-photographs of children and voyeurism, there was a strong public interest consideration ./Mowbray_Decision.pdf-in respect of the protection of pupils. ./Mowbray_Decision.pdf- ./Mowbray_Decision.pdf-Similarly, the panel considered that public confidence in the profession would be ./Mowbray_Decision.pdf-seriously weakened if conduct such as that found against Mr Mowbray were not treated ./Mowbray_Decision.pdf-with the utmost seriousness when regulating the conduct of the profession. ./Mowbray_Decision.pdf- ./Mowbray_Decision.pdf-The panel decided that a strong public interest consideration in declaring proper ./Mowbray_Decision.pdf-standards of conduct in the profession was also present as the conduct found against Mr -- ./Mowbray_Decision.pdf: ▪ sexual misconduct, for example, involving actions that were sexually motivated or ./Mowbray_Decision.pdf: of a sexual nature and/or that use or exploit the trust, knowledge or influence ./Mowbray_Decision.pdf- derived from the individual’s professional position; ./Mowbray_Decision.pdf- ./Mowbray_Decision.pdf- ▪ any activity involving viewing, taking, making and possessing any indecent ./Mowbray_Decision.pdf- photograph or image or pseudo photograph or image of a child; ./Mowbray_Decision.pdf- ./Mowbray_Decision.pdf- ▪ the commission of a serious criminal offence, including those that resulted in a ./Mowbray_Decision.pdf- conviction, paying particular attention to offences that are ‘relevant matters’ for the ./Mowbray_Decision.pdf- purposes of The Police Act 1997 and criminal record disclosures. ./Mowbray_Decision.pdf- ./Mowbray_Decision.pdf-Even though the behaviour found proved in this case indicated that a prohibition order -- ./Mowbray_Decision.pdf-given case, that may make it appropriate to allow a teacher to apply to have the ./Mowbray_Decision.pdf-prohibition order reviewed after a specified period of time that may not be less than 2 ./Mowbray_Decision.pdf-years. ./Mowbray_Decision.pdf- ./Mowbray_Decision.pdf-The Advice indicates that there are behaviours that, if proved, would militate against the ./Mowbray_Decision.pdf-recommendation of a review period. These behaviours include: ./Mowbray_Decision.pdf- ./Mowbray_Decision.pdf: • serious sexual misconduct, such as where the act was sexually motivated and ./Mowbray_Decision.pdf- resulted in or had the potential to result in, harm to a person or persons, ./Mowbray_Decision.pdf- particularly where the individual has used his professional position to influence or ./Mowbray_Decision.pdf- exploit a person or persons; ./Mowbray_Decision.pdf- ./Mowbray_Decision.pdf- • any activity involving viewing, taking, making or possessing any indecent ./Mowbray_Decision.pdf- photograph or image or pseudo photograph or image of a child. ./Mowbray_Decision.pdf- ./Mowbray_Decision.pdf-The panel found that Mr Mowbray exhibited these behaviours. ./Mowbray_Decision.pdf- ./Mowbray_Decision.pdf-The panel decided that the findings indicated a situation in which a review period would -- ./Mowbray_Decision.pdf-significant effects on the pupils, which were described by the judge as 'lasting', including ./Mowbray_Decision.pdf-depression, anxiety, stress, nervousness, loss of confidence, embarrassment, physical ./Mowbray_Decision.pdf-and psychological and sadness.” ./Mowbray_Decision.pdf- ./Mowbray_Decision.pdf-The panel also “took account of the way the teaching profession is viewed by others. The ./Mowbray_Decision.pdf-panel considered that Mr Mowbray's behaviour in committing the offences would affect ./Mowbray_Decision.pdf-public confidence in the teaching profession, given the influence that teachers may have ./Mowbray_Decision.pdf-on pupils, parents and others in the community.” ./Mowbray_Decision.pdf- ./Mowbray_Decision.pdf-The findings of misconduct are particularly serious as they include a finding of relevant ./Mowbray_Decision.pdf:convictions for sexual activity with children, possession of indecent images of children ./Mowbray_Decision.pdf-and an act of voyeurism. ./Mowbray_Decision.pdf- ./Mowbray_Decision.pdf-I have to determine whether the imposition of a prohibition order is proportionate and in ./Mowbray_Decision.pdf-the public interest. In considering that for this case, I have considered the overall aim of a ./Mowbray_Decision.pdf-prohibition order which is to protect pupils and to maintain public confidence in the ./Mowbray_Decision.pdf-profession. I have considered the extent to which a prohibition order in this case would ./Mowbray_Decision.pdf-achieve that aim taking into account the impact that it will have on the individual teacher. ./Mowbray_Decision.pdf-I have also asked myself, whether a less intrusive measure, such as the published ./Mowbray_Decision.pdf-finding of unacceptable professional conduct and conduct that may bring the profession ./Mowbray_Decision.pdf-into disrepute, would itself be sufficient to achieve the overall aim. I have to consider -- ./Mowbray_Decision.pdf-In my judgement, this overall picture means that there is some considerable risk of the ./Mowbray_Decision.pdf-repetition of this behaviour and this puts at risk the future wellbeing of pupils. I have ./Mowbray_Decision.pdf-therefore given this element considerable weight in reaching my decision. ./Mowbray_Decision.pdf- ./Mowbray_Decision.pdf-I have gone on to consider the extent to which a prohibition order would maintain public ./Mowbray_Decision.pdf-confidence in the profession. The panel observe, “The panel considered that Mr ./Mowbray_Decision.pdf-Mowbray's behaviour in committing the offences would affect public confidence in the ./Mowbray_Decision.pdf-teaching profession, given the influence that teachers may have on pupils, parents and ./Mowbray_Decision.pdf-others in the community.” ./Mowbray_Decision.pdf- ./Mowbray_Decision.pdf:I am particularly mindful of the finding of sexual misconduct with children in this case and ./Mowbray_Decision.pdf-the impact that such a finding has on the reputation of the profession. ./Mowbray_Decision.pdf- ./Mowbray_Decision.pdf-I have had to consider that the public has a high expectation of professional standards of ./Mowbray_Decision.pdf-all teachers and that the public might regard a failure to impose a prohibition order as a ./Mowbray_Decision.pdf-failure to uphold those high standards. In weighing these considerations, I have had to ./Mowbray_Decision.pdf-consider the matter from the point of view of an “ordinary intelligent and well-informed ./Mowbray_Decision.pdf-citizen.” ./Mowbray_Decision.pdf- ./Mowbray_Decision.pdf-I have considered whether the publication of a finding of unacceptable professional ./Mowbray_Decision.pdf-conduct, in the absence of a prohibition order, can itself be regarded by such a person as -- ./Mowbray_Decision.pdf-For these reasons, I have concluded that a prohibition order is proportionate and in the ./Mowbray_Decision.pdf-public interest in order to achieve the intended aims of a prohibition order. ./Mowbray_Decision.pdf- ./Mowbray_Decision.pdf-I have gone on to consider the matter of a review period. In this case, the panel has ./Mowbray_Decision.pdf-recommended that no provision should be made for a review period. ./Mowbray_Decision.pdf- ./Mowbray_Decision.pdf-I have considered the panel’s comments “The Advice indicates that there are behaviours ./Mowbray_Decision.pdf-that, if proved, would militate against the recommendation of a review period. These ./Mowbray_Decision.pdf-behaviours include: ./Mowbray_Decision.pdf- ./Mowbray_Decision.pdf: • serious sexual misconduct, such as where the act was sexually motivated and ./Mowbray_Decision.pdf- resulted in or had the potential to result in, harm to a person or persons, ./Mowbray_Decision.pdf- particularly where the individual has used his professional position to influence or ./Mowbray_Decision.pdf- exploit a person or persons; ./Mowbray_Decision.pdf- ./Mowbray_Decision.pdf- • any activity involving viewing, taking, making or possessing any indecent ./Mowbray_Decision.pdf- photograph or image or pseudo photograph or image of a child. ./Mowbray_Decision.pdf- ./Mowbray_Decision.pdf-The panel found that Mr Mowbray exhibited these behaviours.” ./Mowbray_Decision.pdf- ./Mowbray_Decision.pdf-I have considered whether not allowing a review period reflects the seriousness of the ./Mrs_Alison_Louise_Enoch.pdf-  The panel was presented with some positive references, which were carefully ./Mrs_Alison_Louise_Enoch.pdf- considered. ./Mrs_Alison_Louise_Enoch.pdf- ./Mrs_Alison_Louise_Enoch.pdf-  It appeared that Mrs Enoch had been open with the School from the outset in ./Mrs_Alison_Louise_Enoch.pdf- relation to her arrest. ./Mrs_Alison_Louise_Enoch.pdf- ./Mrs_Alison_Louise_Enoch.pdf-  Mrs Enoch has engaged, to some extent, with the TRA. ./Mrs_Alison_Louise_Enoch.pdf- ./Mrs_Alison_Louise_Enoch.pdf-  There was some element of provocation, though for the reasons already set out ./Mrs_Alison_Louise_Enoch.pdf- this by no means justified the response of Mrs Enoch and her husband, in that it ./Mrs_Alison_Louise_Enoch.pdf: appeared that the assault resulted from unwanted physical contact of a sexual ./Mrs_Alison_Louise_Enoch.pdf- nature. ./Mrs_Alison_Louise_Enoch.pdf- ./Mrs_Alison_Louise_Enoch.pdf-  The conduct did not occur in the course of her duties. ./Mrs_Alison_Louise_Enoch.pdf- ./Mrs_Alison_Louise_Enoch.pdf-  There was some, limited evidence of remorse insofar as Mrs Enoch had referred ./Mrs_Alison_Louise_Enoch.pdf- to being ashamed of having been to prison. There were various references to the ./Mrs_Alison_Louise_Enoch.pdf- impact of the conviction and imprisonment upon her. ./Mrs_Alison_Louise_Enoch.pdf- ./Mrs_Alison_Louise_Enoch.pdf-Weighed against this, the aggravating features in this case were that: ./Mrs_Alison_Louise_Enoch.pdf- ./Mrs_Catherine_Jackson_Professional_conduct_panel_outcome.pdf-conduct that may bring the profession into disrepute in that; ./Mrs_Catherine_Jackson_Professional_conduct_panel_outcome.pdf- ./Mrs_Catherine_Jackson_Professional_conduct_panel_outcome.pdf- 1. As Designated Safeguarding Officer she failed to complete required DSL ./Mrs_Catherine_Jackson_Professional_conduct_panel_outcome.pdf- training every two years as required by Keeping Children Safe in Education ./Mrs_Catherine_Jackson_Professional_conduct_panel_outcome.pdf- instructions, which may have meant that she did not have up to date training ./Mrs_Catherine_Jackson_Professional_conduct_panel_outcome.pdf- and/or knowledge of Safeguarding; ./Mrs_Catherine_Jackson_Professional_conduct_panel_outcome.pdf- ./Mrs_Catherine_Jackson_Professional_conduct_panel_outcome.pdf- 2. As Designated Safeguarding Officer she failed to report a disclosure by Pupil A ./Mrs_Catherine_Jackson_Professional_conduct_panel_outcome.pdf- of historic peer-on-peer abuse by Child B in autumn 2018 despite: ./Mrs_Catherine_Jackson_Professional_conduct_panel_outcome.pdf- ./Mrs_Catherine_Jackson_Professional_conduct_panel_outcome.pdf: a) The disclosure detailing a serious incident of sexual assault and/or rape; ./Mrs_Catherine_Jackson_Professional_conduct_panel_outcome.pdf- ./Mrs_Catherine_Jackson_Professional_conduct_panel_outcome.pdf- b) The potential for Child A to be exposed to further incidents of abuse; ./Mrs_Catherine_Jackson_Professional_conduct_panel_outcome.pdf- ./Mrs_Catherine_Jackson_Professional_conduct_panel_outcome.pdf- c) The potential for Child B to himself be exposed to safeguarding issues ./Mrs_Catherine_Jackson_Professional_conduct_panel_outcome.pdf- including but not limited to the commission of further offences; and ./Mrs_Catherine_Jackson_Professional_conduct_panel_outcome.pdf- ./Mrs_Catherine_Jackson_Professional_conduct_panel_outcome.pdf- d) Being required to do so by: ./Mrs_Catherine_Jackson_Professional_conduct_panel_outcome.pdf- ./Mrs_Catherine_Jackson_Professional_conduct_panel_outcome.pdf- i) School policy; ./Mrs_Catherine_Jackson_Professional_conduct_panel_outcome.pdf- -- ./Mrs_Catherine_Jackson_Professional_conduct_panel_outcome.pdf-The panel carefully considered the case and reached a decision. ./Mrs_Catherine_Jackson_Professional_conduct_panel_outcome.pdf- ./Mrs_Catherine_Jackson_Professional_conduct_panel_outcome.pdf-In advance of the meeting, the TRA agreed to a request from Mrs Jackson for the ./Mrs_Catherine_Jackson_Professional_conduct_panel_outcome.pdf-allegations to be considered without a hearing. The panel had the ability to direct that the ./Mrs_Catherine_Jackson_Professional_conduct_panel_outcome.pdf-case be considered at a hearing if required in the interests of justice or in the public ./Mrs_Catherine_Jackson_Professional_conduct_panel_outcome.pdf-interest. The panel did not determine that such a direction was necessary or appropriate ./Mrs_Catherine_Jackson_Professional_conduct_panel_outcome.pdf-in this case. ./Mrs_Catherine_Jackson_Professional_conduct_panel_outcome.pdf- ./Mrs_Catherine_Jackson_Professional_conduct_panel_outcome.pdf-This case related to Mr Jackson's admitted failures to follow proper safeguarding training ./Mrs_Catherine_Jackson_Professional_conduct_panel_outcome.pdf-and referral procedures at his school, with particular reference to an incident of ./Mrs_Catherine_Jackson_Professional_conduct_panel_outcome.pdf:disclosure of historic serious sexual assault and/or rape by a child which was not referred ./Mrs_Catherine_Jackson_Professional_conduct_panel_outcome.pdf-on to other organisations as it should have been according to school, local authority and ./Mrs_Catherine_Jackson_Professional_conduct_panel_outcome.pdf-national policies and guidance. ./Mrs_Catherine_Jackson_Professional_conduct_panel_outcome.pdf- ./Mrs_Catherine_Jackson_Professional_conduct_panel_outcome.pdf-Findings of fact ./Mrs_Catherine_Jackson_Professional_conduct_panel_outcome.pdf- ./Mrs_Catherine_Jackson_Professional_conduct_panel_outcome.pdf-The findings of fact are as follows: ./Mrs_Catherine_Jackson_Professional_conduct_panel_outcome.pdf- ./Mrs_Catherine_Jackson_Professional_conduct_panel_outcome.pdf-The panel found the following particulars of the allegations against you proved, for these ./Mrs_Catherine_Jackson_Professional_conduct_panel_outcome.pdf-reasons: ./Mrs_Catherine_Jackson_Professional_conduct_panel_outcome.pdf- -- ./Mrs_Catherine_Jackson_Professional_conduct_panel_outcome.pdf- instructions, which may have meant that you did not have up to date training ./Mrs_Catherine_Jackson_Professional_conduct_panel_outcome.pdf- and/or knowledge of Safeguarding; ./Mrs_Catherine_Jackson_Professional_conduct_panel_outcome.pdf- ./Mrs_Catherine_Jackson_Professional_conduct_panel_outcome.pdf- 2. As Designated Safeguarding Officer you failed to report a disclosure by ./Mrs_Catherine_Jackson_Professional_conduct_panel_outcome.pdf- Pupil A of historic peer-on-peer abuse by Child B in autumn 2018 despite: ./Mrs_Catherine_Jackson_Professional_conduct_panel_outcome.pdf- ./Mrs_Catherine_Jackson_Professional_conduct_panel_outcome.pdf: a) The disclosure detailing a serious incident of sexual assault and/or ./Mrs_Catherine_Jackson_Professional_conduct_panel_outcome.pdf- rape; ./Mrs_Catherine_Jackson_Professional_conduct_panel_outcome.pdf- ./Mrs_Catherine_Jackson_Professional_conduct_panel_outcome.pdf- b) The potential for Child A to be exposed to further incidents of abuse; ./Mrs_Catherine_Jackson_Professional_conduct_panel_outcome.pdf- ./Mrs_Catherine_Jackson_Professional_conduct_panel_outcome.pdf- c) The potential for Child B to himself be exposed to safeguarding issues ./Mrs_Catherine_Jackson_Professional_conduct_panel_outcome.pdf- including but not limited to the commission of further offences; and ./Mrs_Catherine_Jackson_Professional_conduct_panel_outcome.pdf- ./Mrs_Catherine_Jackson_Professional_conduct_panel_outcome.pdf- d) Being required to do so by: ./Mrs_Catherine_Jackson_Professional_conduct_panel_outcome.pdf- ./Mrs_Catherine_Jackson_Professional_conduct_panel_outcome.pdf- i) School policy; ./Mrs_Francesca_Rogers_15409-_Secretary_of_State_Decision__Unrestricted_.pdf-Individual A himself. In October 2015, the police investigation relating to Individual A's on ./Mrs_Francesca_Rogers_15409-_Secretary_of_State_Decision__Unrestricted_.pdf-line chat with a 16 year old girl was dropped, but he was charged with offences of making ./Mrs_Francesca_Rogers_15409-_Secretary_of_State_Decision__Unrestricted_.pdf-indecent images of children. Mrs Rogers' position is that she did not know about these ./Mrs_Francesca_Rogers_15409-_Secretary_of_State_Decision__Unrestricted_.pdf-charges in October 2015. ./Mrs_Francesca_Rogers_15409-_Secretary_of_State_Decision__Unrestricted_.pdf- ./Mrs_Francesca_Rogers_15409-_Secretary_of_State_Decision__Unrestricted_.pdf-Mrs Rogers was contacted by a Detective Constable from the Public Protection Unit of ./Mrs_Francesca_Rogers_15409-_Secretary_of_State_Decision__Unrestricted_.pdf-Wiltshire Police regarding the Child Sex Offender Disclosure Scheme (CSODS), ./Mrs_Francesca_Rogers_15409-_Secretary_of_State_Decision__Unrestricted_.pdf-otherwise know as 'Sarah's Law'. The aim of the scheme is to provide parents, guardians ./Mrs_Francesca_Rogers_15409-_Secretary_of_State_Decision__Unrestricted_.pdf-and carers with information that will enable them to better safeguard their children's ./Mrs_Francesca_Rogers_15409-_Secretary_of_State_Decision__Unrestricted_.pdf-safety and welfare. The scheme permits anyone formally to ask the police if someone ./Mrs_Francesca_Rogers_15409-_Secretary_of_State_Decision__Unrestricted_.pdf:with access to a child has a record for child sexual offences. The police can then release ./Mrs_Francesca_Rogers_15409-_Secretary_of_State_Decision__Unrestricted_.pdf-details confidentially to the person or persons most able to protect the child if the police ./Mrs_Francesca_Rogers_15409-_Secretary_of_State_Decision__Unrestricted_.pdf-consider that this is in the child's interests. It is not in dispute that, in this case, the ./Mrs_Francesca_Rogers_15409-_Secretary_of_State_Decision__Unrestricted_.pdf-application under Sarah's Law was made by Mrs Rogers' husband. Mrs Rogers ./Mrs_Francesca_Rogers_15409-_Secretary_of_State_Decision__Unrestricted_.pdf-requested that another officer should speak to her as the Detective Constable who had ./Mrs_Francesca_Rogers_15409-_Secretary_of_State_Decision__Unrestricted_.pdf-contacted her was known to her husband, who used to be a police officer. The matter ./Mrs_Francesca_Rogers_15409-_Secretary_of_State_Decision__Unrestricted_.pdf-was then allocated to Witness A, Detective Sergeant who attended Mrs Rogers' home on ./Mrs_Francesca_Rogers_15409-_Secretary_of_State_Decision__Unrestricted_.pdf-two occasions in December. ./Mrs_Francesca_Rogers_15409-_Secretary_of_State_Decision__Unrestricted_.pdf- ./Mrs_Francesca_Rogers_15409-_Secretary_of_State_Decision__Unrestricted_.pdf-On 11 December 2015, Individual A appeared in the Crown Court when he pleaded ./Mrs_Francesca_Rogers_15409-_Secretary_of_State_Decision__Unrestricted_.pdf-guility to making indecent photographs of children. Having pleaded guilty, the case -- ./Mrs_Francesca_Rogers_15409-_Secretary_of_State_Decision__Unrestricted_.pdf- ./Mrs_Francesca_Rogers_15409-_Secretary_of_State_Decision__Unrestricted_.pdf-The panel considered Mrs Rogers' responses to questions at the school's disciplinary ./Mrs_Francesca_Rogers_15409-_Secretary_of_State_Decision__Unrestricted_.pdf-interview. The panel noted that Mrs Rogers was asked about how the relationship ./Mrs_Francesca_Rogers_15409-_Secretary_of_State_Decision__Unrestricted_.pdf-developed. In that context, she was asked if she knew what the charges against ./Mrs_Francesca_Rogers_15409-_Secretary_of_State_Decision__Unrestricted_.pdf-Individual A were at that time and she responded 'it was viewing indecent images of ./Mrs_Francesca_Rogers_15409-_Secretary_of_State_Decision__Unrestricted_.pdf-children'. The panel also noted that Mrs Rogers stated in her responses that when she ./Mrs_Francesca_Rogers_15409-_Secretary_of_State_Decision__Unrestricted_.pdf-and Individual A started seeing each other, she was aware that Individual A was ./Mrs_Francesca_Rogers_15409-_Secretary_of_State_Decision__Unrestricted_.pdf-receiving counselling and 'she could see how much good it was doing.' The panel noted ./Mrs_Francesca_Rogers_15409-_Secretary_of_State_Decision__Unrestricted_.pdf-the letter from the counsellor to the effect that the counselling commenced in December ./Mrs_Francesca_Rogers_15409-_Secretary_of_State_Decision__Unrestricted_.pdf-2014 and was to explore triggers and patterns for sexually addictive behaviour including ./Mrs_Francesca_Rogers_15409-_Secretary_of_State_Decision__Unrestricted_.pdf:the use of internet pornography. The panel considered that the fact that Mrs Rogers was ./Mrs_Francesca_Rogers_15409-_Secretary_of_State_Decision__Unrestricted_.pdf-able to comment on Individual A's progress indicated that she was aware of this from the ./Mrs_Francesca_Rogers_15409-_Secretary_of_State_Decision__Unrestricted_.pdf-outset of the relationship. ./Mrs_Francesca_Rogers_15409-_Secretary_of_State_Decision__Unrestricted_.pdf- ./Mrs_Francesca_Rogers_15409-_Secretary_of_State_Decision__Unrestricted_.pdf- ./Mrs_Francesca_Rogers_15409-_Secretary_of_State_Decision__Unrestricted_.pdf- ./Mrs_Francesca_Rogers_15409-_Secretary_of_State_Decision__Unrestricted_.pdf- ./Mrs_Francesca_Rogers_15409-_Secretary_of_State_Decision__Unrestricted_.pdf- 8 ./Mrs_Francesca_Rogers_15409-_Secretary_of_State_Decision__Unrestricted_.pdf- ./Mrs_Kate_McCann__N_e_Smith__professional_conduct_panel_outcome.pdf-the School: ./Mrs_Kate_McCann__N_e_Smith__professional_conduct_panel_outcome.pdf- ./Mrs_Kate_McCann__N_e_Smith__professional_conduct_panel_outcome.pdf- 1. She engaged in inappropriate social media contact with Individual A: ./Mrs_Kate_McCann__N_e_Smith__professional_conduct_panel_outcome.pdf- ./Mrs_Kate_McCann__N_e_Smith__professional_conduct_panel_outcome.pdf- a. by accepting a social media 'friend request' from Individual A; ./Mrs_Kate_McCann__N_e_Smith__professional_conduct_panel_outcome.pdf- b. by exchanging a high volume of social media messages with Individual A on ./Mrs_Kate_McCann__N_e_Smith__professional_conduct_panel_outcome.pdf- dates between 2 July and 2 August 2017; ./Mrs_Kate_McCann__N_e_Smith__professional_conduct_panel_outcome.pdf- c. by exchanging inappropriate social media messages on dates between 2 ./Mrs_Kate_McCann__N_e_Smith__professional_conduct_panel_outcome.pdf- July and 2 August 2017 with Individual A, including in particular: ./Mrs_Kate_McCann__N_e_Smith__professional_conduct_panel_outcome.pdf- ./Mrs_Kate_McCann__N_e_Smith__professional_conduct_panel_outcome.pdf: i. messages referring to matters of a sexual nature; ./Mrs_Kate_McCann__N_e_Smith__professional_conduct_panel_outcome.pdf- ii. messages in which she referred to Individual A as ''daughter'' and/or ./Mrs_Kate_McCann__N_e_Smith__professional_conduct_panel_outcome.pdf- to herself as ''mother'' or ''mum and/or allowed her to refer to her as ./Mrs_Kate_McCann__N_e_Smith__professional_conduct_panel_outcome.pdf- ''mother'' or ''mum''; ./Mrs_Kate_McCann__N_e_Smith__professional_conduct_panel_outcome.pdf- iii. messages which referred to drinking alcohol; ./Mrs_Kate_McCann__N_e_Smith__professional_conduct_panel_outcome.pdf- iv. messages which referred to drug taking; ./Mrs_Kate_McCann__N_e_Smith__professional_conduct_panel_outcome.pdf- v. messages in which she commented on individual A's parents; ./Mrs_Kate_McCann__N_e_Smith__professional_conduct_panel_outcome.pdf- vi. messages in which she discussed Individual A leaving home. ./Mrs_Kate_McCann__N_e_Smith__professional_conduct_panel_outcome.pdf- ./Mrs_Kate_McCann__N_e_Smith__professional_conduct_panel_outcome.pdf- 2. She sent social media messages to Individual A on dates between 2 July and 2 ./Mrs_Kate_McCann__N_e_Smith__professional_conduct_panel_outcome.pdf- August 2017 whilst she was at school during working hours. -- ./Mrs_Kate_McCann__N_e_Smith__professional_conduct_panel_outcome.pdf-high volume, especially between a teacher and pupil, and therefore found this allegation ./Mrs_Kate_McCann__N_e_Smith__professional_conduct_panel_outcome.pdf-proved. ./Mrs_Kate_McCann__N_e_Smith__professional_conduct_panel_outcome.pdf- ./Mrs_Kate_McCann__N_e_Smith__professional_conduct_panel_outcome.pdf-In the remainder of the decision, due the close proximity in time from Individual A leaving ./Mrs_Kate_McCann__N_e_Smith__professional_conduct_panel_outcome.pdf-the School and the relevant period involved in the allegations, the panel determined that ./Mrs_Kate_McCann__N_e_Smith__professional_conduct_panel_outcome.pdf-Individual A would be referred to as a pupil. ./Mrs_Kate_McCann__N_e_Smith__professional_conduct_panel_outcome.pdf- ./Mrs_Kate_McCann__N_e_Smith__professional_conduct_panel_outcome.pdf- c. by exchanging inappropriate social media messages on dates between 2 ./Mrs_Kate_McCann__N_e_Smith__professional_conduct_panel_outcome.pdf- July and 2 August 2017 with Individual A, including in particular: ./Mrs_Kate_McCann__N_e_Smith__professional_conduct_panel_outcome.pdf- ./Mrs_Kate_McCann__N_e_Smith__professional_conduct_panel_outcome.pdf: i. messages referring to matters of a sexual nature; ./Mrs_Kate_McCann__N_e_Smith__professional_conduct_panel_outcome.pdf- ./Mrs_Kate_McCann__N_e_Smith__professional_conduct_panel_outcome.pdf-The panel heard live evidence on this allegation from Witness A. She explained that ./Mrs_Kate_McCann__N_e_Smith__professional_conduct_panel_outcome.pdf-during the Meeting, Mrs McCann acknowledged that the messages were inappropriate ./Mrs_Kate_McCann__N_e_Smith__professional_conduct_panel_outcome.pdf-but that she had got 'caught up in what was going on' and treated Individual A like a ./Mrs_Kate_McCann__N_e_Smith__professional_conduct_panel_outcome.pdf-friend. Mrs McCann also accepted that, within the messages, 'hummus' was used as a ./Mrs_Kate_McCann__N_e_Smith__professional_conduct_panel_outcome.pdf:slang term for sex. ./Mrs_Kate_McCann__N_e_Smith__professional_conduct_panel_outcome.pdf- ./Mrs_Kate_McCann__N_e_Smith__professional_conduct_panel_outcome.pdf-The panel could clearly see from the messages that there were a large number that ./Mrs_Kate_McCann__N_e_Smith__professional_conduct_panel_outcome.pdf:referred to sex or sexual activity in some manner, including discussions of Mrs McCann's ./Mrs_Kate_McCann__N_e_Smith__professional_conduct_panel_outcome.pdf:sex life with her husband, underwear and condoms. [Redacted] ./Mrs_Kate_McCann__N_e_Smith__professional_conduct_panel_outcome.pdf- ./Mrs_Kate_McCann__N_e_Smith__professional_conduct_panel_outcome.pdf-  [Redacted] ./Mrs_Kate_McCann__N_e_Smith__professional_conduct_panel_outcome.pdf- ./Mrs_Kate_McCann__N_e_Smith__professional_conduct_panel_outcome.pdf- On the basis of Mrs McCann's acceptance and the messages, the panel found this ./Mrs_Kate_McCann__N_e_Smith__professional_conduct_panel_outcome.pdf-allegation proved. ./Mrs_Kate_McCann__N_e_Smith__professional_conduct_panel_outcome.pdf- ./Mrs_Kate_McCann__N_e_Smith__professional_conduct_panel_outcome.pdf- ii. messages in which you referred to Individual A as ''daughter'' ./Mrs_Kate_McCann__N_e_Smith__professional_conduct_panel_outcome.pdf- and/or to yourself as ''mother'' or ''mum and/or allowed her to ./Mrs_Kate_McCann__N_e_Smith__professional_conduct_panel_outcome.pdf- refer to you as ''mother'' or ''mum''; ./Mrs_Kate_McCann__N_e_Smith__professional_conduct_panel_outcome.pdf- -- ./Mrs_Kate_McCann__N_e_Smith__professional_conduct_panel_outcome.pdf- b. were disparaging; ./Mrs_Kate_McCann__N_e_Smith__professional_conduct_panel_outcome.pdf- ./Mrs_Kate_McCann__N_e_Smith__professional_conduct_panel_outcome.pdf- c. contained your personal thoughts about various members of staff. ./Mrs_Kate_McCann__N_e_Smith__professional_conduct_panel_outcome.pdf- ./Mrs_Kate_McCann__N_e_Smith__professional_conduct_panel_outcome.pdf-The panel heard live evidence on this allegation from Witness A who explained that Mrs ./Mrs_Kate_McCann__N_e_Smith__professional_conduct_panel_outcome.pdf-McCann had accepted sending messages on this concern to Individual A but that it was ./Mrs_Kate_McCann__N_e_Smith__professional_conduct_panel_outcome.pdf-just 'general conversation'. ./Mrs_Kate_McCann__N_e_Smith__professional_conduct_panel_outcome.pdf- ./Mrs_Kate_McCann__N_e_Smith__professional_conduct_panel_outcome.pdf-Witness A explained to the panel that these messages included discussion of staff ./Mrs_Kate_McCann__N_e_Smith__professional_conduct_panel_outcome.pdf-members as to whether they were 'MILFs' or 'DILFs', staff leaving events, other ./Mrs_Kate_McCann__N_e_Smith__professional_conduct_panel_outcome.pdf:personal relationships of staff and their obsession with sex, marriage relationships and ./Mrs_Kate_McCann__N_e_Smith__professional_conduct_panel_outcome.pdf-[redacted]. ./Mrs_Kate_McCann__N_e_Smith__professional_conduct_panel_outcome.pdf- ./Mrs_Kate_McCann__N_e_Smith__professional_conduct_panel_outcome.pdf-The panel also noted that there was reference to the death of a teacher's husband, ./Mrs_Kate_McCann__N_e_Smith__professional_conduct_panel_outcome.pdf-[redacted]. This appeared to the panel to be information that was confidential and not to ./Mrs_Kate_McCann__N_e_Smith__professional_conduct_panel_outcome.pdf-be shared. ./Mrs_Kate_McCann__N_e_Smith__professional_conduct_panel_outcome.pdf- ./Mrs_Kate_McCann__N_e_Smith__professional_conduct_panel_outcome.pdf-The messages clearly contained information about staff at the School that was ./Mrs_Kate_McCann__N_e_Smith__professional_conduct_panel_outcome.pdf-confidential and included Mrs McCann's personal thoughts, which were often ./Mrs_Kate_McCann__N_e_Smith__professional_conduct_panel_outcome.pdf-disparaging. The panel therefore found this allegation proved. ./Mrs_Kate_McCann__N_e_Smith__professional_conduct_panel_outcome.pdf- ./Mr_Aaron_Goodwin__14661_-_SoS_decision_for_WEB.pdf-August 2016. ./Mr_Aaron_Goodwin__14661_-_SoS_decision_for_WEB.pdf- ./Mr_Aaron_Goodwin__14661_-_SoS_decision_for_WEB.pdf-It was alleged that Mr Aaron Joseph Goodwin was guilty of unacceptable professional ./Mr_Aaron_Goodwin__14661_-_SoS_decision_for_WEB.pdf-conduct and/or conduct that may bring the profession into disrepute, in that: ./Mr_Aaron_Goodwin__14661_-_SoS_decision_for_WEB.pdf- ./Mr_Aaron_Goodwin__14661_-_SoS_decision_for_WEB.pdf-1. Whilst employed as a supply teacher at [a School in Gateshead] in 2014, and whilst on ./Mr_Aaron_Goodwin__14661_-_SoS_decision_for_WEB.pdf- the school's premises, he: ./Mr_Aaron_Goodwin__14661_-_SoS_decision_for_WEB.pdf- a. Accessed the social media dating application Grindr; ./Mr_Aaron_Goodwin__14661_-_SoS_decision_for_WEB.pdf- b. Contacted a member of the public using Grindr; ./Mr_Aaron_Goodwin__14661_-_SoS_decision_for_WEB.pdf- c. Invited a member of the public to meet him in a toilet using Grindr; ./Mr_Aaron_Goodwin__14661_-_SoS_decision_for_WEB.pdf: d. Informed a member of the public in a Grindr message that he had a sexual ./Mr_Aaron_Goodwin__14661_-_SoS_decision_for_WEB.pdf- relationship with a 12-year-old child. ./Mr_Aaron_Goodwin__14661_-_SoS_decision_for_WEB.pdf-2. In doing allegation 1. above he acted in breach of the school's policy. ./Mr_Aaron_Goodwin__14661_-_SoS_decision_for_WEB.pdf-3. On or around 20 August 2014, he sent messages to Individual A on Skype in which he: ./Mr_Aaron_Goodwin__14661_-_SoS_decision_for_WEB.pdf- a. Received videos including but not limited to videos called: ./Mr_Aaron_Goodwin__14661_-_SoS_decision_for_WEB.pdf- i. Boy Scout fuck fest; ./Mr_Aaron_Goodwin__14661_-_SoS_decision_for_WEB.pdf- ii. Young boy and man suck each other; ./Mr_Aaron_Goodwin__14661_-_SoS_decision_for_WEB.pdf- iii. Boy 12 cums with sound. ./Mr_Aaron_Goodwin__14661_-_SoS_decision_for_WEB.pdf- b. Requested that Individual A re-send him videos. ./Mr_Aaron_Goodwin__14661_-_SoS_decision_for_WEB.pdf-4. On or around 1 May 2013, he sent messages to Individual B on Skype in which he: ./Mr_Aaron_Goodwin__14661_-_SoS_decision_for_WEB.pdf- a. Stated that he was a teacher; ./Mr_Aaron_Goodwin__14661_-_SoS_decision_for_WEB.pdf: b. Stated that he was sexually attracted to male pupils at his school; ./Mr_Aaron_Goodwin__14661_-_SoS_decision_for_WEB.pdf- c. Stated that he masturbated at work; ./Mr_Aaron_Goodwin__14661_-_SoS_decision_for_WEB.pdf- d. Asked if he was into lads in their early teens; ./Mr_Aaron_Goodwin__14661_-_SoS_decision_for_WEB.pdf- e. Asked him to masturbate for him and told him to think of your "hot pupils". ./Mr_Aaron_Goodwin__14661_-_SoS_decision_for_WEB.pdf:5. In doing the conduct at allegations 1. and/or 3. and 4. above his actions were sexually ./Mr_Aaron_Goodwin__14661_-_SoS_decision_for_WEB.pdf- motivated. ./Mr_Aaron_Goodwin__14661_-_SoS_decision_for_WEB.pdf-Mr Goodwin does not admit the facts of the case. ./Mr_Aaron_Goodwin__14661_-_SoS_decision_for_WEB.pdf- ./Mr_Aaron_Goodwin__14661_-_SoS_decision_for_WEB.pdf- ./Mr_Aaron_Goodwin__14661_-_SoS_decision_for_WEB.pdf-C. Preliminary applications ./Mr_Aaron_Goodwin__14661_-_SoS_decision_for_WEB.pdf-There were no preliminary applications. ./Mr_Aaron_Goodwin__14661_-_SoS_decision_for_WEB.pdf- ./Mr_Aaron_Goodwin__14661_-_SoS_decision_for_WEB.pdf- ./Mr_Aaron_Goodwin__14661_-_SoS_decision_for_WEB.pdf- ./Mr_Aaron_Goodwin__14661_-_SoS_decision_for_WEB.pdf- -- ./Mr_Aaron_Goodwin__14661_-_SoS_decision_for_WEB.pdf-the NCTL, by Mr Chapman, and on behalf of Mr Goodwin, by Mr Brocklehurst. The panel ./Mr_Aaron_Goodwin__14661_-_SoS_decision_for_WEB.pdf-has had legal advice in relation to the approach to be taken at this stage of proceedings ./Mr_Aaron_Goodwin__14661_-_SoS_decision_for_WEB.pdf-and has accepted that advice. ./Mr_Aaron_Goodwin__14661_-_SoS_decision_for_WEB.pdf- ./Mr_Aaron_Goodwin__14661_-_SoS_decision_for_WEB.pdf-This case relates to Mr Goodwin and conduct alleged to have taken place largely ./Mr_Aaron_Goodwin__14661_-_SoS_decision_for_WEB.pdf-between 2013 and 2014 both within and outside a school setting. Mr Goodwin informed ./Mr_Aaron_Goodwin__14661_-_SoS_decision_for_WEB.pdf-the panel that he had worked as a teacher between 2008 and 2014. Between 2013 and ./Mr_Aaron_Goodwin__14661_-_SoS_decision_for_WEB.pdf-2014, Mr Goodwin had worked as a supply teacher in the Newcastle area. In the autumn ./Mr_Aaron_Goodwin__14661_-_SoS_decision_for_WEB.pdf-of 2014, a complaint was made by Witness A that a man purporting to be a supply ./Mr_Aaron_Goodwin__14661_-_SoS_decision_for_WEB.pdf-teacher had contacted him on a social media dating application called Grindr, and ./Mr_Aaron_Goodwin__14661_-_SoS_decision_for_WEB.pdf:communicated with him in a sexually explicit way from within a school premises. Witness ./Mr_Aaron_Goodwin__14661_-_SoS_decision_for_WEB.pdf-A gave a statement to the police but has since passed away. This complaint resulted in a ./Mr_Aaron_Goodwin__14661_-_SoS_decision_for_WEB.pdf-police investigation, in the course of which Mr Goodwin was interviewed under caution. ./Mr_Aaron_Goodwin__14661_-_SoS_decision_for_WEB.pdf-Mr Goodwin accepted presence at the school at the material time, and accepted use of ./Mr_Aaron_Goodwin__14661_-_SoS_decision_for_WEB.pdf-Grindr, but firmly denied that he had ever had any contact whatsoever with the ./Mr_Aaron_Goodwin__14661_-_SoS_decision_for_WEB.pdf-complainant (Allegation 1 and 2). ./Mr_Aaron_Goodwin__14661_-_SoS_decision_for_WEB.pdf- ./Mr_Aaron_Goodwin__14661_-_SoS_decision_for_WEB.pdf-As a result of the police investigation, Mr Goodwin's laptop was seized by the police and ./Mr_Aaron_Goodwin__14661_-_SoS_decision_for_WEB.pdf-two Skype conversations were recovered (Allegations 3 and 4). Mr Goodwin was not ./Mr_Aaron_Goodwin__14661_-_SoS_decision_for_WEB.pdf-interviewed by the police in relation to the Skype conversations. No criminal charges ./Mr_Aaron_Goodwin__14661_-_SoS_decision_for_WEB.pdf-were brought against Mr Goodwin and his laptop was returned to him. However, the -- ./Mr_Aaron_Goodwin__14661_-_SoS_decision_for_WEB.pdf-Mr Goodwin was asked in the police interview about his use of the Grindr application. Mr ./Mr_Aaron_Goodwin__14661_-_SoS_decision_for_WEB.pdf:Goodwin was also aware that the police were investigating sexual offences and that they ./Mr_Aaron_Goodwin__14661_-_SoS_decision_for_WEB.pdf-had seized his laptop. Mr Goodwin thus had the opportunity in the police interview to give ./Mr_Aaron_Goodwin__14661_-_SoS_decision_for_WEB.pdf-the police details of any other party who may have had access to any of his devices, ./Mr_Aaron_Goodwin__14661_-_SoS_decision_for_WEB.pdf-including his laptop. No such details were provided. Mr Goodwin did, in response to the ./Mr_Aaron_Goodwin__14661_-_SoS_decision_for_WEB.pdf-allegations in the NCTL case provide a written response through his representative to the ./Mr_Aaron_Goodwin__14661_-_SoS_decision_for_WEB.pdf-effect that other parties had access to his laptop. However, no such parties were named. ./Mr_Aaron_Goodwin__14661_-_SoS_decision_for_WEB.pdf- ./Mr_Aaron_Goodwin__14661_-_SoS_decision_for_WEB.pdf-Mr Goodwin gave evidence to the panel that a named third party had access to his flat in ./Mr_Aaron_Goodwin__14661_-_SoS_decision_for_WEB.pdf-Newcastle and his laptop between approximately 2012 and the summer of 2014 (after ./Mr_Aaron_Goodwin__14661_-_SoS_decision_for_WEB.pdf-which Mr Goodwin moved away from the Newcastle area) and thus for a period of some ./Mr_Aaron_Goodwin__14661_-_SoS_decision_for_WEB.pdf-two years. ./Mr_Aaron_Goodwin__14661_-_SoS_decision_for_WEB.pdf- ./Mr_Aaron_Goodwin__14661_-_SoS_decision_for_WEB.pdf-Mr Goodwin stated that this third party was afforded unfettered access to his flat, and ./Mr_Aaron_Goodwin__14661_-_SoS_decision_for_WEB.pdf-was also provided with a key. Mr Goodwin also stated that the third party had access to ./Mr_Aaron_Goodwin__14661_-_SoS_decision_for_WEB.pdf-his laptop, in particular for the purposes of looking for jobs as this individual had no ./Mr_Aaron_Goodwin__14661_-_SoS_decision_for_WEB.pdf-computer of his own. ./Mr_Aaron_Goodwin__14661_-_SoS_decision_for_WEB.pdf- ./Mr_Aaron_Goodwin__14661_-_SoS_decision_for_WEB.pdf-Mr Goodwin stated that he had fallen out with this third party when he had discovered ./Mr_Aaron_Goodwin__14661_-_SoS_decision_for_WEB.pdf:that the third party had been convicted of a sexual offence, but he stated he was unsure ./Mr_Aaron_Goodwin__14661_-_SoS_decision_for_WEB.pdf-of the details of this offence. Mr Goodwin stated that this third party was subject to police ./Mr_Aaron_Goodwin__14661_-_SoS_decision_for_WEB.pdf-supervision, and furthermore that after they had fallen out he suspected that the ./Mr_Aaron_Goodwin__14661_-_SoS_decision_for_WEB.pdf-individual was seeking to harass him and reported this to the police. No evidence was ./Mr_Aaron_Goodwin__14661_-_SoS_decision_for_WEB.pdf-provided of any reports made to the police about such harassment. Mr Goodwin made no ./Mr_Aaron_Goodwin__14661_-_SoS_decision_for_WEB.pdf-reference to any other specific third party who may have had access to his laptop either ./Mr_Aaron_Goodwin__14661_-_SoS_decision_for_WEB.pdf-whilst or after he left Newcastle. ./Mr_Aaron_Goodwin__14661_-_SoS_decision_for_WEB.pdf- ./Mr_Aaron_Goodwin__14661_-_SoS_decision_for_WEB.pdf-The panel notes that the transcripts are disjointed and incomplete, and further notes that ./Mr_Aaron_Goodwin__14661_-_SoS_decision_for_WEB.pdf-no videos were discovered. However, the conversations, whilst incomplete show a clear ./Mr_Aaron_Goodwin__14661_-_SoS_decision_for_WEB.pdf:pattern of some communication in relation to illegal sexual content. ./Mr_Aaron_Goodwin__14661_-_SoS_decision_for_WEB.pdf- ./Mr_Aaron_Goodwin__14661_-_SoS_decision_for_WEB.pdf-Mr Goodwin's argument that this conversation is so incriminating that use of his own ./Mr_Aaron_Goodwin__14661_-_SoS_decision_for_WEB.pdf-name, as a profile would be inherently unlikely does have some force. However, there is ./Mr_Aaron_Goodwin__14661_-_SoS_decision_for_WEB.pdf-no coherent or plausible explanation as to who else may have been responsible for these ./Mr_Aaron_Goodwin__14661_-_SoS_decision_for_WEB.pdf-conversations other than Mr Goodwin himself. The panel has considered Mr Goodwin's ./Mr_Aaron_Goodwin__14661_-_SoS_decision_for_WEB.pdf-evidence but does not regard his evidence on the point as credible. ./Mr_Aaron_Goodwin__14661_-_SoS_decision_for_WEB.pdf- ./Mr_Aaron_Goodwin__14661_-_SoS_decision_for_WEB.pdf-The panel does not regard it as plausible that the named third party would have ./Mr_Aaron_Goodwin__14661_-_SoS_decision_for_WEB.pdf-accessed Skype on Mr Goodwin's computer as described, and indeed no other third ./Mr_Aaron_Goodwin__14661_-_SoS_decision_for_WEB.pdf-party has been named. -- ./Mr_Aaron_Goodwin__14661_-_SoS_decision_for_WEB.pdf-Similarly, the panel does not regard it as credible that Mr Goodwin facilitated this, ./Mr_Aaron_Goodwin__14661_-_SoS_decision_for_WEB.pdf:discovered the individual was a sex offender, and then failed to mention this to the police ./Mr_Aaron_Goodwin__14661_-_SoS_decision_for_WEB.pdf-during their investigation into his alleged use of Grindr at which they seized his laptop. ./Mr_Aaron_Goodwin__14661_-_SoS_decision_for_WEB.pdf-The panel is of the view that if this third party had the access described by Mr Goodwin ./Mr_Aaron_Goodwin__14661_-_SoS_decision_for_WEB.pdf-then he would have mentioned this to the police either in interview, or indeed ./Mr_Aaron_Goodwin__14661_-_SoS_decision_for_WEB.pdf-subsequently when he suspected harassment by the third party. ./Mr_Aaron_Goodwin__14661_-_SoS_decision_for_WEB.pdf- ./Mr_Aaron_Goodwin__14661_-_SoS_decision_for_WEB.pdf-As at August 2014, Mr Goodwin on his own account had fallen out with this third party ./Mr_Aaron_Goodwin__14661_-_SoS_decision_for_WEB.pdf-and whilst Mr Goodwin claimed he retained a key, we do not regard it as plausible that he ./Mr_Aaron_Goodwin__14661_-_SoS_decision_for_WEB.pdf-would have accessed the flat and used the laptop in August 2014. ./Mr_Aaron_Goodwin__14661_-_SoS_decision_for_WEB.pdf- ./Mr_Aaron_Goodwin__14661_-_SoS_decision_for_WEB.pdf-However, of more relevance is the fact that Mr Goodwin left the Newcastle area in the ./Mr_Aaron_Goodwin__14661_-_SoS_decision_for_WEB.pdf-summer of 2014. Some of these conversations are dated January 2015 and thus the ./Mr_Aaron_Goodwin__14661_-_SoS_decision_for_WEB.pdf-named third party cannot have been responsible. This undermines Mr Goodwin's ./Mr_Aaron_Goodwin__14661_-_SoS_decision_for_WEB.pdf-account, which we do not regard as credible. ./Mr_Aaron_Goodwin__14661_-_SoS_decision_for_WEB.pdf- ./Mr_Aaron_Goodwin__14661_-_SoS_decision_for_WEB.pdf-There is clear evidence that Mr Goodwin had knowledge of attempts to send him files ./Mr_Aaron_Goodwin__14661_-_SoS_decision_for_WEB.pdf:containing images which by their descriptions alone referred to illegal sexual content. It is ./Mr_Aaron_Goodwin__14661_-_SoS_decision_for_WEB.pdf-also clear that Mr Goodwin requested Individual A to resend videos, which by virtue of ./Mr_Aaron_Goodwin__14661_-_SoS_decision_for_WEB.pdf:the conversation were intended to contain illegal sexual content. ./Mr_Aaron_Goodwin__14661_-_SoS_decision_for_WEB.pdf- ./Mr_Aaron_Goodwin__14661_-_SoS_decision_for_WEB.pdf-The panel find on the balance of probabilities that Mr Goodwin was responsible for these ./Mr_Aaron_Goodwin__14661_-_SoS_decision_for_WEB.pdf-communications. Consequently, this particular of the allegation is proved. ./Mr_Aaron_Goodwin__14661_-_SoS_decision_for_WEB.pdf- ./Mr_Aaron_Goodwin__14661_-_SoS_decision_for_WEB.pdf-4. On or around 1 May 2013, you sent messages to Individual B on Skype in which ./Mr_Aaron_Goodwin__14661_-_SoS_decision_for_WEB.pdf- you: ./Mr_Aaron_Goodwin__14661_-_SoS_decision_for_WEB.pdf-a. Stated that you were a teacher; ./Mr_Aaron_Goodwin__14661_-_SoS_decision_for_WEB.pdf:b. Stated that you were sexually attracted to male pupils at your school; ./Mr_Aaron_Goodwin__14661_-_SoS_decision_for_WEB.pdf-c. Stated that you masturbated at work; ./Mr_Aaron_Goodwin__14661_-_SoS_decision_for_WEB.pdf-d. Asked if he was into lads in their early teens; ./Mr_Aaron_Goodwin__14661_-_SoS_decision_for_WEB.pdf-e. Asked him to masturbate for you and told him to think of your "hot pupils". ./Mr_Aaron_Goodwin__14661_-_SoS_decision_for_WEB.pdf-For the reasons set out above under Allegation 3, the panel does not regard Mr ./Mr_Aaron_Goodwin__14661_-_SoS_decision_for_WEB.pdf-Goodwin's account of third party responsibility for the Skype conversations as credible. ./Mr_Aaron_Goodwin__14661_-_SoS_decision_for_WEB.pdf- ./Mr_Aaron_Goodwin__14661_-_SoS_decision_for_WEB.pdf-The conversation in May 2013 giving rise to this allegation is of a similar nature to the ./Mr_Aaron_Goodwin__14661_-_SoS_decision_for_WEB.pdf:conversation in Allegation 3 in as far as there is a commonality as regards sexual interest ./Mr_Aaron_Goodwin__14661_-_SoS_decision_for_WEB.pdf-in boys. The panel find that this conversation clearly contains each of the matters set out ./Mr_Aaron_Goodwin__14661_-_SoS_decision_for_WEB.pdf-in a. to e. above, and that it is more likely than not that Mr Goodwin was the author of ./Mr_Aaron_Goodwin__14661_-_SoS_decision_for_WEB.pdf:these and other messages of a sexually explicit nature. ./Mr_Aaron_Goodwin__14661_-_SoS_decision_for_WEB.pdf- ./Mr_Aaron_Goodwin__14661_-_SoS_decision_for_WEB.pdf-Consequently, the panel find this allegation to be proved. ./Mr_Aaron_Goodwin__14661_-_SoS_decision_for_WEB.pdf- ./Mr_Aaron_Goodwin__14661_-_SoS_decision_for_WEB.pdf- ./Mr_Aaron_Goodwin__14661_-_SoS_decision_for_WEB.pdf- ./Mr_Aaron_Goodwin__14661_-_SoS_decision_for_WEB.pdf- ./Mr_Aaron_Goodwin__14661_-_SoS_decision_for_WEB.pdf- 11 ./Mr_Aaron_Goodwin__14661_-_SoS_decision_for_WEB.pdf- -- ./Mr_Aaron_Goodwin__14661_-_SoS_decision_for_WEB.pdf-5. In doing the conduct at allegations 1 and/or 3 and 4 above your actions were ./Mr_Aaron_Goodwin__14661_-_SoS_decision_for_WEB.pdf: sexually motivated. ./Mr_Aaron_Goodwin__14661_-_SoS_decision_for_WEB.pdf-The panel have found that the allegations found proved at 3.b. and 4.b to e. were ./Mr_Aaron_Goodwin__14661_-_SoS_decision_for_WEB.pdf:sexually motivated and were so satisfied on the balance of probabilities. The panel has ./Mr_Aaron_Goodwin__14661_-_SoS_decision_for_WEB.pdf-had regard to the advice received and has accepted that advice. The panel considers ./Mr_Aaron_Goodwin__14661_-_SoS_decision_for_WEB.pdf:that acts can be regarded as sexually motivated if their objective is sexual gratification. ./Mr_Aaron_Goodwin__14661_-_SoS_decision_for_WEB.pdf- ./Mr_Aaron_Goodwin__14661_-_SoS_decision_for_WEB.pdf-As regards Allegation 1.a. the panel is not satisfied that simply accessing the application ./Mr_Aaron_Goodwin__14661_-_SoS_decision_for_WEB.pdf:Grindr is sexually motivated given that this application can be used for social purposes. ./Mr_Aaron_Goodwin__14661_-_SoS_decision_for_WEB.pdf-There is no evidence of the precise purpose for which Mr Goodwin accessed Grindr. ./Mr_Aaron_Goodwin__14661_-_SoS_decision_for_WEB.pdf- ./Mr_Aaron_Goodwin__14661_-_SoS_decision_for_WEB.pdf-As regards Allegation 3.b. the panel is satisfied that Mr Goodwin wanted to receive ./Mr_Aaron_Goodwin__14661_-_SoS_decision_for_WEB.pdf:videos of illegal sexual content and that this was sexually motivated. ./Mr_Aaron_Goodwin__14661_-_SoS_decision_for_WEB.pdf- ./Mr_Aaron_Goodwin__14661_-_SoS_decision_for_WEB.pdf-The panel finds that Allegations 4.b. to e. relate to communications, each of which was ./Mr_Aaron_Goodwin__14661_-_SoS_decision_for_WEB.pdf:sexually motivated. The panel is not satisfied that the assertion that Mr Goodwin was a ./Mr_Aaron_Goodwin__14661_-_SoS_decision_for_WEB.pdf:teacher (Allegation 4.a.) is intrinsically sexually motivated. ./Mr_Aaron_Goodwin__14661_-_SoS_decision_for_WEB.pdf- ./Mr_Aaron_Goodwin__14661_-_SoS_decision_for_WEB.pdf-Consequently, the panel find this allegation to be proved to the extent set out above. ./Mr_Aaron_Goodwin__14661_-_SoS_decision_for_WEB.pdf- ./Mr_Aaron_Goodwin__14661_-_SoS_decision_for_WEB.pdf- ./Mr_Aaron_Goodwin__14661_-_SoS_decision_for_WEB.pdf- ./Mr_Aaron_Goodwin__14661_-_SoS_decision_for_WEB.pdf-We have found the following particulars of the allegations against you to be not proved, ./Mr_Aaron_Goodwin__14661_-_SoS_decision_for_WEB.pdf-for these reasons: ./Mr_Aaron_Goodwin__14661_-_SoS_decision_for_WEB.pdf- ./Mr_Aaron_Goodwin__14661_-_SoS_decision_for_WEB.pdf-1. Whilst employed as a supply teacher at [a School in Gateshead] in 2014, and ./Mr_Aaron_Goodwin__14661_-_SoS_decision_for_WEB.pdf-whilst on the school's premises, you: -- ./Mr_Aaron_Goodwin__14661_-_SoS_decision_for_WEB.pdf-in this case Witness A, using Grindr as alleged. Therefore, the panel find this particular to ./Mr_Aaron_Goodwin__14661_-_SoS_decision_for_WEB.pdf-be not proved. ./Mr_Aaron_Goodwin__14661_-_SoS_decision_for_WEB.pdf- ./Mr_Aaron_Goodwin__14661_-_SoS_decision_for_WEB.pdf- c. Invited a member of the public to meet you in a toilet using Grindr; ./Mr_Aaron_Goodwin__14661_-_SoS_decision_for_WEB.pdf- ./Mr_Aaron_Goodwin__14661_-_SoS_decision_for_WEB.pdf-For the reasons set out above at 1b., we are not satisfied that Mr Goodwin invited a ./Mr_Aaron_Goodwin__14661_-_SoS_decision_for_WEB.pdf-member of the public, Witness A, to meet him in a toilet. Therefore, the panel find this ./Mr_Aaron_Goodwin__14661_-_SoS_decision_for_WEB.pdf-particular to be not proved. ./Mr_Aaron_Goodwin__14661_-_SoS_decision_for_WEB.pdf- ./Mr_Aaron_Goodwin__14661_-_SoS_decision_for_WEB.pdf- d. Informed a member of the public in a Grindr message that you had had a ./Mr_Aaron_Goodwin__14661_-_SoS_decision_for_WEB.pdf: sexual relationship with a 12-year-old child. ./Mr_Aaron_Goodwin__14661_-_SoS_decision_for_WEB.pdf-For the reasons set out above at 1.b., we are not satisfied that Mr Goodwin informed a ./Mr_Aaron_Goodwin__14661_-_SoS_decision_for_WEB.pdf:member of the public that he had had a sexual relationship with a 12-year-old. Therefore, ./Mr_Aaron_Goodwin__14661_-_SoS_decision_for_WEB.pdf-the panel find this particular to be not proved. ./Mr_Aaron_Goodwin__14661_-_SoS_decision_for_WEB.pdf- ./Mr_Aaron_Goodwin__14661_-_SoS_decision_for_WEB.pdf- 3. On or around 20 August 2014, you sent messages to Individual A on Skype ./Mr_Aaron_Goodwin__14661_-_SoS_decision_for_WEB.pdf- in which you: ./Mr_Aaron_Goodwin__14661_-_SoS_decision_for_WEB.pdf- ./Mr_Aaron_Goodwin__14661_-_SoS_decision_for_WEB.pdf- a. Received videos including but not limited to videos called: ./Mr_Aaron_Goodwin__14661_-_SoS_decision_for_WEB.pdf- ./Mr_Aaron_Goodwin__14661_-_SoS_decision_for_WEB.pdf- i. Boy Scout fuck fest; ./Mr_Aaron_Goodwin__14661_-_SoS_decision_for_WEB.pdf- ./Mr_Aaron_Goodwin__14661_-_SoS_decision_for_WEB.pdf- ii. Young boy and man suck each other; -- ./Mr_Aaron_Goodwin__14661_-_SoS_decision_for_WEB.pdf-standards expected of the profession. ./Mr_Aaron_Goodwin__14661_-_SoS_decision_for_WEB.pdf- ./Mr_Aaron_Goodwin__14661_-_SoS_decision_for_WEB.pdf-In relation to Allegations 1.a. and 2 the panel is satisfied that Mr Goodwin is guilty of ./Mr_Aaron_Goodwin__14661_-_SoS_decision_for_WEB.pdf-unacceptable professional conduct. Mr Goodwin has failed to have proper regard to the ./Mr_Aaron_Goodwin__14661_-_SoS_decision_for_WEB.pdf-polices of the school and failed to uphold public trust in the profession. ./Mr_Aaron_Goodwin__14661_-_SoS_decision_for_WEB.pdf- ./Mr_Aaron_Goodwin__14661_-_SoS_decision_for_WEB.pdf-The panel notes that Allegations 3 and 4 (and 5 as far as relevant to 3 and 4) took place ./Mr_Aaron_Goodwin__14661_-_SoS_decision_for_WEB.pdf-outside of the education setting. ./Mr_Aaron_Goodwin__14661_-_SoS_decision_for_WEB.pdf- ./Mr_Aaron_Goodwin__14661_-_SoS_decision_for_WEB.pdf-However, there were clear references in the April to July 2013 Skype conversation ./Mr_Aaron_Goodwin__14661_-_SoS_decision_for_WEB.pdf:(Allegation 4) to pupils as sexual objects, and to Mr Goodwin's role as a teacher and the ./Mr_Aaron_Goodwin__14661_-_SoS_decision_for_WEB.pdf:sexual gratification he derived from that role (Allegation 5). This breaches the need to ./Mr_Aaron_Goodwin__14661_-_SoS_decision_for_WEB.pdf-safeguard pupils and treat them with dignity. This conduct also clearly affects the way Mr ./Mr_Aaron_Goodwin__14661_-_SoS_decision_for_WEB.pdf-Goodwin fulfilled his teaching role and had the potential to expose pupils to risk and was ./Mr_Aaron_Goodwin__14661_-_SoS_decision_for_WEB.pdf-therefore unacceptable professional conduct. ./Mr_Aaron_Goodwin__14661_-_SoS_decision_for_WEB.pdf- ./Mr_Aaron_Goodwin__14661_-_SoS_decision_for_WEB.pdf-The panel has taken into account how the teaching profession is viewed by others and ./Mr_Aaron_Goodwin__14661_-_SoS_decision_for_WEB.pdf-considered the influence that teachers may have on pupils, parents and others in the ./Mr_Aaron_Goodwin__14661_-_SoS_decision_for_WEB.pdf-community. The panel has taken account of the uniquely influential role that teachers can ./Mr_Aaron_Goodwin__14661_-_SoS_decision_for_WEB.pdf-hold in pupils’ lives and that pupils must be able to view teachers as role models in the ./Mr_Aaron_Goodwin__14661_-_SoS_decision_for_WEB.pdf-way they behave. ./Mr_Aaron_Goodwin__14661_-_SoS_decision_for_WEB.pdf- -- ./Mr_Aaron_Goodwin__14661_-_SoS_decision_for_WEB.pdf-given in order to be punitive, or to show that blame has been apportioned, although they ./Mr_Aaron_Goodwin__14661_-_SoS_decision_for_WEB.pdf-are likely to have punitive effect. ./Mr_Aaron_Goodwin__14661_-_SoS_decision_for_WEB.pdf- ./Mr_Aaron_Goodwin__14661_-_SoS_decision_for_WEB.pdf-The panel has considered the particular public interest considerations set out in the ./Mr_Aaron_Goodwin__14661_-_SoS_decision_for_WEB.pdf-Advice and having done so has found a number of them to be relevant in this case, ./Mr_Aaron_Goodwin__14661_-_SoS_decision_for_WEB.pdf-namely: the protection of pupils and the protection of other members of the public, the ./Mr_Aaron_Goodwin__14661_-_SoS_decision_for_WEB.pdf-maintenance of public confidence in the profession and declaring and upholding proper ./Mr_Aaron_Goodwin__14661_-_SoS_decision_for_WEB.pdf-standards of conduct. ./Mr_Aaron_Goodwin__14661_-_SoS_decision_for_WEB.pdf- ./Mr_Aaron_Goodwin__14661_-_SoS_decision_for_WEB.pdf-The panel’s findings against Mr Goodwin included use of a social media dating ./Mr_Aaron_Goodwin__14661_-_SoS_decision_for_WEB.pdf:application on school premises, engagement in online conversations of a sexually explicit ./Mr_Aaron_Goodwin__14661_-_SoS_decision_for_WEB.pdf:nature involving reference to illegal sexual activity with minors, and a sexual interest in ./Mr_Aaron_Goodwin__14661_-_SoS_decision_for_WEB.pdf-pupils. Therefore, there is a strong public interest consideration in protecting members of ./Mr_Aaron_Goodwin__14661_-_SoS_decision_for_WEB.pdf-the public including pupils. ./Mr_Aaron_Goodwin__14661_-_SoS_decision_for_WEB.pdf- ./Mr_Aaron_Goodwin__14661_-_SoS_decision_for_WEB.pdf-The panel considers that public confidence in the profession could be seriously ./Mr_Aaron_Goodwin__14661_-_SoS_decision_for_WEB.pdf-weakened if conduct such as that found against Mr Goodwin were not treated with the ./Mr_Aaron_Goodwin__14661_-_SoS_decision_for_WEB.pdf-utmost seriousness when regulating the conduct of the profession. ./Mr_Aaron_Goodwin__14661_-_SoS_decision_for_WEB.pdf- ./Mr_Aaron_Goodwin__14661_-_SoS_decision_for_WEB.pdf-The panel also considered that a strong public interest consideration in declaring proper ./Mr_Aaron_Goodwin__14661_-_SoS_decision_for_WEB.pdf-standards of conduct in the profession was present as the conduct found against Mr ./Mr_Aaron_Goodwin__14661_-_SoS_decision_for_WEB.pdf-Goodwin was outside that which could reasonably be tolerated. -- ./Mr_Aaron_Goodwin__14661_-_SoS_decision_for_WEB.pdf-order may be appropriate if certain behaviours of a teacher have been proven. In the list ./Mr_Aaron_Goodwin__14661_-_SoS_decision_for_WEB.pdf-of such behaviours, those that are relevant in this case are: ./Mr_Aaron_Goodwin__14661_-_SoS_decision_for_WEB.pdf- ./Mr_Aaron_Goodwin__14661_-_SoS_decision_for_WEB.pdf-  serious departure from the personal and professional conduct elements of the ./Mr_Aaron_Goodwin__14661_-_SoS_decision_for_WEB.pdf- Teachers’ Standards; ./Mr_Aaron_Goodwin__14661_-_SoS_decision_for_WEB.pdf-  a serious and continuing risk to the well-being of pupils; ./Mr_Aaron_Goodwin__14661_-_SoS_decision_for_WEB.pdf:  sexual misconduct, e.g. involving actions that were sexually motivated or of a ./Mr_Aaron_Goodwin__14661_-_SoS_decision_for_WEB.pdf: sexual nature and that risked using or exploiting the trust, knowledge or influence ./Mr_Aaron_Goodwin__14661_-_SoS_decision_for_WEB.pdf- derived from the individual’s professional position. ./Mr_Aaron_Goodwin__14661_-_SoS_decision_for_WEB.pdf-Whilst there was no evidence of possession of indecent images, there was evidence that ./Mr_Aaron_Goodwin__14661_-_SoS_decision_for_WEB.pdf-Mr Goodwin was interested in such images and sought to obtain them. ./Mr_Aaron_Goodwin__14661_-_SoS_decision_for_WEB.pdf- ./Mr_Aaron_Goodwin__14661_-_SoS_decision_for_WEB.pdf-Even though there were behaviours that would point to a prohibition order being ./Mr_Aaron_Goodwin__14661_-_SoS_decision_for_WEB.pdf-appropriate, the panel went on to consider whether or not there were sufficient mitigating ./Mr_Aaron_Goodwin__14661_-_SoS_decision_for_WEB.pdf-factors to militate against a prohibition order being an appropriate and proportionate ./Mr_Aaron_Goodwin__14661_-_SoS_decision_for_WEB.pdf-measure to impose, particularly taking into account the nature and severity of the ./Mr_Aaron_Goodwin__14661_-_SoS_decision_for_WEB.pdf-behaviour in this case. ./Mr_Aaron_Goodwin__14661_-_SoS_decision_for_WEB.pdf- ./Mr_Aaron_Goodwin__14661_-_SoS_decision_for_WEB.pdf-There was no evidence to suggest that Mr Goodwin was acting under duress, and in fact ./Mr_Aaron_Goodwin__14661_-_SoS_decision_for_WEB.pdf:the panel found Mr Goodwin’s actions to be calculated and in some respects sexually ./Mr_Aaron_Goodwin__14661_-_SoS_decision_for_WEB.pdf-motivated. ./Mr_Aaron_Goodwin__14661_-_SoS_decision_for_WEB.pdf- ./Mr_Aaron_Goodwin__14661_-_SoS_decision_for_WEB.pdf-The panel is of the view that prohibition is both proportionate and appropriate. The panel ./Mr_Aaron_Goodwin__14661_-_SoS_decision_for_WEB.pdf-has decided that the public interest considerations outweigh the interests of Mr Goodwin. ./Mr_Aaron_Goodwin__14661_-_SoS_decision_for_WEB.pdf- ./Mr_Aaron_Goodwin__14661_-_SoS_decision_for_WEB.pdf-Accordingly, the panel makes a recommendation to the Secretary of State that a ./Mr_Aaron_Goodwin__14661_-_SoS_decision_for_WEB.pdf-prohibition order should be imposed with immediate effect. ./Mr_Aaron_Goodwin__14661_-_SoS_decision_for_WEB.pdf- ./Mr_Aaron_Goodwin__14661_-_SoS_decision_for_WEB.pdf-The panel went on to consider whether or not it would be appropriate for them to decide ./Mr_Aaron_Goodwin__14661_-_SoS_decision_for_WEB.pdf-to recommend that a review period of the order should be considered. The panel were ./Mr_Aaron_Goodwin__14661_-_SoS_decision_for_WEB.pdf-mindful that the Advice advises that a prohibition order applies for life, but there may be ./Mr_Aaron_Goodwin__14661_-_SoS_decision_for_WEB.pdf-circumstances in any given case that may make it appropriate to allow a teacher to apply ./Mr_Aaron_Goodwin__14661_-_SoS_decision_for_WEB.pdf-to have the prohibition order reviewed after a specified period of time that may not be ./Mr_Aaron_Goodwin__14661_-_SoS_decision_for_WEB.pdf-less than 2 years. ./Mr_Aaron_Goodwin__14661_-_SoS_decision_for_WEB.pdf- ./Mr_Aaron_Goodwin__14661_-_SoS_decision_for_WEB.pdf-The Advice indicates that there are behaviours that, if proven, would militate against a ./Mr_Aaron_Goodwin__14661_-_SoS_decision_for_WEB.pdf:review period being recommended. One of these behaviours includes serious sexual ./Mr_Aaron_Goodwin__14661_-_SoS_decision_for_WEB.pdf:misconduct, e.g. where the act was sexually motivated and resulted in or had the ./Mr_Aaron_Goodwin__14661_-_SoS_decision_for_WEB.pdf-potential to result in, harm to a person or persons, particularly where the individual has ./Mr_Aaron_Goodwin__14661_-_SoS_decision_for_WEB.pdf-used their professional position to influence or exploit a person or persons. ./Mr_Aaron_Goodwin__14661_-_SoS_decision_for_WEB.pdf- ./Mr_Aaron_Goodwin__14661_-_SoS_decision_for_WEB.pdf:The panel has found that Mr Goodwin has been responsible for serious sexual ./Mr_Aaron_Goodwin__14661_-_SoS_decision_for_WEB.pdf-misconduct. Whilst there is no evidence of Mr Goodwin causing any direct actual harm to ./Mr_Aaron_Goodwin__14661_-_SoS_decision_for_WEB.pdf-any individual pupils, by virtue of the matters found proved at Allegations 3.b. and 5, Mr ./Mr_Aaron_Goodwin__14661_-_SoS_decision_for_WEB.pdf- ./Mr_Aaron_Goodwin__14661_-_SoS_decision_for_WEB.pdf- ./Mr_Aaron_Goodwin__14661_-_SoS_decision_for_WEB.pdf- 16 ./Mr_Aaron_Goodwin__14661_-_SoS_decision_for_WEB.pdf- -- ./Mr_Aaron_Goodwin__14661_-_SoS_decision_for_WEB.pdf:Goodwin has encouraged the distribution of illegal sexual content involving minors who ./Mr_Aaron_Goodwin__14661_-_SoS_decision_for_WEB.pdf-inevitably would have been subject to harm by those involved in producing such content. ./Mr_Aaron_Goodwin__14661_-_SoS_decision_for_WEB.pdf- ./Mr_Aaron_Goodwin__14661_-_SoS_decision_for_WEB.pdf-Mr Goodwin denied the allegations throughout the hearing and expressed no remorse or ./Mr_Aaron_Goodwin__14661_-_SoS_decision_for_WEB.pdf-insight. ./Mr_Aaron_Goodwin__14661_-_SoS_decision_for_WEB.pdf- ./Mr_Aaron_Goodwin__14661_-_SoS_decision_for_WEB.pdf-The panel felt the findings indicated a situation in which a review period would not be ./Mr_Aaron_Goodwin__14661_-_SoS_decision_for_WEB.pdf-appropriate and as such decided that it would be proportionate in all the circumstances ./Mr_Aaron_Goodwin__14661_-_SoS_decision_for_WEB.pdf-for the prohibition order to be recommended without provisions for a review period. ./Mr_Aaron_Goodwin__14661_-_SoS_decision_for_WEB.pdf- ./Mr_Aaron_Goodwin__14661_-_SoS_decision_for_WEB.pdf- -- ./Mr_Aaron_Goodwin__14661_-_SoS_decision_for_WEB.pdf:  sexual misconduct, e.g. involving actions that were sexually motivated or of a ./Mr_Aaron_Goodwin__14661_-_SoS_decision_for_WEB.pdf: sexual nature and that risked using or exploiting the trust, knowledge or influence ./Mr_Aaron_Goodwin__14661_-_SoS_decision_for_WEB.pdf- derived from the individual’s professional position. ./Mr_Aaron_Goodwin__14661_-_SoS_decision_for_WEB.pdf-I have considered the panel’s recommendation carefully. The panel has considered the ./Mr_Aaron_Goodwin__14661_-_SoS_decision_for_WEB.pdf-particular public interest considerations set out in the Advice and having done so has ./Mr_Aaron_Goodwin__14661_-_SoS_decision_for_WEB.pdf-found a number of them to be relevant in this case, namely: the protection of pupils and ./Mr_Aaron_Goodwin__14661_-_SoS_decision_for_WEB.pdf-the protection of other members of the public; the maintenance of public confidence in ./Mr_Aaron_Goodwin__14661_-_SoS_decision_for_WEB.pdf-the profession and declaring and upholding proper standards of conduct. I agree with the ./Mr_Aaron_Goodwin__14661_-_SoS_decision_for_WEB.pdf-panel’s view. ./Mr_Aaron_Goodwin__14661_-_SoS_decision_for_WEB.pdf- ./Mr_Aaron_Goodwin__14661_-_SoS_decision_for_WEB.pdf-The panel’s findings against Mr Goodwin included use of a social media dating ./Mr_Aaron_Goodwin__14661_-_SoS_decision_for_WEB.pdf:application on school premises, engagement in online conversations of a sexually explicit ./Mr_Aaron_Goodwin__14661_-_SoS_decision_for_WEB.pdf:nature involving reference to illegal sexual activity with minors, and a sexual interest in ./Mr_Aaron_Goodwin__14661_-_SoS_decision_for_WEB.pdf-pupils. I agree with the panel that there is a strong public interest consideration in ./Mr_Aaron_Goodwin__14661_-_SoS_decision_for_WEB.pdf-protecting members of the public including pupils. ./Mr_Aaron_Goodwin__14661_-_SoS_decision_for_WEB.pdf- ./Mr_Aaron_Goodwin__14661_-_SoS_decision_for_WEB.pdf-I have taken into account the need to balance the public interest with the interests of the ./Mr_Aaron_Goodwin__14661_-_SoS_decision_for_WEB.pdf-teacher. I have taken into account the need to be proportionate. ./Mr_Aaron_Goodwin__14661_-_SoS_decision_for_WEB.pdf- ./Mr_Aaron_Goodwin__14661_-_SoS_decision_for_WEB.pdf-In this case, I agree with the recommendation of the panel that Mr Goodwin should be ./Mr_Aaron_Goodwin__14661_-_SoS_decision_for_WEB.pdf-prohibited from teaching. I agree that this is both an appropriate and proportionate ./Mr_Aaron_Goodwin__14661_-_SoS_decision_for_WEB.pdf-response. ./Mr_Aaron_Goodwin__14661_-_SoS_decision_for_WEB.pdf- ./Mr_Aaron_Goodwin__14661_-_SoS_decision_for_WEB.pdf-I now turn to the matter of a review period. The panel has found that Mr Goodwin has ./Mr_Aaron_Goodwin__14661_-_SoS_decision_for_WEB.pdf:been responsible for serious sexual misconduct. I note that although there was no ./Mr_Aaron_Goodwin__14661_-_SoS_decision_for_WEB.pdf-evidence of possession of indecent images, there was evidence that Mr Goodwin was ./Mr_Aaron_Goodwin__14661_-_SoS_decision_for_WEB.pdf-interested in such images and sought to obtain them. Mr Goodwin has encouraged the ./Mr_Aaron_Goodwin__14661_-_SoS_decision_for_WEB.pdf:distribution of illegal sexual content involving minors who inevitably would have been ./Mr_Aaron_Goodwin__14661_-_SoS_decision_for_WEB.pdf-subject to harm by those involved in producing such content. ./Mr_Aaron_Goodwin__14661_-_SoS_decision_for_WEB.pdf- ./Mr_Aaron_Goodwin__14661_-_SoS_decision_for_WEB.pdf-I note that Mr Goodwin denied the allegations throughout the hearing and expressed no ./Mr_Aaron_Goodwin__14661_-_SoS_decision_for_WEB.pdf-remorse or insight. ./Mr_Aaron_Goodwin__14661_-_SoS_decision_for_WEB.pdf- ./Mr_Aaron_Goodwin__14661_-_SoS_decision_for_WEB.pdf-For the reasons set out above, I agree with the recommendation of the panel that Mr ./Mr_Aaron_Goodwin__14661_-_SoS_decision_for_WEB.pdf-Goodwin should not be given a review period. ./Mr_Aaron_Goodwin__14661_-_SoS_decision_for_WEB.pdf- ./Mr_Aaron_Goodwin__14661_-_SoS_decision_for_WEB.pdf-This means that Mr Aaron Goodwin is prohibited from teaching indefinitely and ./Mr_Aaron_Goodwin__14661_-_SoS_decision_for_WEB.pdf-cannot teach in any school, sixth form college, relevant youth accommodation or ./Mr_Adam_James_-_Professional_conduct_panel_outcome.pdf-touched her leg during one or more tutoring sessions; ./Mr_Adam_James_-_Professional_conduct_panel_outcome.pdf- ./Mr_Adam_James_-_Professional_conduct_panel_outcome.pdf-2. He engaged in and/or developed an inappropriate relationship with Pupil A after she ./Mr_Adam_James_-_Professional_conduct_panel_outcome.pdf-had left the Academy in or around mid-2015, in that he; ./Mr_Adam_James_-_Professional_conduct_panel_outcome.pdf- ./Mr_Adam_James_-_Professional_conduct_panel_outcome.pdf-a. exchanged emails with her on one or more occasions, including via a personal email ./Mr_Adam_James_-_Professional_conduct_panel_outcome.pdf-account; ./Mr_Adam_James_-_Professional_conduct_panel_outcome.pdf- ./Mr_Adam_James_-_Professional_conduct_panel_outcome.pdf-b. sent her one or more messages via email and/or social media which included; ./Mr_Adam_James_-_Professional_conduct_panel_outcome.pdf- ./Mr_Adam_James_-_Professional_conduct_panel_outcome.pdf:i. comments of a flirtatious and/or sexual nature; ./Mr_Adam_James_-_Professional_conduct_panel_outcome.pdf- ./Mr_Adam_James_-_Professional_conduct_panel_outcome.pdf-ii. pictures of his penis and/or videos depicting masturbation; ./Mr_Adam_James_-_Professional_conduct_panel_outcome.pdf- ./Mr_Adam_James_-_Professional_conduct_panel_outcome.pdf-iii. requests for her to send him pictures of her; ./Mr_Adam_James_-_Professional_conduct_panel_outcome.pdf- ./Mr_Adam_James_-_Professional_conduct_panel_outcome.pdf-c. met with her on one or more occasions; ./Mr_Adam_James_-_Professional_conduct_panel_outcome.pdf- ./Mr_Adam_James_-_Professional_conduct_panel_outcome.pdf:d. engaged in sexual activity with her on one or more occasions between February 2016 ./Mr_Adam_James_-_Professional_conduct_panel_outcome.pdf-and October 2017; ./Mr_Adam_James_-_Professional_conduct_panel_outcome.pdf- ./Mr_Adam_James_-_Professional_conduct_panel_outcome.pdf:e. engaged in sexual intercourse with her on one or more occasions between October ./Mr_Adam_James_-_Professional_conduct_panel_outcome.pdf-2016 and October 2017; ./Mr_Adam_James_-_Professional_conduct_panel_outcome.pdf- ./Mr_Adam_James_-_Professional_conduct_panel_outcome.pdf-3. His behaviour as may be found proven; ./Mr_Adam_James_-_Professional_conduct_panel_outcome.pdf- ./Mr_Adam_James_-_Professional_conduct_panel_outcome.pdf:a. at allegation 1 above was sexually motivated; ./Mr_Adam_James_-_Professional_conduct_panel_outcome.pdf- ./Mr_Adam_James_-_Professional_conduct_panel_outcome.pdf:b. at allegation 2 above was sexually motivated and/or conduct of a sexual nature. ./Mr_Adam_James_-_Professional_conduct_panel_outcome.pdf- ./Mr_Adam_James_-_Professional_conduct_panel_outcome.pdf-In his response to the notice of referral, Mr James denied allegation 1 and denied that ./Mr_Adam_James_-_Professional_conduct_panel_outcome.pdf:such behaviour as may be found proven was sexually motivated. He admitted allegation ./Mr_Adam_James_-_Professional_conduct_panel_outcome.pdf-2 a but denied allegations 2b and 2c. With respect to what his now allegation 2d, in his ./Mr_Adam_James_-_Professional_conduct_panel_outcome.pdf:response to the notice of referral, Mr James admitted having engaged in sexual activity ./Mr_Adam_James_-_Professional_conduct_panel_outcome.pdf-with Pupil A on one or more occasions between October 2016 and October 2017 and ./Mr_Adam_James_-_Professional_conduct_panel_outcome.pdf:admitted that this was sexually motivated and/or conduct of a sexual nature. Mr James ./Mr_Adam_James_-_Professional_conduct_panel_outcome.pdf- ./Mr_Adam_James_-_Professional_conduct_panel_outcome.pdf- 4 ./Mr_Adam_James_-_Professional_conduct_panel_outcome.pdf- -- ./Mr_Adam_James_-_Professional_conduct_panel_outcome.pdf-accepted that those facts he had admitted amounted to unacceptable professional ./Mr_Adam_James_-_Professional_conduct_panel_outcome.pdf-conduct and/or conduct that may bring the profession into disrepute. ./Mr_Adam_James_-_Professional_conduct_panel_outcome.pdf- ./Mr_Adam_James_-_Professional_conduct_panel_outcome.pdf-Mr James has provided no response to the current allegations contained within the notice ./Mr_Adam_James_-_Professional_conduct_panel_outcome.pdf:of proceedings which now includes allegation 2e that he engaged in sexual intercourse ./Mr_Adam_James_-_Professional_conduct_panel_outcome.pdf-with Pupil A. That allegation did not form part of the earlier allegations contained within ./Mr_Adam_James_-_Professional_conduct_panel_outcome.pdf-the notice of referral. In the absence of a response to this allegation, Mr James was not ./Mr_Adam_James_-_Professional_conduct_panel_outcome.pdf-taken to have admitted it. ./Mr_Adam_James_-_Professional_conduct_panel_outcome.pdf- ./Mr_Adam_James_-_Professional_conduct_panel_outcome.pdf- ./Mr_Adam_James_-_Professional_conduct_panel_outcome.pdf-Preliminary applications ./Mr_Adam_James_-_Professional_conduct_panel_outcome.pdf-The panel noted that since the date of the referral to the TRA in this case, new Teacher ./Mr_Adam_James_-_Professional_conduct_panel_outcome.pdf-Misconduct Disciplinary procedures for the teaching profession were published in May ./Mr_Adam_James_-_Professional_conduct_panel_outcome.pdf-2020 (the “May 2020 Procedures”). The panel understands that the earlier provisions ./Mr_Adam_James_-_Professional_conduct_panel_outcome.pdf-contained within the Teacher misconduct disciplinary procedures for the teaching -- ./Mr_Adam_James_-_Professional_conduct_panel_outcome.pdf-Amending the allegations ./Mr_Adam_James_-_Professional_conduct_panel_outcome.pdf- ./Mr_Adam_James_-_Professional_conduct_panel_outcome.pdf-The presenting officer sought to amend the allegations to: ./Mr_Adam_James_-_Professional_conduct_panel_outcome.pdf- ./Mr_Adam_James_-_Professional_conduct_panel_outcome.pdf- • include the following additional words within the stem of the allegation “(“the ./Mr_Adam_James_-_Professional_conduct_panel_outcome.pdf- Academy”) and/or a teacher at the St Margaret Ward Catholic Academy” (the ./Mr_Adam_James_-_Professional_conduct_panel_outcome.pdf- “First Amendment”); ./Mr_Adam_James_-_Professional_conduct_panel_outcome.pdf: • amend allegation 2d to state “engaged in sexual activity with her on one or more ./Mr_Adam_James_-_Professional_conduct_panel_outcome.pdf- occasions between 2015 and October 2017” and amend allegation 2e to state ./Mr_Adam_James_-_Professional_conduct_panel_outcome.pdf: “engaged in sexual intercourse with her on one or more occasions between 2015 ./Mr_Adam_James_-_Professional_conduct_panel_outcome.pdf- and October 2017” (the “Second and Third Amendments”). ./Mr_Adam_James_-_Professional_conduct_panel_outcome.pdf-The panel noted that Mr James had been given an opportunity to make representations ./Mr_Adam_James_-_Professional_conduct_panel_outcome.pdf-regarding the amendment albeit that he was not invited to do so until 5pm on 10 June ./Mr_Adam_James_-_Professional_conduct_panel_outcome.pdf-2022. Nevertheless, Mr James was aware that the hearing was due to proceed, and ./Mr_Adam_James_-_Professional_conduct_panel_outcome.pdf-could have attended had he wished to make representations regarding the proposed ./Mr_Adam_James_-_Professional_conduct_panel_outcome.pdf-amendments. ./Mr_Adam_James_-_Professional_conduct_panel_outcome.pdf- ./Mr_Adam_James_-_Professional_conduct_panel_outcome.pdf-The panel considered the proposed amendments, and given the seriousness of the ./Mr_Adam_James_-_Professional_conduct_panel_outcome.pdf-allegations, was of the view that it is in the interests of justice for the allegation to be ./Mr_Adam_James_-_Professional_conduct_panel_outcome.pdf-properly formulated. -- ./Mr_Adam_James_-_Professional_conduct_panel_outcome.pdf-The panel exercised caution given Mr James absence from these proceedings. ./Mr_Adam_James_-_Professional_conduct_panel_outcome.pdf- ./Mr_Adam_James_-_Professional_conduct_panel_outcome.pdf-With regard to the First Amendment, the panel considered that the amendment more ./Mr_Adam_James_-_Professional_conduct_panel_outcome.pdf-accurately reflects Mr James’ employment status during the period of the allegations ./Mr_Adam_James_-_Professional_conduct_panel_outcome.pdf-given that Mr James had moved to the St Margaret Ward Catholic Academy in 2016. ./Mr_Adam_James_-_Professional_conduct_panel_outcome.pdf-There was no prospect of Mr James’ case being presented differently had this ./Mr_Adam_James_-_Professional_conduct_panel_outcome.pdf-amendment been made at an earlier stage, and therefore no unfairness or prejudice ./Mr_Adam_James_-_Professional_conduct_panel_outcome.pdf-caused to Mr James. ./Mr_Adam_James_-_Professional_conduct_panel_outcome.pdf- ./Mr_Adam_James_-_Professional_conduct_panel_outcome.pdf-The panel noted that the timescales set out in both allegation 2d and 2e contain ./Mr_Adam_James_-_Professional_conduct_panel_outcome.pdf:typographical errors given that Pupil A’s written statement refers to sexual activity having ./Mr_Adam_James_-_Professional_conduct_panel_outcome.pdf:taken place prior to February 2016, and sexual intercourse having taken place after ./Mr_Adam_James_-_Professional_conduct_panel_outcome.pdf-February 2016. ./Mr_Adam_James_-_Professional_conduct_panel_outcome.pdf- ./Mr_Adam_James_-_Professional_conduct_panel_outcome.pdf-The panel noted that Mr James has denied that anything unprofessional took place whilst ./Mr_Adam_James_-_Professional_conduct_panel_outcome.pdf:Pupil A was a pupil at the Academy but has admitted engaging in sexual activity with her ./Mr_Adam_James_-_Professional_conduct_panel_outcome.pdf-after she had left. ./Mr_Adam_James_-_Professional_conduct_panel_outcome.pdf- ./Mr_Adam_James_-_Professional_conduct_panel_outcome.pdf-The panel considered that the proposed Second and Third Amendments would not have ./Mr_Adam_James_-_Professional_conduct_panel_outcome.pdf-led to Mr James presenting his case differently had the amendments been made at an ./Mr_Adam_James_-_Professional_conduct_panel_outcome.pdf-earlier stage. The proposed Second and Third Amendments enable the allegations to be ./Mr_Adam_James_-_Professional_conduct_panel_outcome.pdf-properly formulated, in the event of there being any uncertainty as to the precise dates in ./Mr_Adam_James_-_Professional_conduct_panel_outcome.pdf-which the conduct is alleged to have occurred. ./Mr_Adam_James_-_Professional_conduct_panel_outcome.pdf- ./Mr_Adam_James_-_Professional_conduct_panel_outcome.pdf- ./Mr_Adam_James_-_Professional_conduct_panel_outcome.pdf- -- ./Mr_Adam_James_-_Professional_conduct_panel_outcome.pdf-emails. After a few weeks, the emails stopped. She then described, that after attending ./Mr_Adam_James_-_Professional_conduct_panel_outcome.pdf-an open evening at the Academy with her younger sister, and seeing him, that Mr James ./Mr_Adam_James_-_Professional_conduct_panel_outcome.pdf-began emailing her again and the emails continued, although he switched from his work ./Mr_Adam_James_-_Professional_conduct_panel_outcome.pdf-email address to his personal one when the emails became more explicit. The panel has ./Mr_Adam_James_-_Professional_conduct_panel_outcome.pdf-seen a sample exchange of messages between Pupil A and Mr James that evidences ./Mr_Adam_James_-_Professional_conduct_panel_outcome.pdf-their relationship, and considers that it is more probable than not that emails were ./Mr_Adam_James_-_Professional_conduct_panel_outcome.pdf-exchanged between them. ./Mr_Adam_James_-_Professional_conduct_panel_outcome.pdf- ./Mr_Adam_James_-_Professional_conduct_panel_outcome.pdf-b. sent her one or more messages via email and/or social media which included; ./Mr_Adam_James_-_Professional_conduct_panel_outcome.pdf- ./Mr_Adam_James_-_Professional_conduct_panel_outcome.pdf:i. comments of a flirtatious and/or sexual nature; ./Mr_Adam_James_-_Professional_conduct_panel_outcome.pdf- ./Mr_Adam_James_-_Professional_conduct_panel_outcome.pdf-ii. pictures of your penis and/or videos depicting masturbation; ./Mr_Adam_James_-_Professional_conduct_panel_outcome.pdf- ./Mr_Adam_James_-_Professional_conduct_panel_outcome.pdf-iii. requests for her to send you pictures of her; ./Mr_Adam_James_-_Professional_conduct_panel_outcome.pdf- ./Mr_Adam_James_-_Professional_conduct_panel_outcome.pdf-c. met with her on one or more occasions; ./Mr_Adam_James_-_Professional_conduct_panel_outcome.pdf- ./Mr_Adam_James_-_Professional_conduct_panel_outcome.pdf-The sample of messages exchanged between Mr James and Pupil A contain messages ./Mr_Adam_James_-_Professional_conduct_panel_outcome.pdf:sent by Mr James that are sexually explicit, contain heart emojis, “x”s (symbolising ./Mr_Adam_James_-_Professional_conduct_panel_outcome.pdf:kisses) and pictures that Pupil A confirmed were taken during sexual intercourse. The ./Mr_Adam_James_-_Professional_conduct_panel_outcome.pdf:panel considered these messages to be of a flirtatious and sexual nature. ./Mr_Adam_James_-_Professional_conduct_panel_outcome.pdf- ./Mr_Adam_James_-_Professional_conduct_panel_outcome.pdf-It would be consistent with the graphic nature of the images contained within the sample ./Mr_Adam_James_-_Professional_conduct_panel_outcome.pdf-for Mr James to have provided pictures of his penis and/or videos depicting him ./Mr_Adam_James_-_Professional_conduct_panel_outcome.pdf-masturbating. Pupil A has given evidence that such pictures and videos were sent to her ./Mr_Adam_James_-_Professional_conduct_panel_outcome.pdf-by Mr James. The panel noted that Pupil A had explained that Mr James had suggested ./Mr_Adam_James_-_Professional_conduct_panel_outcome.pdf-they use Snapchat to communicate as it was the best way to talk without people finding ./Mr_Adam_James_-_Professional_conduct_panel_outcome.pdf-out, and that was how he used to send the videos to her. The panel considered this to be ./Mr_Adam_James_-_Professional_conduct_panel_outcome.pdf-credible given that she went on to explain that, at that time, photographs and videos ./Mr_Adam_James_-_Professional_conduct_panel_outcome.pdf-would disappear quickly from snapchat and would not be saved unless a screenshot was ./Mr_Adam_James_-_Professional_conduct_panel_outcome.pdf-taken. -- ./Mr_Adam_James_-_Professional_conduct_panel_outcome.pdf-unlikely to encounter anyone they knew. Since Mr James has admitted engaging in ./Mr_Adam_James_-_Professional_conduct_panel_outcome.pdf:sexual activity with Pupil A, it is implicit that they must have met. ./Mr_Adam_James_-_Professional_conduct_panel_outcome.pdf- ./Mr_Adam_James_-_Professional_conduct_panel_outcome.pdf-The panel therefore found this allegation proven in its entirety. ./Mr_Adam_James_-_Professional_conduct_panel_outcome.pdf- ./Mr_Adam_James_-_Professional_conduct_panel_outcome.pdf:d. engaged in sexual activity with her on one or more occasions between June ./Mr_Adam_James_-_Professional_conduct_panel_outcome.pdf-2015 and October 2017; ./Mr_Adam_James_-_Professional_conduct_panel_outcome.pdf- ./Mr_Adam_James_-_Professional_conduct_panel_outcome.pdf:In his response to the notice of referral, Mr James has admitted engaging in sexual ./Mr_Adam_James_-_Professional_conduct_panel_outcome.pdf-activity with Pupil A on one or more occasions between October 2016 and October 2017. ./Mr_Adam_James_-_Professional_conduct_panel_outcome.pdf- ./Mr_Adam_James_-_Professional_conduct_panel_outcome.pdf:Pupil A clarified in oral evidence that she had engaged in oral sex with Mr James before ./Mr_Adam_James_-_Professional_conduct_panel_outcome.pdf-[REDACTED], whilst she was 16 years old. On Pupil A’s account this was at some time ./Mr_Adam_James_-_Professional_conduct_panel_outcome.pdf-after November 2015, she having left the school in June 2015. ./Mr_Adam_James_-_Professional_conduct_panel_outcome.pdf- ./Mr_Adam_James_-_Professional_conduct_panel_outcome.pdf-The pictures exchanged in the sample of messages seen by the panel depict Mr James ./Mr_Adam_James_-_Professional_conduct_panel_outcome.pdf:and Pupil A engaging in sexual activity and the messages are sexually explicit. ./Mr_Adam_James_-_Professional_conduct_panel_outcome.pdf- ./Mr_Adam_James_-_Professional_conduct_panel_outcome.pdf-The panel found this allegation proven. ./Mr_Adam_James_-_Professional_conduct_panel_outcome.pdf- ./Mr_Adam_James_-_Professional_conduct_panel_outcome.pdf:e. engaged in sexual intercourse with her on one or more occasions between June ./Mr_Adam_James_-_Professional_conduct_panel_outcome.pdf-2015 and October 2017; ./Mr_Adam_James_-_Professional_conduct_panel_outcome.pdf- ./Mr_Adam_James_-_Professional_conduct_panel_outcome.pdf:Pupil A clarified in oral evidence that she did not have sexual intercourse with Mr James ./Mr_Adam_James_-_Professional_conduct_panel_outcome.pdf-until after she was 17, so after [REDACTED]. ./Mr_Adam_James_-_Professional_conduct_panel_outcome.pdf- ./Mr_Adam_James_-_Professional_conduct_panel_outcome.pdf-Given the explicit nature of the sample of messages seen by the panel that included ./Mr_Adam_James_-_Professional_conduct_panel_outcome.pdf:reference to sexual intercourse between Pupil A and Mr James, the panel found this ./Mr_Adam_James_-_Professional_conduct_panel_outcome.pdf-allegation proven. ./Mr_Adam_James_-_Professional_conduct_panel_outcome.pdf- ./Mr_Adam_James_-_Professional_conduct_panel_outcome.pdf-3. Your behaviour as may be found proven; ./Mr_Adam_James_-_Professional_conduct_panel_outcome.pdf- ./Mr_Adam_James_-_Professional_conduct_panel_outcome.pdf:a. at allegation 1 above was sexually motivated; ./Mr_Adam_James_-_Professional_conduct_panel_outcome.pdf- ./Mr_Adam_James_-_Professional_conduct_panel_outcome.pdf-The panel noted that there was a period after Pupil A left the school in which Pupil A and ./Mr_Adam_James_-_Professional_conduct_panel_outcome.pdf-Mr James were not in touch, and that the contact between them began after Pupil A had ./Mr_Adam_James_-_Professional_conduct_panel_outcome.pdf-initiated contact with Mr James with a view to seeking a reference. The panel did not ./Mr_Adam_James_-_Professional_conduct_panel_outcome.pdf:therefore consider that it was likely that Mr James’ actions were in pursuit of a sexual ./Mr_Adam_James_-_Professional_conduct_panel_outcome.pdf-relationship. ./Mr_Adam_James_-_Professional_conduct_panel_outcome.pdf- ./Mr_Adam_James_-_Professional_conduct_panel_outcome.pdf-However, Pupil A stated that whilst they were in a relationship after Pupil A had left the ./Mr_Adam_James_-_Professional_conduct_panel_outcome.pdf-Academy, Mr James had admitted to her that he used to touch her leg with his ./Mr_Adam_James_-_Professional_conduct_panel_outcome.pdf-deliberately during the lessons as he liked it and that he did it to get closer to her. As ./Mr_Adam_James_-_Professional_conduct_panel_outcome.pdf-referred to above, there was no indication that Pupil A’s account was prompted by her ./Mr_Adam_James_-_Professional_conduct_panel_outcome.pdf-cousin expressing concern about her relationship with a former teacher. It was open to ./Mr_Adam_James_-_Professional_conduct_panel_outcome.pdf-Mr James to sit elsewhere in the classroom, or for tutoring sessions to be held with other ./Mr_Adam_James_-_Professional_conduct_panel_outcome.pdf-pupils present. ./Mr_Adam_James_-_Professional_conduct_panel_outcome.pdf- -- ./Mr_Adam_James_-_Professional_conduct_panel_outcome.pdf-In those circumstances the panel considered Mr James’ behaviour to have been in ./Mr_Adam_James_-_Professional_conduct_panel_outcome.pdf:pursuit of sexual gratification and found this allegation proven. ./Mr_Adam_James_-_Professional_conduct_panel_outcome.pdf- ./Mr_Adam_James_-_Professional_conduct_panel_outcome.pdf:b. at allegation 2 above was sexually motivated and/or conduct of a sexual nature. ./Mr_Adam_James_-_Professional_conduct_panel_outcome.pdf- ./Mr_Adam_James_-_Professional_conduct_panel_outcome.pdf-In the response to the notice of referral, Mr James has admitted that his conduct was ./Mr_Adam_James_-_Professional_conduct_panel_outcome.pdf:sexually motivated and /or conduct of a sexual nature. ./Mr_Adam_James_-_Professional_conduct_panel_outcome.pdf- ./Mr_Adam_James_-_Professional_conduct_panel_outcome.pdf-Furthermore, a reasonable person would consider that the conduct found proven at ./Mr_Adam_James_-_Professional_conduct_panel_outcome.pdf:allegation 2 above including engaging in sexual activity and sexual intercourse with Pupil ./Mr_Adam_James_-_Professional_conduct_panel_outcome.pdf:A was conduct that was by its very nature sexual. A sexual motivation can be inferred ./Mr_Adam_James_-_Professional_conduct_panel_outcome.pdf:given that the relationship was a sexual one. ./Mr_Adam_James_-_Professional_conduct_panel_outcome.pdf- ./Mr_Adam_James_-_Professional_conduct_panel_outcome.pdf-Findings as to unacceptable professional conduct and/or conduct that ./Mr_Adam_James_-_Professional_conduct_panel_outcome.pdf-may bring the profession into disrepute ./Mr_Adam_James_-_Professional_conduct_panel_outcome.pdf- ./Mr_Adam_James_-_Professional_conduct_panel_outcome.pdf-Having found all of the allegations proved, the panel went on to consider whether the ./Mr_Adam_James_-_Professional_conduct_panel_outcome.pdf-facts of those proven allegations amounted to unacceptable professional conduct and/or ./Mr_Adam_James_-_Professional_conduct_panel_outcome.pdf-conduct that may bring the profession into disrepute. ./Mr_Adam_James_-_Professional_conduct_panel_outcome.pdf- ./Mr_Adam_James_-_Professional_conduct_panel_outcome.pdf-In doing so, the panel had regard to the document Teacher Misconduct: The Prohibition ./Mr_Adam_James_-_Professional_conduct_panel_outcome.pdf-of Teachers, which is referred to as “the Advice”. -- ./Mr_Adam_James_-_Professional_conduct_panel_outcome.pdf-Safeguard Children. ./Mr_Adam_James_-_Professional_conduct_panel_outcome.pdf- ./Mr_Adam_James_-_Professional_conduct_panel_outcome.pdf-The panel was satisfied that the conduct of Mr James fell significantly short of the ./Mr_Adam_James_-_Professional_conduct_panel_outcome.pdf-standard of behaviour expected of a teacher. ./Mr_Adam_James_-_Professional_conduct_panel_outcome.pdf- ./Mr_Adam_James_-_Professional_conduct_panel_outcome.pdf-The panel also considered whether Mr James’ conduct displayed behaviours associated ./Mr_Adam_James_-_Professional_conduct_panel_outcome.pdf-with any of the offences in the list that begins on page 12 of the Advice. ./Mr_Adam_James_-_Professional_conduct_panel_outcome.pdf- ./Mr_Adam_James_-_Professional_conduct_panel_outcome.pdf-The panel found that the offences of: ./Mr_Adam_James_-_Professional_conduct_panel_outcome.pdf- ./Mr_Adam_James_-_Professional_conduct_panel_outcome.pdf: • sexual activity; ./Mr_Adam_James_-_Professional_conduct_panel_outcome.pdf: • sexual communication with a child; ./Mr_Adam_James_-_Professional_conduct_panel_outcome.pdf- • any activity involving viewing, taking, making, possessing, distributing or ./Mr_Adam_James_-_Professional_conduct_panel_outcome.pdf- publishing any indecent photograph or image or indecent pseudo photograph or ./Mr_Adam_James_-_Professional_conduct_panel_outcome.pdf- image of a child, or permitting any such activity, including one-off incidents; and ./Mr_Adam_James_-_Professional_conduct_panel_outcome.pdf- • controlling or coercive behaviour. ./Mr_Adam_James_-_Professional_conduct_panel_outcome.pdf-were relevant. ./Mr_Adam_James_-_Professional_conduct_panel_outcome.pdf- ./Mr_Adam_James_-_Professional_conduct_panel_outcome.pdf-The panel considered Mr James’ conduct to have been controlling given that he sought ./Mr_Adam_James_-_Professional_conduct_panel_outcome.pdf-to ensure that Pupil A kept their relationship a secret, as otherwise there could be ./Mr_Adam_James_-_Professional_conduct_panel_outcome.pdf-consequences for him. ./Mr_Adam_James_-_Professional_conduct_panel_outcome.pdf- -- ./Mr_Adam_James_-_Professional_conduct_panel_outcome.pdf- ./Mr_Adam_James_-_Professional_conduct_panel_outcome.pdf- serious departure from the personal and professional conduct elements of the ./Mr_Adam_James_-_Professional_conduct_panel_outcome.pdf- Teachers’ Standards; ./Mr_Adam_James_-_Professional_conduct_panel_outcome.pdf- ./Mr_Adam_James_-_Professional_conduct_panel_outcome.pdf- misconduct seriously affecting the education and/or safeguarding and well-being of ./Mr_Adam_James_-_Professional_conduct_panel_outcome.pdf- pupils, and particularly where there is a continuing risk; ./Mr_Adam_James_-_Professional_conduct_panel_outcome.pdf- ./Mr_Adam_James_-_Professional_conduct_panel_outcome.pdf- abuse of position or trust (particularly involving vulnerable pupils) ./Mr_Adam_James_-_Professional_conduct_panel_outcome.pdf- ./Mr_Adam_James_-_Professional_conduct_panel_outcome.pdf- an abuse of any trust, knowledge, or influence gained through their professional ./Mr_Adam_James_-_Professional_conduct_panel_outcome.pdf: position in order to advance a romantic or sexual relationship with a pupil or former ./Mr_Adam_James_-_Professional_conduct_panel_outcome.pdf- pupil; ./Mr_Adam_James_-_Professional_conduct_panel_outcome.pdf- ./Mr_Adam_James_-_Professional_conduct_panel_outcome.pdf: sexual misconduct, for example, involving actions that were sexually motivated or of a ./Mr_Adam_James_-_Professional_conduct_panel_outcome.pdf: sexual nature and/or that use or exploit the trust, knowledge or influence derived ./Mr_Adam_James_-_Professional_conduct_panel_outcome.pdf- from the individual’s professional position; ./Mr_Adam_James_-_Professional_conduct_panel_outcome.pdf- ./Mr_Adam_James_-_Professional_conduct_panel_outcome.pdf- any activity involving viewing, taking, making, possessing, distributing or publishing ./Mr_Adam_James_-_Professional_conduct_panel_outcome.pdf- any indecent photograph or image or indecent pseudo photograph or image of a ./Mr_Adam_James_-_Professional_conduct_panel_outcome.pdf- child, or permitting such activity, including one-off incidents; ./Mr_Adam_James_-_Professional_conduct_panel_outcome.pdf- ./Mr_Adam_James_-_Professional_conduct_panel_outcome.pdf- ./Mr_Adam_James_-_Professional_conduct_panel_outcome.pdf- 16 ./Mr_Adam_James_-_Professional_conduct_panel_outcome.pdf- -- ./Mr_Adam_James_-_Professional_conduct_panel_outcome.pdf-The panel was of the view that prohibition was both proportionate and appropriate. The ./Mr_Adam_James_-_Professional_conduct_panel_outcome.pdf-panel decided that the public interest considerations outweighed the interests of Mr ./Mr_Adam_James_-_Professional_conduct_panel_outcome.pdf-James. The failure by Mr James to recognise the impact of his actions was a significant ./Mr_Adam_James_-_Professional_conduct_panel_outcome.pdf-factor in forming that opinion, since it gives no assurance regarding the risk of repetition. ./Mr_Adam_James_-_Professional_conduct_panel_outcome.pdf-Mr James clearly recognised that the relationship was inappropriate, given his attempts ./Mr_Adam_James_-_Professional_conduct_panel_outcome.pdf:to conceal it. Despite this he proceeded with his actions for his own sexual gratification. ./Mr_Adam_James_-_Professional_conduct_panel_outcome.pdf-Accordingly, the panel made a recommendation to the Secretary of State that a ./Mr_Adam_James_-_Professional_conduct_panel_outcome.pdf-prohibition order should be imposed with immediate effect. ./Mr_Adam_James_-_Professional_conduct_panel_outcome.pdf- ./Mr_Adam_James_-_Professional_conduct_panel_outcome.pdf-The panel went on to consider whether or not it would be appropriate for it to decide to ./Mr_Adam_James_-_Professional_conduct_panel_outcome.pdf-recommend a review period of the order. The panel was mindful that the Advice states ./Mr_Adam_James_-_Professional_conduct_panel_outcome.pdf-that a prohibition order applies for life, but there may be circumstances, in any given ./Mr_Adam_James_-_Professional_conduct_panel_outcome.pdf-case, that may make it appropriate to allow a teacher to apply to have the prohibition ./Mr_Adam_James_-_Professional_conduct_panel_outcome.pdf-order reviewed after a specified period of time that may not be less than 2 years. ./Mr_Adam_James_-_Professional_conduct_panel_outcome.pdf- ./Mr_Adam_James_-_Professional_conduct_panel_outcome.pdf-The Advice indicates that there are cases involving certain conduct where it is likely that ./Mr_Adam_James_-_Professional_conduct_panel_outcome.pdf-the public interest will have greater relevance and weigh in favour of not offering a review ./Mr_Adam_James_-_Professional_conduct_panel_outcome.pdf-period. These cases include: ./Mr_Adam_James_-_Professional_conduct_panel_outcome.pdf- ./Mr_Adam_James_-_Professional_conduct_panel_outcome.pdf:serious sexual misconduct, eg where the act was sexually motivated and resulted in, or ./Mr_Adam_James_-_Professional_conduct_panel_outcome.pdf-had the potential to result in, harm to a person or persons, particularly where the ./Mr_Adam_James_-_Professional_conduct_panel_outcome.pdf-individual has used his professional position to influence or exploit a person or persons; ./Mr_Adam_James_-_Professional_conduct_panel_outcome.pdf- ./Mr_Adam_James_-_Professional_conduct_panel_outcome.pdf:any sexual misconduct involving a child; and ./Mr_Adam_James_-_Professional_conduct_panel_outcome.pdf- ./Mr_Adam_James_-_Professional_conduct_panel_outcome.pdf-any activity involving viewing, taking, making, possessing, distributing or publishing any ./Mr_Adam_James_-_Professional_conduct_panel_outcome.pdf-indecent photograph or image or indecent pseudo photograph or image of a child, ./Mr_Adam_James_-_Professional_conduct_panel_outcome.pdf-including one off incidents. ./Mr_Adam_James_-_Professional_conduct_panel_outcome.pdf- ./Mr_Adam_James_-_Professional_conduct_panel_outcome.pdf:The panel found that Mr James was responsible for conduct that was sexually motivated. ./Mr_Adam_James_-_Professional_conduct_panel_outcome.pdf-He was able to develop the relationship with Pupil A whilst she was still a minor, as a ./Mr_Adam_James_-_Professional_conduct_panel_outcome.pdf-result of the position of trust he had been in as her teacher. This resulted in emotional ./Mr_Adam_James_-_Professional_conduct_panel_outcome.pdf-harm being caused to Pupil A. During the course of that relationship, he encouraged her ./Mr_Adam_James_-_Professional_conduct_panel_outcome.pdf-to share explicit photographs of herself with him. ./Mr_Adam_James_-_Professional_conduct_panel_outcome.pdf- ./Mr_Adam_James_-_Professional_conduct_panel_outcome.pdf-In the absence of any remorse, apology or insight, and the fact that Mr James was ./Mr_Adam_James_-_Professional_conduct_panel_outcome.pdf-prepared to risk the career that he had not long embarked on, the panel considered that ./Mr_Adam_James_-_Professional_conduct_panel_outcome.pdf-there was a real risk of repetition. ./Mr_Adam_James_-_Professional_conduct_panel_outcome.pdf- ./Mr_Adam_James_-_Professional_conduct_panel_outcome.pdf-The panel decided that the findings indicated a situation in which a review period would -- ./Mr_Adam_James_-_Professional_conduct_panel_outcome.pdf- frameworks which set out their professional duties and responsibilities. ./Mr_Adam_James_-_Professional_conduct_panel_outcome.pdf- ./Mr_Adam_James_-_Professional_conduct_panel_outcome.pdf-The panel was satisfied that the conduct of Mr James, involved breaches of the ./Mr_Adam_James_-_Professional_conduct_panel_outcome.pdf-responsibilities and duties set out in statutory guidance Keeping children safe in ./Mr_Adam_James_-_Professional_conduct_panel_outcome.pdf-education (KCSIE) and involved breaches of Working Together to Safeguard Children. ./Mr_Adam_James_-_Professional_conduct_panel_outcome.pdf- ./Mr_Adam_James_-_Professional_conduct_panel_outcome.pdf-The panel finds that the conduct of Mr James fell significantly short of the standards ./Mr_Adam_James_-_Professional_conduct_panel_outcome.pdf-expected of the profession. ./Mr_Adam_James_-_Professional_conduct_panel_outcome.pdf- ./Mr_Adam_James_-_Professional_conduct_panel_outcome.pdf-The findings of misconduct are particularly serious as they include findings of engaging in ./Mr_Adam_James_-_Professional_conduct_panel_outcome.pdf:sexual activity with Pupil A and engaging in sexual intercourse with Pupil A. ./Mr_Adam_James_-_Professional_conduct_panel_outcome.pdf- ./Mr_Adam_James_-_Professional_conduct_panel_outcome.pdf-I have to determine whether the imposition of a prohibition order is proportionate and in ./Mr_Adam_James_-_Professional_conduct_panel_outcome.pdf-the public interest. In considering that for this case, I have considered the overall aim of a ./Mr_Adam_James_-_Professional_conduct_panel_outcome.pdf-prohibition order which is to protect pupils and to maintain public confidence in the ./Mr_Adam_James_-_Professional_conduct_panel_outcome.pdf- ./Mr_Adam_James_-_Professional_conduct_panel_outcome.pdf- 19 ./Mr_Adam_James_-_Professional_conduct_panel_outcome.pdf- -- ./Mr_Adam_James_-_Professional_conduct_panel_outcome.pdf-I have also asked myself, whether a less intrusive measure, such as the published ./Mr_Adam_James_-_Professional_conduct_panel_outcome.pdf-finding of unacceptable professional conduct and conduct that may bring the profession ./Mr_Adam_James_-_Professional_conduct_panel_outcome.pdf-into disrepute, would itself be sufficient to achieve the overall aim. I have to consider ./Mr_Adam_James_-_Professional_conduct_panel_outcome.pdf-whether the consequences of such a publication are themselves sufficient. I have ./Mr_Adam_James_-_Professional_conduct_panel_outcome.pdf-considered therefore whether or not prohibiting Mr James, and the impact that will have ./Mr_Adam_James_-_Professional_conduct_panel_outcome.pdf-on the teacher, is proportionate and in the public interest. ./Mr_Adam_James_-_Professional_conduct_panel_outcome.pdf- ./Mr_Adam_James_-_Professional_conduct_panel_outcome.pdf-In this case, I have considered the extent to which a prohibition order would protect ./Mr_Adam_James_-_Professional_conduct_panel_outcome.pdf-children/safeguard pupils. The panel has observed, “Mr James clearly recognised that ./Mr_Adam_James_-_Professional_conduct_panel_outcome.pdf-the relationship was inappropriate, given his attempts to conceal it. Despite this he ./Mr_Adam_James_-_Professional_conduct_panel_outcome.pdf:proceeded with his actions for his own sexual gratification.” A prohibition order would ./Mr_Adam_James_-_Professional_conduct_panel_outcome.pdf-therefore prevent such a risk from being present in the future. ./Mr_Adam_James_-_Professional_conduct_panel_outcome.pdf- ./Mr_Adam_James_-_Professional_conduct_panel_outcome.pdf-I have also taken into account the panel’s comments on insight and remorse, which the ./Mr_Adam_James_-_Professional_conduct_panel_outcome.pdf-panel sets out as follows, “Mr James initially provided limited co-operation with these ./Mr_Adam_James_-_Professional_conduct_panel_outcome.pdf-proceedings having provided a response to the notice of referral and having sent two ./Mr_Adam_James_-_Professional_conduct_panel_outcome.pdf-emails with representations in December 2019 and March 2020. Since then, he has not ./Mr_Adam_James_-_Professional_conduct_panel_outcome.pdf-engaged with the proceedings and has not conveyed any insight as to the impact of his ./Mr_Adam_James_-_Professional_conduct_panel_outcome.pdf-actions on Pupil A. He has expressed no remorse for his actions.” In my judgement, the ./Mr_Adam_James_-_Professional_conduct_panel_outcome.pdf-lack of insight means that there is some risk of the repetition of this behaviour and this ./Mr_Adam_James_-_Professional_conduct_panel_outcome.pdf-puts at risk the future wellbeing of pupils’. I have therefore given this element -- ./Mr_Adam_James_-_Professional_conduct_panel_outcome.pdf-references or testimonial evidence presented to the panel.” A prohibition order would ./Mr_Adam_James_-_Professional_conduct_panel_outcome.pdf-prevent Mr James from teaching and would also clearly deprive the public of his ./Mr_Adam_James_-_Professional_conduct_panel_outcome.pdf-contribution to the profession for the period that it is in force. ./Mr_Adam_James_-_Professional_conduct_panel_outcome.pdf- ./Mr_Adam_James_-_Professional_conduct_panel_outcome.pdf-In this case, I have placed considerable weight on the panel’s comments concerning the ./Mr_Adam_James_-_Professional_conduct_panel_outcome.pdf-lack of insight or remorse. The panel has said, “In the absence of any remorse, apology ./Mr_Adam_James_-_Professional_conduct_panel_outcome.pdf-or insight, and the fact that Mr James was prepared to risk the career that he had not ./Mr_Adam_James_-_Professional_conduct_panel_outcome.pdf-long embarked on, the panel considered that there was a real risk of repetition.” ./Mr_Adam_James_-_Professional_conduct_panel_outcome.pdf- ./Mr_Adam_James_-_Professional_conduct_panel_outcome.pdf-I have also placed considerable weight on the panel’s comment that Mr James “was ./Mr_Adam_James_-_Professional_conduct_panel_outcome.pdf:responsible for conduct that was sexually motivated. He was able to develop the ./Mr_Adam_James_-_Professional_conduct_panel_outcome.pdf-relationship with Pupil A whilst she was still a minor, as a result of the position of trust he ./Mr_Adam_James_-_Professional_conduct_panel_outcome.pdf-had been in as her teacher. This resulted in emotional harm being caused to Pupil A.” ./Mr_Adam_James_-_Professional_conduct_panel_outcome.pdf- ./Mr_Adam_James_-_Professional_conduct_panel_outcome.pdf-I have given less weight in my consideration of sanction therefore, to the contribution that ./Mr_Adam_James_-_Professional_conduct_panel_outcome.pdf-Mr James has made to the profession. In my view, it is necessary to impose a prohibition ./Mr_Adam_James_-_Professional_conduct_panel_outcome.pdf-order in order to maintain public confidence in the profession. A published decision, in ./Mr_Adam_James_-_Professional_conduct_panel_outcome.pdf-light of the circumstances in this case, that is not backed up by remorse or insight, does ./Mr_Adam_James_-_Professional_conduct_panel_outcome.pdf-not in my view satisfy the public interest requirement concerning public confidence in the ./Mr_Adam_James_-_Professional_conduct_panel_outcome.pdf-profession. ./Mr_Adam_James_-_Professional_conduct_panel_outcome.pdf- ./Mr_Adam_James_-_Professional_conduct_panel_outcome.pdf-For these reasons, I have concluded that a prohibition order is proportionate and in the ./Mr_Adam_James_-_Professional_conduct_panel_outcome.pdf-public interest in order to achieve the intended aims of a prohibition order. ./Mr_Adam_James_-_Professional_conduct_panel_outcome.pdf- ./Mr_Adam_James_-_Professional_conduct_panel_outcome.pdf-I have gone on to consider the matter of a review period. In this case, the panel has ./Mr_Adam_James_-_Professional_conduct_panel_outcome.pdf-recommended that no provision should be made for a review period. ./Mr_Adam_James_-_Professional_conduct_panel_outcome.pdf- ./Mr_Adam_James_-_Professional_conduct_panel_outcome.pdf-I have considered whether not allowing a review period reflects the seriousness of the ./Mr_Adam_James_-_Professional_conduct_panel_outcome.pdf-findings and is a proportionate period to achieve the aim of maintaining public confidence ./Mr_Adam_James_-_Professional_conduct_panel_outcome.pdf-in the profession. In this case, factors mean that allowing a review period is not sufficient ./Mr_Adam_James_-_Professional_conduct_panel_outcome.pdf-to achieve the aim of maintaining public confidence in the profession. These elements ./Mr_Adam_James_-_Professional_conduct_panel_outcome.pdf:are the serious nature of the misconduct, the sexual motivation, and the lack of insight or ./Mr_Adam_James_-_Professional_conduct_panel_outcome.pdf-remorse. I consider therefore that allowing for no review period is necessary to maintain ./Mr_Adam_James_-_Professional_conduct_panel_outcome.pdf-public confidence and is proportionate and in the public interest. ./Mr_Adam_James_-_Professional_conduct_panel_outcome.pdf- ./Mr_Adam_James_-_Professional_conduct_panel_outcome.pdf-This means that Mr Adam James is prohibited from teaching indefinitely and ./Mr_Adam_James_-_Professional_conduct_panel_outcome.pdf-cannot teach in any school, sixth form college, relevant youth accommodation or ./Mr_Adam_James_-_Professional_conduct_panel_outcome.pdf-children’s home in England. Furthermore, in view of the seriousness of the allegations ./Mr_Adam_James_-_Professional_conduct_panel_outcome.pdf-found proved against him, I have decided that Mr James shall not be entitled to apply for ./Mr_Adam_James_-_Professional_conduct_panel_outcome.pdf-restoration of his eligibility to teach. ./Mr_Adam_James_-_Professional_conduct_panel_outcome.pdf- ./Mr_Adam_James_-_Professional_conduct_panel_outcome.pdf-This order takes effect from the date on which it is served on the teacher. ./Mr_Alexander_Fox.pdf- a. “miss I have a big black cock and I know you want it…do you want it up the front ./Mr_Alexander_Fox.pdf- or the back…I am going to stick it in your mouth and come, do you gag miss?” ./Mr_Alexander_Fox.pdf- ./Mr_Alexander_Fox.pdf- b. “you’re a filthy bitch and I know you’ve wanted it since the day I met you” ./Mr_Alexander_Fox.pdf- ./Mr_Alexander_Fox.pdf- c. “I’m going to rape you miss” ./Mr_Alexander_Fox.pdf- ./Mr_Alexander_Fox.pdf- d. “there is nothing worse than when you find out that daddy is raping his little girl” ./Mr_Alexander_Fox.pdf- ./Mr_Alexander_Fox.pdf- 2. His behaviour towards Individual A as may be found proven at allegation 1 above ./Mr_Alexander_Fox.pdf: was sexually motivated; ./Mr_Alexander_Fox.pdf- ./Mr_Alexander_Fox.pdf- 3. His conduct towards Individual A as may be found proven at allegation 1 above ./Mr_Alexander_Fox.pdf- was intended to intimidate her. ./Mr_Alexander_Fox.pdf- ./Mr_Alexander_Fox.pdf-Mr Fox admitted allegation 1. in that he admits he made comments to the effect of those ./Mr_Alexander_Fox.pdf-listed at allegation 1.a. to d. Moreover, Mr Fox admits that his comments amounted to ./Mr_Alexander_Fox.pdf-unprofessional and inappropriate behaviour towards Individual A. ./Mr_Alexander_Fox.pdf- ./Mr_Alexander_Fox.pdf-Mr Fox did not admit allegations 2. or 3. ./Mr_Alexander_Fox.pdf- -- ./Mr_Alexander_Fox.pdf-It was alleged that on more than one occasion Mr Fox had conducted one-to-one role- ./Mr_Alexander_Fox.pdf:play scenarios with Individual A of examples of extreme sexualised language by pupils. It ./Mr_Alexander_Fox.pdf:is alleged that Mr Fox’s behaviour in relation to those role-play scenarios was sexually ./Mr_Alexander_Fox.pdf-motivated and that his conduct was intended to intimidate Individual A. ./Mr_Alexander_Fox.pdf- ./Mr_Alexander_Fox.pdf-During the School’s investigation, the School took a signed statement from Individual A ./Mr_Alexander_Fox.pdf-on 25 November 2019 and 10 December 2019 in relation to the incident. ./Mr_Alexander_Fox.pdf- ./Mr_Alexander_Fox.pdf-A disciplinary hearing with Mr Fox was scheduled for 20 January 2020. However, Mr Fox ./Mr_Alexander_Fox.pdf-submitted his resignation on 16 January 2020. A referral was made to the TRA on 6 ./Mr_Alexander_Fox.pdf-February 2020. ./Mr_Alexander_Fox.pdf- ./Mr_Alexander_Fox.pdf-Findings of fact -- ./Mr_Alexander_Fox.pdf-in relation to allegations 1.a. to c. Mr Fox stated he could not recollect what he had said ./Mr_Alexander_Fox.pdf-exactly but accepted that it had been words to the effect of those set out in allegation 1. ./Mr_Alexander_Fox.pdf- ./Mr_Alexander_Fox.pdf-The panel noted that in his evidence Mr Fox had stated he had initiated the one-on-one ./Mr_Alexander_Fox.pdf-training scenarios with Individual A as he had concerns about Individual A’s instincts and ./Mr_Alexander_Fox.pdf-safeguarding knowledge. The panel noted that Mr Fox did not report these concerns to ./Mr_Alexander_Fox.pdf-the School’s safeguarding team or any delegated staff responsible for [Redacted], but ./Mr_Alexander_Fox.pdf-instead chose to undertake training, which included the role-playing scenarios, on his ./Mr_Alexander_Fox.pdf-own accord without approval from the School’s safeguarding team or senior leadership ./Mr_Alexander_Fox.pdf-team. Mr Fox admitted this had been an error on his part not to report his safeguarding ./Mr_Alexander_Fox.pdf:concerns. Mr Fox had not been trained to provide training in relation extreme sexual ./Mr_Alexander_Fox.pdf-language by students. ./Mr_Alexander_Fox.pdf- ./Mr_Alexander_Fox.pdf-At the hearing, the panel noted Mr Fox’s explanation for conducting the role-play ./Mr_Alexander_Fox.pdf-exercises in that he wanted to prepare Individual A for situations that he considered may ./Mr_Alexander_Fox.pdf-arise in the classroom or in a school environment. Mr Fox submitted that these were ./Mr_Alexander_Fox.pdf-based on events that he had directly experienced or witnessed. The panel also noted Mr ./Mr_Alexander_Fox.pdf:Fox’s evidence that aside from pupils using sexually explicit language, other issues such ./Mr_Alexander_Fox.pdf-as bullying, and racism had been discussed and role-played during his meetings with ./Mr_Alexander_Fox.pdf-Individual A. ./Mr_Alexander_Fox.pdf- ./Mr_Alexander_Fox.pdf-The panel found that the role-play scenarios had taken place on more than one occasion. ./Mr_Alexander_Fox.pdf-The panel noted that in his interview with the School on 27 November 2019, Mr Fox had ./Mr_Alexander_Fox.pdf-stated he, “couldn’t recall but it was nothing like 5 or 6; maybe 3 or 4”. Mr Fox’s evidence ./Mr_Alexander_Fox.pdf-at the hearing was also that the role-playing meetings had taken place over 3 or 4 ./Mr_Alexander_Fox.pdf-meetings during Individual A’s [Redacted] with the School. ./Mr_Alexander_Fox.pdf- ./Mr_Alexander_Fox.pdf-The panel considered that the role-play scenario and the comments made by Mr Fox ./Mr_Alexander_Fox.pdf-during those scenarios which had taken place on multiple occasions to be wholly ./Mr_Alexander_Fox.pdf-inappropriate and unprofessional. ./Mr_Alexander_Fox.pdf- ./Mr_Alexander_Fox.pdf-In reaching its decision on these facts, the panel noted the evidence within the bundle of ./Mr_Alexander_Fox.pdf-the negative impact that the role-play scenarios had had on the wellbeing of Individual A. ./Mr_Alexander_Fox.pdf- ./Mr_Alexander_Fox.pdf-On examination of all the documents before the panel and on consideration of the oral ./Mr_Alexander_Fox.pdf-evidence, the panel was satisfied that the facts of this allegation are proved. ./Mr_Alexander_Fox.pdf- ./Mr_Alexander_Fox.pdf- 2. Your behaviour towards Individual A as may be found proven at allegation ./Mr_Alexander_Fox.pdf: 1 above was sexually motivated. ./Mr_Alexander_Fox.pdf- ./Mr_Alexander_Fox.pdf-When considering this allegation, the panel again considered Mr Fox’s explanation for ./Mr_Alexander_Fox.pdf-conducting the role-play scenarios in order to prepare Individual A for real life teaching. ./Mr_Alexander_Fox.pdf- ./Mr_Alexander_Fox.pdf- ./Mr_Alexander_Fox.pdf- 7 ./Mr_Alexander_Fox.pdf- -- ./Mr_Alexander_Fox.pdf:Mr Fox explained he had previously worked at a school in London in which sexually ./Mr_Alexander_Fox.pdf-explicit statements had been said to a teacher such as: “I bet you like large cocks”, “we ./Mr_Alexander_Fox.pdf-are going to rape you”, “do you prefer it up front or the back”, “I am going to put it in your ./Mr_Alexander_Fox.pdf-mouth” and that he had overheard year 7 girls describing what “cum tasted like”. ./Mr_Alexander_Fox.pdf- ./Mr_Alexander_Fox.pdf-Mr Fox informed the panel that Individual A had not requested that they undertake role- ./Mr_Alexander_Fox.pdf:playing scenarios relating to sexually explicit comments by pupils but that the issue had ./Mr_Alexander_Fox.pdf-come up when discussing other training topics. ./Mr_Alexander_Fox.pdf- ./Mr_Alexander_Fox.pdf-The panel found that Mr Fox had on occasions, been inconsistent in the evidence he had ./Mr_Alexander_Fox.pdf-given. For example, on the one hand Mr Fox had referred to the School as a “dream ./Mr_Alexander_Fox.pdf-school” whilst on the other he had a long list of issues with how the School operated. The ./Mr_Alexander_Fox.pdf-panel was not wholly convinced by Mr Fox’s explanation of these inconsistencies. ./Mr_Alexander_Fox.pdf-However, the panel considered that Mr Fox’s evidence that his intentions had not been ./Mr_Alexander_Fox.pdf:sexually motivated were consistent and the inconsistencies in other parts of his evidence ./Mr_Alexander_Fox.pdf-were not enough to persuade the panel that Mr Fox’s evidence in relation to this ./Mr_Alexander_Fox.pdf-allegation was unreliable. ./Mr_Alexander_Fox.pdf- ./Mr_Alexander_Fox.pdf-The panel carefully considered the words and actions found proved at allegation 1. and ./Mr_Alexander_Fox.pdf:whilst they concluded that the allegations contained sexually explicit language, the panel ./Mr_Alexander_Fox.pdf-found that there was not enough evidence to conclude, on the balance of probabilities, ./Mr_Alexander_Fox.pdf:that Mr Fox’s conduct was sexually motivated. ./Mr_Alexander_Fox.pdf- ./Mr_Alexander_Fox.pdf-The panel was not satisfied, on the balance of probabilities, that the facts of this ./Mr_Alexander_Fox.pdf-allegation were proved on all the evidence before it. ./Mr_Alexander_Fox.pdf- ./Mr_Alexander_Fox.pdf- 3. Your conduct towards Individual A as may be found proven at allegation 1 ./Mr_Alexander_Fox.pdf- above was intended to intimidate her. ./Mr_Alexander_Fox.pdf- ./Mr_Alexander_Fox.pdf-The panel was not satisfied that the facts of this allegation were proved. ./Mr_Alexander_Fox.pdf- ./Mr_Alexander_Fox.pdf-The panel considered that there had been an imbalance of power between Mr Fox and -- ./Mr_Alexander_Fox.pdf- ./Mr_Alexander_Fox.pdf-The panel considered that Mr Fox’s comments he had made in the role-playing sessions ./Mr_Alexander_Fox.pdf-was a clear breach of the Teachers’ Standards. ./Mr_Alexander_Fox.pdf- ./Mr_Alexander_Fox.pdf-The panel considered that it was wholly inappropriate for Mr Fox to have unilaterally and ./Mr_Alexander_Fox.pdf-informally decided to undertake the role-play scenarios with Individual A using the ./Mr_Alexander_Fox.pdf-language found at allegation 1. ./Mr_Alexander_Fox.pdf- ./Mr_Alexander_Fox.pdf-The panel also considered whether Mr Fox’s conduct displayed behaviours associated ./Mr_Alexander_Fox.pdf-with any of the offences listed on pages 10 and 11 of the Advice. The panel considered ./Mr_Alexander_Fox.pdf:the offence of sexual activity but did not consider this to be relevant given its finding in ./Mr_Alexander_Fox.pdf- ./Mr_Alexander_Fox.pdf- 9 ./Mr_Alexander_Fox.pdf- ./Mr_Alexander_Peredruk.pdf- 1) Between approximately March 2016 and March 2018 he: ./Mr_Alexander_Peredruk.pdf- ./Mr_Alexander_Peredruk.pdf- a) searched for and/or ./Mr_Alexander_Peredruk.pdf- ./Mr_Alexander_Peredruk.pdf- b) downloaded and/or ./Mr_Alexander_Peredruk.pdf- ./Mr_Alexander_Peredruk.pdf- c) received and/or ./Mr_Alexander_Peredruk.pdf- ./Mr_Alexander_Peredruk.pdf- d) viewed one or more indecent images of children; and ./Mr_Alexander_Peredruk.pdf- ./Mr_Alexander_Peredruk.pdf: 2) His conduct as may be found proven at Allegation 1 was sexually motivated. ./Mr_Alexander_Peredruk.pdf- ./Mr_Alexander_Peredruk.pdf-Mr Peredruk neither admitted nor denied the facts of the allegations, or that the alleged ./Mr_Alexander_Peredruk.pdf-conduct amounted to unacceptable professional conduct and/or conduct that may bring ./Mr_Alexander_Peredruk.pdf-the profession into disrepute. ./Mr_Alexander_Peredruk.pdf- ./Mr_Alexander_Peredruk.pdf- ./Mr_Alexander_Peredruk.pdf-Preliminary applications ./Mr_Alexander_Peredruk.pdf- ./Mr_Alexander_Peredruk.pdf-At the outset of the hearing, the panel identified the following issues to be determined: ./Mr_Alexander_Peredruk.pdf- -- ./Mr_Alexander_Peredruk.pdf-were subject to forensic analysis by the GMP Digital Investigation Unit. A black computer ./Mr_Alexander_Peredruk.pdf-tower which was retrieved from the teacher’s address contained artefacts that indicated a ./Mr_Alexander_Peredruk.pdf-number of deleted files which contained names indicative of suspected indecent images ./Mr_Alexander_Peredruk.pdf-of children. Witness A acknowledged that the original file contents and materials were not ./Mr_Alexander_Peredruk.pdf-found however, the footprint of the files remained in place. No other devices seized by ./Mr_Alexander_Peredruk.pdf-GMP contained any material which was linked to indecent images of children. ./Mr_Alexander_Peredruk.pdf- ./Mr_Alexander_Peredruk.pdf-The panel noted the titles of the 11 deleted files. All filenames retrieved were indicative of ./Mr_Alexander_Peredruk.pdf-indecent images/imagery of children. The panel heard evidence of how a number of the ./Mr_Alexander_Peredruk.pdf-file names with acronyms ([REDACTED]) which are terms known by GMP to commonly ./Mr_Alexander_Peredruk.pdf:refer to explicit sexualised images/imagery of children ([REDACTED]). The panel heard ./Mr_Alexander_Peredruk.pdf:evidence on the titles of the 11 files which included sexually explicit terms involving ./Mr_Alexander_Peredruk.pdf-children [REDACTED]. ./Mr_Alexander_Peredruk.pdf- ./Mr_Alexander_Peredruk.pdf-The panel accepted the evidence of Witness A that familiarity with these terms is ./Mr_Alexander_Peredruk.pdf-indicative of someone who knows about and/or how to search for indecent images of ./Mr_Alexander_Peredruk.pdf-children. The panel also accepted the evidence of Witness A that it would be very ./Mr_Alexander_Peredruk.pdf-unusual for files containing material other than indecent images of children to be named ./Mr_Alexander_Peredruk.pdf-in this way. The panel noted that such terms and references, as found in the filenames ./Mr_Alexander_Peredruk.pdf-located on the teacher’s device would not easily be found in standard internet searches ./Mr_Alexander_Peredruk.pdf-or used to label innocent material, for instance a song. Witness A stated that “such ./Mr_Alexander_Peredruk.pdf-references and file names are proactively searched for on the dark web and in ./Mr_Alexander_Peredruk.pdf-messenger groups where indecent images of children are shared and downloaded. They ./Mr_Alexander_Peredruk.pdf-cannot be stumbled across.” ./Mr_Alexander_Peredruk.pdf- ./Mr_Alexander_Peredruk.pdf-The panel considered the forensic investigation report by GMP and whilst the author of ./Mr_Alexander_Peredruk.pdf-the report did not provide oral evidence in the proceedings, Witness A was able to ./Mr_Alexander_Peredruk.pdf-explain the findings of the report to the panel and answer questions in relation to the ./Mr_Alexander_Peredruk.pdf-keyword searches and conclusions. ./Mr_Alexander_Peredruk.pdf- ./Mr_Alexander_Peredruk.pdf-The panel noted that the filenames found on the teacher’s devices are not titles and ./Mr_Alexander_Peredruk.pdf:references that are commonly used. The filenames contained sexual references, sexual ./Mr_Alexander_Peredruk.pdf-activity, children’s ages and names. All references of the filenames that were identified in ./Mr_Alexander_Peredruk.pdf-the forensic investigation report by GMP as having been on the teacher’s device were ./Mr_Alexander_Peredruk.pdf:indicative of explicit sexualised images/imagery of children. It was noted that it would be ./Mr_Alexander_Peredruk.pdf:clear to the user that the files contained sexually explicit images of children before ./Mr_Alexander_Peredruk.pdf-clicking onto the file or link to view. ./Mr_Alexander_Peredruk.pdf- ./Mr_Alexander_Peredruk.pdf-In oral evidence, Witness A stated that the “language used would not be known to the ./Mr_Alexander_Peredruk.pdf:reasonable person. The sexually explicit nature of the filenames are routinely seen by ./Mr_Alexander_Peredruk.pdf-GMP in their investigations and are used within these networks/communities and that ./Mr_Alexander_Peredruk.pdf:such filenames will in most instances include sexually explicit images and videos of ./Mr_Alexander_Peredruk.pdf-children.” ./Mr_Alexander_Peredruk.pdf- ./Mr_Alexander_Peredruk.pdf- ./Mr_Alexander_Peredruk.pdf- 8 ./Mr_Alexander_Peredruk.pdf- -- ./Mr_Alexander_Peredruk.pdf-The panel accepted that the reasonable person would not understand or know of the ./Mr_Alexander_Peredruk.pdf:acronyms and sexually explicit terminology to search and retrieve these indecent images. ./Mr_Alexander_Peredruk.pdf-The panel found that the teacher took proactive steps to find this illegal material. Witness ./Mr_Alexander_Peredruk.pdf-A explained to the panel that the footprint of each of the 11 files, which has seemingly ./Mr_Alexander_Peredruk.pdf-been accessed and stored on the device, were created when the file was clicked open. ./Mr_Alexander_Peredruk.pdf-However, the Police could not determine from their interrogation of the device whether ./Mr_Alexander_Peredruk.pdf-the images were viewed for seconds, minutes or repeatedly viewed. On balance, the ./Mr_Alexander_Peredruk.pdf-panel found that it was likely that, as the images were stored on Mr Peredruk’s device ./Mr_Alexander_Peredruk.pdf-and in the absence of any other explanation by Mr Peredruk, he had viewed the indecent ./Mr_Alexander_Peredruk.pdf-images/imagery of children in the 11 files located on his device. ./Mr_Alexander_Peredruk.pdf- ./Mr_Alexander_Peredruk.pdf-The teacher has been legally represented throughout the Police investigation, School -- ./Mr_Alexander_Peredruk.pdf-that the alleged offending occurred during school time or whilst Mr Peredruk was on ./Mr_Alexander_Peredruk.pdf-school premises. The panel found that all alleged offending had taken place outside the ./Mr_Alexander_Peredruk.pdf-School environment and setting. ./Mr_Alexander_Peredruk.pdf- ./Mr_Alexander_Peredruk.pdf-On balance, the panel found that Mr Peredruk did search, download, receive and view ./Mr_Alexander_Peredruk.pdf-indecent images and imagery of children between March 2016 and March 2018. ./Mr_Alexander_Peredruk.pdf-Therefore, the allegations 1(a) to 1(d) were found proven. ./Mr_Alexander_Peredruk.pdf- ./Mr_Alexander_Peredruk.pdf: 2. Your conduct as may be found proven at Allegation 1 was sexually ./Mr_Alexander_Peredruk.pdf- motivated. ./Mr_Alexander_Peredruk.pdf- ./Mr_Alexander_Peredruk.pdf:The panel considered that even in the absence of any direct evidence, sexual motivation ./Mr_Alexander_Peredruk.pdf-should be inferred from all the circumstances of the case. Whilst these were serious ./Mr_Alexander_Peredruk.pdf:allegations to determine, and sexual motivation is a particularly serious allegation, the ./Mr_Alexander_Peredruk.pdf:panel noted the explicit sexualised images/imagery referenced in the 11 filenames ./Mr_Alexander_Peredruk.pdf-satisfied this test. A reasonable person would consider that the material contained within ./Mr_Alexander_Peredruk.pdf:the file names to be of a sexual nature, because it is by its nature, sexual. ./Mr_Alexander_Peredruk.pdf- ./Mr_Alexander_Peredruk.pdf:The panel heard evidence from Witness A that sexual gratification is the usual motivation ./Mr_Alexander_Peredruk.pdf-for similar offences which are investigated by the Sexual Crime Unit. Witness A stated ./Mr_Alexander_Peredruk.pdf-that Mr Peredruk had not indicated during the course of the investigation any alternative ./Mr_Alexander_Peredruk.pdf-explanation such as, research into this topic or that items were sent to him unsolicited ./Mr_Alexander_Peredruk.pdf-which he had then sought to remove. ./Mr_Alexander_Peredruk.pdf- ./Mr_Alexander_Peredruk.pdf-The panel noted that they had not been provided with any evidence of the teacher’s ./Mr_Alexander_Peredruk.pdf-character, or had the opportunity to test Mr Peredruk’s credibility or propensity to have ./Mr_Alexander_Peredruk.pdf-carried out the alleged facts. In the absence of any other explanation to the panel for the ./Mr_Alexander_Peredruk.pdf-location of the footprint of the 11 deleted files on the device, on balance the panel found ./Mr_Alexander_Peredruk.pdf:that sexual motivation was the only motivation of the teacher. ./Mr_Alexander_Peredruk.pdf- ./Mr_Alexander_Peredruk.pdf-The panel found that the presence of the forensic cleaning software was also a factor to ./Mr_Alexander_Peredruk.pdf-consider as this demonstrated that the teacher had taken proactive steps to hide his ./Mr_Alexander_Peredruk.pdf-behaviour. The panel determined, in the absence of any explanation and by virtue of the ./Mr_Alexander_Peredruk.pdf:sexually explicit language and sexual activity referred to in the filenames, that Mr ./Mr_Alexander_Peredruk.pdf:Peredruk’s actions were sexually motivated. ./Mr_Alexander_Peredruk.pdf- ./Mr_Alexander_Peredruk.pdf-Therefore, the allegation was also found proven. ./Mr_Alexander_Peredruk.pdf- ./Mr_Alexander_Peredruk.pdf-Findings as to unacceptable professional conduct and/or conduct that ./Mr_Alexander_Peredruk.pdf-may bring the profession into disrepute ./Mr_Alexander_Peredruk.pdf- ./Mr_Alexander_Peredruk.pdf-Having found a number of the allegations proved, the panel went on to consider whether ./Mr_Alexander_Peredruk.pdf-the facts of those proved allegations amounted to unacceptable professional conduct ./Mr_Alexander_Peredruk.pdf-and/or conduct that may bring the profession into disrepute. ./Mr_Alexander_Peredruk.pdf- -- ./Mr_Alexander_Peredruk.pdf- o Teachers must have an understanding of, and always act within, the statutory ./Mr_Alexander_Peredruk.pdf- frameworks which set out their professional duties and responsibilities. ./Mr_Alexander_Peredruk.pdf-The behaviours demonstrated by Mr Peredruk show a clear failure to safeguard and ./Mr_Alexander_Peredruk.pdf-protect children’s well-being in accordance with the statutory framework which underpins ./Mr_Alexander_Peredruk.pdf-the profession. Whilst pupils at the School, were to the panel’s knowledge unharmed, ./Mr_Alexander_Peredruk.pdf-pupils and children at other schools and communities were harmed. ./Mr_Alexander_Peredruk.pdf- ./Mr_Alexander_Peredruk.pdf-The panel found that the teacher’s actions through searching, downloading, receiving ./Mr_Alexander_Peredruk.pdf-and/or viewing indecent images of children demonstrated a clear failure to follow the rule ./Mr_Alexander_Peredruk.pdf-of law and to have due regard to the policies, practices and ethos of the School. The ./Mr_Alexander_Peredruk.pdf:panel heard evidence on the sexually explicit 11 filenames which were obtained and ./Mr_Alexander_Peredruk.pdf:viewed by the teacher. These file footprints all contained reference to sexually explicit ./Mr_Alexander_Peredruk.pdf-activity with children. ./Mr_Alexander_Peredruk.pdf- ./Mr_Alexander_Peredruk.pdf-Additionally, the panel determined that such actions showed no respect to those children ./Mr_Alexander_Peredruk.pdf:who were the subjects of such explicitly sexual images/imagery and a direct failure to ./Mr_Alexander_Peredruk.pdf-safeguard those children. ./Mr_Alexander_Peredruk.pdf- ./Mr_Alexander_Peredruk.pdf-The panel also noted the period of conduct and the steps taken by Mr Peredruk to ./Mr_Alexander_Peredruk.pdf-conceal his behaviour. Such actions are not the attributes of individuals within the ./Mr_Alexander_Peredruk.pdf-profession and clearly demonstrate unacceptable professional conduct and conduct that ./Mr_Alexander_Peredruk.pdf-is likely to bring the profession into disrepute. ./Mr_Alexander_Peredruk.pdf- ./Mr_Alexander_Peredruk.pdf- ./Mr_Alexander_Peredruk.pdf- ./Mr_Alexander_Peredruk.pdf- -- ./Mr_Alexander_Peredruk.pdf- ./Mr_Alexander_Peredruk.pdf-The panel found that the offence of any activity involving viewing, taking, making, ./Mr_Alexander_Peredruk.pdf-possessing, distributing or publishing any indecent photograph or image or pseudo ./Mr_Alexander_Peredruk.pdf-photograph or image of a child, or permitting any such activity, including one-off incidents ./Mr_Alexander_Peredruk.pdf-was relevant. The Advice indicates that where behaviours associated with such an ./Mr_Alexander_Peredruk.pdf-offence exist, a panel is likely to conclude that an individual’s conduct would amount to ./Mr_Alexander_Peredruk.pdf-unacceptable professional conduct. ./Mr_Alexander_Peredruk.pdf- ./Mr_Alexander_Peredruk.pdf-The panel noted that the allegations took place outside the education setting. The panel ./Mr_Alexander_Peredruk.pdf-determined that by virtue of the illegal behaviour by the teacher in the searching, ./Mr_Alexander_Peredruk.pdf:downloading, receiving and viewing explicit sexualised images/imagery of children this ./Mr_Alexander_Peredruk.pdf-would prevent Mr Peredruk in fulfilling his teaching role. For example, the panel ./Mr_Alexander_Peredruk.pdf-concluded that Mr Peredruk has and is likely to continue to disregard statutory guidance, ./Mr_Alexander_Peredruk.pdf-namely ‘Keeping Children Safe in Education’. The panel determined that in view of the ./Mr_Alexander_Peredruk.pdf-teacher’s conduct that he would be unable to uphold and implement the safeguarding ./Mr_Alexander_Peredruk.pdf-policies and protocols a school advocates, which is expected of all teachers to ensure the ./Mr_Alexander_Peredruk.pdf-safeguarding of children. By virtue of the teacher searching, downloading, receiving ./Mr_Alexander_Peredruk.pdf-and/or viewing indecent images of children he is engaging in behaviours that may lead to ./Mr_Alexander_Peredruk.pdf-pupils being exposed and/or influenced by such behaviours in a harmful way. The panel ./Mr_Alexander_Peredruk.pdf-also found that such conduct was incompatible with the teaching profession. ./Mr_Alexander_Peredruk.pdf- -- ./Mr_Alexander_Peredruk.pdf-order may be appropriate if certain behaviours of a teacher have been proved. In the list ./Mr_Alexander_Peredruk.pdf-of such behaviours, those that were relevant in this case were: ./Mr_Alexander_Peredruk.pdf- ./Mr_Alexander_Peredruk.pdf- • serious departure from the personal and professional conduct elements of the ./Mr_Alexander_Peredruk.pdf- Teachers’ Standards; ./Mr_Alexander_Peredruk.pdf- • misconduct seriously affecting the education and/or well-being of pupils, and ./Mr_Alexander_Peredruk.pdf- particularly where there is a continuing risk; ./Mr_Alexander_Peredruk.pdf: • sexual misconduct, for example, involving actions that were sexually motivated ./Mr_Alexander_Peredruk.pdf: or of a sexual nature and/or that use or exploit the trust, knowledge or influence ./Mr_Alexander_Peredruk.pdf- derived from the individual’s professional position; ./Mr_Alexander_Peredruk.pdf- • a deep-seated attitude that leads to harmful behaviour; and ./Mr_Alexander_Peredruk.pdf- • any activity involving viewing, taking, making, possessing, distributing or ./Mr_Alexander_Peredruk.pdf- publishing any indecent photograph or image or pseudo photograph or image of ./Mr_Alexander_Peredruk.pdf- a child, or permitting such activity, including one off incidents. ./Mr_Alexander_Peredruk.pdf-The panel considered all of these factors relevant in this case. ./Mr_Alexander_Peredruk.pdf- ./Mr_Alexander_Peredruk.pdf-In particular the panel took note that this was not an isolated incident. The misconduct by ./Mr_Alexander_Peredruk.pdf-Mr Peredruk in searching, downloading, receiving and/or viewing indecent images of ./Mr_Alexander_Peredruk.pdf-children led to pupils being exposed and/or influenced by such behaviours in a harmful ./Mr_Alexander_Peredruk.pdf-way. ./Mr_Alexander_Peredruk.pdf- ./Mr_Alexander_Peredruk.pdf-Notwithstanding that some of the behaviours found proved in this case indicated that a ./Mr_Alexander_Peredruk.pdf-prohibition order would be appropriate, the panel went on to consider any potential ./Mr_Alexander_Peredruk.pdf-mitigating factors which may indicate that a prohibition order would not be appropriate or ./Mr_Alexander_Peredruk.pdf-proportionate. ./Mr_Alexander_Peredruk.pdf- ./Mr_Alexander_Peredruk.pdf:The panel found that Mr Peredruk’s actions were deliberate and sexually motivated. The ./Mr_Alexander_Peredruk.pdf-panel found that there was no evidence to suggest that Mr Peredruk was acting under ./Mr_Alexander_Peredruk.pdf-duress. ./Mr_Alexander_Peredruk.pdf- ./Mr_Alexander_Peredruk.pdf-The panel considered references submitted by Mr Peredruk in 2015 as part of his ./Mr_Alexander_Peredruk.pdf-application for a position at the School. Whilst these references contained good feedback ./Mr_Alexander_Peredruk.pdf-the panel noted that these were dated 1 year prior to the period of the allegations and ./Mr_Alexander_Peredruk.pdf-therefore prepared without knowledge of the matters subject to these allegations. The ./Mr_Alexander_Peredruk.pdf-teacher provided no additional character references or parental feedback for the panel to ./Mr_Alexander_Peredruk.pdf-consider. The panel heard no positive evidence as to the standard of Mr Peredruk’s ./Mr_Alexander_Peredruk.pdf-teaching and noted that he had only been a member of the profession for 1 year prior to -- ./Mr_Alexander_Peredruk.pdf-case, that may make it appropriate to allow a teacher to apply to have the prohibition ./Mr_Alexander_Peredruk.pdf-order reviewed after a specified period of time that may not be less than 2 years. ./Mr_Alexander_Peredruk.pdf- ./Mr_Alexander_Peredruk.pdf-The Advice indicates that there are behaviours that, if proved, would militate against the ./Mr_Alexander_Peredruk.pdf-recommendation of a review period. The panel identified two behaviours which would ./Mr_Alexander_Peredruk.pdf-potentially negate a review period: ./Mr_Alexander_Peredruk.pdf- ./Mr_Alexander_Peredruk.pdf- • any activity involving viewing, taking, making, possessing, distributing or ./Mr_Alexander_Peredruk.pdf- publishing any indecent photograph or image or pseudo photograph or image of a ./Mr_Alexander_Peredruk.pdf- child; and ./Mr_Alexander_Peredruk.pdf: • serious sexual misconduct, such as where the act was sexually motivated and ./Mr_Alexander_Peredruk.pdf- resulted in, or had the potential to result in, harm to a person or persons, ./Mr_Alexander_Peredruk.pdf- particularly where the individual has used his professional position to influence or ./Mr_Alexander_Peredruk.pdf- exploit a person or persons. ./Mr_Alexander_Peredruk.pdf-The panel considered the information provided by the teacher’s representative and noted ./Mr_Alexander_Peredruk.pdf-the absence of retrospective learning or insight by the teacher. Therefore, the panel was ./Mr_Alexander_Peredruk.pdf-unable to give any credit for remorse or insight. ./Mr_Alexander_Peredruk.pdf- ./Mr_Alexander_Peredruk.pdf-The panel decided that the findings indicated a situation in which a review period would ./Mr_Alexander_Peredruk.pdf-not be appropriate and, as such, decided that it would be proportionate, in all the ./Mr_Alexander_Peredruk.pdf-circumstances, for the prohibition order to be recommended without provision for a -- ./Mr_Alexander_Peredruk.pdf-In this case, I have placed considerable weight on the panel’s comments “The panel ./Mr_Alexander_Peredruk.pdf-decided that the public interest considerations alongside the serious nature of this ./Mr_Alexander_Peredruk.pdf-misconduct outweighed the interests of Mr Peredruk. The nature of the teacher’s ./Mr_Alexander_Peredruk.pdf-misconduct, the fact that it was not an isolated incident, the fact that the teacher ./Mr_Alexander_Peredruk.pdf-appeared to conceal his misconduct through use of specialist software were relevant ./Mr_Alexander_Peredruk.pdf-factors in forming that opinion.” ./Mr_Alexander_Peredruk.pdf- ./Mr_Alexander_Peredruk.pdf-Additionally, the panel determined that such actions showed no respect to those children ./Mr_Alexander_Peredruk.pdf:who were the subjects of such explicitly sexual images/imagery and a direct failure to ./Mr_Alexander_Peredruk.pdf-safeguard those children. I have therefore given this considerable weight in reaching my ./Mr_Alexander_Peredruk.pdf-decision. ./Mr_Alexander_Peredruk.pdf- ./Mr_Alexander_Peredruk.pdf-I have given less weight in my consideration of sanction therefore, to the contribution that ./Mr_Alexander_Peredruk.pdf-Mr Peredruk has made to the profession. In my view, it is necessary to impose a ./Mr_Alexander_Peredruk.pdf-prohibition order in order to maintain public confidence in the profession. A published ./Mr_Alexander_Peredruk.pdf-decision, in light of the circumstances in this case, does not in my view satisfy the public ./Mr_Alexander_Peredruk.pdf-interest requirement concerning public confidence in the profession. ./Mr_Alexander_Peredruk.pdf- ./Mr_Alexander_Peredruk.pdf-For these reasons, I have concluded that a prohibition order is proportionate and in the -- ./Mr_Alexander_Peredruk.pdf- ./Mr_Alexander_Peredruk.pdf-I have gone on to consider the matter of a review period. In this case, the panel has ./Mr_Alexander_Peredruk.pdf-recommended that no provision should be made for a review period. ./Mr_Alexander_Peredruk.pdf- ./Mr_Alexander_Peredruk.pdf-I have considered the panel’s comments “The panel identified two behaviours which ./Mr_Alexander_Peredruk.pdf-would potentially negate a review period: ./Mr_Alexander_Peredruk.pdf- ./Mr_Alexander_Peredruk.pdf- • any activity involving viewing, taking, making, possessing, distributing or ./Mr_Alexander_Peredruk.pdf- publishing any indecent photograph or image or pseudo photograph or image of a ./Mr_Alexander_Peredruk.pdf- child; and ./Mr_Alexander_Peredruk.pdf: • serious sexual misconduct, such as where the act was sexually motivated and ./Mr_Alexander_Peredruk.pdf- resulted in, or had the potential to result in, harm to a person or persons, ./Mr_Alexander_Peredruk.pdf- particularly where the individual has used his professional position to influence or ./Mr_Alexander_Peredruk.pdf- exploit a person or persons.” ./Mr_Alexander_Peredruk.pdf-I have considered whether not allowing a review period reflects the seriousness of the ./Mr_Alexander_Peredruk.pdf-findings and is a proportionate period to achieve the aim of maintaining public confidence ./Mr_Alexander_Peredruk.pdf-in the profession. In this case, due to the seriousness of the allegations found proven and ./Mr_Alexander_Peredruk.pdf-the potential harm to children a two-year review period is not sufficient to achieve the aim ./Mr_Alexander_Peredruk.pdf-of maintaining public confidence in the profession. ./Mr_Alexander_Peredruk.pdf- ./Mr_Alexander_Peredruk.pdf-I consider therefore that allowing for no review period is necessary to maintain public ./Mr_Andrew_Colville.pdf-B. Allegations ./Mr_Andrew_Colville.pdf-The panel considered the allegation set out in the Notice of Meeting dated 9 May 2019. ./Mr_Andrew_Colville.pdf- ./Mr_Andrew_Colville.pdf-It was alleged that Mr Colville was guilty of having been convicted of a relevant offence, ./Mr_Andrew_Colville.pdf-in that: ./Mr_Andrew_Colville.pdf- ./Mr_Andrew_Colville.pdf- 1. He has received a conviction of a relevant criminal offence in that he was ./Mr_Andrew_Colville.pdf- convicted on or around 30 June 2016 in Harrow Crown Court of the following ./Mr_Andrew_Colville.pdf- offence: ./Mr_Andrew_Colville.pdf- ./Mr_Andrew_Colville.pdf: a. Committing sexual activity with a child between 25 May 2005 and 31 July ./Mr_Andrew_Colville.pdf- 2005, contrary to section 9 of the Sexual Offences Act 2003. He was ./Mr_Andrew_Colville.pdf- subsequently sentenced to 6 months imprisonment which was wholly ./Mr_Andrew_Colville.pdf- suspended for 18 months. He was also made subject to a Sex Offenders ./Mr_Andrew_Colville.pdf- Notice for a period of 7 years. ./Mr_Andrew_Colville.pdf- ./Mr_Andrew_Colville.pdf-The teacher admitted the fact of the allegation and that this amounted to a conviction of a ./Mr_Andrew_Colville.pdf-relevant offence. ./Mr_Andrew_Colville.pdf- ./Mr_Andrew_Colville.pdf- ./Mr_Andrew_Colville.pdf-C. Summary of evidence -- ./Mr_Andrew_Colville.pdf-D. Decision and reasons ./Mr_Andrew_Colville.pdf-The panel announced its decision and reasons as follows: ./Mr_Andrew_Colville.pdf- ./Mr_Andrew_Colville.pdf-In advance of the meeting, the TRA agreed to a request from Mr Colville that the ./Mr_Andrew_Colville.pdf-allegation be considered without a hearing. The panel has the ability to direct that the ./Mr_Andrew_Colville.pdf-case be considered at a hearing if required in the interests of justice or in the public ./Mr_Andrew_Colville.pdf-interest. The panel did not determine that such a direction is necessary or appropriate in ./Mr_Andrew_Colville.pdf-this case. ./Mr_Andrew_Colville.pdf- ./Mr_Andrew_Colville.pdf-Mr Colville was employed as a teacher by the Royal Masonic School from September ./Mr_Andrew_Colville.pdf:1999 to July 2005. It is alleged that whilst employed by the school, he engaged in sexual ./Mr_Andrew_Colville.pdf-activity with a child and was subsequently convicted of such an offence. ./Mr_Andrew_Colville.pdf- ./Mr_Andrew_Colville.pdf-Findings of fact ./Mr_Andrew_Colville.pdf-The panel has found the following particulars of the allegation against you proven, for ./Mr_Andrew_Colville.pdf-these reasons: ./Mr_Andrew_Colville.pdf- ./Mr_Andrew_Colville.pdf- 1. You have received a conviction of a relevant criminal offence in that you ./Mr_Andrew_Colville.pdf- were convicted on or around 30 June 2016 in Harrow Crown Court: ./Mr_Andrew_Colville.pdf- ./Mr_Andrew_Colville.pdf: a. Committing sexual activity with a child between 25 May 2005 and 31 ./Mr_Andrew_Colville.pdf- July 2005, contrary to section 9 of the Sexual Offences Act 2003. You ./Mr_Andrew_Colville.pdf- were subsequently sentenced to 6 months imprisonment which was ./Mr_Andrew_Colville.pdf- wholly suspended for 18 months. You were also made subject to a ./Mr_Andrew_Colville.pdf- Sex Offenders Notice for a period of 7 years. ./Mr_Andrew_Colville.pdf- ./Mr_Andrew_Colville.pdf-The panel was provided with the certified memorandum of conviction confirming that Mr ./Mr_Andrew_Colville.pdf:Colville was convicted on 30 June 2016 of the offence of sexual activity with a female ./Mr_Andrew_Colville.pdf-child under 16 between 25 May 2005 and 31 July 2005. ./Mr_Andrew_Colville.pdf- ./Mr_Andrew_Colville.pdf-The panel found this allegation proven. ./Mr_Andrew_Colville.pdf- ./Mr_Andrew_Colville.pdf-Findings as to conviction of a relevant offence ./Mr_Andrew_Colville.pdf-The panel is satisfied that the conduct of Mr Colville in relation to the facts it has found ./Mr_Andrew_Colville.pdf-proved, involved breaches of the Teachers’ Standards. The panel considers that by ./Mr_Andrew_Colville.pdf-reference to Part Two, Mr Colville is in breach of the following standards: ./Mr_Andrew_Colville.pdf- ./Mr_Andrew_Colville.pdf-  Teachers uphold public trust in the profession and maintain high standards of -- ./Mr_Andrew_Colville.pdf-The panel has taken account of how the teaching profession is viewed by others. The ./Mr_Andrew_Colville.pdf-panel considered that Mr Colville’s behaviour in committing the offence could affect the ./Mr_Andrew_Colville.pdf-public confidence in the profession. ./Mr_Andrew_Colville.pdf- ./Mr_Andrew_Colville.pdf-The panel has noted that Mr Colville’s behaviour has ultimately led him to receiving a ./Mr_Andrew_Colville.pdf-sentence of imprisonment, albeit that it is suspended, which is indicative of the ./Mr_Andrew_Colville.pdf-seriousness of the offence committed. The panel went on to consider the remarks of the ./Mr_Andrew_Colville.pdf-sentencing Judge that, “the least sentence that I can impose upon you is one of six ./Mr_Andrew_Colville.pdf-months’ imprisonment” and this was ultimately the sentence which was imposed. ./Mr_Andrew_Colville.pdf- ./Mr_Andrew_Colville.pdf:This is a case involving an offence involving sexual activity, which the Teacher ./Mr_Andrew_Colville.pdf-Misconduct: The Prohibition of Teachers, which the panel refers to as “the Advice”, states ./Mr_Andrew_Colville.pdf-is likely to be considered a relevant offence. ./Mr_Andrew_Colville.pdf- ./Mr_Andrew_Colville.pdf-The panel has taken into account the written evidence that has been adduced attesting to ./Mr_Andrew_Colville.pdf-the teacher’s exemplary record as a teacher. The panel has also taken into consideration ./Mr_Andrew_Colville.pdf-Mr Colville’s account of the emotional difficulties that he describes he was suffering from ./Mr_Andrew_Colville.pdf-at the time of committing the offence. ./Mr_Andrew_Colville.pdf- ./Mr_Andrew_Colville.pdf-Although the panel finds the evidence of Mr Colville’s teaching proficiency to be of note, ./Mr_Andrew_Colville.pdf-the panel has found the seriousness of the offending behaviour that led to the conviction -- ./Mr_Andrew_Colville.pdf-The panel has considered the particular public interest considerations set out in the ./Mr_Andrew_Colville.pdf-Advice and having done so has found a number of them to be relevant in this case, ./Mr_Andrew_Colville.pdf-namely the protection of pupils, the maintenance of public confidence in the profession ./Mr_Andrew_Colville.pdf-and declaring and upholding proper standards of conduct. ./Mr_Andrew_Colville.pdf- ./Mr_Andrew_Colville.pdf-In light of the panel’s findings against Mr Colville, which involved his conviction for ./Mr_Andrew_Colville.pdf:engaging in sexual activity with a child through a single kiss on one occasion, there is a ./Mr_Andrew_Colville.pdf-strong public interest consideration in respect of the protection of pupils. ./Mr_Andrew_Colville.pdf- ./Mr_Andrew_Colville.pdf-Similarly, the panel considers that public confidence in the profession could be seriously ./Mr_Andrew_Colville.pdf-weakened if conduct such as that found against Mr Colville were not treated with the ./Mr_Andrew_Colville.pdf-utmost seriousness when regulating the conduct of the profession. ./Mr_Andrew_Colville.pdf- ./Mr_Andrew_Colville.pdf-The panel considered that a strong public interest consideration in declaring proper ./Mr_Andrew_Colville.pdf-standards of conduct in the profession was also present as the conduct found against Mr ./Mr_Andrew_Colville.pdf-Colville was outside that which could reasonably be tolerated. ./Mr_Andrew_Colville.pdf- ./Mr_Andrew_Colville.pdf-Notwithstanding the clear public interest considerations that were present, the panel ./Mr_Andrew_Colville.pdf-considered carefully whether or not it would be proportionate to impose a prohibition ./Mr_Andrew_Colville.pdf-order, taking into account the effect that this would have on Mr Colville. ./Mr_Andrew_Colville.pdf- ./Mr_Andrew_Colville.pdf-In carrying out the balancing exercise the panel has considered the public interest ./Mr_Andrew_Colville.pdf-considerations both in favour of and against prohibition as well as the interests of Mr ./Mr_Andrew_Colville.pdf-Colville. The panel took further account of the Advice, which suggests that a prohibition ./Mr_Andrew_Colville.pdf-order may be appropriate if certain behaviours of a teacher have been proven. In the list ./Mr_Andrew_Colville.pdf-of such behaviours, those that are relevant in this case are: ./Mr_Andrew_Colville.pdf- ./Mr_Andrew_Colville.pdf:  sexual misconduct ./Mr_Andrew_Colville.pdf-  the commission of a serious criminal offence, including those that resulted in a ./Mr_Andrew_Colville.pdf- conviction or caution, paying particular attention to offences that are ‘relevant ./Mr_Andrew_Colville.pdf- matters’ for the purposes of The Police Act 1997 and criminal record disclosures. ./Mr_Andrew_Colville.pdf-Even though there were behaviours that would point to a prohibition order being ./Mr_Andrew_Colville.pdf-appropriate, the panel went on to consider whether or not there were sufficient mitigating ./Mr_Andrew_Colville.pdf-factors to militate against a prohibition order being an appropriate and proportionate ./Mr_Andrew_Colville.pdf-measure to impose, particularly taking into account the nature and severity of the ./Mr_Andrew_Colville.pdf-behaviour in this case. ./Mr_Andrew_Colville.pdf- ./Mr_Andrew_Colville.pdf-The panel accepts the teacher’s evidence that his actions were not deliberate. The panel -- ./Mr_Andrew_Colville.pdf-  Teachers must have an understanding of, and always act within, the statutory ./Mr_Andrew_Colville.pdf- frameworks which set out their professional duties and responsibilities. ./Mr_Andrew_Colville.pdf- ./Mr_Andrew_Colville.pdf- ./Mr_Andrew_Colville.pdf- ./Mr_Andrew_Colville.pdf-The panel indicates that it has also, “taken account of how the teaching profession is ./Mr_Andrew_Colville.pdf-viewed by others.” The panel say that it, “considered that Mr Colville’s behaviour in ./Mr_Andrew_Colville.pdf-committing the offence could affect the public confidence in the profession.” ./Mr_Andrew_Colville.pdf- ./Mr_Andrew_Colville.pdf-The finding of a relevant conviction is particularly serious as on this occasion the ./Mr_Andrew_Colville.pdf:conviction is for sexual activity with a child. ./Mr_Andrew_Colville.pdf- ./Mr_Andrew_Colville.pdf-I have to determine whether the imposition of a prohibition order is proportionate and in ./Mr_Andrew_Colville.pdf-the public interest. In considering that for this case, I have considered the overall aim of a ./Mr_Andrew_Colville.pdf-prohibition order which is to protect pupils and to maintain public confidence in the ./Mr_Andrew_Colville.pdf-profession. I have considered the extent to which a prohibition order in this case would ./Mr_Andrew_Colville.pdf-achieve that aim taking into account the impact that it will have on the individual teacher. ./Mr_Andrew_Colville.pdf-I have also asked myself, whether a less intrusive measure, such as the published ./Mr_Andrew_Colville.pdf-finding of a relevant conviction , would itself be sufficient to achieve the overall aim. I ./Mr_Andrew_Colville.pdf-have to consider whether the consequences of such a publication are themselves ./Mr_Andrew_Colville.pdf- -- ./Mr_Andrew_Colville.pdf-sufficient. I have considered therefore whether or not prohibiting Mr Colville, and the ./Mr_Andrew_Colville.pdf-impact that will have on him, is proportionate and in the public interest. ./Mr_Andrew_Colville.pdf- ./Mr_Andrew_Colville.pdf-In this case, I have considered the extent to which a prohibition order would protect ./Mr_Andrew_Colville.pdf:children. The panel has observed, “This is a case involving an offence involving sexual ./Mr_Andrew_Colville.pdf-activity, which the Teacher Misconduct: The Prohibition of Teachers, which the panel ./Mr_Andrew_Colville.pdf-refers to as “the Advice”, states is likely to be considered a relevant offence.” Mr Colville’s ./Mr_Andrew_Colville.pdf-conviction related to a pupil at his school. A prohibition order would therefore prevent ./Mr_Andrew_Colville.pdf-such a risk from being present in the future for other pupils at schools at which he may ./Mr_Andrew_Colville.pdf-teach. I recognise that the likelihood of this risk occurring is dealt with elsewhere, but it is ./Mr_Andrew_Colville.pdf-nonetheless true that a prohibition order would prevent this risk from occurring whilst it is ./Mr_Andrew_Colville.pdf-in operation. ./Mr_Andrew_Colville.pdf- ./Mr_Andrew_Colville.pdf-I have also taken into account the panel’s comments on insight and remorse, which the ./Mr_Andrew_Colville.pdf-panel sets out as follows, “ In this regard, the panel noted Mr Colville’s prompt guilty plea -- ./Mr_Andrew_Colville.pdf-confidence in the profession. The panel observe that it has, “taken account of how the ./Mr_Andrew_Colville.pdf-teaching profession is viewed by others. The panel considered that Mr Colville’s ./Mr_Andrew_Colville.pdf-behaviour in committing the offence could affect the public confidence in the profession.” ./Mr_Andrew_Colville.pdf- ./Mr_Andrew_Colville.pdf-The panel has noted that, “Mr Colville’s behaviour has ultimately led to him receiving a ./Mr_Andrew_Colville.pdf-sentence of imprisonment, albeit that it is suspended, which is indicative of the ./Mr_Andrew_Colville.pdf-seriousness of the offence committed. The panel went on to consider the remarks of the ./Mr_Andrew_Colville.pdf-sentencing Judge that, “the least sentence that I can impose upon you is one of six ./Mr_Andrew_Colville.pdf-months’ imprisonment” and this was ultimately the sentence which was imposed.” ./Mr_Andrew_Colville.pdf- ./Mr_Andrew_Colville.pdf:I am particularly mindful of the conviction for sexual activity with a child in this case and ./Mr_Andrew_Colville.pdf-the impact that such a finding has on the reputation of the profession. ./Mr_Andrew_Colville.pdf- ./Mr_Andrew_Colville.pdf-I have had to consider that the public has a high expectation of professional standards of ./Mr_Andrew_Colville.pdf-all teachers and that the public might regard a failure to impose a prohibition order as a ./Mr_Andrew_Colville.pdf-failure to uphold those high standards. In weighing these considerations, I have had to ./Mr_Andrew_Colville.pdf-consider the matter from the point of view of an “ordinary intelligent and well-informed ./Mr_Andrew_Colville.pdf-citizen.” ./Mr_Andrew_Colville.pdf- ./Mr_Andrew_Colville.pdf- ./Mr_Andrew_Colville.pdf- 10 -- ./Mr_Andrew_Colville.pdf-The panel also reference, “A further character reference was provided by a friend of Mr ./Mr_Andrew_Colville.pdf-Colville, who stated, “Whilst the incident of kissing an underage female student ./Mr_Andrew_Colville.pdf-represents terrible breach of trust, this is out of character for the Andrew I know and I fully ./Mr_Andrew_Colville.pdf-support and admire him… He has shown huge remorse and regret.” ./Mr_Andrew_Colville.pdf- ./Mr_Andrew_Colville.pdf-A prohibition order would prevent Mr Colville from teaching and would also clearly ./Mr_Andrew_Colville.pdf-deprive the public of his contribution to the profession for the period that it is in force. ./Mr_Andrew_Colville.pdf- ./Mr_Andrew_Colville.pdf-In this case my view differs from that taken by the panel. I do not believe that the panel ./Mr_Andrew_Colville.pdf-has given sufficient weight to the Advice that is published by the Secretary of State ./Mr_Andrew_Colville.pdf:concerning a conviction for sexual activity with a child, who was also a pupil. I also do not ./Mr_Andrew_Colville.pdf-consider that the panel has given sufficient weight to, or the correct interpretation of, the ./Mr_Andrew_Colville.pdf-views of an ordinary, intelligent person in this respect. I fully accept that Mr Colville ./Mr_Andrew_Colville.pdf-represents a very low risk of committing any further criminal offences. That is evident by ./Mr_Andrew_Colville.pdf-the advice [Redacted] and from the references that were produced by Mr Colville. ./Mr_Andrew_Colville.pdf-However, my role is not solely to consider future harm or risk of harm. [Redacted] ./Mr_Andrew_Colville.pdf- ./Mr_Andrew_Colville.pdf-Rather, a very important and critical element of my role is to consider the impact on the ./Mr_Andrew_Colville.pdf-reputation of the whole profession, of the actions of one member of that profession. In ./Mr_Andrew_Colville.pdf-this case, I have taken a different view on this from the one taken by the panel. In my ./Mr_Andrew_Colville.pdf:opinion, although the behaviour that led to the conviction for sexual activity with a child, ./Mr_Andrew_Colville.pdf-who was also a pupil, took place in 2005, and the conviction itself was not until 2016, the ./Mr_Andrew_Colville.pdf-ordinary and intelligent member of the public will, in my opinion, rightly expect that the ./Mr_Andrew_Colville.pdf-harm done to the reputation of the profession now, is fully taken into account and acted ./Mr_Andrew_Colville.pdf-on in an appropriate way. ./Mr_Andrew_Colville.pdf- ./Mr_Andrew_Colville.pdf-I have given less weight in my consideration of sanction therefore, to the contribution that ./Mr_Andrew_Colville.pdf-Mr Colville has made to the profession. In my view, it is necessary to impose a prohibition ./Mr_Andrew_Colville.pdf-order in order to maintain public confidence in the profession. The risk of harm to pupils ./Mr_Andrew_Colville.pdf-in the present instance is not the sole issue here. I am particularly concerned in relation ./Mr_Andrew_Colville.pdf-to the damage to the reputation of the profession by allowing a person who has been ./Mr_Andrew_Colville.pdf:found guilty of sexual activity with a child, and who has received a suspended prison ./Mr_Andrew_Colville.pdf-sentence of 6 months for that conviction, to be allowed to teach. ./Mr_Andrew_Colville.pdf- ./Mr_Andrew_Colville.pdf- ./Mr_Andrew_Colville.pdf- ./Mr_Andrew_Colville.pdf- 11 ./Mr_Andrew_Colville.pdf- -- ./Mr_Andrew_Colville.pdf-respects, had considerable opportunity to reflect on his behaviour over this time. ./Mr_Andrew_Colville.pdf- ./Mr_Andrew_Colville.pdf-The legislation allows me to either impose a prohibition order with no provision for a ./Mr_Andrew_Colville.pdf-review, or to impose a prohibition order with a review period, the minimum of which is 2 ./Mr_Andrew_Colville.pdf-years. ./Mr_Andrew_Colville.pdf- ./Mr_Andrew_Colville.pdf-The Secretary of State’s published Advice is clear that even where there is mitigation, ./Mr_Andrew_Colville.pdf-including where the teacher’s actions were not deliberate, the teacher was acting under ./Mr_Andrew_Colville.pdf-duress and the teacher has previous good history, that meeting that criteria will not ./Mr_Andrew_Colville.pdf-necessarily lead to no prohibition order. The Advice also sets out the factors where a no ./Mr_Andrew_Colville.pdf:review period should apply. These include where the act was sexual misconduct, where ./Mr_Andrew_Colville.pdf-the act had the potential to harm and where the individual used their professional position ./Mr_Andrew_Colville.pdf-to abuse trust. ./Mr_Andrew_Colville.pdf- ./Mr_Andrew_Colville.pdf-In this case I recognise that all of these factors are at play to some degree. ./Mr_Andrew_Colville.pdf- ./Mr_Andrew_Colville.pdf-In my view a 2 year review period is not sufficient. I believe that a 4 year review period is ./Mr_Andrew_Colville.pdf-necessary. There are a number of factors that have taken me in this direction. The act ./Mr_Andrew_Colville.pdf:resulted in a conviction for sexual activity with a child. Any act of sexual activity with a ./Mr_Andrew_Colville.pdf-child has the potential for harm and also the potential to harm and damage the reputation ./Mr_Andrew_Colville.pdf-of the teaching profession significantly. Thirdly, Mr Colville held a position of influence as ./Mr_Andrew_Colville.pdf-a teacher and he used this position to exploit a child. I therefore am imposing a ./Mr_Andrew_Colville.pdf-prohibition order with a 4 year review period. I have not allowed for no review period in ./Mr_Andrew_Colville.pdf-this case because I have taken into account, weighing against all of these very serious ./Mr_Andrew_Colville.pdf-factors, the findings of the panel that Mr Colville’s actions were not deliberate, that he ./Mr_Andrew_Colville.pdf-was acting under duress, and that he had a previous good history. ./Mr_Andrew_Colville.pdf- ./Mr_Andrew_Colville.pdf-I believe therefore that I have appropriately and proportionately balanced, the public ./Mr_Andrew_Colville.pdf:interest, the finding of a relevant conviction for sexual activity with a child, the nature and ./Mr_Andrew_Colville.pdf-severity of the behaviour found, and the mitigation presented. I believe that a 4 year ./Mr_Andrew_Colville.pdf-review period is necessary, even taking into account the fact that the behaviour that led ./Mr_Andrew_Colville.pdf-to this conviction took place in 2005 and the conviction was made in 2016. Sexual activity ./Mr_Andrew_Colville.pdf-with a child, who is also a pupil, is a fundamental breach of the teaching profession’s ./Mr_Andrew_Colville.pdf-standards. ./Mr_Andrew_Colville.pdf- ./Mr_Andrew_Colville.pdf- ./Mr_Andrew_Colville.pdf- ./Mr_Andrew_Colville.pdf- ./Mr_Andrew_Colville.pdf- 12 -- ./Mr_Andrew_Colville.pdf-I therefore believe that this will meet the requirements of the ordinary intelligent person ./Mr_Andrew_Colville.pdf:who will see that a conviction for sexual activity with a child under the age of 16, who was ./Mr_Andrew_Colville.pdf-in addition a pupil at his school, is being properly taken into account when considering ./Mr_Andrew_Colville.pdf-the very important issue of the reputation of the teaching profession. ./Mr_Andrew_Colville.pdf- ./Mr_Andrew_Colville.pdf-In this case the publication of a finding of a relevant conviction does not in my judgement ./Mr_Andrew_Colville.pdf-sufficiently meet either the advice as set out by the Secretary of State, or meet the ./Mr_Andrew_Colville.pdf-standards of the ordinary intelligent citizen. ./Mr_Andrew_Colville.pdf- ./Mr_Andrew_Colville.pdf-This means that Mr Andrew Colville is prohibited from teaching indefinitely and ./Mr_Andrew_Colville.pdf-cannot teach in any school, sixth form college, relevant youth accommodation or ./Mr_Andrew_Colville.pdf-children’s home in England. He may apply for the prohibition order to be set aside, but ./Mr_Andrew_Corish__15813__-_SoS_for_WEB.pdf-as amended by the Notice of Meeting dated 18 October 2017. ./Mr_Andrew_Corish__15813__-_SoS_for_WEB.pdf- ./Mr_Andrew_Corish__15813__-_SoS_for_WEB.pdf-It was alleged that Mr Corish was guilty of unacceptable professional conduct and/or ./Mr_Andrew_Corish__15813__-_SoS_for_WEB.pdf-conduct that may bring the profession into disrepute, in that he: ./Mr_Andrew_Corish__15813__-_SoS_for_WEB.pdf- ./Mr_Andrew_Corish__15813__-_SoS_for_WEB.pdf- 1. Used a mobile phone to film up the skirt of one or more pupils; ./Mr_Andrew_Corish__15813__-_SoS_for_WEB.pdf- ./Mr_Andrew_Corish__15813__-_SoS_for_WEB.pdf- 2. Stored on one or more pieces of hardware, accessible by him, one or more ./Mr_Andrew_Corish__15813__-_SoS_for_WEB.pdf- inappropriate images taken up the skirts of pupils, including videos; and ./Mr_Andrew_Corish__15813__-_SoS_for_WEB.pdf- ./Mr_Andrew_Corish__15813__-_SoS_for_WEB.pdf: 3. his actions as may be found proven at allegations 1 and 2 were sexually ./Mr_Andrew_Corish__15813__-_SoS_for_WEB.pdf- motivated. ./Mr_Andrew_Corish__15813__-_SoS_for_WEB.pdf- ./Mr_Andrew_Corish__15813__-_SoS_for_WEB.pdf-The teacher has admitted all of the allegations and accepts that these actions amount to ./Mr_Andrew_Corish__15813__-_SoS_for_WEB.pdf-unacceptable professional conduct and conduct that may bring the profession into ./Mr_Andrew_Corish__15813__-_SoS_for_WEB.pdf-disrepute, as set out within the statement of agreed facts. ./Mr_Andrew_Corish__15813__-_SoS_for_WEB.pdf- ./Mr_Andrew_Corish__15813__-_SoS_for_WEB.pdf- ./Mr_Andrew_Corish__15813__-_SoS_for_WEB.pdf-C. Preliminary applications ./Mr_Andrew_Corish__15813__-_SoS_for_WEB.pdf-Whilst there were no preliminary applications, the panel considered at the outset whether ./Mr_Andrew_Corish__15813__-_SoS_for_WEB.pdf-the allegations should be considered at a public hearing which the parties would be -- ./Mr_Andrew_Corish__15813__-_SoS_for_WEB.pdf- ./Mr_Andrew_Corish__15813__-_SoS_for_WEB.pdf-The panel has carefully considered the case before it and has reached a decision. ./Mr_Andrew_Corish__15813__-_SoS_for_WEB.pdf- ./Mr_Andrew_Corish__15813__-_SoS_for_WEB.pdf-The panel confirms that it has read all the documents provided in the bundle in advance ./Mr_Andrew_Corish__15813__-_SoS_for_WEB.pdf-of the meeting. ./Mr_Andrew_Corish__15813__-_SoS_for_WEB.pdf- ./Mr_Andrew_Corish__15813__-_SoS_for_WEB.pdf-Mr Corish was an assistant headteacher at the School. It is alleged that on 11 June 2015 ./Mr_Andrew_Corish__15813__-_SoS_for_WEB.pdf-whilst supervising examinations, Mr Corish used his mobile phone to record indecent ./Mr_Andrew_Corish__15813__-_SoS_for_WEB.pdf-images of a pupil. It is alleged Mr Corish attempted to record further indecent images of ./Mr_Andrew_Corish__15813__-_SoS_for_WEB.pdf-pupils on more than one occasion. It is alleged his actions in recording these images ./Mr_Andrew_Corish__15813__-_SoS_for_WEB.pdf:were sexually motivated. ./Mr_Andrew_Corish__15813__-_SoS_for_WEB.pdf- ./Mr_Andrew_Corish__15813__-_SoS_for_WEB.pdf-Findings of fact ./Mr_Andrew_Corish__15813__-_SoS_for_WEB.pdf-Our findings of fact are as follows: ./Mr_Andrew_Corish__15813__-_SoS_for_WEB.pdf- ./Mr_Andrew_Corish__15813__-_SoS_for_WEB.pdf-The panel has found the following particulars of the allegations against you proven, for ./Mr_Andrew_Corish__15813__-_SoS_for_WEB.pdf-these reasons: ./Mr_Andrew_Corish__15813__-_SoS_for_WEB.pdf- ./Mr_Andrew_Corish__15813__-_SoS_for_WEB.pdf- 1. You used a mobile phone to film up the skirt of one or more pupils; ./Mr_Andrew_Corish__15813__-_SoS_for_WEB.pdf- ./Mr_Andrew_Corish__15813__-_SoS_for_WEB.pdf-The panel noted that Mr Corish admitted this allegation in the statement of agreed facts -- ./Mr_Andrew_Corish__15813__-_SoS_for_WEB.pdf- more inappropriate images taken up the skirts of pupils, including videos; ./Mr_Andrew_Corish__15813__-_SoS_for_WEB.pdf- and ./Mr_Andrew_Corish__15813__-_SoS_for_WEB.pdf- ./Mr_Andrew_Corish__15813__-_SoS_for_WEB.pdf-The panel noted that the teacher admitted this allegation in the Statement of Agreed ./Mr_Andrew_Corish__15813__-_SoS_for_WEB.pdf-Facts dated 26 September 2017 and his witness statement dated 26 September 2017. ./Mr_Andrew_Corish__15813__-_SoS_for_WEB.pdf-The panel also had regard to the evidence of the police investigation in which Mr Corish ./Mr_Andrew_Corish__15813__-_SoS_for_WEB.pdf-admitted the allegation. ./Mr_Andrew_Corish__15813__-_SoS_for_WEB.pdf- ./Mr_Andrew_Corish__15813__-_SoS_for_WEB.pdf-The panel found this allegation proven on the balance of probabilities. ./Mr_Andrew_Corish__15813__-_SoS_for_WEB.pdf- ./Mr_Andrew_Corish__15813__-_SoS_for_WEB.pdf: 3. Your actions as may be found proven at allegations 1 and 2 were sexually ./Mr_Andrew_Corish__15813__-_SoS_for_WEB.pdf- motivated. ./Mr_Andrew_Corish__15813__-_SoS_for_WEB.pdf- ./Mr_Andrew_Corish__15813__-_SoS_for_WEB.pdf-The panel noted that the teacher admitted this allegation in the statement of agreed facts ./Mr_Andrew_Corish__15813__-_SoS_for_WEB.pdf-dated 26 September 2017 and his witness statement dated 26 September 2017. The ./Mr_Andrew_Corish__15813__-_SoS_for_WEB.pdf-panel also had regard to the evidence of the police investigation in which Mr Corish ./Mr_Andrew_Corish__15813__-_SoS_for_WEB.pdf-admitted the allegation. ./Mr_Andrew_Corish__15813__-_SoS_for_WEB.pdf- ./Mr_Andrew_Corish__15813__-_SoS_for_WEB.pdf-The panel reviewed all of the evidence carefully and considered there to be no alternative ./Mr_Andrew_Corish__15813__-_SoS_for_WEB.pdf-credible explanation for Mr Corish’s motivation. The panel found this allegation proven on ./Mr_Andrew_Corish__15813__-_SoS_for_WEB.pdf-the balance of probabilities. -- ./Mr_Andrew_Corish__15813__-_SoS_for_WEB.pdf-The panel is satisfied that the conduct of Mr Corish fell significantly short of the standards ./Mr_Andrew_Corish__15813__-_SoS_for_WEB.pdf-expected of the profession. ./Mr_Andrew_Corish__15813__-_SoS_for_WEB.pdf- ./Mr_Andrew_Corish__15813__-_SoS_for_WEB.pdf-The panel has also considered whether Mr Corish’s conduct displayed behaviours ./Mr_Andrew_Corish__15813__-_SoS_for_WEB.pdf-associated with any of the offences listed on pages 8 and 9 of the Advice. The panel ./Mr_Andrew_Corish__15813__-_SoS_for_WEB.pdf:found that the relevant offences, “sexual activity” and “any activity involving viewing, ./Mr_Andrew_Corish__15813__-_SoS_for_WEB.pdf-taking, making, possessing, distributing or publishing any indecent photograph or image ./Mr_Andrew_Corish__15813__-_SoS_for_WEB.pdf-or pseudo photograph or image of a child”, were present. ./Mr_Andrew_Corish__15813__-_SoS_for_WEB.pdf- ./Mr_Andrew_Corish__15813__-_SoS_for_WEB.pdf-The Advice indicates that where behaviours associated with such offences exist, a panel ./Mr_Andrew_Corish__15813__-_SoS_for_WEB.pdf-is likely to conclude that an individual’s conduct would amount to unacceptable ./Mr_Andrew_Corish__15813__-_SoS_for_WEB.pdf-professional conduct. ./Mr_Andrew_Corish__15813__-_SoS_for_WEB.pdf- ./Mr_Andrew_Corish__15813__-_SoS_for_WEB.pdf-The panel has taken into account how the teaching profession is viewed by others and ./Mr_Andrew_Corish__15813__-_SoS_for_WEB.pdf-considered the influence that teachers may have on pupils, parents and others in the ./Mr_Andrew_Corish__15813__-_SoS_for_WEB.pdf-community. The panel has taken account of the uniquely influential role that teachers can -- ./Mr_Andrew_Corish__15813__-_SoS_for_WEB.pdf-measure, and whether it is in the public interest to do so. Prohibition orders should not be ./Mr_Andrew_Corish__15813__-_SoS_for_WEB.pdf-given in order to be punitive, or to show that blame has been apportioned, although they ./Mr_Andrew_Corish__15813__-_SoS_for_WEB.pdf-are likely to have a punitive effect. ./Mr_Andrew_Corish__15813__-_SoS_for_WEB.pdf- ./Mr_Andrew_Corish__15813__-_SoS_for_WEB.pdf-The panel has considered the particular public interest considerations set out in the ./Mr_Andrew_Corish__15813__-_SoS_for_WEB.pdf-Advice and having done so has found a number of them to be relevant in this case, ./Mr_Andrew_Corish__15813__-_SoS_for_WEB.pdf-namely: the protection of pupils; the protection of other members of the public; the ./Mr_Andrew_Corish__15813__-_SoS_for_WEB.pdf-maintenance of public confidence in the profession; and declaring and upholding proper ./Mr_Andrew_Corish__15813__-_SoS_for_WEB.pdf-standards of conduct. ./Mr_Andrew_Corish__15813__-_SoS_for_WEB.pdf- ./Mr_Andrew_Corish__15813__-_SoS_for_WEB.pdf:In light of the panel’s findings against Mr Corish, which involved sexually motivated ./Mr_Andrew_Corish__15813__-_SoS_for_WEB.pdf-actions within the school setting, there is a strong public interest consideration in respect ./Mr_Andrew_Corish__15813__-_SoS_for_WEB.pdf-of the protection of pupils. ./Mr_Andrew_Corish__15813__-_SoS_for_WEB.pdf- ./Mr_Andrew_Corish__15813__-_SoS_for_WEB.pdf- ./Mr_Andrew_Corish__15813__-_SoS_for_WEB.pdf- 7 ./Mr_Andrew_Corish__15813__-_SoS_for_WEB.pdf- -- ./Mr_Andrew_Corish__15813__-_SoS_for_WEB.pdf-Corish. The panel took further account of the Advice, which suggests that a prohibition ./Mr_Andrew_Corish__15813__-_SoS_for_WEB.pdf-order may be appropriate if certain behaviours of a teacher have been proven. In the list ./Mr_Andrew_Corish__15813__-_SoS_for_WEB.pdf-of such behaviours, those that are relevant in this case are: ./Mr_Andrew_Corish__15813__-_SoS_for_WEB.pdf- ./Mr_Andrew_Corish__15813__-_SoS_for_WEB.pdf-  serious departure from the personal and professional conduct elements of the ./Mr_Andrew_Corish__15813__-_SoS_for_WEB.pdf- Teachers’ Standards; ./Mr_Andrew_Corish__15813__-_SoS_for_WEB.pdf-  misconduct seriously affecting the education and/or well-being of pupils, and ./Mr_Andrew_Corish__15813__-_SoS_for_WEB.pdf- particularly where there is a continuing risk; ./Mr_Andrew_Corish__15813__-_SoS_for_WEB.pdf-  abuse of position or trust (particularly involving vulnerable pupils) or violation of the ./Mr_Andrew_Corish__15813__-_SoS_for_WEB.pdf- rights of pupils; ./Mr_Andrew_Corish__15813__-_SoS_for_WEB.pdf:  sexual misconduct, e.g. involving actions that were sexually motivated or of a ./Mr_Andrew_Corish__15813__-_SoS_for_WEB.pdf: sexual nature and/or that use or exploit the trust, knowledge or influence derived ./Mr_Andrew_Corish__15813__-_SoS_for_WEB.pdf- from the individual’s professional position; ./Mr_Andrew_Corish__15813__-_SoS_for_WEB.pdf-  any activity involving viewing, taking, making, possessing, distributing or ./Mr_Andrew_Corish__15813__-_SoS_for_WEB.pdf- publishing any indecent photograph or image or pseudo photograph or image of a ./Mr_Andrew_Corish__15813__-_SoS_for_WEB.pdf- child, or permitting such activity, including one-off incidents. ./Mr_Andrew_Corish__15813__-_SoS_for_WEB.pdf- ./Mr_Andrew_Corish__15813__-_SoS_for_WEB.pdf-Even though there were behaviours that would point to a prohibition order being ./Mr_Andrew_Corish__15813__-_SoS_for_WEB.pdf-appropriate, the panel went on to consider whether or not there were sufficient mitigating ./Mr_Andrew_Corish__15813__-_SoS_for_WEB.pdf-factors to militate against a prohibition order being an appropriate and proportionate ./Mr_Andrew_Corish__15813__-_SoS_for_WEB.pdf-measure to impose, particularly taking into account the nature and severity of the ./Mr_Andrew_Corish__15813__-_SoS_for_WEB.pdf-behaviour in this case. -- ./Mr_Andrew_Corish__15813__-_SoS_for_WEB.pdf-that a prohibition order should be imposed with immediate effect. ./Mr_Andrew_Corish__15813__-_SoS_for_WEB.pdf- ./Mr_Andrew_Corish__15813__-_SoS_for_WEB.pdf-The panel went on to consider whether or not it would be appropriate to decide to ./Mr_Andrew_Corish__15813__-_SoS_for_WEB.pdf-recommend that a review period of the order should be considered. The panel was ./Mr_Andrew_Corish__15813__-_SoS_for_WEB.pdf-mindful that the Advice states that a prohibition order applies for life, but there may be ./Mr_Andrew_Corish__15813__-_SoS_for_WEB.pdf-circumstances in any given case that may make it appropriate to allow a teacher to apply ./Mr_Andrew_Corish__15813__-_SoS_for_WEB.pdf-to have the prohibition order reviewed after a specified period of time that may not be ./Mr_Andrew_Corish__15813__-_SoS_for_WEB.pdf-less than 2 years. ./Mr_Andrew_Corish__15813__-_SoS_for_WEB.pdf- ./Mr_Andrew_Corish__15813__-_SoS_for_WEB.pdf-The Advice indicates that there are behaviours that, if proven, would militate against a ./Mr_Andrew_Corish__15813__-_SoS_for_WEB.pdf:review period being recommended. One of these behaviours is serious sexual ./Mr_Andrew_Corish__15813__-_SoS_for_WEB.pdf:misconduct, e.g. where the act was sexually motivated and resulted in or had the ./Mr_Andrew_Corish__15813__-_SoS_for_WEB.pdf-potential to result in, harm to a person. The panel considered this carefully and found that ./Mr_Andrew_Corish__15813__-_SoS_for_WEB.pdf-Mr Corish’s behaviour was at the less serious end of the scale. ./Mr_Andrew_Corish__15813__-_SoS_for_WEB.pdf- ./Mr_Andrew_Corish__15813__-_SoS_for_WEB.pdf-The panel found that Mr Corish had shown significant insight into the impact of his ./Mr_Andrew_Corish__15813__-_SoS_for_WEB.pdf-actions and had admitted and apologised for them at the outset of the police ./Mr_Andrew_Corish__15813__-_SoS_for_WEB.pdf-investigation. In particular the panel noted that Mr Corish fully cooperated with the ./Mr_Andrew_Corish__15813__-_SoS_for_WEB.pdf-School’s investigation, the police investigation and these proceedings. Mr Corish ./Mr_Andrew_Corish__15813__-_SoS_for_WEB.pdf-demonstrated remorse for his actions and made no excuses for his behaviour. ./Mr_Andrew_Corish__15813__-_SoS_for_WEB.pdf- ./Mr_Andrew_Corish__15813__-_SoS_for_WEB.pdf-Despite Mr Corish’s previous good history and insight into his actions, the panel felt the -- ./Mr_Andrew_Corish__15813__-_SoS_for_WEB.pdf- o having regard for the need to safeguard pupils’ well-being, in accordance with ./Mr_Andrew_Corish__15813__-_SoS_for_WEB.pdf- statutory provisions. ./Mr_Andrew_Corish__15813__-_SoS_for_WEB.pdf-  Teachers must have an understanding of, and always act within, the statutory ./Mr_Andrew_Corish__15813__-_SoS_for_WEB.pdf- frameworks which set out their professional duties and responsibilities. ./Mr_Andrew_Corish__15813__-_SoS_for_WEB.pdf- ./Mr_Andrew_Corish__15813__-_SoS_for_WEB.pdf-The panel finds that the conduct of Mr Corish fell significantly short of the standards ./Mr_Andrew_Corish__15813__-_SoS_for_WEB.pdf-expected of the profession. ./Mr_Andrew_Corish__15813__-_SoS_for_WEB.pdf- ./Mr_Andrew_Corish__15813__-_SoS_for_WEB.pdf-The findings of misconduct are particularly serious as they include conduct associated ./Mr_Andrew_Corish__15813__-_SoS_for_WEB.pdf-with the offences listed on pages 8 and 9 of the Advice. ‘The panel found that the ./Mr_Andrew_Corish__15813__-_SoS_for_WEB.pdf:relevant offences, “sexual activity” and “any activity involving viewing, taking, making, ./Mr_Andrew_Corish__15813__-_SoS_for_WEB.pdf-possessing, distributing or publishing any indecent photograph or image or pseudo ./Mr_Andrew_Corish__15813__-_SoS_for_WEB.pdf-photograph or image of a child”, were present.’ ./Mr_Andrew_Corish__15813__-_SoS_for_WEB.pdf- ./Mr_Andrew_Corish__15813__-_SoS_for_WEB.pdf-I have to determine whether the imposition of a prohibition order is proportionate and in ./Mr_Andrew_Corish__15813__-_SoS_for_WEB.pdf-the public interest. In considering that for this case I have considered the overall aim of a ./Mr_Andrew_Corish__15813__-_SoS_for_WEB.pdf-prohibition order which is to protect pupils and to maintain public confidence in the ./Mr_Andrew_Corish__15813__-_SoS_for_WEB.pdf-profession. I have considered the extent to which a prohibition order in this case would ./Mr_Andrew_Corish__15813__-_SoS_for_WEB.pdf-achieve that aim taking into account the impact that it will have on the individual teacher. ./Mr_Andrew_Corish__15813__-_SoS_for_WEB.pdf-I have also asked myself whether or not a less intrusive measure, such as the published ./Mr_Andrew_Corish__15813__-_SoS_for_WEB.pdf-finding of unacceptable professional conduct and conduct that may bring the profession ./Mr_Andrew_Corish__15813__-_SoS_for_WEB.pdf-into disrepute, would itself be sufficient to achieve the overall aim. I have to consider ./Mr_Andrew_Corish__15813__-_SoS_for_WEB.pdf-whether the consequences of such a publication are themselves sufficient. I have ./Mr_Andrew_Corish__15813__-_SoS_for_WEB.pdf-considered therefore whether or not prohibiting Mr Corish, and the impact that will have ./Mr_Andrew_Corish__15813__-_SoS_for_WEB.pdf-on him, is proportionate. ./Mr_Andrew_Corish__15813__-_SoS_for_WEB.pdf- ./Mr_Andrew_Corish__15813__-_SoS_for_WEB.pdf-In this case I have considered the extent to which a prohibition order would protect ./Mr_Andrew_Corish__15813__-_SoS_for_WEB.pdf:children. The panel has observed, in light of its findings which involved sexually ./Mr_Andrew_Corish__15813__-_SoS_for_WEB.pdf-motivated actions within the school setting that, “there is a strong public interest ./Mr_Andrew_Corish__15813__-_SoS_for_WEB.pdf-consideration in respect of the protection of pupils.’ A prohibition order would therefore ./Mr_Andrew_Corish__15813__-_SoS_for_WEB.pdf-prevent such a risk from being present. I have therefore given this element considerable ./Mr_Andrew_Corish__15813__-_SoS_for_WEB.pdf-weight in reaching my decision. ./Mr_Andrew_Corish__15813__-_SoS_for_WEB.pdf- ./Mr_Andrew_Corish__15813__-_SoS_for_WEB.pdf-I have gone on to consider the extent to which a prohibition order would maintain public ./Mr_Andrew_Corish__15813__-_SoS_for_WEB.pdf-confidence in the profession. The panel considered that, “that public confidence in the ./Mr_Andrew_Corish__15813__-_SoS_for_WEB.pdf-profession could be seriously weakened if conduct such as that found against Mr Corish ./Mr_Andrew_Corish__15813__-_SoS_for_WEB.pdf-were not treated with the utmost seriousness when regulating the conduct of the ./Mr_Andrew_Corish__15813__-_SoS_for_WEB.pdf:profession.” I am particularly mindful of the finding of sexual misconduct in this case and ./Mr_Andrew_Corish__15813__-_SoS_for_WEB.pdf-the impact that such a finding has on the reputation of the profession. ./Mr_Andrew_Corish__15813__-_SoS_for_WEB.pdf- ./Mr_Andrew_Corish__15813__-_SoS_for_WEB.pdf-I have had to consider that the public has a high expectation of professional standards of ./Mr_Andrew_Corish__15813__-_SoS_for_WEB.pdf-all teachers and that failure to impose a prohibition order might be regarded by the public ./Mr_Andrew_Corish__15813__-_SoS_for_WEB.pdf- ./Mr_Andrew_Corish__15813__-_SoS_for_WEB.pdf- 10 ./Mr_Andrew_Corish__15813__-_SoS_for_WEB.pdf- -- ./Mr_Andrew_Corish__15813__-_SoS_for_WEB.pdf-Cornish” and that, “The impact of Mr Corish’s actions on pupils under his care was a ./Mr_Andrew_Corish__15813__-_SoS_for_WEB.pdf-significant factor in forming that opinion.” I have also considered the list of behaviours ./Mr_Andrew_Corish__15813__-_SoS_for_WEB.pdf-that the panel have highlighted as relevant in this case: ./Mr_Andrew_Corish__15813__-_SoS_for_WEB.pdf- ./Mr_Andrew_Corish__15813__-_SoS_for_WEB.pdf-  serious departure from the personal and professional conduct elements of the ./Mr_Andrew_Corish__15813__-_SoS_for_WEB.pdf- Teachers’ Standards; ./Mr_Andrew_Corish__15813__-_SoS_for_WEB.pdf-  misconduct seriously affecting the education and/or well-being of pupils, and ./Mr_Andrew_Corish__15813__-_SoS_for_WEB.pdf- particularly where there is a continuing risk; ./Mr_Andrew_Corish__15813__-_SoS_for_WEB.pdf-  abuse of position or trust (particularly involving vulnerable pupils) or violation of the ./Mr_Andrew_Corish__15813__-_SoS_for_WEB.pdf- rights of pupils; ./Mr_Andrew_Corish__15813__-_SoS_for_WEB.pdf:  sexual misconduct, e.g. involving actions that were sexually motivated or of a ./Mr_Andrew_Corish__15813__-_SoS_for_WEB.pdf: sexual nature and/or that use or exploit the trust, knowledge or influence derived ./Mr_Andrew_Corish__15813__-_SoS_for_WEB.pdf- from the individual’s professional position; ./Mr_Andrew_Corish__15813__-_SoS_for_WEB.pdf-  any activity involving viewing, taking, making, possessing, distributing or ./Mr_Andrew_Corish__15813__-_SoS_for_WEB.pdf- publishing any indecent photograph or image or pseudo photograph or image of a ./Mr_Andrew_Corish__15813__-_SoS_for_WEB.pdf- child, or permitting such activity, including one-off incidents. ./Mr_Andrew_Corish__15813__-_SoS_for_WEB.pdf- ./Mr_Andrew_Corish__15813__-_SoS_for_WEB.pdf-I have placed significant weight in my consideration of sanction to this element. ./Mr_Andrew_Corish__15813__-_SoS_for_WEB.pdf- ./Mr_Andrew_Corish__15813__-_SoS_for_WEB.pdf-I have also taken into account the panel’s comments on insight and remorse which the ./Mr_Andrew_Corish__15813__-_SoS_for_WEB.pdf-panel sets out as follows, “Mr Corish had shown significant insight into the impact of his ./Mr_Andrew_Corish__15813__-_SoS_for_WEB.pdf-actions and had admitted and apologised for them at the outset of the police ./Mr_Anthony_Moore_-_Professional_conduct_panel_outcome.pdf-participate in the Horizon Programme for up to 35 sessions; required to undertake ./Mr_Anthony_Moore_-_Professional_conduct_panel_outcome.pdf-Rehabilitation Activity Requirement (‘RAR’) for a maximum of 20 days; made subject to a ./Mr_Anthony_Moore_-_Professional_conduct_panel_outcome.pdf:sexual harm prevention order for a period of 10 years; made subject to notification ./Mr_Anthony_Moore_-_Professional_conduct_panel_outcome.pdf-requirements for 10 years; ordered to forfeit various electronic devices; and ordered to ./Mr_Anthony_Moore_-_Professional_conduct_panel_outcome.pdf-pay a victim surcharge of £140. ./Mr_Anthony_Moore_-_Professional_conduct_panel_outcome.pdf- ./Mr_Anthony_Moore_-_Professional_conduct_panel_outcome.pdf-The panel was provided with a copy of the Judge’s sentencing remarks from the ./Mr_Anthony_Moore_-_Professional_conduct_panel_outcome.pdf-sentencing hearing on 22 April 2021. The sentencing remarks indicated that Mr Moore ./Mr_Anthony_Moore_-_Professional_conduct_panel_outcome.pdf-entered a guilty plea. ./Mr_Anthony_Moore_-_Professional_conduct_panel_outcome.pdf- ./Mr_Anthony_Moore_-_Professional_conduct_panel_outcome.pdf-Mr Moore did not provide a response to the Notice of Proceedings but, in an email to the ./Mr_Anthony_Moore_-_Professional_conduct_panel_outcome.pdf-TRA dated 15 February 2022, he stated: “I have admitted the offences… I confirm that I ./Mr_Anthony_Moore_-_Professional_conduct_panel_outcome.pdf-have admitted my guilt”. ./Mr_Anthony_Shaw.pdf- 1. Whilst employed as a maths teacher at Morecambe High School, he engaged in ./Mr_Anthony_Shaw.pdf- inappropriate and/or unprofessional behaviour towards Pupil A between 2008- ./Mr_Anthony_Shaw.pdf- 2010, including by: ./Mr_Anthony_Shaw.pdf- ./Mr_Anthony_Shaw.pdf- a. exchanging messages with Pupil A via social media in which he:- ./Mr_Anthony_Shaw.pdf- ./Mr_Anthony_Shaw.pdf- i. commented on her appearance and/or called her ‘pretty’; ./Mr_Anthony_Shaw.pdf- ./Mr_Anthony_Shaw.pdf- ii. told her that she would find another boyfriend easily; ./Mr_Anthony_Shaw.pdf- ./Mr_Anthony_Shaw.pdf: iii. made sexual innuendos about her riding a horse and sitting on a ./Mr_Anthony_Shaw.pdf- saddle; ./Mr_Anthony_Shaw.pdf- ./Mr_Anthony_Shaw.pdf- iv. requested that she come into the school without tights or underwear ./Mr_Anthony_Shaw.pdf- and/or sit somewhere where he could see her and push her skirt up; ./Mr_Anthony_Shaw.pdf- ./Mr_Anthony_Shaw.pdf- v. sent her one or more videos of himself and/or another male engaging ./Mr_Anthony_Shaw.pdf- in masturbation; ./Mr_Anthony_Shaw.pdf- ./Mr_Anthony_Shaw.pdf- vi. asked her if she had enjoyed watching one or more videos or words ./Mr_Anthony_Shaw.pdf- to that effect of himself and/or another male engaging in masturbation; ./Mr_Anthony_Shaw.pdf- and ./Mr_Anthony_Shaw.pdf- ./Mr_Anthony_Shaw.pdf- vii. asked and/or suggested that she send a video of herself ./Mr_Anthony_Shaw.pdf- masturbating to him. ./Mr_Anthony_Shaw.pdf- ./Mr_Anthony_Shaw.pdf- b. inviting Pupil A to his house for a meal and asking her to wear her school ./Mr_Anthony_Shaw.pdf- uniform. ./Mr_Anthony_Shaw.pdf- ./Mr_Anthony_Shaw.pdf- 2. His actions as may be found proven in allegation 1 above, is conduct of a ./Mr_Anthony_Shaw.pdf: sexual nature and/or was sexually motivated. ./Mr_Anthony_Shaw.pdf- ./Mr_Anthony_Shaw.pdf-Mr Shaw has not admitted the allegations or that they amount to unacceptable ./Mr_Anthony_Shaw.pdf-professional conduct and/or conduct that may bring the profession into disrepute. ./Mr_Anthony_Shaw.pdf- ./Mr_Anthony_Shaw.pdf- ./Mr_Anthony_Shaw.pdf- ./Mr_Anthony_Shaw.pdf- ./Mr_Anthony_Shaw.pdf- 4 ./Mr_Anthony_Shaw.pdf- -- ./Mr_Anthony_Shaw.pdf-Mr Shaw was employed at Morecambe High School “the School” as a mathematics ./Mr_Anthony_Shaw.pdf-teacher from 1 September 2006. Pupil A was a pupil at the School from September 2007 ./Mr_Anthony_Shaw.pdf-until July 2010. She returned to the School in September 2011 to attend sixth form. ./Mr_Anthony_Shaw.pdf- ./Mr_Anthony_Shaw.pdf-At some point between the academic years 2008 to 2010 Pupil A confided in Mr Shaw ./Mr_Anthony_Shaw.pdf-regarding her boyfriend at the time. Mr Shaw allegedly added Pupil A on social media, ./Mr_Anthony_Shaw.pdf-namely Facebook and MSN, and they began messaging each other. Mr Shaw is alleged ./Mr_Anthony_Shaw.pdf:to have sent to Pupil A messages with sexual innuendos and one or more videos of ./Mr_Anthony_Shaw.pdf-himself and/or another man masturbating. ./Mr_Anthony_Shaw.pdf- ./Mr_Anthony_Shaw.pdf-In or around September 2012, Pupil A made a comment to another teacher, ./Mr_Anthony_Shaw.pdf-[REDACTED], regarding Mr Shaw. On or around 27 September 2012, Pupil A reported ./Mr_Anthony_Shaw.pdf-the events to the same teacher and the deputy headteacher at the School. The School ./Mr_Anthony_Shaw.pdf-made a referral to the Local Authority Designated Officer (the ‘LADO’). ./Mr_Anthony_Shaw.pdf- ./Mr_Anthony_Shaw.pdf-On or around 2 October 2012, Mr Shaw was arrested and interviewed by the police. On ./Mr_Anthony_Shaw.pdf-or around 8 October 2012, Mr Shaw was suspended from the School pending the ./Mr_Anthony_Shaw.pdf-outcome of the police investigation. -- ./Mr_Anthony_Shaw.pdf- i. commented on her appearance and/or called her ‘pretty’; ./Mr_Anthony_Shaw.pdf- ./Mr_Anthony_Shaw.pdf- ii. told her that she would find another boyfriend easily; ./Mr_Anthony_Shaw.pdf- ./Mr_Anthony_Shaw.pdf: iii. made sexual innuendos about her riding a horse and sitting on a ./Mr_Anthony_Shaw.pdf- saddle; ./Mr_Anthony_Shaw.pdf- ./Mr_Anthony_Shaw.pdf- iv. requested that she come into the School without tights or underwear ./Mr_Anthony_Shaw.pdf- and/or sit somewhere where you could see her and push her skirt up; ./Mr_Anthony_Shaw.pdf- ./Mr_Anthony_Shaw.pdf- v. sent her one or more videos of yourself and/or another male engaging ./Mr_Anthony_Shaw.pdf- in masturbation; ./Mr_Anthony_Shaw.pdf- ./Mr_Anthony_Shaw.pdf- vi. asked her if she had enjoyed watching one or more videos or words ./Mr_Anthony_Shaw.pdf- to that effect of yourself and/or another male engaging in masturbation; -- ./Mr_Anthony_Shaw.pdf-matter owing to a lack of evidence, however it did not consider that it precluded the panel ./Mr_Anthony_Shaw.pdf-from finding the allegations proved especially given the different evidential burden. The ./Mr_Anthony_Shaw.pdf-panel was informed that the MSN messages and video clips had been deleted and ./Mr_Anthony_Shaw.pdf-therefore could not be considered by the police as part of their original investigation or by ./Mr_Anthony_Shaw.pdf-the panel as part of these proceedings. ./Mr_Anthony_Shaw.pdf- ./Mr_Anthony_Shaw.pdf-On balance, the panel concluded that Mr Shaw had been in contact with Pupil A on social ./Mr_Anthony_Shaw.pdf-media and that the allegations were proven. ./Mr_Anthony_Shaw.pdf- ./Mr_Anthony_Shaw.pdf- 2. Your actions as may be found proven in allegation 1 above, is conduct of ./Mr_Anthony_Shaw.pdf: a sexual nature and/or was sexually motivated. ./Mr_Anthony_Shaw.pdf- ./Mr_Anthony_Shaw.pdf-On examination of the documents before the panel and on consideration of the oral ./Mr_Anthony_Shaw.pdf-evidence from Pupil A, the panel was satisfied that the allegation was proved. ./Mr_Anthony_Shaw.pdf- ./Mr_Anthony_Shaw.pdf-The panel’s attention was drawn to s78 Sexual Offences Act 2003 and to the case of Sait ./Mr_Anthony_Shaw.pdf-v General Medical Council [2018]. In respect of the issue of motivation, the panel ./Mr_Anthony_Shaw.pdf:considered that Mr Shaw’s conduct was done either in pursuit of sexual gratification or in ./Mr_Anthony_Shaw.pdf:pursuit of a sexual relationship. ./Mr_Anthony_Shaw.pdf- ./Mr_Anthony_Shaw.pdf-In making this determination, the panel had particular regard to the fact that Mr Shaw had ./Mr_Anthony_Shaw.pdf:sent one or more sexually explicit videos to Pupil A and made sexual innuendos. It also ./Mr_Anthony_Shaw.pdf-had regard to the fact that Mr Shaw had asked Pupil A to come to his house dressed in ./Mr_Anthony_Shaw.pdf-her school uniform and that he had asked her to attend school without wearing tights or ./Mr_Anthony_Shaw.pdf-underwear. ./Mr_Anthony_Shaw.pdf- ./Mr_Anthony_Shaw.pdf- ./Mr_Anthony_Shaw.pdf- ./Mr_Anthony_Shaw.pdf- ./Mr_Anthony_Shaw.pdf- 8 ./Mr_Anthony_Shaw.pdf- -- ./Mr_Anthony_Shaw.pdf-The panel concluded that the words Mr Shaw had used and the context in which those ./Mr_Anthony_Shaw.pdf:words were used plainly indicated conduct of a sexual nature and/or sexual motivation. ./Mr_Anthony_Shaw.pdf-The panel did not consider that Mr Shaw’s actions could be construed in any other way. ./Mr_Anthony_Shaw.pdf- ./Mr_Anthony_Shaw.pdf-The panel also heard evidence that Mr Shaw told Pupil A he could no longer be friends ./Mr_Anthony_Shaw.pdf-with her on Facebook because somebody had noticed that they were connected on ./Mr_Anthony_Shaw.pdf-social media. Mr Shaw then began communicating with Pupil A by MSN. The panel felt ./Mr_Anthony_Shaw.pdf-that this indicated an acknowledgement by Mr Shaw that his communications with Pupil ./Mr_Anthony_Shaw.pdf-A were inappropriate but, despite this, he still sought to continue and conceal them. ./Mr_Anthony_Shaw.pdf- ./Mr_Anthony_Shaw.pdf-Findings as to unacceptable professional conduct and/or conduct that may bring ./Mr_Anthony_Shaw.pdf-the profession into disrepute -- ./Mr_Anthony_Shaw.pdf-behaviour with Pupil A in person, was a clear and serious departure from the standards ./Mr_Anthony_Shaw.pdf-of conduct expected of the teaching profession. ./Mr_Anthony_Shaw.pdf- ./Mr_Anthony_Shaw.pdf-The panel also considered whether Mr Shaw’s conduct displayed behaviours associated ./Mr_Anthony_Shaw.pdf-with any of the offences listed on pages 10 and 11 of the Advice. The panel found that ./Mr_Anthony_Shaw.pdf:the offence of sexual activity was relevant. The Advice indicates that where behaviours ./Mr_Anthony_Shaw.pdf-associated with such an offence exist, a panel is likely to conclude that an individual’s ./Mr_Anthony_Shaw.pdf-conduct would amount to unacceptable professional conduct. Whilst Mr Shaw was not ./Mr_Anthony_Shaw.pdf-convicted of an offence, the panel considered that he had displayed behaviours ./Mr_Anthony_Shaw.pdf:associated with sexual activity, given the video(s) he sent to Pupil A and the nature of the ./Mr_Anthony_Shaw.pdf-messages that he sent her. ./Mr_Anthony_Shaw.pdf- ./Mr_Anthony_Shaw.pdf-The panel felt strongly about the allegations in this matter and, whilst it had not been ./Mr_Anthony_Shaw.pdf-asked to consider this, it felt that Mr Shaw’s behaviour was consistent with that of ./Mr_Anthony_Shaw.pdf:someone attempting to “groom” a young person. ./Mr_Anthony_Shaw.pdf- ./Mr_Anthony_Shaw.pdf-Accordingly, the panel was satisfied that Mr Shaw was guilty of unacceptable ./Mr_Anthony_Shaw.pdf-professional conduct. ./Mr_Anthony_Shaw.pdf- ./Mr_Anthony_Shaw.pdf-The panel took into account the way the teaching profession is viewed by others and ./Mr_Anthony_Shaw.pdf-considered the influence that teachers may have on pupils, parents, and others in the ./Mr_Anthony_Shaw.pdf-community. The panel also took account of the uniquely influential role that teachers can ./Mr_Anthony_Shaw.pdf-hold in pupils’ lives and the fact that pupils must be able to view teachers as role models ./Mr_Anthony_Shaw.pdf-in the way that they behave. ./Mr_Anthony_Shaw.pdf- -- ./Mr_Anthony_Shaw.pdf: ▪ sexual misconduct, for example, involving actions that were sexually motivated or ./Mr_Anthony_Shaw.pdf: of a sexual nature and/or that use or exploit the trust, knowledge or influence ./Mr_Anthony_Shaw.pdf- derived from the individual’s professional position; ./Mr_Anthony_Shaw.pdf- ./Mr_Anthony_Shaw.pdf-Even though some of the behaviour found proved in this case indicated that a prohibition ./Mr_Anthony_Shaw.pdf-order would be appropriate, the panel went on to consider the mitigating factors. ./Mr_Anthony_Shaw.pdf-Mitigating factors may indicate that a prohibition order would not be appropriate or ./Mr_Anthony_Shaw.pdf-proportionate. ./Mr_Anthony_Shaw.pdf- ./Mr_Anthony_Shaw.pdf-In the light of the panel’s findings: ./Mr_Anthony_Shaw.pdf- ./Mr_Anthony_Shaw.pdf-There was evidence that Mr Shaw’s actions were deliberate. There was no evidence to -- ./Mr_Anthony_Shaw.pdf-The panel was of the view that, applying the standard of the ordinary intelligent citizen, it ./Mr_Anthony_Shaw.pdf-would not be a proportionate and appropriate response to recommend no prohibition ./Mr_Anthony_Shaw.pdf-order. Recommending that the publication of adverse findings would be sufficient would ./Mr_Anthony_Shaw.pdf-unacceptably compromise the public interest considerations present in this case, despite ./Mr_Anthony_Shaw.pdf-the severity of the consequences for Mr Shaw of prohibition. ./Mr_Anthony_Shaw.pdf- ./Mr_Anthony_Shaw.pdf-The panel was of the view that prohibition was both proportionate and appropriate. The ./Mr_Anthony_Shaw.pdf-panel decided that the public interest considerations outweighed the interests of Mr ./Mr_Anthony_Shaw.pdf-Shaw. The serious nature of the misconduct was a significant factor in forming that ./Mr_Anthony_Shaw.pdf-opinion; the panel concluded that the misconduct was on the more serious end of the ./Mr_Anthony_Shaw.pdf:scale as it related to conduct of a sexual nature with a pupil. ./Mr_Anthony_Shaw.pdf- ./Mr_Anthony_Shaw.pdf-The panel was also mindful of the length of time that had elapsed from the original ./Mr_Anthony_Shaw.pdf-misconduct in 2008 to 2010 to the date of the hearing. Mr Shaw had therefore had a long ./Mr_Anthony_Shaw.pdf-period of time to reflect on his behaviour. Despite this, Mr Shaw had not shown any ./Mr_Anthony_Shaw.pdf- ./Mr_Anthony_Shaw.pdf- ./Mr_Anthony_Shaw.pdf- 12 ./Mr_Anthony_Shaw.pdf- -- ./Mr_Anthony_Shaw.pdf-Accordingly, the panel made a recommendation to the Secretary of State that a ./Mr_Anthony_Shaw.pdf-prohibition order should be imposed with immediate effect. ./Mr_Anthony_Shaw.pdf- ./Mr_Anthony_Shaw.pdf-The panel went on to consider whether or not it would be appropriate for it to decide to ./Mr_Anthony_Shaw.pdf-recommend a review period of the order. The panel was mindful that the Advice states ./Mr_Anthony_Shaw.pdf-that a prohibition order applies for life, but there may be circumstances, in any given ./Mr_Anthony_Shaw.pdf-case, that may make it appropriate to allow a teacher to apply to have the prohibition ./Mr_Anthony_Shaw.pdf-order reviewed after a specified period of time that may not be less than 2 years. ./Mr_Anthony_Shaw.pdf- ./Mr_Anthony_Shaw.pdf-The Advice indicates that there are behaviours that, if proved, would militate against the ./Mr_Anthony_Shaw.pdf:recommendation of a review period. One of these behaviours includes serious sexual ./Mr_Anthony_Shaw.pdf:misconduct, such as where the act was sexually motivated and resulted in, or had the ./Mr_Anthony_Shaw.pdf-potential to result in, harm to a person or persons, particularly where the individual has ./Mr_Anthony_Shaw.pdf-used his professional position to influence or exploit a person or persons. ./Mr_Anthony_Shaw.pdf- ./Mr_Anthony_Shaw.pdf:The panel considered this, however it ultimately concluded that whilst there was sexual ./Mr_Anthony_Shaw.pdf-misconduct present in this matter, it was not at the most serious end of the spectrum. The ./Mr_Anthony_Shaw.pdf-fact that there was no physical contact was a significant factor in the panel reaching this ./Mr_Anthony_Shaw.pdf-conclusion. In addition, without wishing to minimise the impact on Pupil A, it did not ./Mr_Anthony_Shaw.pdf-appear that Pupil A had been seriously harmed by the conduct that took place and no ./Mr_Anthony_Shaw.pdf-evidence was presented to suggest it had continued to have a particularly negative ./Mr_Anthony_Shaw.pdf-impact on her life. ./Mr_Anthony_Shaw.pdf- ./Mr_Anthony_Shaw.pdf-The panel was of the view that this decision may allow Mr Shaw to reflect on his actions ./Mr_Anthony_Shaw.pdf-and take steps to remediate his behaviour and demonstrate insight in due course. ./Mr_Anthony_Shaw.pdf- -- ./Mr_Anthony_Shaw.pdf- practices of the school in which they teach and maintain high standards in their ./Mr_Anthony_Shaw.pdf- own attendance and punctuality. ./Mr_Anthony_Shaw.pdf- ./Mr_Anthony_Shaw.pdf- ▪ Teachers must have an understanding of, and always act within, the statutory ./Mr_Anthony_Shaw.pdf- frameworks which set out their professional duties and responsibilities. ./Mr_Anthony_Shaw.pdf- ./Mr_Anthony_Shaw.pdf-The panel finds that the conduct of Mr Shaw fell significantly short of the standards ./Mr_Anthony_Shaw.pdf-expected of the profession. ./Mr_Anthony_Shaw.pdf- ./Mr_Anthony_Shaw.pdf-The findings of misconduct are particularly serious as they include a finding of failure to ./Mr_Anthony_Shaw.pdf:maintain appropriate professional boundaries with a pupil, conduct of a sexual nature ./Mr_Anthony_Shaw.pdf:and/or sexual motivation. ./Mr_Anthony_Shaw.pdf- ./Mr_Anthony_Shaw.pdf-I have to determine whether the imposition of a prohibition order is proportionate and in ./Mr_Anthony_Shaw.pdf-the public interest. In considering that for this case, I have considered the overall aim of a ./Mr_Anthony_Shaw.pdf-prohibition order which is to protect pupils and to maintain public confidence in the ./Mr_Anthony_Shaw.pdf-profession. I have considered the extent to which a prohibition order in this case would ./Mr_Anthony_Shaw.pdf-achieve that aim taking into account the impact that it will have on the individual teacher. ./Mr_Anthony_Shaw.pdf-I have also asked myself, whether a less intrusive measure, such as the published ./Mr_Anthony_Shaw.pdf-finding of unacceptable professional conduct and conduct that may bring the profession ./Mr_Anthony_Shaw.pdf-into disrepute, would itself be sufficient to achieve the overall aim. I have to consider ./Mr_Anthony_Shaw.pdf-whether the consequences of such a publication are themselves sufficient. I have -- ./Mr_Anthony_Shaw.pdf-insight into his actions. This meant that Pupil A was required to give evidence again and ./Mr_Anthony_Shaw.pdf-recount the behaviour to which she had been subject to yet again”. In my judgement, the ./Mr_Anthony_Shaw.pdf-lack of insight means that there is some risk of the repetition of this behaviour. I have ./Mr_Anthony_Shaw.pdf-therefore given this element considerable weight in reaching my decision. ./Mr_Anthony_Shaw.pdf- ./Mr_Anthony_Shaw.pdf-I have gone on to consider the extent to which a prohibition order would maintain public ./Mr_Anthony_Shaw.pdf-confidence in the profession. The panel reported, “The findings of misconduct were of a ./Mr_Anthony_Shaw.pdf-serious nature, and the conduct displayed would be likely to have a negative impact on ./Mr_Anthony_Shaw.pdf-the individual’s status as a teacher, potentially damaging the public perception. In the ./Mr_Anthony_Shaw.pdf-panel’s mind, Mr Shaw had clearly fallen short of the standards expected of him and had ./Mr_Anthony_Shaw.pdf:not acted as a role model”. I am particularly mindful of the finding of conduct of a sexual ./Mr_Anthony_Shaw.pdf-nature with a pupil in this case and the impact that such a finding has on the reputation of ./Mr_Anthony_Shaw.pdf-the profession. ./Mr_Anthony_Shaw.pdf- ./Mr_Anthony_Shaw.pdf-I have had to consider that the public has a high expectation of professional standards of ./Mr_Anthony_Shaw.pdf-all teachers and that the public might regard a failure to impose a prohibition order as a ./Mr_Anthony_Shaw.pdf-failure to uphold those high standards. In weighing these considerations, I have had to ./Mr_Anthony_Shaw.pdf-consider the matter from the point of view of an “ordinary intelligent and well-informed ./Mr_Anthony_Shaw.pdf-citizen.” ./Mr_Anthony_Shaw.pdf- ./Mr_Anthony_Shaw.pdf-I have considered whether the publication of a finding of unacceptable professional -- ./Mr_Anthony_Shaw.pdf:the panel considered that he had displayed behaviours associated with sexual activity, ./Mr_Anthony_Shaw.pdf-given the video(s) he sent to Pupil A and the nature of the messages that he sent her. ./Mr_Anthony_Shaw.pdf-The panel felt strongly about the allegations in this matter and, whilst it had not been ./Mr_Anthony_Shaw.pdf-asked to consider this, it felt that Mr Shaw’s behaviour was consistent with that of ./Mr_Anthony_Shaw.pdf-someone attempting to “groom” a young person”. ./Mr_Anthony_Shaw.pdf- ./Mr_Anthony_Shaw.pdf-I have given less weight in my consideration of sanction therefore, to the contribution that ./Mr_Anthony_Shaw.pdf-Mr Shaw has made to the profession. In my view, it is necessary to impose a prohibition ./Mr_Anthony_Shaw.pdf-order in order to maintain public confidence in the profession. A published decision, in ./Mr_Anthony_Shaw.pdf-light of the circumstances in this case, does not in my view satisfy the public interest ./Mr_Anthony_Shaw.pdf-requirement concerning public confidence in the profession. ./Mr_Anthony_Shaw.pdf- ./Mr_Anthony_Shaw.pdf-For these reasons, I have concluded that a prohibition order is proportionate and in the ./Mr_Anthony_Shaw.pdf-public interest in order to achieve the intended aims of a prohibition order. ./Mr_Anthony_Shaw.pdf- ./Mr_Anthony_Shaw.pdf-I have gone on to consider the matter of a review period. In this case, the panel has ./Mr_Anthony_Shaw.pdf-recommended a 5 year review period. ./Mr_Anthony_Shaw.pdf- ./Mr_Anthony_Shaw.pdf-I have considered the panel’s comments “The panel considered this, however it ./Mr_Anthony_Shaw.pdf:ultimately concluded that whilst there was sexual misconduct present in this matter, it ./Mr_Anthony_Shaw.pdf-was not at the most serious end of the spectrum. The fact that there was no physical ./Mr_Anthony_Shaw.pdf-contact was a significant factor in the panel reaching this conclusion. In addition, without ./Mr_Anthony_Shaw.pdf-wishing to minimise the impact on Pupil A, it did not appear that Pupil A had been ./Mr_Anthony_Shaw.pdf-seriously harmed by the conduct that took place and no evidence was presented to ./Mr_Anthony_Shaw.pdf-suggest it had continued to have a particularly negative impact on her life. The panel was ./Mr_Anthony_Shaw.pdf-of the view that this decision may allow Mr Shaw to reflect on his actions and take steps ./Mr_Anthony_Shaw.pdf-to remediate his behaviour and demonstrate insight in due course”. ./Mr_Anthony_Shaw.pdf- ./Mr_Anthony_Shaw.pdf-I have considered whether a 5 year review period reflects the seriousness of the findings ./Mr_Anthony_Shaw.pdf-and is a proportionate period to achieve the aim of maintaining public confidence in the ./Mr_Anthony_Shaw.pdf-profession. In this case, a number of factors mean that a 2 year review period is not ./Mr_Anthony_Shaw.pdf-sufficient to achieve the aim of maintaining public confidence in the profession. These ./Mr_Anthony_Shaw.pdf:elements are the nature of the sexual misconduct and the lack of evidence of either ./Mr_Anthony_Shaw.pdf-insight or remorse. ./Mr_Anthony_Shaw.pdf- ./Mr_Anthony_Shaw.pdf-In reaching my decision regarding a review period and taking into account, that the panel ./Mr_Anthony_Shaw.pdf:considered Mr Shaw’s conduct was done either in pursuit of sexual gratification or in ./Mr_Anthony_Shaw.pdf:pursuit of a sexual relationship and the fact that Mr Shaw had sent one or more sexually ./Mr_Anthony_Shaw.pdf:explicit videos to Pupil A and made sexual innuendos. There was a lack of evidence to ./Mr_Anthony_Shaw.pdf-demonstrate insight or remorse to prevent behaviour of this type recurring in the future ./Mr_Anthony_Shaw.pdf-and no evidence as to Mr Shaw’s ability and history as a teacher. I feel that the panel ./Mr_Anthony_Shaw.pdf-have given too much weight to the fact that there was no physical contact with the pupil. ./Mr_Anthony_Shaw.pdf- ./Mr_Anthony_Shaw.pdf- ./Mr_Anthony_Shaw.pdf- ./Mr_Anthony_Shaw.pdf- ./Mr_Anthony_Shaw.pdf- 16 ./Mr_Anthony_Shaw.pdf- ./Mr_Anu_Tester_-_Professional_conduct_panel_meeting_outcome.pdf- e) He texted Pupil A; ./Mr_Anu_Tester_-_Professional_conduct_panel_meeting_outcome.pdf- ./Mr_Anu_Tester_-_Professional_conduct_panel_meeting_outcome.pdf- f) He emailed Pupil A; and ./Mr_Anu_Tester_-_Professional_conduct_panel_meeting_outcome.pdf- ./Mr_Anu_Tester_-_Professional_conduct_panel_meeting_outcome.pdf- g) He corresponded with Pupil A on social media. ./Mr_Anu_Tester_-_Professional_conduct_panel_meeting_outcome.pdf- ./Mr_Anu_Tester_-_Professional_conduct_panel_meeting_outcome.pdf- 2. He engaged in inappropriate physical contact with Pupil A including by: ./Mr_Anu_Tester_-_Professional_conduct_panel_meeting_outcome.pdf- ./Mr_Anu_Tester_-_Professional_conduct_panel_meeting_outcome.pdf- a) Kissing Pupil A; and ./Mr_Anu_Tester_-_Professional_conduct_panel_meeting_outcome.pdf- ./Mr_Anu_Tester_-_Professional_conduct_panel_meeting_outcome.pdf: b) Making sexual contact with Pupil A. ./Mr_Anu_Tester_-_Professional_conduct_panel_meeting_outcome.pdf- ./Mr_Anu_Tester_-_Professional_conduct_panel_meeting_outcome.pdf: 3. His behaviour as may be found proven at 2 above was conduct of a sexual ./Mr_Anu_Tester_-_Professional_conduct_panel_meeting_outcome.pdf: nature and/or was sexually motivated. ./Mr_Anu_Tester_-_Professional_conduct_panel_meeting_outcome.pdf- ./Mr_Anu_Tester_-_Professional_conduct_panel_meeting_outcome.pdf- 4. He withheld information from his colleagues about his social arrangements ./Mr_Anu_Tester_-_Professional_conduct_panel_meeting_outcome.pdf- regarding conduct at 1(c) and 1(d) on 15 August 2019 in order to avoid detection. ./Mr_Anu_Tester_-_Professional_conduct_panel_meeting_outcome.pdf- ./Mr_Anu_Tester_-_Professional_conduct_panel_meeting_outcome.pdf- 5. His conduct as may be found proven at 4 above lacked integrity and/or was ./Mr_Anu_Tester_-_Professional_conduct_panel_meeting_outcome.pdf- dishonest. ./Mr_Anu_Tester_-_Professional_conduct_panel_meeting_outcome.pdf- ./Mr_Anu_Tester_-_Professional_conduct_panel_meeting_outcome.pdf- 6. He failed to take appropriate action and/or ensure appropriate action was taken ./Mr_Anu_Tester_-_Professional_conduct_panel_meeting_outcome.pdf- to safeguard Pupil A in or around the summer term 2019, despite being aware that ./Mr_Anu_Tester_-_Professional_conduct_panel_meeting_outcome.pdf- Pupil A was attracted to him. -- ./Mr_Anu_Tester_-_Professional_conduct_panel_meeting_outcome.pdf-correspondence. ./Mr_Anu_Tester_-_Professional_conduct_panel_meeting_outcome.pdf- ./Mr_Anu_Tester_-_Professional_conduct_panel_meeting_outcome.pdf-Mr Tester accepts that, in order to avoid detection in terms of his communicating with ./Mr_Anu_Tester_-_Professional_conduct_panel_meeting_outcome.pdf-Pupil A via email, he applied a security setting to one email in August 2019. This had the ./Mr_Anu_Tester_-_Professional_conduct_panel_meeting_outcome.pdf-effect that the email: ./Mr_Anu_Tester_-_Professional_conduct_panel_meeting_outcome.pdf- ./Mr_Anu_Tester_-_Professional_conduct_panel_meeting_outcome.pdf- • was prevented from being forwarded onto other addressees; and ./Mr_Anu_Tester_-_Professional_conduct_panel_meeting_outcome.pdf- • would expire within a week of being sent. ./Mr_Anu_Tester_-_Professional_conduct_panel_meeting_outcome.pdf- ./Mr_Anu_Tester_-_Professional_conduct_panel_meeting_outcome.pdf-Mr Tester accepts that this was an attempt, on his part, to disguise the inappropriateness ./Mr_Anu_Tester_-_Professional_conduct_panel_meeting_outcome.pdf:of the email, the relationship that had emerged between him and Pupil A and his sexual ./Mr_Anu_Tester_-_Professional_conduct_panel_meeting_outcome.pdf-contact with her. ./Mr_Anu_Tester_-_Professional_conduct_panel_meeting_outcome.pdf- ./Mr_Anu_Tester_-_Professional_conduct_panel_meeting_outcome.pdf-The panel considered that the circumstances of this contact was highly inappropriate and ./Mr_Anu_Tester_-_Professional_conduct_panel_meeting_outcome.pdf-went beyond what was acceptable as regards communications between a teacher and a ./Mr_Anu_Tester_-_Professional_conduct_panel_meeting_outcome.pdf-pupil. ./Mr_Anu_Tester_-_Professional_conduct_panel_meeting_outcome.pdf- ./Mr_Anu_Tester_-_Professional_conduct_panel_meeting_outcome.pdf-The panel concluded that the evidence before it, included some of the messages that ./Mr_Anu_Tester_-_Professional_conduct_panel_meeting_outcome.pdf-were exchanged, was consistent with Mr Tester's admissions and found the facts of ./Mr_Anu_Tester_-_Professional_conduct_panel_meeting_outcome.pdf-allegations 1(e) and 1(f) proved. ./Mr_Anu_Tester_-_Professional_conduct_panel_meeting_outcome.pdf- -- ./Mr_Anu_Tester_-_Professional_conduct_panel_meeting_outcome.pdf-boundaries to become blurred. ./Mr_Anu_Tester_-_Professional_conduct_panel_meeting_outcome.pdf- ./Mr_Anu_Tester_-_Professional_conduct_panel_meeting_outcome.pdf-Whilst no copies of any of the actual messages exchanged were included in evidence, Mr ./Mr_Anu_Tester_-_Professional_conduct_panel_meeting_outcome.pdf-Tester had never disputed acting in this manner. His admissions were clear and ./Mr_Anu_Tester_-_Professional_conduct_panel_meeting_outcome.pdf-unequivocal. The panel therefore found the facts of allegation 1(g) proved. ./Mr_Anu_Tester_-_Professional_conduct_panel_meeting_outcome.pdf- ./Mr_Anu_Tester_-_Professional_conduct_panel_meeting_outcome.pdf- 2. You engaged in inappropriate physical contact with Pupil A including by:- ./Mr_Anu_Tester_-_Professional_conduct_panel_meeting_outcome.pdf- ./Mr_Anu_Tester_-_Professional_conduct_panel_meeting_outcome.pdf- a) Kissing Pupil A; and ./Mr_Anu_Tester_-_Professional_conduct_panel_meeting_outcome.pdf- ./Mr_Anu_Tester_-_Professional_conduct_panel_meeting_outcome.pdf: b) Making sexual contact with Pupil A. ./Mr_Anu_Tester_-_Professional_conduct_panel_meeting_outcome.pdf- ./Mr_Anu_Tester_-_Professional_conduct_panel_meeting_outcome.pdf-The panel considered allegations 2(a) and 2(b) together. ./Mr_Anu_Tester_-_Professional_conduct_panel_meeting_outcome.pdf- ./Mr_Anu_Tester_-_Professional_conduct_panel_meeting_outcome.pdf-The following matters were admitted by Mr Tester: ./Mr_Anu_Tester_-_Professional_conduct_panel_meeting_outcome.pdf- ./Mr_Anu_Tester_-_Professional_conduct_panel_meeting_outcome.pdf- • He engaged in inappropriate physical contact with Pupil A. ./Mr_Anu_Tester_-_Professional_conduct_panel_meeting_outcome.pdf- ./Mr_Anu_Tester_-_Professional_conduct_panel_meeting_outcome.pdf- • Whilst in Bristol with Pupil A on 15 August 2019, Mr Tester kissed Pupil A. ./Mr_Anu_Tester_-_Professional_conduct_panel_meeting_outcome.pdf- ./Mr_Anu_Tester_-_Professional_conduct_panel_meeting_outcome.pdf- • Over the course of that evening and night, Mr Tester engaged in a series of kisses ./Mr_Anu_Tester_-_Professional_conduct_panel_meeting_outcome.pdf: and prolonged kissing with Pupil A that were sexual and intimate in nature. ./Mr_Anu_Tester_-_Professional_conduct_panel_meeting_outcome.pdf- ./Mr_Anu_Tester_-_Professional_conduct_panel_meeting_outcome.pdf- • Mr Tester admits that he and Pupil A attended a hotel while in Bristol for the ./Mr_Anu_Tester_-_Professional_conduct_panel_meeting_outcome.pdf: purpose of sexual activity. ./Mr_Anu_Tester_-_Professional_conduct_panel_meeting_outcome.pdf- ./Mr_Anu_Tester_-_Professional_conduct_panel_meeting_outcome.pdf: • While in the hotel he engaged in sexual activity with Pupil A, including ‘grinding’ ./Mr_Anu_Tester_-_Professional_conduct_panel_meeting_outcome.pdf- [REDACTED] against Pupil A’s [REDACTED] area whilst clothed and touching ./Mr_Anu_Tester_-_Professional_conduct_panel_meeting_outcome.pdf- Pupil A’s [REDACTED] with his hand under her [REDACTED]. Mr Tester also said ./Mr_Anu_Tester_-_Professional_conduct_panel_meeting_outcome.pdf- to Pupil A that he [REDACTED]. ./Mr_Anu_Tester_-_Professional_conduct_panel_meeting_outcome.pdf- ./Mr_Anu_Tester_-_Professional_conduct_panel_meeting_outcome.pdf- • Mr Tester shared a bed with Pupil A on the evening of 15 August 2019 at the ./Mr_Anu_Tester_-_Professional_conduct_panel_meeting_outcome.pdf- hotel. ./Mr_Anu_Tester_-_Professional_conduct_panel_meeting_outcome.pdf- ./Mr_Anu_Tester_-_Professional_conduct_panel_meeting_outcome.pdf- • On the morning of 16 August 2019, Mr Tester invited Pupil A to share a shower ./Mr_Anu_Tester_-_Professional_conduct_panel_meeting_outcome.pdf- with him. ./Mr_Anu_Tester_-_Professional_conduct_panel_meeting_outcome.pdf- -- ./Mr_Anu_Tester_-_Professional_conduct_panel_meeting_outcome.pdf- • Mr Tester was romantically attracted to Pupil A. ./Mr_Anu_Tester_-_Professional_conduct_panel_meeting_outcome.pdf- ./Mr_Anu_Tester_-_Professional_conduct_panel_meeting_outcome.pdf-The panel concluded that the fact that this physical contact happened and the ./Mr_Anu_Tester_-_Professional_conduct_panel_meeting_outcome.pdf:relationship became sexual so soon after the end of the summer term, whether or not ./Mr_Anu_Tester_-_Professional_conduct_panel_meeting_outcome.pdf-Pupil A had formally come off the School's roll, was such that it was certainly ./Mr_Anu_Tester_-_Professional_conduct_panel_meeting_outcome.pdf-inappropriate. ./Mr_Anu_Tester_-_Professional_conduct_panel_meeting_outcome.pdf- ./Mr_Anu_Tester_-_Professional_conduct_panel_meeting_outcome.pdf-The panel therefore concluded that the evidence before it was consistent with Mr Tester's ./Mr_Anu_Tester_-_Professional_conduct_panel_meeting_outcome.pdf-admissions and found the facts of allegations 2(a) and 2(b) proved. ./Mr_Anu_Tester_-_Professional_conduct_panel_meeting_outcome.pdf- ./Mr_Anu_Tester_-_Professional_conduct_panel_meeting_outcome.pdf- 3. Your behaviour as may be found proven at 2 above was conduct of a ./Mr_Anu_Tester_-_Professional_conduct_panel_meeting_outcome.pdf: sexual nature and/or was sexually motivated. ./Mr_Anu_Tester_-_Professional_conduct_panel_meeting_outcome.pdf- ./Mr_Anu_Tester_-_Professional_conduct_panel_meeting_outcome.pdf-Having found the facts of allegations 2(a) and 2(b) proved, the panel went on to ./Mr_Anu_Tester_-_Professional_conduct_panel_meeting_outcome.pdf:determine whether Mr Tester's conduct in relation to those allegations was of a sexual ./Mr_Anu_Tester_-_Professional_conduct_panel_meeting_outcome.pdf:nature and/or was sexually motivated. ./Mr_Anu_Tester_-_Professional_conduct_panel_meeting_outcome.pdf- ./Mr_Anu_Tester_-_Professional_conduct_panel_meeting_outcome.pdf-The panel's findings in relation to these allegations were such that Mr Tester had ./Mr_Anu_Tester_-_Professional_conduct_panel_meeting_outcome.pdf:engaged in sexual acts with Pupil A. This was, unarguably, conduct of a sexual nature, ./Mr_Anu_Tester_-_Professional_conduct_panel_meeting_outcome.pdf-which was readily accepted by Mr Tester. ./Mr_Anu_Tester_-_Professional_conduct_panel_meeting_outcome.pdf- ./Mr_Anu_Tester_-_Professional_conduct_panel_meeting_outcome.pdf:The only appropriate inference to draw was that Mr Tester was sexually motivated, which ./Mr_Anu_Tester_-_Professional_conduct_panel_meeting_outcome.pdf-he admitted. ./Mr_Anu_Tester_-_Professional_conduct_panel_meeting_outcome.pdf- ./Mr_Anu_Tester_-_Professional_conduct_panel_meeting_outcome.pdf-The panel was satisfied, based on his admissions, that Mr Tester had a romantic interest ./Mr_Anu_Tester_-_Professional_conduct_panel_meeting_outcome.pdf-in Pupil A and this was the motivation behind his actions. It concluded that the ./Mr_Anu_Tester_-_Professional_conduct_panel_meeting_outcome.pdf-reasonable and common sense inference to draw was that Mr Tester was, by his actions, ./Mr_Anu_Tester_-_Professional_conduct_panel_meeting_outcome.pdf:motivated by a desire to pursue a sexual relationship, as in fact happened to at least ./Mr_Anu_Tester_-_Professional_conduct_panel_meeting_outcome.pdf:some extent. The panel was also satisfied that Mr Tester was sexually motivated in that ./Mr_Anu_Tester_-_Professional_conduct_panel_meeting_outcome.pdf:he derived sexual gratification from his behaviour. ./Mr_Anu_Tester_-_Professional_conduct_panel_meeting_outcome.pdf- ./Mr_Anu_Tester_-_Professional_conduct_panel_meeting_outcome.pdf-Mr Tester also accepts that there was an inherent power imbalance in his actions and ./Mr_Anu_Tester_-_Professional_conduct_panel_meeting_outcome.pdf-conduct, which arose from his professional role as a teacher. He accepts that he abused ./Mr_Anu_Tester_-_Professional_conduct_panel_meeting_outcome.pdf-his position of trust and that Pupil A may not have been able to appreciate the power ./Mr_Anu_Tester_-_Professional_conduct_panel_meeting_outcome.pdf-imbalance which existed between them. ./Mr_Anu_Tester_-_Professional_conduct_panel_meeting_outcome.pdf- ./Mr_Anu_Tester_-_Professional_conduct_panel_meeting_outcome.pdf-On that basis and for the above reasons, the panel finds allegation 3 proved. ./Mr_Anu_Tester_-_Professional_conduct_panel_meeting_outcome.pdf- ./Mr_Anu_Tester_-_Professional_conduct_panel_meeting_outcome.pdf- 4. You withheld information from your colleagues about your social ./Mr_Anu_Tester_-_Professional_conduct_panel_meeting_outcome.pdf- arrangements regarding conduct at 1(c) and 1(d) on 15 August 2019 in order -- ./Mr_Anu_Tester_-_Professional_conduct_panel_meeting_outcome.pdf- ./Mr_Anu_Tester_-_Professional_conduct_panel_meeting_outcome.pdf-The panel also considered whether Mr Tester's conduct displayed behaviours associated ./Mr_Anu_Tester_-_Professional_conduct_panel_meeting_outcome.pdf-with any of the offences listed on pages 10 and 11 of the Advice. ./Mr_Anu_Tester_-_Professional_conduct_panel_meeting_outcome.pdf- ./Mr_Anu_Tester_-_Professional_conduct_panel_meeting_outcome.pdf-The Advice indicates that where behaviours associated with such an offence exist, a ./Mr_Anu_Tester_-_Professional_conduct_panel_meeting_outcome.pdf-panel is likely to conclude that an individual’s conduct would amount to unacceptable ./Mr_Anu_Tester_-_Professional_conduct_panel_meeting_outcome.pdf-professional conduct. ./Mr_Anu_Tester_-_Professional_conduct_panel_meeting_outcome.pdf- ./Mr_Anu_Tester_-_Professional_conduct_panel_meeting_outcome.pdf-The panel found that none of these offences were strictly relevant, though the panel had ./Mr_Anu_Tester_-_Professional_conduct_panel_meeting_outcome.pdf-firmly in mind that the behaviours found proven included dishonesty, which was certainly ./Mr_Anu_Tester_-_Professional_conduct_panel_meeting_outcome.pdf:serious on the basis of the panel's findings, and sexual activity. ./Mr_Anu_Tester_-_Professional_conduct_panel_meeting_outcome.pdf- ./Mr_Anu_Tester_-_Professional_conduct_panel_meeting_outcome.pdf-In relation to the conduct found proved in allegations 1, 2, 3 and 6, Mr Tester was in a ./Mr_Anu_Tester_-_Professional_conduct_panel_meeting_outcome.pdf-position of responsibility and trust. He was a role model and a professional. He had a ./Mr_Anu_Tester_-_Professional_conduct_panel_meeting_outcome.pdf-duty to adhere to safeguarding requirements. He also had an obligation to treat pupils ./Mr_Anu_Tester_-_Professional_conduct_panel_meeting_outcome.pdf-with dignity, to build relationships rooted in mutual respect and at all times to observe ./Mr_Anu_Tester_-_Professional_conduct_panel_meeting_outcome.pdf-proper boundaries appropriate to his professional position. ./Mr_Anu_Tester_-_Professional_conduct_panel_meeting_outcome.pdf- ./Mr_Anu_Tester_-_Professional_conduct_panel_meeting_outcome.pdf-Mr Tester's conduct fell very far below what was expected of him in this regard. In the ./Mr_Anu_Tester_-_Professional_conduct_panel_meeting_outcome.pdf:panel's view, no education professional should engage in a sexual relationship with a ./Mr_Anu_Tester_-_Professional_conduct_panel_meeting_outcome.pdf-pupil in this manner, whether or not this took place at the end of the school year. ./Mr_Anu_Tester_-_Professional_conduct_panel_meeting_outcome.pdf- ./Mr_Anu_Tester_-_Professional_conduct_panel_meeting_outcome.pdf-Various actions on the part of Mr Tester took place directly within the education setting, in ./Mr_Anu_Tester_-_Professional_conduct_panel_meeting_outcome.pdf-terms of his communications with Pupil A and Mr Tester's behaviour in relation to his ./Mr_Anu_Tester_-_Professional_conduct_panel_meeting_outcome.pdf-colleagues and safeguarding matters. Insofar as some aspects of Mr Tester's behaviour ./Mr_Anu_Tester_-_Professional_conduct_panel_meeting_outcome.pdf-took place away from the school environment, and therefore not strictly within the ./Mr_Anu_Tester_-_Professional_conduct_panel_meeting_outcome.pdf-education setting, it still occurred within the dynamics of a teacher/pupil relationship. ./Mr_Anu_Tester_-_Professional_conduct_panel_meeting_outcome.pdf- ./Mr_Anu_Tester_-_Professional_conduct_panel_meeting_outcome.pdf-Mr Tester accepts that there was an inherent power imbalance in his actions and ./Mr_Anu_Tester_-_Professional_conduct_panel_meeting_outcome.pdf-conduct, which arose from his professional role as a teacher. He accepts that he abused -- ./Mr_Anu_Tester_-_Professional_conduct_panel_meeting_outcome.pdf-The panel had regard to the particular public interest considerations set out in the Advice ./Mr_Anu_Tester_-_Professional_conduct_panel_meeting_outcome.pdf-and, having done so, found a number of them to be relevant in this case, namely the ./Mr_Anu_Tester_-_Professional_conduct_panel_meeting_outcome.pdf-protection of pupils and other members of the public, the maintenance of public ./Mr_Anu_Tester_-_Professional_conduct_panel_meeting_outcome.pdf-confidence in the profession and declaring and upholding proper standards of conduct. ./Mr_Anu_Tester_-_Professional_conduct_panel_meeting_outcome.pdf- ./Mr_Anu_Tester_-_Professional_conduct_panel_meeting_outcome.pdf-In the light of the panel’s findings against Mr Tester, which involved a failure to maintain ./Mr_Anu_Tester_-_Professional_conduct_panel_meeting_outcome.pdf:professional boundaries, a lack of integrity, dishonesty and conduct of a sexual nature ./Mr_Anu_Tester_-_Professional_conduct_panel_meeting_outcome.pdf-with a pupil, there was a strong public interest consideration in respect of the protection ./Mr_Anu_Tester_-_Professional_conduct_panel_meeting_outcome.pdf-of pupils and other members of the public. ./Mr_Anu_Tester_-_Professional_conduct_panel_meeting_outcome.pdf- ./Mr_Anu_Tester_-_Professional_conduct_panel_meeting_outcome.pdf-Similarly, the panel considered that public confidence in the profession could be seriously ./Mr_Anu_Tester_-_Professional_conduct_panel_meeting_outcome.pdf-weakened if conduct, such as that found against Mr Tester, were not treated with the ./Mr_Anu_Tester_-_Professional_conduct_panel_meeting_outcome.pdf-utmost seriousness when regulating the conduct of the profession. The public, rightly, ./Mr_Anu_Tester_-_Professional_conduct_panel_meeting_outcome.pdf-expect teachers to maintain appropriate, professional relationships with pupils and to ./Mr_Anu_Tester_-_Professional_conduct_panel_meeting_outcome.pdf-behave with honesty and integrity at all times. These are fundamental tenets of the ./Mr_Anu_Tester_-_Professional_conduct_panel_meeting_outcome.pdf-profession. In that context, the panel considered Mr Tester's actions damaged public ./Mr_Anu_Tester_-_Professional_conduct_panel_meeting_outcome.pdf-confidence in him, as a professional, and the profession as a whole. -- ./Mr_Anu_Tester_-_Professional_conduct_panel_meeting_outcome.pdf- Teachers’ Standards; ./Mr_Anu_Tester_-_Professional_conduct_panel_meeting_outcome.pdf- ./Mr_Anu_Tester_-_Professional_conduct_panel_meeting_outcome.pdf-  misconduct seriously affecting the well-being of pupils; ./Mr_Anu_Tester_-_Professional_conduct_panel_meeting_outcome.pdf- ./Mr_Anu_Tester_-_Professional_conduct_panel_meeting_outcome.pdf-  abuse of position or trust (particularly involving vulnerable pupils) or violation of the ./Mr_Anu_Tester_-_Professional_conduct_panel_meeting_outcome.pdf- rights of pupils; ./Mr_Anu_Tester_-_Professional_conduct_panel_meeting_outcome.pdf- ./Mr_Anu_Tester_-_Professional_conduct_panel_meeting_outcome.pdf-  dishonesty especially where there have been serious consequences, and/or it has ./Mr_Anu_Tester_-_Professional_conduct_panel_meeting_outcome.pdf- been repeated and/or covered up; ./Mr_Anu_Tester_-_Professional_conduct_panel_meeting_outcome.pdf- ./Mr_Anu_Tester_-_Professional_conduct_panel_meeting_outcome.pdf:  sexual misconduct, for example, involving actions that were sexually motivated or ./Mr_Anu_Tester_-_Professional_conduct_panel_meeting_outcome.pdf: of a sexual nature and/or that use or exploit the trust, knowledge or influence ./Mr_Anu_Tester_-_Professional_conduct_panel_meeting_outcome.pdf- derived from the individual’s professional position; ./Mr_Anu_Tester_-_Professional_conduct_panel_meeting_outcome.pdf- ./Mr_Anu_Tester_-_Professional_conduct_panel_meeting_outcome.pdf-Even though some of the behaviour found proved in this case indicated that a prohibition ./Mr_Anu_Tester_-_Professional_conduct_panel_meeting_outcome.pdf-order would be appropriate, the panel went on to consider the mitigating factors. ./Mr_Anu_Tester_-_Professional_conduct_panel_meeting_outcome.pdf-Mitigating factors may indicate that a prohibition order would not be appropriate or ./Mr_Anu_Tester_-_Professional_conduct_panel_meeting_outcome.pdf-proportionate. ./Mr_Anu_Tester_-_Professional_conduct_panel_meeting_outcome.pdf- ./Mr_Anu_Tester_-_Professional_conduct_panel_meeting_outcome.pdf-The panel considered the following mitigating factors were present in this case: ./Mr_Anu_Tester_-_Professional_conduct_panel_meeting_outcome.pdf- ./Mr_Anu_Tester_-_Professional_conduct_panel_meeting_outcome.pdf- • Mr Tester was an experienced teacher and was understood to have an otherwise -- ./Mr_Anu_Tester_-_Professional_conduct_panel_meeting_outcome.pdf- • He was an experienced teacher who, on his account, had previously made ./Mr_Anu_Tester_-_Professional_conduct_panel_meeting_outcome.pdf- safeguarding disclosures. As such, he ought to have known what was required of ./Mr_Anu_Tester_-_Professional_conduct_panel_meeting_outcome.pdf- him in terms of his duties and responsibilities. ./Mr_Anu_Tester_-_Professional_conduct_panel_meeting_outcome.pdf- ./Mr_Anu_Tester_-_Professional_conduct_panel_meeting_outcome.pdf- • He had an obligation to act as a role model to pupils and colleagues and he failed ./Mr_Anu_Tester_-_Professional_conduct_panel_meeting_outcome.pdf- in his duties in that regard. ./Mr_Anu_Tester_-_Professional_conduct_panel_meeting_outcome.pdf- ./Mr_Anu_Tester_-_Professional_conduct_panel_meeting_outcome.pdf- • Mr Tester's actions amounted to a clear breach of the Teachers' Standards. ./Mr_Anu_Tester_-_Professional_conduct_panel_meeting_outcome.pdf- ./Mr_Anu_Tester_-_Professional_conduct_panel_meeting_outcome.pdf: • Mr Tester had engaged in conduct of a sexual nature with Pupil A. ./Mr_Anu_Tester_-_Professional_conduct_panel_meeting_outcome.pdf- ./Mr_Anu_Tester_-_Professional_conduct_panel_meeting_outcome.pdf- • He had behaved dishonestly and without integrity. ./Mr_Anu_Tester_-_Professional_conduct_panel_meeting_outcome.pdf- ./Mr_Anu_Tester_-_Professional_conduct_panel_meeting_outcome.pdf- • Mr Tester had showed only limited insight. For example, there was no reference to ./Mr_Anu_Tester_-_Professional_conduct_panel_meeting_outcome.pdf- what lessons he had learnt and what he would do differently. ./Mr_Anu_Tester_-_Professional_conduct_panel_meeting_outcome.pdf- ./Mr_Anu_Tester_-_Professional_conduct_panel_meeting_outcome.pdf- • There was limited evidence of regret or remorse, including in relation to the impact ./Mr_Anu_Tester_-_Professional_conduct_panel_meeting_outcome.pdf- on Pupil A. Rather, the focus of his various assertions was, principally, upon ./Mr_Anu_Tester_-_Professional_conduct_panel_meeting_outcome.pdf- himself and his personal circumstances at the time. ./Mr_Anu_Tester_-_Professional_conduct_panel_meeting_outcome.pdf- -- ./Mr_Anu_Tester_-_Professional_conduct_panel_meeting_outcome.pdf-of the consequences for Mr Tester of prohibition. ./Mr_Anu_Tester_-_Professional_conduct_panel_meeting_outcome.pdf- ./Mr_Anu_Tester_-_Professional_conduct_panel_meeting_outcome.pdf-The panel was of the view that prohibition was both proportionate and appropriate. ./Mr_Anu_Tester_-_Professional_conduct_panel_meeting_outcome.pdf- ./Mr_Anu_Tester_-_Professional_conduct_panel_meeting_outcome.pdf-The panel decided that the public interest considerations present, as identified above, ./Mr_Anu_Tester_-_Professional_conduct_panel_meeting_outcome.pdf-were particularly strong and outweighed the interests of Mr Tester. ./Mr_Anu_Tester_-_Professional_conduct_panel_meeting_outcome.pdf- ./Mr_Anu_Tester_-_Professional_conduct_panel_meeting_outcome.pdf-The seriousness and nature of the conduct found proven was a significant factor in ./Mr_Anu_Tester_-_Professional_conduct_panel_meeting_outcome.pdf-forming that opinion. The panel's findings were such that Mr Tester had acted dishonestly ./Mr_Anu_Tester_-_Professional_conduct_panel_meeting_outcome.pdf-and without integrity. He had failed to maintain professional boundaries with pupils. He ./Mr_Anu_Tester_-_Professional_conduct_panel_meeting_outcome.pdf:had engaged in sexual acts with Pupil A and was sexually motivated. His actions were ./Mr_Anu_Tester_-_Professional_conduct_panel_meeting_outcome.pdf-deliberate and, to some extent, premeditated. With reference to Pupil A, Mr Tester had ./Mr_Anu_Tester_-_Professional_conduct_panel_meeting_outcome.pdf-also abused his position of trust. In the panel's view, in these circumstances the nature ./Mr_Anu_Tester_-_Professional_conduct_panel_meeting_outcome.pdf-and severity of the behaviour was at the serious end of the possible spectrum. ./Mr_Anu_Tester_-_Professional_conduct_panel_meeting_outcome.pdf- ./Mr_Anu_Tester_-_Professional_conduct_panel_meeting_outcome.pdf- 17 ./Mr_Anu_Tester_-_Professional_conduct_panel_meeting_outcome.pdf- -- ./Mr_Anu_Tester_-_Professional_conduct_panel_meeting_outcome.pdf-a review period of the order should be considered. ./Mr_Anu_Tester_-_Professional_conduct_panel_meeting_outcome.pdf- ./Mr_Anu_Tester_-_Professional_conduct_panel_meeting_outcome.pdf-The panel was mindful that the Advice states that a prohibition order applies for life, but ./Mr_Anu_Tester_-_Professional_conduct_panel_meeting_outcome.pdf-there may be circumstances, in any given case, that may make it appropriate to allow a ./Mr_Anu_Tester_-_Professional_conduct_panel_meeting_outcome.pdf-teacher to apply to have the prohibition order reviewed after a specified period of time ./Mr_Anu_Tester_-_Professional_conduct_panel_meeting_outcome.pdf-that may not be less than 2 years. ./Mr_Anu_Tester_-_Professional_conduct_panel_meeting_outcome.pdf- ./Mr_Anu_Tester_-_Professional_conduct_panel_meeting_outcome.pdf-The Advice indicates that there are behaviours that, if proved, would militate against the ./Mr_Anu_Tester_-_Professional_conduct_panel_meeting_outcome.pdf-recommendation of a review period. ./Mr_Anu_Tester_-_Professional_conduct_panel_meeting_outcome.pdf- ./Mr_Anu_Tester_-_Professional_conduct_panel_meeting_outcome.pdf:These behaviours include serious dishonesty and serious sexual misconduct, such as ./Mr_Anu_Tester_-_Professional_conduct_panel_meeting_outcome.pdf:where the act was sexually motivated and resulted in or had the potential to result in, ./Mr_Anu_Tester_-_Professional_conduct_panel_meeting_outcome.pdf-harm to a person or persons, particularly where the individual has used his professional ./Mr_Anu_Tester_-_Professional_conduct_panel_meeting_outcome.pdf-position to influence or exploit a person or persons. ./Mr_Anu_Tester_-_Professional_conduct_panel_meeting_outcome.pdf- ./Mr_Anu_Tester_-_Professional_conduct_panel_meeting_outcome.pdf-Given the panel's findings, it considered that these behaviours were relevant in this case. ./Mr_Anu_Tester_-_Professional_conduct_panel_meeting_outcome.pdf-In the panel's view, the dishonesty found proven was serious given it was deliberate and ./Mr_Anu_Tester_-_Professional_conduct_panel_meeting_outcome.pdf-involved Mr Tester lying to fellow professionals and trying to conceal his actions. It ./Mr_Anu_Tester_-_Professional_conduct_panel_meeting_outcome.pdf-therefore went to the heart of the trust placed in him as a professional. In terms of the ./Mr_Anu_Tester_-_Professional_conduct_panel_meeting_outcome.pdf:sexual misconduct, Mr Tester had also abused his position of trust. Mr Tester's behaviour ./Mr_Anu_Tester_-_Professional_conduct_panel_meeting_outcome.pdf-was extremely concerning and at the serious end of the spectrum. ./Mr_Anu_Tester_-_Professional_conduct_panel_meeting_outcome.pdf- ./Mr_Anu_Tester_-_Professional_conduct_panel_meeting_outcome.pdf-Further, as set out above, Mr Tester had shown very limited insight and little regret or ./Mr_Anu_Tester_-_Professional_conduct_panel_meeting_outcome.pdf-remorse. ./Mr_Anu_Tester_-_Professional_conduct_panel_meeting_outcome.pdf- ./Mr_Anu_Tester_-_Professional_conduct_panel_meeting_outcome.pdf-The panel did have in mind that prohibition orders should not be given in order to be ./Mr_Anu_Tester_-_Professional_conduct_panel_meeting_outcome.pdf-punitive and it took account of the mitigating factors present. ./Mr_Anu_Tester_-_Professional_conduct_panel_meeting_outcome.pdf- ./Mr_Anu_Tester_-_Professional_conduct_panel_meeting_outcome.pdf-However, the panel decided that it would be proportionate, in all the circumstances, for ./Mr_Anu_Tester_-_Professional_conduct_panel_meeting_outcome.pdf-the prohibition order to be recommended without provision for a review period. -- ./Mr_Anu_Tester_-_Professional_conduct_panel_meeting_outcome.pdf- ./Mr_Anu_Tester_-_Professional_conduct_panel_meeting_outcome.pdf- o showing tolerance of and respect for the rights of others ./Mr_Anu_Tester_-_Professional_conduct_panel_meeting_outcome.pdf- ./Mr_Anu_Tester_-_Professional_conduct_panel_meeting_outcome.pdf-  Teachers must have proper and professional regard for the ethos, policies and ./Mr_Anu_Tester_-_Professional_conduct_panel_meeting_outcome.pdf- practices of the school in which they teach. ./Mr_Anu_Tester_-_Professional_conduct_panel_meeting_outcome.pdf- ./Mr_Anu_Tester_-_Professional_conduct_panel_meeting_outcome.pdf-  Teachers must have an understanding of, and always act within, the statutory ./Mr_Anu_Tester_-_Professional_conduct_panel_meeting_outcome.pdf- frameworks which set out their professional duties and responsibilities. ./Mr_Anu_Tester_-_Professional_conduct_panel_meeting_outcome.pdf- ./Mr_Anu_Tester_-_Professional_conduct_panel_meeting_outcome.pdf-The findings of misconduct are particularly serious as they include a finding of both ./Mr_Anu_Tester_-_Professional_conduct_panel_meeting_outcome.pdf:dishonesty and lack of integrity as well as sexual activity and abuse of his position of trust ./Mr_Anu_Tester_-_Professional_conduct_panel_meeting_outcome.pdf-as a teacher. ./Mr_Anu_Tester_-_Professional_conduct_panel_meeting_outcome.pdf- ./Mr_Anu_Tester_-_Professional_conduct_panel_meeting_outcome.pdf-I have to determine whether the imposition of a prohibition order is proportionate and in ./Mr_Anu_Tester_-_Professional_conduct_panel_meeting_outcome.pdf-the public interest. In considering that for this case, I have considered the overall aim of a ./Mr_Anu_Tester_-_Professional_conduct_panel_meeting_outcome.pdf-prohibition order which is to protect pupils and to maintain public confidence in the ./Mr_Anu_Tester_-_Professional_conduct_panel_meeting_outcome.pdf-profession. I have considered the extent to which a prohibition order in this case would ./Mr_Anu_Tester_-_Professional_conduct_panel_meeting_outcome.pdf- ./Mr_Anu_Tester_-_Professional_conduct_panel_meeting_outcome.pdf- 19 ./Mr_Anu_Tester_-_Professional_conduct_panel_meeting_outcome.pdf- -- ./Mr_Anu_Tester_-_Professional_conduct_panel_meeting_outcome.pdf-achieve that aim taking into account the impact that it will have on the individual teacher. ./Mr_Anu_Tester_-_Professional_conduct_panel_meeting_outcome.pdf-I have also asked myself, whether a less intrusive measure, such as the published ./Mr_Anu_Tester_-_Professional_conduct_panel_meeting_outcome.pdf-finding of unacceptable professional conduct and conduct that may bring the profession ./Mr_Anu_Tester_-_Professional_conduct_panel_meeting_outcome.pdf-into disrepute, would itself be sufficient to achieve the overall aim. I have to consider ./Mr_Anu_Tester_-_Professional_conduct_panel_meeting_outcome.pdf-whether the consequences of such a publication are themselves sufficient. I have ./Mr_Anu_Tester_-_Professional_conduct_panel_meeting_outcome.pdf-considered therefore whether or not prohibiting Mr Tester, and the impact that will have ./Mr_Anu_Tester_-_Professional_conduct_panel_meeting_outcome.pdf-on him, is proportionate and in the public interest. ./Mr_Anu_Tester_-_Professional_conduct_panel_meeting_outcome.pdf- ./Mr_Anu_Tester_-_Professional_conduct_panel_meeting_outcome.pdf-In this case, I have considered the extent to which a prohibition order would protect ./Mr_Anu_Tester_-_Professional_conduct_panel_meeting_outcome.pdf-children. The panel has observed that Mr Tester’s behaviour, “involved a failure to ./Mr_Anu_Tester_-_Professional_conduct_panel_meeting_outcome.pdf:maintain professional boundaries, a lack of integrity, dishonesty and conduct of a sexual ./Mr_Anu_Tester_-_Professional_conduct_panel_meeting_outcome.pdf-nature with a pupil”. A prohibition order would therefore prevent such a risk from being ./Mr_Anu_Tester_-_Professional_conduct_panel_meeting_outcome.pdf-present in the future. I have also taken into account the panel’s comments on insight and ./Mr_Anu_Tester_-_Professional_conduct_panel_meeting_outcome.pdf-remorse, which the panel sets out as follows, “Mr Tester's insight into the nature and ./Mr_Anu_Tester_-_Professional_conduct_panel_meeting_outcome.pdf-implications of his actions was very limited. In his various written submissions, Mr ./Mr_Anu_Tester_-_Professional_conduct_panel_meeting_outcome.pdf-Tester's focus was very much on his personal circumstances and he had sought to blame ./Mr_Anu_Tester_-_Professional_conduct_panel_meeting_outcome.pdf-external factors on his actions. He had not, in the panel's view, taken full responsibility for ./Mr_Anu_Tester_-_Professional_conduct_panel_meeting_outcome.pdf-his actions. Whatever was going on in his life at the time, Mr Tester remained ./Mr_Anu_Tester_-_Professional_conduct_panel_meeting_outcome.pdf-responsible for his actions.” ./Mr_Anu_Tester_-_Professional_conduct_panel_meeting_outcome.pdf- ./Mr_Anu_Tester_-_Professional_conduct_panel_meeting_outcome.pdf-The panel also say, “There was also limited evidence as to what Mr Tester has done in -- ./Mr_Anu_Tester_-_Professional_conduct_panel_meeting_outcome.pdf-not in my view satisfy the public interest requirement concerning public confidence in the ./Mr_Anu_Tester_-_Professional_conduct_panel_meeting_outcome.pdf-profession. ./Mr_Anu_Tester_-_Professional_conduct_panel_meeting_outcome.pdf- ./Mr_Anu_Tester_-_Professional_conduct_panel_meeting_outcome.pdf-For these reasons, I have concluded that a prohibition order is proportionate and in the ./Mr_Anu_Tester_-_Professional_conduct_panel_meeting_outcome.pdf-public interest in order to achieve the intended aims of a prohibition order. ./Mr_Anu_Tester_-_Professional_conduct_panel_meeting_outcome.pdf- ./Mr_Anu_Tester_-_Professional_conduct_panel_meeting_outcome.pdf-I have gone on to consider the matter of a review period. In this case, the panel has ./Mr_Anu_Tester_-_Professional_conduct_panel_meeting_outcome.pdf-recommended that no provision should be made for a review period. ./Mr_Anu_Tester_-_Professional_conduct_panel_meeting_outcome.pdf- ./Mr_Anu_Tester_-_Professional_conduct_panel_meeting_outcome.pdf-The panel say, “Mr Tester had acted dishonestly and without integrity. He had failed to ./Mr_Anu_Tester_-_Professional_conduct_panel_meeting_outcome.pdf:maintain professional boundaries with pupils. He had engaged in sexual acts with Pupil A ./Mr_Anu_Tester_-_Professional_conduct_panel_meeting_outcome.pdf:and was sexually motivated. His actions were deliberate and, to some extent, ./Mr_Anu_Tester_-_Professional_conduct_panel_meeting_outcome.pdf-premeditated. With reference to Pupil A, Mr Tester had also abused his position of trust. ./Mr_Anu_Tester_-_Professional_conduct_panel_meeting_outcome.pdf-In the panel's view, in these circumstances the nature and severity of the behaviour was ./Mr_Anu_Tester_-_Professional_conduct_panel_meeting_outcome.pdf-at the serious end of the possible spectrum.” ./Mr_Anu_Tester_-_Professional_conduct_panel_meeting_outcome.pdf- ./Mr_Anu_Tester_-_Professional_conduct_panel_meeting_outcome.pdf-I have also considered the panel’s comments “the dishonesty found proven was serious ./Mr_Anu_Tester_-_Professional_conduct_panel_meeting_outcome.pdf-given it was deliberate and involved Mr Tester lying to fellow professionals and trying to ./Mr_Anu_Tester_-_Professional_conduct_panel_meeting_outcome.pdf-conceal his actions. It therefore went to the heart of the trust placed in him as a ./Mr_Anu_Tester_-_Professional_conduct_panel_meeting_outcome.pdf:professional. In terms of the sexual misconduct, Mr Tester had also abused his position ./Mr_Anu_Tester_-_Professional_conduct_panel_meeting_outcome.pdf-of trust. Mr Tester's behaviour was extremely concerning and at the serious end of the ./Mr_Anu_Tester_-_Professional_conduct_panel_meeting_outcome.pdf-spectrum.” ./Mr_Anu_Tester_-_Professional_conduct_panel_meeting_outcome.pdf- ./Mr_Anu_Tester_-_Professional_conduct_panel_meeting_outcome.pdf- ./Mr_Anu_Tester_-_Professional_conduct_panel_meeting_outcome.pdf- ./Mr_Anu_Tester_-_Professional_conduct_panel_meeting_outcome.pdf- 21 ./Mr_Anu_Tester_-_Professional_conduct_panel_meeting_outcome.pdf- -- ./Mr_Anu_Tester_-_Professional_conduct_panel_meeting_outcome.pdf-I have considered whether allowing for no review reflects the seriousness of the findings ./Mr_Anu_Tester_-_Professional_conduct_panel_meeting_outcome.pdf-and is proportionate to achieve the aim of maintaining public confidence in the ./Mr_Anu_Tester_-_Professional_conduct_panel_meeting_outcome.pdf-profession. In this case, there are factors which mean that allowing for no review is ./Mr_Anu_Tester_-_Professional_conduct_panel_meeting_outcome.pdf-necessary to achieve the aim of maintaining public confidence in the profession. These ./Mr_Anu_Tester_-_Professional_conduct_panel_meeting_outcome.pdf:elements are the finding of dishonesty and lack of integrity, the abuse of trust, the sexual ./Mr_Anu_Tester_-_Professional_conduct_panel_meeting_outcome.pdf-activity and the lack of appropriate remorse or insight. ./Mr_Anu_Tester_-_Professional_conduct_panel_meeting_outcome.pdf- ./Mr_Anu_Tester_-_Professional_conduct_panel_meeting_outcome.pdf-I consider therefore that allowing for no review period is necessary to maintain public ./Mr_Anu_Tester_-_Professional_conduct_panel_meeting_outcome.pdf-confidence and is proportionate and in the public interest. ./Mr_Anu_Tester_-_Professional_conduct_panel_meeting_outcome.pdf- ./Mr_Anu_Tester_-_Professional_conduct_panel_meeting_outcome.pdf-This means that Mr Anu Tester is prohibited from teaching indefinitely and cannot ./Mr_Anu_Tester_-_Professional_conduct_panel_meeting_outcome.pdf-teach in any school, sixth form college, relevant youth accommodation or ./Mr_Anu_Tester_-_Professional_conduct_panel_meeting_outcome.pdf-children’s home in England. Furthermore, in view of the seriousness of the allegations ./Mr_Anu_Tester_-_Professional_conduct_panel_meeting_outcome.pdf-found proved against him, I have decided that Mr Anu Tester shall not be entitled to apply ./Mr_Anu_Tester_-_Professional_conduct_panel_meeting_outcome.pdf-for restoration of his eligibility to teach. ./Mr_Ashley_Bakewell__16019_-_SoS_Decision.pdf-It was alleged that Mr Bakewell was guilty of unacceptable professional conduct and/or ./Mr_Ashley_Bakewell__16019_-_SoS_Decision.pdf-conduct that may bring the profession into disrepute, in that he, during the course of his ./Mr_Ashley_Bakewell__16019_-_SoS_Decision.pdf-employment as a teacher of Computing at South Wiltshire Grammar School for Girls ('the ./Mr_Ashley_Bakewell__16019_-_SoS_Decision.pdf-School'): ./Mr_Ashley_Bakewell__16019_-_SoS_Decision.pdf- ./Mr_Ashley_Bakewell__16019_-_SoS_Decision.pdf- 1. On one or more occasions, including on 16 December 2016, took inappropriate ./Mr_Ashley_Bakewell__16019_-_SoS_Decision.pdf- photos of one or more pupils without their knowledge; ./Mr_Ashley_Bakewell__16019_-_SoS_Decision.pdf- ./Mr_Ashley_Bakewell__16019_-_SoS_Decision.pdf- 2. Stored photos of pupils from the School on one or more personal devices; ./Mr_Ashley_Bakewell__16019_-_SoS_Decision.pdf- ./Mr_Ashley_Bakewell__16019_-_SoS_Decision.pdf: 3. His conduct at (1) above was sexually motivated and/or was of a sexual nature. ./Mr_Ashley_Bakewell__16019_-_SoS_Decision.pdf- ./Mr_Ashley_Bakewell__16019_-_SoS_Decision.pdf-Mr Bakewell had admitted the allegations in full in advance of the meeting by way of a ./Mr_Ashley_Bakewell__16019_-_SoS_Decision.pdf-signed Statement of Agreed Facts dated 25 January 2018 (also signed by the Presenting ./Mr_Ashley_Bakewell__16019_-_SoS_Decision.pdf-Officer on 5 February 2018). In this Statement of Agreed Facts Mr Bakewell also ./Mr_Ashley_Bakewell__16019_-_SoS_Decision.pdf-admitted that they amounted to unacceptable professional conduct and conduct that may ./Mr_Ashley_Bakewell__16019_-_SoS_Decision.pdf-bring the profession into disrepute. ./Mr_Ashley_Bakewell__16019_-_SoS_Decision.pdf- ./Mr_Ashley_Bakewell__16019_-_SoS_Decision.pdf- ./Mr_Ashley_Bakewell__16019_-_SoS_Decision.pdf-C. Preliminary applications ./Mr_Ashley_Bakewell__16019_-_SoS_Decision.pdf-There were no preliminary applications. -- ./Mr_Ashley_Bakewell__16019_-_SoS_Decision.pdf-The panel confirms that it has read all the documents provided in the bundle in advance ./Mr_Ashley_Bakewell__16019_-_SoS_Decision.pdf-of the hearing. ./Mr_Ashley_Bakewell__16019_-_SoS_Decision.pdf- ./Mr_Ashley_Bakewell__16019_-_SoS_Decision.pdf-In advance of the meeting, The National College for Teaching and Leadership (now ./Mr_Ashley_Bakewell__16019_-_SoS_Decision.pdf-Teaching Regulation Agency) agreed to a request from Mr Bakewell that the allegations ./Mr_Ashley_Bakewell__16019_-_SoS_Decision.pdf-be considered without a hearing. The panel has the ability to direct that the case be ./Mr_Ashley_Bakewell__16019_-_SoS_Decision.pdf-considered at a hearing if required in the interests of justice or in the public interest. The ./Mr_Ashley_Bakewell__16019_-_SoS_Decision.pdf-panel did not determine that such a direction is necessary or appropriate in this case. ./Mr_Ashley_Bakewell__16019_-_SoS_Decision.pdf- ./Mr_Ashley_Bakewell__16019_-_SoS_Decision.pdf-This case relates to a teacher who on one or more occasions took inappropriate photos ./Mr_Ashley_Bakewell__16019_-_SoS_Decision.pdf:of pupils at the school at which he worked without their knowledge and through sexual ./Mr_Ashley_Bakewell__16019_-_SoS_Decision.pdf-motivation. He had been employed as a Teacher of Computing at South Wiltshire ./Mr_Ashley_Bakewell__16019_-_SoS_Decision.pdf-Grammar School for Girls (“the School”) since January 2012, until his resignation in ./Mr_Ashley_Bakewell__16019_-_SoS_Decision.pdf-February 2017. ./Mr_Ashley_Bakewell__16019_-_SoS_Decision.pdf- ./Mr_Ashley_Bakewell__16019_-_SoS_Decision.pdf-Findings of fact ./Mr_Ashley_Bakewell__16019_-_SoS_Decision.pdf-Our findings of fact are as follows: ./Mr_Ashley_Bakewell__16019_-_SoS_Decision.pdf- ./Mr_Ashley_Bakewell__16019_-_SoS_Decision.pdf-The panel has found all three of the factual particulars below proved: ./Mr_Ashley_Bakewell__16019_-_SoS_Decision.pdf- ./Mr_Ashley_Bakewell__16019_-_SoS_Decision.pdf-You are guilty of unacceptable professional conduct and/or conduct that may bring ./Mr_Ashley_Bakewell__16019_-_SoS_Decision.pdf-the profession into disrepute in that during the course of your employment as a ./Mr_Ashley_Bakewell__16019_-_SoS_Decision.pdf-Teacher of Computing at South Wiltshire Grammar School for Girls, you: ./Mr_Ashley_Bakewell__16019_-_SoS_Decision.pdf- ./Mr_Ashley_Bakewell__16019_-_SoS_Decision.pdf- 1. On one or more occasions including on 16th December 2016, you took ./Mr_Ashley_Bakewell__16019_-_SoS_Decision.pdf- inappropriate photos of one or more pupils without their knowledge; ./Mr_Ashley_Bakewell__16019_-_SoS_Decision.pdf- ./Mr_Ashley_Bakewell__16019_-_SoS_Decision.pdf- 2. You stored photos of pupils from SWGS on one or more personal devices; ./Mr_Ashley_Bakewell__16019_-_SoS_Decision.pdf- ./Mr_Ashley_Bakewell__16019_-_SoS_Decision.pdf: 3. Your conduct at (1) above was sexually motivated and/or was of a sexual ./Mr_Ashley_Bakewell__16019_-_SoS_Decision.pdf- nature. ./Mr_Ashley_Bakewell__16019_-_SoS_Decision.pdf- ./Mr_Ashley_Bakewell__16019_-_SoS_Decision.pdf- ./Mr_Ashley_Bakewell__16019_-_SoS_Decision.pdf- ./Mr_Ashley_Bakewell__16019_-_SoS_Decision.pdf- ./Mr_Ashley_Bakewell__16019_-_SoS_Decision.pdf- 5 ./Mr_Ashley_Bakewell__16019_-_SoS_Decision.pdf- -- ./Mr_Ashley_Bakewell__16019_-_SoS_Decision.pdf-Mr Bakewell admitted all of the particulars of allegation. These admissions are ./Mr_Ashley_Bakewell__16019_-_SoS_Decision.pdf-unequivocal in that he fully accepts that he took inappropriate photos of pupils without ./Mr_Ashley_Bakewell__16019_-_SoS_Decision.pdf-their knowledge and admits that this was over the period of around a year. He further ./Mr_Ashley_Bakewell__16019_-_SoS_Decision.pdf-accepts that he stored the photos on his personal devices and that he took them out of ./Mr_Ashley_Bakewell__16019_-_SoS_Decision.pdf:sexual motivation, stating in the Statement of Agreed Facts that he was particularly ./Mr_Ashley_Bakewell__16019_-_SoS_Decision.pdf-attracted to the relevant pupils' long hair. He fully accepts that taking and storing such ./Mr_Ashley_Bakewell__16019_-_SoS_Decision.pdf-images was inappropriate. ./Mr_Ashley_Bakewell__16019_-_SoS_Decision.pdf- ./Mr_Ashley_Bakewell__16019_-_SoS_Decision.pdf-The evidence that the panel has read is entirely consistent with the admissions made - ./Mr_Ashley_Bakewell__16019_-_SoS_Decision.pdf-from the accuracy of dates, the lack of knowledge of his actions on the part of the pupils ./Mr_Ashley_Bakewell__16019_-_SoS_Decision.pdf-involved and nature of the images that Mr Bakewell stored on his devices. The panel ./Mr_Ashley_Bakewell__16019_-_SoS_Decision.pdf-have read unequivocal evidence (in the Disciplinary Evidence Report) that numerous ./Mr_Ashley_Bakewell__16019_-_SoS_Decision.pdf-such images were viewed on Mr Bakewell's phone by those investigating this matter at ./Mr_Ashley_Bakewell__16019_-_SoS_Decision.pdf-the School. Mr Bakewell provided consent for the images to be viewed on his personal ./Mr_Ashley_Bakewell__16019_-_SoS_Decision.pdf-device. They were dated 16 December 2016, which was the date that pupils at the -- ./Mr_Ashley_Bakewell__16019_-_SoS_Decision.pdf-given in order to be punitive, or to show that blame has been apportioned, although they ./Mr_Ashley_Bakewell__16019_-_SoS_Decision.pdf-are likely to have punitive effect. ./Mr_Ashley_Bakewell__16019_-_SoS_Decision.pdf- ./Mr_Ashley_Bakewell__16019_-_SoS_Decision.pdf-The panel has considered the particular public interest considerations set out in the ./Mr_Ashley_Bakewell__16019_-_SoS_Decision.pdf-Advice and having done so has found all of them to be relevant in this case, namely: the ./Mr_Ashley_Bakewell__16019_-_SoS_Decision.pdf-protection of pupils; the protection of other members of the public; the maintenance of ./Mr_Ashley_Bakewell__16019_-_SoS_Decision.pdf-public confidence in the profession and the declaring and upholding of proper standards ./Mr_Ashley_Bakewell__16019_-_SoS_Decision.pdf-of conduct in the teaching profession. ./Mr_Ashley_Bakewell__16019_-_SoS_Decision.pdf- ./Mr_Ashley_Bakewell__16019_-_SoS_Decision.pdf:In light of the panel’s findings against Mr Bakewell, which involved sexual misconduct, ./Mr_Ashley_Bakewell__16019_-_SoS_Decision.pdf-there is a strong public interest consideration in this case. ./Mr_Ashley_Bakewell__16019_-_SoS_Decision.pdf- ./Mr_Ashley_Bakewell__16019_-_SoS_Decision.pdf-There is a strong public interest consideration in respect of the protection of pupils given ./Mr_Ashley_Bakewell__16019_-_SoS_Decision.pdf-the serious findings of Mr Bakewell having, without their knowledge, taken and stored ./Mr_Ashley_Bakewell__16019_-_SoS_Decision.pdf-photos of numerous pupils, from behind, on a non-uniform day. Further the panel note Mr ./Mr_Ashley_Bakewell__16019_-_SoS_Decision.pdf-Bakewell's admission that he took and stored photos over a period of around a year. ./Mr_Ashley_Bakewell__16019_-_SoS_Decision.pdf- ./Mr_Ashley_Bakewell__16019_-_SoS_Decision.pdf-Similarly, the panel considers that public confidence in the profession could be seriously ./Mr_Ashley_Bakewell__16019_-_SoS_Decision.pdf-weakened if conduct such as that found against Mr Bakewell were not treated with the ./Mr_Ashley_Bakewell__16019_-_SoS_Decision.pdf-utmost seriousness when regulating the conduct of the profession. -- ./Mr_Ashley_Bakewell__16019_-_SoS_Decision.pdf-In carrying out the balancing exercise the panel has considered the public interest ./Mr_Ashley_Bakewell__16019_-_SoS_Decision.pdf-considerations both in favour of and against prohibition as well as the interests of Mr ./Mr_Ashley_Bakewell__16019_-_SoS_Decision.pdf-Bakewell. The panel took further account of the Advice, which suggests that a prohibition ./Mr_Ashley_Bakewell__16019_-_SoS_Decision.pdf-order may be appropriate if certain behaviours of a teacher have been proven. In the list ./Mr_Ashley_Bakewell__16019_-_SoS_Decision.pdf-of such behaviours, those that are relevant in this case are: ./Mr_Ashley_Bakewell__16019_-_SoS_Decision.pdf- ./Mr_Ashley_Bakewell__16019_-_SoS_Decision.pdf-  serious departure from the personal and professional conduct elements of the ./Mr_Ashley_Bakewell__16019_-_SoS_Decision.pdf- Teachers’ Standards; ./Mr_Ashley_Bakewell__16019_-_SoS_Decision.pdf-  abuse of position or trust or violation of the rights of pupils (for example, their ./Mr_Ashley_Bakewell__16019_-_SoS_Decision.pdf- privacy); ./Mr_Ashley_Bakewell__16019_-_SoS_Decision.pdf:  sexual misconduct, e.g. actions that were sexually motivated, of a sexual nature ./Mr_Ashley_Bakewell__16019_-_SoS_Decision.pdf- and exploit the trust derived from the individual’s professional position; ./Mr_Ashley_Bakewell__16019_-_SoS_Decision.pdf-Even though there were behaviours that would point to a prohibition order being ./Mr_Ashley_Bakewell__16019_-_SoS_Decision.pdf-appropriate, the panel went on to consider whether or not there were sufficient mitigating ./Mr_Ashley_Bakewell__16019_-_SoS_Decision.pdf-factors to militate against a prohibition order being an appropriate and proportionate ./Mr_Ashley_Bakewell__16019_-_SoS_Decision.pdf- ./Mr_Ashley_Bakewell__16019_-_SoS_Decision.pdf- ./Mr_Ashley_Bakewell__16019_-_SoS_Decision.pdf- 8 ./Mr_Ashley_Bakewell__16019_-_SoS_Decision.pdf- -- ./Mr_Ashley_Bakewell__16019_-_SoS_Decision.pdf-no recommendation of prohibition, considering whether the publication of the findings ./Mr_Ashley_Bakewell__16019_-_SoS_Decision.pdf-made by the panel is sufficient. ./Mr_Ashley_Bakewell__16019_-_SoS_Decision.pdf- ./Mr_Ashley_Bakewell__16019_-_SoS_Decision.pdf-The panel is of the view that applying the standard of the ordinary intelligent citizen ./Mr_Ashley_Bakewell__16019_-_SoS_Decision.pdf-recommending no prohibition order is not a proportionate and appropriate response. ./Mr_Ashley_Bakewell__16019_-_SoS_Decision.pdf-Recommending that publication of adverse findings is sufficient in the case would ./Mr_Ashley_Bakewell__16019_-_SoS_Decision.pdf-unacceptably compromise the public interest considerations present in this case, despite ./Mr_Ashley_Bakewell__16019_-_SoS_Decision.pdf-the severity of consequences for the teacher of prohibition. ./Mr_Ashley_Bakewell__16019_-_SoS_Decision.pdf- ./Mr_Ashley_Bakewell__16019_-_SoS_Decision.pdf-Page 10 of the 'prohibition guide' states that a teacher's behaviour will be considered to ./Mr_Ashley_Bakewell__16019_-_SoS_Decision.pdf:be incompatible with being a teacher if there is evidence of sexual misconduct ( i.e. ./Mr_Ashley_Bakewell__16019_-_SoS_Decision.pdf:actions that were sexually motivated or exploited the trust derived from the individual's ./Mr_Ashley_Bakewell__16019_-_SoS_Decision.pdf:professional position) in the facts found proved. This case has sexual misconduct at its ./Mr_Ashley_Bakewell__16019_-_SoS_Decision.pdf-core and therefore the panel is of the view that prohibition is both proportionate and ./Mr_Ashley_Bakewell__16019_-_SoS_Decision.pdf-appropriate. The panel has decided that the public interest considerations outweigh the ./Mr_Ashley_Bakewell__16019_-_SoS_Decision.pdf-mitigation present. Accordingly, the panel makes a recommendation to the Secretary of ./Mr_Ashley_Bakewell__16019_-_SoS_Decision.pdf-State that a prohibition order should be imposed with immediate effect. ./Mr_Ashley_Bakewell__16019_-_SoS_Decision.pdf- ./Mr_Ashley_Bakewell__16019_-_SoS_Decision.pdf-The panel went on to consider whether or not it would be appropriate to recommend that ./Mr_Ashley_Bakewell__16019_-_SoS_Decision.pdf-a review period of the order should be considered. The panel was mindful that the Advice ./Mr_Ashley_Bakewell__16019_-_SoS_Decision.pdf-advises that a prohibition order applies for life, but there may be circumstances in any ./Mr_Ashley_Bakewell__16019_-_SoS_Decision.pdf-given case that may make it appropriate to allow a teacher to apply to have the ./Mr_Ashley_Bakewell__16019_-_SoS_Decision.pdf-prohibition order reviewed after a specified period of time that may not be less than 2 ./Mr_Ashley_Bakewell__16019_-_SoS_Decision.pdf-years. ./Mr_Ashley_Bakewell__16019_-_SoS_Decision.pdf- ./Mr_Ashley_Bakewell__16019_-_SoS_Decision.pdf-The Advice indicates that there are behaviours that, if proven, would militate against a ./Mr_Ashley_Bakewell__16019_-_SoS_Decision.pdf:review period being recommended. These behaviours include serious sexual ./Mr_Ashley_Bakewell__16019_-_SoS_Decision.pdf:misconduct, e.g. where the act was sexually motivated and resulted in or had the ./Mr_Ashley_Bakewell__16019_-_SoS_Decision.pdf-potential to result in harm to a person or persons, particularly where the individual has ./Mr_Ashley_Bakewell__16019_-_SoS_Decision.pdf-used their professional position to influence or exploit a person. The panel has found that ./Mr_Ashley_Bakewell__16019_-_SoS_Decision.pdf:Mr Bakewell has been responsible for misconduct of a sexual nature. The panel was not ./Mr_Ashley_Bakewell__16019_-_SoS_Decision.pdf:however satisfied that the sexual misconduct was of such a serious nature that inclusion ./Mr_Ashley_Bakewell__16019_-_SoS_Decision.pdf-of a review period would not be appropriate. No harm was caused or potentially caused ./Mr_Ashley_Bakewell__16019_-_SoS_Decision.pdf-to the individuals whose images were taken. The photos although inappropriate were not ./Mr_Ashley_Bakewell__16019_-_SoS_Decision.pdf- ./Mr_Ashley_Bakewell__16019_-_SoS_Decision.pdf- 9 ./Mr_Ashley_Bakewell__16019_-_SoS_Decision.pdf- -- ./Mr_Ashley_Bakewell__16019_-_SoS_Decision.pdf:indecent. This was not a sexual misconduct case that involved any direct relevant or ./Mr_Ashley_Bakewell__16019_-_SoS_Decision.pdf-physical contact or communication between teacher and pupil. Mr Bakewell's remorse is ./Mr_Ashley_Bakewell__16019_-_SoS_Decision.pdf-clear and he has demonstrated insight into his behaviour. He is attending counselling ./Mr_Ashley_Bakewell__16019_-_SoS_Decision.pdf-sessions in order to assist in him taking preventative steps to ensure that this behaviour ./Mr_Ashley_Bakewell__16019_-_SoS_Decision.pdf-is not repeated. ./Mr_Ashley_Bakewell__16019_-_SoS_Decision.pdf- ./Mr_Ashley_Bakewell__16019_-_SoS_Decision.pdf-The panel felt the circumstances as a whole indicated a situation in which a review period ./Mr_Ashley_Bakewell__16019_-_SoS_Decision.pdf-would be appropriate and as such decided that it would be proportionate in all the ./Mr_Ashley_Bakewell__16019_-_SoS_Decision.pdf-circumstances for the prohibition order to be recommended with provision for a review ./Mr_Ashley_Bakewell__16019_-_SoS_Decision.pdf-period of 5 years. ./Mr_Ashley_Bakewell__16019_-_SoS_Decision.pdf- -- ./Mr_Ashley_Bakewell__16019_-_SoS_Decision.pdf:The findings of misconduct are particularly serious as they include a finding of sexual ./Mr_Ashley_Bakewell__16019_-_SoS_Decision.pdf-misconduct. ./Mr_Ashley_Bakewell__16019_-_SoS_Decision.pdf- ./Mr_Ashley_Bakewell__16019_-_SoS_Decision.pdf-I have to determine whether the imposition of a prohibition order is proportionate and in ./Mr_Ashley_Bakewell__16019_-_SoS_Decision.pdf-the public interest. In considering that for this case I have considered the overall aim of a ./Mr_Ashley_Bakewell__16019_-_SoS_Decision.pdf-prohibition order which is to protect pupils and to maintain public confidence in the ./Mr_Ashley_Bakewell__16019_-_SoS_Decision.pdf-profession. I have considered the extent to which a prohibition order in this case would ./Mr_Ashley_Bakewell__16019_-_SoS_Decision.pdf-achieve that aim taking into account the impact that it will have on the individual teacher. ./Mr_Ashley_Bakewell__16019_-_SoS_Decision.pdf-I have also asked myself whether or not a less intrusive measure, such as the published ./Mr_Ashley_Bakewell__16019_-_SoS_Decision.pdf-finding of unacceptable professional conduct and conduct that may bring the profession ./Mr_Ashley_Bakewell__16019_-_SoS_Decision.pdf-into disrepute, would itself be sufficient to achieve the overall aim. I have to consider -- ./Mr_Ashley_Bakewell__16019_-_SoS_Decision.pdf-therefore prevent such a risk from being present in the future. I have also taken into ./Mr_Ashley_Bakewell__16019_-_SoS_Decision.pdf-account the panel’s comments on insight and remorse which the panel sets out as ./Mr_Ashley_Bakewell__16019_-_SoS_Decision.pdf-follows, “Mr Bakewell's remorse is clear and he has demonstrated insight into his ./Mr_Ashley_Bakewell__16019_-_SoS_Decision.pdf-behaviour.” ./Mr_Ashley_Bakewell__16019_-_SoS_Decision.pdf- ./Mr_Ashley_Bakewell__16019_-_SoS_Decision.pdf-I have gone on to consider the extent to which a prohibition order would maintain public ./Mr_Ashley_Bakewell__16019_-_SoS_Decision.pdf-confidence in the profession. The panel observe, “The findings of misconduct are serious ./Mr_Ashley_Bakewell__16019_-_SoS_Decision.pdf-and the conduct displayed would likely have a negative impact on the individual’s status ./Mr_Ashley_Bakewell__16019_-_SoS_Decision.pdf-as a teacher, potentially damaging the public perception.” ./Mr_Ashley_Bakewell__16019_-_SoS_Decision.pdf- ./Mr_Ashley_Bakewell__16019_-_SoS_Decision.pdf:I am particularly mindful of the finding of sexual misconduct in this case and the impact ./Mr_Ashley_Bakewell__16019_-_SoS_Decision.pdf-that such a finding has on the reputation of the profession. ./Mr_Ashley_Bakewell__16019_-_SoS_Decision.pdf- ./Mr_Ashley_Bakewell__16019_-_SoS_Decision.pdf-I have had to consider that the public has a high expectation of professional standards of ./Mr_Ashley_Bakewell__16019_-_SoS_Decision.pdf-all teachers and that failure to impose a prohibition order might be regarded by the public ./Mr_Ashley_Bakewell__16019_-_SoS_Decision.pdf-as a failure to uphold those high standards. In weighing these considerations I have had ./Mr_Ashley_Bakewell__16019_-_SoS_Decision.pdf-to consider the matter from the point of view of an “ordinary intelligent and well-informed ./Mr_Ashley_Bakewell__16019_-_SoS_Decision.pdf-citizen.” ./Mr_Ashley_Bakewell__16019_-_SoS_Decision.pdf- ./Mr_Ashley_Bakewell__16019_-_SoS_Decision.pdf-I have considered whether the publication of a finding of unacceptable professional ./Mr_Ashley_Bakewell__16019_-_SoS_Decision.pdf-conduct, in the absence of a prohibition order, can itself be regarded by such a person as -- ./Mr_Ashley_Bakewell__16019_-_SoS_Decision.pdf-good record and was co-operative with the School and police investigations from the ./Mr_Ashley_Bakewell__16019_-_SoS_Decision.pdf-start, consistently accepting his wrongdoing as matters progressed and resigning his ./Mr_Ashley_Bakewell__16019_-_SoS_Decision.pdf-position in the course of the disciplinary investigation and before a disciplinary hearing ./Mr_Ashley_Bakewell__16019_-_SoS_Decision.pdf-was to take place.” ./Mr_Ashley_Bakewell__16019_-_SoS_Decision.pdf- ./Mr_Ashley_Bakewell__16019_-_SoS_Decision.pdf-A prohibition order would prevent Mr Bakewell from teaching and a prohibition order ./Mr_Ashley_Bakewell__16019_-_SoS_Decision.pdf-would also clearly deprive the public of his contribution to the profession for the period ./Mr_Ashley_Bakewell__16019_-_SoS_Decision.pdf-that it is in force. ./Mr_Ashley_Bakewell__16019_-_SoS_Decision.pdf- ./Mr_Ashley_Bakewell__16019_-_SoS_Decision.pdf-I have also placed considerable weight on the finding of the panel that this case, “has ./Mr_Ashley_Bakewell__16019_-_SoS_Decision.pdf:sexual misconduct at its core.” ./Mr_Ashley_Bakewell__16019_-_SoS_Decision.pdf- ./Mr_Ashley_Bakewell__16019_-_SoS_Decision.pdf-I have given less weight in my consideration of sanction therefore, to the contribution that ./Mr_Ashley_Bakewell__16019_-_SoS_Decision.pdf-Mr Bakewell has made to the profession. In my view it is necessary to impose a ./Mr_Ashley_Bakewell__16019_-_SoS_Decision.pdf-prohibition order in order to maintain public confidence in the profession. ./Mr_Ashley_Bakewell__16019_-_SoS_Decision.pdf- ./Mr_Ashley_Bakewell__16019_-_SoS_Decision.pdf-For these reasons I have concluded that a prohibition order is proportionate and in the ./Mr_Ashley_Bakewell__16019_-_SoS_Decision.pdf-public interest in order to achieve the aims which a prohibition order is intended to ./Mr_Ashley_Bakewell__16019_-_SoS_Decision.pdf-achieve. ./Mr_Ashley_Bakewell__16019_-_SoS_Decision.pdf- ./Mr_Ashley_Bakewell__16019_-_SoS_Decision.pdf-I have gone on to consider the matter of a review period. In this case the panel has ./Mr_Ashley_Bakewell__16019_-_SoS_Decision.pdf-recommended a 5 year review period. ./Mr_Ashley_Bakewell__16019_-_SoS_Decision.pdf- ./Mr_Ashley_Bakewell__16019_-_SoS_Decision.pdf-I have considered the panel’s comments “The panel has found that Mr Bakewell has ./Mr_Ashley_Bakewell__16019_-_SoS_Decision.pdf:been responsible for misconduct of a sexual nature. The panel was not however satisfied ./Mr_Ashley_Bakewell__16019_-_SoS_Decision.pdf:that the sexual misconduct was of such a serious nature that inclusion of a review period ./Mr_Ashley_Bakewell__16019_-_SoS_Decision.pdf-would not be appropriate. No harm was caused or potentially caused to the individuals ./Mr_Ashley_Bakewell__16019_-_SoS_Decision.pdf-whose images were taken. The photos although inappropriate were not indecent. This ./Mr_Ashley_Bakewell__16019_-_SoS_Decision.pdf:was not a sexual misconduct case that involved any direct relevant or physical contact or ./Mr_Ashley_Bakewell__16019_-_SoS_Decision.pdf-communication between teacher and pupil.” ./Mr_Ashley_Bakewell__16019_-_SoS_Decision.pdf- ./Mr_Ashley_Bakewell__16019_-_SoS_Decision.pdf-The panel has also said that a 5 year review period would be appropriate and ./Mr_Ashley_Bakewell__16019_-_SoS_Decision.pdf-proportionate. ./Mr_Ashley_Bakewell__16019_-_SoS_Decision.pdf- ./Mr_Ashley_Bakewell__16019_-_SoS_Decision.pdf-I have considered whether a 5 year review period reflects the seriousness of the findings ./Mr_Ashley_Bakewell__16019_-_SoS_Decision.pdf-and is a proportionate period to achieve the aim of maintaining public confidence in the ./Mr_Ashley_Bakewell__16019_-_SoS_Decision.pdf-profession. In this case, there are factors that in my view mean that a two year review ./Mr_Ashley_Bakewell__16019_-_SoS_Decision.pdf-period is not sufficient to achieve the aim of maintaining public confidence in the ./Mr_Ashley_Bakewell__16019_-_SoS_Decision.pdf-profession, but that a no review period would be excessive. These elements are the ./Mr_Ashley_Bakewell__16019_-_SoS_Decision.pdf:sexual misconduct found, the repeated nature of the offences and the insight shown so ./Mr_Ashley_Bakewell__16019_-_SoS_Decision.pdf-far. ./Mr_Ashley_Bakewell__16019_-_SoS_Decision.pdf- ./Mr_Ashley_Bakewell__16019_-_SoS_Decision.pdf-I consider therefore that a five year review period is required to satisfy the maintenance ./Mr_Ashley_Bakewell__16019_-_SoS_Decision.pdf-of public confidence in the profession and to give Mr Bakewell opportunity to address his ./Mr_Ashley_Bakewell__16019_-_SoS_Decision.pdf-behaviour to ensure that it is not repeated. ./Mr_Ashley_Bakewell__16019_-_SoS_Decision.pdf- ./Mr_Ashley_Bakewell__16019_-_SoS_Decision.pdf- ./Mr_Ashley_Bakewell__16019_-_SoS_Decision.pdf- ./Mr_Ashley_Bakewell__16019_-_SoS_Decision.pdf- 12 ./Mr_Ashley_Bakewell__16019_-_SoS_Decision.pdf- ./Mr_Ben_Hughes-Games_14566_-SoS_decision__Unrestricted__for_WEB.pdf- ./Mr_Ben_Hughes-Games_14566_-SoS_decision__Unrestricted__for_WEB.pdf-Whilst employed as a teacher at the John Cabot Academy in Bristol, he: ./Mr_Ben_Hughes-Games_14566_-SoS_decision__Unrestricted__for_WEB.pdf- ./Mr_Ben_Hughes-Games_14566_-SoS_decision__Unrestricted__for_WEB.pdf-1. Had an inappropriate relationship with Pupil A in 2009 and whilst she was a pupil ./Mr_Ben_Hughes-Games_14566_-SoS_decision__Unrestricted__for_WEB.pdf- at John Cabot Academy in that he: ./Mr_Ben_Hughes-Games_14566_-SoS_decision__Unrestricted__for_WEB.pdf- ./Mr_Ben_Hughes-Games_14566_-SoS_decision__Unrestricted__for_WEB.pdf- a. contacted her by telephone and/or text messages; ./Mr_Ben_Hughes-Games_14566_-SoS_decision__Unrestricted__for_WEB.pdf- ./Mr_Ben_Hughes-Games_14566_-SoS_decision__Unrestricted__for_WEB.pdf- b. met with her 1-to-1 outside school; ./Mr_Ben_Hughes-Games_14566_-SoS_decision__Unrestricted__for_WEB.pdf- ./Mr_Ben_Hughes-Games_14566_-SoS_decision__Unrestricted__for_WEB.pdf: c. had sexual intercourse with her. ./Mr_Ben_Hughes-Games_14566_-SoS_decision__Unrestricted__for_WEB.pdf- ./Mr_Ben_Hughes-Games_14566_-SoS_decision__Unrestricted__for_WEB.pdf:2. Informed the John Cabot Academy that he had not been in a sexual relationship ./Mr_Ben_Hughes-Games_14566_-SoS_decision__Unrestricted__for_WEB.pdf- with Pupil A when in fact he had including at meetings in or around: ./Mr_Ben_Hughes-Games_14566_-SoS_decision__Unrestricted__for_WEB.pdf- ./Mr_Ben_Hughes-Games_14566_-SoS_decision__Unrestricted__for_WEB.pdf- a. April 2009; ./Mr_Ben_Hughes-Games_14566_-SoS_decision__Unrestricted__for_WEB.pdf- ./Mr_Ben_Hughes-Games_14566_-SoS_decision__Unrestricted__for_WEB.pdf- b. June 2009; ./Mr_Ben_Hughes-Games_14566_-SoS_decision__Unrestricted__for_WEB.pdf- ./Mr_Ben_Hughes-Games_14566_-SoS_decision__Unrestricted__for_WEB.pdf:3. Continued to engage in a sexual relationship with Pupil A whilst subject to: ./Mr_Ben_Hughes-Games_14566_-SoS_decision__Unrestricted__for_WEB.pdf- ./Mr_Ben_Hughes-Games_14566_-SoS_decision__Unrestricted__for_WEB.pdf- a. a formal warning about his relationships with pupils issued in or around ./Mr_Ben_Hughes-Games_14566_-SoS_decision__Unrestricted__for_WEB.pdf- April 2009; ./Mr_Ben_Hughes-Games_14566_-SoS_decision__Unrestricted__for_WEB.pdf- ./Mr_Ben_Hughes-Games_14566_-SoS_decision__Unrestricted__for_WEB.pdf- b. a final warning about his relationships with pupils issued in or around July ./Mr_Ben_Hughes-Games_14566_-SoS_decision__Unrestricted__for_WEB.pdf- 2009; ./Mr_Ben_Hughes-Games_14566_-SoS_decision__Unrestricted__for_WEB.pdf- ./Mr_Ben_Hughes-Games_14566_-SoS_decision__Unrestricted__for_WEB.pdf-4. Acted dishonestly when doing (2) above in that he was seeking to conceal his ./Mr_Ben_Hughes-Games_14566_-SoS_decision__Unrestricted__for_WEB.pdf: sexual relationship with Pupil A so that he could continue to work at the school. ./Mr_Ben_Hughes-Games_14566_-SoS_decision__Unrestricted__for_WEB.pdf- ./Mr_Ben_Hughes-Games_14566_-SoS_decision__Unrestricted__for_WEB.pdf-In his response form dated 15 August 2016, Mr Ben Hughes-Games admitted the factual ./Mr_Ben_Hughes-Games_14566_-SoS_decision__Unrestricted__for_WEB.pdf-particulars of each of the allegations and also admitted that the allegations amount to ./Mr_Ben_Hughes-Games_14566_-SoS_decision__Unrestricted__for_WEB.pdf-unacceptable professional conduct/conduct that may bring the profession into disrepute. ./Mr_Ben_Hughes-Games_14566_-SoS_decision__Unrestricted__for_WEB.pdf-He also signed a Statement of Agreed Facts on 9 August 2016 and the case was ./Mr_Ben_Hughes-Games_14566_-SoS_decision__Unrestricted__for_WEB.pdf-referred for consideration at a meeting on 4 October 2016. However, the Professional ./Mr_Ben_Hughes-Games_14566_-SoS_decision__Unrestricted__for_WEB.pdf-Conduct Panel that convened to consider the case on that date felt that there was a ./Mr_Ben_Hughes-Games_14566_-SoS_decision__Unrestricted__for_WEB.pdf-degree of equivocation in the admissions of Mr Hughes-Games. The panel then ./Mr_Ben_Hughes-Games_14566_-SoS_decision__Unrestricted__for_WEB.pdf-determined that it was in the interests of justice that the case should be considered at a ./Mr_Ben_Hughes-Games_14566_-SoS_decision__Unrestricted__for_WEB.pdf-full hearing. -- ./Mr_Ben_Hughes-Games_14566_-SoS_decision__Unrestricted__for_WEB.pdf- ./Mr_Ben_Hughes-Games_14566_-SoS_decision__Unrestricted__for_WEB.pdf-Mr Hughes-Games role included delivering GCSE and A-Level coursework to pupils at ./Mr_Ben_Hughes-Games_14566_-SoS_decision__Unrestricted__for_WEB.pdf-the Academy and he was involved in both planning and delivering lessons, including for ./Mr_Ben_Hughes-Games_14566_-SoS_decision__Unrestricted__for_WEB.pdf-the musical theatre and voice elements of the National BTEC diploma in Performing Arts. ./Mr_Ben_Hughes-Games_14566_-SoS_decision__Unrestricted__for_WEB.pdf- ./Mr_Ben_Hughes-Games_14566_-SoS_decision__Unrestricted__for_WEB.pdf-Pupil A [Redacted] attended the Academy and in the 2008/9 academic year, was a year ./Mr_Ben_Hughes-Games_14566_-SoS_decision__Unrestricted__for_WEB.pdf-13 sixth form pupil. [Redacted]. ./Mr_Ben_Hughes-Games_14566_-SoS_decision__Unrestricted__for_WEB.pdf- ./Mr_Ben_Hughes-Games_14566_-SoS_decision__Unrestricted__for_WEB.pdf-In April 2009, concerns were raised about Mr Hughes-Games interactions with Pupil A. ./Mr_Ben_Hughes-Games_14566_-SoS_decision__Unrestricted__for_WEB.pdf-He attended a disciplinary meeting when it is alleged that he admitted he had allowed ./Mr_Ben_Hughes-Games_14566_-SoS_decision__Unrestricted__for_WEB.pdf:Pupil A to visit his home, but he denied that they had been in a sexual relationship. On 14 ./Mr_Ben_Hughes-Games_14566_-SoS_decision__Unrestricted__for_WEB.pdf-April 2009, Mr Hughes-Games was issued with a written warning by the Academy about ./Mr_Ben_Hughes-Games_14566_-SoS_decision__Unrestricted__for_WEB.pdf-his future conduct, with specific regard to his relationship with pupils of all ages. ./Mr_Ben_Hughes-Games_14566_-SoS_decision__Unrestricted__for_WEB.pdf- ./Mr_Ben_Hughes-Games_14566_-SoS_decision__Unrestricted__for_WEB.pdf-In June 2009, further concerns were raised when Mr Hughes-Games was seen ./Mr_Ben_Hughes-Games_14566_-SoS_decision__Unrestricted__for_WEB.pdf-socialising with Pupil A in a local pub. Mr Hughes-Games was asked to attend a meeting ./Mr_Ben_Hughes-Games_14566_-SoS_decision__Unrestricted__for_WEB.pdf-where, it is alleged, he acknowledged that he had met Pupil A at a pub, but again denied ./Mr_Ben_Hughes-Games_14566_-SoS_decision__Unrestricted__for_WEB.pdf:that they had been in a sexual relationship. On 1 July 2009, Mr Hughes-Games received ./Mr_Ben_Hughes-Games_14566_-SoS_decision__Unrestricted__for_WEB.pdf-a final warning concerning his relationships with pupils. ./Mr_Ben_Hughes-Games_14566_-SoS_decision__Unrestricted__for_WEB.pdf- ./Mr_Ben_Hughes-Games_14566_-SoS_decision__Unrestricted__for_WEB.pdf-Mr Hughes-Games resigned from his position at the Academy in June 2015. ./Mr_Ben_Hughes-Games_14566_-SoS_decision__Unrestricted__for_WEB.pdf- ./Mr_Ben_Hughes-Games_14566_-SoS_decision__Unrestricted__for_WEB.pdf-In his Notice of Referral response form dated 15 August 2016, Mr Hughes-Games ./Mr_Ben_Hughes-Games_14566_-SoS_decision__Unrestricted__for_WEB.pdf-admitted the factual particulars of each of the allegations and also admitted that the ./Mr_Ben_Hughes-Games_14566_-SoS_decision__Unrestricted__for_WEB.pdf- ./Mr_Ben_Hughes-Games_14566_-SoS_decision__Unrestricted__for_WEB.pdf- 7 ./Mr_Ben_Hughes-Games_14566_-SoS_decision__Unrestricted__for_WEB.pdf- -- ./Mr_Ben_Hughes-Games_14566_-SoS_decision__Unrestricted__for_WEB.pdf- ./Mr_Ben_Hughes-Games_14566_-SoS_decision__Unrestricted__for_WEB.pdf-Whilst employed as a teacher at the John Cabot Academy in Bristol, you: ./Mr_Ben_Hughes-Games_14566_-SoS_decision__Unrestricted__for_WEB.pdf- ./Mr_Ben_Hughes-Games_14566_-SoS_decision__Unrestricted__for_WEB.pdf-1. Had an inappropriate relationship with Pupil A in 2009 and whilst she was a ./Mr_Ben_Hughes-Games_14566_-SoS_decision__Unrestricted__for_WEB.pdf- pupil at John Cabot Academy in that you: ./Mr_Ben_Hughes-Games_14566_-SoS_decision__Unrestricted__for_WEB.pdf- ./Mr_Ben_Hughes-Games_14566_-SoS_decision__Unrestricted__for_WEB.pdf- a. contacted her by telephone and/or text messages; ./Mr_Ben_Hughes-Games_14566_-SoS_decision__Unrestricted__for_WEB.pdf- ./Mr_Ben_Hughes-Games_14566_-SoS_decision__Unrestricted__for_WEB.pdf- b. met with her 1-to-1 outside school; ./Mr_Ben_Hughes-Games_14566_-SoS_decision__Unrestricted__for_WEB.pdf- ./Mr_Ben_Hughes-Games_14566_-SoS_decision__Unrestricted__for_WEB.pdf: c. had sexual intercourse with her. ./Mr_Ben_Hughes-Games_14566_-SoS_decision__Unrestricted__for_WEB.pdf- ./Mr_Ben_Hughes-Games_14566_-SoS_decision__Unrestricted__for_WEB.pdf-In the Statement of Agreed Facts, Mr Hughes-Games admitted that he had an ./Mr_Ben_Hughes-Games_14566_-SoS_decision__Unrestricted__for_WEB.pdf-innappropriate relationship with Pupil A in 2009 and whilst she was a pupil at the ./Mr_Ben_Hughes-Games_14566_-SoS_decision__Unrestricted__for_WEB.pdf-Academy. He also admitted that he contacted her by telephone and text messages, that ./Mr_Ben_Hughes-Games_14566_-SoS_decision__Unrestricted__for_WEB.pdf:he met her on a one to one basis and had sexual intercourse with her. ./Mr_Ben_Hughes-Games_14566_-SoS_decision__Unrestricted__for_WEB.pdf- ./Mr_Ben_Hughes-Games_14566_-SoS_decision__Unrestricted__for_WEB.pdf-In his written representations to the National College dated 17 May 2016, Mr Hughes- ./Mr_Ben_Hughes-Games_14566_-SoS_decision__Unrestricted__for_WEB.pdf-Games stated that, in the summer term of 2008, he was aware that one of his students, ./Mr_Ben_Hughes-Games_14566_-SoS_decision__Unrestricted__for_WEB.pdf-Pupil A, was spending a lot of time in his teaching room in the music department at the ./Mr_Ben_Hughes-Games_14566_-SoS_decision__Unrestricted__for_WEB.pdf-Academy. He said that, at the end of the summer term in 2008 he was aware of ./Mr_Ben_Hughes-Games_14566_-SoS_decision__Unrestricted__for_WEB.pdf-increasingly flirtatious behaviour from Pupil A directed at him. He said that Pupil A also ./Mr_Ben_Hughes-Games_14566_-SoS_decision__Unrestricted__for_WEB.pdf-confided in him with information about her personal life. Mr Hughes-Games stated that in ./Mr_Ben_Hughes-Games_14566_-SoS_decision__Unrestricted__for_WEB.pdf-the Summer of 2008, both he and Pupil A were involved in a production at the Edinburgh ./Mr_Ben_Hughes-Games_14566_-SoS_decision__Unrestricted__for_WEB.pdf-Fringe and that it was at about this time that Pupil A entered into a relationship with ./Mr_Ben_Hughes-Games_14566_-SoS_decision__Unrestricted__for_WEB.pdf-someone that Mr Hughes-Games described as a friend and colleague of his. Mr Hughes- -- ./Mr_Ben_Hughes-Games_14566_-SoS_decision__Unrestricted__for_WEB.pdf-In relation to allegation 1b, despite the admission contained in the Statement of Agreed ./Mr_Ben_Hughes-Games_14566_-SoS_decision__Unrestricted__for_WEB.pdf-Facts, the panel noted that, in his written response dated 17 May 2016, Mr Hughes- ./Mr_Ben_Hughes-Games_14566_-SoS_decision__Unrestricted__for_WEB.pdf-Games referred to a specific incident when he attended a performance by the Bristol Old ./Mr_Ben_Hughes-Games_14566_-SoS_decision__Unrestricted__for_WEB.pdf-Vic Theatre School students. Mr Hughes-Games stated that this incident was not a one ./Mr_Ben_Hughes-Games_14566_-SoS_decision__Unrestricted__for_WEB.pdf-to one meeting. He added that other students were going to join them at the ./Mr_Ben_Hughes-Games_14566_-SoS_decision__Unrestricted__for_WEB.pdf-performance, but they were unable to do so. It follows from Mr Hughes-Games response, ./Mr_Ben_Hughes-Games_14566_-SoS_decision__Unrestricted__for_WEB.pdf-that he did in fact meet with Pupil A alone on that occasion, even though that may not ./Mr_Ben_Hughes-Games_14566_-SoS_decision__Unrestricted__for_WEB.pdf-have been the original intention. However, allegation 1b is not directed to the incident at ./Mr_Ben_Hughes-Games_14566_-SoS_decision__Unrestricted__for_WEB.pdf-the theatre. Moreover, by his own admission, there were occasions when Mr Hughes- ./Mr_Ben_Hughes-Games_14566_-SoS_decision__Unrestricted__for_WEB.pdf-Games met with Pupil A alone at his flat, as referred to above. Further, the panel infers ./Mr_Ben_Hughes-Games_14566_-SoS_decision__Unrestricted__for_WEB.pdf:from the fact that there was a sexual relationship that there were one to one meetings. ./Mr_Ben_Hughes-Games_14566_-SoS_decision__Unrestricted__for_WEB.pdf- ./Mr_Ben_Hughes-Games_14566_-SoS_decision__Unrestricted__for_WEB.pdf-In relation to allegation 1c, Mr Hughes-Games stated in his written response that 'there ./Mr_Ben_Hughes-Games_14566_-SoS_decision__Unrestricted__for_WEB.pdf:had been a sexual side in the early part of the relationship', although he added that this ./Mr_Ben_Hughes-Games_14566_-SoS_decision__Unrestricted__for_WEB.pdf-was not a 'strong motovic factor' for either him or Pupil A. He also stated in his 'final ./Mr_Ben_Hughes-Games_14566_-SoS_decision__Unrestricted__for_WEB.pdf-response' that his relationship with Pupil A lasted for five years and that for four of them, ./Mr_Ben_Hughes-Games_14566_-SoS_decision__Unrestricted__for_WEB.pdf-it was a platonic one. He also stated in his written response dated 17 May 2016 that ./Mr_Ben_Hughes-Games_14566_-SoS_decision__Unrestricted__for_WEB.pdf-there was 'no physical side to it after December of 2009'. The panel is satisfied that Mr ./Mr_Ben_Hughes-Games_14566_-SoS_decision__Unrestricted__for_WEB.pdf:Hughes-Games admits that sexual intercourse with Pupil A took place prior to December ./Mr_Ben_Hughes-Games_14566_-SoS_decision__Unrestricted__for_WEB.pdf-2009, when Pupil A was still a pupil at the Academy. ./Mr_Ben_Hughes-Games_14566_-SoS_decision__Unrestricted__for_WEB.pdf- ./Mr_Ben_Hughes-Games_14566_-SoS_decision__Unrestricted__for_WEB.pdf-The panel finds allegation 1a, b and c proved based on Mr Hughes-Games' admissions. ./Mr_Ben_Hughes-Games_14566_-SoS_decision__Unrestricted__for_WEB.pdf- ./Mr_Ben_Hughes-Games_14566_-SoS_decision__Unrestricted__for_WEB.pdf:2. Informed the John Cabot Academy that you had not been in a sexual ./Mr_Ben_Hughes-Games_14566_-SoS_decision__Unrestricted__for_WEB.pdf- relationship with Pupil A when in fact you had including at meetings in or ./Mr_Ben_Hughes-Games_14566_-SoS_decision__Unrestricted__for_WEB.pdf- around: ./Mr_Ben_Hughes-Games_14566_-SoS_decision__Unrestricted__for_WEB.pdf- ./Mr_Ben_Hughes-Games_14566_-SoS_decision__Unrestricted__for_WEB.pdf- a. April 2009; ./Mr_Ben_Hughes-Games_14566_-SoS_decision__Unrestricted__for_WEB.pdf- ./Mr_Ben_Hughes-Games_14566_-SoS_decision__Unrestricted__for_WEB.pdf-Mr Hughes-Games admitted in the Statement of Agreed Facts that, in April 2009, ./Mr_Ben_Hughes-Games_14566_-SoS_decision__Unrestricted__for_WEB.pdf-concerns were raised about his interactions with Pupil A. Further, he attended a ./Mr_Ben_Hughes-Games_14566_-SoS_decision__Unrestricted__for_WEB.pdf-disciplinary meeting at the Academy in April 2009 when he admitted that he had allowed ./Mr_Ben_Hughes-Games_14566_-SoS_decision__Unrestricted__for_WEB.pdf:Pupil A to visit his home, but denied that they had been in a sexual relationship when in ./Mr_Ben_Hughes-Games_14566_-SoS_decision__Unrestricted__for_WEB.pdf-fact they had. ./Mr_Ben_Hughes-Games_14566_-SoS_decision__Unrestricted__for_WEB.pdf- ./Mr_Ben_Hughes-Games_14566_-SoS_decision__Unrestricted__for_WEB.pdf-In his summary dated 21 March 2017, Mr Hughes-Games stated that the question as to ./Mr_Ben_Hughes-Games_14566_-SoS_decision__Unrestricted__for_WEB.pdf-whether he was in a relationship with Pupil A was not put to him in any meeting. ./Mr_Ben_Hughes-Games_14566_-SoS_decision__Unrestricted__for_WEB.pdf-However, the panel also considered the written reponse from Mr Hughes-Games dated ./Mr_Ben_Hughes-Games_14566_-SoS_decision__Unrestricted__for_WEB.pdf-17 May 2016. In that document, Mr Hughes-Games stated that he was called to a ./Mr_Ben_Hughes-Games_14566_-SoS_decision__Unrestricted__for_WEB.pdf-meeting in April 2009 with the Principal of the Academy. He said that he admitted at that ./Mr_Ben_Hughes-Games_14566_-SoS_decision__Unrestricted__for_WEB.pdf-meeting that his behaviour had given rise to suspicion and he explained how he and ./Mr_Ben_Hughes-Games_14566_-SoS_decision__Unrestricted__for_WEB.pdf- ./Mr_Ben_Hughes-Games_14566_-SoS_decision__Unrestricted__for_WEB.pdf- -- ./Mr_Ben_Hughes-Games_14566_-SoS_decision__Unrestricted__for_WEB.pdf-Pupil A had come to socialise outside of working hours together as a teacher and ./Mr_Ben_Hughes-Games_14566_-SoS_decision__Unrestricted__for_WEB.pdf-student. Mr Hughes-Games acknowledged that he did deny that he and Pupil A had been ./Mr_Ben_Hughes-Games_14566_-SoS_decision__Unrestricted__for_WEB.pdf:in a physical/ sexual relationship. ./Mr_Ben_Hughes-Games_14566_-SoS_decision__Unrestricted__for_WEB.pdf- ./Mr_Ben_Hughes-Games_14566_-SoS_decision__Unrestricted__for_WEB.pdf-The panel has also been provided with a copy of a letter from the Principal to Mr Hughes- ./Mr_Ben_Hughes-Games_14566_-SoS_decision__Unrestricted__for_WEB.pdf-Games dated 6 April 2009. This referred to a meeting with Mr Hughes-Games on 1 April ./Mr_Ben_Hughes-Games_14566_-SoS_decision__Unrestricted__for_WEB.pdf-2009 and enclosed a summary of the investigation. In that summary, it was recorded that ./Mr_Ben_Hughes-Games_14566_-SoS_decision__Unrestricted__for_WEB.pdf-Mr Hughes-Games had stated that he had never been involved in a physical relationship ./Mr_Ben_Hughes-Games_14566_-SoS_decision__Unrestricted__for_WEB.pdf-with Pupil A beyond walking arm in arm with her and that he had never been involved in ./Mr_Ben_Hughes-Games_14566_-SoS_decision__Unrestricted__for_WEB.pdf:a sexual relationship with her. The panel has also considered a note of the disciplinary ./Mr_Ben_Hughes-Games_14566_-SoS_decision__Unrestricted__for_WEB.pdf-meeting held on 8 April 2009 which recorded that the Principal went through the facts ./Mr_Ben_Hughes-Games_14566_-SoS_decision__Unrestricted__for_WEB.pdf-discussed with Mr Hughes-Games at the meeting on 1 April 2009, including that Mr ./Mr_Ben_Hughes-Games_14566_-SoS_decision__Unrestricted__for_WEB.pdf:Hughes-Games had confirmed that no physical or sexual relationship had occurred. The ./Mr_Ben_Hughes-Games_14566_-SoS_decision__Unrestricted__for_WEB.pdf-note recorded that, at the meeting on 8 April 2009, Mr Hughes-Games confirmed that this ./Mr_Ben_Hughes-Games_14566_-SoS_decision__Unrestricted__for_WEB.pdf-was accurate. ./Mr_Ben_Hughes-Games_14566_-SoS_decision__Unrestricted__for_WEB.pdf- ./Mr_Ben_Hughes-Games_14566_-SoS_decision__Unrestricted__for_WEB.pdf-The panel finds allegation 2a proved. ./Mr_Ben_Hughes-Games_14566_-SoS_decision__Unrestricted__for_WEB.pdf- ./Mr_Ben_Hughes-Games_14566_-SoS_decision__Unrestricted__for_WEB.pdf- b. June 2009; ./Mr_Ben_Hughes-Games_14566_-SoS_decision__Unrestricted__for_WEB.pdf- ./Mr_Ben_Hughes-Games_14566_-SoS_decision__Unrestricted__for_WEB.pdf-In the Statement of Agreed Facts, Mr Hughes-Games also admitted that further concerns ./Mr_Ben_Hughes-Games_14566_-SoS_decision__Unrestricted__for_WEB.pdf-had been raised in June 2009 when he was seen socialising with Pupil A in a local pub. ./Mr_Ben_Hughes-Games_14566_-SoS_decision__Unrestricted__for_WEB.pdf-Mr Hughes-Games admitted that he was asked to attend a meeting where he ./Mr_Ben_Hughes-Games_14566_-SoS_decision__Unrestricted__for_WEB.pdf:acknowledged that he had met Pupil A at the pub, but denied that they had a sexual ./Mr_Ben_Hughes-Games_14566_-SoS_decision__Unrestricted__for_WEB.pdf-relationship when in fact they had. ./Mr_Ben_Hughes-Games_14566_-SoS_decision__Unrestricted__for_WEB.pdf- ./Mr_Ben_Hughes-Games_14566_-SoS_decision__Unrestricted__for_WEB.pdf-In his written response, Mr Hughes-Games states that on 30 June 2009 he was called to ./Mr_Ben_Hughes-Games_14566_-SoS_decision__Unrestricted__for_WEB.pdf-a further meeting with the Principal. He said that this was to discuss the fact that he had ./Mr_Ben_Hughes-Games_14566_-SoS_decision__Unrestricted__for_WEB.pdf-been observed by a member of staff socialising with Pupil A in a pub in the centre of ./Mr_Ben_Hughes-Games_14566_-SoS_decision__Unrestricted__for_WEB.pdf-Bristol. Mr Hughes-Games stated that, when he was presented with this allegation, he ./Mr_Ben_Hughes-Games_14566_-SoS_decision__Unrestricted__for_WEB.pdf-offered his resignation, but that the Principal had said that, due to the age of the pupil, ./Mr_Ben_Hughes-Games_14566_-SoS_decision__Unrestricted__for_WEB.pdf-this was not necessary. ./Mr_Ben_Hughes-Games_14566_-SoS_decision__Unrestricted__for_WEB.pdf- ./Mr_Ben_Hughes-Games_14566_-SoS_decision__Unrestricted__for_WEB.pdf-The panel has also considered the content of a letter dated 1 July 2009 sent to Mr ./Mr_Ben_Hughes-Games_14566_-SoS_decision__Unrestricted__for_WEB.pdf-Hughes-Games from the Principal. In this letter, the Principal referred to his meeting with ./Mr_Ben_Hughes-Games_14566_-SoS_decision__Unrestricted__for_WEB.pdf-Mr Hughes-Games on 30 June 2009. In summarising that meeting, the Principal stated, ./Mr_Ben_Hughes-Games_14566_-SoS_decision__Unrestricted__for_WEB.pdf-'you confirmed that a relationship between you and the female student did not exist and ./Mr_Ben_Hughes-Games_14566_-SoS_decision__Unrestricted__for_WEB.pdf-that you had recently argued'. ./Mr_Ben_Hughes-Games_14566_-SoS_decision__Unrestricted__for_WEB.pdf- ./Mr_Ben_Hughes-Games_14566_-SoS_decision__Unrestricted__for_WEB.pdf-The panel is satisfied, on the balance of probabilities, that Mr Hughes-Games responses ./Mr_Ben_Hughes-Games_14566_-SoS_decision__Unrestricted__for_WEB.pdf:at the meeting on 30 June 2009 did amount to a denial that he was in a sexual ./Mr_Ben_Hughes-Games_14566_-SoS_decision__Unrestricted__for_WEB.pdf-relationship with Pupil A when he was. Accordingly, the panel finds allegation 2b proved. ./Mr_Ben_Hughes-Games_14566_-SoS_decision__Unrestricted__for_WEB.pdf- ./Mr_Ben_Hughes-Games_14566_-SoS_decision__Unrestricted__for_WEB.pdf:3. Continued to engage in a sexual relationship with Pupil A whilst subject to: ./Mr_Ben_Hughes-Games_14566_-SoS_decision__Unrestricted__for_WEB.pdf- ./Mr_Ben_Hughes-Games_14566_-SoS_decision__Unrestricted__for_WEB.pdf- ./Mr_Ben_Hughes-Games_14566_-SoS_decision__Unrestricted__for_WEB.pdf- ./Mr_Ben_Hughes-Games_14566_-SoS_decision__Unrestricted__for_WEB.pdf- ./Mr_Ben_Hughes-Games_14566_-SoS_decision__Unrestricted__for_WEB.pdf- 10 ./Mr_Ben_Hughes-Games_14566_-SoS_decision__Unrestricted__for_WEB.pdf- -- ./Mr_Ben_Hughes-Games_14566_-SoS_decision__Unrestricted__for_WEB.pdf-relationship with pupils of all ages'. The panel has also seen a copy of a letter sent to Mr ./Mr_Ben_Hughes-Games_14566_-SoS_decision__Unrestricted__for_WEB.pdf-Hughes-Games from the Principal dated 14 April 2009 containing the written warning, ./Mr_Ben_Hughes-Games_14566_-SoS_decision__Unrestricted__for_WEB.pdf-which remained effective until 14 April 2010. ./Mr_Ben_Hughes-Games_14566_-SoS_decision__Unrestricted__for_WEB.pdf- ./Mr_Ben_Hughes-Games_14566_-SoS_decision__Unrestricted__for_WEB.pdf-In the Statement of Agreed Facts, Mr Hughes-Games also admitted that, on 1 July 2009, ./Mr_Ben_Hughes-Games_14566_-SoS_decision__Unrestricted__for_WEB.pdf-he received a final warning regarding his relationships with pupils. The panel has also ./Mr_Ben_Hughes-Games_14566_-SoS_decision__Unrestricted__for_WEB.pdf-seen a copy of a letter dated 1 July 2009 sent from the Principal containing this final ./Mr_Ben_Hughes-Games_14566_-SoS_decision__Unrestricted__for_WEB.pdf-written warning. ./Mr_Ben_Hughes-Games_14566_-SoS_decision__Unrestricted__for_WEB.pdf- ./Mr_Ben_Hughes-Games_14566_-SoS_decision__Unrestricted__for_WEB.pdf-Mr Hughes-Games admitted in the Statement of Agreed Facts that he was engaged in a ./Mr_Ben_Hughes-Games_14566_-SoS_decision__Unrestricted__for_WEB.pdf:sexual relationship with Pupil A until December 2009 and, therefore, continued to engage ./Mr_Ben_Hughes-Games_14566_-SoS_decision__Unrestricted__for_WEB.pdf:in a sexual relationship with her whilst subject to the two formal warnings given in April ./Mr_Ben_Hughes-Games_14566_-SoS_decision__Unrestricted__for_WEB.pdf-and July 2009. ./Mr_Ben_Hughes-Games_14566_-SoS_decision__Unrestricted__for_WEB.pdf- ./Mr_Ben_Hughes-Games_14566_-SoS_decision__Unrestricted__for_WEB.pdf-Accordingly, the panel finds allegations 3a and b proved. ./Mr_Ben_Hughes-Games_14566_-SoS_decision__Unrestricted__for_WEB.pdf- ./Mr_Ben_Hughes-Games_14566_-SoS_decision__Unrestricted__for_WEB.pdf-4. Acted dishonestly when doing (2) above in that you were seeking to conceal ./Mr_Ben_Hughes-Games_14566_-SoS_decision__Unrestricted__for_WEB.pdf: your sexual relationship with Pupil A so that you could continue to work at ./Mr_Ben_Hughes-Games_14566_-SoS_decision__Unrestricted__for_WEB.pdf- the school. ./Mr_Ben_Hughes-Games_14566_-SoS_decision__Unrestricted__for_WEB.pdf- ./Mr_Ben_Hughes-Games_14566_-SoS_decision__Unrestricted__for_WEB.pdf-In the Statement of Agreed Facts, Mr Hughes-Games admitted that his conduct at ./Mr_Ben_Hughes-Games_14566_-SoS_decision__Unrestricted__for_WEB.pdf-allegation 2 was dishonest in that he was seeking to conceal his relationship with Pupil A ./Mr_Ben_Hughes-Games_14566_-SoS_decision__Unrestricted__for_WEB.pdf-so that he could continue to work at the Academy. He also acknowledged that this ./Mr_Ben_Hughes-Games_14566_-SoS_decision__Unrestricted__for_WEB.pdf-conduct would be considered dishonest by the standards of an ordinary person and that ./Mr_Ben_Hughes-Games_14566_-SoS_decision__Unrestricted__for_WEB.pdf-he knew his own conduct to be dishonest. ./Mr_Ben_Hughes-Games_14566_-SoS_decision__Unrestricted__for_WEB.pdf- ./Mr_Ben_Hughes-Games_14566_-SoS_decision__Unrestricted__for_WEB.pdf-In addition, the panel noted that in his written response dated 17 May 2016, Mr Hughes- ./Mr_Ben_Hughes-Games_14566_-SoS_decision__Unrestricted__for_WEB.pdf-Games stated that, when he met with the Principal on 1 April 2009, he was aware that if ./Mr_Ben_Hughes-Games_14566_-SoS_decision__Unrestricted__for_WEB.pdf-he were to admit to having a relationship with Pupil A, the Principal would have had no ./Mr_Ben_Hughes-Games_14566_-SoS_decision__Unrestricted__for_WEB.pdf-alternative but to dismiss him. Furthermore, in his 'final response' Mr Hughes-Games ./Mr_Ben_Hughes-Games_14566_-SoS_decision__Unrestricted__for_WEB.pdf-stated that he told the Principal that he had not been in a relationship as he wished to ./Mr_Ben_Hughes-Games_14566_-SoS_decision__Unrestricted__for_WEB.pdf-move on and regain the trust of his employer. ./Mr_Ben_Hughes-Games_14566_-SoS_decision__Unrestricted__for_WEB.pdf- ./Mr_Ben_Hughes-Games_14566_-SoS_decision__Unrestricted__for_WEB.pdf:The panel is satisfied that, in denying the existence of a sexual relationship in April and ./Mr_Ben_Hughes-Games_14566_-SoS_decision__Unrestricted__for_WEB.pdf-June 2009, Mr Hughes-Games was seeking to conceal the relationship so that he could ./Mr_Ben_Hughes-Games_14566_-SoS_decision__Unrestricted__for_WEB.pdf-continue to work at the Academy. The panel is satisfied that Mr Hughes-Games actions ./Mr_Ben_Hughes-Games_14566_-SoS_decision__Unrestricted__for_WEB.pdf-were dishonest by the standards of reasonable honest people and that Mr Hughes- ./Mr_Ben_Hughes-Games_14566_-SoS_decision__Unrestricted__for_WEB.pdf-Games was aware that his own conduct was dishonest by those standards. ./Mr_Ben_Hughes-Games_14566_-SoS_decision__Unrestricted__for_WEB.pdf- ./Mr_Ben_Hughes-Games_14566_-SoS_decision__Unrestricted__for_WEB.pdf- 11 ./Mr_Ben_Hughes-Games_14566_-SoS_decision__Unrestricted__for_WEB.pdf- -- ./Mr_Ben_Hughes-Games_14566_-SoS_decision__Unrestricted__for_WEB.pdf- practices of the school in which they teach, and maintain high standards in their ./Mr_Ben_Hughes-Games_14566_-SoS_decision__Unrestricted__for_WEB.pdf- own attendance and punctuality. ./Mr_Ben_Hughes-Games_14566_-SoS_decision__Unrestricted__for_WEB.pdf-  Teachers must have an understanding of, and always act within, the statutory ./Mr_Ben_Hughes-Games_14566_-SoS_decision__Unrestricted__for_WEB.pdf- frameworks which set out their professional duties and responsibilities. ./Mr_Ben_Hughes-Games_14566_-SoS_decision__Unrestricted__for_WEB.pdf-The panel is satisfied that the conduct of Mr Hughes-Games amounts to serious ./Mr_Ben_Hughes-Games_14566_-SoS_decision__Unrestricted__for_WEB.pdf-misconduct which falls significantly short of the standards expected of the profession. ./Mr_Ben_Hughes-Games_14566_-SoS_decision__Unrestricted__for_WEB.pdf- ./Mr_Ben_Hughes-Games_14566_-SoS_decision__Unrestricted__for_WEB.pdf-The panel has also considered whether Mr Hughes-Games conduct displayed ./Mr_Ben_Hughes-Games_14566_-SoS_decision__Unrestricted__for_WEB.pdf-behaviours associated with any of the offences listed on pages 8 and 9 of the Advice. ./Mr_Ben_Hughes-Games_14566_-SoS_decision__Unrestricted__for_WEB.pdf- ./Mr_Ben_Hughes-Games_14566_-SoS_decision__Unrestricted__for_WEB.pdf:The panel has found that the offences of serious dishonesty and sexual activity are ./Mr_Ben_Hughes-Games_14566_-SoS_decision__Unrestricted__for_WEB.pdf-relevant. ./Mr_Ben_Hughes-Games_14566_-SoS_decision__Unrestricted__for_WEB.pdf- ./Mr_Ben_Hughes-Games_14566_-SoS_decision__Unrestricted__for_WEB.pdf-The Advice indicates that where behaviours associated with such offences exist, a panel ./Mr_Ben_Hughes-Games_14566_-SoS_decision__Unrestricted__for_WEB.pdf-is likely to conclude that an individual’s conduct would amount to unacceptable ./Mr_Ben_Hughes-Games_14566_-SoS_decision__Unrestricted__for_WEB.pdf-professional conduct. ./Mr_Ben_Hughes-Games_14566_-SoS_decision__Unrestricted__for_WEB.pdf- ./Mr_Ben_Hughes-Games_14566_-SoS_decision__Unrestricted__for_WEB.pdf- 12 ./Mr_Ben_Hughes-Games_14566_-SoS_decision__Unrestricted__for_WEB.pdf- -- ./Mr_Ben_Hughes-Games_14566_-SoS_decision__Unrestricted__for_WEB.pdf-Advice and having done so has found a number of them to be relevant in this case, ./Mr_Ben_Hughes-Games_14566_-SoS_decision__Unrestricted__for_WEB.pdf-namely the protection of pupils, the maintenance of public confidence in the profession ./Mr_Ben_Hughes-Games_14566_-SoS_decision__Unrestricted__for_WEB.pdf-and declaring and upholding proper standards of conduct. ./Mr_Ben_Hughes-Games_14566_-SoS_decision__Unrestricted__for_WEB.pdf- ./Mr_Ben_Hughes-Games_14566_-SoS_decision__Unrestricted__for_WEB.pdf-The panel also acknowledged that there is a public interest in a teacher who is able to ./Mr_Ben_Hughes-Games_14566_-SoS_decision__Unrestricted__for_WEB.pdf-make a valuable contribution to the profession being able to continue in that profession, ./Mr_Ben_Hughes-Games_14566_-SoS_decision__Unrestricted__for_WEB.pdf-as outlined in the judgment in Wallace v Secretary of State for Education [2017] EWHC ./Mr_Ben_Hughes-Games_14566_-SoS_decision__Unrestricted__for_WEB.pdf-109(Admin). ./Mr_Ben_Hughes-Games_14566_-SoS_decision__Unrestricted__for_WEB.pdf- ./Mr_Ben_Hughes-Games_14566_-SoS_decision__Unrestricted__for_WEB.pdf-In light of the panel’s findings against Mr Hughes-Games, there is a strong public interest ./Mr_Ben_Hughes-Games_14566_-SoS_decision__Unrestricted__for_WEB.pdf:consideration in respect of the protection of pupils given the serious findings of a sexual ./Mr_Ben_Hughes-Games_14566_-SoS_decision__Unrestricted__for_WEB.pdf-relationship with a pupil. ./Mr_Ben_Hughes-Games_14566_-SoS_decision__Unrestricted__for_WEB.pdf- ./Mr_Ben_Hughes-Games_14566_-SoS_decision__Unrestricted__for_WEB.pdf-Similarly, the panel considers that public confidence in the profession could be seriously ./Mr_Ben_Hughes-Games_14566_-SoS_decision__Unrestricted__for_WEB.pdf-weakened if conduct such as that found against Mr Hughes-Games, including ./Mr_Ben_Hughes-Games_14566_-SoS_decision__Unrestricted__for_WEB.pdf- ./Mr_Ben_Hughes-Games_14566_-SoS_decision__Unrestricted__for_WEB.pdf- ./Mr_Ben_Hughes-Games_14566_-SoS_decision__Unrestricted__for_WEB.pdf- 13 ./Mr_Ben_Hughes-Games_14566_-SoS_decision__Unrestricted__for_WEB.pdf- -- ./Mr_Ben_Hughes-Games_14566_-SoS_decision__Unrestricted__for_WEB.pdf-In the list of such behaviours, those that are relevant in this case are: ./Mr_Ben_Hughes-Games_14566_-SoS_decision__Unrestricted__for_WEB.pdf- ./Mr_Ben_Hughes-Games_14566_-SoS_decision__Unrestricted__for_WEB.pdf-  serious departure from the personal and professional conduct elements of the ./Mr_Ben_Hughes-Games_14566_-SoS_decision__Unrestricted__for_WEB.pdf- Teachers’ Standards; ./Mr_Ben_Hughes-Games_14566_-SoS_decision__Unrestricted__for_WEB.pdf-  misconduct seriously affecting the education and/or well-being of pupils, and ./Mr_Ben_Hughes-Games_14566_-SoS_decision__Unrestricted__for_WEB.pdf- particularly where there is a continuing risk; ./Mr_Ben_Hughes-Games_14566_-SoS_decision__Unrestricted__for_WEB.pdf-  abuse of position or trust (particularly involving vulnerable pupils) or violation of the ./Mr_Ben_Hughes-Games_14566_-SoS_decision__Unrestricted__for_WEB.pdf- rights of pupils; ./Mr_Ben_Hughes-Games_14566_-SoS_decision__Unrestricted__for_WEB.pdf-  dishonesty especially where there have been serious consequences, and/or it has ./Mr_Ben_Hughes-Games_14566_-SoS_decision__Unrestricted__for_WEB.pdf- been repeated and/or covered up; ./Mr_Ben_Hughes-Games_14566_-SoS_decision__Unrestricted__for_WEB.pdf:  sexual misconduct, eg involving actions that were sexually motivated or of a ./Mr_Ben_Hughes-Games_14566_-SoS_decision__Unrestricted__for_WEB.pdf: sexual nature and/or that use or exploit the trust, knowledge or influence derived ./Mr_Ben_Hughes-Games_14566_-SoS_decision__Unrestricted__for_WEB.pdf- from the individual’s professional position; ./Mr_Ben_Hughes-Games_14566_-SoS_decision__Unrestricted__for_WEB.pdf-Even though there were behaviours that would point to a prohibition order being ./Mr_Ben_Hughes-Games_14566_-SoS_decision__Unrestricted__for_WEB.pdf-appropriate, the panel went on to consider whether or not there were sufficient mitigating ./Mr_Ben_Hughes-Games_14566_-SoS_decision__Unrestricted__for_WEB.pdf-factors to militate against a prohibition order being an appropriate and proportionate ./Mr_Ben_Hughes-Games_14566_-SoS_decision__Unrestricted__for_WEB.pdf-measure to impose, particularly taking into account the nature and severity of the ./Mr_Ben_Hughes-Games_14566_-SoS_decision__Unrestricted__for_WEB.pdf-behaviour in this case. ./Mr_Ben_Hughes-Games_14566_-SoS_decision__Unrestricted__for_WEB.pdf- ./Mr_Ben_Hughes-Games_14566_-SoS_decision__Unrestricted__for_WEB.pdf- ./Mr_Ben_Hughes-Games_14566_-SoS_decision__Unrestricted__for_WEB.pdf- ./Mr_Ben_Hughes-Games_14566_-SoS_decision__Unrestricted__for_WEB.pdf- -- ./Mr_Ben_Hughes-Games_14566_-SoS_decision__Unrestricted__for_WEB.pdf:The panel acknowledges Mr Hughes-Games' explanation that the sexual relationship did ./Mr_Ben_Hughes-Games_14566_-SoS_decision__Unrestricted__for_WEB.pdf-not continue beyond December 2009. The panel has dealt with the case on that basis. ./Mr_Ben_Hughes-Games_14566_-SoS_decision__Unrestricted__for_WEB.pdf- ./Mr_Ben_Hughes-Games_14566_-SoS_decision__Unrestricted__for_WEB.pdf-Mr Hughes-Games has a previous good history. However, his actions were deliberate ./Mr_Ben_Hughes-Games_14566_-SoS_decision__Unrestricted__for_WEB.pdf-and he was not acting under duress. ./Mr_Ben_Hughes-Games_14566_-SoS_decision__Unrestricted__for_WEB.pdf- ./Mr_Ben_Hughes-Games_14566_-SoS_decision__Unrestricted__for_WEB.pdf-The panel has considered the character reference provided by a former student. This ./Mr_Ben_Hughes-Games_14566_-SoS_decision__Unrestricted__for_WEB.pdf-confirmed that Mr Hughes-Games is always supportive of past students in their future ./Mr_Ben_Hughes-Games_14566_-SoS_decision__Unrestricted__for_WEB.pdf-careers and will always make time to offer advice or help. In addition, a reference from a ./Mr_Ben_Hughes-Games_14566_-SoS_decision__Unrestricted__for_WEB.pdf-former colleague states that Mr Hughes-Games was greatly liked and respected, not only ./Mr_Ben_Hughes-Games_14566_-SoS_decision__Unrestricted__for_WEB.pdf-by teachers he worked with, but also by the many students who grew to appreciate his -- ./Mr_Ben_Hughes-Games_14566_-SoS_decision__Unrestricted__for_WEB.pdf-The panel considered whether the public announcement of the panel's findings of ./Mr_Ben_Hughes-Games_14566_-SoS_decision__Unrestricted__for_WEB.pdf-unacceptable professional conduct and conduct that may bring the profession into ./Mr_Ben_Hughes-Games_14566_-SoS_decision__Unrestricted__for_WEB.pdf-disrepute would unacceptably compromise the achievement of the relevant objective ./Mr_Ben_Hughes-Games_14566_-SoS_decision__Unrestricted__for_WEB.pdf-(namely, the protection of the public interest) having regard to the severity of the ./Mr_Ben_Hughes-Games_14566_-SoS_decision__Unrestricted__for_WEB.pdf:consequences for Mr Hughes-Games. This case involves both sexual misconduct and ./Mr_Ben_Hughes-Games_14566_-SoS_decision__Unrestricted__for_WEB.pdf-dishonesty which, in the panel's view compromise the integrity of the profession. ./Mr_Ben_Hughes-Games_14566_-SoS_decision__Unrestricted__for_WEB.pdf- ./Mr_Ben_Hughes-Games_14566_-SoS_decision__Unrestricted__for_WEB.pdf-Accordingly, the panel makes a recommendation to the Secretary of State that a ./Mr_Ben_Hughes-Games_14566_-SoS_decision__Unrestricted__for_WEB.pdf-prohibition order should be imposed with immediate effect. ./Mr_Ben_Hughes-Games_14566_-SoS_decision__Unrestricted__for_WEB.pdf- ./Mr_Ben_Hughes-Games_14566_-SoS_decision__Unrestricted__for_WEB.pdf-The panel went on to consider whether or not it would be appropriate to recommend that ./Mr_Ben_Hughes-Games_14566_-SoS_decision__Unrestricted__for_WEB.pdf-a review period of the order should be considered. The panel were mindful that the ./Mr_Ben_Hughes-Games_14566_-SoS_decision__Unrestricted__for_WEB.pdf-Advice advises that a prohibition order applies for life, but there may be circumstances in ./Mr_Ben_Hughes-Games_14566_-SoS_decision__Unrestricted__for_WEB.pdf-any given case that may make it appropriate to allow a teacher to apply to have the ./Mr_Ben_Hughes-Games_14566_-SoS_decision__Unrestricted__for_WEB.pdf-prohibition order reviewed after a specified period of time that may not be less than 2 ./Mr_Ben_Hughes-Games_14566_-SoS_decision__Unrestricted__for_WEB.pdf-years. ./Mr_Ben_Hughes-Games_14566_-SoS_decision__Unrestricted__for_WEB.pdf- ./Mr_Ben_Hughes-Games_14566_-SoS_decision__Unrestricted__for_WEB.pdf-The Advice indicates that there are behaviours that, if proven, would militate against a ./Mr_Ben_Hughes-Games_14566_-SoS_decision__Unrestricted__for_WEB.pdf-review period being recommended. These behaviours include serious dishonesty and ./Mr_Ben_Hughes-Games_14566_-SoS_decision__Unrestricted__for_WEB.pdf:serious sexual misconduct. ./Mr_Ben_Hughes-Games_14566_-SoS_decision__Unrestricted__for_WEB.pdf- ./Mr_Ben_Hughes-Games_14566_-SoS_decision__Unrestricted__for_WEB.pdf-The panel felt the findings indicated a situation in which a review period would not be ./Mr_Ben_Hughes-Games_14566_-SoS_decision__Unrestricted__for_WEB.pdf-appropriate and as such decided that it would be proportionate in all the circumstances ./Mr_Ben_Hughes-Games_14566_-SoS_decision__Unrestricted__for_WEB.pdf-for the prohibition order to be recommended without provisions for a review period. ./Mr_Ben_Hughes-Games_14566_-SoS_decision__Unrestricted__for_WEB.pdf- ./Mr_Ben_Hughes-Games_14566_-SoS_decision__Unrestricted__for_WEB.pdf- ./Mr_Ben_Hughes-Games_14566_-SoS_decision__Unrestricted__for_WEB.pdf-Decision and reasons on behalf of the Secretary of State ./Mr_Ben_Hughes-Games_14566_-SoS_decision__Unrestricted__for_WEB.pdf-I have given very careful consideration to this case and to the recommendation made by ./Mr_Ben_Hughes-Games_14566_-SoS_decision__Unrestricted__for_WEB.pdf-the panel in respect of both sanction and review. ./Mr_Ben_Hughes-Games_14566_-SoS_decision__Unrestricted__for_WEB.pdf- ./Mr_Ben_Hughes-Games_14566_-SoS_decision__Unrestricted__for_WEB.pdf-Mr Hughes-Games admitted in the Statement of Agreed Facts that he was engaged in a ./Mr_Ben_Hughes-Games_14566_-SoS_decision__Unrestricted__for_WEB.pdf:sexual relationship with Pupil A until December 2009, and continued to engage in a ./Mr_Ben_Hughes-Games_14566_-SoS_decision__Unrestricted__for_WEB.pdf:sexual relationship with her whilst subject to the two formal warnings given in April and ./Mr_Ben_Hughes-Games_14566_-SoS_decision__Unrestricted__for_WEB.pdf-July 2009. ./Mr_Ben_Hughes-Games_14566_-SoS_decision__Unrestricted__for_WEB.pdf- ./Mr_Ben_Hughes-Games_14566_-SoS_decision__Unrestricted__for_WEB.pdf-The panel have found all of the allegations proven, and that Mr Hughes-Games is guilty ./Mr_Ben_Hughes-Games_14566_-SoS_decision__Unrestricted__for_WEB.pdf-of unprofessional conduct and conduct that may bring the profession into disrepute. ./Mr_Ben_Hughes-Games_14566_-SoS_decision__Unrestricted__for_WEB.pdf- ./Mr_Ben_Hughes-Games_14566_-SoS_decision__Unrestricted__for_WEB.pdf-I have taken into consideration the advice that is published by the Secretary of State ./Mr_Ben_Hughes-Games_14566_-SoS_decision__Unrestricted__for_WEB.pdf-concerning the prohibition of teachers. ./Mr_Ben_Hughes-Games_14566_-SoS_decision__Unrestricted__for_WEB.pdf- ./Mr_Ben_Hughes-Games_14566_-SoS_decision__Unrestricted__for_WEB.pdf-In this case, the panel has found that Mr Hughes-Games is in breach of the following ./Mr_Ben_Hughes-Games_14566_-SoS_decision__Unrestricted__for_WEB.pdf-standards: -- ./Mr_Ben_Hughes-Games_14566_-SoS_decision__Unrestricted__for_WEB.pdf-prohibited from teaching. The panel considered the following to be relevant in this case: ./Mr_Ben_Hughes-Games_14566_-SoS_decision__Unrestricted__for_WEB.pdf- ./Mr_Ben_Hughes-Games_14566_-SoS_decision__Unrestricted__for_WEB.pdf-  serious departure from the personal and professional conduct elements of the ./Mr_Ben_Hughes-Games_14566_-SoS_decision__Unrestricted__for_WEB.pdf- Teachers’ Standards; ./Mr_Ben_Hughes-Games_14566_-SoS_decision__Unrestricted__for_WEB.pdf-  misconduct seriously affecting the education and/or well-being of pupils, and ./Mr_Ben_Hughes-Games_14566_-SoS_decision__Unrestricted__for_WEB.pdf- particularly where there is a continuing risk; ./Mr_Ben_Hughes-Games_14566_-SoS_decision__Unrestricted__for_WEB.pdf-  abuse of position or trust (particularly involving vulnerable pupils) or violation of the ./Mr_Ben_Hughes-Games_14566_-SoS_decision__Unrestricted__for_WEB.pdf- rights of pupils; ./Mr_Ben_Hughes-Games_14566_-SoS_decision__Unrestricted__for_WEB.pdf-  dishonesty especially where there have been serious consequences, and/or it has ./Mr_Ben_Hughes-Games_14566_-SoS_decision__Unrestricted__for_WEB.pdf- been repeated and/or covered up; ./Mr_Ben_Hughes-Games_14566_-SoS_decision__Unrestricted__for_WEB.pdf:  sexual misconduct, eg involving actions that were sexually motivated or of a ./Mr_Ben_Hughes-Games_14566_-SoS_decision__Unrestricted__for_WEB.pdf: sexual nature and/or that use or exploit the trust, knowledge or influence derived ./Mr_Ben_Hughes-Games_14566_-SoS_decision__Unrestricted__for_WEB.pdf- from the individual’s professional position. ./Mr_Ben_Hughes-Games_14566_-SoS_decision__Unrestricted__for_WEB.pdf-In my consideration of this case, I have weighed the various elements of the public ./Mr_Ben_Hughes-Games_14566_-SoS_decision__Unrestricted__for_WEB.pdf-interest alongside the interests of the teacher. Mr Hughes-Games volunteered that he ./Mr_Ben_Hughes-Games_14566_-SoS_decision__Unrestricted__for_WEB.pdf- ./Mr_Ben_Hughes-Games_14566_-SoS_decision__Unrestricted__for_WEB.pdf- ./Mr_Ben_Hughes-Games_14566_-SoS_decision__Unrestricted__for_WEB.pdf- ./Mr_Ben_Hughes-Games_14566_-SoS_decision__Unrestricted__for_WEB.pdf- 17 ./Mr_Ben_Hughes-Games_14566_-SoS_decision__Unrestricted__for_WEB.pdf- -- ./Mr_Ben_Hughes-Games_14566_-SoS_decision__Unrestricted__for_WEB.pdf- ./Mr_Ben_Hughes-Games_14566_-SoS_decision__Unrestricted__for_WEB.pdf-For these reasons, I am accepting the recommendation of the panel that prohibition from ./Mr_Ben_Hughes-Games_14566_-SoS_decision__Unrestricted__for_WEB.pdf-teaching is both a proportionate and appropriate response. I am imposing a prohibition ./Mr_Ben_Hughes-Games_14566_-SoS_decision__Unrestricted__for_WEB.pdf-order on Mr Hughes-Games. In my judgement and having weighed all the issues and ./Mr_Ben_Hughes-Games_14566_-SoS_decision__Unrestricted__for_WEB.pdf-considered the published advice, I consider that to be proportionate and in the public ./Mr_Ben_Hughes-Games_14566_-SoS_decision__Unrestricted__for_WEB.pdf-interest. ./Mr_Ben_Hughes-Games_14566_-SoS_decision__Unrestricted__for_WEB.pdf- ./Mr_Ben_Hughes-Games_14566_-SoS_decision__Unrestricted__for_WEB.pdf-I now turn to the matter of a review period. In considering this, I am mindful that the ./Mr_Ben_Hughes-Games_14566_-SoS_decision__Unrestricted__for_WEB.pdf-Advice indicates that there are behaviours that, if proven, would militate against a review ./Mr_Ben_Hughes-Games_14566_-SoS_decision__Unrestricted__for_WEB.pdf-period being recommended. These behaviours include serious dishonesty and serious ./Mr_Ben_Hughes-Games_14566_-SoS_decision__Unrestricted__for_WEB.pdf:sexual misconduct. ./Mr_Ben_Hughes-Games_14566_-SoS_decision__Unrestricted__for_WEB.pdf- ./Mr_Ben_Hughes-Games_14566_-SoS_decision__Unrestricted__for_WEB.pdf-The panel felt the findings indicated a situation in which a review period would not be ./Mr_Ben_Hughes-Games_14566_-SoS_decision__Unrestricted__for_WEB.pdf-appropriate and as such decided that it would be proportionate in all the circumstances ./Mr_Ben_Hughes-Games_14566_-SoS_decision__Unrestricted__for_WEB.pdf-for the prohibition order to be recommended without provisions for a review period. ./Mr_Ben_Hughes-Games_14566_-SoS_decision__Unrestricted__for_WEB.pdf- ./Mr_Ben_Hughes-Games_14566_-SoS_decision__Unrestricted__for_WEB.pdf-I agree with the panel. In my view, it is both proportionate and appropriate that the ./Mr_Ben_Hughes-Games_14566_-SoS_decision__Unrestricted__for_WEB.pdf-prohibition order should be imposed with no opportunity for review. ./Mr_Ben_Hughes-Games_14566_-SoS_decision__Unrestricted__for_WEB.pdf- ./Mr_Ben_Hughes-Games_14566_-SoS_decision__Unrestricted__for_WEB.pdf-This means that Mr Ben Hughes-Games is prohibited from teaching indefinitely ./Mr_Ben_Hughes-Games_14566_-SoS_decision__Unrestricted__for_WEB.pdf-and cannot teach in any school, sixth form college, relevant youth accommodation ./Mr_Brendan_O_Brien_13202_-_WEB_decision.pdf- ./Mr_Brendan_O_Brien_13202_-_WEB_decision.pdf- ii. put his hand on his upper leg close to his groin area; ./Mr_Brendan_O_Brien_13202_-_WEB_decision.pdf- ./Mr_Brendan_O_Brien_13202_-_WEB_decision.pdf- j. in relation to Pupil I, including that on one occasion or more he stroked him on ./Mr_Brendan_O_Brien_13202_-_WEB_decision.pdf- the upper leg; ./Mr_Brendan_O_Brien_13202_-_WEB_decision.pdf- ./Mr_Brendan_O_Brien_13202_-_WEB_decision.pdf- k. in relation to Pupil J, including that on one occasion or more he touched him on ./Mr_Brendan_O_Brien_13202_-_WEB_decision.pdf- the leg; ./Mr_Brendan_O_Brien_13202_-_WEB_decision.pdf- ./Mr_Brendan_O_Brien_13202_-_WEB_decision.pdf- 2. His behaviour towards one or more of the pupils referred to at 1 above was ./Mr_Brendan_O_Brien_13202_-_WEB_decision.pdf: conduct of a sexual nature and/or was sexually motivated. ./Mr_Brendan_O_Brien_13202_-_WEB_decision.pdf- ./Mr_Brendan_O_Brien_13202_-_WEB_decision.pdf- ./Mr_Brendan_O_Brien_13202_-_WEB_decision.pdf-C. Preliminary applications ./Mr_Brendan_O_Brien_13202_-_WEB_decision.pdf-Decision on proceeding in absence of teacher ./Mr_Brendan_O_Brien_13202_-_WEB_decision.pdf- ./Mr_Brendan_O_Brien_13202_-_WEB_decision.pdf-The panel has considered whether this hearing should continue in the absence of the ./Mr_Brendan_O_Brien_13202_-_WEB_decision.pdf-teacher. ./Mr_Brendan_O_Brien_13202_-_WEB_decision.pdf- ./Mr_Brendan_O_Brien_13202_-_WEB_decision.pdf-The panel is satisfied that the National College has complied with the service ./Mr_Brendan_O_Brien_13202_-_WEB_decision.pdf-requirements of paragraph 19 a to c of the Teachers’ Disciplinary (England) Regulations -- ./Mr_Brendan_O_Brien_13202_-_WEB_decision.pdf- ./Mr_Brendan_O_Brien_13202_-_WEB_decision.pdf-In January 2014, Pupil E informed his parents and the headteacher that Mr O’Brien ./Mr_Brendan_O_Brien_13202_-_WEB_decision.pdf-touched him, leading to a visit from the police and social services. It was during late ./Mr_Brendan_O_Brien_13202_-_WEB_decision.pdf-January – February 2014 that Pupils A, B, C and D informed their parents that Mr O’Brien ./Mr_Brendan_O_Brien_13202_-_WEB_decision.pdf-had touched them. ./Mr_Brendan_O_Brien_13202_-_WEB_decision.pdf- ./Mr_Brendan_O_Brien_13202_-_WEB_decision.pdf-An investigation conducted by the Local Authority followed in September 2014 in relation ./Mr_Brendan_O_Brien_13202_-_WEB_decision.pdf-to the headteacher’s handling of safeguarding concerns. ./Mr_Brendan_O_Brien_13202_-_WEB_decision.pdf- ./Mr_Brendan_O_Brien_13202_-_WEB_decision.pdf-A trial proceeded at Leeds Crown Court during January 2015 in relation to the allegations ./Mr_Brendan_O_Brien_13202_-_WEB_decision.pdf:of sexual touching. Mr O’Brien was acquitted of all criminal charges. ./Mr_Brendan_O_Brien_13202_-_WEB_decision.pdf- ./Mr_Brendan_O_Brien_13202_-_WEB_decision.pdf-Findings of fact ./Mr_Brendan_O_Brien_13202_-_WEB_decision.pdf-Our findings of fact are as follows: ./Mr_Brendan_O_Brien_13202_-_WEB_decision.pdf- ./Mr_Brendan_O_Brien_13202_-_WEB_decision.pdf-The panel has found the following particulars of the allegation(s) against you proven, for ./Mr_Brendan_O_Brien_13202_-_WEB_decision.pdf-these reasons: ./Mr_Brendan_O_Brien_13202_-_WEB_decision.pdf- ./Mr_Brendan_O_Brien_13202_-_WEB_decision.pdf- 1. You engaged in inappropriate behaviour; ./Mr_Brendan_O_Brien_13202_-_WEB_decision.pdf- ./Mr_Brendan_O_Brien_13202_-_WEB_decision.pdf- b. in that you regularly put your hand on pupils’ knees when such contact -- ./Mr_Brendan_O_Brien_13202_-_WEB_decision.pdf-following Monday. Witness B liked Mr O’Brien and got on well with him professionally. ./Mr_Brendan_O_Brien_13202_-_WEB_decision.pdf-The panel tested the evidence of Witness B and she was very clear and detailed in her ./Mr_Brendan_O_Brien_13202_-_WEB_decision.pdf-recollection of the incident and demonstrated to the panel what she had seen and where ./Mr_Brendan_O_Brien_13202_-_WEB_decision.pdf-Mr O’Brien’s hand was on Pupil G. Her evidence was that Mr O’Brien was crouched ./Mr_Brendan_O_Brien_13202_-_WEB_decision.pdf-down beside Pupil G with his left hand on Pupil G’s upper thigh close to his groin area. ./Mr_Brendan_O_Brien_13202_-_WEB_decision.pdf- ./Mr_Brendan_O_Brien_13202_-_WEB_decision.pdf-On the balance of probabilities, the panel considered Witness B’s oral evidence to carry ./Mr_Brendan_O_Brien_13202_-_WEB_decision.pdf-more weight than Mr O’Brien’s denial and therefore found this allegation to be proven. ./Mr_Brendan_O_Brien_13202_-_WEB_decision.pdf- ./Mr_Brendan_O_Brien_13202_-_WEB_decision.pdf- 2. Your behaviour towards one or more of the pupils referred to at 1 above was ./Mr_Brendan_O_Brien_13202_-_WEB_decision.pdf: conduct of a sexual nature and/or was sexually motivated. ./Mr_Brendan_O_Brien_13202_-_WEB_decision.pdf- ./Mr_Brendan_O_Brien_13202_-_WEB_decision.pdf-This allegation is wholly denied by Mr O’Brien. ./Mr_Brendan_O_Brien_13202_-_WEB_decision.pdf- ./Mr_Brendan_O_Brien_13202_-_WEB_decision.pdf:The panel considered the two stage test for sexual motivation. In relation to allegations ./Mr_Brendan_O_Brien_13202_-_WEB_decision.pdf-1.b., 1. d i. and 1. e. i. the panel was not satisfied that Mr O’Brien’s actions could be ./Mr_Brendan_O_Brien_13202_-_WEB_decision.pdf:viewed by a reasonable person as being sexually motivated. ./Mr_Brendan_O_Brien_13202_-_WEB_decision.pdf- ./Mr_Brendan_O_Brien_13202_-_WEB_decision.pdf:Following detailed discussion regarding the test to be applied for a finding of sexual ./Mr_Brendan_O_Brien_13202_-_WEB_decision.pdf-motivation and upon in-depth consideration of the evidence, the panel decided that Mr ./Mr_Brendan_O_Brien_13202_-_WEB_decision.pdf:O’Brien’s actions in relation to allegation 1. i. ii. were sexually motivated. In reaching this ./Mr_Brendan_O_Brien_13202_-_WEB_decision.pdf-decision, the panel noted that the reasonable person would view touching a pupil on his ./Mr_Brendan_O_Brien_13202_-_WEB_decision.pdf:upper leg close to his groin area could be sexually motivated, given the proximity of the ./Mr_Brendan_O_Brien_13202_-_WEB_decision.pdf-touching to the groin area. As the first limb of the test was satisfied, the panel therefore ./Mr_Brendan_O_Brien_13202_-_WEB_decision.pdf-went on to consider the second limb of the test, namely whether, in all the circumstances ./Mr_Brendan_O_Brien_13202_-_WEB_decision.pdf:of the case, it was more likely than not that Mr O’Brien’s purpose was sexual. Witness B ./Mr_Brendan_O_Brien_13202_-_WEB_decision.pdf-demonstrated very clearly that Mr O’Brien touched Pupil G close to the groin area and ./Mr_Brendan_O_Brien_13202_-_WEB_decision.pdf-she witnessed this for approximately 10 seconds. The panel finds that these actions were ./Mr_Brendan_O_Brien_13202_-_WEB_decision.pdf-not accidental or justified in the context of a pupil / teacher relationship. Additionally, the ./Mr_Brendan_O_Brien_13202_-_WEB_decision.pdf-position of Mr O’Brien’s hand and the duration of contact makes Mr O’Brien’s actions ./Mr_Brendan_O_Brien_13202_-_WEB_decision.pdf:more likely than not to have been sexually motivated. ./Mr_Brendan_O_Brien_13202_-_WEB_decision.pdf- ./Mr_Brendan_O_Brien_13202_-_WEB_decision.pdf- ./Mr_Brendan_O_Brien_13202_-_WEB_decision.pdf- ./Mr_Brendan_O_Brien_13202_-_WEB_decision.pdf- ./Mr_Brendan_O_Brien_13202_-_WEB_decision.pdf- 11 ./Mr_Brendan_O_Brien_13202_-_WEB_decision.pdf- -- ./Mr_Brendan_O_Brien_13202_-_WEB_decision.pdf-The panel concluded that Mr O’Brien’s behaviour towards one or more of the pupils ./Mr_Brendan_O_Brien_13202_-_WEB_decision.pdf:referred to at allegation 1 above was conduct of a sexual nature and/or was sexually ./Mr_Brendan_O_Brien_13202_-_WEB_decision.pdf-motivated and therefore the panel found this allegation proven. ./Mr_Brendan_O_Brien_13202_-_WEB_decision.pdf- ./Mr_Brendan_O_Brien_13202_-_WEB_decision.pdf- ./Mr_Brendan_O_Brien_13202_-_WEB_decision.pdf- ./Mr_Brendan_O_Brien_13202_-_WEB_decision.pdf-The panel has found the following particulars of the allegation(s) against you not proven, ./Mr_Brendan_O_Brien_13202_-_WEB_decision.pdf-for these reasons: ./Mr_Brendan_O_Brien_13202_-_WEB_decision.pdf- ./Mr_Brendan_O_Brien_13202_-_WEB_decision.pdf- 1. You engaged in inappropriate behaviour; ./Mr_Brendan_O_Brien_13202_-_WEB_decision.pdf- ./Mr_Brendan_O_Brien_13202_-_WEB_decision.pdf- a. in that you displayed favouritism towards one or more male pupils, -- ./Mr_Brendan_O_Brien_13202_-_WEB_decision.pdf-The panel is satisfied that the conduct of Mr O’Brien fell significantly short of the ./Mr_Brendan_O_Brien_13202_-_WEB_decision.pdf-standards expected of the profession. ./Mr_Brendan_O_Brien_13202_-_WEB_decision.pdf- ./Mr_Brendan_O_Brien_13202_-_WEB_decision.pdf-The panel has also considered whether Mr O’Brien’s conduct displayed behaviours ./Mr_Brendan_O_Brien_13202_-_WEB_decision.pdf-associated with any of the offences listed on pages 8 and 9 of the Advice and the panel ./Mr_Brendan_O_Brien_13202_-_WEB_decision.pdf:has found that the offence of sexual activity is relevant. ./Mr_Brendan_O_Brien_13202_-_WEB_decision.pdf- ./Mr_Brendan_O_Brien_13202_-_WEB_decision.pdf-The Advice indicates that where behaviours associated with such an offence exist, a ./Mr_Brendan_O_Brien_13202_-_WEB_decision.pdf-panel is likely to conclude that an individual’s conduct would amount to unacceptable ./Mr_Brendan_O_Brien_13202_-_WEB_decision.pdf-professional conduct. ./Mr_Brendan_O_Brien_13202_-_WEB_decision.pdf- ./Mr_Brendan_O_Brien_13202_-_WEB_decision.pdf-Accordingly, the panel is satisfied that Mr O’Brien is guilty of unacceptable professional ./Mr_Brendan_O_Brien_13202_-_WEB_decision.pdf-conduct. ./Mr_Brendan_O_Brien_13202_-_WEB_decision.pdf- ./Mr_Brendan_O_Brien_13202_-_WEB_decision.pdf-The panel has taken into account how the teaching profession is viewed by others and ./Mr_Brendan_O_Brien_13202_-_WEB_decision.pdf-considered the influence that teachers may have on pupils, parents and others in the -- ./Mr_Brendan_O_Brien_13202_-_WEB_decision.pdf-O’Brien. The panel took further account of the Advice, which suggests that a prohibition ./Mr_Brendan_O_Brien_13202_-_WEB_decision.pdf-order may be appropriate if certain behaviours of a teacher have been proven. In the list ./Mr_Brendan_O_Brien_13202_-_WEB_decision.pdf-of such behaviours, those that are relevant in this case are: ./Mr_Brendan_O_Brien_13202_-_WEB_decision.pdf- ./Mr_Brendan_O_Brien_13202_-_WEB_decision.pdf-  serious departure from the personal and professional conduct elements of the ./Mr_Brendan_O_Brien_13202_-_WEB_decision.pdf- Teachers’ Standards; ./Mr_Brendan_O_Brien_13202_-_WEB_decision.pdf-  misconduct seriously affecting the education and/or well-being of pupils, and ./Mr_Brendan_O_Brien_13202_-_WEB_decision.pdf- particularly where there is a continuing risk; ./Mr_Brendan_O_Brien_13202_-_WEB_decision.pdf-  abuse of position or trust (particularly involving vulnerable pupils) or violation of the ./Mr_Brendan_O_Brien_13202_-_WEB_decision.pdf- rights of pupils; ./Mr_Brendan_O_Brien_13202_-_WEB_decision.pdf:  sexual misconduct, e.g. involving actions that were sexually motivated or of a ./Mr_Brendan_O_Brien_13202_-_WEB_decision.pdf: sexual nature and/or that use or exploit the trust, knowledge or influence derived ./Mr_Brendan_O_Brien_13202_-_WEB_decision.pdf- from the individual’s professional position; ./Mr_Brendan_O_Brien_13202_-_WEB_decision.pdf-Even though there were behaviours that would point to a prohibition order being ./Mr_Brendan_O_Brien_13202_-_WEB_decision.pdf-appropriate, the panel went on to consider whether or not there were sufficient mitigating ./Mr_Brendan_O_Brien_13202_-_WEB_decision.pdf-factors to militate against a prohibition order being an appropriate and proportionate ./Mr_Brendan_O_Brien_13202_-_WEB_decision.pdf- ./Mr_Brendan_O_Brien_13202_-_WEB_decision.pdf- ./Mr_Brendan_O_Brien_13202_-_WEB_decision.pdf- ./Mr_Brendan_O_Brien_13202_-_WEB_decision.pdf- 18 ./Mr_Brendan_O_Brien_13202_-_WEB_decision.pdf- -- ./Mr_Brendan_O_Brien_13202_-_WEB_decision.pdf-be imposed with immediate effect. ./Mr_Brendan_O_Brien_13202_-_WEB_decision.pdf- ./Mr_Brendan_O_Brien_13202_-_WEB_decision.pdf-The panel went on to consider whether or not it would be appropriate for them to decide ./Mr_Brendan_O_Brien_13202_-_WEB_decision.pdf-to recommend that a review period of the order should be considered. The panel were ./Mr_Brendan_O_Brien_13202_-_WEB_decision.pdf-mindful that the Advice advises that a prohibition order applies for life, but there may be ./Mr_Brendan_O_Brien_13202_-_WEB_decision.pdf-circumstances in any given case that may make it appropriate to allow a teacher to apply ./Mr_Brendan_O_Brien_13202_-_WEB_decision.pdf-to have the prohibition order reviewed after a specified period of time that may not be ./Mr_Brendan_O_Brien_13202_-_WEB_decision.pdf-less than 2 years. ./Mr_Brendan_O_Brien_13202_-_WEB_decision.pdf- ./Mr_Brendan_O_Brien_13202_-_WEB_decision.pdf-The Advice indicates that there are behaviours that, if proven, would militate against a ./Mr_Brendan_O_Brien_13202_-_WEB_decision.pdf:review period being recommended. These behaviours include serious sexual ./Mr_Brendan_O_Brien_13202_-_WEB_decision.pdf:misconduct, e.g. where the act was sexually motivated and resulted in or had the ./Mr_Brendan_O_Brien_13202_-_WEB_decision.pdf-potential to result in, harm to a person or persons. ./Mr_Brendan_O_Brien_13202_-_WEB_decision.pdf- ./Mr_Brendan_O_Brien_13202_-_WEB_decision.pdf-The panel has found that Mr O’Brien has made physical contact with pupils and it has ./Mr_Brendan_O_Brien_13202_-_WEB_decision.pdf:found one particular instance of this to have been sexually motivated. ./Mr_Brendan_O_Brien_13202_-_WEB_decision.pdf- ./Mr_Brendan_O_Brien_13202_-_WEB_decision.pdf-Mr O’Brien has denied all of the allegations raised against him, and the panel note that ./Mr_Brendan_O_Brien_13202_-_WEB_decision.pdf-he has not demonstrated any insight into his inappropriate conduct or the impact on the ./Mr_Brendan_O_Brien_13202_-_WEB_decision.pdf-pupils. Mr O’Brien also has not expressed any remorse for the resultant consequences of ./Mr_Brendan_O_Brien_13202_-_WEB_decision.pdf-his actions. ./Mr_Brendan_O_Brien_13202_-_WEB_decision.pdf- ./Mr_Brendan_O_Brien_13202_-_WEB_decision.pdf-The panel felt the findings indicated a situation in which a review period would not be ./Mr_Brendan_O_Brien_13202_-_WEB_decision.pdf-appropriate and as such decided that it would be proportionate in all the circumstances ./Mr_Brendan_O_Brien_13202_-_WEB_decision.pdf-for the prohibition order to be recommended without provision for a review period. ./Mr_Brendan_O_Brien_13202_-_WEB_decision.pdf- -- ./Mr_Brendan_O_Brien_13202_-_WEB_decision.pdf-State. That Advice suggests that a prohibition order may be appropriate if certain ./Mr_Brendan_O_Brien_13202_-_WEB_decision.pdf-behaviours of a teacher have been proven. In the list of such behaviours, those that are ./Mr_Brendan_O_Brien_13202_-_WEB_decision.pdf-relevant in this case are: ./Mr_Brendan_O_Brien_13202_-_WEB_decision.pdf- ./Mr_Brendan_O_Brien_13202_-_WEB_decision.pdf-  serious departure from the personal and professional conduct elements of the ./Mr_Brendan_O_Brien_13202_-_WEB_decision.pdf- Teachers’ Standards; ./Mr_Brendan_O_Brien_13202_-_WEB_decision.pdf-  misconduct seriously affecting the education and/or well-being of pupils, and ./Mr_Brendan_O_Brien_13202_-_WEB_decision.pdf- particularly where there is a continuing risk; ./Mr_Brendan_O_Brien_13202_-_WEB_decision.pdf-  abuse of position or trust (particularly involving vulnerable pupils) or violation of the ./Mr_Brendan_O_Brien_13202_-_WEB_decision.pdf- rights of pupils; ./Mr_Brendan_O_Brien_13202_-_WEB_decision.pdf:  sexual misconduct, e.g. involving actions that were sexually motivated or of a ./Mr_Brendan_O_Brien_13202_-_WEB_decision.pdf: sexual nature and/or that use or exploit the trust, knowledge or influence derived ./Mr_Brendan_O_Brien_13202_-_WEB_decision.pdf- from the individual’s professional position. ./Mr_Brendan_O_Brien_13202_-_WEB_decision.pdf- ./Mr_Brendan_O_Brien_13202_-_WEB_decision.pdf- 20 ./Mr_Brendan_O_Brien_13202_-_WEB_decision.pdf- -- ./Mr_Brendan_O_Brien_13202_-_WEB_decision.pdf-abuse of his position of trust and the serious impact of his conduct on the welfare of the ./Mr_Brendan_O_Brien_13202_-_WEB_decision.pdf-pupils, and the impact on the reputation of the teaching profession was a significant ./Mr_Brendan_O_Brien_13202_-_WEB_decision.pdf-factor in forming that opinion. ./Mr_Brendan_O_Brien_13202_-_WEB_decision.pdf- ./Mr_Brendan_O_Brien_13202_-_WEB_decision.pdf-I support the recommendation made by the panel. This was a serious case and it is ./Mr_Brendan_O_Brien_13202_-_WEB_decision.pdf-appropriate, proportionate and in the public interest that Mr O’Brien be prohibited from ./Mr_Brendan_O_Brien_13202_-_WEB_decision.pdf-teaching. ./Mr_Brendan_O_Brien_13202_-_WEB_decision.pdf- ./Mr_Brendan_O_Brien_13202_-_WEB_decision.pdf-I now turn to the matter of a review period. I have taken into account the Advice which ./Mr_Brendan_O_Brien_13202_-_WEB_decision.pdf-indicates that there are behaviours that, if proven, would militate against a review period ./Mr_Brendan_O_Brien_13202_-_WEB_decision.pdf:being allowed. These behaviours include serious sexual misconduct. ./Mr_Brendan_O_Brien_13202_-_WEB_decision.pdf- ./Mr_Brendan_O_Brien_13202_-_WEB_decision.pdf-I note the panel found that Mr O’Brien has not demonstrated any insight into his ./Mr_Brendan_O_Brien_13202_-_WEB_decision.pdf-inappropriate conduct or the impact on the pupils. Neither has he expressed any remorse ./Mr_Brendan_O_Brien_13202_-_WEB_decision.pdf-for the resultant consequences of his actions. For the reasons stated above, I support the ./Mr_Brendan_O_Brien_13202_-_WEB_decision.pdf-recommendation that there be no review period. ./Mr_Brendan_O_Brien_13202_-_WEB_decision.pdf- ./Mr_Brendan_O_Brien_13202_-_WEB_decision.pdf-This means that Mr Brendan O’Brien is prohibited from teaching indefinitely and ./Mr_Brendan_O_Brien_13202_-_WEB_decision.pdf-cannot teach in any school, sixth form college, relevant youth accommodation or ./Mr_Brendan_O_Brien_13202_-_WEB_decision.pdf-children’s home in England. Furthermore, in view of the seriousness of the allegations ./Mr_Brendan_O_Brien_13202_-_WEB_decision.pdf-found proved against him, I have decided that Mr O’Brien shall not be entitled to apply for ./Mr_Daniel_Butterfield.pdf-Mr Butterfield was employed as assistant head teacher, at Tidemill Academy, from 1 ./Mr_Daniel_Butterfield.pdf-September 2013 until he resigned on 28 July 2019. Within his role Mr Butterfield also ./Mr_Daniel_Butterfield.pdf-taught Year 6 classes English and Maths. ./Mr_Daniel_Butterfield.pdf- ./Mr_Daniel_Butterfield.pdf-The school was informed by the police in August 2018 that Mr Butterfield had been ./Mr_Daniel_Butterfield.pdf:arrested for offences relating to sexual communication with a child and indecent images ./Mr_Daniel_Butterfield.pdf-of children. Mr Butterfield was prevented from returning to his role at the school, due to ./Mr_Daniel_Butterfield.pdf-his bail conditions, and he was later suspended on 3 September 2018. ./Mr_Daniel_Butterfield.pdf- ./Mr_Daniel_Butterfield.pdf-Mr Butterfield appeared in court on 9 September 2019 and was convicted of 13 offences, ./Mr_Daniel_Butterfield.pdf:including attempting or engaging in sexual communication with a child and attempting to ./Mr_Daniel_Butterfield.pdf:cause a female child under 16 to engage in sexual activity, all of which he pleaded guilty ./Mr_Daniel_Butterfield.pdf-to. ./Mr_Daniel_Butterfield.pdf- ./Mr_Daniel_Butterfield.pdf-Findings of fact ./Mr_Daniel_Butterfield.pdf- ./Mr_Daniel_Butterfield.pdf-The findings of fact are as follows: ./Mr_Daniel_Butterfield.pdf- ./Mr_Daniel_Butterfield.pdf-The panel found the following particulars of the allegation(s) against you proved, for ./Mr_Daniel_Butterfield.pdf-these reasons: ./Mr_Daniel_Butterfield.pdf- ./Mr_Daniel_Butterfield.pdf-On or around 9 September 2019, you were convicted at The Crown Court at -- ./Mr_Daniel_Butterfield.pdf- ./Mr_Daniel_Butterfield.pdf-The panel was satisfied that Mr Butterfield’s behaviour could have had an impact on the ./Mr_Daniel_Butterfield.pdf-safety and/or security of pupils. ./Mr_Daniel_Butterfield.pdf- ./Mr_Daniel_Butterfield.pdf-The panel considered that Mr Butterfield’s behaviour in committing the offences could ./Mr_Daniel_Butterfield.pdf-affect public confidence in the teaching profession, given the influence that teachers may ./Mr_Daniel_Butterfield.pdf-have on pupils, parents and others in the community. ./Mr_Daniel_Butterfield.pdf- ./Mr_Daniel_Butterfield.pdf-The panel noted that Mr Butterfield’s behaviour ultimately led to a sentence of ./Mr_Daniel_Butterfield.pdf-imprisonment, (albeit that it was suspended) and to Mr Butterfield being placed on the ./Mr_Daniel_Butterfield.pdf:sex offenders register for a period of 10 years. The panel considered that this was ./Mr_Daniel_Butterfield.pdf-indicative of the seriousness of the offences committed. ./Mr_Daniel_Butterfield.pdf- ./Mr_Daniel_Butterfield.pdf-The panel noted pages 10 and 11 of the Advice, which state that any activity involving (a) ./Mr_Daniel_Butterfield.pdf:sexual activity and/or (b) viewing, taking, making, possessing, distributing, or publishing ./Mr_Daniel_Butterfield.pdf-any indecent photograph or image or pseudo photograph or image of a child, or ./Mr_Daniel_Butterfield.pdf-permitting any such activity, including one off incidents, is likely to be considered a ./Mr_Daniel_Butterfield.pdf-relevant offence. ./Mr_Daniel_Butterfield.pdf- ./Mr_Daniel_Butterfield.pdf-Accordingly, the panel was satisfied that Mr Butterfield was convicted of a relevant ./Mr_Daniel_Butterfield.pdf-offence. ./Mr_Daniel_Butterfield.pdf- ./Mr_Daniel_Butterfield.pdf- ./Mr_Daniel_Butterfield.pdf- ./Mr_Daniel_Butterfield.pdf- -- ./Mr_Daniel_Butterfield.pdf-apportioned, although they are likely to have punitive effect. ./Mr_Daniel_Butterfield.pdf- ./Mr_Daniel_Butterfield.pdf-The panel had regard to the particular public interest considerations set out in the Advice ./Mr_Daniel_Butterfield.pdf-and, having done so, found a number of them to be relevant in this case, namely the ./Mr_Daniel_Butterfield.pdf-protection of pupils, the protection of other members of the public, the maintenance of ./Mr_Daniel_Butterfield.pdf-public confidence in the profession and declaring and upholding proper standards of ./Mr_Daniel_Butterfield.pdf-conduct. ./Mr_Daniel_Butterfield.pdf- ./Mr_Daniel_Butterfield.pdf-In the light of the panel’s findings against Mr Butterfield, there was a strong public interest ./Mr_Daniel_Butterfield.pdf-consideration in respect of the protection of pupils given the seriousness of the ./Mr_Daniel_Butterfield.pdf:allegations which relate to sexual offences involving children. ./Mr_Daniel_Butterfield.pdf- ./Mr_Daniel_Butterfield.pdf-Similarly, the panel considered that public confidence in the profession could be seriously ./Mr_Daniel_Butterfield.pdf-weakened if conduct such as that found against Mr Butterfield were not treated with the ./Mr_Daniel_Butterfield.pdf-utmost seriousness when regulating the conduct of the profession. ./Mr_Daniel_Butterfield.pdf- ./Mr_Daniel_Butterfield.pdf-The panel decided that a strong public interest consideration in declaring proper ./Mr_Daniel_Butterfield.pdf-standards of conduct in the profession was also present as the conduct found against Mr ./Mr_Daniel_Butterfield.pdf-Butterfield was outside that which could reasonably be tolerated. ./Mr_Daniel_Butterfield.pdf- ./Mr_Daniel_Butterfield.pdf-Notwithstanding the clear public interest considerations that were present, the panel -- ./Mr_Daniel_Butterfield.pdf- • serious departure from the personal and professional conduct elements of the ./Mr_Daniel_Butterfield.pdf- Teachers’ Standards; ./Mr_Daniel_Butterfield.pdf- ./Mr_Daniel_Butterfield.pdf- • misconduct seriously affecting the education and/or well-being of pupils, and ./Mr_Daniel_Butterfield.pdf- particularly where there is a continuing risk; ./Mr_Daniel_Butterfield.pdf- ./Mr_Daniel_Butterfield.pdf: • sexual misconduct, for example, involving actions that were sexually motivated ./Mr_Daniel_Butterfield.pdf: or of a sexual nature and/or that use or exploit the trust, knowledge or influence ./Mr_Daniel_Butterfield.pdf- derived from the individual’s professional position; ./Mr_Daniel_Butterfield.pdf- ./Mr_Daniel_Butterfield.pdf- • any activity involving viewing, taking, making, possessing, distributing or ./Mr_Daniel_Butterfield.pdf- publishing any indecent photograph or image or pseudo photograph or image ./Mr_Daniel_Butterfield.pdf- of a child, or permitting such activity, including one-off incidents; ./Mr_Daniel_Butterfield.pdf- ./Mr_Daniel_Butterfield.pdf- • the commission of a serious criminal offence, including those that resulted in a ./Mr_Daniel_Butterfield.pdf- conviction or caution, paying particular attention to offences that are ‘relevant ./Mr_Daniel_Butterfield.pdf- matters’ for the purposes of The Police Act 1997 and criminal record ./Mr_Daniel_Butterfield.pdf- disclosures. -- ./Mr_Daniel_Butterfield.pdf-a review period of the order should be considered. The panel was mindful that the Advice ./Mr_Daniel_Butterfield.pdf-states that a prohibition order applies for life, but there may be circumstances, in any ./Mr_Daniel_Butterfield.pdf-given case, that may make it appropriate to allow a teacher to apply to have the ./Mr_Daniel_Butterfield.pdf-prohibition order reviewed after a specified period of time that may not be less than 2 ./Mr_Daniel_Butterfield.pdf-years. ./Mr_Daniel_Butterfield.pdf- ./Mr_Daniel_Butterfield.pdf-The Advice indicates that there are behaviours that, if proved, would militate against the ./Mr_Daniel_Butterfield.pdf-recommendation of a review period. The panel considered that the following were ./Mr_Daniel_Butterfield.pdf-relevant in respect of Mr Butterfield: ./Mr_Daniel_Butterfield.pdf- ./Mr_Daniel_Butterfield.pdf: • serious sexual misconduct, e.g. where the act was sexually motivated and ./Mr_Daniel_Butterfield.pdf- resulted in, or had the potential to result in, harm to a person or persons, ./Mr_Daniel_Butterfield.pdf- particularly where the individual has used their professional position to ./Mr_Daniel_Butterfield.pdf- influence or exploit a person or persons; ./Mr_Daniel_Butterfield.pdf- ./Mr_Daniel_Butterfield.pdf- ./Mr_Daniel_Butterfield.pdf- ./Mr_Daniel_Butterfield.pdf- ./Mr_Daniel_Butterfield.pdf- 12 ./Mr_Daniel_Butterfield.pdf- -- ./Mr_Daniel_Butterfield.pdf-indicates that where behaviours associated with such offences exist, a panel is more ./Mr_Daniel_Butterfield.pdf-likely to conclude that an individual’s conduct would amount to unacceptable professional ./Mr_Daniel_Butterfield.pdf-conduct.” ./Mr_Daniel_Butterfield.pdf- ./Mr_Daniel_Butterfield.pdf- ./Mr_Daniel_Butterfield.pdf- ./Mr_Daniel_Butterfield.pdf-The findings of misconduct are particularly serious as they include convictions for ./Mr_Daniel_Butterfield.pdf:possession of indecent images of children and sexual offences with children. ./Mr_Daniel_Butterfield.pdf- ./Mr_Daniel_Butterfield.pdf-I have to determine whether the imposition of a prohibition order is proportionate and in ./Mr_Daniel_Butterfield.pdf-the public interest. In considering that for this case, I have considered the overall aim of a ./Mr_Daniel_Butterfield.pdf-prohibition order which is to protect pupils and to maintain public confidence in the ./Mr_Daniel_Butterfield.pdf-profession. I have considered the extent to which a prohibition order in this case would ./Mr_Daniel_Butterfield.pdf-achieve that aim taking into account the impact that it will have on the individual teacher. ./Mr_Daniel_Butterfield.pdf-I have also asked myself, whether a less intrusive measure, such as the published ./Mr_Daniel_Butterfield.pdf-finding of unacceptable professional conduct and conduct that may bring the profession ./Mr_Daniel_Butterfield.pdf-into disrepute, would itself be sufficient to achieve the overall aim. I have to consider ./Mr_Daniel_Butterfield.pdf-whether the consequences of such a publication are themselves sufficient. I have -- ./Mr_Daniel_Butterfield.pdf-Mr Butterfield recognised the seriousness of his offences and therefore demonstrated a ./Mr_Daniel_Butterfield.pdf-level of insight.” In my judgement, however the seriousness of the findings overrides and ./Mr_Daniel_Butterfield.pdf-insight or remorse. I have therefore given this element considerable weight in reaching ./Mr_Daniel_Butterfield.pdf-my decision. ./Mr_Daniel_Butterfield.pdf- ./Mr_Daniel_Butterfield.pdf-I have gone on to consider the extent to which a prohibition order would maintain public ./Mr_Daniel_Butterfield.pdf-confidence in the profession. The panel observe, “that Mr Butterfield’s behaviour in ./Mr_Daniel_Butterfield.pdf-committing the offences could affect public confidence in the teaching profession, given ./Mr_Daniel_Butterfield.pdf-the influence that teachers may have on pupils, parents and others in the community.” ./Mr_Daniel_Butterfield.pdf- ./Mr_Daniel_Butterfield.pdf:I am particularly mindful of the finding of serious sexual convictions in this case and the ./Mr_Daniel_Butterfield.pdf-impact that such a finding has on the reputation of the profession. ./Mr_Daniel_Butterfield.pdf- ./Mr_Daniel_Butterfield.pdf-I have had to consider that the public has a high expectation of professional standards of ./Mr_Daniel_Butterfield.pdf-all teachers and that the public might regard a failure to impose a prohibition order as a ./Mr_Daniel_Butterfield.pdf-failure to uphold those high standards. In weighing these considerations, I have had to ./Mr_Daniel_Butterfield.pdf-consider the matter from the point of view of an “ordinary intelligent and well-informed ./Mr_Daniel_Butterfield.pdf-citizen.” ./Mr_Daniel_Butterfield.pdf- ./Mr_Daniel_Butterfield.pdf- ./Mr_Daniel_Butterfield.pdf- 14 -- ./Mr_Daniel_Butterfield.pdf- ./Mr_Daniel_Butterfield.pdf-For these reasons, I have concluded that a prohibition order is proportionate and in the ./Mr_Daniel_Butterfield.pdf-public interest in order to achieve the intended aims of a prohibition order. ./Mr_Daniel_Butterfield.pdf- ./Mr_Daniel_Butterfield.pdf-I have gone on to consider the matter of a review period. In this case, the panel has ./Mr_Daniel_Butterfield.pdf-recommended that no provision should be made for a review period. ./Mr_Daniel_Butterfield.pdf- ./Mr_Daniel_Butterfield.pdf-I have considered the panel’s comments “the following were relevant in respect of Mr ./Mr_Daniel_Butterfield.pdf-Butterfield: ./Mr_Daniel_Butterfield.pdf- ./Mr_Daniel_Butterfield.pdf: • serious sexual misconduct, e.g. where the act was sexually motivated and ./Mr_Daniel_Butterfield.pdf- resulted in, or had the potential to result in, harm to a person or persons, ./Mr_Daniel_Butterfield.pdf- particularly where the individual has used their professional position to ./Mr_Daniel_Butterfield.pdf- influence or exploit a person or persons; ./Mr_Daniel_Butterfield.pdf- ./Mr_Daniel_Butterfield.pdf- • any activity involving viewing, taking, making, possessing, distributing or ./Mr_Daniel_Butterfield.pdf- publishing any indecent photograph or image or pseudo photograph or image ./Mr_Daniel_Butterfield.pdf- of a child.” ./Mr_Daniel_Butterfield.pdf- ./Mr_Daniel_Butterfield.pdf-I have considered whether allowing for no review reflects the seriousness of the findings ./Mr_Daniel_Butterfield.pdf-and is proportionate to achieve the aim of maintaining public confidence in the ./Mr_Darren_Neve_Professional_conduct_panel_meeting_outcome.pdf-conduct that may bring the profession into disrepute, in that whilst employed as a teacher ./Mr_Darren_Neve_Professional_conduct_panel_meeting_outcome.pdf-and deputy headteacher at the Grange Community Junior School between 1 September ./Mr_Darren_Neve_Professional_conduct_panel_meeting_outcome.pdf-1998 and 31 December 2019: ./Mr_Darren_Neve_Professional_conduct_panel_meeting_outcome.pdf- ./Mr_Darren_Neve_Professional_conduct_panel_meeting_outcome.pdf- 1. During the period October to November 2019 he engaged in an inappropriate ./Mr_Darren_Neve_Professional_conduct_panel_meeting_outcome.pdf- communication and/or failed to maintain appropriate boundaries with Child X in ./Mr_Darren_Neve_Professional_conduct_panel_meeting_outcome.pdf- that he; ./Mr_Darren_Neve_Professional_conduct_panel_meeting_outcome.pdf- ./Mr_Darren_Neve_Professional_conduct_panel_meeting_outcome.pdf- a. Exchanged text messages, including late at night, in which he: ./Mr_Darren_Neve_Professional_conduct_panel_meeting_outcome.pdf- ./Mr_Darren_Neve_Professional_conduct_panel_meeting_outcome.pdf: i) Discussed Child X’s sexuality; ./Mr_Darren_Neve_Professional_conduct_panel_meeting_outcome.pdf- ./Mr_Darren_Neve_Professional_conduct_panel_meeting_outcome.pdf- ii) Made inappropriate comments; ./Mr_Darren_Neve_Professional_conduct_panel_meeting_outcome.pdf- ./Mr_Darren_Neve_Professional_conduct_panel_meeting_outcome.pdf- iii) Sent a video of a paedophile hunter. ./Mr_Darren_Neve_Professional_conduct_panel_meeting_outcome.pdf- ./Mr_Darren_Neve_Professional_conduct_panel_meeting_outcome.pdf-Mr Neve admits that he and Child X exchanged text messages, including through ./Mr_Darren_Neve_Professional_conduct_panel_meeting_outcome.pdf-[redacted] and WhatsApp, on various dates between October 2019 and November 2019, ./Mr_Darren_Neve_Professional_conduct_panel_meeting_outcome.pdf-which included messages late at night. ./Mr_Darren_Neve_Professional_conduct_panel_meeting_outcome.pdf- ./Mr_Darren_Neve_Professional_conduct_panel_meeting_outcome.pdf-Mr Neve admits the text messages specifically detailed at allegation 1a(i)-(iii) were sent -- ./Mr_Darren_Neve_Professional_conduct_panel_meeting_outcome.pdf- ./Mr_Darren_Neve_Professional_conduct_panel_meeting_outcome.pdf-The panel considered a statement of agreed facts which was signed by Mr Neve on 25 ./Mr_Darren_Neve_Professional_conduct_panel_meeting_outcome.pdf-July 2020 in which Mr Neve admitted all of the allegations. ./Mr_Darren_Neve_Professional_conduct_panel_meeting_outcome.pdf- ./Mr_Darren_Neve_Professional_conduct_panel_meeting_outcome.pdf-In summary, Mr Neve was employed by the Grange Community Junior School (‘the ./Mr_Darren_Neve_Professional_conduct_panel_meeting_outcome.pdf-School’) as a teacher and deputy headteacher from 1 September 1998 until 31 ./Mr_Darren_Neve_Professional_conduct_panel_meeting_outcome.pdf-December 2019 when he resigned. ./Mr_Darren_Neve_Professional_conduct_panel_meeting_outcome.pdf- ./Mr_Darren_Neve_Professional_conduct_panel_meeting_outcome.pdf-Mr Neve began communicating with Child X, [redacted], online [redacted] within and ./Mr_Darren_Neve_Professional_conduct_panel_meeting_outcome.pdf-outside of school hours, from 19 October 2019. Mr Neve then went on to communicate ./Mr_Darren_Neve_Professional_conduct_panel_meeting_outcome.pdf:with Child X via WhatsApp. Mr Neve discussed Child X’s sexuality, made inappropriate ./Mr_Darren_Neve_Professional_conduct_panel_meeting_outcome.pdf-comments and sent him a video of a paedophile hunter upon finding out that Child X may ./Mr_Darren_Neve_Professional_conduct_panel_meeting_outcome.pdf-have been forming a close relationship with a male over 17. ./Mr_Darren_Neve_Professional_conduct_panel_meeting_outcome.pdf- ./Mr_Darren_Neve_Professional_conduct_panel_meeting_outcome.pdf-Following the School’s investigation, Mr Neve resigned from his position at the School on ./Mr_Darren_Neve_Professional_conduct_panel_meeting_outcome.pdf-20 December 2019. ./Mr_Darren_Neve_Professional_conduct_panel_meeting_outcome.pdf- ./Mr_Darren_Neve_Professional_conduct_panel_meeting_outcome.pdf- ./Mr_Darren_Neve_Professional_conduct_panel_meeting_outcome.pdf-Decision and reasons ./Mr_Darren_Neve_Professional_conduct_panel_meeting_outcome.pdf-The panel announced its decision and reasons as follows: ./Mr_Darren_Neve_Professional_conduct_panel_meeting_outcome.pdf- -- ./Mr_Darren_Neve_Professional_conduct_panel_meeting_outcome.pdf- ./Mr_Darren_Neve_Professional_conduct_panel_meeting_outcome.pdf-The panel found the following particulars of the allegations against you proved, for these ./Mr_Darren_Neve_Professional_conduct_panel_meeting_outcome.pdf-reasons: ./Mr_Darren_Neve_Professional_conduct_panel_meeting_outcome.pdf- ./Mr_Darren_Neve_Professional_conduct_panel_meeting_outcome.pdf-Between October 2019 and November 2019, you engaged in an inappropriate ./Mr_Darren_Neve_Professional_conduct_panel_meeting_outcome.pdf-communication and/or failed to maintain proper professional boundaries with ./Mr_Darren_Neve_Professional_conduct_panel_meeting_outcome.pdf-Child X in that: ./Mr_Darren_Neve_Professional_conduct_panel_meeting_outcome.pdf- ./Mr_Darren_Neve_Professional_conduct_panel_meeting_outcome.pdf- 1. You exchanged text messages, including late at night, in which you: ./Mr_Darren_Neve_Professional_conduct_panel_meeting_outcome.pdf- ./Mr_Darren_Neve_Professional_conduct_panel_meeting_outcome.pdf: a. Discussed Child X’s sexuality; ./Mr_Darren_Neve_Professional_conduct_panel_meeting_outcome.pdf- ./Mr_Darren_Neve_Professional_conduct_panel_meeting_outcome.pdf- b. Made inappropriate comments; ./Mr_Darren_Neve_Professional_conduct_panel_meeting_outcome.pdf- ./Mr_Darren_Neve_Professional_conduct_panel_meeting_outcome.pdf- c. Sent a video of a paedophile hunter. ./Mr_Darren_Neve_Professional_conduct_panel_meeting_outcome.pdf- ./Mr_Darren_Neve_Professional_conduct_panel_meeting_outcome.pdf-The panel considered all of the evidence before it, which included Mr Neve’s signed ./Mr_Darren_Neve_Professional_conduct_panel_meeting_outcome.pdf-statement of agreed facts and screenshots of the messages exchanged between him ./Mr_Darren_Neve_Professional_conduct_panel_meeting_outcome.pdf-and Child X. ./Mr_Darren_Neve_Professional_conduct_panel_meeting_outcome.pdf- ./Mr_Darren_Neve_Professional_conduct_panel_meeting_outcome.pdf-In relation to allegation 1a., the panel noted that there was a message sent from Mr Neve ./Mr_Darren_Neve_Professional_conduct_panel_meeting_outcome.pdf:to Child X online [redacted] asking whether Child X was gay or bi-sexual. Mr Neve’s ./Mr_Darren_Neve_Professional_conduct_panel_meeting_outcome.pdf-explanation for this particular message was that he mistakenly sent it to Child X instead ./Mr_Darren_Neve_Professional_conduct_panel_meeting_outcome.pdf-of a friend as part of a dare on a night out. The panel considered that this was ./Mr_Darren_Neve_Professional_conduct_panel_meeting_outcome.pdf-unconvincing as, within the message, Mr Neve says, “Great looking forward to meeting ./Mr_Darren_Neve_Professional_conduct_panel_meeting_outcome.pdf:you. I know it is rather out of the blue but can I ask what sexuality you are? Just between ./Mr_Darren_Neve_Professional_conduct_panel_meeting_outcome.pdf-us”. The panel did not consider this message was the type of communication that would ./Mr_Darren_Neve_Professional_conduct_panel_meeting_outcome.pdf-have been sent to a person of whom the sender was already familiar with. Furthermore, ./Mr_Darren_Neve_Professional_conduct_panel_meeting_outcome.pdf:Mr Neve sent another message about Child X’s sexuality to Child X directly on ./Mr_Darren_Neve_Professional_conduct_panel_meeting_outcome.pdf-WhatsApp. ./Mr_Darren_Neve_Professional_conduct_panel_meeting_outcome.pdf- ./Mr_Darren_Neve_Professional_conduct_panel_meeting_outcome.pdf-In relation to allegation 1b., the panel was satisfied that Mr Neve had made inappropriate ./Mr_Darren_Neve_Professional_conduct_panel_meeting_outcome.pdf-comments in that he, when Child X commented about the size of Mr Neve’s cat, said “it’s ./Mr_Darren_Neve_Professional_conduct_panel_meeting_outcome.pdf-not all about size”. The panel considered Mr Neve’s explanation of this provided during ./Mr_Darren_Neve_Professional_conduct_panel_meeting_outcome.pdf-the school’s disciplinary investigation (that he was really talking about his cat) to be ./Mr_Darren_Neve_Professional_conduct_panel_meeting_outcome.pdf-unpersuasive and concluded that the message had innuendo connotations. The panel ./Mr_Darren_Neve_Professional_conduct_panel_meeting_outcome.pdf-also considered that the very fact Mr Neve had sent a picture of his cat to be ./Mr_Darren_Neve_Professional_conduct_panel_meeting_outcome.pdf-inappropriate. In addition, later in the messages, Mr Neve told Child X that he had been a ./Mr_Darren_Neve_Professional_conduct_panel_meeting_outcome.pdf-“naughty boi [sic]” at a sleepover. The panel considered that the fact he was talking to -- ./Mr_Darren_Neve_Professional_conduct_panel_meeting_outcome.pdf- ./Mr_Darren_Neve_Professional_conduct_panel_meeting_outcome.pdf- • Mr Neve now, to some extent, accepts responsibility for his actions and has ./Mr_Darren_Neve_Professional_conduct_panel_meeting_outcome.pdf- demonstrated that he now understands that they were unprofessional. ./Mr_Darren_Neve_Professional_conduct_panel_meeting_outcome.pdf- ./Mr_Darren_Neve_Professional_conduct_panel_meeting_outcome.pdf- • Mr Neve has taken some steps since his resignation including consulting his GP ./Mr_Darren_Neve_Professional_conduct_panel_meeting_outcome.pdf- [redacted] ./Mr_Darren_Neve_Professional_conduct_panel_meeting_outcome.pdf- ./Mr_Darren_Neve_Professional_conduct_panel_meeting_outcome.pdf-The aggravating features in this case were that: ./Mr_Darren_Neve_Professional_conduct_panel_meeting_outcome.pdf- ./Mr_Darren_Neve_Professional_conduct_panel_meeting_outcome.pdf- • Mr Neve received a first written warning, in November 2018, in relation to ./Mr_Darren_Neve_Professional_conduct_panel_meeting_outcome.pdf: inappropriate text messages of a sexual nature to a female colleague. ./Mr_Darren_Neve_Professional_conduct_panel_meeting_outcome.pdf- ./Mr_Darren_Neve_Professional_conduct_panel_meeting_outcome.pdf- ./Mr_Darren_Neve_Professional_conduct_panel_meeting_outcome.pdf- 10 ./Mr_Darren_Neve_Professional_conduct_panel_meeting_outcome.pdf- -- ./Mr_Darren_Neve_Professional_conduct_panel_meeting_outcome.pdf- practices of the school in which they teach. ./Mr_Darren_Neve_Professional_conduct_panel_meeting_outcome.pdf- ./Mr_Darren_Neve_Professional_conduct_panel_meeting_outcome.pdf-  Teachers must have an understanding of, and always act within, the statutory ./Mr_Darren_Neve_Professional_conduct_panel_meeting_outcome.pdf- frameworks which set out their professional duties and responsibilities. ./Mr_Darren_Neve_Professional_conduct_panel_meeting_outcome.pdf- ./Mr_Darren_Neve_Professional_conduct_panel_meeting_outcome.pdf-The panel finds that the conduct of Mr Neve fell significantly short of the standards ./Mr_Darren_Neve_Professional_conduct_panel_meeting_outcome.pdf-expected of the profession. ./Mr_Darren_Neve_Professional_conduct_panel_meeting_outcome.pdf- ./Mr_Darren_Neve_Professional_conduct_panel_meeting_outcome.pdf-The findings of misconduct are particularly serious as they include a finding of ./Mr_Darren_Neve_Professional_conduct_panel_meeting_outcome.pdf-inappropriate communication and failing to maintain proper professional boundaries with ./Mr_Darren_Neve_Professional_conduct_panel_meeting_outcome.pdf:a child, including exchanging text messages discussing the child’s sexuality. ./Mr_Darren_Neve_Professional_conduct_panel_meeting_outcome.pdf- ./Mr_Darren_Neve_Professional_conduct_panel_meeting_outcome.pdf-I have to determine whether the imposition of a prohibition order is proportionate and in ./Mr_Darren_Neve_Professional_conduct_panel_meeting_outcome.pdf-the public interest. In considering that for this case, I have considered the overall aim of a ./Mr_Darren_Neve_Professional_conduct_panel_meeting_outcome.pdf-prohibition order which is to protect pupils and to maintain public confidence in the ./Mr_Darren_Neve_Professional_conduct_panel_meeting_outcome.pdf-profession. I have considered the extent to which a prohibition order in this case would ./Mr_Darren_Neve_Professional_conduct_panel_meeting_outcome.pdf-achieve that aim taking into account the impact that it will have on the individual teacher. ./Mr_Darren_Neve_Professional_conduct_panel_meeting_outcome.pdf-I have also asked myself, whether a less intrusive measure, such as the published ./Mr_Darren_Neve_Professional_conduct_panel_meeting_outcome.pdf-finding of unacceptable professional conduct and conduct that may bring the profession ./Mr_Darren_Neve_Professional_conduct_panel_meeting_outcome.pdf-into disrepute, would itself be sufficient to achieve the overall aim. I have to consider ./Mr_Darren_Neve_Professional_conduct_panel_meeting_outcome.pdf-whether the consequences of such a publication are themselves sufficient. I have ./Mr_Darren_O_Mara_Professional_conduct_panel_outcome.pdf- iii. ‘I miss you already xx’ ./Mr_Darren_O_Mara_Professional_conduct_panel_outcome.pdf- iv. *can feel your heartbeat we are so close**moves slightly so we ./Mr_Darren_O_Mara_Professional_conduct_panel_outcome.pdf- are facing each other, my eyes caught in a trance by yours, ./Mr_Darren_O_Mara_Professional_conduct_panel_outcome.pdf- foreheads brush** dances his fingertips across yours**wow* Xx’ ./Mr_Darren_O_Mara_Professional_conduct_panel_outcome.pdf- v. ‘*shuffles closer**lips still gently brushing yours* :D xx’ ./Mr_Darren_O_Mara_Professional_conduct_panel_outcome.pdf- vi. ‘wow, so close* nudges our feet together **moves closer to you to ./Mr_Darren_O_Mara_Professional_conduct_panel_outcome.pdf- kiss you* xx’ ./Mr_Darren_O_Mara_Professional_conduct_panel_outcome.pdf- 2. His conduct as may be provided at Allegation 1 was notwithstanding that he knew ./Mr_Darren_O_Mara_Professional_conduct_panel_outcome.pdf- or ought to have known that Pupil A was vulnerable. ./Mr_Darren_O_Mara_Professional_conduct_panel_outcome.pdf- 3. His behaviour as may be found proven at Allegation 1c above was conduct of a ./Mr_Darren_O_Mara_Professional_conduct_panel_outcome.pdf: sexual nature and / or was sexually motivated. ./Mr_Darren_O_Mara_Professional_conduct_panel_outcome.pdf- 4. His conduct as may be found proven at Allegation 1 was contrary to the School’s ./Mr_Darren_O_Mara_Professional_conduct_panel_outcome.pdf- Acceptable use of IT and Communication Policy and / or Code of Conduct. ./Mr_Darren_O_Mara_Professional_conduct_panel_outcome.pdf-Mr O’Mara has admitted the facts of the allegations and that they constitute ./Mr_Darren_O_Mara_Professional_conduct_panel_outcome.pdf-unacceptable professional conduct and conduct that may bring the profession into ./Mr_Darren_O_Mara_Professional_conduct_panel_outcome.pdf-disrepute. ./Mr_Darren_O_Mara_Professional_conduct_panel_outcome.pdf- ./Mr_Darren_O_Mara_Professional_conduct_panel_outcome.pdf- ./Mr_Darren_O_Mara_Professional_conduct_panel_outcome.pdf- ./Mr_Darren_O_Mara_Professional_conduct_panel_outcome.pdf- ./Mr_Darren_O_Mara_Professional_conduct_panel_outcome.pdf- 4 -- ./Mr_Darren_O_Mara_Professional_conduct_panel_outcome.pdf- Mr O’Mara confirmed in his interview that he had made a couple of CPOMS entries, ./Mr_Darren_O_Mara_Professional_conduct_panel_outcome.pdf- with the last in March 2018, including one that Pupil A had made a disclosure ./Mr_Darren_O_Mara_Professional_conduct_panel_outcome.pdf- [redacted]. He described “From then on, I was very concerned about [Pupil A’s] ./Mr_Darren_O_Mara_Professional_conduct_panel_outcome.pdf- wellbeing generally [redacted].” ./Mr_Darren_O_Mara_Professional_conduct_panel_outcome.pdf- ./Mr_Darren_O_Mara_Professional_conduct_panel_outcome.pdf- Based upon Mr O’Mara’s description of the concerns he had regarding Pupil A and ./Mr_Darren_O_Mara_Professional_conduct_panel_outcome.pdf- the CPOMs entry that Mr O’Mara has admitted making, the panel has found this ./Mr_Darren_O_Mara_Professional_conduct_panel_outcome.pdf- allegation proven. ./Mr_Darren_O_Mara_Professional_conduct_panel_outcome.pdf- ./Mr_Darren_O_Mara_Professional_conduct_panel_outcome.pdf- 3. Your behaviour as may be found proven at Allegation 1c above was conduct ./Mr_Darren_O_Mara_Professional_conduct_panel_outcome.pdf: of a sexual nature and / or was sexually motivated. ./Mr_Darren_O_Mara_Professional_conduct_panel_outcome.pdf- ./Mr_Darren_O_Mara_Professional_conduct_panel_outcome.pdf-The Statement of Agreed Facts states that: ./Mr_Darren_O_Mara_Professional_conduct_panel_outcome.pdf- ./Mr_Darren_O_Mara_Professional_conduct_panel_outcome.pdf- • Mr O’Mara does not dispute that he engaged in activity, which was patently and ./Mr_Darren_O_Mara_Professional_conduct_panel_outcome.pdf: plainly of a sexual nature, namely sending text messages to Pupil A describing ./Mr_Darren_O_Mara_Professional_conduct_panel_outcome.pdf- and/or imagining how he would act with Pupil A if she was with him; ./Mr_Darren_O_Mara_Professional_conduct_panel_outcome.pdf: • One or more of the messages at allegation 1c describes sexual and/or physical ./Mr_Darren_O_Mara_Professional_conduct_panel_outcome.pdf- activity; ./Mr_Darren_O_Mara_Professional_conduct_panel_outcome.pdf- • Whilst it is acknowledged that allegation 1c does not allege actual physical ./Mr_Darren_O_Mara_Professional_conduct_panel_outcome.pdf- touching, Mr O’Mara accepts that within the messages he was describing and/or ./Mr_Darren_O_Mara_Professional_conduct_panel_outcome.pdf- imagining physical touching with Pupil A; ./Mr_Darren_O_Mara_Professional_conduct_panel_outcome.pdf: • Mr O’Mara therefore accepts that he was sexually motivated when he engaged in ./Mr_Darren_O_Mara_Professional_conduct_panel_outcome.pdf: this conduct at allegation 1c, and that it was done in pursuit of sexual gratification. ./Mr_Darren_O_Mara_Professional_conduct_panel_outcome.pdf-In the transcript of Mr O’Mara’s interview for the School disciplinary investigation, he ./Mr_Darren_O_Mara_Professional_conduct_panel_outcome.pdf-stated in respect of the messages between himself and Pupil A that “It sounds like such a ./Mr_Darren_O_Mara_Professional_conduct_panel_outcome.pdf:lie, but I had no malicious or sexual intention”. ./Mr_Darren_O_Mara_Professional_conduct_panel_outcome.pdf- ./Mr_Darren_O_Mara_Professional_conduct_panel_outcome.pdf-The panel considered that reasonable persons would think that the content of the text ./Mr_Darren_O_Mara_Professional_conduct_panel_outcome.pdf:messages that Mr O’Mara sent to Pupil A was patently of a sexual nature as there could ./Mr_Darren_O_Mara_Professional_conduct_panel_outcome.pdf-be no other innocent explanation for sending messages in those terms. Furthermore, the ./Mr_Darren_O_Mara_Professional_conduct_panel_outcome.pdf-surrounding evidence, namely Mr O’Mara not consulting colleagues about meeting with ./Mr_Darren_O_Mara_Professional_conduct_panel_outcome.pdf-Pupil A; meeting her on occasions that her mother did not know about; providing his ./Mr_Darren_O_Mara_Professional_conduct_panel_outcome.pdf- ./Mr_Darren_O_Mara_Professional_conduct_panel_outcome.pdf- 10 ./Mr_Darren_O_Mara_Professional_conduct_panel_outcome.pdf- -- ./Mr_Darren_O_Mara_Professional_conduct_panel_outcome.pdf-phone number to Pupil A without her mother’s knowledge; and the content of the text ./Mr_Darren_O_Mara_Professional_conduct_panel_outcome.pdf-messages themselves all infer that it was more probable than not that Mr O’Mara’s ./Mr_Darren_O_Mara_Professional_conduct_panel_outcome.pdf:intention in sending the text messages was sexual. The panel therefore found this ./Mr_Darren_O_Mara_Professional_conduct_panel_outcome.pdf-allegation proven. ./Mr_Darren_O_Mara_Professional_conduct_panel_outcome.pdf- ./Mr_Darren_O_Mara_Professional_conduct_panel_outcome.pdf- 4. Your conduct as may be found proven at Allegation 1 was contrary to the ./Mr_Darren_O_Mara_Professional_conduct_panel_outcome.pdf- School’s Acceptable use of IT and Communication Policy and / or Code of ./Mr_Darren_O_Mara_Professional_conduct_panel_outcome.pdf- Conduct. ./Mr_Darren_O_Mara_Professional_conduct_panel_outcome.pdf- ./Mr_Darren_O_Mara_Professional_conduct_panel_outcome.pdf-The Statement of Agreed Facts states that: ./Mr_Darren_O_Mara_Professional_conduct_panel_outcome.pdf- ./Mr_Darren_O_Mara_Professional_conduct_panel_outcome.pdf- • Mr O’Mara accepts that he was aware of the School’s Code of Conduct Policy and ./Mr_Darren_O_Mara_Professional_conduct_panel_outcome.pdf- Acceptable Use Agreement for Staff Users. -- ./Mr_Darren_O_Mara_Professional_conduct_panel_outcome.pdf- ./Mr_Darren_O_Mara_Professional_conduct_panel_outcome.pdf- - serious departure from the personal and professional conduct elements of the ./Mr_Darren_O_Mara_Professional_conduct_panel_outcome.pdf- Teachers’ Standards; ./Mr_Darren_O_Mara_Professional_conduct_panel_outcome.pdf- ./Mr_Darren_O_Mara_Professional_conduct_panel_outcome.pdf- - misconduct seriously affecting the education and/or well-being of pupils, and ./Mr_Darren_O_Mara_Professional_conduct_panel_outcome.pdf- particularly where there is a continuing risk; ./Mr_Darren_O_Mara_Professional_conduct_panel_outcome.pdf- ./Mr_Darren_O_Mara_Professional_conduct_panel_outcome.pdf- - abuse of position or trust (particularly involving vulnerable pupils) or violation of the ./Mr_Darren_O_Mara_Professional_conduct_panel_outcome.pdf- rights of pupils; ./Mr_Darren_O_Mara_Professional_conduct_panel_outcome.pdf- ./Mr_Darren_O_Mara_Professional_conduct_panel_outcome.pdf: - sexual misconduct, for example, involving actions that were sexually motivated or ./Mr_Darren_O_Mara_Professional_conduct_panel_outcome.pdf: of a sexual nature and/or that use or exploit the trust, knowledge or influence ./Mr_Darren_O_Mara_Professional_conduct_panel_outcome.pdf- derived from the individual’s professional position; ./Mr_Darren_O_Mara_Professional_conduct_panel_outcome.pdf- ./Mr_Darren_O_Mara_Professional_conduct_panel_outcome.pdf-Even though some of the behaviour found proved in this case indicated that a prohibition ./Mr_Darren_O_Mara_Professional_conduct_panel_outcome.pdf-order would be appropriate, the panel went on to consider the mitigating factors. ./Mr_Darren_O_Mara_Professional_conduct_panel_outcome.pdf-Mitigating factors may indicate that a prohibition order would not be appropriate or ./Mr_Darren_O_Mara_Professional_conduct_panel_outcome.pdf-proportionate. ./Mr_Darren_O_Mara_Professional_conduct_panel_outcome.pdf- ./Mr_Darren_O_Mara_Professional_conduct_panel_outcome.pdf-There was no evidence that Mr O’Mara actions were not deliberate. ./Mr_Darren_O_Mara_Professional_conduct_panel_outcome.pdf- ./Mr_Darren_O_Mara_Professional_conduct_panel_outcome.pdf-There was no evidence to suggest that Mr O’Mara was acting under duress, and, in fact, -- ./Mr_Darren_O_Mara_Professional_conduct_panel_outcome.pdf-Secretary of State that a prohibition order should be imposed with immediate effect. ./Mr_Darren_O_Mara_Professional_conduct_panel_outcome.pdf- ./Mr_Darren_O_Mara_Professional_conduct_panel_outcome.pdf-The panel went on to consider whether or not it would be appropriate to recommend that ./Mr_Darren_O_Mara_Professional_conduct_panel_outcome.pdf-a review period of the order should be considered. The panel was mindful that the Advice ./Mr_Darren_O_Mara_Professional_conduct_panel_outcome.pdf-states that a prohibition order applies for life, but there may be circumstances, in any ./Mr_Darren_O_Mara_Professional_conduct_panel_outcome.pdf-given case, that may make it appropriate to allow a teacher to apply to have the ./Mr_Darren_O_Mara_Professional_conduct_panel_outcome.pdf-prohibition order reviewed after a specified period of time that may not be less than 2 ./Mr_Darren_O_Mara_Professional_conduct_panel_outcome.pdf-years. ./Mr_Darren_O_Mara_Professional_conduct_panel_outcome.pdf- ./Mr_Darren_O_Mara_Professional_conduct_panel_outcome.pdf-The Advice indicates that there are behaviours that, if proved, would militate against the ./Mr_Darren_O_Mara_Professional_conduct_panel_outcome.pdf:recommendation of a review period. These behaviours include serious sexual ./Mr_Darren_O_Mara_Professional_conduct_panel_outcome.pdf:misconduct, such as where the act was sexually motivated and resulted in or had the ./Mr_Darren_O_Mara_Professional_conduct_panel_outcome.pdf-potential to result in, harm to a person or persons, particularly where the individual has ./Mr_Darren_O_Mara_Professional_conduct_panel_outcome.pdf-used his professional position to influence or exploit a person or persons. Although the ./Mr_Darren_O_Mara_Professional_conduct_panel_outcome.pdf-panel has found that there has been a serious departure from the standards expected of ./Mr_Darren_O_Mara_Professional_conduct_panel_outcome.pdf-him, the panel considered that Mr O’Mara’s conduct was at the less serious end of the ./Mr_Darren_O_Mara_Professional_conduct_panel_outcome.pdf:possible spectrum with regard to sexual misconduct. There is no allegation of any sexual ./Mr_Darren_O_Mara_Professional_conduct_panel_outcome.pdf-activity actually taking place. The panel did not therefore classify Mr O’Mara’s conduct as ./Mr_Darren_O_Mara_Professional_conduct_panel_outcome.pdf:“serious sexual misconduct” for which the Advice indicates that a prohibition order be ./Mr_Darren_O_Mara_Professional_conduct_panel_outcome.pdf-imposed with no provision for him to apply for it to be set aside. ./Mr_Darren_O_Mara_Professional_conduct_panel_outcome.pdf- ./Mr_Darren_O_Mara_Professional_conduct_panel_outcome.pdf-As referred to above, Mr O’Mara has demonstrated both insight and remorse, and this ./Mr_Darren_O_Mara_Professional_conduct_panel_outcome.pdf-has influenced the panel in recommending that Mr O’Mara should have the opportunity to ./Mr_Darren_O_Mara_Professional_conduct_panel_outcome.pdf-apply for a prohibition order to be set aside. In the transcript of Mr O’Mara’s interview for ./Mr_Darren_O_Mara_Professional_conduct_panel_outcome.pdf-the School disciplinary investigation, he stated “I’m acutely aware that my actions and ./Mr_Darren_O_Mara_Professional_conduct_panel_outcome.pdf-behaviour have affected others. Not just [Pupil A] and her family and also my life but also ./Mr_Darren_O_Mara_Professional_conduct_panel_outcome.pdf-staff I worked with and students in my classes have been detrimentally affected by there ./Mr_Darren_O_Mara_Professional_conduct_panel_outcome.pdf-being one less body. If you treat teachers as equal, teachers fill rooms and there will be ./Mr_Darren_O_Mara_Professional_conduct_panel_outcome.pdf-less teachers in those rooms and that is my fault. Students who valued me have been -- ./Mr_Darren_O_Mara_Professional_conduct_panel_outcome.pdf- ./Mr_Darren_O_Mara_Professional_conduct_panel_outcome.pdf-In expressing his preference to have this matter dealt with at a meeting, Mr O’Mara has ./Mr_Darren_O_Mara_Professional_conduct_panel_outcome.pdf-acknowledged that his actions have been an “incredible distance from the high standards ./Mr_Darren_O_Mara_Professional_conduct_panel_outcome.pdf-expected”. Mr O’Mara has repeated his acknowledgement of the effect his actions has ./Mr_Darren_O_Mara_Professional_conduct_panel_outcome.pdf-had beyond the scope of just himself and the immediate person/ people involved, but ./Mr_Darren_O_Mara_Professional_conduct_panel_outcome.pdf-also on the students who lost a mathematics teacher, the colleagues that had to pick up ./Mr_Darren_O_Mara_Professional_conduct_panel_outcome.pdf-his work and the School that had to deal with the consequences of his actions. Mr ./Mr_Darren_O_Mara_Professional_conduct_panel_outcome.pdf-O’Mara has expressed guilt, self-deprecation and stated that he is “truly and genuinely so ./Mr_Darren_O_Mara_Professional_conduct_panel_outcome.pdf-very sorry for what [he] did”. ./Mr_Darren_O_Mara_Professional_conduct_panel_outcome.pdf- ./Mr_Darren_O_Mara_Professional_conduct_panel_outcome.pdf:The panel noted however, that Mr O’Mara did not admit that his actions were sexually ./Mr_Darren_O_Mara_Professional_conduct_panel_outcome.pdf-motivated during the School’s investigation. ./Mr_Darren_O_Mara_Professional_conduct_panel_outcome.pdf- ./Mr_Darren_O_Mara_Professional_conduct_panel_outcome.pdf-The panel decided that the findings indicated a situation in which a review period would ./Mr_Darren_O_Mara_Professional_conduct_panel_outcome.pdf-be appropriate and, as such, decided that it would be proportionate in all the ./Mr_Darren_O_Mara_Professional_conduct_panel_outcome.pdf-circumstances for the prohibition order to be recommended with provision for a review ./Mr_Darren_O_Mara_Professional_conduct_panel_outcome.pdf-period after four years to reflect upon the severity of his conduct and to understand the ./Mr_Darren_O_Mara_Professional_conduct_panel_outcome.pdf-reason why he embarked upon an inappropriate relationship, so as not to risk repetition. ./Mr_Darren_O_Mara_Professional_conduct_panel_outcome.pdf- ./Mr_Darren_O_Mara_Professional_conduct_panel_outcome.pdf- ./Mr_Darren_O_Mara_Professional_conduct_panel_outcome.pdf-Decision and reasons on behalf of the Secretary of State -- ./Mr_Darren_O_Mara_Professional_conduct_panel_outcome.pdf- practices of the school in which they teach. ./Mr_Darren_O_Mara_Professional_conduct_panel_outcome.pdf- ./Mr_Darren_O_Mara_Professional_conduct_panel_outcome.pdf- • Teachers must have an understanding of, and always act within, the statutory ./Mr_Darren_O_Mara_Professional_conduct_panel_outcome.pdf- frameworks which set out their professional duties and responsibilities. ./Mr_Darren_O_Mara_Professional_conduct_panel_outcome.pdf- ./Mr_Darren_O_Mara_Professional_conduct_panel_outcome.pdf-The panel finds that the conduct of Mr O’Mara fell significantly short of the standards ./Mr_Darren_O_Mara_Professional_conduct_panel_outcome.pdf-expected of the profession. ./Mr_Darren_O_Mara_Professional_conduct_panel_outcome.pdf- ./Mr_Darren_O_Mara_Professional_conduct_panel_outcome.pdf-The findings of misconduct are particularly serious as they include a finding of engaging ./Mr_Darren_O_Mara_Professional_conduct_panel_outcome.pdf-in and/or developing an inappropriate relationship with a vulnerable Pupil, conduct that ./Mr_Darren_O_Mara_Professional_conduct_panel_outcome.pdf:was found to be sexual in nature and/or sexually motivated. ./Mr_Darren_O_Mara_Professional_conduct_panel_outcome.pdf- ./Mr_Darren_O_Mara_Professional_conduct_panel_outcome.pdf-I have to determine whether the imposition of a prohibition order is proportionate and in ./Mr_Darren_O_Mara_Professional_conduct_panel_outcome.pdf-the public interest. In considering that for this case, I have considered the overall aim of a ./Mr_Darren_O_Mara_Professional_conduct_panel_outcome.pdf-prohibition order which is to protect pupils and to maintain public confidence in the ./Mr_Darren_O_Mara_Professional_conduct_panel_outcome.pdf-profession. I have considered the extent to which a prohibition order in this case would ./Mr_Darren_O_Mara_Professional_conduct_panel_outcome.pdf-achieve that aim taking into account the impact that it will have on the individual teacher. ./Mr_Darren_O_Mara_Professional_conduct_panel_outcome.pdf-I have also asked myself, whether a less intrusive measure, such as the published ./Mr_Darren_O_Mara_Professional_conduct_panel_outcome.pdf-finding of unacceptable professional conduct and conduct that may bring the profession ./Mr_Darren_O_Mara_Professional_conduct_panel_outcome.pdf-into disrepute, would itself be sufficient to achieve the overall aim. I have to consider ./Mr_Darren_O_Mara_Professional_conduct_panel_outcome.pdf-whether the consequences of such a publication are themselves sufficient. I have -- ./Mr_Darren_O_Mara_Professional_conduct_panel_outcome.pdf-I have gone on to consider the extent to which a prohibition order would maintain public ./Mr_Darren_O_Mara_Professional_conduct_panel_outcome.pdf-confidence in the profession. The panel observe, “In the light of the panel’s findings ./Mr_Darren_O_Mara_Professional_conduct_panel_outcome.pdf-against Mr O’Mara, there was a strong public interest consideration in respect of the ./Mr_Darren_O_Mara_Professional_conduct_panel_outcome.pdf-protection of pupils given the serious findings of an inappropriate relationship with Pupil ./Mr_Darren_O_Mara_Professional_conduct_panel_outcome.pdf-A, a pupil who Mr O’Mara knew or ought to have known was vulnerable”. I am particularly ./Mr_Darren_O_Mara_Professional_conduct_panel_outcome.pdf:mindful of the finding that the conduct was of a sexual nature and/or sexually motivated ./Mr_Darren_O_Mara_Professional_conduct_panel_outcome.pdf-and the impact that such a finding has on the reputation of the profession. ./Mr_Darren_O_Mara_Professional_conduct_panel_outcome.pdf- ./Mr_Darren_O_Mara_Professional_conduct_panel_outcome.pdf-I have had to consider that the public has a high expectation of professional standards of ./Mr_Darren_O_Mara_Professional_conduct_panel_outcome.pdf-all teachers and that the public might regard a failure to impose a prohibition order as a ./Mr_Darren_O_Mara_Professional_conduct_panel_outcome.pdf-failure to uphold those high standards. In weighing these considerations, I have had to ./Mr_Darren_O_Mara_Professional_conduct_panel_outcome.pdf-consider the matter from the point of view of an “ordinary intelligent and well-informed ./Mr_Darren_O_Mara_Professional_conduct_panel_outcome.pdf-citizen.” ./Mr_Darren_O_Mara_Professional_conduct_panel_outcome.pdf- ./Mr_Darren_O_Mara_Professional_conduct_panel_outcome.pdf-I have considered whether the publication of a finding of unacceptable professional ./Mr_Darren_O_Mara_Professional_conduct_panel_outcome.pdf-conduct, in the absence of a prohibition order, can itself be regarded by such a person as -- ./Mr_Darren_O_Mara_Professional_conduct_panel_outcome.pdf-that it would be proportionate in all the circumstances for the prohibition order to be ./Mr_Darren_O_Mara_Professional_conduct_panel_outcome.pdf-recommended with provision for a review period after four years to reflect upon the ./Mr_Darren_O_Mara_Professional_conduct_panel_outcome.pdf-severity of his conduct and to understand the reason why he embarked upon an ./Mr_Darren_O_Mara_Professional_conduct_panel_outcome.pdf-inappropriate relationship, so as not to risk repetition. ./Mr_Darren_O_Mara_Professional_conduct_panel_outcome.pdf- ./Mr_Darren_O_Mara_Professional_conduct_panel_outcome.pdf-I have considered whether a 4 year review period reflects the seriousness of the findings ./Mr_Darren_O_Mara_Professional_conduct_panel_outcome.pdf-and is a proportionate period to achieve the aim of maintaining public confidence in the ./Mr_Darren_O_Mara_Professional_conduct_panel_outcome.pdf-profession. In this case, a number of factors mean that a two-year review period is not ./Mr_Darren_O_Mara_Professional_conduct_panel_outcome.pdf-sufficient to achieve the aim of maintaining public confidence in the profession. These ./Mr_Darren_O_Mara_Professional_conduct_panel_outcome.pdf-elements are the seriousness of the findings in developing an inappropriate relationship ./Mr_Darren_O_Mara_Professional_conduct_panel_outcome.pdf:with a vulnerable pupil, conduct of a sexual nature and the impact that such a finding ./Mr_Darren_O_Mara_Professional_conduct_panel_outcome.pdf-could have on the profession. ./Mr_Darren_O_Mara_Professional_conduct_panel_outcome.pdf- ./Mr_Darren_O_Mara_Professional_conduct_panel_outcome.pdf-I have gone on to consider whether a 4 year review is sufficient in this case, although the ./Mr_Darren_O_Mara_Professional_conduct_panel_outcome.pdf-panel stated a review period of 4 years was recommended for Mr O’Mara to understand ./Mr_Darren_O_Mara_Professional_conduct_panel_outcome.pdf-and reflect upon his conduct to avoid repetition. There are a number of additional factors ./Mr_Darren_O_Mara_Professional_conduct_panel_outcome.pdf-that I have given consideration to, including the fact that Mr O’Mara was in a position of ./Mr_Darren_O_Mara_Professional_conduct_panel_outcome.pdf-trust, the panel reported “He failed to treat Pupil A’s mother with dignity and respect, ./Mr_Darren_O_Mara_Professional_conduct_panel_outcome.pdf-having breached the trust that Pupil A’s mother had placed in him to tutor her daughter, ./Mr_Darren_O_Mara_Professional_conduct_panel_outcome.pdf-having instead formed an inappropriate relationship with Pupil A, knowing or having ./Mr_Darren_O_Mara_Professional_conduct_panel_outcome.pdf-reason to believe her to be vulnerable”. Although there was evidence of insight and ./Mr_David_Fenwick__15294_-_SoS_Decision_for_WEB__REDACTED_.pdf- ii. Drove Pupil A in his car on one or more occasion(s); ./Mr_David_Fenwick__15294_-_SoS_Decision_for_WEB__REDACTED_.pdf- ./Mr_David_Fenwick__15294_-_SoS_Decision_for_WEB__REDACTED_.pdf- iii. Suggested to Pupil A they should run away together; ./Mr_David_Fenwick__15294_-_SoS_Decision_for_WEB__REDACTED_.pdf- ./Mr_David_Fenwick__15294_-_SoS_Decision_for_WEB__REDACTED_.pdf- iv. Messaged Pupil A; ./Mr_David_Fenwick__15294_-_SoS_Decision_for_WEB__REDACTED_.pdf- ./Mr_David_Fenwick__15294_-_SoS_Decision_for_WEB__REDACTED_.pdf- v. Sent one or more video(s) to Pupil A; ./Mr_David_Fenwick__15294_-_SoS_Decision_for_WEB__REDACTED_.pdf- ./Mr_David_Fenwick__15294_-_SoS_Decision_for_WEB__REDACTED_.pdf- vi. Sent one or more indecent image(s) to Pupil A; ./Mr_David_Fenwick__15294_-_SoS_Decision_for_WEB__REDACTED_.pdf- ./Mr_David_Fenwick__15294_-_SoS_Decision_for_WEB__REDACTED_.pdf: vii. Allowed Pupil A to perform oral sex; ./Mr_David_Fenwick__15294_-_SoS_Decision_for_WEB__REDACTED_.pdf- ./Mr_David_Fenwick__15294_-_SoS_Decision_for_WEB__REDACTED_.pdf: viii. Had sexual contact with Pupil A; ./Mr_David_Fenwick__15294_-_SoS_Decision_for_WEB__REDACTED_.pdf- ./Mr_David_Fenwick__15294_-_SoS_Decision_for_WEB__REDACTED_.pdf- ix. Went to City A with Pupil A; ./Mr_David_Fenwick__15294_-_SoS_Decision_for_WEB__REDACTED_.pdf- ./Mr_David_Fenwick__15294_-_SoS_Decision_for_WEB__REDACTED_.pdf: 2. His actions toward Pupil A, as may be found proven, at allegation 1 was sexually ./Mr_David_Fenwick__15294_-_SoS_Decision_for_WEB__REDACTED_.pdf- motivated. ./Mr_David_Fenwick__15294_-_SoS_Decision_for_WEB__REDACTED_.pdf- ./Mr_David_Fenwick__15294_-_SoS_Decision_for_WEB__REDACTED_.pdf- ./Mr_David_Fenwick__15294_-_SoS_Decision_for_WEB__REDACTED_.pdf- ./Mr_David_Fenwick__15294_-_SoS_Decision_for_WEB__REDACTED_.pdf- 4 ./Mr_David_Fenwick__15294_-_SoS_Decision_for_WEB__REDACTED_.pdf- -- ./Mr_David_Fenwick__15294_-_SoS_Decision_for_WEB__REDACTED_.pdf-Pupil A would refuse to give evidence at all if she was required to give her evidence in ./Mr_David_Fenwick__15294_-_SoS_Decision_for_WEB__REDACTED_.pdf-public, as she was very concerned about the public nature of the hearing. ./Mr_David_Fenwick__15294_-_SoS_Decision_for_WEB__REDACTED_.pdf- ./Mr_David_Fenwick__15294_-_SoS_Decision_for_WEB__REDACTED_.pdf-The panel took into account the general principles referred to above relating to hearings ./Mr_David_Fenwick__15294_-_SoS_Decision_for_WEB__REDACTED_.pdf-of this nature generally being conducted in public. In addition, the panel had regard to ./Mr_David_Fenwick__15294_-_SoS_Decision_for_WEB__REDACTED_.pdf-paragraph 4.71 of the Procedures which relates to vulnerable witnesses. The panel was ./Mr_David_Fenwick__15294_-_SoS_Decision_for_WEB__REDACTED_.pdf-satisfied that the submissions from the presenting officer indicated that Pupil A was ./Mr_David_Fenwick__15294_-_SoS_Decision_for_WEB__REDACTED_.pdf-vulnerable as it was very likely that her evidence would be adversely affected were she to ./Mr_David_Fenwick__15294_-_SoS_Decision_for_WEB__REDACTED_.pdf-give evidence in public. The panel also noted, under paragraph 4.71, that vulnerable ./Mr_David_Fenwick__15294_-_SoS_Decision_for_WEB__REDACTED_.pdf-witness measures may be granted for witnesses where allegations against the teacher ./Mr_David_Fenwick__15294_-_SoS_Decision_for_WEB__REDACTED_.pdf:are of a sexual nature and the witness was the alleged victim. These circumstances ./Mr_David_Fenwick__15294_-_SoS_Decision_for_WEB__REDACTED_.pdf-apply to Pupil A. ./Mr_David_Fenwick__15294_-_SoS_Decision_for_WEB__REDACTED_.pdf- ./Mr_David_Fenwick__15294_-_SoS_Decision_for_WEB__REDACTED_.pdf-The panel was concerned that in order for it to be able to make findings of fact and/or any ./Mr_David_Fenwick__15294_-_SoS_Decision_for_WEB__REDACTED_.pdf-findings relating to alleged unacceptable professional conduct or conduct which may ./Mr_David_Fenwick__15294_-_SoS_Decision_for_WEB__REDACTED_.pdf-bring the profession into disrepute, it would need to obtain the best evidence possible ./Mr_David_Fenwick__15294_-_SoS_Decision_for_WEB__REDACTED_.pdf-from Pupil A. The panel was mindful that any proposed departure from the general rule ./Mr_David_Fenwick__15294_-_SoS_Decision_for_WEB__REDACTED_.pdf-for the entire hearing to be in public should be limited and to no more than the extent that ./Mr_David_Fenwick__15294_-_SoS_Decision_for_WEB__REDACTED_.pdf-the panel considered reasonably necessary. In light of Pupil A’s vulnerability and that she ./Mr_David_Fenwick__15294_-_SoS_Decision_for_WEB__REDACTED_.pdf:was the alleged victim of Mr Fenwick’s alleged sexual behaviour, the panel considered it ./Mr_David_Fenwick__15294_-_SoS_Decision_for_WEB__REDACTED_.pdf-was reasonably necessary for Pupil A’s evidence to be heard in private, and for the rest ./Mr_David_Fenwick__15294_-_SoS_Decision_for_WEB__REDACTED_.pdf-of the hearing to proceed in public. ./Mr_David_Fenwick__15294_-_SoS_Decision_for_WEB__REDACTED_.pdf- ./Mr_David_Fenwick__15294_-_SoS_Decision_for_WEB__REDACTED_.pdf-Admissibility of late documents/evidence ./Mr_David_Fenwick__15294_-_SoS_Decision_for_WEB__REDACTED_.pdf- ./Mr_David_Fenwick__15294_-_SoS_Decision_for_WEB__REDACTED_.pdf-The presenting officer applied to admit further documents relating to: ./Mr_David_Fenwick__15294_-_SoS_Decision_for_WEB__REDACTED_.pdf- ./Mr_David_Fenwick__15294_-_SoS_Decision_for_WEB__REDACTED_.pdf-  clearer copies of photographs already included in the bundle; ./Mr_David_Fenwick__15294_-_SoS_Decision_for_WEB__REDACTED_.pdf-  documentation received on behalf of Mr Fenwick from his union representative; ./Mr_David_Fenwick__15294_-_SoS_Decision_for_WEB__REDACTED_.pdf-  video evidence (see below). -- ./Mr_David_Fenwick__15294_-_SoS_Decision_for_WEB__REDACTED_.pdf-words Mr Fenwick was, “very friendly” and acted in a familiar way with pupils and other ./Mr_David_Fenwick__15294_-_SoS_Decision_for_WEB__REDACTED_.pdf-teachers. Pupil A further stated in oral evidence that she regarded him as, “less ./Mr_David_Fenwick__15294_-_SoS_Decision_for_WEB__REDACTED_.pdf-professional” than most teachers in the School and he frequently breached the ./Mr_David_Fenwick__15294_-_SoS_Decision_for_WEB__REDACTED_.pdf-boundaries of the usual pupil teacher relationship. Pupil A said most teachers have a, ./Mr_David_Fenwick__15294_-_SoS_Decision_for_WEB__REDACTED_.pdf-“line” but this was not the case with Mr Fenwick, he had, “no line”. Pupil A’s account of Mr ./Mr_David_Fenwick__15294_-_SoS_Decision_for_WEB__REDACTED_.pdf-Fenwick was corroborated by Pupil B and Pupil D’s oral evidence. In her oral evidence, ./Mr_David_Fenwick__15294_-_SoS_Decision_for_WEB__REDACTED_.pdf-Pupil B stated that she knew Mr Fenwick well as he was her form tutor and history ./Mr_David_Fenwick__15294_-_SoS_Decision_for_WEB__REDACTED_.pdf-teacher, and also because his partner, at the time, was a good friend of her family. She ./Mr_David_Fenwick__15294_-_SoS_Decision_for_WEB__REDACTED_.pdf-further stated that pupils found him to be “fun”, and would act in a “silly” manner around ./Mr_David_Fenwick__15294_-_SoS_Decision_for_WEB__REDACTED_.pdf-pupils. Pupil D stated, in her oral evidence, that Mr Fenwick would make lots of jokes with ./Mr_David_Fenwick__15294_-_SoS_Decision_for_WEB__REDACTED_.pdf:pupils and would make inappropriate remarks, some of which contained sexual ./Mr_David_Fenwick__15294_-_SoS_Decision_for_WEB__REDACTED_.pdf-innuendo. ./Mr_David_Fenwick__15294_-_SoS_Decision_for_WEB__REDACTED_.pdf- ./Mr_David_Fenwick__15294_-_SoS_Decision_for_WEB__REDACTED_.pdf-When questioned by the presenting officer, Pupil A stated, in oral evidence, that Mr ./Mr_David_Fenwick__15294_-_SoS_Decision_for_WEB__REDACTED_.pdf-Fenwick tried to “come on” to her at the School prom in June 2013. She further stated ./Mr_David_Fenwick__15294_-_SoS_Decision_for_WEB__REDACTED_.pdf-that at the end of the prom, when not many pupils were left, just before Pupil A and her ./Mr_David_Fenwick__15294_-_SoS_Decision_for_WEB__REDACTED_.pdf-friends were leaving, Mr Fenwick leaned into Pupil A and gave her a kiss on the lips, ./Mr_David_Fenwick__15294_-_SoS_Decision_for_WEB__REDACTED_.pdf-which shocked her at the time. Pupil B confirmed, in her oral evidence, that Pupil A had ./Mr_David_Fenwick__15294_-_SoS_Decision_for_WEB__REDACTED_.pdf-told her that Mr Fenwick had kissed her at the prom. ./Mr_David_Fenwick__15294_-_SoS_Decision_for_WEB__REDACTED_.pdf-Witness A’s oral evidence was that Pupil A had told her on 7 October 2015, that Mr ./Mr_David_Fenwick__15294_-_SoS_Decision_for_WEB__REDACTED_.pdf-Fenwick tried to kiss her at the prom in 2013. When questioned by the panel, Witness A -- ./Mr_David_Fenwick__15294_-_SoS_Decision_for_WEB__REDACTED_.pdf-you xxx” are included in the message. ./Mr_David_Fenwick__15294_-_SoS_Decision_for_WEB__REDACTED_.pdf-When giving oral evidence both Pupil A and Pupil B were asked by the panel about their ./Mr_David_Fenwick__15294_-_SoS_Decision_for_WEB__REDACTED_.pdf-impression of these photographs and images. Pupil B thought that many of the ./Mr_David_Fenwick__15294_-_SoS_Decision_for_WEB__REDACTED_.pdf-messages from Mr Fenwick to Pupil A were, “immature for a grown man” and Pupil A ./Mr_David_Fenwick__15294_-_SoS_Decision_for_WEB__REDACTED_.pdf-stated she, “knew it was not right” and “he should have known better”. ./Mr_David_Fenwick__15294_-_SoS_Decision_for_WEB__REDACTED_.pdf-The panel noted from the emails from his union representative dated 15 October and 9 ./Mr_David_Fenwick__15294_-_SoS_Decision_for_WEB__REDACTED_.pdf-November 2017 that Mr Fenwick admits the factual particulars of this allegation. ./Mr_David_Fenwick__15294_-_SoS_Decision_for_WEB__REDACTED_.pdf-In the panel’s view the images referred to above were indecent and inappropriate to be ./Mr_David_Fenwick__15294_-_SoS_Decision_for_WEB__REDACTED_.pdf-sent to Pupil A who was aged 16 at the time. The panel therefore found this allegation ./Mr_David_Fenwick__15294_-_SoS_Decision_for_WEB__REDACTED_.pdf-proven. ./Mr_David_Fenwick__15294_-_SoS_Decision_for_WEB__REDACTED_.pdf: vii. Allowed Pupil A to perform oral sex; ./Mr_David_Fenwick__15294_-_SoS_Decision_for_WEB__REDACTED_.pdf- ./Mr_David_Fenwick__15294_-_SoS_Decision_for_WEB__REDACTED_.pdf-The panel noted from the emails from his union representative dated 15 October and 9 ./Mr_David_Fenwick__15294_-_SoS_Decision_for_WEB__REDACTED_.pdf-November 2017 that Mr Fenwick denies the factual particulars of this allegation. ./Mr_David_Fenwick__15294_-_SoS_Decision_for_WEB__REDACTED_.pdf-In her oral evidence, Pupil A stated that sometimes when they went out in Mr Fenwick’s ./Mr_David_Fenwick__15294_-_SoS_Decision_for_WEB__REDACTED_.pdf-car, from July onwards until December 2013, Pupil A and Mr Fenwick would perform oral ./Mr_David_Fenwick__15294_-_SoS_Decision_for_WEB__REDACTED_.pdf:sex on each other. Pupil B’s oral evidence was that Pupil A had told her at the time that ./Mr_David_Fenwick__15294_-_SoS_Decision_for_WEB__REDACTED_.pdf:she and Mr Fenwick were having sexual contact. The panel considered both Pupil A and ./Mr_David_Fenwick__15294_-_SoS_Decision_for_WEB__REDACTED_.pdf-Pupil B to be credible witnesses and therefore the panel found this allegation proven. ./Mr_David_Fenwick__15294_-_SoS_Decision_for_WEB__REDACTED_.pdf: viii. Had sexual contact with Pupil A; ./Mr_David_Fenwick__15294_-_SoS_Decision_for_WEB__REDACTED_.pdf- ./Mr_David_Fenwick__15294_-_SoS_Decision_for_WEB__REDACTED_.pdf-This allegation is denied by Mr Fenwick, as confirmed by the content of the emails from ./Mr_David_Fenwick__15294_-_SoS_Decision_for_WEB__REDACTED_.pdf-his union representative dated 15 October and 9 November 2017. ./Mr_David_Fenwick__15294_-_SoS_Decision_for_WEB__REDACTED_.pdf:In addition to the oral sex referred to above at allegation 1.b.vii., Pupil A told the panel, in ./Mr_David_Fenwick__15294_-_SoS_Decision_for_WEB__REDACTED_.pdf-oral evidence that she and Mr Fenwick would touch each other intimately under their ./Mr_David_Fenwick__15294_-_SoS_Decision_for_WEB__REDACTED_.pdf:clothes from July until December 2013. Pupil A confirmed that this sexual contact took ./Mr_David_Fenwick__15294_-_SoS_Decision_for_WEB__REDACTED_.pdf-place on more than one occasion and about twice a week. Pupil B’s oral evidence ./Mr_David_Fenwick__15294_-_SoS_Decision_for_WEB__REDACTED_.pdf:corroborated that sexual contact had taken place between Mr Fenwick and Pupil A, as ./Mr_David_Fenwick__15294_-_SoS_Decision_for_WEB__REDACTED_.pdf-Pupil A had told her this was happening at the time. In light of Pupil A and Pupil B’s oral ./Mr_David_Fenwick__15294_-_SoS_Decision_for_WEB__REDACTED_.pdf-evidence, the panel found this allegation proven. ./Mr_David_Fenwick__15294_-_SoS_Decision_for_WEB__REDACTED_.pdf- ix. Went to City A with Pupil A; ./Mr_David_Fenwick__15294_-_SoS_Decision_for_WEB__REDACTED_.pdf- ./Mr_David_Fenwick__15294_-_SoS_Decision_for_WEB__REDACTED_.pdf- ./Mr_David_Fenwick__15294_-_SoS_Decision_for_WEB__REDACTED_.pdf- ./Mr_David_Fenwick__15294_-_SoS_Decision_for_WEB__REDACTED_.pdf- ./Mr_David_Fenwick__15294_-_SoS_Decision_for_WEB__REDACTED_.pdf- 16 ./Mr_David_Fenwick__15294_-_SoS_Decision_for_WEB__REDACTED_.pdf- -- ./Mr_David_Fenwick__15294_-_SoS_Decision_for_WEB__REDACTED_.pdf-Stem of allegation 1 ./Mr_David_Fenwick__15294_-_SoS_Decision_for_WEB__REDACTED_.pdf- ./Mr_David_Fenwick__15294_-_SoS_Decision_for_WEB__REDACTED_.pdf-The panel considered that each of the factual particulars found proven at allegations ./Mr_David_Fenwick__15294_-_SoS_Decision_for_WEB__REDACTED_.pdf-1.b.ii-1.b.ix are evidence of Mr Fenwick having an inappropriate relationship with Pupil A ./Mr_David_Fenwick__15294_-_SoS_Decision_for_WEB__REDACTED_.pdf-after she had left the School. The panel also considered that these same factual ./Mr_David_Fenwick__15294_-_SoS_Decision_for_WEB__REDACTED_.pdf-particulars are further evidence of his failure to maintain appropriate professional ./Mr_David_Fenwick__15294_-_SoS_Decision_for_WEB__REDACTED_.pdf-boundaries and inappropriate behaviour and contact with Pupil A who at that time was a ./Mr_David_Fenwick__15294_-_SoS_Decision_for_WEB__REDACTED_.pdf-former pupil of the School. Therefore the stem of allegation 1. is proven. ./Mr_David_Fenwick__15294_-_SoS_Decision_for_WEB__REDACTED_.pdf- ./Mr_David_Fenwick__15294_-_SoS_Decision_for_WEB__REDACTED_.pdf- 2. Your actions toward Pupil A, as may be found proven, at allegation 1 was ./Mr_David_Fenwick__15294_-_SoS_Decision_for_WEB__REDACTED_.pdf: sexually motivated. ./Mr_David_Fenwick__15294_-_SoS_Decision_for_WEB__REDACTED_.pdf- ./Mr_David_Fenwick__15294_-_SoS_Decision_for_WEB__REDACTED_.pdf-This allegation is denied by Mr Fenwick, as confirmed by the content of the email from his ./Mr_David_Fenwick__15294_-_SoS_Decision_for_WEB__REDACTED_.pdf-union representative dated 15 October 2017. ./Mr_David_Fenwick__15294_-_SoS_Decision_for_WEB__REDACTED_.pdf-The presenting officer submitted that Pupil B’s oral evidence corroborated Pupil A’s ./Mr_David_Fenwick__15294_-_SoS_Decision_for_WEB__REDACTED_.pdf-account of Mr Fenwick’s inappropriate conduct towards Pupil A during the School prom, ./Mr_David_Fenwick__15294_-_SoS_Decision_for_WEB__REDACTED_.pdf:driving around in Mr Fenwick’s car and Pupil A forming a sexual relationship with him. ./Mr_David_Fenwick__15294_-_SoS_Decision_for_WEB__REDACTED_.pdf-The panel agreed. ./Mr_David_Fenwick__15294_-_SoS_Decision_for_WEB__REDACTED_.pdf-The presenting officer further submitted, in her closing submissions, that many of the ./Mr_David_Fenwick__15294_-_SoS_Decision_for_WEB__REDACTED_.pdf:pictures and messages that Mr Fenwick sent to Pupil A had sexual connotation. She ./Mr_David_Fenwick__15294_-_SoS_Decision_for_WEB__REDACTED_.pdf-further submitted that it was after sending these messages, that their relationship ./Mr_David_Fenwick__15294_-_SoS_Decision_for_WEB__REDACTED_.pdf:became sexual. She also reminded the panel that Pupil A received videos from Mr ./Mr_David_Fenwick__15294_-_SoS_Decision_for_WEB__REDACTED_.pdf-Fenwick in which he mimed the words to love songs, and Pupil A considered that Mr ./Mr_David_Fenwick__15294_-_SoS_Decision_for_WEB__REDACTED_.pdf-Fenwick was expressing love for her. It is the National College’s case that Mr Fenwick’s ./Mr_David_Fenwick__15294_-_SoS_Decision_for_WEB__REDACTED_.pdf:behaviour towards Pupil A was sexually motivated. ./Mr_David_Fenwick__15294_-_SoS_Decision_for_WEB__REDACTED_.pdf-Pupil A’s account of the events that took place between July to December 2013 was, in ./Mr_David_Fenwick__15294_-_SoS_Decision_for_WEB__REDACTED_.pdf-the panel’s view, credible. ./Mr_David_Fenwick__15294_-_SoS_Decision_for_WEB__REDACTED_.pdf- ./Mr_David_Fenwick__15294_-_SoS_Decision_for_WEB__REDACTED_.pdf- ./Mr_David_Fenwick__15294_-_SoS_Decision_for_WEB__REDACTED_.pdf- 17 ./Mr_David_Fenwick__15294_-_SoS_Decision_for_WEB__REDACTED_.pdf- -- ./Mr_David_Fenwick__15294_-_SoS_Decision_for_WEB__REDACTED_.pdf-The panel considered that the proven conduct referred to at allegations 1.a.i, 1.a.iv and ./Mr_David_Fenwick__15294_-_SoS_Decision_for_WEB__REDACTED_.pdf-1.b.ii-1.b.ix provided compelling evidence that would cause a reasonable person to ./Mr_David_Fenwick__15294_-_SoS_Decision_for_WEB__REDACTED_.pdf:consider that Mr Fenwick’s actions towards Pupil A were sexual. The panel also ./Mr_David_Fenwick__15294_-_SoS_Decision_for_WEB__REDACTED_.pdf-considered that in all the circumstances, it is more likely than not that the purpose of Mr ./Mr_David_Fenwick__15294_-_SoS_Decision_for_WEB__REDACTED_.pdf:Fenwick’s words/actions were sexually motivated. It was clear to the panel, that Mr ./Mr_David_Fenwick__15294_-_SoS_Decision_for_WEB__REDACTED_.pdf-Fenwick’s kissing Pupil A at the prom, touching Pupil A intimately under her clothes or ./Mr_David_Fenwick__15294_-_SoS_Decision_for_WEB__REDACTED_.pdf:performing oral sex with her, was sexually motivated behaviour. Therefore, the panel ./Mr_David_Fenwick__15294_-_SoS_Decision_for_WEB__REDACTED_.pdf-found this allegation proven. ./Mr_David_Fenwick__15294_-_SoS_Decision_for_WEB__REDACTED_.pdf- ./Mr_David_Fenwick__15294_-_SoS_Decision_for_WEB__REDACTED_.pdf-Findings as to unacceptable professional conduct and/or conduct that ./Mr_David_Fenwick__15294_-_SoS_Decision_for_WEB__REDACTED_.pdf-may bring the profession into disrepute ./Mr_David_Fenwick__15294_-_SoS_Decision_for_WEB__REDACTED_.pdf-Having found allegations 1.a.i, 1.a.iii,-1.a.iv, 1.b.ii-1.b.ix and 2 to have been proven, the ./Mr_David_Fenwick__15294_-_SoS_Decision_for_WEB__REDACTED_.pdf-panel has gone on to consider whether the facts of those proven allegations amount to ./Mr_David_Fenwick__15294_-_SoS_Decision_for_WEB__REDACTED_.pdf-unacceptable professional conduct and/or conduct that may bring the profession into ./Mr_David_Fenwick__15294_-_SoS_Decision_for_WEB__REDACTED_.pdf-disrepute. ./Mr_David_Fenwick__15294_-_SoS_Decision_for_WEB__REDACTED_.pdf- ./Mr_David_Fenwick__15294_-_SoS_Decision_for_WEB__REDACTED_.pdf-In doing so, the panel has had regard to the document Teacher misconduct: The -- ./Mr_David_Fenwick__15294_-_SoS_Decision_for_WEB__REDACTED_.pdf-well-being. ./Mr_David_Fenwick__15294_-_SoS_Decision_for_WEB__REDACTED_.pdf- ./Mr_David_Fenwick__15294_-_SoS_Decision_for_WEB__REDACTED_.pdf-Both Pupil A and Pupil B stated in oral evidence that when Mr Fenwick ended the ./Mr_David_Fenwick__15294_-_SoS_Decision_for_WEB__REDACTED_.pdf-relationship in December 2013, Pupil A experienced significant distress as Mr Fenwick ./Mr_David_Fenwick__15294_-_SoS_Decision_for_WEB__REDACTED_.pdf-had deliberately led Pupil A to believe that he “loved” her. Pupil B further stated in oral ./Mr_David_Fenwick__15294_-_SoS_Decision_for_WEB__REDACTED_.pdf-evidence, that after witnessing Pupil A’s distress, she told Mr Fenwick that he should not ./Mr_David_Fenwick__15294_-_SoS_Decision_for_WEB__REDACTED_.pdf-send messages to Pupil A and that he should not have let the relationship, “go this far”. ./Mr_David_Fenwick__15294_-_SoS_Decision_for_WEB__REDACTED_.pdf- ./Mr_David_Fenwick__15294_-_SoS_Decision_for_WEB__REDACTED_.pdf-The panel has also considered whether Mr Fenwick’s conduct displayed behaviours ./Mr_David_Fenwick__15294_-_SoS_Decision_for_WEB__REDACTED_.pdf-associated with any of the offences listed on pages 8 and 9 of the Advice. The panel has ./Mr_David_Fenwick__15294_-_SoS_Decision_for_WEB__REDACTED_.pdf:found that the offence of sexual activity is relevant as Mr Fenwick had sexual contact with ./Mr_David_Fenwick__15294_-_SoS_Decision_for_WEB__REDACTED_.pdf-Pupil A. The Advice indicates that where behaviours associated with such an offence ./Mr_David_Fenwick__15294_-_SoS_Decision_for_WEB__REDACTED_.pdf-exist, a panel is likely to conclude that an individual’s conduct would amount to ./Mr_David_Fenwick__15294_-_SoS_Decision_for_WEB__REDACTED_.pdf-unacceptable professional conduct. ./Mr_David_Fenwick__15294_-_SoS_Decision_for_WEB__REDACTED_.pdf- ./Mr_David_Fenwick__15294_-_SoS_Decision_for_WEB__REDACTED_.pdf-The panel notes that the factual particulars found proven at allegations 1.b.ii-1.b.ix took ./Mr_David_Fenwick__15294_-_SoS_Decision_for_WEB__REDACTED_.pdf-place outside of the education setting, albeit that the panel found that Mr Fenwick’s ./Mr_David_Fenwick__15294_-_SoS_Decision_for_WEB__REDACTED_.pdf-inappropriate behaviour towards Pupil A started whilst she was a pupil of the School and ./Mr_David_Fenwick__15294_-_SoS_Decision_for_WEB__REDACTED_.pdf-continued after she left the School. The panel considered that Mr Fenwick’s behaviour ./Mr_David_Fenwick__15294_-_SoS_Decision_for_WEB__REDACTED_.pdf-affects the way he fulfils his teaching role or may lead to pupils being exposed to or ./Mr_David_Fenwick__15294_-_SoS_Decision_for_WEB__REDACTED_.pdf-influenced by his behaviour in a harmful way. The panel found that Mr Fenwick targeted -- ./Mr_David_Fenwick__15294_-_SoS_Decision_for_WEB__REDACTED_.pdf-measure, and whether it is in the public interest to do so. Prohibition orders should not be ./Mr_David_Fenwick__15294_-_SoS_Decision_for_WEB__REDACTED_.pdf-given in order to be punitive, or to show that blame has been apportioned, although they ./Mr_David_Fenwick__15294_-_SoS_Decision_for_WEB__REDACTED_.pdf-are likely to have a punitive effect. ./Mr_David_Fenwick__15294_-_SoS_Decision_for_WEB__REDACTED_.pdf- ./Mr_David_Fenwick__15294_-_SoS_Decision_for_WEB__REDACTED_.pdf-The panel has considered the particular public interest considerations set out in the ./Mr_David_Fenwick__15294_-_SoS_Decision_for_WEB__REDACTED_.pdf-Advice and having done so has found a number of them to be relevant in this case, ./Mr_David_Fenwick__15294_-_SoS_Decision_for_WEB__REDACTED_.pdf-namely: the protection of pupils, the maintenance of public confidence in the profession, ./Mr_David_Fenwick__15294_-_SoS_Decision_for_WEB__REDACTED_.pdf-and declaring and upholding proper standards of conduct. ./Mr_David_Fenwick__15294_-_SoS_Decision_for_WEB__REDACTED_.pdf- ./Mr_David_Fenwick__15294_-_SoS_Decision_for_WEB__REDACTED_.pdf-In light of this case, there is a strong public interest consideration in respect of the ./Mr_David_Fenwick__15294_-_SoS_Decision_for_WEB__REDACTED_.pdf:protection of pupils given the serious findings of an inappropriate sexual relationship with ./Mr_David_Fenwick__15294_-_SoS_Decision_for_WEB__REDACTED_.pdf-Pupil A whilst she was 16 years of age. ./Mr_David_Fenwick__15294_-_SoS_Decision_for_WEB__REDACTED_.pdf- ./Mr_David_Fenwick__15294_-_SoS_Decision_for_WEB__REDACTED_.pdf-Similarly, the panel considers that public confidence in the profession would be seriously ./Mr_David_Fenwick__15294_-_SoS_Decision_for_WEB__REDACTED_.pdf-weakened if conduct such as that found against Mr Fenwick were not treated with the ./Mr_David_Fenwick__15294_-_SoS_Decision_for_WEB__REDACTED_.pdf-utmost seriousness when regulating the conduct of the profession. ./Mr_David_Fenwick__15294_-_SoS_Decision_for_WEB__REDACTED_.pdf- ./Mr_David_Fenwick__15294_-_SoS_Decision_for_WEB__REDACTED_.pdf-The panel considered that a strong public interest consideration in declaring proper ./Mr_David_Fenwick__15294_-_SoS_Decision_for_WEB__REDACTED_.pdf-standards of conduct in the profession was also present as the conduct found against Mr ./Mr_David_Fenwick__15294_-_SoS_Decision_for_WEB__REDACTED_.pdf-Fenwick was far outside that which could reasonably be tolerated. ./Mr_David_Fenwick__15294_-_SoS_Decision_for_WEB__REDACTED_.pdf- -- ./Mr_David_Fenwick__15294_-_SoS_Decision_for_WEB__REDACTED_.pdf-  serious departure from the personal and professional conduct elements of the ./Mr_David_Fenwick__15294_-_SoS_Decision_for_WEB__REDACTED_.pdf- Teachers’ Standards; ./Mr_David_Fenwick__15294_-_SoS_Decision_for_WEB__REDACTED_.pdf-  misconduct seriously affecting the education and/or well-being of pupils, and ./Mr_David_Fenwick__15294_-_SoS_Decision_for_WEB__REDACTED_.pdf- particularly where there is a continuing risk; ./Mr_David_Fenwick__15294_-_SoS_Decision_for_WEB__REDACTED_.pdf-  a deep-seated attitude that leads to harmful behaviour; ./Mr_David_Fenwick__15294_-_SoS_Decision_for_WEB__REDACTED_.pdf-  abuse of position or trust (particularly involving vulnerable pupils) or violation of the ./Mr_David_Fenwick__15294_-_SoS_Decision_for_WEB__REDACTED_.pdf- rights of pupils; ./Mr_David_Fenwick__15294_-_SoS_Decision_for_WEB__REDACTED_.pdf:  sexual misconduct, e.g. involving actions that were sexually motivated or of a ./Mr_David_Fenwick__15294_-_SoS_Decision_for_WEB__REDACTED_.pdf: sexual nature and/or that use or exploit the trust, knowledge or influence derived ./Mr_David_Fenwick__15294_-_SoS_Decision_for_WEB__REDACTED_.pdf- from the individual’s professional position; ./Mr_David_Fenwick__15294_-_SoS_Decision_for_WEB__REDACTED_.pdf-The panel noted from the documents, included in the bundle, from the School’s ./Mr_David_Fenwick__15294_-_SoS_Decision_for_WEB__REDACTED_.pdf-disciplinary process that Mr Fenwick’s previous conduct at the School has raised ./Mr_David_Fenwick__15294_-_SoS_Decision_for_WEB__REDACTED_.pdf-concerns about his ability to maintain appropriate professional boundaries with pupils. ./Mr_David_Fenwick__15294_-_SoS_Decision_for_WEB__REDACTED_.pdf-This led to Mr Fenwick receiving advice from his head of department and headteacher on ./Mr_David_Fenwick__15294_-_SoS_Decision_for_WEB__REDACTED_.pdf-separate occasions and this culminated in him being provided with additional ./Mr_David_Fenwick__15294_-_SoS_Decision_for_WEB__REDACTED_.pdf-safeguarding training. However, despite this Mr Fenwick still went on to develop an ./Mr_David_Fenwick__15294_-_SoS_Decision_for_WEB__REDACTED_.pdf-inappropriate relationship with Pupil A which commenced whilst she was still a pupil of ./Mr_David_Fenwick__15294_-_SoS_Decision_for_WEB__REDACTED_.pdf-the School. The panel was concerned that Mr Fenwick had a deep seated attitude which ./Mr_David_Fenwick__15294_-_SoS_Decision_for_WEB__REDACTED_.pdf-impacted on his behaviour towards pupils. ./Mr_David_Fenwick__15294_-_SoS_Decision_for_WEB__REDACTED_.pdf- ./Mr_David_Fenwick__15294_-_SoS_Decision_for_WEB__REDACTED_.pdf-Even though there were behaviours that would point to the appropriateness of a ./Mr_David_Fenwick__15294_-_SoS_Decision_for_WEB__REDACTED_.pdf-prohibition order, the panel went on to consider whether or not there were sufficient ./Mr_David_Fenwick__15294_-_SoS_Decision_for_WEB__REDACTED_.pdf-mitigating factors to militate against the appropriateness and proportionality of the ./Mr_David_Fenwick__15294_-_SoS_Decision_for_WEB__REDACTED_.pdf-imposition of a prohibition order, particularly taking into account the nature and severity of ./Mr_David_Fenwick__15294_-_SoS_Decision_for_WEB__REDACTED_.pdf-the behaviour in this case. ./Mr_David_Fenwick__15294_-_SoS_Decision_for_WEB__REDACTED_.pdf- ./Mr_David_Fenwick__15294_-_SoS_Decision_for_WEB__REDACTED_.pdf-There was no evidence to suggest that Mr Fenwick was acting under duress, and in fact ./Mr_David_Fenwick__15294_-_SoS_Decision_for_WEB__REDACTED_.pdf:the panel found Mr Fenwick’s actions towards Pupil A were both targeted and sexually ./Mr_David_Fenwick__15294_-_SoS_Decision_for_WEB__REDACTED_.pdf-motivated. These actions were sustained over a period of more than six months. The ./Mr_David_Fenwick__15294_-_SoS_Decision_for_WEB__REDACTED_.pdf-panel noted that there were no teacher documents on behalf of Mr Fenwick included in ./Mr_David_Fenwick__15294_-_SoS_Decision_for_WEB__REDACTED_.pdf-the bundle. However, the panel noted from the minutes of the personnel committee ./Mr_David_Fenwick__15294_-_SoS_Decision_for_WEB__REDACTED_.pdf-meeting held by the School on 23 February 2016 that in his 14 years at the School, Mr ./Mr_David_Fenwick__15294_-_SoS_Decision_for_WEB__REDACTED_.pdf-Fenwick had “been spoken to informally on four occasions” whilst employed at the ./Mr_David_Fenwick__15294_-_SoS_Decision_for_WEB__REDACTED_.pdf-School. ./Mr_David_Fenwick__15294_-_SoS_Decision_for_WEB__REDACTED_.pdf- ./Mr_David_Fenwick__15294_-_SoS_Decision_for_WEB__REDACTED_.pdf-It appeared from the documents relating to an earlier meeting with the headteacher on 16 ./Mr_David_Fenwick__15294_-_SoS_Decision_for_WEB__REDACTED_.pdf-July 2013, included in the bundle, that it is noted that Mr Fenwick previously had difficulty ./Mr_David_Fenwick__15294_-_SoS_Decision_for_WEB__REDACTED_.pdf-maintaining appropriate professional boundaries with pupils. In this meeting the -- ./Mr_David_Fenwick__15294_-_SoS_Decision_for_WEB__REDACTED_.pdf-that a prohibition order should be imposed with immediate effect. ./Mr_David_Fenwick__15294_-_SoS_Decision_for_WEB__REDACTED_.pdf- ./Mr_David_Fenwick__15294_-_SoS_Decision_for_WEB__REDACTED_.pdf-The panel went on to consider whether or not it would be appropriate to decide to ./Mr_David_Fenwick__15294_-_SoS_Decision_for_WEB__REDACTED_.pdf-recommend that a review period of the order should be considered. The panel was ./Mr_David_Fenwick__15294_-_SoS_Decision_for_WEB__REDACTED_.pdf-mindful that the Advice states that a prohibition order applies for life, but there may be ./Mr_David_Fenwick__15294_-_SoS_Decision_for_WEB__REDACTED_.pdf-circumstances in any given case that may make it appropriate to allow a teacher to apply ./Mr_David_Fenwick__15294_-_SoS_Decision_for_WEB__REDACTED_.pdf-to have the prohibition order reviewed after a specified period of time that may not be ./Mr_David_Fenwick__15294_-_SoS_Decision_for_WEB__REDACTED_.pdf-less than two years. ./Mr_David_Fenwick__15294_-_SoS_Decision_for_WEB__REDACTED_.pdf- ./Mr_David_Fenwick__15294_-_SoS_Decision_for_WEB__REDACTED_.pdf-The Advice indicates that there are behaviours that, if proven, would militate against a ./Mr_David_Fenwick__15294_-_SoS_Decision_for_WEB__REDACTED_.pdf:review period being recommended. One of these behaviours includes serious sexual ./Mr_David_Fenwick__15294_-_SoS_Decision_for_WEB__REDACTED_.pdf:misconduct, e.g., where the act was sexually motivated and resulted in or had the ./Mr_David_Fenwick__15294_-_SoS_Decision_for_WEB__REDACTED_.pdf-potential to result in, harm to a person or persons, particularly where the individual has ./Mr_David_Fenwick__15294_-_SoS_Decision_for_WEB__REDACTED_.pdf- ./Mr_David_Fenwick__15294_-_SoS_Decision_for_WEB__REDACTED_.pdf- 22 ./Mr_David_Fenwick__15294_-_SoS_Decision_for_WEB__REDACTED_.pdf- -- ./Mr_David_Fenwick__15294_-_SoS_Decision_for_WEB__REDACTED_.pdf-used their professional position to influence or exploit a person or persons. The panel ./Mr_David_Fenwick__15294_-_SoS_Decision_for_WEB__REDACTED_.pdf-has found that Mr Fenwick exercised a sustained pattern of behaviour towards Pupil A ./Mr_David_Fenwick__15294_-_SoS_Decision_for_WEB__REDACTED_.pdf:that was sexually motivated and it is highly likely, in the panel’s view, that this resulted in ./Mr_David_Fenwick__15294_-_SoS_Decision_for_WEB__REDACTED_.pdf-harm to Pupil A. The panel considered Mr Fenwick clearly used his professional position ./Mr_David_Fenwick__15294_-_SoS_Decision_for_WEB__REDACTED_.pdf-as a teacher to influence or exploit Pupil A to encourage her to enter an inappropriate ./Mr_David_Fenwick__15294_-_SoS_Decision_for_WEB__REDACTED_.pdf-relationship with him. ./Mr_David_Fenwick__15294_-_SoS_Decision_for_WEB__REDACTED_.pdf- ./Mr_David_Fenwick__15294_-_SoS_Decision_for_WEB__REDACTED_.pdf-The panel considered that the documents relating to the School’s disciplinary process do ./Mr_David_Fenwick__15294_-_SoS_Decision_for_WEB__REDACTED_.pdf-not demonstrate that Mr Fenwick had any remorse or concern over the inappropriateness ./Mr_David_Fenwick__15294_-_SoS_Decision_for_WEB__REDACTED_.pdf-of his behaviour towards Pupil A. In addition, given the limited submissions provided by ./Mr_David_Fenwick__15294_-_SoS_Decision_for_WEB__REDACTED_.pdf-Mr Fenwick or his union representative in the context of these proceedings, the panel has ./Mr_David_Fenwick__15294_-_SoS_Decision_for_WEB__REDACTED_.pdf-no evidence that Mr Fenwick has any insight over how to ensure similar behaviour would ./Mr_David_Fenwick__15294_-_SoS_Decision_for_WEB__REDACTED_.pdf-not be repeated in the future. ./Mr_David_Fenwick__15294_-_SoS_Decision_for_WEB__REDACTED_.pdf- ./Mr_David_Fenwick__15294_-_SoS_Decision_for_WEB__REDACTED_.pdf-The panel felt the findings it has made in this case, namely that Mr Fenwick has ./Mr_David_Fenwick__15294_-_SoS_Decision_for_WEB__REDACTED_.pdf:committed serious sexual misconduct, is a situation in which a review period would not ./Mr_David_Fenwick__15294_-_SoS_Decision_for_WEB__REDACTED_.pdf-be appropriate. As such, the panel decided that it would be proportionate in all the ./Mr_David_Fenwick__15294_-_SoS_Decision_for_WEB__REDACTED_.pdf-circumstances of this case, for the prohibition order to be recommended without provision ./Mr_David_Fenwick__15294_-_SoS_Decision_for_WEB__REDACTED_.pdf-for a review period. ./Mr_David_Fenwick__15294_-_SoS_Decision_for_WEB__REDACTED_.pdf- ./Mr_David_Fenwick__15294_-_SoS_Decision_for_WEB__REDACTED_.pdf- ./Mr_David_Fenwick__15294_-_SoS_Decision_for_WEB__REDACTED_.pdf-Decision and reasons on behalf of the Secretary of State ./Mr_David_Fenwick__15294_-_SoS_Decision_for_WEB__REDACTED_.pdf-I have given very careful consideration to this case and to the recommendation of the ./Mr_David_Fenwick__15294_-_SoS_Decision_for_WEB__REDACTED_.pdf-panel in respect of sanction and no review period. ./Mr_David_Fenwick__15294_-_SoS_Decision_for_WEB__REDACTED_.pdf- ./Mr_David_Fenwick__15294_-_SoS_Decision_for_WEB__REDACTED_.pdf-In considering this case, I have also given very careful attention to the advice that is -- ./Mr_David_Fenwick__15294_-_SoS_Decision_for_WEB__REDACTED_.pdf-  Teachers must have proper and professional regard for the ethos, policies and ./Mr_David_Fenwick__15294_-_SoS_Decision_for_WEB__REDACTED_.pdf- practices of the school in which they teach, and maintain high standards in their ./Mr_David_Fenwick__15294_-_SoS_Decision_for_WEB__REDACTED_.pdf- own attendance and punctuality. ./Mr_David_Fenwick__15294_-_SoS_Decision_for_WEB__REDACTED_.pdf-  Teachers must have an understanding of, and always act within, the statutory ./Mr_David_Fenwick__15294_-_SoS_Decision_for_WEB__REDACTED_.pdf- frameworks which set out their professional duties and responsibilities. ./Mr_David_Fenwick__15294_-_SoS_Decision_for_WEB__REDACTED_.pdf-The panel finds that the conduct of Mr Fenwick fell significantly short of the standards ./Mr_David_Fenwick__15294_-_SoS_Decision_for_WEB__REDACTED_.pdf-expected of the profession. ./Mr_David_Fenwick__15294_-_SoS_Decision_for_WEB__REDACTED_.pdf- ./Mr_David_Fenwick__15294_-_SoS_Decision_for_WEB__REDACTED_.pdf:The findings of misconduct are particularly serious as they include a finding of sexual ./Mr_David_Fenwick__15294_-_SoS_Decision_for_WEB__REDACTED_.pdf-misconduct. ./Mr_David_Fenwick__15294_-_SoS_Decision_for_WEB__REDACTED_.pdf- ./Mr_David_Fenwick__15294_-_SoS_Decision_for_WEB__REDACTED_.pdf-I have to determine whether the imposition of a prohibition order is proportionate and in ./Mr_David_Fenwick__15294_-_SoS_Decision_for_WEB__REDACTED_.pdf-the public interest. In considering that for this case I have considered the overall aim of a ./Mr_David_Fenwick__15294_-_SoS_Decision_for_WEB__REDACTED_.pdf-prohibition order which is to protect pupils and to maintain public confidence in the ./Mr_David_Fenwick__15294_-_SoS_Decision_for_WEB__REDACTED_.pdf-profession. I have considered the extent to which a prohibition order in this case would ./Mr_David_Fenwick__15294_-_SoS_Decision_for_WEB__REDACTED_.pdf-achieve that aim taking into account the impact that it will have on the individual teacher. ./Mr_David_Fenwick__15294_-_SoS_Decision_for_WEB__REDACTED_.pdf-I have also asked myself whether or not a less intrusive measure, such as the published ./Mr_David_Fenwick__15294_-_SoS_Decision_for_WEB__REDACTED_.pdf-finding of unacceptable professional conduct and conduct that may bring the profession ./Mr_David_Fenwick__15294_-_SoS_Decision_for_WEB__REDACTED_.pdf-into disrepute, would itself be sufficient to achieve the overall aim. I have to consider -- ./Mr_David_Fenwick__15294_-_SoS_Decision_for_WEB__REDACTED_.pdf-commented that Mr Fenwick’s evidence failed to show, “any insight over how to ensure ./Mr_David_Fenwick__15294_-_SoS_Decision_for_WEB__REDACTED_.pdf-similar behaviour would not be repeated in the future”. In my judgement the lack of ./Mr_David_Fenwick__15294_-_SoS_Decision_for_WEB__REDACTED_.pdf-insight means that there is some risk of the repetition of this behaviour and this risks ./Mr_David_Fenwick__15294_-_SoS_Decision_for_WEB__REDACTED_.pdf-future pupils’ safety. I have therefore given this element considerable weight in reaching ./Mr_David_Fenwick__15294_-_SoS_Decision_for_WEB__REDACTED_.pdf-my decision. ./Mr_David_Fenwick__15294_-_SoS_Decision_for_WEB__REDACTED_.pdf- ./Mr_David_Fenwick__15294_-_SoS_Decision_for_WEB__REDACTED_.pdf-I have gone on to consider the extent to which a prohibition order would maintain public ./Mr_David_Fenwick__15294_-_SoS_Decision_for_WEB__REDACTED_.pdf-confidence in the profession. The panel observe, “that public confidence in the profession ./Mr_David_Fenwick__15294_-_SoS_Decision_for_WEB__REDACTED_.pdf-would be seriously weakened if conduct such as that found against Mr Fenwick were not ./Mr_David_Fenwick__15294_-_SoS_Decision_for_WEB__REDACTED_.pdf-treated with the utmost seriousness when regulating the conduct of the profession.” I am ./Mr_David_Fenwick__15294_-_SoS_Decision_for_WEB__REDACTED_.pdf:particularly mindful of the finding of sexual misconduct in this case and the impact that ./Mr_David_Fenwick__15294_-_SoS_Decision_for_WEB__REDACTED_.pdf-such a finding has on the reputation of the profession. ./Mr_David_Fenwick__15294_-_SoS_Decision_for_WEB__REDACTED_.pdf- ./Mr_David_Fenwick__15294_-_SoS_Decision_for_WEB__REDACTED_.pdf- ./Mr_David_Fenwick__15294_-_SoS_Decision_for_WEB__REDACTED_.pdf- ./Mr_David_Fenwick__15294_-_SoS_Decision_for_WEB__REDACTED_.pdf- ./Mr_David_Fenwick__15294_-_SoS_Decision_for_WEB__REDACTED_.pdf- 24 ./Mr_David_Fenwick__15294_-_SoS_Decision_for_WEB__REDACTED_.pdf- -- ./Mr_David_Fenwick__15294_-_SoS_Decision_for_WEB__REDACTED_.pdf-interest requirement concerning public confidence in the profession. ./Mr_David_Fenwick__15294_-_SoS_Decision_for_WEB__REDACTED_.pdf- ./Mr_David_Fenwick__15294_-_SoS_Decision_for_WEB__REDACTED_.pdf-For these reasons I have concluded that a prohibition order is proportionate and in the ./Mr_David_Fenwick__15294_-_SoS_Decision_for_WEB__REDACTED_.pdf-public interest in order to achieve the aims which a prohibition order is intended to ./Mr_David_Fenwick__15294_-_SoS_Decision_for_WEB__REDACTED_.pdf-achieve. ./Mr_David_Fenwick__15294_-_SoS_Decision_for_WEB__REDACTED_.pdf- ./Mr_David_Fenwick__15294_-_SoS_Decision_for_WEB__REDACTED_.pdf-I have gone on to consider the matter of a review period. In this case the panel has ./Mr_David_Fenwick__15294_-_SoS_Decision_for_WEB__REDACTED_.pdf-recommended no review period. ./Mr_David_Fenwick__15294_-_SoS_Decision_for_WEB__REDACTED_.pdf- ./Mr_David_Fenwick__15294_-_SoS_Decision_for_WEB__REDACTED_.pdf-I have considered the panel’s comments “The panel has found that Mr Fenwick exercised ./Mr_David_Fenwick__15294_-_SoS_Decision_for_WEB__REDACTED_.pdf:a sustained pattern of behaviour towards Pupil A that was sexually motivated and it is ./Mr_David_Fenwick__15294_-_SoS_Decision_for_WEB__REDACTED_.pdf-highly likely, in the panel’s view, that this resulted in harm to Pupil A.” ./Mr_David_Fenwick__15294_-_SoS_Decision_for_WEB__REDACTED_.pdf- ./Mr_David_Fenwick__15294_-_SoS_Decision_for_WEB__REDACTED_.pdf-The panel has also said that, “the findings it has made in this case, namely that Mr ./Mr_David_Fenwick__15294_-_SoS_Decision_for_WEB__REDACTED_.pdf:Fenwick has committed serious sexual misconduct, is a situation in which a review period ./Mr_David_Fenwick__15294_-_SoS_Decision_for_WEB__REDACTED_.pdf-would not be appropriate.” ./Mr_David_Fenwick__15294_-_SoS_Decision_for_WEB__REDACTED_.pdf- ./Mr_David_Fenwick__15294_-_SoS_Decision_for_WEB__REDACTED_.pdf- ./Mr_David_Fenwick__15294_-_SoS_Decision_for_WEB__REDACTED_.pdf- ./Mr_David_Fenwick__15294_-_SoS_Decision_for_WEB__REDACTED_.pdf- ./Mr_David_Fenwick__15294_-_SoS_Decision_for_WEB__REDACTED_.pdf- 25 ./Mr_David_Fenwick__15294_-_SoS_Decision_for_WEB__REDACTED_.pdf- ./Mr_David_Hugh_Gideon__13135_-_Secretary_of_State_Decision.pdf-2017. ./Mr_David_Hugh_Gideon__13135_-_Secretary_of_State_Decision.pdf- ./Mr_David_Hugh_Gideon__13135_-_Secretary_of_State_Decision.pdf-It was alleged that Mr Gideon was guilty of unacceptable professional conduct and/or ./Mr_David_Hugh_Gideon__13135_-_Secretary_of_State_Decision.pdf-conduct that may bring the profession into disrepute, in that he: ./Mr_David_Hugh_Gideon__13135_-_Secretary_of_State_Decision.pdf- ./Mr_David_Hugh_Gideon__13135_-_Secretary_of_State_Decision.pdf- 1. Engaged in inappropriate electronic communications during which he: ./Mr_David_Hugh_Gideon__13135_-_Secretary_of_State_Decision.pdf- ./Mr_David_Hugh_Gideon__13135_-_Secretary_of_State_Decision.pdf- a. received one or more indecent images of children from Individual A ./Mr_David_Hugh_Gideon__13135_-_Secretary_of_State_Decision.pdf- between 2010 to 2014; ./Mr_David_Hugh_Gideon__13135_-_Secretary_of_State_Decision.pdf- ./Mr_David_Hugh_Gideon__13135_-_Secretary_of_State_Decision.pdf: b. engaged in discussion of sexual abuse of children with Individual A via ./Mr_David_Hugh_Gideon__13135_-_Secretary_of_State_Decision.pdf- email and / or Messenger in or around December 2012 to February 2013; ./Mr_David_Hugh_Gideon__13135_-_Secretary_of_State_Decision.pdf- ./Mr_David_Hugh_Gideon__13135_-_Secretary_of_State_Decision.pdf: c. engaged in discussion of sexual abuse of children via Messenger in or ./Mr_David_Hugh_Gideon__13135_-_Secretary_of_State_Decision.pdf- around March 2011; ./Mr_David_Hugh_Gideon__13135_-_Secretary_of_State_Decision.pdf- ./Mr_David_Hugh_Gideon__13135_-_Secretary_of_State_Decision.pdf: d. engaged in discussion of sexual abuse of children with Individual B ./Mr_David_Hugh_Gideon__13135_-_Secretary_of_State_Decision.pdf- including discussion of: ./Mr_David_Hugh_Gideon__13135_-_Secretary_of_State_Decision.pdf- ./Mr_David_Hugh_Gideon__13135_-_Secretary_of_State_Decision.pdf- i. tying up and spanking Individual B’s daughter; ./Mr_David_Hugh_Gideon__13135_-_Secretary_of_State_Decision.pdf- ./Mr_David_Hugh_Gideon__13135_-_Secretary_of_State_Decision.pdf: ii. engaging in sexual activity with Individual B’s daughter; ./Mr_David_Hugh_Gideon__13135_-_Secretary_of_State_Decision.pdf- ./Mr_David_Hugh_Gideon__13135_-_Secretary_of_State_Decision.pdf- e. requested that one or more children send him photographs of themselves in ./Mr_David_Hugh_Gideon__13135_-_Secretary_of_State_Decision.pdf- or around May 2013 via Skype and / or Yahoo Chat including: ./Mr_David_Hugh_Gideon__13135_-_Secretary_of_State_Decision.pdf- ./Mr_David_Hugh_Gideon__13135_-_Secretary_of_State_Decision.pdf- i. an image of them wearing their schoolgirl uniform; ./Mr_David_Hugh_Gideon__13135_-_Secretary_of_State_Decision.pdf- ./Mr_David_Hugh_Gideon__13135_-_Secretary_of_State_Decision.pdf- ii. an image of their bottom; ./Mr_David_Hugh_Gideon__13135_-_Secretary_of_State_Decision.pdf- ./Mr_David_Hugh_Gideon__13135_-_Secretary_of_State_Decision.pdf- iii. an image of them wearing a bikini. ./Mr_David_Hugh_Gideon__13135_-_Secretary_of_State_Decision.pdf- ./Mr_David_Hugh_Gideon__13135_-_Secretary_of_State_Decision.pdf: 2. His conduct at allegation 1 was sexually motivated. ./Mr_David_Hugh_Gideon__13135_-_Secretary_of_State_Decision.pdf- ./Mr_David_Hugh_Gideon__13135_-_Secretary_of_State_Decision.pdf-The allegations have been denied by the teacher. ./Mr_David_Hugh_Gideon__13135_-_Secretary_of_State_Decision.pdf- ./Mr_David_Hugh_Gideon__13135_-_Secretary_of_State_Decision.pdf- ./Mr_David_Hugh_Gideon__13135_-_Secretary_of_State_Decision.pdf-C. Preliminary applications ./Mr_David_Hugh_Gideon__13135_-_Secretary_of_State_Decision.pdf-The panel considered an application from the presenting officer to proceed in the ./Mr_David_Hugh_Gideon__13135_-_Secretary_of_State_Decision.pdf-absence of Mr Gideon. ./Mr_David_Hugh_Gideon__13135_-_Secretary_of_State_Decision.pdf- ./Mr_David_Hugh_Gideon__13135_-_Secretary_of_State_Decision.pdf-The panel was satisfied that the NCTL had complied with the service requirements of ./Mr_David_Hugh_Gideon__13135_-_Secretary_of_State_Decision.pdf-paragraph 19 a) to c) of the Teachers’ Disciplinary (England) Regulations 2012, (the -- ./Mr_David_Hugh_Gideon__13135_-_Secretary_of_State_Decision.pdf-them immediately on receipt. The panel had sight of a detailed description of the images ./Mr_David_Hugh_Gideon__13135_-_Secretary_of_State_Decision.pdf-which a forensic investigator had found on Mr Gideon’s computer. The panel went on to ./Mr_David_Hugh_Gideon__13135_-_Secretary_of_State_Decision.pdf-consider the description of the images which Mr Gideon provided to the police and found ./Mr_David_Hugh_Gideon__13135_-_Secretary_of_State_Decision.pdf-this to be persuasive evidence that he had looked at the images. The panel found the ./Mr_David_Hugh_Gideon__13135_-_Secretary_of_State_Decision.pdf-images to be of a serious and extreme nature and noted they had been categorised by ./Mr_David_Hugh_Gideon__13135_-_Secretary_of_State_Decision.pdf-the police as category C still images. The panel found that Mr Gideon had the opportunity ./Mr_David_Hugh_Gideon__13135_-_Secretary_of_State_Decision.pdf-to report the images to the authorities but he did not do so. ./Mr_David_Hugh_Gideon__13135_-_Secretary_of_State_Decision.pdf- ./Mr_David_Hugh_Gideon__13135_-_Secretary_of_State_Decision.pdf-On the balance of probabilities, the panel found this allegation proved. ./Mr_David_Hugh_Gideon__13135_-_Secretary_of_State_Decision.pdf- ./Mr_David_Hugh_Gideon__13135_-_Secretary_of_State_Decision.pdf: b) engaged in discussion of sexual abuse of children with Individual A via ./Mr_David_Hugh_Gideon__13135_-_Secretary_of_State_Decision.pdf- email and / or Messenger in or around December 2012 to February 2013; ./Mr_David_Hugh_Gideon__13135_-_Secretary_of_State_Decision.pdf- ./Mr_David_Hugh_Gideon__13135_-_Secretary_of_State_Decision.pdf-The panel considered contemporaneous emails between Individual A and Mr Gideon. ./Mr_David_Hugh_Gideon__13135_-_Secretary_of_State_Decision.pdf-The panel found a number of emails from Individual A to Mr Gideon contained explicit ./Mr_David_Hugh_Gideon__13135_-_Secretary_of_State_Decision.pdf:descriptions of the sexual abuse of girls aged between 9 years old and 13 years old. The ./Mr_David_Hugh_Gideon__13135_-_Secretary_of_State_Decision.pdf- ./Mr_David_Hugh_Gideon__13135_-_Secretary_of_State_Decision.pdf- ./Mr_David_Hugh_Gideon__13135_-_Secretary_of_State_Decision.pdf- 6 ./Mr_David_Hugh_Gideon__13135_-_Secretary_of_State_Decision.pdf- -- ./Mr_David_Hugh_Gideon__13135_-_Secretary_of_State_Decision.pdf-panel found that Mr Gideon was an active participant in these email exchanges and was ./Mr_David_Hugh_Gideon__13135_-_Secretary_of_State_Decision.pdf-not simply receiving them. ./Mr_David_Hugh_Gideon__13135_-_Secretary_of_State_Decision.pdf- ./Mr_David_Hugh_Gideon__13135_-_Secretary_of_State_Decision.pdf-Mr Gideon admitted during his police interview that he strongly suspected Individual A ./Mr_David_Hugh_Gideon__13135_-_Secretary_of_State_Decision.pdf-was a paedophile and indeed that Individual A was trying to recruit him, however he ./Mr_David_Hugh_Gideon__13135_-_Secretary_of_State_Decision.pdf-continued the email correspondence. ./Mr_David_Hugh_Gideon__13135_-_Secretary_of_State_Decision.pdf- ./Mr_David_Hugh_Gideon__13135_-_Secretary_of_State_Decision.pdf-The panel also considered the content of messages within Messenger from Individual A ./Mr_David_Hugh_Gideon__13135_-_Secretary_of_State_Decision.pdf:to Mr Gideon which contained details of sexual abuse of a 9 year old girl. ./Mr_David_Hugh_Gideon__13135_-_Secretary_of_State_Decision.pdf- ./Mr_David_Hugh_Gideon__13135_-_Secretary_of_State_Decision.pdf-Mr Gideon did not report the content of the emails or messages (which he received over ./Mr_David_Hugh_Gideon__13135_-_Secretary_of_State_Decision.pdf-the course of several years) to the police, nor did he raise any safeguarding concerns ./Mr_David_Hugh_Gideon__13135_-_Secretary_of_State_Decision.pdf-about the ongoing child abuse which was described. ./Mr_David_Hugh_Gideon__13135_-_Secretary_of_State_Decision.pdf- ./Mr_David_Hugh_Gideon__13135_-_Secretary_of_State_Decision.pdf-On the balance of probabilities, the panel found this allegation proven. ./Mr_David_Hugh_Gideon__13135_-_Secretary_of_State_Decision.pdf- ./Mr_David_Hugh_Gideon__13135_-_Secretary_of_State_Decision.pdf: c) engaged in discussion of sexual abuse of children via Messenger in or ./Mr_David_Hugh_Gideon__13135_-_Secretary_of_State_Decision.pdf- around March 2011; ./Mr_David_Hugh_Gideon__13135_-_Secretary_of_State_Decision.pdf- ./Mr_David_Hugh_Gideon__13135_-_Secretary_of_State_Decision.pdf-The panel carefully considered the content of messages exchanged on Messenger in ./Mr_David_Hugh_Gideon__13135_-_Secretary_of_State_Decision.pdf-March 2011 in which Mr Gideon sent explicit messages to an individual whom Mr Gideon ./Mr_David_Hugh_Gideon__13135_-_Secretary_of_State_Decision.pdf-believed to be a school aged child. Mr Gideon admitted the fact of the exchange of ./Mr_David_Hugh_Gideon__13135_-_Secretary_of_State_Decision.pdf-messages within his interview under caution with the police. ./Mr_David_Hugh_Gideon__13135_-_Secretary_of_State_Decision.pdf- ./Mr_David_Hugh_Gideon__13135_-_Secretary_of_State_Decision.pdf-The panel considered the evidence of Mr Gideon that as the communications took place ./Mr_David_Hugh_Gideon__13135_-_Secretary_of_State_Decision.pdf-electronically and he did not meet any children in person, he could not be sure of their ./Mr_David_Hugh_Gideon__13135_-_Secretary_of_State_Decision.pdf-age. The panel did not find this explanation to be credible as at various points within the ./Mr_David_Hugh_Gideon__13135_-_Secretary_of_State_Decision.pdf-exchanges, Mr Gideon received confirmation from the children that they were under 16 ./Mr_David_Hugh_Gideon__13135_-_Secretary_of_State_Decision.pdf-years old. The panel considered evidence that one child confirmed her date of birth to Mr ./Mr_David_Hugh_Gideon__13135_-_Secretary_of_State_Decision.pdf-Gideon and on another occasion he discussed the reaction of a child’s headteacher to ./Mr_David_Hugh_Gideon__13135_-_Secretary_of_State_Decision.pdf-the short length of her school uniform skirt. Whilst Mr Gideon may not have known for ./Mr_David_Hugh_Gideon__13135_-_Secretary_of_State_Decision.pdf-certain to whom he was speaking online, the panel found that on the balance of ./Mr_David_Hugh_Gideon__13135_-_Secretary_of_State_Decision.pdf-probabilities, he believed he was speaking to children under 16 years old. ./Mr_David_Hugh_Gideon__13135_-_Secretary_of_State_Decision.pdf- ./Mr_David_Hugh_Gideon__13135_-_Secretary_of_State_Decision.pdf-On the balance of probabilities, the panel found this allegation proven. ./Mr_David_Hugh_Gideon__13135_-_Secretary_of_State_Decision.pdf- ./Mr_David_Hugh_Gideon__13135_-_Secretary_of_State_Decision.pdf: d) engaged in discussion of sexual abuse of children with Individual B ./Mr_David_Hugh_Gideon__13135_-_Secretary_of_State_Decision.pdf- including discussion of: ./Mr_David_Hugh_Gideon__13135_-_Secretary_of_State_Decision.pdf- ./Mr_David_Hugh_Gideon__13135_-_Secretary_of_State_Decision.pdf- i. tying up and spanking Individual B’s daughter; ./Mr_David_Hugh_Gideon__13135_-_Secretary_of_State_Decision.pdf- ./Mr_David_Hugh_Gideon__13135_-_Secretary_of_State_Decision.pdf: ii. engaging in sexual activity with Individual B’s daughter; ./Mr_David_Hugh_Gideon__13135_-_Secretary_of_State_Decision.pdf- ./Mr_David_Hugh_Gideon__13135_-_Secretary_of_State_Decision.pdf-The panel considered the content of a discussion which took place between Individual B ./Mr_David_Hugh_Gideon__13135_-_Secretary_of_State_Decision.pdf-and Mr Gideon in February 2013 in which Individual B initiated a conversation about ./Mr_David_Hugh_Gideon__13135_-_Secretary_of_State_Decision.pdf-having Mr Gideon tie up and spank her and her daughter and to which Mr Gideon ./Mr_David_Hugh_Gideon__13135_-_Secretary_of_State_Decision.pdf- ./Mr_David_Hugh_Gideon__13135_-_Secretary_of_State_Decision.pdf- ./Mr_David_Hugh_Gideon__13135_-_Secretary_of_State_Decision.pdf- 7 ./Mr_David_Hugh_Gideon__13135_-_Secretary_of_State_Decision.pdf- -- ./Mr_David_Hugh_Gideon__13135_-_Secretary_of_State_Decision.pdf- ./Mr_David_Hugh_Gideon__13135_-_Secretary_of_State_Decision.pdf-Mr Gideon had further conversations with a child on Yahoo chat in which he requested ./Mr_David_Hugh_Gideon__13135_-_Secretary_of_State_Decision.pdf-an image of the child in a bikini. ./Mr_David_Hugh_Gideon__13135_-_Secretary_of_State_Decision.pdf- ./Mr_David_Hugh_Gideon__13135_-_Secretary_of_State_Decision.pdf-The panel found it was clear he received the images and encouraged the senders with ./Mr_David_Hugh_Gideon__13135_-_Secretary_of_State_Decision.pdf-positive comments about their looks. He also made suggestive and inappropriate ./Mr_David_Hugh_Gideon__13135_-_Secretary_of_State_Decision.pdf-remarks about their bodies. ./Mr_David_Hugh_Gideon__13135_-_Secretary_of_State_Decision.pdf- ./Mr_David_Hugh_Gideon__13135_-_Secretary_of_State_Decision.pdf-On the balance of probabilities, the panel found this allegation proven. ./Mr_David_Hugh_Gideon__13135_-_Secretary_of_State_Decision.pdf- ./Mr_David_Hugh_Gideon__13135_-_Secretary_of_State_Decision.pdf:2. Your conduct at allegation 1 was sexually motivated ./Mr_David_Hugh_Gideon__13135_-_Secretary_of_State_Decision.pdf- ./Mr_David_Hugh_Gideon__13135_-_Secretary_of_State_Decision.pdf-As with all findings of fact, the panel considered this question applying the balance of ./Mr_David_Hugh_Gideon__13135_-_Secretary_of_State_Decision.pdf-probabilities. The panel considered whether on the balance of probabilities reasonable ./Mr_David_Hugh_Gideon__13135_-_Secretary_of_State_Decision.pdf:persons would think the words and actions found proven could be sexual. The panel then ./Mr_David_Hugh_Gideon__13135_-_Secretary_of_State_Decision.pdf-considered whether, in all the circumstances of the conduct in the case, it was more likely ./Mr_David_Hugh_Gideon__13135_-_Secretary_of_State_Decision.pdf:than not that the teacher’s purpose in such words and actions were sexual. ./Mr_David_Hugh_Gideon__13135_-_Secretary_of_State_Decision.pdf- ./Mr_David_Hugh_Gideon__13135_-_Secretary_of_State_Decision.pdf:The panel considered whether, even in the absence of any direct evidence, sexual ./Mr_David_Hugh_Gideon__13135_-_Secretary_of_State_Decision.pdf-motivation should be inferred from all the circumstances of the case. ./Mr_David_Hugh_Gideon__13135_-_Secretary_of_State_Decision.pdf- ./Mr_David_Hugh_Gideon__13135_-_Secretary_of_State_Decision.pdf-The panel considered the evidence of the email exchanges, and messages on Skype, ./Mr_David_Hugh_Gideon__13135_-_Secretary_of_State_Decision.pdf-Messenger and Yahoo chat. The panel noted the statement of Mr Gideon in which he ./Mr_David_Hugh_Gideon__13135_-_Secretary_of_State_Decision.pdf:said, “I can categorically assure you I have no sexual interest in children.” However the ./Mr_David_Hugh_Gideon__13135_-_Secretary_of_State_Decision.pdf-panel could not reconcile this with the material Mr Gideon had clearly received and ./Mr_David_Hugh_Gideon__13135_-_Secretary_of_State_Decision.pdf-repeatedly engaged with over the course of a number of years. Having found allegation 1 ./Mr_David_Hugh_Gideon__13135_-_Secretary_of_State_Decision.pdf- ./Mr_David_Hugh_Gideon__13135_-_Secretary_of_State_Decision.pdf- ./Mr_David_Hugh_Gideon__13135_-_Secretary_of_State_Decision.pdf- ./Mr_David_Hugh_Gideon__13135_-_Secretary_of_State_Decision.pdf- 8 ./Mr_David_Hugh_Gideon__13135_-_Secretary_of_State_Decision.pdf- -- ./Mr_David_Hugh_Gideon__13135_-_Secretary_of_State_Decision.pdf:proven, the panel considered that sexual motivation was more likely than not to have ./Mr_David_Hugh_Gideon__13135_-_Secretary_of_State_Decision.pdf-been Mr Gideon’s motivation. ./Mr_David_Hugh_Gideon__13135_-_Secretary_of_State_Decision.pdf- ./Mr_David_Hugh_Gideon__13135_-_Secretary_of_State_Decision.pdf-On the balance of probabilities, the panel found this allegation proven. ./Mr_David_Hugh_Gideon__13135_-_Secretary_of_State_Decision.pdf- ./Mr_David_Hugh_Gideon__13135_-_Secretary_of_State_Decision.pdf- ./Mr_David_Hugh_Gideon__13135_-_Secretary_of_State_Decision.pdf-Findings as to unacceptable professional conduct and/or ./Mr_David_Hugh_Gideon__13135_-_Secretary_of_State_Decision.pdf-conduct that may bring the profession into disrepute ./Mr_David_Hugh_Gideon__13135_-_Secretary_of_State_Decision.pdf-Having found all of the allegations to have been proven, the panel has gone on to ./Mr_David_Hugh_Gideon__13135_-_Secretary_of_State_Decision.pdf-consider whether the facts of those proven allegations amount to unacceptable ./Mr_David_Hugh_Gideon__13135_-_Secretary_of_State_Decision.pdf-professional conduct and/or conduct that may bring the profession into disrepute. -- ./Mr_David_Hugh_Gideon__13135_-_Secretary_of_State_Decision.pdf-photograph or image of a child, or permitting any such activity, including one off ./Mr_David_Hugh_Gideon__13135_-_Secretary_of_State_Decision.pdf-incidents, is relevant. ./Mr_David_Hugh_Gideon__13135_-_Secretary_of_State_Decision.pdf- ./Mr_David_Hugh_Gideon__13135_-_Secretary_of_State_Decision.pdf-The Advice indicates that where behaviours associated with such an offence exist, a ./Mr_David_Hugh_Gideon__13135_-_Secretary_of_State_Decision.pdf-panel is likely to conclude that an individual’s conduct would amount to unacceptable ./Mr_David_Hugh_Gideon__13135_-_Secretary_of_State_Decision.pdf-professional conduct. ./Mr_David_Hugh_Gideon__13135_-_Secretary_of_State_Decision.pdf- ./Mr_David_Hugh_Gideon__13135_-_Secretary_of_State_Decision.pdf-The panel notes that the allegations took place outside of the education setting. The ./Mr_David_Hugh_Gideon__13135_-_Secretary_of_State_Decision.pdf-panel found that whilst Mr Gideon’s behaviour took place outside of the setting of the ./Mr_David_Hugh_Gideon__13135_-_Secretary_of_State_Decision.pdf-school, the content of his communications with children and the serious nature of the ./Mr_David_Hugh_Gideon__13135_-_Secretary_of_State_Decision.pdf:images he received, which were of an abhorrent sexual nature, were so inappropriate ./Mr_David_Hugh_Gideon__13135_-_Secretary_of_State_Decision.pdf-that it amounted to unacceptable professional conduct. ./Mr_David_Hugh_Gideon__13135_-_Secretary_of_State_Decision.pdf- ./Mr_David_Hugh_Gideon__13135_-_Secretary_of_State_Decision.pdf-The panel has considered whether the allegations also amount to conduct which may ./Mr_David_Hugh_Gideon__13135_-_Secretary_of_State_Decision.pdf-bring the profession into disrepute. In considering this, the panel has taken into account ./Mr_David_Hugh_Gideon__13135_-_Secretary_of_State_Decision.pdf-the way the teaching profession is viewed by others and has considered the influence ./Mr_David_Hugh_Gideon__13135_-_Secretary_of_State_Decision.pdf- ./Mr_David_Hugh_Gideon__13135_-_Secretary_of_State_Decision.pdf- 9 ./Mr_David_Hugh_Gideon__13135_-_Secretary_of_State_Decision.pdf- -- ./Mr_David_Hugh_Gideon__13135_-_Secretary_of_State_Decision.pdf-proportionate measure, and whether it would be in the public interest to do so. Prohibition ./Mr_David_Hugh_Gideon__13135_-_Secretary_of_State_Decision.pdf-orders should not be given as a punitive measure, or to show that blame has been ./Mr_David_Hugh_Gideon__13135_-_Secretary_of_State_Decision.pdf-apportioned, although they are likely to have a punitive effect. ./Mr_David_Hugh_Gideon__13135_-_Secretary_of_State_Decision.pdf- ./Mr_David_Hugh_Gideon__13135_-_Secretary_of_State_Decision.pdf-The panel considered the particular public interest considerations set out in the Advice ./Mr_David_Hugh_Gideon__13135_-_Secretary_of_State_Decision.pdf-and having done so found a number of them to be relevant in this case, namely the ./Mr_David_Hugh_Gideon__13135_-_Secretary_of_State_Decision.pdf-protection of pupils; the protection of other members of the public; the maintenance of ./Mr_David_Hugh_Gideon__13135_-_Secretary_of_State_Decision.pdf-public confidence in the profession and declaring and upholding proper standards of ./Mr_David_Hugh_Gideon__13135_-_Secretary_of_State_Decision.pdf-conduct. ./Mr_David_Hugh_Gideon__13135_-_Secretary_of_State_Decision.pdf- ./Mr_David_Hugh_Gideon__13135_-_Secretary_of_State_Decision.pdf:In light of the panel’s findings against Mr Gideon, which involved sexually motivated ./Mr_David_Hugh_Gideon__13135_-_Secretary_of_State_Decision.pdf-discussions about child abuse with two adults, receipt of explicit images of child abuse, ./Mr_David_Hugh_Gideon__13135_-_Secretary_of_State_Decision.pdf:and sexually motivated discussions online with children (including receipt of images from ./Mr_David_Hugh_Gideon__13135_-_Secretary_of_State_Decision.pdf-children), there is a strong public interest consideration in respect of the ongoing ./Mr_David_Hugh_Gideon__13135_-_Secretary_of_State_Decision.pdf-protection of children. ./Mr_David_Hugh_Gideon__13135_-_Secretary_of_State_Decision.pdf- ./Mr_David_Hugh_Gideon__13135_-_Secretary_of_State_Decision.pdf-Similarly, the panel considered that public confidence in the profession could be seriously ./Mr_David_Hugh_Gideon__13135_-_Secretary_of_State_Decision.pdf-weakened if conduct such as that found against Mr Gideon were not treated with the ./Mr_David_Hugh_Gideon__13135_-_Secretary_of_State_Decision.pdf-utmost seriousness when regulating the conduct of the profession. ./Mr_David_Hugh_Gideon__13135_-_Secretary_of_State_Decision.pdf- ./Mr_David_Hugh_Gideon__13135_-_Secretary_of_State_Decision.pdf-The panel also considered that there was a strong public interest in declaring proper ./Mr_David_Hugh_Gideon__13135_-_Secretary_of_State_Decision.pdf-standards of conduct in the profession, as the conduct found against Mr Gideon was ./Mr_David_Hugh_Gideon__13135_-_Secretary_of_State_Decision.pdf-outside that which could reasonably be tolerated. -- ./Mr_David_Hugh_Gideon__13135_-_Secretary_of_State_Decision.pdf-into account the effect that this would have on Mr Gideon. ./Mr_David_Hugh_Gideon__13135_-_Secretary_of_State_Decision.pdf- ./Mr_David_Hugh_Gideon__13135_-_Secretary_of_State_Decision.pdf-In carrying out the balancing exercise, the panel considered the public interest ./Mr_David_Hugh_Gideon__13135_-_Secretary_of_State_Decision.pdf-considerations both in favour of and against prohibition as well as the interests of Mr ./Mr_David_Hugh_Gideon__13135_-_Secretary_of_State_Decision.pdf-Gideon. The panel took further account of the Advice, which suggests that a prohibition ./Mr_David_Hugh_Gideon__13135_-_Secretary_of_State_Decision.pdf-order may be appropriate if certain behaviours of a teacher have been proven. In the list ./Mr_David_Hugh_Gideon__13135_-_Secretary_of_State_Decision.pdf-of such behaviours, those that are relevant in this case are: ./Mr_David_Hugh_Gideon__13135_-_Secretary_of_State_Decision.pdf- ./Mr_David_Hugh_Gideon__13135_-_Secretary_of_State_Decision.pdf-  serious departure from the personal and professional conduct elements of the ./Mr_David_Hugh_Gideon__13135_-_Secretary_of_State_Decision.pdf- Teachers’ Standards; ./Mr_David_Hugh_Gideon__13135_-_Secretary_of_State_Decision.pdf:  sexual misconduct, for example involving actions that were sexually motivated or ./Mr_David_Hugh_Gideon__13135_-_Secretary_of_State_Decision.pdf: of a sexual nature; ./Mr_David_Hugh_Gideon__13135_-_Secretary_of_State_Decision.pdf-  any activity involving viewing, taking, making, possessing, distributing or ./Mr_David_Hugh_Gideon__13135_-_Secretary_of_State_Decision.pdf- publishing any indecent photograph or image or pseudo photograph or image of a ./Mr_David_Hugh_Gideon__13135_-_Secretary_of_State_Decision.pdf- child, or permitting such activity, including one-off incidents. ./Mr_David_Hugh_Gideon__13135_-_Secretary_of_State_Decision.pdf-Even though there were behaviours present that would point to the appropriateness of a ./Mr_David_Hugh_Gideon__13135_-_Secretary_of_State_Decision.pdf-prohibition order, the panel went on to consider whether or not there were sufficient ./Mr_David_Hugh_Gideon__13135_-_Secretary_of_State_Decision.pdf-mitigating factors to militate against the appropriateness and proportionality of a ./Mr_David_Hugh_Gideon__13135_-_Secretary_of_State_Decision.pdf-prohibition order, particularly taking into account the nature and severity of the behaviour ./Mr_David_Hugh_Gideon__13135_-_Secretary_of_State_Decision.pdf-in this case. ./Mr_David_Hugh_Gideon__13135_-_Secretary_of_State_Decision.pdf- ./Mr_David_Hugh_Gideon__13135_-_Secretary_of_State_Decision.pdf-The panel noted that there was no evidence to suggest that the teacher was acting under -- ./Mr_David_Hugh_Gideon__13135_-_Secretary_of_State_Decision.pdf-Additionally, the panel found that Mr Gideon showed no insight into the severity of his ./Mr_David_Hugh_Gideon__13135_-_Secretary_of_State_Decision.pdf-actions and in fact sought to minimise the severity of his behaviour within his statement ./Mr_David_Hugh_Gideon__13135_-_Secretary_of_State_Decision.pdf-to the panel, describing it as “nothing more than internet chat.” He went on to say that “I ./Mr_David_Hugh_Gideon__13135_-_Secretary_of_State_Decision.pdf-had no evidence whatsoever as to any abuse suffered by this girl other than what was ./Mr_David_Hugh_Gideon__13135_-_Secretary_of_State_Decision.pdf-said over the internet or by text” and he was “never quite sure as to what age the girl ./Mr_David_Hugh_Gideon__13135_-_Secretary_of_State_Decision.pdf-was.” The panel found that Mr Gideon had significant information within the emails and ./Mr_David_Hugh_Gideon__13135_-_Secretary_of_State_Decision.pdf-messages he exchanged to be fully aware of possible child abuse. Mr Gideon also ./Mr_David_Hugh_Gideon__13135_-_Secretary_of_State_Decision.pdf-acknowledged he had serious concerns that Individual A was a paedophile. ./Mr_David_Hugh_Gideon__13135_-_Secretary_of_State_Decision.pdf- ./Mr_David_Hugh_Gideon__13135_-_Secretary_of_State_Decision.pdf-In light of this evidence, the panel did not find Mr Gideon’s statement that he had ./Mr_David_Hugh_Gideon__13135_-_Secretary_of_State_Decision.pdf:insufficient information to be credible taking into account the clear sexual nature of the ./Mr_David_Hugh_Gideon__13135_-_Secretary_of_State_Decision.pdf-images sent to Mr Gideon, the explicit descriptions of child abuse which he received, and ./Mr_David_Hugh_Gideon__13135_-_Secretary_of_State_Decision.pdf-replied to, by email and the evidence that he was aware of the date of birth of at least ./Mr_David_Hugh_Gideon__13135_-_Secretary_of_State_Decision.pdf-one child that he was speaking to online. The panel could not accept Mr Gideon’s ./Mr_David_Hugh_Gideon__13135_-_Secretary_of_State_Decision.pdf-assertion that the information he held was insufficient to raise concerns under ./Mr_David_Hugh_Gideon__13135_-_Secretary_of_State_Decision.pdf-safeguarding guidelines. ./Mr_David_Hugh_Gideon__13135_-_Secretary_of_State_Decision.pdf- ./Mr_David_Hugh_Gideon__13135_-_Secretary_of_State_Decision.pdf-Moreover Mr Gideon declared within his statement that he attended “numerous meetings ./Mr_David_Hugh_Gideon__13135_-_Secretary_of_State_Decision.pdf-on ‘Every Child Matters’ and child protection issues.” The panel considered that Mr ./Mr_David_Hugh_Gideon__13135_-_Secretary_of_State_Decision.pdf-Gideon would have been fully aware that even suspicions of child abuse should be ./Mr_David_Hugh_Gideon__13135_-_Secretary_of_State_Decision.pdf-reported to the authorities and in any event, specialist child protection training was not -- ./Mr_David_Hugh_Gideon__13135_-_Secretary_of_State_Decision.pdf-whether the consequences of such a publication are themselves sufficient. I have ./Mr_David_Hugh_Gideon__13135_-_Secretary_of_State_Decision.pdf-considered therefore whether or not prohibiting Mr Gideon, and the impact that will have ./Mr_David_Hugh_Gideon__13135_-_Secretary_of_State_Decision.pdf-on him, is proportionate. ./Mr_David_Hugh_Gideon__13135_-_Secretary_of_State_Decision.pdf- ./Mr_David_Hugh_Gideon__13135_-_Secretary_of_State_Decision.pdf-In this case I have considered the extent to which a prohibition order would protect ./Mr_David_Hugh_Gideon__13135_-_Secretary_of_State_Decision.pdf-children. I have noted that the behaviours took place outside of a school setting. The ./Mr_David_Hugh_Gideon__13135_-_Secretary_of_State_Decision.pdf-panel has observed “the content of his communications with children and the serious ./Mr_David_Hugh_Gideon__13135_-_Secretary_of_State_Decision.pdf:nature of the images he received, which were of an abhorrent sexual nature, were so ./Mr_David_Hugh_Gideon__13135_-_Secretary_of_State_Decision.pdf-inappropriate that it amounted to unacceptable professional conduct.” ./Mr_David_Hugh_Gideon__13135_-_Secretary_of_State_Decision.pdf- ./Mr_David_Hugh_Gideon__13135_-_Secretary_of_State_Decision.pdf- A prohibition order would prevent Mr Gideon from teaching children. I have also taken ./Mr_David_Hugh_Gideon__13135_-_Secretary_of_State_Decision.pdf-into account the panel’s comments on insight and remorse which the panel sets out as ./Mr_David_Hugh_Gideon__13135_-_Secretary_of_State_Decision.pdf-follows, “Mr Gideon showed no insight into the severity of his actions and in fact sought ./Mr_David_Hugh_Gideon__13135_-_Secretary_of_State_Decision.pdf-to minimise the severity of his behaviour within his statement to the panel, describing it ./Mr_David_Hugh_Gideon__13135_-_Secretary_of_State_Decision.pdf-as “nothing more than internet chat.” ./Mr_David_Hugh_Gideon__13135_-_Secretary_of_State_Decision.pdf- ./Mr_David_Hugh_Gideon__13135_-_Secretary_of_State_Decision.pdf-In my judgement the lack of insight means that there is some risk of the repetition of this ./Mr_David_Hugh_Gideon__13135_-_Secretary_of_State_Decision.pdf-behaviour and this risks future children being subject to his behaviours. I have therefore ./Mr_Dean_Richard_Johnson_10274-_Secretary_of_State_Decision__Unrestricted__for_WEB.pdf- ./Mr_Dean_Richard_Johnson_10274-_Secretary_of_State_Decision__Unrestricted__for_WEB.pdf- b. Recorded his sexual encounters with Pupil A on; ./Mr_Dean_Richard_Johnson_10274-_Secretary_of_State_Decision__Unrestricted__for_WEB.pdf- ./Mr_Dean_Richard_Johnson_10274-_Secretary_of_State_Decision__Unrestricted__for_WEB.pdf- i. his mobile phone; ./Mr_Dean_Richard_Johnson_10274-_Secretary_of_State_Decision__Unrestricted__for_WEB.pdf- ./Mr_Dean_Richard_Johnson_10274-_Secretary_of_State_Decision__Unrestricted__for_WEB.pdf- ii. a camera that had been purchased with school funds; ./Mr_Dean_Richard_Johnson_10274-_Secretary_of_State_Decision__Unrestricted__for_WEB.pdf- ./Mr_Dean_Richard_Johnson_10274-_Secretary_of_State_Decision__Unrestricted__for_WEB.pdf-On or around 11th May 2015, he was convicted at the Guildford Crown Court in respect of ./Mr_Dean_Richard_Johnson_10274-_Secretary_of_State_Decision__Unrestricted__for_WEB.pdf-the following criminal offence: ./Mr_Dean_Richard_Johnson_10274-_Secretary_of_State_Decision__Unrestricted__for_WEB.pdf- ./Mr_Dean_Richard_Johnson_10274-_Secretary_of_State_Decision__Unrestricted__for_WEB.pdf:3. Possession of extreme pornographic images – An act which threatens a person's ./Mr_Dean_Richard_Johnson_10274-_Secretary_of_State_Decision__Unrestricted__for_WEB.pdf- life subject to the Criminal Justice and Immigration Act 2008 s63(7)(a) as a result ./Mr_Dean_Richard_Johnson_10274-_Secretary_of_State_Decision__Unrestricted__for_WEB.pdf- of your conviction you were suspended to a period of imprisonment of 8 months, ./Mr_Dean_Richard_Johnson_10274-_Secretary_of_State_Decision__Unrestricted__for_WEB.pdf- wholly suspended for 24 months, costs of £2,000, victim surcharge of £100 and ./Mr_Dean_Richard_Johnson_10274-_Secretary_of_State_Decision__Unrestricted__for_WEB.pdf- forfeiture under s3 Obscene Pubs Act 1959 of two laptops and the hard drives. ./Mr_Dean_Richard_Johnson_10274-_Secretary_of_State_Decision__Unrestricted__for_WEB.pdf- ./Mr_Dean_Richard_Johnson_10274-_Secretary_of_State_Decision__Unrestricted__for_WEB.pdf-Mr Johnson admitted the facts of allegations 1 and 2 and that such facts amounted to ./Mr_Dean_Richard_Johnson_10274-_Secretary_of_State_Decision__Unrestricted__for_WEB.pdf-unacceptable professional conduct and conduct that may bring the profession into ./Mr_Dean_Richard_Johnson_10274-_Secretary_of_State_Decision__Unrestricted__for_WEB.pdf-disrepute. ./Mr_Dean_Richard_Johnson_10274-_Secretary_of_State_Decision__Unrestricted__for_WEB.pdf- ./Mr_Dean_Richard_Johnson_10274-_Secretary_of_State_Decision__Unrestricted__for_WEB.pdf-In respect of allegation 3, whilst the facts of the conviction were admitted, it was denied -- ./Mr_Dean_Richard_Johnson_10274-_Secretary_of_State_Decision__Unrestricted__for_WEB.pdf-The following admissions are made by Mr Johnson in the Statement of Agreed Facts: ./Mr_Dean_Richard_Johnson_10274-_Secretary_of_State_Decision__Unrestricted__for_WEB.pdf- ./Mr_Dean_Richard_Johnson_10274-_Secretary_of_State_Decision__Unrestricted__for_WEB.pdf- 6. Mr Johnson admits that he had contact with Pupil A via Facebook in ./Mr_Dean_Richard_Johnson_10274-_Secretary_of_State_Decision__Unrestricted__for_WEB.pdf- 2008 whilst she was on the School roll. ./Mr_Dean_Richard_Johnson_10274-_Secretary_of_State_Decision__Unrestricted__for_WEB.pdf- ./Mr_Dean_Richard_Johnson_10274-_Secretary_of_State_Decision__Unrestricted__for_WEB.pdf- 7. Mr Johnson accepts that the Facebook contact he had with Pupil A ./Mr_Dean_Richard_Johnson_10274-_Secretary_of_State_Decision__Unrestricted__for_WEB.pdf: was inappropriate since they discussed topics such as sex and ./Mr_Dean_Richard_Johnson_10274-_Secretary_of_State_Decision__Unrestricted__for_WEB.pdf- previous relationships. Mr Johnson accepts that during these ./Mr_Dean_Richard_Johnson_10274-_Secretary_of_State_Decision__Unrestricted__for_WEB.pdf: Facebook exchanges both he and Pupil A disclosed their sexual ./Mr_Dean_Richard_Johnson_10274-_Secretary_of_State_Decision__Unrestricted__for_WEB.pdf- fantasies. ./Mr_Dean_Richard_Johnson_10274-_Secretary_of_State_Decision__Unrestricted__for_WEB.pdf- ./Mr_Dean_Richard_Johnson_10274-_Secretary_of_State_Decision__Unrestricted__for_WEB.pdf-Having considered the evidence contained in the statement of Pupil A, and the ./Mr_Dean_Richard_Johnson_10274-_Secretary_of_State_Decision__Unrestricted__for_WEB.pdf-admissions made by Mr Johnson, the panel finds the facts of this particular proved. ./Mr_Dean_Richard_Johnson_10274-_Secretary_of_State_Decision__Unrestricted__for_WEB.pdf- ./Mr_Dean_Richard_Johnson_10274-_Secretary_of_State_Decision__Unrestricted__for_WEB.pdf- b. Offered a lift to Pupil A from the classroom to the dinner hall; ./Mr_Dean_Richard_Johnson_10274-_Secretary_of_State_Decision__Unrestricted__for_WEB.pdf- ./Mr_Dean_Richard_Johnson_10274-_Secretary_of_State_Decision__Unrestricted__for_WEB.pdf-The following admissions are made by Mr Johnson in the Statement of Agreed Facts: ./Mr_Dean_Richard_Johnson_10274-_Secretary_of_State_Decision__Unrestricted__for_WEB.pdf- ./Mr_Dean_Richard_Johnson_10274-_Secretary_of_State_Decision__Unrestricted__for_WEB.pdf- 8. Mr Johnson admits that he offered Pupil A a lift from the classroom ./Mr_Dean_Richard_Johnson_10274-_Secretary_of_State_Decision__Unrestricted__for_WEB.pdf- to the dinner hall in his car and that he and Pupil A were the only ./Mr_Dean_Richard_Johnson_10274-_Secretary_of_State_Decision__Unrestricted__for_WEB.pdf- people in the car at the time. ./Mr_Dean_Richard_Johnson_10274-_Secretary_of_State_Decision__Unrestricted__for_WEB.pdf- ./Mr_Dean_Richard_Johnson_10274-_Secretary_of_State_Decision__Unrestricted__for_WEB.pdf:Pupil A states, and the panel finds, that there was sexual contact between her and Mr ./Mr_Dean_Richard_Johnson_10274-_Secretary_of_State_Decision__Unrestricted__for_WEB.pdf-Johnson during the journey from the classroom and the dinner hall. ./Mr_Dean_Richard_Johnson_10274-_Secretary_of_State_Decision__Unrestricted__for_WEB.pdf- ./Mr_Dean_Richard_Johnson_10274-_Secretary_of_State_Decision__Unrestricted__for_WEB.pdf-This is confirmed by Pupil A and therefore the panel finds the facts of the particular proved. ./Mr_Dean_Richard_Johnson_10274-_Secretary_of_State_Decision__Unrestricted__for_WEB.pdf- ./Mr_Dean_Richard_Johnson_10274-_Secretary_of_State_Decision__Unrestricted__for_WEB.pdf- c. Gave a gift to Pupil A for her 18th birthday, in particular the special ./Mr_Dean_Richard_Johnson_10274-_Secretary_of_State_Decision__Unrestricted__for_WEB.pdf- edition of the [redacted]; ./Mr_Dean_Richard_Johnson_10274-_Secretary_of_State_Decision__Unrestricted__for_WEB.pdf- ./Mr_Dean_Richard_Johnson_10274-_Secretary_of_State_Decision__Unrestricted__for_WEB.pdf-The following admissions are made by Mr Johnson in the Statement of Agreed Facts: ./Mr_Dean_Richard_Johnson_10274-_Secretary_of_State_Decision__Unrestricted__for_WEB.pdf- ./Mr_Dean_Richard_Johnson_10274-_Secretary_of_State_Decision__Unrestricted__for_WEB.pdf- 9. Mr Johnson admits that he gave Pupil A a special edition of the -- ./Mr_Dean_Richard_Johnson_10274-_Secretary_of_State_Decision__Unrestricted__for_WEB.pdf- accepts that this conduct was inappropriate given that it was of a ./Mr_Dean_Richard_Johnson_10274-_Secretary_of_State_Decision__Unrestricted__for_WEB.pdf: sexual nature. ./Mr_Dean_Richard_Johnson_10274-_Secretary_of_State_Decision__Unrestricted__for_WEB.pdf- ./Mr_Dean_Richard_Johnson_10274-_Secretary_of_State_Decision__Unrestricted__for_WEB.pdf-Pupil A confirms in her statement that Mr Johnson had purchased underwear, namely ./Mr_Dean_Richard_Johnson_10274-_Secretary_of_State_Decision__Unrestricted__for_WEB.pdf-stockings, for her and, when in the classroom, he gave them to her asking her to put ./Mr_Dean_Richard_Johnson_10274-_Secretary_of_State_Decision__Unrestricted__for_WEB.pdf-them on, which she did. ./Mr_Dean_Richard_Johnson_10274-_Secretary_of_State_Decision__Unrestricted__for_WEB.pdf- ./Mr_Dean_Richard_Johnson_10274-_Secretary_of_State_Decision__Unrestricted__for_WEB.pdf-The panel finds the facts of particulars 1.d. and 1.e. proved. ./Mr_Dean_Richard_Johnson_10274-_Secretary_of_State_Decision__Unrestricted__for_WEB.pdf- ./Mr_Dean_Richard_Johnson_10274-_Secretary_of_State_Decision__Unrestricted__for_WEB.pdf: f. Invited Pupil A to your classroom to engage in sexual activity; ./Mr_Dean_Richard_Johnson_10274-_Secretary_of_State_Decision__Unrestricted__for_WEB.pdf- ./Mr_Dean_Richard_Johnson_10274-_Secretary_of_State_Decision__Unrestricted__for_WEB.pdf: g. Had sexual intercourse with Pupil A; ./Mr_Dean_Richard_Johnson_10274-_Secretary_of_State_Decision__Unrestricted__for_WEB.pdf- ./Mr_Dean_Richard_Johnson_10274-_Secretary_of_State_Decision__Unrestricted__for_WEB.pdf-The following admissions are made by Mr Johnson in the Statement of Agreed Facts in ./Mr_Dean_Richard_Johnson_10274-_Secretary_of_State_Decision__Unrestricted__for_WEB.pdf-respect of particulars 1.f. and 1.g.: ./Mr_Dean_Richard_Johnson_10274-_Secretary_of_State_Decision__Unrestricted__for_WEB.pdf- ./Mr_Dean_Richard_Johnson_10274-_Secretary_of_State_Decision__Unrestricted__for_WEB.pdf: 12. Mr Johnson admits that a sexual relationship commenced with Pupil ./Mr_Dean_Richard_Johnson_10274-_Secretary_of_State_Decision__Unrestricted__for_WEB.pdf- A in June 2008. At this time Pupil A had reached the age of 18 but ./Mr_Dean_Richard_Johnson_10274-_Secretary_of_State_Decision__Unrestricted__for_WEB.pdf- was still on the School roll. ./Mr_Dean_Richard_Johnson_10274-_Secretary_of_State_Decision__Unrestricted__for_WEB.pdf- ./Mr_Dean_Richard_Johnson_10274-_Secretary_of_State_Decision__Unrestricted__for_WEB.pdf- 13. Mr Johnson admits that he invited Pupil A to his classroom and that ./Mr_Dean_Richard_Johnson_10274-_Secretary_of_State_Decision__Unrestricted__for_WEB.pdf: he engaged in sexual activity with Pupil A in his classroom. Mr ./Mr_Dean_Richard_Johnson_10274-_Secretary_of_State_Decision__Unrestricted__for_WEB.pdf- Johnson accepts that on another occasion, whilst Pupil A was on the ./Mr_Dean_Richard_Johnson_10274-_Secretary_of_State_Decision__Unrestricted__for_WEB.pdf: School roll, he invited Pupil A to his classroom and they had sexual ./Mr_Dean_Richard_Johnson_10274-_Secretary_of_State_Decision__Unrestricted__for_WEB.pdf- intercourse. ./Mr_Dean_Richard_Johnson_10274-_Secretary_of_State_Decision__Unrestricted__for_WEB.pdf- ./Mr_Dean_Richard_Johnson_10274-_Secretary_of_State_Decision__Unrestricted__for_WEB.pdf: 14. Mr Johnson accepts that it was inappropriate to develop a sexual ./Mr_Dean_Richard_Johnson_10274-_Secretary_of_State_Decision__Unrestricted__for_WEB.pdf- relationship with Pupil A whilst she was still on the School roll. ./Mr_Dean_Richard_Johnson_10274-_Secretary_of_State_Decision__Unrestricted__for_WEB.pdf- ./Mr_Dean_Richard_Johnson_10274-_Secretary_of_State_Decision__Unrestricted__for_WEB.pdf- 15. Mr Johnson accepts that to engage in the conduct as set out in ./Mr_Dean_Richard_Johnson_10274-_Secretary_of_State_Decision__Unrestricted__for_WEB.pdf- paragraphs 6-14 above resulted in an inappropriate relationship with ./Mr_Dean_Richard_Johnson_10274-_Secretary_of_State_Decision__Unrestricted__for_WEB.pdf- Pupil A. ./Mr_Dean_Richard_Johnson_10274-_Secretary_of_State_Decision__Unrestricted__for_WEB.pdf- ./Mr_Dean_Richard_Johnson_10274-_Secretary_of_State_Decision__Unrestricted__for_WEB.pdf-Pupil A's account is consistent with the facts admitted by Mr Johnson. It is accepted that, ./Mr_Dean_Richard_Johnson_10274-_Secretary_of_State_Decision__Unrestricted__for_WEB.pdf-in 2007, Pupil A had formed a, "crush" on Mr Johnson and that she had made her ./Mr_Dean_Richard_Johnson_10274-_Secretary_of_State_Decision__Unrestricted__for_WEB.pdf-feelings known to him. It is also accepted that Mr Johnson brought this to the attention of ./Mr_Dean_Richard_Johnson_10274-_Secretary_of_State_Decision__Unrestricted__for_WEB.pdf-his line manager and Pupil A was consulted about her feelings. Finally, the submission ./Mr_Dean_Richard_Johnson_10274-_Secretary_of_State_Decision__Unrestricted__for_WEB.pdf-was made that the timetabling was not altered to ensure that Mr Johnson was not ./Mr_Dean_Richard_Johnson_10274-_Secretary_of_State_Decision__Unrestricted__for_WEB.pdf-required to teach Pupil A in the following year. ./Mr_Dean_Richard_Johnson_10274-_Secretary_of_State_Decision__Unrestricted__for_WEB.pdf- ./Mr_Dean_Richard_Johnson_10274-_Secretary_of_State_Decision__Unrestricted__for_WEB.pdf-Nevertheless, despite being aware of the risks presented by the feelings of Pupil A ./Mr_Dean_Richard_Johnson_10274-_Secretary_of_State_Decision__Unrestricted__for_WEB.pdf-towards him as evidenced by his reporting of the matter to his line manager, the panel is ./Mr_Dean_Richard_Johnson_10274-_Secretary_of_State_Decision__Unrestricted__for_WEB.pdf:satisfied that Mr Johnson took advantage of Pupil A's attraction towards him. The sexual ./Mr_Dean_Richard_Johnson_10274-_Secretary_of_State_Decision__Unrestricted__for_WEB.pdf-relationship between her and Mr Johnson was developed and encouraged by him. ./Mr_Dean_Richard_Johnson_10274-_Secretary_of_State_Decision__Unrestricted__for_WEB.pdf:Furthermore, the panel is particularly concerned at the description of the sexual activity ./Mr_Dean_Richard_Johnson_10274-_Secretary_of_State_Decision__Unrestricted__for_WEB.pdf-outlined by Pupil A, which was not challenged by Mr Johnson. [Redacted] This was at the ./Mr_Dean_Richard_Johnson_10274-_Secretary_of_State_Decision__Unrestricted__for_WEB.pdf-instigation of Mr Johnson. Such activity, which took place in the classroom and with a ./Mr_Dean_Richard_Johnson_10274-_Secretary_of_State_Decision__Unrestricted__for_WEB.pdf-pupil still on the School roll, is completely unacceptable. ./Mr_Dean_Richard_Johnson_10274-_Secretary_of_State_Decision__Unrestricted__for_WEB.pdf- ./Mr_Dean_Richard_Johnson_10274-_Secretary_of_State_Decision__Unrestricted__for_WEB.pdf- 8 ./Mr_Dean_Richard_Johnson_10274-_Secretary_of_State_Decision__Unrestricted__for_WEB.pdf- -- ./Mr_Dean_Richard_Johnson_10274-_Secretary_of_State_Decision__Unrestricted__for_WEB.pdf-The panel therefore finds particulars 1.f. and 1.g. proved. ./Mr_Dean_Richard_Johnson_10274-_Secretary_of_State_Decision__Unrestricted__for_WEB.pdf- ./Mr_Dean_Richard_Johnson_10274-_Secretary_of_State_Decision__Unrestricted__for_WEB.pdf-Taking account of its findings of fact in respect of the particulars of allegation 1, the panel ./Mr_Dean_Richard_Johnson_10274-_Secretary_of_State_Decision__Unrestricted__for_WEB.pdf-finds that Mr Johnson formed an inappropriate relationship with Pupil A between January ./Mr_Dean_Richard_Johnson_10274-_Secretary_of_State_Decision__Unrestricted__for_WEB.pdf-2008 and July 2008 whilst Pupil A was on the School roll. Consequently, the panel finds ./Mr_Dean_Richard_Johnson_10274-_Secretary_of_State_Decision__Unrestricted__for_WEB.pdf-allegation 1 proved. ./Mr_Dean_Richard_Johnson_10274-_Secretary_of_State_Decision__Unrestricted__for_WEB.pdf- ./Mr_Dean_Richard_Johnson_10274-_Secretary_of_State_Decision__Unrestricted__for_WEB.pdf- 2. Had an inappropriate relationship with Pupil A between June 2008 and ./Mr_Dean_Richard_Johnson_10274-_Secretary_of_State_Decision__Unrestricted__for_WEB.pdf- 2013, when she had left the school in that you; ./Mr_Dean_Richard_Johnson_10274-_Secretary_of_State_Decision__Unrestricted__for_WEB.pdf- ./Mr_Dean_Richard_Johnson_10274-_Secretary_of_State_Decision__Unrestricted__for_WEB.pdf: a. Engaged in sexual activity with Pupil A; ./Mr_Dean_Richard_Johnson_10274-_Secretary_of_State_Decision__Unrestricted__for_WEB.pdf- ./Mr_Dean_Richard_Johnson_10274-_Secretary_of_State_Decision__Unrestricted__for_WEB.pdf: b. Recorded your sexual encounters with Pupil A on; ./Mr_Dean_Richard_Johnson_10274-_Secretary_of_State_Decision__Unrestricted__for_WEB.pdf- ./Mr_Dean_Richard_Johnson_10274-_Secretary_of_State_Decision__Unrestricted__for_WEB.pdf- i. your mobile phone; ./Mr_Dean_Richard_Johnson_10274-_Secretary_of_State_Decision__Unrestricted__for_WEB.pdf- ./Mr_Dean_Richard_Johnson_10274-_Secretary_of_State_Decision__Unrestricted__for_WEB.pdf- ii. a camera that had been purchased with school funds; ./Mr_Dean_Richard_Johnson_10274-_Secretary_of_State_Decision__Unrestricted__for_WEB.pdf- ./Mr_Dean_Richard_Johnson_10274-_Secretary_of_State_Decision__Unrestricted__for_WEB.pdf-The following admissions are made by Mr Johnson in the Statement of Agreed Facts in ./Mr_Dean_Richard_Johnson_10274-_Secretary_of_State_Decision__Unrestricted__for_WEB.pdf-respect of the particulars of allegation 2: ./Mr_Dean_Richard_Johnson_10274-_Secretary_of_State_Decision__Unrestricted__for_WEB.pdf- ./Mr_Dean_Richard_Johnson_10274-_Secretary_of_State_Decision__Unrestricted__for_WEB.pdf: 16. Mr Johnson admits that he continued his sexual relationship with ./Mr_Dean_Richard_Johnson_10274-_Secretary_of_State_Decision__Unrestricted__for_WEB.pdf- Pupil A after she had left the School and came off the School roll. ./Mr_Dean_Richard_Johnson_10274-_Secretary_of_State_Decision__Unrestricted__for_WEB.pdf- ./Mr_Dean_Richard_Johnson_10274-_Secretary_of_State_Decision__Unrestricted__for_WEB.pdf: 17. Mr Johnson admits that he made recordings of his sexual encounters ./Mr_Dean_Richard_Johnson_10274-_Secretary_of_State_Decision__Unrestricted__for_WEB.pdf- with Pupil A on his personal mobile phone and a camera which was ./Mr_Dean_Richard_Johnson_10274-_Secretary_of_State_Decision__Unrestricted__for_WEB.pdf- partly purchased with school funds and partly purchased with Mr ./Mr_Dean_Richard_Johnson_10274-_Secretary_of_State_Decision__Unrestricted__for_WEB.pdf- Johnson’s funds. ./Mr_Dean_Richard_Johnson_10274-_Secretary_of_State_Decision__Unrestricted__for_WEB.pdf- ./Mr_Dean_Richard_Johnson_10274-_Secretary_of_State_Decision__Unrestricted__for_WEB.pdf- 18. Mr Johnson accepts that to engage in the conduct as set out in ./Mr_Dean_Richard_Johnson_10274-_Secretary_of_State_Decision__Unrestricted__for_WEB.pdf- paragraphs 16-17 above resulted in an inappropriate relationship ./Mr_Dean_Richard_Johnson_10274-_Secretary_of_State_Decision__Unrestricted__for_WEB.pdf- with Pupil A as she had only recently been removed from the School ./Mr_Dean_Richard_Johnson_10274-_Secretary_of_State_Decision__Unrestricted__for_WEB.pdf- roll and their relationship was founded entirely on Mr Johnson’s ./Mr_Dean_Richard_Johnson_10274-_Secretary_of_State_Decision__Unrestricted__for_WEB.pdf- position as her teacher. ./Mr_Dean_Richard_Johnson_10274-_Secretary_of_State_Decision__Unrestricted__for_WEB.pdf- ./Mr_Dean_Richard_Johnson_10274-_Secretary_of_State_Decision__Unrestricted__for_WEB.pdf- 19. Mr Johnson also accepts that it was inappropriate to make ./Mr_Dean_Richard_Johnson_10274-_Secretary_of_State_Decision__Unrestricted__for_WEB.pdf: recordings of a sexual nature using a device partially funded by the ./Mr_Dean_Richard_Johnson_10274-_Secretary_of_State_Decision__Unrestricted__for_WEB.pdf- School. ./Mr_Dean_Richard_Johnson_10274-_Secretary_of_State_Decision__Unrestricted__for_WEB.pdf- ./Mr_Dean_Richard_Johnson_10274-_Secretary_of_State_Decision__Unrestricted__for_WEB.pdf:Pupil A confirms in her statement, and the panel finds, that the sexual relationship ./Mr_Dean_Richard_Johnson_10274-_Secretary_of_State_Decision__Unrestricted__for_WEB.pdf-between her and Mr Johnson continued into October 2008 and beyond. The panel is ./Mr_Dean_Richard_Johnson_10274-_Secretary_of_State_Decision__Unrestricted__for_WEB.pdf:particularly concerned to note that, in a sexual relationship founded on Mr Johnson ./Mr_Dean_Richard_Johnson_10274-_Secretary_of_State_Decision__Unrestricted__for_WEB.pdf-exercising his influence as a teacher, he resorted to practices such as recording his ./Mr_Dean_Richard_Johnson_10274-_Secretary_of_State_Decision__Unrestricted__for_WEB.pdf:sexual activity with Pupil A. ./Mr_Dean_Richard_Johnson_10274-_Secretary_of_State_Decision__Unrestricted__for_WEB.pdf- ./Mr_Dean_Richard_Johnson_10274-_Secretary_of_State_Decision__Unrestricted__for_WEB.pdf-[Redacted] ./Mr_Dean_Richard_Johnson_10274-_Secretary_of_State_Decision__Unrestricted__for_WEB.pdf- ./Mr_Dean_Richard_Johnson_10274-_Secretary_of_State_Decision__Unrestricted__for_WEB.pdf- ./Mr_Dean_Richard_Johnson_10274-_Secretary_of_State_Decision__Unrestricted__for_WEB.pdf- ./Mr_Dean_Richard_Johnson_10274-_Secretary_of_State_Decision__Unrestricted__for_WEB.pdf- 9 ./Mr_Dean_Richard_Johnson_10274-_Secretary_of_State_Decision__Unrestricted__for_WEB.pdf- -- ./Mr_Dean_Richard_Johnson_10274-_Secretary_of_State_Decision__Unrestricted__for_WEB.pdf-On this basis, the panel finds the facts of particulars 2.a. and 2.b. proved and therefore ./Mr_Dean_Richard_Johnson_10274-_Secretary_of_State_Decision__Unrestricted__for_WEB.pdf-finds allegation 2 proved. ./Mr_Dean_Richard_Johnson_10274-_Secretary_of_State_Decision__Unrestricted__for_WEB.pdf- ./Mr_Dean_Richard_Johnson_10274-_Secretary_of_State_Decision__Unrestricted__for_WEB.pdf- On or around 11th May 2015, you were convicted at the Guildford Crown ./Mr_Dean_Richard_Johnson_10274-_Secretary_of_State_Decision__Unrestricted__for_WEB.pdf- Court in respect of the following criminal offence: ./Mr_Dean_Richard_Johnson_10274-_Secretary_of_State_Decision__Unrestricted__for_WEB.pdf- ./Mr_Dean_Richard_Johnson_10274-_Secretary_of_State_Decision__Unrestricted__for_WEB.pdf: 3. Possession of extreme pornographic images – An act which threatens ./Mr_Dean_Richard_Johnson_10274-_Secretary_of_State_Decision__Unrestricted__for_WEB.pdf- a person's life subject to the Criminal Justice and Immigration Act ./Mr_Dean_Richard_Johnson_10274-_Secretary_of_State_Decision__Unrestricted__for_WEB.pdf- 2008 s63(7)(a) as a result of your conviction you were suspended (sic) ./Mr_Dean_Richard_Johnson_10274-_Secretary_of_State_Decision__Unrestricted__for_WEB.pdf- to a period of imprisonment of 8 months, wholly suspended for 24 ./Mr_Dean_Richard_Johnson_10274-_Secretary_of_State_Decision__Unrestricted__for_WEB.pdf- months, costs of £2,000, victim surcharge of £100 and forfeiture under ./Mr_Dean_Richard_Johnson_10274-_Secretary_of_State_Decision__Unrestricted__for_WEB.pdf- s.3 Obscene Pubs Act 1959 of two laptops and the hard drives. ./Mr_Dean_Richard_Johnson_10274-_Secretary_of_State_Decision__Unrestricted__for_WEB.pdf- ./Mr_Dean_Richard_Johnson_10274-_Secretary_of_State_Decision__Unrestricted__for_WEB.pdf-This allegation was admitted by Mr Johnson. The panel also relies on the Certificate of ./Mr_Dean_Richard_Johnson_10274-_Secretary_of_State_Decision__Unrestricted__for_WEB.pdf-Conviction dated 31 October 2016 which represents conclusive proof of the conviction. ./Mr_Dean_Richard_Johnson_10274-_Secretary_of_State_Decision__Unrestricted__for_WEB.pdf-Finally, the panel has considered the sentencing remarks made by the judge at the ./Mr_Dean_Richard_Johnson_10274-_Secretary_of_State_Decision__Unrestricted__for_WEB.pdf-sentencing hearing at Guildford Crown Court on 11 May 2015. -- ./Mr_Dean_Richard_Johnson_10274-_Secretary_of_State_Decision__Unrestricted__for_WEB.pdf-panel considers that Mr Johnson's behaviour in committing the offence could affect the ./Mr_Dean_Richard_Johnson_10274-_Secretary_of_State_Decision__Unrestricted__for_WEB.pdf-public confidence in the teaching profession given the influence that teachers may have ./Mr_Dean_Richard_Johnson_10274-_Secretary_of_State_Decision__Unrestricted__for_WEB.pdf-on pupils, parents and others in the community. ./Mr_Dean_Richard_Johnson_10274-_Secretary_of_State_Decision__Unrestricted__for_WEB.pdf- ./Mr_Dean_Richard_Johnson_10274-_Secretary_of_State_Decision__Unrestricted__for_WEB.pdf-The panel has noted that Mr Johnson's behaviour has ultimately led to him receiving a ./Mr_Dean_Richard_Johnson_10274-_Secretary_of_State_Decision__Unrestricted__for_WEB.pdf-sentence of imprisonment, albeit that it is suspended, which is indicative of the ./Mr_Dean_Richard_Johnson_10274-_Secretary_of_State_Decision__Unrestricted__for_WEB.pdf-seriousness of the offence committed. ./Mr_Dean_Richard_Johnson_10274-_Secretary_of_State_Decision__Unrestricted__for_WEB.pdf- ./Mr_Dean_Richard_Johnson_10274-_Secretary_of_State_Decision__Unrestricted__for_WEB.pdf-Mr Johnson maintains that the conviction was not relevant and that he viewed the ./Mr_Dean_Richard_Johnson_10274-_Secretary_of_State_Decision__Unrestricted__for_WEB.pdf-material in private. The panel rejects such submissions. This is a case involving an ./Mr_Dean_Richard_Johnson_10274-_Secretary_of_State_Decision__Unrestricted__for_WEB.pdf:offence relating to the possession, and viewing, of pornographic images described by the ./Mr_Dean_Richard_Johnson_10274-_Secretary_of_State_Decision__Unrestricted__for_WEB.pdf-judge as extreme and perverted although the panel confirms they did not include any ./Mr_Dean_Richard_Johnson_10274-_Secretary_of_State_Decision__Unrestricted__for_WEB.pdf-images of children. ./Mr_Dean_Richard_Johnson_10274-_Secretary_of_State_Decision__Unrestricted__for_WEB.pdf- ./Mr_Dean_Richard_Johnson_10274-_Secretary_of_State_Decision__Unrestricted__for_WEB.pdf-The panel has taken into account the written evidence that has been provided by Mr ./Mr_Dean_Richard_Johnson_10274-_Secretary_of_State_Decision__Unrestricted__for_WEB.pdf-Johnson attesting to his exemplary record as a teacher. The panel has also taken into ./Mr_Dean_Richard_Johnson_10274-_Secretary_of_State_Decision__Unrestricted__for_WEB.pdf-consideration Mr Johnson's account of the emotional difficulties he describes that he was ./Mr_Dean_Richard_Johnson_10274-_Secretary_of_State_Decision__Unrestricted__for_WEB.pdf-suffering at the relevant time. It has also been confirmed in the sentencing remarks that ./Mr_Dean_Richard_Johnson_10274-_Secretary_of_State_Decision__Unrestricted__for_WEB.pdf-there was no suggestion that, through Mr Johnson, any pupils at the school came into ./Mr_Dean_Richard_Johnson_10274-_Secretary_of_State_Decision__Unrestricted__for_WEB.pdf-contact with this type of material, and the pre-sentence report prepared in advance of the ./Mr_Dean_Richard_Johnson_10274-_Secretary_of_State_Decision__Unrestricted__for_WEB.pdf-sentencing hearing at Guildford Crown Court on 11 May 2015 described the risk of -- ./Mr_Dean_Richard_Johnson_10274-_Secretary_of_State_Decision__Unrestricted__for_WEB.pdf-confidence in the profession and declaring and upholding proper standards of conduct. ./Mr_Dean_Richard_Johnson_10274-_Secretary_of_State_Decision__Unrestricted__for_WEB.pdf- ./Mr_Dean_Richard_Johnson_10274-_Secretary_of_State_Decision__Unrestricted__for_WEB.pdf-The panel also acknowledged that there is a public interest in a teacher who is able to ./Mr_Dean_Richard_Johnson_10274-_Secretary_of_State_Decision__Unrestricted__for_WEB.pdf-make a valuable contribution to the profession being able to continue in that profession, ./Mr_Dean_Richard_Johnson_10274-_Secretary_of_State_Decision__Unrestricted__for_WEB.pdf-as outlined in the judgment in Wallace v Secretary of State for Education [2017] EWHC ./Mr_Dean_Richard_Johnson_10274-_Secretary_of_State_Decision__Unrestricted__for_WEB.pdf-109 (Admin). The Wallace judgment also stated that a finding of unacceptable ./Mr_Dean_Richard_Johnson_10274-_Secretary_of_State_Decision__Unrestricted__for_WEB.pdf-professional conduct and the formal publication of the findings of misconduct are of ./Mr_Dean_Richard_Johnson_10274-_Secretary_of_State_Decision__Unrestricted__for_WEB.pdf-themselves detrimental and illustrate that such misconduct is wholly unacceptable. ./Mr_Dean_Richard_Johnson_10274-_Secretary_of_State_Decision__Unrestricted__for_WEB.pdf- ./Mr_Dean_Richard_Johnson_10274-_Secretary_of_State_Decision__Unrestricted__for_WEB.pdf-The panel’s findings against Mr Johnson involved a sexual relationship with a pupil and ./Mr_Dean_Richard_Johnson_10274-_Secretary_of_State_Decision__Unrestricted__for_WEB.pdf:the conviction of an offence which related to the possession of pornographic material ./Mr_Dean_Richard_Johnson_10274-_Secretary_of_State_Decision__Unrestricted__for_WEB.pdf-described by the judge as extreme and perverted. In light of such findings, the panel ./Mr_Dean_Richard_Johnson_10274-_Secretary_of_State_Decision__Unrestricted__for_WEB.pdf-considers that all three elements of the public interest considerations are engaged. ./Mr_Dean_Richard_Johnson_10274-_Secretary_of_State_Decision__Unrestricted__for_WEB.pdf- ./Mr_Dean_Richard_Johnson_10274-_Secretary_of_State_Decision__Unrestricted__for_WEB.pdf-There is a strong public interest consideration in respect of the protection of pupils given ./Mr_Dean_Richard_Johnson_10274-_Secretary_of_State_Decision__Unrestricted__for_WEB.pdf-the serious findings of an inappropriate relationship with a pupil. The panel has ./Mr_Dean_Richard_Johnson_10274-_Secretary_of_State_Decision__Unrestricted__for_WEB.pdf-considered very carefully the serious and continuing consequences, both personal and in ./Mr_Dean_Richard_Johnson_10274-_Secretary_of_State_Decision__Unrestricted__for_WEB.pdf-terms of her academic progression, which have beset Pupil A as a result of Mr Johnson's ./Mr_Dean_Richard_Johnson_10274-_Secretary_of_State_Decision__Unrestricted__for_WEB.pdf-conduct as outlined in her statements. ./Mr_Dean_Richard_Johnson_10274-_Secretary_of_State_Decision__Unrestricted__for_WEB.pdf- ./Mr_Dean_Richard_Johnson_10274-_Secretary_of_State_Decision__Unrestricted__for_WEB.pdf-Similarly, the panel considers that public confidence in the profession could be seriously -- ./Mr_Dean_Richard_Johnson_10274-_Secretary_of_State_Decision__Unrestricted__for_WEB.pdf-In the list of such behaviours, those that are relevant in this case are: ./Mr_Dean_Richard_Johnson_10274-_Secretary_of_State_Decision__Unrestricted__for_WEB.pdf- ./Mr_Dean_Richard_Johnson_10274-_Secretary_of_State_Decision__Unrestricted__for_WEB.pdf-  serious departures from the personal and professional conduct elements of the ./Mr_Dean_Richard_Johnson_10274-_Secretary_of_State_Decision__Unrestricted__for_WEB.pdf- Teachers’ Standards; ./Mr_Dean_Richard_Johnson_10274-_Secretary_of_State_Decision__Unrestricted__for_WEB.pdf- ./Mr_Dean_Richard_Johnson_10274-_Secretary_of_State_Decision__Unrestricted__for_WEB.pdf-  misconduct seriously affecting the education and well-being of pupils, and ./Mr_Dean_Richard_Johnson_10274-_Secretary_of_State_Decision__Unrestricted__for_WEB.pdf- particularly where there is a continuing risk; ./Mr_Dean_Richard_Johnson_10274-_Secretary_of_State_Decision__Unrestricted__for_WEB.pdf- ./Mr_Dean_Richard_Johnson_10274-_Secretary_of_State_Decision__Unrestricted__for_WEB.pdf-  abuse of position or trust ./Mr_Dean_Richard_Johnson_10274-_Secretary_of_State_Decision__Unrestricted__for_WEB.pdf- ./Mr_Dean_Richard_Johnson_10274-_Secretary_of_State_Decision__Unrestricted__for_WEB.pdf:  sexual misconduct, to include actions of a sexual nature based on the exploitation ./Mr_Dean_Richard_Johnson_10274-_Secretary_of_State_Decision__Unrestricted__for_WEB.pdf- of the trust and influence derived from Mr Johnson’s professional position; ./Mr_Dean_Richard_Johnson_10274-_Secretary_of_State_Decision__Unrestricted__for_WEB.pdf- ./Mr_Dean_Richard_Johnson_10274-_Secretary_of_State_Decision__Unrestricted__for_WEB.pdf-  the commission of a serious criminal offence. ./Mr_Dean_Richard_Johnson_10274-_Secretary_of_State_Decision__Unrestricted__for_WEB.pdf- ./Mr_Dean_Richard_Johnson_10274-_Secretary_of_State_Decision__Unrestricted__for_WEB.pdf-Even though there were behaviours that would point to a prohibition order being ./Mr_Dean_Richard_Johnson_10274-_Secretary_of_State_Decision__Unrestricted__for_WEB.pdf-appropriate, the panel went on to consider whether or not there were sufficient mitigating ./Mr_Dean_Richard_Johnson_10274-_Secretary_of_State_Decision__Unrestricted__for_WEB.pdf-factors to militate against a prohibition order being an appropriate and proportionate ./Mr_Dean_Richard_Johnson_10274-_Secretary_of_State_Decision__Unrestricted__for_WEB.pdf-measure to impose, particularly taking into account the nature and severity of the ./Mr_Dean_Richard_Johnson_10274-_Secretary_of_State_Decision__Unrestricted__for_WEB.pdf-behaviour in this case. ./Mr_Dean_Richard_Johnson_10274-_Secretary_of_State_Decision__Unrestricted__for_WEB.pdf- ./Mr_Dean_Richard_Johnson_10274-_Secretary_of_State_Decision__Unrestricted__for_WEB.pdf-However, there is no evidence to suggest that Mr Johnson’s actions were not deliberate, ./Mr_Dean_Richard_Johnson_10274-_Secretary_of_State_Decision__Unrestricted__for_WEB.pdf-nor was he acting under duress. Indeed, in respect of his conduct towards Pupil A, the ./Mr_Dean_Richard_Johnson_10274-_Secretary_of_State_Decision__Unrestricted__for_WEB.pdf-panel found Mr Johnson’s actions to be calculated and planned. A clear example of this ./Mr_Dean_Richard_Johnson_10274-_Secretary_of_State_Decision__Unrestricted__for_WEB.pdf:is where Mr Johnson invited Pupil A to the classroom when they had sexual intercourse. ./Mr_Dean_Richard_Johnson_10274-_Secretary_of_State_Decision__Unrestricted__for_WEB.pdf-On her arrival, the blinds had already been drawn and Mr Johnson locked the door. ./Mr_Dean_Richard_Johnson_10274-_Secretary_of_State_Decision__Unrestricted__for_WEB.pdf- ./Mr_Dean_Richard_Johnson_10274-_Secretary_of_State_Decision__Unrestricted__for_WEB.pdf-The panel also rejects the submission made on behalf of Mr Johnson that this was one ./Mr_Dean_Richard_Johnson_10274-_Secretary_of_State_Decision__Unrestricted__for_WEB.pdf-grave error of judgment in an otherwise unblemished career. The panel does not accept ./Mr_Dean_Richard_Johnson_10274-_Secretary_of_State_Decision__Unrestricted__for_WEB.pdf-that this was an isolated incident. First, the relationship developed and subsisted for a ./Mr_Dean_Richard_Johnson_10274-_Secretary_of_State_Decision__Unrestricted__for_WEB.pdf-long period of time. Secondly, not only are there allegations of an inappropriate ./Mr_Dean_Richard_Johnson_10274-_Secretary_of_State_Decision__Unrestricted__for_WEB.pdf- ./Mr_Dean_Richard_Johnson_10274-_Secretary_of_State_Decision__Unrestricted__for_WEB.pdf- 13 ./Mr_Dean_Richard_Johnson_10274-_Secretary_of_State_Decision__Unrestricted__for_WEB.pdf- -- ./Mr_Dean_Richard_Johnson_10274-_Secretary_of_State_Decision__Unrestricted__for_WEB.pdf-prohibition order should be imposed with immediate effect. ./Mr_Dean_Richard_Johnson_10274-_Secretary_of_State_Decision__Unrestricted__for_WEB.pdf- ./Mr_Dean_Richard_Johnson_10274-_Secretary_of_State_Decision__Unrestricted__for_WEB.pdf-The panel has gone on to consider whether or not it would be appropriate for it to decide ./Mr_Dean_Richard_Johnson_10274-_Secretary_of_State_Decision__Unrestricted__for_WEB.pdf-to recommend that a review period of the order should be considered. The panel is ./Mr_Dean_Richard_Johnson_10274-_Secretary_of_State_Decision__Unrestricted__for_WEB.pdf-mindful that the Advice advises that a prohibition order applies for life, but there may be ./Mr_Dean_Richard_Johnson_10274-_Secretary_of_State_Decision__Unrestricted__for_WEB.pdf-circumstances in any given case that may make it appropriate to allow a teacher to apply ./Mr_Dean_Richard_Johnson_10274-_Secretary_of_State_Decision__Unrestricted__for_WEB.pdf-to have the prohibition order reviewed after a specified period of time that may not be ./Mr_Dean_Richard_Johnson_10274-_Secretary_of_State_Decision__Unrestricted__for_WEB.pdf-less than two years. ./Mr_Dean_Richard_Johnson_10274-_Secretary_of_State_Decision__Unrestricted__for_WEB.pdf- ./Mr_Dean_Richard_Johnson_10274-_Secretary_of_State_Decision__Unrestricted__for_WEB.pdf-The Advice indicates that there are behaviours that, if proven, would militate against a ./Mr_Dean_Richard_Johnson_10274-_Secretary_of_State_Decision__Unrestricted__for_WEB.pdf:review period being recommended. One of these behaviours is of serious sexual ./Mr_Dean_Richard_Johnson_10274-_Secretary_of_State_Decision__Unrestricted__for_WEB.pdf:misconduct. An example of this is where the act was sexually motivated and resulted in ./Mr_Dean_Richard_Johnson_10274-_Secretary_of_State_Decision__Unrestricted__for_WEB.pdf-or had the potential to result in, harm to a pupil, particularly where the individual has used ./Mr_Dean_Richard_Johnson_10274-_Secretary_of_State_Decision__Unrestricted__for_WEB.pdf-their professional position to influence or exploit that pupil. ./Mr_Dean_Richard_Johnson_10274-_Secretary_of_State_Decision__Unrestricted__for_WEB.pdf- ./Mr_Dean_Richard_Johnson_10274-_Secretary_of_State_Decision__Unrestricted__for_WEB.pdf-[Redacted] ./Mr_Dean_Richard_Johnson_10274-_Secretary_of_State_Decision__Unrestricted__for_WEB.pdf- ./Mr_Dean_Richard_Johnson_10274-_Secretary_of_State_Decision__Unrestricted__for_WEB.pdf-Finally, the panel had been struck by the consequences of Mr Johnson's conduct for ./Mr_Dean_Richard_Johnson_10274-_Secretary_of_State_Decision__Unrestricted__for_WEB.pdf-Pupil A which has been set out clearly in her statement. Those consequences have been ./Mr_Dean_Richard_Johnson_10274-_Secretary_of_State_Decision__Unrestricted__for_WEB.pdf-far-reaching in terms of her emotional state and her academic progression. ./Mr_Dean_Richard_Johnson_10274-_Secretary_of_State_Decision__Unrestricted__for_WEB.pdf- ./Mr_Dean_Richard_Johnson_10274-_Secretary_of_State_Decision__Unrestricted__for_WEB.pdf-[Redacted] -- ./Mr_Dean_Richard_Johnson_10274-_Secretary_of_State_Decision__Unrestricted__for_WEB.pdf-I have also asked myself whether or not a less intrusive measure, such as the published ./Mr_Dean_Richard_Johnson_10274-_Secretary_of_State_Decision__Unrestricted__for_WEB.pdf-finding of unacceptable professional conduct, conduct that may bring the profession into ./Mr_Dean_Richard_Johnson_10274-_Secretary_of_State_Decision__Unrestricted__for_WEB.pdf-disrepute, and a finding of a relevant conviction, would itself be sufficient to achieve the ./Mr_Dean_Richard_Johnson_10274-_Secretary_of_State_Decision__Unrestricted__for_WEB.pdf-overall aim. I have to consider whether the consequences of such a publication are ./Mr_Dean_Richard_Johnson_10274-_Secretary_of_State_Decision__Unrestricted__for_WEB.pdf-themselves sufficient. I have considered therefore whether or not prohibiting Mr Johnson, ./Mr_Dean_Richard_Johnson_10274-_Secretary_of_State_Decision__Unrestricted__for_WEB.pdf-and the impact that will have on him, is proportionate. ./Mr_Dean_Richard_Johnson_10274-_Secretary_of_State_Decision__Unrestricted__for_WEB.pdf- ./Mr_Dean_Richard_Johnson_10274-_Secretary_of_State_Decision__Unrestricted__for_WEB.pdf-In this case I have considered the extent to which a prohibition order would protect ./Mr_Dean_Richard_Johnson_10274-_Secretary_of_State_Decision__Unrestricted__for_WEB.pdf-children. The panel has observed that Mr Johnson’s behaviours “involved a sexual ./Mr_Dean_Richard_Johnson_10274-_Secretary_of_State_Decision__Unrestricted__for_WEB.pdf-relationship with a pupil and the conviction of an offence which related to the possession ./Mr_Dean_Richard_Johnson_10274-_Secretary_of_State_Decision__Unrestricted__for_WEB.pdf:of pornographic material described by the judge as extreme and perverted.” The panel ./Mr_Dean_Richard_Johnson_10274-_Secretary_of_State_Decision__Unrestricted__for_WEB.pdf-has also said that it found, “Mr Johnson’s actions to be calculated and planned. A clear ./Mr_Dean_Richard_Johnson_10274-_Secretary_of_State_Decision__Unrestricted__for_WEB.pdf-example of this is where Mr Johnson invited Pupil A to the classroom when they had ./Mr_Dean_Richard_Johnson_10274-_Secretary_of_State_Decision__Unrestricted__for_WEB.pdf- ./Mr_Dean_Richard_Johnson_10274-_Secretary_of_State_Decision__Unrestricted__for_WEB.pdf- 16 ./Mr_Dean_Richard_Johnson_10274-_Secretary_of_State_Decision__Unrestricted__for_WEB.pdf- -- ./Mr_Dean_Richard_Johnson_10274-_Secretary_of_State_Decision__Unrestricted__for_WEB.pdf:sexual intercourse. On her arrival, the blinds had already been drawn and Mr Johnson ./Mr_Dean_Richard_Johnson_10274-_Secretary_of_State_Decision__Unrestricted__for_WEB.pdf-locked the door.” ./Mr_Dean_Richard_Johnson_10274-_Secretary_of_State_Decision__Unrestricted__for_WEB.pdf- ./Mr_Dean_Richard_Johnson_10274-_Secretary_of_State_Decision__Unrestricted__for_WEB.pdf-A prohibition order would therefore prevent the risk of future similar behaviour from being ./Mr_Dean_Richard_Johnson_10274-_Secretary_of_State_Decision__Unrestricted__for_WEB.pdf-present. I have also taken into account the panel’s comments on insight and remorse ./Mr_Dean_Richard_Johnson_10274-_Secretary_of_State_Decision__Unrestricted__for_WEB.pdf-which the panel sets out as follows, “is not convinced that Mr Johnson fully appreciates, ./Mr_Dean_Richard_Johnson_10274-_Secretary_of_State_Decision__Unrestricted__for_WEB.pdf-or has sufficient insight into, the long-term effect his behaviour has had on Pupil A even ./Mr_Dean_Richard_Johnson_10274-_Secretary_of_State_Decision__Unrestricted__for_WEB.pdf-though he has apologised for his conduct and any harm he may have caused”. ./Mr_Dean_Richard_Johnson_10274-_Secretary_of_State_Decision__Unrestricted__for_WEB.pdf- ./Mr_Dean_Richard_Johnson_10274-_Secretary_of_State_Decision__Unrestricted__for_WEB.pdf-In my judgement the lack of sufficient insight and remorse means that there is ./Mr_Dean_Richard_Johnson_10274-_Secretary_of_State_Decision__Unrestricted__for_WEB.pdf-considerable risk of the repetition of this behaviour and this risks future pupils’ well-being. ./Mr_Dean_Richard_Johnson_10274-_Secretary_of_State_Decision__Unrestricted__for_WEB.pdf-I have therefore given this element considerable weight in reaching my decision. ./Mr_Dean_Richard_Johnson_10274-_Secretary_of_State_Decision__Unrestricted__for_WEB.pdf- ./Mr_Dean_Richard_Johnson_10274-_Secretary_of_State_Decision__Unrestricted__for_WEB.pdf-I have gone on to consider the extent to which a prohibition order would maintain public ./Mr_Dean_Richard_Johnson_10274-_Secretary_of_State_Decision__Unrestricted__for_WEB.pdf-confidence in the profession. The panel observe, “public confidence in the profession ./Mr_Dean_Richard_Johnson_10274-_Secretary_of_State_Decision__Unrestricted__for_WEB.pdf-could be seriously weakened if conduct such as that found against Mr Johnson were not ./Mr_Dean_Richard_Johnson_10274-_Secretary_of_State_Decision__Unrestricted__for_WEB.pdf-treated with the utmost seriousness when regulating the conduct of the profession.” ./Mr_Dean_Richard_Johnson_10274-_Secretary_of_State_Decision__Unrestricted__for_WEB.pdf- ./Mr_Dean_Richard_Johnson_10274-_Secretary_of_State_Decision__Unrestricted__for_WEB.pdf:I am particularly mindful of the finding of sexual misconduct in this case and the impact ./Mr_Dean_Richard_Johnson_10274-_Secretary_of_State_Decision__Unrestricted__for_WEB.pdf-that such a finding has on the reputation of the profession. ./Mr_Dean_Richard_Johnson_10274-_Secretary_of_State_Decision__Unrestricted__for_WEB.pdf- ./Mr_Dean_Richard_Johnson_10274-_Secretary_of_State_Decision__Unrestricted__for_WEB.pdf-I have had to consider that the public has a high expectation of professional standards of ./Mr_Dean_Richard_Johnson_10274-_Secretary_of_State_Decision__Unrestricted__for_WEB.pdf-all teachers and that failure to impose a prohibition order might be regarded by the public ./Mr_Dean_Richard_Johnson_10274-_Secretary_of_State_Decision__Unrestricted__for_WEB.pdf-as a failure to uphold those high standards. In weighing these considerations I have had ./Mr_Dean_Richard_Johnson_10274-_Secretary_of_State_Decision__Unrestricted__for_WEB.pdf-to consider the matter from the point of view of an “ordinary intelligent and well-informed ./Mr_Dean_Richard_Johnson_10274-_Secretary_of_State_Decision__Unrestricted__for_WEB.pdf-citizen.” ./Mr_Dean_Richard_Johnson_10274-_Secretary_of_State_Decision__Unrestricted__for_WEB.pdf- ./Mr_Dean_Richard_Johnson_10274-_Secretary_of_State_Decision__Unrestricted__for_WEB.pdf-I have considered whether the publication of a finding of unacceptable professional ./Mr_Dean_Richard_Johnson_10274-_Secretary_of_State_Decision__Unrestricted__for_WEB.pdf-conduct, in the absence of a prohibition order, can itself be regarded by such a person as -- ./Mr_Dean_Richard_Johnson_10274-_Secretary_of_State_Decision__Unrestricted__for_WEB.pdf-the conduct of Mr Johnson towards Pupil A. ./Mr_Dean_Richard_Johnson_10274-_Secretary_of_State_Decision__Unrestricted__for_WEB.pdf- ./Mr_Dean_Richard_Johnson_10274-_Secretary_of_State_Decision__Unrestricted__for_WEB.pdf-The recommendation of the panel, whilst not in any way designed to be punitive, must ./Mr_Dean_Richard_Johnson_10274-_Secretary_of_State_Decision__Unrestricted__for_WEB.pdf-take account of the risk of repetition of the sort of behaviour, which has led to these ./Mr_Dean_Richard_Johnson_10274-_Secretary_of_State_Decision__Unrestricted__for_WEB.pdf-proceedings against Mr Johnson. The panel is not sufficiently reassured by what it has ./Mr_Dean_Richard_Johnson_10274-_Secretary_of_State_Decision__Unrestricted__for_WEB.pdf-read and heard to enable it to find that there is no risk of repetition of this behaviour”. ./Mr_Dean_Richard_Johnson_10274-_Secretary_of_State_Decision__Unrestricted__for_WEB.pdf- ./Mr_Dean_Richard_Johnson_10274-_Secretary_of_State_Decision__Unrestricted__for_WEB.pdf-I have considered whether a provision for no review period reflects the seriousness of the ./Mr_Dean_Richard_Johnson_10274-_Secretary_of_State_Decision__Unrestricted__for_WEB.pdf-findings and is a proportionate period to achieve the aim of maintaining public confidence ./Mr_Dean_Richard_Johnson_10274-_Secretary_of_State_Decision__Unrestricted__for_WEB.pdf-in the profession. In this case, there are three factors that in my view mean that there ./Mr_Dean_Richard_Johnson_10274-_Secretary_of_State_Decision__Unrestricted__for_WEB.pdf:should be no review period: These elements are the sexual misconduct found, the ./Mr_Dean_Richard_Johnson_10274-_Secretary_of_State_Decision__Unrestricted__for_WEB.pdf-serious impact on Pupil A and the lack of sufficient insight or remorse. ./Mr_Dean_Richard_Johnson_10274-_Secretary_of_State_Decision__Unrestricted__for_WEB.pdf- ./Mr_Dean_Richard_Johnson_10274-_Secretary_of_State_Decision__Unrestricted__for_WEB.pdf-I consider therefore that a prohibition with no review period is required to satisfy the ./Mr_Dean_Richard_Johnson_10274-_Secretary_of_State_Decision__Unrestricted__for_WEB.pdf-maintenance of public confidence in the profession. I believe that is proportionate and in ./Mr_Dean_Richard_Johnson_10274-_Secretary_of_State_Decision__Unrestricted__for_WEB.pdf-the public interest. ./Mr_Dean_Richard_Johnson_10274-_Secretary_of_State_Decision__Unrestricted__for_WEB.pdf- ./Mr_Dean_Richard_Johnson_10274-_Secretary_of_State_Decision__Unrestricted__for_WEB.pdf-This means that Mr Dean Johnson is prohibited from teaching indefinitely and ./Mr_Dean_Richard_Johnson_10274-_Secretary_of_State_Decision__Unrestricted__for_WEB.pdf-cannot teach in any school, sixth form college, relevant youth accommodation or ./Mr_Dean_Richard_Johnson_10274-_Secretary_of_State_Decision__Unrestricted__for_WEB.pdf-children’s home in England. Furthermore, in view of the seriousness of the allegations ./Mr_Dean_Richard_Johnson_10274-_Secretary_of_State_Decision__Unrestricted__for_WEB.pdf-found proved against him, I have decided that Mr Dean Johnson shall not be entitled to ./Mr_Dennis_Edwards__14732_-SoS_Decision_for_WEB.pdf-Findings of fact ./Mr_Dennis_Edwards__14732_-SoS_Decision_for_WEB.pdf-The panel's findings of fact are as follows: ./Mr_Dennis_Edwards__14732_-SoS_Decision_for_WEB.pdf- ./Mr_Dennis_Edwards__14732_-SoS_Decision_for_WEB.pdf- 1. Made one or more indecent photographs and/or pseudo-photographs of a ./Mr_Dennis_Edwards__14732_-SoS_Decision_for_WEB.pdf- child; ./Mr_Dennis_Edwards__14732_-SoS_Decision_for_WEB.pdf- ./Mr_Dennis_Edwards__14732_-SoS_Decision_for_WEB.pdf-This allegation was admitted by Mr Edwards. ./Mr_Dennis_Edwards__14732_-SoS_Decision_for_WEB.pdf- ./Mr_Dennis_Edwards__14732_-SoS_Decision_for_WEB.pdf-Mr Edwards accepted that he used file-sharing software called Shareaza ("the Software") ./Mr_Dennis_Edwards__14732_-SoS_Decision_for_WEB.pdf-over a period of 3-4 years to download sexually explicit images in bulk. His position was ./Mr_Dennis_Edwards__14732_-SoS_Decision_for_WEB.pdf:that he was intending to download adult pornography. ./Mr_Dennis_Edwards__14732_-SoS_Decision_for_WEB.pdf- ./Mr_Dennis_Edwards__14732_-SoS_Decision_for_WEB.pdf-However, pursuant to the statement of agreed and disputed facts, Mr Edwards admitted ./Mr_Dennis_Edwards__14732_-SoS_Decision_for_WEB.pdf-that he: ./Mr_Dennis_Edwards__14732_-SoS_Decision_for_WEB.pdf- ./Mr_Dennis_Edwards__14732_-SoS_Decision_for_WEB.pdf- a) Downloaded one or more indecent photographs and/or pseudo- ./Mr_Dennis_Edwards__14732_-SoS_Decision_for_WEB.pdf- photographs of children ("Relevant Images") to his laptops using the ./Mr_Dennis_Edwards__14732_-SoS_Decision_for_WEB.pdf- Software; and ./Mr_Dennis_Edwards__14732_-SoS_Decision_for_WEB.pdf- ./Mr_Dennis_Edwards__14732_-SoS_Decision_for_WEB.pdf- b) Copied Relevant Images to an external hard drive. ./Mr_Dennis_Edwards__14732_-SoS_Decision_for_WEB.pdf- -- ./Mr_Dennis_Edwards__14732_-SoS_Decision_for_WEB.pdf-In light of Mr Edwards' admission and given the evidence before the panel, the panel ./Mr_Dennis_Edwards__14732_-SoS_Decision_for_WEB.pdf-found allegation 2 proved. ./Mr_Dennis_Edwards__14732_-SoS_Decision_for_WEB.pdf- ./Mr_Dennis_Edwards__14732_-SoS_Decision_for_WEB.pdf- 3. You failed to stop using the file sharing software from which you ./Mr_Dennis_Edwards__14732_-SoS_Decision_for_WEB.pdf- obtained one or more of the images as at allegation 1 and/or 2 above ./Mr_Dennis_Edwards__14732_-SoS_Decision_for_WEB.pdf- when they came to your attention. ./Mr_Dennis_Edwards__14732_-SoS_Decision_for_WEB.pdf- ./Mr_Dennis_Edwards__14732_-SoS_Decision_for_WEB.pdf-This allegation was admitted by Mr Edwards. ./Mr_Dennis_Edwards__14732_-SoS_Decision_for_WEB.pdf- ./Mr_Dennis_Edwards__14732_-SoS_Decision_for_WEB.pdf-Pursuant to the statement of agreed and disputed facts Mr Edwards accepted that, over ./Mr_Dennis_Edwards__14732_-SoS_Decision_for_WEB.pdf:a period of 3-4 years, he used the Software to download sexually explicit images in bulk ./Mr_Dennis_Edwards__14732_-SoS_Decision_for_WEB.pdf-and he accepted that he continued to use the Software after Relevant Images came to ./Mr_Dennis_Edwards__14732_-SoS_Decision_for_WEB.pdf-his attention. ./Mr_Dennis_Edwards__14732_-SoS_Decision_for_WEB.pdf- ./Mr_Dennis_Edwards__14732_-SoS_Decision_for_WEB.pdf-The panel accordingly found allegation 3 proved. ./Mr_Dennis_Edwards__14732_-SoS_Decision_for_WEB.pdf- ./Mr_Dennis_Edwards__14732_-SoS_Decision_for_WEB.pdf-Findings as to unacceptable professional conduct and/or conduct that ./Mr_Dennis_Edwards__14732_-SoS_Decision_for_WEB.pdf-may bring the profession into disrepute ./Mr_Dennis_Edwards__14732_-SoS_Decision_for_WEB.pdf-Having found allegations 1 to 3 proved, the panel went on to consider whether the facts ./Mr_Dennis_Edwards__14732_-SoS_Decision_for_WEB.pdf-of those proven allegations amount to unacceptable professional conduct and/or conduct ./Mr_Dennis_Edwards__14732_-SoS_Decision_for_WEB.pdf-that may bring the profession into disrepute. ./Mr_Ezar_Khan_Professional_conduct_panel_meeting_outcome__web_.pdf- h) Wrote a note to accompany the image at allegation 4(g) with words to the ./Mr_Ezar_Khan_Professional_conduct_panel_meeting_outcome__web_.pdf- effect of, ‘little 14 year old sister :), paki hating slag :) xxx’ ./Mr_Ezar_Khan_Professional_conduct_panel_meeting_outcome__web_.pdf- ./Mr_Ezar_Khan_Professional_conduct_panel_meeting_outcome__web_.pdf- i) Masturbated over the image at allegation 4(g); ./Mr_Ezar_Khan_Professional_conduct_panel_meeting_outcome__web_.pdf- ./Mr_Ezar_Khan_Professional_conduct_panel_meeting_outcome__web_.pdf- j) Ejaculated onto the image at allegation 4(g); ./Mr_Ezar_Khan_Professional_conduct_panel_meeting_outcome__web_.pdf- ./Mr_Ezar_Khan_Professional_conduct_panel_meeting_outcome__web_.pdf- k) Took a photograph of the image at allegation 4(g) with his semen on it; ./Mr_Ezar_Khan_Professional_conduct_panel_meeting_outcome__web_.pdf- ./Mr_Ezar_Khan_Professional_conduct_panel_meeting_outcome__web_.pdf: 5. His conduct at allegation 1 and/or 4 was conduct of a sexual nature and/ or ./Mr_Ezar_Khan_Professional_conduct_panel_meeting_outcome__web_.pdf: sexually motivated. ./Mr_Ezar_Khan_Professional_conduct_panel_meeting_outcome__web_.pdf- ./Mr_Ezar_Khan_Professional_conduct_panel_meeting_outcome__web_.pdf-Mr Khan admitted the allegations and that the admitted facts amounted to unacceptable ./Mr_Ezar_Khan_Professional_conduct_panel_meeting_outcome__web_.pdf-professional conduct and/or conduct that may being the profession into disrepute, as set ./Mr_Ezar_Khan_Professional_conduct_panel_meeting_outcome__web_.pdf-out in the response to the notice of hearing dated 14 December 2022 and the statement ./Mr_Ezar_Khan_Professional_conduct_panel_meeting_outcome__web_.pdf-of agreed facts signed by Mr Khan on 5 January 2023. ./Mr_Ezar_Khan_Professional_conduct_panel_meeting_outcome__web_.pdf- ./Mr_Ezar_Khan_Professional_conduct_panel_meeting_outcome__web_.pdf- ./Mr_Ezar_Khan_Professional_conduct_panel_meeting_outcome__web_.pdf-Preliminary applications ./Mr_Ezar_Khan_Professional_conduct_panel_meeting_outcome__web_.pdf-There were no preliminary applications. ./Mr_Ezar_Khan_Professional_conduct_panel_meeting_outcome__web_.pdf- -- ./Mr_Ezar_Khan_Professional_conduct_panel_meeting_outcome__web_.pdf- ./Mr_Ezar_Khan_Professional_conduct_panel_meeting_outcome__web_.pdf-The panel noted that Mr Khan admitted the facts of allegation 1 in its entirety, as set out ./Mr_Ezar_Khan_Professional_conduct_panel_meeting_outcome__web_.pdf-in the statement of agreed facts signed by Mr Khan on 5 January 2023. ./Mr_Ezar_Khan_Professional_conduct_panel_meeting_outcome__web_.pdf- ./Mr_Ezar_Khan_Professional_conduct_panel_meeting_outcome__web_.pdf-Mr Khan’s admission in the statement of agreed facts signed by Mr Khan on 5 January ./Mr_Ezar_Khan_Professional_conduct_panel_meeting_outcome__web_.pdf-2023 was in parts inconsistent with the account he provided throughout the police ./Mr_Ezar_Khan_Professional_conduct_panel_meeting_outcome__web_.pdf-investigation and throughout the TRA process. ./Mr_Ezar_Khan_Professional_conduct_panel_meeting_outcome__web_.pdf- ./Mr_Ezar_Khan_Professional_conduct_panel_meeting_outcome__web_.pdf-The panel noted Mr Khan’s response at the investigation stage, in which he confirmed ./Mr_Ezar_Khan_Professional_conduct_panel_meeting_outcome__web_.pdf-that he had kissed Pupil A, who was under the age of 16, on the cheek, although he ./Mr_Ezar_Khan_Professional_conduct_panel_meeting_outcome__web_.pdf:stated that his intention was not sexual. ./Mr_Ezar_Khan_Professional_conduct_panel_meeting_outcome__web_.pdf- ./Mr_Ezar_Khan_Professional_conduct_panel_meeting_outcome__web_.pdf-Mr Khan initially denied buying Pupil A cigarettes, but accepted that he may have been ./Mr_Ezar_Khan_Professional_conduct_panel_meeting_outcome__web_.pdf-seen returning cigarettes to Pupil A, as it was custom in the School for teachers to place ./Mr_Ezar_Khan_Professional_conduct_panel_meeting_outcome__web_.pdf-any cigarettes held by students into safe custody and return them at the end of the class ./Mr_Ezar_Khan_Professional_conduct_panel_meeting_outcome__web_.pdf-or day. Mr Khan stated that there would have been occasions in which he loaned his ./Mr_Ezar_Khan_Professional_conduct_panel_meeting_outcome__web_.pdf-jacket to students due to the cold; he was not giving clothing to anyone for them to keep, ./Mr_Ezar_Khan_Professional_conduct_panel_meeting_outcome__web_.pdf-but providing the loan of a jacket for warmth as the school hall could be extremely cold. ./Mr_Ezar_Khan_Professional_conduct_panel_meeting_outcome__web_.pdf- ./Mr_Ezar_Khan_Professional_conduct_panel_meeting_outcome__web_.pdf-Mr Khan explained that the School provided student support which could run from ./Mr_Ezar_Khan_Professional_conduct_panel_meeting_outcome__web_.pdf-3:30pm to 5:00pm; Mr Khan accepted that he may have been there with students during -- ./Mr_Ezar_Khan_Professional_conduct_panel_meeting_outcome__web_.pdf-The panel noted the witness statement of Individual E. Individual E explained that the ./Mr_Ezar_Khan_Professional_conduct_panel_meeting_outcome__web_.pdf-School recognised that Pupil A was [redacted]. Individual E described Pupil A as a ./Mr_Ezar_Khan_Professional_conduct_panel_meeting_outcome__web_.pdf-“[redacted]”. ./Mr_Ezar_Khan_Professional_conduct_panel_meeting_outcome__web_.pdf- ./Mr_Ezar_Khan_Professional_conduct_panel_meeting_outcome__web_.pdf-On 22 March 2018, at around 3pm to 4pm, Individual E received a call from Individual D ./Mr_Ezar_Khan_Professional_conduct_panel_meeting_outcome__web_.pdf-who raised concerns about Mr Khan. Individual D reported that she had witnessed Mr ./Mr_Ezar_Khan_Professional_conduct_panel_meeting_outcome__web_.pdf-Khan place his arm around Pupil A and kiss her on the cheek. Individual E stated that he ./Mr_Ezar_Khan_Professional_conduct_panel_meeting_outcome__web_.pdf-was shocked and followed school protocols by interviewing Mr Khan face to face the ./Mr_Ezar_Khan_Professional_conduct_panel_meeting_outcome__web_.pdf-following day. Individual E reported that Mr Khan seemed upset at the time and alarmed. ./Mr_Ezar_Khan_Professional_conduct_panel_meeting_outcome__web_.pdf-He agreed that he may have overstepped the mark. He did not deny that he had put his ./Mr_Ezar_Khan_Professional_conduct_panel_meeting_outcome__web_.pdf:arm round Pupil A and kissed her, but stated that it was not sexual. He was concerned ./Mr_Ezar_Khan_Professional_conduct_panel_meeting_outcome__web_.pdf-about Pupil A’s relationship with [redacted]. ./Mr_Ezar_Khan_Professional_conduct_panel_meeting_outcome__web_.pdf- ./Mr_Ezar_Khan_Professional_conduct_panel_meeting_outcome__web_.pdf-Individual E attended a LADO meeting on 27 March 2018 to discuss the concerns raised ./Mr_Ezar_Khan_Professional_conduct_panel_meeting_outcome__web_.pdf-and to confirm the actions to be taken. The police were also in attendance. Individual E ./Mr_Ezar_Khan_Professional_conduct_panel_meeting_outcome__web_.pdf-found out additional information that raised further concerns about Mr Khan. It was ./Mr_Ezar_Khan_Professional_conduct_panel_meeting_outcome__web_.pdf-discussed during this meeting that the police were to arrest Mr Khan. Mr Khan attended ./Mr_Ezar_Khan_Professional_conduct_panel_meeting_outcome__web_.pdf- ./Mr_Ezar_Khan_Professional_conduct_panel_meeting_outcome__web_.pdf- ./Mr_Ezar_Khan_Professional_conduct_panel_meeting_outcome__web_.pdf- 9 ./Mr_Ezar_Khan_Professional_conduct_panel_meeting_outcome__web_.pdf- -- ./Mr_Ezar_Khan_Professional_conduct_panel_meeting_outcome__web_.pdf- 5) an image of another girl with a handwritten note placed in front of the laptop ./Mr_Ezar_Khan_Professional_conduct_panel_meeting_outcome__web_.pdf- “[redacted] racist paki hating slag”, the image also has what appears to be semen ./Mr_Ezar_Khan_Professional_conduct_panel_meeting_outcome__web_.pdf- on the computer screen; ./Mr_Ezar_Khan_Professional_conduct_panel_meeting_outcome__web_.pdf- ./Mr_Ezar_Khan_Professional_conduct_panel_meeting_outcome__web_.pdf- 6) an image of the young girl with the handwritten note “this is to show [redacted] ./Mr_Ezar_Khan_Professional_conduct_panel_meeting_outcome__web_.pdf- how much I love her your paki daddy” and a male penis and a part of a body part ./Mr_Ezar_Khan_Professional_conduct_panel_meeting_outcome__web_.pdf- with hair in front of the computer screen. ./Mr_Ezar_Khan_Professional_conduct_panel_meeting_outcome__web_.pdf- ./Mr_Ezar_Khan_Professional_conduct_panel_meeting_outcome__web_.pdf-The panel noted that the photographs were found following the police seizing Mr Khan’s ./Mr_Ezar_Khan_Professional_conduct_panel_meeting_outcome__web_.pdf-computer and that, during a police interview, Mr Khan confirmed he took the images at ./Mr_Ezar_Khan_Professional_conduct_panel_meeting_outcome__web_.pdf:the request of another user on the adult chatroom. Mr Khan denied having a sexual ./Mr_Ezar_Khan_Professional_conduct_panel_meeting_outcome__web_.pdf-interest in children and stated that the images were not taken to cause anyone offence, ./Mr_Ezar_Khan_Professional_conduct_panel_meeting_outcome__web_.pdf-alarm or distress. ./Mr_Ezar_Khan_Professional_conduct_panel_meeting_outcome__web_.pdf- ./Mr_Ezar_Khan_Professional_conduct_panel_meeting_outcome__web_.pdf-The panel also noted that Mr Khan admitted allegations 4(a) to 4(k) in the statement of ./Mr_Ezar_Khan_Professional_conduct_panel_meeting_outcome__web_.pdf-agreed facts signed by Mr Khan on 5 January 2023. ./Mr_Ezar_Khan_Professional_conduct_panel_meeting_outcome__web_.pdf- ./Mr_Ezar_Khan_Professional_conduct_panel_meeting_outcome__web_.pdf-The panel found allegations 4(a) to 4(k) proven. ./Mr_Ezar_Khan_Professional_conduct_panel_meeting_outcome__web_.pdf- ./Mr_Ezar_Khan_Professional_conduct_panel_meeting_outcome__web_.pdf: 5. Your conduct at allegation 1 and/or 4 was conduct of a sexual nature and/ or ./Mr_Ezar_Khan_Professional_conduct_panel_meeting_outcome__web_.pdf: sexually motivated. ./Mr_Ezar_Khan_Professional_conduct_panel_meeting_outcome__web_.pdf- ./Mr_Ezar_Khan_Professional_conduct_panel_meeting_outcome__web_.pdf- ./Mr_Ezar_Khan_Professional_conduct_panel_meeting_outcome__web_.pdf- 13 ./Mr_Ezar_Khan_Professional_conduct_panel_meeting_outcome__web_.pdf- -- ./Mr_Ezar_Khan_Professional_conduct_panel_meeting_outcome__web_.pdf-Having found allegations 1 and 4 proved, the panel went on to consider whether Mr ./Mr_Ezar_Khan_Professional_conduct_panel_meeting_outcome__web_.pdf:Khan’s conduct was conduct of a sexual nature and/or was sexually motivated. The ./Mr_Ezar_Khan_Professional_conduct_panel_meeting_outcome__web_.pdf-panel noted from the bundle of documents before it that Mr Khan initially denied that his ./Mr_Ezar_Khan_Professional_conduct_panel_meeting_outcome__web_.pdf:conduct was sexually motivated, however later admitted allegation 5 in the statement of ./Mr_Ezar_Khan_Professional_conduct_panel_meeting_outcome__web_.pdf-agreed facts signed by Mr Khan on 5 January 2023. Notwithstanding this, the panel ./Mr_Ezar_Khan_Professional_conduct_panel_meeting_outcome__web_.pdf-made a determination based on the evidence available to it. ./Mr_Ezar_Khan_Professional_conduct_panel_meeting_outcome__web_.pdf- ./Mr_Ezar_Khan_Professional_conduct_panel_meeting_outcome__web_.pdf-The panel’s attention was drawn to section 78 Sexual Offences Act 2003 and to the ./Mr_Ezar_Khan_Professional_conduct_panel_meeting_outcome__web_.pdf-cases of Sait v The General Medical Council [2018], Basson v General Medical Council ./Mr_Ezar_Khan_Professional_conduct_panel_meeting_outcome__web_.pdf-[2018] and The General Medical Counsel v Haris [2020] EWHC 2518. ./Mr_Ezar_Khan_Professional_conduct_panel_meeting_outcome__web_.pdf- ./Mr_Ezar_Khan_Professional_conduct_panel_meeting_outcome__web_.pdf:The panel considered whether the conduct was sexually motivated. It noted that in ./Mr_Ezar_Khan_Professional_conduct_panel_meeting_outcome__web_.pdf:Basson it was stated that “A sexual motive means that the conduct was done either in ./Mr_Ezar_Khan_Professional_conduct_panel_meeting_outcome__web_.pdf:pursuit of sexual gratification or in pursuit of a sexual relationship”. ./Mr_Ezar_Khan_Professional_conduct_panel_meeting_outcome__web_.pdf- ./Mr_Ezar_Khan_Professional_conduct_panel_meeting_outcome__web_.pdf-On examination of the documents before the panel and consideration of the wider ./Mr_Ezar_Khan_Professional_conduct_panel_meeting_outcome__web_.pdf-documentary evidence, the panel concluded that Mr Khan’s conduct as set out in ./Mr_Ezar_Khan_Professional_conduct_panel_meeting_outcome__web_.pdf:allegations 1 and 4 was sexually motivated. The panel was of the view that, in respect of ./Mr_Ezar_Khan_Professional_conduct_panel_meeting_outcome__web_.pdf-allegation 1, there was no other reason for this conduct from a teacher towards a pupil. ./Mr_Ezar_Khan_Professional_conduct_panel_meeting_outcome__web_.pdf- ./Mr_Ezar_Khan_Professional_conduct_panel_meeting_outcome__web_.pdf-The panel accepted Mr Khan’s admissions. ./Mr_Ezar_Khan_Professional_conduct_panel_meeting_outcome__web_.pdf- ./Mr_Ezar_Khan_Professional_conduct_panel_meeting_outcome__web_.pdf-The panel therefore found the facts of allegation 5 proven. ./Mr_Ezar_Khan_Professional_conduct_panel_meeting_outcome__web_.pdf- ./Mr_Ezar_Khan_Professional_conduct_panel_meeting_outcome__web_.pdf-In summary, the panel found allegations 1 to 5 proven. ./Mr_Ezar_Khan_Professional_conduct_panel_meeting_outcome__web_.pdf- ./Mr_Ezar_Khan_Professional_conduct_panel_meeting_outcome__web_.pdf-Findings as to unacceptable professional conduct and/or conduct that ./Mr_Ezar_Khan_Professional_conduct_panel_meeting_outcome__web_.pdf-may bring the profession into disrepute -- ./Mr_Ezar_Khan_Professional_conduct_panel_meeting_outcome__web_.pdf-serious nature which fell significantly short of the standards expected of the profession. ./Mr_Ezar_Khan_Professional_conduct_panel_meeting_outcome__web_.pdf- ./Mr_Ezar_Khan_Professional_conduct_panel_meeting_outcome__web_.pdf-The panel also considered whether Mr Khan’s conduct displayed behaviours associated ./Mr_Ezar_Khan_Professional_conduct_panel_meeting_outcome__web_.pdf-with any of the offences listed on pages 12 and 13 of the Advice. ./Mr_Ezar_Khan_Professional_conduct_panel_meeting_outcome__web_.pdf- ./Mr_Ezar_Khan_Professional_conduct_panel_meeting_outcome__web_.pdf-There has not been a conviction in this case, however the Advice states that where a ./Mr_Ezar_Khan_Professional_conduct_panel_meeting_outcome__web_.pdf-teacher has been found by a panel to have displayed behaviours associated with any of ./Mr_Ezar_Khan_Professional_conduct_panel_meeting_outcome__web_.pdf-the offence types shown in the list on page 12, but was not convicted of a relevant ./Mr_Ezar_Khan_Professional_conduct_panel_meeting_outcome__web_.pdf-offence, a panel is likely to conclude that those behaviours would amount to ./Mr_Ezar_Khan_Professional_conduct_panel_meeting_outcome__web_.pdf-“unacceptable professional conduct”. The panel found that the offences of fraud or ./Mr_Ezar_Khan_Professional_conduct_panel_meeting_outcome__web_.pdf:serious dishonesty and sexual activity were relevant. ./Mr_Ezar_Khan_Professional_conduct_panel_meeting_outcome__web_.pdf- ./Mr_Ezar_Khan_Professional_conduct_panel_meeting_outcome__web_.pdf-The panel noted that allegations 2(d)(i)-(ii) and 4(a)-(k) took place outside the education ./Mr_Ezar_Khan_Professional_conduct_panel_meeting_outcome__web_.pdf-setting. The panel believe that Mr Khan’s conduct touched upon his profession as a ./Mr_Ezar_Khan_Professional_conduct_panel_meeting_outcome__web_.pdf-teacher, given that, in respect of allegations 2(d)(i)-(ii), Pupil A was a pupil at the School ./Mr_Ezar_Khan_Professional_conduct_panel_meeting_outcome__web_.pdf-and separately in respect of allegations 4(a)-(k), as he was engaging in inappropriate ./Mr_Ezar_Khan_Professional_conduct_panel_meeting_outcome__web_.pdf-conversations online. ./Mr_Ezar_Khan_Professional_conduct_panel_meeting_outcome__web_.pdf- ./Mr_Ezar_Khan_Professional_conduct_panel_meeting_outcome__web_.pdf-Accordingly, the panel was satisfied that Mr Khan was guilty of unacceptable professional ./Mr_Ezar_Khan_Professional_conduct_panel_meeting_outcome__web_.pdf-conduct. ./Mr_Ezar_Khan_Professional_conduct_panel_meeting_outcome__web_.pdf- -- ./Mr_Ezar_Khan_Professional_conduct_panel_meeting_outcome__web_.pdf-The panel had regard to the particular public interest considerations set out in the Advice ./Mr_Ezar_Khan_Professional_conduct_panel_meeting_outcome__web_.pdf-and, having done so, found a number of them to be relevant in this case, namely: the ./Mr_Ezar_Khan_Professional_conduct_panel_meeting_outcome__web_.pdf-safeguarding and wellbeing of pupils and the protection of other members of the public; ./Mr_Ezar_Khan_Professional_conduct_panel_meeting_outcome__web_.pdf-the maintenance of public confidence in the profession; declaring and upholding proper ./Mr_Ezar_Khan_Professional_conduct_panel_meeting_outcome__web_.pdf-standards of conduct; and that prohibition strikes the right balance between the rights of ./Mr_Ezar_Khan_Professional_conduct_panel_meeting_outcome__web_.pdf-the teacher and the public interest, if they are in conflict. ./Mr_Ezar_Khan_Professional_conduct_panel_meeting_outcome__web_.pdf- ./Mr_Ezar_Khan_Professional_conduct_panel_meeting_outcome__web_.pdf-In the light of the panel’s findings against Mr Khan which involved failing to maintain ./Mr_Ezar_Khan_Professional_conduct_panel_meeting_outcome__web_.pdf-appropriate professional boundaries with Pupil A, there was a strong public interest ./Mr_Ezar_Khan_Professional_conduct_panel_meeting_outcome__web_.pdf-consideration in respect of the protection of pupils, given the serious findings of ./Mr_Ezar_Khan_Professional_conduct_panel_meeting_outcome__web_.pdf:inappropriate relationships with children and that Mr Khan had been sexually motivated in ./Mr_Ezar_Khan_Professional_conduct_panel_meeting_outcome__web_.pdf-this conduct. ./Mr_Ezar_Khan_Professional_conduct_panel_meeting_outcome__web_.pdf- ./Mr_Ezar_Khan_Professional_conduct_panel_meeting_outcome__web_.pdf-Similarly, the panel considered that public confidence in the profession could be seriously ./Mr_Ezar_Khan_Professional_conduct_panel_meeting_outcome__web_.pdf-weakened if conduct such as that found against Mr Khan was not treated with the utmost ./Mr_Ezar_Khan_Professional_conduct_panel_meeting_outcome__web_.pdf-seriousness when regulating the conduct of the profession. ./Mr_Ezar_Khan_Professional_conduct_panel_meeting_outcome__web_.pdf- ./Mr_Ezar_Khan_Professional_conduct_panel_meeting_outcome__web_.pdf-The panel was of the view that a strong public interest consideration in declaring proper ./Mr_Ezar_Khan_Professional_conduct_panel_meeting_outcome__web_.pdf-standards of conduct in the profession was also present as the conduct found against Mr ./Mr_Ezar_Khan_Professional_conduct_panel_meeting_outcome__web_.pdf-Khan was outside that which could reasonably be tolerated. ./Mr_Ezar_Khan_Professional_conduct_panel_meeting_outcome__web_.pdf- -- ./Mr_Ezar_Khan_Professional_conduct_panel_meeting_outcome__web_.pdf- ./Mr_Ezar_Khan_Professional_conduct_panel_meeting_outcome__web_.pdf- • serious departure from the personal and professional conduct elements of the ./Mr_Ezar_Khan_Professional_conduct_panel_meeting_outcome__web_.pdf- Teachers’ Standards; ./Mr_Ezar_Khan_Professional_conduct_panel_meeting_outcome__web_.pdf- ./Mr_Ezar_Khan_Professional_conduct_panel_meeting_outcome__web_.pdf- • misconduct seriously affecting the education and/or well-being of pupils, and ./Mr_Ezar_Khan_Professional_conduct_panel_meeting_outcome__web_.pdf- particularly where there is a continuing risk; ./Mr_Ezar_Khan_Professional_conduct_panel_meeting_outcome__web_.pdf- ./Mr_Ezar_Khan_Professional_conduct_panel_meeting_outcome__web_.pdf- • abuse of position or trust (particularly involving pupils); ./Mr_Ezar_Khan_Professional_conduct_panel_meeting_outcome__web_.pdf- ./Mr_Ezar_Khan_Professional_conduct_panel_meeting_outcome__web_.pdf- • any abuse of any trust, knowledge or influence grained through their professional ./Mr_Ezar_Khan_Professional_conduct_panel_meeting_outcome__web_.pdf: position in order to advance a romantic or sexual relationship with a pupil or former ./Mr_Ezar_Khan_Professional_conduct_panel_meeting_outcome__web_.pdf- pupil; ./Mr_Ezar_Khan_Professional_conduct_panel_meeting_outcome__web_.pdf- ./Mr_Ezar_Khan_Professional_conduct_panel_meeting_outcome__web_.pdf: • sexual misconduct, for example, involving actions that were sexually motivated or ./Mr_Ezar_Khan_Professional_conduct_panel_meeting_outcome__web_.pdf: of a sexual nature and/or that use or exploit the trust, knowledge or influence ./Mr_Ezar_Khan_Professional_conduct_panel_meeting_outcome__web_.pdf- derived from the individual’s professional position; ./Mr_Ezar_Khan_Professional_conduct_panel_meeting_outcome__web_.pdf- ./Mr_Ezar_Khan_Professional_conduct_panel_meeting_outcome__web_.pdf- • failing in their duty of care towards a child, including exposing a child to risk or ./Mr_Ezar_Khan_Professional_conduct_panel_meeting_outcome__web_.pdf- failing to promote the safety and welfare of the children (as set out in Part 1 of ./Mr_Ezar_Khan_Professional_conduct_panel_meeting_outcome__web_.pdf- KCSIE); ./Mr_Ezar_Khan_Professional_conduct_panel_meeting_outcome__web_.pdf- ./Mr_Ezar_Khan_Professional_conduct_panel_meeting_outcome__web_.pdf- • dishonesty or a lack of integrity, including the deliberate concealment of their ./Mr_Ezar_Khan_Professional_conduct_panel_meeting_outcome__web_.pdf- actions or purposeful destruction of evidence, especially where these behaviours ./Mr_Ezar_Khan_Professional_conduct_panel_meeting_outcome__web_.pdf- have been repeated or had serious consequences, or involved the coercion of ./Mr_Ezar_Khan_Professional_conduct_panel_meeting_outcome__web_.pdf- another person to act in a way contrary to their own interests; -- ./Mr_Ezar_Khan_Professional_conduct_panel_meeting_outcome__web_.pdf-opinion. Accordingly, the panel made a recommendation to the Secretary of State that a ./Mr_Ezar_Khan_Professional_conduct_panel_meeting_outcome__web_.pdf-prohibition order should be imposed with immediate effect. ./Mr_Ezar_Khan_Professional_conduct_panel_meeting_outcome__web_.pdf- ./Mr_Ezar_Khan_Professional_conduct_panel_meeting_outcome__web_.pdf-The panel went on to consider whether or not it would be appropriate for it to decide to ./Mr_Ezar_Khan_Professional_conduct_panel_meeting_outcome__web_.pdf-recommend a review period of the order. The panel was mindful that the Advice states ./Mr_Ezar_Khan_Professional_conduct_panel_meeting_outcome__web_.pdf-that a prohibition order applies for life, but there may be circumstances, in any given ./Mr_Ezar_Khan_Professional_conduct_panel_meeting_outcome__web_.pdf-case, that may make it appropriate to allow a teacher to apply to have the prohibition ./Mr_Ezar_Khan_Professional_conduct_panel_meeting_outcome__web_.pdf-order reviewed after a specified period of time that may not be less than 2 years. ./Mr_Ezar_Khan_Professional_conduct_panel_meeting_outcome__web_.pdf- ./Mr_Ezar_Khan_Professional_conduct_panel_meeting_outcome__web_.pdf-The Advice indicates that there are behaviours that, if proved, would militate against the ./Mr_Ezar_Khan_Professional_conduct_panel_meeting_outcome__web_.pdf:recommendation of a review period. These behaviours include serious sexual ./Mr_Ezar_Khan_Professional_conduct_panel_meeting_outcome__web_.pdf:misconduct, such as where the act was sexually motivated and resulted in, or had the ./Mr_Ezar_Khan_Professional_conduct_panel_meeting_outcome__web_.pdf-potential to result in, harm to a person or persons, particularly where the individual has ./Mr_Ezar_Khan_Professional_conduct_panel_meeting_outcome__web_.pdf:used his professional position to influence or exploit a person or persons / any sexual ./Mr_Ezar_Khan_Professional_conduct_panel_meeting_outcome__web_.pdf-misconduct involving a child. The panel found that Mr Khan was responsible for failing to ./Mr_Ezar_Khan_Professional_conduct_panel_meeting_outcome__web_.pdf-maintain appropriate professional boundaries with a pupil and engaging in a conversation ./Mr_Ezar_Khan_Professional_conduct_panel_meeting_outcome__web_.pdf:with Individual A on an internet chatroom which was conduct of a sexual nature and/or ./Mr_Ezar_Khan_Professional_conduct_panel_meeting_outcome__web_.pdf:sexually motivated, although the panel noted that there was no evidence that Individual A ./Mr_Ezar_Khan_Professional_conduct_panel_meeting_outcome__web_.pdf-was a child or a pupil. ./Mr_Ezar_Khan_Professional_conduct_panel_meeting_outcome__web_.pdf- ./Mr_Ezar_Khan_Professional_conduct_panel_meeting_outcome__web_.pdf-The Advice also indicates that there are behaviours that, if proved, would have greater ./Mr_Ezar_Khan_Professional_conduct_panel_meeting_outcome__web_.pdf-relevance and weigh in favour of a longer review period. One of these behaviours include ./Mr_Ezar_Khan_Professional_conduct_panel_meeting_outcome__web_.pdf-fraud or serious dishonesty. The panel found that Mr Khan was responsible for being ./Mr_Ezar_Khan_Professional_conduct_panel_meeting_outcome__web_.pdf-dishonest and/or lacking integrity. ./Mr_Ezar_Khan_Professional_conduct_panel_meeting_outcome__web_.pdf- ./Mr_Ezar_Khan_Professional_conduct_panel_meeting_outcome__web_.pdf-The panel decided that the findings indicated a situation in which a review period would ./Mr_Ezar_Khan_Professional_conduct_panel_meeting_outcome__web_.pdf-not be appropriate and, as such, decided that it would be proportionate, in all the ./Mr_Ezar_Khan_Professional_conduct_panel_meeting_outcome__web_.pdf-circumstances, for the prohibition order to be recommended without provisions for a -- ./Mr_Ezar_Khan_Professional_conduct_panel_meeting_outcome__web_.pdf- practices of the school in which they teach, and maintain high standards in their ./Mr_Ezar_Khan_Professional_conduct_panel_meeting_outcome__web_.pdf- own attendance and punctuality. ./Mr_Ezar_Khan_Professional_conduct_panel_meeting_outcome__web_.pdf- ./Mr_Ezar_Khan_Professional_conduct_panel_meeting_outcome__web_.pdf- • Teachers must have an understanding of, and always act within, the statutory ./Mr_Ezar_Khan_Professional_conduct_panel_meeting_outcome__web_.pdf- frameworks which set out their professional duties and responsibilities. ./Mr_Ezar_Khan_Professional_conduct_panel_meeting_outcome__web_.pdf- ./Mr_Ezar_Khan_Professional_conduct_panel_meeting_outcome__web_.pdf-The panel was satisfied that the conduct of Mr Khan amounted to misconduct of a ./Mr_Ezar_Khan_Professional_conduct_panel_meeting_outcome__web_.pdf-serious nature which fell significantly short of the standards expected of the profession. ./Mr_Ezar_Khan_Professional_conduct_panel_meeting_outcome__web_.pdf- ./Mr_Ezar_Khan_Professional_conduct_panel_meeting_outcome__web_.pdf-The findings of misconduct are particularly serious as they include findings of failing to ./Mr_Ezar_Khan_Professional_conduct_panel_meeting_outcome__web_.pdf:maintain appropriate professional boundaries with Pupil A, sexually motivated conduct ./Mr_Ezar_Khan_Professional_conduct_panel_meeting_outcome__web_.pdf-and dishonesty on the part of a teacher. ./Mr_Ezar_Khan_Professional_conduct_panel_meeting_outcome__web_.pdf- ./Mr_Ezar_Khan_Professional_conduct_panel_meeting_outcome__web_.pdf-I have to determine whether the imposition of a prohibition order is proportionate and in ./Mr_Ezar_Khan_Professional_conduct_panel_meeting_outcome__web_.pdf-the public interest. In considering that for this case, I have considered the overall aim of a ./Mr_Ezar_Khan_Professional_conduct_panel_meeting_outcome__web_.pdf-prohibition order which is to protect pupils and to maintain public confidence in the ./Mr_Ezar_Khan_Professional_conduct_panel_meeting_outcome__web_.pdf-profession. I have considered the extent to which a prohibition order in this case would ./Mr_Ezar_Khan_Professional_conduct_panel_meeting_outcome__web_.pdf-achieve that aim, taking into account the impact that it will have on the individual teacher. ./Mr_Ezar_Khan_Professional_conduct_panel_meeting_outcome__web_.pdf-I have also asked myself, whether a less intrusive measure, such as the published ./Mr_Ezar_Khan_Professional_conduct_panel_meeting_outcome__web_.pdf- ./Mr_Ezar_Khan_Professional_conduct_panel_meeting_outcome__web_.pdf- 19 -- ./Mr_Ezar_Khan_Professional_conduct_panel_meeting_outcome__web_.pdf-finding of unacceptable professional conduct and conduct that may bring the profession ./Mr_Ezar_Khan_Professional_conduct_panel_meeting_outcome__web_.pdf-into disrepute, would itself be sufficient to achieve the overall aim. I have to consider ./Mr_Ezar_Khan_Professional_conduct_panel_meeting_outcome__web_.pdf-whether the consequences of such a publication are themselves sufficient. I have ./Mr_Ezar_Khan_Professional_conduct_panel_meeting_outcome__web_.pdf-considered therefore whether or not prohibiting Mr Khan, and the impact that will have on ./Mr_Ezar_Khan_Professional_conduct_panel_meeting_outcome__web_.pdf-the teacher, is proportionate and in the public interest. ./Mr_Ezar_Khan_Professional_conduct_panel_meeting_outcome__web_.pdf- ./Mr_Ezar_Khan_Professional_conduct_panel_meeting_outcome__web_.pdf-In this case, I have considered the extent to which a prohibition order would protect ./Mr_Ezar_Khan_Professional_conduct_panel_meeting_outcome__web_.pdf-children/safeguard pupils. The panel has observed, “The panel found that Mr Khan was ./Mr_Ezar_Khan_Professional_conduct_panel_meeting_outcome__web_.pdf-responsible for failing to maintain appropriate professional boundaries with a pupil and ./Mr_Ezar_Khan_Professional_conduct_panel_meeting_outcome__web_.pdf-engaging in a conversation with Individual A on an internet chatroom which was conduct ./Mr_Ezar_Khan_Professional_conduct_panel_meeting_outcome__web_.pdf:of a sexual nature and/or sexually motivated, although the panel noted that there was no ./Mr_Ezar_Khan_Professional_conduct_panel_meeting_outcome__web_.pdf-evidence that Individual A was a child or a pupil.” A prohibition order would therefore ./Mr_Ezar_Khan_Professional_conduct_panel_meeting_outcome__web_.pdf-prevent such a risk from being present in the future. ./Mr_Ezar_Khan_Professional_conduct_panel_meeting_outcome__web_.pdf- ./Mr_Ezar_Khan_Professional_conduct_panel_meeting_outcome__web_.pdf-I have also taken into account the panel’s comments on insight and remorse, which the ./Mr_Ezar_Khan_Professional_conduct_panel_meeting_outcome__web_.pdf-panel sets out as follows, “The panel decided that the public interest considerations ./Mr_Ezar_Khan_Professional_conduct_panel_meeting_outcome__web_.pdf-outweighed the interests of Mr Khan. The lack of insight or remorse for his actions was a ./Mr_Ezar_Khan_Professional_conduct_panel_meeting_outcome__web_.pdf-significant factor in forming that opinion.” In my judgement, the lack of insight means that ./Mr_Ezar_Khan_Professional_conduct_panel_meeting_outcome__web_.pdf-there is some risk of the repetition of this behaviour and this puts at risk the future ./Mr_Ezar_Khan_Professional_conduct_panel_meeting_outcome__web_.pdf-wellbeing of pupils. I have therefore given this element considerable weight in reaching ./Mr_Ezar_Khan_Professional_conduct_panel_meeting_outcome__web_.pdf-my decision. -- ./Mr_Ezar_Khan_Professional_conduct_panel_meeting_outcome__web_.pdf-profession. ./Mr_Ezar_Khan_Professional_conduct_panel_meeting_outcome__web_.pdf- ./Mr_Ezar_Khan_Professional_conduct_panel_meeting_outcome__web_.pdf-For these reasons, I have concluded that a prohibition order is proportionate and in the ./Mr_Ezar_Khan_Professional_conduct_panel_meeting_outcome__web_.pdf-public interest in order to achieve the intended aims of a prohibition order. ./Mr_Ezar_Khan_Professional_conduct_panel_meeting_outcome__web_.pdf- ./Mr_Ezar_Khan_Professional_conduct_panel_meeting_outcome__web_.pdf-I have gone on to consider the matter of a review period. In this case, the panel has ./Mr_Ezar_Khan_Professional_conduct_panel_meeting_outcome__web_.pdf-recommended that no provision should be made for a review period. ./Mr_Ezar_Khan_Professional_conduct_panel_meeting_outcome__web_.pdf- ./Mr_Ezar_Khan_Professional_conduct_panel_meeting_outcome__web_.pdf-I have considered the panel’s comments “The Advice indicates that there are behaviours ./Mr_Ezar_Khan_Professional_conduct_panel_meeting_outcome__web_.pdf-that, if proved, would militate against the recommendation of a review period. These ./Mr_Ezar_Khan_Professional_conduct_panel_meeting_outcome__web_.pdf:behaviours include serious sexual misconduct, such as where the act was sexually ./Mr_Ezar_Khan_Professional_conduct_panel_meeting_outcome__web_.pdf-motivated and resulted in, or had the potential to result in, harm to a person or persons, ./Mr_Ezar_Khan_Professional_conduct_panel_meeting_outcome__web_.pdf-particularly where the individual has used his professional position to influence or exploit ./Mr_Ezar_Khan_Professional_conduct_panel_meeting_outcome__web_.pdf:a person or persons / any sexual misconduct involving a child.” The panel also observed, ./Mr_Ezar_Khan_Professional_conduct_panel_meeting_outcome__web_.pdf-“The Advice also indicates that there are behaviours that, if proved, would have greater ./Mr_Ezar_Khan_Professional_conduct_panel_meeting_outcome__web_.pdf-relevance and weigh in favour of a longer review period. One of these behaviours include ./Mr_Ezar_Khan_Professional_conduct_panel_meeting_outcome__web_.pdf-fraud or serious dishonesty. The panel found that Mr Khan was responsible for being ./Mr_Ezar_Khan_Professional_conduct_panel_meeting_outcome__web_.pdf-dishonest and/or lacking integrity.” ./Mr_Ezar_Khan_Professional_conduct_panel_meeting_outcome__web_.pdf- ./Mr_Ezar_Khan_Professional_conduct_panel_meeting_outcome__web_.pdf-I have considered whether allowing a review period reflects the seriousness of the ./Mr_Ezar_Khan_Professional_conduct_panel_meeting_outcome__web_.pdf-findings and is a proportionate period to achieve the aim of maintaining public confidence ./Mr_Ezar_Khan_Professional_conduct_panel_meeting_outcome__web_.pdf-in the profession. In this case, factors mean that allowing a review period is not sufficient ./Mr_Ezar_Khan_Professional_conduct_panel_meeting_outcome__web_.pdf-to achieve the aim of maintaining public confidence in the profession. These elements ./Mr_Ezar_Khan_Professional_conduct_panel_meeting_outcome__web_.pdf-are Mr Khan’s failure to maintain appropriate professional boundaries with Pupil A, his ./Mr_Ezar_Khan_Professional_conduct_panel_meeting_outcome__web_.pdf:sexually motivated conduct and his dishonesty. ./Mr_Ezar_Khan_Professional_conduct_panel_meeting_outcome__web_.pdf- ./Mr_Ezar_Khan_Professional_conduct_panel_meeting_outcome__web_.pdf-I consider therefore that allowing for no review period is necessary to maintain public ./Mr_Ezar_Khan_Professional_conduct_panel_meeting_outcome__web_.pdf-confidence and is proportionate and in the public interest. ./Mr_Ezar_Khan_Professional_conduct_panel_meeting_outcome__web_.pdf- ./Mr_Ezar_Khan_Professional_conduct_panel_meeting_outcome__web_.pdf-This means that Mr Ezar Khan is prohibited from teaching indefinitely and cannot ./Mr_Ezar_Khan_Professional_conduct_panel_meeting_outcome__web_.pdf-teach in any school, sixth form college, relevant youth accommodation or ./Mr_Ezar_Khan_Professional_conduct_panel_meeting_outcome__web_.pdf-children’s home in England. Furthermore, in view of the seriousness of the allegations ./Mr_Ezar_Khan_Professional_conduct_panel_meeting_outcome__web_.pdf-found proved against him, I have decided that Mr Khan shall not be entitled to apply for ./Mr_Ezar_Khan_Professional_conduct_panel_meeting_outcome__web_.pdf-restoration of his eligibility to teach. ./Mr_Ezar_Khan_Professional_conduct_panel_meeting_outcome__web_.pdf- ./Mr_Gary_Johnson_Professional_conduct_panel_outcome_for_WEB.pdf- ./Mr_Gary_Johnson_Professional_conduct_panel_outcome_for_WEB.pdf- 1. He failed to complete required DSL training every two years as required by ./Mr_Gary_Johnson_Professional_conduct_panel_outcome_for_WEB.pdf- Keeping Children Safe In Education instructions, which may have meant that he ./Mr_Gary_Johnson_Professional_conduct_panel_outcome_for_WEB.pdf- did not have up to date training and/or knowledge of Safeguarding; ./Mr_Gary_Johnson_Professional_conduct_panel_outcome_for_WEB.pdf- ./Mr_Gary_Johnson_Professional_conduct_panel_outcome_for_WEB.pdf- 2. He failed to ensure that the school had a suitably qualified DSL at all times; ./Mr_Gary_Johnson_Professional_conduct_panel_outcome_for_WEB.pdf- ./Mr_Gary_Johnson_Professional_conduct_panel_outcome_for_WEB.pdf- 3. He failed to report a disclosure by Pupil A of historic peer-on-peer abuse by ./Mr_Gary_Johnson_Professional_conduct_panel_outcome_for_WEB.pdf- Child B in autumn 2018 despite: ./Mr_Gary_Johnson_Professional_conduct_panel_outcome_for_WEB.pdf- ./Mr_Gary_Johnson_Professional_conduct_panel_outcome_for_WEB.pdf: a) The disclosure detailing a serious incident of sexual assault and/or rape; ./Mr_Gary_Johnson_Professional_conduct_panel_outcome_for_WEB.pdf- ./Mr_Gary_Johnson_Professional_conduct_panel_outcome_for_WEB.pdf- b) The potential for Child A to be exposed to further incidents of abuse; ./Mr_Gary_Johnson_Professional_conduct_panel_outcome_for_WEB.pdf- ./Mr_Gary_Johnson_Professional_conduct_panel_outcome_for_WEB.pdf- c) The potential for Child B to himself be exposed to safeguarding issues ./Mr_Gary_Johnson_Professional_conduct_panel_outcome_for_WEB.pdf- including but not limited to the commission of further offences; and ./Mr_Gary_Johnson_Professional_conduct_panel_outcome_for_WEB.pdf- ./Mr_Gary_Johnson_Professional_conduct_panel_outcome_for_WEB.pdf- d) Being required to do so by: ./Mr_Gary_Johnson_Professional_conduct_panel_outcome_for_WEB.pdf- ./Mr_Gary_Johnson_Professional_conduct_panel_outcome_for_WEB.pdf- i) School policy; ./Mr_Gary_Johnson_Professional_conduct_panel_outcome_for_WEB.pdf- -- ./Mr_Gary_Johnson_Professional_conduct_panel_outcome_for_WEB.pdf-The panel carefully considered the case and reached a decision. ./Mr_Gary_Johnson_Professional_conduct_panel_outcome_for_WEB.pdf- ./Mr_Gary_Johnson_Professional_conduct_panel_outcome_for_WEB.pdf-In advance of the meeting, the TRA agreed to a request from Mr Johnson for the ./Mr_Gary_Johnson_Professional_conduct_panel_outcome_for_WEB.pdf-allegations to be considered without a hearing. The panel had the ability to direct that the ./Mr_Gary_Johnson_Professional_conduct_panel_outcome_for_WEB.pdf-case be considered at a hearing if required in the interests of justice or in the public ./Mr_Gary_Johnson_Professional_conduct_panel_outcome_for_WEB.pdf-interest. The panel did not determine that such a direction was necessary or appropriate ./Mr_Gary_Johnson_Professional_conduct_panel_outcome_for_WEB.pdf-in this case. ./Mr_Gary_Johnson_Professional_conduct_panel_outcome_for_WEB.pdf- ./Mr_Gary_Johnson_Professional_conduct_panel_outcome_for_WEB.pdf-This case related to Mr Johnson's admitted failures to follow proper safeguarding training ./Mr_Gary_Johnson_Professional_conduct_panel_outcome_for_WEB.pdf-and referral procedures at his School, with particular reference to an incident of ./Mr_Gary_Johnson_Professional_conduct_panel_outcome_for_WEB.pdf:disclosure of historic serious sexual assault and/or rape by a child which was not referred ./Mr_Gary_Johnson_Professional_conduct_panel_outcome_for_WEB.pdf-on to other organisations as it should have been according to School, local authority and ./Mr_Gary_Johnson_Professional_conduct_panel_outcome_for_WEB.pdf-national policies and guidance. ./Mr_Gary_Johnson_Professional_conduct_panel_outcome_for_WEB.pdf- ./Mr_Gary_Johnson_Professional_conduct_panel_outcome_for_WEB.pdf-Findings of fact ./Mr_Gary_Johnson_Professional_conduct_panel_outcome_for_WEB.pdf- ./Mr_Gary_Johnson_Professional_conduct_panel_outcome_for_WEB.pdf-The findings of fact are as follows: ./Mr_Gary_Johnson_Professional_conduct_panel_outcome_for_WEB.pdf- ./Mr_Gary_Johnson_Professional_conduct_panel_outcome_for_WEB.pdf-The panel found the following particulars of the allegations against you proved, for these ./Mr_Gary_Johnson_Professional_conduct_panel_outcome_for_WEB.pdf-reasons: ./Mr_Gary_Johnson_Professional_conduct_panel_outcome_for_WEB.pdf- -- ./Mr_Gary_Johnson_Professional_conduct_panel_outcome_for_WEB.pdf- 2. You failed to ensure that the school had a suitably qualified DSL at all times; ./Mr_Gary_Johnson_Professional_conduct_panel_outcome_for_WEB.pdf- ./Mr_Gary_Johnson_Professional_conduct_panel_outcome_for_WEB.pdf- 3. You failed to report a disclosure by Pupil A of historic peer-on-peer abuse by ./Mr_Gary_Johnson_Professional_conduct_panel_outcome_for_WEB.pdf- Child B in autumn 2018 despite: ./Mr_Gary_Johnson_Professional_conduct_panel_outcome_for_WEB.pdf- ./Mr_Gary_Johnson_Professional_conduct_panel_outcome_for_WEB.pdf: a) The disclosure detailing a serious incident of sexual assault and/or ./Mr_Gary_Johnson_Professional_conduct_panel_outcome_for_WEB.pdf- rape; ./Mr_Gary_Johnson_Professional_conduct_panel_outcome_for_WEB.pdf- ./Mr_Gary_Johnson_Professional_conduct_panel_outcome_for_WEB.pdf- b) The potential for Child A to be exposed to further incidents of abuse; ./Mr_Gary_Johnson_Professional_conduct_panel_outcome_for_WEB.pdf- ./Mr_Gary_Johnson_Professional_conduct_panel_outcome_for_WEB.pdf- c) The potential for Child B to himself be exposed to safeguarding issues ./Mr_Gary_Johnson_Professional_conduct_panel_outcome_for_WEB.pdf- including but not limited to the commission of further offences; and ./Mr_Gary_Johnson_Professional_conduct_panel_outcome_for_WEB.pdf- ./Mr_Gary_Johnson_Professional_conduct_panel_outcome_for_WEB.pdf- d) Being required to do so by: ./Mr_Gary_Johnson_Professional_conduct_panel_outcome_for_WEB.pdf- ./Mr_Gary_Johnson_Professional_conduct_panel_outcome_for_WEB.pdf- i) School policy; ./Mr_Gethin_Hughes_Bridge_Professional_conduct_panel_meeting_outcome.pdf- ./Mr_Gethin_Hughes_Bridge_Professional_conduct_panel_meeting_outcome.pdf- iii. in which he stated that he had missed Pupil B "more than [he] thought ./Mr_Gethin_Hughes_Bridge_Professional_conduct_panel_meeting_outcome.pdf- possible…"; ./Mr_Gethin_Hughes_Bridge_Professional_conduct_panel_meeting_outcome.pdf- ./Mr_Gethin_Hughes_Bridge_Professional_conduct_panel_meeting_outcome.pdf- iv. in which he discussed other members of staff at the School. ./Mr_Gethin_Hughes_Bridge_Professional_conduct_panel_meeting_outcome.pdf- ./Mr_Gethin_Hughes_Bridge_Professional_conduct_panel_meeting_outcome.pdf-3. His conduct as may be found proven at 1 and/or 2 above was: ./Mr_Gethin_Hughes_Bridge_Professional_conduct_panel_meeting_outcome.pdf- ./Mr_Gethin_Hughes_Bridge_Professional_conduct_panel_meeting_outcome.pdf- a) flirtatious; ./Mr_Gethin_Hughes_Bridge_Professional_conduct_panel_meeting_outcome.pdf- ./Mr_Gethin_Hughes_Bridge_Professional_conduct_panel_meeting_outcome.pdf: b) conduct of a sexual nature and/or sexually motivated; ./Mr_Gethin_Hughes_Bridge_Professional_conduct_panel_meeting_outcome.pdf- ./Mr_Gethin_Hughes_Bridge_Professional_conduct_panel_meeting_outcome.pdf-Mr Bridge admitted the alleged facts. ./Mr_Gethin_Hughes_Bridge_Professional_conduct_panel_meeting_outcome.pdf- ./Mr_Gethin_Hughes_Bridge_Professional_conduct_panel_meeting_outcome.pdf-Mr Bridge also admitted that his conduct amounted to unacceptable professional conduct ./Mr_Gethin_Hughes_Bridge_Professional_conduct_panel_meeting_outcome.pdf-and conduct that may bring the profession into disrepute. ./Mr_Gethin_Hughes_Bridge_Professional_conduct_panel_meeting_outcome.pdf- ./Mr_Gethin_Hughes_Bridge_Professional_conduct_panel_meeting_outcome.pdf- ./Mr_Gethin_Hughes_Bridge_Professional_conduct_panel_meeting_outcome.pdf-C. Summary of evidence ./Mr_Gethin_Hughes_Bridge_Professional_conduct_panel_meeting_outcome.pdf-Documents ./Mr_Gethin_Hughes_Bridge_Professional_conduct_panel_meeting_outcome.pdf-In advance of the meeting, the panel received a bundle of documents which included: -- ./Mr_Gethin_Hughes_Bridge_Professional_conduct_panel_meeting_outcome.pdf-failed to maintain appropriate professional boundaries in relation to Pupil B. The panel ./Mr_Gethin_Hughes_Bridge_Professional_conduct_panel_meeting_outcome.pdf-has also been presented with copies of the emails confirming the alleged contents of the ./Mr_Gethin_Hughes_Bridge_Professional_conduct_panel_meeting_outcome.pdf-emails between Mr Bridge and Pupil B. ./Mr_Gethin_Hughes_Bridge_Professional_conduct_panel_meeting_outcome.pdf- ./Mr_Gethin_Hughes_Bridge_Professional_conduct_panel_meeting_outcome.pdf-The panel finds allegations 2a and b i to iv proved. ./Mr_Gethin_Hughes_Bridge_Professional_conduct_panel_meeting_outcome.pdf- ./Mr_Gethin_Hughes_Bridge_Professional_conduct_panel_meeting_outcome.pdf-3. Your conduct as may be found proven at 1 and/or 2 above was: ./Mr_Gethin_Hughes_Bridge_Professional_conduct_panel_meeting_outcome.pdf- ./Mr_Gethin_Hughes_Bridge_Professional_conduct_panel_meeting_outcome.pdf- a) flirtatious; ./Mr_Gethin_Hughes_Bridge_Professional_conduct_panel_meeting_outcome.pdf- ./Mr_Gethin_Hughes_Bridge_Professional_conduct_panel_meeting_outcome.pdf: b) conduct of a sexual nature and/or sexually motivated; ./Mr_Gethin_Hughes_Bridge_Professional_conduct_panel_meeting_outcome.pdf- ./Mr_Gethin_Hughes_Bridge_Professional_conduct_panel_meeting_outcome.pdf-Mr Bridge has admitted the facts alleged in 3a and 3b. ./Mr_Gethin_Hughes_Bridge_Professional_conduct_panel_meeting_outcome.pdf- ./Mr_Gethin_Hughes_Bridge_Professional_conduct_panel_meeting_outcome.pdf-The panel is satisfied that the emails were flirtatious. ./Mr_Gethin_Hughes_Bridge_Professional_conduct_panel_meeting_outcome.pdf- ./Mr_Gethin_Hughes_Bridge_Professional_conduct_panel_meeting_outcome.pdf:As to sexual motivation, in the Statement of Agreed Facts, Mr Bridge has admitted that ./Mr_Gethin_Hughes_Bridge_Professional_conduct_panel_meeting_outcome.pdf:his conduct in allegations 1 and 2 amounted to conduct of a sexual nature and/or was ./Mr_Gethin_Hughes_Bridge_Professional_conduct_panel_meeting_outcome.pdf:conduct which was sexually motivated. The panel accepted the legal advice, based on ./Mr_Gethin_Hughes_Bridge_Professional_conduct_panel_meeting_outcome.pdf:the judgment in Sait v GMC [2018] EWHC 3160 (Admin) at paragraph 36, that: 'A sexual ./Mr_Gethin_Hughes_Bridge_Professional_conduct_panel_meeting_outcome.pdf:motive means that the conduct was done either in pursuit of sexual gratification or in ./Mr_Gethin_Hughes_Bridge_Professional_conduct_panel_meeting_outcome.pdf:pursuit of a future sexual relationship'. ./Mr_Gethin_Hughes_Bridge_Professional_conduct_panel_meeting_outcome.pdf- ./Mr_Gethin_Hughes_Bridge_Professional_conduct_panel_meeting_outcome.pdf-The panel is satisfied that Mr Bridge's conduct in relation to both pupils was for the ./Mr_Gethin_Hughes_Bridge_Professional_conduct_panel_meeting_outcome.pdf:purposes of sexual gratification, but not necessarily in pursuit of a future sexual ./Mr_Gethin_Hughes_Bridge_Professional_conduct_panel_meeting_outcome.pdf-relationship with either pupil. Mr Bridge has admitted that he was flattered by the ./Mr_Gethin_Hughes_Bridge_Professional_conduct_panel_meeting_outcome.pdf-attention and, based on the content of the emails, the panel is satisfied that the emails ./Mr_Gethin_Hughes_Bridge_Professional_conduct_panel_meeting_outcome.pdf:were sent by Mr Bridge for the purposes of his sexual gratification The panel finds that ./Mr_Gethin_Hughes_Bridge_Professional_conduct_panel_meeting_outcome.pdf:the conduct was sexually motivated on that basis. ./Mr_Gethin_Hughes_Bridge_Professional_conduct_panel_meeting_outcome.pdf- ./Mr_Gethin_Hughes_Bridge_Professional_conduct_panel_meeting_outcome.pdf-The panel, therefore, finds allegations 3a and 3b proved ./Mr_Gethin_Hughes_Bridge_Professional_conduct_panel_meeting_outcome.pdf- ./Mr_Gethin_Hughes_Bridge_Professional_conduct_panel_meeting_outcome.pdf-Findings as to unacceptable professional conduct and/or conduct that ./Mr_Gethin_Hughes_Bridge_Professional_conduct_panel_meeting_outcome.pdf-may bring the profession into disrepute ./Mr_Gethin_Hughes_Bridge_Professional_conduct_panel_meeting_outcome.pdf-Having found the allegations to have been proven, the panel has gone on to consider ./Mr_Gethin_Hughes_Bridge_Professional_conduct_panel_meeting_outcome.pdf-whether the facts of those proven allegations amount to unacceptable professional ./Mr_Gethin_Hughes_Bridge_Professional_conduct_panel_meeting_outcome.pdf-conduct and/or conduct that may bring the profession into disrepute. ./Mr_Gethin_Hughes_Bridge_Professional_conduct_panel_meeting_outcome.pdf- ./Mr_Gethin_Hughes_Bridge_Professional_conduct_panel_meeting_outcome.pdf- -- ./Mr_Gethin_Hughes_Bridge_Professional_conduct_panel_meeting_outcome.pdf-given in order to be punitive, or to show that blame has been apportioned, although they ./Mr_Gethin_Hughes_Bridge_Professional_conduct_panel_meeting_outcome.pdf-are likely to have punitive effect. ./Mr_Gethin_Hughes_Bridge_Professional_conduct_panel_meeting_outcome.pdf- ./Mr_Gethin_Hughes_Bridge_Professional_conduct_panel_meeting_outcome.pdf-The panel had regard the particular public interest considerations set out in the Advice ./Mr_Gethin_Hughes_Bridge_Professional_conduct_panel_meeting_outcome.pdf-and having done so has found a number of them to be relevant in this case, namely the ./Mr_Gethin_Hughes_Bridge_Professional_conduct_panel_meeting_outcome.pdf-protection of pupils, the maintenance of public confidence in the profession and declaring ./Mr_Gethin_Hughes_Bridge_Professional_conduct_panel_meeting_outcome.pdf-and upholding proper standards of conduct. ./Mr_Gethin_Hughes_Bridge_Professional_conduct_panel_meeting_outcome.pdf- ./Mr_Gethin_Hughes_Bridge_Professional_conduct_panel_meeting_outcome.pdf-There is a strong public interest consideration in respect of the protection of pupils given ./Mr_Gethin_Hughes_Bridge_Professional_conduct_panel_meeting_outcome.pdf-the serious findings of failing to maintain appropriate professional boundaries and ./Mr_Gethin_Hughes_Bridge_Professional_conduct_panel_meeting_outcome.pdf:engaging in sexually motivated conduct. ./Mr_Gethin_Hughes_Bridge_Professional_conduct_panel_meeting_outcome.pdf- ./Mr_Gethin_Hughes_Bridge_Professional_conduct_panel_meeting_outcome.pdf-Similarly, the panel considers that public confidence in the profession could be seriously ./Mr_Gethin_Hughes_Bridge_Professional_conduct_panel_meeting_outcome.pdf-weakened if conduct such as that found against Mr Bridge were not treated with the ./Mr_Gethin_Hughes_Bridge_Professional_conduct_panel_meeting_outcome.pdf-utmost seriousness when regulating the conduct of the profession. ./Mr_Gethin_Hughes_Bridge_Professional_conduct_panel_meeting_outcome.pdf- ./Mr_Gethin_Hughes_Bridge_Professional_conduct_panel_meeting_outcome.pdf-The panel considered that a strong public interest consideration in declaring proper ./Mr_Gethin_Hughes_Bridge_Professional_conduct_panel_meeting_outcome.pdf-standards of conduct in the profession was also present as the conduct found against Mr ./Mr_Gethin_Hughes_Bridge_Professional_conduct_panel_meeting_outcome.pdf-Bridge was outside that which could reasonably be tolerated. ./Mr_Gethin_Hughes_Bridge_Professional_conduct_panel_meeting_outcome.pdf- ./Mr_Gethin_Hughes_Bridge_Professional_conduct_panel_meeting_outcome.pdf-Notwithstanding the clear public interest factors that were present, the panel considered -- ./Mr_Gethin_Hughes_Bridge_Professional_conduct_panel_meeting_outcome.pdf-considerations both in favour of and against prohibition as well as the interests of Mr ./Mr_Gethin_Hughes_Bridge_Professional_conduct_panel_meeting_outcome.pdf-Bridge. The panel took further account of the Advice, which suggests that a prohibition ./Mr_Gethin_Hughes_Bridge_Professional_conduct_panel_meeting_outcome.pdf-order may be appropriate if certain behaviours of a teacher have been proven. In the list ./Mr_Gethin_Hughes_Bridge_Professional_conduct_panel_meeting_outcome.pdf-of such behaviours, those that are relevant in this case are: ./Mr_Gethin_Hughes_Bridge_Professional_conduct_panel_meeting_outcome.pdf- ./Mr_Gethin_Hughes_Bridge_Professional_conduct_panel_meeting_outcome.pdf-  serious departure from the personal and professional conduct elements of the ./Mr_Gethin_Hughes_Bridge_Professional_conduct_panel_meeting_outcome.pdf- Teachers’ Standards; ./Mr_Gethin_Hughes_Bridge_Professional_conduct_panel_meeting_outcome.pdf-  misconduct seriously affecting the education and/or well-being of pupils, and ./Mr_Gethin_Hughes_Bridge_Professional_conduct_panel_meeting_outcome.pdf- particularly where there is a continuing risk; ./Mr_Gethin_Hughes_Bridge_Professional_conduct_panel_meeting_outcome.pdf-  abuse of position or trust; ./Mr_Gethin_Hughes_Bridge_Professional_conduct_panel_meeting_outcome.pdf:  sexual misconduct, eg involving actions that were sexually motivated or of a ./Mr_Gethin_Hughes_Bridge_Professional_conduct_panel_meeting_outcome.pdf: sexual nature and/or that use or exploit the trust, knowledge or influence derived ./Mr_Gethin_Hughes_Bridge_Professional_conduct_panel_meeting_outcome.pdf- from the individual’s professional position; ./Mr_Gethin_Hughes_Bridge_Professional_conduct_panel_meeting_outcome.pdf- ./Mr_Gethin_Hughes_Bridge_Professional_conduct_panel_meeting_outcome.pdf- ./Mr_Gethin_Hughes_Bridge_Professional_conduct_panel_meeting_outcome.pdf- 10 ./Mr_Gethin_Hughes_Bridge_Professional_conduct_panel_meeting_outcome.pdf- -- ./Mr_Gethin_Hughes_Bridge_Professional_conduct_panel_meeting_outcome.pdf-made by the panel is sufficient. ./Mr_Gethin_Hughes_Bridge_Professional_conduct_panel_meeting_outcome.pdf- ./Mr_Gethin_Hughes_Bridge_Professional_conduct_panel_meeting_outcome.pdf-The panel is of the view that applying the standard of the ordinary intelligent citizen ./Mr_Gethin_Hughes_Bridge_Professional_conduct_panel_meeting_outcome.pdf-recommending no prohibition order is not a proportionate and appropriate response. ./Mr_Gethin_Hughes_Bridge_Professional_conduct_panel_meeting_outcome.pdf-Recommending that publication of adverse findings is sufficient in the case would ./Mr_Gethin_Hughes_Bridge_Professional_conduct_panel_meeting_outcome.pdf-unacceptably compromise the public interest considerations present in this case, despite ./Mr_Gethin_Hughes_Bridge_Professional_conduct_panel_meeting_outcome.pdf-the severity of consequences for the teacher of prohibition. ./Mr_Gethin_Hughes_Bridge_Professional_conduct_panel_meeting_outcome.pdf- ./Mr_Gethin_Hughes_Bridge_Professional_conduct_panel_meeting_outcome.pdf-The panel is of the view that prohibition is both proportionate and appropriate. The panel ./Mr_Gethin_Hughes_Bridge_Professional_conduct_panel_meeting_outcome.pdf-has decided that the public interest considerations outweigh the interests of Mr Bridge. ./Mr_Gethin_Hughes_Bridge_Professional_conduct_panel_meeting_outcome.pdf:The large volume of emails, some sent very late at night and the sexual motivation were ./Mr_Gethin_Hughes_Bridge_Professional_conduct_panel_meeting_outcome.pdf-significant factors in forming that opinion. Accordingly, the panel makes a ./Mr_Gethin_Hughes_Bridge_Professional_conduct_panel_meeting_outcome.pdf-recommendation to the Secretary of State that a prohibition order should be imposed with ./Mr_Gethin_Hughes_Bridge_Professional_conduct_panel_meeting_outcome.pdf-immediate effect. ./Mr_Gethin_Hughes_Bridge_Professional_conduct_panel_meeting_outcome.pdf- ./Mr_Gethin_Hughes_Bridge_Professional_conduct_panel_meeting_outcome.pdf-The panel went on to consider whether or not it would be appropriate to recommend that ./Mr_Gethin_Hughes_Bridge_Professional_conduct_panel_meeting_outcome.pdf-a review period of the order should be considered. The panel was mindful that a ./Mr_Gethin_Hughes_Bridge_Professional_conduct_panel_meeting_outcome.pdf-prohibition order applies for life, but there may be circumstances in any given case that ./Mr_Gethin_Hughes_Bridge_Professional_conduct_panel_meeting_outcome.pdf-may make it appropriate to allow a teacher to apply to have the prohibition order ./Mr_Gethin_Hughes_Bridge_Professional_conduct_panel_meeting_outcome.pdf-reviewed after a specified period of time that may not be less than two years. ./Mr_Gethin_Hughes_Bridge_Professional_conduct_panel_meeting_outcome.pdf- ./Mr_Gethin_Hughes_Bridge_Professional_conduct_panel_meeting_outcome.pdf-The Advice indicates that there are behaviours that, if proven, would militate against a ./Mr_Gethin_Hughes_Bridge_Professional_conduct_panel_meeting_outcome.pdf:review period being recommended. These behaviours include serious sexual ./Mr_Gethin_Hughes_Bridge_Professional_conduct_panel_meeting_outcome.pdf:misconduct, e.g. where the act was sexually motivated and resulted in or had the ./Mr_Gethin_Hughes_Bridge_Professional_conduct_panel_meeting_outcome.pdf-potential to result in, harm to a person or persons, particularly where the individual has ./Mr_Gethin_Hughes_Bridge_Professional_conduct_panel_meeting_outcome.pdf-used their professional position to influence or exploit a person or persons. ./Mr_Gethin_Hughes_Bridge_Professional_conduct_panel_meeting_outcome.pdf- ./Mr_Gethin_Hughes_Bridge_Professional_conduct_panel_meeting_outcome.pdf- ./Mr_Gethin_Hughes_Bridge_Professional_conduct_panel_meeting_outcome.pdf- 11 ./Mr_Gethin_Hughes_Bridge_Professional_conduct_panel_meeting_outcome.pdf- -- ./Mr_Gethin_Hughes_Bridge_Professional_conduct_panel_meeting_outcome.pdf- o treating pupils with dignity, building relationships rooted in mutual respect, and ./Mr_Gethin_Hughes_Bridge_Professional_conduct_panel_meeting_outcome.pdf- at all times observing proper boundaries appropriate to a teacher’s ./Mr_Gethin_Hughes_Bridge_Professional_conduct_panel_meeting_outcome.pdf- professional position; ./Mr_Gethin_Hughes_Bridge_Professional_conduct_panel_meeting_outcome.pdf- o having regard for the need to safeguard pupils’ well-being, in accordance with ./Mr_Gethin_Hughes_Bridge_Professional_conduct_panel_meeting_outcome.pdf- statutory provisions; ./Mr_Gethin_Hughes_Bridge_Professional_conduct_panel_meeting_outcome.pdf-  Teachers must have an understanding of, and always act within, the statutory ./Mr_Gethin_Hughes_Bridge_Professional_conduct_panel_meeting_outcome.pdf- frameworks which set out their professional duties and responsibilities. ./Mr_Gethin_Hughes_Bridge_Professional_conduct_panel_meeting_outcome.pdf- ./Mr_Gethin_Hughes_Bridge_Professional_conduct_panel_meeting_outcome.pdf- ./Mr_Gethin_Hughes_Bridge_Professional_conduct_panel_meeting_outcome.pdf- ./Mr_Gethin_Hughes_Bridge_Professional_conduct_panel_meeting_outcome.pdf:The findings of misconduct are particularly serious as they include a finding of sexual ./Mr_Gethin_Hughes_Bridge_Professional_conduct_panel_meeting_outcome.pdf-misconduct. ./Mr_Gethin_Hughes_Bridge_Professional_conduct_panel_meeting_outcome.pdf- ./Mr_Gethin_Hughes_Bridge_Professional_conduct_panel_meeting_outcome.pdf-I have to determine whether the imposition of a prohibition order is proportionate and in ./Mr_Gethin_Hughes_Bridge_Professional_conduct_panel_meeting_outcome.pdf-the public interest. In considering that for this case, I have considered the overall aim of a ./Mr_Gethin_Hughes_Bridge_Professional_conduct_panel_meeting_outcome.pdf-prohibition order which is to protect pupils and to maintain public confidence in the ./Mr_Gethin_Hughes_Bridge_Professional_conduct_panel_meeting_outcome.pdf-profession. I have considered the extent to which a prohibition order in this case would ./Mr_Gethin_Hughes_Bridge_Professional_conduct_panel_meeting_outcome.pdf-achieve that aim taking into account the impact that it will have on the individual teacher. ./Mr_Gethin_Hughes_Bridge_Professional_conduct_panel_meeting_outcome.pdf-I have also asked myself, whether a less intrusive measure, such as the published ./Mr_Gethin_Hughes_Bridge_Professional_conduct_panel_meeting_outcome.pdf-finding of unacceptable professional conduct and conduct that may bring the profession ./Mr_Gethin_Hughes_Bridge_Professional_conduct_panel_meeting_outcome.pdf-into disrepute, would itself be sufficient to achieve the overall aim. I have to consider -- ./Mr_Gethin_Hughes_Bridge_Professional_conduct_panel_meeting_outcome.pdf-whether the consequences of such a publication are themselves sufficient. I have ./Mr_Gethin_Hughes_Bridge_Professional_conduct_panel_meeting_outcome.pdf-considered therefore whether or not prohibiting Mr Bridge, and the impact that will have ./Mr_Gethin_Hughes_Bridge_Professional_conduct_panel_meeting_outcome.pdf-on him, is proportionate and in the public interest. ./Mr_Gethin_Hughes_Bridge_Professional_conduct_panel_meeting_outcome.pdf- ./Mr_Gethin_Hughes_Bridge_Professional_conduct_panel_meeting_outcome.pdf-In this case, I have considered the extent to which a prohibition order would protect ./Mr_Gethin_Hughes_Bridge_Professional_conduct_panel_meeting_outcome.pdf-children. The panel has observed, “Mr Bridge has admitted that his conduct in allegations ./Mr_Gethin_Hughes_Bridge_Professional_conduct_panel_meeting_outcome.pdf:1 and 2 amounted to conduct of a sexual nature and/or was conduct which was sexually ./Mr_Gethin_Hughes_Bridge_Professional_conduct_panel_meeting_outcome.pdf-motivated.” A prohibition order would therefore reduce the risk of Mr Bridge from ./Mr_Gethin_Hughes_Bridge_Professional_conduct_panel_meeting_outcome.pdf-communicating with pupils in such a way from being present in the future. I have also ./Mr_Gethin_Hughes_Bridge_Professional_conduct_panel_meeting_outcome.pdf-taken into account the panel’s comments on insight and remorse, which the panel sets ./Mr_Gethin_Hughes_Bridge_Professional_conduct_panel_meeting_outcome.pdf-out as follows, “ the panel noted that Mr Bridge has indicated remorse for his actions. Mr ./Mr_Gethin_Hughes_Bridge_Professional_conduct_panel_meeting_outcome.pdf-Bridge has stated: 'I still do not fully understand why I behaved in the way that I did…' ./Mr_Gethin_Hughes_Bridge_Professional_conduct_panel_meeting_outcome.pdf-The panel has taken this to suggest limited insight into his behaviour.” ./Mr_Gethin_Hughes_Bridge_Professional_conduct_panel_meeting_outcome.pdf- ./Mr_Gethin_Hughes_Bridge_Professional_conduct_panel_meeting_outcome.pdf-In my judgement, the lack of full insight means that there is some risk of the repetition of ./Mr_Gethin_Hughes_Bridge_Professional_conduct_panel_meeting_outcome.pdf-this behaviour and this puts at risk the future well-being of pupils. I have therefore given ./Mr_Gethin_Hughes_Bridge_Professional_conduct_panel_meeting_outcome.pdf-this element considerable weight in reaching my decision. ./Mr_Gethin_Hughes_Bridge_Professional_conduct_panel_meeting_outcome.pdf- ./Mr_Gethin_Hughes_Bridge_Professional_conduct_panel_meeting_outcome.pdf-I have gone on to consider the extent to which a prohibition order would maintain public ./Mr_Gethin_Hughes_Bridge_Professional_conduct_panel_meeting_outcome.pdf-confidence in the profession. The panel observe that it, “has taken account of the ./Mr_Gethin_Hughes_Bridge_Professional_conduct_panel_meeting_outcome.pdf-uniquely influential role that teachers can hold in pupils’ lives and that pupils must be able ./Mr_Gethin_Hughes_Bridge_Professional_conduct_panel_meeting_outcome.pdf-to view teachers as role models in the way they behave.” ./Mr_Gethin_Hughes_Bridge_Professional_conduct_panel_meeting_outcome.pdf- ./Mr_Gethin_Hughes_Bridge_Professional_conduct_panel_meeting_outcome.pdf:I am particularly mindful of the finding of sexual misconduct in this case and the impact ./Mr_Gethin_Hughes_Bridge_Professional_conduct_panel_meeting_outcome.pdf-that such a finding has on the reputation of the profession. ./Mr_Gethin_Hughes_Bridge_Professional_conduct_panel_meeting_outcome.pdf- ./Mr_Gethin_Hughes_Bridge_Professional_conduct_panel_meeting_outcome.pdf-I have had to consider that the public has a high expectation of professional standards of ./Mr_Gethin_Hughes_Bridge_Professional_conduct_panel_meeting_outcome.pdf-all teachers and that the public might regard a failure to impose a prohibition order as a ./Mr_Gethin_Hughes_Bridge_Professional_conduct_panel_meeting_outcome.pdf-failure to uphold those high standards. In weighing these considerations, I have had to ./Mr_Gethin_Hughes_Bridge_Professional_conduct_panel_meeting_outcome.pdf-consider the matter from the point of view of an “ordinary intelligent and well-informed ./Mr_Gethin_Hughes_Bridge_Professional_conduct_panel_meeting_outcome.pdf-citizen.” ./Mr_Gethin_Hughes_Bridge_Professional_conduct_panel_meeting_outcome.pdf- ./Mr_Gethin_Hughes_Bridge_Professional_conduct_panel_meeting_outcome.pdf-I have considered whether the publication of a finding of unacceptable professional ./Mr_Gethin_Hughes_Bridge_Professional_conduct_panel_meeting_outcome.pdf-conduct, in the absence of a prohibition order, can itself be regarded by such a person as -- ./Mr_Gethin_Hughes_Bridge_Professional_conduct_panel_meeting_outcome.pdf-In this case, I have placed considerable weight on the panel’s comments concerning the ./Mr_Gethin_Hughes_Bridge_Professional_conduct_panel_meeting_outcome.pdf-seriousness of the behaviour, “The large volume of emails, some sent very late at night ./Mr_Gethin_Hughes_Bridge_Professional_conduct_panel_meeting_outcome.pdf:and the sexual motivation were significant factors in forming that opinion.” ./Mr_Gethin_Hughes_Bridge_Professional_conduct_panel_meeting_outcome.pdf- ./Mr_Gethin_Hughes_Bridge_Professional_conduct_panel_meeting_outcome.pdf-I have given less weight in my consideration of sanction therefore, to the contribution that ./Mr_Gethin_Hughes_Bridge_Professional_conduct_panel_meeting_outcome.pdf-Mr Bridge has made to the profession. In my view, it is necessary to impose a prohibition ./Mr_Gethin_Hughes_Bridge_Professional_conduct_panel_meeting_outcome.pdf-order in order to maintain public confidence in the profession. A published decision that is ./Mr_Gethin_Hughes_Bridge_Professional_conduct_panel_meeting_outcome.pdf-not backed up by full insight, does not in my view satisfy the public interest requirement ./Mr_Gethin_Hughes_Bridge_Professional_conduct_panel_meeting_outcome.pdf-concerning public confidence in the profession. ./Mr_Gethin_Hughes_Bridge_Professional_conduct_panel_meeting_outcome.pdf- ./Mr_Gethin_Hughes_Bridge_Professional_conduct_panel_meeting_outcome.pdf-For these reasons, I have concluded that a prohibition order is proportionate and in the ./Mr_Gethin_Hughes_Bridge_Professional_conduct_panel_meeting_outcome.pdf-public interest in order to achieve the intended aims of a prohibition order. ./Mr_Gethin_Hughes_Bridge_Professional_conduct_panel_meeting_outcome.pdf- ./Mr_Gethin_Hughes_Bridge_Professional_conduct_panel_meeting_outcome.pdf-I have gone on to consider the matter of a review period. In this case, the panel has ./Mr_Gethin_Hughes_Bridge_Professional_conduct_panel_meeting_outcome.pdf-recommended that no provision should be made for a review period. ./Mr_Gethin_Hughes_Bridge_Professional_conduct_panel_meeting_outcome.pdf- ./Mr_Gethin_Hughes_Bridge_Professional_conduct_panel_meeting_outcome.pdf-I have considered the panel’s comments “ there are behaviours that, if proven, would ./Mr_Gethin_Hughes_Bridge_Professional_conduct_panel_meeting_outcome.pdf-militate against a review period being recommended. These behaviours include serious ./Mr_Gethin_Hughes_Bridge_Professional_conduct_panel_meeting_outcome.pdf:sexual misconduct, e.g. where the act was sexually motivated and resulted in or had the ./Mr_Gethin_Hughes_Bridge_Professional_conduct_panel_meeting_outcome.pdf-potential to result in, harm to a person or persons, particularly where the individual has ./Mr_Gethin_Hughes_Bridge_Professional_conduct_panel_meeting_outcome.pdf-used their professional position to influence or exploit a person or persons.” ./Mr_Gethin_Hughes_Bridge_Professional_conduct_panel_meeting_outcome.pdf- ./Mr_Gethin_Hughes_Bridge_Professional_conduct_panel_meeting_outcome.pdf-I have considered whether allowing for no review period reflects the seriousness of the ./Mr_Gethin_Hughes_Bridge_Professional_conduct_panel_meeting_outcome.pdf-findings and is proportionate to achieve the aim of maintaining public confidence in the ./Mr_Gethin_Hughes_Bridge_Professional_conduct_panel_meeting_outcome.pdf-profession. In this case, three factors mean that allowing for no review is proportionate. ./Mr_Gethin_Hughes_Bridge_Professional_conduct_panel_meeting_outcome.pdf:These elements are the sexual misconduct found,the lack of full insight and the large ./Mr_Gethin_Hughes_Bridge_Professional_conduct_panel_meeting_outcome.pdf-volume of e-mails sent late at night. ./Mr_Gethin_Hughes_Bridge_Professional_conduct_panel_meeting_outcome.pdf- ./Mr_Gethin_Hughes_Bridge_Professional_conduct_panel_meeting_outcome.pdf-I consider therefore that allowing for no review period is necessary to maintain public ./Mr_Gethin_Hughes_Bridge_Professional_conduct_panel_meeting_outcome.pdf-confidence and is proportionate and in the public interest. ./Mr_Gethin_Hughes_Bridge_Professional_conduct_panel_meeting_outcome.pdf- ./Mr_Gethin_Hughes_Bridge_Professional_conduct_panel_meeting_outcome.pdf-This means that Mr Gethin Hughes Bridge is prohibited from teaching indefinitely ./Mr_Gethin_Hughes_Bridge_Professional_conduct_panel_meeting_outcome.pdf-and cannot teach in any school, sixth form college, relevant youth accommodation ./Mr_Gethin_Hughes_Bridge_Professional_conduct_panel_meeting_outcome.pdf-or children’s home in England. Furthermore, in view of the seriousness of the ./Mr_Gethin_Hughes_Bridge_Professional_conduct_panel_meeting_outcome.pdf-allegations found proved against him, I have decided that Mr Gethin Hughes Bridge shall ./Mr_Gethin_Hughes_Bridge_Professional_conduct_panel_meeting_outcome.pdf-not be entitled to apply for restoration of his eligibility to teach. ./Mr_Grant_Andrew_Foyle__14441_-_Secretary_of_State_Decision__Unrestricted__for_WEB.pdf- ./Mr_Grant_Andrew_Foyle__14441_-_Secretary_of_State_Decision__Unrestricted__for_WEB.pdf-It was alleged that Mr Grant Foyle was guilty of unacceptable professional conduct ./Mr_Grant_Andrew_Foyle__14441_-_Secretary_of_State_Decision__Unrestricted__for_WEB.pdf-and/or conduct that may bring the profession into disrepute in that: ./Mr_Grant_Andrew_Foyle__14441_-_Secretary_of_State_Decision__Unrestricted__for_WEB.pdf-Whilst employed at Brighton Hill Community School he: ./Mr_Grant_Andrew_Foyle__14441_-_Secretary_of_State_Decision__Unrestricted__for_WEB.pdf- ./Mr_Grant_Andrew_Foyle__14441_-_Secretary_of_State_Decision__Unrestricted__for_WEB.pdf- 1. During the academic year 2014/2015 engaged in an inappropriate relationship ./Mr_Grant_Andrew_Foyle__14441_-_Secretary_of_State_Decision__Unrestricted__for_WEB.pdf- with Pupil A in that you: ./Mr_Grant_Andrew_Foyle__14441_-_Secretary_of_State_Decision__Unrestricted__for_WEB.pdf- ./Mr_Grant_Andrew_Foyle__14441_-_Secretary_of_State_Decision__Unrestricted__for_WEB.pdf- a. Sent inappropriate messages via text and/or WhatsApp to Pupil A including: ./Mr_Grant_Andrew_Foyle__14441_-_Secretary_of_State_Decision__Unrestricted__for_WEB.pdf- ./Mr_Grant_Andrew_Foyle__14441_-_Secretary_of_State_Decision__Unrestricted__for_WEB.pdf: i. messages of a sexual nature; ./Mr_Grant_Andrew_Foyle__14441_-_Secretary_of_State_Decision__Unrestricted__for_WEB.pdf- ii. messages containing personal information; ./Mr_Grant_Andrew_Foyle__14441_-_Secretary_of_State_Decision__Unrestricted__for_WEB.pdf- iii. messages referring to Pupil A as his ‘son’; ./Mr_Grant_Andrew_Foyle__14441_-_Secretary_of_State_Decision__Unrestricted__for_WEB.pdf- ./Mr_Grant_Andrew_Foyle__14441_-_Secretary_of_State_Decision__Unrestricted__for_WEB.pdf- b. Sent inappropriate photographs via WhatsApp to Pupil A including ./Mr_Grant_Andrew_Foyle__14441_-_Secretary_of_State_Decision__Unrestricted__for_WEB.pdf: photographs of a sexual nature; ./Mr_Grant_Andrew_Foyle__14441_-_Secretary_of_State_Decision__Unrestricted__for_WEB.pdf- ./Mr_Grant_Andrew_Foyle__14441_-_Secretary_of_State_Decision__Unrestricted__for_WEB.pdf- c. Attempted to arrange meeting(s) with Pupil A outside of School on one or ./Mr_Grant_Andrew_Foyle__14441_-_Secretary_of_State_Decision__Unrestricted__for_WEB.pdf- more occasions. ./Mr_Grant_Andrew_Foyle__14441_-_Secretary_of_State_Decision__Unrestricted__for_WEB.pdf- ./Mr_Grant_Andrew_Foyle__14441_-_Secretary_of_State_Decision__Unrestricted__for_WEB.pdf- 2. His conduct in regard to allegation 1(a) – (c), as may be found proven, was ./Mr_Grant_Andrew_Foyle__14441_-_Secretary_of_State_Decision__Unrestricted__for_WEB.pdf: sexually motivated. ./Mr_Grant_Andrew_Foyle__14441_-_Secretary_of_State_Decision__Unrestricted__for_WEB.pdf- ./Mr_Grant_Andrew_Foyle__14441_-_Secretary_of_State_Decision__Unrestricted__for_WEB.pdf- ./Mr_Grant_Andrew_Foyle__14441_-_Secretary_of_State_Decision__Unrestricted__for_WEB.pdf-In the absence of a response from Mr Foyle, the panel considered his response to the ./Mr_Grant_Andrew_Foyle__14441_-_Secretary_of_State_Decision__Unrestricted__for_WEB.pdf-Notice of Referral form to be his most recent position on the allegations and have ./Mr_Grant_Andrew_Foyle__14441_-_Secretary_of_State_Decision__Unrestricted__for_WEB.pdf-therefore taken the allegations to not be admitted. ./Mr_Grant_Andrew_Foyle__14441_-_Secretary_of_State_Decision__Unrestricted__for_WEB.pdf- ./Mr_Grant_Andrew_Foyle__14441_-_Secretary_of_State_Decision__Unrestricted__for_WEB.pdf- ./Mr_Grant_Andrew_Foyle__14441_-_Secretary_of_State_Decision__Unrestricted__for_WEB.pdf-C. Preliminary applications ./Mr_Grant_Andrew_Foyle__14441_-_Secretary_of_State_Decision__Unrestricted__for_WEB.pdf-The panel considered an application from Ms Brooks to proceed in the absence of Mr ./Mr_Grant_Andrew_Foyle__14441_-_Secretary_of_State_Decision__Unrestricted__for_WEB.pdf-Foyle. -- ./Mr_Grant_Andrew_Foyle__14441_-_Secretary_of_State_Decision__Unrestricted__for_WEB.pdf- ./Mr_Grant_Andrew_Foyle__14441_-_Secretary_of_State_Decision__Unrestricted__for_WEB.pdf-We confirm that we have read all the documents provided in the bundle in advance of the ./Mr_Grant_Andrew_Foyle__14441_-_Secretary_of_State_Decision__Unrestricted__for_WEB.pdf-hearing. ./Mr_Grant_Andrew_Foyle__14441_-_Secretary_of_State_Decision__Unrestricted__for_WEB.pdf- ./Mr_Grant_Andrew_Foyle__14441_-_Secretary_of_State_Decision__Unrestricted__for_WEB.pdf-Mr Foyle had been employed at Brighton Hill Community School (the “School) since April ./Mr_Grant_Andrew_Foyle__14441_-_Secretary_of_State_Decision__Unrestricted__for_WEB.pdf-2013 as a drama teacher. In July 2015, Pupil A's mother became concerned about a ./Mr_Grant_Andrew_Foyle__14441_-_Secretary_of_State_Decision__Unrestricted__for_WEB.pdf-change in her son's mood and because he was behaving suspiciously. She was so ./Mr_Grant_Andrew_Foyle__14441_-_Secretary_of_State_Decision__Unrestricted__for_WEB.pdf-concerned that she looked at Pupil A's phone and found a number of WhatsApp ./Mr_Grant_Andrew_Foyle__14441_-_Secretary_of_State_Decision__Unrestricted__for_WEB.pdf-messages between her son and Mr Foyle. She continued to monitor her son's phone ./Mr_Grant_Andrew_Foyle__14441_-_Secretary_of_State_Decision__Unrestricted__for_WEB.pdf-over the next few days and subsequently raised her concerns with the school in respect ./Mr_Grant_Andrew_Foyle__14441_-_Secretary_of_State_Decision__Unrestricted__for_WEB.pdf:of contact being made by Mr Foyle that appeared to be of a sexual nature. ./Mr_Grant_Andrew_Foyle__14441_-_Secretary_of_State_Decision__Unrestricted__for_WEB.pdf- ./Mr_Grant_Andrew_Foyle__14441_-_Secretary_of_State_Decision__Unrestricted__for_WEB.pdf- 5 ./Mr_Grant_Andrew_Foyle__14441_-_Secretary_of_State_Decision__Unrestricted__for_WEB.pdf- -- ./Mr_Grant_Andrew_Foyle__14441_-_Secretary_of_State_Decision__Unrestricted__for_WEB.pdf- ./Mr_Grant_Andrew_Foyle__14441_-_Secretary_of_State_Decision__Unrestricted__for_WEB.pdf-We have found the following particulars of the allegations against you proven, for these ./Mr_Grant_Andrew_Foyle__14441_-_Secretary_of_State_Decision__Unrestricted__for_WEB.pdf-reasons: ./Mr_Grant_Andrew_Foyle__14441_-_Secretary_of_State_Decision__Unrestricted__for_WEB.pdf- ./Mr_Grant_Andrew_Foyle__14441_-_Secretary_of_State_Decision__Unrestricted__for_WEB.pdf- 1. During the academic year 2014/2015 you engaged in an inappropriate ./Mr_Grant_Andrew_Foyle__14441_-_Secretary_of_State_Decision__Unrestricted__for_WEB.pdf- relationship with Pupil A in that you: ./Mr_Grant_Andrew_Foyle__14441_-_Secretary_of_State_Decision__Unrestricted__for_WEB.pdf- ./Mr_Grant_Andrew_Foyle__14441_-_Secretary_of_State_Decision__Unrestricted__for_WEB.pdf- a. Sent inappropriate messages via text and/or WhatsApp to Pupil A ./Mr_Grant_Andrew_Foyle__14441_-_Secretary_of_State_Decision__Unrestricted__for_WEB.pdf- including: ./Mr_Grant_Andrew_Foyle__14441_-_Secretary_of_State_Decision__Unrestricted__for_WEB.pdf- ./Mr_Grant_Andrew_Foyle__14441_-_Secretary_of_State_Decision__Unrestricted__for_WEB.pdf: i. messages of a sexual nature; ./Mr_Grant_Andrew_Foyle__14441_-_Secretary_of_State_Decision__Unrestricted__for_WEB.pdf- ./Mr_Grant_Andrew_Foyle__14441_-_Secretary_of_State_Decision__Unrestricted__for_WEB.pdf- ./Mr_Grant_Andrew_Foyle__14441_-_Secretary_of_State_Decision__Unrestricted__for_WEB.pdf- ./Mr_Grant_Andrew_Foyle__14441_-_Secretary_of_State_Decision__Unrestricted__for_WEB.pdf- ./Mr_Grant_Andrew_Foyle__14441_-_Secretary_of_State_Decision__Unrestricted__for_WEB.pdf- 6 ./Mr_Grant_Andrew_Foyle__14441_-_Secretary_of_State_Decision__Unrestricted__for_WEB.pdf- -- ./Mr_Grant_Andrew_Foyle__14441_-_Secretary_of_State_Decision__Unrestricted__for_WEB.pdf-We reviewed the WhatsApp conversation between Mr Foyle and Pupil A in detail and in ./Mr_Grant_Andrew_Foyle__14441_-_Secretary_of_State_Decision__Unrestricted__for_WEB.pdf-particular had reference to the following comments or areas of comment made by Mr ./Mr_Grant_Andrew_Foyle__14441_-_Secretary_of_State_Decision__Unrestricted__for_WEB.pdf-Foyle to Pupil A: ./Mr_Grant_Andrew_Foyle__14441_-_Secretary_of_State_Decision__Unrestricted__for_WEB.pdf- ./Mr_Grant_Andrew_Foyle__14441_-_Secretary_of_State_Decision__Unrestricted__for_WEB.pdf:a) there were clear references to Mr Foyle's sexuality and questions regarding Pupil A's ./Mr_Grant_Andrew_Foyle__14441_-_Secretary_of_State_Decision__Unrestricted__for_WEB.pdf:sexuality and possible experimentation in this area; ./Mr_Grant_Andrew_Foyle__14441_-_Secretary_of_State_Decision__Unrestricted__for_WEB.pdf- ./Mr_Grant_Andrew_Foyle__14441_-_Secretary_of_State_Decision__Unrestricted__for_WEB.pdf-b) mention was made of a potential 'threesome' with Mr Foyle, Pupil A and another ./Mr_Grant_Andrew_Foyle__14441_-_Secretary_of_State_Decision__Unrestricted__for_WEB.pdf-person including reference by Mr Foyle to Pupil A's seeing him naked; ./Mr_Grant_Andrew_Foyle__14441_-_Secretary_of_State_Decision__Unrestricted__for_WEB.pdf- ./Mr_Grant_Andrew_Foyle__14441_-_Secretary_of_State_Decision__Unrestricted__for_WEB.pdf-c) comments regarding Mr Foyle's 'getting action'. ./Mr_Grant_Andrew_Foyle__14441_-_Secretary_of_State_Decision__Unrestricted__for_WEB.pdf- ./Mr_Grant_Andrew_Foyle__14441_-_Secretary_of_State_Decision__Unrestricted__for_WEB.pdf-To a lesser extent, we found the summary of Pupil A's record of interview with the police ./Mr_Grant_Andrew_Foyle__14441_-_Secretary_of_State_Decision__Unrestricted__for_WEB.pdf:of some assistance. Pupil A had stated that messages of a sexual nature were ./Mr_Grant_Andrew_Foyle__14441_-_Secretary_of_State_Decision__Unrestricted__for_WEB.pdf-exchanged. However, in the absence of any other evidence from Pupil A, we placed less ./Mr_Grant_Andrew_Foyle__14441_-_Secretary_of_State_Decision__Unrestricted__for_WEB.pdf-evidential weight on this material and considered it corroborative of the type of messages ./Mr_Grant_Andrew_Foyle__14441_-_Secretary_of_State_Decision__Unrestricted__for_WEB.pdf-evidenced by the WhatsApp extracts. ./Mr_Grant_Andrew_Foyle__14441_-_Secretary_of_State_Decision__Unrestricted__for_WEB.pdf- ./Mr_Grant_Andrew_Foyle__14441_-_Secretary_of_State_Decision__Unrestricted__for_WEB.pdf-We noted that Mr Foyle's position on the content of the messages was inconsistent. He ./Mr_Grant_Andrew_Foyle__14441_-_Secretary_of_State_Decision__Unrestricted__for_WEB.pdf:both denied that any messages were of a sexual nature and also gave an explanation ./Mr_Grant_Andrew_Foyle__14441_-_Secretary_of_State_Decision__Unrestricted__for_WEB.pdf-that the subject matter was prompted by Pupil A's questions regarding his relationship ./Mr_Grant_Andrew_Foyle__14441_-_Secretary_of_State_Decision__Unrestricted__for_WEB.pdf-with his girlfriend. However, we found both his explanations implausible in light of the ./Mr_Grant_Andrew_Foyle__14441_-_Secretary_of_State_Decision__Unrestricted__for_WEB.pdf-evidence which clearly showed Mr Foyle's persistent instigation of conversations of this ./Mr_Grant_Andrew_Foyle__14441_-_Secretary_of_State_Decision__Unrestricted__for_WEB.pdf-nature. ./Mr_Grant_Andrew_Foyle__14441_-_Secretary_of_State_Decision__Unrestricted__for_WEB.pdf- ./Mr_Grant_Andrew_Foyle__14441_-_Secretary_of_State_Decision__Unrestricted__for_WEB.pdf-Whilst we accept there could be instances when a teacher and pupil can properly ./Mr_Grant_Andrew_Foyle__14441_-_Secretary_of_State_Decision__Unrestricted__for_WEB.pdf-exchange messages, this was clearly not the case on this occasion and we found this ./Mr_Grant_Andrew_Foyle__14441_-_Secretary_of_State_Decision__Unrestricted__for_WEB.pdf-allegation proved in relation to the WhatsApp messages. ./Mr_Grant_Andrew_Foyle__14441_-_Secretary_of_State_Decision__Unrestricted__for_WEB.pdf- ./Mr_Grant_Andrew_Foyle__14441_-_Secretary_of_State_Decision__Unrestricted__for_WEB.pdf-We noted the evidence of four text messages from Mr Foyle to Pupil A as shown in the ./Mr_Grant_Andrew_Foyle__14441_-_Secretary_of_State_Decision__Unrestricted__for_WEB.pdf-itemised Vodafone invoice. Whilst we accepted there can be legitimate reasons for text ./Mr_Grant_Andrew_Foyle__14441_-_Secretary_of_State_Decision__Unrestricted__for_WEB.pdf-messages to be exchanged between a teacher and pupil and we did not see any ./Mr_Grant_Andrew_Foyle__14441_-_Secretary_of_State_Decision__Unrestricted__for_WEB.pdf:evidence that they were of a sexual nature, we found these to be inappropriate ./Mr_Grant_Andrew_Foyle__14441_-_Secretary_of_State_Decision__Unrestricted__for_WEB.pdf-considering they were sent at night and, on one occasion, at a weekend. ./Mr_Grant_Andrew_Foyle__14441_-_Secretary_of_State_Decision__Unrestricted__for_WEB.pdf- ./Mr_Grant_Andrew_Foyle__14441_-_Secretary_of_State_Decision__Unrestricted__for_WEB.pdf- ii. messages containing personal information; ./Mr_Grant_Andrew_Foyle__14441_-_Secretary_of_State_Decision__Unrestricted__for_WEB.pdf- ./Mr_Grant_Andrew_Foyle__14441_-_Secretary_of_State_Decision__Unrestricted__for_WEB.pdf-[redacted] ./Mr_Grant_Andrew_Foyle__14441_-_Secretary_of_State_Decision__Unrestricted__for_WEB.pdf- ./Mr_Grant_Andrew_Foyle__14441_-_Secretary_of_State_Decision__Unrestricted__for_WEB.pdf- ./Mr_Grant_Andrew_Foyle__14441_-_Secretary_of_State_Decision__Unrestricted__for_WEB.pdf- iii. messages referring to Pupil A as your ‘son’; ./Mr_Grant_Andrew_Foyle__14441_-_Secretary_of_State_Decision__Unrestricted__for_WEB.pdf- ./Mr_Grant_Andrew_Foyle__14441_-_Secretary_of_State_Decision__Unrestricted__for_WEB.pdf-We again made specific reference to the WhatsApp messages that were before us in -- ./Mr_Grant_Andrew_Foyle__14441_-_Secretary_of_State_Decision__Unrestricted__for_WEB.pdf-always retain appropriate boundaries. Further, we noted that on each occasion related to ./Mr_Grant_Andrew_Foyle__14441_-_Secretary_of_State_Decision__Unrestricted__for_WEB.pdf-this allegation, it was Mr Foyle who instigated the messages that referenced Pupil A as ./Mr_Grant_Andrew_Foyle__14441_-_Secretary_of_State_Decision__Unrestricted__for_WEB.pdf-his 'son', including messages that asked Pupil A what family member he thought of Mr ./Mr_Grant_Andrew_Foyle__14441_-_Secretary_of_State_Decision__Unrestricted__for_WEB.pdf-Foyle as being. ./Mr_Grant_Andrew_Foyle__14441_-_Secretary_of_State_Decision__Unrestricted__for_WEB.pdf- ./Mr_Grant_Andrew_Foyle__14441_-_Secretary_of_State_Decision__Unrestricted__for_WEB.pdf-There was no effort by Mr Foyle to distance himself from these messages. ./Mr_Grant_Andrew_Foyle__14441_-_Secretary_of_State_Decision__Unrestricted__for_WEB.pdf- ./Mr_Grant_Andrew_Foyle__14441_-_Secretary_of_State_Decision__Unrestricted__for_WEB.pdf- ./Mr_Grant_Andrew_Foyle__14441_-_Secretary_of_State_Decision__Unrestricted__for_WEB.pdf- ./Mr_Grant_Andrew_Foyle__14441_-_Secretary_of_State_Decision__Unrestricted__for_WEB.pdf- b. Sent inappropriate photographs via WhatsApp to Pupil A including ./Mr_Grant_Andrew_Foyle__14441_-_Secretary_of_State_Decision__Unrestricted__for_WEB.pdf: photographs of a sexual nature; ./Mr_Grant_Andrew_Foyle__14441_-_Secretary_of_State_Decision__Unrestricted__for_WEB.pdf- ./Mr_Grant_Andrew_Foyle__14441_-_Secretary_of_State_Decision__Unrestricted__for_WEB.pdf- ./Mr_Grant_Andrew_Foyle__14441_-_Secretary_of_State_Decision__Unrestricted__for_WEB.pdf-Within the evidence, we considered a number of photographs and the summary of the ./Mr_Grant_Andrew_Foyle__14441_-_Secretary_of_State_Decision__Unrestricted__for_WEB.pdf-police interview with Pupil A that took place on 27 July 2015. Whilst the actual questions ./Mr_Grant_Andrew_Foyle__14441_-_Secretary_of_State_Decision__Unrestricted__for_WEB.pdf-asked of Pupil A are not provided, we noted that this interview took place at an early ./Mr_Grant_Andrew_Foyle__14441_-_Secretary_of_State_Decision__Unrestricted__for_WEB.pdf-stage of proceedings and Pupil A volunteered information including that a photo of an ./Mr_Grant_Andrew_Foyle__14441_-_Secretary_of_State_Decision__Unrestricted__for_WEB.pdf-open condom wrapper had been sent to him by Mr Foyle along with a comment with ./Mr_Grant_Andrew_Foyle__14441_-_Secretary_of_State_Decision__Unrestricted__for_WEB.pdf-reference to the wrapper. ./Mr_Grant_Andrew_Foyle__14441_-_Secretary_of_State_Decision__Unrestricted__for_WEB.pdf- ./Mr_Grant_Andrew_Foyle__14441_-_Secretary_of_State_Decision__Unrestricted__for_WEB.pdf-Whilst a photo of this open condom wrapper was not in evidence, during the school's -- ./Mr_Grant_Andrew_Foyle__14441_-_Secretary_of_State_Decision__Unrestricted__for_WEB.pdf-been sent to friends who were part of a WhatsApp group and therefore if Pupil A had ./Mr_Grant_Andrew_Foyle__14441_-_Secretary_of_State_Decision__Unrestricted__for_WEB.pdf-been sent the photo, this could only have happened in error. ./Mr_Grant_Andrew_Foyle__14441_-_Secretary_of_State_Decision__Unrestricted__for_WEB.pdf- ./Mr_Grant_Andrew_Foyle__14441_-_Secretary_of_State_Decision__Unrestricted__for_WEB.pdf-On the basis that Pupil A volunteered this specific information when it would be expected ./Mr_Grant_Andrew_Foyle__14441_-_Secretary_of_State_Decision__Unrestricted__for_WEB.pdf-his phone be checked for photos, and that Mr Foyle admitted taking and sending such a ./Mr_Grant_Andrew_Foyle__14441_-_Secretary_of_State_Decision__Unrestricted__for_WEB.pdf-photo to other contacts on WhatsApp, on balance we found that this photo was sent to ./Mr_Grant_Andrew_Foyle__14441_-_Secretary_of_State_Decision__Unrestricted__for_WEB.pdf-Pupil A. ./Mr_Grant_Andrew_Foyle__14441_-_Secretary_of_State_Decision__Unrestricted__for_WEB.pdf- ./Mr_Grant_Andrew_Foyle__14441_-_Secretary_of_State_Decision__Unrestricted__for_WEB.pdf-We also considered a number of photographs from Pupil A's phone that appeared to be ./Mr_Grant_Andrew_Foyle__14441_-_Secretary_of_State_Decision__Unrestricted__for_WEB.pdf-of Mr Foyle's head. We noted that Mr Foyle accepted sending photographs of himself to ./Mr_Grant_Andrew_Foyle__14441_-_Secretary_of_State_Decision__Unrestricted__for_WEB.pdf:Pupil A but did not accept that they were of a sexual nature. ./Mr_Grant_Andrew_Foyle__14441_-_Secretary_of_State_Decision__Unrestricted__for_WEB.pdf- ./Mr_Grant_Andrew_Foyle__14441_-_Secretary_of_State_Decision__Unrestricted__for_WEB.pdf:Whilst there was nothing overtly sexual about the photos of Mr Foyle's head, there was ./Mr_Grant_Andrew_Foyle__14441_-_Secretary_of_State_Decision__Unrestricted__for_WEB.pdf-no professional reason for these to be sent by him to Pupil A and we found that these ./Mr_Grant_Andrew_Foyle__14441_-_Secretary_of_State_Decision__Unrestricted__for_WEB.pdf:were inappropriate, albeit not of a sexual nature. ./Mr_Grant_Andrew_Foyle__14441_-_Secretary_of_State_Decision__Unrestricted__for_WEB.pdf- ./Mr_Grant_Andrew_Foyle__14441_-_Secretary_of_State_Decision__Unrestricted__for_WEB.pdf- ./Mr_Grant_Andrew_Foyle__14441_-_Secretary_of_State_Decision__Unrestricted__for_WEB.pdf- ./Mr_Grant_Andrew_Foyle__14441_-_Secretary_of_State_Decision__Unrestricted__for_WEB.pdf- ./Mr_Grant_Andrew_Foyle__14441_-_Secretary_of_State_Decision__Unrestricted__for_WEB.pdf- 8 ./Mr_Grant_Andrew_Foyle__14441_-_Secretary_of_State_Decision__Unrestricted__for_WEB.pdf- -- ./Mr_Grant_Andrew_Foyle__14441_-_Secretary_of_State_Decision__Unrestricted__for_WEB.pdf:However, a photo of an open condom wrapper must be inherently sexual because of its ./Mr_Grant_Andrew_Foyle__14441_-_Secretary_of_State_Decision__Unrestricted__for_WEB.pdf-use and we found all elements of this allegation proved for this photograph. ./Mr_Grant_Andrew_Foyle__14441_-_Secretary_of_State_Decision__Unrestricted__for_WEB.pdf- ./Mr_Grant_Andrew_Foyle__14441_-_Secretary_of_State_Decision__Unrestricted__for_WEB.pdf- ./Mr_Grant_Andrew_Foyle__14441_-_Secretary_of_State_Decision__Unrestricted__for_WEB.pdf- ./Mr_Grant_Andrew_Foyle__14441_-_Secretary_of_State_Decision__Unrestricted__for_WEB.pdf- c. Attempted to arrange meeting(s) with Pupil A outside of School on ./Mr_Grant_Andrew_Foyle__14441_-_Secretary_of_State_Decision__Unrestricted__for_WEB.pdf- one or more occasions. ./Mr_Grant_Andrew_Foyle__14441_-_Secretary_of_State_Decision__Unrestricted__for_WEB.pdf- ./Mr_Grant_Andrew_Foyle__14441_-_Secretary_of_State_Decision__Unrestricted__for_WEB.pdf-Whilst Mr Foyle's position was that he never "envisaged..[meeting] Pupil A outside of the ./Mr_Grant_Andrew_Foyle__14441_-_Secretary_of_State_Decision__Unrestricted__for_WEB.pdf-school premises unless the meetings took place at the theatre school" we could not ./Mr_Grant_Andrew_Foyle__14441_-_Secretary_of_State_Decision__Unrestricted__for_WEB.pdf-accept this position because of the persistent suggestions put forward by him within the -- ./Mr_Grant_Andrew_Foyle__14441_-_Secretary_of_State_Decision__Unrestricted__for_WEB.pdf- ./Mr_Grant_Andrew_Foyle__14441_-_Secretary_of_State_Decision__Unrestricted__for_WEB.pdf-Whether or not a meeting did take place, it was clear from the WhatsApp messages that ./Mr_Grant_Andrew_Foyle__14441_-_Secretary_of_State_Decision__Unrestricted__for_WEB.pdf-efforts were made by Mr Foyle for this to happen as corroborated by Pupil A's account to ./Mr_Grant_Andrew_Foyle__14441_-_Secretary_of_State_Decision__Unrestricted__for_WEB.pdf-the police. ./Mr_Grant_Andrew_Foyle__14441_-_Secretary_of_State_Decision__Unrestricted__for_WEB.pdf- ./Mr_Grant_Andrew_Foyle__14441_-_Secretary_of_State_Decision__Unrestricted__for_WEB.pdf-Having found all sub-paragraphs of allegation 1 proved we also found the head of ./Mr_Grant_Andrew_Foyle__14441_-_Secretary_of_State_Decision__Unrestricted__for_WEB.pdf-allegation 1 proved. ./Mr_Grant_Andrew_Foyle__14441_-_Secretary_of_State_Decision__Unrestricted__for_WEB.pdf- ./Mr_Grant_Andrew_Foyle__14441_-_Secretary_of_State_Decision__Unrestricted__for_WEB.pdf- ./Mr_Grant_Andrew_Foyle__14441_-_Secretary_of_State_Decision__Unrestricted__for_WEB.pdf- 2. Your conduct in regard to allegation 1(a) – (c), as may be found proven, was ./Mr_Grant_Andrew_Foyle__14441_-_Secretary_of_State_Decision__Unrestricted__for_WEB.pdf: sexually motivated. ./Mr_Grant_Andrew_Foyle__14441_-_Secretary_of_State_Decision__Unrestricted__for_WEB.pdf- ./Mr_Grant_Andrew_Foyle__14441_-_Secretary_of_State_Decision__Unrestricted__for_WEB.pdf-From the times shown on the photographs taken by Pupil A's mother of the WhatsApp ./Mr_Grant_Andrew_Foyle__14441_-_Secretary_of_State_Decision__Unrestricted__for_WEB.pdf-messages, and the references made by Pupil A during those WhatsApp messages about ./Mr_Grant_Andrew_Foyle__14441_-_Secretary_of_State_Decision__Unrestricted__for_WEB.pdf-needing to sleep and about getting up in the morning, it was clear that the messages ./Mr_Grant_Andrew_Foyle__14441_-_Secretary_of_State_Decision__Unrestricted__for_WEB.pdf-were sent late at night. ./Mr_Grant_Andrew_Foyle__14441_-_Secretary_of_State_Decision__Unrestricted__for_WEB.pdf- ./Mr_Grant_Andrew_Foyle__14441_-_Secretary_of_State_Decision__Unrestricted__for_WEB.pdf-Mr Foyle did not put forward any credible explanation for the sustained contact with Pupil ./Mr_Grant_Andrew_Foyle__14441_-_Secretary_of_State_Decision__Unrestricted__for_WEB.pdf-A over a significant period of time. In addition, we saw evidence of Mr Foyle's extensive ./Mr_Grant_Andrew_Foyle__14441_-_Secretary_of_State_Decision__Unrestricted__for_WEB.pdf-efforts to secure the communication between himself and Pupil A. We had sight of a ./Mr_Grant_Andrew_Foyle__14441_-_Secretary_of_State_Decision__Unrestricted__for_WEB.pdf- -- ./Mr_Grant_Andrew_Foyle__14441_-_Secretary_of_State_Decision__Unrestricted__for_WEB.pdf-coding system used by Mr Foyle to verify the identity of the sender and also saw ./Mr_Grant_Andrew_Foyle__14441_-_Secretary_of_State_Decision__Unrestricted__for_WEB.pdf-references to deleting the messages and ensuring no-one else was present while the ./Mr_Grant_Andrew_Foyle__14441_-_Secretary_of_State_Decision__Unrestricted__for_WEB.pdf-messages were being sent. This went directly to the question of whether the messages ./Mr_Grant_Andrew_Foyle__14441_-_Secretary_of_State_Decision__Unrestricted__for_WEB.pdf-were appropriate. ./Mr_Grant_Andrew_Foyle__14441_-_Secretary_of_State_Decision__Unrestricted__for_WEB.pdf- ./Mr_Grant_Andrew_Foyle__14441_-_Secretary_of_State_Decision__Unrestricted__for_WEB.pdf-Throughout the exchange of WhatsApp messages, there were constant references to ./Mr_Grant_Andrew_Foyle__14441_-_Secretary_of_State_Decision__Unrestricted__for_WEB.pdf:matters of a sexual nature. Pupil A repeatedly tried to divert the topic of the conversation ./Mr_Grant_Andrew_Foyle__14441_-_Secretary_of_State_Decision__Unrestricted__for_WEB.pdf:away from that of a sexual nature onto more normal topics; Mr Foyle repeatedly made ./Mr_Grant_Andrew_Foyle__14441_-_Secretary_of_State_Decision__Unrestricted__for_WEB.pdf:reference to matters of sexuality including experimentation, threesomes and sexual ./Mr_Grant_Andrew_Foyle__14441_-_Secretary_of_State_Decision__Unrestricted__for_WEB.pdf-practices and preferences. We found the persistence and suggestiveness of Mr Foyle's ./Mr_Grant_Andrew_Foyle__14441_-_Secretary_of_State_Decision__Unrestricted__for_WEB.pdf-correspondence with a pupil very disturbing. ./Mr_Grant_Andrew_Foyle__14441_-_Secretary_of_State_Decision__Unrestricted__for_WEB.pdf- ./Mr_Grant_Andrew_Foyle__14441_-_Secretary_of_State_Decision__Unrestricted__for_WEB.pdf-Taking all of the above into account, we found the facts of allegation 1, both individually ./Mr_Grant_Andrew_Foyle__14441_-_Secretary_of_State_Decision__Unrestricted__for_WEB.pdf:and collectively, to be sexually motivated and therefore found this allegation proved. ./Mr_Grant_Andrew_Foyle__14441_-_Secretary_of_State_Decision__Unrestricted__for_WEB.pdf- ./Mr_Grant_Andrew_Foyle__14441_-_Secretary_of_State_Decision__Unrestricted__for_WEB.pdf-Findings as to unacceptable professional conduct and/or conduct that ./Mr_Grant_Andrew_Foyle__14441_-_Secretary_of_State_Decision__Unrestricted__for_WEB.pdf-may bring the profession into disrepute ./Mr_Grant_Andrew_Foyle__14441_-_Secretary_of_State_Decision__Unrestricted__for_WEB.pdf-Having found all of the allegations to have been proven, we have gone on to consider ./Mr_Grant_Andrew_Foyle__14441_-_Secretary_of_State_Decision__Unrestricted__for_WEB.pdf-whether the facts of those proven allegations amount to unacceptable professional ./Mr_Grant_Andrew_Foyle__14441_-_Secretary_of_State_Decision__Unrestricted__for_WEB.pdf-conduct and/or conduct that may bring the profession into disrepute. ./Mr_Grant_Andrew_Foyle__14441_-_Secretary_of_State_Decision__Unrestricted__for_WEB.pdf- ./Mr_Grant_Andrew_Foyle__14441_-_Secretary_of_State_Decision__Unrestricted__for_WEB.pdf-In doing so, we have had regard to the document Teacher misconduct: The prohibition of ./Mr_Grant_Andrew_Foyle__14441_-_Secretary_of_State_Decision__Unrestricted__for_WEB.pdf-teachers, which we refer/the panel refers to as “the Advice”. ./Mr_Grant_Andrew_Foyle__14441_-_Secretary_of_State_Decision__Unrestricted__for_WEB.pdf- -- ./Mr_Grant_Andrew_Foyle__14441_-_Secretary_of_State_Decision__Unrestricted__for_WEB.pdf-order may be appropriate if certain behaviours of a teacher have been proven. In the list ./Mr_Grant_Andrew_Foyle__14441_-_Secretary_of_State_Decision__Unrestricted__for_WEB.pdf-of such behaviours, those that are relevant in this case are: ./Mr_Grant_Andrew_Foyle__14441_-_Secretary_of_State_Decision__Unrestricted__for_WEB.pdf- ./Mr_Grant_Andrew_Foyle__14441_-_Secretary_of_State_Decision__Unrestricted__for_WEB.pdf-  serious departure from the personal and professional conduct elements of the ./Mr_Grant_Andrew_Foyle__14441_-_Secretary_of_State_Decision__Unrestricted__for_WEB.pdf- Teachers’ Standards; ./Mr_Grant_Andrew_Foyle__14441_-_Secretary_of_State_Decision__Unrestricted__for_WEB.pdf-  misconduct seriously affecting the education and/or well-being of pupils, and ./Mr_Grant_Andrew_Foyle__14441_-_Secretary_of_State_Decision__Unrestricted__for_WEB.pdf- particularly where there is a continuing risk; ./Mr_Grant_Andrew_Foyle__14441_-_Secretary_of_State_Decision__Unrestricted__for_WEB.pdf-  a deep-seated attitude that leads to harmful behaviour; ./Mr_Grant_Andrew_Foyle__14441_-_Secretary_of_State_Decision__Unrestricted__for_WEB.pdf-  abuse of position or trust (particularly involving vulnerable pupils) or violation of the ./Mr_Grant_Andrew_Foyle__14441_-_Secretary_of_State_Decision__Unrestricted__for_WEB.pdf- rights of pupils; ./Mr_Grant_Andrew_Foyle__14441_-_Secretary_of_State_Decision__Unrestricted__for_WEB.pdf:  sexual misconduct, eg involving actions that were sexually motivated or of a ./Mr_Grant_Andrew_Foyle__14441_-_Secretary_of_State_Decision__Unrestricted__for_WEB.pdf: sexual nature and/or that use or exploit the trust, knowledge or influence derived ./Mr_Grant_Andrew_Foyle__14441_-_Secretary_of_State_Decision__Unrestricted__for_WEB.pdf- from the individual’s professional position; ./Mr_Grant_Andrew_Foyle__14441_-_Secretary_of_State_Decision__Unrestricted__for_WEB.pdf- ./Mr_Grant_Andrew_Foyle__14441_-_Secretary_of_State_Decision__Unrestricted__for_WEB.pdf-Even though there were behaviours that would point to the appropriateness of a ./Mr_Grant_Andrew_Foyle__14441_-_Secretary_of_State_Decision__Unrestricted__for_WEB.pdf-prohibition order, the panel went on to consider whether or not there were sufficient ./Mr_Grant_Andrew_Foyle__14441_-_Secretary_of_State_Decision__Unrestricted__for_WEB.pdf-mitigating factors to militate against a prohibition order being an appropriate and ./Mr_Grant_Andrew_Foyle__14441_-_Secretary_of_State_Decision__Unrestricted__for_WEB.pdf-proportionate measure to impose, particularly taking into account the nature and severity ./Mr_Grant_Andrew_Foyle__14441_-_Secretary_of_State_Decision__Unrestricted__for_WEB.pdf-of the behaviour in this case. ./Mr_Grant_Andrew_Foyle__14441_-_Secretary_of_State_Decision__Unrestricted__for_WEB.pdf- ./Mr_Grant_Andrew_Foyle__14441_-_Secretary_of_State_Decision__Unrestricted__for_WEB.pdf-In light of the panel’s findings, there was no evidence that the teacher’s actions were not ./Mr_Grant_Andrew_Foyle__14441_-_Secretary_of_State_Decision__Unrestricted__for_WEB.pdf-deliberate. -- ./Mr_Grant_Andrew_Foyle__14441_-_Secretary_of_State_Decision__Unrestricted__for_WEB.pdf-should be imposed with immediate effect. ./Mr_Grant_Andrew_Foyle__14441_-_Secretary_of_State_Decision__Unrestricted__for_WEB.pdf- ./Mr_Grant_Andrew_Foyle__14441_-_Secretary_of_State_Decision__Unrestricted__for_WEB.pdf-The panel went on to consider whether or not it would be appropriate for them to decide ./Mr_Grant_Andrew_Foyle__14441_-_Secretary_of_State_Decision__Unrestricted__for_WEB.pdf-to recommend that a review period of the order should be considered. The panel was ./Mr_Grant_Andrew_Foyle__14441_-_Secretary_of_State_Decision__Unrestricted__for_WEB.pdf-mindful that the Advice states that a prohibition order applies for life, but there may be ./Mr_Grant_Andrew_Foyle__14441_-_Secretary_of_State_Decision__Unrestricted__for_WEB.pdf-circumstances in any given case that may make it appropriate to allow a teacher to apply ./Mr_Grant_Andrew_Foyle__14441_-_Secretary_of_State_Decision__Unrestricted__for_WEB.pdf-to have the prohibition order reviewed after a specified period of time that may not be ./Mr_Grant_Andrew_Foyle__14441_-_Secretary_of_State_Decision__Unrestricted__for_WEB.pdf-less than 2 years. ./Mr_Grant_Andrew_Foyle__14441_-_Secretary_of_State_Decision__Unrestricted__for_WEB.pdf- ./Mr_Grant_Andrew_Foyle__14441_-_Secretary_of_State_Decision__Unrestricted__for_WEB.pdf-The Advice indicates that there are behaviours that, if proven, would militate against a ./Mr_Grant_Andrew_Foyle__14441_-_Secretary_of_State_Decision__Unrestricted__for_WEB.pdf:review period being recommended. These behaviours include serious sexual ./Mr_Grant_Andrew_Foyle__14441_-_Secretary_of_State_Decision__Unrestricted__for_WEB.pdf:misconduct, eg where the act was sexually motivated and resulted in or had the potential ./Mr_Grant_Andrew_Foyle__14441_-_Secretary_of_State_Decision__Unrestricted__for_WEB.pdf-to result in, harm to a person or persons, particularly where the individual has used their ./Mr_Grant_Andrew_Foyle__14441_-_Secretary_of_State_Decision__Unrestricted__for_WEB.pdf-professional position to influence or exploit a person or persons. The panel has found ./Mr_Grant_Andrew_Foyle__14441_-_Secretary_of_State_Decision__Unrestricted__for_WEB.pdf:that Mr Foyle's behaviour was sexually motivated and clearly directly affected a pupil. ./Mr_Grant_Andrew_Foyle__14441_-_Secretary_of_State_Decision__Unrestricted__for_WEB.pdf- ./Mr_Grant_Andrew_Foyle__14441_-_Secretary_of_State_Decision__Unrestricted__for_WEB.pdf-Not only has Mr Foyle shown no insight into his behaviour, but also the position he put ./Mr_Grant_Andrew_Foyle__14441_-_Secretary_of_State_Decision__Unrestricted__for_WEB.pdf-forward to explain his actions has been proved to be false. He also sought to apportion ./Mr_Grant_Andrew_Foyle__14441_-_Secretary_of_State_Decision__Unrestricted__for_WEB.pdf-blame on the pupil. ./Mr_Grant_Andrew_Foyle__14441_-_Secretary_of_State_Decision__Unrestricted__for_WEB.pdf- ./Mr_Grant_Andrew_Foyle__14441_-_Secretary_of_State_Decision__Unrestricted__for_WEB.pdf-The panel felt the findings indicated a situation in which a review period would not be ./Mr_Grant_Andrew_Foyle__14441_-_Secretary_of_State_Decision__Unrestricted__for_WEB.pdf-appropriate and as such decided that it would be proportionate in all the circumstances ./Mr_Grant_Andrew_Foyle__14441_-_Secretary_of_State_Decision__Unrestricted__for_WEB.pdf-for the prohibition order to be recommended without provisions for a review period. ./Mr_Grant_Andrew_Foyle__14441_-_Secretary_of_State_Decision__Unrestricted__for_WEB.pdf- ./Mr_Grant_Andrew_Foyle__14441_-_Secretary_of_State_Decision__Unrestricted__for_WEB.pdf- -- ./Mr_Grant_Andrew_Foyle__14441_-_Secretary_of_State_Decision__Unrestricted__for_WEB.pdf-In my judgement the lack of insight means that there is considerable risk of the repetition ./Mr_Grant_Andrew_Foyle__14441_-_Secretary_of_State_Decision__Unrestricted__for_WEB.pdf-of this behaviour and this risks future pupils’ well-being. I have therefore given this ./Mr_Grant_Andrew_Foyle__14441_-_Secretary_of_State_Decision__Unrestricted__for_WEB.pdf-element considerable weight in reaching my decision. ./Mr_Grant_Andrew_Foyle__14441_-_Secretary_of_State_Decision__Unrestricted__for_WEB.pdf- ./Mr_Grant_Andrew_Foyle__14441_-_Secretary_of_State_Decision__Unrestricted__for_WEB.pdf-I have gone on to consider the extent to which a prohibition order would maintain public ./Mr_Grant_Andrew_Foyle__14441_-_Secretary_of_State_Decision__Unrestricted__for_WEB.pdf-confidence in the profession. The panel observe, “a strong public interest consideration in ./Mr_Grant_Andrew_Foyle__14441_-_Secretary_of_State_Decision__Unrestricted__for_WEB.pdf-declaring proper standards of conduct in the profession was also present as the conduct ./Mr_Grant_Andrew_Foyle__14441_-_Secretary_of_State_Decision__Unrestricted__for_WEB.pdf-found against Mr Foyle was outside that which could reasonably be tolerated.” ./Mr_Grant_Andrew_Foyle__14441_-_Secretary_of_State_Decision__Unrestricted__for_WEB.pdf- ./Mr_Grant_Andrew_Foyle__14441_-_Secretary_of_State_Decision__Unrestricted__for_WEB.pdf:I am particularly mindful of the finding of sexual misconduct in this case and the impact ./Mr_Grant_Andrew_Foyle__14441_-_Secretary_of_State_Decision__Unrestricted__for_WEB.pdf-that such a finding has on the reputation of the profession. ./Mr_Grant_Andrew_Foyle__14441_-_Secretary_of_State_Decision__Unrestricted__for_WEB.pdf- ./Mr_Grant_Andrew_Foyle__14441_-_Secretary_of_State_Decision__Unrestricted__for_WEB.pdf-I have had to consider that the public has a high expectation of professional standards of ./Mr_Grant_Andrew_Foyle__14441_-_Secretary_of_State_Decision__Unrestricted__for_WEB.pdf-all teachers and that failure to impose a prohibition order might be regarded by the public ./Mr_Grant_Andrew_Foyle__14441_-_Secretary_of_State_Decision__Unrestricted__for_WEB.pdf-as a failure to uphold those high standards. In weighing these considerations I have had ./Mr_Grant_Andrew_Foyle__14441_-_Secretary_of_State_Decision__Unrestricted__for_WEB.pdf-to consider the matter from the point of view of an “ordinary intelligent and well-informed ./Mr_Grant_Andrew_Foyle__14441_-_Secretary_of_State_Decision__Unrestricted__for_WEB.pdf-citizen.” ./Mr_Grant_Andrew_Foyle__14441_-_Secretary_of_State_Decision__Unrestricted__for_WEB.pdf- ./Mr_Grant_Andrew_Foyle__14441_-_Secretary_of_State_Decision__Unrestricted__for_WEB.pdf-I have considered whether the publication of a finding of unacceptable professional ./Mr_Grant_Andrew_Foyle__14441_-_Secretary_of_State_Decision__Unrestricted__for_WEB.pdf-conduct, in the absence of a prohibition order, can itself be regarded by such a person as -- ./Mr_Grant_Andrew_Foyle__14441_-_Secretary_of_State_Decision__Unrestricted__for_WEB.pdf-comments in this case. The behaviours found are set out below : ./Mr_Grant_Andrew_Foyle__14441_-_Secretary_of_State_Decision__Unrestricted__for_WEB.pdf- ./Mr_Grant_Andrew_Foyle__14441_-_Secretary_of_State_Decision__Unrestricted__for_WEB.pdf-  serious departure from the personal and professional conduct elements of the ./Mr_Grant_Andrew_Foyle__14441_-_Secretary_of_State_Decision__Unrestricted__for_WEB.pdf- Teachers’ Standards; ./Mr_Grant_Andrew_Foyle__14441_-_Secretary_of_State_Decision__Unrestricted__for_WEB.pdf- ./Mr_Grant_Andrew_Foyle__14441_-_Secretary_of_State_Decision__Unrestricted__for_WEB.pdf-  misconduct seriously affecting the education and/or well-being of pupils, and ./Mr_Grant_Andrew_Foyle__14441_-_Secretary_of_State_Decision__Unrestricted__for_WEB.pdf- particularly where there is a continuing risk; ./Mr_Grant_Andrew_Foyle__14441_-_Secretary_of_State_Decision__Unrestricted__for_WEB.pdf-  a deep-seated attitude that leads to harmful behaviour; ./Mr_Grant_Andrew_Foyle__14441_-_Secretary_of_State_Decision__Unrestricted__for_WEB.pdf-  abuse of position or trust (particularly involving vulnerable pupils) or violation of the ./Mr_Grant_Andrew_Foyle__14441_-_Secretary_of_State_Decision__Unrestricted__for_WEB.pdf- rights of pupils; ./Mr_Grant_Andrew_Foyle__14441_-_Secretary_of_State_Decision__Unrestricted__for_WEB.pdf:  sexual misconduct, eg involving actions that were sexually motivated or of a ./Mr_Grant_Andrew_Foyle__14441_-_Secretary_of_State_Decision__Unrestricted__for_WEB.pdf: sexual nature and/or that use or exploit the trust, knowledge or influence derived ./Mr_Grant_Andrew_Foyle__14441_-_Secretary_of_State_Decision__Unrestricted__for_WEB.pdf- from the individual’s professional position; ./Mr_Grant_Andrew_Foyle__14441_-_Secretary_of_State_Decision__Unrestricted__for_WEB.pdf- ./Mr_Grant_Andrew_Foyle__14441_-_Secretary_of_State_Decision__Unrestricted__for_WEB.pdf- ./Mr_Grant_Andrew_Foyle__14441_-_Secretary_of_State_Decision__Unrestricted__for_WEB.pdf-The panel has also said that there should be no provision for a review period. ./Mr_Grant_Andrew_Foyle__14441_-_Secretary_of_State_Decision__Unrestricted__for_WEB.pdf- ./Mr_Grant_Andrew_Foyle__14441_-_Secretary_of_State_Decision__Unrestricted__for_WEB.pdf-I have considered whether that reflects the seriousness of the findings and is a ./Mr_Grant_Andrew_Foyle__14441_-_Secretary_of_State_Decision__Unrestricted__for_WEB.pdf-proportionate period to achieve the aim of maintaining public confidence in the ./Mr_Grant_Andrew_Foyle__14441_-_Secretary_of_State_Decision__Unrestricted__for_WEB.pdf-profession. In this case, there are three factors that in my view mean that the prohibition ./Mr_Grant_Andrew_Foyle__14441_-_Secretary_of_State_Decision__Unrestricted__for_WEB.pdf:should be with no provision for a review period. These are the sexual misconduct found, ./Mr_Grant_Andrew_Foyle__14441_-_Secretary_of_State_Decision__Unrestricted__for_WEB.pdf-the lack of either insight or remorse, and the deliberate nature of the behaviour. ./Mr_Grant_Andrew_Foyle__14441_-_Secretary_of_State_Decision__Unrestricted__for_WEB.pdf- ./Mr_Grant_Andrew_Foyle__14441_-_Secretary_of_State_Decision__Unrestricted__for_WEB.pdf-I consider therefore that a prohibition with no review period is required to satisfy the ./Mr_Grant_Andrew_Foyle__14441_-_Secretary_of_State_Decision__Unrestricted__for_WEB.pdf-maintenance of public confidence in the profession. ./Mr_Grant_Andrew_Foyle__14441_-_Secretary_of_State_Decision__Unrestricted__for_WEB.pdf- ./Mr_Grant_Andrew_Foyle__14441_-_Secretary_of_State_Decision__Unrestricted__for_WEB.pdf-This means that Mr Grant Foyle is prohibited from teaching indefinitely and cannot ./Mr_Grant_Andrew_Foyle__14441_-_Secretary_of_State_Decision__Unrestricted__for_WEB.pdf-teach in any school, sixth form college, relevant youth accommodation or ./Mr_Grant_Andrew_Foyle__14441_-_Secretary_of_State_Decision__Unrestricted__for_WEB.pdf-children’s home in England. Furthermore, in view of the seriousness of the allegations ./Mr_Grant_Andrew_Foyle__14441_-_Secretary_of_State_Decision__Unrestricted__for_WEB.pdf-found proved against him, I have decided that Mr Grant Foyle shall not be entitled to ./Mr_Grant_Andrew_Foyle__14441_-_Secretary_of_State_Decision__Unrestricted__for_WEB.pdf-apply for restoration of his eligibility to teach. ./Mr_Harry_White.pdf- ./Mr_Harry_White.pdf- f. told Pupil A not to contact friends and family when Pupil A was homesick. ./Mr_Harry_White.pdf- ./Mr_Harry_White.pdf-4. On one or more occasions between July 2017 and July 2018, after Pupil A had left ./Mr_Harry_White.pdf- the College, he: ./Mr_Harry_White.pdf- ./Mr_Harry_White.pdf- a. told Pupil A: ./Mr_Harry_White.pdf- ./Mr_Harry_White.pdf- i. to send him photographs of Pupil A in underwear; ./Mr_Harry_White.pdf- ./Mr_Harry_White.pdf: ii. to create and/or tell him pornographic stories; ./Mr_Harry_White.pdf- ./Mr_Harry_White.pdf- iii. “carry on” and/or “that’s hot” or words to that effect, while masturbating; ./Mr_Harry_White.pdf- ./Mr_Harry_White.pdf- iv. to masturbate; ./Mr_Harry_White.pdf- ./Mr_Harry_White.pdf- v. to orgasm audibly; ./Mr_Harry_White.pdf- ./Mr_Harry_White.pdf- vi. to tell him stories about threesomes or words to that effect; ./Mr_Harry_White.pdf- ./Mr_Harry_White.pdf- b. masturbated in front of Pupil A, on a Skype video call. -- ./Mr_Harry_White.pdf- b. he failed to observe a proper boundaries appropriate to a teacher’s ./Mr_Harry_White.pdf- professional position; ./Mr_Harry_White.pdf- ./Mr_Harry_White.pdf- c. he failed to take appropriate steps to safeguard the wellbeing of pupils and/or ./Mr_Harry_White.pdf- former pupils. ./Mr_Harry_White.pdf- ./Mr_Harry_White.pdf:7. His conduct in paragraph 1 - 4 was sexually motivated in that he: ./Mr_Harry_White.pdf- ./Mr_Harry_White.pdf: a. acted in pursuit of a sexual relationship; ./Mr_Harry_White.pdf- ./Mr_Harry_White.pdf: b. acted in pursuit of sexual gratification. ./Mr_Harry_White.pdf- ./Mr_Harry_White.pdf-8. By reason of his conduct in paragraph 5, he failed to act with integrity. ./Mr_Harry_White.pdf- ./Mr_Harry_White.pdf- ./Mr_Harry_White.pdf- ./Mr_Harry_White.pdf-Mr White admitted to following allegations: ./Mr_Harry_White.pdf- ./Mr_Harry_White.pdf- • 1.d, 1.e(i) and (ii) and 1.f ./Mr_Harry_White.pdf- ./Mr_Harry_White.pdf- • 3.a, 3.b, 3.c, 3.d, 3.e -- ./Mr_Harry_White.pdf- ./Mr_Harry_White.pdf-On or around 13 April 2017, four days after Mr White had initiated the text conversation ./Mr_Harry_White.pdf-with Pupil A, he texted Pupil A, “I’m sure it’ll look amazing not tempted by the [Redacted]. ./Mr_Harry_White.pdf-Pupil A informed the panel at the hearing that this had been a reference to the ./Mr_Harry_White.pdf-[Redacted] dress for the character she had played in the College’s [Redacted] musical ./Mr_Harry_White.pdf-which Mr White had played a key part in organising. The dress had been a revealing red ./Mr_Harry_White.pdf-dress for, as Mr White describes, a “risqué” part in the musical. Having considered all the ./Mr_Harry_White.pdf-circumstances the panel considered this was a flirtatious comment by Mr White. ./Mr_Harry_White.pdf- ./Mr_Harry_White.pdf-On 31 May 2017 at 21:25, Pupil A informed Pupil J that, “Me and harry are having our ./Mr_Harry_White.pdf:final night of 4 questions and he just asked me if I’ve ever watched porn”. Moreover, ./Mr_Harry_White.pdf-Pupil A also informed Pupil J on 31 May 2017, “I don’t actually fancy harry though flirting ./Mr_Harry_White.pdf-just seems to happen yanno”, “Like it’s flanter” “Flirty-banter” “..with harry it’s flanter”. ./Mr_Harry_White.pdf- ./Mr_Harry_White.pdf-On 5 June 2017 at 19:40, Pupil A informed Pupil J that Mr White had described a ./Mr_Harry_White.pdf:graphic sex scene to Pupil A in the television series ‘House of Cards’ in which an older ./Mr_Harry_White.pdf:50 year old politician had performed a sexual act on a 19 year old girl. The panel found ./Mr_Harry_White.pdf:this sexualised topic of discussion was entirely inappropriate as Mr White was Pupil A’s ./Mr_Harry_White.pdf-teacher at the time. ./Mr_Harry_White.pdf- ./Mr_Harry_White.pdf-The panel paid note to evidence that suggested Mr White did not consider the ./Mr_Harry_White.pdf-relationship to be just platonic. The panel noted that on 29 June 2017 Pupil A had text ./Mr_Harry_White.pdf-Pupil J and stated, “Me and harry had such an honest conversation”. When asked what ./Mr_Harry_White.pdf-the conversation had been about Pupil A stated that she and Mr White had discussed, ./Mr_Harry_White.pdf-“Everything” and “How are friendship isn’t totally platonic and we need to put up ./Mr_Harry_White.pdf-boundaries and I need to meet his fam so Individual C doesn’t feel weird about it.” The ./Mr_Harry_White.pdf-panel found, having considered all the evidence, that it was more likely than not this ./Mr_Harry_White.pdf-conversation had taken place. -- ./Mr_Harry_White.pdf- ./Mr_Harry_White.pdf- i. asked Pupil A whether she had made herself orgasm before; ./Mr_Harry_White.pdf- ./Mr_Harry_White.pdf- ii. asked Pupil A whether she “had done it yet”, by which you meant ./Mr_Harry_White.pdf- whether or not Pupil A had orgasmed; ./Mr_Harry_White.pdf- ./Mr_Harry_White.pdf-The panel considered the evidence that Pupil A and Mr White had become involved in a ./Mr_Harry_White.pdf-game of four questions in which they each asked each other four questions to get to ./Mr_Harry_White.pdf-know each other better. The panel also took into account that there was ./Mr_Harry_White.pdf-contemporaneous evidence that Mr White had asked Pupil A if she had ever watched ./Mr_Harry_White.pdf:porn. ./Mr_Harry_White.pdf- ./Mr_Harry_White.pdf-On examination of all the documents and given the panel’s determinations in relation to ./Mr_Harry_White.pdf-the credibility of the evidence of Pupil A and Mr White, the panel considered that on the ./Mr_Harry_White.pdf-balance of probabilities it was more likely than not that Mr White had made these ./Mr_Harry_White.pdf-comments to Pupil A. ./Mr_Harry_White.pdf- ./Mr_Harry_White.pdf- h. asked Pupil A whether she was “pleasing” herself, by which you meant ./Mr_Harry_White.pdf- whether she had masturbated; ./Mr_Harry_White.pdf- ./Mr_Harry_White.pdf-On examination of all the documents and given the panel’s determinations in relation to -- ./Mr_Harry_White.pdf- ./Mr_Harry_White.pdf-On examination of all the documents and given the panel’s determinations in relation to ./Mr_Harry_White.pdf-the credibility of the evidence of Pupil A and Mr White, the panel considered that on the ./Mr_Harry_White.pdf-balance of probabilities it was more likely than not that Mr White had committed these ./Mr_Harry_White.pdf-acts. The panel found this allegation proved. ./Mr_Harry_White.pdf- ./Mr_Harry_White.pdf-Accordingly the panel found the facts of allegation 1 proved in its entirety. ./Mr_Harry_White.pdf- ./Mr_Harry_White.pdf-2. In or around June 2017, during a College music trip, you: ./Mr_Harry_White.pdf- ./Mr_Harry_White.pdf: a. described a sexual dream to Pupil A; ./Mr_Harry_White.pdf- ./Mr_Harry_White.pdf- b. held Pupil A’s hand; ./Mr_Harry_White.pdf- ./Mr_Harry_White.pdf- c. rested your head on Pupil A’s right shoulder. ./Mr_Harry_White.pdf- ./Mr_Harry_White.pdf-The panel considered that Pupil A had given detailed, compelling and consistent ./Mr_Harry_White.pdf-evidence in relation to allegation 2.a. The panel noted that Pupil A had been precise in ./Mr_Harry_White.pdf-her recollection of this incident. ./Mr_Harry_White.pdf- ./Mr_Harry_White.pdf-When considering allegation 2.a the panel noted Pupil A’s text message to Pupil K on 16 -- ./Mr_Harry_White.pdf-On examination of the documents before the panel and on consideration of the oral ./Mr_Harry_White.pdf-evidence, the panel found the facts of allegations 3.a.b.c.d.e and 3.f to be proven. ./Mr_Harry_White.pdf- ./Mr_Harry_White.pdf-4. On one or more occasions between July 2017 and July 2018, after Pupil A had ./Mr_Harry_White.pdf- left the College, you ./Mr_Harry_White.pdf- ./Mr_Harry_White.pdf- a. told Pupil A: ./Mr_Harry_White.pdf- ./Mr_Harry_White.pdf- i. to send you photographs of Pupil A in underwear; ./Mr_Harry_White.pdf- ./Mr_Harry_White.pdf: ii. to create and/or tell you pornographic stories; ./Mr_Harry_White.pdf- ./Mr_Harry_White.pdf- iii. “carry on” and/ or “that’s hot” or words to that effect, while ./Mr_Harry_White.pdf- masturbating; ./Mr_Harry_White.pdf- ./Mr_Harry_White.pdf- iv. to masturbate; ./Mr_Harry_White.pdf- ./Mr_Harry_White.pdf- v. to orgasm audibly; ./Mr_Harry_White.pdf- ./Mr_Harry_White.pdf- vi. to tell you stories about threesomes or words to that effect; ./Mr_Harry_White.pdf- ./Mr_Harry_White.pdf- b. masturbated in front of Pupil A, on a Skype video call. ./Mr_Harry_White.pdf- ./Mr_Harry_White.pdf-Having considered all the evidence and the compelling oral evidence of Pupil A, the ./Mr_Harry_White.pdf-panel considered it was more likely than not that allegations 4.a and 4.b had taken place. ./Mr_Harry_White.pdf-The panel gave more weight to the evidence of Pupil A as they considered she was a ./Mr_Harry_White.pdf-more credible than Mr White. ./Mr_Harry_White.pdf- ./Mr_Harry_White.pdf-When reaching its conclusions on these allegations, the panel considered the evidence ./Mr_Harry_White.pdf-around which the allegations were framed, namely that Mr White had introduced ./Mr_Harry_White.pdf:sexualised content into his correspondence with Pupil A. ./Mr_Harry_White.pdf- ./Mr_Harry_White.pdf-The panel noted Mr White’s statement, on or around 31 July 2019, “We may well have ./Mr_Harry_White.pdf-exchanged about 30 pictures. These were all in the context of friendship.” “Pupil A went ./Mr_Harry_White.pdf-shopping for swimwear, and asked if I wanted to see what she had bought. Likewise she ./Mr_Harry_White.pdf- ./Mr_Harry_White.pdf- ./Mr_Harry_White.pdf- 17 ./Mr_Harry_White.pdf- -- ./Mr_Harry_White.pdf-safeguard the wellbeing of Pupil A. ./Mr_Harry_White.pdf- ./Mr_Harry_White.pdf-The panel heard evidence from Individual B [Redacted], that Mr White was an ./Mr_Harry_White.pdf-experienced teacher who had been trained extensively in safeguarding. It was evident ./Mr_Harry_White.pdf-that Mr White would have been fully aware of the inappropriateness of his actions which ./Mr_Harry_White.pdf-made the panel even more concerned of the conduct he had engaged in. ./Mr_Harry_White.pdf- ./Mr_Harry_White.pdf-The panel found the facts of allegation 6 proven. ./Mr_Harry_White.pdf- ./Mr_Harry_White.pdf- ./Mr_Harry_White.pdf:7. Your conduct in paragraph 1 - 4 was sexually motivated in that you: ./Mr_Harry_White.pdf- ./Mr_Harry_White.pdf: a. acted in pursuit of a sexual relationship; ./Mr_Harry_White.pdf- ./Mr_Harry_White.pdf: b. acted in pursuit of sexual gratification. ./Mr_Harry_White.pdf- ./Mr_Harry_White.pdf-The panel’s attention was drawn to s78 Sexual Offences Act 2003 and to the case of Sait ./Mr_Harry_White.pdf-v General Medical Council [2018]. ./Mr_Harry_White.pdf- ./Mr_Harry_White.pdf-In respect of the issue of motivation, the panel considered that Mr White’s conduct in ./Mr_Harry_White.pdf:respect of allegations 1, 2, 3 and 4 had been either in pursuit of sexual gratification or in ./Mr_Harry_White.pdf:pursuit of a sexual relationship. ./Mr_Harry_White.pdf- ./Mr_Harry_White.pdf:The panel was satisfied, having scrutinised all the evidence, that sexual motivation could ./Mr_Harry_White.pdf-be inferred on the balance of probabilities. ./Mr_Harry_White.pdf- ./Mr_Harry_White.pdf-The panel concluded that the words and conduct of Mr White and the context in which ./Mr_Harry_White.pdf:those words and actions had occurred, indicated that Mr White’s conduct was sexually ./Mr_Harry_White.pdf-motivated. ./Mr_Harry_White.pdf- ./Mr_Harry_White.pdf- ./Mr_Harry_White.pdf- 19 ./Mr_Harry_White.pdf- -- ./Mr_Harry_White.pdf-The panel was satisfied that the conduct of Mr White amounted to misconduct of a ./Mr_Harry_White.pdf-serious nature which fell considerably short of the standards expected of the teaching ./Mr_Harry_White.pdf-profession. ./Mr_Harry_White.pdf- ./Mr_Harry_White.pdf-The panel noted that some of the allegations had taken place outside of the College ./Mr_Harry_White.pdf-setting, and some allegations after Pupil A was no longer a pupil at the College; but that ./Mr_Harry_White.pdf-this conduct had been part of a continuous pattern of extensive behaviour, consistent ./Mr_Harry_White.pdf:with the characteristics of grooming. Therefore, the panel was significantly concerned ./Mr_Harry_White.pdf-that such behaviour would affect the way Mr White fulfils his teaching role and it may lead ./Mr_Harry_White.pdf-to pupils being exposed to or influenced by such behaviour in a harmful way. ./Mr_Harry_White.pdf- ./Mr_Harry_White.pdf-The panel was satisfied that Mr White was guilty of unacceptable professional conduct. ./Mr_Harry_White.pdf- ./Mr_Harry_White.pdf-The panel took into account the way the teaching profession is viewed by others and ./Mr_Harry_White.pdf-considered the influence that teachers may have on pupils, parents and others in the ./Mr_Harry_White.pdf-community. ./Mr_Harry_White.pdf- ./Mr_Harry_White.pdf-The panel considered, the findings of misconduct were serious, and the conduct -- ./Mr_Harry_White.pdf-The panel had regard to the particular public interest considerations set out in the Advice ./Mr_Harry_White.pdf-and, having done so, found a number of them to be relevant in this case, namely: the ./Mr_Harry_White.pdf-protection of pupils, the maintenance of public confidence in the profession and declaring ./Mr_Harry_White.pdf-and upholding proper standards of conduct. ./Mr_Harry_White.pdf- ./Mr_Harry_White.pdf:In the light of the panel’s findings against Mr White, which involved sexual misconduct ./Mr_Harry_White.pdf-and which had been part of a continuous pattern of extensive behaviour, consistent with ./Mr_Harry_White.pdf-the characteristics of grooming, the panel determined there was a strong public interest ./Mr_Harry_White.pdf-consideration in respect of the protection of pupils. ./Mr_Harry_White.pdf- ./Mr_Harry_White.pdf-Similarly, the panel considered that public confidence in the profession could be seriously ./Mr_Harry_White.pdf-weakened if conduct such as that found against Mr White were not treated with the ./Mr_Harry_White.pdf-utmost seriousness when regulating the conduct of the profession. ./Mr_Harry_White.pdf- ./Mr_Harry_White.pdf-The panel was of the view that a strong public interest consideration in declaring proper ./Mr_Harry_White.pdf-standards of conduct in the profession was also present, as the conduct found against Mr -- ./Mr_Harry_White.pdf- ./Mr_Harry_White.pdf- • serious departure from the personal and professional conduct elements of the ./Mr_Harry_White.pdf- Teachers’ Standards; ./Mr_Harry_White.pdf- ./Mr_Harry_White.pdf- • misconduct seriously affecting the education and/or well-being of pupils, and ./Mr_Harry_White.pdf- particularly where there is a continuing risk; ./Mr_Harry_White.pdf- ./Mr_Harry_White.pdf- • abuse of position or trust (particularly involving vulnerable pupils) or violation of the ./Mr_Harry_White.pdf- rights of pupils; ./Mr_Harry_White.pdf- ./Mr_Harry_White.pdf: • sexual misconduct, for example, involving actions that were sexually motivated or ./Mr_Harry_White.pdf: of a sexual nature and/or that use or exploit the trust, knowledge or influence ./Mr_Harry_White.pdf- derived from the individual’s professional position. ./Mr_Harry_White.pdf- ./Mr_Harry_White.pdf-Even though the behaviour found proved in this case indicated that a prohibition order ./Mr_Harry_White.pdf-would be appropriate, the panel went on to consider the mitigating factors. The panel ./Mr_Harry_White.pdf-noted that mitigating factors may indicate that a prohibition order would not be ./Mr_Harry_White.pdf-appropriate or proportionate. ./Mr_Harry_White.pdf- ./Mr_Harry_White.pdf- ./Mr_Harry_White.pdf- 22 ./Mr_Harry_White.pdf- -- ./Mr_Harry_White.pdf-factor in forming that opinion. Accordingly, the panel made a recommendation to the ./Mr_Harry_White.pdf-Secretary of State that a prohibition order should be imposed with immediate effect. ./Mr_Harry_White.pdf- ./Mr_Harry_White.pdf-The panel went on to consider whether or not it would be appropriate for it to decide to ./Mr_Harry_White.pdf-recommend a review period of the order. The panel was mindful that the Advice states ./Mr_Harry_White.pdf-that a prohibition order applies for life, but there may be circumstances, in any given ./Mr_Harry_White.pdf-case, that may make it appropriate to allow a teacher to apply to have the prohibition ./Mr_Harry_White.pdf-order reviewed after a specified period of time that may not be less than 2 years. ./Mr_Harry_White.pdf- ./Mr_Harry_White.pdf-The Advice indicates that there are behaviours that, if proved, would militate against the ./Mr_Harry_White.pdf:recommendation of a review period. One of these behaviours include serious sexual ./Mr_Harry_White.pdf:misconduct, such as where the act was sexually motivated and resulted in, or had the ./Mr_Harry_White.pdf-potential to result in, harm to a person or persons, particularly where the individual has ./Mr_Harry_White.pdf-used his professional position to influence or exploit a person or persons. The panel ./Mr_Harry_White.pdf:found that Mr White was responsible for serious sexual misconduct. ./Mr_Harry_White.pdf- ./Mr_Harry_White.pdf-The panel decided that the findings indicated a situation in which a review period would ./Mr_Harry_White.pdf-not be appropriate and, as such, decided that it would be proportionate, in all the ./Mr_Harry_White.pdf-circumstances, for the prohibition order to be recommended without provisions for a ./Mr_Harry_White.pdf-review period. ./Mr_Harry_White.pdf- ./Mr_Harry_White.pdf- ./Mr_Harry_White.pdf- ./Mr_Harry_White.pdf- ./Mr_Harry_White.pdf- 23 -- ./Mr_Harry_White.pdf- practices of the College in which they teach, and maintain high standards in their ./Mr_Harry_White.pdf- own attendance and punctuality. ./Mr_Harry_White.pdf- ./Mr_Harry_White.pdf- • Teachers must have an understanding of, and always act within, the statutory ./Mr_Harry_White.pdf- frameworks which set out their professional duties and responsibilities. ./Mr_Harry_White.pdf- ./Mr_Harry_White.pdf-The panel finds that the conduct of Mr White fell significantly short of the standards ./Mr_Harry_White.pdf-expected of the profession. ./Mr_Harry_White.pdf- ./Mr_Harry_White.pdf-The findings of misconduct are particularly serious as they include a number of findings ./Mr_Harry_White.pdf:including, serious sexual misconduct, which was sexually motivated, failure to act with ./Mr_Harry_White.pdf-integrity, failure to follow school policies and procedures, failure to observe proper ./Mr_Harry_White.pdf-boundaries with pupils, failure to take appropriate steps to safeguard wellbeing of pupils. ./Mr_Harry_White.pdf- ./Mr_Harry_White.pdf-I have to determine whether the imposition of a prohibition order is proportionate and in ./Mr_Harry_White.pdf-the public interest. In considering that for this case, I have considered the overall aim of a ./Mr_Harry_White.pdf-prohibition order which is to protect pupils and to maintain public confidence in the ./Mr_Harry_White.pdf- ./Mr_Harry_White.pdf- 24 ./Mr_Harry_White.pdf- -- ./Mr_Harry_White.pdf-There was limited information from the panel on evidence of insight and remorse, ./Mr_Harry_White.pdf-although I have taken into account the panel’s comments, “the evidence presented to the ./Mr_Harry_White.pdf-panel indicated that Mr White placed some degree and responsibility on Pupil A which ./Mr_Harry_White.pdf-demonstrated an unacceptable lack of insight into his conduct and significant impact this ./Mr_Harry_White.pdf-had on Pupil A”. In my judgement, the lack of insight means that there is some risk of the ./Mr_Harry_White.pdf-repetition of this behaviour and this puts pupils at risk. I have therefore given this element ./Mr_Harry_White.pdf-considerable weight in reaching my decision. ./Mr_Harry_White.pdf- ./Mr_Harry_White.pdf-I have gone on to consider the extent to which a prohibition order would maintain public ./Mr_Harry_White.pdf-confidence in the profession. The panel observe, “In the light of the panel’s findings ./Mr_Harry_White.pdf:against Mr White, which involved sexual misconduct and which had been part of a ./Mr_Harry_White.pdf-continuous pattern of extensive behaviour, consistent with the characteristics of ./Mr_Harry_White.pdf-grooming, the panel determined there was a strong public interest consideration in ./Mr_Harry_White.pdf-respect of the protection of pupils”. I am particularly mindful of the finding of prolonged ./Mr_Harry_White.pdf:and serious sexual misconduct in this case and the impact that such a finding has on the ./Mr_Harry_White.pdf-reputation of the profession. ./Mr_Harry_White.pdf- ./Mr_Harry_White.pdf-I have had to consider that the public has a high expectation of professional standards of ./Mr_Harry_White.pdf-all teachers and that the public might regard a failure to impose a prohibition order as a ./Mr_Harry_White.pdf-failure to uphold those high standards. In weighing these considerations, I have had to ./Mr_Harry_White.pdf-consider the matter from the point of view of an “ordinary intelligent and well-informed ./Mr_Harry_White.pdf-citizen.” ./Mr_Harry_White.pdf- ./Mr_Harry_White.pdf- ./Mr_Harry_White.pdf- -- ./Mr_Harry_White.pdf- ./Mr_Harry_White.pdf-I have also considered the impact of a prohibition order on Mr White himself. The panel ./Mr_Harry_White.pdf-comment “The panel noted that Mr White had provided some written character ./Mr_Harry_White.pdf-references that could attest to his history and ability as a teacher”. ./Mr_Harry_White.pdf- ./Mr_Harry_White.pdf-A prohibition order would prevent Mr White from teaching. A prohibition order would also ./Mr_Harry_White.pdf-clearly deprive the public of his contribution to the profession for the period that it is in ./Mr_Harry_White.pdf-force. ./Mr_Harry_White.pdf- ./Mr_Harry_White.pdf-In this case, I have placed considerable weight on the panel’s comments concerning ./Mr_Harry_White.pdf:sexual misconduct. The panel has said, “In the light of the panel’s findings against Mr ./Mr_Harry_White.pdf:White, which involved sexual misconduct and which had been part of a continuous ./Mr_Harry_White.pdf-pattern of extensive behaviour, consistent with the characteristics of grooming, the panel ./Mr_Harry_White.pdf-determined there was a strong public interest consideration in respect of the protection of ./Mr_Harry_White.pdf-pupils”. ./Mr_Harry_White.pdf- ./Mr_Harry_White.pdf-I have also placed considerable weight on the finding of the panel that Mr White’s actions ./Mr_Harry_White.pdf-were deliberate and calculated. The panel considered that Mr White was an experienced ./Mr_Harry_White.pdf-teacher who had extensive training in safeguarding and would have been fully aware that ./Mr_Harry_White.pdf-the conduct he embarked on was wholly inappropriate. ./Mr_Harry_White.pdf- ./Mr_Harry_White.pdf-I have given less weight in my consideration of sanction therefore, to the contribution that -- ./Mr_Harry_White.pdf-profession. ./Mr_Harry_White.pdf- ./Mr_Harry_White.pdf-For these reasons, I have concluded that a prohibition order is proportionate and in the ./Mr_Harry_White.pdf-public interest in order to achieve the intended aims of a prohibition order. ./Mr_Harry_White.pdf- ./Mr_Harry_White.pdf-I have gone on to consider the matter of a review period. In this case, the panel has ./Mr_Harry_White.pdf-recommended that no provision should be made for a review period. ./Mr_Harry_White.pdf- ./Mr_Harry_White.pdf-I have considered the panel’s comments “The Advice indicates that there are behaviours ./Mr_Harry_White.pdf-that, if proved, would militate against the recommendation of a review period. One of ./Mr_Harry_White.pdf:these behaviours include serious sexual misconduct, such as where the act was sexually ./Mr_Harry_White.pdf-motivated and resulted in, or had the potential to result in, harm to a person or persons, ./Mr_Harry_White.pdf-particularly where the individual has used his professional position to influence or exploit ./Mr_Harry_White.pdf:a person or persons. The panel found that Mr White was responsible for serious sexual ./Mr_Harry_White.pdf-misconduct”. ./Mr_Harry_White.pdf- ./Mr_Harry_White.pdf- 26 ./Mr_Harry_White.pdf- -- ./Mr_Harry_White.pdf-I have considered whether not allowing for a review period reflects the seriousness of the ./Mr_Harry_White.pdf-findings and is a proportionate period to achieve the aim of maintaining public confidence ./Mr_Harry_White.pdf:in the profession. In this case, due to the serious sexual misconduct found proven over a ./Mr_Harry_White.pdf-prolonged period, with little evidence of insight and remorse, it means that a two-year ./Mr_Harry_White.pdf-review period is not sufficient to achieve the aim of maintaining public confidence in the ./Mr_Harry_White.pdf-profession. ./Mr_Harry_White.pdf- ./Mr_Harry_White.pdf-I consider therefore that allowing for no review period is necessary to maintain public ./Mr_Harry_White.pdf-confidence and is proportionate and in the public interest. ./Mr_Harry_White.pdf- ./Mr_Harry_White.pdf-This means that Mr Harry White is prohibited from teaching indefinitely and cannot ./Mr_Harry_White.pdf-teach in any school, sixth form college, relevant youth accommodation or ./Mr_Harry_White.pdf-children’s home in England. Furthermore, in view of the seriousness of the allegations ./Mr_James_Butterworth-Smith_-_professional_conduct_panel_outcome.pdf- ./Mr_James_Butterworth-Smith_-_professional_conduct_panel_outcome.pdf-It was alleged that you, James Butterworth-Smith, are guilty of unacceptable professional ./Mr_James_Butterworth-Smith_-_professional_conduct_panel_outcome.pdf-conduct and/or conduct that may bring the profession into disrepute in that you: ./Mr_James_Butterworth-Smith_-_professional_conduct_panel_outcome.pdf- ./Mr_James_Butterworth-Smith_-_professional_conduct_panel_outcome.pdf- 1. failed to maintain appropriate professional boundaries toward and/or engaged in ./Mr_James_Butterworth-Smith_-_professional_conduct_panel_outcome.pdf- an inappropriate relationship with Pupil A, in or around 2017 - 2018, including in ./Mr_James_Butterworth-Smith_-_professional_conduct_panel_outcome.pdf- that you: ./Mr_James_Butterworth-Smith_-_professional_conduct_panel_outcome.pdf- ./Mr_James_Butterworth-Smith_-_professional_conduct_panel_outcome.pdf- a. corresponded with Pupil A by text message; ./Mr_James_Butterworth-Smith_-_professional_conduct_panel_outcome.pdf- b. allowed Pupil A entry to your flat ./Mr_James_Butterworth-Smith_-_professional_conduct_panel_outcome.pdf: c. engaged in sexual activity with Pupil A on one occasion or more ./Mr_James_Butterworth-Smith_-_professional_conduct_panel_outcome.pdf- ./Mr_James_Butterworth-Smith_-_professional_conduct_panel_outcome.pdf- 2. Your conduct as may be found proven at allegation 1: ./Mr_James_Butterworth-Smith_-_professional_conduct_panel_outcome.pdf- ./Mr_James_Butterworth-Smith_-_professional_conduct_panel_outcome.pdf: a. was sexually motivated; ./Mr_James_Butterworth-Smith_-_professional_conduct_panel_outcome.pdf- b. demonstrated a lack of insight into previous advice and/or guidance you ./Mr_James_Butterworth-Smith_-_professional_conduct_panel_outcome.pdf- had been given by the school between and/or around August to ./Mr_James_Butterworth-Smith_-_professional_conduct_panel_outcome.pdf- September 2017. ./Mr_James_Butterworth-Smith_-_professional_conduct_panel_outcome.pdf- ./Mr_James_Butterworth-Smith_-_professional_conduct_panel_outcome.pdf-Mr Butterworth-Smith admitted the allegations and that the admitted conduct amounted ./Mr_James_Butterworth-Smith_-_professional_conduct_panel_outcome.pdf-to unacceptable professional conduct and conduct likely to bring the profession into ./Mr_James_Butterworth-Smith_-_professional_conduct_panel_outcome.pdf-disrepute within a statement of agreed facts dated 14 May 2021. ./Mr_James_Butterworth-Smith_-_professional_conduct_panel_outcome.pdf- ./Mr_James_Butterworth-Smith_-_professional_conduct_panel_outcome.pdf- ./Mr_James_Butterworth-Smith_-_professional_conduct_panel_outcome.pdf-Preliminary applications -- ./Mr_James_Butterworth-Smith_-_professional_conduct_panel_outcome.pdf- ./Mr_James_Butterworth-Smith_-_professional_conduct_panel_outcome.pdf- • On 29 June 2018 he engaged in a conversation via text with Pupil A and at 15.24 ./Mr_James_Butterworth-Smith_-_professional_conduct_panel_outcome.pdf- invited her to his flat. ./Mr_James_Butterworth-Smith_-_professional_conduct_panel_outcome.pdf- ./Mr_James_Butterworth-Smith_-_professional_conduct_panel_outcome.pdf- b. allowed Pupil A entry to your flat ./Mr_James_Butterworth-Smith_-_professional_conduct_panel_outcome.pdf- ./Mr_James_Butterworth-Smith_-_professional_conduct_panel_outcome.pdf-In regard to allegation 1.b the panel found that on 31 July 2017 as well as 29 and 30 ./Mr_James_Butterworth-Smith_-_professional_conduct_panel_outcome.pdf-June 2018 Mr Butterworth-Smith allowed Pupil A to enter his flat which was on school ./Mr_James_Butterworth-Smith_-_professional_conduct_panel_outcome.pdf-grounds. ./Mr_James_Butterworth-Smith_-_professional_conduct_panel_outcome.pdf- ./Mr_James_Butterworth-Smith_-_professional_conduct_panel_outcome.pdf: c. engaged in sexual activity with Pupil A on one occasion or more ./Mr_James_Butterworth-Smith_-_professional_conduct_panel_outcome.pdf- ./Mr_James_Butterworth-Smith_-_professional_conduct_panel_outcome.pdf:In respect of allegation 1.c the panel found that Mr Butterworth-Smith engaged in sexual ./Mr_James_Butterworth-Smith_-_professional_conduct_panel_outcome.pdf-activity with Pupil A on both 29 and 30 June 2018. ./Mr_James_Butterworth-Smith_-_professional_conduct_panel_outcome.pdf- ./Mr_James_Butterworth-Smith_-_professional_conduct_panel_outcome.pdf- ./Mr_James_Butterworth-Smith_-_professional_conduct_panel_outcome.pdf- ./Mr_James_Butterworth-Smith_-_professional_conduct_panel_outcome.pdf- ./Mr_James_Butterworth-Smith_-_professional_conduct_panel_outcome.pdf- 6 ./Mr_James_Butterworth-Smith_-_professional_conduct_panel_outcome.pdf- -- ./Mr_James_Butterworth-Smith_-_professional_conduct_panel_outcome.pdf- 2. Your conduct as may be found proven at allegation 1: ./Mr_James_Butterworth-Smith_-_professional_conduct_panel_outcome.pdf- ./Mr_James_Butterworth-Smith_-_professional_conduct_panel_outcome.pdf: a. was sexually motivated; ./Mr_James_Butterworth-Smith_-_professional_conduct_panel_outcome.pdf- ./Mr_James_Butterworth-Smith_-_professional_conduct_panel_outcome.pdf-In regard to allegation 2.a the panel found that Mr Butterworth-Smith's actions of ./Mr_James_Butterworth-Smith_-_professional_conduct_panel_outcome.pdf:engaging in sexual activity with Pupil A on 29 and 30 June 2018 were sexually motivated. ./Mr_James_Butterworth-Smith_-_professional_conduct_panel_outcome.pdf- ./Mr_James_Butterworth-Smith_-_professional_conduct_panel_outcome.pdf- b. demonstrated a lack of insight into previous advice and/or guidance you ./Mr_James_Butterworth-Smith_-_professional_conduct_panel_outcome.pdf- had been given by the school between and/or around August to ./Mr_James_Butterworth-Smith_-_professional_conduct_panel_outcome.pdf- September 2017. ./Mr_James_Butterworth-Smith_-_professional_conduct_panel_outcome.pdf- ./Mr_James_Butterworth-Smith_-_professional_conduct_panel_outcome.pdf-In respect of allegation 2.b, the panel found that Individual A had spoken to Mr ./Mr_James_Butterworth-Smith_-_professional_conduct_panel_outcome.pdf-Butterworth Smith about professional boundaries in August 2017 and that by letter dated ./Mr_James_Butterworth-Smith_-_professional_conduct_panel_outcome.pdf-25 September 2017 Mr Butterworth-Smith had been advised about professional ./Mr_James_Butterworth-Smith_-_professional_conduct_panel_outcome.pdf-boundaries. In this context the panel considered that Mr Butterworth-Smith's conduct as ./Mr_James_Butterworth-Smith_-_professional_conduct_panel_outcome.pdf-found proven at allegation 1.a, 1.b and 1.c to show a lack of insight into the previous -- ./Mr_James_Butterworth-Smith_-_professional_conduct_panel_outcome.pdf-Moreover, the conduct was aggravated, in the panel's view, by the fact that it took place ./Mr_James_Butterworth-Smith_-_professional_conduct_panel_outcome.pdf-on school premises, that Mr Butterworth-Smith was in a position of trust and he had ./Mr_James_Butterworth-Smith_-_professional_conduct_panel_outcome.pdf-previously received guidance as to maintaining professional boundaries with pupils. ./Mr_James_Butterworth-Smith_-_professional_conduct_panel_outcome.pdf- ./Mr_James_Butterworth-Smith_-_professional_conduct_panel_outcome.pdf-As well as being in breach of the Teachers' Standards, his conduct was also contrary to ./Mr_James_Butterworth-Smith_-_professional_conduct_panel_outcome.pdf-the School's Code of Conduct which required professional boundaries to be maintained ./Mr_James_Butterworth-Smith_-_professional_conduct_panel_outcome.pdf:and forbade sexual relationships between teachers and pupils. ./Mr_James_Butterworth-Smith_-_professional_conduct_panel_outcome.pdf- ./Mr_James_Butterworth-Smith_-_professional_conduct_panel_outcome.pdf-The panel was, therefore, satisfied that the conduct of Mr Butterworth-Smith amounted to ./Mr_James_Butterworth-Smith_-_professional_conduct_panel_outcome.pdf-misconduct of a serious nature which fell significantly short of the standards expected of ./Mr_James_Butterworth-Smith_-_professional_conduct_panel_outcome.pdf-the profession. The panel, therefore, considered Mr Butterworth Smith to have been ./Mr_James_Butterworth-Smith_-_professional_conduct_panel_outcome.pdf-guilty of unacceptable professional conduct. ./Mr_James_Butterworth-Smith_-_professional_conduct_panel_outcome.pdf- ./Mr_James_Butterworth-Smith_-_professional_conduct_panel_outcome.pdf-The panel took into account the way the teaching profession is viewed by others and ./Mr_James_Butterworth-Smith_-_professional_conduct_panel_outcome.pdf-considered the influence that teachers may have on pupils, parents and others in the ./Mr_James_Butterworth-Smith_-_professional_conduct_panel_outcome.pdf-community. The panel also took account of the uniquely influential role that teachers can ./Mr_James_Butterworth-Smith_-_professional_conduct_panel_outcome.pdf-hold in pupils’ lives and the fact that pupils must be able to view teachers as role models -- ./Mr_James_Butterworth-Smith_-_professional_conduct_panel_outcome.pdf- • the maintenance of public confidence in the profession; ./Mr_James_Butterworth-Smith_-_professional_conduct_panel_outcome.pdf- ./Mr_James_Butterworth-Smith_-_professional_conduct_panel_outcome.pdf- • declaring and upholding proper standards of conduct; ./Mr_James_Butterworth-Smith_-_professional_conduct_panel_outcome.pdf- ./Mr_James_Butterworth-Smith_-_professional_conduct_panel_outcome.pdf- • the interest of retaining the teacher in the profession. ./Mr_James_Butterworth-Smith_-_professional_conduct_panel_outcome.pdf- ./Mr_James_Butterworth-Smith_-_professional_conduct_panel_outcome.pdf-Mr Butterworth-Smith has been found to have failed to maintain appropriate professional ./Mr_James_Butterworth-Smith_-_professional_conduct_panel_outcome.pdf-boundaries and to have had an inappropriate relationship with Pupil A. This conduct ./Mr_James_Butterworth-Smith_-_professional_conduct_panel_outcome.pdf-included communication with Pupil A via his personal mobile, Pupil A attending his flat ./Mr_James_Butterworth-Smith_-_professional_conduct_panel_outcome.pdf:within the School grounds and ultimately having sex with Pupil A on 29 and 30 June ./Mr_James_Butterworth-Smith_-_professional_conduct_panel_outcome.pdf-2018. ./Mr_James_Butterworth-Smith_-_professional_conduct_panel_outcome.pdf- ./Mr_James_Butterworth-Smith_-_professional_conduct_panel_outcome.pdf-In the light of the panel's findings as to Mr Butterworth-Smith's conduct towards Pupil A, ./Mr_James_Butterworth-Smith_-_professional_conduct_panel_outcome.pdf-the panel considered that there was a strong public interest in respect of the protection of ./Mr_James_Butterworth-Smith_-_professional_conduct_panel_outcome.pdf-pupils. ./Mr_James_Butterworth-Smith_-_professional_conduct_panel_outcome.pdf- ./Mr_James_Butterworth-Smith_-_professional_conduct_panel_outcome.pdf-Moreover, the panel concluded that the conduct was of such gravity that public ./Mr_James_Butterworth-Smith_-_professional_conduct_panel_outcome.pdf-confidence in the profession could be seriously weakened if such conduct were not ./Mr_James_Butterworth-Smith_-_professional_conduct_panel_outcome.pdf-treated with the utmost seriousness when regulating the profession. ./Mr_James_Butterworth-Smith_-_professional_conduct_panel_outcome.pdf- -- ./Mr_James_Butterworth-Smith_-_professional_conduct_panel_outcome.pdf-  abuse of position or trust (particularly involving vulnerable pupils) or violation of the ./Mr_James_Butterworth-Smith_-_professional_conduct_panel_outcome.pdf- rights of pupils; ./Mr_James_Butterworth-Smith_-_professional_conduct_panel_outcome.pdf- ./Mr_James_Butterworth-Smith_-_professional_conduct_panel_outcome.pdf:  sexual misconduct, for example, involving actions that were sexually motivated or ./Mr_James_Butterworth-Smith_-_professional_conduct_panel_outcome.pdf: of a sexual nature and/or that use or exploit the trust, knowledge or influence ./Mr_James_Butterworth-Smith_-_professional_conduct_panel_outcome.pdf- derived from the individual’s professional position. ./Mr_James_Butterworth-Smith_-_professional_conduct_panel_outcome.pdf- ./Mr_James_Butterworth-Smith_-_professional_conduct_panel_outcome.pdf-The most serious and concerning conduct was that which took place on 29 and 30 June ./Mr_James_Butterworth-Smith_-_professional_conduct_panel_outcome.pdf:2018 where Mr Butterworth-Smith invited Pupil A to his flat and then had sex with her ./Mr_James_Butterworth-Smith_-_professional_conduct_panel_outcome.pdf-twice. In August and September 2017 Mr Butterworth-Smith had been given guidance ./Mr_James_Butterworth-Smith_-_professional_conduct_panel_outcome.pdf-and advice about the need to maintain appropriate boundaries with pupils. The need for ./Mr_James_Butterworth-Smith_-_professional_conduct_panel_outcome.pdf-this guidance had arisen as a result of Pupil A being seen to leave Mr Butterworth- ./Mr_James_Butterworth-Smith_-_professional_conduct_panel_outcome.pdf-Smith's flat and Mr Butterworth-Smith texting Pupil A. Although that guidance was not ./Mr_James_Butterworth-Smith_-_professional_conduct_panel_outcome.pdf:within the context of sexual conduct it was something which, in the panel's view, was an ./Mr_James_Butterworth-Smith_-_professional_conduct_panel_outcome.pdf-aggravating feature. ./Mr_James_Butterworth-Smith_-_professional_conduct_panel_outcome.pdf- ./Mr_James_Butterworth-Smith_-_professional_conduct_panel_outcome.pdf-Mr Butterworth-Smith has made full admissions to the allegations and has apologised for ./Mr_James_Butterworth-Smith_-_professional_conduct_panel_outcome.pdf-his actions. The panel took these admissions into account and acknowledged that Mr ./Mr_James_Butterworth-Smith_-_professional_conduct_panel_outcome.pdf-Butterworth-Smith genuinely regrets his actions and the effect that they have had on ./Mr_James_Butterworth-Smith_-_professional_conduct_panel_outcome.pdf-himself and others. ./Mr_James_Butterworth-Smith_-_professional_conduct_panel_outcome.pdf- ./Mr_James_Butterworth-Smith_-_professional_conduct_panel_outcome.pdf-The panel considered that the following mitigating features applied in this case: ./Mr_James_Butterworth-Smith_-_professional_conduct_panel_outcome.pdf- ./Mr_James_Butterworth-Smith_-_professional_conduct_panel_outcome.pdf- • Mr Butterworth-Smith has a previously good history; -- ./Mr_James_Butterworth-Smith_-_professional_conduct_panel_outcome.pdf-The panel did take into account [REDACTED] and considered that this was a somewhat ./Mr_James_Butterworth-Smith_-_professional_conduct_panel_outcome.pdf-mitigating feature but that it did not absolve him from responsibility for such a serious ./Mr_James_Butterworth-Smith_-_professional_conduct_panel_outcome.pdf-transgression of what was an acceptable way to behave to Pupil A. ./Mr_James_Butterworth-Smith_-_professional_conduct_panel_outcome.pdf- ./Mr_James_Butterworth-Smith_-_professional_conduct_panel_outcome.pdf-The panel considered the issue of Pupil A's status as a pupil on 29 and 30 June 2018. It ./Mr_James_Butterworth-Smith_-_professional_conduct_panel_outcome.pdf-was accepted that Pupil A was a pupil at the School on these dates and that Mr ./Mr_James_Butterworth-Smith_-_professional_conduct_panel_outcome.pdf-Butterworth-Smith's conduct was not appropriate and was unacceptable. However, it was ./Mr_James_Butterworth-Smith_-_professional_conduct_panel_outcome.pdf:submitted on Mr Butterworth-Smith’s behalf that what took place was sex between two ./Mr_James_Butterworth-Smith_-_professional_conduct_panel_outcome.pdf-consenting adults because although Pupil A remained on the School roll, she had left the ./Mr_James_Butterworth-Smith_-_professional_conduct_panel_outcome.pdf-School and was not being taught by Mr Butterworth-Smith. The panel rejected this ./Mr_James_Butterworth-Smith_-_professional_conduct_panel_outcome.pdf:assessment of the conduct and took the view that what took place was sexual relations ./Mr_James_Butterworth-Smith_-_professional_conduct_panel_outcome.pdf-between a teacher and a current pupil. This was not, therefore, considered to be a ./Mr_James_Butterworth-Smith_-_professional_conduct_panel_outcome.pdf-mitigating feature. ./Mr_James_Butterworth-Smith_-_professional_conduct_panel_outcome.pdf- ./Mr_James_Butterworth-Smith_-_professional_conduct_panel_outcome.pdf-The panel also took into account the number of positive testimonials submitted in support ./Mr_James_Butterworth-Smith_-_professional_conduct_panel_outcome.pdf-of Mr Butterworth-Smith which attested both to the difficulties he has experienced ./Mr_James_Butterworth-Smith_-_professional_conduct_panel_outcome.pdf-[REDACTED] and his positive qualities as a person, a teacher and a musician. ./Mr_James_Butterworth-Smith_-_professional_conduct_panel_outcome.pdf- ./Mr_James_Butterworth-Smith_-_professional_conduct_panel_outcome.pdf-The panel first considered whether it would be proportionate to conclude this case with ./Mr_James_Butterworth-Smith_-_professional_conduct_panel_outcome.pdf-no recommendation of prohibition, considering whether the publication of the findings ./Mr_James_Butterworth-Smith_-_professional_conduct_panel_outcome.pdf-made by the panel would be sufficient. -- ./Mr_James_Butterworth-Smith_-_professional_conduct_panel_outcome.pdf- ./Mr_James_Butterworth-Smith_-_professional_conduct_panel_outcome.pdf-Accordingly, the panel made a recommendation to the Secretary of State that a ./Mr_James_Butterworth-Smith_-_professional_conduct_panel_outcome.pdf-prohibition order should be imposed with immediate effect. ./Mr_James_Butterworth-Smith_-_professional_conduct_panel_outcome.pdf- ./Mr_James_Butterworth-Smith_-_professional_conduct_panel_outcome.pdf-The panel went on to consider whether or not it would be appropriate for it to decide to ./Mr_James_Butterworth-Smith_-_professional_conduct_panel_outcome.pdf-recommend a review period of the order. The panel was mindful that the Advice states ./Mr_James_Butterworth-Smith_-_professional_conduct_panel_outcome.pdf-that a prohibition order applies for life, but there may be circumstances, in any given ./Mr_James_Butterworth-Smith_-_professional_conduct_panel_outcome.pdf-case, that may make it appropriate to allow a teacher to apply to have the prohibition ./Mr_James_Butterworth-Smith_-_professional_conduct_panel_outcome.pdf-order reviewed after a specified period of time that may not be less than 2 years. ./Mr_James_Butterworth-Smith_-_professional_conduct_panel_outcome.pdf- ./Mr_James_Butterworth-Smith_-_professional_conduct_panel_outcome.pdf:The panel considered that having sex with a pupil was towards the most serious end of ./Mr_James_Butterworth-Smith_-_professional_conduct_panel_outcome.pdf-the spectrum of failures to maintain appropriate professional boundaries and, as set out ./Mr_James_Butterworth-Smith_-_professional_conduct_panel_outcome.pdf-above, considered that this conduct was aggravated by the fact of the previous ./Mr_James_Butterworth-Smith_-_professional_conduct_panel_outcome.pdf-advice/guidance on maintaining boundaries with pupils. The panel considered this to be ./Mr_James_Butterworth-Smith_-_professional_conduct_panel_outcome.pdf- ./Mr_James_Butterworth-Smith_-_professional_conduct_panel_outcome.pdf- 11 ./Mr_James_Butterworth-Smith_-_professional_conduct_panel_outcome.pdf- -- ./Mr_James_Butterworth-Smith_-_professional_conduct_panel_outcome.pdf:serious sexual misconduct in that it was sexually motivated and had the potential to ./Mr_James_Butterworth-Smith_-_professional_conduct_panel_outcome.pdf-cause serious harm to Pupil A. ./Mr_James_Butterworth-Smith_-_professional_conduct_panel_outcome.pdf- ./Mr_James_Butterworth-Smith_-_professional_conduct_panel_outcome.pdf-Further, whilst the panel acknowledged that Mr Butterworth-Smith was remorseful and ./Mr_James_Butterworth-Smith_-_professional_conduct_panel_outcome.pdf-had made admissions, the panel was not satisfied that there was adequate evidence of ./Mr_James_Butterworth-Smith_-_professional_conduct_panel_outcome.pdf-insight into his behaviour. In particular, the panel did not consider that Mr Butterworth- ./Mr_James_Butterworth-Smith_-_professional_conduct_panel_outcome.pdf-Smith had presented adequate evidence of how he would act differently in the future. ./Mr_James_Butterworth-Smith_-_professional_conduct_panel_outcome.pdf-Therefore, the panel was unable to rule out the risk of a repetition of the conduct should ./Mr_James_Butterworth-Smith_-_professional_conduct_panel_outcome.pdf-Mr Butterworth-Smith be faced with similar pressures again. The panel decided that the ./Mr_James_Butterworth-Smith_-_professional_conduct_panel_outcome.pdf-findings indicated a situation in which a review period would not be appropriate and, as ./Mr_James_Butterworth-Smith_-_professional_conduct_panel_outcome.pdf-such, decided that it would be proportionate, in all the circumstances, for the prohibition -- ./Mr_James_Butterworth-Smith_-_professional_conduct_panel_outcome.pdf- o treating pupils with dignity, building relationships rooted in mutual respect, ./Mr_James_Butterworth-Smith_-_professional_conduct_panel_outcome.pdf- and at all times observing proper boundaries appropriate to a teacher’s ./Mr_James_Butterworth-Smith_-_professional_conduct_panel_outcome.pdf- professional position ./Mr_James_Butterworth-Smith_-_professional_conduct_panel_outcome.pdf- ./Mr_James_Butterworth-Smith_-_professional_conduct_panel_outcome.pdf- o having regard for the need to safeguard pupils’ well-being, in accordance ./Mr_James_Butterworth-Smith_-_professional_conduct_panel_outcome.pdf- with statutory provisions ./Mr_James_Butterworth-Smith_-_professional_conduct_panel_outcome.pdf- ./Mr_James_Butterworth-Smith_-_professional_conduct_panel_outcome.pdf-  Teachers must have proper and professional regard for the ethos, policies and ./Mr_James_Butterworth-Smith_-_professional_conduct_panel_outcome.pdf- practices of the school in which they teach… ./Mr_James_Butterworth-Smith_-_professional_conduct_panel_outcome.pdf- ./Mr_James_Butterworth-Smith_-_professional_conduct_panel_outcome.pdf:The findings of misconduct are particularly serious as they include a finding of sexual ./Mr_James_Butterworth-Smith_-_professional_conduct_panel_outcome.pdf-misconduct. ./Mr_James_Butterworth-Smith_-_professional_conduct_panel_outcome.pdf- ./Mr_James_Butterworth-Smith_-_professional_conduct_panel_outcome.pdf- 12 ./Mr_James_Butterworth-Smith_-_professional_conduct_panel_outcome.pdf- -- ./Mr_James_Butterworth-Smith_-_professional_conduct_panel_outcome.pdf- ./Mr_James_Butterworth-Smith_-_professional_conduct_panel_outcome.pdf-I have gone on to consider the extent to which a prohibition order would maintain public ./Mr_James_Butterworth-Smith_-_professional_conduct_panel_outcome.pdf-confidence in the profession. The panel observe that it, “also took account of the uniquely ./Mr_James_Butterworth-Smith_-_professional_conduct_panel_outcome.pdf-influential role that teachers can hold in pupils’ lives and the fact that pupils must be able ./Mr_James_Butterworth-Smith_-_professional_conduct_panel_outcome.pdf-to view teachers as role models in the way that they behave.” ./Mr_James_Butterworth-Smith_-_professional_conduct_panel_outcome.pdf- ./Mr_James_Butterworth-Smith_-_professional_conduct_panel_outcome.pdf-The findings of misconduct are serious, and the conduct displayed would be likely to ./Mr_James_Butterworth-Smith_-_professional_conduct_panel_outcome.pdf-have a negative impact on the individual’s status as a teacher and on the reputation of ./Mr_James_Butterworth-Smith_-_professional_conduct_panel_outcome.pdf-the profession as a whole. ./Mr_James_Butterworth-Smith_-_professional_conduct_panel_outcome.pdf- ./Mr_James_Butterworth-Smith_-_professional_conduct_panel_outcome.pdf:I am particularly mindful of the finding of sexual misconduct in this case and the impact ./Mr_James_Butterworth-Smith_-_professional_conduct_panel_outcome.pdf-that such a finding has on the reputation of the profession. ./Mr_James_Butterworth-Smith_-_professional_conduct_panel_outcome.pdf- ./Mr_James_Butterworth-Smith_-_professional_conduct_panel_outcome.pdf-I have had to consider that the public has a high expectation of professional standards of ./Mr_James_Butterworth-Smith_-_professional_conduct_panel_outcome.pdf-all teachers and that the public might regard a failure to impose a prohibition order as a ./Mr_James_Butterworth-Smith_-_professional_conduct_panel_outcome.pdf- ./Mr_James_Butterworth-Smith_-_professional_conduct_panel_outcome.pdf- ./Mr_James_Butterworth-Smith_-_professional_conduct_panel_outcome.pdf- 13 ./Mr_James_Butterworth-Smith_-_professional_conduct_panel_outcome.pdf- -- ./Mr_James_Butterworth-Smith_-_professional_conduct_panel_outcome.pdf-The panel comment that it, “took into account the number of positive testimonials ./Mr_James_Butterworth-Smith_-_professional_conduct_panel_outcome.pdf-submitted in support of Mr Butterworth-Smith which attested both to the difficulties he has ./Mr_James_Butterworth-Smith_-_professional_conduct_panel_outcome.pdf-experienced [REDACTED] and his positive qualities as a person, a teacher and a ./Mr_James_Butterworth-Smith_-_professional_conduct_panel_outcome.pdf-musician.” ./Mr_James_Butterworth-Smith_-_professional_conduct_panel_outcome.pdf- ./Mr_James_Butterworth-Smith_-_professional_conduct_panel_outcome.pdf-A prohibition order would prevent Mr Butterworth-Smith from teaching and would also ./Mr_James_Butterworth-Smith_-_professional_conduct_panel_outcome.pdf-clearly deprive the public of his contribution to the profession for the period that it is in ./Mr_James_Butterworth-Smith_-_professional_conduct_panel_outcome.pdf-force. ./Mr_James_Butterworth-Smith_-_professional_conduct_panel_outcome.pdf- ./Mr_James_Butterworth-Smith_-_professional_conduct_panel_outcome.pdf-In this case, I have placed considerable weight on the panel’s comments “considered that ./Mr_James_Butterworth-Smith_-_professional_conduct_panel_outcome.pdf:having sex with a pupil was towards the most serious end of the spectrum of failures to ./Mr_James_Butterworth-Smith_-_professional_conduct_panel_outcome.pdf-maintain appropriate professional boundaries and, as set out above, considered that this ./Mr_James_Butterworth-Smith_-_professional_conduct_panel_outcome.pdf-conduct was aggravated by the fact of the previous advice/guidance on maintaining ./Mr_James_Butterworth-Smith_-_professional_conduct_panel_outcome.pdf:boundaries with pupils. The panel considered this to be serious sexual misconduct in that ./Mr_James_Butterworth-Smith_-_professional_conduct_panel_outcome.pdf:it was sexually motivated and had the potential to cause serious harm to Pupil A.” ./Mr_James_Butterworth-Smith_-_professional_conduct_panel_outcome.pdf- ./Mr_James_Butterworth-Smith_-_professional_conduct_panel_outcome.pdf-I have given less weight in my consideration of sanction therefore, to the contribution that ./Mr_James_Butterworth-Smith_-_professional_conduct_panel_outcome.pdf-Mr Butterworth-Smith has made to the profession. In my view, it is necessary to impose a ./Mr_James_Butterworth-Smith_-_professional_conduct_panel_outcome.pdf-prohibition order in order to maintain public confidence in the profession. A published ./Mr_James_Butterworth-Smith_-_professional_conduct_panel_outcome.pdf-decision, in light of the circumstances in this case, that is not backed up by full and ./Mr_James_Butterworth-Smith_-_professional_conduct_panel_outcome.pdf-complete insight, does not in my view satisfy the public interest requirement concerning ./Mr_James_Butterworth-Smith_-_professional_conduct_panel_outcome.pdf-public confidence in the profession. ./Mr_James_Butterworth-Smith_-_professional_conduct_panel_outcome.pdf- ./Mr_James_Butterworth-Smith_-_professional_conduct_panel_outcome.pdf-For these reasons, I have concluded that a prohibition order is proportionate and in the ./Mr_James_Butterworth-Smith_-_professional_conduct_panel_outcome.pdf-public interest in order to achieve the intended aims of a prohibition order. -- ./Mr_James_Butterworth-Smith_-_professional_conduct_panel_outcome.pdf-I have considered whether allowing for no review reflects the seriousness of the findings ./Mr_James_Butterworth-Smith_-_professional_conduct_panel_outcome.pdf-and is proportionate and necessary to achieve the aim of maintaining public confidence ./Mr_James_Butterworth-Smith_-_professional_conduct_panel_outcome.pdf-in the profession. In this case, the factors which mean that a no review is proportionate ./Mr_James_Butterworth-Smith_-_professional_conduct_panel_outcome.pdf:and necessary include the serious sexual misconduct and the lack of complete insight. ./Mr_James_Butterworth-Smith_-_professional_conduct_panel_outcome.pdf- ./Mr_James_Butterworth-Smith_-_professional_conduct_panel_outcome.pdf-I consider therefore that allowing for no review period is necessary to maintain public ./Mr_James_Butterworth-Smith_-_professional_conduct_panel_outcome.pdf-confidence and is proportionate and in the public interest. ./Mr_James_Butterworth-Smith_-_professional_conduct_panel_outcome.pdf- ./Mr_James_Butterworth-Smith_-_professional_conduct_panel_outcome.pdf-This means that Mr James Butterworth-Smith is prohibited from teaching ./Mr_James_Butterworth-Smith_-_professional_conduct_panel_outcome.pdf-indefinitely and cannot teach in any school, sixth form college, relevant youth ./Mr_James_Butterworth-Smith_-_professional_conduct_panel_outcome.pdf-accommodation or children’s home in England. Furthermore, in view of the ./Mr_James_Butterworth-Smith_-_professional_conduct_panel_outcome.pdf-seriousness of the allegations found proved against him, I have decided that Mr James ./Mr_James_Butterworth-Smith_-_professional_conduct_panel_outcome.pdf-Butterworth-Smith shall not be entitled to apply for restoration of his eligibility to teach. ./Mr_James_Butterworth-Smith_-_professional_conduct_panel_outcome.pdf- ./Mr_James_Cocks_Professional_conduct_panel_meeting_outcome.pdf-Allegations ./Mr_James_Cocks_Professional_conduct_panel_meeting_outcome.pdf-The panel considered the allegation(s) set out in the notice of allegation dated 12 July ./Mr_James_Cocks_Professional_conduct_panel_meeting_outcome.pdf-2019. ./Mr_James_Cocks_Professional_conduct_panel_meeting_outcome.pdf- ./Mr_James_Cocks_Professional_conduct_panel_meeting_outcome.pdf-It was alleged that James Cox was guilty of unacceptable professional conduct and/or ./Mr_James_Cocks_Professional_conduct_panel_meeting_outcome.pdf-conduct that may bring the profession into disrepute in that: ./Mr_James_Cocks_Professional_conduct_panel_meeting_outcome.pdf- ./Mr_James_Cocks_Professional_conduct_panel_meeting_outcome.pdf- 1. In 2009 whilst he was a teacher at Regents Park School he: ./Mr_James_Cocks_Professional_conduct_panel_meeting_outcome.pdf- ./Mr_James_Cocks_Professional_conduct_panel_meeting_outcome.pdf: (a) between June and September, he engaged in a sexual relationship with ./Mr_James_Cocks_Professional_conduct_panel_meeting_outcome.pdf- Pupil A; and ./Mr_James_Cocks_Professional_conduct_panel_meeting_outcome.pdf- ./Mr_James_Cocks_Professional_conduct_panel_meeting_outcome.pdf- (b) on an unknown date, he kissed Pupil C. ./Mr_James_Cocks_Professional_conduct_panel_meeting_outcome.pdf- ./Mr_James_Cocks_Professional_conduct_panel_meeting_outcome.pdf- ./Mr_James_Cocks_Professional_conduct_panel_meeting_outcome.pdf- 2. On 9 July 2018, whilst a teacher at Varndean School, during police interview ./Mr_James_Cocks_Professional_conduct_panel_meeting_outcome.pdf- he: ./Mr_James_Cocks_Professional_conduct_panel_meeting_outcome.pdf- ./Mr_James_Cocks_Professional_conduct_panel_meeting_outcome.pdf- (a) denied any relationship with Pupil A; and ./Mr_James_Cocks_Professional_conduct_panel_meeting_outcome.pdf- -- ./Mr_James_Cocks_Professional_conduct_panel_meeting_outcome.pdf-Background ./Mr_James_Cocks_Professional_conduct_panel_meeting_outcome.pdf- ./Mr_James_Cocks_Professional_conduct_panel_meeting_outcome.pdf-Between 2008 and 2012 Mr Cocks was employed as a music teacher at Regents Park ./Mr_James_Cocks_Professional_conduct_panel_meeting_outcome.pdf-School in Southampton. From 1 January 2015 until his resignation on 3 January 2019 Mr ./Mr_James_Cocks_Professional_conduct_panel_meeting_outcome.pdf-Cocks was employed as Director of Music at the Varndean School in Brighton. ./Mr_James_Cocks_Professional_conduct_panel_meeting_outcome.pdf- ./Mr_James_Cocks_Professional_conduct_panel_meeting_outcome.pdf-In 2018 an allegation was made by Pupil A that [Redacted] whilst Mr Cocks was a ./Mr_James_Cocks_Professional_conduct_panel_meeting_outcome.pdf:teacher at Regents Park School, she had been involved in a sexual relationship with Mr ./Mr_James_Cocks_Professional_conduct_panel_meeting_outcome.pdf-Cocks. In summary, it was alleged that [Redacted], contact was established between ./Mr_James_Cocks_Professional_conduct_panel_meeting_outcome.pdf-herself and Mr Cocks via social media and that between June and September a ./Mr_James_Cocks_Professional_conduct_panel_meeting_outcome.pdf:consensual sexual relationship took place. ./Mr_James_Cocks_Professional_conduct_panel_meeting_outcome.pdf- ./Mr_James_Cocks_Professional_conduct_panel_meeting_outcome.pdf-A further complaint emerged that alleged that Mr Cocks had kissed Pupil C whilst he was ./Mr_James_Cocks_Professional_conduct_panel_meeting_outcome.pdf-a teacher at Regents Park School. This was alleged to have occurred after the Pupil C ./Mr_James_Cocks_Professional_conduct_panel_meeting_outcome.pdf-had left the School. ./Mr_James_Cocks_Professional_conduct_panel_meeting_outcome.pdf- ./Mr_James_Cocks_Professional_conduct_panel_meeting_outcome.pdf-A police investigation took place and on 9 July 2018 Mr Cocks was arrested and ./Mr_James_Cocks_Professional_conduct_panel_meeting_outcome.pdf-interviewed under caution. It is alleged that during this interview Mr Cocks lied in that he ./Mr_James_Cocks_Professional_conduct_panel_meeting_outcome.pdf-told the police that he had not had a relationship with Pupil A and had not kissed Pupil C. ./Mr_James_Cocks_Professional_conduct_panel_meeting_outcome.pdf- ./Mr_James_Cocks_Professional_conduct_panel_meeting_outcome.pdf-Findings of fact ./Mr_James_Cocks_Professional_conduct_panel_meeting_outcome.pdf- ./Mr_James_Cocks_Professional_conduct_panel_meeting_outcome.pdf-The findings of fact are as follows: ./Mr_James_Cocks_Professional_conduct_panel_meeting_outcome.pdf- ./Mr_James_Cocks_Professional_conduct_panel_meeting_outcome.pdf-The panel found the all of the particulars of the allegations against proved, for these ./Mr_James_Cocks_Professional_conduct_panel_meeting_outcome.pdf-reasons: ./Mr_James_Cocks_Professional_conduct_panel_meeting_outcome.pdf- ./Mr_James_Cocks_Professional_conduct_panel_meeting_outcome.pdf-1) Mr Cocks made admissions to each of the particulars of allegation. ./Mr_James_Cocks_Professional_conduct_panel_meeting_outcome.pdf- ./Mr_James_Cocks_Professional_conduct_panel_meeting_outcome.pdf-2) These admissions were unambiguous in that Mr Cocks accepts that: ./Mr_James_Cocks_Professional_conduct_panel_meeting_outcome.pdf- ./Mr_James_Cocks_Professional_conduct_panel_meeting_outcome.pdf: • he had had a sexual relationship with Pupil C between June and September 2009; ./Mr_James_Cocks_Professional_conduct_panel_meeting_outcome.pdf- ./Mr_James_Cocks_Professional_conduct_panel_meeting_outcome.pdf- • he had kissed Pupil C; ./Mr_James_Cocks_Professional_conduct_panel_meeting_outcome.pdf- ./Mr_James_Cocks_Professional_conduct_panel_meeting_outcome.pdf- • The conduct above was a failure to observe a proper professional boundary ./Mr_James_Cocks_Professional_conduct_panel_meeting_outcome.pdf- appropriate to Mr Cocks' position as a teacher; ./Mr_James_Cocks_Professional_conduct_panel_meeting_outcome.pdf- ./Mr_James_Cocks_Professional_conduct_panel_meeting_outcome.pdf- • Mr Cocks denied to the police that he had had a relationship with Pupil A and that ./Mr_James_Cocks_Professional_conduct_panel_meeting_outcome.pdf- he had kissed Pupil C; ./Mr_James_Cocks_Professional_conduct_panel_meeting_outcome.pdf- ./Mr_James_Cocks_Professional_conduct_panel_meeting_outcome.pdf- • His denials of this conduct to the police were dishonest and lacking in integrity. -- ./Mr_James_Cocks_Professional_conduct_panel_meeting_outcome.pdf-3) In addition to Mr Cocks' admissions and the signed statement of facts, the panel had ./Mr_James_Cocks_Professional_conduct_panel_meeting_outcome.pdf-regard to the evidence contained within the bundle, and considered that this supported ./Mr_James_Cocks_Professional_conduct_panel_meeting_outcome.pdf-the admissions made. In particular: ./Mr_James_Cocks_Professional_conduct_panel_meeting_outcome.pdf- ./Mr_James_Cocks_Professional_conduct_panel_meeting_outcome.pdf: • It was clear from the social media messages that there had been a sexual ./Mr_James_Cocks_Professional_conduct_panel_meeting_outcome.pdf- relationship between Mr Cocks and Pupil A. For example, in dialogue on 21 ./Mr_James_Cocks_Professional_conduct_panel_meeting_outcome.pdf- August 2009, there is reference to Pupil A being concerned about not having used ./Mr_James_Cocks_Professional_conduct_panel_meeting_outcome.pdf- contraceptives and Mr Cocks reassuring her; ./Mr_James_Cocks_Professional_conduct_panel_meeting_outcome.pdf- ./Mr_James_Cocks_Professional_conduct_panel_meeting_outcome.pdf- • DC Tack's letter dated 5 December 2018 sets out a summary of what was said in ./Mr_James_Cocks_Professional_conduct_panel_meeting_outcome.pdf- Mr Cocks' police interview. Moreover, he admitted during the Varndean School ./Mr_James_Cocks_Professional_conduct_panel_meeting_outcome.pdf- investigation that he had denied the allegations to the police. ./Mr_James_Cocks_Professional_conduct_panel_meeting_outcome.pdf- ./Mr_James_Cocks_Professional_conduct_panel_meeting_outcome.pdf-Findings as to unacceptable professional conduct and/or conduct that ./Mr_James_Cocks_Professional_conduct_panel_meeting_outcome.pdf-may bring the profession into disrepute -- ./Mr_James_Cocks_Professional_conduct_panel_meeting_outcome.pdf- continuing to attend the school. The panel also took into account that Mr Cocks ./Mr_James_Cocks_Professional_conduct_panel_meeting_outcome.pdf- did not teach Pupil A. ./Mr_James_Cocks_Professional_conduct_panel_meeting_outcome.pdf- ./Mr_James_Cocks_Professional_conduct_panel_meeting_outcome.pdf- • However, regardless of whether Pupil A was a current pupil or a recent pupil at the ./Mr_James_Cocks_Professional_conduct_panel_meeting_outcome.pdf- relevant time, the panel considered that Mr Cocks and Pupil A knew each other by ./Mr_James_Cocks_Professional_conduct_panel_meeting_outcome.pdf- virtue of his employment and her being a pupil at the school. The panel, therefore, ./Mr_James_Cocks_Professional_conduct_panel_meeting_outcome.pdf- considered that Mr Cocks had a duty to maintain professional boundaries ./Mr_James_Cocks_Professional_conduct_panel_meeting_outcome.pdf- regardless of whether Pupil A was a current or recent pupil. ./Mr_James_Cocks_Professional_conduct_panel_meeting_outcome.pdf- ./Mr_James_Cocks_Professional_conduct_panel_meeting_outcome.pdf- • The panel noted that the relationship was consensual but given the imbalance in ./Mr_James_Cocks_Professional_conduct_panel_meeting_outcome.pdf: age and power the panel considered that having a sexual relationship with a ./Mr_James_Cocks_Professional_conduct_panel_meeting_outcome.pdf- current or recent pupil is a gross transgression of appropriate professional ./Mr_James_Cocks_Professional_conduct_panel_meeting_outcome.pdf- boundaries and an abuse of a position of trust. ./Mr_James_Cocks_Professional_conduct_panel_meeting_outcome.pdf- ./Mr_James_Cocks_Professional_conduct_panel_meeting_outcome.pdf- • In relation to the denial of the conduct to the police, the panel noted that Mr Cocks ./Mr_James_Cocks_Professional_conduct_panel_meeting_outcome.pdf- must have been in a difficult and stressful situation but concluded that teachers ./Mr_James_Cocks_Professional_conduct_panel_meeting_outcome.pdf- have a duty to act with honesty and integrity. This is particularly the case when ./Mr_James_Cocks_Professional_conduct_panel_meeting_outcome.pdf- dealing with a formal police investigation. Mr Cocks did not do so and this is a ./Mr_James_Cocks_Professional_conduct_panel_meeting_outcome.pdf- serious matter which the panel considered is likely to impact adversely on the ./Mr_James_Cocks_Professional_conduct_panel_meeting_outcome.pdf- reputation of the profession. ./Mr_James_Cocks_Professional_conduct_panel_meeting_outcome.pdf- -- ./Mr_James_Cocks_Professional_conduct_panel_meeting_outcome.pdf-should be made, the panel had to consider whether it would be an appropriate and ./Mr_James_Cocks_Professional_conduct_panel_meeting_outcome.pdf-proportionate measure, and whether it would be in the public interest to do so. Prohibition ./Mr_James_Cocks_Professional_conduct_panel_meeting_outcome.pdf-orders should not be given in order to be punitive, or to show that blame has been ./Mr_James_Cocks_Professional_conduct_panel_meeting_outcome.pdf-apportioned, although they are likely to have punitive effect. ./Mr_James_Cocks_Professional_conduct_panel_meeting_outcome.pdf- ./Mr_James_Cocks_Professional_conduct_panel_meeting_outcome.pdf-The panel had regard to the particular public interest considerations set out in the Advice ./Mr_James_Cocks_Professional_conduct_panel_meeting_outcome.pdf-and, having done so, found a number of them to be relevant in this case, namely: the ./Mr_James_Cocks_Professional_conduct_panel_meeting_outcome.pdf-protection of pupils; the maintenance of public confidence in the profession and declaring ./Mr_James_Cocks_Professional_conduct_panel_meeting_outcome.pdf-and upholding proper standards of conduct. ./Mr_James_Cocks_Professional_conduct_panel_meeting_outcome.pdf- ./Mr_James_Cocks_Professional_conduct_panel_meeting_outcome.pdf:In the light of the panel’s findings against Mr Cocks, which involved a sexual relationship ./Mr_James_Cocks_Professional_conduct_panel_meeting_outcome.pdf-with a Pupil A, kissing Pupil C and a dishonest denial of these matters to the police, there ./Mr_James_Cocks_Professional_conduct_panel_meeting_outcome.pdf-was a strong public interest consideration in the following: ./Mr_James_Cocks_Professional_conduct_panel_meeting_outcome.pdf- ./Mr_James_Cocks_Professional_conduct_panel_meeting_outcome.pdf: • In respect of the protection of pupils given the serious findings of a sexual ./Mr_James_Cocks_Professional_conduct_panel_meeting_outcome.pdf- relationship with Pupil A and having kissed Pupil C; ./Mr_James_Cocks_Professional_conduct_panel_meeting_outcome.pdf- ./Mr_James_Cocks_Professional_conduct_panel_meeting_outcome.pdf- • Similarly, the panel considered that public confidence in the profession could be ./Mr_James_Cocks_Professional_conduct_panel_meeting_outcome.pdf- seriously weakened if conduct such as that found against Mr Cocks were not ./Mr_James_Cocks_Professional_conduct_panel_meeting_outcome.pdf- treated with the utmost seriousness when regulating the conduct of the profession; ./Mr_James_Cocks_Professional_conduct_panel_meeting_outcome.pdf- ./Mr_James_Cocks_Professional_conduct_panel_meeting_outcome.pdf- • The panel decided that a strong public interest consideration in declaring proper ./Mr_James_Cocks_Professional_conduct_panel_meeting_outcome.pdf- standards of conduct in the profession was also present as the conduct found ./Mr_James_Cocks_Professional_conduct_panel_meeting_outcome.pdf- against Mr Cocks was outside that which could reasonably be tolerated. ./Mr_James_Cocks_Professional_conduct_panel_meeting_outcome.pdf- -- ./Mr_James_Cocks_Professional_conduct_panel_meeting_outcome.pdf-  serious departure from the personal and professional conduct elements of the ./Mr_James_Cocks_Professional_conduct_panel_meeting_outcome.pdf- Teachers’ Standards; ./Mr_James_Cocks_Professional_conduct_panel_meeting_outcome.pdf- ./Mr_James_Cocks_Professional_conduct_panel_meeting_outcome.pdf-  abuse of position or trust; ./Mr_James_Cocks_Professional_conduct_panel_meeting_outcome.pdf- ./Mr_James_Cocks_Professional_conduct_panel_meeting_outcome.pdf-  dishonesty; ./Mr_James_Cocks_Professional_conduct_panel_meeting_outcome.pdf- ./Mr_James_Cocks_Professional_conduct_panel_meeting_outcome.pdf:  sexual misconduct, for example, involving actions that were sexually motivated or ./Mr_James_Cocks_Professional_conduct_panel_meeting_outcome.pdf: of a sexual nature and/or that use or exploit the trust, knowledge or influence ./Mr_James_Cocks_Professional_conduct_panel_meeting_outcome.pdf- derived from the individual’s professional position. ./Mr_James_Cocks_Professional_conduct_panel_meeting_outcome.pdf- ./Mr_James_Cocks_Professional_conduct_panel_meeting_outcome.pdf-The panel has taken into account Mr Cocks' mitigation which included: ./Mr_James_Cocks_Professional_conduct_panel_meeting_outcome.pdf- ./Mr_James_Cocks_Professional_conduct_panel_meeting_outcome.pdf- • His previous good character; ./Mr_James_Cocks_Professional_conduct_panel_meeting_outcome.pdf- ./Mr_James_Cocks_Professional_conduct_panel_meeting_outcome.pdf- • At the material time when the conduct with Pupils A and C took place he was a ./Mr_James_Cocks_Professional_conduct_panel_meeting_outcome.pdf- newly qualified teacher; ./Mr_James_Cocks_Professional_conduct_panel_meeting_outcome.pdf- ./Mr_James_Cocks_Professional_conduct_panel_meeting_outcome.pdf- • [Redacted] [in private] -- ./Mr_James_Cocks_Professional_conduct_panel_meeting_outcome.pdf-The panel was of the view that, applying the standard of the ordinary intelligent citizen, it ./Mr_James_Cocks_Professional_conduct_panel_meeting_outcome.pdf-would not be a proportionate and appropriate response to recommend no prohibition ./Mr_James_Cocks_Professional_conduct_panel_meeting_outcome.pdf-order. Recommending that the publication of adverse findings was sufficient would ./Mr_James_Cocks_Professional_conduct_panel_meeting_outcome.pdf-unacceptably compromise the public interest considerations present in this case, despite ./Mr_James_Cocks_Professional_conduct_panel_meeting_outcome.pdf-the severity of the consequences for Mr Cocks of prohibition. ./Mr_James_Cocks_Professional_conduct_panel_meeting_outcome.pdf- ./Mr_James_Cocks_Professional_conduct_panel_meeting_outcome.pdf-The panel was of the view that prohibition was both proportionate and appropriate. The ./Mr_James_Cocks_Professional_conduct_panel_meeting_outcome.pdf-panel decided that the public interest considerations outweighed the interests of Mr ./Mr_James_Cocks_Professional_conduct_panel_meeting_outcome.pdf-Cocks. Significant in forming this opinion was that: ./Mr_James_Cocks_Professional_conduct_panel_meeting_outcome.pdf- ./Mr_James_Cocks_Professional_conduct_panel_meeting_outcome.pdf: • Mr Cocks was involved in a sexual relationship with Pupil A and kissed Pupil C. ./Mr_James_Cocks_Professional_conduct_panel_meeting_outcome.pdf- This was a gross transgression of appropriate professional boundaries. In relation ./Mr_James_Cocks_Professional_conduct_panel_meeting_outcome.pdf- to Pupil A the conduct was not a single isolated incident but went on for a ./Mr_James_Cocks_Professional_conduct_panel_meeting_outcome.pdf- sustained period between June and September 2009; ./Mr_James_Cocks_Professional_conduct_panel_meeting_outcome.pdf- • When interviewed by the police Mr Cocks lied and this was dishonest and lacking ./Mr_James_Cocks_Professional_conduct_panel_meeting_outcome.pdf- in integrity. Such conduct is unacceptable for a teacher; ./Mr_James_Cocks_Professional_conduct_panel_meeting_outcome.pdf- ./Mr_James_Cocks_Professional_conduct_panel_meeting_outcome.pdf- 10 ./Mr_James_Cocks_Professional_conduct_panel_meeting_outcome.pdf- -- ./Mr_James_Cocks_Professional_conduct_panel_meeting_outcome.pdf-states that a prohibition order applies for life, but there may be circumstances, in any ./Mr_James_Cocks_Professional_conduct_panel_meeting_outcome.pdf-given case, that may make it appropriate to allow a teacher to apply to have the ./Mr_James_Cocks_Professional_conduct_panel_meeting_outcome.pdf-prohibition order reviewed after a specified period of time that may not be less than 2 ./Mr_James_Cocks_Professional_conduct_panel_meeting_outcome.pdf-years. ./Mr_James_Cocks_Professional_conduct_panel_meeting_outcome.pdf- ./Mr_James_Cocks_Professional_conduct_panel_meeting_outcome.pdf-The Advice indicates that there are behaviours that, if proved, would militate against the ./Mr_James_Cocks_Professional_conduct_panel_meeting_outcome.pdf-recommendation of a review period. These behaviours include: ./Mr_James_Cocks_Professional_conduct_panel_meeting_outcome.pdf- ./Mr_James_Cocks_Professional_conduct_panel_meeting_outcome.pdf- • Serious dishonesty; ./Mr_James_Cocks_Professional_conduct_panel_meeting_outcome.pdf- ./Mr_James_Cocks_Professional_conduct_panel_meeting_outcome.pdf: • Serious sexual misconduct, such as where the act was sexually motivated and ./Mr_James_Cocks_Professional_conduct_panel_meeting_outcome.pdf- resulted in or had the potential to result in, harm to a person or persons, ./Mr_James_Cocks_Professional_conduct_panel_meeting_outcome.pdf- particularly where the individual has used his professional position to influence or ./Mr_James_Cocks_Professional_conduct_panel_meeting_outcome.pdf- exploit a person or persons. ./Mr_James_Cocks_Professional_conduct_panel_meeting_outcome.pdf- ./Mr_James_Cocks_Professional_conduct_panel_meeting_outcome.pdf:The panel considered that in having a sexual relationship with Pupil A, although ./Mr_James_Cocks_Professional_conduct_panel_meeting_outcome.pdf:consensual, this amounts to serious sexual misconduct. Mr Cocks was in a position of ./Mr_James_Cocks_Professional_conduct_panel_meeting_outcome.pdf:responsibility and ought not to have had a sexual relationship with Pupil A. Although ./Mr_James_Cocks_Professional_conduct_panel_meeting_outcome.pdf-there have been full admissions to the conduct alleged, the panel noted that when ./Mr_James_Cocks_Professional_conduct_panel_meeting_outcome.pdf:questioned by the police Mr Cocks denied the sexual relationship with Pupil A despite ./Mr_James_Cocks_Professional_conduct_panel_meeting_outcome.pdf-being aware of what had happened. This was dishonest and unacceptable for a teacher. ./Mr_James_Cocks_Professional_conduct_panel_meeting_outcome.pdf- ./Mr_James_Cocks_Professional_conduct_panel_meeting_outcome.pdf-The panel has seen no evidence of adequate insight into the potential impact and effect ./Mr_James_Cocks_Professional_conduct_panel_meeting_outcome.pdf-of his past behaviour on pupils and the reputation of the profession. ./Mr_James_Cocks_Professional_conduct_panel_meeting_outcome.pdf- ./Mr_James_Cocks_Professional_conduct_panel_meeting_outcome.pdf-The panel decided that the findings indicated a situation in which a review period would ./Mr_James_Cocks_Professional_conduct_panel_meeting_outcome.pdf-not be appropriate and, as such, decided that it would be proportionate in all the ./Mr_James_Cocks_Professional_conduct_panel_meeting_outcome.pdf-circumstances for the prohibition order to be recommended without provision for a review ./Mr_James_Cocks_Professional_conduct_panel_meeting_outcome.pdf-period. ./Mr_James_Cocks_Professional_conduct_panel_meeting_outcome.pdf- -- ./Mr_James_Cocks_Professional_conduct_panel_meeting_outcome.pdf- and at all times observing proper boundaries appropriate to a teacher’s ./Mr_James_Cocks_Professional_conduct_panel_meeting_outcome.pdf- professional position ./Mr_James_Cocks_Professional_conduct_panel_meeting_outcome.pdf- ./Mr_James_Cocks_Professional_conduct_panel_meeting_outcome.pdf- o having regard for the need to safeguard pupils’ well-being, in accordance ./Mr_James_Cocks_Professional_conduct_panel_meeting_outcome.pdf- with statutory provisions ./Mr_James_Cocks_Professional_conduct_panel_meeting_outcome.pdf- ./Mr_James_Cocks_Professional_conduct_panel_meeting_outcome.pdf-The panel also found that the conduct of Mr Cocks fell significantly short of the standards ./Mr_James_Cocks_Professional_conduct_panel_meeting_outcome.pdf-expected of the profession. ./Mr_James_Cocks_Professional_conduct_panel_meeting_outcome.pdf- ./Mr_James_Cocks_Professional_conduct_panel_meeting_outcome.pdf-The findings of misconduct are particularly serious as they include a finding of both ./Mr_James_Cocks_Professional_conduct_panel_meeting_outcome.pdf:serious sexual misconduct and dishonesty. ./Mr_James_Cocks_Professional_conduct_panel_meeting_outcome.pdf- ./Mr_James_Cocks_Professional_conduct_panel_meeting_outcome.pdf-I have to determine whether the imposition of a prohibition order is proportionate and in ./Mr_James_Cocks_Professional_conduct_panel_meeting_outcome.pdf-the public interest. In considering that for this case, I have considered the overall aim of a ./Mr_James_Cocks_Professional_conduct_panel_meeting_outcome.pdf-prohibition order which is to protect pupils and to maintain public confidence in the ./Mr_James_Cocks_Professional_conduct_panel_meeting_outcome.pdf-profession. I have considered the extent to which a prohibition order in this case would ./Mr_James_Cocks_Professional_conduct_panel_meeting_outcome.pdf-achieve that aim taking into account the impact that it will have on the individual teacher. ./Mr_James_Cocks_Professional_conduct_panel_meeting_outcome.pdf-I have also asked myself, whether a less intrusive measure, such as the published ./Mr_James_Cocks_Professional_conduct_panel_meeting_outcome.pdf-finding of unacceptable professional conduct and conduct that may bring the profession ./Mr_James_Cocks_Professional_conduct_panel_meeting_outcome.pdf-into disrepute, would itself be sufficient to achieve the overall aim. I have to consider ./Mr_James_Cocks_Professional_conduct_panel_meeting_outcome.pdf-whether the consequences of such a publication are themselves sufficient. I have -- ./Mr_James_Cocks_Professional_conduct_panel_meeting_outcome.pdf-In this case, I have considered the extent to which a prohibition order would protect ./Mr_James_Cocks_Professional_conduct_panel_meeting_outcome.pdf-children. The panel has observed, “given the imbalance in age and power the panel ./Mr_James_Cocks_Professional_conduct_panel_meeting_outcome.pdf:considered that having a sexual relationship with a current or recent pupil is a gross ./Mr_James_Cocks_Professional_conduct_panel_meeting_outcome.pdf-transgression of appropriate professional boundaries and an abuse of a position of trust.” ./Mr_James_Cocks_Professional_conduct_panel_meeting_outcome.pdf- ./Mr_James_Cocks_Professional_conduct_panel_meeting_outcome.pdf-A prohibition order would therefore prevent such a risk from being present in the future. I ./Mr_James_Cocks_Professional_conduct_panel_meeting_outcome.pdf-have also taken into account the panel’s comments on insight and remorse, which the ./Mr_James_Cocks_Professional_conduct_panel_meeting_outcome.pdf-panel sets out as follows, “The panel has seen no evidence of adequate insight into the ./Mr_James_Cocks_Professional_conduct_panel_meeting_outcome.pdf-potential impact and effect of his past behaviour on pupils and the reputation of the ./Mr_James_Cocks_Professional_conduct_panel_meeting_outcome.pdf-profession.” ./Mr_James_Cocks_Professional_conduct_panel_meeting_outcome.pdf- ./Mr_James_Cocks_Professional_conduct_panel_meeting_outcome.pdf-In my judgement, the lack of insight means that there is some risk of the repetition of this ./Mr_James_Cocks_Professional_conduct_panel_meeting_outcome.pdf-behaviour and this puts at risk the future well-being of pupils. I have therefore given this ./Mr_James_Cocks_Professional_conduct_panel_meeting_outcome.pdf-element considerable weight in reaching my decision. ./Mr_James_Cocks_Professional_conduct_panel_meeting_outcome.pdf- ./Mr_James_Cocks_Professional_conduct_panel_meeting_outcome.pdf-I have gone on to consider the extent to which a prohibition order would maintain public ./Mr_James_Cocks_Professional_conduct_panel_meeting_outcome.pdf-confidence in the profession. The panel observe that it, “considered how the teaching ./Mr_James_Cocks_Professional_conduct_panel_meeting_outcome.pdf-profession is viewed by others and considered the influence that teachers may have on ./Mr_James_Cocks_Professional_conduct_panel_meeting_outcome.pdf-pupils, parents and others in the community. The panel also took account of the uniquely ./Mr_James_Cocks_Professional_conduct_panel_meeting_outcome.pdf-influential role that teachers can hold in pupils’ lives and the fact that pupils must be able ./Mr_James_Cocks_Professional_conduct_panel_meeting_outcome.pdf-to view teachers as role models in the way they behave” ./Mr_James_Cocks_Professional_conduct_panel_meeting_outcome.pdf- ./Mr_James_Cocks_Professional_conduct_panel_meeting_outcome.pdf:I am particularly mindful of the finding of both serious sexual misconduct and dishonesty ./Mr_James_Cocks_Professional_conduct_panel_meeting_outcome.pdf-in this case and the impact that such a finding has on the reputation of the profession. ./Mr_James_Cocks_Professional_conduct_panel_meeting_outcome.pdf- ./Mr_James_Cocks_Professional_conduct_panel_meeting_outcome.pdf-I have had to consider that the public has a high expectation of professional standards of ./Mr_James_Cocks_Professional_conduct_panel_meeting_outcome.pdf-all teachers and that the public might regard a failure to impose a prohibition order as a ./Mr_James_Cocks_Professional_conduct_panel_meeting_outcome.pdf-failure to uphold those high standards. In weighing these considerations, I have had to ./Mr_James_Cocks_Professional_conduct_panel_meeting_outcome.pdf-consider the matter from the point of view of an “ordinary intelligent and well-informed ./Mr_James_Cocks_Professional_conduct_panel_meeting_outcome.pdf-citizen.” ./Mr_James_Cocks_Professional_conduct_panel_meeting_outcome.pdf- ./Mr_James_Cocks_Professional_conduct_panel_meeting_outcome.pdf-I have considered whether the publication of a finding of unacceptable professional ./Mr_James_Cocks_Professional_conduct_panel_meeting_outcome.pdf-conduct, in the absence of a prohibition order, can itself be regarded by such a person as -- ./Mr_James_Cocks_Professional_conduct_panel_meeting_outcome.pdf-A prohibition order would prevent Mr Cocks from teaching and would also clearly deprive ./Mr_James_Cocks_Professional_conduct_panel_meeting_outcome.pdf-the public of his contribution to the profession for the period that it is in force. ./Mr_James_Cocks_Professional_conduct_panel_meeting_outcome.pdf- ./Mr_James_Cocks_Professional_conduct_panel_meeting_outcome.pdf-In this case, I have placed considerable weight on the panel’s comments concerning the ./Mr_James_Cocks_Professional_conduct_panel_meeting_outcome.pdf-lack of insight or remorse. The panel has said, “Although there has been no repetition of ./Mr_James_Cocks_Professional_conduct_panel_meeting_outcome.pdf-the conduct, the panel did not consider that Mr Cocks has shown adequate evidence of ./Mr_James_Cocks_Professional_conduct_panel_meeting_outcome.pdf-insight in his representations. The panel considered that despite his admissions Mr ./Mr_James_Cocks_Professional_conduct_panel_meeting_outcome.pdf-Cocks has sought to minimise his actions.” ./Mr_James_Cocks_Professional_conduct_panel_meeting_outcome.pdf- ./Mr_James_Cocks_Professional_conduct_panel_meeting_outcome.pdf-I have also placed considerable weight on the finding of the panel that, “Mr Cocks was in ./Mr_James_Cocks_Professional_conduct_panel_meeting_outcome.pdf:a position of responsibility and ought not to have had a sexual relationship with Pupil A. ./Mr_James_Cocks_Professional_conduct_panel_meeting_outcome.pdf-Although there have been full admissions to the conduct alleged, the panel noted that ./Mr_James_Cocks_Professional_conduct_panel_meeting_outcome.pdf:when questioned by the police Mr Cocks denied the sexual relationship with Pupil A ./Mr_James_Cocks_Professional_conduct_panel_meeting_outcome.pdf-despite being aware of what had happened. This was dishonest and unacceptable for a ./Mr_James_Cocks_Professional_conduct_panel_meeting_outcome.pdf-teacher.” ./Mr_James_Cocks_Professional_conduct_panel_meeting_outcome.pdf- ./Mr_James_Cocks_Professional_conduct_panel_meeting_outcome.pdf-I have given less weight in my consideration of sanction therefore, to the contribution that ./Mr_James_Cocks_Professional_conduct_panel_meeting_outcome.pdf-Mr Cocks has made to the profession. In my view, it is necessary to impose a prohibition ./Mr_James_Cocks_Professional_conduct_panel_meeting_outcome.pdf-order in order to maintain public confidence in the profession. A published decision, in ./Mr_James_Cocks_Professional_conduct_panel_meeting_outcome.pdf-light of the circumstances in this case, that is not backed up by remorse or insight, does ./Mr_James_Cocks_Professional_conduct_panel_meeting_outcome.pdf-not in my view satisfy the public interest requirement concerning public confidence in the ./Mr_James_Cocks_Professional_conduct_panel_meeting_outcome.pdf-profession. ./Mr_James_Cocks_Professional_conduct_panel_meeting_outcome.pdf- -- ./Mr_James_Cocks_Professional_conduct_panel_meeting_outcome.pdf- ./Mr_James_Cocks_Professional_conduct_panel_meeting_outcome.pdf-I have gone on to consider the matter of a review period. In this case, the panel has ./Mr_James_Cocks_Professional_conduct_panel_meeting_outcome.pdf-recommended that no provision should be made for a review period. ./Mr_James_Cocks_Professional_conduct_panel_meeting_outcome.pdf- ./Mr_James_Cocks_Professional_conduct_panel_meeting_outcome.pdf-I have considered the panel’s comments on Mr Cocks’ behaviour and the advice ./Mr_James_Cocks_Professional_conduct_panel_meeting_outcome.pdf-published by the Secretary of State which sets out in relation to prohibition, that “ These ./Mr_James_Cocks_Professional_conduct_panel_meeting_outcome.pdf-behaviours include: ./Mr_James_Cocks_Professional_conduct_panel_meeting_outcome.pdf- ./Mr_James_Cocks_Professional_conduct_panel_meeting_outcome.pdf- • Serious dishonesty; ./Mr_James_Cocks_Professional_conduct_panel_meeting_outcome.pdf- ./Mr_James_Cocks_Professional_conduct_panel_meeting_outcome.pdf: • Serious sexual misconduct, such as where the act was sexually motivated and ./Mr_James_Cocks_Professional_conduct_panel_meeting_outcome.pdf- resulted in or had the potential to result in, harm to a person or persons, ./Mr_James_Cocks_Professional_conduct_panel_meeting_outcome.pdf- particularly where the individual has used his professional position to influence or ./Mr_James_Cocks_Professional_conduct_panel_meeting_outcome.pdf- exploit a person or persons. ./Mr_James_Cocks_Professional_conduct_panel_meeting_outcome.pdf- ./Mr_James_Cocks_Professional_conduct_panel_meeting_outcome.pdf- ./Mr_James_Cocks_Professional_conduct_panel_meeting_outcome.pdf- ./Mr_James_Cocks_Professional_conduct_panel_meeting_outcome.pdf- ./Mr_James_Cocks_Professional_conduct_panel_meeting_outcome.pdf- 14 ./Mr_James_Cocks_Professional_conduct_panel_meeting_outcome.pdf- -- ./Mr_James_Cocks_Professional_conduct_panel_meeting_outcome.pdf-I have considered whether allowing for no review period reflects the seriousness of the ./Mr_James_Cocks_Professional_conduct_panel_meeting_outcome.pdf-findings and is proportionate to achieve the aim of maintaining public confidence in the ./Mr_James_Cocks_Professional_conduct_panel_meeting_outcome.pdf-profession. In this case, the factors which mean that a no review period is necessary are, ./Mr_James_Cocks_Professional_conduct_panel_meeting_outcome.pdf:the dishonesty found, the serious sexual misconduct found and the lack of sufficient ./Mr_James_Cocks_Professional_conduct_panel_meeting_outcome.pdf-insight. ./Mr_James_Cocks_Professional_conduct_panel_meeting_outcome.pdf- ./Mr_James_Cocks_Professional_conduct_panel_meeting_outcome.pdf-I consider therefore that allowing for a no review period is proportionate and reasonably ./Mr_James_Cocks_Professional_conduct_panel_meeting_outcome.pdf-necessary and required to satisfy the maintenance of public confidence in the profession ./Mr_James_Cocks_Professional_conduct_panel_meeting_outcome.pdf-and is proportionate and in the public interest. ./Mr_James_Cocks_Professional_conduct_panel_meeting_outcome.pdf- ./Mr_James_Cocks_Professional_conduct_panel_meeting_outcome.pdf-This means that Mr James Cocks is prohibited from teaching indefinitely and ./Mr_James_Cocks_Professional_conduct_panel_meeting_outcome.pdf-cannot teach in any school, sixth form college, relevant youth accommodation or ./Mr_James_Cocks_Professional_conduct_panel_meeting_outcome.pdf-children’s home in England. Furthermore, in view of the seriousness of the allegations ./Mr_James_Cocks_Professional_conduct_panel_meeting_outcome.pdf-found proved against him, I have decided that Mr James Cocks shall not be entitled to ./Mr_James_Morley_Professional_conduct_panel_outcome_for_WEB_4_Feb.pdf- ./Mr_James_Morley_Professional_conduct_panel_outcome_for_WEB_4_Feb.pdf-It was alleged that Mr James Morley was guilty of unacceptable professional conduct ./Mr_James_Morley_Professional_conduct_panel_outcome_for_WEB_4_Feb.pdf-and/or conduct that may bring the profession into disrepute in that, whilst employed at ./Mr_James_Morley_Professional_conduct_panel_outcome_for_WEB_4_Feb.pdf-Bede Sixth Form College as a Teacher of Religion, Philosophy and Ethics, between ./Mr_James_Morley_Professional_conduct_panel_outcome_for_WEB_4_Feb.pdf-January 2019 and January 2020, he: ./Mr_James_Morley_Professional_conduct_panel_outcome_for_WEB_4_Feb.pdf- ./Mr_James_Morley_Professional_conduct_panel_outcome_for_WEB_4_Feb.pdf- 1. Posted and/or retained on his Instagram account one or more ./Mr_James_Morley_Professional_conduct_panel_outcome_for_WEB_4_Feb.pdf- inappropriate images and/or inappropriate comments, including the ./Mr_James_Morley_Professional_conduct_panel_outcome_for_WEB_4_Feb.pdf- following images and/or comments: ./Mr_James_Morley_Professional_conduct_panel_outcome_for_WEB_4_Feb.pdf- ./Mr_James_Morley_Professional_conduct_panel_outcome_for_WEB_4_Feb.pdf: a. ‘In class discussing the purposes of sex with my students: ./Mr_James_Morley_Professional_conduct_panel_outcome_for_WEB_4_Feb.pdf- ./Mr_James_Morley_Professional_conduct_panel_outcome_for_WEB_4_Feb.pdf: Student: the purpose of sex is to show love. You should be in love to ./Mr_James_Morley_Professional_conduct_panel_outcome_for_WEB_4_Feb.pdf: have sex. Me (knowing perfectly well I’ve put my dick in more strangers ./Mr_James_Morley_Professional_conduct_panel_outcome_for_WEB_4_Feb.pdf- than people I’ve known the name of): Yeah you make a good point’; ./Mr_James_Morley_Professional_conduct_panel_outcome_for_WEB_4_Feb.pdf- ./Mr_James_Morley_Professional_conduct_panel_outcome_for_WEB_4_Feb.pdf- b. An image of a coffee/tea flask with a label which said ‘I won’t leak!’, ./Mr_James_Morley_Professional_conduct_panel_outcome_for_WEB_4_Feb.pdf- which was accompanied with the following caption: ‘When you’ve just ./Mr_James_Morley_Professional_conduct_panel_outcome_for_WEB_4_Feb.pdf- finished being the only bottom at the raw orgy but know you’re still tight ./Mr_James_Morley_Professional_conduct_panel_outcome_for_WEB_4_Feb.pdf- af’; ./Mr_James_Morley_Professional_conduct_panel_outcome_for_WEB_4_Feb.pdf- ./Mr_James_Morley_Professional_conduct_panel_outcome_for_WEB_4_Feb.pdf- c. ‘I’m not judging, but I’m surprised he can still walk’, which was a ./Mr_James_Morley_Professional_conduct_panel_outcome_for_WEB_4_Feb.pdf: comment made in reference to you friend’s sexual experiences; ./Mr_James_Morley_Professional_conduct_panel_outcome_for_WEB_4_Feb.pdf- ./Mr_James_Morley_Professional_conduct_panel_outcome_for_WEB_4_Feb.pdf- d. A picture which you had drawn during school hours, which had as a label ./Mr_James_Morley_Professional_conduct_panel_outcome_for_WEB_4_Feb.pdf- or title ‘whore house on the hill’, and which was accompanied with the ./Mr_James_Morley_Professional_conduct_panel_outcome_for_WEB_4_Feb.pdf- following caption: ‘This is how bored I got today. I can’t draw for shit but I ./Mr_James_Morley_Professional_conduct_panel_outcome_for_WEB_4_Feb.pdf- had nothing ./Mr_James_Morley_Professional_conduct_panel_outcome_for_WEB_4_Feb.pdf- ./Mr_James_Morley_Professional_conduct_panel_outcome_for_WEB_4_Feb.pdf-Mr Morley did not provide a response to the allegations as set out in the Notice of ./Mr_James_Morley_Professional_conduct_panel_outcome_for_WEB_4_Feb.pdf-Proceedings. In the absence of a response from the teacher, the allegations were treated ./Mr_James_Morley_Professional_conduct_panel_outcome_for_WEB_4_Feb.pdf-as not admitted. ./Mr_James_Morley_Professional_conduct_panel_outcome_for_WEB_4_Feb.pdf- -- ./Mr_James_Morley_Professional_conduct_panel_outcome_for_WEB_4_Feb.pdf- ./Mr_James_Morley_Professional_conduct_panel_outcome_for_WEB_4_Feb.pdf- ./Mr_James_Morley_Professional_conduct_panel_outcome_for_WEB_4_Feb.pdf-Decision and reasons ./Mr_James_Morley_Professional_conduct_panel_outcome_for_WEB_4_Feb.pdf-The panel carefully considered the case before it and reached a decision. ./Mr_James_Morley_Professional_conduct_panel_outcome_for_WEB_4_Feb.pdf- ./Mr_James_Morley_Professional_conduct_panel_outcome_for_WEB_4_Feb.pdf-Mr James Morley was employed as Teacher of Religion, Philosophy and Ethics at the ./Mr_James_Morley_Professional_conduct_panel_outcome_for_WEB_4_Feb.pdf-College. His employment started on 7 January 2019. ./Mr_James_Morley_Professional_conduct_panel_outcome_for_WEB_4_Feb.pdf- ./Mr_James_Morley_Professional_conduct_panel_outcome_for_WEB_4_Feb.pdf-On 15 January 2020, a tutor was in conversation with a group of sixth form students ./Mr_James_Morley_Professional_conduct_panel_outcome_for_WEB_4_Feb.pdf-when comments were made about Mr Morley's Instagram account. The students said ./Mr_James_Morley_Professional_conduct_panel_outcome_for_WEB_4_Feb.pdf:that the account was public and was 'highly sexual in nature and content'. The tutor then ./Mr_James_Morley_Professional_conduct_panel_outcome_for_WEB_4_Feb.pdf-viewed Mr Morley's Instagram account together with a member of the management team. ./Mr_James_Morley_Professional_conduct_panel_outcome_for_WEB_4_Feb.pdf-It was noted that the Instagram account had a picture of Mr Morley as the profile picture. ./Mr_James_Morley_Professional_conduct_panel_outcome_for_WEB_4_Feb.pdf-The account had not been set to private. ./Mr_James_Morley_Professional_conduct_panel_outcome_for_WEB_4_Feb.pdf- ./Mr_James_Morley_Professional_conduct_panel_outcome_for_WEB_4_Feb.pdf-The member of the management team spoke to Mr Morley the same day. He advised ./Mr_James_Morley_Professional_conduct_panel_outcome_for_WEB_4_Feb.pdf-him to set the account to 'private' and informed him that he would be asked to attend a ./Mr_James_Morley_Professional_conduct_panel_outcome_for_WEB_4_Feb.pdf-meeting with the College Principal the following morning. ./Mr_James_Morley_Professional_conduct_panel_outcome_for_WEB_4_Feb.pdf- ./Mr_James_Morley_Professional_conduct_panel_outcome_for_WEB_4_Feb.pdf-On 16 January 2020, Mr Morley attended a meeting with the College Principal. Mr Morley ./Mr_James_Morley_Professional_conduct_panel_outcome_for_WEB_4_Feb.pdf-was then suspended pending a disciplinary investigation. Witness A, [redacted], was -- ./Mr_James_Morley_Professional_conduct_panel_outcome_for_WEB_4_Feb.pdf-Bede Sixth Form College as a Teacher of Religion, Philosophy and Ethics, between ./Mr_James_Morley_Professional_conduct_panel_outcome_for_WEB_4_Feb.pdf-January 2019 and January 2020, you: ./Mr_James_Morley_Professional_conduct_panel_outcome_for_WEB_4_Feb.pdf- ./Mr_James_Morley_Professional_conduct_panel_outcome_for_WEB_4_Feb.pdf- 1. Posted and/or retained on your Instagram account one or more ./Mr_James_Morley_Professional_conduct_panel_outcome_for_WEB_4_Feb.pdf- inappropriate images and/or inappropriate comments, including the ./Mr_James_Morley_Professional_conduct_panel_outcome_for_WEB_4_Feb.pdf- following images and/or comments: ./Mr_James_Morley_Professional_conduct_panel_outcome_for_WEB_4_Feb.pdf- ./Mr_James_Morley_Professional_conduct_panel_outcome_for_WEB_4_Feb.pdf: a. ‘In class discussing the purposes of sex with my students: ./Mr_James_Morley_Professional_conduct_panel_outcome_for_WEB_4_Feb.pdf- ./Mr_James_Morley_Professional_conduct_panel_outcome_for_WEB_4_Feb.pdf: Student: the purpose of sex is to show love. You should be in love to have ./Mr_James_Morley_Professional_conduct_panel_outcome_for_WEB_4_Feb.pdf: sex. Me (knowing perfectly well I’ve put my dick in more strangers than ./Mr_James_Morley_Professional_conduct_panel_outcome_for_WEB_4_Feb.pdf- people I’ve known the name of): Yeah you make a good point’; ./Mr_James_Morley_Professional_conduct_panel_outcome_for_WEB_4_Feb.pdf- ./Mr_James_Morley_Professional_conduct_panel_outcome_for_WEB_4_Feb.pdf- b. An image of a coffee/tea flask with a label which said ‘I won’t leak!’, which ./Mr_James_Morley_Professional_conduct_panel_outcome_for_WEB_4_Feb.pdf- was accompanied with the following caption: ‘When you’ve just finished ./Mr_James_Morley_Professional_conduct_panel_outcome_for_WEB_4_Feb.pdf- being the only bottom at the raw orgy but know you’re still tight af’; ./Mr_James_Morley_Professional_conduct_panel_outcome_for_WEB_4_Feb.pdf- ./Mr_James_Morley_Professional_conduct_panel_outcome_for_WEB_4_Feb.pdf- c. ‘I’m not judging, but I’m surprised he can still walk’, which was a comment ./Mr_James_Morley_Professional_conduct_panel_outcome_for_WEB_4_Feb.pdf: made in reference to your friend’s sexual experiences; ./Mr_James_Morley_Professional_conduct_panel_outcome_for_WEB_4_Feb.pdf- ./Mr_James_Morley_Professional_conduct_panel_outcome_for_WEB_4_Feb.pdf- d. A picture which you had drawn during school hours, which had as a label ./Mr_James_Morley_Professional_conduct_panel_outcome_for_WEB_4_Feb.pdf- or title ‘whore house on the hill’, and which was accompanied with the ./Mr_James_Morley_Professional_conduct_panel_outcome_for_WEB_4_Feb.pdf- following caption: ‘This is how bored I got today. I can’t draw for shit but I ./Mr_James_Morley_Professional_conduct_panel_outcome_for_WEB_4_Feb.pdf- had nothing else to so'. ./Mr_James_Morley_Professional_conduct_panel_outcome_for_WEB_4_Feb.pdf- ./Mr_James_Morley_Professional_conduct_panel_outcome_for_WEB_4_Feb.pdf-Witness A gave evidence that, when Mr Morley was interviewed as part of her ./Mr_James_Morley_Professional_conduct_panel_outcome_for_WEB_4_Feb.pdf-disciplinary investigation on 23 January 2020, he was shown screenshots of the posts on ./Mr_James_Morley_Professional_conduct_panel_outcome_for_WEB_4_Feb.pdf-his Instagram account that are the subject of allegations 1a to d. Mr Morley confirmed ./Mr_James_Morley_Professional_conduct_panel_outcome_for_WEB_4_Feb.pdf-during that interview that the posts had been made by him on his Instagram account. Mr -- ./Mr_James_Morley_Professional_conduct_panel_outcome_for_WEB_4_Feb.pdf-7.6.6 Must never carry out any action which adversely affects the College's reputation or ./Mr_James_Morley_Professional_conduct_panel_outcome_for_WEB_4_Feb.pdf-undermines its core business or related interests.' ./Mr_James_Morley_Professional_conduct_panel_outcome_for_WEB_4_Feb.pdf- ./Mr_James_Morley_Professional_conduct_panel_outcome_for_WEB_4_Feb.pdf-Witness A gave evidence that the post referred to in 1c had been posted by Mr Morley on ./Mr_James_Morley_Professional_conduct_panel_outcome_for_WEB_4_Feb.pdf-3 January 2019, which was before he commenced his employment at the College. ./Mr_James_Morley_Professional_conduct_panel_outcome_for_WEB_4_Feb.pdf-However, the post had been retained on his Instagram account after he started that ./Mr_James_Morley_Professional_conduct_panel_outcome_for_WEB_4_Feb.pdf-employment. The other posts referred to in 1a, 1b and 1d were posted by Mr Morley ./Mr_James_Morley_Professional_conduct_panel_outcome_for_WEB_4_Feb.pdf-during his employment at the College. ./Mr_James_Morley_Professional_conduct_panel_outcome_for_WEB_4_Feb.pdf- ./Mr_James_Morley_Professional_conduct_panel_outcome_for_WEB_4_Feb.pdf-As to 1a, the panel noted that Mr Morley's post ridiculed the comments of a pupil, whilst ./Mr_James_Morley_Professional_conduct_panel_outcome_for_WEB_4_Feb.pdf:also discussing his own sexual activity. He was also discussing what had taken place in ./Mr_James_Morley_Professional_conduct_panel_outcome_for_WEB_4_Feb.pdf-the classroom when he was teaching. The panel was satisfied that the post was ./Mr_James_Morley_Professional_conduct_panel_outcome_for_WEB_4_Feb.pdf-inappropriate. ./Mr_James_Morley_Professional_conduct_panel_outcome_for_WEB_4_Feb.pdf- ./Mr_James_Morley_Professional_conduct_panel_outcome_for_WEB_4_Feb.pdf-As to 1b, the panel was satisfied that the post was inappropriate in that it described ./Mr_James_Morley_Professional_conduct_panel_outcome_for_WEB_4_Feb.pdf:sexual activity in a graphic and/or offensive way. ./Mr_James_Morley_Professional_conduct_panel_outcome_for_WEB_4_Feb.pdf- ./Mr_James_Morley_Professional_conduct_panel_outcome_for_WEB_4_Feb.pdf:As to 1c, the panel was satisfied that Mr Morley was referring to his friend's sexual ./Mr_James_Morley_Professional_conduct_panel_outcome_for_WEB_4_Feb.pdf-experiences. The panel was satisfied that this was inappropriate. ./Mr_James_Morley_Professional_conduct_panel_outcome_for_WEB_4_Feb.pdf- ./Mr_James_Morley_Professional_conduct_panel_outcome_for_WEB_4_Feb.pdf-As to 1d, the panel noted that, during his disciplinary hearing, Mr Morley claimed that he ./Mr_James_Morley_Professional_conduct_panel_outcome_for_WEB_4_Feb.pdf-had not been working on 13 May 2019 as he did not work on a Monday. Witness A ./Mr_James_Morley_Professional_conduct_panel_outcome_for_WEB_4_Feb.pdf-confirmed that Mr Morley was not a full-time teacher. However, she said that, as part of ./Mr_James_Morley_Professional_conduct_panel_outcome_for_WEB_4_Feb.pdf-her investigation she established that Mr Morley was working on 13 May 2019. The panel ./Mr_James_Morley_Professional_conduct_panel_outcome_for_WEB_4_Feb.pdf-was satisfied, on the balance of probabilities, that Mr Morley had posted a drawing that ./Mr_James_Morley_Professional_conduct_panel_outcome_for_WEB_4_Feb.pdf-he had drawn during working hours. The post contained offensive language and ./Mr_James_Morley_Professional_conduct_panel_outcome_for_WEB_4_Feb.pdf:connotations of a sexual nature. The panel was satisfied that the post was inappropriate. ./Mr_James_Morley_Professional_conduct_panel_outcome_for_WEB_4_Feb.pdf- ./Mr_James_Morley_Professional_conduct_panel_outcome_for_WEB_4_Feb.pdf-The panel found allegations 1a to d proved. ./Mr_James_Morley_Professional_conduct_panel_outcome_for_WEB_4_Feb.pdf- ./Mr_James_Morley_Professional_conduct_panel_outcome_for_WEB_4_Feb.pdf-Findings as to unacceptable professional conduct and/or conduct that ./Mr_James_Morley_Professional_conduct_panel_outcome_for_WEB_4_Feb.pdf-may bring the profession into disrepute ./Mr_James_Morley_Professional_conduct_panel_outcome_for_WEB_4_Feb.pdf- ./Mr_James_Morley_Professional_conduct_panel_outcome_for_WEB_4_Feb.pdf-Having found allegations 1a to d proved, the panel went on to consider whether the facts ./Mr_James_Morley_Professional_conduct_panel_outcome_for_WEB_4_Feb.pdf-of those proven allegations amounted to unacceptable professional conduct and/or ./Mr_James_Morley_Professional_conduct_panel_outcome_for_WEB_4_Feb.pdf-conduct that may bring the profession into disrepute. ./Mr_James_Morley_Professional_conduct_panel_outcome_for_WEB_4_Feb.pdf- ./Mr_James_Quinlan_Professional_conduct_panel_outcome.pdf- text message; ./Mr_James_Quinlan_Professional_conduct_panel_outcome.pdf- c. having a photograph of Pupil A as his home screen with the text “I’m your ./Mr_James_Quinlan_Professional_conduct_panel_outcome.pdf- bitch hehe” on his personal mobile phone; ./Mr_James_Quinlan_Professional_conduct_panel_outcome.pdf- d. meeting Pupil A outside of the school premises and/or during weekends; ./Mr_James_Quinlan_Professional_conduct_panel_outcome.pdf- e. kissing Pupil A; ./Mr_James_Quinlan_Professional_conduct_panel_outcome.pdf- f. facilitating and/or allowing Pupil A to enter and/or stay at his home ./Mr_James_Quinlan_Professional_conduct_panel_outcome.pdf- accommodation. ./Mr_James_Quinlan_Professional_conduct_panel_outcome.pdf- 2. After termination of his employment as a Teacher at the Holland Park School, he ./Mr_James_Quinlan_Professional_conduct_panel_outcome.pdf- continued to engage in an inappropriate relationship with Pupil A; ./Mr_James_Quinlan_Professional_conduct_panel_outcome.pdf- 3. His conduct as may be found proven at; ./Mr_James_Quinlan_Professional_conduct_panel_outcome.pdf: a. allegation 1 and/or 2 was conduct of a sexual nature and/or was sexually ./Mr_James_Quinlan_Professional_conduct_panel_outcome.pdf- motivated; ./Mr_James_Quinlan_Professional_conduct_panel_outcome.pdf- b. allegation 1f demonstrated a lack of insight into the conditions of his ./Mr_James_Quinlan_Professional_conduct_panel_outcome.pdf- suspension issued on or around 13 March 2017; ./Mr_James_Quinlan_Professional_conduct_panel_outcome.pdf- 4. His conduct as referred to at allegation 1 constituted a criminal offence, for ./Mr_James_Quinlan_Professional_conduct_panel_outcome.pdf- which he accepted a caution under Section 16 of the Sexual Offences Act 2003 ./Mr_James_Quinlan_Professional_conduct_panel_outcome.pdf- in or around July 2017. ./Mr_James_Quinlan_Professional_conduct_panel_outcome.pdf-Mr Quinlan has admitted the facts of allegations 1 and 2. He has accepted that in ./Mr_James_Quinlan_Professional_conduct_panel_outcome.pdf-undertaking the actions at allegation 1 he failed to maintain appropriate professional ./Mr_James_Quinlan_Professional_conduct_panel_outcome.pdf-boundaries. ./Mr_James_Quinlan_Professional_conduct_panel_outcome.pdf- ./Mr_James_Quinlan_Professional_conduct_panel_outcome.pdf-Mr Quinlan has admitted allegation 3, accepting that: his conduct in allegations 1 and 2 ./Mr_James_Quinlan_Professional_conduct_panel_outcome.pdf:was conduct of a sexual nature and was sexually motivated, and that his conduct in ./Mr_James_Quinlan_Professional_conduct_panel_outcome.pdf-allegation 1f demonstrated a lack of insight into the conditions of his suspension issued ./Mr_James_Quinlan_Professional_conduct_panel_outcome.pdf-on or around 13 March 2017. ./Mr_James_Quinlan_Professional_conduct_panel_outcome.pdf- ./Mr_James_Quinlan_Professional_conduct_panel_outcome.pdf- ./Mr_James_Quinlan_Professional_conduct_panel_outcome.pdf- ./Mr_James_Quinlan_Professional_conduct_panel_outcome.pdf- ./Mr_James_Quinlan_Professional_conduct_panel_outcome.pdf- 4 ./Mr_James_Quinlan_Professional_conduct_panel_outcome.pdf- -- ./Mr_James_Quinlan_Professional_conduct_panel_outcome.pdf- ./Mr_James_Quinlan_Professional_conduct_panel_outcome.pdf-The allegation was admitted and supported by evidence presented to the panel, notably ./Mr_James_Quinlan_Professional_conduct_panel_outcome.pdf-the Statement of Agreed Facts signed by Mr Quinlan and written accounts from Pupil A. ./Mr_James_Quinlan_Professional_conduct_panel_outcome.pdf-The panel noted that the relationship between Mr Quinlan and Pupil A had only come ./Mr_James_Quinlan_Professional_conduct_panel_outcome.pdf-about as a result of Mr Quinlan’s position as a teacher, and that even after the ./Mr_James_Quinlan_Professional_conduct_panel_outcome.pdf-termination of his employment with the School, Mr Quinlan’s behaviour would be ./Mr_James_Quinlan_Professional_conduct_panel_outcome.pdf-regarded as inappropriate. The allegation was therefore found proved. ./Mr_James_Quinlan_Professional_conduct_panel_outcome.pdf- ./Mr_James_Quinlan_Professional_conduct_panel_outcome.pdf- 3. Your conduct as may be found proven at: ./Mr_James_Quinlan_Professional_conduct_panel_outcome.pdf- ./Mr_James_Quinlan_Professional_conduct_panel_outcome.pdf: a. allegation 1 and/or 2 was conduct of a sexual nature and/or was sexually ./Mr_James_Quinlan_Professional_conduct_panel_outcome.pdf- motivated ./Mr_James_Quinlan_Professional_conduct_panel_outcome.pdf- ./Mr_James_Quinlan_Professional_conduct_panel_outcome.pdf-The panel took time to consider whether, on the balance of probabilities, reasonable ./Mr_James_Quinlan_Professional_conduct_panel_outcome.pdf:persons would think the actions found proven at 1 and 2 could be sexual. The panel was ./Mr_James_Quinlan_Professional_conduct_panel_outcome.pdf-satisfied that this was the case. It then asked itself whether, in all the circumstances of ./Mr_James_Quinlan_Professional_conduct_panel_outcome.pdf-the conduct in the case, it was more likely than not that Mr Quinlan’s purpose of such ./Mr_James_Quinlan_Professional_conduct_panel_outcome.pdf:actions was sexual. The panel again concluded that this was the case. ./Mr_James_Quinlan_Professional_conduct_panel_outcome.pdf- ./Mr_James_Quinlan_Professional_conduct_panel_outcome.pdf-The panel carefully considered all the circumstances of the case, and determined that on ./Mr_James_Quinlan_Professional_conduct_panel_outcome.pdf:the balance of probabilities, sexual motivation on the part of Mr Quinlan could be inferred. ./Mr_James_Quinlan_Professional_conduct_panel_outcome.pdf-The panel considered that it had been provided with strong evidence to support this ./Mr_James_Quinlan_Professional_conduct_panel_outcome.pdf-conclusion. This included that the allegation had been admitted in full by Mr Quinlan in ./Mr_James_Quinlan_Professional_conduct_panel_outcome.pdf-the signed Statement of Agreed Facts in which he agreed that his conduct in relation to ./Mr_James_Quinlan_Professional_conduct_panel_outcome.pdf:allegation 1 and 2 was conduct of a sexual nature and was sexually motivated. The ./Mr_James_Quinlan_Professional_conduct_panel_outcome.pdf-allegation was supported by other evidence in the bundle, including further written ./Mr_James_Quinlan_Professional_conduct_panel_outcome.pdf-accounts from Mr Quinlan. ./Mr_James_Quinlan_Professional_conduct_panel_outcome.pdf- ./Mr_James_Quinlan_Professional_conduct_panel_outcome.pdf-On the balance of probabilities, the panel therefore found this allegation to be proved in ./Mr_James_Quinlan_Professional_conduct_panel_outcome.pdf-all parts. ./Mr_James_Quinlan_Professional_conduct_panel_outcome.pdf- ./Mr_James_Quinlan_Professional_conduct_panel_outcome.pdf- b. allegation 1f demonstrated a lack of insight into the conditions of your ./Mr_James_Quinlan_Professional_conduct_panel_outcome.pdf- suspension issued on or around 13 March 2017; ./Mr_James_Quinlan_Professional_conduct_panel_outcome.pdf- ./Mr_James_Quinlan_Professional_conduct_panel_outcome.pdf-The allegation was admitted and supported by evidence presented to the panel, notably -- ./Mr_James_Quinlan_Professional_conduct_panel_outcome.pdf-The panel also considered whether Mr Quinlan’s conduct displayed behaviours ./Mr_James_Quinlan_Professional_conduct_panel_outcome.pdf-associated with any of the offences listed on pages 10 and 11 of the Advice. The Advice ./Mr_James_Quinlan_Professional_conduct_panel_outcome.pdf-indicates that where behaviours associated with such an offence exist, a panel is likely to ./Mr_James_Quinlan_Professional_conduct_panel_outcome.pdf-conclude that an individual’s conduct would amount to unacceptable professional ./Mr_James_Quinlan_Professional_conduct_panel_outcome.pdf:conduct. The panel found that the offence of sexual activity was relevant, and that Mr ./Mr_James_Quinlan_Professional_conduct_panel_outcome.pdf-Quinlan’s conduct displayed behaviours associated with this offence. The panel also took ./Mr_James_Quinlan_Professional_conduct_panel_outcome.pdf-into account that Mr Quinlan had accepted a police caution under Section 16 of the ./Mr_James_Quinlan_Professional_conduct_panel_outcome.pdf-Sexual Offences Act 2003. ./Mr_James_Quinlan_Professional_conduct_panel_outcome.pdf- ./Mr_James_Quinlan_Professional_conduct_panel_outcome.pdf-The panel noted that elements of allegations 1 and 2 took place entirely, or in part, ./Mr_James_Quinlan_Professional_conduct_panel_outcome.pdf-outside the education setting. However, these were facilitated by Mr Quinlan’s role as ./Mr_James_Quinlan_Professional_conduct_panel_outcome.pdf-Pupil A’s teacher. The panel considered that Mr Quinlan was in a position of trust and ./Mr_James_Quinlan_Professional_conduct_panel_outcome.pdf-had a duty of care towards Pupil A, and the conduct which the panel had found proven ./Mr_James_Quinlan_Professional_conduct_panel_outcome.pdf-would have affected the way in which he fulfilled his teaching and pastoral roles. The ./Mr_James_Quinlan_Professional_conduct_panel_outcome.pdf-panel also considered that Mr Quinlan’s conduct may have had the potential to pupils -- ./Mr_James_Quinlan_Professional_conduct_panel_outcome.pdf-The panel had regard to the particular public interest considerations set out in the Advice ./Mr_James_Quinlan_Professional_conduct_panel_outcome.pdf-and, having done so, found a number of them to be relevant in this case, namely the ./Mr_James_Quinlan_Professional_conduct_panel_outcome.pdf-protection of pupils, the maintenance of public confidence in the profession, declaring ./Mr_James_Quinlan_Professional_conduct_panel_outcome.pdf-and upholding proper standards of conduct and the interest of retaining the teacher in the ./Mr_James_Quinlan_Professional_conduct_panel_outcome.pdf-profession. ./Mr_James_Quinlan_Professional_conduct_panel_outcome.pdf- ./Mr_James_Quinlan_Professional_conduct_panel_outcome.pdf-The panel’s findings against Mr Quinlan involved failing to adhere to professional ./Mr_James_Quinlan_Professional_conduct_panel_outcome.pdf-boundaries and lack of insight. The panel found there to be a strong public interest ./Mr_James_Quinlan_Professional_conduct_panel_outcome.pdf-consideration in respect of the protection of pupils, and declaring and upholding proper ./Mr_James_Quinlan_Professional_conduct_panel_outcome.pdf-standards of conduct. This was particularly the case given the findings of conduct of a ./Mr_James_Quinlan_Professional_conduct_panel_outcome.pdf:sexual nature, sexual motivation, and the commission of a criminal offence (for which Mr ./Mr_James_Quinlan_Professional_conduct_panel_outcome.pdf-Quinlan accepted a caution under Section 16 of the Sexual Offences Act 2003) relating ./Mr_James_Quinlan_Professional_conduct_panel_outcome.pdf-to one of his pupils. ./Mr_James_Quinlan_Professional_conduct_panel_outcome.pdf- ./Mr_James_Quinlan_Professional_conduct_panel_outcome.pdf-Similarly, the panel considered that public confidence in the profession could be seriously ./Mr_James_Quinlan_Professional_conduct_panel_outcome.pdf-weakened if conduct such as that found against Mr Quinlan were not treated with the ./Mr_James_Quinlan_Professional_conduct_panel_outcome.pdf-utmost seriousness when regulating the conduct of the profession. ./Mr_James_Quinlan_Professional_conduct_panel_outcome.pdf- ./Mr_James_Quinlan_Professional_conduct_panel_outcome.pdf-The panel was of the view that a strong public interest consideration in declaring proper ./Mr_James_Quinlan_Professional_conduct_panel_outcome.pdf-standards of conduct in the profession was also present as the conduct found against Mr ./Mr_James_Quinlan_Professional_conduct_panel_outcome.pdf-Quinlan was outside that which could reasonably be tolerated. The panel considered -- ./Mr_James_Quinlan_Professional_conduct_panel_outcome.pdf-order may be appropriate if certain behaviours of a teacher have been proved. In the list ./Mr_James_Quinlan_Professional_conduct_panel_outcome.pdf-of such behaviours, those that were relevant in this case were: ./Mr_James_Quinlan_Professional_conduct_panel_outcome.pdf- ./Mr_James_Quinlan_Professional_conduct_panel_outcome.pdf-• serious departure from the personal and professional conduct elements of the ./Mr_James_Quinlan_Professional_conduct_panel_outcome.pdf- Teachers’ Standards; ./Mr_James_Quinlan_Professional_conduct_panel_outcome.pdf- ./Mr_James_Quinlan_Professional_conduct_panel_outcome.pdf-• misconduct seriously affecting the education and/or well-being of pupils; ./Mr_James_Quinlan_Professional_conduct_panel_outcome.pdf- ./Mr_James_Quinlan_Professional_conduct_panel_outcome.pdf-• abuse of position or trust; and ./Mr_James_Quinlan_Professional_conduct_panel_outcome.pdf- ./Mr_James_Quinlan_Professional_conduct_panel_outcome.pdf:• sexual misconduct, for example, involving actions that were sexually motivated or of a ./Mr_James_Quinlan_Professional_conduct_panel_outcome.pdf: sexual nature and/or that use or exploit the trust, knowledge or influence derived from ./Mr_James_Quinlan_Professional_conduct_panel_outcome.pdf- the individual’s professional position. ./Mr_James_Quinlan_Professional_conduct_panel_outcome.pdf- ./Mr_James_Quinlan_Professional_conduct_panel_outcome.pdf-Even though some of the behaviour found proved in this case indicated that a prohibition ./Mr_James_Quinlan_Professional_conduct_panel_outcome.pdf-order would be appropriate, the panel went on to consider the mitigating factors. ./Mr_James_Quinlan_Professional_conduct_panel_outcome.pdf-Mitigating factors may indicate that a prohibition order would not be appropriate or ./Mr_James_Quinlan_Professional_conduct_panel_outcome.pdf-proportionate. ./Mr_James_Quinlan_Professional_conduct_panel_outcome.pdf- ./Mr_James_Quinlan_Professional_conduct_panel_outcome.pdf-There was evidence that some of Mr Quinlan’s actions were deliberate. There was no ./Mr_James_Quinlan_Professional_conduct_panel_outcome.pdf-evidence to suggest that Mr Quinlan was acting under duress. ./Mr_James_Quinlan_Professional_conduct_panel_outcome.pdf- -- ./Mr_James_Quinlan_Professional_conduct_panel_outcome.pdf-The panel went on to consider whether or not it would be appropriate to recommend that ./Mr_James_Quinlan_Professional_conduct_panel_outcome.pdf-a review period of the order should be considered. The panel was mindful that the Advice ./Mr_James_Quinlan_Professional_conduct_panel_outcome.pdf-states that a prohibition order applies for life, but there may be circumstances, in any ./Mr_James_Quinlan_Professional_conduct_panel_outcome.pdf-given case, that may make it appropriate to allow a teacher to apply to have the ./Mr_James_Quinlan_Professional_conduct_panel_outcome.pdf-prohibition order reviewed after a specified period of time that may not be less than 2 ./Mr_James_Quinlan_Professional_conduct_panel_outcome.pdf-years. ./Mr_James_Quinlan_Professional_conduct_panel_outcome.pdf- ./Mr_James_Quinlan_Professional_conduct_panel_outcome.pdf-The Advice indicates that there are behaviours that, if proved, would militate against the ./Mr_James_Quinlan_Professional_conduct_panel_outcome.pdf:recommendation of a review period. One of these behaviours is serious sexual ./Mr_James_Quinlan_Professional_conduct_panel_outcome.pdf:misconduct, such as where the act was sexually motivated and resulted in or had the ./Mr_James_Quinlan_Professional_conduct_panel_outcome.pdf-potential to result in, harm to a person or persons, particularly where the individual has ./Mr_James_Quinlan_Professional_conduct_panel_outcome.pdf-used his professional position to influence or exploit a person or persons. The panel ./Mr_James_Quinlan_Professional_conduct_panel_outcome.pdf-found that Mr Quinlan, while in a position of trust, was responsible for engaging in and ./Mr_James_Quinlan_Professional_conduct_panel_outcome.pdf-continuing a relationship with a pupil. However, the panel also noted that there was no ./Mr_James_Quinlan_Professional_conduct_panel_outcome.pdf-evidence of serial offending on the part of Mr Quinlan, and that Mr Quinlan is now in a ./Mr_James_Quinlan_Professional_conduct_panel_outcome.pdf-stable relationship with Pupil A, with the support of Pupil A’s family. ./Mr_James_Quinlan_Professional_conduct_panel_outcome.pdf- ./Mr_James_Quinlan_Professional_conduct_panel_outcome.pdf-The panel considered written and oral statements made by Mr Quinlan and noted that he ./Mr_James_Quinlan_Professional_conduct_panel_outcome.pdf-has shown some insight into his behaviour and remorse as to the difficulties he has ./Mr_James_Quinlan_Professional_conduct_panel_outcome.pdf-caused. The panel again took note of comments made by the School in relation to Mr -- ./Mr_James_Quinlan_Professional_conduct_panel_outcome.pdf- o having regard for the need to safeguard pupils’ well-being, in accordance ./Mr_James_Quinlan_Professional_conduct_panel_outcome.pdf- with statutory provisions. ./Mr_James_Quinlan_Professional_conduct_panel_outcome.pdf- ./Mr_James_Quinlan_Professional_conduct_panel_outcome.pdf-• Teachers must have proper and professional regard for the ethos, policies and ./Mr_James_Quinlan_Professional_conduct_panel_outcome.pdf- practices of the school in which they teach, and maintain high standards in their own ./Mr_James_Quinlan_Professional_conduct_panel_outcome.pdf- attendance and punctuality. ./Mr_James_Quinlan_Professional_conduct_panel_outcome.pdf- ./Mr_James_Quinlan_Professional_conduct_panel_outcome.pdf-• Teachers must have an understanding of, and always act within, the statutory ./Mr_James_Quinlan_Professional_conduct_panel_outcome.pdf- frameworks which set out their professional duties and responsibilities. ./Mr_James_Quinlan_Professional_conduct_panel_outcome.pdf- ./Mr_James_Quinlan_Professional_conduct_panel_outcome.pdf:The findings of misconduct are particularly serious as they include a finding of sexual ./Mr_James_Quinlan_Professional_conduct_panel_outcome.pdf-misconduct, including a police caution under Section 16 of the Sexual Offences Act 2003. ./Mr_James_Quinlan_Professional_conduct_panel_outcome.pdf- ./Mr_James_Quinlan_Professional_conduct_panel_outcome.pdf-I have to determine whether the imposition of a prohibition order is proportionate and in ./Mr_James_Quinlan_Professional_conduct_panel_outcome.pdf-the public interest. In considering that for this case, I have considered the overall aim of a ./Mr_James_Quinlan_Professional_conduct_panel_outcome.pdf-prohibition order which is to protect pupils and to maintain public confidence in the ./Mr_James_Quinlan_Professional_conduct_panel_outcome.pdf-profession. I have considered the extent to which a prohibition order in this case would ./Mr_James_Quinlan_Professional_conduct_panel_outcome.pdf-achieve that aim taking into account the impact that it will have on the individual teacher. ./Mr_James_Quinlan_Professional_conduct_panel_outcome.pdf-I have also asked myself, whether a less intrusive measure, such as the published ./Mr_James_Quinlan_Professional_conduct_panel_outcome.pdf-finding of unacceptable professional conduct and conduct that may bring the profession ./Mr_James_Quinlan_Professional_conduct_panel_outcome.pdf-into disrepute, would itself be sufficient to achieve the overall aim. I have to consider -- ./Mr_James_Quinlan_Professional_conduct_panel_outcome.pdf-means that there is some risk of the repetition of this behaviour and this puts at risk the ./Mr_James_Quinlan_Professional_conduct_panel_outcome.pdf-future well-being of pupils. I have therefore given this element considerable weight in ./Mr_James_Quinlan_Professional_conduct_panel_outcome.pdf-reaching my decision. ./Mr_James_Quinlan_Professional_conduct_panel_outcome.pdf- ./Mr_James_Quinlan_Professional_conduct_panel_outcome.pdf-I have gone on to consider the extent to which a prohibition order would maintain public ./Mr_James_Quinlan_Professional_conduct_panel_outcome.pdf-confidence in the profession. The panel observe, “The findings of misconduct are ./Mr_James_Quinlan_Professional_conduct_panel_outcome.pdf-serious and the conduct displayed would be likely to have a negative impact on the ./Mr_James_Quinlan_Professional_conduct_panel_outcome.pdf-individual’s status as a teacher, potentially damaging the public perception.” I am ./Mr_James_Quinlan_Professional_conduct_panel_outcome.pdf:particularly mindful of the finding of sexual misconduct in this case and the impact that ./Mr_James_Quinlan_Professional_conduct_panel_outcome.pdf-such a finding has on the reputation of the profession. ./Mr_James_Quinlan_Professional_conduct_panel_outcome.pdf- ./Mr_James_Quinlan_Professional_conduct_panel_outcome.pdf-I have had to consider that the public has a high expectation of professional standards of ./Mr_James_Quinlan_Professional_conduct_panel_outcome.pdf-all teachers and that the public might regard a failure to impose a prohibition order as a ./Mr_James_Quinlan_Professional_conduct_panel_outcome.pdf-failure to uphold those high standards. In weighing these considerations, I have had to ./Mr_James_Quinlan_Professional_conduct_panel_outcome.pdf-consider the matter from the point of view of an “ordinary intelligent and well-informed ./Mr_James_Quinlan_Professional_conduct_panel_outcome.pdf-citizen.” ./Mr_James_Quinlan_Professional_conduct_panel_outcome.pdf- ./Mr_James_Quinlan_Professional_conduct_panel_outcome.pdf-I have considered whether the publication of a finding of unacceptable professional ./Mr_James_Quinlan_Professional_conduct_panel_outcome.pdf-conduct, in the absence of a prohibition order, can itself be regarded by such a person as -- ./Mr_James_Quinlan_Professional_conduct_panel_outcome.pdf-In this case, I disagree with the panel. In my view the panel has placed too much weight ./Mr_James_Quinlan_Professional_conduct_panel_outcome.pdf-on the fact that the relationship with Pupil A is on-going and has the support of Pupil A’s ./Mr_James_Quinlan_Professional_conduct_panel_outcome.pdf-parents. The panel has also said that a three year review period will allow time for further ./Mr_James_Quinlan_Professional_conduct_panel_outcome.pdf-reflection. In my view the serious nature of the findings means that a no review is more ./Mr_James_Quinlan_Professional_conduct_panel_outcome.pdf-appropriate. Mr Quinlan embarked on a relationship which was a clear breach of trust. ./Mr_James_Quinlan_Professional_conduct_panel_outcome.pdf-Even during his suspension he continued the relationship. The law is very clear and the ./Mr_James_Quinlan_Professional_conduct_panel_outcome.pdf-advice published by the Secretary of State is clear. The on-going nature of the ./Mr_James_Quinlan_Professional_conduct_panel_outcome.pdf-relationship and the approval of the parents does not in my view sufficiently mitigate ./Mr_James_Quinlan_Professional_conduct_panel_outcome.pdf-against following the advice, which is clear that, “there are behaviours that, if proved, ./Mr_James_Quinlan_Professional_conduct_panel_outcome.pdf-would militate against the recommendation of a review period. One of these behaviours ./Mr_James_Quinlan_Professional_conduct_panel_outcome.pdf:is serious sexual misconduct, such as where the act was sexually motivated and resulted ./Mr_James_Quinlan_Professional_conduct_panel_outcome.pdf-in or had the potential to result in, harm to a person or persons, particularly where the ./Mr_James_Quinlan_Professional_conduct_panel_outcome.pdf-individual has used his professional position to influence or exploit a person or persons. ./Mr_James_Quinlan_Professional_conduct_panel_outcome.pdf-The panel found that Mr Quinlan, while in a position of trust, was responsible for ./Mr_James_Quinlan_Professional_conduct_panel_outcome.pdf-engaging in and continuing a relationship with a pupil.” In my view these factors ./Mr_James_Quinlan_Professional_conduct_panel_outcome.pdf-combined with the evidence of only “some” insight and remorse” properly suggest a no ./Mr_James_Quinlan_Professional_conduct_panel_outcome.pdf-review prohibition. ./Mr_James_Quinlan_Professional_conduct_panel_outcome.pdf- ./Mr_James_Quinlan_Professional_conduct_panel_outcome.pdf-I consider therefore that allowing for no review period is necessary to maintain public ./Mr_James_Quinlan_Professional_conduct_panel_outcome.pdf-confidence and is proportionate and in the public interest. ./Mr_James_Quinlan_Professional_conduct_panel_outcome.pdf- ./Mr_James_Waiters__15540_-_Secretary_of_State_decision.pdf- ./Mr_James_Waiters__15540_-_Secretary_of_State_decision.pdf-B. Allegations ./Mr_James_Waiters__15540_-_Secretary_of_State_decision.pdf-The panel considered the allegations set out in the Notice of Proceedings dated 27 ./Mr_James_Waiters__15540_-_Secretary_of_State_decision.pdf-March 2017. ./Mr_James_Waiters__15540_-_Secretary_of_State_decision.pdf- ./Mr_James_Waiters__15540_-_Secretary_of_State_decision.pdf-It was alleged that Mr James Waiters was guilty of unacceptable professional conduct ./Mr_James_Waiters__15540_-_Secretary_of_State_decision.pdf-and/or conduct that may bring the profession into disrepute, in that whilst employed at ./Mr_James_Waiters__15540_-_Secretary_of_State_decision.pdf-High Storrs School: ./Mr_James_Waiters__15540_-_Secretary_of_State_decision.pdf- ./Mr_James_Waiters__15540_-_Secretary_of_State_decision.pdf- 1. During 2015, he engaged in an inappropriate relationship with Witness A, a ./Mr_James_Waiters__15540_-_Secretary_of_State_decision.pdf: former pupil, which was of a sexual nature; ./Mr_James_Waiters__15540_-_Secretary_of_State_decision.pdf- ./Mr_James_Waiters__15540_-_Secretary_of_State_decision.pdf- ./Mr_James_Waiters__15540_-_Secretary_of_State_decision.pdf- ./Mr_James_Waiters__15540_-_Secretary_of_State_decision.pdf- ./Mr_James_Waiters__15540_-_Secretary_of_State_decision.pdf- 3 ./Mr_James_Waiters__15540_-_Secretary_of_State_decision.pdf- -- ./Mr_James_Waiters__15540_-_Secretary_of_State_decision.pdf-the roll on 17 July 2015. ./Mr_James_Waiters__15540_-_Secretary_of_State_decision.pdf- ./Mr_James_Waiters__15540_-_Secretary_of_State_decision.pdf-However, in oral evidence Witness B, headteacher of the School from January 2010 until ./Mr_James_Waiters__15540_-_Secretary_of_State_decision.pdf-approximately August 2016, stated that, in his opinion, Witness A did not come off the roll ./Mr_James_Waiters__15540_-_Secretary_of_State_decision.pdf-until the end of the school year on 31 August 2015. ./Mr_James_Waiters__15540_-_Secretary_of_State_decision.pdf- ./Mr_James_Waiters__15540_-_Secretary_of_State_decision.pdf-Witness A stated, to her mind, she left the School upon the commencement of her study ./Mr_James_Waiters__15540_-_Secretary_of_State_decision.pdf-leave in May 2015. ./Mr_James_Waiters__15540_-_Secretary_of_State_decision.pdf- ./Mr_James_Waiters__15540_-_Secretary_of_State_decision.pdf-The precise date was of particular relevance given that it was accepted that by the end of ./Mr_James_Waiters__15540_-_Secretary_of_State_decision.pdf:August 2015 at the latest, Witness A and Mr Waiters were in a sexual relationship. They ./Mr_James_Waiters__15540_-_Secretary_of_State_decision.pdf-remain in a relationship to this day. The panel consider this issue further in relation to ./Mr_James_Waiters__15540_-_Secretary_of_State_decision.pdf-allegation 1. ./Mr_James_Waiters__15540_-_Secretary_of_State_decision.pdf- ./Mr_James_Waiters__15540_-_Secretary_of_State_decision.pdf-In early September 2015, reports of a relationship between Mr Waiters and Witness A ./Mr_James_Waiters__15540_-_Secretary_of_State_decision.pdf-were relayed to Witness B. Having undertaken some preliminary investigations, on 8 ./Mr_James_Waiters__15540_-_Secretary_of_State_decision.pdf-September 2015 he made a LADO referral to Sheffield City Council. ./Mr_James_Waiters__15540_-_Secretary_of_State_decision.pdf- ./Mr_James_Waiters__15540_-_Secretary_of_State_decision.pdf- ./Mr_James_Waiters__15540_-_Secretary_of_State_decision.pdf- ./Mr_James_Waiters__15540_-_Secretary_of_State_decision.pdf- -- ./Mr_James_Waiters__15540_-_Secretary_of_State_decision.pdf-National College. ./Mr_James_Waiters__15540_-_Secretary_of_State_decision.pdf- ./Mr_James_Waiters__15540_-_Secretary_of_State_decision.pdf-The panel confirms that it has not relied upon any findings made or opinions expressed ./Mr_James_Waiters__15540_-_Secretary_of_State_decision.pdf-during the School's investigation and disciplinary proceedings and it has formed its own ./Mr_James_Waiters__15540_-_Secretary_of_State_decision.pdf-view of the allegations based on the evidence presented to it. ./Mr_James_Waiters__15540_-_Secretary_of_State_decision.pdf- ./Mr_James_Waiters__15540_-_Secretary_of_State_decision.pdf-Findings of fact ./Mr_James_Waiters__15540_-_Secretary_of_State_decision.pdf-Our findings of fact are as follows: ./Mr_James_Waiters__15540_-_Secretary_of_State_decision.pdf- ./Mr_James_Waiters__15540_-_Secretary_of_State_decision.pdf-1. During 2015, you engaged in an inappropriate relationship with Witness A, a ./Mr_James_Waiters__15540_-_Secretary_of_State_decision.pdf: former pupil, which was of a sexual nature. ./Mr_James_Waiters__15540_-_Secretary_of_State_decision.pdf- ./Mr_James_Waiters__15540_-_Secretary_of_State_decision.pdf-Mr Waiters admitted that by the end of August 2015 he was in a relationship with Witness ./Mr_James_Waiters__15540_-_Secretary_of_State_decision.pdf:A which was of a sexual nature. ./Mr_James_Waiters__15540_-_Secretary_of_State_decision.pdf- ./Mr_James_Waiters__15540_-_Secretary_of_State_decision.pdf-However, he disputed that the relationship was inappropriate and allegation 1 was denied ./Mr_James_Waiters__15540_-_Secretary_of_State_decision.pdf-on that basis. ./Mr_James_Waiters__15540_-_Secretary_of_State_decision.pdf- ./Mr_James_Waiters__15540_-_Secretary_of_State_decision.pdf-Mr Waiters' evidence was that until the end of July 2015 the relationship was strictly ./Mr_James_Waiters__15540_-_Secretary_of_State_decision.pdf-professional. ./Mr_James_Waiters__15540_-_Secretary_of_State_decision.pdf- ./Mr_James_Waiters__15540_-_Secretary_of_State_decision.pdf-Whilst during the course of his disciplinary hearing on 4 November 2015 Mr Waiters had ./Mr_James_Waiters__15540_-_Secretary_of_State_decision.pdf-indicated that he and Witness A had grown close during the course of their private ./Mr_James_Waiters__15540_-_Secretary_of_State_decision.pdf-tutoring arrangement, he denied there was anything untoward and stated that her parents -- ./Mr_James_Waiters__15540_-_Secretary_of_State_decision.pdf-In the period between 19 July 2015 and 14 August 2015, Mr Waiters stated that they ./Mr_James_Waiters__15540_-_Secretary_of_State_decision.pdf-began to spend an increasing amount of time together, which included band rehearsals, ./Mr_James_Waiters__15540_-_Secretary_of_State_decision.pdf-local runs, tennis and a day trip to Manchester. ./Mr_James_Waiters__15540_-_Secretary_of_State_decision.pdf- ./Mr_James_Waiters__15540_-_Secretary_of_State_decision.pdf-He stated that they began dating following the gig on 14 August 2015, though the panel ./Mr_James_Waiters__15540_-_Secretary_of_State_decision.pdf-noted that during the course of his disciplinary interview on 12 November 2015, Mr ./Mr_James_Waiters__15540_-_Secretary_of_State_decision.pdf-Waiters appeared to accept that they began dating at the end of July. ./Mr_James_Waiters__15540_-_Secretary_of_State_decision.pdf- ./Mr_James_Waiters__15540_-_Secretary_of_State_decision.pdf:In any event, it was admitted by Mr Waiters that the relationship became sexual in or ./Mr_James_Waiters__15540_-_Secretary_of_State_decision.pdf-around the last week of August 2015. ./Mr_James_Waiters__15540_-_Secretary_of_State_decision.pdf- ./Mr_James_Waiters__15540_-_Secretary_of_State_decision.pdf-The relationship subsequently ceased in early September 2015 when Witness A's ./Mr_James_Waiters__15540_-_Secretary_of_State_decision.pdf-parents objected to it. However, her parents subsequently relented and, having received ./Mr_James_Waiters__15540_-_Secretary_of_State_decision.pdf-their consent, the relationship recommenced at the end of October 2015 and has ./Mr_James_Waiters__15540_-_Secretary_of_State_decision.pdf-continued since. ./Mr_James_Waiters__15540_-_Secretary_of_State_decision.pdf- ./Mr_James_Waiters__15540_-_Secretary_of_State_decision.pdf-Mr Waiters' evidence was corroborated by the evidence of Witness A. ./Mr_James_Waiters__15540_-_Secretary_of_State_decision.pdf- ./Mr_James_Waiters__15540_-_Secretary_of_State_decision.pdf-There was conflicting evidence which suggested that the relationship had developed -- ./Mr_James_Waiters__15540_-_Secretary_of_State_decision.pdf- ./Mr_James_Waiters__15540_-_Secretary_of_State_decision.pdf-These accounts were denied by both Mr Waiters and Witness A. ./Mr_James_Waiters__15540_-_Secretary_of_State_decision.pdf- ./Mr_James_Waiters__15540_-_Secretary_of_State_decision.pdf-The panel did not have the benefit of hearing from Pupil B and Pupil C or the ./Mr_James_Waiters__15540_-_Secretary_of_State_decision.pdf-grandmother in oral evidence. It accordingly did not have an opportunity of testing their ./Mr_James_Waiters__15540_-_Secretary_of_State_decision.pdf-version of events. They had not provided written witness statements. ./Mr_James_Waiters__15540_-_Secretary_of_State_decision.pdf- ./Mr_James_Waiters__15540_-_Secretary_of_State_decision.pdf-On that basis and on the balance of probabilities, the panel treated their hearsay ./Mr_James_Waiters__15540_-_Secretary_of_State_decision.pdf-accounts with caution and accepted the evidence of Witness A and Mr Waiters insofar as ./Mr_James_Waiters__15540_-_Secretary_of_State_decision.pdf-the timeline of events was concerned. It accordingly found as a matter of fact that as from ./Mr_James_Waiters__15540_-_Secretary_of_State_decision.pdf:14 August 2015 Mr Waiters and Witness A were in a relationship which became sexual ./Mr_James_Waiters__15540_-_Secretary_of_State_decision.pdf-shortly thereafter. ./Mr_James_Waiters__15540_-_Secretary_of_State_decision.pdf- ./Mr_James_Waiters__15540_-_Secretary_of_State_decision.pdf-As already noted, there was a dispute as to the precise date on which Witness A came ./Mr_James_Waiters__15540_-_Secretary_of_State_decision.pdf-off the School's roll. ./Mr_James_Waiters__15540_-_Secretary_of_State_decision.pdf- ./Mr_James_Waiters__15540_-_Secretary_of_State_decision.pdf-Having carefully considered all of the evidence and on the balance of probabilities, the ./Mr_James_Waiters__15540_-_Secretary_of_State_decision.pdf-panel concluded that the relationship was inappropriate. On the particular facts of this ./Mr_James_Waiters__15540_-_Secretary_of_State_decision.pdf- ./Mr_James_Waiters__15540_-_Secretary_of_State_decision.pdf- 8 ./Mr_James_Waiters__15540_-_Secretary_of_State_decision.pdf- -- ./Mr_James_Waiters__15540_-_Secretary_of_State_decision.pdf:case, the panel concluded that the fact that the relationship became sexual so soon after ./Mr_James_Waiters__15540_-_Secretary_of_State_decision.pdf-the end of the summer term, whether or not Witness A had formally come off the roll, was ./Mr_James_Waiters__15540_-_Secretary_of_State_decision.pdf-such that it was certainly inappropriate. ./Mr_James_Waiters__15540_-_Secretary_of_State_decision.pdf- ./Mr_James_Waiters__15540_-_Secretary_of_State_decision.pdf-It also considered that the way in which the relationship developed was such that Mr ./Mr_James_Waiters__15540_-_Secretary_of_State_decision.pdf-Waiters had allowed his professional boundaries to become blurred and he had failed to ./Mr_James_Waiters__15540_-_Secretary_of_State_decision.pdf-maintain appropriate professional standards. ./Mr_James_Waiters__15540_-_Secretary_of_State_decision.pdf- ./Mr_James_Waiters__15540_-_Secretary_of_State_decision.pdf-In arriving at its decision the panel had regard to the fact that Witness A and Mr Waiters ./Mr_James_Waiters__15540_-_Secretary_of_State_decision.pdf-took steps to conceal their relationship. ./Mr_James_Waiters__15540_-_Secretary_of_State_decision.pdf- -- ./Mr_James_Waiters__15540_-_Secretary_of_State_decision.pdf-serious departure from the personal and professional conduct elements of the Teachers’ ./Mr_James_Waiters__15540_-_Secretary_of_State_decision.pdf-Standards and dishonesty had been found proven. ./Mr_James_Waiters__15540_-_Secretary_of_State_decision.pdf- ./Mr_James_Waiters__15540_-_Secretary_of_State_decision.pdf-Given their potential relevance to its findings, the panel carefully considered whether the ./Mr_James_Waiters__15540_-_Secretary_of_State_decision.pdf-following behaviours in particular were present: ./Mr_James_Waiters__15540_-_Secretary_of_State_decision.pdf- ./Mr_James_Waiters__15540_-_Secretary_of_State_decision.pdf-  misconduct seriously affecting the education and/or well-being of pupils, and ./Mr_James_Waiters__15540_-_Secretary_of_State_decision.pdf- particularly where there is a continuing risk; and/or ./Mr_James_Waiters__15540_-_Secretary_of_State_decision.pdf-  abuse of position or trust (particularly involving vulnerable pupils) or violation of the ./Mr_James_Waiters__15540_-_Secretary_of_State_decision.pdf- rights of pupils; and/or ./Mr_James_Waiters__15540_-_Secretary_of_State_decision.pdf:  sexual misconduct, eg involving actions that were sexually motivated or of a ./Mr_James_Waiters__15540_-_Secretary_of_State_decision.pdf: sexual nature and/or that use or exploit the trust, knowledge or influence derived ./Mr_James_Waiters__15540_-_Secretary_of_State_decision.pdf- from the individual’s professional position. ./Mr_James_Waiters__15540_-_Secretary_of_State_decision.pdf-On balance, the panel concluded that on the particular facts of this case these ./Mr_James_Waiters__15540_-_Secretary_of_State_decision.pdf-behaviours were not present. ./Mr_James_Waiters__15540_-_Secretary_of_State_decision.pdf- ./Mr_James_Waiters__15540_-_Secretary_of_State_decision.pdf-Even though there were behaviours that would point to a prohibition order being ./Mr_James_Waiters__15540_-_Secretary_of_State_decision.pdf-appropriate, the panel went on to consider whether or not there were sufficient mitigating ./Mr_James_Waiters__15540_-_Secretary_of_State_decision.pdf-factors to militate against a prohibition order being an appropriate and proportionate ./Mr_James_Waiters__15540_-_Secretary_of_State_decision.pdf-measure to impose, particularly taking into account the nature and severity of the ./Mr_James_Waiters__15540_-_Secretary_of_State_decision.pdf-behaviour in this case. ./Mr_James_Waiters__15540_-_Secretary_of_State_decision.pdf- -- ./Mr_James_Waiters__15540_-_Secretary_of_State_decision.pdf-I have given greater weight in my consideration of sanction to the finding of an ./Mr_James_Waiters__15540_-_Secretary_of_State_decision.pdf-innapropriate relationship. The panel have said: “Having carefully considered all of the ./Mr_James_Waiters__15540_-_Secretary_of_State_decision.pdf-evidence and on the balance of probabilities, the panel concluded that the relationship ./Mr_James_Waiters__15540_-_Secretary_of_State_decision.pdf-was inappropriate. On the particular facts of this case, the panel concluded that the fact ./Mr_James_Waiters__15540_-_Secretary_of_State_decision.pdf:that the relationship became sexual so soon after the end of the summer term, whether ./Mr_James_Waiters__15540_-_Secretary_of_State_decision.pdf-or not Witness A had formally come off the roll, was such that it was certainly ./Mr_James_Waiters__15540_-_Secretary_of_State_decision.pdf-inappropriate”. ./Mr_James_Waiters__15540_-_Secretary_of_State_decision.pdf- ./Mr_James_Waiters__15540_-_Secretary_of_State_decision.pdf-It also considered that the way in which the relationship developed was such that Mr ./Mr_James_Waiters__15540_-_Secretary_of_State_decision.pdf-Waiters had allowed his professional boundaries to become blurred and he had failed to ./Mr_James_Waiters__15540_-_Secretary_of_State_decision.pdf-maintain appropriate professional standards. ./Mr_James_Waiters__15540_-_Secretary_of_State_decision.pdf- ./Mr_James_Waiters__15540_-_Secretary_of_State_decision.pdf-In arriving at its decision the panel had regard to the fact that Witness A and Mr Waiters ./Mr_James_Waiters__15540_-_Secretary_of_State_decision.pdf-took steps to conceal their relationship. ./Mr_James_Waiters__15540_-_Secretary_of_State_decision.pdf- -- ./Mr_James_Waiters__15540_-_Secretary_of_State_decision.pdf-Neither Mr Waiters nor Witness A gave evidence that they had given any conscious ./Mr_James_Waiters__15540_-_Secretary_of_State_decision.pdf-thought as to the precise date on which she had come off the School roll before engaging ./Mr_James_Waiters__15540_-_Secretary_of_State_decision.pdf-in the relationship. ./Mr_James_Waiters__15540_-_Secretary_of_State_decision.pdf- ./Mr_James_Waiters__15540_-_Secretary_of_State_decision.pdf-I have given significant weight to this finding in considering the sanction in this case. ./Mr_James_Waiters__15540_-_Secretary_of_State_decision.pdf- ./Mr_James_Waiters__15540_-_Secretary_of_State_decision.pdf-I have given less weight in terms of mitigation to the statement from the panel that, “the ./Mr_James_Waiters__15540_-_Secretary_of_State_decision.pdf-relationship recommenced at the end of October 2015 and has continued since.” ./Mr_James_Waiters__15540_-_Secretary_of_State_decision.pdf- ./Mr_James_Waiters__15540_-_Secretary_of_State_decision.pdf-I have carefully considered the guidance published by the Secretary of State. The ./Mr_James_Waiters__15540_-_Secretary_of_State_decision.pdf:guidance says, “sexual misconduct e.g. involving actions that were sexually motivated or ./Mr_James_Waiters__15540_-_Secretary_of_State_decision.pdf:of a sexual nature and/or that use or exploit the trust, knowledge or influence derived ./Mr_James_Waiters__15540_-_Secretary_of_State_decision.pdf-from the individual’s professional position. “ ./Mr_James_Waiters__15540_-_Secretary_of_State_decision.pdf- ./Mr_James_Waiters__15540_-_Secretary_of_State_decision.pdf- ./Mr_James_Waiters__15540_-_Secretary_of_State_decision.pdf- ./Mr_James_Waiters__15540_-_Secretary_of_State_decision.pdf- 18 ./Mr_James_Waiters__15540_-_Secretary_of_State_decision.pdf- -- ./Mr_James_Waiters__15540_-_Secretary_of_State_decision.pdf:This case is very challenging. On the one hand it is clear that the sexual relationship ./Mr_James_Waiters__15540_-_Secretary_of_State_decision.pdf-commenced after Pupil A was 18 years old. There is a factual dispute as to whether or ./Mr_James_Waiters__15540_-_Secretary_of_State_decision.pdf-not Pupil A was still a pupil. Nonetheless the panel has found that the relationship was ./Mr_James_Waiters__15540_-_Secretary_of_State_decision.pdf:inappropriate. I have not gone behind that finding. It became a sexual relationship before ./Mr_James_Waiters__15540_-_Secretary_of_State_decision.pdf-the end of August when she had taken her A Levels during the summer term. So the ./Mr_James_Waiters__15540_-_Secretary_of_State_decision.pdf-relationship began in very close proximity to the time when she was a pupil and when Mr ./Mr_James_Waiters__15540_-_Secretary_of_State_decision.pdf-Waiters had a professional position in relation to her. ./Mr_James_Waiters__15540_-_Secretary_of_State_decision.pdf- ./Mr_James_Waiters__15540_-_Secretary_of_State_decision.pdf-The panel has also said, “the panel considered that its findings would undoubtedly affect ./Mr_James_Waiters__15540_-_Secretary_of_State_decision.pdf-his professional reputation and employment prospects, should he desire to return to the ./Mr_James_Waiters__15540_-_Secretary_of_State_decision.pdf-profession.” ./Mr_James_Waiters__15540_-_Secretary_of_State_decision.pdf- ./Mr_James_Waiters__15540_-_Secretary_of_State_decision.pdf-I have weighed up all of the factors in this case. I have given greater weight to the fact ./Mr_James_Waiters__15540_-_Secretary_of_State_decision.pdf-that this was an inappropriate relationship. In my view the panel has not given sufficient ./Mr_Jamie_Hancock__15685_-_SoS_Decision.pdf- ./Mr_Jamie_Hancock__15685_-_SoS_Decision.pdf- xi. "Entwines my fingers with yours, pinning a little harder as the tip of ./Mr_Jamie_Hancock__15685_-_SoS_Decision.pdf- my tongue traces the outline of your lips"; ./Mr_Jamie_Hancock__15685_-_SoS_Decision.pdf- ./Mr_Jamie_Hancock__15685_-_SoS_Decision.pdf- b. Met them outside of the school setting including: ./Mr_Jamie_Hancock__15685_-_SoS_Decision.pdf- ./Mr_Jamie_Hancock__15685_-_SoS_Decision.pdf- i. Driving them in your car; ./Mr_Jamie_Hancock__15685_-_SoS_Decision.pdf- ./Mr_Jamie_Hancock__15685_-_SoS_Decision.pdf- ii. Visiting Pupil C in hospital in or around Easter 2016; ./Mr_Jamie_Hancock__15685_-_SoS_Decision.pdf- ./Mr_Jamie_Hancock__15685_-_SoS_Decision.pdf: c. Viewed pornographic imagery on a Tumblr blog that Pupil A directed you to; ./Mr_Jamie_Hancock__15685_-_SoS_Decision.pdf- ./Mr_Jamie_Hancock__15685_-_SoS_Decision.pdf- d. Gave Pupil A a mobile phone; ./Mr_Jamie_Hancock__15685_-_SoS_Decision.pdf- ./Mr_Jamie_Hancock__15685_-_SoS_Decision.pdf- ./Mr_Jamie_Hancock__15685_-_SoS_Decision.pdf- ./Mr_Jamie_Hancock__15685_-_SoS_Decision.pdf- ./Mr_Jamie_Hancock__15685_-_SoS_Decision.pdf- 4 ./Mr_Jamie_Hancock__15685_-_SoS_Decision.pdf- -- ./Mr_Jamie_Hancock__15685_-_SoS_Decision.pdf- Resource Resources – Acceptable Use Policy'. ./Mr_Jamie_Hancock__15685_-_SoS_Decision.pdf- ./Mr_Jamie_Hancock__15685_-_SoS_Decision.pdf-The above factual particulars 1.b.ii. and 1.c. were amended, by agreement of both ./Mr_Jamie_Hancock__15685_-_SoS_Decision.pdf-parties, from the allegations that appear in the Notice of Proceedings. The panel were ./Mr_Jamie_Hancock__15685_-_SoS_Decision.pdf-content that such amendments could properly be made in the interests of justice as per ./Mr_Jamie_Hancock__15685_-_SoS_Decision.pdf-paragraph 4.56 of the Teacher misconduct: Disciplinary procedures for the teaching ./Mr_Jamie_Hancock__15685_-_SoS_Decision.pdf-profession (“the Procedures”) . ./Mr_Jamie_Hancock__15685_-_SoS_Decision.pdf- ./Mr_Jamie_Hancock__15685_-_SoS_Decision.pdf-Mr Hancock made admissions in relation to the following factual particulars: ./Mr_Jamie_Hancock__15685_-_SoS_Decision.pdf- ./Mr_Jamie_Hancock__15685_-_SoS_Decision.pdf:1..a., 1.b., 1.c. (with the exception of any admission that the imagery was pornographic), ./Mr_Jamie_Hancock__15685_-_SoS_Decision.pdf-1.d., 1.e. and 3. (in relation to 1.a. only). The preamble to factual allegation 1. was also ./Mr_Jamie_Hancock__15685_-_SoS_Decision.pdf-admitted i.e. that Mr Hancock failed to maintain professional boundaries with one or more ./Mr_Jamie_Hancock__15685_-_SoS_Decision.pdf-pupils. ./Mr_Jamie_Hancock__15685_-_SoS_Decision.pdf- ./Mr_Jamie_Hancock__15685_-_SoS_Decision.pdf-The only facts in dispute at the hearing were therefore whether the imagery referred to at ./Mr_Jamie_Hancock__15685_-_SoS_Decision.pdf:factual allegation 1.c. was pornographic in nature; whether the conduct demonstrated ./Mr_Jamie_Hancock__15685_-_SoS_Decision.pdf:towards Pupil A was sexually motivated and whether the actions alleged at 1.c. were ./Mr_Jamie_Hancock__15685_-_SoS_Decision.pdf-contrary to the school's computer use policy. ./Mr_Jamie_Hancock__15685_-_SoS_Decision.pdf- ./Mr_Jamie_Hancock__15685_-_SoS_Decision.pdf-Mr Hancock denied that he was guilty of unacceptable professional conduct and/or ./Mr_Jamie_Hancock__15685_-_SoS_Decision.pdf-conduct that may bring the profession into disrepute. ./Mr_Jamie_Hancock__15685_-_SoS_Decision.pdf- ./Mr_Jamie_Hancock__15685_-_SoS_Decision.pdf- ./Mr_Jamie_Hancock__15685_-_SoS_Decision.pdf-C. Preliminary applications ./Mr_Jamie_Hancock__15685_-_SoS_Decision.pdf-The only preliminary application, that did not relate to admissibility of documents, was to ./Mr_Jamie_Hancock__15685_-_SoS_Decision.pdf-amend the factual allegations as detailed above. ./Mr_Jamie_Hancock__15685_-_SoS_Decision.pdf- -- ./Mr_Jamie_Hancock__15685_-_SoS_Decision.pdf- ./Mr_Jamie_Hancock__15685_-_SoS_Decision.pdf-The panel has carefully considered the case before us and have reached a decision. ./Mr_Jamie_Hancock__15685_-_SoS_Decision.pdf- ./Mr_Jamie_Hancock__15685_-_SoS_Decision.pdf-The panel confirms that it has read all the documents provided in the bundle in advance ./Mr_Jamie_Hancock__15685_-_SoS_Decision.pdf-of the hearing. ./Mr_Jamie_Hancock__15685_-_SoS_Decision.pdf- ./Mr_Jamie_Hancock__15685_-_SoS_Decision.pdf-This is a case about a teacher who embarked on a course of conduct with students that it ./Mr_Jamie_Hancock__15685_-_SoS_Decision.pdf-was alleged exceeded proper professional boundaries. His conduct involved exchanging ./Mr_Jamie_Hancock__15685_-_SoS_Decision.pdf-numerous social media messages with students that included messages containing ./Mr_Jamie_Hancock__15685_-_SoS_Decision.pdf-sexual overtones and it was alleged were therefore created with sexual motivation. He ./Mr_Jamie_Hancock__15685_-_SoS_Decision.pdf:also viewed pornographic activity on a social media blog that he had been directed to by ./Mr_Jamie_Hancock__15685_-_SoS_Decision.pdf-a student. He also drove students in his car, gave a student the gift of a mobile phone ./Mr_Jamie_Hancock__15685_-_SoS_Decision.pdf-and visited a student in hospital, all in circumstances that exceeded proper professional ./Mr_Jamie_Hancock__15685_-_SoS_Decision.pdf-boundaries. He was also alleged to have breached the School's computer use policy. ./Mr_Jamie_Hancock__15685_-_SoS_Decision.pdf- ./Mr_Jamie_Hancock__15685_-_SoS_Decision.pdf-Findings of fact ./Mr_Jamie_Hancock__15685_-_SoS_Decision.pdf-Our findings of fact are as follows: ./Mr_Jamie_Hancock__15685_-_SoS_Decision.pdf- ./Mr_Jamie_Hancock__15685_-_SoS_Decision.pdf-The panel has found the following particulars of the allegations against you proven, for ./Mr_Jamie_Hancock__15685_-_SoS_Decision.pdf-these reasons: ./Mr_Jamie_Hancock__15685_-_SoS_Decision.pdf- -- ./Mr_Jamie_Hancock__15685_-_SoS_Decision.pdf-not seek sufficient advice or take proper account of School policies. With regard to the ./Mr_Jamie_Hancock__15685_-_SoS_Decision.pdf-hospital visit, he may have been trying to help but his course of conduct was quite wrong ./Mr_Jamie_Hancock__15685_-_SoS_Decision.pdf-given Pupil C was a pupil at the School and he was suspended from his role at the time. ./Mr_Jamie_Hancock__15685_-_SoS_Decision.pdf- ./Mr_Jamie_Hancock__15685_-_SoS_Decision.pdf: c. Viewed pornographic imagery on a Tumblr blog that Pupil A directed ./Mr_Jamie_Hancock__15685_-_SoS_Decision.pdf- you to; ./Mr_Jamie_Hancock__15685_-_SoS_Decision.pdf- ./Mr_Jamie_Hancock__15685_-_SoS_Decision.pdf-The only part of this allegation that was in dispute was whether the imagery was ./Mr_Jamie_Hancock__15685_-_SoS_Decision.pdf:pornographic. The panel is satisfied that it was pornographic as Mr Hancock stated in his ./Mr_Jamie_Hancock__15685_-_SoS_Decision.pdf-police interview that it was so. The panel is satisfied that he would not have said that if ./Mr_Jamie_Hancock__15685_-_SoS_Decision.pdf:the imagery had not been pornographic. The panel did not accept Mr Hancock's account ./Mr_Jamie_Hancock__15685_-_SoS_Decision.pdf-that he had said this in interview without properly understanding the definition of ./Mr_Jamie_Hancock__15685_-_SoS_Decision.pdf:'pornographic' and because he was tired and under pressure. ./Mr_Jamie_Hancock__15685_-_SoS_Decision.pdf- ./Mr_Jamie_Hancock__15685_-_SoS_Decision.pdf- d. Gave Pupil A a mobile phone; ./Mr_Jamie_Hancock__15685_-_SoS_Decision.pdf- ./Mr_Jamie_Hancock__15685_-_SoS_Decision.pdf-This fact was admitted in full. The panel finds that the direct passing of such a gift from a ./Mr_Jamie_Hancock__15685_-_SoS_Decision.pdf-teacher to a student clearly goes beyond proper professional boundaries. The panel ./Mr_Jamie_Hancock__15685_-_SoS_Decision.pdf-accepted Mr Hancock's account that he did this purely because Pupil A's phone had ./Mr_Jamie_Hancock__15685_-_SoS_Decision.pdf-broken and that he had informed Pupil A's mother of the gift after he had passed it to ./Mr_Jamie_Hancock__15685_-_SoS_Decision.pdf-Pupil A. The panel accepted that it was an old phone that he no longer used. However he ./Mr_Jamie_Hancock__15685_-_SoS_Decision.pdf-had not followed professional protocols in advance of giving the gift and therefore ./Mr_Jamie_Hancock__15685_-_SoS_Decision.pdf-exposed himself to risk. ./Mr_Jamie_Hancock__15685_-_SoS_Decision.pdf- ./Mr_Jamie_Hancock__15685_-_SoS_Decision.pdf- e. Kissed Pupil F on the side of their head on an occasion on or around ./Mr_Jamie_Hancock__15685_-_SoS_Decision.pdf- 12 May 2011; ./Mr_Jamie_Hancock__15685_-_SoS_Decision.pdf- ./Mr_Jamie_Hancock__15685_-_SoS_Decision.pdf-This fact was admitted in full. Clearly, kissing a student at school and in the presence of ./Mr_Jamie_Hancock__15685_-_SoS_Decision.pdf-other students and other members of staff, demonstrates a failure to maintain proper ./Mr_Jamie_Hancock__15685_-_SoS_Decision.pdf-professional boundaries. The panel noted that Mr Hancock received a verbal warning for ./Mr_Jamie_Hancock__15685_-_SoS_Decision.pdf-this conduct. ./Mr_Jamie_Hancock__15685_-_SoS_Decision.pdf- ./Mr_Jamie_Hancock__15685_-_SoS_Decision.pdf: 2. Your conduct towards Pupil A at 1.a. and/or 1.c. above was sexually ./Mr_Jamie_Hancock__15685_-_SoS_Decision.pdf- motivated; ./Mr_Jamie_Hancock__15685_-_SoS_Decision.pdf- ./Mr_Jamie_Hancock__15685_-_SoS_Decision.pdf:The panel is satisfied that Mr Hancock's conduct was sexually motivated and so find this ./Mr_Jamie_Hancock__15685_-_SoS_Decision.pdf-allegation proved. The initial exchanges may well have been conducted in a role-play ./Mr_Jamie_Hancock__15685_-_SoS_Decision.pdf:setting but as they progressed they very obviously became sexually descriptive and ./Mr_Jamie_Hancock__15685_-_SoS_Decision.pdf:included reference to sexual fantasies. The panel is satisfied that there is no other ./Mr_Jamie_Hancock__15685_-_SoS_Decision.pdf-feasible explanation for why Mr Hancock took part in these exchanges, given their ./Mr_Jamie_Hancock__15685_-_SoS_Decision.pdf:nature, other than for the purposes of sexual gratification. His motivation was therefore ./Mr_Jamie_Hancock__15685_-_SoS_Decision.pdf:sexual. The panel gave very careful consideration to Mr Hancock's explanation for these ./Mr_Jamie_Hancock__15685_-_SoS_Decision.pdf-exchanges, in particular his claim that they were in support of Pupil A. However it cannot ./Mr_Jamie_Hancock__15685_-_SoS_Decision.pdf-ever be appropriate for a teacher to support a pupil by communicating with them in such ./Mr_Jamie_Hancock__15685_-_SoS_Decision.pdf:a way. Even if the exchanges were part of a role-play game they still contained sexual ./Mr_Jamie_Hancock__15685_-_SoS_Decision.pdf- ./Mr_Jamie_Hancock__15685_-_SoS_Decision.pdf- ./Mr_Jamie_Hancock__15685_-_SoS_Decision.pdf- 8 ./Mr_Jamie_Hancock__15685_-_SoS_Decision.pdf- -- ./Mr_Jamie_Hancock__15685_-_SoS_Decision.pdf-Having found a number of the allegations to have been proven, the panel has gone on to ./Mr_Jamie_Hancock__15685_-_SoS_Decision.pdf-consider whether the facts of those proven allegations amount to unacceptable ./Mr_Jamie_Hancock__15685_-_SoS_Decision.pdf-professional conduct and/or conduct that may bring the profession into disrepute. ./Mr_Jamie_Hancock__15685_-_SoS_Decision.pdf- ./Mr_Jamie_Hancock__15685_-_SoS_Decision.pdf-In doing so, the panel has had regard to the document Teacher misconduct: The ./Mr_Jamie_Hancock__15685_-_SoS_Decision.pdf-prohibition of teachers, which the panel refers to as “the Advice”. ./Mr_Jamie_Hancock__15685_-_SoS_Decision.pdf- ./Mr_Jamie_Hancock__15685_-_SoS_Decision.pdf-At the heart of this case, in amongst other admitted allegations, is a relationship that Mr ./Mr_Jamie_Hancock__15685_-_SoS_Decision.pdf-Hancock formed with Pupil A that extended to the exchange of sexually motivated social ./Mr_Jamie_Hancock__15685_-_SoS_Decision.pdf-media messages that made reference to sexually descriptive actions. He also visited the ./Mr_Jamie_Hancock__15685_-_SoS_Decision.pdf:Pupil's Tumblr account to view pornographic material and gave a gift by way of a mobile ./Mr_Jamie_Hancock__15685_-_SoS_Decision.pdf-phone. His inappropriate relationships with students extended to others by way of the ./Mr_Jamie_Hancock__15685_-_SoS_Decision.pdf-other admitted facts. ./Mr_Jamie_Hancock__15685_-_SoS_Decision.pdf- ./Mr_Jamie_Hancock__15685_-_SoS_Decision.pdf-The panel is satisfied that the conduct of Mr Hancock in relation to the facts found ./Mr_Jamie_Hancock__15685_-_SoS_Decision.pdf-proven, involved breaches of the Teachers’ Standards. The panel considers that by ./Mr_Jamie_Hancock__15685_-_SoS_Decision.pdf-reference to Part Two, Mr Hancock is in breach of the following standards: ./Mr_Jamie_Hancock__15685_-_SoS_Decision.pdf- ./Mr_Jamie_Hancock__15685_-_SoS_Decision.pdf-  Teachers uphold public trust in the profession and maintain high standards of ./Mr_Jamie_Hancock__15685_-_SoS_Decision.pdf- ethics and behaviour, within and outside school, by: ./Mr_Jamie_Hancock__15685_-_SoS_Decision.pdf- o treating pupils with dignity, building relationships rooted in mutual respect, and -- ./Mr_Jamie_Hancock__15685_-_SoS_Decision.pdf-given in order to be punitive, or to show that blame has been apportioned, although they ./Mr_Jamie_Hancock__15685_-_SoS_Decision.pdf-are likely to have punitive effect. ./Mr_Jamie_Hancock__15685_-_SoS_Decision.pdf- ./Mr_Jamie_Hancock__15685_-_SoS_Decision.pdf-The panel has considered the particular public interest considerations set out in the ./Mr_Jamie_Hancock__15685_-_SoS_Decision.pdf-document Teacher misconduct: The prohibition of teachers (“the Advice”) and having ./Mr_Jamie_Hancock__15685_-_SoS_Decision.pdf-done so has found a number of them to be relevant in this case, namely: the protection of ./Mr_Jamie_Hancock__15685_-_SoS_Decision.pdf-pupils; the maintenance of public confidence in the profession; and the declaring of and ./Mr_Jamie_Hancock__15685_-_SoS_Decision.pdf-upholding of proper standards of conduct. ./Mr_Jamie_Hancock__15685_-_SoS_Decision.pdf- ./Mr_Jamie_Hancock__15685_-_SoS_Decision.pdf-In light of the panel’s findings against Mr Hancock, which involved numerous failures to ./Mr_Jamie_Hancock__15685_-_SoS_Decision.pdf:maintain proper professional boundaries and sexually motivated social media exchanges ./Mr_Jamie_Hancock__15685_-_SoS_Decision.pdf-with a pupil, there is a strong public interest in consideration of the sanction in this case. ./Mr_Jamie_Hancock__15685_-_SoS_Decision.pdf- ./Mr_Jamie_Hancock__15685_-_SoS_Decision.pdf-Notwithstanding the clear public interest considerations that were present, the panel ./Mr_Jamie_Hancock__15685_-_SoS_Decision.pdf-considered carefully whether or not it would be proportionate to impose a prohibition ./Mr_Jamie_Hancock__15685_-_SoS_Decision.pdf-order, taking into account the effect that this would have on Mr Hancock. ./Mr_Jamie_Hancock__15685_-_SoS_Decision.pdf- ./Mr_Jamie_Hancock__15685_-_SoS_Decision.pdf-In carrying out the balancing exercise, the panel has considered the public interest ./Mr_Jamie_Hancock__15685_-_SoS_Decision.pdf-considerations both in favour of and against prohibition as well as the interests of Mr ./Mr_Jamie_Hancock__15685_-_SoS_Decision.pdf-Hancock. The panel took further account of the Advice, which suggests that a prohibition ./Mr_Jamie_Hancock__15685_-_SoS_Decision.pdf-order may be appropriate if certain behaviours of a teacher have been proven. In the list -- ./Mr_Jamie_Hancock__15685_-_SoS_Decision.pdf-  serious departure from the personal and professional conduct elements of the ./Mr_Jamie_Hancock__15685_-_SoS_Decision.pdf- Teachers’ Standards; ./Mr_Jamie_Hancock__15685_-_SoS_Decision.pdf-  abuse of position or trust (particularly involving vulnerable pupils) or violation of the ./Mr_Jamie_Hancock__15685_-_SoS_Decision.pdf- rights of pupils; ./Mr_Jamie_Hancock__15685_-_SoS_Decision.pdf:  sexual misconduct, e.g. involving actions that were sexually motivated or of a ./Mr_Jamie_Hancock__15685_-_SoS_Decision.pdf: sexual nature and/or that use or exploit the trust, knowledge or influence derived ./Mr_Jamie_Hancock__15685_-_SoS_Decision.pdf- from the individual’s professional position. ./Mr_Jamie_Hancock__15685_-_SoS_Decision.pdf-Even though there were a number of behaviours that would point to the appropriateness ./Mr_Jamie_Hancock__15685_-_SoS_Decision.pdf-of a prohibition order, the panel went on to consider whether or not there were sufficient ./Mr_Jamie_Hancock__15685_-_SoS_Decision.pdf-mitigating factors to militate against the appropriateness and proportionality of a ./Mr_Jamie_Hancock__15685_-_SoS_Decision.pdf-prohibition order, while taking into account the nature and severity of the behaviour in this ./Mr_Jamie_Hancock__15685_-_SoS_Decision.pdf-case. After careful consideration the panel concluded that there was insufficient ./Mr_Jamie_Hancock__15685_-_SoS_Decision.pdf-mitigation present to militate against a prohibition order. Mr Hancock disputed the ./Mr_Jamie_Hancock__15685_-_SoS_Decision.pdf:sexually motivated nature of his actions and has therefore not offered any genuine ./Mr_Jamie_Hancock__15685_-_SoS_Decision.pdf-remorse or remediation in relation to his conduct. His actions were entirely deliberate and ./Mr_Jamie_Hancock__15685_-_SoS_Decision.pdf-a number of factors incompatible with remaining a teacher are present. He does have a ./Mr_Jamie_Hancock__15685_-_SoS_Decision.pdf-previous good history and the panel has noted this. The panel has read and considered ./Mr_Jamie_Hancock__15685_-_SoS_Decision.pdf-the character statements put forward on his behalf and noted his medical history. ./Mr_Jamie_Hancock__15685_-_SoS_Decision.pdf- ./Mr_Jamie_Hancock__15685_-_SoS_Decision.pdf-The panel is of the view that prohibition is both proportionate and appropriate. The panel ./Mr_Jamie_Hancock__15685_-_SoS_Decision.pdf-has decided that the public interest considerations outweigh the interests of Mr Hancock. ./Mr_Jamie_Hancock__15685_-_SoS_Decision.pdf-Accordingly, the panel makes a recommendation to the Secretary of State that a ./Mr_Jamie_Hancock__15685_-_SoS_Decision.pdf-prohibition order should be imposed with immediate effect. ./Mr_Jamie_Hancock__15685_-_SoS_Decision.pdf- ./Mr_Jamie_Hancock__15685_-_SoS_Decision.pdf-The panel went on to consider whether or not it would be appropriate for them to ./Mr_Jamie_Hancock__15685_-_SoS_Decision.pdf-recommend that a review period of the order should be considered. The panel was ./Mr_Jamie_Hancock__15685_-_SoS_Decision.pdf-mindful that the Advice states that a prohibition order applies for life, but there may be ./Mr_Jamie_Hancock__15685_-_SoS_Decision.pdf-circumstances in any given case that may make it appropriate to allow a teacher to apply ./Mr_Jamie_Hancock__15685_-_SoS_Decision.pdf-to have the prohibition order reviewed after a specified period of time that may not be ./Mr_Jamie_Hancock__15685_-_SoS_Decision.pdf-less than 2 years. ./Mr_Jamie_Hancock__15685_-_SoS_Decision.pdf- ./Mr_Jamie_Hancock__15685_-_SoS_Decision.pdf-The Advice indicates that there are behaviours that, if proven, would militate against the ./Mr_Jamie_Hancock__15685_-_SoS_Decision.pdf:recommendation of a review period. These behaviours include serious sexual ./Mr_Jamie_Hancock__15685_-_SoS_Decision.pdf:misconduct, e.g. where the act was sexually motivated and resulted in or had the ./Mr_Jamie_Hancock__15685_-_SoS_Decision.pdf-potential to result in, harm to a person or persons, particularly where the individual has ./Mr_Jamie_Hancock__15685_-_SoS_Decision.pdf-used their professional position to influence or exploit a person. The panel has found that ./Mr_Jamie_Hancock__15685_-_SoS_Decision.pdf:Mr Hancock has been responsible for sexually motivated social media communications ./Mr_Jamie_Hancock__15685_-_SoS_Decision.pdf-with a pupil and other activity that failed to maintain appropriate professional boundaries. ./Mr_Jamie_Hancock__15685_-_SoS_Decision.pdf:However, the panel did not feel this amounted to sexual misconduct of such a serious ./Mr_Jamie_Hancock__15685_-_SoS_Decision.pdf-nature as to justify prohibition without the ability to apply for review. The panel noted that ./Mr_Jamie_Hancock__15685_-_SoS_Decision.pdf-the actions of the teacher did not result in harm or progress to any physical contact or ./Mr_Jamie_Hancock__15685_-_SoS_Decision.pdf-relationship. ./Mr_Jamie_Hancock__15685_-_SoS_Decision.pdf- ./Mr_Jamie_Hancock__15685_-_SoS_Decision.pdf- ./Mr_Jamie_Hancock__15685_-_SoS_Decision.pdf- ./Mr_Jamie_Hancock__15685_-_SoS_Decision.pdf- 11 ./Mr_Jamie_Hancock__15685_-_SoS_Decision.pdf- -- ./Mr_Jamie_Hancock__15685_-_SoS_Decision.pdf-  Teachers uphold public trust in the profession and maintain high standards of ./Mr_Jamie_Hancock__15685_-_SoS_Decision.pdf- ethics and behaviour, within and outside school, by: ./Mr_Jamie_Hancock__15685_-_SoS_Decision.pdf- o treating pupils with dignity, building relationships rooted in mutual respect, and ./Mr_Jamie_Hancock__15685_-_SoS_Decision.pdf- at all times observing proper boundaries appropriate to a teacher’s ./Mr_Jamie_Hancock__15685_-_SoS_Decision.pdf- professional position; ./Mr_Jamie_Hancock__15685_-_SoS_Decision.pdf- o having regard for the need to safeguard pupils’ well-being, in accordance with ./Mr_Jamie_Hancock__15685_-_SoS_Decision.pdf- statutory provisions; ./Mr_Jamie_Hancock__15685_-_SoS_Decision.pdf-The panel finds that the conduct of Mr Hancock fell significantly short of the standards ./Mr_Jamie_Hancock__15685_-_SoS_Decision.pdf-expected of the profession. ./Mr_Jamie_Hancock__15685_-_SoS_Decision.pdf- ./Mr_Jamie_Hancock__15685_-_SoS_Decision.pdf:The findings of misconduct are particularly serious as they include a finding of sexual ./Mr_Jamie_Hancock__15685_-_SoS_Decision.pdf-motivation. ./Mr_Jamie_Hancock__15685_-_SoS_Decision.pdf- ./Mr_Jamie_Hancock__15685_-_SoS_Decision.pdf-I have to determine whether the imposition of a prohibition order is proportionate and in ./Mr_Jamie_Hancock__15685_-_SoS_Decision.pdf-the public interest. In considering that for this case I have considered the overall aim of a ./Mr_Jamie_Hancock__15685_-_SoS_Decision.pdf-prohibition order which is to protect pupils and to maintain public confidence in the ./Mr_Jamie_Hancock__15685_-_SoS_Decision.pdf-profession. I have considered the extent to which a prohibition order in this case would ./Mr_Jamie_Hancock__15685_-_SoS_Decision.pdf-achieve that aim taking into account the impact that it will have on the individual teacher. ./Mr_Jamie_Hancock__15685_-_SoS_Decision.pdf-I have also asked myself whether or not a less intrusive measure, such as the published ./Mr_Jamie_Hancock__15685_-_SoS_Decision.pdf- ./Mr_Jamie_Hancock__15685_-_SoS_Decision.pdf- 12 -- ./Mr_Jamie_Hancock__15685_-_SoS_Decision.pdf-finding of unacceptable professional conduct and conduct that may bring the profession ./Mr_Jamie_Hancock__15685_-_SoS_Decision.pdf-into disrepute, would itself be sufficient to achieve the overall aim. I have to consider ./Mr_Jamie_Hancock__15685_-_SoS_Decision.pdf-whether the consequences of such a publication are themselves sufficient. I have ./Mr_Jamie_Hancock__15685_-_SoS_Decision.pdf-considered therefore whether or not prohibiting Mr Hancock, and the impact that will have ./Mr_Jamie_Hancock__15685_-_SoS_Decision.pdf-on him, is proportionate. ./Mr_Jamie_Hancock__15685_-_SoS_Decision.pdf- ./Mr_Jamie_Hancock__15685_-_SoS_Decision.pdf-In this case I have considered the extent to which a prohibition order would protect ./Mr_Jamie_Hancock__15685_-_SoS_Decision.pdf-children. The panel has observed its findings, “involved numerous failures to maintain ./Mr_Jamie_Hancock__15685_-_SoS_Decision.pdf:proper professional boundaries and sexually motivated social media exchanges with a ./Mr_Jamie_Hancock__15685_-_SoS_Decision.pdf-pupil.” A prohibition order would therefore prevent such a risk from being present. I have ./Mr_Jamie_Hancock__15685_-_SoS_Decision.pdf-also taken into account the panel’s comments on insight and remorse which the panel ./Mr_Jamie_Hancock__15685_-_SoS_Decision.pdf:sets out as follows, “Mr Hancock disputed the sexually motivated nature of his actions ./Mr_Jamie_Hancock__15685_-_SoS_Decision.pdf-and has therefore not offered any genuine remorse or remediation in relation to his ./Mr_Jamie_Hancock__15685_-_SoS_Decision.pdf-conduct.” The panel has also commented that Mr Hancock’s actions were, “entirely ./Mr_Jamie_Hancock__15685_-_SoS_Decision.pdf-deliberate and a number of factors incompatible with remaining a teacher are present.” In ./Mr_Jamie_Hancock__15685_-_SoS_Decision.pdf-my judgement the lack of insight means that there is some risk of the repetition of this ./Mr_Jamie_Hancock__15685_-_SoS_Decision.pdf-behaviour and this risks future pupils’ safety. I have therefore given this element ./Mr_Jamie_Hancock__15685_-_SoS_Decision.pdf-considerable weight in reaching my decision. ./Mr_Jamie_Hancock__15685_-_SoS_Decision.pdf- ./Mr_Jamie_Hancock__15685_-_SoS_Decision.pdf-I have gone on to consider the extent to which a prohibition order would maintain public ./Mr_Jamie_Hancock__15685_-_SoS_Decision.pdf-confidence in the profession. The panel observe that the, “findings of misconduct are ./Mr_Jamie_Hancock__15685_-_SoS_Decision.pdf-serious and the conduct displayed would likely have a negative impact on the individual’s ./Mr_Jamie_Hancock__15685_-_SoS_Decision.pdf-status as a teacher, potentially damaging the public perception.” I am particularly mindful ./Mr_Jamie_Hancock__15685_-_SoS_Decision.pdf:of the finding of sexual motivation in this case and the impact that such a finding has on ./Mr_Jamie_Hancock__15685_-_SoS_Decision.pdf-the reputation of the profession. ./Mr_Jamie_Hancock__15685_-_SoS_Decision.pdf- ./Mr_Jamie_Hancock__15685_-_SoS_Decision.pdf-I have had to consider that the public has a high expectation of professional standards of ./Mr_Jamie_Hancock__15685_-_SoS_Decision.pdf-all teachers and that failure to impose a prohibition order might be regarded by the public ./Mr_Jamie_Hancock__15685_-_SoS_Decision.pdf-as a failure to uphold those high standards. In weighing these considerations I have had ./Mr_Jamie_Hancock__15685_-_SoS_Decision.pdf-to consider the matter from the point of view of an “ordinary intelligent and well-informed ./Mr_Jamie_Hancock__15685_-_SoS_Decision.pdf-citizen.” ./Mr_Jamie_Hancock__15685_-_SoS_Decision.pdf- ./Mr_Jamie_Hancock__15685_-_SoS_Decision.pdf-I have considered whether the publication of a finding of unacceptable professional ./Mr_Jamie_Hancock__15685_-_SoS_Decision.pdf-conduct, in the absence of a prohibition order, can itself be regarded by such a person as -- ./Mr_Jamie_Hancock__15685_-_SoS_Decision.pdf-interest requirement concerning public confidence in the profession. ./Mr_Jamie_Hancock__15685_-_SoS_Decision.pdf- ./Mr_Jamie_Hancock__15685_-_SoS_Decision.pdf-For these reasons I have concluded that a prohibition order is proportionate and in the ./Mr_Jamie_Hancock__15685_-_SoS_Decision.pdf-public interest in order to achieve the aims which a prohibition order is intended to ./Mr_Jamie_Hancock__15685_-_SoS_Decision.pdf-achieve. ./Mr_Jamie_Hancock__15685_-_SoS_Decision.pdf- ./Mr_Jamie_Hancock__15685_-_SoS_Decision.pdf-I have gone on to consider the matter of a review period. In this case the panel has ./Mr_Jamie_Hancock__15685_-_SoS_Decision.pdf-recommended a 5 year review period. ./Mr_Jamie_Hancock__15685_-_SoS_Decision.pdf- ./Mr_Jamie_Hancock__15685_-_SoS_Decision.pdf-I have considered the panel’s comments on Mr Hancock’s actions that, “the panel did not ./Mr_Jamie_Hancock__15685_-_SoS_Decision.pdf:feel this amounted to sexual misconduct of such a serious nature as to justify prohibition ./Mr_Jamie_Hancock__15685_-_SoS_Decision.pdf-without the ability to apply for review.” ./Mr_Jamie_Hancock__15685_-_SoS_Decision.pdf- ./Mr_Jamie_Hancock__15685_-_SoS_Decision.pdf-The panel has also said that a 5 year review period would, “be appropriate” and as such ./Mr_Jamie_Hancock__15685_-_SoS_Decision.pdf-the panel decided, “it would be proportionate in all the circumstances.” ./Mr_Jamie_Hancock__15685_-_SoS_Decision.pdf- ./Mr_Jamie_Hancock__15685_-_SoS_Decision.pdf-I have considered whether a 5 year review period reflects the seriousness of the findings ./Mr_Jamie_Hancock__15685_-_SoS_Decision.pdf-and is a proportionate period to achieve the aim of maintaining public confidence in the ./Mr_Jamie_Hancock__15685_-_SoS_Decision.pdf-profession. In this case, I am of the view it does. ./Mr_Jamie_Hancock__15685_-_SoS_Decision.pdf- ./Mr_Jamie_Hancock__15685_-_SoS_Decision.pdf-I consider therefore that a five year review period is required to satisfy the maintenance ./Mr_John_Thorn_Professional_conduct_panel_outcome.pdf- c. on or around Friday 22 July 2016 he: ./Mr_John_Thorn_Professional_conduct_panel_outcome.pdf- ./Mr_John_Thorn_Professional_conduct_panel_outcome.pdf- i. hugged Pupil B ./Mr_John_Thorn_Professional_conduct_panel_outcome.pdf- ./Mr_John_Thorn_Professional_conduct_panel_outcome.pdf- ii. kissed Pupil B on the cheek ./Mr_John_Thorn_Professional_conduct_panel_outcome.pdf- ./Mr_John_Thorn_Professional_conduct_panel_outcome.pdf- 3. His behaviour as may be found proven at Allegations 1 and 2 above was conduct ./Mr_John_Thorn_Professional_conduct_panel_outcome.pdf: of a sexual nature and/or was sexually motivated; ./Mr_John_Thorn_Professional_conduct_panel_outcome.pdf- ./Mr_John_Thorn_Professional_conduct_panel_outcome.pdf- 4. His conduct as may be found proven at Allegation 1(b)(iv) was dishonest and/or ./Mr_John_Thorn_Professional_conduct_panel_outcome.pdf- lacked integrity; ./Mr_John_Thorn_Professional_conduct_panel_outcome.pdf- ./Mr_John_Thorn_Professional_conduct_panel_outcome.pdf- 5. His behaviour as may be found proven at Allegation 1(a) and 2(a) above was ./Mr_John_Thorn_Professional_conduct_panel_outcome.pdf- despite his knowledge of Pupil A’s vulnerabilities; ./Mr_John_Thorn_Professional_conduct_panel_outcome.pdf- ./Mr_John_Thorn_Professional_conduct_panel_outcome.pdf- 6. His behaviour as may be found proven at 1(a) and/or 2(a) was despite a final ./Mr_John_Thorn_Professional_conduct_panel_outcome.pdf- written warning on 5 October 2016 for failure to maintain appropriate professional ./Mr_John_Thorn_Professional_conduct_panel_outcome.pdf- boundaries including in physical interactions by being excessively tactile. -- ./Mr_John_Thorn_Professional_conduct_panel_outcome.pdf-An investigation was carried out in or around September 2016 and during this time Mr ./Mr_John_Thorn_Professional_conduct_panel_outcome.pdf-Thorn was suspended from his role. ./Mr_John_Thorn_Professional_conduct_panel_outcome.pdf- ./Mr_John_Thorn_Professional_conduct_panel_outcome.pdf-The investigation found that Mr Thorn failed to maintain professional boundaries with a ./Mr_John_Thorn_Professional_conduct_panel_outcome.pdf-student and had seriously breached the school’s policy and procedures. On or around 5 ./Mr_John_Thorn_Professional_conduct_panel_outcome.pdf-October 2016, Mr Thorn was given a final written warning which was active for two years ./Mr_John_Thorn_Professional_conduct_panel_outcome.pdf-and it was agreed he would not continue his sixth form pastoral role. The final written ./Mr_John_Thorn_Professional_conduct_panel_outcome.pdf-warning expired in October 2018. ./Mr_John_Thorn_Professional_conduct_panel_outcome.pdf- ./Mr_John_Thorn_Professional_conduct_panel_outcome.pdf-On or around 17 June 2019, a further incident arose, this time concerning Pupil A. The ./Mr_John_Thorn_Professional_conduct_panel_outcome.pdf:mother of Pupil A reported Mr Thorn to the police for sexual assault. The headteacher of ./Mr_John_Thorn_Professional_conduct_panel_outcome.pdf-the school referred the matter to the local authority designated officer on 19 June 2019. ./Mr_John_Thorn_Professional_conduct_panel_outcome.pdf- ./Mr_John_Thorn_Professional_conduct_panel_outcome.pdf:It was alleged that Mr Thorn made sexual or other inappropriate contact with Pupil A and ./Mr_John_Thorn_Professional_conduct_panel_outcome.pdf-that he had failed to maintain appropriate professional boundaries with Pupil A. ./Mr_John_Thorn_Professional_conduct_panel_outcome.pdf- ./Mr_John_Thorn_Professional_conduct_panel_outcome.pdf- ./Mr_John_Thorn_Professional_conduct_panel_outcome.pdf- ./Mr_John_Thorn_Professional_conduct_panel_outcome.pdf- 8 ./Mr_John_Thorn_Professional_conduct_panel_outcome.pdf- -- ./Mr_John_Thorn_Professional_conduct_panel_outcome.pdf-her A level examinations [redacted]. ./Mr_John_Thorn_Professional_conduct_panel_outcome.pdf- ./Mr_John_Thorn_Professional_conduct_panel_outcome.pdf-With regards to allegations 2. c. therefore, the panel is satisfied that the facts are proven. ./Mr_John_Thorn_Professional_conduct_panel_outcome.pdf- ./Mr_John_Thorn_Professional_conduct_panel_outcome.pdf-On consideration of the documents before the panel and the oral evidence provided at ./Mr_John_Thorn_Professional_conduct_panel_outcome.pdf-the hearing, and the totality of the facts proven, the panel was satisfied that allegation 2 ./Mr_John_Thorn_Professional_conduct_panel_outcome.pdf-was proven. The panel was satisfied that Mr Thorn had engaged in inappropriate ./Mr_John_Thorn_Professional_conduct_panel_outcome.pdf-physical contact with Pupils A and B. ./Mr_John_Thorn_Professional_conduct_panel_outcome.pdf- ./Mr_John_Thorn_Professional_conduct_panel_outcome.pdf- 3. Your behaviour as may be found proven at Allegations 1 and 2 above was ./Mr_John_Thorn_Professional_conduct_panel_outcome.pdf: conduct of a sexual nature and/or was sexually motivated; ./Mr_John_Thorn_Professional_conduct_panel_outcome.pdf- ./Mr_John_Thorn_Professional_conduct_panel_outcome.pdf-The panel’s attention was drawn to section 78 Sexual Offences Act 2003 and to the ./Mr_John_Thorn_Professional_conduct_panel_outcome.pdf-cases of Sait v The General Medical Council [2018] and Basson v General Medical ./Mr_John_Thorn_Professional_conduct_panel_outcome.pdf-Council [2018]. ./Mr_John_Thorn_Professional_conduct_panel_outcome.pdf- ./Mr_John_Thorn_Professional_conduct_panel_outcome.pdf:The panel gave a great deal of consideration to whether the conduct was of a sexual ./Mr_John_Thorn_Professional_conduct_panel_outcome.pdf:nature. The panel considered whether the conduct was in nature sexual, or because of ./Mr_John_Thorn_Professional_conduct_panel_outcome.pdf:its nature, might have become sexual. The panel was of the opinion that Mr Thorn ./Mr_John_Thorn_Professional_conduct_panel_outcome.pdf-possessed a tactile disposition and he customarily hugged students with the aim of ./Mr_John_Thorn_Professional_conduct_panel_outcome.pdf-offering them support and comfort. The evidence confirmed he would hug both male and ./Mr_John_Thorn_Professional_conduct_panel_outcome.pdf-female students. The evidence also supported the fact that on at least one occasion he ./Mr_John_Thorn_Professional_conduct_panel_outcome.pdf-had kissed a student on the cheek, it is accepted by Mr Thorn he kissed Pupil B on the ./Mr_John_Thorn_Professional_conduct_panel_outcome.pdf-crown of her head and Pupil B in her statement dated August 2016 refers to having seen ./Mr_John_Thorn_Professional_conduct_panel_outcome.pdf-Mr Thorn kiss one of his female tutees on the cheek on the last day of term. ./Mr_John_Thorn_Professional_conduct_panel_outcome.pdf- ./Mr_John_Thorn_Professional_conduct_panel_outcome.pdf-The panel does not accept in the context in which the acts proven took place, on the ./Mr_John_Thorn_Professional_conduct_panel_outcome.pdf:evidence before it, that these acts were sexual in nature. It considers that such ./Mr_John_Thorn_Professional_conduct_panel_outcome.pdf-interaction often occurs platonically between friends, supportive adults and family ./Mr_John_Thorn_Professional_conduct_panel_outcome.pdf-members and the panel considers it conceivable that this was the case in respect of the ./Mr_John_Thorn_Professional_conduct_panel_outcome.pdf-conduct in issue. The panel finds that there is insufficient evidence to persuade it that the ./Mr_John_Thorn_Professional_conduct_panel_outcome.pdf:conduct in question was sexual in nature. ./Mr_John_Thorn_Professional_conduct_panel_outcome.pdf- ./Mr_John_Thorn_Professional_conduct_panel_outcome.pdf:The panel went on to consider whether Mr Thorn’s conduct was sexually motivated. On ./Mr_John_Thorn_Professional_conduct_panel_outcome.pdf-balance, the panel was not convinced that Mr Thorn’s conduct was motivated by either ./Mr_John_Thorn_Professional_conduct_panel_outcome.pdf:the pursuit of sexual gratification or the pursuit of a sexual relationship. It was clear from ./Mr_John_Thorn_Professional_conduct_panel_outcome.pdf-the evidence that Mr Thorn overstepped professional boundaries by frequently hugging ./Mr_John_Thorn_Professional_conduct_panel_outcome.pdf-students. He had also on occasion gone beyond this and kissed students on the head ./Mr_John_Thorn_Professional_conduct_panel_outcome.pdf:and cheek but the panel were not persuaded that this was in pursuit of a sexual ./Mr_John_Thorn_Professional_conduct_panel_outcome.pdf:relationship or for sexual gratification. ./Mr_John_Thorn_Professional_conduct_panel_outcome.pdf- ./Mr_John_Thorn_Professional_conduct_panel_outcome.pdf:The only evidence before the panel that seemed to suggest there being sexual ./Mr_John_Thorn_Professional_conduct_panel_outcome.pdf-motivation was that given by Pupil A in respect of her reference to Mr Thorn’s heavy ./Mr_John_Thorn_Professional_conduct_panel_outcome.pdf-breathing whilst hugging her and what she described as a weird look in his eyes, when ./Mr_John_Thorn_Professional_conduct_panel_outcome.pdf- ./Mr_John_Thorn_Professional_conduct_panel_outcome.pdf- 15 ./Mr_John_Thorn_Professional_conduct_panel_outcome.pdf- -- ./Mr_John_Thorn_Professional_conduct_panel_outcome.pdf-classroom Mr Thorn would hug me……He had also hugged my friends. At first I liked ./Mr_John_Thorn_Professional_conduct_panel_outcome.pdf-being hugged by Mr Thorn as it made me feel cared for and comforted”. ./Mr_John_Thorn_Professional_conduct_panel_outcome.pdf- ./Mr_John_Thorn_Professional_conduct_panel_outcome.pdf-Pupil B commented in her witness statement that: “Mr Thorn would touch students, in a ./Mr_John_Thorn_Professional_conduct_panel_outcome.pdf-way that seemed to be acceptable, for example if you needed a hug.” ./Mr_John_Thorn_Professional_conduct_panel_outcome.pdf- ./Mr_John_Thorn_Professional_conduct_panel_outcome.pdf-This accords with evidence in the bundle from one of his colleagues, Individual B, in ./Mr_John_Thorn_Professional_conduct_panel_outcome.pdf-respect to the information she gave during the school’s investigation into the complaint ./Mr_John_Thorn_Professional_conduct_panel_outcome.pdf-relating to Mr Thorn’s conduct towards Pupil A. When asked during her investigation ./Mr_John_Thorn_Professional_conduct_panel_outcome.pdf-meeting if she had seen Mr Thorn put a hand round students, she stated: “A few, more I ./Mr_John_Thorn_Professional_conduct_panel_outcome.pdf:don’t know, a few students but again it’s nothing sexual it was more a father putting hand ./Mr_John_Thorn_Professional_conduct_panel_outcome.pdf-around”[sic]. ./Mr_John_Thorn_Professional_conduct_panel_outcome.pdf- ./Mr_John_Thorn_Professional_conduct_panel_outcome.pdf-The panel noted that Individual B occupied the classroom adjacent to Mr Thorn and was ./Mr_John_Thorn_Professional_conduct_panel_outcome.pdf-a frequent visitor to his classroom. ./Mr_John_Thorn_Professional_conduct_panel_outcome.pdf- ./Mr_John_Thorn_Professional_conduct_panel_outcome.pdf-Further, in the statement provided by [redacted], she states: “Furthermore he strove to go ./Mr_John_Thorn_Professional_conduct_panel_outcome.pdf-the extra mile in terms of supporting these students when they required extra help ./Mr_John_Thorn_Professional_conduct_panel_outcome.pdf-meeting with these students in school in line with safeguarding procedures at lunchtime ./Mr_John_Thorn_Professional_conduct_panel_outcome.pdf-or after school”. In addition, [redacted] confirmed that she and Mr Thorn had on several ./Mr_John_Thorn_Professional_conduct_panel_outcome.pdf-occasions taken students on residential trips for Biology fieldwork, and she would ./Mr_John_Thorn_Professional_conduct_panel_outcome.pdf-therefore have witnessed his behaviour over an extended period of time, in a more ./Mr_John_Thorn_Professional_conduct_panel_outcome.pdf-informal setting, with a number of students. ./Mr_John_Thorn_Professional_conduct_panel_outcome.pdf- ./Mr_John_Thorn_Professional_conduct_panel_outcome.pdf-Whilst the panel found that the physical interaction that has been proven was ./Mr_John_Thorn_Professional_conduct_panel_outcome.pdf:inappropriate and risked straying in to conduct which could be deemed of a sexual ./Mr_John_Thorn_Professional_conduct_panel_outcome.pdf:nature, the panel was not persuaded that it was of a sexual nature or that it was sexually ./Mr_John_Thorn_Professional_conduct_panel_outcome.pdf-motivated. Instead, the panel considers that Mr Thorn’s actions were more likely than not ./Mr_John_Thorn_Professional_conduct_panel_outcome.pdf-to be in pursuit of offering comfort and support to students, irrespective of how misguided ./Mr_John_Thorn_Professional_conduct_panel_outcome.pdf-this might be. ./Mr_John_Thorn_Professional_conduct_panel_outcome.pdf- ./Mr_John_Thorn_Professional_conduct_panel_outcome.pdf- ./Mr_John_Thorn_Professional_conduct_panel_outcome.pdf- ./Mr_John_Thorn_Professional_conduct_panel_outcome.pdf- 16 ./Mr_John_Thorn_Professional_conduct_panel_outcome.pdf- -- ./Mr_John_Thorn_Professional_conduct_panel_outcome.pdf- • serious departure from the personal and professional conduct elements of the ./Mr_John_Thorn_Professional_conduct_panel_outcome.pdf- Teachers’ Standards; ./Mr_John_Thorn_Professional_conduct_panel_outcome.pdf- ./Mr_John_Thorn_Professional_conduct_panel_outcome.pdf- • misconduct seriously affecting the education and/or well-being of pupils, and ./Mr_John_Thorn_Professional_conduct_panel_outcome.pdf- particularly where there is a continuing risk; and ./Mr_John_Thorn_Professional_conduct_panel_outcome.pdf- ./Mr_John_Thorn_Professional_conduct_panel_outcome.pdf- • abuse of position or trust (particularly involving vulnerable pupils) or violation of the ./Mr_John_Thorn_Professional_conduct_panel_outcome.pdf- rights of pupils. ./Mr_John_Thorn_Professional_conduct_panel_outcome.pdf- ./Mr_John_Thorn_Professional_conduct_panel_outcome.pdf-The panel was of the opinion that Mr Thorn’s misconduct was serious, and whilst it had ./Mr_John_Thorn_Professional_conduct_panel_outcome.pdf:determined that his conduct was not of a sexual nature or sexually motivated, the panel ./Mr_John_Thorn_Professional_conduct_panel_outcome.pdf-was conscious that it was nonetheless conduct that was unacceptable in an educational ./Mr_John_Thorn_Professional_conduct_panel_outcome.pdf-environment or between teacher and student. This would be an abuse of a teacher’s ./Mr_John_Thorn_Professional_conduct_panel_outcome.pdf- ./Mr_John_Thorn_Professional_conduct_panel_outcome.pdf- 20 ./Mr_John_Thorn_Professional_conduct_panel_outcome.pdf- -- ./Mr_John_Thorn_Professional_conduct_panel_outcome.pdf- ./Mr_John_Thorn_Professional_conduct_panel_outcome.pdf-I have also considered the impact of a prohibition order on Mr Thorn himself, the panel ./Mr_John_Thorn_Professional_conduct_panel_outcome.pdf-comment “no doubt had been cast upon his abilities as an educator and from the ./Mr_John_Thorn_Professional_conduct_panel_outcome.pdf-evidence there appeared to be grounds on which to consider Mr Thorn was able to make ./Mr_John_Thorn_Professional_conduct_panel_outcome.pdf-a valuable contribution to the profession”. A prohibition order would prevent Mr Thorn ./Mr_John_Thorn_Professional_conduct_panel_outcome.pdf-from teaching. A prohibition order would also clearly deprive the public of his contribution ./Mr_John_Thorn_Professional_conduct_panel_outcome.pdf-to the profession for the period that it is in force. ./Mr_John_Thorn_Professional_conduct_panel_outcome.pdf- ./Mr_John_Thorn_Professional_conduct_panel_outcome.pdf-In this case, I have placed considerable weight on the following comments “The panel ./Mr_John_Thorn_Professional_conduct_panel_outcome.pdf-was of the opinion that Mr Thorn’s misconduct was serious, and whilst it had determined ./Mr_John_Thorn_Professional_conduct_panel_outcome.pdf:that his conduct was not of a sexual nature or sexually motivated, the panel was ./Mr_John_Thorn_Professional_conduct_panel_outcome.pdf-conscious that it was nonetheless conduct that was unacceptable in an educational ./Mr_John_Thorn_Professional_conduct_panel_outcome.pdf-environment or between teacher and student. This would be an abuse of a teacher’s ./Mr_John_Thorn_Professional_conduct_panel_outcome.pdf-position of trust. The panel’s concerns were heightened by the admissions made by Mr ./Mr_John_Thorn_Professional_conduct_panel_outcome.pdf-Thorn that he was a tactile person who was in the habit of hugging students, and the ./Mr_John_Thorn_Professional_conduct_panel_outcome.pdf-proven facts that he had not addressed or moderated his behaviour since he was issued ./Mr_John_Thorn_Professional_conduct_panel_outcome.pdf-with a final written warning in 2016”. ./Mr_John_Thorn_Professional_conduct_panel_outcome.pdf- ./Mr_John_Thorn_Professional_conduct_panel_outcome.pdf- ./Mr_John_Thorn_Professional_conduct_panel_outcome.pdf- ./Mr_John_Thorn_Professional_conduct_panel_outcome.pdf- 24 ./Mr_Jonathan_Philip_Ullmer_-_Professional_Conduct_Panel_Outcome.pdf-Teacher: Mr Jonathan Philip Ullmer ./Mr_Jonathan_Philip_Ullmer_-_Professional_Conduct_Panel_Outcome.pdf- ./Mr_Jonathan_Philip_Ullmer_-_Professional_Conduct_Panel_Outcome.pdf-Teacher ref number: 8375828 ./Mr_Jonathan_Philip_Ullmer_-_Professional_Conduct_Panel_Outcome.pdf- ./Mr_Jonathan_Philip_Ullmer_-_Professional_Conduct_Panel_Outcome.pdf-Teacher date of birth: 1 October 1960 ./Mr_Jonathan_Philip_Ullmer_-_Professional_Conduct_Panel_Outcome.pdf- ./Mr_Jonathan_Philip_Ullmer_-_Professional_Conduct_Panel_Outcome.pdf-TRA reference: 0017848 ./Mr_Jonathan_Philip_Ullmer_-_Professional_Conduct_Panel_Outcome.pdf- ./Mr_Jonathan_Philip_Ullmer_-_Professional_Conduct_Panel_Outcome.pdf-Date of determination: 22 November 2019 ./Mr_Jonathan_Philip_Ullmer_-_Professional_Conduct_Panel_Outcome.pdf- ./Mr_Jonathan_Philip_Ullmer_-_Professional_Conduct_Panel_Outcome.pdf:Former employer: Cecil Jones High School, Southend-on-Sea, Essex (the ./Mr_Jonathan_Philip_Ullmer_-_Professional_Conduct_Panel_Outcome.pdf- “School”) ./Mr_Jonathan_Philip_Ullmer_-_Professional_Conduct_Panel_Outcome.pdf- ./Mr_Jonathan_Philip_Ullmer_-_Professional_Conduct_Panel_Outcome.pdf- ./Mr_Jonathan_Philip_Ullmer_-_Professional_Conduct_Panel_Outcome.pdf-A. Introduction ./Mr_Jonathan_Philip_Ullmer_-_Professional_Conduct_Panel_Outcome.pdf-A professional conduct panel (“the panel”) of the Teaching Regulation Agency (“the ./Mr_Jonathan_Philip_Ullmer_-_Professional_Conduct_Panel_Outcome.pdf-TRA”) convened from 18 to 22 November 2019 at Cheylesmore House, 5 Quinton Road, ./Mr_Jonathan_Philip_Ullmer_-_Professional_Conduct_Panel_Outcome.pdf-Coventry, CV1 2WT, to consider the case of Mr Jonathan Philip Ullmer. ./Mr_Jonathan_Philip_Ullmer_-_Professional_Conduct_Panel_Outcome.pdf- ./Mr_Jonathan_Philip_Ullmer_-_Professional_Conduct_Panel_Outcome.pdf-The panel members were Ms Jean Carter (lay panellist – in the chair), Mrs Kathy ./Mr_Jonathan_Philip_Ullmer_-_Professional_Conduct_Panel_Outcome.pdf-Thomson (teacher panellist) and Mr Paul Hawkins (teacher panellist). -- ./Mr_Jonathan_Philip_Ullmer_-_Professional_Conduct_Panel_Outcome.pdf- b. giving lifts to Pupil A and/or permitting Pupil A to drive your car; ./Mr_Jonathan_Philip_Ullmer_-_Professional_Conduct_Panel_Outcome.pdf- ./Mr_Jonathan_Philip_Ullmer_-_Professional_Conduct_Panel_Outcome.pdf- c. making inappropriate comments to Pupil A, such as by; ./Mr_Jonathan_Philip_Ullmer_-_Professional_Conduct_Panel_Outcome.pdf- ./Mr_Jonathan_Philip_Ullmer_-_Professional_Conduct_Panel_Outcome.pdf- i. telling Pupil A that once he turned 16 you would become better friends ./Mr_Jonathan_Philip_Ullmer_-_Professional_Conduct_Panel_Outcome.pdf- and/or would spend more time outside of school; ./Mr_Jonathan_Philip_Ullmer_-_Professional_Conduct_Panel_Outcome.pdf- ./Mr_Jonathan_Philip_Ullmer_-_Professional_Conduct_Panel_Outcome.pdf- ii. telling Pupil A to keep visits to your home accommodation quiet and/or ./Mr_Jonathan_Philip_Ullmer_-_Professional_Conduct_Panel_Outcome.pdf- not to tell other teachers; ./Mr_Jonathan_Philip_Ullmer_-_Professional_Conduct_Panel_Outcome.pdf- ./Mr_Jonathan_Philip_Ullmer_-_Professional_Conduct_Panel_Outcome.pdf: iii. suggesting that by sharing information of a sexual nature that you didn't ./Mr_Jonathan_Philip_Ullmer_-_Professional_Conduct_Panel_Outcome.pdf- share with others, it would build a deeper friendship; ./Mr_Jonathan_Philip_Ullmer_-_Professional_Conduct_Panel_Outcome.pdf- ./Mr_Jonathan_Philip_Ullmer_-_Professional_Conduct_Panel_Outcome.pdf- iv. accusing Pupil A of being a bad friend as he was not prioritising you; ./Mr_Jonathan_Philip_Ullmer_-_Professional_Conduct_Panel_Outcome.pdf- ./Mr_Jonathan_Philip_Ullmer_-_Professional_Conduct_Panel_Outcome.pdf: v. questioning Pupil A about his personal relationships and/or sexual ./Mr_Jonathan_Philip_Ullmer_-_Professional_Conduct_Panel_Outcome.pdf- experiences; ./Mr_Jonathan_Philip_Ullmer_-_Professional_Conduct_Panel_Outcome.pdf- ./Mr_Jonathan_Philip_Ullmer_-_Professional_Conduct_Panel_Outcome.pdf: vi. telling Pupil A about your own personal relationships and/or sexual ./Mr_Jonathan_Philip_Ullmer_-_Professional_Conduct_Panel_Outcome.pdf- experiences; ./Mr_Jonathan_Philip_Ullmer_-_Professional_Conduct_Panel_Outcome.pdf- ./Mr_Jonathan_Philip_Ullmer_-_Professional_Conduct_Panel_Outcome.pdf- d. spending time with Pupil A outside of the School's premises, including by; ./Mr_Jonathan_Philip_Ullmer_-_Professional_Conduct_Panel_Outcome.pdf- ./Mr_Jonathan_Philip_Ullmer_-_Professional_Conduct_Panel_Outcome.pdf- i. allowing Pupil A to go to your home accommodation and/or to stay ./Mr_Jonathan_Philip_Ullmer_-_Professional_Conduct_Panel_Outcome.pdf- overnight; ./Mr_Jonathan_Philip_Ullmer_-_Professional_Conduct_Panel_Outcome.pdf- ./Mr_Jonathan_Philip_Ullmer_-_Professional_Conduct_Panel_Outcome.pdf- ii. taking and/or going with Pupil A to restaurants/pubs and/or the cinema; ./Mr_Jonathan_Philip_Ullmer_-_Professional_Conduct_Panel_Outcome.pdf- ./Mr_Jonathan_Philip_Ullmer_-_Professional_Conduct_Panel_Outcome.pdf- -- ./Mr_Jonathan_Philip_Ullmer_-_Professional_Conduct_Panel_Outcome.pdf- ./Mr_Jonathan_Philip_Ullmer_-_Professional_Conduct_Panel_Outcome.pdf- i. play fighting with Pupil A; ./Mr_Jonathan_Philip_Ullmer_-_Professional_Conduct_Panel_Outcome.pdf- ./Mr_Jonathan_Philip_Ullmer_-_Professional_Conduct_Panel_Outcome.pdf- j. hitting Pupil A's bottom with a shoe horn; ./Mr_Jonathan_Philip_Ullmer_-_Professional_Conduct_Panel_Outcome.pdf- ./Mr_Jonathan_Philip_Ullmer_-_Professional_Conduct_Panel_Outcome.pdf- k. allowing Pupil A to hit your bottom with a shoe horn and/or exposing your ./Mr_Jonathan_Philip_Ullmer_-_Professional_Conduct_Panel_Outcome.pdf- genitals when Pupil A hit your bottom with a shoe horn; ./Mr_Jonathan_Philip_Ullmer_-_Professional_Conduct_Panel_Outcome.pdf- ./Mr_Jonathan_Philip_Ullmer_-_Professional_Conduct_Panel_Outcome.pdf- l. discussing masturbation with Pupil A; ./Mr_Jonathan_Philip_Ullmer_-_Professional_Conduct_Panel_Outcome.pdf- ./Mr_Jonathan_Philip_Ullmer_-_Professional_Conduct_Panel_Outcome.pdf: m. engaging in sexual activity in the presence of Pupil A; ./Mr_Jonathan_Philip_Ullmer_-_Professional_Conduct_Panel_Outcome.pdf- ./Mr_Jonathan_Philip_Ullmer_-_Professional_Conduct_Panel_Outcome.pdf: n. engaging in sexual activity with Pupil A; ./Mr_Jonathan_Philip_Ullmer_-_Professional_Conduct_Panel_Outcome.pdf- ./Mr_Jonathan_Philip_Ullmer_-_Professional_Conduct_Panel_Outcome.pdf: 2. Your conduct as may be found proven at 1 above was sexually motivated. ./Mr_Jonathan_Philip_Ullmer_-_Professional_Conduct_Panel_Outcome.pdf- ./Mr_Jonathan_Philip_Ullmer_-_Professional_Conduct_Panel_Outcome.pdf-Mr Ullmer did not admit the facts or give an admission of unacceptable professional ./Mr_Jonathan_Philip_Ullmer_-_Professional_Conduct_Panel_Outcome.pdf-conduct and/or conduct that may bring the profession into disrepute, in respect of all of ./Mr_Jonathan_Philip_Ullmer_-_Professional_Conduct_Panel_Outcome.pdf-the allegations. ./Mr_Jonathan_Philip_Ullmer_-_Professional_Conduct_Panel_Outcome.pdf- ./Mr_Jonathan_Philip_Ullmer_-_Professional_Conduct_Panel_Outcome.pdf- ./Mr_Jonathan_Philip_Ullmer_-_Professional_Conduct_Panel_Outcome.pdf-C. Preliminary applications ./Mr_Jonathan_Philip_Ullmer_-_Professional_Conduct_Panel_Outcome.pdf-The presenting officer applied to admit two documents. Those documents were not ./Mr_Jonathan_Philip_Ullmer_-_Professional_Conduct_Panel_Outcome.pdf-served in accordance with the requirements of paragraph 4.20 of the Teacher ./Mr_Jonathan_Philip_Ullmer_-_Professional_Conduct_Panel_Outcome.pdf-Misconduct: Disciplinary Procedures for the Teaching Profession (“the Procedures”). As -- ./Mr_Jonathan_Philip_Ullmer_-_Professional_Conduct_Panel_Outcome.pdf-The panel announced its decision and reasons as follows: ./Mr_Jonathan_Philip_Ullmer_-_Professional_Conduct_Panel_Outcome.pdf- ./Mr_Jonathan_Philip_Ullmer_-_Professional_Conduct_Panel_Outcome.pdf-The panel carefully considered the case before it and reached a decision. ./Mr_Jonathan_Philip_Ullmer_-_Professional_Conduct_Panel_Outcome.pdf- ./Mr_Jonathan_Philip_Ullmer_-_Professional_Conduct_Panel_Outcome.pdf-Mr Ullmer was employed at the School between September 1989 to 2002. In August ./Mr_Jonathan_Philip_Ullmer_-_Professional_Conduct_Panel_Outcome.pdf-2017 Mr Ullmer was employed as the headteacher at the Haileybury Astana School in ./Mr_Jonathan_Philip_Ullmer_-_Professional_Conduct_Panel_Outcome.pdf-Kazakhstan. On 31 October 2018, the Chairman of Governors at the Haileybury Astana ./Mr_Jonathan_Philip_Ullmer_-_Professional_Conduct_Panel_Outcome.pdf-School received an email from Pupil A (a former pupil of the School) who alleged that he ./Mr_Jonathan_Philip_Ullmer_-_Professional_Conduct_Panel_Outcome.pdf-had a relationship with Mr Ullmer that started when he was 13 years old. Pupil A ./Mr_Jonathan_Philip_Ullmer_-_Professional_Conduct_Panel_Outcome.pdf-described that this relationship lasted for three years and at the age of 16 he was ./Mr_Jonathan_Philip_Ullmer_-_Professional_Conduct_Panel_Outcome.pdf:sexually abused by Mr Ullmer. Following on from a meeting between Pupil A and a ./Mr_Jonathan_Philip_Ullmer_-_Professional_Conduct_Panel_Outcome.pdf-Governor and Deputy Clerk at the Haileybury Astana School on 3 December 2018, ./Mr_Jonathan_Philip_Ullmer_-_Professional_Conduct_Panel_Outcome.pdf-Mr Ullmer entered into a settlement agreement with Haileybury Astana School and left. ./Mr_Jonathan_Philip_Ullmer_-_Professional_Conduct_Panel_Outcome.pdf- ./Mr_Jonathan_Philip_Ullmer_-_Professional_Conduct_Panel_Outcome.pdf-Findings of fact ./Mr_Jonathan_Philip_Ullmer_-_Professional_Conduct_Panel_Outcome.pdf-At the outset of these proceedings, the panel noted that Pupil A’s and Mr Ullmer’s ./Mr_Jonathan_Philip_Ullmer_-_Professional_Conduct_Panel_Outcome.pdf-evidence, both orally and in written format, often gave contradictory accounts of some of ./Mr_Jonathan_Philip_Ullmer_-_Professional_Conduct_Panel_Outcome.pdf-the events. The panel took into account the fact that both parties had training in Drama in ./Mr_Jonathan_Philip_Ullmer_-_Professional_Conduct_Panel_Outcome.pdf-their professional lives and was mindful to remain vigilant about the accounts given and ./Mr_Jonathan_Philip_Ullmer_-_Professional_Conduct_Panel_Outcome.pdf-their presentation throughout. ./Mr_Jonathan_Philip_Ullmer_-_Professional_Conduct_Panel_Outcome.pdf- -- ./Mr_Jonathan_Philip_Ullmer_-_Professional_Conduct_Panel_Outcome.pdf-The panel found allegation 1b proven. ./Mr_Jonathan_Philip_Ullmer_-_Professional_Conduct_Panel_Outcome.pdf- ./Mr_Jonathan_Philip_Ullmer_-_Professional_Conduct_Panel_Outcome.pdf- 1c. making inappropriate comments to Pupil A, such as by; ./Mr_Jonathan_Philip_Ullmer_-_Professional_Conduct_Panel_Outcome.pdf- ./Mr_Jonathan_Philip_Ullmer_-_Professional_Conduct_Panel_Outcome.pdf- i. telling Pupil A that once he turned 16 you would become better friends ./Mr_Jonathan_Philip_Ullmer_-_Professional_Conduct_Panel_Outcome.pdf- and/or would spend more time outside of school; ./Mr_Jonathan_Philip_Ullmer_-_Professional_Conduct_Panel_Outcome.pdf- ./Mr_Jonathan_Philip_Ullmer_-_Professional_Conduct_Panel_Outcome.pdf- ii. telling Pupil A to keep visits to your home accommodation quiet ./Mr_Jonathan_Philip_Ullmer_-_Professional_Conduct_Panel_Outcome.pdf- and/or not to tell other teachers; ./Mr_Jonathan_Philip_Ullmer_-_Professional_Conduct_Panel_Outcome.pdf- ./Mr_Jonathan_Philip_Ullmer_-_Professional_Conduct_Panel_Outcome.pdf: iii. suggesting that by sharing information of a sexual nature that you ./Mr_Jonathan_Philip_Ullmer_-_Professional_Conduct_Panel_Outcome.pdf- didn't share with others, it would build a deeper friendship; ./Mr_Jonathan_Philip_Ullmer_-_Professional_Conduct_Panel_Outcome.pdf- ./Mr_Jonathan_Philip_Ullmer_-_Professional_Conduct_Panel_Outcome.pdf- iv. accusing Pupil A of being a bad friend as he was not prioritising you; ./Mr_Jonathan_Philip_Ullmer_-_Professional_Conduct_Panel_Outcome.pdf- ./Mr_Jonathan_Philip_Ullmer_-_Professional_Conduct_Panel_Outcome.pdf: v. questioning Pupil A about his personal relationships and/or sexual ./Mr_Jonathan_Philip_Ullmer_-_Professional_Conduct_Panel_Outcome.pdf- experiences; ./Mr_Jonathan_Philip_Ullmer_-_Professional_Conduct_Panel_Outcome.pdf- ./Mr_Jonathan_Philip_Ullmer_-_Professional_Conduct_Panel_Outcome.pdf: vi. telling Pupil A about your own personal relationships and/or sexual ./Mr_Jonathan_Philip_Ullmer_-_Professional_Conduct_Panel_Outcome.pdf- experiences; ./Mr_Jonathan_Philip_Ullmer_-_Professional_Conduct_Panel_Outcome.pdf- ./Mr_Jonathan_Philip_Ullmer_-_Professional_Conduct_Panel_Outcome.pdf-The panel noted that the teacher denied all the allegations in his written evidence. He ./Mr_Jonathan_Philip_Ullmer_-_Professional_Conduct_Panel_Outcome.pdf-proffered that the only advice he gave to Pupil A was ‘the same as was said in PSHE ./Mr_Jonathan_Philip_Ullmer_-_Professional_Conduct_Panel_Outcome.pdf-classes’. ./Mr_Jonathan_Philip_Ullmer_-_Professional_Conduct_Panel_Outcome.pdf- ./Mr_Jonathan_Philip_Ullmer_-_Professional_Conduct_Panel_Outcome.pdf-The panel firstly reviewed a transcript of a covertly recorded conversation between Pupil ./Mr_Jonathan_Philip_Ullmer_-_Professional_Conduct_Panel_Outcome.pdf-A and the teacher that occurred July 2018, in which Mr Ullmer said, ‘a friendship that we ./Mr_Jonathan_Philip_Ullmer_-_Professional_Conduct_Panel_Outcome.pdf-had which was close and you know, perhaps on the other hand it was too close’. Later in ./Mr_Jonathan_Philip_Ullmer_-_Professional_Conduct_Panel_Outcome.pdf-the recorded conversation he went on to say, ‘the only thing I can think of you know will ./Mr_Jonathan_Philip_Ullmer_-_Professional_Conduct_Panel_Outcome.pdf-talk about the time I was married… and I was pretty nervous about erm you know, erm, ./Mr_Jonathan_Philip_Ullmer_-_Professional_Conduct_Panel_Outcome.pdf:sex’, which indicated to the panel that conversations of a personal nature took place. ./Mr_Jonathan_Philip_Ullmer_-_Professional_Conduct_Panel_Outcome.pdf- ./Mr_Jonathan_Philip_Ullmer_-_Professional_Conduct_Panel_Outcome.pdf-Further in oral evidence, Mr Ullmer admitted that when he and Pupil A were in the car on ./Mr_Jonathan_Philip_Ullmer_-_Professional_Conduct_Panel_Outcome.pdf-an occasion, he recalled handing him an article about young people refraining from ./Mr_Jonathan_Philip_Ullmer_-_Professional_Conduct_Panel_Outcome.pdf:engaging in sexual activity. He described, in some detail, that he told Pupil A about an ./Mr_Jonathan_Philip_Ullmer_-_Professional_Conduct_Panel_Outcome.pdf-article which indicated that there was a direct correlation between those students who ./Mr_Jonathan_Philip_Ullmer_-_Professional_Conduct_Panel_Outcome.pdf:abstained from sex and their intelligence. ./Mr_Jonathan_Philip_Ullmer_-_Professional_Conduct_Panel_Outcome.pdf- ./Mr_Jonathan_Philip_Ullmer_-_Professional_Conduct_Panel_Outcome.pdf- 10 ./Mr_Jonathan_Philip_Ullmer_-_Professional_Conduct_Panel_Outcome.pdf- -- ./Mr_Jonathan_Philip_Ullmer_-_Professional_Conduct_Panel_Outcome.pdf-stated ‘we never discussed this’. ./Mr_Jonathan_Philip_Ullmer_-_Professional_Conduct_Panel_Outcome.pdf- ./Mr_Jonathan_Philip_Ullmer_-_Professional_Conduct_Panel_Outcome.pdf-The panel reviewed the written evidence of Pupil A which stated Mr Ullmer had two ./Mr_Jonathan_Philip_Ullmer_-_Professional_Conduct_Panel_Outcome.pdf-previous girlfriends that each had ‘jerked him off’ on a number of occasions. The panel ./Mr_Jonathan_Philip_Ullmer_-_Professional_Conduct_Panel_Outcome.pdf-noted that it was unusual that Pupil A was able to recall the specific names of the ./Mr_Jonathan_Philip_Ullmer_-_Professional_Conduct_Panel_Outcome.pdf-girlfriends and the nature of the actions involved, and therefore preferred his account of ./Mr_Jonathan_Philip_Ullmer_-_Professional_Conduct_Panel_Outcome.pdf-events. ./Mr_Jonathan_Philip_Ullmer_-_Professional_Conduct_Panel_Outcome.pdf- ./Mr_Jonathan_Philip_Ullmer_-_Professional_Conduct_Panel_Outcome.pdf-The panel found allegation 1l proven. ./Mr_Jonathan_Philip_Ullmer_-_Professional_Conduct_Panel_Outcome.pdf- ./Mr_Jonathan_Philip_Ullmer_-_Professional_Conduct_Panel_Outcome.pdf: 1m. engaging in sexual activity in the presence of Pupil A; ./Mr_Jonathan_Philip_Ullmer_-_Professional_Conduct_Panel_Outcome.pdf- ./Mr_Jonathan_Philip_Ullmer_-_Professional_Conduct_Panel_Outcome.pdf-The panel noted that the teacher denied this allegation and stated in written evidence ./Mr_Jonathan_Philip_Ullmer_-_Professional_Conduct_Panel_Outcome.pdf:that ‘I am happily married and have always been heterosexual’. Further, in oral evidence, ./Mr_Jonathan_Philip_Ullmer_-_Professional_Conduct_Panel_Outcome.pdf-Mr Ullmer was consistent in his denial. ./Mr_Jonathan_Philip_Ullmer_-_Professional_Conduct_Panel_Outcome.pdf- ./Mr_Jonathan_Philip_Ullmer_-_Professional_Conduct_Panel_Outcome.pdf-The panel reviewed written evidence of Pupil A which stated ‘On one occasion when I ./Mr_Jonathan_Philip_Ullmer_-_Professional_Conduct_Panel_Outcome.pdf-went to Mr Ullmer’s flat towards the end of my time at school, he began to masturbate on ./Mr_Jonathan_Philip_Ullmer_-_Professional_Conduct_Panel_Outcome.pdf-the sofa’. The panel heard in oral evidence when this evidence was put to Pupil A that he ./Mr_Jonathan_Philip_Ullmer_-_Professional_Conduct_Panel_Outcome.pdf-felt as though this behaviour was, ‘part of the deal’. The panel also considered the oral ./Mr_Jonathan_Philip_Ullmer_-_Professional_Conduct_Panel_Outcome.pdf-evidence of Pupil A in which he recalled occasions where Mr Ullmer came out of the ./Mr_Jonathan_Philip_Ullmer_-_Professional_Conduct_Panel_Outcome.pdf-room and, ‘showed me his erection.’ ./Mr_Jonathan_Philip_Ullmer_-_Professional_Conduct_Panel_Outcome.pdf- ./Mr_Jonathan_Philip_Ullmer_-_Professional_Conduct_Panel_Outcome.pdf-The panel was mindful of the serious nature of the allegation, and therefore considered -- ./Mr_Jonathan_Philip_Ullmer_-_Professional_Conduct_Panel_Outcome.pdf-representative that Pupil A, in his professional life, had described himself as an [redated] ./Mr_Jonathan_Philip_Ullmer_-_Professional_Conduct_Panel_Outcome.pdf-and assessed written evidence that there were instances in Pupil A’s career where he ./Mr_Jonathan_Philip_Ullmer_-_Professional_Conduct_Panel_Outcome.pdf-had [redacted]. However, Pupil A in oral evidence was challenged as to this allegation, ./Mr_Jonathan_Philip_Ullmer_-_Professional_Conduct_Panel_Outcome.pdf-and he responded to say, ‘because it is real life – this is real’. On the balance of ./Mr_Jonathan_Philip_Ullmer_-_Professional_Conduct_Panel_Outcome.pdf-probabilities, the panel felt Pupil A’s account of events to be genuine, notwithstanding his ./Mr_Jonathan_Philip_Ullmer_-_Professional_Conduct_Panel_Outcome.pdf-profession. The panel noted that he came across with raw emotion, and appeared very ./Mr_Jonathan_Philip_Ullmer_-_Professional_Conduct_Panel_Outcome.pdf-distressed, at times, and emotional when recounting the events. ./Mr_Jonathan_Philip_Ullmer_-_Professional_Conduct_Panel_Outcome.pdf- ./Mr_Jonathan_Philip_Ullmer_-_Professional_Conduct_Panel_Outcome.pdf-The panel found allegation 1m proven. ./Mr_Jonathan_Philip_Ullmer_-_Professional_Conduct_Panel_Outcome.pdf- ./Mr_Jonathan_Philip_Ullmer_-_Professional_Conduct_Panel_Outcome.pdf: 1n. engaging in sexual activity with Pupil A; ./Mr_Jonathan_Philip_Ullmer_-_Professional_Conduct_Panel_Outcome.pdf- ./Mr_Jonathan_Philip_Ullmer_-_Professional_Conduct_Panel_Outcome.pdf-The panel noted that the teacher denied this allegation and stated in his written evidence ./Mr_Jonathan_Philip_Ullmer_-_Professional_Conduct_Panel_Outcome.pdf:that ‘nothing sexual ever happened between myself and Pupil A during our friendship’. ./Mr_Jonathan_Philip_Ullmer_-_Professional_Conduct_Panel_Outcome.pdf- ./Mr_Jonathan_Philip_Ullmer_-_Professional_Conduct_Panel_Outcome.pdf-The panel carefully considered the transcript of the covert recorded conversation. The ./Mr_Jonathan_Philip_Ullmer_-_Professional_Conduct_Panel_Outcome.pdf-panel heard the conversation between Pupil A and Mr Ullmer where Pupil A asked, ‘does ./Mr_Jonathan_Philip_Ullmer_-_Professional_Conduct_Panel_Outcome.pdf:[your wife] know about the sexual side of the friendship?’ and Mr Ullmer replied, ‘no’. ./Mr_Jonathan_Philip_Ullmer_-_Professional_Conduct_Panel_Outcome.pdf-Pupil A probed further and Mr Ullmer said, ‘not really discussed that with her’. ./Mr_Jonathan_Philip_Ullmer_-_Professional_Conduct_Panel_Outcome.pdf- ./Mr_Jonathan_Philip_Ullmer_-_Professional_Conduct_Panel_Outcome.pdf-The panel was mindful that in oral evidence, Mr Ullmer described that he was in a state ./Mr_Jonathan_Philip_Ullmer_-_Professional_Conduct_Panel_Outcome.pdf-of shock during the conversation and therefore there were inconsistencies in responses. ./Mr_Jonathan_Philip_Ullmer_-_Professional_Conduct_Panel_Outcome.pdf-He suggested that there could have been confusion as to what he was being asked and ./Mr_Jonathan_Philip_Ullmer_-_Professional_Conduct_Panel_Outcome.pdf-explained the context of the conversation, being in a crowded café. Moreover, he ./Mr_Jonathan_Philip_Ullmer_-_Professional_Conduct_Panel_Outcome.pdf-described that Pupil A was angry and he felt intimidated. The panel placed significant ./Mr_Jonathan_Philip_Ullmer_-_Professional_Conduct_Panel_Outcome.pdf-weight on this evidence in favour of the teacher. ./Mr_Jonathan_Philip_Ullmer_-_Professional_Conduct_Panel_Outcome.pdf- ./Mr_Jonathan_Philip_Ullmer_-_Professional_Conduct_Panel_Outcome.pdf-However, the panel noted that Mr Ullmer was asked several times about various -- ./Mr_Jonathan_Philip_Ullmer_-_Professional_Conduct_Panel_Outcome.pdf:fleeting, but I never touched him or responded at all and there was no erection or sexual ./Mr_Jonathan_Philip_Ullmer_-_Professional_Conduct_Panel_Outcome.pdf-intent… I can only think this is the incident that has been playing on Pupil A’s mind’. ./Mr_Jonathan_Philip_Ullmer_-_Professional_Conduct_Panel_Outcome.pdf-Mr Ullmer expanded in oral evidence this may have been the incident that he thought ./Mr_Jonathan_Philip_Ullmer_-_Professional_Conduct_Panel_Outcome.pdf-Pupil A was referring to when he was questioning him during the covert recorded ./Mr_Jonathan_Philip_Ullmer_-_Professional_Conduct_Panel_Outcome.pdf-conversation. The panel found that when asked to describe the logistics of his account, ./Mr_Jonathan_Philip_Ullmer_-_Professional_Conduct_Panel_Outcome.pdf-found it to be inconsistent and to change throughout. The panel noted that at some ./Mr_Jonathan_Philip_Ullmer_-_Professional_Conduct_Panel_Outcome.pdf-points, it felt like a word salad. Further, when Pupil A was taken to Mr Ullmer’s account of ./Mr_Jonathan_Philip_Ullmer_-_Professional_Conduct_Panel_Outcome.pdf-the penis flicking event, he was aghast and said, ‘what?’, ‘Nonsense! I didn’t do that’. ./Mr_Jonathan_Philip_Ullmer_-_Professional_Conduct_Panel_Outcome.pdf- ./Mr_Jonathan_Philip_Ullmer_-_Professional_Conduct_Panel_Outcome.pdf-The panel also examined written evidence from Pupil A that Mr Ullmer often played ./Mr_Jonathan_Philip_Ullmer_-_Professional_Conduct_Panel_Outcome.pdf:‘games’ with Pupil A and that the games were always ‘sexual’. In oral evidence, Pupil A ./Mr_Jonathan_Philip_Ullmer_-_Professional_Conduct_Panel_Outcome.pdf-was able to clearly describe the games and explained, ‘I think he wanted us to ./Mr_Jonathan_Philip_Ullmer_-_Professional_Conduct_Panel_Outcome.pdf-masturbate together’. When asked what gave Pupil A that impression, he said, ‘it’s what ./Mr_Jonathan_Philip_Ullmer_-_Professional_Conduct_Panel_Outcome.pdf-we did’. ./Mr_Jonathan_Philip_Ullmer_-_Professional_Conduct_Panel_Outcome.pdf- ./Mr_Jonathan_Philip_Ullmer_-_Professional_Conduct_Panel_Outcome.pdf-Lastly, the panel reviewed written evidence of Pupil A in which he described that ./Mr_Jonathan_Philip_Ullmer_-_Professional_Conduct_Panel_Outcome.pdf-Mr Ullmer would ‘frequently want massages’ and also stated ‘Eventually he would take all ./Mr_Jonathan_Philip_Ullmer_-_Professional_Conduct_Panel_Outcome.pdf-his clothes off and lie on the floor. He also brought out oil for me to massage him with’. ./Mr_Jonathan_Philip_Ullmer_-_Professional_Conduct_Panel_Outcome.pdf-This account of events was consistent in oral evidence where Pupil A described clearly ./Mr_Jonathan_Philip_Ullmer_-_Professional_Conduct_Panel_Outcome.pdf-the areas where he massaged Mr Ullmer and how he was massaged in return. The panel ./Mr_Jonathan_Philip_Ullmer_-_Professional_Conduct_Panel_Outcome.pdf-reviewed the written evidence of Mr Ullmer in which he stated that Pupil A had given him ./Mr_Jonathan_Philip_Ullmer_-_Professional_Conduct_Panel_Outcome.pdf-back and leg massages and he reciprocated when asked, but described this happening ./Mr_Jonathan_Philip_Ullmer_-_Professional_Conduct_Panel_Outcome.pdf-after Pupil A left School and, ‘there was nothing inappropriate’. The panel preferred the ./Mr_Jonathan_Philip_Ullmer_-_Professional_Conduct_Panel_Outcome.pdf-evidence of Pupil A as he described in a very precise and consistent manner the areas of ./Mr_Jonathan_Philip_Ullmer_-_Professional_Conduct_Panel_Outcome.pdf-the body that were massaged and he appeared both embarrassed and disgusted. ./Mr_Jonathan_Philip_Ullmer_-_Professional_Conduct_Panel_Outcome.pdf- ./Mr_Jonathan_Philip_Ullmer_-_Professional_Conduct_Panel_Outcome.pdf-The panel found allegation 1n proven. ./Mr_Jonathan_Philip_Ullmer_-_Professional_Conduct_Panel_Outcome.pdf- ./Mr_Jonathan_Philip_Ullmer_-_Professional_Conduct_Panel_Outcome.pdf: 2. Your conduct as may be found proven at 1 above was sexually motivated. ./Mr_Jonathan_Philip_Ullmer_-_Professional_Conduct_Panel_Outcome.pdf- ./Mr_Jonathan_Philip_Ullmer_-_Professional_Conduct_Panel_Outcome.pdf-The panel had regard to the legal advice received and formed their own view. It noted at ./Mr_Jonathan_Philip_Ullmer_-_Professional_Conduct_Panel_Outcome.pdf-the outset, that it would be reasonable to assume that some of Mr Ullmer’s actions that ./Mr_Jonathan_Philip_Ullmer_-_Professional_Conduct_Panel_Outcome.pdf-the panel found proved, such as having a pupil over to a teachers house, allowing a pupil ./Mr_Jonathan_Philip_Ullmer_-_Professional_Conduct_Panel_Outcome.pdf:to stay in a bed with a teacher, playing games of a sexual nature with a pupil, discussing ./Mr_Jonathan_Philip_Ullmer_-_Professional_Conduct_Panel_Outcome.pdf:personal relationships and engaging in sexual activity with a pupil would be indicative of ./Mr_Jonathan_Philip_Ullmer_-_Professional_Conduct_Panel_Outcome.pdf:behaviours that were sexually motivated. The panel was of the view that a reasonable ./Mr_Jonathan_Philip_Ullmer_-_Professional_Conduct_Panel_Outcome.pdf:person would find that the actions of Mr Ullmer could be sexual in all the circumstances. ./Mr_Jonathan_Philip_Ullmer_-_Professional_Conduct_Panel_Outcome.pdf- ./Mr_Jonathan_Philip_Ullmer_-_Professional_Conduct_Panel_Outcome.pdf-Mr Ullmer denied the allegation expressly in oral evidence. The panel considered the ./Mr_Jonathan_Philip_Ullmer_-_Professional_Conduct_Panel_Outcome.pdf-both the written and oral evidence of Mr Ullmer in which he offered rationale to some of ./Mr_Jonathan_Philip_Ullmer_-_Professional_Conduct_Panel_Outcome.pdf-the allegations. Mr Ullmer described there was only once instance which he could recall ./Mr_Jonathan_Philip_Ullmer_-_Professional_Conduct_Panel_Outcome.pdf:that could have been deemed potentially sexual, which he explained had happened after ./Mr_Jonathan_Philip_Ullmer_-_Professional_Conduct_Panel_Outcome.pdf-Pupil A left the School. He added ‘he didn’t think anything of it’. The panel, having asked ./Mr_Jonathan_Philip_Ullmer_-_Professional_Conduct_Panel_Outcome.pdf- ./Mr_Jonathan_Philip_Ullmer_-_Professional_Conduct_Panel_Outcome.pdf- ./Mr_Jonathan_Philip_Ullmer_-_Professional_Conduct_Panel_Outcome.pdf- 18 ./Mr_Jonathan_Philip_Ullmer_-_Professional_Conduct_Panel_Outcome.pdf- -- ./Mr_Jonathan_Philip_Ullmer_-_Professional_Conduct_Panel_Outcome.pdf-of events. ./Mr_Jonathan_Philip_Ullmer_-_Professional_Conduct_Panel_Outcome.pdf- ./Mr_Jonathan_Philip_Ullmer_-_Professional_Conduct_Panel_Outcome.pdf-The panel noted that Pupil A described that when he was of school age, Mr Ullmer had ./Mr_Jonathan_Philip_Ullmer_-_Professional_Conduct_Panel_Outcome.pdf-‘begged him to touch his penis as part of a dare. Then for a few seconds I did and he ./Mr_Jonathan_Philip_Ullmer_-_Professional_Conduct_Panel_Outcome.pdf-ejaculated almost immediately’. Explicitly in his oral evidence, Pupil A explained in ./Mr_Jonathan_Philip_Ullmer_-_Professional_Conduct_Panel_Outcome.pdf-graphic detail what happened, and described and re-enacted, ‘mopping up his semen as ./Mr_Jonathan_Philip_Ullmer_-_Professional_Conduct_Panel_Outcome.pdf-it ran down my hand’, describing his reaction at the time as, ‘horrified’ and said to the ./Mr_Jonathan_Philip_Ullmer_-_Professional_Conduct_Panel_Outcome.pdf-panel that, ‘something clicked’, and he realised, ‘this was a dangerous path to go down’. ./Mr_Jonathan_Philip_Ullmer_-_Professional_Conduct_Panel_Outcome.pdf-The panel, having found proven allegations 1m and 1n, and having heard instances of ./Mr_Jonathan_Philip_Ullmer_-_Professional_Conduct_Panel_Outcome.pdf-this nature described by Pupil A clearly, consistently and credibly it was obvious to the ./Mr_Jonathan_Philip_Ullmer_-_Professional_Conduct_Panel_Outcome.pdf:panel that the conduct was of a sexual nature. ./Mr_Jonathan_Philip_Ullmer_-_Professional_Conduct_Panel_Outcome.pdf- ./Mr_Jonathan_Philip_Ullmer_-_Professional_Conduct_Panel_Outcome.pdf-On the balance of probabilities, the panel found allegation 2 found proven. ./Mr_Jonathan_Philip_Ullmer_-_Professional_Conduct_Panel_Outcome.pdf- ./Mr_Jonathan_Philip_Ullmer_-_Professional_Conduct_Panel_Outcome.pdf-Findings as to unacceptable professional conduct and/or conduct that ./Mr_Jonathan_Philip_Ullmer_-_Professional_Conduct_Panel_Outcome.pdf-may bring the profession into disrepute ./Mr_Jonathan_Philip_Ullmer_-_Professional_Conduct_Panel_Outcome.pdf-Having found allegations 1b, 1c, 1d (parts 1, 2 and 3), 1e, 1g, 1i, 1l, 1m, 1n and 2 ./Mr_Jonathan_Philip_Ullmer_-_Professional_Conduct_Panel_Outcome.pdf-proven, the panel went on to consider whether the facts of that allegation amounted to ./Mr_Jonathan_Philip_Ullmer_-_Professional_Conduct_Panel_Outcome.pdf-unacceptable professional conduct and/or conduct that may bring the profession into ./Mr_Jonathan_Philip_Ullmer_-_Professional_Conduct_Panel_Outcome.pdf-disrepute. ./Mr_Jonathan_Philip_Ullmer_-_Professional_Conduct_Panel_Outcome.pdf- ./Mr_Jonathan_Philip_Ullmer_-_Professional_Conduct_Panel_Outcome.pdf-In doing so, the panel had regard to its knowledge and experience as to the teaching ./Mr_Jonathan_Philip_Ullmer_-_Professional_Conduct_Panel_Outcome.pdf-standards at that time. The panel noted that there was no codified set of standards such ./Mr_Jonathan_Philip_Ullmer_-_Professional_Conduct_Panel_Outcome.pdf-as there is today. ./Mr_Jonathan_Philip_Ullmer_-_Professional_Conduct_Panel_Outcome.pdf- ./Mr_Jonathan_Philip_Ullmer_-_Professional_Conduct_Panel_Outcome.pdf-The panel took account of its own understanding and experience of the teaching ./Mr_Jonathan_Philip_Ullmer_-_Professional_Conduct_Panel_Outcome.pdf-standards in the 1990’s, as well the prevailing culture of that era. The panel considered ./Mr_Jonathan_Philip_Ullmer_-_Professional_Conduct_Panel_Outcome.pdf-that making inappropriate comments to pupils of a personal nature, spending time with a ./Mr_Jonathan_Philip_Ullmer_-_Professional_Conduct_Panel_Outcome.pdf-pupil outside school in the context of allowing a pupil to stay over at the home of a ./Mr_Jonathan_Philip_Ullmer_-_Professional_Conduct_Panel_Outcome.pdf:teacher, share a bed with a teacher as well as engage in sexual activity with a pupil, ./Mr_Jonathan_Philip_Ullmer_-_Professional_Conduct_Panel_Outcome.pdf-would, in the panel’s view, never be appropriate in any era. In the panel’s experience it ./Mr_Jonathan_Philip_Ullmer_-_Professional_Conduct_Panel_Outcome.pdf-considered that it was not appropriate for a teacher to embark on a relationship with a ./Mr_Jonathan_Philip_Ullmer_-_Professional_Conduct_Panel_Outcome.pdf-pupil in such a manner as observed by Mr Ullmer. ./Mr_Jonathan_Philip_Ullmer_-_Professional_Conduct_Panel_Outcome.pdf- ./Mr_Jonathan_Philip_Ullmer_-_Professional_Conduct_Panel_Outcome.pdf-The panel therefore considered that Mr Ullmer’s standards fell short of the standards ./Mr_Jonathan_Philip_Ullmer_-_Professional_Conduct_Panel_Outcome.pdf-expected of the profession at the time, particularly the failure to maintain proper ./Mr_Jonathan_Philip_Ullmer_-_Professional_Conduct_Panel_Outcome.pdf-professional boundaries with Pupil A. The panel considered that this standard is a ./Mr_Jonathan_Philip_Ullmer_-_Professional_Conduct_Panel_Outcome.pdf-fundamental one and, whilst not explicit in the 1990’s, it nevertheless existed. ./Mr_Jonathan_Philip_Ullmer_-_Professional_Conduct_Panel_Outcome.pdf- ./Mr_Jonathan_Philip_Ullmer_-_Professional_Conduct_Panel_Outcome.pdf- -- ./Mr_Jonathan_Philip_Ullmer_-_Professional_Conduct_Panel_Outcome.pdf-Misconduct: The Prohibition of Teachers, which the panel refers to as “the Advice”. ./Mr_Jonathan_Philip_Ullmer_-_Professional_Conduct_Panel_Outcome.pdf-The standard states that: ./Mr_Jonathan_Philip_Ullmer_-_Professional_Conduct_Panel_Outcome.pdf- ./Mr_Jonathan_Philip_Ullmer_-_Professional_Conduct_Panel_Outcome.pdf-“Teachers uphold public trust in the profession and maintain high standards of ethics ./Mr_Jonathan_Philip_Ullmer_-_Professional_Conduct_Panel_Outcome.pdf-and behaviour, within and outside school, by treating pupils with dignity, building ./Mr_Jonathan_Philip_Ullmer_-_Professional_Conduct_Panel_Outcome.pdf-relationships rooted in mutual respect, and at all times observing proper boundaries ./Mr_Jonathan_Philip_Ullmer_-_Professional_Conduct_Panel_Outcome.pdf-appropriate to a teacher’s professional position”. ./Mr_Jonathan_Philip_Ullmer_-_Professional_Conduct_Panel_Outcome.pdf- ./Mr_Jonathan_Philip_Ullmer_-_Professional_Conduct_Panel_Outcome.pdf-The panel also considered whether the teacher’s conduct displayed behaviours ./Mr_Jonathan_Philip_Ullmer_-_Professional_Conduct_Panel_Outcome.pdf-associated with any of the offences listed on pages 8 and 9 of the Advice. The panel ./Mr_Jonathan_Philip_Ullmer_-_Professional_Conduct_Panel_Outcome.pdf:found that the offence of sexual activity was relevant. ./Mr_Jonathan_Philip_Ullmer_-_Professional_Conduct_Panel_Outcome.pdf- ./Mr_Jonathan_Philip_Ullmer_-_Professional_Conduct_Panel_Outcome.pdf-The Advice indicates that where behaviours associated with such an offence exist, a ./Mr_Jonathan_Philip_Ullmer_-_Professional_Conduct_Panel_Outcome.pdf-panel is likely to conclude that an individual’s conduct would amount to unacceptable ./Mr_Jonathan_Philip_Ullmer_-_Professional_Conduct_Panel_Outcome.pdf-professional conduct. The panel considered that in engaging in instances such (but not ./Mr_Jonathan_Philip_Ullmer_-_Professional_Conduct_Panel_Outcome.pdf-limited to) masturbation, exposure of genitals, full body massage and inappropriate ./Mr_Jonathan_Philip_Ullmer_-_Professional_Conduct_Panel_Outcome.pdf-conversations with a pupil, that this behaviour was clearly unacceptable. ./Mr_Jonathan_Philip_Ullmer_-_Professional_Conduct_Panel_Outcome.pdf- ./Mr_Jonathan_Philip_Ullmer_-_Professional_Conduct_Panel_Outcome.pdf-The panel was satisfied that the conduct of the teacher amounted to misconduct of a ./Mr_Jonathan_Philip_Ullmer_-_Professional_Conduct_Panel_Outcome.pdf-serious nature which fell significantly short of the standards expected of the profession. ./Mr_Jonathan_Philip_Ullmer_-_Professional_Conduct_Panel_Outcome.pdf-Accordingly, the panel was satisfied that the teacher was guilty of unacceptable -- ./Mr_Jonathan_Philip_Ullmer_-_Professional_Conduct_Panel_Outcome.pdf-orders should not be given in order to be punitive, or to show that blame has been ./Mr_Jonathan_Philip_Ullmer_-_Professional_Conduct_Panel_Outcome.pdf-apportioned, although they are likely to have punitive effect. ./Mr_Jonathan_Philip_Ullmer_-_Professional_Conduct_Panel_Outcome.pdf- ./Mr_Jonathan_Philip_Ullmer_-_Professional_Conduct_Panel_Outcome.pdf-The panel had regard to the particular public interest considerations set out in the Advice ./Mr_Jonathan_Philip_Ullmer_-_Professional_Conduct_Panel_Outcome.pdf-and, having done so, found a number of them to be relevant in this case, namely, the ./Mr_Jonathan_Philip_Ullmer_-_Professional_Conduct_Panel_Outcome.pdf-protection of pupils, the protection of other members of the public, the maintenance of ./Mr_Jonathan_Philip_Ullmer_-_Professional_Conduct_Panel_Outcome.pdf-public confidence in the profession, and declaring and upholding proper standards of ./Mr_Jonathan_Philip_Ullmer_-_Professional_Conduct_Panel_Outcome.pdf-conduct. ./Mr_Jonathan_Philip_Ullmer_-_Professional_Conduct_Panel_Outcome.pdf- ./Mr_Jonathan_Philip_Ullmer_-_Professional_Conduct_Panel_Outcome.pdf-In the light of the panel’s findings against Mr Ullmer, which involved an inappropriate ./Mr_Jonathan_Philip_Ullmer_-_Professional_Conduct_Panel_Outcome.pdf:relationship with a pupil which involved sexual activity, there was a strong public interest ./Mr_Jonathan_Philip_Ullmer_-_Professional_Conduct_Panel_Outcome.pdf-consideration in respect of the protection of pupils, given the serious findings. Whilst the ./Mr_Jonathan_Philip_Ullmer_-_Professional_Conduct_Panel_Outcome.pdf-panel noted that these events occurred a number of years ago, the panel believed that ./Mr_Jonathan_Philip_Ullmer_-_Professional_Conduct_Panel_Outcome.pdf-there was a continuing risk due to Mr Ullmer’s inability to understand or admit his ./Mr_Jonathan_Philip_Ullmer_-_Professional_Conduct_Panel_Outcome.pdf-behaviour and or consider their effects. ./Mr_Jonathan_Philip_Ullmer_-_Professional_Conduct_Panel_Outcome.pdf- ./Mr_Jonathan_Philip_Ullmer_-_Professional_Conduct_Panel_Outcome.pdf-Similarly, the panel considered that public confidence in the profession could be seriously ./Mr_Jonathan_Philip_Ullmer_-_Professional_Conduct_Panel_Outcome.pdf-weakened if conduct such as that found against Mr Ullmer, was not treated with the ./Mr_Jonathan_Philip_Ullmer_-_Professional_Conduct_Panel_Outcome.pdf-utmost seriousness when regulating the conduct of the profession. The panel deemed ./Mr_Jonathan_Philip_Ullmer_-_Professional_Conduct_Panel_Outcome.pdf-this conduct to be egregious and unforgiveable. Indeed, Pupil A himself said that ./Mr_Jonathan_Philip_Ullmer_-_Professional_Conduct_Panel_Outcome.pdf-Mr Ullmer couldn’t, ‘control him anymore’. Furthermore, there was public interest in -- ./Mr_Jonathan_Philip_Ullmer_-_Professional_Conduct_Panel_Outcome.pdf-In carrying out the balancing exercise, the panel had regard to the public interest ./Mr_Jonathan_Philip_Ullmer_-_Professional_Conduct_Panel_Outcome.pdf-considerations both in favour of and against prohibition as well as the interests of ./Mr_Jonathan_Philip_Ullmer_-_Professional_Conduct_Panel_Outcome.pdf-Mr Ullmer. The panel took further account of the Advice, which suggests that a ./Mr_Jonathan_Philip_Ullmer_-_Professional_Conduct_Panel_Outcome.pdf-prohibition order may be appropriate if certain behaviours of a teacher have been proven. ./Mr_Jonathan_Philip_Ullmer_-_Professional_Conduct_Panel_Outcome.pdf-In the list of such behaviours, those that were relevant in this case were: ./Mr_Jonathan_Philip_Ullmer_-_Professional_Conduct_Panel_Outcome.pdf- ./Mr_Jonathan_Philip_Ullmer_-_Professional_Conduct_Panel_Outcome.pdf- • serious departure from the personal and professional conduct elements of the ./Mr_Jonathan_Philip_Ullmer_-_Professional_Conduct_Panel_Outcome.pdf- Teachers’ Standards; ./Mr_Jonathan_Philip_Ullmer_-_Professional_Conduct_Panel_Outcome.pdf- • misconduct seriously affecting the education and/or well-being of pupils, and ./Mr_Jonathan_Philip_Ullmer_-_Professional_Conduct_Panel_Outcome.pdf- particularly where there is a continuing risk; ./Mr_Jonathan_Philip_Ullmer_-_Professional_Conduct_Panel_Outcome.pdf: • sexual misconduct, e.g. involving actions that were sexually motivated or of a ./Mr_Jonathan_Philip_Ullmer_-_Professional_Conduct_Panel_Outcome.pdf: sexual nature and/or that use or exploit the trust, knowledge or influence derived ./Mr_Jonathan_Philip_Ullmer_-_Professional_Conduct_Panel_Outcome.pdf- from the individual’s professional position; ./Mr_Jonathan_Philip_Ullmer_-_Professional_Conduct_Panel_Outcome.pdf-Even though some of the behaviour found proven in this case indicated that a prohibition ./Mr_Jonathan_Philip_Ullmer_-_Professional_Conduct_Panel_Outcome.pdf-order would be appropriate, the panel went on to consider the mitigating factors. ./Mr_Jonathan_Philip_Ullmer_-_Professional_Conduct_Panel_Outcome.pdf-Mitigating factors may indicate that a prohibition order would not be not appropriate or ./Mr_Jonathan_Philip_Ullmer_-_Professional_Conduct_Panel_Outcome.pdf-proportionate. ./Mr_Jonathan_Philip_Ullmer_-_Professional_Conduct_Panel_Outcome.pdf- ./Mr_Jonathan_Philip_Ullmer_-_Professional_Conduct_Panel_Outcome.pdf-In the light of the panel’s findings, there was no evidence that the teacher’s actions were ./Mr_Jonathan_Philip_Ullmer_-_Professional_Conduct_Panel_Outcome.pdf-not deliberate. There was no evidence to suggest that the teacher was acting under ./Mr_Jonathan_Philip_Ullmer_-_Professional_Conduct_Panel_Outcome.pdf-duress, in fact the panel found the teacher’s actions to be calculated, motivated and ./Mr_Jonathan_Philip_Ullmer_-_Professional_Conduct_Panel_Outcome.pdf-sustained over a significant period of time. The panel remarked that Mr Ullmer had -- ./Mr_Jonathan_Philip_Ullmer_-_Professional_Conduct_Panel_Outcome.pdf-the case would unacceptably compromise the public interest considerations present in ./Mr_Jonathan_Philip_Ullmer_-_Professional_Conduct_Panel_Outcome.pdf-this case, despite the severity of the consequences for the teacher of prohibition. ./Mr_Jonathan_Philip_Ullmer_-_Professional_Conduct_Panel_Outcome.pdf- ./Mr_Jonathan_Philip_Ullmer_-_Professional_Conduct_Panel_Outcome.pdf-The panel was of the opinion that prohibition was not only proportionate and appropriate, ./Mr_Jonathan_Philip_Ullmer_-_Professional_Conduct_Panel_Outcome.pdf-but essential. The panel decided that the public interest considerations significantly ./Mr_Jonathan_Philip_Ullmer_-_Professional_Conduct_Panel_Outcome.pdf:outweighed the interests of Mr Ullmer. The sexual element to his behaviour was a ./Mr_Jonathan_Philip_Ullmer_-_Professional_Conduct_Panel_Outcome.pdf-significant factor in forming that opinion. Accordingly, the panel made a recommendation ./Mr_Jonathan_Philip_Ullmer_-_Professional_Conduct_Panel_Outcome.pdf-to the Secretary of State that a prohibition order should be imposed with immediate ./Mr_Jonathan_Philip_Ullmer_-_Professional_Conduct_Panel_Outcome.pdf-effect. ./Mr_Jonathan_Philip_Ullmer_-_Professional_Conduct_Panel_Outcome.pdf- ./Mr_Jonathan_Philip_Ullmer_-_Professional_Conduct_Panel_Outcome.pdf-The panel went on to consider whether or not it would be appropriate for it to decide to ./Mr_Jonathan_Philip_Ullmer_-_Professional_Conduct_Panel_Outcome.pdf-recommend a review period of the order. The panel was mindful that the Advice states ./Mr_Jonathan_Philip_Ullmer_-_Professional_Conduct_Panel_Outcome.pdf-that a prohibition order applies for life, but there may be circumstances in any given case ./Mr_Jonathan_Philip_Ullmer_-_Professional_Conduct_Panel_Outcome.pdf-that may make it appropriate to allow a teacher to apply to have the prohibition order ./Mr_Jonathan_Philip_Ullmer_-_Professional_Conduct_Panel_Outcome.pdf-reviewed after a specified period of time that may not be less than 2 years. ./Mr_Jonathan_Philip_Ullmer_-_Professional_Conduct_Panel_Outcome.pdf- ./Mr_Jonathan_Philip_Ullmer_-_Professional_Conduct_Panel_Outcome.pdf-The Advice indicates that there are behaviours that, if proven, would militate against the ./Mr_Jonathan_Philip_Ullmer_-_Professional_Conduct_Panel_Outcome.pdf:recommendation of a review period. One of these behaviours includes serious sexual ./Mr_Jonathan_Philip_Ullmer_-_Professional_Conduct_Panel_Outcome.pdf:misconduct, e.g. where the act was sexually motivated and resulted in or had the ./Mr_Jonathan_Philip_Ullmer_-_Professional_Conduct_Panel_Outcome.pdf-potential to result in, harm to a person or persons, particularly where the individual has ./Mr_Jonathan_Philip_Ullmer_-_Professional_Conduct_Panel_Outcome.pdf-used their professional position to influence or exploit a person or persons. In light of the ./Mr_Jonathan_Philip_Ullmer_-_Professional_Conduct_Panel_Outcome.pdf:panel’s findings of sexual behaviour and motivation, the panel was satisfied that a review ./Mr_Jonathan_Philip_Ullmer_-_Professional_Conduct_Panel_Outcome.pdf-period would not be appropriate in the circumstances. The panel formed the view that his ./Mr_Jonathan_Philip_Ullmer_-_Professional_Conduct_Panel_Outcome.pdf-behaviour would be considered by the ‘ordinary intelligent citizen’ as being incompatible ./Mr_Jonathan_Philip_Ullmer_-_Professional_Conduct_Panel_Outcome.pdf-with being a teacher. Moreover, the panel recognised the long term and serious ./Mr_Jonathan_Philip_Ullmer_-_Professional_Conduct_Panel_Outcome.pdf-consequences for Pupil A as a result of Mr Ullmer’s behaviour that has only come to the ./Mr_Jonathan_Philip_Ullmer_-_Professional_Conduct_Panel_Outcome.pdf-fore some 20 or so years later. ./Mr_Jonathan_Philip_Ullmer_-_Professional_Conduct_Panel_Outcome.pdf- ./Mr_Jonathan_Philip_Ullmer_-_Professional_Conduct_Panel_Outcome.pdf-The panel decided that the findings indicated a situation in which a review period would ./Mr_Jonathan_Philip_Ullmer_-_Professional_Conduct_Panel_Outcome.pdf-not be appropriate and, as such, decided that it would be proportionate, in all the ./Mr_Jonathan_Philip_Ullmer_-_Professional_Conduct_Panel_Outcome.pdf-circumstances, for the prohibition order to be recommended without provisions for a ./Mr_Jonathan_Philip_Ullmer_-_Professional_Conduct_Panel_Outcome.pdf-review period. -- ./Mr_Jonathan_Philip_Ullmer_-_Professional_Conduct_Panel_Outcome.pdf-Misconduct: The Prohibition of Teachers, which the panel refers to as “the Advice”. ./Mr_Jonathan_Philip_Ullmer_-_Professional_Conduct_Panel_Outcome.pdf-The standard states that: ./Mr_Jonathan_Philip_Ullmer_-_Professional_Conduct_Panel_Outcome.pdf- ./Mr_Jonathan_Philip_Ullmer_-_Professional_Conduct_Panel_Outcome.pdf-“Teachers uphold public trust in the profession and maintain high standards of ethics ./Mr_Jonathan_Philip_Ullmer_-_Professional_Conduct_Panel_Outcome.pdf-and behaviour, within and outside school, by treating pupils with dignity, building ./Mr_Jonathan_Philip_Ullmer_-_Professional_Conduct_Panel_Outcome.pdf-relationships rooted in mutual respect, and at all times observing proper boundaries ./Mr_Jonathan_Philip_Ullmer_-_Professional_Conduct_Panel_Outcome.pdf-appropriate to a teacher’s professional position”.” ./Mr_Jonathan_Philip_Ullmer_-_Professional_Conduct_Panel_Outcome.pdf- ./Mr_Jonathan_Philip_Ullmer_-_Professional_Conduct_Panel_Outcome.pdf-Finally, the panel also considered whether the teacher’s conduct displayed behaviours ./Mr_Jonathan_Philip_Ullmer_-_Professional_Conduct_Panel_Outcome.pdf-associated with any of the offences listed on pages 8 and 9 of the Advice. The panel say ./Mr_Jonathan_Philip_Ullmer_-_Professional_Conduct_Panel_Outcome.pdf:that it, “found that the offence of sexual activity was relevant.” ./Mr_Jonathan_Philip_Ullmer_-_Professional_Conduct_Panel_Outcome.pdf- ./Mr_Jonathan_Philip_Ullmer_-_Professional_Conduct_Panel_Outcome.pdf:The findings of misconduct are particularly serious as they include a finding of sexual ./Mr_Jonathan_Philip_Ullmer_-_Professional_Conduct_Panel_Outcome.pdf-activity. ./Mr_Jonathan_Philip_Ullmer_-_Professional_Conduct_Panel_Outcome.pdf- ./Mr_Jonathan_Philip_Ullmer_-_Professional_Conduct_Panel_Outcome.pdf-I have to determine whether the imposition of a prohibition order is proportionate and in ./Mr_Jonathan_Philip_Ullmer_-_Professional_Conduct_Panel_Outcome.pdf-the public interest. In considering that for this case, I have considered the overall aim of a ./Mr_Jonathan_Philip_Ullmer_-_Professional_Conduct_Panel_Outcome.pdf-prohibition order which is to protect pupils and to maintain public confidence in the ./Mr_Jonathan_Philip_Ullmer_-_Professional_Conduct_Panel_Outcome.pdf-profession. I have considered the extent to which a prohibition order in this case would ./Mr_Jonathan_Philip_Ullmer_-_Professional_Conduct_Panel_Outcome.pdf-achieve that aim taking into account the impact that it will have on the individual teacher. ./Mr_Jonathan_Philip_Ullmer_-_Professional_Conduct_Panel_Outcome.pdf-I have also asked myself, whether a less intrusive measure, such as the published ./Mr_Jonathan_Philip_Ullmer_-_Professional_Conduct_Panel_Outcome.pdf-finding of unacceptable professional conduct and conduct that may bring the profession ./Mr_Jonathan_Philip_Ullmer_-_Professional_Conduct_Panel_Outcome.pdf-into disrepute, would itself be sufficient to achieve the overall aim. I have to consider -- ./Mr_Jonathan_Philip_Ullmer_-_Professional_Conduct_Panel_Outcome.pdf-teaching profession is viewed by others (both then and now) and considered the ./Mr_Jonathan_Philip_Ullmer_-_Professional_Conduct_Panel_Outcome.pdf-influence that teachers may have on pupils, parents and others in the community. The ./Mr_Jonathan_Philip_Ullmer_-_Professional_Conduct_Panel_Outcome.pdf-panel also took account of the uniquely influential role that teachers can hold in pupils’ ./Mr_Jonathan_Philip_Ullmer_-_Professional_Conduct_Panel_Outcome.pdf-lives and the fact that pupils must be able to view teachers as role models in the way that ./Mr_Jonathan_Philip_Ullmer_-_Professional_Conduct_Panel_Outcome.pdf-they behave….The panel was of the view that by Mr Ullmer’s engaging in conduct such ./Mr_Jonathan_Philip_Ullmer_-_Professional_Conduct_Panel_Outcome.pdf-as spending time with a pupil outside school in the circumstances described, clearly ./Mr_Jonathan_Philip_Ullmer_-_Professional_Conduct_Panel_Outcome.pdf-affected the way the person fulfilled their teaching role or may lead to pupils being ./Mr_Jonathan_Philip_Ullmer_-_Professional_Conduct_Panel_Outcome.pdf-exposed to, or influenced by, the behaviour in a harmful way. Indeed, some 20 years ./Mr_Jonathan_Philip_Ullmer_-_Professional_Conduct_Panel_Outcome.pdf-later, this has had a profound effect on the pupil involved.” ./Mr_Jonathan_Philip_Ullmer_-_Professional_Conduct_Panel_Outcome.pdf- ./Mr_Jonathan_Philip_Ullmer_-_Professional_Conduct_Panel_Outcome.pdf:I am particularly mindful of the finding of sexual misconduct in this case and the impact ./Mr_Jonathan_Philip_Ullmer_-_Professional_Conduct_Panel_Outcome.pdf-that such a finding has on the reputation of the profession. ./Mr_Jonathan_Philip_Ullmer_-_Professional_Conduct_Panel_Outcome.pdf- ./Mr_Jonathan_Philip_Ullmer_-_Professional_Conduct_Panel_Outcome.pdf-I have had to consider that the public has a high expectation of professional standards of ./Mr_Jonathan_Philip_Ullmer_-_Professional_Conduct_Panel_Outcome.pdf-all teachers and that the public might regard a failure to impose a prohibition order as a ./Mr_Jonathan_Philip_Ullmer_-_Professional_Conduct_Panel_Outcome.pdf-failure to uphold those high standards. In weighing these considerations, I have had to ./Mr_Jonathan_Philip_Ullmer_-_Professional_Conduct_Panel_Outcome.pdf-consider the matter from the point of view of an “ordinary intelligent and well-informed ./Mr_Jonathan_Philip_Ullmer_-_Professional_Conduct_Panel_Outcome.pdf-citizen.” ./Mr_Jonathan_Philip_Ullmer_-_Professional_Conduct_Panel_Outcome.pdf- ./Mr_Jonathan_Philip_Ullmer_-_Professional_Conduct_Panel_Outcome.pdf-I have considered whether the publication of a finding of unacceptable professional ./Mr_Jonathan_Philip_Ullmer_-_Professional_Conduct_Panel_Outcome.pdf-conduct, in the absence of a prohibition order, can itself be regarded by such a person as -- ./Mr_Jonathan_Philip_Ullmer_-_Professional_Conduct_Panel_Outcome.pdf- ./Mr_Jonathan_Philip_Ullmer_-_Professional_Conduct_Panel_Outcome.pdf-I have considered the panel’s comments, “The panel formed the view that his behaviour ./Mr_Jonathan_Philip_Ullmer_-_Professional_Conduct_Panel_Outcome.pdf-would be considered by the ‘ordinary intelligent citizen’ as being incompatible with being ./Mr_Jonathan_Philip_Ullmer_-_Professional_Conduct_Panel_Outcome.pdf-a teacher. Moreover, the panel recognised the long term and serious consequences for ./Mr_Jonathan_Philip_Ullmer_-_Professional_Conduct_Panel_Outcome.pdf-Pupil A as a result of Mr Ullmer’s behaviour that has only come to the fore some 20 or so ./Mr_Jonathan_Philip_Ullmer_-_Professional_Conduct_Panel_Outcome.pdf-years later.” ./Mr_Jonathan_Philip_Ullmer_-_Professional_Conduct_Panel_Outcome.pdf- ./Mr_Jonathan_Philip_Ullmer_-_Professional_Conduct_Panel_Outcome.pdf-I have considered whether allowing for no review period reflects the seriousness of the ./Mr_Jonathan_Philip_Ullmer_-_Professional_Conduct_Panel_Outcome.pdf-findings and is proportionate to achieve the aim of maintaining public confidence in the ./Mr_Jonathan_Philip_Ullmer_-_Professional_Conduct_Panel_Outcome.pdf-profession. In this case, the factors that mean a no review period is proportionate are, the ./Mr_Jonathan_Philip_Ullmer_-_Professional_Conduct_Panel_Outcome.pdf:sexual misconduct found, the lack of either insight or remorse, and the long term and ./Mr_Jonathan_Philip_Ullmer_-_Professional_Conduct_Panel_Outcome.pdf-serious consequences on Pupil A. ./Mr_Jonathan_Philip_Ullmer_-_Professional_Conduct_Panel_Outcome.pdf- ./Mr_Jonathan_Philip_Ullmer_-_Professional_Conduct_Panel_Outcome.pdf-I consider therefore that allowing for no review period is necessary to maintain public ./Mr_Jonathan_Philip_Ullmer_-_Professional_Conduct_Panel_Outcome.pdf-confidence and is proportionate and in the public interest. ./Mr_Jonathan_Philip_Ullmer_-_Professional_Conduct_Panel_Outcome.pdf- ./Mr_Jonathan_Philip_Ullmer_-_Professional_Conduct_Panel_Outcome.pdf-This means that Mr Jonathan Ullmer is prohibited from teaching indefinitely and ./Mr_Jonathan_Philip_Ullmer_-_Professional_Conduct_Panel_Outcome.pdf-cannot teach in any school, sixth form college, relevant youth accommodation or ./Mr_Jonathan_Philip_Ullmer_-_Professional_Conduct_Panel_Outcome.pdf- ./Mr_Jonathan_Philip_Ullmer_-_Professional_Conduct_Panel_Outcome.pdf- ./Mr_Jonathan_Philip_Ullmer_-_Professional_Conduct_Panel_Outcome.pdf- 26 ./Mr_Joshim_Nur__14239_-_SoS_decision.pdf-October 2017. ./Mr_Joshim_Nur__14239_-_SoS_decision.pdf- ./Mr_Joshim_Nur__14239_-_SoS_decision.pdf-It was alleged that Mr Nur was guilty of conduct that may bring the profession into ./Mr_Joshim_Nur__14239_-_SoS_decision.pdf-disrepute, in that: ./Mr_Joshim_Nur__14239_-_SoS_decision.pdf- ./Mr_Joshim_Nur__14239_-_SoS_decision.pdf- 1. Between August 2006 and April 2009 he engaged in a relationship with Child A: ./Mr_Joshim_Nur__14239_-_SoS_decision.pdf- ./Mr_Joshim_Nur__14239_-_SoS_decision.pdf- a. in circumstances where he knew and/or should have known that she was ./Mr_Joshim_Nur__14239_-_SoS_decision.pdf- under the age of 16; ./Mr_Joshim_Nur__14239_-_SoS_decision.pdf- ./Mr_Joshim_Nur__14239_-_SoS_decision.pdf: b. which included sexual activity and/or sexual intercourse on more than one ./Mr_Joshim_Nur__14239_-_SoS_decision.pdf- occasion whilst she remained under the age of 16. ./Mr_Joshim_Nur__14239_-_SoS_decision.pdf- ./Mr_Joshim_Nur__14239_-_SoS_decision.pdf-The teacher denies the allegations. ./Mr_Joshim_Nur__14239_-_SoS_decision.pdf- ./Mr_Joshim_Nur__14239_-_SoS_decision.pdf- ./Mr_Joshim_Nur__14239_-_SoS_decision.pdf-C. Preliminary applications ./Mr_Joshim_Nur__14239_-_SoS_decision.pdf-The panel considered an application from the presenting officer to proceed in the ./Mr_Joshim_Nur__14239_-_SoS_decision.pdf-absence of Mr Nur. ./Mr_Joshim_Nur__14239_-_SoS_decision.pdf- ./Mr_Joshim_Nur__14239_-_SoS_decision.pdf-The panel was satisfied that the TRA complied with the service requirements of -- ./Mr_Joshim_Nur__14239_-_SoS_decision.pdf-The panel did not hear oral evidence from any witnesses. ./Mr_Joshim_Nur__14239_-_SoS_decision.pdf- ./Mr_Joshim_Nur__14239_-_SoS_decision.pdf- ./Mr_Joshim_Nur__14239_-_SoS_decision.pdf-E. Decision and reasons ./Mr_Joshim_Nur__14239_-_SoS_decision.pdf-The panel announced its decision and reasons as follows: ./Mr_Joshim_Nur__14239_-_SoS_decision.pdf- ./Mr_Joshim_Nur__14239_-_SoS_decision.pdf-Mr Nur was employed as a Physics teacher at the London Nautical School from June ./Mr_Joshim_Nur__14239_-_SoS_decision.pdf-2006. It is alleged that during the summer holiday, immediately following his appointment, ./Mr_Joshim_Nur__14239_-_SoS_decision.pdf-he travelled to Bangladesh and married a 13 year old child, either knowingly or in ./Mr_Joshim_Nur__14239_-_SoS_decision.pdf-circumstances in which he ought to have known her age. It is further alleged that he had ./Mr_Joshim_Nur__14239_-_SoS_decision.pdf:a sexual relationship with her which started when she was under the age of sixteen. ./Mr_Joshim_Nur__14239_-_SoS_decision.pdf- ./Mr_Joshim_Nur__14239_-_SoS_decision.pdf-Findings of fact ./Mr_Joshim_Nur__14239_-_SoS_decision.pdf-Our findings of fact are as follows: ./Mr_Joshim_Nur__14239_-_SoS_decision.pdf- ./Mr_Joshim_Nur__14239_-_SoS_decision.pdf-The panel has found the following particulars of the allegations against you proven, for ./Mr_Joshim_Nur__14239_-_SoS_decision.pdf-these reasons: ./Mr_Joshim_Nur__14239_-_SoS_decision.pdf- ./Mr_Joshim_Nur__14239_-_SoS_decision.pdf- 1. Between August 2006 and April 2009 you engaged in a relationship with ./Mr_Joshim_Nur__14239_-_SoS_decision.pdf- Child A: ./Mr_Joshim_Nur__14239_-_SoS_decision.pdf- -- ./Mr_Joshim_Nur__14239_-_SoS_decision.pdf-certificate which was used in order to apply for a passport for Child A following their ./Mr_Joshim_Nur__14239_-_SoS_decision.pdf-marriage. ./Mr_Joshim_Nur__14239_-_SoS_decision.pdf- ./Mr_Joshim_Nur__14239_-_SoS_decision.pdf-The panel did not find it plausible that Mr Nur could have mistaken a 13 year old child for ./Mr_Joshim_Nur__14239_-_SoS_decision.pdf-an eighteen year old, and that this misconception continued over a four year period. The ./Mr_Joshim_Nur__14239_-_SoS_decision.pdf-panel was particularly concerned in light of the fact he worked in a secondary school and ./Mr_Joshim_Nur__14239_-_SoS_decision.pdf-had daily interactions with children of this age. ./Mr_Joshim_Nur__14239_-_SoS_decision.pdf- ./Mr_Joshim_Nur__14239_-_SoS_decision.pdf-The panel found this allegation proven, on the balance of probabilities. ./Mr_Joshim_Nur__14239_-_SoS_decision.pdf- ./Mr_Joshim_Nur__14239_-_SoS_decision.pdf: b. Which included sexual activity and/or sexual intercourse on more than ./Mr_Joshim_Nur__14239_-_SoS_decision.pdf- one occasion whilst she remained under the age of 16 ./Mr_Joshim_Nur__14239_-_SoS_decision.pdf- ./Mr_Joshim_Nur__14239_-_SoS_decision.pdf:The panel had regard to the evidence of Child A in which she stated that sexual activity ./Mr_Joshim_Nur__14239_-_SoS_decision.pdf-started shortly after her marriage to Mr Nur. She also confirmed that she was taken to an ./Mr_Joshim_Nur__14239_-_SoS_decision.pdf-appointment with the family planning clinic in 2007 (when she was aged 13 or 14 years ./Mr_Joshim_Nur__14239_-_SoS_decision.pdf-old) and that she took contraceptive pills every day. ./Mr_Joshim_Nur__14239_-_SoS_decision.pdf- ./Mr_Joshim_Nur__14239_-_SoS_decision.pdf-Mr Nur now accepts that Child A was 13 years old in 2006. However, he maintains that ./Mr_Joshim_Nur__14239_-_SoS_decision.pdf-he was unaware of this at the time of their marriage, believing her to be eighteen years ./Mr_Joshim_Nur__14239_-_SoS_decision.pdf-old. ./Mr_Joshim_Nur__14239_-_SoS_decision.pdf- ./Mr_Joshim_Nur__14239_-_SoS_decision.pdf:Mr Nur does not deny that he had sexual intercourse with Child A during their marriage. ./Mr_Joshim_Nur__14239_-_SoS_decision.pdf-This is supported by the evidence of the Family Court Order which identified that, “full ./Mr_Joshim_Nur__14239_-_SoS_decision.pdf:sexual relations between the mother and father commenced in early part of 2007 when ./Mr_Joshim_Nur__14239_-_SoS_decision.pdf-she was only 13 or 14 years of age.” ./Mr_Joshim_Nur__14239_-_SoS_decision.pdf- ./Mr_Joshim_Nur__14239_-_SoS_decision.pdf-The panel found this allegation proven, on the balance of probabilities. ./Mr_Joshim_Nur__14239_-_SoS_decision.pdf- ./Mr_Joshim_Nur__14239_-_SoS_decision.pdf-Findings as to conduct that may bring the profession into disrepute ./Mr_Joshim_Nur__14239_-_SoS_decision.pdf-Having found the allegations to have been proven, the panel has gone on to consider ./Mr_Joshim_Nur__14239_-_SoS_decision.pdf-whether the facts of those proven allegations amount to conduct that may bring the ./Mr_Joshim_Nur__14239_-_SoS_decision.pdf-profession into disrepute. ./Mr_Joshim_Nur__14239_-_SoS_decision.pdf- ./Mr_Joshim_Nur__14239_-_SoS_decision.pdf-In doing so, the panel has had regard to the document Teacher Misconduct: The -- ./Mr_Joshim_Nur__14239_-_SoS_decision.pdf- • Teachers must have an understanding of, and always act within, the statutory ./Mr_Joshim_Nur__14239_-_SoS_decision.pdf- frameworks which set out their professional duties and responsibilities ./Mr_Joshim_Nur__14239_-_SoS_decision.pdf-The panel is satisfied that the conduct of Mr Nur amounts to misconduct of a serious ./Mr_Joshim_Nur__14239_-_SoS_decision.pdf-nature which fell significantly short of the standards expected of the profession at the ./Mr_Joshim_Nur__14239_-_SoS_decision.pdf-time. The panel has taken account of Mr Nur’s contention that he was misled as to his ./Mr_Joshim_Nur__14239_-_SoS_decision.pdf-wife’s age at the time of their marriage. However, his naivety and ignorance does not ./Mr_Joshim_Nur__14239_-_SoS_decision.pdf-mitigate or absolve him of his wider professional responsibilities. ./Mr_Joshim_Nur__14239_-_SoS_decision.pdf- ./Mr_Joshim_Nur__14239_-_SoS_decision.pdf-The panel has also considered whether Mr Nur’s conduct displayed behaviours ./Mr_Joshim_Nur__14239_-_SoS_decision.pdf-associated with any of the offences listed on pages 8 and 9 of the Advice and the panel ./Mr_Joshim_Nur__14239_-_SoS_decision.pdf:has found the offence of sexual activity is relevant. ./Mr_Joshim_Nur__14239_-_SoS_decision.pdf- ./Mr_Joshim_Nur__14239_-_SoS_decision.pdf-The panel has taken into account how the teaching profession is viewed by others and ./Mr_Joshim_Nur__14239_-_SoS_decision.pdf-considered the influence that teachers may have on pupils, parents and others in the ./Mr_Joshim_Nur__14239_-_SoS_decision.pdf-community. The panel has taken account of the uniquely influential role that teachers can ./Mr_Joshim_Nur__14239_-_SoS_decision.pdf-hold in pupils’ lives and that pupils must be able to view teachers as role models in the ./Mr_Joshim_Nur__14239_-_SoS_decision.pdf-way they behave. ./Mr_Joshim_Nur__14239_-_SoS_decision.pdf- ./Mr_Joshim_Nur__14239_-_SoS_decision.pdf-The findings are serious and the conduct displayed would likely have a negative impact ./Mr_Joshim_Nur__14239_-_SoS_decision.pdf-on the individual’s status as a teacher, potentially damaging the public perception. ./Mr_Joshim_Nur__14239_-_SoS_decision.pdf- -- ./Mr_Joshim_Nur__14239_-_SoS_decision.pdf-account the effect that this would have on Mr Nur. ./Mr_Joshim_Nur__14239_-_SoS_decision.pdf- ./Mr_Joshim_Nur__14239_-_SoS_decision.pdf-In carrying out the balancing exercise the panel has considered the public interest factors ./Mr_Joshim_Nur__14239_-_SoS_decision.pdf-both in favour of and against prohibition as well as the interests of Mr Nur. The panel took ./Mr_Joshim_Nur__14239_-_SoS_decision.pdf-further account of the Advice, which suggests that a prohibition order may be appropriate ./Mr_Joshim_Nur__14239_-_SoS_decision.pdf-if certain behaviours of a teacher have been proven. In the list of such behaviours, those ./Mr_Joshim_Nur__14239_-_SoS_decision.pdf-that are relevant in this case are: ./Mr_Joshim_Nur__14239_-_SoS_decision.pdf- ./Mr_Joshim_Nur__14239_-_SoS_decision.pdf- • serious departure from the personal and professional conduct elements of the ./Mr_Joshim_Nur__14239_-_SoS_decision.pdf- Teachers’ Standards ./Mr_Joshim_Nur__14239_-_SoS_decision.pdf: • sexual misconduct, eg involving actions that were sexually motivated or of a ./Mr_Joshim_Nur__14239_-_SoS_decision.pdf: sexual nature ./Mr_Joshim_Nur__14239_-_SoS_decision.pdf-Even though there were behaviours that would point to a prohibition order being ./Mr_Joshim_Nur__14239_-_SoS_decision.pdf-appropriate, the panel went on to consider whether or not there were sufficient mitigating ./Mr_Joshim_Nur__14239_-_SoS_decision.pdf-factors to militate against a prohibition order being an appropriate and proportionate ./Mr_Joshim_Nur__14239_-_SoS_decision.pdf-measure to impose, particularly taking into account the nature and severity of the ./Mr_Joshim_Nur__14239_-_SoS_decision.pdf-behaviour in this case. The panel considered whether there was any mitigation and found ./Mr_Joshim_Nur__14239_-_SoS_decision.pdf-that Mr Nur was a good teacher, described as a, “gifted and valued staff member” by the ./Mr_Joshim_Nur__14239_-_SoS_decision.pdf-headteacher. ./Mr_Joshim_Nur__14239_-_SoS_decision.pdf- ./Mr_Joshim_Nur__14239_-_SoS_decision.pdf-However, there was no evidence that the teacher’s actions were not deliberate and the ./Mr_Joshim_Nur__14239_-_SoS_decision.pdf-panel found he knew, or should have known Child A’s age at the time of their marriage. -- ./Mr_Joshim_Nur__14239_-_SoS_decision.pdf-The panel is of the view that applying the standard of the ordinary intelligent citizen ./Mr_Joshim_Nur__14239_-_SoS_decision.pdf-recommending no prohibition order is not a proportionate and appropriate response. ./Mr_Joshim_Nur__14239_-_SoS_decision.pdf-Recommending that publication of adverse findings is sufficient in the case would ./Mr_Joshim_Nur__14239_-_SoS_decision.pdf-unacceptably compromise the public interest considerations present in this case, despite ./Mr_Joshim_Nur__14239_-_SoS_decision.pdf-the severity of consequences for the teacher of prohibition. ./Mr_Joshim_Nur__14239_-_SoS_decision.pdf- ./Mr_Joshim_Nur__14239_-_SoS_decision.pdf-The panel is of the view that prohibition is both proportionate and appropriate. The panel ./Mr_Joshim_Nur__14239_-_SoS_decision.pdf-has decided that the public interest considerations outweigh the interests of Mr Nur. Child ./Mr_Joshim_Nur__14239_-_SoS_decision.pdf:A’s young age (13) at the time of their marriage, and the length of time of the sexual ./Mr_Joshim_Nur__14239_-_SoS_decision.pdf-relationship were both significant factors in forming that opinion. Accordingly, the panel ./Mr_Joshim_Nur__14239_-_SoS_decision.pdf-makes a recommendation to the Secretary of State that a prohibition order should be ./Mr_Joshim_Nur__14239_-_SoS_decision.pdf-imposed with immediate effect. ./Mr_Joshim_Nur__14239_-_SoS_decision.pdf- ./Mr_Joshim_Nur__14239_-_SoS_decision.pdf-The panel went on to consider whether or not it would be appropriate for them to decide ./Mr_Joshim_Nur__14239_-_SoS_decision.pdf-to recommend a review period of the order. The panel was mindful that the Advice states ./Mr_Joshim_Nur__14239_-_SoS_decision.pdf-that a prohibition order applies for life, but there may be circumstances in any given case ./Mr_Joshim_Nur__14239_-_SoS_decision.pdf-that may make it appropriate to allow a teacher to apply to have the prohibition order ./Mr_Joshim_Nur__14239_-_SoS_decision.pdf-reviewed after a specified period of time that may not be less than 2 years. ./Mr_Joshim_Nur__14239_-_SoS_decision.pdf- ./Mr_Joshim_Nur__14239_-_SoS_decision.pdf-The Advice indicates that there are behaviours that, if proven, would militate against a ./Mr_Joshim_Nur__14239_-_SoS_decision.pdf:review period being recommended. These behaviours include serious sexual ./Mr_Joshim_Nur__14239_-_SoS_decision.pdf:misconduct, eg where the act was sexually motivated and resulted in or had the potential ./Mr_Joshim_Nur__14239_-_SoS_decision.pdf-to result in, harm to a person or persons. The panel has found that Mr Nur entered into a ./Mr_Joshim_Nur__14239_-_SoS_decision.pdf:marriage and a sexual relationship with a 13 year old child. The panel found this ./Mr_Joshim_Nur__14239_-_SoS_decision.pdf-behaviour to be extremely serious and noted that Mr Nur did not demonstrate any insight ./Mr_Joshim_Nur__14239_-_SoS_decision.pdf-into his actions or their impact on Child A. ./Mr_Joshim_Nur__14239_-_SoS_decision.pdf- ./Mr_Joshim_Nur__14239_-_SoS_decision.pdf-The panel felt the findings indicated a situation in which a review period would not be ./Mr_Joshim_Nur__14239_-_SoS_decision.pdf-appropriate and as such decided that it would be proportionate in all the circumstances ./Mr_Joshim_Nur__14239_-_SoS_decision.pdf-for the prohibition order to be recommended without provisions for a review period. ./Mr_Joshim_Nur__14239_-_SoS_decision.pdf- ./Mr_Joshim_Nur__14239_-_SoS_decision.pdf- ./Mr_Joshim_Nur__14239_-_SoS_decision.pdf-Decision and reasons on behalf of the Secretary of State ./Mr_Joshim_Nur__14239_-_SoS_decision.pdf-I have given very careful consideration to this case and to the recommendation of the -- ./Mr_Joshim_Nur__14239_-_SoS_decision.pdf-In particular the panel has found that Mr Nur is in breach of the following standards: ./Mr_Joshim_Nur__14239_-_SoS_decision.pdf- ./Mr_Joshim_Nur__14239_-_SoS_decision.pdf- • Teachers uphold public trust in the profession and maintain high standards of ./Mr_Joshim_Nur__14239_-_SoS_decision.pdf- ethics and behaviour, within and outside school ./Mr_Joshim_Nur__14239_-_SoS_decision.pdf- • Teachers must have an understanding of, and always act within, the statutory ./Mr_Joshim_Nur__14239_-_SoS_decision.pdf- frameworks which set out their professional duties and responsibilities. ./Mr_Joshim_Nur__14239_-_SoS_decision.pdf- ./Mr_Joshim_Nur__14239_-_SoS_decision.pdf- ./Mr_Joshim_Nur__14239_-_SoS_decision.pdf- ./Mr_Joshim_Nur__14239_-_SoS_decision.pdf:The findings of misconduct are particularly serious as they include a finding of sexual ./Mr_Joshim_Nur__14239_-_SoS_decision.pdf-activity. ./Mr_Joshim_Nur__14239_-_SoS_decision.pdf- ./Mr_Joshim_Nur__14239_-_SoS_decision.pdf-I have to determine whether the imposition of a prohibition order is proportionate and in ./Mr_Joshim_Nur__14239_-_SoS_decision.pdf-the public interest. In considering that for this case I have considered the overall aim of a ./Mr_Joshim_Nur__14239_-_SoS_decision.pdf-prohibition order which is to protect pupils and to maintain public confidence in the ./Mr_Joshim_Nur__14239_-_SoS_decision.pdf-profession. I have considered the extent to which a prohibition order in this case would ./Mr_Joshim_Nur__14239_-_SoS_decision.pdf-achieve that aim taking into account the impact that it will have on the individual teacher. ./Mr_Joshim_Nur__14239_-_SoS_decision.pdf-I have also asked myself whether or not a less intrusive measure, such as the published ./Mr_Joshim_Nur__14239_-_SoS_decision.pdf-finding of unacceptable professional conduct and conduct that may bring the profession ./Mr_Joshim_Nur__14239_-_SoS_decision.pdf-into disrepute, would itself be sufficient to achieve the overall aim. I have to consider ./Mr_Joshim_Nur__14239_-_SoS_decision.pdf-whether the consequences of such a publication are themselves sufficient. I have ./Mr_Joshim_Nur__14239_-_SoS_decision.pdf-considered therefore whether or not prohibiting Mr Nur, and the impact that will have on ./Mr_Joshim_Nur__14239_-_SoS_decision.pdf-him, is proportionate. ./Mr_Joshim_Nur__14239_-_SoS_decision.pdf- ./Mr_Joshim_Nur__14239_-_SoS_decision.pdf-In this case I have considered the extent to which a prohibition order would protect ./Mr_Joshim_Nur__14239_-_SoS_decision.pdf:pupils. The panel has observed “Mr Nur entered into a marriage and a sexual relationship ./Mr_Joshim_Nur__14239_-_SoS_decision.pdf-with a 13 year old child.” I have also taken into account the panel’s comments on insight ./Mr_Joshim_Nur__14239_-_SoS_decision.pdf-which the panel sets out as follows, “Mr Nur did not demonstrate any insight into his ./Mr_Joshim_Nur__14239_-_SoS_decision.pdf-actions or their impact on Child A.” ./Mr_Joshim_Nur__14239_-_SoS_decision.pdf- ./Mr_Joshim_Nur__14239_-_SoS_decision.pdf-In my judgement the lack of insight means that there is some risk of the repetition of this ./Mr_Joshim_Nur__14239_-_SoS_decision.pdf-behaviour. I have therefore given this element considerable weight in reaching my ./Mr_Joshim_Nur__14239_-_SoS_decision.pdf-decision. ./Mr_Joshim_Nur__14239_-_SoS_decision.pdf- ./Mr_Joshim_Nur__14239_-_SoS_decision.pdf-I have gone on to consider the extent to which a prohibition order would maintain public ./Mr_Joshim_Nur__14239_-_SoS_decision.pdf-confidence in the profession. The panel observe, “The panel has taken account of the ./Mr_Joshim_Nur__14239_-_SoS_decision.pdf-uniquely influential role that teachers can hold in pupils’ lives and that pupils must be able ./Mr_Joshim_Nur__14239_-_SoS_decision.pdf-to view teachers as role models in the way they behave.” I am particularly mindful of the ./Mr_Joshim_Nur__14239_-_SoS_decision.pdf:finding of sexual activity in this case and the impact that such a finding has on the ./Mr_Joshim_Nur__14239_-_SoS_decision.pdf-reputation of the profession. ./Mr_Joshim_Nur__14239_-_SoS_decision.pdf- ./Mr_Joshim_Nur__14239_-_SoS_decision.pdf-I have had to consider that the public has a high expectation of professional standards of ./Mr_Joshim_Nur__14239_-_SoS_decision.pdf-all teachers and that failure to impose a prohibition order might be regarded by the public ./Mr_Joshim_Nur__14239_-_SoS_decision.pdf-as a failure to uphold those high standards. In weighing these considerations I have had ./Mr_Joshim_Nur__14239_-_SoS_decision.pdf- ./Mr_Joshim_Nur__14239_-_SoS_decision.pdf- ./Mr_Joshim_Nur__14239_-_SoS_decision.pdf- ./Mr_Joshim_Nur__14239_-_SoS_decision.pdf- 11 ./Mr_Joshim_Nur__14239_-_SoS_decision.pdf- -- ./Mr_Joshim_Nur__14239_-_SoS_decision.pdf- ./Mr_Joshim_Nur__14239_-_SoS_decision.pdf-In this case I have placed considerable weight on the panel’s comments concerning the ./Mr_Joshim_Nur__14239_-_SoS_decision.pdf-circumstances of this case. The panel has said, “there was no evidence that the ./Mr_Joshim_Nur__14239_-_SoS_decision.pdf-teacher’s actions were not deliberate and the panel found he knew, or should have ./Mr_Joshim_Nur__14239_-_SoS_decision.pdf-known Child A’s age at the time of their marriage. The panel acknowledged that Mr Nur ./Mr_Joshim_Nur__14239_-_SoS_decision.pdf-appeared to be acting under pressure from his family to enter into the marriage, given ./Mr_Joshim_Nur__14239_-_SoS_decision.pdf-that he met Child A just three days prior to their wedding. This was supported by the ./Mr_Joshim_Nur__14239_-_SoS_decision.pdf-Family Court, who considered Mr Nur to have also been a victim in this situation.” ./Mr_Joshim_Nur__14239_-_SoS_decision.pdf- ./Mr_Joshim_Nur__14239_-_SoS_decision.pdf-I have also placed considerable weight on the finding of the panel concerning “Child A’s ./Mr_Joshim_Nur__14239_-_SoS_decision.pdf:young age (13) at the time of their marriage, and the length of time of the sexual ./Mr_Joshim_Nur__14239_-_SoS_decision.pdf-relationship.” ./Mr_Joshim_Nur__14239_-_SoS_decision.pdf- ./Mr_Joshim_Nur__14239_-_SoS_decision.pdf-I have given less weight in my consideration of sanction therefore, to the contribution that ./Mr_Joshim_Nur__14239_-_SoS_decision.pdf-Mr Nur has made to the profession. In my view it is necessary to impose a prohibition ./Mr_Joshim_Nur__14239_-_SoS_decision.pdf-order in order to maintain public confidence in the profession. A published decision that is ./Mr_Joshim_Nur__14239_-_SoS_decision.pdf-not backed up by remorse or insight does not in my view satisfy the public interest ./Mr_Joshim_Nur__14239_-_SoS_decision.pdf-requirement concerning public confidence in the profession. ./Mr_Joshim_Nur__14239_-_SoS_decision.pdf- ./Mr_Joshim_Nur__14239_-_SoS_decision.pdf-For these reasons I have concluded that a prohibition order is proportionate and in the ./Mr_Joshim_Nur__14239_-_SoS_decision.pdf-public interest in order to achieve the aims which a prohibition order is intended to -- ./Mr_Joshim_Nur__14239_-_SoS_decision.pdf-I have considered whether allowing for no review period reflects the seriousness of the ./Mr_Joshim_Nur__14239_-_SoS_decision.pdf-findings and is a proportionate period to achieve the aim of maintaining public confidence ./Mr_Joshim_Nur__14239_-_SoS_decision.pdf-in the profession. In this case, there are factors that in my view mean that a two year ./Mr_Joshim_Nur__14239_-_SoS_decision.pdf-review period is not sufficient to achieve the aim of maintaining public confidence in the ./Mr_Joshim_Nur__14239_-_SoS_decision.pdf:profession. These elements are the serious nature of the sustained sexual activity and ./Mr_Joshim_Nur__14239_-_SoS_decision.pdf-the lack of insight. ./Mr_Joshim_Nur__14239_-_SoS_decision.pdf- ./Mr_Joshim_Nur__14239_-_SoS_decision.pdf-I consider therefore that allowing for no review period is required to satisfy the ./Mr_Joshim_Nur__14239_-_SoS_decision.pdf-maintenance of public confidence in the profession. ./Mr_Joshim_Nur__14239_-_SoS_decision.pdf- ./Mr_Joshim_Nur__14239_-_SoS_decision.pdf-This means that Mr Joshim Nur is prohibited from teaching indefinitely and cannot ./Mr_Joshim_Nur__14239_-_SoS_decision.pdf-teach in any school, sixth form college, relevant youth accommodation or ./Mr_Joshim_Nur__14239_-_SoS_decision.pdf-children’s home in England. Furthermore, in view of the seriousness of the allegations ./Mr_Joshim_Nur__14239_-_SoS_decision.pdf-found proved against him, I have decided that Mr Joshim Nur shall not be entitled to ./Mr_Joshim_Nur__14239_-_SoS_decision.pdf-apply for restoration of his eligibility to teach. ./Mr_Julian_Vilarrubi_Professional_conduct_panel_outcome.pdf- ./Mr_Julian_Vilarrubi_Professional_conduct_panel_outcome.pdf- (b) communicating with pupils via personal mobile phone, personal email ./Mr_Julian_Vilarrubi_Professional_conduct_panel_outcome.pdf- and/or on social media; ./Mr_Julian_Vilarrubi_Professional_conduct_panel_outcome.pdf- ./Mr_Julian_Vilarrubi_Professional_conduct_panel_outcome.pdf- (c) asking and/or arranging to meet with pupils outside of college hours; ./Mr_Julian_Vilarrubi_Professional_conduct_panel_outcome.pdf- ./Mr_Julian_Vilarrubi_Professional_conduct_panel_outcome.pdf- (d) visiting a pupil at their private accommodation outside of college hours; ./Mr_Julian_Vilarrubi_Professional_conduct_panel_outcome.pdf- ./Mr_Julian_Vilarrubi_Professional_conduct_panel_outcome.pdf- (e) taking photos of a pupil without their permission and sending these to them. ./Mr_Julian_Vilarrubi_Professional_conduct_panel_outcome.pdf- ./Mr_Julian_Vilarrubi_Professional_conduct_panel_outcome.pdf: 2. His behaviour as may be found proven at 1 above was sexually motivated. ./Mr_Julian_Vilarrubi_Professional_conduct_panel_outcome.pdf- ./Mr_Julian_Vilarrubi_Professional_conduct_panel_outcome.pdf-Mr Vilarrubi admitted the facts of allegations 1(b) to 1(e) and that his actions amounted to ./Mr_Julian_Vilarrubi_Professional_conduct_panel_outcome.pdf-a failure to maintain professional boundaries with one or more pupils. ./Mr_Julian_Vilarrubi_Professional_conduct_panel_outcome.pdf- ./Mr_Julian_Vilarrubi_Professional_conduct_panel_outcome.pdf-Allegations 1(a) and 2 were denied. ./Mr_Julian_Vilarrubi_Professional_conduct_panel_outcome.pdf- ./Mr_Julian_Vilarrubi_Professional_conduct_panel_outcome.pdf-In relation to the admitted allegations, Mr Vilarrubi neither admitted nor denied that his ./Mr_Julian_Vilarrubi_Professional_conduct_panel_outcome.pdf-actions amounted to unacceptable professional conduct or conduct that may bring the ./Mr_Julian_Vilarrubi_Professional_conduct_panel_outcome.pdf-profession into disrepute. His position was, in summary, that this was a matter for the ./Mr_Julian_Vilarrubi_Professional_conduct_panel_outcome.pdf-judgment of the panel. -- ./Mr_Julian_Vilarrubi_Professional_conduct_panel_outcome.pdf-answer in relation to allegation 2 ./Mr_Julian_Vilarrubi_Professional_conduct_panel_outcome.pdf- ./Mr_Julian_Vilarrubi_Professional_conduct_panel_outcome.pdf-The panel considered a submission on behalf of Mr Vilarrubi, at the conclusion of the ./Mr_Julian_Vilarrubi_Professional_conduct_panel_outcome.pdf-TRA's case, that there was no case to answer in relation to allegation 2, as set out in the ./Mr_Julian_Vilarrubi_Professional_conduct_panel_outcome.pdf-notice of proceedings. ./Mr_Julian_Vilarrubi_Professional_conduct_panel_outcome.pdf- ./Mr_Julian_Vilarrubi_Professional_conduct_panel_outcome.pdf-The panel had careful regard to the submissions from the parties and it accepted the ./Mr_Julian_Vilarrubi_Professional_conduct_panel_outcome.pdf-legal advice provided. ./Mr_Julian_Vilarrubi_Professional_conduct_panel_outcome.pdf- ./Mr_Julian_Vilarrubi_Professional_conduct_panel_outcome.pdf-It was confirmed by the presenting officer that allegation 2 was, now, limited to Pupil A. It ./Mr_Julian_Vilarrubi_Professional_conduct_panel_outcome.pdf:was originally also alleged that Mr Vilarrubi's conduct was sexually motivated in relation ./Mr_Julian_Vilarrubi_Professional_conduct_panel_outcome.pdf-to Pupil B. That was no longer maintained. ./Mr_Julian_Vilarrubi_Professional_conduct_panel_outcome.pdf- ./Mr_Julian_Vilarrubi_Professional_conduct_panel_outcome.pdf-However, the TRA continued to allege that, with reference to Pupil A, Mr Vilarrubi's ./Mr_Julian_Vilarrubi_Professional_conduct_panel_outcome.pdf:conduct, in relation to allegations 1(b) to 1(e) was sexually motivated. ./Mr_Julian_Vilarrubi_Professional_conduct_panel_outcome.pdf- ./Mr_Julian_Vilarrubi_Professional_conduct_panel_outcome.pdf-Having heard evidence from Pupil A in particular, it was submitted on behalf of Mr ./Mr_Julian_Vilarrubi_Professional_conduct_panel_outcome.pdf-Vilarrubi that there was no evidence before the panel indicating that Mr Vilarrubi was ./Mr_Julian_Vilarrubi_Professional_conduct_panel_outcome.pdf:sexually motivated. ./Mr_Julian_Vilarrubi_Professional_conduct_panel_outcome.pdf- ./Mr_Julian_Vilarrubi_Professional_conduct_panel_outcome.pdf-Reliance was placed, in particular, upon Pupil A's age and circumstances at the time and ./Mr_Julian_Vilarrubi_Professional_conduct_panel_outcome.pdf-the evidence Pupil A gave about her view of her relationship with Mr Vilarrubi. Reference ./Mr_Julian_Vilarrubi_Professional_conduct_panel_outcome.pdf-was also made to the evidence Pupil B gave about her knowledge of Pupil A at the time. ./Mr_Julian_Vilarrubi_Professional_conduct_panel_outcome.pdf- ./Mr_Julian_Vilarrubi_Professional_conduct_panel_outcome.pdf-The application was opposed by the TRA. ./Mr_Julian_Vilarrubi_Professional_conduct_panel_outcome.pdf- ./Mr_Julian_Vilarrubi_Professional_conduct_panel_outcome.pdf-It was submitted, in summary, that there was evidence to support the proposition that Mr ./Mr_Julian_Vilarrubi_Professional_conduct_panel_outcome.pdf-Vilarrubi was seeking to pursue a relationship of some form with Pupil A. It was ./Mr_Julian_Vilarrubi_Professional_conduct_panel_outcome.pdf-suggested that there was evidence of a development in terms of his actions towards her. ./Mr_Julian_Vilarrubi_Professional_conduct_panel_outcome.pdf- ./Mr_Julian_Vilarrubi_Professional_conduct_panel_outcome.pdf-It was therefore asserted that there was sufficient evidence before the panel to enable an ./Mr_Julian_Vilarrubi_Professional_conduct_panel_outcome.pdf:inference to be drawn that Mr Vilarrubi's motives were improper and sexually motivated. ./Mr_Julian_Vilarrubi_Professional_conduct_panel_outcome.pdf- ./Mr_Julian_Vilarrubi_Professional_conduct_panel_outcome.pdf-Having carefully considered the parties' submissions and the evidence before it, the ./Mr_Julian_Vilarrubi_Professional_conduct_panel_outcome.pdf-panel considered that there was some relevant evidence in support of allegation 2. ./Mr_Julian_Vilarrubi_Professional_conduct_panel_outcome.pdf- ./Mr_Julian_Vilarrubi_Professional_conduct_panel_outcome.pdf-Whilst the panel had not yet made findings of fact in relation to allegations 1(b) to 1(e) ./Mr_Julian_Vilarrubi_Professional_conduct_panel_outcome.pdf-these allegations were admitted by Mr Vilarrubi. ./Mr_Julian_Vilarrubi_Professional_conduct_panel_outcome.pdf- ./Mr_Julian_Vilarrubi_Professional_conduct_panel_outcome.pdf-The panel was also presented, for example, with documentary evidence in the form of ./Mr_Julian_Vilarrubi_Professional_conduct_panel_outcome.pdf-the messages sent by Mr Vilarrubi to Pupil A. ./Mr_Julian_Vilarrubi_Professional_conduct_panel_outcome.pdf- ./Mr_Julian_Vilarrubi_Professional_conduct_panel_outcome.pdf-However, the panel concluded that insofar as it was alleged that Mr Vilarrubi's conduct ./Mr_Julian_Vilarrubi_Professional_conduct_panel_outcome.pdf:was sexually motivated, this evidence was unsatisfactory in nature. ./Mr_Julian_Vilarrubi_Professional_conduct_panel_outcome.pdf- ./Mr_Julian_Vilarrubi_Professional_conduct_panel_outcome.pdf- ./Mr_Julian_Vilarrubi_Professional_conduct_panel_outcome.pdf- 5 ./Mr_Julian_Vilarrubi_Professional_conduct_panel_outcome.pdf- -- ./Mr_Julian_Vilarrubi_Professional_conduct_panel_outcome.pdf-In arriving at that conclusion, the panel took account of the fact that Pupil A did not ./Mr_Julian_Vilarrubi_Professional_conduct_panel_outcome.pdf:expressly assert that she considered Mr Vilarrubi had a sexual interest in her. In large ./Mr_Julian_Vilarrubi_Professional_conduct_panel_outcome.pdf-part, her concerns about the dynamics of the relationship arose with the benefit of ./Mr_Julian_Vilarrubi_Professional_conduct_panel_outcome.pdf:hindsight. There was nothing explicitly sexual or suggestive during the course of the ./Mr_Julian_Vilarrubi_Professional_conduct_panel_outcome.pdf-dealings between Mr Vilarrubi and Pupil A. In short, the evidence before the panel was ./Mr_Julian_Vilarrubi_Professional_conduct_panel_outcome.pdf:tenuous and inherently weak insofar as it was suggested that Mr Vilarrubi was sexually ./Mr_Julian_Vilarrubi_Professional_conduct_panel_outcome.pdf-motivated towards Pupil A. ./Mr_Julian_Vilarrubi_Professional_conduct_panel_outcome.pdf- ./Mr_Julian_Vilarrubi_Professional_conduct_panel_outcome.pdf-The panel accordingly concluded that there was no case to answer in relation to ./Mr_Julian_Vilarrubi_Professional_conduct_panel_outcome.pdf:allegation 2. There was no satisfactory evidence that Mr Vilarrubi's actions were sexually ./Mr_Julian_Vilarrubi_Professional_conduct_panel_outcome.pdf-motivated. The limited evidence that was relied upon to support that conclusion was ./Mr_Julian_Vilarrubi_Professional_conduct_panel_outcome.pdf-tenuous and not probative. As such, taking the evidence at its highest, the panel could ./Mr_Julian_Vilarrubi_Professional_conduct_panel_outcome.pdf-not find the allegation proved. ./Mr_Julian_Vilarrubi_Professional_conduct_panel_outcome.pdf- ./Mr_Julian_Vilarrubi_Professional_conduct_panel_outcome.pdf- ./Mr_Julian_Vilarrubi_Professional_conduct_panel_outcome.pdf-Summary of evidence ./Mr_Julian_Vilarrubi_Professional_conduct_panel_outcome.pdf-Documents ./Mr_Julian_Vilarrubi_Professional_conduct_panel_outcome.pdf- ./Mr_Julian_Vilarrubi_Professional_conduct_panel_outcome.pdf-In advance of the hearing, the panel received a bundle of documents, which included: ./Mr_Julian_Vilarrubi_Professional_conduct_panel_outcome.pdf- -- ./Mr_Julian_Vilarrubi_Professional_conduct_panel_outcome.pdf- ./Mr_Julian_Vilarrubi_Professional_conduct_panel_outcome.pdf-The panel heard oral evidence from the following witnesses called by the TRA: ./Mr_Julian_Vilarrubi_Professional_conduct_panel_outcome.pdf- ./Mr_Julian_Vilarrubi_Professional_conduct_panel_outcome.pdf- • Pupil A; and ./Mr_Julian_Vilarrubi_Professional_conduct_panel_outcome.pdf- ./Mr_Julian_Vilarrubi_Professional_conduct_panel_outcome.pdf- • Pupil B. ./Mr_Julian_Vilarrubi_Professional_conduct_panel_outcome.pdf- ./Mr_Julian_Vilarrubi_Professional_conduct_panel_outcome.pdf- • Witness C [REDACTED] ./Mr_Julian_Vilarrubi_Professional_conduct_panel_outcome.pdf- ./Mr_Julian_Vilarrubi_Professional_conduct_panel_outcome.pdf-Pupil A and Pupil B were former pupils at Bellerbys College. They were the alleged ./Mr_Julian_Vilarrubi_Professional_conduct_panel_outcome.pdf:victims of sexually motivated conduct on the part of Mr Vilarrubi. For that reason, and the ./Mr_Julian_Vilarrubi_Professional_conduct_panel_outcome.pdf- ./Mr_Julian_Vilarrubi_Professional_conduct_panel_outcome.pdf- 6 ./Mr_Julian_Vilarrubi_Professional_conduct_panel_outcome.pdf- -- ./Mr_Julian_Vilarrubi_Professional_conduct_panel_outcome.pdf-The panel therefore found allegation 1(e) proved. ./Mr_Julian_Vilarrubi_Professional_conduct_panel_outcome.pdf- ./Mr_Julian_Vilarrubi_Professional_conduct_panel_outcome.pdf: 2. Your behaviour as may be found proven at 1 above was sexually motivated ./Mr_Julian_Vilarrubi_Professional_conduct_panel_outcome.pdf- ./Mr_Julian_Vilarrubi_Professional_conduct_panel_outcome.pdf-In accordance with the panel's decision in response to the half-time submission made on ./Mr_Julian_Vilarrubi_Professional_conduct_panel_outcome.pdf-behalf of Mr Vilarrubi, there was no case to answer in relation to this allegation. ./Mr_Julian_Vilarrubi_Professional_conduct_panel_outcome.pdf- ./Mr_Julian_Vilarrubi_Professional_conduct_panel_outcome.pdf-Findings as to unacceptable professional conduct and/or conduct that ./Mr_Julian_Vilarrubi_Professional_conduct_panel_outcome.pdf-may bring the profession into disrepute ./Mr_Julian_Vilarrubi_Professional_conduct_panel_outcome.pdf- ./Mr_Julian_Vilarrubi_Professional_conduct_panel_outcome.pdf-Having found allegations 1(b) to (e) proved, the panel went on to consider whether the ./Mr_Julian_Vilarrubi_Professional_conduct_panel_outcome.pdf-facts of those allegations amounted to unacceptable professional conduct and/or conduct ./Mr_Julian_Vilarrubi_Professional_conduct_panel_outcome.pdf-that may bring the profession into disrepute. -- ./Mr_Julian_Vilarrubi_Professional_conduct_panel_outcome.pdf- • The panel was presented with various, positive references about Mr Vilarrubi, ./Mr_Julian_Vilarrubi_Professional_conduct_panel_outcome.pdf- which it carefully considered. ./Mr_Julian_Vilarrubi_Professional_conduct_panel_outcome.pdf- ./Mr_Julian_Vilarrubi_Professional_conduct_panel_outcome.pdf- • Mr Vilarrubi had shown some insight into his actions. For example, there was ./Mr_Julian_Vilarrubi_Professional_conduct_panel_outcome.pdf- some reference to what lessons he had learnt and what he would do differently. ./Mr_Julian_Vilarrubi_Professional_conduct_panel_outcome.pdf- However, his insight was, in the panel's view, incomplete. There was also very ./Mr_Julian_Vilarrubi_Professional_conduct_panel_outcome.pdf- limited evidence of regret and remorse in relation to the implications of his actions ./Mr_Julian_Vilarrubi_Professional_conduct_panel_outcome.pdf- in terms of the pupils affected, which was regrettable. ./Mr_Julian_Vilarrubi_Professional_conduct_panel_outcome.pdf- ./Mr_Julian_Vilarrubi_Professional_conduct_panel_outcome.pdf- • Although Mr Vilarrubi's actions were a breach of professional boundaries, his ./Mr_Julian_Vilarrubi_Professional_conduct_panel_outcome.pdf: conduct was not sexually motivated. ./Mr_Julian_Vilarrubi_Professional_conduct_panel_outcome.pdf- ./Mr_Julian_Vilarrubi_Professional_conduct_panel_outcome.pdf-Weighed against this, the aggravating features in this case were that: ./Mr_Julian_Vilarrubi_Professional_conduct_panel_outcome.pdf- ./Mr_Julian_Vilarrubi_Professional_conduct_panel_outcome.pdf- • Mr Vilarrubi's actions were deliberate and there was a development in terms of his ./Mr_Julian_Vilarrubi_Professional_conduct_panel_outcome.pdf- conduct. This was not a one-off, isolated episode. He was not acting under ./Mr_Julian_Vilarrubi_Professional_conduct_panel_outcome.pdf- duress. ./Mr_Julian_Vilarrubi_Professional_conduct_panel_outcome.pdf- ./Mr_Julian_Vilarrubi_Professional_conduct_panel_outcome.pdf- • Given he was an experienced teacher who had received appropriate training, Mr ./Mr_Julian_Vilarrubi_Professional_conduct_panel_outcome.pdf- Vilarrubi should have known what was required of him in terms of his duties and ./Mr_Julian_Vilarrubi_Professional_conduct_panel_outcome.pdf- responsibilities. ./Mr_Laurence_Paul__15383_-_S_of_S_decision_for_web.pdf-B. Allegations ./Mr_Laurence_Paul__15383_-_S_of_S_decision_for_web.pdf-The panel considered the allegations set out in the Notice of Proceedings dated 18 ./Mr_Laurence_Paul__15383_-_S_of_S_decision_for_web.pdf-January 2017. ./Mr_Laurence_Paul__15383_-_S_of_S_decision_for_web.pdf- ./Mr_Laurence_Paul__15383_-_S_of_S_decision_for_web.pdf-It was alleged that Mr Paul was guilty of unacceptable professional conduct and/or ./Mr_Laurence_Paul__15383_-_S_of_S_decision_for_web.pdf-conduct that may bring the profession into disrepute in that: ./Mr_Laurence_Paul__15383_-_S_of_S_decision_for_web.pdf- ./Mr_Laurence_Paul__15383_-_S_of_S_decision_for_web.pdf- 1. In relation to Pupil A between December 2015 and March 2016 he: ./Mr_Laurence_Paul__15383_-_S_of_S_decision_for_web.pdf- ./Mr_Laurence_Paul__15383_-_S_of_S_decision_for_web.pdf- a. Exchanged inappropriate messages via email/social media including ./Mr_Laurence_Paul__15383_-_S_of_S_decision_for_web.pdf: messages which were flirtatious and / or sexually suggestive ./Mr_Laurence_Paul__15383_-_S_of_S_decision_for_web.pdf- ./Mr_Laurence_Paul__15383_-_S_of_S_decision_for_web.pdf- b. Some of the messages he exchanged (referred to in paragraph 1a above) ./Mr_Laurence_Paul__15383_-_S_of_S_decision_for_web.pdf- were sent late in the evening / at night ./Mr_Laurence_Paul__15383_-_S_of_S_decision_for_web.pdf- ./Mr_Laurence_Paul__15383_-_S_of_S_decision_for_web.pdf- c. He failed to take appropriate action when he knew or ought to have known ./Mr_Laurence_Paul__15383_-_S_of_S_decision_for_web.pdf- that Pupil A had developed feelings towards him ./Mr_Laurence_Paul__15383_-_S_of_S_decision_for_web.pdf- ./Mr_Laurence_Paul__15383_-_S_of_S_decision_for_web.pdf- d. Asked Pupil A to delete messages exchanged between them ./Mr_Laurence_Paul__15383_-_S_of_S_decision_for_web.pdf- ./Mr_Laurence_Paul__15383_-_S_of_S_decision_for_web.pdf: 2. His actions set out at paragraph 1a and/or 1b and/or 1c above were sexually ./Mr_Laurence_Paul__15383_-_S_of_S_decision_for_web.pdf- motivated ./Mr_Laurence_Paul__15383_-_S_of_S_decision_for_web.pdf- ./Mr_Laurence_Paul__15383_-_S_of_S_decision_for_web.pdf-At the beginning of the proceedings, Mr Paul admitted allegations 1.a. (to the extent that ./Mr_Laurence_Paul__15383_-_S_of_S_decision_for_web.pdf-the only messages were by email) and 1.b. The remainder of the allegations were ./Mr_Laurence_Paul__15383_-_S_of_S_decision_for_web.pdf-denied. ./Mr_Laurence_Paul__15383_-_S_of_S_decision_for_web.pdf- ./Mr_Laurence_Paul__15383_-_S_of_S_decision_for_web.pdf-Mr Paul also admitted that the facts behind 1.a. and 1.b. amounted to unacceptable ./Mr_Laurence_Paul__15383_-_S_of_S_decision_for_web.pdf-professional conduct and/or conduct that may bring the profession into disrepute. ./Mr_Laurence_Paul__15383_-_S_of_S_decision_for_web.pdf- ./Mr_Laurence_Paul__15383_-_S_of_S_decision_for_web.pdf- -- ./Mr_Laurence_Paul__15383_-_S_of_S_decision_for_web.pdf- ./Mr_Laurence_Paul__15383_-_S_of_S_decision_for_web.pdf-Findings of fact ./Mr_Laurence_Paul__15383_-_S_of_S_decision_for_web.pdf-Our findings of fact are as follows: ./Mr_Laurence_Paul__15383_-_S_of_S_decision_for_web.pdf- ./Mr_Laurence_Paul__15383_-_S_of_S_decision_for_web.pdf-The panel has found the following particulars of the allegations against you proven, for ./Mr_Laurence_Paul__15383_-_S_of_S_decision_for_web.pdf-these reasons: ./Mr_Laurence_Paul__15383_-_S_of_S_decision_for_web.pdf- ./Mr_Laurence_Paul__15383_-_S_of_S_decision_for_web.pdf-1. In relation to Pupil A between December 2015 and March 2016: ./Mr_Laurence_Paul__15383_-_S_of_S_decision_for_web.pdf- ./Mr_Laurence_Paul__15383_-_S_of_S_decision_for_web.pdf-a. you exchanged inappropriate messages via email/social media including ./Mr_Laurence_Paul__15383_-_S_of_S_decision_for_web.pdf:messages which were flirtatious and / or sexually suggestive ./Mr_Laurence_Paul__15383_-_S_of_S_decision_for_web.pdf- ./Mr_Laurence_Paul__15383_-_S_of_S_decision_for_web.pdf-The allegation has been admitted and therefore, is found proved to the extent of the ./Mr_Laurence_Paul__15383_-_S_of_S_decision_for_web.pdf-emails. ./Mr_Laurence_Paul__15383_-_S_of_S_decision_for_web.pdf- ./Mr_Laurence_Paul__15383_-_S_of_S_decision_for_web.pdf-b. Some of the messages you exchanged (referred to in paragraph 1a above) were ./Mr_Laurence_Paul__15383_-_S_of_S_decision_for_web.pdf-sent late in the evening / at night ./Mr_Laurence_Paul__15383_-_S_of_S_decision_for_web.pdf- ./Mr_Laurence_Paul__15383_-_S_of_S_decision_for_web.pdf-The allegation has been admitted and therefore, is found proved. ./Mr_Laurence_Paul__15383_-_S_of_S_decision_for_web.pdf- ./Mr_Laurence_Paul__15383_-_S_of_S_decision_for_web.pdf-d. you asked Pupil A to delete messages exchanged between you -- ./Mr_Laurence_Paul__15383_-_S_of_S_decision_for_web.pdf-demonstrate that he did actually know. ./Mr_Laurence_Paul__15383_-_S_of_S_decision_for_web.pdf- ./Mr_Laurence_Paul__15383_-_S_of_S_decision_for_web.pdf-In general terminology, the panel determined that 'ought to have known' indicates a lack ./Mr_Laurence_Paul__15383_-_S_of_S_decision_for_web.pdf-of knowledge of a situation. Therefore, in this case, whilst the panel has found proved ./Mr_Laurence_Paul__15383_-_S_of_S_decision_for_web.pdf-that Mr Paul ought to have known Pupil A had feelings for him, he cannot act on ./Mr_Laurence_Paul__15383_-_S_of_S_decision_for_web.pdf-knowledge he does not have. ./Mr_Laurence_Paul__15383_-_S_of_S_decision_for_web.pdf- ./Mr_Laurence_Paul__15383_-_S_of_S_decision_for_web.pdf-The panel has found he did not know and cannot be criticised for failing to take ./Mr_Laurence_Paul__15383_-_S_of_S_decision_for_web.pdf-appropriate action on a matter that he knew nothing about. ./Mr_Laurence_Paul__15383_-_S_of_S_decision_for_web.pdf- ./Mr_Laurence_Paul__15383_-_S_of_S_decision_for_web.pdf:2. Your actions set out at paragraph 1.a. and/or 1.b. and/or 1.c. above were sexually ./Mr_Laurence_Paul__15383_-_S_of_S_decision_for_web.pdf-motivated ./Mr_Laurence_Paul__15383_-_S_of_S_decision_for_web.pdf- ./Mr_Laurence_Paul__15383_-_S_of_S_decision_for_web.pdf-On the basis of charge 1.c. not being proved, the panel limited their deliberations to 1.a. ./Mr_Laurence_Paul__15383_-_S_of_S_decision_for_web.pdf-and 1.b. ./Mr_Laurence_Paul__15383_-_S_of_S_decision_for_web.pdf- ./Mr_Laurence_Paul__15383_-_S_of_S_decision_for_web.pdf-The panel carefully considered the evidence from Mr Paul and the documentary evidence ./Mr_Laurence_Paul__15383_-_S_of_S_decision_for_web.pdf:of the emails. The panel noted that Pupil A considered the emails to be sexual. However, ./Mr_Laurence_Paul__15383_-_S_of_S_decision_for_web.pdf-the panel focussed on Mr Paul's motivation rather than interpretation. ./Mr_Laurence_Paul__15383_-_S_of_S_decision_for_web.pdf- ./Mr_Laurence_Paul__15383_-_S_of_S_decision_for_web.pdf:Mr Paul explained that whilst there was sexual terminology within the body of the emails, ./Mr_Laurence_Paul__15383_-_S_of_S_decision_for_web.pdf-this was solely relating to the content of the poems on the school curriculum, parts of ./Mr_Laurence_Paul__15383_-_S_of_S_decision_for_web.pdf:which were sexual or referred to matters of sex. ./Mr_Laurence_Paul__15383_-_S_of_S_decision_for_web.pdf- ./Mr_Laurence_Paul__15383_-_S_of_S_decision_for_web.pdf-The familiarity that he expressed within the emails was an attempt to be friendly to Pupil ./Mr_Laurence_Paul__15383_-_S_of_S_decision_for_web.pdf-A and to be liked. Mr Paul accepted that he was careless in the use of his language, ./Mr_Laurence_Paul__15383_-_S_of_S_decision_for_web.pdf-which left them open to a different interpretation to the one he meant, but there was no ./Mr_Laurence_Paul__15383_-_S_of_S_decision_for_web.pdf:sexual motivation behind the emails. ./Mr_Laurence_Paul__15383_-_S_of_S_decision_for_web.pdf- ./Mr_Laurence_Paul__15383_-_S_of_S_decision_for_web.pdf-Mr Paul accepted that emails were sent late at night and that this was inappropriate. ./Mr_Laurence_Paul__15383_-_S_of_S_decision_for_web.pdf-However, he did not realise the time when these were being sent and, in his first working ./Mr_Laurence_Paul__15383_-_S_of_S_decision_for_web.pdf-year, he was dedicated to his career and worked late. ./Mr_Laurence_Paul__15383_-_S_of_S_decision_for_web.pdf- ./Mr_Laurence_Paul__15383_-_S_of_S_decision_for_web.pdf-The panel were concerned as to some of the words used by Mr Paul in the emails, ./Mr_Laurence_Paul__15383_-_S_of_S_decision_for_web.pdf:specifically 'hard', 'climax', 'come/came', and 'bribes', which could be seen in a sexual ./Mr_Laurence_Paul__15383_-_S_of_S_decision_for_web.pdf:context and sexually motivated. However, the panel also noted that all the emails were ./Mr_Laurence_Paul__15383_-_S_of_S_decision_for_web.pdf-sent on the school's email server, which would be open to discovery. ./Mr_Laurence_Paul__15383_-_S_of_S_decision_for_web.pdf- ./Mr_Laurence_Paul__15383_-_S_of_S_decision_for_web.pdf-The emails showed that there was a clear familiarity between Mr Paul and Pupil A, a ./Mr_Laurence_Paul__15383_-_S_of_S_decision_for_web.pdf-familiarity that was inappropriate. The language was careless and suggested an element ./Mr_Laurence_Paul__15383_-_S_of_S_decision_for_web.pdf-of innuendo. ./Mr_Laurence_Paul__15383_-_S_of_S_decision_for_web.pdf- ./Mr_Laurence_Paul__15383_-_S_of_S_decision_for_web.pdf- ./Mr_Laurence_Paul__15383_-_S_of_S_decision_for_web.pdf- ./Mr_Laurence_Paul__15383_-_S_of_S_decision_for_web.pdf- ./Mr_Laurence_Paul__15383_-_S_of_S_decision_for_web.pdf- 8 -- ./Mr_Laurence_Paul__15383_-_S_of_S_decision_for_web.pdf-However, in the circumstances, whilst the panel was uncomfortable about the language ./Mr_Laurence_Paul__15383_-_S_of_S_decision_for_web.pdf-and tone of some of the emails, the differing plausible interpretations created ambiguity. ./Mr_Laurence_Paul__15383_-_S_of_S_decision_for_web.pdf- ./Mr_Laurence_Paul__15383_-_S_of_S_decision_for_web.pdf-The panel did not find the National College had, therefore, proved their case to the ./Mr_Laurence_Paul__15383_-_S_of_S_decision_for_web.pdf-necessary standard for such a serious allegation in respect of 1.a. ./Mr_Laurence_Paul__15383_-_S_of_S_decision_for_web.pdf- ./Mr_Laurence_Paul__15383_-_S_of_S_decision_for_web.pdf-In respect of 1.b., whilst the panel agreed with the National College that the timings of the ./Mr_Laurence_Paul__15383_-_S_of_S_decision_for_web.pdf-emails were suspicious, it does not follow that emails sent late at night, even to a pupil, ./Mr_Laurence_Paul__15383_-_S_of_S_decision_for_web.pdf:are necessarily sexually motivated. ./Mr_Laurence_Paul__15383_-_S_of_S_decision_for_web.pdf- ./Mr_Laurence_Paul__15383_-_S_of_S_decision_for_web.pdf-On this basis, the panel has found allegation 2 not proved. ./Mr_Laurence_Paul__15383_-_S_of_S_decision_for_web.pdf- ./Mr_Laurence_Paul__15383_-_S_of_S_decision_for_web.pdf- ./Mr_Laurence_Paul__15383_-_S_of_S_decision_for_web.pdf-Findings as to unacceptable professional conduct and/or conduct that ./Mr_Laurence_Paul__15383_-_S_of_S_decision_for_web.pdf-may bring the profession into disrepute ./Mr_Laurence_Paul__15383_-_S_of_S_decision_for_web.pdf-Having found a number of the allegations to have been proven, the panel has gone on to ./Mr_Laurence_Paul__15383_-_S_of_S_decision_for_web.pdf-consider whether the facts of those proven allegations amount to unacceptable ./Mr_Laurence_Paul__15383_-_S_of_S_decision_for_web.pdf-professional conduct and/or conduct that may bring the profession into disrepute. ./Mr_Laurence_Paul__15383_-_S_of_S_decision_for_web.pdf- ./Mr_Luke_Snoswsell.pdf- ./Mr_Luke_Snoswsell.pdf- 1. Whilst employed as a teacher at the Fair Ways School in Hampshire from January ./Mr_Luke_Snoswsell.pdf- 2015 to March 2018 he engaged in inappropriate behaviour towards one or more ./Mr_Luke_Snoswsell.pdf- of his female colleagues, including: ./Mr_Luke_Snoswsell.pdf- ./Mr_Luke_Snoswsell.pdf- a. Individual A in or around June 2016, in that he: ./Mr_Luke_Snoswsell.pdf- ./Mr_Luke_Snoswsell.pdf- i. grabbed Individual A’s waist and/or pulled Individual A towards ./Mr_Luke_Snoswsell.pdf- himself ./Mr_Luke_Snoswsell.pdf- ./Mr_Luke_Snoswsell.pdf: ii. discussed sexual intercourse and/or indicated that he wanted to ./Mr_Luke_Snoswsell.pdf: have sexual intercourse with Individual A ./Mr_Luke_Snoswsell.pdf- ./Mr_Luke_Snoswsell.pdf- iii. made comments regarding Individual A’s appearance ./Mr_Luke_Snoswsell.pdf- ./Mr_Luke_Snoswsell.pdf- iv. told Individual A to bend over and/or suggested that he wanted to ./Mr_Luke_Snoswsell.pdf- “break her in half” or used words to that effect ./Mr_Luke_Snoswsell.pdf- ./Mr_Luke_Snoswsell.pdf- b. Individual B in or around June 2016, by commenting, “I could have bent you ./Mr_Luke_Snoswsell.pdf- over and fucked you up the arse” or used words to that effect ./Mr_Luke_Snoswsell.pdf- ./Mr_Luke_Snoswsell.pdf- c. Individual C via WhatsApp in or around November 2016, specifically by ./Mr_Luke_Snoswsell.pdf- sending one or more messages commenting: ./Mr_Luke_Snoswsell.pdf- ./Mr_Luke_Snoswsell.pdf- i. “Think i just need to really get laid lol Tinder not doing me any ./Mr_Luke_Snoswsell.pdf- favours” or using words to that effect ./Mr_Luke_Snoswsell.pdf- ./Mr_Luke_Snoswsell.pdf- ii. “Wana get drunk with me and break some bed strings sometime” or ./Mr_Luke_Snoswsell.pdf- using words to that effect ./Mr_Luke_Snoswsell.pdf- ./Mr_Luke_Snoswsell.pdf- 2. His conduct as may be found proven at allegation 1 included: ./Mr_Luke_Snoswsell.pdf- ./Mr_Luke_Snoswsell.pdf: a. unwanted physical and/or sexual contact with one or more of his female ./Mr_Luke_Snoswsell.pdf- colleagues ./Mr_Luke_Snoswsell.pdf- ./Mr_Luke_Snoswsell.pdf: b. sexual harassment of one or more of his female colleagues ./Mr_Luke_Snoswsell.pdf- ./Mr_Luke_Snoswsell.pdf: c. conduct that was of a sexual nature and/or was sexually motivated ./Mr_Luke_Snoswsell.pdf- ./Mr_Luke_Snoswsell.pdf- 4 ./Mr_Luke_Snoswsell.pdf- -- ./Mr_Luke_Snoswsell.pdf- was dishonest ./Mr_Luke_Snoswsell.pdf- ./Mr_Luke_Snoswsell.pdf-5. Whilst employed as the Head of Physics at the Wellington Academy in Wiltshire, ./Mr_Luke_Snoswsell.pdf- from April 2018 to July 2018, he made one or more inappropriate comments ./Mr_Luke_Snoswsell.pdf- and/or actions, towards and/or in the presence of students, in the course of a ./Mr_Luke_Snoswsell.pdf- lesson on or around 23 May 2018, in particular: ./Mr_Luke_Snoswsell.pdf- ./Mr_Luke_Snoswsell.pdf- a. stating Pupil J was “assuming the position” or using words to that effect ./Mr_Luke_Snoswsell.pdf- when Pupil J was leant forward over a table ./Mr_Luke_Snoswsell.pdf- ./Mr_Luke_Snoswsell.pdf: b. thrusting to simulate sexual activity with Pupil J ./Mr_Luke_Snoswsell.pdf- ./Mr_Luke_Snoswsell.pdf- c. stating “I like my coffee like I like my men” or words to that effect ./Mr_Luke_Snoswsell.pdf- ./Mr_Luke_Snoswsell.pdf: d. implying that he had a sexual preference for “black” men ./Mr_Luke_Snoswsell.pdf- ./Mr_Luke_Snoswsell.pdf: e. encouraging and/or suggesting that Pupil K should engage in sexual activity ./Mr_Luke_Snoswsell.pdf- with another pupil ./Mr_Luke_Snoswsell.pdf- ./Mr_Luke_Snoswsell.pdf- f. discussing the loss of virginity and/or referring to losing virginity by placing ./Mr_Luke_Snoswsell.pdf- his finger in his mouth to make a popping sound ./Mr_Luke_Snoswsell.pdf- ./Mr_Luke_Snoswsell.pdf- g. commenting on Pupil J and Pupil H’s relationship ./Mr_Luke_Snoswsell.pdf- ./Mr_Luke_Snoswsell.pdf- h. using the phrase “up the bum” or words to that effect ./Mr_Luke_Snoswsell.pdf- ./Mr_Luke_Snoswsell.pdf- i. hugging one or more pupils -- ./Mr_Luke_Snoswsell.pdf- 6. His behaviour as may be found proven at allegation 5 above was conduct of a ./Mr_Luke_Snoswsell.pdf: sexual nature and/or was sexually motivated ./Mr_Luke_Snoswsell.pdf- ./Mr_Luke_Snoswsell.pdf-The teacher admitted allegations 1.b., 1.c., 2.b., 2.c., 5.c., and 5.d. The teacher admitted ./Mr_Luke_Snoswsell.pdf-that the admitted allegations amounted to unacceptable professional conduct and ./Mr_Luke_Snoswsell.pdf-conduct that may bring the profession into disrepute. ./Mr_Luke_Snoswsell.pdf- ./Mr_Luke_Snoswsell.pdf-The teacher denied the remaining allegations. ./Mr_Luke_Snoswsell.pdf- ./Mr_Luke_Snoswsell.pdf- ./Mr_Luke_Snoswsell.pdf-C. Preliminary applications ./Mr_Luke_Snoswsell.pdf-Proceeding in absence -- ./Mr_Luke_Snoswsell.pdf-The panel heard oral evidence from Individual A from Fair Ways School and Pupil J, ./Mr_Luke_Snoswsell.pdf-Pupil H and the Director of Science from the Wellington Academy in Wiltshire, called by ./Mr_Luke_Snoswsell.pdf-the presenting officer. ./Mr_Luke_Snoswsell.pdf- ./Mr_Luke_Snoswsell.pdf- ./Mr_Luke_Snoswsell.pdf-E. Decision and reasons ./Mr_Luke_Snoswsell.pdf-The panel carefully considered the case before it and reached a decision. ./Mr_Luke_Snoswsell.pdf- ./Mr_Luke_Snoswsell.pdf-Mr Snoswell was employed at the Fair Ways School in January 2015 as a science ./Mr_Luke_Snoswsell.pdf-teacher. It is alleged that on a night out with colleagues, Mr Snoswell made inappropriate ./Mr_Luke_Snoswsell.pdf:sexual comments to two female members of staff. On a separate occasion, it is alleged ./Mr_Luke_Snoswsell.pdf-that he sent inappropriate text messages to another female member of staff. It is further ./Mr_Luke_Snoswsell.pdf:alleged that these comments were of a sexual nature or were sexually motivated. ./Mr_Luke_Snoswsell.pdf- ./Mr_Luke_Snoswsell.pdf-Following an investigation into these allegations, Mr Snoswell was ultimately dismissed ./Mr_Luke_Snoswsell.pdf-by the Fair Ways School. ./Mr_Luke_Snoswsell.pdf- ./Mr_Luke_Snoswsell.pdf-During the Fair Ways School’s investigation and subsequent disciplinary procedure which ./Mr_Luke_Snoswsell.pdf-resulted in Mr Snoswell’s dismissal, Mr Snoswell applied for, and was successful in being ./Mr_Luke_Snoswsell.pdf-appointed to, the role of Head of Physics at Wellington Academy in Wiltshire. It is alleged ./Mr_Luke_Snoswsell.pdf-that Mr Snoswell was dishonest in his disclosure to the school about the nature of his ./Mr_Luke_Snoswsell.pdf-dismissal. ./Mr_Luke_Snoswsell.pdf- ./Mr_Luke_Snoswsell.pdf-When teaching a class at the Wellington Academy in Wiltshire, it is alleged that Mr ./Mr_Luke_Snoswsell.pdf-Snoswell made a series of inappropriate comments. It is alleged that these comments ./Mr_Luke_Snoswsell.pdf:were of a sexual nature or sexually motivated. ./Mr_Luke_Snoswsell.pdf- ./Mr_Luke_Snoswsell.pdf-Findings of fact ./Mr_Luke_Snoswsell.pdf- ./Mr_Luke_Snoswsell.pdf-The findings of fact are as follows: ./Mr_Luke_Snoswsell.pdf- ./Mr_Luke_Snoswsell.pdf- ./Mr_Luke_Snoswsell.pdf- ./Mr_Luke_Snoswsell.pdf- 9 ./Mr_Luke_Snoswsell.pdf- -- ./Mr_Luke_Snoswsell.pdf- ./Mr_Luke_Snoswsell.pdf- 1. Whilst employed as a teacher at the Fair Ways School in Hampshire from ./Mr_Luke_Snoswsell.pdf- January 2015 to March 2018 you engaged in inappropriate behaviour ./Mr_Luke_Snoswsell.pdf- towards one or more of your female colleagues, including: ./Mr_Luke_Snoswsell.pdf- ./Mr_Luke_Snoswsell.pdf- a. Individual A in or around June 2016, in that you: ./Mr_Luke_Snoswsell.pdf- ./Mr_Luke_Snoswsell.pdf- i. grabbed Individual A’s waist and/or pulled Individual A towards ./Mr_Luke_Snoswsell.pdf- you ./Mr_Luke_Snoswsell.pdf- ./Mr_Luke_Snoswsell.pdf: ii. discussed sexual intercourse and/or indicated that you wanted ./Mr_Luke_Snoswsell.pdf: to have sexual intercourse with Individual A ./Mr_Luke_Snoswsell.pdf- ./Mr_Luke_Snoswsell.pdf- iii. made comments regarding Individual A’s appearance ./Mr_Luke_Snoswsell.pdf- ./Mr_Luke_Snoswsell.pdf- iv. told Individual A to bend over and/or suggested that you wanted ./Mr_Luke_Snoswsell.pdf- to “break her in half” or used words to that effect ./Mr_Luke_Snoswsell.pdf- ./Mr_Luke_Snoswsell.pdf-The panel heard oral evidence by video from Individual A, in addition to considering the ./Mr_Luke_Snoswsell.pdf-written statement of Individual A dated 21 January 2019 and the notes of her interview ./Mr_Luke_Snoswsell.pdf-with Fair Ways School during their investigation into these allegations. ./Mr_Luke_Snoswsell.pdf- -- ./Mr_Luke_Snoswsell.pdf-Individual A gave oral evidence that she had planned to go out for drinks after work with ./Mr_Luke_Snoswsell.pdf-some work colleagues in approximately June 2016. After returning home to get ready for ./Mr_Luke_Snoswsell.pdf-the evening out, she met a female colleague and they went to meet the rest of the work ./Mr_Luke_Snoswsell.pdf-group at a bar. ./Mr_Luke_Snoswsell.pdf- ./Mr_Luke_Snoswsell.pdf-Approximately 45 minutes after she arrived, Individual A stated that Mr Snoswell ./Mr_Luke_Snoswsell.pdf-approached her and said, “you look hot”. Individual A stated that she felt uncomfortable ./Mr_Luke_Snoswsell.pdf-about this comment. ./Mr_Luke_Snoswsell.pdf- ./Mr_Luke_Snoswsell.pdf-Individual A went on to confirm that during the course of the evening, Mr Snoswell made ./Mr_Luke_Snoswsell.pdf:increasingly sexualised and graphic comments towards her and that at one point, he ./Mr_Luke_Snoswsell.pdf-grabbed her waist. Individual A stated that she tried to avoid Mr Snoswell for the ./Mr_Luke_Snoswsell.pdf-remainder of the evening, confiding in two work colleagues about the comments and ./Mr_Luke_Snoswsell.pdf-actions that evening in order to enlist their assistance in avoiding him. ./Mr_Luke_Snoswsell.pdf- ./Mr_Luke_Snoswsell.pdf-The panel carefully considered the written evidence of the two teachers that Individual A ./Mr_Luke_Snoswsell.pdf-confided in during the course of the evening out. The panel noted that neither teacher ./Mr_Luke_Snoswsell.pdf- ./Mr_Luke_Snoswsell.pdf- ./Mr_Luke_Snoswsell.pdf- ./Mr_Luke_Snoswsell.pdf- 10 -- ./Mr_Luke_Snoswsell.pdf-The panel did not find Mr Snoswell’s version of events credible and there was no ./Mr_Luke_Snoswsell.pdf-evidence to support his assertion that his colleagues had colluded. ./Mr_Luke_Snoswsell.pdf- ./Mr_Luke_Snoswsell.pdf-The panel found this allegation proven on the balance of probabilities. ./Mr_Luke_Snoswsell.pdf- ./Mr_Luke_Snoswsell.pdf- b. Individual B in or around June 2016, by commenting, “I could have ./Mr_Luke_Snoswsell.pdf- bent you over and fucked you up the arse” or used words to that ./Mr_Luke_Snoswsell.pdf- effect; ./Mr_Luke_Snoswsell.pdf- ./Mr_Luke_Snoswsell.pdf-Mr Snoswell admitted this allegation in his statement dated 10 April 2018, stating that it ./Mr_Luke_Snoswsell.pdf:was part of a ‘larger conversation that was had with [Individual B] where sexualised and ./Mr_Luke_Snoswsell.pdf- ./Mr_Luke_Snoswsell.pdf- ./Mr_Luke_Snoswsell.pdf- ./Mr_Luke_Snoswsell.pdf- 11 ./Mr_Luke_Snoswsell.pdf- -- ./Mr_Luke_Snoswsell.pdf-Individual C stated in her written evidence that ‘the messages that [she] received from Mr ./Mr_Luke_Snoswsell.pdf-Snoswell made [her] feel very awkward.’ ./Mr_Luke_Snoswsell.pdf- ./Mr_Luke_Snoswsell.pdf-The panel had regard to a screenshot of the messages which confirmed the statements ./Mr_Luke_Snoswsell.pdf-had been sent by Mr Snoswell to Individual C. ./Mr_Luke_Snoswsell.pdf- ./Mr_Luke_Snoswsell.pdf-The panel found this allegation proven on the balance of probabilities. ./Mr_Luke_Snoswsell.pdf- ./Mr_Luke_Snoswsell.pdf- 2. Your conduct as may be found proven at allegation 1 included: ./Mr_Luke_Snoswsell.pdf- ./Mr_Luke_Snoswsell.pdf: a. unwanted physical and/or sexual contact with one or more of your ./Mr_Luke_Snoswsell.pdf- female colleagues ./Mr_Luke_Snoswsell.pdf- ./Mr_Luke_Snoswsell.pdf-Mr Snoswell denied this allegation. ./Mr_Luke_Snoswsell.pdf- ./Mr_Luke_Snoswsell.pdf- ./Mr_Luke_Snoswsell.pdf- 12 ./Mr_Luke_Snoswsell.pdf- -- ./Mr_Luke_Snoswsell.pdf-The panel carefully considered the facts of each of allegations 1.a., 1.b., and 1.c. and ./Mr_Luke_Snoswsell.pdf-noted that unwanted physical contact was only relevant to allegation 1.a. ./Mr_Luke_Snoswsell.pdf- ./Mr_Luke_Snoswsell.pdf-The panel carefully considered the evidence of Individual A who confirmed that the action ./Mr_Luke_Snoswsell.pdf-by Mr Snoswell was unwanted. The panel found Individual A to be a credible and reliable ./Mr_Luke_Snoswsell.pdf-witness. ./Mr_Luke_Snoswsell.pdf- ./Mr_Luke_Snoswsell.pdf-The panel found, in respect of allegation 1.a., this allegation proven. ./Mr_Luke_Snoswsell.pdf- ./Mr_Luke_Snoswsell.pdf: b. sexual harassment of one or more of your female colleagues ./Mr_Luke_Snoswsell.pdf- ./Mr_Luke_Snoswsell.pdf-Mr Snoswell admitted this allegation in respect of allegations 1.b. and 1.c. ./Mr_Luke_Snoswsell.pdf- ./Mr_Luke_Snoswsell.pdf-In respect of his comments to Individual B, Mr Snoswell stated, “This was commonplace ./Mr_Luke_Snoswsell.pdf:for us at the time we were friends and part of a larger friendship group where sexualised ./Mr_Luke_Snoswsell.pdf-joking was commonplace and accepted.” ./Mr_Luke_Snoswsell.pdf- ./Mr_Luke_Snoswsell.pdf:The panel noted that there was evidence of inappropriate sexual ‘banter’ in the school ./Mr_Luke_Snoswsell.pdf-amongst the teachers, as identified by the independent investigator during their ./Mr_Luke_Snoswsell.pdf-investigation on behalf of Fair Ways School. ./Mr_Luke_Snoswsell.pdf- ./Mr_Luke_Snoswsell.pdf-However, even taking into account the culture which was present in the school at that ./Mr_Luke_Snoswsell.pdf-time, the panel considered that Mr Snoswell crossed professional boundaries. ./Mr_Luke_Snoswsell.pdf- ./Mr_Luke_Snoswsell.pdf:The panel accepted the evidence of Individual A that the sexual comments and actions ./Mr_Luke_Snoswsell.pdf-made her feel very distressed and uncomfortable. The panel also had regard to the ./Mr_Luke_Snoswsell.pdf:written evidence of Individuals B and C who both confirmed that the sexual comments ./Mr_Luke_Snoswsell.pdf-made towards them were inappropriate and unwanted. ./Mr_Luke_Snoswsell.pdf- ./Mr_Luke_Snoswsell.pdf-The panel found this allegation proven in respect of allegations 1.a., 1.b., and 1.c. ./Mr_Luke_Snoswsell.pdf- ./Mr_Luke_Snoswsell.pdf: c. conduct that was of a sexual nature and/or was sexually motivated ./Mr_Luke_Snoswsell.pdf- ./Mr_Luke_Snoswsell.pdf-Mr Snoswell admitted this allegation in respect of allegations 1.b. and 1.c. ./Mr_Luke_Snoswsell.pdf- ./Mr_Luke_Snoswsell.pdf-As with all findings of fact, the panel considered this question applying the balance of ./Mr_Luke_Snoswsell.pdf-probabilities. The panel considered whether on the balance of probabilities reasonable ./Mr_Luke_Snoswsell.pdf:persons would think the words and actions found proven could be sexual. The panel then ./Mr_Luke_Snoswsell.pdf-considered whether, in all the circumstances of the conduct in the case, it was more likely ./Mr_Luke_Snoswsell.pdf:than not that the teacher’s purpose of such words and actions was sexual. ./Mr_Luke_Snoswsell.pdf- ./Mr_Luke_Snoswsell.pdf:The panel considered whether, even in the absence of any direct evidence, sexual ./Mr_Luke_Snoswsell.pdf-motivation should be inferred from all the circumstances of the case. The panel had in ./Mr_Luke_Snoswsell.pdf-mind the evidence of the teacher’s character and considered whether such evidence had ./Mr_Luke_Snoswsell.pdf- ./Mr_Luke_Snoswsell.pdf- 13 ./Mr_Luke_Snoswsell.pdf- -- ./Mr_Luke_Snoswsell.pdf-any bearing on the teacher’s credibility or propensity to have carried out the alleged facts ./Mr_Luke_Snoswsell.pdf-or to the circumstances in which the teacher found himself. ./Mr_Luke_Snoswsell.pdf- ./Mr_Luke_Snoswsell.pdf-The panel carefully considered the evidence of Individuals A, B and C which all described ./Mr_Luke_Snoswsell.pdf:content of a sexual nature. ./Mr_Luke_Snoswsell.pdf- ./Mr_Luke_Snoswsell.pdf-The panel found that allegations 1.a., 1.b., and 1.c. were proven. The panel decided that ./Mr_Luke_Snoswsell.pdf:more likely than not, Mr Snoswell’s behaviour was sexually motivated and therefore on ./Mr_Luke_Snoswsell.pdf-the balance of probabilities, this was proven in relation to allegations 1.a, 1.b., and 1.c. ./Mr_Luke_Snoswsell.pdf- ./Mr_Luke_Snoswsell.pdf- 3. Whilst applying for the role of Head of Physics at the Wellington Academy in ./Mr_Luke_Snoswsell.pdf- Wiltshire you provided false and/or misleading information, including by: ./Mr_Luke_Snoswsell.pdf- ./Mr_Luke_Snoswsell.pdf- a. informing the Director of Science on or around 22 March 2018 that you ./Mr_Luke_Snoswsell.pdf- had been ‘fired’ from the Fair Ways School due to a single incident ./Mr_Luke_Snoswsell.pdf- and/or in respect of your behaviour towards a single individual ./Mr_Luke_Snoswsell.pdf- whereas in fact your dismissal had been in relation to multiple ./Mr_Luke_Snoswsell.pdf- incidents and/or in relation to multiple individuals -- ./Mr_Luke_Snoswsell.pdf-The panel accepted the evidence of Pupil J that Mr Snoswell said, “assuming the ./Mr_Luke_Snoswsell.pdf-position” which Pupil J characterised as making him feel shocked, as he ‘did not expect a ./Mr_Luke_Snoswsell.pdf:teacher to talk about sexual instances.’ ./Mr_Luke_Snoswsell.pdf- ./Mr_Luke_Snoswsell.pdf-The panel found Pupil J to be mature, articulate, credible and reliable. This was ./Mr_Luke_Snoswsell.pdf-supported by the evidence of the Director of Science, who provided a similar view of his ./Mr_Luke_Snoswsell.pdf-character and probity. ./Mr_Luke_Snoswsell.pdf- ./Mr_Luke_Snoswsell.pdf-The panel placed less weight on the evidence of Mr Snoswell, who stated that he had to ./Mr_Luke_Snoswsell.pdf-speak to Pupil J because Pupil J was in his way as Mr Snoswell walked around the ./Mr_Luke_Snoswsell.pdf-classroom. Mr Snoswell went on to state that ‘[Pupil J] became very embarrassed by this, ./Mr_Luke_Snoswsell.pdf-immediately told all of his friends who became hostile towards me and at this point it ./Mr_Luke_Snoswsell.pdf-became clear I had made enemies. I believe this explains how this group have now made -- ./Mr_Luke_Snoswsell.pdf-during one lesson. This lesson took place immediately prior to a public examination, and ./Mr_Luke_Snoswsell.pdf-the pupils provided their evidence to the school later that day. There was therefore ./Mr_Luke_Snoswsell.pdf-limited time for such collusion to take place. ./Mr_Luke_Snoswsell.pdf- ./Mr_Luke_Snoswsell.pdf-Additionally, the panel heard evidence from the Director of Science, and Pupils J and H ./Mr_Luke_Snoswsell.pdf-that, aside from these comments, Mr Snoswell was liked and was an ‘energetic and ./Mr_Luke_Snoswsell.pdf-entertaining’ teacher. ./Mr_Luke_Snoswsell.pdf- ./Mr_Luke_Snoswsell.pdf-The panel found this allegation proven on the balance of probabilities. ./Mr_Luke_Snoswsell.pdf- ./Mr_Luke_Snoswsell.pdf: b. thrusting to simulate sexual activity with Pupil J ./Mr_Luke_Snoswsell.pdf- ./Mr_Luke_Snoswsell.pdf-Mr Snoswell denied this allegation. ./Mr_Luke_Snoswsell.pdf- ./Mr_Luke_Snoswsell.pdf-The panel heard oral evidence from Pupil H that Mr Snoswell stood behind Pupil J and ./Mr_Luke_Snoswsell.pdf-made thrusting motions. Pupil H was clear in her recollection of this incident. ./Mr_Luke_Snoswsell.pdf- ./Mr_Luke_Snoswsell.pdf-The panel further heard from Pupil J, who confirmed he had not seen Mr Snoswell behind ./Mr_Luke_Snoswsell.pdf-him, but had been informed of the incident afterwards. ./Mr_Luke_Snoswsell.pdf- ./Mr_Luke_Snoswsell.pdf-The panel preferred the evidence of Pupil H. The panel found this allegation proven on ./Mr_Luke_Snoswsell.pdf-the balance of probabilities. ./Mr_Luke_Snoswsell.pdf- ./Mr_Luke_Snoswsell.pdf- c. stating “I like my coffee like I like my men” or words to that effect ./Mr_Luke_Snoswsell.pdf- ./Mr_Luke_Snoswsell.pdf: d. implying that you had a sexual preference for “black” men ./Mr_Luke_Snoswsell.pdf- ./Mr_Luke_Snoswsell.pdf- ./Mr_Luke_Snoswsell.pdf- ./Mr_Luke_Snoswsell.pdf- 16 ./Mr_Luke_Snoswsell.pdf- -- ./Mr_Luke_Snoswsell.pdf-Mr Snoswell admitted these allegations. The panel noted that there was one instance in ./Mr_Luke_Snoswsell.pdf-which Mr Snoswell made the comment, and this was directly linked to the implication that ./Mr_Luke_Snoswsell.pdf:he had a sexual preference for black men. ./Mr_Luke_Snoswsell.pdf- ./Mr_Luke_Snoswsell.pdf-The panel had regard to the evidence of Mr Snoswell that he ‘made a similar comment to ./Mr_Luke_Snoswsell.pdf-this but not the one stated… The group of friends had become harsh and hostile and ./Mr_Luke_Snoswsell.pdf-started accusing me of being harsh and inappropriate to the student in question and I ./Mr_Luke_Snoswsell.pdf-snapped back with a comment that I regret and would not say again, which I wholly ./Mr_Luke_Snoswsell.pdf-apologise for.’ ./Mr_Luke_Snoswsell.pdf- ./Mr_Luke_Snoswsell.pdf-The panel found this allegation proven on the balance of probabilities. ./Mr_Luke_Snoswsell.pdf- ./Mr_Luke_Snoswsell.pdf: e. encouraging and/or suggesting that Pupil K should engage in sexual ./Mr_Luke_Snoswsell.pdf- activity with another pupil ./Mr_Luke_Snoswsell.pdf- ./Mr_Luke_Snoswsell.pdf-Mr Snoswell denied this allegation and stated that ‘I made the complete opposite ./Mr_Luke_Snoswsell.pdf-comments to those I have been accused of’. ./Mr_Luke_Snoswsell.pdf- ./Mr_Luke_Snoswsell.pdf-The panel had regard to the evidence of Pupil H who was clear in her recollection that Mr ./Mr_Luke_Snoswsell.pdf-Snoswell said, “why don’t you just shag him and see what happens” or words to that ./Mr_Luke_Snoswsell.pdf-effect. ./Mr_Luke_Snoswsell.pdf- ./Mr_Luke_Snoswsell.pdf-The panel further noted the evidence of Pupil J who stated that Mr Snoswell said words -- ./Mr_Luke_Snoswsell.pdf-The panel further had regard to an email from Pupil K to the school in which she ./Mr_Luke_Snoswsell.pdf-confirmed that Mr Snoswell had said, “why don’t you just shag him and find out” during a ./Mr_Luke_Snoswsell.pdf-conversation about another pupil. ./Mr_Luke_Snoswsell.pdf- ./Mr_Luke_Snoswsell.pdf-The panel found this allegation proven on the balance of probabilities. ./Mr_Luke_Snoswsell.pdf- ./Mr_Luke_Snoswsell.pdf- f. discussing the loss of virginity and/or referring to losing virginity by ./Mr_Luke_Snoswsell.pdf- placing your finger in your mouth to make a popping sound ./Mr_Luke_Snoswsell.pdf- ./Mr_Luke_Snoswsell.pdf-Mr Snoswell denied this allegation stating that he ‘absolutely did not use sounds or ./Mr_Luke_Snoswsell.pdf:actions in a sexual way.’ ./Mr_Luke_Snoswsell.pdf- ./Mr_Luke_Snoswsell.pdf-The panel had regard to the evidence of Pupil J who stated that, “Mr Snoswell made a ./Mr_Luke_Snoswsell.pdf-tongue popping noise with his finger in his mouth” in the context of someone losing their ./Mr_Luke_Snoswsell.pdf-virginity. ./Mr_Luke_Snoswsell.pdf- ./Mr_Luke_Snoswsell.pdf- ./Mr_Luke_Snoswsell.pdf- ./Mr_Luke_Snoswsell.pdf- 17 ./Mr_Luke_Snoswsell.pdf- -- ./Mr_Luke_Snoswsell.pdf- 6. Your behaviour as may be found proven at allegation 5 above was conduct ./Mr_Luke_Snoswsell.pdf: of a sexual nature and/or was sexually motivated ./Mr_Luke_Snoswsell.pdf- ./Mr_Luke_Snoswsell.pdf-The panel carefully considered the words and actions found proven at allegation 5. The ./Mr_Luke_Snoswsell.pdf-panel noted that in respect of allegations 5.a., 5.b., 5.c., 5.d., 5.e., 5.f., 5.g., and 5.h., ./Mr_Luke_Snoswsell.pdf:these allegations were inherently of a sexual nature. ./Mr_Luke_Snoswsell.pdf- ./Mr_Luke_Snoswsell.pdf:The panel did not find that allegation 5.i. was sexual in nature. ./Mr_Luke_Snoswsell.pdf- ./Mr_Luke_Snoswsell.pdf:In respect of sexual motivation, the Panel considered this question applying the balance ./Mr_Luke_Snoswsell.pdf-of probabilities. The panel considered whether on the balance of probabilities reasonable ./Mr_Luke_Snoswsell.pdf:persons would think the words and actions found proven could be sexual. The panel then ./Mr_Luke_Snoswsell.pdf-considered whether, in all the circumstances of the conduct in the case, it was more likely ./Mr_Luke_Snoswsell.pdf:than not that the teacher’s purpose of such words and actions were sexual. ./Mr_Luke_Snoswsell.pdf- ./Mr_Luke_Snoswsell.pdf:The panel considered whether, even in the absence of any direct evidence, sexual ./Mr_Luke_Snoswsell.pdf-motivation should be inferred from all the circumstances of the case. The panel had in ./Mr_Luke_Snoswsell.pdf-mind the evidence of the teacher’s character and considered whether such evidence had ./Mr_Luke_Snoswsell.pdf-any bearing on the teacher’s credibility or propensity to have carried out the alleged facts ./Mr_Luke_Snoswsell.pdf-or to the circumstances in which the teacher found himself. ./Mr_Luke_Snoswsell.pdf- ./Mr_Luke_Snoswsell.pdf-In making its decision, the panel found that in respect of allegations 5.a., 5.b., 5.c., 5.d., ./Mr_Luke_Snoswsell.pdf:5.e., 5.f., 5.g., and 5.h., the words and actions were of a sexual nature and were totally ./Mr_Luke_Snoswsell.pdf-out of context in a physics revision class, immediately prior to a public examination. ./Mr_Luke_Snoswsell.pdf-However, whilst wholly inappropriate and misguided, the panel did not find that Mr ./Mr_Luke_Snoswsell.pdf:Snoswell’s actions were sexually motivated. ./Mr_Luke_Snoswsell.pdf- ./Mr_Luke_Snoswsell.pdf-The panel found the following allegations not proven: ./Mr_Luke_Snoswsell.pdf- ./Mr_Luke_Snoswsell.pdf- 5. Whilst employed as the Head of Physics at the Wellington Academy in ./Mr_Luke_Snoswsell.pdf- Wiltshire, from April 2018 to July 2018, you made one or more inappropriate ./Mr_Luke_Snoswsell.pdf- comments and/or actions, towards and/or in the presence of students, in the ./Mr_Luke_Snoswsell.pdf- course of a lesson on or around 23 May 2018, in particular: ./Mr_Luke_Snoswsell.pdf- ./Mr_Luke_Snoswsell.pdf- j. asking Pupil N to the school prom and/or offering to be her “prom ./Mr_Luke_Snoswsell.pdf- date” -- ./Mr_Luke_Snoswsell.pdf- • Teachers must have proper and professional regard for the ethos, policies and ./Mr_Luke_Snoswsell.pdf- practices of the school in which they teach ./Mr_Luke_Snoswsell.pdf- • Teachers must have an understanding of, and always act within, the statutory ./Mr_Luke_Snoswsell.pdf- frameworks which set out their professional duties and responsibilities ./Mr_Luke_Snoswsell.pdf-The panel was satisfied that the conduct of Mr Snoswell amounted to misconduct of a ./Mr_Luke_Snoswsell.pdf-serious nature which fell significantly short of the standards expected of the profession. ./Mr_Luke_Snoswsell.pdf- ./Mr_Luke_Snoswsell.pdf-The panel also considered whether Mr Snoswell’s conduct displayed behaviours ./Mr_Luke_Snoswsell.pdf-associated with any of the offences listed on pages 8 and 9 of the Advice. ./Mr_Luke_Snoswsell.pdf- ./Mr_Luke_Snoswsell.pdf:The panel found that the offences of serious dishonesty and sexual activity were ./Mr_Luke_Snoswsell.pdf-relevant. In one school, Mr Snoswell exhibited behaviour on more than one occasion that ./Mr_Luke_Snoswsell.pdf-did not recognise professional boundaries with colleagues. In the second school, Mr ./Mr_Luke_Snoswsell.pdf- ./Mr_Luke_Snoswsell.pdf- ./Mr_Luke_Snoswsell.pdf- 20 ./Mr_Luke_Snoswsell.pdf- -- ./Mr_Luke_Snoswsell.pdf-Snoswell sought to conceal his previous disciplinary action in order to obtain a new ./Mr_Luke_Snoswsell.pdf-teaching position. The panel also found proven a number of highly inappropriate ./Mr_Luke_Snoswsell.pdf:comments and gestures of a sexual nature made towards pupils during a physics ./Mr_Luke_Snoswsell.pdf-revision class. ./Mr_Luke_Snoswsell.pdf- ./Mr_Luke_Snoswsell.pdf-The Advice indicates that where behaviours associated with such offences exist, a panel ./Mr_Luke_Snoswsell.pdf-is likely to conclude that an individual’s conduct would amount to unacceptable ./Mr_Luke_Snoswsell.pdf-professional conduct. ./Mr_Luke_Snoswsell.pdf- ./Mr_Luke_Snoswsell.pdf-The panel noted that allegations 1.a. and 1.b. took place outside of the education setting ./Mr_Luke_Snoswsell.pdf-and occurred on a work night out with colleagues. The panel took into account that the ./Mr_Luke_Snoswsell.pdf-view expressed within the disciplinary investigation that the work night out was an ./Mr_Luke_Snoswsell.pdf-extension of the school day. The panel went on to place weight on the evidence of -- ./Mr_Luke_Snoswsell.pdf-orders should not be given in order to be punitive, or to show that blame has been ./Mr_Luke_Snoswsell.pdf-apportioned, although they are likely to have punitive effect. ./Mr_Luke_Snoswsell.pdf- ./Mr_Luke_Snoswsell.pdf-The panel had regard to the particular public interest considerations set out in the Advice ./Mr_Luke_Snoswsell.pdf-and, having done so, found a number of them to be relevant in this case, namely, the ./Mr_Luke_Snoswsell.pdf-protection of pupils, the protection of other members of the public, the maintenance of ./Mr_Luke_Snoswsell.pdf-public confidence in the profession and declaring and upholding proper standards of ./Mr_Luke_Snoswsell.pdf-conduct. The panel also considered whether there was an interest of retaining the ./Mr_Luke_Snoswsell.pdf-teacher in the profession. ./Mr_Luke_Snoswsell.pdf- ./Mr_Luke_Snoswsell.pdf:The panel’s findings against Mr Snoswell involved sexually motivated inappropriate ./Mr_Luke_Snoswsell.pdf-comments and conduct towards three colleagues, dishonesty and lack of integrity, and a ./Mr_Luke_Snoswsell.pdf-series of inappropriate comments and gestures made towards pupils. ./Mr_Luke_Snoswsell.pdf- ./Mr_Luke_Snoswsell.pdf-There was a strong public interest consideration in respect of the protection of pupils, ./Mr_Luke_Snoswsell.pdf-given the wholly inappropriate comments and gestures made to pupils whilst he was ./Mr_Luke_Snoswsell.pdf-leading a physics revision class. ./Mr_Luke_Snoswsell.pdf- ./Mr_Luke_Snoswsell.pdf-Similarly, the panel considered that public confidence in the profession would be ./Mr_Luke_Snoswsell.pdf-seriously weakened if conduct such as that found against Mr Snoswell was not treated ./Mr_Luke_Snoswsell.pdf-with the utmost seriousness when regulating the conduct of the profession. -- ./Mr_Luke_Snoswsell.pdf- • abuse of position or trust (particularly involving vulnerable pupils) or violation of the ./Mr_Luke_Snoswsell.pdf- rights of pupils ./Mr_Luke_Snoswsell.pdf- • dishonesty especially where there have been serious consequences, and/or it has ./Mr_Luke_Snoswsell.pdf- been repeated and/or covered up ./Mr_Luke_Snoswsell.pdf: • sexual misconduct, eg involving actions that were sexually motivated or of a ./Mr_Luke_Snoswsell.pdf: sexual nature and/or that use or exploit the trust, knowledge or influence derived ./Mr_Luke_Snoswsell.pdf- from the individual’s professional position ./Mr_Luke_Snoswsell.pdf-Even though some of the behaviour found proven in this case indicated that a prohibition ./Mr_Luke_Snoswsell.pdf-order would be appropriate, the panel went on to consider the mitigating factors. ./Mr_Luke_Snoswsell.pdf-Mitigating factors may indicate that a prohibition order would not be not appropriate or ./Mr_Luke_Snoswsell.pdf-proportionate. ./Mr_Luke_Snoswsell.pdf- ./Mr_Luke_Snoswsell.pdf-The panel accepted that the teacher had a previously good record. ./Mr_Luke_Snoswsell.pdf- ./Mr_Luke_Snoswsell.pdf-There was no evidence to suggest that the teacher was acting under duress, and in fact ./Mr_Luke_Snoswsell.pdf-the panel found the teacher’s actions to be deliberate. [REDACTED] -- ./Mr_Luke_Snoswsell.pdf-The Advice indicates that there are behaviours that, if proven, would militate against the ./Mr_Luke_Snoswsell.pdf-recommendation of a review period. These behaviours include serious dishonesty and ./Mr_Luke_Snoswsell.pdf:serious sexual misconduct. ./Mr_Luke_Snoswsell.pdf- ./Mr_Luke_Snoswsell.pdf-Whilst Mr Snoswell apologised for those words and actions that he admitted from the ./Mr_Luke_Snoswsell.pdf-outset of this hearing, the panel found that Mr Snoswell demonstrated extremely limited ./Mr_Luke_Snoswsell.pdf-insight into the impact of his actions on his colleagues and on his pupils. This was ./Mr_Luke_Snoswsell.pdf-despite having a number of opportunities in the previous three years to demonstrate ./Mr_Luke_Snoswsell.pdf-insight into his behaviour and show remorse for the impact of his actions on others. ./Mr_Luke_Snoswsell.pdf- ./Mr_Luke_Snoswsell.pdf-The panel decided that the findings indicated a situation in which a review period would ./Mr_Luke_Snoswsell.pdf-not be appropriate and, as such, decided that it would be proportionate, in all the ./Mr_Luke_Snoswsell.pdf-circumstances, for the prohibition order to be recommended without provision for a -- ./Mr_Luke_Snoswsell.pdf- practices of the school in which they teach ./Mr_Luke_Snoswsell.pdf- • Teachers must have an understanding of, and always act within, the statutory ./Mr_Luke_Snoswsell.pdf- frameworks which set out their professional duties and responsibilities ./Mr_Luke_Snoswsell.pdf-The panel was also satisfied that the conduct of Mr Snoswell, “amounted to misconduct ./Mr_Luke_Snoswsell.pdf-of a serious nature which fell significantly short of the standards expected of the ./Mr_Luke_Snoswsell.pdf-profession.” ./Mr_Luke_Snoswsell.pdf- ./Mr_Luke_Snoswsell.pdf-The panel also considered whether Mr Snoswell’s conduct displayed behaviours ./Mr_Luke_Snoswsell.pdf-associated with any of the offences listed on pages 8 and 9 of the Advice. ./Mr_Luke_Snoswsell.pdf- ./Mr_Luke_Snoswsell.pdf:The panel found, “that the offences of serious dishonesty and sexual activity were ./Mr_Luke_Snoswsell.pdf-relevant. In one school, Mr Snoswell exhibited behaviour on more than one occasion that ./Mr_Luke_Snoswsell.pdf-did not recognise professional boundaries with colleagues. In the second school, Mr ./Mr_Luke_Snoswsell.pdf-Snoswell sought to conceal his previous disciplinary action in order to obtain a new ./Mr_Luke_Snoswsell.pdf-teaching position. The panel also found proven a number of highly inappropriate ./Mr_Luke_Snoswsell.pdf:comments and gestures of a sexual nature made towards pupils during a physics ./Mr_Luke_Snoswsell.pdf-lesson”. ./Mr_Luke_Snoswsell.pdf- ./Mr_Luke_Snoswsell.pdf-The findings of misconduct are particularly serious as they include a finding of both ./Mr_Luke_Snoswsell.pdf:serious dishonesty and serious sexual misconduct. ./Mr_Luke_Snoswsell.pdf- ./Mr_Luke_Snoswsell.pdf-I have to determine whether the imposition of a prohibition order is proportionate and in ./Mr_Luke_Snoswsell.pdf-the public interest. In considering that for this case, I have considered the overall aim of a ./Mr_Luke_Snoswsell.pdf-prohibition order which is to protect pupils and to maintain public confidence in the ./Mr_Luke_Snoswsell.pdf-profession. I have considered the extent to which a prohibition order in this case would ./Mr_Luke_Snoswsell.pdf-achieve that aim taking into account the impact that it will have on the individual teacher. ./Mr_Luke_Snoswsell.pdf-I have also asked myself, whether a less intrusive measure, such as the published ./Mr_Luke_Snoswsell.pdf-finding of unacceptable professional conduct and conduct that may bring the profession ./Mr_Luke_Snoswsell.pdf-into disrepute, would itself be sufficient to achieve the overall aim. I have to consider ./Mr_Luke_Snoswsell.pdf-whether the consequences of such a publication are themselves sufficient. I have -- ./Mr_Luke_Snoswsell.pdf-three years to demonstrate insight into his behaviour and show remorse for the impact of ./Mr_Luke_Snoswsell.pdf-his actions on others.” In my judgement, the lack of insight means that there is some ./Mr_Luke_Snoswsell.pdf-risk of the repetition of this behaviour and this puts at risk the future well-being of pupils. I ./Mr_Luke_Snoswsell.pdf-have therefore given this element considerable weight in reaching my decision. ./Mr_Luke_Snoswsell.pdf- ./Mr_Luke_Snoswsell.pdf-I have gone on to consider the extent to which a prohibition order would maintain public ./Mr_Luke_Snoswsell.pdf-confidence in the profession. The panel observe, “The findings of misconduct were ./Mr_Luke_Snoswsell.pdf-serious and the conduct displayed would be likely to have a negative impact on the ./Mr_Luke_Snoswsell.pdf-individual’s status as a teacher, potentially damaging the public perception.” ./Mr_Luke_Snoswsell.pdf- ./Mr_Luke_Snoswsell.pdf:I am particularly mindful of the finding of serious dishonesty and serious sexual ./Mr_Luke_Snoswsell.pdf-misconduct in this case and the impact that such a finding has on the reputation of the ./Mr_Luke_Snoswsell.pdf-profession. ./Mr_Luke_Snoswsell.pdf- ./Mr_Luke_Snoswsell.pdf-I have had to consider that the public has a high expectation of professional standards of ./Mr_Luke_Snoswsell.pdf-all teachers and that the public might regard a failure to impose a prohibition order as a ./Mr_Luke_Snoswsell.pdf-failure to uphold those high standards. In weighing these considerations, I have had to ./Mr_Luke_Snoswsell.pdf-consider the matter from the point of view of an “ordinary intelligent and well-informed ./Mr_Luke_Snoswsell.pdf-citizen.” ./Mr_Luke_Snoswsell.pdf- ./Mr_Luke_Snoswsell.pdf-I have considered whether the publication of a finding of unacceptable professional ./Mr_Mark_Craster-_Chambers__Professional_conduct_panel_outcome.pdf- ./Mr_Mark_Craster-_Chambers__Professional_conduct_panel_outcome.pdf-Preliminary applications ./Mr_Mark_Craster-_Chambers__Professional_conduct_panel_outcome.pdf-Amending the allegations ./Mr_Mark_Craster-_Chambers__Professional_conduct_panel_outcome.pdf- ./Mr_Mark_Craster-_Chambers__Professional_conduct_panel_outcome.pdf-The panel noted within the papers that Mr Craster-Chambers was convicted of 2 offences ./Mr_Mark_Craster-_Chambers__Professional_conduct_panel_outcome.pdf-under the Sexual Offences Act 2000. This was also consistent with the dates of the ./Mr_Mark_Craster-_Chambers__Professional_conduct_panel_outcome.pdf-offences that the teacher was convicted of (namely post 2000, but prior to the 2003 Act). ./Mr_Mark_Craster-_Chambers__Professional_conduct_panel_outcome.pdf- ./Mr_Mark_Craster-_Chambers__Professional_conduct_panel_outcome.pdf-The allegations make reference to Part Two of the Sexual Offences Act 2003. Mr ./Mr_Mark_Craster-_Chambers__Professional_conduct_panel_outcome.pdf-Craster-Chambers was not convicted of any offences under the 2003 Act. Part 2 of the ./Mr_Mark_Craster-_Chambers__Professional_conduct_panel_outcome.pdf:2003 Act also relates to notification requirements under the 'sex offenders register' and ./Mr_Mark_Craster-_Chambers__Professional_conduct_panel_outcome.pdf:other orders, not substantive sexual offences. Whilst Mr Craster-Chambers was subject ./Mr_Mark_Craster-_Chambers__Professional_conduct_panel_outcome.pdf-to the provisions of Part 2, following his conviction, it was not correct to say that he had ./Mr_Mark_Craster-_Chambers__Professional_conduct_panel_outcome.pdf-been convicted of an offence under that Part. ./Mr_Mark_Craster-_Chambers__Professional_conduct_panel_outcome.pdf- ./Mr_Mark_Craster-_Chambers__Professional_conduct_panel_outcome.pdf-The panel therefore considered its powers under paragraph 4.56 of the Disciplinary ./Mr_Mark_Craster-_Chambers__Professional_conduct_panel_outcome.pdf-Procedures and whether the allegations should be amended to remove this error. ./Mr_Mark_Craster-_Chambers__Professional_conduct_panel_outcome.pdf- ./Mr_Mark_Craster-_Chambers__Professional_conduct_panel_outcome.pdf-The presenting officer invited the panel to make that amendment so that the error was ./Mr_Mark_Craster-_Chambers__Professional_conduct_panel_outcome.pdf-corrected. Mr Craster-Chambers did not oppose this course of action. The panel also ./Mr_Mark_Craster-_Chambers__Professional_conduct_panel_outcome.pdf-considered and followed the advice of the legal adviser. ./Mr_Mark_Craster-_Chambers__Professional_conduct_panel_outcome.pdf- -- ./Mr_Mark_Craster-_Chambers__Professional_conduct_panel_outcome.pdf-Decision and reasons ./Mr_Mark_Craster-_Chambers__Professional_conduct_panel_outcome.pdf-The panel announced its decision and reasons as follows: ./Mr_Mark_Craster-_Chambers__Professional_conduct_panel_outcome.pdf- ./Mr_Mark_Craster-_Chambers__Professional_conduct_panel_outcome.pdf-The panel carefully considered the case before it and reached a decision. ./Mr_Mark_Craster-_Chambers__Professional_conduct_panel_outcome.pdf- ./Mr_Mark_Craster-_Chambers__Professional_conduct_panel_outcome.pdf-Mr Craster-Chambers was employed as a teacher at John Ruskin School ("the School") ./Mr_Mark_Craster-_Chambers__Professional_conduct_panel_outcome.pdf-from September 2001 to August 2005. Following his departure from the School, Mr ./Mr_Mark_Craster-_Chambers__Professional_conduct_panel_outcome.pdf-Craster-Chambers went on to hold a number of other teaching posts. ./Mr_Mark_Craster-_Chambers__Professional_conduct_panel_outcome.pdf- ./Mr_Mark_Craster-_Chambers__Professional_conduct_panel_outcome.pdf-In 2017, a former pupil of the School made a complaint to the police that she had ./Mr_Mark_Craster-_Chambers__Professional_conduct_panel_outcome.pdf:engaged in sexual activity with Mr Craster-Chambers, when she was [redacted]. ./Mr_Mark_Craster-_Chambers__Professional_conduct_panel_outcome.pdf-Following a police investigation, Mr Craster-Chambers was charged with 2 offences of ./Mr_Mark_Craster-_Chambers__Professional_conduct_panel_outcome.pdf:engaging in sexual activity (other than sexual intercourse) with a person under 18 when ./Mr_Mark_Craster-_Chambers__Professional_conduct_panel_outcome.pdf-in a position of trust. ./Mr_Mark_Craster-_Chambers__Professional_conduct_panel_outcome.pdf- ./Mr_Mark_Craster-_Chambers__Professional_conduct_panel_outcome.pdf-Mr Craster-Chambers pleaded not guilty to the offences and was convicted after trial at ./Mr_Mark_Craster-_Chambers__Professional_conduct_panel_outcome.pdf-Carlisle Crown Court and received a prison sentence. ./Mr_Mark_Craster-_Chambers__Professional_conduct_panel_outcome.pdf- ./Mr_Mark_Craster-_Chambers__Professional_conduct_panel_outcome.pdf-During the course of the investigation, the police made a referral to the TRA. ./Mr_Mark_Craster-_Chambers__Professional_conduct_panel_outcome.pdf- ./Mr_Mark_Craster-_Chambers__Professional_conduct_panel_outcome.pdf-Findings of fact ./Mr_Mark_Craster-_Chambers__Professional_conduct_panel_outcome.pdf- ./Mr_Mark_Craster-_Chambers__Professional_conduct_panel_outcome.pdf-The findings of fact are as follows: -- ./Mr_Mark_Craster-_Chambers__Professional_conduct_panel_outcome.pdf-Before the panel was a certificate of conviction from Carlisle Crown Court dated 4 ./Mr_Mark_Craster-_Chambers__Professional_conduct_panel_outcome.pdf-February 2022 and signed by an officer of the Court. ./Mr_Mark_Craster-_Chambers__Professional_conduct_panel_outcome.pdf- ./Mr_Mark_Craster-_Chambers__Professional_conduct_panel_outcome.pdf-The details of the certificate set out Mr Craster-Chambers' name and date of birth and ./Mr_Mark_Craster-_Chambers__Professional_conduct_panel_outcome.pdf:that he had been convicted on 4 March 2021 of 2 offences of engaging in sexual activity ./Mr_Mark_Craster-_Chambers__Professional_conduct_panel_outcome.pdf-while in a position of trust. It further set out that on 16 April 2021 that Mr Craster- ./Mr_Mark_Craster-_Chambers__Professional_conduct_panel_outcome.pdf-Chambers was sentenced to a 6 and 18 month period of imprisonment, placed on the ./Mr_Mark_Craster-_Chambers__Professional_conduct_panel_outcome.pdf-Sexual Offenders Register for a period of 10 years and placed on the DBS Barring List. ./Mr_Mark_Craster-_Chambers__Professional_conduct_panel_outcome.pdf-The sentencing remarks of [redacted] showed the sentences were to run concurrently ./Mr_Mark_Craster-_Chambers__Professional_conduct_panel_outcome.pdf-with each other. ./Mr_Mark_Craster-_Chambers__Professional_conduct_panel_outcome.pdf- ./Mr_Mark_Craster-_Chambers__Professional_conduct_panel_outcome.pdf-Mr Craster-Chambers accepted that the details in the certificate were correct and that he ./Mr_Mark_Craster-_Chambers__Professional_conduct_panel_outcome.pdf-had been convicted of those offences and served the prison sentence. However, Mr ./Mr_Mark_Craster-_Chambers__Professional_conduct_panel_outcome.pdf-Craster-Chambers strenuously maintained his position that he was not guilty of ./Mr_Mark_Craster-_Chambers__Professional_conduct_panel_outcome.pdf-committing the offences. -- ./Mr_Mark_Craster-_Chambers__Professional_conduct_panel_outcome.pdf-working with children and working in an education setting, as the direct victim of Mr ./Mr_Mark_Craster-_Chambers__Professional_conduct_panel_outcome.pdf-Craster-Chambers' offending behaviour was a pupil that he taught. ./Mr_Mark_Craster-_Chambers__Professional_conduct_panel_outcome.pdf- ./Mr_Mark_Craster-_Chambers__Professional_conduct_panel_outcome.pdf-The panel took into account the sentencing remarks of [redacted] where he stated: ./Mr_Mark_Craster-_Chambers__Professional_conduct_panel_outcome.pdf- ./Mr_Mark_Craster-_Chambers__Professional_conduct_panel_outcome.pdf- "You knew that she was vulnerable. You knew that because of information that ./Mr_Mark_Craster-_Chambers__Professional_conduct_panel_outcome.pdf- was shared with you in a professional capacity. You knew that because you were ./Mr_Mark_Craster-_Chambers__Professional_conduct_panel_outcome.pdf- a daily visitor at her home. You sat at the same table as her, listening to the stories ./Mr_Mark_Craster-_Chambers__Professional_conduct_panel_outcome.pdf- of the day. You were a friend to [Pupil A's carer] who, at the time of your offending, ./Mr_Mark_Craster-_Chambers__Professional_conduct_panel_outcome.pdf- was, to use a phrase of which you were so fond yourself, in loco parentis for [Pupil ./Mr_Mark_Craster-_Chambers__Professional_conduct_panel_outcome.pdf: A]. That you engaged in sexual activity with [Pupil A], a pupil who you knew to be ./Mr_Mark_Craster-_Chambers__Professional_conduct_panel_outcome.pdf- vulnerable, was a gross breach of trust." ./Mr_Mark_Craster-_Chambers__Professional_conduct_panel_outcome.pdf- ./Mr_Mark_Craster-_Chambers__Professional_conduct_panel_outcome.pdf-The panel also took account of the way the teaching profession is viewed by others. The ./Mr_Mark_Craster-_Chambers__Professional_conduct_panel_outcome.pdf-panel considered that Mr Craster-Chambers' behaviour in committing the offences could ./Mr_Mark_Craster-_Chambers__Professional_conduct_panel_outcome.pdf-affect public confidence in the teaching profession, given the influence that teachers may ./Mr_Mark_Craster-_Chambers__Professional_conduct_panel_outcome.pdf-have on pupils, parents and others in the community. ./Mr_Mark_Craster-_Chambers__Professional_conduct_panel_outcome.pdf- ./Mr_Mark_Craster-_Chambers__Professional_conduct_panel_outcome.pdf- ./Mr_Mark_Craster-_Chambers__Professional_conduct_panel_outcome.pdf- ./Mr_Mark_Craster-_Chambers__Professional_conduct_panel_outcome.pdf- 8 -- ./Mr_Mark_Craster-_Chambers__Professional_conduct_panel_outcome.pdf-The panel noted that Mr Craster-Chambers' conviction ultimately led to a sentence of ./Mr_Mark_Craster-_Chambers__Professional_conduct_panel_outcome.pdf-imprisonment, which was indicative of the seriousness of the offences committed. ./Mr_Mark_Craster-_Chambers__Professional_conduct_panel_outcome.pdf- ./Mr_Mark_Craster-_Chambers__Professional_conduct_panel_outcome.pdf:This was a case concerning an offence involving 'sexual activity', which the Advice states ./Mr_Mark_Craster-_Chambers__Professional_conduct_panel_outcome.pdf-is likely to be considered a relevant offence. ./Mr_Mark_Craster-_Chambers__Professional_conduct_panel_outcome.pdf- ./Mr_Mark_Craster-_Chambers__Professional_conduct_panel_outcome.pdf-Mr Craster-Chambers accepted that if he was actually guilty of committing these ./Mr_Mark_Craster-_Chambers__Professional_conduct_panel_outcome.pdf-offences, they would amount to a relevant conviction. ./Mr_Mark_Craster-_Chambers__Professional_conduct_panel_outcome.pdf- ./Mr_Mark_Craster-_Chambers__Professional_conduct_panel_outcome.pdf-The panel therefore found that the seriousness of the offending behaviour that led to the ./Mr_Mark_Craster-_Chambers__Professional_conduct_panel_outcome.pdf-conviction was relevant to Mr Craster-Chambers' ongoing suitability to teach. The panel ./Mr_Mark_Craster-_Chambers__Professional_conduct_panel_outcome.pdf-considered that a finding that this conviction was a relevant offence was necessary to ./Mr_Mark_Craster-_Chambers__Professional_conduct_panel_outcome.pdf-reaffirm clear standards of conduct so as to maintain public confidence in the teaching ./Mr_Mark_Craster-_Chambers__Professional_conduct_panel_outcome.pdf-profession. -- ./Mr_Mark_Craster-_Chambers__Professional_conduct_panel_outcome.pdf-tend to suggest they are incompatible with being a teacher. The panel also considered ./Mr_Mark_Craster-_Chambers__Professional_conduct_panel_outcome.pdf-Mr Craster-Chambers' actions were at the more serious end of the spectrum of those ./Mr_Mark_Craster-_Chambers__Professional_conduct_panel_outcome.pdf-factors. The panel found the following factors of relevance: ./Mr_Mark_Craster-_Chambers__Professional_conduct_panel_outcome.pdf- ./Mr_Mark_Craster-_Chambers__Professional_conduct_panel_outcome.pdf-  the commission of a serious criminal offence, including those that resulted in a ./Mr_Mark_Craster-_Chambers__Professional_conduct_panel_outcome.pdf- conviction or caution, paying particular attention to offences that are ‘relevant ./Mr_Mark_Craster-_Chambers__Professional_conduct_panel_outcome.pdf- matters’ for the purposes of the Police Act 1997 and criminal record disclosures; ./Mr_Mark_Craster-_Chambers__Professional_conduct_panel_outcome.pdf- ./Mr_Mark_Craster-_Chambers__Professional_conduct_panel_outcome.pdf-  abuse of position or trust (particularly involving pupils); ./Mr_Mark_Craster-_Chambers__Professional_conduct_panel_outcome.pdf- ./Mr_Mark_Craster-_Chambers__Professional_conduct_panel_outcome.pdf:  sexual misconduct, e.g. involving actions that were sexually motivated or of a ./Mr_Mark_Craster-_Chambers__Professional_conduct_panel_outcome.pdf: sexual nature ./Mr_Mark_Craster-_Chambers__Professional_conduct_panel_outcome.pdf- ./Mr_Mark_Craster-_Chambers__Professional_conduct_panel_outcome.pdf-There was no evidence that Mr Craster-Chambers' actions were not deliberate. There ./Mr_Mark_Craster-_Chambers__Professional_conduct_panel_outcome.pdf-was no evidence to suggest that Mr Craster-Chambers was acting under duress. ./Mr_Mark_Craster-_Chambers__Professional_conduct_panel_outcome.pdf- ./Mr_Mark_Craster-_Chambers__Professional_conduct_panel_outcome.pdf-The panel took into consideration character references provided by Mr Craster-Chambers ./Mr_Mark_Craster-_Chambers__Professional_conduct_panel_outcome.pdf-who spoke of his contribution to education in the community. ./Mr_Mark_Craster-_Chambers__Professional_conduct_panel_outcome.pdf- ./Mr_Mark_Craster-_Chambers__Professional_conduct_panel_outcome.pdf-There was a character reference from a local faith leader who remarked: ./Mr_Mark_Craster-_Chambers__Professional_conduct_panel_outcome.pdf- ./Mr_Mark_Craster-_Chambers__Professional_conduct_panel_outcome.pdf- "Mark is indeed a force for good and has a strong faith in the heroes of humanity -- ./Mr_Mark_Craster-_Chambers__Professional_conduct_panel_outcome.pdf-The panel was of the view that, applying the standard of the ordinary intelligent citizen, it ./Mr_Mark_Craster-_Chambers__Professional_conduct_panel_outcome.pdf-would not be a proportionate and appropriate response to recommend no prohibition ./Mr_Mark_Craster-_Chambers__Professional_conduct_panel_outcome.pdf-order. Recommending that the publication of adverse findings would be sufficient would ./Mr_Mark_Craster-_Chambers__Professional_conduct_panel_outcome.pdf-unacceptably compromise the public interest considerations present in this case, despite ./Mr_Mark_Craster-_Chambers__Professional_conduct_panel_outcome.pdf-the severity of the consequences for Mr Craster-Chambers of prohibition. ./Mr_Mark_Craster-_Chambers__Professional_conduct_panel_outcome.pdf- ./Mr_Mark_Craster-_Chambers__Professional_conduct_panel_outcome.pdf-The panel was of the view that prohibition is both proportionate and appropriate. The ./Mr_Mark_Craster-_Chambers__Professional_conduct_panel_outcome.pdf-panel decided that the public interest considerations of maintaining and declaring the ./Mr_Mark_Craster-_Chambers__Professional_conduct_panel_outcome.pdf-standards of the profession significantly outweighed the interests of retaining Mr Craster- ./Mr_Mark_Craster-_Chambers__Professional_conduct_panel_outcome.pdf-Chambers in the profession. Mr Craster-Chambers conviction was at the more serious ./Mr_Mark_Craster-_Chambers__Professional_conduct_panel_outcome.pdf:end of the spectrum of sexual misconduct which could not be resolved in any other ./Mr_Mark_Craster-_Chambers__Professional_conduct_panel_outcome.pdf-fashion than making a recommendation to prohibit. ./Mr_Mark_Craster-_Chambers__Professional_conduct_panel_outcome.pdf- ./Mr_Mark_Craster-_Chambers__Professional_conduct_panel_outcome.pdf-The panel went on to consider whether or not it would be appropriate for it to decide to ./Mr_Mark_Craster-_Chambers__Professional_conduct_panel_outcome.pdf-recommend a review period of the order. The panel was mindful that the Advice states ./Mr_Mark_Craster-_Chambers__Professional_conduct_panel_outcome.pdf-that a prohibition order applies for life, but there may be circumstances, in any given ./Mr_Mark_Craster-_Chambers__Professional_conduct_panel_outcome.pdf-case, that may make it appropriate to allow a teacher to apply to have the prohibition ./Mr_Mark_Craster-_Chambers__Professional_conduct_panel_outcome.pdf-order reviewed after a specified period of time that may not be less than 2 years. ./Mr_Mark_Craster-_Chambers__Professional_conduct_panel_outcome.pdf- ./Mr_Mark_Craster-_Chambers__Professional_conduct_panel_outcome.pdf-The Advice indicates that there are behaviours that, if proved, would militate against the ./Mr_Mark_Craster-_Chambers__Professional_conduct_panel_outcome.pdf-recommendation of a review period. These behaviours includes: ./Mr_Mark_Craster-_Chambers__Professional_conduct_panel_outcome.pdf- ./Mr_Mark_Craster-_Chambers__Professional_conduct_panel_outcome.pdf:  serious sexual misconduct e.g., where the act was sexually motivated and resulted ./Mr_Mark_Craster-_Chambers__Professional_conduct_panel_outcome.pdf- in, or had the potential to result in, harm to a person or persons; ./Mr_Mark_Craster-_Chambers__Professional_conduct_panel_outcome.pdf- ./Mr_Mark_Craster-_Chambers__Professional_conduct_panel_outcome.pdf- 11 ./Mr_Mark_Craster-_Chambers__Professional_conduct_panel_outcome.pdf- -- ./Mr_Mark_Craster-_Chambers__Professional_conduct_panel_outcome.pdf:  any sexual misconduct involving a child; ./Mr_Mark_Craster-_Chambers__Professional_conduct_panel_outcome.pdf- ./Mr_Mark_Craster-_Chambers__Professional_conduct_panel_outcome.pdf-The panel decided that the findings indicated a situation in which a review period would ./Mr_Mark_Craster-_Chambers__Professional_conduct_panel_outcome.pdf-not be appropriate and, as such, decided that it would be proportionate, in all the ./Mr_Mark_Craster-_Chambers__Professional_conduct_panel_outcome.pdf-circumstances, for the prohibition order to be recommended without provisions for a ./Mr_Mark_Craster-_Chambers__Professional_conduct_panel_outcome.pdf-review period. ./Mr_Mark_Craster-_Chambers__Professional_conduct_panel_outcome.pdf- ./Mr_Mark_Craster-_Chambers__Professional_conduct_panel_outcome.pdf- ./Mr_Mark_Craster-_Chambers__Professional_conduct_panel_outcome.pdf-Decision and reasons on behalf of the Secretary of State ./Mr_Mark_Craster-_Chambers__Professional_conduct_panel_outcome.pdf-I have given very careful consideration to this case and to the recommendation of the ./Mr_Mark_Craster-_Chambers__Professional_conduct_panel_outcome.pdf-panel in respect of both sanction and review period. -- ./Mr_Mark_Craster-_Chambers__Professional_conduct_panel_outcome.pdf- ./Mr_Mark_Craster-_Chambers__Professional_conduct_panel_outcome.pdf-  the maintenance of public confidence in the profession – assessed by reference to ./Mr_Mark_Craster-_Chambers__Professional_conduct_panel_outcome.pdf- the standard of the ordinary intelligent and well-informed citizen who both ./Mr_Mark_Craster-_Chambers__Professional_conduct_panel_outcome.pdf- appreciates the seriousness of the proposed ‘sanction’ and recognises the high ./Mr_Mark_Craster-_Chambers__Professional_conduct_panel_outcome.pdf- standards expected of all teachers, as well as other issues involved in the case; ./Mr_Mark_Craster-_Chambers__Professional_conduct_panel_outcome.pdf- ./Mr_Mark_Craster-_Chambers__Professional_conduct_panel_outcome.pdf-  declaring and upholding proper standards of conduct within the teaching ./Mr_Mark_Craster-_Chambers__Professional_conduct_panel_outcome.pdf- profession; ./Mr_Mark_Craster-_Chambers__Professional_conduct_panel_outcome.pdf- ./Mr_Mark_Craster-_Chambers__Professional_conduct_panel_outcome.pdf-The findings of misconduct are particularly serious as they include a finding of engaging ./Mr_Mark_Craster-_Chambers__Professional_conduct_panel_outcome.pdf:in sexual activity while in a position of trust. ./Mr_Mark_Craster-_Chambers__Professional_conduct_panel_outcome.pdf- ./Mr_Mark_Craster-_Chambers__Professional_conduct_panel_outcome.pdf-I have to determine whether the imposition of a prohibition order is proportionate and in ./Mr_Mark_Craster-_Chambers__Professional_conduct_panel_outcome.pdf-the public interest. In considering that for this case, I have considered the overall aim of a ./Mr_Mark_Craster-_Chambers__Professional_conduct_panel_outcome.pdf-prohibition order which is to protect pupils and to maintain public confidence in the ./Mr_Mark_Craster-_Chambers__Professional_conduct_panel_outcome.pdf-profession. I have considered the extent to which a prohibition order in this case would ./Mr_Mark_Craster-_Chambers__Professional_conduct_panel_outcome.pdf-achieve that aim taking into account the impact that it will have on the individual teacher. ./Mr_Mark_Craster-_Chambers__Professional_conduct_panel_outcome.pdf-I have also asked myself, whether a less intrusive measure, such as the published ./Mr_Mark_Craster-_Chambers__Professional_conduct_panel_outcome.pdf-finding of unacceptable professional conduct and conduct that may bring the profession ./Mr_Mark_Craster-_Chambers__Professional_conduct_panel_outcome.pdf- ./Mr_Mark_Craster-_Chambers__Professional_conduct_panel_outcome.pdf- 12 -- ./Mr_Mark_Craster-_Chambers__Professional_conduct_panel_outcome.pdf-Mr Craster-Chambers continued to deny his actual guilt. In my judgement, the lack of full ./Mr_Mark_Craster-_Chambers__Professional_conduct_panel_outcome.pdf-insight means that there is some risk of the repetition of this behaviour, and this puts at ./Mr_Mark_Craster-_Chambers__Professional_conduct_panel_outcome.pdf-risk the future wellbeing of pupils’. I have therefore given this element considerable ./Mr_Mark_Craster-_Chambers__Professional_conduct_panel_outcome.pdf-weight in reaching my decision. ./Mr_Mark_Craster-_Chambers__Professional_conduct_panel_outcome.pdf- ./Mr_Mark_Craster-_Chambers__Professional_conduct_panel_outcome.pdf-I have gone on to consider the extent to which a prohibition order would maintain public ./Mr_Mark_Craster-_Chambers__Professional_conduct_panel_outcome.pdf-confidence in the profession. The panel observe, “The panel also took account of the way ./Mr_Mark_Craster-_Chambers__Professional_conduct_panel_outcome.pdf-the teaching profession is viewed by others. The panel considered that Mr Craster- ./Mr_Mark_Craster-_Chambers__Professional_conduct_panel_outcome.pdf-Chambers' behaviour in committing the offences could affect public confidence in the ./Mr_Mark_Craster-_Chambers__Professional_conduct_panel_outcome.pdf-teaching profession, given the influence that teachers may have on pupils, parents and ./Mr_Mark_Craster-_Chambers__Professional_conduct_panel_outcome.pdf:others in the community.” I am particularly mindful of the finding of engaging in sexual ./Mr_Mark_Craster-_Chambers__Professional_conduct_panel_outcome.pdf-activity while in a position of trust in this case and the impact that such a finding has on ./Mr_Mark_Craster-_Chambers__Professional_conduct_panel_outcome.pdf-the reputation of the profession. ./Mr_Mark_Craster-_Chambers__Professional_conduct_panel_outcome.pdf- ./Mr_Mark_Craster-_Chambers__Professional_conduct_panel_outcome.pdf-I have had to consider that the public has a high expectation of professional standards of ./Mr_Mark_Craster-_Chambers__Professional_conduct_panel_outcome.pdf-all teachers and that the public might regard a failure to impose a prohibition order as a ./Mr_Mark_Craster-_Chambers__Professional_conduct_panel_outcome.pdf-failure to uphold those high standards. In weighing these considerations, I have had to ./Mr_Mark_Craster-_Chambers__Professional_conduct_panel_outcome.pdf-consider the matter from the point of view of an “ordinary intelligent and well-informed ./Mr_Mark_Craster-_Chambers__Professional_conduct_panel_outcome.pdf-citizen.” ./Mr_Mark_Craster-_Chambers__Professional_conduct_panel_outcome.pdf- ./Mr_Mark_Craster-_Chambers__Professional_conduct_panel_outcome.pdf-I have considered whether the publication of a finding of relevant convictions in this case, -- ./Mr_Mark_Craster-_Chambers__Professional_conduct_panel_outcome.pdf-A prohibition order would prevent Mr Craster-Chambers from teaching and would also ./Mr_Mark_Craster-_Chambers__Professional_conduct_panel_outcome.pdf-clearly deprive the public of his contribution to the profession for the period that it is in ./Mr_Mark_Craster-_Chambers__Professional_conduct_panel_outcome.pdf-force. ./Mr_Mark_Craster-_Chambers__Professional_conduct_panel_outcome.pdf- ./Mr_Mark_Craster-_Chambers__Professional_conduct_panel_outcome.pdf-In this case, I have placed considerable weight on the panel’s comments, “Mr Craster- ./Mr_Mark_Craster-_Chambers__Professional_conduct_panel_outcome.pdf:Chambers conviction was at the more serious end of the spectrum of sexual misconduct ./Mr_Mark_Craster-_Chambers__Professional_conduct_panel_outcome.pdf-which could not be resolved in any other fashion than making a recommendation to ./Mr_Mark_Craster-_Chambers__Professional_conduct_panel_outcome.pdf-prohibit.” ./Mr_Mark_Craster-_Chambers__Professional_conduct_panel_outcome.pdf- ./Mr_Mark_Craster-_Chambers__Professional_conduct_panel_outcome.pdf-I have given less weight in my consideration of sanction therefore, to the contribution that ./Mr_Mark_Craster-_Chambers__Professional_conduct_panel_outcome.pdf-Mr Craster-Chambers has made to the profession. In my view, it is necessary to impose ./Mr_Mark_Craster-_Chambers__Professional_conduct_panel_outcome.pdf-a prohibition order in order to maintain public confidence in the profession. A published ./Mr_Mark_Craster-_Chambers__Professional_conduct_panel_outcome.pdf-decision, in light of the circumstances in this case, that is not backed up by full remorse ./Mr_Mark_Craster-_Chambers__Professional_conduct_panel_outcome.pdf-or insight, does not in my view satisfy the public interest requirement concerning public ./Mr_Mark_Craster-_Chambers__Professional_conduct_panel_outcome.pdf-confidence in the profession. ./Mr_Mark_Craster-_Chambers__Professional_conduct_panel_outcome.pdf- ./Mr_Mark_Craster-_Chambers__Professional_conduct_panel_outcome.pdf-For these reasons, I have concluded that a prohibition order is proportionate and in the ./Mr_Mark_Craster-_Chambers__Professional_conduct_panel_outcome.pdf-public interest in order to achieve the intended aims of a prohibition order. ./Mr_Mark_Craster-_Chambers__Professional_conduct_panel_outcome.pdf- ./Mr_Mark_Craster-_Chambers__Professional_conduct_panel_outcome.pdf-I have gone on to consider the matter of a review period. In this case, the panel has ./Mr_Mark_Craster-_Chambers__Professional_conduct_panel_outcome.pdf-recommended that no provision should be made for a review period. ./Mr_Mark_Craster-_Chambers__Professional_conduct_panel_outcome.pdf- ./Mr_Mark_Craster-_Chambers__Professional_conduct_panel_outcome.pdf-I have considered the panel’s comments “The Advice indicates that there are behaviours ./Mr_Mark_Craster-_Chambers__Professional_conduct_panel_outcome.pdf-that, if proved, would militate against the recommendation of a review period. These ./Mr_Mark_Craster-_Chambers__Professional_conduct_panel_outcome.pdf-behaviours includes: ./Mr_Mark_Craster-_Chambers__Professional_conduct_panel_outcome.pdf- ./Mr_Mark_Craster-_Chambers__Professional_conduct_panel_outcome.pdf:  serious sexual misconduct e.g. where the act was sexually motivated and resulted ./Mr_Mark_Craster-_Chambers__Professional_conduct_panel_outcome.pdf- in, or had the potential to result in, harm to a person or persons; ./Mr_Mark_Craster-_Chambers__Professional_conduct_panel_outcome.pdf- ./Mr_Mark_Craster-_Chambers__Professional_conduct_panel_outcome.pdf:  any sexual misconduct involving a child; ./Mr_Mark_Craster-_Chambers__Professional_conduct_panel_outcome.pdf- ./Mr_Mark_Craster-_Chambers__Professional_conduct_panel_outcome.pdf-The panel decided that the findings indicated a situation in which a review period would ./Mr_Mark_Craster-_Chambers__Professional_conduct_panel_outcome.pdf-not be appropriate and, as such, decided that it would be proportionate, in all the ./Mr_Mark_Craster-_Chambers__Professional_conduct_panel_outcome.pdf-circumstances, for the prohibition order to be recommended without provisions for a ./Mr_Mark_Craster-_Chambers__Professional_conduct_panel_outcome.pdf-review period.” ./Mr_Mark_Craster-_Chambers__Professional_conduct_panel_outcome.pdf- ./Mr_Mark_Craster-_Chambers__Professional_conduct_panel_outcome.pdf-I have considered whether allowing for no review reflects the seriousness of the findings ./Mr_Mark_Craster-_Chambers__Professional_conduct_panel_outcome.pdf-and is proportionate to achieve the aim of maintaining public confidence in the ./Mr_Mark_Craster-_Chambers__Professional_conduct_panel_outcome.pdf-profession. In this case, factors mean that a no review is necessary are the serious ./Mr_Mark_Craster-_Chambers__Professional_conduct_panel_outcome.pdf-nature of the convictions and the lack of full insight. The advice is very clear on this. ./Mr_Mark_David_Attwood.pdf- ./Mr_Mark_David_Attwood.pdf- ./Mr_Mark_David_Attwood.pdf- ./Mr_Mark_David_Attwood.pdf-The panel noted that at the school’s disciplinary hearing, it was acknowledged that Mr ./Mr_Mark_David_Attwood.pdf-Attwood had taken on additional work that was important and had had a positive impact ./Mr_Mark_David_Attwood.pdf-on the school. He had been promoted as recognition of the efforts made. No recent ./Mr_Mark_David_Attwood.pdf-references have been received by the panel, but the panel has taken note of a positive ./Mr_Mark_David_Attwood.pdf-reference of a personal tutor at the time of Mr Attwood’s PGCE in 2005 albeit attached ./Mr_Mark_David_Attwood.pdf-little weight to it, given its age. Mr Attwood has expressed remorse and admitted the ./Mr_Mark_David_Attwood.pdf-offence at the earliest opportunity. He has referred to being addicted to adult ./Mr_Mark_David_Attwood.pdf:pornography at the time. Although at the disciplinary hearing he described having barred ./Mr_Mark_David_Attwood.pdf-his own access from certain platforms and having had counselling sessions, the panel ./Mr_Mark_David_Attwood.pdf-has seen no independent evidence to verify this. ./Mr_Mark_David_Attwood.pdf- ./Mr_Mark_David_Attwood.pdf- ./Mr_Mark_David_Attwood.pdf- ./Mr_Mark_David_Attwood.pdf- 9 ./Mr_Mark_David_Attwood.pdf- ./Mr_Mark_Thompson_-_Professional_conduct_panel_outcome_.pdf- ./Mr_Mark_Thompson_-_Professional_conduct_panel_outcome_.pdf-It was alleged that Mr Mark Thompson was guilty of unacceptable professional conduct ./Mr_Mark_Thompson_-_Professional_conduct_panel_outcome_.pdf-and/or conduct that may bring the profession into disrepute in that, whilst employed as a ./Mr_Mark_Thompson_-_Professional_conduct_panel_outcome_.pdf-teacher at St Bede's Catholic Voluntary Academy ("the Academy") he: ./Mr_Mark_Thompson_-_Professional_conduct_panel_outcome_.pdf- ./Mr_Mark_Thompson_-_Professional_conduct_panel_outcome_.pdf- 1. Between around December 2018 to May 2019, in respect of Pupil A, he: ./Mr_Mark_Thompson_-_Professional_conduct_panel_outcome_.pdf- a. exchanged messages through social media; ./Mr_Mark_Thompson_-_Professional_conduct_panel_outcome_.pdf- b. made inappropriate remarks including as set out in Schedule A; ./Mr_Mark_Thompson_-_Professional_conduct_panel_outcome_.pdf- c. sent intimate photographs to Pupil A; ./Mr_Mark_Thompson_-_Professional_conduct_panel_outcome_.pdf- d. caused or allowed Pupil A to send intimate photographs to him; ./Mr_Mark_Thompson_-_Professional_conduct_panel_outcome_.pdf: e. engaged in a sexual relationship on one or more occasions. ./Mr_Mark_Thompson_-_Professional_conduct_panel_outcome_.pdf- ./Mr_Mark_Thompson_-_Professional_conduct_panel_outcome_.pdf: 2. His conduct at 1(a) and / or 1(b) and / or 1(c) and / or 1(d) was sexually motivated ./Mr_Mark_Thompson_-_Professional_conduct_panel_outcome_.pdf: in that the conduct was in pursuit of a future sexual relationship and / or sexual ./Mr_Mark_Thompson_-_Professional_conduct_panel_outcome_.pdf- gratification. ./Mr_Mark_Thompson_-_Professional_conduct_panel_outcome_.pdf- ./Mr_Mark_Thompson_-_Professional_conduct_panel_outcome_.pdf- 3. On or around 2 May 2019, he failed to adequately or at all to detail his contact with ./Mr_Mark_Thompson_-_Professional_conduct_panel_outcome_.pdf- Pupil A as set out in 1. ./Mr_Mark_Thompson_-_Professional_conduct_panel_outcome_.pdf- ./Mr_Mark_Thompson_-_Professional_conduct_panel_outcome_.pdf- 4. His conduct at 3, was dishonest in that he knew that contact with Pupil A, as set ./Mr_Mark_Thompson_-_Professional_conduct_panel_outcome_.pdf- out at 1(a) and / 1(b) and / or 1(c) and / or 1(d) and / or 1(e) had taken place. ./Mr_Mark_Thompson_-_Professional_conduct_panel_outcome_.pdf- ./Mr_Mark_Thompson_-_Professional_conduct_panel_outcome_.pdf- 5. Between around September 2020 and October 2020, he contacted Pupil A ./Mr_Mark_Thompson_-_Professional_conduct_panel_outcome_.pdf- through social media during the course of the TRA's investigation. -- ./Mr_Mark_Thompson_-_Professional_conduct_panel_outcome_.pdf-Inappropriate remarks or words to the effect: ./Mr_Mark_Thompson_-_Professional_conduct_panel_outcome_.pdf- ./Mr_Mark_Thompson_-_Professional_conduct_panel_outcome_.pdf- i. he liked that Pupil A was 17; ./Mr_Mark_Thompson_-_Professional_conduct_panel_outcome_.pdf- ii. the relationship with Pupil A was his 'little secret'; ./Mr_Mark_Thompson_-_Professional_conduct_panel_outcome_.pdf- iii. Pupil A should call him 'sir'; ./Mr_Mark_Thompson_-_Professional_conduct_panel_outcome_.pdf- iv. Pupil A was his 'little puppet'; ./Mr_Mark_Thompson_-_Professional_conduct_panel_outcome_.pdf- v. Pupil A should not speak to other people without his permission; ./Mr_Mark_Thompson_-_Professional_conduct_panel_outcome_.pdf- vi. he wanted to get Pupil A drunk and / or high; ./Mr_Mark_Thompson_-_Professional_conduct_panel_outcome_.pdf- vii. Pupil A was his 'little slut'; ./Mr_Mark_Thompson_-_Professional_conduct_panel_outcome_.pdf- viii. he asked Pupil A to bring drugs; ./Mr_Mark_Thompson_-_Professional_conduct_panel_outcome_.pdf: ix. details of real and / or imagined sexual encounters. ./Mr_Mark_Thompson_-_Professional_conduct_panel_outcome_.pdf- ./Mr_Mark_Thompson_-_Professional_conduct_panel_outcome_.pdf- ./Mr_Mark_Thompson_-_Professional_conduct_panel_outcome_.pdf- ./Mr_Mark_Thompson_-_Professional_conduct_panel_outcome_.pdf- 4 ./Mr_Mark_Thompson_-_Professional_conduct_panel_outcome_.pdf- -- ./Mr_Mark_Thompson_-_Professional_conduct_panel_outcome_.pdf-Mr Thompson had been employed at St. Bede's Catholic Voluntary Academy ('the ./Mr_Mark_Thompson_-_Professional_conduct_panel_outcome_.pdf-Academy') as a mathematics teacher since September 2013. His role developed, over ./Mr_Mark_Thompson_-_Professional_conduct_panel_outcome_.pdf-time, to include a pastoral role to pupils when Mr Thompson was also appointed to a ./Mr_Mark_Thompson_-_Professional_conduct_panel_outcome_.pdf-house leader role. ./Mr_Mark_Thompson_-_Professional_conduct_panel_outcome_.pdf- ./Mr_Mark_Thompson_-_Professional_conduct_panel_outcome_.pdf-During Mr Thompson's time at the Academy, he taught Pupil A and also provided her ./Mr_Mark_Thompson_-_Professional_conduct_panel_outcome_.pdf-with pastoral support in his house leader role. [redacted]. ./Mr_Mark_Thompson_-_Professional_conduct_panel_outcome_.pdf- ./Mr_Mark_Thompson_-_Professional_conduct_panel_outcome_.pdf-In around December 2018, Pupil A [redacted] was contacted, via social media, by Mr ./Mr_Mark_Thompson_-_Professional_conduct_panel_outcome_.pdf-Thompson. Whilst the social media contact was initially general in nature, within a week it ./Mr_Mark_Thompson_-_Professional_conduct_panel_outcome_.pdf:developed into a sexual conversation, which culminated in a consensual physical, sexual ./Mr_Mark_Thompson_-_Professional_conduct_panel_outcome_.pdf-relationship at the beginning of 2019 that was intermittent but lasted for a few months. ./Mr_Mark_Thompson_-_Professional_conduct_panel_outcome_.pdf- ./Mr_Mark_Thompson_-_Professional_conduct_panel_outcome_.pdf-[redacted]. As a result, a local investigation was commenced, during which Mr Thompson ./Mr_Mark_Thompson_-_Professional_conduct_panel_outcome_.pdf-was interviewed but, initially, denied any relationship with Pupil A. ./Mr_Mark_Thompson_-_Professional_conduct_panel_outcome_.pdf- ./Mr_Mark_Thompson_-_Professional_conduct_panel_outcome_.pdf-In September 2019, Mr Thompson resigned from his position at the Academy and a ./Mr_Mark_Thompson_-_Professional_conduct_panel_outcome_.pdf-referral was made to the TRA, regarding his conduct in January 2020. In September and ./Mr_Mark_Thompson_-_Professional_conduct_panel_outcome_.pdf-October 2020, Pupil A reported that Mr Thompson had recommenced contact with her, ./Mr_Mark_Thompson_-_Professional_conduct_panel_outcome_.pdf-via social media. ./Mr_Mark_Thompson_-_Professional_conduct_panel_outcome_.pdf- -- ./Mr_Mark_Thompson_-_Professional_conduct_panel_outcome_.pdf- 1. Between around December 2018 to May 2019, in respect of Pupil A, you: ./Mr_Mark_Thompson_-_Professional_conduct_panel_outcome_.pdf- ./Mr_Mark_Thompson_-_Professional_conduct_panel_outcome_.pdf- a. exchanged messages through social media; ./Mr_Mark_Thompson_-_Professional_conduct_panel_outcome_.pdf- ./Mr_Mark_Thompson_-_Professional_conduct_panel_outcome_.pdf- b. made inappropriate remarks including as set out in Schedule A; ./Mr_Mark_Thompson_-_Professional_conduct_panel_outcome_.pdf- ./Mr_Mark_Thompson_-_Professional_conduct_panel_outcome_.pdf- c. sent intimate photographs to Pupil A; ./Mr_Mark_Thompson_-_Professional_conduct_panel_outcome_.pdf- ./Mr_Mark_Thompson_-_Professional_conduct_panel_outcome_.pdf- d. caused or allowed Pupil A to send intimate photographs to him; ./Mr_Mark_Thompson_-_Professional_conduct_panel_outcome_.pdf- ./Mr_Mark_Thompson_-_Professional_conduct_panel_outcome_.pdf: e. engaged in a sexual relationship on one or more occasions. ./Mr_Mark_Thompson_-_Professional_conduct_panel_outcome_.pdf- ./Mr_Mark_Thompson_-_Professional_conduct_panel_outcome_.pdf-The panel first heard live evidence on these allegations from Pupil A, who explained that ./Mr_Mark_Thompson_-_Professional_conduct_panel_outcome_.pdf-in late 2018, she was contacted by Mr Thompson via Snapchat, a social media ./Mr_Mark_Thompson_-_Professional_conduct_panel_outcome_.pdf-application. ./Mr_Mark_Thompson_-_Professional_conduct_panel_outcome_.pdf- ./Mr_Mark_Thompson_-_Professional_conduct_panel_outcome_.pdf-Pupil A informed the panel that she thought Mr Thompson had 'found her' on Snapchat ./Mr_Mark_Thompson_-_Professional_conduct_panel_outcome_.pdf-from information on other social media websites that she was active on. She confirmed ./Mr_Mark_Thompson_-_Professional_conduct_panel_outcome_.pdf-that the two of them exchanged messages via Snapchat, which progressed from ./Mr_Mark_Thompson_-_Professional_conduct_panel_outcome_.pdf:generalised chat to a conversation that was sexualised in nature and culminated in the ./Mr_Mark_Thompson_-_Professional_conduct_panel_outcome_.pdf:two of them meeting, and having a sexual relationship. ./Mr_Mark_Thompson_-_Professional_conduct_panel_outcome_.pdf- ./Mr_Mark_Thompson_-_Professional_conduct_panel_outcome_.pdf-Pupil A's written statement confirmed that she sent intimate photographs to Mr ./Mr_Mark_Thompson_-_Professional_conduct_panel_outcome_.pdf-Thompson, who sent similar photos of himself in response. ./Mr_Mark_Thompson_-_Professional_conduct_panel_outcome_.pdf- ./Mr_Mark_Thompson_-_Professional_conduct_panel_outcome_.pdf-In her oral evidence, Pupil A gave the panel examples of the language used by Mr ./Mr_Mark_Thompson_-_Professional_conduct_panel_outcome_.pdf-Thompson towards her. She volunteered examples of him asking her to call him 'Sir', ./Mr_Mark_Thompson_-_Professional_conduct_panel_outcome_.pdf-[redacted], and that she should dress in a 'slutty' way. At the time, Pupil A said that she ./Mr_Mark_Thompson_-_Professional_conduct_panel_outcome_.pdf-felt uncomfortable when he used that language. ./Mr_Mark_Thompson_-_Professional_conduct_panel_outcome_.pdf- ./Mr_Mark_Thompson_-_Professional_conduct_panel_outcome_.pdf-In further questioning, Pupil A also told the panel that Mr Thompson had told her to 'bring -- ./Mr_Mark_Thompson_-_Professional_conduct_panel_outcome_.pdf-Whilst there was some suggestion of ill-health caused by the proceedings, no ./Mr_Mark_Thompson_-_Professional_conduct_panel_outcome_.pdf-independent medical evidence had been provided. ./Mr_Mark_Thompson_-_Professional_conduct_panel_outcome_.pdf- ./Mr_Mark_Thompson_-_Professional_conduct_panel_outcome_.pdf-In these circumstances, the panel preferred the live witness evidence from Pupil A, who ./Mr_Mark_Thompson_-_Professional_conduct_panel_outcome_.pdf-attended to be examined, compared to the written explanation given by Mr Thompson. ./Mr_Mark_Thompson_-_Professional_conduct_panel_outcome_.pdf-For these reasons, the panel was content that the TRA had discharged its burden in ./Mr_Mark_Thompson_-_Professional_conduct_panel_outcome_.pdf-respect of allegation 1, including allegation 1(b) that was disputed. ./Mr_Mark_Thompson_-_Professional_conduct_panel_outcome_.pdf- ./Mr_Mark_Thompson_-_Professional_conduct_panel_outcome_.pdf-The panel therefore found this allegation proved. ./Mr_Mark_Thompson_-_Professional_conduct_panel_outcome_.pdf- ./Mr_Mark_Thompson_-_Professional_conduct_panel_outcome_.pdf: 2. Your conduct at 1(a) and / or 1(b) and / or 1(c) and / or 1(d) was sexually ./Mr_Mark_Thompson_-_Professional_conduct_panel_outcome_.pdf: motivated in that the conduct was in pursuit of a future sexual relationship ./Mr_Mark_Thompson_-_Professional_conduct_panel_outcome_.pdf: and / or sexual gratification. ./Mr_Mark_Thompson_-_Professional_conduct_panel_outcome_.pdf- ./Mr_Mark_Thompson_-_Professional_conduct_panel_outcome_.pdf:The panel noted that Mr Thompson admitted that his conduct was sexually motivated ./Mr_Mark_Thompson_-_Professional_conduct_panel_outcome_.pdf:and, indeed, it resulted in him and Pupil A having sex on a number of occasions. ./Mr_Mark_Thompson_-_Professional_conduct_panel_outcome_.pdf- ./Mr_Mark_Thompson_-_Professional_conduct_panel_outcome_.pdf-The panel therefore found this allegation proved on all parts of allegation 1. ./Mr_Mark_Thompson_-_Professional_conduct_panel_outcome_.pdf- ./Mr_Mark_Thompson_-_Professional_conduct_panel_outcome_.pdf- 3. On or around 2 May 2019, you failed to adequately or at all to detail your ./Mr_Mark_Thompson_-_Professional_conduct_panel_outcome_.pdf- contact with Pupil A as set out in 1. ./Mr_Mark_Thompson_-_Professional_conduct_panel_outcome_.pdf- ./Mr_Mark_Thompson_-_Professional_conduct_panel_outcome_.pdf- 4. Your conduct at 3, was dishonest in that you knew that contact with Pupil A, ./Mr_Mark_Thompson_-_Professional_conduct_panel_outcome_.pdf- as set out at 1(a) and / 1(b) and / or 1(c) and / or 1(d) and / or 1(e) had taken ./Mr_Mark_Thompson_-_Professional_conduct_panel_outcome_.pdf- place. ./Mr_Mark_Thompson_-_Professional_conduct_panel_outcome_.pdf- -- ./Mr_Mark_Thompson_-_Professional_conduct_panel_outcome_.pdf-formed part of the Academy's fact-finding investigation [redacted]. Mr Thompson also ./Mr_Mark_Thompson_-_Professional_conduct_panel_outcome_.pdf-accepted that, in doing so, his conduct was dishonest. ./Mr_Mark_Thompson_-_Professional_conduct_panel_outcome_.pdf- ./Mr_Mark_Thompson_-_Professional_conduct_panel_outcome_.pdf-The panel noted that, by May 2019, Mr Thompson and Pupil A had exchanged numerous ./Mr_Mark_Thompson_-_Professional_conduct_panel_outcome_.pdf:messages via social media, which had escalated to a sexual relationship. During his ./Mr_Mark_Thompson_-_Professional_conduct_panel_outcome_.pdf-questioning as part of the Academy's investigation, he denied using Snapchat, having ./Mr_Mark_Thompson_-_Professional_conduct_panel_outcome_.pdf-any contact with Pupil A away from the Academy (save for one random meeting at Tesco ./Mr_Mark_Thompson_-_Professional_conduct_panel_outcome_.pdf-when they had a 'general conversation' about 'nothing out of the ordinary'). ./Mr_Mark_Thompson_-_Professional_conduct_panel_outcome_.pdf- ./Mr_Mark_Thompson_-_Professional_conduct_panel_outcome_.pdf-It must have been evident to Mr Thompson that the answers he gave during the meeting ./Mr_Mark_Thompson_-_Professional_conduct_panel_outcome_.pdf-were demonstrably false. This was just not a case of a teacher not providing information ./Mr_Mark_Thompson_-_Professional_conduct_panel_outcome_.pdf-during a fact-finding investigation; Mr Thompson, instead, put forward an explanation as ./Mr_Mark_Thompson_-_Professional_conduct_panel_outcome_.pdf-to his relationship with Pupil A that positively attempted to deflect away from the reality. ./Mr_Mark_Thompson_-_Professional_conduct_panel_outcome_.pdf-Such behaviour could only be classed by the public as dishonest. ./Mr_Mark_Thompson_-_Professional_conduct_panel_outcome_.pdf- -- ./Mr_Mark_Thompson_-_Professional_conduct_panel_outcome_.pdf- professional position; ./Mr_Mark_Thompson_-_Professional_conduct_panel_outcome_.pdf- ./Mr_Mark_Thompson_-_Professional_conduct_panel_outcome_.pdf- o having regard for the need to safeguard pupils’ well-being, in accordance ./Mr_Mark_Thompson_-_Professional_conduct_panel_outcome_.pdf- with statutory provisions. ./Mr_Mark_Thompson_-_Professional_conduct_panel_outcome_.pdf- ./Mr_Mark_Thompson_-_Professional_conduct_panel_outcome_.pdf- • Teachers must have proper and professional regard for the ethos, policies and ./Mr_Mark_Thompson_-_Professional_conduct_panel_outcome_.pdf- practices of the school in which they teach. ./Mr_Mark_Thompson_-_Professional_conduct_panel_outcome_.pdf- ./Mr_Mark_Thompson_-_Professional_conduct_panel_outcome_.pdf-The panel considered whether Mr Thompson's conduct displayed behaviours associated ./Mr_Mark_Thompson_-_Professional_conduct_panel_outcome_.pdf-with any of the offences listed on pages 10 and 11 of the Advice and determined that the ./Mr_Mark_Thompson_-_Professional_conduct_panel_outcome_.pdf:offence of sexual activity to be present. ./Mr_Mark_Thompson_-_Professional_conduct_panel_outcome_.pdf- ./Mr_Mark_Thompson_-_Professional_conduct_panel_outcome_.pdf-The Advice indicates that where behaviours associated with such an offence exist, a ./Mr_Mark_Thompson_-_Professional_conduct_panel_outcome_.pdf-panel is likely to conclude that an individual’s conduct would amount to unacceptable ./Mr_Mark_Thompson_-_Professional_conduct_panel_outcome_.pdf-professional conduct. ./Mr_Mark_Thompson_-_Professional_conduct_panel_outcome_.pdf- ./Mr_Mark_Thompson_-_Professional_conduct_panel_outcome_.pdf-The panel noted that the allegations took place outside the education setting and at a ./Mr_Mark_Thompson_-_Professional_conduct_panel_outcome_.pdf-time when Pupil A was not a pupil at the Academy. However, this was a situation that ./Mr_Mark_Thompson_-_Professional_conduct_panel_outcome_.pdf-originated as a result of the teaching relationship that was present up to summer 2018. ./Mr_Mark_Thompson_-_Professional_conduct_panel_outcome_.pdf- ./Mr_Mark_Thompson_-_Professional_conduct_panel_outcome_.pdf-Were it not for that previous teacher and pupil knowledge, the panel considered it highly -- ./Mr_Mark_Thompson_-_Professional_conduct_panel_outcome_.pdf-In the light of the panel’s findings against Mr Thompson, which involved him developing a ./Mr_Mark_Thompson_-_Professional_conduct_panel_outcome_.pdf:sexual relationship with a former pupil, who had only recently left the Academy and for ./Mr_Mark_Thompson_-_Professional_conduct_panel_outcome_.pdf-whom he had a pastoral, as well as teaching role, there was a strong public interest ./Mr_Mark_Thompson_-_Professional_conduct_panel_outcome_.pdf-consideration in respect of the protection of pupils. ./Mr_Mark_Thompson_-_Professional_conduct_panel_outcome_.pdf- ./Mr_Mark_Thompson_-_Professional_conduct_panel_outcome_.pdf-Similarly, the panel considered that public confidence in the profession could be seriously ./Mr_Mark_Thompson_-_Professional_conduct_panel_outcome_.pdf-weakened if conduct such as that found against Mr Thompson was not treated with the ./Mr_Mark_Thompson_-_Professional_conduct_panel_outcome_.pdf-utmost seriousness when regulating the conduct of the profession. As well as the ./Mr_Mark_Thompson_-_Professional_conduct_panel_outcome_.pdf-relationship with Pupil A, Mr Thompson had been dishonest in the account that he gave ./Mr_Mark_Thompson_-_Professional_conduct_panel_outcome_.pdf-to the Academy as to the real status of their relationship. Even when it is to their own ./Mr_Mark_Thompson_-_Professional_conduct_panel_outcome_.pdf-detriment, teachers must be honest, and be seen to be honest, in their roles. ./Mr_Mark_Thompson_-_Professional_conduct_panel_outcome_.pdf- -- ./Mr_Mark_Thompson_-_Professional_conduct_panel_outcome_.pdf- ./Mr_Mark_Thompson_-_Professional_conduct_panel_outcome_.pdf- • misconduct seriously affecting the education and/or well-being of pupils, and ./Mr_Mark_Thompson_-_Professional_conduct_panel_outcome_.pdf- particularly where there is a continuing risk; ./Mr_Mark_Thompson_-_Professional_conduct_panel_outcome_.pdf- ./Mr_Mark_Thompson_-_Professional_conduct_panel_outcome_.pdf- • abuse of position or trust (particularly involving vulnerable pupils) or violation of the ./Mr_Mark_Thompson_-_Professional_conduct_panel_outcome_.pdf- rights of pupils; ./Mr_Mark_Thompson_-_Professional_conduct_panel_outcome_.pdf- ./Mr_Mark_Thompson_-_Professional_conduct_panel_outcome_.pdf- • dishonesty especially where there have been serious consequences, and/or it has ./Mr_Mark_Thompson_-_Professional_conduct_panel_outcome_.pdf- been repeated and/or covered up; ./Mr_Mark_Thompson_-_Professional_conduct_panel_outcome_.pdf- ./Mr_Mark_Thompson_-_Professional_conduct_panel_outcome_.pdf: • sexual misconduct. ./Mr_Mark_Thompson_-_Professional_conduct_panel_outcome_.pdf- ./Mr_Mark_Thompson_-_Professional_conduct_panel_outcome_.pdf-Even though some of the behaviour found proved in this case indicated that a prohibition ./Mr_Mark_Thompson_-_Professional_conduct_panel_outcome_.pdf-order would be appropriate, the panel went on to consider the mitigating factors. ./Mr_Mark_Thompson_-_Professional_conduct_panel_outcome_.pdf-Mitigating factors may indicate that a prohibition order would not be appropriate or ./Mr_Mark_Thompson_-_Professional_conduct_panel_outcome_.pdf-proportionate. ./Mr_Mark_Thompson_-_Professional_conduct_panel_outcome_.pdf- ./Mr_Mark_Thompson_-_Professional_conduct_panel_outcome_.pdf- ./Mr_Mark_Thompson_-_Professional_conduct_panel_outcome_.pdf- ./Mr_Mark_Thompson_-_Professional_conduct_panel_outcome_.pdf- ./Mr_Mark_Thompson_-_Professional_conduct_panel_outcome_.pdf- 13 -- ./Mr_Mark_Thompson_-_Professional_conduct_panel_outcome_.pdf-would not be a proportionate and appropriate response to recommend no prohibition ./Mr_Mark_Thompson_-_Professional_conduct_panel_outcome_.pdf-order. Recommending that the publication of adverse findings would be sufficient would ./Mr_Mark_Thompson_-_Professional_conduct_panel_outcome_.pdf-unacceptably compromise the public interest considerations present in this case, despite ./Mr_Mark_Thompson_-_Professional_conduct_panel_outcome_.pdf-the severity of the consequences for Mr Thompson of prohibition, although it also noted ./Mr_Mark_Thompson_-_Professional_conduct_panel_outcome_.pdf-that he had no inclination to continue his teaching career. ./Mr_Mark_Thompson_-_Professional_conduct_panel_outcome_.pdf- ./Mr_Mark_Thompson_-_Professional_conduct_panel_outcome_.pdf-The panel was of the view that prohibition was both proportionate and appropriate. The ./Mr_Mark_Thompson_-_Professional_conduct_panel_outcome_.pdf-panel decided that the public interest considerations outweighed the interests of Mr ./Mr_Mark_Thompson_-_Professional_conduct_panel_outcome_.pdf-Thompson. ./Mr_Mark_Thompson_-_Professional_conduct_panel_outcome_.pdf- ./Mr_Mark_Thompson_-_Professional_conduct_panel_outcome_.pdf:Mr Thompson undertook a sexual relationship with a former pupil, who had only recently ./Mr_Mark_Thompson_-_Professional_conduct_panel_outcome_.pdf-left the Academy, which arose from his professional position, and when questioned on ./Mr_Mark_Thompson_-_Professional_conduct_panel_outcome_.pdf-this, Mr Thompson provided a dishonest account of matters. Accordingly, the panel made ./Mr_Mark_Thompson_-_Professional_conduct_panel_outcome_.pdf-a recommendation to the Secretary of State that a prohibition order should be imposed ./Mr_Mark_Thompson_-_Professional_conduct_panel_outcome_.pdf-with immediate effect. ./Mr_Mark_Thompson_-_Professional_conduct_panel_outcome_.pdf- ./Mr_Mark_Thompson_-_Professional_conduct_panel_outcome_.pdf-The panel went on to consider whether or not it would be appropriate for it to decide to ./Mr_Mark_Thompson_-_Professional_conduct_panel_outcome_.pdf-recommend a review period of the order. The panel was mindful that the Advice states ./Mr_Mark_Thompson_-_Professional_conduct_panel_outcome_.pdf-that a prohibition order applies for life, but there may be circumstances, in any given ./Mr_Mark_Thompson_-_Professional_conduct_panel_outcome_.pdf-case, that may make it appropriate to allow a teacher to apply to have the prohibition ./Mr_Mark_Thompson_-_Professional_conduct_panel_outcome_.pdf-order reviewed after a specified period of time that may not be less than 2 years. ./Mr_Mark_Thompson_-_Professional_conduct_panel_outcome_.pdf- ./Mr_Mark_Thompson_-_Professional_conduct_panel_outcome_.pdf-The Advice indicates that there are behaviours that, if proved, would militate against the ./Mr_Mark_Thompson_-_Professional_conduct_panel_outcome_.pdf:recommendation of a review period. One of these behaviours includes serious sexual ./Mr_Mark_Thompson_-_Professional_conduct_panel_outcome_.pdf:misconduct, such as where the act was sexually motivated and resulted in, or had the ./Mr_Mark_Thompson_-_Professional_conduct_panel_outcome_.pdf-potential to result in, harm to a person or persons, particularly where the individual has ./Mr_Mark_Thompson_-_Professional_conduct_panel_outcome_.pdf-used his professional position to influence or exploit a person or persons. ./Mr_Mark_Thompson_-_Professional_conduct_panel_outcome_.pdf- ./Mr_Mark_Thompson_-_Professional_conduct_panel_outcome_.pdf- ./Mr_Mark_Thompson_-_Professional_conduct_panel_outcome_.pdf- 14 ./Mr_Mark_Thompson_-_Professional_conduct_panel_outcome_.pdf- -- ./Mr_Mark_Thompson_-_Professional_conduct_panel_outcome_.pdf-In the panel's view, the behaviour of Mr Thompson was towards the most extreme end of ./Mr_Mark_Thompson_-_Professional_conduct_panel_outcome_.pdf:the seriousness spectrum. Not only had he had a sexual relationship, over a number of ./Mr_Mark_Thompson_-_Professional_conduct_panel_outcome_.pdf-months, with a former pupil soon after she had left, he had provided a false account to ./Mr_Mark_Thompson_-_Professional_conduct_panel_outcome_.pdf-the Academy when given the opportunity to be honest. These were deliberate acts and, ./Mr_Mark_Thompson_-_Professional_conduct_panel_outcome_.pdf-the panel considered, it would have been blatantly obvious to a newly qualified teacher, ./Mr_Mark_Thompson_-_Professional_conduct_panel_outcome_.pdf-let alone a teacher with some experience as Mr Thompson had, that his conduct was ./Mr_Mark_Thompson_-_Professional_conduct_panel_outcome_.pdf-manifestly incompatible with that of a teacher. ./Mr_Mark_Thompson_-_Professional_conduct_panel_outcome_.pdf- ./Mr_Mark_Thompson_-_Professional_conduct_panel_outcome_.pdf-The panel did consider the content of the witness statement of Mr Thompson dated 13 ./Mr_Mark_Thompson_-_Professional_conduct_panel_outcome_.pdf-August 2021, which it found to be self-serving, focused on his own issues, and how the ./Mr_Mark_Thompson_-_Professional_conduct_panel_outcome_.pdf-proceedings had affected his health by their ongoing nature. The panel considered the ./Mr_Mark_Thompson_-_Professional_conduct_panel_outcome_.pdf-reference to a murder case being concluded within 18-months as wholly irrelevant and -- ./Mr_Mark_Thompson_-_Professional_conduct_panel_outcome_.pdf- ./Mr_Mark_Thompson_-_Professional_conduct_panel_outcome_.pdf- o having regard for the need to safeguard pupils’ well-being, in accordance ./Mr_Mark_Thompson_-_Professional_conduct_panel_outcome_.pdf- with statutory provisions. ./Mr_Mark_Thompson_-_Professional_conduct_panel_outcome_.pdf- ./Mr_Mark_Thompson_-_Professional_conduct_panel_outcome_.pdf-  Teachers must have proper and professional regard for the ethos, policies and ./Mr_Mark_Thompson_-_Professional_conduct_panel_outcome_.pdf- practices of the school in which they teach. ./Mr_Mark_Thompson_-_Professional_conduct_panel_outcome_.pdf- ./Mr_Mark_Thompson_-_Professional_conduct_panel_outcome_.pdf-The panel finds that the conduct of Mr Thompson fell significantly short of the standards ./Mr_Mark_Thompson_-_Professional_conduct_panel_outcome_.pdf-expected of the profession. ./Mr_Mark_Thompson_-_Professional_conduct_panel_outcome_.pdf- ./Mr_Mark_Thompson_-_Professional_conduct_panel_outcome_.pdf:The findings of misconduct are particularly serious as they include developing a sexual ./Mr_Mark_Thompson_-_Professional_conduct_panel_outcome_.pdf-relationship with a former pupil and dishonesty. ./Mr_Mark_Thompson_-_Professional_conduct_panel_outcome_.pdf- ./Mr_Mark_Thompson_-_Professional_conduct_panel_outcome_.pdf-I have to determine whether the imposition of a prohibition order is proportionate and in ./Mr_Mark_Thompson_-_Professional_conduct_panel_outcome_.pdf-the public interest. In considering that for this case, I have considered the overall aim of a ./Mr_Mark_Thompson_-_Professional_conduct_panel_outcome_.pdf-prohibition order which is to protect pupils and to maintain public confidence in the ./Mr_Mark_Thompson_-_Professional_conduct_panel_outcome_.pdf-profession. I have considered the extent to which a prohibition order in this case would ./Mr_Mark_Thompson_-_Professional_conduct_panel_outcome_.pdf-achieve that aim taking into account the impact that it will have on the individual teacher. ./Mr_Mark_Thompson_-_Professional_conduct_panel_outcome_.pdf-I have also asked myself, whether a less intrusive measure, such as the published ./Mr_Mark_Thompson_-_Professional_conduct_panel_outcome_.pdf-finding of unacceptable professional conduct and conduct that may bring the profession ./Mr_Mark_Thompson_-_Professional_conduct_panel_outcome_.pdf-into disrepute, would itself be sufficient to achieve the overall aim. I have to consider -- ./Mr_Mark_Thompson_-_Professional_conduct_panel_outcome_.pdf:against Mr Thompson, which involved him developing a sexual relationship with a former ./Mr_Mark_Thompson_-_Professional_conduct_panel_outcome_.pdf-pupil, who had only recently left the Academy and for whom he had a pastoral, as well as ./Mr_Mark_Thompson_-_Professional_conduct_panel_outcome_.pdf-teaching role, there was a strong public interest consideration in respect of the protection ./Mr_Mark_Thompson_-_Professional_conduct_panel_outcome_.pdf-of pupils.” I am particularly mindful of the finding of dishonesty in this case and the impact ./Mr_Mark_Thompson_-_Professional_conduct_panel_outcome_.pdf-that such a finding has on the reputation of the profession. ./Mr_Mark_Thompson_-_Professional_conduct_panel_outcome_.pdf- ./Mr_Mark_Thompson_-_Professional_conduct_panel_outcome_.pdf-I have had to consider that the public has a high expectation of professional standards of ./Mr_Mark_Thompson_-_Professional_conduct_panel_outcome_.pdf-all teachers and that the public might regard a failure to impose a prohibition order as a ./Mr_Mark_Thompson_-_Professional_conduct_panel_outcome_.pdf-failure to uphold those high standards. In weighing these considerations, I have had to ./Mr_Mark_Thompson_-_Professional_conduct_panel_outcome_.pdf-consider the matter from the point of view of an “ordinary intelligent and well-informed ./Mr_Mark_Thompson_-_Professional_conduct_panel_outcome_.pdf-citizen.” -- ./Mr_Mark_Thompson_-_Professional_conduct_panel_outcome_.pdf-For these reasons, I have concluded that a prohibition order is proportionate and in the ./Mr_Mark_Thompson_-_Professional_conduct_panel_outcome_.pdf-public interest in order to achieve the intended aims of a prohibition order. ./Mr_Mark_Thompson_-_Professional_conduct_panel_outcome_.pdf- ./Mr_Mark_Thompson_-_Professional_conduct_panel_outcome_.pdf-I have gone on to consider the matter of a review period. In this case, the panel has ./Mr_Mark_Thompson_-_Professional_conduct_panel_outcome_.pdf-recommended that no provision should be made for a review period. ./Mr_Mark_Thompson_-_Professional_conduct_panel_outcome_.pdf- ./Mr_Mark_Thompson_-_Professional_conduct_panel_outcome_.pdf-I have considered the panel’s comments “In the panel's view, the behaviour of Mr ./Mr_Mark_Thompson_-_Professional_conduct_panel_outcome_.pdf-Thompson was towards the most extreme end of the seriousness spectrum. Not only had ./Mr_Mark_Thompson_-_Professional_conduct_panel_outcome_.pdf:he had a sexual relationship, over a number of months, with a former pupil soon after she ./Mr_Mark_Thompson_-_Professional_conduct_panel_outcome_.pdf-had left, he had provided a false account to the Academy when given the opportunity to ./Mr_Mark_Thompson_-_Professional_conduct_panel_outcome_.pdf-be honest. These were deliberate acts and, the panel considered, it would have been ./Mr_Mark_Thompson_-_Professional_conduct_panel_outcome_.pdf-blatantly obvious to a newly qualified teacher, let alone a teacher with some experience ./Mr_Mark_Thompson_-_Professional_conduct_panel_outcome_.pdf-as Mr Thompson had, that his conduct was manifestly incompatible with that of a ./Mr_Mark_Thompson_-_Professional_conduct_panel_outcome_.pdf-teacher.” ./Mr_Mark_Thompson_-_Professional_conduct_panel_outcome_.pdf- ./Mr_Mark_Thompson_-_Professional_conduct_panel_outcome_.pdf-I have considered whether not allowing a review period reflects the seriousness of the ./Mr_Mark_Thompson_-_Professional_conduct_panel_outcome_.pdf-findings and is a proportionate period to achieve the aim of maintaining public confidence ./Mr_Mark_Thompson_-_Professional_conduct_panel_outcome_.pdf-in the profession. In this case, two factors mean that a 2 year review period is not ./Mr_Mark_Thompson_-_Professional_conduct_panel_outcome_.pdf-sufficient to achieve the aim of maintaining public confidence in the profession. These ./Mr_Martyn_Yallop_Professional_conduct_panel_outcome__Redacted_for_WEB_.pdf- c. allowing Pupil A in his vehicle; ./Mr_Martyn_Yallop_Professional_conduct_panel_outcome__Redacted_for_WEB_.pdf- d. [REDACTED] ./Mr_Martyn_Yallop_Professional_conduct_panel_outcome__Redacted_for_WEB_.pdf- e. [REDACTED] ./Mr_Martyn_Yallop_Professional_conduct_panel_outcome__Redacted_for_WEB_.pdf- f. [REDACTED] ./Mr_Martyn_Yallop_Professional_conduct_panel_outcome__Redacted_for_WEB_.pdf- 2. After his employment at the Arthur Terry School in Sutton Coldfield, he engaged in ./Mr_Martyn_Yallop_Professional_conduct_panel_outcome__Redacted_for_WEB_.pdf- an inappropriate relationship with Pupil A in or around 2019, by; ./Mr_Martyn_Yallop_Professional_conduct_panel_outcome__Redacted_for_WEB_.pdf- a. communicating with Pupil A via Skype and/or Snapchat; ./Mr_Martyn_Yallop_Professional_conduct_panel_outcome__Redacted_for_WEB_.pdf- b. posting one or more comments on Twitter and/or Instagram which related to ./Mr_Martyn_Yallop_Professional_conduct_panel_outcome__Redacted_for_WEB_.pdf- Pupil A; ./Mr_Martyn_Yallop_Professional_conduct_panel_outcome__Redacted_for_WEB_.pdf- 3. One or more aspects of his conduct as may be found proven at 1 and/or 2 above; ./Mr_Martyn_Yallop_Professional_conduct_panel_outcome__Redacted_for_WEB_.pdf: a. was conduct of a [REDACTED] and/or was sexually motivated; ./Mr_Martyn_Yallop_Professional_conduct_panel_outcome__Redacted_for_WEB_.pdf- b. demonstrated a lack of insight into previous advice and/or guidance he had ./Mr_Martyn_Yallop_Professional_conduct_panel_outcome__Redacted_for_WEB_.pdf- been given by the school, including; ./Mr_Martyn_Yallop_Professional_conduct_panel_outcome__Redacted_for_WEB_.pdf- i. in or around May 2013, to maintain a level of professional distance with ./Mr_Martyn_Yallop_Professional_conduct_panel_outcome__Redacted_for_WEB_.pdf- pupils and/or the need for his social networking activity private; ./Mr_Martyn_Yallop_Professional_conduct_panel_outcome__Redacted_for_WEB_.pdf- ii. in or around May 2017, to maintain a professional boundary with Pupil ./Mr_Martyn_Yallop_Professional_conduct_panel_outcome__Redacted_for_WEB_.pdf- A; ./Mr_Martyn_Yallop_Professional_conduct_panel_outcome__Redacted_for_WEB_.pdf- iii. in or around June 2017, to not be in a one to one situation with Pupil A ./Mr_Martyn_Yallop_Professional_conduct_panel_outcome__Redacted_for_WEB_.pdf- without the presence of other members of staff and/or other members of ./Mr_Martyn_Yallop_Professional_conduct_panel_outcome__Redacted_for_WEB_.pdf- staff being aware of the situation; ./Mr_Martyn_Yallop_Professional_conduct_panel_outcome__Redacted_for_WEB_.pdf- iv. in or around June 2017, to not spend time with Pupil A. -- ./Mr_Martyn_Yallop_Professional_conduct_panel_outcome__Redacted_for_WEB_.pdf-The designated safeguarding lead stated that she had received an anonymous report ./Mr_Martyn_Yallop_Professional_conduct_panel_outcome__Redacted_for_WEB_.pdf-from a fellow student on 26 April 2019 providing numerous web links evidencing that ./Mr_Martyn_Yallop_Professional_conduct_panel_outcome__Redacted_for_WEB_.pdf-Pupil A was still in contact with Mr Yallop via social media. The designated safeguarding ./Mr_Martyn_Yallop_Professional_conduct_panel_outcome__Redacted_for_WEB_.pdf-lead stated that she had informed Pupil A’s father of this. She also described a report ./Mr_Martyn_Yallop_Professional_conduct_panel_outcome__Redacted_for_WEB_.pdf-from a colleague sharing concerns that Mr Yallop had tagged Pupil A and addressed a ./Mr_Martyn_Yallop_Professional_conduct_panel_outcome__Redacted_for_WEB_.pdf-comment to her that stated “you fucking legend” on 26 June 2019. The panel has seen a ./Mr_Martyn_Yallop_Professional_conduct_panel_outcome__Redacted_for_WEB_.pdf-screenshot of this comment. ./Mr_Martyn_Yallop_Professional_conduct_panel_outcome__Redacted_for_WEB_.pdf- ./Mr_Martyn_Yallop_Professional_conduct_panel_outcome__Redacted_for_WEB_.pdf-Pupil A’s father stated that he had subsequently confiscated Pupil A’s electronic devices ./Mr_Martyn_Yallop_Professional_conduct_panel_outcome__Redacted_for_WEB_.pdf-and had found evidence of a Snapchat message from Mr Yallop to Pupil A stating “I love ./Mr_Martyn_Yallop_Professional_conduct_panel_outcome__Redacted_for_WEB_.pdf:you too sexy baby”. He also found records of Skype calls including calls on 17 May 2019 ./Mr_Martyn_Yallop_Professional_conduct_panel_outcome__Redacted_for_WEB_.pdf-and 18 May 2019. The panel has seen screen shots containing records of these calls. ./Mr_Martyn_Yallop_Professional_conduct_panel_outcome__Redacted_for_WEB_.pdf-Pupil A’s father stated that he also found a number of posts which could relate to Pupil A ./Mr_Martyn_Yallop_Professional_conduct_panel_outcome__Redacted_for_WEB_.pdf-on Mr Yallop’s Twitter account and has provided those posts to the panel. ./Mr_Martyn_Yallop_Professional_conduct_panel_outcome__Redacted_for_WEB_.pdf- ./Mr_Martyn_Yallop_Professional_conduct_panel_outcome__Redacted_for_WEB_.pdf-Pupil D provided evidence that Pupil A had posted a message on her Twitter profile on ./Mr_Martyn_Yallop_Professional_conduct_panel_outcome__Redacted_for_WEB_.pdf-26 April 2019 and Mr Yallop replied with an emoji. She also described that when she, ./Mr_Martyn_Yallop_Professional_conduct_panel_outcome__Redacted_for_WEB_.pdf-Pupil A and other friends had gone on holiday, Mr Yallop had put a photograph on his ./Mr_Martyn_Yallop_Professional_conduct_panel_outcome__Redacted_for_WEB_.pdf-Instagram story of him and said “have a nice time in [REDACTED]”. The panel has seen ./Mr_Martyn_Yallop_Professional_conduct_panel_outcome__Redacted_for_WEB_.pdf-these screenshots and noted that the latter also stated “Send me lots of photos”, “I’ll miss ./Mr_Martyn_Yallop_Professional_conduct_panel_outcome__Redacted_for_WEB_.pdf-u” and “I know u like this photo”. -- ./Mr_Martyn_Yallop_Professional_conduct_panel_outcome__Redacted_for_WEB_.pdf-Pupil A by communicating with Pupil A in the manner alleged in both sub-paragraphs of ./Mr_Martyn_Yallop_Professional_conduct_panel_outcome__Redacted_for_WEB_.pdf-this allegation. The panel found this allegation proven in its entirety. ./Mr_Martyn_Yallop_Professional_conduct_panel_outcome__Redacted_for_WEB_.pdf- ./Mr_Martyn_Yallop_Professional_conduct_panel_outcome__Redacted_for_WEB_.pdf- 3. One or more aspects of your conduct as may be found proven at 1 and/or 2 ./Mr_Martyn_Yallop_Professional_conduct_panel_outcome__Redacted_for_WEB_.pdf- above; ./Mr_Martyn_Yallop_Professional_conduct_panel_outcome__Redacted_for_WEB_.pdf- ./Mr_Martyn_Yallop_Professional_conduct_panel_outcome__Redacted_for_WEB_.pdf: a. was conduct of a [REDACTED] and/or was sexually motivated; ./Mr_Martyn_Yallop_Professional_conduct_panel_outcome__Redacted_for_WEB_.pdf- ./Mr_Martyn_Yallop_Professional_conduct_panel_outcome__Redacted_for_WEB_.pdf-The panel has found it proven that, during the meeting at the park, Mr Yallop had ./Mr_Martyn_Yallop_Professional_conduct_panel_outcome__Redacted_for_WEB_.pdf-[REDACTED] The panel were also of the view that Mr Yallop had cultivated his ./Mr_Martyn_Yallop_Professional_conduct_panel_outcome__Redacted_for_WEB_.pdf-inappropriate relationship with Pupil A over the passage of time. This was evidenced by ./Mr_Martyn_Yallop_Professional_conduct_panel_outcome__Redacted_for_WEB_.pdf-the numerous reports expressing concern about his contact with her. Mr Yallop had been ./Mr_Martyn_Yallop_Professional_conduct_panel_outcome__Redacted_for_WEB_.pdf-working on a one to one basis with Pupil A and had himself made a report on 16 May ./Mr_Martyn_Yallop_Professional_conduct_panel_outcome__Redacted_for_WEB_.pdf-2017 that gave rise to concerns about her vulnerability. From the evidence of Pupil A’s ./Mr_Martyn_Yallop_Professional_conduct_panel_outcome__Redacted_for_WEB_.pdf-fellow students, it is apparent that Pupil A was isolating herself from her friends, finding ./Mr_Martyn_Yallop_Professional_conduct_panel_outcome__Redacted_for_WEB_.pdf-excuses to see Mr Yallop, and exchanging inappropriate eye contact during break time ./Mr_Martyn_Yallop_Professional_conduct_panel_outcome__Redacted_for_WEB_.pdf-and at lunch. The panel formed the view that Mr Yallop had, under the guise of providing ./Mr_Martyn_Yallop_Professional_conduct_panel_outcome__Redacted_for_WEB_.pdf-support to Pupil A,developed her dependence upon him and [REDACTED] it was more ./Mr_Martyn_Yallop_Professional_conduct_panel_outcome__Redacted_for_WEB_.pdf:likely than not that his actions were in pursuit of a sexual relationship with her. ./Mr_Martyn_Yallop_Professional_conduct_panel_outcome__Redacted_for_WEB_.pdf- ./Mr_Martyn_Yallop_Professional_conduct_panel_outcome__Redacted_for_WEB_.pdf-The panel therefore found that this allegation is proven. ./Mr_Martyn_Yallop_Professional_conduct_panel_outcome__Redacted_for_WEB_.pdf- ./Mr_Martyn_Yallop_Professional_conduct_panel_outcome__Redacted_for_WEB_.pdf- b. demonstrated a lack of insight into previous advice and/or guidance ./Mr_Martyn_Yallop_Professional_conduct_panel_outcome__Redacted_for_WEB_.pdf- you had been given by the school including; ./Mr_Martyn_Yallop_Professional_conduct_panel_outcome__Redacted_for_WEB_.pdf- ./Mr_Martyn_Yallop_Professional_conduct_panel_outcome__Redacted_for_WEB_.pdf- i. in or around May 2013, to maintain a level of ./Mr_Martyn_Yallop_Professional_conduct_panel_outcome__Redacted_for_WEB_.pdf- professional distance with pupils and/or the need for ./Mr_Martyn_Yallop_Professional_conduct_panel_outcome__Redacted_for_WEB_.pdf- your social networking activity private; ./Mr_Martyn_Yallop_Professional_conduct_panel_outcome__Redacted_for_WEB_.pdf- -- ./Mr_Martyn_Yallop_Professional_conduct_panel_outcome__Redacted_for_WEB_.pdf-Yallop sharing techniques for handling Pupil A [REDACTED]. This increased her ./Mr_Martyn_Yallop_Professional_conduct_panel_outcome__Redacted_for_WEB_.pdf-dependence upon him and he ought to have ensured she received support from those ./Mr_Martyn_Yallop_Professional_conduct_panel_outcome__Redacted_for_WEB_.pdf-with the right expertise to assist. ./Mr_Martyn_Yallop_Professional_conduct_panel_outcome__Redacted_for_WEB_.pdf- ./Mr_Martyn_Yallop_Professional_conduct_panel_outcome__Redacted_for_WEB_.pdf-The panel was satisfied that the conduct of Mr Yallop amounted to misconduct of a ./Mr_Martyn_Yallop_Professional_conduct_panel_outcome__Redacted_for_WEB_.pdf-serious nature which fell significantly short of the standards expected of the profession. ./Mr_Martyn_Yallop_Professional_conduct_panel_outcome__Redacted_for_WEB_.pdf- ./Mr_Martyn_Yallop_Professional_conduct_panel_outcome__Redacted_for_WEB_.pdf-The panel also considered whether Mr Yallop’s conduct displayed behaviours associated ./Mr_Martyn_Yallop_Professional_conduct_panel_outcome__Redacted_for_WEB_.pdf-with any of the offences listed on pages 10 and 11 of the Advice. ./Mr_Martyn_Yallop_Professional_conduct_panel_outcome__Redacted_for_WEB_.pdf- ./Mr_Martyn_Yallop_Professional_conduct_panel_outcome__Redacted_for_WEB_.pdf:The panel found that the offence of sexual activity was relevant. The Advice indicates ./Mr_Martyn_Yallop_Professional_conduct_panel_outcome__Redacted_for_WEB_.pdf-that where behaviours associated with such an offence exist, a panel is likely to conclude ./Mr_Martyn_Yallop_Professional_conduct_panel_outcome__Redacted_for_WEB_.pdf-that an individual’s conduct would amount to unacceptable professional conduct. ./Mr_Martyn_Yallop_Professional_conduct_panel_outcome__Redacted_for_WEB_.pdf- ./Mr_Martyn_Yallop_Professional_conduct_panel_outcome__Redacted_for_WEB_.pdf-The panel noted that the allegations took place both inside and outside the education ./Mr_Martyn_Yallop_Professional_conduct_panel_outcome__Redacted_for_WEB_.pdf-setting. It led to Pupil A being subjected to his behaviour in a damaging way, developing ./Mr_Martyn_Yallop_Professional_conduct_panel_outcome__Redacted_for_WEB_.pdf-a reliance upon him to the serious detriment of her relationship with family and friends. ./Mr_Martyn_Yallop_Professional_conduct_panel_outcome__Redacted_for_WEB_.pdf-Additionally, these matters have impacted upon Pupil A’s education and her academic ./Mr_Martyn_Yallop_Professional_conduct_panel_outcome__Redacted_for_WEB_.pdf-achievements, with her having to repeat a year to obtain the grades she required. Since ./Mr_Martyn_Yallop_Professional_conduct_panel_outcome__Redacted_for_WEB_.pdf-[REDACTED], it has become apparent that knowledge of these events is known to ./Mr_Martyn_Yallop_Professional_conduct_panel_outcome__Redacted_for_WEB_.pdf-another student impacting upon her ability to move on. The panel acknowledged the -- ./Mr_Martyn_Yallop_Professional_conduct_panel_outcome__Redacted_for_WEB_.pdf-proportionate measure, and whether it would be in the public interest to do so. Prohibition ./Mr_Martyn_Yallop_Professional_conduct_panel_outcome__Redacted_for_WEB_.pdf-orders should not be given in order to be punitive, or to show that blame has been ./Mr_Martyn_Yallop_Professional_conduct_panel_outcome__Redacted_for_WEB_.pdf-apportioned, although they are likely to have punitive effect. ./Mr_Martyn_Yallop_Professional_conduct_panel_outcome__Redacted_for_WEB_.pdf- ./Mr_Martyn_Yallop_Professional_conduct_panel_outcome__Redacted_for_WEB_.pdf-The panel had regard to the particular public interest considerations set out in the Advice ./Mr_Martyn_Yallop_Professional_conduct_panel_outcome__Redacted_for_WEB_.pdf-and, having done so, found all of them to be relevant in this case, namely the protection ./Mr_Martyn_Yallop_Professional_conduct_panel_outcome__Redacted_for_WEB_.pdf-of pupils; the protection of other members of the public; the maintenance of public ./Mr_Martyn_Yallop_Professional_conduct_panel_outcome__Redacted_for_WEB_.pdf-confidence in the profession; and declaring and upholding proper standards of conduct. ./Mr_Martyn_Yallop_Professional_conduct_panel_outcome__Redacted_for_WEB_.pdf- ./Mr_Martyn_Yallop_Professional_conduct_panel_outcome__Redacted_for_WEB_.pdf-In the light of the panel’s findings against Mr Yallop which involved his cultivation and ./Mr_Martyn_Yallop_Professional_conduct_panel_outcome__Redacted_for_WEB_.pdf:pursuit of an inappropriate sexual relationship with a vulnerable pupil, there was a strong ./Mr_Martyn_Yallop_Professional_conduct_panel_outcome__Redacted_for_WEB_.pdf-public interest consideration in respect of the protection of pupils. ./Mr_Martyn_Yallop_Professional_conduct_panel_outcome__Redacted_for_WEB_.pdf- ./Mr_Martyn_Yallop_Professional_conduct_panel_outcome__Redacted_for_WEB_.pdf-Similarly, the panel considered that public confidence in the profession could be seriously ./Mr_Martyn_Yallop_Professional_conduct_panel_outcome__Redacted_for_WEB_.pdf-weakened if Mr Yallop’s conduct was not treated with the utmost seriousness when ./Mr_Martyn_Yallop_Professional_conduct_panel_outcome__Redacted_for_WEB_.pdf-regulating the conduct of the profession. ./Mr_Martyn_Yallop_Professional_conduct_panel_outcome__Redacted_for_WEB_.pdf- ./Mr_Martyn_Yallop_Professional_conduct_panel_outcome__Redacted_for_WEB_.pdf-The panel concluded that a strong public interest consideration in declaring proper ./Mr_Martyn_Yallop_Professional_conduct_panel_outcome__Redacted_for_WEB_.pdf-standards of conduct in the profession was also present as Mr Yallop’s conduct was ./Mr_Martyn_Yallop_Professional_conduct_panel_outcome__Redacted_for_WEB_.pdf-completely outside that which could reasonably be tolerated. ./Mr_Martyn_Yallop_Professional_conduct_panel_outcome__Redacted_for_WEB_.pdf- -- ./Mr_Martyn_Yallop_Professional_conduct_panel_outcome__Redacted_for_WEB_.pdf- particularly where there is a continuing risk; ./Mr_Martyn_Yallop_Professional_conduct_panel_outcome__Redacted_for_WEB_.pdf- ./Mr_Martyn_Yallop_Professional_conduct_panel_outcome__Redacted_for_WEB_.pdf- • actions or behaviours that undermine fundamental British values of …. the rule ./Mr_Martyn_Yallop_Professional_conduct_panel_outcome__Redacted_for_WEB_.pdf- of law…; ./Mr_Martyn_Yallop_Professional_conduct_panel_outcome__Redacted_for_WEB_.pdf- ./Mr_Martyn_Yallop_Professional_conduct_panel_outcome__Redacted_for_WEB_.pdf- • a deep-seated attitude that leads to harmful behaviour; ./Mr_Martyn_Yallop_Professional_conduct_panel_outcome__Redacted_for_WEB_.pdf- ./Mr_Martyn_Yallop_Professional_conduct_panel_outcome__Redacted_for_WEB_.pdf- • abuse of position or trust (particularly involving vulnerable pupils) or violation of ./Mr_Martyn_Yallop_Professional_conduct_panel_outcome__Redacted_for_WEB_.pdf- the rights of pupils; ./Mr_Martyn_Yallop_Professional_conduct_panel_outcome__Redacted_for_WEB_.pdf- ./Mr_Martyn_Yallop_Professional_conduct_panel_outcome__Redacted_for_WEB_.pdf: • sexual misconduct, for example, involving actions that were sexually motivated ./Mr_Martyn_Yallop_Professional_conduct_panel_outcome__Redacted_for_WEB_.pdf: or of a sexual nature and/or that use or exploit the trust, knowledge or influence ./Mr_Martyn_Yallop_Professional_conduct_panel_outcome__Redacted_for_WEB_.pdf- derived from the individual’s professional position; ./Mr_Martyn_Yallop_Professional_conduct_panel_outcome__Redacted_for_WEB_.pdf- ./Mr_Martyn_Yallop_Professional_conduct_panel_outcome__Redacted_for_WEB_.pdf-Notwithstanding that some of the behaviours found proved in this case indicated that a ./Mr_Martyn_Yallop_Professional_conduct_panel_outcome__Redacted_for_WEB_.pdf-prohibition order would be appropriate, the panel went on to consider the mitigating ./Mr_Martyn_Yallop_Professional_conduct_panel_outcome__Redacted_for_WEB_.pdf-factors. Mitigating factors may indicate that a prohibition order would not be appropriate ./Mr_Martyn_Yallop_Professional_conduct_panel_outcome__Redacted_for_WEB_.pdf-or proportionate. ./Mr_Martyn_Yallop_Professional_conduct_panel_outcome__Redacted_for_WEB_.pdf- ./Mr_Martyn_Yallop_Professional_conduct_panel_outcome__Redacted_for_WEB_.pdf:The panel has found that Mr Yallop’s actions were deliberate, calculated and sexually ./Mr_Martyn_Yallop_Professional_conduct_panel_outcome__Redacted_for_WEB_.pdf-motivated. ./Mr_Martyn_Yallop_Professional_conduct_panel_outcome__Redacted_for_WEB_.pdf- ./Mr_Martyn_Yallop_Professional_conduct_panel_outcome__Redacted_for_WEB_.pdf-There was no evidence to suggest that Mr Yallop was acting under duress. Although ./Mr_Martyn_Yallop_Professional_conduct_panel_outcome__Redacted_for_WEB_.pdf-there was an indication that Mr Yallop may have had his own [REDACTED], no medical ./Mr_Martyn_Yallop_Professional_conduct_panel_outcome__Redacted_for_WEB_.pdf-evidence has been presented by Mr Yallop that the panel could take into account. ./Mr_Martyn_Yallop_Professional_conduct_panel_outcome__Redacted_for_WEB_.pdf- ./Mr_Martyn_Yallop_Professional_conduct_panel_outcome__Redacted_for_WEB_.pdf-The panel had limited evidence of Mr Yallop’s previous history and noted that he had ./Mr_Martyn_Yallop_Professional_conduct_panel_outcome__Redacted_for_WEB_.pdf-been provided with advice as far back as 2013 about the need to maintain professional ./Mr_Martyn_Yallop_Professional_conduct_panel_outcome__Redacted_for_WEB_.pdf-distance and observe requirements regarding social media. ./Mr_Martyn_Yallop_Professional_conduct_panel_outcome__Redacted_for_WEB_.pdf- -- ./Mr_Martyn_Yallop_Professional_conduct_panel_outcome__Redacted_for_WEB_.pdf-immediate effect. ./Mr_Martyn_Yallop_Professional_conduct_panel_outcome__Redacted_for_WEB_.pdf- ./Mr_Martyn_Yallop_Professional_conduct_panel_outcome__Redacted_for_WEB_.pdf-The panel went on to consider whether or not it would be appropriate for it to decide to ./Mr_Martyn_Yallop_Professional_conduct_panel_outcome__Redacted_for_WEB_.pdf-recommend a review period of the order. The panel was mindful that the Advice states ./Mr_Martyn_Yallop_Professional_conduct_panel_outcome__Redacted_for_WEB_.pdf-that a prohibition order applies for life, but there may be circumstances, in any given ./Mr_Martyn_Yallop_Professional_conduct_panel_outcome__Redacted_for_WEB_.pdf-case, that may make it appropriate to allow a teacher to apply to have the prohibition ./Mr_Martyn_Yallop_Professional_conduct_panel_outcome__Redacted_for_WEB_.pdf-order reviewed after a specified period of time that may not be less than 2 years. ./Mr_Martyn_Yallop_Professional_conduct_panel_outcome__Redacted_for_WEB_.pdf- ./Mr_Martyn_Yallop_Professional_conduct_panel_outcome__Redacted_for_WEB_.pdf-The Advice indicates that there are behaviours that, if proved, would militate against the ./Mr_Martyn_Yallop_Professional_conduct_panel_outcome__Redacted_for_WEB_.pdf-recommendation of a review period. One of these behaviours includes [REDACTED], such ./Mr_Martyn_Yallop_Professional_conduct_panel_outcome__Redacted_for_WEB_.pdf:as where the act was sexually motivated and resulted in, or had the potential to result in, ./Mr_Martyn_Yallop_Professional_conduct_panel_outcome__Redacted_for_WEB_.pdf-harm to a person or persons, particularly where the individual has ./Mr_Martyn_Yallop_Professional_conduct_panel_outcome__Redacted_for_WEB_.pdf- ./Mr_Martyn_Yallop_Professional_conduct_panel_outcome__Redacted_for_WEB_.pdf- 17 ./Mr_Martyn_Yallop_Professional_conduct_panel_outcome__Redacted_for_WEB_.pdf- -- ./Mr_Martyn_Yallop_Professional_conduct_panel_outcome__Redacted_for_WEB_.pdf- ./Mr_Martyn_Yallop_Professional_conduct_panel_outcome__Redacted_for_WEB_.pdf-For these reasons, I have concluded that a prohibition order is proportionate and in the ./Mr_Martyn_Yallop_Professional_conduct_panel_outcome__Redacted_for_WEB_.pdf-public interest in order to achieve the intended aims of a prohibition order. ./Mr_Martyn_Yallop_Professional_conduct_panel_outcome__Redacted_for_WEB_.pdf- ./Mr_Martyn_Yallop_Professional_conduct_panel_outcome__Redacted_for_WEB_.pdf-I have gone on to consider the matter of a review period. In this case, the panel has ./Mr_Martyn_Yallop_Professional_conduct_panel_outcome__Redacted_for_WEB_.pdf-recommended that no provision should be made for a review period. ./Mr_Martyn_Yallop_Professional_conduct_panel_outcome__Redacted_for_WEB_.pdf- ./Mr_Martyn_Yallop_Professional_conduct_panel_outcome__Redacted_for_WEB_.pdf-I have considered the panel’s comments “The Advice indicates that there are behaviours ./Mr_Martyn_Yallop_Professional_conduct_panel_outcome__Redacted_for_WEB_.pdf-that, if proved, would militate against the recommendation of a review period. One of ./Mr_Martyn_Yallop_Professional_conduct_panel_outcome__Redacted_for_WEB_.pdf-these behaviours includes serious [REDACTED] misconduct, such as where the act was ./Mr_Martyn_Yallop_Professional_conduct_panel_outcome__Redacted_for_WEB_.pdf:sexually motivated and resulted in, or had the potential to result in, harm to a person or ./Mr_Martyn_Yallop_Professional_conduct_panel_outcome__Redacted_for_WEB_.pdf-persons, particularly where the individual has used his professional position to influence ./Mr_Martyn_Yallop_Professional_conduct_panel_outcome__Redacted_for_WEB_.pdf-or exploit a person or persons.” ./Mr_Martyn_Yallop_Professional_conduct_panel_outcome__Redacted_for_WEB_.pdf- ./Mr_Martyn_Yallop_Professional_conduct_panel_outcome__Redacted_for_WEB_.pdf-I have considered whether allowing for a no review period reflects the seriousness of the ./Mr_Martyn_Yallop_Professional_conduct_panel_outcome__Redacted_for_WEB_.pdf-findings and is proportionate and necessary to achieve the aim of maintaining public ./Mr_Martyn_Yallop_Professional_conduct_panel_outcome__Redacted_for_WEB_.pdf-confidence in the profession. In this case, the factors that mean a no review is necessary ./Mr_Martyn_Yallop_Professional_conduct_panel_outcome__Redacted_for_WEB_.pdf:and proportionate are the serious sexual misconduct and the lack of insight and remorse. ./Mr_Martyn_Yallop_Professional_conduct_panel_outcome__Redacted_for_WEB_.pdf- ./Mr_Martyn_Yallop_Professional_conduct_panel_outcome__Redacted_for_WEB_.pdf-I consider therefore that allowing for no review period is necessary to maintain public ./Mr_Martyn_Yallop_Professional_conduct_panel_outcome__Redacted_for_WEB_.pdf-confidence and is proportionate and in the public interest. ./Mr_Martyn_Yallop_Professional_conduct_panel_outcome__Redacted_for_WEB_.pdf- ./Mr_Martyn_Yallop_Professional_conduct_panel_outcome__Redacted_for_WEB_.pdf- ./Mr_Martyn_Yallop_Professional_conduct_panel_outcome__Redacted_for_WEB_.pdf- ./Mr_Martyn_Yallop_Professional_conduct_panel_outcome__Redacted_for_WEB_.pdf- ./Mr_Martyn_Yallop_Professional_conduct_panel_outcome__Redacted_for_WEB_.pdf- 20 ./Mr_Martyn_Yallop_Professional_conduct_panel_outcome__Redacted_for_WEB_.pdf- ./Mr_Michael_Shepherd_-_Professional_conduct_panel_outcome.pdf-September 2018. A referral was also made to the TRA from Humberside Police on 8 ./Mr_Michael_Shepherd_-_Professional_conduct_panel_outcome.pdf-October 2018. ./Mr_Michael_Shepherd_-_Professional_conduct_panel_outcome.pdf- ./Mr_Michael_Shepherd_-_Professional_conduct_panel_outcome.pdf-On 30 October 2019, Mr Shepherd was convicted of nine counts of making an indecent ./Mr_Michael_Shepherd_-_Professional_conduct_panel_outcome.pdf-photograph/pseudo photograph of a child and one count of voyeurism. On 20 November ./Mr_Michael_Shepherd_-_Professional_conduct_panel_outcome.pdf-2019, Mr Shepherd was sentenced to 12 months’ imprisonment suspended for 24 ./Mr_Michael_Shepherd_-_Professional_conduct_panel_outcome.pdf:months, to complete 40 days’ rehabilitation activity requirement and to sign the sex ./Mr_Michael_Shepherd_-_Professional_conduct_panel_outcome.pdf-offender register for a period of 10 years. ./Mr_Michael_Shepherd_-_Professional_conduct_panel_outcome.pdf- ./Mr_Michael_Shepherd_-_Professional_conduct_panel_outcome.pdf-Following a determination meeting on 11 February 2020, the allegation was referred to a ./Mr_Michael_Shepherd_-_Professional_conduct_panel_outcome.pdf-professional conduct panel hearing of the TRA. The notice of referral was sent to Mr ./Mr_Michael_Shepherd_-_Professional_conduct_panel_outcome.pdf-Shepherd on 8 October 2020 and 17 November 2020. The notice of proceedings was ./Mr_Michael_Shepherd_-_Professional_conduct_panel_outcome.pdf-sent to Mr Shepherd on 10 March 2021. ./Mr_Michael_Shepherd_-_Professional_conduct_panel_outcome.pdf- ./Mr_Michael_Shepherd_-_Professional_conduct_panel_outcome.pdf-Mr Shepherd did not respond to the notice of proceedings, nor did he otherwise engage ./Mr_Michael_Shepherd_-_Professional_conduct_panel_outcome.pdf-with the TRA process or formally admit the allegation against him. ./Mr_Michael_Shepherd_-_Professional_conduct_panel_outcome.pdf- -- ./Mr_Michael_Shepherd_-_Professional_conduct_panel_outcome.pdf- ./Mr_Michael_Shepherd_-_Professional_conduct_panel_outcome.pdf-The panel also took account of the way the teaching profession is viewed by others. The ./Mr_Michael_Shepherd_-_Professional_conduct_panel_outcome.pdf-panel considered that Mr Shepherd’s behaviours in committing the offences could affect ./Mr_Michael_Shepherd_-_Professional_conduct_panel_outcome.pdf-public confidence in the teaching profession, given the influence that teachers may have ./Mr_Michael_Shepherd_-_Professional_conduct_panel_outcome.pdf-on pupils, parents and others in the community. ./Mr_Michael_Shepherd_-_Professional_conduct_panel_outcome.pdf- ./Mr_Michael_Shepherd_-_Professional_conduct_panel_outcome.pdf-The panel noted that Mr Shepherd’s behaviours ultimately led to a sentence of ./Mr_Michael_Shepherd_-_Professional_conduct_panel_outcome.pdf-imprisonment, (albeit that it was suspended), which was indicative of the seriousness of ./Mr_Michael_Shepherd_-_Professional_conduct_panel_outcome.pdf-the offences committed. ./Mr_Michael_Shepherd_-_Professional_conduct_panel_outcome.pdf- ./Mr_Michael_Shepherd_-_Professional_conduct_panel_outcome.pdf:This was a case concerning offences involving (a) sexual activity and/or (b) any activity ./Mr_Michael_Shepherd_-_Professional_conduct_panel_outcome.pdf-involving viewing, taking, making, possessing, distributing, or publishing any indecent ./Mr_Michael_Shepherd_-_Professional_conduct_panel_outcome.pdf-photograph or image or pseudo photograph or image of a child, or permitting any such ./Mr_Michael_Shepherd_-_Professional_conduct_panel_outcome.pdf- ./Mr_Michael_Shepherd_-_Professional_conduct_panel_outcome.pdf- ./Mr_Michael_Shepherd_-_Professional_conduct_panel_outcome.pdf- 8 ./Mr_Michael_Shepherd_-_Professional_conduct_panel_outcome.pdf- -- ./Mr_Michael_Shepherd_-_Professional_conduct_panel_outcome.pdf-prohibition order may be appropriate if certain behaviours of a teacher have been proved. ./Mr_Michael_Shepherd_-_Professional_conduct_panel_outcome.pdf-In the list of such behaviours, those that were relevant in this case were: ./Mr_Michael_Shepherd_-_Professional_conduct_panel_outcome.pdf- ./Mr_Michael_Shepherd_-_Professional_conduct_panel_outcome.pdf- • serious departure from the personal and professional conduct elements of the ./Mr_Michael_Shepherd_-_Professional_conduct_panel_outcome.pdf- Teachers’ Standards; ./Mr_Michael_Shepherd_-_Professional_conduct_panel_outcome.pdf- ./Mr_Michael_Shepherd_-_Professional_conduct_panel_outcome.pdf: • sexual misconduct, for example, involving actions that were sexually motivated or ./Mr_Michael_Shepherd_-_Professional_conduct_panel_outcome.pdf: of a sexual nature and/or that use or exploit the trust, knowledge or influence ./Mr_Michael_Shepherd_-_Professional_conduct_panel_outcome.pdf- derived from the individual’s professional position; ./Mr_Michael_Shepherd_-_Professional_conduct_panel_outcome.pdf- ./Mr_Michael_Shepherd_-_Professional_conduct_panel_outcome.pdf- • any activity involving viewing, taking, making, possessing, distributing or ./Mr_Michael_Shepherd_-_Professional_conduct_panel_outcome.pdf- publishing any indecent photograph or image or pseudo photograph or image of a ./Mr_Michael_Shepherd_-_Professional_conduct_panel_outcome.pdf- child, or permitting such activity, including one-off incidents; ./Mr_Michael_Shepherd_-_Professional_conduct_panel_outcome.pdf- ./Mr_Michael_Shepherd_-_Professional_conduct_panel_outcome.pdf- • the commission of a serious criminal offence, including those that resulted in a ./Mr_Michael_Shepherd_-_Professional_conduct_panel_outcome.pdf- conviction or caution, paying particular attention to offences that are ‘relevant ./Mr_Michael_Shepherd_-_Professional_conduct_panel_outcome.pdf- matters’ for the purposes of The Police Act 1997 and criminal record disclosures. ./Mr_Michael_Shepherd_-_Professional_conduct_panel_outcome.pdf- -- ./Mr_Michael_Shepherd_-_Professional_conduct_panel_outcome.pdf-The panel went on to consider whether or not it would be appropriate for it to decide to ./Mr_Michael_Shepherd_-_Professional_conduct_panel_outcome.pdf-recommend a review period of the order. The panel was mindful that the Advice states ./Mr_Michael_Shepherd_-_Professional_conduct_panel_outcome.pdf-that a prohibition order applies for life, but there may be circumstances, in any given ./Mr_Michael_Shepherd_-_Professional_conduct_panel_outcome.pdf-case, that may make it appropriate to allow a teacher to apply to have the prohibition ./Mr_Michael_Shepherd_-_Professional_conduct_panel_outcome.pdf-order reviewed after a specified period of time that may not be less than 2 years. ./Mr_Michael_Shepherd_-_Professional_conduct_panel_outcome.pdf- ./Mr_Michael_Shepherd_-_Professional_conduct_panel_outcome.pdf-The Advice indicates that there are behaviours that, if proved, would militate against the ./Mr_Michael_Shepherd_-_Professional_conduct_panel_outcome.pdf-recommendation of a review period. The panel considered that the following were ./Mr_Michael_Shepherd_-_Professional_conduct_panel_outcome.pdf-relevant in respect of Mr Shepherd: ./Mr_Michael_Shepherd_-_Professional_conduct_panel_outcome.pdf- ./Mr_Michael_Shepherd_-_Professional_conduct_panel_outcome.pdf: • serious sexual misconduct, such as where the act was sexually motivated and ./Mr_Michael_Shepherd_-_Professional_conduct_panel_outcome.pdf- resulted in, or had the potential to result in, harm to a person or persons, ./Mr_Michael_Shepherd_-_Professional_conduct_panel_outcome.pdf- particularly where the individual has used his professional position to influence or ./Mr_Michael_Shepherd_-_Professional_conduct_panel_outcome.pdf- exploit a person or persons; ./Mr_Michael_Shepherd_-_Professional_conduct_panel_outcome.pdf- ./Mr_Michael_Shepherd_-_Professional_conduct_panel_outcome.pdf- • any activity involving viewing, taking, making, possessing, distributing or ./Mr_Michael_Shepherd_-_Professional_conduct_panel_outcome.pdf- publishing any indecent photograph or image or pseudo photograph or image of a ./Mr_Michael_Shepherd_-_Professional_conduct_panel_outcome.pdf- child. ./Mr_Michael_Shepherd_-_Professional_conduct_panel_outcome.pdf- ./Mr_Michael_Shepherd_-_Professional_conduct_panel_outcome.pdf-The panel decided that the findings indicated a situation in which a review period would ./Mr_Michael_Shepherd_-_Professional_conduct_panel_outcome.pdf-not be appropriate and, as such, decided that it would be proportionate, in all the ./Mr_Nasser_Khalil_Professional_conduct_panel_meeting_outcome.pdf-Allegations ./Mr_Nasser_Khalil_Professional_conduct_panel_meeting_outcome.pdf-The panel considered the allegations set out in the notice of meeting dated 10 ./Mr_Nasser_Khalil_Professional_conduct_panel_meeting_outcome.pdf-September 2021. ./Mr_Nasser_Khalil_Professional_conduct_panel_meeting_outcome.pdf- ./Mr_Nasser_Khalil_Professional_conduct_panel_meeting_outcome.pdf-It was alleged that Mr Khalil was guilty of having been convicted of a relevant offence, in ./Mr_Nasser_Khalil_Professional_conduct_panel_meeting_outcome.pdf-that: ./Mr_Nasser_Khalil_Professional_conduct_panel_meeting_outcome.pdf- ./Mr_Nasser_Khalil_Professional_conduct_panel_meeting_outcome.pdf-1. On or around 15 November 2019 you were convicted of: ./Mr_Nasser_Khalil_Professional_conduct_panel_meeting_outcome.pdf- ./Mr_Nasser_Khalil_Professional_conduct_panel_meeting_outcome.pdf: (a) Adult attempt to engage in sexual communication with a child; ./Mr_Nasser_Khalil_Professional_conduct_panel_meeting_outcome.pdf- ./Mr_Nasser_Khalil_Professional_conduct_panel_meeting_outcome.pdf: (b) Attempt to cause/incite a girl under 13 to engage in sexual activity – no penetration. ./Mr_Nasser_Khalil_Professional_conduct_panel_meeting_outcome.pdf- ./Mr_Nasser_Khalil_Professional_conduct_panel_meeting_outcome.pdf-Mr Khalil admitted the facts of allegations 1(a) and 1(b) and that his behaviour amounted ./Mr_Nasser_Khalil_Professional_conduct_panel_meeting_outcome.pdf-to a conviction of a relevant offence, as set out in the response to the notice of referral, ./Mr_Nasser_Khalil_Professional_conduct_panel_meeting_outcome.pdf-dated 28 October 2020, and in the statement of agreed facts signed by Mr Khalil on 6 ./Mr_Nasser_Khalil_Professional_conduct_panel_meeting_outcome.pdf-July 2021. ./Mr_Nasser_Khalil_Professional_conduct_panel_meeting_outcome.pdf- ./Mr_Nasser_Khalil_Professional_conduct_panel_meeting_outcome.pdf- ./Mr_Nasser_Khalil_Professional_conduct_panel_meeting_outcome.pdf-Preliminary applications ./Mr_Nasser_Khalil_Professional_conduct_panel_meeting_outcome.pdf-There were no preliminary applications. ./Mr_Nasser_Khalil_Professional_conduct_panel_meeting_outcome.pdf- -- ./Mr_Nasser_Khalil_Professional_conduct_panel_meeting_outcome.pdf-The panel carefully considered the case and reached a decision. ./Mr_Nasser_Khalil_Professional_conduct_panel_meeting_outcome.pdf- ./Mr_Nasser_Khalil_Professional_conduct_panel_meeting_outcome.pdf-In advance of the meeting, the TRA agreed to a request from Mr Khalil for the allegations ./Mr_Nasser_Khalil_Professional_conduct_panel_meeting_outcome.pdf-to be considered without a hearing. The panel had the ability to direct that the case be ./Mr_Nasser_Khalil_Professional_conduct_panel_meeting_outcome.pdf-considered at a hearing if required in the interests of justice or in the public interest. The ./Mr_Nasser_Khalil_Professional_conduct_panel_meeting_outcome.pdf-panel did not determine that such a direction was necessary or appropriate in this case. ./Mr_Nasser_Khalil_Professional_conduct_panel_meeting_outcome.pdf- ./Mr_Nasser_Khalil_Professional_conduct_panel_meeting_outcome.pdf-Mr Khalil was employed by Oasis Blackenhale Junior School (‘the School’), as a key ./Mr_Nasser_Khalil_Professional_conduct_panel_meeting_outcome.pdf-stage 1 and 2 supply teacher from 7 December 2015 to 13 November 2019. ./Mr_Nasser_Khalil_Professional_conduct_panel_meeting_outcome.pdf- ./Mr_Nasser_Khalil_Professional_conduct_panel_meeting_outcome.pdf:Mr Khalil sent sexualised messages to an online profile posing as a 12-year-old girl ./Mr_Nasser_Khalil_Professional_conduct_panel_meeting_outcome.pdf-between the 6 and 13 November 2019. ./Mr_Nasser_Khalil_Professional_conduct_panel_meeting_outcome.pdf- ./Mr_Nasser_Khalil_Professional_conduct_panel_meeting_outcome.pdf-Mr Khalil was arrested by West Midlands Police, on 14 November 2019, and admitted to ./Mr_Nasser_Khalil_Professional_conduct_panel_meeting_outcome.pdf:sending sexualised messages. ./Mr_Nasser_Khalil_Professional_conduct_panel_meeting_outcome.pdf- ./Mr_Nasser_Khalil_Professional_conduct_panel_meeting_outcome.pdf-On 15 November 2019, Mr Khalil was found guilty at Birmingham & Solihull Magistrates’ ./Mr_Nasser_Khalil_Professional_conduct_panel_meeting_outcome.pdf-Court of the offences: ./Mr_Nasser_Khalil_Professional_conduct_panel_meeting_outcome.pdf- ./Mr_Nasser_Khalil_Professional_conduct_panel_meeting_outcome.pdf:1(a) “Adult Attempt to engage in sexual communication with a child” ./Mr_Nasser_Khalil_Professional_conduct_panel_meeting_outcome.pdf- ./Mr_Nasser_Khalil_Professional_conduct_panel_meeting_outcome.pdf:1(b)_ “Attempt/cause/incite a girl under the age of 13 to engage in sexual activity – no ./Mr_Nasser_Khalil_Professional_conduct_panel_meeting_outcome.pdf- penetration”. ./Mr_Nasser_Khalil_Professional_conduct_panel_meeting_outcome.pdf- ./Mr_Nasser_Khalil_Professional_conduct_panel_meeting_outcome.pdf-On 14 January 2020, Mr Khalil was sentenced at Birmingham Crown Court to 20 months’ ./Mr_Nasser_Khalil_Professional_conduct_panel_meeting_outcome.pdf-imprisonment in respect of allegation 1(b); 12 months’ imprisonment concurrent in ./Mr_Nasser_Khalil_Professional_conduct_panel_meeting_outcome.pdf- ./Mr_Nasser_Khalil_Professional_conduct_panel_meeting_outcome.pdf- ./Mr_Nasser_Khalil_Professional_conduct_panel_meeting_outcome.pdf- 5 ./Mr_Nasser_Khalil_Professional_conduct_panel_meeting_outcome.pdf- -- ./Mr_Nasser_Khalil_Professional_conduct_panel_meeting_outcome.pdf:respect of allegation 1(a); and a sexual harm prevention order for a period of 10 years ./Mr_Nasser_Khalil_Professional_conduct_panel_meeting_outcome.pdf-until further order. ./Mr_Nasser_Khalil_Professional_conduct_panel_meeting_outcome.pdf- ./Mr_Nasser_Khalil_Professional_conduct_panel_meeting_outcome.pdf-The TRA received a referral from West Midlands Police on 18 November 2019 and Mr ./Mr_Nasser_Khalil_Professional_conduct_panel_meeting_outcome.pdf-Khalil’s employer, Monarch Education, on 15 January 2020. ./Mr_Nasser_Khalil_Professional_conduct_panel_meeting_outcome.pdf- ./Mr_Nasser_Khalil_Professional_conduct_panel_meeting_outcome.pdf-On 2 February 2021, Mr Khalil confirmed that all allegations as detailed in the notice of ./Mr_Nasser_Khalil_Professional_conduct_panel_meeting_outcome.pdf-referral were admitted. ./Mr_Nasser_Khalil_Professional_conduct_panel_meeting_outcome.pdf- ./Mr_Nasser_Khalil_Professional_conduct_panel_meeting_outcome.pdf-Findings of fact ./Mr_Nasser_Khalil_Professional_conduct_panel_meeting_outcome.pdf- ./Mr_Nasser_Khalil_Professional_conduct_panel_meeting_outcome.pdf-The findings of fact are as follows: ./Mr_Nasser_Khalil_Professional_conduct_panel_meeting_outcome.pdf- ./Mr_Nasser_Khalil_Professional_conduct_panel_meeting_outcome.pdf-The panel found the following particulars of the allegations against you proved, for these ./Mr_Nasser_Khalil_Professional_conduct_panel_meeting_outcome.pdf-reasons: ./Mr_Nasser_Khalil_Professional_conduct_panel_meeting_outcome.pdf- ./Mr_Nasser_Khalil_Professional_conduct_panel_meeting_outcome.pdf-1. On or around 15 November 2019 you were convicted of: ./Mr_Nasser_Khalil_Professional_conduct_panel_meeting_outcome.pdf- ./Mr_Nasser_Khalil_Professional_conduct_panel_meeting_outcome.pdf: a. Adult attempt to engage in sexual communication with a child; ./Mr_Nasser_Khalil_Professional_conduct_panel_meeting_outcome.pdf- ./Mr_Nasser_Khalil_Professional_conduct_panel_meeting_outcome.pdf: b. Attempt to cause/incite a girl under 13 to engage in sexual activity – no ./Mr_Nasser_Khalil_Professional_conduct_panel_meeting_outcome.pdf- penetration. ./Mr_Nasser_Khalil_Professional_conduct_panel_meeting_outcome.pdf- ./Mr_Nasser_Khalil_Professional_conduct_panel_meeting_outcome.pdf-The panel noted page 8 of the Teacher Misconduct: The Prohibition of Teachers (“the ./Mr_Nasser_Khalil_Professional_conduct_panel_meeting_outcome.pdf-Advice”) which states that where there has been a conviction at any time of a criminal ./Mr_Nasser_Khalil_Professional_conduct_panel_meeting_outcome.pdf-offence, the hearing will not re-examine the facts of the case and the panel will accept ./Mr_Nasser_Khalil_Professional_conduct_panel_meeting_outcome.pdf-the conviction as conclusive proof that establishes the relevant fact. ./Mr_Nasser_Khalil_Professional_conduct_panel_meeting_outcome.pdf- ./Mr_Nasser_Khalil_Professional_conduct_panel_meeting_outcome.pdf-The panel had been provided with a copy of the certificate of conviction from The Crown ./Mr_Nasser_Khalil_Professional_conduct_panel_meeting_outcome.pdf-Court at Birmingham, which detailed that Mr Khalil had been convicted of adult attempt to ./Mr_Nasser_Khalil_Professional_conduct_panel_meeting_outcome.pdf:engage in sexual communications with a child and attempt to cause/incite a girl under 13 ./Mr_Nasser_Khalil_Professional_conduct_panel_meeting_outcome.pdf:to engage in sexual activity – no penetration, in respect of his actions between 6 and 13 ./Mr_Nasser_Khalil_Professional_conduct_panel_meeting_outcome.pdf-November 2019. ./Mr_Nasser_Khalil_Professional_conduct_panel_meeting_outcome.pdf- ./Mr_Nasser_Khalil_Professional_conduct_panel_meeting_outcome.pdf-In addition, the panel noted that within the statement of agreement facts, signed by Mr ./Mr_Nasser_Khalil_Professional_conduct_panel_meeting_outcome.pdf-Khalil on 6 July 2021, Mr Khalil admitted the facts of allegation 1(a) and 1(b). ./Mr_Nasser_Khalil_Professional_conduct_panel_meeting_outcome.pdf- ./Mr_Nasser_Khalil_Professional_conduct_panel_meeting_outcome.pdf-On examination of the documents before the panel, the panel was satisfied that the facts ./Mr_Nasser_Khalil_Professional_conduct_panel_meeting_outcome.pdf-of allegation 1 were proven. ./Mr_Nasser_Khalil_Professional_conduct_panel_meeting_outcome.pdf- ./Mr_Nasser_Khalil_Professional_conduct_panel_meeting_outcome.pdf- ./Mr_Nasser_Khalil_Professional_conduct_panel_meeting_outcome.pdf- -- ./Mr_Nasser_Khalil_Professional_conduct_panel_meeting_outcome.pdf- • Teachers uphold public trust in the profession and maintain high standards of ./Mr_Nasser_Khalil_Professional_conduct_panel_meeting_outcome.pdf- ethics and behaviour, within and outside school. ./Mr_Nasser_Khalil_Professional_conduct_panel_meeting_outcome.pdf- ./Mr_Nasser_Khalil_Professional_conduct_panel_meeting_outcome.pdf- • Teachers must have an understanding of, and always act within, the statutory ./Mr_Nasser_Khalil_Professional_conduct_panel_meeting_outcome.pdf- frameworks which set out their professional duties and responsibilities. ./Mr_Nasser_Khalil_Professional_conduct_panel_meeting_outcome.pdf- ./Mr_Nasser_Khalil_Professional_conduct_panel_meeting_outcome.pdf-The panel noted that the offence had taken place outside of the school setting and had ./Mr_Nasser_Khalil_Professional_conduct_panel_meeting_outcome.pdf-not involved pupils from the School where Mr Khalil worked or other members of staff. ./Mr_Nasser_Khalil_Professional_conduct_panel_meeting_outcome.pdf-However, the panel concluded that Mr Khalil’s actions were relevant to teaching, working ./Mr_Nasser_Khalil_Professional_conduct_panel_meeting_outcome.pdf-with children and/or working in an education setting in that Mr Khalil had attempted to ./Mr_Nasser_Khalil_Professional_conduct_panel_meeting_outcome.pdf:engage in sexual communications with a child and attempt to cause/incite a girl under the ./Mr_Nasser_Khalil_Professional_conduct_panel_meeting_outcome.pdf:age of 13 to engage in sexual activity, and Mr Khalil was responsible for teaching ./Mr_Nasser_Khalil_Professional_conduct_panel_meeting_outcome.pdf-individuals of that age (and younger). ./Mr_Nasser_Khalil_Professional_conduct_panel_meeting_outcome.pdf- ./Mr_Nasser_Khalil_Professional_conduct_panel_meeting_outcome.pdf-The panel noted that the behaviour involved in committing the offence could have had an ./Mr_Nasser_Khalil_Professional_conduct_panel_meeting_outcome.pdf-impact on the safety or security of pupils and/or members of the public. ./Mr_Nasser_Khalil_Professional_conduct_panel_meeting_outcome.pdf- ./Mr_Nasser_Khalil_Professional_conduct_panel_meeting_outcome.pdf-The panel also took account of the way the teaching profession is viewed by others. The ./Mr_Nasser_Khalil_Professional_conduct_panel_meeting_outcome.pdf-panel considered that Mr Khalil’s behaviour in committing the offence could affect public ./Mr_Nasser_Khalil_Professional_conduct_panel_meeting_outcome.pdf-confidence in the teaching profession, given the influence that teachers may have on ./Mr_Nasser_Khalil_Professional_conduct_panel_meeting_outcome.pdf-pupils, parents and others in the community. ./Mr_Nasser_Khalil_Professional_conduct_panel_meeting_outcome.pdf- ./Mr_Nasser_Khalil_Professional_conduct_panel_meeting_outcome.pdf-The panel noted that Mr Khalil’s behaviour ultimately led to a sentence of imprisonment, ./Mr_Nasser_Khalil_Professional_conduct_panel_meeting_outcome.pdf-which was indicative of the seriousness of the offences committed. ./Mr_Nasser_Khalil_Professional_conduct_panel_meeting_outcome.pdf- ./Mr_Nasser_Khalil_Professional_conduct_panel_meeting_outcome.pdf:This was a case involving an offence of a sexual nature, which the Advice states is more ./Mr_Nasser_Khalil_Professional_conduct_panel_meeting_outcome.pdf-likely to be considered a relevant offence. ./Mr_Nasser_Khalil_Professional_conduct_panel_meeting_outcome.pdf- ./Mr_Nasser_Khalil_Professional_conduct_panel_meeting_outcome.pdf-The panel found that the seriousness of the offending behaviour that led to the conviction ./Mr_Nasser_Khalil_Professional_conduct_panel_meeting_outcome.pdf-was relevant to Mr Khalil’s ongoing suitability to teach. The panel considered that this ./Mr_Nasser_Khalil_Professional_conduct_panel_meeting_outcome.pdf-conviction was for a relevant offence and it was necessary to reaffirm clear standards of ./Mr_Nasser_Khalil_Professional_conduct_panel_meeting_outcome.pdf-conduct so as to maintain public confidence in the teaching profession. ./Mr_Nasser_Khalil_Professional_conduct_panel_meeting_outcome.pdf- ./Mr_Nasser_Khalil_Professional_conduct_panel_meeting_outcome.pdf- ./Mr_Nasser_Khalil_Professional_conduct_panel_meeting_outcome.pdf- ./Mr_Nasser_Khalil_Professional_conduct_panel_meeting_outcome.pdf- -- ./Mr_Nasser_Khalil_Professional_conduct_panel_meeting_outcome.pdf-orders should not be given in order to be punitive, or to show that blame has been ./Mr_Nasser_Khalil_Professional_conduct_panel_meeting_outcome.pdf-apportioned, although they are likely to have punitive effect. ./Mr_Nasser_Khalil_Professional_conduct_panel_meeting_outcome.pdf- ./Mr_Nasser_Khalil_Professional_conduct_panel_meeting_outcome.pdf-The panel had regard to the particular public interest considerations set out in the Advice ./Mr_Nasser_Khalil_Professional_conduct_panel_meeting_outcome.pdf-and, having done so, found a number of them to be relevant in this case, namely: the ./Mr_Nasser_Khalil_Professional_conduct_panel_meeting_outcome.pdf-protection of pupils, the protection of other members of the public, the maintenance of ./Mr_Nasser_Khalil_Professional_conduct_panel_meeting_outcome.pdf-public confidence in the profession and declaring and upholding proper standards of ./Mr_Nasser_Khalil_Professional_conduct_panel_meeting_outcome.pdf-conduct. ./Mr_Nasser_Khalil_Professional_conduct_panel_meeting_outcome.pdf- ./Mr_Nasser_Khalil_Professional_conduct_panel_meeting_outcome.pdf-In the light of the panel’s findings against Mr Khalil, which involved attempting to engage ./Mr_Nasser_Khalil_Professional_conduct_panel_meeting_outcome.pdf:in sexual communication with a child and attempting to cause/incite a girl under the age ./Mr_Nasser_Khalil_Professional_conduct_panel_meeting_outcome.pdf:of 13 to engage in sexual activity – no penetration, there was a strong public interest ./Mr_Nasser_Khalil_Professional_conduct_panel_meeting_outcome.pdf-consideration in respect of the protection of pupils given the serious findings of ./Mr_Nasser_Khalil_Professional_conduct_panel_meeting_outcome.pdf-inappropriate communications with a child. ./Mr_Nasser_Khalil_Professional_conduct_panel_meeting_outcome.pdf- ./Mr_Nasser_Khalil_Professional_conduct_panel_meeting_outcome.pdf-Similarly, the panel considered that public confidence in the profession could be seriously ./Mr_Nasser_Khalil_Professional_conduct_panel_meeting_outcome.pdf-weakened if conduct such as that found against Mr Khalil were not treated with the ./Mr_Nasser_Khalil_Professional_conduct_panel_meeting_outcome.pdf-utmost seriousness when regulating the conduct of the profession. ./Mr_Nasser_Khalil_Professional_conduct_panel_meeting_outcome.pdf- ./Mr_Nasser_Khalil_Professional_conduct_panel_meeting_outcome.pdf-The panel decided that a strong public interest consideration in declaring proper ./Mr_Nasser_Khalil_Professional_conduct_panel_meeting_outcome.pdf-standards of conduct in the profession was also present as the conduct found against Mr ./Mr_Nasser_Khalil_Professional_conduct_panel_meeting_outcome.pdf-Khalil was outside that which could reasonably be tolerated. -- ./Mr_Nasser_Khalil_Professional_conduct_panel_meeting_outcome.pdf- • abuse of position or trust (particularly involving vulnerable pupils) or violation of the ./Mr_Nasser_Khalil_Professional_conduct_panel_meeting_outcome.pdf- rights of pupils; ./Mr_Nasser_Khalil_Professional_conduct_panel_meeting_outcome.pdf- ./Mr_Nasser_Khalil_Professional_conduct_panel_meeting_outcome.pdf- • sustained deliberate behaviour that undermines pupils, the profession, the school ./Mr_Nasser_Khalil_Professional_conduct_panel_meeting_outcome.pdf- or colleagues; ./Mr_Nasser_Khalil_Professional_conduct_panel_meeting_outcome.pdf- ./Mr_Nasser_Khalil_Professional_conduct_panel_meeting_outcome.pdf: • sexual misconduct, for example, involving actions that were sexually motivated or ./Mr_Nasser_Khalil_Professional_conduct_panel_meeting_outcome.pdf: of a sexual nature and/or that use or exploit the trust, knowledge or influence ./Mr_Nasser_Khalil_Professional_conduct_panel_meeting_outcome.pdf- derived from the individual’s professional position; ./Mr_Nasser_Khalil_Professional_conduct_panel_meeting_outcome.pdf- ./Mr_Nasser_Khalil_Professional_conduct_panel_meeting_outcome.pdf- • the commission of a serious criminal offence, including those that resulted in a ./Mr_Nasser_Khalil_Professional_conduct_panel_meeting_outcome.pdf- conviction or caution, paying particular attention to offences that are ‘relevant ./Mr_Nasser_Khalil_Professional_conduct_panel_meeting_outcome.pdf- matters’ for the purposes of The Police Act 1997 and criminal record disclosures. ./Mr_Nasser_Khalil_Professional_conduct_panel_meeting_outcome.pdf- ./Mr_Nasser_Khalil_Professional_conduct_panel_meeting_outcome.pdf-Even though some of the behaviour found proved in this case indicated that a prohibition ./Mr_Nasser_Khalil_Professional_conduct_panel_meeting_outcome.pdf-order would be appropriate, the panel went on to consider the mitigating factors. ./Mr_Nasser_Khalil_Professional_conduct_panel_meeting_outcome.pdf-Mitigating factors may indicate that a prohibition order would not be appropriate or ./Mr_Nasser_Khalil_Professional_conduct_panel_meeting_outcome.pdf-proportionate. -- ./Mr_Nasser_Khalil_Professional_conduct_panel_meeting_outcome.pdf-The panel went on to consider whether or not it would be appropriate to recommend that ./Mr_Nasser_Khalil_Professional_conduct_panel_meeting_outcome.pdf-a review period of the order should be considered. The panel was mindful that the Advice ./Mr_Nasser_Khalil_Professional_conduct_panel_meeting_outcome.pdf-states that a prohibition order applies for life, but there may be circumstances, in any ./Mr_Nasser_Khalil_Professional_conduct_panel_meeting_outcome.pdf-given case, that may make it appropriate to allow a teacher to apply to have the ./Mr_Nasser_Khalil_Professional_conduct_panel_meeting_outcome.pdf-prohibition order reviewed after a specified period of time that may not be less than 2 ./Mr_Nasser_Khalil_Professional_conduct_panel_meeting_outcome.pdf-years. ./Mr_Nasser_Khalil_Professional_conduct_panel_meeting_outcome.pdf- ./Mr_Nasser_Khalil_Professional_conduct_panel_meeting_outcome.pdf-The Advice indicates that there are behaviours that, if proved, would militate against the ./Mr_Nasser_Khalil_Professional_conduct_panel_meeting_outcome.pdf:recommendation of a review period. One of these behaviours include serious sexual ./Mr_Nasser_Khalil_Professional_conduct_panel_meeting_outcome.pdf:misconduct, such as where the act was sexually motivated and resulted in or had the ./Mr_Nasser_Khalil_Professional_conduct_panel_meeting_outcome.pdf-potential to result in, harm to a person or persons, particularly where the individual has ./Mr_Nasser_Khalil_Professional_conduct_panel_meeting_outcome.pdf-used his professional position to influence or exploit a person or persons. The panel ./Mr_Nasser_Khalil_Professional_conduct_panel_meeting_outcome.pdf-found that Mr Khalil was responsible for having been convicted of an offence relating to ./Mr_Nasser_Khalil_Professional_conduct_panel_meeting_outcome.pdf:and involving sexual activity. ./Mr_Nasser_Khalil_Professional_conduct_panel_meeting_outcome.pdf- ./Mr_Nasser_Khalil_Professional_conduct_panel_meeting_outcome.pdf-The panel decided that the findings indicated a situation in which a review period would ./Mr_Nasser_Khalil_Professional_conduct_panel_meeting_outcome.pdf-not be appropriate and, as such, decided that it would be proportionate in all the ./Mr_Nasser_Khalil_Professional_conduct_panel_meeting_outcome.pdf-circumstances for the prohibition order to be recommended without provisions for a ./Mr_Nasser_Khalil_Professional_conduct_panel_meeting_outcome.pdf-review period. ./Mr_Nasser_Khalil_Professional_conduct_panel_meeting_outcome.pdf- ./Mr_Nasser_Khalil_Professional_conduct_panel_meeting_outcome.pdf- ./Mr_Nasser_Khalil_Professional_conduct_panel_meeting_outcome.pdf-Decision and reasons on behalf of the Secretary of State ./Mr_Nasser_Khalil_Professional_conduct_panel_meeting_outcome.pdf-I have given very careful consideration to this case and to the recommendation of the ./Mr_Nasser_Khalil_Professional_conduct_panel_meeting_outcome.pdf-panel in respect of both sanction and review period. -- ./Mr_Nasser_Khalil_Professional_conduct_panel_meeting_outcome.pdf-The findings of misconduct are particularly serious as they include a finding of a ./Mr_Nasser_Khalil_Professional_conduct_panel_meeting_outcome.pdf:conviction of a relevant offence which involved attempting to engage in sexual ./Mr_Nasser_Khalil_Professional_conduct_panel_meeting_outcome.pdf-communication with a child and attempting to cause/incite a girl under the age of 13 to ./Mr_Nasser_Khalil_Professional_conduct_panel_meeting_outcome.pdf:engage in sexual activity. ./Mr_Nasser_Khalil_Professional_conduct_panel_meeting_outcome.pdf- ./Mr_Nasser_Khalil_Professional_conduct_panel_meeting_outcome.pdf-I have to determine whether the imposition of a prohibition order is proportionate and in ./Mr_Nasser_Khalil_Professional_conduct_panel_meeting_outcome.pdf-the public interest. In considering that for this case, I have considered the overall aim of a ./Mr_Nasser_Khalil_Professional_conduct_panel_meeting_outcome.pdf-prohibition order which is to protect pupils and to maintain public confidence in the ./Mr_Nasser_Khalil_Professional_conduct_panel_meeting_outcome.pdf-profession. I have considered the extent to which a prohibition order in this case would ./Mr_Nasser_Khalil_Professional_conduct_panel_meeting_outcome.pdf-achieve that aim taking into account the impact that it will have on the individual teacher. ./Mr_Nasser_Khalil_Professional_conduct_panel_meeting_outcome.pdf-I have also asked myself, whether a less intrusive measure, such as the published ./Mr_Nasser_Khalil_Professional_conduct_panel_meeting_outcome.pdf-finding of unacceptable professional conduct and conduct that may bring the profession ./Mr_Nasser_Khalil_Professional_conduct_panel_meeting_outcome.pdf-into disrepute, would itself be sufficient to achieve the overall aim. I have to consider ./Mr_Nasser_Khalil_Professional_conduct_panel_meeting_outcome.pdf-whether the consequences of such a publication are themselves sufficient. I have ./Mr_Nasser_Khalil_Professional_conduct_panel_meeting_outcome.pdf-considered therefore whether or not prohibiting Mr Khalil, and the impact that will have on ./Mr_Nasser_Khalil_Professional_conduct_panel_meeting_outcome.pdf-him, is proportionate and in the public interest. ./Mr_Nasser_Khalil_Professional_conduct_panel_meeting_outcome.pdf- ./Mr_Nasser_Khalil_Professional_conduct_panel_meeting_outcome.pdf-In this case, I have considered the extent to which a prohibition order would protect ./Mr_Nasser_Khalil_Professional_conduct_panel_meeting_outcome.pdf-children. The panel has observed, “In the light of the panel’s findings against Mr Khalil, ./Mr_Nasser_Khalil_Professional_conduct_panel_meeting_outcome.pdf:which involved attempting to engage in sexual communication with a child and attempting ./Mr_Nasser_Khalil_Professional_conduct_panel_meeting_outcome.pdf:to cause/incite a girl under the age of 13 to engage in sexual activity – no penetration, ./Mr_Nasser_Khalil_Professional_conduct_panel_meeting_outcome.pdf-there was a strong public interest consideration in respect of the protection of pupils ./Mr_Nasser_Khalil_Professional_conduct_panel_meeting_outcome.pdf-given the serious findings of inappropriate communications with a child.” A prohibition ./Mr_Nasser_Khalil_Professional_conduct_panel_meeting_outcome.pdf-order would therefore prevent such a risk from being present in the future. ./Mr_Nasser_Khalil_Professional_conduct_panel_meeting_outcome.pdf- ./Mr_Nasser_Khalil_Professional_conduct_panel_meeting_outcome.pdf-I have noted that Mr Khalil admitted the facts of the allegations, however the panel did ./Mr_Nasser_Khalil_Professional_conduct_panel_meeting_outcome.pdf-not comment on whether Mr Khalil had provided evidence of insight and/or remorse and ./Mr_Nasser_Khalil_Professional_conduct_panel_meeting_outcome.pdf-in my judgement, the lack of evidence of insight and/or remorse means that there is ./Mr_Nasser_Khalil_Professional_conduct_panel_meeting_outcome.pdf-some risk of repetition of this behaviour and this puts at risk the safety or security of ./Mr_Nasser_Khalil_Professional_conduct_panel_meeting_outcome.pdf-pupils. I have therefore given this element considerable weight in reaching my decision. ./Mr_Nasser_Khalil_Professional_conduct_panel_meeting_outcome.pdf- -- ./Mr_Nasser_Khalil_Professional_conduct_panel_meeting_outcome.pdf- ./Mr_Nasser_Khalil_Professional_conduct_panel_meeting_outcome.pdf-In this case, I have placed considerable weight on the panel’s comments concerning ./Mr_Nasser_Khalil_Professional_conduct_panel_meeting_outcome.pdf-public confidence. The panel has said, “the seriousness of the offending behaviour that ./Mr_Nasser_Khalil_Professional_conduct_panel_meeting_outcome.pdf-led to the conviction was relevant to Mr Khalil’s ongoing suitability to teach. The panel ./Mr_Nasser_Khalil_Professional_conduct_panel_meeting_outcome.pdf-considered that this conviction was for a relevant offence and it was necessary to reaffirm ./Mr_Nasser_Khalil_Professional_conduct_panel_meeting_outcome.pdf-clear standards of conduct so as to maintain public confidence in the teaching ./Mr_Nasser_Khalil_Professional_conduct_panel_meeting_outcome.pdf-profession.” ./Mr_Nasser_Khalil_Professional_conduct_panel_meeting_outcome.pdf- ./Mr_Nasser_Khalil_Professional_conduct_panel_meeting_outcome.pdf-I have also placed considerable weight on the finding of the panel that “Mr Khalil’s ./Mr_Nasser_Khalil_Professional_conduct_panel_meeting_outcome.pdf-actions were relevant to teaching, working with children and/or working in an education ./Mr_Nasser_Khalil_Professional_conduct_panel_meeting_outcome.pdf:setting in that Mr Khalil had attempted to engage in sexual communications with a child ./Mr_Nasser_Khalil_Professional_conduct_panel_meeting_outcome.pdf:and attempt to cause/incite a girl under the age of 13 to engage in sexual activity, and Mr ./Mr_Nasser_Khalil_Professional_conduct_panel_meeting_outcome.pdf-Khalil was responsible for teaching individuals of that age (and younger).” ./Mr_Nasser_Khalil_Professional_conduct_panel_meeting_outcome.pdf- ./Mr_Nasser_Khalil_Professional_conduct_panel_meeting_outcome.pdf-I have given less weight in my consideration of sanction therefore, to the contribution that ./Mr_Nasser_Khalil_Professional_conduct_panel_meeting_outcome.pdf-Mr Khalil has made and is making to the profession. In my view, it is necessary to impose ./Mr_Nasser_Khalil_Professional_conduct_panel_meeting_outcome.pdf-a prohibition order in order to maintain public confidence in the profession. A published ./Mr_Nasser_Khalil_Professional_conduct_panel_meeting_outcome.pdf-decision, in light of the circumstances in this case, does not in my view satisfy the public ./Mr_Nasser_Khalil_Professional_conduct_panel_meeting_outcome.pdf-interest requirement concerning public confidence in the profession. ./Mr_Nasser_Khalil_Professional_conduct_panel_meeting_outcome.pdf- ./Mr_Nasser_Khalil_Professional_conduct_panel_meeting_outcome.pdf-For these reasons, I have concluded that a prohibition order is proportionate and in the ./Mr_Nasser_Khalil_Professional_conduct_panel_meeting_outcome.pdf-public interest in order to achieve the intended aims of a prohibition order. -- ./Mr_Nasser_Khalil_Professional_conduct_panel_meeting_outcome.pdf-I have considered the panel’s comments “The Advice indicates that there are behaviours ./Mr_Nasser_Khalil_Professional_conduct_panel_meeting_outcome.pdf-that, if proved, would militate against the recommendation of a review period. One of ./Mr_Nasser_Khalil_Professional_conduct_panel_meeting_outcome.pdf:these behaviours include serious sexual misconduct, such as where the act was sexually ./Mr_Nasser_Khalil_Professional_conduct_panel_meeting_outcome.pdf-motivated and resulted in or had the potential to result in, harm to a person or persons, ./Mr_Nasser_Khalil_Professional_conduct_panel_meeting_outcome.pdf-particularly where the individual has used his professional position to influence or exploit ./Mr_Nasser_Khalil_Professional_conduct_panel_meeting_outcome.pdf-a person or persons. The panel found that Mr Khalil was responsible for having been ./Mr_Nasser_Khalil_Professional_conduct_panel_meeting_outcome.pdf:convicted of an offence relating to and involving sexual activity.” ./Mr_Nasser_Khalil_Professional_conduct_panel_meeting_outcome.pdf- ./Mr_Nasser_Khalil_Professional_conduct_panel_meeting_outcome.pdf-I have considered whether not allowing a review period reflects the seriousness of the ./Mr_Nasser_Khalil_Professional_conduct_panel_meeting_outcome.pdf-findings and is a proportionate period to achieve the aim of maintaining public confidence ./Mr_Nasser_Khalil_Professional_conduct_panel_meeting_outcome.pdf-in the profession. In this case, three factors mean that allowing a review period is not ./Mr_Nasser_Khalil_Professional_conduct_panel_meeting_outcome.pdf-sufficient to achieve the aim of maintaining public confidence in the profession. These ./Mr_Nasser_Khalil_Professional_conduct_panel_meeting_outcome.pdf-elements are the seriousness of the conviction, lack of either insight or remorse, and the ./Mr_Nasser_Khalil_Professional_conduct_panel_meeting_outcome.pdf-potential risk to pupils. ./Mr_Nasser_Khalil_Professional_conduct_panel_meeting_outcome.pdf- ./Mr_Nasser_Khalil_Professional_conduct_panel_meeting_outcome.pdf-I consider therefore that allowing for no review period is necessary to maintain public ./Mr_Nasser_Khalil_Professional_conduct_panel_meeting_outcome.pdf-confidence and is proportionate and in the public interest. ./Mr_Nathan_Waring__15295_-_SoS_Decision_for_WEB_v_4.0.pdf-relevant offence, in that: ./Mr_Nathan_Waring__15295_-_SoS_Decision_for_WEB_v_4.0.pdf- ./Mr_Nathan_Waring__15295_-_SoS_Decision_for_WEB_v_4.0.pdf- 1. Whilst employed at St Bede’s Prep School between 2004 and 2007, you developed ./Mr_Nathan_Waring__15295_-_SoS_Decision_for_WEB_v_4.0.pdf- an inappropriate relationship with Pupil A, including by: ./Mr_Nathan_Waring__15295_-_SoS_Decision_for_WEB_v_4.0.pdf- ./Mr_Nathan_Waring__15295_-_SoS_Decision_for_WEB_v_4.0.pdf- a. exchanging text messages with her on more than one occasion; ./Mr_Nathan_Waring__15295_-_SoS_Decision_for_WEB_v_4.0.pdf- ./Mr_Nathan_Waring__15295_-_SoS_Decision_for_WEB_v_4.0.pdf- b. exchanging messages with her via email and ‘Meebo’ on more than one ./Mr_Nathan_Waring__15295_-_SoS_Decision_for_WEB_v_4.0.pdf- occasion; ./Mr_Nathan_Waring__15295_-_SoS_Decision_for_WEB_v_4.0.pdf- ./Mr_Nathan_Waring__15295_-_SoS_Decision_for_WEB_v_4.0.pdf: c. exchanging messages with her of a sexual nature; ./Mr_Nathan_Waring__15295_-_SoS_Decision_for_WEB_v_4.0.pdf- ./Mr_Nathan_Waring__15295_-_SoS_Decision_for_WEB_v_4.0.pdf- d. attending a concert together outside of school on at least one occasion; ./Mr_Nathan_Waring__15295_-_SoS_Decision_for_WEB_v_4.0.pdf- ./Mr_Nathan_Waring__15295_-_SoS_Decision_for_WEB_v_4.0.pdf- e. giving her shoulder massages on more than one occasion; ./Mr_Nathan_Waring__15295_-_SoS_Decision_for_WEB_v_4.0.pdf- ./Mr_Nathan_Waring__15295_-_SoS_Decision_for_WEB_v_4.0.pdf- f. kissing her; ./Mr_Nathan_Waring__15295_-_SoS_Decision_for_WEB_v_4.0.pdf- ./Mr_Nathan_Waring__15295_-_SoS_Decision_for_WEB_v_4.0.pdf- g. touching her, including under her clothes over her underwear; ./Mr_Nathan_Waring__15295_-_SoS_Decision_for_WEB_v_4.0.pdf- ./Mr_Nathan_Waring__15295_-_SoS_Decision_for_WEB_v_4.0.pdf- ./Mr_Nathan_Waring__15295_-_SoS_Decision_for_WEB_v_4.0.pdf- 2. Your conduct as may be found proven at allegations 1.c., 1.e., 1.f. and 1.g. was ./Mr_Nathan_Waring__15295_-_SoS_Decision_for_WEB_v_4.0.pdf: conduct of a sexual nature and / or sexually motivated; ./Mr_Nathan_Waring__15295_-_SoS_Decision_for_WEB_v_4.0.pdf- ./Mr_Nathan_Waring__15295_-_SoS_Decision_for_WEB_v_4.0.pdf- 3. Whilst employed at Gresham’s School as Director of Music between 2008 and 2015 ./Mr_Nathan_Waring__15295_-_SoS_Decision_for_WEB_v_4.0.pdf- you: ./Mr_Nathan_Waring__15295_-_SoS_Decision_for_WEB_v_4.0.pdf- ./Mr_Nathan_Waring__15295_-_SoS_Decision_for_WEB_v_4.0.pdf- a. contravened a reasonable management instruction given to you in writing in or ./Mr_Nathan_Waring__15295_-_SoS_Decision_for_WEB_v_4.0.pdf- around May 2009 by exchanging text messages in 2011, and again in 2015, ./Mr_Nathan_Waring__15295_-_SoS_Decision_for_WEB_v_4.0.pdf- with Pupil B whilst she was a pupil at Gresham’s School; ./Mr_Nathan_Waring__15295_-_SoS_Decision_for_WEB_v_4.0.pdf- ./Mr_Nathan_Waring__15295_-_SoS_Decision_for_WEB_v_4.0.pdf- b. failed to maintain professional boundaries in relation to Pupil B in that you ./Mr_Nathan_Waring__15295_-_SoS_Decision_for_WEB_v_4.0.pdf- engaged in inappropriate and / or flirtatious behaviour towards her, including -- ./Mr_Nathan_Waring__15295_-_SoS_Decision_for_WEB_v_4.0.pdf-appear; by taking such measures referred to above to address that unfairness in so far ./Mr_Nathan_Waring__15295_-_SoS_Decision_for_WEB_v_4.0.pdf-as is possible; and taking account of the inconvenience an adjournment would cause to ./Mr_Nathan_Waring__15295_-_SoS_Decision_for_WEB_v_4.0.pdf-the witnesses; that on balance, these are serious allegations and the public interest in ./Mr_Nathan_Waring__15295_-_SoS_Decision_for_WEB_v_4.0.pdf-this hearing proceeding within a reasonable time is in favour of this hearing continuing ./Mr_Nathan_Waring__15295_-_SoS_Decision_for_WEB_v_4.0.pdf-today. The panel considers that it took all reasonable steps open to it to confirm that Mr ./Mr_Nathan_Waring__15295_-_SoS_Decision_for_WEB_v_4.0.pdf-Waring was not legally represented. ./Mr_Nathan_Waring__15295_-_SoS_Decision_for_WEB_v_4.0.pdf- ./Mr_Nathan_Waring__15295_-_SoS_Decision_for_WEB_v_4.0.pdf-The panel considered an application made by the presenting officer to amend the Notice ./Mr_Nathan_Waring__15295_-_SoS_Decision_for_WEB_v_4.0.pdf-of Proceedings by amending Allegation 2. The presenting officer requested that this be ./Mr_Nathan_Waring__15295_-_SoS_Decision_for_WEB_v_4.0.pdf-changed to: “your conduct as may be found at allegations 1.c., 1.e., 1.f. and 1.g. was ./Mr_Nathan_Waring__15295_-_SoS_Decision_for_WEB_v_4.0.pdf:conduct of a sexual nature and/or sexually motivated”. The panel was satisfied that Mr ./Mr_Nathan_Waring__15295_-_SoS_Decision_for_WEB_v_4.0.pdf-Waring had reviewed the allegations and confirmed that he had no objection to this ./Mr_Nathan_Waring__15295_-_SoS_Decision_for_WEB_v_4.0.pdf-amendment. The panel considered that the amendment proposed being a correction of a ./Mr_Nathan_Waring__15295_-_SoS_Decision_for_WEB_v_4.0.pdf-typographical error does not change the nature, scope or seriousness of the allegations. ./Mr_Nathan_Waring__15295_-_SoS_Decision_for_WEB_v_4.0.pdf-There is no prospect of the teacher’s case being presented differently had the ./Mr_Nathan_Waring__15295_-_SoS_Decision_for_WEB_v_4.0.pdf-amendment been made at an earlier stage, and therefore no unfairness or prejudice ./Mr_Nathan_Waring__15295_-_SoS_Decision_for_WEB_v_4.0.pdf-caused to the teacher. The panel therefore decided to amend the allegation as proposed. ./Mr_Nathan_Waring__15295_-_SoS_Decision_for_WEB_v_4.0.pdf- ./Mr_Nathan_Waring__15295_-_SoS_Decision_for_WEB_v_4.0.pdf- ./Mr_Nathan_Waring__15295_-_SoS_Decision_for_WEB_v_4.0.pdf- 6 ./Mr_Nathan_Waring__15295_-_SoS_Decision_for_WEB_v_4.0.pdf- -- ./Mr_Nathan_Waring__15295_-_SoS_Decision_for_WEB_v_4.0.pdf- 1. Whilst employed at St Bede’s Prep School between 2004 and 2007, you ./Mr_Nathan_Waring__15295_-_SoS_Decision_for_WEB_v_4.0.pdf- developed an inappropriate relationship with Pupil A, including by: ./Mr_Nathan_Waring__15295_-_SoS_Decision_for_WEB_v_4.0.pdf- ./Mr_Nathan_Waring__15295_-_SoS_Decision_for_WEB_v_4.0.pdf- a. exchanging text messages with her on more than one occasion; ./Mr_Nathan_Waring__15295_-_SoS_Decision_for_WEB_v_4.0.pdf- ./Mr_Nathan_Waring__15295_-_SoS_Decision_for_WEB_v_4.0.pdf- b. exchanging messages with her via email and ‘Meebo’ on more than one ./Mr_Nathan_Waring__15295_-_SoS_Decision_for_WEB_v_4.0.pdf- occasion; ./Mr_Nathan_Waring__15295_-_SoS_Decision_for_WEB_v_4.0.pdf- ./Mr_Nathan_Waring__15295_-_SoS_Decision_for_WEB_v_4.0.pdf: c. exchanging messages with her of a sexual nature; ./Mr_Nathan_Waring__15295_-_SoS_Decision_for_WEB_v_4.0.pdf- ./Mr_Nathan_Waring__15295_-_SoS_Decision_for_WEB_v_4.0.pdf- d. attending a concert together outside of school on at least one ./Mr_Nathan_Waring__15295_-_SoS_Decision_for_WEB_v_4.0.pdf- occasion; ./Mr_Nathan_Waring__15295_-_SoS_Decision_for_WEB_v_4.0.pdf- ./Mr_Nathan_Waring__15295_-_SoS_Decision_for_WEB_v_4.0.pdf- e. giving her shoulder massages on more than one occasion; ./Mr_Nathan_Waring__15295_-_SoS_Decision_for_WEB_v_4.0.pdf- ./Mr_Nathan_Waring__15295_-_SoS_Decision_for_WEB_v_4.0.pdf- f. kissing her; ./Mr_Nathan_Waring__15295_-_SoS_Decision_for_WEB_v_4.0.pdf- ./Mr_Nathan_Waring__15295_-_SoS_Decision_for_WEB_v_4.0.pdf- g. touching her, including under her clothes over her underwear; ./Mr_Nathan_Waring__15295_-_SoS_Decision_for_WEB_v_4.0.pdf- -- ./Mr_Nathan_Waring__15295_-_SoS_Decision_for_WEB_v_4.0.pdf- 2. Your conduct as may be found proven at allegations 1.c.,1.e., 1.f. and 1.g. ./Mr_Nathan_Waring__15295_-_SoS_Decision_for_WEB_v_4.0.pdf: was conduct of a sexual nature and / or sexually motivated; ./Mr_Nathan_Waring__15295_-_SoS_Decision_for_WEB_v_4.0.pdf- ./Mr_Nathan_Waring__15295_-_SoS_Decision_for_WEB_v_4.0.pdf- ./Mr_Nathan_Waring__15295_-_SoS_Decision_for_WEB_v_4.0.pdf-The panel took into account the evidence as detailed above and considered that it was ./Mr_Nathan_Waring__15295_-_SoS_Decision_for_WEB_v_4.0.pdf-more likely than not that the activity detailed at allegation 1.c., 1.e., 1.f. and 1.g. was ./Mr_Nathan_Waring__15295_-_SoS_Decision_for_WEB_v_4.0.pdf:sexually motivated. The panel therefore found this allegation proven. ./Mr_Nathan_Waring__15295_-_SoS_Decision_for_WEB_v_4.0.pdf- ./Mr_Nathan_Waring__15295_-_SoS_Decision_for_WEB_v_4.0.pdf- 3. Whilst employed at Gresham’s School as Director of Music between 2008 ./Mr_Nathan_Waring__15295_-_SoS_Decision_for_WEB_v_4.0.pdf- and 2015 you: ./Mr_Nathan_Waring__15295_-_SoS_Decision_for_WEB_v_4.0.pdf- ./Mr_Nathan_Waring__15295_-_SoS_Decision_for_WEB_v_4.0.pdf- a. contravened a reasonable management instruction given to you in ./Mr_Nathan_Waring__15295_-_SoS_Decision_for_WEB_v_4.0.pdf- writing in or around May 2009 by exchanging text messages in 2011, and ./Mr_Nathan_Waring__15295_-_SoS_Decision_for_WEB_v_4.0.pdf- again in 2015, with Pupil B whilst she was a pupil at Gresham’s School; ./Mr_Nathan_Waring__15295_-_SoS_Decision_for_WEB_v_4.0.pdf- ./Mr_Nathan_Waring__15295_-_SoS_Decision_for_WEB_v_4.0.pdf-The panel looked at these two instances separately and first looked at the evidence ./Mr_Nathan_Waring__15295_-_SoS_Decision_for_WEB_v_4.0.pdf-concerning the text messages in 2011. The panel took into account the evidence found at -- ./Mr_Nathan_Waring__15295_-_SoS_Decision_for_WEB_v_4.0.pdf- ./Mr_Nathan_Waring__15295_-_SoS_Decision_for_WEB_v_4.0.pdf-  serious departure from the personal and professional conduct elements of the ./Mr_Nathan_Waring__15295_-_SoS_Decision_for_WEB_v_4.0.pdf- Teachers’ Standards; ./Mr_Nathan_Waring__15295_-_SoS_Decision_for_WEB_v_4.0.pdf-  misconduct seriously affecting the education and/or well-being of pupils, and ./Mr_Nathan_Waring__15295_-_SoS_Decision_for_WEB_v_4.0.pdf- particularly where there is a continuing risk; ./Mr_Nathan_Waring__15295_-_SoS_Decision_for_WEB_v_4.0.pdf-  a deep-seated attitude that leads to harmful behaviour; ./Mr_Nathan_Waring__15295_-_SoS_Decision_for_WEB_v_4.0.pdf-  abuse of position or trust (particularly involving vulnerable pupils) or violation of the ./Mr_Nathan_Waring__15295_-_SoS_Decision_for_WEB_v_4.0.pdf- rights of pupils; ./Mr_Nathan_Waring__15295_-_SoS_Decision_for_WEB_v_4.0.pdf-  dishonesty especially where there have been serious consequences, and/or it has ./Mr_Nathan_Waring__15295_-_SoS_Decision_for_WEB_v_4.0.pdf- been repeated and/or covered up; ./Mr_Nathan_Waring__15295_-_SoS_Decision_for_WEB_v_4.0.pdf:  sexual misconduct, e.g. involving actions that were sexually motivated or of a ./Mr_Nathan_Waring__15295_-_SoS_Decision_for_WEB_v_4.0.pdf: sexual nature and/or that use or exploit the trust, knowledge or influence derived ./Mr_Nathan_Waring__15295_-_SoS_Decision_for_WEB_v_4.0.pdf- from the individual’s professional position; ./Mr_Nathan_Waring__15295_-_SoS_Decision_for_WEB_v_4.0.pdf-  the commission of a serious criminal offence, including those that resulted in a ./Mr_Nathan_Waring__15295_-_SoS_Decision_for_WEB_v_4.0.pdf- conviction or caution, paying particular attention to offences that are ‘relevant ./Mr_Nathan_Waring__15295_-_SoS_Decision_for_WEB_v_4.0.pdf- matters’ for the purposes of The Police Act 1997 and criminal record disclosures. ./Mr_Nathan_Waring__15295_-_SoS_Decision_for_WEB_v_4.0.pdf-Even though there were behaviours that would point to a prohibition order being ./Mr_Nathan_Waring__15295_-_SoS_Decision_for_WEB_v_4.0.pdf-appropriate, the panel went on to consider whether or not there were sufficient mitigating ./Mr_Nathan_Waring__15295_-_SoS_Decision_for_WEB_v_4.0.pdf-factors to militate against a prohibition order being an appropriate and proportionate ./Mr_Nathan_Waring__15295_-_SoS_Decision_for_WEB_v_4.0.pdf-measure to impose, particularly taking into account the nature and severity of the ./Mr_Nathan_Waring__15295_-_SoS_Decision_for_WEB_v_4.0.pdf-behaviour in this case. As stated previously, the panel was made aware that Mr Waring ./Mr_Nathan_Waring__15295_-_SoS_Decision_for_WEB_v_4.0.pdf-was under a great deal of professional and personal stress however, when this evidence -- ./Mr_Nathan_Waring__15295_-_SoS_Decision_for_WEB_v_4.0.pdf:dishonesty and serious sexual misconduct, e.g. where the act was sexually motivated ./Mr_Nathan_Waring__15295_-_SoS_Decision_for_WEB_v_4.0.pdf-and resulted in or had the potential to result in, harm to a person or persons, particularly ./Mr_Nathan_Waring__15295_-_SoS_Decision_for_WEB_v_4.0.pdf-where the individual has used their professional position to influence or exploit a person ./Mr_Nathan_Waring__15295_-_SoS_Decision_for_WEB_v_4.0.pdf-or persons. The panel has found that Mr Waring’s behaviours demonstrated dishonesty ./Mr_Nathan_Waring__15295_-_SoS_Decision_for_WEB_v_4.0.pdf:and that he had conducted relationships with pupils which were sexually motivated and in ./Mr_Nathan_Waring__15295_-_SoS_Decision_for_WEB_v_4.0.pdf-some cases, especially with regards to Pupil A, had resulted in harm. ./Mr_Nathan_Waring__15295_-_SoS_Decision_for_WEB_v_4.0.pdf- ./Mr_Nathan_Waring__15295_-_SoS_Decision_for_WEB_v_4.0.pdf-The panel also concluded that Mr Waring had not accepted the consequences of his own ./Mr_Nathan_Waring__15295_-_SoS_Decision_for_WEB_v_4.0.pdf-conduct and had showed no remorse. The panel considered Mr Waring appeared to ./Mr_Nathan_Waring__15295_-_SoS_Decision_for_WEB_v_4.0.pdf-blame others and at no point did Mr Waring seem to accept responsibility for his own ./Mr_Nathan_Waring__15295_-_SoS_Decision_for_WEB_v_4.0.pdf-actions over the past ten years. ./Mr_Nathan_Waring__15295_-_SoS_Decision_for_WEB_v_4.0.pdf- ./Mr_Nathan_Waring__15295_-_SoS_Decision_for_WEB_v_4.0.pdf-The panel felt that Mr Waring had displayed a standard of behaviour which was repetitive ./Mr_Nathan_Waring__15295_-_SoS_Decision_for_WEB_v_4.0.pdf-in nature. The panel also noted that this pattern of behaviour happened at two different ./Mr_Nathan_Waring__15295_-_SoS_Decision_for_WEB_v_4.0.pdf-schools and continued even after a police investigation. The panel concluded that most -- ./Mr_Nathan_Waring__15295_-_SoS_Decision_for_WEB_v_4.0.pdf-power to avoid any repetition. The panel felt that Mr Waring had received plenty of fair ./Mr_Nathan_Waring__15295_-_SoS_Decision_for_WEB_v_4.0.pdf-and reasonable warnings and guidance during his time at Gresham’s school and ./Mr_Nathan_Waring__15295_-_SoS_Decision_for_WEB_v_4.0.pdf-therefore concluded that Mr Waring’s attitude was deep seated, repetitive and dishonest ./Mr_Nathan_Waring__15295_-_SoS_Decision_for_WEB_v_4.0.pdf-in its nature. ./Mr_Nathan_Waring__15295_-_SoS_Decision_for_WEB_v_4.0.pdf- ./Mr_Nathan_Waring__15295_-_SoS_Decision_for_WEB_v_4.0.pdf-Have considered whether a prohibition should not be recommended however, given the ./Mr_Nathan_Waring__15295_-_SoS_Decision_for_WEB_v_4.0.pdf-nature of the allegations and the persistent nature of the behaviour the panel felt there ./Mr_Nathan_Waring__15295_-_SoS_Decision_for_WEB_v_4.0.pdf-was no other choice but to recommend a prohibition order. ./Mr_Nathan_Waring__15295_-_SoS_Decision_for_WEB_v_4.0.pdf- ./Mr_Nathan_Waring__15295_-_SoS_Decision_for_WEB_v_4.0.pdf-The panel went onto consider whether a review period would be appropriate. The panel ./Mr_Nathan_Waring__15295_-_SoS_Decision_for_WEB_v_4.0.pdf:took into consideration the serious sexual misconduct in this case, the dishonesty ./Mr_Nathan_Waring__15295_-_SoS_Decision_for_WEB_v_4.0.pdf-displayed by Mr Waring and found these to be strongly persuasive factors in its decision ./Mr_Nathan_Waring__15295_-_SoS_Decision_for_WEB_v_4.0.pdf-to not recommend a review period. ./Mr_Nathan_Waring__15295_-_SoS_Decision_for_WEB_v_4.0.pdf- ./Mr_Nathan_Waring__15295_-_SoS_Decision_for_WEB_v_4.0.pdf-The panel therefore felt a review period would not be appropriate and as such decided ./Mr_Nathan_Waring__15295_-_SoS_Decision_for_WEB_v_4.0.pdf-that it would be proportionate in all the circumstances for the prohibition order to be ./Mr_Nathan_Waring__15295_-_SoS_Decision_for_WEB_v_4.0.pdf-recommended without provision for a review period. ./Mr_Nathan_Waring__15295_-_SoS_Decision_for_WEB_v_4.0.pdf- ./Mr_Nathan_Waring__15295_-_SoS_Decision_for_WEB_v_4.0.pdf- ./Mr_Nathan_Waring__15295_-_SoS_Decision_for_WEB_v_4.0.pdf-Decision and reasons on behalf of the Secretary of State ./Mr_Nathan_Waring__15295_-_SoS_Decision_for_WEB_v_4.0.pdf-I have given very careful consideration to this case and to the recommendation of the -- ./Mr_Nathan_Waring__15295_-_SoS_Decision_for_WEB_v_4.0.pdf- practices of the school in which they teach, and maintain high standards. ./Mr_Nathan_Waring__15295_-_SoS_Decision_for_WEB_v_4.0.pdf-  Teachers must have an understanding of, and always act within, the statutory ./Mr_Nathan_Waring__15295_-_SoS_Decision_for_WEB_v_4.0.pdf- frameworks which set out their professional duties and responsibilities. ./Mr_Nathan_Waring__15295_-_SoS_Decision_for_WEB_v_4.0.pdf- ./Mr_Nathan_Waring__15295_-_SoS_Decision_for_WEB_v_4.0.pdf- ./Mr_Nathan_Waring__15295_-_SoS_Decision_for_WEB_v_4.0.pdf- ./Mr_Nathan_Waring__15295_-_SoS_Decision_for_WEB_v_4.0.pdf-The panel finds that the conduct of Mr Waring fell significantly short of the standards ./Mr_Nathan_Waring__15295_-_SoS_Decision_for_WEB_v_4.0.pdf-expected of the profession. ./Mr_Nathan_Waring__15295_-_SoS_Decision_for_WEB_v_4.0.pdf- ./Mr_Nathan_Waring__15295_-_SoS_Decision_for_WEB_v_4.0.pdf-The findings of misconduct are particularly serious as they include a finding of ./Mr_Nathan_Waring__15295_-_SoS_Decision_for_WEB_v_4.0.pdf:dishonesty, sexual misconduct and failure to observe proper boundaries. ./Mr_Nathan_Waring__15295_-_SoS_Decision_for_WEB_v_4.0.pdf- ./Mr_Nathan_Waring__15295_-_SoS_Decision_for_WEB_v_4.0.pdf-I have to determine whether the imposition of a prohibition order is proportionate and in ./Mr_Nathan_Waring__15295_-_SoS_Decision_for_WEB_v_4.0.pdf-the public interest. In considering that for this case I have considered the overall aim of a ./Mr_Nathan_Waring__15295_-_SoS_Decision_for_WEB_v_4.0.pdf-prohibition order which is to protect pupils and to maintain public confidence in the ./Mr_Nathan_Waring__15295_-_SoS_Decision_for_WEB_v_4.0.pdf-profession. I have considered the extent to which a prohibition order in this case would ./Mr_Nathan_Waring__15295_-_SoS_Decision_for_WEB_v_4.0.pdf-achieve that aim taking into account the impact that it will have on the individual teacher. ./Mr_Nathan_Waring__15295_-_SoS_Decision_for_WEB_v_4.0.pdf-I have also asked myself whether or not a less intrusive measure, such as the published ./Mr_Nathan_Waring__15295_-_SoS_Decision_for_WEB_v_4.0.pdf-finding of unacceptable professional conduct and conduct that may bring the profession ./Mr_Nathan_Waring__15295_-_SoS_Decision_for_WEB_v_4.0.pdf-into disrepute, would itself be sufficient to achieve the overall aim. I have to consider ./Mr_Nathan_Waring__15295_-_SoS_Decision_for_WEB_v_4.0.pdf-whether the consequences of such a publication are themselves sufficient. I have -- ./Mr_Nathan_Waring__15295_-_SoS_Decision_for_WEB_v_4.0.pdf-Waring “appeared to blame others and at no point did Mr Waring seem to accept ./Mr_Nathan_Waring__15295_-_SoS_Decision_for_WEB_v_4.0.pdf-responsibility for his own actions over the past ten years.” In my judgement the lack of ./Mr_Nathan_Waring__15295_-_SoS_Decision_for_WEB_v_4.0.pdf-insight suggests that there is some risk that this type of behaviour could be repeated in ./Mr_Nathan_Waring__15295_-_SoS_Decision_for_WEB_v_4.0.pdf-the future and this presents a further risk in terms of the protection of pupils. ./Mr_Nathan_Waring__15295_-_SoS_Decision_for_WEB_v_4.0.pdf- ./Mr_Nathan_Waring__15295_-_SoS_Decision_for_WEB_v_4.0.pdf-I have gone on to consider the extent to which a prohibition order would maintain public ./Mr_Nathan_Waring__15295_-_SoS_Decision_for_WEB_v_4.0.pdf-confidence in the profession. When considering public confidence the panel concluded, ./Mr_Nathan_Waring__15295_-_SoS_Decision_for_WEB_v_4.0.pdf-“that public confidence in the profession could be seriously weakened if conduct such as ./Mr_Nathan_Waring__15295_-_SoS_Decision_for_WEB_v_4.0.pdf-that found against Mr Waring were not treated with the utmost seriousness when ./Mr_Nathan_Waring__15295_-_SoS_Decision_for_WEB_v_4.0.pdf-regulating the conduct of the profession.” I am particularly mindful of the finding of ./Mr_Nathan_Waring__15295_-_SoS_Decision_for_WEB_v_4.0.pdf:dishonesty and sexual misconduct in this case and the impact that such a finding has on ./Mr_Nathan_Waring__15295_-_SoS_Decision_for_WEB_v_4.0.pdf-the reputation of the profession. ./Mr_Nathan_Waring__15295_-_SoS_Decision_for_WEB_v_4.0.pdf- ./Mr_Nathan_Waring__15295_-_SoS_Decision_for_WEB_v_4.0.pdf-I have had to consider that the public has a high expectation that professional standards ./Mr_Nathan_Waring__15295_-_SoS_Decision_for_WEB_v_4.0.pdf-are demonstrated by all teachers and that failure to impose a prohibition order might be ./Mr_Nathan_Waring__15295_-_SoS_Decision_for_WEB_v_4.0.pdf-regarded by the public as a failure to uphold those high standards. In weighing these ./Mr_Nathan_Waring__15295_-_SoS_Decision_for_WEB_v_4.0.pdf-considerations I have had to consider the matter from the point of view of an “ordinary ./Mr_Nathan_Waring__15295_-_SoS_Decision_for_WEB_v_4.0.pdf-intelligent and well-informed citizen.” ./Mr_Nathan_Waring__15295_-_SoS_Decision_for_WEB_v_4.0.pdf- ./Mr_Nathan_Waring__15295_-_SoS_Decision_for_WEB_v_4.0.pdf-I have considered whether the publication of a finding of unacceptable professional ./Mr_Nathan_Waring__15295_-_SoS_Decision_for_WEB_v_4.0.pdf-conduct, in the absence of a prohibition order, can itself be regarded by such a person as -- ./Mr_Nathan_Waring__15295_-_SoS_Decision_for_WEB_v_4.0.pdf-“demonstrate that Mr Waring had a clear commitment to teaching excellence and ./Mr_Nathan_Waring__15295_-_SoS_Decision_for_WEB_v_4.0.pdf-supporting students”. A prohibition order would prevent Mr Waring from continuing in the ./Mr_Nathan_Waring__15295_-_SoS_Decision_for_WEB_v_4.0.pdf-teaching profession. A prohibition order would also clearly deprive the public of his ./Mr_Nathan_Waring__15295_-_SoS_Decision_for_WEB_v_4.0.pdf-contribution to the profession for the period that it is in force. ./Mr_Nathan_Waring__15295_-_SoS_Decision_for_WEB_v_4.0.pdf- ./Mr_Nathan_Waring__15295_-_SoS_Decision_for_WEB_v_4.0.pdf-In this case I have placed considerable weight on the panel’s comments concerning the ./Mr_Nathan_Waring__15295_-_SoS_Decision_for_WEB_v_4.0.pdf-lack of insight or remorse. The panel has said, “Mr Waring had not accepted the ./Mr_Nathan_Waring__15295_-_SoS_Decision_for_WEB_v_4.0.pdf-consequences of his own conduct and had showed no remorse”. ./Mr_Nathan_Waring__15295_-_SoS_Decision_for_WEB_v_4.0.pdf- ./Mr_Nathan_Waring__15295_-_SoS_Decision_for_WEB_v_4.0.pdf-I have also placed considerable weight on the finding of the panel that Mr Waring’s ./Mr_Nathan_Waring__15295_-_SoS_Decision_for_WEB_v_4.0.pdf:behaviour was “sexually motivated” and described Mr Waring’s attitude as, “deep seated, ./Mr_Nathan_Waring__15295_-_SoS_Decision_for_WEB_v_4.0.pdf-repetitive and dishonest in its nature”. ./Mr_Nathan_Waring__15295_-_SoS_Decision_for_WEB_v_4.0.pdf- ./Mr_Nathan_Waring__15295_-_SoS_Decision_for_WEB_v_4.0.pdf-I have given less weight in my consideration of sanction therefore, to the contribution that ./Mr_Nathan_Waring__15295_-_SoS_Decision_for_WEB_v_4.0.pdf-Mr Waring has made to the profession. In my view it is necessary to impose a prohibition ./Mr_Nathan_Waring__15295_-_SoS_Decision_for_WEB_v_4.0.pdf- ./Mr_Nathan_Waring__15295_-_SoS_Decision_for_WEB_v_4.0.pdf- ./Mr_Nathan_Waring__15295_-_SoS_Decision_for_WEB_v_4.0.pdf- 23 ./Mr_Nathan_Waring__15295_-_SoS_Decision_for_WEB_v_4.0.pdf- -- ./Mr_Nathan_Waring__15295_-_SoS_Decision_for_WEB_v_4.0.pdf-not backed up by remorse or insight does not in my view satisfy the public interest ./Mr_Nathan_Waring__15295_-_SoS_Decision_for_WEB_v_4.0.pdf-requirement concerning public confidence in the profession. ./Mr_Nathan_Waring__15295_-_SoS_Decision_for_WEB_v_4.0.pdf- ./Mr_Nathan_Waring__15295_-_SoS_Decision_for_WEB_v_4.0.pdf-For these reasons I have concluded that a prohibition order is proportionate and in the ./Mr_Nathan_Waring__15295_-_SoS_Decision_for_WEB_v_4.0.pdf-public interest in order to achieve the aims which a prohibition order is intended to ./Mr_Nathan_Waring__15295_-_SoS_Decision_for_WEB_v_4.0.pdf-achieve. ./Mr_Nathan_Waring__15295_-_SoS_Decision_for_WEB_v_4.0.pdf- ./Mr_Nathan_Waring__15295_-_SoS_Decision_for_WEB_v_4.0.pdf-I have gone on to consider the matter of a review period. In this case the panel has ./Mr_Nathan_Waring__15295_-_SoS_Decision_for_WEB_v_4.0.pdf-recommended no review period. ./Mr_Nathan_Waring__15295_-_SoS_Decision_for_WEB_v_4.0.pdf- ./Mr_Nathan_Waring__15295_-_SoS_Decision_for_WEB_v_4.0.pdf:The panel found that the, “serious sexual misconduct in this case, the dishonesty ./Mr_Nathan_Waring__15295_-_SoS_Decision_for_WEB_v_4.0.pdf-displayed by Mr Waring” to be “strongly persuasive factors in its decision to not ./Mr_Nathan_Waring__15295_-_SoS_Decision_for_WEB_v_4.0.pdf-recommend a review period.” ./Mr_Nathan_Waring__15295_-_SoS_Decision_for_WEB_v_4.0.pdf- ./Mr_Nathan_Waring__15295_-_SoS_Decision_for_WEB_v_4.0.pdf-I have considered whether no review period reflects the seriousness of the findings and ./Mr_Nathan_Waring__15295_-_SoS_Decision_for_WEB_v_4.0.pdf-is a proportionate period to achieve the aim of maintaining public confidence in the ./Mr_Nathan_Waring__15295_-_SoS_Decision_for_WEB_v_4.0.pdf-profession. In this case, there are three factors that in my view mean that no review ./Mr_Nathan_Waring__15295_-_SoS_Decision_for_WEB_v_4.0.pdf-period is sufficient to achieve the aim of maintaining public confidence in the profession. ./Mr_Nathan_Waring__15295_-_SoS_Decision_for_WEB_v_4.0.pdf-These elements are the dishonesty found, the lack of either insight or remorse, and the ./Mr_Nathan_Waring__15295_-_SoS_Decision_for_WEB_v_4.0.pdf:serious nature of the sexual misconduct. ./Mr_Nathan_Waring__15295_-_SoS_Decision_for_WEB_v_4.0.pdf- ./Mr_Nathan_Waring__15295_-_SoS_Decision_for_WEB_v_4.0.pdf-I consider therefore that no review period is required to satisfy the maintenance of public ./Mr_Nathan_Waring__15295_-_SoS_Decision_for_WEB_v_4.0.pdf-confidence in the profession. ./Mr_Nathan_Waring__15295_-_SoS_Decision_for_WEB_v_4.0.pdf- ./Mr_Nathan_Waring__15295_-_SoS_Decision_for_WEB_v_4.0.pdf-This means that Mr Nathan Waring is prohibited from teaching indefinitely and ./Mr_Nathan_Waring__15295_-_SoS_Decision_for_WEB_v_4.0.pdf-cannot teach in any school, sixth form college, relevant youth accommodation or ./Mr_Nathan_Waring__15295_-_SoS_Decision_for_WEB_v_4.0.pdf-children’s home in England. Furthermore, in view of the seriousness of the allegations ./Mr_Nathan_Waring__15295_-_SoS_Decision_for_WEB_v_4.0.pdf-found proved against him, I have decided that Mr Nathan Waring shall not be entitled to ./Mr_Nathan_Waring__15295_-_SoS_Decision_for_WEB_v_4.0.pdf-apply for restoration of his eligibility to teach. ./Mr_Nathan_Waring__15295_-_SoS_Decision_for_WEB_v_4.0.pdf- ./Mr_Neil_Campbell___15711_-_SoS_decision_FOR_WEB.pdf-[Redacted] ./Mr_Neil_Campbell___15711_-_SoS_decision_FOR_WEB.pdf- ./Mr_Neil_Campbell___15711_-_SoS_decision_FOR_WEB.pdf-The panel did take into consideration Mr Campbell's account of the loneliness and ./Mr_Neil_Campbell___15711_-_SoS_decision_FOR_WEB.pdf-unhappiness that he felt which, "had begun to consume me outside of the work ./Mr_Neil_Campbell___15711_-_SoS_decision_FOR_WEB.pdf-environment. This was at the root of the problem and made me feel that I didn't have ./Mr_Neil_Campbell___15711_-_SoS_decision_FOR_WEB.pdf-anyone to talk to and this is why the communications began". ./Mr_Neil_Campbell___15711_-_SoS_decision_FOR_WEB.pdf- ./Mr_Neil_Campbell___15711_-_SoS_decision_FOR_WEB.pdf-Whilst this does not excuse Mr Campbell's conduct, it did provide it with some context. ./Mr_Neil_Campbell___15711_-_SoS_decision_FOR_WEB.pdf- ./Mr_Neil_Campbell___15711_-_SoS_decision_FOR_WEB.pdf-The panel also acknowledged that it had not been suggested or alleged that Mr ./Mr_Neil_Campbell___15711_-_SoS_decision_FOR_WEB.pdf:Campbell's behaviour was in any way sexually motivated. ./Mr_Neil_Campbell___15711_-_SoS_decision_FOR_WEB.pdf- ./Mr_Neil_Campbell___15711_-_SoS_decision_FOR_WEB.pdf-His written submissions and his admissions satisfy the panel that Mr Campbell does ./Mr_Neil_Campbell___15711_-_SoS_decision_FOR_WEB.pdf-accept that his behaviour was entirely inappropriate which illustrates a level of insight. He ./Mr_Neil_Campbell___15711_-_SoS_decision_FOR_WEB.pdf-has also apologised for his conduct. Taking account of all that it has read, the panel ./Mr_Neil_Campbell___15711_-_SoS_decision_FOR_WEB.pdf-concludes that the risk of repetition of such conduct is very low. ./Mr_Neil_Campbell___15711_-_SoS_decision_FOR_WEB.pdf- ./Mr_Neil_Campbell___15711_-_SoS_decision_FOR_WEB.pdf-The panel first considered whether it would be proportionate to conclude this case with ./Mr_Neil_Campbell___15711_-_SoS_decision_FOR_WEB.pdf-no recommendation of prohibition, considering whether the publication of the findings ./Mr_Neil_Campbell___15711_-_SoS_decision_FOR_WEB.pdf-made by the panel is sufficient. ./Mr_Neil_Campbell___15711_-_SoS_decision_FOR_WEB.pdf- -- ./Mr_Neil_Campbell___15711_-_SoS_decision_FOR_WEB.pdf-communications with pupils, both verbal and in writing, despite clear warnings and advice ./Mr_Neil_Campbell___15711_-_SoS_decision_FOR_WEB.pdf-from his headteacher..” the panel went on to say, “there is a strong public interest ./Mr_Neil_Campbell___15711_-_SoS_decision_FOR_WEB.pdf-consideration in ensuring that teachers maintain, and are seen to maintain, proper ./Mr_Neil_Campbell___15711_-_SoS_decision_FOR_WEB.pdf-boundaries with pupils.” A prohibition order would therefore prevent such a risk from ./Mr_Neil_Campbell___15711_-_SoS_decision_FOR_WEB.pdf-being present. I have also taken into account the panel’s comments on insight and ./Mr_Neil_Campbell___15711_-_SoS_decision_FOR_WEB.pdf-remorse which the panel sets out as follows, “His written submissions and his admissions ./Mr_Neil_Campbell___15711_-_SoS_decision_FOR_WEB.pdf-satisfy the panel that Mr Campbell does accept that his behaviour was entirely ./Mr_Neil_Campbell___15711_-_SoS_decision_FOR_WEB.pdf-inappropriate which illustrates a level of insight. He has also apologised for his conduct. ./Mr_Neil_Campbell___15711_-_SoS_decision_FOR_WEB.pdf-Taking account of all that it has read, the panel concludes that the risk of repetition of ./Mr_Neil_Campbell___15711_-_SoS_decision_FOR_WEB.pdf-such conduct is very low.” The panel has also acknowledged, “that it had not been ./Mr_Neil_Campbell___15711_-_SoS_decision_FOR_WEB.pdf:suggested or alleged that Mr Campbell's behaviour was in any way sexually motivated.” I ./Mr_Neil_Campbell___15711_-_SoS_decision_FOR_WEB.pdf-have given this element considerable weight in reaching my decision. ./Mr_Neil_Campbell___15711_-_SoS_decision_FOR_WEB.pdf- ./Mr_Neil_Campbell___15711_-_SoS_decision_FOR_WEB.pdf-I have gone on to consider the extent to which a prohibition order would maintain public ./Mr_Neil_Campbell___15711_-_SoS_decision_FOR_WEB.pdf-confidence in the profession. The panel observe, “public confidence in the profession ./Mr_Neil_Campbell___15711_-_SoS_decision_FOR_WEB.pdf-could be seriously weakened if conduct such as that found against Mr Campbell were not ./Mr_Neil_Campbell___15711_-_SoS_decision_FOR_WEB.pdf-treated with the utmost seriousness when regulating the conduct of the profession.” I am ./Mr_Neil_Campbell___15711_-_SoS_decision_FOR_WEB.pdf-particularly mindful of the finding of failure to maintain appropriate professional ./Mr_Neil_Campbell___15711_-_SoS_decision_FOR_WEB.pdf-boundaries in this case and the impact that such a finding has on the reputation of the ./Mr_Neil_Campbell___15711_-_SoS_decision_FOR_WEB.pdf-profession. ./Mr_Neil_Campbell___15711_-_SoS_decision_FOR_WEB.pdf- ./Mr_Nicholas_Maunders_Professional_conduct_panel_outcome.pdf-Allegations ./Mr_Nicholas_Maunders_Professional_conduct_panel_outcome.pdf-The panel considered the allegations set out in the notice of meeting dated 16 March ./Mr_Nicholas_Maunders_Professional_conduct_panel_outcome.pdf-2022. ./Mr_Nicholas_Maunders_Professional_conduct_panel_outcome.pdf- ./Mr_Nicholas_Maunders_Professional_conduct_panel_outcome.pdf-It was alleged that Mr Nicholas Maunders had been convicted of a relevant offence, ./Mr_Nicholas_Maunders_Professional_conduct_panel_outcome.pdf-specifically: ./Mr_Nicholas_Maunders_Professional_conduct_panel_outcome.pdf- ./Mr_Nicholas_Maunders_Professional_conduct_panel_outcome.pdf-1. On 8 January 2021, he was convicted at Salisbury Crown Court of: ./Mr_Nicholas_Maunders_Professional_conduct_panel_outcome.pdf- ./Mr_Nicholas_Maunders_Professional_conduct_panel_outcome.pdf: a. three counts of sexual activity with a child contrary to section 9 of the Sexual ./Mr_Nicholas_Maunders_Professional_conduct_panel_outcome.pdf- Offences Act 2003; ./Mr_Nicholas_Maunders_Professional_conduct_panel_outcome.pdf- ./Mr_Nicholas_Maunders_Professional_conduct_panel_outcome.pdf: b. two counts of causing a child to engage in sexual activity contrary to section 10 ./Mr_Nicholas_Maunders_Professional_conduct_panel_outcome.pdf- of the Sexual Offences Act 2003. ./Mr_Nicholas_Maunders_Professional_conduct_panel_outcome.pdf- ./Mr_Nicholas_Maunders_Professional_conduct_panel_outcome.pdf-Mr Maunders admitted that he had been convicted of these offences and he had signed a ./Mr_Nicholas_Maunders_Professional_conduct_panel_outcome.pdf-statement of agreed facts to that effect. Mr Maunders further admitted that the ./Mr_Nicholas_Maunders_Professional_conduct_panel_outcome.pdf-convictions were for relevant offences. ./Mr_Nicholas_Maunders_Professional_conduct_panel_outcome.pdf- ./Mr_Nicholas_Maunders_Professional_conduct_panel_outcome.pdf- ./Mr_Nicholas_Maunders_Professional_conduct_panel_outcome.pdf-Summary of evidence ./Mr_Nicholas_Maunders_Professional_conduct_panel_outcome.pdf-Documents ./Mr_Nicholas_Maunders_Professional_conduct_panel_outcome.pdf- -- ./Mr_Nicholas_Maunders_Professional_conduct_panel_outcome.pdf-offences under the Sexual Offences Act 2003. ./Mr_Nicholas_Maunders_Professional_conduct_panel_outcome.pdf- ./Mr_Nicholas_Maunders_Professional_conduct_panel_outcome.pdf-Findings of fact ./Mr_Nicholas_Maunders_Professional_conduct_panel_outcome.pdf- ./Mr_Nicholas_Maunders_Professional_conduct_panel_outcome.pdf-The findings of fact are as follows: ./Mr_Nicholas_Maunders_Professional_conduct_panel_outcome.pdf- ./Mr_Nicholas_Maunders_Professional_conduct_panel_outcome.pdf-It was alleged that you have been convicted of a relevant offence, specifically: ./Mr_Nicholas_Maunders_Professional_conduct_panel_outcome.pdf- ./Mr_Nicholas_Maunders_Professional_conduct_panel_outcome.pdf-1.On 8 January 2021, you were convicted at Salisbury Crown Court of: ./Mr_Nicholas_Maunders_Professional_conduct_panel_outcome.pdf- ./Mr_Nicholas_Maunders_Professional_conduct_panel_outcome.pdf: a. three counts of sexual activity with a child contrary to section 9 of the ./Mr_Nicholas_Maunders_Professional_conduct_panel_outcome.pdf- Sexual offences Act 2003. ./Mr_Nicholas_Maunders_Professional_conduct_panel_outcome.pdf- ./Mr_Nicholas_Maunders_Professional_conduct_panel_outcome.pdf: b. two counts of causing a child to engage in sexual activity contrary to ./Mr_Nicholas_Maunders_Professional_conduct_panel_outcome.pdf- section 10 of the Sexual Offences Act 2003 ./Mr_Nicholas_Maunders_Professional_conduct_panel_outcome.pdf- ./Mr_Nicholas_Maunders_Professional_conduct_panel_outcome.pdf-Mr Maunders admitted that he was convicted of these offences on 8 January 2021 and ./Mr_Nicholas_Maunders_Professional_conduct_panel_outcome.pdf-confirmed this in a statement of agreed facts which was signed by him on 18 November ./Mr_Nicholas_Maunders_Professional_conduct_panel_outcome.pdf-2021. ./Mr_Nicholas_Maunders_Professional_conduct_panel_outcome.pdf- ./Mr_Nicholas_Maunders_Professional_conduct_panel_outcome.pdf- 5 ./Mr_Nicholas_Maunders_Professional_conduct_panel_outcome.pdf- -- ./Mr_Nicholas_Maunders_Professional_conduct_panel_outcome.pdf-The panel noted that a letter from the TRA dated 24 May 2021 made reference to the ./Mr_Nicholas_Maunders_Professional_conduct_panel_outcome.pdf-convictions having occurred at Winchester Crown Court. However, given Mr Maunders' ./Mr_Nicholas_Maunders_Professional_conduct_panel_outcome.pdf-indication in the statement of agreed facts dated 18 November 2021 that he had been ./Mr_Nicholas_Maunders_Professional_conduct_panel_outcome.pdf:convicted of five counts of sexual activity with a child under the Sexual Offences Act ./Mr_Nicholas_Maunders_Professional_conduct_panel_outcome.pdf-2003 at the Crown Court sitting in Salisbury, the panel was satisfied that he had been ./Mr_Nicholas_Maunders_Professional_conduct_panel_outcome.pdf-convicted of such offences in an appropriate Crown Court. ./Mr_Nicholas_Maunders_Professional_conduct_panel_outcome.pdf- ./Mr_Nicholas_Maunders_Professional_conduct_panel_outcome.pdf-The panel noted that in his written response to the Notice of Referral dated 31 August ./Mr_Nicholas_Maunders_Professional_conduct_panel_outcome.pdf-2021, Mr Maunders had said: ./Mr_Nicholas_Maunders_Professional_conduct_panel_outcome.pdf- ./Mr_Nicholas_Maunders_Professional_conduct_panel_outcome.pdf-"I admit that I have been found guilty by the court but I am still maintaining my innocence ./Mr_Nicholas_Maunders_Professional_conduct_panel_outcome.pdf-of all of the charges." ./Mr_Nicholas_Maunders_Professional_conduct_panel_outcome.pdf- ./Mr_Nicholas_Maunders_Professional_conduct_panel_outcome.pdf-However, although the panel had not been provided with a copy of the certificate of -- ./Mr_Nicholas_Maunders_Professional_conduct_panel_outcome.pdf-The panel noted that Mr Maunders' actions were relevant to teaching, working with ./Mr_Nicholas_Maunders_Professional_conduct_panel_outcome.pdf:children and working in an education setting given that the offences involved sexual ./Mr_Nicholas_Maunders_Professional_conduct_panel_outcome.pdf-activity with one of his pupils who was a child. ./Mr_Nicholas_Maunders_Professional_conduct_panel_outcome.pdf- ./Mr_Nicholas_Maunders_Professional_conduct_panel_outcome.pdf-The panel noted that the behaviour involved in committing the offence would have had an ./Mr_Nicholas_Maunders_Professional_conduct_panel_outcome.pdf-impact on the safety of a pupil. ./Mr_Nicholas_Maunders_Professional_conduct_panel_outcome.pdf- ./Mr_Nicholas_Maunders_Professional_conduct_panel_outcome.pdf-The panel also took account of the way the teaching profession is viewed by others. The ./Mr_Nicholas_Maunders_Professional_conduct_panel_outcome.pdf-panel considered that Mr Maunders' behaviour in committing the offence would affect ./Mr_Nicholas_Maunders_Professional_conduct_panel_outcome.pdf-public confidence in the teaching profession, given the influence that teachers may have ./Mr_Nicholas_Maunders_Professional_conduct_panel_outcome.pdf-on pupils, parents and others in the community. ./Mr_Nicholas_Maunders_Professional_conduct_panel_outcome.pdf- ./Mr_Nicholas_Maunders_Professional_conduct_panel_outcome.pdf-The panel noted that the behaviour ultimately led to a sentence of imprisonment, which ./Mr_Nicholas_Maunders_Professional_conduct_panel_outcome.pdf-was indicative of the seriousness of the offences committed. ./Mr_Nicholas_Maunders_Professional_conduct_panel_outcome.pdf- ./Mr_Nicholas_Maunders_Professional_conduct_panel_outcome.pdf:This was a case involving offences of sexual activity with a child, which the Advice states ./Mr_Nicholas_Maunders_Professional_conduct_panel_outcome.pdf-is likely to be considered a relevant offence. ./Mr_Nicholas_Maunders_Professional_conduct_panel_outcome.pdf- ./Mr_Nicholas_Maunders_Professional_conduct_panel_outcome.pdf-The panel also found that the seriousness of the offending behaviour that led to the ./Mr_Nicholas_Maunders_Professional_conduct_panel_outcome.pdf-convictions was relevant to Mr Maunders' ongoing suitability to teach. The panel ./Mr_Nicholas_Maunders_Professional_conduct_panel_outcome.pdf-considered that a finding that these convictions were for relevant offences was necessary ./Mr_Nicholas_Maunders_Professional_conduct_panel_outcome.pdf-to reaffirm clear standards of conduct so as to maintain public confidence in the teaching ./Mr_Nicholas_Maunders_Professional_conduct_panel_outcome.pdf-profession. ./Mr_Nicholas_Maunders_Professional_conduct_panel_outcome.pdf- ./Mr_Nicholas_Maunders_Professional_conduct_panel_outcome.pdf- ./Mr_Nicholas_Maunders_Professional_conduct_panel_outcome.pdf-Panel’s recommendation to the Secretary of State -- ./Mr_Nicholas_Maunders_Professional_conduct_panel_outcome.pdf-orders should not be given in order to be punitive, or to show that blame has been ./Mr_Nicholas_Maunders_Professional_conduct_panel_outcome.pdf-apportioned, although they are likely to have punitive effect. ./Mr_Nicholas_Maunders_Professional_conduct_panel_outcome.pdf- ./Mr_Nicholas_Maunders_Professional_conduct_panel_outcome.pdf-The panel had regard to the particular public interest considerations set out in the Advice ./Mr_Nicholas_Maunders_Professional_conduct_panel_outcome.pdf-and, having done so, found a number of them to be relevant in this case, namely: the ./Mr_Nicholas_Maunders_Professional_conduct_panel_outcome.pdf-protection of pupils, the maintenance of public confidence in the profession and declaring ./Mr_Nicholas_Maunders_Professional_conduct_panel_outcome.pdf-and upholding proper standards of conduct. ./Mr_Nicholas_Maunders_Professional_conduct_panel_outcome.pdf- ./Mr_Nicholas_Maunders_Professional_conduct_panel_outcome.pdf-In the light of the panel’s findings against Mr Maunders, there was a strong public interest ./Mr_Nicholas_Maunders_Professional_conduct_panel_outcome.pdf-consideration in respect of the protection of pupils, given the serious findings of an ./Mr_Nicholas_Maunders_Professional_conduct_panel_outcome.pdf:inappropriate sexual relationship with a child. ./Mr_Nicholas_Maunders_Professional_conduct_panel_outcome.pdf- ./Mr_Nicholas_Maunders_Professional_conduct_panel_outcome.pdf- ./Mr_Nicholas_Maunders_Professional_conduct_panel_outcome.pdf- 7 ./Mr_Nicholas_Maunders_Professional_conduct_panel_outcome.pdf- -- ./Mr_Nicholas_Maunders_Professional_conduct_panel_outcome.pdf- ./Mr_Nicholas_Maunders_Professional_conduct_panel_outcome.pdf-  serious departure from the personal and professional conduct elements of the ./Mr_Nicholas_Maunders_Professional_conduct_panel_outcome.pdf- Teachers’ Standards; ./Mr_Nicholas_Maunders_Professional_conduct_panel_outcome.pdf- ./Mr_Nicholas_Maunders_Professional_conduct_panel_outcome.pdf-  misconduct seriously affecting the education and/or well-being of pupils, and ./Mr_Nicholas_Maunders_Professional_conduct_panel_outcome.pdf- particularly where there is a continuing risk; ./Mr_Nicholas_Maunders_Professional_conduct_panel_outcome.pdf- ./Mr_Nicholas_Maunders_Professional_conduct_panel_outcome.pdf-  abuse of position or trust (particularly involving vulnerable pupils) or violation of the ./Mr_Nicholas_Maunders_Professional_conduct_panel_outcome.pdf- rights of pupils; ./Mr_Nicholas_Maunders_Professional_conduct_panel_outcome.pdf- ./Mr_Nicholas_Maunders_Professional_conduct_panel_outcome.pdf:  sexual misconduct, for example, involving actions that were sexually motivated or ./Mr_Nicholas_Maunders_Professional_conduct_panel_outcome.pdf: of a sexual nature and/or that use or exploit the trust, knowledge or influence ./Mr_Nicholas_Maunders_Professional_conduct_panel_outcome.pdf- derived from the individual’s professional position; ./Mr_Nicholas_Maunders_Professional_conduct_panel_outcome.pdf- ./Mr_Nicholas_Maunders_Professional_conduct_panel_outcome.pdf-  the commission of a serious criminal offence, including those that resulted in a ./Mr_Nicholas_Maunders_Professional_conduct_panel_outcome.pdf- conviction or caution, paying particular attention to offences that are ‘relevant ./Mr_Nicholas_Maunders_Professional_conduct_panel_outcome.pdf- matters’ for the purposes of The Police Act 1997 and criminal record disclosures. ./Mr_Nicholas_Maunders_Professional_conduct_panel_outcome.pdf- ./Mr_Nicholas_Maunders_Professional_conduct_panel_outcome.pdf-Even though some of the behaviour found proved in this case indicated that a prohibition ./Mr_Nicholas_Maunders_Professional_conduct_panel_outcome.pdf-order would be appropriate, the panel went on to consider any potential mitigating ./Mr_Nicholas_Maunders_Professional_conduct_panel_outcome.pdf-factors. ./Mr_Nicholas_Maunders_Professional_conduct_panel_outcome.pdf- -- ./Mr_Nicholas_Maunders_Professional_conduct_panel_outcome.pdf-prohibition order should be imposed with immediate effect. ./Mr_Nicholas_Maunders_Professional_conduct_panel_outcome.pdf- ./Mr_Nicholas_Maunders_Professional_conduct_panel_outcome.pdf-The panel went on to consider whether or not it would be appropriate to recommend that ./Mr_Nicholas_Maunders_Professional_conduct_panel_outcome.pdf-a review period of the order should be considered. The panel was mindful that the Advice ./Mr_Nicholas_Maunders_Professional_conduct_panel_outcome.pdf-states that a prohibition order applies for life, but there may be circumstances, in any ./Mr_Nicholas_Maunders_Professional_conduct_panel_outcome.pdf-given case, that may make it appropriate to allow a teacher to apply to have the ./Mr_Nicholas_Maunders_Professional_conduct_panel_outcome.pdf-prohibition order reviewed after a specified period of time that may not be less than two ./Mr_Nicholas_Maunders_Professional_conduct_panel_outcome.pdf-years. ./Mr_Nicholas_Maunders_Professional_conduct_panel_outcome.pdf- ./Mr_Nicholas_Maunders_Professional_conduct_panel_outcome.pdf-The Advice indicates that there are behaviours that, if proved, would militate against the ./Mr_Nicholas_Maunders_Professional_conduct_panel_outcome.pdf:recommendation of a review period. These behaviours include serious sexual ./Mr_Nicholas_Maunders_Professional_conduct_panel_outcome.pdf:misconduct, such as where the act was sexually motivated and resulted in or had the ./Mr_Nicholas_Maunders_Professional_conduct_panel_outcome.pdf-potential to result in, harm to a person or persons, particularly where the individual has ./Mr_Nicholas_Maunders_Professional_conduct_panel_outcome.pdf-used his professional position to influence or exploit a person. ./Mr_Nicholas_Maunders_Professional_conduct_panel_outcome.pdf- ./Mr_Nicholas_Maunders_Professional_conduct_panel_outcome.pdf-Whilst accepting that he was convicted of the offences, Mr Maunders has continued to ./Mr_Nicholas_Maunders_Professional_conduct_panel_outcome.pdf-deny his guilt. Accordingly, he has not shown any insight into his actions or expressed ./Mr_Nicholas_Maunders_Professional_conduct_panel_outcome.pdf-remorse. ./Mr_Nicholas_Maunders_Professional_conduct_panel_outcome.pdf- ./Mr_Nicholas_Maunders_Professional_conduct_panel_outcome.pdf-The panel decided that the findings indicated a situation in which a review period would ./Mr_Nicholas_Maunders_Professional_conduct_panel_outcome.pdf-not be appropriate and, as such, decided that it would be proportionate in all the ./Mr_Nicholas_Maunders_Professional_conduct_panel_outcome.pdf-circumstances for the prohibition order to be recommended without provisions for a -- ./Mr_Nicholas_Maunders_Professional_conduct_panel_outcome.pdf- o having regard for the need to safeguard pupils’ well-being, in accordance ./Mr_Nicholas_Maunders_Professional_conduct_panel_outcome.pdf- with statutory provisions ./Mr_Nicholas_Maunders_Professional_conduct_panel_outcome.pdf- ./Mr_Nicholas_Maunders_Professional_conduct_panel_outcome.pdf-  Teachers must have proper and professional regard for the ethos, policies and ./Mr_Nicholas_Maunders_Professional_conduct_panel_outcome.pdf- practices of the school in which they teach... ./Mr_Nicholas_Maunders_Professional_conduct_panel_outcome.pdf- ./Mr_Nicholas_Maunders_Professional_conduct_panel_outcome.pdf-  Teachers must have an understanding of, and always act within, the statutory ./Mr_Nicholas_Maunders_Professional_conduct_panel_outcome.pdf- frameworks which set out their professional duties and responsibilities. ./Mr_Nicholas_Maunders_Professional_conduct_panel_outcome.pdf- ./Mr_Nicholas_Maunders_Professional_conduct_panel_outcome.pdf-The panel also, “noted that Mr Maunders' actions were relevant to teaching, working with ./Mr_Nicholas_Maunders_Professional_conduct_panel_outcome.pdf:children and working in an education setting given that the offences involved sexual ./Mr_Nicholas_Maunders_Professional_conduct_panel_outcome.pdf-activity with one of his pupils who was a child.” ./Mr_Nicholas_Maunders_Professional_conduct_panel_outcome.pdf- ./Mr_Nicholas_Maunders_Professional_conduct_panel_outcome.pdf:The findings of misconduct are particularly serious as they include a finding of sexual ./Mr_Nicholas_Maunders_Professional_conduct_panel_outcome.pdf-misconduct with a child. ./Mr_Nicholas_Maunders_Professional_conduct_panel_outcome.pdf- ./Mr_Nicholas_Maunders_Professional_conduct_panel_outcome.pdf-I have to determine whether the imposition of a prohibition order is proportionate and in ./Mr_Nicholas_Maunders_Professional_conduct_panel_outcome.pdf-the public interest. In considering that for this case, I have considered the overall aim of a ./Mr_Nicholas_Maunders_Professional_conduct_panel_outcome.pdf-prohibition order which is to protect pupils and to maintain public confidence in the ./Mr_Nicholas_Maunders_Professional_conduct_panel_outcome.pdf-profession. I have considered the extent to which a prohibition order in this case would ./Mr_Nicholas_Maunders_Professional_conduct_panel_outcome.pdf-achieve that aim taking into account the impact that it will have on the individual teacher. ./Mr_Nicholas_Maunders_Professional_conduct_panel_outcome.pdf-I have also asked myself, whether a less intrusive measure, such as the published ./Mr_Nicholas_Maunders_Professional_conduct_panel_outcome.pdf-finding of a relevant conviction, would itself be sufficient to achieve the overall aim. I have ./Mr_Nicholas_Maunders_Professional_conduct_panel_outcome.pdf-to consider whether the consequences of such a publication are themselves sufficient. I -- ./Mr_Nicholas_Maunders_Professional_conduct_panel_outcome.pdf-I have also taken into account the panel’s comments on insight and remorse, which the ./Mr_Nicholas_Maunders_Professional_conduct_panel_outcome.pdf-panel sets out as follows, “Accordingly, he has not shown any insight into his actions or ./Mr_Nicholas_Maunders_Professional_conduct_panel_outcome.pdf-expressed remorse.” In my judgement, the lack of full insight or remorse means that there ./Mr_Nicholas_Maunders_Professional_conduct_panel_outcome.pdf-is some risk of the repetition of this behaviour and this puts at risk the future wellbeing of ./Mr_Nicholas_Maunders_Professional_conduct_panel_outcome.pdf-pupils. I have therefore given this element considerable weight in reaching my decision. ./Mr_Nicholas_Maunders_Professional_conduct_panel_outcome.pdf- ./Mr_Nicholas_Maunders_Professional_conduct_panel_outcome.pdf-I have gone on to consider the extent to which a prohibition order would maintain public ./Mr_Nicholas_Maunders_Professional_conduct_panel_outcome.pdf-confidence in the profession. The panel observe, “The panel considered that Mr ./Mr_Nicholas_Maunders_Professional_conduct_panel_outcome.pdf-Maunders' behaviour in committing the offence would affect public confidence in the ./Mr_Nicholas_Maunders_Professional_conduct_panel_outcome.pdf-teaching profession, given the influence that teachers may have on pupils, parents and ./Mr_Nicholas_Maunders_Professional_conduct_panel_outcome.pdf:others in the community.” I am particularly mindful of the finding of sexual misconduct ./Mr_Nicholas_Maunders_Professional_conduct_panel_outcome.pdf-with a child in this case and the impact that such a finding has on the reputation of the ./Mr_Nicholas_Maunders_Professional_conduct_panel_outcome.pdf-profession. ./Mr_Nicholas_Maunders_Professional_conduct_panel_outcome.pdf- ./Mr_Nicholas_Maunders_Professional_conduct_panel_outcome.pdf-I have had to consider that the public has a high expectation of professional standards of ./Mr_Nicholas_Maunders_Professional_conduct_panel_outcome.pdf-all teachers and that the public might regard a failure to impose a prohibition order as a ./Mr_Nicholas_Maunders_Professional_conduct_panel_outcome.pdf-failure to uphold those high standards. In weighing these considerations, I have had to ./Mr_Nicholas_Maunders_Professional_conduct_panel_outcome.pdf-consider the matter from the point of view of an “ordinary intelligent and well-informed ./Mr_Nicholas_Maunders_Professional_conduct_panel_outcome.pdf-citizen.” ./Mr_Nicholas_Maunders_Professional_conduct_panel_outcome.pdf- ./Mr_Nicholas_Maunders_Professional_conduct_panel_outcome.pdf-I have considered whether the publication of a finding of a relevant conviction, in the ./Mr_Owen_Pybus__16011__-_SoS_Decision_for_WEB.pdf-The panel considered the allegations set out in the Notice of Meeting dated 21 August ./Mr_Owen_Pybus__16011__-_SoS_Decision_for_WEB.pdf-2017. ./Mr_Owen_Pybus__16011__-_SoS_Decision_for_WEB.pdf- ./Mr_Owen_Pybus__16011__-_SoS_Decision_for_WEB.pdf-It was alleged that Mr Owen Pybus was guilty of unacceptable professional conduct ./Mr_Owen_Pybus__16011__-_SoS_Decision_for_WEB.pdf-and/or conduct that may bring the profession into disrepute, in that whilst employed as a ./Mr_Owen_Pybus__16011__-_SoS_Decision_for_WEB.pdf-teacher at Our Lady & St Joseph Catholic Academy, he: ./Mr_Owen_Pybus__16011__-_SoS_Decision_for_WEB.pdf- ./Mr_Owen_Pybus__16011__-_SoS_Decision_for_WEB.pdf- 1. Accessed one or more chatrooms on School IT equipment and/or on a school ./Mr_Owen_Pybus__16011__-_SoS_Decision_for_WEB.pdf- network; ./Mr_Owen_Pybus__16011__-_SoS_Decision_for_WEB.pdf- ./Mr_Owen_Pybus__16011__-_SoS_Decision_for_WEB.pdf: 2. Viewed and/or created pornographic content on School IT equipment and/or on a ./Mr_Owen_Pybus__16011__-_SoS_Decision_for_WEB.pdf- school network; ./Mr_Owen_Pybus__16011__-_SoS_Decision_for_WEB.pdf- ./Mr_Owen_Pybus__16011__-_SoS_Decision_for_WEB.pdf- 3. In doing as at 1 and/or 2 above, his actions were: ./Mr_Owen_Pybus__16011__-_SoS_Decision_for_WEB.pdf- ./Mr_Owen_Pybus__16011__-_SoS_Decision_for_WEB.pdf- a. In breach of school policies; ./Mr_Owen_Pybus__16011__-_SoS_Decision_for_WEB.pdf- ./Mr_Owen_Pybus__16011__-_SoS_Decision_for_WEB.pdf- b. During school hours; ./Mr_Owen_Pybus__16011__-_SoS_Decision_for_WEB.pdf- ./Mr_Owen_Pybus__16011__-_SoS_Decision_for_WEB.pdf- c. Sexually motivated. ./Mr_Owen_Pybus__16011__-_SoS_Decision_for_WEB.pdf- -- ./Mr_Owen_Pybus__16011__-_SoS_Decision_for_WEB.pdf-The panel confirms that it has read all the documents provided in the bundle in advance ./Mr_Owen_Pybus__16011__-_SoS_Decision_for_WEB.pdf-of the meeting. ./Mr_Owen_Pybus__16011__-_SoS_Decision_for_WEB.pdf- ./Mr_Owen_Pybus__16011__-_SoS_Decision_for_WEB.pdf-Mr Pybus was employed as a classroom teacher of maths and ICT, and senior leader of ./Mr_Owen_Pybus__16011__-_SoS_Decision_for_WEB.pdf-education at Our Lady & St Joseph Catholic Academy (the “School”) from 28 April 2014. ./Mr_Owen_Pybus__16011__-_SoS_Decision_for_WEB.pdf-His role included training other members of staff at the School in ‘E-Safety’ and the ./Mr_Owen_Pybus__16011__-_SoS_Decision_for_WEB.pdf-School’s IT policies, and tracking/maintaining use of the School’s IT equipment. As part ./Mr_Owen_Pybus__16011__-_SoS_Decision_for_WEB.pdf-of Mr Pybus’ role, the School issued him with a laptop and iPad for work purposes. ./Mr_Owen_Pybus__16011__-_SoS_Decision_for_WEB.pdf- ./Mr_Owen_Pybus__16011__-_SoS_Decision_for_WEB.pdf-It is alleged that in November to December 2016, Mr Pybus created Word documents ./Mr_Owen_Pybus__16011__-_SoS_Decision_for_WEB.pdf:and engaged in chatroom conversations of a sexual nature, whilst using School IT ./Mr_Owen_Pybus__16011__-_SoS_Decision_for_WEB.pdf-equipment and connected to the School’s network. On at least one of these occasions, ./Mr_Owen_Pybus__16011__-_SoS_Decision_for_WEB.pdf-this was done during School time. The allegations were reported to the School on 12 ./Mr_Owen_Pybus__16011__-_SoS_Decision_for_WEB.pdf-December 2016 by Warwickshire ICT Development Service (which externally monitors ./Mr_Owen_Pybus__16011__-_SoS_Decision_for_WEB.pdf-the use of School IT equipment) and the School undertook an internal disciplinary ./Mr_Owen_Pybus__16011__-_SoS_Decision_for_WEB.pdf-investigation. Mr Pybus admitted the allegations and resigned on 4 January 2017. ./Mr_Owen_Pybus__16011__-_SoS_Decision_for_WEB.pdf- ./Mr_Owen_Pybus__16011__-_SoS_Decision_for_WEB.pdf-Findings of fact ./Mr_Owen_Pybus__16011__-_SoS_Decision_for_WEB.pdf-The panel must decide whether the facts of the case have been proved on the balance of ./Mr_Owen_Pybus__16011__-_SoS_Decision_for_WEB.pdf-probabilities. The panel has found the following particulars of the allegations against you ./Mr_Owen_Pybus__16011__-_SoS_Decision_for_WEB.pdf-proven, for these reasons: -- ./Mr_Owen_Pybus__16011__-_SoS_Decision_for_WEB.pdf-The panel therefore finds this allegation proven. ./Mr_Owen_Pybus__16011__-_SoS_Decision_for_WEB.pdf- ./Mr_Owen_Pybus__16011__-_SoS_Decision_for_WEB.pdf: 2. Viewed and/or created pornographic content on School IT equipment and/or ./Mr_Owen_Pybus__16011__-_SoS_Decision_for_WEB.pdf- a school network; ./Mr_Owen_Pybus__16011__-_SoS_Decision_for_WEB.pdf- ./Mr_Owen_Pybus__16011__-_SoS_Decision_for_WEB.pdf-Mr Pybus has admitted the allegation. The panel has seen some screenshots of the ./Mr_Owen_Pybus__16011__-_SoS_Decision_for_WEB.pdf-Word documents that Mr Pybus viewed and/or edited on his School computer, which are ./Mr_Owen_Pybus__16011__-_SoS_Decision_for_WEB.pdf:of a pornographic nature. The screenshots show the documents being viewed and/or ./Mr_Owen_Pybus__16011__-_SoS_Decision_for_WEB.pdf-edited on 19 November 2016 and 8 December 2016. ./Mr_Owen_Pybus__16011__-_SoS_Decision_for_WEB.pdf- ./Mr_Owen_Pybus__16011__-_SoS_Decision_for_WEB.pdf-The panel therefore finds this allegation proven. ./Mr_Owen_Pybus__16011__-_SoS_Decision_for_WEB.pdf- ./Mr_Owen_Pybus__16011__-_SoS_Decision_for_WEB.pdf- 3. In doing as at 1 and/or 2 above, your actions were: ./Mr_Owen_Pybus__16011__-_SoS_Decision_for_WEB.pdf- ./Mr_Owen_Pybus__16011__-_SoS_Decision_for_WEB.pdf- a. In breach of school policies; ./Mr_Owen_Pybus__16011__-_SoS_Decision_for_WEB.pdf- ./Mr_Owen_Pybus__16011__-_SoS_Decision_for_WEB.pdf-Mr Pybus has admitted the allegation. The panel has seen copies of the School’s Staff ./Mr_Owen_Pybus__16011__-_SoS_Decision_for_WEB.pdf-Behaviour policy (Code of Conduct) and Acceptable Use of Technology Policy for Staff -- ./Mr_Owen_Pybus__16011__-_SoS_Decision_for_WEB.pdf- ./Mr_Owen_Pybus__16011__-_SoS_Decision_for_WEB.pdf-Mr Pybus has admitted the allegation. The screenshots of the Word document dated 8 ./Mr_Owen_Pybus__16011__-_SoS_Decision_for_WEB.pdf-December 2016 (referred to above) are timed shortly before 3pm. As this was on a ./Mr_Owen_Pybus__16011__-_SoS_Decision_for_WEB.pdf-Thursday, it took place during school time. ./Mr_Owen_Pybus__16011__-_SoS_Decision_for_WEB.pdf- ./Mr_Owen_Pybus__16011__-_SoS_Decision_for_WEB.pdf-The panel therefore finds this allegation proven. ./Mr_Owen_Pybus__16011__-_SoS_Decision_for_WEB.pdf- ./Mr_Owen_Pybus__16011__-_SoS_Decision_for_WEB.pdf- c. Sexually motivated. ./Mr_Owen_Pybus__16011__-_SoS_Decision_for_WEB.pdf- ./Mr_Owen_Pybus__16011__-_SoS_Decision_for_WEB.pdf-Mr Pybus has admitted the allegation. After taking advice from the legal adviser, the ./Mr_Owen_Pybus__16011__-_SoS_Decision_for_WEB.pdf:panel has considered the two stage legal test for establishing sexual motivation, namely: ./Mr_Owen_Pybus__16011__-_SoS_Decision_for_WEB.pdf-1) whether on the balance of probabilities, reasonable people would consider that the ./Mr_Owen_Pybus__16011__-_SoS_Decision_for_WEB.pdf:actions found proven could be sexual; and 2) in the circumstances of the case, it is more ./Mr_Owen_Pybus__16011__-_SoS_Decision_for_WEB.pdf:likely than not that the purpose of the conduct was sexual. The panel considers that this ./Mr_Owen_Pybus__16011__-_SoS_Decision_for_WEB.pdf-test is met, due to the narrative content of the screenshots that it has seen. ./Mr_Owen_Pybus__16011__-_SoS_Decision_for_WEB.pdf- ./Mr_Owen_Pybus__16011__-_SoS_Decision_for_WEB.pdf-The panel therefore finds this allegation proven. ./Mr_Owen_Pybus__16011__-_SoS_Decision_for_WEB.pdf- ./Mr_Owen_Pybus__16011__-_SoS_Decision_for_WEB.pdf- ./Mr_Owen_Pybus__16011__-_SoS_Decision_for_WEB.pdf- ./Mr_Owen_Pybus__16011__-_SoS_Decision_for_WEB.pdf- ./Mr_Owen_Pybus__16011__-_SoS_Decision_for_WEB.pdf- 6 ./Mr_Owen_Pybus__16011__-_SoS_Decision_for_WEB.pdf- -- ./Mr_Owen_Pybus__16011__-_SoS_Decision_for_WEB.pdf-recommending no prohibition order is a proportionate and appropriate response. Given ./Mr_Owen_Pybus__16011__-_SoS_Decision_for_WEB.pdf-that the nature and severity of the behaviour is at the less serious end of the possible ./Mr_Owen_Pybus__16011__-_SoS_Decision_for_WEB.pdf-spectrum and in light of the mitigating factors that were present in this case, the panel ./Mr_Owen_Pybus__16011__-_SoS_Decision_for_WEB.pdf-has determined that a recommendation for a prohibition order will not be appropriate in ./Mr_Owen_Pybus__16011__-_SoS_Decision_for_WEB.pdf-this case. The panel considers that the publication of the adverse findings it has made is ./Mr_Owen_Pybus__16011__-_SoS_Decision_for_WEB.pdf-sufficient to send an appropriate message to Mr Pybus as to the standards of behaviour ./Mr_Owen_Pybus__16011__-_SoS_Decision_for_WEB.pdf-that are not acceptable, and that this meets the public interest requirement of declaring ./Mr_Owen_Pybus__16011__-_SoS_Decision_for_WEB.pdf-proper standards of the profession. ./Mr_Owen_Pybus__16011__-_SoS_Decision_for_WEB.pdf- ./Mr_Owen_Pybus__16011__-_SoS_Decision_for_WEB.pdf-In particular, the panel notes that the inappropriate content did not involve children and ./Mr_Owen_Pybus__16011__-_SoS_Decision_for_WEB.pdf:was not illegal. It was low level adult pornography that constituted a written narrative of a ./Mr_Owen_Pybus__16011__-_SoS_Decision_for_WEB.pdf-sexual fantasy. The panel has seen no evidence of explicit images, and no evidence that ./Mr_Owen_Pybus__16011__-_SoS_Decision_for_WEB.pdf:Mr Pybus used the School equipment to search for any pornographic content on the ./Mr_Owen_Pybus__16011__-_SoS_Decision_for_WEB.pdf- ./Mr_Owen_Pybus__16011__-_SoS_Decision_for_WEB.pdf- 9 ./Mr_Owen_Pybus__16011__-_SoS_Decision_for_WEB.pdf- -- ./Mr_Owen_Pybus__16011__-_SoS_Decision_for_WEB.pdf- ./Mr_Owen_Pybus__16011__-_SoS_Decision_for_WEB.pdf-A prohibition order would prevent Mr Pybus from continuing in the teaching profession. A ./Mr_Owen_Pybus__16011__-_SoS_Decision_for_WEB.pdf-prohibition order would also clearly deprive the public of his contribution to the profession ./Mr_Owen_Pybus__16011__-_SoS_Decision_for_WEB.pdf-for the period that it is in force. ./Mr_Owen_Pybus__16011__-_SoS_Decision_for_WEB.pdf- ./Mr_Owen_Pybus__16011__-_SoS_Decision_for_WEB.pdf-In this case I have placed considerable weight on the panel’s comments of the nature ./Mr_Owen_Pybus__16011__-_SoS_Decision_for_WEB.pdf-and severity of the behaviour as well as the panel’s view that there is a low risk of ./Mr_Owen_Pybus__16011__-_SoS_Decision_for_WEB.pdf-repetition. I have further placed considerable weight on Mr Pybus’s insight and remorse. ./Mr_Owen_Pybus__16011__-_SoS_Decision_for_WEB.pdf- ./Mr_Owen_Pybus__16011__-_SoS_Decision_for_WEB.pdf-I have also placed considerable weight on the panel’s note of, “the inappropriate content ./Mr_Owen_Pybus__16011__-_SoS_Decision_for_WEB.pdf:did not involve children and was not illegal. It was low level adult pornography that ./Mr_Owen_Pybus__16011__-_SoS_Decision_for_WEB.pdf-constituted a written narrative of a sexual fantasy. The panel has seen no evidence of ./Mr_Owen_Pybus__16011__-_SoS_Decision_for_WEB.pdf-explicit images, and no evidence that Mr Pybus used the School equipment to search for ./Mr_Owen_Pybus__16011__-_SoS_Decision_for_WEB.pdf:any pornographic content on the internet.” ./Mr_Owen_Pybus__16011__-_SoS_Decision_for_WEB.pdf- ./Mr_Owen_Pybus__16011__-_SoS_Decision_for_WEB.pdf-In my view a published decision backed up by remorse and insight satisfies the public ./Mr_Owen_Pybus__16011__-_SoS_Decision_for_WEB.pdf-interest requirement concerning public confidence in the profession. ./Mr_Owen_Pybus__16011__-_SoS_Decision_for_WEB.pdf- ./Mr_Owen_Pybus__16011__-_SoS_Decision_for_WEB.pdf-For these reasons I have concluded that a prohibition order is not proportionate and is ./Mr_Owen_Pybus__16011__-_SoS_Decision_for_WEB.pdf-not in the public interest in order to achieve the aims which a prohibition order is intended ./Mr_Owen_Pybus__16011__-_SoS_Decision_for_WEB.pdf-to achieve. ./Mr_Owen_Pybus__16011__-_SoS_Decision_for_WEB.pdf- ./Mr_Owen_Pybus__16011__-_SoS_Decision_for_WEB.pdf- ./Mr_Owen_Pybus__16011__-_SoS_Decision_for_WEB.pdf- ./Mr_Paul_Laidler_Professional_conduct_panel_outcome.pdf-at the Warminster School: ./Mr_Paul_Laidler_Professional_conduct_panel_outcome.pdf- ./Mr_Paul_Laidler_Professional_conduct_panel_outcome.pdf- 1. he failed to maintain appropriate professional boundaries with one or more ./Mr_Paul_Laidler_Professional_conduct_panel_outcome.pdf- pupils/former pupils in or around May – July 2007 by: ./Mr_Paul_Laidler_Professional_conduct_panel_outcome.pdf- a. allowing one or more pupils/former pupils to enter and/or stay at his home ./Mr_Paul_Laidler_Professional_conduct_panel_outcome.pdf- accommodation; ./Mr_Paul_Laidler_Professional_conduct_panel_outcome.pdf- b. permitting Former Pupil A to drive his vehicle; ./Mr_Paul_Laidler_Professional_conduct_panel_outcome.pdf- c. permitting Former Pupil A to consume alcohol and/or providing alcohol for ./Mr_Paul_Laidler_Professional_conduct_panel_outcome.pdf- her to drink; ./Mr_Paul_Laidler_Professional_conduct_panel_outcome.pdf- d. kissing Former Pupil A; ./Mr_Paul_Laidler_Professional_conduct_panel_outcome.pdf: e. engaging in sexual activity with Former Pupil A; ./Mr_Paul_Laidler_Professional_conduct_panel_outcome.pdf- f. communicating with Former Pupil A by text message and/or telling Former ./Mr_Paul_Laidler_Professional_conduct_panel_outcome.pdf- Pupil A that she had “a lovely body” or words to that effect; ./Mr_Paul_Laidler_Professional_conduct_panel_outcome.pdf- 2. his behaviour as may be found proven at allegation 1 above was conduct of a ./Mr_Paul_Laidler_Professional_conduct_panel_outcome.pdf: sexual nature and/or was sexually motivated. ./Mr_Paul_Laidler_Professional_conduct_panel_outcome.pdf-Mr Laidler has admitted the facts of allegations 1 a. – f. and accepted that in undertaking ./Mr_Paul_Laidler_Professional_conduct_panel_outcome.pdf-these actions he failed to maintain appropriate professional boundaries. Mr Laidler has ./Mr_Paul_Laidler_Professional_conduct_panel_outcome.pdf-also admitted allegation 2 in respect of allegations 1 e. and f.. This is confirmed in the ./Mr_Paul_Laidler_Professional_conduct_panel_outcome.pdf-Statement of Agreed Facts signed by Mr Laidler on 9 March 2020. ./Mr_Paul_Laidler_Professional_conduct_panel_outcome.pdf- ./Mr_Paul_Laidler_Professional_conduct_panel_outcome.pdf-Mr Lailder has admitted that the facts of allegations 1 and 2, which he has admitted, ./Mr_Paul_Laidler_Professional_conduct_panel_outcome.pdf-amount to unacceptable professional conduct and/or conduct that may bring the ./Mr_Paul_Laidler_Professional_conduct_panel_outcome.pdf-profession into disrepute. ./Mr_Paul_Laidler_Professional_conduct_panel_outcome.pdf- ./Mr_Paul_Laidler_Professional_conduct_panel_outcome.pdf- -- ./Mr_Paul_Laidler_Professional_conduct_panel_outcome.pdf-public house. On the balance of probabilities, the panel found that Mr Laidler had bought ./Mr_Paul_Laidler_Professional_conduct_panel_outcome.pdf-drinks for Former Pupil A at a public house as well as making alcohol freely available at ./Mr_Paul_Laidler_Professional_conduct_panel_outcome.pdf-his home. The allegation was therefore found proved. ./Mr_Paul_Laidler_Professional_conduct_panel_outcome.pdf- ./Mr_Paul_Laidler_Professional_conduct_panel_outcome.pdf- d. kissing Former Pupil A; ./Mr_Paul_Laidler_Professional_conduct_panel_outcome.pdf-The allegation was admitted and was supported by evidence presented to the panel. Mr ./Mr_Paul_Laidler_Professional_conduct_panel_outcome.pdf-Laidler consistently admitted the facts of this allegation, in the Statement of Agreed Facts ./Mr_Paul_Laidler_Professional_conduct_panel_outcome.pdf-and in his police interview; and this was supported by Former Pupil A’s account. The ./Mr_Paul_Laidler_Professional_conduct_panel_outcome.pdf-allegation was therefore found proved. ./Mr_Paul_Laidler_Professional_conduct_panel_outcome.pdf- ./Mr_Paul_Laidler_Professional_conduct_panel_outcome.pdf: e. engaging in sexual activity with Former Pupil A; ./Mr_Paul_Laidler_Professional_conduct_panel_outcome.pdf-The allegation was admitted and was supported by evidence presented to the panel. In ./Mr_Paul_Laidler_Professional_conduct_panel_outcome.pdf-particular, Mr Laidler has accepted that he touched Former Pupil A intimately and ./Mr_Paul_Laidler_Professional_conduct_panel_outcome.pdf-allowed Former Pupil A to touch him intimately. The panel found that Former Pupil A was ./Mr_Paul_Laidler_Professional_conduct_panel_outcome.pdf-in a state of undress in Mr Laidler’s bedroom, as was he. The allegation was therefore ./Mr_Paul_Laidler_Professional_conduct_panel_outcome.pdf-found proved. ./Mr_Paul_Laidler_Professional_conduct_panel_outcome.pdf- ./Mr_Paul_Laidler_Professional_conduct_panel_outcome.pdf- f. communicating with Former Pupil A by text message and/or telling ./Mr_Paul_Laidler_Professional_conduct_panel_outcome.pdf- Former Pupil A that she had “a lovely body” or words to that effect; ./Mr_Paul_Laidler_Professional_conduct_panel_outcome.pdf-The allegation was admitted by Mr Laidler in the Statement of Agreed Facts and ./Mr_Paul_Laidler_Professional_conduct_panel_outcome.pdf-supported by his earlier police interview. The allegation was therefore found proved. ./Mr_Paul_Laidler_Professional_conduct_panel_outcome.pdf- ./Mr_Paul_Laidler_Professional_conduct_panel_outcome.pdf- 2. your behaviour as may be found proven at allegation 1 above was conduct ./Mr_Paul_Laidler_Professional_conduct_panel_outcome.pdf: of a sexual nature and/or was sexually motivated. ./Mr_Paul_Laidler_Professional_conduct_panel_outcome.pdf- ./Mr_Paul_Laidler_Professional_conduct_panel_outcome.pdf- 7 ./Mr_Paul_Laidler_Professional_conduct_panel_outcome.pdf- -- ./Mr_Paul_Laidler_Professional_conduct_panel_outcome.pdf-The allegation was admitted in respect of allegations 1 d. and 1 e., and was supported by ./Mr_Paul_Laidler_Professional_conduct_panel_outcome.pdf-evidence presented to the panel as referred to above. Those actions were by their nature ./Mr_Paul_Laidler_Professional_conduct_panel_outcome.pdf:sexual. However, the panel was not presented with evidence to support that the ./Mr_Paul_Laidler_Professional_conduct_panel_outcome.pdf:allegations at 1 a. – c. and 1 f. were of a sexual nature and/or sexually motivated. The ./Mr_Paul_Laidler_Professional_conduct_panel_outcome.pdf-allegation was therefore found proved in respect of allegation 1 d. and 1 e. only. ./Mr_Paul_Laidler_Professional_conduct_panel_outcome.pdf- ./Mr_Paul_Laidler_Professional_conduct_panel_outcome.pdf-Findings as to unacceptable professional conduct and/or conduct that ./Mr_Paul_Laidler_Professional_conduct_panel_outcome.pdf-may bring the profession into disrepute ./Mr_Paul_Laidler_Professional_conduct_panel_outcome.pdf- ./Mr_Paul_Laidler_Professional_conduct_panel_outcome.pdf-Having found a number of the allegations proved, the panel went on to consider whether ./Mr_Paul_Laidler_Professional_conduct_panel_outcome.pdf-the facts of those proved allegations amounted to unacceptable professional conduct ./Mr_Paul_Laidler_Professional_conduct_panel_outcome.pdf-and/or conduct that may bring the profession into disrepute. ./Mr_Paul_Laidler_Professional_conduct_panel_outcome.pdf- ./Mr_Paul_Laidler_Professional_conduct_panel_outcome.pdf-In doing so, the panel had regard to the document Teacher Misconduct: The Prohibition -- ./Mr_Paul_Laidler_Professional_conduct_panel_outcome.pdf- ./Mr_Paul_Laidler_Professional_conduct_panel_outcome.pdf- Teachers must have an understanding of, and always act within, the statutory ./Mr_Paul_Laidler_Professional_conduct_panel_outcome.pdf- frameworks which set out their professional duties and responsibilities. ./Mr_Paul_Laidler_Professional_conduct_panel_outcome.pdf- ./Mr_Paul_Laidler_Professional_conduct_panel_outcome.pdf-The panel was satisfied that the conduct of Mr Laidler amounted to misconduct of a ./Mr_Paul_Laidler_Professional_conduct_panel_outcome.pdf-serious nature which fell significantly short of the standards expected of the profession. ./Mr_Paul_Laidler_Professional_conduct_panel_outcome.pdf- ./Mr_Paul_Laidler_Professional_conduct_panel_outcome.pdf-The panel also considered whether Mr Laidler’s conduct displayed behaviours associated ./Mr_Paul_Laidler_Professional_conduct_panel_outcome.pdf-with any of the offences listed on pages 10 and 11 of the Advice. ./Mr_Paul_Laidler_Professional_conduct_panel_outcome.pdf- ./Mr_Paul_Laidler_Professional_conduct_panel_outcome.pdf:The panel found that the offences of sexual activity; serious driving offences, particularly ./Mr_Paul_Laidler_Professional_conduct_panel_outcome.pdf-those involving alcohol; and serious offences involving alcohol, were relevant. ./Mr_Paul_Laidler_Professional_conduct_panel_outcome.pdf- ./Mr_Paul_Laidler_Professional_conduct_panel_outcome.pdf-The Advice indicates that where behaviours associated with such an offence exist, a ./Mr_Paul_Laidler_Professional_conduct_panel_outcome.pdf-panel is likely to conclude that an individual’s conduct would amount to unacceptable ./Mr_Paul_Laidler_Professional_conduct_panel_outcome.pdf-professional conduct. ./Mr_Paul_Laidler_Professional_conduct_panel_outcome.pdf- ./Mr_Paul_Laidler_Professional_conduct_panel_outcome.pdf- 8 ./Mr_Paul_Laidler_Professional_conduct_panel_outcome.pdf- -- ./Mr_Paul_Laidler_Professional_conduct_panel_outcome.pdf-In the light of the panel’s findings against Mr Laidler which involved failing to adhere to ./Mr_Paul_Laidler_Professional_conduct_panel_outcome.pdf:professional boundaries and engaging in inappropriate, sexual conduct with a former ./Mr_Paul_Laidler_Professional_conduct_panel_outcome.pdf-pupil, there was a strong public interest consideration in respect of the protection of ./Mr_Paul_Laidler_Professional_conduct_panel_outcome.pdf-pupils, given the serious findings of an inappropriate relationship with a child. ./Mr_Paul_Laidler_Professional_conduct_panel_outcome.pdf- ./Mr_Paul_Laidler_Professional_conduct_panel_outcome.pdf-Similarly, the panel considered that public confidence in the profession could be seriously ./Mr_Paul_Laidler_Professional_conduct_panel_outcome.pdf-weakened if conduct such as that found against Mr Laidler were not treated with the ./Mr_Paul_Laidler_Professional_conduct_panel_outcome.pdf-utmost seriousness when regulating the conduct of the profession. ./Mr_Paul_Laidler_Professional_conduct_panel_outcome.pdf- ./Mr_Paul_Laidler_Professional_conduct_panel_outcome.pdf-The panel was of the view that a strong public interest consideration in declaring proper ./Mr_Paul_Laidler_Professional_conduct_panel_outcome.pdf-standards of conduct in the profession was also present as the conduct found against Mr ./Mr_Paul_Laidler_Professional_conduct_panel_outcome.pdf-Laidler was outside that which could reasonably be tolerated. -- ./Mr_Paul_Laidler_Professional_conduct_panel_outcome.pdf- ./Mr_Paul_Laidler_Professional_conduct_panel_outcome.pdf-  serious departure from the personal and professional conduct elements of the ./Mr_Paul_Laidler_Professional_conduct_panel_outcome.pdf- Teachers’ Standards; ./Mr_Paul_Laidler_Professional_conduct_panel_outcome.pdf- ./Mr_Paul_Laidler_Professional_conduct_panel_outcome.pdf-  misconduct seriously affecting the education and/or well-being of pupils, and ./Mr_Paul_Laidler_Professional_conduct_panel_outcome.pdf- particularly where there is a continuing risk; ./Mr_Paul_Laidler_Professional_conduct_panel_outcome.pdf- ./Mr_Paul_Laidler_Professional_conduct_panel_outcome.pdf-  abuse of position or trust (particularly involving vulnerable pupils) or violation of ./Mr_Paul_Laidler_Professional_conduct_panel_outcome.pdf- the rights of pupils; and ./Mr_Paul_Laidler_Professional_conduct_panel_outcome.pdf- ./Mr_Paul_Laidler_Professional_conduct_panel_outcome.pdf:  sexual misconduct, for example, involving actions that were sexually motivated ./Mr_Paul_Laidler_Professional_conduct_panel_outcome.pdf: or of a sexual nature and/or that use or exploit the trust, knowledge or influence ./Mr_Paul_Laidler_Professional_conduct_panel_outcome.pdf- derived from the individual’s professional position. ./Mr_Paul_Laidler_Professional_conduct_panel_outcome.pdf- ./Mr_Paul_Laidler_Professional_conduct_panel_outcome.pdf-Even though some of the behaviour found proved in this case indicated that a prohibition ./Mr_Paul_Laidler_Professional_conduct_panel_outcome.pdf-order would be appropriate, the panel went on to consider the mitigating factors. ./Mr_Paul_Laidler_Professional_conduct_panel_outcome.pdf-Mitigating factors may indicate that a prohibition order would not be appropriate or ./Mr_Paul_Laidler_Professional_conduct_panel_outcome.pdf-proportionate. ./Mr_Paul_Laidler_Professional_conduct_panel_outcome.pdf- ./Mr_Paul_Laidler_Professional_conduct_panel_outcome.pdf-There was no evidence that Mr Laidler’s actions were not deliberate. There was no ./Mr_Paul_Laidler_Professional_conduct_panel_outcome.pdf-evidence to suggest that Mr Laidler was acting under duress. ./Mr_Paul_Laidler_Professional_conduct_panel_outcome.pdf- -- ./Mr_Paul_Laidler_Professional_conduct_panel_outcome.pdf-recommendation to the Secretary of State that a prohibition order should be imposed with ./Mr_Paul_Laidler_Professional_conduct_panel_outcome.pdf-immediate effect. ./Mr_Paul_Laidler_Professional_conduct_panel_outcome.pdf- ./Mr_Paul_Laidler_Professional_conduct_panel_outcome.pdf-The panel went on to consider whether or not it would be appropriate for it to decide to ./Mr_Paul_Laidler_Professional_conduct_panel_outcome.pdf-recommend a review period of the order. The panel was mindful that the Advice states ./Mr_Paul_Laidler_Professional_conduct_panel_outcome.pdf-that a prohibition order applies for life, but there may be circumstances, in any given ./Mr_Paul_Laidler_Professional_conduct_panel_outcome.pdf-case, that may make it appropriate to allow a teacher to apply to have the prohibition ./Mr_Paul_Laidler_Professional_conduct_panel_outcome.pdf-order reviewed after a specified period of time that may not be less than 2 years. ./Mr_Paul_Laidler_Professional_conduct_panel_outcome.pdf- ./Mr_Paul_Laidler_Professional_conduct_panel_outcome.pdf-The Advice indicates that there are behaviours that, if proved, would militate against the ./Mr_Paul_Laidler_Professional_conduct_panel_outcome.pdf:recommendation of a review period. One of these behaviours is serious sexual ./Mr_Paul_Laidler_Professional_conduct_panel_outcome.pdf:misconduct, such as where the act was sexually motivated and resulted in, or had the ./Mr_Paul_Laidler_Professional_conduct_panel_outcome.pdf-potential to result in, harm to a person or persons, particularly where the individual has ./Mr_Paul_Laidler_Professional_conduct_panel_outcome.pdf-used his professional position to influence or exploit a person or persons. The panel ./Mr_Paul_Laidler_Professional_conduct_panel_outcome.pdf:found that Mr Laidler was responsible for engaging in sexual activity with a former pupil ./Mr_Paul_Laidler_Professional_conduct_panel_outcome.pdf-when she was heavily under the influence of alcohol, which by its nature was an abuse of ./Mr_Paul_Laidler_Professional_conduct_panel_outcome.pdf-his position of trust, as the former pupil’s teacher, and which demonstrated a failure to ./Mr_Paul_Laidler_Professional_conduct_panel_outcome.pdf-maintain professional boundaries. ./Mr_Paul_Laidler_Professional_conduct_panel_outcome.pdf- ./Mr_Paul_Laidler_Professional_conduct_panel_outcome.pdf-Although the panel was referred to character statements which spoke of Mr Laidler’s ./Mr_Paul_Laidler_Professional_conduct_panel_outcome.pdf-remorse, the panel was not able to test this evidence nor hear from Mr Laidler directly. ./Mr_Paul_Laidler_Professional_conduct_panel_outcome.pdf-Further, it was noted that in his police interview Mr Laidler had expressed anger that the ./Mr_Paul_Laidler_Professional_conduct_panel_outcome.pdf-incident had been reported by Former Pupil A. Accordingly, the panel was not satisfied ./Mr_Paul_Laidler_Professional_conduct_panel_outcome.pdf- ./Mr_Paul_Laidler_Professional_conduct_panel_outcome.pdf- 11 -- ./Mr_Paul_Laidler_Professional_conduct_panel_outcome.pdf-The findings of misconduct are very serious as they include a finding of failing to adhere ./Mr_Paul_Laidler_Professional_conduct_panel_outcome.pdf:to professional boundaries and engaging in inappropriate, sexual conduct with a former ./Mr_Paul_Laidler_Professional_conduct_panel_outcome.pdf-pupil who was under the influence of alcohol, which was an abuse of trust and conduct ./Mr_Paul_Laidler_Professional_conduct_panel_outcome.pdf-that Mr Laidler ought to have known was wrong. ./Mr_Paul_Laidler_Professional_conduct_panel_outcome.pdf- ./Mr_Paul_Laidler_Professional_conduct_panel_outcome.pdf-I have to determine whether the imposition of a prohibition order is proportionate and in ./Mr_Paul_Laidler_Professional_conduct_panel_outcome.pdf-the public interest. In considering that for this case, I have considered the overall aim of a ./Mr_Paul_Laidler_Professional_conduct_panel_outcome.pdf-prohibition order which is to protect pupils and to maintain public confidence in the ./Mr_Paul_Laidler_Professional_conduct_panel_outcome.pdf-profession. I have considered the extent to which a prohibition order in this case would ./Mr_Paul_Laidler_Professional_conduct_panel_outcome.pdf-achieve that aim taking into account the impact that it will have on the individual teacher. ./Mr_Paul_Laidler_Professional_conduct_panel_outcome.pdf-I have also asked myself, whether a less intrusive measure, such as the published ./Mr_Paul_Laidler_Professional_conduct_panel_outcome.pdf-finding of unacceptable professional conduct and conduct that may bring the profession -- ./Mr_Paul_Laidler_Professional_conduct_panel_outcome.pdf-similar incident from occurring in future were significant factors”. In my judgement, the ./Mr_Paul_Laidler_Professional_conduct_panel_outcome.pdf-lack of insight means that there is some risk of the repetition of this behaviour and this ./Mr_Paul_Laidler_Professional_conduct_panel_outcome.pdf-puts at risk pupil safety and welfare. I have therefore given this element considerable ./Mr_Paul_Laidler_Professional_conduct_panel_outcome.pdf-weight in reaching my decision. ./Mr_Paul_Laidler_Professional_conduct_panel_outcome.pdf- ./Mr_Paul_Laidler_Professional_conduct_panel_outcome.pdf-I have gone on to consider the extent to which a prohibition order would maintain public ./Mr_Paul_Laidler_Professional_conduct_panel_outcome.pdf-confidence in the profession. The panel observe, “public confidence in the profession ./Mr_Paul_Laidler_Professional_conduct_panel_outcome.pdf-could be seriously weakened if conduct such as that found against Mr Laidler were not ./Mr_Paul_Laidler_Professional_conduct_panel_outcome.pdf-treated with the utmost seriousness when regulating the conduct of the profession”. ./Mr_Paul_Laidler_Professional_conduct_panel_outcome.pdf-Although the conduct took place outside the education setting, I am particularly mindful of ./Mr_Paul_Laidler_Professional_conduct_panel_outcome.pdf:the finding of engaging in an inappropriate sexual relationship with a former pupil in this ./Mr_Paul_Laidler_Professional_conduct_panel_outcome.pdf-case and the impact that such a finding has on the reputation of the profession. ./Mr_Paul_Laidler_Professional_conduct_panel_outcome.pdf- ./Mr_Paul_Laidler_Professional_conduct_panel_outcome.pdf-I have had to consider that the public has a high expectation of professional standards of ./Mr_Paul_Laidler_Professional_conduct_panel_outcome.pdf-all teachers and that the public might regard a failure to impose a prohibition order as a ./Mr_Paul_Laidler_Professional_conduct_panel_outcome.pdf-failure to uphold those high standards. In weighing these considerations, I have had to ./Mr_Paul_Laidler_Professional_conduct_panel_outcome.pdf-consider the matter from the point of view of an “ordinary intelligent and well-informed ./Mr_Paul_Laidler_Professional_conduct_panel_outcome.pdf-citizen.” ./Mr_Paul_Laidler_Professional_conduct_panel_outcome.pdf- ./Mr_Paul_Laidler_Professional_conduct_panel_outcome.pdf- ./Mr_Paul_Laidler_Professional_conduct_panel_outcome.pdf- 13 -- ./Mr_Paul_Laidler_Professional_conduct_panel_outcome.pdf-profession. ./Mr_Paul_Laidler_Professional_conduct_panel_outcome.pdf- ./Mr_Paul_Laidler_Professional_conduct_panel_outcome.pdf-For these reasons, I have concluded that a prohibition order is proportionate and in the ./Mr_Paul_Laidler_Professional_conduct_panel_outcome.pdf-public interest in order to achieve the intended aims of a prohibition order. ./Mr_Paul_Laidler_Professional_conduct_panel_outcome.pdf- ./Mr_Paul_Laidler_Professional_conduct_panel_outcome.pdf-I have gone on to consider the matter of a review period. In this case, the panel has ./Mr_Paul_Laidler_Professional_conduct_panel_outcome.pdf-recommended that no provision should be made for a review period. ./Mr_Paul_Laidler_Professional_conduct_panel_outcome.pdf- ./Mr_Paul_Laidler_Professional_conduct_panel_outcome.pdf-I have carefully considered the panel’s comments “The Advice indicates that there are ./Mr_Paul_Laidler_Professional_conduct_panel_outcome.pdf-behaviours that, if proved, would militate against the recommendation of a review period. ./Mr_Paul_Laidler_Professional_conduct_panel_outcome.pdf:One of these behaviours is serious sexual misconduct, such as where the act was ./Mr_Paul_Laidler_Professional_conduct_panel_outcome.pdf:sexually motivated and resulted in, or had the potential to result in, harm to a person or ./Mr_Paul_Laidler_Professional_conduct_panel_outcome.pdf-persons, particularly where the individual has used his professional position to influence ./Mr_Paul_Laidler_Professional_conduct_panel_outcome.pdf-or exploit a person or persons. The panel found that Mr Laidler was responsible for ./Mr_Paul_Laidler_Professional_conduct_panel_outcome.pdf:engaging in sexual activity with a former pupil when she was heavily under the influence ./Mr_Paul_Laidler_Professional_conduct_panel_outcome.pdf-of alcohol, which by its nature was an abuse of his position of trust, as the former pupil’s ./Mr_Paul_Laidler_Professional_conduct_panel_outcome.pdf-teacher, and which demonstrated a failure to maintain professional boundaries”. ./Mr_Paul_Laidler_Professional_conduct_panel_outcome.pdf- ./Mr_Paul_Laidler_Professional_conduct_panel_outcome.pdf-Due to the seriousness of the findings in this case and the lack of evidence to fully ./Mr_Paul_Laidler_Professional_conduct_panel_outcome.pdf-demonstrate Mr Laidler’s insight or remorse to prevent a similar incident from reoccurring ./Mr_Paul_Laidler_Professional_conduct_panel_outcome.pdf- ./Mr_Paul_Laidler_Professional_conduct_panel_outcome.pdf- 14 ./Mr_Paul_Laidler_Professional_conduct_panel_outcome.pdf- ./Mr_Paul_Richardson_Professional_conduct_panel_outcome.pdf- that effect; ./Mr_Paul_Richardson_Professional_conduct_panel_outcome.pdf- b. carried around a photo of Pupil B in his phone case; ./Mr_Paul_Richardson_Professional_conduct_panel_outcome.pdf- 3. Between late May and 12 August 2018, he: ./Mr_Paul_Richardson_Professional_conduct_panel_outcome.pdf- a. held the hand of Pupil C; ./Mr_Paul_Richardson_Professional_conduct_panel_outcome.pdf- b. kissed Pupil C; ./Mr_Paul_Richardson_Professional_conduct_panel_outcome.pdf- c. cuddled Pupil C; ./Mr_Paul_Richardson_Professional_conduct_panel_outcome.pdf- d. sent messages to Pupil C stating that: ./Mr_Paul_Richardson_Professional_conduct_panel_outcome.pdf- i. he loved her, or words to that effect; ./Mr_Paul_Richardson_Professional_conduct_panel_outcome.pdf- ii. he wanted to marry her, or words to that effect; ./Mr_Paul_Richardson_Professional_conduct_panel_outcome.pdf- iii. gave a key to Pupil C to his residence; ./Mr_Paul_Richardson_Professional_conduct_panel_outcome.pdf: 4. His conduct as set out in allegation 3 above was sexually motivated; ./Mr_Paul_Richardson_Professional_conduct_panel_outcome.pdf- 5. By his conduct in the foregoing paragraphs, he failed to observe a proper ./Mr_Paul_Richardson_Professional_conduct_panel_outcome.pdf- boundary appropriate to a teacher’ professional position. ./Mr_Paul_Richardson_Professional_conduct_panel_outcome.pdf- ./Mr_Paul_Richardson_Professional_conduct_panel_outcome.pdf- ./Mr_Paul_Richardson_Professional_conduct_panel_outcome.pdf-Mr Richardson accepted the facts of each of the allegations set out above and that the ./Mr_Paul_Richardson_Professional_conduct_panel_outcome.pdf-facts of the allegations amount to unacceptable professional conduct and conduct that ./Mr_Paul_Richardson_Professional_conduct_panel_outcome.pdf-may bring the teaching profession into disrepute. ./Mr_Paul_Richardson_Professional_conduct_panel_outcome.pdf- ./Mr_Paul_Richardson_Professional_conduct_panel_outcome.pdf- ./Mr_Paul_Richardson_Professional_conduct_panel_outcome.pdf-Preliminary applications -- ./Mr_Paul_Richardson_Professional_conduct_panel_outcome.pdf- d. sent messages to Pupil C stating that: ./Mr_Paul_Richardson_Professional_conduct_panel_outcome.pdf- i. you loved her, or words to that effect; ./Mr_Paul_Richardson_Professional_conduct_panel_outcome.pdf-Mr Richardson admitted to the facts of this allegation in the Statement of Agreed Facts ./Mr_Paul_Richardson_Professional_conduct_panel_outcome.pdf-which stated that he sent messages via WhatsApp to Pupil C stating that he loved her. ./Mr_Paul_Richardson_Professional_conduct_panel_outcome.pdf- ./Mr_Paul_Richardson_Professional_conduct_panel_outcome.pdf-During a police interview, when asked what Mr Richardson meant by ‘love her’ [Pupil C], ./Mr_Paul_Richardson_Professional_conduct_panel_outcome.pdf:Mr Richardson stated “there was never a sexual thing more of a friendship, like I love ya, ./Mr_Paul_Richardson_Professional_conduct_panel_outcome.pdf-let me help you sort of thing.” ./Mr_Paul_Richardson_Professional_conduct_panel_outcome.pdf- ./Mr_Paul_Richardson_Professional_conduct_panel_outcome.pdf-The panel found allegation 3d(i) proved. ./Mr_Paul_Richardson_Professional_conduct_panel_outcome.pdf- ./Mr_Paul_Richardson_Professional_conduct_panel_outcome.pdf- ii. you wanted to marry her, or words to that effect; ./Mr_Paul_Richardson_Professional_conduct_panel_outcome.pdf-Mr Richardson admitted to the facts of this allegation in the Statement of Agreed Facts ./Mr_Paul_Richardson_Professional_conduct_panel_outcome.pdf-which stated that he sent messages via WhatsApp to Pupil C stating he wanted to marry ./Mr_Paul_Richardson_Professional_conduct_panel_outcome.pdf-her when she turned eighteen years old. ./Mr_Paul_Richardson_Professional_conduct_panel_outcome.pdf- ./Mr_Paul_Richardson_Professional_conduct_panel_outcome.pdf-During a police interview, when asked if there had been any mention of marriage, Pupil C -- ./Mr_Paul_Richardson_Professional_conduct_panel_outcome.pdf-Mr Richardson admitted to the facts of this allegation in the Statement of Agreed Facts ./Mr_Paul_Richardson_Professional_conduct_panel_outcome.pdf-which stated that he gave a key to Pupil C to his residence in or around June or July ./Mr_Paul_Richardson_Professional_conduct_panel_outcome.pdf-2018. ./Mr_Paul_Richardson_Professional_conduct_panel_outcome.pdf- ./Mr_Paul_Richardson_Professional_conduct_panel_outcome.pdf-During a police interview, when asked whether he gave Pupil C key to your house, Mr ./Mr_Paul_Richardson_Professional_conduct_panel_outcome.pdf-Richardson said “Yeah it stemmed from a joke, Wit 2 and Pupil C when they dropped the ./Mr_Paul_Richardson_Professional_conduct_panel_outcome.pdf-rabbit off.” ./Mr_Paul_Richardson_Professional_conduct_panel_outcome.pdf- ./Mr_Paul_Richardson_Professional_conduct_panel_outcome.pdf-The panel found allegation 3d(iii) proved. ./Mr_Paul_Richardson_Professional_conduct_panel_outcome.pdf- ./Mr_Paul_Richardson_Professional_conduct_panel_outcome.pdf: 4. Your conduct as set out in allegation 3 above was sexually motivated; ./Mr_Paul_Richardson_Professional_conduct_panel_outcome.pdf-The panel had regard for the legal adviser’s advice. ./Mr_Paul_Richardson_Professional_conduct_panel_outcome.pdf- ./Mr_Paul_Richardson_Professional_conduct_panel_outcome.pdf-The panel noted that in the case of Basson v GMC (2018), it stated “the state of a ./Mr_Paul_Richardson_Professional_conduct_panel_outcome.pdf-person’s mind is not something that can be proved by direct observation. It can only be ./Mr_Paul_Richardson_Professional_conduct_panel_outcome.pdf-proved by inference or deduction from the surrounding evidence”. ./Mr_Paul_Richardson_Professional_conduct_panel_outcome.pdf- ./Mr_Paul_Richardson_Professional_conduct_panel_outcome.pdf:It was also stated in this case that a sexual motive means the conduct was done either in ./Mr_Paul_Richardson_Professional_conduct_panel_outcome.pdf:pursuit of sexual gratification or in pursuit of a future sexual relationship. ./Mr_Paul_Richardson_Professional_conduct_panel_outcome.pdf- ./Mr_Paul_Richardson_Professional_conduct_panel_outcome.pdf-The panel considered the case of GMC v Haris (2020). The panel asked itself whether on ./Mr_Paul_Richardson_Professional_conduct_panel_outcome.pdf-the balance of probabilities, reasonable persons would think the words and actions found ./Mr_Paul_Richardson_Professional_conduct_panel_outcome.pdf:proven could be sexual. ./Mr_Paul_Richardson_Professional_conduct_panel_outcome.pdf- ./Mr_Paul_Richardson_Professional_conduct_panel_outcome.pdf- 11 ./Mr_Paul_Richardson_Professional_conduct_panel_outcome.pdf- -- ./Mr_Paul_Richardson_Professional_conduct_panel_outcome.pdf:The panel considered that Mr Richardson’s conduct in allegation 3 was sexually ./Mr_Paul_Richardson_Professional_conduct_panel_outcome.pdf-motivated for the following reasons: ./Mr_Paul_Richardson_Professional_conduct_panel_outcome.pdf- ./Mr_Paul_Richardson_Professional_conduct_panel_outcome.pdf-The panel noted that by the very nature of Mr Richardson’s conduct in kissing and ./Mr_Paul_Richardson_Professional_conduct_panel_outcome.pdf:cuddling Pupil C upstairs in his home was in pursuit of his own sexual gratification. The ./Mr_Paul_Richardson_Professional_conduct_panel_outcome.pdf-panel was of the view that his actions would be considered by a reasonable person to be ./Mr_Paul_Richardson_Professional_conduct_panel_outcome.pdf:sexually motivated. ./Mr_Paul_Richardson_Professional_conduct_panel_outcome.pdf- ./Mr_Paul_Richardson_Professional_conduct_panel_outcome.pdf-Mr Richardson admitted to the facts of this allegation in the Statement of Agreed Facts in ./Mr_Paul_Richardson_Professional_conduct_panel_outcome.pdf:that his actions in allegation 3 were in the pursuit of sexual gratification and in pursuit of a ./Mr_Paul_Richardson_Professional_conduct_panel_outcome.pdf:future sexual relationship. ./Mr_Paul_Richardson_Professional_conduct_panel_outcome.pdf- ./Mr_Paul_Richardson_Professional_conduct_panel_outcome.pdf-The panel found allegation 4 proved. ./Mr_Paul_Richardson_Professional_conduct_panel_outcome.pdf- ./Mr_Paul_Richardson_Professional_conduct_panel_outcome.pdf- 5. By your conduct in the foregoing paragraphs, you failed to observe a proper ./Mr_Paul_Richardson_Professional_conduct_panel_outcome.pdf- boundary appropriate to a teacher’ professional position. ./Mr_Paul_Richardson_Professional_conduct_panel_outcome.pdf-Mr Richardson admitted to the facts of this allegation in the Statement of Agreed Facts in ./Mr_Paul_Richardson_Professional_conduct_panel_outcome.pdf-that by his conduct in allegation 1, 2, 3 and 4, he failed to observe a proper boundary ./Mr_Paul_Richardson_Professional_conduct_panel_outcome.pdf-appropriate to a teacher’s professional position. ./Mr_Paul_Richardson_Professional_conduct_panel_outcome.pdf- ./Mr_Paul_Richardson_Professional_conduct_panel_outcome.pdf-Mr Richardson admitted that his behaviour was inappropriate. -- ./Mr_Paul_Richardson_Professional_conduct_panel_outcome.pdf-supported safeguarding. ./Mr_Paul_Richardson_Professional_conduct_panel_outcome.pdf- ./Mr_Paul_Richardson_Professional_conduct_panel_outcome.pdf-The panel was satisfied that the conduct of Mr Richardson in relation to the facts found ./Mr_Paul_Richardson_Professional_conduct_panel_outcome.pdf-proved, involved breaches of Working Together to Safeguard Children as everyone who ./Mr_Paul_Richardson_Professional_conduct_panel_outcome.pdf-works with children has a responsibility for keeping them safe. The panel considered that ./Mr_Paul_Richardson_Professional_conduct_panel_outcome.pdf-Mr Richardson’s conduct had the potential seriously to impact his safeguarding ./Mr_Paul_Richardson_Professional_conduct_panel_outcome.pdf-responsibilities. ./Mr_Paul_Richardson_Professional_conduct_panel_outcome.pdf- ./Mr_Paul_Richardson_Professional_conduct_panel_outcome.pdf-The panel was satisfied that the conduct of Mr Richardson fell significantly short of the ./Mr_Paul_Richardson_Professional_conduct_panel_outcome.pdf-standard of behaviour expected of a teacher by the very nature of his conduct, including ./Mr_Paul_Richardson_Professional_conduct_panel_outcome.pdf:a finding of sexually motivated conduct. ./Mr_Paul_Richardson_Professional_conduct_panel_outcome.pdf- ./Mr_Paul_Richardson_Professional_conduct_panel_outcome.pdf-The panel also considered whether Mr Richardson’s conduct displayed behaviours ./Mr_Paul_Richardson_Professional_conduct_panel_outcome.pdf-associated with any of the offences in the list that begins on page 12 of the Advice. ./Mr_Paul_Richardson_Professional_conduct_panel_outcome.pdf- ./Mr_Paul_Richardson_Professional_conduct_panel_outcome.pdf:The panel found that the offence of sexual activity was relevant. ./Mr_Paul_Richardson_Professional_conduct_panel_outcome.pdf- ./Mr_Paul_Richardson_Professional_conduct_panel_outcome.pdf-The Advice indicates that where behaviours associated with such an offence exist, a ./Mr_Paul_Richardson_Professional_conduct_panel_outcome.pdf-panel is likely to conclude that an individual’s conduct would amount to unacceptable ./Mr_Paul_Richardson_Professional_conduct_panel_outcome.pdf-professional conduct. ./Mr_Paul_Richardson_Professional_conduct_panel_outcome.pdf- ./Mr_Paul_Richardson_Professional_conduct_panel_outcome.pdf-The panel noted that the allegation 3 took place outside the education setting and after ./Mr_Paul_Richardson_Professional_conduct_panel_outcome.pdf-Pupil C had left the School following completion of her GCSE exams. The panel noted ./Mr_Paul_Richardson_Professional_conduct_panel_outcome.pdf-that Mr Richardson had met Pupil C whilst she was a pupil at the School and had it not ./Mr_Paul_Richardson_Professional_conduct_panel_outcome.pdf-been for the School setting, Mr Richardson would not have known Pupil C. The panel ./Mr_Paul_Richardson_Professional_conduct_panel_outcome.pdf-considered that Mr Richardson’s proven conduct included serious misconduct that was ./Mr_Paul_Richardson_Professional_conduct_panel_outcome.pdf:sexually motivated. The panel noted that Mr Richardson’s serious misconduct would ./Mr_Paul_Richardson_Professional_conduct_panel_outcome.pdf-adversely affect the way Mr Richardson fulfilled his teaching role. ./Mr_Paul_Richardson_Professional_conduct_panel_outcome.pdf- ./Mr_Paul_Richardson_Professional_conduct_panel_outcome.pdf-The panel took into account the way the teaching profession is viewed by others, the ./Mr_Paul_Richardson_Professional_conduct_panel_outcome.pdf-responsibilities and duties of teachers in relation to the safeguarding and welfare of ./Mr_Paul_Richardson_Professional_conduct_panel_outcome.pdf- ./Mr_Paul_Richardson_Professional_conduct_panel_outcome.pdf- ./Mr_Paul_Richardson_Professional_conduct_panel_outcome.pdf- 13 ./Mr_Paul_Richardson_Professional_conduct_panel_outcome.pdf- -- ./Mr_Paul_Richardson_Professional_conduct_panel_outcome.pdf-pupils. The panel considered the influence that teachers may have on pupils, parents and ./Mr_Paul_Richardson_Professional_conduct_panel_outcome.pdf-others in the community. The panel also took account of the uniquely influential role that ./Mr_Paul_Richardson_Professional_conduct_panel_outcome.pdf-teachers can hold in pupils’ lives and the fact that pupils must be able to view teachers as ./Mr_Paul_Richardson_Professional_conduct_panel_outcome.pdf-role models in the way that they behave. ./Mr_Paul_Richardson_Professional_conduct_panel_outcome.pdf- ./Mr_Paul_Richardson_Professional_conduct_panel_outcome.pdf-The panel also considered whether Mr Richardson’s conduct displayed behaviours ./Mr_Paul_Richardson_Professional_conduct_panel_outcome.pdf-associated with any of the offences in the list that begins on page 12 of the Advice. ./Mr_Paul_Richardson_Professional_conduct_panel_outcome.pdf- ./Mr_Paul_Richardson_Professional_conduct_panel_outcome.pdf:The panel found that the offence of sexual activity was relevant. ./Mr_Paul_Richardson_Professional_conduct_panel_outcome.pdf- ./Mr_Paul_Richardson_Professional_conduct_panel_outcome.pdf-The Advice indicates that where behaviours associated with such an offence exist, a ./Mr_Paul_Richardson_Professional_conduct_panel_outcome.pdf-panel is likely to conclude that an individual’s conduct would amount to conduct that may ./Mr_Paul_Richardson_Professional_conduct_panel_outcome.pdf-bring the profession into disrepute. ./Mr_Paul_Richardson_Professional_conduct_panel_outcome.pdf- ./Mr_Paul_Richardson_Professional_conduct_panel_outcome.pdf-The panel noted that the advice is not intended to be exhaustive and there may be other ./Mr_Paul_Richardson_Professional_conduct_panel_outcome.pdf-behaviours that panels consider to be “conduct that may bring the profession into ./Mr_Paul_Richardson_Professional_conduct_panel_outcome.pdf-disrepute”. ./Mr_Paul_Richardson_Professional_conduct_panel_outcome.pdf- ./Mr_Paul_Richardson_Professional_conduct_panel_outcome.pdf:The findings of misconduct are serious, including a finding of sexually motivated conduct, ./Mr_Paul_Richardson_Professional_conduct_panel_outcome.pdf-and the conduct displayed would be likely to have a negative impact on the individual’s ./Mr_Paul_Richardson_Professional_conduct_panel_outcome.pdf-status as a teacher. ./Mr_Paul_Richardson_Professional_conduct_panel_outcome.pdf- ./Mr_Paul_Richardson_Professional_conduct_panel_outcome.pdf-The panel considered that the nature of Mr Richardson’s conduct could potentially ./Mr_Paul_Richardson_Professional_conduct_panel_outcome.pdf-damage the public’s perception of a teacher. ./Mr_Paul_Richardson_Professional_conduct_panel_outcome.pdf- ./Mr_Paul_Richardson_Professional_conduct_panel_outcome.pdf-Having found the facts of particulars 1, 2, 3, 4 and 5 proved, the panel further found that ./Mr_Paul_Richardson_Professional_conduct_panel_outcome.pdf-Mr Richardson’s conduct amounted to both unacceptable professional conduct and ./Mr_Paul_Richardson_Professional_conduct_panel_outcome.pdf-conduct that may bring the profession into disrepute. ./Mr_Paul_Richardson_Professional_conduct_panel_outcome.pdf- -- ./Mr_Paul_Richardson_Professional_conduct_panel_outcome.pdf-maintenance of public confidence in the profession and declaring and upholding proper ./Mr_Paul_Richardson_Professional_conduct_panel_outcome.pdf-standards of conduct. ./Mr_Paul_Richardson_Professional_conduct_panel_outcome.pdf- ./Mr_Paul_Richardson_Professional_conduct_panel_outcome.pdf-In the light of the panel’s findings against Mr Richardson, which involved a finding of ./Mr_Paul_Richardson_Professional_conduct_panel_outcome.pdf:conduct which was sexually motivated, there was a strong public interest consideration in ./Mr_Paul_Richardson_Professional_conduct_panel_outcome.pdf-respect of the safeguarding and wellbeing of pupils, given the serious findings of failing to ./Mr_Paul_Richardson_Professional_conduct_panel_outcome.pdf-observe a proper boundary appropriate to a teacher’s professional position and exploiting ./Mr_Paul_Richardson_Professional_conduct_panel_outcome.pdf-his position of trust. ./Mr_Paul_Richardson_Professional_conduct_panel_outcome.pdf- ./Mr_Paul_Richardson_Professional_conduct_panel_outcome.pdf-Similarly, the panel considered that public confidence in the profession could be seriously ./Mr_Paul_Richardson_Professional_conduct_panel_outcome.pdf-weakened if conduct such as that found against Mr Richardson was not treated with the ./Mr_Paul_Richardson_Professional_conduct_panel_outcome.pdf-utmost seriousness when regulating the conduct of the profession. ./Mr_Paul_Richardson_Professional_conduct_panel_outcome.pdf- ./Mr_Paul_Richardson_Professional_conduct_panel_outcome.pdf-The panel was of the view that a strong public interest consideration in declaring proper ./Mr_Paul_Richardson_Professional_conduct_panel_outcome.pdf-standards of conduct in the profession was also present as the conduct found against Mr -- ./Mr_Paul_Richardson_Professional_conduct_panel_outcome.pdf- ./Mr_Paul_Richardson_Professional_conduct_panel_outcome.pdf- o serious departure from the personal and professional conduct elements of ./Mr_Paul_Richardson_Professional_conduct_panel_outcome.pdf- the Teachers’ Standards; ./Mr_Paul_Richardson_Professional_conduct_panel_outcome.pdf- ./Mr_Paul_Richardson_Professional_conduct_panel_outcome.pdf- o misconduct seriously affecting the education and/or safeguarding and well- ./Mr_Paul_Richardson_Professional_conduct_panel_outcome.pdf- being of pupils, and particularly where there is a continuing risk; ./Mr_Paul_Richardson_Professional_conduct_panel_outcome.pdf- ./Mr_Paul_Richardson_Professional_conduct_panel_outcome.pdf- o abuse of position or trust (particularly involving vulnerable pupils) ./Mr_Paul_Richardson_Professional_conduct_panel_outcome.pdf- ./Mr_Paul_Richardson_Professional_conduct_panel_outcome.pdf- o an abuse of any trust, knowledge, or influence gained through their ./Mr_Paul_Richardson_Professional_conduct_panel_outcome.pdf: professional position in order to advance a romantic or sexual relationship ./Mr_Paul_Richardson_Professional_conduct_panel_outcome.pdf- with a pupil or former pupil; ./Mr_Paul_Richardson_Professional_conduct_panel_outcome.pdf- ./Mr_Paul_Richardson_Professional_conduct_panel_outcome.pdf: o sexual misconduct, for example, involving actions that were sexually ./Mr_Paul_Richardson_Professional_conduct_panel_outcome.pdf: motivated or of a sexual nature and/or that use or exploit the trust, ./Mr_Paul_Richardson_Professional_conduct_panel_outcome.pdf- knowledge or influence derived from the individual’s professional position ./Mr_Paul_Richardson_Professional_conduct_panel_outcome.pdf- ./Mr_Paul_Richardson_Professional_conduct_panel_outcome.pdf-The panel noted that the teacher failed to offer any mitigation or character references to ./Mr_Paul_Richardson_Professional_conduct_panel_outcome.pdf-attest to his abilities as a teacher. ./Mr_Paul_Richardson_Professional_conduct_panel_outcome.pdf- ./Mr_Paul_Richardson_Professional_conduct_panel_outcome.pdf- ./Mr_Paul_Richardson_Professional_conduct_panel_outcome.pdf- 15 ./Mr_Paul_Richardson_Professional_conduct_panel_outcome.pdf- -- ./Mr_Paul_Richardson_Professional_conduct_panel_outcome.pdf-made by the panel would be sufficient. ./Mr_Paul_Richardson_Professional_conduct_panel_outcome.pdf- ./Mr_Paul_Richardson_Professional_conduct_panel_outcome.pdf-The panel was of the view that, applying the standard of the ordinary intelligent citizen, it ./Mr_Paul_Richardson_Professional_conduct_panel_outcome.pdf-would not be a proportionate and appropriate response to recommend no prohibition ./Mr_Paul_Richardson_Professional_conduct_panel_outcome.pdf-order. Recommending that the publication of adverse findings would be sufficient would ./Mr_Paul_Richardson_Professional_conduct_panel_outcome.pdf-unacceptably compromise the public interest considerations present in this case, despite ./Mr_Paul_Richardson_Professional_conduct_panel_outcome.pdf-the severity of the consequences for Mr Richardson of prohibition. ./Mr_Paul_Richardson_Professional_conduct_panel_outcome.pdf- ./Mr_Paul_Richardson_Professional_conduct_panel_outcome.pdf-The panel was of the view that prohibition was both proportionate and appropriate. The ./Mr_Paul_Richardson_Professional_conduct_panel_outcome.pdf-panel decided that the public interest considerations outweighed the interests of Mr ./Mr_Paul_Richardson_Professional_conduct_panel_outcome.pdf:Richardson. The finding of sexually motivated conduct and failure to observe a proper ./Mr_Paul_Richardson_Professional_conduct_panel_outcome.pdf-boundary appropriate to a teacher’s professional position were significant factors in ./Mr_Paul_Richardson_Professional_conduct_panel_outcome.pdf-forming that opinion. The panel was concerned about Mr Richardson’s sheer lack of ./Mr_Paul_Richardson_Professional_conduct_panel_outcome.pdf-insight into the impact his conduct would have on the pupils, the School and the wider ./Mr_Paul_Richardson_Professional_conduct_panel_outcome.pdf-community. Accordingly, the panel made a recommendation to the Secretary of State ./Mr_Paul_Richardson_Professional_conduct_panel_outcome.pdf-that a prohibition order should be imposed with immediate effect. ./Mr_Paul_Richardson_Professional_conduct_panel_outcome.pdf- ./Mr_Paul_Richardson_Professional_conduct_panel_outcome.pdf-The panel went on to consider whether or not it would be appropriate for it to decide to ./Mr_Paul_Richardson_Professional_conduct_panel_outcome.pdf-recommend a review period of the order. The panel was mindful that the Advice states ./Mr_Paul_Richardson_Professional_conduct_panel_outcome.pdf-that a prohibition order applies for life, but there may be circumstances, in any given ./Mr_Paul_Richardson_Professional_conduct_panel_outcome.pdf- -- ./Mr_Paul_Richardson_Professional_conduct_panel_outcome.pdf-case, that may make it appropriate to allow a teacher to apply to have the prohibition ./Mr_Paul_Richardson_Professional_conduct_panel_outcome.pdf-order reviewed after a specified period of time that may not be less than 2 years. ./Mr_Paul_Richardson_Professional_conduct_panel_outcome.pdf- ./Mr_Paul_Richardson_Professional_conduct_panel_outcome.pdf-The Advice indicates that there are cases involving certain conduct where it is likely that ./Mr_Paul_Richardson_Professional_conduct_panel_outcome.pdf-the public interest will have greater relevance and weigh in favour of not offering a review ./Mr_Paul_Richardson_Professional_conduct_panel_outcome.pdf:period. These cases include serious sexual misconduct, e.g. where the act was sexually ./Mr_Paul_Richardson_Professional_conduct_panel_outcome.pdf-motivated and resulted in, or had the potential to result in, harm to a person or persons, ./Mr_Paul_Richardson_Professional_conduct_panel_outcome.pdf-particularly where the individual has used his professional position to influence or exploit ./Mr_Paul_Richardson_Professional_conduct_panel_outcome.pdf:a person or persons or any sexual misconduct involving a child. ./Mr_Paul_Richardson_Professional_conduct_panel_outcome.pdf- ./Mr_Paul_Richardson_Professional_conduct_panel_outcome.pdf:The panel found that Mr Richardson’s conduct in respect of allegation 3 was sexually ./Mr_Paul_Richardson_Professional_conduct_panel_outcome.pdf-motivated, which is linked to the above conduct which recommends no review period. ./Mr_Paul_Richardson_Professional_conduct_panel_outcome.pdf- ./Mr_Paul_Richardson_Professional_conduct_panel_outcome.pdf:The panel noted that in its experience, whilst Mr Richardson’s conduct was sexually ./Mr_Paul_Richardson_Professional_conduct_panel_outcome.pdf:motivated, it was not, in its opinion, the most serious sexually motivated conduct to ./Mr_Paul_Richardson_Professional_conduct_panel_outcome.pdf-warrant a period of no review. The panel noted that, in the circumstances, it would be ./Mr_Paul_Richardson_Professional_conduct_panel_outcome.pdf-disproportionately punitive to recommend a prohibition order without provision for review. ./Mr_Paul_Richardson_Professional_conduct_panel_outcome.pdf- ./Mr_Paul_Richardson_Professional_conduct_panel_outcome.pdf-As noted above, Mr Richardson failed to offer any mitigation, insight into his actions, or ./Mr_Paul_Richardson_Professional_conduct_panel_outcome.pdf-remorse, which affected the panel’s view on the length of review period which would be ./Mr_Paul_Richardson_Professional_conduct_panel_outcome.pdf-appropriate in the circumstances. Whilst Mr Richardson indicated that he had no intention ./Mr_Paul_Richardson_Professional_conduct_panel_outcome.pdf-of returning to a career in the teaching profession, the panel was mindful that Mr ./Mr_Paul_Richardson_Professional_conduct_panel_outcome.pdf-Richardson’s position may change in the future. The panel therefore exercised significant ./Mr_Paul_Richardson_Professional_conduct_panel_outcome.pdf-caution when considering the review period, noting the serious safeguarding issues and ./Mr_Paul_Richardson_Professional_conduct_panel_outcome.pdf-the pattern of behaviour towards teenage female pupils, to minimise the risk of Mr -- ./Mr_Paul_Richardson_Professional_conduct_panel_outcome.pdf- ./Mr_Paul_Richardson_Professional_conduct_panel_outcome.pdf-  Teachers must have an understanding of, and always act within, the statutory ./Mr_Paul_Richardson_Professional_conduct_panel_outcome.pdf- frameworks which set out their professional duties and responsibilities. ./Mr_Paul_Richardson_Professional_conduct_panel_outcome.pdf- ./Mr_Paul_Richardson_Professional_conduct_panel_outcome.pdf-The panel was satisfied that the conduct of Mr Richardson, involved breaches of the ./Mr_Paul_Richardson_Professional_conduct_panel_outcome.pdf-responsibilities and duties set out in statutory guidance Keeping children safe in ./Mr_Paul_Richardson_Professional_conduct_panel_outcome.pdf-education (KCSIE) and involved breaches of Working Together to Safeguard Children. ./Mr_Paul_Richardson_Professional_conduct_panel_outcome.pdf- ./Mr_Paul_Richardson_Professional_conduct_panel_outcome.pdf-The panel finds that the conduct of Mr Richardson fell significantly short of the standards ./Mr_Paul_Richardson_Professional_conduct_panel_outcome.pdf-expected of the profession. The findings of misconduct are particularly serious as they ./Mr_Paul_Richardson_Professional_conduct_panel_outcome.pdf:include a finding of sexually motivated conduct. ./Mr_Paul_Richardson_Professional_conduct_panel_outcome.pdf- ./Mr_Paul_Richardson_Professional_conduct_panel_outcome.pdf-I have to determine whether the imposition of a prohibition order is proportionate and in ./Mr_Paul_Richardson_Professional_conduct_panel_outcome.pdf-the public interest. In considering that for this case, I have considered the overall aim of a ./Mr_Paul_Richardson_Professional_conduct_panel_outcome.pdf-prohibition order which is to protect pupils and to maintain public confidence in the ./Mr_Paul_Richardson_Professional_conduct_panel_outcome.pdf-profession. I have considered the extent to which a prohibition order in this case would ./Mr_Paul_Richardson_Professional_conduct_panel_outcome.pdf-achieve that aim taking into account the impact that it will have on the individual teacher. ./Mr_Paul_Richardson_Professional_conduct_panel_outcome.pdf-I have also asked myself, whether a less intrusive measure, such as the published ./Mr_Paul_Richardson_Professional_conduct_panel_outcome.pdf-finding of unacceptable professional conduct and conduct that may bring the profession ./Mr_Paul_Richardson_Professional_conduct_panel_outcome.pdf-into disrepute, would itself be sufficient to achieve the overall aim. I have to consider ./Mr_Paul_Richardson_Professional_conduct_panel_outcome.pdf-whether the consequences of such a publication are themselves sufficient. I have -- ./Mr_Paul_Richardson_Professional_conduct_panel_outcome.pdf-had on the lives of the pupils and the ongoing effect that his conduct still has on the ./Mr_Paul_Richardson_Professional_conduct_panel_outcome.pdf-pupils concerned.” The panel has also commented, “The panel was concerned about Mr ./Mr_Paul_Richardson_Professional_conduct_panel_outcome.pdf-Richardson’s sheer lack of insight into the impact his conduct would have on the pupils, ./Mr_Paul_Richardson_Professional_conduct_panel_outcome.pdf-the School and the wider community.” I have therefore given this element considerable ./Mr_Paul_Richardson_Professional_conduct_panel_outcome.pdf-weight in reaching my decision. ./Mr_Paul_Richardson_Professional_conduct_panel_outcome.pdf- ./Mr_Paul_Richardson_Professional_conduct_panel_outcome.pdf-I have gone on to consider the extent to which a prohibition order would maintain public ./Mr_Paul_Richardson_Professional_conduct_panel_outcome.pdf-confidence in the profession. The panel observe, “the panel considered that public ./Mr_Paul_Richardson_Professional_conduct_panel_outcome.pdf-confidence in the profession could be seriously weakened if conduct such as that found ./Mr_Paul_Richardson_Professional_conduct_panel_outcome.pdf-against Mr Richardson was not treated with the utmost seriousness when regulating the ./Mr_Paul_Richardson_Professional_conduct_panel_outcome.pdf:conduct of the profession.” I am particularly mindful of the finding of sexually motivated ./Mr_Paul_Richardson_Professional_conduct_panel_outcome.pdf-conduct in this case and the impact that such a finding has on the reputation of the ./Mr_Paul_Richardson_Professional_conduct_panel_outcome.pdf-profession. ./Mr_Paul_Richardson_Professional_conduct_panel_outcome.pdf- ./Mr_Paul_Richardson_Professional_conduct_panel_outcome.pdf-I have had to consider that the public has a high expectation of professional standards of ./Mr_Paul_Richardson_Professional_conduct_panel_outcome.pdf-all teachers and that the public might regard a failure to impose a prohibition order as a ./Mr_Paul_Richardson_Professional_conduct_panel_outcome.pdf-failure to uphold those high standards. In weighing these considerations, I have had to ./Mr_Paul_Richardson_Professional_conduct_panel_outcome.pdf-consider the matter from the point of view of an “ordinary intelligent and well-informed ./Mr_Paul_Richardson_Professional_conduct_panel_outcome.pdf-citizen.” ./Mr_Paul_Richardson_Professional_conduct_panel_outcome.pdf- ./Mr_Paul_Richardson_Professional_conduct_panel_outcome.pdf-I have considered whether the publication of a finding of unacceptable professional -- ./Mr_Paul_Richardson_Professional_conduct_panel_outcome.pdf-For these reasons, I have concluded that a prohibition order is proportionate and in the ./Mr_Paul_Richardson_Professional_conduct_panel_outcome.pdf-public interest in order to achieve the intended aims of a prohibition order. ./Mr_Paul_Richardson_Professional_conduct_panel_outcome.pdf- ./Mr_Paul_Richardson_Professional_conduct_panel_outcome.pdf-I have gone on to consider the matter of a review period. In this case, the panel has ./Mr_Paul_Richardson_Professional_conduct_panel_outcome.pdf-recommended a ten year review period. ./Mr_Paul_Richardson_Professional_conduct_panel_outcome.pdf- ./Mr_Paul_Richardson_Professional_conduct_panel_outcome.pdf-I have considered the panel’s comments “The panel found that Mr Richardson’s conduct ./Mr_Paul_Richardson_Professional_conduct_panel_outcome.pdf:in respect of allegation 3 was sexually motivated, which is linked to the above conduct ./Mr_Paul_Richardson_Professional_conduct_panel_outcome.pdf-which recommends no review period. The panel noted that in its experience, whilst Mr ./Mr_Paul_Richardson_Professional_conduct_panel_outcome.pdf:Richardson’s conduct was sexually motivated, it was not, in its opinion, the most serious ./Mr_Paul_Richardson_Professional_conduct_panel_outcome.pdf:sexually motivated conduct to warrant a period of no review. The panel noted that, in the ./Mr_Paul_Richardson_Professional_conduct_panel_outcome.pdf-circumstances, it would be disproportionately punitive to recommend a prohibition order ./Mr_Paul_Richardson_Professional_conduct_panel_outcome.pdf-without provision for review.” ./Mr_Paul_Richardson_Professional_conduct_panel_outcome.pdf- ./Mr_Paul_Richardson_Professional_conduct_panel_outcome.pdf-The panel has also said that, “Mr Richardson failed to offer any mitigation, insight into his ./Mr_Paul_Richardson_Professional_conduct_panel_outcome.pdf-actions, or remorse, which affected the panel’s view on the length of review period which ./Mr_Paul_Richardson_Professional_conduct_panel_outcome.pdf-would be appropriate in the circumstances. Whilst Mr Richardson indicated that he had ./Mr_Paul_Richardson_Professional_conduct_panel_outcome.pdf-no intention of returning to a career in the teaching profession, the panel was mindful that ./Mr_Paul_Richardson_Professional_conduct_panel_outcome.pdf-Mr Richardson’s position may change in the future. The panel therefore exercised ./Mr_Paul_Richardson_Professional_conduct_panel_outcome.pdf-significant caution when considering the review period, noting the serious safeguarding ./Mr_Paul_Richardson_Professional_conduct_panel_outcome.pdf-issues and the pattern of behaviour towards teenage female pupils, to minimise the risk ./Mr_Paul_Richardson_Professional_conduct_panel_outcome.pdf-of Mr Richardson repeating this type of misconduct in the future.” ./Mr_Paul_Richardson_Professional_conduct_panel_outcome.pdf- ./Mr_Paul_Richardson_Professional_conduct_panel_outcome.pdf-I have considered whether a ten year review period reflects the seriousness of the ./Mr_Paul_Richardson_Professional_conduct_panel_outcome.pdf-findings and is a proportionate period to achieve the aim of maintaining public confidence ./Mr_Paul_Richardson_Professional_conduct_panel_outcome.pdf-in the profession. In this case, factors mean that allowing a shorter review period is not ./Mr_Paul_Richardson_Professional_conduct_panel_outcome.pdf-sufficient to achieve the aim of maintaining public confidence in the profession. These ./Mr_Paul_Richardson_Professional_conduct_panel_outcome.pdf:elements are the finding of sexually motivated conduct, the pattern of behaviour towards ./Mr_Paul_Richardson_Professional_conduct_panel_outcome.pdf-teenage female pupils, and the lack of either insight or remorse. ./Mr_Paul_Richardson_Professional_conduct_panel_outcome.pdf- ./Mr_Paul_Richardson_Professional_conduct_panel_outcome.pdf-I consider therefore that a ten year review period is required to satisfy the maintenance of ./Mr_Paul_Richardson_Professional_conduct_panel_outcome.pdf-public confidence in the profession, after which the teacher may apply for the prohibition ./Mr_Paul_Richardson_Professional_conduct_panel_outcome.pdf-order to be set aside. ./Mr_Paul_Richardson_Professional_conduct_panel_outcome.pdf- ./Mr_Paul_Richardson_Professional_conduct_panel_outcome.pdf-This means that Mr Paul Richardson is prohibited from teaching indefinitely and ./Mr_Paul_Richardson_Professional_conduct_panel_outcome.pdf-cannot teach in any school, sixth form college, relevant youth accommodation or ./Mr_Paul_Richardson_Professional_conduct_panel_outcome.pdf-children’s home in England. He may apply for the prohibition order to be set aside, but ./Mr_Paul_Richardson_Professional_conduct_panel_outcome.pdf-not until 7 July 2032, ten years from the date of this order at the earliest. This is not an ./Mr_Paul_Stuart-Turner.pdf-B. Allegations ./Mr_Paul_Stuart-Turner.pdf-The panel considered the allegations set out in the Notice of Proceedings dated 23 April ./Mr_Paul_Stuart-Turner.pdf-2019. ./Mr_Paul_Stuart-Turner.pdf- ./Mr_Paul_Stuart-Turner.pdf-It was alleged that Mr Paul Stuart-Turner was guilty of unacceptable professional conduct ./Mr_Paul_Stuart-Turner.pdf-and/or conduct that may bring the profession into disrepute, in that whilst employed as a ./Mr_Paul_Stuart-Turner.pdf-teacher at Saffron Walden County High School (“the School”), he: ./Mr_Paul_Stuart-Turner.pdf- ./Mr_Paul_Stuart-Turner.pdf- 1. Engaged in an inappropriate relationship with Student A, including that he; ./Mr_Paul_Stuart-Turner.pdf: a. engaged in inappropriate physical and/or sexual contact with Student A ./Mr_Paul_Stuart-Turner.pdf- between February 2004 and July 2005, including by; ./Mr_Paul_Stuart-Turner.pdf- i. kissing her on the lips on more than one occasion; ./Mr_Paul_Stuart-Turner.pdf- ii. rubbing himself against her on more than one occasion; ./Mr_Paul_Stuart-Turner.pdf: b. Engaged in sexual activity and/or had sexual intercourse with her on one or ./Mr_Paul_Stuart-Turner.pdf- more occasions shortly after she had left the school, including on an ./Mr_Paul_Stuart-Turner.pdf- occasion in or around July 2005. ./Mr_Paul_Stuart-Turner.pdf-The teacher admitted the facts of allegation 1(b) and that these facts amount to ./Mr_Paul_Stuart-Turner.pdf-unacceptable professional conduct and conduct that may bring the profession into ./Mr_Paul_Stuart-Turner.pdf-disrepute. The teacher denied allegation 1(a) in its entirety. ./Mr_Paul_Stuart-Turner.pdf- ./Mr_Paul_Stuart-Turner.pdf- ./Mr_Paul_Stuart-Turner.pdf-C. Preliminary applications ./Mr_Paul_Stuart-Turner.pdf-The panel considered whether it required two of the witnesses to read their witness ./Mr_Paul_Stuart-Turner.pdf-statements aloud. The panel took into account that both the presenting officer and -- ./Mr_Paul_Stuart-Turner.pdf-Under paragraph 4.18 of the Procedures, the panel may admit any evidence, where it is ./Mr_Paul_Stuart-Turner.pdf-fair to do so, which may reasonably be considered to be relevant to the case. ./Mr_Paul_Stuart-Turner.pdf- ./Mr_Paul_Stuart-Turner.pdf-The panel was satisfied that the documents were relevant to the case as the photographs ./Mr_Paul_Stuart-Turner.pdf-were of a room which Student A had referred to in evidence, and assisted with the ./Mr_Paul_Stuart-Turner.pdf-description of the room. The panel noted that witnesses could be asked questions about ./Mr_Paul_Stuart-Turner.pdf-the room and its layout in 2004 and 2005. ./Mr_Paul_Stuart-Turner.pdf- ./Mr_Paul_Stuart-Turner.pdf-Amending the allegations ./Mr_Paul_Stuart-Turner.pdf- ./Mr_Paul_Stuart-Turner.pdf:The panel considered whether to amend the allegations to include sexual motivation and ./Mr_Paul_Stuart-Turner.pdf-to change the word “including” to “namely” or “specifically”. The panel had the power, in ./Mr_Paul_Stuart-Turner.pdf-the interests of justice, to amend an allegation or the particulars of an allegation, at any ./Mr_Paul_Stuart-Turner.pdf-stage before making its decision about whether the facts of the case had been proved. ./Mr_Paul_Stuart-Turner.pdf- ./Mr_Paul_Stuart-Turner.pdf-Before making an amendment, the panel was required to consider any representations ./Mr_Paul_Stuart-Turner.pdf-by the presenting officer and by the teacher and the parties were afforded that ./Mr_Paul_Stuart-Turner.pdf-opportunity. The presenting officer opposed the amendments on the ground that the ./Mr_Paul_Stuart-Turner.pdf-allegations as drafted did not pose any difficulties evidentially or procedurally. The ./Mr_Paul_Stuart-Turner.pdf-teacher’s representative opposed the amendments on the basis that it was for the TRA to ./Mr_Paul_Stuart-Turner.pdf-prove its case and it had sufficient time to amend the allegations. This was a case where ./Mr_Paul_Stuart-Turner.pdf:sexual motivation was intrinsic to the matters and it was unnecessary to plead it ./Mr_Paul_Stuart-Turner.pdf-separately. ./Mr_Paul_Stuart-Turner.pdf- ./Mr_Paul_Stuart-Turner.pdf:The panel decided not to amend the allegations to specifically state sexual motivation or ./Mr_Paul_Stuart-Turner.pdf-change “including” to “namely” or “specifically”. The panel did not consider that it would ./Mr_Paul_Stuart-Turner.pdf-be in the interests of justice to amend the allegation. The presenting officer had ample ./Mr_Paul_Stuart-Turner.pdf-opportunity to formulate the allegations in advance of the hearing and to amend the ./Mr_Paul_Stuart-Turner.pdf-allegations at a late stage would cause unfairness to the teacher. The panel noted that ./Mr_Paul_Stuart-Turner.pdf-the teacher had prepared his defence on the basis of the allegations as drafted, and the ./Mr_Paul_Stuart-Turner.pdf-panel would receive legal advice that it must confine its deliberations to the allegations. ./Mr_Paul_Stuart-Turner.pdf- ./Mr_Paul_Stuart-Turner.pdf-During the course of the hearing, the panel also considered whether it was necessary to ./Mr_Paul_Stuart-Turner.pdf-amend allegation 1(b) to remove the wording “shortly after she had left the school”. ./Mr_Paul_Stuart-Turner.pdf-Before considering this, the panel invited the parties to make representations as to -- ./Mr_Paul_Stuart-Turner.pdf-The panel announced its decision and reasons as follows: ./Mr_Paul_Stuart-Turner.pdf- ./Mr_Paul_Stuart-Turner.pdf-The panel carefully considered the case before it and reached a decision. ./Mr_Paul_Stuart-Turner.pdf- ./Mr_Paul_Stuart-Turner.pdf-The panel confirmed it had read all of the documents provided in the bundle in advance ./Mr_Paul_Stuart-Turner.pdf-of the hearing. ./Mr_Paul_Stuart-Turner.pdf- ./Mr_Paul_Stuart-Turner.pdf-Mr Stuart-Turner was employed as a teacher at the School from 1996 until 30 March ./Mr_Paul_Stuart-Turner.pdf-2018. In the academic years from 2003 to 2005, Mr Stuart-Turner taught Student A. In ./Mr_Paul_Stuart-Turner.pdf-July 2005, Student A and Mr Stuart-Turner attended a [REDACTED] trip, during which it ./Mr_Paul_Stuart-Turner.pdf:is alleged they engaged in sexual activity. After Student A had left [REDACTED] the ./Mr_Paul_Stuart-Turner.pdf-School in 2005, Student A and Mr Stuart-Turner entered a relationship which lasted until ./Mr_Paul_Stuart-Turner.pdf-approximately October 2008. In December 2016, Student A [REDACTED] disclosed that ./Mr_Paul_Stuart-Turner.pdf-she had been abused by Mr Stuart-Turner. This triggered a police investigation, following ./Mr_Paul_Stuart-Turner.pdf-which the police took no further action. The School subsequently held a disciplinary ./Mr_Paul_Stuart-Turner.pdf-hearing at which Mr Stuart-Turner was dismissed. ./Mr_Paul_Stuart-Turner.pdf- ./Mr_Paul_Stuart-Turner.pdf-Findings of fact ./Mr_Paul_Stuart-Turner.pdf-The findings of fact are as follows: ./Mr_Paul_Stuart-Turner.pdf- ./Mr_Paul_Stuart-Turner.pdf-The panel found the following particulars of the allegations against you proven, for these ./Mr_Paul_Stuart-Turner.pdf-reasons: ./Mr_Paul_Stuart-Turner.pdf- ./Mr_Paul_Stuart-Turner.pdf-Whilst employed as a Teacher at Saffron Walden County High School (‘the ./Mr_Paul_Stuart-Turner.pdf-School’), you: ./Mr_Paul_Stuart-Turner.pdf- ./Mr_Paul_Stuart-Turner.pdf- 1. Engaged in an inappropriate relationship with Student A, including that you; ./Mr_Paul_Stuart-Turner.pdf- ./Mr_Paul_Stuart-Turner.pdf-The stem of allegation 1 was admitted. The panel found the stem of allegation 1 proven ./Mr_Paul_Stuart-Turner.pdf-for the reasons outlined below. ./Mr_Paul_Stuart-Turner.pdf- ./Mr_Paul_Stuart-Turner.pdf: b. Engaged in sexual activity and/or had sexual intercourse with her on ./Mr_Paul_Stuart-Turner.pdf- one or more occasions shortly after she had left the school, including ./Mr_Paul_Stuart-Turner.pdf- on an occasion in or around July 2005. ./Mr_Paul_Stuart-Turner.pdf- ./Mr_Paul_Stuart-Turner.pdf-At the outset of the hearing, the presenting officer set out the TRA’s case in respect of ./Mr_Paul_Stuart-Turner.pdf:allegation 1(b), and asked the panel to consider the alleged sexual intercourse on 27 July ./Mr_Paul_Stuart-Turner.pdf:2005 to be the sole instance of sexual activity which has been said to occur shortly after ./Mr_Paul_Stuart-Turner.pdf-Student A left the roll. ./Mr_Paul_Stuart-Turner.pdf- ./Mr_Paul_Stuart-Turner.pdf- ./Mr_Paul_Stuart-Turner.pdf- 8 ./Mr_Paul_Stuart-Turner.pdf- -- ./Mr_Paul_Stuart-Turner.pdf-The panel had sight of the statement of agreed and disputed facts. At paragraph 7 of the ./Mr_Paul_Stuart-Turner.pdf:statement, Mr Stuart-Turner admits that he “engaged in physical and sexual contact with ./Mr_Paul_Stuart-Turner.pdf-Student A on 27 July 2005”. In his oral evidence, Mr Stuart-Turner admitted to engaging ./Mr_Paul_Stuart-Turner.pdf:in sexual intercourse with Student A [REDACTED] on 27 July 2005. Throughout her ./Mr_Paul_Stuart-Turner.pdf:written evidence and oral evidence Student A states that sexual intercourse occurred on ./Mr_Paul_Stuart-Turner.pdf-the [REDACTED] expedition. ./Mr_Paul_Stuart-Turner.pdf- ./Mr_Paul_Stuart-Turner.pdf-The panel acknowledge that there are inconsistencies in the accounts of 27 July 2005 ./Mr_Paul_Stuart-Turner.pdf-between Student A and Mr Stuart-Turner. Nevertheless, the panel found that Mr Stuart- ./Mr_Paul_Stuart-Turner.pdf:Turner did engage in sexual intercourse with Student A after she had left the school, ./Mr_Paul_Stuart-Turner.pdf-including on an occasion in or around July 2005. ./Mr_Paul_Stuart-Turner.pdf- ./Mr_Paul_Stuart-Turner.pdf-Therefore, the panel found allegation 1(b) proven. ./Mr_Paul_Stuart-Turner.pdf- ./Mr_Paul_Stuart-Turner.pdf-The panel found the following particulars of the allegations against you not proven, for ./Mr_Paul_Stuart-Turner.pdf-these reasons: ./Mr_Paul_Stuart-Turner.pdf- ./Mr_Paul_Stuart-Turner.pdf: a. Engaged in an inappropriate physical and/or sexual contact with ./Mr_Paul_Stuart-Turner.pdf- Student A between February 2004 and July 2005, including by; ./Mr_Paul_Stuart-Turner.pdf- ./Mr_Paul_Stuart-Turner.pdf- i. kissing her on the lips on more than one occasion; ./Mr_Paul_Stuart-Turner.pdf- ./Mr_Paul_Stuart-Turner.pdf-In her written witness statement, Student A stated that on one occasion, she stayed ./Mr_Paul_Stuart-Turner.pdf-behind after school to update the display board in the classroom when Mr Stuart-Turner ./Mr_Paul_Stuart-Turner.pdf-came into the classroom and pushed against her “with a small amount of pressure” and ./Mr_Paul_Stuart-Turner.pdf-kissed her on the lips for about 10 seconds. However, the panel noted in an interview ./Mr_Paul_Stuart-Turner.pdf-with the police, Student A stated that when putting up a display board in his classroom, ./Mr_Paul_Stuart-Turner.pdf-he came into the room and walked towards her before a cleaner walked into the room. In -- ./Mr_Paul_Stuart-Turner.pdf-The panel found both Student A and Mr Stuart-Turner to be credible witnesses when ./Mr_Paul_Stuart-Turner.pdf-giving live evidence. However, the panel noted the numerous inconsistencies in Student ./Mr_Paul_Stuart-Turner.pdf-A’s evidence and did not consider there to be any corroborative evidence of Student A’s ./Mr_Paul_Stuart-Turner.pdf-account. ./Mr_Paul_Stuart-Turner.pdf- ./Mr_Paul_Stuart-Turner.pdf:In relation to the occasion of sexual intercourse on 27 July 2005, it is admitted and found ./Mr_Paul_Stuart-Turner.pdf-proven that Mr Stuart-Turner kissed Student A. However, the panel did not find kissing ./Mr_Paul_Stuart-Turner.pdf-occurred on more than this one occasion. ./Mr_Paul_Stuart-Turner.pdf- ./Mr_Paul_Stuart-Turner.pdf-Therefore, the panel did not find allegation 1(a)(i) proven. ./Mr_Paul_Stuart-Turner.pdf- ./Mr_Paul_Stuart-Turner.pdf- ii. rubbing yourself against her on more than one occasion; ./Mr_Paul_Stuart-Turner.pdf- ./Mr_Paul_Stuart-Turner.pdf-Mr Stuart-Turner’s representative invited the panel to consider a narrow interpretation of ./Mr_Paul_Stuart-Turner.pdf-the allegation and consider “rubbing yourself” to only include the physical contact stated ./Mr_Paul_Stuart-Turner.pdf-by Student A during her police interview. The presenting officer stated that the TRA’s ./Mr_Paul_Stuart-Turner.pdf-case at the outset had been that rubbing included the alleged masturbation activities. The ./Mr_Paul_Stuart-Turner.pdf-panel considered the ordinary, natural meaning of the wording of the allegation and ./Mr_Paul_Stuart-Turner.pdf-considered that the allegation of “rubbing yourself” included the alleged “rubbing ./Mr_Paul_Stuart-Turner.pdf-masturbation-type activity”. It was acknowledged that Mr Stuart-Turner had understood ./Mr_Paul_Stuart-Turner.pdf-this to be the basis on which the TRA’s case was presented at the outset of the hearing ./Mr_Paul_Stuart-Turner.pdf-and as such the panel considered that no unfairness was caused to Mr Stuart-Turner. ./Mr_Paul_Stuart-Turner.pdf- ./Mr_Paul_Stuart-Turner.pdf-Mr Stuart-Turner was clear and unequivocal, particularly in his live evidence, that no ./Mr_Paul_Stuart-Turner.pdf-physical contact occurred prior to 27 July 2005. This denial encompassed all occurrences ./Mr_Paul_Stuart-Turner.pdf:of physical and sexual contact, including rubbing himself against Student A. ./Mr_Paul_Stuart-Turner.pdf- ./Mr_Paul_Stuart-Turner.pdf-The panel considered the evidence of Student A as to the rubbing activities. In live ./Mr_Paul_Stuart-Turner.pdf-evidence, Student A stated that the rubbing activities did not occur when the doors were ./Mr_Paul_Stuart-Turner.pdf-open. She also stated that when holding a tutorial in the resources room, where she ./Mr_Paul_Stuart-Turner.pdf-accepted the majority of her tutorials occurred, “he would prop the door open in there”. ./Mr_Paul_Stuart-Turner.pdf-She further added that the door was open “sometimes but not all”. The panel heard ./Mr_Paul_Stuart-Turner.pdf-evidence from Witness F that more often than not, Mr Stuart-Turner would wedge his ./Mr_Paul_Stuart-Turner.pdf-door open, and from Mr Stuart-Turner that he wedged doors open during tutorials and ./Mr_Paul_Stuart-Turner.pdf-when a pupil was working in his room. ./Mr_Paul_Stuart-Turner.pdf- -- ./Mr_Paul_Stuart-Turner.pdf- ./Mr_Paul_Stuart-Turner.pdf-The panel noted that the Code of Conduct did not specifically refer to relationships with ./Mr_Paul_Stuart-Turner.pdf-former pupils and that the further information and examples provided in the Code of ./Mr_Paul_Stuart-Turner.pdf-Conduct did not provide clarity. ./Mr_Paul_Stuart-Turner.pdf- ./Mr_Paul_Stuart-Turner.pdf-The panel took account of its own understanding and experience of the teaching ./Mr_Paul_Stuart-Turner.pdf-standards in and around July 2005, as well as the prevailing culture of that era. The ./Mr_Paul_Stuart-Turner.pdf-panel considered the situation where a pupil was officially recorded as having left ./Mr_Paul_Stuart-Turner.pdf-[REDACTED] in June 2005, but returned [REDACTED] during the summer holidays to ./Mr_Paul_Stuart-Turner.pdf-receive their [REDACTED] results. If, in July 2005, during the summer in which the pupil ./Mr_Paul_Stuart-Turner.pdf:received their [REDACTED] results, a teacher engaged in sexual intercourse with an ./Mr_Paul_Stuart-Turner.pdf:[REDACTED] former pupil, then, that sexual intercourse would have amounted to a ./Mr_Paul_Stuart-Turner.pdf-breach of the teaching standards at the time. In the panel’s experience of that era, it ./Mr_Paul_Stuart-Turner.pdf:considers that it was not appropriate for a teacher to engage in sexual intercourse with a ./Mr_Paul_Stuart-Turner.pdf-former pupil so soon after that pupil had left [REDACTED]. ./Mr_Paul_Stuart-Turner.pdf- ./Mr_Paul_Stuart-Turner.pdf-The panel therefore considered that Mr Stuart-Turner’s actions fell short of the standards ./Mr_Paul_Stuart-Turner.pdf-expected of the profession at the time, particularly that he brought the reputation and ./Mr_Paul_Stuart-Turner.pdf-standing of the profession into disrepute, through his failure to maintain appropriate ./Mr_Paul_Stuart-Turner.pdf-professional boundaries with Student A on the 27 July 2005. ./Mr_Paul_Stuart-Turner.pdf- ./Mr_Paul_Stuart-Turner.pdf-Today, the standards are more clearly codified in the document Teacher Misconduct: The ./Mr_Paul_Stuart-Turner.pdf-Prohibition of Teachers, which is referred to as “the Advice”. This current codified ./Mr_Paul_Stuart-Turner.pdf-standard is only relevant to the extent that it describes how a person should fulfil their -- ./Mr_Paul_Stuart-Turner.pdf-whether Mr Stuart-Turner’s actions as found proven breached current teaching ./Mr_Paul_Stuart-Turner.pdf-standards. ./Mr_Paul_Stuart-Turner.pdf- ./Mr_Paul_Stuart-Turner.pdf-The panel was satisfied that the conduct of Mr Stuart-Turner amounted to conduct which ./Mr_Paul_Stuart-Turner.pdf-falls short of the standard expected of a registered teacher, and is behaviour which ./Mr_Paul_Stuart-Turner.pdf-involves a breach of the standards of propriety expected of the profession. ./Mr_Paul_Stuart-Turner.pdf- ./Mr_Paul_Stuart-Turner.pdf-The panel also considered whether Mr Stuart-Turner’s conduct displayed behaviours ./Mr_Paul_Stuart-Turner.pdf-associated with any of the offences listed on pages 10 and 11 of the Advice. ./Mr_Paul_Stuart-Turner.pdf- ./Mr_Paul_Stuart-Turner.pdf:The panel found that the offence of sexual activity was relevant. Mr Stuart-Turner ./Mr_Paul_Stuart-Turner.pdf:engaged in sexual intercourse with Student A shortly after she had left the School. ./Mr_Paul_Stuart-Turner.pdf- ./Mr_Paul_Stuart-Turner.pdf-The Advice indicates that where behaviours associated with such an offence exist, a ./Mr_Paul_Stuart-Turner.pdf-panel is likely to conclude that an individual’s conduct would amount to unacceptable ./Mr_Paul_Stuart-Turner.pdf-professional conduct. ./Mr_Paul_Stuart-Turner.pdf- ./Mr_Paul_Stuart-Turner.pdf-Accordingly, the panel was satisfied that Mr Stuart-Turner was guilty of unacceptable ./Mr_Paul_Stuart-Turner.pdf-professional conduct, according to the standards at the time (in 2005). ./Mr_Paul_Stuart-Turner.pdf- ./Mr_Paul_Stuart-Turner.pdf-The panel took into account the way the teaching profession is viewed by others and ./Mr_Paul_Stuart-Turner.pdf-considered the influence that teachers may have on pupils, parents and others in the -- ./Mr_Paul_Stuart-Turner.pdf:In the light of the panel’s findings against Mr Stuart-Turner, which involved sexual ./Mr_Paul_Stuart-Turner.pdf-intercourse on one occasion with a recent former pupil of the School in July 2005, there ./Mr_Paul_Stuart-Turner.pdf-was a strong public interest consideration in maintaining public confidence in the ./Mr_Paul_Stuart-Turner.pdf-profession given that the public would not expect a teacher to engage in such conduct so ./Mr_Paul_Stuart-Turner.pdf-soon after the pupil had left the School and at an activity organised by the School. Public ./Mr_Paul_Stuart-Turner.pdf-confidence in the profession could be seriously weakened if conduct such as that found ./Mr_Paul_Stuart-Turner.pdf-against Mr Stuart-Turner were not treated with the utmost seriousness when regulating ./Mr_Paul_Stuart-Turner.pdf-the conduct of the profession. ./Mr_Paul_Stuart-Turner.pdf- ./Mr_Paul_Stuart-Turner.pdf-The panel did not consider that there was a strong public interest consideration in respect ./Mr_Paul_Stuart-Turner.pdf-of the protection of pupils, despite the serious findings of an inappropriate relationship ./Mr_Paul_Stuart-Turner.pdf-with Student A, given that almost 15 years have passed since the event and the fact that ./Mr_Paul_Stuart-Turner.pdf:Student A had left the School when the sexual intercourse occurred. The panel did not ./Mr_Paul_Stuart-Turner.pdf-consider that current pupils are likely to be exposed to or influenced by this behaviour in ./Mr_Paul_Stuart-Turner.pdf-a harmful way. To corroborate this, the panel had sight of a risk assessment undertaken ./Mr_Paul_Stuart-Turner.pdf-by the School in April 2017 which states that there is “no clear risk of re-occurrence of the ./Mr_Paul_Stuart-Turner.pdf-misconduct”. Nor does the panel consider that it would affect the way in which Mr Stuart- ./Mr_Paul_Stuart-Turner.pdf-Turner now fulfils his teaching role or his ability to meet today’s Teachers’ Standards. The ./Mr_Paul_Stuart-Turner.pdf-panel felt that Mr Stuart-Turner acknowledged that his actions as found proven had been ./Mr_Paul_Stuart-Turner.pdf-inappropriate and was able to explain how his behaviour would change should he be ./Mr_Paul_Stuart-Turner.pdf-permitted to return to the teaching profession. ./Mr_Paul_Stuart-Turner.pdf- ./Mr_Paul_Stuart-Turner.pdf-The panel was of the view that a strong public interest consideration in declaring proper -- ./Mr_Paul_Stuart-Turner.pdf-time, albeit as referred to above the panel was not concerned as to his ability to meet ./Mr_Paul_Stuart-Turner.pdf-today’s Teaching Standards. ./Mr_Paul_Stuart-Turner.pdf-  abuse of position or trust (particularly involving vulnerable pupils) or violation of the ./Mr_Paul_Stuart-Turner.pdf- rights of pupils; ./Mr_Paul_Stuart-Turner.pdf-Even though Student A was off the roll, the panel felt that due to the previous teacher ./Mr_Paul_Stuart-Turner.pdf-and pupil relationship and that the event occurred shortly after she had left the School’s ./Mr_Paul_Stuart-Turner.pdf-roll, Mr Stuart-Turner was still in a position of trust. ./Mr_Paul_Stuart-Turner.pdf:  sexual misconduct, eg involving actions that were sexually motivated or of a ./Mr_Paul_Stuart-Turner.pdf: sexual nature and/or that use or exploit the trust, knowledge or influence derived ./Mr_Paul_Stuart-Turner.pdf- from the individual’s professional position. ./Mr_Paul_Stuart-Turner.pdf:The action as found proven was inherently an act of a sexual nature. The panel ./Mr_Paul_Stuart-Turner.pdf:recognise that no sexual offence has been committed. However, the panel felt that Mr ./Mr_Paul_Stuart-Turner.pdf-Stuart-Turner had met Student A through his professional position as a teacher and, ./Mr_Paul_Stuart-Turner.pdf-particularly due to the short timescale involved following Student A being removed from ./Mr_Paul_Stuart-Turner.pdf-the School’s roll, his action displayed behaviours associated with using the trust derived ./Mr_Paul_Stuart-Turner.pdf-from his professional position. ./Mr_Paul_Stuart-Turner.pdf-Even though some of the behaviour found proven in this case indicated that a prohibition ./Mr_Paul_Stuart-Turner.pdf-order would be appropriate, the panel went on to consider the mitigating factors. ./Mr_Paul_Stuart-Turner.pdf-Mitigating factors may indicate that a prohibition order would not be not appropriate or ./Mr_Paul_Stuart-Turner.pdf-proportionate. ./Mr_Paul_Stuart-Turner.pdf- ./Mr_Paul_Stuart-Turner.pdf-There was no evidence that the teacher’s actions were not deliberate and there was no -- ./Mr_Paul_Stuart-Turner.pdf-made by the panel would be sufficient. ./Mr_Paul_Stuart-Turner.pdf- ./Mr_Paul_Stuart-Turner.pdf-The panel was of the view that, applying the standard of the ordinary intelligent citizen, ./Mr_Paul_Stuart-Turner.pdf-the recommendation of no prohibition order would not be a proportionate and appropriate ./Mr_Paul_Stuart-Turner.pdf-response. Recommending that the publication of adverse findings would be sufficient in ./Mr_Paul_Stuart-Turner.pdf-the case would unacceptably compromise the public interest considerations present in ./Mr_Paul_Stuart-Turner.pdf-this case, despite the severity of the consequences for the teacher of prohibition. ./Mr_Paul_Stuart-Turner.pdf- ./Mr_Paul_Stuart-Turner.pdf-The panel was of the view that prohibition was both proportionate and appropriate. The ./Mr_Paul_Stuart-Turner.pdf-panel decided that the public interest considerations outweighed the interests of Mr ./Mr_Paul_Stuart-Turner.pdf:Stuart-Turner. The finding of sexual misconduct was a significant factor in forming that ./Mr_Paul_Stuart-Turner.pdf-opinion. Accordingly, the panel made a recommendation to the Secretary of State that a ./Mr_Paul_Stuart-Turner.pdf-prohibition order should be imposed with immediate effect. ./Mr_Paul_Stuart-Turner.pdf- ./Mr_Paul_Stuart-Turner.pdf-The panel went on to consider whether or not it would be appropriate for it to decide to ./Mr_Paul_Stuart-Turner.pdf-recommend a review period of the order. The panel was mindful that the Advice states ./Mr_Paul_Stuart-Turner.pdf-that a prohibition order applies for life, but there may be circumstances in any given case ./Mr_Paul_Stuart-Turner.pdf-that may make it appropriate to allow a teacher to apply to have the prohibition order ./Mr_Paul_Stuart-Turner.pdf-reviewed after a specified period of time that may not be less than 2 years. ./Mr_Paul_Stuart-Turner.pdf- ./Mr_Paul_Stuart-Turner.pdf-The Advice indicates that there are behaviours that, if proven, would militate against the ./Mr_Paul_Stuart-Turner.pdf:recommendation of a review period. One of these behaviours includes serious sexual ./Mr_Paul_Stuart-Turner.pdf:misconduct, e.g. where the act was sexually motivated and resulted in or had the ./Mr_Paul_Stuart-Turner.pdf-potential to result in, harm to a person or persons, particularly where the individual has ./Mr_Paul_Stuart-Turner.pdf-used their professional position to influence or exploit a person or persons. The panel ./Mr_Paul_Stuart-Turner.pdf:found that Mr Stuart-Turner was responsible for engaging in sexual intercourse with ./Mr_Paul_Stuart-Turner.pdf-Student A shortly after she had left the School’s roll, which it found to be a behaviour ./Mr_Paul_Stuart-Turner.pdf:linked to serious sexual misconduct. It did not find that Mr Stuart-Turner had influenced ./Mr_Paul_Stuart-Turner.pdf-or exploited Student A. ./Mr_Paul_Stuart-Turner.pdf- ./Mr_Paul_Stuart-Turner.pdf-The panel considered that Mr Stuart-Turner had both shown remorse into his actions and ./Mr_Paul_Stuart-Turner.pdf-accepted that he had acted inappropriately. It was clear that he regretted his actions on ./Mr_Paul_Stuart-Turner.pdf-27 July 2005 and any impact this may have had in causing harm to Student A. However, ./Mr_Paul_Stuart-Turner.pdf-the panel felt that Mr Stuart-Turner’s insight into his actions had developed relatively ./Mr_Paul_Stuart-Turner.pdf-recently, and considered that a review period would be appropriate to provide Mr Stuart- ./Mr_Paul_Stuart-Turner.pdf-Turner with a further period of time to develop reflection and further insight. The panel felt ./Mr_Paul_Stuart-Turner.pdf-Mr Stuart-Turner’s insight was of such a degree that it did not consider that Mr Stuart- ./Mr_Paul_Stuart-Turner.pdf-Turner would repeat his actions in the future. -- ./Mr_Paul_Stuart-Turner.pdf-finding of unacceptable professional conduct and conduct that may bring the profession ./Mr_Paul_Stuart-Turner.pdf-into disrepute, would itself be sufficient to achieve the overall aim. I have to consider ./Mr_Paul_Stuart-Turner.pdf-whether the consequences of such a publication are themselves sufficient. I have ./Mr_Paul_Stuart-Turner.pdf-considered therefore whether or not prohibiting Mr Stuart-Turner, and the impact that will ./Mr_Paul_Stuart-Turner.pdf-have on him, is proportionate and in the public interest. ./Mr_Paul_Stuart-Turner.pdf- ./Mr_Paul_Stuart-Turner.pdf-In this case, I have considered the extent to which a prohibition order would protect ./Mr_Paul_Stuart-Turner.pdf-children. The panel has observed, “The panel did not consider that there was a strong ./Mr_Paul_Stuart-Turner.pdf-public interest consideration in respect of the protection of pupils, despite the serious ./Mr_Paul_Stuart-Turner.pdf-findings of an inappropriate relationship with Student A, given that almost 15 years have ./Mr_Paul_Stuart-Turner.pdf:passed since the event and the fact that Student A had left the School when the sexual ./Mr_Paul_Stuart-Turner.pdf-intercourse occurred. The panel did not consider that current pupils are likely to be ./Mr_Paul_Stuart-Turner.pdf-exposed to or influenced by this behaviour in a harmful way. To corroborate this, the ./Mr_Paul_Stuart-Turner.pdf-panel had sight of a risk assessment undertaken by the School in April 2017 which states ./Mr_Paul_Stuart-Turner.pdf-that there is “no clear risk of re-occurrence of the misconduct”. Nor does the panel ./Mr_Paul_Stuart-Turner.pdf-consider that it would affect the way in which Mr Stuart-Turner now fulfils his teaching ./Mr_Paul_Stuart-Turner.pdf-role or his ability to meet today’s Teachers’ Standards.” ./Mr_Paul_Stuart-Turner.pdf- ./Mr_Paul_Stuart-Turner.pdf- ./Mr_Paul_Stuart-Turner.pdf- 16 ./Mr_Paul_Stuart-Turner.pdf- -- ./Mr_Paul_Stuart-Turner.pdf-did not consider that Mr Stuart-Turner would repeat his actions in the future.” ./Mr_Paul_Stuart-Turner.pdf- ./Mr_Paul_Stuart-Turner.pdf-I have therefore given this element considerable weight in reaching my decision. In ./Mr_Paul_Stuart-Turner.pdf-particular I have given weight to the fact that the panel felt that “Mr Stuart-Turner’s insight ./Mr_Paul_Stuart-Turner.pdf-into his actions had developed relatively recently.” This is not a case where the panel felt ./Mr_Paul_Stuart-Turner.pdf-Mr Stuart-Turner has been showing insight for the full 15 years since the incident took ./Mr_Paul_Stuart-Turner.pdf-place. ./Mr_Paul_Stuart-Turner.pdf- ./Mr_Paul_Stuart-Turner.pdf-I have gone on to consider the extent to which a prohibition order would maintain public ./Mr_Paul_Stuart-Turner.pdf-confidence in the profession. The panel observe, “…..the panel’s findings against Mr ./Mr_Paul_Stuart-Turner.pdf:Stuart-Turner, which involved sexual intercourse on one occasion with a recent former ./Mr_Paul_Stuart-Turner.pdf-pupil of the School in July 2005, there was a strong public interest consideration in ./Mr_Paul_Stuart-Turner.pdf-maintaining public confidence in the profession given that the public would not expect a ./Mr_Paul_Stuart-Turner.pdf-teacher to engage in such conduct so soon after the pupil had left the School and at an ./Mr_Paul_Stuart-Turner.pdf-activity organised by the School. Public confidence in the profession could be seriously ./Mr_Paul_Stuart-Turner.pdf-weakened if conduct such as that found against Mr Stuart-Turner were not treated with ./Mr_Paul_Stuart-Turner.pdf-the utmost seriousness when regulating the conduct of the profession.” ./Mr_Paul_Stuart-Turner.pdf- ./Mr_Paul_Stuart-Turner.pdf-I have had to consider that the public has a high expectation of professional standards of ./Mr_Paul_Stuart-Turner.pdf-all teachers and that the public might regard a failure to impose a prohibition order as a ./Mr_Paul_Stuart-Turner.pdf-failure to uphold those high standards. In weighing these considerations, I have had to -- ./Mr_Paul_Stuart-Turner.pdf-exemplary professional”. Another former colleague also stated, “his ability to get the best ./Mr_Paul_Stuart-Turner.pdf-from his students through encouragement and taking the time to listen to them led to ./Mr_Paul_Stuart-Turner.pdf-trusting, professional student-teacher relationships”.” ./Mr_Paul_Stuart-Turner.pdf- ./Mr_Paul_Stuart-Turner.pdf-A prohibition order would prevent Mr Stuart-Turner from teaching and would also clearly ./Mr_Paul_Stuart-Turner.pdf-deprive the public of his contribution to the profession for the period that it is in force. ./Mr_Paul_Stuart-Turner.pdf- ./Mr_Paul_Stuart-Turner.pdf-In this case, I have placed considerable weight on the panel’s comments concerning ./Mr_Paul_Stuart-Turner.pdf-insight and remorse as set out above. I have also noted the panel’s comment, “The ./Mr_Paul_Stuart-Turner.pdf:action as found proven was inherently an act of a sexual nature. The panel recognise ./Mr_Paul_Stuart-Turner.pdf:that no sexual offence has been committed. However, the panel felt that Mr Stuart-Turner ./Mr_Paul_Stuart-Turner.pdf-had met Student A through his professional position as a teacher and, particularly due to ./Mr_Paul_Stuart-Turner.pdf-the short timescale involved following Student A being removed from the School’s roll, his ./Mr_Paul_Stuart-Turner.pdf-action displayed behaviours associated with using the trust derived from his professional ./Mr_Paul_Stuart-Turner.pdf-position.” ./Mr_Paul_Stuart-Turner.pdf-I have given less weight in my consideration of sanction therefore, to the contribution that ./Mr_Paul_Stuart-Turner.pdf-Mr Stuart –Turner has made to the profession. In my view, it is necessary to impose a ./Mr_Paul_Stuart-Turner.pdf-prohibition order in order to maintain public confidence in the profession. As the panel ./Mr_Paul_Stuart-Turner.pdf:say, “Mr Stuart-Turner was responsible for engaging in sexual intercourse with Student A ./Mr_Paul_Stuart-Turner.pdf-shortly after she had left the School’s roll, which it found to be a behaviour linked to ./Mr_Paul_Stuart-Turner.pdf:serious sexual misconduct. It did not find that Mr Stuart-Turner had influenced or ./Mr_Paul_Stuart-Turner.pdf-exploited Student A.” Nonetheless Mr Stuart-Turner says ”It was clear that he regretted ./Mr_Paul_Stuart-Turner.pdf-his actions on 27 July 2005 and any impact this may have had in causing harm to ./Mr_Paul_Stuart-Turner.pdf-Student A.” ./Mr_Paul_Stuart-Turner.pdf- ./Mr_Paul_Stuart-Turner.pdf-For these reasons, I have concluded that a prohibition order is proportionate and in the ./Mr_Paul_Stuart-Turner.pdf-public interest in order to achieve the intended aims of a prohibition order. ./Mr_Paul_Stuart-Turner.pdf- ./Mr_Paul_Stuart-Turner.pdf-I have gone on to consider the matter of a review period. In this case, the panel has ./Mr_Paul_Stuart-Turner.pdf-recommended a 2 year review period. ./Mr_Paul_Stuart-Turner.pdf- -- ./Mr_Paul_Stuart-Turner.pdf-I have considered whether a 2 year review period reflects the seriousness of the findings ./Mr_Paul_Stuart-Turner.pdf-and is a proportionate period to achieve the aim of maintaining public confidence in the ./Mr_Paul_Stuart-Turner.pdf-profession. In this case, there has been a fifteen year period since the misconduct. The ./Mr_Paul_Stuart-Turner.pdf-law is very clear that prohibition orders should not be punitive although they may have a ./Mr_Paul_Stuart-Turner.pdf-punitive effect. In this case a prohibition order is necessary as set out above. Mr Stuart- ./Mr_Paul_Stuart-Turner.pdf-Turner will be prohibited from teaching for life. ./Mr_Paul_Stuart-Turner.pdf- ./Mr_Paul_Stuart-Turner.pdf-I consider however that a five year review period is required to satisfy the maintenance of ./Mr_Paul_Stuart-Turner.pdf-public confidence in the profession. This behaviour happened on an educational trip ./Mr_Paul_Stuart-Turner.pdf-shortly after the pupil had left school. The reasons for a longer review period are because ./Mr_Paul_Stuart-Turner.pdf:of the educational setting, the proximity to the pupil leaving school, the sexual ./Mr_Paul_Stuart-Turner.pdf-misconduct found, the panel’s view that the insight was relatively recent and the clear ./Mr_Paul_Stuart-Turner.pdf-acknowledgement by Mr Stuart-Turner of the harm caused. ./Mr_Paul_Stuart-Turner.pdf- ./Mr_Paul_Stuart-Turner.pdf-This means that Mr Paul Stuart-Turner is prohibited from teaching indefinitely and ./Mr_Paul_Stuart-Turner.pdf-cannot teach in any school, sixth form college, relevant youth accommodation or ./Mr_Paul_Stuart-Turner.pdf-children’s home in England. He may apply for the prohibition order to be set aside, but ./Mr_Paul_Stuart-Turner.pdf-not until 17 January 2025, 5 years from the date of this order at the earliest. This is not ./Mr_Paul_Stuart-Turner.pdf-an automatic right to have the prohibition order removed. If he does apply, a panel will ./Mr_Paul_Stuart-Turner.pdf-meet to consider whether the prohibition order should be set aside. Without a successful ./Mr_Paul_Stuart-Turner.pdf-application, Mr Paul Stuart-Turner remains prohibited from teaching indefinitely. ./Mr_Peter_Gittins_Professional_conduct_panel_outcome.pdf- 1. Between 2004 and 2010 failed to maintain professional boundaries and/or engaged ./Mr_Peter_Gittins_Professional_conduct_panel_outcome.pdf- in an inappropriate relationship with Pupil A in that he on one or more occasions: ./Mr_Peter_Gittins_Professional_conduct_panel_outcome.pdf- a. Text and/or called Pupil A; ./Mr_Peter_Gittins_Professional_conduct_panel_outcome.pdf- b. Hugged Pupil A; ./Mr_Peter_Gittins_Professional_conduct_panel_outcome.pdf- c. Met Pupil A after school; ./Mr_Peter_Gittins_Professional_conduct_panel_outcome.pdf- d. Drove Pupil A in his car; ./Mr_Peter_Gittins_Professional_conduct_panel_outcome.pdf- e. Went to Pupil A’s home and/or invited Pupil A to his home; ./Mr_Peter_Gittins_Professional_conduct_panel_outcome.pdf- f. kissed Pupil A on the head and/or lips and/or body; ./Mr_Peter_Gittins_Professional_conduct_panel_outcome.pdf- g. touched Pupil A on the bottom and/or under her top and/or between her legs; ./Mr_Peter_Gittins_Professional_conduct_panel_outcome.pdf- h. Masturbated Pupil A and/or allowed Pupil A to masturbate him; ./Mr_Peter_Gittins_Professional_conduct_panel_outcome.pdf: i. engaged in oral sex and/or received oral sex from Pupil A; ./Mr_Peter_Gittins_Professional_conduct_panel_outcome.pdf: j. had sexual intercourse with Pupil A; ./Mr_Peter_Gittins_Professional_conduct_panel_outcome.pdf: k. bought and/or sent Pupil A a sex toy namely a ‘midnight massager’. ./Mr_Peter_Gittins_Professional_conduct_panel_outcome.pdf- 2. Between 2004 and 2010 failed to maintain professional boundaries and/or engaged ./Mr_Peter_Gittins_Professional_conduct_panel_outcome.pdf- in an inappropriate relationship with Pupil B in that he on one or more occasions: ./Mr_Peter_Gittins_Professional_conduct_panel_outcome.pdf- a. Text and/or called Pupil B; ./Mr_Peter_Gittins_Professional_conduct_panel_outcome.pdf- b. Hugged Pupil B; ./Mr_Peter_Gittins_Professional_conduct_panel_outcome.pdf: 3. His behaviour as may be found proven at 1 above was conduct of a sexual nature ./Mr_Peter_Gittins_Professional_conduct_panel_outcome.pdf: and/or was sexually motivated. ./Mr_Peter_Gittins_Professional_conduct_panel_outcome.pdf-Mr Gittins has admitted allegations 1.a – 1.k, and has accepted that between 2004 and ./Mr_Peter_Gittins_Professional_conduct_panel_outcome.pdf-2010 he failed to maintain boundaries with Pupil A and engaged in an inappropriate ./Mr_Peter_Gittins_Professional_conduct_panel_outcome.pdf-relationship. Mr Gittins has admitted allegations 2.a and 2.b and has accepted that he ./Mr_Peter_Gittins_Professional_conduct_panel_outcome.pdf-failed to maintain appropriate boundaries with Pupil B and engaged in an inappropriate ./Mr_Peter_Gittins_Professional_conduct_panel_outcome.pdf-relationship. Mr Gittins has admitted allegation 3 and admits that his conduct was in ./Mr_Peter_Gittins_Professional_conduct_panel_outcome.pdf:pursuit of sexual gratification and a sexual relationship with Pupil A. ./Mr_Peter_Gittins_Professional_conduct_panel_outcome.pdf- ./Mr_Peter_Gittins_Professional_conduct_panel_outcome.pdf-Mr Gittins has admitted that the facts of allegations 1, 2 and 3, which he has admitted, ./Mr_Peter_Gittins_Professional_conduct_panel_outcome.pdf-amount to unacceptable professional conduct and conduct that may bring the profession ./Mr_Peter_Gittins_Professional_conduct_panel_outcome.pdf-into disrepute. ./Mr_Peter_Gittins_Professional_conduct_panel_outcome.pdf- ./Mr_Peter_Gittins_Professional_conduct_panel_outcome.pdf- ./Mr_Peter_Gittins_Professional_conduct_panel_outcome.pdf- ./Mr_Peter_Gittins_Professional_conduct_panel_outcome.pdf- ./Mr_Peter_Gittins_Professional_conduct_panel_outcome.pdf- 4 ./Mr_Peter_Gittins_Professional_conduct_panel_outcome.pdf- -- ./Mr_Peter_Gittins_Professional_conduct_panel_outcome.pdf- g. Touched Pupil A on the bottom and/or under her top and/or between her legs; ./Mr_Peter_Gittins_Professional_conduct_panel_outcome.pdf- ./Mr_Peter_Gittins_Professional_conduct_panel_outcome.pdf- h. Masturbated Pupil A and/or allowed Pupil A to masturbate you; ./Mr_Peter_Gittins_Professional_conduct_panel_outcome.pdf- ./Mr_Peter_Gittins_Professional_conduct_panel_outcome.pdf-These allegations were admitted and supported by evidence presented to the panel, in ./Mr_Peter_Gittins_Professional_conduct_panel_outcome.pdf-particular the statement of agreed facts signed by Mr Gittins, as well as the video- ./Mr_Peter_Gittins_Professional_conduct_panel_outcome.pdf-recorded police interview with Pupil A and consistent written statements from Pupil A ./Mr_Peter_Gittins_Professional_conduct_panel_outcome.pdf-provided in the bundle. No evidence was provided which cast any doubt on the facts ./Mr_Peter_Gittins_Professional_conduct_panel_outcome.pdf-having taken place as alleged. The allegations were therefore found proved. ./Mr_Peter_Gittins_Professional_conduct_panel_outcome.pdf- ./Mr_Peter_Gittins_Professional_conduct_panel_outcome.pdf: i. engaged in oral sex and/or received oral sex from Pupil A; ./Mr_Peter_Gittins_Professional_conduct_panel_outcome.pdf- ./Mr_Peter_Gittins_Professional_conduct_panel_outcome.pdf:In the signed statement of agreed facts, Mr Gittins admitted that he gave oral sex to Pupil ./Mr_Peter_Gittins_Professional_conduct_panel_outcome.pdf-A. This was supported by the evidence provided by Pupil A. The panel also noted that ./Mr_Peter_Gittins_Professional_conduct_panel_outcome.pdf-Pupil A had provided consistent compelling evidence, both video-recorded and written, to ./Mr_Peter_Gittins_Professional_conduct_panel_outcome.pdf:support the allegation that Mr Gittins received oral sex from her. The allegation was ./Mr_Peter_Gittins_Professional_conduct_panel_outcome.pdf-therefore found proved in its entirety. ./Mr_Peter_Gittins_Professional_conduct_panel_outcome.pdf- ./Mr_Peter_Gittins_Professional_conduct_panel_outcome.pdf: j. had sexual intercourse with Pupil A; ./Mr_Peter_Gittins_Professional_conduct_panel_outcome.pdf- ./Mr_Peter_Gittins_Professional_conduct_panel_outcome.pdf-The allegation was admitted and supported by evidence presented to the panel, notably ./Mr_Peter_Gittins_Professional_conduct_panel_outcome.pdf-the statement of agreed facts signed by Mr Gittins, as well as other written evidence in ./Mr_Peter_Gittins_Professional_conduct_panel_outcome.pdf-the bundle including the video-recorded police interview with Pupil A and her written ./Mr_Peter_Gittins_Professional_conduct_panel_outcome.pdf-statements. No evidence was provided which cast any doubt on the facts having taken ./Mr_Peter_Gittins_Professional_conduct_panel_outcome.pdf-place as alleged. The allegation was therefore found proved. ./Mr_Peter_Gittins_Professional_conduct_panel_outcome.pdf- ./Mr_Peter_Gittins_Professional_conduct_panel_outcome.pdf: k. bought and/or sent Pupil A a sex toy namely a ‘midnight massager’. ./Mr_Peter_Gittins_Professional_conduct_panel_outcome.pdf- ./Mr_Peter_Gittins_Professional_conduct_panel_outcome.pdf-The allegation was admitted, although Mr Gittins could not recall the name of the specific ./Mr_Peter_Gittins_Professional_conduct_panel_outcome.pdf-product, and supported by evidence presented to the panel, notably the statement of ./Mr_Peter_Gittins_Professional_conduct_panel_outcome.pdf-agreed facts signed by Mr Gittins, as well as other evidence in the bundle including ./Mr_Peter_Gittins_Professional_conduct_panel_outcome.pdf-accounts from Pupil A. No evidence was provided which cast any doubt on the facts ./Mr_Peter_Gittins_Professional_conduct_panel_outcome.pdf-having taken place as alleged. The allegation was therefore found proved. ./Mr_Peter_Gittins_Professional_conduct_panel_outcome.pdf- ./Mr_Peter_Gittins_Professional_conduct_panel_outcome.pdf-2. Between 2004 and 2010 failed to maintain professional boundaries and/or ./Mr_Peter_Gittins_Professional_conduct_panel_outcome.pdf-engaged in an inappropriate relationship with Pupil B in that you on one or more ./Mr_Peter_Gittins_Professional_conduct_panel_outcome.pdf-occasions: -- ./Mr_Peter_Gittins_Professional_conduct_panel_outcome.pdf-The panel noted that it had not been provided with a statement from Pupil B. However, ./Mr_Peter_Gittins_Professional_conduct_panel_outcome.pdf-the panel considered and gave weight to relevant elements of a detailed statement ./Mr_Peter_Gittins_Professional_conduct_panel_outcome.pdf-provided by Pupil A. The panel also noted that no evidence had been provided which ./Mr_Peter_Gittins_Professional_conduct_panel_outcome.pdf-would indicate that the events as alleged had not occurred. In addition, these allegations ./Mr_Peter_Gittins_Professional_conduct_panel_outcome.pdf-were admitted by Mr Gittins in the signed statement of agreed facts. The allegations were ./Mr_Peter_Gittins_Professional_conduct_panel_outcome.pdf-therefore found proved. ./Mr_Peter_Gittins_Professional_conduct_panel_outcome.pdf- ./Mr_Peter_Gittins_Professional_conduct_panel_outcome.pdf:3. Your behaviour as may be found proven at 1 above was conduct of a sexual ./Mr_Peter_Gittins_Professional_conduct_panel_outcome.pdf:nature and/or was sexually motivated. ./Mr_Peter_Gittins_Professional_conduct_panel_outcome.pdf- ./Mr_Peter_Gittins_Professional_conduct_panel_outcome.pdf-The panel took time to consider whether, on the balance of probabilities, reasonable ./Mr_Peter_Gittins_Professional_conduct_panel_outcome.pdf:persons would think the actions found proven at 1 could be sexual. The panel was satisfied ./Mr_Peter_Gittins_Professional_conduct_panel_outcome.pdf-that this was the case. The descriptions of a number of the activities at 1 were, in the ./Mr_Peter_Gittins_Professional_conduct_panel_outcome.pdf:panel’s view, plainly sexual. ./Mr_Peter_Gittins_Professional_conduct_panel_outcome.pdf- ./Mr_Peter_Gittins_Professional_conduct_panel_outcome.pdf-The panel then asked itself whether, in all the circumstances of the conduct in the case, it ./Mr_Peter_Gittins_Professional_conduct_panel_outcome.pdf:was more likely than not that Mr Gittins’ purpose of such actions was sexual. The panel ./Mr_Peter_Gittins_Professional_conduct_panel_outcome.pdf-again concluded that this was the case. ./Mr_Peter_Gittins_Professional_conduct_panel_outcome.pdf- ./Mr_Peter_Gittins_Professional_conduct_panel_outcome.pdf-The panel carefully considered all the circumstances of the case, and determined that on ./Mr_Peter_Gittins_Professional_conduct_panel_outcome.pdf:the balance of probabilities, sexual motivation on the part of Mr Gittins could be inferred. ./Mr_Peter_Gittins_Professional_conduct_panel_outcome.pdf-The panel considered that it had been provided with strong evidence to support this ./Mr_Peter_Gittins_Professional_conduct_panel_outcome.pdf-conclusion. This included that the allegation had been unequivocally admitted in full by ./Mr_Peter_Gittins_Professional_conduct_panel_outcome.pdf-Mr Gittins in the signed statement of agreed facts, in which he agreed that his conduct in ./Mr_Peter_Gittins_Professional_conduct_panel_outcome.pdf:relation to allegation 1 was conduct of a sexual nature and was sexually motivated. The ./Mr_Peter_Gittins_Professional_conduct_panel_outcome.pdf-allegation was also supported by other evidence in the bundle, notably Pupil A’s video- ./Mr_Peter_Gittins_Professional_conduct_panel_outcome.pdf-recorded and written statements. The panel therefore found this allegation to be proved. ./Mr_Peter_Gittins_Professional_conduct_panel_outcome.pdf- ./Mr_Peter_Gittins_Professional_conduct_panel_outcome.pdf-Findings as to unacceptable professional conduct and/or conduct that ./Mr_Peter_Gittins_Professional_conduct_panel_outcome.pdf-may bring the profession into disrepute ./Mr_Peter_Gittins_Professional_conduct_panel_outcome.pdf- ./Mr_Peter_Gittins_Professional_conduct_panel_outcome.pdf-Having found all of the allegations proved, the panel went on to consider whether the ./Mr_Peter_Gittins_Professional_conduct_panel_outcome.pdf-facts of those proved allegations amounted to unacceptable professional conduct and/or ./Mr_Peter_Gittins_Professional_conduct_panel_outcome.pdf-conduct that may bring the profession into disrepute. ./Mr_Peter_Gittins_Professional_conduct_panel_outcome.pdf- -- ./Mr_Peter_Gittins_Professional_conduct_panel_outcome.pdf-in a teaching role and therefore subject to the relevant standards and expectations for the ./Mr_Peter_Gittins_Professional_conduct_panel_outcome.pdf-profession. The panel considered that Mr Gittins was in a position of trust and had a duty ./Mr_Peter_Gittins_Professional_conduct_panel_outcome.pdf-of care towards Pupils A and B. ./Mr_Peter_Gittins_Professional_conduct_panel_outcome.pdf- ./Mr_Peter_Gittins_Professional_conduct_panel_outcome.pdf-The panel also considered whether Mr Gittins’ conduct displayed behaviours associated ./Mr_Peter_Gittins_Professional_conduct_panel_outcome.pdf-with any of the offences listed on pages 10 and 11 of the current Teacher Misconduct: ./Mr_Peter_Gittins_Professional_conduct_panel_outcome.pdf-the Prohibition of Teachers (“the Advice”). The current Advice is relevant in that it ./Mr_Peter_Gittins_Professional_conduct_panel_outcome.pdf-explicitly codifies professional standards and expectations at the time it was issued. The ./Mr_Peter_Gittins_Professional_conduct_panel_outcome.pdf-Advice indicates that where behaviours associated with such an offence exist, a panel is ./Mr_Peter_Gittins_Professional_conduct_panel_outcome.pdf-likely to conclude that an individual’s conduct would amount to unacceptable professional ./Mr_Peter_Gittins_Professional_conduct_panel_outcome.pdf:conduct. In this case, the panel found that the offence of sexual activity was relevant. ./Mr_Peter_Gittins_Professional_conduct_panel_outcome.pdf- ./Mr_Peter_Gittins_Professional_conduct_panel_outcome.pdf-The panel also considered that Mr Gittins’ conduct may have had the potential to expose ./Mr_Peter_Gittins_Professional_conduct_panel_outcome.pdf-pupils to harm or influence them in a harmful way. ./Mr_Peter_Gittins_Professional_conduct_panel_outcome.pdf- ./Mr_Peter_Gittins_Professional_conduct_panel_outcome.pdf-In addition, Mr Gittins was a very experienced teacher, with a career of more than 40 ./Mr_Peter_Gittins_Professional_conduct_panel_outcome.pdf-years, and should have been well aware of the conduct expected of him. Nevertheless he ./Mr_Peter_Gittins_Professional_conduct_panel_outcome.pdf-behaved in an entirely inappropriate way with respect to two children under his care. The ./Mr_Peter_Gittins_Professional_conduct_panel_outcome.pdf-panel noted that Mr Gittins has accepted that he breached boundaries and acceptable ./Mr_Peter_Gittins_Professional_conduct_panel_outcome.pdf-standards. ./Mr_Peter_Gittins_Professional_conduct_panel_outcome.pdf- -- ./Mr_Peter_Gittins_Professional_conduct_panel_outcome.pdf- ./Mr_Peter_Gittins_Professional_conduct_panel_outcome.pdf-The panel had regard to the particular public interest considerations set out in the Advice ./Mr_Peter_Gittins_Professional_conduct_panel_outcome.pdf-and, having done so, found a number of them to be relevant in this case, namely: the ./Mr_Peter_Gittins_Professional_conduct_panel_outcome.pdf-protection of pupils, the protection of other members of the public, the maintenance of ./Mr_Peter_Gittins_Professional_conduct_panel_outcome.pdf-public confidence in the profession, and declaring and upholding proper standards of ./Mr_Peter_Gittins_Professional_conduct_panel_outcome.pdf-conduct. ./Mr_Peter_Gittins_Professional_conduct_panel_outcome.pdf- ./Mr_Peter_Gittins_Professional_conduct_panel_outcome.pdf-The panel’s findings against Mr Gittins involved failing to adhere to professional ./Mr_Peter_Gittins_Professional_conduct_panel_outcome.pdf-boundaries and breaches of trust. The panel found there to be a strong public interest ./Mr_Peter_Gittins_Professional_conduct_panel_outcome.pdf-consideration in respect of the protection of pupils particularly given the serious findings ./Mr_Peter_Gittins_Professional_conduct_panel_outcome.pdf:of inappropriate conduct of a sexual nature relating to one of his pupils. ./Mr_Peter_Gittins_Professional_conduct_panel_outcome.pdf- ./Mr_Peter_Gittins_Professional_conduct_panel_outcome.pdf-Similarly, the panel considered that public confidence in the profession could be seriously ./Mr_Peter_Gittins_Professional_conduct_panel_outcome.pdf-weakened if conduct such as that found against Mr Gittins were not treated with the ./Mr_Peter_Gittins_Professional_conduct_panel_outcome.pdf-utmost seriousness when regulating the conduct of the profession. ./Mr_Peter_Gittins_Professional_conduct_panel_outcome.pdf- ./Mr_Peter_Gittins_Professional_conduct_panel_outcome.pdf-The panel was of the view that a strong public interest consideration in declaring proper ./Mr_Peter_Gittins_Professional_conduct_panel_outcome.pdf-standards of conduct in the profession was also present, as the conduct found against Mr ./Mr_Peter_Gittins_Professional_conduct_panel_outcome.pdf-Gittins was outside that which could reasonably be tolerated. The panel considered that, ./Mr_Peter_Gittins_Professional_conduct_panel_outcome.pdf-whilst no doubt had been cast on Mr Gittins’ ability as an educator, any interest in ./Mr_Peter_Gittins_Professional_conduct_panel_outcome.pdf-retaining him in the profession is outweighed by his breach of the trust placed in him. -- ./Mr_Peter_Gittins_Professional_conduct_panel_outcome.pdf- misconduct seriously affecting the education and/or well-being of pupils, and ./Mr_Peter_Gittins_Professional_conduct_panel_outcome.pdf- particularly where there is a continuing risk; ./Mr_Peter_Gittins_Professional_conduct_panel_outcome.pdf- ./Mr_Peter_Gittins_Professional_conduct_panel_outcome.pdf- a deep-seated attitude that leads to harmful behaviour; ./Mr_Peter_Gittins_Professional_conduct_panel_outcome.pdf- ./Mr_Peter_Gittins_Professional_conduct_panel_outcome.pdf- abuse of position or trust (particularly involving vulnerable pupils) or violation of the ./Mr_Peter_Gittins_Professional_conduct_panel_outcome.pdf- rights of pupils; ./Mr_Peter_Gittins_Professional_conduct_panel_outcome.pdf- ./Mr_Peter_Gittins_Professional_conduct_panel_outcome.pdf: sexual misconduct, for example, involving actions that were sexually motivated or of a ./Mr_Peter_Gittins_Professional_conduct_panel_outcome.pdf: sexual nature and/or that use or exploit the trust, knowledge or influence derived from ./Mr_Peter_Gittins_Professional_conduct_panel_outcome.pdf- the individual’s professional position; ./Mr_Peter_Gittins_Professional_conduct_panel_outcome.pdf- ./Mr_Peter_Gittins_Professional_conduct_panel_outcome.pdf-In relation to the first point, the panel noted that it had found that Mr Gittins’ conduct fell ./Mr_Peter_Gittins_Professional_conduct_panel_outcome.pdf-far short of the standards expected of the profession at the time. ./Mr_Peter_Gittins_Professional_conduct_panel_outcome.pdf- ./Mr_Peter_Gittins_Professional_conduct_panel_outcome.pdf-Even though some of the behaviour found proved in this case indicated that a prohibition ./Mr_Peter_Gittins_Professional_conduct_panel_outcome.pdf-order would be appropriate, the panel went on to consider the mitigating factors. ./Mr_Peter_Gittins_Professional_conduct_panel_outcome.pdf-Mitigating factors may indicate that a prohibition order would not be appropriate or ./Mr_Peter_Gittins_Professional_conduct_panel_outcome.pdf-proportionate. ./Mr_Peter_Gittins_Professional_conduct_panel_outcome.pdf- -- ./Mr_Peter_Gittins_Professional_conduct_panel_outcome.pdf-The panel was of the view that, applying the standard of the ordinary intelligent citizen, it ./Mr_Peter_Gittins_Professional_conduct_panel_outcome.pdf-would not be a proportionate and appropriate response to recommend no prohibition ./Mr_Peter_Gittins_Professional_conduct_panel_outcome.pdf-order. Recommending that the publication of adverse findings was sufficient would ./Mr_Peter_Gittins_Professional_conduct_panel_outcome.pdf-unacceptably compromise the public interest considerations present in this case, despite ./Mr_Peter_Gittins_Professional_conduct_panel_outcome.pdf-the potential severity of the consequences for Mr Gittins of prohibition. ./Mr_Peter_Gittins_Professional_conduct_panel_outcome.pdf- ./Mr_Peter_Gittins_Professional_conduct_panel_outcome.pdf-The panel was of the view that prohibition was both proportionate and appropriate. The ./Mr_Peter_Gittins_Professional_conduct_panel_outcome.pdf-panel decided that the public interest considerations outweighed the interests of Mr ./Mr_Peter_Gittins_Professional_conduct_panel_outcome.pdf-Gittins despite the submissions which had been made in his support. The fact that Mr ./Mr_Peter_Gittins_Professional_conduct_panel_outcome.pdf-Gittins had been in a position of trust and responsibility towards Pupil A and had ./Mr_Peter_Gittins_Professional_conduct_panel_outcome.pdf:nevertheless embarked on a sexually motivated relationship with her was a significant ./Mr_Peter_Gittins_Professional_conduct_panel_outcome.pdf-factor in forming that opinion. Accordingly, the panel made a recommendation to the ./Mr_Peter_Gittins_Professional_conduct_panel_outcome.pdf-Secretary of State that a prohibition order should be imposed with immediate effect. ./Mr_Peter_Gittins_Professional_conduct_panel_outcome.pdf- ./Mr_Peter_Gittins_Professional_conduct_panel_outcome.pdf-The panel went on to consider whether or not it would be appropriate to recommend that ./Mr_Peter_Gittins_Professional_conduct_panel_outcome.pdf-a review period of the order should be considered. The panel was mindful that the Advice ./Mr_Peter_Gittins_Professional_conduct_panel_outcome.pdf- ./Mr_Peter_Gittins_Professional_conduct_panel_outcome.pdf- ./Mr_Peter_Gittins_Professional_conduct_panel_outcome.pdf- 11 ./Mr_Peter_Gittins_Professional_conduct_panel_outcome.pdf- -- ./Mr_Peter_Gittins_Professional_conduct_panel_outcome.pdf-states that a prohibition order applies for life, but there may be circumstances, in any ./Mr_Peter_Gittins_Professional_conduct_panel_outcome.pdf-given case, that may make it appropriate to allow a teacher to apply to have the ./Mr_Peter_Gittins_Professional_conduct_panel_outcome.pdf-prohibition order reviewed after a specified period of time that may not be less than 2 ./Mr_Peter_Gittins_Professional_conduct_panel_outcome.pdf-years. ./Mr_Peter_Gittins_Professional_conduct_panel_outcome.pdf- ./Mr_Peter_Gittins_Professional_conduct_panel_outcome.pdf-The Advice indicates that there are behaviours that, if proved, would militate against the ./Mr_Peter_Gittins_Professional_conduct_panel_outcome.pdf:recommendation of a review period. These behaviours include serious sexual ./Mr_Peter_Gittins_Professional_conduct_panel_outcome.pdf:misconduct, such as where the act was sexually motivated and resulted in or had the ./Mr_Peter_Gittins_Professional_conduct_panel_outcome.pdf-potential to result in, harm to a person or persons, particularly where the individual has ./Mr_Peter_Gittins_Professional_conduct_panel_outcome.pdf-used his professional position to influence or exploit a person or persons. The panel had ./Mr_Peter_Gittins_Professional_conduct_panel_outcome.pdf:found a number of allegations of sexual misconduct proven against Mr Gittins. The panel ./Mr_Peter_Gittins_Professional_conduct_panel_outcome.pdf-noted that Pupil A had provided compelling and credible evidence of the way in which Mr ./Mr_Peter_Gittins_Professional_conduct_panel_outcome.pdf-Gittins exploited his position and her vulnerability over a sustained period, in pursuit of a ./Mr_Peter_Gittins_Professional_conduct_panel_outcome.pdf:sexual relationship, and the ongoing damage that Mr Gittins’ behaviour has caused to ./Mr_Peter_Gittins_Professional_conduct_panel_outcome.pdf-her. The panel additionally noted that it had been provided with evidence that it had been ./Mr_Peter_Gittins_Professional_conduct_panel_outcome.pdf-alleged that Mr Gittins had made an inappropriate comment to another school pupil in ./Mr_Peter_Gittins_Professional_conduct_panel_outcome.pdf-2010 and that a LADO investigation had taken place at that time. The panel took note of ./Mr_Peter_Gittins_Professional_conduct_panel_outcome.pdf:comments made by the LADO that allegations against Mr Gittins involved ‘grooming style ./Mr_Peter_Gittins_Professional_conduct_panel_outcome.pdf-behaviours’. ./Mr_Peter_Gittins_Professional_conduct_panel_outcome.pdf- ./Mr_Peter_Gittins_Professional_conduct_panel_outcome.pdf-The panel considered written statements made by Mr Gittins and by his legal ./Mr_Peter_Gittins_Professional_conduct_panel_outcome.pdf-representative on his behalf. The panel was unconvinced by Mr Gittins’ expressions of ./Mr_Peter_Gittins_Professional_conduct_panel_outcome.pdf-remorse and considered that he had not shown real insight into his behaviour and the ./Mr_Peter_Gittins_Professional_conduct_panel_outcome.pdf-harm it had caused to Pupils A and B. The panel noted the comment that Mr Gittins had ./Mr_Peter_Gittins_Professional_conduct_panel_outcome.pdf-not had specific safeguarding training at the time and that there was a lack of guidance ./Mr_Peter_Gittins_Professional_conduct_panel_outcome.pdf-and support in relation to policies. The panel took note of the submissions made as to Mr ./Mr_Peter_Gittins_Professional_conduct_panel_outcome.pdf-Gittins’ mental health in the period prior to the incidents. However, the panel did not find ./Mr_Peter_Gittins_Professional_conduct_panel_outcome.pdf-these points convincing when weighed against the seriousness of the conduct found -- ./Mr_Peter_Gittins_Professional_conduct_panel_outcome.pdf-The panel has made a recommendation to the Secretary of State that Mr Peter Gittins ./Mr_Peter_Gittins_Professional_conduct_panel_outcome.pdf-should be the subject of a prohibition order, with no provision for a review period. ./Mr_Peter_Gittins_Professional_conduct_panel_outcome.pdf- ./Mr_Peter_Gittins_Professional_conduct_panel_outcome.pdf-In particular, the panel has commented: ./Mr_Peter_Gittins_Professional_conduct_panel_outcome.pdf- ./Mr_Peter_Gittins_Professional_conduct_panel_outcome.pdf-“In the panel’s experience, it considers that Mr Gittins’ behaviour would not have been ./Mr_Peter_Gittins_Professional_conduct_panel_outcome.pdf-regarded as appropriate and that it fell far short of the standards expected of the ./Mr_Peter_Gittins_Professional_conduct_panel_outcome.pdf-profession at the time, particularly the failure to maintain proper professional boundaries ./Mr_Peter_Gittins_Professional_conduct_panel_outcome.pdf-with Pupils A and B, and the failure to safeguard pupils’ wellbeing.” ./Mr_Peter_Gittins_Professional_conduct_panel_outcome.pdf- ./Mr_Peter_Gittins_Professional_conduct_panel_outcome.pdf:The findings of misconduct are particularly serious as they include a finding of sexual ./Mr_Peter_Gittins_Professional_conduct_panel_outcome.pdf-misconduct. ./Mr_Peter_Gittins_Professional_conduct_panel_outcome.pdf- ./Mr_Peter_Gittins_Professional_conduct_panel_outcome.pdf-I have to determine whether the imposition of a prohibition order is proportionate and in ./Mr_Peter_Gittins_Professional_conduct_panel_outcome.pdf-the public interest. In considering that for this case, I have considered the overall aim of a ./Mr_Peter_Gittins_Professional_conduct_panel_outcome.pdf-prohibition order which is to protect pupils and to maintain public confidence in the ./Mr_Peter_Gittins_Professional_conduct_panel_outcome.pdf-profession. I have considered the extent to which a prohibition order in this case would ./Mr_Peter_Gittins_Professional_conduct_panel_outcome.pdf-achieve that aim taking into account the impact that it will have on the individual teacher. ./Mr_Peter_Gittins_Professional_conduct_panel_outcome.pdf-I have also asked myself, whether a less intrusive measure, such as the published ./Mr_Peter_Gittins_Professional_conduct_panel_outcome.pdf-finding of unacceptable professional conduct and conduct that may bring the profession ./Mr_Peter_Gittins_Professional_conduct_panel_outcome.pdf-into disrepute, would itself be sufficient to achieve the overall aim. I have to consider ./Mr_Peter_Gittins_Professional_conduct_panel_outcome.pdf-whether the consequences of such a publication are themselves sufficient. I have ./Mr_Peter_Gittins_Professional_conduct_panel_outcome.pdf-considered therefore whether or not prohibiting Mr Gittins, and the impact that will have ./Mr_Peter_Gittins_Professional_conduct_panel_outcome.pdf-on him, is proportionate and in the public interest. ./Mr_Peter_Gittins_Professional_conduct_panel_outcome.pdf- ./Mr_Peter_Gittins_Professional_conduct_panel_outcome.pdf-In this case, I have considered the extent to which a prohibition order would protect ./Mr_Peter_Gittins_Professional_conduct_panel_outcome.pdf-children. The panel has, “found there to be a strong public interest consideration in ./Mr_Peter_Gittins_Professional_conduct_panel_outcome.pdf-respect of the protection of pupils particularly given the serious findings of inappropriate ./Mr_Peter_Gittins_Professional_conduct_panel_outcome.pdf:conduct of a sexual nature relating to one of his pupils.” ./Mr_Peter_Gittins_Professional_conduct_panel_outcome.pdf- ./Mr_Peter_Gittins_Professional_conduct_panel_outcome.pdf-A prohibition order would therefore prevent such a risk from being present in the future. I ./Mr_Peter_Gittins_Professional_conduct_panel_outcome.pdf-have also taken into account the panel’s comments on insight and remorse, which the ./Mr_Peter_Gittins_Professional_conduct_panel_outcome.pdf-panel sets out as follows, “The panel was unconvinced by Mr Gittins’ expressions of ./Mr_Peter_Gittins_Professional_conduct_panel_outcome.pdf-remorse and considered that he had not shown real insight into his behaviour and the ./Mr_Peter_Gittins_Professional_conduct_panel_outcome.pdf- ./Mr_Peter_Gittins_Professional_conduct_panel_outcome.pdf- 13 ./Mr_Peter_Gittins_Professional_conduct_panel_outcome.pdf- -- ./Mr_Peter_Gittins_Professional_conduct_panel_outcome.pdf-In my judgement, the lack of full remorse and complete insight means that there is some ./Mr_Peter_Gittins_Professional_conduct_panel_outcome.pdf-risk of the repetition of this behaviour and this puts at risk the future well-being of pupils. I ./Mr_Peter_Gittins_Professional_conduct_panel_outcome.pdf-have therefore given this element considerable weight in reaching my decision. ./Mr_Peter_Gittins_Professional_conduct_panel_outcome.pdf- ./Mr_Peter_Gittins_Professional_conduct_panel_outcome.pdf-I have gone on to consider the extent to which a prohibition order would maintain public ./Mr_Peter_Gittins_Professional_conduct_panel_outcome.pdf-confidence in the profession. The panel observe that it, “considered that public ./Mr_Peter_Gittins_Professional_conduct_panel_outcome.pdf-confidence in the profession could be seriously weakened if conduct such as that found ./Mr_Peter_Gittins_Professional_conduct_panel_outcome.pdf-against Mr Gittins were not treated with the utmost seriousness when regulating the ./Mr_Peter_Gittins_Professional_conduct_panel_outcome.pdf-conduct of the profession.” ./Mr_Peter_Gittins_Professional_conduct_panel_outcome.pdf- ./Mr_Peter_Gittins_Professional_conduct_panel_outcome.pdf:I am particularly mindful of the finding of sexual misconduct in this case and the impact ./Mr_Peter_Gittins_Professional_conduct_panel_outcome.pdf-that such a finding has on the reputation of the profession. ./Mr_Peter_Gittins_Professional_conduct_panel_outcome.pdf- ./Mr_Peter_Gittins_Professional_conduct_panel_outcome.pdf-I have had to consider that the public has a high expectation of professional standards of ./Mr_Peter_Gittins_Professional_conduct_panel_outcome.pdf-all teachers and that the public might regard a failure to impose a prohibition order as a ./Mr_Peter_Gittins_Professional_conduct_panel_outcome.pdf-failure to uphold those high standards. In weighing these considerations, I have had to ./Mr_Peter_Gittins_Professional_conduct_panel_outcome.pdf-consider the matter from the point of view of an “ordinary intelligent and well-informed ./Mr_Peter_Gittins_Professional_conduct_panel_outcome.pdf-citizen.” ./Mr_Peter_Gittins_Professional_conduct_panel_outcome.pdf- ./Mr_Peter_Gittins_Professional_conduct_panel_outcome.pdf-I have considered whether the publication of a finding of unacceptable professional ./Mr_Peter_Gittins_Professional_conduct_panel_outcome.pdf-conduct, in the absence of a prohibition order, can itself be regarded by such a person as -- ./Mr_Peter_Gittins_Professional_conduct_panel_outcome.pdf-I have also considered the impact of a prohibition order on Mr Gittins. I note the panel’s ./Mr_Peter_Gittins_Professional_conduct_panel_outcome.pdf-comment, “While these indicated that Mr Gittins is of good character and ‘upright and ./Mr_Peter_Gittins_Professional_conduct_panel_outcome.pdf-moral’ in his dealings, and that no ‘criticism’ or ‘negative feedback’ had been received ./Mr_Peter_Gittins_Professional_conduct_panel_outcome.pdf-about him, the panel was not able to test this evidence and therefore gave this material ./Mr_Peter_Gittins_Professional_conduct_panel_outcome.pdf-less weight.” ./Mr_Peter_Gittins_Professional_conduct_panel_outcome.pdf- ./Mr_Peter_Gittins_Professional_conduct_panel_outcome.pdf-A prohibition order would prevent Mr Gittins from teaching and would also clearly deprive ./Mr_Peter_Gittins_Professional_conduct_panel_outcome.pdf-the public of his contribution to the profession for the period that it is in force. ./Mr_Peter_Gittins_Professional_conduct_panel_outcome.pdf- ./Mr_Peter_Gittins_Professional_conduct_panel_outcome.pdf-In this case, I have placed considerable weight on the panel’s comments concerning the ./Mr_Peter_Gittins_Professional_conduct_panel_outcome.pdf:behaviour. The panel has said, “The panel had found a number of allegations of sexual ./Mr_Peter_Gittins_Professional_conduct_panel_outcome.pdf- ./Mr_Peter_Gittins_Professional_conduct_panel_outcome.pdf- 14 ./Mr_Peter_Gittins_Professional_conduct_panel_outcome.pdf- -- ./Mr_Peter_Gittins_Professional_conduct_panel_outcome.pdf-misconduct proven against Mr Gittins. The panel noted that Pupil A had provided ./Mr_Peter_Gittins_Professional_conduct_panel_outcome.pdf-compelling and credible evidence of the way in which Mr Gittins exploited his position ./Mr_Peter_Gittins_Professional_conduct_panel_outcome.pdf:and her vulnerability over a sustained period, in pursuit of a sexual relationship, and the ./Mr_Peter_Gittins_Professional_conduct_panel_outcome.pdf-ongoing damage that Mr Gittins’ behaviour has caused to her. The panel additionally ./Mr_Peter_Gittins_Professional_conduct_panel_outcome.pdf-noted that it had been provided with evidence that it had been alleged that Mr Gittins had ./Mr_Peter_Gittins_Professional_conduct_panel_outcome.pdf-made an inappropriate comment to another school pupil in 2010 and that a LADO ./Mr_Peter_Gittins_Professional_conduct_panel_outcome.pdf-investigation had taken place at that time. The panel took note of comments made by the ./Mr_Peter_Gittins_Professional_conduct_panel_outcome.pdf-LADO that allegations against Mr Gittins involved ‘grooming style behaviours’.” ./Mr_Peter_Gittins_Professional_conduct_panel_outcome.pdf- ./Mr_Peter_Gittins_Professional_conduct_panel_outcome.pdf-I have given less weight in my consideration of sanction therefore, to the contribution that ./Mr_Peter_Gittins_Professional_conduct_panel_outcome.pdf-Mr Gittins has made to the profession. In my view, it is necessary to impose a prohibition ./Mr_Peter_Gittins_Professional_conduct_panel_outcome.pdf-order in order to maintain public confidence in the profession. A published decision, in ./Mr_Peter_Gittins_Professional_conduct_panel_outcome.pdf-light of the circumstances in this case, that is not backed up by full remorse or complete -- ./Mr_Peter_Gittins_Professional_conduct_panel_outcome.pdf-For these reasons, I have concluded that a prohibition order is proportionate and in the ./Mr_Peter_Gittins_Professional_conduct_panel_outcome.pdf-public interest in order to achieve the intended aims of a prohibition order. ./Mr_Peter_Gittins_Professional_conduct_panel_outcome.pdf- ./Mr_Peter_Gittins_Professional_conduct_panel_outcome.pdf-I have gone on to consider the matter of a review period. In this case, the panel has ./Mr_Peter_Gittins_Professional_conduct_panel_outcome.pdf-recommended that no provision should be made for a review period. ./Mr_Peter_Gittins_Professional_conduct_panel_outcome.pdf- ./Mr_Peter_Gittins_Professional_conduct_panel_outcome.pdf-I have considered the panel’s comments “The panel was of the view that prohibition was ./Mr_Peter_Gittins_Professional_conduct_panel_outcome.pdf-both proportionate and appropriate. The panel decided that the public interest ./Mr_Peter_Gittins_Professional_conduct_panel_outcome.pdf-considerations outweighed the interests of Mr Gittins despite the submissions which had ./Mr_Peter_Gittins_Professional_conduct_panel_outcome.pdf-been made in his support. The fact that Mr Gittins had been in a position of trust and ./Mr_Peter_Gittins_Professional_conduct_panel_outcome.pdf:responsibility towards Pupil A and had nevertheless embarked on a sexually motivated ./Mr_Peter_Gittins_Professional_conduct_panel_outcome.pdf-relationship with her was a significant factor in forming that opinion.” ./Mr_Peter_Gittins_Professional_conduct_panel_outcome.pdf- ./Mr_Peter_Gittins_Professional_conduct_panel_outcome.pdf-I have considered whether allowing for a no review period reflects the seriousness of the ./Mr_Peter_Gittins_Professional_conduct_panel_outcome.pdf-findings and is a proportionate period to achieve the aim of maintaining public confidence ./Mr_Peter_Gittins_Professional_conduct_panel_outcome.pdf-in the profession. In this case, there are factors which mean that a no review prohibition ./Mr_Peter_Gittins_Professional_conduct_panel_outcome.pdf-order is necessary and in the public interest. These factors are the seriousness of the ./Mr_Peter_Gittins_Professional_conduct_panel_outcome.pdf:sexual misconduct and the lack of full remorse or complete insight. ./Mr_Peter_Gittins_Professional_conduct_panel_outcome.pdf- ./Mr_Peter_Gittins_Professional_conduct_panel_outcome.pdf-I consider therefore that allowing for no review period is necessary to maintain public ./Mr_Peter_Gittins_Professional_conduct_panel_outcome.pdf-confidence and is proportionate and in the public interest. ./Mr_Peter_Gittins_Professional_conduct_panel_outcome.pdf- ./Mr_Peter_Gittins_Professional_conduct_panel_outcome.pdf-This means that Mr Peter Gittins is prohibited from teaching indefinitely and ./Mr_Peter_Gittins_Professional_conduct_panel_outcome.pdf-cannot teach in any school, sixth form college, relevant youth accommodation or ./Mr_Peter_Gittins_Professional_conduct_panel_outcome.pdf-children’s home in England. Furthermore, in view of the seriousness of the allegations ./Mr_Peter_Gittins_Professional_conduct_panel_outcome.pdf-found proved against him, I have decided that Mr Peter Gittins shall not be entitled to ./Mr_Peter_Gittins_Professional_conduct_panel_outcome.pdf-apply for restoration of his eligibility to teach. ./Mr_Peter_Gittins_Professional_conduct_panel_outcome.pdf- ./Mr_Peter_Trythall__10078_-_SoS_Decision_redacted_for_WEB.docx.pdf-evidence submitted on behalf of Teacher A were considered at a different hearing. ./Mr_Peter_Trythall__10078_-_SoS_Decision_redacted_for_WEB.docx.pdf-Therefore, the panel considered it would be disproportionate for the case against ./Mr_Peter_Trythall__10078_-_SoS_Decision_redacted_for_WEB.docx.pdf-Teacher A to be severed from that of Mr Trythall and Mr Bailey. ./Mr_Peter_Trythall__10078_-_SoS_Decision_redacted_for_WEB.docx.pdf- ./Mr_Peter_Trythall__10078_-_SoS_Decision_redacted_for_WEB.docx.pdf-Amendment of Allegations ./Mr_Peter_Trythall__10078_-_SoS_Decision_redacted_for_WEB.docx.pdf- ./Mr_Peter_Trythall__10078_-_SoS_Decision_redacted_for_WEB.docx.pdf-In the course of the hearing, the presenting officer applied to amend the allegations ./Mr_Peter_Trythall__10078_-_SoS_Decision_redacted_for_WEB.docx.pdf-against Mr Trythall. The factual particular at Schedule A point 11 stated: “In July 2011, [a ./Mr_Peter_Trythall__10078_-_SoS_Decision_redacted_for_WEB.docx.pdf-Pupil] reported that she had been raped by [a Pupil].” The presenting officer requested ./Mr_Peter_Trythall__10078_-_SoS_Decision_redacted_for_WEB.docx.pdf-this be amended to: “In July 2011, [a Parent] reported to the School that [a Pupil] said ./Mr_Peter_Trythall__10078_-_SoS_Decision_redacted_for_WEB.docx.pdf:she had had sexual intercourse with [a Pupil].” The presenting officer submitted that this ./Mr_Peter_Trythall__10078_-_SoS_Decision_redacted_for_WEB.docx.pdf-amendment was consistent with [a Parent]’s statement which was included in the TRA ./Mr_Peter_Trythall__10078_-_SoS_Decision_redacted_for_WEB.docx.pdf- ./Mr_Peter_Trythall__10078_-_SoS_Decision_redacted_for_WEB.docx.pdf- 8 ./Mr_Peter_Trythall__10078_-_SoS_Decision_redacted_for_WEB.docx.pdf- -- ./Mr_Peter_Trythall__10078_-_SoS_Decision_redacted_for_WEB.docx.pdf- ./Mr_Peter_Trythall__10078_-_SoS_Decision_redacted_for_WEB.docx.pdf-The panel considered that Mr Trythall took these proceedings very seriously and he ./Mr_Peter_Trythall__10078_-_SoS_Decision_redacted_for_WEB.docx.pdf-expressed sincere insight when questioned by the panel. The panel found credible Mr ./Mr_Peter_Trythall__10078_-_SoS_Decision_redacted_for_WEB.docx.pdf-Bailey’s and Mr Trythall’s evidence that government guidance on or around 2009-2012 ./Mr_Peter_Trythall__10078_-_SoS_Decision_redacted_for_WEB.docx.pdf-was more focused on the threat that adults may pose to children’s wellbeing as opposed ./Mr_Peter_Trythall__10078_-_SoS_Decision_redacted_for_WEB.docx.pdf-to peer on peer issues. ./Mr_Peter_Trythall__10078_-_SoS_Decision_redacted_for_WEB.docx.pdf- ./Mr_Peter_Trythall__10078_-_SoS_Decision_redacted_for_WEB.docx.pdf-The panel noted from Mr Trythall’s oral evidence that he recognised with hindsight that ./Mr_Peter_Trythall__10078_-_SoS_Decision_redacted_for_WEB.docx.pdf-failing to seek advice from external services was a failure to recognise a safeguarding ./Mr_Peter_Trythall__10078_-_SoS_Decision_redacted_for_WEB.docx.pdf-concern particularly in relation to pupils having inappropriate material on their phones or ./Mr_Peter_Trythall__10078_-_SoS_Decision_redacted_for_WEB.docx.pdf:sexual relationships. The panel considered that, through these proceedings, Mr Trythall ./Mr_Peter_Trythall__10078_-_SoS_Decision_redacted_for_WEB.docx.pdf-had come to terms with the fact that he sought initially to deal with potential safeguarding ./Mr_Peter_Trythall__10078_-_SoS_Decision_redacted_for_WEB.docx.pdf-matters as disciplinary issues. He acknowledged numerous times within his statement ./Mr_Peter_Trythall__10078_-_SoS_Decision_redacted_for_WEB.docx.pdf-and oral evidence that he would now know that he had to seek external support first. The ./Mr_Peter_Trythall__10078_-_SoS_Decision_redacted_for_WEB.docx.pdf-panel noted that if a peer on peer issue arose now, Mr Trythall would have no hesitation ./Mr_Peter_Trythall__10078_-_SoS_Decision_redacted_for_WEB.docx.pdf-in seeking external advice from appropriate agencies regarding any potential ./Mr_Peter_Trythall__10078_-_SoS_Decision_redacted_for_WEB.docx.pdf-safeguarding concerns. Therefore, the panel considered it highly unlikely that the conduct ./Mr_Peter_Trythall__10078_-_SoS_Decision_redacted_for_WEB.docx.pdf-found proven against Mr Trythall would be repeated. ./Mr_Peter_Trythall__10078_-_SoS_Decision_redacted_for_WEB.docx.pdf- ./Mr_Peter_Trythall__10078_-_SoS_Decision_redacted_for_WEB.docx.pdf-Accordingly, the panel determined it was appropriate to recommend to the Secretary of ./Mr_Peter_Trythall__10078_-_SoS_Decision_redacted_for_WEB.docx.pdf-State that no prohibition order be imposed in relation to Mr Trythall’s conduct. The panel ./Mr_Robert_Bailey__11318__-_SoS_Decision__redacted__for_WEB.pdf-Amendment of Allegations ./Mr_Robert_Bailey__11318__-_SoS_Decision__redacted__for_WEB.pdf- ./Mr_Robert_Bailey__11318__-_SoS_Decision__redacted__for_WEB.pdf-The presenting officer applied to amend the allegations against Mr Bailey and requested ./Mr_Robert_Bailey__11318__-_SoS_Decision__redacted__for_WEB.pdf-that Schedule A point 2 was amended to remove the words “4 March 2011” to be ./Mr_Robert_Bailey__11318__-_SoS_Decision__redacted__for_WEB.pdf-replaced by “October 2010”. The amendment to Schedule A point 2 was not opposed by ./Mr_Robert_Bailey__11318__-_SoS_Decision__redacted__for_WEB.pdf-any of the teachers. ./Mr_Robert_Bailey__11318__-_SoS_Decision__redacted__for_WEB.pdf- ./Mr_Robert_Bailey__11318__-_SoS_Decision__redacted__for_WEB.pdf-In the course of the hearing, the presenting officers also applied to amend the factual ./Mr_Robert_Bailey__11318__-_SoS_Decision__redacted__for_WEB.pdf-particular at Schedule A point 12 which stated: “In July 2011, [a Pupil] reported that she ./Mr_Robert_Bailey__11318__-_SoS_Decision__redacted__for_WEB.pdf-had been raped by [a Pupil].” The presenting officer requested this be amended to: “In ./Mr_Robert_Bailey__11318__-_SoS_Decision__redacted__for_WEB.pdf:July 2011, [a Parent] reported to the School that [a Pupil] said she had had sexual ./Mr_Robert_Bailey__11318__-_SoS_Decision__redacted__for_WEB.pdf-intercourse with [a Pupil]”. The presenting officer submitted that this amendment was ./Mr_Robert_Bailey__11318__-_SoS_Decision__redacted__for_WEB.pdf-consistent with [a Parent]’s statement which was included in the TRA bundle. The ./Mr_Robert_Bailey__11318__-_SoS_Decision__redacted__for_WEB.pdf-presenting officer also applied to amend the factual particular of Schedule A point 12 ./Mr_Robert_Bailey__11318__-_SoS_Decision__redacted__for_WEB.pdf-against Mr Trythall in the same manner. ./Mr_Robert_Bailey__11318__-_SoS_Decision__redacted__for_WEB.pdf- ./Mr_Robert_Bailey__11318__-_SoS_Decision__redacted__for_WEB.pdf-Mr Bailey’s representative submitted to the panel that this change in the factual particular ./Mr_Robert_Bailey__11318__-_SoS_Decision__redacted__for_WEB.pdf-did not alter Mr Bailey’s non-admission of this particular. The amendments to Schedule A ./Mr_Robert_Bailey__11318__-_SoS_Decision__redacted__for_WEB.pdf-point 2 and 12 were not opposed by any of the teachers. ./Mr_Robert_Bailey__11318__-_SoS_Decision__redacted__for_WEB.pdf- ./Mr_Robert_Bailey__11318__-_SoS_Decision__redacted__for_WEB.pdf-The panel was content to amend Schedule A point 2 and 12 as suggested by the ./Mr_Robert_Nixon_Professional_conduct_panel_outcome.pdf- ./Mr_Robert_Nixon_Professional_conduct_panel_outcome.pdf- a) giving Pupil A one or more gifts ./Mr_Robert_Nixon_Professional_conduct_panel_outcome.pdf- ./Mr_Robert_Nixon_Professional_conduct_panel_outcome.pdf- b) hugging Pupil A ./Mr_Robert_Nixon_Professional_conduct_panel_outcome.pdf- ./Mr_Robert_Nixon_Professional_conduct_panel_outcome.pdf- c) kissing Pupil A ./Mr_Robert_Nixon_Professional_conduct_panel_outcome.pdf- ./Mr_Robert_Nixon_Professional_conduct_panel_outcome.pdf- 2. He failed to follow a management instruction on more than one occasion in ./Mr_Robert_Nixon_Professional_conduct_panel_outcome.pdf- relation to Pupil A. ./Mr_Robert_Nixon_Professional_conduct_panel_outcome.pdf- ./Mr_Robert_Nixon_Professional_conduct_panel_outcome.pdf: 3. His behaviour as may be found proven at 1 above was conduct of a sexual ./Mr_Robert_Nixon_Professional_conduct_panel_outcome.pdf: nature and/or was sexually motivated. ./Mr_Robert_Nixon_Professional_conduct_panel_outcome.pdf- ./Mr_Robert_Nixon_Professional_conduct_panel_outcome.pdf-Mr Nixon admitted all of the allegations save for the following: Mr Nixon did not accept ./Mr_Robert_Nixon_Professional_conduct_panel_outcome.pdf:that his conduct at allegation 1c was sexually motivated. However, Mr Nixon accepted ./Mr_Robert_Nixon_Professional_conduct_panel_outcome.pdf-that his conduct amounted to unacceptable professional conduct and conduct which ./Mr_Robert_Nixon_Professional_conduct_panel_outcome.pdf-brought the profession into disrepute. ./Mr_Robert_Nixon_Professional_conduct_panel_outcome.pdf- ./Mr_Robert_Nixon_Professional_conduct_panel_outcome.pdf- ./Mr_Robert_Nixon_Professional_conduct_panel_outcome.pdf-C. Summary of evidence ./Mr_Robert_Nixon_Professional_conduct_panel_outcome.pdf-Documents ./Mr_Robert_Nixon_Professional_conduct_panel_outcome.pdf-In advance of the meeting, the panel received a bundle of documents which included: ./Mr_Robert_Nixon_Professional_conduct_panel_outcome.pdf- ./Mr_Robert_Nixon_Professional_conduct_panel_outcome.pdf-Section 1: Chronology and Anonymised Person List – pages 1 to 4; ./Mr_Robert_Nixon_Professional_conduct_panel_outcome.pdf- -- ./Mr_Robert_Nixon_Professional_conduct_panel_outcome.pdf-The panel considered a statement of agreed facts which was signed by Mr Nixon on 15 ./Mr_Robert_Nixon_Professional_conduct_panel_outcome.pdf-August 2019. ./Mr_Robert_Nixon_Professional_conduct_panel_outcome.pdf- ./Mr_Robert_Nixon_Professional_conduct_panel_outcome.pdf- ./Mr_Robert_Nixon_Professional_conduct_panel_outcome.pdf-D. Decision and reasons ./Mr_Robert_Nixon_Professional_conduct_panel_outcome.pdf-The panel announced its decision and reasons as follows: ./Mr_Robert_Nixon_Professional_conduct_panel_outcome.pdf- ./Mr_Robert_Nixon_Professional_conduct_panel_outcome.pdf-In advance of the meeting, the TRA agreed to a request from Mr Nixon that the allegations ./Mr_Robert_Nixon_Professional_conduct_panel_outcome.pdf-be considered without a hearing. ./Mr_Robert_Nixon_Professional_conduct_panel_outcome.pdf- ./Mr_Robert_Nixon_Professional_conduct_panel_outcome.pdf:Whilst one element of the case was denied by Mr Nixon (the issue of sexual motivation ./Mr_Robert_Nixon_Professional_conduct_panel_outcome.pdf:as opposed to conduct of a sexual nature in allegation 3) the panel took the view that this ./Mr_Robert_Nixon_Professional_conduct_panel_outcome.pdf-issue could be determined by reference to the evidence and there was no need to hold a ./Mr_Robert_Nixon_Professional_conduct_panel_outcome.pdf:hearing. The panel was satisfied that the issue of sexual motivation was a matter of ./Mr_Robert_Nixon_Professional_conduct_panel_outcome.pdf-interpretation and judgement based on the agreed facts. ./Mr_Robert_Nixon_Professional_conduct_panel_outcome.pdf- ./Mr_Robert_Nixon_Professional_conduct_panel_outcome.pdf-The panel has the ability to direct that the case be considered at a hearing if required in ./Mr_Robert_Nixon_Professional_conduct_panel_outcome.pdf-the interests of justice or in the public interest. The panel did not consider that such a ./Mr_Robert_Nixon_Professional_conduct_panel_outcome.pdf-direction was necessary or appropriate in this case. ./Mr_Robert_Nixon_Professional_conduct_panel_outcome.pdf- ./Mr_Robert_Nixon_Professional_conduct_panel_outcome.pdf-The panel proceeded to carefully consider the case, having read all the documents, and ./Mr_Robert_Nixon_Professional_conduct_panel_outcome.pdf-reached a decision. ./Mr_Robert_Nixon_Professional_conduct_panel_outcome.pdf- ./Mr_Robert_Nixon_Professional_conduct_panel_outcome.pdf-Mr Nixon held the role of History Teacher from 1 September 2013 and was Head of Year -- ./Mr_Robert_Nixon_Professional_conduct_panel_outcome.pdf- 1. You engaged in and/or developed an inappropriate relationship with a ./Mr_Robert_Nixon_Professional_conduct_panel_outcome.pdf- vulnerable pupil in academic year 2018/2019 including by; ./Mr_Robert_Nixon_Professional_conduct_panel_outcome.pdf- ./Mr_Robert_Nixon_Professional_conduct_panel_outcome.pdf- a) giving Pupil A one or more gifts ./Mr_Robert_Nixon_Professional_conduct_panel_outcome.pdf- ./Mr_Robert_Nixon_Professional_conduct_panel_outcome.pdf- b) hugging Pupil A ./Mr_Robert_Nixon_Professional_conduct_panel_outcome.pdf- ./Mr_Robert_Nixon_Professional_conduct_panel_outcome.pdf- c) kissing Pupil A ./Mr_Robert_Nixon_Professional_conduct_panel_outcome.pdf- ./Mr_Robert_Nixon_Professional_conduct_panel_outcome.pdf:Mr Nixon admitted the facts of allegations 1 to 3 with the exception that he denies sexual ./Mr_Robert_Nixon_Professional_conduct_panel_outcome.pdf-motivation (allegation 3). ./Mr_Robert_Nixon_Professional_conduct_panel_outcome.pdf- ./Mr_Robert_Nixon_Professional_conduct_panel_outcome.pdf-Mr Nixon accepts that: ./Mr_Robert_Nixon_Professional_conduct_panel_outcome.pdf- ./Mr_Robert_Nixon_Professional_conduct_panel_outcome.pdf-  Pupil A was in [REDACTED] at the time of the allegations; ./Mr_Robert_Nixon_Professional_conduct_panel_outcome.pdf- ./Mr_Robert_Nixon_Professional_conduct_panel_outcome.pdf-  [REDACTED]; ./Mr_Robert_Nixon_Professional_conduct_panel_outcome.pdf- ./Mr_Robert_Nixon_Professional_conduct_panel_outcome.pdf-  He engaged in and developed an inappropriate relationship with Pupil A in the ./Mr_Robert_Nixon_Professional_conduct_panel_outcome.pdf- academic year 2018/19; -- ./Mr_Robert_Nixon_Professional_conduct_panel_outcome.pdf- ./Mr_Robert_Nixon_Professional_conduct_panel_outcome.pdf-Notwithstanding this, on 13 December 2018, Pupil A was recorded on CCTV attending ./Mr_Robert_Nixon_Professional_conduct_panel_outcome.pdf-school at 6.38am and immediately going to a private office with Mr Nixon. On 17 ./Mr_Robert_Nixon_Professional_conduct_panel_outcome.pdf-December 2018, a pupil reported seeing Mr Nixon with Pupil A at approximately 7am in a ./Mr_Robert_Nixon_Professional_conduct_panel_outcome.pdf-back office within the school. ./Mr_Robert_Nixon_Professional_conduct_panel_outcome.pdf- ./Mr_Robert_Nixon_Professional_conduct_panel_outcome.pdf-Mr Nixon accepts that he ignored the instruction he had been given. ./Mr_Robert_Nixon_Professional_conduct_panel_outcome.pdf- ./Mr_Robert_Nixon_Professional_conduct_panel_outcome.pdf-Accordingly, the panel found allegation 2 proved. ./Mr_Robert_Nixon_Professional_conduct_panel_outcome.pdf- ./Mr_Robert_Nixon_Professional_conduct_panel_outcome.pdf: 3. Your behaviour as may be found proven at 1 above was conduct of a sexual ./Mr_Robert_Nixon_Professional_conduct_panel_outcome.pdf: nature and/or was sexually motivated. ./Mr_Robert_Nixon_Professional_conduct_panel_outcome.pdf- ./Mr_Robert_Nixon_Professional_conduct_panel_outcome.pdf-Mr Nixon admitted the facts of allegation 3, save that he denied that his conduct at ./Mr_Robert_Nixon_Professional_conduct_panel_outcome.pdf:allegation 1 was sexually motivated. Mr Nixon admits that his conduct in respect of ./Mr_Robert_Nixon_Professional_conduct_panel_outcome.pdf:kissing Pupil A (allegation 1c) was conduct of a sexual nature. ./Mr_Robert_Nixon_Professional_conduct_panel_outcome.pdf- ./Mr_Robert_Nixon_Professional_conduct_panel_outcome.pdf-The panel is of the view that the accepted evidence in this case is consistent with the ./Mr_Robert_Nixon_Professional_conduct_panel_outcome.pdf:evidence of Mr Nixon. This was clearly conduct of a sexual nature. However, there is no ./Mr_Robert_Nixon_Professional_conduct_panel_outcome.pdf:evidence that Mr Nixon's conduct was primarily motivated by the intention to attain sexual ./Mr_Robert_Nixon_Professional_conduct_panel_outcome.pdf:gratification or engage in a sexual relationship. There is no evidence that the ./Mr_Robert_Nixon_Professional_conduct_panel_outcome.pdf-inappropriate relationship continued over a long period of time or escalated beyond ./Mr_Robert_Nixon_Professional_conduct_panel_outcome.pdf-kissing. The panel makes a finding that allegation 3 is proved on the basis that allegation ./Mr_Robert_Nixon_Professional_conduct_panel_outcome.pdf:1c was conduct of a sexual nature as opposed to conduct which was sexually motivated. ./Mr_Robert_Nixon_Professional_conduct_panel_outcome.pdf- ./Mr_Robert_Nixon_Professional_conduct_panel_outcome.pdf-Findings as to unacceptable professional conduct and/or conduct that ./Mr_Robert_Nixon_Professional_conduct_panel_outcome.pdf-may bring the profession into disrepute ./Mr_Robert_Nixon_Professional_conduct_panel_outcome.pdf-Having found all of the allegations to have been proven, the panel went on to consider ./Mr_Robert_Nixon_Professional_conduct_panel_outcome.pdf-whether the facts of those proven allegations amount to unacceptable professional ./Mr_Robert_Nixon_Professional_conduct_panel_outcome.pdf-conduct and/or conduct that may bring the profession into disrepute. ./Mr_Robert_Nixon_Professional_conduct_panel_outcome.pdf- ./Mr_Robert_Nixon_Professional_conduct_panel_outcome.pdf-Mr Nixon admitted that the facts found proven in relation to all of the allegations amounted ./Mr_Robert_Nixon_Professional_conduct_panel_outcome.pdf-to unacceptable professional conduct and conduct that may bring the profession into ./Mr_Robert_Nixon_Professional_conduct_panel_outcome.pdf-disrepute. -- ./Mr_Robert_Nixon_Professional_conduct_panel_outcome.pdf- statutory provisions; ./Mr_Robert_Nixon_Professional_conduct_panel_outcome.pdf-  Teachers must have proper and professional regard for the ethos, policies and ./Mr_Robert_Nixon_Professional_conduct_panel_outcome.pdf- practices of the school in which they teach; ./Mr_Robert_Nixon_Professional_conduct_panel_outcome.pdf-  Teachers must have an understanding of, and always act within, the statutory ./Mr_Robert_Nixon_Professional_conduct_panel_outcome.pdf- frameworks which set out their professional duties and responsibilities. ./Mr_Robert_Nixon_Professional_conduct_panel_outcome.pdf-The panel was satisfied that the conduct of Mr Nixon amounted to misconduct of a serious ./Mr_Robert_Nixon_Professional_conduct_panel_outcome.pdf-nature which fell significantly short of the standards expected of the profession. ./Mr_Robert_Nixon_Professional_conduct_panel_outcome.pdf- ./Mr_Robert_Nixon_Professional_conduct_panel_outcome.pdf-The panel also considered whether Mr Nixon's conduct displayed behaviours associated ./Mr_Robert_Nixon_Professional_conduct_panel_outcome.pdf-with any of the offences listed on pages 10 and 11 of the Advice. The panel took the view ./Mr_Robert_Nixon_Professional_conduct_panel_outcome.pdf:that one such associated behaviour was present in this case, namely sexual activity. ./Mr_Robert_Nixon_Professional_conduct_panel_outcome.pdf- ./Mr_Robert_Nixon_Professional_conduct_panel_outcome.pdf-The Advice indicates that where behaviours associated with such an offence exist, a ./Mr_Robert_Nixon_Professional_conduct_panel_outcome.pdf-panel is likely to conclude that an individual’s conduct would amount to unacceptable ./Mr_Robert_Nixon_Professional_conduct_panel_outcome.pdf-professional conduct. ./Mr_Robert_Nixon_Professional_conduct_panel_outcome.pdf- ./Mr_Robert_Nixon_Professional_conduct_panel_outcome.pdf-Mr Nixon's conduct amounted to a serious safeguarding failure and presented a risk of ./Mr_Robert_Nixon_Professional_conduct_panel_outcome.pdf-harm to a pupil in his care. His conduct impacted upon Pupil A and the School; it also had ./Mr_Robert_Nixon_Professional_conduct_panel_outcome.pdf-the potential to impact on pupils and the School community more broadly in so far as his ./Mr_Robert_Nixon_Professional_conduct_panel_outcome.pdf-inappropriate contact with Pupil A had been witnessed and reported by staff and other ./Mr_Robert_Nixon_Professional_conduct_panel_outcome.pdf-pupils. -- ./Mr_Robert_Nixon_Professional_conduct_panel_outcome.pdf-be appropriate if certain behaviours of a teacher have been proven. ./Mr_Robert_Nixon_Professional_conduct_panel_outcome.pdf- ./Mr_Robert_Nixon_Professional_conduct_panel_outcome.pdf-In the list of such behaviours, those relevant in this case are: ./Mr_Robert_Nixon_Professional_conduct_panel_outcome.pdf- ./Mr_Robert_Nixon_Professional_conduct_panel_outcome.pdf-  serious departure from the personal and professional conduct elements of the ./Mr_Robert_Nixon_Professional_conduct_panel_outcome.pdf- Teachers’ Standards; ./Mr_Robert_Nixon_Professional_conduct_panel_outcome.pdf-  misconduct seriously affecting the well-being of pupils, and particularly where ./Mr_Robert_Nixon_Professional_conduct_panel_outcome.pdf- there is a continuing risk; ./Mr_Robert_Nixon_Professional_conduct_panel_outcome.pdf-  abuse of position or trust (particularly involving vulnerable pupils) or violation of the ./Mr_Robert_Nixon_Professional_conduct_panel_outcome.pdf- rights of pupils; ./Mr_Robert_Nixon_Professional_conduct_panel_outcome.pdf:  sexual misconduct, e.g. involving actions that were sexually motivated or of a ./Mr_Robert_Nixon_Professional_conduct_panel_outcome.pdf: sexual nature and/or that use or exploit the trust, knowledge or influence derived ./Mr_Robert_Nixon_Professional_conduct_panel_outcome.pdf- from the individual’s professional position. ./Mr_Robert_Nixon_Professional_conduct_panel_outcome.pdf- ./Mr_Robert_Nixon_Professional_conduct_panel_outcome.pdf-Even though there were behaviours that would point to a prohibition order being ./Mr_Robert_Nixon_Professional_conduct_panel_outcome.pdf-appropriate, the panel went on to consider whether or not there were sufficient mitigating ./Mr_Robert_Nixon_Professional_conduct_panel_outcome.pdf-factors to militate against a prohibition order being an appropriate and proportionate ./Mr_Robert_Nixon_Professional_conduct_panel_outcome.pdf- ./Mr_Robert_Nixon_Professional_conduct_panel_outcome.pdf- 10 ./Mr_Robert_Nixon_Professional_conduct_panel_outcome.pdf- -- ./Mr_Robert_Nixon_Professional_conduct_panel_outcome.pdf- ./Mr_Robert_Nixon_Professional_conduct_panel_outcome.pdf-The panel went on to consider whether or not it would be appropriate to recommend that ./Mr_Robert_Nixon_Professional_conduct_panel_outcome.pdf-a review period of the order should be considered. ./Mr_Robert_Nixon_Professional_conduct_panel_outcome.pdf- ./Mr_Robert_Nixon_Professional_conduct_panel_outcome.pdf-The panel was mindful that the Advice advises that a prohibition order applies for life, but ./Mr_Robert_Nixon_Professional_conduct_panel_outcome.pdf-there may be circumstances in any given case that may make it appropriate to allow a ./Mr_Robert_Nixon_Professional_conduct_panel_outcome.pdf-teacher to apply to have the prohibition order reviewed after a specified period of time ./Mr_Robert_Nixon_Professional_conduct_panel_outcome.pdf-that may not be less than 2 years. ./Mr_Robert_Nixon_Professional_conduct_panel_outcome.pdf- ./Mr_Robert_Nixon_Professional_conduct_panel_outcome.pdf-The Advice indicates that there are behaviours that, if proven, would militate against a ./Mr_Robert_Nixon_Professional_conduct_panel_outcome.pdf:review period being recommended. One of these behaviours includes serious sexual ./Mr_Robert_Nixon_Professional_conduct_panel_outcome.pdf:misconduct, eg where the act was sexually motivated and resulted in or had the potential ./Mr_Robert_Nixon_Professional_conduct_panel_outcome.pdf-to result in, harm to a person or persons, particularly where the individual has used their ./Mr_Robert_Nixon_Professional_conduct_panel_outcome.pdf-professional position to influence or exploit a person or persons. Whilst the panel is of the ./Mr_Robert_Nixon_Professional_conduct_panel_outcome.pdf-view that Mr Nixon is responsible for serious misconduct involving an inappropriate ./Mr_Robert_Nixon_Professional_conduct_panel_outcome.pdf:relationship and conduct of a sexual nature it does not take the view that Mr Nixon's ./Mr_Robert_Nixon_Professional_conduct_panel_outcome.pdf:actions amount to serious sexual misconduct such that this feature is satisfied. In this ./Mr_Robert_Nixon_Professional_conduct_panel_outcome.pdf-case, the conduct did not escalate beyond kissing and hugging, and took place within a ./Mr_Robert_Nixon_Professional_conduct_panel_outcome.pdf-limited timeframe. ./Mr_Robert_Nixon_Professional_conduct_panel_outcome.pdf- ./Mr_Robert_Nixon_Professional_conduct_panel_outcome.pdf-In considering whether to recommend a review period, the panel took account of the ./Mr_Robert_Nixon_Professional_conduct_panel_outcome.pdf-mitigating circumstances present in this case. ./Mr_Robert_Nixon_Professional_conduct_panel_outcome.pdf- ./Mr_Robert_Nixon_Professional_conduct_panel_outcome.pdf-Mr Nixon clearly understood that he had departed from acceptable standards. Mr Nixon ./Mr_Robert_Nixon_Professional_conduct_panel_outcome.pdf-has expressed comprehensive regret and remorse for his actions. The panel has noted ./Mr_Robert_Nixon_Professional_conduct_panel_outcome.pdf-that Mr Nixon refers to the agency of Pupil A in developing the relationship, which the ./Mr_Robert_Nixon_Professional_conduct_panel_outcome.pdf-panel found concerning; however in other respects Mr Nixon has demonstrated an ability -- ./Mr_Robert_Nixon_Professional_conduct_panel_outcome.pdf-I have given very careful consideration to this case and to the recommendation of the ./Mr_Robert_Nixon_Professional_conduct_panel_outcome.pdf-panel in respect of both sanction and review period. ./Mr_Robert_Nixon_Professional_conduct_panel_outcome.pdf- ./Mr_Robert_Nixon_Professional_conduct_panel_outcome.pdf-In considering this case, I have also given very careful attention to the Advice that the ./Mr_Robert_Nixon_Professional_conduct_panel_outcome.pdf-Secretary of State has published concerning the prohibition of teachers. ./Mr_Robert_Nixon_Professional_conduct_panel_outcome.pdf- ./Mr_Robert_Nixon_Professional_conduct_panel_outcome.pdf-In this case, the panel has found all of the allegations proven, however in reference to ./Mr_Robert_Nixon_Professional_conduct_panel_outcome.pdf-allegation 3 the panel find this is proved on the basis that allegation 1c was conduct of a ./Mr_Robert_Nixon_Professional_conduct_panel_outcome.pdf:sexual nature as opposed to conduct which was sexually motivated. The panel found ./Mr_Robert_Nixon_Professional_conduct_panel_outcome.pdf-that those proven facts amount to unacceptable professional conduct and/or conduct that ./Mr_Robert_Nixon_Professional_conduct_panel_outcome.pdf-may bring the profession into disrepute. Where the panel has found some of allegation 3 ./Mr_Robert_Nixon_Professional_conduct_panel_outcome.pdf-not proven, I have put those matters entirely from my mind. ./Mr_Robert_Nixon_Professional_conduct_panel_outcome.pdf- ./Mr_Robert_Nixon_Professional_conduct_panel_outcome.pdf-The panel has made a recommendation to the Secretary of State that Mr Nixon should ./Mr_Robert_Nixon_Professional_conduct_panel_outcome.pdf-be the subject of a prohibition order, with a review period of two years. ./Mr_Robert_Nixon_Professional_conduct_panel_outcome.pdf- ./Mr_Robert_Nixon_Professional_conduct_panel_outcome.pdf-In particular, the panel has found that Mr Nixon is in breach of the following standards: ./Mr_Robert_Nixon_Professional_conduct_panel_outcome.pdf- ./Mr_Robert_Nixon_Professional_conduct_panel_outcome.pdf-  Teachers uphold public trust in the profession and maintain high standards of -- ./Mr_Robert_Nixon_Professional_conduct_panel_outcome.pdf-  Teachers must have an understanding of, and always act within, the statutory ./Mr_Robert_Nixon_Professional_conduct_panel_outcome.pdf- frameworks which set out their professional duties and responsibilities. ./Mr_Robert_Nixon_Professional_conduct_panel_outcome.pdf- ./Mr_Robert_Nixon_Professional_conduct_panel_outcome.pdf- ./Mr_Robert_Nixon_Professional_conduct_panel_outcome.pdf- ./Mr_Robert_Nixon_Professional_conduct_panel_outcome.pdf-The panel finds that the conduct of Mr Nixon fell significantly short of the standards ./Mr_Robert_Nixon_Professional_conduct_panel_outcome.pdf-expected of the profession. ./Mr_Robert_Nixon_Professional_conduct_panel_outcome.pdf- ./Mr_Robert_Nixon_Professional_conduct_panel_outcome.pdf-The panel also considered whether Mr Nixon's conduct displayed behaviours associated ./Mr_Robert_Nixon_Professional_conduct_panel_outcome.pdf-with any of the offences listed on pages 10 and 11 of the Advice. The panel took the view ./Mr_Robert_Nixon_Professional_conduct_panel_outcome.pdf:that, “one such associated behaviour was present in this case, namely sexual activity”. ./Mr_Robert_Nixon_Professional_conduct_panel_outcome.pdf- ./Mr_Robert_Nixon_Professional_conduct_panel_outcome.pdf- ./Mr_Robert_Nixon_Professional_conduct_panel_outcome.pdf- ./Mr_Robert_Nixon_Professional_conduct_panel_outcome.pdf-The findings of misconduct are particularly serious as they include a finding of serious ./Mr_Robert_Nixon_Professional_conduct_panel_outcome.pdf:safeguarding failings and conduct of a sexual nature. ./Mr_Robert_Nixon_Professional_conduct_panel_outcome.pdf- ./Mr_Robert_Nixon_Professional_conduct_panel_outcome.pdf- ./Mr_Robert_Nixon_Professional_conduct_panel_outcome.pdf- ./Mr_Robert_Nixon_Professional_conduct_panel_outcome.pdf- ./Mr_Robert_Nixon_Professional_conduct_panel_outcome.pdf- 13 ./Mr_Robert_Nixon_Professional_conduct_panel_outcome.pdf- -- ./Mr_Robert_Nixon_Professional_conduct_panel_outcome.pdf-impact of this upon Pupil A, other students and the school.” In my judgement, the lack of ./Mr_Robert_Nixon_Professional_conduct_panel_outcome.pdf-full insight means that there is some risk of the repetition of this behaviour and this puts ./Mr_Robert_Nixon_Professional_conduct_panel_outcome.pdf-at risk future pupils’ safety. I have therefore given this element considerable weight in ./Mr_Robert_Nixon_Professional_conduct_panel_outcome.pdf-reaching my decision. ./Mr_Robert_Nixon_Professional_conduct_panel_outcome.pdf- ./Mr_Robert_Nixon_Professional_conduct_panel_outcome.pdf-I have gone on to consider the extent to which a prohibition order would maintain public ./Mr_Robert_Nixon_Professional_conduct_panel_outcome.pdf-confidence in the profession. The panel observe, “public confidence in the profession ./Mr_Robert_Nixon_Professional_conduct_panel_outcome.pdf-could be seriously weakened if conduct such as that found against Mr Nixon was not ./Mr_Robert_Nixon_Professional_conduct_panel_outcome.pdf-treated with the utmost seriousness when regulating the conduct of the profession.” ./Mr_Robert_Nixon_Professional_conduct_panel_outcome.pdf- ./Mr_Robert_Nixon_Professional_conduct_panel_outcome.pdf:I am particularly mindful of the finding of conduct of a sexual nature in this case and the ./Mr_Robert_Nixon_Professional_conduct_panel_outcome.pdf-impact that such a finding has on the reputation of the profession. ./Mr_Robert_Nixon_Professional_conduct_panel_outcome.pdf- ./Mr_Robert_Nixon_Professional_conduct_panel_outcome.pdf-I have had to consider that the public has a high expectation of professional standards of ./Mr_Robert_Nixon_Professional_conduct_panel_outcome.pdf-all teachers and that the public might regard a failure to impose a prohibition order as a ./Mr_Robert_Nixon_Professional_conduct_panel_outcome.pdf-failure to uphold those high standards. In weighing these considerations, I have had to ./Mr_Robert_Nixon_Professional_conduct_panel_outcome.pdf-consider the matter from the point of view of an “ordinary intelligent and well-informed ./Mr_Robert_Nixon_Professional_conduct_panel_outcome.pdf-citizen.” ./Mr_Robert_Nixon_Professional_conduct_panel_outcome.pdf- ./Mr_Robert_Nixon_Professional_conduct_panel_outcome.pdf-I have considered whether the publication of a finding of unacceptable professional ./Mr_Robert_Nixon_Professional_conduct_panel_outcome.pdf-conduct, in the absence of a prohibition order, can itself be regarded by such a person as -- ./Mr_Robert_Nixon_Professional_conduct_panel_outcome.pdf-profession. ./Mr_Robert_Nixon_Professional_conduct_panel_outcome.pdf- ./Mr_Robert_Nixon_Professional_conduct_panel_outcome.pdf-For these reasons, I have concluded that a prohibition order is proportionate and in the ./Mr_Robert_Nixon_Professional_conduct_panel_outcome.pdf-public interest in order to achieve the intended aims of a prohibition order. ./Mr_Robert_Nixon_Professional_conduct_panel_outcome.pdf- ./Mr_Robert_Nixon_Professional_conduct_panel_outcome.pdf-I have gone on to consider the matter of a review period. In this case, the panel has ./Mr_Robert_Nixon_Professional_conduct_panel_outcome.pdf-recommended a 2 year review period. ./Mr_Robert_Nixon_Professional_conduct_panel_outcome.pdf- ./Mr_Robert_Nixon_Professional_conduct_panel_outcome.pdf-I have considered the panel’s comments, “Whilst the panel is of the view that Mr Nixon is ./Mr_Robert_Nixon_Professional_conduct_panel_outcome.pdf-responsible for serious misconduct involving an inappropriate relationship and conduct of ./Mr_Robert_Nixon_Professional_conduct_panel_outcome.pdf:a sexual nature it does not take the view that Mr Nixon's actions amount to serious ./Mr_Robert_Nixon_Professional_conduct_panel_outcome.pdf:sexual misconduct such that this feature is satisfied. In this case, the conduct did not ./Mr_Robert_Nixon_Professional_conduct_panel_outcome.pdf-escalate beyond kissing and hugging, and took place within a limited timeframe.” The ./Mr_Robert_Nixon_Professional_conduct_panel_outcome.pdf-panel also observe, “Mr Nixon clearly understood that he had departed from acceptable ./Mr_Robert_Nixon_Professional_conduct_panel_outcome.pdf-standards. Mr Nixon has expressed comprehensive regret and remorse for his actions. ./Mr_Robert_Nixon_Professional_conduct_panel_outcome.pdf-The panel has noted that Mr Nixon refers to the agency of Pupil A in developing the ./Mr_Robert_Nixon_Professional_conduct_panel_outcome.pdf-relationship, which the panel found concerning; however in other respects Mr Nixon has ./Mr_Robert_Nixon_Professional_conduct_panel_outcome.pdf-demonstrated an ability to develop insight into his actions. Further, the conduct, whilst ./Mr_Robert_Nixon_Professional_conduct_panel_outcome.pdf-serious, could be properly characterised as a one-off episode in the context of an ./Mr_Robert_Nixon_Professional_conduct_panel_outcome.pdf-otherwise unblemished career.” ./Mr_Robert_Nixon_Professional_conduct_panel_outcome.pdf- ./Mr_Robert_Nixon_Professional_conduct_panel_outcome.pdf-The panel has also said that a 2 year review period would allow, “sufficient length of time ./Mr_Romilly_Edwin_Lewis_James_Hunt.pdf- ii. a letter/card which contained a cheque for £250. ./Mr_Romilly_Edwin_Lewis_James_Hunt.pdf- ./Mr_Romilly_Edwin_Lewis_James_Hunt.pdf- e. engaged in on one or more phone conversations with her; ./Mr_Romilly_Edwin_Lewis_James_Hunt.pdf- ./Mr_Romilly_Edwin_Lewis_James_Hunt.pdf- f. gave her one or more gifts, including, but not limited to: ./Mr_Romilly_Edwin_Lewis_James_Hunt.pdf- ./Mr_Romilly_Edwin_Lewis_James_Hunt.pdf- i. A gold coin which was your mother’s; ./Mr_Romilly_Edwin_Lewis_James_Hunt.pdf- ii. An Easter egg; ./Mr_Romilly_Edwin_Lewis_James_Hunt.pdf- iii. A box of chocolates. ./Mr_Romilly_Edwin_Lewis_James_Hunt.pdf- ./Mr_Romilly_Edwin_Lewis_James_Hunt.pdf:2. His conduct as may be found proven at allegation 1 above was sexually ./Mr_Romilly_Edwin_Lewis_James_Hunt.pdf- motivated. ./Mr_Romilly_Edwin_Lewis_James_Hunt.pdf- ./Mr_Romilly_Edwin_Lewis_James_Hunt.pdf-In the absence of unequivocal admissions from Mr Hunt, the panel determined that the ./Mr_Romilly_Edwin_Lewis_James_Hunt.pdf-allegations were denied, as was unacceptable professional conduct and/or conduct that ./Mr_Romilly_Edwin_Lewis_James_Hunt.pdf-may bring the profession into disrepute. ./Mr_Romilly_Edwin_Lewis_James_Hunt.pdf- ./Mr_Romilly_Edwin_Lewis_James_Hunt.pdf- ./Mr_Romilly_Edwin_Lewis_James_Hunt.pdf-C. Preliminary applications ./Mr_Romilly_Edwin_Lewis_James_Hunt.pdf-The panel considered an application from Mr Cullen to proceed in the absence of Mr ./Mr_Romilly_Edwin_Lewis_James_Hunt.pdf-Hunt. Mr Cullen explained that the Notice of Proceedings within the bundle had been -- ./Mr_Romilly_Edwin_Lewis_James_Hunt.pdf-Pupil A's interview, she stated that she had called Mr Hunt to wish him a happy birthday. ./Mr_Romilly_Edwin_Lewis_James_Hunt.pdf- ./Mr_Romilly_Edwin_Lewis_James_Hunt.pdf-Mr Hunt admitted that he had received the telephone call from Pupil A and assumed her ./Mr_Romilly_Edwin_Lewis_James_Hunt.pdf-mother had given Pupil A his number. Mr Hunt denied calling Pupil A on any occasion. ./Mr_Romilly_Edwin_Lewis_James_Hunt.pdf- ./Mr_Romilly_Edwin_Lewis_James_Hunt.pdf-In the panel's view, and in light of the lack of any specific evidence as to the content, a ./Mr_Romilly_Edwin_Lewis_James_Hunt.pdf-single telephone call that was made by a pupil to a teacher cannot be deemed to be ./Mr_Romilly_Edwin_Lewis_James_Hunt.pdf-inappropriate by Mr Hunt. The panel does not therefore find this allegation proved. ./Mr_Romilly_Edwin_Lewis_James_Hunt.pdf- ./Mr_Romilly_Edwin_Lewis_James_Hunt.pdf- ./Mr_Romilly_Edwin_Lewis_James_Hunt.pdf:2. Your conduct as may be found proven at allegation 1 above was sexually ./Mr_Romilly_Edwin_Lewis_James_Hunt.pdf- motivated. ./Mr_Romilly_Edwin_Lewis_James_Hunt.pdf- ./Mr_Romilly_Edwin_Lewis_James_Hunt.pdf- ./Mr_Romilly_Edwin_Lewis_James_Hunt.pdf- 9 ./Mr_Romilly_Edwin_Lewis_James_Hunt.pdf- -- ./Mr_Romilly_Edwin_Lewis_James_Hunt.pdf-Whilst the panel determined that the relationship between Mr Hunt and Pupil A had ./Mr_Romilly_Edwin_Lewis_James_Hunt.pdf-elements of inappropriateness, the panel also gave weight to the fact that the contact ./Mr_Romilly_Edwin_Lewis_James_Hunt.pdf-instigated by Mr Hunt was sporadic, over a period of two years and seemingly with the ./Mr_Romilly_Edwin_Lewis_James_Hunt.pdf-knowledge, to some extent, of Pupil A's parents. ./Mr_Romilly_Edwin_Lewis_James_Hunt.pdf- ./Mr_Romilly_Edwin_Lewis_James_Hunt.pdf-Save for possible inference, there was no evidence put forward to substantiate that Mr ./Mr_Romilly_Edwin_Lewis_James_Hunt.pdf:Hunt's conduct was sexually motivated any more than, for instance, it was just caring ./Mr_Romilly_Edwin_Lewis_James_Hunt.pdf-acts that progressed beyond professional boundaries. ./Mr_Romilly_Edwin_Lewis_James_Hunt.pdf- ./Mr_Romilly_Edwin_Lewis_James_Hunt.pdf-The panel does not therefore find this allegation proved. ./Mr_Romilly_Edwin_Lewis_James_Hunt.pdf- ./Mr_Romilly_Edwin_Lewis_James_Hunt.pdf-Findings as to unacceptable professional conduct and/or conduct that ./Mr_Romilly_Edwin_Lewis_James_Hunt.pdf-may bring the profession into disrepute ./Mr_Romilly_Edwin_Lewis_James_Hunt.pdf-Having found a number of the allegations to have been proven, the panel has gone on to ./Mr_Romilly_Edwin_Lewis_James_Hunt.pdf-consider whether the facts of those proven allegations amount to unacceptable ./Mr_Romilly_Edwin_Lewis_James_Hunt.pdf-professional conduct and/or conduct that may bring the profession into disrepute. ./Mr_Romilly_Edwin_Lewis_James_Hunt.pdf- ./Mr_Ryan_Leverton__14154_-Secretary_of_State_Decision_for_WEB.pdf-1) Formed an inappropriate relationship with Pupil A in 2010 and in particular: ./Mr_Ryan_Leverton__14154_-Secretary_of_State_Decision_for_WEB.pdf- ./Mr_Ryan_Leverton__14154_-Secretary_of_State_Decision_for_WEB.pdf- a) sent text messages and/or Facebook messages; ./Mr_Ryan_Leverton__14154_-Secretary_of_State_Decision_for_WEB.pdf- ./Mr_Ryan_Leverton__14154_-Secretary_of_State_Decision_for_WEB.pdf- b) met one-to-one with Pupil A in an office at the school and: ./Mr_Ryan_Leverton__14154_-Secretary_of_State_Decision_for_WEB.pdf- ./Mr_Ryan_Leverton__14154_-Secretary_of_State_Decision_for_WEB.pdf- i. pulled her towards him; ./Mr_Ryan_Leverton__14154_-Secretary_of_State_Decision_for_WEB.pdf- ./Mr_Ryan_Leverton__14154_-Secretary_of_State_Decision_for_WEB.pdf- ii. kissed her; ./Mr_Ryan_Leverton__14154_-Secretary_of_State_Decision_for_WEB.pdf- ./Mr_Ryan_Leverton__14154_-Secretary_of_State_Decision_for_WEB.pdf: c) had sexual intercourse with Pupil A, including: ./Mr_Ryan_Leverton__14154_-Secretary_of_State_Decision_for_WEB.pdf- ./Mr_Ryan_Leverton__14154_-Secretary_of_State_Decision_for_WEB.pdf- i. at his home in July 2010; ./Mr_Ryan_Leverton__14154_-Secretary_of_State_Decision_for_WEB.pdf- ./Mr_Ryan_Leverton__14154_-Secretary_of_State_Decision_for_WEB.pdf- ii. in a hotel on up to 3 occasions; ./Mr_Ryan_Leverton__14154_-Secretary_of_State_Decision_for_WEB.pdf- ./Mr_Ryan_Leverton__14154_-Secretary_of_State_Decision_for_WEB.pdf- iii. in his car on one or more occasions; ./Mr_Ryan_Leverton__14154_-Secretary_of_State_Decision_for_WEB.pdf- ./Mr_Ryan_Leverton__14154_-Secretary_of_State_Decision_for_WEB.pdf- iv. at her parents' house on one or more occasions. ./Mr_Ryan_Leverton__14154_-Secretary_of_State_Decision_for_WEB.pdf- ./Mr_Ryan_Leverton__14154_-Secretary_of_State_Decision_for_WEB.pdf-2) Acted inappropriately towards Physical Education ‘PE’ students including: ./Mr_Ryan_Leverton__14154_-Secretary_of_State_Decision_for_WEB.pdf- ./Mr_Ryan_Leverton__14154_-Secretary_of_State_Decision_for_WEB.pdf- a) making one or more inappropriate comments in front of one or more pupils; ./Mr_Ryan_Leverton__14154_-Secretary_of_State_Decision_for_WEB.pdf- ./Mr_Ryan_Leverton__14154_-Secretary_of_State_Decision_for_WEB.pdf: b) engaging in one or more conversations of a sexual nature with one or more ./Mr_Ryan_Leverton__14154_-Secretary_of_State_Decision_for_WEB.pdf- pupils; ./Mr_Ryan_Leverton__14154_-Secretary_of_State_Decision_for_WEB.pdf- ./Mr_Ryan_Leverton__14154_-Secretary_of_State_Decision_for_WEB.pdf- c) smacking Pupil C on the bottom. ./Mr_Ryan_Leverton__14154_-Secretary_of_State_Decision_for_WEB.pdf- ./Mr_Ryan_Leverton__14154_-Secretary_of_State_Decision_for_WEB.pdf-3) His conduct as described at (1) and/or (2) above as may be found proven was ./Mr_Ryan_Leverton__14154_-Secretary_of_State_Decision_for_WEB.pdf: sexually motivated. ./Mr_Ryan_Leverton__14154_-Secretary_of_State_Decision_for_WEB.pdf- ./Mr_Ryan_Leverton__14154_-Secretary_of_State_Decision_for_WEB.pdf-Mr Leverton did not admit the allegations. ./Mr_Ryan_Leverton__14154_-Secretary_of_State_Decision_for_WEB.pdf- ./Mr_Ryan_Leverton__14154_-Secretary_of_State_Decision_for_WEB.pdf- ./Mr_Ryan_Leverton__14154_-Secretary_of_State_Decision_for_WEB.pdf- ./Mr_Ryan_Leverton__14154_-Secretary_of_State_Decision_for_WEB.pdf- ./Mr_Ryan_Leverton__14154_-Secretary_of_State_Decision_for_WEB.pdf- 4 ./Mr_Ryan_Leverton__14154_-Secretary_of_State_Decision_for_WEB.pdf- -- ./Mr_Ryan_Leverton__14154_-Secretary_of_State_Decision_for_WEB.pdf- ./Mr_Ryan_Leverton__14154_-Secretary_of_State_Decision_for_WEB.pdf-E. Decision and reasons ./Mr_Ryan_Leverton__14154_-Secretary_of_State_Decision_for_WEB.pdf-The panel announced its decision and reasons as follows: ./Mr_Ryan_Leverton__14154_-Secretary_of_State_Decision_for_WEB.pdf- ./Mr_Ryan_Leverton__14154_-Secretary_of_State_Decision_for_WEB.pdf-The panel has carefully considered the case before it and has reached a decision. ./Mr_Ryan_Leverton__14154_-Secretary_of_State_Decision_for_WEB.pdf- ./Mr_Ryan_Leverton__14154_-Secretary_of_State_Decision_for_WEB.pdf-The panel confirms that it has read all the documents provided in the bundle in advance ./Mr_Ryan_Leverton__14154_-Secretary_of_State_Decision_for_WEB.pdf-of the hearing. ./Mr_Ryan_Leverton__14154_-Secretary_of_State_Decision_for_WEB.pdf- ./Mr_Ryan_Leverton__14154_-Secretary_of_State_Decision_for_WEB.pdf-Mr Leverton was a PE teacher at the School between 2009 and 2013. This case relates ./Mr_Ryan_Leverton__14154_-Secretary_of_State_Decision_for_WEB.pdf:to allegations that Mr Leverton conducted an inappropriate and sexual relationship with ./Mr_Ryan_Leverton__14154_-Secretary_of_State_Decision_for_WEB.pdf-Pupil A whilst he was a teacher at the School; that he made inappropriate comments to ./Mr_Ryan_Leverton__14154_-Secretary_of_State_Decision_for_WEB.pdf-pupils and on one occasion made inappropriate physical contact with Pupil C. It is ./Mr_Ryan_Leverton__14154_-Secretary_of_State_Decision_for_WEB.pdf:alleged that Mr Leverton's conduct was sexually motivated. ./Mr_Ryan_Leverton__14154_-Secretary_of_State_Decision_for_WEB.pdf- ./Mr_Ryan_Leverton__14154_-Secretary_of_State_Decision_for_WEB.pdf-Findings of fact ./Mr_Ryan_Leverton__14154_-Secretary_of_State_Decision_for_WEB.pdf-The findings of fact are as follows: ./Mr_Ryan_Leverton__14154_-Secretary_of_State_Decision_for_WEB.pdf- ./Mr_Ryan_Leverton__14154_-Secretary_of_State_Decision_for_WEB.pdf-Allegations Proven ./Mr_Ryan_Leverton__14154_-Secretary_of_State_Decision_for_WEB.pdf- ./Mr_Ryan_Leverton__14154_-Secretary_of_State_Decision_for_WEB.pdf-The panel has found the following particulars of the allegations against you proven, for ./Mr_Ryan_Leverton__14154_-Secretary_of_State_Decision_for_WEB.pdf-these reasons: ./Mr_Ryan_Leverton__14154_-Secretary_of_State_Decision_for_WEB.pdf- ./Mr_Ryan_Leverton__14154_-Secretary_of_State_Decision_for_WEB.pdf-You are guilty of unacceptable professional conduct and/or conduct that may bring -- ./Mr_Ryan_Leverton__14154_-Secretary_of_State_Decision_for_WEB.pdf-their relationship had developed, and also further details, when questioned, about the ./Mr_Ryan_Leverton__14154_-Secretary_of_State_Decision_for_WEB.pdf-layout of Mr Leverton's house when she is said to have visited. ./Mr_Ryan_Leverton__14154_-Secretary_of_State_Decision_for_WEB.pdf- ./Mr_Ryan_Leverton__14154_-Secretary_of_State_Decision_for_WEB.pdf-Pupil A was asked about her knowledge of the other pupils relevant to these allegations, ./Mr_Ryan_Leverton__14154_-Secretary_of_State_Decision_for_WEB.pdf-and the panel accepted her evidence that she had no close relationships with any of the ./Mr_Ryan_Leverton__14154_-Secretary_of_State_Decision_for_WEB.pdf-others (indeed she was in a different year group from the other pupils identified) and had ./Mr_Ryan_Leverton__14154_-Secretary_of_State_Decision_for_WEB.pdf-not discussed Mr Leverton with any of them. The panel took the view that Pupil A gave ./Mr_Ryan_Leverton__14154_-Secretary_of_State_Decision_for_WEB.pdf-compelling evidence and there was no suggestion of any collusion or fabrication. ./Mr_Ryan_Leverton__14154_-Secretary_of_State_Decision_for_WEB.pdf- ./Mr_Ryan_Leverton__14154_-Secretary_of_State_Decision_for_WEB.pdf-The panel noted from the evidence of Pupil A that her relationship with Mr Leverton ./Mr_Ryan_Leverton__14154_-Secretary_of_State_Decision_for_WEB.pdf:developed into a relationship of a sexual nature, and that this started whilst she was a ./Mr_Ryan_Leverton__14154_-Secretary_of_State_Decision_for_WEB.pdf-pupil at the School where Mr Leverton taught and was obviously inappropriate. ./Mr_Ryan_Leverton__14154_-Secretary_of_State_Decision_for_WEB.pdf- ./Mr_Ryan_Leverton__14154_-Secretary_of_State_Decision_for_WEB.pdf-Mr Leverton's case in response was a denial of the allegation. The panel were careful to ./Mr_Ryan_Leverton__14154_-Secretary_of_State_Decision_for_WEB.pdf-explore the evidence in depth with Pupil A but remained satisfied as to the veracity of her ./Mr_Ryan_Leverton__14154_-Secretary_of_State_Decision_for_WEB.pdf-evidence. ./Mr_Ryan_Leverton__14154_-Secretary_of_State_Decision_for_WEB.pdf- ./Mr_Ryan_Leverton__14154_-Secretary_of_State_Decision_for_WEB.pdf-Whilst this finding will be elaborated as per the particulars set out below, the panel was ./Mr_Ryan_Leverton__14154_-Secretary_of_State_Decision_for_WEB.pdf-thus satisfied on the balance of probabilities that Mr Leverton had conducted an ./Mr_Ryan_Leverton__14154_-Secretary_of_State_Decision_for_WEB.pdf-inappropriate relationship with Pupil A, and thus the stem of this allegation is proven. ./Mr_Ryan_Leverton__14154_-Secretary_of_State_Decision_for_WEB.pdf- -- ./Mr_Ryan_Leverton__14154_-Secretary_of_State_Decision_for_WEB.pdf- ./Mr_Ryan_Leverton__14154_-Secretary_of_State_Decision_for_WEB.pdf-Pupil A stated that she had provided Mr Leverton with her mobile telephone number (by ./Mr_Ryan_Leverton__14154_-Secretary_of_State_Decision_for_WEB.pdf-inputting her number into his mobile telephone at his request) at the school prom in July ./Mr_Ryan_Leverton__14154_-Secretary_of_State_Decision_for_WEB.pdf-2010 and was also by this time Facebook friends with Mr Leverton. Pupil A explained that ./Mr_Ryan_Leverton__14154_-Secretary_of_State_Decision_for_WEB.pdf-they did not communicate via Facebook with one another once they had each others' ./Mr_Ryan_Leverton__14154_-Secretary_of_State_Decision_for_WEB.pdf-telephone numbers. ./Mr_Ryan_Leverton__14154_-Secretary_of_State_Decision_for_WEB.pdf- ./Mr_Ryan_Leverton__14154_-Secretary_of_State_Decision_for_WEB.pdf-Pupil A explained that the text messages, of which there would sometime be 5 or 10 a ./Mr_Ryan_Leverton__14154_-Secretary_of_State_Decision_for_WEB.pdf-day, were of a flirtatious nature, and that Mr Leverton would say that he missed her, or ./Mr_Ryan_Leverton__14154_-Secretary_of_State_Decision_for_WEB.pdf-tell her that she was beautiful. Pupil A was clear that the messages were not overtly ./Mr_Ryan_Leverton__14154_-Secretary_of_State_Decision_for_WEB.pdf:sexual in nature. ./Mr_Ryan_Leverton__14154_-Secretary_of_State_Decision_for_WEB.pdf- ./Mr_Ryan_Leverton__14154_-Secretary_of_State_Decision_for_WEB.pdf-The panel did not have the benefit of seeing any text messages. However the panel ./Mr_Ryan_Leverton__14154_-Secretary_of_State_Decision_for_WEB.pdf-accepted the evidence of Pupil A and was satisfied on the balance of probabilities that ./Mr_Ryan_Leverton__14154_-Secretary_of_State_Decision_for_WEB.pdf:the text messages were sent by Mr Leverton with the intention of developing the sexual ./Mr_Ryan_Leverton__14154_-Secretary_of_State_Decision_for_WEB.pdf-relationship he had with Pupil A, and were elements of the inappropriate relationship. ./Mr_Ryan_Leverton__14154_-Secretary_of_State_Decision_for_WEB.pdf-For example, Mr Leverton complimented Pupil A on her appearance, expressed emotion ./Mr_Ryan_Leverton__14154_-Secretary_of_State_Decision_for_WEB.pdf-about their relationship and, furthermore, the messages were with the purpose of ./Mr_Ryan_Leverton__14154_-Secretary_of_State_Decision_for_WEB.pdf-arranging meetings. The panel is satisfied on the balance of probabilities that this ./Mr_Ryan_Leverton__14154_-Secretary_of_State_Decision_for_WEB.pdf-allegation is found proven. ./Mr_Ryan_Leverton__14154_-Secretary_of_State_Decision_for_WEB.pdf- ./Mr_Ryan_Leverton__14154_-Secretary_of_State_Decision_for_WEB.pdf- ./Mr_Ryan_Leverton__14154_-Secretary_of_State_Decision_for_WEB.pdf- ./Mr_Ryan_Leverton__14154_-Secretary_of_State_Decision_for_WEB.pdf- ./Mr_Ryan_Leverton__14154_-Secretary_of_State_Decision_for_WEB.pdf- 7 -- ./Mr_Ryan_Leverton__14154_-Secretary_of_State_Decision_for_WEB.pdf-inappropriate relationship Mr Leverton had initiated with Pupil A. ./Mr_Ryan_Leverton__14154_-Secretary_of_State_Decision_for_WEB.pdf- ./Mr_Ryan_Leverton__14154_-Secretary_of_State_Decision_for_WEB.pdf-The panel is thus satisfied on the balance of probabilities that this allegation is proven. ./Mr_Ryan_Leverton__14154_-Secretary_of_State_Decision_for_WEB.pdf- ./Mr_Ryan_Leverton__14154_-Secretary_of_State_Decision_for_WEB.pdf- ii. kissed her; ./Mr_Ryan_Leverton__14154_-Secretary_of_State_Decision_for_WEB.pdf- ./Mr_Ryan_Leverton__14154_-Secretary_of_State_Decision_for_WEB.pdf-For the reasons set out above, the panel is thus satisfied on the balance of probabilities ./Mr_Ryan_Leverton__14154_-Secretary_of_State_Decision_for_WEB.pdf-that this allegation is found proven: that Mr Leverton kissed Pupil A and that this formed ./Mr_Ryan_Leverton__14154_-Secretary_of_State_Decision_for_WEB.pdf-part of his inappropriate relationship with her. ./Mr_Ryan_Leverton__14154_-Secretary_of_State_Decision_for_WEB.pdf- ./Mr_Ryan_Leverton__14154_-Secretary_of_State_Decision_for_WEB.pdf: c) had sexual intercourse with Pupil A, including: ./Mr_Ryan_Leverton__14154_-Secretary_of_State_Decision_for_WEB.pdf- ./Mr_Ryan_Leverton__14154_-Secretary_of_State_Decision_for_WEB.pdf- i. at your home in July 2010; ./Mr_Ryan_Leverton__14154_-Secretary_of_State_Decision_for_WEB.pdf- ./Mr_Ryan_Leverton__14154_-Secretary_of_State_Decision_for_WEB.pdf-Pupil A gave a clear and detailed account of how Mr Leverton had informed her in ./Mr_Ryan_Leverton__14154_-Secretary_of_State_Decision_for_WEB.pdf-advance that she could visit his house on a weekend unknown in July 2010 as he ./Mr_Ryan_Leverton__14154_-Secretary_of_State_Decision_for_WEB.pdf-believed the house would be empty. ./Mr_Ryan_Leverton__14154_-Secretary_of_State_Decision_for_WEB.pdf- ./Mr_Ryan_Leverton__14154_-Secretary_of_State_Decision_for_WEB.pdf- ./Mr_Ryan_Leverton__14154_-Secretary_of_State_Decision_for_WEB.pdf- 8 ./Mr_Ryan_Leverton__14154_-Secretary_of_State_Decision_for_WEB.pdf- -- ./Mr_Ryan_Leverton__14154_-Secretary_of_State_Decision_for_WEB.pdf-would not have been possible as described because his house would have been ./Mr_Ryan_Leverton__14154_-Secretary_of_State_Decision_for_WEB.pdf-occupied by lodgers at the time. ./Mr_Ryan_Leverton__14154_-Secretary_of_State_Decision_for_WEB.pdf- ./Mr_Ryan_Leverton__14154_-Secretary_of_State_Decision_for_WEB.pdf-Pupil A stated that he picked her up in Taunton and took her to his house, leaving her in ./Mr_Ryan_Leverton__14154_-Secretary_of_State_Decision_for_WEB.pdf-the car first to check that his house was empty, and upon noting that the house was ./Mr_Ryan_Leverton__14154_-Secretary_of_State_Decision_for_WEB.pdf-indeed unoccupied, brought her in. As mentioned above, Pupil A gave a detailed account ./Mr_Ryan_Leverton__14154_-Secretary_of_State_Decision_for_WEB.pdf-of the layout and design of the house, and their activities during the evening, which ./Mr_Ryan_Leverton__14154_-Secretary_of_State_Decision_for_WEB.pdf-included watching a film. Mr Leverton presented no explanation for this account, and the ./Mr_Ryan_Leverton__14154_-Secretary_of_State_Decision_for_WEB.pdf-panel preferred the evidence of Pupil A. ./Mr_Ryan_Leverton__14154_-Secretary_of_State_Decision_for_WEB.pdf- ./Mr_Ryan_Leverton__14154_-Secretary_of_State_Decision_for_WEB.pdf:Pupil A also stated that during the evening they had sexual intercourse. The panel is thus ./Mr_Ryan_Leverton__14154_-Secretary_of_State_Decision_for_WEB.pdf-satisfied on the balance of probabilities that this allegation is proven. ./Mr_Ryan_Leverton__14154_-Secretary_of_State_Decision_for_WEB.pdf- ./Mr_Ryan_Leverton__14154_-Secretary_of_State_Decision_for_WEB.pdf- ii. in a hotel on up to 3 occasions; ./Mr_Ryan_Leverton__14154_-Secretary_of_State_Decision_for_WEB.pdf- ./Mr_Ryan_Leverton__14154_-Secretary_of_State_Decision_for_WEB.pdf-Pupil A gave a clear and detailed account of how Mr Leverton took her to at least two ./Mr_Ryan_Leverton__14154_-Secretary_of_State_Decision_for_WEB.pdf-hotels in the Taunton area, and described how on each occasion she would enter the ./Mr_Ryan_Leverton__14154_-Secretary_of_State_Decision_for_WEB.pdf-hotel only after Mr Leverton had checked in and informed her which room he had ./Mr_Ryan_Leverton__14154_-Secretary_of_State_Decision_for_WEB.pdf-booked. Whilst the panel was satisfied with this evidence, there was also a written ./Mr_Ryan_Leverton__14154_-Secretary_of_State_Decision_for_WEB.pdf-statement in the bundle from an employee of one of the hotels who confirmed that Mr ./Mr_Ryan_Leverton__14154_-Secretary_of_State_Decision_for_WEB.pdf-Leverton had indeed stayed at the hotel on one occasion and booked without an advance ./Mr_Ryan_Leverton__14154_-Secretary_of_State_Decision_for_WEB.pdf-reservation on 24 August 2010. ./Mr_Ryan_Leverton__14154_-Secretary_of_State_Decision_for_WEB.pdf- ./Mr_Ryan_Leverton__14154_-Secretary_of_State_Decision_for_WEB.pdf:Pupil A stated that on each occasion they stayed overnight at the hotels they had sexual ./Mr_Ryan_Leverton__14154_-Secretary_of_State_Decision_for_WEB.pdf-intercourse. The panel is thus satisfied on the balance of probabilities that this allegation ./Mr_Ryan_Leverton__14154_-Secretary_of_State_Decision_for_WEB.pdf-is found proven. ./Mr_Ryan_Leverton__14154_-Secretary_of_State_Decision_for_WEB.pdf- ./Mr_Ryan_Leverton__14154_-Secretary_of_State_Decision_for_WEB.pdf- iii. in your car on one or more occasions; ./Mr_Ryan_Leverton__14154_-Secretary_of_State_Decision_for_WEB.pdf- ./Mr_Ryan_Leverton__14154_-Secretary_of_State_Decision_for_WEB.pdf-Pupil A gave a clear account of how Mr Leverton had arranged to meet her. Pupil A ./Mr_Ryan_Leverton__14154_-Secretary_of_State_Decision_for_WEB.pdf:described how they had met in a layby in neighbouring county, and had sexual ./Mr_Ryan_Leverton__14154_-Secretary_of_State_Decision_for_WEB.pdf-intercourse in Mr Leverton's car. Pupil A was able to provide details about Mr Leverton's ./Mr_Ryan_Leverton__14154_-Secretary_of_State_Decision_for_WEB.pdf-car, its make, colour and registration. Whilst Mr Leverton denies this allegation, the panel ./Mr_Ryan_Leverton__14154_-Secretary_of_State_Decision_for_WEB.pdf-prefers the evidence of Pupil A. The panel is thus satisfied on the balance of probabilities ./Mr_Ryan_Leverton__14154_-Secretary_of_State_Decision_for_WEB.pdf-that this allegation is found proven on the basis of this incident. ./Mr_Ryan_Leverton__14154_-Secretary_of_State_Decision_for_WEB.pdf- ./Mr_Ryan_Leverton__14154_-Secretary_of_State_Decision_for_WEB.pdf- iv. at her parents' house on one or more occasions. ./Mr_Ryan_Leverton__14154_-Secretary_of_State_Decision_for_WEB.pdf- ./Mr_Ryan_Leverton__14154_-Secretary_of_State_Decision_for_WEB.pdf-Pupil A gave a clear account of how Mr Leverton had arranged to attend her parents' ./Mr_Ryan_Leverton__14154_-Secretary_of_State_Decision_for_WEB.pdf:home. Pupil A gave a mature and credible account of the sexual intercourse they had ./Mr_Ryan_Leverton__14154_-Secretary_of_State_Decision_for_WEB.pdf-had at her parents' house. Whilst Mr Leverton denies this allegation, the panel prefers the ./Mr_Ryan_Leverton__14154_-Secretary_of_State_Decision_for_WEB.pdf-evidence of Pupil A. The panel is thus satisfied on the balance of probabilities that this ./Mr_Ryan_Leverton__14154_-Secretary_of_State_Decision_for_WEB.pdf-allegation is found proven on the basis of at least one occasion. ./Mr_Ryan_Leverton__14154_-Secretary_of_State_Decision_for_WEB.pdf- ./Mr_Ryan_Leverton__14154_-Secretary_of_State_Decision_for_WEB.pdf-2. Acted inappropriately towards PE students including: ./Mr_Ryan_Leverton__14154_-Secretary_of_State_Decision_for_WEB.pdf- ./Mr_Ryan_Leverton__14154_-Secretary_of_State_Decision_for_WEB.pdf- ./Mr_Ryan_Leverton__14154_-Secretary_of_State_Decision_for_WEB.pdf- 9 ./Mr_Ryan_Leverton__14154_-Secretary_of_State_Decision_for_WEB.pdf- -- ./Mr_Ryan_Leverton__14154_-Secretary_of_State_Decision_for_WEB.pdf- ./Mr_Ryan_Leverton__14154_-Secretary_of_State_Decision_for_WEB.pdf-The first related to a PE lesson in the gym area when she was with Pupil C, with whom ./Mr_Ryan_Leverton__14154_-Secretary_of_State_Decision_for_WEB.pdf-she was friends. Pupil D stated that neither she nor Pupil C enjoyed PE and, as such, ./Mr_Ryan_Leverton__14154_-Secretary_of_State_Decision_for_WEB.pdf-were not participating in the lesson, instead lying in the corner of the fitness gym on mats ./Mr_Ryan_Leverton__14154_-Secretary_of_State_Decision_for_WEB.pdf-having a social conversation. ./Mr_Ryan_Leverton__14154_-Secretary_of_State_Decision_for_WEB.pdf- ./Mr_Ryan_Leverton__14154_-Secretary_of_State_Decision_for_WEB.pdf-Pupil D gave clear evidence that Mr Leverton approached the two of them and asked ./Mr_Ryan_Leverton__14154_-Secretary_of_State_Decision_for_WEB.pdf-them why they were lying there, before going on to ask both girls whether they were ./Mr_Ryan_Leverton__14154_-Secretary_of_State_Decision_for_WEB.pdf-waiting for him to 'lie on top of them'. The girls were surprised by this, and Pupil D stated ./Mr_Ryan_Leverton__14154_-Secretary_of_State_Decision_for_WEB.pdf-that Mr Leverton repeated his rhetorical question before winking and looking at them in a ./Mr_Ryan_Leverton__14154_-Secretary_of_State_Decision_for_WEB.pdf:way which Pupil D regarded as sexual in nature. ./Mr_Ryan_Leverton__14154_-Secretary_of_State_Decision_for_WEB.pdf- ./Mr_Ryan_Leverton__14154_-Secretary_of_State_Decision_for_WEB.pdf-Pupil C gave a written statement of these events which is at slight variance to the ./Mr_Ryan_Leverton__14154_-Secretary_of_State_Decision_for_WEB.pdf-account given by Pupil D in that she states that Mr Leverton asked them whether they ./Mr_Ryan_Leverton__14154_-Secretary_of_State_Decision_for_WEB.pdf-were waiting for someone to come and lie on top of them (as opposed to 'him'). ./Mr_Ryan_Leverton__14154_-Secretary_of_State_Decision_for_WEB.pdf- ./Mr_Ryan_Leverton__14154_-Secretary_of_State_Decision_for_WEB.pdf-The panel did not have the benefit of oral evidence from Pupil C to explore this ./Mr_Ryan_Leverton__14154_-Secretary_of_State_Decision_for_WEB.pdf-discrepancy. However, the evidence of Pupil D on this was compelling. When questioned ./Mr_Ryan_Leverton__14154_-Secretary_of_State_Decision_for_WEB.pdf-on this point by the panel, Pupil D was adamant in her recollection of his precise ./Mr_Ryan_Leverton__14154_-Secretary_of_State_Decision_for_WEB.pdf-language, and the panel is therefore satisfied with her account and prefers her evidence ./Mr_Ryan_Leverton__14154_-Secretary_of_State_Decision_for_WEB.pdf-to that of Pupil C. -- ./Mr_Ryan_Leverton__14154_-Secretary_of_State_Decision_for_WEB.pdf- ./Mr_Ryan_Leverton__14154_-Secretary_of_State_Decision_for_WEB.pdf-Incident three ./Mr_Ryan_Leverton__14154_-Secretary_of_State_Decision_for_WEB.pdf- ./Mr_Ryan_Leverton__14154_-Secretary_of_State_Decision_for_WEB.pdf-The third incident is alleged to have occurred some three weeks after Pupil D had started ./Mr_Ryan_Leverton__14154_-Secretary_of_State_Decision_for_WEB.pdf-at college and when she returned to the school. Pupil D gave evidence that Mr Leverton ./Mr_Ryan_Leverton__14154_-Secretary_of_State_Decision_for_WEB.pdf-greeted her and told her that she 'looked really good'. Pupil D stated that when she ./Mr_Ryan_Leverton__14154_-Secretary_of_State_Decision_for_WEB.pdf-expressed surprise at this comment, Mr Leverton clarified that he did not mean this in a ./Mr_Ryan_Leverton__14154_-Secretary_of_State_Decision_for_WEB.pdf-weird way but had meant that her 'body looked like it was in good shape'. ./Mr_Ryan_Leverton__14154_-Secretary_of_State_Decision_for_WEB.pdf- ./Mr_Ryan_Leverton__14154_-Secretary_of_State_Decision_for_WEB.pdf-Pupil D stated that these remarks made her feel uncomfortable and she thought that the ./Mr_Ryan_Leverton__14154_-Secretary_of_State_Decision_for_WEB.pdf:comments were "weird" and she perceived them as sexual. Pupil D stated that she ./Mr_Ryan_Leverton__14154_-Secretary_of_State_Decision_for_WEB.pdf-regarded both the remarks and the subsequent qualification by Mr Leverton as strange ./Mr_Ryan_Leverton__14154_-Secretary_of_State_Decision_for_WEB.pdf-things to say. The panel found the evidence of Pupil D to be detailed and cogent and is ./Mr_Ryan_Leverton__14154_-Secretary_of_State_Decision_for_WEB.pdf-satisfied that this incident occurred on the balance of probabilities, and that it was ./Mr_Ryan_Leverton__14154_-Secretary_of_State_Decision_for_WEB.pdf-inappropriate. ./Mr_Ryan_Leverton__14154_-Secretary_of_State_Decision_for_WEB.pdf- ./Mr_Ryan_Leverton__14154_-Secretary_of_State_Decision_for_WEB.pdf-The panel is satisfied on the balance of probabilities that each of the three incidents ./Mr_Ryan_Leverton__14154_-Secretary_of_State_Decision_for_WEB.pdf-outlined above occurred, and that Mr Leverton's behaviour amounted to inappropriate ./Mr_Ryan_Leverton__14154_-Secretary_of_State_Decision_for_WEB.pdf-conduct. The panel finds allegation 2. a. proven on this basis, namely the three incidents ./Mr_Ryan_Leverton__14154_-Secretary_of_State_Decision_for_WEB.pdf-as outlined above. ./Mr_Ryan_Leverton__14154_-Secretary_of_State_Decision_for_WEB.pdf- ./Mr_Ryan_Leverton__14154_-Secretary_of_State_Decision_for_WEB.pdf-3. Your conduct as described at 1. and/or 2. above as may be found proven ./Mr_Ryan_Leverton__14154_-Secretary_of_State_Decision_for_WEB.pdf: was sexually motivated. ./Mr_Ryan_Leverton__14154_-Secretary_of_State_Decision_for_WEB.pdf- ./Mr_Ryan_Leverton__14154_-Secretary_of_State_Decision_for_WEB.pdf-The panel has gone on to consider whether those particulars and elements of allegations ./Mr_Ryan_Leverton__14154_-Secretary_of_State_Decision_for_WEB.pdf:1. and 2. found proven amount to sexually motivated conduct. The panel has received ./Mr_Ryan_Leverton__14154_-Secretary_of_State_Decision_for_WEB.pdf-legal advice in relation to how to approach the issue as to whether conduct can be ./Mr_Ryan_Leverton__14154_-Secretary_of_State_Decision_for_WEB.pdf:described as sexually motivated and has accepted that advice. ./Mr_Ryan_Leverton__14154_-Secretary_of_State_Decision_for_WEB.pdf- ./Mr_Ryan_Leverton__14154_-Secretary_of_State_Decision_for_WEB.pdf-The panel has assessed in detail the circumstances in which the conduct took place to ./Mr_Ryan_Leverton__14154_-Secretary_of_State_Decision_for_WEB.pdf:consider whether, on the balance of probabilities, a sexual motivation can be inferred. ./Mr_Ryan_Leverton__14154_-Secretary_of_State_Decision_for_WEB.pdf-The panel has considered the objective nature and meaning of any comments made, ./Mr_Ryan_Leverton__14154_-Secretary_of_State_Decision_for_WEB.pdf-how any comments or actions were perceived by those involved and whether there was ./Mr_Ryan_Leverton__14154_-Secretary_of_State_Decision_for_WEB.pdf-any evidence from which one could reasonably infer that Mr Leverton's actions were ./Mr_Ryan_Leverton__14154_-Secretary_of_State_Decision_for_WEB.pdf:motivated by an intention to obtain sexual gratification. ./Mr_Ryan_Leverton__14154_-Secretary_of_State_Decision_for_WEB.pdf- ./Mr_Ryan_Leverton__14154_-Secretary_of_State_Decision_for_WEB.pdf-In relation to allegation 1., the panel is satisfied on the balance of probabilities that the ./Mr_Ryan_Leverton__14154_-Secretary_of_State_Decision_for_WEB.pdf:conduct described at each particular can be regarded as sexually motivated. The text ./Mr_Ryan_Leverton__14154_-Secretary_of_State_Decision_for_WEB.pdf:messages sent (allegation 1.a.) were not sexual in nature but they were clearly motivated ./Mr_Ryan_Leverton__14154_-Secretary_of_State_Decision_for_WEB.pdf:by a desire to develop a sexual relationship and were thus sexually motivated. The pre- ./Mr_Ryan_Leverton__14154_-Secretary_of_State_Decision_for_WEB.pdf:arranged meeting and kiss (allegation 1.a.) and the subsequent acts of sexual ./Mr_Ryan_Leverton__14154_-Secretary_of_State_Decision_for_WEB.pdf:intercourse (allegations 1. c. and d.) were all clearly sexual in nature and the actions of ./Mr_Ryan_Leverton__14154_-Secretary_of_State_Decision_for_WEB.pdf:Mr Leverton in each respect can be described as sexually motivated. ./Mr_Ryan_Leverton__14154_-Secretary_of_State_Decision_for_WEB.pdf- ./Mr_Ryan_Leverton__14154_-Secretary_of_State_Decision_for_WEB.pdf- 11 ./Mr_Ryan_Leverton__14154_-Secretary_of_State_Decision_for_WEB.pdf- -- ./Mr_Ryan_Leverton__14154_-Secretary_of_State_Decision_for_WEB.pdf-In relation to allegation 2. a., the panel has considered each of the three incidents in turn. ./Mr_Ryan_Leverton__14154_-Secretary_of_State_Decision_for_WEB.pdf-In relation to incident one, the comments made by Mr Leverton clearly presented an ./Mr_Ryan_Leverton__14154_-Secretary_of_State_Decision_for_WEB.pdf-image to the pupils of him in an intimate physical position with the pupils. Pupil D also ./Mr_Ryan_Leverton__14154_-Secretary_of_State_Decision_for_WEB.pdf:regarded the comments of Mr Leverton as sexual in nature. The panel is satisfied on the ./Mr_Ryan_Leverton__14154_-Secretary_of_State_Decision_for_WEB.pdf-balance of probabilities that the conduct described as incident one can be regarded as ./Mr_Ryan_Leverton__14154_-Secretary_of_State_Decision_for_WEB.pdf:sexually motivated. ./Mr_Ryan_Leverton__14154_-Secretary_of_State_Decision_for_WEB.pdf- ./Mr_Ryan_Leverton__14154_-Secretary_of_State_Decision_for_WEB.pdf-In relation to incident two, the panel notes that the comments made to Pupil F objectified ./Mr_Ryan_Leverton__14154_-Secretary_of_State_Decision_for_WEB.pdf:her and referred to parts of her body in a manner which could be interpreted as sexual. ./Mr_Ryan_Leverton__14154_-Secretary_of_State_Decision_for_WEB.pdf-Given the context of a school trip where Pupil F was sat on a bus, there was no objective ./Mr_Ryan_Leverton__14154_-Secretary_of_State_Decision_for_WEB.pdf-justification for the comments and they were clearly inappropriate. However, there is no ./Mr_Ryan_Leverton__14154_-Secretary_of_State_Decision_for_WEB.pdf-evidence of how Pupil F reacted to these comments, and indeed Pupil F did not give ./Mr_Ryan_Leverton__14154_-Secretary_of_State_Decision_for_WEB.pdf-evidence in these proceedings. Whilst the panel regards the comments as inappropriate ./Mr_Ryan_Leverton__14154_-Secretary_of_State_Decision_for_WEB.pdf-it is not satisfied on the balance of probabilities that the conduct described as incident ./Mr_Ryan_Leverton__14154_-Secretary_of_State_Decision_for_WEB.pdf:two can be regarded as sexually motivated. ./Mr_Ryan_Leverton__14154_-Secretary_of_State_Decision_for_WEB.pdf- ./Mr_Ryan_Leverton__14154_-Secretary_of_State_Decision_for_WEB.pdf-In relation to incident three, the comments made to Pupil D objectified her and made ./Mr_Ryan_Leverton__14154_-Secretary_of_State_Decision_for_WEB.pdf:reference to her in a manner which could be described a sexualised. Given the context of ./Mr_Ryan_Leverton__14154_-Secretary_of_State_Decision_for_WEB.pdf-Pupil D returning to the School for a visit, there was no justification for Mr Leverton ./Mr_Ryan_Leverton__14154_-Secretary_of_State_Decision_for_WEB.pdf-choosing to make such comments. The panel notes that Pupil D regarded the comments ./Mr_Ryan_Leverton__14154_-Secretary_of_State_Decision_for_WEB.pdf:as sexualised in nature and accepts her evidence. However, the panel also notes that the ./Mr_Ryan_Leverton__14154_-Secretary_of_State_Decision_for_WEB.pdf-comments represented an isolated exchange, and there was no conduct by Mr Leverton ./Mr_Ryan_Leverton__14154_-Secretary_of_State_Decision_for_WEB.pdf:prior to, or following, this exchange from which one could infer a sexual motivation. ./Mr_Ryan_Leverton__14154_-Secretary_of_State_Decision_for_WEB.pdf-However, whilst the panel regards the comments as inappropriate, it is not satisfied on ./Mr_Ryan_Leverton__14154_-Secretary_of_State_Decision_for_WEB.pdf-the balance of probabilities that the conduct described as incident three can be regarded ./Mr_Ryan_Leverton__14154_-Secretary_of_State_Decision_for_WEB.pdf:as sexually motivated. ./Mr_Ryan_Leverton__14154_-Secretary_of_State_Decision_for_WEB.pdf- ./Mr_Ryan_Leverton__14154_-Secretary_of_State_Decision_for_WEB.pdf-Allegations Not Proven ./Mr_Ryan_Leverton__14154_-Secretary_of_State_Decision_for_WEB.pdf- ./Mr_Ryan_Leverton__14154_-Secretary_of_State_Decision_for_WEB.pdf-The panel has found the following particulars of the allegations against you not proven, ./Mr_Ryan_Leverton__14154_-Secretary_of_State_Decision_for_WEB.pdf-for these reasons: ./Mr_Ryan_Leverton__14154_-Secretary_of_State_Decision_for_WEB.pdf- ./Mr_Ryan_Leverton__14154_-Secretary_of_State_Decision_for_WEB.pdf-2. Acted inappropriately towards PE students including: ./Mr_Ryan_Leverton__14154_-Secretary_of_State_Decision_for_WEB.pdf- ./Mr_Ryan_Leverton__14154_-Secretary_of_State_Decision_for_WEB.pdf: b. engaging in one or more conversations of a sexual nature with one or ./Mr_Ryan_Leverton__14154_-Secretary_of_State_Decision_for_WEB.pdf- more pupils; ./Mr_Ryan_Leverton__14154_-Secretary_of_State_Decision_for_WEB.pdf- ./Mr_Ryan_Leverton__14154_-Secretary_of_State_Decision_for_WEB.pdf-Whilst the panel has found that Mr Leverton has made inappropriate comments to pupils ./Mr_Ryan_Leverton__14154_-Secretary_of_State_Decision_for_WEB.pdf-on three occasions (allegation 2.a.), the panel was presented with no specific evidence of ./Mr_Ryan_Leverton__14154_-Secretary_of_State_Decision_for_WEB.pdf:any conversations of a sexual nature between Mr Leverton and PE students or pupils ./Mr_Ryan_Leverton__14154_-Secretary_of_State_Decision_for_WEB.pdf-generally. The panel therefore finds this allegation not proven. ./Mr_Ryan_Leverton__14154_-Secretary_of_State_Decision_for_WEB.pdf- ./Mr_Ryan_Leverton__14154_-Secretary_of_State_Decision_for_WEB.pdf- c. smacking Pupil C on the bottom. ./Mr_Ryan_Leverton__14154_-Secretary_of_State_Decision_for_WEB.pdf- ./Mr_Ryan_Leverton__14154_-Secretary_of_State_Decision_for_WEB.pdf-The panel heard no oral evidence from Pupil C, but instead received a written statement. ./Mr_Ryan_Leverton__14154_-Secretary_of_State_Decision_for_WEB.pdf-The panel received evidence that Pupil C had disciplinary issues, and indeed Mr ./Mr_Ryan_Leverton__14154_-Secretary_of_State_Decision_for_WEB.pdf- ./Mr_Ryan_Leverton__14154_-Secretary_of_State_Decision_for_WEB.pdf- ./Mr_Ryan_Leverton__14154_-Secretary_of_State_Decision_for_WEB.pdf- 12 ./Mr_Ryan_Leverton__14154_-Secretary_of_State_Decision_for_WEB.pdf- -- ./Mr_Ryan_Leverton__14154_-Secretary_of_State_Decision_for_WEB.pdf-Leverton referred to this issue in his response. The panel noted that in the absence of ./Mr_Ryan_Leverton__14154_-Secretary_of_State_Decision_for_WEB.pdf-oral evidence from Pupil C it was unable to test the written account she had provided. ./Mr_Ryan_Leverton__14154_-Secretary_of_State_Decision_for_WEB.pdf-The panel was therefore not satisfied that this allegation was proven. ./Mr_Ryan_Leverton__14154_-Secretary_of_State_Decision_for_WEB.pdf- ./Mr_Ryan_Leverton__14154_-Secretary_of_State_Decision_for_WEB.pdf-3. Your conduct as described at 1. and/or 2. above as may be found proven ./Mr_Ryan_Leverton__14154_-Secretary_of_State_Decision_for_WEB.pdf: was sexually motivated. ./Mr_Ryan_Leverton__14154_-Secretary_of_State_Decision_for_WEB.pdf- ./Mr_Ryan_Leverton__14154_-Secretary_of_State_Decision_for_WEB.pdf-For the reasons set out above, the panel does not find allegations 2. b. or 2. c. proven and ./Mr_Ryan_Leverton__14154_-Secretary_of_State_Decision_for_WEB.pdf-thus allegation 3. does not fall to be considered with reference to those allegations. ./Mr_Ryan_Leverton__14154_-Secretary_of_State_Decision_for_WEB.pdf- ./Mr_Ryan_Leverton__14154_-Secretary_of_State_Decision_for_WEB.pdf-For the reasons set out above, the panel does not regard incidents two and three of ./Mr_Ryan_Leverton__14154_-Secretary_of_State_Decision_for_WEB.pdf:allegation 2. a. as sexually motivated and finds allegation 3. not proven to that extent. ./Mr_Ryan_Leverton__14154_-Secretary_of_State_Decision_for_WEB.pdf- ./Mr_Ryan_Leverton__14154_-Secretary_of_State_Decision_for_WEB.pdf-Findings as to unacceptable professional conduct and/or conduct that ./Mr_Ryan_Leverton__14154_-Secretary_of_State_Decision_for_WEB.pdf-may bring the profession into disrepute ./Mr_Ryan_Leverton__14154_-Secretary_of_State_Decision_for_WEB.pdf-Having found a number of the allegations to have been proven, the panel has gone on to ./Mr_Ryan_Leverton__14154_-Secretary_of_State_Decision_for_WEB.pdf-consider whether the facts of those proven allegations amount to unacceptable ./Mr_Ryan_Leverton__14154_-Secretary_of_State_Decision_for_WEB.pdf-professional conduct and/or conduct that may bring the profession into disrepute. ./Mr_Ryan_Leverton__14154_-Secretary_of_State_Decision_for_WEB.pdf- ./Mr_Ryan_Leverton__14154_-Secretary_of_State_Decision_for_WEB.pdf-In doing so, the panel has had regard to the document Teacher misconduct: The ./Mr_Ryan_Leverton__14154_-Secretary_of_State_Decision_for_WEB.pdf-prohibition of teachers, which the panel refers to as “the Advice”. ./Mr_Ryan_Leverton__14154_-Secretary_of_State_Decision_for_WEB.pdf- -- ./Mr_Ryan_Leverton__14154_-Secretary_of_State_Decision_for_WEB.pdf-The panel has considered allegation 1. the panel has found that Mr Leverton commenced ./Mr_Ryan_Leverton__14154_-Secretary_of_State_Decision_for_WEB.pdf:a sexual relationship with Pupil A whilst she was still a pupil of his. The panel notes that ./Mr_Ryan_Leverton__14154_-Secretary_of_State_Decision_for_WEB.pdf-at the point when the relationship started, whilst Pupil A was on study leave, the panel ./Mr_Ryan_Leverton__14154_-Secretary_of_State_Decision_for_WEB.pdf-would still regard her, for the purposes of these professional conduct proceedings, as a ./Mr_Ryan_Leverton__14154_-Secretary_of_State_Decision_for_WEB.pdf-pupil at the School where Mr Leverton taught (allegations 1. a., 1.b. 1. c. i. and ii.) ./Mr_Ryan_Leverton__14154_-Secretary_of_State_Decision_for_WEB.pdf- ./Mr_Ryan_Leverton__14154_-Secretary_of_State_Decision_for_WEB.pdf:Initiating and engaging in a sexual relationship with a pupil within an education setting is ./Mr_Ryan_Leverton__14154_-Secretary_of_State_Decision_for_WEB.pdf-a fundamental departure from appropriate standards (allegations 1. a., 1.b.) The panel is ./Mr_Ryan_Leverton__14154_-Secretary_of_State_Decision_for_WEB.pdf-satisfied that the conduct at allegations 1. a., 1.b., and 1. c., and ii., amounts to ./Mr_Ryan_Leverton__14154_-Secretary_of_State_Decision_for_WEB.pdf-unacceptable professional conduct. ./Mr_Ryan_Leverton__14154_-Secretary_of_State_Decision_for_WEB.pdf- ./Mr_Ryan_Leverton__14154_-Secretary_of_State_Decision_for_WEB.pdf-The panel notes that allegations 1. c.,iii., and iv. took place outside of the education ./Mr_Ryan_Leverton__14154_-Secretary_of_State_Decision_for_WEB.pdf-setting. However, this conduct involved a pupil whom Mr Leverton had taught and with ./Mr_Ryan_Leverton__14154_-Secretary_of_State_Decision_for_WEB.pdf:whom he had conducted an inappropriate sexual relationship within an education setting ./Mr_Ryan_Leverton__14154_-Secretary_of_State_Decision_for_WEB.pdf-to include kissing the pupil on school premises. ./Mr_Ryan_Leverton__14154_-Secretary_of_State_Decision_for_WEB.pdf- ./Mr_Ryan_Leverton__14154_-Secretary_of_State_Decision_for_WEB.pdf-The actions at allegations 1. c., iii. and iv., whilst outside of an education setting, were ./Mr_Ryan_Leverton__14154_-Secretary_of_State_Decision_for_WEB.pdf-proximate in time to the other events in the particulars of allegations 1., and occurred ./Mr_Ryan_Leverton__14154_-Secretary_of_State_Decision_for_WEB.pdf-within weeks of Pupil A leaving the school at which Mr Leverton taught. This conduct ./Mr_Ryan_Leverton__14154_-Secretary_of_State_Decision_for_WEB.pdf-clearly affects the way Mr Leverton fulfils his teaching role and could lead to pupils being ./Mr_Ryan_Leverton__14154_-Secretary_of_State_Decision_for_WEB.pdf-exposed to or influenced by his behaviour in a harmful way. The panel is satisfied that ./Mr_Ryan_Leverton__14154_-Secretary_of_State_Decision_for_WEB.pdf-the conduct at allegation 1. c., ii., iii. and iv. amounts to unacceptable professional ./Mr_Ryan_Leverton__14154_-Secretary_of_State_Decision_for_WEB.pdf-conduct. ./Mr_Ryan_Leverton__14154_-Secretary_of_State_Decision_for_WEB.pdf- -- ./Mr_Ryan_Leverton__14154_-Secretary_of_State_Decision_for_WEB.pdf-community. The panel has taken account of the uniquely influential role that teachers can ./Mr_Ryan_Leverton__14154_-Secretary_of_State_Decision_for_WEB.pdf-hold in pupils’ lives and that pupils must be able to view teachers as role models in the ./Mr_Ryan_Leverton__14154_-Secretary_of_State_Decision_for_WEB.pdf-way they behave. ./Mr_Ryan_Leverton__14154_-Secretary_of_State_Decision_for_WEB.pdf- ./Mr_Ryan_Leverton__14154_-Secretary_of_State_Decision_for_WEB.pdf-The findings of misconduct are serious and the conduct displayed would likely have a ./Mr_Ryan_Leverton__14154_-Secretary_of_State_Decision_for_WEB.pdf-negative impact on the individual’s status as a teacher, potentially damaging the public ./Mr_Ryan_Leverton__14154_-Secretary_of_State_Decision_for_WEB.pdf-perception of the profession. The panel therefore finds that Mr Leverton's actions at ./Mr_Ryan_Leverton__14154_-Secretary_of_State_Decision_for_WEB.pdf-allegation 1. constitute conduct that may bring the profession into disrepute. ./Mr_Ryan_Leverton__14154_-Secretary_of_State_Decision_for_WEB.pdf- ./Mr_Ryan_Leverton__14154_-Secretary_of_State_Decision_for_WEB.pdf-The panel has considered allegation 2. a., incident one and notes that Pupil D regarded ./Mr_Ryan_Leverton__14154_-Secretary_of_State_Decision_for_WEB.pdf:this conduct as sexual and weird. The panel is satisfied that this amounts to a ./Mr_Ryan_Leverton__14154_-Secretary_of_State_Decision_for_WEB.pdf-fundamental departure from the Standards and constitutes unacceptable professional ./Mr_Ryan_Leverton__14154_-Secretary_of_State_Decision_for_WEB.pdf-conduct. ./Mr_Ryan_Leverton__14154_-Secretary_of_State_Decision_for_WEB.pdf- ./Mr_Ryan_Leverton__14154_-Secretary_of_State_Decision_for_WEB.pdf-The panel has also taken into account how the teaching profession is viewed by others ./Mr_Ryan_Leverton__14154_-Secretary_of_State_Decision_for_WEB.pdf-and considered the influence that teachers may have on pupils, parents and others in the ./Mr_Ryan_Leverton__14154_-Secretary_of_State_Decision_for_WEB.pdf-community. The panel has taken account of the uniquely influential role that teachers can ./Mr_Ryan_Leverton__14154_-Secretary_of_State_Decision_for_WEB.pdf-hold in pupils’ lives and that pupils must be able to view teachers as role models in the ./Mr_Ryan_Leverton__14154_-Secretary_of_State_Decision_for_WEB.pdf-way they behave. ./Mr_Ryan_Leverton__14154_-Secretary_of_State_Decision_for_WEB.pdf- ./Mr_Ryan_Leverton__14154_-Secretary_of_State_Decision_for_WEB.pdf- -- ./Mr_Ryan_Leverton__14154_-Secretary_of_State_Decision_for_WEB.pdf-namely: ./Mr_Ryan_Leverton__14154_-Secretary_of_State_Decision_for_WEB.pdf- ./Mr_Ryan_Leverton__14154_-Secretary_of_State_Decision_for_WEB.pdf-- the protection of pupils ./Mr_Ryan_Leverton__14154_-Secretary_of_State_Decision_for_WEB.pdf- ./Mr_Ryan_Leverton__14154_-Secretary_of_State_Decision_for_WEB.pdf-- the protection of other members of the public ./Mr_Ryan_Leverton__14154_-Secretary_of_State_Decision_for_WEB.pdf- ./Mr_Ryan_Leverton__14154_-Secretary_of_State_Decision_for_WEB.pdf-- the maintenance of public confidence in the profession ./Mr_Ryan_Leverton__14154_-Secretary_of_State_Decision_for_WEB.pdf- ./Mr_Ryan_Leverton__14154_-Secretary_of_State_Decision_for_WEB.pdf-- declaring and upholding proper standards of conduct. ./Mr_Ryan_Leverton__14154_-Secretary_of_State_Decision_for_WEB.pdf- ./Mr_Ryan_Leverton__14154_-Secretary_of_State_Decision_for_WEB.pdf:In light of the panel’s findings against Mr Leverton, which involved findings of sexually ./Mr_Ryan_Leverton__14154_-Secretary_of_State_Decision_for_WEB.pdf-motivated and inappropriate conduct involving pupils, and a finding that he had engaged ./Mr_Ryan_Leverton__14154_-Secretary_of_State_Decision_for_WEB.pdf- ./Mr_Ryan_Leverton__14154_-Secretary_of_State_Decision_for_WEB.pdf- 15 ./Mr_Ryan_Leverton__14154_-Secretary_of_State_Decision_for_WEB.pdf- -- ./Mr_Ryan_Leverton__14154_-Secretary_of_State_Decision_for_WEB.pdf:in a sexual relationship with a pupil, there is a strong public interest consideration in ./Mr_Ryan_Leverton__14154_-Secretary_of_State_Decision_for_WEB.pdf-respect of the protection of pupils given the serious findings. ./Mr_Ryan_Leverton__14154_-Secretary_of_State_Decision_for_WEB.pdf- ./Mr_Ryan_Leverton__14154_-Secretary_of_State_Decision_for_WEB.pdf-Similarly, the panel considers that public confidence in the profession could be seriously ./Mr_Ryan_Leverton__14154_-Secretary_of_State_Decision_for_WEB.pdf-weakened if conduct such as that found against Mr Leverton were not treated with the ./Mr_Ryan_Leverton__14154_-Secretary_of_State_Decision_for_WEB.pdf-utmost seriousness when regulating the conduct of the profession. ./Mr_Ryan_Leverton__14154_-Secretary_of_State_Decision_for_WEB.pdf- ./Mr_Ryan_Leverton__14154_-Secretary_of_State_Decision_for_WEB.pdf-The panel considered that a strong public interest consideration in declaring proper ./Mr_Ryan_Leverton__14154_-Secretary_of_State_Decision_for_WEB.pdf-standards of conduct in the profession was also present as the conduct found against Mr ./Mr_Ryan_Leverton__14154_-Secretary_of_State_Decision_for_WEB.pdf-Leverton was outside that which could reasonably be tolerated. ./Mr_Ryan_Leverton__14154_-Secretary_of_State_Decision_for_WEB.pdf- -- ./Mr_Ryan_Leverton__14154_-Secretary_of_State_Decision_for_WEB.pdf-The panel took further account of the Advice, which suggests that a prohibition order may ./Mr_Ryan_Leverton__14154_-Secretary_of_State_Decision_for_WEB.pdf-be appropriate if certain behaviours of a teacher have been proven. In the list of such ./Mr_Ryan_Leverton__14154_-Secretary_of_State_Decision_for_WEB.pdf-behaviours, those that are relevant in this case are: ./Mr_Ryan_Leverton__14154_-Secretary_of_State_Decision_for_WEB.pdf- ./Mr_Ryan_Leverton__14154_-Secretary_of_State_Decision_for_WEB.pdf-  serious departure from the personal and professional conduct elements of the ./Mr_Ryan_Leverton__14154_-Secretary_of_State_Decision_for_WEB.pdf- Teachers’ Standards; ./Mr_Ryan_Leverton__14154_-Secretary_of_State_Decision_for_WEB.pdf-  misconduct seriously affecting the education and/or well-being of pupils, and ./Mr_Ryan_Leverton__14154_-Secretary_of_State_Decision_for_WEB.pdf- particularly where there is a continuing risk; ./Mr_Ryan_Leverton__14154_-Secretary_of_State_Decision_for_WEB.pdf-  abuse of position or trust (particularly involving vulnerable pupils) or violation of the ./Mr_Ryan_Leverton__14154_-Secretary_of_State_Decision_for_WEB.pdf- rights of pupils; ./Mr_Ryan_Leverton__14154_-Secretary_of_State_Decision_for_WEB.pdf:  sexual misconduct, eg involving actions that were sexually motivated or of a ./Mr_Ryan_Leverton__14154_-Secretary_of_State_Decision_for_WEB.pdf: sexual nature and/or that use or exploit the trust, knowledge or influence derived ./Mr_Ryan_Leverton__14154_-Secretary_of_State_Decision_for_WEB.pdf- from the individual’s professional position; ./Mr_Ryan_Leverton__14154_-Secretary_of_State_Decision_for_WEB.pdf-Even though there were behaviours that would point to a prohibition order being ./Mr_Ryan_Leverton__14154_-Secretary_of_State_Decision_for_WEB.pdf-appropriate, the panel went on to consider whether or not there were sufficient mitigating ./Mr_Ryan_Leverton__14154_-Secretary_of_State_Decision_for_WEB.pdf-factors to militate against a prohibition order being an appropriate and proportionate ./Mr_Ryan_Leverton__14154_-Secretary_of_State_Decision_for_WEB.pdf-measure to impose, particularly taking into account the nature and severity of the ./Mr_Ryan_Leverton__14154_-Secretary_of_State_Decision_for_WEB.pdf-behaviour in this case. ./Mr_Ryan_Leverton__14154_-Secretary_of_State_Decision_for_WEB.pdf- ./Mr_Ryan_Leverton__14154_-Secretary_of_State_Decision_for_WEB.pdf-The teacher’s actions were deliberate and there was no evidence that Mr Leverton was ./Mr_Ryan_Leverton__14154_-Secretary_of_State_Decision_for_WEB.pdf-acting under duress. Indeed, the panel found that Mr Leverton's actions were pre- ./Mr_Ryan_Leverton__14154_-Secretary_of_State_Decision_for_WEB.pdf-meditated and sustained over a period of time. -- ./Mr_Ryan_Leverton__14154_-Secretary_of_State_Decision_for_WEB.pdf-prohibition order should be imposed with immediate effect. ./Mr_Ryan_Leverton__14154_-Secretary_of_State_Decision_for_WEB.pdf- ./Mr_Ryan_Leverton__14154_-Secretary_of_State_Decision_for_WEB.pdf-The panel went on to consider whether or not it would be appropriate for it to decide to ./Mr_Ryan_Leverton__14154_-Secretary_of_State_Decision_for_WEB.pdf-recommend that a review period of the order should be considered. The panel were ./Mr_Ryan_Leverton__14154_-Secretary_of_State_Decision_for_WEB.pdf-mindful that the Advice advises that a prohibition order applies for life, but there may be ./Mr_Ryan_Leverton__14154_-Secretary_of_State_Decision_for_WEB.pdf-circumstances in any given case that may make it appropriate to allow a teacher to apply ./Mr_Ryan_Leverton__14154_-Secretary_of_State_Decision_for_WEB.pdf-to have the prohibition order reviewed after a specified period of time that may not be ./Mr_Ryan_Leverton__14154_-Secretary_of_State_Decision_for_WEB.pdf-less than 2 years. ./Mr_Ryan_Leverton__14154_-Secretary_of_State_Decision_for_WEB.pdf- ./Mr_Ryan_Leverton__14154_-Secretary_of_State_Decision_for_WEB.pdf-The Advice indicates that there are behaviours that, if proven, would militate against a ./Mr_Ryan_Leverton__14154_-Secretary_of_State_Decision_for_WEB.pdf:review period being recommended. This includes serious sexual misconduct, e.g. where ./Mr_Ryan_Leverton__14154_-Secretary_of_State_Decision_for_WEB.pdf:the act was sexually motivated and resulted in or had the potential to result in, harm to a ./Mr_Ryan_Leverton__14154_-Secretary_of_State_Decision_for_WEB.pdf-person or persons, particularly where the individual has used their professional position ./Mr_Ryan_Leverton__14154_-Secretary_of_State_Decision_for_WEB.pdf-to influence or exploit a person or persons. The panel has found, for the reasons outlined ./Mr_Ryan_Leverton__14154_-Secretary_of_State_Decision_for_WEB.pdf-above, that Mr Leverton has displayed these behaviours by virtue of allegation 1. ./Mr_Ryan_Leverton__14154_-Secretary_of_State_Decision_for_WEB.pdf- ./Mr_Ryan_Leverton__14154_-Secretary_of_State_Decision_for_WEB.pdf-There is no evidence that Mr Leverton has demonstrated any insight into his actions, or ./Mr_Ryan_Leverton__14154_-Secretary_of_State_Decision_for_WEB.pdf-remorse for the consequences, in particular the impact upon Pupil A. ./Mr_Ryan_Leverton__14154_-Secretary_of_State_Decision_for_WEB.pdf- ./Mr_Ryan_Leverton__14154_-Secretary_of_State_Decision_for_WEB.pdf-The panel felt the findings indicated a situation in which a review period would not be ./Mr_Ryan_Leverton__14154_-Secretary_of_State_Decision_for_WEB.pdf-appropriate and as such decided that it would be proportionate in all the circumstances ./Mr_Ryan_Leverton__14154_-Secretary_of_State_Decision_for_WEB.pdf-for the prohibition order to be recommended without provisions for a review period. -- ./Mr_Ryan_Leverton__14154_-Secretary_of_State_Decision_for_WEB.pdf- o treating pupils with dignity, building relationships rooted in mutual respect, and ./Mr_Ryan_Leverton__14154_-Secretary_of_State_Decision_for_WEB.pdf- at all times observing proper boundaries appropriate to a teacher’s ./Mr_Ryan_Leverton__14154_-Secretary_of_State_Decision_for_WEB.pdf- professional position; ./Mr_Ryan_Leverton__14154_-Secretary_of_State_Decision_for_WEB.pdf- o having regard for the need to safeguard pupils’ well-being, in accordance with ./Mr_Ryan_Leverton__14154_-Secretary_of_State_Decision_for_WEB.pdf- statutory provisions; ./Mr_Ryan_Leverton__14154_-Secretary_of_State_Decision_for_WEB.pdf-  Teachers must have an understanding of, and always act within, the statutory ./Mr_Ryan_Leverton__14154_-Secretary_of_State_Decision_for_WEB.pdf- frameworks which set out their professional duties and responsibilities. ./Mr_Ryan_Leverton__14154_-Secretary_of_State_Decision_for_WEB.pdf-The panel finds that the conduct of Mr Leverton fell significantly short of the standards ./Mr_Ryan_Leverton__14154_-Secretary_of_State_Decision_for_WEB.pdf-expected of the profession. ./Mr_Ryan_Leverton__14154_-Secretary_of_State_Decision_for_WEB.pdf- ./Mr_Ryan_Leverton__14154_-Secretary_of_State_Decision_for_WEB.pdf:The findings of misconduct are particularly serious as they include a finding of sexual ./Mr_Ryan_Leverton__14154_-Secretary_of_State_Decision_for_WEB.pdf-misconduct. ./Mr_Ryan_Leverton__14154_-Secretary_of_State_Decision_for_WEB.pdf- ./Mr_Ryan_Leverton__14154_-Secretary_of_State_Decision_for_WEB.pdf-I have to determine whether the imposition of a prohibition order is proportionate and in ./Mr_Ryan_Leverton__14154_-Secretary_of_State_Decision_for_WEB.pdf-the public interest. In considering that for this case I have considered the overall aim of a ./Mr_Ryan_Leverton__14154_-Secretary_of_State_Decision_for_WEB.pdf-prohibition order which is to protect pupils and to maintain public confidence in the ./Mr_Ryan_Leverton__14154_-Secretary_of_State_Decision_for_WEB.pdf-profession. I have considered the extent to which a prohibition order in this case would ./Mr_Ryan_Leverton__14154_-Secretary_of_State_Decision_for_WEB.pdf-achieve that aim taking into account the impact that it will have on the individual teacher. ./Mr_Ryan_Leverton__14154_-Secretary_of_State_Decision_for_WEB.pdf-I have also asked myself whether or not a less intrusive measure, such as the published ./Mr_Ryan_Leverton__14154_-Secretary_of_State_Decision_for_WEB.pdf-finding of unacceptable professional conduct and conduct that may bring the profession ./Mr_Ryan_Leverton__14154_-Secretary_of_State_Decision_for_WEB.pdf-into disrepute, would itself be sufficient to achieve the overall aim. I have to consider -- ./Mr_Ryan_Leverton__14154_-Secretary_of_State_Decision_for_WEB.pdf-In this case, I have considered the extent to which a prohibition order would protect ./Mr_Ryan_Leverton__14154_-Secretary_of_State_Decision_for_WEB.pdf-children. The panel has made findings and observed of Mr Leverton’s behaviour; “which ./Mr_Ryan_Leverton__14154_-Secretary_of_State_Decision_for_WEB.pdf:involved findings of sexually motivated and inappropriate conduct involving pupils, and a ./Mr_Ryan_Leverton__14154_-Secretary_of_State_Decision_for_WEB.pdf:finding that he had engaged in a sexual relationship with a pupil.” A prohibition order ./Mr_Ryan_Leverton__14154_-Secretary_of_State_Decision_for_WEB.pdf-would therefore prevent such a risk from being present. I have also taken into account ./Mr_Ryan_Leverton__14154_-Secretary_of_State_Decision_for_WEB.pdf-the panel’s comments on insight and remorse which the panel sets out as follows, “There ./Mr_Ryan_Leverton__14154_-Secretary_of_State_Decision_for_WEB.pdf-is no evidence that Mr Leverton has demonstrated any insight into his actions, or ./Mr_Ryan_Leverton__14154_-Secretary_of_State_Decision_for_WEB.pdf-remorse for the consequences, in particular the impact upon Pupil A.” ./Mr_Ryan_Leverton__14154_-Secretary_of_State_Decision_for_WEB.pdf- ./Mr_Ryan_Leverton__14154_-Secretary_of_State_Decision_for_WEB.pdf-In my judgement the lack of insight and remorse means that there is some risk of the ./Mr_Ryan_Leverton__14154_-Secretary_of_State_Decision_for_WEB.pdf-repetition of this behaviour and this risks the future well-being of pupils. I have therefore ./Mr_Ryan_Leverton__14154_-Secretary_of_State_Decision_for_WEB.pdf-given this element considerable weight in reaching my decision. ./Mr_Ryan_Leverton__14154_-Secretary_of_State_Decision_for_WEB.pdf- ./Mr_Ryan_Leverton__14154_-Secretary_of_State_Decision_for_WEB.pdf-I have gone on to consider the extent to which a prohibition order would maintain public ./Mr_Ryan_Leverton__14154_-Secretary_of_State_Decision_for_WEB.pdf-confidence in the profession. The panel observe, “a strong public interest consideration in ./Mr_Ryan_Leverton__14154_-Secretary_of_State_Decision_for_WEB.pdf-declaring proper standards of conduct in the profession was also present as the conduct ./Mr_Ryan_Leverton__14154_-Secretary_of_State_Decision_for_WEB.pdf-found against Mr Leverton was outside that which could reasonably be tolerated.” ./Mr_Ryan_Leverton__14154_-Secretary_of_State_Decision_for_WEB.pdf- ./Mr_Ryan_Leverton__14154_-Secretary_of_State_Decision_for_WEB.pdf:I am particularly mindful of the finding of sexual misconduct in this case and the impact ./Mr_Ryan_Leverton__14154_-Secretary_of_State_Decision_for_WEB.pdf-that such a finding has on the reputation of the profession. ./Mr_Ryan_Leverton__14154_-Secretary_of_State_Decision_for_WEB.pdf- ./Mr_Ryan_Leverton__14154_-Secretary_of_State_Decision_for_WEB.pdf-I have had to consider that the public has a high expectation of professional standards of ./Mr_Ryan_Leverton__14154_-Secretary_of_State_Decision_for_WEB.pdf-all teachers and that failure to impose a prohibition order might be regarded by the public ./Mr_Ryan_Leverton__14154_-Secretary_of_State_Decision_for_WEB.pdf-as a failure to uphold those high standards. In weighing these considerations I have had ./Mr_Ryan_Leverton__14154_-Secretary_of_State_Decision_for_WEB.pdf-to consider the matter from the point of view of an “ordinary intelligent and well-informed ./Mr_Ryan_Leverton__14154_-Secretary_of_State_Decision_for_WEB.pdf-citizen.” ./Mr_Ryan_Leverton__14154_-Secretary_of_State_Decision_for_WEB.pdf- ./Mr_Ryan_Leverton__14154_-Secretary_of_State_Decision_for_WEB.pdf-I have considered whether the publication of a finding of unacceptable professional ./Mr_Ryan_Leverton__14154_-Secretary_of_State_Decision_for_WEB.pdf-conduct, in the absence of a prohibition order, can itself be regarded by such a person as -- ./Mr_Ryan_Leverton__14154_-Secretary_of_State_Decision_for_WEB.pdf-recommended that there should be no provision for a review period. ./Mr_Ryan_Leverton__14154_-Secretary_of_State_Decision_for_WEB.pdf- ./Mr_Ryan_Leverton__14154_-Secretary_of_State_Decision_for_WEB.pdf-I have considered the panel’s comments “Mr Leverton's actions were pre-meditated and ./Mr_Ryan_Leverton__14154_-Secretary_of_State_Decision_for_WEB.pdf-sustained over a period of time.” ./Mr_Ryan_Leverton__14154_-Secretary_of_State_Decision_for_WEB.pdf- ./Mr_Ryan_Leverton__14154_-Secretary_of_State_Decision_for_WEB.pdf-The panel has also said that a prohibition with no review period is proportionate. ./Mr_Ryan_Leverton__14154_-Secretary_of_State_Decision_for_WEB.pdf- ./Mr_Ryan_Leverton__14154_-Secretary_of_State_Decision_for_WEB.pdf-I have considered whether a prohibition order with no review period is proportionate and ./Mr_Ryan_Leverton__14154_-Secretary_of_State_Decision_for_WEB.pdf-reflects the seriousness of the findings. In this case, there are factors that in my view ./Mr_Ryan_Leverton__14154_-Secretary_of_State_Decision_for_WEB.pdf-mean that allowing for a review period is not sufficient to achieve the aim of maintaining ./Mr_Ryan_Leverton__14154_-Secretary_of_State_Decision_for_WEB.pdf:public confidence in the profession. These elements are the sexual misconduct, the ./Mr_Ryan_Leverton__14154_-Secretary_of_State_Decision_for_WEB.pdf-vulnerability of the pupils and the lack of insight or remorse. ./Mr_Ryan_Leverton__14154_-Secretary_of_State_Decision_for_WEB.pdf- ./Mr_Ryan_Leverton__14154_-Secretary_of_State_Decision_for_WEB.pdf-I consider therefore that a prohibition order with no review period is required to satisfy the ./Mr_Ryan_Leverton__14154_-Secretary_of_State_Decision_for_WEB.pdf-maintenance of public confidence in the profession. ./Mr_Ryan_Leverton__14154_-Secretary_of_State_Decision_for_WEB.pdf- ./Mr_Ryan_Leverton__14154_-Secretary_of_State_Decision_for_WEB.pdf-This means that Mr Ryan Leverton is prohibited from teaching indefinitely and ./Mr_Ryan_Leverton__14154_-Secretary_of_State_Decision_for_WEB.pdf-cannot teach in any school, sixth form college, relevant youth accommodation or ./Mr_Ryan_Leverton__14154_-Secretary_of_State_Decision_for_WEB.pdf-children’s home in England. Furthermore, in view of the seriousness of the allegations ./Mr_Ryan_Leverton__14154_-Secretary_of_State_Decision_for_WEB.pdf-found proved against him, I have decided that Mr Ryan Leverton shall not be entitled to ./Mr_Ryan_Leverton__14154_-Secretary_of_State_Decision_for_WEB.pdf-apply for restoration of his eligibility to teach. ./Mr_Shakeel_Ahmed_Professional_conduct_panel_outcome.pdf- ./Mr_Shakeel_Ahmed_Professional_conduct_panel_outcome.pdf-4. In relation to Pupil A, on one or more occasions in or around 2015 Mr Ahmed ./Mr_Shakeel_Ahmed_Professional_conduct_panel_outcome.pdf-inappropriately touched his genital area with his hand through his shorts whilst he was ./Mr_Shakeel_Ahmed_Professional_conduct_panel_outcome.pdf-playing football; ./Mr_Shakeel_Ahmed_Professional_conduct_panel_outcome.pdf- ./Mr_Shakeel_Ahmed_Professional_conduct_panel_outcome.pdf- ./Mr_Shakeel_Ahmed_Professional_conduct_panel_outcome.pdf-5. In or around 2015 in relation to one or more former pupils including Pupils B and/or C ./Mr_Shakeel_Ahmed_Professional_conduct_panel_outcome.pdf-he: ./Mr_Shakeel_Ahmed_Professional_conduct_panel_outcome.pdf- a. provided Pupil B with his contact number; ./Mr_Shakeel_Ahmed_Professional_conduct_panel_outcome.pdf- b. met up with them and/or other former pupils; ./Mr_Shakeel_Ahmed_Professional_conduct_panel_outcome.pdf: c. discussed matters of a sexual nature, including but not limited to: ./Mr_Shakeel_Ahmed_Professional_conduct_panel_outcome.pdf- i. asking how often they masturbate; ./Mr_Shakeel_Ahmed_Professional_conduct_panel_outcome.pdf- ii. the size of their penis; ./Mr_Shakeel_Ahmed_Professional_conduct_panel_outcome.pdf- iii. asking them to take their pants off; ./Mr_Shakeel_Ahmed_Professional_conduct_panel_outcome.pdf: iv. asking them questions about their sex life; ./Mr_Shakeel_Ahmed_Professional_conduct_panel_outcome.pdf- ./Mr_Shakeel_Ahmed_Professional_conduct_panel_outcome.pdf-6. In July 2015, in relation to a former pupil, Pupil B, he: ./Mr_Shakeel_Ahmed_Professional_conduct_panel_outcome.pdf- ./Mr_Shakeel_Ahmed_Professional_conduct_panel_outcome.pdf- 4 ./Mr_Shakeel_Ahmed_Professional_conduct_panel_outcome.pdf- -- ./Mr_Shakeel_Ahmed_Professional_conduct_panel_outcome.pdf- a. drove him to a hotel in Manchester; ./Mr_Shakeel_Ahmed_Professional_conduct_panel_outcome.pdf- b. told him to lie to his parents about where he was going and/or not to tell anyone ./Mr_Shakeel_Ahmed_Professional_conduct_panel_outcome.pdf- else; ./Mr_Shakeel_Ahmed_Professional_conduct_panel_outcome.pdf- c. stripped naked in front of him and/or told him to remove his clothes; ./Mr_Shakeel_Ahmed_Professional_conduct_panel_outcome.pdf- d. told him to kiss him “like he would his wife” or words to that effect; ./Mr_Shakeel_Ahmed_Professional_conduct_panel_outcome.pdf- e. kissed him; ./Mr_Shakeel_Ahmed_Professional_conduct_panel_outcome.pdf- f. pulled Pupil B on top of him; ./Mr_Shakeel_Ahmed_Professional_conduct_panel_outcome.pdf- g. touched his penis. ./Mr_Shakeel_Ahmed_Professional_conduct_panel_outcome.pdf- ./Mr_Shakeel_Ahmed_Professional_conduct_panel_outcome.pdf:7. His conduct as may be found proved at Allegations 1-6 was sexually motivated and/or ./Mr_Shakeel_Ahmed_Professional_conduct_panel_outcome.pdf:was conduct of a sexual nature. ./Mr_Shakeel_Ahmed_Professional_conduct_panel_outcome.pdf- ./Mr_Shakeel_Ahmed_Professional_conduct_panel_outcome.pdf-In a recent unsigned statement dated 5 January 2022, Mr Ahmed denied the facts of the ./Mr_Shakeel_Ahmed_Professional_conduct_panel_outcome.pdf-allegations 1(a), 1(b), 1(c), 1(d), 2(c), 2(d), 4, 6(b), 6(c), 6(d), 6(e), 6(f), 6(g) and 7. It was ./Mr_Shakeel_Ahmed_Professional_conduct_panel_outcome.pdf-unclear from the information provided by the teacher, whether he admitted to the facts of ./Mr_Shakeel_Ahmed_Professional_conduct_panel_outcome.pdf-2(a), 5(b), 5(c). Therefore, in the absence of/non-response from the teacher, the ./Mr_Shakeel_Ahmed_Professional_conduct_panel_outcome.pdf-allegations are not admitted. ./Mr_Shakeel_Ahmed_Professional_conduct_panel_outcome.pdf- ./Mr_Shakeel_Ahmed_Professional_conduct_panel_outcome.pdf-In the same statement dated 5 January 2022, Mr Ahmed admitted to the facts of ./Mr_Shakeel_Ahmed_Professional_conduct_panel_outcome.pdf-allegations 2(b), 3 and 6(a). Mr Ahmed stated that allegation 5(a) was correct in part, in ./Mr_Shakeel_Ahmed_Professional_conduct_panel_outcome.pdf-that Pupil B asked for his phone number, which he provided to him. -- ./Mr_Shakeel_Ahmed_Professional_conduct_panel_outcome.pdf- • Mr Ahmed would lock the classroom door before hugging him; ./Mr_Shakeel_Ahmed_Professional_conduct_panel_outcome.pdf- • Mr Ahmed had asked him to find a wooden ruler on his person; ./Mr_Shakeel_Ahmed_Professional_conduct_panel_outcome.pdf- • Mr Ahmed had slept in the same bed as Pupil M and his friend whilst on a school ./Mr_Shakeel_Ahmed_Professional_conduct_panel_outcome.pdf- trip and had hugged the pupils whilst in bed and kissed the pupils’ cheeks. Mr ./Mr_Shakeel_Ahmed_Professional_conduct_panel_outcome.pdf- Ahmed had pulled both pulled both pupils’ heads to his chest whilst in the same ./Mr_Shakeel_Ahmed_Professional_conduct_panel_outcome.pdf- bed. ./Mr_Shakeel_Ahmed_Professional_conduct_panel_outcome.pdf:On 15 January 2009, Mr Ahmed was arrested at his home on suspicion of sexual assault ./Mr_Shakeel_Ahmed_Professional_conduct_panel_outcome.pdf-against Pupil M. The CPS decided that a criminal prosecution was unlikely to succeed ./Mr_Shakeel_Ahmed_Professional_conduct_panel_outcome.pdf-due to the lack of sufficient evidence and inconsistencies between various accounts, and ./Mr_Shakeel_Ahmed_Professional_conduct_panel_outcome.pdf:therefore the specific offence of sexual assault could not be charged. ./Mr_Shakeel_Ahmed_Professional_conduct_panel_outcome.pdf- ./Mr_Shakeel_Ahmed_Professional_conduct_panel_outcome.pdf-A disciplinary panel was appointed to investigate the issues raised by Pupil M on 11 May ./Mr_Shakeel_Ahmed_Professional_conduct_panel_outcome.pdf-2009. Following this, Mr Ahmed received a written warning solely relating to the health ./Mr_Shakeel_Ahmed_Professional_conduct_panel_outcome.pdf-and safety and procedural issues. Mr Ahmed’s suspension was lifted and he returned to ./Mr_Shakeel_Ahmed_Professional_conduct_panel_outcome.pdf-work on 13 May 2009. ./Mr_Shakeel_Ahmed_Professional_conduct_panel_outcome.pdf- ./Mr_Shakeel_Ahmed_Professional_conduct_panel_outcome.pdf-In June 2013, a pupil disclosed to a member of staff that Mr Ahmed had put his hand on ./Mr_Shakeel_Ahmed_Professional_conduct_panel_outcome.pdf-his thigh when sitting in the PE changing room after getting changed into his PE kit. The ./Mr_Shakeel_Ahmed_Professional_conduct_panel_outcome.pdf-police and the Local Authority Designated Officer (“LADO”) were informed. Mr Ahmed ./Mr_Shakeel_Ahmed_Professional_conduct_panel_outcome.pdf-was suspended from the School as a result of the police investigation. On 10 September ./Mr_Shakeel_Ahmed_Professional_conduct_panel_outcome.pdf-2013, the police completed their enquiry and concluded that there was to be no further ./Mr_Shakeel_Ahmed_Professional_conduct_panel_outcome.pdf-action on the basis of there being no corroborative evidence. The matter was passed ./Mr_Shakeel_Ahmed_Professional_conduct_panel_outcome.pdf-back to the School to investigate. The School conducted a risk assessment and Mr ./Mr_Shakeel_Ahmed_Professional_conduct_panel_outcome.pdf-Ahmed returned to working at the School. ./Mr_Shakeel_Ahmed_Professional_conduct_panel_outcome.pdf- ./Mr_Shakeel_Ahmed_Professional_conduct_panel_outcome.pdf-In or around 2015, it was alleged by Pupil A that Mr Ahmed had touched his genital area ./Mr_Shakeel_Ahmed_Professional_conduct_panel_outcome.pdf-with his hand whilst he was playing football. Allegations were also put forward by Pupil B ./Mr_Shakeel_Ahmed_Professional_conduct_panel_outcome.pdf-in 2015, in that Mr Ahmed had asked personal questions to him and his friend, which ./Mr_Shakeel_Ahmed_Professional_conduct_panel_outcome.pdf:were not limited to, their sex life, size of their genitals and about masturbation. ./Mr_Shakeel_Ahmed_Professional_conduct_panel_outcome.pdf- ./Mr_Shakeel_Ahmed_Professional_conduct_panel_outcome.pdf-In September 2015 Mr Ahmed was referred to LADO for an alleged incident which took ./Mr_Shakeel_Ahmed_Professional_conduct_panel_outcome.pdf-place on 19 July 2015. Pupil B was no longer at the School when this allegation was ./Mr_Shakeel_Ahmed_Professional_conduct_panel_outcome.pdf-made. It was alleged by Pupil B that he went to Manchester [redacted] with Mr Ahmed ./Mr_Shakeel_Ahmed_Professional_conduct_panel_outcome.pdf:and Mr Ahmed had sexually assaulted him whilst in a hotel room. A criminal investigation ./Mr_Shakeel_Ahmed_Professional_conduct_panel_outcome.pdf-was conducted by the police and Mr Ahmed was suspended on 25 August 2015. Mr ./Mr_Shakeel_Ahmed_Professional_conduct_panel_outcome.pdf:Ahmed was charged in March 2016 with two counts of sexual activity with Pupil A and ./Mr_Shakeel_Ahmed_Professional_conduct_panel_outcome.pdf:one count of sexual assault against former Pupil B. ./Mr_Shakeel_Ahmed_Professional_conduct_panel_outcome.pdf- ./Mr_Shakeel_Ahmed_Professional_conduct_panel_outcome.pdf-Mr Ahmed’s case went to trial on 14 November 2016 and he was found not guilty of the ./Mr_Shakeel_Ahmed_Professional_conduct_panel_outcome.pdf:charges against him (two counts of sexual activity with a current pupil and one count of ./Mr_Shakeel_Ahmed_Professional_conduct_panel_outcome.pdf:sexual assault against a former pupil). On 12 December 2016, the Head of Saltley ./Mr_Shakeel_Ahmed_Professional_conduct_panel_outcome.pdf-Academy was commissioned by [redacted] to conduct a disciplinary investigation. Mr ./Mr_Shakeel_Ahmed_Professional_conduct_panel_outcome.pdf-Ahmed resigned from his post as a PE teacher in May 2017. The resignation was ./Mr_Shakeel_Ahmed_Professional_conduct_panel_outcome.pdf-received a week before a governor disciplinary panel was due to convene. ./Mr_Shakeel_Ahmed_Professional_conduct_panel_outcome.pdf- ./Mr_Shakeel_Ahmed_Professional_conduct_panel_outcome.pdf- 10 ./Mr_Shakeel_Ahmed_Professional_conduct_panel_outcome.pdf- -- ./Mr_Shakeel_Ahmed_Professional_conduct_panel_outcome.pdf-Therefore, the panel found allegation 5(a) proved. ./Mr_Shakeel_Ahmed_Professional_conduct_panel_outcome.pdf- ./Mr_Shakeel_Ahmed_Professional_conduct_panel_outcome.pdf-b. met up with them and/or other former pupils; ./Mr_Shakeel_Ahmed_Professional_conduct_panel_outcome.pdf- ./Mr_Shakeel_Ahmed_Professional_conduct_panel_outcome.pdf-Pupil B stated in oral evidence that Mr Ahmed would drive him and a friend to a park, ./Mr_Shakeel_Ahmed_Professional_conduct_panel_outcome.pdf-outside of the local area, on several occasions. The panel found Pupil B to be a credible ./Mr_Shakeel_Ahmed_Professional_conduct_panel_outcome.pdf-and truthful witness. Mr Ahmed did not provide a direct response to this allegation. ./Mr_Shakeel_Ahmed_Professional_conduct_panel_outcome.pdf- ./Mr_Shakeel_Ahmed_Professional_conduct_panel_outcome.pdf-The panel found allegation 5(b) proved. ./Mr_Shakeel_Ahmed_Professional_conduct_panel_outcome.pdf- ./Mr_Shakeel_Ahmed_Professional_conduct_panel_outcome.pdf:c. discussed matters of a sexual nature, including but not limited to: ./Mr_Shakeel_Ahmed_Professional_conduct_panel_outcome.pdf- ./Mr_Shakeel_Ahmed_Professional_conduct_panel_outcome.pdf-i. asking how often they masturbate; ./Mr_Shakeel_Ahmed_Professional_conduct_panel_outcome.pdf- ./Mr_Shakeel_Ahmed_Professional_conduct_panel_outcome.pdf-Pupil B stated in oral evidence that his friend brought up the topic of masturbation whilst ./Mr_Shakeel_Ahmed_Professional_conduct_panel_outcome.pdf-in the presence of Mr Ahmed. Mr Ahmed then asked Pupil B and his friend how often ./Mr_Shakeel_Ahmed_Professional_conduct_panel_outcome.pdf-they masturbated. The Panel found Pupil B to be a credible and truthful witness. ./Mr_Shakeel_Ahmed_Professional_conduct_panel_outcome.pdf- ./Mr_Shakeel_Ahmed_Professional_conduct_panel_outcome.pdf-The panel found allegation 5c(i) proved. ./Mr_Shakeel_Ahmed_Professional_conduct_panel_outcome.pdf- ./Mr_Shakeel_Ahmed_Professional_conduct_panel_outcome.pdf-ii. the size of their penis; -- ./Mr_Shakeel_Ahmed_Professional_conduct_panel_outcome.pdf-stage”. ./Mr_Shakeel_Ahmed_Professional_conduct_panel_outcome.pdf- ./Mr_Shakeel_Ahmed_Professional_conduct_panel_outcome.pdf-Pupil B stated that Mr Ahmed touched his penis whilst at the hotel. ./Mr_Shakeel_Ahmed_Professional_conduct_panel_outcome.pdf- ./Mr_Shakeel_Ahmed_Professional_conduct_panel_outcome.pdf-The panel could not think of any reason as to why Pupil B would be untruthful about this ./Mr_Shakeel_Ahmed_Professional_conduct_panel_outcome.pdf-allegation. The panel found Pupil B to be a credible and truthful witness and believed his ./Mr_Shakeel_Ahmed_Professional_conduct_panel_outcome.pdf-account. ./Mr_Shakeel_Ahmed_Professional_conduct_panel_outcome.pdf- ./Mr_Shakeel_Ahmed_Professional_conduct_panel_outcome.pdf-The panel found allegation 6(g) proved. ./Mr_Shakeel_Ahmed_Professional_conduct_panel_outcome.pdf- ./Mr_Shakeel_Ahmed_Professional_conduct_panel_outcome.pdf:7. Your conduct as may be found proved at Allegations 1-6 was sexually motivated ./Mr_Shakeel_Ahmed_Professional_conduct_panel_outcome.pdf:and/or was conduct of a sexual nature. ./Mr_Shakeel_Ahmed_Professional_conduct_panel_outcome.pdf- ./Mr_Shakeel_Ahmed_Professional_conduct_panel_outcome.pdf-The panel considered this allegation in respect of the allegations that it had found proved. ./Mr_Shakeel_Ahmed_Professional_conduct_panel_outcome.pdf- ./Mr_Shakeel_Ahmed_Professional_conduct_panel_outcome.pdf- ./Mr_Shakeel_Ahmed_Professional_conduct_panel_outcome.pdf- 15 ./Mr_Shakeel_Ahmed_Professional_conduct_panel_outcome.pdf- -- ./Mr_Shakeel_Ahmed_Professional_conduct_panel_outcome.pdf-The presenting officer stated that that TRA was not going to invite the panel to consider ./Mr_Shakeel_Ahmed_Professional_conduct_panel_outcome.pdf:whether the allegations at 2 and 3 were sexually motivated. ./Mr_Shakeel_Ahmed_Professional_conduct_panel_outcome.pdf- ./Mr_Shakeel_Ahmed_Professional_conduct_panel_outcome.pdf-The panel had regard for the legal adviser’s advice. ./Mr_Shakeel_Ahmed_Professional_conduct_panel_outcome.pdf- ./Mr_Shakeel_Ahmed_Professional_conduct_panel_outcome.pdf-The panel noted that in the case of Basson v GMC (2018), it stated “the state of a ./Mr_Shakeel_Ahmed_Professional_conduct_panel_outcome.pdf-person’s mind is not something that can be proved by direct observation. It can only be ./Mr_Shakeel_Ahmed_Professional_conduct_panel_outcome.pdf-proved by inference or deduction from the surrounding evidence”. ./Mr_Shakeel_Ahmed_Professional_conduct_panel_outcome.pdf- ./Mr_Shakeel_Ahmed_Professional_conduct_panel_outcome.pdf:It was also stated in this case that a sexual motive means the conduct was done either in ./Mr_Shakeel_Ahmed_Professional_conduct_panel_outcome.pdf:pursuit of sexual gratification or in pursuit of a future sexual relationship. ./Mr_Shakeel_Ahmed_Professional_conduct_panel_outcome.pdf- ./Mr_Shakeel_Ahmed_Professional_conduct_panel_outcome.pdf-The panel considered the case of GMC v Haris (2020). The panel asked itself whether on ./Mr_Shakeel_Ahmed_Professional_conduct_panel_outcome.pdf-the balance of probabilities reasonable persons would think the words and actions found ./Mr_Shakeel_Ahmed_Professional_conduct_panel_outcome.pdf:proven could be sexual. ./Mr_Shakeel_Ahmed_Professional_conduct_panel_outcome.pdf- ./Mr_Shakeel_Ahmed_Professional_conduct_panel_outcome.pdf-The panel considered that Mr Ahmed’s conduct in allegations 4, 5(c)(i), 5(c)(ii), 6(a), 6(c), ./Mr_Shakeel_Ahmed_Professional_conduct_panel_outcome.pdf:6(d), 6(e), 6(f) and 6(g) was sexually motivated and/or of a sexual nature for the following ./Mr_Shakeel_Ahmed_Professional_conduct_panel_outcome.pdf-reasons: ./Mr_Shakeel_Ahmed_Professional_conduct_panel_outcome.pdf- ./Mr_Shakeel_Ahmed_Professional_conduct_panel_outcome.pdf-Allegation 4 – The panel noted that the second incident in July 2015 was more likely to ./Mr_Shakeel_Ahmed_Professional_conduct_panel_outcome.pdf:have been sexually motivated than the first incident in September 2014. The panel noted ./Mr_Shakeel_Ahmed_Professional_conduct_panel_outcome.pdf-that by the very nature of Mr Ahmed’s conduct in touching Pupil A’s penis for around ten ./Mr_Shakeel_Ahmed_Professional_conduct_panel_outcome.pdf:seconds was clearly in pursuit of his own sexual gratification. ./Mr_Shakeel_Ahmed_Professional_conduct_panel_outcome.pdf- ./Mr_Shakeel_Ahmed_Professional_conduct_panel_outcome.pdf-Allegations 5(c)(i), 5(c)(ii) – The panel found that the discussions regarding the size of ./Mr_Shakeel_Ahmed_Professional_conduct_panel_outcome.pdf:Pupil B’s penis and how often he masturbated were in pursuit of sexual gratification. The ./Mr_Shakeel_Ahmed_Professional_conduct_panel_outcome.pdf-panel noted that even if the conversation had been initiated by Friend A, any reasonable ./Mr_Shakeel_Ahmed_Professional_conduct_panel_outcome.pdf-adult would have stopped the conversation and not joined in, but Mr Ahmed continued to ./Mr_Shakeel_Ahmed_Professional_conduct_panel_outcome.pdf-ask questions. ./Mr_Shakeel_Ahmed_Professional_conduct_panel_outcome.pdf- ./Mr_Shakeel_Ahmed_Professional_conduct_panel_outcome.pdf-Allegations 6(a), 6(c), 6(d), 6(e), 6(f) and 6(g) – The panel found that Mr Ahmed’s ./Mr_Shakeel_Ahmed_Professional_conduct_panel_outcome.pdf:conduct in respect of these allegations was sexually motivated and conduct of a sexual ./Mr_Shakeel_Ahmed_Professional_conduct_panel_outcome.pdf-nature due to the very nature of Mr Ahmed’s conduct. The panel considered that there ./Mr_Shakeel_Ahmed_Professional_conduct_panel_outcome.pdf-was no other reason for Mr Ahmed to drive to a hotel in Manchester and do the things ./Mr_Shakeel_Ahmed_Professional_conduct_panel_outcome.pdf:that he did, other than, in pursuit of his own sexual gratification. The panel was of the ./Mr_Shakeel_Ahmed_Professional_conduct_panel_outcome.pdf:view that his actions would be considered by a reasonable person to be of a sexual ./Mr_Shakeel_Ahmed_Professional_conduct_panel_outcome.pdf:nature and sexually motivated. ./Mr_Shakeel_Ahmed_Professional_conduct_panel_outcome.pdf- ./Mr_Shakeel_Ahmed_Professional_conduct_panel_outcome.pdf-Therefore, the panel found that Mr Ahmed’s conduct in allegations 4, 5(c)(i), 5(c)(ii), 6(a), ./Mr_Shakeel_Ahmed_Professional_conduct_panel_outcome.pdf:6(c), 6(d), 6(e), 6(f) and 6(g) was sexually motivated and/or of a sexual nature. For the ./Mr_Shakeel_Ahmed_Professional_conduct_panel_outcome.pdf-avoidance of doubt, the panel did not consider Mr Ahmed’s conduct found proved at ./Mr_Shakeel_Ahmed_Professional_conduct_panel_outcome.pdf:allegations 2(a), 2(b), 3, 5(a) or 5(b) was sexually motivated or of a sexual nature. ./Mr_Shakeel_Ahmed_Professional_conduct_panel_outcome.pdf- ./Mr_Shakeel_Ahmed_Professional_conduct_panel_outcome.pdf-The panel found the following particulars of the allegations against you not proved, for ./Mr_Shakeel_Ahmed_Professional_conduct_panel_outcome.pdf-these reasons: ./Mr_Shakeel_Ahmed_Professional_conduct_panel_outcome.pdf- ./Mr_Shakeel_Ahmed_Professional_conduct_panel_outcome.pdf- ./Mr_Shakeel_Ahmed_Professional_conduct_panel_outcome.pdf- 16 ./Mr_Shakeel_Ahmed_Professional_conduct_panel_outcome.pdf- -- ./Mr_Shakeel_Ahmed_Professional_conduct_panel_outcome.pdf-The presenting officer clarified that the reference to ‘pants’ in this allegation meant ./Mr_Shakeel_Ahmed_Professional_conduct_panel_outcome.pdf-‘trousers’. ./Mr_Shakeel_Ahmed_Professional_conduct_panel_outcome.pdf- ./Mr_Shakeel_Ahmed_Professional_conduct_panel_outcome.pdf-Mr Ahmed stated in an unsigned statement dated 5 January 2022 that “there was nothing ./Mr_Shakeel_Ahmed_Professional_conduct_panel_outcome.pdf-ever mentioned about taking their pants off apart from one occasion when Pupil C again ./Mr_Shakeel_Ahmed_Professional_conduct_panel_outcome.pdf-jokingly asked [Pupil B] to take his pants down and ran after him, fooling around in the ./Mr_Shakeel_Ahmed_Professional_conduct_panel_outcome.pdf-open.” ./Mr_Shakeel_Ahmed_Professional_conduct_panel_outcome.pdf- ./Mr_Shakeel_Ahmed_Professional_conduct_panel_outcome.pdf-On the balance of probabilities, the panel found allegation 5(c)(iii) not proved. ./Mr_Shakeel_Ahmed_Professional_conduct_panel_outcome.pdf- ./Mr_Shakeel_Ahmed_Professional_conduct_panel_outcome.pdf:iv. asking them questions about their sex life; ./Mr_Shakeel_Ahmed_Professional_conduct_panel_outcome.pdf- ./Mr_Shakeel_Ahmed_Professional_conduct_panel_outcome.pdf-Mr Ahmed stated in an unsigned statement dated 5 January 2022 that “the questions ./Mr_Shakeel_Ahmed_Professional_conduct_panel_outcome.pdf:about their sex lives went as far as if there was someone they liked or they were going ./Mr_Shakeel_Ahmed_Professional_conduct_panel_outcome.pdf-out with.” ./Mr_Shakeel_Ahmed_Professional_conduct_panel_outcome.pdf- ./Mr_Shakeel_Ahmed_Professional_conduct_panel_outcome.pdf-Friend A stated in his police witness statement that Mr Ahmed “would ask both me and ./Mr_Shakeel_Ahmed_Professional_conduct_panel_outcome.pdf:[redacted] about our sex lives.” ./Mr_Shakeel_Ahmed_Professional_conduct_panel_outcome.pdf- ./Mr_Shakeel_Ahmed_Professional_conduct_panel_outcome.pdf-Pupil B stated that there was a conversation between him, Friend A and Mr Ahmed about ./Mr_Shakeel_Ahmed_Professional_conduct_panel_outcome.pdf:sex before marriage, but Friend A would usually initiate those conversations. ./Mr_Shakeel_Ahmed_Professional_conduct_panel_outcome.pdf- ./Mr_Shakeel_Ahmed_Professional_conduct_panel_outcome.pdf-On the balance of probabilities, the panel found allegation 5(c)(iv) not proved. ./Mr_Shakeel_Ahmed_Professional_conduct_panel_outcome.pdf- ./Mr_Shakeel_Ahmed_Professional_conduct_panel_outcome.pdf-6. In July 2015, in relation to a former pupil, Pupil B, you: ./Mr_Shakeel_Ahmed_Professional_conduct_panel_outcome.pdf- ./Mr_Shakeel_Ahmed_Professional_conduct_panel_outcome.pdf-b. told him to lie to his parents about where he was going and/or not to tell anyone ./Mr_Shakeel_Ahmed_Professional_conduct_panel_outcome.pdf-else; ./Mr_Shakeel_Ahmed_Professional_conduct_panel_outcome.pdf- ./Mr_Shakeel_Ahmed_Professional_conduct_panel_outcome.pdf-Pupil B stated that Mr Ahmed did tell him to lie to his parents by telling them that his ./Mr_Shakeel_Ahmed_Professional_conduct_panel_outcome.pdf-friend would be going to Manchester too, when in fact, Pupil B’s friend would not be -- ./Mr_Shakeel_Ahmed_Professional_conduct_panel_outcome.pdf-Mr Ahmed had a complete disregard for the teacher pupil boundary of which he should ./Mr_Shakeel_Ahmed_Professional_conduct_panel_outcome.pdf-have been aware having attended regular training. ./Mr_Shakeel_Ahmed_Professional_conduct_panel_outcome.pdf- ./Mr_Shakeel_Ahmed_Professional_conduct_panel_outcome.pdf-The panel was satisfied that the conduct of Mr Ahmed at proved allegations 2(a), 2(b), 3, ./Mr_Shakeel_Ahmed_Professional_conduct_panel_outcome.pdf-4, 5(c)(i), 5(c)(ii), 6(a), 6(c), 6(d), 6(e), 6(f) and 6(g) fell significantly short of the standard ./Mr_Shakeel_Ahmed_Professional_conduct_panel_outcome.pdf-of behaviour expected of a teacher. ./Mr_Shakeel_Ahmed_Professional_conduct_panel_outcome.pdf- ./Mr_Shakeel_Ahmed_Professional_conduct_panel_outcome.pdf-The panel also considered whether Mr Ahmed’s conduct displayed behaviours ./Mr_Shakeel_Ahmed_Professional_conduct_panel_outcome.pdf-associated with any of the offences in the list that begins on page 12 of the Advice. ./Mr_Shakeel_Ahmed_Professional_conduct_panel_outcome.pdf- ./Mr_Shakeel_Ahmed_Professional_conduct_panel_outcome.pdf:The panel found that the offences of sexual communication with a child and sexual ./Mr_Shakeel_Ahmed_Professional_conduct_panel_outcome.pdf-activity were relevant. ./Mr_Shakeel_Ahmed_Professional_conduct_panel_outcome.pdf- ./Mr_Shakeel_Ahmed_Professional_conduct_panel_outcome.pdf-The Advice indicates that where behaviours associated with such an offence exist, a ./Mr_Shakeel_Ahmed_Professional_conduct_panel_outcome.pdf-panel is likely to conclude that an individual’s conduct would amount to unacceptable ./Mr_Shakeel_Ahmed_Professional_conduct_panel_outcome.pdf-professional conduct. ./Mr_Shakeel_Ahmed_Professional_conduct_panel_outcome.pdf- ./Mr_Shakeel_Ahmed_Professional_conduct_panel_outcome.pdf-The panel noted that the allegations 5(c)(i), 5(c)(ii), 6(a), 6(c), 6(d), 6(e), 6(f) and 6(g) ./Mr_Shakeel_Ahmed_Professional_conduct_panel_outcome.pdf-took place outside the education setting. This conduct affected the way Mr Ahmed ./Mr_Shakeel_Ahmed_Professional_conduct_panel_outcome.pdf-fulfilled his teaching role and led to pupils being exposed to, Mr Ahmed’s misconduct in a ./Mr_Shakeel_Ahmed_Professional_conduct_panel_outcome.pdf-harmful way, due to the serious nature of the misconduct, which involved conduct that ./Mr_Shakeel_Ahmed_Professional_conduct_panel_outcome.pdf:was sexually motivated and/or of a sexual nature. ./Mr_Shakeel_Ahmed_Professional_conduct_panel_outcome.pdf- ./Mr_Shakeel_Ahmed_Professional_conduct_panel_outcome.pdf-Accordingly, the panel was satisfied that Mr Ahmed was guilty of unacceptable ./Mr_Shakeel_Ahmed_Professional_conduct_panel_outcome.pdf-professional conduct in respect of proved allegations 2(a), 2(b), 3, 4, 5(c)(i), 5(c)(ii), 6(a), ./Mr_Shakeel_Ahmed_Professional_conduct_panel_outcome.pdf-6(c), 6(d), 6(e), 6(f) and 6(g). ./Mr_Shakeel_Ahmed_Professional_conduct_panel_outcome.pdf- ./Mr_Shakeel_Ahmed_Professional_conduct_panel_outcome.pdf-The panel took into account the way the teaching profession is viewed by others, the ./Mr_Shakeel_Ahmed_Professional_conduct_panel_outcome.pdf-responsibilities and duties of teachers in relation to the safeguarding and welfare of ./Mr_Shakeel_Ahmed_Professional_conduct_panel_outcome.pdf-pupils and considered the influence that teachers may have on pupils, parents and others ./Mr_Shakeel_Ahmed_Professional_conduct_panel_outcome.pdf-in the community. The panel also took account of the uniquely influential role that ./Mr_Shakeel_Ahmed_Professional_conduct_panel_outcome.pdf-teachers can hold in pupils’ lives and the fact that pupils must be able to view teachers as -- ./Mr_Shakeel_Ahmed_Professional_conduct_panel_outcome.pdf-The panel also considered whether Mr Ahmed’s conduct displayed behaviours ./Mr_Shakeel_Ahmed_Professional_conduct_panel_outcome.pdf-associated with any of the offences in the list that begins on page 12 of the Advice. ./Mr_Shakeel_Ahmed_Professional_conduct_panel_outcome.pdf- ./Mr_Shakeel_Ahmed_Professional_conduct_panel_outcome.pdf:The panel found that the offences sexual communication with a child and sexual activity ./Mr_Shakeel_Ahmed_Professional_conduct_panel_outcome.pdf-were relevant. ./Mr_Shakeel_Ahmed_Professional_conduct_panel_outcome.pdf- ./Mr_Shakeel_Ahmed_Professional_conduct_panel_outcome.pdf-The Advice indicates that where behaviours associated with such an offence exist, a ./Mr_Shakeel_Ahmed_Professional_conduct_panel_outcome.pdf-panel is likely to conclude that an individual’s conduct would amount to conduct that may ./Mr_Shakeel_Ahmed_Professional_conduct_panel_outcome.pdf-bring the profession into disrepute. ./Mr_Shakeel_Ahmed_Professional_conduct_panel_outcome.pdf- ./Mr_Shakeel_Ahmed_Professional_conduct_panel_outcome.pdf-The findings of misconduct in respect of allegations 2(a), 2(b), 3, 4, 5(c)(i), 5(c)(ii), 6(a), ./Mr_Shakeel_Ahmed_Professional_conduct_panel_outcome.pdf-6(c), 6(d), 6(e), 6(f) and 6(g) are serious, and the conduct displayed would be likely to ./Mr_Shakeel_Ahmed_Professional_conduct_panel_outcome.pdf-have a negative impact on the individual’s status as a teacher. ./Mr_Shakeel_Ahmed_Professional_conduct_panel_outcome.pdf- -- ./Mr_Shakeel_Ahmed_Professional_conduct_panel_outcome.pdf-The panel had regard to the particular public interest considerations set out in the Advice ./Mr_Shakeel_Ahmed_Professional_conduct_panel_outcome.pdf-and, having done so, found a number of them to be relevant in this case, namely, the ./Mr_Shakeel_Ahmed_Professional_conduct_panel_outcome.pdf-safeguarding and wellbeing of pupils, the maintenance of public confidence in the ./Mr_Shakeel_Ahmed_Professional_conduct_panel_outcome.pdf-profession and declaring and upholding proper standards of conduct. ./Mr_Shakeel_Ahmed_Professional_conduct_panel_outcome.pdf- ./Mr_Shakeel_Ahmed_Professional_conduct_panel_outcome.pdf:In the light of the panel’s findings against Mr Ahmed, which involved findings of sexual ./Mr_Shakeel_Ahmed_Professional_conduct_panel_outcome.pdf:motivation and conduct of a sexual nature, there was a strong public interest ./Mr_Shakeel_Ahmed_Professional_conduct_panel_outcome.pdf-consideration in respect of the safeguarding and wellbeing of pupils, given the serious ./Mr_Shakeel_Ahmed_Professional_conduct_panel_outcome.pdf-findings of his inappropriate conduct with pupils. ./Mr_Shakeel_Ahmed_Professional_conduct_panel_outcome.pdf- ./Mr_Shakeel_Ahmed_Professional_conduct_panel_outcome.pdf-Similarly, the panel considered that public confidence in the profession could be seriously ./Mr_Shakeel_Ahmed_Professional_conduct_panel_outcome.pdf-weakened if conduct such as that found against Mr Ahmed was not treated with the ./Mr_Shakeel_Ahmed_Professional_conduct_panel_outcome.pdf-utmost seriousness when regulating the conduct of the profession. ./Mr_Shakeel_Ahmed_Professional_conduct_panel_outcome.pdf- ./Mr_Shakeel_Ahmed_Professional_conduct_panel_outcome.pdf-The panel was of the view that a strong public interest consideration in declaring proper ./Mr_Shakeel_Ahmed_Professional_conduct_panel_outcome.pdf-standards of conduct in the profession was also present as the conduct found against Mr ./Mr_Shakeel_Ahmed_Professional_conduct_panel_outcome.pdf-Ahmed was outside that which could reasonably be tolerated. -- ./Mr_Shakeel_Ahmed_Professional_conduct_panel_outcome.pdf- ./Mr_Shakeel_Ahmed_Professional_conduct_panel_outcome.pdf- • serious departure from the personal and professional conduct elements of the ./Mr_Shakeel_Ahmed_Professional_conduct_panel_outcome.pdf- Teachers’ Standards; ./Mr_Shakeel_Ahmed_Professional_conduct_panel_outcome.pdf- ./Mr_Shakeel_Ahmed_Professional_conduct_panel_outcome.pdf- • misconduct seriously affecting the education and/or safeguarding and well- ./Mr_Shakeel_Ahmed_Professional_conduct_panel_outcome.pdf- being of pupils, and particularly where there is a continuing risk; ./Mr_Shakeel_Ahmed_Professional_conduct_panel_outcome.pdf- ./Mr_Shakeel_Ahmed_Professional_conduct_panel_outcome.pdf- • abuse of position or trust (particularly involving vulnerable pupils) ./Mr_Shakeel_Ahmed_Professional_conduct_panel_outcome.pdf- ./Mr_Shakeel_Ahmed_Professional_conduct_panel_outcome.pdf- • an abuse of any trust, knowledge, or influence gained through their ./Mr_Shakeel_Ahmed_Professional_conduct_panel_outcome.pdf: professional position in order to advance a romantic or sexual relationship with ./Mr_Shakeel_Ahmed_Professional_conduct_panel_outcome.pdf- a pupil or former pupil; ./Mr_Shakeel_Ahmed_Professional_conduct_panel_outcome.pdf- ./Mr_Shakeel_Ahmed_Professional_conduct_panel_outcome.pdf: • sexual misconduct, for example, involving actions that were sexually motivated ./Mr_Shakeel_Ahmed_Professional_conduct_panel_outcome.pdf: or of a sexual nature and/or that use or exploit the trust, knowledge or influence ./Mr_Shakeel_Ahmed_Professional_conduct_panel_outcome.pdf- derived from the individual’s professional position. ./Mr_Shakeel_Ahmed_Professional_conduct_panel_outcome.pdf- ./Mr_Shakeel_Ahmed_Professional_conduct_panel_outcome.pdf- ./Mr_Shakeel_Ahmed_Professional_conduct_panel_outcome.pdf- ./Mr_Shakeel_Ahmed_Professional_conduct_panel_outcome.pdf- ./Mr_Shakeel_Ahmed_Professional_conduct_panel_outcome.pdf- 22 ./Mr_Shakeel_Ahmed_Professional_conduct_panel_outcome.pdf- -- ./Mr_Shakeel_Ahmed_Professional_conduct_panel_outcome.pdf-made by the panel would be sufficient. ./Mr_Shakeel_Ahmed_Professional_conduct_panel_outcome.pdf- ./Mr_Shakeel_Ahmed_Professional_conduct_panel_outcome.pdf-The panel was of the view that, applying the standard of the ordinary intelligent citizen, it ./Mr_Shakeel_Ahmed_Professional_conduct_panel_outcome.pdf-would not be a proportionate and appropriate response to recommend no prohibition ./Mr_Shakeel_Ahmed_Professional_conduct_panel_outcome.pdf-order. Recommending that the publication of adverse findings would be sufficient would ./Mr_Shakeel_Ahmed_Professional_conduct_panel_outcome.pdf-unacceptably compromise the public interest considerations present in this case, despite ./Mr_Shakeel_Ahmed_Professional_conduct_panel_outcome.pdf-the severity of the consequences for Mr Ahmed of prohibition. ./Mr_Shakeel_Ahmed_Professional_conduct_panel_outcome.pdf- ./Mr_Shakeel_Ahmed_Professional_conduct_panel_outcome.pdf-The panel was of the view that prohibition was both proportionate and appropriate. The ./Mr_Shakeel_Ahmed_Professional_conduct_panel_outcome.pdf-panel decided that the public interest considerations outweighed the interests of Mr ./Mr_Shakeel_Ahmed_Professional_conduct_panel_outcome.pdf:Ahmed. The serious nature of his misconduct, which included findings of sexual ./Mr_Shakeel_Ahmed_Professional_conduct_panel_outcome.pdf-motivation and the impact that the behaviour had on the pupils, were significant factors in ./Mr_Shakeel_Ahmed_Professional_conduct_panel_outcome.pdf-forming that opinion. Pupil B stated “ever since that day I have led a miserable life, he ./Mr_Shakeel_Ahmed_Professional_conduct_panel_outcome.pdf-has stolen my happiness and I feel constantly depressed”. Pupil A stated “since the trial, I ./Mr_Shakeel_Ahmed_Professional_conduct_panel_outcome.pdf-have changed a lot as a person. I am always moody or just angry at everything and my ./Mr_Shakeel_Ahmed_Professional_conduct_panel_outcome.pdf-ability to trust people has diminished.” Accordingly, the panel made a recommendation to ./Mr_Shakeel_Ahmed_Professional_conduct_panel_outcome.pdf-the Secretary of State that a prohibition order should be imposed with immediate effect. ./Mr_Shakeel_Ahmed_Professional_conduct_panel_outcome.pdf- ./Mr_Shakeel_Ahmed_Professional_conduct_panel_outcome.pdf-The panel went on to consider whether or not it would be appropriate for it to decide to ./Mr_Shakeel_Ahmed_Professional_conduct_panel_outcome.pdf-recommend a review period of the order. The panel was mindful that the Advice states ./Mr_Shakeel_Ahmed_Professional_conduct_panel_outcome.pdf-that a prohibition order applies for life, but there may be circumstances, in any given ./Mr_Shakeel_Ahmed_Professional_conduct_panel_outcome.pdf-case, that may make it appropriate to allow a teacher to apply to have the prohibition ./Mr_Shakeel_Ahmed_Professional_conduct_panel_outcome.pdf-order reviewed after a specified period of time that may not be less than 2 years. ./Mr_Shakeel_Ahmed_Professional_conduct_panel_outcome.pdf- ./Mr_Shakeel_Ahmed_Professional_conduct_panel_outcome.pdf-The Advice indicates that there are cases involving certain conduct where it is likely that ./Mr_Shakeel_Ahmed_Professional_conduct_panel_outcome.pdf-the public interest will have greater relevance and weigh in favour of not offering a review ./Mr_Shakeel_Ahmed_Professional_conduct_panel_outcome.pdf:period. These cases include serious sexual misconduct, e.g. where the act was sexually ./Mr_Shakeel_Ahmed_Professional_conduct_panel_outcome.pdf-motivated and resulted in, or had the potential to result in, harm to a person or persons, ./Mr_Shakeel_Ahmed_Professional_conduct_panel_outcome.pdf-particularly where the individual has used his professional position to influence or exploit ./Mr_Shakeel_Ahmed_Professional_conduct_panel_outcome.pdf:a person or persons and any sexual misconduct involving a child. The panel found that ./Mr_Shakeel_Ahmed_Professional_conduct_panel_outcome.pdf:Mr Ahmed’s conduct was sexually motivated and of a sexual nature in respect of proved ./Mr_Shakeel_Ahmed_Professional_conduct_panel_outcome.pdf-allegations 4, 5(c)(i), 5(c)(ii), 6(a), 6(c), 6(d), 6(e), 6(f) and 6(g) which clearly link to the ./Mr_Shakeel_Ahmed_Professional_conduct_panel_outcome.pdf-conduct as set out in the Advice. ./Mr_Shakeel_Ahmed_Professional_conduct_panel_outcome.pdf- ./Mr_Shakeel_Ahmed_Professional_conduct_panel_outcome.pdf-As noted above, the panel noted that Mr Ahmed did sincerely apologise for the conduct ./Mr_Shakeel_Ahmed_Professional_conduct_panel_outcome.pdf-that he admitted to and noted the events [redacted]. However, the panel did not consider ./Mr_Shakeel_Ahmed_Professional_conduct_panel_outcome.pdf-that Mr Ahmed showed the expected level of insight as he stated that “I am also never ./Mr_Shakeel_Ahmed_Professional_conduct_panel_outcome.pdf-going back into the teaching profession or working with children again so really do not ./Mr_Shakeel_Ahmed_Professional_conduct_panel_outcome.pdf-care about what ever decision you make.” The panel did not consider that Mr Ahmed had ./Mr_Shakeel_Ahmed_Professional_conduct_panel_outcome.pdf-any remorse for his conduct. The panel noted the significant and distressing impact his ./Mr_Shakeel_Ahmed_Professional_conduct_panel_outcome.pdf-conduct had on the lives of Pupil A and Pupil B. -- ./Mr_Shakeel_Ahmed_Professional_conduct_panel_outcome.pdf-The panel finds that the conduct of Mr Ahmed fell significantly short of the standards ./Mr_Shakeel_Ahmed_Professional_conduct_panel_outcome.pdf-expected of the profession. ./Mr_Shakeel_Ahmed_Professional_conduct_panel_outcome.pdf- ./Mr_Shakeel_Ahmed_Professional_conduct_panel_outcome.pdf-The findings of misconduct are particularly serious as they include inappropriate conduct ./Mr_Shakeel_Ahmed_Professional_conduct_panel_outcome.pdf:with pupils, which involved findings of sexual motivation and conduct of a sexual nature. ./Mr_Shakeel_Ahmed_Professional_conduct_panel_outcome.pdf- ./Mr_Shakeel_Ahmed_Professional_conduct_panel_outcome.pdf-I have to determine whether the imposition of a prohibition order is proportionate and in ./Mr_Shakeel_Ahmed_Professional_conduct_panel_outcome.pdf-the public interest. In considering that for this case, I have considered the overall aim of a ./Mr_Shakeel_Ahmed_Professional_conduct_panel_outcome.pdf-prohibition order which is to protect pupils and to maintain public confidence in the ./Mr_Shakeel_Ahmed_Professional_conduct_panel_outcome.pdf-profession. I have considered the extent to which a prohibition order in this case would ./Mr_Shakeel_Ahmed_Professional_conduct_panel_outcome.pdf-achieve that aim taking into account the impact that it will have on the individual teacher. ./Mr_Shakeel_Ahmed_Professional_conduct_panel_outcome.pdf-I have also asked myself, whether a less intrusive measure, such as the published ./Mr_Shakeel_Ahmed_Professional_conduct_panel_outcome.pdf-finding of unacceptable professional conduct and conduct that may bring the profession ./Mr_Shakeel_Ahmed_Professional_conduct_panel_outcome.pdf-into disrepute, would itself be sufficient to achieve the overall aim. I have to consider ./Mr_Shakeel_Ahmed_Professional_conduct_panel_outcome.pdf-whether the consequences of such a publication are themselves sufficient. I have ./Mr_Shakeel_Ahmed_Professional_conduct_panel_outcome.pdf-considered therefore whether or not prohibiting Mr Ahmed, and the impact that will have ./Mr_Shakeel_Ahmed_Professional_conduct_panel_outcome.pdf-on him, is proportionate and in the public interest. ./Mr_Shakeel_Ahmed_Professional_conduct_panel_outcome.pdf- ./Mr_Shakeel_Ahmed_Professional_conduct_panel_outcome.pdf-In this case, I have considered the extent to which a prohibition order would protect ./Mr_Shakeel_Ahmed_Professional_conduct_panel_outcome.pdf-children. The panel has observed, “In the light of the panel’s findings against Mr Ahmed, ./Mr_Shakeel_Ahmed_Professional_conduct_panel_outcome.pdf:which involved findings of sexual motivation and conduct of a sexual nature, there was a ./Mr_Shakeel_Ahmed_Professional_conduct_panel_outcome.pdf-strong public interest consideration in respect of the safeguarding and wellbeing of ./Mr_Shakeel_Ahmed_Professional_conduct_panel_outcome.pdf-pupils, given the serious findings of his inappropriate conduct with pupils.” A prohibition ./Mr_Shakeel_Ahmed_Professional_conduct_panel_outcome.pdf-order would therefore prevent such a risk from being present in the future. ./Mr_Shakeel_Ahmed_Professional_conduct_panel_outcome.pdf- ./Mr_Shakeel_Ahmed_Professional_conduct_panel_outcome.pdf-I have also taken into account the panel’s comments on insight and remorse, which the ./Mr_Shakeel_Ahmed_Professional_conduct_panel_outcome.pdf-panel sets out as follows, “the panel noted that Mr Ahmed did sincerely apologise for the ./Mr_Shakeel_Ahmed_Professional_conduct_panel_outcome.pdf-conduct that he admitted to and noted the events [redacted].” However, the panel did not ./Mr_Shakeel_Ahmed_Professional_conduct_panel_outcome.pdf-consider that Mr Ahmed showed the expected level of insight as he stated that “I am also ./Mr_Shakeel_Ahmed_Professional_conduct_panel_outcome.pdf-never going back into the teaching profession or working with children again so really do ./Mr_Shakeel_Ahmed_Professional_conduct_panel_outcome.pdf-not care about what ever decision you make.” The panel did not consider that Mr Ahmed ./Mr_Shakeel_Ahmed_Professional_conduct_panel_outcome.pdf-had any remorse for his conduct. The panel noted the significant and distressing impact ./Mr_Shakeel_Ahmed_Professional_conduct_panel_outcome.pdf-his conduct had on the “lives of Pupil A and Pupil B.” In my judgement, the lack of full ./Mr_Shakeel_Ahmed_Professional_conduct_panel_outcome.pdf-insight and remorse means that there is some risk of the repetition of this behaviour and ./Mr_Shakeel_Ahmed_Professional_conduct_panel_outcome.pdf-this puts at risk future pupils’ wellbeing. I have therefore given this element considerable ./Mr_Shakeel_Ahmed_Professional_conduct_panel_outcome.pdf-weight in reaching my decision. ./Mr_Shakeel_Ahmed_Professional_conduct_panel_outcome.pdf- ./Mr_Shakeel_Ahmed_Professional_conduct_panel_outcome.pdf-I have gone on to consider the extent to which a prohibition order would maintain public ./Mr_Shakeel_Ahmed_Professional_conduct_panel_outcome.pdf-confidence in the profession. The panel observe, “the panel considered that public ./Mr_Shakeel_Ahmed_Professional_conduct_panel_outcome.pdf-confidence in the profession could be seriously weakened if conduct such as that found ./Mr_Shakeel_Ahmed_Professional_conduct_panel_outcome.pdf-against Mr Ahmed was not treated with the utmost seriousness when regulating the ./Mr_Shakeel_Ahmed_Professional_conduct_panel_outcome.pdf:conduct of the profession.” I am particularly mindful of the finding of sexual motivation ./Mr_Shakeel_Ahmed_Professional_conduct_panel_outcome.pdf:and conduct of a sexual nature in this case and the impact that such a finding has on the ./Mr_Shakeel_Ahmed_Professional_conduct_panel_outcome.pdf-reputation of the profession. ./Mr_Shakeel_Ahmed_Professional_conduct_panel_outcome.pdf- ./Mr_Shakeel_Ahmed_Professional_conduct_panel_outcome.pdf- ./Mr_Shakeel_Ahmed_Professional_conduct_panel_outcome.pdf- 26 ./Mr_Shakeel_Ahmed_Professional_conduct_panel_outcome.pdf- -- ./Mr_Shakeel_Ahmed_Professional_conduct_panel_outcome.pdf-colleagues and pupils.” The panel also commented “the statements were provided over ./Mr_Shakeel_Ahmed_Professional_conduct_panel_outcome.pdf-six years ago. The statements were not intended for use in these proceedings. ./Mr_Shakeel_Ahmed_Professional_conduct_panel_outcome.pdf-Accordingly, therefore, the panel did not attach any weight to the statements.” ./Mr_Shakeel_Ahmed_Professional_conduct_panel_outcome.pdf- ./Mr_Shakeel_Ahmed_Professional_conduct_panel_outcome.pdf-A prohibition order would prevent Mr Ahmed from teaching. A prohibition order would ./Mr_Shakeel_Ahmed_Professional_conduct_panel_outcome.pdf-also clearly deprive the public of his contribution to the profession for the period that it is ./Mr_Shakeel_Ahmed_Professional_conduct_panel_outcome.pdf-in force. ./Mr_Shakeel_Ahmed_Professional_conduct_panel_outcome.pdf- ./Mr_Shakeel_Ahmed_Professional_conduct_panel_outcome.pdf-In this case, I have placed considerable weight on the panel’s comments “The panel ./Mr_Shakeel_Ahmed_Professional_conduct_panel_outcome.pdf-decided that the public interest considerations outweighed the interests of Mr Ahmed. ./Mr_Shakeel_Ahmed_Professional_conduct_panel_outcome.pdf:The serious nature of his misconduct, which included findings of sexual motivation and ./Mr_Shakeel_Ahmed_Professional_conduct_panel_outcome.pdf-the impact that the behaviour had on the pupils, were significant factors in forming” that ./Mr_Shakeel_Ahmed_Professional_conduct_panel_outcome.pdf-opinion. Pupil B stated “ever since that day I have led a miserable life, he has stolen my ./Mr_Shakeel_Ahmed_Professional_conduct_panel_outcome.pdf-happiness and I feel constantly depressed”. Pupil A stated “since the trial, I have ./Mr_Shakeel_Ahmed_Professional_conduct_panel_outcome.pdf-changed a lot as a person. I am always moody or just angry at everything and my ability ./Mr_Shakeel_Ahmed_Professional_conduct_panel_outcome.pdf-to trust people has diminished.” Accordingly, the panel made a recommendation to the ./Mr_Shakeel_Ahmed_Professional_conduct_panel_outcome.pdf-Secretary of State that a prohibition order should be imposed with immediate effect. ./Mr_Shakeel_Ahmed_Professional_conduct_panel_outcome.pdf- ./Mr_Shakeel_Ahmed_Professional_conduct_panel_outcome.pdf-I have also placed considerable weight on the following comment “The panel considered ./Mr_Shakeel_Ahmed_Professional_conduct_panel_outcome.pdf-carefully the seriousness of the behaviour, noting that the Advice states that the ./Mr_Shakeel_Ahmed_Professional_conduct_panel_outcome.pdf-expectation of both the public and pupils, is that members of the teaching profession -- ./Mr_Shakeel_Ahmed_Professional_conduct_panel_outcome.pdf- ./Mr_Shakeel_Ahmed_Professional_conduct_panel_outcome.pdf-For these reasons, I have concluded that a prohibition order is proportionate and in the ./Mr_Shakeel_Ahmed_Professional_conduct_panel_outcome.pdf-public interest in order to achieve the intended aims of a prohibition order. ./Mr_Shakeel_Ahmed_Professional_conduct_panel_outcome.pdf- ./Mr_Shakeel_Ahmed_Professional_conduct_panel_outcome.pdf-I have gone on to consider the matter of a review period. In this case, the panel has ./Mr_Shakeel_Ahmed_Professional_conduct_panel_outcome.pdf-recommended that no provision should be made for a review period. ./Mr_Shakeel_Ahmed_Professional_conduct_panel_outcome.pdf- ./Mr_Shakeel_Ahmed_Professional_conduct_panel_outcome.pdf-I have considered the panel’s comments “The Advice indicates that there are cases ./Mr_Shakeel_Ahmed_Professional_conduct_panel_outcome.pdf-involving certain conduct where it is likely that the public interest will have greater ./Mr_Shakeel_Ahmed_Professional_conduct_panel_outcome.pdf-relevance and weigh in favour of not offering a review period. These cases include ./Mr_Shakeel_Ahmed_Professional_conduct_panel_outcome.pdf:serious sexual misconduct, e.g. where the act was sexually motivated and resulted in, or ./Mr_Shakeel_Ahmed_Professional_conduct_panel_outcome.pdf-had the potential to result in, harm to a person or persons, particularly where the ./Mr_Shakeel_Ahmed_Professional_conduct_panel_outcome.pdf-individual has used his professional position to influence or exploit a person or persons ./Mr_Shakeel_Ahmed_Professional_conduct_panel_outcome.pdf:and any sexual misconduct involving a child. The panel found that Mr Ahmed’s conduct ./Mr_Shakeel_Ahmed_Professional_conduct_panel_outcome.pdf:was sexually motivated and of a sexual nature in respect of proved allegations 4, 5(c)(i), ./Mr_Shakeel_Ahmed_Professional_conduct_panel_outcome.pdf-5(c)(ii), 6(a), 6(c), 6(d), 6(e), 6(f) and 6(g) which clearly link to the conduct as set out in ./Mr_Shakeel_Ahmed_Professional_conduct_panel_outcome.pdf-the Advice.” ./Mr_Shakeel_Ahmed_Professional_conduct_panel_outcome.pdf- ./Mr_Shakeel_Ahmed_Professional_conduct_panel_outcome.pdf-I have considered whether no review period reflects the seriousness of the findings and ./Mr_Shakeel_Ahmed_Professional_conduct_panel_outcome.pdf-is a proportionate period to achieve the aim of maintaining public confidence in the ./Mr_Shakeel_Ahmed_Professional_conduct_panel_outcome.pdf-profession. In this case, factors mean that allowing a review period is not sufficient to ./Mr_Shakeel_Ahmed_Professional_conduct_panel_outcome.pdf-achieve the aim of maintaining public confidence in the profession. These elements are ./Mr_Shakeel_Ahmed_Professional_conduct_panel_outcome.pdf-the seriousness of the allegations found proven and the lack of either insight or remorse. ./Mr_Shakeel_Ahmed_Professional_conduct_panel_outcome.pdf- ./Mr_Shakeel_Ahmed_Professional_conduct_panel_outcome.pdf-I consider therefore that allowing for no review period is necessary to maintain public ./Mr_Simon_Adrian_Smith__14639__-_SoS_WEB_decision.pdf- h. Nervous young virgins seduced by sexy mature housewife ./Mr_Simon_Adrian_Smith__14639__-_SoS_WEB_decision.pdf- ./Mr_Simon_Adrian_Smith__14639__-_SoS_WEB_decision.pdf- i. Mastram sex scene with his teacher ./Mr_Simon_Adrian_Smith__14639__-_SoS_WEB_decision.pdf- ./Mr_Simon_Adrian_Smith__14639__-_SoS_WEB_decision.pdf- j. Betsy Russell private school nudes ./Mr_Simon_Adrian_Smith__14639__-_SoS_WEB_decision.pdf- ./Mr_Simon_Adrian_Smith__14639__-_SoS_WEB_decision.pdf- k. Son seduces his mum to have sex ./Mr_Simon_Adrian_Smith__14639__-_SoS_WEB_decision.pdf- ./Mr_Simon_Adrian_Smith__14639__-_SoS_WEB_decision.pdf- l. Mom seducing her step son for sex father not at home short films ./Mr_Simon_Adrian_Smith__14639__-_SoS_WEB_decision.pdf- ./Mr_Simon_Adrian_Smith__14639__-_SoS_WEB_decision.pdf: 2. One or more of the items in allegation 1 were pornographic; ./Mr_Simon_Adrian_Smith__14639__-_SoS_WEB_decision.pdf- ./Mr_Simon_Adrian_Smith__14639__-_SoS_WEB_decision.pdf- 3. One of more of the items in allegation 1 and/or 2 were accessed during ./Mr_Simon_Adrian_Smith__14639__-_SoS_WEB_decision.pdf- teaching periods. ./Mr_Simon_Adrian_Smith__14639__-_SoS_WEB_decision.pdf- ./Mr_Simon_Adrian_Smith__14639__-_SoS_WEB_decision.pdf-In the agreed statement of facts, Mr Smith admitted the facts of the allegations and that ./Mr_Simon_Adrian_Smith__14639__-_SoS_WEB_decision.pdf-they amounted to unacceptable professional conduct and conduct which may bring the ./Mr_Simon_Adrian_Smith__14639__-_SoS_WEB_decision.pdf-profession into disrepute. ./Mr_Simon_Adrian_Smith__14639__-_SoS_WEB_decision.pdf- ./Mr_Simon_Adrian_Smith__14639__-_SoS_WEB_decision.pdf- ./Mr_Simon_Adrian_Smith__14639__-_SoS_WEB_decision.pdf-C. Preliminary applications -- ./Mr_Simon_Adrian_Smith__14639__-_SoS_WEB_decision.pdf- ./Mr_Simon_Adrian_Smith__14639__-_SoS_WEB_decision.pdf-E. Decision and reasons ./Mr_Simon_Adrian_Smith__14639__-_SoS_WEB_decision.pdf-The panel announced its decision and reasons as follows: ./Mr_Simon_Adrian_Smith__14639__-_SoS_WEB_decision.pdf- ./Mr_Simon_Adrian_Smith__14639__-_SoS_WEB_decision.pdf-We have carefully considered the case before us and have reached a decision. ./Mr_Simon_Adrian_Smith__14639__-_SoS_WEB_decision.pdf- ./Mr_Simon_Adrian_Smith__14639__-_SoS_WEB_decision.pdf-We confirm that we have read all the documents provided in the bundle in advance of the ./Mr_Simon_Adrian_Smith__14639__-_SoS_WEB_decision.pdf-hearing. ./Mr_Simon_Adrian_Smith__14639__-_SoS_WEB_decision.pdf- ./Mr_Simon_Adrian_Smith__14639__-_SoS_WEB_decision.pdf-Mr Smith was employed as a teacher at Wyvern College from 1 September 1978. On 30 ./Mr_Simon_Adrian_Smith__14639__-_SoS_WEB_decision.pdf:June 2015 an allegation was made that Mr Smith has been accessing pornography using ./Mr_Simon_Adrian_Smith__14639__-_SoS_WEB_decision.pdf-school equipment and during school time. ./Mr_Simon_Adrian_Smith__14639__-_SoS_WEB_decision.pdf- ./Mr_Simon_Adrian_Smith__14639__-_SoS_WEB_decision.pdf-On 3 July 2015 Wiltshire Police were contacted regarding the matter, following which a ./Mr_Simon_Adrian_Smith__14639__-_SoS_WEB_decision.pdf-LADO referral was made on 6 July 2015. Following a disciplinary hearing on 12 October ./Mr_Simon_Adrian_Smith__14639__-_SoS_WEB_decision.pdf-2015 Mr Smith was dismissed from his position on 14 October 2015. ./Mr_Simon_Adrian_Smith__14639__-_SoS_WEB_decision.pdf- ./Mr_Simon_Adrian_Smith__14639__-_SoS_WEB_decision.pdf- ./Mr_Simon_Adrian_Smith__14639__-_SoS_WEB_decision.pdf- ./Mr_Simon_Adrian_Smith__14639__-_SoS_WEB_decision.pdf- ./Mr_Simon_Adrian_Smith__14639__-_SoS_WEB_decision.pdf- 5 -- ./Mr_Simon_Adrian_Smith__14639__-_SoS_WEB_decision.pdf- l. Mom seducing her step son for sex father not at home short films ./Mr_Simon_Adrian_Smith__14639__-_SoS_WEB_decision.pdf- ./Mr_Simon_Adrian_Smith__14639__-_SoS_WEB_decision.pdf-In respect of allegations 1 a – l above, in his response (dated 15 April 2016) to the Notice ./Mr_Simon_Adrian_Smith__14639__-_SoS_WEB_decision.pdf-of Referral letter dated 11 April 2016, Mr Smith stated that he admitted the allegations set ./Mr_Simon_Adrian_Smith__14639__-_SoS_WEB_decision.pdf-out in the Notice of Referral letter, which include these allegations. In a Statement of ./Mr_Simon_Adrian_Smith__14639__-_SoS_WEB_decision.pdf-Agreed Facts signed by Mr Smith on 10 August 2016, he again admitted these ./Mr_Simon_Adrian_Smith__14639__-_SoS_WEB_decision.pdf-allegations. ./Mr_Simon_Adrian_Smith__14639__-_SoS_WEB_decision.pdf- ./Mr_Simon_Adrian_Smith__14639__-_SoS_WEB_decision.pdf-The panel therefore finds these allegations proved. ./Mr_Simon_Adrian_Smith__14639__-_SoS_WEB_decision.pdf- ./Mr_Simon_Adrian_Smith__14639__-_SoS_WEB_decision.pdf: 2. One or more of the items in allegation 1 were pornographic; ./Mr_Simon_Adrian_Smith__14639__-_SoS_WEB_decision.pdf- ./Mr_Simon_Adrian_Smith__14639__-_SoS_WEB_decision.pdf-In his response (dated 15 April 2016) to the Notice of Referral letter dated 11 April 2016, ./Mr_Simon_Adrian_Smith__14639__-_SoS_WEB_decision.pdf-Mr Smith stated that he admitted the allegations set out in the Notice of Referral letter, ./Mr_Simon_Adrian_Smith__14639__-_SoS_WEB_decision.pdf- ./Mr_Simon_Adrian_Smith__14639__-_SoS_WEB_decision.pdf- ./Mr_Simon_Adrian_Smith__14639__-_SoS_WEB_decision.pdf- ./Mr_Simon_Adrian_Smith__14639__-_SoS_WEB_decision.pdf- 6 ./Mr_Simon_Adrian_Smith__14639__-_SoS_WEB_decision.pdf- -- ./Mr_Simon_Adrian_Smith__14639__-_SoS_WEB_decision.pdf-which include this allegation. In a Statement of Agreed Facts signed by Mr Smith on 10 ./Mr_Simon_Adrian_Smith__14639__-_SoS_WEB_decision.pdf-August 2016, he again admitted this allegation. ./Mr_Simon_Adrian_Smith__14639__-_SoS_WEB_decision.pdf- ./Mr_Simon_Adrian_Smith__14639__-_SoS_WEB_decision.pdf-Additionally, the panel decided that it was reasonable to conclude that the content ./Mr_Simon_Adrian_Smith__14639__-_SoS_WEB_decision.pdf:identified in allegations 1 a – l satisfied the the definition of ‘pornographic’ used at ./Mr_Simon_Adrian_Smith__14639__-_SoS_WEB_decision.pdf-paragraph three of the Statement of Agreed Facts, signed by Mr Smith on 10 August ./Mr_Simon_Adrian_Smith__14639__-_SoS_WEB_decision.pdf-2016. ./Mr_Simon_Adrian_Smith__14639__-_SoS_WEB_decision.pdf- ./Mr_Simon_Adrian_Smith__14639__-_SoS_WEB_decision.pdf-The panel therefore finds this allegation proved. ./Mr_Simon_Adrian_Smith__14639__-_SoS_WEB_decision.pdf- ./Mr_Simon_Adrian_Smith__14639__-_SoS_WEB_decision.pdf- 3. One of more of the items in allegation 1 and/or 2 were accessed during ./Mr_Simon_Adrian_Smith__14639__-_SoS_WEB_decision.pdf- teaching periods. ./Mr_Simon_Adrian_Smith__14639__-_SoS_WEB_decision.pdf- ./Mr_Simon_Adrian_Smith__14639__-_SoS_WEB_decision.pdf-In his response (dated 15 April 2016) to the Notice of Referral letter dated 11 April 2016, ./Mr_Simon_Adrian_Smith__14639__-_SoS_WEB_decision.pdf-Mr Smith stated that he admitted the allegations set out in the Notice of Referral letter, -- ./Mr_Simon_Adrian_Smith__14639__-_SoS_WEB_decision.pdf-measure, and whether it is in the public interest to do so. Prohibition orders should not be ./Mr_Simon_Adrian_Smith__14639__-_SoS_WEB_decision.pdf-given in order to be punitive, or to show that blame has been apportioned, although they ./Mr_Simon_Adrian_Smith__14639__-_SoS_WEB_decision.pdf-are likely to have a punitive effect. ./Mr_Simon_Adrian_Smith__14639__-_SoS_WEB_decision.pdf- ./Mr_Simon_Adrian_Smith__14639__-_SoS_WEB_decision.pdf-The panel has considered the particular public interest considerations set out in the ./Mr_Simon_Adrian_Smith__14639__-_SoS_WEB_decision.pdf-Advice and having done so has found a number of them to be relevant in this case, ./Mr_Simon_Adrian_Smith__14639__-_SoS_WEB_decision.pdf-namely: the protection of pupils; the maintenance of public confidence in the profession; ./Mr_Simon_Adrian_Smith__14639__-_SoS_WEB_decision.pdf-and declaring and upholding proper standards of conduct. ./Mr_Simon_Adrian_Smith__14639__-_SoS_WEB_decision.pdf- ./Mr_Simon_Adrian_Smith__14639__-_SoS_WEB_decision.pdf-In light of the panel’s findings against Mr Smith, which involved accessing and viewing ./Mr_Simon_Adrian_Smith__14639__-_SoS_WEB_decision.pdf:pornographic material using school equipment and during the school day, there is a ./Mr_Simon_Adrian_Smith__14639__-_SoS_WEB_decision.pdf-strong public interest consideration in respect of the protection of pupils. ./Mr_Simon_Adrian_Smith__14639__-_SoS_WEB_decision.pdf- ./Mr_Simon_Adrian_Smith__14639__-_SoS_WEB_decision.pdf-Similarly, the panel considers that public confidence in the profession could be seriously ./Mr_Simon_Adrian_Smith__14639__-_SoS_WEB_decision.pdf-weakened if conduct such as that found against Mr Smith were not treated with the ./Mr_Simon_Adrian_Smith__14639__-_SoS_WEB_decision.pdf-utmost seriousness when regulating the conduct of the profession. ./Mr_Simon_Adrian_Smith__14639__-_SoS_WEB_decision.pdf- ./Mr_Simon_Adrian_Smith__14639__-_SoS_WEB_decision.pdf- ./Mr_Simon_Adrian_Smith__14639__-_SoS_WEB_decision.pdf- 8 ./Mr_Simon_Adrian_Smith__14639__-_SoS_WEB_decision.pdf- ./Mr_Simon_Pratt__15047_-SoS_Decision_for_WEB.pdf- (a) drafting and / or sending a letter and / or email to Pupil A which expressed ./Mr_Simon_Pratt__15047_-SoS_Decision_for_WEB.pdf- his feelings towards / about her; ./Mr_Simon_Pratt__15047_-SoS_Decision_for_WEB.pdf- ./Mr_Simon_Pratt__15047_-SoS_Decision_for_WEB.pdf- (b) exchanged one or more text messages with her; ./Mr_Simon_Pratt__15047_-SoS_Decision_for_WEB.pdf- ./Mr_Simon_Pratt__15047_-SoS_Decision_for_WEB.pdf- (c) exchanging one or more emails with her; ./Mr_Simon_Pratt__15047_-SoS_Decision_for_WEB.pdf- ./Mr_Simon_Pratt__15047_-SoS_Decision_for_WEB.pdf- (d) asked her to go on a trip with him in his car that was unrelated to his ./Mr_Simon_Pratt__15047_-SoS_Decision_for_WEB.pdf- teacher-pupil relationship and / or without her parents' consent. ./Mr_Simon_Pratt__15047_-SoS_Decision_for_WEB.pdf- ./Mr_Simon_Pratt__15047_-SoS_Decision_for_WEB.pdf:2 His behaviour as may be found proven at allegation 1 above was sexually ./Mr_Simon_Pratt__15047_-SoS_Decision_for_WEB.pdf- motivated. ./Mr_Simon_Pratt__15047_-SoS_Decision_for_WEB.pdf- ./Mr_Simon_Pratt__15047_-SoS_Decision_for_WEB.pdf-3 He demonstrated a lack of integrity in that he: ./Mr_Simon_Pratt__15047_-SoS_Decision_for_WEB.pdf- ./Mr_Simon_Pratt__15047_-SoS_Decision_for_WEB.pdf- (a) attempted to establish a more secretive means of communication with ./Mr_Simon_Pratt__15047_-SoS_Decision_for_WEB.pdf- Pupil A ./Mr_Simon_Pratt__15047_-SoS_Decision_for_WEB.pdf- ./Mr_Simon_Pratt__15047_-SoS_Decision_for_WEB.pdf- (b) asked her to delete one or more of the messages he had sent. ./Mr_Simon_Pratt__15047_-SoS_Decision_for_WEB.pdf- ./Mr_Simon_Pratt__15047_-SoS_Decision_for_WEB.pdf-Mr Pratt admitted the facts of limbs 1 a), b) and c) but did not admit that such behaviour -- ./Mr_Simon_Pratt__15047_-SoS_Decision_for_WEB.pdf-The letter is lengthy and contains numerous personal references to his relationship with ./Mr_Simon_Pratt__15047_-SoS_Decision_for_WEB.pdf-Pupil A. Direct reference is made to the personal issues which Pupil A had discussed with ./Mr_Simon_Pratt__15047_-SoS_Decision_for_WEB.pdf-Mr Pratt. Furthermore, Mr Pratt makes extensive reference to Pupil A's physical ./Mr_Simon_Pratt__15047_-SoS_Decision_for_WEB.pdf-appearance, such as her eyes, lips, skin, legs and clothing. ./Mr_Simon_Pratt__15047_-SoS_Decision_for_WEB.pdf- ./Mr_Simon_Pratt__15047_-SoS_Decision_for_WEB.pdf-Mr Pratt states that he is in love with Pupil A (page 102) and that she has "always been in ./Mr_Simon_Pratt__15047_-SoS_Decision_for_WEB.pdf-my heart" (page 103). Mr Pratt expresses his wish to touch, snuggle and kiss Pupil A. ./Mr_Simon_Pratt__15047_-SoS_Decision_for_WEB.pdf- ./Mr_Simon_Pratt__15047_-SoS_Decision_for_WEB.pdf-The panel is satisfied on the balance of probabilities that Mr Pratt sent the letter in question ./Mr_Simon_Pratt__15047_-SoS_Decision_for_WEB.pdf:to Pupil A. The letter is highly personal in nature and contains sexualised references to ./Mr_Simon_Pratt__15047_-SoS_Decision_for_WEB.pdf-romantic and social encounters, physical contact with Pupil A, and Mr Pratt's personal ./Mr_Simon_Pratt__15047_-SoS_Decision_for_WEB.pdf-feelings towards her. The drafting and the sending of the letter was in clear breach of the ./Mr_Simon_Pratt__15047_-SoS_Decision_for_WEB.pdf-school's policy and represents an obvious and clear failure on Mr Pratt's part to maintain ./Mr_Simon_Pratt__15047_-SoS_Decision_for_WEB.pdf-appropriate professional boundaries. The panel is satisfied that allegation 1 a) is proved. ./Mr_Simon_Pratt__15047_-SoS_Decision_for_WEB.pdf- ./Mr_Simon_Pratt__15047_-SoS_Decision_for_WEB.pdf-Allegation 1 b) ./Mr_Simon_Pratt__15047_-SoS_Decision_for_WEB.pdf- ./Mr_Simon_Pratt__15047_-SoS_Decision_for_WEB.pdf-Pupil A gave clear evidence that there were text exchanges with Mr Pratt. In the course of ./Mr_Simon_Pratt__15047_-SoS_Decision_for_WEB.pdf-the investigation, Mr Pratt also admitted that there were text exchanges between them ./Mr_Simon_Pratt__15047_-SoS_Decision_for_WEB.pdf-(page 124). -- ./Mr_Simon_Pratt__15047_-SoS_Decision_for_WEB.pdf-The panel noted that Pupil A did not mention this invitation when she was first asked about ./Mr_Simon_Pratt__15047_-SoS_Decision_for_WEB.pdf-it during the investigation. Pupil A was questioned about this and gave a clear explanation ./Mr_Simon_Pratt__15047_-SoS_Decision_for_WEB.pdf-as to why she had not done so. The Panel accepted this explanation and on this point, ./Mr_Simon_Pratt__15047_-SoS_Decision_for_WEB.pdf-preferred the evidence of Pupil A to Mr Pratt. ./Mr_Simon_Pratt__15047_-SoS_Decision_for_WEB.pdf- ./Mr_Simon_Pratt__15047_-SoS_Decision_for_WEB.pdf-The panel was satisfied on the balance of probabilities that Mr Pratt invited Pupil A on a ./Mr_Simon_Pratt__15047_-SoS_Decision_for_WEB.pdf-trip unrelated to teaching activity without her parents' consent, and that this represented a ./Mr_Simon_Pratt__15047_-SoS_Decision_for_WEB.pdf-failure on his part to maintain professional boundaries. The panel is satisfied that allegation ./Mr_Simon_Pratt__15047_-SoS_Decision_for_WEB.pdf-1 d) is proved. ./Mr_Simon_Pratt__15047_-SoS_Decision_for_WEB.pdf- ./Mr_Simon_Pratt__15047_-SoS_Decision_for_WEB.pdf:2 Your behaviour as may be found proven at allegation 1 above was sexually ./Mr_Simon_Pratt__15047_-SoS_Decision_for_WEB.pdf-motivated. ./Mr_Simon_Pratt__15047_-SoS_Decision_for_WEB.pdf- ./Mr_Simon_Pratt__15047_-SoS_Decision_for_WEB.pdf-The panel considered each of the particulars found proved at allegation 1 to assess ./Mr_Simon_Pratt__15047_-SoS_Decision_for_WEB.pdf:whether they were sexually motivated. The panel received legal advice in relation to this ./Mr_Simon_Pratt__15047_-SoS_Decision_for_WEB.pdf-allegation and accepted that advice. ./Mr_Simon_Pratt__15047_-SoS_Decision_for_WEB.pdf- ./Mr_Simon_Pratt__15047_-SoS_Decision_for_WEB.pdf:The panel noted that Pupil A did not regard the letter as expressly sexual, but did find the ./Mr_Simon_Pratt__15047_-SoS_Decision_for_WEB.pdf-letter confusing, and receipt of the letter clearly caused her significant distress and concern. ./Mr_Simon_Pratt__15047_-SoS_Decision_for_WEB.pdf- ./Mr_Simon_Pratt__15047_-SoS_Decision_for_WEB.pdf-The panel regarded the letter as highly inappropriate in both tone and content. The letter ./Mr_Simon_Pratt__15047_-SoS_Decision_for_WEB.pdf-amounts to a declaration of love and appreciation of Pupil A. Whilst there are no explicit ./Mr_Simon_Pratt__15047_-SoS_Decision_for_WEB.pdf:sexual references, the panel was satisfied that elements of the letter are sexualised in ./Mr_Simon_Pratt__15047_-SoS_Decision_for_WEB.pdf-nature, and indeed numerous references are made to his desire to touch and kiss Pupil A. ./Mr_Simon_Pratt__15047_-SoS_Decision_for_WEB.pdf-Mr Pratt also refers to the "thrill" of imagining touching Pupil A's hair, and to his dreams of ./Mr_Simon_Pratt__15047_-SoS_Decision_for_WEB.pdf-kissing her. ./Mr_Simon_Pratt__15047_-SoS_Decision_for_WEB.pdf- ./Mr_Simon_Pratt__15047_-SoS_Decision_for_WEB.pdf:The panel carefully considered Mr Pratt's written submissions that he was not sexually ./Mr_Simon_Pratt__15047_-SoS_Decision_for_WEB.pdf-motivated in writing and sending the letter. Mr Pratt agreed his letter was inappropriate, but ./Mr_Simon_Pratt__15047_-SoS_Decision_for_WEB.pdf:strongly denied any sexual motivation. However, the panel considered Mr Pratt's assertion ./Mr_Simon_Pratt__15047_-SoS_Decision_for_WEB.pdf-to be incompatible with the content of the letter, and therefore the panel does not accept ./Mr_Simon_Pratt__15047_-SoS_Decision_for_WEB.pdf-his evidence on this point. ./Mr_Simon_Pratt__15047_-SoS_Decision_for_WEB.pdf- ./Mr_Simon_Pratt__15047_-SoS_Decision_for_WEB.pdf- ./Mr_Simon_Pratt__15047_-SoS_Decision_for_WEB.pdf- ./Mr_Simon_Pratt__15047_-SoS_Decision_for_WEB.pdf- 9 ./Mr_Simon_Pratt__15047_-SoS_Decision_for_WEB.pdf- -- ./Mr_Simon_Pratt__15047_-SoS_Decision_for_WEB.pdf-The panel was satisfied there were numerous references in the letter which illustrate Mr ./Mr_Simon_Pratt__15047_-SoS_Decision_for_WEB.pdf:Pratt's sexualised thoughts towards Pupil A. Whilst there is no evidence that Mr Pratt ./Mr_Simon_Pratt__15047_-SoS_Decision_for_WEB.pdf-directly propositioned Pupil A, or intended to do so, the panel is satisfied on the balance of ./Mr_Simon_Pratt__15047_-SoS_Decision_for_WEB.pdf:probabilities that Mr Pratt's actions at allegation 1 a) were sexually motivated. The panel ./Mr_Simon_Pratt__15047_-SoS_Decision_for_WEB.pdf:finds allegation 2 proved on the basis that his conduct at allegation 1 a) was sexually ./Mr_Simon_Pratt__15047_-SoS_Decision_for_WEB.pdf-motivated. ./Mr_Simon_Pratt__15047_-SoS_Decision_for_WEB.pdf- ./Mr_Simon_Pratt__15047_-SoS_Decision_for_WEB.pdf:There is no evidence that the text messages contained any sexual content or were ./Mr_Simon_Pratt__15047_-SoS_Decision_for_WEB.pdf:motivated by an attempt to secure sexual gratification. The panel is thus not satisfied that ./Mr_Simon_Pratt__15047_-SoS_Decision_for_WEB.pdf:Mr Pratt's actions at allegation 1 b) were sexually motivated. ./Mr_Simon_Pratt__15047_-SoS_Decision_for_WEB.pdf- ./Mr_Simon_Pratt__15047_-SoS_Decision_for_WEB.pdf-There is no evidence that the emails, beyond the email which sent the letter which has ./Mr_Simon_Pratt__15047_-SoS_Decision_for_WEB.pdf:been addressed already above, contained any sexual content, or were motivated by an ./Mr_Simon_Pratt__15047_-SoS_Decision_for_WEB.pdf:attempt to secure sexual gratification. The panel is thus not satisfied that Mr Pratt's actions ./Mr_Simon_Pratt__15047_-SoS_Decision_for_WEB.pdf:at allegation 1 c) were sexually motivated. ./Mr_Simon_Pratt__15047_-SoS_Decision_for_WEB.pdf- ./Mr_Simon_Pratt__15047_-SoS_Decision_for_WEB.pdf-There is no evidence that the invitation to Pupil A to go on a social trip to the coast was ./Mr_Simon_Pratt__15047_-SoS_Decision_for_WEB.pdf:accompanied by any suggestions of a sexual nature. The panel is thus not satisfied that ./Mr_Simon_Pratt__15047_-SoS_Decision_for_WEB.pdf:Mr Pratt's actions at allegation 1 d) were sexually motivated. ./Mr_Simon_Pratt__15047_-SoS_Decision_for_WEB.pdf- ./Mr_Simon_Pratt__15047_-SoS_Decision_for_WEB.pdf-3 You demonstrated a lack of integrity in that you ./Mr_Simon_Pratt__15047_-SoS_Decision_for_WEB.pdf- ./Mr_Simon_Pratt__15047_-SoS_Decision_for_WEB.pdf- (a) attempted to establish a more secretive means of communication with pupil A ./Mr_Simon_Pratt__15047_-SoS_Decision_for_WEB.pdf- ./Mr_Simon_Pratt__15047_-SoS_Decision_for_WEB.pdf-In the letter, Mr Pratt states that he had set up a new email account for Pupil A which she ./Mr_Simon_Pratt__15047_-SoS_Decision_for_WEB.pdf-should use for communication with him on the basis that their communication could be kept ./Mr_Simon_Pratt__15047_-SoS_Decision_for_WEB.pdf-secret. There is also reference to provision of a mobile phone to Pupil A which was ./Mr_Simon_Pratt__15047_-SoS_Decision_for_WEB.pdf-anonymous and so "untraceable" (page 112). ./Mr_Simon_Pratt__15047_-SoS_Decision_for_WEB.pdf- -- ./Mr_Simon_Pratt__15047_-SoS_Decision_for_WEB.pdf-given in order to be punitive, or to show that blame has been apportioned, although they ./Mr_Simon_Pratt__15047_-SoS_Decision_for_WEB.pdf-are likely to have punitive effect. ./Mr_Simon_Pratt__15047_-SoS_Decision_for_WEB.pdf- ./Mr_Simon_Pratt__15047_-SoS_Decision_for_WEB.pdf-The panel has had regard to the particular public interest considerations set out in the ./Mr_Simon_Pratt__15047_-SoS_Decision_for_WEB.pdf-Advice and having done so, has found a number of them to be relevant in this case, namely: ./Mr_Simon_Pratt__15047_-SoS_Decision_for_WEB.pdf-the protection of pupils, the protection of other members of the public, the maintenance of ./Mr_Simon_Pratt__15047_-SoS_Decision_for_WEB.pdf-public confidence in the profession and declaring and upholding proper standards of ./Mr_Simon_Pratt__15047_-SoS_Decision_for_WEB.pdf-conduct; and the interest of retaining the teacher in the profession. ./Mr_Simon_Pratt__15047_-SoS_Decision_for_WEB.pdf- ./Mr_Simon_Pratt__15047_-SoS_Decision_for_WEB.pdf-In light of the panel’s findings against Mr Pratt, which involved failure to maintain ./Mr_Simon_Pratt__15047_-SoS_Decision_for_WEB.pdf:appropriate professional boundaries in his communications with Pupil A, sexually ./Mr_Simon_Pratt__15047_-SoS_Decision_for_WEB.pdf-motivated communications with Pupil A in the form of a letter, and a lack of integrity in ./Mr_Simon_Pratt__15047_-SoS_Decision_for_WEB.pdf-requesting Pupil A to conceal his communications, there is a strong public interest ./Mr_Simon_Pratt__15047_-SoS_Decision_for_WEB.pdf-consideration in respect of the protection of pupils. ./Mr_Simon_Pratt__15047_-SoS_Decision_for_WEB.pdf- ./Mr_Simon_Pratt__15047_-SoS_Decision_for_WEB.pdf-Similarly, the panel considers that public confidence in the profession could be seriously ./Mr_Simon_Pratt__15047_-SoS_Decision_for_WEB.pdf-weakened if conduct such as that found against Mr Pratt were not treated with the utmost ./Mr_Simon_Pratt__15047_-SoS_Decision_for_WEB.pdf-seriousness when regulating the conduct of the profession. ./Mr_Simon_Pratt__15047_-SoS_Decision_for_WEB.pdf- ./Mr_Simon_Pratt__15047_-SoS_Decision_for_WEB.pdf-The panel took the view that there was a strong public interest consideration in declaring ./Mr_Simon_Pratt__15047_-SoS_Decision_for_WEB.pdf-proper standards of conduct in the profession as the nature of the conduct found against -- ./Mr_Simon_Pratt__15047_-SoS_Decision_for_WEB.pdf- ./Mr_Simon_Pratt__15047_-SoS_Decision_for_WEB.pdf-The panel is of the view that applying the standard of the ordinary intelligent citizen, ./Mr_Simon_Pratt__15047_-SoS_Decision_for_WEB.pdf-recommending no prohibition order is not a proportionate and appropriate response. ./Mr_Simon_Pratt__15047_-SoS_Decision_for_WEB.pdf-Recommending that publication of adverse findings is sufficient in the case would ./Mr_Simon_Pratt__15047_-SoS_Decision_for_WEB.pdf-unacceptably compromise the public interest considerations present in this case, despite ./Mr_Simon_Pratt__15047_-SoS_Decision_for_WEB.pdf-the severity of consequences for the teacher of prohibition. ./Mr_Simon_Pratt__15047_-SoS_Decision_for_WEB.pdf- ./Mr_Simon_Pratt__15047_-SoS_Decision_for_WEB.pdf-The panel is of the view that prohibition is both proportionate and appropriate. The panel ./Mr_Simon_Pratt__15047_-SoS_Decision_for_WEB.pdf-has decided that the public interest considerations outweigh the interests of Mr Pratt. ./Mr_Simon_Pratt__15047_-SoS_Decision_for_WEB.pdf- ./Mr_Simon_Pratt__15047_-SoS_Decision_for_WEB.pdf:The vulnerability of Pupil A as known to Mr Pratt, the nature of his conduct, its sexual ./Mr_Simon_Pratt__15047_-SoS_Decision_for_WEB.pdf-motivation, his abuse of a position of trust and the fact that Mr Pratt made attempts to ./Mr_Simon_Pratt__15047_-SoS_Decision_for_WEB.pdf-conceal his conduct, were significant factors in forming that opinion. Accordingly, the panel ./Mr_Simon_Pratt__15047_-SoS_Decision_for_WEB.pdf-makes a recommendation to the Secretary of State that a prohibition order should be ./Mr_Simon_Pratt__15047_-SoS_Decision_for_WEB.pdf-imposed with immediate effect. ./Mr_Simon_Pratt__15047_-SoS_Decision_for_WEB.pdf- ./Mr_Simon_Pratt__15047_-SoS_Decision_for_WEB.pdf-The panel went on to consider whether it would be appropriate to recommend the inclusion ./Mr_Simon_Pratt__15047_-SoS_Decision_for_WEB.pdf-of a review period. The panel was mindful of the Advice that a prohibition order applies for ./Mr_Simon_Pratt__15047_-SoS_Decision_for_WEB.pdf- ./Mr_Simon_Pratt__15047_-SoS_Decision_for_WEB.pdf- 14 ./Mr_Simon_Pratt__15047_-SoS_Decision_for_WEB.pdf- -- ./Mr_Simon_Pratt__15047_-SoS_Decision_for_WEB.pdf-life, but there may be circumstances in any given case that may make it appropriate to ./Mr_Simon_Pratt__15047_-SoS_Decision_for_WEB.pdf-allow a teacher to apply to have the prohibition order reviewed after a specified period of ./Mr_Simon_Pratt__15047_-SoS_Decision_for_WEB.pdf-time that may not be less than 2 years. ./Mr_Simon_Pratt__15047_-SoS_Decision_for_WEB.pdf- ./Mr_Simon_Pratt__15047_-SoS_Decision_for_WEB.pdf-The Advice indicates that there are behaviours that, if proved, would militate against a ./Mr_Simon_Pratt__15047_-SoS_Decision_for_WEB.pdf:review period being recommended. This list includes serious sexual misconduct, or ./Mr_Simon_Pratt__15047_-SoS_Decision_for_WEB.pdf:conduct where the act was sexually motivated and resulted in or had the potential to result ./Mr_Simon_Pratt__15047_-SoS_Decision_for_WEB.pdf-in, harm to a person or persons, particularly where the individual has used their ./Mr_Simon_Pratt__15047_-SoS_Decision_for_WEB.pdf-professional position to influence or exploit a person. ./Mr_Simon_Pratt__15047_-SoS_Decision_for_WEB.pdf- ./Mr_Simon_Pratt__15047_-SoS_Decision_for_WEB.pdf:The panel found that Mr Pratt's conduct at allegation 1 a) was sexually motivated and ./Mr_Simon_Pratt__15047_-SoS_Decision_for_WEB.pdf-resulted in some harm to Pupil A. However, the panel took the view that whilst this ./Mr_Simon_Pratt__15047_-SoS_Decision_for_WEB.pdf-misconduct was inherently serious, it was not at the most serious end of the scale, and ./Mr_Simon_Pratt__15047_-SoS_Decision_for_WEB.pdf-there was no actual or attempted physical contact. Additionally, the inappropriate actions ./Mr_Simon_Pratt__15047_-SoS_Decision_for_WEB.pdf-took place within a relatively short timeframe. The panel had careful regard to the personal ./Mr_Simon_Pratt__15047_-SoS_Decision_for_WEB.pdf-circumstances of Mr Pratt, and whilst the panel does not accept that these circumstances ./Mr_Simon_Pratt__15047_-SoS_Decision_for_WEB.pdf-amounted to duress, or justify his behaviour, the panel does accept Mr Pratt's evidence ./Mr_Simon_Pratt__15047_-SoS_Decision_for_WEB.pdf-that he was experiencing some degree of work-related stress and distress in relation to his ./Mr_Simon_Pratt__15047_-SoS_Decision_for_WEB.pdf-personal circumstances. In view of these factors, the panel sees no reason why Mr Pratt ./Mr_Simon_Pratt__15047_-SoS_Decision_for_WEB.pdf-should not in the future be capable of demonstrating clear insight into his misconduct. ./Mr_Simon_Pratt__15047_-SoS_Decision_for_WEB.pdf- -- ./Mr_Simon_Pratt__15047_-SoS_Decision_for_WEB.pdf-  Teachers must have proper and professional regard for the ethos, policies and ./Mr_Simon_Pratt__15047_-SoS_Decision_for_WEB.pdf- practices of the school in which they teach … ./Mr_Simon_Pratt__15047_-SoS_Decision_for_WEB.pdf-  Teachers must have an understanding of, and always act within, the statutory ./Mr_Simon_Pratt__15047_-SoS_Decision_for_WEB.pdf- frameworks which set out their professional duties and responsibilities. ./Mr_Simon_Pratt__15047_-SoS_Decision_for_WEB.pdf- ./Mr_Simon_Pratt__15047_-SoS_Decision_for_WEB.pdf- ./Mr_Simon_Pratt__15047_-SoS_Decision_for_WEB.pdf- ./Mr_Simon_Pratt__15047_-SoS_Decision_for_WEB.pdf-The panel finds that the conduct of Mr Pratt fell significantly short of the standards ./Mr_Simon_Pratt__15047_-SoS_Decision_for_WEB.pdf-expected of the profession. ./Mr_Simon_Pratt__15047_-SoS_Decision_for_WEB.pdf- ./Mr_Simon_Pratt__15047_-SoS_Decision_for_WEB.pdf:The findings of misconduct are particularly serious as they include a finding of sexual ./Mr_Simon_Pratt__15047_-SoS_Decision_for_WEB.pdf-misconduct. ./Mr_Simon_Pratt__15047_-SoS_Decision_for_WEB.pdf- ./Mr_Simon_Pratt__15047_-SoS_Decision_for_WEB.pdf-I have to determine whether the imposition of a prohibition order is proportionate and in ./Mr_Simon_Pratt__15047_-SoS_Decision_for_WEB.pdf-the public interest. In considering that for this case I have considered the overall aim of a ./Mr_Simon_Pratt__15047_-SoS_Decision_for_WEB.pdf-prohibition order which is to protect pupils and to maintain public confidence in the ./Mr_Simon_Pratt__15047_-SoS_Decision_for_WEB.pdf-profession. I have considered the extent to which a prohibition order in this case would ./Mr_Simon_Pratt__15047_-SoS_Decision_for_WEB.pdf-achieve that aim taking into account the impact that it will have on the individual teacher. ./Mr_Simon_Pratt__15047_-SoS_Decision_for_WEB.pdf-I have also asked myself whether or not a less intrusive measure, such as the published ./Mr_Simon_Pratt__15047_-SoS_Decision_for_WEB.pdf-finding of unacceptable professional conduct and conduct that may bring the profession ./Mr_Simon_Pratt__15047_-SoS_Decision_for_WEB.pdf-into disrepute, would itself be sufficient to achieve the overall aim. I have to consider ./Mr_Simon_Pratt__15047_-SoS_Decision_for_WEB.pdf-whether the consequences of such a publication are themselves sufficient. I have ./Mr_Simon_Pratt__15047_-SoS_Decision_for_WEB.pdf-considered therefore whether or not prohibiting Mr Pratt, and the impact that will have on ./Mr_Simon_Pratt__15047_-SoS_Decision_for_WEB.pdf-him, is proportionate. ./Mr_Simon_Pratt__15047_-SoS_Decision_for_WEB.pdf- ./Mr_Simon_Pratt__15047_-SoS_Decision_for_WEB.pdf-In this case I have considered the extent to which a prohibition order would protect children. ./Mr_Simon_Pratt__15047_-SoS_Decision_for_WEB.pdf-The panel has observed “failure to maintain appropriate professional boundaries in his ./Mr_Simon_Pratt__15047_-SoS_Decision_for_WEB.pdf:communications with Pupil A, sexually motivated communications with Pupil A in the form ./Mr_Simon_Pratt__15047_-SoS_Decision_for_WEB.pdf-of a letter, and a lack of integrity in requesting Pupil A to conceal his communications, there ./Mr_Simon_Pratt__15047_-SoS_Decision_for_WEB.pdf-is a strong public interest consideration in respect of the protection of pupils.” ./Mr_Simon_Pratt__15047_-SoS_Decision_for_WEB.pdf- ./Mr_Simon_Pratt__15047_-SoS_Decision_for_WEB.pdf-A prohibition order would therefore prevent such a risk from being present. I have also ./Mr_Simon_Pratt__15047_-SoS_Decision_for_WEB.pdf-taken into account the panel’s comments on insight and remorse which the panel sets out ./Mr_Simon_Pratt__15047_-SoS_Decision_for_WEB.pdf-as follows, “whilst Mr Pratt co-operated with the TRA and provided detailed written ./Mr_Simon_Pratt__15047_-SoS_Decision_for_WEB.pdf-submissions to the panel, he did not attend the hearing, and on balance, the panel is of the ./Mr_Simon_Pratt__15047_-SoS_Decision_for_WEB.pdf-view that Mr Pratt has not presented any evidence which clearly demonstrates genuine ./Mr_Simon_Pratt__15047_-SoS_Decision_for_WEB.pdf-insight into his conduct and its impact on Pupil A.” The panel has also commented that, ./Mr_Simon_Pratt__15047_-SoS_Decision_for_WEB.pdf-“Whilst Mr Pratt has expressed regret, the panel was of the view that this fell short of -- ./Mr_Simon_Pratt__15047_-SoS_Decision_for_WEB.pdf-some extent sought to apportion some responsibility to her for his actions. The panel ./Mr_Simon_Pratt__15047_-SoS_Decision_for_WEB.pdf-regard this as an aggravating feature when considering the totality of Mr Pratt's conduct.”. ./Mr_Simon_Pratt__15047_-SoS_Decision_for_WEB.pdf-In my judgement the lack of full insight means that there is some risk of the repetition of ./Mr_Simon_Pratt__15047_-SoS_Decision_for_WEB.pdf-this behaviour and this risks future pupils’ well being. I have therefore given this element ./Mr_Simon_Pratt__15047_-SoS_Decision_for_WEB.pdf-considerable weight in reaching my decision. ./Mr_Simon_Pratt__15047_-SoS_Decision_for_WEB.pdf- ./Mr_Simon_Pratt__15047_-SoS_Decision_for_WEB.pdf-I have gone on to consider the extent to which a prohibition order would maintain public ./Mr_Simon_Pratt__15047_-SoS_Decision_for_WEB.pdf-confidence in the profession. The panel observe, “the panel considers that public ./Mr_Simon_Pratt__15047_-SoS_Decision_for_WEB.pdf-confidence in the profession could be seriously weakened if conduct such as that found ./Mr_Simon_Pratt__15047_-SoS_Decision_for_WEB.pdf-against Mr Pratt were not treated with the utmost seriousness when regulating the ./Mr_Simon_Pratt__15047_-SoS_Decision_for_WEB.pdf:conduct of the profession.” I am particularly mindful of the finding of sexual misconduct in ./Mr_Simon_Pratt__15047_-SoS_Decision_for_WEB.pdf-this case and the impact that such a finding has on the reputation of the profession. ./Mr_Simon_Pratt__15047_-SoS_Decision_for_WEB.pdf- ./Mr_Simon_Pratt__15047_-SoS_Decision_for_WEB.pdf-I have had to consider that the public has a high expectation of professional standards of ./Mr_Simon_Pratt__15047_-SoS_Decision_for_WEB.pdf-all teachers and that failure to impose a prohibition order might be regarded by the public ./Mr_Simon_Pratt__15047_-SoS_Decision_for_WEB.pdf-as a failure to uphold those high standards. In weighing these considerations I have had ./Mr_Simon_Pratt__15047_-SoS_Decision_for_WEB.pdf-to consider the matter from the point of view of an “ordinary intelligent and well-informed ./Mr_Simon_Pratt__15047_-SoS_Decision_for_WEB.pdf-citizen.” ./Mr_Simon_Pratt__15047_-SoS_Decision_for_WEB.pdf- ./Mr_Simon_Pratt__15047_-SoS_Decision_for_WEB.pdf-I have considered whether the publication of a finding of unacceptable professional ./Mr_Simon_Pratt__15047_-SoS_Decision_for_WEB.pdf-conduct, in the absence of a prohibition order, can itself be regarded by such a person as -- ./Mr_Simon_Pratt__15047_-SoS_Decision_for_WEB.pdf-profession. ./Mr_Simon_Pratt__15047_-SoS_Decision_for_WEB.pdf- ./Mr_Simon_Pratt__15047_-SoS_Decision_for_WEB.pdf-For these reasons I have concluded that a prohibition order is proportionate and in the ./Mr_Simon_Pratt__15047_-SoS_Decision_for_WEB.pdf-public interest in order to achieve the aims which a prohibition order is intended to ./Mr_Simon_Pratt__15047_-SoS_Decision_for_WEB.pdf-achieve. ./Mr_Simon_Pratt__15047_-SoS_Decision_for_WEB.pdf- ./Mr_Simon_Pratt__15047_-SoS_Decision_for_WEB.pdf-I have gone on to consider the matter of a review period. In this case the panel has ./Mr_Simon_Pratt__15047_-SoS_Decision_for_WEB.pdf-recommended a 2 year review period. ./Mr_Simon_Pratt__15047_-SoS_Decision_for_WEB.pdf- ./Mr_Simon_Pratt__15047_-SoS_Decision_for_WEB.pdf-I have considered the panel’s comments “that Mr Pratt's conduct at allegation 1 a) was ./Mr_Simon_Pratt__15047_-SoS_Decision_for_WEB.pdf:sexually motivated and resulted in some harm to Pupil A. However, the panel took the view ./Mr_Simon_Pratt__15047_-SoS_Decision_for_WEB.pdf-that whilst this misconduct was inherently serious, it was not at the most serious end of the ./Mr_Simon_Pratt__15047_-SoS_Decision_for_WEB.pdf-scale, and there was no actual or attempted physical contact. Additionally, the ./Mr_Simon_Pratt__15047_-SoS_Decision_for_WEB.pdf-inappropriate actions took place within a relatively short timeframe. The panel had careful ./Mr_Simon_Pratt__15047_-SoS_Decision_for_WEB.pdf-regard to the personal circumstances of Mr Pratt, and whilst the panel does not accept that ./Mr_Simon_Pratt__15047_-SoS_Decision_for_WEB.pdf-these circumstances amounted to duress, or justify his behaviour, the panel does accept ./Mr_Simon_Pratt__15047_-SoS_Decision_for_WEB.pdf-Mr Pratt's evidence that he was experiencing some degree of work-related stress and ./Mr_Simon_Pratt__15047_-SoS_Decision_for_WEB.pdf-distress in relation to his personal circumstances. In view of these factors, the panel sees ./Mr_Simon_Pratt__15047_-SoS_Decision_for_WEB.pdf-no reason why Mr Pratt should not in the future be capable of demonstrating clear insight ./Mr_Simon_Pratt__15047_-SoS_Decision_for_WEB.pdf-into his misconduct.” ./Mr_Simon_Pratt__15047_-SoS_Decision_for_WEB.pdf- ./Mr_Stephen_Goodfellow__15587_-SoS_Decision__Unrestricted__for_WEB.pdf-Teacher: Mr Stephen Goodfellow ./Mr_Stephen_Goodfellow__15587_-SoS_Decision__Unrestricted__for_WEB.pdf- ./Mr_Stephen_Goodfellow__15587_-SoS_Decision__Unrestricted__for_WEB.pdf-Teacher ref number: 9300833 ./Mr_Stephen_Goodfellow__15587_-SoS_Decision__Unrestricted__for_WEB.pdf- ./Mr_Stephen_Goodfellow__15587_-SoS_Decision__Unrestricted__for_WEB.pdf-Teacher date of birth: 8 March 1968 ./Mr_Stephen_Goodfellow__15587_-SoS_Decision__Unrestricted__for_WEB.pdf- ./Mr_Stephen_Goodfellow__15587_-SoS_Decision__Unrestricted__for_WEB.pdf-NCTL case reference: 15587 ./Mr_Stephen_Goodfellow__15587_-SoS_Decision__Unrestricted__for_WEB.pdf- ./Mr_Stephen_Goodfellow__15587_-SoS_Decision__Unrestricted__for_WEB.pdf-Date of determination: 3 August 2017 ./Mr_Stephen_Goodfellow__15587_-SoS_Decision__Unrestricted__for_WEB.pdf- ./Mr_Stephen_Goodfellow__15587_-SoS_Decision__Unrestricted__for_WEB.pdf:Former employer: Chigwell School, Essex ./Mr_Stephen_Goodfellow__15587_-SoS_Decision__Unrestricted__for_WEB.pdf- ./Mr_Stephen_Goodfellow__15587_-SoS_Decision__Unrestricted__for_WEB.pdf- ./Mr_Stephen_Goodfellow__15587_-SoS_Decision__Unrestricted__for_WEB.pdf-A. Introduction ./Mr_Stephen_Goodfellow__15587_-SoS_Decision__Unrestricted__for_WEB.pdf-A professional conduct panel (“the panel”) of the National College for Teaching and ./Mr_Stephen_Goodfellow__15587_-SoS_Decision__Unrestricted__for_WEB.pdf-Leadership (“the National College”) convened on 1 to 3 August 2017 at 53 to 55 Butts ./Mr_Stephen_Goodfellow__15587_-SoS_Decision__Unrestricted__for_WEB.pdf-Road, Earlsdon Park, Coventry CV1 3BH to consider the case of Mr Stephen ./Mr_Stephen_Goodfellow__15587_-SoS_Decision__Unrestricted__for_WEB.pdf-Goodfellow. ./Mr_Stephen_Goodfellow__15587_-SoS_Decision__Unrestricted__for_WEB.pdf- ./Mr_Stephen_Goodfellow__15587_-SoS_Decision__Unrestricted__for_WEB.pdf-The panel members were Ms Karen McArthur (lay panellist – in the Chair), Mr Brian ./Mr_Stephen_Goodfellow__15587_-SoS_Decision__Unrestricted__for_WEB.pdf-Hawkins (teacher panellist), and Ms Hilary Jones (lay panellist). -- ./Mr_Stephen_Goodfellow__15587_-SoS_Decision__Unrestricted__for_WEB.pdf-factors to militate against a prohibition order being an appropriate and proportionate ./Mr_Stephen_Goodfellow__15587_-SoS_Decision__Unrestricted__for_WEB.pdf-measure to impose, particularly taking into account the nature and severity of the ./Mr_Stephen_Goodfellow__15587_-SoS_Decision__Unrestricted__for_WEB.pdf-behaviour in this case. ./Mr_Stephen_Goodfellow__15587_-SoS_Decision__Unrestricted__for_WEB.pdf- ./Mr_Stephen_Goodfellow__15587_-SoS_Decision__Unrestricted__for_WEB.pdf-However, the panel is satisfied that Mr Goodfellow’s actions were deliberate, and that he ./Mr_Stephen_Goodfellow__15587_-SoS_Decision__Unrestricted__for_WEB.pdf-was not acting under duress. ./Mr_Stephen_Goodfellow__15587_-SoS_Decision__Unrestricted__for_WEB.pdf- ./Mr_Stephen_Goodfellow__15587_-SoS_Decision__Unrestricted__for_WEB.pdf-The panel does not accept that these proceedings relate to an isolated incident. First, in ./Mr_Stephen_Goodfellow__15587_-SoS_Decision__Unrestricted__for_WEB.pdf-respect of Pupil A, the inappropriate nature of the relationship developed and subsisted ./Mr_Stephen_Goodfellow__15587_-SoS_Decision__Unrestricted__for_WEB.pdf-for many months. Whilst there has been no suggestion or allegation that his conduct was ./Mr_Stephen_Goodfellow__15587_-SoS_Decision__Unrestricted__for_WEB.pdf:sexually motivated, Mr Goodfellow has accepted that, shortly after Pupil A left the School, ./Mr_Stephen_Goodfellow__15587_-SoS_Decision__Unrestricted__for_WEB.pdf-he developed a romantic attachment to her. This is evident from the content of the ./Mr_Stephen_Goodfellow__15587_-SoS_Decision__Unrestricted__for_WEB.pdf-message that he sent to her in December 2015. ./Mr_Stephen_Goodfellow__15587_-SoS_Decision__Unrestricted__for_WEB.pdf- ./Mr_Stephen_Goodfellow__15587_-SoS_Decision__Unrestricted__for_WEB.pdf-Secondly, the conduct in respect of allegation 3 which occurred in 2012 represented ./Mr_Stephen_Goodfellow__15587_-SoS_Decision__Unrestricted__for_WEB.pdf-repetition of alleged behaviour in 2010. The panel took into consideration Ms Hewitt's ./Mr_Stephen_Goodfellow__15587_-SoS_Decision__Unrestricted__for_WEB.pdf-submission that Mr Goodfellow has organised and attended school trips since 2012 with ./Mr_Stephen_Goodfellow__15587_-SoS_Decision__Unrestricted__for_WEB.pdf-no reports of further transgressions. ./Mr_Stephen_Goodfellow__15587_-SoS_Decision__Unrestricted__for_WEB.pdf- ./Mr_Stephen_Goodfellow__15587_-SoS_Decision__Unrestricted__for_WEB.pdf-As stated, the panel has read the testimonials and references submitted on his behalf. ./Mr_Stephen_Goodfellow__15587_-SoS_Decision__Unrestricted__for_WEB.pdf-The panel has also read carefully the various accounts and statements provided by Mr ./Mr_Stephen_Hepworth.pdf-2. On or around December 2015 and whilst on school premises he was recorded on ./Mr_Stephen_Hepworth.pdf-video using the image described at Allegation 1 above to; ./Mr_Stephen_Hepworth.pdf- ./Mr_Stephen_Hepworth.pdf- a. view the image to look between the legs and/or at the underwear of one of the ./Mr_Stephen_Hepworth.pdf- pupils; ./Mr_Stephen_Hepworth.pdf- ./Mr_Stephen_Hepworth.pdf- b. zoom in between the legs and/or on the underwear of one of the pupils; ./Mr_Stephen_Hepworth.pdf- ./Mr_Stephen_Hepworth.pdf- c. create one or more "upskirt" images of one of the pupils. ./Mr_Stephen_Hepworth.pdf- ./Mr_Stephen_Hepworth.pdf:3. His actions as may be found proven at allegations 1-2 above were sexually motivated. ./Mr_Stephen_Hepworth.pdf- ./Mr_Stephen_Hepworth.pdf-Mr Hepworth admitted paragraphs 1and 2 in full. Paragraph 3 was denied. ./Mr_Stephen_Hepworth.pdf- ./Mr_Stephen_Hepworth.pdf- ./Mr_Stephen_Hepworth.pdf-C. Preliminary applications ./Mr_Stephen_Hepworth.pdf-Mr Hepworth applied to admit his signed witness statement dated 7 March 2019. This ./Mr_Stephen_Hepworth.pdf-was not opposed and the panel agreed to add the statement to the bundle. It was added ./Mr_Stephen_Hepworth.pdf-at pages 56 to 63. ./Mr_Stephen_Hepworth.pdf- ./Mr_Stephen_Hepworth.pdf-Mr Hepworth also requested that any part of the hearing that made reference to his -- ./Mr_Stephen_Hepworth.pdf-E. Decision and reasons ./Mr_Stephen_Hepworth.pdf-The panel announced its decision and reasons as follows: ./Mr_Stephen_Hepworth.pdf- ./Mr_Stephen_Hepworth.pdf-We have carefully considered the case before us and have reached a decision. ./Mr_Stephen_Hepworth.pdf- ./Mr_Stephen_Hepworth.pdf-We confirm that we have read all the documents provided in the bundle in advance of the ./Mr_Stephen_Hepworth.pdf-hearing. ./Mr_Stephen_Hepworth.pdf- ./Mr_Stephen_Hepworth.pdf-This case relates to a teacher who was filmed by pupils creating a magnified "upskirt" ./Mr_Stephen_Hepworth.pdf-image of the upper inner thigh and genital area of one of his female former pupils while ./Mr_Stephen_Hepworth.pdf:using a school computer. It was alleged that he did this for sexual gratification. ./Mr_Stephen_Hepworth.pdf- ./Mr_Stephen_Hepworth.pdf-Findings of fact ./Mr_Stephen_Hepworth.pdf-Our findings of fact are as follows: ./Mr_Stephen_Hepworth.pdf- ./Mr_Stephen_Hepworth.pdf-The panel found the following particulars of the allegations against you proven, for the ./Mr_Stephen_Hepworth.pdf-following reasons: ./Mr_Stephen_Hepworth.pdf- ./Mr_Stephen_Hepworth.pdf-1. You retained and/or accessed an image of two female former pupils which you ./Mr_Stephen_Hepworth.pdf-had obtained as a result of your earlier employment at Shirely High School, ./Mr_Stephen_Hepworth.pdf-Croydon between 1 Sept 2009 and 31 December 2014. -- ./Mr_Stephen_Hepworth.pdf- b. zoom in between the legs and/or on the underwear of one of the pupils; ./Mr_Stephen_Hepworth.pdf- ./Mr_Stephen_Hepworth.pdf- c. create one or more "upskirt" images of one of the pupils. ./Mr_Stephen_Hepworth.pdf- ./Mr_Stephen_Hepworth.pdf-These factual particulars were admitted by Mr Hepworth. These admissions were further ./Mr_Stephen_Hepworth.pdf-supported by Mr Hepworth's written statement and evidence under oath. He fully and ./Mr_Stephen_Hepworth.pdf-unequivocally accepts that this is what he did. The videos we have watched confirm that ./Mr_Stephen_Hepworth.pdf-he acted as described above and admitted by him. ./Mr_Stephen_Hepworth.pdf- ./Mr_Stephen_Hepworth.pdf:3. Your actions as may be found proven at allegations 1-2 above were sexually ./Mr_Stephen_Hepworth.pdf-motivated. ./Mr_Stephen_Hepworth.pdf- ./Mr_Stephen_Hepworth.pdf-The panel find Mr Hepworth's actions as admitted and proved in relation to the facts as ./Mr_Stephen_Hepworth.pdf:described in paragraphs 1 and 2 above to have been sexually motivated. It is, in the ./Mr_Stephen_Hepworth.pdf:panel's view, clear that Mr Hepworth acted as he did for sexual gratification. ./Mr_Stephen_Hepworth.pdf- ./Mr_Stephen_Hepworth.pdf-The panel watched two videos created on pupils' mobile phones, Mr Hepworth accessing ./Mr_Stephen_Hepworth.pdf-an image of two female former pupils sitting on a table on a school computer. One of the ./Mr_Stephen_Hepworth.pdf-girls was wearing a skirt that was set well above the knee line. He then proceeds to zoom ./Mr_Stephen_Hepworth.pdf-in on the part of the image that shows the pupil's upper thigh and genital area. It is not ./Mr_Stephen_Hepworth.pdf-possible to make out the pupil's underwear but several times on the video Mr Hepworth is ./Mr_Stephen_Hepworth.pdf-seen to zoom in on that part of her body. His view is focused on her upper thighs and up ./Mr_Stephen_Hepworth.pdf-her skirt. He proceeds to refine and crop the image on at least two occasions in order to ./Mr_Stephen_Hepworth.pdf-restrict the view to the area up her skirt, at the top of her thighs and, although in ./Mr_Stephen_Hepworth.pdf-darkness, her genital area. After zooming in and cropping the image he stops to stare at ./Mr_Stephen_Hepworth.pdf-it for more than a few seconds. The videos are cumulatively approximately two minutes ./Mr_Stephen_Hepworth.pdf-long and focused entirely on the part of the pupil's body as referred to above. ./Mr_Stephen_Hepworth.pdf- ./Mr_Stephen_Hepworth.pdf-We entirely reject Mr Hepworth's suggestion that he was simply "playing around" and ./Mr_Stephen_Hepworth.pdf-was acting in no more than a "thoughtless" way. We reject the suggestion that his motive ./Mr_Stephen_Hepworth.pdf-was "trying out" an updated media player. If that was the situation he would have had no ./Mr_Stephen_Hepworth.pdf-reason to spend the time he did zooming in on and cropping an image of the ./Mr_Stephen_Hepworth.pdf-aforementioned part of the girl's body. We believe it is no coincidence that he was ./Mr_Stephen_Hepworth.pdf:viewing the image that he was; he was simply doing it for sexual gratification. ./Mr_Stephen_Hepworth.pdf- ./Mr_Stephen_Hepworth.pdf-Findings as to unacceptable professional conduct and/or conduct that ./Mr_Stephen_Hepworth.pdf-may bring the profession into disrepute ./Mr_Stephen_Hepworth.pdf-Having found a number of the allegations to have been proven, the panel has gone on to ./Mr_Stephen_Hepworth.pdf-consider whether the facts of those proven allegations amount to unacceptable ./Mr_Stephen_Hepworth.pdf-professional conduct and/or conduct that may bring the profession into disrepute. ./Mr_Stephen_Hepworth.pdf- ./Mr_Stephen_Hepworth.pdf-In doing so, the panel has had regard to the document Teacher Misconduct: The ./Mr_Stephen_Hepworth.pdf-Prohibition of Teachers, which we refer to as “the Advice”. ./Mr_Stephen_Hepworth.pdf- -- ./Mr_Stephen_Hepworth.pdf- at all times observing proper boundaries appropriate to a teacher’s ./Mr_Stephen_Hepworth.pdf- professional position; ./Mr_Stephen_Hepworth.pdf- o having regard for the need to safeguard pupils’ well-being, in accordance with ./Mr_Stephen_Hepworth.pdf- statutory provisions; ./Mr_Stephen_Hepworth.pdf-  Teachers must have an understanding of, and always act within, the statutory ./Mr_Stephen_Hepworth.pdf- frameworks which set out their professional duties and responsibilities. ./Mr_Stephen_Hepworth.pdf-The panel is satisfied that the conduct of Mr Hepworth amounts to misconduct of a ./Mr_Stephen_Hepworth.pdf-serious nature which fell significantly short of the standards expected of the profession. ./Mr_Stephen_Hepworth.pdf- ./Mr_Stephen_Hepworth.pdf-Mr Hepworth has been found guilty of using a school computer during working hours for ./Mr_Stephen_Hepworth.pdf:actions motivated by the pursuance of sexual gratification. He accessed an image of two ./Mr_Stephen_Hepworth.pdf-pupils and created a zoomed in, upskirt image of one pupil's upper inner thighs / ./Mr_Stephen_Hepworth.pdf-underwear area. He did not act accordingly for a few seconds but rather for at least two ./Mr_Stephen_Hepworth.pdf-minutes during which time he stared at the image and repeatedly magnified or cropped ./Mr_Stephen_Hepworth.pdf-the image. He explains the behaviour as "playing around" or "thoughtlessness" when in ./Mr_Stephen_Hepworth.pdf:fact it is clear to the panel that there cannot have been no motive other than a sexual ./Mr_Stephen_Hepworth.pdf-motive for his actions. ./Mr_Stephen_Hepworth.pdf- ./Mr_Stephen_Hepworth.pdf-Accordingly, the panel is satisfied that Mr Hepworth is guilty of unacceptable professional ./Mr_Stephen_Hepworth.pdf-conduct. ./Mr_Stephen_Hepworth.pdf- ./Mr_Stephen_Hepworth.pdf-The panel has taken into account how the teaching profession is viewed by others and ./Mr_Stephen_Hepworth.pdf-considered the influence that teachers may have on pupils, parents and others in the ./Mr_Stephen_Hepworth.pdf-community. The panel has taken account of the uniquely influential role that teachers can ./Mr_Stephen_Hepworth.pdf-hold in pupils’ lives and that pupils must be able to view teachers as role models in the ./Mr_Stephen_Hepworth.pdf-way they behave. ./Mr_Stephen_Hepworth.pdf- ./Mr_Stephen_Hepworth.pdf-The findings of misconduct are serious and the conduct displayed would likely have a ./Mr_Stephen_Hepworth.pdf-negative impact on the individual’s status as a teacher, potentially damaging the public ./Mr_Stephen_Hepworth.pdf-perception. This has to follow from our factual findings, that included the panel being ./Mr_Stephen_Hepworth.pdf:satisfied that Mr Hepworth acted, as found proved, through sexual motivation and ./Mr_Stephen_Hepworth.pdf:therefore for the purposes of sexual gratification. ./Mr_Stephen_Hepworth.pdf- ./Mr_Stephen_Hepworth.pdf-The panel therefore also finds that Mr Hepworth’s actions constitute conduct that may ./Mr_Stephen_Hepworth.pdf-bring the profession into disrepute. ./Mr_Stephen_Hepworth.pdf- ./Mr_Stephen_Hepworth.pdf- ./Mr_Stephen_Hepworth.pdf- ./Mr_Stephen_Hepworth.pdf- 7 ./Mr_Stephen_Hepworth.pdf- -- ./Mr_Stephen_Hepworth.pdf-measure, and whether it is in the public interest to do so. Prohibition orders should not be ./Mr_Stephen_Hepworth.pdf-given in order to be punitive, or to show that blame has been apportioned, although they ./Mr_Stephen_Hepworth.pdf-are likely to have punitive effect. ./Mr_Stephen_Hepworth.pdf- ./Mr_Stephen_Hepworth.pdf-The panel has considered the particular public interest considerations set out in the ./Mr_Stephen_Hepworth.pdf-Advice and having done so has found a number of them to be relevant in this case, ./Mr_Stephen_Hepworth.pdf-namely: the protection of pupils/the maintenance of public confidence in the ./Mr_Stephen_Hepworth.pdf-profession/declaring and upholding proper standards of conduct. ./Mr_Stephen_Hepworth.pdf- ./Mr_Stephen_Hepworth.pdf-In light of the panel’s findings against Mr Hepworth, which involved in the panel's view ./Mr_Stephen_Hepworth.pdf:serious sexual misconduct, there is a strong public interest consideration in respect of the ./Mr_Stephen_Hepworth.pdf:protection of pupils given the findings of inappropriate actions motivated by sexual ./Mr_Stephen_Hepworth.pdf-gratification. ./Mr_Stephen_Hepworth.pdf- ./Mr_Stephen_Hepworth.pdf-Similarly, the panel considers that public confidence in the profession could be seriously ./Mr_Stephen_Hepworth.pdf-weakened if conduct such as that found against Mr Hepworth were not treated with the ./Mr_Stephen_Hepworth.pdf-utmost gravity when regulating the conduct of the profession. ./Mr_Stephen_Hepworth.pdf- ./Mr_Stephen_Hepworth.pdf-The panel considered that a strong public interest consideration in declaring proper ./Mr_Stephen_Hepworth.pdf-standards of conduct in the profession was also present as the conduct found against Mr ./Mr_Stephen_Hepworth.pdf-Hepworth was outside that which could reasonably be tolerated. ./Mr_Stephen_Hepworth.pdf- -- ./Mr_Stephen_Hepworth.pdf-  abuse of position or trust; ./Mr_Stephen_Hepworth.pdf:  sexual misconduct, eg involving actions that were sexually motivated or of a ./Mr_Stephen_Hepworth.pdf: sexual nature and/or that use of exploit the trust, knowledge or influence derived ./Mr_Stephen_Hepworth.pdf- from the individual's professional position; ./Mr_Stephen_Hepworth.pdf-  any activity involving viewing, taking, making, possessing, distributing or ./Mr_Stephen_Hepworth.pdf- publishing any indecent photograph or image or pseudo photograph or image of a ./Mr_Stephen_Hepworth.pdf- child, or permitting such activity, including one off incidents. ./Mr_Stephen_Hepworth.pdf-The panel took particular account of Mr Hepworth's limited insight into his behaviour. The ./Mr_Stephen_Hepworth.pdf-panel cannot, in such circumstances, ignore the possibility of risk of repeat behaviour. ./Mr_Stephen_Hepworth.pdf- ./Mr_Stephen_Hepworth.pdf-Even though there were behaviours that would point to a prohibition order being ./Mr_Stephen_Hepworth.pdf-appropriate, the panel went on to consider whether or not there were sufficient mitigating ./Mr_Stephen_Hepworth.pdf-factors to militate against a prohibition order being an appropriate and proportionate -- ./Mr_Stephen_Hepworth.pdf- ./Mr_Stephen_Hepworth.pdf-In light of the above, the panel is of the view that applying the standard of the ordinary ./Mr_Stephen_Hepworth.pdf-intelligent citizen recommending no prohibition order is not a proportionate and ./Mr_Stephen_Hepworth.pdf-appropriate response. Recommending that publication of adverse findings is sufficient in ./Mr_Stephen_Hepworth.pdf-the case would unacceptably compromise the public interest considerations present in ./Mr_Stephen_Hepworth.pdf-this case, despite the severity of consequences for the teacher of prohibition. ./Mr_Stephen_Hepworth.pdf- ./Mr_Stephen_Hepworth.pdf-The panel is of the view that prohibition is both proportionate and appropriate. The panel ./Mr_Stephen_Hepworth.pdf-has decided that the public interest considerations outweigh the interests of Mr ./Mr_Stephen_Hepworth.pdf-Hepworth. Mr Hepworth's lack of proper insight was a significant factor in forming that ./Mr_Stephen_Hepworth.pdf:opinion, alongside the seriousness of the sexual misconduct involved, which the panel ./Mr_Stephen_Hepworth.pdf-has reminded itself, took place in school hours and in such a way that pupils were able to ./Mr_Stephen_Hepworth.pdf-film him behaving in the way that he did on their mobile phones. His actions had the ./Mr_Stephen_Hepworth.pdf-potential to harm the pupil whose image had been manipulated but it also had the ./Mr_Stephen_Hepworth.pdf-potential to harm the two pupils who witnessed Mr Hepworth manipulating the image. ./Mr_Stephen_Hepworth.pdf- ./Mr_Stephen_Hepworth.pdf-Accordingly, the panel makes a recommendation to the Secretary of State that a ./Mr_Stephen_Hepworth.pdf-prohibition order should be imposed with immediate effect. ./Mr_Stephen_Hepworth.pdf- ./Mr_Stephen_Hepworth.pdf- 9 ./Mr_Stephen_Hepworth.pdf- -- ./Mr_Stephen_Hepworth.pdf-The panel went on to consider whether or not it would be appropriate for them to ./Mr_Stephen_Hepworth.pdf-recommend that a review period of the order should be considered. The panel were ./Mr_Stephen_Hepworth.pdf-mindful that the Advice advises that a prohibition order applies for life, but there may be ./Mr_Stephen_Hepworth.pdf-circumstances in any given case that may make it appropriate to allow a teacher to apply ./Mr_Stephen_Hepworth.pdf-to have the prohibition order reviewed after a specified period of time that may not be ./Mr_Stephen_Hepworth.pdf-less than two years. ./Mr_Stephen_Hepworth.pdf- ./Mr_Stephen_Hepworth.pdf-The Advice indicates that there are behaviours that, if proven, would militate against a ./Mr_Stephen_Hepworth.pdf:review period being recommended. One of these behaviours is serious sexual ./Mr_Stephen_Hepworth.pdf:misconduct, for example where the act was sexually motivated and resulted in or had the ./Mr_Stephen_Hepworth.pdf-potential to result in, harm to a person or persons, particularly where the individual has ./Mr_Stephen_Hepworth.pdf-used their professional position to influence or exploit a person or persons. Another is ./Mr_Stephen_Hepworth.pdf-any activity involving viewing, taking, making, possessing, distributing or publishing any ./Mr_Stephen_Hepworth.pdf-indecent photograph or image or pseudo photograph or image of a child. The image ./Mr_Stephen_Hepworth.pdf:created was morally offensive in a sexual way. It was therefore indecent. ./Mr_Stephen_Hepworth.pdf- ./Mr_Stephen_Hepworth.pdf-As stated above, the panel has found that Mr Hepworth has been responsible for serious ./Mr_Stephen_Hepworth.pdf:sexual misconduct. He manipulated and modified an innocent image that he possessed ./Mr_Stephen_Hepworth.pdf:and turned it into something indecent for the purpose of sexual gratification. ./Mr_Stephen_Hepworth.pdf- ./Mr_Stephen_Hepworth.pdf:The panel felt the nature of the findings of serious sexual misconduct and, particularly, Mr ./Mr_Stephen_Hepworth.pdf-Hepworth's limited insight into his behaviour, indicated a situation in which a review ./Mr_Stephen_Hepworth.pdf-period would not be appropriate. The ability for Mr Hepworth to apply at any time for his ./Mr_Stephen_Hepworth.pdf-prohibiton to be set-a-side would, in the panel's view, not sufficiently protect the public ./Mr_Stephen_Hepworth.pdf-interest in protecting pupils, maintaining confidence in the profession and declaring and ./Mr_Stephen_Hepworth.pdf-upholding proper standards of conduct. As such, the panel decided that it would be ./Mr_Stephen_Hepworth.pdf-proportionate in all the circumstances for the prohibition order to be recommended ./Mr_Stephen_Hepworth.pdf-without provisions for a review period. ./Mr_Stephen_Hepworth.pdf- ./Mr_Stephen_Hepworth.pdf- ./Mr_Stephen_Hepworth.pdf-Decision and reasons on behalf of the Secretary of State -- ./Mr_Stephen_Hepworth.pdf- o having regard for the need to safeguard pupils’ well-being, in accordance with ./Mr_Stephen_Hepworth.pdf- statutory provisions; ./Mr_Stephen_Hepworth.pdf-  Teachers must have an understanding of, and always act within, the statutory ./Mr_Stephen_Hepworth.pdf- frameworks which set out their professional duties and responsibilities. ./Mr_Stephen_Hepworth.pdf- ./Mr_Stephen_Hepworth.pdf- ./Mr_Stephen_Hepworth.pdf- ./Mr_Stephen_Hepworth.pdf-The panel finds that the conduct of Mr Hepworth fell significantly short of the standards ./Mr_Stephen_Hepworth.pdf-expected of the profession. ./Mr_Stephen_Hepworth.pdf- ./Mr_Stephen_Hepworth.pdf:The findings of misconduct are particularly serious as they include a finding of sexual ./Mr_Stephen_Hepworth.pdf-misconduct. ./Mr_Stephen_Hepworth.pdf- ./Mr_Stephen_Hepworth.pdf-I have to determine whether the imposition of a prohibition order is proportionate and in ./Mr_Stephen_Hepworth.pdf-the public interest. In considering that for this case, I have considered the overall aim of a ./Mr_Stephen_Hepworth.pdf-prohibition order which is to protect pupils and to maintain public confidence in the ./Mr_Stephen_Hepworth.pdf-profession. I have considered the extent to which a prohibition order in this case would ./Mr_Stephen_Hepworth.pdf-achieve that aim taking into account the impact that it will have on the individual teacher. ./Mr_Stephen_Hepworth.pdf-I have also asked myself, whether a less intrusive measure, such as the published ./Mr_Stephen_Hepworth.pdf-finding of unacceptable professional conduct and conduct that may bring the profession ./Mr_Stephen_Hepworth.pdf-into disrepute, would itself be sufficient to achieve the overall aim. I have to consider ./Mr_Stephen_Hepworth.pdf-whether the consequences of such a publication are themselves sufficient. I have ./Mr_Stephen_Hepworth.pdf-considered therefore whether or not prohibiting Mr Hepworth, and the impact that will ./Mr_Stephen_Hepworth.pdf-have on him, is proportionate and in the public interest. ./Mr_Stephen_Hepworth.pdf- ./Mr_Stephen_Hepworth.pdf-In this case, I have considered the extent to which a prohibition order would protect ./Mr_Stephen_Hepworth.pdf-children. The panel has observed, “In light of the panel’s findings against Mr Hepworth, ./Mr_Stephen_Hepworth.pdf:which involved in the panel's view serious sexual misconduct, there is a strong public ./Mr_Stephen_Hepworth.pdf-interest consideration in respect of the protection of pupils given the findings of ./Mr_Stephen_Hepworth.pdf:inappropriate actions motivated by sexual gratification.” A prohibition order would ./Mr_Stephen_Hepworth.pdf-therefore prevent such a risk from being present in the future. I have also taken into ./Mr_Stephen_Hepworth.pdf-account the panel’s comments on insight and remorse, which the panel sets out as ./Mr_Stephen_Hepworth.pdf-follows, “Mr Hepworth's limited insight into his behaviour.” The panel went on to say of ./Mr_Stephen_Hepworth.pdf-this lack of insight, “The panel cannot, in such circumstances, ignore the possibility of risk ./Mr_Stephen_Hepworth.pdf-of repeat behaviour.” In my judgement, the lack of insight means that there is some risk ./Mr_Stephen_Hepworth.pdf- ./Mr_Stephen_Hepworth.pdf- ./Mr_Stephen_Hepworth.pdf- ./Mr_Stephen_Hepworth.pdf- 11 ./Mr_Stephen_Hepworth.pdf- -- ./Mr_Stephen_Hepworth.pdf-of the repetition of this behaviour and this puts at risk future pupils’ safeguarding. I have ./Mr_Stephen_Hepworth.pdf-therefore given this element considerable weight in reaching my decision. ./Mr_Stephen_Hepworth.pdf- ./Mr_Stephen_Hepworth.pdf-I have gone on to consider the extent to which a prohibition order would maintain public ./Mr_Stephen_Hepworth.pdf-confidence in the profession. The panel observe, “the profession could be seriously ./Mr_Stephen_Hepworth.pdf-weakened if conduct such as that found against Mr Hepworth were not treated with the ./Mr_Stephen_Hepworth.pdf-utmost gravity when regulating the conduct of the profession.” I am particularly mindful of ./Mr_Stephen_Hepworth.pdf:the finding of sexual misconduct in this case and the impact that such a finding has on ./Mr_Stephen_Hepworth.pdf-the reputation of the profession. ./Mr_Stephen_Hepworth.pdf- ./Mr_Stephen_Hepworth.pdf-I have had to consider that the public has a high expectation of professional standards of ./Mr_Stephen_Hepworth.pdf-all teachers and that the public might regard a failure to impose a prohibition order as a ./Mr_Stephen_Hepworth.pdf-failure to uphold those high standards. In weighing these considerations, I have had to ./Mr_Stephen_Hepworth.pdf-consider the matter from the point of view of an “ordinary intelligent and well-informed ./Mr_Stephen_Hepworth.pdf-citizen.” ./Mr_Stephen_Hepworth.pdf- ./Mr_Stephen_Hepworth.pdf-I have considered whether the publication of a finding of unacceptable professional ./Mr_Stephen_Hepworth.pdf-conduct, in the absence of a prohibition order, can itself be regarded by such a person as -- ./Mr_Stephen_Hepworth.pdf-insight, does not in my view satisfy the public interest requirement concerning public ./Mr_Stephen_Hepworth.pdf-confidence in the profession. ./Mr_Stephen_Hepworth.pdf- ./Mr_Stephen_Hepworth.pdf-For these reasons, I have concluded that a prohibition order is proportionate and in the ./Mr_Stephen_Hepworth.pdf-public interest in order to achieve the intended aims of a prohibition order. ./Mr_Stephen_Hepworth.pdf- ./Mr_Stephen_Hepworth.pdf-I have gone on to consider the matter of a review period. In this case, the panel has ./Mr_Stephen_Hepworth.pdf-recommended that no provision should be made for a review period. ./Mr_Stephen_Hepworth.pdf- ./Mr_Stephen_Hepworth.pdf-I have considered the panel’s comments, “the panel has found that Mr Hepworth has ./Mr_Stephen_Hepworth.pdf:been responsible for serious sexual misconduct. He manipulated and modified an ./Mr_Stephen_Hepworth.pdf- ./Mr_Stephen_Hepworth.pdf- ./Mr_Stephen_Hepworth.pdf- 12 ./Mr_Stephen_Hepworth.pdf- -- ./Mr_Stephen_Hepworth.pdf-innocent image that he possessed and turned it into something indecent for the purpose ./Mr_Stephen_Hepworth.pdf:of sexual gratification.” The panel has also said it, “felt the nature of the findings of ./Mr_Stephen_Hepworth.pdf:serious sexual misconduct and, particularly, Mr Hepworth's limited insight into his ./Mr_Stephen_Hepworth.pdf-behaviour, indicated a situation in which a review period would not be appropriate.” ./Mr_Stephen_Hepworth.pdf- ./Mr_Stephen_Hepworth.pdf-I have also consider the behaviours listed in the Advice. ./Mr_Stephen_Hepworth.pdf- ./Mr_Stephen_Hepworth.pdf-I am in agreement with the panel and am of the view that the serious nature of the ./Mr_Stephen_Hepworth.pdf-misconduct and the lack of insight mean a lesser review period is not sufficient to achieve ./Mr_Stephen_Hepworth.pdf-the aim of maintaining public confidence in the profession. ./Mr_Stephen_Hepworth.pdf- ./Mr_Stephen_Hepworth.pdf-I consider therefore that allowing for no review period is necessary to maintain public ./Mr_Stephen_Hepworth.pdf-confidence and is proportionate and in the public interest. ./Mr_Stephen_Lindridge_-_Professional_conduct_panel_outcome.pdf- ./Mr_Stephen_Lindridge_-_Professional_conduct_panel_outcome.pdf- 1. He engaged in and/or developed an inappropriate relationship with Pupil A, a ./Mr_Stephen_Lindridge_-_Professional_conduct_panel_outcome.pdf- vulnerable pupil, between 2016 and 2018 including by; ./Mr_Stephen_Lindridge_-_Professional_conduct_panel_outcome.pdf- ./Mr_Stephen_Lindridge_-_Professional_conduct_panel_outcome.pdf- a. giving her two greeting cards ./Mr_Stephen_Lindridge_-_Professional_conduct_panel_outcome.pdf- ./Mr_Stephen_Lindridge_-_Professional_conduct_panel_outcome.pdf- b. swapping mobile numbers with her in June 2018; ./Mr_Stephen_Lindridge_-_Professional_conduct_panel_outcome.pdf- ./Mr_Stephen_Lindridge_-_Professional_conduct_panel_outcome.pdf- c. requesting and/or allowing her to set up Snapchat on your phone; ./Mr_Stephen_Lindridge_-_Professional_conduct_panel_outcome.pdf- ./Mr_Stephen_Lindridge_-_Professional_conduct_panel_outcome.pdf: d. discussing her sexual history with her; ./Mr_Stephen_Lindridge_-_Professional_conduct_panel_outcome.pdf- ./Mr_Stephen_Lindridge_-_Professional_conduct_panel_outcome.pdf- e. commenting that Pupil A had "massive tits" or words to that effect with ./Mr_Stephen_Lindridge_-_Professional_conduct_panel_outcome.pdf- reference to an image of her on your mobile phone; ./Mr_Stephen_Lindridge_-_Professional_conduct_panel_outcome.pdf- ./Mr_Stephen_Lindridge_-_Professional_conduct_panel_outcome.pdf- f. engaging in inappropriate physical contact with her on more than one ./Mr_Stephen_Lindridge_-_Professional_conduct_panel_outcome.pdf- occasion including by; ./Mr_Stephen_Lindridge_-_Professional_conduct_panel_outcome.pdf- ./Mr_Stephen_Lindridge_-_Professional_conduct_panel_outcome.pdf- i. hugging her ./Mr_Stephen_Lindridge_-_Professional_conduct_panel_outcome.pdf- ii. kissing her cheek ./Mr_Stephen_Lindridge_-_Professional_conduct_panel_outcome.pdf- iii. kissing her head -- ./Mr_Stephen_Lindridge_-_Professional_conduct_panel_outcome.pdf- 2. Instructed Pupil A to delete messages from him ./Mr_Stephen_Lindridge_-_Professional_conduct_panel_outcome.pdf- ./Mr_Stephen_Lindridge_-_Professional_conduct_panel_outcome.pdf- 3. His behaviour as may be found proven at Allegation 1 above was conduct of a ./Mr_Stephen_Lindridge_-_Professional_conduct_panel_outcome.pdf: sexual nature and/or was sexually motivated. ./Mr_Stephen_Lindridge_-_Professional_conduct_panel_outcome.pdf- ./Mr_Stephen_Lindridge_-_Professional_conduct_panel_outcome.pdf- 4. His conduct as may be found proven at Allegation 1 was contrary to the School's ./Mr_Stephen_Lindridge_-_Professional_conduct_panel_outcome.pdf- Acceptable use of IT and Communication Policy and/or Code of Conduct. ./Mr_Stephen_Lindridge_-_Professional_conduct_panel_outcome.pdf- ./Mr_Stephen_Lindridge_-_Professional_conduct_panel_outcome.pdf- 5. His conduct at Allegation 2 was dishonest and/or lacked integrity in that he was ./Mr_Stephen_Lindridge_-_Professional_conduct_panel_outcome.pdf- seeking to conceal his conduct towards Pupil A. ./Mr_Stephen_Lindridge_-_Professional_conduct_panel_outcome.pdf- ./Mr_Stephen_Lindridge_-_Professional_conduct_panel_outcome.pdf-Mr Lindridge admitted to the allegations in part, as set out in the Statement of Agreed ./Mr_Stephen_Lindridge_-_Professional_conduct_panel_outcome.pdf-Facts. ./Mr_Stephen_Lindridge_-_Professional_conduct_panel_outcome.pdf- -- ./Mr_Stephen_Lindridge_-_Professional_conduct_panel_outcome.pdf-following her suggestion’. The panel also heard, in oral evidence, that Pupil A referred to ./Mr_Stephen_Lindridge_-_Professional_conduct_panel_outcome.pdf-him as a, ‘dinosaur’ when they were exchanging numbers and therefore set up Snapchat ./Mr_Stephen_Lindridge_-_Professional_conduct_panel_outcome.pdf-on his mobile phone. ./Mr_Stephen_Lindridge_-_Professional_conduct_panel_outcome.pdf- ./Mr_Stephen_Lindridge_-_Professional_conduct_panel_outcome.pdf-The panel was of the view that it would not be appropriate to exchange social media ./Mr_Stephen_Lindridge_-_Professional_conduct_panel_outcome.pdf-platforms with a pupil or ex-pupil, and that it would be in contravention with the School ./Mr_Stephen_Lindridge_-_Professional_conduct_panel_outcome.pdf-policies. ./Mr_Stephen_Lindridge_-_Professional_conduct_panel_outcome.pdf- ./Mr_Stephen_Lindridge_-_Professional_conduct_panel_outcome.pdf-The panel found allegation 1.c proven. ./Mr_Stephen_Lindridge_-_Professional_conduct_panel_outcome.pdf- ./Mr_Stephen_Lindridge_-_Professional_conduct_panel_outcome.pdf: d. discussing her sexual history with her; ./Mr_Stephen_Lindridge_-_Professional_conduct_panel_outcome.pdf- ./Mr_Stephen_Lindridge_-_Professional_conduct_panel_outcome.pdf-The panel noted that the teacher admitted this allegation and made an admission of ./Mr_Stephen_Lindridge_-_Professional_conduct_panel_outcome.pdf-unacceptable professional conduct and/or conduct that may bring the profession into ./Mr_Stephen_Lindridge_-_Professional_conduct_panel_outcome.pdf-disrepute. ./Mr_Stephen_Lindridge_-_Professional_conduct_panel_outcome.pdf- ./Mr_Stephen_Lindridge_-_Professional_conduct_panel_outcome.pdf-The panel heard oral evidence from Mr Lindridge that Pupil A ‘disclosed’ information to ./Mr_Stephen_Lindridge_-_Professional_conduct_panel_outcome.pdf:him regarding her sexual history. The panel took a view that this was a safeguarding ./Mr_Stephen_Lindridge_-_Professional_conduct_panel_outcome.pdf:disclosure and not a “discussion” about her sexual history. Further, in the witness ./Mr_Stephen_Lindridge_-_Professional_conduct_panel_outcome.pdf-statement of the teacher, he put forward that ‘Pupil A, along with others, felt comfortable ./Mr_Stephen_Lindridge_-_Professional_conduct_panel_outcome.pdf-in discussing personal issues with me’. The panel also heard oral evidence from Witness ./Mr_Stephen_Lindridge_-_Professional_conduct_panel_outcome.pdf- ./Mr_Stephen_Lindridge_-_Professional_conduct_panel_outcome.pdf- ./Mr_Stephen_Lindridge_-_Professional_conduct_panel_outcome.pdf- 8 ./Mr_Stephen_Lindridge_-_Professional_conduct_panel_outcome.pdf- -- ./Mr_Stephen_Lindridge_-_Professional_conduct_panel_outcome.pdf-The panel reviewed the text messages and assessed their content. It was satisfied that it ./Mr_Stephen_Lindridge_-_Professional_conduct_panel_outcome.pdf-was inappropriate to communicate with Pupil A in the ways described. Further, in Mr ./Mr_Stephen_Lindridge_-_Professional_conduct_panel_outcome.pdf-Lindridge’s written evidence he stated ‘I truly regret the style of my written ./Mr_Stephen_Lindridge_-_Professional_conduct_panel_outcome.pdf-communications to Pupil A… I started to use the language pupils used when talking to ./Mr_Stephen_Lindridge_-_Professional_conduct_panel_outcome.pdf-each other. Some of the pupils also used it with me’. ./Mr_Stephen_Lindridge_-_Professional_conduct_panel_outcome.pdf- ./Mr_Stephen_Lindridge_-_Professional_conduct_panel_outcome.pdf-It was noted that Mr Lindridge, in oral testimony, explained in detail the context behind ./Mr_Stephen_Lindridge_-_Professional_conduct_panel_outcome.pdf-the messages. He explained that the comment made about “magic fingers” which ./Mr_Stephen_Lindridge_-_Professional_conduct_panel_outcome.pdf:potentially carries sexual connotations, was in fact a joke between himself and Pupil A ./Mr_Stephen_Lindridge_-_Professional_conduct_panel_outcome.pdf-that on one occasion his, ‘knees stopped hurting’ after she briefly touched his knee. The ./Mr_Stephen_Lindridge_-_Professional_conduct_panel_outcome.pdf-panel carefully considered the evidence, and accepted his explanation. ./Mr_Stephen_Lindridge_-_Professional_conduct_panel_outcome.pdf- ./Mr_Stephen_Lindridge_-_Professional_conduct_panel_outcome.pdf-The panel listened to oral evidence from Mrs Lindridge. She explained that Mr Lindridge ./Mr_Stephen_Lindridge_-_Professional_conduct_panel_outcome.pdf-is ‘always adding kisses to texts’ and said, ‘Mmmwaa’ was part of his normal messaging ./Mr_Stephen_Lindridge_-_Professional_conduct_panel_outcome.pdf-behaviour with everyone. This corroborated Mr Lindridge’s account of events. ./Mr_Stephen_Lindridge_-_Professional_conduct_panel_outcome.pdf- ./Mr_Stephen_Lindridge_-_Professional_conduct_panel_outcome.pdf-The panel found Mr Lindridge’s explanation of the context behind the messages to be ./Mr_Stephen_Lindridge_-_Professional_conduct_panel_outcome.pdf-credible. It was consistent in both his oral and written evidence. Nevertheless, the panel ./Mr_Stephen_Lindridge_-_Professional_conduct_panel_outcome.pdf-was of the view that it is not appropriate for a teacher to message pupils. Furthermore, it -- ./Mr_Stephen_Lindridge_-_Professional_conduct_panel_outcome.pdf- 3. Your behaviour as may be found proven at Allegation 1 above was conduct ./Mr_Stephen_Lindridge_-_Professional_conduct_panel_outcome.pdf: of a sexual nature and/or was sexually motivated. ./Mr_Stephen_Lindridge_-_Professional_conduct_panel_outcome.pdf- ./Mr_Stephen_Lindridge_-_Professional_conduct_panel_outcome.pdf-The panel had regard to the legal advice received and formed its own view. It noted at ./Mr_Stephen_Lindridge_-_Professional_conduct_panel_outcome.pdf-the outset that it would be reasonable to assume that some of the allegations of ./Mr_Stephen_Lindridge_-_Professional_conduct_panel_outcome.pdf:misconduct that had been found proven against Mr Lindridge, could be seen as sexual in ./Mr_Stephen_Lindridge_-_Professional_conduct_panel_outcome.pdf-nature. ./Mr_Stephen_Lindridge_-_Professional_conduct_panel_outcome.pdf- ./Mr_Stephen_Lindridge_-_Professional_conduct_panel_outcome.pdf-The panel noted that the teacher denied the allegation and vehemently denied any ./Mr_Stephen_Lindridge_-_Professional_conduct_panel_outcome.pdf:sexual motivation to his actions. He consistently repeated his denial throughout the ./Mr_Stephen_Lindridge_-_Professional_conduct_panel_outcome.pdf-proceedings. ./Mr_Stephen_Lindridge_-_Professional_conduct_panel_outcome.pdf- ./Mr_Stephen_Lindridge_-_Professional_conduct_panel_outcome.pdf-The panel was at pains to scrutinise the evidence before it. It closely questioned Mr ./Mr_Stephen_Lindridge_-_Professional_conduct_panel_outcome.pdf-Lindridge due to the seriousness of the allegation, and in the light of his admissions as to ./Mr_Stephen_Lindridge_-_Professional_conduct_panel_outcome.pdf-an inappropriate relationship and making physical contact with Pupil A. ./Mr_Stephen_Lindridge_-_Professional_conduct_panel_outcome.pdf- ./Mr_Stephen_Lindridge_-_Professional_conduct_panel_outcome.pdf-The panel considered both the oral and written evidence of the teacher in which he ./Mr_Stephen_Lindridge_-_Professional_conduct_panel_outcome.pdf-admitted that ‘some of my actions were inappropriate and they could result in a ./Mr_Stephen_Lindridge_-_Professional_conduct_panel_outcome.pdf:questioning of my motives. However, I maintain that there was no sexual motivation or ./Mr_Stephen_Lindridge_-_Professional_conduct_panel_outcome.pdf-intent. I was very proud of Pupil A, given the progress she had made’. The panel noted ./Mr_Stephen_Lindridge_-_Professional_conduct_panel_outcome.pdf-that having reflected on some of his behaviour, he recognised that his actions could be ./Mr_Stephen_Lindridge_-_Professional_conduct_panel_outcome.pdf-interpreted as, ‘flirtatious’. However, he was consistent in his evidence that his actions ./Mr_Stephen_Lindridge_-_Professional_conduct_panel_outcome.pdf-were ‘always given in praise or support’. ./Mr_Stephen_Lindridge_-_Professional_conduct_panel_outcome.pdf- ./Mr_Stephen_Lindridge_-_Professional_conduct_panel_outcome.pdf-The panel heard from Mr Lindridge that he can be ‘over-enthusiastic’. This was confirmed ./Mr_Stephen_Lindridge_-_Professional_conduct_panel_outcome.pdf-by Witness B and who said he was, ‘extrovert’ and ‘craves attention’. The panel heard ./Mr_Stephen_Lindridge_-_Professional_conduct_panel_outcome.pdf-evidence that he had an ‘unguarded commitment’ to pupils, and this was accepted. ./Mr_Stephen_Lindridge_-_Professional_conduct_panel_outcome.pdf- ./Mr_Stephen_Lindridge_-_Professional_conduct_panel_outcome.pdf-The panel carefully assessed the teacher’s motivation in relation to his misconduct as ./Mr_Stephen_Lindridge_-_Professional_conduct_panel_outcome.pdf-found proven at allegation 1. Mr Lindridge was able to provide plausible explanations ./Mr_Stephen_Lindridge_-_Professional_conduct_panel_outcome.pdf-which gave context to his words and/or actions. The teacher was convincing. He was ./Mr_Stephen_Lindridge_-_Professional_conduct_panel_outcome.pdf-able to explain, in detail, the context of his conduct by reference to the particulars of the ./Mr_Stephen_Lindridge_-_Professional_conduct_panel_outcome.pdf-allegations. He gave clear evidence as to his state of mind at the time. The panel found ./Mr_Stephen_Lindridge_-_Professional_conduct_panel_outcome.pdf-this compelling and accepted his account. ./Mr_Stephen_Lindridge_-_Professional_conduct_panel_outcome.pdf- ./Mr_Stephen_Lindridge_-_Professional_conduct_panel_outcome.pdf-The panel noted that when questioned as to the possibility of his actions being ./Mr_Stephen_Lindridge_-_Professional_conduct_panel_outcome.pdf:considered sexual, he looked disgusted. At one point he stated that he ‘saw every pupil ./Mr_Stephen_Lindridge_-_Professional_conduct_panel_outcome.pdf-as someone else’s child’. Witness B stated ‘there was nothing in his demeanour then- or ./Mr_Stephen_Lindridge_-_Professional_conduct_panel_outcome.pdf-subsequently- which gave me cause for concern about the possibility of his having a ./Mr_Stephen_Lindridge_-_Professional_conduct_panel_outcome.pdf:romantic or sexual intent to Pupil A or any other young person’. The panel found Witness ./Mr_Stephen_Lindridge_-_Professional_conduct_panel_outcome.pdf-B to be credible and candid in her assessment of Mr Lindridge. It placed appropriate ./Mr_Stephen_Lindridge_-_Professional_conduct_panel_outcome.pdf-weight on her testimony. ./Mr_Stephen_Lindridge_-_Professional_conduct_panel_outcome.pdf- ./Mr_Stephen_Lindridge_-_Professional_conduct_panel_outcome.pdf- ./Mr_Stephen_Lindridge_-_Professional_conduct_panel_outcome.pdf- ./Mr_Stephen_Lindridge_-_Professional_conduct_panel_outcome.pdf- ./Mr_Stephen_Lindridge_-_Professional_conduct_panel_outcome.pdf- 13 ./Mr_Stephen_Lindridge_-_Professional_conduct_panel_outcome.pdf- -- ./Mr_Stephen_Lindridge_-_Professional_conduct_panel_outcome.pdf-On the balance of probabilities, and having subjected all the evidence to the most careful ./Mr_Stephen_Lindridge_-_Professional_conduct_panel_outcome.pdf-scrutiny and interrogation, the panel found that Mr Lindridge’s conduct was not of a ./Mr_Stephen_Lindridge_-_Professional_conduct_panel_outcome.pdf:sexual nature and was not sexually motivated. ./Mr_Stephen_Lindridge_-_Professional_conduct_panel_outcome.pdf- ./Mr_Stephen_Lindridge_-_Professional_conduct_panel_outcome.pdf-The panel found allegation 3 not proven. ./Mr_Stephen_Lindridge_-_Professional_conduct_panel_outcome.pdf- ./Mr_Stephen_Lindridge_-_Professional_conduct_panel_outcome.pdf- 4. Your conduct as may be found proven at Allegation 1 was contrary to the ./Mr_Stephen_Lindridge_-_Professional_conduct_panel_outcome.pdf- School's Acceptable use of IT and Communication Policy and/or Code of ./Mr_Stephen_Lindridge_-_Professional_conduct_panel_outcome.pdf- Conduct ./Mr_Stephen_Lindridge_-_Professional_conduct_panel_outcome.pdf- ./Mr_Stephen_Lindridge_-_Professional_conduct_panel_outcome.pdf-The panel noted that the teacher admitted the allegation and made an admission of ./Mr_Stephen_Lindridge_-_Professional_conduct_panel_outcome.pdf-unacceptable professional conduct and/or conduct that may bring the profession into ./Mr_Stephen_Lindridge_-_Professional_conduct_panel_outcome.pdf-disrepute. ./Mr_Stewart_Lindsay_SOS_Web_Decision.pdf-Allegations ./Mr_Stewart_Lindsay_SOS_Web_Decision.pdf-The panel considered the allegations set out in the Notice of Meeting dated 2 November ./Mr_Stewart_Lindsay_SOS_Web_Decision.pdf-2020. ./Mr_Stewart_Lindsay_SOS_Web_Decision.pdf- ./Mr_Stewart_Lindsay_SOS_Web_Decision.pdf-It was alleged that Mr Lindsay was guilty of unacceptable professional conduct and/or ./Mr_Stewart_Lindsay_SOS_Web_Decision.pdf-conduct that may bring the profession into disrepute, in that: ./Mr_Stewart_Lindsay_SOS_Web_Decision.pdf- ./Mr_Stewart_Lindsay_SOS_Web_Decision.pdf-Whilst employed as a teacher at Runwell Primary School he: ./Mr_Stewart_Lindsay_SOS_Web_Decision.pdf- ./Mr_Stewart_Lindsay_SOS_Web_Decision.pdf- 1. On or around the 22 June 2018, accessed an online video conference and was ./Mr_Stewart_Lindsay_SOS_Web_Decision.pdf: found to be present whilst other users streamed videos of child sexual abuse ./Mr_Stewart_Lindsay_SOS_Web_Decision.pdf- 2. On or around the 9 August 2018, he was arrested on suspicion of Child-Indecent ./Mr_Stewart_Lindsay_SOS_Web_Decision.pdf- Images. ./Mr_Stewart_Lindsay_SOS_Web_Decision.pdf-In his response to the notice of referral form, Mr Lindsay accepted the facts of the ./Mr_Stewart_Lindsay_SOS_Web_Decision.pdf-allegations. In a Statement of Agreed Facts, Mr Lindsay accepted that the facts admitted ./Mr_Stewart_Lindsay_SOS_Web_Decision.pdf-amount to unacceptable professional conduct and/or conduct that may bring the ./Mr_Stewart_Lindsay_SOS_Web_Decision.pdf-profession into disrepute. ./Mr_Stewart_Lindsay_SOS_Web_Decision.pdf- ./Mr_Stewart_Lindsay_SOS_Web_Decision.pdf- ./Mr_Stewart_Lindsay_SOS_Web_Decision.pdf-Preliminary applications ./Mr_Stewart_Lindsay_SOS_Web_Decision.pdf-The panel noted that since the date of the referral to the TRA in this case, new Teacher -- ./Mr_Stewart_Lindsay_SOS_Web_Decision.pdf-the meeting room that Mr Lindsay was logged into, and at least 15 of those participants ./Mr_Stewart_Lindsay_SOS_Web_Decision.pdf-had usernames indicative of a sexual interest in children. ./Mr_Stewart_Lindsay_SOS_Web_Decision.pdf- ./Mr_Stewart_Lindsay_SOS_Web_Decision.pdf-The police also confirmed that Mr Lindsay gave a “no comment” interview and gave no ./Mr_Stewart_Lindsay_SOS_Web_Decision.pdf-information to assist the police investigation. The transcript of that interview has not been ./Mr_Stewart_Lindsay_SOS_Web_Decision.pdf-provided to the panel. ./Mr_Stewart_Lindsay_SOS_Web_Decision.pdf- ./Mr_Stewart_Lindsay_SOS_Web_Decision.pdf-Mr Lindsay’s devices were examined and no illegal content found. ./Mr_Stewart_Lindsay_SOS_Web_Decision.pdf- ./Mr_Stewart_Lindsay_SOS_Web_Decision.pdf-When interviewed for the School’s disciplinary investigation, Mr Lindsay stated that “I was ./Mr_Stewart_Lindsay_SOS_Web_Decision.pdf:at home in the evening looking at legal adult porn and through following a link on a ./Mr_Stewart_Lindsay_SOS_Web_Decision.pdf:website I went to a video site the Police were referring to, to view adult legal porn. I did ./Mr_Stewart_Lindsay_SOS_Web_Decision.pdf:not see an [sic] illegal porn of children. The video site gives multiple screens on view”. He ./Mr_Stewart_Lindsay_SOS_Web_Decision.pdf-was asked whether this was “live streaming”. He responded, “Yes, Facetime. Chat to ./Mr_Stewart_Lindsay_SOS_Web_Decision.pdf-someone and do legal stuff, then went to bed. Next thing I was arrested at airport”. Mr ./Mr_Stewart_Lindsay_SOS_Web_Decision.pdf-Lindsay was then asked whether that was what he had told the police in the past, and Mr ./Mr_Stewart_Lindsay_SOS_Web_Decision.pdf-Lindsay said “yes”. Mr Lindsay was asked “Was there more than one screen?” He ./Mr_Stewart_Lindsay_SOS_Web_Decision.pdf- ./Mr_Stewart_Lindsay_SOS_Web_Decision.pdf- ./Mr_Stewart_Lindsay_SOS_Web_Decision.pdf- 6 ./Mr_Stewart_Lindsay_SOS_Web_Decision.pdf- -- ./Mr_Stewart_Lindsay_SOS_Web_Decision.pdf-responded, “Initially. You can click on one screen to see just one person, a private one to ./Mr_Stewart_Lindsay_SOS_Web_Decision.pdf-one”. He was asked whether there were any other screens running in the background ./Mr_Stewart_Lindsay_SOS_Web_Decision.pdf-and Mr Lindsay responded “I wouldn’t know”. He further said “I went to individual screen, ./Mr_Stewart_Lindsay_SOS_Web_Decision.pdf-no other screen. Just one person and me interacting. Just adults chatting from my ./Mr_Stewart_Lindsay_SOS_Web_Decision.pdf-interaction. Others in that space I would not know what they did”. Mr Lindsay confirmed ./Mr_Stewart_Lindsay_SOS_Web_Decision.pdf-that he accessed the video chat room on his phone so that when a window was picked it ./Mr_Stewart_Lindsay_SOS_Web_Decision.pdf-filled the whole screen. ./Mr_Stewart_Lindsay_SOS_Web_Decision.pdf- ./Mr_Stewart_Lindsay_SOS_Web_Decision.pdf-In his Statement of Agreed Facts, Mr Lindsay accepted that although he did not know of ./Mr_Stewart_Lindsay_SOS_Web_Decision.pdf:the online video depicting child sexual abuse, nor did he profess to know that he was in ./Mr_Stewart_Lindsay_SOS_Web_Decision.pdf-the presence of usernames in the chatroom of others who identified as paedophiles by ./Mr_Stewart_Lindsay_SOS_Web_Decision.pdf-the nature of their online username; he should have exercised a greater degree of care in ./Mr_Stewart_Lindsay_SOS_Web_Decision.pdf-accessing online material. Mr Lindsay indicated that although he does not recall entering ./Mr_Stewart_Lindsay_SOS_Web_Decision.pdf-“UK P” as a username, he accepts he must have done so, but denies that he held himself ./Mr_Stewart_Lindsay_SOS_Web_Decision.pdf-out to be a paedophile by the nature of his online username of “UK P” and denies that “P” ./Mr_Stewart_Lindsay_SOS_Web_Decision.pdf-stood for paedophile. ./Mr_Stewart_Lindsay_SOS_Web_Decision.pdf- ./Mr_Stewart_Lindsay_SOS_Web_Decision.pdf-The panel noted that it has not been alleged that Mr Lindsay intended to be present ./Mr_Stewart_Lindsay_SOS_Web_Decision.pdf-whilst videos of child abuse images were streamed, and the panel has therefore made no ./Mr_Stewart_Lindsay_SOS_Web_Decision.pdf-finding in this regard. -- ./Mr_Stewart_Lindsay_SOS_Web_Decision.pdf- and practices of the school in which they teach, and maintain high ./Mr_Stewart_Lindsay_SOS_Web_Decision.pdf- standards in their own attendance and punctuality; and ./Mr_Stewart_Lindsay_SOS_Web_Decision.pdf- ./Mr_Stewart_Lindsay_SOS_Web_Decision.pdf- o Teachers must have an understanding of, and always act within, the ./Mr_Stewart_Lindsay_SOS_Web_Decision.pdf- statutory frameworks which set out their professional duties and ./Mr_Stewart_Lindsay_SOS_Web_Decision.pdf- responsibilities. ./Mr_Stewart_Lindsay_SOS_Web_Decision.pdf- ./Mr_Stewart_Lindsay_SOS_Web_Decision.pdf-Mr Lindsay had received safeguarding training. Mr Lindsay confirmed he had received ./Mr_Stewart_Lindsay_SOS_Web_Decision.pdf-“Keeping Children Safe in Education”, the School’s Child Protection Policy and the ./Mr_Stewart_Lindsay_SOS_Web_Decision.pdf-School’s ICT Acceptable Use Agreement. In accessing a video conference platform that ./Mr_Stewart_Lindsay_SOS_Web_Decision.pdf:is otherwise being used to stream child sexual abuse and without due diligence as to ./Mr_Stewart_Lindsay_SOS_Web_Decision.pdf-what the video conference platform was otherwise being used for Mr Lindsay breached: ./Mr_Stewart_Lindsay_SOS_Web_Decision.pdf- ./Mr_Stewart_Lindsay_SOS_Web_Decision.pdf- • the obligation upon everyone working with children to keep children safe. ./Mr_Stewart_Lindsay_SOS_Web_Decision.pdf- • The School’s ICT Acceptable Use Agreement which required Mr Lindsay to ensure ./Mr_Stewart_Lindsay_SOS_Web_Decision.pdf- that his online activity, both in school and outside school, would not bring his ./Mr_Stewart_Lindsay_SOS_Web_Decision.pdf- professional role into disrepute. ./Mr_Stewart_Lindsay_SOS_Web_Decision.pdf-Further, Mr Lindsay failed to demonstrate his appreciation that Schools and their staff are ./Mr_Stewart_Lindsay_SOS_Web_Decision.pdf-an important part of the wider safeguarding system for children. ./Mr_Stewart_Lindsay_SOS_Web_Decision.pdf- ./Mr_Stewart_Lindsay_SOS_Web_Decision.pdf-With Mr Lindsay’s knowledge and training regarding safeguarding, Mr Lindsay ought to -- ./Mr_Stewart_Lindsay_SOS_Web_Decision.pdf-The panel finds that the conduct of Mr Lindsay fell significantly short of the standards ./Mr_Stewart_Lindsay_SOS_Web_Decision.pdf-expected of the profession. ./Mr_Stewart_Lindsay_SOS_Web_Decision.pdf- ./Mr_Stewart_Lindsay_SOS_Web_Decision.pdf-The findings of misconduct are extremely serious as they include a finding of accessing ./Mr_Stewart_Lindsay_SOS_Web_Decision.pdf:an online video chat room whilst others streamed videos of child sexual abuse and that ./Mr_Stewart_Lindsay_SOS_Web_Decision.pdf-Mr Lindsay was since arrested on suspicion of Child-Indecent images. Although he ./Mr_Stewart_Lindsay_SOS_Web_Decision.pdf:stated he did not know of the online video depicting child sexual abuse, he should have ./Mr_Stewart_Lindsay_SOS_Web_Decision.pdf-exercised a greater degree of care accessing online material and that led to a failure to ./Mr_Stewart_Lindsay_SOS_Web_Decision.pdf-ensure that children were properly safeguarded. ./Mr_Stewart_Lindsay_SOS_Web_Decision.pdf- ./Mr_Stewart_Lindsay_SOS_Web_Decision.pdf-I have to determine whether the imposition of a prohibition order is proportionate and in ./Mr_Stewart_Lindsay_SOS_Web_Decision.pdf-the public interest. In considering that for this case, I have considered the overall aim of a ./Mr_Stewart_Lindsay_SOS_Web_Decision.pdf-prohibition order which is to protect pupils and to maintain public confidence in the ./Mr_Stewart_Lindsay_SOS_Web_Decision.pdf-profession. I have considered the extent to which a prohibition order in this case would ./Mr_Stewart_Lindsay_SOS_Web_Decision.pdf-achieve that aim taking into account the impact that it will have on the individual teacher. ./Mr_Stewart_Lindsay_SOS_Web_Decision.pdf-I have also asked myself, whether a less intrusive measure, such as the published ./Mr_Stewart_Lindsay_SOS_Web_Decision.pdf-finding of unacceptable professional conduct and conduct that may bring the profession -- ./Mr_Stewart_Lindsay_SOS_Web_Decision.pdf- ./Mr_Stewart_Lindsay_SOS_Web_Decision.pdf-In this case, I have considered the extent to which a prohibition order would protect ./Mr_Stewart_Lindsay_SOS_Web_Decision.pdf-children. The panel has observed, “failing to exercise proper care in accessing material ./Mr_Stewart_Lindsay_SOS_Web_Decision.pdf-online, there was a strong public interest consideration in respect of the protection of ./Mr_Stewart_Lindsay_SOS_Web_Decision.pdf-pupils given the seriously harmful effects on children who were and remain victims of ./Mr_Stewart_Lindsay_SOS_Web_Decision.pdf-online activity by those using the video conference facility accessed by Mr Lindsay”. A ./Mr_Stewart_Lindsay_SOS_Web_Decision.pdf-prohibition order would therefore prevent such a risk from being present in the future. ./Mr_Stewart_Lindsay_SOS_Web_Decision.pdf- ./Mr_Stewart_Lindsay_SOS_Web_Decision.pdf-I have also taken into account the panel’s comments on insight and remorse, which the ./Mr_Stewart_Lindsay_SOS_Web_Decision.pdf-panel sets out as follows, “Mr Lindsay accepted that although he did not know of the ./Mr_Stewart_Lindsay_SOS_Web_Decision.pdf:online video depicting child sexual abuse, nor did he profess to know that he was in the ./Mr_Stewart_Lindsay_SOS_Web_Decision.pdf-presence of usernames in the chatroom of others who identified as paedophiles by the ./Mr_Stewart_Lindsay_SOS_Web_Decision.pdf-nature of their online username; he should have exercised a greater degree of care” and ./Mr_Stewart_Lindsay_SOS_Web_Decision.pdf-“Mr Lindsay explained that, at the time of the incident, he was single and lonely and ./Mr_Stewart_Lindsay_SOS_Web_Decision.pdf-wished to seek adult company online. Safeguarding of children however, is the most ./Mr_Stewart_Lindsay_SOS_Web_Decision.pdf-fundamental tenet of the profession. The panel was concerned that Mr Lindsay’s remorse ./Mr_Stewart_Lindsay_SOS_Web_Decision.pdf-related to the situation he had put himself in, rather than the devastatingly harmful effects ./Mr_Stewart_Lindsay_SOS_Web_Decision.pdf-on children”. The panel has also commented that the police confirmed that Mr Lindsay ./Mr_Stewart_Lindsay_SOS_Web_Decision.pdf-gave a “no comment” interview and gave no information to assist the police investigation. ./Mr_Stewart_Lindsay_SOS_Web_Decision.pdf-In my judgement, the lack of insight means that there is some risk of the repetition of this ./Mr_Stewart_Lindsay_SOS_Web_Decision.pdf-behaviour and that a failure to protect children who were and remain victims of such -- ./Mr_Stewart_Lindsay_SOS_Web_Decision.pdf-teacher and his commitment to education” and “Mr Lindsay has become an asset to the ./Mr_Stewart_Lindsay_SOS_Web_Decision.pdf-team and attested to the praise he has received of his performance and attitude. He is ./Mr_Stewart_Lindsay_SOS_Web_Decision.pdf-described as having a unique and diverse range of assessment and qualification ./Mr_Stewart_Lindsay_SOS_Web_Decision.pdf-knowledge”. A prohibition order would prevent Mr Lindsay from teaching. A prohibition ./Mr_Stewart_Lindsay_SOS_Web_Decision.pdf-order would also clearly deprive the public of his contribution to the profession for the ./Mr_Stewart_Lindsay_SOS_Web_Decision.pdf-period that it is in force. ./Mr_Stewart_Lindsay_SOS_Web_Decision.pdf- ./Mr_Stewart_Lindsay_SOS_Web_Decision.pdf-I have also placed considerable weight on the finding of the panel that Mr Lindsay had ./Mr_Stewart_Lindsay_SOS_Web_Decision.pdf-received safeguarding training, including “Keeping Children Safe in Education” and the ./Mr_Stewart_Lindsay_SOS_Web_Decision.pdf-Schools ICT agreement. By accessing an online platform being used to stream videos of ./Mr_Stewart_Lindsay_SOS_Web_Decision.pdf:child sexual abuse, without taking effective due diligence steps to understand what that ./Mr_Stewart_Lindsay_SOS_Web_Decision.pdf-platform was used for, Mr Lindsay breached the obligation upon everyone working with ./Mr_Stewart_Lindsay_SOS_Web_Decision.pdf-children to keep children safe and failed to ensure his online activity, both in school and ./Mr_Stewart_Lindsay_SOS_Web_Decision.pdf-outside school, would not bring his professional role into disrepute. In addition I noted the ./Mr_Stewart_Lindsay_SOS_Web_Decision.pdf-panel’s comment “Mr Lindsay failed to demonstrate his appreciation that Schools and ./Mr_Stewart_Lindsay_SOS_Web_Decision.pdf-their staff are an important part of the wider safeguarding system for children”. ./Mr_Stewart_Lindsay_SOS_Web_Decision.pdf- ./Mr_Stewart_Lindsay_SOS_Web_Decision.pdf-I have given less weight in my consideration of sanction therefore, to the contribution that ./Mr_Stewart_Lindsay_SOS_Web_Decision.pdf-Mr Lindsay has made to the profession. In my view, it is necessary to impose a ./Mr_Stewart_Lindsay_SOS_Web_Decision.pdf-prohibition order in order to maintain public confidence in the profession. A published ./Mr_Stewart_Lindsay_SOS_Web_Decision.pdf-decision, in light of the circumstances in this case, that is not fully backed up by remorse ./Mr_Thomas_Watson_14323_-SoS_decision_Unrestricted-Redacted_WEB.pdf- c. Offered to send Pupil A one or more images of his penis. ./Mr_Thomas_Watson_14323_-SoS_decision_Unrestricted-Redacted_WEB.pdf- ./Mr_Thomas_Watson_14323_-SoS_decision_Unrestricted-Redacted_WEB.pdf-2. Engaged in an inappropriate relationship with Pupil A, a former pupil, in that he: ./Mr_Thomas_Watson_14323_-SoS_decision_Unrestricted-Redacted_WEB.pdf- ./Mr_Thomas_Watson_14323_-SoS_decision_Unrestricted-Redacted_WEB.pdf- a. On or around 24 March 2015 contacted Pupil A via Facebook ./Mr_Thomas_Watson_14323_-SoS_decision_Unrestricted-Redacted_WEB.pdf- Messenger; ./Mr_Thomas_Watson_14323_-SoS_decision_Unrestricted-Redacted_WEB.pdf- ./Mr_Thomas_Watson_14323_-SoS_decision_Unrestricted-Redacted_WEB.pdf- b. Engaged in inappropriate conversations with Pupil A via Facebook ./Mr_Thomas_Watson_14323_-SoS_decision_Unrestricted-Redacted_WEB.pdf- Messenger; ./Mr_Thomas_Watson_14323_-SoS_decision_Unrestricted-Redacted_WEB.pdf- ./Mr_Thomas_Watson_14323_-SoS_decision_Unrestricted-Redacted_WEB.pdf: c. Sent messages of a sexual nature to Pupil A via Facebook ./Mr_Thomas_Watson_14323_-SoS_decision_Unrestricted-Redacted_WEB.pdf- Messenger; ./Mr_Thomas_Watson_14323_-SoS_decision_Unrestricted-Redacted_WEB.pdf- ./Mr_Thomas_Watson_14323_-SoS_decision_Unrestricted-Redacted_WEB.pdf- d. Asked Pupil A to send him images of herself in her underwear and/or ./Mr_Thomas_Watson_14323_-SoS_decision_Unrestricted-Redacted_WEB.pdf- topless on one or more occasions; ./Mr_Thomas_Watson_14323_-SoS_decision_Unrestricted-Redacted_WEB.pdf- ./Mr_Thomas_Watson_14323_-SoS_decision_Unrestricted-Redacted_WEB.pdf- e. Asked Pupil A to engage in a Skype conversation with him: ./Mr_Thomas_Watson_14323_-SoS_decision_Unrestricted-Redacted_WEB.pdf- ./Mr_Thomas_Watson_14323_-SoS_decision_Unrestricted-Redacted_WEB.pdf- i. To watch him masturbate; ./Mr_Thomas_Watson_14323_-SoS_decision_Unrestricted-Redacted_WEB.pdf- ./Mr_Thomas_Watson_14323_-SoS_decision_Unrestricted-Redacted_WEB.pdf- ii. To watch Pupil A undress; -- ./Mr_Thomas_Watson_14323_-SoS_decision_Unrestricted-Redacted_WEB.pdf- those emails he: ./Mr_Thomas_Watson_14323_-SoS_decision_Unrestricted-Redacted_WEB.pdf- ./Mr_Thomas_Watson_14323_-SoS_decision_Unrestricted-Redacted_WEB.pdf- i. Sent an image of a naked female, which he suggested ./Mr_Thomas_Watson_14323_-SoS_decision_Unrestricted-Redacted_WEB.pdf- was Person Z; ./Mr_Thomas_Watson_14323_-SoS_decision_Unrestricted-Redacted_WEB.pdf- ./Mr_Thomas_Watson_14323_-SoS_decision_Unrestricted-Redacted_WEB.pdf- ii. Asked Pupil A to send a naked image of herself. ./Mr_Thomas_Watson_14323_-SoS_decision_Unrestricted-Redacted_WEB.pdf- ./Mr_Thomas_Watson_14323_-SoS_decision_Unrestricted-Redacted_WEB.pdf-3. Engaged in an inappropriate relationship with Pupil B, a former pupil, in that Mr ./Mr_Thomas_Watson_14323_-SoS_decision_Unrestricted-Redacted_WEB.pdf- Watson: ./Mr_Thomas_Watson_14323_-SoS_decision_Unrestricted-Redacted_WEB.pdf- ./Mr_Thomas_Watson_14323_-SoS_decision_Unrestricted-Redacted_WEB.pdf: a. Exchanged messages of a sexual nature with Pupil B using online ./Mr_Thomas_Watson_14323_-SoS_decision_Unrestricted-Redacted_WEB.pdf- means of communication; ./Mr_Thomas_Watson_14323_-SoS_decision_Unrestricted-Redacted_WEB.pdf- ./Mr_Thomas_Watson_14323_-SoS_decision_Unrestricted-Redacted_WEB.pdf: b. Exchanged photographs of a sexual nature with Pupil B using online ./Mr_Thomas_Watson_14323_-SoS_decision_Unrestricted-Redacted_WEB.pdf- means of communication; ./Mr_Thomas_Watson_14323_-SoS_decision_Unrestricted-Redacted_WEB.pdf- ./Mr_Thomas_Watson_14323_-SoS_decision_Unrestricted-Redacted_WEB.pdf- c. Sent Pupil B one or more emails, pretending to be Person Z, and in ./Mr_Thomas_Watson_14323_-SoS_decision_Unrestricted-Redacted_WEB.pdf- those emails he: ./Mr_Thomas_Watson_14323_-SoS_decision_Unrestricted-Redacted_WEB.pdf- ./Mr_Thomas_Watson_14323_-SoS_decision_Unrestricted-Redacted_WEB.pdf- ./Mr_Thomas_Watson_14323_-SoS_decision_Unrestricted-Redacted_WEB.pdf- ./Mr_Thomas_Watson_14323_-SoS_decision_Unrestricted-Redacted_WEB.pdf- 4 ./Mr_Thomas_Watson_14323_-SoS_decision_Unrestricted-Redacted_WEB.pdf- -- ./Mr_Thomas_Watson_14323_-SoS_decision_Unrestricted-Redacted_WEB.pdf- d. Sent one or more photographs of Person Z in a state of undress ./Mr_Thomas_Watson_14323_-SoS_decision_Unrestricted-Redacted_WEB.pdf- and/or naked to Pupil B via email; ./Mr_Thomas_Watson_14323_-SoS_decision_Unrestricted-Redacted_WEB.pdf- ./Mr_Thomas_Watson_14323_-SoS_decision_Unrestricted-Redacted_WEB.pdf- e. Engaged in one or more Skype conversations with Pupil B in which: ./Mr_Thomas_Watson_14323_-SoS_decision_Unrestricted-Redacted_WEB.pdf- ./Mr_Thomas_Watson_14323_-SoS_decision_Unrestricted-Redacted_WEB.pdf- i. He masturbated; ./Mr_Thomas_Watson_14323_-SoS_decision_Unrestricted-Redacted_WEB.pdf- ./Mr_Thomas_Watson_14323_-SoS_decision_Unrestricted-Redacted_WEB.pdf- ii. He watched Pupil B masturbate; ./Mr_Thomas_Watson_14323_-SoS_decision_Unrestricted-Redacted_WEB.pdf- ./Mr_Thomas_Watson_14323_-SoS_decision_Unrestricted-Redacted_WEB.pdf- f. Met Pupil B on one or more occasions on School premises and/or in ./Mr_Thomas_Watson_14323_-SoS_decision_Unrestricted-Redacted_WEB.pdf: the vicinity of the School and engaged in sexual activity. ./Mr_Thomas_Watson_14323_-SoS_decision_Unrestricted-Redacted_WEB.pdf- ./Mr_Thomas_Watson_14323_-SoS_decision_Unrestricted-Redacted_WEB.pdf:4. Mr Watson's conduct at 1(a) – (c), 2(c)-(g) and 3(a)-(f) above was sexually ./Mr_Thomas_Watson_14323_-SoS_decision_Unrestricted-Redacted_WEB.pdf- motivated. ./Mr_Thomas_Watson_14323_-SoS_decision_Unrestricted-Redacted_WEB.pdf- ./Mr_Thomas_Watson_14323_-SoS_decision_Unrestricted-Redacted_WEB.pdf-5. Mr Watson accepted a caution from Derbyshire Constabulary on 22 September ./Mr_Thomas_Watson_14323_-SoS_decision_Unrestricted-Redacted_WEB.pdf- 2015 for the offence of harassment between 24/03/15 - 27/03/15 contrary to ./Mr_Thomas_Watson_14323_-SoS_decision_Unrestricted-Redacted_WEB.pdf- Section 2(1) and 2(2) of the Protection from Harassment Act. ./Mr_Thomas_Watson_14323_-SoS_decision_Unrestricted-Redacted_WEB.pdf- ./Mr_Thomas_Watson_14323_-SoS_decision_Unrestricted-Redacted_WEB.pdf-On 20 January 2017, Mr Watson signed the Notice of Proceedings Form (the "NOP ./Mr_Thomas_Watson_14323_-SoS_decision_Unrestricted-Redacted_WEB.pdf-Form"). In relation to question 4 on the NOP Form, namely "Do you admit the allegations ./Mr_Thomas_Watson_14323_-SoS_decision_Unrestricted-Redacted_WEB.pdf-set out in the Notice of Proceedings dated 17 January 2017?", Mr Watson circled "yes". ./Mr_Thomas_Watson_14323_-SoS_decision_Unrestricted-Redacted_WEB.pdf-In relation to question 5 on the NOP Form, namely "If you answered yes to q4, do you -- ./Mr_Thomas_Watson_14323_-SoS_decision_Unrestricted-Redacted_WEB.pdf- ./Mr_Thomas_Watson_14323_-SoS_decision_Unrestricted-Redacted_WEB.pdf-The panel is satisfied, on the basis of Mr Watson's admission in the NOP Form; Mr ./Mr_Thomas_Watson_14323_-SoS_decision_Unrestricted-Redacted_WEB.pdf-Watson's police interview on 3 July 2015, and from a close review of the transcript of the ./Mr_Thomas_Watson_14323_-SoS_decision_Unrestricted-Redacted_WEB.pdf-Facebook messages Mr Watson exchanged with Pupil A (at pages 82 – 118 of the ./Mr_Thomas_Watson_14323_-SoS_decision_Unrestricted-Redacted_WEB.pdf-bundle), that allegations 2(a)-2(b) are proven. ./Mr_Thomas_Watson_14323_-SoS_decision_Unrestricted-Redacted_WEB.pdf- ./Mr_Thomas_Watson_14323_-SoS_decision_Unrestricted-Redacted_WEB.pdf-Mr Watson told the Police he had contacted Pupil A on Facebook one evening before the ./Mr_Thomas_Watson_14323_-SoS_decision_Unrestricted-Redacted_WEB.pdf-Easter holidays. Mr Watson explained there was a record of the conversation shown to ./Mr_Thomas_Watson_14323_-SoS_decision_Unrestricted-Redacted_WEB.pdf-the police when the allegations were first made to the police by Pupil A. Mr Watson told ./Mr_Thomas_Watson_14323_-SoS_decision_Unrestricted-Redacted_WEB.pdf-the police that he was not in a "very good space", due to his personal circumstances and ./Mr_Thomas_Watson_14323_-SoS_decision_Unrestricted-Redacted_WEB.pdf:was essentially "sexually frustrated". Mr Watson began to tell Pupil A he was "feeling ./Mr_Thomas_Watson_14323_-SoS_decision_Unrestricted-Redacted_WEB.pdf:very stressed and frustrated sexually". Mr Watson told the police further that "basically I ./Mr_Thomas_Watson_14323_-SoS_decision_Unrestricted-Redacted_WEB.pdf:was asking for sexual favours on line which I know is not good behaviour if you are a ./Mr_Thomas_Watson_14323_-SoS_decision_Unrestricted-Redacted_WEB.pdf-teacher". The panel has no difficulty in finding that the conversations Mr Watson engaged ./Mr_Thomas_Watson_14323_-SoS_decision_Unrestricted-Redacted_WEB.pdf-in with Pupil A on Facebook were inappropriate. ./Mr_Thomas_Watson_14323_-SoS_decision_Unrestricted-Redacted_WEB.pdf- ./Mr_Thomas_Watson_14323_-SoS_decision_Unrestricted-Redacted_WEB.pdf: c. Sent messages of a sexual nature to Pupil A via Facebook Messenger; ./Mr_Thomas_Watson_14323_-SoS_decision_Unrestricted-Redacted_WEB.pdf- ./Mr_Thomas_Watson_14323_-SoS_decision_Unrestricted-Redacted_WEB.pdf:The panel is satisfied that Mr Watson sent Pupil A messages of a sexual nature via ./Mr_Thomas_Watson_14323_-SoS_decision_Unrestricted-Redacted_WEB.pdf-Facebook Messenger. For example, at page 91 of the bundle, Mr Watson told Pupil A ./Mr_Thomas_Watson_14323_-SoS_decision_Unrestricted-Redacted_WEB.pdf- ./Mr_Thomas_Watson_14323_-SoS_decision_Unrestricted-Redacted_WEB.pdf- ./Mr_Thomas_Watson_14323_-SoS_decision_Unrestricted-Redacted_WEB.pdf- 10 ./Mr_Thomas_Watson_14323_-SoS_decision_Unrestricted-Redacted_WEB.pdf- -- ./Mr_Thomas_Watson_14323_-SoS_decision_Unrestricted-Redacted_WEB.pdf-image of herself. In his police interview, Mr Watson admitted to pretending to be Person ./Mr_Thomas_Watson_14323_-SoS_decision_Unrestricted-Redacted_WEB.pdf-Z online and that he "lied" to Pupil A "to try and solicit pictures". Mr Watson admitted to ./Mr_Thomas_Watson_14323_-SoS_decision_Unrestricted-Redacted_WEB.pdf-sending Pupil A one or two emails (page 64). Copies of the emails are in the bundle and ./Mr_Thomas_Watson_14323_-SoS_decision_Unrestricted-Redacted_WEB.pdf-the panel is satisfied that one of them purports to be from Person Z, and attaching a ./Mr_Thomas_Watson_14323_-SoS_decision_Unrestricted-Redacted_WEB.pdf-picture of herself naked (page 120) and a further email, purporting to be from Person Z, ./Mr_Thomas_Watson_14323_-SoS_decision_Unrestricted-Redacted_WEB.pdf-asked Pupil A to send a "return image". ./Mr_Thomas_Watson_14323_-SoS_decision_Unrestricted-Redacted_WEB.pdf- ./Mr_Thomas_Watson_14323_-SoS_decision_Unrestricted-Redacted_WEB.pdf-3. Engaged in an inappropriate relationship with Pupil B, a former pupil, in that ./Mr_Thomas_Watson_14323_-SoS_decision_Unrestricted-Redacted_WEB.pdf- you: ./Mr_Thomas_Watson_14323_-SoS_decision_Unrestricted-Redacted_WEB.pdf- ./Mr_Thomas_Watson_14323_-SoS_decision_Unrestricted-Redacted_WEB.pdf: a. Exchanged messages of a sexual nature with Pupil B using online ./Mr_Thomas_Watson_14323_-SoS_decision_Unrestricted-Redacted_WEB.pdf- means of communication; ./Mr_Thomas_Watson_14323_-SoS_decision_Unrestricted-Redacted_WEB.pdf- ./Mr_Thomas_Watson_14323_-SoS_decision_Unrestricted-Redacted_WEB.pdf: b. Exchanged photographs of a sexual nature with Pupil B using online ./Mr_Thomas_Watson_14323_-SoS_decision_Unrestricted-Redacted_WEB.pdf- means of communication; ./Mr_Thomas_Watson_14323_-SoS_decision_Unrestricted-Redacted_WEB.pdf- ./Mr_Thomas_Watson_14323_-SoS_decision_Unrestricted-Redacted_WEB.pdf-The panel has noted Mr Watson's admissions in his police interview to sending ./Mr_Thomas_Watson_14323_-SoS_decision_Unrestricted-Redacted_WEB.pdf:messages and photographs of a sexual nature with Pupil B online. Mr Watson stated ./Mr_Thomas_Watson_14323_-SoS_decision_Unrestricted-Redacted_WEB.pdf-that, at some point, Pupil B had sent him a picture of herself in a waistcoat which had ./Mr_Thomas_Watson_14323_-SoS_decision_Unrestricted-Redacted_WEB.pdf-nothing underneath it and it was a provocative photo. Mr Watson replied to Pupil B ./Mr_Thomas_Watson_14323_-SoS_decision_Unrestricted-Redacted_WEB.pdf:stating that it "looked nice". Mr Watson stated that he sent her pictures of a "sexual ./Mr_Thomas_Watson_14323_-SoS_decision_Unrestricted-Redacted_WEB.pdf-nature" of himself nude, and with an "erect penis" (page 58). ./Mr_Thomas_Watson_14323_-SoS_decision_Unrestricted-Redacted_WEB.pdf- ./Mr_Thomas_Watson_14323_-SoS_decision_Unrestricted-Redacted_WEB.pdf- c. Sent Pupil B one or more emails, pretending to be Person Z, and in ./Mr_Thomas_Watson_14323_-SoS_decision_Unrestricted-Redacted_WEB.pdf- those emails you: ./Mr_Thomas_Watson_14323_-SoS_decision_Unrestricted-Redacted_WEB.pdf- ./Mr_Thomas_Watson_14323_-SoS_decision_Unrestricted-Redacted_WEB.pdf- i. Asked Pupil B to send one or more naked images of herself; ./Mr_Thomas_Watson_14323_-SoS_decision_Unrestricted-Redacted_WEB.pdf- ./Mr_Thomas_Watson_14323_-SoS_decision_Unrestricted-Redacted_WEB.pdf- ii. Asked Pupil B to film herself undressing; ./Mr_Thomas_Watson_14323_-SoS_decision_Unrestricted-Redacted_WEB.pdf- ./Mr_Thomas_Watson_14323_-SoS_decision_Unrestricted-Redacted_WEB.pdf-The panel has noted Mr Watson's admissions in his police interview that he pretended to -- ./Mr_Thomas_Watson_14323_-SoS_decision_Unrestricted-Redacted_WEB.pdf- ./Mr_Thomas_Watson_14323_-SoS_decision_Unrestricted-Redacted_WEB.pdf- i. You masturbated; ./Mr_Thomas_Watson_14323_-SoS_decision_Unrestricted-Redacted_WEB.pdf- ./Mr_Thomas_Watson_14323_-SoS_decision_Unrestricted-Redacted_WEB.pdf- ii. You watched Pupil B masturbate. ./Mr_Thomas_Watson_14323_-SoS_decision_Unrestricted-Redacted_WEB.pdf- ./Mr_Thomas_Watson_14323_-SoS_decision_Unrestricted-Redacted_WEB.pdf-The panel has noted Mr Watson's admission in his police interview to masturbating while ./Mr_Thomas_Watson_14323_-SoS_decision_Unrestricted-Redacted_WEB.pdf-on Skype and watching Pupil B masturbating too (page 59). Pupil B confirmed this in her ./Mr_Thomas_Watson_14323_-SoS_decision_Unrestricted-Redacted_WEB.pdf-video evidence. ./Mr_Thomas_Watson_14323_-SoS_decision_Unrestricted-Redacted_WEB.pdf- ./Mr_Thomas_Watson_14323_-SoS_decision_Unrestricted-Redacted_WEB.pdf- f. Met Pupil B on one or more occasions on School premises and/or in ./Mr_Thomas_Watson_14323_-SoS_decision_Unrestricted-Redacted_WEB.pdf: the vicinity of the School and engaged in sexual activity. ./Mr_Thomas_Watson_14323_-SoS_decision_Unrestricted-Redacted_WEB.pdf- ./Mr_Thomas_Watson_14323_-SoS_decision_Unrestricted-Redacted_WEB.pdf-The panel has noted Mr Watson's admission during his police interview to touching Pupil ./Mr_Thomas_Watson_14323_-SoS_decision_Unrestricted-Redacted_WEB.pdf-B's bare breasts, after he had walked from the school to a park. Mr Watson admitted this ./Mr_Thomas_Watson_14323_-SoS_decision_Unrestricted-Redacted_WEB.pdf-aroused him (page 63). During her police interview, Pupil B stated that Mr Watson met up ./Mr_Thomas_Watson_14323_-SoS_decision_Unrestricted-Redacted_WEB.pdf-in the attic at the school on more than twenty occasions and engaged in physical ./Mr_Thomas_Watson_14323_-SoS_decision_Unrestricted-Redacted_WEB.pdf:touching including on Mr Watson's penis and her vagina and oral sex. The panel ./Mr_Thomas_Watson_14323_-SoS_decision_Unrestricted-Redacted_WEB.pdf:preferred Pupil B's evidence as to the frequency and nature of the sexual activity. ./Mr_Thomas_Watson_14323_-SoS_decision_Unrestricted-Redacted_WEB.pdf- ./Mr_Thomas_Watson_14323_-SoS_decision_Unrestricted-Redacted_WEB.pdf:4. Your conduct at 1(a)-(c), 2(c)-(g) and 3(a)-(f) above was sexually motivated. ./Mr_Thomas_Watson_14323_-SoS_decision_Unrestricted-Redacted_WEB.pdf- ./Mr_Thomas_Watson_14323_-SoS_decision_Unrestricted-Redacted_WEB.pdf-In determining whether the facts found proved, at paragraphs 1(a)-1(c) 2(c)-2(g) and ./Mr_Thomas_Watson_14323_-SoS_decision_Unrestricted-Redacted_WEB.pdf:3(a)–3(f), were sexually motivated, the panel considered whether Mr Watson's conduct ./Mr_Thomas_Watson_14323_-SoS_decision_Unrestricted-Redacted_WEB.pdf:was for the purpose of his own sexual gratification or needs. The panel considered the ./Mr_Thomas_Watson_14323_-SoS_decision_Unrestricted-Redacted_WEB.pdf-position in relation to Pupil A and Pupil B separately. ./Mr_Thomas_Watson_14323_-SoS_decision_Unrestricted-Redacted_WEB.pdf- ./Mr_Thomas_Watson_14323_-SoS_decision_Unrestricted-Redacted_WEB.pdf:The panel considered Mr Watson's admission to the police to feeling sexually frustrated, ./Mr_Thomas_Watson_14323_-SoS_decision_Unrestricted-Redacted_WEB.pdf-due to his personal circumstances. The panel also considered Mr Watson's admission to ./Mr_Thomas_Watson_14323_-SoS_decision_Unrestricted-Redacted_WEB.pdf-the police in pretending to be Person Z in order to solicit pictures from Pupils A and B ./Mr_Thomas_Watson_14323_-SoS_decision_Unrestricted-Redacted_WEB.pdf-and that this was for his "gratification I suppose to get something from them" (page 64). ./Mr_Thomas_Watson_14323_-SoS_decision_Unrestricted-Redacted_WEB.pdf- ./Mr_Thomas_Watson_14323_-SoS_decision_Unrestricted-Redacted_WEB.pdf-In relation to Pupil A, Mr Watson told police during his interview that he was asking her ./Mr_Thomas_Watson_14323_-SoS_decision_Unrestricted-Redacted_WEB.pdf:for "sexual favours on line" and Mr Watson knew it was "not good behaviour if you are a ./Mr_Thomas_Watson_14323_-SoS_decision_Unrestricted-Redacted_WEB.pdf-teacher" (page 49). Mr Watson told Pupil A, during his Facebook message exchange, ./Mr_Thomas_Watson_14323_-SoS_decision_Unrestricted-Redacted_WEB.pdf:that he was feeling very frustrated sexually and expressed his need to find someone who ./Mr_Thomas_Watson_14323_-SoS_decision_Unrestricted-Redacted_WEB.pdf-would not mind seeing him masturbate (page 90). In relation to the facts the panel have ./Mr_Thomas_Watson_14323_-SoS_decision_Unrestricted-Redacted_WEB.pdf:found proven in relation to Pupil A, these comprise of requests for sexual images, ./Mr_Thomas_Watson_14323_-SoS_decision_Unrestricted-Redacted_WEB.pdf:offering to send Pupil A sexual images, and seeking to engage her in an act of watching ./Mr_Thomas_Watson_14323_-SoS_decision_Unrestricted-Redacted_WEB.pdf-Mr Watson masturbate. In addition, the panel considers that, when Pupil A did not ./Mr_Thomas_Watson_14323_-SoS_decision_Unrestricted-Redacted_WEB.pdf-reciprocate Mr Watson then pretended to be Person Z and sent Pupil A an image of a ./Mr_Thomas_Watson_14323_-SoS_decision_Unrestricted-Redacted_WEB.pdf-naked female and again tried to solicit a naked image in response. The panel considers ./Mr_Thomas_Watson_14323_-SoS_decision_Unrestricted-Redacted_WEB.pdf:Mr Watson's conduct was for his own sexual gratification. The panel considers the ./Mr_Thomas_Watson_14323_-SoS_decision_Unrestricted-Redacted_WEB.pdf:conduct was for the purpose of establishing a personal and sexual relationship with Pupil ./Mr_Thomas_Watson_14323_-SoS_decision_Unrestricted-Redacted_WEB.pdf:A and was, therefore, sexually motivated. ./Mr_Thomas_Watson_14323_-SoS_decision_Unrestricted-Redacted_WEB.pdf- ./Mr_Thomas_Watson_14323_-SoS_decision_Unrestricted-Redacted_WEB.pdf- ./Mr_Thomas_Watson_14323_-SoS_decision_Unrestricted-Redacted_WEB.pdf- ./Mr_Thomas_Watson_14323_-SoS_decision_Unrestricted-Redacted_WEB.pdf- ./Mr_Thomas_Watson_14323_-SoS_decision_Unrestricted-Redacted_WEB.pdf- 13 ./Mr_Thomas_Watson_14323_-SoS_decision_Unrestricted-Redacted_WEB.pdf- -- ./Mr_Thomas_Watson_14323_-SoS_decision_Unrestricted-Redacted_WEB.pdf-In relation to Pupil B, the panel has found proven that Mr Watson exchanged messages ./Mr_Thomas_Watson_14323_-SoS_decision_Unrestricted-Redacted_WEB.pdf:and photographs of a sexual nature, Mr Watson similarly pretended to be Person Z and ./Mr_Thomas_Watson_14323_-SoS_decision_Unrestricted-Redacted_WEB.pdf-sought to elicit naked images, and Mr Watson requested Pupil B to film herself ./Mr_Thomas_Watson_14323_-SoS_decision_Unrestricted-Redacted_WEB.pdf-undressing. Further, Mr Watson sent Pupil B naked images of Person Z. In addition, Mr ./Mr_Thomas_Watson_14323_-SoS_decision_Unrestricted-Redacted_WEB.pdf-Watson masturbated during conversations with Pupil B on Skype and watched Pupil B ./Mr_Thomas_Watson_14323_-SoS_decision_Unrestricted-Redacted_WEB.pdf:masturbating (Mr Watson described this to the police as "Cyber-sex"). Finally, Mr Watson ./Mr_Thomas_Watson_14323_-SoS_decision_Unrestricted-Redacted_WEB.pdf:engaged in sexual activity with Pupil B which involved direct 'hands on' touching and ./Mr_Thomas_Watson_14323_-SoS_decision_Unrestricted-Redacted_WEB.pdf-fondling. The panel considers that the conduct at paragraphs 3.a – 3.f was clearly for Mr ./Mr_Thomas_Watson_14323_-SoS_decision_Unrestricted-Redacted_WEB.pdf:Watson's own sexual gratification and was, therefore, sexually motivated. ./Mr_Thomas_Watson_14323_-SoS_decision_Unrestricted-Redacted_WEB.pdf- ./Mr_Thomas_Watson_14323_-SoS_decision_Unrestricted-Redacted_WEB.pdf-5. You accepted a caution from Derbyshire Constabulary on 22 September ./Mr_Thomas_Watson_14323_-SoS_decision_Unrestricted-Redacted_WEB.pdf- 2015 for the offence of harassment between 24/3/15 - 27/03/15 contrary to ./Mr_Thomas_Watson_14323_-SoS_decision_Unrestricted-Redacted_WEB.pdf- Section 2(1) and 2(2) of the Protection from Harassment Act. ./Mr_Thomas_Watson_14323_-SoS_decision_Unrestricted-Redacted_WEB.pdf- ./Mr_Thomas_Watson_14323_-SoS_decision_Unrestricted-Redacted_WEB.pdf-The panel has considered the copy of Mr Watson's signed caution dated 22 September ./Mr_Thomas_Watson_14323_-SoS_decision_Unrestricted-Redacted_WEB.pdf-2015 for the offence of harassment, contrary to section 2(1) and 2(2) of the Protection ./Mr_Thomas_Watson_14323_-SoS_decision_Unrestricted-Redacted_WEB.pdf-from Harassment Act (page 121), and finds allegation 5 proven on the basis of the ./Mr_Thomas_Watson_14323_-SoS_decision_Unrestricted-Redacted_WEB.pdf-caution document. ./Mr_Thomas_Watson_14323_-SoS_decision_Unrestricted-Redacted_WEB.pdf- -- ./Mr_Thomas_Watson_14323_-SoS_decision_Unrestricted-Redacted_WEB.pdf- frameworks which set out their professional duties and responsibilities. ./Mr_Thomas_Watson_14323_-SoS_decision_Unrestricted-Redacted_WEB.pdf-The panel is satisfied that the conduct of Mr Watson fell significantly short of the ./Mr_Thomas_Watson_14323_-SoS_decision_Unrestricted-Redacted_WEB.pdf-standards expected of the profession. ./Mr_Thomas_Watson_14323_-SoS_decision_Unrestricted-Redacted_WEB.pdf- ./Mr_Thomas_Watson_14323_-SoS_decision_Unrestricted-Redacted_WEB.pdf-The panel has noted Mr Watson's submission that he acted in a way that was not ./Mr_Thomas_Watson_14323_-SoS_decision_Unrestricted-Redacted_WEB.pdf-appropriate and that he did overstep the bounds of the relationships he had with former ./Mr_Thomas_Watson_14323_-SoS_decision_Unrestricted-Redacted_WEB.pdf-pupils. ./Mr_Thomas_Watson_14323_-SoS_decision_Unrestricted-Redacted_WEB.pdf- ./Mr_Thomas_Watson_14323_-SoS_decision_Unrestricted-Redacted_WEB.pdf-The panel has found allegation 1(a)-1(c) proven that Mr Watson engaged in an ./Mr_Thomas_Watson_14323_-SoS_decision_Unrestricted-Redacted_WEB.pdf-inappropriate relationship with Pupil A whilst she was still attending the school gym club. ./Mr_Thomas_Watson_14323_-SoS_decision_Unrestricted-Redacted_WEB.pdf:The panel has also found allegation 3(f) proven, that Mr Watson engaged in sexual ./Mr_Thomas_Watson_14323_-SoS_decision_Unrestricted-Redacted_WEB.pdf-activity on one or more occasions on the school premises with Pupil B and in the vicinity ./Mr_Thomas_Watson_14323_-SoS_decision_Unrestricted-Redacted_WEB.pdf-of the school. The panel considers that Mr Watson did not treat either pupil with dignity or ./Mr_Thomas_Watson_14323_-SoS_decision_Unrestricted-Redacted_WEB.pdf-respect and did not observe proper boundaries appropriate to his profession. ./Mr_Thomas_Watson_14323_-SoS_decision_Unrestricted-Redacted_WEB.pdf- ./Mr_Thomas_Watson_14323_-SoS_decision_Unrestricted-Redacted_WEB.pdf-The panel notes that the allegations 2(a)-2(g) and 3(a)-3(e) took place outside of the ./Mr_Thomas_Watson_14323_-SoS_decision_Unrestricted-Redacted_WEB.pdf-immediate education setting. The panel, however, considers that at the time of the ./Mr_Thomas_Watson_14323_-SoS_decision_Unrestricted-Redacted_WEB.pdf-allegations Mr Watson was still in a position of trust and there were ongoing connections ./Mr_Thomas_Watson_14323_-SoS_decision_Unrestricted-Redacted_WEB.pdf-to the school in relation to Pupils A and B by way of afterschool clubs on the school ./Mr_Thomas_Watson_14323_-SoS_decision_Unrestricted-Redacted_WEB.pdf-premises. Mr Watson had been the pupils' teacher. Subsequently, Mr Watson was in ./Mr_Thomas_Watson_14323_-SoS_decision_Unrestricted-Redacted_WEB.pdf-charge of the afterschool gym club at which Pupil A attended and he coached Pupil A. Mr -- ./Mr_Thomas_Watson_14323_-SoS_decision_Unrestricted-Redacted_WEB.pdf-measure, and whether it is in the public interest to do so. Prohibition orders should not be ./Mr_Thomas_Watson_14323_-SoS_decision_Unrestricted-Redacted_WEB.pdf-given in order to be punitive, or to show that blame has been apportioned, although they ./Mr_Thomas_Watson_14323_-SoS_decision_Unrestricted-Redacted_WEB.pdf-are likely to have punitive effect. ./Mr_Thomas_Watson_14323_-SoS_decision_Unrestricted-Redacted_WEB.pdf- ./Mr_Thomas_Watson_14323_-SoS_decision_Unrestricted-Redacted_WEB.pdf-The panel has considered the particular public interest considerations set out in the ./Mr_Thomas_Watson_14323_-SoS_decision_Unrestricted-Redacted_WEB.pdf-Advice and having done so has found a number of them to be relevant in this case, ./Mr_Thomas_Watson_14323_-SoS_decision_Unrestricted-Redacted_WEB.pdf-namely: the protection of pupils, the maintenance of public confidence in the profession ./Mr_Thomas_Watson_14323_-SoS_decision_Unrestricted-Redacted_WEB.pdf-and declaring and upholding proper standards of conduct. ./Mr_Thomas_Watson_14323_-SoS_decision_Unrestricted-Redacted_WEB.pdf- ./Mr_Thomas_Watson_14323_-SoS_decision_Unrestricted-Redacted_WEB.pdf-In light of the panel’s findings against Mr Watson, which involved repeated instances of ./Mr_Thomas_Watson_14323_-SoS_decision_Unrestricted-Redacted_WEB.pdf:serious, sexually motivated conduct of various types, involving two different former pupils, ./Mr_Thomas_Watson_14323_-SoS_decision_Unrestricted-Redacted_WEB.pdf-one over a protracted period of time, there is a strong public interest consideration in ./Mr_Thomas_Watson_14323_-SoS_decision_Unrestricted-Redacted_WEB.pdf-respect of the protection of pupils. The panel considers that there is a risk of repetition of ./Mr_Thomas_Watson_14323_-SoS_decision_Unrestricted-Redacted_WEB.pdf-the behaviour. ./Mr_Thomas_Watson_14323_-SoS_decision_Unrestricted-Redacted_WEB.pdf- ./Mr_Thomas_Watson_14323_-SoS_decision_Unrestricted-Redacted_WEB.pdf-Similarly, the panel considers that public confidence in the profession could be seriously ./Mr_Thomas_Watson_14323_-SoS_decision_Unrestricted-Redacted_WEB.pdf-weakened if conduct such as that found against Mr Watson were not treated with the ./Mr_Thomas_Watson_14323_-SoS_decision_Unrestricted-Redacted_WEB.pdf-utmost seriousness when regulating the conduct of the profession. ./Mr_Thomas_Watson_14323_-SoS_decision_Unrestricted-Redacted_WEB.pdf- ./Mr_Thomas_Watson_14323_-SoS_decision_Unrestricted-Redacted_WEB.pdf-The panel also considered that a strong public interest consideration in declaring proper ./Mr_Thomas_Watson_14323_-SoS_decision_Unrestricted-Redacted_WEB.pdf-standards of conduct in the profession was also present, as the conduct found against Mr -- ./Mr_Thomas_Watson_14323_-SoS_decision_Unrestricted-Redacted_WEB.pdf-order may be appropriate if certain behaviours of a teacher have been proven. In the list ./Mr_Thomas_Watson_14323_-SoS_decision_Unrestricted-Redacted_WEB.pdf-of such behaviours, those that are relevant in this case are: ./Mr_Thomas_Watson_14323_-SoS_decision_Unrestricted-Redacted_WEB.pdf- ./Mr_Thomas_Watson_14323_-SoS_decision_Unrestricted-Redacted_WEB.pdf-  Serious departure from the personal and professional conduct elements of the ./Mr_Thomas_Watson_14323_-SoS_decision_Unrestricted-Redacted_WEB.pdf- Teachers' standards; ./Mr_Thomas_Watson_14323_-SoS_decision_Unrestricted-Redacted_WEB.pdf-  Misconduct seriously affecting the education and/or well-being of pupils, and ./Mr_Thomas_Watson_14323_-SoS_decision_Unrestricted-Redacted_WEB.pdf- particularly where there is a continuing risk; ./Mr_Thomas_Watson_14323_-SoS_decision_Unrestricted-Redacted_WEB.pdf-  A deep-seated attitude that leads to harmful behaviour ./Mr_Thomas_Watson_14323_-SoS_decision_Unrestricted-Redacted_WEB.pdf-  Abuse of a position of trust (particularly involving vulnerable pupils) or violation of ./Mr_Thomas_Watson_14323_-SoS_decision_Unrestricted-Redacted_WEB.pdf- the rights of pupils ./Mr_Thomas_Watson_14323_-SoS_decision_Unrestricted-Redacted_WEB.pdf:  Sexual misconduct e.g involving actions that were sexually motivated or of a ./Mr_Thomas_Watson_14323_-SoS_decision_Unrestricted-Redacted_WEB.pdf: sexual nature and/or that use or exploit the trust, knowledge or influence derived ./Mr_Thomas_Watson_14323_-SoS_decision_Unrestricted-Redacted_WEB.pdf- from the individual’s professional position. ./Mr_Thomas_Watson_14323_-SoS_decision_Unrestricted-Redacted_WEB.pdf-Even though there were behaviours that would point to a prohibition order being ./Mr_Thomas_Watson_14323_-SoS_decision_Unrestricted-Redacted_WEB.pdf-appropriate, the panel went on to consider whether or not there were sufficient mitigating ./Mr_Thomas_Watson_14323_-SoS_decision_Unrestricted-Redacted_WEB.pdf-factors to militate against a prohibition order being an appropriate and proportionate ./Mr_Thomas_Watson_14323_-SoS_decision_Unrestricted-Redacted_WEB.pdf-measure to impose, particularly taking into account the nature and severity of the ./Mr_Thomas_Watson_14323_-SoS_decision_Unrestricted-Redacted_WEB.pdf-behaviour in this case. ./Mr_Thomas_Watson_14323_-SoS_decision_Unrestricted-Redacted_WEB.pdf- ./Mr_Thomas_Watson_14323_-SoS_decision_Unrestricted-Redacted_WEB.pdf-The panel has accepted the teacher had no previous decisions against him. ./Mr_Thomas_Watson_14323_-SoS_decision_Unrestricted-Redacted_WEB.pdf- ./Mr_Thomas_Watson_14323_-SoS_decision_Unrestricted-Redacted_WEB.pdf-The panel has noted that no references have been provided from any colleagues that ./Mr_Thomas_Watson_14323_-SoS_decision_Unrestricted-Redacted_WEB.pdf-can attest to his abilities as a teacher. ./Mr_Thomas_Watson_14323_-SoS_decision_Unrestricted-Redacted_WEB.pdf- ./Mr_Thomas_Watson_14323_-SoS_decision_Unrestricted-Redacted_WEB.pdf-There was no evidence that the teacher’s actions were not deliberate. The panel found ./Mr_Thomas_Watson_14323_-SoS_decision_Unrestricted-Redacted_WEB.pdf-quite the opposite. Mr Watson told the police he had a "very addictive personality and it ./Mr_Thomas_Watson_14323_-SoS_decision_Unrestricted-Redacted_WEB.pdf:manifests itself" in his sex drive. The panel considered that Mr Watson's behaviour was ./Mr_Thomas_Watson_14323_-SoS_decision_Unrestricted-Redacted_WEB.pdf:focused on him meeting his own sexual needs at the expense of his former pupils. ./Mr_Thomas_Watson_14323_-SoS_decision_Unrestricted-Redacted_WEB.pdf- ./Mr_Thomas_Watson_14323_-SoS_decision_Unrestricted-Redacted_WEB.pdf-There was no evidence to suggest that the teacher was acting under duress. ./Mr_Thomas_Watson_14323_-SoS_decision_Unrestricted-Redacted_WEB.pdf- ./Mr_Thomas_Watson_14323_-SoS_decision_Unrestricted-Redacted_WEB.pdf-The panel considered that Mr Watson had a real lack of insight into his behaviour. He did ./Mr_Thomas_Watson_14323_-SoS_decision_Unrestricted-Redacted_WEB.pdf:not recognise that Pupil B was vulnerable. He engaged in sexual activity with Pupil B on ./Mr_Thomas_Watson_14323_-SoS_decision_Unrestricted-Redacted_WEB.pdf-school premises, when it was possible that other pupils or colleagues could have seen ./Mr_Thomas_Watson_14323_-SoS_decision_Unrestricted-Redacted_WEB.pdf-this. Mr Watson's behaviour with Pupil A was harassing. The panel observed from the ./Mr_Thomas_Watson_14323_-SoS_decision_Unrestricted-Redacted_WEB.pdf-Facebook transcript that Pupil A made it repeatedly clear that his contact was ./Mr_Thomas_Watson_14323_-SoS_decision_Unrestricted-Redacted_WEB.pdf-unwelcome. His behaviour towards both pupils was manipulative. ./Mr_Thomas_Watson_14323_-SoS_decision_Unrestricted-Redacted_WEB.pdf- ./Mr_Thomas_Watson_14323_-SoS_decision_Unrestricted-Redacted_WEB.pdf- ./Mr_Thomas_Watson_14323_-SoS_decision_Unrestricted-Redacted_WEB.pdf- ./Mr_Thomas_Watson_14323_-SoS_decision_Unrestricted-Redacted_WEB.pdf- ./Mr_Thomas_Watson_14323_-SoS_decision_Unrestricted-Redacted_WEB.pdf- 17 ./Mr_Thomas_Watson_14323_-SoS_decision_Unrestricted-Redacted_WEB.pdf- -- ./Mr_Thomas_Watson_14323_-SoS_decision_Unrestricted-Redacted_WEB.pdf-The panel also considered that Mr Watson took steps to try and hide the behaviour, ./Mr_Thomas_Watson_14323_-SoS_decision_Unrestricted-Redacted_WEB.pdf-stating to Pupil A that he trusted she would not pass on what he asked of her and use it ./Mr_Thomas_Watson_14323_-SoS_decision_Unrestricted-Redacted_WEB.pdf-against him. ./Mr_Thomas_Watson_14323_-SoS_decision_Unrestricted-Redacted_WEB.pdf- ./Mr_Thomas_Watson_14323_-SoS_decision_Unrestricted-Redacted_WEB.pdf-The panel is of the view that prohibition is both proportionate and appropriate. The panel ./Mr_Thomas_Watson_14323_-SoS_decision_Unrestricted-Redacted_WEB.pdf-has decided that the public interest considerations outweigh the interests of Mr Watson. ./Mr_Thomas_Watson_14323_-SoS_decision_Unrestricted-Redacted_WEB.pdf:The abuse of a position of trust and the sexual misconduct were significant factors in ./Mr_Thomas_Watson_14323_-SoS_decision_Unrestricted-Redacted_WEB.pdf-forming that opinion. Accordingly, the panel makes a recommendation to the Secretary of ./Mr_Thomas_Watson_14323_-SoS_decision_Unrestricted-Redacted_WEB.pdf-State that a prohibition order should be imposed with immediate effect. ./Mr_Thomas_Watson_14323_-SoS_decision_Unrestricted-Redacted_WEB.pdf- ./Mr_Thomas_Watson_14323_-SoS_decision_Unrestricted-Redacted_WEB.pdf-The panel went on to consider whether or not it would be appropriate for them to decide ./Mr_Thomas_Watson_14323_-SoS_decision_Unrestricted-Redacted_WEB.pdf-to recommend that a review period of the order should be considered. The panel were ./Mr_Thomas_Watson_14323_-SoS_decision_Unrestricted-Redacted_WEB.pdf-mindful that the Advice advises that a prohibition order applies for life, but there may be ./Mr_Thomas_Watson_14323_-SoS_decision_Unrestricted-Redacted_WEB.pdf-circumstances in any given case that may make it appropriate to allow a teacher to apply ./Mr_Thomas_Watson_14323_-SoS_decision_Unrestricted-Redacted_WEB.pdf-to have the prohibition order reviewed after a specified period of time that may not be ./Mr_Thomas_Watson_14323_-SoS_decision_Unrestricted-Redacted_WEB.pdf-less than 2 years. ./Mr_Thomas_Watson_14323_-SoS_decision_Unrestricted-Redacted_WEB.pdf- ./Mr_Thomas_Watson_14323_-SoS_decision_Unrestricted-Redacted_WEB.pdf-The Advice indicates that there are behaviours that, if proven, would militate against a ./Mr_Thomas_Watson_14323_-SoS_decision_Unrestricted-Redacted_WEB.pdf:review period being recommended. One of these behaviours include serious sexual ./Mr_Thomas_Watson_14323_-SoS_decision_Unrestricted-Redacted_WEB.pdf:misconduct, eg where the act was sexually motivated and resulted in or had the potential ./Mr_Thomas_Watson_14323_-SoS_decision_Unrestricted-Redacted_WEB.pdf-to result in, harm to a person or persons, particularly where the individual has used their ./Mr_Thomas_Watson_14323_-SoS_decision_Unrestricted-Redacted_WEB.pdf-professional position to influence or exploit persons. The panel has found the teacher has ./Mr_Thomas_Watson_14323_-SoS_decision_Unrestricted-Redacted_WEB.pdf-been responsible for systematic and sustained abuse of his position. ./Mr_Thomas_Watson_14323_-SoS_decision_Unrestricted-Redacted_WEB.pdf- ./Mr_Thomas_Watson_14323_-SoS_decision_Unrestricted-Redacted_WEB.pdf-The panel felt the findings indicated a situation in which a review period would not be ./Mr_Thomas_Watson_14323_-SoS_decision_Unrestricted-Redacted_WEB.pdf-appropriate and as such decided that it would be proportionate in all the circumstances ./Mr_Thomas_Watson_14323_-SoS_decision_Unrestricted-Redacted_WEB.pdf-for the prohibition order to be recommended without provision for a review period. ./Mr_Thomas_Watson_14323_-SoS_decision_Unrestricted-Redacted_WEB.pdf- ./Mr_Thomas_Watson_14323_-SoS_decision_Unrestricted-Redacted_WEB.pdf- ./Mr_Thomas_Watson_14323_-SoS_decision_Unrestricted-Redacted_WEB.pdf-Decision and reasons on behalf of the Secretary of State -- ./Mr_Thomas_Watson_14323_-SoS_decision_Unrestricted-Redacted_WEB.pdf-order may be appropriate if certain behaviours of a teacher have been proven. In the list ./Mr_Thomas_Watson_14323_-SoS_decision_Unrestricted-Redacted_WEB.pdf-of such behaviours, those that are relevant in this case are: ./Mr_Thomas_Watson_14323_-SoS_decision_Unrestricted-Redacted_WEB.pdf- ./Mr_Thomas_Watson_14323_-SoS_decision_Unrestricted-Redacted_WEB.pdf-  Serious departure from the personal and professional conduct elements of the ./Mr_Thomas_Watson_14323_-SoS_decision_Unrestricted-Redacted_WEB.pdf- Teachers' standards; ./Mr_Thomas_Watson_14323_-SoS_decision_Unrestricted-Redacted_WEB.pdf-  Misconduct seriously affecting the education and/or well-being of pupils, and ./Mr_Thomas_Watson_14323_-SoS_decision_Unrestricted-Redacted_WEB.pdf- particularly where there is a continuing risk; ./Mr_Thomas_Watson_14323_-SoS_decision_Unrestricted-Redacted_WEB.pdf-  A deep-seated attitude that leads to harmful behaviour ./Mr_Thomas_Watson_14323_-SoS_decision_Unrestricted-Redacted_WEB.pdf-  Abuse of a position of trust (particularly involving vulnerable pupils) or violation of ./Mr_Thomas_Watson_14323_-SoS_decision_Unrestricted-Redacted_WEB.pdf- the rights of pupils ./Mr_Thomas_Watson_14323_-SoS_decision_Unrestricted-Redacted_WEB.pdf:  Sexual misconduct e.g involving actions that were sexually motivated or of a ./Mr_Thomas_Watson_14323_-SoS_decision_Unrestricted-Redacted_WEB.pdf: sexual nature and/or that use or exploit the trust, knowledge or influence derived ./Mr_Thomas_Watson_14323_-SoS_decision_Unrestricted-Redacted_WEB.pdf- from the individual’s professional position. ./Mr_Thomas_Watson_14323_-SoS_decision_Unrestricted-Redacted_WEB.pdf-The panel have recommended that Mr Watson be prohibited from teaching. I have ./Mr_Thomas_Watson_14323_-SoS_decision_Unrestricted-Redacted_WEB.pdf-weighed the public interest considerations and the interests of Mr Watson. There was no ./Mr_Thomas_Watson_14323_-SoS_decision_Unrestricted-Redacted_WEB.pdf-evidence that the teacher’s actions were not deliberate, in fact the panel found quite the ./Mr_Thomas_Watson_14323_-SoS_decision_Unrestricted-Redacted_WEB.pdf-opposite. I have carefully considered the panel’s conclusions that Mr Watson's behaviour ./Mr_Thomas_Watson_14323_-SoS_decision_Unrestricted-Redacted_WEB.pdf:was focused on him meeting his own sexual needs at the expense of his former pupils. ./Mr_Thomas_Watson_14323_-SoS_decision_Unrestricted-Redacted_WEB.pdf- ./Mr_Thomas_Watson_14323_-SoS_decision_Unrestricted-Redacted_WEB.pdf-In my judgement, in this case a prohibition order is both appropriate and is proportionate. ./Mr_Thomas_Watson_14323_-SoS_decision_Unrestricted-Redacted_WEB.pdf:The abuse of a position of trust and the sexual misconduct are significant factors in ./Mr_Thomas_Watson_14323_-SoS_decision_Unrestricted-Redacted_WEB.pdf-forming my opinion. For these reasons, I support the recommendation of the panel that a ./Mr_Thomas_Watson_14323_-SoS_decision_Unrestricted-Redacted_WEB.pdf-prohibition order is imposed on Mr Watson. ./Mr_Thomas_Watson_14323_-SoS_decision_Unrestricted-Redacted_WEB.pdf- ./Mr_Thomas_Watson_14323_-SoS_decision_Unrestricted-Redacted_WEB.pdf-I now turn to the matter of a review period. I have noted that the panel found there to be ./Mr_Thomas_Watson_14323_-SoS_decision_Unrestricted-Redacted_WEB.pdf-no previous findings of misconduct against Mr Watson. The panel also sets out that it had ./Mr_Thomas_Watson_14323_-SoS_decision_Unrestricted-Redacted_WEB.pdf-not received any references as to Mr Watson’s abilities as a teacher or any character ./Mr_Thomas_Watson_14323_-SoS_decision_Unrestricted-Redacted_WEB.pdf-references. ./Mr_Thomas_Watson_14323_-SoS_decision_Unrestricted-Redacted_WEB.pdf- ./Mr_Thomas_Watson_14323_-SoS_decision_Unrestricted-Redacted_WEB.pdf- ./Mr_Thomas_Watson_14323_-SoS_decision_Unrestricted-Redacted_WEB.pdf- -- ./Mr_Thomas_Watson_14323_-SoS_decision_Unrestricted-Redacted_WEB.pdf-Like the panel, I consider Mr Watson has been responsible for a systematic and ./Mr_Thomas_Watson_14323_-SoS_decision_Unrestricted-Redacted_WEB.pdf-sustained abuse of his position. ./Mr_Thomas_Watson_14323_-SoS_decision_Unrestricted-Redacted_WEB.pdf- ./Mr_Thomas_Watson_14323_-SoS_decision_Unrestricted-Redacted_WEB.pdf-I have read with care the advice on this matter. For the reasons given, taking into ./Mr_Thomas_Watson_14323_-SoS_decision_Unrestricted-Redacted_WEB.pdf-account the apparent lack of insight that his behaviour towards both pupils was ./Mr_Thomas_Watson_14323_-SoS_decision_Unrestricted-Redacted_WEB.pdf:manipulative and the serious nature of the sexual misconduct, I agree with the ./Mr_Thomas_Watson_14323_-SoS_decision_Unrestricted-Redacted_WEB.pdf-recommendation of the panel that there be no review period. In my view this is ./Mr_Thomas_Watson_14323_-SoS_decision_Unrestricted-Redacted_WEB.pdf-proportionate, in the public interest and in line with the published advice. ./Mr_Thomas_Watson_14323_-SoS_decision_Unrestricted-Redacted_WEB.pdf- ./Mr_Thomas_Watson_14323_-SoS_decision_Unrestricted-Redacted_WEB.pdf-This means that Mr Thomas Watson is prohibited from teaching indefinitely and ./Mr_Thomas_Watson_14323_-SoS_decision_Unrestricted-Redacted_WEB.pdf-cannot teach in any school, sixth form college, relevant youth accommodation or ./Mr_Thomas_Watson_14323_-SoS_decision_Unrestricted-Redacted_WEB.pdf-children’s home in England. Furthermore, in view of the seriousness of the allegations ./Mr_Thomas_Watson_14323_-SoS_decision_Unrestricted-Redacted_WEB.pdf-found proved against him, I have decided that Mr Watson shall not be entitled to apply for ./Mr_Thomas_Watson_14323_-SoS_decision_Unrestricted-Redacted_WEB.pdf-restoration of his eligibility to teach. ./Mr_Thomas_Watson_14323_-SoS_decision_Unrestricted-Redacted_WEB.pdf- ./Mr_Thomas_Watson_14323_-SoS_decision_Unrestricted-Redacted_WEB.pdf-This order takes effect from the date on which it is served on the teacher. ./Mr_Tobias_Yates_Professional_conduct_panel_outcome_...pdf-Allegations ./Mr_Tobias_Yates_Professional_conduct_panel_outcome_...pdf-The panel considered the allegations set out in the notice of meeting dated 13 May 2022. ./Mr_Tobias_Yates_Professional_conduct_panel_outcome_...pdf- ./Mr_Tobias_Yates_Professional_conduct_panel_outcome_...pdf-It was alleged that Mr Tobias Yate was guilty of having been convicted of a relevant ./Mr_Tobias_Yates_Professional_conduct_panel_outcome_...pdf-offence, in that: ./Mr_Tobias_Yates_Professional_conduct_panel_outcome_...pdf- ./Mr_Tobias_Yates_Professional_conduct_panel_outcome_...pdf- 1. On 16 August 2019, he was convicted of causing or inciting a child to engage in ./Mr_Tobias_Yates_Professional_conduct_panel_outcome_...pdf: sexual activity by a person in a position of trust between 27 June 2019 and 1 July ./Mr_Tobias_Yates_Professional_conduct_panel_outcome_...pdf- 2019, contrary to Section 17(1) of the Sexual Offences Act 2003. ./Mr_Tobias_Yates_Professional_conduct_panel_outcome_...pdf- 2. On 16 August 2019, he was convicted of making indecent photographs of children ./Mr_Tobias_Yates_Professional_conduct_panel_outcome_...pdf- between 1 January 2016 and 1 January 2019, contrary to Section 1(1)(a) of the ./Mr_Tobias_Yates_Professional_conduct_panel_outcome_...pdf- Protection of Children Act 1978. ./Mr_Tobias_Yates_Professional_conduct_panel_outcome_...pdf- 3. On 16 August 2019, he was convicted of making indecent photographs of children ./Mr_Tobias_Yates_Professional_conduct_panel_outcome_...pdf- between 1 January 2016 and 1 January 2019, contrary to Section 1(1)(a) of the ./Mr_Tobias_Yates_Professional_conduct_panel_outcome_...pdf- Protection of Children Act 1978. ./Mr_Tobias_Yates_Professional_conduct_panel_outcome_...pdf- 4. On 16 August 2019, he was convicted of making indecent photographs of children ./Mr_Tobias_Yates_Professional_conduct_panel_outcome_...pdf- between 1 January 2016 and 1 January 2019, contrary to Section 1(1)(a) of the ./Mr_Tobias_Yates_Professional_conduct_panel_outcome_...pdf- Protection of Children Act 1978. ./Mr_Tobias_Yates_Professional_conduct_panel_outcome_...pdf: 5. On 17 December 2019, he was convicted of sexual activity with a child on 1 ./Mr_Tobias_Yates_Professional_conduct_panel_outcome_...pdf- August 2014, contrary to Section 9(1) of the Sexual Offences Act 2013. ./Mr_Tobias_Yates_Professional_conduct_panel_outcome_...pdf: 6. On 17 December 2019, he was convicted of sexual activity with a child on 13 ./Mr_Tobias_Yates_Professional_conduct_panel_outcome_...pdf- March 2015, contrary to Section 9(1) of the Sexual Offences Act 2003. ./Mr_Tobias_Yates_Professional_conduct_panel_outcome_...pdf: 7. On 17 December 2019, he was convicted of sexual activity with a child by a ./Mr_Tobias_Yates_Professional_conduct_panel_outcome_...pdf- person in a position of trust on 8 April 2016, contrary to Section 16(1) of the ./Mr_Tobias_Yates_Professional_conduct_panel_outcome_...pdf- Sexual Offences Act 2003. ./Mr_Tobias_Yates_Professional_conduct_panel_outcome_...pdf: 8. On 17 December 2019, he was convicted of sexual activity with a child by a ./Mr_Tobias_Yates_Professional_conduct_panel_outcome_...pdf- person in a position of trust on 2 June 2016, contrary to Section 16(1) of the ./Mr_Tobias_Yates_Professional_conduct_panel_outcome_...pdf- Sexual Offences Act 2003. ./Mr_Tobias_Yates_Professional_conduct_panel_outcome_...pdf- 9. On 17 December 2019, he was convicted of causing or inciting a child to engage ./Mr_Tobias_Yates_Professional_conduct_panel_outcome_...pdf: in sexual activity between 1 December 2013 and 31 December 2017, contrary to ./Mr_Tobias_Yates_Professional_conduct_panel_outcome_...pdf- Section 10(1) of the Sexual Offences Act 2003. ./Mr_Tobias_Yates_Professional_conduct_panel_outcome_...pdf- 10. On 17 December 2019, he was convicted of causing or inciting a child to engage ./Mr_Tobias_Yates_Professional_conduct_panel_outcome_...pdf: in sexual activity by a person in a position of trust between 1 December 2013 and ./Mr_Tobias_Yates_Professional_conduct_panel_outcome_...pdf- 31 December 2017, contrary to Section 17(1) of the Sexual Offences Act 2003. ./Mr_Tobias_Yates_Professional_conduct_panel_outcome_...pdf: 11. On 17 December 2019, he was convicted of sexual activity with a child by a ./Mr_Tobias_Yates_Professional_conduct_panel_outcome_...pdf- person in a position of trust on 13 March 2017, contrary to Section 16(1) of the ./Mr_Tobias_Yates_Professional_conduct_panel_outcome_...pdf- Sexual Offences Act 2003. ./Mr_Tobias_Yates_Professional_conduct_panel_outcome_...pdf- ./Mr_Tobias_Yates_Professional_conduct_panel_outcome_...pdf- 12. On 17 December 2019, he was convicted of taking indecent photographs of a ./Mr_Tobias_Yates_Professional_conduct_panel_outcome_...pdf- child on 8 April 2016, contrary to Section 1(1)(a) of the Protection of Children Act ./Mr_Tobias_Yates_Professional_conduct_panel_outcome_...pdf- ./Mr_Tobias_Yates_Professional_conduct_panel_outcome_...pdf- ./Mr_Tobias_Yates_Professional_conduct_panel_outcome_...pdf- 4 ./Mr_Tobias_Yates_Professional_conduct_panel_outcome_...pdf- -- ./Mr_Tobias_Yates_Professional_conduct_panel_outcome_...pdf- 1978. ./Mr_Tobias_Yates_Professional_conduct_panel_outcome_...pdf- ./Mr_Tobias_Yates_Professional_conduct_panel_outcome_...pdf: 13. On 17 December 2019, he was convicted of possessing an extreme pornographic ./Mr_Tobias_Yates_Professional_conduct_panel_outcome_...pdf- image on 1 July 2019, contrary to Section 63(1) of the Criminal Justice and ./Mr_Tobias_Yates_Professional_conduct_panel_outcome_...pdf- Immigration Act 2008. ./Mr_Tobias_Yates_Professional_conduct_panel_outcome_...pdf- ./Mr_Tobias_Yates_Professional_conduct_panel_outcome_...pdf: 14. On 6 March 2020, he was convicted of sexual activity with a child by a person in a ./Mr_Tobias_Yates_Professional_conduct_panel_outcome_...pdf- position of trust between 1 May 2019 and 30 June 2019, contrary to Section 16(1) ./Mr_Tobias_Yates_Professional_conduct_panel_outcome_...pdf- of the Sexual Offences Act 2003. ./Mr_Tobias_Yates_Professional_conduct_panel_outcome_...pdf- ./Mr_Tobias_Yates_Professional_conduct_panel_outcome_...pdf: 15. On 6 March 2020, he was convicted of sexual activity with a child by a person in a ./Mr_Tobias_Yates_Professional_conduct_panel_outcome_...pdf- position of trust between 1 May 2019 and 30 June 2019, contrary to Section 16(1) ./Mr_Tobias_Yates_Professional_conduct_panel_outcome_...pdf- of the Sexual Offences Act 2003. ./Mr_Tobias_Yates_Professional_conduct_panel_outcome_...pdf- ./Mr_Tobias_Yates_Professional_conduct_panel_outcome_...pdf: 16. On 6 March 2020, he was convicted of sexual activity with a child by a person in a ./Mr_Tobias_Yates_Professional_conduct_panel_outcome_...pdf- position of trust between 1 May 2019 and 30 June 2019, contrary to Section 6(1) ./Mr_Tobias_Yates_Professional_conduct_panel_outcome_...pdf- of the Sexual Offences Act 2003. ./Mr_Tobias_Yates_Professional_conduct_panel_outcome_...pdf- ./Mr_Tobias_Yates_Professional_conduct_panel_outcome_...pdf: 17. On 6 March 2020, he was convicted of sexual activity with a child by a person in a ./Mr_Tobias_Yates_Professional_conduct_panel_outcome_...pdf- position of trust between 1 May 2019 and 30 June 2019, contrary to Section 16(1) ./Mr_Tobias_Yates_Professional_conduct_panel_outcome_...pdf- of the Sexual Offences Act 2003. ./Mr_Tobias_Yates_Professional_conduct_panel_outcome_...pdf- ./Mr_Tobias_Yates_Professional_conduct_panel_outcome_...pdf: 18. On 6 March 2020, he was convicted of sexual activity with a child by a person in a ./Mr_Tobias_Yates_Professional_conduct_panel_outcome_...pdf- position of trust between 1 May 2019 and 30 June 2019, contrary to Section 16(1) ./Mr_Tobias_Yates_Professional_conduct_panel_outcome_...pdf- of the Sexual Offences Act 2003. ./Mr_Tobias_Yates_Professional_conduct_panel_outcome_...pdf- ./Mr_Tobias_Yates_Professional_conduct_panel_outcome_...pdf- ./Mr_Tobias_Yates_Professional_conduct_panel_outcome_...pdf-Mr Yates admitted the facts of the above 18 allegations, and he admitted that he was ./Mr_Tobias_Yates_Professional_conduct_panel_outcome_...pdf-convicted (at any time) of a relevant offence in respect of each of the convictions listed in ./Mr_Tobias_Yates_Professional_conduct_panel_outcome_...pdf-allegations 1 to 18. ./Mr_Tobias_Yates_Professional_conduct_panel_outcome_...pdf- ./Mr_Tobias_Yates_Professional_conduct_panel_outcome_...pdf- ./Mr_Tobias_Yates_Professional_conduct_panel_outcome_...pdf-Preliminary applications -- ./Mr_Tobias_Yates_Professional_conduct_panel_outcome_...pdf- ./Mr_Tobias_Yates_Professional_conduct_panel_outcome_...pdf-In advance of the meeting, the TRA agreed to a request from Mr Yates for the allegations ./Mr_Tobias_Yates_Professional_conduct_panel_outcome_...pdf-to be considered without a hearing. The panel had the ability to direct that the case be ./Mr_Tobias_Yates_Professional_conduct_panel_outcome_...pdf-considered at a hearing if required in the interests of justice or in the public interest. The ./Mr_Tobias_Yates_Professional_conduct_panel_outcome_...pdf-panel did not determine that such a direction was necessary or appropriate in this case. ./Mr_Tobias_Yates_Professional_conduct_panel_outcome_...pdf- ./Mr_Tobias_Yates_Professional_conduct_panel_outcome_...pdf-Mr Tobias Yates was employed as a mathematics teacher at the School from 1 ./Mr_Tobias_Yates_Professional_conduct_panel_outcome_...pdf-September 2011. ./Mr_Tobias_Yates_Professional_conduct_panel_outcome_...pdf- ./Mr_Tobias_Yates_Professional_conduct_panel_outcome_...pdf-On 1 July 2019, the police attended the School and Mr Yates was arrested on suspicion ./Mr_Tobias_Yates_Professional_conduct_panel_outcome_...pdf:of causing and inciting a girl under the age of 18 to engage in sexual activity. Mr Yates ./Mr_Tobias_Yates_Professional_conduct_panel_outcome_...pdf-was subsequently investigated by the police: his classroom was searched, and a number ./Mr_Tobias_Yates_Professional_conduct_panel_outcome_...pdf-of his devices were seized. ./Mr_Tobias_Yates_Professional_conduct_panel_outcome_...pdf- ./Mr_Tobias_Yates_Professional_conduct_panel_outcome_...pdf-The School terminated its contract with Mr Yates on 15 July 2019. ./Mr_Tobias_Yates_Professional_conduct_panel_outcome_...pdf- ./Mr_Tobias_Yates_Professional_conduct_panel_outcome_...pdf-Findings of fact ./Mr_Tobias_Yates_Professional_conduct_panel_outcome_...pdf- ./Mr_Tobias_Yates_Professional_conduct_panel_outcome_...pdf-The findings of fact are as follows: ./Mr_Tobias_Yates_Professional_conduct_panel_outcome_...pdf- ./Mr_Tobias_Yates_Professional_conduct_panel_outcome_...pdf-The panel found the following particulars of the allegations against you proved, for these ./Mr_Tobias_Yates_Professional_conduct_panel_outcome_...pdf-reasons: ./Mr_Tobias_Yates_Professional_conduct_panel_outcome_...pdf- ./Mr_Tobias_Yates_Professional_conduct_panel_outcome_...pdf-It was alleged that you were guilty of having been convicted of a relevant offence, ./Mr_Tobias_Yates_Professional_conduct_panel_outcome_...pdf-in that: ./Mr_Tobias_Yates_Professional_conduct_panel_outcome_...pdf- ./Mr_Tobias_Yates_Professional_conduct_panel_outcome_...pdf- 1. On 16 August 2019, you were convicted of causing or inciting a child to ./Mr_Tobias_Yates_Professional_conduct_panel_outcome_...pdf: engage in sexual activity by a person in a position of trust between 27 June ./Mr_Tobias_Yates_Professional_conduct_panel_outcome_...pdf- 2019 and 1 July 2019, contrary to Section 17(1) of the Sexual Offences Act ./Mr_Tobias_Yates_Professional_conduct_panel_outcome_...pdf- 2003. ./Mr_Tobias_Yates_Professional_conduct_panel_outcome_...pdf- ./Mr_Tobias_Yates_Professional_conduct_panel_outcome_...pdf- ./Mr_Tobias_Yates_Professional_conduct_panel_outcome_...pdf- ./Mr_Tobias_Yates_Professional_conduct_panel_outcome_...pdf- 6 ./Mr_Tobias_Yates_Professional_conduct_panel_outcome_...pdf- -- ./Mr_Tobias_Yates_Professional_conduct_panel_outcome_...pdf- ./Mr_Tobias_Yates_Professional_conduct_panel_outcome_...pdf-11. On 17 December 2019, you were convicted of sexual activity with a child by a ./Mr_Tobias_Yates_Professional_conduct_panel_outcome_...pdf- person in a position of trust on 13 March 2017, contrary to Section 16(1) of ./Mr_Tobias_Yates_Professional_conduct_panel_outcome_...pdf- the Sexual Offences Act 2003. ./Mr_Tobias_Yates_Professional_conduct_panel_outcome_...pdf- ./Mr_Tobias_Yates_Professional_conduct_panel_outcome_...pdf-12. On 17 December 2019, you were convicted of taking indecent photographs ./Mr_Tobias_Yates_Professional_conduct_panel_outcome_...pdf- of a child on 8 April 2016, contrary to Section 1(1)(a) of the Protection of ./Mr_Tobias_Yates_Professional_conduct_panel_outcome_...pdf- Children Act 1978. ./Mr_Tobias_Yates_Professional_conduct_panel_outcome_...pdf- ./Mr_Tobias_Yates_Professional_conduct_panel_outcome_...pdf-13. On 17 December 2019, you were convicted of possessing an extreme ./Mr_Tobias_Yates_Professional_conduct_panel_outcome_...pdf: pornographic image on 1 July 2019, contrary to Section 63(1) of the Criminal ./Mr_Tobias_Yates_Professional_conduct_panel_outcome_...pdf- Justice and Immigration Act 2008. ./Mr_Tobias_Yates_Professional_conduct_panel_outcome_...pdf- ./Mr_Tobias_Yates_Professional_conduct_panel_outcome_...pdf- ./Mr_Tobias_Yates_Professional_conduct_panel_outcome_...pdf- 7 ./Mr_Tobias_Yates_Professional_conduct_panel_outcome_...pdf- -- ./Mr_Tobias_Yates_Professional_conduct_panel_outcome_...pdf: 14. On 6 March 2020, you were convicted of sexual activity with a child by a ./Mr_Tobias_Yates_Professional_conduct_panel_outcome_...pdf- person in a position of trust between 1 May 2019 and 30 June 2019, contrary ./Mr_Tobias_Yates_Professional_conduct_panel_outcome_...pdf- to Section 16(1) of the Sexual Offences Act 2003. ./Mr_Tobias_Yates_Professional_conduct_panel_outcome_...pdf- ./Mr_Tobias_Yates_Professional_conduct_panel_outcome_...pdf: 15. On 6 March 2020, you were convicted of sexual activity with a child by a ./Mr_Tobias_Yates_Professional_conduct_panel_outcome_...pdf- person in a position of trust between 1 May 2019 and 30 June 2019, contrary ./Mr_Tobias_Yates_Professional_conduct_panel_outcome_...pdf- to Section 16(1) of the Sexual Offences Act 2003. ./Mr_Tobias_Yates_Professional_conduct_panel_outcome_...pdf- ./Mr_Tobias_Yates_Professional_conduct_panel_outcome_...pdf: 16. On 6 March 2020, you were convicted of sexual activity with a child by a ./Mr_Tobias_Yates_Professional_conduct_panel_outcome_...pdf- person in a position of trust between 1 May 2019 and 30 June 2019, contrary ./Mr_Tobias_Yates_Professional_conduct_panel_outcome_...pdf- to Section 6(1) of the Sexual Offences Act 2003. ./Mr_Tobias_Yates_Professional_conduct_panel_outcome_...pdf- ./Mr_Tobias_Yates_Professional_conduct_panel_outcome_...pdf: 17. On 6 March 2020, you were convicted of sexual activity with a child by a ./Mr_Tobias_Yates_Professional_conduct_panel_outcome_...pdf- person in a position of trust between 1 May 2019 and 30 June 2019, contrary ./Mr_Tobias_Yates_Professional_conduct_panel_outcome_...pdf- to Section 16(1) of the Sexual Offences Act 2003. ./Mr_Tobias_Yates_Professional_conduct_panel_outcome_...pdf- ./Mr_Tobias_Yates_Professional_conduct_panel_outcome_...pdf: 18. On 6 March 2020, you were convicted of sexual activity with a child by a ./Mr_Tobias_Yates_Professional_conduct_panel_outcome_...pdf- person in a position of trust between 1 May 2019 and 30 June 2019, contrary ./Mr_Tobias_Yates_Professional_conduct_panel_outcome_...pdf- to Section 16(1) of the Sexual Offences Act 2003. ./Mr_Tobias_Yates_Professional_conduct_panel_outcome_...pdf- ./Mr_Tobias_Yates_Professional_conduct_panel_outcome_...pdf-These allegations were admitted by Mr Yates and were supported by evidence presented ./Mr_Tobias_Yates_Professional_conduct_panel_outcome_...pdf-to the panel within the bundle, notably the certificates of conviction. The panel accepted ./Mr_Tobias_Yates_Professional_conduct_panel_outcome_...pdf-the convictions as conclusive proof of both the convictions and the facts necessarily ./Mr_Tobias_Yates_Professional_conduct_panel_outcome_...pdf-implied by the convictions. The allegations were therefore found proved. ./Mr_Tobias_Yates_Professional_conduct_panel_outcome_...pdf- ./Mr_Tobias_Yates_Professional_conduct_panel_outcome_...pdf-Findings as to conviction of a relevant offence ./Mr_Tobias_Yates_Professional_conduct_panel_outcome_...pdf- -- ./Mr_Tobias_Yates_Professional_conduct_panel_outcome_...pdf-likely to have had an impact on the safety and/or security of pupils. ./Mr_Tobias_Yates_Professional_conduct_panel_outcome_...pdf- ./Mr_Tobias_Yates_Professional_conduct_panel_outcome_...pdf-The panel also took account of the way the teaching profession is viewed by others. The ./Mr_Tobias_Yates_Professional_conduct_panel_outcome_...pdf-panel considered that Mr Yates’ behaviour in committing the offences would be likely to ./Mr_Tobias_Yates_Professional_conduct_panel_outcome_...pdf-affect public confidence in the teaching profession if he was allowed to continue teaching. ./Mr_Tobias_Yates_Professional_conduct_panel_outcome_...pdf- ./Mr_Tobias_Yates_Professional_conduct_panel_outcome_...pdf-The panel noted that Mr Yates’ behaviour ultimately led to a sentence of imprisonment, ./Mr_Tobias_Yates_Professional_conduct_panel_outcome_...pdf-which was indicative of the seriousness of the offences committed, and which the Advice ./Mr_Tobias_Yates_Professional_conduct_panel_outcome_...pdf-states is likely to be considered “a relevant offence”. ./Mr_Tobias_Yates_Professional_conduct_panel_outcome_...pdf- ./Mr_Tobias_Yates_Professional_conduct_panel_outcome_...pdf:This was a case concerning an offence involving sexual activity / sexual communication ./Mr_Tobias_Yates_Professional_conduct_panel_outcome_...pdf-with a child / activity involving viewing, taking, making, possessing, distributing or ./Mr_Tobias_Yates_Professional_conduct_panel_outcome_...pdf-publishing any indecent photograph or image or indecent pseudo photograph or image of ./Mr_Tobias_Yates_Professional_conduct_panel_outcome_...pdf-a child, or permitting any such activity, including one-off incidents / controlling or coercive ./Mr_Tobias_Yates_Professional_conduct_panel_outcome_...pdf-behaviour. ./Mr_Tobias_Yates_Professional_conduct_panel_outcome_...pdf- ./Mr_Tobias_Yates_Professional_conduct_panel_outcome_...pdf-The Advice indicates that a conviction for any offence that relates to or involves such ./Mr_Tobias_Yates_Professional_conduct_panel_outcome_...pdf-offences is likely to be considered “a relevant offence”. The panel considered that this ./Mr_Tobias_Yates_Professional_conduct_panel_outcome_...pdf-was a very serious case involving numerous, significant offences – all of which were to ./Mr_Tobias_Yates_Professional_conduct_panel_outcome_...pdf-be considered relevant. ./Mr_Tobias_Yates_Professional_conduct_panel_outcome_...pdf- -- ./Mr_Tobias_Yates_Professional_conduct_panel_outcome_...pdf-punitive effect. ./Mr_Tobias_Yates_Professional_conduct_panel_outcome_...pdf- ./Mr_Tobias_Yates_Professional_conduct_panel_outcome_...pdf-The panel had regard to the particular public interest considerations set out in the Advice ./Mr_Tobias_Yates_Professional_conduct_panel_outcome_...pdf-and having done so, found a number of them to be relevant in this case, namely: the ./Mr_Tobias_Yates_Professional_conduct_panel_outcome_...pdf-safeguarding and wellbeing of pupils; the maintenance of public confidence in the ./Mr_Tobias_Yates_Professional_conduct_panel_outcome_...pdf-profession; and declaring and upholding proper standards of conduct. ./Mr_Tobias_Yates_Professional_conduct_panel_outcome_...pdf- ./Mr_Tobias_Yates_Professional_conduct_panel_outcome_...pdf-In the light of the panel’s findings against Mr Yates which involved numerous convictions ./Mr_Tobias_Yates_Professional_conduct_panel_outcome_...pdf-of relevant offences, there was a strong public interest consideration in respect of the ./Mr_Tobias_Yates_Professional_conduct_panel_outcome_...pdf-safeguarding and wellbeing of pupils, given the serious findings of inappropriate ./Mr_Tobias_Yates_Professional_conduct_panel_outcome_...pdf:relationships with children, grooming and Mr Yates’ abuse of his position of trust, ./Mr_Tobias_Yates_Professional_conduct_panel_outcome_...pdf-particularly noting the vulnerability of the children involved. ./Mr_Tobias_Yates_Professional_conduct_panel_outcome_...pdf- ./Mr_Tobias_Yates_Professional_conduct_panel_outcome_...pdf-Similarly, the panel considered that public confidence in the profession could be seriously ./Mr_Tobias_Yates_Professional_conduct_panel_outcome_...pdf-weakened if conduct such as that found against Mr Yates were not treated with the ./Mr_Tobias_Yates_Professional_conduct_panel_outcome_...pdf-utmost seriousness when regulating the conduct of the profession, particularly as Mr ./Mr_Tobias_Yates_Professional_conduct_panel_outcome_...pdf-Yates had sought to exploit his position of trust and specifically against young, vulnerable ./Mr_Tobias_Yates_Professional_conduct_panel_outcome_...pdf-pupils. ./Mr_Tobias_Yates_Professional_conduct_panel_outcome_...pdf- ./Mr_Tobias_Yates_Professional_conduct_panel_outcome_...pdf-The panel was of the view that a strong public interest consideration in declaring proper ./Mr_Tobias_Yates_Professional_conduct_panel_outcome_...pdf-standards of conduct in the profession was also present as the conduct found against Mr -- ./Mr_Tobias_Yates_Professional_conduct_panel_outcome_...pdf- • the commission of a serious criminal offence, including those that resulted in a ./Mr_Tobias_Yates_Professional_conduct_panel_outcome_...pdf- conviction or caution, paying particular attention to offences that are “relevant ./Mr_Tobias_Yates_Professional_conduct_panel_outcome_...pdf- matters” for the purposes of the Police Act 1997 and criminal record disclosure; ./Mr_Tobias_Yates_Professional_conduct_panel_outcome_...pdf- ./Mr_Tobias_Yates_Professional_conduct_panel_outcome_...pdf- • misconduct seriously affecting the education and/or safeguarding and well-being ./Mr_Tobias_Yates_Professional_conduct_panel_outcome_...pdf- of pupils, and particularly where there is a continuing risk; ./Mr_Tobias_Yates_Professional_conduct_panel_outcome_...pdf- ./Mr_Tobias_Yates_Professional_conduct_panel_outcome_...pdf- • abuse of position or trust (particularly involving vulnerable pupils) ./Mr_Tobias_Yates_Professional_conduct_panel_outcome_...pdf- ./Mr_Tobias_Yates_Professional_conduct_panel_outcome_...pdf- • an abuse of any trust, knowledge, or influence gained through their professional ./Mr_Tobias_Yates_Professional_conduct_panel_outcome_...pdf: position in order to advance a romantic or sexual relationship with a pupil or former ./Mr_Tobias_Yates_Professional_conduct_panel_outcome_...pdf- pupil; ./Mr_Tobias_Yates_Professional_conduct_panel_outcome_...pdf- ./Mr_Tobias_Yates_Professional_conduct_panel_outcome_...pdf: • sexual misconduct, for example, involving actions that were sexually motivated or ./Mr_Tobias_Yates_Professional_conduct_panel_outcome_...pdf: of a sexual nature and/or that use or exploit the trust, knowledge or influence ./Mr_Tobias_Yates_Professional_conduct_panel_outcome_...pdf- derived from the individual’s professional position; ./Mr_Tobias_Yates_Professional_conduct_panel_outcome_...pdf- ./Mr_Tobias_Yates_Professional_conduct_panel_outcome_...pdf- • any activity involving viewing, taking, making, possessing, distributing or ./Mr_Tobias_Yates_Professional_conduct_panel_outcome_...pdf- publishing any indecent photograph or image or indecent pseudo photograph or ./Mr_Tobias_Yates_Professional_conduct_panel_outcome_...pdf- image of a child, or permitting such activity, including one-off incidents; ./Mr_Tobias_Yates_Professional_conduct_panel_outcome_...pdf- ./Mr_Tobias_Yates_Professional_conduct_panel_outcome_...pdf- • failure to act on evidence that indicated a child’s welfare may have been at risk, ./Mr_Tobias_Yates_Professional_conduct_panel_outcome_...pdf- e.g., failed to notify the designated safeguarding lead and/or make a referral to ./Mr_Tobias_Yates_Professional_conduct_panel_outcome_...pdf- children’s social care, the police or other relevant agencies when abuse, neglect ./Mr_Tobias_Yates_Professional_conduct_panel_outcome_...pdf- and/or harmful cultural practices were identified; -- ./Mr_Tobias_Yates_Professional_conduct_panel_outcome_...pdf-the public interest will have greater relevance and weigh in favour of not offering a review ./Mr_Tobias_Yates_Professional_conduct_panel_outcome_...pdf-period. These cases include: serious sexual misconduct, for example where the act was ./Mr_Tobias_Yates_Professional_conduct_panel_outcome_...pdf-sexually motivated and resulted in, or had the potential to result in, harm to a person or ./Mr_Tobias_Yates_Professional_conduct_panel_outcome_...pdf-persons, particularly where the individual has used his professional position to influence ./Mr_Tobias_Yates_Professional_conduct_panel_outcome_...pdf-or exploit a person or persons; any sexual misconduct involving a child; and any activity ./Mr_Tobias_Yates_Professional_conduct_panel_outcome_...pdf-involving viewing, taking, making, possessing, distributing or publishing any indecent ./Mr_Tobias_Yates_Professional_conduct_panel_outcome_...pdf-photograph or image or indecent pseudo photograph or image of a child, including one ./Mr_Tobias_Yates_Professional_conduct_panel_outcome_...pdf-off incidents. The panel found that Mr Yates was responsible for the most serious sexual ./Mr_Tobias_Yates_Professional_conduct_panel_outcome_...pdf-misconduct with children, and specifically children with whom he had held a position of ./Mr_Tobias_Yates_Professional_conduct_panel_outcome_...pdf-trust but had exploited their vulnerabilities; as well as the taking and possession of ./Mr_Tobias_Yates_Professional_conduct_panel_outcome_...pdf:indecent images of children and the possession of extreme pornographic images. ./Mr_Tobias_Yates_Professional_conduct_panel_outcome_...pdf- ./Mr_Tobias_Yates_Professional_conduct_panel_outcome_...pdf- ./Mr_Tobias_Yates_Professional_conduct_panel_outcome_...pdf- ./Mr_Tobias_Yates_Professional_conduct_panel_outcome_...pdf- 12 ./Mr_Tobias_Yates_Professional_conduct_panel_outcome_...pdf- -- ./Mr_Tobias_Yates_Professional_conduct_panel_outcome_...pdf-responsibilities and duties set out in statutory guidance Keeping children safe in ./Mr_Tobias_Yates_Professional_conduct_panel_outcome_...pdf-education (KCSIE), particularly when considering Part 1 of that guidance - failure in duty ./Mr_Tobias_Yates_Professional_conduct_panel_outcome_...pdf-of care towards a child, including exposing a child to risk or failing to promote the safety ./Mr_Tobias_Yates_Professional_conduct_panel_outcome_...pdf-and welfare of the children. ./Mr_Tobias_Yates_Professional_conduct_panel_outcome_...pdf- ./Mr_Tobias_Yates_Professional_conduct_panel_outcome_...pdf-The panel finds that the conduct of Mr Yates fell significantly short of the standards ./Mr_Tobias_Yates_Professional_conduct_panel_outcome_...pdf-expected of the profession. ./Mr_Tobias_Yates_Professional_conduct_panel_outcome_...pdf- ./Mr_Tobias_Yates_Professional_conduct_panel_outcome_...pdf-The findings of misconduct are particularly serious as they include relevant and ./Mr_Tobias_Yates_Professional_conduct_panel_outcome_...pdf-numerous convictions of sexual activity with a child, taking and possessing indecent ./Mr_Tobias_Yates_Professional_conduct_panel_outcome_...pdf:photographs of a child and possessing an extreme pornographic image. ./Mr_Tobias_Yates_Professional_conduct_panel_outcome_...pdf- ./Mr_Tobias_Yates_Professional_conduct_panel_outcome_...pdf-I have to determine whether the imposition of a prohibition order is proportionate and in ./Mr_Tobias_Yates_Professional_conduct_panel_outcome_...pdf-the public interest. In considering that for this case, I have considered the overall aim of a ./Mr_Tobias_Yates_Professional_conduct_panel_outcome_...pdf-prohibition order which is to protect pupils and to maintain public confidence in the ./Mr_Tobias_Yates_Professional_conduct_panel_outcome_...pdf-profession. I have considered the extent to which a prohibition order in this case would ./Mr_Tobias_Yates_Professional_conduct_panel_outcome_...pdf-achieve that aim taking into account the impact that it will have on the individual teacher. ./Mr_Tobias_Yates_Professional_conduct_panel_outcome_...pdf-I have also asked myself, whether a less intrusive measure, such as the published ./Mr_Tobias_Yates_Professional_conduct_panel_outcome_...pdf-findings, would itself be sufficient to achieve the overall aim. I have to consider whether ./Mr_Tobias_Yates_Professional_conduct_panel_outcome_...pdf-the consequences of such a publication are themselves sufficient. I have considered ./Mr_Tobias_Yates_Professional_conduct_panel_outcome_...pdf-therefore whether or not prohibiting Mr Yates, and the impact that will have on the ./Mr_Tobias_Yates_Professional_conduct_panel_outcome_...pdf-teacher, is proportionate and in the public interest. ./Mr_Tobias_Yates_Professional_conduct_panel_outcome_...pdf- ./Mr_Tobias_Yates_Professional_conduct_panel_outcome_...pdf-In this case, I have considered the extent to which a prohibition order would protect ./Mr_Tobias_Yates_Professional_conduct_panel_outcome_...pdf-children and safeguard pupils. The panel has observed, “In the light of the panel’s ./Mr_Tobias_Yates_Professional_conduct_panel_outcome_...pdf-findings against Mr Yates which involved numerous convictions of relevant offences, ./Mr_Tobias_Yates_Professional_conduct_panel_outcome_...pdf-there was a strong public interest consideration in respect of the safeguarding and ./Mr_Tobias_Yates_Professional_conduct_panel_outcome_...pdf-wellbeing of pupils, given the serious findings of inappropriate relationships with children, ./Mr_Tobias_Yates_Professional_conduct_panel_outcome_...pdf:grooming and Mr Yates’ abuse of his position of trust, particularly noting the vulnerability ./Mr_Tobias_Yates_Professional_conduct_panel_outcome_...pdf-of the children involved.” A prohibition order would therefore prevent such a risk from ./Mr_Tobias_Yates_Professional_conduct_panel_outcome_...pdf-being present in the future. ./Mr_Tobias_Yates_Professional_conduct_panel_outcome_...pdf- ./Mr_Tobias_Yates_Professional_conduct_panel_outcome_...pdf-I have also taken into account the panel’s comments on insight and remorse, which the ./Mr_Tobias_Yates_Professional_conduct_panel_outcome_...pdf-panel sets out as follows, “the panel did not consider that Mr Yates had shown any ./Mr_Tobias_Yates_Professional_conduct_panel_outcome_...pdf-insight into the extent of his offending behaviour nor any remorse for his actions.” In my ./Mr_Tobias_Yates_Professional_conduct_panel_outcome_...pdf-judgement, the lack of insight and remorse means that there is some risk of the repetition ./Mr_Tobias_Yates_Professional_conduct_panel_outcome_...pdf-of this behaviour, and this puts at risk the future wellbeing of pupils’. I have therefore ./Mr_Tobias_Yates_Professional_conduct_panel_outcome_...pdf-given this element considerable weight in reaching my decision. ./Mr_Tobias_Yates_Professional_conduct_panel_outcome_...pdf- -- ./Mr_Tobias_Yates_Professional_conduct_panel_outcome_...pdf-For these reasons, I have concluded that a prohibition order is proportionate and in the ./Mr_Tobias_Yates_Professional_conduct_panel_outcome_...pdf-public interest in order to achieve the intended aims of a prohibition order. ./Mr_Tobias_Yates_Professional_conduct_panel_outcome_...pdf- ./Mr_Tobias_Yates_Professional_conduct_panel_outcome_...pdf-I have gone on to consider the matter of a review period. In this case, the panel has ./Mr_Tobias_Yates_Professional_conduct_panel_outcome_...pdf-recommended that no provision should be made for a review period. ./Mr_Tobias_Yates_Professional_conduct_panel_outcome_...pdf- ./Mr_Tobias_Yates_Professional_conduct_panel_outcome_...pdf-I have considered the panel’s comments “The panel found that Mr Yates was responsible ./Mr_Tobias_Yates_Professional_conduct_panel_outcome_...pdf-for the most serious sexual misconduct with children, and specifically children with whom ./Mr_Tobias_Yates_Professional_conduct_panel_outcome_...pdf-he had held a position of trust but had exploited their vulnerabilities; as well as the taking ./Mr_Tobias_Yates_Professional_conduct_panel_outcome_...pdf-and possession of indecent images of children and the possession of extreme ./Mr_Tobias_Yates_Professional_conduct_panel_outcome_...pdf:pornographic images. Accordingly, the panel considered this case was one that fit well ./Mr_Tobias_Yates_Professional_conduct_panel_outcome_...pdf-within the conduct indicated in the Advice where it was likely a review period was not ./Mr_Tobias_Yates_Professional_conduct_panel_outcome_...pdf-appropriate.” The panel has also said “a review period was not appropriate was ./Mr_Tobias_Yates_Professional_conduct_panel_outcome_...pdf-reinforced as it could not be confident that Mr Yates would not repeat the behaviours.” ./Mr_Tobias_Yates_Professional_conduct_panel_outcome_...pdf- ./Mr_Tobias_Yates_Professional_conduct_panel_outcome_...pdf-Factors mean that allowing a review period is not sufficient to achieve the aim of ./Mr_Tobias_Yates_Professional_conduct_panel_outcome_...pdf-maintaining public confidence in the profession. These elements are the seriousness of ./Mr_Tobias_Yates_Professional_conduct_panel_outcome_...pdf-the findings involving children and the lack of insight and remorse. ./Mr_Tobias_Yates_Professional_conduct_panel_outcome_...pdf- ./Mr_Tobias_Yates_Professional_conduct_panel_outcome_...pdf-I consider therefore that allowing for no review period is necessary to maintain public ./Mr_Tobias_Yates_Professional_conduct_panel_outcome_...pdf-confidence and is proportionate and in the public interest. ./Mr_Toby_Kennedy__15125__-_web_decision.pdf- ./Mr_Toby_Kennedy__15125__-_web_decision.pdf- a. developed a friendship with her; ./Mr_Toby_Kennedy__15125__-_web_decision.pdf- ./Mr_Toby_Kennedy__15125__-_web_decision.pdf- b. exchanged messages with her, including via 'Snapchat'; ./Mr_Toby_Kennedy__15125__-_web_decision.pdf- ./Mr_Toby_Kennedy__15125__-_web_decision.pdf- c. gave her a lift in his car on one occasion or more; ./Mr_Toby_Kennedy__15125__-_web_decision.pdf- ./Mr_Toby_Kennedy__15125__-_web_decision.pdf-2. His conduct 1a and/or 1b and/or 1c above breached the School's safeguarding ./Mr_Toby_Kennedy__15125__-_web_decision.pdf- policy and/or procedure. ./Mr_Toby_Kennedy__15125__-_web_decision.pdf- ./Mr_Toby_Kennedy__15125__-_web_decision.pdf:3. His conduct at 1a and/or 1b and/or 1c above was sexually motivated. ./Mr_Toby_Kennedy__15125__-_web_decision.pdf- ./Mr_Toby_Kennedy__15125__-_web_decision.pdf-Mr Kennedy has admitted the facts of allegations 1 and 2. ./Mr_Toby_Kennedy__15125__-_web_decision.pdf- ./Mr_Toby_Kennedy__15125__-_web_decision.pdf-Mr Kennedy has also admitted that his conduct in relation to allegations 1 and 2 ./Mr_Toby_Kennedy__15125__-_web_decision.pdf-amounted to unacceptable professional conduct and/or conduct that may bring the ./Mr_Toby_Kennedy__15125__-_web_decision.pdf-profession into disrepute. ./Mr_Toby_Kennedy__15125__-_web_decision.pdf- ./Mr_Toby_Kennedy__15125__-_web_decision.pdf-There were no admissions in relation to allegation 3, which was denied. ./Mr_Toby_Kennedy__15125__-_web_decision.pdf- ./Mr_Toby_Kennedy__15125__-_web_decision.pdf- -- ./Mr_Toby_Kennedy__15125__-_web_decision.pdf-  encourage or engage in inappropriate humour or chat or gestures. ./Mr_Toby_Kennedy__15125__-_web_decision.pdf- ./Mr_Toby_Kennedy__15125__-_web_decision.pdf-Mr Kennedy admits that his conduct at allegation 1 breached these policies. He also admits ./Mr_Toby_Kennedy__15125__-_web_decision.pdf-that he was aware of the policies and procedures which were in place at the School and ./Mr_Toby_Kennedy__15125__-_web_decision.pdf-did not comply with them. ./Mr_Toby_Kennedy__15125__-_web_decision.pdf- ./Mr_Toby_Kennedy__15125__-_web_decision.pdf-Accordingly, in light of the admission made and the evidence, the panel finds allegation 2 ./Mr_Toby_Kennedy__15125__-_web_decision.pdf-proven in relation to Mr Kennedy's conduct at 1a, 1b and 1c. ./Mr_Toby_Kennedy__15125__-_web_decision.pdf- ./Mr_Toby_Kennedy__15125__-_web_decision.pdf- ./Mr_Toby_Kennedy__15125__-_web_decision.pdf:3. Your conduct at allegation 1a and/or 1b and/or 1c above was sexually ./Mr_Toby_Kennedy__15125__-_web_decision.pdf- motivated. ./Mr_Toby_Kennedy__15125__-_web_decision.pdf- ./Mr_Toby_Kennedy__15125__-_web_decision.pdf-The panel did not have the benefit of hearing first hand oral evidence from either Pupil A ./Mr_Toby_Kennedy__15125__-_web_decision.pdf-or Mr Kennedy. ./Mr_Toby_Kennedy__15125__-_web_decision.pdf- ./Mr_Toby_Kennedy__15125__-_web_decision.pdf-However written accounts within the papers suggest that the relationship, described as ./Mr_Toby_Kennedy__15125__-_web_decision.pdf-one of friendship, first began when Pupil A was a Year 11 pupil and around the time that ./Mr_Toby_Kennedy__15125__-_web_decision.pdf-she became involved in the Alice in Wonderland production. Mr Kennedy had previously ./Mr_Toby_Kennedy__15125__-_web_decision.pdf-been Pupil A's GCSE music teacher. ./Mr_Toby_Kennedy__15125__-_web_decision.pdf- -- ./Mr_Toby_Kennedy__15125__-_web_decision.pdf:sexual content. He stated that he "had drunk too much and pushed the joke too far. I now ./Mr_Toby_Kennedy__15125__-_web_decision.pdf-realise it was inappropriate" (page 92). ./Mr_Toby_Kennedy__15125__-_web_decision.pdf- ./Mr_Toby_Kennedy__15125__-_web_decision.pdf-On the evidence before it, the panel did not consider Mr Kennedy's explanation to be ./Mr_Toby_Kennedy__15125__-_web_decision.pdf-credible and it did not have the benefit of hearing from him in oral evidence. ./Mr_Toby_Kennedy__15125__-_web_decision.pdf- ./Mr_Toby_Kennedy__15125__-_web_decision.pdf-First, the panel noted that there is a suggestion that similar comments may have been ./Mr_Toby_Kennedy__15125__-_web_decision.pdf-made in other messages (see for example page 37 where the head of Sixth Form ./Mr_Toby_Kennedy__15125__-_web_decision.pdf-records Pupil A having indicated that "he would sometimes still send the same kind of ./Mr_Toby_Kennedy__15125__-_web_decision.pdf-thing when sober"). ./Mr_Toby_Kennedy__15125__-_web_decision.pdf- ./Mr_Toby_Kennedy__15125__-_web_decision.pdf-Whilst such messages were not before the panel, Mr Kennedy's account clearly alluded ./Mr_Toby_Kennedy__15125__-_web_decision.pdf:to prior discussions relating to the use of Snapchat as a means of exchanging sexual ./Mr_Toby_Kennedy__15125__-_web_decision.pdf-content. The panel considered that this, in itself, was extremely inappropriate and ran ./Mr_Toby_Kennedy__15125__-_web_decision.pdf-counter to Mr Kennedy's position that this was, in essence, a one-off aberration. ./Mr_Toby_Kennedy__15125__-_web_decision.pdf- ./Mr_Toby_Kennedy__15125__-_web_decision.pdf-Further, whilst in his various accounts Mr Kennedy has focused predominantly on this ./Mr_Toby_Kennedy__15125__-_web_decision.pdf-particular message, the panel considered that there were other messages which ./Mr_Toby_Kennedy__15125__-_web_decision.pdf:contained content that was clearly of a sexual nature. There were numerous other ./Mr_Toby_Kennedy__15125__-_web_decision.pdf-comments which were troubling, namely: ./Mr_Toby_Kennedy__15125__-_web_decision.pdf- ./Mr_Toby_Kennedy__15125__-_web_decision.pdf-  "Because you look good, and I would like to see more, and you don't wanna play, ./Mr_Toby_Kennedy__15125__-_web_decision.pdf- and that makes me sad, and I got really excited" ./Mr_Toby_Kennedy__15125__-_web_decision.pdf- ./Mr_Toby_Kennedy__15125__-_web_decision.pdf-  "I thought you liked me" ./Mr_Toby_Kennedy__15125__-_web_decision.pdf- ./Mr_Toby_Kennedy__15125__-_web_decision.pdf-  "But I think I like you a lot more than you like me" ./Mr_Toby_Kennedy__15125__-_web_decision.pdf- ./Mr_Toby_Kennedy__15125__-_web_decision.pdf-  (in response to a comment from Pupil A that she likes Mr Kennedy) "But not in a 'I -- ./Mr_Toby_Kennedy__15125__-_web_decision.pdf-  "I like you" ./Mr_Toby_Kennedy__15125__-_web_decision.pdf- ./Mr_Toby_Kennedy__15125__-_web_decision.pdf-The panel also had regard to the request made by Mr Kennedy for Pupil A to delete the ./Mr_Toby_Kennedy__15125__-_web_decision.pdf-messages. ./Mr_Toby_Kennedy__15125__-_web_decision.pdf- ./Mr_Toby_Kennedy__15125__-_web_decision.pdf-The panel considered that this indicated that Mr Kennedy knew the conversation was ./Mr_Toby_Kennedy__15125__-_web_decision.pdf-wrong and inappropriate, which he accepted during the course of his police interview ./Mr_Toby_Kennedy__15125__-_web_decision.pdf-(page 75). By his own admission he was also aware of the School's policies to which the ./Mr_Toby_Kennedy__15125__-_web_decision.pdf-panel had regard. ./Mr_Toby_Kennedy__15125__-_web_decision.pdf- ./Mr_Toby_Kennedy__15125__-_web_decision.pdf:The panel took careful account of Mr Kennedy's various denials that he had any sexual ./Mr_Toby_Kennedy__15125__-_web_decision.pdf:feelings towards Pupil A and that he was not sexually motivated. It also had regard to his ./Mr_Toby_Kennedy__15125__-_web_decision.pdf-prior good history. ./Mr_Toby_Kennedy__15125__-_web_decision.pdf- ./Mr_Toby_Kennedy__15125__-_web_decision.pdf- ./Mr_Toby_Kennedy__15125__-_web_decision.pdf- 10 ./Mr_Toby_Kennedy__15125__-_web_decision.pdf- -- ./Mr_Toby_Kennedy__15125__-_web_decision.pdf-likely motivation behind his being prepared to offer her lifts in the absence of parental ./Mr_Toby_Kennedy__15125__-_web_decision.pdf-consent and without having raised the matter with senior management. ./Mr_Toby_Kennedy__15125__-_web_decision.pdf- ./Mr_Toby_Kennedy__15125__-_web_decision.pdf-Further, the relationship and exchange of messages did not conclude after that particular ./Mr_Toby_Kennedy__15125__-_web_decision.pdf-message. Messages continued to be exchanged despite, it would appear, Mr Kennedy ./Mr_Toby_Kennedy__15125__-_web_decision.pdf-having being contacted by a friend of Pupil A requesting that he cease further contact. In ./Mr_Toby_Kennedy__15125__-_web_decision.pdf-fact his conduct only ceased following the matter having been reported to the head of ./Mr_Toby_Kennedy__15125__-_web_decision.pdf-Sixth Form at the School. ./Mr_Toby_Kennedy__15125__-_web_decision.pdf- ./Mr_Toby_Kennedy__15125__-_web_decision.pdf-On balance and having carefully weighed all of the evidence, the panel accordingly ./Mr_Toby_Kennedy__15125__-_web_decision.pdf:considered that Mr Kennedy's conduct was sexually motivated. ./Mr_Toby_Kennedy__15125__-_web_decision.pdf- ./Mr_Toby_Kennedy__15125__-_web_decision.pdf-The panel of course had no direct evidence of Mr Kennedy's motives. It was not therefore ./Mr_Toby_Kennedy__15125__-_web_decision.pdf-possible, for example, to determine if Mr Kennedy was hoping to have a relationship with ./Mr_Toby_Kennedy__15125__-_web_decision.pdf:Pupil A or if he was seeking more immediate sexual gratification. It accepted the ./Mr_Toby_Kennedy__15125__-_web_decision.pdf-assertion in Mr Kennedy's letter dated 15 September 2016 that he had not in fact made ./Mr_Toby_Kennedy__15125__-_web_decision.pdf-any attempt to take advantage of or touch Pupil A in any way. The panel nevertheless ./Mr_Toby_Kennedy__15125__-_web_decision.pdf-considered that, on the balance of probabilities and considering the evidence as a whole, ./Mr_Toby_Kennedy__15125__-_web_decision.pdf-the appropriate inference to be drawn as regards the development of his friendship with ./Mr_Toby_Kennedy__15125__-_web_decision.pdf-Pupil A, the messages exchanged on Snapchat and the giving of lifts was that Mr ./Mr_Toby_Kennedy__15125__-_web_decision.pdf:Kennedy's actions were for some form of sexual gratification. ./Mr_Toby_Kennedy__15125__-_web_decision.pdf- ./Mr_Toby_Kennedy__15125__-_web_decision.pdf-Whilst the relationship may have started out within the proper boundaries of a ./Mr_Toby_Kennedy__15125__-_web_decision.pdf-teacher/pupil relationship, it would appear that at some point it changed. This is ./Mr_Toby_Kennedy__15125__-_web_decision.pdf-supported by various accounts provided by Pupil A included within the papers. For ./Mr_Toby_Kennedy__15125__-_web_decision.pdf-example, there is reference to a large volume of messages and an indication that Pupil A ./Mr_Toby_Kennedy__15125__-_web_decision.pdf-"felt that the tone of Mr Kennedy's messages had changed over time" (page 45). The ./Mr_Toby_Kennedy__15125__-_web_decision.pdf-panel considered that the nature of the communications within the bundle in particular ./Mr_Toby_Kennedy__15125__-_web_decision.pdf:was such that it was appropriate to infer that his conduct overall was sexually motivated. ./Mr_Toby_Kennedy__15125__-_web_decision.pdf- ./Mr_Toby_Kennedy__15125__-_web_decision.pdf-The panel considered that the development of the friendship, the offering of a lift or lifts to ./Mr_Toby_Kennedy__15125__-_web_decision.pdf-Pupil A and the exchanges of messages between Mr Kennedy and Pupil A were ./Mr_Toby_Kennedy__15125__-_web_decision.pdf- ./Mr_Toby_Kennedy__15125__-_web_decision.pdf- ./Mr_Toby_Kennedy__15125__-_web_decision.pdf- ./Mr_Toby_Kennedy__15125__-_web_decision.pdf- 11 ./Mr_Toby_Kennedy__15125__-_web_decision.pdf- -- ./Mr_Toby_Kennedy__15125__-_web_decision.pdf-measure, and whether it is in the public interest to do so. Prohibition orders should not be ./Mr_Toby_Kennedy__15125__-_web_decision.pdf-given in order to be punitive, or to show that blame has been apportioned, although they ./Mr_Toby_Kennedy__15125__-_web_decision.pdf-are likely to have punitive effect. ./Mr_Toby_Kennedy__15125__-_web_decision.pdf- ./Mr_Toby_Kennedy__15125__-_web_decision.pdf-The panel has considered the particular public interest considerations set out in the ./Mr_Toby_Kennedy__15125__-_web_decision.pdf-Advice and having done so has found a number of them to be relevant in this case, ./Mr_Toby_Kennedy__15125__-_web_decision.pdf-namely the protection of pupils, the maintenance of public confidence in the profession ./Mr_Toby_Kennedy__15125__-_web_decision.pdf-and declaring and upholding proper standards of conduct. ./Mr_Toby_Kennedy__15125__-_web_decision.pdf- ./Mr_Toby_Kennedy__15125__-_web_decision.pdf-In light of the panel’s findings against Mr Kennedy, including that he had engaged in an ./Mr_Toby_Kennedy__15125__-_web_decision.pdf:inappropriate relationship with Pupil A which the panel considered to be sexually ./Mr_Toby_Kennedy__15125__-_web_decision.pdf-motivated, there is a strong public interest consideration in respect of the protection of ./Mr_Toby_Kennedy__15125__-_web_decision.pdf-pupils given the serious finding of an inappropriate relationship with a pupil. ./Mr_Toby_Kennedy__15125__-_web_decision.pdf- ./Mr_Toby_Kennedy__15125__-_web_decision.pdf-Similarly, the panel considers that public confidence in the profession could be seriously ./Mr_Toby_Kennedy__15125__-_web_decision.pdf-weakened if conduct such as that found against Mr Kennedy were not treated with the ./Mr_Toby_Kennedy__15125__-_web_decision.pdf-utmost seriousness when regulating the conduct of the profession. ./Mr_Toby_Kennedy__15125__-_web_decision.pdf- ./Mr_Toby_Kennedy__15125__-_web_decision.pdf- ./Mr_Toby_Kennedy__15125__-_web_decision.pdf- ./Mr_Toby_Kennedy__15125__-_web_decision.pdf- -- ./Mr_Toby_Kennedy__15125__-_web_decision.pdf-Kennedy. The panel took further account of the Advice, which suggests that a prohibition ./Mr_Toby_Kennedy__15125__-_web_decision.pdf-order may be appropriate if certain behaviours of a teacher have been proven. ./Mr_Toby_Kennedy__15125__-_web_decision.pdf- ./Mr_Toby_Kennedy__15125__-_web_decision.pdf-In the list of such behaviours, those that are relevant in this case are: ./Mr_Toby_Kennedy__15125__-_web_decision.pdf- ./Mr_Toby_Kennedy__15125__-_web_decision.pdf-  serious departure from the personal and professional conduct elements of the ./Mr_Toby_Kennedy__15125__-_web_decision.pdf- Teachers’ Standards; ./Mr_Toby_Kennedy__15125__-_web_decision.pdf-  misconduct seriously affecting the education and/or well-being of pupils, and ./Mr_Toby_Kennedy__15125__-_web_decision.pdf- particularly where there is a continuing risk; ./Mr_Toby_Kennedy__15125__-_web_decision.pdf-  abuse of position or trust; and ./Mr_Toby_Kennedy__15125__-_web_decision.pdf:  sexual misconduct. ./Mr_Toby_Kennedy__15125__-_web_decision.pdf-Even though there were behaviours that would point to a prohibition order being ./Mr_Toby_Kennedy__15125__-_web_decision.pdf-appropriate, the panel went on to consider whether or not there were sufficient mitigating ./Mr_Toby_Kennedy__15125__-_web_decision.pdf-factors to militate against a prohibition order being an appropriate and proportionate ./Mr_Toby_Kennedy__15125__-_web_decision.pdf-measure to impose, particularly taking into account the nature and severity of the ./Mr_Toby_Kennedy__15125__-_web_decision.pdf-behaviour in this case. ./Mr_Toby_Kennedy__15125__-_web_decision.pdf- ./Mr_Toby_Kennedy__15125__-_web_decision.pdf-There is no evidence that Mr Kennedy has shown any insight in relation to his actions. ./Mr_Toby_Kennedy__15125__-_web_decision.pdf-Whilst there is evidence that Mr Kennedy is a teacher of good record and some letters of ./Mr_Toby_Kennedy__15125__-_web_decision.pdf-support are included within the bundle, the panel considered that this did not outweigh ./Mr_Toby_Kennedy__15125__-_web_decision.pdf-the seriousness of his actions. There was no evidence that the teacher’s actions were not -- ./Mr_Toby_Kennedy__15125__-_web_decision.pdf-circumstances in any given case that may make it appropriate to allow a teacher to apply ./Mr_Toby_Kennedy__15125__-_web_decision.pdf-to have the prohibition order reviewed after a specified period of time that may not be ./Mr_Toby_Kennedy__15125__-_web_decision.pdf-less than 2 years. ./Mr_Toby_Kennedy__15125__-_web_decision.pdf- ./Mr_Toby_Kennedy__15125__-_web_decision.pdf-The Advice indicates that there are behaviours that, if proven, would militate against a ./Mr_Toby_Kennedy__15125__-_web_decision.pdf:review period being recommended. These behaviours include serious sexual misconduct ./Mr_Toby_Kennedy__15125__-_web_decision.pdf-that had the potential to result in, harm to a person, particularly where the individual has ./Mr_Toby_Kennedy__15125__-_web_decision.pdf-used their professional position to influence or exploit a person. The panel consider that ./Mr_Toby_Kennedy__15125__-_web_decision.pdf-the conduct found would inevitably have had an impact upon Pupil A which had the ./Mr_Toby_Kennedy__15125__-_web_decision.pdf-potential to be considerable. Mr Kennedy has also shown limited, if any, insight into his ./Mr_Toby_Kennedy__15125__-_web_decision.pdf-actions. ./Mr_Toby_Kennedy__15125__-_web_decision.pdf- ./Mr_Toby_Kennedy__15125__-_web_decision.pdf-The panel felt the findings indicated a situation in which a review period would not be ./Mr_Toby_Kennedy__15125__-_web_decision.pdf-appropriate and as such decided that it would be proportionate in all the circumstances ./Mr_Toby_Kennedy__15125__-_web_decision.pdf-for the prohibition order to be recommended without provisions for a review period. ./Mr_Toby_Kennedy__15125__-_web_decision.pdf- -- ./Mr_Toby_Kennedy__15125__-_web_decision.pdf-I have considered carefully the particular public interest considerations set out in the ./Mr_Toby_Kennedy__15125__-_web_decision.pdf-Advice and I have noted the panel’s considerations. The panel has found a number of ./Mr_Toby_Kennedy__15125__-_web_decision.pdf-public interest considerations to be relevant in this case, namely the protection of pupils, ./Mr_Toby_Kennedy__15125__-_web_decision.pdf-the maintenance of public confidence in the profession and declaring and upholding ./Mr_Toby_Kennedy__15125__-_web_decision.pdf-proper standards of conduct. I agree with the panel’s view that these are relevant in this ./Mr_Toby_Kennedy__15125__-_web_decision.pdf-case. ./Mr_Toby_Kennedy__15125__-_web_decision.pdf- ./Mr_Toby_Kennedy__15125__-_web_decision.pdf-In light of the panel’s findings against Mr Kennedy, including that he had engaged in an ./Mr_Toby_Kennedy__15125__-_web_decision.pdf:inappropriate relationship with a pupil, which the panel considered to be sexually ./Mr_Toby_Kennedy__15125__-_web_decision.pdf-motivated, I agree with the panel that there is a strong public interest consideration in ./Mr_Toby_Kennedy__15125__-_web_decision.pdf-respect of the protection of pupils. ./Mr_Toby_Kennedy__15125__-_web_decision.pdf- ./Mr_Toby_Kennedy__15125__-_web_decision.pdf-I have taken into account the advice published by the Secretary of State which suggests ./Mr_Toby_Kennedy__15125__-_web_decision.pdf-that a prohibition order may be appropriate if certain behaviours of a teacher have been ./Mr_Toby_Kennedy__15125__-_web_decision.pdf-proven. In the list of such behaviours, those that are relevant in this case are: ./Mr_Toby_Kennedy__15125__-_web_decision.pdf- ./Mr_Toby_Kennedy__15125__-_web_decision.pdf-  serious departure from the personal and professional conduct elements of the ./Mr_Toby_Kennedy__15125__-_web_decision.pdf- Teachers’ Standards; ./Mr_Toby_Kennedy__15125__-_web_decision.pdf-  misconduct seriously affecting the education and/or well-being of pupils, and ./Mr_Toby_Kennedy__15125__-_web_decision.pdf- particularly where there is a continuing risk; ./Mr_Toby_Kennedy__15125__-_web_decision.pdf-  abuse of position or trust; and ./Mr_Toby_Kennedy__15125__-_web_decision.pdf:  sexual misconduct. ./Mr_Toby_Kennedy__15125__-_web_decision.pdf-The particulars of the allegations found proven are, in the view of the panel, and in my ./Mr_Toby_Kennedy__15125__-_web_decision.pdf-view, fundamentally incompatible with being a teacher. ./Mr_Toby_Kennedy__15125__-_web_decision.pdf- ./Mr_Toby_Kennedy__15125__-_web_decision.pdf-I have taken into account the need to balance the interests of the teacher and the ./Mr_Toby_Kennedy__15125__-_web_decision.pdf-interests of the wider profession and public. I have also taken into account the need to be ./Mr_Toby_Kennedy__15125__-_web_decision.pdf-proportionate. ./Mr_Toby_Kennedy__15125__-_web_decision.pdf- ./Mr_Toby_Kennedy__15125__-_web_decision.pdf-I am aware that the panel considers there is no evidence that Mr Kennedy has shown ./Mr_Toby_Kennedy__15125__-_web_decision.pdf-any insight in relation to his actions. Whilst there is evidence that Mr Kennedy is a ./Mr_Toby_Kennedy__15125__-_web_decision.pdf-teacher of good record, the panel considered that this did not outweigh the seriousness -- ./Mr_Toby_Kennedy__15125__-_web_decision.pdf-The Advice indicates that there are behaviours that, if proven, would militate against a ./Mr_Toby_Kennedy__15125__-_web_decision.pdf:review period being recommended. These behaviours include serious sexual misconduct ./Mr_Toby_Kennedy__15125__-_web_decision.pdf-that had the potential to result in harm to a person, particularly where the individual has ./Mr_Toby_Kennedy__15125__-_web_decision.pdf-used their professional position to influence or exploit a person. I agree with the panel’s ./Mr_Toby_Kennedy__15125__-_web_decision.pdf-view when they consider that the conduct found would inevitably have had an impact ./Mr_Toby_Kennedy__15125__-_web_decision.pdf-upon Pupil A and had the potential to be considerable. I have also considered the panel’s ./Mr_Toby_Kennedy__15125__-_web_decision.pdf-view that Mr Kennedy has also shown limited, if any, insight into his actions. ./Mr_Toby_Kennedy__15125__-_web_decision.pdf- ./Mr_Toby_Kennedy__15125__-_web_decision.pdf-For the reasons set out above, I consider that it is proportionate and in the public interest ./Mr_Toby_Kennedy__15125__-_web_decision.pdf-to accept the recommendation of the panel that there be no review period. ./Mr_Toby_Kennedy__15125__-_web_decision.pdf- ./Mr_Toby_Kennedy__15125__-_web_decision.pdf-This means that Mr Toby Kennedy is prohibited from teaching indefinitely and ./Ms_Adele_Honeyman_Professional_conduct_panel_outcome.pdf-she behaved dishonestly. Ms Honeyman explained this very coherently in her evidence ./Ms_Adele_Honeyman_Professional_conduct_panel_outcome.pdf-and the impact that this had and continues to have on her was apparent to the panel. Ms ./Ms_Adele_Honeyman_Professional_conduct_panel_outcome.pdf-Honeyman clearly saw herself as a strong and confident individual and it had been ./Ms_Adele_Honeyman_Professional_conduct_panel_outcome.pdf-particularly difficult for her to acknowledge that she had seriously undermined her own ./Ms_Adele_Honeyman_Professional_conduct_panel_outcome.pdf-integrity. Ms Honeyman said, 'I didn’t tell the truth. My focus should not have been on ./Ms_Adele_Honeyman_Professional_conduct_panel_outcome.pdf-loyalty to the headteacher but to the kids, parents and the profession…I feel bereaved ./Ms_Adele_Honeyman_Professional_conduct_panel_outcome.pdf-about my career. It was really close to being amazing and I blew it…it is a huge regret ./Ms_Adele_Honeyman_Professional_conduct_panel_outcome.pdf-that I blindly followed on…I am disappointed in myself.' ./Ms_Adele_Honeyman_Professional_conduct_panel_outcome.pdf- ./Ms_Adele_Honeyman_Professional_conduct_panel_outcome.pdf-The panel also took into account the evidence of Mrs Bolton that Ms Honeyman was ./Ms_Adele_Honeyman_Professional_conduct_panel_outcome.pdf:being 'groomed' by Mrs Earl. The panel accepted the submission made by Mr Dayle that ./Ms_Adele_Honeyman_Professional_conduct_panel_outcome.pdf-this was the context in which Ms Honeyman's actions were influenced by Mrs Earl. ./Ms_Adele_Honeyman_Professional_conduct_panel_outcome.pdf- ./Ms_Adele_Honeyman_Professional_conduct_panel_outcome.pdf-Ms Honeyman did have a previously good history. The panel also noted that a very ./Ms_Adele_Honeyman_Professional_conduct_panel_outcome.pdf-positive reference was provided by Individual D, Assistant Headteacher at the School, ./Ms_Adele_Honeyman_Professional_conduct_panel_outcome.pdf-with whom Ms Honeyman had been in competition for the role of Deputy Headteacher. In ./Ms_Adele_Honeyman_Professional_conduct_panel_outcome.pdf-this reference, Individual D stated: ./Ms_Adele_Honeyman_Professional_conduct_panel_outcome.pdf- ./Ms_Adele_Honeyman_Professional_conduct_panel_outcome.pdf- ./Ms_Adele_Honeyman_Professional_conduct_panel_outcome.pdf- ./Ms_Adele_Honeyman_Professional_conduct_panel_outcome.pdf- 25 -- ./Ms_Adele_Honeyman_Professional_conduct_panel_outcome.pdf-consider the matter from the point of view of an “ordinary intelligent and well-informed ./Ms_Adele_Honeyman_Professional_conduct_panel_outcome.pdf-citizen.” ./Ms_Adele_Honeyman_Professional_conduct_panel_outcome.pdf- ./Ms_Adele_Honeyman_Professional_conduct_panel_outcome.pdf-I have considered whether the publication of a finding of unacceptable professional ./Ms_Adele_Honeyman_Professional_conduct_panel_outcome.pdf-conduct, in the absence of a prohibition order, can itself be regarded by such a person as ./Ms_Adele_Honeyman_Professional_conduct_panel_outcome.pdf-being a proportionate response to the misconduct that has been found proven in this ./Ms_Adele_Honeyman_Professional_conduct_panel_outcome.pdf-case. ./Ms_Adele_Honeyman_Professional_conduct_panel_outcome.pdf- ./Ms_Adele_Honeyman_Professional_conduct_panel_outcome.pdf-I have also considered the impact of a prohibition order on Ms Honeyman herself. The ./Ms_Adele_Honeyman_Professional_conduct_panel_outcome.pdf-panel comment that it, “also took into account the evidence of Mrs Bolton that Ms ./Ms_Adele_Honeyman_Professional_conduct_panel_outcome.pdf:Honeyman was being 'groomed' by Mrs Earl. The panel accepted the submission made ./Ms_Adele_Honeyman_Professional_conduct_panel_outcome.pdf-by Mr Dayle that this was the context in which Ms Honeyman's actions were influenced ./Ms_Adele_Honeyman_Professional_conduct_panel_outcome.pdf-by Mrs Earl. ./Ms_Adele_Honeyman_Professional_conduct_panel_outcome.pdf- ./Ms_Adele_Honeyman_Professional_conduct_panel_outcome.pdf-Ms Honeyman did have a previously good history. The panel also noted that a very ./Ms_Adele_Honeyman_Professional_conduct_panel_outcome.pdf-positive reference was provided by Individual D, Assistant Headteacher at the School, ./Ms_Adele_Honeyman_Professional_conduct_panel_outcome.pdf-with whom Ms Honeyman had been in competition for the role of Deputy Headteacher.” ./Ms_Adele_Honeyman_Professional_conduct_panel_outcome.pdf- ./Ms_Adele_Honeyman_Professional_conduct_panel_outcome.pdf-A prohibition order would prevent Ms Honeyman from teaching and would also clearly ./Ms_Adele_Honeyman_Professional_conduct_panel_outcome.pdf-deprive the public of her contribution to the profession for the period that it is in force. ./Ms_Adele_Honeyman_Professional_conduct_panel_outcome.pdf- ./Ms_Amber_Shahid_Professional_conduct_panel_outcome.pdf-The panel found this allegation proven. ./Ms_Amber_Shahid_Professional_conduct_panel_outcome.pdf- ./Ms_Amber_Shahid_Professional_conduct_panel_outcome.pdf- 7. by your conduct as set out in all or any of allegations 1-5 above, you failed ./Ms_Amber_Shahid_Professional_conduct_panel_outcome.pdf- to observe a proper boundary appropriate to a teacher’s professional ./Ms_Amber_Shahid_Professional_conduct_panel_outcome.pdf- position; ./Ms_Amber_Shahid_Professional_conduct_panel_outcome.pdf- ./Ms_Amber_Shahid_Professional_conduct_panel_outcome.pdf-As the panel found allegations 1, 2, 4 and 5 proven, the panel considered the nature of ./Ms_Amber_Shahid_Professional_conduct_panel_outcome.pdf-Ms Shahid’s conduct and concluded there was a clear failure to observe professional ./Ms_Amber_Shahid_Professional_conduct_panel_outcome.pdf-boundaries. ./Ms_Amber_Shahid_Professional_conduct_panel_outcome.pdf- ./Ms_Amber_Shahid_Professional_conduct_panel_outcome.pdf:Whilst the panel recognised that there was no evidence of sexual contact, there was ./Ms_Amber_Shahid_Professional_conduct_panel_outcome.pdf-nevertheless a strong emotional attachment between Pupil A and Ms Shahid. This was ./Ms_Amber_Shahid_Professional_conduct_panel_outcome.pdf-apparent through Pupil A’s accounts and also supported by his father’s oral evidence. ./Ms_Amber_Shahid_Professional_conduct_panel_outcome.pdf-Pupil A cared for and respected Ms Shahid, and was concerned for her wellbeing. This ./Ms_Amber_Shahid_Professional_conduct_panel_outcome.pdf-relationship had developed through regular contact – both inside and outside of school - ./Ms_Amber_Shahid_Professional_conduct_panel_outcome.pdf-with Ms Shahid crossing the professional boundaries expected of a teacher. The panel ./Ms_Amber_Shahid_Professional_conduct_panel_outcome.pdf-noted that in year 11 Ms Shahid did not teach Pupil A and she was no longer his form ./Ms_Amber_Shahid_Professional_conduct_panel_outcome.pdf-tutor. ./Ms_Amber_Shahid_Professional_conduct_panel_outcome.pdf- ./Ms_Amber_Shahid_Professional_conduct_panel_outcome.pdf-Ms Shahid had received advice and training from the School regarding safeguarding, and ./Ms_Amber_Shahid_Professional_conduct_panel_outcome.pdf-she was offered timely and effective management guidance and support in connection ./Ms_Caroline_Reilly.pdf-B. Allegations ./Ms_Caroline_Reilly.pdf-The panel considered the allegations set out in the Notice of Proceedings dated 22 May ./Ms_Caroline_Reilly.pdf-2018. ./Ms_Caroline_Reilly.pdf- ./Ms_Caroline_Reilly.pdf-It was alleged that Ms Caroline Reilly was guilty of unacceptable professional conduct ./Ms_Caroline_Reilly.pdf-and/or conduct that may bring the profession into disrepute, in that: ./Ms_Caroline_Reilly.pdf- ./Ms_Caroline_Reilly.pdf: 1. Failed to disclose her relationship with a convicted sex offender (person A) to her ./Ms_Caroline_Reilly.pdf- employer despite the advice she received from the Director of Operations and ./Ms_Caroline_Reilly.pdf- Performance at the National Probation Service dated 17 February 2010. ./Ms_Caroline_Reilly.pdf- ./Ms_Caroline_Reilly.pdf- 2. Mislead the investigation by stating she was advised that there was no reason for ./Ms_Caroline_Reilly.pdf: her to disclose that she had a relationship with a convicted sex offender to her ./Ms_Caroline_Reilly.pdf- employer; ./Ms_Caroline_Reilly.pdf- ./Ms_Caroline_Reilly.pdf: 3. Failed to demonstrate insight into how her relationship with a convicted sex ./Ms_Caroline_Reilly.pdf- offender may have impacted on her role as head teacher; ./Ms_Caroline_Reilly.pdf- ./Ms_Caroline_Reilly.pdf- 4. Her conduct at paragraphs 1 and 2 was dishonest. ./Ms_Caroline_Reilly.pdf- ./Ms_Caroline_Reilly.pdf-The allegations were not admitted. ./Ms_Caroline_Reilly.pdf- ./Ms_Caroline_Reilly.pdf- ./Ms_Caroline_Reilly.pdf-C. Preliminary applications ./Ms_Caroline_Reilly.pdf-Application to proceed in the teacher’s absence ./Ms_Caroline_Reilly.pdf-The panel considered an application from the presenting officer to proceed in the -- ./Ms_Caroline_Reilly.pdf-In considering the reasonableness of Ms Reilly’s belief, the panel would have the ./Ms_Caroline_Reilly.pdf-opportunity to question the witnesses to understand more about how her disclosure ./Ms_Caroline_Reilly.pdf-would have aided her role as a head teacher. The panel will take account of Ms Reilly’s ./Ms_Caroline_Reilly.pdf-obligations to safeguard children and will consider how any conduct found proven may ./Ms_Caroline_Reilly.pdf-have impacted on her duty to safeguard children. ./Ms_Caroline_Reilly.pdf- ./Ms_Caroline_Reilly.pdf-The panel did not consider that the Judgement was relevant to allegation 3. The panel ./Ms_Caroline_Reilly.pdf-will turn its own independent minds to the allegation that Ms Reilly failed to demonstrate ./Ms_Caroline_Reilly.pdf:insight into how her relationship with a convicted sex offender may have impacted on her ./Ms_Caroline_Reilly.pdf-role as a head teacher. ./Ms_Caroline_Reilly.pdf- ./Ms_Caroline_Reilly.pdf-The Supreme Court looked at Ms Reilly’s contractual obligations. The panel is ./Ms_Caroline_Reilly.pdf-considering this case in the wider context of the regulatory framework. It will turn its own ./Ms_Caroline_Reilly.pdf-mind to the specific facts alleged, decide whether on the balance of probabilities they are ./Ms_Caroline_Reilly.pdf-proven and then apply its own judgement to decide whether it amounted to unacceptable ./Ms_Caroline_Reilly.pdf-professional conduct and/ or conduct that may bring the profession into disrepute. ./Ms_Caroline_Reilly.pdf- ./Ms_Caroline_Reilly.pdf-The panel was not persuaded that it was in the interest of justice for it to adduce this ./Ms_Caroline_Reilly.pdf-document into evidence and decided that it would not exercise its discretion accordingly. -- ./Ms_Caroline_Reilly.pdf: 1. Failed to disclose your relationship with a convicted sex offender to your ./Ms_Caroline_Reilly.pdf- employer despite the advice you received from the Director of Operations ./Ms_Caroline_Reilly.pdf- and Performance at the National Probation Service dated 17 February 2010. ./Ms_Caroline_Reilly.pdf-In the absence of Ms Reilly being present to give oral evidence at the hearing, the panel ./Ms_Caroline_Reilly.pdf-carefully considered her written evidence in relation to allegation 1. It considered her ./Ms_Caroline_Reilly.pdf-evidence to the Council’s investigation in November 2010, to the School’s Disciplinary ./Ms_Caroline_Reilly.pdf-Committee and the subsequent appeal in May 2011, her witness statement to these ./Ms_Caroline_Reilly.pdf-proceedings in March 2013 and, most recently, her response to the notice of proceedings ./Ms_Caroline_Reilly.pdf-in September 2018. ./Ms_Caroline_Reilly.pdf- ./Ms_Caroline_Reilly.pdf-From the evidence, the panel noted that Ms Reilly has consistently admitted the fact that ./Ms_Caroline_Reilly.pdf:she failed to disclose her relationship with a convicted sex offender to her employer. She ./Ms_Caroline_Reilly.pdf-has maintained vigorously her position that she did not need to make such a disclosure ./Ms_Caroline_Reilly.pdf-to her employer and indeed, in her opinion, to do so would have breached data protection ./Ms_Caroline_Reilly.pdf-legislation. Similarly, she admits that she received a letter dated 17 February 2010 ./Ms_Caroline_Reilly.pdf-(following person A’s conviction) from the Director of Operation and Performance at the ./Ms_Caroline_Reilly.pdf-National Probation Service. The letter stated: “I do believe however if you have not ./Ms_Caroline_Reilly.pdf-already done so, it would be wise for you to disclose this relationship to the Education ./Ms_Caroline_Reilly.pdf-Authorities whether by way of discussion with your Chair of Governor or some or other ./Ms_Caroline_Reilly.pdf-route.” ./Ms_Caroline_Reilly.pdf- ./Ms_Caroline_Reilly.pdf-Ms Reilly disputes that this letter constitutes “advice”. The panel had regard to Ms Reilly’s -- ./Ms_Caroline_Reilly.pdf-In light of the ordinary person’s understanding of the word “advice”, having looked at the ./Ms_Caroline_Reilly.pdf-letter and considered the above, it was clear to the panel that Ms Reilly had failed to ./Ms_Caroline_Reilly.pdf:disclose her relationship with a convicted sex offender (person A) to her employer ./Ms_Caroline_Reilly.pdf-despite the advice she received from the Director of Operations and Performance at the ./Ms_Caroline_Reilly.pdf-National Probation Service dated 17 February 2010. ./Ms_Caroline_Reilly.pdf- ./Ms_Caroline_Reilly.pdf-The panel, therefore, found this allegation proven. ./Ms_Caroline_Reilly.pdf- ./Ms_Caroline_Reilly.pdf- 2. Misled the investigation by stating you were advised that there was no ./Ms_Caroline_Reilly.pdf: reason for you to disclose that you had a relationship with a convicted sex ./Ms_Caroline_Reilly.pdf- offender to your employer; ./Ms_Caroline_Reilly.pdf- ./Ms_Caroline_Reilly.pdf-The panel looked at the evidence available which showed what Ms Reilly told the ./Ms_Caroline_Reilly.pdf-investigation. It considered her statement to the Council’s investigation dated November ./Ms_Caroline_Reilly.pdf-2010. She stated that, “if any of the bodies I have contacted had informed me that it was ./Ms_Caroline_Reilly.pdf-desirable to inform any potential or actual employer to the matters relating to person A I ./Ms_Caroline_Reilly.pdf-would have done so immediately. I have not engaged in any concealment process”. She ./Ms_Caroline_Reilly.pdf-further stated that, “everybody told me that as I was not under suspicion and had not ./Ms_Caroline_Reilly.pdf-been arrested then I did not need to disclose anything to anybody”. In her response to ./Ms_Caroline_Reilly.pdf-the notice of proceedings, Ms Reilly continues to maintain that there was no requirement -- ./Ms_Caroline_Reilly.pdf-her view that disclosure was not necessary. ./Ms_Caroline_Reilly.pdf- ./Ms_Caroline_Reilly.pdf-Based on this evidence and given that the letter had been sent to Ms Reilly by the time of ./Ms_Caroline_Reilly.pdf-the investigation, the panel considered that she misled the investigation by stating that ./Ms_Caroline_Reilly.pdf-there was no reason for her to disclose that she had a relationship with person A to her ./Ms_Caroline_Reilly.pdf-employer. ./Ms_Caroline_Reilly.pdf- ./Ms_Caroline_Reilly.pdf-The panel, therefore, found this allegation proven. ./Ms_Caroline_Reilly.pdf- ./Ms_Caroline_Reilly.pdf- 3. Failed to demonstrate insight into how your relationship with a convicted ./Ms_Caroline_Reilly.pdf: sex offender may have impacted on your role as Head Teacher; ./Ms_Caroline_Reilly.pdf- ./Ms_Caroline_Reilly.pdf-The panel had regard to the representations made by Ms Reilly during the investigation ./Ms_Caroline_Reilly.pdf-and in response to these proceedings. Since the start of the investigation in 2010, she ./Ms_Caroline_Reilly.pdf- ./Ms_Caroline_Reilly.pdf- 10 ./Ms_Caroline_Reilly.pdf- -- ./Ms_Caroline_Reilly.pdf-has consistently denied any wrongdoing and has sought to strenuously defend her ./Ms_Caroline_Reilly.pdf-actions in not disclosing this information to her employer. This includes her most recent ./Ms_Caroline_Reilly.pdf-submission to this hearing in response to the notice of proceedings where she states, “if ./Ms_Caroline_Reilly.pdf:the person (convicted sex offender) was not involved in the school community, did not ./Ms_Caroline_Reilly.pdf-live near the school community, did not live near the school or have any connections to ./Ms_Caroline_Reilly.pdf-the school, it would be impossible for there to be any impact of my role as a head ./Ms_Caroline_Reilly.pdf-teacher.” The panel considered this to be clearly demonstrating a lack of insight. ./Ms_Caroline_Reilly.pdf- ./Ms_Caroline_Reilly.pdf-The panel also had the benefit of oral evidence from witness B. Witness B gave evidence ./Ms_Caroline_Reilly.pdf-that Ms Reilly maintained her position throughout the investigation process that there was ./Ms_Caroline_Reilly.pdf-no need for her to disclose this information to her employer. Witness B did not consider ./Ms_Caroline_Reilly.pdf-that Ms Reilly appreciated the gravitas of the situation or fully grasp her role in ./Ms_Caroline_Reilly.pdf-safeguarding. ./Ms_Caroline_Reilly.pdf- ./Ms_Donna_Slater.pdf- 5. On or about 28 April 2017, she failed to take appropriate steps to safeguard Pupil ./Ms_Donna_Slater.pdf- A's well-being, by sharing the telephone number of Pupil A with Person 1; ./Ms_Donna_Slater.pdf- ./Ms_Donna_Slater.pdf- 6. On or about 7 May 2017, she failed to take appropriate steps to safeguard Pupil ./Ms_Donna_Slater.pdf: A's well-being, having received a voicemail regarding sexual activity being ./Ms_Donna_Slater.pdf- proposed to Pupil A by Pupil B. ./Ms_Donna_Slater.pdf- ./Ms_Donna_Slater.pdf-Ms Slater admits the facts of allegations 1 to 6 and that her behaviour amounted to ./Ms_Donna_Slater.pdf-unacceptable professional conduct and conduct that may bring the profession into ./Ms_Donna_Slater.pdf-disrepute falling short of the standards of behaviour expected of a teacher, as set out in ./Ms_Donna_Slater.pdf-the statement of agreed facts signed by Ms Slater on 14 November 2020. ./Ms_Donna_Slater.pdf- ./Ms_Donna_Slater.pdf- ./Ms_Donna_Slater.pdf-Preliminary applications ./Ms_Donna_Slater.pdf-There were no preliminary applications. -- ./Ms_Donna_Slater.pdf-2017. ./Ms_Donna_Slater.pdf- ./Ms_Donna_Slater.pdf-In the WhatsApp messages, including those shared outside school hours, Ms Slater ./Ms_Donna_Slater.pdf-made inappropriate comments about another member of staff, shared personal ./Ms_Donna_Slater.pdf-information with Pupil A, and shared her feelings towards Pupil A with Pupil A. The ./Ms_Donna_Slater.pdf-WhatsApp messages also evidenced Ms Slater seeking to meet Pupil A in the absence ./Ms_Donna_Slater.pdf-of any proper reason, and arranging for Pupil A to meet Person 1, an adult male with no ./Ms_Donna_Slater.pdf-professional connection to the school, with whom Ms Slater also shared Pupil A’s mobile ./Ms_Donna_Slater.pdf-phone number. As evidenced by the summary of voicemail messages, and by evidence ./Ms_Donna_Slater.pdf-provided by the school, Ms Slater also failed to take appropriate safeguarding action in ./Ms_Donna_Slater.pdf:respect of disclosures made to her by Pupil A, that Pupil B had proposed sexual activity ./Ms_Donna_Slater.pdf-with Pupil A. ./Ms_Donna_Slater.pdf- ./Ms_Donna_Slater.pdf-Findings of fact ./Ms_Donna_Slater.pdf- ./Ms_Donna_Slater.pdf-The findings of fact are as follows: ./Ms_Donna_Slater.pdf- ./Ms_Donna_Slater.pdf-The panel found the following particulars of the allegations against you proved, for these ./Ms_Donna_Slater.pdf-reasons: ./Ms_Donna_Slater.pdf- ./Ms_Donna_Slater.pdf-You are guilty of unacceptable professional conduct and/or conduct that may bring -- ./Ms_Donna_Slater.pdf- ./Ms_Donna_Slater.pdf- 5. On or about 28 April 2017, you failed to take appropriate steps to safeguard ./Ms_Donna_Slater.pdf- Pupil A's well-being, by sharing the telephone number of Pupil A with ./Ms_Donna_Slater.pdf- Person 1; ./Ms_Donna_Slater.pdf- ./Ms_Donna_Slater.pdf-On examination of the documents before the panel, and the admission of this allegation ./Ms_Donna_Slater.pdf-in the signed statement of agreed facts, the panel was satisfied that the allegation was ./Ms_Donna_Slater.pdf-proven. ./Ms_Donna_Slater.pdf- ./Ms_Donna_Slater.pdf- 6. On or about 7 May 2017, you failed to take appropriate steps to safeguard ./Ms_Donna_Slater.pdf: Pupil A's well-being, having received a voicemail regarding sexual activity ./Ms_Donna_Slater.pdf- being proposed to Pupil A by Pupil B. ./Ms_Donna_Slater.pdf- ./Ms_Donna_Slater.pdf-On examination of the documents before the panel, and the admission of this allegation ./Ms_Donna_Slater.pdf-in the signed statement of agreed facts, the panel was satisfied that the allegation was ./Ms_Donna_Slater.pdf-proven. ./Ms_Donna_Slater.pdf- ./Ms_Donna_Slater.pdf-Findings as to unacceptable professional conduct and/or conduct that ./Ms_Donna_Slater.pdf-may bring the profession into disrepute ./Ms_Donna_Slater.pdf- ./Ms_Donna_Slater.pdf-Having found the allegations proved, the panel went on to consider whether the facts of -- ./Ms_Donna_Slater.pdf-The panel was also concerned that some messages from Ms Slater referred to and made ./Ms_Donna_Slater.pdf-derogatory comments about one of her colleagues. The panel considered this to be a ./Ms_Donna_Slater.pdf-serious breach of the standard expected of a teacher and conduct that may well have ./Ms_Donna_Slater.pdf-undermined the relationship between Pupil A and the teacher colleague. ./Ms_Donna_Slater.pdf- ./Ms_Donna_Slater.pdf-Pupil A was a vulnerable pupil and Person 1 was an older male in respect of whom no ./Ms_Donna_Slater.pdf-safeguarding checks had been carried out. As a result, Ms Slater’s introducing of the two ./Ms_Donna_Slater.pdf-of them without any safeguarding measures gave rise to an unacceptable and serious ./Ms_Donna_Slater.pdf-safeguarding risk to Pupil A. The panel considered that an equally serious safeguarding ./Ms_Donna_Slater.pdf-breach took place when Ms Slater omitted to take any formal action on receipt of the ./Ms_Donna_Slater.pdf:voicemail that related to sexual activity being proposed to Pupil A by Pupil B. It should ./Ms_Donna_Slater.pdf-have been obvious to Ms Slater, especially in the context of her senior pastoral role and ./Ms_Donna_Slater.pdf-the training that she had received, that she should have taken immediate action with the ./Ms_Donna_Slater.pdf-school to properly safeguard Pupil A. ./Ms_Donna_Slater.pdf- ./Ms_Donna_Slater.pdf- ./Ms_Donna_Slater.pdf- ./Ms_Donna_Slater.pdf- ./Ms_Donna_Slater.pdf- 11 ./Ms_Donna_Slater.pdf- ./Ms_Francoise_Jenkins_15018-_Secretary_of_State_Decision.pdf- b. shared personal information with her; ./Ms_Francoise_Jenkins_15018-_Secretary_of_State_Decision.pdf- ./Ms_Francoise_Jenkins_15018-_Secretary_of_State_Decision.pdf- c. obtained her mobile phone number from the school’s database; ./Ms_Francoise_Jenkins_15018-_Secretary_of_State_Decision.pdf- ./Ms_Francoise_Jenkins_15018-_Secretary_of_State_Decision.pdf- d. sent text messages to her; ./Ms_Francoise_Jenkins_15018-_Secretary_of_State_Decision.pdf- ./Ms_Francoise_Jenkins_15018-_Secretary_of_State_Decision.pdf- e. met her in a classroom store cupboard where she: ./Ms_Francoise_Jenkins_15018-_Secretary_of_State_Decision.pdf- ./Ms_Francoise_Jenkins_15018-_Secretary_of_State_Decision.pdf- i. kissed her; ./Ms_Francoise_Jenkins_15018-_Secretary_of_State_Decision.pdf- ./Ms_Francoise_Jenkins_15018-_Secretary_of_State_Decision.pdf: ii. attempted to initiate sexual activity with her. ./Ms_Francoise_Jenkins_15018-_Secretary_of_State_Decision.pdf- ./Ms_Francoise_Jenkins_15018-_Secretary_of_State_Decision.pdf- f. met with her one-to-one outside school including: ./Ms_Francoise_Jenkins_15018-_Secretary_of_State_Decision.pdf- ./Ms_Francoise_Jenkins_15018-_Secretary_of_State_Decision.pdf- i. when she met her for coffee; ./Ms_Francoise_Jenkins_15018-_Secretary_of_State_Decision.pdf- ./Ms_Francoise_Jenkins_15018-_Secretary_of_State_Decision.pdf: ii. when she took her dress shopping and engaged in sexual activity with her ./Ms_Francoise_Jenkins_15018-_Secretary_of_State_Decision.pdf- in a changing room. ./Ms_Francoise_Jenkins_15018-_Secretary_of_State_Decision.pdf- ./Ms_Francoise_Jenkins_15018-_Secretary_of_State_Decision.pdf- g. visited her whilst she was staying in a homeless provision on one or more ./Ms_Francoise_Jenkins_15018-_Secretary_of_State_Decision.pdf- occasions where she: ./Ms_Francoise_Jenkins_15018-_Secretary_of_State_Decision.pdf- ./Ms_Francoise_Jenkins_15018-_Secretary_of_State_Decision.pdf- i. kissed her; ./Ms_Francoise_Jenkins_15018-_Secretary_of_State_Decision.pdf- ./Ms_Francoise_Jenkins_15018-_Secretary_of_State_Decision.pdf- ii. cuddled her; ./Ms_Francoise_Jenkins_15018-_Secretary_of_State_Decision.pdf- ./Ms_Francoise_Jenkins_15018-_Secretary_of_State_Decision.pdf- iii. suggested that she go upstairs with her; ./Ms_Francoise_Jenkins_15018-_Secretary_of_State_Decision.pdf- ./Ms_Francoise_Jenkins_15018-_Secretary_of_State_Decision.pdf: iv. engaged in sexual activity with her on a subsequent visit. ./Ms_Francoise_Jenkins_15018-_Secretary_of_State_Decision.pdf- ./Ms_Francoise_Jenkins_15018-_Secretary_of_State_Decision.pdf- h. met with her after the school prom where she: ./Ms_Francoise_Jenkins_15018-_Secretary_of_State_Decision.pdf- ./Ms_Francoise_Jenkins_15018-_Secretary_of_State_Decision.pdf- i. drank alcohol with her; ./Ms_Francoise_Jenkins_15018-_Secretary_of_State_Decision.pdf- ./Ms_Francoise_Jenkins_15018-_Secretary_of_State_Decision.pdf- ii. invited and/or took her to her home; ./Ms_Francoise_Jenkins_15018-_Secretary_of_State_Decision.pdf- ./Ms_Francoise_Jenkins_15018-_Secretary_of_State_Decision.pdf- 4 ./Ms_Francoise_Jenkins_15018-_Secretary_of_State_Decision.pdf- -- ./Ms_Francoise_Jenkins_15018-_Secretary_of_State_Decision.pdf- iii. invited Pupil A to share a bed with her and Individual C; ./Ms_Francoise_Jenkins_15018-_Secretary_of_State_Decision.pdf- ./Ms_Francoise_Jenkins_15018-_Secretary_of_State_Decision.pdf: iv. engaged in sexual activity with her; ./Ms_Francoise_Jenkins_15018-_Secretary_of_State_Decision.pdf- ./Ms_Francoise_Jenkins_15018-_Secretary_of_State_Decision.pdf: v. engaged in sexual activity with Pupil A together with Individual C. ./Ms_Francoise_Jenkins_15018-_Secretary_of_State_Decision.pdf- ./Ms_Francoise_Jenkins_15018-_Secretary_of_State_Decision.pdf: i. invited Pupil A to her home where she engaged in sexual activity with her on ./Ms_Francoise_Jenkins_15018-_Secretary_of_State_Decision.pdf- one or more occasions including: ./Ms_Francoise_Jenkins_15018-_Secretary_of_State_Decision.pdf- ./Ms_Francoise_Jenkins_15018-_Secretary_of_State_Decision.pdf- i. between herself and Pupil A; ./Ms_Francoise_Jenkins_15018-_Secretary_of_State_Decision.pdf- ./Ms_Francoise_Jenkins_15018-_Secretary_of_State_Decision.pdf- ii. involving herself, Pupil A and Individual C; ./Ms_Francoise_Jenkins_15018-_Secretary_of_State_Decision.pdf- ./Ms_Francoise_Jenkins_15018-_Secretary_of_State_Decision.pdf- iii. involving herself, Pupil A, Individual C and Individual A; ./Ms_Francoise_Jenkins_15018-_Secretary_of_State_Decision.pdf- ./Ms_Francoise_Jenkins_15018-_Secretary_of_State_Decision.pdf- iv. involving herself, Pupil A, Individual C and Individual B. ./Ms_Francoise_Jenkins_15018-_Secretary_of_State_Decision.pdf- -- ./Ms_Francoise_Jenkins_15018-_Secretary_of_State_Decision.pdf- ./Ms_Francoise_Jenkins_15018-_Secretary_of_State_Decision.pdf-The panel has carefully considered the case before it and has reached a decision. ./Ms_Francoise_Jenkins_15018-_Secretary_of_State_Decision.pdf- ./Ms_Francoise_Jenkins_15018-_Secretary_of_State_Decision.pdf-The panel confirms that it has read all the documents provided in the bundle in advance ./Ms_Francoise_Jenkins_15018-_Secretary_of_State_Decision.pdf-of the hearing. ./Ms_Francoise_Jenkins_15018-_Secretary_of_State_Decision.pdf- ./Ms_Francoise_Jenkins_15018-_Secretary_of_State_Decision.pdf-Ms Jenkins had been working as a supply teacher on a temporary contract at the Danum ./Ms_Francoise_Jenkins_15018-_Secretary_of_State_Decision.pdf-Academy (the “School”) since 19 February 2007. During April 2007, she allegedly ./Ms_Francoise_Jenkins_15018-_Secretary_of_State_Decision.pdf-befriended and entered into a relationship with year 13 student, Pupil A. There were ./Ms_Francoise_Jenkins_15018-_Secretary_of_State_Decision.pdf-regular occasions when Pupil A and Ms Jenkins met both inside and outside of the ./Ms_Francoise_Jenkins_15018-_Secretary_of_State_Decision.pdf:School setting. Ms Jenkins denied that she engaged in sexual activity with Pupil A whilst ./Ms_Francoise_Jenkins_15018-_Secretary_of_State_Decision.pdf-she was a pupil at the School. Pupil A alleges that they did engage in such activity. On ./Ms_Francoise_Jenkins_15018-_Secretary_of_State_Decision.pdf-the night of the School prom, Ms Jenkins met Pupil A for a drink and they returned ./Ms_Francoise_Jenkins_15018-_Secretary_of_State_Decision.pdf-together to Ms Jenkins’ house and shared a bed. There is a dispute about whether ./Ms_Francoise_Jenkins_15018-_Secretary_of_State_Decision.pdf:sexual activity took place between them, and between them and Individual C, on this ./Ms_Francoise_Jenkins_15018-_Secretary_of_State_Decision.pdf-occasion. ./Ms_Francoise_Jenkins_15018-_Secretary_of_State_Decision.pdf- ./Ms_Francoise_Jenkins_15018-_Secretary_of_State_Decision.pdf-On 30 June 2007, Pupil A disclosed details of the relationship to staff at the homeless ./Ms_Francoise_Jenkins_15018-_Secretary_of_State_Decision.pdf-provision where she was living at the time. After Pupil A left the homeless provision on 8 ./Ms_Francoise_Jenkins_15018-_Secretary_of_State_Decision.pdf-July 2007, staff passed on this information to the School and the School’s Safeguarding ./Ms_Francoise_Jenkins_15018-_Secretary_of_State_Decision.pdf- ./Ms_Francoise_Jenkins_15018-_Secretary_of_State_Decision.pdf- 10 ./Ms_Francoise_Jenkins_15018-_Secretary_of_State_Decision.pdf- -- ./Ms_Francoise_Jenkins_15018-_Secretary_of_State_Decision.pdf-Children Board. No further steps were taken at this time as Pupil A was not prepared to ./Ms_Francoise_Jenkins_15018-_Secretary_of_State_Decision.pdf-make a statement to the police or take matters further. ./Ms_Francoise_Jenkins_15018-_Secretary_of_State_Decision.pdf- ./Ms_Francoise_Jenkins_15018-_Secretary_of_State_Decision.pdf:Pupil A and Ms Jenkins continued to have a sexual relationship for just under two years. ./Ms_Francoise_Jenkins_15018-_Secretary_of_State_Decision.pdf:During that time, it is alleged that Pupil A and Ms Jenkins engaged regularly in sexual ./Ms_Francoise_Jenkins_15018-_Secretary_of_State_Decision.pdf:activity and sexual activity together with others. Pupil A and Ms Jenkins appear to have ./Ms_Francoise_Jenkins_15018-_Secretary_of_State_Decision.pdf-ended their relationship in or around December 2008. ./Ms_Francoise_Jenkins_15018-_Secretary_of_State_Decision.pdf- ./Ms_Francoise_Jenkins_15018-_Secretary_of_State_Decision.pdf-Pupil A went to University and Pupil A disclosed the relationship with Ms Jenkins and ./Ms_Francoise_Jenkins_15018-_Secretary_of_State_Decision.pdf-was advised to report it. Pupil A describes how she had not felt mentally able to report ./Ms_Francoise_Jenkins_15018-_Secretary_of_State_Decision.pdf-the relationship previously. ./Ms_Francoise_Jenkins_15018-_Secretary_of_State_Decision.pdf- ./Ms_Francoise_Jenkins_15018-_Secretary_of_State_Decision.pdf-Ms Jenkins ceased working at the School in July 2015 but continued working in a ./Ms_Francoise_Jenkins_15018-_Secretary_of_State_Decision.pdf-teaching capacity elsewhere. In or around October 2015, Pupil A contacted Ms Jenkins ./Ms_Francoise_Jenkins_15018-_Secretary_of_State_Decision.pdf:via text message to discuss their relationship and the sexual activity they had engaged ./Ms_Francoise_Jenkins_15018-_Secretary_of_State_Decision.pdf-in. On 21 October 2015, Pupil A disclosed the details of the relationship with Ms Jenkins ./Ms_Francoise_Jenkins_15018-_Secretary_of_State_Decision.pdf-to the School. Ms Jenkins was then suspended from teaching in or around November ./Ms_Francoise_Jenkins_15018-_Secretary_of_State_Decision.pdf-2015 whilst the matter was investigated. ./Ms_Francoise_Jenkins_15018-_Secretary_of_State_Decision.pdf- ./Ms_Francoise_Jenkins_15018-_Secretary_of_State_Decision.pdf-Pupil A attended an interview with the School on 2 December 2015 to provide her ./Ms_Francoise_Jenkins_15018-_Secretary_of_State_Decision.pdf-account of her relationship with Ms Jenkins. Ms Jenkins was then asked to attend an ./Ms_Francoise_Jenkins_15018-_Secretary_of_State_Decision.pdf-interview with the School on 6 January 2016. Once the School had spoken to Ms ./Ms_Francoise_Jenkins_15018-_Secretary_of_State_Decision.pdf-Jenkins, a series of Local Authority Designated Officer (“LADO”) meetings were held. A ./Ms_Francoise_Jenkins_15018-_Secretary_of_State_Decision.pdf-referral of the relationship between Pupil A and Ms Jenkins was then made to the ./Ms_Francoise_Jenkins_15018-_Secretary_of_State_Decision.pdf-National College on or around 10 February 2016. -- ./Ms_Francoise_Jenkins_15018-_Secretary_of_State_Decision.pdf-A at a homeless provision where Pupil A was living at the time, but denies that any ./Ms_Francoise_Jenkins_15018-_Secretary_of_State_Decision.pdf:inappropriate or sexual physical contact took place. Ms Jenkins also denies the facts of ./Ms_Francoise_Jenkins_15018-_Secretary_of_State_Decision.pdf-these allegations in her letter to the National College on 24 March 2017 (p.190) and in ./Ms_Francoise_Jenkins_15018-_Secretary_of_State_Decision.pdf-her witness statement dated 20 March 2017 (p. 200). ./Ms_Francoise_Jenkins_15018-_Secretary_of_State_Decision.pdf- ./Ms_Francoise_Jenkins_15018-_Secretary_of_State_Decision.pdf-However, the panel finds it persuasive that the LADO strategy meeting on 27 January ./Ms_Francoise_Jenkins_15018-_Secretary_of_State_Decision.pdf-2016 (p. 46) reports that Ms Jenkins admitted to visiting Pupil A whilst Pupil A was living ./Ms_Francoise_Jenkins_15018-_Secretary_of_State_Decision.pdf-at a homeless provision and still a pupil at the School and that “they kissed, cuddled and ./Ms_Francoise_Jenkins_15018-_Secretary_of_State_Decision.pdf-were friends” (p. 46). Further, this account is corroborated by Pupil A’s statement given to ./Ms_Francoise_Jenkins_15018-_Secretary_of_State_Decision.pdf-the School in that Pupil A admits that Ms Jenkins visited her one evening whilst Pupil A ./Ms_Francoise_Jenkins_15018-_Secretary_of_State_Decision.pdf-was still a pupil at the School and that they kissed on the sofa (p. 36). ./Ms_Francoise_Jenkins_15018-_Secretary_of_State_Decision.pdf- ./Ms_Francoise_Jenkins_15018-_Secretary_of_State_Decision.pdf-Although there is conflicting evidence on this point, in light of how the panel finds the ./Ms_Francoise_Jenkins_15018-_Secretary_of_State_Decision.pdf-relationship developed as a whole in or around April 2017 and that Ms Jenkins admits ./Ms_Francoise_Jenkins_15018-_Secretary_of_State_Decision.pdf-she did visit the homeless provision, the panel finds the facts of these allegations proven ./Ms_Francoise_Jenkins_15018-_Secretary_of_State_Decision.pdf-on the balance of probabilities. ./Ms_Francoise_Jenkins_15018-_Secretary_of_State_Decision.pdf- ./Ms_Francoise_Jenkins_15018-_Secretary_of_State_Decision.pdf: iv. engaged in sexual activity with her on a subsequent visit. ./Ms_Francoise_Jenkins_15018-_Secretary_of_State_Decision.pdf- ./Ms_Francoise_Jenkins_15018-_Secretary_of_State_Decision.pdf-The panel notes that Ms Jenkins denied this allegation in her response to the Notice of ./Ms_Francoise_Jenkins_15018-_Secretary_of_State_Decision.pdf-Proceedings signed on 5 January 2017 (p. 10) and in the Statement of Agreed Facts, ./Ms_Francoise_Jenkins_15018-_Secretary_of_State_Decision.pdf-signed by her on 13 March 2017 (p. 18) in which Ms Jenkins admits that she visited Pupil ./Ms_Francoise_Jenkins_15018-_Secretary_of_State_Decision.pdf-A at a homeless provision where Pupil A was living at the time, but denies that any ./Ms_Francoise_Jenkins_15018-_Secretary_of_State_Decision.pdf:inappropriate or sexual physical contact took place. Ms Jenkins also denies the facts of ./Ms_Francoise_Jenkins_15018-_Secretary_of_State_Decision.pdf-this allegation in her letter to the National College on 24 March 2017 (p. 190) and in her ./Ms_Francoise_Jenkins_15018-_Secretary_of_State_Decision.pdf-witness statement dated 20 March 2017 (p. 200). ./Ms_Francoise_Jenkins_15018-_Secretary_of_State_Decision.pdf- ./Ms_Francoise_Jenkins_15018-_Secretary_of_State_Decision.pdf-However, the panel notes that the statement given by Pupil A to the School on 2 ./Ms_Francoise_Jenkins_15018-_Secretary_of_State_Decision.pdf-December 2015, Pupil A claims Ms Jenkins visited the homeless provision, used her ./Ms_Francoise_Jenkins_15018-_Secretary_of_State_Decision.pdf:School’s ID badge to sign in and that was the first time that they engaged in sexual ./Ms_Francoise_Jenkins_15018-_Secretary_of_State_Decision.pdf-activity together (p. 37). The panel notes that in the exchange of text messages with ./Ms_Francoise_Jenkins_15018-_Secretary_of_State_Decision.pdf-Pupil A in or around October 2015, Pupil A states to Ms Jenkins that they engaged in ./Ms_Francoise_Jenkins_15018-_Secretary_of_State_Decision.pdf:sexual activity together when she lived at the homeless provision and that Ms Jenkins ./Ms_Francoise_Jenkins_15018-_Secretary_of_State_Decision.pdf-responded “The stuff that shouldn’t have happened” (p. 95). The panel finds this ./Ms_Francoise_Jenkins_15018-_Secretary_of_State_Decision.pdf-exchange highly persuasive as these were text messages which Ms Jenkins did not ./Ms_Francoise_Jenkins_15018-_Secretary_of_State_Decision.pdf-consider would be seen by anyone else. Further, Ms Jenkins neither denies nor ./Ms_Francoise_Jenkins_15018-_Secretary_of_State_Decision.pdf:questions the statement made by Pupil A about engaging in sexual activity at the ./Ms_Francoise_Jenkins_15018-_Secretary_of_State_Decision.pdf-homeless provision. Accordingly, on the balance of probabilities, the panel find the facts ./Ms_Francoise_Jenkins_15018-_Secretary_of_State_Decision.pdf-of this allegation proven. ./Ms_Francoise_Jenkins_15018-_Secretary_of_State_Decision.pdf- ./Ms_Francoise_Jenkins_15018-_Secretary_of_State_Decision.pdf- h. met with her after the school prom where you: ./Ms_Francoise_Jenkins_15018-_Secretary_of_State_Decision.pdf- ./Ms_Francoise_Jenkins_15018-_Secretary_of_State_Decision.pdf- i. drank alcohol with her; ./Ms_Francoise_Jenkins_15018-_Secretary_of_State_Decision.pdf- ./Ms_Francoise_Jenkins_15018-_Secretary_of_State_Decision.pdf- ii. invited and/or took her to your home; ./Ms_Francoise_Jenkins_15018-_Secretary_of_State_Decision.pdf- ./Ms_Francoise_Jenkins_15018-_Secretary_of_State_Decision.pdf- -- ./Ms_Francoise_Jenkins_15018-_Secretary_of_State_Decision.pdf-However, the panel notes that in the responses given to the School during an interview ./Ms_Francoise_Jenkins_15018-_Secretary_of_State_Decision.pdf-on 6 January 2016, Ms Jenkins confirms that she “asked [Pupil A] to come upstairs with ./Ms_Francoise_Jenkins_15018-_Secretary_of_State_Decision.pdf-me” (p. 33). Further, Ms Jenkins admits in her witness statement dated 20 March 2017 ./Ms_Francoise_Jenkins_15018-_Secretary_of_State_Decision.pdf-that she was “not sure who asked who about going upstairs together it was ten years ago ./Ms_Francoise_Jenkins_15018-_Secretary_of_State_Decision.pdf-and we had been drinking” (p. 202). ./Ms_Francoise_Jenkins_15018-_Secretary_of_State_Decision.pdf- ./Ms_Francoise_Jenkins_15018-_Secretary_of_State_Decision.pdf-Taking into account the circumstances as a whole that the panel finds proven in respect ./Ms_Francoise_Jenkins_15018-_Secretary_of_State_Decision.pdf-of the night of the School prom, the panel finds on the balance of probabilities this ./Ms_Francoise_Jenkins_15018-_Secretary_of_State_Decision.pdf-allegation proven. ./Ms_Francoise_Jenkins_15018-_Secretary_of_State_Decision.pdf- ./Ms_Francoise_Jenkins_15018-_Secretary_of_State_Decision.pdf: iv. engaged in sexual activity with her; ./Ms_Francoise_Jenkins_15018-_Secretary_of_State_Decision.pdf- ./Ms_Francoise_Jenkins_15018-_Secretary_of_State_Decision.pdf-The panel notes that this allegation was admitted by Ms Jenkins in her response to the ./Ms_Francoise_Jenkins_15018-_Secretary_of_State_Decision.pdf-Notice of Proceedings signed on 5 January 2017 (p. 10). Additionally, the panel notes ./Ms_Francoise_Jenkins_15018-_Secretary_of_State_Decision.pdf-that Ms Jenkins had admitted this allegation in the Statement of Agreed Facts, signed by ./Ms_Francoise_Jenkins_15018-_Secretary_of_State_Decision.pdf-her on 13 March 2017 (p. 19). ./Ms_Francoise_Jenkins_15018-_Secretary_of_State_Decision.pdf- ./Ms_Francoise_Jenkins_15018-_Secretary_of_State_Decision.pdf-Turning its independent mind to the admission, the panel notes that Ms Jenkins’ ./Ms_Francoise_Jenkins_15018-_Secretary_of_State_Decision.pdf-admission of the facts of this allegation are corroborated in the responses Ms Jenkins ./Ms_Francoise_Jenkins_15018-_Secretary_of_State_Decision.pdf-gave to the School during an interview on 6 January 2016 in that she states that she and ./Ms_Francoise_Jenkins_15018-_Secretary_of_State_Decision.pdf-Pupil A had “a bit of a grope” on the night of the School prom (p. 33) and also in Pupil A’s ./Ms_Francoise_Jenkins_15018-_Secretary_of_State_Decision.pdf-statement to the School on 2 December 2015 (p. 37). The panel does note however that ./Ms_Francoise_Jenkins_15018-_Secretary_of_State_Decision.pdf-although Ms Jenkins acknowledges in her letter to the National College on 24 March ./Ms_Francoise_Jenkins_15018-_Secretary_of_State_Decision.pdf-2017 (p. 191) and in her witness statement dated 20 March 2017 (p. 202) that she had ./Ms_Francoise_Jenkins_15018-_Secretary_of_State_Decision.pdf-shared a bed with Pupil A on the night of the prom, and that they had “cuddled” and ./Ms_Francoise_Jenkins_15018-_Secretary_of_State_Decision.pdf:“kissed”, she does not expressly state that sexual activity took place. ./Ms_Francoise_Jenkins_15018-_Secretary_of_State_Decision.pdf- ./Ms_Francoise_Jenkins_15018-_Secretary_of_State_Decision.pdf- 15 ./Ms_Francoise_Jenkins_15018-_Secretary_of_State_Decision.pdf- -- ./Ms_Francoise_Jenkins_15018-_Secretary_of_State_Decision.pdf-On the balance of probabilities, the panel is satisfied that there is sufficient evidence to ./Ms_Francoise_Jenkins_15018-_Secretary_of_State_Decision.pdf-support Ms Jenkins’ admissions, and the panel therefore finds the facts of this allegation ./Ms_Francoise_Jenkins_15018-_Secretary_of_State_Decision.pdf-proven. ./Ms_Francoise_Jenkins_15018-_Secretary_of_State_Decision.pdf- ./Ms_Francoise_Jenkins_15018-_Secretary_of_State_Decision.pdf: v. engaged in sexual activity with Pupil A together with Individual C. ./Ms_Francoise_Jenkins_15018-_Secretary_of_State_Decision.pdf- ./Ms_Francoise_Jenkins_15018-_Secretary_of_State_Decision.pdf-The panel notes that Ms Jenkins denied this allegation in her response to the Notice of ./Ms_Francoise_Jenkins_15018-_Secretary_of_State_Decision.pdf-Proceedings signed on 5 January 2017 (p. 10) and in the Statement of Agreed Facts, ./Ms_Francoise_Jenkins_15018-_Secretary_of_State_Decision.pdf-signed by her on 13 March 2017 (p. 19). Ms Jenkins also denies that Pupil A engaged in ./Ms_Francoise_Jenkins_15018-_Secretary_of_State_Decision.pdf:sexual activity with her and Individual C in her responses given in the School’s interview ./Ms_Francoise_Jenkins_15018-_Secretary_of_State_Decision.pdf-on 6 January 2016 (p. 33). ./Ms_Francoise_Jenkins_15018-_Secretary_of_State_Decision.pdf- ./Ms_Francoise_Jenkins_15018-_Secretary_of_State_Decision.pdf-However, the panel notes that in Pupil A’s statement to the School on 2 December 2015, ./Ms_Francoise_Jenkins_15018-_Secretary_of_State_Decision.pdf:Pupil A states that on the night of the prom, Pupil A engaged in sexual activity with both ./Ms_Francoise_Jenkins_15018-_Secretary_of_State_Decision.pdf-Ms Jenkins and Individual C (p.37). Further, the panel notes that in the exchange of text ./Ms_Francoise_Jenkins_15018-_Secretary_of_State_Decision.pdf-messages with Pupil A in or around October 2015, Pupil A states on a number of ./Ms_Francoise_Jenkins_15018-_Secretary_of_State_Decision.pdf:occasions to Ms Jenkins that they engaged in sexual activity together with Individual C ./Ms_Francoise_Jenkins_15018-_Secretary_of_State_Decision.pdf-on the night of the prom (p. 91, p.93, p.99 and p. 129). The panel finds this exchange ./Ms_Francoise_Jenkins_15018-_Secretary_of_State_Decision.pdf-highly persuasive as these were text messages which Ms Jenkins did not consider would ./Ms_Francoise_Jenkins_15018-_Secretary_of_State_Decision.pdf-be seen by anyone else. Further, Ms Jenkins neither denies nor questions the ./Ms_Francoise_Jenkins_15018-_Secretary_of_State_Decision.pdf-statements made by Pupil A during the exchange. Accordingly, on the balance of ./Ms_Francoise_Jenkins_15018-_Secretary_of_State_Decision.pdf-probabilities, the panel find the facts of this allegation proven. ./Ms_Francoise_Jenkins_15018-_Secretary_of_State_Decision.pdf- ./Ms_Francoise_Jenkins_15018-_Secretary_of_State_Decision.pdf: i. invited Pupil A to your home where you engaged in sexual activity with ./Ms_Francoise_Jenkins_15018-_Secretary_of_State_Decision.pdf- her on one or more occasions including: ./Ms_Francoise_Jenkins_15018-_Secretary_of_State_Decision.pdf- ./Ms_Francoise_Jenkins_15018-_Secretary_of_State_Decision.pdf- i. between yourself and Pupil A; ./Ms_Francoise_Jenkins_15018-_Secretary_of_State_Decision.pdf- ./Ms_Francoise_Jenkins_15018-_Secretary_of_State_Decision.pdf- ii. involving yourself, Pupil A and Individual C; ./Ms_Francoise_Jenkins_15018-_Secretary_of_State_Decision.pdf- ./Ms_Francoise_Jenkins_15018-_Secretary_of_State_Decision.pdf-The panel notes that these allegations were admitted by Ms Jenkins in her response to ./Ms_Francoise_Jenkins_15018-_Secretary_of_State_Decision.pdf-the Notice of Proceedings signed on 5 January 2017 (p. 10). Additionally, the panel notes ./Ms_Francoise_Jenkins_15018-_Secretary_of_State_Decision.pdf-that Ms Jenkins had admitted these allegations in the Statement of Agreed Facts, signed ./Ms_Francoise_Jenkins_15018-_Secretary_of_State_Decision.pdf-by her on 13 March 2017 (p. 19). ./Ms_Francoise_Jenkins_15018-_Secretary_of_State_Decision.pdf- ./Ms_Francoise_Jenkins_15018-_Secretary_of_State_Decision.pdf-Turning its independent mind to the admissions made, the panel notes that the ./Ms_Francoise_Jenkins_15018-_Secretary_of_State_Decision.pdf-admissions of the facts of these allegations are corroborated by Pupil A in the statement ./Ms_Francoise_Jenkins_15018-_Secretary_of_State_Decision.pdf-given to the School on 2 December 2015 when she describes generally how she and Ms ./Ms_Francoise_Jenkins_15018-_Secretary_of_State_Decision.pdf:Jenkins and Individual C would engage in sexual activity (p. 38). Pupil A describes that ./Ms_Francoise_Jenkins_15018-_Secretary_of_State_Decision.pdf:“As it progressed [Individual C] became more involved but did not have full sex with ./Ms_Francoise_Jenkins_15018-_Secretary_of_State_Decision.pdf-[Pupil A] as she was worried about becoming pregnant” (p. 38). The facts of these ./Ms_Francoise_Jenkins_15018-_Secretary_of_State_Decision.pdf-allegations are also admitted in Ms Jenkins’ letter to the National College dated 24 March ./Ms_Francoise_Jenkins_15018-_Secretary_of_State_Decision.pdf:2017 as she states that “During 2008, [Pupil A] and me did engage in sexual activity both ./Ms_Francoise_Jenkins_15018-_Secretary_of_State_Decision.pdf-alone and with Individual C” (p. 191). This is further admitted in Ms Jenkins’ witness ./Ms_Francoise_Jenkins_15018-_Secretary_of_State_Decision.pdf-statement dated 20 March 2017 (p. 203). ./Ms_Francoise_Jenkins_15018-_Secretary_of_State_Decision.pdf- ./Ms_Francoise_Jenkins_15018-_Secretary_of_State_Decision.pdf- ./Ms_Francoise_Jenkins_15018-_Secretary_of_State_Decision.pdf- 16 ./Ms_Francoise_Jenkins_15018-_Secretary_of_State_Decision.pdf- -- ./Ms_Francoise_Jenkins_15018-_Secretary_of_State_Decision.pdf- iii. involving yourself, Pupil A, Individual C and Individual A; ./Ms_Francoise_Jenkins_15018-_Secretary_of_State_Decision.pdf- ./Ms_Francoise_Jenkins_15018-_Secretary_of_State_Decision.pdf-The panel notes that this allegation was admitted by Ms Jenkins in her response to the ./Ms_Francoise_Jenkins_15018-_Secretary_of_State_Decision.pdf-Notice of Proceedings signed on 5 January 2017 (p. 10). Additionally, the panel notes ./Ms_Francoise_Jenkins_15018-_Secretary_of_State_Decision.pdf-that Ms Jenkins had admitted this allegation in the Statement of Agreed Facts, signed by ./Ms_Francoise_Jenkins_15018-_Secretary_of_State_Decision.pdf-her on 13 March 2017 (p. 19). ./Ms_Francoise_Jenkins_15018-_Secretary_of_State_Decision.pdf- ./Ms_Francoise_Jenkins_15018-_Secretary_of_State_Decision.pdf-Turning its independent mind to the admissions made, the panel notes that the ./Ms_Francoise_Jenkins_15018-_Secretary_of_State_Decision.pdf-admissions of the facts of this allegation are corroborated by Pupil A in the statement ./Ms_Francoise_Jenkins_15018-_Secretary_of_State_Decision.pdf-given to the School on 2 December 2015 when she describes that she had been invited ./Ms_Francoise_Jenkins_15018-_Secretary_of_State_Decision.pdf:to Ms Jenkins’ house with her friend, Individual A, and had engaged in sexual activity ./Ms_Francoise_Jenkins_15018-_Secretary_of_State_Decision.pdf:with Ms Jenkins, Individual A and Individual C. Pupil A describes how she had sex with ./Ms_Francoise_Jenkins_15018-_Secretary_of_State_Decision.pdf:Individual A but cried and had asked for it to stop as she did not want to have sex with a ./Ms_Francoise_Jenkins_15018-_Secretary_of_State_Decision.pdf-man (p. 38). This is further corroborated in Ms Jenkins’ witness statement dated 20 ./Ms_Francoise_Jenkins_15018-_Secretary_of_State_Decision.pdf-March 2017 (p. 204). ./Ms_Francoise_Jenkins_15018-_Secretary_of_State_Decision.pdf- ./Ms_Francoise_Jenkins_15018-_Secretary_of_State_Decision.pdf-The panel is satisfied that there is sufficient evidence to support Ms Jenkins’ admissions, ./Ms_Francoise_Jenkins_15018-_Secretary_of_State_Decision.pdf-and the panel therefore finds the facts of this allegation proven. ./Ms_Francoise_Jenkins_15018-_Secretary_of_State_Decision.pdf- ./Ms_Francoise_Jenkins_15018-_Secretary_of_State_Decision.pdf- 2. You attempted to conceal your relationship with Pupil A including by: ./Ms_Francoise_Jenkins_15018-_Secretary_of_State_Decision.pdf- ./Ms_Francoise_Jenkins_15018-_Secretary_of_State_Decision.pdf- a. paying Individual C approximately £13,000 wholly or partly so that he ./Ms_Francoise_Jenkins_15018-_Secretary_of_State_Decision.pdf- would not report the relationship; -- ./Ms_Francoise_Jenkins_15018-_Secretary_of_State_Decision.pdf-for these reasons: ./Ms_Francoise_Jenkins_15018-_Secretary_of_State_Decision.pdf- ./Ms_Francoise_Jenkins_15018-_Secretary_of_State_Decision.pdf- 1. Beginning in or around April 2007 when you were employed as a teacher at ./Ms_Francoise_Jenkins_15018-_Secretary_of_State_Decision.pdf- Danum Academy you engaged in an inappropriate relationship with Pupil A, ./Ms_Francoise_Jenkins_15018-_Secretary_of_State_Decision.pdf- in that you: ./Ms_Francoise_Jenkins_15018-_Secretary_of_State_Decision.pdf- ./Ms_Francoise_Jenkins_15018-_Secretary_of_State_Decision.pdf- e. met her in a classroom store cupboard where you: ./Ms_Francoise_Jenkins_15018-_Secretary_of_State_Decision.pdf- ./Ms_Francoise_Jenkins_15018-_Secretary_of_State_Decision.pdf- i. kissed her; ./Ms_Francoise_Jenkins_15018-_Secretary_of_State_Decision.pdf- ./Ms_Francoise_Jenkins_15018-_Secretary_of_State_Decision.pdf: ii. attempted to initiate sexual activity with her. ./Ms_Francoise_Jenkins_15018-_Secretary_of_State_Decision.pdf- ./Ms_Francoise_Jenkins_15018-_Secretary_of_State_Decision.pdf-The panel notes that Ms Jenkins denies the facts of these allegations in her response to ./Ms_Francoise_Jenkins_15018-_Secretary_of_State_Decision.pdf-the Notice of Proceedings signed by Ms Jenkins on 5 January 2017 (p. 10) and in the ./Ms_Francoise_Jenkins_15018-_Secretary_of_State_Decision.pdf-Statement of Agreed Facts signed by Ms Jenkins on 13 March 2017 (p. 16 to p 20). ./Ms_Francoise_Jenkins_15018-_Secretary_of_State_Decision.pdf- ./Ms_Francoise_Jenkins_15018-_Secretary_of_State_Decision.pdf-Although the panel notes that in her responses to the School on 2 December 2015, Pupil ./Ms_Francoise_Jenkins_15018-_Secretary_of_State_Decision.pdf-A describes that she would go into School during her final exams and into the classroom ./Ms_Francoise_Jenkins_15018-_Secretary_of_State_Decision.pdf-store cupboard with Ms Jenkins and kiss and that Ms Jenkins tried to initiate further ./Ms_Francoise_Jenkins_15018-_Secretary_of_State_Decision.pdf:sexual activity (p. 38), the panel finds this is not corroborated anywhere else in the ./Ms_Francoise_Jenkins_15018-_Secretary_of_State_Decision.pdf-evidence before it. ./Ms_Francoise_Jenkins_15018-_Secretary_of_State_Decision.pdf- ./Ms_Francoise_Jenkins_15018-_Secretary_of_State_Decision.pdf-Accordingly, the panel does not consider the National College has presented enough ./Ms_Francoise_Jenkins_15018-_Secretary_of_State_Decision.pdf-evidence for it to find on the balance of probabilities the facts of these allegations proven. ./Ms_Francoise_Jenkins_15018-_Secretary_of_State_Decision.pdf- ./Ms_Francoise_Jenkins_15018-_Secretary_of_State_Decision.pdf- f. met with her one-to-one outside school including: ./Ms_Francoise_Jenkins_15018-_Secretary_of_State_Decision.pdf- ./Ms_Francoise_Jenkins_15018-_Secretary_of_State_Decision.pdf- 19 ./Ms_Francoise_Jenkins_15018-_Secretary_of_State_Decision.pdf- -- ./Ms_Francoise_Jenkins_15018-_Secretary_of_State_Decision.pdf: ii. when you took her dress shopping and engaged in sexual activity with ./Ms_Francoise_Jenkins_15018-_Secretary_of_State_Decision.pdf- her in a changing room. ./Ms_Francoise_Jenkins_15018-_Secretary_of_State_Decision.pdf- ./Ms_Francoise_Jenkins_15018-_Secretary_of_State_Decision.pdf- The panel notes that Ms Jenkins denies the facts of this allegation in her response to the ./Ms_Francoise_Jenkins_15018-_Secretary_of_State_Decision.pdf- Notice of Proceedings signed by Ms Jenkins on 5 January 2017 (p. 10) and in the ./Ms_Francoise_Jenkins_15018-_Secretary_of_State_Decision.pdf- Statement of Agreed Facts signed by Ms Jenkins on 13 March 2017 (p. 16 to p. 20). ./Ms_Francoise_Jenkins_15018-_Secretary_of_State_Decision.pdf- ./Ms_Francoise_Jenkins_15018-_Secretary_of_State_Decision.pdf- Although the panel notes that in her responses to the School on 2 December 2015, Pupil ./Ms_Francoise_Jenkins_15018-_Secretary_of_State_Decision.pdf: A describes that she went dress shopping with Ms Jenkins and engaged in sexual activity ./Ms_Francoise_Jenkins_15018-_Secretary_of_State_Decision.pdf- with her in a changing room (p. 37), the panel finds this is not corroborated anywhere ./Ms_Francoise_Jenkins_15018-_Secretary_of_State_Decision.pdf- else in the evidence before it. ./Ms_Francoise_Jenkins_15018-_Secretary_of_State_Decision.pdf- ./Ms_Francoise_Jenkins_15018-_Secretary_of_State_Decision.pdf- Accordingly, the panel does not consider the National College has presented enough ./Ms_Francoise_Jenkins_15018-_Secretary_of_State_Decision.pdf- evidence for it to find on the balance of probabilities the facts of this allegation proven. ./Ms_Francoise_Jenkins_15018-_Secretary_of_State_Decision.pdf- ./Ms_Francoise_Jenkins_15018-_Secretary_of_State_Decision.pdf- g. visited her whilst she was staying in a homeless provision on one or more ./Ms_Francoise_Jenkins_15018-_Secretary_of_State_Decision.pdf- occasions where you: ./Ms_Francoise_Jenkins_15018-_Secretary_of_State_Decision.pdf- ./Ms_Francoise_Jenkins_15018-_Secretary_of_State_Decision.pdf- iii. suggested that she go upstairs with you; -- ./Ms_Francoise_Jenkins_15018-_Secretary_of_State_Decision.pdf- Statement of Agreed Facts signed by Ms Jenkins on 13 March 2017 (p. 16 to p. 20). ./Ms_Francoise_Jenkins_15018-_Secretary_of_State_Decision.pdf- ./Ms_Francoise_Jenkins_15018-_Secretary_of_State_Decision.pdf- The panel notes that in her responses to the School interview on 2 December 2015, Pupil ./Ms_Francoise_Jenkins_15018-_Secretary_of_State_Decision.pdf- A describes that Ms Jenkins had “suggested they went upstairs” when she visited Pupil A ./Ms_Francoise_Jenkins_15018-_Secretary_of_State_Decision.pdf- at the homeless provision, the panel finds this is not expressly corroborated anywhere ./Ms_Francoise_Jenkins_15018-_Secretary_of_State_Decision.pdf- else in the evidence before it (p. 37). ./Ms_Francoise_Jenkins_15018-_Secretary_of_State_Decision.pdf- ./Ms_Francoise_Jenkins_15018-_Secretary_of_State_Decision.pdf- Accordingly, the panel does not consider the National College has presented enough ./Ms_Francoise_Jenkins_15018-_Secretary_of_State_Decision.pdf- evidence for it to find on the balance of probabilities the facts of this allegation proven. ./Ms_Francoise_Jenkins_15018-_Secretary_of_State_Decision.pdf- ./Ms_Francoise_Jenkins_15018-_Secretary_of_State_Decision.pdf:i. invited Pupil A to your home where you engaged in sexual activity with her on ./Ms_Francoise_Jenkins_15018-_Secretary_of_State_Decision.pdf- one or more occasions including: ./Ms_Francoise_Jenkins_15018-_Secretary_of_State_Decision.pdf- ./Ms_Francoise_Jenkins_15018-_Secretary_of_State_Decision.pdf- iv. involving yourself, Pupil A, Individual C and Individual B. ./Ms_Francoise_Jenkins_15018-_Secretary_of_State_Decision.pdf- ./Ms_Francoise_Jenkins_15018-_Secretary_of_State_Decision.pdf- The panel notes that Ms Jenkins denies the facts of this allegation in her response to the ./Ms_Francoise_Jenkins_15018-_Secretary_of_State_Decision.pdf- Notice of Proceedings signed by Ms Jenkins on 5 January 2017 (p. 10) and in the ./Ms_Francoise_Jenkins_15018-_Secretary_of_State_Decision.pdf- Statement of Agreed Facts signed by Ms Jenkins on 13 March 2017 (p. 16 to p. 20). ./Ms_Francoise_Jenkins_15018-_Secretary_of_State_Decision.pdf- ./Ms_Francoise_Jenkins_15018-_Secretary_of_State_Decision.pdf- The panel notes that in her responses to the School interview on 2 December 2015, Pupil ./Ms_Francoise_Jenkins_15018-_Secretary_of_State_Decision.pdf- A describes Ms Jenkins had text Pupil A whilst she was with Individual B and invited ./Ms_Francoise_Jenkins_15018-_Secretary_of_State_Decision.pdf: them around to her home and that “all 4 had sex” (p. 38). However, the panel finds this is ./Ms_Francoise_Jenkins_15018-_Secretary_of_State_Decision.pdf- not expressly corroborated anywhere else in the evidence before it. ./Ms_Francoise_Jenkins_15018-_Secretary_of_State_Decision.pdf- ./Ms_Francoise_Jenkins_15018-_Secretary_of_State_Decision.pdf- ./Ms_Francoise_Jenkins_15018-_Secretary_of_State_Decision.pdf- ./Ms_Francoise_Jenkins_15018-_Secretary_of_State_Decision.pdf- ./Ms_Francoise_Jenkins_15018-_Secretary_of_State_Decision.pdf- 20 ./Ms_Francoise_Jenkins_15018-_Secretary_of_State_Decision.pdf- -- ./Ms_Francoise_Jenkins_15018-_Secretary_of_State_Decision.pdf-problems with a vulnerable pupil whilst she was in a position of responsibility and trust ./Ms_Francoise_Jenkins_15018-_Secretary_of_State_Decision.pdf-and considers this inappropriate behaviour. ./Ms_Francoise_Jenkins_15018-_Secretary_of_State_Decision.pdf- ./Ms_Francoise_Jenkins_15018-_Secretary_of_State_Decision.pdf-The panel has also considered whether Ms Jenkins’ conduct displayed behaviours ./Ms_Francoise_Jenkins_15018-_Secretary_of_State_Decision.pdf-associated with any of the offences listed on pages 8 and 9 of the Advice. The panel did ./Ms_Francoise_Jenkins_15018-_Secretary_of_State_Decision.pdf-not consider that this was a case involving serious dishonesty as, although it has found ./Ms_Francoise_Jenkins_15018-_Secretary_of_State_Decision.pdf-Ms Jenkins behaviour dishonest in respect of allegation 2.a. only, it found that such ./Ms_Francoise_Jenkins_15018-_Secretary_of_State_Decision.pdf-behaviour was at the lower end of the “dishonesty spectrum”. Such dishonesty could also ./Ms_Francoise_Jenkins_15018-_Secretary_of_State_Decision.pdf-have been influenced by a concern about her own children or the School finding out ./Ms_Francoise_Jenkins_15018-_Secretary_of_State_Decision.pdf-about the relationship between her and Pupil A because of embarrassment that she was ./Ms_Francoise_Jenkins_15018-_Secretary_of_State_Decision.pdf:engaging in such activity with a member of the same sex when she was in a ./Ms_Francoise_Jenkins_15018-_Secretary_of_State_Decision.pdf:heterosexual relationship. ./Ms_Francoise_Jenkins_15018-_Secretary_of_State_Decision.pdf- ./Ms_Francoise_Jenkins_15018-_Secretary_of_State_Decision.pdf-The panel therefore is satisfied that Ms Jenkins is guilty of unacceptable professional ./Ms_Francoise_Jenkins_15018-_Secretary_of_State_Decision.pdf-conduct. ./Ms_Francoise_Jenkins_15018-_Secretary_of_State_Decision.pdf- ./Ms_Francoise_Jenkins_15018-_Secretary_of_State_Decision.pdf-With reference to conduct that may bring the profession into disrepute, the panel has ./Ms_Francoise_Jenkins_15018-_Secretary_of_State_Decision.pdf-taken into account how the teaching profession is viewed by others and considers the ./Ms_Francoise_Jenkins_15018-_Secretary_of_State_Decision.pdf-influence that teachers may have on pupils, parents and others in the community. The ./Ms_Francoise_Jenkins_15018-_Secretary_of_State_Decision.pdf-panel has taken account of the uniquely influential role that teachers can hold in pupils’ ./Ms_Francoise_Jenkins_15018-_Secretary_of_State_Decision.pdf- ./Ms_Francoise_Jenkins_15018-_Secretary_of_State_Decision.pdf- -- ./Ms_Francoise_Jenkins_15018-_Secretary_of_State_Decision.pdf-lives and that pupils must be able to view teachers as role models in the way they ./Ms_Francoise_Jenkins_15018-_Secretary_of_State_Decision.pdf-behave. ./Ms_Francoise_Jenkins_15018-_Secretary_of_State_Decision.pdf- ./Ms_Francoise_Jenkins_15018-_Secretary_of_State_Decision.pdf-The panel considers that Ms Jenkins’ conduct in the familiarity of her relationship with ./Ms_Francoise_Jenkins_15018-_Secretary_of_State_Decision.pdf:Pupil A whilst still a pupil, and then her subsequent sexual activity with Pupil A and others ./Ms_Francoise_Jenkins_15018-_Secretary_of_State_Decision.pdf-amounts to conduct which would likely have a negative impact on her status as a ./Ms_Francoise_Jenkins_15018-_Secretary_of_State_Decision.pdf-teacher, potentially damaging the public perception of the profession. ./Ms_Francoise_Jenkins_15018-_Secretary_of_State_Decision.pdf- ./Ms_Francoise_Jenkins_15018-_Secretary_of_State_Decision.pdf-The panel finds that Ms Jenkins’ actions constitute conduct that may bring the profession ./Ms_Francoise_Jenkins_15018-_Secretary_of_State_Decision.pdf-into disrepute. ./Ms_Francoise_Jenkins_15018-_Secretary_of_State_Decision.pdf- ./Ms_Francoise_Jenkins_15018-_Secretary_of_State_Decision.pdf- ./Ms_Francoise_Jenkins_15018-_Secretary_of_State_Decision.pdf-Panel’s recommendation to the Secretary of State ./Ms_Francoise_Jenkins_15018-_Secretary_of_State_Decision.pdf-Given the panel’s findings in respect of unacceptable professional conduct/conduct that ./Ms_Francoise_Jenkins_15018-_Secretary_of_State_Decision.pdf-may bring the profession into disrepute, it is necessary for the panel to go on to consider -- ./Ms_Francoise_Jenkins_15018-_Secretary_of_State_Decision.pdf-given in order to be punitive, or to show that blame has been apportioned, although they ./Ms_Francoise_Jenkins_15018-_Secretary_of_State_Decision.pdf-are likely to have punitive effect. ./Ms_Francoise_Jenkins_15018-_Secretary_of_State_Decision.pdf- ./Ms_Francoise_Jenkins_15018-_Secretary_of_State_Decision.pdf-The panel has considered the particular public interest considerations set out in the ./Ms_Francoise_Jenkins_15018-_Secretary_of_State_Decision.pdf-Advice and having done so has found a number of them to be relevant in this case, ./Ms_Francoise_Jenkins_15018-_Secretary_of_State_Decision.pdf-namely the protection of pupils, the maintenance of public confidence in the profession ./Ms_Francoise_Jenkins_15018-_Secretary_of_State_Decision.pdf-and declaring and upholding proper standards of conduct. ./Ms_Francoise_Jenkins_15018-_Secretary_of_State_Decision.pdf- ./Ms_Francoise_Jenkins_15018-_Secretary_of_State_Decision.pdf-In light of the panel’s findings against Ms Jenkins, which involved an inappropriate ./Ms_Francoise_Jenkins_15018-_Secretary_of_State_Decision.pdf-relationship with a potentially vulnerable pupil whilst that pupil was still on the School’s ./Ms_Francoise_Jenkins_15018-_Secretary_of_State_Decision.pdf:roll and sexual activity with Pupil A, there is a strong public interest consideration in ./Ms_Francoise_Jenkins_15018-_Secretary_of_State_Decision.pdf-respect of the protection of pupils given the serious findings of inappropriate relationships ./Ms_Francoise_Jenkins_15018-_Secretary_of_State_Decision.pdf-with children. ./Ms_Francoise_Jenkins_15018-_Secretary_of_State_Decision.pdf- ./Ms_Francoise_Jenkins_15018-_Secretary_of_State_Decision.pdf-Similarly, the panel considers that public confidence in the profession could be seriously ./Ms_Francoise_Jenkins_15018-_Secretary_of_State_Decision.pdf-weakened if conduct such as that found against Ms Jenkins were not treated with the ./Ms_Francoise_Jenkins_15018-_Secretary_of_State_Decision.pdf-utmost seriousness when regulating the conduct of the profession. ./Ms_Francoise_Jenkins_15018-_Secretary_of_State_Decision.pdf- ./Ms_Francoise_Jenkins_15018-_Secretary_of_State_Decision.pdf-The panel considered that a strong public interest consideration in declaring proper ./Ms_Francoise_Jenkins_15018-_Secretary_of_State_Decision.pdf-standards of conduct in the profession was also present as the conduct found against Ms ./Ms_Francoise_Jenkins_15018-_Secretary_of_State_Decision.pdf-Jenkins was outside that which could reasonably be tolerated. -- ./Ms_Francoise_Jenkins_15018-_Secretary_of_State_Decision.pdf-with Pupil A but the panel has not seen any independent evidence to support this. ./Ms_Francoise_Jenkins_15018-_Secretary_of_State_Decision.pdf- ./Ms_Francoise_Jenkins_15018-_Secretary_of_State_Decision.pdf-The panel was persuaded by the presenting officer’s argument that Ms Jenkins only had ./Ms_Francoise_Jenkins_15018-_Secretary_of_State_Decision.pdf-a good history of teaching after her relationship with Pupil A started because of her ./Ms_Francoise_Jenkins_15018-_Secretary_of_State_Decision.pdf-deception in failing to disclose the details of her relationship, which allowed her to avoid ./Ms_Francoise_Jenkins_15018-_Secretary_of_State_Decision.pdf-the consequences of her actions and continue to teach. ./Ms_Francoise_Jenkins_15018-_Secretary_of_State_Decision.pdf- ./Ms_Francoise_Jenkins_15018-_Secretary_of_State_Decision.pdf-The panel is of the view that prohibition is both proportionate and appropriate. The panel ./Ms_Francoise_Jenkins_15018-_Secretary_of_State_Decision.pdf-has decided that the public interest considerations outweigh the interests of Ms Jenkins ./Ms_Francoise_Jenkins_15018-_Secretary_of_State_Decision.pdf-in this case. Ms Jenkins’ deception, the inappropriate nature of her relationship with a ./Ms_Francoise_Jenkins_15018-_Secretary_of_State_Decision.pdf:vulnerable pupil and the sexual activity engaged in with Pupil A was a significant factor in ./Ms_Francoise_Jenkins_15018-_Secretary_of_State_Decision.pdf-forming that opinion. ./Ms_Francoise_Jenkins_15018-_Secretary_of_State_Decision.pdf- ./Ms_Francoise_Jenkins_15018-_Secretary_of_State_Decision.pdf- ./Ms_Francoise_Jenkins_15018-_Secretary_of_State_Decision.pdf- ./Ms_Francoise_Jenkins_15018-_Secretary_of_State_Decision.pdf- ./Ms_Francoise_Jenkins_15018-_Secretary_of_State_Decision.pdf- 24 ./Ms_Francoise_Jenkins_15018-_Secretary_of_State_Decision.pdf- -- ./Ms_Francoise_Jenkins_15018-_Secretary_of_State_Decision.pdf- ./Ms_Francoise_Jenkins_15018-_Secretary_of_State_Decision.pdf-The panel finds it important that Ms Jenkins continues to blame her actions on a lack of ./Ms_Francoise_Jenkins_15018-_Secretary_of_State_Decision.pdf-safeguarding training she had had at the time. Additionally, by continuing to try to be ./Ms_Francoise_Jenkins_15018-_Secretary_of_State_Decision.pdf-friends with Pupil A some years later in the exchange of text messages in October 2015, ./Ms_Francoise_Jenkins_15018-_Secretary_of_State_Decision.pdf-Ms Jenkins has continued to demonstrate a lack of understanding of her responsibilities ./Ms_Francoise_Jenkins_15018-_Secretary_of_State_Decision.pdf-as a teacher and a failure to understand the harm she caused. This leads the panel to ./Ms_Francoise_Jenkins_15018-_Secretary_of_State_Decision.pdf-consider that Ms Jenkins has not learned from her actions. Accordingly, there may be a ./Ms_Francoise_Jenkins_15018-_Secretary_of_State_Decision.pdf-risk that such behaviour could occur again in the future. ./Ms_Francoise_Jenkins_15018-_Secretary_of_State_Decision.pdf- ./Ms_Francoise_Jenkins_15018-_Secretary_of_State_Decision.pdf-The Advice indicates that there are behaviours that, if proven, would militate against a ./Ms_Francoise_Jenkins_15018-_Secretary_of_State_Decision.pdf:review period being recommended. One of these behaviours include serious sexual ./Ms_Francoise_Jenkins_15018-_Secretary_of_State_Decision.pdf:misconduct, e.g. where the act was sexually motivated and resulted in or had the ./Ms_Francoise_Jenkins_15018-_Secretary_of_State_Decision.pdf-potential to result in, harm to a person or persons, particularly where the individual has ./Ms_Francoise_Jenkins_15018-_Secretary_of_State_Decision.pdf-used their professional position to influence or exploit a person or persons. ./Ms_Francoise_Jenkins_15018-_Secretary_of_State_Decision.pdf- ./Ms_Francoise_Jenkins_15018-_Secretary_of_State_Decision.pdf-Ms Jenkins initiated a relationship with a vulnerable pupil whilst she was still on the ./Ms_Francoise_Jenkins_15018-_Secretary_of_State_Decision.pdf-School roll. Furthermore, the inappropriate relationship was only possible because Ms ./Ms_Francoise_Jenkins_15018-_Secretary_of_State_Decision.pdf-Jenkins was in a position of trust as a teacher. The panel has therefore found that Ms ./Ms_Francoise_Jenkins_15018-_Secretary_of_State_Decision.pdf:Jenkins was responsible for sexual conduct with a vulnerable pupil which was sustained ./Ms_Francoise_Jenkins_15018-_Secretary_of_State_Decision.pdf-over a period of time. Furthermore, when Ms Jenkins was contacted by Pupil A in ./Ms_Francoise_Jenkins_15018-_Secretary_of_State_Decision.pdf-October 2015, she showed little restraint in keeping an appropriate distance from Pupil A ./Ms_Francoise_Jenkins_15018-_Secretary_of_State_Decision.pdf-and actively seemed to be pursuing a relationship again. The panel is therefore ./Ms_Francoise_Jenkins_15018-_Secretary_of_State_Decision.pdf-concerned about the lack of insight, particularly as Ms Jenkins had received safeguarding ./Ms_Francoise_Jenkins_15018-_Secretary_of_State_Decision.pdf-training by that time, of the behaviour displayed by Ms Jenkins in the text messages in ./Ms_Francoise_Jenkins_15018-_Secretary_of_State_Decision.pdf-October 2015. Further the panel notes that there are inconsistencies in the evidence ./Ms_Francoise_Jenkins_15018-_Secretary_of_State_Decision.pdf-about Ms Jenkins account of her relationship with Pupil A in 2007 which demonstrates a ./Ms_Francoise_Jenkins_15018-_Secretary_of_State_Decision.pdf-lack of willingness to engage appropriately disciplinary and regulatory processes. ./Ms_Francoise_Jenkins_15018-_Secretary_of_State_Decision.pdf- ./Ms_Francoise_Jenkins_15018-_Secretary_of_State_Decision.pdf-The panel felt the findings indicated a situation in which a review period would not be -- ./Ms_Francoise_Jenkins_15018-_Secretary_of_State_Decision.pdf- ./Ms_Francoise_Jenkins_15018-_Secretary_of_State_Decision.pdf-I therefore support the recommendation of the panel. ./Ms_Francoise_Jenkins_15018-_Secretary_of_State_Decision.pdf- ./Ms_Francoise_Jenkins_15018-_Secretary_of_State_Decision.pdf-I have gone on to consider the matter of a review period. I have taken into account the ./Ms_Francoise_Jenkins_15018-_Secretary_of_State_Decision.pdf-panel’s comments on previous good performance and also the level of insight and ./Ms_Francoise_Jenkins_15018-_Secretary_of_State_Decision.pdf-remorse shown by the teacher. In this case the panel explicitly point out: ./Ms_Francoise_Jenkins_15018-_Secretary_of_State_Decision.pdf- ./Ms_Francoise_Jenkins_15018-_Secretary_of_State_Decision.pdf-“Ms Jenkins initiated a relationship with a vulnerable pupil whilst she was still on the ./Ms_Francoise_Jenkins_15018-_Secretary_of_State_Decision.pdf-School roll. Furthermore, the inappropriate relationship was only possible because Ms ./Ms_Francoise_Jenkins_15018-_Secretary_of_State_Decision.pdf-Jenkins was in a position of trust as a teacher. The panel has therefore found that Ms ./Ms_Francoise_Jenkins_15018-_Secretary_of_State_Decision.pdf:Jenkins was responsible for sexual conduct with a vulnerable pupil which was sustained ./Ms_Francoise_Jenkins_15018-_Secretary_of_State_Decision.pdf-over a period of time.” ./Ms_Francoise_Jenkins_15018-_Secretary_of_State_Decision.pdf- ./Ms_Francoise_Jenkins_15018-_Secretary_of_State_Decision.pdf-I have taken careful account of the advice published and in my view, having considered ./Ms_Francoise_Jenkins_15018-_Secretary_of_State_Decision.pdf-the public interest and the need to be proportionate it is my conclusion that there should ./Ms_Francoise_Jenkins_15018-_Secretary_of_State_Decision.pdf-be no review period. ./Ms_Francoise_Jenkins_15018-_Secretary_of_State_Decision.pdf- ./Ms_Francoise_Jenkins_15018-_Secretary_of_State_Decision.pdf-This means that Ms Francoise Jenkins is prohibited from teaching indefinitely and ./Ms_Francoise_Jenkins_15018-_Secretary_of_State_Decision.pdf-cannot teach in any school, sixth form college, relevant youth accommodation or ./Ms_Francoise_Jenkins_15018-_Secretary_of_State_Decision.pdf-children’s home in England. Furthermore, in view of the seriousness of the allegations ./Ms_Francoise_Jenkins_15018-_Secretary_of_State_Decision.pdf-found proved against her, I have decided that Ms Francoise Jenkins shall not be entitled ./Ms_Gemma_Beckett_Professional_conduct_panel_meeting_outcome.pdf- ./Ms_Gemma_Beckett_Professional_conduct_panel_meeting_outcome.pdf- d) She sent gifts to Pupil A on one or more occasions ./Ms_Gemma_Beckett_Professional_conduct_panel_meeting_outcome.pdf- ./Ms_Gemma_Beckett_Professional_conduct_panel_meeting_outcome.pdf- e) She accepted gifts from Pupil A, which you failed to disclose to the School ./Ms_Gemma_Beckett_Professional_conduct_panel_meeting_outcome.pdf- ./Ms_Gemma_Beckett_Professional_conduct_panel_meeting_outcome.pdf- f) She met 1:1 with Pupil A outside the School ./Ms_Gemma_Beckett_Professional_conduct_panel_meeting_outcome.pdf- ./Ms_Gemma_Beckett_Professional_conduct_panel_meeting_outcome.pdf- g) She invited and/or permitted Pupil A to visit her home on one or more ./Ms_Gemma_Beckett_Professional_conduct_panel_meeting_outcome.pdf- occasions ./Ms_Gemma_Beckett_Professional_conduct_panel_meeting_outcome.pdf- ./Ms_Gemma_Beckett_Professional_conduct_panel_meeting_outcome.pdf: h) She engaged in sexual activity with Pupil A ./Ms_Gemma_Beckett_Professional_conduct_panel_meeting_outcome.pdf- ./Ms_Gemma_Beckett_Professional_conduct_panel_meeting_outcome.pdf- i) She moved Pupil A to live in her home ./Ms_Gemma_Beckett_Professional_conduct_panel_meeting_outcome.pdf- ./Ms_Gemma_Beckett_Professional_conduct_panel_meeting_outcome.pdf: 2. Her behaviour as may be found proven at 1 above was conduct of a sexual nature ./Ms_Gemma_Beckett_Professional_conduct_panel_meeting_outcome.pdf: and / or was sexually motivated. ./Ms_Gemma_Beckett_Professional_conduct_panel_meeting_outcome.pdf- ./Ms_Gemma_Beckett_Professional_conduct_panel_meeting_outcome.pdf- 3. Her behaviour as may be found proven at 1 above was notwithstanding that she ./Ms_Gemma_Beckett_Professional_conduct_panel_meeting_outcome.pdf- knew / ought to have known that Pupil A was vulnerable [redacted]. ./Ms_Gemma_Beckett_Professional_conduct_panel_meeting_outcome.pdf- ./Ms_Gemma_Beckett_Professional_conduct_panel_meeting_outcome.pdf- 4. She failed to disclose to the School: ./Ms_Gemma_Beckett_Professional_conduct_panel_meeting_outcome.pdf- ./Ms_Gemma_Beckett_Professional_conduct_panel_meeting_outcome.pdf- a) That Pupil A contacted her by her personal email and mobile phone; ./Ms_Gemma_Beckett_Professional_conduct_panel_meeting_outcome.pdf- ./Ms_Gemma_Beckett_Professional_conduct_panel_meeting_outcome.pdf- 4 ./Ms_Gemma_Beckett_Professional_conduct_panel_meeting_outcome.pdf- -- ./Ms_Gemma_Beckett_Professional_conduct_panel_meeting_outcome.pdf- ./Ms_Gemma_Beckett_Professional_conduct_panel_meeting_outcome.pdf-In the panel's view, the multiple exchange of gifts between a teacher and pupil, especially ./Ms_Gemma_Beckett_Professional_conduct_panel_meeting_outcome.pdf-when the gifts are of some value and profess to personal feelings, is clearly ./Ms_Gemma_Beckett_Professional_conduct_panel_meeting_outcome.pdf-inappropriate. The panel determined that these particulars were proved. ./Ms_Gemma_Beckett_Professional_conduct_panel_meeting_outcome.pdf- ./Ms_Gemma_Beckett_Professional_conduct_panel_meeting_outcome.pdf- f) You met 1:1 with Pupil A outside the School ./Ms_Gemma_Beckett_Professional_conduct_panel_meeting_outcome.pdf- ./Ms_Gemma_Beckett_Professional_conduct_panel_meeting_outcome.pdf- g) You invited and/or permitted Pupil A to visit your home on one or more ./Ms_Gemma_Beckett_Professional_conduct_panel_meeting_outcome.pdf- occasions ./Ms_Gemma_Beckett_Professional_conduct_panel_meeting_outcome.pdf- ./Ms_Gemma_Beckett_Professional_conduct_panel_meeting_outcome.pdf: h) You engaged in sexual activity with Pupil A ./Ms_Gemma_Beckett_Professional_conduct_panel_meeting_outcome.pdf- ./Ms_Gemma_Beckett_Professional_conduct_panel_meeting_outcome.pdf- i) You moved Pupil A to live in your home ./Ms_Gemma_Beckett_Professional_conduct_panel_meeting_outcome.pdf- ./Ms_Gemma_Beckett_Professional_conduct_panel_meeting_outcome.pdf-The panel noted that Ms Beckett had unequivocally accepted the facts of these ./Ms_Gemma_Beckett_Professional_conduct_panel_meeting_outcome.pdf-particulars within the Statement. This acceptance was consistent with Ms Beckett's ./Ms_Gemma_Beckett_Professional_conduct_panel_meeting_outcome.pdf-position of the facts given to the College during the investigatory interview. ./Ms_Gemma_Beckett_Professional_conduct_panel_meeting_outcome.pdf- ./Ms_Gemma_Beckett_Professional_conduct_panel_meeting_outcome.pdf-A teacher meeting a pupil outside of school, in the teacher's own home and engaging in ./Ms_Gemma_Beckett_Professional_conduct_panel_meeting_outcome.pdf:sexual activity, is clearly inappropriate. On balance, the panel was content that the TRA ./Ms_Gemma_Beckett_Professional_conduct_panel_meeting_outcome.pdf-had discharged its burden and found these particulars proved. ./Ms_Gemma_Beckett_Professional_conduct_panel_meeting_outcome.pdf- ./Ms_Gemma_Beckett_Professional_conduct_panel_meeting_outcome.pdf: 2. Your behaviour as may be found proven at 1 above was conduct of a sexual ./Ms_Gemma_Beckett_Professional_conduct_panel_meeting_outcome.pdf: nature and/or was sexually motivated. ./Ms_Gemma_Beckett_Professional_conduct_panel_meeting_outcome.pdf- ./Ms_Gemma_Beckett_Professional_conduct_panel_meeting_outcome.pdf-The panel accepted the legal advice on this matter, and noted Ms Beckett's admission, in ./Ms_Gemma_Beckett_Professional_conduct_panel_meeting_outcome.pdf:the Statement, that her conduct had been of a sexual nature and sexually motivated. ./Ms_Gemma_Beckett_Professional_conduct_panel_meeting_outcome.pdf- ./Ms_Gemma_Beckett_Professional_conduct_panel_meeting_outcome.pdf-The facts relating to allegation 1 suggested to the panel that Ms Beckett's actions with ./Ms_Gemma_Beckett_Professional_conduct_panel_meeting_outcome.pdf:Pupil A may have been sexually motivated, albeit there was no substantive evidence that ./Ms_Gemma_Beckett_Professional_conduct_panel_meeting_outcome.pdf-this was undertaken in a deliberately exploitative manner. ./Ms_Gemma_Beckett_Professional_conduct_panel_meeting_outcome.pdf- ./Ms_Gemma_Beckett_Professional_conduct_panel_meeting_outcome.pdf-When determining the state of mind of a person, a panel must give weight to that ./Ms_Gemma_Beckett_Professional_conduct_panel_meeting_outcome.pdf-person's explanation of what their state of mind was, or had been, at the relevant time. ./Ms_Gemma_Beckett_Professional_conduct_panel_meeting_outcome.pdf-That person would be best placed to give such evidence, rather than the panel having to ./Ms_Gemma_Beckett_Professional_conduct_panel_meeting_outcome.pdf-rely on possible inferences. In this case, Ms Beckett had made unequivocal admissions ./Ms_Gemma_Beckett_Professional_conduct_panel_meeting_outcome.pdf:and the panel found this allegation proved in respect of sexual motivation. ./Ms_Gemma_Beckett_Professional_conduct_panel_meeting_outcome.pdf- ./Ms_Gemma_Beckett_Professional_conduct_panel_meeting_outcome.pdf- ./Ms_Gemma_Beckett_Professional_conduct_panel_meeting_outcome.pdf- 8 ./Ms_Gemma_Beckett_Professional_conduct_panel_meeting_outcome.pdf- -- ./Ms_Gemma_Beckett_Professional_conduct_panel_meeting_outcome.pdf:In respect of Ms Beckett's conduct being of a sexual nature, there was nothing inherent in ./Ms_Gemma_Beckett_Professional_conduct_panel_meeting_outcome.pdf:particulars 1.a to 1.g and 1.i that necessarily made those acts 'of a sexual nature'. ./Ms_Gemma_Beckett_Professional_conduct_panel_meeting_outcome.pdf- ./Ms_Gemma_Beckett_Professional_conduct_panel_meeting_outcome.pdf:The panel accepted Ms Beckett's admission to 1.h, which was an act clearly sexual in ./Ms_Gemma_Beckett_Professional_conduct_panel_meeting_outcome.pdf-nature, but in the absence of any other evidence, did not find 1.a to 1.g, and 1.i, proved. ./Ms_Gemma_Beckett_Professional_conduct_panel_meeting_outcome.pdf- ./Ms_Gemma_Beckett_Professional_conduct_panel_meeting_outcome.pdf- 4. You failed to disclose to the School: ./Ms_Gemma_Beckett_Professional_conduct_panel_meeting_outcome.pdf- ./Ms_Gemma_Beckett_Professional_conduct_panel_meeting_outcome.pdf- a) That Pupil A contacted you by her personal email and mobile phone; ./Ms_Gemma_Beckett_Professional_conduct_panel_meeting_outcome.pdf- ./Ms_Gemma_Beckett_Professional_conduct_panel_meeting_outcome.pdf- b) That Pupil A gave you gifts; ./Ms_Gemma_Beckett_Professional_conduct_panel_meeting_outcome.pdf- ./Ms_Gemma_Beckett_Professional_conduct_panel_meeting_outcome.pdf- c) That Pupil A described her feelings towards you; ./Ms_Gemma_Beckett_Professional_conduct_panel_meeting_outcome.pdf- -- ./Ms_Gemma_Beckett_Professional_conduct_panel_meeting_outcome.pdf- ./Ms_Gemma_Beckett_Professional_conduct_panel_meeting_outcome.pdf- o having regard for the need to safeguard pupils’ well-being, in accordance ./Ms_Gemma_Beckett_Professional_conduct_panel_meeting_outcome.pdf- with statutory provisions. ./Ms_Gemma_Beckett_Professional_conduct_panel_meeting_outcome.pdf- ./Ms_Gemma_Beckett_Professional_conduct_panel_meeting_outcome.pdf-  Teachers must have proper and professional regard for the ethos, policies and ./Ms_Gemma_Beckett_Professional_conduct_panel_meeting_outcome.pdf- practices of the school in which they teach; ./Ms_Gemma_Beckett_Professional_conduct_panel_meeting_outcome.pdf- ./Ms_Gemma_Beckett_Professional_conduct_panel_meeting_outcome.pdf-  Teachers must have an understanding of, and always act within, the statutory ./Ms_Gemma_Beckett_Professional_conduct_panel_meeting_outcome.pdf- frameworks which set out their professional duties and responsibilities. ./Ms_Gemma_Beckett_Professional_conduct_panel_meeting_outcome.pdf- ./Ms_Gemma_Beckett_Professional_conduct_panel_meeting_outcome.pdf:The panel had found proved that Ms Beckett's conduct was sexually motivated and that ./Ms_Gemma_Beckett_Professional_conduct_panel_meeting_outcome.pdf-she had entered into an inappropriate relationship with a pupil. In the panel's view, whilst ./Ms_Gemma_Beckett_Professional_conduct_panel_meeting_outcome.pdf- ./Ms_Gemma_Beckett_Professional_conduct_panel_meeting_outcome.pdf- 10 ./Ms_Gemma_Beckett_Professional_conduct_panel_meeting_outcome.pdf- -- ./Ms_Gemma_Beckett_Professional_conduct_panel_meeting_outcome.pdf- ./Ms_Gemma_Beckett_Professional_conduct_panel_meeting_outcome.pdf-  serious departure from the personal and professional conduct elements of the ./Ms_Gemma_Beckett_Professional_conduct_panel_meeting_outcome.pdf- Teachers’ Standards; ./Ms_Gemma_Beckett_Professional_conduct_panel_meeting_outcome.pdf- ./Ms_Gemma_Beckett_Professional_conduct_panel_meeting_outcome.pdf-  abuse of position or trust (particularly involving vulnerable pupils) or violation of the ./Ms_Gemma_Beckett_Professional_conduct_panel_meeting_outcome.pdf- rights of pupils; ./Ms_Gemma_Beckett_Professional_conduct_panel_meeting_outcome.pdf- ./Ms_Gemma_Beckett_Professional_conduct_panel_meeting_outcome.pdf-  dishonesty especially where there have been serious consequences, and/or it has ./Ms_Gemma_Beckett_Professional_conduct_panel_meeting_outcome.pdf- been repeated and/or covered up; ./Ms_Gemma_Beckett_Professional_conduct_panel_meeting_outcome.pdf- ./Ms_Gemma_Beckett_Professional_conduct_panel_meeting_outcome.pdf:  sexual misconduct, for example, involving actions that were sexually motivated or ./Ms_Gemma_Beckett_Professional_conduct_panel_meeting_outcome.pdf: of a sexual nature and/or that use or exploit the trust, knowledge or influence ./Ms_Gemma_Beckett_Professional_conduct_panel_meeting_outcome.pdf- derived from the individual’s professional position; ./Ms_Gemma_Beckett_Professional_conduct_panel_meeting_outcome.pdf- ./Ms_Gemma_Beckett_Professional_conduct_panel_meeting_outcome.pdf- ./Ms_Gemma_Beckett_Professional_conduct_panel_meeting_outcome.pdf- 12 ./Ms_Gemma_Beckett_Professional_conduct_panel_meeting_outcome.pdf- -- ./Ms_Gemma_Beckett_Professional_conduct_panel_meeting_outcome.pdf-Even though some of the behaviour found proved in this case indicated that a prohibition ./Ms_Gemma_Beckett_Professional_conduct_panel_meeting_outcome.pdf-order would be appropriate, the panel went on to consider the mitigating factors. ./Ms_Gemma_Beckett_Professional_conduct_panel_meeting_outcome.pdf-Mitigating factors may indicate that a prohibition order would not be appropriate or ./Ms_Gemma_Beckett_Professional_conduct_panel_meeting_outcome.pdf-proportionate. ./Ms_Gemma_Beckett_Professional_conduct_panel_meeting_outcome.pdf- ./Ms_Gemma_Beckett_Professional_conduct_panel_meeting_outcome.pdf-In the light of the panel’s findings, and full admissions by Ms Beckett, there was no ./Ms_Gemma_Beckett_Professional_conduct_panel_meeting_outcome.pdf-evidence that her actions were not deliberate. ./Ms_Gemma_Beckett_Professional_conduct_panel_meeting_outcome.pdf- ./Ms_Gemma_Beckett_Professional_conduct_panel_meeting_outcome.pdf-Similarly, there was no evidence to suggest that Ms Beckett was acting under duress, ./Ms_Gemma_Beckett_Professional_conduct_panel_meeting_outcome.pdf:and the panel found, in part, her to be sexually motivated, albeit within a relationship of ./Ms_Gemma_Beckett_Professional_conduct_panel_meeting_outcome.pdf-mutual desire. ./Ms_Gemma_Beckett_Professional_conduct_panel_meeting_outcome.pdf- ./Ms_Gemma_Beckett_Professional_conduct_panel_meeting_outcome.pdf-Ms Beckett did have a previously good history but the panel did not have any recent ./Ms_Gemma_Beckett_Professional_conduct_panel_meeting_outcome.pdf-references regarding her teaching ability, which would have been of assistance. ./Ms_Gemma_Beckett_Professional_conduct_panel_meeting_outcome.pdf- ./Ms_Gemma_Beckett_Professional_conduct_panel_meeting_outcome.pdf-The panel first considered whether it would be proportionate to conclude this case with ./Ms_Gemma_Beckett_Professional_conduct_panel_meeting_outcome.pdf-no recommendation of prohibition, considering whether the publication of the findings ./Ms_Gemma_Beckett_Professional_conduct_panel_meeting_outcome.pdf-made by the panel would be sufficient. ./Ms_Gemma_Beckett_Professional_conduct_panel_meeting_outcome.pdf- ./Ms_Gemma_Beckett_Professional_conduct_panel_meeting_outcome.pdf-The panel was of the view that, applying the standard of the ordinary intelligent citizen, it ./Ms_Gemma_Beckett_Professional_conduct_panel_meeting_outcome.pdf-would not be a proportionate and appropriate response to recommend no prohibition ./Ms_Gemma_Beckett_Professional_conduct_panel_meeting_outcome.pdf-order. Recommending that the publication of adverse findings was sufficient would ./Ms_Gemma_Beckett_Professional_conduct_panel_meeting_outcome.pdf-unacceptably compromise the public interest considerations present in this case, despite ./Ms_Gemma_Beckett_Professional_conduct_panel_meeting_outcome.pdf-the severity of the consequences for Ms Beckett of prohibition. ./Ms_Gemma_Beckett_Professional_conduct_panel_meeting_outcome.pdf- ./Ms_Gemma_Beckett_Professional_conduct_panel_meeting_outcome.pdf-The panel was of the view that prohibition was both proportionate and appropriate. The ./Ms_Gemma_Beckett_Professional_conduct_panel_meeting_outcome.pdf-panel decided that the public interest considerations outweighed the interests of Ms ./Ms_Gemma_Beckett_Professional_conduct_panel_meeting_outcome.pdf:Beckett. The conduct, specifically entering into a sexual relationship and then failing to ./Ms_Gemma_Beckett_Professional_conduct_panel_meeting_outcome.pdf-disclose its existence, for a considerable period of time, was a significant factor in forming ./Ms_Gemma_Beckett_Professional_conduct_panel_meeting_outcome.pdf-that opinion. Accordingly, the panel made a recommendation to the Secretary of State ./Ms_Gemma_Beckett_Professional_conduct_panel_meeting_outcome.pdf-that a prohibition order should be imposed with immediate effect. ./Ms_Gemma_Beckett_Professional_conduct_panel_meeting_outcome.pdf- ./Ms_Gemma_Beckett_Professional_conduct_panel_meeting_outcome.pdf-The panel went on to consider whether or not it would be appropriate to recommend that ./Ms_Gemma_Beckett_Professional_conduct_panel_meeting_outcome.pdf-a review period of the order should be considered. The panel was mindful that the Advice ./Ms_Gemma_Beckett_Professional_conduct_panel_meeting_outcome.pdf-states that a prohibition order applies for life, but there may be circumstances, in any ./Ms_Gemma_Beckett_Professional_conduct_panel_meeting_outcome.pdf-given case, that may make it appropriate to allow a teacher to apply to have the ./Ms_Gemma_Beckett_Professional_conduct_panel_meeting_outcome.pdf-prohibition order reviewed after a specified period of time that may not be less than 2 ./Ms_Gemma_Beckett_Professional_conduct_panel_meeting_outcome.pdf-years. ./Ms_Gemma_Beckett_Professional_conduct_panel_meeting_outcome.pdf- ./Ms_Gemma_Beckett_Professional_conduct_panel_meeting_outcome.pdf-The Advice indicates that there are behaviours that, if proved, would militate against the ./Ms_Gemma_Beckett_Professional_conduct_panel_meeting_outcome.pdf-recommendation of a review period. The panel did not find any of these to be present. ./Ms_Gemma_Beckett_Professional_conduct_panel_meeting_outcome.pdf:Whilst these behaviours include serious dishonesty and serious sexual misconduct, the ./Ms_Gemma_Beckett_Professional_conduct_panel_meeting_outcome.pdf-panel did not consider Ms Beckett's actions to be deemed 'serious' in these respects. Her ./Ms_Gemma_Beckett_Professional_conduct_panel_meeting_outcome.pdf:dishonest conduct was, effectively, one of omission / diversion and the sexual ./Ms_Gemma_Beckett_Professional_conduct_panel_meeting_outcome.pdf-misconduct was with an adult, albeit one who was a pupil (or had been a pupil in recent ./Ms_Gemma_Beckett_Professional_conduct_panel_meeting_outcome.pdf- ./Ms_Gemma_Beckett_Professional_conduct_panel_meeting_outcome.pdf- 13 ./Ms_Gemma_Beckett_Professional_conduct_panel_meeting_outcome.pdf- -- ./Ms_Gemma_Beckett_Professional_conduct_panel_meeting_outcome.pdf-explain how she allowed the events to develop. This was would have assisted the panel ./Ms_Gemma_Beckett_Professional_conduct_panel_meeting_outcome.pdf-in its consideration as, being mindful that Ms Beckett was a relatively newly qualified ./Ms_Gemma_Beckett_Professional_conduct_panel_meeting_outcome.pdf-teacher, she should have been more aware of the risks regarding teacher / pupil ./Ms_Gemma_Beckett_Professional_conduct_panel_meeting_outcome.pdf-relationships, by virtue of her training. ./Ms_Gemma_Beckett_Professional_conduct_panel_meeting_outcome.pdf- ./Ms_Gemma_Beckett_Professional_conduct_panel_meeting_outcome.pdf-Similarly, there was no material from Ms Beckett as to how she had reflected on her ./Ms_Gemma_Beckett_Professional_conduct_panel_meeting_outcome.pdf-actions to ensure similar incidents would not reoccur in the future, nor an indication of an ./Ms_Gemma_Beckett_Professional_conduct_panel_meeting_outcome.pdf-appreciation as to the effect her actions may have had on former colleagues, the College ./Ms_Gemma_Beckett_Professional_conduct_panel_meeting_outcome.pdf-or Pupil A (and her family). ./Ms_Gemma_Beckett_Professional_conduct_panel_meeting_outcome.pdf- ./Ms_Gemma_Beckett_Professional_conduct_panel_meeting_outcome.pdf:Dishonesty and acts of sexual motivation can only been considered as serious failings. ./Ms_Gemma_Beckett_Professional_conduct_panel_meeting_outcome.pdf-However, for the reasons above, the panel did not consider Ms Beckett's actions in these ./Ms_Gemma_Beckett_Professional_conduct_panel_meeting_outcome.pdf-respects to be at the most serious end of the spectrum. The panel did think that her ./Ms_Gemma_Beckett_Professional_conduct_panel_meeting_outcome.pdf-conduct was remediable, albeit only after some considerable reflection, which would ./Ms_Gemma_Beckett_Professional_conduct_panel_meeting_outcome.pdf-allow her to evidence the development she had made to her insight and strategies she ./Ms_Gemma_Beckett_Professional_conduct_panel_meeting_outcome.pdf-now has in place to minimise the risk of anything similar occurring in the future. ./Ms_Gemma_Beckett_Professional_conduct_panel_meeting_outcome.pdf- ./Ms_Gemma_Beckett_Professional_conduct_panel_meeting_outcome.pdf-The panel decided that the findings indicated a situation in which a review period would ./Ms_Gemma_Beckett_Professional_conduct_panel_meeting_outcome.pdf-be appropriate and, as such, decided that it would be proportionate in all the ./Ms_Gemma_Beckett_Professional_conduct_panel_meeting_outcome.pdf-circumstances for the prohibition order to be recommended with provisions for a review ./Ms_Gemma_Beckett_Professional_conduct_panel_meeting_outcome.pdf-period after 5 years. -- ./Ms_Gemma_Beckett_Professional_conduct_panel_meeting_outcome.pdf-her abilities as an educator and she would be able to make some contribution to the ./Ms_Gemma_Beckett_Professional_conduct_panel_meeting_outcome.pdf-profession”. A prohibition order would prevent Ms Beckett from teaching. A prohibition ./Ms_Gemma_Beckett_Professional_conduct_panel_meeting_outcome.pdf-order would also clearly deprive the public of her contribution to the profession for the ./Ms_Gemma_Beckett_Professional_conduct_panel_meeting_outcome.pdf-period that it is in force. ./Ms_Gemma_Beckett_Professional_conduct_panel_meeting_outcome.pdf- ./Ms_Gemma_Beckett_Professional_conduct_panel_meeting_outcome.pdf-In this case, I have placed considerable weight on the panel’s comments “The conduct, ./Ms_Gemma_Beckett_Professional_conduct_panel_meeting_outcome.pdf:specifically entering into a sexual relationship and then failing to disclose its existence, ./Ms_Gemma_Beckett_Professional_conduct_panel_meeting_outcome.pdf-for a considerable period of time, was a significant factor in forming that opinion”. I have ./Ms_Gemma_Beckett_Professional_conduct_panel_meeting_outcome.pdf-given less weight in my consideration of sanction therefore, to the contribution that Ms ./Ms_Gemma_Beckett_Professional_conduct_panel_meeting_outcome.pdf-Beckett has made to the profession. In my view, it is necessary to impose a prohibition ./Ms_Gemma_Beckett_Professional_conduct_panel_meeting_outcome.pdf-order in order to maintain public confidence in the profession. A published decision, in ./Ms_Gemma_Beckett_Professional_conduct_panel_meeting_outcome.pdf-light of the circumstances in this case, that is not backed up by evidence of remorse or ./Ms_Gemma_Beckett_Professional_conduct_panel_meeting_outcome.pdf-insight, does not in my view satisfy the public interest requirement concerning public ./Ms_Gemma_Beckett_Professional_conduct_panel_meeting_outcome.pdf-confidence in the profession. ./Ms_Gemma_Beckett_Professional_conduct_panel_meeting_outcome.pdf- ./Ms_Gemma_Beckett_Professional_conduct_panel_meeting_outcome.pdf-For these reasons, I have concluded that a prohibition order is proportionate and in the ./Ms_Gemma_Beckett_Professional_conduct_panel_meeting_outcome.pdf-public interest in order to achieve the intended aims of a prohibition order. ./Ms_Gemma_Beckett_Professional_conduct_panel_meeting_outcome.pdf- ./Ms_Gemma_Beckett_Professional_conduct_panel_meeting_outcome.pdf-I have gone on to consider the matter of a review period. In this case, the panel has ./Ms_Gemma_Beckett_Professional_conduct_panel_meeting_outcome.pdf-recommended a 5 year review period. ./Ms_Gemma_Beckett_Professional_conduct_panel_meeting_outcome.pdf- ./Ms_Gemma_Beckett_Professional_conduct_panel_meeting_outcome.pdf:I have considered the panel’s comments “Dishonesty and acts of sexual motivation can ./Ms_Gemma_Beckett_Professional_conduct_panel_meeting_outcome.pdf-only been considered as serious failings. However, for the reasons above, the panel did ./Ms_Gemma_Beckett_Professional_conduct_panel_meeting_outcome.pdf-not consider Ms Beckett's actions in these respects to be at the most serious end of the ./Ms_Gemma_Beckett_Professional_conduct_panel_meeting_outcome.pdf-spectrum. The panel did think that her conduct was remediable, albeit only after some ./Ms_Gemma_Beckett_Professional_conduct_panel_meeting_outcome.pdf-considerable reflection, which would allow her to evidence the development she had ./Ms_Gemma_Beckett_Professional_conduct_panel_meeting_outcome.pdf-made to her insight and strategies she now has in place to minimise the risk of anything ./Ms_Gemma_Beckett_Professional_conduct_panel_meeting_outcome.pdf-similar occurring in the future. The panel has also said that “it would be proportionate in ./Ms_Gemma_Beckett_Professional_conduct_panel_meeting_outcome.pdf-all the circumstances for the prohibition order to be recommended with provisions for a ./Ms_Gemma_Beckett_Professional_conduct_panel_meeting_outcome.pdf-review period after 5 years”. ./Ms_Gemma_Beckett_Professional_conduct_panel_meeting_outcome.pdf- ./Ms_Gemma_Beckett_Professional_conduct_panel_meeting_outcome.pdf-I have considered whether a 5 year review period reflects the seriousness of the findings ./Ms_Sarai_Woollins__14920__-_Web_decision.pdf-During 2013, at the request of her Head of Department, Ms Woollins set up a twitter ./Ms_Sarai_Woollins__14920__-_Web_decision.pdf-account in her name. The NCTL say that a significant number of the tweets she made ./Ms_Sarai_Woollins__14920__-_Web_decision.pdf-from that account during June and July 2013 were inappropriate in their nature, in that ./Ms_Sarai_Woollins__14920__-_Web_decision.pdf:they were directed to Pupil A, were flirtatious, contained sexual innuendo, and were ./Ms_Sarai_Woollins__14920__-_Web_decision.pdf-overly-familiar. ./Ms_Sarai_Woollins__14920__-_Web_decision.pdf- ./Ms_Sarai_Woollins__14920__-_Web_decision.pdf-On or around 27 June 2013 the School Prom took place. At that event, there was a point ./Ms_Sarai_Woollins__14920__-_Web_decision.pdf-at which Pupil A and Ms Woollins exchanged garments, namely they swapped Ms ./Ms_Sarai_Woollins__14920__-_Web_decision.pdf-Woollins' cardigan and Pupil A's jacket. Furthermore, a posed photograph was taken by ./Ms_Sarai_Woollins__14920__-_Web_decision.pdf-the School photographer which shows Pupil A pretending to kiss Ms Woollins on the ./Ms_Sarai_Woollins__14920__-_Web_decision.pdf-cheek. ./Ms_Sarai_Woollins__14920__-_Web_decision.pdf- ./Ms_Sarai_Woollins__14920__-_Web_decision.pdf-Finally, there was an occasion on 27 May 2013 when Pupil A came to get his shirt signed ./Ms_Sarai_Woollins__14920__-_Web_decision.pdf-by Ms Woollins, as appears to have been something of an accepted School tradition. ./Ms_Sarai_Woollins__14920__-_Web_decision.pdf-After she had signed it he hugged her. ./Ms_Sarai_Woollins__14920__-_Web_decision.pdf- ./Ms_Sarai_Woollins__14920__-_Web_decision.pdf-The NCTL say that the tweeting, the exchange of garments, engaging in the photograph ./Ms_Sarai_Woollins__14920__-_Web_decision.pdf-and allowing Pupil A to hug her before he went on study leave amounted to a failure to ./Ms_Sarai_Woollins__14920__-_Web_decision.pdf-maintain professional boundaries by Ms Woollins. Furthermore, the NCTL say that there ./Ms_Sarai_Woollins__14920__-_Web_decision.pdf-was a general erosion of those boundaries, with Ms Woollins and Pupil A becoming more ./Ms_Sarai_Woollins__14920__-_Web_decision.pdf-akin to friends than being in a professional teacher/pupil relationship. It is when looked at ./Ms_Sarai_Woollins__14920__-_Web_decision.pdf-in that context, that the NCTL say that the additional Maths tuition that Ms Woollins was ./Ms_Sarai_Woollins__14920__-_Web_decision.pdf-providing was so improper as to amount to unacceptable professional conduct and/or ./Ms_Sarai_Woollins__14920__-_Web_decision.pdf-conduct which may bring the profession into disrepute. However, the NCTL made clear ./Ms_Sarai_Woollins__14920__-_Web_decision.pdf:that it does not suggest any sexual motivation on the part of Ms Woollins or any element ./Ms_Sarai_Woollins__14920__-_Web_decision.pdf-of 'grooming'. ./Ms_Sarai_Woollins__14920__-_Web_decision.pdf- ./Ms_Sarai_Woollins__14920__-_Web_decision.pdf-Findings of fact ./Ms_Sarai_Woollins__14920__-_Web_decision.pdf-Our findings of fact are as follows: ./Ms_Sarai_Woollins__14920__-_Web_decision.pdf- ./Ms_Sarai_Woollins__14920__-_Web_decision.pdf-The panel has found the following particulars of the allegations against you proven, for ./Ms_Sarai_Woollins__14920__-_Web_decision.pdf-these reasons: ./Ms_Sarai_Woollins__14920__-_Web_decision.pdf- ./Ms_Sarai_Woollins__14920__-_Web_decision.pdf-1. Failed to maintain proper professional boundaries with Pupil A in that you: ./Ms_Sarai_Woollins__14920__-_Web_decision.pdf- ./Ms_Sarai_Woollins__14920__-_Web_decision.pdf- a. Engaged in inappropriate communications with Pupil A using twitter; ./Ms_Sarai_Woollins__14920__-_Web_decision.pdf- ./Ms_Sarai_Woollins__14920__-_Web_decision.pdf-There is no dispute that the tweets which the panel have been provided with were made ./Ms_Sarai_Woollins__14920__-_Web_decision.pdf-by Ms Woollins and that some of them are inappropriate. All of the tweets before the ./Ms_Sarai_Woollins__14920__-_Web_decision.pdf-panel were made publically and not by way of private messaging. The panel considered ./Ms_Sarai_Woollins__14920__-_Web_decision.pdf-that those tweets which form the subject matter of the Agreed Statement of Facts made ./Ms_Sarai_Woollins__14920__-_Web_decision.pdf:by Ms Woollins are inappropriate. Many of them are overly-familiar and contain sexual ./Ms_Sarai_Woollins__14920__-_Web_decision.pdf-innuendo. Those tweets were clearly aimed towards Pupil A, or at least, in the knowledge ./Ms_Sarai_Woollins__14920__-_Web_decision.pdf-that he may read them. There are a number of tweets back and forth between Pupil A ./Ms_Sarai_Woollins__14920__-_Web_decision.pdf-and Ms Woollins. It was incumbent on Ms Woollins to ensure that the relationship ./Ms_Sarai_Woollins__14920__-_Web_decision.pdf- ./Ms_Sarai_Woollins__14920__-_Web_decision.pdf- 6 ./Ms_Sarai_Woollins__14920__-_Web_decision.pdf- ./Nathan__Tuesday_-_13840_-_Web_decision.pdf- ./Nathan__Tuesday_-_13840_-_Web_decision.pdf- c. gave her a lift in her car without parental permission on at least one ./Nathan__Tuesday_-_13840_-_Web_decision.pdf- occasion; ./Nathan__Tuesday_-_13840_-_Web_decision.pdf- ./Nathan__Tuesday_-_13840_-_Web_decision.pdf- d. actively sought to maintain a mentoring relationship with her although she ./Nathan__Tuesday_-_13840_-_Web_decision.pdf- had no specific pastoral responsibilities; ./Nathan__Tuesday_-_13840_-_Web_decision.pdf- ./Nathan__Tuesday_-_13840_-_Web_decision.pdf- e. continued to engage inappropriately with her despite advice and warnings ./Nathan__Tuesday_-_13840_-_Web_decision.pdf- about this conduct; ./Nathan__Tuesday_-_13840_-_Web_decision.pdf- ./Nathan__Tuesday_-_13840_-_Web_decision.pdf: 2. in so doing at 1a to 1e above, her conduct was sexually motivated. ./Nathan__Tuesday_-_13840_-_Web_decision.pdf- ./Nathan__Tuesday_-_13840_-_Web_decision.pdf- 3. during the investigation into her conduct with Pupil A she denied making any ./Nathan__Tuesday_-_13840_-_Web_decision.pdf- contact with her via personal email, texts phone or social media although Pupil A’s ./Nathan__Tuesday_-_13840_-_Web_decision.pdf- itemised mobile telephone log detailed 34 occasions between September 2014 ./Nathan__Tuesday_-_13840_-_Web_decision.pdf- and February 2015 when her personal mobile number appeared; ./Nathan__Tuesday_-_13840_-_Web_decision.pdf- ./Nathan__Tuesday_-_13840_-_Web_decision.pdf- 4. in so doing 3, above, her conduct was dishonest. ./Nathan__Tuesday_-_13840_-_Web_decision.pdf- ./Nathan__Tuesday_-_13840_-_Web_decision.pdf-In the Statement of Agreed Facts, Ms Tuesday admits the facts of particular 1, 3 and 4 of ./Nathan__Tuesday_-_13840_-_Web_decision.pdf-the allegations. She does also admit that her conduct in relation to such allegations -- ./Nathan__Tuesday_-_13840_-_Web_decision.pdf-Nathan around the Academy after the line manager had provided the advice referred to ./Nathan__Tuesday_-_13840_-_Web_decision.pdf-above. The line manager considered that Ms Nathan had not heeded her advice ./Nathan__Tuesday_-_13840_-_Web_decision.pdf-satisfactorily. The presenting officer submitted that telephone contact between Pupil A ./Nathan__Tuesday_-_13840_-_Web_decision.pdf-and Ms Nathan continued around this period (as reflected by the telephone log), despite ./Nathan__Tuesday_-_13840_-_Web_decision.pdf-the warning about how her behaviour could be misinterpreted. ./Nathan__Tuesday_-_13840_-_Web_decision.pdf- ./Nathan__Tuesday_-_13840_-_Web_decision.pdf-Ms Nathan admits that she continued to speak to Pupil A on the phone and gave her a lift ./Nathan__Tuesday_-_13840_-_Web_decision.pdf-in her car after such advice had been given and such contact was inappropriate. The ./Nathan__Tuesday_-_13840_-_Web_decision.pdf-panel finds this allegation proven on the balance of probabilities. ./Nathan__Tuesday_-_13840_-_Web_decision.pdf- ./Nathan__Tuesday_-_13840_-_Web_decision.pdf: 2. in so doing at 1a to 1e above, your conduct was sexually motivated. ./Nathan__Tuesday_-_13840_-_Web_decision.pdf- ./Nathan__Tuesday_-_13840_-_Web_decision.pdf-Ms Nathan denies this particular of the allegations. ./Nathan__Tuesday_-_13840_-_Web_decision.pdf- ./Nathan__Tuesday_-_13840_-_Web_decision.pdf-The panel was advised by the legal advisor that the first question the panel needs to ask ./Nathan__Tuesday_-_13840_-_Web_decision.pdf-itself is whether reasonable persons would think the facts found proven against Ms ./Nathan__Tuesday_-_13840_-_Web_decision.pdf:Nathan could be motivated by sexual desire i.e. an objective test. If so, the panel would ./Nathan__Tuesday_-_13840_-_Web_decision.pdf-then need to go on to ask itself a second question: whether, in all the circumstances of ./Nathan__Tuesday_-_13840_-_Web_decision.pdf:the conduct in the case, Ms Nathan’s conduct or purpose towards Pupil A was sexually ./Nathan__Tuesday_-_13840_-_Web_decision.pdf-motivated, i.e. the subjective test. ./Nathan__Tuesday_-_13840_-_Web_decision.pdf- ./Nathan__Tuesday_-_13840_-_Web_decision.pdf:Witness A confirmed in her oral evidence that the Academy did not investigate sexual ./Nathan__Tuesday_-_13840_-_Web_decision.pdf-motivation as part of its disciplinary process as it considered that it was too difficult to ./Nathan__Tuesday_-_13840_-_Web_decision.pdf:prove that the motivation behind Ms Nathan’s behaviour was sexual. However, Witness A ./Nathan__Tuesday_-_13840_-_Web_decision.pdf-stated that the close physical contact between Pupil A and Ms Nathan with interlocking ./Nathan__Tuesday_-_13840_-_Web_decision.pdf-knees, location of the hug in the corner of a small room, the lifts by car, and the frequent ./Nathan__Tuesday_-_13840_-_Web_decision.pdf:telephone contact caused the Academy concern that such behaviour was sexually ./Nathan__Tuesday_-_13840_-_Web_decision.pdf-motivated. The panel noted that two character statements included in the bundle from ./Nathan__Tuesday_-_13840_-_Web_decision.pdf:NUT representatives suggest that little or no evidence of sexual misconduct was ./Nathan__Tuesday_-_13840_-_Web_decision.pdf-presented during the course of the Academy’s investigation. ./Nathan__Tuesday_-_13840_-_Web_decision.pdf- ./Nathan__Tuesday_-_13840_-_Web_decision.pdf-The panel considered that the records of interviews included in the bundle demonstrate ./Nathan__Tuesday_-_13840_-_Web_decision.pdf-Ms Nathan assertively stating that whilst her conduct was inappropriate it was not ./Nathan__Tuesday_-_13840_-_Web_decision.pdf:sexually motivated. Witness A stated in oral evidence that she found that during the ./Nathan__Tuesday_-_13840_-_Web_decision.pdf-Academy’s investigation, Ms Nathan was vociferous in her criticism around the ./Nathan__Tuesday_-_13840_-_Web_decision.pdf-disciplinary process undertaken by the Academy and the credibility of witnesses. Witness ./Nathan__Tuesday_-_13840_-_Web_decision.pdf-A considered this approach to be an attempt to deflect the investigation. Ms Nathan was ./Nathan__Tuesday_-_13840_-_Web_decision.pdf-evasive about the extent of her contact with Pupil A, and the Academy considered that ./Nathan__Tuesday_-_13840_-_Web_decision.pdf-she was not being truthful. She would not volunteer information and would only answer ./Nathan__Tuesday_-_13840_-_Web_decision.pdf-specific direct questions asked of her. ./Nathan__Tuesday_-_13840_-_Web_decision.pdf- ./Nathan__Tuesday_-_13840_-_Web_decision.pdf- ./Nathan__Tuesday_-_13840_-_Web_decision.pdf- ./Nathan__Tuesday_-_13840_-_Web_decision.pdf- 12 -- ./Nathan__Tuesday_-_13840_-_Web_decision.pdf-also relevant. ./Nathan__Tuesday_-_13840_-_Web_decision.pdf- ./Nathan__Tuesday_-_13840_-_Web_decision.pdf-Witness A considers that Ms Nathan had multiple opportunities to tell the Academy about ./Nathan__Tuesday_-_13840_-_Web_decision.pdf-the nature of her contact with Pupil A prior to and during the investigation. Witness A ./Nathan__Tuesday_-_13840_-_Web_decision.pdf-indicated that the Academy believed that Pupil A was infatuated with Ms Nathan. ./Nathan__Tuesday_-_13840_-_Web_decision.pdf- ./Nathan__Tuesday_-_13840_-_Web_decision.pdf-Witness A was present during the majority of the Academy’s investigation interviews and ./Nathan__Tuesday_-_13840_-_Web_decision.pdf-she was questioned by the panel in respect of issues raised by Ms Nathan (as reflected ./Nathan__Tuesday_-_13840_-_Web_decision.pdf-in the documents). The panel found Witness A to be credible. ./Nathan__Tuesday_-_13840_-_Web_decision.pdf- ./Nathan__Tuesday_-_13840_-_Web_decision.pdf:The panel considered that the objective test for sexual motivation was met. A reasonable ./Nathan__Tuesday_-_13840_-_Web_decision.pdf-person would believe that the conduct found proven in relation to each of particulars 1(a) ./Nathan__Tuesday_-_13840_-_Web_decision.pdf:to 1(e) of the allegations was sexually motivated. Particularly, as Ms Nathan was not ./Nathan__Tuesday_-_13840_-_Web_decision.pdf-mentoring another pupil in a similar way. ./Nathan__Tuesday_-_13840_-_Web_decision.pdf- ./Nathan__Tuesday_-_13840_-_Web_decision.pdf-The panel also considered that, subjectively, Ms Nathan’s behaviour in relation to those ./Nathan__Tuesday_-_13840_-_Web_decision.pdf:same particulars of the allegations was sexually motivated. Ms Nathan was dismissive of ./Nathan__Tuesday_-_13840_-_Web_decision.pdf-the Academy’s safeguarding procedure and she did not heed the advice that she had ./Nathan__Tuesday_-_13840_-_Web_decision.pdf-received from her line manager which followed the inappropriate physical contacts ./Nathan__Tuesday_-_13840_-_Web_decision.pdf-between Pupil A and Ms Nathan. She also continued the relationship with Pupil A in a ./Nathan__Tuesday_-_13840_-_Web_decision.pdf-secretive manner and was evasive during the Academy’s investigation about the level of ./Nathan__Tuesday_-_13840_-_Web_decision.pdf-contact she had had with Pupil A. The panel noted that Ms Nathan had only given Pupil A ./Nathan__Tuesday_-_13840_-_Web_decision.pdf-her mobile telephone number and not any other pupils. The fact that Pupil A’s mother ./Nathan__Tuesday_-_13840_-_Web_decision.pdf-was not aware of the informal mentoring arrangement in Year 12 is further suggestive ./Nathan__Tuesday_-_13840_-_Web_decision.pdf-that Ms Nathan wished to conduct this relationship in a secretive manner. This, in the ./Nathan__Tuesday_-_13840_-_Web_decision.pdf-panel’s view, meant the subjective test was met. ./Nathan__Tuesday_-_13840_-_Web_decision.pdf- -- ./Nathan__Tuesday_-_13840_-_Web_decision.pdf-measure, and whether it is in the public interest to do so. Prohibition orders should not be ./Nathan__Tuesday_-_13840_-_Web_decision.pdf-given in order to be punitive, or to show that blame has been apportioned, although they ./Nathan__Tuesday_-_13840_-_Web_decision.pdf-are likely to have punitive effect. ./Nathan__Tuesday_-_13840_-_Web_decision.pdf- ./Nathan__Tuesday_-_13840_-_Web_decision.pdf-The panel has considered the particular public interest considerations set out in the ./Nathan__Tuesday_-_13840_-_Web_decision.pdf-Advice and having done so has found a number of them to be relevant in this case, ./Nathan__Tuesday_-_13840_-_Web_decision.pdf-namely: the protection of pupils, the maintenance of public confidence in the profession ./Nathan__Tuesday_-_13840_-_Web_decision.pdf-and declaring and upholding proper standards of conduct. ./Nathan__Tuesday_-_13840_-_Web_decision.pdf- ./Nathan__Tuesday_-_13840_-_Web_decision.pdf-In light of the panel’s findings against Ms Nathan, which involved inappropriate and ./Nathan__Tuesday_-_13840_-_Web_decision.pdf:sexually motivated conduct towards Pupil A, there is a strong public interest ./Nathan__Tuesday_-_13840_-_Web_decision.pdf-consideration in respect of the protection of pupils. ./Nathan__Tuesday_-_13840_-_Web_decision.pdf- ./Nathan__Tuesday_-_13840_-_Web_decision.pdf-Similarly, the panel considers that public confidence in the profession could be seriously ./Nathan__Tuesday_-_13840_-_Web_decision.pdf-weakened if conduct such as that found against Ms Nathan were not treated with the ./Nathan__Tuesday_-_13840_-_Web_decision.pdf-utmost seriousness when regulating the conduct of the profession. ./Nathan__Tuesday_-_13840_-_Web_decision.pdf- ./Nathan__Tuesday_-_13840_-_Web_decision.pdf-The panel considered that a strong public interest consideration in declaring proper ./Nathan__Tuesday_-_13840_-_Web_decision.pdf-standards of conduct in the profession was also present as the conduct found against Ms ./Nathan__Tuesday_-_13840_-_Web_decision.pdf-Nathan was outside that which could reasonably be tolerated. ./Nathan__Tuesday_-_13840_-_Web_decision.pdf- -- ./Nathan__Tuesday_-_13840_-_Web_decision.pdf-order may be appropriate if certain behaviours of a teacher have been proven. In the list ./Nathan__Tuesday_-_13840_-_Web_decision.pdf-of such behaviours, those that are relevant in this case are: ./Nathan__Tuesday_-_13840_-_Web_decision.pdf- ./Nathan__Tuesday_-_13840_-_Web_decision.pdf-  serious departure from the personal and professional conduct elements of the ./Nathan__Tuesday_-_13840_-_Web_decision.pdf- Teachers’ Standards; ./Nathan__Tuesday_-_13840_-_Web_decision.pdf-  abuse of position or trust (particularly involving vulnerable pupils) or violation of the ./Nathan__Tuesday_-_13840_-_Web_decision.pdf- rights of pupils; ./Nathan__Tuesday_-_13840_-_Web_decision.pdf-  dishonesty especially where there have been serious consequences, and/or it has ./Nathan__Tuesday_-_13840_-_Web_decision.pdf- been repeated and/or covered up; ./Nathan__Tuesday_-_13840_-_Web_decision.pdf:  sexual misconduct, eg involving actions that were sexually motivated or of a ./Nathan__Tuesday_-_13840_-_Web_decision.pdf: sexual nature and/or that use or exploit the trust, knowledge or influence derived ./Nathan__Tuesday_-_13840_-_Web_decision.pdf- from the individual’s professional position; ./Nathan__Tuesday_-_13840_-_Web_decision.pdf-Even though there were behaviours that would point to a prohibition order being ./Nathan__Tuesday_-_13840_-_Web_decision.pdf-appropriate, the panel went on to consider whether or not there were sufficient mitigating ./Nathan__Tuesday_-_13840_-_Web_decision.pdf-factors to mitigate against a prohibition order being an appropriate and proportionate ./Nathan__Tuesday_-_13840_-_Web_decision.pdf-measure to impose, particularly taking into account the nature and severity of the ./Nathan__Tuesday_-_13840_-_Web_decision.pdf-behaviour in this case. In light of the panel’s findings, the panel considered that Ms ./Nathan__Tuesday_-_13840_-_Web_decision.pdf-Nathan’s behaviours were deliberate and the panel could find no evidence that she was ./Nathan__Tuesday_-_13840_-_Web_decision.pdf-acting under duress. ./Nathan__Tuesday_-_13840_-_Web_decision.pdf- ./Nathan__Tuesday_-_13840_-_Web_decision.pdf-Further, in her written representations, Ms Nathan suggests that during her suspension -- ./Nathan__Tuesday_-_13840_-_Web_decision.pdf- ./Nathan__Tuesday_-_13840_-_Web_decision.pdf-The panel went on to consider whether or not it would be appropriate for them to decide ./Nathan__Tuesday_-_13840_-_Web_decision.pdf-to recommend that a review period of the order should be considered. The panel was ./Nathan__Tuesday_-_13840_-_Web_decision.pdf-mindful that the Advice advises that a prohibition order applies for life, but there may be ./Nathan__Tuesday_-_13840_-_Web_decision.pdf-circumstances in any given case that may make it appropriate to allow a teacher to apply ./Nathan__Tuesday_-_13840_-_Web_decision.pdf-to have the prohibition order reviewed after a specified period of time that may not be ./Nathan__Tuesday_-_13840_-_Web_decision.pdf-less than 2 years. ./Nathan__Tuesday_-_13840_-_Web_decision.pdf- ./Nathan__Tuesday_-_13840_-_Web_decision.pdf-The Advice indicates that there are behaviours that, if proven, would militate against a ./Nathan__Tuesday_-_13840_-_Web_decision.pdf-review period being recommended. It is arguable that Ms Nathan’s behaviours included ./Nathan__Tuesday_-_13840_-_Web_decision.pdf:serious dishonesty and serious sexual misconduct. The panel has found that Ms Nathan ./Nathan__Tuesday_-_13840_-_Web_decision.pdf-has been responsible for conducting an inappropriate relationship with Pupil A and that ./Nathan__Tuesday_-_13840_-_Web_decision.pdf-Ms Nathan acted dishonestly in denying continuing telephone contact with Pupil A in the ./Nathan__Tuesday_-_13840_-_Web_decision.pdf-course of the Academy’s investigation. However, the panel considered that Ms Nathan’s ./Nathan__Tuesday_-_13840_-_Web_decision.pdf-behaviour, on the whole, was at the less serious end of the possible spectrum. ./Nathan__Tuesday_-_13840_-_Web_decision.pdf-Accordingly, the panel considered that a recommendation for a prohibition order without ./Nathan__Tuesday_-_13840_-_Web_decision.pdf-a review period would be disproportionate in this case and this would not be in the public ./Nathan__Tuesday_-_13840_-_Web_decision.pdf-interest, particularly due to the high regard both pupils and colleagues had for Ms ./Nathan__Tuesday_-_13840_-_Web_decision.pdf-Nathan’s teaching ability. ./Nathan__Tuesday_-_13840_-_Web_decision.pdf- ./Nathan__Tuesday_-_13840_-_Web_decision.pdf-The panel were mindful that Witness A’s oral evidence was that Ms Nathan was -- ./Nathan__Tuesday_-_13840_-_Web_decision.pdf-panel both in respect of sanction and review. ./Nathan__Tuesday_-_13840_-_Web_decision.pdf- ./Nathan__Tuesday_-_13840_-_Web_decision.pdf-The panel have made findings of fact and found all allegations proven. The panel has ./Nathan__Tuesday_-_13840_-_Web_decision.pdf-also found unacceptable professional conduct and conduct that may bring the profession ./Nathan__Tuesday_-_13840_-_Web_decision.pdf-into disrepute. ./Nathan__Tuesday_-_13840_-_Web_decision.pdf- ./Nathan__Tuesday_-_13840_-_Web_decision.pdf-The panel is satisfied that the conduct of Ms Nathan involved breaches of the Teachers’ ./Nathan__Tuesday_-_13840_-_Web_decision.pdf-Standards. ./Nathan__Tuesday_-_13840_-_Web_decision.pdf- ./Nathan__Tuesday_-_13840_-_Web_decision.pdf-There is a strong public interest consideration in respect of the protection of pupils, in the ./Nathan__Tuesday_-_13840_-_Web_decision.pdf:light of the panel’s findings against Ms Nathan, which involved inappropriate and sexually ./Nathan__Tuesday_-_13840_-_Web_decision.pdf-motivated conduct towards Pupil A. ./Nathan__Tuesday_-_13840_-_Web_decision.pdf- ./Nathan__Tuesday_-_13840_-_Web_decision.pdf-I agree with the panel that public confidence in the profession could be seriously ./Nathan__Tuesday_-_13840_-_Web_decision.pdf-weakened if conduct such as that found against Ms Nathan were not treated with the ./Nathan__Tuesday_-_13840_-_Web_decision.pdf-utmost seriousness when regulating the conduct of the profession. ./Nathan__Tuesday_-_13840_-_Web_decision.pdf- ./Nathan__Tuesday_-_13840_-_Web_decision.pdf-I have taken into account the need to balance the public interest with the interests of the ./Nathan__Tuesday_-_13840_-_Web_decision.pdf-Ms Nathan. I have also taken into account the need to be proportionate. I have read and ./Nathan__Tuesday_-_13840_-_Web_decision.pdf-taken into account the guidance published by the Secretary of State. ./Nathan__Tuesday_-_13840_-_Web_decision.pdf- ./Nazam_Khan_and_Kaur_Web_decision (1).pdf- the period January to October 2015, including but not limited to: ./Nazam_Khan_and_Kaur_Web_decision (1).pdf- ./Nazam_Khan_and_Kaur_Web_decision (1).pdf- a. Giving him her personal contact details, ./Nazam_Khan_and_Kaur_Web_decision (1).pdf- ./Nazam_Khan_and_Kaur_Web_decision (1).pdf- b. Inviting him to her home and/or allowing him to attend her home, ./Nazam_Khan_and_Kaur_Web_decision (1).pdf- ./Nazam_Khan_and_Kaur_Web_decision (1).pdf- c. Communicating with him via telephone and/or mobile phone apps and/or ./Nazam_Khan_and_Kaur_Web_decision (1).pdf- social media and/or in person, ./Nazam_Khan_and_Kaur_Web_decision (1).pdf- ./Nazam_Khan_and_Kaur_Web_decision (1).pdf- d. Sending communications (via the methods described at 1(c) above) which ./Nazam_Khan_and_Kaur_Web_decision (1).pdf: included matters of a personal nature and/or sexual nature, ./Nazam_Khan_and_Kaur_Web_decision (1).pdf- ./Nazam_Khan_and_Kaur_Web_decision (1).pdf: e. Sending him explicit photographs including of a sexual nature, ./Nazam_Khan_and_Kaur_Web_decision (1).pdf- ./Nazam_Khan_and_Kaur_Web_decision (1).pdf- f. Taking him to restaurants and/or buying him meals, ./Nazam_Khan_and_Kaur_Web_decision (1).pdf- ./Nazam_Khan_and_Kaur_Web_decision (1).pdf- g. Buying him gifts including a Hugo Boss watch and/or a concert ticket, ./Nazam_Khan_and_Kaur_Web_decision (1).pdf- ./Nazam_Khan_and_Kaur_Web_decision (1).pdf- h. Taking him to hotel rooms, ./Nazam_Khan_and_Kaur_Web_decision (1).pdf- ./Nazam_Khan_and_Kaur_Web_decision (1).pdf: i. Engaging in a sexual relationship with him, including having sexual ./Nazam_Khan_and_Kaur_Web_decision (1).pdf- intercourse; ./Nazam_Khan_and_Kaur_Web_decision (1).pdf- ./Nazam_Khan_and_Kaur_Web_decision (1).pdf: 2. Her actions set out at 1 above were sexually motivated; ./Nazam_Khan_and_Kaur_Web_decision (1).pdf- ./Nazam_Khan_and_Kaur_Web_decision (1).pdf- 3. On 11 October 2015, she told Pupil A not to discuss the relationship with anyone, ./Nazam_Khan_and_Kaur_Web_decision (1).pdf- or words to that effect; ./Nazam_Khan_and_Kaur_Web_decision (1).pdf- ./Nazam_Khan_and_Kaur_Web_decision (1).pdf- 4. On a date or dates unknown she attempted to interfere with the School’s ./Nazam_Khan_and_Kaur_Web_decision (1).pdf- disciplinary investigation into her relationship with Pupil A. ./Nazam_Khan_and_Kaur_Web_decision (1).pdf- ./Nazam_Khan_and_Kaur_Web_decision (1).pdf-In the Statement of Agreed Facts signed on 5 January 2017, Mrs Nazam-Khan admitted ./Nazam_Khan_and_Kaur_Web_decision (1).pdf-the facts of allegations 1.a., 1.b., 1.c., 1.d., 1.e., 1.h., 1.i., 2 and 3 and that they amounted ./Nazam_Khan_and_Kaur_Web_decision (1).pdf-to unacceptable professional conduct and conduct that may bring the profession into -- ./Nazam_Khan_and_Kaur_Web_decision (1).pdf-It is alleged that around 20 October 2015, Ms Kaur sent a copy of the minutes from the ./Nazam_Khan_and_Kaur_Web_decision (1).pdf-investigation meeting to Mrs Nazam-Khan. ./Nazam_Khan_and_Kaur_Web_decision (1).pdf- ./Nazam_Khan_and_Kaur_Web_decision (1).pdf-Furthermore, sometime in November 2015, Ms Kaur failed to act on a safeguarding ./Nazam_Khan_and_Kaur_Web_decision (1).pdf-concern reported to her by Pupil A, namely, that he had engaged in a relationship with ./Nazam_Khan_and_Kaur_Web_decision (1).pdf-Mrs Nazam-Khan. This concern was reported during the course of a further meeting on ./Nazam_Khan_and_Kaur_Web_decision (1).pdf-10 December 2015. ./Nazam_Khan_and_Kaur_Web_decision (1).pdf- ./Nazam_Khan_and_Kaur_Web_decision (1).pdf-During an interview on 10 December 2015, Mrs Nazam-Khan denied an inappropriate ./Nazam_Khan_and_Kaur_Web_decision (1).pdf-relationship with Pupil A. She later notified the School via her union representative that ./Nazam_Khan_and_Kaur_Web_decision (1).pdf:she had been in a sexual relationship with Pupil A and at a disciplinary meeting held on 9 ./Nazam_Khan_and_Kaur_Web_decision (1).pdf-March 2015, she admitted to having an inappropriate relationship with Pupil A. ./Nazam_Khan_and_Kaur_Web_decision (1).pdf- ./Nazam_Khan_and_Kaur_Web_decision (1).pdf-Mrs Nazam-Khan ceased her employment at the School on 9 March 2016 and Ms Kaur ./Nazam_Khan_and_Kaur_Web_decision (1).pdf-ceased her employment on 30 March 2016. ./Nazam_Khan_and_Kaur_Web_decision (1).pdf- ./Nazam_Khan_and_Kaur_Web_decision (1).pdf-Findings of fact for Mrs Amena Nazam-Khan ./Nazam_Khan_and_Kaur_Web_decision (1).pdf-Our findings of fact in respect of Mrs Amena Nazam-Khan are as follows: ./Nazam_Khan_and_Kaur_Web_decision (1).pdf- ./Nazam_Khan_and_Kaur_Web_decision (1).pdf-We have found the following allegations against you proven, for these reasons: ./Nazam_Khan_and_Kaur_Web_decision (1).pdf- -- ./Nazam_Khan_and_Kaur_Web_decision (1).pdf- during the period January to October 2015, including but not limited to: ./Nazam_Khan_and_Kaur_Web_decision (1).pdf- ./Nazam_Khan_and_Kaur_Web_decision (1).pdf- a. Giving him your personal contact details, ./Nazam_Khan_and_Kaur_Web_decision (1).pdf- ./Nazam_Khan_and_Kaur_Web_decision (1).pdf- b. Inviting him to your home and/or allowing him to attend your home, ./Nazam_Khan_and_Kaur_Web_decision (1).pdf- ./Nazam_Khan_and_Kaur_Web_decision (1).pdf- c. Communicating with him via telephone and/or mobile phone apps ./Nazam_Khan_and_Kaur_Web_decision (1).pdf- and/or social media and/or in person, ./Nazam_Khan_and_Kaur_Web_decision (1).pdf- ./Nazam_Khan_and_Kaur_Web_decision (1).pdf- d. Sending communications (via the methods described at 1(c) above) ./Nazam_Khan_and_Kaur_Web_decision (1).pdf: which included matters of a personal nature and/or sexual nature, ./Nazam_Khan_and_Kaur_Web_decision (1).pdf- ./Nazam_Khan_and_Kaur_Web_decision (1).pdf: e. Sending him explicit photographs including of a sexual nature, ./Nazam_Khan_and_Kaur_Web_decision (1).pdf- ./Nazam_Khan_and_Kaur_Web_decision (1).pdf- h. Taking him to hotel rooms, ./Nazam_Khan_and_Kaur_Web_decision (1).pdf- ./Nazam_Khan_and_Kaur_Web_decision (1).pdf: i. Engaging in a sexual relationship with him, including having sexual ./Nazam_Khan_and_Kaur_Web_decision (1).pdf- intercourse; ./Nazam_Khan_and_Kaur_Web_decision (1).pdf- ./Nazam_Khan_and_Kaur_Web_decision (1).pdf-The facts of this allegation have been admitted by Mrs Nazam-Khan in the Statement of ./Nazam_Khan_and_Kaur_Web_decision (1).pdf-Agreed Facts signed on 5 January 2017 and in her witness statement. ./Nazam_Khan_and_Kaur_Web_decision (1).pdf- ./Nazam_Khan_and_Kaur_Web_decision (1).pdf-In addition, the panel considered the “Line Chat” messages exchanged between Mrs ./Nazam_Khan_and_Kaur_Web_decision (1).pdf-Nazam-Khan and Pupil A between 8 October 2015 to 23 October 2015. Mrs Nazam- ./Nazam_Khan_and_Kaur_Web_decision (1).pdf- ./Nazam_Khan_and_Kaur_Web_decision (1).pdf- ./Nazam_Khan_and_Kaur_Web_decision (1).pdf- 9 -- ./Nazam_Khan_and_Kaur_Web_decision (1).pdf-Khan confirmed that Pupil A was messaging under the username “The A Team” and she ./Nazam_Khan_and_Kaur_Web_decision (1).pdf-was messaging under the username “Baby”. It was evident from these messages that: ./Nazam_Khan_and_Kaur_Web_decision (1).pdf- ./Nazam_Khan_and_Kaur_Web_decision (1).pdf-  Mrs Nazam-Khan invited Pupil A to her home and allowed him to enter; ./Nazam_Khan_and_Kaur_Web_decision (1).pdf:  Mrs Nazam-Khan discussed matters of a personal and sexual nature, including ./Nazam_Khan_and_Kaur_Web_decision (1).pdf- sending him explicit pictures of herself; ./Nazam_Khan_and_Kaur_Web_decision (1).pdf-  there was a discussion about visiting and/or staying in hotel rooms; ./Nazam_Khan_and_Kaur_Web_decision (1).pdf:  Mrs Nazam-Khan engaged in a sexual relationship with Pupil A, which included ./Nazam_Khan_and_Kaur_Web_decision (1).pdf: having sexual intercourse. ./Nazam_Khan_and_Kaur_Web_decision (1).pdf-It follows that Mrs Nazam-Khan must have exchanged personal contact details with Pupil ./Nazam_Khan_and_Kaur_Web_decision (1).pdf-A in order for such communication to have taken place. Furthermore, it was clear from ./Nazam_Khan_and_Kaur_Web_decision (1).pdf-the evidence in the hearing bundle that they had communicated via telephone, “Line ./Nazam_Khan_and_Kaur_Web_decision (1).pdf-Chat” (a mobile phone app), Facebook messages (social media) and in person. The ./Nazam_Khan_and_Kaur_Web_decision (1).pdf-panel also had regard to the explicit photographs adduced in the hearing bundle of Mrs ./Nazam_Khan_and_Kaur_Web_decision (1).pdf-Nazam-Khan which she sent to Pupil A. ./Nazam_Khan_and_Kaur_Web_decision (1).pdf- ./Nazam_Khan_and_Kaur_Web_decision (1).pdf-The panel noted the School’s ICT procedure which provided that, “Staff should never ./Nazam_Khan_and_Kaur_Web_decision (1).pdf-have on-line relationships with students … This includes ‘friending’ students on sites ./Nazam_Khan_and_Kaur_Web_decision (1).pdf-such as Facebook”. The panel also had regard to the material circulated following the -- ./Nazam_Khan_and_Kaur_Web_decision (1).pdf-relationship between Mrs Nazam-Khan and Pupil A arose as a result of their contact at ./Nazam_Khan_and_Kaur_Web_decision (1).pdf-the School and therefore could be categorised as a pupil/teacher relationship. ./Nazam_Khan_and_Kaur_Web_decision (1).pdf- ./Nazam_Khan_and_Kaur_Web_decision (1).pdf-The panel considered all of the evidence, and on the balance of probabilities the panel ./Nazam_Khan_and_Kaur_Web_decision (1).pdf-found that Mrs Nazam-Khan was more likely than not to have undertaken the actions ./Nazam_Khan_and_Kaur_Web_decision (1).pdf-outlined in this allegation. Having regard to appropriate teacher/pupil relationship and the ./Nazam_Khan_and_Kaur_Web_decision (1).pdf-relevant policies, the panel concluded that Mrs Nazam-Khan’s actions amounted to a ./Nazam_Khan_and_Kaur_Web_decision (1).pdf-failure to maintain appropriate professional standards and appropriate professional ./Nazam_Khan_and_Kaur_Web_decision (1).pdf-boundaries. Consequently, the panel find this allegation to be proved. ./Nazam_Khan_and_Kaur_Web_decision (1).pdf- ./Nazam_Khan_and_Kaur_Web_decision (1).pdf: 2. Your actions set out at 1 above were sexually motivated; ./Nazam_Khan_and_Kaur_Web_decision (1).pdf- ./Nazam_Khan_and_Kaur_Web_decision (1).pdf-As the panel found allegation 1.a. to 1.e., 1.h. and 1.i. to be proved, the panel went on to ./Nazam_Khan_and_Kaur_Web_decision (1).pdf:consider the two stage test for sexual motivation – firstly, whether on the balance of ./Nazam_Khan_and_Kaur_Web_decision (1).pdf:probabilities a reasonable person would think the actions could be sexual and secondly ./Nazam_Khan_and_Kaur_Web_decision (1).pdf-whether, in all the circumstances of the conduct in the case, it was more likely than not ./Nazam_Khan_and_Kaur_Web_decision (1).pdf:that the teacher’s purpose in such actions was sexual. ./Nazam_Khan_and_Kaur_Web_decision (1).pdf- ./Nazam_Khan_and_Kaur_Web_decision (1).pdf- ./Nazam_Khan_and_Kaur_Web_decision (1).pdf- ./Nazam_Khan_and_Kaur_Web_decision (1).pdf- 10 ./Nazam_Khan_and_Kaur_Web_decision (1).pdf- -- ./Nazam_Khan_and_Kaur_Web_decision (1).pdf-In the Statement of Agreed Facts signed on 5 January 2017 and in her witness ./Nazam_Khan_and_Kaur_Web_decision (1).pdf:statement, Mrs Nazam-Khan accepted that her actions were sexually motivated. ./Nazam_Khan_and_Kaur_Web_decision (1).pdf- ./Nazam_Khan_and_Kaur_Web_decision (1).pdf-The panel noted that the facts of the allegations found proven against Mrs Nazam-Khan, ./Nazam_Khan_and_Kaur_Web_decision (1).pdf-included, but were not limited to, the following inappropriate words and actions: ./Nazam_Khan_and_Kaur_Web_decision (1).pdf- ./Nazam_Khan_and_Kaur_Web_decision (1).pdf:  sending several inappropriate messages to Pupil A, which were plainly of a sexual ./Nazam_Khan_and_Kaur_Web_decision (1).pdf- nature; ./Nazam_Khan_and_Kaur_Web_decision (1).pdf-  sending Pupil A explicit photographs; and; ./Nazam_Khan_and_Kaur_Web_decision (1).pdf:  engaging in a sexual relationship with Pupil A. ./Nazam_Khan_and_Kaur_Web_decision (1).pdf-Upon consideration of the evidence, the panel was satisfied that Mrs Nazam-Khan’s ./Nazam_Khan_and_Kaur_Web_decision (1).pdf:words and actions would be viewed by a reasonable person as sexual. In reaching its ./Nazam_Khan_and_Kaur_Web_decision (1).pdf-decision, the panel noted that the very nature of her actions (for instance, engaging in a ./Nazam_Khan_and_Kaur_Web_decision (1).pdf:sexual relationship) and the very nature of the words (for instance, sending indecent ./Nazam_Khan_and_Kaur_Web_decision (1).pdf-messages) would suffice to satisfy this element of the test. ./Nazam_Khan_and_Kaur_Web_decision (1).pdf- ./Nazam_Khan_and_Kaur_Web_decision (1).pdf-Turning to the second limb, whether in all the circumstances of the conduct of the case, ./Nazam_Khan_and_Kaur_Web_decision (1).pdf:the purpose of such actions was sexual on Mrs Nazam-Khan’s part. The panel was ./Nazam_Khan_and_Kaur_Web_decision (1).pdf-satisfied, in the absence of any other reasonable explanation and as a result of the ./Nazam_Khan_and_Kaur_Web_decision (1).pdf:proven facts, that Mrs Nazam-Khan’s intention behind these actions was indeed sexual. ./Nazam_Khan_and_Kaur_Web_decision (1).pdf-Therefore, the panel found this allegation to be proved. ./Nazam_Khan_and_Kaur_Web_decision (1).pdf- ./Nazam_Khan_and_Kaur_Web_decision (1).pdf- 3. On 11 October 2015, you told Pupil A not to discuss the relationship with ./Nazam_Khan_and_Kaur_Web_decision (1).pdf- anyone, or words to that effect; ./Nazam_Khan_and_Kaur_Web_decision (1).pdf- ./Nazam_Khan_and_Kaur_Web_decision (1).pdf-The facts of this allegation have been admitted by Mrs Nazam-Khan in the Statement of ./Nazam_Khan_and_Kaur_Web_decision (1).pdf-Agreed Facts signed on 5 January 2017 and in her witness statement. ./Nazam_Khan_and_Kaur_Web_decision (1).pdf- ./Nazam_Khan_and_Kaur_Web_decision (1).pdf-The panel considered the “Line Chat” messages exchanged between Mrs Nazam-Khan ./Nazam_Khan_and_Kaur_Web_decision (1).pdf-and Pupil A, where, on 11 October 2015, Mrs Nazam-Khan stated, “From now you will -- ./Nazam_Khan_and_Kaur_Web_decision (1).pdf- professional position; and ./Nazam_Khan_and_Kaur_Web_decision (1).pdf- o having regard for the need to safeguard pupils’ well-being, in accordance with ./Nazam_Khan_and_Kaur_Web_decision (1).pdf- statutory provisions. ./Nazam_Khan_and_Kaur_Web_decision (1).pdf-  Teachers must have proper and professional regard for the ethos, policies and ./Nazam_Khan_and_Kaur_Web_decision (1).pdf- practices of the school in which they teach... ./Nazam_Khan_and_Kaur_Web_decision (1).pdf-  Teachers must have an understanding of, and always act within, the statutory ./Nazam_Khan_and_Kaur_Web_decision (1).pdf- frameworks which set out their professional duties and responsibilities. ./Nazam_Khan_and_Kaur_Web_decision (1).pdf-The panel was satisfied that the conduct of Mrs Nazam-Khan fell significantly short of the ./Nazam_Khan_and_Kaur_Web_decision (1).pdf-standards expected of the profession. Having established contact with Pupil A outside of ./Nazam_Khan_and_Kaur_Web_decision (1).pdf-the school environment, Mrs Nazam-Khan pursued a close and personal relationship with ./Nazam_Khan_and_Kaur_Web_decision (1).pdf:the pupil culminating in a sexual relationship. Furthermore, she sought to conceal her ./Nazam_Khan_and_Kaur_Web_decision (1).pdf-actions from the School and interfere with the School’s disciplinary investigation. ./Nazam_Khan_and_Kaur_Web_decision (1).pdf- ./Nazam_Khan_and_Kaur_Web_decision (1).pdf-The panel also considered whether Mrs Nazam-Khan’s conduct displayed behaviours ./Nazam_Khan_and_Kaur_Web_decision (1).pdf-associated with any of the offences listed on pages 8 and 9 of the Advice and the panel ./Nazam_Khan_and_Kaur_Web_decision (1).pdf:found that the offence of sexual activity was relevant given its findings in relation to ./Nazam_Khan_and_Kaur_Web_decision (1).pdf-allegation 2. The Advice indicated that where behaviours associated with such an offence ./Nazam_Khan_and_Kaur_Web_decision (1).pdf-exist, a panel is likely to conclude that an individual’s conduct would amount to ./Nazam_Khan_and_Kaur_Web_decision (1).pdf-unacceptable professional conduct. ./Nazam_Khan_and_Kaur_Web_decision (1).pdf- ./Nazam_Khan_and_Kaur_Web_decision (1).pdf-The panel noted that a number of the allegations took place outside of the education ./Nazam_Khan_and_Kaur_Web_decision (1).pdf-setting; in such circumstances misconduct will only amount to unacceptable professional ./Nazam_Khan_and_Kaur_Web_decision (1).pdf-conduct if it affects the way the person fulfils their teaching role or may lead to pupils ./Nazam_Khan_and_Kaur_Web_decision (1).pdf-being exposed to, or influenced by, the behaviour in a harmful way. The panel noted that ./Nazam_Khan_and_Kaur_Web_decision (1).pdf-the facts surrounding the allegations were not said to have impacted the manner in which ./Nazam_Khan_and_Kaur_Web_decision (1).pdf-Mrs Nazam-Khan fulfilled her role as a teacher. However, there is clear evidence from -- ./Nazam_Khan_and_Kaur_Web_decision (1).pdf-prohibition order may be appropriate if certain behaviours of a teacher have been proven. ./Nazam_Khan_and_Kaur_Web_decision (1).pdf-In the list of such behaviours, those that are relevant in this case are: ./Nazam_Khan_and_Kaur_Web_decision (1).pdf- ./Nazam_Khan_and_Kaur_Web_decision (1).pdf-  serious departure from the personal and professional conduct elements of the ./Nazam_Khan_and_Kaur_Web_decision (1).pdf- Teachers’ Standards; ./Nazam_Khan_and_Kaur_Web_decision (1).pdf-  misconduct seriously affecting the education and/or well-being of pupils, and ./Nazam_Khan_and_Kaur_Web_decision (1).pdf- particularly where there is a continuing risk; ./Nazam_Khan_and_Kaur_Web_decision (1).pdf-  a deep-seated attitude that leads to harmful behaviour; ./Nazam_Khan_and_Kaur_Web_decision (1).pdf-  abuse of position or trust (particularly involving vulnerable pupils) or violation of the ./Nazam_Khan_and_Kaur_Web_decision (1).pdf- rights of pupils; and ./Nazam_Khan_and_Kaur_Web_decision (1).pdf:  sexual misconduct, e.g. involving actions that were sexually motivated or of a ./Nazam_Khan_and_Kaur_Web_decision (1).pdf: sexual nature and/or that use or exploit the trust, knowledge or influence derived ./Nazam_Khan_and_Kaur_Web_decision (1).pdf- from the individual’s professional position. ./Nazam_Khan_and_Kaur_Web_decision (1).pdf-Even though there were behaviours that would point to a prohibition order being ./Nazam_Khan_and_Kaur_Web_decision (1).pdf-appropriate, the panel went on to consider whether or not there were sufficient mitigating ./Nazam_Khan_and_Kaur_Web_decision (1).pdf-factors to militate against a prohibition order being an appropriate and proportionate ./Nazam_Khan_and_Kaur_Web_decision (1).pdf-measure to impose, particularly taking into account the nature and severity of the ./Nazam_Khan_and_Kaur_Web_decision (1).pdf-behaviour in this case. ./Nazam_Khan_and_Kaur_Web_decision (1).pdf- ./Nazam_Khan_and_Kaur_Web_decision (1).pdf-Given the nature of the behaviour, the panel held that Mrs Nazam-Khan’s actions were ./Nazam_Khan_and_Kaur_Web_decision (1).pdf-deliberate and had seen no evidence to suggest that she was acting under duress. In fact ./Nazam_Khan_and_Kaur_Web_decision (1).pdf-the panel considered that her conduct was conscious and calculated. The panel noted -- ./Nazam_Khan_and_Kaur_Web_decision (1).pdf-effect. ./Nazam_Khan_and_Kaur_Web_decision (1).pdf- ./Nazam_Khan_and_Kaur_Web_decision (1).pdf-The panel went on to consider whether or not it would be appropriate to decide to ./Nazam_Khan_and_Kaur_Web_decision (1).pdf-recommend that a review period of the order should be considered. The panel was ./Nazam_Khan_and_Kaur_Web_decision (1).pdf-mindful that the Advice advises that a prohibition order applies for life, but there may be ./Nazam_Khan_and_Kaur_Web_decision (1).pdf-circumstances in any given case that may make it appropriate to allow a teacher to apply ./Nazam_Khan_and_Kaur_Web_decision (1).pdf-to have the prohibition order reviewed after a specified period of time that may not be ./Nazam_Khan_and_Kaur_Web_decision (1).pdf-less than 2 years. ./Nazam_Khan_and_Kaur_Web_decision (1).pdf- ./Nazam_Khan_and_Kaur_Web_decision (1).pdf-The Advice indicated that there are behaviours that, if proven, would militate against a ./Nazam_Khan_and_Kaur_Web_decision (1).pdf:review period being recommended. One of these behaviours includes serious sexual ./Nazam_Khan_and_Kaur_Web_decision (1).pdf:misconduct, e.g. where the act was sexually motivated and resulted in or had the ./Nazam_Khan_and_Kaur_Web_decision (1).pdf-potential to result in, harm to a person or persons, particularly where the individual has ./Nazam_Khan_and_Kaur_Web_decision (1).pdf-used their professional position to influence or exploit a person. The panel found that Mrs ./Nazam_Khan_and_Kaur_Web_decision (1).pdf:Nazam-Khan engaged in a sexual relationship with Pupil A, such actions being sexually ./Nazam_Khan_and_Kaur_Web_decision (1).pdf-motivated. The relationship spanned several months. Furthermore, the panel noted the ./Nazam_Khan_and_Kaur_Web_decision (1).pdf-detrimental impact upon Pupil A arising as a result of Mrs Nazam-Khan’s actions. ./Nazam_Khan_and_Kaur_Web_decision (1).pdf-Furthermore, the panel do not consider that Mrs Nazam-Khan has shown any remorse ./Nazam_Khan_and_Kaur_Web_decision (1).pdf-for her actions and the impact upon the pupil; her remorse is largely for the impact upon ./Nazam_Khan_and_Kaur_Web_decision (1).pdf-her family and herself. ./Nazam_Khan_and_Kaur_Web_decision (1).pdf- ./Nazam_Khan_and_Kaur_Web_decision (1).pdf-Consequently, the panel felt the findings indicated a situation in which a review period ./Nazam_Khan_and_Kaur_Web_decision (1).pdf-would not be appropriate and as such decided that it would be proportionate in all the ./Nazam_Khan_and_Kaur_Web_decision (1).pdf-circumstances for the prohibition order to be recommended without provisions for a ./Nazam_Khan_and_Kaur_Web_decision (1).pdf-review period. -- ./Nazam_Khan_and_Kaur_Web_decision (1).pdf- professional position; and ./Nazam_Khan_and_Kaur_Web_decision (1).pdf- o having regard for the need to safeguard pupils’ well-being, in accordance with ./Nazam_Khan_and_Kaur_Web_decision (1).pdf- statutory provisions. ./Nazam_Khan_and_Kaur_Web_decision (1).pdf-  Teachers must have proper and professional regard for the ethos, policies and ./Nazam_Khan_and_Kaur_Web_decision (1).pdf- practices of the school in which they teach... ./Nazam_Khan_and_Kaur_Web_decision (1).pdf-  Teachers must have an understanding of, and always act within, the statutory ./Nazam_Khan_and_Kaur_Web_decision (1).pdf- frameworks which set out their professional duties and responsibilities. ./Nazam_Khan_and_Kaur_Web_decision (1).pdf-The panel was also satisfied that the conduct of Mrs Nazam-Khan fell significantly short ./Nazam_Khan_and_Kaur_Web_decision (1).pdf-of the standards expected of the profession. Having established contact with Pupil A ./Nazam_Khan_and_Kaur_Web_decision (1).pdf-outside of the school environment, Mrs Nazam-Khan pursued a close and personal ./Nazam_Khan_and_Kaur_Web_decision (1).pdf:relationship with the pupil culminating in a sexual relationship. Furthermore, she sought ./Nazam_Khan_and_Kaur_Web_decision (1).pdf-to conceal her actions from the School and interfere with the School’s disciplinary ./Nazam_Khan_and_Kaur_Web_decision (1).pdf-investigation. ./Nazam_Khan_and_Kaur_Web_decision (1).pdf- ./Nazam_Khan_and_Kaur_Web_decision (1).pdf-The panel also considered whether Mrs Nazam-Khan’s conduct displayed behaviours ./Nazam_Khan_and_Kaur_Web_decision (1).pdf-associated with any of the offences listed on pages 8 and 9 of the Advice and the panel ./Nazam_Khan_and_Kaur_Web_decision (1).pdf:found that the offence of sexual activity was relevant given its findings in relation to ./Nazam_Khan_and_Kaur_Web_decision (1).pdf-allegation 2. ./Nazam_Khan_and_Kaur_Web_decision (1).pdf- ./Nazam_Khan_and_Kaur_Web_decision (1).pdf-I have to determine whether the imposition of a prohibition order is proportionate and in ./Nazam_Khan_and_Kaur_Web_decision (1).pdf-the public interest. In considering that for this case I have considered the overall aim of a ./Nazam_Khan_and_Kaur_Web_decision (1).pdf-prohibition order which is both to protect pupils and to maintain public confidence in the ./Nazam_Khan_and_Kaur_Web_decision (1).pdf-profession. I have considered the extent to which a prohibition order in this case would ./Nazam_Khan_and_Kaur_Web_decision (1).pdf-achieve that aim taking into account the impact that it will have on the individual teacher. ./Nazam_Khan_and_Kaur_Web_decision (1).pdf-I have also asked myself whether or not a less intrusive measure, such as the published ./Nazam_Khan_and_Kaur_Web_decision (1).pdf-finding of unacceptable professional conduct and conduct that may bring the profession ./Nazam_Khan_and_Kaur_Web_decision (1).pdf-into disrepute, would itself be sufficient to achieve the overall aim. I have to consider -- ./Nazam_Khan_and_Kaur_Web_decision (1).pdf- ./Nazam_Khan_and_Kaur_Web_decision (1).pdf-In my judgement the lack of insight means that there is some risk of the repetition of this ./Nazam_Khan_and_Kaur_Web_decision (1).pdf-behaviour and this risks future pupils’ well-being. I have therefore given this element ./Nazam_Khan_and_Kaur_Web_decision (1).pdf-considerable weight in reaching my decision. ./Nazam_Khan_and_Kaur_Web_decision (1).pdf- ./Nazam_Khan_and_Kaur_Web_decision (1).pdf-I have gone on to consider the extent to which a prohibition order would maintain public ./Nazam_Khan_and_Kaur_Web_decision (1).pdf-confidence in the profession. The panel observe, “a strong public interest consideration in ./Nazam_Khan_and_Kaur_Web_decision (1).pdf-respect of the protection of pupils given the serious findings of an inappropriate ./Nazam_Khan_and_Kaur_Web_decision (1).pdf-relationship with Pupil A.” ./Nazam_Khan_and_Kaur_Web_decision (1).pdf- ./Nazam_Khan_and_Kaur_Web_decision (1).pdf:I am particularly mindful of the finding of sexual misconduct in this case and the impact ./Nazam_Khan_and_Kaur_Web_decision (1).pdf-that such a finding has on the reputation of the profession. ./Nazam_Khan_and_Kaur_Web_decision (1).pdf- ./Nazam_Khan_and_Kaur_Web_decision (1).pdf-I have had to consider that the public has a high expectation of professional standards of ./Nazam_Khan_and_Kaur_Web_decision (1).pdf-all teachers and that failure to impose a prohibition order might be regarded by the public ./Nazam_Khan_and_Kaur_Web_decision (1).pdf-as a failure to uphold those high standards. In weighing these considerations I have had ./Nazam_Khan_and_Kaur_Web_decision (1).pdf-to consider the matter from the point of view of an “ordinary intelligent and well-informed ./Nazam_Khan_and_Kaur_Web_decision (1).pdf-citizen.” ./Nazam_Khan_and_Kaur_Web_decision (1).pdf- ./Nazam_Khan_and_Kaur_Web_decision (1).pdf-I have considered whether the publication of a finding of unacceptable professional ./Nazam_Khan_and_Kaur_Web_decision (1).pdf-conduct, in the absence of a prohibition order, can itself be regarded by such a person as -- ./Nazam_Khan_and_Kaur_Web_decision (1).pdf- ./Nazam_Khan_and_Kaur_Web_decision (1).pdf-I have also considered the impact of a prohibition order on Mrs Nazam-Khan herself. ./Nazam_Khan_and_Kaur_Web_decision (1).pdf-The panel has commented on her exemplary record. ./Nazam_Khan_and_Kaur_Web_decision (1).pdf- ./Nazam_Khan_and_Kaur_Web_decision (1).pdf-A prohibition order would prevent Mrs Nazam-Khan from continuing to teach and would ./Nazam_Khan_and_Kaur_Web_decision (1).pdf-deny the public of her contribution to the profession for the period that it is in force. ./Nazam_Khan_and_Kaur_Web_decision (1).pdf- ./Nazam_Khan_and_Kaur_Web_decision (1).pdf-In this case I have placed considerable weight on the panel’s comments concerning the ./Nazam_Khan_and_Kaur_Web_decision (1).pdf-lack of insight or remorse and the deliberate nature of the behaviour. The panel has said, ./Nazam_Khan_and_Kaur_Web_decision (1).pdf-“Mrs Nazam-Khan pursued a close and personal relationship with the pupil culminating in ./Nazam_Khan_and_Kaur_Web_decision (1).pdf:a sexual relationship. Furthermore, she sought to conceal her actions from the School ./Nazam_Khan_and_Kaur_Web_decision (1).pdf-and interfere with the School’s disciplinary investigation.” ./Nazam_Khan_and_Kaur_Web_decision (1).pdf- ./Nazam_Khan_and_Kaur_Web_decision (1).pdf-I have also placed considerable weight on the finding of the panel that Mrs Nazam- ./Nazam_Khan_and_Kaur_Web_decision (1).pdf-Khan’s behaviour had a detrimental impact on Pupil A. The panel says that the “nature of ./Nazam_Khan_and_Kaur_Web_decision (1).pdf-relationship and the detrimental impact upon Pupil A was a significant factor in forming ./Nazam_Khan_and_Kaur_Web_decision (1).pdf-that opinion.” ./Nazam_Khan_and_Kaur_Web_decision (1).pdf- ./Nazam_Khan_and_Kaur_Web_decision (1).pdf-I have given less weight in my consideration of sanction therefore, to the contribution that ./Nazam_Khan_and_Kaur_Web_decision (1).pdf-Mrs Nazam-Khan has made to the profession. In my view it is necessary to impose a ./Nazam_Khan_and_Kaur_Web_decision (1).pdf-prohibition order in order to maintain public confidence in the profession. A published -- ./Nazam_Khan_and_Kaur_Web_decision (1).pdf-proportionate and in the public interest. ./Nazam_Khan_and_Kaur_Web_decision (1).pdf- ./Nazam_Khan_and_Kaur_Web_decision (1).pdf-For these reasons I have concluded that a prohibition order is necessary. ./Nazam_Khan_and_Kaur_Web_decision (1).pdf- ./Nazam_Khan_and_Kaur_Web_decision (1).pdf-I have gone on to consider the matter of a review period. In this case the panel has ./Nazam_Khan_and_Kaur_Web_decision (1).pdf-recommended that there should be no review period. ./Nazam_Khan_and_Kaur_Web_decision (1).pdf- ./Nazam_Khan_and_Kaur_Web_decision (1).pdf-I have considered the panel’s comments and I have also taken into account the ./Nazam_Khan_and_Kaur_Web_decision (1).pdf-published guidance. ./Nazam_Khan_and_Kaur_Web_decision (1).pdf- ./Nazam_Khan_and_Kaur_Web_decision (1).pdf:The panel has found “that Mrs Nazam-Khan engaged in a sexual relationship with Pupil ./Nazam_Khan_and_Kaur_Web_decision (1).pdf:A, such actions being sexually motivated. The relationship spanned several months. ./Nazam_Khan_and_Kaur_Web_decision (1).pdf-Furthermore, the panel noted the detrimental impact upon Pupil A arising as a result of ./Nazam_Khan_and_Kaur_Web_decision (1).pdf-Mrs Nazam-Khan’s actions. Furthermore, the panel do not consider that Mrs Nazam- ./Nazam_Khan_and_Kaur_Web_decision (1).pdf-Khan has shown any remorse for her actions and the impact upon the pupil; her remorse ./Nazam_Khan_and_Kaur_Web_decision (1).pdf-is largely for the impact upon her family and herself.” ./Nazam_Khan_and_Kaur_Web_decision (1).pdf- ./Nazam_Khan_and_Kaur_Web_decision (1).pdf-I have considered whether a prohibition with no review period reflects the seriousness of ./Nazam_Khan_and_Kaur_Web_decision (1).pdf-the findings and is proportionate. In this case, there are three factors that in my view ./Nazam_Khan_and_Kaur_Web_decision (1).pdf-mean that a prohibition with no review period is not sufficient to achieve the aim of ./Nazam_Khan_and_Kaur_Web_decision (1).pdf:maintaining public confidence in the profession. These elements are the sexual ./Nazam_Khan_and_Kaur_Web_decision (1).pdf-misconduct found, the lack of either insight or remorse, and the adverse impact on Pupil ./Nazam_Khan_and_Kaur_Web_decision (1).pdf-A. ./Nazam_Khan_and_Kaur_Web_decision (1).pdf- ./Nazam_Khan_and_Kaur_Web_decision (1).pdf-I consider therefore that a prohibition order with no review period is required to satisfy the ./Nazam_Khan_and_Kaur_Web_decision (1).pdf-maintenance of public confidence in the profession. ./Nazam_Khan_and_Kaur_Web_decision (1).pdf- ./Nazam_Khan_and_Kaur_Web_decision (1).pdf-This means that Mrs Amena Nazam-Khan is prohibited from teaching indefinitely ./Nazam_Khan_and_Kaur_Web_decision (1).pdf-and cannot teach in any school, sixth form college, relevant youth accommodation ./Nazam_Khan_and_Kaur_Web_decision (1).pdf-or children’s home in England. Furthermore, in view of the seriousness of the ./Nazam_Khan_and_Kaur_Web_decision (1).pdf-allegations found proved against her, I have decided that Mrs Amena-Khan shall not be ./Nazam_Khan_and_Kaur_Web_decision.pdf- the period January to October 2015, including but not limited to: ./Nazam_Khan_and_Kaur_Web_decision.pdf- ./Nazam_Khan_and_Kaur_Web_decision.pdf- a. Giving him her personal contact details, ./Nazam_Khan_and_Kaur_Web_decision.pdf- ./Nazam_Khan_and_Kaur_Web_decision.pdf- b. Inviting him to her home and/or allowing him to attend her home, ./Nazam_Khan_and_Kaur_Web_decision.pdf- ./Nazam_Khan_and_Kaur_Web_decision.pdf- c. Communicating with him via telephone and/or mobile phone apps and/or ./Nazam_Khan_and_Kaur_Web_decision.pdf- social media and/or in person, ./Nazam_Khan_and_Kaur_Web_decision.pdf- ./Nazam_Khan_and_Kaur_Web_decision.pdf- d. Sending communications (via the methods described at 1(c) above) which ./Nazam_Khan_and_Kaur_Web_decision.pdf: included matters of a personal nature and/or sexual nature, ./Nazam_Khan_and_Kaur_Web_decision.pdf- ./Nazam_Khan_and_Kaur_Web_decision.pdf: e. Sending him explicit photographs including of a sexual nature, ./Nazam_Khan_and_Kaur_Web_decision.pdf- ./Nazam_Khan_and_Kaur_Web_decision.pdf- f. Taking him to restaurants and/or buying him meals, ./Nazam_Khan_and_Kaur_Web_decision.pdf- ./Nazam_Khan_and_Kaur_Web_decision.pdf- g. Buying him gifts including a Hugo Boss watch and/or a concert ticket, ./Nazam_Khan_and_Kaur_Web_decision.pdf- ./Nazam_Khan_and_Kaur_Web_decision.pdf- h. Taking him to hotel rooms, ./Nazam_Khan_and_Kaur_Web_decision.pdf- ./Nazam_Khan_and_Kaur_Web_decision.pdf: i. Engaging in a sexual relationship with him, including having sexual ./Nazam_Khan_and_Kaur_Web_decision.pdf- intercourse; ./Nazam_Khan_and_Kaur_Web_decision.pdf- ./Nazam_Khan_and_Kaur_Web_decision.pdf: 2. Her actions set out at 1 above were sexually motivated; ./Nazam_Khan_and_Kaur_Web_decision.pdf- ./Nazam_Khan_and_Kaur_Web_decision.pdf- 3. On 11 October 2015, she told Pupil A not to discuss the relationship with anyone, ./Nazam_Khan_and_Kaur_Web_decision.pdf- or words to that effect; ./Nazam_Khan_and_Kaur_Web_decision.pdf- ./Nazam_Khan_and_Kaur_Web_decision.pdf- 4. On a date or dates unknown she attempted to interfere with the School’s ./Nazam_Khan_and_Kaur_Web_decision.pdf- disciplinary investigation into her relationship with Pupil A. ./Nazam_Khan_and_Kaur_Web_decision.pdf- ./Nazam_Khan_and_Kaur_Web_decision.pdf-In the Statement of Agreed Facts signed on 5 January 2017, Mrs Nazam-Khan admitted ./Nazam_Khan_and_Kaur_Web_decision.pdf-the facts of allegations 1.a., 1.b., 1.c., 1.d., 1.e., 1.h., 1.i., 2 and 3 and that they amounted ./Nazam_Khan_and_Kaur_Web_decision.pdf-to unacceptable professional conduct and conduct that may bring the profession into -- ./Nazam_Khan_and_Kaur_Web_decision.pdf-It is alleged that around 20 October 2015, Ms Kaur sent a copy of the minutes from the ./Nazam_Khan_and_Kaur_Web_decision.pdf-investigation meeting to Mrs Nazam-Khan. ./Nazam_Khan_and_Kaur_Web_decision.pdf- ./Nazam_Khan_and_Kaur_Web_decision.pdf-Furthermore, sometime in November 2015, Ms Kaur failed to act on a safeguarding ./Nazam_Khan_and_Kaur_Web_decision.pdf-concern reported to her by Pupil A, namely, that he had engaged in a relationship with ./Nazam_Khan_and_Kaur_Web_decision.pdf-Mrs Nazam-Khan. This concern was reported during the course of a further meeting on ./Nazam_Khan_and_Kaur_Web_decision.pdf-10 December 2015. ./Nazam_Khan_and_Kaur_Web_decision.pdf- ./Nazam_Khan_and_Kaur_Web_decision.pdf-During an interview on 10 December 2015, Mrs Nazam-Khan denied an inappropriate ./Nazam_Khan_and_Kaur_Web_decision.pdf-relationship with Pupil A. She later notified the School via her union representative that ./Nazam_Khan_and_Kaur_Web_decision.pdf:she had been in a sexual relationship with Pupil A and at a disciplinary meeting held on 9 ./Nazam_Khan_and_Kaur_Web_decision.pdf-March 2015, she admitted to having an inappropriate relationship with Pupil A. ./Nazam_Khan_and_Kaur_Web_decision.pdf- ./Nazam_Khan_and_Kaur_Web_decision.pdf-Mrs Nazam-Khan ceased her employment at the School on 9 March 2016 and Ms Kaur ./Nazam_Khan_and_Kaur_Web_decision.pdf-ceased her employment on 30 March 2016. ./Nazam_Khan_and_Kaur_Web_decision.pdf- ./Nazam_Khan_and_Kaur_Web_decision.pdf-Findings of fact for Mrs Amena Nazam-Khan ./Nazam_Khan_and_Kaur_Web_decision.pdf-Our findings of fact in respect of Mrs Amena Nazam-Khan are as follows: ./Nazam_Khan_and_Kaur_Web_decision.pdf- ./Nazam_Khan_and_Kaur_Web_decision.pdf-We have found the following allegations against you proven, for these reasons: ./Nazam_Khan_and_Kaur_Web_decision.pdf- -- ./Nazam_Khan_and_Kaur_Web_decision.pdf- during the period January to October 2015, including but not limited to: ./Nazam_Khan_and_Kaur_Web_decision.pdf- ./Nazam_Khan_and_Kaur_Web_decision.pdf- a. Giving him your personal contact details, ./Nazam_Khan_and_Kaur_Web_decision.pdf- ./Nazam_Khan_and_Kaur_Web_decision.pdf- b. Inviting him to your home and/or allowing him to attend your home, ./Nazam_Khan_and_Kaur_Web_decision.pdf- ./Nazam_Khan_and_Kaur_Web_decision.pdf- c. Communicating with him via telephone and/or mobile phone apps ./Nazam_Khan_and_Kaur_Web_decision.pdf- and/or social media and/or in person, ./Nazam_Khan_and_Kaur_Web_decision.pdf- ./Nazam_Khan_and_Kaur_Web_decision.pdf- d. Sending communications (via the methods described at 1(c) above) ./Nazam_Khan_and_Kaur_Web_decision.pdf: which included matters of a personal nature and/or sexual nature, ./Nazam_Khan_and_Kaur_Web_decision.pdf- ./Nazam_Khan_and_Kaur_Web_decision.pdf: e. Sending him explicit photographs including of a sexual nature, ./Nazam_Khan_and_Kaur_Web_decision.pdf- ./Nazam_Khan_and_Kaur_Web_decision.pdf- h. Taking him to hotel rooms, ./Nazam_Khan_and_Kaur_Web_decision.pdf- ./Nazam_Khan_and_Kaur_Web_decision.pdf: i. Engaging in a sexual relationship with him, including having sexual ./Nazam_Khan_and_Kaur_Web_decision.pdf- intercourse; ./Nazam_Khan_and_Kaur_Web_decision.pdf- ./Nazam_Khan_and_Kaur_Web_decision.pdf-The facts of this allegation have been admitted by Mrs Nazam-Khan in the Statement of ./Nazam_Khan_and_Kaur_Web_decision.pdf-Agreed Facts signed on 5 January 2017 and in her witness statement. ./Nazam_Khan_and_Kaur_Web_decision.pdf- ./Nazam_Khan_and_Kaur_Web_decision.pdf-In addition, the panel considered the “Line Chat” messages exchanged between Mrs ./Nazam_Khan_and_Kaur_Web_decision.pdf-Nazam-Khan and Pupil A between 8 October 2015 to 23 October 2015. Mrs Nazam- ./Nazam_Khan_and_Kaur_Web_decision.pdf- ./Nazam_Khan_and_Kaur_Web_decision.pdf- ./Nazam_Khan_and_Kaur_Web_decision.pdf- 9 -- ./Nazam_Khan_and_Kaur_Web_decision.pdf-Khan confirmed that Pupil A was messaging under the username “The A Team” and she ./Nazam_Khan_and_Kaur_Web_decision.pdf-was messaging under the username “Baby”. It was evident from these messages that: ./Nazam_Khan_and_Kaur_Web_decision.pdf- ./Nazam_Khan_and_Kaur_Web_decision.pdf-  Mrs Nazam-Khan invited Pupil A to her home and allowed him to enter; ./Nazam_Khan_and_Kaur_Web_decision.pdf:  Mrs Nazam-Khan discussed matters of a personal and sexual nature, including ./Nazam_Khan_and_Kaur_Web_decision.pdf- sending him explicit pictures of herself; ./Nazam_Khan_and_Kaur_Web_decision.pdf-  there was a discussion about visiting and/or staying in hotel rooms; ./Nazam_Khan_and_Kaur_Web_decision.pdf:  Mrs Nazam-Khan engaged in a sexual relationship with Pupil A, which included ./Nazam_Khan_and_Kaur_Web_decision.pdf: having sexual intercourse. ./Nazam_Khan_and_Kaur_Web_decision.pdf-It follows that Mrs Nazam-Khan must have exchanged personal contact details with Pupil ./Nazam_Khan_and_Kaur_Web_decision.pdf-A in order for such communication to have taken place. Furthermore, it was clear from ./Nazam_Khan_and_Kaur_Web_decision.pdf-the evidence in the hearing bundle that they had communicated via telephone, “Line ./Nazam_Khan_and_Kaur_Web_decision.pdf-Chat” (a mobile phone app), Facebook messages (social media) and in person. The ./Nazam_Khan_and_Kaur_Web_decision.pdf-panel also had regard to the explicit photographs adduced in the hearing bundle of Mrs ./Nazam_Khan_and_Kaur_Web_decision.pdf-Nazam-Khan which she sent to Pupil A. ./Nazam_Khan_and_Kaur_Web_decision.pdf- ./Nazam_Khan_and_Kaur_Web_decision.pdf-The panel noted the School’s ICT procedure which provided that, “Staff should never ./Nazam_Khan_and_Kaur_Web_decision.pdf-have on-line relationships with students … This includes ‘friending’ students on sites ./Nazam_Khan_and_Kaur_Web_decision.pdf-such as Facebook”. The panel also had regard to the material circulated following the -- ./Nazam_Khan_and_Kaur_Web_decision.pdf-relationship between Mrs Nazam-Khan and Pupil A arose as a result of their contact at ./Nazam_Khan_and_Kaur_Web_decision.pdf-the School and therefore could be categorised as a pupil/teacher relationship. ./Nazam_Khan_and_Kaur_Web_decision.pdf- ./Nazam_Khan_and_Kaur_Web_decision.pdf-The panel considered all of the evidence, and on the balance of probabilities the panel ./Nazam_Khan_and_Kaur_Web_decision.pdf-found that Mrs Nazam-Khan was more likely than not to have undertaken the actions ./Nazam_Khan_and_Kaur_Web_decision.pdf-outlined in this allegation. Having regard to appropriate teacher/pupil relationship and the ./Nazam_Khan_and_Kaur_Web_decision.pdf-relevant policies, the panel concluded that Mrs Nazam-Khan’s actions amounted to a ./Nazam_Khan_and_Kaur_Web_decision.pdf-failure to maintain appropriate professional standards and appropriate professional ./Nazam_Khan_and_Kaur_Web_decision.pdf-boundaries. Consequently, the panel find this allegation to be proved. ./Nazam_Khan_and_Kaur_Web_decision.pdf- ./Nazam_Khan_and_Kaur_Web_decision.pdf: 2. Your actions set out at 1 above were sexually motivated; ./Nazam_Khan_and_Kaur_Web_decision.pdf- ./Nazam_Khan_and_Kaur_Web_decision.pdf-As the panel found allegation 1.a. to 1.e., 1.h. and 1.i. to be proved, the panel went on to ./Nazam_Khan_and_Kaur_Web_decision.pdf:consider the two stage test for sexual motivation – firstly, whether on the balance of ./Nazam_Khan_and_Kaur_Web_decision.pdf:probabilities a reasonable person would think the actions could be sexual and secondly ./Nazam_Khan_and_Kaur_Web_decision.pdf-whether, in all the circumstances of the conduct in the case, it was more likely than not ./Nazam_Khan_and_Kaur_Web_decision.pdf:that the teacher’s purpose in such actions was sexual. ./Nazam_Khan_and_Kaur_Web_decision.pdf- ./Nazam_Khan_and_Kaur_Web_decision.pdf- ./Nazam_Khan_and_Kaur_Web_decision.pdf- ./Nazam_Khan_and_Kaur_Web_decision.pdf- 10 ./Nazam_Khan_and_Kaur_Web_decision.pdf- -- ./Nazam_Khan_and_Kaur_Web_decision.pdf-In the Statement of Agreed Facts signed on 5 January 2017 and in her witness ./Nazam_Khan_and_Kaur_Web_decision.pdf:statement, Mrs Nazam-Khan accepted that her actions were sexually motivated. ./Nazam_Khan_and_Kaur_Web_decision.pdf- ./Nazam_Khan_and_Kaur_Web_decision.pdf-The panel noted that the facts of the allegations found proven against Mrs Nazam-Khan, ./Nazam_Khan_and_Kaur_Web_decision.pdf-included, but were not limited to, the following inappropriate words and actions: ./Nazam_Khan_and_Kaur_Web_decision.pdf- ./Nazam_Khan_and_Kaur_Web_decision.pdf:  sending several inappropriate messages to Pupil A, which were plainly of a sexual ./Nazam_Khan_and_Kaur_Web_decision.pdf- nature; ./Nazam_Khan_and_Kaur_Web_decision.pdf-  sending Pupil A explicit photographs; and; ./Nazam_Khan_and_Kaur_Web_decision.pdf:  engaging in a sexual relationship with Pupil A. ./Nazam_Khan_and_Kaur_Web_decision.pdf-Upon consideration of the evidence, the panel was satisfied that Mrs Nazam-Khan’s ./Nazam_Khan_and_Kaur_Web_decision.pdf:words and actions would be viewed by a reasonable person as sexual. In reaching its ./Nazam_Khan_and_Kaur_Web_decision.pdf-decision, the panel noted that the very nature of her actions (for instance, engaging in a ./Nazam_Khan_and_Kaur_Web_decision.pdf:sexual relationship) and the very nature of the words (for instance, sending indecent ./Nazam_Khan_and_Kaur_Web_decision.pdf-messages) would suffice to satisfy this element of the test. ./Nazam_Khan_and_Kaur_Web_decision.pdf- ./Nazam_Khan_and_Kaur_Web_decision.pdf-Turning to the second limb, whether in all the circumstances of the conduct of the case, ./Nazam_Khan_and_Kaur_Web_decision.pdf:the purpose of such actions was sexual on Mrs Nazam-Khan’s part. The panel was ./Nazam_Khan_and_Kaur_Web_decision.pdf-satisfied, in the absence of any other reasonable explanation and as a result of the ./Nazam_Khan_and_Kaur_Web_decision.pdf:proven facts, that Mrs Nazam-Khan’s intention behind these actions was indeed sexual. ./Nazam_Khan_and_Kaur_Web_decision.pdf-Therefore, the panel found this allegation to be proved. ./Nazam_Khan_and_Kaur_Web_decision.pdf- ./Nazam_Khan_and_Kaur_Web_decision.pdf- 3. On 11 October 2015, you told Pupil A not to discuss the relationship with ./Nazam_Khan_and_Kaur_Web_decision.pdf- anyone, or words to that effect; ./Nazam_Khan_and_Kaur_Web_decision.pdf- ./Nazam_Khan_and_Kaur_Web_decision.pdf-The facts of this allegation have been admitted by Mrs Nazam-Khan in the Statement of ./Nazam_Khan_and_Kaur_Web_decision.pdf-Agreed Facts signed on 5 January 2017 and in her witness statement. ./Nazam_Khan_and_Kaur_Web_decision.pdf- ./Nazam_Khan_and_Kaur_Web_decision.pdf-The panel considered the “Line Chat” messages exchanged between Mrs Nazam-Khan ./Nazam_Khan_and_Kaur_Web_decision.pdf-and Pupil A, where, on 11 October 2015, Mrs Nazam-Khan stated, “From now you will -- ./Nazam_Khan_and_Kaur_Web_decision.pdf- professional position; and ./Nazam_Khan_and_Kaur_Web_decision.pdf- o having regard for the need to safeguard pupils’ well-being, in accordance with ./Nazam_Khan_and_Kaur_Web_decision.pdf- statutory provisions. ./Nazam_Khan_and_Kaur_Web_decision.pdf-  Teachers must have proper and professional regard for the ethos, policies and ./Nazam_Khan_and_Kaur_Web_decision.pdf- practices of the school in which they teach... ./Nazam_Khan_and_Kaur_Web_decision.pdf-  Teachers must have an understanding of, and always act within, the statutory ./Nazam_Khan_and_Kaur_Web_decision.pdf- frameworks which set out their professional duties and responsibilities. ./Nazam_Khan_and_Kaur_Web_decision.pdf-The panel was satisfied that the conduct of Mrs Nazam-Khan fell significantly short of the ./Nazam_Khan_and_Kaur_Web_decision.pdf-standards expected of the profession. Having established contact with Pupil A outside of ./Nazam_Khan_and_Kaur_Web_decision.pdf-the school environment, Mrs Nazam-Khan pursued a close and personal relationship with ./Nazam_Khan_and_Kaur_Web_decision.pdf:the pupil culminating in a sexual relationship. Furthermore, she sought to conceal her ./Nazam_Khan_and_Kaur_Web_decision.pdf-actions from the School and interfere with the School’s disciplinary investigation. ./Nazam_Khan_and_Kaur_Web_decision.pdf- ./Nazam_Khan_and_Kaur_Web_decision.pdf-The panel also considered whether Mrs Nazam-Khan’s conduct displayed behaviours ./Nazam_Khan_and_Kaur_Web_decision.pdf-associated with any of the offences listed on pages 8 and 9 of the Advice and the panel ./Nazam_Khan_and_Kaur_Web_decision.pdf:found that the offence of sexual activity was relevant given its findings in relation to ./Nazam_Khan_and_Kaur_Web_decision.pdf-allegation 2. The Advice indicated that where behaviours associated with such an offence ./Nazam_Khan_and_Kaur_Web_decision.pdf-exist, a panel is likely to conclude that an individual’s conduct would amount to ./Nazam_Khan_and_Kaur_Web_decision.pdf-unacceptable professional conduct. ./Nazam_Khan_and_Kaur_Web_decision.pdf- ./Nazam_Khan_and_Kaur_Web_decision.pdf-The panel noted that a number of the allegations took place outside of the education ./Nazam_Khan_and_Kaur_Web_decision.pdf-setting; in such circumstances misconduct will only amount to unacceptable professional ./Nazam_Khan_and_Kaur_Web_decision.pdf-conduct if it affects the way the person fulfils their teaching role or may lead to pupils ./Nazam_Khan_and_Kaur_Web_decision.pdf-being exposed to, or influenced by, the behaviour in a harmful way. The panel noted that ./Nazam_Khan_and_Kaur_Web_decision.pdf-the facts surrounding the allegations were not said to have impacted the manner in which ./Nazam_Khan_and_Kaur_Web_decision.pdf-Mrs Nazam-Khan fulfilled her role as a teacher. However, there is clear evidence from -- ./Nazam_Khan_and_Kaur_Web_decision.pdf-prohibition order may be appropriate if certain behaviours of a teacher have been proven. ./Nazam_Khan_and_Kaur_Web_decision.pdf-In the list of such behaviours, those that are relevant in this case are: ./Nazam_Khan_and_Kaur_Web_decision.pdf- ./Nazam_Khan_and_Kaur_Web_decision.pdf-  serious departure from the personal and professional conduct elements of the ./Nazam_Khan_and_Kaur_Web_decision.pdf- Teachers’ Standards; ./Nazam_Khan_and_Kaur_Web_decision.pdf-  misconduct seriously affecting the education and/or well-being of pupils, and ./Nazam_Khan_and_Kaur_Web_decision.pdf- particularly where there is a continuing risk; ./Nazam_Khan_and_Kaur_Web_decision.pdf-  a deep-seated attitude that leads to harmful behaviour; ./Nazam_Khan_and_Kaur_Web_decision.pdf-  abuse of position or trust (particularly involving vulnerable pupils) or violation of the ./Nazam_Khan_and_Kaur_Web_decision.pdf- rights of pupils; and ./Nazam_Khan_and_Kaur_Web_decision.pdf:  sexual misconduct, e.g. involving actions that were sexually motivated or of a ./Nazam_Khan_and_Kaur_Web_decision.pdf: sexual nature and/or that use or exploit the trust, knowledge or influence derived ./Nazam_Khan_and_Kaur_Web_decision.pdf- from the individual’s professional position. ./Nazam_Khan_and_Kaur_Web_decision.pdf-Even though there were behaviours that would point to a prohibition order being ./Nazam_Khan_and_Kaur_Web_decision.pdf-appropriate, the panel went on to consider whether or not there were sufficient mitigating ./Nazam_Khan_and_Kaur_Web_decision.pdf-factors to militate against a prohibition order being an appropriate and proportionate ./Nazam_Khan_and_Kaur_Web_decision.pdf-measure to impose, particularly taking into account the nature and severity of the ./Nazam_Khan_and_Kaur_Web_decision.pdf-behaviour in this case. ./Nazam_Khan_and_Kaur_Web_decision.pdf- ./Nazam_Khan_and_Kaur_Web_decision.pdf-Given the nature of the behaviour, the panel held that Mrs Nazam-Khan’s actions were ./Nazam_Khan_and_Kaur_Web_decision.pdf-deliberate and had seen no evidence to suggest that she was acting under duress. In fact ./Nazam_Khan_and_Kaur_Web_decision.pdf-the panel considered that her conduct was conscious and calculated. The panel noted -- ./Nazam_Khan_and_Kaur_Web_decision.pdf-effect. ./Nazam_Khan_and_Kaur_Web_decision.pdf- ./Nazam_Khan_and_Kaur_Web_decision.pdf-The panel went on to consider whether or not it would be appropriate to decide to ./Nazam_Khan_and_Kaur_Web_decision.pdf-recommend that a review period of the order should be considered. The panel was ./Nazam_Khan_and_Kaur_Web_decision.pdf-mindful that the Advice advises that a prohibition order applies for life, but there may be ./Nazam_Khan_and_Kaur_Web_decision.pdf-circumstances in any given case that may make it appropriate to allow a teacher to apply ./Nazam_Khan_and_Kaur_Web_decision.pdf-to have the prohibition order reviewed after a specified period of time that may not be ./Nazam_Khan_and_Kaur_Web_decision.pdf-less than 2 years. ./Nazam_Khan_and_Kaur_Web_decision.pdf- ./Nazam_Khan_and_Kaur_Web_decision.pdf-The Advice indicated that there are behaviours that, if proven, would militate against a ./Nazam_Khan_and_Kaur_Web_decision.pdf:review period being recommended. One of these behaviours includes serious sexual ./Nazam_Khan_and_Kaur_Web_decision.pdf:misconduct, e.g. where the act was sexually motivated and resulted in or had the ./Nazam_Khan_and_Kaur_Web_decision.pdf-potential to result in, harm to a person or persons, particularly where the individual has ./Nazam_Khan_and_Kaur_Web_decision.pdf-used their professional position to influence or exploit a person. The panel found that Mrs ./Nazam_Khan_and_Kaur_Web_decision.pdf:Nazam-Khan engaged in a sexual relationship with Pupil A, such actions being sexually ./Nazam_Khan_and_Kaur_Web_decision.pdf-motivated. The relationship spanned several months. Furthermore, the panel noted the ./Nazam_Khan_and_Kaur_Web_decision.pdf-detrimental impact upon Pupil A arising as a result of Mrs Nazam-Khan’s actions. ./Nazam_Khan_and_Kaur_Web_decision.pdf-Furthermore, the panel do not consider that Mrs Nazam-Khan has shown any remorse ./Nazam_Khan_and_Kaur_Web_decision.pdf-for her actions and the impact upon the pupil; her remorse is largely for the impact upon ./Nazam_Khan_and_Kaur_Web_decision.pdf-her family and herself. ./Nazam_Khan_and_Kaur_Web_decision.pdf- ./Nazam_Khan_and_Kaur_Web_decision.pdf-Consequently, the panel felt the findings indicated a situation in which a review period ./Nazam_Khan_and_Kaur_Web_decision.pdf-would not be appropriate and as such decided that it would be proportionate in all the ./Nazam_Khan_and_Kaur_Web_decision.pdf-circumstances for the prohibition order to be recommended without provisions for a ./Nazam_Khan_and_Kaur_Web_decision.pdf-review period. -- ./Nazam_Khan_and_Kaur_Web_decision.pdf- professional position; and ./Nazam_Khan_and_Kaur_Web_decision.pdf- o having regard for the need to safeguard pupils’ well-being, in accordance with ./Nazam_Khan_and_Kaur_Web_decision.pdf- statutory provisions. ./Nazam_Khan_and_Kaur_Web_decision.pdf-  Teachers must have proper and professional regard for the ethos, policies and ./Nazam_Khan_and_Kaur_Web_decision.pdf- practices of the school in which they teach... ./Nazam_Khan_and_Kaur_Web_decision.pdf-  Teachers must have an understanding of, and always act within, the statutory ./Nazam_Khan_and_Kaur_Web_decision.pdf- frameworks which set out their professional duties and responsibilities. ./Nazam_Khan_and_Kaur_Web_decision.pdf-The panel was also satisfied that the conduct of Mrs Nazam-Khan fell significantly short ./Nazam_Khan_and_Kaur_Web_decision.pdf-of the standards expected of the profession. Having established contact with Pupil A ./Nazam_Khan_and_Kaur_Web_decision.pdf-outside of the school environment, Mrs Nazam-Khan pursued a close and personal ./Nazam_Khan_and_Kaur_Web_decision.pdf:relationship with the pupil culminating in a sexual relationship. Furthermore, she sought ./Nazam_Khan_and_Kaur_Web_decision.pdf-to conceal her actions from the School and interfere with the School’s disciplinary ./Nazam_Khan_and_Kaur_Web_decision.pdf-investigation. ./Nazam_Khan_and_Kaur_Web_decision.pdf- ./Nazam_Khan_and_Kaur_Web_decision.pdf-The panel also considered whether Mrs Nazam-Khan’s conduct displayed behaviours ./Nazam_Khan_and_Kaur_Web_decision.pdf-associated with any of the offences listed on pages 8 and 9 of the Advice and the panel ./Nazam_Khan_and_Kaur_Web_decision.pdf:found that the offence of sexual activity was relevant given its findings in relation to ./Nazam_Khan_and_Kaur_Web_decision.pdf-allegation 2. ./Nazam_Khan_and_Kaur_Web_decision.pdf- ./Nazam_Khan_and_Kaur_Web_decision.pdf-I have to determine whether the imposition of a prohibition order is proportionate and in ./Nazam_Khan_and_Kaur_Web_decision.pdf-the public interest. In considering that for this case I have considered the overall aim of a ./Nazam_Khan_and_Kaur_Web_decision.pdf-prohibition order which is both to protect pupils and to maintain public confidence in the ./Nazam_Khan_and_Kaur_Web_decision.pdf-profession. I have considered the extent to which a prohibition order in this case would ./Nazam_Khan_and_Kaur_Web_decision.pdf-achieve that aim taking into account the impact that it will have on the individual teacher. ./Nazam_Khan_and_Kaur_Web_decision.pdf-I have also asked myself whether or not a less intrusive measure, such as the published ./Nazam_Khan_and_Kaur_Web_decision.pdf-finding of unacceptable professional conduct and conduct that may bring the profession ./Nazam_Khan_and_Kaur_Web_decision.pdf-into disrepute, would itself be sufficient to achieve the overall aim. I have to consider -- ./Nazam_Khan_and_Kaur_Web_decision.pdf- ./Nazam_Khan_and_Kaur_Web_decision.pdf-In my judgement the lack of insight means that there is some risk of the repetition of this ./Nazam_Khan_and_Kaur_Web_decision.pdf-behaviour and this risks future pupils’ well-being. I have therefore given this element ./Nazam_Khan_and_Kaur_Web_decision.pdf-considerable weight in reaching my decision. ./Nazam_Khan_and_Kaur_Web_decision.pdf- ./Nazam_Khan_and_Kaur_Web_decision.pdf-I have gone on to consider the extent to which a prohibition order would maintain public ./Nazam_Khan_and_Kaur_Web_decision.pdf-confidence in the profession. The panel observe, “a strong public interest consideration in ./Nazam_Khan_and_Kaur_Web_decision.pdf-respect of the protection of pupils given the serious findings of an inappropriate ./Nazam_Khan_and_Kaur_Web_decision.pdf-relationship with Pupil A.” ./Nazam_Khan_and_Kaur_Web_decision.pdf- ./Nazam_Khan_and_Kaur_Web_decision.pdf:I am particularly mindful of the finding of sexual misconduct in this case and the impact ./Nazam_Khan_and_Kaur_Web_decision.pdf-that such a finding has on the reputation of the profession. ./Nazam_Khan_and_Kaur_Web_decision.pdf- ./Nazam_Khan_and_Kaur_Web_decision.pdf-I have had to consider that the public has a high expectation of professional standards of ./Nazam_Khan_and_Kaur_Web_decision.pdf-all teachers and that failure to impose a prohibition order might be regarded by the public ./Nazam_Khan_and_Kaur_Web_decision.pdf-as a failure to uphold those high standards. In weighing these considerations I have had ./Nazam_Khan_and_Kaur_Web_decision.pdf-to consider the matter from the point of view of an “ordinary intelligent and well-informed ./Nazam_Khan_and_Kaur_Web_decision.pdf-citizen.” ./Nazam_Khan_and_Kaur_Web_decision.pdf- ./Nazam_Khan_and_Kaur_Web_decision.pdf-I have considered whether the publication of a finding of unacceptable professional ./Nazam_Khan_and_Kaur_Web_decision.pdf-conduct, in the absence of a prohibition order, can itself be regarded by such a person as -- ./Nazam_Khan_and_Kaur_Web_decision.pdf- ./Nazam_Khan_and_Kaur_Web_decision.pdf-I have also considered the impact of a prohibition order on Mrs Nazam-Khan herself. ./Nazam_Khan_and_Kaur_Web_decision.pdf-The panel has commented on her exemplary record. ./Nazam_Khan_and_Kaur_Web_decision.pdf- ./Nazam_Khan_and_Kaur_Web_decision.pdf-A prohibition order would prevent Mrs Nazam-Khan from continuing to teach and would ./Nazam_Khan_and_Kaur_Web_decision.pdf-deny the public of her contribution to the profession for the period that it is in force. ./Nazam_Khan_and_Kaur_Web_decision.pdf- ./Nazam_Khan_and_Kaur_Web_decision.pdf-In this case I have placed considerable weight on the panel’s comments concerning the ./Nazam_Khan_and_Kaur_Web_decision.pdf-lack of insight or remorse and the deliberate nature of the behaviour. The panel has said, ./Nazam_Khan_and_Kaur_Web_decision.pdf-“Mrs Nazam-Khan pursued a close and personal relationship with the pupil culminating in ./Nazam_Khan_and_Kaur_Web_decision.pdf:a sexual relationship. Furthermore, she sought to conceal her actions from the School ./Nazam_Khan_and_Kaur_Web_decision.pdf-and interfere with the School’s disciplinary investigation.” ./Nazam_Khan_and_Kaur_Web_decision.pdf- ./Nazam_Khan_and_Kaur_Web_decision.pdf-I have also placed considerable weight on the finding of the panel that Mrs Nazam- ./Nazam_Khan_and_Kaur_Web_decision.pdf-Khan’s behaviour had a detrimental impact on Pupil A. The panel says that the “nature of ./Nazam_Khan_and_Kaur_Web_decision.pdf-relationship and the detrimental impact upon Pupil A was a significant factor in forming ./Nazam_Khan_and_Kaur_Web_decision.pdf-that opinion.” ./Nazam_Khan_and_Kaur_Web_decision.pdf- ./Nazam_Khan_and_Kaur_Web_decision.pdf-I have given less weight in my consideration of sanction therefore, to the contribution that ./Nazam_Khan_and_Kaur_Web_decision.pdf-Mrs Nazam-Khan has made to the profession. In my view it is necessary to impose a ./Nazam_Khan_and_Kaur_Web_decision.pdf-prohibition order in order to maintain public confidence in the profession. A published -- ./Nazam_Khan_and_Kaur_Web_decision.pdf-proportionate and in the public interest. ./Nazam_Khan_and_Kaur_Web_decision.pdf- ./Nazam_Khan_and_Kaur_Web_decision.pdf-For these reasons I have concluded that a prohibition order is necessary. ./Nazam_Khan_and_Kaur_Web_decision.pdf- ./Nazam_Khan_and_Kaur_Web_decision.pdf-I have gone on to consider the matter of a review period. In this case the panel has ./Nazam_Khan_and_Kaur_Web_decision.pdf-recommended that there should be no review period. ./Nazam_Khan_and_Kaur_Web_decision.pdf- ./Nazam_Khan_and_Kaur_Web_decision.pdf-I have considered the panel’s comments and I have also taken into account the ./Nazam_Khan_and_Kaur_Web_decision.pdf-published guidance. ./Nazam_Khan_and_Kaur_Web_decision.pdf- ./Nazam_Khan_and_Kaur_Web_decision.pdf:The panel has found “that Mrs Nazam-Khan engaged in a sexual relationship with Pupil ./Nazam_Khan_and_Kaur_Web_decision.pdf:A, such actions being sexually motivated. The relationship spanned several months. ./Nazam_Khan_and_Kaur_Web_decision.pdf-Furthermore, the panel noted the detrimental impact upon Pupil A arising as a result of ./Nazam_Khan_and_Kaur_Web_decision.pdf-Mrs Nazam-Khan’s actions. Furthermore, the panel do not consider that Mrs Nazam- ./Nazam_Khan_and_Kaur_Web_decision.pdf-Khan has shown any remorse for her actions and the impact upon the pupil; her remorse ./Nazam_Khan_and_Kaur_Web_decision.pdf-is largely for the impact upon her family and herself.” ./Nazam_Khan_and_Kaur_Web_decision.pdf- ./Nazam_Khan_and_Kaur_Web_decision.pdf-I have considered whether a prohibition with no review period reflects the seriousness of ./Nazam_Khan_and_Kaur_Web_decision.pdf-the findings and is proportionate. In this case, there are three factors that in my view ./Nazam_Khan_and_Kaur_Web_decision.pdf-mean that a prohibition with no review period is not sufficient to achieve the aim of ./Nazam_Khan_and_Kaur_Web_decision.pdf:maintaining public confidence in the profession. These elements are the sexual ./Nazam_Khan_and_Kaur_Web_decision.pdf-misconduct found, the lack of either insight or remorse, and the adverse impact on Pupil ./Nazam_Khan_and_Kaur_Web_decision.pdf-A. ./Nazam_Khan_and_Kaur_Web_decision.pdf- ./Nazam_Khan_and_Kaur_Web_decision.pdf-I consider therefore that a prohibition order with no review period is required to satisfy the ./Nazam_Khan_and_Kaur_Web_decision.pdf-maintenance of public confidence in the profession. ./Nazam_Khan_and_Kaur_Web_decision.pdf- ./Nazam_Khan_and_Kaur_Web_decision.pdf-This means that Mrs Amena Nazam-Khan is prohibited from teaching indefinitely ./Nazam_Khan_and_Kaur_Web_decision.pdf-and cannot teach in any school, sixth form college, relevant youth accommodation ./Nazam_Khan_and_Kaur_Web_decision.pdf-or children’s home in England. Furthermore, in view of the seriousness of the ./Nazam_Khan_and_Kaur_Web_decision.pdf-allegations found proved against her, I have decided that Mrs Amena-Khan shall not be ./NCTL_SoS_decision_Pearson.pdf- b. failing to take appropriate steps in relation to an incident that involved ./NCTL_SoS_decision_Pearson.pdf: inappropriate sexualised discussions amongst year 7 & 8 boys, ./NCTL_SoS_decision_Pearson.pdf- ./NCTL_SoS_decision_Pearson.pdf- c. advising a colleague by email that allegation 2.b. would be investigated after half ./NCTL_SoS_decision_Pearson.pdf- term but then failing to do so. ./NCTL_SoS_decision_Pearson.pdf- ./NCTL_SoS_decision_Pearson.pdf-3. Failed to comply with the Safer Recruitment & Selection Policy at Chantry School and ./NCTL_SoS_decision_Pearson.pdf- the reasonable management instructions from the previous Chair of Governors, by ./NCTL_SoS_decision_Pearson.pdf- failing to ensure that: ./NCTL_SoS_decision_Pearson.pdf- ./NCTL_SoS_decision_Pearson.pdf- a. the qualifications of Individual B were verified; ./NCTL_SoS_decision_Pearson.pdf- -- ./NCTL_SoS_decision_Pearson.pdf- ./NCTL_SoS_decision_Pearson.pdf-The panel has carefully considered the case before us and has reached a decision. ./NCTL_SoS_decision_Pearson.pdf- ./NCTL_SoS_decision_Pearson.pdf-The panel confirms that it has read all the documents provided in the bundle in advance ./NCTL_SoS_decision_Pearson.pdf-of the hearing. ./NCTL_SoS_decision_Pearson.pdf- ./NCTL_SoS_decision_Pearson.pdf-Mr Pearson had been employed at Chantry School (“the School”) as headteacher since 1 ./NCTL_SoS_decision_Pearson.pdf-January 2012. It was alleged that he failed to comply with the School’s safeguarding and ./NCTL_SoS_decision_Pearson.pdf-child protection policies and procedures, exercising poor professional judgment, in ./NCTL_SoS_decision_Pearson.pdf-relation to (a) an incident involving a learning support assistant who assaulted a police ./NCTL_SoS_decision_Pearson.pdf:officer and (b) in relation to an incident involving inappropriate sexualised discussions ./NCTL_SoS_decision_Pearson.pdf-amongst pupils. It was further alleged that he failed to comply with a Safer Recruitment & ./NCTL_SoS_decision_Pearson.pdf-Selection Policy and the reasonable management instructions of a previous Chair of ./NCTL_SoS_decision_Pearson.pdf-Governors in relation to recruitment. It was alleged that he failed in regard to his ./NCTL_SoS_decision_Pearson.pdf-attendance, that he provided information which he knew to be inaccurate or false to Her ./NCTL_SoS_decision_Pearson.pdf- ./NCTL_SoS_decision_Pearson.pdf- 7 ./NCTL_SoS_decision_Pearson.pdf- -- ./NCTL_SoS_decision_Pearson.pdf-to the same incident. ./NCTL_SoS_decision_Pearson.pdf- ./NCTL_SoS_decision_Pearson.pdf-Witness B stated that the concerns arose from a nurture group discussion undertaken ./NCTL_SoS_decision_Pearson.pdf-by Individual K. Witness B said that it was Individual K herself who had raised ./NCTL_SoS_decision_Pearson.pdf-concerns that a pupil in the group had made sexually explicit comments during the ./NCTL_SoS_decision_Pearson.pdf-session. ./NCTL_SoS_decision_Pearson.pdf- ./NCTL_SoS_decision_Pearson.pdf-Individual K set out an account of her concerns in an email to Mr Pearson on 13 ./NCTL_SoS_decision_Pearson.pdf-February 2014 (page 443). She described the use of sexualised language by pupils ./NCTL_SoS_decision_Pearson.pdf-during the session, and explained a specific concern regarding the reference by one ./NCTL_SoS_decision_Pearson.pdf:of their pupils to their viewing of pornography. Witness B and Individual J both ./NCTL_SoS_decision_Pearson.pdf-subsequently sent emails to Mr Pearson raising concerns (page 444-445). ./NCTL_SoS_decision_Pearson.pdf- ./NCTL_SoS_decision_Pearson.pdf-The panel were referred to two emails sent by Mr Pearson in response to the ./NCTL_SoS_decision_Pearson.pdf-situation. The first (page 444) on 13 February, was sent to Individual J, the acting ./NCTL_SoS_decision_Pearson.pdf-assistant head. It included the statement ‘I feel as CP officer it is appropriate that they ./NCTL_SoS_decision_Pearson.pdf-are discussed with [Individual K] initially and you raise your concerns to her if you are ./NCTL_SoS_decision_Pearson.pdf-not happy with the discourse we can talk further’. The second email, sent to Witness ./NCTL_SoS_decision_Pearson.pdf-B, stated ‘I have discussed with [Individual J] the issues raised and the best way ./NCTL_SoS_decision_Pearson.pdf-forward. [Individual J] will address the issues after half term.’ ./NCTL_SoS_decision_Pearson.pdf- ./NCTL_SoS_decision_Pearson.pdf-Mr Pearson stated that, as far as he was concerned, he had suggested that Individual ./NCTL_SoS_decision_Pearson.pdf-J speak to Individual K and come back to him if she (Individual J) was not happy with ./NCTL_SoS_decision_Pearson.pdf-the response. Mr Pearson said that he also checked with the ICT department, who ./NCTL_SoS_decision_Pearson.pdf:confirmed that pupils could not access pornographic websites and that the School’s ./NCTL_SoS_decision_Pearson.pdf-firewall was fit for purpose. When challenged about the language reported to have ./NCTL_SoS_decision_Pearson.pdf-been used, Mr Pearson said that it was inappropriate, but that in the context of the ./NCTL_SoS_decision_Pearson.pdf-School it was not unusual. ./NCTL_SoS_decision_Pearson.pdf- ./NCTL_SoS_decision_Pearson.pdf-When asked why he did not follow the matter up after half term, Mr Pearson said he ./NCTL_SoS_decision_Pearson.pdf-understood that Individual J would come back to him if there were still concerns. He ./NCTL_SoS_decision_Pearson.pdf-stated that Individual J did not raise the issue with him again. ./NCTL_SoS_decision_Pearson.pdf- ./NCTL_SoS_decision_Pearson.pdf-Having considered all the evidence, the panel is not satisfied that Mr Pearson ./NCTL_SoS_decision_Pearson.pdf-exercised poor professional judgment. The panel considers that the steps taken by Mr ./Neville-Young__S_14737_-_Web_decision.pdf- ./Neville-Young__S_14737_-_Web_decision.pdf- i. Pupils and/or former pupils of the School; ./Neville-Young__S_14737_-_Web_decision.pdf- ./Neville-Young__S_14737_-_Web_decision.pdf- ii. Pupils and/or former pupils of King Edward VI School; ./Neville-Young__S_14737_-_Web_decision.pdf- ./Neville-Young__S_14737_-_Web_decision.pdf- b. Gave gifts of chocolate to female pupils at the School; ./Neville-Young__S_14737_-_Web_decision.pdf- ./Neville-Young__S_14737_-_Web_decision.pdf- c. Allowed pupils to take ‘selfies’ on an iPad which he failed to delete; ./Neville-Young__S_14737_-_Web_decision.pdf- ./Neville-Young__S_14737_-_Web_decision.pdf- d. Told pupils at the School details relating to his personal life including about ./Neville-Young__S_14737_-_Web_decision.pdf: gambling and/or his personal relationships including matters of a sexual ./Neville-Young__S_14737_-_Web_decision.pdf- nature; ./Neville-Young__S_14737_-_Web_decision.pdf- ./Neville-Young__S_14737_-_Web_decision.pdf- e. Formed inappropriate and unprofessional relationships with pupils. ./Neville-Young__S_14737_-_Web_decision.pdf- ./Neville-Young__S_14737_-_Web_decision.pdf- 2. When engaging in the communication set out above at 1a he: ./Neville-Young__S_14737_-_Web_decision.pdf- ./Neville-Young__S_14737_-_Web_decision.pdf- a. Used various social media accounts including accounts set up with ./Neville-Young__S_14737_-_Web_decision.pdf- pseudonyms; ./Neville-Young__S_14737_-_Web_decision.pdf- ./Neville-Young__S_14737_-_Web_decision.pdf- b. Sent messages which were inappropriate and unprofessional in tone and/or -- ./Neville-Young__S_14737_-_Web_decision.pdf-and includes some kisses at the ends of messages. The panel notes that during the ./Neville-Young__S_14737_-_Web_decision.pdf-School’s internal investigation, Mr Neville-Young accepted that he should not have done ./Neville-Young__S_14737_-_Web_decision.pdf-this. ./Neville-Young__S_14737_-_Web_decision.pdf- ./Neville-Young__S_14737_-_Web_decision.pdf-The panel considers that this was an inappropriate failure to maintain appropriate ./Neville-Young__S_14737_-_Web_decision.pdf-professional boundaries, given Mr Neville-Young’s position at KE6S as Individual C’s ./Neville-Young__S_14737_-_Web_decision.pdf-teacher, and therefore the allegation is found proved. ./Neville-Young__S_14737_-_Web_decision.pdf- ./Neville-Young__S_14737_-_Web_decision.pdf- d. Told pupils at the School details relating to your personal life including ./Neville-Young__S_14737_-_Web_decision.pdf- about gambling and/or your personal relationships including matters of a ./Neville-Young__S_14737_-_Web_decision.pdf: sexual nature; ./Neville-Young__S_14737_-_Web_decision.pdf- ./Neville-Young__S_14737_-_Web_decision.pdf-Mr Neville-Young stated that he told his year 10 maths class humorous stories as a tool ./Neville-Young__S_14737_-_Web_decision.pdf-for engagement, such as stories regarding his girlfriend and previous job as a ./Neville-Young__S_14737_-_Web_decision.pdf-bookmaker. He denied that he had conversations with students regarding matters of a ./Neville-Young__S_14737_-_Web_decision.pdf:sexual nature. ./Neville-Young__S_14737_-_Web_decision.pdf- ./Neville-Young__S_14737_-_Web_decision.pdf-The panel has heard evidence from Witnesses A, B and C that during lessons, Mr ./Neville-Young__S_14737_-_Web_decision.pdf-Neville-Young discussed his previous career as a bookmaker, and told them stories of a ./Neville-Young__S_14737_-_Web_decision.pdf- ./Neville-Young__S_14737_-_Web_decision.pdf- ./Neville-Young__S_14737_-_Web_decision.pdf- 9 ./Neville-Young__S_14737_-_Web_decision.pdf- -- ./Neville-Young__S_14737_-_Web_decision.pdf-personal nature about an ex-girlfriend. The panel has heard detail regarding the content ./Neville-Young__S_14737_-_Web_decision.pdf:of those stories. Witness B recounted one story of a sexual nature regarding events at a ./Neville-Young__S_14737_-_Web_decision.pdf-party that Mr Neville-Young had said that he had attended, but the panel does not accept ./Neville-Young__S_14737_-_Web_decision.pdf-this story on the balance of probabilities as Witness B was unsure of the words used by ./Neville-Young__S_14737_-_Web_decision.pdf-Mr Neville-Young and there was no witness corroboration for this. ./Neville-Young__S_14737_-_Web_decision.pdf- ./Neville-Young__S_14737_-_Web_decision.pdf:The panel therefore considers that although the stories were not of a sexual nature, they ./Neville-Young__S_14737_-_Web_decision.pdf-constituted an inappropriate failure to maintain professional boundaries and therefore the ./Neville-Young__S_14737_-_Web_decision.pdf-allegation is proved. ./Neville-Young__S_14737_-_Web_decision.pdf- ./Neville-Young__S_14737_-_Web_decision.pdf- e. Formed inappropriate and unprofessional relationships with pupils; ./Neville-Young__S_14737_-_Web_decision.pdf- ./Neville-Young__S_14737_-_Web_decision.pdf-In addition to the allegations found proved above, the panel notes that Witnesses A, B ./Neville-Young__S_14737_-_Web_decision.pdf-and C all said that they viewed Mr Neville-Young more as a friend than a teacher. During ./Neville-Young__S_14737_-_Web_decision.pdf-the School’s internal investigation interview, Mr Neville-Young described his relationship ./Neville-Young__S_14737_-_Web_decision.pdf-with pupils as “banterous” and “unique”. Mr Neville-Young also said that pupils at KE6S ./Neville-Young__S_14737_-_Web_decision.pdf-“loved him” and when discussing social media contact with students, he said that he was ./Neville-Young__S_14737_-_Web_decision.pdf-only friends on Facebook with people that he “knew and cared about”. During his oral ./Neville-Young__S_14737_-_Web_decision.pdf-evidence, he changed this to people that he found “trustworthy”. The panel also notes ./Neville-Young__S_14737_-_Web_decision.pdf-that during the School’s interview, Mr Neville-Young stated that he had been given advice ./Neville-Young__S_14737_-_Web_decision.pdf-by the assistant headteacher at KE6S to “watch himself” regarding his conduct with ./Neville-Young__S_14737_-_Web_decision.pdf-students, but that Mr Neville-Young said that he did not see that there was a problem. He ./Neville-Young__S_14737_-_Web_decision.pdf-repeated this during oral evidence to the panel. ./Neville-Young__S_14737_-_Web_decision.pdf- ./Neville-Young__S_14737_-_Web_decision.pdf-The panel notes that Mr Neville-Young denied this allegation. ./Neville-Young__S_14737_-_Web_decision.pdf- ./Neville-Young__S_14737_-_Web_decision.pdf-Considering all of the evidence before it, the panel finds that Mr Neville-Young did form ./Neville-Young__S_14737_-_Web_decision.pdf:relationships with pupils that were inappropriate and unprofessional, albeit not of a sexual ./Neville-Young__S_14737_-_Web_decision.pdf-nature. The allegation is therefore proved. ./Neville-Young__S_14737_-_Web_decision.pdf- ./Neville-Young__S_14737_-_Web_decision.pdf- 2. When engaging in the communication set out above at 1.a. you: ./Neville-Young__S_14737_-_Web_decision.pdf- ./Neville-Young__S_14737_-_Web_decision.pdf- a. Used various social media accounts including accounts set up with ./Neville-Young__S_14737_-_Web_decision.pdf- pseudonyms; ./Neville-Young__S_14737_-_Web_decision.pdf- ./Neville-Young__S_14737_-_Web_decision.pdf-Mr Neville-Young stated that he used pseudonyms on social media to contact family and ./Neville-Young__S_14737_-_Web_decision.pdf-friends, but that there was no impropriety regarding this. As above, the panel has seen ./Neville-Young__S_14737_-_Web_decision.pdf-that Mr Neville-Young used a pseudonym when communicating with Individual C. ./Newton-BadmanDavid_web_decision.pdf- 7. On an unknown date, he told Pupil A to squat to make her bum bigger, or ./Newton-BadmanDavid_web_decision.pdf- words to that effect; ./Newton-BadmanDavid_web_decision.pdf- ./Newton-BadmanDavid_web_decision.pdf- 8. On an unknown date, he told Pupil A that he was “not looking for an affair ./Newton-BadmanDavid_web_decision.pdf- only a bit of fun” or words to that effect; ./Newton-BadmanDavid_web_decision.pdf- ./Newton-BadmanDavid_web_decision.pdf- 9. On or about 19 June 2015, he sent a message to Pupil B (an ex pupil) that ./Newton-BadmanDavid_web_decision.pdf- read “Sorry. V inappropriate…..But if you ever want to ‘experience’ an older ./Newton-BadmanDavid_web_decision.pdf- man, just let me know (it’s your legs I think!) x” or words to that effect; ./Newton-BadmanDavid_web_decision.pdf- ./Newton-BadmanDavid_web_decision.pdf: 10. His conduct set out at paragraphs 1-9 above was sexually motivated. ./Newton-BadmanDavid_web_decision.pdf- ./Newton-BadmanDavid_web_decision.pdf- ./Newton-BadmanDavid_web_decision.pdf- ./Newton-BadmanDavid_web_decision.pdf-In his witness statement dated 1 March 2017, Mr Newton-Badman admitted the facts of ./Newton-BadmanDavid_web_decision.pdf-allegations 1.a., 1.g.ii. and 9. He partially admitted the facts of allegation 2.d. The ./Newton-BadmanDavid_web_decision.pdf-remainder of the allegations were not admitted. Accordingly, the hearing proceeded on ./Newton-BadmanDavid_web_decision.pdf-the basis of a disputed case. ./Newton-BadmanDavid_web_decision.pdf- ./Newton-BadmanDavid_web_decision.pdf- ./Newton-BadmanDavid_web_decision.pdf- -- ./Newton-BadmanDavid_web_decision.pdf- ./Newton-BadmanDavid_web_decision.pdf- 4. On an unknown date, when asking Pupil A if you could teach her to drive, ./Newton-BadmanDavid_web_decision.pdf- stated that the car was “not big enough for what I have in mind” or words to ./Newton-BadmanDavid_web_decision.pdf- that effect; ./Newton-BadmanDavid_web_decision.pdf- ./Newton-BadmanDavid_web_decision.pdf-Mr Newton-Badman denied this allegation. ./Newton-BadmanDavid_web_decision.pdf- ./Newton-BadmanDavid_web_decision.pdf-The panel referred to the written evidence of Pupil A who explained that she had been ./Newton-BadmanDavid_web_decision.pdf-bought a car for Christmas 2014. Mr Newton-Badman asked, “if he could teach me to ./Newton-BadmanDavid_web_decision.pdf-drive. He also commented that my car was “not big enough for what I have in mind” … I ./Newton-BadmanDavid_web_decision.pdf:took this comment to be a sexual comment”. This account was consistent with the ./Newton-BadmanDavid_web_decision.pdf-information relayed to the police on 30 July 2015 and to the School on 28 September ./Newton-BadmanDavid_web_decision.pdf-2015. As noted previously, Pupil A was consistent with her evidence and the panel found ./Newton-BadmanDavid_web_decision.pdf-her to be a credible and honest witness. Furthermore, this account is verified by the ./Newton-BadmanDavid_web_decision.pdf-evidence of Pupil C, who recalled that, “In another conversation between Pupil A and Mr ./Newton-BadmanDavid_web_decision.pdf-Newton-Badman, he mentioned teaching her to drive. During the conversation, Mr ./Newton-BadmanDavid_web_decision.pdf-Newton-Badman apparently said “we could do it in your car but your car is too small” or ./Newton-BadmanDavid_web_decision.pdf-something like “we can do it in my car” … we [Pupil A and Pupil C] both thought that Mr ./Newton-BadmanDavid_web_decision.pdf:Newton-Badman was referring to having sexual intercourse with Pupil A”. In her oral ./Newton-BadmanDavid_web_decision.pdf-evidence, Pupil C confirmed that this message was relayed to her by Pupil A before Pupil ./Newton-BadmanDavid_web_decision.pdf-B’s Twitter posting. Pupil C’s account was consistent with the statement she provided to ./Newton-BadmanDavid_web_decision.pdf-the police on 5 August 2015. ./Newton-BadmanDavid_web_decision.pdf- ./Newton-BadmanDavid_web_decision.pdf-When the allegation was put to him during the School investigatory meeting, Mr Newton- ./Newton-BadmanDavid_web_decision.pdf-Badman responded, “No, she [Pupil A] brought that up by asking me to teach her to ./Newton-BadmanDavid_web_decision.pdf-drive”. In his witness statement dated 1 March 2017, Mr Newton-Badman provided a ./Newton-BadmanDavid_web_decision.pdf-fuller response stating, “At no time did I ever send Pupil A messages about offering her ./Newton-BadmanDavid_web_decision.pdf-driving lessons or the size or suitability of her car for any purpose”. ./Newton-BadmanDavid_web_decision.pdf- -- ./Newton-BadmanDavid_web_decision.pdf-a failure to maintain appropriate professional standards and appropriate professional ./Newton-BadmanDavid_web_decision.pdf-boundaries. Consequently, the panel find this allegation to be proved. ./Newton-BadmanDavid_web_decision.pdf- ./Newton-BadmanDavid_web_decision.pdf: 10. Your conduct set out at paragraphs 1-9 above was sexually motivated. ./Newton-BadmanDavid_web_decision.pdf- ./Newton-BadmanDavid_web_decision.pdf-As the panel found allegations 1 to 9 proven, the panel went on to consider the two stage ./Newton-BadmanDavid_web_decision.pdf:test for sexual motivation – firstly, whether on the balance of probabilities a reasonable ./Newton-BadmanDavid_web_decision.pdf:person would think the actions could be sexual and secondly whether, in all the ./Newton-BadmanDavid_web_decision.pdf-circumstances of the conduct in the case, it was more likely than not that the teacher’s ./Newton-BadmanDavid_web_decision.pdf:purpose in such actions was sexual. ./Newton-BadmanDavid_web_decision.pdf- ./Newton-BadmanDavid_web_decision.pdf:Mr Newton-Badman denied that his actions were sexually motivated. In his witness ./Newton-BadmanDavid_web_decision.pdf-statement, Mr Newton-Badman stated, “Overall, I do accept that the actions to which I ./Newton-BadmanDavid_web_decision.pdf:have admitted were unprofessional … and capable of being construed as being sexually ./Newton-BadmanDavid_web_decision.pdf:motivated. I am adamant that it was never my intention to cultivate a sexual relationship ./Newton-BadmanDavid_web_decision.pdf-with Pupil A or Pupil B (or any other pupil), either whilst they were at the school or after ./Newton-BadmanDavid_web_decision.pdf-they had left the school”. ./Newton-BadmanDavid_web_decision.pdf- ./Newton-BadmanDavid_web_decision.pdf-The panel noted that the facts of the allegations found to be proved against Mr Newton- ./Newton-BadmanDavid_web_decision.pdf-Badman, included, but were not limited to, the following inappropriate words and actions: ./Newton-BadmanDavid_web_decision.pdf- ./Newton-BadmanDavid_web_decision.pdf-  sending several inappropriate messages to Pupil A, some of which contained ./Newton-BadmanDavid_web_decision.pdf: sexual innuendo and others which were plainly of a sexual nature ./Newton-BadmanDavid_web_decision.pdf-  sending Pupil A a picture of female underwear ./Newton-BadmanDavid_web_decision.pdf-  inviting Pupil A to his room for a massage ./Newton-BadmanDavid_web_decision.pdf-  asking Pupil A to kiss him ./Newton-BadmanDavid_web_decision.pdf-  inappropriately touching Pupil A on several occasions ./Newton-BadmanDavid_web_decision.pdf-  sending Pupil B a message stating “if you ever want to ‘experience’ an older man, ./Newton-BadmanDavid_web_decision.pdf- just let me know” ./Newton-BadmanDavid_web_decision.pdf- ./Newton-BadmanDavid_web_decision.pdf- ./Newton-BadmanDavid_web_decision.pdf-Upon consideration of the evidence, the panel was satisfied that Mr Newton-Badman’s ./Newton-BadmanDavid_web_decision.pdf:words and actions would be viewed by a reasonable person as sexual. In reaching its ./Newton-BadmanDavid_web_decision.pdf-decision, the panel noted that the very nature of his actions (for instance touching Pupil ./Newton-BadmanDavid_web_decision.pdf-A’s bottom) and the very nature of the words (for instance sending indecent messages) ./Newton-BadmanDavid_web_decision.pdf-would suffice to satisfy this element of the test. ./Newton-BadmanDavid_web_decision.pdf- ./Newton-BadmanDavid_web_decision.pdf-Turning to the second limb, whether in all the circumstances of the conduct of the case, ./Newton-BadmanDavid_web_decision.pdf:the purpose of such actions was sexual on Mr Newton-Badman’s part. His explanation ./Newton-BadmanDavid_web_decision.pdf:that he was joking and did not intend to have a sexual relationship with the pupils lacked ./Newton-BadmanDavid_web_decision.pdf-credibility when considered in the context of the allegations found proven. The panel was ./Newton-BadmanDavid_web_decision.pdf-satisfied, in the absence of any other reasonable explanation and as a result of the ./Newton-BadmanDavid_web_decision.pdf:proven facts, that Mr Newton-Badman’s intention behind these actions was for sexual ./Newton-BadmanDavid_web_decision.pdf-gratification. Therefore, the panel found this allegation to be proved. ./Newton-BadmanDavid_web_decision.pdf- ./Newton-BadmanDavid_web_decision.pdf- 21 ./Newton-BadmanDavid_web_decision.pdf- -- ./Newton-BadmanDavid_web_decision.pdf- frameworks which set out their professional duties and responsibilities ./Newton-BadmanDavid_web_decision.pdf- ./Newton-BadmanDavid_web_decision.pdf- ./Newton-BadmanDavid_web_decision.pdf-The panel was satisfied that the conduct of Mr Newton-Badman, which involved sending ./Newton-BadmanDavid_web_decision.pdf-inappropriate messages to former pupils (under the age of 18) and inappropriate physical ./Newton-BadmanDavid_web_decision.pdf-contact with the concerned individuals, fell significantly short of the standards expected of ./Newton-BadmanDavid_web_decision.pdf-the profession. ./Newton-BadmanDavid_web_decision.pdf- ./Newton-BadmanDavid_web_decision.pdf-The panel also considered whether Mr Newton-Badman’s conduct displayed behaviours ./Newton-BadmanDavid_web_decision.pdf-associated with any of the offences listed on pages 8 and 9 of the Advice and the panel ./Newton-BadmanDavid_web_decision.pdf:found that the offence of sexual activity was relevant. The Advice indicated that where ./Newton-BadmanDavid_web_decision.pdf-behaviours associated with such an offence exist, a panel was likely to conclude that an ./Newton-BadmanDavid_web_decision.pdf-individual’s conduct would amount to unacceptable professional conduct. ./Newton-BadmanDavid_web_decision.pdf- ./Newton-BadmanDavid_web_decision.pdf-The panel noted that some of the allegations took place outside of the education setting ./Newton-BadmanDavid_web_decision.pdf-and in such circumstances misconduct will only amount to unacceptable professional ./Newton-BadmanDavid_web_decision.pdf-conduct if it affects the way the person fulfils their teaching role or may lead to pupils ./Newton-BadmanDavid_web_decision.pdf-being exposed to or influenced by the behaviour in a harmful way. The panel noted that ./Newton-BadmanDavid_web_decision.pdf-the facts surrounding the allegations were not said to have impacted the manner in which ./Newton-BadmanDavid_web_decision.pdf-Mr Newton-Badman fulfilled his role as a teacher. However, there is clear evidence from ./Newton-BadmanDavid_web_decision.pdf- -- ./Newton-BadmanDavid_web_decision.pdf-the underlying facts that Mr Newton-Badman’s conduct may have led to pupil’s being ./Newton-BadmanDavid_web_decision.pdf-exposed to or influenced by his behaviour in a harmful way; not least due to the ./Newton-BadmanDavid_web_decision.pdf:persistent sexualised nature of the messages to Pupil A. ./Newton-BadmanDavid_web_decision.pdf- ./Newton-BadmanDavid_web_decision.pdf-Accordingly, the panel was satisfied that Mr Newton-Badman is guilty of unacceptable ./Newton-BadmanDavid_web_decision.pdf-professional conduct. ./Newton-BadmanDavid_web_decision.pdf- ./Newton-BadmanDavid_web_decision.pdf-The panel considered how the teaching profession was viewed by others and noted the ./Newton-BadmanDavid_web_decision.pdf-influence that teachers may have on pupils, parents and others in the community. The ./Newton-BadmanDavid_web_decision.pdf-panel has taken account of the uniquely influential role that teachers can hold in pupils’ ./Newton-BadmanDavid_web_decision.pdf-lives and that pupils must be able to view teachers as role models in the way they ./Newton-BadmanDavid_web_decision.pdf-behave. ./Newton-BadmanDavid_web_decision.pdf- -- ./Newton-BadmanDavid_web_decision.pdf-The panel found that Mr Newton-Badman’s conduct involved serious departures from the ./Newton-BadmanDavid_web_decision.pdf-personal and professional conduct elements of the Teachers’ Standards, as the panel ./Newton-BadmanDavid_web_decision.pdf-has already detailed above. ./Newton-BadmanDavid_web_decision.pdf- ./Newton-BadmanDavid_web_decision.pdf- ./Newton-BadmanDavid_web_decision.pdf-  misconduct seriously affecting the education and/or well-being of pupils, and ./Newton-BadmanDavid_web_decision.pdf- particularly where there is a continuing risk ./Newton-BadmanDavid_web_decision.pdf- ./Newton-BadmanDavid_web_decision.pdf- ./Newton-BadmanDavid_web_decision.pdf-The panel found that the misconduct did affect the well-being pupils, with Pupil A being ./Newton-BadmanDavid_web_decision.pdf:sexually touched on the coach journey back. Given the sheer number of incidents, the ./Newton-BadmanDavid_web_decision.pdf-panel considered that there was a continuing risk. ./Newton-BadmanDavid_web_decision.pdf- ./Newton-BadmanDavid_web_decision.pdf- ./Newton-BadmanDavid_web_decision.pdf-  a deep-seated attitude that leads to harmful behaviour ./Newton-BadmanDavid_web_decision.pdf- ./Newton-BadmanDavid_web_decision.pdf- ./Newton-BadmanDavid_web_decision.pdf-The underlying incidents giving rise to the allegations were not isolated and involved ./Newton-BadmanDavid_web_decision.pdf-several events (23 in total) over a period of 14 months concerning a number of pupils. ./Newton-BadmanDavid_web_decision.pdf-This is a repeated pattern of behaviour. This led the panel to conclude that Mr Newton- ./Newton-BadmanDavid_web_decision.pdf-Badman held a deep seated attitude which led to the harmful behaviour forming the facts -- ./Newton-BadmanDavid_web_decision.pdf-  abuse of position or trust (particularly involving vulnerable pupils) or violation of the ./Newton-BadmanDavid_web_decision.pdf- rights of pupils ./Newton-BadmanDavid_web_decision.pdf- ./Newton-BadmanDavid_web_decision.pdf- ./Newton-BadmanDavid_web_decision.pdf-The panel considered that Mr Newton-Badman’s conduct, in relation to the proven ./Newton-BadmanDavid_web_decision.pdf-allegations, involved an abuse of his position and trust. His conduct involved a violation ./Newton-BadmanDavid_web_decision.pdf-of the rights of pupils. ./Newton-BadmanDavid_web_decision.pdf- ./Newton-BadmanDavid_web_decision.pdf- ./Newton-BadmanDavid_web_decision.pdf:  sexual misconduct, e.g. involving actions that were sexually motivated or of a ./Newton-BadmanDavid_web_decision.pdf: sexual nature and/or that use or exploit the trust, knowledge or influence derived ./Newton-BadmanDavid_web_decision.pdf- from the individual’s professional position ./Newton-BadmanDavid_web_decision.pdf- ./Newton-BadmanDavid_web_decision.pdf- ./Newton-BadmanDavid_web_decision.pdf-The panel found allegation 10 proven, noting that Mr Newton-Badman’s actions were ./Newton-BadmanDavid_web_decision.pdf:sexually motivated. He exploited the trust he gained in his position as a teacher in order ./Newton-BadmanDavid_web_decision.pdf-to engage with Pupils A and B. ./Newton-BadmanDavid_web_decision.pdf- ./Newton-BadmanDavid_web_decision.pdf-Even though there were behaviours that would point to a prohibition order being ./Newton-BadmanDavid_web_decision.pdf-appropriate, the panel went on to consider whether or not there were sufficient mitigating ./Newton-BadmanDavid_web_decision.pdf-factors to militate against a prohibition order being an appropriate and proportionate ./Newton-BadmanDavid_web_decision.pdf-measure to impose, particularly taking into account the nature and severity of the ./Newton-BadmanDavid_web_decision.pdf-behaviour in this case. ./Newton-BadmanDavid_web_decision.pdf- ./Newton-BadmanDavid_web_decision.pdf-Given the nature of the behaviour, the panel held that Mr Newton-Badman’s actions were ./Newton-BadmanDavid_web_decision.pdf-deliberate and had seen no evidence to suggest that he was acting under duress. In fact -- ./Newton-BadmanDavid_web_decision.pdf-made by the Panel is sufficient. ./Newton-BadmanDavid_web_decision.pdf- ./Newton-BadmanDavid_web_decision.pdf-The panel is of the view that applying the standard of the ordinary intelligent citizen, ./Newton-BadmanDavid_web_decision.pdf-recommending no prohibition order is not a proportionate and appropriate response. ./Newton-BadmanDavid_web_decision.pdf-Recommending that publication of adverse findings is sufficient in the case would ./Newton-BadmanDavid_web_decision.pdf-unacceptably compromise the public interest considerations present in this case, despite ./Newton-BadmanDavid_web_decision.pdf-the severity of consequences for the teacher of prohibition. ./Newton-BadmanDavid_web_decision.pdf- ./Newton-BadmanDavid_web_decision.pdf-The panel is, therefore, of the view that prohibition is both proportionate and appropriate. ./Newton-BadmanDavid_web_decision.pdf-The panel decided that the public interest considerations outweigh the interests of Mr ./Newton-BadmanDavid_web_decision.pdf:Newton-Badman. The number of incidents (23 in total) and the persistence of his sexual ./Newton-BadmanDavid_web_decision.pdf- ./Newton-BadmanDavid_web_decision.pdf- ./Newton-BadmanDavid_web_decision.pdf- 25 ./Newton-BadmanDavid_web_decision.pdf- -- ./Newton-BadmanDavid_web_decision.pdf-effect. ./Newton-BadmanDavid_web_decision.pdf- ./Newton-BadmanDavid_web_decision.pdf-The panel went on to consider whether or not it would be appropriate to decide to ./Newton-BadmanDavid_web_decision.pdf-recommend that a review period of the order should be considered. The panel was ./Newton-BadmanDavid_web_decision.pdf-mindful that the Advice advises that a prohibition order applies for life, but there may be ./Newton-BadmanDavid_web_decision.pdf-circumstances in any given case that may make it appropriate to allow a teacher to apply ./Newton-BadmanDavid_web_decision.pdf-to have the prohibition order reviewed after a specified period of time that may not be ./Newton-BadmanDavid_web_decision.pdf-less than 2 years. ./Newton-BadmanDavid_web_decision.pdf- ./Newton-BadmanDavid_web_decision.pdf-The Advice indicates that there are behaviours that, if proven, would militate against a ./Newton-BadmanDavid_web_decision.pdf:review period being recommended. One of these behaviours includes serious sexual ./Newton-BadmanDavid_web_decision.pdf:misconduct, e.g. where the act was sexually motivated and resulted in or had the ./Newton-BadmanDavid_web_decision.pdf-potential to result in, harm to a person or persons, particularly where the individual has ./Newton-BadmanDavid_web_decision.pdf-used their professional position to influence or exploit a person or persons. ./Newton-BadmanDavid_web_decision.pdf- ./Newton-BadmanDavid_web_decision.pdf-The panel has found that Mr Newton-Badman abused his position as a teacher and the ./Newton-BadmanDavid_web_decision.pdf-trust built up with pupils, to behave in an inappropriate and predatory manner with pupils, ./Newton-BadmanDavid_web_decision.pdf:resulting in him sexually touching Pupil A and persistently sending sexualised messages ./Newton-BadmanDavid_web_decision.pdf-to pupils. The panel do not consider that Mr Newton-Badman has shown sufficient insight ./Newton-BadmanDavid_web_decision.pdf-or remorse for his actions or the impact they have had upon the individuals involved. ./Newton-BadmanDavid_web_decision.pdf-Consequently, the panel felt the findings indicated a situation in which a review period ./Newton-BadmanDavid_web_decision.pdf-would not be appropriate and as such decided that it would be proportionate in all the ./Newton-BadmanDavid_web_decision.pdf-circumstances for the prohibition order to be recommended without provisions for a ./Newton-BadmanDavid_web_decision.pdf-review period. ./Newton-BadmanDavid_web_decision.pdf- ./Newton-BadmanDavid_web_decision.pdf- ./Newton-BadmanDavid_web_decision.pdf-Decision and reasons on behalf of the Secretary of State ./Newton-BadmanDavid_web_decision.pdf-I have given very careful consideration to this case and to the recommendations made to -- ./Newton-BadmanDavid_web_decision.pdf- practices of the school in which they teach, and maintain high standards ./Newton-BadmanDavid_web_decision.pdf-  teachers must have an understanding of, and always act within, the statutory ./Newton-BadmanDavid_web_decision.pdf- frameworks which set out their professional duties and responsibilities ./Newton-BadmanDavid_web_decision.pdf- ./Newton-BadmanDavid_web_decision.pdf- ./Newton-BadmanDavid_web_decision.pdf-The panel was satisfied that the conduct of Mr Newton-Badman, which involved sending ./Newton-BadmanDavid_web_decision.pdf-inappropriate messages to former pupils (under the age of 18) and inappropriate physical ./Newton-BadmanDavid_web_decision.pdf-contact with the concerned individuals, fell significantly short of the standards expected of ./Newton-BadmanDavid_web_decision.pdf-the profession. ./Newton-BadmanDavid_web_decision.pdf- ./Newton-BadmanDavid_web_decision.pdf:The panel also found that the offence of sexual activity was relevant. In addition the ./Newton-BadmanDavid_web_decision.pdf-panel noted that some of the allegations took place outside of the education setting. The ./Newton-BadmanDavid_web_decision.pdf-panel noted that the facts surrounding the allegations were not said to have impacted the ./Newton-BadmanDavid_web_decision.pdf-manner in which Mr Newton-Badman fulfilled his role as a teacher. However, the panel ./Newton-BadmanDavid_web_decision.pdf-were clear that they found evidence from the underlying facts that Mr Newton-Badman’s ./Newton-BadmanDavid_web_decision.pdf-conduct may have led to pupil’s being exposed to or influenced by his behaviour in a ./Newton-BadmanDavid_web_decision.pdf:harmful way; not least due to the persistent sexualised nature of the messages to Pupil ./Newton-BadmanDavid_web_decision.pdf-A. ./Newton-BadmanDavid_web_decision.pdf- ./Newton-BadmanDavid_web_decision.pdf-The panel also found the behaviours set out below to be present: ./Newton-BadmanDavid_web_decision.pdf- ./Newton-BadmanDavid_web_decision.pdf-  serious departure from the personal and professional conduct elements of the ./Newton-BadmanDavid_web_decision.pdf- Teachers’ Standards ./Newton-BadmanDavid_web_decision.pdf- ./Newton-BadmanDavid_web_decision.pdf-  misconduct seriously affecting the education and/or well-being of pupils, and ./Newton-BadmanDavid_web_decision.pdf- particularly where there is a continuing risk ./Newton-BadmanDavid_web_decision.pdf- ./Newton-BadmanDavid_web_decision.pdf- ./Newton-BadmanDavid_web_decision.pdf-  a deep-seated attitude that leads to harmful behaviour ./Newton-BadmanDavid_web_decision.pdf- ./Newton-BadmanDavid_web_decision.pdf- ./Newton-BadmanDavid_web_decision.pdf-  abuse of position or trust (particularly involving vulnerable pupils) or violation of the ./Newton-BadmanDavid_web_decision.pdf- rights of pupils ./Newton-BadmanDavid_web_decision.pdf- ./Newton-BadmanDavid_web_decision.pdf- ./Newton-BadmanDavid_web_decision.pdf:  sexual misconduct, e.g. involving actions that were sexually motivated or of a ./Newton-BadmanDavid_web_decision.pdf: sexual nature and/or that use or exploit the trust, knowledge or influence derived ./Newton-BadmanDavid_web_decision.pdf- from the individual’s professional position ./Newton-BadmanDavid_web_decision.pdf- ./Newton-BadmanDavid_web_decision.pdf- ./Newton-BadmanDavid_web_decision.pdf- ./Newton-BadmanDavid_web_decision.pdf- ./Newton-BadmanDavid_web_decision.pdf- 27 ./Newton-BadmanDavid_web_decision.pdf- -- ./Newton-BadmanDavid_web_decision.pdf-the teacher in the profession. ./Newton-BadmanDavid_web_decision.pdf- ./Newton-BadmanDavid_web_decision.pdf-For all these reasons I support the recommendation of the panel in this case. In my view ./Newton-BadmanDavid_web_decision.pdf-a prohibition order is both proportionate and in the public interest. ./Newton-BadmanDavid_web_decision.pdf- ./Newton-BadmanDavid_web_decision.pdf-I have gone on to consider the matter of a review period. I have again taken careful ./Newton-BadmanDavid_web_decision.pdf-account of the published advice and also the need to balance the public interest with the ./Newton-BadmanDavid_web_decision.pdf-interests of the teacher. The panel has recommended that there should be no review ./Newton-BadmanDavid_web_decision.pdf-period. Mr Newton-Badman abused his position as a teacher and the trust built up with ./Newton-BadmanDavid_web_decision.pdf-pupils, to behave in an inappropriate and predatory manner with pupils, resulting in him ./Newton-BadmanDavid_web_decision.pdf:sexually touching Pupil A and persistently sending sexualised messages to pupils. ./Newton-BadmanDavid_web_decision.pdf- ./Newton-BadmanDavid_web_decision.pdf-I have noted that the panel do not consider that Mr Newton-Badman has shown sufficient ./Newton-BadmanDavid_web_decision.pdf-insight or remorse for his actions or the impact they have had upon the individuals ./Newton-BadmanDavid_web_decision.pdf-involved. ./Newton-BadmanDavid_web_decision.pdf- ./Newton-BadmanDavid_web_decision.pdf:Balancing the lack of insight and remorse with the sexually motivated nature of the ./Newton-BadmanDavid_web_decision.pdf-behaviours I have decided to agree with the panel. In my view a decision not to allow for ./Newton-BadmanDavid_web_decision.pdf-a review period is proportionate and in the public interest. ./Newton-BadmanDavid_web_decision.pdf- ./Newton-BadmanDavid_web_decision.pdf-This means that Mr David Newton-Badman is prohibited from teaching indefinitely ./Newton-BadmanDavid_web_decision.pdf-and cannot teach in any school, sixth form college, relevant youth accommodation ./Newton-BadmanDavid_web_decision.pdf-or children’s home in England. Furthermore, in view of the seriousness of the ./Newton-BadmanDavid_web_decision.pdf-allegations found proved against him, I have decided that Mr David Newton-Badman ./Newton-BadmanDavid_web_decision.pdf-shall not be entitled to apply for restoration of his eligibility to teach. ./Newton-BadmanDavid_web_decision.pdf- ./Newton-BadmanDavid_web_decision.pdf-This order takes effect from the date on which it is served on the teacher. ./No_order_made_Geoffrey_Bettley.pdf- ./No_order_made_Geoffrey_Bettley.pdf-The Panel has taken into account that the Independent Safeguarding Authority has ./No_order_made_Geoffrey_Bettley.pdf-decided to remove Mr Bettley’s name from the Children’s Barred List and the Adult’s ./No_order_made_Geoffrey_Bettley.pdf-Barred List. Moreover there is a report in the papers from Leeds Children and Young ./No_order_made_Geoffrey_Bettley.pdf-Peoples Social Care dated 9 September 2011 which concludes that Mr Bettley ./No_order_made_Geoffrey_Bettley.pdf-poses little risk in the context of the matters that the report was considering. It refers ./No_order_made_Geoffrey_Bettley.pdf-to him having taken responsibility for his actions and showing increased ./No_order_made_Geoffrey_Bettley.pdf-understanding as to what led to him viewing the images. He has shown remorse and ./No_order_made_Geoffrey_Bettley.pdf-victim empathy. The report states that his pattern of viewing images also indicates ./No_order_made_Geoffrey_Bettley.pdf-that he was not preoccupied with this behaviour and that he does not present as ./No_order_made_Geoffrey_Bettley.pdf:having a sexual interest in children. The Panel therefore considers it safe to ./No_order_made_Geoffrey_Bettley.pdf-conclude that he does not pose a risk to children. ./No_order_made_Geoffrey_Bettley.pdf- ./No_order_made_Geoffrey_Bettley.pdf-The Panel must bear in mind the wider public interest which includes maintenance of ./No_order_made_Geoffrey_Bettley.pdf-public confidence in the profession and upholding proper standards of conduct. It is ./No_order_made_Geoffrey_Bettley.pdf-right to observe that the caution which he has received will remain a matter of public ./No_order_made_Geoffrey_Bettley.pdf-record and will show up on any CRB disclosure. Likewise the finding of this Panel of ./No_order_made_Geoffrey_Bettley.pdf- ./No_order_made_George_Alan_Moore.pdf-Mr George Moore was employed at The Abbey School from September 2010 to ./No_order_made_George_Alan_Moore.pdf-September 2012 as Subject Leader in the Philosophy of Religion department. ./No_order_made_George_Alan_Moore.pdf- ./No_order_made_George_Alan_Moore.pdf-Mr Moore admits that between 31 January 2012 and 18 June 2012 he exchanged emails ./No_order_made_George_Alan_Moore.pdf-with Pupil A. The majority of these emails consisted of a few words, and there was no ./No_order_made_George_Alan_Moore.pdf:sexual content or innuendo in any of the emails exchanged. ./No_order_made_George_Alan_Moore.pdf- ./No_order_made_George_Alan_Moore.pdf-In April 2012, Mr Moore approached the Director of Sixth Form at the Abbey School, ./No_order_made_George_Alan_Moore.pdf-Individual A, to seek advice on whether he should join some of his tutor group who ./No_order_made_George_Alan_Moore.pdf-had invited him to a meal in August 2012 to celebrate leaving school. Individual A ./No_order_made_George_Alan_Moore.pdf-sought advice from the Deputy Head, Individual B, who advised that Mr Moore should not ./No_order_made_George_Alan_Moore.pdf-attend or that he should attend with his wife and child, and this was communicated to Mr ./No_order_made_George_Alan_Moore.pdf-Moore by Individual A. It is agreed that Mr Moore then attended the meal alone. ./No_order_made_George_Alan_Moore.pdf- ./No_order_made_George_Alan_Moore.pdf-Mr Moore admits to meeting with Pupil A outside of school on several occasions between ./No_order_made_George_Alan_Moore.pdf-25 July and 8 or 9 September 2012. On a number of these occasions, others were -- ./No_order_made_George_Alan_Moore.pdf:recognise that there was no sexual content or innuendo in the emails exchanged. ./No_order_made_George_Alan_Moore.pdf-However, shortly after Pupil A’s exams finished, the relationship between Pupil A and Mr ./No_order_made_George_Alan_Moore.pdf-Moore became formal; Mr Moore expressed to Pupil A’s father that he loved Pupil A, and ./No_order_made_George_Alan_Moore.pdf-Pupil A told her parents that she was unwilling to break her contact with Mr Moore. The ./No_order_made_George_Alan_Moore.pdf-intensity of this relationship leads us to conclude that Mr Moore failed to establish ./No_order_made_George_Alan_Moore.pdf-appropriate boundaries with Pupil A whilst at school, which led to the establishment of a ./No_order_made_George_Alan_Moore.pdf-formal relationship shortly thereafter. ./No_order_made_George_Alan_Moore.pdf- ./No_order_made_George_Alan_Moore.pdf-Mr Moore did seek guidance from the school in respect of his attendance at a meal with a ./No_order_made_George_Alan_Moore.pdf-group of students, including Pupil A. Despite being told that he should not attend alone, ./No_order_made_George_Alan_Moore.pdf-Mr Moore disregarded this guidance and attended the meal. We consider this to fall -- ./No_order_made_George_Alan_Moore.pdf-did not consider that the protection of children and other members of the public was a ./No_order_made_George_Alan_Moore.pdf-relevant public interest consideration in these circumstances. The Panel was satisfied ./No_order_made_George_Alan_Moore.pdf-that Mr Moore’s conduct did not display the existence of a deep-seated attitude that leads ./No_order_made_George_Alan_Moore.pdf-to harmful behaviour. ./No_order_made_George_Alan_Moore.pdf- ./No_order_made_George_Alan_Moore.pdf-The Panel has been mindful of its findings that Mr Moore’s behaviour was found to be ./No_order_made_George_Alan_Moore.pdf-unacceptable professional conduct and conduct that may bring the profession into ./No_order_made_George_Alan_Moore.pdf-disrepute. Mr Moore’s conduct was a departure from the Teaching Standards, although ./No_order_made_George_Alan_Moore.pdf-the Panel considers that Mr Moore’s conduct was at the lower end of the scale. Mr ./No_order_made_George_Alan_Moore.pdf-Moore’s relationship with Pupil A took place over a relatively short period of time, was not ./No_order_made_George_Alan_Moore.pdf:of a sexual nature, and happened at a time when Pupil A was 18 and had left school ./No_order_made_George_Alan_Moore.pdf-following the end of her A-level exams. However, the Panel has been mindful of the ./No_order_made_George_Alan_Moore.pdf-public confidence in the profession, and the need to treat any departure from the ./No_order_made_George_Alan_Moore.pdf-standards with the utmost care. ./No_order_made_George_Alan_Moore.pdf- ./No_order_made_George_Alan_Moore.pdf-Notwithstanding the public interest considerations that were present, the Panel ./No_order_made_George_Alan_Moore.pdf-considered carefully whether or not it would be proportionate to impose a Prohibition ./No_order_made_George_Alan_Moore.pdf-Order taking into account the effect that this would have on Mr Moore. In forming a ./No_order_made_George_Alan_Moore.pdf-judgement in this respect, the Panel took particular account of the mitigation evidence ./No_order_made_George_Alan_Moore.pdf-that was presented to it by both Witness A, the Head of School at Mr Moore’s current ./No_order_made_George_Alan_Moore.pdf-employer, and Mr Moore himself. -- ./No_order_made_George_Alan_Moore.pdf-The panel were satisfied that Mr Moore’s conduct did not display the existence of a ./No_order_made_George_Alan_Moore.pdf-deep-seated attitude that would lead to harmful behaviour. Additionally they noted ./No_order_made_George_Alan_Moore.pdf:that the relationship took place over a short period of time, was not of a sexual ./No_order_made_George_Alan_Moore.pdf-nature, and happened at a time when the pupil concerned had left the school. ./No_order_made_George_Alan_Moore.pdf- ./No_order_made_George_Alan_Moore.pdf-The Secretary of State’s advice on factors that can be taken account of in ./No_order_made_George_Alan_Moore.pdf-mitigation when considering the appropriateness of recommending a prohibition ./No_order_made_George_Alan_Moore.pdf-order include reference to the teacher’s previously good history. The panel heard ./No_order_made_George_Alan_Moore.pdf-live evidence from Mr Moore’s current headteacher, Witness A, who described him ./No_order_made_George_Alan_Moore.pdf-as a very good teacher. Witness A explained that he was entirely happy with the ./No_order_made_George_Alan_Moore.pdf-boundaries Mr Moore has established in his new role. He had also spoken to Mr ./No_order_made_George_Alan_Moore.pdf-Moore’s previous headteacher who expressed her view that Mr Moore was not a ./No_order_made_George_Alan_Moore.pdf-threat to children. ./No_order_made_Mr_Andrew_Gillies.pdf- 3 ./No_order_made_Mr_Andrew_Gillies.pdf- ./No_order_made_Mr_Andrew_Gillies.pdf- ./No_order_made_Mr_Andrew_Gillies.pdf-With the assistance of his Trade Union, Mr Gillies made a witness statement for the ./No_order_made_Mr_Andrew_Gillies.pdf-Panel’s attention. This was lengthy but in summary:- ./No_order_made_Mr_Andrew_Gillies.pdf- ./No_order_made_Mr_Andrew_Gillies.pdf-a) His contact with the student during the school holidays was motivated by ./No_order_made_Mr_Andrew_Gillies.pdf: trying to support her in dealing with the repercussions of the sexual abuse ./No_order_made_Mr_Andrew_Gillies.pdf- which she had suffered from her piano teacher. ./No_order_made_Mr_Andrew_Gillies.pdf- ./No_order_made_Mr_Andrew_Gillies.pdf-b) It had been alleged that he had bought pupil A a mobile telephone, but he ./No_order_made_Mr_Andrew_Gillies.pdf- categorically denied that. ./No_order_made_Mr_Andrew_Gillies.pdf- ./No_order_made_Mr_Andrew_Gillies.pdf-c) He also refuted any allegations that his contact with Pupil A was motivated by ./No_order_made_Mr_Andrew_Gillies.pdf- any inappropriate intent. ./No_order_made_Mr_Andrew_Gillies.pdf- ./No_order_made_Mr_Andrew_Gillies.pdf-d) He accepted that with hindsight his actions could be seen as irresponsible ./No_order_made_Mr_Andrew_Gillies.pdf- and inappropriate but at the time he found himself in a difficult situation. -- ./No_order_made_Mr_Andrew_Gillies.pdf-during term time, in relation to Pupil A, during the subsequent school holidays you ./No_order_made_Mr_Andrew_Gillies.pdf-failed to involve other agencies – as well as school colleagues and other adults – in ./No_order_made_Mr_Andrew_Gillies.pdf-this student’s welfare. You therefore found yourself in a position in which you ./No_order_made_Mr_Andrew_Gillies.pdf-overstepped the boundaries which should have existed between yourself and Pupil ./No_order_made_Mr_Andrew_Gillies.pdf-A. ./No_order_made_Mr_Andrew_Gillies.pdf- ./No_order_made_Mr_Andrew_Gillies.pdf-Accordingly, we have found unacceptable professional conduct in this case. ./No_order_made_Mr_Andrew_Gillies.pdf- ./No_order_made_Mr_Andrew_Gillies.pdf-Determination of Sanction ./No_order_made_Mr_Andrew_Gillies.pdf- ./No_order_made_Mr_Andrew_Gillies.pdf:The Panel has noted that there is no evidence of any sexual impropriety in your ./No_order_made_Mr_Andrew_Gillies.pdf-relationship with Pupil A. You told us that you believed that you were helping a ./No_order_made_Mr_Andrew_Gillies.pdf-vulnerable pupil who was in distress. It appears that you had come to the view that ./No_order_made_Mr_Andrew_Gillies.pdf-the responsibility of keeping her safe during the school holidays fell on your ./No_order_made_Mr_Andrew_Gillies.pdf-shoulders alone. This led you into a serious error of judgement, which on your own ./No_order_made_Mr_Andrew_Gillies.pdf-acknowledgement, placed you in contravention of your school’s safeguarding policy. ./No_order_made_Mr_Andrew_Gillies.pdf-We do, however, also suspect that you allowed yourself to be influenced by Pupil A’s ./No_order_made_Mr_Andrew_Gillies.pdf-emotional messages and, in particular, her threats to self-harm. We also suspect that ./No_order_made_Mr_Andrew_Gillies.pdf-while the school was content to allow you to lead on this matter during term time, you ./No_order_made_Mr_Andrew_Gillies.pdf-may not have received as much support from the school in the holidays as would ./No_order_made_Mr_Andrew_Gillies.pdf-have been desirable. -- ./No_order_made_Mr_Andrew_Gillies.pdf-Your conduct however, does not reach the threshold that would justify taking steps to ./No_order_made_Mr_Andrew_Gillies.pdf-protect pupils, or the public interest. We have therefore concluded that it would not ./No_order_made_Mr_Andrew_Gillies.pdf-be proportionate to recommend to the Secretary of State that he should make a ./No_order_made_Mr_Andrew_Gillies.pdf-prohibition order. ./No_order_made_Mr_Andrew_Gillies.pdf- ./No_order_made_Mr_Andrew_Gillies.pdf- ./No_order_made_Mr_Andrew_Gillies.pdf-Secretary of State’s Decision and Reasons ./No_order_made_Mr_Andrew_Gillies.pdf- ./No_order_made_Mr_Andrew_Gillies.pdf-I have considered carefully the recommendation made by the panel in this case. ./No_order_made_Mr_Andrew_Gillies.pdf-Although there was a serious error of judgement made by the teacher in this case, ./No_order_made_Mr_Andrew_Gillies.pdf:the panel has taken into account the fact there was no evidence of any sexual ./No_order_made_Mr_Andrew_Gillies.pdf-impropriety in the relationship between the teacher and Pupil A. For the reasons ./No_order_made_Mr_Andrew_Gillies.pdf-given I therefore accept the recommendation made by the panel that Mr Andrew ./No_order_made_Mr_Andrew_Gillies.pdf-Gillies should not be made the subject of a prohibition order. ./No_order_made_Mr_Andrew_Gillies.pdf- ./No_order_made_Mr_Andrew_Gillies.pdf- ./No_order_made_Mr_Andrew_Gillies.pdf- ./No_order_made_Mr_Andrew_Gillies.pdf- ./No_order_made_Mr_Andrew_Gillies.pdf-NAME OF DECISION MAKER: Alan Meyrick ./No_order_made_Mr_Andrew_Gillies.pdf-Date: 9 May 2012 ./No_order_made_Mr_Andrew_Gillies.pdf- ./No_order_made_Mr_Andrew_Simon_Bartholomew_Holt.pdf- ./No_order_made_Mr_Andrew_Simon_Bartholomew_Holt.pdf- ./No_order_made_Mr_Andrew_Simon_Bartholomew_Holt.pdf-Teacher: Mr Andrew Simon Bartholomew Holt ./No_order_made_Mr_Andrew_Simon_Bartholomew_Holt.pdf- ./No_order_made_Mr_Andrew_Simon_Bartholomew_Holt.pdf-Teacher date of birth: ./No_order_made_Mr_Andrew_Simon_Bartholomew_Holt.pdf- ./No_order_made_Mr_Andrew_Simon_Bartholomew_Holt.pdf-TA Case ref no: 5076 ./No_order_made_Mr_Andrew_Simon_Bartholomew_Holt.pdf- ./No_order_made_Mr_Andrew_Simon_Bartholomew_Holt.pdf-Date of Determination: 14 August 2012 ./No_order_made_Mr_Andrew_Simon_Bartholomew_Holt.pdf- ./No_order_made_Mr_Andrew_Simon_Bartholomew_Holt.pdf:Former Employer: Felsted School, Essex ./No_order_made_Mr_Andrew_Simon_Bartholomew_Holt.pdf- ./No_order_made_Mr_Andrew_Simon_Bartholomew_Holt.pdf-A. Introduction ./No_order_made_Mr_Andrew_Simon_Bartholomew_Holt.pdf- ./No_order_made_Mr_Andrew_Simon_Bartholomew_Holt.pdf-A Professional Conduct Panel (“the Panel”) of the Teaching Agency convened on 14 ./No_order_made_Mr_Andrew_Simon_Bartholomew_Holt.pdf-August 2012 at 53-55 Butts Road, Earlsdon Park, Coventry, CV1 3BH to consider ./No_order_made_Mr_Andrew_Simon_Bartholomew_Holt.pdf-the case of Andrew Simon Bartholomew Holt. ./No_order_made_Mr_Andrew_Simon_Bartholomew_Holt.pdf- ./No_order_made_Mr_Andrew_Simon_Bartholomew_Holt.pdf-The Panel members were Dr Roland Kitchen (Lay Panellist– in the Chair), Mr John ./No_order_made_Mr_Andrew_Simon_Bartholomew_Holt.pdf-Pemberton (Professional Panellist) and Ms Jean Carter (Lay Panellist). ./No_order_made_Mr_Andrew_Simon_Bartholomew_Holt.pdf- -- ./No_order_made_Mr_Andrew_Simon_Bartholomew_Holt.pdf-Ms Atkin addressed the Panel on the facts and unacceptable professional conduct ./No_order_made_Mr_Andrew_Simon_Bartholomew_Holt.pdf-by reference to the documents in bundle and General Teaching Council’s Code of ./No_order_made_Mr_Andrew_Simon_Bartholomew_Holt.pdf-Conduct and Practice for Registered Teachers, effective from 1 October 2009. ./No_order_made_Mr_Andrew_Simon_Bartholomew_Holt.pdf- ./No_order_made_Mr_Andrew_Simon_Bartholomew_Holt.pdf-Mr Anderson confirmed that Mr Holt wished the Panel to consider his statement on ./No_order_made_Mr_Andrew_Simon_Bartholomew_Holt.pdf-page 52 of the bundle as his account of the matter. That was the statement he ./No_order_made_Mr_Andrew_Simon_Bartholomew_Holt.pdf-provided for the school disciplinary hearing and he had not changed his position ./No_order_made_Mr_Andrew_Simon_Bartholomew_Holt.pdf-since then. Mr Holt had not denied anything, even though there were no witnesses, ./No_order_made_Mr_Andrew_Simon_Bartholomew_Holt.pdf-and he had recognised the seriousness of the matter. There were some ./No_order_made_Mr_Andrew_Simon_Bartholomew_Holt.pdf-discrepancies in the accounts of the matter but the issues in dispute were minor and ./No_order_made_Mr_Andrew_Simon_Bartholomew_Holt.pdf:Mr Holt had apologised to Pupil A and the school. There was no ulterior or sexual ./No_order_made_Mr_Andrew_Simon_Bartholomew_Holt.pdf-motive and Mr Holt had given an assurance about his future conduct. Mr Anderson ./No_order_made_Mr_Andrew_Simon_Bartholomew_Holt.pdf-went through Mr Holt’s answers to his questions, addressed the contents of the ./No_order_made_Mr_Andrew_Simon_Bartholomew_Holt.pdf-pupils’ statements and answered various questions from the Panel, in particular in ./No_order_made_Mr_Andrew_Simon_Bartholomew_Holt.pdf-relation to Mr Holt’s suspension. ./No_order_made_Mr_Andrew_Simon_Bartholomew_Holt.pdf- ./No_order_made_Mr_Andrew_Simon_Bartholomew_Holt.pdf-Closing addresses ./No_order_made_Mr_Andrew_Simon_Bartholomew_Holt.pdf- ./No_order_made_Mr_Andrew_Simon_Bartholomew_Holt.pdf-After the Panel had announced its decision in relation to the facts and unacceptable ./No_order_made_Mr_Andrew_Simon_Bartholomew_Holt.pdf-professional conduct Ms Atkin and Mr Anderson addressed the Panel on sanction. ./No_order_made_Mr_Andrew_Simon_Bartholomew_Holt.pdf-They referred the Panel to the guidance on that and Panel’s role in balancing the -- ./No_order_made_Mr_Andrew_Simon_Bartholomew_Holt.pdf- ./No_order_made_Mr_Andrew_Simon_Bartholomew_Holt.pdf-D. Decision and Reasons ./No_order_made_Mr_Andrew_Simon_Bartholomew_Holt.pdf- ./No_order_made_Mr_Andrew_Simon_Bartholomew_Holt.pdf-The Panel announced its decision and reasons as follows: ./No_order_made_Mr_Andrew_Simon_Bartholomew_Holt.pdf- ./No_order_made_Mr_Andrew_Simon_Bartholomew_Holt.pdf-We have now carefully considered the case before us and have reached a decision. ./No_order_made_Mr_Andrew_Simon_Bartholomew_Holt.pdf- ./No_order_made_Mr_Andrew_Simon_Bartholomew_Holt.pdf-We confirm that we have read all the documents provided in the bundle in advance ./No_order_made_Mr_Andrew_Simon_Bartholomew_Holt.pdf-of the hearing. ./No_order_made_Mr_Andrew_Simon_Bartholomew_Holt.pdf- ./No_order_made_Mr_Andrew_Simon_Bartholomew_Holt.pdf:It is alleged that whilst employed at Felsted School, Essex, Mr Holt changed his ./No_order_made_Mr_Andrew_Simon_Bartholomew_Holt.pdf-outer clothing in the presence of a female pupil. ./No_order_made_Mr_Andrew_Simon_Bartholomew_Holt.pdf- ./No_order_made_Mr_Andrew_Simon_Bartholomew_Holt.pdf-Findings of fact ./No_order_made_Mr_Andrew_Simon_Bartholomew_Holt.pdf- ./No_order_made_Mr_Andrew_Simon_Bartholomew_Holt.pdf-Our findings of fact are as follows: ./No_order_made_Mr_Andrew_Simon_Bartholomew_Holt.pdf- ./No_order_made_Mr_Andrew_Simon_Bartholomew_Holt.pdf-We have found the following particulars of the allegation against Mr Holt proven, for ./No_order_made_Mr_Andrew_Simon_Bartholomew_Holt.pdf-these reasons: ./No_order_made_Mr_Andrew_Simon_Bartholomew_Holt.pdf- ./No_order_made_Mr_Andrew_Simon_Bartholomew_Holt.pdf-On 25 February 2010, despite having previously received a final written warning -- ./No_order_made_Mr_Andrew_Simon_Bartholomew_Holt.pdf- ./No_order_made_Mr_Andrew_Simon_Bartholomew_Holt.pdf-Mr Holt’s actions breached the General Teaching Council’s Code of Conduct and ./No_order_made_Mr_Andrew_Simon_Bartholomew_Holt.pdf-Practice for Registered Teachers, effective from 1 October 2009. Specifically: ./No_order_made_Mr_Andrew_Simon_Bartholomew_Holt.pdf- ./No_order_made_Mr_Andrew_Simon_Bartholomew_Holt.pdf- Under principle [1] he failed to establish and maintain professional boundaries in ./No_order_made_Mr_Andrew_Simon_Bartholomew_Holt.pdf- his relationship with a pupil. ./No_order_made_Mr_Andrew_Simon_Bartholomew_Holt.pdf- ./No_order_made_Mr_Andrew_Simon_Bartholomew_Holt.pdf- Under principle [8] he failed to uphold public trust and confidence in the teaching ./No_order_made_Mr_Andrew_Simon_Bartholomew_Holt.pdf- profession by failing to maintain reasonable standards in his behaviour. ./No_order_made_Mr_Andrew_Simon_Bartholomew_Holt.pdf- ./No_order_made_Mr_Andrew_Simon_Bartholomew_Holt.pdf:We accept that there was no sexual motivation to Mr Holt’s behaviour and have ./No_order_made_Mr_Andrew_Simon_Bartholomew_Holt.pdf-noted that neither Pupil A nor her parents were unduly concerned about the incident. ./No_order_made_Mr_Andrew_Simon_Bartholomew_Holt.pdf-Nevertheless we echo the statement made by Mr Holt’s headteacher, Dr Walker, in ./No_order_made_Mr_Andrew_Simon_Bartholomew_Holt.pdf-the notes of the appeal at page 40 of the bundle, that it was clearly unprofessional ./No_order_made_Mr_Andrew_Simon_Bartholomew_Holt.pdf-for Mr Holt to change his clothes in front of a pupil, regardless of how innocent the ./No_order_made_Mr_Andrew_Simon_Bartholomew_Holt.pdf-circumstances. ./No_order_made_Mr_Andrew_Simon_Bartholomew_Holt.pdf- ./No_order_made_Mr_Andrew_Simon_Bartholomew_Holt.pdf-Panel’s Recommendation to the Secretary of State ./No_order_made_Mr_Andrew_Simon_Bartholomew_Holt.pdf- ./No_order_made_Mr_Andrew_Simon_Bartholomew_Holt.pdf-When considering what sanction, if any, to recommend we have had regard to “The ./No_order_made_Mr_Andrew_Simon_Bartholomew_Holt.pdf-Prohibition of Teachers – Department for Education advice on factors relating to ./No_order_made_Mr_Brian_OConnor.pdf-The Panel carefully considered the Teaching Agency guidance on the issuing of ./No_order_made_Mr_Brian_OConnor.pdf-prohibition orders. It recommends to the Secretary of State that no sanction is ./No_order_made_Mr_Brian_OConnor.pdf-appropriate in this case. ./No_order_made_Mr_Brian_OConnor.pdf- ./No_order_made_Mr_Brian_OConnor.pdf-The Panel is mindful that it must be proportionate in its recommendation and weigh ./No_order_made_Mr_Brian_OConnor.pdf-up both the public interest and the interests of Mr O’Connor. ./No_order_made_Mr_Brian_OConnor.pdf- ./No_order_made_Mr_Brian_OConnor.pdf-In reaching its decision the Panel has taken into account the fact that Mr O’Connor ./No_order_made_Mr_Brian_OConnor.pdf-admitted one of the factual allegations and admitted that this amounted to ./No_order_made_Mr_Brian_OConnor.pdf-unacceptable professional conduct. Additionally it has noted that the conduct took ./No_order_made_Mr_Brian_OConnor.pdf:place over a relatively short period and involved no overt sexual comments. ./No_order_made_Mr_Brian_OConnor.pdf- ./no_order_made_mr_charles_carter.pdf-Having found the facts of the allegation proved, we considered whether your actions ./no_order_made_mr_charles_carter.pdf-amount to unacceptable professional conduct. You have admitted that they do, but ./no_order_made_mr_charles_carter.pdf-we have to be satisfied of this for ourselves. We have had regard both to the 2009 ./no_order_made_mr_charles_carter.pdf-Code of Conduct and Practice of the General Teaching Council, and to Part 2 of ./no_order_made_mr_charles_carter.pdf-Teachers Standards, promulgated by DfE in April 2012. ./no_order_made_mr_charles_carter.pdf- ./no_order_made_mr_charles_carter.pdf-In a recorded police interview on 10 November 2010, you described your relations ./no_order_made_mr_charles_carter.pdf-with Pupil A. This was a 13 year old girl who had been a pupil in your form tutor ./no_order_made_mr_charles_carter.pdf-group in the previous school year. You may have allowed yourself to be manipulated ./no_order_made_mr_charles_carter.pdf-by her and in your police interview you accepted that you were ‘taken with her’ and ./no_order_made_mr_charles_carter.pdf:that with hindsight this was ‘ludicrous’. We accept that there was no sexual ./no_order_made_mr_charles_carter.pdf-impropriety – and that you intended none - but you allowed yourself to become ./no_order_made_mr_charles_carter.pdf-inappropriately close to her. It is to your credit that you stopped communication with ./no_order_made_mr_charles_carter.pdf-her in July 2010, and that in October 2010 you decided to hand in your notice after ./no_order_made_mr_charles_carter.pdf-Pupil A sought to involve herself with you again. ./no_order_made_mr_charles_carter.pdf- ./no_order_made_mr_charles_carter.pdf-We are satisfied that the admissions made by you – even allowing for our doubts ./no_order_made_mr_charles_carter.pdf-about the drafting of the Statement of Agreed Facts, and about some of the ./no_order_made_mr_charles_carter.pdf-supporting evidence – do amount to conduct which falls significantly short of the ./no_order_made_mr_charles_carter.pdf-conduct expected of a teacher. Taking Pupil A out of school for visits to the shops ./no_order_made_mr_charles_carter.pdf-was more than unwise; it failed to observe well-established safeguarding ./no_order_made_mr_charles_carter.pdf-procedures. The nature of these communications on Facebook also went beyond ./no_order_made_mr_charles_carter.pdf-what is professionally acceptable for a teacher, as did giving Pupil A money and ./no_order_made_mr_charles_carter.pdf-going for a walk with her without her parents’ knowledge. In the last of these, a ./no_order_made_mr_charles_carter.pdf-second pupil was present. Although that will have reduced any safeguarding risks, it ./no_order_made_mr_charles_carter.pdf-does not make the conduct acceptable. ./no_order_made_mr_charles_carter.pdf- ./no_order_made_mr_charles_carter.pdf-We have also concluded that this was conduct which may bring the profession into ./no_order_made_mr_charles_carter.pdf:disrepute, as it might give the public the impression that you were ‘grooming’ Pupil A. ./no_order_made_mr_charles_carter.pdf-We accept however, that this was not your intention. ./no_order_made_mr_charles_carter.pdf- ./no_order_made_mr_charles_carter.pdf- ./no_order_made_mr_charles_carter.pdf-E. P a nel ’s Rec omme nda tion to the S e c re tar y of S tate ./no_order_made_mr_charles_carter.pdf- ./no_order_made_mr_charles_carter.pdf-Having made its decision, the Panel has considered whether it is necessary to ./no_order_made_mr_charles_carter.pdf-recommend to the Secretary of State, that he make a prohibition order. ./no_order_made_mr_charles_carter.pdf- -- ./no_order_made_mr_charles_carter.pdf-a recommendation for a prohibition order is appropriate, the Panel has weighed ./no_order_made_mr_charles_carter.pdf-those considerations against the interests of the teacher. ./no_order_made_mr_charles_carter.pdf- ./no_order_made_mr_charles_carter.pdf-The Panel has concluded that it would not be proportionate in this particular case, to ./no_order_made_mr_charles_carter.pdf-make a recommendation for prohibition. However, the Panel feels it necessary to ./no_order_made_mr_charles_carter.pdf-comment that this teacher seemed to be woefully ignorant of how far to go as a ./no_order_made_mr_charles_carter.pdf-caring teacher without stepping outside the boundaries advised by safeguarding ./no_order_made_mr_charles_carter.pdf-guidance. ./no_order_made_mr_charles_carter.pdf- ./no_order_made_mr_charles_carter.pdf-The Panel does not believe that any children are at risk from Mr Carter. There was ./no_order_made_mr_charles_carter.pdf:no sexual impropriety. The Panel had the benefit of seeing Mr Carter’s demeanour in ./no_order_made_mr_charles_carter.pdf-a recorded police interview, and considers him to be vulnerable himself. He has ./no_order_made_mr_charles_carter.pdf-shown insight, recognising that his actions had been ‘ludicrous’. He demonstrated a ./no_order_made_mr_charles_carter.pdf-high degree of remorse in the interview. ./no_order_made_mr_charles_carter.pdf- ./no_order_made_mr_charles_carter.pdf-Mr Carter is now 65. He voluntarily resigned from his teaching post as a result of his ./no_order_made_mr_charles_carter.pdf-decision not to let himself be put in a difficult position with Pupil A. Taking into ./no_order_made_mr_charles_carter.pdf-account his age, his ongoing poor health and his straightforward explanations to ./no_order_made_mr_charles_carter.pdf-police and the Teaching Agency, the Panel does not recommend a prohibition order. ./no_order_made_mr_charles_carter.pdf-Such an order in this case would be purely punitive. ./no_order_made_mr_charles_carter.pdf- -- ./no_order_made_mr_charles_carter.pdf- 6 ./no_order_made_mr_charles_carter.pdf- ./no_order_made_mr_charles_carter.pdf- ./no_order_made_mr_charles_carter.pdf:There was no sexual impropriety involved with this case and the panel believes that ./no_order_made_mr_charles_carter.pdf-no children are at risk from Mr Carter. Whilst he was judged to be woefully ignorant ./no_order_made_mr_charles_carter.pdf-of how far to go as a caring teacher, he has shown both remorse and insight with ./no_order_made_mr_charles_carter.pdf-regard to his actions. ./no_order_made_mr_charles_carter.pdf- ./no_order_made_mr_charles_carter.pdf-In all the circumstances I support the panel’s recommendation that a prohibition ./no_order_made_mr_charles_carter.pdf-order would be purely punitive and therefore no sanction should be applied . ./no_order_made_mr_charles_carter.pdf- ./no_order_made_mr_charles_carter.pdf- ./no_order_made_mr_charles_carter.pdf- ./no_order_made_mr_charles_carter.pdf- ./No_order_made_Mr_David_Jamieson.pdf- 4 ./No_order_made_Mr_David_Jamieson.pdf- ./No_order_made_Mr_David_Jamieson.pdf- ./No_order_made_Mr_David_Jamieson.pdf:conducted by the school. There was no suggestion or allegation of sexual ./No_order_made_Mr_David_Jamieson.pdf-impropriety on the part of Mr Jamieson. The medical reports had not been ./No_order_made_Mr_David_Jamieson.pdf-authenticated. ./No_order_made_Mr_David_Jamieson.pdf- ./No_order_made_Mr_David_Jamieson.pdf-Witness B gave evidence in accordance with his statement at pages 12-16 of the ./No_order_made_Mr_David_Jamieson.pdf-bundle. Witness B explained the relevant School policies applicable to boundaries ./No_order_made_Mr_David_Jamieson.pdf-with pupils and the occasions and means by which such policies were drawn to the ./No_order_made_Mr_David_Jamieson.pdf-attention of the staff. Witness B suggested it was clear that the policies applied to ./No_order_made_Mr_David_Jamieson.pdf-former pupils under the age of 18. In October 2009 Mr Jamieson was captured on ./No_order_made_Mr_David_Jamieson.pdf-school video leaving the school with two female pupils at 5.45 pm. Witness B asked ./No_order_made_Mr_David_Jamieson.pdf-his deputy, Individual G, to explain the need to Mr Jamieson for him to follow the ./No_order_made_Mr_Matthew_John_Steele.pdf- f) Shagoholic ./No_order_made_Mr_Matthew_John_Steele.pdf- ./No_order_made_Mr_Matthew_John_Steele.pdf- g) Up for it, ./No_order_made_Mr_Matthew_John_Steele.pdf- ./No_order_made_Mr_Matthew_John_Steele.pdf- h) Married Affair, ./No_order_made_Mr_Matthew_John_Steele.pdf- ./No_order_made_Mr_Matthew_John_Steele.pdf- i) Facebook ./No_order_made_Mr_Matthew_John_Steele.pdf- ./No_order_made_Mr_Matthew_John_Steele.pdf-The Panel has had regard to the School’s laptop policy which stated that staff “will not ./No_order_made_Mr_Matthew_John_Steele.pdf-access offensive websites or download offensive material eg, adult content of an ./No_order_made_Mr_Matthew_John_Steele.pdf:inappropriate sexual nature which would breach safeguarding care of children if they ./No_order_made_Mr_Matthew_John_Steele.pdf- ./No_order_made_Mr_Matthew_John_Steele.pdf- 11 ./No_order_made_Mr_Matthew_John_Steele.pdf- -- ./No_order_made_Mr_Matthew_John_Steele.pdf- ./No_order_made_Mr_Matthew_John_Steele.pdf-4. On one or more occasions in 2011, he failed to adhere to professional ./No_order_made_Mr_Matthew_John_Steele.pdf-boundaries by acting in an inappropriate and / or over familiar way towards ./No_order_made_Mr_Matthew_John_Steele.pdf-Student Teacher F; ./No_order_made_Mr_Matthew_John_Steele.pdf- ./No_order_made_Mr_Matthew_John_Steele.pdf-The Panel heard evidence regarding three incidents as to when it was suggested Mr ./No_order_made_Mr_Matthew_John_Steele.pdf-Steele had failed to adhere to professional boundaries in relation to Student Teacher F. ./No_order_made_Mr_Matthew_John_Steele.pdf-One of these incidents related to a PGL trip for adventure tuition. The Panel heard ./No_order_made_Mr_Matthew_John_Steele.pdf-contradictory accounts regarding the details of this incident from the witnesses. ./No_order_made_Mr_Matthew_John_Steele.pdf-Although, it is accepted by Mr Steele that he helped Student Teacher F remove her ./No_order_made_Mr_Matthew_John_Steele.pdf:wetsuit, the Panel did not consider that there was evidence of any sexualised behaviour ./No_order_made_Mr_Matthew_John_Steele.pdf-on display to the pupils. ./No_order_made_Mr_Matthew_John_Steele.pdf- ./No_order_made_Mr_Matthew_John_Steele.pdf-The Panel also heard evidence regarding Student Teacher F having been present in Mr ./No_order_made_Mr_Matthew_John_Steele.pdf-Steele’s room during the PGL trip. The Panel concluded from the oral evidence that ./No_order_made_Mr_Matthew_John_Steele.pdf-Student Teacher F had been helping the pupils with their hairstyles in readiness for the ./No_order_made_Mr_Matthew_John_Steele.pdf-disco. ./No_order_made_Mr_Matthew_John_Steele.pdf- ./No_order_made_Mr_Matthew_John_Steele.pdf- ./No_order_made_Mr_Matthew_John_Steele.pdf- 13 ./No_order_made_Mr_Matthew_John_Steele.pdf- ./No_order_made_Mr_Paul_James_Gozzard.pdf-The contact between Mr Gozzard and Student A culminated in an agreement to ./No_order_made_Mr_Paul_James_Gozzard.pdf-meet; arranged at the instigation of Student A. At the meeting following a short ./No_order_made_Mr_Paul_James_Gozzard.pdf-conversation a brief kiss ensued between Mr Gozzard and Student A, also initiated ./No_order_made_Mr_Paul_James_Gozzard.pdf-by Student A. Following this encounter Mr Gozzard ceased all communication with ./No_order_made_Mr_Paul_James_Gozzard.pdf-Student A. Mr Gozzard acknowledges that this is also a serious breach of his ./No_order_made_Mr_Paul_James_Gozzard.pdf-professional duties. ./No_order_made_Mr_Paul_James_Gozzard.pdf- ./No_order_made_Mr_Paul_James_Gozzard.pdf-Aside from the brief kiss described above, there were no allegations of any physical ./No_order_made_Mr_Paul_James_Gozzard.pdf-relationship between Mr Gozzard and Student A during the period of communication ./No_order_made_Mr_Paul_James_Gozzard.pdf-in the autumn term 2010 or at any other point. Neither is there any evidence of a ./No_order_made_Mr_Paul_James_Gozzard.pdf:sexual or intimate nature in respect to the contact between Mr Gozzard and Student ./No_order_made_Mr_Paul_James_Gozzard.pdf-A. ./No_order_made_Mr_Paul_James_Gozzard.pdf- ./No_order_made_Mr_Paul_James_Gozzard.pdf-Matters came to the attention of the Headteacher, Individual A, in November 2011; ./No_order_made_Mr_Paul_James_Gozzard.pdf-who immediately suspended Mr Gozzard and investigated the matter further. At the ./No_order_made_Mr_Paul_James_Gozzard.pdf-earliest occasion, when the above allegations were put to Mr Gozzard at interview, ./No_order_made_Mr_Paul_James_Gozzard.pdf- -- ./No_order_made_Mr_Paul_James_Gozzard.pdf- matters may have been initiated by Student A. He was in a position of trust and his ./No_order_made_Mr_Paul_James_Gozzard.pdf- contact with Student A was highly inappropriate no matter what his intentions ./No_order_made_Mr_Paul_James_Gozzard.pdf- actually were. ./No_order_made_Mr_Paul_James_Gozzard.pdf- ./No_order_made_Mr_Paul_James_Gozzard.pdf- As we have already noted, we have had to consider this matter on the basis of ./No_order_made_Mr_Paul_James_Gozzard.pdf- hearsay evidence and the evidence of Student A comes from what Individual B ./No_order_made_Mr_Paul_James_Gozzard.pdf- relates she was told. We have also noted that there were some inconsistencies in ./No_order_made_Mr_Paul_James_Gozzard.pdf- the evidence attributed to Student A. We could not come to a conclusion about the ./No_order_made_Mr_Paul_James_Gozzard.pdf- circumstances of the kiss, which although an isolated incident is the most serious ./No_order_made_Mr_Paul_James_Gozzard.pdf- aspect of this matter. We note that Individual C, Local Authority Safeguarding ./No_order_made_Mr_Paul_James_Gozzard.pdf: Officer, concluded that there appeared to be no sexual contact between the two or ./No_order_made_Mr_Paul_James_Gozzard.pdf: evidence of incitement into a sexual relationship. Given her position we consider ./No_order_made_Mr_Paul_James_Gozzard.pdf- this is likely to be a credible assessment and one that is consistent with the ./No_order_made_Mr_Paul_James_Gozzard.pdf- evidence presented to us. ./No_order_made_Mr_Paul_James_Gozzard.pdf- ./No_order_made_Mr_Paul_James_Gozzard.pdf- Individual A confirms Mr Gozzard’s previous good history as a teacher and the regret ./No_order_made_Mr_Paul_James_Gozzard.pdf- expressed by Mr Gozzard from the outset. Further, he relates that the events in ./No_order_made_Mr_Paul_James_Gozzard.pdf- question took place during a period of serious difficulties in Mr Gozzard’s personal ./No_order_made_Mr_Paul_James_Gozzard.pdf- life. In Individual A’s testimonial, provided following Mr Gozzard’s resignation, he ./No_order_made_Mr_Paul_James_Gozzard.pdf- speaks generously of Mr Gozzard’s abilities as a teacher and his excellent ./No_order_made_Mr_Paul_James_Gozzard.pdf- commitment to the wider life of the school. We have noted that at the time of events ./No_order_made_Mr_Paul_James_Gozzard.pdf- in question Mr Gozzard was a relatively young and inexperienced teacher. ./No_order_made_Mr_Paul_Sylvester.pdf- 6 ./No_order_made_Mr_Paul_Sylvester.pdf- ./No_order_made_Mr_Paul_Sylvester.pdf- ./No_order_made_Mr_Paul_Sylvester.pdf-The Presenting Officer called Witness B, Human Resources Adviser, to give ./No_order_made_Mr_Paul_Sylvester.pdf-evidence. The Panel took her statement, found at pages 27-33, as read. ./No_order_made_Mr_Paul_Sylvester.pdf- ./No_order_made_Mr_Paul_Sylvester.pdf-In response to questions from the presenting officer, Witness B stated as follows: ./No_order_made_Mr_Paul_Sylvester.pdf- ./No_order_made_Mr_Paul_Sylvester.pdf-  She had been an adviser to the school through Barnsley Metropolitan ./No_order_made_Mr_Paul_Sylvester.pdf- Borough Council. She was aware that Mr Sylvester knew that A's husband ./No_order_made_Mr_Paul_Sylvester.pdf: had been on the sex offenders register and, in her view, there should have ./No_order_made_Mr_Paul_Sylvester.pdf- been an assessment undertaken. She referred the Panel to a draft job ./No_order_made_Mr_Paul_Sylvester.pdf- description for A – some safeguarding measures were necessary as part of ./No_order_made_Mr_Paul_Sylvester.pdf- the interview process. Her concern was that as part of the investigation there ./No_order_made_Mr_Paul_Sylvester.pdf- were a number of incidents arising. ./No_order_made_Mr_Paul_Sylvester.pdf- ./No_order_made_Mr_Paul_Sylvester.pdf-In answer to questions from the Teacher's Representative, Witness B stated as ./No_order_made_Mr_Paul_Sylvester.pdf-follows: ./No_order_made_Mr_Paul_Sylvester.pdf- ./No_order_made_Mr_Paul_Sylvester.pdf- ./No_order_made_Mr_Paul_Sylvester.pdf-  Mr Sylvester had received support and advice from HR at BMBC. This was ./No_order_made_Ms_Donna_Moore_nee_Mudford.pdf- ./No_order_made_Ms_Donna_Moore_nee_Mudford.pdf-The allegation was that Mrs Moore was guilty of unacceptable professional conduct ./No_order_made_Ms_Donna_Moore_nee_Mudford.pdf-in that:- ./No_order_made_Ms_Donna_Moore_nee_Mudford.pdf- ./No_order_made_Ms_Donna_Moore_nee_Mudford.pdf-Whilst employed at Maiden Erlegh School, Earley, Berkshire between January 2011 ./No_order_made_Ms_Donna_Moore_nee_Mudford.pdf-and May 2011, Mrs Moore: ./No_order_made_Ms_Donna_Moore_nee_Mudford.pdf- ./No_order_made_Ms_Donna_Moore_nee_Mudford.pdf- 1. failed to maintain reasonable standards in her own behaviour in that she: ./No_order_made_Ms_Donna_Moore_nee_Mudford.pdf- a. wrote a number of threatening letters, and reported to colleagues that she ./No_order_made_Ms_Donna_Moore_nee_Mudford.pdf- had received these letters, which contained: ./No_order_made_Ms_Donna_Moore_nee_Mudford.pdf: i. allegations of sexual assaults on children; ./No_order_made_Ms_Donna_Moore_nee_Mudford.pdf- -- ./No_order_made_Ms_Donna_Moore_nee_Mudford.pdf- 2 ./No_order_made_Ms_Donna_Moore_nee_Mudford.pdf- ./No_order_made_Ms_Donna_Moore_nee_Mudford.pdf- ./No_order_made_Ms_Donna_Moore_nee_Mudford.pdf: ii. allegations of sexual activity between members of staff ./No_order_made_Ms_Donna_Moore_nee_Mudford.pdf- iii. threats to kill on herself ./No_order_made_Ms_Donna_Moore_nee_Mudford.pdf- b. falsely accused a colleague, Individual A, of having sent the ./No_order_made_Ms_Donna_Moore_nee_Mudford.pdf- threatening letters to her; ./No_order_made_Ms_Donna_Moore_nee_Mudford.pdf- ./No_order_made_Ms_Donna_Moore_nee_Mudford.pdf- 2. Acted in a manner which adversely affected the morale and well-being of her ./No_order_made_Ms_Donna_Moore_nee_Mudford.pdf- colleagues, in that: ./No_order_made_Ms_Donna_Moore_nee_Mudford.pdf- ./No_order_made_Ms_Donna_Moore_nee_Mudford.pdf- a. Other members of staff felt threatened as a result of believing that ./No_order_made_Ms_Donna_Moore_nee_Mudford.pdf- someone within the school was sending letters containing threats and ./No_order_made_Ms_Donna_Moore_nee_Mudford.pdf- allegations of such a serious nature; -- ./No_order_made_Ms_Donna_Moore_nee_Mudford.pdf- ./No_order_made_Ms_Donna_Moore_nee_Mudford.pdf-We have found the facts set out in the following particulars to be proved: ./No_order_made_Ms_Donna_Moore_nee_Mudford.pdf- ./No_order_made_Ms_Donna_Moore_nee_Mudford.pdf-That whilst employed at Maiden Erlegh School, Earley, Berkshire between January ./No_order_made_Ms_Donna_Moore_nee_Mudford.pdf-2011 and May 2011, you: ./No_order_made_Ms_Donna_Moore_nee_Mudford.pdf- ./No_order_made_Ms_Donna_Moore_nee_Mudford.pdf-1. failed to maintain reasonable standards in your own behaviour in that you: ./No_order_made_Ms_Donna_Moore_nee_Mudford.pdf- ./No_order_made_Ms_Donna_Moore_nee_Mudford.pdf- a. wrote a number of threatening letters, and reported to colleagues that ./No_order_made_Ms_Donna_Moore_nee_Mudford.pdf- you had received these letters, which contained: ./No_order_made_Ms_Donna_Moore_nee_Mudford.pdf: i. allegations of sexual assaults on children; ./No_order_made_Ms_Donna_Moore_nee_Mudford.pdf: ii. allegations of sexual activity between members of staff ./No_order_made_Ms_Donna_Moore_nee_Mudford.pdf- iii. threats to kill on yourself ./No_order_made_Ms_Donna_Moore_nee_Mudford.pdf- b. falsely accused a colleague, Individual A, of having sent the ./No_order_made_Ms_Donna_Moore_nee_Mudford.pdf- threatening letters to you; ./No_order_made_Ms_Donna_Moore_nee_Mudford.pdf- ./No_order_made_Ms_Donna_Moore_nee_Mudford.pdf-2. Acted in a manner which adversely affected the morale and well-being of your ./No_order_made_Ms_Donna_Moore_nee_Mudford.pdf- colleagues, in that: ./No_order_made_Ms_Donna_Moore_nee_Mudford.pdf- ./No_order_made_Ms_Donna_Moore_nee_Mudford.pdf- a. Other members of staff felt threatened as a result of believing that ./No_order_made_Ms_Donna_Moore_nee_Mudford.pdf- someone within the school was sending letters containing threats and ./No_order_made_Ms_Donna_Moore_nee_Mudford.pdf- allegations of such a serious nature; -- ./No_order_made_Ms_Donna_Moore_nee_Mudford.pdf- ./No_order_made_Ms_Donna_Moore_nee_Mudford.pdf- We find that your actions amount to unacceptable professional conduct. Indeed, you ./No_order_made_Ms_Donna_Moore_nee_Mudford.pdf- have admitted that they do. ./No_order_made_Ms_Donna_Moore_nee_Mudford.pdf- ./No_order_made_Ms_Donna_Moore_nee_Mudford.pdf- We have had regard both to the 2009 Code of Conduct and Practice of the General ./No_order_made_Ms_Donna_Moore_nee_Mudford.pdf- Teaching Council and to Part 2 of Teachers Standards, promulgated by the ./No_order_made_Ms_Donna_Moore_nee_Mudford.pdf- Department for Education in April 2012. ./No_order_made_Ms_Donna_Moore_nee_Mudford.pdf- ./No_order_made_Ms_Donna_Moore_nee_Mudford.pdf- We accept that there is no evidence that the contents of the letters which you sent, ./No_order_made_Ms_Donna_Moore_nee_Mudford.pdf- were in any way true. In particular, there is no evidence that you have committed any ./No_order_made_Ms_Donna_Moore_nee_Mudford.pdf: sexual assaults on children, nor of any sexual activity between members of staff. ./No_order_made_Ms_Donna_Moore_nee_Mudford.pdf- ./No_order_made_Ms_Donna_Moore_nee_Mudford.pdf- You have told us that you do not understand why you engaged in this behaviour, and ./No_order_made_Ms_Donna_Moore_nee_Mudford.pdf- while you were diagnosed as suffering from depression at the time of these ./No_order_made_Ms_Donna_Moore_nee_Mudford.pdf- incidents, it is to your credit that you have not sought to defend the allegation. ./No_order_made_Ms_Donna_Moore_nee_Mudford.pdf- ./No_order_made_Ms_Donna_Moore_nee_Mudford.pdf- However, your fabricated letters led to a false accusation against a colleague, and ./No_order_made_Ms_Donna_Moore_nee_Mudford.pdf- resulted in unnecessary additional work for some of your senior colleagues. There is ./No_order_made_Ms_Donna_Moore_nee_Mudford.pdf- no doubt that your behaviour breached the applicable standards, in particular by ./No_order_made_Ms_Donna_Moore_nee_Mudford.pdf- failing to uphold public trust in the profession and failing to maintain high standards ./No_order_made_Ms_Donna_Moore_nee_Mudford.pdf- of ethics and behaviour. ./No_order_made_Ms_Hester_Barsham-Rolfe.pdf-extensive number of messages using Facebook, personal e-mails and text messages. ./No_order_made_Ms_Hester_Barsham-Rolfe.pdf-Ms Barsham-Rolfe also met with Pupil A alone outside of school on a number of ./No_order_made_Ms_Hester_Barsham-Rolfe.pdf-occasions to go running with him. ./No_order_made_Ms_Hester_Barsham-Rolfe.pdf- ./No_order_made_Ms_Hester_Barsham-Rolfe.pdf-Ms Barsham-Rolfe was confronted by Pupil A’s parents in February 2013, when they ./No_order_made_Ms_Hester_Barsham-Rolfe.pdf-learned about the relationship. She agreed to stop all non-essential contact with Pupil A. ./No_order_made_Ms_Hester_Barsham-Rolfe.pdf-However, Ms Barsham-Rolfe continued to exchange messages with Pupil A, leading to ./No_order_made_Ms_Hester_Barsham-Rolfe.pdf-her suspension from school in April 2013. ./No_order_made_Ms_Hester_Barsham-Rolfe.pdf- ./No_order_made_Ms_Hester_Barsham-Rolfe.pdf-Ms Barsham-Rolfe accepts that the relationship with Pupil A was inappropriate given her ./No_order_made_Ms_Hester_Barsham-Rolfe.pdf:role as his teacher. Whilst the relationship is not alleged to be sexual in nature, Ms ./No_order_made_Ms_Hester_Barsham-Rolfe.pdf-Barsham-Rolfe accepts that she breached a position of trust. Ms Barsham-Rolfe also ./No_order_made_Ms_Hester_Barsham-Rolfe.pdf-accepts that she failed to comply with the school’s IT policy in respect of the use of social ./No_order_made_Ms_Hester_Barsham-Rolfe.pdf-media. ./No_order_made_Ms_Hester_Barsham-Rolfe.pdf- ./No_order_made_Ms_Hester_Barsham-Rolfe.pdf-Findings of Fact ./No_order_made_Ms_Hester_Barsham-Rolfe.pdf-Our findings of fact are as follows: ./No_order_made_Ms_Hester_Barsham-Rolfe.pdf- ./No_order_made_Ms_Hester_Barsham-Rolfe.pdf-We have found the following particulars of the allegation against you proven, for these ./No_order_made_Ms_Hester_Barsham-Rolfe.pdf-reasons: ./No_order_made_Ms_Hester_Barsham-Rolfe.pdf- -- ./No_order_made_Ms_Hester_Barsham-Rolfe.pdf-Teacher Misconduct – Prohibition of Teachers Advice and having done so has found a ./No_order_made_Ms_Hester_Barsham-Rolfe.pdf-number of them to be relevant in this case, namely: ./No_order_made_Ms_Hester_Barsham-Rolfe.pdf- ./No_order_made_Ms_Hester_Barsham-Rolfe.pdf- the protection of children ./No_order_made_Ms_Hester_Barsham-Rolfe.pdf- the maintenance of public confidence in the profession ./No_order_made_Ms_Hester_Barsham-Rolfe.pdf- declaring and upholding proper standards of conduct. ./No_order_made_Ms_Hester_Barsham-Rolfe.pdf- ./No_order_made_Ms_Hester_Barsham-Rolfe.pdf-The public interest consideration in respect of the protection of children is relevant given ./No_order_made_Ms_Hester_Barsham-Rolfe.pdf-the findings of an inappropriate relationship with a pupil. Ms Barsham-Rolfe failed to ./No_order_made_Ms_Hester_Barsham-Rolfe.pdf-maintain appropriate boundaries with Pupil A. However, the evidence provided suggests ./No_order_made_Ms_Hester_Barsham-Rolfe.pdf:that the relationship was not sexual in nature, although the evidence does refer to the ./No_order_made_Ms_Hester_Barsham-Rolfe.pdf-possibility of Ms Barsham-Rolfe and Pupil A having ‘hugged’ on one occasion. The ./No_order_made_Ms_Hester_Barsham-Rolfe.pdf- ./No_order_made_Ms_Hester_Barsham-Rolfe.pdf- 7 ./No_order_made_Ms_Hester_Barsham-Rolfe.pdf- -- ./No_order_made_Ms_Hester_Barsham-Rolfe.pdf-Panel does not consider that the findings against Ms Barsham-Rolfe constitute any ./No_order_made_Ms_Hester_Barsham-Rolfe.pdf:sexual misconduct or predatory behaviour. In fact, the evidence presented suggests that ./No_order_made_Ms_Hester_Barsham-Rolfe.pdf-the relationship established with Pupil A was platonic. The Panel does not consider that ./No_order_made_Ms_Hester_Barsham-Rolfe.pdf-Ms Barsham-Rolfe’s behaviour was serial in nature, and does not consider that there is ./No_order_made_Ms_Hester_Barsham-Rolfe.pdf-an ongoing risk to children and young persons in the future. ./No_order_made_Ms_Hester_Barsham-Rolfe.pdf- ./No_order_made_Ms_Hester_Barsham-Rolfe.pdf-Similarly, the Panel considers that public interest considerations exist in maintaining ./No_order_made_Ms_Hester_Barsham-Rolfe.pdf-public confidence in the profession and declaring proper standards of conduct in the ./No_order_made_Ms_Hester_Barsham-Rolfe.pdf-profession. Ms Barsham-Rolfe’s conduct was in contravention of the Teachers’ ./No_order_made_Ms_Hester_Barsham-Rolfe.pdf-Standards and her behaviour was in breach of her position. The Panel has considered ./No_order_made_Ms_Hester_Barsham-Rolfe.pdf-the seriousness of the findings and the importance of regulating the conduct of the ./No_order_made_Ms_Hester_Barsham-Rolfe.pdf-profession. -- ./No_order_made_Ms_Hester_Barsham-Rolfe.pdf-difficulties that he was suffering at the time. Ms Barsham-Rolfe supported Pupil A ./No_order_made_Ms_Hester_Barsham-Rolfe.pdf-emotionally, which evolved into sending electronic messages in an inappropriate manner, ./No_order_made_Ms_Hester_Barsham-Rolfe.pdf:but the Panel has not seen evidence that the contact was sexual in any way. Rather it ./No_order_made_Ms_Hester_Barsham-Rolfe.pdf-appears to the Panel that Ms Barsham-Rolfe became too involved with supporting her ./No_order_made_Ms_Hester_Barsham-Rolfe.pdf-student emotionally. ./No_order_made_Ms_Hester_Barsham-Rolfe.pdf- ./No_order_made_Ms_Hester_Barsham-Rolfe.pdf-The Panel has taken into account of the fact that Ms Barsham-Rolfe had a previously ./No_order_made_Ms_Hester_Barsham-Rolfe.pdf-good record. Ms Barsham-Rolfe has also accepted responsibility for her actions and she ./No_order_made_Ms_Hester_Barsham-Rolfe.pdf-admitted the allegation as soon as she was on notice of it. ./No_order_made_Ms_Hester_Barsham-Rolfe.pdf- ./No_order_made_Ms_Hester_Barsham-Rolfe.pdf-The Panel considers that Ms Barsham-Rolfe has shown significant insight and remorse ./No_order_made_Ms_Hester_Barsham-Rolfe.pdf-for her conduct. Ms Barsham-Rolfe has accepted that her conduct was inappropriate ./No_order_made_Ms_Hester_Barsham-Rolfe.pdf-and acknowledged that she was misguided in her behaviour. In her letter dated 10 June -- ./No_order_made_Ms_Hester_Barsham-Rolfe.pdf-abused her position of trust as Pupil A’s teacher, and entered into an inappropriate ./No_order_made_Ms_Hester_Barsham-Rolfe.pdf-relationship, thereby failing to observe proper boundaries appropriate to her professional ./No_order_made_Ms_Hester_Barsham-Rolfe.pdf-position. ./No_order_made_Ms_Hester_Barsham-Rolfe.pdf- ./No_order_made_Ms_Hester_Barsham-Rolfe.pdf-The Panel has also been very clear that it had not seen any evidence that the contact ./No_order_made_Ms_Hester_Barsham-Rolfe.pdf:was sexual in any way. Rather it appeared to the Panel that Ms Barsham-Rolfe became ./No_order_made_Ms_Hester_Barsham-Rolfe.pdf-too involved with supporting her student emotionally. ./No_order_made_Ms_Hester_Barsham-Rolfe.pdf- ./No_order_made_Ms_Hester_Barsham-Rolfe.pdf-The Panel has taken into account the fact that Ms Barsham-Rolfe had a previously good ./No_order_made_Ms_Hester_Barsham-Rolfe.pdf-record. Ms Barsham-Rolfe has also accepted responsibility for her actions and she ./No_order_made_Ms_Hester_Barsham-Rolfe.pdf-admitted the allegation. ./No_order_made_Ms_Hester_Barsham-Rolfe.pdf- ./No_order_made_Ms_Hester_Barsham-Rolfe.pdf-The panel has then gone on to consider sanction. ./No_order_made_Ms_Hester_Barsham-Rolfe.pdf- ./No_order_made_Ms_Hester_Barsham-Rolfe.pdf-I have carefully considered the recommendation of the Panel. The Panel has set out ./No_order_made_Ms_Hester_Barsham-Rolfe.pdf-clearly the lessons that Ms Barsham-Rolfe appears to have learnt. The Panel has also ./No_order_made_Ms_Rachel_Ridley.pdf-The Panel heard further evidence from Student A that Ms Ridley took Student A to hotels ./No_order_made_Ms_Rachel_Ridley.pdf-in Bristol, Taunton and Gloucester and they shared a bed on more than one occasion, ./No_order_made_Ms_Rachel_Ridley.pdf:kissed and developed a sexual relationship. ./No_order_made_Ms_Rachel_Ridley.pdf- ./No_order_made_Ms_Rachel_Ridley.pdf-The Panel does not accept that there is any credible evidence of physical contact ./No_order_made_Ms_Rachel_Ridley.pdf-between Ms Ridley and Student A, although the relationship undoubtedly became ./No_order_made_Ms_Rachel_Ridley.pdf-inappropriate, so this allegation is not proved. ./No_order_made_Ms_Rachel_Ridley.pdf- ./No_order_made_Ms_Rachel_Ridley.pdf-2 Following her dismissal on 24 July 2007 from the Churchill ./No_order_made_Ms_Rachel_Ridley.pdf-Community School & Sixth Form Centre, North Somerset, she acted in ./No_order_made_Ms_Rachel_Ridley.pdf-an inappropriate manner towards Student A, including that she: (a) ./No_order_made_Ms_Rachel_Ridley.pdf-sent inappropriate text messages on or around 17 March 2008, ./No_order_made_Ms_Rachel_Ridley.pdf-including messages with the words to the effect of: ./No_order_made_Nicholas_Norman_Brooks.pdf-behaviour and that he did not appear to change his behaviour. However, there is not ./No_order_made_Nicholas_Norman_Brooks.pdf-sufficient cogent evidence which explains the context of those warnings and detail of ./No_order_made_Nicholas_Norman_Brooks.pdf-the advice which was given to him. ./No_order_made_Nicholas_Norman_Brooks.pdf- ./No_order_made_Nicholas_Norman_Brooks.pdf-We have reminded ourselves that a sanction which is imposed is not intended to act ./No_order_made_Nicholas_Norman_Brooks.pdf-punitively, but is imposed to reflect the seriousness of behaviour, to uphold public ./No_order_made_Nicholas_Norman_Brooks.pdf-confidence in the standards expected of the profession and to protect the public ./No_order_made_Nicholas_Norman_Brooks.pdf-and/or pupils. Mr Brooks has acted in a manner which was inappropriate and ./No_order_made_Nicholas_Norman_Brooks.pdf-unacceptable. However, having considered very carefully the case and the scope of ./No_order_made_Nicholas_Norman_Brooks.pdf-those particulars we have found proven, we are not satisfied that a Prohibition Order ./No_order_made_Nicholas_Norman_Brooks.pdf:is necessary. The physical contact whilst inappropriate was not overtly sexual and ./No_order_made_Nicholas_Norman_Brooks.pdf-the text messages did not give rise to concern for the safety or wellbeing of the ./No_order_made_Nicholas_Norman_Brooks.pdf-recipient. Accordingly, we are not satisfied that a Prohibition Order is required in the ./No_order_made_Nicholas_Norman_Brooks.pdf-specific circumstances of this case to uphold public trust and confidence in the ./No_order_made_Nicholas_Norman_Brooks.pdf-standards of conduct expected of the profession. Most importantly, we do not believe ./No_order_made_Nicholas_Norman_Brooks.pdf-that an Order is required to protect children. ./No_order_made_Nicholas_Norman_Brooks.pdf- ./No_order_made_Nicholas_Norman_Brooks.pdf-On the basis of the facts we have found proven, we have decided that it would be ./No_order_made_Nicholas_Norman_Brooks.pdf-disproportionate for a Prohibition Order to be imposed in this case. We therefore do ./No_order_made_Nicholas_Norman_Brooks.pdf-not recommend that an Order be imposed. ./No_order_made_Nicholas_Norman_Brooks.pdf- ./Nuttall_G__14161__web_decision.pdf- ./Nuttall_G__14161__web_decision.pdf- vii. I just want you to be successful and have a great life with or without ./Nuttall_G__14161__web_decision.pdf- me xx”; ./Nuttall_G__14161__web_decision.pdf- ./Nuttall_G__14161__web_decision.pdf- viii. “I have missed you”; ./Nuttall_G__14161__web_decision.pdf- ./Nuttall_G__14161__web_decision.pdf- ix. “I forgot how nice it is to talk to you”. ./Nuttall_G__14161__web_decision.pdf- ./Nuttall_G__14161__web_decision.pdf- 3. one or more aspects of his conduct as described at 1 and/or 2 above; ./Nuttall_G__14161__web_decision.pdf- a. demonstrated a lack of judgment; ./Nuttall_G__14161__web_decision.pdf: b. was sexually motivated; ./Nuttall_G__14161__web_decision.pdf- ./Nuttall_G__14161__web_decision.pdf- 4. his conduct as described in 1(a)(iv) above was in breach of the school’s policy on ./Nuttall_G__14161__web_decision.pdf- the use of social networking sites; ./Nuttall_G__14161__web_decision.pdf- ./Nuttall_G__14161__web_decision.pdf- 5. he failed to follow the school’s policies and procedures for safeguarding pupils in ./Nuttall_G__14161__web_decision.pdf- respect of Pupil A, who was a vulnerable pupil. ./Nuttall_G__14161__web_decision.pdf- ./Nuttall_G__14161__web_decision.pdf- ./Nuttall_G__14161__web_decision.pdf-A Statement of Agreed and Disputed Facts was agreed between the parties on 20 June ./Nuttall_G__14161__web_decision.pdf-2017. Mr Nuttall admitted some of the allegations, but did not admit all of the allegations. -- ./Nuttall_G__14161__web_decision.pdf-her that she could keep his school hoodie. It was also accepted by Mr Nuttall that he had ./Nuttall_G__14161__web_decision.pdf-sent Pupil A a picture of his face and had exchanged messages with her in relation to ./Nuttall_G__14161__web_decision.pdf-topless sunbathing and in relation to their attendance at the upcoming Leeds Music ./Nuttall_G__14161__web_decision.pdf-Festival. ./Nuttall_G__14161__web_decision.pdf- ./Nuttall_G__14161__web_decision.pdf-Mr Nuttall accepted that his behaviour demonstrated a lack of judgement but denied that ./Nuttall_G__14161__web_decision.pdf:his behaviour was sexually motivated. ./Nuttall_G__14161__web_decision.pdf- ./Nuttall_G__14161__web_decision.pdf-Findings of fact ./Nuttall_G__14161__web_decision.pdf-Our findings of fact are as follows: ./Nuttall_G__14161__web_decision.pdf- ./Nuttall_G__14161__web_decision.pdf-The panel has found the following particulars of the allegations against you proven, for ./Nuttall_G__14161__web_decision.pdf-these reasons: ./Nuttall_G__14161__web_decision.pdf- ./Nuttall_G__14161__web_decision.pdf- 1. Whilst employed as a teacher at Canon Slade School you formed an ./Nuttall_G__14161__web_decision.pdf- inappropriate relationship with Pupil A, including that you: ./Nuttall_G__14161__web_decision.pdf- -- ./Nuttall_G__14161__web_decision.pdf-examination. ./Nuttall_G__14161__web_decision.pdf-Mr Nuttall denied this allegation in his oral evidence. The panel was struck by the fact ./Nuttall_G__14161__web_decision.pdf-that Mr Nuttall had been open and honest about a number of allegations and did not ./Nuttall_G__14161__web_decision.pdf-consider that Mr Nuttall had reason to lie about this particular allegation. ./Nuttall_G__14161__web_decision.pdf-The only evidence in support of this allegation was Pupil A’s hearsay evidence which the ./Nuttall_G__14161__web_decision.pdf-panel did not find persuasive. ./Nuttall_G__14161__web_decision.pdf-The panel accepted Mr Nuttall’s evidence and in light of the lack of persuasive evidence ./Nuttall_G__14161__web_decision.pdf-to the contrary, did not find this allegation proven on the balance of probabilities. . ./Nuttall_G__14161__web_decision.pdf- 3. one or more aspects of his conduct as described at 1 and/or 2 above; ./Nuttall_G__14161__web_decision.pdf- ./Nuttall_G__14161__web_decision.pdf: b. was sexually motivated; ./Nuttall_G__14161__web_decision.pdf- ./Nuttall_G__14161__web_decision.pdf-Mr Nuttall strenuously and consistently denied this allegation in both his written and oral ./Nuttall_G__14161__web_decision.pdf-evidence. The panel had the opportunity to test and assess his evidence and, in relation ./Nuttall_G__14161__web_decision.pdf-to this particular allegation, found his oral evidence to be compelling and credible. The ./Nuttall_G__14161__web_decision.pdf-panel considered that he showed every sign of trying to be frank and answered questions ./Nuttall_G__14161__web_decision.pdf-as thoroughly as he could. Mr Nuttall was honest about what he could and could not ./Nuttall_G__14161__web_decision.pdf-remember. ./Nuttall_G__14161__web_decision.pdf-The panel scrutinised the content of the messages exchanged between Mr Nuttall and ./Nuttall_G__14161__web_decision.pdf-Pupil A. The panel considered that the messages contained some concerning elements, ./Nuttall_G__14161__web_decision.pdf-particularly in relation to the discussions regarding Pupil A sunbathing topless and ./Nuttall_G__14161__web_decision.pdf:carefully considered whether it was more likely than not that his conduct was sexual. ./Nuttall_G__14161__web_decision.pdf-The panel did not have the opportunity to assess Pupil A’s evidence as she was not ./Nuttall_G__14161__web_decision.pdf-called by the National College as a witness in the light of her vulnerabilities. The panel ./Nuttall_G__14161__web_decision.pdf-was assisted by the evidence of her parents who had seen the content of some of the ./Nuttall_G__14161__web_decision.pdf-exchanges between Mr Nuttall and Pupil A. ./Nuttall_G__14161__web_decision.pdf-Mother A’s evidence was that Mr Nuttall was “crafty” and psychologically “chipped away” ./Nuttall_G__14161__web_decision.pdf-at Pupil A’s self-esteem. The panel considered Mother A’s evidence to be guarded but ./Nuttall_G__14161__web_decision.pdf-accepted that this was her impression of Mr Nuttall’s conduct. Insofar as this may have ./Nuttall_G__14161__web_decision.pdf-occurred, the panel did not feel it was deliberate and did not feel that it supported an ./Nuttall_G__14161__web_decision.pdf:allegation that Mr Nuttall’s behaviour was sexually motivated. ./Nuttall_G__14161__web_decision.pdf-The panel had regard to Father A’s evidence that when he first discovered the ./Nuttall_G__14161__web_decision.pdf-messages, he had no reason to be alarmed. He felt that the content of the messages, on ./Nuttall_G__14161__web_decision.pdf-the whole, was innocuous and his impression was that Mr Nuttall was trying to give Pupil ./Nuttall_G__14161__web_decision.pdf-A the confidence that she was lacking. This was consistent with Mr Nuttall’s evidence. ./Nuttall_G__14161__web_decision.pdf- ./Nuttall_G__14161__web_decision.pdf- ./Nuttall_G__14161__web_decision.pdf- ./Nuttall_G__14161__web_decision.pdf- 14 ./Nuttall_G__14161__web_decision.pdf- -- ./Nuttall_G__14161__web_decision.pdf-Mr Nuttall offered an explanation in relation to the discussions about topless sunbathing ./Nuttall_G__14161__web_decision.pdf-and told the panel that his motivation had been to re-assure Pupil A about her body ./Nuttall_G__14161__web_decision.pdf-image. Mr Nuttall gave evidence that he did not want Pupil A to think that she was being ./Nuttall_G__14161__web_decision.pdf-rejected as this could have fuelled her low self-esteem and negative thoughts. The panel ./Nuttall_G__14161__web_decision.pdf-carefully considered this evidence when determining Mr Nuttall’s motivation. ./Nuttall_G__14161__web_decision.pdf-The panel had no doubt that some of the comments made by Mr Nuttall were ./Nuttall_G__14161__web_decision.pdf-inappropriate. This was not denied by Mr Nuttall. The panel also accepted that when Mr ./Nuttall_G__14161__web_decision.pdf-Nuttall opened new lines of communication with Pupil A outside of the School’s system, ./Nuttall_G__14161__web_decision.pdf-he may have been motivated in part by a desire to maintain a close relationship with ./Nuttall_G__14161__web_decision.pdf-Pupil A. The panel saw limited evidence which might infer that the nature of the ./Nuttall_G__14161__web_decision.pdf:communication exchanged between Pupil A and Mr Nuttall was of a sexual nature. ./Nuttall_G__14161__web_decision.pdf-However, the evidence was hearsay and was not supported by further evidence within ./Nuttall_G__14161__web_decision.pdf-the bundle. The panel did not consider that there was sufficient evidence to support a ./Nuttall_G__14161__web_decision.pdf:contention that Mr Nuttall’s behaviour was sexually motivated. ./Nuttall_G__14161__web_decision.pdf-The panel looked at the overall relationship between Pupil A and Mr Nuttall and at how it ./Nuttall_G__14161__web_decision.pdf-developed. There was undoubtedly a personal friendship between Mr Nuttall and Pupil A. ./Nuttall_G__14161__web_decision.pdf-Mr Nuttall is a highly intellectual individual. He was an experienced and well trained ./Nuttall_G__14161__web_decision.pdf-teacher at the time of the allegations and should have recognised the inappropriate ./Nuttall_G__14161__web_decision.pdf-nature of his friendship with Pupil A. The panel did not consider that Mr Nuttall’s conduct ./Nuttall_G__14161__web_decision.pdf-was naïve, but rather thoughtless and irresponsible. The panel was persuaded that Mr ./Nuttall_G__14161__web_decision.pdf-Nuttall was motivated by a misplaced and misguided desire to assist Pupil A and found ./Nuttall_G__14161__web_decision.pdf:no evidence to persuade it that the relationship was designed to obtain sexual ./Nuttall_G__14161__web_decision.pdf-gratification. ./Nuttall_G__14161__web_decision.pdf-Having considered the evidence available to it in its entirety, the panel accepted Mr ./Nuttall_G__14161__web_decision.pdf-Nuttall’s account and was not persuaded, on the balance of probabilities, that Mr Nuttall’s ./Nuttall_G__14161__web_decision.pdf:motivation was sexual. ./Nuttall_G__14161__web_decision.pdf-This allegation is therefore not proven. ./Nuttall_G__14161__web_decision.pdf- ./Nuttall_G__14161__web_decision.pdf-Findings as to unacceptable professional conduct and/or conduct that ./Nuttall_G__14161__web_decision.pdf-may bring the profession into disrepute ./Nuttall_G__14161__web_decision.pdf-Having found a number of the allegations to have been proven, the panel has gone on to ./Nuttall_G__14161__web_decision.pdf-consider whether the facts of those proven allegations amount to unacceptable ./Nuttall_G__14161__web_decision.pdf-professional conduct and or conduct that may bring the profession into disrepute. ./Nuttall_G__14161__web_decision.pdf- ./Nuttall_G__14161__web_decision.pdf-In doing so, the panel has had regard to the document Teacher misconduct: The ./Nuttall_G__14161__web_decision.pdf-prohibition of teachers, which the panel refers to as “the Advice”. ./OFFICAL_SENSITIVE_Qureshi_Tariq_Majid_SoS_Decision_REDACTED.pdf- ./OFFICAL_SENSITIVE_Qureshi_Tariq_Majid_SoS_Decision_REDACTED.pdf- ii. Touching Pupil A on the leg and/or hand with his hand; ./OFFICAL_SENSITIVE_Qureshi_Tariq_Majid_SoS_Decision_REDACTED.pdf- ./OFFICAL_SENSITIVE_Qureshi_Tariq_Majid_SoS_Decision_REDACTED.pdf- iii. Touching and/or squeezing Pupil A’s face; ./OFFICAL_SENSITIVE_Qureshi_Tariq_Majid_SoS_Decision_REDACTED.pdf- ./OFFICAL_SENSITIVE_Qureshi_Tariq_Majid_SoS_Decision_REDACTED.pdf- iv. Hugging Pupil A; ./OFFICAL_SENSITIVE_Qureshi_Tariq_Majid_SoS_Decision_REDACTED.pdf- ./OFFICAL_SENSITIVE_Qureshi_Tariq_Majid_SoS_Decision_REDACTED.pdf- v. Kissing Pupil A on the head. ./OFFICAL_SENSITIVE_Qureshi_Tariq_Majid_SoS_Decision_REDACTED.pdf- ./OFFICAL_SENSITIVE_Qureshi_Tariq_Majid_SoS_Decision_REDACTED.pdf- ./OFFICAL_SENSITIVE_Qureshi_Tariq_Majid_SoS_Decision_REDACTED.pdf: 3. The conduct leading to his conviction(s) at Allegation 1 was of a sexual nature ./OFFICAL_SENSITIVE_Qureshi_Tariq_Majid_SoS_Decision_REDACTED.pdf: and/or was sexually motivated. ./OFFICAL_SENSITIVE_Qureshi_Tariq_Majid_SoS_Decision_REDACTED.pdf- ./OFFICAL_SENSITIVE_Qureshi_Tariq_Majid_SoS_Decision_REDACTED.pdf- 4. Prior to his appointment and/or during your employment at the School, he failed to ./OFFICAL_SENSITIVE_Qureshi_Tariq_Majid_SoS_Decision_REDACTED.pdf- disclose to the School his previous Prohibition Order and/or the nature of his ./OFFICAL_SENSITIVE_Qureshi_Tariq_Majid_SoS_Decision_REDACTED.pdf- previous misconduct for similar acts as alleged at allegation 1. ./OFFICAL_SENSITIVE_Qureshi_Tariq_Majid_SoS_Decision_REDACTED.pdf- ./OFFICAL_SENSITIVE_Qureshi_Tariq_Majid_SoS_Decision_REDACTED.pdf- ./OFFICAL_SENSITIVE_Qureshi_Tariq_Majid_SoS_Decision_REDACTED.pdf- ./OFFICAL_SENSITIVE_Qureshi_Tariq_Majid_SoS_Decision_REDACTED.pdf- ./OFFICAL_SENSITIVE_Qureshi_Tariq_Majid_SoS_Decision_REDACTED.pdf- 4 ./OFFICAL_SENSITIVE_Qureshi_Tariq_Majid_SoS_Decision_REDACTED.pdf- -- ./OFFICAL_SENSITIVE_Qureshi_Tariq_Majid_SoS_Decision_REDACTED.pdf-The panel considered Dr Qureshi’s admission to this allegation. ./OFFICAL_SENSITIVE_Qureshi_Tariq_Majid_SoS_Decision_REDACTED.pdf- ./OFFICAL_SENSITIVE_Qureshi_Tariq_Majid_SoS_Decision_REDACTED.pdf-The panel considered the police summary document where Pupil A disclosed that Dr ./OFFICAL_SENSITIVE_Qureshi_Tariq_Majid_SoS_Decision_REDACTED.pdf-Qureshi had kissed [REDACTED] on the head. ./OFFICAL_SENSITIVE_Qureshi_Tariq_Majid_SoS_Decision_REDACTED.pdf- ./OFFICAL_SENSITIVE_Qureshi_Tariq_Majid_SoS_Decision_REDACTED.pdf-Dr Qureshi was convicted on his admission of assault for kissing Pupil A on the head. ./OFFICAL_SENSITIVE_Qureshi_Tariq_Majid_SoS_Decision_REDACTED.pdf- ./OFFICAL_SENSITIVE_Qureshi_Tariq_Majid_SoS_Decision_REDACTED.pdf-The panel found allegation 2(v) proved. ./OFFICAL_SENSITIVE_Qureshi_Tariq_Majid_SoS_Decision_REDACTED.pdf- ./OFFICAL_SENSITIVE_Qureshi_Tariq_Majid_SoS_Decision_REDACTED.pdf- ./OFFICAL_SENSITIVE_Qureshi_Tariq_Majid_SoS_Decision_REDACTED.pdf: 3. The conduct leading to your conviction(s) at Allegation 1 was of a sexual ./OFFICAL_SENSITIVE_Qureshi_Tariq_Majid_SoS_Decision_REDACTED.pdf: nature and/or was sexually motivated. ./OFFICAL_SENSITIVE_Qureshi_Tariq_Majid_SoS_Decision_REDACTED.pdf- ./OFFICAL_SENSITIVE_Qureshi_Tariq_Majid_SoS_Decision_REDACTED.pdf-Dr Qureshi denied this allegation. Dr Qureshi stated in oral evidence that the touch of ./OFFICAL_SENSITIVE_Qureshi_Tariq_Majid_SoS_Decision_REDACTED.pdf-Pupil A’s leg was accidental and occurred due to the back of his hand touching Pupil A’s ./OFFICAL_SENSITIVE_Qureshi_Tariq_Majid_SoS_Decision_REDACTED.pdf-leg when pulling up a chair to sit next to [REDACTED]. Dr Qureshi also stated that he ./OFFICAL_SENSITIVE_Qureshi_Tariq_Majid_SoS_Decision_REDACTED.pdf-would use the terms ‘beautiful’ and ‘gorgeous’ to canteen and other staff. ./OFFICAL_SENSITIVE_Qureshi_Tariq_Majid_SoS_Decision_REDACTED.pdf- ./OFFICAL_SENSITIVE_Qureshi_Tariq_Majid_SoS_Decision_REDACTED.pdf-The panel had regard for the legal adviser’s advice. ./OFFICAL_SENSITIVE_Qureshi_Tariq_Majid_SoS_Decision_REDACTED.pdf- ./OFFICAL_SENSITIVE_Qureshi_Tariq_Majid_SoS_Decision_REDACTED.pdf-The panel noted that in the case of Basson v GMC (2018), it stated “the state of a ./OFFICAL_SENSITIVE_Qureshi_Tariq_Majid_SoS_Decision_REDACTED.pdf-person’s mind is not something that can be proved by direct observation. It can only be ./OFFICAL_SENSITIVE_Qureshi_Tariq_Majid_SoS_Decision_REDACTED.pdf-proved by inference or deduction from the surrounding evidence”. ./OFFICAL_SENSITIVE_Qureshi_Tariq_Majid_SoS_Decision_REDACTED.pdf- ./OFFICAL_SENSITIVE_Qureshi_Tariq_Majid_SoS_Decision_REDACTED.pdf:It was also stated in this case that a sexual motive means the conduct was done either in ./OFFICAL_SENSITIVE_Qureshi_Tariq_Majid_SoS_Decision_REDACTED.pdf:pursuit of sexual gratification or in pursuit of a future sexual relationship. ./OFFICAL_SENSITIVE_Qureshi_Tariq_Majid_SoS_Decision_REDACTED.pdf- ./OFFICAL_SENSITIVE_Qureshi_Tariq_Majid_SoS_Decision_REDACTED.pdf-The panel considered that the use of the words ‘beautiful’ and ‘gorgeous’ related to Pupil ./OFFICAL_SENSITIVE_Qureshi_Tariq_Majid_SoS_Decision_REDACTED.pdf-A’s physical appearance which Dr Qureshi admitted to and he accepted that the use of ./OFFICAL_SENSITIVE_Qureshi_Tariq_Majid_SoS_Decision_REDACTED.pdf-the words may have been inappropriate. The Panel also considered the kissing on the ./OFFICAL_SENSITIVE_Qureshi_Tariq_Majid_SoS_Decision_REDACTED.pdf:pupil’s head and hugging to be inappropriate and capable of being construed as sexual. ./OFFICAL_SENSITIVE_Qureshi_Tariq_Majid_SoS_Decision_REDACTED.pdf- ./OFFICAL_SENSITIVE_Qureshi_Tariq_Majid_SoS_Decision_REDACTED.pdf-The panel considered the police summary document where Pupil A had informed the ./OFFICAL_SENSITIVE_Qureshi_Tariq_Majid_SoS_Decision_REDACTED.pdf-police that he crouched down, put his right hand under the desk and touched ./OFFICAL_SENSITIVE_Qureshi_Tariq_Majid_SoS_Decision_REDACTED.pdf-[REDACTED] on [REDACTED] legs. Dr Qureshi stated in oral evidence that Pupil A was ./OFFICAL_SENSITIVE_Qureshi_Tariq_Majid_SoS_Decision_REDACTED.pdf-lying about this. The panel did not consider there to be any reason why Pupil A would lie ./OFFICAL_SENSITIVE_Qureshi_Tariq_Majid_SoS_Decision_REDACTED.pdf-about this. On review of the documents, the panel noted that Dr Qureshi had lied to the ./OFFICAL_SENSITIVE_Qureshi_Tariq_Majid_SoS_Decision_REDACTED.pdf-police. ./OFFICAL_SENSITIVE_Qureshi_Tariq_Majid_SoS_Decision_REDACTED.pdf- ./OFFICAL_SENSITIVE_Qureshi_Tariq_Majid_SoS_Decision_REDACTED.pdf-Dr Qureshi accepted in oral evidence that there would be no reason for placing his hand ./OFFICAL_SENSITIVE_Qureshi_Tariq_Majid_SoS_Decision_REDACTED.pdf-under Pupil A’s desk. The panel considered that there was no other reason for placing ./OFFICAL_SENSITIVE_Qureshi_Tariq_Majid_SoS_Decision_REDACTED.pdf:his hand under the desk, other than if it were to be of a sexual nature. The panel was of ./OFFICAL_SENSITIVE_Qureshi_Tariq_Majid_SoS_Decision_REDACTED.pdf- ./OFFICAL_SENSITIVE_Qureshi_Tariq_Majid_SoS_Decision_REDACTED.pdf- ./OFFICAL_SENSITIVE_Qureshi_Tariq_Majid_SoS_Decision_REDACTED.pdf- 11 ./OFFICAL_SENSITIVE_Qureshi_Tariq_Majid_SoS_Decision_REDACTED.pdf- -- ./OFFICAL_SENSITIVE_Qureshi_Tariq_Majid_SoS_Decision_REDACTED.pdf-the view that his action would suggest that a reasonable person would consider this to be ./OFFICAL_SENSITIVE_Qureshi_Tariq_Majid_SoS_Decision_REDACTED.pdf:of a sexual nature. ./OFFICAL_SENSITIVE_Qureshi_Tariq_Majid_SoS_Decision_REDACTED.pdf- ./OFFICAL_SENSITIVE_Qureshi_Tariq_Majid_SoS_Decision_REDACTED.pdf-The panel considered the case of GMC v Haris (2020). The panel asked itself whether on ./OFFICAL_SENSITIVE_Qureshi_Tariq_Majid_SoS_Decision_REDACTED.pdf-the balance of probabilities reasonable persons would think the words and actions found ./OFFICAL_SENSITIVE_Qureshi_Tariq_Majid_SoS_Decision_REDACTED.pdf:proven could be sexual. The panel considered that there was no other reason for placing ./OFFICAL_SENSITIVE_Qureshi_Tariq_Majid_SoS_Decision_REDACTED.pdf:his hand under the desk, other than if it were to be of a sexual nature. The panel was of ./OFFICAL_SENSITIVE_Qureshi_Tariq_Majid_SoS_Decision_REDACTED.pdf:the view that his action would be considered by a reasonable person to be of a sexual ./OFFICAL_SENSITIVE_Qureshi_Tariq_Majid_SoS_Decision_REDACTED.pdf-nature. The panel considered that in all the circumstances of the conduct in the case, it ./OFFICAL_SENSITIVE_Qureshi_Tariq_Majid_SoS_Decision_REDACTED.pdf-was more likely than not that the teacher’s purpose of such words and actions were ./OFFICAL_SENSITIVE_Qureshi_Tariq_Majid_SoS_Decision_REDACTED.pdf:sexual. ./OFFICAL_SENSITIVE_Qureshi_Tariq_Majid_SoS_Decision_REDACTED.pdf- ./OFFICAL_SENSITIVE_Qureshi_Tariq_Majid_SoS_Decision_REDACTED.pdf-The panel noted that Dr Qureshi had lied to the police on more than one occasion. The ./OFFICAL_SENSITIVE_Qureshi_Tariq_Majid_SoS_Decision_REDACTED.pdf-panel considered that the lies were premediated as Dr Qureshi had prepared his ./OFFICAL_SENSITIVE_Qureshi_Tariq_Majid_SoS_Decision_REDACTED.pdf-statement before his police interview. ./OFFICAL_SENSITIVE_Qureshi_Tariq_Majid_SoS_Decision_REDACTED.pdf- ./OFFICAL_SENSITIVE_Qureshi_Tariq_Majid_SoS_Decision_REDACTED.pdf-In light of all of the various verbal and physical incidents and on the balance of ./OFFICAL_SENSITIVE_Qureshi_Tariq_Majid_SoS_Decision_REDACTED.pdf-probabilities, the panel found allegation 3 proved. ./OFFICAL_SENSITIVE_Qureshi_Tariq_Majid_SoS_Decision_REDACTED.pdf- ./OFFICAL_SENSITIVE_Qureshi_Tariq_Majid_SoS_Decision_REDACTED.pdf- ./OFFICAL_SENSITIVE_Qureshi_Tariq_Majid_SoS_Decision_REDACTED.pdf- -- ./OFFICAL_SENSITIVE_Qureshi_Tariq_Majid_SoS_Decision_REDACTED.pdf-apportioned, although they are likely to have punitive effect. ./OFFICAL_SENSITIVE_Qureshi_Tariq_Majid_SoS_Decision_REDACTED.pdf- ./OFFICAL_SENSITIVE_Qureshi_Tariq_Majid_SoS_Decision_REDACTED.pdf-The panel had regard to the particular public interest considerations set out in the Advice ./OFFICAL_SENSITIVE_Qureshi_Tariq_Majid_SoS_Decision_REDACTED.pdf-and, having done so, found a number of them to be relevant in this case, namely, the ./OFFICAL_SENSITIVE_Qureshi_Tariq_Majid_SoS_Decision_REDACTED.pdf-protection of pupils and the protection of other members of the public, the maintenance of ./OFFICAL_SENSITIVE_Qureshi_Tariq_Majid_SoS_Decision_REDACTED.pdf-public confidence in the profession and declaring and upholding proper standards of ./OFFICAL_SENSITIVE_Qureshi_Tariq_Majid_SoS_Decision_REDACTED.pdf-conduct. ./OFFICAL_SENSITIVE_Qureshi_Tariq_Majid_SoS_Decision_REDACTED.pdf- ./OFFICAL_SENSITIVE_Qureshi_Tariq_Majid_SoS_Decision_REDACTED.pdf-The panel found that Dr Qureshi’s misconduct amounted to a finding of a relevant ./OFFICAL_SENSITIVE_Qureshi_Tariq_Majid_SoS_Decision_REDACTED.pdf-conviction for three offences of assault by beating (battery), a finding that his conduct ./OFFICAL_SENSITIVE_Qureshi_Tariq_Majid_SoS_Decision_REDACTED.pdf:was sexually motivated and that he acted dishonestly and with a lack of integrity. ./OFFICAL_SENSITIVE_Qureshi_Tariq_Majid_SoS_Decision_REDACTED.pdf-Therefore, there was a strong public interest consideration in respect of the protection of ./OFFICAL_SENSITIVE_Qureshi_Tariq_Majid_SoS_Decision_REDACTED.pdf-pupils, given the serious findings of his inappropriate conduct against Pupil A in a school ./OFFICAL_SENSITIVE_Qureshi_Tariq_Majid_SoS_Decision_REDACTED.pdf-setting. ./OFFICAL_SENSITIVE_Qureshi_Tariq_Majid_SoS_Decision_REDACTED.pdf- ./OFFICAL_SENSITIVE_Qureshi_Tariq_Majid_SoS_Decision_REDACTED.pdf-Similarly, the panel considered that public confidence in the profession could be seriously ./OFFICAL_SENSITIVE_Qureshi_Tariq_Majid_SoS_Decision_REDACTED.pdf-weakened if conduct such as that found against Dr Qureshi was not treated with the ./OFFICAL_SENSITIVE_Qureshi_Tariq_Majid_SoS_Decision_REDACTED.pdf-utmost seriousness when regulating the conduct of the profession. ./OFFICAL_SENSITIVE_Qureshi_Tariq_Majid_SoS_Decision_REDACTED.pdf- ./OFFICAL_SENSITIVE_Qureshi_Tariq_Majid_SoS_Decision_REDACTED.pdf-The panel was of the view that a strong public interest consideration in declaring proper ./OFFICAL_SENSITIVE_Qureshi_Tariq_Majid_SoS_Decision_REDACTED.pdf-standards of conduct in the profession was also present as the conduct found against Dr -- ./OFFICAL_SENSITIVE_Qureshi_Tariq_Majid_SoS_Decision_REDACTED.pdf- o dishonesty especially where there have been serious consequences, ./OFFICAL_SENSITIVE_Qureshi_Tariq_Majid_SoS_Decision_REDACTED.pdf- and/or it has been repeated and/or covered up; ./OFFICAL_SENSITIVE_Qureshi_Tariq_Majid_SoS_Decision_REDACTED.pdf- ./OFFICAL_SENSITIVE_Qureshi_Tariq_Majid_SoS_Decision_REDACTED.pdf- o other deliberate behaviour that undermines pupils, the profession, the ./OFFICAL_SENSITIVE_Qureshi_Tariq_Majid_SoS_Decision_REDACTED.pdf- school or colleagues; ./OFFICAL_SENSITIVE_Qureshi_Tariq_Majid_SoS_Decision_REDACTED.pdf- ./OFFICAL_SENSITIVE_Qureshi_Tariq_Majid_SoS_Decision_REDACTED.pdf: o sexual misconduct, for example, involving actions that were sexually ./OFFICAL_SENSITIVE_Qureshi_Tariq_Majid_SoS_Decision_REDACTED.pdf: motivated or of a sexual nature and/or that use or exploit the trust, ./OFFICAL_SENSITIVE_Qureshi_Tariq_Majid_SoS_Decision_REDACTED.pdf- knowledge or influence derived from the individual’s professional ./OFFICAL_SENSITIVE_Qureshi_Tariq_Majid_SoS_Decision_REDACTED.pdf- position; ./OFFICAL_SENSITIVE_Qureshi_Tariq_Majid_SoS_Decision_REDACTED.pdf- ./OFFICAL_SENSITIVE_Qureshi_Tariq_Majid_SoS_Decision_REDACTED.pdf- o the commission of a serious criminal offence, including those that ./OFFICAL_SENSITIVE_Qureshi_Tariq_Majid_SoS_Decision_REDACTED.pdf- resulted in a conviction or caution, paying particular attention to offences ./OFFICAL_SENSITIVE_Qureshi_Tariq_Majid_SoS_Decision_REDACTED.pdf- that are ‘relevant matters’ for the purposes of The Police Act 1997 and ./OFFICAL_SENSITIVE_Qureshi_Tariq_Majid_SoS_Decision_REDACTED.pdf- criminal record disclosures. ./OFFICAL_SENSITIVE_Qureshi_Tariq_Majid_SoS_Decision_REDACTED.pdf- ./OFFICAL_SENSITIVE_Qureshi_Tariq_Majid_SoS_Decision_REDACTED.pdf-Even though some of the behaviour found proved in this case indicated that a prohibition ./OFFICAL_SENSITIVE_Qureshi_Tariq_Majid_SoS_Decision_REDACTED.pdf-order would be appropriate, the panel went on to consider the mitigating factors. ./OFFICAL_SENSITIVE_Qureshi_Tariq_Majid_SoS_Decision_REDACTED.pdf-Mitigating factors may indicate that a prohibition order would not be appropriate or ./OFFICAL_SENSITIVE_Qureshi_Tariq_Majid_SoS_Decision_REDACTED.pdf-proportionate. ./OFFICAL_SENSITIVE_Qureshi_Tariq_Majid_SoS_Decision_REDACTED.pdf- ./OFFICAL_SENSITIVE_Qureshi_Tariq_Majid_SoS_Decision_REDACTED.pdf-There was evidence that Dr Qureshi’s actions were deliberate. There was no evidence to ./OFFICAL_SENSITIVE_Qureshi_Tariq_Majid_SoS_Decision_REDACTED.pdf-suggest that Dr Qureshi was acting under duress, and, in fact, the panel found Dr ./OFFICAL_SENSITIVE_Qureshi_Tariq_Majid_SoS_Decision_REDACTED.pdf-Qureshi’s actions to be calculated and motivated. ./OFFICAL_SENSITIVE_Qureshi_Tariq_Majid_SoS_Decision_REDACTED.pdf- ./OFFICAL_SENSITIVE_Qureshi_Tariq_Majid_SoS_Decision_REDACTED.pdf-The panel saw evidence that showed Dr Qureshi was previously subject to a teaching ./OFFICAL_SENSITIVE_Qureshi_Tariq_Majid_SoS_Decision_REDACTED.pdf-prohibition order for similar misconduct. Dr Qureshi’s previous prohibition order was set ./OFFICAL_SENSITIVE_Qureshi_Tariq_Majid_SoS_Decision_REDACTED.pdf-aside in 2017. The panel considered Dr Qureshi’s misconduct to be a repeated pattern of ./OFFICAL_SENSITIVE_Qureshi_Tariq_Majid_SoS_Decision_REDACTED.pdf:grooming. ./OFFICAL_SENSITIVE_Qureshi_Tariq_Majid_SoS_Decision_REDACTED.pdf- ./OFFICAL_SENSITIVE_Qureshi_Tariq_Majid_SoS_Decision_REDACTED.pdf-No relevant evidence was offered by Dr Qureshi to demonstrate any good character. ./OFFICAL_SENSITIVE_Qureshi_Tariq_Majid_SoS_Decision_REDACTED.pdf- ./OFFICAL_SENSITIVE_Qureshi_Tariq_Majid_SoS_Decision_REDACTED.pdf-The panel first considered whether it would be proportionate to conclude this case with ./OFFICAL_SENSITIVE_Qureshi_Tariq_Majid_SoS_Decision_REDACTED.pdf-no recommendation of prohibition, considering whether the publication of the findings ./OFFICAL_SENSITIVE_Qureshi_Tariq_Majid_SoS_Decision_REDACTED.pdf-made by the panel would be sufficient. ./OFFICAL_SENSITIVE_Qureshi_Tariq_Majid_SoS_Decision_REDACTED.pdf- ./OFFICAL_SENSITIVE_Qureshi_Tariq_Majid_SoS_Decision_REDACTED.pdf-The panel was of the view that, applying the standard of the ordinary intelligent citizen, it ./OFFICAL_SENSITIVE_Qureshi_Tariq_Majid_SoS_Decision_REDACTED.pdf-would not be a proportionate and appropriate response to recommend no prohibition ./OFFICAL_SENSITIVE_Qureshi_Tariq_Majid_SoS_Decision_REDACTED.pdf-order. Recommending that the publication of adverse findings would be sufficient would -- ./OFFICAL_SENSITIVE_Qureshi_Tariq_Majid_SoS_Decision_REDACTED.pdf-should be imposed with immediate effect. ./OFFICAL_SENSITIVE_Qureshi_Tariq_Majid_SoS_Decision_REDACTED.pdf- ./OFFICAL_SENSITIVE_Qureshi_Tariq_Majid_SoS_Decision_REDACTED.pdf-The panel went on to consider whether or not it would be appropriate for it to decide to ./OFFICAL_SENSITIVE_Qureshi_Tariq_Majid_SoS_Decision_REDACTED.pdf-recommend a review period of the order. The panel was mindful that the Advice states ./OFFICAL_SENSITIVE_Qureshi_Tariq_Majid_SoS_Decision_REDACTED.pdf-that a prohibition order applies for life, but there may be circumstances, in any given ./OFFICAL_SENSITIVE_Qureshi_Tariq_Majid_SoS_Decision_REDACTED.pdf-case, that may make it appropriate to allow a teacher to apply to have the prohibition ./OFFICAL_SENSITIVE_Qureshi_Tariq_Majid_SoS_Decision_REDACTED.pdf-order reviewed after a specified period of time that may not be less than 2 years. ./OFFICAL_SENSITIVE_Qureshi_Tariq_Majid_SoS_Decision_REDACTED.pdf- ./OFFICAL_SENSITIVE_Qureshi_Tariq_Majid_SoS_Decision_REDACTED.pdf-The Advice indicates that there are behaviours that, if proved, would militate against the ./OFFICAL_SENSITIVE_Qureshi_Tariq_Majid_SoS_Decision_REDACTED.pdf-recommendation of a review period. These behaviours include, violence, serious ./OFFICAL_SENSITIVE_Qureshi_Tariq_Majid_SoS_Decision_REDACTED.pdf:dishonesty, serious sexual misconduct, such as where the act was sexually motivated ./OFFICAL_SENSITIVE_Qureshi_Tariq_Majid_SoS_Decision_REDACTED.pdf-and resulted in, or had the potential to result in, harm to a person or persons, particularly ./OFFICAL_SENSITIVE_Qureshi_Tariq_Majid_SoS_Decision_REDACTED.pdf-where the individual has used his professional position to influence or exploit a person or ./OFFICAL_SENSITIVE_Qureshi_Tariq_Majid_SoS_Decision_REDACTED.pdf:persons. The panel found that Dr Qureshi misconduct against Pupil A was sexually ./OFFICAL_SENSITIVE_Qureshi_Tariq_Majid_SoS_Decision_REDACTED.pdf:motivated and/or of a sexual nature. The panel considered Dr Qureshi’s conduct to be ./OFFICAL_SENSITIVE_Qureshi_Tariq_Majid_SoS_Decision_REDACTED.pdf-dishonest and lacked integrity and the conviction for the three assault offences link to ./OFFICAL_SENSITIVE_Qureshi_Tariq_Majid_SoS_Decision_REDACTED.pdf-violent behaviour. ./OFFICAL_SENSITIVE_Qureshi_Tariq_Majid_SoS_Decision_REDACTED.pdf- ./OFFICAL_SENSITIVE_Qureshi_Tariq_Majid_SoS_Decision_REDACTED.pdf-Whilst Dr Qureshi stated that he deeply regretted his actions, the panel did not consider ./OFFICAL_SENSITIVE_Qureshi_Tariq_Majid_SoS_Decision_REDACTED.pdf-Dr Qureshi showed any insight into his actions. ./OFFICAL_SENSITIVE_Qureshi_Tariq_Majid_SoS_Decision_REDACTED.pdf- ./OFFICAL_SENSITIVE_Qureshi_Tariq_Majid_SoS_Decision_REDACTED.pdf-The panel decided that the findings indicated a situation in which a review period would ./OFFICAL_SENSITIVE_Qureshi_Tariq_Majid_SoS_Decision_REDACTED.pdf-not be appropriate and, as such, decided that it would be proportionate, in all the ./OFFICAL_SENSITIVE_Qureshi_Tariq_Majid_SoS_Decision_REDACTED.pdf-circumstances, for the prohibition order to be recommended without provisions for a ./OFFICAL_SENSITIVE_Qureshi_Tariq_Majid_SoS_Decision_REDACTED.pdf-review period. -- ./OFFICAL_SENSITIVE_Qureshi_Tariq_Majid_SoS_Decision_REDACTED.pdf- ./OFFICAL_SENSITIVE_Qureshi_Tariq_Majid_SoS_Decision_REDACTED.pdf- • Teachers must have proper and professional regard for the ethos, policies and ./OFFICAL_SENSITIVE_Qureshi_Tariq_Majid_SoS_Decision_REDACTED.pdf- practices of the school in which they teach. ./OFFICAL_SENSITIVE_Qureshi_Tariq_Majid_SoS_Decision_REDACTED.pdf- • Teachers must have an understanding of, and always act within, the statutory ./OFFICAL_SENSITIVE_Qureshi_Tariq_Majid_SoS_Decision_REDACTED.pdf- frameworks which set out their professional duties and responsibilities. ./OFFICAL_SENSITIVE_Qureshi_Tariq_Majid_SoS_Decision_REDACTED.pdf- ./OFFICAL_SENSITIVE_Qureshi_Tariq_Majid_SoS_Decision_REDACTED.pdf-The panel finds that the conduct of Dr Qureshi fell significantly short of the standards ./OFFICAL_SENSITIVE_Qureshi_Tariq_Majid_SoS_Decision_REDACTED.pdf-expected of the profession. ./OFFICAL_SENSITIVE_Qureshi_Tariq_Majid_SoS_Decision_REDACTED.pdf- ./OFFICAL_SENSITIVE_Qureshi_Tariq_Majid_SoS_Decision_REDACTED.pdf-The findings of misconduct are particularly serious as they include an offence involving ./OFFICAL_SENSITIVE_Qureshi_Tariq_Majid_SoS_Decision_REDACTED.pdf:violence, a finding of dishonesty and a finding that the conduct was of a sexual nature ./OFFICAL_SENSITIVE_Qureshi_Tariq_Majid_SoS_Decision_REDACTED.pdf:and/or was sexually motivated. ./OFFICAL_SENSITIVE_Qureshi_Tariq_Majid_SoS_Decision_REDACTED.pdf- ./OFFICAL_SENSITIVE_Qureshi_Tariq_Majid_SoS_Decision_REDACTED.pdf-I have to determine whether the imposition of a prohibition order is proportionate and in ./OFFICAL_SENSITIVE_Qureshi_Tariq_Majid_SoS_Decision_REDACTED.pdf-the public interest. In considering that for this case, I have considered the overall aim of a ./OFFICAL_SENSITIVE_Qureshi_Tariq_Majid_SoS_Decision_REDACTED.pdf-prohibition order which is to protect pupils and to maintain public confidence in the ./OFFICAL_SENSITIVE_Qureshi_Tariq_Majid_SoS_Decision_REDACTED.pdf-profession. I have considered the extent to which a prohibition order in this case would ./OFFICAL_SENSITIVE_Qureshi_Tariq_Majid_SoS_Decision_REDACTED.pdf-achieve that aim taking into account the impact that it will have on the individual teacher. ./OFFICAL_SENSITIVE_Qureshi_Tariq_Majid_SoS_Decision_REDACTED.pdf-I have also asked myself, whether a less intrusive measure, such as the published ./OFFICAL_SENSITIVE_Qureshi_Tariq_Majid_SoS_Decision_REDACTED.pdf-finding of unacceptable professional conduct and conduct that may bring the profession ./OFFICAL_SENSITIVE_Qureshi_Tariq_Majid_SoS_Decision_REDACTED.pdf-into disrepute, would itself be sufficient to achieve the overall aim. I have to consider ./OFFICAL_SENSITIVE_Qureshi_Tariq_Majid_SoS_Decision_REDACTED.pdf-whether the consequences of such a publication are themselves sufficient. I have -- ./OFFICAL_SENSITIVE_Qureshi_Tariq_Majid_SoS_Decision_REDACTED.pdf-were deliberate. There was no evidence to suggest that Dr Qureshi was acting under ./OFFICAL_SENSITIVE_Qureshi_Tariq_Majid_SoS_Decision_REDACTED.pdf-duress, and, in fact, the panel found Dr Qureshi’s actions to be calculated and ./OFFICAL_SENSITIVE_Qureshi_Tariq_Majid_SoS_Decision_REDACTED.pdf-motivated.” ./OFFICAL_SENSITIVE_Qureshi_Tariq_Majid_SoS_Decision_REDACTED.pdf- ./OFFICAL_SENSITIVE_Qureshi_Tariq_Majid_SoS_Decision_REDACTED.pdf-A prohibition order would prevent Dr Qureshi from teaching and would also clearly ./OFFICAL_SENSITIVE_Qureshi_Tariq_Majid_SoS_Decision_REDACTED.pdf-deprive the public of his contribution to the profession for the period that it is in force. ./OFFICAL_SENSITIVE_Qureshi_Tariq_Majid_SoS_Decision_REDACTED.pdf- ./OFFICAL_SENSITIVE_Qureshi_Tariq_Majid_SoS_Decision_REDACTED.pdf-“The panel saw evidence that showed Dr Qureshi was previously subject to a teaching ./OFFICAL_SENSITIVE_Qureshi_Tariq_Majid_SoS_Decision_REDACTED.pdf-prohibition order for similar misconduct. Dr Qureshi’s previous prohibition order was set ./OFFICAL_SENSITIVE_Qureshi_Tariq_Majid_SoS_Decision_REDACTED.pdf-aside in 2017.” I have placed considerable weight on the panels comment “The panel ./OFFICAL_SENSITIVE_Qureshi_Tariq_Majid_SoS_Decision_REDACTED.pdf:considered Dr Qureshi’s misconduct to be a repeated pattern of grooming.” ./OFFICAL_SENSITIVE_Qureshi_Tariq_Majid_SoS_Decision_REDACTED.pdf- ./OFFICAL_SENSITIVE_Qureshi_Tariq_Majid_SoS_Decision_REDACTED.pdf-I have given less weight in my consideration of sanction therefore, to the contribution that ./OFFICAL_SENSITIVE_Qureshi_Tariq_Majid_SoS_Decision_REDACTED.pdf-Dr Qureshi has made to the profession. In my view, it is necessary to impose a ./OFFICAL_SENSITIVE_Qureshi_Tariq_Majid_SoS_Decision_REDACTED.pdf-prohibition order to maintain public confidence in the profession. A published decision, in ./OFFICAL_SENSITIVE_Qureshi_Tariq_Majid_SoS_Decision_REDACTED.pdf-light of the circumstances in this case, that is not backed up by remorse or insight, does ./OFFICAL_SENSITIVE_Qureshi_Tariq_Majid_SoS_Decision_REDACTED.pdf-not in my view satisfy the public interest requirement concerning public confidence in the ./OFFICAL_SENSITIVE_Qureshi_Tariq_Majid_SoS_Decision_REDACTED.pdf-profession. ./OFFICAL_SENSITIVE_Qureshi_Tariq_Majid_SoS_Decision_REDACTED.pdf- ./OFFICAL_SENSITIVE_Qureshi_Tariq_Majid_SoS_Decision_REDACTED.pdf- ./OFFICAL_SENSITIVE_Qureshi_Tariq_Majid_SoS_Decision_REDACTED.pdf- -- ./OFFICAL_SENSITIVE_Qureshi_Tariq_Majid_SoS_Decision_REDACTED.pdf-For these reasons, I have concluded that a prohibition order is proportionate and in the ./OFFICAL_SENSITIVE_Qureshi_Tariq_Majid_SoS_Decision_REDACTED.pdf-public interest in order to achieve the intended aims of a prohibition order. ./OFFICAL_SENSITIVE_Qureshi_Tariq_Majid_SoS_Decision_REDACTED.pdf- ./OFFICAL_SENSITIVE_Qureshi_Tariq_Majid_SoS_Decision_REDACTED.pdf-I have gone on to consider the matter of a review period. In this case, the panel has ./OFFICAL_SENSITIVE_Qureshi_Tariq_Majid_SoS_Decision_REDACTED.pdf-recommended that no provision should be made for a review period. ./OFFICAL_SENSITIVE_Qureshi_Tariq_Majid_SoS_Decision_REDACTED.pdf- ./OFFICAL_SENSITIVE_Qureshi_Tariq_Majid_SoS_Decision_REDACTED.pdf-I have considered the panel’s comments “The panel found that Dr Qureshi’s misconduct ./OFFICAL_SENSITIVE_Qureshi_Tariq_Majid_SoS_Decision_REDACTED.pdf:against Pupil A was sexually motivated and/or of a sexual nature. The panel considered ./OFFICAL_SENSITIVE_Qureshi_Tariq_Majid_SoS_Decision_REDACTED.pdf-Dr Qureshi’s conduct to be dishonest and lacked integrity and the conviction for the three ./OFFICAL_SENSITIVE_Qureshi_Tariq_Majid_SoS_Decision_REDACTED.pdf-assault offences link to violent behaviour.” ./OFFICAL_SENSITIVE_Qureshi_Tariq_Majid_SoS_Decision_REDACTED.pdf- ./OFFICAL_SENSITIVE_Qureshi_Tariq_Majid_SoS_Decision_REDACTED.pdf-I have considered whether allowing for a review period reflects the seriousness of the ./OFFICAL_SENSITIVE_Qureshi_Tariq_Majid_SoS_Decision_REDACTED.pdf-findings and is a proportionate to achieve the aim of maintaining public confidence in the ./OFFICAL_SENSITIVE_Qureshi_Tariq_Majid_SoS_Decision_REDACTED.pdf-profession. In this case, four factors mean that allowing a review period is not sufficient to ./OFFICAL_SENSITIVE_Qureshi_Tariq_Majid_SoS_Decision_REDACTED.pdf-achieve the aim of maintaining public confidence in the profession. These elements are ./OFFICAL_SENSITIVE_Qureshi_Tariq_Majid_SoS_Decision_REDACTED.pdf:the three assault offences and the link to violent behaviour, the sexual nature of the ./OFFICAL_SENSITIVE_Qureshi_Tariq_Majid_SoS_Decision_REDACTED.pdf-findings, the panels consideration that Dr Qureshi’s misconduct was a repeated pattern ./OFFICAL_SENSITIVE_Qureshi_Tariq_Majid_SoS_Decision_REDACTED.pdf:of grooming and the dishonesty. ./OFFICAL_SENSITIVE_Qureshi_Tariq_Majid_SoS_Decision_REDACTED.pdf- ./OFFICAL_SENSITIVE_Qureshi_Tariq_Majid_SoS_Decision_REDACTED.pdf-I consider therefore that allowing for no review period is necessary to maintain public ./OFFICAL_SENSITIVE_Qureshi_Tariq_Majid_SoS_Decision_REDACTED.pdf-confidence and is proportionate and in the public interest. ./OFFICAL_SENSITIVE_Qureshi_Tariq_Majid_SoS_Decision_REDACTED.pdf- ./OFFICAL_SENSITIVE_Qureshi_Tariq_Majid_SoS_Decision_REDACTED.pdf-This means that Dr Tariq Majid Qureshi is prohibited from teaching indefinitely and ./OFFICAL_SENSITIVE_Qureshi_Tariq_Majid_SoS_Decision_REDACTED.pdf-cannot teach in any school, sixth form college, relevant youth accommodation or ./OFFICAL_SENSITIVE_Qureshi_Tariq_Majid_SoS_Decision_REDACTED.pdf-children’s home in England. Furthermore, in view of the seriousness of the allegations ./OFFICAL_SENSITIVE_Qureshi_Tariq_Majid_SoS_Decision_REDACTED.pdf-found proved against him, I have decided that Dr Qureshi shall not be entitled to apply for ./OFFICAL_SENSITIVE_Qureshi_Tariq_Majid_SoS_Decision_REDACTED.pdf-restoration of his eligibility to teach. ./OFFICAL_SENSITIVE_Qureshi_Tariq_Majid_SoS_Decision_REDACTED.pdf- ./OFFICAL_SENSITIVE_Weeks_Charlotte_SOS_Decision__Redacted_.pdf- ./OFFICAL_SENSITIVE_Weeks_Charlotte_SOS_Decision__Redacted_.pdf- b. engaging in conversation with Pupil A alone whilst in a room with the door ./OFFICAL_SENSITIVE_Weeks_Charlotte_SOS_Decision__Redacted_.pdf- closed on at least one occasion during a school trip [redacted]; ./OFFICAL_SENSITIVE_Weeks_Charlotte_SOS_Decision__Redacted_.pdf- ./OFFICAL_SENSITIVE_Weeks_Charlotte_SOS_Decision__Redacted_.pdf- c. engaging in online conversations with Pupil A and/or Pupil B whilst playing ./OFFICAL_SENSITIVE_Weeks_Charlotte_SOS_Decision__Redacted_.pdf- the game ‘Fortnite’ via PlayStation; ./OFFICAL_SENSITIVE_Weeks_Charlotte_SOS_Decision__Redacted_.pdf- ./OFFICAL_SENSITIVE_Weeks_Charlotte_SOS_Decision__Redacted_.pdf- i. without seeking consent from their parents; ./OFFICAL_SENSITIVE_Weeks_Charlotte_SOS_Decision__Redacted_.pdf- ii. without the knowledge and/or or consent of the school’s leadership team; ./OFFICAL_SENSITIVE_Weeks_Charlotte_SOS_Decision__Redacted_.pdf- iii. in which she discussed inappropriate personal matters, such as her ./OFFICAL_SENSITIVE_Weeks_Charlotte_SOS_Decision__Redacted_.pdf: sexuality and/or the sexuality of one or more of her colleagues. ./OFFICAL_SENSITIVE_Weeks_Charlotte_SOS_Decision__Redacted_.pdf- ./OFFICAL_SENSITIVE_Weeks_Charlotte_SOS_Decision__Redacted_.pdf- 2. Her behaviour as may be found proven; ./OFFICAL_SENSITIVE_Weeks_Charlotte_SOS_Decision__Redacted_.pdf- ./OFFICAL_SENSITIVE_Weeks_Charlotte_SOS_Decision__Redacted_.pdf- a. at allegation 1(a)(i) above undermined her colleague(s) decisions and or ./OFFICAL_SENSITIVE_Weeks_Charlotte_SOS_Decision__Redacted_.pdf- instructions to Pupil A; ./OFFICAL_SENSITIVE_Weeks_Charlotte_SOS_Decision__Redacted_.pdf- ./OFFICAL_SENSITIVE_Weeks_Charlotte_SOS_Decision__Redacted_.pdf- b. at 1(c)(iii) above caused Pupil B to be upset and/or distressed. ./OFFICAL_SENSITIVE_Weeks_Charlotte_SOS_Decision__Redacted_.pdf- ./OFFICAL_SENSITIVE_Weeks_Charlotte_SOS_Decision__Redacted_.pdf-Ms Weeks admits the facts of allegations against her and that her behaviour amounts to ./OFFICAL_SENSITIVE_Weeks_Charlotte_SOS_Decision__Redacted_.pdf-unacceptable professional conduct and conduct that may bring the profession into -- ./OFFICAL_SENSITIVE_Weeks_Charlotte_SOS_Decision__Redacted_.pdf- ./OFFICAL_SENSITIVE_Weeks_Charlotte_SOS_Decision__Redacted_.pdf-Ms Weeks accepted that on at least one occasion during the school trip [redacted] she ./OFFICAL_SENSITIVE_Weeks_Charlotte_SOS_Decision__Redacted_.pdf-sat alone in a room with Pupil A whilst the door was closed. ./OFFICAL_SENSITIVE_Weeks_Charlotte_SOS_Decision__Redacted_.pdf- ./OFFICAL_SENSITIVE_Weeks_Charlotte_SOS_Decision__Redacted_.pdf-Ms Weeks accepted that on more than one occasion she had engaged in an online ./OFFICAL_SENSITIVE_Weeks_Charlotte_SOS_Decision__Redacted_.pdf-conversation with Pupils A and/or B whilst playing the game ‘Fortnite’ via a PlayStation. ./OFFICAL_SENSITIVE_Weeks_Charlotte_SOS_Decision__Redacted_.pdf-Ms Weeks admitted that she had done so without the consent of either the pupils’ ./OFFICAL_SENSITIVE_Weeks_Charlotte_SOS_Decision__Redacted_.pdf-parents or the knowledge or consent of the school’s senior leadership team. ./OFFICAL_SENSITIVE_Weeks_Charlotte_SOS_Decision__Redacted_.pdf- ./OFFICAL_SENSITIVE_Weeks_Charlotte_SOS_Decision__Redacted_.pdf-Ms Weeks accepted that during the online conversations she had discussed ./OFFICAL_SENSITIVE_Weeks_Charlotte_SOS_Decision__Redacted_.pdf:inappropriate personal matters with Pupil A and/or B including her sexuality and/or the ./OFFICAL_SENSITIVE_Weeks_Charlotte_SOS_Decision__Redacted_.pdf:sexuality of one of her colleagues. Additionally, Ms Weeks admitted her conduct in this ./OFFICAL_SENSITIVE_Weeks_Charlotte_SOS_Decision__Redacted_.pdf-respect fell far below the standards expected of members of the teaching profession. Ms ./OFFICAL_SENSITIVE_Weeks_Charlotte_SOS_Decision__Redacted_.pdf-Weeks accepted the inappropriate conversations caused Pupil B to be upset. ./OFFICAL_SENSITIVE_Weeks_Charlotte_SOS_Decision__Redacted_.pdf- ./OFFICAL_SENSITIVE_Weeks_Charlotte_SOS_Decision__Redacted_.pdf- ./OFFICAL_SENSITIVE_Weeks_Charlotte_SOS_Decision__Redacted_.pdf- ./OFFICAL_SENSITIVE_Weeks_Charlotte_SOS_Decision__Redacted_.pdf- ./OFFICAL_SENSITIVE_Weeks_Charlotte_SOS_Decision__Redacted_.pdf- 5 ./OFFICAL_SENSITIVE_Weeks_Charlotte_SOS_Decision__Redacted_.pdf- -- ./OFFICAL_SENSITIVE_Weeks_Charlotte_SOS_Decision__Redacted_.pdf-Weeks gave preferential treatment to Pupil A during this trip and undermined the ./OFFICAL_SENSITIVE_Weeks_Charlotte_SOS_Decision__Redacted_.pdf-decisions and instructions given to Pupil A by her colleagues. ./OFFICAL_SENSITIVE_Weeks_Charlotte_SOS_Decision__Redacted_.pdf- ./OFFICAL_SENSITIVE_Weeks_Charlotte_SOS_Decision__Redacted_.pdf-It is alleged that during the school trip Ms Weeks was found alone with Pupil A in the ./OFFICAL_SENSITIVE_Weeks_Charlotte_SOS_Decision__Redacted_.pdf-teachers’ bedroom with the door being closed before a colleague entered. ./OFFICAL_SENSITIVE_Weeks_Charlotte_SOS_Decision__Redacted_.pdf- ./OFFICAL_SENSITIVE_Weeks_Charlotte_SOS_Decision__Redacted_.pdf-It is alleged that in or around July to August 2019, Ms Weeks played an online game, ./OFFICAL_SENSITIVE_Weeks_Charlotte_SOS_Decision__Redacted_.pdf-Fortnite, via a PlayStation games console with Pupil A and on one occasion with Pupil B. ./OFFICAL_SENSITIVE_Weeks_Charlotte_SOS_Decision__Redacted_.pdf-Ms Weeks did not seek consent from the parents and did not inform the school’s ./OFFICAL_SENSITIVE_Weeks_Charlotte_SOS_Decision__Redacted_.pdf-leadership team. It is alleged that, at least on one occasion whilst playing Fortnite, Ms ./OFFICAL_SENSITIVE_Weeks_Charlotte_SOS_Decision__Redacted_.pdf:Weeks talked online to both Pupil A and B about her sexuality and the sexuality of ./OFFICAL_SENSITIVE_Weeks_Charlotte_SOS_Decision__Redacted_.pdf-another staff member at the School. ./OFFICAL_SENSITIVE_Weeks_Charlotte_SOS_Decision__Redacted_.pdf- ./OFFICAL_SENSITIVE_Weeks_Charlotte_SOS_Decision__Redacted_.pdf-Pupil B informed her mother about the conversation. Pupil B’s mother contacted another ./OFFICAL_SENSITIVE_Weeks_Charlotte_SOS_Decision__Redacted_.pdf-teacher at the School. The School reported the incidents to the Local Authority ./OFFICAL_SENSITIVE_Weeks_Charlotte_SOS_Decision__Redacted_.pdf-Designated Officer on 22 August 2019. ./OFFICAL_SENSITIVE_Weeks_Charlotte_SOS_Decision__Redacted_.pdf- ./OFFICAL_SENSITIVE_Weeks_Charlotte_SOS_Decision__Redacted_.pdf-The School began an investigation into Ms Weeks’ conduct in August 2019. The School ./OFFICAL_SENSITIVE_Weeks_Charlotte_SOS_Decision__Redacted_.pdf-held two investigation meetings, on 5 September 2019 and on 8 October 2019. Ms ./OFFICAL_SENSITIVE_Weeks_Charlotte_SOS_Decision__Redacted_.pdf-Weeks did not attend the second meeting. Ms Weeks resigned from her role at the ./OFFICAL_SENSITIVE_Weeks_Charlotte_SOS_Decision__Redacted_.pdf-School on 28 October 2019. -- ./OFFICAL_SENSITIVE_Weeks_Charlotte_SOS_Decision__Redacted_.pdf- Leadership Team; ./OFFICAL_SENSITIVE_Weeks_Charlotte_SOS_Decision__Redacted_.pdf- ./OFFICAL_SENSITIVE_Weeks_Charlotte_SOS_Decision__Redacted_.pdf-On examination of the documents before the panel, and the admission of this allegation ./OFFICAL_SENSITIVE_Weeks_Charlotte_SOS_Decision__Redacted_.pdf-in the signed Statement of Agreed Facts, the panel was satisfied that the allegation was ./OFFICAL_SENSITIVE_Weeks_Charlotte_SOS_Decision__Redacted_.pdf-proven. ./OFFICAL_SENSITIVE_Weeks_Charlotte_SOS_Decision__Redacted_.pdf- ./OFFICAL_SENSITIVE_Weeks_Charlotte_SOS_Decision__Redacted_.pdf-The panel was presented with the School’s polices on safeguarding, social networking ./OFFICAL_SENSITIVE_Weeks_Charlotte_SOS_Decision__Redacted_.pdf-policy and data protection policy. ./OFFICAL_SENSITIVE_Weeks_Charlotte_SOS_Decision__Redacted_.pdf- ./OFFICAL_SENSITIVE_Weeks_Charlotte_SOS_Decision__Redacted_.pdf- iii. in which you discussed inappropriate personal matters, such as ./OFFICAL_SENSITIVE_Weeks_Charlotte_SOS_Decision__Redacted_.pdf: your sexuality and/or the sexuality of one or more of your ./OFFICAL_SENSITIVE_Weeks_Charlotte_SOS_Decision__Redacted_.pdf- colleagues; ./OFFICAL_SENSITIVE_Weeks_Charlotte_SOS_Decision__Redacted_.pdf- ./OFFICAL_SENSITIVE_Weeks_Charlotte_SOS_Decision__Redacted_.pdf-On examination of the documents before the panel, and the admission of this allegation ./OFFICAL_SENSITIVE_Weeks_Charlotte_SOS_Decision__Redacted_.pdf-in the signed Statement of Agreed Facts, the panel was satisfied that the allegation was ./OFFICAL_SENSITIVE_Weeks_Charlotte_SOS_Decision__Redacted_.pdf-proven. ./OFFICAL_SENSITIVE_Weeks_Charlotte_SOS_Decision__Redacted_.pdf- ./OFFICAL_SENSITIVE_Weeks_Charlotte_SOS_Decision__Redacted_.pdf-2. Your behaviour as may be found proven; ./OFFICAL_SENSITIVE_Weeks_Charlotte_SOS_Decision__Redacted_.pdf- ./OFFICAL_SENSITIVE_Weeks_Charlotte_SOS_Decision__Redacted_.pdf- a. at allegation 1(a)(i) above undermined your colleague(s) decisions and or ./OFFICAL_SENSITIVE_Weeks_Charlotte_SOS_Decision__Redacted_.pdf- instructions to Pupil A; ./OFFICIAL_SENSITIVESmith_Peter_SoS_Web_decision_Redacted_final.pdf- ./OFFICIAL_SENSITIVESmith_Peter_SoS_Web_decision_Redacted_final.pdf- 1. On or around 12 May 2014 you were convicted at Wellingborough Magistrates ./OFFICIAL_SENSITIVESmith_Peter_SoS_Web_decision_Redacted_final.pdf- Court of the offence of pursuing a course of conduct which amounts to ./OFFICIAL_SENSITIVESmith_Peter_SoS_Web_decision_Redacted_final.pdf- harassment between 1 May 2013 and 19 December 2013, contrary to ss.2(1) and ./OFFICIAL_SENSITIVESmith_Peter_SoS_Web_decision_Redacted_final.pdf- 2(2) Protection from Harassment Act 1997 and were sentenced to a period of ./OFFICIAL_SENSITIVESmith_Peter_SoS_Web_decision_Redacted_final.pdf- imprisonment of 14 weeks, suspended for 18 months; ./OFFICIAL_SENSITIVESmith_Peter_SoS_Web_decision_Redacted_final.pdf- 2. Withheld relevant information around your conviction including, but not limited to, ./OFFICIAL_SENSITIVESmith_Peter_SoS_Web_decision_Redacted_final.pdf- the sentence of suspended imprisonment which you received; ./OFFICIAL_SENSITIVESmith_Peter_SoS_Web_decision_Redacted_final.pdf- 3. Failed to disclose your previous disciplinary investigations and/or actions in the ./OFFICIAL_SENSITIVESmith_Peter_SoS_Web_decision_Redacted_final.pdf- application form or at all; ./OFFICIAL_SENSITIVESmith_Peter_SoS_Web_decision_Redacted_final.pdf: 4. Engaged in sexual activity in the presence of a child; ./OFFICIAL_SENSITIVESmith_Peter_SoS_Web_decision_Redacted_final.pdf- 5. Your conduct as may be found proven at allegation 2 and/or 3, above lacked ./OFFICIAL_SENSITIVESmith_Peter_SoS_Web_decision_Redacted_final.pdf- integrity and/or was dishonest; ./OFFICIAL_SENSITIVESmith_Peter_SoS_Web_decision_Redacted_final.pdf- ./OFFICIAL_SENSITIVESmith_Peter_SoS_Web_decision_Redacted_final.pdf- ./OFFICIAL_SENSITIVESmith_Peter_SoS_Web_decision_Redacted_final.pdf- ./OFFICIAL_SENSITIVESmith_Peter_SoS_Web_decision_Redacted_final.pdf- 4 ./OFFICIAL_SENSITIVESmith_Peter_SoS_Web_decision_Redacted_final.pdf- -- ./OFFICIAL_SENSITIVESmith_Peter_SoS_Web_decision_Redacted_final.pdf-Mr Smith applied for a position at the School in March 2018. Mr Smith disclosed a ./OFFICIAL_SENSITIVESmith_Peter_SoS_Web_decision_Redacted_final.pdf-harassment without violence conviction on his application form. Mr Smith was ./OFFICIAL_SENSITIVESmith_Peter_SoS_Web_decision_Redacted_final.pdf-subsequently interviewed for a teaching position at the School in April 2018 where he ./OFFICIAL_SENSITIVESmith_Peter_SoS_Web_decision_Redacted_final.pdf-was questioned about his conviction. Mr Smith started employment at the School in June ./OFFICIAL_SENSITIVESmith_Peter_SoS_Web_decision_Redacted_final.pdf-2018. On the first day of Mr Smith’s employment, the teacher provided the School with ./OFFICIAL_SENSITIVESmith_Peter_SoS_Web_decision_Redacted_final.pdf-his DBS certificate. The DBS certificate disclosed that Mr Smith was sentenced to 14 ./OFFICIAL_SENSITIVESmith_Peter_SoS_Web_decision_Redacted_final.pdf-weeks imprisonment, which was suspended for a period of 18 months. Consequently, Mr ./OFFICIAL_SENSITIVESmith_Peter_SoS_Web_decision_Redacted_final.pdf-Smith was asked to provide further information about the conviction. Mr Smith stated that ./OFFICIAL_SENSITIVESmith_Peter_SoS_Web_decision_Redacted_final.pdf-he did not have any of the court documentation. He did, however, offer his notes which ./OFFICIAL_SENSITIVESmith_Peter_SoS_Web_decision_Redacted_final.pdf-he had provided to his solicitor at the time. The notes revealed that Mr Smith had ./OFFICIAL_SENSITIVESmith_Peter_SoS_Web_decision_Redacted_final.pdf:engaged in sexual activity on a number of occasions [Redacted] in the presence of a ./OFFICIAL_SENSITIVESmith_Peter_SoS_Web_decision_Redacted_final.pdf-child. The School alleged that Mr Smith withheld information surrounding the severity and ./OFFICIAL_SENSITIVESmith_Peter_SoS_Web_decision_Redacted_final.pdf-circumstances of the conviction and failed to disclose information which could impact ./OFFICIAL_SENSITIVESmith_Peter_SoS_Web_decision_Redacted_final.pdf-upon his suitability to work with children. On 12 July 2018, Mr Smith was suspended ./OFFICIAL_SENSITIVESmith_Peter_SoS_Web_decision_Redacted_final.pdf-pending investigation and a probation review meeting was held on 18 July 2018. Mr ./OFFICIAL_SENSITIVESmith_Peter_SoS_Web_decision_Redacted_final.pdf-Smith was dismissed on 19 July 2018. He appealed, but the decision was upheld. ./OFFICIAL_SENSITIVESmith_Peter_SoS_Web_decision_Redacted_final.pdf- ./OFFICIAL_SENSITIVESmith_Peter_SoS_Web_decision_Redacted_final.pdf-Findings of fact ./OFFICIAL_SENSITIVESmith_Peter_SoS_Web_decision_Redacted_final.pdf- ./OFFICIAL_SENSITIVESmith_Peter_SoS_Web_decision_Redacted_final.pdf-The findings of fact are as follows: ./OFFICIAL_SENSITIVESmith_Peter_SoS_Web_decision_Redacted_final.pdf- -- ./OFFICIAL_SENSITIVESmith_Peter_SoS_Web_decision_Redacted_final.pdf-informed of the outcome via letter to his home address. It was clear that Mr Smith had ./OFFICIAL_SENSITIVESmith_Peter_SoS_Web_decision_Redacted_final.pdf-corresponded with his previous employer in relation to the outcome as Mr Smith ./OFFICIAL_SENSITIVESmith_Peter_SoS_Web_decision_Redacted_final.pdf-appealed the decision. That appeal was unsuccessful. The panel, therefore, concluded ./OFFICIAL_SENSITIVESmith_Peter_SoS_Web_decision_Redacted_final.pdf-that Mr Smith was aware that he was subject to a disciplinary investigation in a previous ./OFFICIAL_SENSITIVESmith_Peter_SoS_Web_decision_Redacted_final.pdf-role. ./OFFICIAL_SENSITIVESmith_Peter_SoS_Web_decision_Redacted_final.pdf-The panel found allegation 3 proved. ./OFFICIAL_SENSITIVESmith_Peter_SoS_Web_decision_Redacted_final.pdf: 4. Engaged in sexual activity in the presence of a child. ./OFFICIAL_SENSITIVESmith_Peter_SoS_Web_decision_Redacted_final.pdf-The panel assessed all of the evidence before it. ./OFFICIAL_SENSITIVESmith_Peter_SoS_Web_decision_Redacted_final.pdf-In Mr Smith’s notes to his solicitor, Mr Smith stated that ‘me and [Child A] play Guitar ./OFFICIAL_SENSITIVESmith_Peter_SoS_Web_decision_Redacted_final.pdf-Hero. Mr Smith’s [Redacted] “gets into bed [Redacted]. [Redacted] as I play the game. I ./OFFICIAL_SENSITIVESmith_Peter_SoS_Web_decision_Redacted_final.pdf-join her while [Child A] continues to play the game begrudgingly alone”. When questioned ./OFFICIAL_SENSITIVESmith_Peter_SoS_Web_decision_Redacted_final.pdf-by the presenting officer whether [Redacted] continued after that point, Mr Smith ./OFFICIAL_SENSITIVESmith_Peter_SoS_Web_decision_Redacted_final.pdf-responded “yes”. ./OFFICIAL_SENSITIVESmith_Peter_SoS_Web_decision_Redacted_final.pdf-The presenting officer asked how old Child A was at the time. Mr Smith said that Child A ./OFFICIAL_SENSITIVESmith_Peter_SoS_Web_decision_Redacted_final.pdf-was [Redacted] years old. ./OFFICIAL_SENSITIVESmith_Peter_SoS_Web_decision_Redacted_final.pdf-Mr Smith stated that his [Redacted] was “[Redacted] while I played [Child A] at ./OFFICIAL_SENSITIVESmith_Peter_SoS_Web_decision_Redacted_final.pdf-[Redacted] while [Child A] was in the same room and we were under the covers”. ./OFFICIAL_SENSITIVESmith_Peter_SoS_Web_decision_Redacted_final.pdf:In his oral evidence, Mr Smith acknowledged that he did have sex with his [Redacted] ./OFFICIAL_SENSITIVESmith_Peter_SoS_Web_decision_Redacted_final.pdf-while Child A was in the room. However, he stated that Child A had no idea of what he ./OFFICIAL_SENSITIVESmith_Peter_SoS_Web_decision_Redacted_final.pdf-and his [Redacted] were doing. Under questioning, Mr Smith insisted that he and his ./OFFICIAL_SENSITIVESmith_Peter_SoS_Web_decision_Redacted_final.pdf-[Redacted] made no [Redacted] and, consequently, Child A could not have heard any ./OFFICIAL_SENSITIVESmith_Peter_SoS_Web_decision_Redacted_final.pdf-[Redacted]. ./OFFICIAL_SENSITIVESmith_Peter_SoS_Web_decision_Redacted_final.pdf-Witness A confirmed in oral evidence that Mr Smith had told him he did take part in ./OFFICIAL_SENSITIVESmith_Peter_SoS_Web_decision_Redacted_final.pdf-[Redacted] in the presence of a child in the same room. ./OFFICIAL_SENSITIVESmith_Peter_SoS_Web_decision_Redacted_final.pdf-The panel noted that Mr Smith stated that his [Redacted] and Child A denied anything ./OFFICIAL_SENSITIVESmith_Peter_SoS_Web_decision_Redacted_final.pdf-[Redacted] took place whilst in the presence of Child A. ./OFFICIAL_SENSITIVESmith_Peter_SoS_Web_decision_Redacted_final.pdf-On the balance of probabilities, the panel found allegation 4 proved. ./OFFICIAL_SENSITIVESmith_Peter_SoS_Web_decision_Redacted_final.pdf- 6. Your conduct as may be found proven at 4 above, affected, or had the -- ./OFFICIAL_SENSITIVESmith_Peter_SoS_Web_decision_Redacted_final.pdf-orders should not be given in order to be punitive, or to show that blame has been ./OFFICIAL_SENSITIVESmith_Peter_SoS_Web_decision_Redacted_final.pdf-apportioned, although they are likely to have punitive effect. ./OFFICIAL_SENSITIVESmith_Peter_SoS_Web_decision_Redacted_final.pdf- ./OFFICIAL_SENSITIVESmith_Peter_SoS_Web_decision_Redacted_final.pdf-The panel had regard to the particular public interest considerations set out in the Advice ./OFFICIAL_SENSITIVESmith_Peter_SoS_Web_decision_Redacted_final.pdf-and having done so, found a number of them to be relevant in this case, namely, the ./OFFICIAL_SENSITIVESmith_Peter_SoS_Web_decision_Redacted_final.pdf-protection of pupils, the protection of other members of the public, the maintenance of ./OFFICIAL_SENSITIVESmith_Peter_SoS_Web_decision_Redacted_final.pdf-public confidence in the profession, declaring and upholding proper standards of conduct ./OFFICIAL_SENSITIVESmith_Peter_SoS_Web_decision_Redacted_final.pdf-and the interest of retaining the teacher in the profession. ./OFFICIAL_SENSITIVESmith_Peter_SoS_Web_decision_Redacted_final.pdf- ./OFFICIAL_SENSITIVESmith_Peter_SoS_Web_decision_Redacted_final.pdf-In the light of the panel’s findings against Mr Smith, which involved a relevant offence ./OFFICIAL_SENSITIVESmith_Peter_SoS_Web_decision_Redacted_final.pdf:and sexual activity in the presence of a child, there were strong public interest ./OFFICIAL_SENSITIVESmith_Peter_SoS_Web_decision_Redacted_final.pdf-considerations as detailed below: ./OFFICIAL_SENSITIVESmith_Peter_SoS_Web_decision_Redacted_final.pdf- ./OFFICIAL_SENSITIVESmith_Peter_SoS_Web_decision_Redacted_final.pdf: I. In respect of the protection of pupils, given the serious finding of sexual activity in ./OFFICIAL_SENSITIVESmith_Peter_SoS_Web_decision_Redacted_final.pdf- the presence of a child. ./OFFICIAL_SENSITIVESmith_Peter_SoS_Web_decision_Redacted_final.pdf- II. Public confidence in the profession could be seriously weakened if conduct such ./OFFICIAL_SENSITIVESmith_Peter_SoS_Web_decision_Redacted_final.pdf- as that found against Mr Smith were not treated with the utmost seriousness when ./OFFICIAL_SENSITIVESmith_Peter_SoS_Web_decision_Redacted_final.pdf- regulating the conduct of the profession. ./OFFICIAL_SENSITIVESmith_Peter_SoS_Web_decision_Redacted_final.pdf-III. Retaining the teacher in the profession since limited doubt had been cast upon his ./OFFICIAL_SENSITIVESmith_Peter_SoS_Web_decision_Redacted_final.pdf- abilities as an educator and he was able to make a valuable contribution to the ./OFFICIAL_SENSITIVESmith_Peter_SoS_Web_decision_Redacted_final.pdf- profession. ./OFFICIAL_SENSITIVESmith_Peter_SoS_Web_decision_Redacted_final.pdf-In view of the clear public interest considerations that were present, the panel considered ./OFFICIAL_SENSITIVESmith_Peter_SoS_Web_decision_Redacted_final.pdf-carefully whether or not it would be proportionate to impose a prohibition order, taking ./OFFICIAL_SENSITIVESmith_Peter_SoS_Web_decision_Redacted_final.pdf-into account the effect that this would have on Mr Smith. -- ./OFFICIAL_SENSITIVESmith_Peter_SoS_Web_decision_Redacted_final.pdf- purposes of The Police Act 1997 and criminal record disclosures. ./OFFICIAL_SENSITIVESmith_Peter_SoS_Web_decision_Redacted_final.pdf- ./OFFICIAL_SENSITIVESmith_Peter_SoS_Web_decision_Redacted_final.pdf-Even though some of the behaviour found proved in this case indicated that a prohibition ./OFFICIAL_SENSITIVESmith_Peter_SoS_Web_decision_Redacted_final.pdf-order would be appropriate, the panel went on to consider the mitigating factors. ./OFFICIAL_SENSITIVESmith_Peter_SoS_Web_decision_Redacted_final.pdf-Mitigating factors may indicate that a prohibition order would not be appropriate or ./OFFICIAL_SENSITIVESmith_Peter_SoS_Web_decision_Redacted_final.pdf-proportionate. ./OFFICIAL_SENSITIVESmith_Peter_SoS_Web_decision_Redacted_final.pdf- ./OFFICIAL_SENSITIVESmith_Peter_SoS_Web_decision_Redacted_final.pdf-Mr Smith had a previously good record. The teacher’s representative told the panel that ./OFFICIAL_SENSITIVESmith_Peter_SoS_Web_decision_Redacted_final.pdf-Mr Smith was having [Redacted] during the period of the harassment offence for which ./OFFICIAL_SENSITIVESmith_Peter_SoS_Web_decision_Redacted_final.pdf-Mr Smith was convicted. The panel, however, concluded that this was not a suitable ./OFFICIAL_SENSITIVESmith_Peter_SoS_Web_decision_Redacted_final.pdf:reason to dismiss the seriousness of the offence and the sexual activity in the presence ./OFFICIAL_SENSITIVESmith_Peter_SoS_Web_decision_Redacted_final.pdf-of a child. ./OFFICIAL_SENSITIVESmith_Peter_SoS_Web_decision_Redacted_final.pdf- ./OFFICIAL_SENSITIVESmith_Peter_SoS_Web_decision_Redacted_final.pdf-As far as the panel was aware, Mr Smith had a previously good history and the panel ./OFFICIAL_SENSITIVESmith_Peter_SoS_Web_decision_Redacted_final.pdf-accepted that the incident was out of character. The teacher’s representative provided ./OFFICIAL_SENSITIVESmith_Peter_SoS_Web_decision_Redacted_final.pdf-the panel with five character references. ./OFFICIAL_SENSITIVESmith_Peter_SoS_Web_decision_Redacted_final.pdf- ./OFFICIAL_SENSITIVESmith_Peter_SoS_Web_decision_Redacted_final.pdf-A previous work colleague said: “I have known Peter since September 2009, so for ./OFFICIAL_SENSITIVESmith_Peter_SoS_Web_decision_Redacted_final.pdf-almost 12 years now. We met when I moved to Unity College [Redacted]. Although he ./OFFICIAL_SENSITIVESmith_Peter_SoS_Web_decision_Redacted_final.pdf-was in the Maths faculty and I was in the Science faculty we were both rated highly as ./OFFICIAL_SENSITIVESmith_Peter_SoS_Web_decision_Redacted_final.pdf-teachers and got to know one through the outstanding teachers [sic] programme which -- ./OFFICIAL_SENSITIVESmith_Peter_SoS_Web_decision_Redacted_final.pdf-made by the panel would be sufficient. ./OFFICIAL_SENSITIVESmith_Peter_SoS_Web_decision_Redacted_final.pdf- ./OFFICIAL_SENSITIVESmith_Peter_SoS_Web_decision_Redacted_final.pdf-The panel was of the view that, applying the standard of the ordinary intelligent citizen, it ./OFFICIAL_SENSITIVESmith_Peter_SoS_Web_decision_Redacted_final.pdf-would not be a proportionate and appropriate response to recommend no prohibition ./OFFICIAL_SENSITIVESmith_Peter_SoS_Web_decision_Redacted_final.pdf-order. Recommending that the publication of adverse findings would be sufficient would ./OFFICIAL_SENSITIVESmith_Peter_SoS_Web_decision_Redacted_final.pdf-unacceptably compromise the public interest considerations present in this case, despite ./OFFICIAL_SENSITIVESmith_Peter_SoS_Web_decision_Redacted_final.pdf-the severity of the consequences for Mr Smith of prohibition. ./OFFICIAL_SENSITIVESmith_Peter_SoS_Web_decision_Redacted_final.pdf- ./OFFICIAL_SENSITIVESmith_Peter_SoS_Web_decision_Redacted_final.pdf-The panel was of the view that prohibition was both proportionate and appropriate. The ./OFFICIAL_SENSITIVESmith_Peter_SoS_Web_decision_Redacted_final.pdf-panel decided that the public interest considerations outweighed the interests of Mr ./OFFICIAL_SENSITIVESmith_Peter_SoS_Web_decision_Redacted_final.pdf:Smith. Mr Smith’s sexual activity with his [Redacted], in the presence of a child in the ./OFFICIAL_SENSITIVESmith_Peter_SoS_Web_decision_Redacted_final.pdf-same room was a significant factor in forming that opinion. Accordingly, the panel made a ./OFFICIAL_SENSITIVESmith_Peter_SoS_Web_decision_Redacted_final.pdf-recommendation to the Secretary of State that a prohibition order should be imposed with ./OFFICIAL_SENSITIVESmith_Peter_SoS_Web_decision_Redacted_final.pdf-immediate effect. ./OFFICIAL_SENSITIVESmith_Peter_SoS_Web_decision_Redacted_final.pdf- ./OFFICIAL_SENSITIVESmith_Peter_SoS_Web_decision_Redacted_final.pdf-The panel went on to consider whether or not it would be appropriate for it to decide to ./OFFICIAL_SENSITIVESmith_Peter_SoS_Web_decision_Redacted_final.pdf-recommend a review period of the order. The panel was mindful that the Advice states ./OFFICIAL_SENSITIVESmith_Peter_SoS_Web_decision_Redacted_final.pdf-that a prohibition order applies for life, but there may be circumstances, in any given ./OFFICIAL_SENSITIVESmith_Peter_SoS_Web_decision_Redacted_final.pdf-case, that may make it appropriate to allow a teacher to apply to have the prohibition ./OFFICIAL_SENSITIVESmith_Peter_SoS_Web_decision_Redacted_final.pdf-order reviewed after a specified period of time that may not be less than two years. ./OFFICIAL_SENSITIVESmith_Peter_SoS_Web_decision_Redacted_final.pdf- ./OFFICIAL_SENSITIVESmith_Peter_SoS_Web_decision_Redacted_final.pdf-The Advice indicates that there are behaviours that, if proved, would militate against the ./OFFICIAL_SENSITIVESmith_Peter_SoS_Web_decision_Redacted_final.pdf-recommendation of a review period, but the panel did not consider any of these to be ./OFFICIAL_SENSITIVESmith_Peter_SoS_Web_decision_Redacted_final.pdf-relevant. ./OFFICIAL_SENSITIVESmith_Peter_SoS_Web_decision_Redacted_final.pdf- ./OFFICIAL_SENSITIVESmith_Peter_SoS_Web_decision_Redacted_final.pdf-The panel accepted that Mr Smith has shown some insight into his actions. For example, ./OFFICIAL_SENSITIVESmith_Peter_SoS_Web_decision_Redacted_final.pdf:when Mr Smith was questioned by the presenting officer about the sexual activity with his ./OFFICIAL_SENSITIVESmith_Peter_SoS_Web_decision_Redacted_final.pdf-[Redacted], in the presence of a child, Mr Smith stated that his conduct was “absolutely ./OFFICIAL_SENSITIVESmith_Peter_SoS_Web_decision_Redacted_final.pdf-disgusting”. ./OFFICIAL_SENSITIVESmith_Peter_SoS_Web_decision_Redacted_final.pdf- ./OFFICIAL_SENSITIVESmith_Peter_SoS_Web_decision_Redacted_final.pdf-The panel noted that there was no direct evidence from Mr Smith’s [Redacted] or Child A ./OFFICIAL_SENSITIVESmith_Peter_SoS_Web_decision_Redacted_final.pdf:in respect of the finding of sexual activity in the presence of a child. However, the panel ./OFFICIAL_SENSITIVESmith_Peter_SoS_Web_decision_Redacted_final.pdf-recognised that the evidence came entirely from Mr Smith’s own words. ./OFFICIAL_SENSITIVESmith_Peter_SoS_Web_decision_Redacted_final.pdf- ./OFFICIAL_SENSITIVESmith_Peter_SoS_Web_decision_Redacted_final.pdf-The panel also took into consideration that whilst Mr Smith was sentenced to 14 weeks ./OFFICIAL_SENSITIVESmith_Peter_SoS_Web_decision_Redacted_final.pdf-imprisonment, which was suspended for a period of 18 months, the harassment ./OFFICIAL_SENSITIVESmith_Peter_SoS_Web_decision_Redacted_final.pdf-conviction was without violence. ./OFFICIAL_SENSITIVESmith_Peter_SoS_Web_decision_Redacted_final.pdf- ./OFFICIAL_SENSITIVESmith_Peter_SoS_Web_decision_Redacted_final.pdf-Mr Smith has since attended [Redacted]. When questioned by the panel, Mr Smith stated ./OFFICIAL_SENSITIVESmith_Peter_SoS_Web_decision_Redacted_final.pdf-that he no longer needed the [Redacted]. Mr Smith also stated that he had a steady job ./OFFICIAL_SENSITIVESmith_Peter_SoS_Web_decision_Redacted_final.pdf-and stable family situation. ./OFFICIAL_SENSITIVESmith_Peter_SoS_Web_decision_Redacted_final.pdf- -- ./OFFICIAL_SENSITIVESmith_Peter_SoS_Web_decision_Redacted_final.pdf- ethics and behaviour, within and outside school, by ./OFFICIAL_SENSITIVESmith_Peter_SoS_Web_decision_Redacted_final.pdf- o at all times observing proper boundaries appropriate to a teacher’s ./OFFICIAL_SENSITIVESmith_Peter_SoS_Web_decision_Redacted_final.pdf- professional position ./OFFICIAL_SENSITIVESmith_Peter_SoS_Web_decision_Redacted_final.pdf-  Teachers uphold public trust in the profession and maintain high standards of ./OFFICIAL_SENSITIVESmith_Peter_SoS_Web_decision_Redacted_final.pdf- ethics and behaviour, within and outside school, by ./OFFICIAL_SENSITIVESmith_Peter_SoS_Web_decision_Redacted_final.pdf- o showing tolerance of and respect for the rights of others ./OFFICIAL_SENSITIVESmith_Peter_SoS_Web_decision_Redacted_final.pdf-The panel finds that the conduct of Mr Smith fell significantly short of the standards ./OFFICIAL_SENSITIVESmith_Peter_SoS_Web_decision_Redacted_final.pdf-expected of the profession. ./OFFICIAL_SENSITIVESmith_Peter_SoS_Web_decision_Redacted_final.pdf- ./OFFICIAL_SENSITIVESmith_Peter_SoS_Web_decision_Redacted_final.pdf-The findings of misconduct are particularly serious as they include a finding of a ./OFFICIAL_SENSITIVESmith_Peter_SoS_Web_decision_Redacted_final.pdf:conviction of harassment, engaging in sexual activity in the presence of a child and that ./OFFICIAL_SENSITIVESmith_Peter_SoS_Web_decision_Redacted_final.pdf-conduct found proven affected or had the potential to affect Mr Smith’s suitability to work ./OFFICIAL_SENSITIVESmith_Peter_SoS_Web_decision_Redacted_final.pdf-with children. ./OFFICIAL_SENSITIVESmith_Peter_SoS_Web_decision_Redacted_final.pdf- ./OFFICIAL_SENSITIVESmith_Peter_SoS_Web_decision_Redacted_final.pdf-I have to determine whether the imposition of a prohibition order is proportionate and in ./OFFICIAL_SENSITIVESmith_Peter_SoS_Web_decision_Redacted_final.pdf-the public interest. In considering that for this case, I have considered the overall aim of a ./OFFICIAL_SENSITIVESmith_Peter_SoS_Web_decision_Redacted_final.pdf-prohibition order which is to protect pupils and to maintain public confidence in the ./OFFICIAL_SENSITIVESmith_Peter_SoS_Web_decision_Redacted_final.pdf-profession. I have considered the extent to which a prohibition order in this case would ./OFFICIAL_SENSITIVESmith_Peter_SoS_Web_decision_Redacted_final.pdf- ./OFFICIAL_SENSITIVESmith_Peter_SoS_Web_decision_Redacted_final.pdf- 18 ./OFFICIAL_SENSITIVESmith_Peter_SoS_Web_decision_Redacted_final.pdf- -- ./OFFICIAL_SENSITIVESmith_Peter_SoS_Web_decision_Redacted_final.pdf-achieve that aim taking into account the impact that it will have on the individual teacher. ./OFFICIAL_SENSITIVESmith_Peter_SoS_Web_decision_Redacted_final.pdf-I have also asked myself, whether a less intrusive measure, such as the published ./OFFICIAL_SENSITIVESmith_Peter_SoS_Web_decision_Redacted_final.pdf-finding of unacceptable professional conduct and conduct that may bring the profession ./OFFICIAL_SENSITIVESmith_Peter_SoS_Web_decision_Redacted_final.pdf-into disrepute, would itself be sufficient to achieve the overall aim. I have to consider ./OFFICIAL_SENSITIVESmith_Peter_SoS_Web_decision_Redacted_final.pdf-whether the consequences of such a publication are themselves sufficient. I have ./OFFICIAL_SENSITIVESmith_Peter_SoS_Web_decision_Redacted_final.pdf-considered therefore whether or not prohibiting Mr Smith, and the impact that will have ./OFFICIAL_SENSITIVESmith_Peter_SoS_Web_decision_Redacted_final.pdf-on him, is proportionate and in the public interest. ./OFFICIAL_SENSITIVESmith_Peter_SoS_Web_decision_Redacted_final.pdf- ./OFFICIAL_SENSITIVESmith_Peter_SoS_Web_decision_Redacted_final.pdf-In this case, I have considered the extent to which a prohibition order would protect ./OFFICIAL_SENSITIVESmith_Peter_SoS_Web_decision_Redacted_final.pdf-children. The panel has observed, “In the light of the panel’s findings against Mr Smith, ./OFFICIAL_SENSITIVESmith_Peter_SoS_Web_decision_Redacted_final.pdf:which involved a relevant offence and sexual activity in the presence of a child, there ./OFFICIAL_SENSITIVESmith_Peter_SoS_Web_decision_Redacted_final.pdf-were strong public interest considerations: In respect of the protection of pupils, given the ./OFFICIAL_SENSITIVESmith_Peter_SoS_Web_decision_Redacted_final.pdf:serious finding of sexual activity in the presence of a child”. A prohibition order would ./OFFICIAL_SENSITIVESmith_Peter_SoS_Web_decision_Redacted_final.pdf-therefore prevent such a risk from being present in the future. ./OFFICIAL_SENSITIVESmith_Peter_SoS_Web_decision_Redacted_final.pdf- ./OFFICIAL_SENSITIVESmith_Peter_SoS_Web_decision_Redacted_final.pdf-I have also taken into account the panel’s comments on insight and remorse, which the ./OFFICIAL_SENSITIVESmith_Peter_SoS_Web_decision_Redacted_final.pdf-panel sets out as follows, “The panel accepted that Mr Smith has shown some insight ./OFFICIAL_SENSITIVESmith_Peter_SoS_Web_decision_Redacted_final.pdf-into his actions. For example, when Mr Smith was questioned by the presenting officer ./OFFICIAL_SENSITIVESmith_Peter_SoS_Web_decision_Redacted_final.pdf:about the sexual activity with his [Redacted], in the presence of a child, Mr Smith stated ./OFFICIAL_SENSITIVESmith_Peter_SoS_Web_decision_Redacted_final.pdf-that his conduct was “absolutely disgusting”. ./OFFICIAL_SENSITIVESmith_Peter_SoS_Web_decision_Redacted_final.pdf- ./OFFICIAL_SENSITIVESmith_Peter_SoS_Web_decision_Redacted_final.pdf-I have gone on to consider the extent to which a prohibition order would maintain public ./OFFICIAL_SENSITIVESmith_Peter_SoS_Web_decision_Redacted_final.pdf-confidence in the profession. The panel observe, “the panel found that the seriousness ./OFFICIAL_SENSITIVESmith_Peter_SoS_Web_decision_Redacted_final.pdf-of the offence that led to the conviction was relevant to Mr Smith’s ongoing suitability to ./OFFICIAL_SENSITIVESmith_Peter_SoS_Web_decision_Redacted_final.pdf-teach. The panel found that this was a relevant offence. It is necessary to reaffirm clear ./OFFICIAL_SENSITIVESmith_Peter_SoS_Web_decision_Redacted_final.pdf-standards of conduct so as to maintain public confidence in the teaching profession”. ./OFFICIAL_SENSITIVESmith_Peter_SoS_Web_decision_Redacted_final.pdf- ./OFFICIAL_SENSITIVESmith_Peter_SoS_Web_decision_Redacted_final.pdf:Although outside the education setting, I am particularly mindful of the finding of sexual ./OFFICIAL_SENSITIVESmith_Peter_SoS_Web_decision_Redacted_final.pdf-activity in the presence of a [Redacted] year old child in this case and the impact that ./OFFICIAL_SENSITIVESmith_Peter_SoS_Web_decision_Redacted_final.pdf-such a finding has on the reputation of the profession. ./OFFICIAL_SENSITIVESmith_Peter_SoS_Web_decision_Redacted_final.pdf- ./OFFICIAL_SENSITIVESmith_Peter_SoS_Web_decision_Redacted_final.pdf-I have had to consider that the public has a high expectation of professional standards of ./OFFICIAL_SENSITIVESmith_Peter_SoS_Web_decision_Redacted_final.pdf-all teachers and that the public might regard a failure to impose a prohibition order as a ./OFFICIAL_SENSITIVESmith_Peter_SoS_Web_decision_Redacted_final.pdf-failure to uphold those high standards. In weighing these considerations, I have had to ./OFFICIAL_SENSITIVESmith_Peter_SoS_Web_decision_Redacted_final.pdf-consider the matter from the point of view of an “ordinary intelligent and well-informed ./OFFICIAL_SENSITIVESmith_Peter_SoS_Web_decision_Redacted_final.pdf-citizen.” ./OFFICIAL_SENSITIVESmith_Peter_SoS_Web_decision_Redacted_final.pdf- ./OFFICIAL_SENSITIVESmith_Peter_SoS_Web_decision_Redacted_final.pdf-I have considered whether the publication of a finding of unacceptable professional -- ./OFFICIAL_SENSITIVESmith_Peter_SoS_Web_decision_Redacted_final.pdf-character. The teacher’s representative provided the panel with five character ./OFFICIAL_SENSITIVESmith_Peter_SoS_Web_decision_Redacted_final.pdf-references”. ./OFFICIAL_SENSITIVESmith_Peter_SoS_Web_decision_Redacted_final.pdf- ./OFFICIAL_SENSITIVESmith_Peter_SoS_Web_decision_Redacted_final.pdf-A prohibition order would prevent Mr Smith from teaching. A prohibition order would also ./OFFICIAL_SENSITIVESmith_Peter_SoS_Web_decision_Redacted_final.pdf-clearly deprive the public of his contribution to the profession for the period that it is in ./OFFICIAL_SENSITIVESmith_Peter_SoS_Web_decision_Redacted_final.pdf-force. ./OFFICIAL_SENSITIVESmith_Peter_SoS_Web_decision_Redacted_final.pdf- ./OFFICIAL_SENSITIVESmith_Peter_SoS_Web_decision_Redacted_final.pdf-In this case, I have placed considerable weight on the panel’s comments “The panel ./OFFICIAL_SENSITIVESmith_Peter_SoS_Web_decision_Redacted_final.pdf-decided that the public interest considerations outweighed the interests of Mr Smith. Mr ./OFFICIAL_SENSITIVESmith_Peter_SoS_Web_decision_Redacted_final.pdf:Smith’s sexual activity with his [Redacted], in the presence of a child in the same room ./OFFICIAL_SENSITIVESmith_Peter_SoS_Web_decision_Redacted_final.pdf-was a significant factor in forming that opinion”. ./OFFICIAL_SENSITIVESmith_Peter_SoS_Web_decision_Redacted_final.pdf- ./OFFICIAL_SENSITIVESmith_Peter_SoS_Web_decision_Redacted_final.pdf-I have given less weight in my consideration of sanction therefore, to the contribution that ./OFFICIAL_SENSITIVESmith_Peter_SoS_Web_decision_Redacted_final.pdf-Mr Smith has made to the profession. In my view, it is necessary to impose a prohibition ./OFFICIAL_SENSITIVESmith_Peter_SoS_Web_decision_Redacted_final.pdf-order in order to maintain public confidence in the profession. A published decision, in ./OFFICIAL_SENSITIVESmith_Peter_SoS_Web_decision_Redacted_final.pdf-light of the circumstances in this case, does not in my view satisfy the public interest ./OFFICIAL_SENSITIVESmith_Peter_SoS_Web_decision_Redacted_final.pdf-requirement concerning public confidence in the profession. ./OFFICIAL_SENSITIVESmith_Peter_SoS_Web_decision_Redacted_final.pdf- ./OFFICIAL_SENSITIVESmith_Peter_SoS_Web_decision_Redacted_final.pdf-For these reasons, I have concluded that a prohibition order is proportionate and in the ./OFFICIAL_SENSITIVESmith_Peter_SoS_Web_decision_Redacted_final.pdf-public interest in order to achieve the intended aims of a prohibition order. -- ./OFFICIAL_SENSITIVESmith_Peter_SoS_Web_decision_Redacted_final.pdf- ./OFFICIAL_SENSITIVESmith_Peter_SoS_Web_decision_Redacted_final.pdf-I have considered the panel’s comments “Mr Smith has since attended [Redacted]. When ./OFFICIAL_SENSITIVESmith_Peter_SoS_Web_decision_Redacted_final.pdf-questioned by the panel, Mr Smith stated that he no longer needed the [Redacted]. Mr ./OFFICIAL_SENSITIVESmith_Peter_SoS_Web_decision_Redacted_final.pdf-Smith also stated that he had a steady job and stable family situation”. ./OFFICIAL_SENSITIVESmith_Peter_SoS_Web_decision_Redacted_final.pdf- ./OFFICIAL_SENSITIVESmith_Peter_SoS_Web_decision_Redacted_final.pdf-I have considered whether a 3 year review period reflects the seriousness of the findings ./OFFICIAL_SENSITIVESmith_Peter_SoS_Web_decision_Redacted_final.pdf-and is a proportionate period to achieve the aim of maintaining public confidence in the ./OFFICIAL_SENSITIVESmith_Peter_SoS_Web_decision_Redacted_final.pdf-profession. In this case, I have decided that a two-year review period is not sufficient to ./OFFICIAL_SENSITIVESmith_Peter_SoS_Web_decision_Redacted_final.pdf-achieve the aim of maintaining public confidence in the profession. In reaching this ./OFFICIAL_SENSITIVESmith_Peter_SoS_Web_decision_Redacted_final.pdf-decision I have noted the following “there was no direct evidence from Mr Smith’s ./OFFICIAL_SENSITIVESmith_Peter_SoS_Web_decision_Redacted_final.pdf:[Redacted] or Child A in respect of the finding of sexual activity in the presence of a child. ./OFFICIAL_SENSITIVESmith_Peter_SoS_Web_decision_Redacted_final.pdf-However, the panel recognised that the evidence came entirely from Mr Smith’s own ./OFFICIAL_SENSITIVESmith_Peter_SoS_Web_decision_Redacted_final.pdf-words”. ./OFFICIAL_SENSITIVESmith_Peter_SoS_Web_decision_Redacted_final.pdf- ./OFFICIAL_SENSITIVESmith_Peter_SoS_Web_decision_Redacted_final.pdf-I consider therefore that a 3 year review period is required to satisfy the maintenance of ./OFFICIAL_SENSITIVESmith_Peter_SoS_Web_decision_Redacted_final.pdf-public confidence in the profession. ./OFFICIAL_SENSITIVESmith_Peter_SoS_Web_decision_Redacted_final.pdf- ./OFFICIAL_SENSITIVESmith_Peter_SoS_Web_decision_Redacted_final.pdf-This means that Mr Peter Smith is prohibited from teaching indefinitely and cannot ./OFFICIAL_SENSITIVESmith_Peter_SoS_Web_decision_Redacted_final.pdf-teach in any school, sixth form college, relevant youth accommodation or ./OFFICIAL_SENSITIVESmith_Peter_SoS_Web_decision_Redacted_final.pdf-children’s home in England. He may apply for the prohibition order to be set aside, but ./OFFICIAL_SENSITIVESmith_Peter_SoS_Web_decision_Redacted_final.pdf-not until 24 February 2024, 3 years from the date of this order at the earliest. This is not ./OFFICIAL_SENSITIVE_-_Finlay_Alan_S_o_S_Decision_redacted.pdf- ./OFFICIAL_SENSITIVE_-_Finlay_Alan_S_o_S_Decision_redacted.pdf- iii. One or more photographs up her skirt; ./OFFICIAL_SENSITIVE_-_Finlay_Alan_S_o_S_Decision_redacted.pdf- ./OFFICIAL_SENSITIVE_-_Finlay_Alan_S_o_S_Decision_redacted.pdf- b. Telling Pupil A that he was "looking in to your beautiful brown eyes" or making a ./OFFICIAL_SENSITIVE_-_Finlay_Alan_S_o_S_Decision_redacted.pdf- comment to that effect; ./OFFICIAL_SENSITIVE_-_Finlay_Alan_S_o_S_Decision_redacted.pdf- ./OFFICIAL_SENSITIVE_-_Finlay_Alan_S_o_S_Decision_redacted.pdf- c. Saying to Pupil A "a pretty girl like you going in to the army, I'd cry" or making a ./OFFICIAL_SENSITIVE_-_Finlay_Alan_S_o_S_Decision_redacted.pdf- comment to that effect. ./OFFICIAL_SENSITIVE_-_Finlay_Alan_S_o_S_Decision_redacted.pdf- ./OFFICIAL_SENSITIVE_-_Finlay_Alan_S_o_S_Decision_redacted.pdf- 2. His behaviour as may be found proven at 1a and/or 1b and/or 1c above was ./OFFICIAL_SENSITIVE_-_Finlay_Alan_S_o_S_Decision_redacted.pdf: conduct of a sexual nature and/or was sexually motivated. ./OFFICIAL_SENSITIVE_-_Finlay_Alan_S_o_S_Decision_redacted.pdf- ./OFFICIAL_SENSITIVE_-_Finlay_Alan_S_o_S_Decision_redacted.pdf-Mr Finlay has admitted the facts and that he was guilty of unacceptable professional ./OFFICIAL_SENSITIVE_-_Finlay_Alan_S_o_S_Decision_redacted.pdf-conduct and conduct that may bring the profession into disrepute. ./OFFICIAL_SENSITIVE_-_Finlay_Alan_S_o_S_Decision_redacted.pdf- ./OFFICIAL_SENSITIVE_-_Finlay_Alan_S_o_S_Decision_redacted.pdf- ./OFFICIAL_SENSITIVE_-_Finlay_Alan_S_o_S_Decision_redacted.pdf-Preliminary applications ./OFFICIAL_SENSITIVE_-_Finlay_Alan_S_o_S_Decision_redacted.pdf-There were no preliminary applications. ./OFFICIAL_SENSITIVE_-_Finlay_Alan_S_o_S_Decision_redacted.pdf- ./OFFICIAL_SENSITIVE_-_Finlay_Alan_S_o_S_Decision_redacted.pdf- ./OFFICIAL_SENSITIVE_-_Finlay_Alan_S_o_S_Decision_redacted.pdf-Summary of evidence -- ./OFFICIAL_SENSITIVE_-_Finlay_Alan_S_o_S_Decision_redacted.pdf- ./OFFICIAL_SENSITIVE_-_Finlay_Alan_S_o_S_Decision_redacted.pdf-Mr Finlay accepted that he made the comments. The panel noted that during the local ./OFFICIAL_SENSITIVE_-_Finlay_Alan_S_o_S_Decision_redacted.pdf-investigation, Mr Finlay had explained that he may have been naïve when making the ./OFFICIAL_SENSITIVE_-_Finlay_Alan_S_o_S_Decision_redacted.pdf-comments. In particular, Mr Finlay accepted "that looking back, some of the language [I] ./OFFICIAL_SENSITIVE_-_Finlay_Alan_S_o_S_Decision_redacted.pdf-used may have been ineffective and saying she was a beautiful girl was probably ./OFFICIAL_SENSITIVE_-_Finlay_Alan_S_o_S_Decision_redacted.pdf-inappropriate". ./OFFICIAL_SENSITIVE_-_Finlay_Alan_S_o_S_Decision_redacted.pdf- ./OFFICIAL_SENSITIVE_-_Finlay_Alan_S_o_S_Decision_redacted.pdf-The panel found the facts of allegations 1.b. and 1.c. proved. ./OFFICIAL_SENSITIVE_-_Finlay_Alan_S_o_S_Decision_redacted.pdf- ./OFFICIAL_SENSITIVE_-_Finlay_Alan_S_o_S_Decision_redacted.pdf- 2. Your behaviour as may be found proven at 1a and/or 1b and/or 1c above ./OFFICIAL_SENSITIVE_-_Finlay_Alan_S_o_S_Decision_redacted.pdf: was conduct of a sexual nature and/or was sexually motivated. ./OFFICIAL_SENSITIVE_-_Finlay_Alan_S_o_S_Decision_redacted.pdf- ./OFFICIAL_SENSITIVE_-_Finlay_Alan_S_o_S_Decision_redacted.pdf-Having found the facts of allegation 1 proved in its entirety, the panel went on to consider ./OFFICIAL_SENSITIVE_-_Finlay_Alan_S_o_S_Decision_redacted.pdf:whether Mr Finlay's conduct in relation to 1.a., 1.b. and 1.c. was conduct of a sexual ./OFFICIAL_SENSITIVE_-_Finlay_Alan_S_o_S_Decision_redacted.pdf:nature and/or was sexually motivated. ./OFFICIAL_SENSITIVE_-_Finlay_Alan_S_o_S_Decision_redacted.pdf- ./OFFICIAL_SENSITIVE_-_Finlay_Alan_S_o_S_Decision_redacted.pdf-The panel noted that Mr Finlay had accepted in the statement of agreed facts, that the ./OFFICIAL_SENSITIVE_-_Finlay_Alan_S_o_S_Decision_redacted.pdf:conduct was sexually motivated. ./OFFICIAL_SENSITIVE_-_Finlay_Alan_S_o_S_Decision_redacted.pdf- ./OFFICIAL_SENSITIVE_-_Finlay_Alan_S_o_S_Decision_redacted.pdf-The panel's findings in relation to these allegations were that Mr Finlay had taken a ./OFFICIAL_SENSITIVE_-_Finlay_Alan_S_o_S_Decision_redacted.pdf-series of photographs of Pupil A (including one or more up skirting photographs) and that ./OFFICIAL_SENSITIVE_-_Finlay_Alan_S_o_S_Decision_redacted.pdf-this, together with the comments he had made to her, clearly suggested conduct of a ./OFFICIAL_SENSITIVE_-_Finlay_Alan_S_o_S_Decision_redacted.pdf:sexual nature. The panel found that Mr Finlay's behaviour was sexually motivated, which ./OFFICIAL_SENSITIVE_-_Finlay_Alan_S_o_S_Decision_redacted.pdf-he had admitted. ./OFFICIAL_SENSITIVE_-_Finlay_Alan_S_o_S_Decision_redacted.pdf- ./OFFICIAL_SENSITIVE_-_Finlay_Alan_S_o_S_Decision_redacted.pdf-The panel noted that in Pupil A's evidence to the police, she recalled Mr Finlay's finger ./OFFICIAL_SENSITIVE_-_Finlay_Alan_S_o_S_Decision_redacted.pdf-movements on his iPod. She also recalled clearly seeing the camera button displayed on ./OFFICIAL_SENSITIVE_-_Finlay_Alan_S_o_S_Decision_redacted.pdf-his iPod. He had previously explained to her that he was using his iPod as a calculator to ./OFFICIAL_SENSITIVE_-_Finlay_Alan_S_o_S_Decision_redacted.pdf-check her answers. She stated that Mr Finlay had said something along the lines of "Aw ./OFFICIAL_SENSITIVE_-_Finlay_Alan_S_o_S_Decision_redacted.pdf-yes that's nice, aw that's lovely that". Pupil A said she was thinking that was not ./OFFICIAL_SENSITIVE_-_Finlay_Alan_S_o_S_Decision_redacted.pdf-something you do when making calculations. The panel found that this further indicated ./OFFICIAL_SENSITIVE_-_Finlay_Alan_S_o_S_Decision_redacted.pdf:that Mr Finlay's conduct was sexually motivated. ./OFFICIAL_SENSITIVE_-_Finlay_Alan_S_o_S_Decision_redacted.pdf- ./OFFICIAL_SENSITIVE_-_Finlay_Alan_S_o_S_Decision_redacted.pdf-Pupil A described, in a detailed way, how Mr Finlay's behaviour made her feel ./OFFICIAL_SENSITIVE_-_Finlay_Alan_S_o_S_Decision_redacted.pdf-increasingly uncomfortable. The panel found that Mr Finlay's comments to Pupil A, which ./OFFICIAL_SENSITIVE_-_Finlay_Alan_S_o_S_Decision_redacted.pdf-were made during the early one-to-one sessions, may have paved the way for his later ./OFFICIAL_SENSITIVE_-_Finlay_Alan_S_o_S_Decision_redacted.pdf-actions, of taking photos of Pupil A. ./OFFICIAL_SENSITIVE_-_Finlay_Alan_S_o_S_Decision_redacted.pdf- ./OFFICIAL_SENSITIVE_-_Finlay_Alan_S_o_S_Decision_redacted.pdf- ./OFFICIAL_SENSITIVE_-_Finlay_Alan_S_o_S_Decision_redacted.pdf- ./OFFICIAL_SENSITIVE_-_Finlay_Alan_S_o_S_Decision_redacted.pdf- 7 ./OFFICIAL_SENSITIVE_-_Finlay_Alan_S_o_S_Decision_redacted.pdf- -- ./OFFICIAL_SENSITIVE_-_Finlay_Alan_S_o_S_Decision_redacted.pdf-On the balance of probabilities, this indicated to the panel that Mr Finlay's conduct was ./OFFICIAL_SENSITIVE_-_Finlay_Alan_S_o_S_Decision_redacted.pdf:sexually motivated. ./OFFICIAL_SENSITIVE_-_Finlay_Alan_S_o_S_Decision_redacted.pdf- ./OFFICIAL_SENSITIVE_-_Finlay_Alan_S_o_S_Decision_redacted.pdf-The panel found allegation 2 proved. ./OFFICIAL_SENSITIVE_-_Finlay_Alan_S_o_S_Decision_redacted.pdf- ./OFFICIAL_SENSITIVE_-_Finlay_Alan_S_o_S_Decision_redacted.pdf-Findings as to unacceptable professional conduct and/or conduct that ./OFFICIAL_SENSITIVE_-_Finlay_Alan_S_o_S_Decision_redacted.pdf-may bring the profession into disrepute ./OFFICIAL_SENSITIVE_-_Finlay_Alan_S_o_S_Decision_redacted.pdf- ./OFFICIAL_SENSITIVE_-_Finlay_Alan_S_o_S_Decision_redacted.pdf-Having found the allegations proved, the panel went on to consider whether the facts of ./OFFICIAL_SENSITIVE_-_Finlay_Alan_S_o_S_Decision_redacted.pdf-those proved allegations amounted to unacceptable professional conduct and/or conduct ./OFFICIAL_SENSITIVE_-_Finlay_Alan_S_o_S_Decision_redacted.pdf-that may bring the profession into disrepute. ./OFFICIAL_SENSITIVE_-_Finlay_Alan_S_o_S_Decision_redacted.pdf- -- ./OFFICIAL_SENSITIVE_-_Finlay_Alan_S_o_S_Decision_redacted.pdf- o showing tolerance of and respect for the rights of others. ./OFFICIAL_SENSITIVE_-_Finlay_Alan_S_o_S_Decision_redacted.pdf-  Teachers must have proper and professional regard for the ethos, policies and ./OFFICIAL_SENSITIVE_-_Finlay_Alan_S_o_S_Decision_redacted.pdf- practices of the school in which they teach. ./OFFICIAL_SENSITIVE_-_Finlay_Alan_S_o_S_Decision_redacted.pdf- ./OFFICIAL_SENSITIVE_-_Finlay_Alan_S_o_S_Decision_redacted.pdf-  Teachers must have an understanding of, and always act within, the statutory ./OFFICIAL_SENSITIVE_-_Finlay_Alan_S_o_S_Decision_redacted.pdf- frameworks which set out their professional duties and responsibilities. ./OFFICIAL_SENSITIVE_-_Finlay_Alan_S_o_S_Decision_redacted.pdf- ./OFFICIAL_SENSITIVE_-_Finlay_Alan_S_o_S_Decision_redacted.pdf-The panel also considered whether Mr Finlay's conduct displayed behaviours associated ./OFFICIAL_SENSITIVE_-_Finlay_Alan_S_o_S_Decision_redacted.pdf-with any of the offences listed on pages 10 and 11 of the Advice. ./OFFICIAL_SENSITIVE_-_Finlay_Alan_S_o_S_Decision_redacted.pdf- ./OFFICIAL_SENSITIVE_-_Finlay_Alan_S_o_S_Decision_redacted.pdf:The panel found that the offence of sexual activity and any activity involving viewing, ./OFFICIAL_SENSITIVE_-_Finlay_Alan_S_o_S_Decision_redacted.pdf-taking, making, possessing, distributing or publishing any indecent photograph or image ./OFFICIAL_SENSITIVE_-_Finlay_Alan_S_o_S_Decision_redacted.pdf- ./OFFICIAL_SENSITIVE_-_Finlay_Alan_S_o_S_Decision_redacted.pdf- ./OFFICIAL_SENSITIVE_-_Finlay_Alan_S_o_S_Decision_redacted.pdf- ./OFFICIAL_SENSITIVE_-_Finlay_Alan_S_o_S_Decision_redacted.pdf- ./OFFICIAL_SENSITIVE_-_Finlay_Alan_S_o_S_Decision_redacted.pdf- 8 ./OFFICIAL_SENSITIVE_-_Finlay_Alan_S_o_S_Decision_redacted.pdf- -- ./OFFICIAL_SENSITIVE_-_Finlay_Alan_S_o_S_Decision_redacted.pdf-proportionate measure, and whether it would be in the public interest to do so. Prohibition ./OFFICIAL_SENSITIVE_-_Finlay_Alan_S_o_S_Decision_redacted.pdf-orders should not be given in order to be punitive, or to show that blame has been ./OFFICIAL_SENSITIVE_-_Finlay_Alan_S_o_S_Decision_redacted.pdf-apportioned, although they are likely to have punitive effect. ./OFFICIAL_SENSITIVE_-_Finlay_Alan_S_o_S_Decision_redacted.pdf- ./OFFICIAL_SENSITIVE_-_Finlay_Alan_S_o_S_Decision_redacted.pdf-The panel had regard to the particular public interest considerations set out in the Advice ./OFFICIAL_SENSITIVE_-_Finlay_Alan_S_o_S_Decision_redacted.pdf-and having done so, found a number of them to be relevant in this case, namely: the ./OFFICIAL_SENSITIVE_-_Finlay_Alan_S_o_S_Decision_redacted.pdf-protection of pupils/the protection of other members of the public/the maintenance of ./OFFICIAL_SENSITIVE_-_Finlay_Alan_S_o_S_Decision_redacted.pdf-public confidence in the profession/declaring and upholding proper standards of conduct. ./OFFICIAL_SENSITIVE_-_Finlay_Alan_S_o_S_Decision_redacted.pdf- ./OFFICIAL_SENSITIVE_-_Finlay_Alan_S_o_S_Decision_redacted.pdf-In the light of the panel’s findings against Mr Finlay which involved a failure to maintain ./OFFICIAL_SENSITIVE_-_Finlay_Alan_S_o_S_Decision_redacted.pdf:professional boundaries, conduct of a sexual nature and conduct that was sexually ./OFFICIAL_SENSITIVE_-_Finlay_Alan_S_o_S_Decision_redacted.pdf-motivated, there was a strong public interest consideration in respect of the protection of ./OFFICIAL_SENSITIVE_-_Finlay_Alan_S_o_S_Decision_redacted.pdf-pupils and other members of the public. ./OFFICIAL_SENSITIVE_-_Finlay_Alan_S_o_S_Decision_redacted.pdf- ./OFFICIAL_SENSITIVE_-_Finlay_Alan_S_o_S_Decision_redacted.pdf-Similarly, the panel considered that public confidence in the profession could be seriously ./OFFICIAL_SENSITIVE_-_Finlay_Alan_S_o_S_Decision_redacted.pdf-weakened if conduct such as that found against Mr Finlay were not treated with the ./OFFICIAL_SENSITIVE_-_Finlay_Alan_S_o_S_Decision_redacted.pdf-utmost seriousness when regulating the conduct of the profession. ./OFFICIAL_SENSITIVE_-_Finlay_Alan_S_o_S_Decision_redacted.pdf- ./OFFICIAL_SENSITIVE_-_Finlay_Alan_S_o_S_Decision_redacted.pdf-The panel decided that a strong public interest consideration in declaring proper ./OFFICIAL_SENSITIVE_-_Finlay_Alan_S_o_S_Decision_redacted.pdf-standards of conduct in the profession was also present as the conduct found against Mr ./OFFICIAL_SENSITIVE_-_Finlay_Alan_S_o_S_Decision_redacted.pdf-Finlay was outside that which could reasonably be tolerated. -- ./OFFICIAL_SENSITIVE_-_Finlay_Alan_S_o_S_Decision_redacted.pdf-  abuse of position of trust (particularly involving vulnerable pupils) or violation of the ./OFFICIAL_SENSITIVE_-_Finlay_Alan_S_o_S_Decision_redacted.pdf- rights of pupils; ./OFFICIAL_SENSITIVE_-_Finlay_Alan_S_o_S_Decision_redacted.pdf- ./OFFICIAL_SENSITIVE_-_Finlay_Alan_S_o_S_Decision_redacted.pdf:  sexual misconduct, for example, involving actions that were sexually motivated or ./OFFICIAL_SENSITIVE_-_Finlay_Alan_S_o_S_Decision_redacted.pdf: of a sexual nature and/or that use or exploit the trust, knowledge or influence ./OFFICIAL_SENSITIVE_-_Finlay_Alan_S_o_S_Decision_redacted.pdf- derived from the individual’s professional position; ./OFFICIAL_SENSITIVE_-_Finlay_Alan_S_o_S_Decision_redacted.pdf- ./OFFICIAL_SENSITIVE_-_Finlay_Alan_S_o_S_Decision_redacted.pdf-  any activity involving viewing, taking, making, possessing, distributing or ./OFFICIAL_SENSITIVE_-_Finlay_Alan_S_o_S_Decision_redacted.pdf- publishing any indecent photograph or image or pseudo photograph or image of a ./OFFICIAL_SENSITIVE_-_Finlay_Alan_S_o_S_Decision_redacted.pdf- child, or permitting such activity, including one-off incidents; ./OFFICIAL_SENSITIVE_-_Finlay_Alan_S_o_S_Decision_redacted.pdf- ./OFFICIAL_SENSITIVE_-_Finlay_Alan_S_o_S_Decision_redacted.pdf-Even though the behaviour found proved in this case indicated that a prohibition order ./OFFICIAL_SENSITIVE_-_Finlay_Alan_S_o_S_Decision_redacted.pdf-would be appropriate, the panel went on to consider the mitigating factors. Mitigating ./OFFICIAL_SENSITIVE_-_Finlay_Alan_S_o_S_Decision_redacted.pdf-factors may indicate that a prohibition order would not be appropriate or proportionate. ./OFFICIAL_SENSITIVE_-_Finlay_Alan_S_o_S_Decision_redacted.pdf- -- ./OFFICIAL_SENSITIVE_-_Finlay_Alan_S_o_S_Decision_redacted.pdf- • Mr Finlay's actions had an impact on Pupil A. When the incidents occurred, this ./OFFICIAL_SENSITIVE_-_Finlay_Alan_S_o_S_Decision_redacted.pdf- was a crucial time for Pupil A. Mr Finlay had been specifically assigned to assist ./OFFICIAL_SENSITIVE_-_Finlay_Alan_S_o_S_Decision_redacted.pdf- Pupil A with her maths, in the lead up to her GCSE examinations. The panel ./OFFICIAL_SENSITIVE_-_Finlay_Alan_S_o_S_Decision_redacted.pdf- found that Mr Finlay had been placed in a position of trust with a vulnerable ./OFFICIAL_SENSITIVE_-_Finlay_Alan_S_o_S_Decision_redacted.pdf- student and that he failed to maintain professional boundaries. The panel ./OFFICIAL_SENSITIVE_-_Finlay_Alan_S_o_S_Decision_redacted.pdf- consider that Mr Finlay's conduct impacted the additional work that had been ./OFFICIAL_SENSITIVE_-_Finlay_Alan_S_o_S_Decision_redacted.pdf- planned for Pupil A and this may have impacted her examination results. ./OFFICIAL_SENSITIVE_-_Finlay_Alan_S_o_S_Decision_redacted.pdf- ./OFFICIAL_SENSITIVE_-_Finlay_Alan_S_o_S_Decision_redacted.pdf- • Pupil A became increasingly concerned about Mr Finlay's behaviour and became ./OFFICIAL_SENSITIVE_-_Finlay_Alan_S_o_S_Decision_redacted.pdf- upset at the thought of having to see him again. Pupil A was a vulnerable student, ./OFFICIAL_SENSITIVE_-_Finlay_Alan_S_o_S_Decision_redacted.pdf: and the panel noted that Pupil A had recently been groomed through Facebook ./OFFICIAL_SENSITIVE_-_Finlay_Alan_S_o_S_Decision_redacted.pdf- and considered that Mr Finlay's actions would have compounded Pupil A's ./OFFICIAL_SENSITIVE_-_Finlay_Alan_S_o_S_Decision_redacted.pdf- vulnerable state of mind. ./OFFICIAL_SENSITIVE_-_Finlay_Alan_S_o_S_Decision_redacted.pdf- ./OFFICIAL_SENSITIVE_-_Finlay_Alan_S_o_S_Decision_redacted.pdf-The panel first considered whether it would be proportionate to conclude this case with ./OFFICIAL_SENSITIVE_-_Finlay_Alan_S_o_S_Decision_redacted.pdf-no recommendation of prohibition, considering whether the publication of the findings ./OFFICIAL_SENSITIVE_-_Finlay_Alan_S_o_S_Decision_redacted.pdf-made by the panel would be sufficient. ./OFFICIAL_SENSITIVE_-_Finlay_Alan_S_o_S_Decision_redacted.pdf- ./OFFICIAL_SENSITIVE_-_Finlay_Alan_S_o_S_Decision_redacted.pdf-The panel was of the view that, applying the standard of the ordinary intelligent citizen, it ./OFFICIAL_SENSITIVE_-_Finlay_Alan_S_o_S_Decision_redacted.pdf-would not be a proportionate and appropriate response to recommend no prohibition ./OFFICIAL_SENSITIVE_-_Finlay_Alan_S_o_S_Decision_redacted.pdf-order. -- ./OFFICIAL_SENSITIVE_-_Finlay_Alan_S_o_S_Decision_redacted.pdf-The panel went on to consider whether or not it would be appropriate to recommend that ./OFFICIAL_SENSITIVE_-_Finlay_Alan_S_o_S_Decision_redacted.pdf-a review period of the order should be considered. ./OFFICIAL_SENSITIVE_-_Finlay_Alan_S_o_S_Decision_redacted.pdf- ./OFFICIAL_SENSITIVE_-_Finlay_Alan_S_o_S_Decision_redacted.pdf-The panel was mindful that the Advice states that a prohibition order applies for life, but ./OFFICIAL_SENSITIVE_-_Finlay_Alan_S_o_S_Decision_redacted.pdf-there may be circumstances, in any given case, that may make it appropriate to allow a ./OFFICIAL_SENSITIVE_-_Finlay_Alan_S_o_S_Decision_redacted.pdf-teacher to apply to have the prohibition order reviewed after a specified period of time ./OFFICIAL_SENSITIVE_-_Finlay_Alan_S_o_S_Decision_redacted.pdf-that may not be less than 2 years. ./OFFICIAL_SENSITIVE_-_Finlay_Alan_S_o_S_Decision_redacted.pdf- ./OFFICIAL_SENSITIVE_-_Finlay_Alan_S_o_S_Decision_redacted.pdf-The Advice indicates that there are behaviours that, if proved, would militate against the ./OFFICIAL_SENSITIVE_-_Finlay_Alan_S_o_S_Decision_redacted.pdf:recommendation of a review period. These behaviours include sexual misconduct, such ./OFFICIAL_SENSITIVE_-_Finlay_Alan_S_o_S_Decision_redacted.pdf:as where the act was sexually motivated and resulted in or had the potential to result in, ./OFFICIAL_SENSITIVE_-_Finlay_Alan_S_o_S_Decision_redacted.pdf-harm to a person or persons, particularly where the individual has used his professional ./OFFICIAL_SENSITIVE_-_Finlay_Alan_S_o_S_Decision_redacted.pdf-position to influence or exploit a person or persons. It also included an activity involving ./OFFICIAL_SENSITIVE_-_Finlay_Alan_S_o_S_Decision_redacted.pdf-taking and possessing indecent photographs of a child. Given the panel's findings, it ./OFFICIAL_SENSITIVE_-_Finlay_Alan_S_o_S_Decision_redacted.pdf-considered that these behaviours were relevant in this case. The panel found that Mr ./OFFICIAL_SENSITIVE_-_Finlay_Alan_S_o_S_Decision_redacted.pdf:Finlay's conduct was sexual misconduct as it was conduct of a sexual nature and was ./OFFICIAL_SENSITIVE_-_Finlay_Alan_S_o_S_Decision_redacted.pdf:sexually motivated. ./OFFICIAL_SENSITIVE_-_Finlay_Alan_S_o_S_Decision_redacted.pdf- ./OFFICIAL_SENSITIVE_-_Finlay_Alan_S_o_S_Decision_redacted.pdf-The panel was not provided with evidence of Mr Finlay's insight into his actions. There ./OFFICIAL_SENSITIVE_-_Finlay_Alan_S_o_S_Decision_redacted.pdf-was also no regret or remorse, in relation to the impact on Pupil A. ./OFFICIAL_SENSITIVE_-_Finlay_Alan_S_o_S_Decision_redacted.pdf- ./OFFICIAL_SENSITIVE_-_Finlay_Alan_S_o_S_Decision_redacted.pdf-The panel noted that Mr Finlay has stated that he is not currently practising and has no ./OFFICIAL_SENSITIVE_-_Finlay_Alan_S_o_S_Decision_redacted.pdf-intention of returning to the teaching profession, but it did not take this into consideration ./OFFICIAL_SENSITIVE_-_Finlay_Alan_S_o_S_Decision_redacted.pdf-when making its decision on the recommendation. ./OFFICIAL_SENSITIVE_-_Finlay_Alan_S_o_S_Decision_redacted.pdf- ./OFFICIAL_SENSITIVE_-_Finlay_Alan_S_o_S_Decision_redacted.pdf-The panel decided that the findings indicated a situation in which a review period would ./OFFICIAL_SENSITIVE_-_Finlay_Alan_S_o_S_Decision_redacted.pdf-not be appropriate and, as such, decided that it would be proportionate in all the -- ./OFFICIAL_SENSITIVE_-_Finlay_Alan_S_o_S_Decision_redacted.pdf- o having regard for the need to safeguard pupils’ well-being, in accordance ./OFFICIAL_SENSITIVE_-_Finlay_Alan_S_o_S_Decision_redacted.pdf- with statutory provisions; ./OFFICIAL_SENSITIVE_-_Finlay_Alan_S_o_S_Decision_redacted.pdf- ./OFFICIAL_SENSITIVE_-_Finlay_Alan_S_o_S_Decision_redacted.pdf- o showing tolerance of and respect for the rights of others. ./OFFICIAL_SENSITIVE_-_Finlay_Alan_S_o_S_Decision_redacted.pdf-  Teachers must have proper and professional regard for the ethos, policies and ./OFFICIAL_SENSITIVE_-_Finlay_Alan_S_o_S_Decision_redacted.pdf- practices of the school in which they teach. ./OFFICIAL_SENSITIVE_-_Finlay_Alan_S_o_S_Decision_redacted.pdf- ./OFFICIAL_SENSITIVE_-_Finlay_Alan_S_o_S_Decision_redacted.pdf-  Teachers must have an understanding of, and always act within, the statutory ./OFFICIAL_SENSITIVE_-_Finlay_Alan_S_o_S_Decision_redacted.pdf- frameworks which set out their professional duties and responsibilities. ./OFFICIAL_SENSITIVE_-_Finlay_Alan_S_o_S_Decision_redacted.pdf- ./OFFICIAL_SENSITIVE_-_Finlay_Alan_S_o_S_Decision_redacted.pdf:The panel also, “found that the offence of sexual activity and any activity involving ./OFFICIAL_SENSITIVE_-_Finlay_Alan_S_o_S_Decision_redacted.pdf-viewing, taking, making, possessing, distributing or publishing any indecent photograph ./OFFICIAL_SENSITIVE_-_Finlay_Alan_S_o_S_Decision_redacted.pdf-or image or pseudo photograph or image of a child, or permitting any such activity, ./OFFICIAL_SENSITIVE_-_Finlay_Alan_S_o_S_Decision_redacted.pdf-including one-off incidents was relevant.” ./OFFICIAL_SENSITIVE_-_Finlay_Alan_S_o_S_Decision_redacted.pdf- ./OFFICIAL_SENSITIVE_-_Finlay_Alan_S_o_S_Decision_redacted.pdf-The findings of misconduct are particularly serious as they include a finding of behaviour ./OFFICIAL_SENSITIVE_-_Finlay_Alan_S_o_S_Decision_redacted.pdf:that was sexually motivated or sexual misconduct. ./OFFICIAL_SENSITIVE_-_Finlay_Alan_S_o_S_Decision_redacted.pdf- ./OFFICIAL_SENSITIVE_-_Finlay_Alan_S_o_S_Decision_redacted.pdf-I have to determine whether the imposition of a prohibition order is proportionate and in ./OFFICIAL_SENSITIVE_-_Finlay_Alan_S_o_S_Decision_redacted.pdf-the public interest. In considering that for this case, I have considered the overall aim of a ./OFFICIAL_SENSITIVE_-_Finlay_Alan_S_o_S_Decision_redacted.pdf-prohibition order which is to protect pupils and to maintain public confidence in the ./OFFICIAL_SENSITIVE_-_Finlay_Alan_S_o_S_Decision_redacted.pdf-profession. I have considered the extent to which a prohibition order in this case would ./OFFICIAL_SENSITIVE_-_Finlay_Alan_S_o_S_Decision_redacted.pdf-achieve that aim taking into account the impact that it will have on the individual teacher. ./OFFICIAL_SENSITIVE_-_Finlay_Alan_S_o_S_Decision_redacted.pdf-I have also asked myself, whether a less intrusive measure, such as the published ./OFFICIAL_SENSITIVE_-_Finlay_Alan_S_o_S_Decision_redacted.pdf-finding of unacceptable professional conduct and conduct that may bring the profession ./OFFICIAL_SENSITIVE_-_Finlay_Alan_S_o_S_Decision_redacted.pdf-into disrepute, would itself be sufficient to achieve the overall aim. I have to consider ./OFFICIAL_SENSITIVE_-_Finlay_Alan_S_o_S_Decision_redacted.pdf-whether the consequences of such a publication are themselves sufficient. I have -- ./OFFICIAL_SENSITIVE_-_Finlay_Alan_S_o_S_Decision_redacted.pdf- ./OFFICIAL_SENSITIVE_-_Finlay_Alan_S_o_S_Decision_redacted.pdf-I have gone on to consider the extent to which a prohibition order would maintain public ./OFFICIAL_SENSITIVE_-_Finlay_Alan_S_o_S_Decision_redacted.pdf-confidence in the profession. The panel observe that it, “took account of the uniquely ./OFFICIAL_SENSITIVE_-_Finlay_Alan_S_o_S_Decision_redacted.pdf-influential role that teachers can hold in pupils’ lives and the fact that pupils must be able ./OFFICIAL_SENSITIVE_-_Finlay_Alan_S_o_S_Decision_redacted.pdf-to view teachers as role models in the way they behave. ./OFFICIAL_SENSITIVE_-_Finlay_Alan_S_o_S_Decision_redacted.pdf- ./OFFICIAL_SENSITIVE_-_Finlay_Alan_S_o_S_Decision_redacted.pdf-The findings of misconduct were very serious, and the conduct displayed would very ./OFFICIAL_SENSITIVE_-_Finlay_Alan_S_o_S_Decision_redacted.pdf-likely have a negative impact on Mr Finlay's status as a teacher and may also damage ./OFFICIAL_SENSITIVE_-_Finlay_Alan_S_o_S_Decision_redacted.pdf-the public perception.” ./OFFICIAL_SENSITIVE_-_Finlay_Alan_S_o_S_Decision_redacted.pdf- ./OFFICIAL_SENSITIVE_-_Finlay_Alan_S_o_S_Decision_redacted.pdf:I am particularly mindful of the finding of sexual misconduct in this case and the impact ./OFFICIAL_SENSITIVE_-_Finlay_Alan_S_o_S_Decision_redacted.pdf-that such a finding has on the reputation of the profession. ./OFFICIAL_SENSITIVE_-_Finlay_Alan_S_o_S_Decision_redacted.pdf- ./OFFICIAL_SENSITIVE_-_Finlay_Alan_S_o_S_Decision_redacted.pdf-I have had to consider that the public has a high expectation of professional standards of ./OFFICIAL_SENSITIVE_-_Finlay_Alan_S_o_S_Decision_redacted.pdf-all teachers and that the public might regard a failure to impose a prohibition order as a ./OFFICIAL_SENSITIVE_-_Finlay_Alan_S_o_S_Decision_redacted.pdf-failure to uphold those high standards. In weighing these considerations, I have had to ./OFFICIAL_SENSITIVE_-_Finlay_Alan_S_o_S_Decision_redacted.pdf-consider the matter from the point of view of an “ordinary intelligent and well-informed ./OFFICIAL_SENSITIVE_-_Finlay_Alan_S_o_S_Decision_redacted.pdf-citizen.” ./OFFICIAL_SENSITIVE_-_Finlay_Alan_S_o_S_Decision_redacted.pdf- ./OFFICIAL_SENSITIVE_-_Finlay_Alan_S_o_S_Decision_redacted.pdf-I have considered whether the publication of a finding of unacceptable professional ./OFFICIAL_SENSITIVE_-_Finlay_Alan_S_o_S_Decision_redacted.pdf-conduct, in the absence of a prohibition order, can itself be regarded by such a person as -- ./OFFICIAL_SENSITIVE_-_Finlay_Alan_S_o_S_Decision_redacted.pdf-not in my view satisfy the public interest requirement concerning public confidence in the ./OFFICIAL_SENSITIVE_-_Finlay_Alan_S_o_S_Decision_redacted.pdf-profession. ./OFFICIAL_SENSITIVE_-_Finlay_Alan_S_o_S_Decision_redacted.pdf- ./OFFICIAL_SENSITIVE_-_Finlay_Alan_S_o_S_Decision_redacted.pdf-For these reasons, I have concluded that a prohibition order is proportionate and in the ./OFFICIAL_SENSITIVE_-_Finlay_Alan_S_o_S_Decision_redacted.pdf-public interest in order to achieve the intended aims of a prohibition order. ./OFFICIAL_SENSITIVE_-_Finlay_Alan_S_o_S_Decision_redacted.pdf- ./OFFICIAL_SENSITIVE_-_Finlay_Alan_S_o_S_Decision_redacted.pdf-I have gone on to consider the matter of a review period. In this case, the panel has ./OFFICIAL_SENSITIVE_-_Finlay_Alan_S_o_S_Decision_redacted.pdf-recommended that no provision should be made for a review period. ./OFFICIAL_SENSITIVE_-_Finlay_Alan_S_o_S_Decision_redacted.pdf- ./OFFICIAL_SENSITIVE_-_Finlay_Alan_S_o_S_Decision_redacted.pdf-I have considered the panel’s comments “The panel found that Mr Finlay's conduct was ./OFFICIAL_SENSITIVE_-_Finlay_Alan_S_o_S_Decision_redacted.pdf:sexual misconduct as it was conduct of a sexual nature and was sexually motivated.” ./OFFICIAL_SENSITIVE_-_Finlay_Alan_S_o_S_Decision_redacted.pdf- ./OFFICIAL_SENSITIVE_-_Finlay_Alan_S_o_S_Decision_redacted.pdf-I have considered whether to allow for no review is proportionate and necessary to ./OFFICIAL_SENSITIVE_-_Finlay_Alan_S_o_S_Decision_redacted.pdf-achieve the aim of maintaining public confidence in the profession. In this case, the ./OFFICIAL_SENSITIVE_-_Finlay_Alan_S_o_S_Decision_redacted.pdf-factors which mean that allowing for a no review period is necessary are the serious ./OFFICIAL_SENSITIVE_-_Finlay_Alan_S_o_S_Decision_redacted.pdf-nature of the misconduct and the lack of remorse or insight. ./OFFICIAL_SENSITIVE_-_Finlay_Alan_S_o_S_Decision_redacted.pdf- ./OFFICIAL_SENSITIVE_-_Finlay_Alan_S_o_S_Decision_redacted.pdf-I consider therefore that allowing for no review period is necessary to maintain public ./OFFICIAL_SENSITIVE_-_Finlay_Alan_S_o_S_Decision_redacted.pdf-confidence and is proportionate and in the public interest. ./OFFICIAL_SENSITIVE_-_Finlay_Alan_S_o_S_Decision_redacted.pdf- ./OFFICIAL_SENSITIVE_-_Finlay_Alan_S_o_S_Decision_redacted.pdf-This means that Mr Alan Finlay is prohibited from teaching indefinitely and cannot ./OFFICIAL_SENSITIVE_-_SoS_Decision_-_Day__Alexander.pdf- approximately January and May 2018 specifically by: ./OFFICIAL_SENSITIVE_-_SoS_Decision_-_Day__Alexander.pdf- a. exchanging emails with her, including one or more emails; ./OFFICIAL_SENSITIVE_-_SoS_Decision_-_Day__Alexander.pdf- i. which were sent late at night and/or at the weekend; ./OFFICIAL_SENSITIVE_-_SoS_Decision_-_Day__Alexander.pdf- ii. of a personal nature; ./OFFICIAL_SENSITIVE_-_SoS_Decision_-_Day__Alexander.pdf- iii. in which he informed Pupil X of where he would be/what he would be ./OFFICIAL_SENSITIVE_-_SoS_Decision_-_Day__Alexander.pdf- doing; ./OFFICIAL_SENSITIVE_-_SoS_Decision_-_Day__Alexander.pdf- b. communicating with her via ‘YouTube and/or ‘SoundCloud’; ./OFFICIAL_SENSITIVE_-_SoS_Decision_-_Day__Alexander.pdf- c. meeting with her outside of school on one or more occasions; ./OFFICIAL_SENSITIVE_-_SoS_Decision_-_Day__Alexander.pdf- d. allowing her to visit his flat on one or more occasions; ./OFFICIAL_SENSITIVE_-_SoS_Decision_-_Day__Alexander.pdf- e. buying a gift and/or gifts for her on one or more occasions; ./OFFICIAL_SENSITIVE_-_SoS_Decision_-_Day__Alexander.pdf: f. engaging in sexual activity with her on one or more occasions; ./OFFICIAL_SENSITIVE_-_SoS_Decision_-_Day__Alexander.pdf- 2. He deleted emails he had sent to Pupil X during the school’s investigation into his ./OFFICIAL_SENSITIVE_-_SoS_Decision_-_Day__Alexander.pdf- conduct; ./OFFICIAL_SENSITIVE_-_SoS_Decision_-_Day__Alexander.pdf- 3. His behaviour as may be found proven at: ./OFFICIAL_SENSITIVE_-_SoS_Decision_-_Day__Alexander.pdf: a. 1 above was conduct of a sexual nature and/or was sexually motivated; ./OFFICIAL_SENSITIVE_-_SoS_Decision_-_Day__Alexander.pdf- b. 2 above was dishonest and/or lacked integrity in that he was attempting to ./OFFICIAL_SENSITIVE_-_SoS_Decision_-_Day__Alexander.pdf- conceal the nature and/or extent of his communications and/or relationship ./OFFICIAL_SENSITIVE_-_SoS_Decision_-_Day__Alexander.pdf- with Pupil X from the school. ./OFFICIAL_SENSITIVE_-_SoS_Decision_-_Day__Alexander.pdf-Mr Day admitted the facts of allegations 1a.i. and 1a.ii. and that these admitted ./OFFICIAL_SENSITIVE_-_SoS_Decision_-_Day__Alexander.pdf-allegations amounted to unacceptable professional conduct and/or conduct that may ./OFFICIAL_SENSITIVE_-_SoS_Decision_-_Day__Alexander.pdf-bring the profession into disrepute. Mr Day did not admit the facts of any other allegation. ./OFFICIAL_SENSITIVE_-_SoS_Decision_-_Day__Alexander.pdf- ./OFFICIAL_SENSITIVE_-_SoS_Decision_-_Day__Alexander.pdf- ./OFFICIAL_SENSITIVE_-_SoS_Decision_-_Day__Alexander.pdf-C. Preliminary applications ./OFFICIAL_SENSITIVE_-_SoS_Decision_-_Day__Alexander.pdf-The panel considered the following preliminary applications. -- ./OFFICIAL_SENSITIVE_-_SoS_Decision_-_Day__Alexander.pdf-proceedings were conducted behind closed doors or with one or more of the parties’ or ./OFFICIAL_SENSITIVE_-_SoS_Decision_-_Day__Alexander.pdf-witnesses’ identity concealed. It makes uninformed and inaccurate comment about the ./OFFICIAL_SENSITIVE_-_SoS_Decision_-_Day__Alexander.pdf-proceedings less likely”. ./OFFICIAL_SENSITIVE_-_SoS_Decision_-_Day__Alexander.pdf- ./OFFICIAL_SENSITIVE_-_SoS_Decision_-_Day__Alexander.pdf-The panel had regard to whether the anonymity of the witnesses ran contrary to the ./OFFICIAL_SENSITIVE_-_SoS_Decision_-_Day__Alexander.pdf-public interest. The panel also had regard to the principle that limited interference with ./OFFICIAL_SENSITIVE_-_SoS_Decision_-_Day__Alexander.pdf-the public nature of the proceedings was preferable to a permanent exclusion of the ./OFFICIAL_SENSITIVE_-_SoS_Decision_-_Day__Alexander.pdf-public. ./OFFICIAL_SENSITIVE_-_SoS_Decision_-_Day__Alexander.pdf- ./OFFICIAL_SENSITIVE_-_SoS_Decision_-_Day__Alexander.pdf-The panel had decided that, in the circumstances where the allegations related to ./OFFICIAL_SENSITIVE_-_SoS_Decision_-_Day__Alexander.pdf:matters of a sexual nature, it was appropriate to anonymise the names of the pupil ./OFFICIAL_SENSITIVE_-_SoS_Decision_-_Day__Alexander.pdf- ./OFFICIAL_SENSITIVE_-_SoS_Decision_-_Day__Alexander.pdf- 6 ./OFFICIAL_SENSITIVE_-_SoS_Decision_-_Day__Alexander.pdf- -- ./OFFICIAL_SENSITIVE_-_SoS_Decision_-_Day__Alexander.pdf- ./OFFICIAL_SENSITIVE_-_SoS_Decision_-_Day__Alexander.pdf-The panel has carefully considered the case before it and has reached a decision. ./OFFICIAL_SENSITIVE_-_SoS_Decision_-_Day__Alexander.pdf- ./OFFICIAL_SENSITIVE_-_SoS_Decision_-_Day__Alexander.pdf-The panel confirms that it has read all the documents provided in the bundle in advance ./OFFICIAL_SENSITIVE_-_SoS_Decision_-_Day__Alexander.pdf-of the hearing. ./OFFICIAL_SENSITIVE_-_SoS_Decision_-_Day__Alexander.pdf- ./OFFICIAL_SENSITIVE_-_SoS_Decision_-_Day__Alexander.pdf-Mr Day had been employed at the School since September 2017 as a teacher of English ./OFFICIAL_SENSITIVE_-_SoS_Decision_-_Day__Alexander.pdf-and Psychology. In May 2018, the School’s headteacher was made aware of Mr Day and ./OFFICIAL_SENSITIVE_-_SoS_Decision_-_Day__Alexander.pdf-Pupil X being seen together, both in School and outside of the School setting. The ./OFFICIAL_SENSITIVE_-_SoS_Decision_-_Day__Alexander.pdf-School’s investigation uncovered a vast amount of emails between Mr Day and Pupil X ./OFFICIAL_SENSITIVE_-_SoS_Decision_-_Day__Alexander.pdf:and Witness A and Witness B disclosed to the School that Pupil X had been in a sexual ./OFFICIAL_SENSITIVE_-_SoS_Decision_-_Day__Alexander.pdf-relationship with Mr Day. ./OFFICIAL_SENSITIVE_-_SoS_Decision_-_Day__Alexander.pdf- ./OFFICIAL_SENSITIVE_-_SoS_Decision_-_Day__Alexander.pdf-Findings of fact ./OFFICIAL_SENSITIVE_-_SoS_Decision_-_Day__Alexander.pdf-Our findings of fact are as follows: ./OFFICIAL_SENSITIVE_-_SoS_Decision_-_Day__Alexander.pdf- ./OFFICIAL_SENSITIVE_-_SoS_Decision_-_Day__Alexander.pdf-The panel has found the following particulars of the allegation(s) against you proven, for ./OFFICIAL_SENSITIVE_-_SoS_Decision_-_Day__Alexander.pdf-these reasons: ./OFFICIAL_SENSITIVE_-_SoS_Decision_-_Day__Alexander.pdf- ./OFFICIAL_SENSITIVE_-_SoS_Decision_-_Day__Alexander.pdf-It was alleged that you are guilty of unacceptable professional conduct and/or ./OFFICIAL_SENSITIVE_-_SoS_Decision_-_Day__Alexander.pdf-conduct that may bring the profession into disrepute in that whilst employed as a -- ./OFFICIAL_SENSITIVE_-_SoS_Decision_-_Day__Alexander.pdf-communication between a pupil and a teacher relating to work and pastoral matters. The ./OFFICIAL_SENSITIVE_-_SoS_Decision_-_Day__Alexander.pdf-panel considered that it was clear from the emails that a number of topics was discussed ./OFFICIAL_SENSITIVE_-_SoS_Decision_-_Day__Alexander.pdf-and a relationship beyond that expected between a teacher and pupil was developed, ./OFFICIAL_SENSITIVE_-_SoS_Decision_-_Day__Alexander.pdf-amounting to an inappropriate relationship. ./OFFICIAL_SENSITIVE_-_SoS_Decision_-_Day__Alexander.pdf- ./OFFICIAL_SENSITIVE_-_SoS_Decision_-_Day__Alexander.pdf-The panel also considered that by communicating with Pupil X via SoundCloud and ./OFFICIAL_SENSITIVE_-_SoS_Decision_-_Day__Alexander.pdf-meeting with Pupil X outside of school on one or more occasions, Mr Day had engaged ./OFFICIAL_SENSITIVE_-_SoS_Decision_-_Day__Alexander.pdf-in and developed an inappropriate relationship with Pupil X. ./OFFICIAL_SENSITIVE_-_SoS_Decision_-_Day__Alexander.pdf- ./OFFICIAL_SENSITIVE_-_SoS_Decision_-_Day__Alexander.pdf-3) Your behaviour as may be found proven at: ./OFFICIAL_SENSITIVE_-_SoS_Decision_-_Day__Alexander.pdf: a) 1 above was conduct of a sexual nature and/or was sexually motivated ./OFFICIAL_SENSITIVE_-_SoS_Decision_-_Day__Alexander.pdf-The panel considered that the emails showed the progression of a relationship between ./OFFICIAL_SENSITIVE_-_SoS_Decision_-_Day__Alexander.pdf-Mr Day and Pupil X, with the content of the emails initially covering work and pastoral ./OFFICIAL_SENSITIVE_-_SoS_Decision_-_Day__Alexander.pdf-matters, and gradually becoming more detailed, discussing matters of an increasingly ./OFFICIAL_SENSITIVE_-_SoS_Decision_-_Day__Alexander.pdf-personal nature and expressing views on matters relating to love and relationships. The ./OFFICIAL_SENSITIVE_-_SoS_Decision_-_Day__Alexander.pdf-panel noted that the emails contained an intellectual intimacy, created through the use of ./OFFICIAL_SENSITIVE_-_SoS_Decision_-_Day__Alexander.pdf-“coded talk” by reference to topics such as books, music (such as many references to ./OFFICIAL_SENSITIVE_-_SoS_Decision_-_Day__Alexander.pdf-song lyrics) and films. Examples of such emails included: “words are not adequate ways ./OFFICIAL_SENSITIVE_-_SoS_Decision_-_Day__Alexander.pdf-to tell people what we really feel”; “one of the key impediments to full expression is the ./OFFICIAL_SENSITIVE_-_SoS_Decision_-_Day__Alexander.pdf-worry that the person to whom you disclose deeper feelings won’t understand them or ./OFFICIAL_SENSITIVE_-_SoS_Decision_-_Day__Alexander.pdf-understand you, but when you meet somebody that you are so akin to, somebody whose ./OFFICIAL_SENSITIVE_-_SoS_Decision_-_Day__Alexander.pdf-inner working are similar to yours, that worry goes away”; and “I’ve been practicing ./OFFICIAL_SENSITIVE_-_SoS_Decision_-_Day__Alexander.pdf-recently at being more of an observer to my feelings and asking myself the question, am I ./OFFICIAL_SENSITIVE_-_SoS_Decision_-_Day__Alexander.pdf-actually the one feeling this way or why, so I can be more objective with my reactions, if ./OFFICIAL_SENSITIVE_-_SoS_Decision_-_Day__Alexander.pdf-that makes sense…”. ./OFFICIAL_SENSITIVE_-_SoS_Decision_-_Day__Alexander.pdf- ./OFFICIAL_SENSITIVE_-_SoS_Decision_-_Day__Alexander.pdf-The panel considered that the emails were designed to move the relationship between ./OFFICIAL_SENSITIVE_-_SoS_Decision_-_Day__Alexander.pdf:Pupil X and Mr Day forward and that there was an underlying sexual current to the ./OFFICIAL_SENSITIVE_-_SoS_Decision_-_Day__Alexander.pdf-emails. The panel did not consider that there was any other reasonable explanation for ./OFFICIAL_SENSITIVE_-_SoS_Decision_-_Day__Alexander.pdf-the exchange of such emails and did not accept Mr Day’s explanation for the purpose of ./OFFICIAL_SENSITIVE_-_SoS_Decision_-_Day__Alexander.pdf-the emails. ./OFFICIAL_SENSITIVE_-_SoS_Decision_-_Day__Alexander.pdf- ./OFFICIAL_SENSITIVE_-_SoS_Decision_-_Day__Alexander.pdf- ./OFFICIAL_SENSITIVE_-_SoS_Decision_-_Day__Alexander.pdf- ./OFFICIAL_SENSITIVE_-_SoS_Decision_-_Day__Alexander.pdf- 11 ./OFFICIAL_SENSITIVE_-_SoS_Decision_-_Day__Alexander.pdf- -- ./OFFICIAL_SENSITIVE_-_SoS_Decision_-_Day__Alexander.pdf-The panel did not have sight of direct messages sent between Pupil X and Mr Day on ./OFFICIAL_SENSITIVE_-_SoS_Decision_-_Day__Alexander.pdf-SoundCloud, but noted the title of the song “longing”. Again, the panel considered that ./OFFICIAL_SENSITIVE_-_SoS_Decision_-_Day__Alexander.pdf-this showed the development of the inappropriate relationship between Pupil X and Mr ./OFFICIAL_SENSITIVE_-_SoS_Decision_-_Day__Alexander.pdf-Day. ./OFFICIAL_SENSITIVE_-_SoS_Decision_-_Day__Alexander.pdf- ./OFFICIAL_SENSITIVE_-_SoS_Decision_-_Day__Alexander.pdf-The panel found that Mr Day did meet Pupil X on one or more occasions outside of ./OFFICIAL_SENSITIVE_-_SoS_Decision_-_Day__Alexander.pdf-school. Taking into account the nature of the emails, the panel considered that Mr Day’s ./OFFICIAL_SENSITIVE_-_SoS_Decision_-_Day__Alexander.pdf:actions in doing so were sexually motivated. Whilst the emails were not of an overtly ./OFFICIAL_SENSITIVE_-_SoS_Decision_-_Day__Alexander.pdf:sexual nature, the panel considered that the volume, content and intensity of the emails ./OFFICIAL_SENSITIVE_-_SoS_Decision_-_Day__Alexander.pdf:demonstrated an intention to progress towards a sexual relationship. ./OFFICIAL_SENSITIVE_-_SoS_Decision_-_Day__Alexander.pdf- ./OFFICIAL_SENSITIVE_-_SoS_Decision_-_Day__Alexander.pdf-Therefore, the panel found that Mr Day’s conduct as found proven above in relation to ./OFFICIAL_SENSITIVE_-_SoS_Decision_-_Day__Alexander.pdf:allegation 1a, 1b and 1c was sexually motivated. ./OFFICIAL_SENSITIVE_-_SoS_Decision_-_Day__Alexander.pdf- ./OFFICIAL_SENSITIVE_-_SoS_Decision_-_Day__Alexander.pdf-The panel has found the following particulars of the allegation(s) against you not proven, ./OFFICIAL_SENSITIVE_-_SoS_Decision_-_Day__Alexander.pdf-for these reasons: ./OFFICIAL_SENSITIVE_-_SoS_Decision_-_Day__Alexander.pdf- ./OFFICIAL_SENSITIVE_-_SoS_Decision_-_Day__Alexander.pdf-1) Engaged in and/or developed an inappropriate relationship with Pupil X ./OFFICIAL_SENSITIVE_-_SoS_Decision_-_Day__Alexander.pdf- between approximately January and May 2018 specifically by: ./OFFICIAL_SENSITIVE_-_SoS_Decision_-_Day__Alexander.pdf- ./OFFICIAL_SENSITIVE_-_SoS_Decision_-_Day__Alexander.pdf- d) allowing her to visit your flat on one or more occasions; ./OFFICIAL_SENSITIVE_-_SoS_Decision_-_Day__Alexander.pdf-The panel heard evidence from Witness A and Witness B that Pupil X had visited Mr ./OFFICIAL_SENSITIVE_-_SoS_Decision_-_Day__Alexander.pdf-Day’s flat on more than one occasion. -- ./OFFICIAL_SENSITIVE_-_SoS_Decision_-_Day__Alexander.pdf: f) engaging in sexual activity with her on one or more occasions; ./OFFICIAL_SENSITIVE_-_SoS_Decision_-_Day__Alexander.pdf:The panel noted that Pupil X had not been initially forthcoming about any sexual activity ./OFFICIAL_SENSITIVE_-_SoS_Decision_-_Day__Alexander.pdf-between herself and Mr Day throughout the School’s investigation, until her ./OFFICIAL_SENSITIVE_-_SoS_Decision_-_Day__Alexander.pdf:supplementary witness statement in which she confirmed they did engage in sexual ./OFFICIAL_SENSITIVE_-_SoS_Decision_-_Day__Alexander.pdf:activity. In comparison, Mr Day denies that any sexual activity took place. ./OFFICIAL_SENSITIVE_-_SoS_Decision_-_Day__Alexander.pdf- ./OFFICIAL_SENSITIVE_-_SoS_Decision_-_Day__Alexander.pdf-The panel heard from Witness A and Witness B that Pupil X had told them that she did ./OFFICIAL_SENSITIVE_-_SoS_Decision_-_Day__Alexander.pdf:engage in sexual activity with Mr Day. The panel has also seen screenshots of messages ./OFFICIAL_SENSITIVE_-_SoS_Decision_-_Day__Alexander.pdf:from Pupil X to Witness B, in which Pupil X describes sexual activity. In her oral ./OFFICIAL_SENSITIVE_-_SoS_Decision_-_Day__Alexander.pdf:evidence, Witness B states that in these messages, Pupil X was describing her sexual ./OFFICIAL_SENSITIVE_-_SoS_Decision_-_Day__Alexander.pdf-activity with Mr Day. ./OFFICIAL_SENSITIVE_-_SoS_Decision_-_Day__Alexander.pdf- ./OFFICIAL_SENSITIVE_-_SoS_Decision_-_Day__Alexander.pdf-The panel found Witness A and Witness B to be credible and genuine when giving ./OFFICIAL_SENSITIVE_-_SoS_Decision_-_Day__Alexander.pdf-evidence in relation to conversations with Pupil X. However, the panel noted that there ./OFFICIAL_SENSITIVE_-_SoS_Decision_-_Day__Alexander.pdf:was a marked difference between Pupil X’s earlier official accounts in relation to sexual ./OFFICIAL_SENSITIVE_-_SoS_Decision_-_Day__Alexander.pdf-activity, information given to Witness A and Witness B at the same time, and her later ./OFFICIAL_SENSITIVE_-_SoS_Decision_-_Day__Alexander.pdf:supplementary witness statement where she stated that sexual activity had occurred. ./OFFICIAL_SENSITIVE_-_SoS_Decision_-_Day__Alexander.pdf- ./OFFICIAL_SENSITIVE_-_SoS_Decision_-_Day__Alexander.pdf-The panel did not have the benefit of hearing evidence from Pupil X or asking questions ./OFFICIAL_SENSITIVE_-_SoS_Decision_-_Day__Alexander.pdf-of her, and as such placed less weight on her written evidence, given that the panel did ./OFFICIAL_SENSITIVE_-_SoS_Decision_-_Day__Alexander.pdf-not have the opportunity to test her credibility, in particular the reasons why she had ./OFFICIAL_SENSITIVE_-_SoS_Decision_-_Day__Alexander.pdf-changed her account. The evidence of Witnesses A and B relied entirely on information ./OFFICIAL_SENSITIVE_-_SoS_Decision_-_Day__Alexander.pdf-from Pupil X, which directly contrasted with her official account given at the same time. ./OFFICIAL_SENSITIVE_-_SoS_Decision_-_Day__Alexander.pdf- ./OFFICIAL_SENSITIVE_-_SoS_Decision_-_Day__Alexander.pdf-The panel noted that a vast number of emails, particularly from February 2018 onwards, ./OFFICIAL_SENSITIVE_-_SoS_Decision_-_Day__Alexander.pdf-make reference to love and “desires”, when describing books, films and music. However, ./OFFICIAL_SENSITIVE_-_SoS_Decision_-_Day__Alexander.pdf-the panel did not consider that these emails, although showing an inappropriate ./OFFICIAL_SENSITIVE_-_SoS_Decision_-_Day__Alexander.pdf:relationship was developed as found above, proved that sexual activity had occurred. ./OFFICIAL_SENSITIVE_-_SoS_Decision_-_Day__Alexander.pdf- ./OFFICIAL_SENSITIVE_-_SoS_Decision_-_Day__Alexander.pdf-Therefore, the panel did not find allegation 1f to be proven. ./OFFICIAL_SENSITIVE_-_SoS_Decision_-_Day__Alexander.pdf- ./OFFICIAL_SENSITIVE_-_SoS_Decision_-_Day__Alexander.pdf-2) You deleted emails you had sent to Pupil X during the school’s investigation ./OFFICIAL_SENSITIVE_-_SoS_Decision_-_Day__Alexander.pdf- into your conduct; ./OFFICIAL_SENSITIVE_-_SoS_Decision_-_Day__Alexander.pdf- ./OFFICIAL_SENSITIVE_-_SoS_Decision_-_Day__Alexander.pdf-No evidence was presented in respect of this allegation. This allegation is not proved. ./OFFICIAL_SENSITIVE_-_SoS_Decision_-_Day__Alexander.pdf- ./OFFICIAL_SENSITIVE_-_SoS_Decision_-_Day__Alexander.pdf-3) Your behaviour as may be found proven at: ./OFFICIAL_SENSITIVE_-_SoS_Decision_-_Day__Alexander.pdf- -- ./OFFICIAL_SENSITIVE_-_SoS_Decision_-_Day__Alexander.pdf- practices of the school in which they teach. ./OFFICIAL_SENSITIVE_-_SoS_Decision_-_Day__Alexander.pdf-  Teachers must have an understanding of, and always act within, the statutory ./OFFICIAL_SENSITIVE_-_SoS_Decision_-_Day__Alexander.pdf- frameworks which set out their professional duties and responsibilities. ./OFFICIAL_SENSITIVE_-_SoS_Decision_-_Day__Alexander.pdf-The panel is satisfied that the conduct of Mr Day amounts to misconduct of a serious ./OFFICIAL_SENSITIVE_-_SoS_Decision_-_Day__Alexander.pdf-nature which fell significantly short of the standards expected of the profession. ./OFFICIAL_SENSITIVE_-_SoS_Decision_-_Day__Alexander.pdf- ./OFFICIAL_SENSITIVE_-_SoS_Decision_-_Day__Alexander.pdf-The panel has also considered whether Mr Day’s conduct displayed behaviours ./OFFICIAL_SENSITIVE_-_SoS_Decision_-_Day__Alexander.pdf-associated with any of the offences listed on pages 10 and 11 of the Advice. ./OFFICIAL_SENSITIVE_-_SoS_Decision_-_Day__Alexander.pdf- ./OFFICIAL_SENSITIVE_-_SoS_Decision_-_Day__Alexander.pdf-The panel has found that none of these offences are relevant, as it did not find that ./OFFICIAL_SENSITIVE_-_SoS_Decision_-_Day__Alexander.pdf:sexual activity had taken place. ./OFFICIAL_SENSITIVE_-_SoS_Decision_-_Day__Alexander.pdf- ./OFFICIAL_SENSITIVE_-_SoS_Decision_-_Day__Alexander.pdf-The panel notes that the allegations 1b and 1c took place outside of the School. ./OFFICIAL_SENSITIVE_-_SoS_Decision_-_Day__Alexander.pdf-However, including allegation 1a and 3a, Mr Day’s actions stemmed from the email ./OFFICIAL_SENSITIVE_-_SoS_Decision_-_Day__Alexander.pdf-exchange which took place on the School network and therefore the relationship ./OFFICIAL_SENSITIVE_-_SoS_Decision_-_Day__Alexander.pdf-developed in the education setting. As such, the panel considered that Mr Day’s conduct ./OFFICIAL_SENSITIVE_-_SoS_Decision_-_Day__Alexander.pdf-affected the way he fulfilled his teaching role. ./OFFICIAL_SENSITIVE_-_SoS_Decision_-_Day__Alexander.pdf- ./OFFICIAL_SENSITIVE_-_SoS_Decision_-_Day__Alexander.pdf-Accordingly, the panel is satisfied that Mr Day is guilty of unacceptable professional ./OFFICIAL_SENSITIVE_-_SoS_Decision_-_Day__Alexander.pdf-conduct. ./OFFICIAL_SENSITIVE_-_SoS_Decision_-_Day__Alexander.pdf- -- ./OFFICIAL_SENSITIVE_-_SoS_Decision_-_Day__Alexander.pdf-are likely to have punitive effect. ./OFFICIAL_SENSITIVE_-_SoS_Decision_-_Day__Alexander.pdf- ./OFFICIAL_SENSITIVE_-_SoS_Decision_-_Day__Alexander.pdf-The panel has considered the particular public interest considerations set out in the ./OFFICIAL_SENSITIVE_-_SoS_Decision_-_Day__Alexander.pdf-Advice and having done so has found a number of them to be relevant in this case, ./OFFICIAL_SENSITIVE_-_SoS_Decision_-_Day__Alexander.pdf-namely the protection of pupils, the maintenance of public confidence in the profession ./OFFICIAL_SENSITIVE_-_SoS_Decision_-_Day__Alexander.pdf-and declaring and upholding proper standards of conduct. The panel also noted that ./OFFICIAL_SENSITIVE_-_SoS_Decision_-_Day__Alexander.pdf-there is a public interest in retaining good teachers in the profession. ./OFFICIAL_SENSITIVE_-_SoS_Decision_-_Day__Alexander.pdf- ./OFFICIAL_SENSITIVE_-_SoS_Decision_-_Day__Alexander.pdf-In light of the panel’s findings against Mr Day, which involved engaging in and developing ./OFFICIAL_SENSITIVE_-_SoS_Decision_-_Day__Alexander.pdf-an inappropriate relationship by exchanging emails, communicating with Pupil X on ./OFFICIAL_SENSITIVE_-_SoS_Decision_-_Day__Alexander.pdf:SoundCloud and meeting her outside of school, and such conduct being sexually ./OFFICIAL_SENSITIVE_-_SoS_Decision_-_Day__Alexander.pdf-motivated, there is a strong public interest consideration in respect of the protection of ./OFFICIAL_SENSITIVE_-_SoS_Decision_-_Day__Alexander.pdf-pupils given the serious findings of an inappropriate relationship with Pupil X. ./OFFICIAL_SENSITIVE_-_SoS_Decision_-_Day__Alexander.pdf- ./OFFICIAL_SENSITIVE_-_SoS_Decision_-_Day__Alexander.pdf-Similarly, the panel considers that public confidence in the profession could be seriously ./OFFICIAL_SENSITIVE_-_SoS_Decision_-_Day__Alexander.pdf-weakened if conduct such as that found against Mr Day was not treated with the utmost ./OFFICIAL_SENSITIVE_-_SoS_Decision_-_Day__Alexander.pdf-seriousness when regulating the conduct of the profession. ./OFFICIAL_SENSITIVE_-_SoS_Decision_-_Day__Alexander.pdf- ./OFFICIAL_SENSITIVE_-_SoS_Decision_-_Day__Alexander.pdf- ./OFFICIAL_SENSITIVE_-_SoS_Decision_-_Day__Alexander.pdf- 15 ./OFFICIAL_SENSITIVE_-_SoS_Decision_-_Day__Alexander.pdf- -- ./OFFICIAL_SENSITIVE_-_SoS_Decision_-_Day__Alexander.pdf-The panel took further account of the Advice, which suggests that a prohibition order may ./OFFICIAL_SENSITIVE_-_SoS_Decision_-_Day__Alexander.pdf-be appropriate if certain behaviours of a teacher have been proven. In the list of such ./OFFICIAL_SENSITIVE_-_SoS_Decision_-_Day__Alexander.pdf-behaviours, those that are relevant in this case are: ./OFFICIAL_SENSITIVE_-_SoS_Decision_-_Day__Alexander.pdf- ./OFFICIAL_SENSITIVE_-_SoS_Decision_-_Day__Alexander.pdf-  serious departure from the personal and professional conduct elements of the ./OFFICIAL_SENSITIVE_-_SoS_Decision_-_Day__Alexander.pdf- Teachers’ Standards; ./OFFICIAL_SENSITIVE_-_SoS_Decision_-_Day__Alexander.pdf-  misconduct seriously affecting the education and/or well-being of pupils, and ./OFFICIAL_SENSITIVE_-_SoS_Decision_-_Day__Alexander.pdf- particularly where there is a continuing risk; ./OFFICIAL_SENSITIVE_-_SoS_Decision_-_Day__Alexander.pdf-  abuse of position or trust (particularly involving vulnerable pupils) or violation of the ./OFFICIAL_SENSITIVE_-_SoS_Decision_-_Day__Alexander.pdf- rights of pupils; ./OFFICIAL_SENSITIVE_-_SoS_Decision_-_Day__Alexander.pdf:  sexual misconduct, e.g. involving actions that were sexually motivated or of a ./OFFICIAL_SENSITIVE_-_SoS_Decision_-_Day__Alexander.pdf: sexual nature and/or that use or exploit the trust, knowledge or influence derived ./OFFICIAL_SENSITIVE_-_SoS_Decision_-_Day__Alexander.pdf- from the individual’s professional position. ./OFFICIAL_SENSITIVE_-_SoS_Decision_-_Day__Alexander.pdf-Even though there were behaviours that would point to a prohibition order being ./OFFICIAL_SENSITIVE_-_SoS_Decision_-_Day__Alexander.pdf-appropriate, the panel went on to consider whether or not there were sufficient mitigating ./OFFICIAL_SENSITIVE_-_SoS_Decision_-_Day__Alexander.pdf-factors to militate against a prohibition order being an appropriate and proportionate ./OFFICIAL_SENSITIVE_-_SoS_Decision_-_Day__Alexander.pdf-measure to impose, particularly taking into account the nature and severity of the ./OFFICIAL_SENSITIVE_-_SoS_Decision_-_Day__Alexander.pdf-behaviour in this case. ./OFFICIAL_SENSITIVE_-_SoS_Decision_-_Day__Alexander.pdf- ./OFFICIAL_SENSITIVE_-_SoS_Decision_-_Day__Alexander.pdf- ./OFFICIAL_SENSITIVE_-_SoS_Decision_-_Day__Alexander.pdf- ./OFFICIAL_SENSITIVE_-_SoS_Decision_-_Day__Alexander.pdf-There was no evidence that the teacher’s actions were not deliberate and no evidence to -- ./OFFICIAL_SENSITIVE_-_SoS_Decision_-_Day__Alexander.pdf-made by the panel is sufficient. ./OFFICIAL_SENSITIVE_-_SoS_Decision_-_Day__Alexander.pdf- ./OFFICIAL_SENSITIVE_-_SoS_Decision_-_Day__Alexander.pdf-The panel is of the view that applying the standard of the ordinary intelligent citizen ./OFFICIAL_SENSITIVE_-_SoS_Decision_-_Day__Alexander.pdf-recommending no prohibition order is not a proportionate and appropriate response. ./OFFICIAL_SENSITIVE_-_SoS_Decision_-_Day__Alexander.pdf-Recommending that publication of adverse findings is sufficient in the case would ./OFFICIAL_SENSITIVE_-_SoS_Decision_-_Day__Alexander.pdf-unacceptably compromise the public interest considerations present in this case, despite ./OFFICIAL_SENSITIVE_-_SoS_Decision_-_Day__Alexander.pdf-the severity of consequences for the teacher of prohibition. ./OFFICIAL_SENSITIVE_-_SoS_Decision_-_Day__Alexander.pdf- ./OFFICIAL_SENSITIVE_-_SoS_Decision_-_Day__Alexander.pdf-The panel is of the view that prohibition is both proportionate and appropriate. The panel ./OFFICIAL_SENSITIVE_-_SoS_Decision_-_Day__Alexander.pdf-has decided that the public interest considerations outweigh the interests of Mr Day. The ./OFFICIAL_SENSITIVE_-_SoS_Decision_-_Day__Alexander.pdf:extent and content of the email exchange and panel’s finding of sexual motivation were ./OFFICIAL_SENSITIVE_-_SoS_Decision_-_Day__Alexander.pdf-significant factors in forming that opinion. Accordingly, the panel makes a ./OFFICIAL_SENSITIVE_-_SoS_Decision_-_Day__Alexander.pdf-recommendation to the Secretary of State that a prohibition order should be imposed with ./OFFICIAL_SENSITIVE_-_SoS_Decision_-_Day__Alexander.pdf-immediate effect. ./OFFICIAL_SENSITIVE_-_SoS_Decision_-_Day__Alexander.pdf- ./OFFICIAL_SENSITIVE_-_SoS_Decision_-_Day__Alexander.pdf-The panel went on to consider whether or not it would be appropriate for it to decide to ./OFFICIAL_SENSITIVE_-_SoS_Decision_-_Day__Alexander.pdf-recommend that a review period of the order should be considered. The panel was ./OFFICIAL_SENSITIVE_-_SoS_Decision_-_Day__Alexander.pdf-mindful that the Advice advises that a prohibition order applies for life, but there may be ./OFFICIAL_SENSITIVE_-_SoS_Decision_-_Day__Alexander.pdf-circumstances in any given case that may make it appropriate to allow a teacher to apply ./OFFICIAL_SENSITIVE_-_SoS_Decision_-_Day__Alexander.pdf-to have the prohibition order reviewed after a specified period of time that may not be ./OFFICIAL_SENSITIVE_-_SoS_Decision_-_Day__Alexander.pdf-less than 2 years. ./OFFICIAL_SENSITIVE_-_SoS_Decision_-_Day__Alexander.pdf- ./OFFICIAL_SENSITIVE_-_SoS_Decision_-_Day__Alexander.pdf-The Advice indicates that there are behaviours that, if proven, would militate against a ./OFFICIAL_SENSITIVE_-_SoS_Decision_-_Day__Alexander.pdf:review period being recommended. One of these behaviours includes serious sexual ./OFFICIAL_SENSITIVE_-_SoS_Decision_-_Day__Alexander.pdf:misconduct, e.g. where the act was sexually motivated and resulted in or had the ./OFFICIAL_SENSITIVE_-_SoS_Decision_-_Day__Alexander.pdf-potential to result in, harm to a person or persons, particularly where the individual has ./OFFICIAL_SENSITIVE_-_SoS_Decision_-_Day__Alexander.pdf-used their professional position to influence or exploit a person or persons. The panel ./OFFICIAL_SENSITIVE_-_SoS_Decision_-_Day__Alexander.pdf:has found that Mr Day has been responsible for serious sexual misconduct, but noted ./OFFICIAL_SENSITIVE_-_SoS_Decision_-_Day__Alexander.pdf-that Pupil X, taking into account the passage of time since the proven conduct, stated ./OFFICIAL_SENSITIVE_-_SoS_Decision_-_Day__Alexander.pdf-that she “has no complaints to make against Mr Day”. The panel has also seen and ./OFFICIAL_SENSITIVE_-_SoS_Decision_-_Day__Alexander.pdf-heard evidence from Witness A and Witness B that Pupil X deliberately sought out Mr ./OFFICIAL_SENSITIVE_-_SoS_Decision_-_Day__Alexander.pdf-Day and was excited to see him. ./OFFICIAL_SENSITIVE_-_SoS_Decision_-_Day__Alexander.pdf- ./OFFICIAL_SENSITIVE_-_SoS_Decision_-_Day__Alexander.pdf-Mr Day had acknowledged that the conduct of the nature described in the allegations ./OFFICIAL_SENSITIVE_-_SoS_Decision_-_Day__Alexander.pdf-could be perceived as inappropriate. The panel felt that this was indicative of a lack of ./OFFICIAL_SENSITIVE_-_SoS_Decision_-_Day__Alexander.pdf-insight and remorse. Mr Day had failed to take full responsibility for his actions and was ./OFFICIAL_SENSITIVE_-_SoS_Decision_-_Day__Alexander.pdf-entrenched in his view that the blame for his situation, encompassed by the allegations, ./OFFICIAL_SENSITIVE_-_SoS_Decision_-_Day__Alexander.pdf-lay largely elsewhere. -- ./OFFICIAL_SENSITIVE_-_SoS_Decision_-_Day__Alexander.pdf- professional position; ./OFFICIAL_SENSITIVE_-_SoS_Decision_-_Day__Alexander.pdf- o having regard for the need to safeguard pupils’ well-being, in accordance with ./OFFICIAL_SENSITIVE_-_SoS_Decision_-_Day__Alexander.pdf- statutory provisions. ./OFFICIAL_SENSITIVE_-_SoS_Decision_-_Day__Alexander.pdf-  Teachers must have proper and professional regard for the ethos, policies and ./OFFICIAL_SENSITIVE_-_SoS_Decision_-_Day__Alexander.pdf- practices of the school in which they teach. ./OFFICIAL_SENSITIVE_-_SoS_Decision_-_Day__Alexander.pdf-  Teachers must have an understanding of, and always act within, the statutory ./OFFICIAL_SENSITIVE_-_SoS_Decision_-_Day__Alexander.pdf- frameworks which set out their professional duties and responsibilities. ./OFFICIAL_SENSITIVE_-_SoS_Decision_-_Day__Alexander.pdf-The panel finds that the conduct of Mr Day fell significantly short of the standards ./OFFICIAL_SENSITIVE_-_SoS_Decision_-_Day__Alexander.pdf-expected of the profession. ./OFFICIAL_SENSITIVE_-_SoS_Decision_-_Day__Alexander.pdf- ./OFFICIAL_SENSITIVE_-_SoS_Decision_-_Day__Alexander.pdf:The findings of misconduct are particularly serious as they include a finding of sexual ./OFFICIAL_SENSITIVE_-_SoS_Decision_-_Day__Alexander.pdf-misconduct. ./OFFICIAL_SENSITIVE_-_SoS_Decision_-_Day__Alexander.pdf- ./OFFICIAL_SENSITIVE_-_SoS_Decision_-_Day__Alexander.pdf- ./OFFICIAL_SENSITIVE_-_SoS_Decision_-_Day__Alexander.pdf- 18 ./OFFICIAL_SENSITIVE_-_SoS_Decision_-_Day__Alexander.pdf- -- ./OFFICIAL_SENSITIVE_-_SoS_Decision_-_Day__Alexander.pdf-finding of unacceptable professional conduct and conduct that may bring the profession ./OFFICIAL_SENSITIVE_-_SoS_Decision_-_Day__Alexander.pdf-into disrepute, would itself be sufficient to achieve the overall aim. I have to consider ./OFFICIAL_SENSITIVE_-_SoS_Decision_-_Day__Alexander.pdf-whether the consequences of such a publication are themselves sufficient. I have ./OFFICIAL_SENSITIVE_-_SoS_Decision_-_Day__Alexander.pdf-considered therefore whether or not prohibiting Mr Day, and the impact that will have on ./OFFICIAL_SENSITIVE_-_SoS_Decision_-_Day__Alexander.pdf-him, is proportionate and in the public interest. ./OFFICIAL_SENSITIVE_-_SoS_Decision_-_Day__Alexander.pdf- ./OFFICIAL_SENSITIVE_-_SoS_Decision_-_Day__Alexander.pdf-In this case, I have considered the extent to which a prohibition order would protect ./OFFICIAL_SENSITIVE_-_SoS_Decision_-_Day__Alexander.pdf-children. The panel say, “In light of the panel’s findings against Mr Day, which involved ./OFFICIAL_SENSITIVE_-_SoS_Decision_-_Day__Alexander.pdf-engaging in and developing an inappropriate relationship by exchanging emails, ./OFFICIAL_SENSITIVE_-_SoS_Decision_-_Day__Alexander.pdf-communicating with Pupil X on SoundCloud and meeting her outside of school, and such ./OFFICIAL_SENSITIVE_-_SoS_Decision_-_Day__Alexander.pdf:conduct being sexually motivated, there is a strong public interest consideration in ./OFFICIAL_SENSITIVE_-_SoS_Decision_-_Day__Alexander.pdf-respect of the protection of pupils given the serious findings of an inappropriate ./OFFICIAL_SENSITIVE_-_SoS_Decision_-_Day__Alexander.pdf-relationship with Pupil X.” A prohibition order would therefore prevent such a risk from ./OFFICIAL_SENSITIVE_-_SoS_Decision_-_Day__Alexander.pdf-being present in the future. I have also taken into account the panel’s comments on ./OFFICIAL_SENSITIVE_-_SoS_Decision_-_Day__Alexander.pdf-insight and remorse, which the panel sets out as follows, “Mr Day had acknowledged that ./OFFICIAL_SENSITIVE_-_SoS_Decision_-_Day__Alexander.pdf-the conduct of the nature described in the allegations could be perceived as ./OFFICIAL_SENSITIVE_-_SoS_Decision_-_Day__Alexander.pdf-inappropriate. The panel felt that this was indicative of a lack of insight and remorse. Mr ./OFFICIAL_SENSITIVE_-_SoS_Decision_-_Day__Alexander.pdf-Day had failed to take full responsibility for his actions and was entrenched in his view ./OFFICIAL_SENSITIVE_-_SoS_Decision_-_Day__Alexander.pdf-that the blame for his situation, encompassed by the allegations, lay largely elsewhere.” ./OFFICIAL_SENSITIVE_-_SoS_Decision_-_Day__Alexander.pdf-In my judgement, the lack of insight means that there is some risk of the repetition of this ./OFFICIAL_SENSITIVE_-_SoS_Decision_-_Day__Alexander.pdf-behaviour and this puts at risk future pupils’ safeguarding. I have therefore given this ./OFFICIAL_SENSITIVE_-_SoS_Decision_-_Day__Alexander.pdf-element considerable weight in reaching my decision. ./OFFICIAL_SENSITIVE_-_SoS_Decision_-_Day__Alexander.pdf- ./OFFICIAL_SENSITIVE_-_SoS_Decision_-_Day__Alexander.pdf-I have gone on to consider the extent to which a prohibition order would maintain public ./OFFICIAL_SENSITIVE_-_SoS_Decision_-_Day__Alexander.pdf-confidence in the profession. The panel observe, “that public confidence in the ./OFFICIAL_SENSITIVE_-_SoS_Decision_-_Day__Alexander.pdf-profession could be seriously weakened if conduct such as that found against Mr Day ./OFFICIAL_SENSITIVE_-_SoS_Decision_-_Day__Alexander.pdf-was not treated with the utmost seriousness when regulating the conduct of the ./OFFICIAL_SENSITIVE_-_SoS_Decision_-_Day__Alexander.pdf:profession.” I am particularly mindful of the finding of sexual misconduct in this case and ./OFFICIAL_SENSITIVE_-_SoS_Decision_-_Day__Alexander.pdf-the impact that such a finding has on the reputation of the profession. ./OFFICIAL_SENSITIVE_-_SoS_Decision_-_Day__Alexander.pdf- ./OFFICIAL_SENSITIVE_-_SoS_Decision_-_Day__Alexander.pdf-I have had to consider that the public has a high expectation of professional standards of ./OFFICIAL_SENSITIVE_-_SoS_Decision_-_Day__Alexander.pdf-all teachers and that the public might regard a failure to impose a prohibition order as a ./OFFICIAL_SENSITIVE_-_SoS_Decision_-_Day__Alexander.pdf-failure to uphold those high standards. In weighing these considerations, I have had to ./OFFICIAL_SENSITIVE_-_SoS_Decision_-_Day__Alexander.pdf-consider the matter from the point of view of an “ordinary intelligent and well-informed ./OFFICIAL_SENSITIVE_-_SoS_Decision_-_Day__Alexander.pdf-citizen.” ./OFFICIAL_SENSITIVE_-_SoS_Decision_-_Day__Alexander.pdf- ./OFFICIAL_SENSITIVE_-_SoS_Decision_-_Day__Alexander.pdf-I have considered whether the publication of a finding of unacceptable professional ./OFFICIAL_SENSITIVE_-_SoS_Decision_-_Day__Alexander.pdf-conduct, in the absence of a prohibition order, can itself be regarded by such a person as -- ./OFFICIAL_SENSITIVE_-_SoS_Decision_-_Day__Alexander.pdf-not in my view satisfy the public interest requirement concerning public confidence in the ./OFFICIAL_SENSITIVE_-_SoS_Decision_-_Day__Alexander.pdf-profession. ./OFFICIAL_SENSITIVE_-_SoS_Decision_-_Day__Alexander.pdf- ./OFFICIAL_SENSITIVE_-_SoS_Decision_-_Day__Alexander.pdf-For these reasons, I have concluded that a prohibition order is proportionate and in the ./OFFICIAL_SENSITIVE_-_SoS_Decision_-_Day__Alexander.pdf-public interest in order to achieve the intended aims of a prohibition order. ./OFFICIAL_SENSITIVE_-_SoS_Decision_-_Day__Alexander.pdf- ./OFFICIAL_SENSITIVE_-_SoS_Decision_-_Day__Alexander.pdf-I have gone on to consider the matter of a review period. In this case, the panel has ./OFFICIAL_SENSITIVE_-_SoS_Decision_-_Day__Alexander.pdf-recommended a 5 year review period. ./OFFICIAL_SENSITIVE_-_SoS_Decision_-_Day__Alexander.pdf- ./OFFICIAL_SENSITIVE_-_SoS_Decision_-_Day__Alexander.pdf-I have considered the panel’s comments, “The panel has found that Mr Day has been ./OFFICIAL_SENSITIVE_-_SoS_Decision_-_Day__Alexander.pdf:responsible for serious sexual misconduct, but noted that Pupil X, taking into account the ./OFFICIAL_SENSITIVE_-_SoS_Decision_-_Day__Alexander.pdf-passage of time since the proven conduct, stated that she “has no complaints to make ./OFFICIAL_SENSITIVE_-_SoS_Decision_-_Day__Alexander.pdf-against Mr Day”.” ./OFFICIAL_SENSITIVE_-_SoS_Decision_-_Day__Alexander.pdf- ./OFFICIAL_SENSITIVE_-_SoS_Decision_-_Day__Alexander.pdf-The panel has also said that, “Having regard to Mr Day’s lack of insight and need to ./OFFICIAL_SENSITIVE_-_SoS_Decision_-_Day__Alexander.pdf-redress his behaviour, the panel felt that a review period of 5 years was appropriate and ./OFFICIAL_SENSITIVE_-_SoS_Decision_-_Day__Alexander.pdf-proportionate.” ./OFFICIAL_SENSITIVE_-_SoS_Decision_-_Day__Alexander.pdf- ./OFFICIAL_SENSITIVE_-_SoS_Decision_-_Day__Alexander.pdf-I have considered whether a 5 year review period reflects the seriousness of the findings ./OFFICIAL_SENSITIVE_-_SoS_Decision_-_Day__Alexander.pdf-and is a proportionate period to achieve the aim of maintaining public confidence in the ./OFFICIAL_SENSITIVE_-_SoS_Decision_-_Day__Alexander.pdf-profession. In this case, two factors mean that a two-year review period is not sufficient to ./OFFICIAL_SENSITIVE_-_SoS_Decision_-_Day__Alexander.pdf-achieve the aim of maintaining public confidence in the profession. These elements are ./OFFICIAL_SENSITIVE_-_SoS_Decision_-_Day__Alexander.pdf:the serious sexual misconduct found and the lack of either insight or remorse. ./OFFICIAL_SENSITIVE_-_SoS_Decision_-_Day__Alexander.pdf- ./OFFICIAL_SENSITIVE_-_SoS_Decision_-_Day__Alexander.pdf- ./OFFICIAL_SENSITIVE_-_SoS_Decision_-_Day__Alexander.pdf- ./OFFICIAL_SENSITIVE_-_SoS_Decision_-_Day__Alexander.pdf- 20 ./OFFICIAL_SENSITIVE_-_SoS_Decision_-_Day__Alexander.pdf- ./OFFICIAL_SENSITIVE_-_SoS_Decision_-_Marsh__S.docx.pdf-and/or conduct that may bring the profession into disrepute, in that: ./OFFICIAL_SENSITIVE_-_SoS_Decision_-_Marsh__S.docx.pdf- ./OFFICIAL_SENSITIVE_-_SoS_Decision_-_Marsh__S.docx.pdf- 1. He inappropriately touched pupil(s) by: ./OFFICIAL_SENSITIVE_-_SoS_Decision_-_Marsh__S.docx.pdf- a. Placing his hands on or near to Pupil A’s waist whilst she was near the ./OFFICIAL_SENSITIVE_-_SoS_Decision_-_Marsh__S.docx.pdf- keyboard/piano. ./OFFICIAL_SENSITIVE_-_SoS_Decision_-_Marsh__S.docx.pdf- b. Massaging/rubbing a pupil’s shoulders during a lesson. ./OFFICIAL_SENSITIVE_-_SoS_Decision_-_Marsh__S.docx.pdf- c. Playing with the hair of a pupil/pupils. ./OFFICIAL_SENSITIVE_-_SoS_Decision_-_Marsh__S.docx.pdf- d. Placing his hand on top of a pupil’s hand. ./OFFICIAL_SENSITIVE_-_SoS_Decision_-_Marsh__S.docx.pdf- 2. Made inappropriate comments by saying to Pupil C words to the effect of “I’m glad ./OFFICIAL_SENSITIVE_-_SoS_Decision_-_Marsh__S.docx.pdf- you’re wearing shorts” when her skirt blew up. ./OFFICIAL_SENSITIVE_-_SoS_Decision_-_Marsh__S.docx.pdf: 3. His actions, as may be found proven, in Allegation 1 were sexually motivated. ./OFFICIAL_SENSITIVE_-_SoS_Decision_-_Marsh__S.docx.pdf- 4. His actions in Allegation 1, as may be found proven, were contrary to written ./OFFICIAL_SENSITIVE_-_SoS_Decision_-_Marsh__S.docx.pdf- Management Advice given in February 2016 and/or contrary to the ./OFFICIAL_SENSITIVE_-_SoS_Decision_-_Marsh__S.docx.pdf- recommendation given in the formal warning in July 2016. ./OFFICIAL_SENSITIVE_-_SoS_Decision_-_Marsh__S.docx.pdf-The allegations have not been admitted. ./OFFICIAL_SENSITIVE_-_SoS_Decision_-_Marsh__S.docx.pdf- ./OFFICIAL_SENSITIVE_-_SoS_Decision_-_Marsh__S.docx.pdf- ./OFFICIAL_SENSITIVE_-_SoS_Decision_-_Marsh__S.docx.pdf-C. Preliminary applications ./OFFICIAL_SENSITIVE_-_SoS_Decision_-_Marsh__S.docx.pdf-The panel noted that a number of pupils were identified by name throughout the bundle ./OFFICIAL_SENSITIVE_-_SoS_Decision_-_Marsh__S.docx.pdf-of documents. The panel confirmed that these pupils would be anonymised and an ./OFFICIAL_SENSITIVE_-_SoS_Decision_-_Marsh__S.docx.pdf-updated anonymised pupil list was prepared. -- ./OFFICIAL_SENSITIVE_-_SoS_Decision_-_Marsh__S.docx.pdf-Head of Service at the Blackpool Music Service allowed scope for physical contact with ./OFFICIAL_SENSITIVE_-_SoS_Decision_-_Marsh__S.docx.pdf-pupils in music to demonstrate technique in the use of a piece of equipment when it is ./OFFICIAL_SENSITIVE_-_SoS_Decision_-_Marsh__S.docx.pdf-necessary. The panel considered that Mr Marsh had taken this advice into account and ./OFFICIAL_SENSITIVE_-_SoS_Decision_-_Marsh__S.docx.pdf-used physical contact as a last resort when demonstrating technique in the use of the ./OFFICIAL_SENSITIVE_-_SoS_Decision_-_Marsh__S.docx.pdf-keyboard. In this context and taking into account the evidence as to how Mr Marsh would ./OFFICIAL_SENSITIVE_-_SoS_Decision_-_Marsh__S.docx.pdf-position his hand on top of a pupil’s hand; the panel did not consider this to be ./OFFICIAL_SENSITIVE_-_SoS_Decision_-_Marsh__S.docx.pdf-inappropriate touching. ./OFFICIAL_SENSITIVE_-_SoS_Decision_-_Marsh__S.docx.pdf- ./OFFICIAL_SENSITIVE_-_SoS_Decision_-_Marsh__S.docx.pdf-Therefore, the panel did not find allegation 1d to be proven. ./OFFICIAL_SENSITIVE_-_SoS_Decision_-_Marsh__S.docx.pdf- ./OFFICIAL_SENSITIVE_-_SoS_Decision_-_Marsh__S.docx.pdf: 3. Your actions, as may be found proven, in Allegation 1 were sexually ./OFFICIAL_SENSITIVE_-_SoS_Decision_-_Marsh__S.docx.pdf- motivated. ./OFFICIAL_SENSITIVE_-_SoS_Decision_-_Marsh__S.docx.pdf- ./OFFICIAL_SENSITIVE_-_SoS_Decision_-_Marsh__S.docx.pdf-The panel did not consider that any of Mr Marsh’s actions, as found proven in allegation ./OFFICIAL_SENSITIVE_-_SoS_Decision_-_Marsh__S.docx.pdf:1, were sexually motivated. It was not alleged that Mr Marsh’s actions were in pursuit of a ./OFFICIAL_SENSITIVE_-_SoS_Decision_-_Marsh__S.docx.pdf-future relationship with the pupils. ./OFFICIAL_SENSITIVE_-_SoS_Decision_-_Marsh__S.docx.pdf- ./OFFICIAL_SENSITIVE_-_SoS_Decision_-_Marsh__S.docx.pdf- ./OFFICIAL_SENSITIVE_-_SoS_Decision_-_Marsh__S.docx.pdf- 11 ./OFFICIAL_SENSITIVE_-_SoS_Decision_-_Marsh__S.docx.pdf- -- ./OFFICIAL_SENSITIVE_-_SoS_Decision_-_Marsh__S.docx.pdf-The panel concluded that there was absolutely no evidence that Mr Marsh’s actions were ./OFFICIAL_SENSITIVE_-_SoS_Decision_-_Marsh__S.docx.pdf:in pursuit of sexual gratification. The panel noted that Mr Marsh did not engineer the ./OFFICIAL_SENSITIVE_-_SoS_Decision_-_Marsh__S.docx.pdf-situations and there was no evidence of any follow up to his actions. The panel noted that ./OFFICIAL_SENSITIVE_-_SoS_Decision_-_Marsh__S.docx.pdf-Mr Marsh’s action in allegation 1a was instinctive. In relation to allegation 1b and 1c, the ./OFFICIAL_SENSITIVE_-_SoS_Decision_-_Marsh__S.docx.pdf-panel considered that at times Mr Marsh was overfamiliar with pupils with the intention of ./OFFICIAL_SENSITIVE_-_SoS_Decision_-_Marsh__S.docx.pdf-being liked as a teacher and “eccentric” as described by the headteacher of the Academy ./OFFICIAL_SENSITIVE_-_SoS_Decision_-_Marsh__S.docx.pdf:in his oral evidence, but his actions were not sexually motivated. ./OFFICIAL_SENSITIVE_-_SoS_Decision_-_Marsh__S.docx.pdf- ./OFFICIAL_SENSITIVE_-_SoS_Decision_-_Marsh__S.docx.pdf-Therefore, the panel did not find allegation 3 to be proven. ./OFFICIAL_SENSITIVE_-_SoS_Decision_-_Marsh__S.docx.pdf- ./OFFICIAL_SENSITIVE_-_SoS_Decision_-_Marsh__S.docx.pdf-Findings as to unacceptable professional conduct and/or conduct that ./OFFICIAL_SENSITIVE_-_SoS_Decision_-_Marsh__S.docx.pdf-may bring the profession into disrepute ./OFFICIAL_SENSITIVE_-_SoS_Decision_-_Marsh__S.docx.pdf-Having found a number of the allegations to have been proven, the panel has gone on to ./OFFICIAL_SENSITIVE_-_SoS_Decision_-_Marsh__S.docx.pdf-consider whether the facts of those proven allegations amount to unacceptable ./OFFICIAL_SENSITIVE_-_SoS_Decision_-_Marsh__S.docx.pdf-professional conduct and/or conduct that may bring the profession into disrepute. ./OFFICIAL_SENSITIVE_-_SoS_Decision_-_Marsh__S.docx.pdf- ./OFFICIAL_SENSITIVE_-_SoS_Decision_-_Marsh__S.docx.pdf-In doing so, the panel has had regard to the document Teacher Misconduct: The -- ./OFFICIAL_SENSITIVE_-_SoS_Decision_-_Marsh__S.docx.pdf-against Mr Marsh was outside that which could reasonably be tolerated. ./OFFICIAL_SENSITIVE_-_SoS_Decision_-_Marsh__S.docx.pdf- ./OFFICIAL_SENSITIVE_-_SoS_Decision_-_Marsh__S.docx.pdf-Similarly, the panel considers that public confidence in the profession could be seriously ./OFFICIAL_SENSITIVE_-_SoS_Decision_-_Marsh__S.docx.pdf-weakened if conduct such as that found against Mr Marsh was not treated with the ./OFFICIAL_SENSITIVE_-_SoS_Decision_-_Marsh__S.docx.pdf-utmost seriousness when regulating the conduct of the profession. ./OFFICIAL_SENSITIVE_-_SoS_Decision_-_Marsh__S.docx.pdf- ./OFFICIAL_SENSITIVE_-_SoS_Decision_-_Marsh__S.docx.pdf-The panel did not consider there to be a strong public interest consideration in respect of ./OFFICIAL_SENSITIVE_-_SoS_Decision_-_Marsh__S.docx.pdf-the protection of pupils as, although the behaviours found proven in allegation 1 were ./OFFICIAL_SENSITIVE_-_SoS_Decision_-_Marsh__S.docx.pdf-inappropriate, they did not reach the threshold of unacceptable professional ./OFFICIAL_SENSITIVE_-_SoS_Decision_-_Marsh__S.docx.pdf-conduct/conduct that may bring the profession into disrepute and the panel did not find ./OFFICIAL_SENSITIVE_-_SoS_Decision_-_Marsh__S.docx.pdf:that Mr Marsh’s actions were sexually motivated. ./OFFICIAL_SENSITIVE_-_SoS_Decision_-_Marsh__S.docx.pdf- ./OFFICIAL_SENSITIVE_-_SoS_Decision_-_Marsh__S.docx.pdf-Furthermore, the panel considered that there was a strong public interest consideration in ./OFFICIAL_SENSITIVE_-_SoS_Decision_-_Marsh__S.docx.pdf-retaining the teacher in their profession, since no doubt has been cast upon his abilities ./OFFICIAL_SENSITIVE_-_SoS_Decision_-_Marsh__S.docx.pdf-as an educator and he is able to make a valuable contribution to the profession. ./OFFICIAL_SENSITIVE_-_SoS_Decision_-_Marsh__S.docx.pdf- ./OFFICIAL_SENSITIVE_-_SoS_Decision_-_Marsh__S.docx.pdf-In view of the clear public interest considerations that were present, the panel considered ./OFFICIAL_SENSITIVE_-_SoS_Decision_-_Marsh__S.docx.pdf-carefully whether or not it would be proportionate to impose a prohibition order taking into ./OFFICIAL_SENSITIVE_-_SoS_Decision_-_Marsh__S.docx.pdf-account the effect that this would have on Mr Marsh. ./OFFICIAL_SENSITIVE_-_SoS_Decision_-_Marsh__S.docx.pdf- ./OFFICIAL_SENSITIVE_-_SoS_Decision_-_Marsh__S.docx.pdf-In carrying out the balancing exercise the panel has considered the public interest ./OFFICIAL_SENSITIVE_-_SoS_Decision_-_Singh_I1_for_WEB.pdf- occasions between approximately November 2016 and March 2017 in that he: ./OFFICIAL_SENSITIVE_-_SoS_Decision_-_Singh_I1_for_WEB.pdf- ./OFFICIAL_SENSITIVE_-_SoS_Decision_-_Singh_I1_for_WEB.pdf- a. kissed ./OFFICIAL_SENSITIVE_-_SoS_Decision_-_Singh_I1_for_WEB.pdf- i. Pupil A ./OFFICIAL_SENSITIVE_-_SoS_Decision_-_Singh_I1_for_WEB.pdf- ii. Pupil B ./OFFICIAL_SENSITIVE_-_SoS_Decision_-_Singh_I1_for_WEB.pdf- b. hugged ./OFFICIAL_SENSITIVE_-_SoS_Decision_-_Singh_I1_for_WEB.pdf- i. Pupil A ./OFFICIAL_SENSITIVE_-_SoS_Decision_-_Singh_I1_for_WEB.pdf- ii. Pupil B ./OFFICIAL_SENSITIVE_-_SoS_Decision_-_Singh_I1_for_WEB.pdf- iii. Pupil C ./OFFICIAL_SENSITIVE_-_SoS_Decision_-_Singh_I1_for_WEB.pdf- c. squeezed Pupil C’s hand ./OFFICIAL_SENSITIVE_-_SoS_Decision_-_Singh_I1_for_WEB.pdf: 2. His conduct as may be found proven at 1(a) – (c) above was conduct of a sexual ./OFFICIAL_SENSITIVE_-_SoS_Decision_-_Singh_I1_for_WEB.pdf: nature and / or was sexually motivated ./OFFICIAL_SENSITIVE_-_SoS_Decision_-_Singh_I1_for_WEB.pdf- ./OFFICIAL_SENSITIVE_-_SoS_Decision_-_Singh_I1_for_WEB.pdf:Mr Singh accepts allegation 1.b.iii. but denies it was sexually motivated. Mr Singh denies ./OFFICIAL_SENSITIVE_-_SoS_Decision_-_Singh_I1_for_WEB.pdf-the remainder of the allegations. ./OFFICIAL_SENSITIVE_-_SoS_Decision_-_Singh_I1_for_WEB.pdf- ./OFFICIAL_SENSITIVE_-_SoS_Decision_-_Singh_I1_for_WEB.pdf-Mr Singh denies that the admitted allegation amounts to unacceptable professional ./OFFICIAL_SENSITIVE_-_SoS_Decision_-_Singh_I1_for_WEB.pdf-conduct or conduct that may bring the profession into disrepute. ./OFFICIAL_SENSITIVE_-_SoS_Decision_-_Singh_I1_for_WEB.pdf- ./OFFICIAL_SENSITIVE_-_SoS_Decision_-_Singh_I1_for_WEB.pdf- ./OFFICIAL_SENSITIVE_-_SoS_Decision_-_Singh_I1_for_WEB.pdf-C. Preliminary applications ./OFFICIAL_SENSITIVE_-_SoS_Decision_-_Singh_I1_for_WEB.pdf-The panel considered an application from the presenting officer to proceed in the ./OFFICIAL_SENSITIVE_-_SoS_Decision_-_Singh_I1_for_WEB.pdf-absence of Mr Singh. ./OFFICIAL_SENSITIVE_-_SoS_Decision_-_Singh_I1_for_WEB.pdf- -- ./OFFICIAL_SENSITIVE_-_SoS_Decision_-_Singh_I1_for_WEB.pdf-Witnesses ./OFFICIAL_SENSITIVE_-_SoS_Decision_-_Singh_I1_for_WEB.pdf-The panel heard oral evidence from Pupil B, Pupil C and the [REDACTED] of the school. ./OFFICIAL_SENSITIVE_-_SoS_Decision_-_Singh_I1_for_WEB.pdf- ./OFFICIAL_SENSITIVE_-_SoS_Decision_-_Singh_I1_for_WEB.pdf- ./OFFICIAL_SENSITIVE_-_SoS_Decision_-_Singh_I1_for_WEB.pdf-E. Decision and reasons ./OFFICIAL_SENSITIVE_-_SoS_Decision_-_Singh_I1_for_WEB.pdf-The panel has carefully considered the case before it and has reached a decision. ./OFFICIAL_SENSITIVE_-_SoS_Decision_-_Singh_I1_for_WEB.pdf- ./OFFICIAL_SENSITIVE_-_SoS_Decision_-_Singh_I1_for_WEB.pdf-Mr Singh was employed as a mathematics teacher at the school from 28 April 2014. It is ./OFFICIAL_SENSITIVE_-_SoS_Decision_-_Singh_I1_for_WEB.pdf-alleged that between November 2016 and March 2017 Mr Singh had inappropriate ./OFFICIAL_SENSITIVE_-_SoS_Decision_-_Singh_I1_for_WEB.pdf-contact with three pupils at the school, consisting of hugs, kisses and touching a pupil’s ./OFFICIAL_SENSITIVE_-_SoS_Decision_-_Singh_I1_for_WEB.pdf:hand. It is further alleged that this conduct was sexually motivated. ./OFFICIAL_SENSITIVE_-_SoS_Decision_-_Singh_I1_for_WEB.pdf- ./OFFICIAL_SENSITIVE_-_SoS_Decision_-_Singh_I1_for_WEB.pdf- ./OFFICIAL_SENSITIVE_-_SoS_Decision_-_Singh_I1_for_WEB.pdf- ./OFFICIAL_SENSITIVE_-_SoS_Decision_-_Singh_I1_for_WEB.pdf- ./OFFICIAL_SENSITIVE_-_SoS_Decision_-_Singh_I1_for_WEB.pdf- 6 ./OFFICIAL_SENSITIVE_-_SoS_Decision_-_Singh_I1_for_WEB.pdf- -- ./OFFICIAL_SENSITIVE_-_SoS_Decision_-_Singh_I1_for_WEB.pdf- ./OFFICIAL_SENSITIVE_-_SoS_Decision_-_Singh_I1_for_WEB.pdf-The panel noted the evidence of Mr Singh, who stated that, “I refute the allegation that I ./OFFICIAL_SENSITIVE_-_SoS_Decision_-_Singh_I1_for_WEB.pdf-squeezed Pupil C’s hand.” ./OFFICIAL_SENSITIVE_-_SoS_Decision_-_Singh_I1_for_WEB.pdf- ./OFFICIAL_SENSITIVE_-_SoS_Decision_-_Singh_I1_for_WEB.pdf-The panel preferred the evidence of Pupil C, finding her to be a credible and reliable ./OFFICIAL_SENSITIVE_-_SoS_Decision_-_Singh_I1_for_WEB.pdf-witness. ./OFFICIAL_SENSITIVE_-_SoS_Decision_-_Singh_I1_for_WEB.pdf- ./OFFICIAL_SENSITIVE_-_SoS_Decision_-_Singh_I1_for_WEB.pdf-The panel found this allegation proven. ./OFFICIAL_SENSITIVE_-_SoS_Decision_-_Singh_I1_for_WEB.pdf- ./OFFICIAL_SENSITIVE_-_SoS_Decision_-_Singh_I1_for_WEB.pdf- 2. Your conduct as may be found proven at 1(a) – (c) above was conduct of a ./OFFICIAL_SENSITIVE_-_SoS_Decision_-_Singh_I1_for_WEB.pdf: sexual nature and / or was sexually motivated ./OFFICIAL_SENSITIVE_-_SoS_Decision_-_Singh_I1_for_WEB.pdf- ./OFFICIAL_SENSITIVE_-_SoS_Decision_-_Singh_I1_for_WEB.pdf-As with all findings of fact, the panel considered this question applying the balance of ./OFFICIAL_SENSITIVE_-_SoS_Decision_-_Singh_I1_for_WEB.pdf-probabilities. The panel considered whether on the balance of probabilities reasonable ./OFFICIAL_SENSITIVE_-_SoS_Decision_-_Singh_I1_for_WEB.pdf:persons would think the words and actions found proven could be sexual. The panel then ./OFFICIAL_SENSITIVE_-_SoS_Decision_-_Singh_I1_for_WEB.pdf-considered whether, in all the circumstances of the conduct in the case, it was more likely ./OFFICIAL_SENSITIVE_-_SoS_Decision_-_Singh_I1_for_WEB.pdf:than not that the teacher’s purpose of such words and actions were sexual. ./OFFICIAL_SENSITIVE_-_SoS_Decision_-_Singh_I1_for_WEB.pdf- ./OFFICIAL_SENSITIVE_-_SoS_Decision_-_Singh_I1_for_WEB.pdf:The panel considered whether, even in the absence of any direct evidence, sexual ./OFFICIAL_SENSITIVE_-_SoS_Decision_-_Singh_I1_for_WEB.pdf-motivation should be inferred from all the circumstances of the case. The panel had in mind ./OFFICIAL_SENSITIVE_-_SoS_Decision_-_Singh_I1_for_WEB.pdf-the evidence of the teacher’s character and considered whether such evidence had any ./OFFICIAL_SENSITIVE_-_SoS_Decision_-_Singh_I1_for_WEB.pdf-bearing on the teacher’s credibility or propensity to have carried out the alleged facts or to ./OFFICIAL_SENSITIVE_-_SoS_Decision_-_Singh_I1_for_WEB.pdf-the circumstances in which the teacher found himself. ./OFFICIAL_SENSITIVE_-_SoS_Decision_-_Singh_I1_for_WEB.pdf- ./OFFICIAL_SENSITIVE_-_SoS_Decision_-_Singh_I1_for_WEB.pdf- 9 ./OFFICIAL_SENSITIVE_-_SoS_Decision_-_Singh_I1_for_WEB.pdf- -- ./OFFICIAL_SENSITIVE_-_SoS_Decision_-_Singh_I1_for_WEB.pdf-The panel carefully considered the actions found proven at allegation 1. ./OFFICIAL_SENSITIVE_-_SoS_Decision_-_Singh_I1_for_WEB.pdf- ./OFFICIAL_SENSITIVE_-_SoS_Decision_-_Singh_I1_for_WEB.pdf-The panel considered that kissing and hugging Pupil A, Pupil B and Pupil C was proven ./OFFICIAL_SENSITIVE_-_SoS_Decision_-_Singh_I1_for_WEB.pdf:and sexual motivation was more likely than not to have been Mr Singh’s motivation in ./OFFICIAL_SENSITIVE_-_SoS_Decision_-_Singh_I1_for_WEB.pdf-respect of allegations 1.a. and 1.b. ./OFFICIAL_SENSITIVE_-_SoS_Decision_-_Singh_I1_for_WEB.pdf- ./OFFICIAL_SENSITIVE_-_SoS_Decision_-_Singh_I1_for_WEB.pdf:The panel did not consider that sexual motivation was proven in relation to allegation 1.c. ./OFFICIAL_SENSITIVE_-_SoS_Decision_-_Singh_I1_for_WEB.pdf- ./OFFICIAL_SENSITIVE_-_SoS_Decision_-_Singh_I1_for_WEB.pdf-Findings as to unacceptable professional conduct and/or conduct that ./OFFICIAL_SENSITIVE_-_SoS_Decision_-_Singh_I1_for_WEB.pdf-may bring the profession into disrepute ./OFFICIAL_SENSITIVE_-_SoS_Decision_-_Singh_I1_for_WEB.pdf-Having found the allegations to have been proven, the panel has gone on to consider ./OFFICIAL_SENSITIVE_-_SoS_Decision_-_Singh_I1_for_WEB.pdf-whether the facts of those proven allegations amount to unacceptable professional ./OFFICIAL_SENSITIVE_-_SoS_Decision_-_Singh_I1_for_WEB.pdf-conduct and/or conduct that may bring the profession into disrepute. ./OFFICIAL_SENSITIVE_-_SoS_Decision_-_Singh_I1_for_WEB.pdf- ./OFFICIAL_SENSITIVE_-_SoS_Decision_-_Singh_I1_for_WEB.pdf-In doing so, the panel has had regard to the document Teacher Misconduct: The ./OFFICIAL_SENSITIVE_-_SoS_Decision_-_Singh_I1_for_WEB.pdf-Prohibition of Teachers, which the panel refers to as “the Advice”. ./OFFICIAL_SENSITIVE_-_SoS_Decision_-_Singh_I1_for_WEB.pdf- -- ./OFFICIAL_SENSITIVE_-_SoS_Decision_-_Singh_I1_for_WEB.pdf-Singh. The panel took further account of the Advice, which suggests that a prohibition ./OFFICIAL_SENSITIVE_-_SoS_Decision_-_Singh_I1_for_WEB.pdf-order may be appropriate if certain behaviours of a teacher have been proven. In the list ./OFFICIAL_SENSITIVE_-_SoS_Decision_-_Singh_I1_for_WEB.pdf-of such behaviours, those that are relevant in this case are: ./OFFICIAL_SENSITIVE_-_SoS_Decision_-_Singh_I1_for_WEB.pdf- ./OFFICIAL_SENSITIVE_-_SoS_Decision_-_Singh_I1_for_WEB.pdf-  serious departure from the personal and professional conduct elements of the ./OFFICIAL_SENSITIVE_-_SoS_Decision_-_Singh_I1_for_WEB.pdf- Teachers’ Standards ./OFFICIAL_SENSITIVE_-_SoS_Decision_-_Singh_I1_for_WEB.pdf-  misconduct seriously affecting the education and/or well-being of pupils, and ./OFFICIAL_SENSITIVE_-_SoS_Decision_-_Singh_I1_for_WEB.pdf- particularly where there is a continuing risk ./OFFICIAL_SENSITIVE_-_SoS_Decision_-_Singh_I1_for_WEB.pdf-  abuse of position or trust (particularly involving vulnerable pupils) or violation of the ./OFFICIAL_SENSITIVE_-_SoS_Decision_-_Singh_I1_for_WEB.pdf- rights of pupils ./OFFICIAL_SENSITIVE_-_SoS_Decision_-_Singh_I1_for_WEB.pdf:  sexual misconduct, e.g. involving actions that were sexually motivated or of a ./OFFICIAL_SENSITIVE_-_SoS_Decision_-_Singh_I1_for_WEB.pdf: sexual nature and/or that use or exploit the trust, knowledge or influence derived ./OFFICIAL_SENSITIVE_-_SoS_Decision_-_Singh_I1_for_WEB.pdf- from the individual’s professional position ./OFFICIAL_SENSITIVE_-_SoS_Decision_-_Singh_I1_for_WEB.pdf-Even though there were behaviours that would point to a prohibition order being ./OFFICIAL_SENSITIVE_-_SoS_Decision_-_Singh_I1_for_WEB.pdf-appropriate, the panel went on to consider whether or not there were sufficient mitigating ./OFFICIAL_SENSITIVE_-_SoS_Decision_-_Singh_I1_for_WEB.pdf-factors to militate against a prohibition order being an appropriate and proportionate ./OFFICIAL_SENSITIVE_-_SoS_Decision_-_Singh_I1_for_WEB.pdf-measure to impose, particularly taking into account the nature and severity of the ./OFFICIAL_SENSITIVE_-_SoS_Decision_-_Singh_I1_for_WEB.pdf-behaviour in this case. ./OFFICIAL_SENSITIVE_-_SoS_Decision_-_Singh_I1_for_WEB.pdf- ./OFFICIAL_SENSITIVE_-_SoS_Decision_-_Singh_I1_for_WEB.pdf-The panel considered that Mr Singh’s actions were deliberate and were not carried out ./OFFICIAL_SENSITIVE_-_SoS_Decision_-_Singh_I1_for_WEB.pdf-under duress. The panel acknowledged that Mr Singh was going through some ./OFFICIAL_SENSITIVE_-_SoS_Decision_-_Singh_I1_for_WEB.pdf-difficulties in his personal life at the time of the allegations. The panel was provided with -- ./OFFICIAL_SENSITIVE_-_SoS_Decision_-_Singh_I1_for_WEB.pdf-prohibition order should be imposed with immediate effect. ./OFFICIAL_SENSITIVE_-_SoS_Decision_-_Singh_I1_for_WEB.pdf- ./OFFICIAL_SENSITIVE_-_SoS_Decision_-_Singh_I1_for_WEB.pdf-The panel went on to consider whether or not it would be appropriate for it to decide to ./OFFICIAL_SENSITIVE_-_SoS_Decision_-_Singh_I1_for_WEB.pdf-recommend that a review period of the order should be considered. The panel was ./OFFICIAL_SENSITIVE_-_SoS_Decision_-_Singh_I1_for_WEB.pdf-mindful that the Advice advises that a prohibition order applies for life, but there may be ./OFFICIAL_SENSITIVE_-_SoS_Decision_-_Singh_I1_for_WEB.pdf-circumstances in any given case that may make it appropriate to allow a teacher to apply ./OFFICIAL_SENSITIVE_-_SoS_Decision_-_Singh_I1_for_WEB.pdf-to have the prohibition order reviewed after a specified period of time that may not be ./OFFICIAL_SENSITIVE_-_SoS_Decision_-_Singh_I1_for_WEB.pdf-less than 2 years. ./OFFICIAL_SENSITIVE_-_SoS_Decision_-_Singh_I1_for_WEB.pdf- ./OFFICIAL_SENSITIVE_-_SoS_Decision_-_Singh_I1_for_WEB.pdf-The Advice indicates that there are behaviours that, if proven, would militate against a ./OFFICIAL_SENSITIVE_-_SoS_Decision_-_Singh_I1_for_WEB.pdf:review period being recommended. These behaviours include serious sexual ./OFFICIAL_SENSITIVE_-_SoS_Decision_-_Singh_I1_for_WEB.pdf:misconduct, e.g. where the act was sexually motivated and resulted in or had the ./OFFICIAL_SENSITIVE_-_SoS_Decision_-_Singh_I1_for_WEB.pdf-potential to result in, harm to a person or persons, particularly where the individual has ./OFFICIAL_SENSITIVE_-_SoS_Decision_-_Singh_I1_for_WEB.pdf-used their professional position to influence or exploit a person or persons. The panel ./OFFICIAL_SENSITIVE_-_SoS_Decision_-_Singh_I1_for_WEB.pdf-has found that Mr Singh has been responsible for causing significant distress to three ./OFFICIAL_SENSITIVE_-_SoS_Decision_-_Singh_I1_for_WEB.pdf-pupils as a result of his inappropriate contact with them. ./OFFICIAL_SENSITIVE_-_SoS_Decision_-_Singh_I1_for_WEB.pdf- ./OFFICIAL_SENSITIVE_-_SoS_Decision_-_Singh_I1_for_WEB.pdf-Mr Singh acknowledged an incident with Pupil C in which he “blessed” her, and that this ./OFFICIAL_SENSITIVE_-_SoS_Decision_-_Singh_I1_for_WEB.pdf-involved touching Pupil C. Mr Singh denied the remainder of the allegations. The panel ./OFFICIAL_SENSITIVE_-_SoS_Decision_-_Singh_I1_for_WEB.pdf-therefore found that Mr Singh had demonstrated no insight into the effect of his actions ./OFFICIAL_SENSITIVE_-_SoS_Decision_-_Singh_I1_for_WEB.pdf-on the three pupils. ./OFFICIAL_SENSITIVE_-_SoS_Decision_-_Singh_I1_for_WEB.pdf- -- ./OFFICIAL_SENSITIVE_-_SoS_Decision_-_Singh_I1_for_WEB.pdf-In considering this case, I have also given very careful attention to the Advice that the ./OFFICIAL_SENSITIVE_-_SoS_Decision_-_Singh_I1_for_WEB.pdf-Secretary of State has published concerning the prohibition of teachers. ./OFFICIAL_SENSITIVE_-_SoS_Decision_-_Singh_I1_for_WEB.pdf- ./OFFICIAL_SENSITIVE_-_SoS_Decision_-_Singh_I1_for_WEB.pdf-In this case, the panel has found the majority of the allegations proven and found that, ./OFFICIAL_SENSITIVE_-_SoS_Decision_-_Singh_I1_for_WEB.pdf:apart from the allegation relating to sexual misconduct in respect of allegation (c), that ./OFFICIAL_SENSITIVE_-_SoS_Decision_-_Singh_I1_for_WEB.pdf-those proven facts amount to unacceptable professional conduct and conduct that may ./OFFICIAL_SENSITIVE_-_SoS_Decision_-_Singh_I1_for_WEB.pdf-bring the profession into disrepute. I have put the matter at allegation (c) that was not ./OFFICIAL_SENSITIVE_-_SoS_Decision_-_Singh_I1_for_WEB.pdf:found to be sexually motivated from my mind in considering this case. ./OFFICIAL_SENSITIVE_-_SoS_Decision_-_Singh_I1_for_WEB.pdf- ./OFFICIAL_SENSITIVE_-_SoS_Decision_-_Singh_I1_for_WEB.pdf-The panel has made a recommendation to the Secretary of State that Mr Singh should ./OFFICIAL_SENSITIVE_-_SoS_Decision_-_Singh_I1_for_WEB.pdf-be the subject of a prohibition order, with a review period of three years. ./OFFICIAL_SENSITIVE_-_SoS_Decision_-_Singh_I1_for_WEB.pdf- ./OFFICIAL_SENSITIVE_-_SoS_Decision_-_Singh_I1_for_WEB.pdf-In particular, the panel has found that Mr Singh is in breach of the following standards: ./OFFICIAL_SENSITIVE_-_SoS_Decision_-_Singh_I1_for_WEB.pdf- ./OFFICIAL_SENSITIVE_-_SoS_Decision_-_Singh_I1_for_WEB.pdf-  Teachers uphold public trust in the profession and maintain high standards of ./OFFICIAL_SENSITIVE_-_SoS_Decision_-_Singh_I1_for_WEB.pdf- ethics and behaviour, within and outside school, by ./OFFICIAL_SENSITIVE_-_SoS_Decision_-_Singh_I1_for_WEB.pdf- o treating pupils with dignity, building relationships rooted in mutual respect, and ./OFFICIAL_SENSITIVE_-_SoS_Decision_-_Singh_I1_for_WEB.pdf- at all times observing proper boundaries appropriate to a teacher’s ./OFFICIAL_SENSITIVE_-_SoS_Decision_-_Singh_I1_for_WEB.pdf- professional position ./OFFICIAL_SENSITIVE_-_SoS_Decision_-_Singh_I1_for_WEB.pdf- o having regard for the need to safeguard pupils’ well-being, in accordance with ./OFFICIAL_SENSITIVE_-_SoS_Decision_-_Singh_I1_for_WEB.pdf- statutory provisions ./OFFICIAL_SENSITIVE_-_SoS_Decision_-_Singh_I1_for_WEB.pdf-  Teachers must have proper and professional regard for the ethos, policies and ./OFFICIAL_SENSITIVE_-_SoS_Decision_-_Singh_I1_for_WEB.pdf- practices of the school in which they teach ./OFFICIAL_SENSITIVE_-_SoS_Decision_-_Singh_I1_for_WEB.pdf-The panel finds that the conduct of Mr Singh fell significantly short of the standards ./OFFICIAL_SENSITIVE_-_SoS_Decision_-_Singh_I1_for_WEB.pdf-expected of the profession. ./OFFICIAL_SENSITIVE_-_SoS_Decision_-_Singh_I1_for_WEB.pdf- ./OFFICIAL_SENSITIVE_-_SoS_Decision_-_Singh_I1_for_WEB.pdf:The findings of misconduct are particularly serious as they include a finding of sexual ./OFFICIAL_SENSITIVE_-_SoS_Decision_-_Singh_I1_for_WEB.pdf-misconduct. ./OFFICIAL_SENSITIVE_-_SoS_Decision_-_Singh_I1_for_WEB.pdf- ./OFFICIAL_SENSITIVE_-_SoS_Decision_-_Singh_I1_for_WEB.pdf-I have to determine whether the imposition of a prohibition order is proportionate and in ./OFFICIAL_SENSITIVE_-_SoS_Decision_-_Singh_I1_for_WEB.pdf-the public interest. In considering that for this case, I have considered the overall aim of a ./OFFICIAL_SENSITIVE_-_SoS_Decision_-_Singh_I1_for_WEB.pdf-prohibition order which is to protect pupils and to maintain public confidence in the ./OFFICIAL_SENSITIVE_-_SoS_Decision_-_Singh_I1_for_WEB.pdf-profession. I have considered the extent to which a prohibition order in this case would ./OFFICIAL_SENSITIVE_-_SoS_Decision_-_Singh_I1_for_WEB.pdf-achieve that aim taking into account the impact that it will have on the individual teacher. ./OFFICIAL_SENSITIVE_-_SoS_Decision_-_Singh_I1_for_WEB.pdf-I have also asked myself, whether a less intrusive measure, such as the published ./OFFICIAL_SENSITIVE_-_SoS_Decision_-_Singh_I1_for_WEB.pdf-finding of unacceptable professional conduct and conduct that may bring the profession ./OFFICIAL_SENSITIVE_-_SoS_Decision_-_Singh_I1_for_WEB.pdf-into disrepute, would itself be sufficient to achieve the overall aim. I have to consider -- ./OFFICIAL_SENSITIVE_-_SoS_Decision_-_Singh_I1_for_WEB.pdf- ./OFFICIAL_SENSITIVE_-_SoS_Decision_-_Singh_I1_for_WEB.pdf-In my judgement, the lack of insight means that there is some risk of the repetition of this ./OFFICIAL_SENSITIVE_-_SoS_Decision_-_Singh_I1_for_WEB.pdf-behaviour and this puts at risk the future well-being of pupils. I have therefore given this ./OFFICIAL_SENSITIVE_-_SoS_Decision_-_Singh_I1_for_WEB.pdf-element considerable weight in reaching my decision. ./OFFICIAL_SENSITIVE_-_SoS_Decision_-_Singh_I1_for_WEB.pdf- ./OFFICIAL_SENSITIVE_-_SoS_Decision_-_Singh_I1_for_WEB.pdf-I have gone on to consider the extent to which a prohibition order would maintain public ./OFFICIAL_SENSITIVE_-_SoS_Decision_-_Singh_I1_for_WEB.pdf-confidence in the profession. The panel observe that it has, “ has taken account of the ./OFFICIAL_SENSITIVE_-_SoS_Decision_-_Singh_I1_for_WEB.pdf-uniquely influential role that teachers can hold in pupils’ lives and that pupils must be able ./OFFICIAL_SENSITIVE_-_SoS_Decision_-_Singh_I1_for_WEB.pdf-to view teachers as role models in the way they behave.” ./OFFICIAL_SENSITIVE_-_SoS_Decision_-_Singh_I1_for_WEB.pdf- ./OFFICIAL_SENSITIVE_-_SoS_Decision_-_Singh_I1_for_WEB.pdf:I am particularly mindful of the finding of sexual misconduct in this case and the impact ./OFFICIAL_SENSITIVE_-_SoS_Decision_-_Singh_I1_for_WEB.pdf-that such a finding has on the reputation of the profession. ./OFFICIAL_SENSITIVE_-_SoS_Decision_-_Singh_I1_for_WEB.pdf- ./OFFICIAL_SENSITIVE_-_SoS_Decision_-_Singh_I1_for_WEB.pdf-I have had to consider that the public has a high expectation of professional standards of ./OFFICIAL_SENSITIVE_-_SoS_Decision_-_Singh_I1_for_WEB.pdf-all teachers and that the public might regard a failure to impose a prohibition order as a ./OFFICIAL_SENSITIVE_-_SoS_Decision_-_Singh_I1_for_WEB.pdf-failure to uphold those high standards. In weighing these considerations, I have had to ./OFFICIAL_SENSITIVE_-_SoS_Decision_-_Singh_I1_for_WEB.pdf-consider the matter from the point of view of an “ordinary intelligent and well-informed ./OFFICIAL_SENSITIVE_-_SoS_Decision_-_Singh_I1_for_WEB.pdf-citizen.” ./OFFICIAL_SENSITIVE_-_SoS_Decision_-_Singh_I1_for_WEB.pdf- ./OFFICIAL_SENSITIVE_-_SoS_Decision_-_Singh_I1_for_WEB.pdf-I have considered whether the publication of a finding of unacceptable professional ./OFFICIAL_SENSITIVE_-_SoS_Decision_-_Singh_I1_for_WEB.pdf-conduct, in the absence of a prohibition order, can itself be regarded by such a person as -- ./OFFICIAL_SENSITIVE_-_SoS_Decision_-_Singh_I1_for_WEB.pdf- - demonstrating insight into his actions and their impact on others; ./OFFICIAL_SENSITIVE_-_SoS_Decision_-_Singh_I1_for_WEB.pdf- ./OFFICIAL_SENSITIVE_-_SoS_Decision_-_Singh_I1_for_WEB.pdf- - understanding maintenance of appropriate boundaries; and ./OFFICIAL_SENSITIVE_-_SoS_Decision_-_Singh_I1_for_WEB.pdf- ./OFFICIAL_SENSITIVE_-_SoS_Decision_-_Singh_I1_for_WEB.pdf- - demonstrating an ability to adhere to policies and procedures. ./OFFICIAL_SENSITIVE_-_SoS_Decision_-_Singh_I1_for_WEB.pdf- ./OFFICIAL_SENSITIVE_-_SoS_Decision_-_Singh_I1_for_WEB.pdf-I have considered whether a 3 year review period reflects the seriousness of the findings ./OFFICIAL_SENSITIVE_-_SoS_Decision_-_Singh_I1_for_WEB.pdf-and is a proportionate period to achieve the aim of maintaining public confidence in the ./OFFICIAL_SENSITIVE_-_SoS_Decision_-_Singh_I1_for_WEB.pdf-profession. In this case, there are factors that mean that a two-year review period is not ./OFFICIAL_SENSITIVE_-_SoS_Decision_-_Singh_I1_for_WEB.pdf-sufficient to achieve the aim of maintaining public confidence in the profession. These ./OFFICIAL_SENSITIVE_-_SoS_Decision_-_Singh_I1_for_WEB.pdf:elements are the sexual misconduct found and the lack of insight. ./OFFICIAL_SENSITIVE_-_SoS_Decision_-_Singh_I1_for_WEB.pdf- ./OFFICIAL_SENSITIVE_-_SoS_Decision_-_Singh_I1_for_WEB.pdf-I consider therefore that a three year review period is required to satisfy the maintenance ./OFFICIAL_SENSITIVE_-_SoS_Decision_-_Singh_I1_for_WEB.pdf-of public confidence in the profession. ./OFFICIAL_SENSITIVE_-_SoS_Decision_-_Singh_I1_for_WEB.pdf- ./OFFICIAL_SENSITIVE_-_SoS_Decision_-_Singh_I1_for_WEB.pdf-This means that Mr Inderjit Singh is prohibited from teaching indefinitely and ./OFFICIAL_SENSITIVE_-_SoS_Decision_-_Singh_I1_for_WEB.pdf-cannot teach in any school, sixth form college, relevant youth accommodation or ./OFFICIAL_SENSITIVE_-_SoS_Decision_-_Singh_I1_for_WEB.pdf-children’s home in England. He may apply for the prohibition order to be set aside, but ./OFFICIAL_SENSITIVE_-_SoS_Decision_-_Singh_I1_for_WEB.pdf-not until 14 December 2021, 3 years from the date of this order at the earliest. This is not an automatic ./OFFICIAL_SENSITIVE_-_SoS_Decision_-_Singh_I1_for_WEB.pdf-right to have the prohibition order removed. If he does apply, a panel will meet to ./OFFICIAL_SENSITIVE_-_SoS_Decision_-_Singh_I1_for_WEB.pdf-consider whether the prohibition order should be set aside. Without a successful ./OFFICIAL_SENSITIVE_-_SOS_WEB_Decision_Brockett__Keasha.pdf-profession into disrepute. ./OFFICIAL_SENSITIVE_-_SOS_WEB_Decision_Brockett__Keasha.pdf- ./OFFICIAL_SENSITIVE_-_SOS_WEB_Decision_Brockett__Keasha.pdf-During the course of the hearing, Ms Brockett also admitted allegation 1.b.iii as ./OFFICIAL_SENSITIVE_-_SOS_WEB_Decision_Brockett__Keasha.pdf-amended. ./OFFICIAL_SENSITIVE_-_SOS_WEB_Decision_Brockett__Keasha.pdf- ./OFFICIAL_SENSITIVE_-_SOS_WEB_Decision_Brockett__Keasha.pdf-Ms Brockett denied the remaining allegations. ./OFFICIAL_SENSITIVE_-_SOS_WEB_Decision_Brockett__Keasha.pdf- ./OFFICIAL_SENSITIVE_-_SOS_WEB_Decision_Brockett__Keasha.pdf- ./OFFICIAL_SENSITIVE_-_SOS_WEB_Decision_Brockett__Keasha.pdf-Preliminary applications ./OFFICIAL_SENSITIVE_-_SOS_WEB_Decision_Brockett__Keasha.pdf-At the outset, the panel considered whether there was sufficient information to warrant ./OFFICIAL_SENSITIVE_-_SOS_WEB_Decision_Brockett__Keasha.pdf:the inclusion of an allegation of sexual motivation. On behalf of the TRA, the presenting ./OFFICIAL_SENSITIVE_-_SOS_WEB_Decision_Brockett__Keasha.pdf:officer submitted that there was no allegation of sexual motivation and it did not form part ./OFFICIAL_SENSITIVE_-_SOS_WEB_Decision_Brockett__Keasha.pdf-of the TRA’s case. The panel accepted this. ./OFFICIAL_SENSITIVE_-_SOS_WEB_Decision_Brockett__Keasha.pdf- ./OFFICIAL_SENSITIVE_-_SOS_WEB_Decision_Brockett__Keasha.pdf-Amending the allegations ./OFFICIAL_SENSITIVE_-_SOS_WEB_Decision_Brockett__Keasha.pdf- ./OFFICIAL_SENSITIVE_-_SOS_WEB_Decision_Brockett__Keasha.pdf-An application was made by the presenting officer to amend the notice of proceedings by ./OFFICIAL_SENSITIVE_-_SOS_WEB_Decision_Brockett__Keasha.pdf-amending the stem of the allegations to state “You are guilty of unacceptable ./OFFICIAL_SENSITIVE_-_SOS_WEB_Decision_Brockett__Keasha.pdf-professional conduct and/or conduct that may bring the profession into disrepute in that ./OFFICIAL_SENSITIVE_-_SOS_WEB_Decision_Brockett__Keasha.pdf-whilst employed as Head of Performing Arts at the Ark Walworth Academy:”. ./OFFICIAL_SENSITIVE_-_SOS_WEB_Decision_Brockett__Keasha.pdf- ./OFFICIAL_SENSITIVE_-_SOS_WEB_Decision_Brockett__Keasha.pdf-The panel considered the representations by the presenting officer and by the teacher’s ./OFFICIAL_SENSITIVE_-_S_of_S_decision-_Andrew_Crozier.pdf-Allegations ./OFFICIAL_SENSITIVE_-_S_of_S_decision-_Andrew_Crozier.pdf-The panel considered the allegation set out in the notice of meeting dated 28 September ./OFFICIAL_SENSITIVE_-_S_of_S_decision-_Andrew_Crozier.pdf-2021. ./OFFICIAL_SENSITIVE_-_S_of_S_decision-_Andrew_Crozier.pdf- ./OFFICIAL_SENSITIVE_-_S_of_S_decision-_Andrew_Crozier.pdf-It was alleged that Mr Andrew Crozier was guilty of having been convicted of a relevant ./OFFICIAL_SENSITIVE_-_S_of_S_decision-_Andrew_Crozier.pdf-offence, in that: ./OFFICIAL_SENSITIVE_-_S_of_S_decision-_Andrew_Crozier.pdf- ./OFFICIAL_SENSITIVE_-_S_of_S_decision-_Andrew_Crozier.pdf: 1. On or around 22 January 2020 he was convicted of engaging in sexual ./OFFICIAL_SENSITIVE_-_S_of_S_decision-_Andrew_Crozier.pdf- communications with a child, contrary to the Sexual Offences Act 2003, s.15A(1) ./OFFICIAL_SENSITIVE_-_S_of_S_decision-_Andrew_Crozier.pdf-Mr Crozier admitted the facts of the allegation and conviction of a relevant offence. ./OFFICIAL_SENSITIVE_-_S_of_S_decision-_Andrew_Crozier.pdf- ./OFFICIAL_SENSITIVE_-_S_of_S_decision-_Andrew_Crozier.pdf- ./OFFICIAL_SENSITIVE_-_S_of_S_decision-_Andrew_Crozier.pdf-Preliminary applications ./OFFICIAL_SENSITIVE_-_S_of_S_decision-_Andrew_Crozier.pdf-The teacher’s representative has applied for the Secretary of State’s decision to not be ./OFFICIAL_SENSITIVE_-_S_of_S_decision-_Andrew_Crozier.pdf-published in the public domain. The panel noted that, in announcing its decision in public, ./OFFICIAL_SENSITIVE_-_S_of_S_decision-_Andrew_Crozier.pdf-it would usurp the decision to be made in due course by the Secretary of State. The ./OFFICIAL_SENSITIVE_-_S_of_S_decision-_Andrew_Crozier.pdf-panel considered whether to announce its decision in public. ./OFFICIAL_SENSITIVE_-_S_of_S_decision-_Andrew_Crozier.pdf- -- ./OFFICIAL_SENSITIVE_-_S_of_S_decision-_Andrew_Crozier.pdf-in this case. ./OFFICIAL_SENSITIVE_-_S_of_S_decision-_Andrew_Crozier.pdf- ./OFFICIAL_SENSITIVE_-_S_of_S_decision-_Andrew_Crozier.pdf-Mr Crozier had been employed at [REDACTED] (“the School”) as Inclusion Manager ./OFFICIAL_SENSITIVE_-_S_of_S_decision-_Andrew_Crozier.pdf-[REDACTED]. He had previously worked at the School as a cover supervisor. ./OFFICIAL_SENSITIVE_-_S_of_S_decision-_Andrew_Crozier.pdf-[REDACTED], Pupil A’s mother was informed by Pupil A that she had a crush on Mr ./OFFICIAL_SENSITIVE_-_S_of_S_decision-_Andrew_Crozier.pdf-Crozier and was deliberately getting herself into trouble so that she could be placed into ./OFFICIAL_SENSITIVE_-_S_of_S_decision-_Andrew_Crozier.pdf-isolation to see Mr Crozier. Pupil A had contacted Mr Crozier by email, and he had asked ./OFFICIAL_SENSITIVE_-_S_of_S_decision-_Andrew_Crozier.pdf-for the conversation to be moved to Snapchat. Mr Crozier subsequently blocked Pupil A ./OFFICIAL_SENSITIVE_-_S_of_S_decision-_Andrew_Crozier.pdf-on Snapchat. The School was informed by Pupil A’s mother of Pupil A’s crush on Mr ./OFFICIAL_SENSITIVE_-_S_of_S_decision-_Andrew_Crozier.pdf-Crozier and safeguarding measures were put in place. [REDACTED], Mr Crozier ./OFFICIAL_SENSITIVE_-_S_of_S_decision-_Andrew_Crozier.pdf:unblocked Pupil A on Snapchat and messages of a sexual nature were exchanged. Pupil ./OFFICIAL_SENSITIVE_-_S_of_S_decision-_Andrew_Crozier.pdf-A had taken photographs of these messages. Pupil A’s mother obtained access to these ./OFFICIAL_SENSITIVE_-_S_of_S_decision-_Andrew_Crozier.pdf-photographs and informed the School and police. Mr Crozier accepted sending the ./OFFICIAL_SENSITIVE_-_S_of_S_decision-_Andrew_Crozier.pdf-messages. ./OFFICIAL_SENSITIVE_-_S_of_S_decision-_Andrew_Crozier.pdf- ./OFFICIAL_SENSITIVE_-_S_of_S_decision-_Andrew_Crozier.pdf-Findings of fact ./OFFICIAL_SENSITIVE_-_S_of_S_decision-_Andrew_Crozier.pdf- ./OFFICIAL_SENSITIVE_-_S_of_S_decision-_Andrew_Crozier.pdf-The findings of fact are as follows: ./OFFICIAL_SENSITIVE_-_S_of_S_decision-_Andrew_Crozier.pdf- ./OFFICIAL_SENSITIVE_-_S_of_S_decision-_Andrew_Crozier.pdf-The panel found the following particulars of the allegation against you proved, for these ./OFFICIAL_SENSITIVE_-_S_of_S_decision-_Andrew_Crozier.pdf-reasons: ./OFFICIAL_SENSITIVE_-_S_of_S_decision-_Andrew_Crozier.pdf- ./OFFICIAL_SENSITIVE_-_S_of_S_decision-_Andrew_Crozier.pdf-You have been convicted of a relevant offence at any time in that: ./OFFICIAL_SENSITIVE_-_S_of_S_decision-_Andrew_Crozier.pdf- ./OFFICIAL_SENSITIVE_-_S_of_S_decision-_Andrew_Crozier.pdf: 1. On or around 22 January 2020 you were convicted of engaging in sexual ./OFFICIAL_SENSITIVE_-_S_of_S_decision-_Andrew_Crozier.pdf- communications with a child, contrary to the Sexual Offences Act 2003, ./OFFICIAL_SENSITIVE_-_S_of_S_decision-_Andrew_Crozier.pdf- s.15A(1) ./OFFICIAL_SENSITIVE_-_S_of_S_decision-_Andrew_Crozier.pdf- ./OFFICIAL_SENSITIVE_-_S_of_S_decision-_Andrew_Crozier.pdf-The panel noted the Certified Copy of the Memorandum of an Entry entered into the ./OFFICIAL_SENSITIVE_-_S_of_S_decision-_Andrew_Crozier.pdf-Register of the North Northumbria Magistrates’ Court which confirmed that the teacher ./OFFICIAL_SENSITIVE_-_S_of_S_decision-_Andrew_Crozier.pdf-had been convicted of the offence. ./OFFICIAL_SENSITIVE_-_S_of_S_decision-_Andrew_Crozier.pdf- ./OFFICIAL_SENSITIVE_-_S_of_S_decision-_Andrew_Crozier.pdf-Mr Crozier admitted the allegation. ./OFFICIAL_SENSITIVE_-_S_of_S_decision-_Andrew_Crozier.pdf- ./OFFICIAL_SENSITIVE_-_S_of_S_decision-_Andrew_Crozier.pdf-The panel found this allegation to be proven. -- ./OFFICIAL_SENSITIVE_-_S_of_S_decision-_Andrew_Crozier.pdf-have had an impact on the safety and security of pupils. ./OFFICIAL_SENSITIVE_-_S_of_S_decision-_Andrew_Crozier.pdf- ./OFFICIAL_SENSITIVE_-_S_of_S_decision-_Andrew_Crozier.pdf-The panel also took account of the way the teaching profession is viewed by others. The ./OFFICIAL_SENSITIVE_-_S_of_S_decision-_Andrew_Crozier.pdf-panel considered that the teacher’s behaviour in committing the offence could affect ./OFFICIAL_SENSITIVE_-_S_of_S_decision-_Andrew_Crozier.pdf-public confidence in the teaching profession, given the influence that teachers may have ./OFFICIAL_SENSITIVE_-_S_of_S_decision-_Andrew_Crozier.pdf-on pupils, parents and others in the community. ./OFFICIAL_SENSITIVE_-_S_of_S_decision-_Andrew_Crozier.pdf- ./OFFICIAL_SENSITIVE_-_S_of_S_decision-_Andrew_Crozier.pdf-The panel noted that Mr Crozier’s behaviour ultimately led to a sentence of ./OFFICIAL_SENSITIVE_-_S_of_S_decision-_Andrew_Crozier.pdf-imprisonment, which was indicative of the seriousness of the offence committed. ./OFFICIAL_SENSITIVE_-_S_of_S_decision-_Andrew_Crozier.pdf- ./OFFICIAL_SENSITIVE_-_S_of_S_decision-_Andrew_Crozier.pdf:This was a case involving an offence of sexual activity, the Teacher Misconduct: The ./OFFICIAL_SENSITIVE_-_S_of_S_decision-_Andrew_Crozier.pdf-Prohibition of Teachers, referred to as 'the Advice'. states is likely to be considered a ./OFFICIAL_SENSITIVE_-_S_of_S_decision-_Andrew_Crozier.pdf:relevant offence. Mr Crozier had exchanged messages of a sexual nature with Pupil A. ./OFFICIAL_SENSITIVE_-_S_of_S_decision-_Andrew_Crozier.pdf- ./OFFICIAL_SENSITIVE_-_S_of_S_decision-_Andrew_Crozier.pdf-The panel took into account the written references, produced at the time that Mr Crozier ./OFFICIAL_SENSITIVE_-_S_of_S_decision-_Andrew_Crozier.pdf-was applying for jobs at the School, attesting to Mr Crozier’s previous good record as a ./OFFICIAL_SENSITIVE_-_S_of_S_decision-_Andrew_Crozier.pdf-teacher. [REDACTED]. ./OFFICIAL_SENSITIVE_-_S_of_S_decision-_Andrew_Crozier.pdf- ./OFFICIAL_SENSITIVE_-_S_of_S_decision-_Andrew_Crozier.pdf-Although the panel found that the evidence of Mr Crozier’s teaching proficiency to not be ./OFFICIAL_SENSITIVE_-_S_of_S_decision-_Andrew_Crozier.pdf-in question, the panel also found that the seriousness of the offending behaviour that led ./OFFICIAL_SENSITIVE_-_S_of_S_decision-_Andrew_Crozier.pdf-to the conviction was relevant to Mr Crozier’s ongoing suitability to teach. The panel ./OFFICIAL_SENSITIVE_-_S_of_S_decision-_Andrew_Crozier.pdf-considered that a finding that this conviction was for a relevant offence was necessary to ./OFFICIAL_SENSITIVE_-_S_of_S_decision-_Andrew_Crozier.pdf-reaffirm clear standards of conduct so as to maintain public confidence in the teaching -- ./OFFICIAL_SENSITIVE_-_S_of_S_decision-_Andrew_Crozier.pdf: • sexual misconduct, for example, involving actions that were sexually motivated or ./OFFICIAL_SENSITIVE_-_S_of_S_decision-_Andrew_Crozier.pdf: of a sexual nature and/or that use or exploit the trust, knowledge or influencederived ./OFFICIAL_SENSITIVE_-_S_of_S_decision-_Andrew_Crozier.pdf- from the individual’s professional position; ./OFFICIAL_SENSITIVE_-_S_of_S_decision-_Andrew_Crozier.pdf- ./OFFICIAL_SENSITIVE_-_S_of_S_decision-_Andrew_Crozier.pdf- • the commission of a serious criminal offence, including those that resulted in a ./OFFICIAL_SENSITIVE_-_S_of_S_decision-_Andrew_Crozier.pdf- conviction or caution, paying particular attention to offences that are ‘relevant ./OFFICIAL_SENSITIVE_-_S_of_S_decision-_Andrew_Crozier.pdf- matters’ for the purposes of The Police Act 1997 and criminal record disclosures. ./OFFICIAL_SENSITIVE_-_S_of_S_decision-_Andrew_Crozier.pdf- ./OFFICIAL_SENSITIVE_-_S_of_S_decision-_Andrew_Crozier.pdf-Even though some of the behaviour found proved in this case indicated that a prohibition ./OFFICIAL_SENSITIVE_-_S_of_S_decision-_Andrew_Crozier.pdf-order would be appropriate, the panel went on to consider the mitigating factors. ./OFFICIAL_SENSITIVE_-_S_of_S_decision-_Andrew_Crozier.pdf-Mitigating factors may indicate that a prohibition order would not be appropriate or ./OFFICIAL_SENSITIVE_-_S_of_S_decision-_Andrew_Crozier.pdf-proportionate. -- ./OFFICIAL_SENSITIVE_-_S_of_S_decision-_Andrew_Crozier.pdf:Crozier. The sexual nature of Mr Crozier’s communication with Pupil A was a significant ./OFFICIAL_SENSITIVE_-_S_of_S_decision-_Andrew_Crozier.pdf-factor in forming that opinion. Accordingly, the panel made a recommendation to the ./OFFICIAL_SENSITIVE_-_S_of_S_decision-_Andrew_Crozier.pdf-Secretary of State that a prohibition order should be imposed with immediate effect. ./OFFICIAL_SENSITIVE_-_S_of_S_decision-_Andrew_Crozier.pdf- ./OFFICIAL_SENSITIVE_-_S_of_S_decision-_Andrew_Crozier.pdf-The panel went on to consider whether or not it would be appropriate to recommend that ./OFFICIAL_SENSITIVE_-_S_of_S_decision-_Andrew_Crozier.pdf-a review period of the order should be considered. The panel was mindful that the Advice ./OFFICIAL_SENSITIVE_-_S_of_S_decision-_Andrew_Crozier.pdf-states that a prohibition order applies for life, but there may be circumstances, in any ./OFFICIAL_SENSITIVE_-_S_of_S_decision-_Andrew_Crozier.pdf-given case, that may make it appropriate to allow a teacher to apply to have the ./OFFICIAL_SENSITIVE_-_S_of_S_decision-_Andrew_Crozier.pdf-prohibition order reviewed after a specified period of time that may not be less than 2 ./OFFICIAL_SENSITIVE_-_S_of_S_decision-_Andrew_Crozier.pdf-years. ./OFFICIAL_SENSITIVE_-_S_of_S_decision-_Andrew_Crozier.pdf- ./OFFICIAL_SENSITIVE_-_S_of_S_decision-_Andrew_Crozier.pdf-The Advice indicates that there are behaviours that, if proved, would militate against the ./OFFICIAL_SENSITIVE_-_S_of_S_decision-_Andrew_Crozier.pdf:recommendation of a review period. One of these behaviours includes serious sexual ./OFFICIAL_SENSITIVE_-_S_of_S_decision-_Andrew_Crozier.pdf:misconduct, such as where the act was sexually motivated and resulted in or had the ./OFFICIAL_SENSITIVE_-_S_of_S_decision-_Andrew_Crozier.pdf-potential to result in, harm to a person or persons, particularly where the individual has ./OFFICIAL_SENSITIVE_-_S_of_S_decision-_Andrew_Crozier.pdf-used his professional position to influence or exploit a person or persons. The panel ./OFFICIAL_SENSITIVE_-_S_of_S_decision-_Andrew_Crozier.pdf-found that Mr Crozier was responsible for sending inappropriate communications to Pupil ./OFFICIAL_SENSITIVE_-_S_of_S_decision-_Andrew_Crozier.pdf:A which were of a sexual nature. ./OFFICIAL_SENSITIVE_-_S_of_S_decision-_Andrew_Crozier.pdf- ./OFFICIAL_SENSITIVE_-_S_of_S_decision-_Andrew_Crozier.pdf-The panel had sight of a letter from Mr Crozier’s probation officer, which stated that Mr ./OFFICIAL_SENSITIVE_-_S_of_S_decision-_Andrew_Crozier.pdf-Crozier had completed offence focused work to reduce his risk of reoffending and had ./OFFICIAL_SENSITIVE_-_S_of_S_decision-_Andrew_Crozier.pdf-‘developed considerable insight into his offending behaviour and has robust risk ./OFFICIAL_SENSITIVE_-_S_of_S_decision-_Andrew_Crozier.pdf-management strategies in place’. He was described as ‘posing a low risk of reconviction’. ./OFFICIAL_SENSITIVE_-_S_of_S_decision-_Andrew_Crozier.pdf- ./OFFICIAL_SENSITIVE_-_S_of_S_decision-_Andrew_Crozier.pdf-Notwithstanding this, the panel considered that the actions of Mr Crozier had harmed ./OFFICIAL_SENSITIVE_-_S_of_S_decision-_Andrew_Crozier.pdf-Pupil A, as described in a witness statement to the police by Pupil A’s mother, which ./OFFICIAL_SENSITIVE_-_S_of_S_decision-_Andrew_Crozier.pdf-detailed the impact Mr Crozier’s actions had on Pupil A’s wellbeing and relationships with ./OFFICIAL_SENSITIVE_-_S_of_S_decision-_Andrew_Crozier.pdf-family. The panel also considered this to be a serious criminal offence, in that Mr Crozier ./OFFICIAL_SENSITIVE_-_S_of_S_decision-_Andrew_Crozier.pdf-had been convicted of intentionally communicating with a person under the age of 16 ./OFFICIAL_SENSITIVE_-_S_of_S_decision-_Andrew_Crozier.pdf:years old for the purpose of obtaining sexual gratification. ./OFFICIAL_SENSITIVE_-_S_of_S_decision-_Andrew_Crozier.pdf- ./OFFICIAL_SENSITIVE_-_S_of_S_decision-_Andrew_Crozier.pdf-The panel decided that the findings indicated a situation in which a review period would ./OFFICIAL_SENSITIVE_-_S_of_S_decision-_Andrew_Crozier.pdf-not be appropriate and, as such, decided that it would be proportionate in all the ./OFFICIAL_SENSITIVE_-_S_of_S_decision-_Andrew_Crozier.pdf-circumstances for the prohibition order to be recommended without provisions for a ./OFFICIAL_SENSITIVE_-_S_of_S_decision-_Andrew_Crozier.pdf-review period. ./OFFICIAL_SENSITIVE_-_S_of_S_decision-_Andrew_Crozier.pdf- ./OFFICIAL_SENSITIVE_-_S_of_S_decision-_Andrew_Crozier.pdf- ./OFFICIAL_SENSITIVE_-_S_of_S_decision-_Andrew_Crozier.pdf-Decision and reasons on behalf of the Secretary of State ./OFFICIAL_SENSITIVE_-_S_of_S_decision-_Andrew_Crozier.pdf-I have given very careful consideration to this case and to the recommendation of the ./OFFICIAL_SENSITIVE_-_S_of_S_decision-_Andrew_Crozier.pdf-panel in respect of both sanction and review period. -- ./OFFICIAL_SENSITIVE_-_S_of_S_decision-_Andrew_Crozier.pdf- statutory provisions ./OFFICIAL_SENSITIVE_-_S_of_S_decision-_Andrew_Crozier.pdf- ./OFFICIAL_SENSITIVE_-_S_of_S_decision-_Andrew_Crozier.pdf- • Teachers must have proper and professional regard for the ethos, policies ./OFFICIAL_SENSITIVE_-_S_of_S_decision-_Andrew_Crozier.pdf- andpractices of the school in which they teach. ./OFFICIAL_SENSITIVE_-_S_of_S_decision-_Andrew_Crozier.pdf- ./OFFICIAL_SENSITIVE_-_S_of_S_decision-_Andrew_Crozier.pdf- • Teachers must have an understanding of, and always act within, the ./OFFICIAL_SENSITIVE_-_S_of_S_decision-_Andrew_Crozier.pdf- statutoryframeworks which set out their professional duties and ./OFFICIAL_SENSITIVE_-_S_of_S_decision-_Andrew_Crozier.pdf- responsibilities. ./OFFICIAL_SENSITIVE_-_S_of_S_decision-_Andrew_Crozier.pdf- ./OFFICIAL_SENSITIVE_-_S_of_S_decision-_Andrew_Crozier.pdf-The findings of misconduct are particularly serious as they include a finding of a relevant ./OFFICIAL_SENSITIVE_-_S_of_S_decision-_Andrew_Crozier.pdf:conviction of engaging in sexual offences with a child contrary to the Sexual Offences Act ./OFFICIAL_SENSITIVE_-_S_of_S_decision-_Andrew_Crozier.pdf-2003 s.15A(1). ./OFFICIAL_SENSITIVE_-_S_of_S_decision-_Andrew_Crozier.pdf- ./OFFICIAL_SENSITIVE_-_S_of_S_decision-_Andrew_Crozier.pdf-I have to determine whether the imposition of a prohibition order is proportionate and in ./OFFICIAL_SENSITIVE_-_S_of_S_decision-_Andrew_Crozier.pdf-the public interest. In considering that for this case, I have considered the overall aim of a ./OFFICIAL_SENSITIVE_-_S_of_S_decision-_Andrew_Crozier.pdf-prohibition order which is to protect pupils and to maintain public confidence in the ./OFFICIAL_SENSITIVE_-_S_of_S_decision-_Andrew_Crozier.pdf-profession. I have considered the extent to which a prohibition order in this case would ./OFFICIAL_SENSITIVE_-_S_of_S_decision-_Andrew_Crozier.pdf-achieve that aim taking into account the impact that it will have on the individual teacher. ./OFFICIAL_SENSITIVE_-_S_of_S_decision-_Andrew_Crozier.pdf-I have also asked myself, whether a less intrusive measure, such as the published ./OFFICIAL_SENSITIVE_-_S_of_S_decision-_Andrew_Crozier.pdf-finding of unacceptable professional conduct and conduct that may bring the profession ./OFFICIAL_SENSITIVE_-_S_of_S_decision-_Andrew_Crozier.pdf-into disrepute, would itself be sufficient to achieve the overall aim. I have to consider ./OFFICIAL_SENSITIVE_-_S_of_S_decision-_Andrew_Crozier.pdf-whether the consequences of such a publication are themselves sufficient. I have ./OFFICIAL_SENSITIVE_-_S_of_S_decision-_Andrew_Crozier.pdf-considered therefore whether or not prohibiting Mr Crozier, and the impact that will have ./OFFICIAL_SENSITIVE_-_S_of_S_decision-_Andrew_Crozier.pdf-on him, is proportionate and in the public interest. ./OFFICIAL_SENSITIVE_-_S_of_S_decision-_Andrew_Crozier.pdf- ./OFFICIAL_SENSITIVE_-_S_of_S_decision-_Andrew_Crozier.pdf-In this case, I have considered the extent to which a prohibition order would protect ./OFFICIAL_SENSITIVE_-_S_of_S_decision-_Andrew_Crozier.pdf-children. The panel has observed, “Mr Crozier had been convicted of intentionally ./OFFICIAL_SENSITIVE_-_S_of_S_decision-_Andrew_Crozier.pdf-communicating with a person under the age of 16 years old for the purpose of obtaining ./OFFICIAL_SENSITIVE_-_S_of_S_decision-_Andrew_Crozier.pdf:sexual gratification.” ./OFFICIAL_SENSITIVE_-_S_of_S_decision-_Andrew_Crozier.pdf- ./OFFICIAL_SENSITIVE_-_S_of_S_decision-_Andrew_Crozier.pdf-A prohibition order would therefore prevent such a risk from being present in the future. ./OFFICIAL_SENSITIVE_-_S_of_S_decision-_Andrew_Crozier.pdf- ./OFFICIAL_SENSITIVE_-_S_of_S_decision-_Andrew_Crozier.pdf- ./OFFICIAL_SENSITIVE_-_S_of_S_decision-_Andrew_Crozier.pdf- 11 ./OFFICIAL_SENSITIVE_-_S_of_S_decision-_Andrew_Crozier.pdf- -- ./OFFICIAL_SENSITIVE_-_S_of_S_decision-_Andrew_Crozier.pdf-panel sets out as follows, “The panel had sight of a letter from Mr Crozier’s probation ./OFFICIAL_SENSITIVE_-_S_of_S_decision-_Andrew_Crozier.pdf-officer, which stated that Mr Crozier had completed offence focused work to reduce his ./OFFICIAL_SENSITIVE_-_S_of_S_decision-_Andrew_Crozier.pdf-risk of reoffending and had ‘developed considerable insight into his offending behaviour ./OFFICIAL_SENSITIVE_-_S_of_S_decision-_Andrew_Crozier.pdf-and has robust risk management strategies in place’. He was described as ‘posing a low ./OFFICIAL_SENSITIVE_-_S_of_S_decision-_Andrew_Crozier.pdf-risk of reconviction’.” The panel also say, “Notwithstanding this, the panel considered ./OFFICIAL_SENSITIVE_-_S_of_S_decision-_Andrew_Crozier.pdf-that the actions of Mr Crozier had harmed Pupil A, as described in a witness statement to ./OFFICIAL_SENSITIVE_-_S_of_S_decision-_Andrew_Crozier.pdf-the police by Pupil A’s mother, which detailed the impact Mr Crozier’s actions had on ./OFFICIAL_SENSITIVE_-_S_of_S_decision-_Andrew_Crozier.pdf-Pupil A’s wellbeing and relationships with family. The panel also considered this to be a ./OFFICIAL_SENSITIVE_-_S_of_S_decision-_Andrew_Crozier.pdf-serious criminal offence, in that Mr Crozier had been convicted of intentionally ./OFFICIAL_SENSITIVE_-_S_of_S_decision-_Andrew_Crozier.pdf-communicating with a person under the age of 16 years old for the purpose of obtaining ./OFFICIAL_SENSITIVE_-_S_of_S_decision-_Andrew_Crozier.pdf:sexual gratification.” ./OFFICIAL_SENSITIVE_-_S_of_S_decision-_Andrew_Crozier.pdf- ./OFFICIAL_SENSITIVE_-_S_of_S_decision-_Andrew_Crozier.pdf-In my judgement, although Mr Crozier has evidenced some insight the serious nature of ./OFFICIAL_SENSITIVE_-_S_of_S_decision-_Andrew_Crozier.pdf-the conviction and the impact of the behaviour on the pupil and the pupil’s well-being and ./OFFICIAL_SENSITIVE_-_S_of_S_decision-_Andrew_Crozier.pdf-relationships with family outweighs that. I have therefore given this element considerable ./OFFICIAL_SENSITIVE_-_S_of_S_decision-_Andrew_Crozier.pdf-weight in reaching my overall decision. ./OFFICIAL_SENSITIVE_-_S_of_S_decision-_Andrew_Crozier.pdf- ./OFFICIAL_SENSITIVE_-_S_of_S_decision-_Andrew_Crozier.pdf-I have gone on to consider the extent to which a prohibition order would maintain public ./OFFICIAL_SENSITIVE_-_S_of_S_decision-_Andrew_Crozier.pdf-confidence in the profession. The panel observe that it, “also took account of the way the ./OFFICIAL_SENSITIVE_-_S_of_S_decision-_Andrew_Crozier.pdf-teaching profession is viewed by others. The panel considered that the teacher’s ./OFFICIAL_SENSITIVE_-_S_of_S_decision-_Andrew_Crozier.pdf-behaviour in committing the offence could affect public confidence in the teaching ./OFFICIAL_SENSITIVE_-_S_of_S_decision-_Andrew_Crozier.pdf-profession, given the influence that teachers may have on pupils, parents and others in ./OFFICIAL_SENSITIVE_-_S_of_S_decision-_Andrew_Crozier.pdf-the community.” ./OFFICIAL_SENSITIVE_-_S_of_S_decision-_Andrew_Crozier.pdf- ./OFFICIAL_SENSITIVE_-_S_of_S_decision-_Andrew_Crozier.pdf:I am particularly mindful of the finding of sexual misconduct in this case and the panel’s ./OFFICIAL_SENSITIVE_-_S_of_S_decision-_Andrew_Crozier.pdf-comment, “that Mr Crozier’s behaviour ultimately led to a sentence of imprisonment, ./OFFICIAL_SENSITIVE_-_S_of_S_decision-_Andrew_Crozier.pdf-which was indicative of the seriousness of the offence committed. ./OFFICIAL_SENSITIVE_-_S_of_S_decision-_Andrew_Crozier.pdf- ./OFFICIAL_SENSITIVE_-_S_of_S_decision-_Andrew_Crozier.pdf:This was a case involving an offence of sexual activity which the Advice states is likely to ./OFFICIAL_SENSITIVE_-_S_of_S_decision-_Andrew_Crozier.pdf:be considered a relevant offence. Mr Crozier had exchanged messages of a sexual ./OFFICIAL_SENSITIVE_-_S_of_S_decision-_Andrew_Crozier.pdf-nature with Pupil A.” ./OFFICIAL_SENSITIVE_-_S_of_S_decision-_Andrew_Crozier.pdf- ./OFFICIAL_SENSITIVE_-_S_of_S_decision-_Andrew_Crozier.pdf-I have had to consider that the public has a high expectation of professional standards of ./OFFICIAL_SENSITIVE_-_S_of_S_decision-_Andrew_Crozier.pdf-all teachers and that the public might regard a failure to impose a prohibition order as a ./OFFICIAL_SENSITIVE_-_S_of_S_decision-_Andrew_Crozier.pdf-failure to uphold those high standards. In weighing these considerations, I have had to ./OFFICIAL_SENSITIVE_-_S_of_S_decision-_Andrew_Crozier.pdf-consider the matter from the point of view of an “ordinary intelligent and well-informed ./OFFICIAL_SENSITIVE_-_S_of_S_decision-_Andrew_Crozier.pdf-citizen.” ./OFFICIAL_SENSITIVE_-_S_of_S_decision-_Andrew_Crozier.pdf- ./OFFICIAL_SENSITIVE_-_S_of_S_decision-_Andrew_Crozier.pdf-I have considered whether the publication of a finding of unacceptable professional ./OFFICIAL_SENSITIVE_-_S_of_S_decision-_Andrew_Crozier.pdf-conduct, in the absence of a prohibition order, can itself be regarded by such a person as -- ./OFFICIAL_SENSITIVE_-_S_of_S_decision-_Andrew_Crozier.pdf-period as a newly qualified teacher.” ./OFFICIAL_SENSITIVE_-_S_of_S_decision-_Andrew_Crozier.pdf- ./OFFICIAL_SENSITIVE_-_S_of_S_decision-_Andrew_Crozier.pdf-A prohibition order would prevent Mr Crozier from teaching and would also clearly ./OFFICIAL_SENSITIVE_-_S_of_S_decision-_Andrew_Crozier.pdf-deprive the public of his contribution to the profession for the period that it is in force. ./OFFICIAL_SENSITIVE_-_S_of_S_decision-_Andrew_Crozier.pdf- ./OFFICIAL_SENSITIVE_-_S_of_S_decision-_Andrew_Crozier.pdf-In this case, I have placed considerable weight on the panel’s comments “Mr Crozier had ./OFFICIAL_SENSITIVE_-_S_of_S_decision-_Andrew_Crozier.pdf-harmed Pupil A, as described in a witness statement to the police by Pupil A’s mother, ./OFFICIAL_SENSITIVE_-_S_of_S_decision-_Andrew_Crozier.pdf-which detailed the impact Mr Crozier’s actions had on Pupil A’s wellbeing and ./OFFICIAL_SENSITIVE_-_S_of_S_decision-_Andrew_Crozier.pdf-relationships with family. The panel also considered this to be a serious criminal offence, ./OFFICIAL_SENSITIVE_-_S_of_S_decision-_Andrew_Crozier.pdf-in that Mr Crozier had been convicted of intentionally communicating with a person under ./OFFICIAL_SENSITIVE_-_S_of_S_decision-_Andrew_Crozier.pdf:the age of 16 years old for the purpose of obtaining sexual gratification. “ ./OFFICIAL_SENSITIVE_-_S_of_S_decision-_Andrew_Crozier.pdf- ./OFFICIAL_SENSITIVE_-_S_of_S_decision-_Andrew_Crozier.pdf-I have given less weight in my consideration of sanction therefore, to the contribution that ./OFFICIAL_SENSITIVE_-_S_of_S_decision-_Andrew_Crozier.pdf-Mr Crozier has made to the profession. In my view, it is necessary to impose a prohibition ./OFFICIAL_SENSITIVE_-_S_of_S_decision-_Andrew_Crozier.pdf-order in order to maintain public confidence in the profession. A published decision, in ./OFFICIAL_SENSITIVE_-_S_of_S_decision-_Andrew_Crozier.pdf-light of the circumstances in this case, does not in my view satisfy the public interest ./OFFICIAL_SENSITIVE_-_S_of_S_decision-_Andrew_Crozier.pdf-requirement concerning public confidence in the profession. ./OFFICIAL_SENSITIVE_-_S_of_S_decision-_Andrew_Crozier.pdf- ./OFFICIAL_SENSITIVE_-_S_of_S_decision-_Andrew_Crozier.pdf-For these reasons, I have concluded that a prohibition order is proportionate and in the ./OFFICIAL_SENSITIVE_-_S_of_S_decision-_Andrew_Crozier.pdf-public interest in order to achieve the intended aims of a prohibition order. ./OFFICIAL_SENSITIVE_-_S_of_S_decision-_Andrew_Crozier.pdf- ./OFFICIAL_SENSITIVE_-_S_of_S_decision-_Andrew_Crozier.pdf-I have gone on to consider the matter of a review period. In this case, the panel has ./OFFICIAL_SENSITIVE_-_S_of_S_decision-_Andrew_Crozier.pdf-recommended that no provision should be made for a review period. ./OFFICIAL_SENSITIVE_-_S_of_S_decision-_Andrew_Crozier.pdf- ./OFFICIAL_SENSITIVE_-_S_of_S_decision-_Andrew_Crozier.pdf-I have considered the panel’s comments “the panel considered that the actions of Mr ./OFFICIAL_SENSITIVE_-_S_of_S_decision-_Andrew_Crozier.pdf-Crozier had harmed Pupil A, as described in a witness statement to the police by Pupil ./OFFICIAL_SENSITIVE_-_S_of_S_decision-_Andrew_Crozier.pdf-A’s mother, which detailed the impact Mr Crozier’s actions had on Pupil A’s wellbeing and ./OFFICIAL_SENSITIVE_-_S_of_S_decision-_Andrew_Crozier.pdf-relationships with family. The panel also considered this to be a serious criminal offence, ./OFFICIAL_SENSITIVE_-_S_of_S_decision-_Andrew_Crozier.pdf-in that Mr Crozier had been convicted of intentionally communicating with a person under ./OFFICIAL_SENSITIVE_-_S_of_S_decision-_Andrew_Crozier.pdf:the age of 16 years old for the purpose of obtaining sexual gratification.” ./OFFICIAL_SENSITIVE_-_S_of_S_decision-_Andrew_Crozier.pdf- ./OFFICIAL_SENSITIVE_-_S_of_S_decision-_Andrew_Crozier.pdf-I have considered whether allowing for no review in this case, even in the light of the ./OFFICIAL_SENSITIVE_-_S_of_S_decision-_Andrew_Crozier.pdf-comments from the probation officer concerning risk of future re-offending, reflects the ./OFFICIAL_SENSITIVE_-_S_of_S_decision-_Andrew_Crozier.pdf-seriousness of the findings and is necessary and proportionate. In this case, the ./OFFICIAL_SENSITIVE_-_S_of_S_decision-_Andrew_Crozier.pdf-seriousness of the misconduct, “Mr Crozier’s behaviour ultimately led to a sentence of ./OFFICIAL_SENSITIVE_-_S_of_S_decision-_Andrew_Crozier.pdf-imprisonment, which was indicative of the seriousness of the offence committed”, and the ./OFFICIAL_SENSITIVE_-_S_of_S_decision-_Andrew_Crozier.pdf-harm caused to Pupil A and the family of Pupil A are factors which mean that allowing for ./OFFICIAL_SENSITIVE_-_S_of_S_decision-_Andrew_Crozier.pdf-a no review is necessary to maintain public confidence in the profession and is ./OFFICIAL_SENSITIVE_-_S_of_S_decision-_Andrew_Crozier.pdf-proportionate and in the public interest. ./OFFICIAL_SENSITIVE_-_S_of_S_decision-_Andrew_Crozier.pdf- ./OFFICIAL_SENSITIVE_-_S_of_S_Web_Decision_Lowson_Nicholas.pdf- ./OFFICIAL_SENSITIVE_-_S_of_S_Web_Decision_Lowson_Nicholas.pdf-In carrying out the balancing exercise, the panel had regard to the public interest ./OFFICIAL_SENSITIVE_-_S_of_S_Web_Decision_Lowson_Nicholas.pdf-considerations both in favour of, and against, prohibition as well as the interests of Mr ./OFFICIAL_SENSITIVE_-_S_of_S_Web_Decision_Lowson_Nicholas.pdf-Lowson. The panel took further account of the Advice, which suggests that a prohibition ./OFFICIAL_SENSITIVE_-_S_of_S_Web_Decision_Lowson_Nicholas.pdf-order may be appropriate if certain behaviours of a teacher have been proved. In the list ./OFFICIAL_SENSITIVE_-_S_of_S_Web_Decision_Lowson_Nicholas.pdf-of such behaviours, those that are relevant in this case are: ./OFFICIAL_SENSITIVE_-_S_of_S_Web_Decision_Lowson_Nicholas.pdf- ./OFFICIAL_SENSITIVE_-_S_of_S_Web_Decision_Lowson_Nicholas.pdf- • serious departure from the personal and professional conduct elements of the ./OFFICIAL_SENSITIVE_-_S_of_S_Web_Decision_Lowson_Nicholas.pdf- Teachers’ Standards; ./OFFICIAL_SENSITIVE_-_S_of_S_Web_Decision_Lowson_Nicholas.pdf- ./OFFICIAL_SENSITIVE_-_S_of_S_Web_Decision_Lowson_Nicholas.pdf: • sexual misconduct, for example, involving actions that were sexually motivated ./OFFICIAL_SENSITIVE_-_S_of_S_Web_Decision_Lowson_Nicholas.pdf: or of a sexual nature; ./OFFICIAL_SENSITIVE_-_S_of_S_Web_Decision_Lowson_Nicholas.pdf- ./OFFICIAL_SENSITIVE_-_S_of_S_Web_Decision_Lowson_Nicholas.pdf- • any activity involving viewing, taking, making, possessing, distributing or ./OFFICIAL_SENSITIVE_-_S_of_S_Web_Decision_Lowson_Nicholas.pdf- publishing any indecent photograph or image or pseudo photograph or image ./OFFICIAL_SENSITIVE_-_S_of_S_Web_Decision_Lowson_Nicholas.pdf- of a child, or permitting such activity, including one-off incidents. ./OFFICIAL_SENSITIVE_-_S_of_S_Web_Decision_Lowson_Nicholas.pdf- ./OFFICIAL_SENSITIVE_-_S_of_S_Web_Decision_Lowson_Nicholas.pdf-Even though some of the behaviour found proved in this case indicated that a prohibition ./OFFICIAL_SENSITIVE_-_S_of_S_Web_Decision_Lowson_Nicholas.pdf-order would be appropriate, the panel went on to consider the mitigating factors. ./OFFICIAL_SENSITIVE_-_S_of_S_Web_Decision_Lowson_Nicholas.pdf- ./OFFICIAL_SENSITIVE_-_S_of_S_Web_Decision_Lowson_Nicholas.pdf- ./OFFICIAL_SENSITIVE_-_S_of_S_Web_Decision_Lowson_Nicholas.pdf- -- ./OFFICIAL_SENSITIVE_-_S_of_S_Web_Decision_Lowson_Nicholas.pdf- ./OFFICIAL_SENSITIVE_-_S_of_S_Web_Decision_Lowson_Nicholas.pdf-The panel was of the view that, applying the standard of the ordinary intelligent citizen, it ./OFFICIAL_SENSITIVE_-_S_of_S_Web_Decision_Lowson_Nicholas.pdf-would not be a proportionate and appropriate response to recommend no prohibition ./OFFICIAL_SENSITIVE_-_S_of_S_Web_Decision_Lowson_Nicholas.pdf-order. Recommending that the publication of adverse findings was sufficient would ./OFFICIAL_SENSITIVE_-_S_of_S_Web_Decision_Lowson_Nicholas.pdf-unacceptably compromise the public interest considerations present in this case, despite ./OFFICIAL_SENSITIVE_-_S_of_S_Web_Decision_Lowson_Nicholas.pdf-the severity of the consequences for Mr Lowson of prohibition. ./OFFICIAL_SENSITIVE_-_S_of_S_Web_Decision_Lowson_Nicholas.pdf- ./OFFICIAL_SENSITIVE_-_S_of_S_Web_Decision_Lowson_Nicholas.pdf-The panel was of the view that prohibition was both proportionate and appropriate. The ./OFFICIAL_SENSITIVE_-_S_of_S_Web_Decision_Lowson_Nicholas.pdf-panel decided that the public interest considerations outweighed the interests of Mr ./OFFICIAL_SENSITIVE_-_S_of_S_Web_Decision_Lowson_Nicholas.pdf-Lowson. The conviction, involving attempting to observe a person doing a private act for ./OFFICIAL_SENSITIVE_-_S_of_S_Web_Decision_Lowson_Nicholas.pdf:the purpose of obtaining sexual gratification, was a significant factor in forming that ./OFFICIAL_SENSITIVE_-_S_of_S_Web_Decision_Lowson_Nicholas.pdf-opinion. That person was under the age of 16 years old at the time of the incident. ./OFFICIAL_SENSITIVE_-_S_of_S_Web_Decision_Lowson_Nicholas.pdf-Accordingly, the panel made a recommendation to the Secretary of State that a ./OFFICIAL_SENSITIVE_-_S_of_S_Web_Decision_Lowson_Nicholas.pdf-prohibition order should be imposed with immediate effect. ./OFFICIAL_SENSITIVE_-_S_of_S_Web_Decision_Lowson_Nicholas.pdf- ./OFFICIAL_SENSITIVE_-_S_of_S_Web_Decision_Lowson_Nicholas.pdf-The panel went on to consider whether or not it would be appropriate to recommend that ./OFFICIAL_SENSITIVE_-_S_of_S_Web_Decision_Lowson_Nicholas.pdf-a review period of the order should be considered. The panel was mindful that the Advice ./OFFICIAL_SENSITIVE_-_S_of_S_Web_Decision_Lowson_Nicholas.pdf-states that a prohibition order applies for life, but there may be circumstances, in any ./OFFICIAL_SENSITIVE_-_S_of_S_Web_Decision_Lowson_Nicholas.pdf-given case, that may make it appropriate to allow a teacher to apply to have the ./OFFICIAL_SENSITIVE_-_S_of_S_Web_Decision_Lowson_Nicholas.pdf-prohibition order reviewed after a specified period of time that may not be less than 2 ./OFFICIAL_SENSITIVE_-_S_of_S_Web_Decision_Lowson_Nicholas.pdf-years. ./OFFICIAL_SENSITIVE_-_S_of_S_Web_Decision_Lowson_Nicholas.pdf- ./OFFICIAL_SENSITIVE_-_S_of_S_Web_Decision_Lowson_Nicholas.pdf-The Advice indicates that there are behaviours that, if proved, would militate against the ./OFFICIAL_SENSITIVE_-_S_of_S_Web_Decision_Lowson_Nicholas.pdf:recommendation of a review period. One of these behaviours includes serious sexual ./OFFICIAL_SENSITIVE_-_S_of_S_Web_Decision_Lowson_Nicholas.pdf:misconduct, such as where the act was sexually motivated and resulted in or had the ./OFFICIAL_SENSITIVE_-_S_of_S_Web_Decision_Lowson_Nicholas.pdf- ./OFFICIAL_SENSITIVE_-_S_of_S_Web_Decision_Lowson_Nicholas.pdf- ./OFFICIAL_SENSITIVE_-_S_of_S_Web_Decision_Lowson_Nicholas.pdf- 8 ./OFFICIAL_SENSITIVE_-_S_of_S_Web_Decision_Lowson_Nicholas.pdf- -- ./OFFICIAL_SENSITIVE_-_S_of_S_Web_Decision_Lowson_Nicholas.pdf-potential to result in, harm to a person or persons, particularly where the individual has ./OFFICIAL_SENSITIVE_-_S_of_S_Web_Decision_Lowson_Nicholas.pdf-used his professional position to influence or exploit a person or persons. The panel did ./OFFICIAL_SENSITIVE_-_S_of_S_Web_Decision_Lowson_Nicholas.pdf-not consider that Mr Lowson had used his professional position to influence or exploit a ./OFFICIAL_SENSITIVE_-_S_of_S_Web_Decision_Lowson_Nicholas.pdf-person. However, the panel found that Mr Lowson was responsible for attempting to ./OFFICIAL_SENSITIVE_-_S_of_S_Web_Decision_Lowson_Nicholas.pdf:observe a child doing a private act for the purposes of sexual gratification. ./OFFICIAL_SENSITIVE_-_S_of_S_Web_Decision_Lowson_Nicholas.pdf- ./OFFICIAL_SENSITIVE_-_S_of_S_Web_Decision_Lowson_Nicholas.pdf-These behaviours also included any activity involving viewing, taking, making, ./OFFICIAL_SENSITIVE_-_S_of_S_Web_Decision_Lowson_Nicholas.pdf-possessing, distributing or publishing any indecent photograph or image or pseudo ./OFFICIAL_SENSITIVE_-_S_of_S_Web_Decision_Lowson_Nicholas.pdf-photograph or image of a child. Although the panel acknowledged that Mr Lowson had ./OFFICIAL_SENSITIVE_-_S_of_S_Web_Decision_Lowson_Nicholas.pdf-not been convicted of viewing, taking, making, possessing, distributing or publishing any ./OFFICIAL_SENSITIVE_-_S_of_S_Web_Decision_Lowson_Nicholas.pdf-indecent photograph, the panel noted that Mr Lowson was convicted of attempting to ./OFFICIAL_SENSITIVE_-_S_of_S_Web_Decision_Lowson_Nicholas.pdf-observe a person doing a private act. The panel noted that person was a child and found ./OFFICIAL_SENSITIVE_-_S_of_S_Web_Decision_Lowson_Nicholas.pdf-such a behaviour to be relevant. ./OFFICIAL_SENSITIVE_-_S_of_S_Web_Decision_Lowson_Nicholas.pdf- ./OFFICIAL_SENSITIVE_-_S_of_S_Web_Decision_Lowson_Nicholas.pdf-As regards evidence of insight, in his response to the notice of referral form, Mr Lowson ./OFFICIAL_SENSITIVE_-_WEB_decision_-_Buchanan__B.pdf-conduct that may bring the profession into disrepute in that, between March 2006 and ./OFFICIAL_SENSITIVE_-_WEB_decision_-_Buchanan__B.pdf-January 2017, he failed to maintain appropriate professional boundaries and/or ./OFFICIAL_SENSITIVE_-_WEB_decision_-_Buchanan__B.pdf-appropriate professional standards in that: ./OFFICIAL_SENSITIVE_-_WEB_decision_-_Buchanan__B.pdf- ./OFFICIAL_SENSITIVE_-_WEB_decision_-_Buchanan__B.pdf- 1. Whilst working as an unqualified teacher of Mathematics at Holly Hall School: ./OFFICIAL_SENSITIVE_-_WEB_decision_-_Buchanan__B.pdf- a. in or around March 2006, he sent electronic messages to one or more ./OFFICIAL_SENSITIVE_-_WEB_decision_-_Buchanan__B.pdf- pupils via Facebook and/or MSN Messenger; ./OFFICIAL_SENSITIVE_-_WEB_decision_-_Buchanan__B.pdf- b. in or around December 2007, he breached the terms of a final written ./OFFICIAL_SENSITIVE_-_WEB_decision_-_Buchanan__B.pdf- warning imposed upon him by sending electronic messages to one or more ./OFFICIAL_SENSITIVE_-_WEB_decision_-_Buchanan__B.pdf- pupils via Facebook and/or MSN Messenger; ./OFFICIAL_SENSITIVE_-_WEB_decision_-_Buchanan__B.pdf: c. in or around January 2009, he made sexualised comments to a 15 year old ./OFFICIAL_SENSITIVE_-_WEB_decision_-_Buchanan__B.pdf- female pupil (Student F), including but not limited to the following: ./OFFICIAL_SENSITIVE_-_WEB_decision_-_Buchanan__B.pdf- i. ‘when [you] come through the door [you have] to go through ./OFFICIAL_SENSITIVE_-_WEB_decision_-_Buchanan__B.pdf- sideways’; ./OFFICIAL_SENSITIVE_-_WEB_decision_-_Buchanan__B.pdf- ii. ‘the cold [is] getting to [your] boobs’; ./OFFICIAL_SENSITIVE_-_WEB_decision_-_Buchanan__B.pdf- iii. ‘[you] like to show [your] body off to all the lads’. ./OFFICIAL_SENSITIVE_-_WEB_decision_-_Buchanan__B.pdf- 2. In his application form dated 23 February 2016 for the position of teacher of ./OFFICIAL_SENSITIVE_-_WEB_decision_-_Buchanan__B.pdf- Mathematics at Fairfax School, he selected ‘no’ in response to the question ‘Have ./OFFICIAL_SENSITIVE_-_WEB_decision_-_Buchanan__B.pdf- you ever been subject to disciplinary action by a previous employer, or is ./OFFICIAL_SENSITIVE_-_WEB_decision_-_Buchanan__B.pdf- disciplinary action currently pending?, which was untrue; ./OFFICIAL_SENSITIVE_-_WEB_decision_-_Buchanan__B.pdf- 3. By his actions sent out at 2 above, he was dishonest; -- ./OFFICIAL_SENSITIVE_-_WEB_decision_-_Buchanan__B.pdf- 5. In July 2016, whilst in the Crestwood School car park, he sucked his teeth at a ./OFFICIAL_SENSITIVE_-_WEB_decision_-_Buchanan__B.pdf- female Year 10 pupil (Student E) and stated to her ‘you wouldn’t believe the things ./OFFICIAL_SENSITIVE_-_WEB_decision_-_Buchanan__B.pdf- I would do to you’, or words to that effect; ./OFFICIAL_SENSITIVE_-_WEB_decision_-_Buchanan__B.pdf- 6. Between 22 July and 8 September 2016, he communicated via text and/or online ./OFFICIAL_SENSITIVE_-_WEB_decision_-_Buchanan__B.pdf- messages with a female Year 8 pupil (Student A) who had been a student of his at ./OFFICIAL_SENSITIVE_-_WEB_decision_-_Buchanan__B.pdf- Crestwood School; ./OFFICIAL_SENSITIVE_-_WEB_decision_-_Buchanan__B.pdf- 7. On 15 September 2016 during an Aikido lesson that he was teaching, he ./OFFICIAL_SENSITIVE_-_WEB_decision_-_Buchanan__B.pdf- encouraged students to roll over his body whilst he guessed who they were; ./OFFICIAL_SENSITIVE_-_WEB_decision_-_Buchanan__B.pdf: 8. His actions set out a 1 and/or 5 and/or 6 and/or 7 above were sexually motivated. ./OFFICIAL_SENSITIVE_-_WEB_decision_-_Buchanan__B.pdf- ./OFFICIAL_SENSITIVE_-_WEB_decision_-_Buchanan__B.pdf- ./OFFICIAL_SENSITIVE_-_WEB_decision_-_Buchanan__B.pdf-C. Preliminary applications ./OFFICIAL_SENSITIVE_-_WEB_decision_-_Buchanan__B.pdf-The panel considered a number of preliminary applications made by the parties. ./OFFICIAL_SENSITIVE_-_WEB_decision_-_Buchanan__B.pdf- ./OFFICIAL_SENSITIVE_-_WEB_decision_-_Buchanan__B.pdf-Admissibility of documents ./OFFICIAL_SENSITIVE_-_WEB_decision_-_Buchanan__B.pdf- ./OFFICIAL_SENSITIVE_-_WEB_decision_-_Buchanan__B.pdf-The first application was an application by the presenting officer that a witness statement ./OFFICIAL_SENSITIVE_-_WEB_decision_-_Buchanan__B.pdf-not previously seen by the panel should be admitted as evidence. The presenting officer ./OFFICIAL_SENSITIVE_-_WEB_decision_-_Buchanan__B.pdf-submitted that the witness statement contained information that was relevant to the facts -- ./OFFICIAL_SENSITIVE_-_WEB_decision_-_Buchanan__B.pdf-from November 2010 to 2016. A position of trust meeting was held in October 2016 and ./OFFICIAL_SENSITIVE_-_WEB_decision_-_Buchanan__B.pdf-Fairfax School commenced an internal investigation. This case relates to allegations that ./OFFICIAL_SENSITIVE_-_WEB_decision_-_Buchanan__B.pdf-Mr Buchanan committed misconduct in that, between March 2006 and January 2017, he ./OFFICIAL_SENSITIVE_-_WEB_decision_-_Buchanan__B.pdf-failed to maintain appropriate professional boundaries and/or appropriate professional ./OFFICIAL_SENSITIVE_-_WEB_decision_-_Buchanan__B.pdf-standards. ./OFFICIAL_SENSITIVE_-_WEB_decision_-_Buchanan__B.pdf- ./OFFICIAL_SENSITIVE_-_WEB_decision_-_Buchanan__B.pdf-Mr Buchanan is alleged to have engaged in inappropriate communication with pupils ./OFFICIAL_SENSITIVE_-_WEB_decision_-_Buchanan__B.pdf-despite having received two final warnings and a written warning from Holly Hall School ./OFFICIAL_SENSITIVE_-_WEB_decision_-_Buchanan__B.pdf-where he had been an unqualified teacher between 2006 and 2010. Mr Buchanan is also ./OFFICIAL_SENSITIVE_-_WEB_decision_-_Buchanan__B.pdf-alleged to have behaved inappropriately towards a pupil at Crestwood School and during ./OFFICIAL_SENSITIVE_-_WEB_decision_-_Buchanan__B.pdf:his Aikido lessons. It is alleged that his conduct was sexually motivated. The investigation ./OFFICIAL_SENSITIVE_-_WEB_decision_-_Buchanan__B.pdf-also revealed that Mr Buchanan had provided incorrect information on his application ./OFFICIAL_SENSITIVE_-_WEB_decision_-_Buchanan__B.pdf-from to Fairfax school. It is alleged that this conduct was dishonest. During the course of ./OFFICIAL_SENSITIVE_-_WEB_decision_-_Buchanan__B.pdf-the investigation, members of staff at Fairfax School discovered property that they ./OFFICIAL_SENSITIVE_-_WEB_decision_-_Buchanan__B.pdf-considered belonged to Crestwood School in Mr Buchanan’s possession. ./OFFICIAL_SENSITIVE_-_WEB_decision_-_Buchanan__B.pdf- ./OFFICIAL_SENSITIVE_-_WEB_decision_-_Buchanan__B.pdf-Findings of fact ./OFFICIAL_SENSITIVE_-_WEB_decision_-_Buchanan__B.pdf-Our findings of fact are as follows: ./OFFICIAL_SENSITIVE_-_WEB_decision_-_Buchanan__B.pdf- ./OFFICIAL_SENSITIVE_-_WEB_decision_-_Buchanan__B.pdf-The panel has found the following particulars of the allegations against you proven, for ./OFFICIAL_SENSITIVE_-_WEB_decision_-_Buchanan__B.pdf-these reasons: -- ./OFFICIAL_SENSITIVE_-_WEB_decision_-_Buchanan__B.pdf-warnings and was disappointed that this had not been investigated further. The panel ./OFFICIAL_SENSITIVE_-_WEB_decision_-_Buchanan__B.pdf-took account of the fact Mr Buchanan had made a Subject Access Request to Holly Hall ./OFFICIAL_SENSITIVE_-_WEB_decision_-_Buchanan__B.pdf-School, but had not been provided with any documents relating to this alleged second or ./OFFICIAL_SENSITIVE_-_WEB_decision_-_Buchanan__B.pdf-extended final warning. The panel did not see any evidence to support the facts of this ./OFFICIAL_SENSITIVE_-_WEB_decision_-_Buchanan__B.pdf-allegation and did not see any copies of the alleged communication. On the strength of ./OFFICIAL_SENSITIVE_-_WEB_decision_-_Buchanan__B.pdf-one e-mail, the panel could not be satisfied, on the balance of probabilities, that Mr ./OFFICIAL_SENSITIVE_-_WEB_decision_-_Buchanan__B.pdf-Buchanan breached the terms of the final written warning. The panel accepted Mr ./OFFICIAL_SENSITIVE_-_WEB_decision_-_Buchanan__B.pdf-Buchanan’s explanation and was not satisfied that it was more probable than not that the ./OFFICIAL_SENSITIVE_-_WEB_decision_-_Buchanan__B.pdf-facts alleged in allegation 1.b happened. ./OFFICIAL_SENSITIVE_-_WEB_decision_-_Buchanan__B.pdf-Accordingly, allegation 1.b is not found proven. ./OFFICIAL_SENSITIVE_-_WEB_decision_-_Buchanan__B.pdf: c. in or around January 2009, you made sexualised comments to a 15 year ./OFFICIAL_SENSITIVE_-_WEB_decision_-_Buchanan__B.pdf- old female pupil (Student F), including but not limited to the following: ./OFFICIAL_SENSITIVE_-_WEB_decision_-_Buchanan__B.pdf- ./OFFICIAL_SENSITIVE_-_WEB_decision_-_Buchanan__B.pdf- i. ‘when [you] come through the door [you have] to go through ./OFFICIAL_SENSITIVE_-_WEB_decision_-_Buchanan__B.pdf- sideways’; ./OFFICIAL_SENSITIVE_-_WEB_decision_-_Buchanan__B.pdf- ./OFFICIAL_SENSITIVE_-_WEB_decision_-_Buchanan__B.pdf-The panel carefully considered the evidence presented by the NCTL in relation to this ./OFFICIAL_SENSITIVE_-_WEB_decision_-_Buchanan__B.pdf-allegation, namely the minutes from a strategy meeting convened in January 2009 ./OFFICIAL_SENSITIVE_-_WEB_decision_-_Buchanan__B.pdf-regarding an allegation made by Student F. ./OFFICIAL_SENSITIVE_-_WEB_decision_-_Buchanan__B.pdf-This allegation incorporates the stem of allegation 1.c, namely that the comments were ./OFFICIAL_SENSITIVE_-_WEB_decision_-_Buchanan__B.pdf:sexualised. The panel therefore carefully deliberated whether the comment had been ./OFFICIAL_SENSITIVE_-_WEB_decision_-_Buchanan__B.pdf:made and whether it was sexualised. ./OFFICIAL_SENSITIVE_-_WEB_decision_-_Buchanan__B.pdf-The panel also heard evidence from Mr Buchanan who fiercely denied that the comments ./OFFICIAL_SENSITIVE_-_WEB_decision_-_Buchanan__B.pdf:were sexualised. Mr Buchanan accepted that the comment had been made, but ./OFFICIAL_SENSITIVE_-_WEB_decision_-_Buchanan__B.pdf-explained that it had been made during a group discussion with pupils, and was not ./OFFICIAL_SENSITIVE_-_WEB_decision_-_Buchanan__B.pdf-directed at Student F. ./OFFICIAL_SENSITIVE_-_WEB_decision_-_Buchanan__B.pdf-Mr Buchanan gave oral evidence that whilst working at Holly Hall School, he was part of ./OFFICIAL_SENSITIVE_-_WEB_decision_-_Buchanan__B.pdf-a Minority Ethnic Achievement Programme. The aim of the programme was to raise the ./OFFICIAL_SENSITIVE_-_WEB_decision_-_Buchanan__B.pdf-achievement aspirations of pupils of an ethnic minority. He explained that Holly Hall ./OFFICIAL_SENSITIVE_-_WEB_decision_-_Buchanan__B.pdf-School had pupils from a wide range of ethnic backgrounds. However, the school had ./OFFICIAL_SENSITIVE_-_WEB_decision_-_Buchanan__B.pdf-identified a trend in pupils of an ethnic minority underachieving. The project aimed to ./OFFICIAL_SENSITIVE_-_WEB_decision_-_Buchanan__B.pdf-combat this and in this role Mr Buchanan supported the achievements of ethnic minority ./OFFICIAL_SENSITIVE_-_WEB_decision_-_Buchanan__B.pdf-pupils. ./OFFICIAL_SENSITIVE_-_WEB_decision_-_Buchanan__B.pdf-As part of that project, Mr Buchanan held group discussions where he and the pupils -- ./OFFICIAL_SENSITIVE_-_WEB_decision_-_Buchanan__B.pdf-not feel restrained by such stereotypes. Mr Buchanan wanted to encourage his pupils to ./OFFICIAL_SENSITIVE_-_WEB_decision_-_Buchanan__B.pdf-challenge unacceptable stereotypes in an appropriate and non-violent manner. ./OFFICIAL_SENSITIVE_-_WEB_decision_-_Buchanan__B.pdf-The panel found Mr Buchanan’s evidence to be honest and frank. He did not seek to ./OFFICIAL_SENSITIVE_-_WEB_decision_-_Buchanan__B.pdf-deny having made the comment but openly explained the context of the comment. The ./OFFICIAL_SENSITIVE_-_WEB_decision_-_Buchanan__B.pdf-panel was persuaded by his detailed explanation and found no evidence to suggest that ./OFFICIAL_SENSITIVE_-_WEB_decision_-_Buchanan__B.pdf:he had made sexualised comments. ./OFFICIAL_SENSITIVE_-_WEB_decision_-_Buchanan__B.pdf-Accordingly, allegation 1.c.i is not found proven ./OFFICIAL_SENSITIVE_-_WEB_decision_-_Buchanan__B.pdf- ii. ‘the cold [is] getting to [your boobs] boobs’; ./OFFICIAL_SENSITIVE_-_WEB_decision_-_Buchanan__B.pdf- ./OFFICIAL_SENSITIVE_-_WEB_decision_-_Buchanan__B.pdf- iii. ‘[you] like to show your body off to all the lads’. ./OFFICIAL_SENSITIVE_-_WEB_decision_-_Buchanan__B.pdf- ./OFFICIAL_SENSITIVE_-_WEB_decision_-_Buchanan__B.pdf-Mr Buchanan explained to the panel that he had not used the words ‘boobs’ and that the ./OFFICIAL_SENSITIVE_-_WEB_decision_-_Buchanan__B.pdf-comments had been made to Student F in the canteen when he had instructed her to ./OFFICIAL_SENSITIVE_-_WEB_decision_-_Buchanan__B.pdf-remove her coat and wear appropriate school uniform. Mr Buchanan’s evidence was that ./OFFICIAL_SENSITIVE_-_WEB_decision_-_Buchanan__B.pdf-Student F had complained that she did not want to remove her coat as she was cold and ./OFFICIAL_SENSITIVE_-_WEB_decision_-_Buchanan__B.pdf-indicated her chest area. Mr Buchanan had replied that if she wore an appropriate school ./OFFICIAL_SENSITIVE_-_WEB_decision_-_Buchanan__B.pdf-shirt, rather than a blouse, the school shirt could be buttoned up properly to keep the cold ./OFFICIAL_SENSITIVE_-_WEB_decision_-_Buchanan__B.pdf-away from her chest area. He had also told Student F that the school uniform was there ./OFFICIAL_SENSITIVE_-_WEB_decision_-_Buchanan__B.pdf-to stop pupils feeling the pressure of fashion and to prevent male pupils from thinking that ./OFFICIAL_SENSITIVE_-_WEB_decision_-_Buchanan__B.pdf-female pupils were trying to show off their bodies. ./OFFICIAL_SENSITIVE_-_WEB_decision_-_Buchanan__B.pdf-Student F’s mother had gone to the police about the matter and a position of trust ./OFFICIAL_SENSITIVE_-_WEB_decision_-_Buchanan__B.pdf-meeting had been held after which Mr Buchanan had been given a written warning. Mr ./OFFICIAL_SENSITIVE_-_WEB_decision_-_Buchanan__B.pdf-Buchanan was not present at that position of trust meeting and accepted the written ./OFFICIAL_SENSITIVE_-_WEB_decision_-_Buchanan__B.pdf-warning without protest. He explained to the panel that on reflection his choice of words ./OFFICIAL_SENSITIVE_-_WEB_decision_-_Buchanan__B.pdf-was unwise and on this basis, accepted the warning. ./OFFICIAL_SENSITIVE_-_WEB_decision_-_Buchanan__B.pdf-For the reasons outlined above, and in the absence of a finding that Mr Buchanan’s ./OFFICIAL_SENSITIVE_-_WEB_decision_-_Buchanan__B.pdf:comments were sexualised, allegations1.c.ii and 1.c.iii are not found proven. ./OFFICIAL_SENSITIVE_-_WEB_decision_-_Buchanan__B.pdf- ./OFFICIAL_SENSITIVE_-_WEB_decision_-_Buchanan__B.pdf- 5. In July 2016, whilst in the Crestwood School car park, you sucked your teeth ./OFFICIAL_SENSITIVE_-_WEB_decision_-_Buchanan__B.pdf- at a female Year 10 pupil (Student E) and stated to her ‘you wouldn’t believe ./OFFICIAL_SENSITIVE_-_WEB_decision_-_Buchanan__B.pdf- the things I would do to you’, or words to that effect; ./OFFICIAL_SENSITIVE_-_WEB_decision_-_Buchanan__B.pdf- ./OFFICIAL_SENSITIVE_-_WEB_decision_-_Buchanan__B.pdf-The only evidence available to the panel in relation to this allegation was the handwritten ./OFFICIAL_SENSITIVE_-_WEB_decision_-_Buchanan__B.pdf-statement of Student E. Student E was not called to give evidence, which was a decision ./OFFICIAL_SENSITIVE_-_WEB_decision_-_Buchanan__B.pdf-that the panel accepted. However, the statement was hearsay evidence and the panel ./OFFICIAL_SENSITIVE_-_WEB_decision_-_Buchanan__B.pdf-accordingly exercised caution in considering what weight should be attributed to the ./OFFICIAL_SENSITIVE_-_WEB_decision_-_Buchanan__B.pdf-statement. -- ./OFFICIAL_SENSITIVE_-_WEB_decision_-_Buchanan__B.pdf-Mr Buchanan had consistently denied this allegation. The panel had the opportunity to ./OFFICIAL_SENSITIVE_-_WEB_decision_-_Buchanan__B.pdf-examine his evidence and found his evidence to be credible. ./OFFICIAL_SENSITIVE_-_WEB_decision_-_Buchanan__B.pdf-The panel also considered the fact the school had not investigated the allegation further ./OFFICIAL_SENSITIVE_-_WEB_decision_-_Buchanan__B.pdf-and felt that this was a relevant consideration. The panel noted that Mr Buchanan had ./OFFICIAL_SENSITIVE_-_WEB_decision_-_Buchanan__B.pdf-not been made aware of the student’s statement until the NCTL proceedings. ./OFFICIAL_SENSITIVE_-_WEB_decision_-_Buchanan__B.pdf-In the absence of any further evidence to support the allegation, the allegation was not ./OFFICIAL_SENSITIVE_-_WEB_decision_-_Buchanan__B.pdf-found proven. ./OFFICIAL_SENSITIVE_-_WEB_decision_-_Buchanan__B.pdf: 8. Your actions set out at 1 and/or 5 and/or 6 and/or 7 above were sexually ./OFFICIAL_SENSITIVE_-_WEB_decision_-_Buchanan__B.pdf- motivated. ./OFFICIAL_SENSITIVE_-_WEB_decision_-_Buchanan__B.pdf- ./OFFICIAL_SENSITIVE_-_WEB_decision_-_Buchanan__B.pdf-Having found allegation 1.a, 6 and 7 proved, the panel went on to consider whether Mr ./OFFICIAL_SENSITIVE_-_WEB_decision_-_Buchanan__B.pdf:Buchanan’s actions were sexually motivated. ./OFFICIAL_SENSITIVE_-_WEB_decision_-_Buchanan__B.pdf-Mr Buchanan strenuously and consistently denied this allegation in both his written and ./OFFICIAL_SENSITIVE_-_WEB_decision_-_Buchanan__B.pdf-oral evidence. The panel had the opportunity to test and assess his evidence and, in ./OFFICIAL_SENSITIVE_-_WEB_decision_-_Buchanan__B.pdf-relation to this particular allegation, found his oral evidence to be compelling and ./OFFICIAL_SENSITIVE_-_WEB_decision_-_Buchanan__B.pdf-credible. ./OFFICIAL_SENSITIVE_-_WEB_decision_-_Buchanan__B.pdf-In relation to allegation 1, the only evidence available to the panel was an e-mail ./OFFICIAL_SENSITIVE_-_WEB_decision_-_Buchanan__B.pdf-confirming that Mr Buchanan had received a final written warning for inappropriate ./OFFICIAL_SENSITIVE_-_WEB_decision_-_Buchanan__B.pdf-communication with students and a copy of the final written warning. Mr Buchanan ./OFFICIAL_SENSITIVE_-_WEB_decision_-_Buchanan__B.pdf-accepted that it had been inappropriate to communicate with pupils via MSN messenger. ./OFFICIAL_SENSITIVE_-_WEB_decision_-_Buchanan__B.pdf-However, the panel saw no evidence to persuade it that Mr Buchanan’s conduct had ./OFFICIAL_SENSITIVE_-_WEB_decision_-_Buchanan__B.pdf:been sexually motivated. The panel accepted Mr Buchanan’s evidence that he had been ./OFFICIAL_SENSITIVE_-_WEB_decision_-_Buchanan__B.pdf-communicating with students in a chat box whilst playing online chess which, although it ./OFFICIAL_SENSITIVE_-_WEB_decision_-_Buchanan__B.pdf-was an unacceptable method of communicating with students, was not in any way ./OFFICIAL_SENSITIVE_-_WEB_decision_-_Buchanan__B.pdf:sexually motivated. ./OFFICIAL_SENSITIVE_-_WEB_decision_-_Buchanan__B.pdf-The panel moved on to consider whether the conduct described and found proven in ./OFFICIAL_SENSITIVE_-_WEB_decision_-_Buchanan__B.pdf:allegation 6 was sexually motivated. The panel scrutinised the content of the messages ./OFFICIAL_SENSITIVE_-_WEB_decision_-_Buchanan__B.pdf-exchanged between Mr Buchanan and Student A when determining Mr Buchanan’s ./OFFICIAL_SENSITIVE_-_WEB_decision_-_Buchanan__B.pdf-motivation. ./OFFICIAL_SENSITIVE_-_WEB_decision_-_Buchanan__B.pdf-The panel also had regard to the evidence given by Witness A and B about the content of ./OFFICIAL_SENSITIVE_-_WEB_decision_-_Buchanan__B.pdf-the messages. The witnesses considered that the messages contained some concerning ./OFFICIAL_SENSITIVE_-_WEB_decision_-_Buchanan__B.pdf-elements, and were concerned by the volume of the messages and by the fact that some ./OFFICIAL_SENSITIVE_-_WEB_decision_-_Buchanan__B.pdf-of the messages had been sent late in the evening. ./OFFICIAL_SENSITIVE_-_WEB_decision_-_Buchanan__B.pdf-Witness A was concerned that Mr Buchanan appeared to be advising and counselling ./OFFICIAL_SENSITIVE_-_WEB_decision_-_Buchanan__B.pdf-Student A and that he had failed to share his concerns with another member of staff ./OFFICIAL_SENSITIVE_-_WEB_decision_-_Buchanan__B.pdf-within the school, or with the designated safeguarding lead. The panel accepted that this ./OFFICIAL_SENSITIVE_-_WEB_decision_-_Buchanan__B.pdf-was the witnesses’ impression of Mr Buchanan’s conduct, but did not feel that it ./OFFICIAL_SENSITIVE_-_WEB_decision_-_Buchanan__B.pdf:supported an allegation that Mr Buchanan’s behaviour was sexually motivated. ./OFFICIAL_SENSITIVE_-_WEB_decision_-_Buchanan__B.pdf-The panel considered that the tone of the communication was at times over-familiar. ./OFFICIAL_SENSITIVE_-_WEB_decision_-_Buchanan__B.pdf-However, it is not unusual for teachers to share their personal experiences with pupils in ./OFFICIAL_SENSITIVE_-_WEB_decision_-_Buchanan__B.pdf- ./OFFICIAL_SENSITIVE_-_WEB_decision_-_Buchanan__B.pdf- ./OFFICIAL_SENSITIVE_-_WEB_decision_-_Buchanan__B.pdf- 16 ./OFFICIAL_SENSITIVE_-_WEB_decision_-_Buchanan__B.pdf- -- ./OFFICIAL_SENSITIVE_-_WEB_decision_-_Buchanan__B.pdf-an effort to support them. The panel found no evidence that Mr Buchanan was trying to ./OFFICIAL_SENSITIVE_-_WEB_decision_-_Buchanan__B.pdf-establish an ongoing dependency on himself by student A. The panel noted that one ./OFFICIAL_SENSITIVE_-_WEB_decision_-_Buchanan__B.pdf-message ended with an “x”, which could have been a kiss but accepted Mr Buchanan’s ./OFFICIAL_SENSITIVE_-_WEB_decision_-_Buchanan__B.pdf-account that this was a mistake. ./OFFICIAL_SENSITIVE_-_WEB_decision_-_Buchanan__B.pdf-The panel was satisfied that Mr Buchanan’s motivation was concern for Student A’s ./OFFICIAL_SENSITIVE_-_WEB_decision_-_Buchanan__B.pdf:welfare and was absolutely certain that there was no sexual motivation on the part of Mr ./OFFICIAL_SENSITIVE_-_WEB_decision_-_Buchanan__B.pdf-Buchanan. ./OFFICIAL_SENSITIVE_-_WEB_decision_-_Buchanan__B.pdf-On the whole, the panel considered that the content of the messages, although ./OFFICIAL_SENSITIVE_-_WEB_decision_-_Buchanan__B.pdf-misguided and misjudged was innocuous. The panel considered that Mr Buchanan’s ./OFFICIAL_SENSITIVE_-_WEB_decision_-_Buchanan__B.pdf-intention was well meaning and this was consistent with his evidence. ./OFFICIAL_SENSITIVE_-_WEB_decision_-_Buchanan__B.pdf-The panel does not consider that there was evidence to support a contention that Mr ./OFFICIAL_SENSITIVE_-_WEB_decision_-_Buchanan__B.pdf:Buchanan’s behaviour was sexually motivated. The panel was persuaded that Mr ./OFFICIAL_SENSITIVE_-_WEB_decision_-_Buchanan__B.pdf-Buchanan was motivated by a misplaced and misguided desire to continue to support ./OFFICIAL_SENSITIVE_-_WEB_decision_-_Buchanan__B.pdf-Student A and found no evidence to persuade it that the relationship was designed to ./OFFICIAL_SENSITIVE_-_WEB_decision_-_Buchanan__B.pdf:obtain sexual gratification. ./OFFICIAL_SENSITIVE_-_WEB_decision_-_Buchanan__B.pdf-Having considered the evidence available to it in its entirety, the panel accepted Mr ./OFFICIAL_SENSITIVE_-_WEB_decision_-_Buchanan__B.pdf-Buchanan’s account and was not persuaded, on the balance of probabilities, that his ./OFFICIAL_SENSITIVE_-_WEB_decision_-_Buchanan__B.pdf:motivation was sexual. ./OFFICIAL_SENSITIVE_-_WEB_decision_-_Buchanan__B.pdf:The panel did not find the facts proved in allegation 7 to have been sexual in any way. At ./OFFICIAL_SENSITIVE_-_WEB_decision_-_Buchanan__B.pdf-no stage of this investigation did anyone ask Mr Buchanan to explain what had ./OFFICIAL_SENSITIVE_-_WEB_decision_-_Buchanan__B.pdf-happened. The panel had sight of clear evidence that this was a recognised and ./OFFICIAL_SENSITIVE_-_WEB_decision_-_Buchanan__B.pdf-acceptable sporting practice in Aikido. ./OFFICIAL_SENSITIVE_-_WEB_decision_-_Buchanan__B.pdf-This allegation is therefore not found proven. ./OFFICIAL_SENSITIVE_-_WEB_decision_-_Buchanan__B.pdf- ./OFFICIAL_SENSITIVE_-_WEB_decision_-_Buchanan__B.pdf-Findings as to unacceptable professional conduct and/or conduct that ./OFFICIAL_SENSITIVE_-_WEB_decision_-_Buchanan__B.pdf-may bring the profession into disrepute and/or conviction of a relevant ./OFFICIAL_SENSITIVE_-_WEB_decision_-_Buchanan__B.pdf-offence ./OFFICIAL_SENSITIVE_-_WEB_decision_-_Buchanan__B.pdf-Having found a number of the allegations to have been proven, the panel went on to ./OFFICIAL_SENSITIVE_-_WEB_decision_-_Buchanan__B.pdf-consider whether the facts of those proven allegations amounted to unacceptable ./OFFICIAL_SENSITIVE_-_WEB_decision_-_Stuart__I1.pdf- c. he would love to have them one on one ./OFFICIAL_SENSITIVE_-_WEB_decision_-_Stuart__I1.pdf- ./OFFICIAL_SENSITIVE_-_WEB_decision_-_Stuart__I1.pdf- d. that they could do better than their boyfriend ./OFFICIAL_SENSITIVE_-_WEB_decision_-_Stuart__I1.pdf- ./OFFICIAL_SENSITIVE_-_WEB_decision_-_Stuart__I1.pdf- e. asking them how far they have gone with a guy ./OFFICIAL_SENSITIVE_-_WEB_decision_-_Stuart__I1.pdf- ./OFFICIAL_SENSITIVE_-_WEB_decision_-_Stuart__I1.pdf- f. that them being drunk intrigues him ./OFFICIAL_SENSITIVE_-_WEB_decision_-_Stuart__I1.pdf- ./OFFICIAL_SENSITIVE_-_WEB_decision_-_Stuart__I1.pdf- g. asking that they delete his messages to them ./OFFICIAL_SENSITIVE_-_WEB_decision_-_Stuart__I1.pdf- ./OFFICIAL_SENSITIVE_-_WEB_decision_-_Stuart__I1.pdf: 2. His conduct as may be found proven at allegation 1 was sexually motivated ./OFFICIAL_SENSITIVE_-_WEB_decision_-_Stuart__I1.pdf- ./OFFICIAL_SENSITIVE_-_WEB_decision_-_Stuart__I1.pdf- 3. His conduct at allegation 1.g. above was dishonest in that he was attempting to ./OFFICIAL_SENSITIVE_-_WEB_decision_-_Stuart__I1.pdf- conceal the fact that he had been communicating with pupils at his former ./OFFICIAL_SENSITIVE_-_WEB_decision_-_Stuart__I1.pdf- employer ./OFFICIAL_SENSITIVE_-_WEB_decision_-_Stuart__I1.pdf- ./OFFICIAL_SENSITIVE_-_WEB_decision_-_Stuart__I1.pdf-The teacher admits the facts and that they amount to unacceptable professional conduct ./OFFICIAL_SENSITIVE_-_WEB_decision_-_Stuart__I1.pdf-and/or conduct that may bring the profession into disrepute. ./OFFICIAL_SENSITIVE_-_WEB_decision_-_Stuart__I1.pdf- ./OFFICIAL_SENSITIVE_-_WEB_decision_-_Stuart__I1.pdf- ./OFFICIAL_SENSITIVE_-_WEB_decision_-_Stuart__I1.pdf-C. Preliminary applications -- ./OFFICIAL_SENSITIVE_-_WEB_decision_-_Stuart__I1.pdf-It was alleged that whilst employed by Broadlands Hall School, Mr Stuart contacted ./OFFICIAL_SENSITIVE_-_WEB_decision_-_Stuart__I1.pdf:students at his former employer, King Edwards VI School, and this contact was sexually ./OFFICIAL_SENSITIVE_-_WEB_decision_-_Stuart__I1.pdf-motivated. It was also alleged that Mr Stuart behaved dishonestly by attempting to ./OFFICIAL_SENSITIVE_-_WEB_decision_-_Stuart__I1.pdf-conceal the fact he had been communicating with pupils at his former school. ./OFFICIAL_SENSITIVE_-_WEB_decision_-_Stuart__I1.pdf- ./OFFICIAL_SENSITIVE_-_WEB_decision_-_Stuart__I1.pdf-Findings of fact ./OFFICIAL_SENSITIVE_-_WEB_decision_-_Stuart__I1.pdf-Our findings of fact are as follows: ./OFFICIAL_SENSITIVE_-_WEB_decision_-_Stuart__I1.pdf- ./OFFICIAL_SENSITIVE_-_WEB_decision_-_Stuart__I1.pdf-The panel has found the following particulars of the allegations against you proven, for ./OFFICIAL_SENSITIVE_-_WEB_decision_-_Stuart__I1.pdf-these reasons: ./OFFICIAL_SENSITIVE_-_WEB_decision_-_Stuart__I1.pdf- ./OFFICIAL_SENSITIVE_-_WEB_decision_-_Stuart__I1.pdf- 1. Sent inappropriate messages to one or more pupils of King Edward VI -- ./OFFICIAL_SENSITIVE_-_WEB_decision_-_Stuart__I1.pdf-The panel had regard to documentary evidence of messages between Mr Stuart and a ./OFFICIAL_SENSITIVE_-_WEB_decision_-_Stuart__I1.pdf-pupil at his former school in which Mr Stuart asked a number of inappropriate questions, ./OFFICIAL_SENSITIVE_-_WEB_decision_-_Stuart__I1.pdf-and made a number of inappropriate comments including those listed within this ./OFFICIAL_SENSITIVE_-_WEB_decision_-_Stuart__I1.pdf-allegation. ./OFFICIAL_SENSITIVE_-_WEB_decision_-_Stuart__I1.pdf- ./OFFICIAL_SENSITIVE_-_WEB_decision_-_Stuart__I1.pdf-The panel noted that Mr Stuart had formerly taught this pupil and was aware that she ./OFFICIAL_SENSITIVE_-_WEB_decision_-_Stuart__I1.pdf-was approaching her GSCE exams at the time of this communication. ./OFFICIAL_SENSITIVE_-_WEB_decision_-_Stuart__I1.pdf- ./OFFICIAL_SENSITIVE_-_WEB_decision_-_Stuart__I1.pdf-The panel found allegation 1 proven on the balance of probabilities. ./OFFICIAL_SENSITIVE_-_WEB_decision_-_Stuart__I1.pdf- ./OFFICIAL_SENSITIVE_-_WEB_decision_-_Stuart__I1.pdf: 2. His conduct as may be found proven at allegation 1 was sexually motivated ./OFFICIAL_SENSITIVE_-_WEB_decision_-_Stuart__I1.pdf- ./OFFICIAL_SENSITIVE_-_WEB_decision_-_Stuart__I1.pdf-The allegation was admitted by the teacher in the Statement of Agreed Facts dated 18 ./OFFICIAL_SENSITIVE_-_WEB_decision_-_Stuart__I1.pdf-January 2018. ./OFFICIAL_SENSITIVE_-_WEB_decision_-_Stuart__I1.pdf- ./OFFICIAL_SENSITIVE_-_WEB_decision_-_Stuart__I1.pdf- ./OFFICIAL_SENSITIVE_-_WEB_decision_-_Stuart__I1.pdf- ./OFFICIAL_SENSITIVE_-_WEB_decision_-_Stuart__I1.pdf- 6 ./OFFICIAL_SENSITIVE_-_WEB_decision_-_Stuart__I1.pdf- -- ./OFFICIAL_SENSITIVE_-_WEB_decision_-_Stuart__I1.pdf-As with all findings of fact, the panel considered this question applying the balance of ./OFFICIAL_SENSITIVE_-_WEB_decision_-_Stuart__I1.pdf-probabilities. The panel considered whether on the balance of probabilities reasonable ./OFFICIAL_SENSITIVE_-_WEB_decision_-_Stuart__I1.pdf:persons would think the words and actions found proven could be sexual. The panel then ./OFFICIAL_SENSITIVE_-_WEB_decision_-_Stuart__I1.pdf-considered whether, in all the circumstances of the conduct in the case, it was more likely ./OFFICIAL_SENSITIVE_-_WEB_decision_-_Stuart__I1.pdf:than not that the teacher’s purpose of such words and actions were sexual. ./OFFICIAL_SENSITIVE_-_WEB_decision_-_Stuart__I1.pdf- ./OFFICIAL_SENSITIVE_-_WEB_decision_-_Stuart__I1.pdf:The panel considered whether, even in the absence of any direct evidence, sexual ./OFFICIAL_SENSITIVE_-_WEB_decision_-_Stuart__I1.pdf-motivation should be inferred from all the circumstances of the case. The panel had in ./OFFICIAL_SENSITIVE_-_WEB_decision_-_Stuart__I1.pdf-mind the evidence of the teacher’s character and considered whether such evidence had ./OFFICIAL_SENSITIVE_-_WEB_decision_-_Stuart__I1.pdf-any bearing on the teacher’s credibility or propensity to have carried out the alleged facts ./OFFICIAL_SENSITIVE_-_WEB_decision_-_Stuart__I1.pdf-or to the circumstances in which the teacher found himself. ./OFFICIAL_SENSITIVE_-_WEB_decision_-_Stuart__I1.pdf- ./OFFICIAL_SENSITIVE_-_WEB_decision_-_Stuart__I1.pdf-The panel found that the tone and nature of the messages from Mr Stuart to his former ./OFFICIAL_SENSITIVE_-_WEB_decision_-_Stuart__I1.pdf:pupil were more likely than not, sexually motivated. ./OFFICIAL_SENSITIVE_-_WEB_decision_-_Stuart__I1.pdf- ./OFFICIAL_SENSITIVE_-_WEB_decision_-_Stuart__I1.pdf-The panel found allegation 2 proven on the balance of probabilities. ./OFFICIAL_SENSITIVE_-_WEB_decision_-_Stuart__I1.pdf- ./OFFICIAL_SENSITIVE_-_WEB_decision_-_Stuart__I1.pdf- 3. His conduct at allegation 1.g. above was dishonest in that he was attempting ./OFFICIAL_SENSITIVE_-_WEB_decision_-_Stuart__I1.pdf- to conceal the fact that he had been communicating with pupils at his former ./OFFICIAL_SENSITIVE_-_WEB_decision_-_Stuart__I1.pdf- employer ./OFFICIAL_SENSITIVE_-_WEB_decision_-_Stuart__I1.pdf- ./OFFICIAL_SENSITIVE_-_WEB_decision_-_Stuart__I1.pdf-The allegation was admitted by the teacher in the Statement of Agreed Facts dated 18 ./OFFICIAL_SENSITIVE_-_WEB_decision_-_Stuart__I1.pdf-January 2018. ./OFFICIAL_SENSITIVE_-_WEB_decision_-_Stuart__I1.pdf- -- ./OFFICIAL_SENSITIVE_-_WEB_decision_-_Stuart__I1.pdf- statutory provisions ./OFFICIAL_SENSITIVE_-_WEB_decision_-_Stuart__I1.pdf-  Teachers must have proper and professional regard for the ethos, policies and ./OFFICIAL_SENSITIVE_-_WEB_decision_-_Stuart__I1.pdf- practices of the school in which they teach… ./OFFICIAL_SENSITIVE_-_WEB_decision_-_Stuart__I1.pdf-  Teachers must have an understanding of, and always act within, the statutory ./OFFICIAL_SENSITIVE_-_WEB_decision_-_Stuart__I1.pdf- frameworks which set out their professional duties and responsibilities. ./OFFICIAL_SENSITIVE_-_WEB_decision_-_Stuart__I1.pdf-The panel is satisfied that the conduct of Mr Stuart amounts to misconduct of a serious ./OFFICIAL_SENSITIVE_-_WEB_decision_-_Stuart__I1.pdf-nature which fell significantly short of the standards expected of the profession. ./OFFICIAL_SENSITIVE_-_WEB_decision_-_Stuart__I1.pdf- ./OFFICIAL_SENSITIVE_-_WEB_decision_-_Stuart__I1.pdf-The panel has also considered whether Mr Stuart’s conduct displayed behaviours ./OFFICIAL_SENSITIVE_-_WEB_decision_-_Stuart__I1.pdf-associated with any of the offences listed on pages 8 and 9 of the Advice and found that ./OFFICIAL_SENSITIVE_-_WEB_decision_-_Stuart__I1.pdf:the offence of sexual activity is relevant. ./OFFICIAL_SENSITIVE_-_WEB_decision_-_Stuart__I1.pdf- ./OFFICIAL_SENSITIVE_-_WEB_decision_-_Stuart__I1.pdf-The Advice indicates that where behaviours associated with such an offence exist, a ./OFFICIAL_SENSITIVE_-_WEB_decision_-_Stuart__I1.pdf-panel is likely to conclude that an individual’s conduct would amount to unacceptable ./OFFICIAL_SENSITIVE_-_WEB_decision_-_Stuart__I1.pdf-professional conduct. ./OFFICIAL_SENSITIVE_-_WEB_decision_-_Stuart__I1.pdf- ./OFFICIAL_SENSITIVE_-_WEB_decision_-_Stuart__I1.pdf-The panel notes that the allegations took place outside of the education setting in that Mr ./OFFICIAL_SENSITIVE_-_WEB_decision_-_Stuart__I1.pdf-Stuart was no longer teaching the pupils he was messaging. ./OFFICIAL_SENSITIVE_-_WEB_decision_-_Stuart__I1.pdf- ./OFFICIAL_SENSITIVE_-_WEB_decision_-_Stuart__I1.pdf-The panel has taken into account how the teaching profession is viewed by others and ./OFFICIAL_SENSITIVE_-_WEB_decision_-_Stuart__I1.pdf-considered the influence that teachers may have on pupils, parents and others in the -- ./OFFICIAL_SENSITIVE_-_WEB_decision_-_Stuart__I1.pdf- ./OFFICIAL_SENSITIVE_-_WEB_decision_-_Stuart__I1.pdf-  serious departure from the personal and professional conduct elements of the ./OFFICIAL_SENSITIVE_-_WEB_decision_-_Stuart__I1.pdf- Teachers’ Standards; ./OFFICIAL_SENSITIVE_-_WEB_decision_-_Stuart__I1.pdf-  misconduct seriously affecting the education and/or well-being of pupils, and ./OFFICIAL_SENSITIVE_-_WEB_decision_-_Stuart__I1.pdf- particularly where there is a continuing risk; ./OFFICIAL_SENSITIVE_-_WEB_decision_-_Stuart__I1.pdf-  a deep-seated attitude that leads to harmful behaviour; ./OFFICIAL_SENSITIVE_-_WEB_decision_-_Stuart__I1.pdf-  abuse of position or trust (particularly involving vulnerable pupils) or violation of the ./OFFICIAL_SENSITIVE_-_WEB_decision_-_Stuart__I1.pdf- rights of pupils; ./OFFICIAL_SENSITIVE_-_WEB_decision_-_Stuart__I1.pdf-  dishonesty especially where there have been serious consequences, and/or it has ./OFFICIAL_SENSITIVE_-_WEB_decision_-_Stuart__I1.pdf- been repeated and/or covered up; ./OFFICIAL_SENSITIVE_-_WEB_decision_-_Stuart__I1.pdf:  sexual misconduct, eg involving actions that were sexually motivated or of a ./OFFICIAL_SENSITIVE_-_WEB_decision_-_Stuart__I1.pdf: sexual nature and/or that use or exploit the trust, knowledge or influence derived ./OFFICIAL_SENSITIVE_-_WEB_decision_-_Stuart__I1.pdf- from the individual’s professional position; ./OFFICIAL_SENSITIVE_-_WEB_decision_-_Stuart__I1.pdf-Even though there were behaviours that would point to a prohibition order being ./OFFICIAL_SENSITIVE_-_WEB_decision_-_Stuart__I1.pdf-appropriate, the panel went on to consider whether or not there were sufficient mitigating ./OFFICIAL_SENSITIVE_-_WEB_decision_-_Stuart__I1.pdf-factors to militate against a prohibition order being an appropriate and proportionate ./OFFICIAL_SENSITIVE_-_WEB_decision_-_Stuart__I1.pdf-measure to impose, particularly taking into account the nature and severity of the ./OFFICIAL_SENSITIVE_-_WEB_decision_-_Stuart__I1.pdf-behaviour in this case. ./OFFICIAL_SENSITIVE_-_WEB_decision_-_Stuart__I1.pdf- ./OFFICIAL_SENSITIVE_-_WEB_decision_-_Stuart__I1.pdf-There was no evidence that the teacher’s actions were not deliberate. Mr Stuart stated that ./OFFICIAL_SENSITIVE_-_WEB_decision_-_Stuart__I1.pdf-his actions were, “a poorly judged moment of madness.” The panel did not accept this ./OFFICIAL_SENSITIVE_-_WEB_decision_-_Stuart__I1.pdf-explanation as the conversation persisted over several days. The panel also noted that Mr -- ./OFFICIAL_SENSITIVE_-_WEB_decision_-_Stuart__I1.pdf-prohibition order should be imposed with immediate effect. ./OFFICIAL_SENSITIVE_-_WEB_decision_-_Stuart__I1.pdf- ./OFFICIAL_SENSITIVE_-_WEB_decision_-_Stuart__I1.pdf-The panel went on to consider whether or not it would be appropriate to recommend that ./OFFICIAL_SENSITIVE_-_WEB_decision_-_Stuart__I1.pdf-a review period of the order should be considered. The panel was mindful that the Advice ./OFFICIAL_SENSITIVE_-_WEB_decision_-_Stuart__I1.pdf-advises that a prohibition order applies for life, but there may be circumstances in any ./OFFICIAL_SENSITIVE_-_WEB_decision_-_Stuart__I1.pdf-given case that may make it appropriate to allow a teacher to apply to have the ./OFFICIAL_SENSITIVE_-_WEB_decision_-_Stuart__I1.pdf-prohibition order reviewed after a specified period of time that may not be less than 2 ./OFFICIAL_SENSITIVE_-_WEB_decision_-_Stuart__I1.pdf-years. ./OFFICIAL_SENSITIVE_-_WEB_decision_-_Stuart__I1.pdf- ./OFFICIAL_SENSITIVE_-_WEB_decision_-_Stuart__I1.pdf-The Advice indicates that there are behaviours that, if proven, would militate against a ./OFFICIAL_SENSITIVE_-_WEB_decision_-_Stuart__I1.pdf:review period being recommended. These behaviours include serious sexual ./OFFICIAL_SENSITIVE_-_WEB_decision_-_Stuart__I1.pdf:misconduct, e.g. where the act was sexually motivated and resulted in or had the ./OFFICIAL_SENSITIVE_-_WEB_decision_-_Stuart__I1.pdf-potential to result in, harm to a person or persons, particularly where the individual has ./OFFICIAL_SENSITIVE_-_WEB_decision_-_Stuart__I1.pdf-used their professional position to influence or exploit a person or persons and serious ./OFFICIAL_SENSITIVE_-_WEB_decision_-_Stuart__I1.pdf:dishonesty. The panel found that Mr Stuart’s actions were sexually motivated and ./OFFICIAL_SENSITIVE_-_WEB_decision_-_Stuart__I1.pdf-capitalised on his previous professional relationship with pupils. The panel further found ./OFFICIAL_SENSITIVE_-_WEB_decision_-_Stuart__I1.pdf-that Mr Stuart acted dishonestly in attempting to conceal his inappropriate messages with ./OFFICIAL_SENSITIVE_-_WEB_decision_-_Stuart__I1.pdf-former pupils. ./OFFICIAL_SENSITIVE_-_WEB_decision_-_Stuart__I1.pdf- ./OFFICIAL_SENSITIVE_-_WEB_decision_-_Stuart__I1.pdf-The panel noted that Mr Stuart demonstrated limited insight into his actions, and in ./OFFICIAL_SENSITIVE_-_WEB_decision_-_Stuart__I1.pdf:particular, initially denied that his actions were sexually motivated until accepting ./OFFICIAL_SENSITIVE_-_WEB_decision_-_Stuart__I1.pdf-responsibility within his Statement of Agreed Facts in January 2018. ./OFFICIAL_SENSITIVE_-_WEB_decision_-_Stuart__I1.pdf- ./OFFICIAL_SENSITIVE_-_WEB_decision_-_Stuart__I1.pdf-The panel felt the findings indicated a situation in which a review period would not be ./OFFICIAL_SENSITIVE_-_WEB_decision_-_Stuart__I1.pdf-appropriate and as such decided that it would be proportionate in all the circumstances ./OFFICIAL_SENSITIVE_-_WEB_decision_-_Stuart__I1.pdf-for the prohibition order to be recommended without provisions for a review period. ./OFFICIAL_SENSITIVE_-_WEB_decision_-_Stuart__I1.pdf- ./OFFICIAL_SENSITIVE_-_WEB_decision_-_Stuart__I1.pdf- ./OFFICIAL_SENSITIVE_-_WEB_decision_-_Stuart__I1.pdf-Decision and reasons on behalf of the Secretary of State ./OFFICIAL_SENSITIVE_-_WEB_decision_-_Stuart__I1.pdf-I have given very careful consideration to this case and to the recommendation of the ./OFFICIAL_SENSITIVE_-_WEB_decision_-_Stuart__I1.pdf-panel in respect of sanction and review period. -- ./OFFICIAL_SENSITIVE_-_WEB_decision_-_Stuart__I1.pdf- statutory provisions ./OFFICIAL_SENSITIVE_-_WEB_decision_-_Stuart__I1.pdf-  Teachers must have proper and professional regard for the ethos, policies and ./OFFICIAL_SENSITIVE_-_WEB_decision_-_Stuart__I1.pdf- practices of the school in which they teach… ./OFFICIAL_SENSITIVE_-_WEB_decision_-_Stuart__I1.pdf-  Teachers must have an understanding of, and always act within, the statutory ./OFFICIAL_SENSITIVE_-_WEB_decision_-_Stuart__I1.pdf- frameworks which set out their professional duties and responsibilities. ./OFFICIAL_SENSITIVE_-_WEB_decision_-_Stuart__I1.pdf-The panel is satisfied that the conduct of Mr Stuart amounts to misconduct of a serious ./OFFICIAL_SENSITIVE_-_WEB_decision_-_Stuart__I1.pdf-nature which fell significantly short of the standards expected of the profession. ./OFFICIAL_SENSITIVE_-_WEB_decision_-_Stuart__I1.pdf- ./OFFICIAL_SENSITIVE_-_WEB_decision_-_Stuart__I1.pdf-The panel has also considered whether Mr Stuart’s conduct displayed behaviours ./OFFICIAL_SENSITIVE_-_WEB_decision_-_Stuart__I1.pdf-associated with any of the offences listed on pages 8 and 9 of the Advice and found that ./OFFICIAL_SENSITIVE_-_WEB_decision_-_Stuart__I1.pdf:the offence of sexual activity is relevant. ./OFFICIAL_SENSITIVE_-_WEB_decision_-_Stuart__I1.pdf- ./OFFICIAL_SENSITIVE_-_WEB_decision_-_Stuart__I1.pdf:The findings of misconduct are particularly serious as they include a finding of sexual ./OFFICIAL_SENSITIVE_-_WEB_decision_-_Stuart__I1.pdf-misconduct. ./OFFICIAL_SENSITIVE_-_WEB_decision_-_Stuart__I1.pdf- ./OFFICIAL_SENSITIVE_-_WEB_decision_-_Stuart__I1.pdf-I have to determine whether the imposition of a prohibition order is proportionate and in ./OFFICIAL_SENSITIVE_-_WEB_decision_-_Stuart__I1.pdf-the public interest. In considering that for this case I have considered the overall aim of a ./OFFICIAL_SENSITIVE_-_WEB_decision_-_Stuart__I1.pdf-prohibition order which is to protect pupils and to maintain public confidence in the ./OFFICIAL_SENSITIVE_-_WEB_decision_-_Stuart__I1.pdf-profession. I have considered the extent to which a prohibition order in this case would ./OFFICIAL_SENSITIVE_-_WEB_decision_-_Stuart__I1.pdf-achieve that aim taking into account the impact that it will have on the individual teacher. ./OFFICIAL_SENSITIVE_-_WEB_decision_-_Stuart__I1.pdf-I have also asked myself whether or not a less intrusive measure, such as the published ./OFFICIAL_SENSITIVE_-_WEB_decision_-_Stuart__I1.pdf-finding of unacceptable professional conduct and conduct that may bring the profession ./OFFICIAL_SENSITIVE_-_WEB_decision_-_Stuart__I1.pdf-into disrepute, would itself be sufficient to achieve the overall aim. I have to consider -- ./OFFICIAL_SENSITIVE_-_WEB_decision_-_Stuart__I1.pdf-children. The panel has observed “findings against Mr Stuart which involved sending ./OFFICIAL_SENSITIVE_-_WEB_decision_-_Stuart__I1.pdf-inappropriate private messages to former pupils, one of whom was under the age of 16, ./OFFICIAL_SENSITIVE_-_WEB_decision_-_Stuart__I1.pdf-there is a strong public interest consideration in respect of the protection of pupils given ./OFFICIAL_SENSITIVE_-_WEB_decision_-_Stuart__I1.pdf-the serious findings of inappropriate contact with former pupils. The panel considered ./OFFICIAL_SENSITIVE_-_WEB_decision_-_Stuart__I1.pdf-that Mr Stuart’s behaviour was exacerbated by using his private tutoring business as a ./OFFICIAL_SENSITIVE_-_WEB_decision_-_Stuart__I1.pdf-means of contacting his former pupils.” ./OFFICIAL_SENSITIVE_-_WEB_decision_-_Stuart__I1.pdf- ./OFFICIAL_SENSITIVE_-_WEB_decision_-_Stuart__I1.pdf-A prohibition order would therefore prevent such a risk from being present in the future. I ./OFFICIAL_SENSITIVE_-_WEB_decision_-_Stuart__I1.pdf-have also taken into account the panel’s comments on insight and remorse which the ./OFFICIAL_SENSITIVE_-_WEB_decision_-_Stuart__I1.pdf-panel sets out as follows, “Mr Stuart demonstrated limited insight into his actions, and in ./OFFICIAL_SENSITIVE_-_WEB_decision_-_Stuart__I1.pdf:particular, initially denied that his actions were sexually motivated until accepting ./OFFICIAL_SENSITIVE_-_WEB_decision_-_Stuart__I1.pdf-responsibility within his Statement of Agreed Facts in January 2018.” ./OFFICIAL_SENSITIVE_-_WEB_decision_-_Stuart__I1.pdf- ./OFFICIAL_SENSITIVE_-_WEB_decision_-_Stuart__I1.pdf-In my judgement the lack of insight means that there is some risk of the repetition of this ./OFFICIAL_SENSITIVE_-_WEB_decision_-_Stuart__I1.pdf-behaviour and this risks the future well-being of pupils. I have therefore given this ./OFFICIAL_SENSITIVE_-_WEB_decision_-_Stuart__I1.pdf-element considerable weight in reaching my decision. ./OFFICIAL_SENSITIVE_-_WEB_decision_-_Stuart__I1.pdf- ./OFFICIAL_SENSITIVE_-_WEB_decision_-_Stuart__I1.pdf-I have gone on to consider the extent to which a prohibition order would maintain public ./OFFICIAL_SENSITIVE_-_WEB_decision_-_Stuart__I1.pdf-confidence in the profession. The panel observe that the “findings of misconduct are ./OFFICIAL_SENSITIVE_-_WEB_decision_-_Stuart__I1.pdf-serious and the conduct displayed would likely have a negative impact on the individual’s ./OFFICIAL_SENSITIVE_-_WEB_decision_-_Stuart__I1.pdf-status as a teacher, potentially damaging the public perception.” ./OFFICIAL_SENSITIVE_-_WEB_decision_-_Stuart__I1.pdf- ./OFFICIAL_SENSITIVE_-_WEB_decision_-_Stuart__I1.pdf:I am particularly mindful of the finding of sexual misconduct and dishonesty in this case ./OFFICIAL_SENSITIVE_-_WEB_decision_-_Stuart__I1.pdf-and the impact that such a finding has on the reputation of the profession. ./OFFICIAL_SENSITIVE_-_WEB_decision_-_Stuart__I1.pdf- ./OFFICIAL_SENSITIVE_-_WEB_decision_-_Stuart__I1.pdf-I have had to consider that the public has a high expectation of professional standards of ./OFFICIAL_SENSITIVE_-_WEB_decision_-_Stuart__I1.pdf-all teachers and that failure to impose a prohibition order might be regarded by the public ./OFFICIAL_SENSITIVE_-_WEB_decision_-_Stuart__I1.pdf-as a failure to uphold those high standards. In weighing these considerations I have had ./OFFICIAL_SENSITIVE_-_WEB_decision_-_Stuart__I1.pdf-to consider the matter from the point of view of an “ordinary intelligent and well-informed ./OFFICIAL_SENSITIVE_-_WEB_decision_-_Stuart__I1.pdf-citizen.” ./OFFICIAL_SENSITIVE_-_WEB_decision_-_Stuart__I1.pdf- ./OFFICIAL_SENSITIVE_-_WEB_decision_-_Stuart__I1.pdf-I have considered whether the publication of a finding of unacceptable professional ./OFFICIAL_SENSITIVE_-_WEB_decision_-_Stuart__I1.pdf-conduct, in the absence of a prohibition order, can itself be regarded by such a person as -- ./OFFICIAL_SENSITIVE_-_WEB_decision_-_Stuart__I1.pdf-recommended that there should be no provision for a prohibition order. ./OFFICIAL_SENSITIVE_-_WEB_decision_-_Stuart__I1.pdf- ./OFFICIAL_SENSITIVE_-_WEB_decision_-_Stuart__I1.pdf-I have considered the panel’s comments on this case which are set out above. I have also ./OFFICIAL_SENSITIVE_-_WEB_decision_-_Stuart__I1.pdf-noted that “ Mr Stuart had previously been referred to the LADO for a safeguarding concern ./OFFICIAL_SENSITIVE_-_WEB_decision_-_Stuart__I1.pdf-in 2009.” ./OFFICIAL_SENSITIVE_-_WEB_decision_-_Stuart__I1.pdf- ./OFFICIAL_SENSITIVE_-_WEB_decision_-_Stuart__I1.pdf-I have considered whether allowing for no review period reflects the seriousness of the ./OFFICIAL_SENSITIVE_-_WEB_decision_-_Stuart__I1.pdf-findings and is proportionate to achieve the aim of maintaining public confidence in the ./OFFICIAL_SENSITIVE_-_WEB_decision_-_Stuart__I1.pdf-profession. In this case, there are three factors that in my view mean that allowing for no ./OFFICIAL_SENSITIVE_-_WEB_decision_-_Stuart__I1.pdf-review period is necessary to achieve the aim of maintaining public confidence in the ./OFFICIAL_SENSITIVE_-_WEB_decision_-_Stuart__I1.pdf:profession. These elements are the sexual misconduct, the dishonesty and the lack of ./OFFICIAL_SENSITIVE_-_WEB_decision_-_Stuart__I1.pdf-appropriate insight or remorse. ./OFFICIAL_SENSITIVE_-_WEB_decision_-_Stuart__I1.pdf- ./OFFICIAL_SENSITIVE_-_WEB_decision_-_Stuart__I1.pdf-I consider therefore that allowing for no review period is required to satisfy the ./OFFICIAL_SENSITIVE_-_WEB_decision_-_Stuart__I1.pdf-maintenance of public confidence in the profession. ./OFFICIAL_SENSITIVE_-_WEB_decision_-_Stuart__I1.pdf- ./OFFICIAL_SENSITIVE_-_WEB_decision_-_Stuart__I1.pdf-This means that Mr Ian Stuart is prohibited from teaching indefinitely and cannot ./OFFICIAL_SENSITIVE_-_WEB_decision_-_Stuart__I1.pdf-teach in any school, sixth form college, relevant youth accommodation or ./OFFICIAL_SENSITIVE_-_WEB_decision_-_Stuart__I1.pdf-children’s home in England. Furthermore, in view of the seriousness of the allegations ./OFFICIAL_SENSITIVE_-_WEB_decision_-_Stuart__I1.pdf-found proved against him, I have decided that Mr Ian Stuart shall not be entitled to apply ./OFFICIAL_SENSITIVE_-_WEB_decision_-_Stuart__I1.pdf-for restoration of his eligibility to teach. ./OFFICIAL_SENSITIVE_-_Web_Decision_-_Turnbull_W1.pdf- ./OFFICIAL_SENSITIVE_-_Web_Decision_-_Turnbull_W1.pdf- a. corresponded with Pupil A by text message; ./OFFICIAL_SENSITIVE_-_Web_Decision_-_Turnbull_W1.pdf- ./OFFICIAL_SENSITIVE_-_Web_Decision_-_Turnbull_W1.pdf- b. accepted a watercolour picture and/or a poem as gifts from Pupil A; ./OFFICIAL_SENSITIVE_-_Web_Decision_-_Turnbull_W1.pdf- ./OFFICIAL_SENSITIVE_-_Web_Decision_-_Turnbull_W1.pdf- c. gave a lift to Pupil A in his car on one or more occasions; ./OFFICIAL_SENSITIVE_-_Web_Decision_-_Turnbull_W1.pdf- ./OFFICIAL_SENSITIVE_-_Web_Decision_-_Turnbull_W1.pdf- d. met with Pupil A while she was unsupervised outside of School on one ./OFFICIAL_SENSITIVE_-_Web_Decision_-_Turnbull_W1.pdf- occasion or more; ./OFFICIAL_SENSITIVE_-_Web_Decision_-_Turnbull_W1.pdf- ./OFFICIAL_SENSITIVE_-_Web_Decision_-_Turnbull_W1.pdf: e. engaged in sexual activity with Pupil A on one occasion or more. ./OFFICIAL_SENSITIVE_-_Web_Decision_-_Turnbull_W1.pdf- ./OFFICIAL_SENSITIVE_-_Web_Decision_-_Turnbull_W1.pdf: 2. His conduct as may be found proven at allegation 1 was sexually motivated. ./OFFICIAL_SENSITIVE_-_Web_Decision_-_Turnbull_W1.pdf- ./OFFICIAL_SENSITIVE_-_Web_Decision_-_Turnbull_W1.pdf-All of the allegations were denied by Mr Turnbull by way of his response to the Notice of ./OFFICIAL_SENSITIVE_-_Web_Decision_-_Turnbull_W1.pdf-Proceeedings Form dated 7th August 2018. ./OFFICIAL_SENSITIVE_-_Web_Decision_-_Turnbull_W1.pdf- ./OFFICIAL_SENSITIVE_-_Web_Decision_-_Turnbull_W1.pdf- ./OFFICIAL_SENSITIVE_-_Web_Decision_-_Turnbull_W1.pdf-C. Preliminary applications ./OFFICIAL_SENSITIVE_-_Web_Decision_-_Turnbull_W1.pdf-There were a number of preliminary applications. ./OFFICIAL_SENSITIVE_-_Web_Decision_-_Turnbull_W1.pdf- ./OFFICIAL_SENSITIVE_-_Web_Decision_-_Turnbull_W1.pdf-i) Mr Turnbull was not present and not represented. He had indicated that this would be ./OFFICIAL_SENSITIVE_-_Web_Decision_-_Turnbull_W1.pdf- the position in his Notice of Proceedings response. He had not offered any reason for -- ./OFFICIAL_SENSITIVE_-_Web_Decision_-_Turnbull_W1.pdf-The panel announced its decision and reasons as follows: ./OFFICIAL_SENSITIVE_-_Web_Decision_-_Turnbull_W1.pdf- ./OFFICIAL_SENSITIVE_-_Web_Decision_-_Turnbull_W1.pdf-The panel has carefully considered the case before us and have reached a decision. ./OFFICIAL_SENSITIVE_-_Web_Decision_-_Turnbull_W1.pdf- ./OFFICIAL_SENSITIVE_-_Web_Decision_-_Turnbull_W1.pdf-The panel confirms that it has read all the documents provided in the bundle in advance ./OFFICIAL_SENSITIVE_-_Web_Decision_-_Turnbull_W1.pdf-of the hearing. ./OFFICIAL_SENSITIVE_-_Web_Decision_-_Turnbull_W1.pdf- ./OFFICIAL_SENSITIVE_-_Web_Decision_-_Turnbull_W1.pdf-This is a case in which it is alleged that the teacher Mr Turnbull developed a personal ./OFFICIAL_SENSITIVE_-_Web_Decision_-_Turnbull_W1.pdf-relationship with one of his pupils. He exchanged hundreds of text messages with her, ./OFFICIAL_SENSITIVE_-_Web_Decision_-_Turnbull_W1.pdf-bought her a gift and spent time alone with her in his car and at other locations. The ./OFFICIAL_SENSITIVE_-_Web_Decision_-_Turnbull_W1.pdf:relationship then became a sexual relationship which it is alleged is evidenced by way of ./OFFICIAL_SENSITIVE_-_Web_Decision_-_Turnbull_W1.pdf- ./OFFICIAL_SENSITIVE_-_Web_Decision_-_Turnbull_W1.pdf- ./OFFICIAL_SENSITIVE_-_Web_Decision_-_Turnbull_W1.pdf- ./OFFICIAL_SENSITIVE_-_Web_Decision_-_Turnbull_W1.pdf- 6 ./OFFICIAL_SENSITIVE_-_Web_Decision_-_Turnbull_W1.pdf- -- ./OFFICIAL_SENSITIVE_-_Web_Decision_-_Turnbull_W1.pdf-text messages exchanged by the teacher and the pupil in which they describe their ./OFFICIAL_SENSITIVE_-_Web_Decision_-_Turnbull_W1.pdf:sexual contact. ./OFFICIAL_SENSITIVE_-_Web_Decision_-_Turnbull_W1.pdf- ./OFFICIAL_SENSITIVE_-_Web_Decision_-_Turnbull_W1.pdf-Findings of fact ./OFFICIAL_SENSITIVE_-_Web_Decision_-_Turnbull_W1.pdf-Our findings of fact are as follows: ./OFFICIAL_SENSITIVE_-_Web_Decision_-_Turnbull_W1.pdf- ./OFFICIAL_SENSITIVE_-_Web_Decision_-_Turnbull_W1.pdf-The panel has found the following particulars of the allegations against you proven, for ./OFFICIAL_SENSITIVE_-_Web_Decision_-_Turnbull_W1.pdf-these reasons: ./OFFICIAL_SENSITIVE_-_Web_Decision_-_Turnbull_W1.pdf- ./OFFICIAL_SENSITIVE_-_Web_Decision_-_Turnbull_W1.pdf-Whilst employed as a Form Tutor and Mathematics Teacher at The Grove School ./OFFICIAL_SENSITIVE_-_Web_Decision_-_Turnbull_W1.pdf-Market Drayton ('the school') from 1st September 2008 to 27th March 2017: ./OFFICIAL_SENSITIVE_-_Web_Decision_-_Turnbull_W1.pdf- ./OFFICIAL_SENSITIVE_-_Web_Decision_-_Turnbull_W1.pdf- 1. You failed to maintain appropriate professional boundaries toward and/or ./OFFICIAL_SENSITIVE_-_Web_Decision_-_Turnbull_W1.pdf- engaged in an inappropriate relationship with Pupil A, in or around the ./OFFICIAL_SENSITIVE_-_Web_Decision_-_Turnbull_W1.pdf- period 6 May 2016 to 2 February 2017, including in that you: ./OFFICIAL_SENSITIVE_-_Web_Decision_-_Turnbull_W1.pdf- ./OFFICIAL_SENSITIVE_-_Web_Decision_-_Turnbull_W1.pdf- a. corresponded with Pupil A by text message; ./OFFICIAL_SENSITIVE_-_Web_Decision_-_Turnbull_W1.pdf- ./OFFICIAL_SENSITIVE_-_Web_Decision_-_Turnbull_W1.pdf-The panel finds this allegation proved. Mr Turnbull fully admitted in his first police ./OFFICIAL_SENSITIVE_-_Web_Decision_-_Turnbull_W1.pdf-interview that such text messages were exchanged between him and Pupil A. He ./OFFICIAL_SENSITIVE_-_Web_Decision_-_Turnbull_W1.pdf-obtained Pupil A's number from another student and he states himself that the text ./OFFICIAL_SENSITIVE_-_Web_Decision_-_Turnbull_W1.pdf-messages included exchanges of a personal nature and that over time they became of a ./OFFICIAL_SENSITIVE_-_Web_Decision_-_Turnbull_W1.pdf:flirty and suggestive sexual nature. ./OFFICIAL_SENSITIVE_-_Web_Decision_-_Turnbull_W1.pdf- ./OFFICIAL_SENSITIVE_-_Web_Decision_-_Turnbull_W1.pdf-The panel has seen a large volume of print outs of the hundreds of text messages ./OFFICIAL_SENSITIVE_-_Web_Decision_-_Turnbull_W1.pdf-exchanged between them. The panel are entirely satisfied, on the basis of Mr Turnbull's ./OFFICIAL_SENSITIVE_-_Web_Decision_-_Turnbull_W1.pdf-admission and the evidence of the police officer from whom we have heard evidence, ./OFFICIAL_SENSITIVE_-_Web_Decision_-_Turnbull_W1.pdf-that these definitely are records of exchanges between Mr Turnbull and Pupil A. ./OFFICIAL_SENSITIVE_-_Web_Decision_-_Turnbull_W1.pdf- ./OFFICIAL_SENSITIVE_-_Web_Decision_-_Turnbull_W1.pdf- b. accepted a watercolour picture and/or a poem as gifts from Pupil A; ./OFFICIAL_SENSITIVE_-_Web_Decision_-_Turnbull_W1.pdf- ./OFFICIAL_SENSITIVE_-_Web_Decision_-_Turnbull_W1.pdf-The panel finds this allegation proved. Mr Turnbull admitted in his first police interview ./OFFICIAL_SENSITIVE_-_Web_Decision_-_Turnbull_W1.pdf-that he received the watercolour picture from Pupil A and that the poem 'could' have been -- ./OFFICIAL_SENSITIVE_-_Web_Decision_-_Turnbull_W1.pdf-in which she states that she saw Pupil A alone with Mr Turnbull in his car. ./OFFICIAL_SENSITIVE_-_Web_Decision_-_Turnbull_W1.pdf- ./OFFICIAL_SENSITIVE_-_Web_Decision_-_Turnbull_W1.pdf- e. met with Pupil A while she was unsupervised outside of School on ./OFFICIAL_SENSITIVE_-_Web_Decision_-_Turnbull_W1.pdf- one occasion or more; ./OFFICIAL_SENSITIVE_-_Web_Decision_-_Turnbull_W1.pdf- ./OFFICIAL_SENSITIVE_-_Web_Decision_-_Turnbull_W1.pdf-The panel finds this allegation proved. Mr Turnbull admitted these facts during his first ./OFFICIAL_SENSITIVE_-_Web_Decision_-_Turnbull_W1.pdf-police interview. Furthermore, Pupil C saw them arrive together at the pub on the ./OFFICIAL_SENSITIVE_-_Web_Decision_-_Turnbull_W1.pdf-occasion described above. She also saw them alone together on Shrewsbury High Street ./OFFICIAL_SENSITIVE_-_Web_Decision_-_Turnbull_W1.pdf-on one occasion. ./OFFICIAL_SENSITIVE_-_Web_Decision_-_Turnbull_W1.pdf- ./OFFICIAL_SENSITIVE_-_Web_Decision_-_Turnbull_W1.pdf: f. engaged in sexual activity with Pupil A on one occasion or more. ./OFFICIAL_SENSITIVE_-_Web_Decision_-_Turnbull_W1.pdf- ./OFFICIAL_SENSITIVE_-_Web_Decision_-_Turnbull_W1.pdf-The panel finds this allegation proved. It is clear from the text message records that Mr ./OFFICIAL_SENSITIVE_-_Web_Decision_-_Turnbull_W1.pdf:Turnbull's relationship with Pupil A involved sexual contact in addition to sexual ./OFFICIAL_SENSITIVE_-_Web_Decision_-_Turnbull_W1.pdf:references in text messages. The reference to their sexual contact is worded in such a ./OFFICIAL_SENSITIVE_-_Web_Decision_-_Turnbull_W1.pdf-way that it is clearly not fantasy or proposal – it is a description of what they have done ./OFFICIAL_SENSITIVE_-_Web_Decision_-_Turnbull_W1.pdf:together in a sexual way. It is in the past tense which is crucial. Examples include the ./OFFICIAL_SENSITIVE_-_Web_Decision_-_Turnbull_W1.pdf-exchange in bundle B at page 19 where Mr Turnbull says [REDACTED]. ./OFFICIAL_SENSITIVE_-_Web_Decision_-_Turnbull_W1.pdf- ./OFFICIAL_SENSITIVE_-_Web_Decision_-_Turnbull_W1.pdf-The probative value of the evidence above far outweighs the value of Pupil A's short ./OFFICIAL_SENSITIVE_-_Web_Decision_-_Turnbull_W1.pdf:signed statement that she did not partake in a sexual relationship with Mr Turnbull. We ./OFFICIAL_SENSITIVE_-_Web_Decision_-_Turnbull_W1.pdf-reject Pupil A's statement as unreliable. It was not tested under oath and entirely ./OFFICIAL_SENSITIVE_-_Web_Decision_-_Turnbull_W1.pdf-contradicts the content of the text message exchanges between Mr Turnbull and Pupil A. ./OFFICIAL_SENSITIVE_-_Web_Decision_-_Turnbull_W1.pdf- ./OFFICIAL_SENSITIVE_-_Web_Decision_-_Turnbull_W1.pdf: 2. Your conduct as may be found proven at allegation 1 was sexually ./OFFICIAL_SENSITIVE_-_Web_Decision_-_Turnbull_W1.pdf- motivated. ./OFFICIAL_SENSITIVE_-_Web_Decision_-_Turnbull_W1.pdf- ./OFFICIAL_SENSITIVE_-_Web_Decision_-_Turnbull_W1.pdf-The panel finds this allegation proved. It must follow from the above findings that Mr ./OFFICIAL_SENSITIVE_-_Web_Decision_-_Turnbull_W1.pdf:Turnbull's actions were sexually motivated. The panel has found that Mr Turnbull and ./OFFICIAL_SENSITIVE_-_Web_Decision_-_Turnbull_W1.pdf:Pupil A had a sexual relationship. ./OFFICIAL_SENSITIVE_-_Web_Decision_-_Turnbull_W1.pdf- ./OFFICIAL_SENSITIVE_-_Web_Decision_-_Turnbull_W1.pdf-It plainly follows that the panel finds the preamble to the factual particulars proved. A ./OFFICIAL_SENSITIVE_-_Web_Decision_-_Turnbull_W1.pdf-relationship between teacher and pupil that features any of the above communications or ./OFFICIAL_SENSITIVE_-_Web_Decision_-_Turnbull_W1.pdf-events is inappropriate and represents a relationship well beyond acceptable ./OFFICIAL_SENSITIVE_-_Web_Decision_-_Turnbull_W1.pdf-professional boundaries. ./OFFICIAL_SENSITIVE_-_Web_Decision_-_Turnbull_W1.pdf- ./OFFICIAL_SENSITIVE_-_Web_Decision_-_Turnbull_W1.pdf- ./OFFICIAL_SENSITIVE_-_Web_Decision_-_Turnbull_W1.pdf- ./OFFICIAL_SENSITIVE_-_Web_Decision_-_Turnbull_W1.pdf- ./OFFICIAL_SENSITIVE_-_Web_Decision_-_Turnbull_W1.pdf- 8 -- ./OFFICIAL_SENSITIVE_-_Web_Decision_-_Turnbull_W1.pdf-  Teachers must have proper and professional regard for the ethos, policies and ./OFFICIAL_SENSITIVE_-_Web_Decision_-_Turnbull_W1.pdf- practices of the school in which they teach…… ./OFFICIAL_SENSITIVE_-_Web_Decision_-_Turnbull_W1.pdf-  Teachers must have an understanding of, and always act within, the statutory ./OFFICIAL_SENSITIVE_-_Web_Decision_-_Turnbull_W1.pdf- frameworks which set out their professional duties and responsibilities. ./OFFICIAL_SENSITIVE_-_Web_Decision_-_Turnbull_W1.pdf-The panel is satisfied that the conduct of Mr Turnbull amounts to misconduct of a serious ./OFFICIAL_SENSITIVE_-_Web_Decision_-_Turnbull_W1.pdf-nature which fell significantly short of the standards expected of the profession. ./OFFICIAL_SENSITIVE_-_Web_Decision_-_Turnbull_W1.pdf- ./OFFICIAL_SENSITIVE_-_Web_Decision_-_Turnbull_W1.pdf-The panel has also considered whether Mr Turnbull's conduct displayed behaviours ./OFFICIAL_SENSITIVE_-_Web_Decision_-_Turnbull_W1.pdf-associated with any of the offences listed in the Advice. ./OFFICIAL_SENSITIVE_-_Web_Decision_-_Turnbull_W1.pdf- ./OFFICIAL_SENSITIVE_-_Web_Decision_-_Turnbull_W1.pdf:The panel has found that the offence of sexual activity (in this case with a pupil) is ./OFFICIAL_SENSITIVE_-_Web_Decision_-_Turnbull_W1.pdf-relevant. ./OFFICIAL_SENSITIVE_-_Web_Decision_-_Turnbull_W1.pdf- ./OFFICIAL_SENSITIVE_-_Web_Decision_-_Turnbull_W1.pdf-The Advice indicates that where behaviours associated with such an offence exist, a ./OFFICIAL_SENSITIVE_-_Web_Decision_-_Turnbull_W1.pdf-panel is likely to conclude that an individual’s conduct would amount to unacceptable ./OFFICIAL_SENSITIVE_-_Web_Decision_-_Turnbull_W1.pdf-professional conduct. ./OFFICIAL_SENSITIVE_-_Web_Decision_-_Turnbull_W1.pdf- ./OFFICIAL_SENSITIVE_-_Web_Decision_-_Turnbull_W1.pdf-Mr Turnbull met with one of his pupils alone outside school, bought a gift for her, ./OFFICIAL_SENSITIVE_-_Web_Decision_-_Turnbull_W1.pdf:exchanged hundreds of text messages with her and embarked on a sexual relationship ./OFFICIAL_SENSITIVE_-_Web_Decision_-_Turnbull_W1.pdf-with her. Their relationship went far beyond acceptable professional boundaries and ./OFFICIAL_SENSITIVE_-_Web_Decision_-_Turnbull_W1.pdf-clearly involved misconduct of a serious nature that fell very significantly short of the ./OFFICIAL_SENSITIVE_-_Web_Decision_-_Turnbull_W1.pdf-standard of behaviour expected of a teacher. ./OFFICIAL_SENSITIVE_-_Web_Decision_-_Turnbull_W1.pdf- ./OFFICIAL_SENSITIVE_-_Web_Decision_-_Turnbull_W1.pdf- ./OFFICIAL_SENSITIVE_-_Web_Decision_-_Turnbull_W1.pdf- 9 ./OFFICIAL_SENSITIVE_-_Web_Decision_-_Turnbull_W1.pdf- -- ./OFFICIAL_SENSITIVE_-_Web_Decision_-_Turnbull_W1.pdf-measure, and whether it is in the public interest to do so. Prohibition orders should not be ./OFFICIAL_SENSITIVE_-_Web_Decision_-_Turnbull_W1.pdf-given in order to be punitive, or to show that blame has been apportioned, although they ./OFFICIAL_SENSITIVE_-_Web_Decision_-_Turnbull_W1.pdf-are likely to have punitive effect. ./OFFICIAL_SENSITIVE_-_Web_Decision_-_Turnbull_W1.pdf- ./OFFICIAL_SENSITIVE_-_Web_Decision_-_Turnbull_W1.pdf-The panel has considered the particular public interest considerations set out in the ./OFFICIAL_SENSITIVE_-_Web_Decision_-_Turnbull_W1.pdf-Advice and having done so has found a number of them to be relevant in this case, ./OFFICIAL_SENSITIVE_-_Web_Decision_-_Turnbull_W1.pdf-namely: the protection of pupils/the protection of other members of the public/the ./OFFICIAL_SENSITIVE_-_Web_Decision_-_Turnbull_W1.pdf-maintenance of public confidence in the profession/declaring and upholding proper ./OFFICIAL_SENSITIVE_-_Web_Decision_-_Turnbull_W1.pdf-standards of conduct. ./OFFICIAL_SENSITIVE_-_Web_Decision_-_Turnbull_W1.pdf- ./OFFICIAL_SENSITIVE_-_Web_Decision_-_Turnbull_W1.pdf:In light of the panel’s findings against Mr Turnbull, which involved him forming a sexual ./OFFICIAL_SENSITIVE_-_Web_Decision_-_Turnbull_W1.pdf-relationship with one of his pupils, there is a strong public interest consideration in ./OFFICIAL_SENSITIVE_-_Web_Decision_-_Turnbull_W1.pdf:respect of the protection of pupils given the serious findings of an inappropriate sexual ./OFFICIAL_SENSITIVE_-_Web_Decision_-_Turnbull_W1.pdf-relationship with a pupil. ./OFFICIAL_SENSITIVE_-_Web_Decision_-_Turnbull_W1.pdf- ./OFFICIAL_SENSITIVE_-_Web_Decision_-_Turnbull_W1.pdf-Similarly, the panel considers that public confidence in the profession could be seriously ./OFFICIAL_SENSITIVE_-_Web_Decision_-_Turnbull_W1.pdf-weakened if conduct such as that found against Mr Turnbull were not treated with the ./OFFICIAL_SENSITIVE_-_Web_Decision_-_Turnbull_W1.pdf-utmost seriousness when regulating the conduct of the profession. ./OFFICIAL_SENSITIVE_-_Web_Decision_-_Turnbull_W1.pdf- ./OFFICIAL_SENSITIVE_-_Web_Decision_-_Turnbull_W1.pdf- ./OFFICIAL_SENSITIVE_-_Web_Decision_-_Turnbull_W1.pdf- ./OFFICIAL_SENSITIVE_-_Web_Decision_-_Turnbull_W1.pdf- ./OFFICIAL_SENSITIVE_-_Web_Decision_-_Turnbull_W1.pdf- 10 -- ./OFFICIAL_SENSITIVE_-_Web_Decision_-_Turnbull_W1.pdf-considerations both in favour of and against prohibition as well as the interests of Mr ./OFFICIAL_SENSITIVE_-_Web_Decision_-_Turnbull_W1.pdf-Turnbull. The panel took further account of the Advice, which suggests that a prohibition ./OFFICIAL_SENSITIVE_-_Web_Decision_-_Turnbull_W1.pdf-order may be appropriate if certain behaviours of a teacher have been proven. In the list ./OFFICIAL_SENSITIVE_-_Web_Decision_-_Turnbull_W1.pdf-of such behaviours, those that are relevant in this case are: ./OFFICIAL_SENSITIVE_-_Web_Decision_-_Turnbull_W1.pdf- ./OFFICIAL_SENSITIVE_-_Web_Decision_-_Turnbull_W1.pdf-  serious departure from the personal and professional conduct elements of the ./OFFICIAL_SENSITIVE_-_Web_Decision_-_Turnbull_W1.pdf- Teachers’ Standards; ./OFFICIAL_SENSITIVE_-_Web_Decision_-_Turnbull_W1.pdf-  misconduct seriously affecting the education and/or well-being of pupils, and ./OFFICIAL_SENSITIVE_-_Web_Decision_-_Turnbull_W1.pdf- particularly where there is a continuing risk; ./OFFICIAL_SENSITIVE_-_Web_Decision_-_Turnbull_W1.pdf-  abuse of position or trust; ./OFFICIAL_SENSITIVE_-_Web_Decision_-_Turnbull_W1.pdf:  sexual misconduct, e.g. involving actions that were sexually motivated or of a ./OFFICIAL_SENSITIVE_-_Web_Decision_-_Turnbull_W1.pdf: sexual nature and/or that use or exploit the trust, knowledge or influence derived ./OFFICIAL_SENSITIVE_-_Web_Decision_-_Turnbull_W1.pdf- from the individual’s professional position; ./OFFICIAL_SENSITIVE_-_Web_Decision_-_Turnbull_W1.pdf-Even though there were behaviours that would point to a prohibition order being ./OFFICIAL_SENSITIVE_-_Web_Decision_-_Turnbull_W1.pdf-appropriate, the panel went on to consider whether or not there were sufficient mitigating ./OFFICIAL_SENSITIVE_-_Web_Decision_-_Turnbull_W1.pdf-factors to militate against a prohibition order being an appropriate and proportionate ./OFFICIAL_SENSITIVE_-_Web_Decision_-_Turnbull_W1.pdf-measure to impose, particularly taking into account the nature and severity of the ./OFFICIAL_SENSITIVE_-_Web_Decision_-_Turnbull_W1.pdf-behaviour in this case. ./OFFICIAL_SENSITIVE_-_Web_Decision_-_Turnbull_W1.pdf- ./OFFICIAL_SENSITIVE_-_Web_Decision_-_Turnbull_W1.pdf-The panel though finds that although Mr Turnbull was of previous good character, his ./OFFICIAL_SENSITIVE_-_Web_Decision_-_Turnbull_W1.pdf-actions were entirely deliberate and so serious that a prohibition from teaching was an ./OFFICIAL_SENSITIVE_-_Web_Decision_-_Turnbull_W1.pdf-inevitable outcome. -- ./OFFICIAL_SENSITIVE_-_Web_Decision_-_Turnbull_W1.pdf:The fact that Mr Turnbull's relationship with Pupil A was sexual was a significant factor in ./OFFICIAL_SENSITIVE_-_Web_Decision_-_Turnbull_W1.pdf-forming that opinion. Accordingly, the panel makes a recommendation to the Secretary of ./OFFICIAL_SENSITIVE_-_Web_Decision_-_Turnbull_W1.pdf-State that a prohibition order should be imposed with immediate effect. ./OFFICIAL_SENSITIVE_-_Web_Decision_-_Turnbull_W1.pdf- ./OFFICIAL_SENSITIVE_-_Web_Decision_-_Turnbull_W1.pdf-The panel went on to consider whether or not it would be appropriate for them to decide ./OFFICIAL_SENSITIVE_-_Web_Decision_-_Turnbull_W1.pdf-to recommend that a review period of the order should be considered. The panel were ./OFFICIAL_SENSITIVE_-_Web_Decision_-_Turnbull_W1.pdf-mindful that the Advice states that a prohibition order applies for life, but there may be ./OFFICIAL_SENSITIVE_-_Web_Decision_-_Turnbull_W1.pdf-circumstances in any given case that may make it appropriate to allow a teacher to apply ./OFFICIAL_SENSITIVE_-_Web_Decision_-_Turnbull_W1.pdf-to have the prohibition order reviewed after a specified period of time that may not be ./OFFICIAL_SENSITIVE_-_Web_Decision_-_Turnbull_W1.pdf-less than 2 years. ./OFFICIAL_SENSITIVE_-_Web_Decision_-_Turnbull_W1.pdf- ./OFFICIAL_SENSITIVE_-_Web_Decision_-_Turnbull_W1.pdf-The Advice indicates that there are behaviours that, if proven, would militate against a ./OFFICIAL_SENSITIVE_-_Web_Decision_-_Turnbull_W1.pdf:review period being recommended. These behaviours include serious sexual ./OFFICIAL_SENSITIVE_-_Web_Decision_-_Turnbull_W1.pdf:misconduct, e.g. where the act was sexually motivated and resulted in or had the ./OFFICIAL_SENSITIVE_-_Web_Decision_-_Turnbull_W1.pdf-potential to result in, harm to a person, particularly where the individual has used their ./OFFICIAL_SENSITIVE_-_Web_Decision_-_Turnbull_W1.pdf:professional position to influence or exploit a person. Mr Turnbull had a sexual ./OFFICIAL_SENSITIVE_-_Web_Decision_-_Turnbull_W1.pdf-relationship with a pupil. ./OFFICIAL_SENSITIVE_-_Web_Decision_-_Turnbull_W1.pdf- ./OFFICIAL_SENSITIVE_-_Web_Decision_-_Turnbull_W1.pdf-The panel felt the findings indicated a situation in which a review period would not be ./OFFICIAL_SENSITIVE_-_Web_Decision_-_Turnbull_W1.pdf-appropriate and as such decided that it would be proportionate in all the circumstances ./OFFICIAL_SENSITIVE_-_Web_Decision_-_Turnbull_W1.pdf-for the prohibition order to be recommended without provisions for a review period. ./OFFICIAL_SENSITIVE_-_Web_Decision_-_Turnbull_W1.pdf- ./OFFICIAL_SENSITIVE_-_Web_Decision_-_Turnbull_W1.pdf- ./OFFICIAL_SENSITIVE_-_Web_Decision_-_Turnbull_W1.pdf-Decision and reasons on behalf of the Secretary of State ./OFFICIAL_SENSITIVE_-_Web_Decision_-_Turnbull_W1.pdf- ./OFFICIAL_SENSITIVE_-_Web_Decision_-_Turnbull_W1.pdf- -- ./OFFICIAL_SENSITIVE_-_Web_Decision_-_Turnbull_W1.pdf-  Teachers must have proper and professional regard for the ethos, policies and ./OFFICIAL_SENSITIVE_-_Web_Decision_-_Turnbull_W1.pdf- practices of the school in which they teach…… ./OFFICIAL_SENSITIVE_-_Web_Decision_-_Turnbull_W1.pdf-  Teachers must have an understanding of, and always act within, the statutory ./OFFICIAL_SENSITIVE_-_Web_Decision_-_Turnbull_W1.pdf- frameworks which set out their professional duties and responsibilities. ./OFFICIAL_SENSITIVE_-_Web_Decision_-_Turnbull_W1.pdf- ./OFFICIAL_SENSITIVE_-_Web_Decision_-_Turnbull_W1.pdf- ./OFFICIAL_SENSITIVE_-_Web_Decision_-_Turnbull_W1.pdf- ./OFFICIAL_SENSITIVE_-_Web_Decision_-_Turnbull_W1.pdf-The panel finds that the conduct of Mr Turnbull fell significantly short of the standards ./OFFICIAL_SENSITIVE_-_Web_Decision_-_Turnbull_W1.pdf-expected of the profession. ./OFFICIAL_SENSITIVE_-_Web_Decision_-_Turnbull_W1.pdf- ./OFFICIAL_SENSITIVE_-_Web_Decision_-_Turnbull_W1.pdf:The findings of misconduct are particularly serious as they include a finding of sexual ./OFFICIAL_SENSITIVE_-_Web_Decision_-_Turnbull_W1.pdf-misconduct. ./OFFICIAL_SENSITIVE_-_Web_Decision_-_Turnbull_W1.pdf- ./OFFICIAL_SENSITIVE_-_Web_Decision_-_Turnbull_W1.pdf-I have to determine whether the imposition of a prohibition order is proportionate and in ./OFFICIAL_SENSITIVE_-_Web_Decision_-_Turnbull_W1.pdf-the public interest. In considering that for this case I have considered the overall aim of a ./OFFICIAL_SENSITIVE_-_Web_Decision_-_Turnbull_W1.pdf-prohibition order which is to protect pupils and to maintain public confidence in the ./OFFICIAL_SENSITIVE_-_Web_Decision_-_Turnbull_W1.pdf-profession. I have considered the extent to which a prohibition order in this case would ./OFFICIAL_SENSITIVE_-_Web_Decision_-_Turnbull_W1.pdf-achieve that aim taking into account the impact that it will have on the individual teacher. ./OFFICIAL_SENSITIVE_-_Web_Decision_-_Turnbull_W1.pdf-I have also asked myself whether or not a less intrusive measure, such as the published ./OFFICIAL_SENSITIVE_-_Web_Decision_-_Turnbull_W1.pdf-finding of unacceptable professional conduct and conduct that may bring the profession ./OFFICIAL_SENSITIVE_-_Web_Decision_-_Turnbull_W1.pdf-into disrepute, would itself be sufficient to achieve the overall aim. I have to consider ./OFFICIAL_SENSITIVE_-_Web_Decision_-_Turnbull_W1.pdf-whether the consequences of such a publication are themselves sufficient. I have ./OFFICIAL_SENSITIVE_-_Web_Decision_-_Turnbull_W1.pdf-considered therefore whether or not prohibiting Mr Turnbull, and the impact that will have ./OFFICIAL_SENSITIVE_-_Web_Decision_-_Turnbull_W1.pdf-on him, is proportionate. ./OFFICIAL_SENSITIVE_-_Web_Decision_-_Turnbull_W1.pdf- ./OFFICIAL_SENSITIVE_-_Web_Decision_-_Turnbull_W1.pdf-In this case I have considered the extent to which a prohibition order would protect ./OFFICIAL_SENSITIVE_-_Web_Decision_-_Turnbull_W1.pdf-children. The panel has observed in light of its findings against Mr Turnbull, “which ./OFFICIAL_SENSITIVE_-_Web_Decision_-_Turnbull_W1.pdf:involved him forming a sexual relationship with one of his pupils, there is a strong public ./OFFICIAL_SENSITIVE_-_Web_Decision_-_Turnbull_W1.pdf-interest consideration in respect of the protection of pupils given the serious findings of ./OFFICIAL_SENSITIVE_-_Web_Decision_-_Turnbull_W1.pdf:an inappropriate sexual relationship with a pupil.” A prohibition order would therefore ./OFFICIAL_SENSITIVE_-_Web_Decision_-_Turnbull_W1.pdf-prevent such a risk from being present. I have also taken into account that the panel ./OFFICIAL_SENSITIVE_-_Web_Decision_-_Turnbull_W1.pdf-make no mention of evidence of insight and remorse. In my judgement the absence of ./OFFICIAL_SENSITIVE_-_Web_Decision_-_Turnbull_W1.pdf-insight and remorse means that there is some risk of the repetition of this behaviour and ./OFFICIAL_SENSITIVE_-_Web_Decision_-_Turnbull_W1.pdf-this risks future safeguarding of pupils. I have therefore given this element considerable ./OFFICIAL_SENSITIVE_-_Web_Decision_-_Turnbull_W1.pdf-weight in reaching my decision. ./OFFICIAL_SENSITIVE_-_Web_Decision_-_Turnbull_W1.pdf- ./OFFICIAL_SENSITIVE_-_Web_Decision_-_Turnbull_W1.pdf-I have gone on to consider the extent to which a prohibition order would maintain public ./OFFICIAL_SENSITIVE_-_Web_Decision_-_Turnbull_W1.pdf-confidence in the profession. The panel observe, “that public confidence in the profession ./OFFICIAL_SENSITIVE_-_Web_Decision_-_Turnbull_W1.pdf-could be seriously weakened if conduct such as that found against Mr Turnbull were not ./OFFICIAL_SENSITIVE_-_Web_Decision_-_Turnbull_W1.pdf-treated with the utmost seriousness when regulating the conduct of the profession.” I am ./OFFICIAL_SENSITIVE_-_Web_Decision_-_Turnbull_W1.pdf:particularly mindful of the finding of sexual misconduct in this case and the impact that ./OFFICIAL_SENSITIVE_-_Web_Decision_-_Turnbull_W1.pdf-such a finding has on the reputation of the profession. ./OFFICIAL_SENSITIVE_-_Web_Decision_-_Turnbull_W1.pdf- ./OFFICIAL_SENSITIVE_-_Web_Decision_-_Turnbull_W1.pdf- ./OFFICIAL_SENSITIVE_-_Web_Decision_-_Turnbull_W1.pdf- 13 ./OFFICIAL_SENSITIVE_-_Web_Decision_-_Turnbull_W1.pdf- -- ./OFFICIAL_SENSITIVE_-_Web_Decision_-_Turnbull_W1.pdf- ./OFFICIAL_SENSITIVE_-_Web_Decision_-_Turnbull_W1.pdf-For these reasons I have concluded that a prohibition order is proportionate and in the ./OFFICIAL_SENSITIVE_-_Web_Decision_-_Turnbull_W1.pdf-public interest in order to achieve the aims which a prohibition order is intended to ./OFFICIAL_SENSITIVE_-_Web_Decision_-_Turnbull_W1.pdf-achieve. ./OFFICIAL_SENSITIVE_-_Web_Decision_-_Turnbull_W1.pdf- ./OFFICIAL_SENSITIVE_-_Web_Decision_-_Turnbull_W1.pdf-I have gone on to consider the matter of a review period. In this case the panel has ./OFFICIAL_SENSITIVE_-_Web_Decision_-_Turnbull_W1.pdf-recommended a no review period. ./OFFICIAL_SENSITIVE_-_Web_Decision_-_Turnbull_W1.pdf- ./OFFICIAL_SENSITIVE_-_Web_Decision_-_Turnbull_W1.pdf-I have considered the panel’s comments “The Advice indicates that there are behaviours ./OFFICIAL_SENSITIVE_-_Web_Decision_-_Turnbull_W1.pdf-that, if proven, would militate against a review period being recommended. These ./OFFICIAL_SENSITIVE_-_Web_Decision_-_Turnbull_W1.pdf:behaviours include serious sexual misconduct, e.g. where the act was sexually motivated ./OFFICIAL_SENSITIVE_-_Web_Decision_-_Turnbull_W1.pdf-and resulted in or had the potential to result in, harm to a person, particularly where the ./OFFICIAL_SENSITIVE_-_Web_Decision_-_Turnbull_W1.pdf-individual has used their professional position to influence or exploit a person. Mr ./OFFICIAL_SENSITIVE_-_Web_Decision_-_Turnbull_W1.pdf:Turnbull had a sexual relationship with a pupil.” ./OFFICIAL_SENSITIVE_-_Web_Decision_-_Turnbull_W1.pdf- ./OFFICIAL_SENSITIVE_-_Web_Decision_-_Turnbull_W1.pdf-The panel has also said that a it felt the findings, “indicated a situation in which a review ./OFFICIAL_SENSITIVE_-_Web_Decision_-_Turnbull_W1.pdf-period would not be appropriate and as such decided that it would be proportionate in all ./OFFICIAL_SENSITIVE_-_Web_Decision_-_Turnbull_W1.pdf-the circumstances for the prohibition order to be recommended without provisions for a ./OFFICIAL_SENSITIVE_-_Web_Decision_-_Turnbull_W1.pdf-review period.” ./OFFICIAL_SENSITIVE_-_Web_Decision_-_Turnbull_W1.pdf- ./OFFICIAL_SENSITIVE_-_Web_Decision_-_Turnbull_W1.pdf-I have considered whether a no review period reflects the seriousness of the findings and ./OFFICIAL_SENSITIVE_-_Web_Decision_-_Turnbull_W1.pdf-is a proportionate period to achieve the aim of maintaining public confidence in the ./OFFICIAL_SENSITIVE_-_Web_Decision_-_Turnbull_W1.pdf- ./OFFICIAL_SENSITIVE_-_Web_Decision_-_Turnbull_W1.pdf- 14 -- ./OFFICIAL_SENSITIVE_-_Web_Decision_-_Turnbull_W1.pdf-profession. In this case, there are two factors that in my view mean that a two year review ./OFFICIAL_SENSITIVE_-_Web_Decision_-_Turnbull_W1.pdf-period is not sufficient to achieve the aim of maintaining public confidence in the ./OFFICIAL_SENSITIVE_-_Web_Decision_-_Turnbull_W1.pdf:profession. These elements are the sexual misconduct found and the lack of either ./OFFICIAL_SENSITIVE_-_Web_Decision_-_Turnbull_W1.pdf-insight or remorse. ./OFFICIAL_SENSITIVE_-_Web_Decision_-_Turnbull_W1.pdf- ./OFFICIAL_SENSITIVE_-_Web_Decision_-_Turnbull_W1.pdf-I consider therefore that a no review period is required to satisfy the maintenance of ./OFFICIAL_SENSITIVE_-_Web_Decision_-_Turnbull_W1.pdf-public confidence in the profession. ./OFFICIAL_SENSITIVE_-_Web_Decision_-_Turnbull_W1.pdf- ./OFFICIAL_SENSITIVE_-_Web_Decision_-_Turnbull_W1.pdf-This means that Mr William Turnbull is prohibited from teaching indefinitely and ./OFFICIAL_SENSITIVE_-_Web_Decision_-_Turnbull_W1.pdf-cannot teach in any school, sixth form college, relevant youth accommodation or ./OFFICIAL_SENSITIVE_-_Web_Decision_-_Turnbull_W1.pdf-children’s home in England. Furthermore, in view of the seriousness of the allegations ./OFFICIAL_SENSITIVE_-_Web_Decision_-_Turnbull_W1.pdf-found proved against him, I have decided that Mr Turnbull shall not be entitled to apply ./OFFICIAL_SENSITIVE_-_Web_Decision_-_Turnbull_W1.pdf-for restoration of his eligibility to teach. ./OFFICIAL_SENSITIVE_Beardmore_Raymond_SoS_Decision.pdf-during the entirety of the hearing. The panel considered there to be sufficient time to ./OFFICIAL_SENSITIVE_Beardmore_Raymond_SoS_Decision.pdf-allow the teacher to give evidence. ./OFFICIAL_SENSITIVE_Beardmore_Raymond_SoS_Decision.pdf- ./OFFICIAL_SENSITIVE_Beardmore_Raymond_SoS_Decision.pdf-The panel decided to proceed with the hearing, and continue with the hearing should Mr ./OFFICIAL_SENSITIVE_Beardmore_Raymond_SoS_Decision.pdf-Beardmore later be absent, taking into account the inconvenience an adjournment would ./OFFICIAL_SENSITIVE_Beardmore_Raymond_SoS_Decision.pdf-cause to the teacher. On balance, these were serious allegations and the public interest ./OFFICIAL_SENSITIVE_Beardmore_Raymond_SoS_Decision.pdf-in the hearing proceeding within a reasonable time was in favour of the hearing ./OFFICIAL_SENSITIVE_Beardmore_Raymond_SoS_Decision.pdf-continuing. ./OFFICIAL_SENSITIVE_Beardmore_Raymond_SoS_Decision.pdf- ./OFFICIAL_SENSITIVE_Beardmore_Raymond_SoS_Decision.pdf-At the outset, the panel considered whether there was sufficient information to warrant ./OFFICIAL_SENSITIVE_Beardmore_Raymond_SoS_Decision.pdf:the inclusion of an allegation of sexual motivation. On behalf of the TRA, the presenting ./OFFICIAL_SENSITIVE_Beardmore_Raymond_SoS_Decision.pdf:officer submitted that there was no allegation of sexual motivation and it did not form part ./OFFICIAL_SENSITIVE_Beardmore_Raymond_SoS_Decision.pdf-of the TRA’s case. The case was presented as a one of boundaries. The panel accepted ./OFFICIAL_SENSITIVE_Beardmore_Raymond_SoS_Decision.pdf-this. ./OFFICIAL_SENSITIVE_Beardmore_Raymond_SoS_Decision.pdf- ./OFFICIAL_SENSITIVE_Beardmore_Raymond_SoS_Decision.pdf-An application was made by the presenting officer to amend the Notice of Proceedings ./OFFICIAL_SENSITIVE_Beardmore_Raymond_SoS_Decision.pdf-by amending the stem of the allegations to state “You are guilty of unacceptable ./OFFICIAL_SENSITIVE_Beardmore_Raymond_SoS_Decision.pdf-professional conduct and/or conduct that may bring the profession into disrepute in that, ./OFFICIAL_SENSITIVE_Beardmore_Raymond_SoS_Decision.pdf-whilst a teacher at Stourport High School and VIth Form College:” as listed in the ./OFFICIAL_SENSITIVE_Beardmore_Raymond_SoS_Decision.pdf-allegations above. ./OFFICIAL_SENSITIVE_Beardmore_Raymond_SoS_Decision.pdf- ./OFFICIAL_SENSITIVE_Beardmore_Raymond_SoS_Decision.pdf- ./OFFICIAL_SENSITIVE_Chidlow_David_SOS_Decision__1_.pdf-Allegations ./OFFICIAL_SENSITIVE_Chidlow_David_SOS_Decision__1_.pdf-The panel considered the allegations set out in the notice of meeting dated 25 July 2022. ./OFFICIAL_SENSITIVE_Chidlow_David_SOS_Decision__1_.pdf- ./OFFICIAL_SENSITIVE_Chidlow_David_SOS_Decision__1_.pdf-It was alleged that Mr Chidlow was guilty of unacceptable professional conduct and/or ./OFFICIAL_SENSITIVE_Chidlow_David_SOS_Decision__1_.pdf-conduct that may bring the profession into disrepute, in that he: ./OFFICIAL_SENSITIVE_Chidlow_David_SOS_Decision__1_.pdf- ./OFFICIAL_SENSITIVE_Chidlow_David_SOS_Decision__1_.pdf:1. On one or more occasions accessed pornographic material on an adult website: ./OFFICIAL_SENSITIVE_Chidlow_David_SOS_Decision__1_.pdf- ./OFFICIAL_SENSITIVE_Chidlow_David_SOS_Decision__1_.pdf- a) using his school laptop; and/ or ./OFFICIAL_SENSITIVE_Chidlow_David_SOS_Decision__1_.pdf- ./OFFICIAL_SENSITIVE_Chidlow_David_SOS_Decision__1_.pdf- b) whilst responsible for teaching a lesson to pupils via Microsoft Teams; ./OFFICIAL_SENSITIVE_Chidlow_David_SOS_Decision__1_.pdf- ./OFFICIAL_SENSITIVE_Chidlow_David_SOS_Decision__1_.pdf:2. On one or more occasions engaged in ‘sex chats’ on an adult website: ./OFFICIAL_SENSITIVE_Chidlow_David_SOS_Decision__1_.pdf- ./OFFICIAL_SENSITIVE_Chidlow_David_SOS_Decision__1_.pdf- a) using his school laptop; and/or ./OFFICIAL_SENSITIVE_Chidlow_David_SOS_Decision__1_.pdf- ./OFFICIAL_SENSITIVE_Chidlow_David_SOS_Decision__1_.pdf- b) whilst responsible for teaching a lesson to pupils via Microsoft Teams; ./OFFICIAL_SENSITIVE_Chidlow_David_SOS_Decision__1_.pdf- ./OFFICIAL_SENSITIVE_Chidlow_David_SOS_Decision__1_.pdf-3. On one or more occasions, he deleted the internet history on his school laptop in an ./OFFICIAL_SENSITIVE_Chidlow_David_SOS_Decision__1_.pdf- attempt to conceal the material that he had accessed; and ./OFFICIAL_SENSITIVE_Chidlow_David_SOS_Decision__1_.pdf- ./OFFICIAL_SENSITIVE_Chidlow_David_SOS_Decision__1_.pdf-4. His conduct at 3 above was dishonest. ./OFFICIAL_SENSITIVE_Chidlow_David_SOS_Decision__1_.pdf- -- ./OFFICIAL_SENSITIVE_Chidlow_David_SOS_Decision__1_.pdf- ./OFFICIAL_SENSITIVE_Chidlow_David_SOS_Decision__1_.pdf-Mr Chidlow was employed as a teacher of business studies and economics at Maidstone ./OFFICIAL_SENSITIVE_Chidlow_David_SOS_Decision__1_.pdf-Grammar School (‘the School’) since 7 September 2018. Mr Chidlow was delivering ./OFFICIAL_SENSITIVE_Chidlow_David_SOS_Decision__1_.pdf-lessons for both GCSE and A-level pupils. ./OFFICIAL_SENSITIVE_Chidlow_David_SOS_Decision__1_.pdf- ./OFFICIAL_SENSITIVE_Chidlow_David_SOS_Decision__1_.pdf-On 26 February 2021, [redacted] reported that the School’s monitoring software had ./OFFICIAL_SENSITIVE_Chidlow_David_SOS_Decision__1_.pdf-flagged up some key words “I take my life” from a staff members school device. These ./OFFICIAL_SENSITIVE_Chidlow_David_SOS_Decision__1_.pdf-key words prompted an investigation. ./OFFICIAL_SENSITIVE_Chidlow_David_SOS_Decision__1_.pdf- ./OFFICIAL_SENSITIVE_Chidlow_David_SOS_Decision__1_.pdf-As a result of the investigation, [redacted] found that Mr Chidlow was the teacher in ./OFFICIAL_SENSITIVE_Chidlow_David_SOS_Decision__1_.pdf:question and that he had been accessing an adult pornographic website known as ./OFFICIAL_SENSITIVE_Chidlow_David_SOS_Decision__1_.pdf-Adultwork.com on his school laptop on 26 February 2021 and 1 March 2021. ./OFFICIAL_SENSITIVE_Chidlow_David_SOS_Decision__1_.pdf- ./OFFICIAL_SENSITIVE_Chidlow_David_SOS_Decision__1_.pdf-Remote monitoring of Mr Chidlow’s laptop had been undertaken on 26 February 2021 ./OFFICIAL_SENSITIVE_Chidlow_David_SOS_Decision__1_.pdf-and 1 March 2021 by the School, without Mr Chidlow’s knowledge. [redacted] recorded ./OFFICIAL_SENSITIVE_Chidlow_David_SOS_Decision__1_.pdf-and took screen shots of the websites and material that Mr Chidlow was accessing. At ./OFFICIAL_SENSITIVE_Chidlow_David_SOS_Decision__1_.pdf-the time that the websites were accessed, Mr Chidlow was teaching a Year [redacted] ./OFFICIAL_SENSITIVE_Chidlow_David_SOS_Decision__1_.pdf-class via MS Teams. ./OFFICIAL_SENSITIVE_Chidlow_David_SOS_Decision__1_.pdf- ./OFFICIAL_SENSITIVE_Chidlow_David_SOS_Decision__1_.pdf-[redacted] monitoring further revealed that Mr Chidlow was ‘flicking’ back and forth ./OFFICIAL_SENSITIVE_Chidlow_David_SOS_Decision__1_.pdf-between his MS Teams screen, whilst he was teaching, and the Adultwork.com website. -- ./OFFICIAL_SENSITIVE_Chidlow_David_SOS_Decision__1_.pdf- ./OFFICIAL_SENSITIVE_Chidlow_David_SOS_Decision__1_.pdf-Mr Chidlow’s employment ended on 31 May 2021. ./OFFICIAL_SENSITIVE_Chidlow_David_SOS_Decision__1_.pdf- ./OFFICIAL_SENSITIVE_Chidlow_David_SOS_Decision__1_.pdf-Findings of fact ./OFFICIAL_SENSITIVE_Chidlow_David_SOS_Decision__1_.pdf- ./OFFICIAL_SENSITIVE_Chidlow_David_SOS_Decision__1_.pdf-The findings of fact are as follows: ./OFFICIAL_SENSITIVE_Chidlow_David_SOS_Decision__1_.pdf- ./OFFICIAL_SENSITIVE_Chidlow_David_SOS_Decision__1_.pdf-The panel found the following particulars of the allegations against you proved, for these ./OFFICIAL_SENSITIVE_Chidlow_David_SOS_Decision__1_.pdf-reasons: ./OFFICIAL_SENSITIVE_Chidlow_David_SOS_Decision__1_.pdf- ./OFFICIAL_SENSITIVE_Chidlow_David_SOS_Decision__1_.pdf: 1. On one or more occasions accessed pornographic material on an adult ./OFFICIAL_SENSITIVE_Chidlow_David_SOS_Decision__1_.pdf- website: ./OFFICIAL_SENSITIVE_Chidlow_David_SOS_Decision__1_.pdf- ./OFFICIAL_SENSITIVE_Chidlow_David_SOS_Decision__1_.pdf- a) using your school laptop; and/ or ./OFFICIAL_SENSITIVE_Chidlow_David_SOS_Decision__1_.pdf- ./OFFICIAL_SENSITIVE_Chidlow_David_SOS_Decision__1_.pdf- b) whilst responsible for teaching a lesson to pupils via Microsoft Teams; ./OFFICIAL_SENSITIVE_Chidlow_David_SOS_Decision__1_.pdf- ./OFFICIAL_SENSITIVE_Chidlow_David_SOS_Decision__1_.pdf-The panel noted that within a statement of agreed facts, signed by Mr Chidlow on 9 ./OFFICIAL_SENSITIVE_Chidlow_David_SOS_Decision__1_.pdf-March 2022, Mr Chidlow admitted the facts of allegations 1(a) and 1(b). Further, Mr ./OFFICIAL_SENSITIVE_Chidlow_David_SOS_Decision__1_.pdf-Chidlow admitted that his actions amounted to unacceptable professional conduct and ./OFFICIAL_SENSITIVE_Chidlow_David_SOS_Decision__1_.pdf-conduct that may bring the profession into disrepute. -- ./OFFICIAL_SENSITIVE_Chidlow_David_SOS_Decision__1_.pdf-went in between the live school lesson and Adultwork.com on multiple occasions. ./OFFICIAL_SENSITIVE_Chidlow_David_SOS_Decision__1_.pdf- ./OFFICIAL_SENSITIVE_Chidlow_David_SOS_Decision__1_.pdf-Mr Chidlow further admitted that on 1 March 2021, whilst teaching Year [redacted] pupils ./OFFICIAL_SENSITIVE_Chidlow_David_SOS_Decision__1_.pdf-using MS Teams from his school laptop, he was accessing Adultwork.com ./OFFICIAL_SENSITIVE_Chidlow_David_SOS_Decision__1_.pdf-simultaneously on the same laptop, browsing profiles of females. Mr Chidlow admitted ./OFFICIAL_SENSITIVE_Chidlow_David_SOS_Decision__1_.pdf-that he went in between the live school lesson and Adultwork.com on multiple occasions. ./OFFICIAL_SENSITIVE_Chidlow_David_SOS_Decision__1_.pdf- ./OFFICIAL_SENSITIVE_Chidlow_David_SOS_Decision__1_.pdf-Mr Chidlow accepts that he should not have been accessing Adultwork.com using the ./OFFICIAL_SENSITIVE_Chidlow_David_SOS_Decision__1_.pdf-School’s laptop at any time. Mr Chidlow admitted that he accessed Adultwork.com a total ./OFFICIAL_SENSITIVE_Chidlow_David_SOS_Decision__1_.pdf-of 74 times during his contractual hours as a teacher. Mr Chidlow further admitted that he ./OFFICIAL_SENSITIVE_Chidlow_David_SOS_Decision__1_.pdf:sought images from females on Adultwork.com for sexual gratification, which he saved ./OFFICIAL_SENSITIVE_Chidlow_David_SOS_Decision__1_.pdf-onto the Schools laptop. ./OFFICIAL_SENSITIVE_Chidlow_David_SOS_Decision__1_.pdf- ./OFFICIAL_SENSITIVE_Chidlow_David_SOS_Decision__1_.pdf-Notwithstanding the admissions made, the panel considered the evidence provided in the ./OFFICIAL_SENSITIVE_Chidlow_David_SOS_Decision__1_.pdf-bundle and made its own determination based on the evidence available to it. ./OFFICIAL_SENSITIVE_Chidlow_David_SOS_Decision__1_.pdf- ./OFFICIAL_SENSITIVE_Chidlow_David_SOS_Decision__1_.pdf-The panel noted documentation within the bundle evidencing Mr Chidlow’s access to ./OFFICIAL_SENSITIVE_Chidlow_David_SOS_Decision__1_.pdf-Adultwork.com. This included profiles that had been viewed and images that had been ./OFFICIAL_SENSITIVE_Chidlow_David_SOS_Decision__1_.pdf-saved. ./OFFICIAL_SENSITIVE_Chidlow_David_SOS_Decision__1_.pdf- 6 ./OFFICIAL_SENSITIVE_Chidlow_David_SOS_Decision__1_.pdf- -- ./OFFICIAL_SENSITIVE_Chidlow_David_SOS_Decision__1_.pdf-On examination of the documents before them, and the admissions in the signed ./OFFICIAL_SENSITIVE_Chidlow_David_SOS_Decision__1_.pdf-statement of agreed facts, the panel was satisfied that allegations 1(a) and 1(b) were ./OFFICIAL_SENSITIVE_Chidlow_David_SOS_Decision__1_.pdf-proven. ./OFFICIAL_SENSITIVE_Chidlow_David_SOS_Decision__1_.pdf- ./OFFICIAL_SENSITIVE_Chidlow_David_SOS_Decision__1_.pdf: 2. On one or more occasions engaged in ‘sex chats’ on an adult website: ./OFFICIAL_SENSITIVE_Chidlow_David_SOS_Decision__1_.pdf- ./OFFICIAL_SENSITIVE_Chidlow_David_SOS_Decision__1_.pdf- a) using your school laptop; and/or ./OFFICIAL_SENSITIVE_Chidlow_David_SOS_Decision__1_.pdf- ./OFFICIAL_SENSITIVE_Chidlow_David_SOS_Decision__1_.pdf- b) whilst responsible for teaching a lesson to pupils via Microsoft Teams; ./OFFICIAL_SENSITIVE_Chidlow_David_SOS_Decision__1_.pdf- ./OFFICIAL_SENSITIVE_Chidlow_David_SOS_Decision__1_.pdf-The panel noted that within a statement of agreed facts, signed by Mr Chidlow on 9 ./OFFICIAL_SENSITIVE_Chidlow_David_SOS_Decision__1_.pdf-March 2022, Mr Chidlow admitted the facts of allegations 2(a) and 2(b). ./OFFICIAL_SENSITIVE_Chidlow_David_SOS_Decision__1_.pdf- ./OFFICIAL_SENSITIVE_Chidlow_David_SOS_Decision__1_.pdf-Mr Chidlow admitted that he did access Adultwork.com using his school laptop on ./OFFICIAL_SENSITIVE_Chidlow_David_SOS_Decision__1_.pdf-various occasions between 18 February 2021 and 1 March 2021. Mr Chidlow admitted ./OFFICIAL_SENSITIVE_Chidlow_David_SOS_Decision__1_.pdf-that he was communicating with females during this time, through his Yahoo email ./OFFICIAL_SENSITIVE_Chidlow_David_SOS_Decision__1_.pdf-account using his school laptop. Mr Chidlow admitted that he was actively sending emails ./OFFICIAL_SENSITIVE_Chidlow_David_SOS_Decision__1_.pdf-to different females with profiles on Adultwork.com whilst he was responsible for teaching ./OFFICIAL_SENSITIVE_Chidlow_David_SOS_Decision__1_.pdf-pupils. Mr Chidlow admitted that the nature of the emails exchanged with the females ./OFFICIAL_SENSITIVE_Chidlow_David_SOS_Decision__1_.pdf:from Adultwork.com was for sexual gratification. During the communications, Mr Chidlow ./OFFICIAL_SENSITIVE_Chidlow_David_SOS_Decision__1_.pdf:was discussing his sexual interests and this included requesting photographs from the ./OFFICIAL_SENSITIVE_Chidlow_David_SOS_Decision__1_.pdf-females which were saved onto the School’s laptop. ./OFFICIAL_SENSITIVE_Chidlow_David_SOS_Decision__1_.pdf- ./OFFICIAL_SENSITIVE_Chidlow_David_SOS_Decision__1_.pdf-Notwithstanding the admissions made, the panel considered the evidence provided in the ./OFFICIAL_SENSITIVE_Chidlow_David_SOS_Decision__1_.pdf-bundle and made its own determination based on the evidence available to it. ./OFFICIAL_SENSITIVE_Chidlow_David_SOS_Decision__1_.pdf- ./OFFICIAL_SENSITIVE_Chidlow_David_SOS_Decision__1_.pdf-The panel noted documentation within the bundle evidencing Mr Chidlow’s access to ./OFFICIAL_SENSITIVE_Chidlow_David_SOS_Decision__1_.pdf-Adultwork.com. This included messages that had been sent and received between Mr ./OFFICIAL_SENSITIVE_Chidlow_David_SOS_Decision__1_.pdf-Chidlow and females whilst he was teaching a class. ./OFFICIAL_SENSITIVE_Chidlow_David_SOS_Decision__1_.pdf- ./OFFICIAL_SENSITIVE_Chidlow_David_SOS_Decision__1_.pdf-On examination of the documents before them, and the admissions in the signed -- ./OFFICIAL_SENSITIVE_Chidlow_David_SOS_Decision__1_.pdf-standards expected of the profession. ./OFFICIAL_SENSITIVE_Chidlow_David_SOS_Decision__1_.pdf- ./OFFICIAL_SENSITIVE_Chidlow_David_SOS_Decision__1_.pdf-The panel considered whether Mr Chidlow’s conduct displayed behaviours associated ./OFFICIAL_SENSITIVE_Chidlow_David_SOS_Decision__1_.pdf-with any of the offences listed on pages 12 and 13 of the Advice. The Advice indicates ./OFFICIAL_SENSITIVE_Chidlow_David_SOS_Decision__1_.pdf-that where behaviours associated with an offence such as fraud or serious dishonesty ./OFFICIAL_SENSITIVE_Chidlow_David_SOS_Decision__1_.pdf-exists, a panel is more likely to conclude that an individual’s conduct would amount to ./OFFICIAL_SENSITIVE_Chidlow_David_SOS_Decision__1_.pdf-unacceptable professional conduct. ./OFFICIAL_SENSITIVE_Chidlow_David_SOS_Decision__1_.pdf- ./OFFICIAL_SENSITIVE_Chidlow_David_SOS_Decision__1_.pdf-The panel noted that the allegations took place within an education setting and during the ./OFFICIAL_SENSITIVE_Chidlow_David_SOS_Decision__1_.pdf-teaching day. Further it was noted that Mr Chidlow used a School laptop to access ./OFFICIAL_SENSITIVE_Chidlow_David_SOS_Decision__1_.pdf:pornographic material and engage in ‘sex chats’ on an adult website which was in clear ./OFFICIAL_SENSITIVE_Chidlow_David_SOS_Decision__1_.pdf-contravention of both the School’s policies, which Mr Chidlow had signed and agreed to, ./OFFICIAL_SENSITIVE_Chidlow_David_SOS_Decision__1_.pdf-and the Teaching Standards. ./OFFICIAL_SENSITIVE_Chidlow_David_SOS_Decision__1_.pdf- ./OFFICIAL_SENSITIVE_Chidlow_David_SOS_Decision__1_.pdf-The panel had regard to the fact that no pupils were physically present at the time Mr ./OFFICIAL_SENSITIVE_Chidlow_David_SOS_Decision__1_.pdf:Chidlow was accessing pornographic material and engaging in sex chats. However, the ./OFFICIAL_SENSITIVE_Chidlow_David_SOS_Decision__1_.pdf-panel noted that pupils were present remotely as Mr Chidlow was engaging in this activity ./OFFICIAL_SENSITIVE_Chidlow_David_SOS_Decision__1_.pdf-whilst teaching classes online. ./OFFICIAL_SENSITIVE_Chidlow_David_SOS_Decision__1_.pdf- ./OFFICIAL_SENSITIVE_Chidlow_David_SOS_Decision__1_.pdf-The panel considered Mr Chidlow’s actions to be a serious safeguarding risk and a ./OFFICIAL_SENSITIVE_Chidlow_David_SOS_Decision__1_.pdf-breach of the Keeping Children Safe in Education statutory guidance. By flicking between ./OFFICIAL_SENSITIVE_Chidlow_David_SOS_Decision__1_.pdf-the live school lesson and Adultwork.com the panel considered that Mr Chidlow could ./OFFICIAL_SENSITIVE_Chidlow_David_SOS_Decision__1_.pdf:easily have inadvertently shared pornographic material with pupils. Further, the panel ./OFFICIAL_SENSITIVE_Chidlow_David_SOS_Decision__1_.pdf-noted that if material had been inadvertently shared, Mr Chidlow would not have had any ./OFFICIAL_SENSITIVE_Chidlow_David_SOS_Decision__1_.pdf-control over who would have had sight of the material. In addition to the pupils there was ./OFFICIAL_SENSITIVE_Chidlow_David_SOS_Decision__1_.pdf- ./OFFICIAL_SENSITIVE_Chidlow_David_SOS_Decision__1_.pdf- 9 ./OFFICIAL_SENSITIVE_Chidlow_David_SOS_Decision__1_.pdf- -- ./OFFICIAL_SENSITIVE_Chidlow_David_SOS_Decision__1_.pdf-the maintenance of public confidence in the profession; declaring and upholding proper ./OFFICIAL_SENSITIVE_Chidlow_David_SOS_Decision__1_.pdf-standards of conduct; and that prohibition strikes the right balance between the rights of ./OFFICIAL_SENSITIVE_Chidlow_David_SOS_Decision__1_.pdf-the teacher and the public interest, if they are in conflict. ./OFFICIAL_SENSITIVE_Chidlow_David_SOS_Decision__1_.pdf- ./OFFICIAL_SENSITIVE_Chidlow_David_SOS_Decision__1_.pdf-In the light of the panel’s findings against Mr Chidlow which involved accessing ./OFFICIAL_SENSITIVE_Chidlow_David_SOS_Decision__1_.pdf:pornographic sites and engaging in sex chats from his school laptop whilst teaching, ./OFFICIAL_SENSITIVE_Chidlow_David_SOS_Decision__1_.pdf-there was a strong public interest consideration. ./OFFICIAL_SENSITIVE_Chidlow_David_SOS_Decision__1_.pdf- ./OFFICIAL_SENSITIVE_Chidlow_David_SOS_Decision__1_.pdf-Similarly, the panel considered that public confidence in the profession which could be ./OFFICIAL_SENSITIVE_Chidlow_David_SOS_Decision__1_.pdf-seriously weakened if conduct such as that found against Mr Chidlow was not treated ./OFFICIAL_SENSITIVE_Chidlow_David_SOS_Decision__1_.pdf-with the utmost seriousness when regulating the conduct of the profession. ./OFFICIAL_SENSITIVE_Chidlow_David_SOS_Decision__1_.pdf- ./OFFICIAL_SENSITIVE_Chidlow_David_SOS_Decision__1_.pdf-The panel decided that a strong public interest consideration in declaring proper ./OFFICIAL_SENSITIVE_Chidlow_David_SOS_Decision__1_.pdf-standards of conduct in the profession was also present as the conduct found against Mr ./OFFICIAL_SENSITIVE_Chidlow_David_SOS_Decision__1_.pdf-Chidlow was outside that which could reasonably be tolerated. ./OFFICIAL_SENSITIVE_Chidlow_David_SOS_Decision__1_.pdf- -- ./OFFICIAL_SENSITIVE_Chidlow_David_SOS_Decision__1_.pdf- frameworks which set out their professional duties and responsibilities. ./OFFICIAL_SENSITIVE_Chidlow_David_SOS_Decision__1_.pdf- ./OFFICIAL_SENSITIVE_Chidlow_David_SOS_Decision__1_.pdf-The panel was satisfied that the conduct of Mr Chidlow, involved breaches of the ./OFFICIAL_SENSITIVE_Chidlow_David_SOS_Decision__1_.pdf-responsibilities and duties set out in statutory guidance Keeping children safe in ./OFFICIAL_SENSITIVE_Chidlow_David_SOS_Decision__1_.pdf-education (KCSIE). ./OFFICIAL_SENSITIVE_Chidlow_David_SOS_Decision__1_.pdf- ./OFFICIAL_SENSITIVE_Chidlow_David_SOS_Decision__1_.pdf-The panel finds that the conduct of Mr Chidlow fell significantly short of the standards ./OFFICIAL_SENSITIVE_Chidlow_David_SOS_Decision__1_.pdf-expected of the profession. ./OFFICIAL_SENSITIVE_Chidlow_David_SOS_Decision__1_.pdf- ./OFFICIAL_SENSITIVE_Chidlow_David_SOS_Decision__1_.pdf-The findings of misconduct are particularly serious as they involved accessing ./OFFICIAL_SENSITIVE_Chidlow_David_SOS_Decision__1_.pdf:pornographic sites and engaging in sex chats from his school laptop whilst teaching and ./OFFICIAL_SENSITIVE_Chidlow_David_SOS_Decision__1_.pdf-behaviour found to be dishonest. ./OFFICIAL_SENSITIVE_Chidlow_David_SOS_Decision__1_.pdf- ./OFFICIAL_SENSITIVE_Chidlow_David_SOS_Decision__1_.pdf-I have to determine whether the imposition of a prohibition order is proportionate and in ./OFFICIAL_SENSITIVE_Chidlow_David_SOS_Decision__1_.pdf-the public interest. In considering that for this case, I have considered the overall aim of a ./OFFICIAL_SENSITIVE_Chidlow_David_SOS_Decision__1_.pdf-prohibition order which is to protect pupils and to maintain public confidence in the ./OFFICIAL_SENSITIVE_Chidlow_David_SOS_Decision__1_.pdf-profession. I have considered the extent to which a prohibition order in this case would ./OFFICIAL_SENSITIVE_Chidlow_David_SOS_Decision__1_.pdf-achieve that aim taking into account the impact that it will have on the individual teacher. ./OFFICIAL_SENSITIVE_Chidlow_David_SOS_Decision__1_.pdf-I have also asked myself, whether a less intrusive measure, such as the published ./OFFICIAL_SENSITIVE_Chidlow_David_SOS_Decision__1_.pdf-finding of unacceptable professional conduct and conduct that may bring the profession ./OFFICIAL_SENSITIVE_Chidlow_David_SOS_Decision__1_.pdf-into disrepute, would itself be sufficient to achieve the overall aim. I have to consider -- ./OFFICIAL_SENSITIVE_Chidlow_David_SOS_Decision__1_.pdf:day. Further it was noted that Mr Chidlow used a School laptop to access pornographic ./OFFICIAL_SENSITIVE_Chidlow_David_SOS_Decision__1_.pdf-material and engage in ‘sex chats’ on an adult website which was in clear contravention ./OFFICIAL_SENSITIVE_Chidlow_David_SOS_Decision__1_.pdf-of both the School’s policies, which Mr Chidlow had signed and agreed to, and the ./OFFICIAL_SENSITIVE_Chidlow_David_SOS_Decision__1_.pdf-Teaching Standards.” ./OFFICIAL_SENSITIVE_Chidlow_David_SOS_Decision__1_.pdf- ./OFFICIAL_SENSITIVE_Chidlow_David_SOS_Decision__1_.pdf-I have also placed considerable weight on the finding of the panel that “The panel ./OFFICIAL_SENSITIVE_Chidlow_David_SOS_Decision__1_.pdf-considered Mr Chidlow’s actions to be a serious safeguarding risk and a breach of the ./OFFICIAL_SENSITIVE_Chidlow_David_SOS_Decision__1_.pdf-Keeping Children Safe in Education statutory guidance. By flicking between the live ./OFFICIAL_SENSITIVE_Chidlow_David_SOS_Decision__1_.pdf-school lesson and Adultwork.com the panel considered that Mr Chidlow could easily ./OFFICIAL_SENSITIVE_Chidlow_David_SOS_Decision__1_.pdf:have inadvertently shared pornographic material with pupils. Further, the panel noted that ./OFFICIAL_SENSITIVE_Chidlow_David_SOS_Decision__1_.pdf-if material had been inadvertently shared, Mr Chidlow would not have had any control ./OFFICIAL_SENSITIVE_Chidlow_David_SOS_Decision__1_.pdf-over who would have had sight of the material. In addition to the pupils there was a risk ./OFFICIAL_SENSITIVE_Chidlow_David_SOS_Decision__1_.pdf-that other family members, including children, could have seen it.” ./OFFICIAL_SENSITIVE_Chidlow_David_SOS_Decision__1_.pdf- ./OFFICIAL_SENSITIVE_Chidlow_David_SOS_Decision__1_.pdf-I have given less weight in my consideration of sanction therefore, to the contribution that ./OFFICIAL_SENSITIVE_Chidlow_David_SOS_Decision__1_.pdf-Mr Chidlow has made to the profession. In my view, it is necessary to impose a ./OFFICIAL_SENSITIVE_Chidlow_David_SOS_Decision__1_.pdf-prohibition order in order to maintain public confidence in the profession. A published ./OFFICIAL_SENSITIVE_Chidlow_David_SOS_Decision__1_.pdf-decision, in light of the circumstances in this case, that is not backed up by full remorse, ./OFFICIAL_SENSITIVE_Chidlow_David_SOS_Decision__1_.pdf-does not in my view satisfy the public interest requirement concerning public confidence ./OFFICIAL_SENSITIVE_Chidlow_David_SOS_Decision__1_.pdf-in the profession. ./OFFICIAL_SENSITIVE_Cooke_Anthony_SoS_Decision.pdf- ./OFFICIAL_SENSITIVE_Cooke_Anthony_SoS_Decision.pdf-a. by asking her to accompany you to the Ha Ha to ‘[REDACTED]’ as a sound effect for ./OFFICIAL_SENSITIVE_Cooke_Anthony_SoS_Decision.pdf-a film. ./OFFICIAL_SENSITIVE_Cooke_Anthony_SoS_Decision.pdf- ./OFFICIAL_SENSITIVE_Cooke_Anthony_SoS_Decision.pdf-b. by sending messages by social media and/or by text: ./OFFICIAL_SENSITIVE_Cooke_Anthony_SoS_Decision.pdf- ./OFFICIAL_SENSITIVE_Cooke_Anthony_SoS_Decision.pdf- i. On or around 2 October 2019, “Come n be an alumni [REDACTED] [sic] at some ./OFFICIAL_SENSITIVE_Cooke_Anthony_SoS_Decision.pdf-point. He hee”. ./OFFICIAL_SENSITIVE_Cooke_Anthony_SoS_Decision.pdf- ./OFFICIAL_SENSITIVE_Cooke_Anthony_SoS_Decision.pdf- ii. On or around 2 October 2019, “just been for a costume fitting today…have to ./OFFICIAL_SENSITIVE_Cooke_Anthony_SoS_Decision.pdf:wear a big fuck off moustache… look like a Victorian porn star”. ./OFFICIAL_SENSITIVE_Cooke_Anthony_SoS_Decision.pdf- ./OFFICIAL_SENSITIVE_Cooke_Anthony_SoS_Decision.pdf- iii. On or around 1 Dec 2019, “After seein the pic u shared in FB, gonna adapt my ./OFFICIAL_SENSITIVE_Cooke_Anthony_SoS_Decision.pdf-TA film so that the snail is a radical suicide snail, and u stomp it!” ./OFFICIAL_SENSITIVE_Cooke_Anthony_SoS_Decision.pdf- ./OFFICIAL_SENSITIVE_Cooke_Anthony_SoS_Decision.pdf- ./OFFICIAL_SENSITIVE_Cooke_Anthony_SoS_Decision.pdf- 4 ./OFFICIAL_SENSITIVE_Cooke_Anthony_SoS_Decision.pdf- -- ./OFFICIAL_SENSITIVE_Cooke_Anthony_SoS_Decision.pdf-one if need be?”. ./OFFICIAL_SENSITIVE_Cooke_Anthony_SoS_Decision.pdf- ./OFFICIAL_SENSITIVE_Cooke_Anthony_SoS_Decision.pdf-d. On or around 7 February 2018, referring to Pupil B as “pussy”. ./OFFICIAL_SENSITIVE_Cooke_Anthony_SoS_Decision.pdf- ./OFFICIAL_SENSITIVE_Cooke_Anthony_SoS_Decision.pdf-e. On or around 12 February 2018, “Told me TA class that an ex Tring, top totty superstar ./OFFICIAL_SENSITIVE_Cooke_Anthony_SoS_Decision.pdf-may be in their film as a [REDACTED]”. ./OFFICIAL_SENSITIVE_Cooke_Anthony_SoS_Decision.pdf- ./OFFICIAL_SENSITIVE_Cooke_Anthony_SoS_Decision.pdf-4. He failed to maintain appropriate professional boundaries towards one or more pupils, ./OFFICIAL_SENSITIVE_Cooke_Anthony_SoS_Decision.pdf-by commenting on their Instagram posts. ./OFFICIAL_SENSITIVE_Cooke_Anthony_SoS_Decision.pdf- ./OFFICIAL_SENSITIVE_Cooke_Anthony_SoS_Decision.pdf:5. His conduct as may be found proven at Allegations 1 – 3 was sexually motivated. ./OFFICIAL_SENSITIVE_Cooke_Anthony_SoS_Decision.pdf- ./OFFICIAL_SENSITIVE_Cooke_Anthony_SoS_Decision.pdf-Mr Cooke admitted both the facts of the allegations and that they constituted ./OFFICIAL_SENSITIVE_Cooke_Anthony_SoS_Decision.pdf-unacceptable professional conduct and conduct that may bring the profession into ./OFFICIAL_SENSITIVE_Cooke_Anthony_SoS_Decision.pdf-disrepute. ./OFFICIAL_SENSITIVE_Cooke_Anthony_SoS_Decision.pdf- ./OFFICIAL_SENSITIVE_Cooke_Anthony_SoS_Decision.pdf-Preliminary applications ./OFFICIAL_SENSITIVE_Cooke_Anthony_SoS_Decision.pdf-The panel noted that there were typographical errors within the notice of meeting as ./OFFICIAL_SENSITIVE_Cooke_Anthony_SoS_Decision.pdf-regards the period of time stated in the stem of the allegation and the reference to an ./OFFICIAL_SENSITIVE_Cooke_Anthony_SoS_Decision.pdf-incorrect pupil in allegation 3c and 3d . The panel decide to amend the allegations to ./OFFICIAL_SENSITIVE_Cooke_Anthony_SoS_Decision.pdf-correct these errors. The panel was satisfied that the corrections did not change the -- ./OFFICIAL_SENSITIVE_Cooke_Anthony_SoS_Decision.pdf-maintain professional boundaries with Pupil A. ./OFFICIAL_SENSITIVE_Cooke_Anthony_SoS_Decision.pdf- ./OFFICIAL_SENSITIVE_Cooke_Anthony_SoS_Decision.pdf-2. You failed to maintain appropriate professional boundaries towards Pupil B; ./OFFICIAL_SENSITIVE_Cooke_Anthony_SoS_Decision.pdf- ./OFFICIAL_SENSITIVE_Cooke_Anthony_SoS_Decision.pdf-b. by sending messages by social media and/or by text: ./OFFICIAL_SENSITIVE_Cooke_Anthony_SoS_Decision.pdf- ./OFFICIAL_SENSITIVE_Cooke_Anthony_SoS_Decision.pdf- i. On or around 2 October 2019, “Come n be an alumni [REDACTED] [sic] at ./OFFICIAL_SENSITIVE_Cooke_Anthony_SoS_Decision.pdf-some point. He hee”. ./OFFICIAL_SENSITIVE_Cooke_Anthony_SoS_Decision.pdf- ./OFFICIAL_SENSITIVE_Cooke_Anthony_SoS_Decision.pdf- ii. On or around 2 October 2019, “just been for a costume fitting today…have ./OFFICIAL_SENSITIVE_Cooke_Anthony_SoS_Decision.pdf:to wear a big fuck off moustache… look like a Victorian porn star”. ./OFFICIAL_SENSITIVE_Cooke_Anthony_SoS_Decision.pdf- ./OFFICIAL_SENSITIVE_Cooke_Anthony_SoS_Decision.pdf- iii. On or around 1 Dec 2019, “After seein the pic u shared in FB, gonna ./OFFICIAL_SENSITIVE_Cooke_Anthony_SoS_Decision.pdf-adapt my TA film so that the snail is a radical suicide snail, and u stomp it!” ./OFFICIAL_SENSITIVE_Cooke_Anthony_SoS_Decision.pdf- ./OFFICIAL_SENSITIVE_Cooke_Anthony_SoS_Decision.pdf- iv. On or around 2 November 2019, posting or sharing a photograph of two ./OFFICIAL_SENSITIVE_Cooke_Anthony_SoS_Decision.pdf-pairs of naked legs on a bed; ./OFFICIAL_SENSITIVE_Cooke_Anthony_SoS_Decision.pdf- ./OFFICIAL_SENSITIVE_Cooke_Anthony_SoS_Decision.pdf- v. On or around 2 November 2019, “Uni, shmuni…can be a waste of cunting ./OFFICIAL_SENSITIVE_Cooke_Anthony_SoS_Decision.pdf-time”. ./OFFICIAL_SENSITIVE_Cooke_Anthony_SoS_Decision.pdf- -- ./OFFICIAL_SENSITIVE_Cooke_Anthony_SoS_Decision.pdf:professional boundaries with Pupil B because those messages contained sexual ./OFFICIAL_SENSITIVE_Cooke_Anthony_SoS_Decision.pdf-references, references to alcohol and foul language. ./OFFICIAL_SENSITIVE_Cooke_Anthony_SoS_Decision.pdf- ./OFFICIAL_SENSITIVE_Cooke_Anthony_SoS_Decision.pdf-The panel has seen the messages sent by Mr Cooke, and are satisfied that their content ./OFFICIAL_SENSITIVE_Cooke_Anthony_SoS_Decision.pdf-is as described in the sub-paragraphs (i) to (vi) of allegation 2b. The panel noted that the ./OFFICIAL_SENSITIVE_Cooke_Anthony_SoS_Decision.pdf-messages were sent to Pupil B approximately three years after she left the School. ./OFFICIAL_SENSITIVE_Cooke_Anthony_SoS_Decision.pdf-However, the comments related to his professional position, since they referred to Pupil ./OFFICIAL_SENSITIVE_Cooke_Anthony_SoS_Decision.pdf-B as being an alumni of the School, adapting the film he used with his pupils and his ./OFFICIAL_SENSITIVE_Cooke_Anthony_SoS_Decision.pdf-other duties as a caretaker. Those comments used language that was inappropriate for ./OFFICIAL_SENSITIVE_Cooke_Anthony_SoS_Decision.pdf-his professional position. The panel, therefore, considered that the content of the ./OFFICIAL_SENSITIVE_Cooke_Anthony_SoS_Decision.pdf-messages that Mr Cooke sent to Pupil B evidenced that he failed to maintain professional -- ./OFFICIAL_SENSITIVE_Cooke_Anthony_SoS_Decision.pdf-C approximately three years after she left the School. However, the comments related to ./OFFICIAL_SENSITIVE_Cooke_Anthony_SoS_Decision.pdf-his professional position, since they referenced Mr Cooke’s current cohort of pupils, and ./OFFICIAL_SENSITIVE_Cooke_Anthony_SoS_Decision.pdf-what they would think of Pupil C being involved in their film. Those comments used ./OFFICIAL_SENSITIVE_Cooke_Anthony_SoS_Decision.pdf-language that was inappropriate for his professional position. The panel, therefore, ./OFFICIAL_SENSITIVE_Cooke_Anthony_SoS_Decision.pdf-considered that the content of the messages that Mr Cooke sent to Pupil C evidenced ./OFFICIAL_SENSITIVE_Cooke_Anthony_SoS_Decision.pdf-that he failed to maintain professional boundaries with Pupil C. ./OFFICIAL_SENSITIVE_Cooke_Anthony_SoS_Decision.pdf- ./OFFICIAL_SENSITIVE_Cooke_Anthony_SoS_Decision.pdf-The panel considered that the content of the messages that Mr Cooke sent to Pupil C ./OFFICIAL_SENSITIVE_Cooke_Anthony_SoS_Decision.pdf-evidenced that he failed to maintain professional boundaries with Pupil C. ./OFFICIAL_SENSITIVE_Cooke_Anthony_SoS_Decision.pdf- ./OFFICIAL_SENSITIVE_Cooke_Anthony_SoS_Decision.pdf:5. Your conduct as may be found proven at Allegations 1 – 3 was sexually ./OFFICIAL_SENSITIVE_Cooke_Anthony_SoS_Decision.pdf-motivated. ./OFFICIAL_SENSITIVE_Cooke_Anthony_SoS_Decision.pdf- ./OFFICIAL_SENSITIVE_Cooke_Anthony_SoS_Decision.pdf-On 15 February 2022, Mr Cooke responded to the notice of referral admitting this ./OFFICIAL_SENSITIVE_Cooke_Anthony_SoS_Decision.pdf-allegation. ./OFFICIAL_SENSITIVE_Cooke_Anthony_SoS_Decision.pdf- ./OFFICIAL_SENSITIVE_Cooke_Anthony_SoS_Decision.pdf-On 15 July 2022, in a statement of agreed facts, Mr Cooke also admitted this allegation. ./OFFICIAL_SENSITIVE_Cooke_Anthony_SoS_Decision.pdf- ./OFFICIAL_SENSITIVE_Cooke_Anthony_SoS_Decision.pdf-Mr Cooke accepted that messages sent to Pupil A containing references to being ./OFFICIAL_SENSITIVE_Cooke_Anthony_SoS_Decision.pdf:squashed and/or crushed and/or sat or stood on top of, related to a fantasy for sexual ./OFFICIAL_SENSITIVE_Cooke_Anthony_SoS_Decision.pdf-gratification and that by sending these messages to Pupil A, he involved Pupil A in that ./OFFICIAL_SENSITIVE_Cooke_Anthony_SoS_Decision.pdf-fantasy. ./OFFICIAL_SENSITIVE_Cooke_Anthony_SoS_Decision.pdf- ./OFFICIAL_SENSITIVE_Cooke_Anthony_SoS_Decision.pdf-Mr Cooke also accepted that his actions in taking Pupil A to the staff room for the ./OFFICIAL_SENSITIVE_Cooke_Anthony_SoS_Decision.pdf:purpose of [REDACTED], originated from this sexual fantasy. ./OFFICIAL_SENSITIVE_Cooke_Anthony_SoS_Decision.pdf- ./OFFICIAL_SENSITIVE_Cooke_Anthony_SoS_Decision.pdf-He also accepted that his request to go with him to the Ha Ha to “[REDACTED]” as a ./OFFICIAL_SENSITIVE_Cooke_Anthony_SoS_Decision.pdf:sound effect for a TV show also related to this sexual fantasy. His request to Pupil C to ./OFFICIAL_SENSITIVE_Cooke_Anthony_SoS_Decision.pdf:[REDACTED] also related to this sexual fantasy. ./OFFICIAL_SENSITIVE_Cooke_Anthony_SoS_Decision.pdf- ./OFFICIAL_SENSITIVE_Cooke_Anthony_SoS_Decision.pdf-Mr Cooke accepted that his comment “flickin ur bean” was a reference to female ./OFFICIAL_SENSITIVE_Cooke_Anthony_SoS_Decision.pdf-masturbation. ./OFFICIAL_SENSITIVE_Cooke_Anthony_SoS_Decision.pdf- ./OFFICIAL_SENSITIVE_Cooke_Anthony_SoS_Decision.pdf- ./OFFICIAL_SENSITIVE_Cooke_Anthony_SoS_Decision.pdf- ./OFFICIAL_SENSITIVE_Cooke_Anthony_SoS_Decision.pdf- 11 ./OFFICIAL_SENSITIVE_Cooke_Anthony_SoS_Decision.pdf- -- ./OFFICIAL_SENSITIVE_Cooke_Anthony_SoS_Decision.pdf:Mr Cooke does not dispute that he engaged in activity which was of a sexual nature, ./OFFICIAL_SENSITIVE_Cooke_Anthony_SoS_Decision.pdf-namely: sending messages to current and former pupils in which he referred to his own ./OFFICIAL_SENSITIVE_Cooke_Anthony_SoS_Decision.pdf:sexual fantasies; making requests to them in relation to such sexual fantasies; and ./OFFICIAL_SENSITIVE_Cooke_Anthony_SoS_Decision.pdf:engaging Pupil A in such a sexual fantasy [REDACTED]. He accepts that he was ./OFFICIAL_SENSITIVE_Cooke_Anthony_SoS_Decision.pdf:sexually motivated when he engaged in this conduct, in that it was done in pursuit of ./OFFICIAL_SENSITIVE_Cooke_Anthony_SoS_Decision.pdf:sexual gratification. ./OFFICIAL_SENSITIVE_Cooke_Anthony_SoS_Decision.pdf- ./OFFICIAL_SENSITIVE_Cooke_Anthony_SoS_Decision.pdf-The panel has seen within the bundle extracts of internet searches confirming that ./OFFICIAL_SENSITIVE_Cooke_Anthony_SoS_Decision.pdf:[REDACTED] is known to be a sexual fetish. ./OFFICIAL_SENSITIVE_Cooke_Anthony_SoS_Decision.pdf- ./OFFICIAL_SENSITIVE_Cooke_Anthony_SoS_Decision.pdf:In light of the sexual content of the messages sent by Mr Cooke, his explanation of them, ./OFFICIAL_SENSITIVE_Cooke_Anthony_SoS_Decision.pdf-the reports made by pupils and Mr Cooke’s own admissions, the panel considered that ./OFFICIAL_SENSITIVE_Cooke_Anthony_SoS_Decision.pdf:Mr Cooke had engaged in sexually motivated conduct in that it was done in pursuit of ./OFFICIAL_SENSITIVE_Cooke_Anthony_SoS_Decision.pdf:sexual gratification as his actions related to his own sexual fantasies. ./OFFICIAL_SENSITIVE_Cooke_Anthony_SoS_Decision.pdf- ./OFFICIAL_SENSITIVE_Cooke_Anthony_SoS_Decision.pdf-The panel found the following allegations not proved: ./OFFICIAL_SENSITIVE_Cooke_Anthony_SoS_Decision.pdf- ./OFFICIAL_SENSITIVE_Cooke_Anthony_SoS_Decision.pdf-2. You failed to maintain appropriate professional boundaries towards Pupil B; ./OFFICIAL_SENSITIVE_Cooke_Anthony_SoS_Decision.pdf- ./OFFICIAL_SENSITIVE_Cooke_Anthony_SoS_Decision.pdf-a. by asking her to accompany you to the Ha Ha to ‘[REDACTED]’ as a sound effect ./OFFICIAL_SENSITIVE_Cooke_Anthony_SoS_Decision.pdf-for a film. ./OFFICIAL_SENSITIVE_Cooke_Anthony_SoS_Decision.pdf- ./OFFICIAL_SENSITIVE_Cooke_Anthony_SoS_Decision.pdf-On 15 February 2022, Mr Cooke responded to the notice of referral admitting this ./OFFICIAL_SENSITIVE_Cooke_Anthony_SoS_Decision.pdf-allegation. -- ./OFFICIAL_SENSITIVE_Cooke_Anthony_SoS_Decision.pdf- practices of the school in which they teach... ./OFFICIAL_SENSITIVE_Cooke_Anthony_SoS_Decision.pdf- ./OFFICIAL_SENSITIVE_Cooke_Anthony_SoS_Decision.pdf- Teachers must have an understanding of, and always act within, the statutory ./OFFICIAL_SENSITIVE_Cooke_Anthony_SoS_Decision.pdf- frameworks which set out their professional duties and responsibilities. ./OFFICIAL_SENSITIVE_Cooke_Anthony_SoS_Decision.pdf- ./OFFICIAL_SENSITIVE_Cooke_Anthony_SoS_Decision.pdf-The panel was satisfied that the conduct of Mr Cooke fell significantly short of the ./OFFICIAL_SENSITIVE_Cooke_Anthony_SoS_Decision.pdf-standards expected of the profession. ./OFFICIAL_SENSITIVE_Cooke_Anthony_SoS_Decision.pdf- ./OFFICIAL_SENSITIVE_Cooke_Anthony_SoS_Decision.pdf-The panel also considered whether Mr Cooke’s conduct displayed behaviours associated ./OFFICIAL_SENSITIVE_Cooke_Anthony_SoS_Decision.pdf-with any of the offences listed on pages 10 and 11 of the Advice. The panel found that ./OFFICIAL_SENSITIVE_Cooke_Anthony_SoS_Decision.pdf:the offence of sexual communication with a child was relevant. ./OFFICIAL_SENSITIVE_Cooke_Anthony_SoS_Decision.pdf- ./OFFICIAL_SENSITIVE_Cooke_Anthony_SoS_Decision.pdf-The Advice indicates that where behaviours associated with such an offence exist, a ./OFFICIAL_SENSITIVE_Cooke_Anthony_SoS_Decision.pdf-panel is likely to conclude that an individual’s conduct would amount to unacceptable ./OFFICIAL_SENSITIVE_Cooke_Anthony_SoS_Decision.pdf-professional conduct. ./OFFICIAL_SENSITIVE_Cooke_Anthony_SoS_Decision.pdf- ./OFFICIAL_SENSITIVE_Cooke_Anthony_SoS_Decision.pdf- 13 ./OFFICIAL_SENSITIVE_Cooke_Anthony_SoS_Decision.pdf- -- ./OFFICIAL_SENSITIVE_Cooke_Anthony_SoS_Decision.pdf-The panel noted that some of the conduct found proven took place outside the education ./OFFICIAL_SENSITIVE_Cooke_Anthony_SoS_Decision.pdf-setting. With regards to the conduct found proven in allegations 2 and 3c, 3d and 3e ./OFFICIAL_SENSITIVE_Cooke_Anthony_SoS_Decision.pdf-involving Pupil B and C, this occurred at a time when they were no longer pupils of the ./OFFICIAL_SENSITIVE_Cooke_Anthony_SoS_Decision.pdf-School. However, the panel considered that Mr Cooke’s conduct affected the way he ./OFFICIAL_SENSITIVE_Cooke_Anthony_SoS_Decision.pdf-fulfilled his teaching role given that he abused his professional position to advance his ./OFFICIAL_SENSITIVE_Cooke_Anthony_SoS_Decision.pdf:sexual fetishes. ./OFFICIAL_SENSITIVE_Cooke_Anthony_SoS_Decision.pdf- ./OFFICIAL_SENSITIVE_Cooke_Anthony_SoS_Decision.pdf-Some of the conduct towards Pupil A and Pupil C (in relation of allegations 3a and 3b) ./OFFICIAL_SENSITIVE_Cooke_Anthony_SoS_Decision.pdf-occurred outside of School hours, and through an online medium. Irrespective of this, it ./OFFICIAL_SENSITIVE_Cooke_Anthony_SoS_Decision.pdf-occurred at a time when they were pupils of the School. The panel was satisfied that Mr ./OFFICIAL_SENSITIVE_Cooke_Anthony_SoS_Decision.pdf-Cooke’s conduct affected the way he fulfilled his teaching role, since he had blurred the ./OFFICIAL_SENSITIVE_Cooke_Anthony_SoS_Decision.pdf-teacher pupil boundary and demonstrated a disregard for School policies. Furthermore, ./OFFICIAL_SENSITIVE_Cooke_Anthony_SoS_Decision.pdf:his actions exposed those pupils to his sexual fetishes. ./OFFICIAL_SENSITIVE_Cooke_Anthony_SoS_Decision.pdf- ./OFFICIAL_SENSITIVE_Cooke_Anthony_SoS_Decision.pdf-Accordingly, the panel was satisfied that Mr Cooke was guilty of unacceptable ./OFFICIAL_SENSITIVE_Cooke_Anthony_SoS_Decision.pdf-professional conduct. ./OFFICIAL_SENSITIVE_Cooke_Anthony_SoS_Decision.pdf- ./OFFICIAL_SENSITIVE_Cooke_Anthony_SoS_Decision.pdf-The panel took into account the way the teaching profession is viewed by others and ./OFFICIAL_SENSITIVE_Cooke_Anthony_SoS_Decision.pdf-considered the influence that teachers may have on pupils, parents and others in the ./OFFICIAL_SENSITIVE_Cooke_Anthony_SoS_Decision.pdf-community. The panel also took account of the uniquely influential role that teachers can ./OFFICIAL_SENSITIVE_Cooke_Anthony_SoS_Decision.pdf-hold in pupils’ lives and the fact that pupils must be able to view teachers as role models ./OFFICIAL_SENSITIVE_Cooke_Anthony_SoS_Decision.pdf-in the way they behave. ./OFFICIAL_SENSITIVE_Cooke_Anthony_SoS_Decision.pdf- -- ./OFFICIAL_SENSITIVE_Cooke_Anthony_SoS_Decision.pdf-orders should not be given in order to be punitive, or to show that blame has been ./OFFICIAL_SENSITIVE_Cooke_Anthony_SoS_Decision.pdf-apportioned, although they are likely to have a punitive effect. ./OFFICIAL_SENSITIVE_Cooke_Anthony_SoS_Decision.pdf- ./OFFICIAL_SENSITIVE_Cooke_Anthony_SoS_Decision.pdf-The panel had regard to the particular public interest considerations set out in the Advice ./OFFICIAL_SENSITIVE_Cooke_Anthony_SoS_Decision.pdf-and, having done so, found a number of them to be relevant in this case, namely the ./OFFICIAL_SENSITIVE_Cooke_Anthony_SoS_Decision.pdf-safeguarding and wellbeing of pupils: the protection of other members of the public; the ./OFFICIAL_SENSITIVE_Cooke_Anthony_SoS_Decision.pdf-maintenance of public confidence in the profession; and declaring and upholding proper ./OFFICIAL_SENSITIVE_Cooke_Anthony_SoS_Decision.pdf-standards of conduct. ./OFFICIAL_SENSITIVE_Cooke_Anthony_SoS_Decision.pdf- ./OFFICIAL_SENSITIVE_Cooke_Anthony_SoS_Decision.pdf-There was a strong public interest consideration in respect of the safeguarding and ./OFFICIAL_SENSITIVE_Cooke_Anthony_SoS_Decision.pdf:wellbeing of pupils given the serious findings of sexually motivated conduct towards ./OFFICIAL_SENSITIVE_Cooke_Anthony_SoS_Decision.pdf-pupils and former pupils. ./OFFICIAL_SENSITIVE_Cooke_Anthony_SoS_Decision.pdf- ./OFFICIAL_SENSITIVE_Cooke_Anthony_SoS_Decision.pdf-Similarly, the panel considered that public confidence in the profession could be seriously ./OFFICIAL_SENSITIVE_Cooke_Anthony_SoS_Decision.pdf-weakened if conduct such as that found against Mr Cooke were not treated with the ./OFFICIAL_SENSITIVE_Cooke_Anthony_SoS_Decision.pdf-utmost seriousness when regulating the conduct of the profession. ./OFFICIAL_SENSITIVE_Cooke_Anthony_SoS_Decision.pdf- ./OFFICIAL_SENSITIVE_Cooke_Anthony_SoS_Decision.pdf-The panel decided that a strong public interest consideration in declaring proper ./OFFICIAL_SENSITIVE_Cooke_Anthony_SoS_Decision.pdf-standards of conduct in the profession was also present as the conduct found against Mr ./OFFICIAL_SENSITIVE_Cooke_Anthony_SoS_Decision.pdf-Cooke was outside that which could reasonably be tolerated. ./OFFICIAL_SENSITIVE_Cooke_Anthony_SoS_Decision.pdf- -- ./OFFICIAL_SENSITIVE_Cooke_Anthony_SoS_Decision.pdf-behaviours relevant in this case are as follows: ./OFFICIAL_SENSITIVE_Cooke_Anthony_SoS_Decision.pdf- ./OFFICIAL_SENSITIVE_Cooke_Anthony_SoS_Decision.pdf- serious departure from the personal and professional conduct elements of the ./OFFICIAL_SENSITIVE_Cooke_Anthony_SoS_Decision.pdf- Teachers’ Standards; ./OFFICIAL_SENSITIVE_Cooke_Anthony_SoS_Decision.pdf- ./OFFICIAL_SENSITIVE_Cooke_Anthony_SoS_Decision.pdf- misconduct seriously affecting the education and/or well-being of pupils, and ./OFFICIAL_SENSITIVE_Cooke_Anthony_SoS_Decision.pdf- particularly where there is a continuing risk; ./OFFICIAL_SENSITIVE_Cooke_Anthony_SoS_Decision.pdf- ./OFFICIAL_SENSITIVE_Cooke_Anthony_SoS_Decision.pdf- abuse of position or trust (particularly involving vulnerable pupils); ./OFFICIAL_SENSITIVE_Cooke_Anthony_SoS_Decision.pdf- ./OFFICIAL_SENSITIVE_Cooke_Anthony_SoS_Decision.pdf: sexual misconduct, eg, involving actions that were sexually motivated or of a sexual ./OFFICIAL_SENSITIVE_Cooke_Anthony_SoS_Decision.pdf- nature and/or that use or exploit the trust, knowledge or influence derived from the ./OFFICIAL_SENSITIVE_Cooke_Anthony_SoS_Decision.pdf- individual’s professional position; and ./OFFICIAL_SENSITIVE_Cooke_Anthony_SoS_Decision.pdf- ./OFFICIAL_SENSITIVE_Cooke_Anthony_SoS_Decision.pdf- ./OFFICIAL_SENSITIVE_Cooke_Anthony_SoS_Decision.pdf- ./OFFICIAL_SENSITIVE_Cooke_Anthony_SoS_Decision.pdf- 15 ./OFFICIAL_SENSITIVE_Cooke_Anthony_SoS_Decision.pdf- -- ./OFFICIAL_SENSITIVE_Cooke_Anthony_SoS_Decision.pdf- to promote the safety and welfare of the children (as set out in Part 1 of KCSIE). ./OFFICIAL_SENSITIVE_Cooke_Anthony_SoS_Decision.pdf- ./OFFICIAL_SENSITIVE_Cooke_Anthony_SoS_Decision.pdf-Even though some of the behaviour found proved in this case indicated that a prohibition ./OFFICIAL_SENSITIVE_Cooke_Anthony_SoS_Decision.pdf-order would be appropriate, the panel went on to consider the mitigating factors. ./OFFICIAL_SENSITIVE_Cooke_Anthony_SoS_Decision.pdf-Mitigating factors may indicate that a prohibition order would not be appropriate or ./OFFICIAL_SENSITIVE_Cooke_Anthony_SoS_Decision.pdf-proportionate. ./OFFICIAL_SENSITIVE_Cooke_Anthony_SoS_Decision.pdf- ./OFFICIAL_SENSITIVE_Cooke_Anthony_SoS_Decision.pdf-There was no evidence that Mr Cooke’s actions were not deliberate. ./OFFICIAL_SENSITIVE_Cooke_Anthony_SoS_Decision.pdf- ./OFFICIAL_SENSITIVE_Cooke_Anthony_SoS_Decision.pdf-There was no evidence to suggest that Mr Cooke was acting under duress, and, in fact, ./OFFICIAL_SENSITIVE_Cooke_Anthony_SoS_Decision.pdf:the panel found Mr Cooke’s actions to be sexually motivated. ./OFFICIAL_SENSITIVE_Cooke_Anthony_SoS_Decision.pdf- ./OFFICIAL_SENSITIVE_Cooke_Anthony_SoS_Decision.pdf-There was no evidence that Mr Cooke has demonstrated exceptionally high standards in ./OFFICIAL_SENSITIVE_Cooke_Anthony_SoS_Decision.pdf-both personal and professional conduct or that he has contributed significantly to the ./OFFICIAL_SENSITIVE_Cooke_Anthony_SoS_Decision.pdf-education sector. ./OFFICIAL_SENSITIVE_Cooke_Anthony_SoS_Decision.pdf- ./OFFICIAL_SENSITIVE_Cooke_Anthony_SoS_Decision.pdf-Mr Cooke taught at the School since 2007 and the panel has not been made aware of ./OFFICIAL_SENSITIVE_Cooke_Anthony_SoS_Decision.pdf-any previous disciplinary findings or warnings against him. He has adduced no evidence ./OFFICIAL_SENSITIVE_Cooke_Anthony_SoS_Decision.pdf-attesting to his character or teaching ability. ./OFFICIAL_SENSITIVE_Cooke_Anthony_SoS_Decision.pdf- ./OFFICIAL_SENSITIVE_Cooke_Anthony_SoS_Decision.pdf-Mr Cooke has stated that he apologises unreservedly for his past behaviours, that he is -- ./OFFICIAL_SENSITIVE_Cooke_Anthony_SoS_Decision.pdf:Cooke. The nature of his communications with pupils and former pupils was sexually ./OFFICIAL_SENSITIVE_Cooke_Anthony_SoS_Decision.pdf-motivated, and on one occasion culminated in acting out his fantasies with a pupil in the ./OFFICIAL_SENSITIVE_Cooke_Anthony_SoS_Decision.pdf-School. This was a significant factor for the panel in forming its opinion. Accordingly, the ./OFFICIAL_SENSITIVE_Cooke_Anthony_SoS_Decision.pdf-panel made a recommendation to the Secretary of State that a prohibition order should ./OFFICIAL_SENSITIVE_Cooke_Anthony_SoS_Decision.pdf-be imposed with immediate effect. ./OFFICIAL_SENSITIVE_Cooke_Anthony_SoS_Decision.pdf- ./OFFICIAL_SENSITIVE_Cooke_Anthony_SoS_Decision.pdf-The panel went on to consider whether or not it would be appropriate to recommend that ./OFFICIAL_SENSITIVE_Cooke_Anthony_SoS_Decision.pdf-a review period of the order should be considered. The panel was mindful that the Advice ./OFFICIAL_SENSITIVE_Cooke_Anthony_SoS_Decision.pdf-states that a prohibition order applies for life, but there may be circumstances, in any ./OFFICIAL_SENSITIVE_Cooke_Anthony_SoS_Decision.pdf-given case, that may make it appropriate to allow a teacher to apply to have the ./OFFICIAL_SENSITIVE_Cooke_Anthony_SoS_Decision.pdf-prohibition order reviewed after a specified period of time that may not be less than 2 ./OFFICIAL_SENSITIVE_Cooke_Anthony_SoS_Decision.pdf-years. ./OFFICIAL_SENSITIVE_Cooke_Anthony_SoS_Decision.pdf- ./OFFICIAL_SENSITIVE_Cooke_Anthony_SoS_Decision.pdf-The Advice indicates that there are behaviours that, if proved, would militate against the ./OFFICIAL_SENSITIVE_Cooke_Anthony_SoS_Decision.pdf:recommendation of a review period. One of these behaviours include serious sexual ./OFFICIAL_SENSITIVE_Cooke_Anthony_SoS_Decision.pdf:misconduct, such as where the act was sexually motivated and resulted in or had the ./OFFICIAL_SENSITIVE_Cooke_Anthony_SoS_Decision.pdf-potential to result in, harm to a person or persons, particularly where the individual has ./OFFICIAL_SENSITIVE_Cooke_Anthony_SoS_Decision.pdf-used his professional position to influence or exploit a person or persons. The panel ./OFFICIAL_SENSITIVE_Cooke_Anthony_SoS_Decision.pdf:found that Mr Cooke was responsible for sexually motivated conduct using his position to ./OFFICIAL_SENSITIVE_Cooke_Anthony_SoS_Decision.pdf:engage with pupils and former pupils for his own sexual gratification. ./OFFICIAL_SENSITIVE_Cooke_Anthony_SoS_Decision.pdf- ./OFFICIAL_SENSITIVE_Cooke_Anthony_SoS_Decision.pdf-Whilst Mr Cooke has demonstrated remorse, his insight is not sufficient to provide ./OFFICIAL_SENSITIVE_Cooke_Anthony_SoS_Decision.pdf-comfort regarding the risk of repetition, particularly given that his actions spanned a ./OFFICIAL_SENSITIVE_Cooke_Anthony_SoS_Decision.pdf-number of years. ./OFFICIAL_SENSITIVE_Cooke_Anthony_SoS_Decision.pdf- ./OFFICIAL_SENSITIVE_Cooke_Anthony_SoS_Decision.pdf-The panel decided that the findings indicated a situation in which a review period would ./OFFICIAL_SENSITIVE_Cooke_Anthony_SoS_Decision.pdf-not be appropriate and, as such, decided that it would be proportionate in all the ./OFFICIAL_SENSITIVE_Cooke_Anthony_SoS_Decision.pdf-circumstances for the prohibition order to be recommended without provision for a review ./OFFICIAL_SENSITIVE_Cooke_Anthony_SoS_Decision.pdf-period. ./OFFICIAL_SENSITIVE_Cooke_Anthony_SoS_Decision.pdf- -- ./OFFICIAL_SENSITIVE_Cooke_Anthony_SoS_Decision.pdf- Teachers must have proper and professional regard for the ethos, policies and ./OFFICIAL_SENSITIVE_Cooke_Anthony_SoS_Decision.pdf- practices of the school in which they teach... ./OFFICIAL_SENSITIVE_Cooke_Anthony_SoS_Decision.pdf- ./OFFICIAL_SENSITIVE_Cooke_Anthony_SoS_Decision.pdf- Teachers must have an understanding of, and always act within, the statutory ./OFFICIAL_SENSITIVE_Cooke_Anthony_SoS_Decision.pdf- frameworks which set out their professional duties and responsibilities. ./OFFICIAL_SENSITIVE_Cooke_Anthony_SoS_Decision.pdf- ./OFFICIAL_SENSITIVE_Cooke_Anthony_SoS_Decision.pdf-The panel finds that the conduct of Mr Cooke fell significantly short of the standards ./OFFICIAL_SENSITIVE_Cooke_Anthony_SoS_Decision.pdf-expected of the profession. ./OFFICIAL_SENSITIVE_Cooke_Anthony_SoS_Decision.pdf- ./OFFICIAL_SENSITIVE_Cooke_Anthony_SoS_Decision.pdf-The findings of misconduct are particularly serious as the panel considered that Mr ./OFFICIAL_SENSITIVE_Cooke_Anthony_SoS_Decision.pdf:Cooke had engaged in sexually motivated conduct. ./OFFICIAL_SENSITIVE_Cooke_Anthony_SoS_Decision.pdf- ./OFFICIAL_SENSITIVE_Cooke_Anthony_SoS_Decision.pdf-I have to determine whether the imposition of a prohibition order is proportionate and in ./OFFICIAL_SENSITIVE_Cooke_Anthony_SoS_Decision.pdf-the public interest. In considering that for this case, I have considered the overall aim of a ./OFFICIAL_SENSITIVE_Cooke_Anthony_SoS_Decision.pdf-prohibition order which is to protect pupils and to maintain public confidence in the ./OFFICIAL_SENSITIVE_Cooke_Anthony_SoS_Decision.pdf-profession. I have considered the extent to which a prohibition order in this case would ./OFFICIAL_SENSITIVE_Cooke_Anthony_SoS_Decision.pdf-achieve that aim taking into account the impact that it will have on the individual teacher. ./OFFICIAL_SENSITIVE_Cooke_Anthony_SoS_Decision.pdf-I have also asked myself, whether a less intrusive measure, such as the published ./OFFICIAL_SENSITIVE_Cooke_Anthony_SoS_Decision.pdf-finding of unacceptable professional conduct and conduct that may bring the profession ./OFFICIAL_SENSITIVE_Cooke_Anthony_SoS_Decision.pdf-into disrepute, would itself be sufficient to achieve the overall aim. I have to consider ./OFFICIAL_SENSITIVE_Cooke_Anthony_SoS_Decision.pdf-whether the consequences of such a publication are themselves sufficient. I have ./OFFICIAL_SENSITIVE_Cooke_Anthony_SoS_Decision.pdf-considered therefore whether or not prohibiting Mr Cooke and the impact that will have ./OFFICIAL_SENSITIVE_Cooke_Anthony_SoS_Decision.pdf-on the teacher, is proportionate and in the public interest. ./OFFICIAL_SENSITIVE_Cooke_Anthony_SoS_Decision.pdf- ./OFFICIAL_SENSITIVE_Cooke_Anthony_SoS_Decision.pdf-In this case, I have considered the extent to which a prohibition order would protect ./OFFICIAL_SENSITIVE_Cooke_Anthony_SoS_Decision.pdf-children/safeguard pupils. The panel has observed, “The panel was satisfied that Mr ./OFFICIAL_SENSITIVE_Cooke_Anthony_SoS_Decision.pdf-Cooke’s conduct affected the way he fulfilled his teaching role, since he had blurred the ./OFFICIAL_SENSITIVE_Cooke_Anthony_SoS_Decision.pdf-teacher pupil boundary and demonstrated a disregard for School policies. Furthermore, ./OFFICIAL_SENSITIVE_Cooke_Anthony_SoS_Decision.pdf:his actions exposed those pupils to his sexual fetishes.” A prohibition order would ./OFFICIAL_SENSITIVE_Cooke_Anthony_SoS_Decision.pdf-therefore prevent such a risk from being present in the future. ./OFFICIAL_SENSITIVE_Cooke_Anthony_SoS_Decision.pdf- ./OFFICIAL_SENSITIVE_Cooke_Anthony_SoS_Decision.pdf-I have also taken into account the panel’s comments on insight and remorse, which the ./OFFICIAL_SENSITIVE_Cooke_Anthony_SoS_Decision.pdf-panel sets out as follows, “Whilst Mr Cooke has demonstrated remorse, his insight is not ./OFFICIAL_SENSITIVE_Cooke_Anthony_SoS_Decision.pdf-sufficient to provide comfort regarding the risk of repetition, particularly given that his ./OFFICIAL_SENSITIVE_Cooke_Anthony_SoS_Decision.pdf-actions spanned a number of years.” In my judgement, the lack of insight means that ./OFFICIAL_SENSITIVE_Cooke_Anthony_SoS_Decision.pdf- ./OFFICIAL_SENSITIVE_Cooke_Anthony_SoS_Decision.pdf- ./OFFICIAL_SENSITIVE_Cooke_Anthony_SoS_Decision.pdf- 18 ./OFFICIAL_SENSITIVE_Cooke_Anthony_SoS_Decision.pdf- -- ./OFFICIAL_SENSITIVE_Cooke_Anthony_SoS_Decision.pdf-there is some risk of the repetition of this behaviour and this puts at risk the future ./OFFICIAL_SENSITIVE_Cooke_Anthony_SoS_Decision.pdf-wellbeing of pupils’. I have therefore given this element considerable weight in reaching ./OFFICIAL_SENSITIVE_Cooke_Anthony_SoS_Decision.pdf-my decision. ./OFFICIAL_SENSITIVE_Cooke_Anthony_SoS_Decision.pdf- ./OFFICIAL_SENSITIVE_Cooke_Anthony_SoS_Decision.pdf-I have gone on to consider the extent to which a prohibition order would maintain public ./OFFICIAL_SENSITIVE_Cooke_Anthony_SoS_Decision.pdf-confidence in the profession. The panel observe, “the panel considered that public ./OFFICIAL_SENSITIVE_Cooke_Anthony_SoS_Decision.pdf-confidence in the profession could be seriously weakened if conduct such as that found ./OFFICIAL_SENSITIVE_Cooke_Anthony_SoS_Decision.pdf-against Mr Cooke were not treated with the utmost seriousness when regulating the ./OFFICIAL_SENSITIVE_Cooke_Anthony_SoS_Decision.pdf-conduct of the profession.” I am particularly mindful of the finding that Mr Cooke’s ./OFFICIAL_SENSITIVE_Cooke_Anthony_SoS_Decision.pdf:conduct was sexually motivated and the impact that such a finding has on the reputation ./OFFICIAL_SENSITIVE_Cooke_Anthony_SoS_Decision.pdf-of the profession. ./OFFICIAL_SENSITIVE_Cooke_Anthony_SoS_Decision.pdf- ./OFFICIAL_SENSITIVE_Cooke_Anthony_SoS_Decision.pdf-I have had to consider that the public has a high expectation of professional standards of ./OFFICIAL_SENSITIVE_Cooke_Anthony_SoS_Decision.pdf-all teachers and that the public might regard a failure to impose a prohibition order as a ./OFFICIAL_SENSITIVE_Cooke_Anthony_SoS_Decision.pdf-failure to uphold those high standards. In weighing these considerations, I have had to ./OFFICIAL_SENSITIVE_Cooke_Anthony_SoS_Decision.pdf-consider the matter from the point of view of an “ordinary intelligent and well-informed ./OFFICIAL_SENSITIVE_Cooke_Anthony_SoS_Decision.pdf-citizen.” ./OFFICIAL_SENSITIVE_Cooke_Anthony_SoS_Decision.pdf- ./OFFICIAL_SENSITIVE_Cooke_Anthony_SoS_Decision.pdf-I have considered whether the publication of a finding of unacceptable professional ./OFFICIAL_SENSITIVE_Cooke_Anthony_SoS_Decision.pdf-conduct, in the absence of a prohibition order, can itself be regarded by such a person as -- ./OFFICIAL_SENSITIVE_Cooke_Anthony_SoS_Decision.pdf-I have considered the panel’s comments “The Advice indicates that there are behaviours ./OFFICIAL_SENSITIVE_Cooke_Anthony_SoS_Decision.pdf-that, if proved, would militate against the recommendation of a review period. One of ./OFFICIAL_SENSITIVE_Cooke_Anthony_SoS_Decision.pdf:these behaviours include serious sexual misconduct, such as where the act was sexually ./OFFICIAL_SENSITIVE_Cooke_Anthony_SoS_Decision.pdf-motivated and resulted in or had the potential to result in, harm to a person or persons, ./OFFICIAL_SENSITIVE_Cooke_Anthony_SoS_Decision.pdf-particularly where the individual has used his professional position to influence or exploit ./OFFICIAL_SENSITIVE_Cooke_Anthony_SoS_Decision.pdf:a person or persons. The panel found that Mr Cooke was responsible for sexually ./OFFICIAL_SENSITIVE_Cooke_Anthony_SoS_Decision.pdf-motivated conduct using his position to engage with pupils and former pupils for his own ./OFFICIAL_SENSITIVE_Cooke_Anthony_SoS_Decision.pdf:sexual gratification.” ./OFFICIAL_SENSITIVE_Cooke_Anthony_SoS_Decision.pdf- ./OFFICIAL_SENSITIVE_Cooke_Anthony_SoS_Decision.pdf-I have considered whether allowing a review period reflects the seriousness of the ./OFFICIAL_SENSITIVE_Cooke_Anthony_SoS_Decision.pdf-findings and is proportionate to achieve the aim of maintaining public confidence in the ./OFFICIAL_SENSITIVE_Cooke_Anthony_SoS_Decision.pdf-profession. In this case, factors mean that allowing a review period is not sufficient to ./OFFICIAL_SENSITIVE_Cooke_Anthony_SoS_Decision.pdf-achieve the aim of maintaining public confidence in the profession. These elements are ./OFFICIAL_SENSITIVE_Cooke_Anthony_SoS_Decision.pdf:the sexually motivated conduct spanning a number of years and the lack of insight. I ./OFFICIAL_SENSITIVE_Cooke_Anthony_SoS_Decision.pdf-consider therefore that allowing for no review period is necessary to maintain public ./OFFICIAL_SENSITIVE_Cooke_Anthony_SoS_Decision.pdf-confidence and is proportionate and in the public interest. ./OFFICIAL_SENSITIVE_Cooke_Anthony_SoS_Decision.pdf- ./OFFICIAL_SENSITIVE_Cooke_Anthony_SoS_Decision.pdf-This means that Mr Anthony Cooke is prohibited from teaching indefinitely and ./OFFICIAL_SENSITIVE_Cooke_Anthony_SoS_Decision.pdf-cannot teach in any school, sixth form college, relevant youth accommodation or ./OFFICIAL_SENSITIVE_Cooke_Anthony_SoS_Decision.pdf-children’s home in England. Furthermore, in view of the seriousness of the allegations ./OFFICIAL_SENSITIVE_Cooke_Anthony_SoS_Decision.pdf-found proved against him, I have decided that Mr Cooke shall not be entitled to apply for ./OFFICIAL_SENSITIVE_Cooke_Anthony_SoS_Decision.pdf-restoration of his eligibility to teach. ./OFFICIAL_SENSITIVE_Cooke_Anthony_SoS_Decision.pdf- ./OFFICIAL_SENSITIVE_Cooke_Anthony_SoS_Decision.pdf-This order takes effect from the date on which it is served on the teacher. ./OFFICIAL_SENSITIVE_Craig_Robert_SoS_Decision.pdf-communication that he was making with her daughter. Pupil A's mother welcomed the ./OFFICIAL_SENSITIVE_Craig_Robert_SoS_Decision.pdf-support for her daughter, believing it was in her best interests. The panel recognised that ./OFFICIAL_SENSITIVE_Craig_Robert_SoS_Decision.pdf-Dr Craig received a final written warning and should have understood at that stage that ./OFFICIAL_SENSITIVE_Craig_Robert_SoS_Decision.pdf-his actions were inappropriate but accepted he believed that his continued support would ./OFFICIAL_SENSITIVE_Craig_Robert_SoS_Decision.pdf-enable Pupil A to achieve her potential. Dr Craig now fully accepts that he should have ./OFFICIAL_SENSITIVE_Craig_Robert_SoS_Decision.pdf-followed the advice in the written warning. The bundle demonstrates that, during his ./OFFICIAL_SENSITIVE_Craig_Robert_SoS_Decision.pdf-career, similar support for other pupils brought about benefits which they continue to ./OFFICIAL_SENSITIVE_Craig_Robert_SoS_Decision.pdf-recognise throughout their lives. ./OFFICIAL_SENSITIVE_Craig_Robert_SoS_Decision.pdf- ./OFFICIAL_SENSITIVE_Craig_Robert_SoS_Decision.pdf-It is accepted by all parties that Dr Craig's actions did not amount to any form of ./OFFICIAL_SENSITIVE_Craig_Robert_SoS_Decision.pdf:grooming and was not in any way sexually motivated. The panel concluded that the ./OFFICIAL_SENSITIVE_Craig_Robert_SoS_Decision.pdf-admitted conduct did go beyond proper professional boundaries but did not extend to any ./OFFICIAL_SENSITIVE_Craig_Robert_SoS_Decision.pdf-abuse of position of trust. ./OFFICIAL_SENSITIVE_Craig_Robert_SoS_Decision.pdf- ./OFFICIAL_SENSITIVE_Craig_Robert_SoS_Decision.pdf-The panel recognised that the apparently inappropriate use of terms such as “I love you”, ./OFFICIAL_SENSITIVE_Craig_Robert_SoS_Decision.pdf-“agape” and “you are very special” could be misinterpreted by somebody reading the ./OFFICIAL_SENSITIVE_Craig_Robert_SoS_Decision.pdf-evidence. However, having heard the oral evidence and testing of it by further questions, ./OFFICIAL_SENSITIVE_Craig_Robert_SoS_Decision.pdf:the panel was satisfied that the language was used in a non-sexual sense. ./OFFICIAL_SENSITIVE_Craig_Robert_SoS_Decision.pdf- ./OFFICIAL_SENSITIVE_Craig_Robert_SoS_Decision.pdf-The panel therefore ultimately formed the view that, applying the standard of the ordinary ./OFFICIAL_SENSITIVE_Craig_Robert_SoS_Decision.pdf-intelligent citizen, the recommendation of no prohibition order would be both a ./OFFICIAL_SENSITIVE_Craig_Robert_SoS_Decision.pdf-proportionate and an appropriate response. Given that the nature and severity of the ./OFFICIAL_SENSITIVE_Craig_Robert_SoS_Decision.pdf-behaviour were at the less serious end of the possible spectrum and in light of the ./OFFICIAL_SENSITIVE_Craig_Robert_SoS_Decision.pdf-mitigating factors that were present in this case, the panel determined that a ./OFFICIAL_SENSITIVE_Craig_Robert_SoS_Decision.pdf-recommendation for a prohibition order would not be appropriate in this case. The panel ./OFFICIAL_SENSITIVE_Craig_Robert_SoS_Decision.pdf-considered that the publication of the adverse findings it had made was sufficient to send ./OFFICIAL_SENSITIVE_Craig_Robert_SoS_Decision.pdf-an appropriate message to the teacher as to the standards of behaviour that are not ./OFFICIAL_SENSITIVE_Craig_Robert_SoS_Decision.pdf-acceptable, and the publication would meet the public interest requirement of declaring -- ./OFFICIAL_SENSITIVE_Craig_Robert_SoS_Decision.pdf-and testimonials, including from parents and former pupils and people of seniority and ./OFFICIAL_SENSITIVE_Craig_Robert_SoS_Decision.pdf-standing in the educational, legal and faith communities who have worked with Dr Craig ./OFFICIAL_SENSITIVE_Craig_Robert_SoS_Decision.pdf-for many years. It is clear they have high regard for his teaching abilities, his scholarship, ./OFFICIAL_SENSITIVE_Craig_Robert_SoS_Decision.pdf-his personal integrity, his commitment, dedication and passion for teaching.” ./OFFICIAL_SENSITIVE_Craig_Robert_SoS_Decision.pdf- ./OFFICIAL_SENSITIVE_Craig_Robert_SoS_Decision.pdf-A prohibition order would prevent Dr Craig from teaching and would also clearly deprive ./OFFICIAL_SENSITIVE_Craig_Robert_SoS_Decision.pdf-the public of his contribution to the profession for the period that it is in force. ./OFFICIAL_SENSITIVE_Craig_Robert_SoS_Decision.pdf- ./OFFICIAL_SENSITIVE_Craig_Robert_SoS_Decision.pdf-In this case, I have placed considerable weight on the panel’s comments concerning the ./OFFICIAL_SENSITIVE_Craig_Robert_SoS_Decision.pdf-behaviour. The panel has said, “It is accepted by all parties that Dr Craig's actions did not ./OFFICIAL_SENSITIVE_Craig_Robert_SoS_Decision.pdf:amount to any form of grooming and was not in any way sexually motivated. The panel ./OFFICIAL_SENSITIVE_Craig_Robert_SoS_Decision.pdf- ./OFFICIAL_SENSITIVE_Crofts_Charlotte_SoS_Decision_Redacted.pdf- d. Allowing Pupil A to meet her family members, including: ./OFFICIAL_SENSITIVE_Crofts_Charlotte_SoS_Decision_Redacted.pdf- i. Her mother; ./OFFICIAL_SENSITIVE_Crofts_Charlotte_SoS_Decision_Redacted.pdf- ii. Her brother; ./OFFICIAL_SENSITIVE_Crofts_Charlotte_SoS_Decision_Redacted.pdf- iii. Her child; ./OFFICIAL_SENSITIVE_Crofts_Charlotte_SoS_Decision_Redacted.pdf- e. Touching Pupil A’ genital area on one or more occasions; ./OFFICIAL_SENSITIVE_Crofts_Charlotte_SoS_Decision_Redacted.pdf- f. Allowing Pupil A to touch her genital areas on one or more occasions; ./OFFICIAL_SENSITIVE_Crofts_Charlotte_SoS_Decision_Redacted.pdf- g. Taking Pupil A to a Teaching Assistant’s house who was on maternity ./OFFICIAL_SENSITIVE_Crofts_Charlotte_SoS_Decision_Redacted.pdf- leave. ./OFFICIAL_SENSITIVE_Crofts_Charlotte_SoS_Decision_Redacted.pdf- 2. Her conduct as may be found proven at Allegation 1(g) above was against an ./OFFICIAL_SENSITIVE_Crofts_Charlotte_SoS_Decision_Redacted.pdf- instruction given to her by the Principal. ./OFFICIAL_SENSITIVE_Crofts_Charlotte_SoS_Decision_Redacted.pdf: 3. Her conduct as may be found proven at Allegation 1 above was of a sexual nature ./OFFICIAL_SENSITIVE_Crofts_Charlotte_SoS_Decision_Redacted.pdf: and/or was sexually motivated. ./OFFICIAL_SENSITIVE_Crofts_Charlotte_SoS_Decision_Redacted.pdf-Ms Charlotte Crofts admitted the facts of allegation 1a to 1d and 1g. Ms Crofts denied ./OFFICIAL_SENSITIVE_Crofts_Charlotte_SoS_Decision_Redacted.pdf-allegations 1e, 1f, 2 and 3. Ms Crofts did not admit unacceptable professional conduct ./OFFICIAL_SENSITIVE_Crofts_Charlotte_SoS_Decision_Redacted.pdf-and/or conduct that may bring the profession into disrepute. ./OFFICIAL_SENSITIVE_Crofts_Charlotte_SoS_Decision_Redacted.pdf- ./OFFICIAL_SENSITIVE_Crofts_Charlotte_SoS_Decision_Redacted.pdf- ./OFFICIAL_SENSITIVE_Crofts_Charlotte_SoS_Decision_Redacted.pdf-Preliminary applications ./OFFICIAL_SENSITIVE_Crofts_Charlotte_SoS_Decision_Redacted.pdf-The presenting officer applied for the hearing to continue in the absence of the teacher. ./OFFICIAL_SENSITIVE_Crofts_Charlotte_SoS_Decision_Redacted.pdf- ./OFFICIAL_SENSITIVE_Crofts_Charlotte_SoS_Decision_Redacted.pdf-The panel was satisfied that the TRA had complied with the service requirements of ./OFFICIAL_SENSITIVE_Crofts_Charlotte_SoS_Decision_Redacted.pdf-paragraph 19 a to c of the Teachers’ Disciplinary (England) Regulations 2012, (the -- ./OFFICIAL_SENSITIVE_Crofts_Charlotte_SoS_Decision_Redacted.pdf-considered that in light of the teacher’s waiver of her right to appear; by taking such ./OFFICIAL_SENSITIVE_Crofts_Charlotte_SoS_Decision_Redacted.pdf-measures referred to above to address that unfairness insofar as is possible; and taking ./OFFICIAL_SENSITIVE_Crofts_Charlotte_SoS_Decision_Redacted.pdf-account of the inconvenience an adjournment would cause to the witnesses; that on ./OFFICIAL_SENSITIVE_Crofts_Charlotte_SoS_Decision_Redacted.pdf-balance, these are serious allegations and the public interest in this hearing proceeding ./OFFICIAL_SENSITIVE_Crofts_Charlotte_SoS_Decision_Redacted.pdf-within a reasonable time is in favour of this hearing continuing. ./OFFICIAL_SENSITIVE_Crofts_Charlotte_SoS_Decision_Redacted.pdf- ./OFFICIAL_SENSITIVE_Crofts_Charlotte_SoS_Decision_Redacted.pdf-Application for vulnerable witness measures ./OFFICIAL_SENSITIVE_Crofts_Charlotte_SoS_Decision_Redacted.pdf- ./OFFICIAL_SENSITIVE_Crofts_Charlotte_SoS_Decision_Redacted.pdf-The panel directed that Pupil A was to be treated as a vulnerable witness since the panel ./OFFICIAL_SENSITIVE_Crofts_Charlotte_SoS_Decision_Redacted.pdf-was satisfied that the quality of his evidence was likely to be adversely affected given that ./OFFICIAL_SENSITIVE_Crofts_Charlotte_SoS_Decision_Redacted.pdf:the allegation against the teacher was of a sexual nature and he was the alleged victim. ./OFFICIAL_SENSITIVE_Crofts_Charlotte_SoS_Decision_Redacted.pdf-Medical diagnoses also mean that Pupil A is recognised as significantly impaired in ./OFFICIAL_SENSITIVE_Crofts_Charlotte_SoS_Decision_Redacted.pdf-relation to intelligence and social functioning. ./OFFICIAL_SENSITIVE_Crofts_Charlotte_SoS_Decision_Redacted.pdf- ./OFFICIAL_SENSITIVE_Crofts_Charlotte_SoS_Decision_Redacted.pdf-The panel decided to allow a witness supporter to accompany Pupil A. ./OFFICIAL_SENSITIVE_Crofts_Charlotte_SoS_Decision_Redacted.pdf- ./OFFICIAL_SENSITIVE_Crofts_Charlotte_SoS_Decision_Redacted.pdf-The panel also noted that Pupil A may be identified, should the identity of his mother, ./OFFICIAL_SENSITIVE_Crofts_Charlotte_SoS_Decision_Redacted.pdf-also a witness in the case, be disclosed either in the hearing papers or in oral evidence. ./OFFICIAL_SENSITIVE_Crofts_Charlotte_SoS_Decision_Redacted.pdf- ./OFFICIAL_SENSITIVE_Crofts_Charlotte_SoS_Decision_Redacted.pdf-Paragraph 4.60 of the Procedures allows the panel, if it considers it to be in the interests ./OFFICIAL_SENSITIVE_Crofts_Charlotte_SoS_Decision_Redacted.pdf-of justice, to decide that the name and identity of a witness, either referred to in the -- ./OFFICIAL_SENSITIVE_Crofts_Charlotte_SoS_Decision_Redacted.pdf-The panel has decided that, in the circumstances of this case, it was appropriate to ./OFFICIAL_SENSITIVE_Crofts_Charlotte_SoS_Decision_Redacted.pdf-anonymise the name of Pupil A’s mother. Pupil A was a vulnerable witness and the ./OFFICIAL_SENSITIVE_Crofts_Charlotte_SoS_Decision_Redacted.pdf:allegation against the teacher was of a sexual nature with Pupil A being the alleged ./OFFICIAL_SENSITIVE_Crofts_Charlotte_SoS_Decision_Redacted.pdf-victim. ./OFFICIAL_SENSITIVE_Crofts_Charlotte_SoS_Decision_Redacted.pdf- ./OFFICIAL_SENSITIVE_Crofts_Charlotte_SoS_Decision_Redacted.pdf-Additional documents ./OFFICIAL_SENSITIVE_Crofts_Charlotte_SoS_Decision_Redacted.pdf- ./OFFICIAL_SENSITIVE_Crofts_Charlotte_SoS_Decision_Redacted.pdf-The presenting officer applied to admit the full police statements of Witness A, Witness B ./OFFICIAL_SENSITIVE_Crofts_Charlotte_SoS_Decision_Redacted.pdf-and Witness C. The panel took account of the representations from the presenting ./OFFICIAL_SENSITIVE_Crofts_Charlotte_SoS_Decision_Redacted.pdf-officer. The panel exercised caution in exercising its discretion to admit documents under ./OFFICIAL_SENSITIVE_Crofts_Charlotte_SoS_Decision_Redacted.pdf-paragraph 4.25 of the Procedures, given that it had determined to proceed with the ./OFFICIAL_SENSITIVE_Crofts_Charlotte_SoS_Decision_Redacted.pdf-hearing in the absence of the teacher. ./OFFICIAL_SENSITIVE_Crofts_Charlotte_SoS_Decision_Redacted.pdf- -- ./OFFICIAL_SENSITIVE_Crofts_Charlotte_SoS_Decision_Redacted.pdf-living room. The panel also noted that Ms Crofts admitted to taking Pupil A to a teaching ./OFFICIAL_SENSITIVE_Crofts_Charlotte_SoS_Decision_Redacted.pdf-assistant’s house. ./OFFICIAL_SENSITIVE_Crofts_Charlotte_SoS_Decision_Redacted.pdf- ./OFFICIAL_SENSITIVE_Crofts_Charlotte_SoS_Decision_Redacted.pdf-The panel therefore, found this allegation proved. ./OFFICIAL_SENSITIVE_Crofts_Charlotte_SoS_Decision_Redacted.pdf- ./OFFICIAL_SENSITIVE_Crofts_Charlotte_SoS_Decision_Redacted.pdf: 3. Your conduct as may be found proven at Allegation 1 above was of a sexual ./OFFICIAL_SENSITIVE_Crofts_Charlotte_SoS_Decision_Redacted.pdf: nature and/or was sexually motivated. ./OFFICIAL_SENSITIVE_Crofts_Charlotte_SoS_Decision_Redacted.pdf- ./OFFICIAL_SENSITIVE_Crofts_Charlotte_SoS_Decision_Redacted.pdf-The panel considered the allegations as found proved at 1a to 1g. ./OFFICIAL_SENSITIVE_Crofts_Charlotte_SoS_Decision_Redacted.pdf- ./OFFICIAL_SENSITIVE_Crofts_Charlotte_SoS_Decision_Redacted.pdf-In relation to allegation 1a, the panel noted that both Pupil A and Ms Crofts had stated ./OFFICIAL_SENSITIVE_Crofts_Charlotte_SoS_Decision_Redacted.pdf-that the exchange of mobile numbers was due to an offsite visit. Although inappropriate ./OFFICIAL_SENSITIVE_Crofts_Charlotte_SoS_Decision_Redacted.pdf:and unnecessary, the panel did not find this to be of a sexual nature or sexually ./OFFICIAL_SENSITIVE_Crofts_Charlotte_SoS_Decision_Redacted.pdf-motivated. ./OFFICIAL_SENSITIVE_Crofts_Charlotte_SoS_Decision_Redacted.pdf- ./OFFICIAL_SENSITIVE_Crofts_Charlotte_SoS_Decision_Redacted.pdf-In relation to allegation 1b, the panel noted the confirmation from the police that there ./OFFICIAL_SENSITIVE_Crofts_Charlotte_SoS_Decision_Redacted.pdf-were over 5,000 messages between Pupil A and Ms Crofts. However, the panel did not ./OFFICIAL_SENSITIVE_Crofts_Charlotte_SoS_Decision_Redacted.pdf-have sight of these messages. The panel noted that the record of the messages stated ./OFFICIAL_SENSITIVE_Crofts_Charlotte_SoS_Decision_Redacted.pdf-that Ms Crofts had sent messages to Pupil A, including the words ‘I love you’, when ./OFFICIAL_SENSITIVE_Crofts_Charlotte_SoS_Decision_Redacted.pdf-discussing the change of form group. However, the panel also noted that the record ./OFFICIAL_SENSITIVE_Crofts_Charlotte_SoS_Decision_Redacted.pdf-stated that, Pupil A had sent a message to Ms Crofts, stating that she had said to him ./OFFICIAL_SENSITIVE_Crofts_Charlotte_SoS_Decision_Redacted.pdf-that she sees him as a close mate. The panel considered that, although there were a ./OFFICIAL_SENSITIVE_Crofts_Charlotte_SoS_Decision_Redacted.pdf-vast number of messages exchanged and that this was inappropriate, it did not have ./OFFICIAL_SENSITIVE_Crofts_Charlotte_SoS_Decision_Redacted.pdf:evidence that these were of a sexual nature. The panel did not find Ms Crofts’ actions as ./OFFICIAL_SENSITIVE_Crofts_Charlotte_SoS_Decision_Redacted.pdf:found proven in allegation 1b to be of a sexual nature and/or sexually motivated. ./OFFICIAL_SENSITIVE_Crofts_Charlotte_SoS_Decision_Redacted.pdf- ./OFFICIAL_SENSITIVE_Crofts_Charlotte_SoS_Decision_Redacted.pdf-In relation to allegation 1c and 1d, the panel found that Ms Crofts had taken Pupil A to ./OFFICIAL_SENSITIVE_Crofts_Charlotte_SoS_Decision_Redacted.pdf-her home, albeit that he had not entered her home, and allowed him to meet family ./OFFICIAL_SENSITIVE_Crofts_Charlotte_SoS_Decision_Redacted.pdf-members at her mother’s house. The panel considered this to be inappropriate and ill- ./OFFICIAL_SENSITIVE_Crofts_Charlotte_SoS_Decision_Redacted.pdf-advised, but that it had been presented with credible explanations as to the reasoning for ./OFFICIAL_SENSITIVE_Crofts_Charlotte_SoS_Decision_Redacted.pdf-these trips. For instance, it was stated that Ms Crofts had gone to her home to change ./OFFICIAL_SENSITIVE_Crofts_Charlotte_SoS_Decision_Redacted.pdf-her top after a baby had been sick on her and gone to her mother’s house to pick up an ./OFFICIAL_SENSITIVE_Crofts_Charlotte_SoS_Decision_Redacted.pdf-ice bucket for Pupil A’s injured ankle. The panel did not find Ms Crofts’ actions as found ./OFFICIAL_SENSITIVE_Crofts_Charlotte_SoS_Decision_Redacted.pdf:proven in allegations 1c and 1d to be of a sexual nature and/or sexually motivated. ./OFFICIAL_SENSITIVE_Crofts_Charlotte_SoS_Decision_Redacted.pdf- ./OFFICIAL_SENSITIVE_Crofts_Charlotte_SoS_Decision_Redacted.pdf-In relation to allegations 1e and 1f, the panel considered these actions to be inherently ./OFFICIAL_SENSITIVE_Crofts_Charlotte_SoS_Decision_Redacted.pdf:sexual. The panel did not consider there to be a reasonable explanation for such actions, ./OFFICIAL_SENSITIVE_Crofts_Charlotte_SoS_Decision_Redacted.pdf:other than to obtain sexual gratification. The panel found Ms Crofts’ actions in relation to ./OFFICIAL_SENSITIVE_Crofts_Charlotte_SoS_Decision_Redacted.pdf:allegations 1e and 1f to be of a sexual nature and sexually motivated. ./OFFICIAL_SENSITIVE_Crofts_Charlotte_SoS_Decision_Redacted.pdf- ./OFFICIAL_SENSITIVE_Crofts_Charlotte_SoS_Decision_Redacted.pdf-In relation to allegation 1g, the panel noted that the request to visit the teaching assistant ./OFFICIAL_SENSITIVE_Crofts_Charlotte_SoS_Decision_Redacted.pdf-had been initiated by Pupil A. The panel also noted that Ms Crofts had sought permission ./OFFICIAL_SENSITIVE_Crofts_Charlotte_SoS_Decision_Redacted.pdf-from the principal for such a visit, in line with the School policy, although such permission ./OFFICIAL_SENSITIVE_Crofts_Charlotte_SoS_Decision_Redacted.pdf-had not been granted. The panel did not find Ms Crofts’ actions in relation to allegation ./OFFICIAL_SENSITIVE_Crofts_Charlotte_SoS_Decision_Redacted.pdf:1g to be of a sexual nature and/or sexually motivated. ./OFFICIAL_SENSITIVE_Crofts_Charlotte_SoS_Decision_Redacted.pdf- ./OFFICIAL_SENSITIVE_Crofts_Charlotte_SoS_Decision_Redacted.pdf- ./OFFICIAL_SENSITIVE_Crofts_Charlotte_SoS_Decision_Redacted.pdf- 14 ./OFFICIAL_SENSITIVE_Crofts_Charlotte_SoS_Decision_Redacted.pdf- -- ./OFFICIAL_SENSITIVE_Crofts_Charlotte_SoS_Decision_Redacted.pdf-was “sad” going into school, which had prompted him to request a change in form group, ./OFFICIAL_SENSITIVE_Crofts_Charlotte_SoS_Decision_Redacted.pdf-and from Witness A, Witness B and Witness D of the significant impact the end of the ./OFFICIAL_SENSITIVE_Crofts_Charlotte_SoS_Decision_Redacted.pdf-‘relationship’ had on Pupil A’s mental health and progress made at the School. ./OFFICIAL_SENSITIVE_Crofts_Charlotte_SoS_Decision_Redacted.pdf- ./OFFICIAL_SENSITIVE_Crofts_Charlotte_SoS_Decision_Redacted.pdf-The panel was satisfied that the conduct of Ms Crofts amounted to misconduct of a ./OFFICIAL_SENSITIVE_Crofts_Charlotte_SoS_Decision_Redacted.pdf-serious nature which fell significantly short of the standards expected of the profession. ./OFFICIAL_SENSITIVE_Crofts_Charlotte_SoS_Decision_Redacted.pdf- ./OFFICIAL_SENSITIVE_Crofts_Charlotte_SoS_Decision_Redacted.pdf-The panel also considered whether Ms Crofts’ conduct displayed behaviours associated ./OFFICIAL_SENSITIVE_Crofts_Charlotte_SoS_Decision_Redacted.pdf-with any of the offences listed on pages 10 and 11 of the Advice. ./OFFICIAL_SENSITIVE_Crofts_Charlotte_SoS_Decision_Redacted.pdf- ./OFFICIAL_SENSITIVE_Crofts_Charlotte_SoS_Decision_Redacted.pdf:The panel found that the offence of sexual activity was relevant, given the finding of ./OFFICIAL_SENSITIVE_Crofts_Charlotte_SoS_Decision_Redacted.pdf:touching that was of a sexual nature and sexually motivated. ./OFFICIAL_SENSITIVE_Crofts_Charlotte_SoS_Decision_Redacted.pdf- ./OFFICIAL_SENSITIVE_Crofts_Charlotte_SoS_Decision_Redacted.pdf- ./OFFICIAL_SENSITIVE_Crofts_Charlotte_SoS_Decision_Redacted.pdf- 15 ./OFFICIAL_SENSITIVE_Crofts_Charlotte_SoS_Decision_Redacted.pdf- -- ./OFFICIAL_SENSITIVE_Crofts_Charlotte_SoS_Decision_Redacted.pdf-protection of pupils and other members of the public, the maintenance of public ./OFFICIAL_SENSITIVE_Crofts_Charlotte_SoS_Decision_Redacted.pdf-confidence in the profession, declaring and upholding proper standards of conduct and ./OFFICIAL_SENSITIVE_Crofts_Charlotte_SoS_Decision_Redacted.pdf-the interest of retaining the teacher in the profession. ./OFFICIAL_SENSITIVE_Crofts_Charlotte_SoS_Decision_Redacted.pdf- ./OFFICIAL_SENSITIVE_Crofts_Charlotte_SoS_Decision_Redacted.pdf-In the light of the panel’s findings against Ms Crofts, which involved exchanging ./OFFICIAL_SENSITIVE_Crofts_Charlotte_SoS_Decision_Redacted.pdf:messages and touching which was of a sexual nature and sexually motivated, there was ./OFFICIAL_SENSITIVE_Crofts_Charlotte_SoS_Decision_Redacted.pdf-a strong public interest consideration in respect of the protection of pupils, given the ./OFFICIAL_SENSITIVE_Crofts_Charlotte_SoS_Decision_Redacted.pdf-serious findings of an inappropriate relationship with Pupil A. The panel also found that ./OFFICIAL_SENSITIVE_Crofts_Charlotte_SoS_Decision_Redacted.pdf-there was a public interest consideration in respect of other members of the public, given ./OFFICIAL_SENSITIVE_Crofts_Charlotte_SoS_Decision_Redacted.pdf-the impact the inappropriate relationship between Pupil A and Ms Crofts had on his ./OFFICIAL_SENSITIVE_Crofts_Charlotte_SoS_Decision_Redacted.pdf-relationships with others. ./OFFICIAL_SENSITIVE_Crofts_Charlotte_SoS_Decision_Redacted.pdf- ./OFFICIAL_SENSITIVE_Crofts_Charlotte_SoS_Decision_Redacted.pdf-Similarly, the panel considered that public confidence in the profession could be seriously ./OFFICIAL_SENSITIVE_Crofts_Charlotte_SoS_Decision_Redacted.pdf-weakened if conduct such as that found against Ms Crofts were not treated with the ./OFFICIAL_SENSITIVE_Crofts_Charlotte_SoS_Decision_Redacted.pdf-utmost seriousness when regulating the conduct of the profession. ./OFFICIAL_SENSITIVE_Crofts_Charlotte_SoS_Decision_Redacted.pdf- -- ./OFFICIAL_SENSITIVE_Crofts_Charlotte_SoS_Decision_Redacted.pdf- ./OFFICIAL_SENSITIVE_Crofts_Charlotte_SoS_Decision_Redacted.pdf- serious departure from the personal and professional conduct elements of the ./OFFICIAL_SENSITIVE_Crofts_Charlotte_SoS_Decision_Redacted.pdf- Teachers’ Standards; ./OFFICIAL_SENSITIVE_Crofts_Charlotte_SoS_Decision_Redacted.pdf- ./OFFICIAL_SENSITIVE_Crofts_Charlotte_SoS_Decision_Redacted.pdf- misconduct seriously affecting the education and/or well-being of pupils, and ./OFFICIAL_SENSITIVE_Crofts_Charlotte_SoS_Decision_Redacted.pdf- particularly where there is a continuing risk; ./OFFICIAL_SENSITIVE_Crofts_Charlotte_SoS_Decision_Redacted.pdf- ./OFFICIAL_SENSITIVE_Crofts_Charlotte_SoS_Decision_Redacted.pdf- abuse of position or trust (particularly involving vulnerable pupils) or violation of the ./OFFICIAL_SENSITIVE_Crofts_Charlotte_SoS_Decision_Redacted.pdf- rights of pupils; ./OFFICIAL_SENSITIVE_Crofts_Charlotte_SoS_Decision_Redacted.pdf- ./OFFICIAL_SENSITIVE_Crofts_Charlotte_SoS_Decision_Redacted.pdf: sexual misconduct, for example, involving actions that were sexually motivated or of a ./OFFICIAL_SENSITIVE_Crofts_Charlotte_SoS_Decision_Redacted.pdf: sexual nature and/or that use or exploit the trust, knowledge or influence derived ./OFFICIAL_SENSITIVE_Crofts_Charlotte_SoS_Decision_Redacted.pdf- from the individual’s professional position. ./OFFICIAL_SENSITIVE_Crofts_Charlotte_SoS_Decision_Redacted.pdf- ./OFFICIAL_SENSITIVE_Crofts_Charlotte_SoS_Decision_Redacted.pdf- ./OFFICIAL_SENSITIVE_Crofts_Charlotte_SoS_Decision_Redacted.pdf- ./OFFICIAL_SENSITIVE_Crofts_Charlotte_SoS_Decision_Redacted.pdf- 17 ./OFFICIAL_SENSITIVE_Crofts_Charlotte_SoS_Decision_Redacted.pdf- -- ./OFFICIAL_SENSITIVE_Crofts_Charlotte_SoS_Decision_Redacted.pdf-made by the panel would be sufficient. ./OFFICIAL_SENSITIVE_Crofts_Charlotte_SoS_Decision_Redacted.pdf- ./OFFICIAL_SENSITIVE_Crofts_Charlotte_SoS_Decision_Redacted.pdf-The panel was of the view that, applying the standard of the ordinary intelligent citizen, it ./OFFICIAL_SENSITIVE_Crofts_Charlotte_SoS_Decision_Redacted.pdf-would not be a proportionate and appropriate response to recommend no prohibition ./OFFICIAL_SENSITIVE_Crofts_Charlotte_SoS_Decision_Redacted.pdf-order. Recommending that the publication of adverse findings would be sufficient would ./OFFICIAL_SENSITIVE_Crofts_Charlotte_SoS_Decision_Redacted.pdf-unacceptably compromise the public interest considerations present in this case, despite ./OFFICIAL_SENSITIVE_Crofts_Charlotte_SoS_Decision_Redacted.pdf-the severity of the consequences for Ms Crofts of prohibition. ./OFFICIAL_SENSITIVE_Crofts_Charlotte_SoS_Decision_Redacted.pdf- ./OFFICIAL_SENSITIVE_Crofts_Charlotte_SoS_Decision_Redacted.pdf-The panel was of the view that prohibition was both proportionate and appropriate. The ./OFFICIAL_SENSITIVE_Crofts_Charlotte_SoS_Decision_Redacted.pdf-panel decided that the public interest considerations outweighed the interests of Ms ./OFFICIAL_SENSITIVE_Crofts_Charlotte_SoS_Decision_Redacted.pdf:Crofts. The finding of sexual motivation was a significant factor in forming that opinion. ./OFFICIAL_SENSITIVE_Crofts_Charlotte_SoS_Decision_Redacted.pdf-Accordingly, the panel made a recommendation to the Secretary of State that a ./OFFICIAL_SENSITIVE_Crofts_Charlotte_SoS_Decision_Redacted.pdf-prohibition order should be imposed with immediate effect. ./OFFICIAL_SENSITIVE_Crofts_Charlotte_SoS_Decision_Redacted.pdf- ./OFFICIAL_SENSITIVE_Crofts_Charlotte_SoS_Decision_Redacted.pdf-The panel went on to consider whether or not it would be appropriate for it to decide to ./OFFICIAL_SENSITIVE_Crofts_Charlotte_SoS_Decision_Redacted.pdf-recommend a review period of the order. The panel was mindful that the Advice states ./OFFICIAL_SENSITIVE_Crofts_Charlotte_SoS_Decision_Redacted.pdf-that a prohibition order applies for life, but there may be circumstances, in any given ./OFFICIAL_SENSITIVE_Crofts_Charlotte_SoS_Decision_Redacted.pdf-case, that may make it appropriate to allow a teacher to apply to have the prohibition ./OFFICIAL_SENSITIVE_Crofts_Charlotte_SoS_Decision_Redacted.pdf-order reviewed after a specified period of time that may not be less than 2 years. ./OFFICIAL_SENSITIVE_Crofts_Charlotte_SoS_Decision_Redacted.pdf- ./OFFICIAL_SENSITIVE_Crofts_Charlotte_SoS_Decision_Redacted.pdf-The Advice indicates that there are behaviours that, if proved, would militate against the ./OFFICIAL_SENSITIVE_Crofts_Charlotte_SoS_Decision_Redacted.pdf:recommendation of a review period. One of these behaviours includes serious sexual ./OFFICIAL_SENSITIVE_Crofts_Charlotte_SoS_Decision_Redacted.pdf:misconduct, such as where the act was sexually motivated and resulted in, or had the ./OFFICIAL_SENSITIVE_Crofts_Charlotte_SoS_Decision_Redacted.pdf-potential to result in, harm to a person or persons, particularly where the individual has ./OFFICIAL_SENSITIVE_Crofts_Charlotte_SoS_Decision_Redacted.pdf-used her professional position to influence or exploit a person or persons. The panel ./OFFICIAL_SENSITIVE_Crofts_Charlotte_SoS_Decision_Redacted.pdf-found that Ms Crofts was responsible for touching Pupil A’s genital area and allowing ./OFFICIAL_SENSITIVE_Crofts_Charlotte_SoS_Decision_Redacted.pdf-Pupil A to touch her genital area. The panel considered that Ms Crofts was aware that ./OFFICIAL_SENSITIVE_Crofts_Charlotte_SoS_Decision_Redacted.pdf-Pupil A was a vulnerable young adult and it had heard evidence as to the harm the ./OFFICIAL_SENSITIVE_Crofts_Charlotte_SoS_Decision_Redacted.pdf- ./OFFICIAL_SENSITIVE_Crofts_Charlotte_SoS_Decision_Redacted.pdf- ./OFFICIAL_SENSITIVE_Crofts_Charlotte_SoS_Decision_Redacted.pdf- 18 ./OFFICIAL_SENSITIVE_Crofts_Charlotte_SoS_Decision_Redacted.pdf- -- ./OFFICIAL_SENSITIVE_Crofts_Charlotte_SoS_Decision_Redacted.pdf:The findings of misconduct are particularly serious as they include a finding of sexual ./OFFICIAL_SENSITIVE_Crofts_Charlotte_SoS_Decision_Redacted.pdf-motivation. ./OFFICIAL_SENSITIVE_Crofts_Charlotte_SoS_Decision_Redacted.pdf- ./OFFICIAL_SENSITIVE_Crofts_Charlotte_SoS_Decision_Redacted.pdf-I have to determine whether the imposition of a prohibition order is proportionate and in ./OFFICIAL_SENSITIVE_Crofts_Charlotte_SoS_Decision_Redacted.pdf-the public interest. In considering that for this case, I have considered the overall aim of a ./OFFICIAL_SENSITIVE_Crofts_Charlotte_SoS_Decision_Redacted.pdf-prohibition order which is to protect pupils and to maintain public confidence in the ./OFFICIAL_SENSITIVE_Crofts_Charlotte_SoS_Decision_Redacted.pdf-profession. I have considered the extent to which a prohibition order in this case would ./OFFICIAL_SENSITIVE_Crofts_Charlotte_SoS_Decision_Redacted.pdf-achieve that aim taking into account the impact that it will have on the individual teacher. ./OFFICIAL_SENSITIVE_Crofts_Charlotte_SoS_Decision_Redacted.pdf-I have also asked myself, whether a less intrusive measure, such as the published ./OFFICIAL_SENSITIVE_Crofts_Charlotte_SoS_Decision_Redacted.pdf-finding of unacceptable professional conduct and conduct that may bring the profession ./OFFICIAL_SENSITIVE_Crofts_Charlotte_SoS_Decision_Redacted.pdf-into disrepute, would itself be sufficient to achieve the overall aim. I have to consider ./OFFICIAL_SENSITIVE_Crofts_Charlotte_SoS_Decision_Redacted.pdf-whether the consequences of such a publication are themselves sufficient. I have ./OFFICIAL_SENSITIVE_Crofts_Charlotte_SoS_Decision_Redacted.pdf-considered therefore whether or not prohibiting Ms Crofts, and the impact that will have ./OFFICIAL_SENSITIVE_Crofts_Charlotte_SoS_Decision_Redacted.pdf-on her, is proportionate and in the public interest. ./OFFICIAL_SENSITIVE_Crofts_Charlotte_SoS_Decision_Redacted.pdf- ./OFFICIAL_SENSITIVE_Crofts_Charlotte_SoS_Decision_Redacted.pdf-In this case, I have considered the extent to which a prohibition order would protect ./OFFICIAL_SENSITIVE_Crofts_Charlotte_SoS_Decision_Redacted.pdf-children. The panel has observed that it determined the found behaviour, “involved ./OFFICIAL_SENSITIVE_Crofts_Charlotte_SoS_Decision_Redacted.pdf:exchanging messages and touching which was of a sexual nature and sexually ./OFFICIAL_SENSITIVE_Crofts_Charlotte_SoS_Decision_Redacted.pdf-motivated, there was a strong public interest consideration in respect of the protection of ./OFFICIAL_SENSITIVE_Crofts_Charlotte_SoS_Decision_Redacted.pdf-pupils, given the serious findings of an inappropriate relationship with Pupil A.” A ./OFFICIAL_SENSITIVE_Crofts_Charlotte_SoS_Decision_Redacted.pdf-prohibition order would therefore prevent such a risk from being present in the future. ./OFFICIAL_SENSITIVE_Crofts_Charlotte_SoS_Decision_Redacted.pdf- ./OFFICIAL_SENSITIVE_Crofts_Charlotte_SoS_Decision_Redacted.pdf-I have also taken into account the panel’s comments on insight and remorse, which the ./OFFICIAL_SENSITIVE_Crofts_Charlotte_SoS_Decision_Redacted.pdf-panel sets out as follows, “The panel has not seen evidence that Ms Crofts has shown ./OFFICIAL_SENSITIVE_Crofts_Charlotte_SoS_Decision_Redacted.pdf-insight into or remorse for her actions. The panel noted that Ms Crofts had admitted ./OFFICIAL_SENSITIVE_Crofts_Charlotte_SoS_Decision_Redacted.pdf-some of the allegations, but had not provided an explanation of the steps that she would ./OFFICIAL_SENSITIVE_Crofts_Charlotte_SoS_Decision_Redacted.pdf-take in the future to prevent such incidents happening again.” In my judgement, the lack ./OFFICIAL_SENSITIVE_Crofts_Charlotte_SoS_Decision_Redacted.pdf-of insight means that there is some risk of the repetition of this behaviour and this puts at -- ./OFFICIAL_SENSITIVE_Crofts_Charlotte_SoS_Decision_Redacted.pdf-weight in reaching my decision. ./OFFICIAL_SENSITIVE_Crofts_Charlotte_SoS_Decision_Redacted.pdf- ./OFFICIAL_SENSITIVE_Crofts_Charlotte_SoS_Decision_Redacted.pdf-I have gone on to consider the extent to which a prohibition order would maintain public ./OFFICIAL_SENSITIVE_Crofts_Charlotte_SoS_Decision_Redacted.pdf-confidence in the profession. The panel observe, “The findings of misconduct are ./OFFICIAL_SENSITIVE_Crofts_Charlotte_SoS_Decision_Redacted.pdf-serious, and the conduct displayed would be likely to have a negative impact on the ./OFFICIAL_SENSITIVE_Crofts_Charlotte_SoS_Decision_Redacted.pdf-individual’s status as a teacher, potentially damaging the public perception. The panel ./OFFICIAL_SENSITIVE_Crofts_Charlotte_SoS_Decision_Redacted.pdf-considered that the public would have a negative perception of Ms Crofts messaging ./OFFICIAL_SENSITIVE_Crofts_Charlotte_SoS_Decision_Redacted.pdf-Pupil A on a daily basis, of inappropriate touching between pupil A and Ms Crofts, and of ./OFFICIAL_SENSITIVE_Crofts_Charlotte_SoS_Decision_Redacted.pdf-Ms Crofts acting against the School’s code of conduct.” ./OFFICIAL_SENSITIVE_Crofts_Charlotte_SoS_Decision_Redacted.pdf- ./OFFICIAL_SENSITIVE_Crofts_Charlotte_SoS_Decision_Redacted.pdf:I am particularly mindful of the finding of sexual motivation in this case and the impact ./OFFICIAL_SENSITIVE_Crofts_Charlotte_SoS_Decision_Redacted.pdf-that such a finding has on the reputation of the profession. ./OFFICIAL_SENSITIVE_Crofts_Charlotte_SoS_Decision_Redacted.pdf- ./OFFICIAL_SENSITIVE_Crofts_Charlotte_SoS_Decision_Redacted.pdf-I have had to consider that the public has a high expectation of professional standards of ./OFFICIAL_SENSITIVE_Crofts_Charlotte_SoS_Decision_Redacted.pdf-all teachers and that the public might regard a failure to impose a prohibition order as a ./OFFICIAL_SENSITIVE_Crofts_Charlotte_SoS_Decision_Redacted.pdf-failure to uphold those high standards. In weighing these considerations, I have had to ./OFFICIAL_SENSITIVE_Crofts_Charlotte_SoS_Decision_Redacted.pdf- ./OFFICIAL_SENSITIVE_Crofts_Charlotte_SoS_Decision_Redacted.pdf- 20 ./OFFICIAL_SENSITIVE_Crofts_Charlotte_SoS_Decision_Redacted.pdf- -- ./OFFICIAL_SENSITIVE_Crofts_Charlotte_SoS_Decision_Redacted.pdf-profession. ./OFFICIAL_SENSITIVE_Crofts_Charlotte_SoS_Decision_Redacted.pdf- ./OFFICIAL_SENSITIVE_Crofts_Charlotte_SoS_Decision_Redacted.pdf-For these reasons, I have concluded that a prohibition order is proportionate and in the ./OFFICIAL_SENSITIVE_Crofts_Charlotte_SoS_Decision_Redacted.pdf-public interest in order to achieve the intended aims of a prohibition order. ./OFFICIAL_SENSITIVE_Crofts_Charlotte_SoS_Decision_Redacted.pdf- ./OFFICIAL_SENSITIVE_Crofts_Charlotte_SoS_Decision_Redacted.pdf-I have gone on to consider the matter of a review period. In this case, the panel has ./OFFICIAL_SENSITIVE_Crofts_Charlotte_SoS_Decision_Redacted.pdf-recommended that no provision should be made for a review period. ./OFFICIAL_SENSITIVE_Crofts_Charlotte_SoS_Decision_Redacted.pdf- ./OFFICIAL_SENSITIVE_Crofts_Charlotte_SoS_Decision_Redacted.pdf-I have considered the panel’s comments “The Advice indicates that there are behaviours ./OFFICIAL_SENSITIVE_Crofts_Charlotte_SoS_Decision_Redacted.pdf-that, if proved, would militate against the recommendation of a review period. One of ./OFFICIAL_SENSITIVE_Crofts_Charlotte_SoS_Decision_Redacted.pdf:these behaviours includes serious sexual misconduct, such as where the act was ./OFFICIAL_SENSITIVE_Crofts_Charlotte_SoS_Decision_Redacted.pdf:sexually motivated and resulted in, or had the potential to result in, harm to a person or ./OFFICIAL_SENSITIVE_Crofts_Charlotte_SoS_Decision_Redacted.pdf-persons, particularly where the individual has used her professional position to influence ./OFFICIAL_SENSITIVE_Crofts_Charlotte_SoS_Decision_Redacted.pdf-or exploit a person or persons.” ./OFFICIAL_SENSITIVE_Crofts_Charlotte_SoS_Decision_Redacted.pdf- ./OFFICIAL_SENSITIVE_Crofts_Charlotte_SoS_Decision_Redacted.pdf- ./OFFICIAL_SENSITIVE_Crofts_Charlotte_SoS_Decision_Redacted.pdf- ./OFFICIAL_SENSITIVE_Crofts_Charlotte_SoS_Decision_Redacted.pdf- ./OFFICIAL_SENSITIVE_Crofts_Charlotte_SoS_Decision_Redacted.pdf- 21 ./OFFICIAL_SENSITIVE_Crofts_Charlotte_SoS_Decision_Redacted.pdf- -- ./OFFICIAL_SENSITIVE_Crofts_Charlotte_SoS_Decision_Redacted.pdf-I have considered whether a no review period reflects the seriousness of the findings and ./OFFICIAL_SENSITIVE_Crofts_Charlotte_SoS_Decision_Redacted.pdf-is proportionate to achieve the aim of maintaining public confidence in the profession. In ./OFFICIAL_SENSITIVE_Crofts_Charlotte_SoS_Decision_Redacted.pdf:this case, the factors which mean that a no review is necessary are the serious sexually ./OFFICIAL_SENSITIVE_Crofts_Charlotte_SoS_Decision_Redacted.pdf-motivated misconduct and the lack of insight or remorse. ./OFFICIAL_SENSITIVE_Crofts_Charlotte_SoS_Decision_Redacted.pdf- ./OFFICIAL_SENSITIVE_Crofts_Charlotte_SoS_Decision_Redacted.pdf-I consider therefore that allowing for no review period is necessary to maintain public ./OFFICIAL_SENSITIVE_Crofts_Charlotte_SoS_Decision_Redacted.pdf-confidence and is proportionate and in the public interest. ./OFFICIAL_SENSITIVE_Crofts_Charlotte_SoS_Decision_Redacted.pdf- ./OFFICIAL_SENSITIVE_Crofts_Charlotte_SoS_Decision_Redacted.pdf-This means that Ms Charlotte Crofts is prohibited from teaching indefinitely and ./OFFICIAL_SENSITIVE_Crofts_Charlotte_SoS_Decision_Redacted.pdf-cannot teach in any school, sixth form college, relevant youth accommodation or ./OFFICIAL_SENSITIVE_Crofts_Charlotte_SoS_Decision_Redacted.pdf-children’s home in England. Furthermore, in view of the seriousness of the allegations ./OFFICIAL_SENSITIVE_Crofts_Charlotte_SoS_Decision_Redacted.pdf-found proved against her, I have decided that Ms Charlotte Crofts shall not be entitled to ./OFFICIAL_SENSITIVE_Crofts_Charlotte_SoS_Decision_Redacted.pdf-apply for restoration of her eligibility to teach. ./OFFICIAL_SENSITIVE_Fern_John_web_decision_redacted.pdf- ./OFFICIAL_SENSITIVE_Fern_John_web_decision_redacted.pdf-It was alleged that Mr Fern was guilty of unacceptable professional conduct and/or ./OFFICIAL_SENSITIVE_Fern_John_web_decision_redacted.pdf-conduct that may bring the profession into disrepute, in that: ./OFFICIAL_SENSITIVE_Fern_John_web_decision_redacted.pdf- ./OFFICIAL_SENSITIVE_Fern_John_web_decision_redacted.pdf- 1. On one or more occasions, in or around [redacted], you: ./OFFICIAL_SENSITIVE_Fern_John_web_decision_redacted.pdf- a. kissed Pupil A; ./OFFICIAL_SENSITIVE_Fern_John_web_decision_redacted.pdf- b. [redacted]; ./OFFICIAL_SENSITIVE_Fern_John_web_decision_redacted.pdf- c. [redacted]; ./OFFICIAL_SENSITIVE_Fern_John_web_decision_redacted.pdf- ./OFFICIAL_SENSITIVE_Fern_John_web_decision_redacted.pdf- 2. Between or around [redacted], you: ./OFFICIAL_SENSITIVE_Fern_John_web_decision_redacted.pdf: a. on one or more occasions, told pupils about your sexual activity; ./OFFICIAL_SENSITIVE_Fern_John_web_decision_redacted.pdf- b. told Pupil B that you had worn Pupil B's boxer shorts by mistake. ./OFFICIAL_SENSITIVE_Fern_John_web_decision_redacted.pdf- ./OFFICIAL_SENSITIVE_Fern_John_web_decision_redacted.pdf- 3. Between or around [redacted]: ./OFFICIAL_SENSITIVE_Fern_John_web_decision_redacted.pdf- a. on a first unknown date, you: ./OFFICIAL_SENSITIVE_Fern_John_web_decision_redacted.pdf- i. put your hand inside Pupil B's clothing; ./OFFICIAL_SENSITIVE_Fern_John_web_decision_redacted.pdf- ii. [redacted]; ./OFFICIAL_SENSITIVE_Fern_John_web_decision_redacted.pdf- iii. [redacted]; ./OFFICIAL_SENSITIVE_Fern_John_web_decision_redacted.pdf- b. on a second unknown date, you: ./OFFICIAL_SENSITIVE_Fern_John_web_decision_redacted.pdf- i. [redacted]; ./OFFICIAL_SENSITIVE_Fern_John_web_decision_redacted.pdf- ii. [redacted]; ./OFFICIAL_SENSITIVE_Fern_John_web_decision_redacted.pdf- c. on one or more further unknown dates, you: ./OFFICIAL_SENSITIVE_Fern_John_web_decision_redacted.pdf- i. put your hand inside Pupil B's clothing; ./OFFICIAL_SENSITIVE_Fern_John_web_decision_redacted.pdf- ii. [redacted]; ./OFFICIAL_SENSITIVE_Fern_John_web_decision_redacted.pdf- iii. [redacted]; ./OFFICIAL_SENSITIVE_Fern_John_web_decision_redacted.pdf- iv. [redacted]; ./OFFICIAL_SENSITIVE_Fern_John_web_decision_redacted.pdf- v. kissed Pupil B. ./OFFICIAL_SENSITIVE_Fern_John_web_decision_redacted.pdf- ./OFFICIAL_SENSITIVE_Fern_John_web_decision_redacted.pdf: 4. Your conduct at paragraph 2 was sexually motivated in that the conduct was in ./OFFICIAL_SENSITIVE_Fern_John_web_decision_redacted.pdf: pursuit of sexual gratification and/ or pursuit of a future sexual relationship. ./OFFICIAL_SENSITIVE_Fern_John_web_decision_redacted.pdf- ./OFFICIAL_SENSITIVE_Fern_John_web_decision_redacted.pdf- ./OFFICIAL_SENSITIVE_Fern_John_web_decision_redacted.pdf-Mr Fern denied all the allegations in full. ./OFFICIAL_SENSITIVE_Fern_John_web_decision_redacted.pdf- ./OFFICIAL_SENSITIVE_Fern_John_web_decision_redacted.pdf- ./OFFICIAL_SENSITIVE_Fern_John_web_decision_redacted.pdf-Preliminary applications ./OFFICIAL_SENSITIVE_Fern_John_web_decision_redacted.pdf-There were no preliminary applications before the substantive hearing began. ./OFFICIAL_SENSITIVE_Fern_John_web_decision_redacted.pdf- ./OFFICIAL_SENSITIVE_Fern_John_web_decision_redacted.pdf-Amendment to the allegations ./OFFICIAL_SENSITIVE_Fern_John_web_decision_redacted.pdf- -- ./OFFICIAL_SENSITIVE_Fern_John_web_decision_redacted.pdf-houses at the School. Material to this case, were the boys' boarding houses of ./OFFICIAL_SENSITIVE_Fern_John_web_decision_redacted.pdf-[redacted]. ./OFFICIAL_SENSITIVE_Fern_John_web_decision_redacted.pdf- ./OFFICIAL_SENSITIVE_Fern_John_web_decision_redacted.pdf-At the School, staff were required to contribute to both pastoral and extra-curricular ./OFFICIAL_SENSITIVE_Fern_John_web_decision_redacted.pdf-activities outside of school hours. Mr Fern's additional responsibilities included: being a ./OFFICIAL_SENSITIVE_Fern_John_web_decision_redacted.pdf-visiting tutor for [redacted] and then as the resident tutor for [redacted]. In [redacted], Mr ./OFFICIAL_SENSITIVE_Fern_John_web_decision_redacted.pdf-Fern was promoted to head of [redacted]. Mr Fern left the School in [redacted] and held ./OFFICIAL_SENSITIVE_Fern_John_web_decision_redacted.pdf-2 other teaching positions before joining the [redacted] as the headmaster in [redacted]. ./OFFICIAL_SENSITIVE_Fern_John_web_decision_redacted.pdf- ./OFFICIAL_SENSITIVE_Fern_John_web_decision_redacted.pdf-In [redacted], Pupil A, a former pupil at the School, made a report to Leicestershire ./OFFICIAL_SENSITIVE_Fern_John_web_decision_redacted.pdf:police about historical sexual activity with Mr Fern. During discussions with the police, ./OFFICIAL_SENSITIVE_Fern_John_web_decision_redacted.pdf:Pupil A also disclosed that Mr Fern discussed with him participating in sexual activity ./OFFICIAL_SENSITIVE_Fern_John_web_decision_redacted.pdf-with Pupil B and another pupil. The police made contact with these 2 pupils. Pupil B ./OFFICIAL_SENSITIVE_Fern_John_web_decision_redacted.pdf:explained to the police that sexual activity had taken place between Mr Fern and ./OFFICIAL_SENSITIVE_Fern_John_web_decision_redacted.pdf:himself. The other pupil explained no sexual activity had taken place. ./OFFICIAL_SENSITIVE_Fern_John_web_decision_redacted.pdf- 6 ./OFFICIAL_SENSITIVE_Fern_John_web_decision_redacted.pdf- -- ./OFFICIAL_SENSITIVE_Fern_John_web_decision_redacted.pdf:Mr Fern was interviewed under caution and denied any sexual activity with any pupil had ./OFFICIAL_SENSITIVE_Fern_John_web_decision_redacted.pdf-taken place. Both Pupils A and B declined to support a prosecution against Mr Fern and ./OFFICIAL_SENSITIVE_Fern_John_web_decision_redacted.pdf-no further action was taken in the criminal investigation. ./OFFICIAL_SENSITIVE_Fern_John_web_decision_redacted.pdf- ./OFFICIAL_SENSITIVE_Fern_John_web_decision_redacted.pdf-When Mr Fern was contacted by the police as part of the criminal investigation, he went ./OFFICIAL_SENSITIVE_Fern_John_web_decision_redacted.pdf-and informed the chair of governors at [redacted], who was also informed of the criminal ./OFFICIAL_SENSITIVE_Fern_John_web_decision_redacted.pdf-investigation by the local authority designated officer. Mr Fern did not return to [recacted]. ./OFFICIAL_SENSITIVE_Fern_John_web_decision_redacted.pdf-He was informed on [redacted] that there would be a formal disciplinary hearing and ./OFFICIAL_SENSITIVE_Fern_John_web_decision_redacted.pdf-resigned the following day on [redacted]. [redacted] submitted a referral to the TRA ./OFFICIAL_SENSITIVE_Fern_John_web_decision_redacted.pdf-following their investigation. ./OFFICIAL_SENSITIVE_Fern_John_web_decision_redacted.pdf- -- ./OFFICIAL_SENSITIVE_Fern_John_web_decision_redacted.pdf-also be allocated duties, such as evening supervision of the house. ./OFFICIAL_SENSITIVE_Fern_John_web_decision_redacted.pdf- ./OFFICIAL_SENSITIVE_Fern_John_web_decision_redacted.pdf-The culture of the School boarding houses was described by both parties as being quite ./OFFICIAL_SENSITIVE_Fern_John_web_decision_redacted.pdf-informal. Residential staff had an 'open door policy' for the pupils and staff would ./OFFICIAL_SENSITIVE_Fern_John_web_decision_redacted.pdf-sometimes have pupils in the staff residences on evenings and weekends. There were ./OFFICIAL_SENSITIVE_Fern_John_web_decision_redacted.pdf-occasional events held in the staff residences, such as film nights and dinner parties. ./OFFICIAL_SENSITIVE_Fern_John_web_decision_redacted.pdf-Small quantities of alcohol provided by the staff would be openly consumed by the older ./OFFICIAL_SENSITIVE_Fern_John_web_decision_redacted.pdf-pupils. Staff also consumed alcohol in front of the pupils. ./OFFICIAL_SENSITIVE_Fern_John_web_decision_redacted.pdf- ./OFFICIAL_SENSITIVE_Fern_John_web_decision_redacted.pdf-The disputed position between the parties is simple. At the heart of the TRA's allegations ./OFFICIAL_SENSITIVE_Fern_John_web_decision_redacted.pdf:is that Mr Fern engaged in sexual misconduct with Pupils A and B. Mr Fern denies the ./OFFICIAL_SENSITIVE_Fern_John_web_decision_redacted.pdf-allegations in their entirety. Whilst the dispute is simple, the evidential analysis the panel ./OFFICIAL_SENSITIVE_Fern_John_web_decision_redacted.pdf-is required to undertake to resolve it, is not. These are historic allegations from over 2 ./OFFICIAL_SENSITIVE_Fern_John_web_decision_redacted.pdf-decades ago. There is a complete absence of any contemporaneous documentary ./OFFICIAL_SENSITIVE_Fern_John_web_decision_redacted.pdf-evidence. The panel is essentially left with a careful enquiry of witnesses' recollections of ./OFFICIAL_SENSITIVE_Fern_John_web_decision_redacted.pdf-events. In particular, Pupil A, Pupil B and Mr Fern were of central importance. All 3 of ./OFFICIAL_SENSITIVE_Fern_John_web_decision_redacted.pdf-these witnesses gave balanced and measured evidence to the panel. All conceded ./OFFICIAL_SENSITIVE_Fern_John_web_decision_redacted.pdf-points in questioning where it appeared reasonable to do so. The panel is particularly ./OFFICIAL_SENSITIVE_Fern_John_web_decision_redacted.pdf-mindful of the passage of time and the effect it can have on the memory of a witness. ./OFFICIAL_SENSITIVE_Fern_John_web_decision_redacted.pdf-Accordingly, the panel has spent a significant amount of time in its deliberations ./OFFICIAL_SENSITIVE_Fern_John_web_decision_redacted.pdf-considering the reliability of the witness evidence and only drawing inferences from that -- ./OFFICIAL_SENSITIVE_Fern_John_web_decision_redacted.pdf-Following the dinner, during which he consumed some wine, Pupil A went back to the ./OFFICIAL_SENSITIVE_Fern_John_web_decision_redacted.pdf-resident tutor's apartment in [redacted] and further consumed alcohol. Mr Fern was also ./OFFICIAL_SENSITIVE_Fern_John_web_decision_redacted.pdf-present. The house master went to bed at some point, which left Mr Fern and Pupil A ./OFFICIAL_SENSITIVE_Fern_John_web_decision_redacted.pdf-alone in another room of the apartment. Pupil A described the atmosphere between the ./OFFICIAL_SENSITIVE_Fern_John_web_decision_redacted.pdf-two of them as being quite flirtatious. At some point, both went outside the apartment ./OFFICIAL_SENSITIVE_Fern_John_web_decision_redacted.pdf:onto the flat roof for a cigarette. The discussion started to turn to a sexual nature. At ./OFFICIAL_SENSITIVE_Fern_John_web_decision_redacted.pdf-some point Pupil A leaned in and started to kiss Mr Fern. He described it as being very ./OFFICIAL_SENSITIVE_Fern_John_web_decision_redacted.pdf-much reciprocated by Mr Fern. At no point did Mr Fern say anything along the lines of ./OFFICIAL_SENSITIVE_Fern_John_web_decision_redacted.pdf-"let's stop" or "this isn't right." ./OFFICIAL_SENSITIVE_Fern_John_web_decision_redacted.pdf- ./OFFICIAL_SENSITIVE_Fern_John_web_decision_redacted.pdf-Pupil A described that whilst still on the roof he [redacted] Mr Fern [redacted] and then ./OFFICIAL_SENSITIVE_Fern_John_web_decision_redacted.pdf:they returned back inside the apartment where further sexual activity took place on the ./OFFICIAL_SENSITIVE_Fern_John_web_decision_redacted.pdf-sofa which included Mr Fern [redacted]. ./OFFICIAL_SENSITIVE_Fern_John_web_decision_redacted.pdf- ./OFFICIAL_SENSITIVE_Fern_John_web_decision_redacted.pdf:Pupil A said he told the resident tutor about the sexual activity the following day, but he ./OFFICIAL_SENSITIVE_Fern_John_web_decision_redacted.pdf-did not discuss it with anyone else in a position of authority at the School. ./OFFICIAL_SENSITIVE_Fern_John_web_decision_redacted.pdf- ./OFFICIAL_SENSITIVE_Fern_John_web_decision_redacted.pdf:Following the sexual activity with Mr Fern, Pupil A told a number of other pupils what had ./OFFICIAL_SENSITIVE_Fern_John_web_decision_redacted.pdf-happened between them in the following days, months and years. This included Pupil G, ./OFFICIAL_SENSITIVE_Fern_John_web_decision_redacted.pdf-Pupil H and Pupil I, amongst others. ./OFFICIAL_SENSITIVE_Fern_John_web_decision_redacted.pdf- ./OFFICIAL_SENSITIVE_Fern_John_web_decision_redacted.pdf:Pupil A told Pupil H in the days following the event that something sexual had happened ./OFFICIAL_SENSITIVE_Fern_John_web_decision_redacted.pdf-between him and Mr Fern, but he did not go into full detail about what specifically ./OFFICIAL_SENSITIVE_Fern_John_web_decision_redacted.pdf-happened as he was uncomfortable doing so. (Whilst they were good friends at the time, ./OFFICIAL_SENSITIVE_Fern_John_web_decision_redacted.pdf-they had not retained that close friendship in the years after they left the School and had ./OFFICIAL_SENSITIVE_Fern_John_web_decision_redacted.pdf-not discussed these events in the intervening years.) Pupil A also disclosed the event to ./OFFICIAL_SENSITIVE_Fern_John_web_decision_redacted.pdf-Pupil I and they had discussed the event a number of times over the years, as they have ./OFFICIAL_SENSITIVE_Fern_John_web_decision_redacted.pdf-remained in touch since leaving school. Pupil A told Pupil G only limited information ./OFFICIAL_SENSITIVE_Fern_John_web_decision_redacted.pdf:about the event as he would have felt uncomfortable telling him the detailed sexual ./OFFICIAL_SENSITIVE_Fern_John_web_decision_redacted.pdf-elements of what happened, and that was still the case today. ./OFFICIAL_SENSITIVE_Fern_John_web_decision_redacted.pdf- ./OFFICIAL_SENSITIVE_Fern_John_web_decision_redacted.pdf-Mr Fern did go on to become Pupil A's [redacted] teacher in the final year of Pupil A's ./OFFICIAL_SENSITIVE_Fern_John_web_decision_redacted.pdf-time at the School and they would also still see each other in passing at social ./OFFICIAL_SENSITIVE_Fern_John_web_decision_redacted.pdf-occasions. Pupil A described this time as not weird or awkward and he was able to work ./OFFICIAL_SENSITIVE_Fern_John_web_decision_redacted.pdf:with Mr Fern without any issue. There were no other sexual encounters with Mr Fern ./OFFICIAL_SENSITIVE_Fern_John_web_decision_redacted.pdf-and Pupil A described only brief occasional contact over the intervening years. ./OFFICIAL_SENSITIVE_Fern_John_web_decision_redacted.pdf- ./OFFICIAL_SENSITIVE_Fern_John_web_decision_redacted.pdf:Pupil A said that the sexual activity had not negatively affected him in the long term. ./OFFICIAL_SENSITIVE_Fern_John_web_decision_redacted.pdf-However, he felt compelled to report Mr Fern to the police in [redacted], when he saw ./OFFICIAL_SENSITIVE_Fern_John_web_decision_redacted.pdf-that Mr Fern had taken up a headteacher post. He was concerned that Mr Fern was in a ./OFFICIAL_SENSITIVE_Fern_John_web_decision_redacted.pdf-senior trusted role and had the potential to misuse that position. He was further moved to ./OFFICIAL_SENSITIVE_Fern_John_web_decision_redacted.pdf-report this following his own experience as a teacher from [redacted] during which he had ./OFFICIAL_SENSITIVE_Fern_John_web_decision_redacted.pdf-gained a professional understanding and experience of safeguarding issues. Pupil A did ./OFFICIAL_SENSITIVE_Fern_John_web_decision_redacted.pdf:not want to support a prosecution as he did not feel that the sexual activity between Mr ./OFFICIAL_SENSITIVE_Fern_John_web_decision_redacted.pdf- ./OFFICIAL_SENSITIVE_Fern_John_web_decision_redacted.pdf- ./OFFICIAL_SENSITIVE_Fern_John_web_decision_redacted.pdf- 9 ./OFFICIAL_SENSITIVE_Fern_John_web_decision_redacted.pdf- -- ./OFFICIAL_SENSITIVE_Fern_John_web_decision_redacted.pdf-Fern and himself warranted any criminal sanction. His purpose in reporting this matter ./OFFICIAL_SENSITIVE_Fern_John_web_decision_redacted.pdf-was to ensure the future protection of pupils. ./OFFICIAL_SENSITIVE_Fern_John_web_decision_redacted.pdf- ./OFFICIAL_SENSITIVE_Fern_John_web_decision_redacted.pdf-Pupil H said that Pupil A told him about the incident with Mr Fern either the day after or at ./OFFICIAL_SENSITIVE_Fern_John_web_decision_redacted.pdf-most a few days after it happened. This evidence was not challenged by Mr Lynch. Pupil ./OFFICIAL_SENSITIVE_Fern_John_web_decision_redacted.pdf:A told Pupil H that sexual activity had taken place on the sofa. In his statement Pupil H ./OFFICIAL_SENSITIVE_Fern_John_web_decision_redacted.pdf-referred to them being naked. However, in his oral evidence, Pupil H accepted that he ./OFFICIAL_SENSITIVE_Fern_John_web_decision_redacted.pdf-could not be sure of this detail. Pupil H also said that Pupil A made reference to how risky ./OFFICIAL_SENSITIVE_Fern_John_web_decision_redacted.pdf-this incident was, as the resident tutor could have walked in at any time. ./OFFICIAL_SENSITIVE_Fern_John_web_decision_redacted.pdf- ./OFFICIAL_SENSITIVE_Fern_John_web_decision_redacted.pdf-The panel did not hear from Pupils G or I. Their accounts were before the panel in written ./OFFICIAL_SENSITIVE_Fern_John_web_decision_redacted.pdf-witness statements. ./OFFICIAL_SENSITIVE_Fern_John_web_decision_redacted.pdf- ./OFFICIAL_SENSITIVE_Fern_John_web_decision_redacted.pdf-Pupil G's account was that: "I do not remember exactly what Pupil A told me, but I know ./OFFICIAL_SENSITIVE_Fern_John_web_decision_redacted.pdf:that some sort of sexual encounter between him and Mr Fern took place. Pupil A did not ./OFFICIAL_SENSITIVE_Fern_John_web_decision_redacted.pdf-tell me the details of what happened, and I never asked." ./OFFICIAL_SENSITIVE_Fern_John_web_decision_redacted.pdf- ./OFFICIAL_SENSITIVE_Fern_John_web_decision_redacted.pdf-Pupil I's account was that: "Pupil A told me that he and Mr Fern had been in a flat ./OFFICIAL_SENSITIVE_Fern_John_web_decision_redacted.pdf-together (from recollection I think it was [the resident tutor's] apartment in [redacted], but I ./OFFICIAL_SENSITIVE_Fern_John_web_decision_redacted.pdf-cannot be certain) and that they had had a few drinks. He said that they then went into a ./OFFICIAL_SENSITIVE_Fern_John_web_decision_redacted.pdf:bedroom together and had sex, or some sort of sexual encounter. Pupil A did not go into ./OFFICIAL_SENSITIVE_Fern_John_web_decision_redacted.pdf-detail when describing what happened; he effectively just said that it had happened, and I ./OFFICIAL_SENSITIVE_Fern_John_web_decision_redacted.pdf-cannot recall any further details. To the best of my recollection, the incident took place ./OFFICIAL_SENSITIVE_Fern_John_web_decision_redacted.pdf-when we were in [redacted] at the School, when we were aged around [redacted]." ./OFFICIAL_SENSITIVE_Fern_John_web_decision_redacted.pdf- ./OFFICIAL_SENSITIVE_Fern_John_web_decision_redacted.pdf-Mr Fern described a similar background to that described by Pupil A in respect of ./OFFICIAL_SENSITIVE_Fern_John_web_decision_redacted.pdf-meeting and getting to know Pupil A. Mr Fern described Pupil A as a clever, [redacted] ./OFFICIAL_SENSITIVE_Fern_John_web_decision_redacted.pdf-and well liked student. ./OFFICIAL_SENSITIVE_Fern_John_web_decision_redacted.pdf- ./OFFICIAL_SENSITIVE_Fern_John_web_decision_redacted.pdf-Mr Fern could not remember if he had ever had a drink privately with Pupil A, but he ./OFFICIAL_SENSITIVE_Fern_John_web_decision_redacted.pdf-denied that he took Pupil A around the School looking for a place to drink. He explained ./OFFICIAL_SENSITIVE_Fern_John_web_decision_redacted.pdf-there would be no need to surreptitiously seek out a discreet place to drink with a senior ./OFFICIAL_SENSITIVE_Fern_John_web_decision_redacted.pdf-pupil, as there were plenty of legitimate places they could have gone to. There was even ./OFFICIAL_SENSITIVE_Fern_John_web_decision_redacted.pdf-a bar in the senior boarding house, albeit it was not open at all times. ./OFFICIAL_SENSITIVE_Fern_John_web_decision_redacted.pdf- ./OFFICIAL_SENSITIVE_Fern_John_web_decision_redacted.pdf-Mr Fern had visited the resident tutor's apartment on occasion, but he did not think he ./OFFICIAL_SENSITIVE_Fern_John_web_decision_redacted.pdf-was there on [redacted]. He denied that he was ever with Pupil A alone in the apartment ./OFFICIAL_SENSITIVE_Fern_John_web_decision_redacted.pdf:and accordingly that any sexual activity could have ever happened between them there ./OFFICIAL_SENSITIVE_Fern_John_web_decision_redacted.pdf-or anywhere else. ./OFFICIAL_SENSITIVE_Fern_John_web_decision_redacted.pdf- ./OFFICIAL_SENSITIVE_Fern_John_web_decision_redacted.pdf-In his statement, Mr Fern stated: "[t]o the best of my recollection, no such flat roof was ./OFFICIAL_SENSITIVE_Fern_John_web_decision_redacted.pdf-accessible from [the resident tutor's] flat". In his oral evidence, Mr Fern clarified it was ./OFFICIAL_SENSITIVE_Fern_John_web_decision_redacted.pdf-more that he could not recollect one way or another as to the presence of the flat roof. ./OFFICIAL_SENSITIVE_Fern_John_web_decision_redacted.pdf- ./OFFICIAL_SENSITIVE_Fern_John_web_decision_redacted.pdf-Mr Fern did not know why Pupil A was making these accusations against him. ./OFFICIAL_SENSITIVE_Fern_John_web_decision_redacted.pdf- ./OFFICIAL_SENSITIVE_Fern_John_web_decision_redacted.pdf- 10 ./OFFICIAL_SENSITIVE_Fern_John_web_decision_redacted.pdf- -- ./OFFICIAL_SENSITIVE_Fern_John_web_decision_redacted.pdf- ./OFFICIAL_SENSITIVE_Fern_John_web_decision_redacted.pdf-In assessing this evidence, the panel noted Pupil A's account was essentially ./OFFICIAL_SENSITIVE_Fern_John_web_decision_redacted.pdf-corroborated by the other pupils in so far as they were told about the incident by Pupil A ./OFFICIAL_SENSITIVE_Fern_John_web_decision_redacted.pdf-within a relatively short time after the event. This evidence was not challenged. There ./OFFICIAL_SENSITIVE_Fern_John_web_decision_redacted.pdf-was no evidence that Pupil H had retained any contact with Pupil A in the intervening ./OFFICIAL_SENSITIVE_Fern_John_web_decision_redacted.pdf-years, apart from when he was contacted as part of these proceedings. ./OFFICIAL_SENSITIVE_Fern_John_web_decision_redacted.pdf- ./OFFICIAL_SENSITIVE_Fern_John_web_decision_redacted.pdf-There was no evidence before the panel to suggest that Pupil A was mistaken in his ./OFFICIAL_SENSITIVE_Fern_John_web_decision_redacted.pdf-identification of Mr Fern on the evening of [redacted]. There was no evidence before the ./OFFICIAL_SENSITIVE_Fern_John_web_decision_redacted.pdf-panel that Pupil A was being dishonest about this account. If Pupil A was purposefully ./OFFICIAL_SENSITIVE_Fern_John_web_decision_redacted.pdf:lying about the sexual activity, it is a lie that has been [redacted] in the making. The panel ./OFFICIAL_SENSITIVE_Fern_John_web_decision_redacted.pdf-considers this a highly unlikely explanation. ./OFFICIAL_SENSITIVE_Fern_John_web_decision_redacted.pdf- ./OFFICIAL_SENSITIVE_Fern_John_web_decision_redacted.pdf-The panel therefore considers it is more likely than not that the events on the evening of ./OFFICIAL_SENSITIVE_Fern_John_web_decision_redacted.pdf-[redacted] were as Pupil A described them to be. Accordingly, the panel find allegation 1 ./OFFICIAL_SENSITIVE_Fern_John_web_decision_redacted.pdf-proved in full. ./OFFICIAL_SENSITIVE_Fern_John_web_decision_redacted.pdf- ./OFFICIAL_SENSITIVE_Fern_John_web_decision_redacted.pdf- 2. Between or around [redacted], you: ./OFFICIAL_SENSITIVE_Fern_John_web_decision_redacted.pdf- ./OFFICIAL_SENSITIVE_Fern_John_web_decision_redacted.pdf: a. on one or more occasions, told pupils about your sexual activity; ./OFFICIAL_SENSITIVE_Fern_John_web_decision_redacted.pdf- ./OFFICIAL_SENSITIVE_Fern_John_web_decision_redacted.pdf-Occasion 1: Discussion with Pupil A regarding Pupil B / Unknown Pupil ./OFFICIAL_SENSITIVE_Fern_John_web_decision_redacted.pdf- ./OFFICIAL_SENSITIVE_Fern_John_web_decision_redacted.pdf-Pupil A saw Mr Fern on the last day of his final year in [redacted], after going back to Mr ./OFFICIAL_SENSITIVE_Fern_John_web_decision_redacted.pdf-Fern's home with another teacher and his wife. During the evening, out of earshot of the ./OFFICIAL_SENSITIVE_Fern_John_web_decision_redacted.pdf:others, Mr Fern confided in Pupil A that he had been involved in sexual activities with 2 ./OFFICIAL_SENSITIVE_Fern_John_web_decision_redacted.pdf-other pupils at the School. ./OFFICIAL_SENSITIVE_Fern_John_web_decision_redacted.pdf- ./OFFICIAL_SENSITIVE_Fern_John_web_decision_redacted.pdf-Pupil A said Mr Fern gave Pupil A some details of what had happened, in particular that ./OFFICIAL_SENSITIVE_Fern_John_web_decision_redacted.pdf-one of the boys had only been [redacted]. Mr Fern told Pupil A that he had had full ./OFFICIAL_SENSITIVE_Fern_John_web_decision_redacted.pdf:penetrative sex with the [redacted] boy. Mr Fern's words were [redacted]. Pupil A knew ./OFFICIAL_SENSITIVE_Fern_John_web_decision_redacted.pdf-the [redacted] boy that Mr Fern was talking about, and in particular recalled that he was ./OFFICIAL_SENSITIVE_Fern_John_web_decision_redacted.pdf-shocked as the boy looked very young. ./OFFICIAL_SENSITIVE_Fern_John_web_decision_redacted.pdf- ./OFFICIAL_SENSITIVE_Fern_John_web_decision_redacted.pdf-According to Pupil A, Mr Fern also went on to describe an incident with Pupil B. Pupil B, ./OFFICIAL_SENSITIVE_Fern_John_web_decision_redacted.pdf-along with other boys, took part in a film night in Mr Fern's apartment. Mr Fern said that ./OFFICIAL_SENSITIVE_Fern_John_web_decision_redacted.pdf-they had all been bundled up on the sofa, and Mr Fern then described that Pupil B had ./OFFICIAL_SENSITIVE_Fern_John_web_decision_redacted.pdf-picked up Mr Fern's hand and put it on his [redacted]. When Pupil A recounted this ./OFFICIAL_SENSITIVE_Fern_John_web_decision_redacted.pdf-incident to ./OFFICIAL_SENSITIVE_Fern_John_web_decision_redacted.pdf- 11 ./OFFICIAL_SENSITIVE_Fern_John_web_decision_redacted.pdf- -- ./OFFICIAL_SENSITIVE_Fern_John_web_decision_redacted.pdf-the police, he could not recall Pupil B's name, but was later able to pick him out in a ./OFFICIAL_SENSITIVE_Fern_John_web_decision_redacted.pdf-school photo. ./OFFICIAL_SENSITIVE_Fern_John_web_decision_redacted.pdf- ./OFFICIAL_SENSITIVE_Fern_John_web_decision_redacted.pdf-Mr Fern could not recall a specific time when Pupil A was at his property with another ./OFFICIAL_SENSITIVE_Fern_John_web_decision_redacted.pdf-teacher and his wife, but accepted it was a possibility that it may have occurred. ./OFFICIAL_SENSITIVE_Fern_John_web_decision_redacted.pdf- ./OFFICIAL_SENSITIVE_Fern_John_web_decision_redacted.pdf:Mr Fern denied that any conversation about sexual activities with pupils took place. ./OFFICIAL_SENSITIVE_Fern_John_web_decision_redacted.pdf- ./OFFICIAL_SENSITIVE_Fern_John_web_decision_redacted.pdf-Central to the panel's consideration has been the relationship between Pupils A and B. ./OFFICIAL_SENSITIVE_Fern_John_web_decision_redacted.pdf-Pupil A was 3 academic years ahead of Pupil B. They both attended different boarding ./OFFICIAL_SENSITIVE_Fern_John_web_decision_redacted.pdf-houses at the School. It was the evidence of both Pupil A and Pupil B that they were not ./OFFICIAL_SENSITIVE_Fern_John_web_decision_redacted.pdf-friends at school, although they were able to recognise each other by sight. They had not ./OFFICIAL_SENSITIVE_Fern_John_web_decision_redacted.pdf-been in touch with each other since leaving the School. This position was not challenged ./OFFICIAL_SENSITIVE_Fern_John_web_decision_redacted.pdf-by Mr Lynch. ./OFFICIAL_SENSITIVE_Fern_John_web_decision_redacted.pdf- ./OFFICIAL_SENSITIVE_Fern_John_web_decision_redacted.pdf:The panel noted that Pupil A suggested that he only became aware of sexual activity ./OFFICIAL_SENSITIVE_Fern_John_web_decision_redacted.pdf-between Mr Fern and Pupil B by reason of Mr Fern telling him about it. After Pupil A ./OFFICIAL_SENSITIVE_Fern_John_web_decision_redacted.pdf-contacted the police and disclosed this information about Pupil B, Pupil B corroborated ./OFFICIAL_SENSITIVE_Fern_John_web_decision_redacted.pdf:the sexual activity between Mr Fern and himself. There is no other reasonable ./OFFICIAL_SENSITIVE_Fern_John_web_decision_redacted.pdf-explanation before the panel as to how Pupil A gained this information. The panel ./OFFICIAL_SENSITIVE_Fern_John_web_decision_redacted.pdf:considers it was more likely than not that Mr Fern told Pupil A about this sexual activity ./OFFICIAL_SENSITIVE_Fern_John_web_decision_redacted.pdf-with Pupil B and therefore find this factual element of the sub-allegation proved. The ./OFFICIAL_SENSITIVE_Fern_John_web_decision_redacted.pdf-panel also considers this to be a significant factor in relation to lending credibility to the ./OFFICIAL_SENSITIVE_Fern_John_web_decision_redacted.pdf-accounts of Pupil A and Pupil B in other allegations. ./OFFICIAL_SENSITIVE_Fern_John_web_decision_redacted.pdf- ./OFFICIAL_SENSITIVE_Fern_John_web_decision_redacted.pdf-Occasion 2: Discussions with Pupil A regarding threesomes ./OFFICIAL_SENSITIVE_Fern_John_web_decision_redacted.pdf- ./OFFICIAL_SENSITIVE_Fern_John_web_decision_redacted.pdf-Pupil A recalled a conversation on [redacted], whilst out on the flat roof. Pupil A ./OFFICIAL_SENSITIVE_Fern_John_web_decision_redacted.pdf-recounted to Mr Fern that Mr Fern had previously mentioned a story about having a ./OFFICIAL_SENSITIVE_Fern_John_web_decision_redacted.pdf-threesome. Pupil A asked Mr Fern if it was with other men or women. Mr Fern responded ./OFFICIAL_SENSITIVE_Fern_John_web_decision_redacted.pdf-with 'who said anything about women?' -- ./OFFICIAL_SENSITIVE_Fern_John_web_decision_redacted.pdf-conversation had taken place. ./OFFICIAL_SENSITIVE_Fern_John_web_decision_redacted.pdf- ./OFFICIAL_SENSITIVE_Fern_John_web_decision_redacted.pdf-The panel considers that Pupil A's account sits consistently with the surrounding ./OFFICIAL_SENSITIVE_Fern_John_web_decision_redacted.pdf-evidence of the events that allegedly took place on the flat roof and that it was more likely ./OFFICIAL_SENSITIVE_Fern_John_web_decision_redacted.pdf-than not that Mr Fern made these remarks. The panel finds this factual element of the ./OFFICIAL_SENSITIVE_Fern_John_web_decision_redacted.pdf-sub-allegation proved. ./OFFICIAL_SENSITIVE_Fern_John_web_decision_redacted.pdf- ./OFFICIAL_SENSITIVE_Fern_John_web_decision_redacted.pdf-Occasion 3: Discussions with Pupil B ./OFFICIAL_SENSITIVE_Fern_John_web_decision_redacted.pdf- ./OFFICIAL_SENSITIVE_Fern_John_web_decision_redacted.pdf-Pupil B stated in his statement that there were instances where Mr Fern had told him ./OFFICIAL_SENSITIVE_Fern_John_web_decision_redacted.pdf:about past sexual activity, including sex with other teachers and masturbating before ./OFFICIAL_SENSITIVE_Fern_John_web_decision_redacted.pdf-attending a parents' evening. ./OFFICIAL_SENSITIVE_Fern_John_web_decision_redacted.pdf- ./OFFICIAL_SENSITIVE_Fern_John_web_decision_redacted.pdf- ./OFFICIAL_SENSITIVE_Fern_John_web_decision_redacted.pdf- 12 ./OFFICIAL_SENSITIVE_Fern_John_web_decision_redacted.pdf- -- ./OFFICIAL_SENSITIVE_Fern_John_web_decision_redacted.pdf:Mr Fern denied making sexualised remarks to Pupil B or any other pupils. Mr Fern ./OFFICIAL_SENSITIVE_Fern_John_web_decision_redacted.pdf-explained that he was in a relationship with another teacher at the School, whilst he was ./OFFICIAL_SENSITIVE_Fern_John_web_decision_redacted.pdf-working there and that sometimes, pupils might make comments about that relationship. ./OFFICIAL_SENSITIVE_Fern_John_web_decision_redacted.pdf-Mr Fern explained that any discussions of this nature would not cross any professional ./OFFICIAL_SENSITIVE_Fern_John_web_decision_redacted.pdf-boundary, on his part, even if the pupils had crossed the boundary. ./OFFICIAL_SENSITIVE_Fern_John_web_decision_redacted.pdf- ./OFFICIAL_SENSITIVE_Fern_John_web_decision_redacted.pdf-Whilst the panel noted these remarks in Pupil B's evidence, he was not taken to this topic ./OFFICIAL_SENSITIVE_Fern_John_web_decision_redacted.pdf-by either party in his oral evidence. The description of these events in Pupil's B statement ./OFFICIAL_SENSITIVE_Fern_John_web_decision_redacted.pdf-was a general description and did not give much detail about the events and surrounding ./OFFICIAL_SENSITIVE_Fern_John_web_decision_redacted.pdf-circumstances. On these grounds, as opposed to on the grounds of any concern ./OFFICIAL_SENSITIVE_Fern_John_web_decision_redacted.pdf-regarding Pupil B's credibility, the panel considered that it had insufficient evidence to be -- ./OFFICIAL_SENSITIVE_Fern_John_web_decision_redacted.pdf- ./OFFICIAL_SENSITIVE_Fern_John_web_decision_redacted.pdf- ii. [redacted]; ./OFFICIAL_SENSITIVE_Fern_John_web_decision_redacted.pdf- ./OFFICIAL_SENSITIVE_Fern_John_web_decision_redacted.pdf- iii. [redacted]; ./OFFICIAL_SENSITIVE_Fern_John_web_decision_redacted.pdf- ./OFFICIAL_SENSITIVE_Fern_John_web_decision_redacted.pdf-Pupil B attended the School from [redacted]. From Years [redacted] he was a full time ./OFFICIAL_SENSITIVE_Fern_John_web_decision_redacted.pdf-boarder and resided in [redacted] House at the School. Pupil B first met Mr Fern when Mr ./OFFICIAL_SENSITIVE_Fern_John_web_decision_redacted.pdf-Fern was appointed as the resident tutor at [redacted] during Pupil B's first year at the ./OFFICIAL_SENSITIVE_Fern_John_web_decision_redacted.pdf-School. ./OFFICIAL_SENSITIVE_Fern_John_web_decision_redacted.pdf- ./OFFICIAL_SENSITIVE_Fern_John_web_decision_redacted.pdf:Pupil B described several sexual encounters with Mr Fern when Pupil B was [redacted] ./OFFICIAL_SENSITIVE_Fern_John_web_decision_redacted.pdf-which all took place in Mr Fern's apartment. Pupil B described that a group of pupils, ./OFFICIAL_SENSITIVE_Fern_John_web_decision_redacted.pdf-including himself, would often attend Mr Fern's apartment to watch a film on a Saturday ./OFFICIAL_SENSITIVE_Fern_John_web_decision_redacted.pdf-evening and there were also some dinner parties there. ./OFFICIAL_SENSITIVE_Fern_John_web_decision_redacted.pdf- ./OFFICIAL_SENSITIVE_Fern_John_web_decision_redacted.pdf-Pupil B explained that on one occasion he was at Mr Fern's apartment and was in the ./OFFICIAL_SENSITIVE_Fern_John_web_decision_redacted.pdf-kitchen preparing some food for a dinner party. Mr Fern walked up behind Pupil B and ./OFFICIAL_SENSITIVE_Fern_John_web_decision_redacted.pdf-placed his hand down Pupil B's trousers. [redacted]. ./OFFICIAL_SENSITIVE_Fern_John_web_decision_redacted.pdf- ./OFFICIAL_SENSITIVE_Fern_John_web_decision_redacted.pdf-Pupil B explained that he froze, that it felt like time had slowed down and he just carried ./OFFICIAL_SENSITIVE_Fern_John_web_decision_redacted.pdf-on preparing the food. There was no one else in the apartment at the time and when -- ./OFFICIAL_SENSITIVE_Fern_John_web_decision_redacted.pdf-Mr Fern explained that one of the things he liked to do as the resident tutor was to ./OFFICIAL_SENSITIVE_Fern_John_web_decision_redacted.pdf-encourage the pupils to learn how to cook. There were no cooking appliances in the ./OFFICIAL_SENSITIVE_Fern_John_web_decision_redacted.pdf-communal facilities, so this took place in his apartment. Pupil B was often involved in the ./OFFICIAL_SENSITIVE_Fern_John_web_decision_redacted.pdf-cooking process as he enjoyed it and also because Pupil B did not return home as often ./OFFICIAL_SENSITIVE_Fern_John_web_decision_redacted.pdf-as a lot of the other pupils on weekends. ./OFFICIAL_SENSITIVE_Fern_John_web_decision_redacted.pdf- ./OFFICIAL_SENSITIVE_Fern_John_web_decision_redacted.pdf:Mr Fern denied that any sexual activity took place with Pupil B on these occasions in the ./OFFICIAL_SENSITIVE_Fern_John_web_decision_redacted.pdf-apartment. It was highlighted that there was usually other pupils in the apartment at the ./OFFICIAL_SENSITIVE_Fern_John_web_decision_redacted.pdf-same time which made it more unlikely that these events had taken place. ./OFFICIAL_SENSITIVE_Fern_John_web_decision_redacted.pdf- ./OFFICIAL_SENSITIVE_Fern_John_web_decision_redacted.pdf-Mr Fern also gave evidence that they had seen each other in later years when Pupil B ./OFFICIAL_SENSITIVE_Fern_John_web_decision_redacted.pdf-and his friends visited him in [redacted]. ./OFFICIAL_SENSITIVE_Fern_John_web_decision_redacted.pdf- ./OFFICIAL_SENSITIVE_Fern_John_web_decision_redacted.pdf-During the course of Pupil B's evidence, he gave a different account regarding allegation ./OFFICIAL_SENSITIVE_Fern_John_web_decision_redacted.pdf-3.b.ii. to what was in his witness statement. In his statement, Pupil B had written that Mr ./OFFICIAL_SENSITIVE_Fern_John_web_decision_redacted.pdf-Fern had asked Pupil B to give him a [redacted]. Pupil B explained this was an error in ./OFFICIAL_SENSITIVE_Fern_John_web_decision_redacted.pdf-his statement and that it was actually his evidence that Mr Fern asked to give him a -- ./OFFICIAL_SENSITIVE_Fern_John_web_decision_redacted.pdf: 4. Your conduct at paragraph 2 was sexually motivated in that the conduct ./OFFICIAL_SENSITIVE_Fern_John_web_decision_redacted.pdf: was in pursuit of sexual gratification and/ or pursuit of a future sexual ./OFFICIAL_SENSITIVE_Fern_John_web_decision_redacted.pdf- relationship. ./OFFICIAL_SENSITIVE_Fern_John_web_decision_redacted.pdf- ./OFFICIAL_SENSITIVE_Fern_John_web_decision_redacted.pdf-Having found allegation 2 proved, the panel went on to consider whether this was ./OFFICIAL_SENSITIVE_Fern_John_web_decision_redacted.pdf:conduct that was sexually motivated. ./OFFICIAL_SENSITIVE_Fern_John_web_decision_redacted.pdf- ./OFFICIAL_SENSITIVE_Fern_John_web_decision_redacted.pdf-In regard to allegation 2.a. (Occasion 1), the panel considers that the timing of the ./OFFICIAL_SENSITIVE_Fern_John_web_decision_redacted.pdf:conversation whilst on the flat roof with Pupil A, directly before their sexual activity started ./OFFICIAL_SENSITIVE_Fern_John_web_decision_redacted.pdf:and making an indirect reference to sex with men, was more likely than not a ./OFFICIAL_SENSITIVE_Fern_John_web_decision_redacted.pdf:conversation with the aim of advancing a sexual relationship with Pupil A. ./OFFICIAL_SENSITIVE_Fern_John_web_decision_redacted.pdf- ./OFFICIAL_SENSITIVE_Fern_John_web_decision_redacted.pdf-In regard to allegation 2.b., the panel considers that these remarks were made as part of ./OFFICIAL_SENSITIVE_Fern_John_web_decision_redacted.pdf-Mr Fern's risk taking and boundary pushing behaviour with Pupil B. The panel considers ./OFFICIAL_SENSITIVE_Fern_John_web_decision_redacted.pdf:these are more likely than not to have been for Mr Fern's sexual gratification as they ./OFFICIAL_SENSITIVE_Fern_John_web_decision_redacted.pdf-were a reference to wearing Pupil B's underwear. ./OFFICIAL_SENSITIVE_Fern_John_web_decision_redacted.pdf- ./OFFICIAL_SENSITIVE_Fern_John_web_decision_redacted.pdf-Accordingly, the panel finds this allegation proved. ./OFFICIAL_SENSITIVE_Fern_John_web_decision_redacted.pdf- ./OFFICIAL_SENSITIVE_Fern_John_web_decision_redacted.pdf-Findings as to unacceptable professional conduct and or conduct that ./OFFICIAL_SENSITIVE_Fern_John_web_decision_redacted.pdf-may bring the profession into disrepute ./OFFICIAL_SENSITIVE_Fern_John_web_decision_redacted.pdf- ./OFFICIAL_SENSITIVE_Fern_John_web_decision_redacted.pdf-The panel is mindful that this was conduct that happened a number of years ago, and in ./OFFICIAL_SENSITIVE_Fern_John_web_decision_redacted.pdf-some circumstances, holding teachers to the standards that are in place today, could ./OFFICIAL_SENSITIVE_Fern_John_web_decision_redacted.pdf-lead to an injustice. That is not the position in Mr Fern's case. Mr Fern's conduct fell -- ./OFFICIAL_SENSITIVE_Fern_John_web_decision_redacted.pdf-  Teachers must have an understanding of, and always act within, the statutory ./OFFICIAL_SENSITIVE_Fern_John_web_decision_redacted.pdf- frameworks which set out their professional duties and responsibilities. ./OFFICIAL_SENSITIVE_Fern_John_web_decision_redacted.pdf- ./OFFICIAL_SENSITIVE_Fern_John_web_decision_redacted.pdf-The panel also considered whether Mr Fern's conduct displayed behaviours associated ./OFFICIAL_SENSITIVE_Fern_John_web_decision_redacted.pdf-with any of the offences listed on pages 12 and 13 of the Advice. The panel found that ./OFFICIAL_SENSITIVE_Fern_John_web_decision_redacted.pdf:offences involving 'sexual activity' was relevant. ./OFFICIAL_SENSITIVE_Fern_John_web_decision_redacted.pdf- ./OFFICIAL_SENSITIVE_Fern_John_web_decision_redacted.pdf-The Advice indicates that where behaviours associated with such offences exist, a panel ./OFFICIAL_SENSITIVE_Fern_John_web_decision_redacted.pdf-is likely to conclude that an individual’s conduct would amount to unacceptable ./OFFICIAL_SENSITIVE_Fern_John_web_decision_redacted.pdf-professional conduct. ./OFFICIAL_SENSITIVE_Fern_John_web_decision_redacted.pdf- ./OFFICIAL_SENSITIVE_Fern_John_web_decision_redacted.pdf:Mr Fern's actions included serious sexual misconduct with more than one pupil, including ./OFFICIAL_SENSITIVE_Fern_John_web_decision_redacted.pdf-some non-consensual acts. Mr Fern's behaviour was further aggravated by the significant ./OFFICIAL_SENSITIVE_Fern_John_web_decision_redacted.pdf-breach of trust between that of a teacher and pupil, taking into account his effective role ./OFFICIAL_SENSITIVE_Fern_John_web_decision_redacted.pdf-in loco parentis whilst these pupils were with him. ./OFFICIAL_SENSITIVE_Fern_John_web_decision_redacted.pdf- ./OFFICIAL_SENSITIVE_Fern_John_web_decision_redacted.pdf-The panel is satisfied that the conduct of Mr Fern amounted to misconduct of a serious ./OFFICIAL_SENSITIVE_Fern_John_web_decision_redacted.pdf-nature which fell significantly short of the standards expected of the profession. ./OFFICIAL_SENSITIVE_Fern_John_web_decision_redacted.pdf- ./OFFICIAL_SENSITIVE_Fern_John_web_decision_redacted.pdf-Accordingly, the panel is satisfied that Mr Fern was guilty of unacceptable professional ./OFFICIAL_SENSITIVE_Fern_John_web_decision_redacted.pdf-conduct. ./OFFICIAL_SENSITIVE_Fern_John_web_decision_redacted.pdf- -- ./OFFICIAL_SENSITIVE_Fern_John_web_decision_redacted.pdf- ./OFFICIAL_SENSITIVE_Fern_John_web_decision_redacted.pdf-  the protection of pupils/the protection of other members of the public ./OFFICIAL_SENSITIVE_Fern_John_web_decision_redacted.pdf- ./OFFICIAL_SENSITIVE_Fern_John_web_decision_redacted.pdf-  the maintenance of public confidence in the profession ./OFFICIAL_SENSITIVE_Fern_John_web_decision_redacted.pdf- ./OFFICIAL_SENSITIVE_Fern_John_web_decision_redacted.pdf-  declaring and upholding proper standards of conduct ./OFFICIAL_SENSITIVE_Fern_John_web_decision_redacted.pdf- ./OFFICIAL_SENSITIVE_Fern_John_web_decision_redacted.pdf-  retaining good teachers in the profession ./OFFICIAL_SENSITIVE_Fern_John_web_decision_redacted.pdf- ./OFFICIAL_SENSITIVE_Fern_John_web_decision_redacted.pdf-In light of the panel’s findings against Mr Fern, there was a strong public interest ./OFFICIAL_SENSITIVE_Fern_John_web_decision_redacted.pdf:consideration in respect of the protection of pupils, given the serious findings of sexual ./OFFICIAL_SENSITIVE_Fern_John_web_decision_redacted.pdf-misconduct with children. ./OFFICIAL_SENSITIVE_Fern_John_web_decision_redacted.pdf- ./OFFICIAL_SENSITIVE_Fern_John_web_decision_redacted.pdf-Similarly, the panel considered that public confidence in the profession could be seriously ./OFFICIAL_SENSITIVE_Fern_John_web_decision_redacted.pdf-weakened if conduct such as that found against Mr Fern were not treated with the utmost ./OFFICIAL_SENSITIVE_Fern_John_web_decision_redacted.pdf-seriousness when regulating the conduct of the profession. ./OFFICIAL_SENSITIVE_Fern_John_web_decision_redacted.pdf- ./OFFICIAL_SENSITIVE_Fern_John_web_decision_redacted.pdf-The panel was of the view that a strong public interest consideration in declaring proper ./OFFICIAL_SENSITIVE_Fern_John_web_decision_redacted.pdf-standards of conduct in the profession was also present as the conduct found against Mr ./OFFICIAL_SENSITIVE_Fern_John_web_decision_redacted.pdf-Fern was outside that which could reasonably be tolerated. ./OFFICIAL_SENSITIVE_Fern_John_web_decision_redacted.pdf- -- ./OFFICIAL_SENSITIVE_Fern_John_web_decision_redacted.pdf-The panel took further account of the Advice, which suggests that a prohibition order may ./OFFICIAL_SENSITIVE_Fern_John_web_decision_redacted.pdf-be appropriate if certain behaviours of a teacher have been proved. In the list of such ./OFFICIAL_SENSITIVE_Fern_John_web_decision_redacted.pdf-behaviours, those that were relevant in this case were: ./OFFICIAL_SENSITIVE_Fern_John_web_decision_redacted.pdf- ./OFFICIAL_SENSITIVE_Fern_John_web_decision_redacted.pdf-  serious departure from the personal and professional conduct elements of the ./OFFICIAL_SENSITIVE_Fern_John_web_decision_redacted.pdf- Teachers’ Standards; ./OFFICIAL_SENSITIVE_Fern_John_web_decision_redacted.pdf- ./OFFICIAL_SENSITIVE_Fern_John_web_decision_redacted.pdf-  the commission of a serious criminal offence, including those that resulted in a ./OFFICIAL_SENSITIVE_Fern_John_web_decision_redacted.pdf- conviction or caution, paying particular attention to offences that are ‘relevant ./OFFICIAL_SENSITIVE_Fern_John_web_decision_redacted.pdf- matters’ for the purposes of the Police Act 1997 and criminal record disclosures (in ./OFFICIAL_SENSITIVE_Fern_John_web_decision_redacted.pdf: so far as it could apply to non-consensual sexual activity with Pupil B); ./OFFICIAL_SENSITIVE_Fern_John_web_decision_redacted.pdf- ./OFFICIAL_SENSITIVE_Fern_John_web_decision_redacted.pdf-  misconduct seriously affecting the safeguarding and well-being of pupils; ./OFFICIAL_SENSITIVE_Fern_John_web_decision_redacted.pdf- ./OFFICIAL_SENSITIVE_Fern_John_web_decision_redacted.pdf- ./OFFICIAL_SENSITIVE_Fern_John_web_decision_redacted.pdf- ./OFFICIAL_SENSITIVE_Fern_John_web_decision_redacted.pdf- 19 ./OFFICIAL_SENSITIVE_Fern_John_web_decision_redacted.pdf- -- ./OFFICIAL_SENSITIVE_Fern_John_web_decision_redacted.pdf-  an abuse of any trust, knowledge, or influence gained through their professional ./OFFICIAL_SENSITIVE_Fern_John_web_decision_redacted.pdf: position in order to advance a romantic or sexual relationship with a pupil or former ./OFFICIAL_SENSITIVE_Fern_John_web_decision_redacted.pdf- pupil; ./OFFICIAL_SENSITIVE_Fern_John_web_decision_redacted.pdf- ./OFFICIAL_SENSITIVE_Fern_John_web_decision_redacted.pdf-  abuse of position or trust (particularly involving pupils); ./OFFICIAL_SENSITIVE_Fern_John_web_decision_redacted.pdf- ./OFFICIAL_SENSITIVE_Fern_John_web_decision_redacted.pdf-  violation of the rights of pupils; ./OFFICIAL_SENSITIVE_Fern_John_web_decision_redacted.pdf- ./OFFICIAL_SENSITIVE_Fern_John_web_decision_redacted.pdf:  sexual misconduct, for example, involving actions that were sexually motivated or ./OFFICIAL_SENSITIVE_Fern_John_web_decision_redacted.pdf: of a sexual nature and/or that use or exploit the trust, knowledge or influence ./OFFICIAL_SENSITIVE_Fern_John_web_decision_redacted.pdf- derived from the individual’s professional position; ./OFFICIAL_SENSITIVE_Fern_John_web_decision_redacted.pdf- ./OFFICIAL_SENSITIVE_Fern_John_web_decision_redacted.pdf-  failure in their duty of care towards a child. ./OFFICIAL_SENSITIVE_Fern_John_web_decision_redacted.pdf- ./OFFICIAL_SENSITIVE_Fern_John_web_decision_redacted.pdf-Even though some of the behaviour found proved in this case indicated that a prohibition ./OFFICIAL_SENSITIVE_Fern_John_web_decision_redacted.pdf-order would be appropriate, the panel went on to consider the mitigating factors. ./OFFICIAL_SENSITIVE_Fern_John_web_decision_redacted.pdf-Mitigating factors may indicate that a prohibition order would not be appropriate or ./OFFICIAL_SENSITIVE_Fern_John_web_decision_redacted.pdf-proportionate. ./OFFICIAL_SENSITIVE_Fern_John_web_decision_redacted.pdf- ./OFFICIAL_SENSITIVE_Fern_John_web_decision_redacted.pdf-There was no evidence that Mr Fern's actions were not deliberate. There was no -- ./OFFICIAL_SENSITIVE_Fern_John_web_decision_redacted.pdf-The panel was of the view that, applying the standard of the ordinary intelligent citizen, it ./OFFICIAL_SENSITIVE_Fern_John_web_decision_redacted.pdf-would not be a proportionate and appropriate response to recommend no prohibition ./OFFICIAL_SENSITIVE_Fern_John_web_decision_redacted.pdf-order. Recommending that the publication of adverse findings would be sufficient would ./OFFICIAL_SENSITIVE_Fern_John_web_decision_redacted.pdf-unacceptably compromise the public interest considerations present in this case, despite ./OFFICIAL_SENSITIVE_Fern_John_web_decision_redacted.pdf-the severity of the consequences for Mr Fern of prohibition. ./OFFICIAL_SENSITIVE_Fern_John_web_decision_redacted.pdf- ./OFFICIAL_SENSITIVE_Fern_John_web_decision_redacted.pdf-The panel was of the view that prohibition is both proportionate and appropriate. The ./OFFICIAL_SENSITIVE_Fern_John_web_decision_redacted.pdf-panel decided that the public interest considerations of maintaining and declaring the ./OFFICIAL_SENSITIVE_Fern_John_web_decision_redacted.pdf-standards of the profession significantly outweighed the interests of retaining Mr Fern in ./OFFICIAL_SENSITIVE_Fern_John_web_decision_redacted.pdf-the profession. Mr Fern's behaviour, which was not a one off incident and included non- ./OFFICIAL_SENSITIVE_Fern_John_web_decision_redacted.pdf:consensual sexual activity was at the most serious end of the spectrum of sexual ./OFFICIAL_SENSITIVE_Fern_John_web_decision_redacted.pdf-misconduct which could not be resolved in any other fashion than making a ./OFFICIAL_SENSITIVE_Fern_John_web_decision_redacted.pdf-recommendation to prohibit. ./OFFICIAL_SENSITIVE_Fern_John_web_decision_redacted.pdf- ./OFFICIAL_SENSITIVE_Fern_John_web_decision_redacted.pdf-Accordingly, the panel makes a recommendation to the Secretary of State that a ./OFFICIAL_SENSITIVE_Fern_John_web_decision_redacted.pdf-prohibition order should be imposed with immediate effect. ./OFFICIAL_SENSITIVE_Fern_John_web_decision_redacted.pdf- ./OFFICIAL_SENSITIVE_Fern_John_web_decision_redacted.pdf-The panel went on to consider whether or not it would be appropriate for it to decide to ./OFFICIAL_SENSITIVE_Fern_John_web_decision_redacted.pdf-recommend a review period of the order. The panel was mindful that the Advice states ./OFFICIAL_SENSITIVE_Fern_John_web_decision_redacted.pdf-that a prohibition order applies for life, but there may be circumstances, in any given ./OFFICIAL_SENSITIVE_Fern_John_web_decision_redacted.pdf-case, that may make it appropriate to allow a teacher to apply to have the prohibition ./OFFICIAL_SENSITIVE_Fern_John_web_decision_redacted.pdf-order reviewed after a specified period of time that may not be less than 2 years. ./OFFICIAL_SENSITIVE_Fern_John_web_decision_redacted.pdf- ./OFFICIAL_SENSITIVE_Fern_John_web_decision_redacted.pdf-The Advice indicates that there are behaviours that, if proved, would militate against the ./OFFICIAL_SENSITIVE_Fern_John_web_decision_redacted.pdf-recommendation of a review period. These behaviours include: ./OFFICIAL_SENSITIVE_Fern_John_web_decision_redacted.pdf- ./OFFICIAL_SENSITIVE_Fern_John_web_decision_redacted.pdf:  serious sexual misconduct, such as where the act was sexually motivated and ./OFFICIAL_SENSITIVE_Fern_John_web_decision_redacted.pdf- resulted in, or had the potential to result in, harm to a person or persons, ./OFFICIAL_SENSITIVE_Fern_John_web_decision_redacted.pdf- particularly where the individual has used his professional position to influence or ./OFFICIAL_SENSITIVE_Fern_John_web_decision_redacted.pdf- exploit a person: ./OFFICIAL_SENSITIVE_Fern_John_web_decision_redacted.pdf- ./OFFICIAL_SENSITIVE_Fern_John_web_decision_redacted.pdf:  any sexual misconduct involving a child. ./OFFICIAL_SENSITIVE_Fern_John_web_decision_redacted.pdf- ./OFFICIAL_SENSITIVE_Fern_John_web_decision_redacted.pdf-The panel decided that the findings indicated a situation in which a review period would ./OFFICIAL_SENSITIVE_Fern_John_web_decision_redacted.pdf-not be appropriate and, as such, decided that it would be proportionate, in all the ./OFFICIAL_SENSITIVE_Fern_John_web_decision_redacted.pdf-circumstances, for the prohibition order to be recommended without provision for a ./OFFICIAL_SENSITIVE_Fern_John_web_decision_redacted.pdf-review period. ./OFFICIAL_SENSITIVE_Fern_John_web_decision_redacted.pdf- ./OFFICIAL_SENSITIVE_Fern_John_web_decision_redacted.pdf- ./OFFICIAL_SENSITIVE_Fern_John_web_decision_redacted.pdf- ./OFFICIAL_SENSITIVE_Fern_John_web_decision_redacted.pdf- ./OFFICIAL_SENSITIVE_Fern_John_web_decision_redacted.pdf- 21 -- ./OFFICIAL_SENSITIVE_Fern_John_web_decision_redacted.pdf- ./OFFICIAL_SENSITIVE_Fern_John_web_decision_redacted.pdf-  Teachers must have proper and professional regard for the ethos, policies and ./OFFICIAL_SENSITIVE_Fern_John_web_decision_redacted.pdf- practices of the school in which they teach ./OFFICIAL_SENSITIVE_Fern_John_web_decision_redacted.pdf- ./OFFICIAL_SENSITIVE_Fern_John_web_decision_redacted.pdf-  Teachers must have an understanding of, and always act within, the statutory ./OFFICIAL_SENSITIVE_Fern_John_web_decision_redacted.pdf- frameworks which set out their professional duties and responsibilities. ./OFFICIAL_SENSITIVE_Fern_John_web_decision_redacted.pdf- ./OFFICIAL_SENSITIVE_Fern_John_web_decision_redacted.pdf-The panel finds that the conduct of Mr Fern fell significantly short of the standards ./OFFICIAL_SENSITIVE_Fern_John_web_decision_redacted.pdf-expected of the profession. ./OFFICIAL_SENSITIVE_Fern_John_web_decision_redacted.pdf- ./OFFICIAL_SENSITIVE_Fern_John_web_decision_redacted.pdf:The findings of misconduct are particularly serious as they included serious sexual ./OFFICIAL_SENSITIVE_Fern_John_web_decision_redacted.pdf-misconduct with more than one pupil, including some non-consensual acts. ./OFFICIAL_SENSITIVE_Fern_John_web_decision_redacted.pdf- ./OFFICIAL_SENSITIVE_Fern_John_web_decision_redacted.pdf-I have to determine whether the imposition of a prohibition order is proportionate and in ./OFFICIAL_SENSITIVE_Fern_John_web_decision_redacted.pdf-the public interest. In considering that for this case, I have considered the overall aim of a ./OFFICIAL_SENSITIVE_Fern_John_web_decision_redacted.pdf-prohibition order which is to protect pupils and to maintain public confidence in the ./OFFICIAL_SENSITIVE_Fern_John_web_decision_redacted.pdf-profession. I have considered the extent to which a prohibition order in this case would ./OFFICIAL_SENSITIVE_Fern_John_web_decision_redacted.pdf-achieve that aim taking into account the impact that it will have on the individual teacher. ./OFFICIAL_SENSITIVE_Fern_John_web_decision_redacted.pdf-I have also asked myself, whether a less intrusive measure, such as the published ./OFFICIAL_SENSITIVE_Fern_John_web_decision_redacted.pdf-finding of unacceptable professional conduct and conduct that may bring the profession ./OFFICIAL_SENSITIVE_Fern_John_web_decision_redacted.pdf-into disrepute, would itself be sufficient to achieve the overall aim. I have to consider -- ./OFFICIAL_SENSITIVE_Fern_John_web_decision_redacted.pdf-whether the consequences of such a publication are themselves sufficient. I have ./OFFICIAL_SENSITIVE_Fern_John_web_decision_redacted.pdf-considered therefore whether or not prohibiting Mr Fern, and the impact that will have on ./OFFICIAL_SENSITIVE_Fern_John_web_decision_redacted.pdf-the teacher, is proportionate and in the public interest. ./OFFICIAL_SENSITIVE_Fern_John_web_decision_redacted.pdf- ./OFFICIAL_SENSITIVE_Fern_John_web_decision_redacted.pdf-In this case, I have considered the extent to which a prohibition order would protect ./OFFICIAL_SENSITIVE_Fern_John_web_decision_redacted.pdf-children and safeguard pupils. The panel has observed, “In light of the panel’s findings ./OFFICIAL_SENSITIVE_Fern_John_web_decision_redacted.pdf-against Mr Fern, there was a strong public interest consideration in respect of the ./OFFICIAL_SENSITIVE_Fern_John_web_decision_redacted.pdf:protection of pupils, given the serious findings of sexual misconduct with children.” A ./OFFICIAL_SENSITIVE_Fern_John_web_decision_redacted.pdf-prohibition order would therefore prevent such a risk from being present in the future. ./OFFICIAL_SENSITIVE_Fern_John_web_decision_redacted.pdf- ./OFFICIAL_SENSITIVE_Fern_John_web_decision_redacted.pdf-Although the panel have not commented on insight and remorse, in my judgement the ./OFFICIAL_SENSITIVE_Fern_John_web_decision_redacted.pdf-lack of insight or remorse means that there is some risk of the repetition of this behaviour ./OFFICIAL_SENSITIVE_Fern_John_web_decision_redacted.pdf-and this puts at risk the future wellbeing of pupils’. ./OFFICIAL_SENSITIVE_Fern_John_web_decision_redacted.pdf- ./OFFICIAL_SENSITIVE_Fern_John_web_decision_redacted.pdf-I have gone on to consider the extent to which a prohibition order would maintain public ./OFFICIAL_SENSITIVE_Fern_John_web_decision_redacted.pdf-confidence in the profession. The panel observe, “the panel considered that public ./OFFICIAL_SENSITIVE_Fern_John_web_decision_redacted.pdf-confidence in the profession could be seriously weakened if conduct such as that found ./OFFICIAL_SENSITIVE_Fern_John_web_decision_redacted.pdf-against Mr Fern were not treated with the utmost seriousness when regulating the ./OFFICIAL_SENSITIVE_Fern_John_web_decision_redacted.pdf-conduct of the profession.” ./OFFICIAL_SENSITIVE_Fern_John_web_decision_redacted.pdf- ./OFFICIAL_SENSITIVE_Fern_John_web_decision_redacted.pdf:I am particularly mindful of the finding of sexual misconduct involving a child in this case ./OFFICIAL_SENSITIVE_Fern_John_web_decision_redacted.pdf-and the impact that such a finding has on the reputation of the profession, the conduct ./OFFICIAL_SENSITIVE_Fern_John_web_decision_redacted.pdf-found proven could damage the reputation of the profession. ./OFFICIAL_SENSITIVE_Fern_John_web_decision_redacted.pdf- ./OFFICIAL_SENSITIVE_Fern_John_web_decision_redacted.pdf-I have had to consider that the public has a high expectation of professional standards of ./OFFICIAL_SENSITIVE_Fern_John_web_decision_redacted.pdf-all teachers and that the public might regard a failure to impose a prohibition order as a ./OFFICIAL_SENSITIVE_Fern_John_web_decision_redacted.pdf-failure to uphold those high standards. In weighing these considerations, I have had to ./OFFICIAL_SENSITIVE_Fern_John_web_decision_redacted.pdf-consider the matter from the point of view of an “ordinary intelligent and well-informed ./OFFICIAL_SENSITIVE_Fern_John_web_decision_redacted.pdf-citizen.” ./OFFICIAL_SENSITIVE_Fern_John_web_decision_redacted.pdf- ./OFFICIAL_SENSITIVE_Fern_John_web_decision_redacted.pdf-I have considered whether the publication of a finding of unacceptable professional -- ./OFFICIAL_SENSITIVE_Fern_John_web_decision_redacted.pdf-A prohibition order would prevent Mr Fern from teaching. A prohibition order would also ./OFFICIAL_SENSITIVE_Fern_John_web_decision_redacted.pdf-clearly deprive the public of his contribution to the profession for the period that it is in ./OFFICIAL_SENSITIVE_Fern_John_web_decision_redacted.pdf-force. ./OFFICIAL_SENSITIVE_Fern_John_web_decision_redacted.pdf- ./OFFICIAL_SENSITIVE_Fern_John_web_decision_redacted.pdf-In this case, I have placed considerable weight on the panel’s comments, “Mr Fern's ./OFFICIAL_SENSITIVE_Fern_John_web_decision_redacted.pdf:actions included serious sexual misconduct with more than one pupil, including some ./OFFICIAL_SENSITIVE_Fern_John_web_decision_redacted.pdf-non-consensual acts. Mr Fern's behaviour was further aggravated by the significant ./OFFICIAL_SENSITIVE_Fern_John_web_decision_redacted.pdf-breach of trust between that of a teacher and pupil, taking into account his effective role ./OFFICIAL_SENSITIVE_Fern_John_web_decision_redacted.pdf-in loco parentis whilst these pupils were with him.” ./OFFICIAL_SENSITIVE_Fern_John_web_decision_redacted.pdf- ./OFFICIAL_SENSITIVE_Fern_John_web_decision_redacted.pdf-I have also placed considerable weight on the finding of the panel that “The panel is ./OFFICIAL_SENSITIVE_Fern_John_web_decision_redacted.pdf-mindful that this was conduct that happened a number of years ago, and in some ./OFFICIAL_SENSITIVE_Fern_John_web_decision_redacted.pdf-circumstances, holding teachers to the standards that are in place today, could lead to an ./OFFICIAL_SENSITIVE_Fern_John_web_decision_redacted.pdf-injustice. That is not the position in Mr Fern's case. Mr Fern's conduct fell significantly ./OFFICIAL_SENSITIVE_Fern_John_web_decision_redacted.pdf-short of the expected standards of a teacher, even considering the passage of time.” ./OFFICIAL_SENSITIVE_Fern_John_web_decision_redacted.pdf- -- ./OFFICIAL_SENSITIVE_Fern_John_web_decision_redacted.pdf-For these reasons, I have concluded that a prohibition order is proportionate and in the ./OFFICIAL_SENSITIVE_Fern_John_web_decision_redacted.pdf-public interest in order to achieve the intended aims of a prohibition order. ./OFFICIAL_SENSITIVE_Fern_John_web_decision_redacted.pdf- ./OFFICIAL_SENSITIVE_Fern_John_web_decision_redacted.pdf-I have gone on to consider the matter of a review period. In this case, the panel has ./OFFICIAL_SENSITIVE_Fern_John_web_decision_redacted.pdf-recommended that no provision should be made for a review period. ./OFFICIAL_SENSITIVE_Fern_John_web_decision_redacted.pdf- ./OFFICIAL_SENSITIVE_Fern_John_web_decision_redacted.pdf-I have considered the panel’s comments “The Advice indicates that there are behaviours ./OFFICIAL_SENSITIVE_Fern_John_web_decision_redacted.pdf-that, if proved, would militate against the recommendation of a review period. These ./OFFICIAL_SENSITIVE_Fern_John_web_decision_redacted.pdf-behaviours include: ./OFFICIAL_SENSITIVE_Fern_John_web_decision_redacted.pdf- ./OFFICIAL_SENSITIVE_Fern_John_web_decision_redacted.pdf:  serious sexual misconduct, such as where the act was sexually motivated and ./OFFICIAL_SENSITIVE_Fern_John_web_decision_redacted.pdf- resulted in, or had the potential to result in, harm to a person or persons, ./OFFICIAL_SENSITIVE_Fern_John_web_decision_redacted.pdf- particularly where the individual has used his professional position to influence or ./OFFICIAL_SENSITIVE_Fern_John_web_decision_redacted.pdf- exploit a person: ./OFFICIAL_SENSITIVE_Fern_John_web_decision_redacted.pdf- ./OFFICIAL_SENSITIVE_Fern_John_web_decision_redacted.pdf:  any sexual misconduct involving a child. ./OFFICIAL_SENSITIVE_Fern_John_web_decision_redacted.pdf- ./OFFICIAL_SENSITIVE_Fern_John_web_decision_redacted.pdf- ./OFFICIAL_SENSITIVE_Fern_John_web_decision_redacted.pdf- 24 ./OFFICIAL_SENSITIVE_Fern_John_web_decision_redacted.pdf- -- ./OFFICIAL_SENSITIVE_Fern_John_web_decision_redacted.pdf-The panel decided that the findings indicated a situation in which a review period would ./OFFICIAL_SENSITIVE_Fern_John_web_decision_redacted.pdf-not be appropriate and, as such, decided that it would be proportionate, in all the ./OFFICIAL_SENSITIVE_Fern_John_web_decision_redacted.pdf-circumstances, for the prohibition order to be recommended without provision for a ./OFFICIAL_SENSITIVE_Fern_John_web_decision_redacted.pdf-review period.” ./OFFICIAL_SENSITIVE_Fern_John_web_decision_redacted.pdf- ./OFFICIAL_SENSITIVE_Fern_John_web_decision_redacted.pdf-I have considered whether not allowing a review period reflects the seriousness of the ./OFFICIAL_SENSITIVE_Fern_John_web_decision_redacted.pdf-findings and is a proportionate period to achieve the aim of maintaining public confidence ./OFFICIAL_SENSITIVE_Fern_John_web_decision_redacted.pdf-in the profession. Various factors, including the seriousness of the findings, involving ./OFFICIAL_SENSITIVE_Fern_John_web_decision_redacted.pdf:sexual misconduct with pupils/children and the lack of evidence of remorse or insight ./OFFICIAL_SENSITIVE_Fern_John_web_decision_redacted.pdf-mean that that allowing for no review period is necessary to maintain public confidence ./OFFICIAL_SENSITIVE_Fern_John_web_decision_redacted.pdf-and is proportionate and in the public interest. ./OFFICIAL_SENSITIVE_Fern_John_web_decision_redacted.pdf- ./OFFICIAL_SENSITIVE_Fern_John_web_decision_redacted.pdf-This means that Mr John Fern is prohibited from teaching indefinitely and cannot ./OFFICIAL_SENSITIVE_Fern_John_web_decision_redacted.pdf-teach in any school, sixth form college, relevant youth accommodation or ./OFFICIAL_SENSITIVE_Fern_John_web_decision_redacted.pdf-children’s home in England. Furthermore, in view of the seriousness of the allegations ./OFFICIAL_SENSITIVE_Fern_John_web_decision_redacted.pdf-found proved against him, I have decided that Mr Fern shall not be entitled to apply for ./OFFICIAL_SENSITIVE_Fern_John_web_decision_redacted.pdf-restoration of his eligibility to teach. ./OFFICIAL_SENSITIVE_Fern_John_web_decision_redacted.pdf- ./OFFICIAL_SENSITIVE_Fern_John_web_decision_redacted.pdf-This order takes effect from the date on which it is served on the teacher. ./OFFICIAL_SENSITIVE_For_action_SOS_decision_Mr_Stephen_Elliott_19627_Redacted.pdf- ./OFFICIAL_SENSITIVE_For_action_SOS_decision_Mr_Stephen_Elliott_19627_Redacted.pdf- • Offence 1: Failing to surrender to custody at the appointed time on 17/08/20 ./OFFICIAL_SENSITIVE_For_action_SOS_decision_Mr_Stephen_Elliott_19627_Redacted.pdf- Bail Act 1976 s.6 (1). Disposal Imprisonment 14 days. Date/ Court: Durham ./OFFICIAL_SENSITIVE_For_action_SOS_decision_Mr_Stephen_Elliott_19627_Redacted.pdf- Crown Court. ./OFFICIAL_SENSITIVE_For_action_SOS_decision_Mr_Stephen_Elliott_19627_Redacted.pdf- • Offence 2: Sexual Act with a male 13/17 offender does not believe victim 18+ ./OFFICIAL_SENSITIVE_For_action_SOS_decision_Mr_Stephen_Elliott_19627_Redacted.pdf- Abuse of position of trust – institution on 01/11/11- 13/03/12. Sexual Offences ./OFFICIAL_SENSITIVE_For_action_SOS_decision_Mr_Stephen_Elliott_19627_Redacted.pdf- Act 2003 s.16(1)(a). Disposal Imprisonment 13 months concurrent. Date/Court: ./OFFICIAL_SENSITIVE_For_action_SOS_decision_Mr_Stephen_Elliott_19627_Redacted.pdf- 09/10/20 Durham Crown Court. ./OFFICIAL_SENSITIVE_For_action_SOS_decision_Mr_Stephen_Elliott_19627_Redacted.pdf- • Offence 3: Sexual Act with a male 13/17 offender does not believe victim 18+ ./OFFICIAL_SENSITIVE_For_action_SOS_decision_Mr_Stephen_Elliott_19627_Redacted.pdf- Abuse of position of trust – institution on 01/11/11- 13/03/12. Sexual Offences ./OFFICIAL_SENSITIVE_For_action_SOS_decision_Mr_Stephen_Elliott_19627_Redacted.pdf: Act 2003 s.16(1)(a). Disposal Imprisonment 13 months sex offenders notice 10 ./OFFICIAL_SENSITIVE_For_action_SOS_decision_Mr_Stephen_Elliott_19627_Redacted.pdf: years sexual harm prevention order 10 years. Date/Court: 09/10/20 Durham ./OFFICIAL_SENSITIVE_For_action_SOS_decision_Mr_Stephen_Elliott_19627_Redacted.pdf- Crown Court. ./OFFICIAL_SENSITIVE_For_action_SOS_decision_Mr_Stephen_Elliott_19627_Redacted.pdf-The teacher admits the offences and that they amount to convictions of relevant ./OFFICIAL_SENSITIVE_For_action_SOS_decision_Mr_Stephen_Elliott_19627_Redacted.pdf-offences. ./OFFICIAL_SENSITIVE_For_action_SOS_decision_Mr_Stephen_Elliott_19627_Redacted.pdf- ./OFFICIAL_SENSITIVE_For_action_SOS_decision_Mr_Stephen_Elliott_19627_Redacted.pdf- ./OFFICIAL_SENSITIVE_For_action_SOS_decision_Mr_Stephen_Elliott_19627_Redacted.pdf-Preliminary applications ./OFFICIAL_SENSITIVE_For_action_SOS_decision_Mr_Stephen_Elliott_19627_Redacted.pdf-There were no preliminary applications. ./OFFICIAL_SENSITIVE_For_action_SOS_decision_Mr_Stephen_Elliott_19627_Redacted.pdf- ./OFFICIAL_SENSITIVE_For_action_SOS_decision_Mr_Stephen_Elliott_19627_Redacted.pdf- ./OFFICIAL_SENSITIVE_For_action_SOS_decision_Mr_Stephen_Elliott_19627_Redacted.pdf-Summary of evidence -- ./OFFICIAL_SENSITIVE_For_action_SOS_decision_Mr_Stephen_Elliott_19627_Redacted.pdf-year old male. The matter was investigated by the police and Mr Elliott subsequently ./OFFICIAL_SENSITIVE_For_action_SOS_decision_Mr_Stephen_Elliott_19627_Redacted.pdf-prosecuted. ./OFFICIAL_SENSITIVE_For_action_SOS_decision_Mr_Stephen_Elliott_19627_Redacted.pdf- ./OFFICIAL_SENSITIVE_For_action_SOS_decision_Mr_Stephen_Elliott_19627_Redacted.pdf-Mr Elliott initially denied the allegations but did admit to hugging and kissing with a male ./OFFICIAL_SENSITIVE_For_action_SOS_decision_Mr_Stephen_Elliott_19627_Redacted.pdf-aged 17 and claimed that this was consensual. Mr Elliott admitted the male attended his ./OFFICIAL_SENSITIVE_For_action_SOS_decision_Mr_Stephen_Elliott_19627_Redacted.pdf-house and took part in drinking games, including naked card games with Mr Elliott, ./OFFICIAL_SENSITIVE_For_action_SOS_decision_Mr_Stephen_Elliott_19627_Redacted.pdf-staying over at Mr Elliott’s house, and sharing a bed. ./OFFICIAL_SENSITIVE_For_action_SOS_decision_Mr_Stephen_Elliott_19627_Redacted.pdf- ./OFFICIAL_SENSITIVE_For_action_SOS_decision_Mr_Stephen_Elliott_19627_Redacted.pdf-Mr Elliott was convicted and sentenced, in relation to one bail act offence, in August 2020 ./OFFICIAL_SENSITIVE_For_action_SOS_decision_Mr_Stephen_Elliott_19627_Redacted.pdf-to 14 days imprisonment following a failure to attend Crown Court. Mr Elliott was ./OFFICIAL_SENSITIVE_For_action_SOS_decision_Mr_Stephen_Elliott_19627_Redacted.pdf:convicted and sentenced for 2 counts of abuse of position of trust and for sexual acts ./OFFICIAL_SENSITIVE_For_action_SOS_decision_Mr_Stephen_Elliott_19627_Redacted.pdf-with a child between 13 and 17 years old. Mr Elliott was sentenced in relation to the ./OFFICIAL_SENSITIVE_For_action_SOS_decision_Mr_Stephen_Elliott_19627_Redacted.pdf-position of trust offences at Durham Crown Court on 7 October 2020 to two 13 months ./OFFICIAL_SENSITIVE_For_action_SOS_decision_Mr_Stephen_Elliott_19627_Redacted.pdf-sentences of imprisonment to run concurrently. ./OFFICIAL_SENSITIVE_For_action_SOS_decision_Mr_Stephen_Elliott_19627_Redacted.pdf- ./OFFICIAL_SENSITIVE_For_action_SOS_decision_Mr_Stephen_Elliott_19627_Redacted.pdf:Additionally, the Court imposed a sexual harm order and entry onto the sexual offenders ./OFFICIAL_SENSITIVE_For_action_SOS_decision_Mr_Stephen_Elliott_19627_Redacted.pdf-register both for a period of 10 years. ./OFFICIAL_SENSITIVE_For_action_SOS_decision_Mr_Stephen_Elliott_19627_Redacted.pdf- ./OFFICIAL_SENSITIVE_For_action_SOS_decision_Mr_Stephen_Elliott_19627_Redacted.pdf- ./OFFICIAL_SENSITIVE_For_action_SOS_decision_Mr_Stephen_Elliott_19627_Redacted.pdf- ./OFFICIAL_SENSITIVE_For_action_SOS_decision_Mr_Stephen_Elliott_19627_Redacted.pdf- ./OFFICIAL_SENSITIVE_For_action_SOS_decision_Mr_Stephen_Elliott_19627_Redacted.pdf- 5 ./OFFICIAL_SENSITIVE_For_action_SOS_decision_Mr_Stephen_Elliott_19627_Redacted.pdf- -- ./OFFICIAL_SENSITIVE_For_action_SOS_decision_Mr_Stephen_Elliott_19627_Redacted.pdf- Bail Act 1976 s.6 (1). Disposal Imprisonment 14 days. Date/ Court: Durham ./OFFICIAL_SENSITIVE_For_action_SOS_decision_Mr_Stephen_Elliott_19627_Redacted.pdf- Crown Court. ./OFFICIAL_SENSITIVE_For_action_SOS_decision_Mr_Stephen_Elliott_19627_Redacted.pdf- ./OFFICIAL_SENSITIVE_For_action_SOS_decision_Mr_Stephen_Elliott_19627_Redacted.pdf- Offence 2: Sexual Act with a male 13/17 offender does not believe victim 18+ ./OFFICIAL_SENSITIVE_For_action_SOS_decision_Mr_Stephen_Elliott_19627_Redacted.pdf- Abuse of position of trust – institution on 01/11/11- 13/03/12. Sexual ./OFFICIAL_SENSITIVE_For_action_SOS_decision_Mr_Stephen_Elliott_19627_Redacted.pdf- Offences Act 2003 s.16(1)(a). Disposal Imprisonment 13 months concurrent. ./OFFICIAL_SENSITIVE_For_action_SOS_decision_Mr_Stephen_Elliott_19627_Redacted.pdf- Date/Court: 09/10/20 Durham Crown Court. ./OFFICIAL_SENSITIVE_For_action_SOS_decision_Mr_Stephen_Elliott_19627_Redacted.pdf- ./OFFICIAL_SENSITIVE_For_action_SOS_decision_Mr_Stephen_Elliott_19627_Redacted.pdf- Offence 3: Sexual Act with a male 13/17 offender does not believe victim 18+ ./OFFICIAL_SENSITIVE_For_action_SOS_decision_Mr_Stephen_Elliott_19627_Redacted.pdf- Abuse of position of trust – institution on 01/11/11- 13/03/12. Sexual ./OFFICIAL_SENSITIVE_For_action_SOS_decision_Mr_Stephen_Elliott_19627_Redacted.pdf: Offences Act 2003 s.16(1)(a). Disposal Imprisonment 13 months sex ./OFFICIAL_SENSITIVE_For_action_SOS_decision_Mr_Stephen_Elliott_19627_Redacted.pdf: offenders notice 10 years sexual harm prevention order 10 years. ./OFFICIAL_SENSITIVE_For_action_SOS_decision_Mr_Stephen_Elliott_19627_Redacted.pdf- Date/Court: 09/10/20 Durham Crown Court. ./OFFICIAL_SENSITIVE_For_action_SOS_decision_Mr_Stephen_Elliott_19627_Redacted.pdf- ./OFFICIAL_SENSITIVE_For_action_SOS_decision_Mr_Stephen_Elliott_19627_Redacted.pdf-The panel noted Mr Elliott’s guilty plea and the convictions he received from Durham ./OFFICIAL_SENSITIVE_For_action_SOS_decision_Mr_Stephen_Elliott_19627_Redacted.pdf-Crown Court. ./OFFICIAL_SENSITIVE_For_action_SOS_decision_Mr_Stephen_Elliott_19627_Redacted.pdf- ./OFFICIAL_SENSITIVE_For_action_SOS_decision_Mr_Stephen_Elliott_19627_Redacted.pdf-The panel considered the certified copy of the memorandum of entry entered into the ./OFFICIAL_SENSITIVE_For_action_SOS_decision_Mr_Stephen_Elliott_19627_Redacted.pdf-register of the Durham Crown Court which identified the3 convictions. This was further ./OFFICIAL_SENSITIVE_For_action_SOS_decision_Mr_Stephen_Elliott_19627_Redacted.pdf-supported by the printout from the PNC database, which set out the 3 convictions. The ./OFFICIAL_SENSITIVE_For_action_SOS_decision_Mr_Stephen_Elliott_19627_Redacted.pdf-panel also reviewed the sentencing remarks of His Honour [redacted] dated 9 October ./OFFICIAL_SENSITIVE_For_action_SOS_decision_Mr_Stephen_Elliott_19627_Redacted.pdf-2020 and the sentence imposed by Durham Crown Court which was towards the -- ./OFFICIAL_SENSITIVE_For_action_SOS_decision_Mr_Stephen_Elliott_19627_Redacted.pdf- statutory provisions ./OFFICIAL_SENSITIVE_For_action_SOS_decision_Mr_Stephen_Elliott_19627_Redacted.pdf- ./OFFICIAL_SENSITIVE_For_action_SOS_decision_Mr_Stephen_Elliott_19627_Redacted.pdf- • Teachers must have proper and professional regard for the ethos, policies and ./OFFICIAL_SENSITIVE_For_action_SOS_decision_Mr_Stephen_Elliott_19627_Redacted.pdf- practices of the school in which they teach… ./OFFICIAL_SENSITIVE_For_action_SOS_decision_Mr_Stephen_Elliott_19627_Redacted.pdf- ./OFFICIAL_SENSITIVE_For_action_SOS_decision_Mr_Stephen_Elliott_19627_Redacted.pdf- • Teachers must have an understanding of, and always act within, the statutory ./OFFICIAL_SENSITIVE_For_action_SOS_decision_Mr_Stephen_Elliott_19627_Redacted.pdf- frameworks which set out their professional duties and responsibilities. ./OFFICIAL_SENSITIVE_For_action_SOS_decision_Mr_Stephen_Elliott_19627_Redacted.pdf- ./OFFICIAL_SENSITIVE_For_action_SOS_decision_Mr_Stephen_Elliott_19627_Redacted.pdf-The panel noted that Mr Elliott’s actions were relevant to teaching, working with children, ./OFFICIAL_SENSITIVE_For_action_SOS_decision_Mr_Stephen_Elliott_19627_Redacted.pdf-and working in an education setting. The offences involved a pupil under Mr Elliott’s care ./OFFICIAL_SENSITIVE_For_action_SOS_decision_Mr_Stephen_Elliott_19627_Redacted.pdf:and involved conduct of a sexual nature over a significant period of time. The panel ./OFFICIAL_SENSITIVE_For_action_SOS_decision_Mr_Stephen_Elliott_19627_Redacted.pdf-determined that Mr Elliott was aware of the age of the pupil as he had known him since ./OFFICIAL_SENSITIVE_For_action_SOS_decision_Mr_Stephen_Elliott_19627_Redacted.pdf-he was 8 years old and a pupil at his school. ./OFFICIAL_SENSITIVE_For_action_SOS_decision_Mr_Stephen_Elliott_19627_Redacted.pdf- ./OFFICIAL_SENSITIVE_For_action_SOS_decision_Mr_Stephen_Elliott_19627_Redacted.pdf-The panel noted that the behaviour involved in committing the offence would have a ./OFFICIAL_SENSITIVE_For_action_SOS_decision_Mr_Stephen_Elliott_19627_Redacted.pdf-significant impact on the safety of pupils. As an experienced teacher the panel noted thatit ./OFFICIAL_SENSITIVE_For_action_SOS_decision_Mr_Stephen_Elliott_19627_Redacted.pdf-would be a reasonable expectation for Mr Elliott to have been aware of his statutory ./OFFICIAL_SENSITIVE_For_action_SOS_decision_Mr_Stephen_Elliott_19627_Redacted.pdf-safeguarding requirements. ./OFFICIAL_SENSITIVE_For_action_SOS_decision_Mr_Stephen_Elliott_19627_Redacted.pdf- ./OFFICIAL_SENSITIVE_For_action_SOS_decision_Mr_Stephen_Elliott_19627_Redacted.pdf-The panel also took account of the way the teaching profession is viewed by others. The ./OFFICIAL_SENSITIVE_For_action_SOS_decision_Mr_Stephen_Elliott_19627_Redacted.pdf-panel considered that Mr Elliott’s behaviour in committing the offences would affect public ./OFFICIAL_SENSITIVE_For_action_SOS_decision_Mr_Stephen_Elliott_19627_Redacted.pdf-confidence in the teaching profession, given the influence that teachers may have on ./OFFICIAL_SENSITIVE_For_action_SOS_decision_Mr_Stephen_Elliott_19627_Redacted.pdf-pupils, parents and others in the community. ./OFFICIAL_SENSITIVE_For_action_SOS_decision_Mr_Stephen_Elliott_19627_Redacted.pdf- ./OFFICIAL_SENSITIVE_For_action_SOS_decision_Mr_Stephen_Elliott_19627_Redacted.pdf-The panel noted that Mr Elliott’s behaviour ultimately led to a sentence of imprisonment, ./OFFICIAL_SENSITIVE_For_action_SOS_decision_Mr_Stephen_Elliott_19627_Redacted.pdf-which was indicative of the seriousness of the offences committed. The panel noted that ./OFFICIAL_SENSITIVE_For_action_SOS_decision_Mr_Stephen_Elliott_19627_Redacted.pdf-Mr Elliott had admitted in the statement of agreed facts that 2 of the offences involved ./OFFICIAL_SENSITIVE_For_action_SOS_decision_Mr_Stephen_Elliott_19627_Redacted.pdf:sexual acts, which were contrary to the standards of personal and professional conduct ./OFFICIAL_SENSITIVE_For_action_SOS_decision_Mr_Stephen_Elliott_19627_Redacted.pdf-expected of a teacher and would undoubtedly affect public confidence in the teaching ./OFFICIAL_SENSITIVE_For_action_SOS_decision_Mr_Stephen_Elliott_19627_Redacted.pdf-profession if the teacher was allowed to continue teaching. ./OFFICIAL_SENSITIVE_For_action_SOS_decision_Mr_Stephen_Elliott_19627_Redacted.pdf- ./OFFICIAL_SENSITIVE_For_action_SOS_decision_Mr_Stephen_Elliott_19627_Redacted.pdf- ./OFFICIAL_SENSITIVE_For_action_SOS_decision_Mr_Stephen_Elliott_19627_Redacted.pdf- ./OFFICIAL_SENSITIVE_For_action_SOS_decision_Mr_Stephen_Elliott_19627_Redacted.pdf- ./OFFICIAL_SENSITIVE_For_action_SOS_decision_Mr_Stephen_Elliott_19627_Redacted.pdf- 7 ./OFFICIAL_SENSITIVE_For_action_SOS_decision_Mr_Stephen_Elliott_19627_Redacted.pdf- -- ./OFFICIAL_SENSITIVE_For_action_SOS_decision_Mr_Stephen_Elliott_19627_Redacted.pdf-The panel determined that this was undoubtedly a case where Mr Elliott’s actions ./OFFICIAL_SENSITIVE_For_action_SOS_decision_Mr_Stephen_Elliott_19627_Redacted.pdf-constituted unacceptable professional conduct and conduct that may bring the profession ./OFFICIAL_SENSITIVE_For_action_SOS_decision_Mr_Stephen_Elliott_19627_Redacted.pdf-into disrepute. Further, the panel deemed that such conduct was at the more serious end ./OFFICIAL_SENSITIVE_For_action_SOS_decision_Mr_Stephen_Elliott_19627_Redacted.pdf-of the spectrum. The panel concluded that a finding of these convictions was for relevant ./OFFICIAL_SENSITIVE_For_action_SOS_decision_Mr_Stephen_Elliott_19627_Redacted.pdf-offences, and it was necessary therefore to reaffirm clear standards of conduct so as to ./OFFICIAL_SENSITIVE_For_action_SOS_decision_Mr_Stephen_Elliott_19627_Redacted.pdf-maintain public confidence in the teaching profession. ./OFFICIAL_SENSITIVE_For_action_SOS_decision_Mr_Stephen_Elliott_19627_Redacted.pdf- ./OFFICIAL_SENSITIVE_For_action_SOS_decision_Mr_Stephen_Elliott_19627_Redacted.pdf:This was a case involving an offence of sexual activity which the Advice states is likely to ./OFFICIAL_SENSITIVE_For_action_SOS_decision_Mr_Stephen_Elliott_19627_Redacted.pdf-be considered a relevant offence. The panel also considered His Honour [redacted] ./OFFICIAL_SENSITIVE_For_action_SOS_decision_Mr_Stephen_Elliott_19627_Redacted.pdf-sentencing remarks and noted alcohol was also involved and that the Court determined ./OFFICIAL_SENSITIVE_For_action_SOS_decision_Mr_Stephen_Elliott_19627_Redacted.pdf-that Mr Elliott “would ply him with drink… would be suggestive and would have to help ./OFFICIAL_SENSITIVE_For_action_SOS_decision_Mr_Stephen_Elliott_19627_Redacted.pdf-him up the stairs and put him to bed. All a very cunning plan so that later on you could ./OFFICIAL_SENSITIVE_For_action_SOS_decision_Mr_Stephen_Elliott_19627_Redacted.pdf:sexually abuse him.” ./OFFICIAL_SENSITIVE_For_action_SOS_decision_Mr_Stephen_Elliott_19627_Redacted.pdf- ./OFFICIAL_SENSITIVE_For_action_SOS_decision_Mr_Stephen_Elliott_19627_Redacted.pdf-The panel considered that these convictions were for offences that are relevant to Mr ./OFFICIAL_SENSITIVE_For_action_SOS_decision_Mr_Stephen_Elliott_19627_Redacted.pdf-Elliott’s ongoing suitability to teach. Additionally, Mr Elliott was made subject to a Sexual ./OFFICIAL_SENSITIVE_For_action_SOS_decision_Mr_Stephen_Elliott_19627_Redacted.pdf:Harm Prevention Order and was registered on the sex offenders register both for a ./OFFICIAL_SENSITIVE_For_action_SOS_decision_Mr_Stephen_Elliott_19627_Redacted.pdf-period of 10 years. These orders will be subject to review in October 2030. ./OFFICIAL_SENSITIVE_For_action_SOS_decision_Mr_Stephen_Elliott_19627_Redacted.pdf- ./OFFICIAL_SENSITIVE_For_action_SOS_decision_Mr_Stephen_Elliott_19627_Redacted.pdf- ./OFFICIAL_SENSITIVE_For_action_SOS_decision_Mr_Stephen_Elliott_19627_Redacted.pdf-Panel’s recommendation to the Secretary of State ./OFFICIAL_SENSITIVE_For_action_SOS_decision_Mr_Stephen_Elliott_19627_Redacted.pdf-Given the panel’s findings in respect of conviction of relevant offences, it was necessary ./OFFICIAL_SENSITIVE_For_action_SOS_decision_Mr_Stephen_Elliott_19627_Redacted.pdf-for the panel to go on to consider whether it would be appropriate to recommend the ./OFFICIAL_SENSITIVE_For_action_SOS_decision_Mr_Stephen_Elliott_19627_Redacted.pdf-imposition of a prohibition order by the Secretary of State. ./OFFICIAL_SENSITIVE_For_action_SOS_decision_Mr_Stephen_Elliott_19627_Redacted.pdf- ./OFFICIAL_SENSITIVE_For_action_SOS_decision_Mr_Stephen_Elliott_19627_Redacted.pdf-In considering whether to recommend to the Secretary of State that a prohibition order ./OFFICIAL_SENSITIVE_For_action_SOS_decision_Mr_Stephen_Elliott_19627_Redacted.pdf-should be made, the panel had to consider whether it would be an appropriate and ./OFFICIAL_SENSITIVE_For_action_SOS_decision_Mr_Stephen_Elliott_19627_Redacted.pdf-proportionate measure, and whether it would be in the public interest to do so. Prohibition ./OFFICIAL_SENSITIVE_For_action_SOS_decision_Mr_Stephen_Elliott_19627_Redacted.pdf-orders should not be given in order to be punitive, or to show that blame has been ./OFFICIAL_SENSITIVE_For_action_SOS_decision_Mr_Stephen_Elliott_19627_Redacted.pdf-apportioned, although they are likely to have punitive effect. ./OFFICIAL_SENSITIVE_For_action_SOS_decision_Mr_Stephen_Elliott_19627_Redacted.pdf- ./OFFICIAL_SENSITIVE_For_action_SOS_decision_Mr_Stephen_Elliott_19627_Redacted.pdf-The panel had regard to the particular public interest considerations set out in the Advice ./OFFICIAL_SENSITIVE_For_action_SOS_decision_Mr_Stephen_Elliott_19627_Redacted.pdf-and having done so, found a number of them to be relevant in this case, namely the ./OFFICIAL_SENSITIVE_For_action_SOS_decision_Mr_Stephen_Elliott_19627_Redacted.pdf-protection of pupils, the maintenance of public confidence in the profession and declaring ./OFFICIAL_SENSITIVE_For_action_SOS_decision_Mr_Stephen_Elliott_19627_Redacted.pdf-and upholding proper standards of conduct. ./OFFICIAL_SENSITIVE_For_action_SOS_decision_Mr_Stephen_Elliott_19627_Redacted.pdf- ./OFFICIAL_SENSITIVE_For_action_SOS_decision_Mr_Stephen_Elliott_19627_Redacted.pdf-In the light of the panel’s findings against Mr Elliott, which involved conviction of 2 ./OFFICIAL_SENSITIVE_For_action_SOS_decision_Mr_Stephen_Elliott_19627_Redacted.pdf:offences of sexual activity with a boy aged 17 years old whilst in a position of trust, there ./OFFICIAL_SENSITIVE_For_action_SOS_decision_Mr_Stephen_Elliott_19627_Redacted.pdf-was a strong public interest consideration in respect of the protection of pupils given the ./OFFICIAL_SENSITIVE_For_action_SOS_decision_Mr_Stephen_Elliott_19627_Redacted.pdf-serious findings of inappropriate relationships with children. The panel considered His ./OFFICIAL_SENSITIVE_For_action_SOS_decision_Mr_Stephen_Elliott_19627_Redacted.pdf-Honour [redacted] sentencing remarks where he found that “as part of the drama at your ./OFFICIAL_SENSITIVE_For_action_SOS_decision_Mr_Stephen_Elliott_19627_Redacted.pdf-school, you invited not only the victim but other participants of that group back to your ./OFFICIAL_SENSITIVE_For_action_SOS_decision_Mr_Stephen_Elliott_19627_Redacted.pdf-home address, that was to play cards. That involved drinking that involved games of a ./OFFICIAL_SENSITIVE_For_action_SOS_decision_Mr_Stephen_Elliott_19627_Redacted.pdf- ./OFFICIAL_SENSITIVE_For_action_SOS_decision_Mr_Stephen_Elliott_19627_Redacted.pdf- ./OFFICIAL_SENSITIVE_For_action_SOS_decision_Mr_Stephen_Elliott_19627_Redacted.pdf- ./OFFICIAL_SENSITIVE_For_action_SOS_decision_Mr_Stephen_Elliott_19627_Redacted.pdf- 8 ./OFFICIAL_SENSITIVE_For_action_SOS_decision_Mr_Stephen_Elliott_19627_Redacted.pdf- -- ./OFFICIAL_SENSITIVE_For_action_SOS_decision_Mr_Stephen_Elliott_19627_Redacted.pdf:sexual nature: asking people to get naked as a forfeit. All while you were in a position of ./OFFICIAL_SENSITIVE_For_action_SOS_decision_Mr_Stephen_Elliott_19627_Redacted.pdf-trust.” ./OFFICIAL_SENSITIVE_For_action_SOS_decision_Mr_Stephen_Elliott_19627_Redacted.pdf- ./OFFICIAL_SENSITIVE_For_action_SOS_decision_Mr_Stephen_Elliott_19627_Redacted.pdf-Similarly, the panel considered that public confidence in the profession would be ./OFFICIAL_SENSITIVE_For_action_SOS_decision_Mr_Stephen_Elliott_19627_Redacted.pdf-seriously weakened if conduct such as that found against Mr Elliott was not treated with ./OFFICIAL_SENSITIVE_For_action_SOS_decision_Mr_Stephen_Elliott_19627_Redacted.pdf-the utmost seriousness when regulating the conduct of the profession. ./OFFICIAL_SENSITIVE_For_action_SOS_decision_Mr_Stephen_Elliott_19627_Redacted.pdf- ./OFFICIAL_SENSITIVE_For_action_SOS_decision_Mr_Stephen_Elliott_19627_Redacted.pdf-The panel decided that there was strong public interest consideration in this case. The ./OFFICIAL_SENSITIVE_For_action_SOS_decision_Mr_Stephen_Elliott_19627_Redacted.pdf-panel noted the serious nature of the offences committed by Mr Elliott. In His Honour ./OFFICIAL_SENSITIVE_For_action_SOS_decision_Mr_Stephen_Elliott_19627_Redacted.pdf-[redacted] remarks, he stated that “culpability was high: there was a significant degree of ./OFFICIAL_SENSITIVE_For_action_SOS_decision_Mr_Stephen_Elliott_19627_Redacted.pdf-planning; you knew the victim from being the age of 8, you befriended him, he trusted -- ./OFFICIAL_SENSITIVE_For_action_SOS_decision_Mr_Stephen_Elliott_19627_Redacted.pdf- ./OFFICIAL_SENSITIVE_For_action_SOS_decision_Mr_Stephen_Elliott_19627_Redacted.pdf- • misconduct seriously affecting the education and/or well-being of pupils, and ./OFFICIAL_SENSITIVE_For_action_SOS_decision_Mr_Stephen_Elliott_19627_Redacted.pdf- particularly where there is a continuing risk; ./OFFICIAL_SENSITIVE_For_action_SOS_decision_Mr_Stephen_Elliott_19627_Redacted.pdf- ./OFFICIAL_SENSITIVE_For_action_SOS_decision_Mr_Stephen_Elliott_19627_Redacted.pdf- • abuse of position or trust (particularly involving vulnerable pupils) or violation of ./OFFICIAL_SENSITIVE_For_action_SOS_decision_Mr_Stephen_Elliott_19627_Redacted.pdf- the rights of pupils; ./OFFICIAL_SENSITIVE_For_action_SOS_decision_Mr_Stephen_Elliott_19627_Redacted.pdf- ./OFFICIAL_SENSITIVE_For_action_SOS_decision_Mr_Stephen_Elliott_19627_Redacted.pdf- • dishonesty especially where there have been serious consequences, and/or it ./OFFICIAL_SENSITIVE_For_action_SOS_decision_Mr_Stephen_Elliott_19627_Redacted.pdf- has been repeated and/or covered up; ./OFFICIAL_SENSITIVE_For_action_SOS_decision_Mr_Stephen_Elliott_19627_Redacted.pdf- ./OFFICIAL_SENSITIVE_For_action_SOS_decision_Mr_Stephen_Elliott_19627_Redacted.pdf: • sexual misconduct, for example, involving actions that were sexually motivated ./OFFICIAL_SENSITIVE_For_action_SOS_decision_Mr_Stephen_Elliott_19627_Redacted.pdf: or of a sexual nature and/or that use or exploit the trust, knowledge or influence ./OFFICIAL_SENSITIVE_For_action_SOS_decision_Mr_Stephen_Elliott_19627_Redacted.pdf- derived from the individual’s professional position. ./OFFICIAL_SENSITIVE_For_action_SOS_decision_Mr_Stephen_Elliott_19627_Redacted.pdf- ./OFFICIAL_SENSITIVE_For_action_SOS_decision_Mr_Stephen_Elliott_19627_Redacted.pdf-Even though some of the behaviours found proved in this case indicated that a ./OFFICIAL_SENSITIVE_For_action_SOS_decision_Mr_Stephen_Elliott_19627_Redacted.pdf-prohibition order would be appropriate, the panel went on to consider the mitigating ./OFFICIAL_SENSITIVE_For_action_SOS_decision_Mr_Stephen_Elliott_19627_Redacted.pdf-factors. Mitigating factors may indicate that a prohibition order would not be appropriate ./OFFICIAL_SENSITIVE_For_action_SOS_decision_Mr_Stephen_Elliott_19627_Redacted.pdf-or proportionate. ./OFFICIAL_SENSITIVE_For_action_SOS_decision_Mr_Stephen_Elliott_19627_Redacted.pdf- ./OFFICIAL_SENSITIVE_For_action_SOS_decision_Mr_Stephen_Elliott_19627_Redacted.pdf- ./OFFICIAL_SENSITIVE_For_action_SOS_decision_Mr_Stephen_Elliott_19627_Redacted.pdf- ./OFFICIAL_SENSITIVE_For_action_SOS_decision_Mr_Stephen_Elliott_19627_Redacted.pdf- -- ./OFFICIAL_SENSITIVE_For_action_SOS_decision_Mr_Stephen_Elliott_19627_Redacted.pdf-prohibition order should be imposed with immediate effect. ./OFFICIAL_SENSITIVE_For_action_SOS_decision_Mr_Stephen_Elliott_19627_Redacted.pdf- ./OFFICIAL_SENSITIVE_For_action_SOS_decision_Mr_Stephen_Elliott_19627_Redacted.pdf-The panel went on to consider whether or not it would be appropriate to recommend that a ./OFFICIAL_SENSITIVE_For_action_SOS_decision_Mr_Stephen_Elliott_19627_Redacted.pdf-review period of the order should be considered. The panel was mindful that the Advice ./OFFICIAL_SENSITIVE_For_action_SOS_decision_Mr_Stephen_Elliott_19627_Redacted.pdf-states that a prohibition order applies for life, but there may be circumstances, in any ./OFFICIAL_SENSITIVE_For_action_SOS_decision_Mr_Stephen_Elliott_19627_Redacted.pdf-given case, that may make it appropriate to allow a teacher to apply to have the ./OFFICIAL_SENSITIVE_For_action_SOS_decision_Mr_Stephen_Elliott_19627_Redacted.pdf-prohibition order reviewed after a specified period of time that may not be less than 2 ./OFFICIAL_SENSITIVE_For_action_SOS_decision_Mr_Stephen_Elliott_19627_Redacted.pdf-years. ./OFFICIAL_SENSITIVE_For_action_SOS_decision_Mr_Stephen_Elliott_19627_Redacted.pdf- ./OFFICIAL_SENSITIVE_For_action_SOS_decision_Mr_Stephen_Elliott_19627_Redacted.pdf-The Advice indicates that there are behaviours that, if proved, would militate against the ./OFFICIAL_SENSITIVE_For_action_SOS_decision_Mr_Stephen_Elliott_19627_Redacted.pdf:recommendation of a review period. One of these behaviours includes serious sexual ./OFFICIAL_SENSITIVE_For_action_SOS_decision_Mr_Stephen_Elliott_19627_Redacted.pdf:misconduct, such as where the act was sexually motivated and resulted in or had the ./OFFICIAL_SENSITIVE_For_action_SOS_decision_Mr_Stephen_Elliott_19627_Redacted.pdf- ./OFFICIAL_SENSITIVE_For_action_SOS_decision_Mr_Stephen_Elliott_19627_Redacted.pdf- ./OFFICIAL_SENSITIVE_For_action_SOS_decision_Mr_Stephen_Elliott_19627_Redacted.pdf- ./OFFICIAL_SENSITIVE_For_action_SOS_decision_Mr_Stephen_Elliott_19627_Redacted.pdf- 10 ./OFFICIAL_SENSITIVE_For_action_SOS_decision_Mr_Stephen_Elliott_19627_Redacted.pdf- -- ./OFFICIAL_SENSITIVE_For_action_SOS_decision_Mr_Stephen_Elliott_19627_Redacted.pdf-potential to result in, harm to a person or persons, particularly where the individual has ./OFFICIAL_SENSITIVE_For_action_SOS_decision_Mr_Stephen_Elliott_19627_Redacted.pdf-used his professional position to influence or exploit a person or persons. The panel ./OFFICIAL_SENSITIVE_For_action_SOS_decision_Mr_Stephen_Elliott_19627_Redacted.pdf:noted that Mr Elliott’s behaviours were sexual and are behaviours which indicate that the ./OFFICIAL_SENSITIVE_For_action_SOS_decision_Mr_Stephen_Elliott_19627_Redacted.pdf-imposition of no review period would be appropriate. ./OFFICIAL_SENSITIVE_For_action_SOS_decision_Mr_Stephen_Elliott_19627_Redacted.pdf- ./OFFICIAL_SENSITIVE_For_action_SOS_decision_Mr_Stephen_Elliott_19627_Redacted.pdf-The panel did not receive any evidence that Mr Elliott had shown any remorse or insight ./OFFICIAL_SENSITIVE_For_action_SOS_decision_Mr_Stephen_Elliott_19627_Redacted.pdf-into his actions. Indeed, the panel noted that in His Honour [redacted] sentencing ./OFFICIAL_SENSITIVE_For_action_SOS_decision_Mr_Stephen_Elliott_19627_Redacted.pdf-remarks he “did not accept that there was any genuine or real remorse, or any real ./OFFICIAL_SENSITIVE_For_action_SOS_decision_Mr_Stephen_Elliott_19627_Redacted.pdf-appreciation of the seriousness of your offending.” In the absence of any evidence ./OFFICIAL_SENSITIVE_For_action_SOS_decision_Mr_Stephen_Elliott_19627_Redacted.pdf-provided by the teacher to the contrary the panel found that Mr Elliott did not show any ./OFFICIAL_SENSITIVE_For_action_SOS_decision_Mr_Stephen_Elliott_19627_Redacted.pdf-remorse. ./OFFICIAL_SENSITIVE_For_action_SOS_decision_Mr_Stephen_Elliott_19627_Redacted.pdf- ./OFFICIAL_SENSITIVE_For_action_SOS_decision_Mr_Stephen_Elliott_19627_Redacted.pdf-The panel decided that the findings indicated a situation in which a review period would -- ./OFFICIAL_SENSITIVE_For_action_SOS_decision_Mr_Stephen_Elliott_19627_Redacted.pdf- • Teachers must have an understanding of, and always act within, the statutory ./OFFICIAL_SENSITIVE_For_action_SOS_decision_Mr_Stephen_Elliott_19627_Redacted.pdf- frameworks which set out their professional duties and responsibilities. ./OFFICIAL_SENSITIVE_For_action_SOS_decision_Mr_Stephen_Elliott_19627_Redacted.pdf- ./OFFICIAL_SENSITIVE_For_action_SOS_decision_Mr_Stephen_Elliott_19627_Redacted.pdf-The panel finds that the conduct of Mr Elliott fell significantly short of the standards ./OFFICIAL_SENSITIVE_For_action_SOS_decision_Mr_Stephen_Elliott_19627_Redacted.pdf-expected of the profession. ./OFFICIAL_SENSITIVE_For_action_SOS_decision_Mr_Stephen_Elliott_19627_Redacted.pdf- ./OFFICIAL_SENSITIVE_For_action_SOS_decision_Mr_Stephen_Elliott_19627_Redacted.pdf-The findings of misconduct are particularly serious as they include a conviction of 2 ./OFFICIAL_SENSITIVE_For_action_SOS_decision_Mr_Stephen_Elliott_19627_Redacted.pdf:offences of sexual activity with a boy aged 17 years old whilst in a position of trust. ./OFFICIAL_SENSITIVE_For_action_SOS_decision_Mr_Stephen_Elliott_19627_Redacted.pdf- ./OFFICIAL_SENSITIVE_For_action_SOS_decision_Mr_Stephen_Elliott_19627_Redacted.pdf-I have to determine whether the imposition of a prohibition order is proportionate and in ./OFFICIAL_SENSITIVE_For_action_SOS_decision_Mr_Stephen_Elliott_19627_Redacted.pdf-the public interest. In considering that for this case, I have considered the overall aim of a ./OFFICIAL_SENSITIVE_For_action_SOS_decision_Mr_Stephen_Elliott_19627_Redacted.pdf-prohibition order which is to protect pupils and to maintain public confidence in the ./OFFICIAL_SENSITIVE_For_action_SOS_decision_Mr_Stephen_Elliott_19627_Redacted.pdf-profession. I have considered the extent to which a prohibition order in this case would ./OFFICIAL_SENSITIVE_For_action_SOS_decision_Mr_Stephen_Elliott_19627_Redacted.pdf-achieve that aim taking into account the impact that it will have on the individual teacher. I ./OFFICIAL_SENSITIVE_For_action_SOS_decision_Mr_Stephen_Elliott_19627_Redacted.pdf-have also asked myself, whether a less intrusive measure, such as the published finding ./OFFICIAL_SENSITIVE_For_action_SOS_decision_Mr_Stephen_Elliott_19627_Redacted.pdf-of unacceptable professional conduct and conduct that may bring the profession into ./OFFICIAL_SENSITIVE_For_action_SOS_decision_Mr_Stephen_Elliott_19627_Redacted.pdf-disrepute, would itself be sufficient to achieve the overall aim. I have to consider whether ./OFFICIAL_SENSITIVE_For_action_SOS_decision_Mr_Stephen_Elliott_19627_Redacted.pdf-the consequences of such a publication are themselves sufficient. I have considered -- ./OFFICIAL_SENSITIVE_For_action_SOS_decision_Mr_Stephen_Elliott_19627_Redacted.pdf-profession. ./OFFICIAL_SENSITIVE_For_action_SOS_decision_Mr_Stephen_Elliott_19627_Redacted.pdf- ./OFFICIAL_SENSITIVE_For_action_SOS_decision_Mr_Stephen_Elliott_19627_Redacted.pdf-For these reasons, I have concluded that a prohibition order is proportionate and in the ./OFFICIAL_SENSITIVE_For_action_SOS_decision_Mr_Stephen_Elliott_19627_Redacted.pdf-public interest in order to achieve the intended aims of a prohibition order. ./OFFICIAL_SENSITIVE_For_action_SOS_decision_Mr_Stephen_Elliott_19627_Redacted.pdf- ./OFFICIAL_SENSITIVE_For_action_SOS_decision_Mr_Stephen_Elliott_19627_Redacted.pdf-I have gone on to consider the matter of a review period. In this case, the panel has ./OFFICIAL_SENSITIVE_For_action_SOS_decision_Mr_Stephen_Elliott_19627_Redacted.pdf-recommended that no provision should be made for a review period. ./OFFICIAL_SENSITIVE_For_action_SOS_decision_Mr_Stephen_Elliott_19627_Redacted.pdf- ./OFFICIAL_SENSITIVE_For_action_SOS_decision_Mr_Stephen_Elliott_19627_Redacted.pdf-I have considered the panel’s comments “The Advice indicates that there are behaviours ./OFFICIAL_SENSITIVE_For_action_SOS_decision_Mr_Stephen_Elliott_19627_Redacted.pdf-that, if proved, would militate against the recommendation of a review period. One of ./OFFICIAL_SENSITIVE_For_action_SOS_decision_Mr_Stephen_Elliott_19627_Redacted.pdf:these behaviours includes serious sexual misconduct, such as where the act was ./OFFICIAL_SENSITIVE_For_action_SOS_decision_Mr_Stephen_Elliott_19627_Redacted.pdf:sexually motivated and resulted in or had the potential to result in, harm to a person or ./OFFICIAL_SENSITIVE_For_action_SOS_decision_Mr_Stephen_Elliott_19627_Redacted.pdf-persons, particularly where the individual has used his professional position to influence ./OFFICIAL_SENSITIVE_For_action_SOS_decision_Mr_Stephen_Elliott_19627_Redacted.pdf:or exploit a person or persons. The panel noted that Mr Elliott’s behaviours were sexual ./OFFICIAL_SENSITIVE_For_action_SOS_decision_Mr_Stephen_Elliott_19627_Redacted.pdf- ./OFFICIAL_SENSITIVE_For_action_SOS_decision_Mr_Stephen_Elliott_19627_Redacted.pdf- ./OFFICIAL_SENSITIVE_For_action_SOS_decision_Mr_Stephen_Elliott_19627_Redacted.pdf- 13 ./OFFICIAL_SENSITIVE_For_action_SOS_decision_Mr_Stephen_Elliott_19627_Redacted.pdf- ./Official_Sensitive_For_Info_SoS_Decision_for_Maddelena_Reina.pdf_Final.pdf-B. Allegations ./Official_Sensitive_For_Info_SoS_Decision_for_Maddelena_Reina.pdf_Final.pdf-The panel considered the allegations set out in the Notice of Meeting dated 21 March ./Official_Sensitive_For_Info_SoS_Decision_for_Maddelena_Reina.pdf_Final.pdf-2019. ./Official_Sensitive_For_Info_SoS_Decision_for_Maddelena_Reina.pdf_Final.pdf- ./Official_Sensitive_For_Info_SoS_Decision_for_Maddelena_Reina.pdf_Final.pdf-It was alleged that Ms Reina was guilty of unacceptable professional conduct and/or ./Official_Sensitive_For_Info_SoS_Decision_for_Maddelena_Reina.pdf_Final.pdf-conduct that may bring the profession into disrepute in that, whilst employed as a ./Official_Sensitive_For_Info_SoS_Decision_for_Maddelena_Reina.pdf_Final.pdf-principal at the [Redacted] ("the School") from January 2016 until July 2017: ./Official_Sensitive_For_Info_SoS_Decision_for_Maddelena_Reina.pdf_Final.pdf- ./Official_Sensitive_For_Info_SoS_Decision_for_Maddelena_Reina.pdf_Final.pdf-1. She demonstrated a lack of professional judgment in relation to Individual A, ./Official_Sensitive_For_Info_SoS_Decision_for_Maddelena_Reina.pdf_Final.pdf: whom she knew was a convicted child sex offender, on one or more occasions, ./Official_Sensitive_For_Info_SoS_Decision_for_Maddelena_Reina.pdf_Final.pdf- including; ./Official_Sensitive_For_Info_SoS_Decision_for_Maddelena_Reina.pdf_Final.pdf- ./Official_Sensitive_For_Info_SoS_Decision_for_Maddelena_Reina.pdf_Final.pdf- a. On or around 21st February 2017, by allowing Individual A to be present ./Official_Sensitive_For_Info_SoS_Decision_for_Maddelena_Reina.pdf_Final.pdf- whilst she engaged in a meeting with colleagues discussing work-related ./Official_Sensitive_For_Info_SoS_Decision_for_Maddelena_Reina.pdf_Final.pdf- matters; ./Official_Sensitive_For_Info_SoS_Decision_for_Maddelena_Reina.pdf_Final.pdf- ./Official_Sensitive_For_Info_SoS_Decision_for_Maddelena_Reina.pdf_Final.pdf- b. On or around 4th May 2017, by allowing Individual A onto the School's ./Official_Sensitive_For_Info_SoS_Decision_for_Maddelena_Reina.pdf_Final.pdf- premises for approximately 9 hours; ./Official_Sensitive_For_Info_SoS_Decision_for_Maddelena_Reina.pdf_Final.pdf- ./Official_Sensitive_For_Info_SoS_Decision_for_Maddelena_Reina.pdf_Final.pdf- c. On or around 4th May 2017, by allowing one or more pupils to be in the -- ./Official_Sensitive_For_Info_SoS_Decision_for_Maddelena_Reina.pdf_Final.pdf-direction was necessary or appropriate in this case. ./Official_Sensitive_For_Info_SoS_Decision_for_Maddelena_Reina.pdf_Final.pdf- ./Official_Sensitive_For_Info_SoS_Decision_for_Maddelena_Reina.pdf_Final.pdf-The panel proceeded to carefully consider the case, having read all the documents, and ./Official_Sensitive_For_Info_SoS_Decision_for_Maddelena_Reina.pdf_Final.pdf-reached a decision. ./Official_Sensitive_For_Info_SoS_Decision_for_Maddelena_Reina.pdf_Final.pdf- ./Official_Sensitive_For_Info_SoS_Decision_for_Maddelena_Reina.pdf_Final.pdf-Ms Reina held the role of principal of [Redacted] ("the School") since January 2016. She ./Official_Sensitive_For_Info_SoS_Decision_for_Maddelena_Reina.pdf_Final.pdf-was also the designated safeguarding lead of the School. ./Official_Sensitive_For_Info_SoS_Decision_for_Maddelena_Reina.pdf_Final.pdf- ./Official_Sensitive_For_Info_SoS_Decision_for_Maddelena_Reina.pdf_Final.pdf-In May 2017, a referral was made by the police to the Waltham Forest Local Authority ./Official_Sensitive_For_Info_SoS_Decision_for_Maddelena_Reina.pdf_Final.pdf-Designated Officer (LADO) regarding a relationship between Ms Reina and Individual A, ./Official_Sensitive_For_Info_SoS_Decision_for_Maddelena_Reina.pdf_Final.pdf:a convicted sex offender. ./Official_Sensitive_For_Info_SoS_Decision_for_Maddelena_Reina.pdf_Final.pdf- ./Official_Sensitive_For_Info_SoS_Decision_for_Maddelena_Reina.pdf_Final.pdf-The relationship had come to light following a proposed holiday Ms Reina and Individual ./Official_Sensitive_For_Info_SoS_Decision_for_Maddelena_Reina.pdf_Final.pdf-A were intending to take. Individual A was required to notify the police if he wished to ./Official_Sensitive_For_Info_SoS_Decision_for_Maddelena_Reina.pdf_Final.pdf-leave the country and it was identified that Ms Reina was due to accompany him. Ms ./Official_Sensitive_For_Info_SoS_Decision_for_Maddelena_Reina.pdf_Final.pdf-Reina was subsequently invited to, and attended, a meeting at Edmonton police station ./Official_Sensitive_For_Info_SoS_Decision_for_Maddelena_Reina.pdf_Final.pdf-on 26th May 2017, following which the LADO referral was made. ./Official_Sensitive_For_Info_SoS_Decision_for_Maddelena_Reina.pdf_Final.pdf- ./Official_Sensitive_For_Info_SoS_Decision_for_Maddelena_Reina.pdf_Final.pdf-Ms Reina was subsequently suspended from her duties at the School and a disciplinary ./Official_Sensitive_For_Info_SoS_Decision_for_Maddelena_Reina.pdf_Final.pdf-investigation was initiated. Prior to the conclusion of the disciplinary process Ms Reina ./Official_Sensitive_For_Info_SoS_Decision_for_Maddelena_Reina.pdf_Final.pdf-resigned from her position by letter dated 12th July 2017. The disciplinary process -- ./Official_Sensitive_For_Info_SoS_Decision_for_Maddelena_Reina.pdf_Final.pdf- ./Official_Sensitive_For_Info_SoS_Decision_for_Maddelena_Reina.pdf_Final.pdf-In considering the allegations, the panel did not rely upon any findings made or opinions ./Official_Sensitive_For_Info_SoS_Decision_for_Maddelena_Reina.pdf_Final.pdf-expressed in papers which formed part of the documentation for the investigation ./Official_Sensitive_For_Info_SoS_Decision_for_Maddelena_Reina.pdf_Final.pdf-undertaken by the School. It formed its own, independent view of the allegations based ./Official_Sensitive_For_Info_SoS_Decision_for_Maddelena_Reina.pdf_Final.pdf-on the evidence presented to it. ./Official_Sensitive_For_Info_SoS_Decision_for_Maddelena_Reina.pdf_Final.pdf- ./Official_Sensitive_For_Info_SoS_Decision_for_Maddelena_Reina.pdf_Final.pdf-Findings of fact ./Official_Sensitive_For_Info_SoS_Decision_for_Maddelena_Reina.pdf_Final.pdf-Our findings of fact are as follows: ./Official_Sensitive_For_Info_SoS_Decision_for_Maddelena_Reina.pdf_Final.pdf- ./Official_Sensitive_For_Info_SoS_Decision_for_Maddelena_Reina.pdf_Final.pdf-1. You demonstrated a lack of professional judgment in relation to Individual A, ./Official_Sensitive_For_Info_SoS_Decision_for_Maddelena_Reina.pdf_Final.pdf: whom you knew was a convicted child sex offender, on one or more ./Official_Sensitive_For_Info_SoS_Decision_for_Maddelena_Reina.pdf_Final.pdf- occasions, including; ./Official_Sensitive_For_Info_SoS_Decision_for_Maddelena_Reina.pdf_Final.pdf- ./Official_Sensitive_For_Info_SoS_Decision_for_Maddelena_Reina.pdf_Final.pdf- a. On or around 21st February 2017, by allowing Individual A to be ./Official_Sensitive_For_Info_SoS_Decision_for_Maddelena_Reina.pdf_Final.pdf- present whilst you engaged in a meeting with colleagues discussing ./Official_Sensitive_For_Info_SoS_Decision_for_Maddelena_Reina.pdf_Final.pdf- work-related matters; ./Official_Sensitive_For_Info_SoS_Decision_for_Maddelena_Reina.pdf_Final.pdf- ./Official_Sensitive_For_Info_SoS_Decision_for_Maddelena_Reina.pdf_Final.pdf- b. On or around 4th May 2017, by allowing Individual A onto the School's ./Official_Sensitive_For_Info_SoS_Decision_for_Maddelena_Reina.pdf_Final.pdf- premises for approximately 9 hours; ./Official_Sensitive_For_Info_SoS_Decision_for_Maddelena_Reina.pdf_Final.pdf- ./Official_Sensitive_For_Info_SoS_Decision_for_Maddelena_Reina.pdf_Final.pdf- c. On or around 4th May 2017, by allowing one or more pupils to be in the -- ./Official_Sensitive_For_Info_SoS_Decision_for_Maddelena_Reina.pdf_Final.pdf- and/or any additional measures to ensure the safety of the pupils ./Official_Sensitive_For_Info_SoS_Decision_for_Maddelena_Reina.pdf_Final.pdf- when Individual A was present on the School's premises; ./Official_Sensitive_For_Info_SoS_Decision_for_Maddelena_Reina.pdf_Final.pdf- ./Official_Sensitive_For_Info_SoS_Decision_for_Maddelena_Reina.pdf_Final.pdf- e. On or around 4th May 2017, by allowing Individual A access to your ./Official_Sensitive_For_Info_SoS_Decision_for_Maddelena_Reina.pdf_Final.pdf- work iPad which provided open access to confidential material; ./Official_Sensitive_For_Info_SoS_Decision_for_Maddelena_Reina.pdf_Final.pdf- ./Official_Sensitive_For_Info_SoS_Decision_for_Maddelena_Reina.pdf_Final.pdf-Ms Reina admitted the facts of allegations 1(a) to 1(e). ./Official_Sensitive_For_Info_SoS_Decision_for_Maddelena_Reina.pdf_Final.pdf- ./Official_Sensitive_For_Info_SoS_Decision_for_Maddelena_Reina.pdf_Final.pdf-Ms Reina accepts that: ./Official_Sensitive_For_Info_SoS_Decision_for_Maddelena_Reina.pdf_Final.pdf- ./Official_Sensitive_For_Info_SoS_Decision_for_Maddelena_Reina.pdf_Final.pdf:  She knew that Individual A was a convicted child sex offender. ./Official_Sensitive_For_Info_SoS_Decision_for_Maddelena_Reina.pdf_Final.pdf- ./Official_Sensitive_For_Info_SoS_Decision_for_Maddelena_Reina.pdf_Final.pdf-  In relation to allegation 1(a), Individual A was present on 21st February 2017 when ./Official_Sensitive_For_Info_SoS_Decision_for_Maddelena_Reina.pdf_Final.pdf- two colleagues were in attendance at her home for a planned off-site senior ./Official_Sensitive_For_Info_SoS_Decision_for_Maddelena_Reina.pdf_Final.pdf- leadership team (SLT) work day and when work-related matters concerning the ./Official_Sensitive_For_Info_SoS_Decision_for_Maddelena_Reina.pdf_Final.pdf- School were discussed. ./Official_Sensitive_For_Info_SoS_Decision_for_Maddelena_Reina.pdf_Final.pdf- ./Official_Sensitive_For_Info_SoS_Decision_for_Maddelena_Reina.pdf_Final.pdf-  In relation to allegation 1(b), she allowed Individual A to remain on the School's ./Official_Sensitive_For_Info_SoS_Decision_for_Maddelena_Reina.pdf_Final.pdf- premises for a period of approximately 9 hours on 4th May 2017, which was further ./Official_Sensitive_For_Info_SoS_Decision_for_Maddelena_Reina.pdf_Final.pdf- evidenced by the School's entry system and CCTV recording. ./Official_Sensitive_For_Info_SoS_Decision_for_Maddelena_Reina.pdf_Final.pdf- -- ./Official_Sensitive_For_Info_SoS_Decision_for_Maddelena_Reina.pdf_Final.pdf:protection of pupils and others. Ms Reina had allowed a known sex offender onto the ./Official_Sensitive_For_Info_SoS_Decision_for_Maddelena_Reina.pdf_Final.pdf-School's premises in circumstances where no steps were taken to manage the ./Official_Sensitive_For_Info_SoS_Decision_for_Maddelena_Reina.pdf_Final.pdf-safeguarding risks. Ms Reina had demonstrated a concerning lack of professional ./Official_Sensitive_For_Info_SoS_Decision_for_Maddelena_Reina.pdf_Final.pdf-judgment. She had also lied to the police when specifically asked if Individual A had ./Official_Sensitive_For_Info_SoS_Decision_for_Maddelena_Reina.pdf_Final.pdf-attended the School. ./Official_Sensitive_For_Info_SoS_Decision_for_Maddelena_Reina.pdf_Final.pdf- ./Official_Sensitive_For_Info_SoS_Decision_for_Maddelena_Reina.pdf_Final.pdf-Similarly, the panel considered that public confidence in the profession could be seriously ./Official_Sensitive_For_Info_SoS_Decision_for_Maddelena_Reina.pdf_Final.pdf-weakened if conduct such as that found against Ms Reina was not treated with the ./Official_Sensitive_For_Info_SoS_Decision_for_Maddelena_Reina.pdf_Final.pdf-utmost seriousness when regulating the conduct of the profession. In addition to her ./Official_Sensitive_For_Info_SoS_Decision_for_Maddelena_Reina.pdf_Final.pdf-safeguarding failures she had also acted dishonestly. These are serious matters and ./Official_Sensitive_For_Info_SoS_Decision_for_Maddelena_Reina.pdf_Final.pdf-there is a strong public interest in maintaining public confidence in the profession in this -- ./Official_Sensitive_For_Info_SoS_Decision_for_Maddelena_Reina.pdf_Final.pdf- ./Official_Sensitive_For_Info_SoS_Decision_for_Maddelena_Reina.pdf_Final.pdf-The panel was of the view that, applying the standard of the ordinary intelligent citizen, ./Official_Sensitive_For_Info_SoS_Decision_for_Maddelena_Reina.pdf_Final.pdf-recommending no prohibition order is not a proportionate and appropriate response in ./Official_Sensitive_For_Info_SoS_Decision_for_Maddelena_Reina.pdf_Final.pdf-this case. Recommending that publication of adverse findings is sufficient would ./Official_Sensitive_For_Info_SoS_Decision_for_Maddelena_Reina.pdf_Final.pdf-unacceptably compromise the public interest considerations present, despite the severity ./Official_Sensitive_For_Info_SoS_Decision_for_Maddelena_Reina.pdf_Final.pdf-of consequences for Ms Reina of prohibition. ./Official_Sensitive_For_Info_SoS_Decision_for_Maddelena_Reina.pdf_Final.pdf- ./Official_Sensitive_For_Info_SoS_Decision_for_Maddelena_Reina.pdf_Final.pdf-The panel was of the view that prohibition is both proportionate and appropriate and that ./Official_Sensitive_For_Info_SoS_Decision_for_Maddelena_Reina.pdf_Final.pdf-the public interest considerations outweighed the interests of Ms Reina. ./Official_Sensitive_For_Info_SoS_Decision_for_Maddelena_Reina.pdf_Final.pdf- ./Official_Sensitive_For_Info_SoS_Decision_for_Maddelena_Reina.pdf_Final.pdf:In particular, Ms Reina had allowed a known sex offender onto the School premises for ./Official_Sensitive_For_Info_SoS_Decision_for_Maddelena_Reina.pdf_Final.pdf-an entire school day, during which time he came into contact with pupils and had access ./Official_Sensitive_For_Info_SoS_Decision_for_Maddelena_Reina.pdf_Final.pdf-to a school iPad which contained sensitive and confidential data. ./Official_Sensitive_For_Info_SoS_Decision_for_Maddelena_Reina.pdf_Final.pdf- ./Official_Sensitive_For_Info_SoS_Decision_for_Maddelena_Reina.pdf_Final.pdf-This was a serious safeguarding matter and was a matter of grave concern to the panel. ./Official_Sensitive_For_Info_SoS_Decision_for_Maddelena_Reina.pdf_Final.pdf- ./Official_Sensitive_For_Info_SoS_Decision_for_Maddelena_Reina.pdf_Final.pdf-Prior to this, Ms Reina had also allowed Individual A to be present during a meeting at ./Official_Sensitive_For_Info_SoS_Decision_for_Maddelena_Reina.pdf_Final.pdf-her home when work-related matters were discussed with her senior colleagues. ./Official_Sensitive_For_Info_SoS_Decision_for_Maddelena_Reina.pdf_Final.pdf- ./Official_Sensitive_For_Info_SoS_Decision_for_Maddelena_Reina.pdf_Final.pdf-Ms Reina's actions presented a risk of harm to the pupils in her care. In the absence of ./Official_Sensitive_For_Info_SoS_Decision_for_Maddelena_Reina.pdf_Final.pdf-any form of risk assessment, it was clear that Ms Reina had taken no steps to ensure the -- ./Official_Sensitive_For_Info_SoS_Decision_for_Maddelena_Reina.pdf_Final.pdf-Further, the conduct, whilst serious, could be properly characterised as a one-off episode ./Official_Sensitive_For_Info_SoS_Decision_for_Maddelena_Reina.pdf_Final.pdf-in the context of an otherwise unblemished career. Whilst she had lied to the police in ./Official_Sensitive_For_Info_SoS_Decision_for_Maddelena_Reina.pdf_Final.pdf-response to reasonable enquiries, the panel was prepared to accept, on balance, that ./Official_Sensitive_For_Info_SoS_Decision_for_Maddelena_Reina.pdf_Final.pdf-she may have panicked and her conduct was not necessarily reflective of her character ./Official_Sensitive_For_Info_SoS_Decision_for_Maddelena_Reina.pdf_Final.pdf-having regard to her prior good history. She had subsequently admitted her actions and ./Official_Sensitive_For_Info_SoS_Decision_for_Maddelena_Reina.pdf_Final.pdf-the dishonesty was not maintained. ./Official_Sensitive_For_Info_SoS_Decision_for_Maddelena_Reina.pdf_Final.pdf- ./Official_Sensitive_For_Info_SoS_Decision_for_Maddelena_Reina.pdf_Final.pdf-However, the panel considered that these matters were outweighed by the aggravating ./Official_Sensitive_For_Info_SoS_Decision_for_Maddelena_Reina.pdf_Final.pdf-features in this case. ./Official_Sensitive_For_Info_SoS_Decision_for_Maddelena_Reina.pdf_Final.pdf- ./Official_Sensitive_For_Info_SoS_Decision_for_Maddelena_Reina.pdf_Final.pdf:In particular, Ms Reina had allowed a known sex offender into the School, which was ./Official_Sensitive_For_Info_SoS_Decision_for_Maddelena_Reina.pdf_Final.pdf-described as a special academy, and her conduct was at the more serious end of the ./Official_Sensitive_For_Info_SoS_Decision_for_Maddelena_Reina.pdf_Final.pdf-spectrum. ./Official_Sensitive_For_Info_SoS_Decision_for_Maddelena_Reina.pdf_Final.pdf- ./Official_Sensitive_For_Info_SoS_Decision_for_Maddelena_Reina.pdf_Final.pdf-It was also a matter of concern that her relationship with Individual A and his status as a ./Official_Sensitive_For_Info_SoS_Decision_for_Maddelena_Reina.pdf_Final.pdf:sex offender only came to light following the police becoming involved. ./Official_Sensitive_For_Info_SoS_Decision_for_Maddelena_Reina.pdf_Final.pdf- ./Official_Sensitive_For_Info_SoS_Decision_for_Maddelena_Reina.pdf_Final.pdf-Whilst the full extent of Individual A's criminal record and restrictions may not have been ./Official_Sensitive_For_Info_SoS_Decision_for_Maddelena_Reina.pdf_Final.pdf-known to Ms Reina, it was not apparent that she made any enquiries in relation to his ./Official_Sensitive_For_Info_SoS_Decision_for_Maddelena_Reina.pdf_Final.pdf-conviction or what restrictions may have been in place. At the very least she was aware ./Official_Sensitive_For_Info_SoS_Decision_for_Maddelena_Reina.pdf_Final.pdf-that the offence was committed against a minor and the fact that Ms Reina allowed such ./Official_Sensitive_For_Info_SoS_Decision_for_Maddelena_Reina.pdf_Final.pdf-an individual into the School was inexcusable. The associated risks should have been ./Official_Sensitive_For_Info_SoS_Decision_for_Maddelena_Reina.pdf_Final.pdf-clear and obvious. ./Official_Sensitive_For_Info_SoS_Decision_for_Maddelena_Reina.pdf_Final.pdf- ./Official_Sensitive_For_Info_SoS_Decision_for_Maddelena_Reina.pdf_Final.pdf-Further, when specifically asked by the police if Individual A had been to the School, Ms ./Official_Sensitive_For_Info_SoS_Decision_for_Maddelena_Reina.pdf_Final.pdf-Reina lied. -- ./Official_Sensitive_For_Info_SoS_Decision_for_Maddelena_Reina.pdf_Final.pdf-an otherwise unblemished record. There was no evidence that Ms Reina had been ./Official_Sensitive_For_Info_SoS_Decision_for_Maddelena_Reina.pdf_Final.pdf-subject to any previous regulatory or disciplinary proceedings. There was no evidence of ./Official_Sensitive_For_Info_SoS_Decision_for_Maddelena_Reina.pdf_Final.pdf-any prior complaints in relation to her conduct. There were no complaints in relation to ./Official_Sensitive_For_Info_SoS_Decision_for_Maddelena_Reina.pdf_Final.pdf-her teaching practice and there was some positive evidence of her practice. Ms Reina ./Official_Sensitive_For_Info_SoS_Decision_for_Maddelena_Reina.pdf_Final.pdf-had fully engaged in these proceedings and made early admissions.” ./Official_Sensitive_For_Info_SoS_Decision_for_Maddelena_Reina.pdf_Final.pdf- ./Official_Sensitive_For_Info_SoS_Decision_for_Maddelena_Reina.pdf_Final.pdf-A prohibition order would prevent Ms Reina from teaching and would also clearly deprive ./Official_Sensitive_For_Info_SoS_Decision_for_Maddelena_Reina.pdf_Final.pdf-the public of her contribution to the profession for the period that it is in force. ./Official_Sensitive_For_Info_SoS_Decision_for_Maddelena_Reina.pdf_Final.pdf- ./Official_Sensitive_For_Info_SoS_Decision_for_Maddelena_Reina.pdf_Final.pdf-In this case, I have placed considerable weight on the panel’s comments concerning the ./Official_Sensitive_For_Info_SoS_Decision_for_Maddelena_Reina.pdf_Final.pdf:serious nature of the behaviour. The panel has said, “Ms Reina had allowed a known sex ./Official_Sensitive_For_Info_SoS_Decision_for_Maddelena_Reina.pdf_Final.pdf- ./Official_Sensitive_For_Info_SoS_Decision_for_Maddelena_Reina.pdf_Final.pdf- 15 ./Official_Sensitive_For_Info_SoS_Decision_for_Maddelena_Reina.pdf_Final.pdf- -- ./Official_Sensitive_For_Info_SoS_Decision_for_Maddelena_Reina.pdf_Final.pdf-offender into the School, which was described as a special academy, and her conduct ./Official_Sensitive_For_Info_SoS_Decision_for_Maddelena_Reina.pdf_Final.pdf-was at the more serious end of the spectrum. ./Official_Sensitive_For_Info_SoS_Decision_for_Maddelena_Reina.pdf_Final.pdf- ./Official_Sensitive_For_Info_SoS_Decision_for_Maddelena_Reina.pdf_Final.pdf-It was also a matter of concern that her relationship with Individual A and his status as a ./Official_Sensitive_For_Info_SoS_Decision_for_Maddelena_Reina.pdf_Final.pdf:sex offender only came to light following the police becoming involved. ./Official_Sensitive_For_Info_SoS_Decision_for_Maddelena_Reina.pdf_Final.pdf- ./Official_Sensitive_For_Info_SoS_Decision_for_Maddelena_Reina.pdf_Final.pdf-Whilst the full extent of Individual A's criminal record and restrictions may not have been ./Official_Sensitive_For_Info_SoS_Decision_for_Maddelena_Reina.pdf_Final.pdf-known to Ms Reina, it was not apparent that she made any enquiries in relation to his ./Official_Sensitive_For_Info_SoS_Decision_for_Maddelena_Reina.pdf_Final.pdf-conviction or what restrictions may have been in place. At the very least she was aware ./Official_Sensitive_For_Info_SoS_Decision_for_Maddelena_Reina.pdf_Final.pdf-that the offence was committed against a minor and the fact that Ms Reina allowed such ./Official_Sensitive_For_Info_SoS_Decision_for_Maddelena_Reina.pdf_Final.pdf-an individual into the School was inexcusable. The associated risks should have been ./Official_Sensitive_For_Info_SoS_Decision_for_Maddelena_Reina.pdf_Final.pdf-clear and obvious. ./Official_Sensitive_For_Info_SoS_Decision_for_Maddelena_Reina.pdf_Final.pdf- ./Official_Sensitive_For_Info_SoS_Decision_for_Maddelena_Reina.pdf_Final.pdf-Further, when specifically asked by the police if Individual A had been to the School, Ms ./Official_Sensitive_For_Info_SoS_Decision_for_Maddelena_Reina.pdf_Final.pdf-Reina lied.” ./OFFICIAL_SENSITIVE_Gasper_Tristan_SOS_decision-.pdf-allegations to be considered without a hearing. The panel had the ability to direct that the ./OFFICIAL_SENSITIVE_Gasper_Tristan_SOS_decision-.pdf-case be considered at a hearing if required in the interests of justice or in the public ./OFFICIAL_SENSITIVE_Gasper_Tristan_SOS_decision-.pdf-interest. The panel did not determine that such a direction was necessary or appropriate ./OFFICIAL_SENSITIVE_Gasper_Tristan_SOS_decision-.pdf-in this case. ./OFFICIAL_SENSITIVE_Gasper_Tristan_SOS_decision-.pdf- ./OFFICIAL_SENSITIVE_Gasper_Tristan_SOS_decision-.pdf-Mr Gasper was employed as a teacher of design and technology at the School from July ./OFFICIAL_SENSITIVE_Gasper_Tristan_SOS_decision-.pdf-2012 until his resignation in February 2021. ./OFFICIAL_SENSITIVE_Gasper_Tristan_SOS_decision-.pdf- ./OFFICIAL_SENSITIVE_Gasper_Tristan_SOS_decision-.pdf-In January 2021 he was charged with 3 offences under the Sexual Offences Act 2003. ./OFFICIAL_SENSITIVE_Gasper_Tristan_SOS_decision-.pdf-The offences arose in relation to Pupil A, a pupil at the School, with whom Mr Gasper ./OFFICIAL_SENSITIVE_Gasper_Tristan_SOS_decision-.pdf:was in a sexual relationship. ./OFFICIAL_SENSITIVE_Gasper_Tristan_SOS_decision-.pdf- ./OFFICIAL_SENSITIVE_Gasper_Tristan_SOS_decision-.pdf-Pupil A was [redacted] by Mr Gasper. When she was just [redacted], she began spending ./OFFICIAL_SENSITIVE_Gasper_Tristan_SOS_decision-.pdf-her breaks in Mr Gasper's classroom and seeking emotional support from him. By year ./OFFICIAL_SENSITIVE_Gasper_Tristan_SOS_decision-.pdf-[redacted], she was spending most of her free school time with him. By year [redacted], ./OFFICIAL_SENSITIVE_Gasper_Tristan_SOS_decision-.pdf:when she was [redacted], a full sexual relationship began, and continued over many ./OFFICIAL_SENSITIVE_Gasper_Tristan_SOS_decision-.pdf-months. ./OFFICIAL_SENSITIVE_Gasper_Tristan_SOS_decision-.pdf- ./OFFICIAL_SENSITIVE_Gasper_Tristan_SOS_decision-.pdf-On 24 May 2021 at Ipswich Crown Court, Mr Gasper pleaded guilty to, and was ./OFFICIAL_SENSITIVE_Gasper_Tristan_SOS_decision-.pdf-convicted of 3 counts under Section 16(1) of the Sexual Offences Act 2003. He was ./OFFICIAL_SENSITIVE_Gasper_Tristan_SOS_decision-.pdf-sentenced to 2 years imprisonment, suspended for 2 years, with an unpaid work and ./OFFICIAL_SENSITIVE_Gasper_Tristan_SOS_decision-.pdf-rehabilitation requirement. ./OFFICIAL_SENSITIVE_Gasper_Tristan_SOS_decision-.pdf- ./OFFICIAL_SENSITIVE_Gasper_Tristan_SOS_decision-.pdf-Findings of fact ./OFFICIAL_SENSITIVE_Gasper_Tristan_SOS_decision-.pdf- ./OFFICIAL_SENSITIVE_Gasper_Tristan_SOS_decision-.pdf-The findings of fact are as follows: -- ./OFFICIAL_SENSITIVE_Gasper_Tristan_SOS_decision-.pdf- o showing tolerance of and respect for the rights of others ./OFFICIAL_SENSITIVE_Gasper_Tristan_SOS_decision-.pdf- ./OFFICIAL_SENSITIVE_Gasper_Tristan_SOS_decision-.pdf- • Teachers must have proper and professional regard for the ethos, policies and ./OFFICIAL_SENSITIVE_Gasper_Tristan_SOS_decision-.pdf- practices of the school in which they teach ./OFFICIAL_SENSITIVE_Gasper_Tristan_SOS_decision-.pdf- ./OFFICIAL_SENSITIVE_Gasper_Tristan_SOS_decision-.pdf- • Teachers must have an understanding of, and always act within, the statutory ./OFFICIAL_SENSITIVE_Gasper_Tristan_SOS_decision-.pdf- frameworks which set out their professional duties and responsibilities. ./OFFICIAL_SENSITIVE_Gasper_Tristan_SOS_decision-.pdf- ./OFFICIAL_SENSITIVE_Gasper_Tristan_SOS_decision-.pdf-The panel noted that Mr Gasper's actions occurred while he was directly working with ./OFFICIAL_SENSITIVE_Gasper_Tristan_SOS_decision-.pdf-children and working in an education setting. The Advice states that offences involving ./OFFICIAL_SENSITIVE_Gasper_Tristan_SOS_decision-.pdf:sexual activity are likely to be a relevant offence. ./OFFICIAL_SENSITIVE_Gasper_Tristan_SOS_decision-.pdf- ./OFFICIAL_SENSITIVE_Gasper_Tristan_SOS_decision-.pdf- ./OFFICIAL_SENSITIVE_Gasper_Tristan_SOS_decision-.pdf- ./OFFICIAL_SENSITIVE_Gasper_Tristan_SOS_decision-.pdf- 6 ./OFFICIAL_SENSITIVE_Gasper_Tristan_SOS_decision-.pdf- -- ./OFFICIAL_SENSITIVE_Gasper_Tristan_SOS_decision-.pdf-public confidence in the teaching profession, given the influence that teachers may have ./OFFICIAL_SENSITIVE_Gasper_Tristan_SOS_decision-.pdf-on pupils, parents and others in the community. ./OFFICIAL_SENSITIVE_Gasper_Tristan_SOS_decision-.pdf- ./OFFICIAL_SENSITIVE_Gasper_Tristan_SOS_decision-.pdf-The panel noted that Mr Gasper's behaviour ultimately led to a sentence of imprisonment ./OFFICIAL_SENSITIVE_Gasper_Tristan_SOS_decision-.pdf-(albeit that it was suspended), which was indicative of the seriousness of the offences ./OFFICIAL_SENSITIVE_Gasper_Tristan_SOS_decision-.pdf-committed. ./OFFICIAL_SENSITIVE_Gasper_Tristan_SOS_decision-.pdf- ./OFFICIAL_SENSITIVE_Gasper_Tristan_SOS_decision-.pdf-The panel took into account evidence of mitigating circumstances identified in the ./OFFICIAL_SENSITIVE_Gasper_Tristan_SOS_decision-.pdf-sentencing remarks of His Honour Judge [redacted], including that Mr Gasper had no ./OFFICIAL_SENSITIVE_Gasper_Tristan_SOS_decision-.pdf-previous convictions, was remorseful, and had his own [redacted]. He also took account ./OFFICIAL_SENSITIVE_Gasper_Tristan_SOS_decision-.pdf:of the fact that no sexual activity took place until Pupil A was [redacted], and that a pre- ./OFFICIAL_SENSITIVE_Gasper_Tristan_SOS_decision-.pdf-sentence report considered that there was a low risk of reoffending. ./OFFICIAL_SENSITIVE_Gasper_Tristan_SOS_decision-.pdf- ./OFFICIAL_SENSITIVE_Gasper_Tristan_SOS_decision-.pdf-The judge also identified aggravating features, including [redacted], timing and location, ./OFFICIAL_SENSITIVE_Gasper_Tristan_SOS_decision-.pdf-and a failure to respond when a concern was raised. Further there was a significant ./OFFICIAL_SENSITIVE_Gasper_Tristan_SOS_decision-.pdf:degree of planning, grooming behaviour, and the specific targeting of a vulnerable child. ./OFFICIAL_SENSITIVE_Gasper_Tristan_SOS_decision-.pdf- ./OFFICIAL_SENSITIVE_Gasper_Tristan_SOS_decision-.pdf-Taking account of the aggravating and mitigating features, the panel found that the ./OFFICIAL_SENSITIVE_Gasper_Tristan_SOS_decision-.pdf-seriousness of the offending behaviour that led to the conviction was relevant to Mr ./OFFICIAL_SENSITIVE_Gasper_Tristan_SOS_decision-.pdf-Gasper's ongoing suitability to teach. The panel considered that a finding that these ./OFFICIAL_SENSITIVE_Gasper_Tristan_SOS_decision-.pdf-convictions were for relevant offences was necessary to reaffirm clear standards of ./OFFICIAL_SENSITIVE_Gasper_Tristan_SOS_decision-.pdf-conduct so as to maintain public confidence in the teaching profession. ./OFFICIAL_SENSITIVE_Gasper_Tristan_SOS_decision-.pdf- ./OFFICIAL_SENSITIVE_Gasper_Tristan_SOS_decision-.pdf- ./OFFICIAL_SENSITIVE_Gasper_Tristan_SOS_decision-.pdf-Panel’s recommendation to the Secretary of State ./OFFICIAL_SENSITIVE_Gasper_Tristan_SOS_decision-.pdf-Given the panel’s findings in respect of a conviction of a relevant offence, it was -- ./OFFICIAL_SENSITIVE_Gasper_Tristan_SOS_decision-.pdf-protection of pupils, the maintenance of public confidence in the profession, and ./OFFICIAL_SENSITIVE_Gasper_Tristan_SOS_decision-.pdf-declaring and upholding proper standards of conduct. ./OFFICIAL_SENSITIVE_Gasper_Tristan_SOS_decision-.pdf- ./OFFICIAL_SENSITIVE_Gasper_Tristan_SOS_decision-.pdf-In the light of the panel’s findings against Mr Gasper, there was a strong public interest ./OFFICIAL_SENSITIVE_Gasper_Tristan_SOS_decision-.pdf-consideration in respect of the protection of pupils given the serious findings of grooming ./OFFICIAL_SENSITIVE_Gasper_Tristan_SOS_decision-.pdf:leading to sexual activity with a child. Although a pre-sentence report considered that the ./OFFICIAL_SENSITIVE_Gasper_Tristan_SOS_decision-.pdf-risk of re-offending was low, it indicated that work could be undertaken to address ./OFFICIAL_SENSITIVE_Gasper_Tristan_SOS_decision-.pdf-offending through a rehabilitation activity requirement. The panel has seen no evidence ./OFFICIAL_SENSITIVE_Gasper_Tristan_SOS_decision-.pdf-of any rehabilitative steps completed by Mr Gasper. ./OFFICIAL_SENSITIVE_Gasper_Tristan_SOS_decision-.pdf- ./OFFICIAL_SENSITIVE_Gasper_Tristan_SOS_decision-.pdf-Similarly, the panel considered that public confidence in the profession could be seriously ./OFFICIAL_SENSITIVE_Gasper_Tristan_SOS_decision-.pdf-weakened if conduct such as that found against Mr Gasper were not treated with the ./OFFICIAL_SENSITIVE_Gasper_Tristan_SOS_decision-.pdf-utmost seriousness when regulating the conduct of the profession. ./OFFICIAL_SENSITIVE_Gasper_Tristan_SOS_decision-.pdf- ./OFFICIAL_SENSITIVE_Gasper_Tristan_SOS_decision-.pdf-The panel decided that a strong public interest consideration in declaring proper ./OFFICIAL_SENSITIVE_Gasper_Tristan_SOS_decision-.pdf-standards of conduct in the profession was also present as the conduct found against Mr -- ./OFFICIAL_SENSITIVE_Gasper_Tristan_SOS_decision-.pdf- ./OFFICIAL_SENSITIVE_Gasper_Tristan_SOS_decision-.pdf-  serious departure from the personal and professional conduct elements of the ./OFFICIAL_SENSITIVE_Gasper_Tristan_SOS_decision-.pdf- Teachers’ Standards; ./OFFICIAL_SENSITIVE_Gasper_Tristan_SOS_decision-.pdf- ./OFFICIAL_SENSITIVE_Gasper_Tristan_SOS_decision-.pdf-  misconduct seriously affecting the education and/or well-being of pupils, and ./OFFICIAL_SENSITIVE_Gasper_Tristan_SOS_decision-.pdf- particularly where there is a continuing risk; ./OFFICIAL_SENSITIVE_Gasper_Tristan_SOS_decision-.pdf- ./OFFICIAL_SENSITIVE_Gasper_Tristan_SOS_decision-.pdf-  abuse of position or trust (particularly involving vulnerable pupils) or violation of the ./OFFICIAL_SENSITIVE_Gasper_Tristan_SOS_decision-.pdf- rights of pupils; ./OFFICIAL_SENSITIVE_Gasper_Tristan_SOS_decision-.pdf- ./OFFICIAL_SENSITIVE_Gasper_Tristan_SOS_decision-.pdf:  sexual misconduct, for example, involving actions that were sexually motivated or ./OFFICIAL_SENSITIVE_Gasper_Tristan_SOS_decision-.pdf: of a sexual nature and/or that use or exploit the trust, knowledge or influence ./OFFICIAL_SENSITIVE_Gasper_Tristan_SOS_decision-.pdf- derived from the individual’s professional position; ./OFFICIAL_SENSITIVE_Gasper_Tristan_SOS_decision-.pdf- ./OFFICIAL_SENSITIVE_Gasper_Tristan_SOS_decision-.pdf-  the commission of a serious criminal offence, including those that resulted in a ./OFFICIAL_SENSITIVE_Gasper_Tristan_SOS_decision-.pdf- conviction or caution, paying particular attention to offences that are ‘relevant ./OFFICIAL_SENSITIVE_Gasper_Tristan_SOS_decision-.pdf- matters’ for the purposes of the Police Act 1997 and criminal record disclosures. ./OFFICIAL_SENSITIVE_Gasper_Tristan_SOS_decision-.pdf- ./OFFICIAL_SENSITIVE_Gasper_Tristan_SOS_decision-.pdf-Even though some of the behaviour found proved in this case indicated that a prohibition ./OFFICIAL_SENSITIVE_Gasper_Tristan_SOS_decision-.pdf-order would be appropriate, the panel went on to consider the mitigating factors. ./OFFICIAL_SENSITIVE_Gasper_Tristan_SOS_decision-.pdf- ./OFFICIAL_SENSITIVE_Gasper_Tristan_SOS_decision-.pdf- 8 -- ./OFFICIAL_SENSITIVE_Gasper_Tristan_SOS_decision-.pdf-that a prohibition order should be imposed with immediate effect. ./OFFICIAL_SENSITIVE_Gasper_Tristan_SOS_decision-.pdf- ./OFFICIAL_SENSITIVE_Gasper_Tristan_SOS_decision-.pdf-The panel went on to consider whether or not it would be appropriate to recommend that ./OFFICIAL_SENSITIVE_Gasper_Tristan_SOS_decision-.pdf-a review period of the order should be considered. The panel was mindful that the Advice ./OFFICIAL_SENSITIVE_Gasper_Tristan_SOS_decision-.pdf-states that a prohibition order applies for life, but there may be circumstances, in any ./OFFICIAL_SENSITIVE_Gasper_Tristan_SOS_decision-.pdf-given case, that may make it appropriate to allow a teacher to apply to have the ./OFFICIAL_SENSITIVE_Gasper_Tristan_SOS_decision-.pdf-prohibition order reviewed after a specified period of time that may not be less than 2 ./OFFICIAL_SENSITIVE_Gasper_Tristan_SOS_decision-.pdf-years. ./OFFICIAL_SENSITIVE_Gasper_Tristan_SOS_decision-.pdf- ./OFFICIAL_SENSITIVE_Gasper_Tristan_SOS_decision-.pdf-The Advice indicates that there are behaviours that, if proved, would militate against the ./OFFICIAL_SENSITIVE_Gasper_Tristan_SOS_decision-.pdf:recommendation of a review period. These behaviours include serious sexual ./OFFICIAL_SENSITIVE_Gasper_Tristan_SOS_decision-.pdf:misconduct, such as where the act was sexually motivated and had the potential to result ./OFFICIAL_SENSITIVE_Gasper_Tristan_SOS_decision-.pdf-in harm to a person or persons, particularly where the individual has used his ./OFFICIAL_SENSITIVE_Gasper_Tristan_SOS_decision-.pdf-professional position to influence or exploit a person. The Advice also says that any ./OFFICIAL_SENSITIVE_Gasper_Tristan_SOS_decision-.pdf:sexual misconduct involving a child is likely to weigh in favour of not recommending a ./OFFICIAL_SENSITIVE_Gasper_Tristan_SOS_decision-.pdf-review period. ./OFFICIAL_SENSITIVE_Gasper_Tristan_SOS_decision-.pdf- ./OFFICIAL_SENSITIVE_Gasper_Tristan_SOS_decision-.pdf- 9 ./OFFICIAL_SENSITIVE_Gasper_Tristan_SOS_decision-.pdf- -- ./OFFICIAL_SENSITIVE_Gasper_Tristan_SOS_decision-.pdf:Mr Gasper has committed extremely serious sexual offences involving a vulnerable child ./OFFICIAL_SENSITIVE_Gasper_Tristan_SOS_decision-.pdf-in his care. ./OFFICIAL_SENSITIVE_Gasper_Tristan_SOS_decision-.pdf- ./OFFICIAL_SENSITIVE_Gasper_Tristan_SOS_decision-.pdf-The panel decided that the findings indicated a situation in which a review period would ./OFFICIAL_SENSITIVE_Gasper_Tristan_SOS_decision-.pdf-not be appropriate and, as such, decided that it would be proportionate in all the ./OFFICIAL_SENSITIVE_Gasper_Tristan_SOS_decision-.pdf-circumstances for the prohibition order to be recommended without provision for a review ./OFFICIAL_SENSITIVE_Gasper_Tristan_SOS_decision-.pdf-period. ./OFFICIAL_SENSITIVE_Gasper_Tristan_SOS_decision-.pdf- ./OFFICIAL_SENSITIVE_Gasper_Tristan_SOS_decision-.pdf- ./OFFICIAL_SENSITIVE_Gasper_Tristan_SOS_decision-.pdf-Decision and reasons on behalf of the Secretary of State ./OFFICIAL_SENSITIVE_Gasper_Tristan_SOS_decision-.pdf-I have given very careful consideration to this case and to the recommendation of the -- ./OFFICIAL_SENSITIVE_Gasper_Tristan_SOS_decision-.pdf- ./OFFICIAL_SENSITIVE_Gasper_Tristan_SOS_decision-.pdf- o showing tolerance of and respect for the rights of others ./OFFICIAL_SENSITIVE_Gasper_Tristan_SOS_decision-.pdf- ./OFFICIAL_SENSITIVE_Gasper_Tristan_SOS_decision-.pdf- • Teachers must have proper and professional regard for the ethos, policies and ./OFFICIAL_SENSITIVE_Gasper_Tristan_SOS_decision-.pdf- practices of the school in which they teach ./OFFICIAL_SENSITIVE_Gasper_Tristan_SOS_decision-.pdf- ./OFFICIAL_SENSITIVE_Gasper_Tristan_SOS_decision-.pdf- • Teachers must have an understanding of, and always act within, the statutory ./OFFICIAL_SENSITIVE_Gasper_Tristan_SOS_decision-.pdf- frameworks which set out their professional duties and responsibilities. ./OFFICIAL_SENSITIVE_Gasper_Tristan_SOS_decision-.pdf- ./OFFICIAL_SENSITIVE_Gasper_Tristan_SOS_decision-.pdf-The findings in this case amounting to a relevant conviction are particularly serious as ./OFFICIAL_SENSITIVE_Gasper_Tristan_SOS_decision-.pdf:they include three offences of sexual activities with a girl 13-17, contrary to Section 16(1) ./OFFICIAL_SENSITIVE_Gasper_Tristan_SOS_decision-.pdf-of the Sexual Offences Act 2003a. ./OFFICIAL_SENSITIVE_Gasper_Tristan_SOS_decision-.pdf- ./OFFICIAL_SENSITIVE_Gasper_Tristan_SOS_decision-.pdf- ./OFFICIAL_SENSITIVE_Gasper_Tristan_SOS_decision-.pdf- ./OFFICIAL_SENSITIVE_Gasper_Tristan_SOS_decision-.pdf- ./OFFICIAL_SENSITIVE_Gasper_Tristan_SOS_decision-.pdf- 10 ./OFFICIAL_SENSITIVE_Gasper_Tristan_SOS_decision-.pdf- -- ./OFFICIAL_SENSITIVE_Gasper_Tristan_SOS_decision-.pdf-In this case, I have considered the extent to which a prohibition order would protect ./OFFICIAL_SENSITIVE_Gasper_Tristan_SOS_decision-.pdf-children/safeguard pupils. The panel has observed, “The panel noted that the behaviour ./OFFICIAL_SENSITIVE_Gasper_Tristan_SOS_decision-.pdf-involved in committing the offence could have had an impact on the safety and well-being ./OFFICIAL_SENSITIVE_Gasper_Tristan_SOS_decision-.pdf-of the pupil involved, although there is no information before it about the actual impact on ./OFFICIAL_SENSITIVE_Gasper_Tristan_SOS_decision-.pdf-her.” A prohibition order would therefore prevent such a risk from being present in the ./OFFICIAL_SENSITIVE_Gasper_Tristan_SOS_decision-.pdf-future. ./OFFICIAL_SENSITIVE_Gasper_Tristan_SOS_decision-.pdf- ./OFFICIAL_SENSITIVE_Gasper_Tristan_SOS_decision-.pdf-I have also taken into account the panel’s comments, “The panel took into account ./OFFICIAL_SENSITIVE_Gasper_Tristan_SOS_decision-.pdf-evidence of mitigating circumstances identified in the sentencing remarks of His Honour ./OFFICIAL_SENSITIVE_Gasper_Tristan_SOS_decision-.pdf-Judge [redacted], including that Mr Gasper had no previous convictions, was remorseful, ./OFFICIAL_SENSITIVE_Gasper_Tristan_SOS_decision-.pdf:and had his own [redacted]. He also took account of the fact that no sexual activity took ./OFFICIAL_SENSITIVE_Gasper_Tristan_SOS_decision-.pdf-place until Pupil A was [redacted], and that a pre-sentence report considered that there ./OFFICIAL_SENSITIVE_Gasper_Tristan_SOS_decision-.pdf-was a low risk of reoffending.” ./OFFICIAL_SENSITIVE_Gasper_Tristan_SOS_decision-.pdf- ./OFFICIAL_SENSITIVE_Gasper_Tristan_SOS_decision-.pdf-I have gone on to consider the extent to which a prohibition order would maintain public ./OFFICIAL_SENSITIVE_Gasper_Tristan_SOS_decision-.pdf-confidence in the profession. The panel observed, “the panel considered that public ./OFFICIAL_SENSITIVE_Gasper_Tristan_SOS_decision-.pdf-confidence in the profession could be seriously weakened if conduct such as that found ./OFFICIAL_SENSITIVE_Gasper_Tristan_SOS_decision-.pdf-against Mr Gasper were not treated with the utmost seriousness when regulating the ./OFFICIAL_SENSITIVE_Gasper_Tristan_SOS_decision-.pdf-conduct of the profession.” I am particularly mindful of the nature of the offences in this ./OFFICIAL_SENSITIVE_Gasper_Tristan_SOS_decision-.pdf-case and the impact that has on the reputation of the profession. ./OFFICIAL_SENSITIVE_Gasper_Tristan_SOS_decision-.pdf- -- ./OFFICIAL_SENSITIVE_Gasper_Tristan_SOS_decision-.pdf-[redacted]. ./OFFICIAL_SENSITIVE_Gasper_Tristan_SOS_decision-.pdf- ./OFFICIAL_SENSITIVE_Gasper_Tristan_SOS_decision-.pdf-For these reasons, I have concluded that a prohibition order is proportionate and in the ./OFFICIAL_SENSITIVE_Gasper_Tristan_SOS_decision-.pdf-public interest in order to achieve the intended aims of a prohibition order. ./OFFICIAL_SENSITIVE_Gasper_Tristan_SOS_decision-.pdf- ./OFFICIAL_SENSITIVE_Gasper_Tristan_SOS_decision-.pdf-I have gone on to consider the matter of a review period. In this case, the panel has ./OFFICIAL_SENSITIVE_Gasper_Tristan_SOS_decision-.pdf-recommended that no provision should be made for a review period. ./OFFICIAL_SENSITIVE_Gasper_Tristan_SOS_decision-.pdf- ./OFFICIAL_SENSITIVE_Gasper_Tristan_SOS_decision-.pdf-I have considered the panel’s comments “The Advice indicates that there are behaviours ./OFFICIAL_SENSITIVE_Gasper_Tristan_SOS_decision-.pdf-that, if proved, would militate against the recommendation of a review period. These ./OFFICIAL_SENSITIVE_Gasper_Tristan_SOS_decision-.pdf:behaviours include serious sexual misconduct, such as where the act was sexually ./OFFICIAL_SENSITIVE_Gasper_Tristan_SOS_decision-.pdf-motivated and had the potential to result in harm to a person or persons, particularly ./OFFICIAL_SENSITIVE_Gasper_Tristan_SOS_decision-.pdf-where the individual has used his professional position to influence or exploit a person. ./OFFICIAL_SENSITIVE_Gasper_Tristan_SOS_decision-.pdf:The Advice also says that any sexual misconduct involving a child is likely to weigh in ./OFFICIAL_SENSITIVE_Gasper_Tristan_SOS_decision-.pdf-favour of not recommending a review period. Mr Gasper has committed extremely ./OFFICIAL_SENSITIVE_Gasper_Tristan_SOS_decision-.pdf:serious sexual offences involving a vulnerable child in his care.” ./OFFICIAL_SENSITIVE_Gasper_Tristan_SOS_decision-.pdf- ./OFFICIAL_SENSITIVE_Gasper_Tristan_SOS_decision-.pdf-I have considered whether not allowing a review period reflects the seriousness of the ./OFFICIAL_SENSITIVE_Gasper_Tristan_SOS_decision-.pdf-findings and is a proportionate period to achieve the aim of maintaining public confidence ./OFFICIAL_SENSITIVE_Gasper_Tristan_SOS_decision-.pdf-in the profession. In this case, factors mean that allowing a review period is not sufficient ./OFFICIAL_SENSITIVE_Gasper_Tristan_SOS_decision-.pdf-to achieve the aim of maintaining public confidence in the profession. These elements ./OFFICIAL_SENSITIVE_Gasper_Tristan_SOS_decision-.pdf:are the serious sexual offences committed and that the panel found the teacher’s actions ./OFFICIAL_SENSITIVE_Gasper_Tristan_SOS_decision-.pdf:were planned, as he groomed Pupil A over a long period of time. ./OFFICIAL_SENSITIVE_Gasper_Tristan_SOS_decision-.pdf- ./OFFICIAL_SENSITIVE_Gasper_Tristan_SOS_decision-.pdf- 12 ./OFFICIAL_SENSITIVE_Gasper_Tristan_SOS_decision-.pdf- ./Official_sensitive_Hart_Mahzia_16201_SoS_decision_Decision_redacted_AC.pdf- n. saying to Colleague L ‘Don’t you think [Teaching Staff 2] is a lesbian, she ./Official_sensitive_Hart_Mahzia_16201_SoS_decision_Decision_redacted_AC.pdf- is always touching everyone, she definitely is’ in relation to Teaching Staff ./Official_sensitive_Hart_Mahzia_16201_SoS_decision_Decision_redacted_AC.pdf- 2; ./Official_sensitive_Hart_Mahzia_16201_SoS_decision_Decision_redacted_AC.pdf- ./Official_sensitive_Hart_Mahzia_16201_SoS_decision_Decision_redacted_AC.pdf-Colleague L gave evidence that Mrs Hart said to her, 'Don't you think that [Teaching Staff ./Official_sensitive_Hart_Mahzia_16201_SoS_decision_Decision_redacted_AC.pdf-2] is a lesbian, she always touches everyone, she definitely is'. Colleague L said in her ./Official_sensitive_Hart_Mahzia_16201_SoS_decision_Decision_redacted_AC.pdf-witness statement for this hearing that Mrs Hart touched her arms when she said this. ./Official_sensitive_Hart_Mahzia_16201_SoS_decision_Decision_redacted_AC.pdf- ./Official_sensitive_Hart_Mahzia_16201_SoS_decision_Decision_redacted_AC.pdf-Colleague C said in her evidence that Mrs Hart had commented inappropriately on the ./Official_sensitive_Hart_Mahzia_16201_SoS_decision_Decision_redacted_AC.pdf:sexuality of Teaching Staff 2, insinuating that she was a lesbian. Colleague C said that ./Official_sensitive_Hart_Mahzia_16201_SoS_decision_Decision_redacted_AC.pdf-Mrs Hart joked about this in her presence. ./Official_sensitive_Hart_Mahzia_16201_SoS_decision_Decision_redacted_AC.pdf- ./Official_sensitive_Hart_Mahzia_16201_SoS_decision_Decision_redacted_AC.pdf-The panel found 3n proved. ./Official_sensitive_Hart_Mahzia_16201_SoS_decision_Decision_redacted_AC.pdf- ./Official_sensitive_Hart_Mahzia_16201_SoS_decision_Decision_redacted_AC.pdf- p. to Colleague H about Colleague B, including; ./Official_sensitive_Hart_Mahzia_16201_SoS_decision_Decision_redacted_AC.pdf- i. “Detective [Colleague H] great work. U got find her…wot a faker” ./Official_sensitive_Hart_Mahzia_16201_SoS_decision_Decision_redacted_AC.pdf- ii. “Can u c she had to go bk docs...aaaagh liar” ./Official_sensitive_Hart_Mahzia_16201_SoS_decision_Decision_redacted_AC.pdf- iii. “I dnt think she realises or cares that this buggers reception rt up! ./Official_sensitive_Hart_Mahzia_16201_SoS_decision_Decision_redacted_AC.pdf- Cow cow cow” ./Official_sensitive_Hart_Mahzia_16201_SoS_decision_Decision_redacted_AC.pdf- iv. “Man wudnt u text if u were Colleague B to wish us luck etc...bitch!” ./OFFICIAL_SENSITIVE_Holt_Andrew_SoS_Decision_REDACTED_WEB.pdf-1. He supplied and/or funded a class A controlled substance to Individual A in ./OFFICIAL_SENSITIVE_Holt_Andrew_SoS_Decision_REDACTED_WEB.pdf- circumstances where: ./OFFICIAL_SENSITIVE_Holt_Andrew_SoS_Decision_REDACTED_WEB.pdf- ./OFFICIAL_SENSITIVE_Holt_Andrew_SoS_Decision_REDACTED_WEB.pdf- a) he knew or ought to have known that she was vulnerable; ./OFFICIAL_SENSITIVE_Holt_Andrew_SoS_Decision_REDACTED_WEB.pdf- ./OFFICIAL_SENSITIVE_Holt_Andrew_SoS_Decision_REDACTED_WEB.pdf- b) he knew or ought to have known that Individual A had a dependency on that ./OFFICIAL_SENSITIVE_Holt_Andrew_SoS_Decision_REDACTED_WEB.pdf- substance and/or was likely to ‘relapse’ if she used that substance; ./OFFICIAL_SENSITIVE_Holt_Andrew_SoS_Decision_REDACTED_WEB.pdf- ./OFFICIAL_SENSITIVE_Holt_Andrew_SoS_Decision_REDACTED_WEB.pdf- c) he was engaged in a relationship with Individual A whereby he exchanged benefits ./OFFICIAL_SENSITIVE_Holt_Andrew_SoS_Decision_REDACTED_WEB.pdf- (included but not limited to money and/or controlled substances) wholly or partly in ./OFFICIAL_SENSITIVE_Holt_Andrew_SoS_Decision_REDACTED_WEB.pdf: return for sexual activity with her; ./OFFICIAL_SENSITIVE_Holt_Andrew_SoS_Decision_REDACTED_WEB.pdf- ./OFFICIAL_SENSITIVE_Holt_Andrew_SoS_Decision_REDACTED_WEB.pdf- d) he encouraged and/or facilitated, including through the purchase of condoms and ./OFFICIAL_SENSITIVE_Holt_Andrew_SoS_Decision_REDACTED_WEB.pdf: lingerie, Individual A to engage in sex work. ./OFFICIAL_SENSITIVE_Holt_Andrew_SoS_Decision_REDACTED_WEB.pdf- ./OFFICIAL_SENSITIVE_Holt_Andrew_SoS_Decision_REDACTED_WEB.pdf:2. His conduct as may be found proven at Allegation 1 was sexually motivated. ./OFFICIAL_SENSITIVE_Holt_Andrew_SoS_Decision_REDACTED_WEB.pdf- ./OFFICIAL_SENSITIVE_Holt_Andrew_SoS_Decision_REDACTED_WEB.pdf-Mr Holt did not provide a substantive response to the allegations, nor did he make any ./OFFICIAL_SENSITIVE_Holt_Andrew_SoS_Decision_REDACTED_WEB.pdf-admissions. He did provide a written statement (as referred to below), which the panel ./OFFICIAL_SENSITIVE_Holt_Andrew_SoS_Decision_REDACTED_WEB.pdf-took into account. ./OFFICIAL_SENSITIVE_Holt_Andrew_SoS_Decision_REDACTED_WEB.pdf- ./OFFICIAL_SENSITIVE_Holt_Andrew_SoS_Decision_REDACTED_WEB.pdf- ./OFFICIAL_SENSITIVE_Holt_Andrew_SoS_Decision_REDACTED_WEB.pdf-Preliminary applications ./OFFICIAL_SENSITIVE_Holt_Andrew_SoS_Decision_REDACTED_WEB.pdf-Application to admit an additional document ./OFFICIAL_SENSITIVE_Holt_Andrew_SoS_Decision_REDACTED_WEB.pdf- ./OFFICIAL_SENSITIVE_Holt_Andrew_SoS_Decision_REDACTED_WEB.pdf-Although Mr Holt did not attend the hearing, he provided an additional document for the -- ./OFFICIAL_SENSITIVE_Holt_Andrew_SoS_Decision_REDACTED_WEB.pdf-In the course of listening to her oral evidence, the panel was impressed by her resilience ./OFFICIAL_SENSITIVE_Holt_Andrew_SoS_Decision_REDACTED_WEB.pdf-and the way in which she had taken steps to positively change her life in recent years. ./OFFICIAL_SENSITIVE_Holt_Andrew_SoS_Decision_REDACTED_WEB.pdf- ./OFFICIAL_SENSITIVE_Holt_Andrew_SoS_Decision_REDACTED_WEB.pdf-By way of background, Individual A explained that she met Mr Holt through a ‘sugar ./OFFICIAL_SENSITIVE_Holt_Andrew_SoS_Decision_REDACTED_WEB.pdf-daddy’ website called ‘Seeking Arrangements’. Individual A stated that she and Mr Holt ./OFFICIAL_SENSITIVE_Holt_Andrew_SoS_Decision_REDACTED_WEB.pdf-had decided upon an arrangement whereby Mr Holt would provide her with clothes, food ./OFFICIAL_SENSITIVE_Holt_Andrew_SoS_Decision_REDACTED_WEB.pdf-and money for her rent. As part of the arrangement, there was an expectation that ./OFFICIAL_SENSITIVE_Holt_Andrew_SoS_Decision_REDACTED_WEB.pdf-Individual A and Mr Holt would meet once a week, which Individual A stated then became ./OFFICIAL_SENSITIVE_Holt_Andrew_SoS_Decision_REDACTED_WEB.pdf-more frequent, and there were also weekends away. Individual A said: “You would have ./OFFICIAL_SENSITIVE_Holt_Andrew_SoS_Decision_REDACTED_WEB.pdf:to have sex, but I could do, or not do, anything I wanted”. ./OFFICIAL_SENSITIVE_Holt_Andrew_SoS_Decision_REDACTED_WEB.pdf- ./OFFICIAL_SENSITIVE_Holt_Andrew_SoS_Decision_REDACTED_WEB.pdf-The panel first considered whether Mr Holt supplied and/or funded a class A controlled ./OFFICIAL_SENSITIVE_Holt_Andrew_SoS_Decision_REDACTED_WEB.pdf-substance to Individual A. There was no evidence before the panel that Mr Holt supplied ./OFFICIAL_SENSITIVE_Holt_Andrew_SoS_Decision_REDACTED_WEB.pdf-Individual A with a class A controlled substance. Individual A told the panel that Mr Holt ./OFFICIAL_SENSITIVE_Holt_Andrew_SoS_Decision_REDACTED_WEB.pdf-had never supplied her with a class A controlled substance. The panel therefore turned ./OFFICIAL_SENSITIVE_Holt_Andrew_SoS_Decision_REDACTED_WEB.pdf-its mind to consider whether Mr Holt funded a class A controlled substance to Individual ./OFFICIAL_SENSITIVE_Holt_Andrew_SoS_Decision_REDACTED_WEB.pdf-A. ./OFFICIAL_SENSITIVE_Holt_Andrew_SoS_Decision_REDACTED_WEB.pdf- ./OFFICIAL_SENSITIVE_Holt_Andrew_SoS_Decision_REDACTED_WEB.pdf-Individual A’s evidence was that, around 2 years after the arrangement with Mr Holt ./OFFICIAL_SENSITIVE_Holt_Andrew_SoS_Decision_REDACTED_WEB.pdf-began, she and Mr Holt started taking cocaine together. Individual A explained that she -- ./OFFICIAL_SENSITIVE_Holt_Andrew_SoS_Decision_REDACTED_WEB.pdf-cocaine) before she met Mr Holt. She felt that she used to have control over taking drugs ./OFFICIAL_SENSITIVE_Holt_Andrew_SoS_Decision_REDACTED_WEB.pdf-(partly as a result of her limited financial means) and would take them because she ./OFFICIAL_SENSITIVE_Holt_Andrew_SoS_Decision_REDACTED_WEB.pdf-wanted to, rather than because she needed to. However, this changed when she started ./OFFICIAL_SENSITIVE_Holt_Andrew_SoS_Decision_REDACTED_WEB.pdf-taking cocaine with Mr Holt. ./OFFICIAL_SENSITIVE_Holt_Andrew_SoS_Decision_REDACTED_WEB.pdf- ./OFFICIAL_SENSITIVE_Holt_Andrew_SoS_Decision_REDACTED_WEB.pdf-Individual A explained that the availability of funds from Mr Holt to buy cocaine led to a ./OFFICIAL_SENSITIVE_Holt_Andrew_SoS_Decision_REDACTED_WEB.pdf-greater dependency for her. She was able to buy cocaine more frequently and they ./OFFICIAL_SENSITIVE_Holt_Andrew_SoS_Decision_REDACTED_WEB.pdf-began taking larger amounts together on a regular basis as outlined above. She felt that ./OFFICIAL_SENSITIVE_Holt_Andrew_SoS_Decision_REDACTED_WEB.pdf-it became a “need” rather than a “want”. In her written statement Individual A said that ./OFFICIAL_SENSITIVE_Holt_Andrew_SoS_Decision_REDACTED_WEB.pdf-she became dependent on drugs and felt she had to see Mr Holt because of the drugs, ./OFFICIAL_SENSITIVE_Holt_Andrew_SoS_Decision_REDACTED_WEB.pdf:whereas she felt he was hoping to have sex with her. ./OFFICIAL_SENSITIVE_Holt_Andrew_SoS_Decision_REDACTED_WEB.pdf- ./OFFICIAL_SENSITIVE_Holt_Andrew_SoS_Decision_REDACTED_WEB.pdf-Individual A submitted that she told Mr Holt [REDACTED] and wanted to escape that way ./OFFICIAL_SENSITIVE_Holt_Andrew_SoS_Decision_REDACTED_WEB.pdf-of life, but that Mr Holt was aware of her drug dependency and she believed he would ./OFFICIAL_SENSITIVE_Holt_Andrew_SoS_Decision_REDACTED_WEB.pdf-message her when he knew she would be craving drugs. ./OFFICIAL_SENSITIVE_Holt_Andrew_SoS_Decision_REDACTED_WEB.pdf- ./OFFICIAL_SENSITIVE_Holt_Andrew_SoS_Decision_REDACTED_WEB.pdf-The panel was provided with a screenshot email exchange between Mr Holt and ./OFFICIAL_SENSITIVE_Holt_Andrew_SoS_Decision_REDACTED_WEB.pdf-Individual A on 27 April 2020 where they discussed meeting after some time apart. ./OFFICIAL_SENSITIVE_Holt_Andrew_SoS_Decision_REDACTED_WEB.pdf-Individual A stated: “I have started craving not long ago I don’t know if it’s a good idea to ./OFFICIAL_SENSITIVE_Holt_Andrew_SoS_Decision_REDACTED_WEB.pdf-meet x”. In response to this, Mr Holt stated: “Your choice. Best I stay away while you go ./OFFICIAL_SENSITIVE_Holt_Andrew_SoS_Decision_REDACTED_WEB.pdf-through withdrawal or would you like me to come down?” -- ./OFFICIAL_SENSITIVE_Holt_Andrew_SoS_Decision_REDACTED_WEB.pdf-dependency on cocaine and was likely to relapse if she used that substance. This was on ./OFFICIAL_SENSITIVE_Holt_Andrew_SoS_Decision_REDACTED_WEB.pdf-the basis that: (a) Mr Holt had taken cocaine with Individual A on a regular basis and (b) ./OFFICIAL_SENSITIVE_Holt_Andrew_SoS_Decision_REDACTED_WEB.pdf-the language used in the email exchange referred to above suggested that Mr Holt ./OFFICIAL_SENSITIVE_Holt_Andrew_SoS_Decision_REDACTED_WEB.pdf-understood Individual A’s dependency and potential to relapse, given the use of words ./OFFICIAL_SENSITIVE_Holt_Andrew_SoS_Decision_REDACTED_WEB.pdf-such as “withdrawal” and “craving”. ./OFFICIAL_SENSITIVE_Holt_Andrew_SoS_Decision_REDACTED_WEB.pdf- ./OFFICIAL_SENSITIVE_Holt_Andrew_SoS_Decision_REDACTED_WEB.pdf-The panel found allegation 1b) proven. ./OFFICIAL_SENSITIVE_Holt_Andrew_SoS_Decision_REDACTED_WEB.pdf- ./OFFICIAL_SENSITIVE_Holt_Andrew_SoS_Decision_REDACTED_WEB.pdf- c) you were engaged in a relationship with Individual A whereby you ./OFFICIAL_SENSITIVE_Holt_Andrew_SoS_Decision_REDACTED_WEB.pdf- exchanged benefits (included but not limited to money and/or controlled ./OFFICIAL_SENSITIVE_Holt_Andrew_SoS_Decision_REDACTED_WEB.pdf: substances) wholly or partly in return for sexual activity with her; ./OFFICIAL_SENSITIVE_Holt_Andrew_SoS_Decision_REDACTED_WEB.pdf- ./OFFICIAL_SENSITIVE_Holt_Andrew_SoS_Decision_REDACTED_WEB.pdf-As referred to above, Individual A explained that she had an arrangement with Mr Holt ./OFFICIAL_SENSITIVE_Holt_Andrew_SoS_Decision_REDACTED_WEB.pdf-whereby he would provide her with clothes, food and money. As part of the arrangement, ./OFFICIAL_SENSITIVE_Holt_Andrew_SoS_Decision_REDACTED_WEB.pdf:they also engaged in a sexual relationship, met up and travelled together. ./OFFICIAL_SENSITIVE_Holt_Andrew_SoS_Decision_REDACTED_WEB.pdf- ./OFFICIAL_SENSITIVE_Holt_Andrew_SoS_Decision_REDACTED_WEB.pdf-It was clear to the panel that Individual A’s view was that Mr Holt provided her with ./OFFICIAL_SENSITIVE_Holt_Andrew_SoS_Decision_REDACTED_WEB.pdf:money and other benefits in exchange for sex. Individual A told the panel that, whilst she ./OFFICIAL_SENSITIVE_Holt_Andrew_SoS_Decision_REDACTED_WEB.pdf:did have a sexual relationship with Mr Holt, it did not persist throughout the entirety of the ./OFFICIAL_SENSITIVE_Holt_Andrew_SoS_Decision_REDACTED_WEB.pdf:arrangement; towards the end she did not want to have sex with Mr Holt but they ./OFFICIAL_SENSITIVE_Holt_Andrew_SoS_Decision_REDACTED_WEB.pdf-continued to meet up and take drugs together. ./OFFICIAL_SENSITIVE_Holt_Andrew_SoS_Decision_REDACTED_WEB.pdf- ./OFFICIAL_SENSITIVE_Holt_Andrew_SoS_Decision_REDACTED_WEB.pdf:In his written statement, Mr Holt also referred to there being a “sexual stage” of their ./OFFICIAL_SENSITIVE_Holt_Andrew_SoS_Decision_REDACTED_WEB.pdf-relationship and acknowledged that, as the relationship progressed, Individual A no ./OFFICIAL_SENSITIVE_Holt_Andrew_SoS_Decision_REDACTED_WEB.pdf:longer wanted to have sex with him. Mr Holt denied that he had paid for sex; he said he ./OFFICIAL_SENSITIVE_Holt_Andrew_SoS_Decision_REDACTED_WEB.pdf:made it clear that the money was not for sex and he carried on the relationship when it ./OFFICIAL_SENSITIVE_Holt_Andrew_SoS_Decision_REDACTED_WEB.pdf:was no longer sexual. ./OFFICIAL_SENSITIVE_Holt_Andrew_SoS_Decision_REDACTED_WEB.pdf- ./OFFICIAL_SENSITIVE_Holt_Andrew_SoS_Decision_REDACTED_WEB.pdf-The panel accepted that there were periods during the arrangement where there was no ./OFFICIAL_SENSITIVE_Holt_Andrew_SoS_Decision_REDACTED_WEB.pdf:sexual relationship. However, it did not consider that this fact precluded it from finding the ./OFFICIAL_SENSITIVE_Holt_Andrew_SoS_Decision_REDACTED_WEB.pdf-allegation proven. It was clear to the panel that benefits (including money) were ./OFFICIAL_SENSITIVE_Holt_Andrew_SoS_Decision_REDACTED_WEB.pdf:exchanged for sex at some point during the arrangement, although the panel did not find ./OFFICIAL_SENSITIVE_Holt_Andrew_SoS_Decision_REDACTED_WEB.pdf-that Mr Holt provided Individual A with controlled substances. ./OFFICIAL_SENSITIVE_Holt_Andrew_SoS_Decision_REDACTED_WEB.pdf- ./OFFICIAL_SENSITIVE_Holt_Andrew_SoS_Decision_REDACTED_WEB.pdf-The panel therefore concluded that Mr Holt engaged in a relationship with Individual A ./OFFICIAL_SENSITIVE_Holt_Andrew_SoS_Decision_REDACTED_WEB.pdf-whereby he exchanged benefits (including but not limited to money) wholly or partly in ./OFFICIAL_SENSITIVE_Holt_Andrew_SoS_Decision_REDACTED_WEB.pdf:return for sexual activity with her ./OFFICIAL_SENSITIVE_Holt_Andrew_SoS_Decision_REDACTED_WEB.pdf- ./OFFICIAL_SENSITIVE_Holt_Andrew_SoS_Decision_REDACTED_WEB.pdf- ./OFFICIAL_SENSITIVE_Holt_Andrew_SoS_Decision_REDACTED_WEB.pdf- 11 ./OFFICIAL_SENSITIVE_Holt_Andrew_SoS_Decision_REDACTED_WEB.pdf- -- ./OFFICIAL_SENSITIVE_Holt_Andrew_SoS_Decision_REDACTED_WEB.pdf- d) you encouraged and/or facilitated, including through the purchase of ./OFFICIAL_SENSITIVE_Holt_Andrew_SoS_Decision_REDACTED_WEB.pdf: condoms and lingerie, Individual A to engage in sex work. ./OFFICIAL_SENSITIVE_Holt_Andrew_SoS_Decision_REDACTED_WEB.pdf- ./OFFICIAL_SENSITIVE_Holt_Andrew_SoS_Decision_REDACTED_WEB.pdf:Individual A explained that she undertook sex work prior to and during her arrangement ./OFFICIAL_SENSITIVE_Holt_Andrew_SoS_Decision_REDACTED_WEB.pdf-with Mr Holt. ./OFFICIAL_SENSITIVE_Holt_Andrew_SoS_Decision_REDACTED_WEB.pdf- ./OFFICIAL_SENSITIVE_Holt_Andrew_SoS_Decision_REDACTED_WEB.pdf:In her written statement she said: “[Mr Holt] never tried to talk me out of sex work. He ./OFFICIAL_SENSITIVE_Holt_Andrew_SoS_Decision_REDACTED_WEB.pdf-encouraged it. He said if you want to do it, that’s cool. I would talk of the money side. He ./OFFICIAL_SENSITIVE_Holt_Andrew_SoS_Decision_REDACTED_WEB.pdf-would get me lingerie for escorting. A couple of times I asked for £20 to buy condoms ./OFFICIAL_SENSITIVE_Holt_Andrew_SoS_Decision_REDACTED_WEB.pdf-and he would provide that.” ./OFFICIAL_SENSITIVE_Holt_Andrew_SoS_Decision_REDACTED_WEB.pdf- ./OFFICIAL_SENSITIVE_Holt_Andrew_SoS_Decision_REDACTED_WEB.pdf-In her oral evidence Individual A alleged that Mr Holt would pay for accommodation, and ./OFFICIAL_SENSITIVE_Holt_Andrew_SoS_Decision_REDACTED_WEB.pdf:drive her there, so that she could undertake sex work. This was not mentioned in ./OFFICIAL_SENSITIVE_Holt_Andrew_SoS_Decision_REDACTED_WEB.pdf-Individual A’s written statement. ./OFFICIAL_SENSITIVE_Holt_Andrew_SoS_Decision_REDACTED_WEB.pdf- ./OFFICIAL_SENSITIVE_Holt_Andrew_SoS_Decision_REDACTED_WEB.pdf-The panel found Individual A’s evidence to be inconsistent in this regard. ./OFFICIAL_SENSITIVE_Holt_Andrew_SoS_Decision_REDACTED_WEB.pdf- ./OFFICIAL_SENSITIVE_Holt_Andrew_SoS_Decision_REDACTED_WEB.pdf-The panel was mindful that it had been asked to decide whether Mr Holt had ./OFFICIAL_SENSITIVE_Holt_Andrew_SoS_Decision_REDACTED_WEB.pdf:“encouraged and/or facilitated” Individual A engaging in sex work. ./OFFICIAL_SENSITIVE_Holt_Andrew_SoS_Decision_REDACTED_WEB.pdf- ./OFFICIAL_SENSITIVE_Holt_Andrew_SoS_Decision_REDACTED_WEB.pdf:The panel did not consider Mr Holt encouraged and/or facilitated sex work simply by not ./OFFICIAL_SENSITIVE_Holt_Andrew_SoS_Decision_REDACTED_WEB.pdf:attempting to talk Individual A out of undertaking sex work, or stating “if you want to do it, ./OFFICIAL_SENSITIVE_Holt_Andrew_SoS_Decision_REDACTED_WEB.pdf-that’s cool”. Furthermore, whilst the panel accepted that, as part of their arrangement, Mr ./OFFICIAL_SENSITIVE_Holt_Andrew_SoS_Decision_REDACTED_WEB.pdf-Holt gave Individual A money and bought her things, it did not follow that doing so meant ./OFFICIAL_SENSITIVE_Holt_Andrew_SoS_Decision_REDACTED_WEB.pdf:that Mr Holt was encouraging or facilitating sex work. Mr Holt might not have appreciated ./OFFICIAL_SENSITIVE_Holt_Andrew_SoS_Decision_REDACTED_WEB.pdf:that the money or gifts were being used for sex work. ./OFFICIAL_SENSITIVE_Holt_Andrew_SoS_Decision_REDACTED_WEB.pdf- ./OFFICIAL_SENSITIVE_Holt_Andrew_SoS_Decision_REDACTED_WEB.pdf-On balance, the panel did not did not consider that there was sufficient evidence to find ./OFFICIAL_SENSITIVE_Holt_Andrew_SoS_Decision_REDACTED_WEB.pdf-allegation 1d) proven on the balance of probabilities. The panel found allegation 1d) not ./OFFICIAL_SENSITIVE_Holt_Andrew_SoS_Decision_REDACTED_WEB.pdf-proven. ./OFFICIAL_SENSITIVE_Holt_Andrew_SoS_Decision_REDACTED_WEB.pdf- ./OFFICIAL_SENSITIVE_Holt_Andrew_SoS_Decision_REDACTED_WEB.pdf-In summary, the panel found allegations 1a), 1b) and 1c) proven. The panel did not find ./OFFICIAL_SENSITIVE_Holt_Andrew_SoS_Decision_REDACTED_WEB.pdf-allegation 1d) proven. ./OFFICIAL_SENSITIVE_Holt_Andrew_SoS_Decision_REDACTED_WEB.pdf- ./OFFICIAL_SENSITIVE_Holt_Andrew_SoS_Decision_REDACTED_WEB.pdf:2. Your conduct as may be found proven at Allegation 1 was sexually motivated. ./OFFICIAL_SENSITIVE_Holt_Andrew_SoS_Decision_REDACTED_WEB.pdf- ./OFFICIAL_SENSITIVE_Holt_Andrew_SoS_Decision_REDACTED_WEB.pdf-The panel considered whether Mr Holt’s conduct at allegations 1(a), 1(b) and 1(c) was ./OFFICIAL_SENSITIVE_Holt_Andrew_SoS_Decision_REDACTED_WEB.pdf:sexually motivated. ./OFFICIAL_SENSITIVE_Holt_Andrew_SoS_Decision_REDACTED_WEB.pdf- ./OFFICIAL_SENSITIVE_Holt_Andrew_SoS_Decision_REDACTED_WEB.pdf-The panel’s attention was drawn to section 78 of the Sexual Offences Act 2003 and to ./OFFICIAL_SENSITIVE_Holt_Andrew_SoS_Decision_REDACTED_WEB.pdf-the cases of Sait v The General Medical Council [2018], Basson v General Medical ./OFFICIAL_SENSITIVE_Holt_Andrew_SoS_Decision_REDACTED_WEB.pdf-Council [2018] and The General Medical Council v Haris [2020] EWHC 2518. ./OFFICIAL_SENSITIVE_Holt_Andrew_SoS_Decision_REDACTED_WEB.pdf- ./OFFICIAL_SENSITIVE_Holt_Andrew_SoS_Decision_REDACTED_WEB.pdf:The panel considered whether the conduct was sexually motivated. It noted that in ./OFFICIAL_SENSITIVE_Holt_Andrew_SoS_Decision_REDACTED_WEB.pdf:Basson it was stated that “A sexual motive means that the conduct was done either in ./OFFICIAL_SENSITIVE_Holt_Andrew_SoS_Decision_REDACTED_WEB.pdf:pursuit of sexual gratification or in pursuit of a sexual relationship”. The panel further ./OFFICIAL_SENSITIVE_Holt_Andrew_SoS_Decision_REDACTED_WEB.pdf- ./OFFICIAL_SENSITIVE_Holt_Andrew_SoS_Decision_REDACTED_WEB.pdf- 12 ./OFFICIAL_SENSITIVE_Holt_Andrew_SoS_Decision_REDACTED_WEB.pdf- -- ./OFFICIAL_SENSITIVE_Holt_Andrew_SoS_Decision_REDACTED_WEB.pdf-considered that in Haris, the High Court indicated that the criteria in Basson sets the bar ./OFFICIAL_SENSITIVE_Holt_Andrew_SoS_Decision_REDACTED_WEB.pdf-too high. Foster J stated: ./OFFICIAL_SENSITIVE_Holt_Andrew_SoS_Decision_REDACTED_WEB.pdf- ./OFFICIAL_SENSITIVE_Holt_Andrew_SoS_Decision_REDACTED_WEB.pdf-“in the present case it is in my judgement clear beyond argument that the intimate ./OFFICIAL_SENSITIVE_Holt_Andrew_SoS_Decision_REDACTED_WEB.pdf:touching of Patients A and B was sexual and that answering a question as to the ./OFFICIAL_SENSITIVE_Holt_Andrew_SoS_Decision_REDACTED_WEB.pdf-motivation of the toucher, the only available answer, is yes, the motivation must have ./OFFICIAL_SENSITIVE_Holt_Andrew_SoS_Decision_REDACTED_WEB.pdf:been sexual[…]” ./OFFICIAL_SENSITIVE_Holt_Andrew_SoS_Decision_REDACTED_WEB.pdf- ./OFFICIAL_SENSITIVE_Holt_Andrew_SoS_Decision_REDACTED_WEB.pdf-“Of course, there are significant differences in the context and the analogy is not exact, ./OFFICIAL_SENSITIVE_Holt_Andrew_SoS_Decision_REDACTED_WEB.pdf:but it does seem to me that pleading ‘sexual motivation’ is unhelpful. Similarly to look for ./OFFICIAL_SENSITIVE_Holt_Andrew_SoS_Decision_REDACTED_WEB.pdf:‘sexual gratification” may be misleading or overcomplicating. It is irrelevant to the actions ./OFFICIAL_SENSITIVE_Holt_Andrew_SoS_Decision_REDACTED_WEB.pdf:which the GMC would wish to proscribe whether or not the perpetrator was sexually ./OFFICIAL_SENSITIVE_Holt_Andrew_SoS_Decision_REDACTED_WEB.pdf-“gratified” at all – whether before, after or during the act in question. Gratification, as with ./OFFICIAL_SENSITIVE_Holt_Andrew_SoS_Decision_REDACTED_WEB.pdf-“pursuit of a relationship” are, pace the analysis of Mostyn J in Basson, not helpful in my ./OFFICIAL_SENSITIVE_Holt_Andrew_SoS_Decision_REDACTED_WEB.pdf-judgement in promoting the public interests at stake here. These criteria set the bar too ./OFFICIAL_SENSITIVE_Holt_Andrew_SoS_Decision_REDACTED_WEB.pdf-high and I respectfully disagree that they represent the law”. ./OFFICIAL_SENSITIVE_Holt_Andrew_SoS_Decision_REDACTED_WEB.pdf- ./OFFICIAL_SENSITIVE_Holt_Andrew_SoS_Decision_REDACTED_WEB.pdf:“Had the touching been pleaded as being ‘sexual’ and had the Tribunal asked ./OFFICIAL_SENSITIVE_Holt_Andrew_SoS_Decision_REDACTED_WEB.pdf-themselves whether in all the circumstances, which includes the absence of accident[…] ./OFFICIAL_SENSITIVE_Holt_Andrew_SoS_Decision_REDACTED_WEB.pdf-absence of consent […] and any other clinical or other proper justification […] then it ./OFFICIAL_SENSITIVE_Holt_Andrew_SoS_Decision_REDACTED_WEB.pdf-seems to me impossible they would have reached any conclusion other than that the ./OFFICIAL_SENSITIVE_Holt_Andrew_SoS_Decision_REDACTED_WEB.pdf:touching was sexual”. ./OFFICIAL_SENSITIVE_Holt_Andrew_SoS_Decision_REDACTED_WEB.pdf- ./OFFICIAL_SENSITIVE_Holt_Andrew_SoS_Decision_REDACTED_WEB.pdf-On examination of the documents before the panel and consideration of the wider ./OFFICIAL_SENSITIVE_Holt_Andrew_SoS_Decision_REDACTED_WEB.pdf-documentary and oral evidence, the panel concluded that Mr Holt’s conduct as set out in ./OFFICIAL_SENSITIVE_Holt_Andrew_SoS_Decision_REDACTED_WEB.pdf:allegations 1a), 1b) and 1c) was sexually motivated. The panel was of the view that a ./OFFICIAL_SENSITIVE_Holt_Andrew_SoS_Decision_REDACTED_WEB.pdf:sexual relationship was the key and original motivation for Mr Holt’s conduct. It noted that ./OFFICIAL_SENSITIVE_Holt_Andrew_SoS_Decision_REDACTED_WEB.pdf:there was a sexual relationship between Mr Holt and Individual A which was part of their ./OFFICIAL_SENSITIVE_Holt_Andrew_SoS_Decision_REDACTED_WEB.pdf-arrangement (albeit not throughout the entirety of the arrangement). The panel therefore ./OFFICIAL_SENSITIVE_Holt_Andrew_SoS_Decision_REDACTED_WEB.pdf-found that Mr Holt’s conduct as found proven at allegations 1a), 1b) and 1c) was in ./OFFICIAL_SENSITIVE_Holt_Andrew_SoS_Decision_REDACTED_WEB.pdf:pursuit of a sexual relationship and/or was sexually motivated. ./OFFICIAL_SENSITIVE_Holt_Andrew_SoS_Decision_REDACTED_WEB.pdf- ./OFFICIAL_SENSITIVE_Holt_Andrew_SoS_Decision_REDACTED_WEB.pdf-Findings as to unacceptable professional conduct and/or conduct that ./OFFICIAL_SENSITIVE_Holt_Andrew_SoS_Decision_REDACTED_WEB.pdf-may bring the profession into disrepute ./OFFICIAL_SENSITIVE_Holt_Andrew_SoS_Decision_REDACTED_WEB.pdf- ./OFFICIAL_SENSITIVE_Holt_Andrew_SoS_Decision_REDACTED_WEB.pdf-Having found allegations 1a), 1b), 1c) and 2 proven, the panel went on to consider ./OFFICIAL_SENSITIVE_Holt_Andrew_SoS_Decision_REDACTED_WEB.pdf-whether the facts of those proved allegations amounted to unacceptable professional ./OFFICIAL_SENSITIVE_Holt_Andrew_SoS_Decision_REDACTED_WEB.pdf-conduct and/or conduct that may bring the profession into disrepute. ./OFFICIAL_SENSITIVE_Holt_Andrew_SoS_Decision_REDACTED_WEB.pdf- ./OFFICIAL_SENSITIVE_Holt_Andrew_SoS_Decision_REDACTED_WEB.pdf-In doing so, the panel had regard to the document Teacher Misconduct: The Prohibition ./OFFICIAL_SENSITIVE_Holt_Andrew_SoS_Decision_REDACTED_WEB.pdf-of Teachers, which is referred to as ‘the Advice’. -- ./OFFICIAL_SENSITIVE_Holt_Andrew_SoS_Decision_REDACTED_WEB.pdf-and that prohibition strikes the right balance between the rights of the teacher and the ./OFFICIAL_SENSITIVE_Holt_Andrew_SoS_Decision_REDACTED_WEB.pdf-public interest, if they are in conflict. ./OFFICIAL_SENSITIVE_Holt_Andrew_SoS_Decision_REDACTED_WEB.pdf- ./OFFICIAL_SENSITIVE_Holt_Andrew_SoS_Decision_REDACTED_WEB.pdf-The panel’s findings against Mr Holt were serious and involved funding a class A ./OFFICIAL_SENSITIVE_Holt_Andrew_SoS_Decision_REDACTED_WEB.pdf-controlled substance to Individual A in circumstances where she was vulnerable and had ./OFFICIAL_SENSITIVE_Holt_Andrew_SoS_Decision_REDACTED_WEB.pdf-a drug dependency and entering into an arrangement with Individual A whereby he ./OFFICIAL_SENSITIVE_Holt_Andrew_SoS_Decision_REDACTED_WEB.pdf:exchanged benefits (including money) in return for sexual activity. As such, there was a ./OFFICIAL_SENSITIVE_Holt_Andrew_SoS_Decision_REDACTED_WEB.pdf-strong public interest consideration in that the public confidence in the profession could ./OFFICIAL_SENSITIVE_Holt_Andrew_SoS_Decision_REDACTED_WEB.pdf-be seriously weakened if conduct such as that found against Mr Holt was not treated with ./OFFICIAL_SENSITIVE_Holt_Andrew_SoS_Decision_REDACTED_WEB.pdf-the utmost seriousness when regulating the conduct of the profession. ./OFFICIAL_SENSITIVE_Holt_Andrew_SoS_Decision_REDACTED_WEB.pdf- ./OFFICIAL_SENSITIVE_Holt_Andrew_SoS_Decision_REDACTED_WEB.pdf-The panel was of the view that a strong public interest consideration in declaring proper ./OFFICIAL_SENSITIVE_Holt_Andrew_SoS_Decision_REDACTED_WEB.pdf-standards of conduct in the profession was also present as the conduct found against Mr ./OFFICIAL_SENSITIVE_Holt_Andrew_SoS_Decision_REDACTED_WEB.pdf-Holt was outside that which could reasonably be tolerated. ./OFFICIAL_SENSITIVE_Holt_Andrew_SoS_Decision_REDACTED_WEB.pdf- ./OFFICIAL_SENSITIVE_Holt_Andrew_SoS_Decision_REDACTED_WEB.pdf-Given the clear public interest considerations that were present, the panel considered ./OFFICIAL_SENSITIVE_Holt_Andrew_SoS_Decision_REDACTED_WEB.pdf-carefully whether or not it would be proportionate to impose a prohibition order, taking -- ./OFFICIAL_SENSITIVE_Holt_Andrew_SoS_Decision_REDACTED_WEB.pdf- ./OFFICIAL_SENSITIVE_Holt_Andrew_SoS_Decision_REDACTED_WEB.pdf-In carrying out the balancing exercise, the panel had regard to the public interest ./OFFICIAL_SENSITIVE_Holt_Andrew_SoS_Decision_REDACTED_WEB.pdf-considerations both in favour of, and against, prohibition as well as the interests of Mr ./OFFICIAL_SENSITIVE_Holt_Andrew_SoS_Decision_REDACTED_WEB.pdf-Holt. The panel took further account of the Advice, which suggests that a prohibition ./OFFICIAL_SENSITIVE_Holt_Andrew_SoS_Decision_REDACTED_WEB.pdf-order may be appropriate if certain behaviours of a teacher have been proved. In the list ./OFFICIAL_SENSITIVE_Holt_Andrew_SoS_Decision_REDACTED_WEB.pdf-of such behaviours, those that were relevant in this case were: ./OFFICIAL_SENSITIVE_Holt_Andrew_SoS_Decision_REDACTED_WEB.pdf- ./OFFICIAL_SENSITIVE_Holt_Andrew_SoS_Decision_REDACTED_WEB.pdf- • serious departure from the personal and professional conduct elements of the ./OFFICIAL_SENSITIVE_Holt_Andrew_SoS_Decision_REDACTED_WEB.pdf- Teachers’ Standards; ./OFFICIAL_SENSITIVE_Holt_Andrew_SoS_Decision_REDACTED_WEB.pdf- ./OFFICIAL_SENSITIVE_Holt_Andrew_SoS_Decision_REDACTED_WEB.pdf: • sexual misconduct, e.g. involving actions that were sexually motivated or of a ./OFFICIAL_SENSITIVE_Holt_Andrew_SoS_Decision_REDACTED_WEB.pdf: sexual nature; ./OFFICIAL_SENSITIVE_Holt_Andrew_SoS_Decision_REDACTED_WEB.pdf- ./OFFICIAL_SENSITIVE_Holt_Andrew_SoS_Decision_REDACTED_WEB.pdf-Even though some of the behaviour found proved in this case indicated that a prohibition ./OFFICIAL_SENSITIVE_Holt_Andrew_SoS_Decision_REDACTED_WEB.pdf-order would be appropriate, the panel went on to consider the mitigating factors. ./OFFICIAL_SENSITIVE_Holt_Andrew_SoS_Decision_REDACTED_WEB.pdf-Mitigating factors may indicate that a prohibition order would not be appropriate or ./OFFICIAL_SENSITIVE_Holt_Andrew_SoS_Decision_REDACTED_WEB.pdf-proportionate. ./OFFICIAL_SENSITIVE_Holt_Andrew_SoS_Decision_REDACTED_WEB.pdf- ./OFFICIAL_SENSITIVE_Holt_Andrew_SoS_Decision_REDACTED_WEB.pdf-The panel found that Mr Holt’s actions were deliberate. Furthermore, there was no ./OFFICIAL_SENSITIVE_Holt_Andrew_SoS_Decision_REDACTED_WEB.pdf-evidence to suggest that Mr Holt was acting under extreme duress. ./OFFICIAL_SENSITIVE_Holt_Andrew_SoS_Decision_REDACTED_WEB.pdf- ./OFFICIAL_SENSITIVE_Holt_Andrew_SoS_Decision_REDACTED_WEB.pdf-No evidence was submitted to attest to Mr Holt’s previous history as a teacher. As such, -- ./OFFICIAL_SENSITIVE_Holt_Andrew_SoS_Decision_REDACTED_WEB.pdf-order. Recommending that the publication of adverse findings would be sufficient would ./OFFICIAL_SENSITIVE_Holt_Andrew_SoS_Decision_REDACTED_WEB.pdf-unacceptably compromise the public interest considerations present in this case, despite ./OFFICIAL_SENSITIVE_Holt_Andrew_SoS_Decision_REDACTED_WEB.pdf-the severity of the consequences for Mr Holt of prohibition. ./OFFICIAL_SENSITIVE_Holt_Andrew_SoS_Decision_REDACTED_WEB.pdf- ./OFFICIAL_SENSITIVE_Holt_Andrew_SoS_Decision_REDACTED_WEB.pdf-The panel was of the view that prohibition was both proportionate and appropriate. The ./OFFICIAL_SENSITIVE_Holt_Andrew_SoS_Decision_REDACTED_WEB.pdf-panel decided that the public interest considerations outweighed the interests of Mr Holt. ./OFFICIAL_SENSITIVE_Holt_Andrew_SoS_Decision_REDACTED_WEB.pdf-The following factors were significant in the formation of that opinion: (a) Mr Holt’s lack of ./OFFICIAL_SENSITIVE_Holt_Andrew_SoS_Decision_REDACTED_WEB.pdf-insight and remorse; (b) the fact that Mr Holt funded a class A controlled substance to ./OFFICIAL_SENSITIVE_Holt_Andrew_SoS_Decision_REDACTED_WEB.pdf-Individual A when she was vulnerable and had a drug dependency; (c) Mr Holt’s ./OFFICIAL_SENSITIVE_Holt_Andrew_SoS_Decision_REDACTED_WEB.pdf-arrangement with Individual A whereby he provided benefits (including money) to ./OFFICIAL_SENSITIVE_Holt_Andrew_SoS_Decision_REDACTED_WEB.pdf:Individual A in exchange for sexual activity; and (d) there was evidence to suggest that ./OFFICIAL_SENSITIVE_Holt_Andrew_SoS_Decision_REDACTED_WEB.pdf-Mr Holt had engaged in taking a class A controlled substance. ./OFFICIAL_SENSITIVE_Holt_Andrew_SoS_Decision_REDACTED_WEB.pdf- ./OFFICIAL_SENSITIVE_Holt_Andrew_SoS_Decision_REDACTED_WEB.pdf-Accordingly, the panel made a recommendation to the Secretary of State that a ./OFFICIAL_SENSITIVE_Holt_Andrew_SoS_Decision_REDACTED_WEB.pdf-prohibition order should be imposed with immediate effect. ./OFFICIAL_SENSITIVE_Holt_Andrew_SoS_Decision_REDACTED_WEB.pdf- ./OFFICIAL_SENSITIVE_Holt_Andrew_SoS_Decision_REDACTED_WEB.pdf-The panel went on to consider whether or not it would be appropriate for it to decide to ./OFFICIAL_SENSITIVE_Holt_Andrew_SoS_Decision_REDACTED_WEB.pdf-recommend a review period of the order. The panel was mindful that the Advice states ./OFFICIAL_SENSITIVE_Holt_Andrew_SoS_Decision_REDACTED_WEB.pdf-that a prohibition order applies for life, but there may be circumstances, in any given ./OFFICIAL_SENSITIVE_Holt_Andrew_SoS_Decision_REDACTED_WEB.pdf-case, that may make it appropriate to allow a teacher to apply to have the prohibition ./OFFICIAL_SENSITIVE_Holt_Andrew_SoS_Decision_REDACTED_WEB.pdf-order reviewed after a specified period of time that may not be less than 2 years. ./OFFICIAL_SENSITIVE_Holt_Andrew_SoS_Decision_REDACTED_WEB.pdf- ./OFFICIAL_SENSITIVE_Holt_Andrew_SoS_Decision_REDACTED_WEB.pdf-The Advice indicates that there are behaviours that, if proved, would militate against the ./OFFICIAL_SENSITIVE_Holt_Andrew_SoS_Decision_REDACTED_WEB.pdf-recommendation of a review period. The panel found Mr Holt had not committed any of ./OFFICIAL_SENSITIVE_Holt_Andrew_SoS_Decision_REDACTED_WEB.pdf-the behaviours set out at paragraph 50 of the Advice. In reaching this conclusion, the ./OFFICIAL_SENSITIVE_Holt_Andrew_SoS_Decision_REDACTED_WEB.pdf:panel considered that, whilst Mr Holt had engaged in sexual misconduct, it did not ./OFFICIAL_SENSITIVE_Holt_Andrew_SoS_Decision_REDACTED_WEB.pdf:amount to serious sexual misconduct per se, particularly given that his arrangement with ./OFFICIAL_SENSITIVE_Holt_Andrew_SoS_Decision_REDACTED_WEB.pdf- ./OFFICIAL_SENSITIVE_Holt_Andrew_SoS_Decision_REDACTED_WEB.pdf- ./OFFICIAL_SENSITIVE_Holt_Andrew_SoS_Decision_REDACTED_WEB.pdf- 17 ./OFFICIAL_SENSITIVE_Holt_Andrew_SoS_Decision_REDACTED_WEB.pdf- -- ./OFFICIAL_SENSITIVE_Holt_Andrew_SoS_Decision_REDACTED_WEB.pdf- • Teachers must have an understanding of, and always act within, the statutory ./OFFICIAL_SENSITIVE_Holt_Andrew_SoS_Decision_REDACTED_WEB.pdf- frameworks which set out their professional duties and responsibilities. ./OFFICIAL_SENSITIVE_Holt_Andrew_SoS_Decision_REDACTED_WEB.pdf- ./OFFICIAL_SENSITIVE_Holt_Andrew_SoS_Decision_REDACTED_WEB.pdf-The panel finds that the conduct of Mr Holt fell significantly short of the standards ./OFFICIAL_SENSITIVE_Holt_Andrew_SoS_Decision_REDACTED_WEB.pdf-expected of the profession. ./OFFICIAL_SENSITIVE_Holt_Andrew_SoS_Decision_REDACTED_WEB.pdf- ./OFFICIAL_SENSITIVE_Holt_Andrew_SoS_Decision_REDACTED_WEB.pdf-The findings of misconduct are particularly serious as they involved funding a class A ./OFFICIAL_SENSITIVE_Holt_Andrew_SoS_Decision_REDACTED_WEB.pdf-controlled substance to Individual A in circumstances where she was vulnerable and had ./OFFICIAL_SENSITIVE_Holt_Andrew_SoS_Decision_REDACTED_WEB.pdf-a drug dependency and entering into an arrangement with Individual A whereby Mr Holt ./OFFICIAL_SENSITIVE_Holt_Andrew_SoS_Decision_REDACTED_WEB.pdf:exchanged benefits (including money) in return for sexual activity. ./OFFICIAL_SENSITIVE_Holt_Andrew_SoS_Decision_REDACTED_WEB.pdf- ./OFFICIAL_SENSITIVE_Holt_Andrew_SoS_Decision_REDACTED_WEB.pdf-I have to determine whether the imposition of a prohibition order is proportionate and in ./OFFICIAL_SENSITIVE_Holt_Andrew_SoS_Decision_REDACTED_WEB.pdf-the public interest. In considering that for this case, I have considered the overall aim of a ./OFFICIAL_SENSITIVE_Holt_Andrew_SoS_Decision_REDACTED_WEB.pdf-prohibition order which is to protect pupils and to maintain public confidence in the ./OFFICIAL_SENSITIVE_Holt_Andrew_SoS_Decision_REDACTED_WEB.pdf-profession. I have considered the extent to which a prohibition order in this case would ./OFFICIAL_SENSITIVE_Holt_Andrew_SoS_Decision_REDACTED_WEB.pdf-achieve that aim taking into account the impact that it will have on the individual teacher. ./OFFICIAL_SENSITIVE_Holt_Andrew_SoS_Decision_REDACTED_WEB.pdf-I have also asked myself, whether a less intrusive measure, such as the published ./OFFICIAL_SENSITIVE_Holt_Andrew_SoS_Decision_REDACTED_WEB.pdf-finding of unacceptable professional conduct and conduct that may bring the profession ./OFFICIAL_SENSITIVE_Holt_Andrew_SoS_Decision_REDACTED_WEB.pdf-into disrepute, would itself be sufficient to achieve the overall aim. I have to consider ./OFFICIAL_SENSITIVE_Holt_Andrew_SoS_Decision_REDACTED_WEB.pdf-whether the consequences of such a publication are themselves sufficient. I have -- ./OFFICIAL_SENSITIVE_Holt_Andrew_SoS_Decision_REDACTED_WEB.pdf:case, along with sexual misconduct and the impact that such a finding has on the ./OFFICIAL_SENSITIVE_Holt_Andrew_SoS_Decision_REDACTED_WEB.pdf-reputation of the profession. ./OFFICIAL_SENSITIVE_Holt_Andrew_SoS_Decision_REDACTED_WEB.pdf- ./OFFICIAL_SENSITIVE_Holt_Andrew_SoS_Decision_REDACTED_WEB.pdf-I have had to consider that the public has a high expectation of professional standards of ./OFFICIAL_SENSITIVE_Holt_Andrew_SoS_Decision_REDACTED_WEB.pdf-all teachers and that the public might regard a failure to impose a prohibition order as a ./OFFICIAL_SENSITIVE_Holt_Andrew_SoS_Decision_REDACTED_WEB.pdf-failure to uphold those high standards. In weighing these considerations, I have had to ./OFFICIAL_SENSITIVE_Holt_Andrew_SoS_Decision_REDACTED_WEB.pdf-consider the matter from the point of view of an “ordinary intelligent and well-informed ./OFFICIAL_SENSITIVE_Holt_Andrew_SoS_Decision_REDACTED_WEB.pdf-citizen.” ./OFFICIAL_SENSITIVE_Holt_Andrew_SoS_Decision_REDACTED_WEB.pdf- ./OFFICIAL_SENSITIVE_Holt_Andrew_SoS_Decision_REDACTED_WEB.pdf-I have considered whether the publication of a finding of unacceptable professional ./OFFICIAL_SENSITIVE_Holt_Andrew_SoS_Decision_REDACTED_WEB.pdf-conduct, in the absence of a prohibition order, can itself be regarded by such a person as -- ./OFFICIAL_SENSITIVE_Holt_Andrew_SoS_Decision_REDACTED_WEB.pdf-A prohibition order would prevent Mr Holt from teaching. A prohibition order would also ./OFFICIAL_SENSITIVE_Holt_Andrew_SoS_Decision_REDACTED_WEB.pdf-clearly deprive the public of his contribution to the profession for the period that it is in ./OFFICIAL_SENSITIVE_Holt_Andrew_SoS_Decision_REDACTED_WEB.pdf-force. ./OFFICIAL_SENSITIVE_Holt_Andrew_SoS_Decision_REDACTED_WEB.pdf- ./OFFICIAL_SENSITIVE_Holt_Andrew_SoS_Decision_REDACTED_WEB.pdf-In this case, I have placed considerable weight on the panel’s comments, “The panel ./OFFICIAL_SENSITIVE_Holt_Andrew_SoS_Decision_REDACTED_WEB.pdf-decided that the public interest considerations outweighed the interests of Mr Holt. The ./OFFICIAL_SENSITIVE_Holt_Andrew_SoS_Decision_REDACTED_WEB.pdf-following factors were significant in the formation of that opinion: (a) Mr Holt’s lack of ./OFFICIAL_SENSITIVE_Holt_Andrew_SoS_Decision_REDACTED_WEB.pdf-insight and remorse; (b) the fact that Mr Holt funded a class A controlled substance to ./OFFICIAL_SENSITIVE_Holt_Andrew_SoS_Decision_REDACTED_WEB.pdf-Individual A when she was vulnerable and had a drug dependency; (c) Mr Holt’s ./OFFICIAL_SENSITIVE_Holt_Andrew_SoS_Decision_REDACTED_WEB.pdf-arrangement with Individual A whereby he provided benefits (including money) to ./OFFICIAL_SENSITIVE_Holt_Andrew_SoS_Decision_REDACTED_WEB.pdf:Individual A in exchange for sexual activity; and (d) there was evidence to suggest that ./OFFICIAL_SENSITIVE_Holt_Andrew_SoS_Decision_REDACTED_WEB.pdf-Mr Holt had engaged in taking a class A controlled substance. ./OFFICIAL_SENSITIVE_Holt_Andrew_SoS_Decision_REDACTED_WEB.pdf- ./OFFICIAL_SENSITIVE_Holt_Andrew_SoS_Decision_REDACTED_WEB.pdf-Although the conduct took place outside the education setting, the panel found it did ./OFFICIAL_SENSITIVE_Holt_Andrew_SoS_Decision_REDACTED_WEB.pdf-affect the way Mr Holt fulfilled his teaching role, particularly the finding involving class A ./OFFICIAL_SENSITIVE_Holt_Andrew_SoS_Decision_REDACTED_WEB.pdf-drugs. Mr Holt’s conduct could lead to pupils being exposed to or influenced by his ./OFFICIAL_SENSITIVE_Holt_Andrew_SoS_Decision_REDACTED_WEB.pdf-behaviour. ./OFFICIAL_SENSITIVE_Holt_Andrew_SoS_Decision_REDACTED_WEB.pdf- ./OFFICIAL_SENSITIVE_Holt_Andrew_SoS_Decision_REDACTED_WEB.pdf-I have given less weight in my consideration of sanction therefore, to the contribution that ./OFFICIAL_SENSITIVE_Holt_Andrew_SoS_Decision_REDACTED_WEB.pdf-Mr Holt has made and is making to the profession. In my view, it is necessary to impose ./OFFICIAL_SENSITIVE_Holt_Andrew_SoS_Decision_REDACTED_WEB.pdf-a prohibition order in order to maintain public confidence in the profession. A published -- ./OFFICIAL_SENSITIVE_Holt_Andrew_SoS_Decision_REDACTED_WEB.pdf- ./OFFICIAL_SENSITIVE_Holt_Andrew_SoS_Decision_REDACTED_WEB.pdf-I have considered the panel’s comments “As such, the panel decided that it would be ./OFFICIAL_SENSITIVE_Holt_Andrew_SoS_Decision_REDACTED_WEB.pdf-proportionate, in all the circumstances, for the prohibition order to be recommended with ./OFFICIAL_SENSITIVE_Holt_Andrew_SoS_Decision_REDACTED_WEB.pdf-provisions for a five year review period. The panel was of the view that five years was a ./OFFICIAL_SENSITIVE_Holt_Andrew_SoS_Decision_REDACTED_WEB.pdf-sufficient period of time for Mr Holt to reflect on his actions, gain insight and remorse into ./OFFICIAL_SENSITIVE_Holt_Andrew_SoS_Decision_REDACTED_WEB.pdf-his conduct and demonstrate a sustained positive change.” ./OFFICIAL_SENSITIVE_Holt_Andrew_SoS_Decision_REDACTED_WEB.pdf- ./OFFICIAL_SENSITIVE_Holt_Andrew_SoS_Decision_REDACTED_WEB.pdf-The panel also said “The Advice indicates that there are behaviours that, if proved, would ./OFFICIAL_SENSITIVE_Holt_Andrew_SoS_Decision_REDACTED_WEB.pdf-militate against the recommendation of a review period. The panel found Mr Holt had not ./OFFICIAL_SENSITIVE_Holt_Andrew_SoS_Decision_REDACTED_WEB.pdf-committed any of the behaviours set out at paragraph 50 of the Advice. In reaching this ./OFFICIAL_SENSITIVE_Holt_Andrew_SoS_Decision_REDACTED_WEB.pdf:conclusion, the panel considered that, whilst Mr Holt had engaged in sexual misconduct, ./OFFICIAL_SENSITIVE_Holt_Andrew_SoS_Decision_REDACTED_WEB.pdf:it did not amount to serious sexual misconduct per se, particularly given that his ./OFFICIAL_SENSITIVE_Holt_Andrew_SoS_Decision_REDACTED_WEB.pdf-arrangement with Individual A was consensual. The panel did not believe there were any ./OFFICIAL_SENSITIVE_Holt_Andrew_SoS_Decision_REDACTED_WEB.pdf-other factors that should result in there being no review period.” ./OFFICIAL_SENSITIVE_Holt_Andrew_SoS_Decision_REDACTED_WEB.pdf- ./OFFICIAL_SENSITIVE_Holt_Andrew_SoS_Decision_REDACTED_WEB.pdf-I have considered whether a 5 year review period reflects the seriousness of the findings ./OFFICIAL_SENSITIVE_Holt_Andrew_SoS_Decision_REDACTED_WEB.pdf-and is a proportionate period to achieve the aim of maintaining public confidence in the ./OFFICIAL_SENSITIVE_Holt_Andrew_SoS_Decision_REDACTED_WEB.pdf-profession. In this case, factors mean that allowing a lesser review period is not sufficient ./OFFICIAL_SENSITIVE_Holt_Andrew_SoS_Decision_REDACTED_WEB.pdf-to achieve the aim of maintaining public confidence in the profession. These elements ./OFFICIAL_SENSITIVE_Holt_Andrew_SoS_Decision_REDACTED_WEB.pdf:are the seriousness of the findings, involving class A drugs, sexual misconduct and the ./OFFICIAL_SENSITIVE_Holt_Andrew_SoS_Decision_REDACTED_WEB.pdf-lack of either insight or remorse. ./OFFICIAL_SENSITIVE_Holt_Andrew_SoS_Decision_REDACTED_WEB.pdf- ./OFFICIAL_SENSITIVE_Holt_Andrew_SoS_Decision_REDACTED_WEB.pdf-I have considered whether a longer or no review period is more appropriate given the ./OFFICIAL_SENSITIVE_Holt_Andrew_SoS_Decision_REDACTED_WEB.pdf-serious findings in this case, although the findings involved funding and use of class A ./OFFICIAL_SENSITIVE_Holt_Andrew_SoS_Decision_REDACTED_WEB.pdf-drugs, I could draw no evidence from the panel of the supply of class A drugs, and ./OFFICIAL_SENSITIVE_Holt_Andrew_SoS_Decision_REDACTED_WEB.pdf-although Individual A was a vulnerable adult the arrangement between both parties was ./OFFICIAL_SENSITIVE_Holt_Andrew_SoS_Decision_REDACTED_WEB.pdf-found to be consensual. ./OFFICIAL_SENSITIVE_Holt_Andrew_SoS_Decision_REDACTED_WEB.pdf- ./OFFICIAL_SENSITIVE_Holt_Andrew_SoS_Decision_REDACTED_WEB.pdf-I consider therefore that a five year review period is required to satisfy the maintenance ./OFFICIAL_SENSITIVE_Holt_Andrew_SoS_Decision_REDACTED_WEB.pdf-of public confidence in the profession. ./OFFICIAL_SENSITIVE_Howes_Lisa_SoS_Decision_Redacted.pdf-Teacher: Ms Lisa Howes ./OFFICIAL_SENSITIVE_Howes_Lisa_SoS_Decision_Redacted.pdf- ./OFFICIAL_SENSITIVE_Howes_Lisa_SoS_Decision_Redacted.pdf-Teacher ref number: 9654272 ./OFFICIAL_SENSITIVE_Howes_Lisa_SoS_Decision_Redacted.pdf- ./OFFICIAL_SENSITIVE_Howes_Lisa_SoS_Decision_Redacted.pdf-Teacher date of birth: 11 October 1972 ./OFFICIAL_SENSITIVE_Howes_Lisa_SoS_Decision_Redacted.pdf- ./OFFICIAL_SENSITIVE_Howes_Lisa_SoS_Decision_Redacted.pdf-TRA reference: 17829 ./OFFICIAL_SENSITIVE_Howes_Lisa_SoS_Decision_Redacted.pdf- ./OFFICIAL_SENSITIVE_Howes_Lisa_SoS_Decision_Redacted.pdf-Date of determination: 8 June 2021 ./OFFICIAL_SENSITIVE_Howes_Lisa_SoS_Decision_Redacted.pdf- ./OFFICIAL_SENSITIVE_Howes_Lisa_SoS_Decision_Redacted.pdf:Former employer: Hedingham School and Sixth Form, Halstead, Essex ./OFFICIAL_SENSITIVE_Howes_Lisa_SoS_Decision_Redacted.pdf- ./OFFICIAL_SENSITIVE_Howes_Lisa_SoS_Decision_Redacted.pdf- ./OFFICIAL_SENSITIVE_Howes_Lisa_SoS_Decision_Redacted.pdf-Introduction ./OFFICIAL_SENSITIVE_Howes_Lisa_SoS_Decision_Redacted.pdf-A professional conduct panel (“the panel”) of the Teaching Regulation Agency (“the ./OFFICIAL_SENSITIVE_Howes_Lisa_SoS_Decision_Redacted.pdf-TRA”) convened on 7 and 8 June 2021, remotely, to consider the case of Ms Lisa ./OFFICIAL_SENSITIVE_Howes_Lisa_SoS_Decision_Redacted.pdf-Howes. ./OFFICIAL_SENSITIVE_Howes_Lisa_SoS_Decision_Redacted.pdf- ./OFFICIAL_SENSITIVE_Howes_Lisa_SoS_Decision_Redacted.pdf-The panel members were Mr Gamel Byles (teacher panellist – in the chair), Mr Nigel ./OFFICIAL_SENSITIVE_Howes_Lisa_SoS_Decision_Redacted.pdf-Shock (lay panellist) and Mr Jeremy Phillips QC (lay panellist). ./OFFICIAL_SENSITIVE_Howes_Lisa_SoS_Decision_Redacted.pdf- ./Official_Sensitive_Hunt_Gary_Web_decision_Redacted.pdf- ./Official_Sensitive_Hunt_Gary_Web_decision_Redacted.pdf- It was alleged that Mr Hunt was guilty of unacceptable professional conduct and/or ./Official_Sensitive_Hunt_Gary_Web_decision_Redacted.pdf- conduct that may bring the profession into disrepute, in that: ./Official_Sensitive_Hunt_Gary_Web_decision_Redacted.pdf- ./Official_Sensitive_Hunt_Gary_Web_decision_Redacted.pdf- 1. He engaged in inappropriate contact with one or more children, specifically by; ./Official_Sensitive_Hunt_Gary_Web_decision_Redacted.pdf- ./Official_Sensitive_Hunt_Gary_Web_decision_Redacted.pdf- a. touching Child A [redacted] ./Official_Sensitive_Hunt_Gary_Web_decision_Redacted.pdf- ./Official_Sensitive_Hunt_Gary_Web_decision_Redacted.pdf- b. touching Child B [redacted] ./Official_Sensitive_Hunt_Gary_Web_decision_Redacted.pdf- ./Official_Sensitive_Hunt_Gary_Web_decision_Redacted.pdf: 2. His conduct as may be found proven at 1 above was conduct of a sexual nature ./Official_Sensitive_Hunt_Gary_Web_decision_Redacted.pdf: and/or was sexually motivated. ./Official_Sensitive_Hunt_Gary_Web_decision_Redacted.pdf- ./Official_Sensitive_Hunt_Gary_Web_decision_Redacted.pdf- 3. He placed Child A and/or Child B at risk of injury and/or harm on one or more ./Official_Sensitive_Hunt_Gary_Web_decision_Redacted.pdf- occasions by consuming an amount of alcohol which affected his ability to provide ./Official_Sensitive_Hunt_Gary_Web_decision_Redacted.pdf- adequate care. ./Official_Sensitive_Hunt_Gary_Web_decision_Redacted.pdf- ./Official_Sensitive_Hunt_Gary_Web_decision_Redacted.pdf-Mr Hunt denied the allegations and denied that he is guilty of unacceptable professional ./Official_Sensitive_Hunt_Gary_Web_decision_Redacted.pdf-conduct and/or conduct that may bring the profession into disrepute. ./Official_Sensitive_Hunt_Gary_Web_decision_Redacted.pdf- ./Official_Sensitive_Hunt_Gary_Web_decision_Redacted.pdf- ./Official_Sensitive_Hunt_Gary_Web_decision_Redacted.pdf-Preliminary applications -- ./Official_Sensitive_Hunt_Gary_Web_decision_Redacted.pdf- ./Official_Sensitive_Hunt_Gary_Web_decision_Redacted.pdf-Application to treat Child A and Child B as vulnerable witnesses. ./Official_Sensitive_Hunt_Gary_Web_decision_Redacted.pdf- ./Official_Sensitive_Hunt_Gary_Web_decision_Redacted.pdf-The presenting officer applied for Child A and Child B to be treated as vulnerable ./Official_Sensitive_Hunt_Gary_Web_decision_Redacted.pdf-witnesses, and so vulnerable that they should not be permitted to give oral evidence. Mr ./Official_Sensitive_Hunt_Gary_Web_decision_Redacted.pdf-Hunt agreed to the application. ./Official_Sensitive_Hunt_Gary_Web_decision_Redacted.pdf- ./Official_Sensitive_Hunt_Gary_Web_decision_Redacted.pdf-The panel directs that both Child A and Child B meet the definition of both a child witness ./Official_Sensitive_Hunt_Gary_Web_decision_Redacted.pdf-(being under the age of 18 at the start of the hearing) and a vulnerable witness (the panel ./Official_Sensitive_Hunt_Gary_Web_decision_Redacted.pdf-being satisfied that the quality of their evidence is likely to be adversely affected given ./Official_Sensitive_Hunt_Gary_Web_decision_Redacted.pdf:that the allegation is of a sexual nature, and they are the alleged victims). ./Official_Sensitive_Hunt_Gary_Web_decision_Redacted.pdf- ./Official_Sensitive_Hunt_Gary_Web_decision_Redacted.pdf-The panel could not be satisfied that Child A and Child B’s welfare would not be ./Official_Sensitive_Hunt_Gary_Web_decision_Redacted.pdf-prejudiced by their giving evidence in these proceedings for the reasons set out in the ./Official_Sensitive_Hunt_Gary_Web_decision_Redacted.pdf-TRA’s application. The panel therefore directed that they should not be permitted to give ./Official_Sensitive_Hunt_Gary_Web_decision_Redacted.pdf-oral evidence. ./Official_Sensitive_Hunt_Gary_Web_decision_Redacted.pdf- ./Official_Sensitive_Hunt_Gary_Web_decision_Redacted.pdf-The panel went on to consider whether it is fair in the circumstances to allow Child A and ./Official_Sensitive_Hunt_Gary_Web_decision_Redacted.pdf-Child B’s witness statements and Achieving Best Evidence (“ABE”) video interviews to be ./Official_Sensitive_Hunt_Gary_Web_decision_Redacted.pdf-put forward without the opportunity for the witnesses to be cross-examined by Mr Hunt. ./Official_Sensitive_Hunt_Gary_Web_decision_Redacted.pdf- -- ./Official_Sensitive_Hunt_Gary_Web_decision_Redacted.pdf-The panel considered that Child B had given cogent evidence, appropriate to ./Official_Sensitive_Hunt_Gary_Web_decision_Redacted.pdf-[redacted] age, and that [redacted] account was credible. Although Child B had not ./Official_Sensitive_Hunt_Gary_Web_decision_Redacted.pdf-repeated the allegation on each occasion that [redacted] had the opportunity to, and that ./Official_Sensitive_Hunt_Gary_Web_decision_Redacted.pdf-there were minor variations in [redacted] account, the panel considered that this was ./Official_Sensitive_Hunt_Gary_Web_decision_Redacted.pdf-understandable given [redacted] age. The panel therefore found this allegation proven. ./Official_Sensitive_Hunt_Gary_Web_decision_Redacted.pdf- ./Official_Sensitive_Hunt_Gary_Web_decision_Redacted.pdf:2. Your conduct as may be found proven at 1 above was conduct of a sexual ./Official_Sensitive_Hunt_Gary_Web_decision_Redacted.pdf:nature and/or was sexually motivated. ./Official_Sensitive_Hunt_Gary_Web_decision_Redacted.pdf- ./Official_Sensitive_Hunt_Gary_Web_decision_Redacted.pdf:The panel considered the definition of sexual in s87(1)(b) of the Sexual Offences Act and ./Official_Sensitive_Hunt_Gary_Web_decision_Redacted.pdf:decided that the conduct found proven at allegation 1 above was conduct of a sexual ./Official_Sensitive_Hunt_Gary_Web_decision_Redacted.pdf-nature. The conduct found proven was such that a reasonable person would consider ./Official_Sensitive_Hunt_Gary_Web_decision_Redacted.pdf:that because of its nature it was sexual. ./Official_Sensitive_Hunt_Gary_Web_decision_Redacted.pdf- ./Official_Sensitive_Hunt_Gary_Web_decision_Redacted.pdf-With regard to Mr Hunt’s motivation for his actions, the panel noted that this can only be ./Official_Sensitive_Hunt_Gary_Web_decision_Redacted.pdf-proved by inference. The panel considered whether the lack of evidence of the conduct ./Official_Sensitive_Hunt_Gary_Web_decision_Redacted.pdf-having been repeated indicated that the actions could have been unintentional. However, ./Official_Sensitive_Hunt_Gary_Web_decision_Redacted.pdf-the evidence of Child A and Child B indicated that Mr Hunt would not have had further ./Official_Sensitive_Hunt_Gary_Web_decision_Redacted.pdf-opportunity to repeat the conduct, [redacted] The touching was unlikely to have been ./Official_Sensitive_Hunt_Gary_Web_decision_Redacted.pdf-accidental given the reference to touching Child A and Child B [redacted] and there is no ./Official_Sensitive_Hunt_Gary_Web_decision_Redacted.pdf-proper justification for it. It is more likely than not, therefore, that the touching was ./Official_Sensitive_Hunt_Gary_Web_decision_Redacted.pdf:sexually motivated. ./Official_Sensitive_Hunt_Gary_Web_decision_Redacted.pdf- ./Official_Sensitive_Hunt_Gary_Web_decision_Redacted.pdf-The panel therefore found this allegation proven. ./Official_Sensitive_Hunt_Gary_Web_decision_Redacted.pdf- ./Official_Sensitive_Hunt_Gary_Web_decision_Redacted.pdf-The panel found the following particulars of the allegations against you not proved, for ./Official_Sensitive_Hunt_Gary_Web_decision_Redacted.pdf-these reasons: ./Official_Sensitive_Hunt_Gary_Web_decision_Redacted.pdf- ./Official_Sensitive_Hunt_Gary_Web_decision_Redacted.pdf-3. You placed Child A and/or Child B at risk of injury and/or harm on one or more ./Official_Sensitive_Hunt_Gary_Web_decision_Redacted.pdf-occasions by consuming an amount of alcohol which affected your ability to ./Official_Sensitive_Hunt_Gary_Web_decision_Redacted.pdf-provide adequate care. ./Official_Sensitive_Hunt_Gary_Web_decision_Redacted.pdf- -- ./Official_Sensitive_Hunt_Gary_Web_decision_Redacted.pdf-involved breaches of the Teachers’ Standards. The panel noted that Teachers’ ./Official_Sensitive_Hunt_Gary_Web_decision_Redacted.pdf-Standards require that a teacher is expected to demonstrate consistently high standards ./Official_Sensitive_Hunt_Gary_Web_decision_Redacted.pdf-in their personal conduct, as well as their professional conduct. The panel considered ./Official_Sensitive_Hunt_Gary_Web_decision_Redacted.pdf-that, by reference to Part 2, Mr Hunt was in breach of the requirement to uphold public ./Official_Sensitive_Hunt_Gary_Web_decision_Redacted.pdf-trust in the profession and maintain high standards of ethics and behaviour, within and ./Official_Sensitive_Hunt_Gary_Web_decision_Redacted.pdf-outside school. ./Official_Sensitive_Hunt_Gary_Web_decision_Redacted.pdf- ./Official_Sensitive_Hunt_Gary_Web_decision_Redacted.pdf-The panel was satisfied that the conduct of Mr Hunt fell significantly short of the standard ./Official_Sensitive_Hunt_Gary_Web_decision_Redacted.pdf-of behaviour expected of a teacher. ./Official_Sensitive_Hunt_Gary_Web_decision_Redacted.pdf- ./Official_Sensitive_Hunt_Gary_Web_decision_Redacted.pdf:The panel found that the offence of sexual activity was relevant. The Advice indicates ./Official_Sensitive_Hunt_Gary_Web_decision_Redacted.pdf-that where behaviours associated with such an offence exist, a panel is likely to conclude ./Official_Sensitive_Hunt_Gary_Web_decision_Redacted.pdf-that an individual’s conduct would amount to unacceptable professional conduct. ./Official_Sensitive_Hunt_Gary_Web_decision_Redacted.pdf- ./Official_Sensitive_Hunt_Gary_Web_decision_Redacted.pdf-However, the panel noted that the conduct found proven took place outside the education ./Official_Sensitive_Hunt_Gary_Web_decision_Redacted.pdf-setting, [redacted]. There was no indication of his conduct having affected the way Mr ./Official_Sensitive_Hunt_Gary_Web_decision_Redacted.pdf-Hunt fulfilled his teaching role, or that it may lead to pupils being exposed to or ./Official_Sensitive_Hunt_Gary_Web_decision_Redacted.pdf-influenced by the behaviour in a harmful way. Individual A at the School in which Mr Hunt ./Official_Sensitive_Hunt_Gary_Web_decision_Redacted.pdf-worked confirmed he had never had any concerns as to how Mr Hunt conducted his ./Official_Sensitive_Hunt_Gary_Web_decision_Redacted.pdf-duties. ./Official_Sensitive_Hunt_Gary_Web_decision_Redacted.pdf- -- ./Official_Sensitive_Hunt_Gary_Web_decision_Redacted.pdf-displayed behaviours associated with any of the offences in the list that begins on page ./Official_Sensitive_Hunt_Gary_Web_decision_Redacted.pdf-12 of the Advice. ./Official_Sensitive_Hunt_Gary_Web_decision_Redacted.pdf- ./Official_Sensitive_Hunt_Gary_Web_decision_Redacted.pdf:The panel found that the offence of sexual activity was relevant. ./Official_Sensitive_Hunt_Gary_Web_decision_Redacted.pdf- ./Official_Sensitive_Hunt_Gary_Web_decision_Redacted.pdf-The Advice indicates that where behaviours associated with such an offence exist, a ./Official_Sensitive_Hunt_Gary_Web_decision_Redacted.pdf-panel is likely to conclude that an individual’s conduct would amount to conduct that may ./Official_Sensitive_Hunt_Gary_Web_decision_Redacted.pdf-bring the profession into disrepute. ./Official_Sensitive_Hunt_Gary_Web_decision_Redacted.pdf- ./Official_Sensitive_Hunt_Gary_Web_decision_Redacted.pdf-The findings of misconduct are serious, and the conduct displayed would be likely to ./Official_Sensitive_Hunt_Gary_Web_decision_Redacted.pdf-have a negative impact on Mr Hunt’s status as a teacher. ./Official_Sensitive_Hunt_Gary_Web_decision_Redacted.pdf- ./Official_Sensitive_Hunt_Gary_Web_decision_Redacted.pdf-The panel considered that Mr Hunt’s conduct could potentially damage the public’s ./Official_Sensitive_Hunt_Gary_Web_decision_Redacted.pdf-perception of a teacher. -- ./Official_Sensitive_Hunt_Gary_Web_decision_Redacted.pdf-states that the expectation of both the public and pupils, is that members of the teaching ./Official_Sensitive_Hunt_Gary_Web_decision_Redacted.pdf-profession maintain an exemplary level of integrity and ethical standards at all times. ./Official_Sensitive_Hunt_Gary_Web_decision_Redacted.pdf-Sexually motivated conduct towards children undermines public trust in the profession. ./Official_Sensitive_Hunt_Gary_Web_decision_Redacted.pdf- ./Official_Sensitive_Hunt_Gary_Web_decision_Redacted.pdf-The panel took further account of the Advice, which suggests that a panel will likely ./Official_Sensitive_Hunt_Gary_Web_decision_Redacted.pdf-consider a teacher’s behaviour to be incompatible with being a teacher if there is ./Official_Sensitive_Hunt_Gary_Web_decision_Redacted.pdf-evidence of one or more of the factors that begin on page 15. ./Official_Sensitive_Hunt_Gary_Web_decision_Redacted.pdf- ./Official_Sensitive_Hunt_Gary_Web_decision_Redacted.pdf- • abuse of position or trust… ./Official_Sensitive_Hunt_Gary_Web_decision_Redacted.pdf- ./Official_Sensitive_Hunt_Gary_Web_decision_Redacted.pdf: • sexual misconduct, for example, involving actions that were sexually motivated ./Official_Sensitive_Hunt_Gary_Web_decision_Redacted.pdf: or of a sexual nature … ./Official_Sensitive_Hunt_Gary_Web_decision_Redacted.pdf- ./Official_Sensitive_Hunt_Gary_Web_decision_Redacted.pdf-Even though some of the behaviour found proved in this case indicated that a prohibition ./Official_Sensitive_Hunt_Gary_Web_decision_Redacted.pdf-order would be appropriate, taking account of the public interest and the seriousness of ./Official_Sensitive_Hunt_Gary_Web_decision_Redacted.pdf-the behaviour and the likely harm to the public interest were the teacher be allowed to ./Official_Sensitive_Hunt_Gary_Web_decision_Redacted.pdf-continue to teach, the panel went on to consider whether there were mitigating ./Official_Sensitive_Hunt_Gary_Web_decision_Redacted.pdf-circumstances. ./Official_Sensitive_Hunt_Gary_Web_decision_Redacted.pdf- ./Official_Sensitive_Hunt_Gary_Web_decision_Redacted.pdf:The panel concluded that Mr Hunt’s actions were deliberate and sexually motivated. ./Official_Sensitive_Hunt_Gary_Web_decision_Redacted.pdf- ./Official_Sensitive_Hunt_Gary_Web_decision_Redacted.pdf-There was no evidence to suggest that Mr Hunt was acting under extreme duress, e.g., a ./Official_Sensitive_Hunt_Gary_Web_decision_Redacted.pdf-physical threat or significant intimidation. [redacted]. However, there was no [redacted] ./Official_Sensitive_Hunt_Gary_Web_decision_Redacted.pdf-evidence before the panel for it to consider whether this had any impact upon his actions. ./Official_Sensitive_Hunt_Gary_Web_decision_Redacted.pdf- ./Official_Sensitive_Hunt_Gary_Web_decision_Redacted.pdf-There is evidence that Mr Hunt was a competent teacher. However, there was no ./Official_Sensitive_Hunt_Gary_Web_decision_Redacted.pdf-evidence that Mr Hunt demonstrates exceptionally high standards in both his personal ./Official_Sensitive_Hunt_Gary_Web_decision_Redacted.pdf-and professional conduct or that he has contributed significantly to the education sector. ./Official_Sensitive_Hunt_Gary_Web_decision_Redacted.pdf- ./Official_Sensitive_Hunt_Gary_Web_decision_Redacted.pdf-The panel has been provided with a reference from an associate professor of education, -- ./Official_Sensitive_Hunt_Gary_Web_decision_Redacted.pdf-prohibition order should be imposed with immediate effect. ./Official_Sensitive_Hunt_Gary_Web_decision_Redacted.pdf- ./Official_Sensitive_Hunt_Gary_Web_decision_Redacted.pdf-The panel went on to consider whether or not it would be appropriate for it to decide to ./Official_Sensitive_Hunt_Gary_Web_decision_Redacted.pdf-recommend a review period of the order. The panel was mindful that the Advice states ./Official_Sensitive_Hunt_Gary_Web_decision_Redacted.pdf-that a prohibition order applies for life, but there may be circumstances, in any given ./Official_Sensitive_Hunt_Gary_Web_decision_Redacted.pdf-case, that may make it appropriate to allow a teacher to apply to have the prohibition ./Official_Sensitive_Hunt_Gary_Web_decision_Redacted.pdf-order reviewed after a specified period of time that may not be less than 2 years. ./Official_Sensitive_Hunt_Gary_Web_decision_Redacted.pdf- ./Official_Sensitive_Hunt_Gary_Web_decision_Redacted.pdf-The Advice indicates that there are cases involving certain conduct where it is likely that ./Official_Sensitive_Hunt_Gary_Web_decision_Redacted.pdf-the public interest will have greater relevance and weigh in favour of not offering a review ./Official_Sensitive_Hunt_Gary_Web_decision_Redacted.pdf:period. These cases include serious sexual misconduct, e.g., where the act was sexually ./Official_Sensitive_Hunt_Gary_Web_decision_Redacted.pdf:motivated; and also include any sexual misconduct involving a child. The panel found ./Official_Sensitive_Hunt_Gary_Web_decision_Redacted.pdf-that Mr Hunt was responsible for engaging in inappropriate contact with two children, ./Official_Sensitive_Hunt_Gary_Web_decision_Redacted.pdf:which was sexually motivated. ./Official_Sensitive_Hunt_Gary_Web_decision_Redacted.pdf- ./Official_Sensitive_Hunt_Gary_Web_decision_Redacted.pdf-Mr Hunt has not expressed any remorse or insight and continues to deny the allegations. ./Official_Sensitive_Hunt_Gary_Web_decision_Redacted.pdf-There are no mitigating circumstances that would indicate that a review period would be ./Official_Sensitive_Hunt_Gary_Web_decision_Redacted.pdf-appropriate. As such, the panel, decided that it would be proportionate, in all the ./Official_Sensitive_Hunt_Gary_Web_decision_Redacted.pdf-circumstances, for the prohibition order to be recommended without provision for a ./Official_Sensitive_Hunt_Gary_Web_decision_Redacted.pdf-review period. ./Official_Sensitive_Hunt_Gary_Web_decision_Redacted.pdf- ./Official_Sensitive_Hunt_Gary_Web_decision_Redacted.pdf- ./Official_Sensitive_Hunt_Gary_Web_decision_Redacted.pdf-Decision and reasons on behalf of the Secretary of State ./Official_Sensitive_Hunt_Gary_Web_decision_Redacted.pdf-I have given very careful consideration to this case and to the recommendation of the -- ./Official_Sensitive_Hunt_Gary_Web_decision_Redacted.pdf-Standards require that a teacher is expected to demonstrate consistently high standards ./Official_Sensitive_Hunt_Gary_Web_decision_Redacted.pdf-in their personal conduct, as well as their professional conduct. The panel considered ./Official_Sensitive_Hunt_Gary_Web_decision_Redacted.pdf-that, by reference to Part 2, Mr Hunt was in breach of the requirement to uphold public ./Official_Sensitive_Hunt_Gary_Web_decision_Redacted.pdf-trust in the profession and maintain high standards of ethics and behaviour, within and ./Official_Sensitive_Hunt_Gary_Web_decision_Redacted.pdf-outside school.” ./Official_Sensitive_Hunt_Gary_Web_decision_Redacted.pdf- ./Official_Sensitive_Hunt_Gary_Web_decision_Redacted.pdf-The panel finds that the conduct of Mr Hunt fell significantly short of the standards ./Official_Sensitive_Hunt_Gary_Web_decision_Redacted.pdf-expected of the profession. ./Official_Sensitive_Hunt_Gary_Web_decision_Redacted.pdf- ./Official_Sensitive_Hunt_Gary_Web_decision_Redacted.pdf-The findings of misconduct are particularly serious as they involve inappropriate contact ./Official_Sensitive_Hunt_Gary_Web_decision_Redacted.pdf:with two children, which was sexually motivated. ./Official_Sensitive_Hunt_Gary_Web_decision_Redacted.pdf- ./Official_Sensitive_Hunt_Gary_Web_decision_Redacted.pdf-I have to determine whether the imposition of a prohibition order is proportionate and in ./Official_Sensitive_Hunt_Gary_Web_decision_Redacted.pdf-the public interest. In considering that for this case, I have considered the overall aim of a ./Official_Sensitive_Hunt_Gary_Web_decision_Redacted.pdf-prohibition order which is to protect pupils and to maintain public confidence in the ./Official_Sensitive_Hunt_Gary_Web_decision_Redacted.pdf-profession. I have considered the extent to which a prohibition order in this case would ./Official_Sensitive_Hunt_Gary_Web_decision_Redacted.pdf-achieve that aim taking into account the impact that it will have on the individual teacher. ./Official_Sensitive_Hunt_Gary_Web_decision_Redacted.pdf-I have also asked myself, whether a less intrusive measure, such as the published ./Official_Sensitive_Hunt_Gary_Web_decision_Redacted.pdf-finding of conduct that may bring the profession into disrepute, would itself be sufficient to ./Official_Sensitive_Hunt_Gary_Web_decision_Redacted.pdf-achieve the overall aim. I have to consider whether the consequences of such a ./Official_Sensitive_Hunt_Gary_Web_decision_Redacted.pdf-publication are themselves sufficient. I have considered therefore whether or not -- ./Official_Sensitive_Hunt_Gary_Web_decision_Redacted.pdf-at this stage, and stated that he continued to deny the allegations.” In my judgement, the ./Official_Sensitive_Hunt_Gary_Web_decision_Redacted.pdf-lack of insight or remorse means that there is some risk of the repetition of this behaviour. ./Official_Sensitive_Hunt_Gary_Web_decision_Redacted.pdf-I have therefore given this element considerable weight in reaching my decision. ./Official_Sensitive_Hunt_Gary_Web_decision_Redacted.pdf- ./Official_Sensitive_Hunt_Gary_Web_decision_Redacted.pdf-I have gone on to consider the extent to which a prohibition order would maintain public ./Official_Sensitive_Hunt_Gary_Web_decision_Redacted.pdf-confidence in the profession. The panel observe, “The panel carefully considered the ./Official_Sensitive_Hunt_Gary_Web_decision_Redacted.pdf-seriousness of the behaviour, noting that the Advice states that the expectation of both ./Official_Sensitive_Hunt_Gary_Web_decision_Redacted.pdf-the public and pupils, is that members of the teaching profession maintain an exemplary ./Official_Sensitive_Hunt_Gary_Web_decision_Redacted.pdf-level of integrity and ethical standards at all times. Sexually motivated conduct towards ./Official_Sensitive_Hunt_Gary_Web_decision_Redacted.pdf-children undermines public trust in the profession.” I am particularly mindful of the finding ./Official_Sensitive_Hunt_Gary_Web_decision_Redacted.pdf:of inappropriate and sexual motivated conduct with children in this case and the impact ./Official_Sensitive_Hunt_Gary_Web_decision_Redacted.pdf-that such a finding has on the reputation of the profession. ./Official_Sensitive_Hunt_Gary_Web_decision_Redacted.pdf- ./Official_Sensitive_Hunt_Gary_Web_decision_Redacted.pdf-I have had to consider that the public has a high expectation of professional standards of ./Official_Sensitive_Hunt_Gary_Web_decision_Redacted.pdf-all teachers and that the public might regard a failure to impose a prohibition order as a ./Official_Sensitive_Hunt_Gary_Web_decision_Redacted.pdf-failure to uphold those high standards. In weighing these considerations, I have had to ./Official_Sensitive_Hunt_Gary_Web_decision_Redacted.pdf-consider the matter from the point of view of an “ordinary intelligent and well-informed ./Official_Sensitive_Hunt_Gary_Web_decision_Redacted.pdf-citizen.” ./Official_Sensitive_Hunt_Gary_Web_decision_Redacted.pdf- ./Official_Sensitive_Hunt_Gary_Web_decision_Redacted.pdf- 15 ./Official_Sensitive_Hunt_Gary_Web_decision_Redacted.pdf- -- ./Official_Sensitive_Hunt_Gary_Web_decision_Redacted.pdf-“There is evidence of Mr Hunt being a competent teacher, Individual A having provided ./Official_Sensitive_Hunt_Gary_Web_decision_Redacted.pdf-positive evidence to the police regarding the conduct of his duties, and he had received ./Official_Sensitive_Hunt_Gary_Web_decision_Redacted.pdf-a promotion to deputy head. However, the panel considered that the adverse public ./Official_Sensitive_Hunt_Gary_Web_decision_Redacted.pdf-interest consideration above outweighed any interest in retaining Mr Hunt in the ./Official_Sensitive_Hunt_Gary_Web_decision_Redacted.pdf-profession, since his behaviour is fundamentally incompatible with maintaining ./Official_Sensitive_Hunt_Gary_Web_decision_Redacted.pdf-confidence in the profession.” ./Official_Sensitive_Hunt_Gary_Web_decision_Redacted.pdf- ./Official_Sensitive_Hunt_Gary_Web_decision_Redacted.pdf-I have also placed considerable weight on the finding of the panel that “The touching was ./Official_Sensitive_Hunt_Gary_Web_decision_Redacted.pdf-unlikely to have been accidental given the reference to touching Child A and Child B ./Official_Sensitive_Hunt_Gary_Web_decision_Redacted.pdf-[redacted], and there is no proper justification for it. It is more likely than not, therefore, ./Official_Sensitive_Hunt_Gary_Web_decision_Redacted.pdf:that the touching was sexually motivated.” ./Official_Sensitive_Hunt_Gary_Web_decision_Redacted.pdf- ./Official_Sensitive_Hunt_Gary_Web_decision_Redacted.pdf-I have given less weight in my consideration of sanction therefore, to the contribution that ./Official_Sensitive_Hunt_Gary_Web_decision_Redacted.pdf-Mr Gary Hunt has made to the profession. In my view, it is necessary to impose a ./Official_Sensitive_Hunt_Gary_Web_decision_Redacted.pdf-prohibition order in order to maintain public confidence in the profession. A published ./Official_Sensitive_Hunt_Gary_Web_decision_Redacted.pdf-decision, in light of the circumstances in this case, that is not backed up by remorse or ./Official_Sensitive_Hunt_Gary_Web_decision_Redacted.pdf-insight, does not in my view satisfy the public interest requirement concerning public ./Official_Sensitive_Hunt_Gary_Web_decision_Redacted.pdf-confidence in the profession. ./Official_Sensitive_Hunt_Gary_Web_decision_Redacted.pdf- ./Official_Sensitive_Hunt_Gary_Web_decision_Redacted.pdf-Although the conduct took place outside the education setting, the findings of the panel ./Official_Sensitive_Hunt_Gary_Web_decision_Redacted.pdf:are serious. The published Advice is clear with cases that involve serious sexual ./Official_Sensitive_Hunt_Gary_Web_decision_Redacted.pdf:misconduct and sexual misconduct involving a child. ./Official_Sensitive_Hunt_Gary_Web_decision_Redacted.pdf- ./Official_Sensitive_Hunt_Gary_Web_decision_Redacted.pdf- 16 ./Official_Sensitive_Hunt_Gary_Web_decision_Redacted.pdf- -- ./Official_Sensitive_Hunt_Gary_Web_decision_Redacted.pdf- ./Official_Sensitive_Hunt_Gary_Web_decision_Redacted.pdf-I have considered the panel’s comments “Mr Hunt has not expressed any remorse or ./Official_Sensitive_Hunt_Gary_Web_decision_Redacted.pdf-insight and continues to deny the allegations. There are no mitigating circumstances that ./Official_Sensitive_Hunt_Gary_Web_decision_Redacted.pdf-would indicate that a review period would be appropriate. As such, the panel, decided ./Official_Sensitive_Hunt_Gary_Web_decision_Redacted.pdf-that it would be proportionate, in all the circumstances, for the prohibition order to be ./Official_Sensitive_Hunt_Gary_Web_decision_Redacted.pdf-recommended without provision for a review period.” ./Official_Sensitive_Hunt_Gary_Web_decision_Redacted.pdf- ./Official_Sensitive_Hunt_Gary_Web_decision_Redacted.pdf-I have considered whether not allowing a review period reflects the seriousness of the ./Official_Sensitive_Hunt_Gary_Web_decision_Redacted.pdf-findings and is a proportionate period to achieve the aim of maintaining public confidence ./Official_Sensitive_Hunt_Gary_Web_decision_Redacted.pdf-in the profession. Various factors, including the seriousness of the findings, involving ./Official_Sensitive_Hunt_Gary_Web_decision_Redacted.pdf:sexual misconduct with children and the lack of evidence of remorse or insight mean that ./Official_Sensitive_Hunt_Gary_Web_decision_Redacted.pdf-that allowing for no review period is necessary to maintain public confidence and is ./Official_Sensitive_Hunt_Gary_Web_decision_Redacted.pdf-proportionate and in the public interest. ./Official_Sensitive_Hunt_Gary_Web_decision_Redacted.pdf- ./Official_Sensitive_Hunt_Gary_Web_decision_Redacted.pdf-I consider therefore that allowing for no review period is necessary to maintain public ./Official_Sensitive_Hunt_Gary_Web_decision_Redacted.pdf-confidence and is proportionate and in the public interest. ./Official_Sensitive_Hunt_Gary_Web_decision_Redacted.pdf- ./Official_Sensitive_Hunt_Gary_Web_decision_Redacted.pdf-This means that Mr Gary Hunt is prohibited from teaching indefinitely and cannot ./Official_Sensitive_Hunt_Gary_Web_decision_Redacted.pdf-teach in any school, sixth form college, relevant youth accommodation or ./Official_Sensitive_Hunt_Gary_Web_decision_Redacted.pdf-children’s home in England. Furthermore, in view of the seriousness of the allegations ./Official_Sensitive_Hunt_Gary_Web_decision_Redacted.pdf-found proved against him, I have decided that Mr Hunt shall not be entitled to apply for ./Official_Sensitive_James_Dathan_SoS_decision_REDACTED.pdf- ./Official_Sensitive_James_Dathan_SoS_decision_REDACTED.pdf-The panel found the following particulars of the allegation against you not proved, for ./Official_Sensitive_James_Dathan_SoS_decision_REDACTED.pdf-these reasons: ./Official_Sensitive_James_Dathan_SoS_decision_REDACTED.pdf- ./Official_Sensitive_James_Dathan_SoS_decision_REDACTED.pdf- 2. your behaviour as may be found proven at 1a and/or 1b and/or 1c above ./Official_Sensitive_James_Dathan_SoS_decision_REDACTED.pdf- was: ./Official_Sensitive_James_Dathan_SoS_decision_REDACTED.pdf- ./Official_Sensitive_James_Dathan_SoS_decision_REDACTED.pdf- a. flirtatious; ./Official_Sensitive_James_Dathan_SoS_decision_REDACTED.pdf- ./Official_Sensitive_James_Dathan_SoS_decision_REDACTED.pdf-The panel considered that this allegation, as drafted, had the potential to imply some ./Official_Sensitive_James_Dathan_SoS_decision_REDACTED.pdf:sexual motivation. The TRA stated its position was not to imply that Mr Dathan’s actions ./Official_Sensitive_James_Dathan_SoS_decision_REDACTED.pdf:were in any way sexually motivated; and any such inference was categorically denied by ./Official_Sensitive_James_Dathan_SoS_decision_REDACTED.pdf-Mr Dathan. ./Official_Sensitive_James_Dathan_SoS_decision_REDACTED.pdf- ./Official_Sensitive_James_Dathan_SoS_decision_REDACTED.pdf-Whilst the panel considered that Mr Dathan’s behaviour at allegations 1a, b and c, was ./Official_Sensitive_James_Dathan_SoS_decision_REDACTED.pdf-over-familiar, playful and inappropriate, the panel did not consider that this necessarily ./Official_Sensitive_James_Dathan_SoS_decision_REDACTED.pdf-amounted to “flirtatious” behaviour, particularly given its connotations with behaviour that ./Official_Sensitive_James_Dathan_SoS_decision_REDACTED.pdf:was in some way of a sexual nature or was motivated by sexual intent. ./Official_Sensitive_James_Dathan_SoS_decision_REDACTED.pdf- ./Official_Sensitive_James_Dathan_SoS_decision_REDACTED.pdf-The panel noted how the behaviour displayed by Mr Dathan may have been perceived by ./Official_Sensitive_James_Dathan_SoS_decision_REDACTED.pdf-others in that way; however, the fact that some witnesses did not find this behaviour to be ./Official_Sensitive_James_Dathan_SoS_decision_REDACTED.pdf-flirtatious was an example of how perceptions could differ. ./Official_Sensitive_James_Dathan_SoS_decision_REDACTED.pdf- ./Official_Sensitive_James_Dathan_SoS_decision_REDACTED.pdf- 8 ./Official_Sensitive_James_Dathan_SoS_decision_REDACTED.pdf- ./OFFICIAL_SENSITIVE_Jankauskaite_Dovile_-_S_of_S_web_decision_redacted.pdf- i. several heart shaped emoticons; ./OFFICIAL_SENSITIVE_Jankauskaite_Dovile_-_S_of_S_web_decision_redacted.pdf- ./OFFICIAL_SENSITIVE_Jankauskaite_Dovile_-_S_of_S_web_decision_redacted.pdf- ii. 'I took it because it was very beautiful'; ./OFFICIAL_SENSITIVE_Jankauskaite_Dovile_-_S_of_S_web_decision_redacted.pdf- ./OFFICIAL_SENSITIVE_Jankauskaite_Dovile_-_S_of_S_web_decision_redacted.pdf- iii. 'but in fact you have mine'; ./OFFICIAL_SENSITIVE_Jankauskaite_Dovile_-_S_of_S_web_decision_redacted.pdf- ./OFFICIAL_SENSITIVE_Jankauskaite_Dovile_-_S_of_S_web_decision_redacted.pdf- b) met with Pupil A alone at her house on more than one occasion; ./OFFICIAL_SENSITIVE_Jankauskaite_Dovile_-_S_of_S_web_decision_redacted.pdf- ./OFFICIAL_SENSITIVE_Jankauskaite_Dovile_-_S_of_S_web_decision_redacted.pdf- c) allowed Pupil A to drink her alcohol at her home address; ./OFFICIAL_SENSITIVE_Jankauskaite_Dovile_-_S_of_S_web_decision_redacted.pdf- ./OFFICIAL_SENSITIVE_Jankauskaite_Dovile_-_S_of_S_web_decision_redacted.pdf: d) engaged in sexual activity with Pupil A; ./OFFICIAL_SENSITIVE_Jankauskaite_Dovile_-_S_of_S_web_decision_redacted.pdf- ./OFFICIAL_SENSITIVE_Jankauskaite_Dovile_-_S_of_S_web_decision_redacted.pdf- 3. On an unknown date prior to 12 February 2019, she discussed her mental health ./OFFICIAL_SENSITIVE_Jankauskaite_Dovile_-_S_of_S_web_decision_redacted.pdf- with Pupil B. ./OFFICIAL_SENSITIVE_Jankauskaite_Dovile_-_S_of_S_web_decision_redacted.pdf- ./OFFICIAL_SENSITIVE_Jankauskaite_Dovile_-_S_of_S_web_decision_redacted.pdf: 4. Her conduct was sexually motivated in relation to the following: ./OFFICIAL_SENSITIVE_Jankauskaite_Dovile_-_S_of_S_web_decision_redacted.pdf- ./OFFICIAL_SENSITIVE_Jankauskaite_Dovile_-_S_of_S_web_decision_redacted.pdf- a) Allegation 1 (a); ./OFFICIAL_SENSITIVE_Jankauskaite_Dovile_-_S_of_S_web_decision_redacted.pdf- ./OFFICIAL_SENSITIVE_Jankauskaite_Dovile_-_S_of_S_web_decision_redacted.pdf- b) Allegation 1 (b); ./OFFICIAL_SENSITIVE_Jankauskaite_Dovile_-_S_of_S_web_decision_redacted.pdf- ./OFFICIAL_SENSITIVE_Jankauskaite_Dovile_-_S_of_S_web_decision_redacted.pdf- ./OFFICIAL_SENSITIVE_Jankauskaite_Dovile_-_S_of_S_web_decision_redacted.pdf- 4 ./OFFICIAL_SENSITIVE_Jankauskaite_Dovile_-_S_of_S_web_decision_redacted.pdf- -- ./OFFICIAL_SENSITIVE_Jankauskaite_Dovile_-_S_of_S_web_decision_redacted.pdf-Whilst employed by the School, Ms Jankauskaite commenced an intimate relationship ./OFFICIAL_SENSITIVE_Jankauskaite_Dovile_-_S_of_S_web_decision_redacted.pdf-with one of her pupils, Pupil A, in/around February 2018. [redacted] ./OFFICIAL_SENSITIVE_Jankauskaite_Dovile_-_S_of_S_web_decision_redacted.pdf- ./OFFICIAL_SENSITIVE_Jankauskaite_Dovile_-_S_of_S_web_decision_redacted.pdf-[Redacted], Pupil B made a disclosure to Individual C [redacted], on 12 February 2019, ./OFFICIAL_SENSITIVE_Jankauskaite_Dovile_-_S_of_S_web_decision_redacted.pdf-that Pupil B was aware of an incident between Ms Jankauskaite and Pupil A. Ms ./OFFICIAL_SENSITIVE_Jankauskaite_Dovile_-_S_of_S_web_decision_redacted.pdf-Jankauskaite was questioned and confirmed that she had been involved in a relationship ./OFFICIAL_SENSITIVE_Jankauskaite_Dovile_-_S_of_S_web_decision_redacted.pdf-with Pupil A. Ms Jankauskaite showed text messages between her and Pupil A and she ./OFFICIAL_SENSITIVE_Jankauskaite_Dovile_-_S_of_S_web_decision_redacted.pdf:also confirmed that their relationship was sexual and that she was “in love”. ./OFFICIAL_SENSITIVE_Jankauskaite_Dovile_-_S_of_S_web_decision_redacted.pdf- ./OFFICIAL_SENSITIVE_Jankauskaite_Dovile_-_S_of_S_web_decision_redacted.pdf-[Redacted} ./OFFICIAL_SENSITIVE_Jankauskaite_Dovile_-_S_of_S_web_decision_redacted.pdf- ./OFFICIAL_SENSITIVE_Jankauskaite_Dovile_-_S_of_S_web_decision_redacted.pdf-Ms Jankauskaite was suspended from work on 13 February 2019 and resigned from her ./OFFICIAL_SENSITIVE_Jankauskaite_Dovile_-_S_of_S_web_decision_redacted.pdf-role at the School with effect from 31 August 2019. ./OFFICIAL_SENSITIVE_Jankauskaite_Dovile_-_S_of_S_web_decision_redacted.pdf- ./OFFICIAL_SENSITIVE_Jankauskaite_Dovile_-_S_of_S_web_decision_redacted.pdf-Findings of fact ./OFFICIAL_SENSITIVE_Jankauskaite_Dovile_-_S_of_S_web_decision_redacted.pdf- ./OFFICIAL_SENSITIVE_Jankauskaite_Dovile_-_S_of_S_web_decision_redacted.pdf-The findings of fact are as follows: ./OFFICIAL_SENSITIVE_Jankauskaite_Dovile_-_S_of_S_web_decision_redacted.pdf- -- ./OFFICIAL_SENSITIVE_Jankauskaite_Dovile_-_S_of_S_web_decision_redacted.pdf- i. several heart shaped emoticons; ./OFFICIAL_SENSITIVE_Jankauskaite_Dovile_-_S_of_S_web_decision_redacted.pdf- ./OFFICIAL_SENSITIVE_Jankauskaite_Dovile_-_S_of_S_web_decision_redacted.pdf- ii. 'I took it because it was very beautiful'; ./OFFICIAL_SENSITIVE_Jankauskaite_Dovile_-_S_of_S_web_decision_redacted.pdf- ./OFFICIAL_SENSITIVE_Jankauskaite_Dovile_-_S_of_S_web_decision_redacted.pdf- iii. 'but in fact you have mine'; ./OFFICIAL_SENSITIVE_Jankauskaite_Dovile_-_S_of_S_web_decision_redacted.pdf- ./OFFICIAL_SENSITIVE_Jankauskaite_Dovile_-_S_of_S_web_decision_redacted.pdf- b) met with Pupil A alone at your house on more than one occasion; ./OFFICIAL_SENSITIVE_Jankauskaite_Dovile_-_S_of_S_web_decision_redacted.pdf- ./OFFICIAL_SENSITIVE_Jankauskaite_Dovile_-_S_of_S_web_decision_redacted.pdf- c) allowed Pupil A to drink your alcohol at your home address; ./OFFICIAL_SENSITIVE_Jankauskaite_Dovile_-_S_of_S_web_decision_redacted.pdf- ./OFFICIAL_SENSITIVE_Jankauskaite_Dovile_-_S_of_S_web_decision_redacted.pdf: d) engaged in sexual activity with Pupil A; ./OFFICIAL_SENSITIVE_Jankauskaite_Dovile_-_S_of_S_web_decision_redacted.pdf- ./OFFICIAL_SENSITIVE_Jankauskaite_Dovile_-_S_of_S_web_decision_redacted.pdf-The panel noted from the bundle of documents before it that Ms Jankauskaite admitted ./OFFICIAL_SENSITIVE_Jankauskaite_Dovile_-_S_of_S_web_decision_redacted.pdf-allegations 2.a), 2.b) and 2.d) and denied allegation 2.c). ./OFFICIAL_SENSITIVE_Jankauskaite_Dovile_-_S_of_S_web_decision_redacted.pdf- ./OFFICIAL_SENSITIVE_Jankauskaite_Dovile_-_S_of_S_web_decision_redacted.pdf- ./OFFICIAL_SENSITIVE_Jankauskaite_Dovile_-_S_of_S_web_decision_redacted.pdf- 10 ./OFFICIAL_SENSITIVE_Jankauskaite_Dovile_-_S_of_S_web_decision_redacted.pdf- -- ./OFFICIAL_SENSITIVE_Jankauskaite_Dovile_-_S_of_S_web_decision_redacted.pdf-In respect of allegation 2.c), the panel noted that Ms Jankauskaite had stated that she did ./OFFICIAL_SENSITIVE_Jankauskaite_Dovile_-_S_of_S_web_decision_redacted.pdf-not allow or provide Pupil A with alcohol at her home, but that Pupil A had helped ./OFFICIAL_SENSITIVE_Jankauskaite_Dovile_-_S_of_S_web_decision_redacted.pdf-themselves to some wine on her kitchen fridge whilst she was out of the room. Ms ./OFFICIAL_SENSITIVE_Jankauskaite_Dovile_-_S_of_S_web_decision_redacted.pdf-Jankauskaite said that she told Pupil A that Pupil A should not be drinking. ./OFFICIAL_SENSITIVE_Jankauskaite_Dovile_-_S_of_S_web_decision_redacted.pdf- ./OFFICIAL_SENSITIVE_Jankauskaite_Dovile_-_S_of_S_web_decision_redacted.pdf-Pupil B’s evidence was that Pupil A told them that Pupil A had consumed alcohol at Ms ./OFFICIAL_SENSITIVE_Jankauskaite_Dovile_-_S_of_S_web_decision_redacted.pdf-Jankauskaite’s home address. The panel was not presented with any evidence that Ms ./OFFICIAL_SENSITIVE_Jankauskaite_Dovile_-_S_of_S_web_decision_redacted.pdf-Jankauskaite had attempted to take the alcohol away from Pupil A or that she had ./OFFICIAL_SENSITIVE_Jankauskaite_Dovile_-_S_of_S_web_decision_redacted.pdf-reported the alcohol consumption to the School. ./OFFICIAL_SENSITIVE_Jankauskaite_Dovile_-_S_of_S_web_decision_redacted.pdf- ./OFFICIAL_SENSITIVE_Jankauskaite_Dovile_-_S_of_S_web_decision_redacted.pdf:In respect of allegation 2.d), Ms Jankauskaite admitted to engaging in sexual activity, ./OFFICIAL_SENSITIVE_Jankauskaite_Dovile_-_S_of_S_web_decision_redacted.pdf:including sexual intercourse with Pupil A. The oral evidence the panel heard was ./OFFICIAL_SENSITIVE_Jankauskaite_Dovile_-_S_of_S_web_decision_redacted.pdf-consistent with this admission. ./OFFICIAL_SENSITIVE_Jankauskaite_Dovile_-_S_of_S_web_decision_redacted.pdf- ./OFFICIAL_SENSITIVE_Jankauskaite_Dovile_-_S_of_S_web_decision_redacted.pdf-Notwithstanding Ms Jankauskaite’s admission in respect of allegations 2.a), 2.b) and ./OFFICIAL_SENSITIVE_Jankauskaite_Dovile_-_S_of_S_web_decision_redacted.pdf-2.d), the panel made its own determination on the facts of the allegations on all of the ./OFFICIAL_SENSITIVE_Jankauskaite_Dovile_-_S_of_S_web_decision_redacted.pdf-evidence before it, and the oral evidence it had heard at the hearing. ./OFFICIAL_SENSITIVE_Jankauskaite_Dovile_-_S_of_S_web_decision_redacted.pdf- ./OFFICIAL_SENSITIVE_Jankauskaite_Dovile_-_S_of_S_web_decision_redacted.pdf- ./OFFICIAL_SENSITIVE_Jankauskaite_Dovile_-_S_of_S_web_decision_redacted.pdf- ./OFFICIAL_SENSITIVE_Jankauskaite_Dovile_-_S_of_S_web_decision_redacted.pdf- ./OFFICIAL_SENSITIVE_Jankauskaite_Dovile_-_S_of_S_web_decision_redacted.pdf- 11 -- ./OFFICIAL_SENSITIVE_Jankauskaite_Dovile_-_S_of_S_web_decision_redacted.pdf-confirmed this in the oral evidence given at the hearing. ./OFFICIAL_SENSITIVE_Jankauskaite_Dovile_-_S_of_S_web_decision_redacted.pdf- ./OFFICIAL_SENSITIVE_Jankauskaite_Dovile_-_S_of_S_web_decision_redacted.pdf-Notwithstanding Ms Jankauskaite’s admission in respect of allegation 3 the panel made ./OFFICIAL_SENSITIVE_Jankauskaite_Dovile_-_S_of_S_web_decision_redacted.pdf-its own determination on the facts of the allegations on all of the evidence before it, and ./OFFICIAL_SENSITIVE_Jankauskaite_Dovile_-_S_of_S_web_decision_redacted.pdf-the oral evidence it had heard at the hearing. ./OFFICIAL_SENSITIVE_Jankauskaite_Dovile_-_S_of_S_web_decision_redacted.pdf- ./OFFICIAL_SENSITIVE_Jankauskaite_Dovile_-_S_of_S_web_decision_redacted.pdf-On examination of the documents before the panel and on consideration of the wider ./OFFICIAL_SENSITIVE_Jankauskaite_Dovile_-_S_of_S_web_decision_redacted.pdf-documentary and oral evidence, the panel was satisfied that the facts of allegation 3 was ./OFFICIAL_SENSITIVE_Jankauskaite_Dovile_-_S_of_S_web_decision_redacted.pdf-proved. ./OFFICIAL_SENSITIVE_Jankauskaite_Dovile_-_S_of_S_web_decision_redacted.pdf- ./OFFICIAL_SENSITIVE_Jankauskaite_Dovile_-_S_of_S_web_decision_redacted.pdf: 4. Your conduct was sexually motivated in relation to the following: ./OFFICIAL_SENSITIVE_Jankauskaite_Dovile_-_S_of_S_web_decision_redacted.pdf- ./OFFICIAL_SENSITIVE_Jankauskaite_Dovile_-_S_of_S_web_decision_redacted.pdf- a) Allegation 1 (a); ./OFFICIAL_SENSITIVE_Jankauskaite_Dovile_-_S_of_S_web_decision_redacted.pdf- ./OFFICIAL_SENSITIVE_Jankauskaite_Dovile_-_S_of_S_web_decision_redacted.pdf- b) Allegation 1 (b); ./OFFICIAL_SENSITIVE_Jankauskaite_Dovile_-_S_of_S_web_decision_redacted.pdf- ./OFFICIAL_SENSITIVE_Jankauskaite_Dovile_-_S_of_S_web_decision_redacted.pdf- c) Allegation 1 (c); ./OFFICIAL_SENSITIVE_Jankauskaite_Dovile_-_S_of_S_web_decision_redacted.pdf- ./OFFICIAL_SENSITIVE_Jankauskaite_Dovile_-_S_of_S_web_decision_redacted.pdf- d) Allegation 2 (a); ./OFFICIAL_SENSITIVE_Jankauskaite_Dovile_-_S_of_S_web_decision_redacted.pdf- ./OFFICIAL_SENSITIVE_Jankauskaite_Dovile_-_S_of_S_web_decision_redacted.pdf- e) Allegation 2 (b); ./OFFICIAL_SENSITIVE_Jankauskaite_Dovile_-_S_of_S_web_decision_redacted.pdf- ./OFFICIAL_SENSITIVE_Jankauskaite_Dovile_-_S_of_S_web_decision_redacted.pdf- f) Allegation 2 (c); ./OFFICIAL_SENSITIVE_Jankauskaite_Dovile_-_S_of_S_web_decision_redacted.pdf- ./OFFICIAL_SENSITIVE_Jankauskaite_Dovile_-_S_of_S_web_decision_redacted.pdf- g) Allegation 2 (d); ./OFFICIAL_SENSITIVE_Jankauskaite_Dovile_-_S_of_S_web_decision_redacted.pdf- ./OFFICIAL_SENSITIVE_Jankauskaite_Dovile_-_S_of_S_web_decision_redacted.pdf-The panel noted from the bundle of documents before it that Ms Jankauskaite denied that ./OFFICIAL_SENSITIVE_Jankauskaite_Dovile_-_S_of_S_web_decision_redacted.pdf:her conduct was sexually motivated and denied allegation 4. The panel understood that ./OFFICIAL_SENSITIVE_Jankauskaite_Dovile_-_S_of_S_web_decision_redacted.pdf-Ms Jankauskaite’s position was that she had entered into a romantic relationship with ./OFFICIAL_SENSITIVE_Jankauskaite_Dovile_-_S_of_S_web_decision_redacted.pdf:Pupil A and that she did not do so with “sexual intent”. ./OFFICIAL_SENSITIVE_Jankauskaite_Dovile_-_S_of_S_web_decision_redacted.pdf- ./OFFICIAL_SENSITIVE_Jankauskaite_Dovile_-_S_of_S_web_decision_redacted.pdf-The panel’s attention was drawn to section 78 Sexual Offences Act 2003 and to the ./OFFICIAL_SENSITIVE_Jankauskaite_Dovile_-_S_of_S_web_decision_redacted.pdf-cases of Sait v The General Medical Council [2018], Basson v General Medical Council ./OFFICIAL_SENSITIVE_Jankauskaite_Dovile_-_S_of_S_web_decision_redacted.pdf-[2018] and The General Medical Counsel v Haris [2020] EWHC 2518. ./OFFICIAL_SENSITIVE_Jankauskaite_Dovile_-_S_of_S_web_decision_redacted.pdf- ./OFFICIAL_SENSITIVE_Jankauskaite_Dovile_-_S_of_S_web_decision_redacted.pdf- ./OFFICIAL_SENSITIVE_Jankauskaite_Dovile_-_S_of_S_web_decision_redacted.pdf- 12 ./OFFICIAL_SENSITIVE_Jankauskaite_Dovile_-_S_of_S_web_decision_redacted.pdf- -- ./OFFICIAL_SENSITIVE_Jankauskaite_Dovile_-_S_of_S_web_decision_redacted.pdf:The panel considered whether the conduct was sexually motivated. It noted that in ./OFFICIAL_SENSITIVE_Jankauskaite_Dovile_-_S_of_S_web_decision_redacted.pdf:Basson it was stated that “A sexual motive means that the conduct was done either in ./OFFICIAL_SENSITIVE_Jankauskaite_Dovile_-_S_of_S_web_decision_redacted.pdf:pursuit of sexual gratification or in pursuit of a sexual relationship”. The panel further ./OFFICIAL_SENSITIVE_Jankauskaite_Dovile_-_S_of_S_web_decision_redacted.pdf-considered that in Haris, the High Court indicated that the criteria in Basson sets the bar ./OFFICIAL_SENSITIVE_Jankauskaite_Dovile_-_S_of_S_web_decision_redacted.pdf-too high. Foster J stated: ./OFFICIAL_SENSITIVE_Jankauskaite_Dovile_-_S_of_S_web_decision_redacted.pdf- ./OFFICIAL_SENSITIVE_Jankauskaite_Dovile_-_S_of_S_web_decision_redacted.pdf-“in the present case it is in my judgement clear beyond argument that the intimate ./OFFICIAL_SENSITIVE_Jankauskaite_Dovile_-_S_of_S_web_decision_redacted.pdf:touching of Patients A and B was sexual and that answering a question as to the ./OFFICIAL_SENSITIVE_Jankauskaite_Dovile_-_S_of_S_web_decision_redacted.pdf-motivation of the toucher, the only available answer, is yes, the motivation must have ./OFFICIAL_SENSITIVE_Jankauskaite_Dovile_-_S_of_S_web_decision_redacted.pdf:been sexual[…]” ./OFFICIAL_SENSITIVE_Jankauskaite_Dovile_-_S_of_S_web_decision_redacted.pdf- ./OFFICIAL_SENSITIVE_Jankauskaite_Dovile_-_S_of_S_web_decision_redacted.pdf-“Of course, there are significant differences in the context and the analogy is not exact, ./OFFICIAL_SENSITIVE_Jankauskaite_Dovile_-_S_of_S_web_decision_redacted.pdf:but it does seem to me that pleading ‘sexual motivation’ is unhelpful. Similarly to look for ./OFFICIAL_SENSITIVE_Jankauskaite_Dovile_-_S_of_S_web_decision_redacted.pdf:‘sexual gratification” may be misleading or overcomplicating. It is irrelevant to the actions ./OFFICIAL_SENSITIVE_Jankauskaite_Dovile_-_S_of_S_web_decision_redacted.pdf:which the GMC would wish to proscribe whether or not the perpetrator was sexually ./OFFICIAL_SENSITIVE_Jankauskaite_Dovile_-_S_of_S_web_decision_redacted.pdf-“gratified” at all – whether before, after or during the act in question. Gratification, as with ./OFFICIAL_SENSITIVE_Jankauskaite_Dovile_-_S_of_S_web_decision_redacted.pdf-“pursuit of a relationship” are, pace the analysis of Mostyn J in Basson, not helpful in my ./OFFICIAL_SENSITIVE_Jankauskaite_Dovile_-_S_of_S_web_decision_redacted.pdf-judgement in promoting the public interests at stake here. These criteria set the bar too ./OFFICIAL_SENSITIVE_Jankauskaite_Dovile_-_S_of_S_web_decision_redacted.pdf-high and I respectfully disagree that they represent the law”. ./OFFICIAL_SENSITIVE_Jankauskaite_Dovile_-_S_of_S_web_decision_redacted.pdf- ./OFFICIAL_SENSITIVE_Jankauskaite_Dovile_-_S_of_S_web_decision_redacted.pdf:“Had the touching been pleaded as being ‘sexual’ and had the Tribunal asked ./OFFICIAL_SENSITIVE_Jankauskaite_Dovile_-_S_of_S_web_decision_redacted.pdf-themselves whether in all the circumstances, which includes the absence of accident[…] ./OFFICIAL_SENSITIVE_Jankauskaite_Dovile_-_S_of_S_web_decision_redacted.pdf-absence of consent […] and any other clinical or other proper justification […] then it ./OFFICIAL_SENSITIVE_Jankauskaite_Dovile_-_S_of_S_web_decision_redacted.pdf-seems to me impossible they would have reached any conclusion other than that the ./OFFICIAL_SENSITIVE_Jankauskaite_Dovile_-_S_of_S_web_decision_redacted.pdf:touching was sexual”. ./OFFICIAL_SENSITIVE_Jankauskaite_Dovile_-_S_of_S_web_decision_redacted.pdf- ./OFFICIAL_SENSITIVE_Jankauskaite_Dovile_-_S_of_S_web_decision_redacted.pdf:The panel noted that Ms Jankauskaite had admitted to having had a sexual relationship, ./OFFICIAL_SENSITIVE_Jankauskaite_Dovile_-_S_of_S_web_decision_redacted.pdf:and to having engaged in sexual activity, with Pupil A whilst Pupil A was her pupil. ./OFFICIAL_SENSITIVE_Jankauskaite_Dovile_-_S_of_S_web_decision_redacted.pdf- ./OFFICIAL_SENSITIVE_Jankauskaite_Dovile_-_S_of_S_web_decision_redacted.pdf-On examination of the documents before the panel and consideration of the wider ./OFFICIAL_SENSITIVE_Jankauskaite_Dovile_-_S_of_S_web_decision_redacted.pdf-documentary and oral evidence, the panel concluded that Ms Jankauskaite’s conduct as ./OFFICIAL_SENSITIVE_Jankauskaite_Dovile_-_S_of_S_web_decision_redacted.pdf:set out in allegations 1.a), 1.b), 1.c), 2.a), 2.b) and 2.d) was sexually motivated. The ./OFFICIAL_SENSITIVE_Jankauskaite_Dovile_-_S_of_S_web_decision_redacted.pdf-panel was of the view that there was no other reason for this conduct from a teacher ./OFFICIAL_SENSITIVE_Jankauskaite_Dovile_-_S_of_S_web_decision_redacted.pdf:towards a pupil. It noted that this ultimately led to a sexual relationship between Ms ./OFFICIAL_SENSITIVE_Jankauskaite_Dovile_-_S_of_S_web_decision_redacted.pdf-Jankauskaite and Pupil A. The panel therefore found that this conduct was in pursuit of a ./OFFICIAL_SENSITIVE_Jankauskaite_Dovile_-_S_of_S_web_decision_redacted.pdf:sexual relationship and/or was sexually motivated. ./OFFICIAL_SENSITIVE_Jankauskaite_Dovile_-_S_of_S_web_decision_redacted.pdf- ./OFFICIAL_SENSITIVE_Jankauskaite_Dovile_-_S_of_S_web_decision_redacted.pdf:The panel also considered that, had the allegation been pleaded as conduct of a sexual ./OFFICIAL_SENSITIVE_Jankauskaite_Dovile_-_S_of_S_web_decision_redacted.pdf-nature, then it would be impossible to reach any other conclusion other than that the ./OFFICIAL_SENSITIVE_Jankauskaite_Dovile_-_S_of_S_web_decision_redacted.pdf:conduct was sexual, as set out in Haris. ./OFFICIAL_SENSITIVE_Jankauskaite_Dovile_-_S_of_S_web_decision_redacted.pdf- ./OFFICIAL_SENSITIVE_Jankauskaite_Dovile_-_S_of_S_web_decision_redacted.pdf-Without hearing evidence from Pupil A or Ms Jankauskaite, the panel found it difficult to ./OFFICIAL_SENSITIVE_Jankauskaite_Dovile_-_S_of_S_web_decision_redacted.pdf-understand the context in respect of allegation 2.c) (and therefore allegation 4.f)). The ./OFFICIAL_SENSITIVE_Jankauskaite_Dovile_-_S_of_S_web_decision_redacted.pdf-panel was not presented with a chronology setting out when exactly allegation 2.c) was ./OFFICIAL_SENSITIVE_Jankauskaite_Dovile_-_S_of_S_web_decision_redacted.pdf- ./OFFICIAL_SENSITIVE_Jankauskaite_Dovile_-_S_of_S_web_decision_redacted.pdf- ./OFFICIAL_SENSITIVE_Jankauskaite_Dovile_-_S_of_S_web_decision_redacted.pdf- 13 ./OFFICIAL_SENSITIVE_Jankauskaite_Dovile_-_S_of_S_web_decision_redacted.pdf- -- ./OFFICIAL_SENSITIVE_Jankauskaite_Dovile_-_S_of_S_web_decision_redacted.pdf-said to have taken place. It therefore was unable to assess whether this conduct was ./OFFICIAL_SENSITIVE_Jankauskaite_Dovile_-_S_of_S_web_decision_redacted.pdf:done in the pursuit of a sexual relationship or was sexually motivated. ./OFFICIAL_SENSITIVE_Jankauskaite_Dovile_-_S_of_S_web_decision_redacted.pdf- ./OFFICIAL_SENSITIVE_Jankauskaite_Dovile_-_S_of_S_web_decision_redacted.pdf-The panel therefore found the facts of allegations 4.a), 4.b), 4.c), 4.d), 4.e) and 4.g) ./OFFICIAL_SENSITIVE_Jankauskaite_Dovile_-_S_of_S_web_decision_redacted.pdf-proven. The panel did not find the facts of allegation 4.f) proven. ./OFFICIAL_SENSITIVE_Jankauskaite_Dovile_-_S_of_S_web_decision_redacted.pdf- ./OFFICIAL_SENSITIVE_Jankauskaite_Dovile_-_S_of_S_web_decision_redacted.pdf- 5. By your conduct set out in the foregoing paragraphs, you failed to observe ./OFFICIAL_SENSITIVE_Jankauskaite_Dovile_-_S_of_S_web_decision_redacted.pdf- a proper boundary appropriate to a teacher’s professional position. ./OFFICIAL_SENSITIVE_Jankauskaite_Dovile_-_S_of_S_web_decision_redacted.pdf- ./OFFICIAL_SENSITIVE_Jankauskaite_Dovile_-_S_of_S_web_decision_redacted.pdf-The panel noted from the bundle of documents before it that Ms Jankauskaite admitted ./OFFICIAL_SENSITIVE_Jankauskaite_Dovile_-_S_of_S_web_decision_redacted.pdf-allegation 5. ./OFFICIAL_SENSITIVE_Jankauskaite_Dovile_-_S_of_S_web_decision_redacted.pdf- -- ./OFFICIAL_SENSITIVE_Jankauskaite_Dovile_-_S_of_S_web_decision_redacted.pdf- practices of the school in which they teach, and maintain high standards. ./OFFICIAL_SENSITIVE_Jankauskaite_Dovile_-_S_of_S_web_decision_redacted.pdf- ./OFFICIAL_SENSITIVE_Jankauskaite_Dovile_-_S_of_S_web_decision_redacted.pdf-  Teachers must have an understanding of, and always act within, the statutory ./OFFICIAL_SENSITIVE_Jankauskaite_Dovile_-_S_of_S_web_decision_redacted.pdf- frameworks which set out their professional duties and responsibilities. ./OFFICIAL_SENSITIVE_Jankauskaite_Dovile_-_S_of_S_web_decision_redacted.pdf- ./OFFICIAL_SENSITIVE_Jankauskaite_Dovile_-_S_of_S_web_decision_redacted.pdf-The panel was satisfied that the conduct of Ms Jankauskaite amounted to misconduct of ./OFFICIAL_SENSITIVE_Jankauskaite_Dovile_-_S_of_S_web_decision_redacted.pdf-a serious nature, which fell significantly short of the standards expected of the profession. ./OFFICIAL_SENSITIVE_Jankauskaite_Dovile_-_S_of_S_web_decision_redacted.pdf- ./OFFICIAL_SENSITIVE_Jankauskaite_Dovile_-_S_of_S_web_decision_redacted.pdf-The panel also considered whether Ms Jankauskaite’s conduct displayed behaviours ./OFFICIAL_SENSITIVE_Jankauskaite_Dovile_-_S_of_S_web_decision_redacted.pdf-associated with any of the offences listed on pages 10 and 11 of the Advice. The panel ./OFFICIAL_SENSITIVE_Jankauskaite_Dovile_-_S_of_S_web_decision_redacted.pdf:found that the offence of sexual activity was relevant. The Advice indicates that where ./OFFICIAL_SENSITIVE_Jankauskaite_Dovile_-_S_of_S_web_decision_redacted.pdf-behaviours associated with such an offence exist, a panel is more likely to conclude that ./OFFICIAL_SENSITIVE_Jankauskaite_Dovile_-_S_of_S_web_decision_redacted.pdf-an individual’s conduct would amount to unacceptable professional conduct. ./OFFICIAL_SENSITIVE_Jankauskaite_Dovile_-_S_of_S_web_decision_redacted.pdf- ./OFFICIAL_SENSITIVE_Jankauskaite_Dovile_-_S_of_S_web_decision_redacted.pdf-The panel noted that allegation 2 took place outside the education setting in that Ms ./OFFICIAL_SENSITIVE_Jankauskaite_Dovile_-_S_of_S_web_decision_redacted.pdf-Jankauskaite was sending text and/or social media messages. In addition, Ms ./OFFICIAL_SENSITIVE_Jankauskaite_Dovile_-_S_of_S_web_decision_redacted.pdf-Jankauskaite met with Pupil A at her home outside of school hours and engaged in ./OFFICIAL_SENSITIVE_Jankauskaite_Dovile_-_S_of_S_web_decision_redacted.pdf:sexual activity. The panel’s view was that the findings of misconduct were of a serious ./OFFICIAL_SENSITIVE_Jankauskaite_Dovile_-_S_of_S_web_decision_redacted.pdf-nature, and the conduct displayed would be likely to impact upon pupils and/or have a ./OFFICIAL_SENSITIVE_Jankauskaite_Dovile_-_S_of_S_web_decision_redacted.pdf-negative impact on the individual’s status as a teacher, potentially damaging the public ./OFFICIAL_SENSITIVE_Jankauskaite_Dovile_-_S_of_S_web_decision_redacted.pdf-perception. ./OFFICIAL_SENSITIVE_Jankauskaite_Dovile_-_S_of_S_web_decision_redacted.pdf- ./OFFICIAL_SENSITIVE_Jankauskaite_Dovile_-_S_of_S_web_decision_redacted.pdf-Accordingly, the panel was satisfied that Ms Jankauskaite was guilty of unacceptable ./OFFICIAL_SENSITIVE_Jankauskaite_Dovile_-_S_of_S_web_decision_redacted.pdf-professional conduct. ./OFFICIAL_SENSITIVE_Jankauskaite_Dovile_-_S_of_S_web_decision_redacted.pdf- ./OFFICIAL_SENSITIVE_Jankauskaite_Dovile_-_S_of_S_web_decision_redacted.pdf-The panel took into account the way the teaching profession is viewed by others and ./OFFICIAL_SENSITIVE_Jankauskaite_Dovile_-_S_of_S_web_decision_redacted.pdf-considered the influence that teachers may have on pupils, parents, and others in the ./OFFICIAL_SENSITIVE_Jankauskaite_Dovile_-_S_of_S_web_decision_redacted.pdf-community. The panel also took account of the uniquely influential role that teachers can -- ./OFFICIAL_SENSITIVE_Jankauskaite_Dovile_-_S_of_S_web_decision_redacted.pdf-apportioned, although they are likely to have punitive effect. ./OFFICIAL_SENSITIVE_Jankauskaite_Dovile_-_S_of_S_web_decision_redacted.pdf- ./OFFICIAL_SENSITIVE_Jankauskaite_Dovile_-_S_of_S_web_decision_redacted.pdf-The panel had regard to the particular public interest considerations set out in the Advice ./OFFICIAL_SENSITIVE_Jankauskaite_Dovile_-_S_of_S_web_decision_redacted.pdf-and having done so, found a number of them to be relevant in this case, namely: the ./OFFICIAL_SENSITIVE_Jankauskaite_Dovile_-_S_of_S_web_decision_redacted.pdf-protection of pupils, the maintenance of public confidence in the profession and declaring ./OFFICIAL_SENSITIVE_Jankauskaite_Dovile_-_S_of_S_web_decision_redacted.pdf-and upholding proper standards of conduct. ./OFFICIAL_SENSITIVE_Jankauskaite_Dovile_-_S_of_S_web_decision_redacted.pdf- ./OFFICIAL_SENSITIVE_Jankauskaite_Dovile_-_S_of_S_web_decision_redacted.pdf-In the light of the panel’s findings against Ms Jankauskaite there was a strong public ./OFFICIAL_SENSITIVE_Jankauskaite_Dovile_-_S_of_S_web_decision_redacted.pdf-interest consideration in respect of the protection of pupils, particularly given the serious ./OFFICIAL_SENSITIVE_Jankauskaite_Dovile_-_S_of_S_web_decision_redacted.pdf-findings of a failure to maintain appropriate professional boundaries with pupils and an ./OFFICIAL_SENSITIVE_Jankauskaite_Dovile_-_S_of_S_web_decision_redacted.pdf:inappropriate sexual relationship with a pupil. ./OFFICIAL_SENSITIVE_Jankauskaite_Dovile_-_S_of_S_web_decision_redacted.pdf- ./OFFICIAL_SENSITIVE_Jankauskaite_Dovile_-_S_of_S_web_decision_redacted.pdf-Similarly, the panel considered that public confidence in the profession could be seriously ./OFFICIAL_SENSITIVE_Jankauskaite_Dovile_-_S_of_S_web_decision_redacted.pdf-weakened if conduct such as that found against Ms Jankauskaite was not treated with ./OFFICIAL_SENSITIVE_Jankauskaite_Dovile_-_S_of_S_web_decision_redacted.pdf-the utmost seriousness when regulating the conduct of the profession. ./OFFICIAL_SENSITIVE_Jankauskaite_Dovile_-_S_of_S_web_decision_redacted.pdf- ./OFFICIAL_SENSITIVE_Jankauskaite_Dovile_-_S_of_S_web_decision_redacted.pdf-The panel was of the view that a strong public interest consideration in declaring proper ./OFFICIAL_SENSITIVE_Jankauskaite_Dovile_-_S_of_S_web_decision_redacted.pdf-standards of conduct in the profession was also present as the conduct found against Ms ./OFFICIAL_SENSITIVE_Jankauskaite_Dovile_-_S_of_S_web_decision_redacted.pdf-Jankauskaite was outside that which could reasonably be tolerated. ./OFFICIAL_SENSITIVE_Jankauskaite_Dovile_-_S_of_S_web_decision_redacted.pdf- ./OFFICIAL_SENSITIVE_Jankauskaite_Dovile_-_S_of_S_web_decision_redacted.pdf-The panel was provided with limited information in respect of Ms Jankauskaite’s ability as -- ./OFFICIAL_SENSITIVE_Jankauskaite_Dovile_-_S_of_S_web_decision_redacted.pdf- ./OFFICIAL_SENSITIVE_Jankauskaite_Dovile_-_S_of_S_web_decision_redacted.pdf-  serious departure from the personal and professional conduct elements of the ./OFFICIAL_SENSITIVE_Jankauskaite_Dovile_-_S_of_S_web_decision_redacted.pdf- Teachers’ Standards; ./OFFICIAL_SENSITIVE_Jankauskaite_Dovile_-_S_of_S_web_decision_redacted.pdf- ./OFFICIAL_SENSITIVE_Jankauskaite_Dovile_-_S_of_S_web_decision_redacted.pdf-  misconduct seriously affecting the education and/or well-being of pupils, and ./OFFICIAL_SENSITIVE_Jankauskaite_Dovile_-_S_of_S_web_decision_redacted.pdf- particularly where there is a continuing risk; ./OFFICIAL_SENSITIVE_Jankauskaite_Dovile_-_S_of_S_web_decision_redacted.pdf- ./OFFICIAL_SENSITIVE_Jankauskaite_Dovile_-_S_of_S_web_decision_redacted.pdf-  abuse of position or trust (particularly involving vulnerable pupils) or violation of the ./OFFICIAL_SENSITIVE_Jankauskaite_Dovile_-_S_of_S_web_decision_redacted.pdf- rights of pupils; ./OFFICIAL_SENSITIVE_Jankauskaite_Dovile_-_S_of_S_web_decision_redacted.pdf- ./OFFICIAL_SENSITIVE_Jankauskaite_Dovile_-_S_of_S_web_decision_redacted.pdf:  sexual misconduct, for example, involving actions that were sexually motivated or ./OFFICIAL_SENSITIVE_Jankauskaite_Dovile_-_S_of_S_web_decision_redacted.pdf: of a sexual nature and/or that use or exploit the trust, knowledge or influence ./OFFICIAL_SENSITIVE_Jankauskaite_Dovile_-_S_of_S_web_decision_redacted.pdf- derived from the individual’s professional position; ./OFFICIAL_SENSITIVE_Jankauskaite_Dovile_-_S_of_S_web_decision_redacted.pdf- ./OFFICIAL_SENSITIVE_Jankauskaite_Dovile_-_S_of_S_web_decision_redacted.pdf-Even though some of the behaviour found proved in this case indicated that a prohibition ./OFFICIAL_SENSITIVE_Jankauskaite_Dovile_-_S_of_S_web_decision_redacted.pdf-order would be appropriate, the panel went on to consider the mitigating factors. ./OFFICIAL_SENSITIVE_Jankauskaite_Dovile_-_S_of_S_web_decision_redacted.pdf-Mitigating factors may indicate that a prohibition order would not be appropriate or ./OFFICIAL_SENSITIVE_Jankauskaite_Dovile_-_S_of_S_web_decision_redacted.pdf-proportionate. ./OFFICIAL_SENSITIVE_Jankauskaite_Dovile_-_S_of_S_web_decision_redacted.pdf- ./OFFICIAL_SENSITIVE_Jankauskaite_Dovile_-_S_of_S_web_decision_redacted.pdf-The panel acknowledged that Ms Jankauskaite had stated that [redacted]. However, it ./OFFICIAL_SENSITIVE_Jankauskaite_Dovile_-_S_of_S_web_decision_redacted.pdf-was not compelled by this explanation. Ms Jankauskaite was Pupil A’s teacher and was ./OFFICIAL_SENSITIVE_Jankauskaite_Dovile_-_S_of_S_web_decision_redacted.pdf-in a position of power and trust. Furthermore, Pupil A was [redacted]. The panel -- ./OFFICIAL_SENSITIVE_Jankauskaite_Dovile_-_S_of_S_web_decision_redacted.pdf-comments, Ms Jankauskaite referred to as being a naïve mistake. ./OFFICIAL_SENSITIVE_Jankauskaite_Dovile_-_S_of_S_web_decision_redacted.pdf- ./OFFICIAL_SENSITIVE_Jankauskaite_Dovile_-_S_of_S_web_decision_redacted.pdf-The panel considered Ms Jankauskaite’s written responses to the allegations, within ./OFFICIAL_SENSITIVE_Jankauskaite_Dovile_-_S_of_S_web_decision_redacted.pdf-which she acknowledged her actions and expressed some level of remorse. However, ./OFFICIAL_SENSITIVE_Jankauskaite_Dovile_-_S_of_S_web_decision_redacted.pdf-the panel was concerned by the comments made by Ms Jankauskaite, which, to some ./OFFICIAL_SENSITIVE_Jankauskaite_Dovile_-_S_of_S_web_decision_redacted.pdf-degree, were seeking to [redacted]. ./OFFICIAL_SENSITIVE_Jankauskaite_Dovile_-_S_of_S_web_decision_redacted.pdf- ./OFFICIAL_SENSITIVE_Jankauskaite_Dovile_-_S_of_S_web_decision_redacted.pdf-Furthermore, the panel was not presented with any evidence to demonstrate that Ms ./OFFICIAL_SENSITIVE_Jankauskaite_Dovile_-_S_of_S_web_decision_redacted.pdf-Jankauskaite had taken steps to mitigate against her conduct re-occurring. This caused ./OFFICIAL_SENSITIVE_Jankauskaite_Dovile_-_S_of_S_web_decision_redacted.pdf-the panel concern because, [redacted]. Finally, the panel was concerned that Ms ./OFFICIAL_SENSITIVE_Jankauskaite_Dovile_-_S_of_S_web_decision_redacted.pdf:Jankauskaite was not prepared to accept that her conduct was sexually motivated. ./OFFICIAL_SENSITIVE_Jankauskaite_Dovile_-_S_of_S_web_decision_redacted.pdf-Taking all of these factors into account, the panel did not consider that Ms Jankauskaite ./OFFICIAL_SENSITIVE_Jankauskaite_Dovile_-_S_of_S_web_decision_redacted.pdf-had demonstrated sufficient insight into her actions. ./OFFICIAL_SENSITIVE_Jankauskaite_Dovile_-_S_of_S_web_decision_redacted.pdf- ./OFFICIAL_SENSITIVE_Jankauskaite_Dovile_-_S_of_S_web_decision_redacted.pdf- 17 ./OFFICIAL_SENSITIVE_Jankauskaite_Dovile_-_S_of_S_web_decision_redacted.pdf- -- ./OFFICIAL_SENSITIVE_Jankauskaite_Dovile_-_S_of_S_web_decision_redacted.pdf-no recommendation of prohibition, considering whether the publication of the findings ./OFFICIAL_SENSITIVE_Jankauskaite_Dovile_-_S_of_S_web_decision_redacted.pdf-made by the panel would be sufficient. ./OFFICIAL_SENSITIVE_Jankauskaite_Dovile_-_S_of_S_web_decision_redacted.pdf- ./OFFICIAL_SENSITIVE_Jankauskaite_Dovile_-_S_of_S_web_decision_redacted.pdf-The panel was of the view that, applying the standard of the ordinary intelligent citizen, it ./OFFICIAL_SENSITIVE_Jankauskaite_Dovile_-_S_of_S_web_decision_redacted.pdf-would not be a proportionate and appropriate response to recommend no prohibition ./OFFICIAL_SENSITIVE_Jankauskaite_Dovile_-_S_of_S_web_decision_redacted.pdf-order. Recommending that the publication of adverse findings would be sufficient would ./OFFICIAL_SENSITIVE_Jankauskaite_Dovile_-_S_of_S_web_decision_redacted.pdf-unacceptably compromise the public interest considerations present in this case, despite ./OFFICIAL_SENSITIVE_Jankauskaite_Dovile_-_S_of_S_web_decision_redacted.pdf-the severity of the consequences for Ms Jankauskaite of prohibition. ./OFFICIAL_SENSITIVE_Jankauskaite_Dovile_-_S_of_S_web_decision_redacted.pdf- ./OFFICIAL_SENSITIVE_Jankauskaite_Dovile_-_S_of_S_web_decision_redacted.pdf-The panel decided that the public interest considerations outweighed the interests of Ms ./OFFICIAL_SENSITIVE_Jankauskaite_Dovile_-_S_of_S_web_decision_redacted.pdf:Jankauskaite. The fact that Ms Jankauskaite had engaged in a relationship of a sexual ./OFFICIAL_SENSITIVE_Jankauskaite_Dovile_-_S_of_S_web_decision_redacted.pdf-nature with one of her pupils was a significant factor in forming that opinion. The panel ./OFFICIAL_SENSITIVE_Jankauskaite_Dovile_-_S_of_S_web_decision_redacted.pdf-was of the view that prohibition was both proportionate and appropriate. Accordingly, the ./OFFICIAL_SENSITIVE_Jankauskaite_Dovile_-_S_of_S_web_decision_redacted.pdf-panel made a recommendation to the Secretary of State that a prohibition order should ./OFFICIAL_SENSITIVE_Jankauskaite_Dovile_-_S_of_S_web_decision_redacted.pdf-be imposed with immediate effect. ./OFFICIAL_SENSITIVE_Jankauskaite_Dovile_-_S_of_S_web_decision_redacted.pdf- ./OFFICIAL_SENSITIVE_Jankauskaite_Dovile_-_S_of_S_web_decision_redacted.pdf-The panel went on to consider whether or not it would be appropriate for it to decide to ./OFFICIAL_SENSITIVE_Jankauskaite_Dovile_-_S_of_S_web_decision_redacted.pdf-recommend a review period of the order. The panel was mindful that the Advice states ./OFFICIAL_SENSITIVE_Jankauskaite_Dovile_-_S_of_S_web_decision_redacted.pdf-that a prohibition order applies for life, but there may be circumstances, in any given ./OFFICIAL_SENSITIVE_Jankauskaite_Dovile_-_S_of_S_web_decision_redacted.pdf-case, that may make it appropriate to allow a teacher to apply to have the prohibition ./OFFICIAL_SENSITIVE_Jankauskaite_Dovile_-_S_of_S_web_decision_redacted.pdf-order reviewed after a specified period of time that may not be less than 2 years. ./OFFICIAL_SENSITIVE_Jankauskaite_Dovile_-_S_of_S_web_decision_redacted.pdf- ./OFFICIAL_SENSITIVE_Jankauskaite_Dovile_-_S_of_S_web_decision_redacted.pdf-The Advice indicates that there are behaviours that, if proved, would militate against the ./OFFICIAL_SENSITIVE_Jankauskaite_Dovile_-_S_of_S_web_decision_redacted.pdf:recommendation of a review period. One of these behaviours include serious sexual ./OFFICIAL_SENSITIVE_Jankauskaite_Dovile_-_S_of_S_web_decision_redacted.pdf:misconduct, such as where the act was sexually motivated and resulted in, or had the ./OFFICIAL_SENSITIVE_Jankauskaite_Dovile_-_S_of_S_web_decision_redacted.pdf-potential to result in, harm to a person or persons, particularly where the individual has ./OFFICIAL_SENSITIVE_Jankauskaite_Dovile_-_S_of_S_web_decision_redacted.pdf-used her professional position to influence or exploit a person or persons. The panel ./OFFICIAL_SENSITIVE_Jankauskaite_Dovile_-_S_of_S_web_decision_redacted.pdf:found that Ms Jankauskaite’s conduct was sexually motivated and that she may have ./OFFICIAL_SENSITIVE_Jankauskaite_Dovile_-_S_of_S_web_decision_redacted.pdf-used her professional position to influence or exploit Pupil A. The panel also considered ./OFFICIAL_SENSITIVE_Jankauskaite_Dovile_-_S_of_S_web_decision_redacted.pdf-that Ms Jankauskaite’s conduct may have had the potential to harm Pupil A and/or other ./OFFICIAL_SENSITIVE_Jankauskaite_Dovile_-_S_of_S_web_decision_redacted.pdf-pupils. ./OFFICIAL_SENSITIVE_Jankauskaite_Dovile_-_S_of_S_web_decision_redacted.pdf- ./OFFICIAL_SENSITIVE_Jankauskaite_Dovile_-_S_of_S_web_decision_redacted.pdf-The panel decided that the findings indicated a situation in which a review period would ./OFFICIAL_SENSITIVE_Jankauskaite_Dovile_-_S_of_S_web_decision_redacted.pdf-not be appropriate and, as such, decided that it would be proportionate, in all the ./OFFICIAL_SENSITIVE_Jankauskaite_Dovile_-_S_of_S_web_decision_redacted.pdf-circumstances, for the prohibition order to be recommended without provisions for a ./OFFICIAL_SENSITIVE_Jankauskaite_Dovile_-_S_of_S_web_decision_redacted.pdf-review period. ./OFFICIAL_SENSITIVE_Jankauskaite_Dovile_-_S_of_S_web_decision_redacted.pdf- ./OFFICIAL_SENSITIVE_Jankauskaite_Dovile_-_S_of_S_web_decision_redacted.pdf- -- ./OFFICIAL_SENSITIVE_Jankauskaite_Dovile_-_S_of_S_web_decision_redacted.pdf-  Teachers must have proper and professional regard for the ethos, policies, and ./OFFICIAL_SENSITIVE_Jankauskaite_Dovile_-_S_of_S_web_decision_redacted.pdf- practices of the school in which they teach, and maintain high standards. ./OFFICIAL_SENSITIVE_Jankauskaite_Dovile_-_S_of_S_web_decision_redacted.pdf- ./OFFICIAL_SENSITIVE_Jankauskaite_Dovile_-_S_of_S_web_decision_redacted.pdf-  Teachers must have an understanding of, and always act within, the statutory ./OFFICIAL_SENSITIVE_Jankauskaite_Dovile_-_S_of_S_web_decision_redacted.pdf- frameworks which set out their professional duties and responsibilities. ./OFFICIAL_SENSITIVE_Jankauskaite_Dovile_-_S_of_S_web_decision_redacted.pdf- ./OFFICIAL_SENSITIVE_Jankauskaite_Dovile_-_S_of_S_web_decision_redacted.pdf-The panel was also “satisfied that the conduct of Ms Jankauskaite amounted to ./OFFICIAL_SENSITIVE_Jankauskaite_Dovile_-_S_of_S_web_decision_redacted.pdf-misconduct of a serious nature, which fell significantly short of the standards expected of ./OFFICIAL_SENSITIVE_Jankauskaite_Dovile_-_S_of_S_web_decision_redacted.pdf-the profession.” ./OFFICIAL_SENSITIVE_Jankauskaite_Dovile_-_S_of_S_web_decision_redacted.pdf- ./OFFICIAL_SENSITIVE_Jankauskaite_Dovile_-_S_of_S_web_decision_redacted.pdf:The panel also “found that the offence of sexual activity was relevant. The Advice ./OFFICIAL_SENSITIVE_Jankauskaite_Dovile_-_S_of_S_web_decision_redacted.pdf-indicates that where behaviours associated with such an offence exist, a panel is more ./OFFICIAL_SENSITIVE_Jankauskaite_Dovile_-_S_of_S_web_decision_redacted.pdf-likely to conclude that an individual’s conduct would amount to unacceptable professional ./OFFICIAL_SENSITIVE_Jankauskaite_Dovile_-_S_of_S_web_decision_redacted.pdf-conduct.” ./OFFICIAL_SENSITIVE_Jankauskaite_Dovile_-_S_of_S_web_decision_redacted.pdf- ./OFFICIAL_SENSITIVE_Jankauskaite_Dovile_-_S_of_S_web_decision_redacted.pdf-The findings of misconduct are particularly serious in this case as they include a finding ./OFFICIAL_SENSITIVE_Jankauskaite_Dovile_-_S_of_S_web_decision_redacted.pdf:of sexual misconduct. ./OFFICIAL_SENSITIVE_Jankauskaite_Dovile_-_S_of_S_web_decision_redacted.pdf- ./OFFICIAL_SENSITIVE_Jankauskaite_Dovile_-_S_of_S_web_decision_redacted.pdf-I have to determine whether the imposition of a prohibition order is proportionate and in ./OFFICIAL_SENSITIVE_Jankauskaite_Dovile_-_S_of_S_web_decision_redacted.pdf-the public interest. In considering that for this case, I have considered the overall aim of a ./OFFICIAL_SENSITIVE_Jankauskaite_Dovile_-_S_of_S_web_decision_redacted.pdf-prohibition order which is to protect pupils and to maintain public confidence in the ./OFFICIAL_SENSITIVE_Jankauskaite_Dovile_-_S_of_S_web_decision_redacted.pdf-profession. I have considered the extent to which a prohibition order in this case would ./OFFICIAL_SENSITIVE_Jankauskaite_Dovile_-_S_of_S_web_decision_redacted.pdf- ./OFFICIAL_SENSITIVE_Jankauskaite_Dovile_-_S_of_S_web_decision_redacted.pdf- 19 ./OFFICIAL_SENSITIVE_Jankauskaite_Dovile_-_S_of_S_web_decision_redacted.pdf- -- ./OFFICIAL_SENSITIVE_Jankauskaite_Dovile_-_S_of_S_web_decision_redacted.pdf-achieve that aim taking into account the impact that it will have on the individual teacher. ./OFFICIAL_SENSITIVE_Jankauskaite_Dovile_-_S_of_S_web_decision_redacted.pdf-I have also asked myself, whether a less intrusive measure, such as the published ./OFFICIAL_SENSITIVE_Jankauskaite_Dovile_-_S_of_S_web_decision_redacted.pdf-finding of unacceptable professional conduct and conduct that may bring the profession ./OFFICIAL_SENSITIVE_Jankauskaite_Dovile_-_S_of_S_web_decision_redacted.pdf-into disrepute, would itself be sufficient to achieve the overall aim. I have to consider ./OFFICIAL_SENSITIVE_Jankauskaite_Dovile_-_S_of_S_web_decision_redacted.pdf-whether the consequences of such a publication are themselves sufficient. I have ./OFFICIAL_SENSITIVE_Jankauskaite_Dovile_-_S_of_S_web_decision_redacted.pdf-considered therefore whether or not prohibiting Ms Jankauskaite, and the impact that will ./OFFICIAL_SENSITIVE_Jankauskaite_Dovile_-_S_of_S_web_decision_redacted.pdf-have on her, is proportionate and in the public interest. ./OFFICIAL_SENSITIVE_Jankauskaite_Dovile_-_S_of_S_web_decision_redacted.pdf- ./OFFICIAL_SENSITIVE_Jankauskaite_Dovile_-_S_of_S_web_decision_redacted.pdf-In this case, I have considered the extent to which a prohibition order would protect ./OFFICIAL_SENSITIVE_Jankauskaite_Dovile_-_S_of_S_web_decision_redacted.pdf-children. The panel has observed, “Ms Jankauskaite met with Pupil A at her home ./OFFICIAL_SENSITIVE_Jankauskaite_Dovile_-_S_of_S_web_decision_redacted.pdf:outside of school hours and engaged in sexual activity. The panel’s view was that the ./OFFICIAL_SENSITIVE_Jankauskaite_Dovile_-_S_of_S_web_decision_redacted.pdf-findings of misconduct were of a serious nature, and the conduct displayed would be ./OFFICIAL_SENSITIVE_Jankauskaite_Dovile_-_S_of_S_web_decision_redacted.pdf-likely to impact upon pupils.” A prohibition order would therefore prevent such a risk ./OFFICIAL_SENSITIVE_Jankauskaite_Dovile_-_S_of_S_web_decision_redacted.pdf-from being present in the future. I have also taken into account the panel’s comments on ./OFFICIAL_SENSITIVE_Jankauskaite_Dovile_-_S_of_S_web_decision_redacted.pdf-insight and remorse, which the panel sets out as follows, “Taking all of these factors into ./OFFICIAL_SENSITIVE_Jankauskaite_Dovile_-_S_of_S_web_decision_redacted.pdf-account, the panel did not consider that Ms Jankauskaite had demonstrated sufficient ./OFFICIAL_SENSITIVE_Jankauskaite_Dovile_-_S_of_S_web_decision_redacted.pdf-insight into her actions.” ./OFFICIAL_SENSITIVE_Jankauskaite_Dovile_-_S_of_S_web_decision_redacted.pdf- ./OFFICIAL_SENSITIVE_Jankauskaite_Dovile_-_S_of_S_web_decision_redacted.pdf-In my judgement, the lack of insight means that there is some risk of the repetition of this ./OFFICIAL_SENSITIVE_Jankauskaite_Dovile_-_S_of_S_web_decision_redacted.pdf-behaviour and this puts at risk the future well-being of pupils. I have therefore given this ./OFFICIAL_SENSITIVE_Jankauskaite_Dovile_-_S_of_S_web_decision_redacted.pdf-element considerable weight in reaching my decision. ./OFFICIAL_SENSITIVE_Jankauskaite_Dovile_-_S_of_S_web_decision_redacted.pdf- ./OFFICIAL_SENSITIVE_Jankauskaite_Dovile_-_S_of_S_web_decision_redacted.pdf-I have gone on to consider the extent to which a prohibition order would maintain public ./OFFICIAL_SENSITIVE_Jankauskaite_Dovile_-_S_of_S_web_decision_redacted.pdf-confidence in the profession. The panel observe, “the conduct displayed would be likely ./OFFICIAL_SENSITIVE_Jankauskaite_Dovile_-_S_of_S_web_decision_redacted.pdf-to have a negative impact on the individual’s status as a teacher, potentially damaging ./OFFICIAL_SENSITIVE_Jankauskaite_Dovile_-_S_of_S_web_decision_redacted.pdf-the public perception.” ./OFFICIAL_SENSITIVE_Jankauskaite_Dovile_-_S_of_S_web_decision_redacted.pdf- ./OFFICIAL_SENSITIVE_Jankauskaite_Dovile_-_S_of_S_web_decision_redacted.pdf:I am also particularly mindful of the finding of sexual misconduct in this case and the ./OFFICIAL_SENSITIVE_Jankauskaite_Dovile_-_S_of_S_web_decision_redacted.pdf-impact that such a finding has on the reputation of the profession. ./OFFICIAL_SENSITIVE_Jankauskaite_Dovile_-_S_of_S_web_decision_redacted.pdf- ./OFFICIAL_SENSITIVE_Jankauskaite_Dovile_-_S_of_S_web_decision_redacted.pdf-I have had to consider that the public has a high expectation of professional standards of ./OFFICIAL_SENSITIVE_Jankauskaite_Dovile_-_S_of_S_web_decision_redacted.pdf-all teachers and that the public might regard a failure to impose a prohibition order as a ./OFFICIAL_SENSITIVE_Jankauskaite_Dovile_-_S_of_S_web_decision_redacted.pdf-failure to uphold those high standards. In weighing these considerations, I have had to ./OFFICIAL_SENSITIVE_Jankauskaite_Dovile_-_S_of_S_web_decision_redacted.pdf-consider the matter from the point of view of an “ordinary intelligent and well-informed ./OFFICIAL_SENSITIVE_Jankauskaite_Dovile_-_S_of_S_web_decision_redacted.pdf-citizen.” ./OFFICIAL_SENSITIVE_Jankauskaite_Dovile_-_S_of_S_web_decision_redacted.pdf- ./OFFICIAL_SENSITIVE_Jankauskaite_Dovile_-_S_of_S_web_decision_redacted.pdf-I have considered whether the publication of a finding of unacceptable professional ./OFFICIAL_SENSITIVE_Jankauskaite_Dovile_-_S_of_S_web_decision_redacted.pdf-conduct, in the absence of a prohibition order, can itself be regarded by such a person as -- ./OFFICIAL_SENSITIVE_Jankauskaite_Dovile_-_S_of_S_web_decision_redacted.pdf-with Pupil A was a one-off incident, which, in her written comments, Ms Jankauskaite ./OFFICIAL_SENSITIVE_Jankauskaite_Dovile_-_S_of_S_web_decision_redacted.pdf-referred to as being a naïve mistake.” ./OFFICIAL_SENSITIVE_Jankauskaite_Dovile_-_S_of_S_web_decision_redacted.pdf- ./OFFICIAL_SENSITIVE_Jankauskaite_Dovile_-_S_of_S_web_decision_redacted.pdf-A prohibition order would prevent Ms Jankauskaite from teaching and would also clearly ./OFFICIAL_SENSITIVE_Jankauskaite_Dovile_-_S_of_S_web_decision_redacted.pdf-deprive the public of her contribution to the profession for the period that it is in force. ./OFFICIAL_SENSITIVE_Jankauskaite_Dovile_-_S_of_S_web_decision_redacted.pdf- ./OFFICIAL_SENSITIVE_Jankauskaite_Dovile_-_S_of_S_web_decision_redacted.pdf-In this case, I have placed considerable weight on the panel’s comments concerning the ./OFFICIAL_SENSITIVE_Jankauskaite_Dovile_-_S_of_S_web_decision_redacted.pdf-lack of insight or remorse. The panel has said, “The panel decided that the public interest ./OFFICIAL_SENSITIVE_Jankauskaite_Dovile_-_S_of_S_web_decision_redacted.pdf-considerations outweighed the interests of Ms Jankauskaite. The fact that Ms ./OFFICIAL_SENSITIVE_Jankauskaite_Dovile_-_S_of_S_web_decision_redacted.pdf:Jankauskaite had engaged in a relationship of a sexual nature with one of her pupils was ./OFFICIAL_SENSITIVE_Jankauskaite_Dovile_-_S_of_S_web_decision_redacted.pdf-a significant factor in forming that opinion. The panel was of the view that prohibition was ./OFFICIAL_SENSITIVE_Jankauskaite_Dovile_-_S_of_S_web_decision_redacted.pdf-both proportionate and appropriate.” ./OFFICIAL_SENSITIVE_Jankauskaite_Dovile_-_S_of_S_web_decision_redacted.pdf- ./OFFICIAL_SENSITIVE_Jankauskaite_Dovile_-_S_of_S_web_decision_redacted.pdf-I have given less weight in my consideration of sanction therefore, to the contribution that ./OFFICIAL_SENSITIVE_Jankauskaite_Dovile_-_S_of_S_web_decision_redacted.pdf-Ms Jankauskaite has made to the profession. In my view, it is necessary to impose a ./OFFICIAL_SENSITIVE_Jankauskaite_Dovile_-_S_of_S_web_decision_redacted.pdf-prohibition order in order to maintain public confidence in the profession. A published ./OFFICIAL_SENSITIVE_Jankauskaite_Dovile_-_S_of_S_web_decision_redacted.pdf-decision, in light of the circumstances in this case, that is not backed up by full remorse ./OFFICIAL_SENSITIVE_Jankauskaite_Dovile_-_S_of_S_web_decision_redacted.pdf-or insight, does not in my view satisfy the public interest requirement concerning public ./OFFICIAL_SENSITIVE_Jankauskaite_Dovile_-_S_of_S_web_decision_redacted.pdf-confidence in the profession. ./OFFICIAL_SENSITIVE_Jankauskaite_Dovile_-_S_of_S_web_decision_redacted.pdf- ./OFFICIAL_SENSITIVE_Jankauskaite_Dovile_-_S_of_S_web_decision_redacted.pdf-For these reasons, I have concluded that a prohibition order is proportionate and in the ./OFFICIAL_SENSITIVE_Jankauskaite_Dovile_-_S_of_S_web_decision_redacted.pdf-public interest in order to achieve the intended aims of a prohibition order. ./OFFICIAL_SENSITIVE_Jankauskaite_Dovile_-_S_of_S_web_decision_redacted.pdf- ./OFFICIAL_SENSITIVE_Jankauskaite_Dovile_-_S_of_S_web_decision_redacted.pdf-I have gone on to consider the matter of a review period. In this case, the panel has ./OFFICIAL_SENSITIVE_Jankauskaite_Dovile_-_S_of_S_web_decision_redacted.pdf-recommended that no provision should be made for a review period. ./OFFICIAL_SENSITIVE_Jankauskaite_Dovile_-_S_of_S_web_decision_redacted.pdf- ./OFFICIAL_SENSITIVE_Jankauskaite_Dovile_-_S_of_S_web_decision_redacted.pdf-I have considered the panel’s comments “The Advice indicates that there are behaviours ./OFFICIAL_SENSITIVE_Jankauskaite_Dovile_-_S_of_S_web_decision_redacted.pdf-that, if proved, would militate against the recommendation of a review period. One of ./OFFICIAL_SENSITIVE_Jankauskaite_Dovile_-_S_of_S_web_decision_redacted.pdf:these behaviours include serious sexual misconduct, such as where the act was sexually ./OFFICIAL_SENSITIVE_Jankauskaite_Dovile_-_S_of_S_web_decision_redacted.pdf-motivated and resulted in, or had the potential to result in, harm to a person or persons, ./OFFICIAL_SENSITIVE_Jankauskaite_Dovile_-_S_of_S_web_decision_redacted.pdf-particularly where the individual has used her professional position to influence or exploit ./OFFICIAL_SENSITIVE_Jankauskaite_Dovile_-_S_of_S_web_decision_redacted.pdf:a person or persons. The panel found that Ms Jankauskaite’s conduct was sexually ./OFFICIAL_SENSITIVE_Jankauskaite_Dovile_-_S_of_S_web_decision_redacted.pdf-motivated and that she may have used her professional position to influence or exploit ./OFFICIAL_SENSITIVE_Jankauskaite_Dovile_-_S_of_S_web_decision_redacted.pdf-Pupil A. The panel also considered that Ms Jankauskaite’s conduct may have had the ./OFFICIAL_SENSITIVE_Jankauskaite_Dovile_-_S_of_S_web_decision_redacted.pdf-potential to harm Pupil A and/or other pupils.” ./OFFICIAL_SENSITIVE_Jankauskaite_Dovile_-_S_of_S_web_decision_redacted.pdf- ./OFFICIAL_SENSITIVE_Jankauskaite_Dovile_-_S_of_S_web_decision_redacted.pdf-I have considered whether allowing for no review reflects the seriousness of the findings ./OFFICIAL_SENSITIVE_Jankauskaite_Dovile_-_S_of_S_web_decision_redacted.pdf-and is proportionate and necessary to achieve the aim of maintaining public confidence ./OFFICIAL_SENSITIVE_Jankauskaite_Dovile_-_S_of_S_web_decision_redacted.pdf-in the profession. In this case, the factors are the lack of full remorse or insight and the ./OFFICIAL_SENSITIVE_Jankauskaite_Dovile_-_S_of_S_web_decision_redacted.pdf:serious sexual misconduct found. I consider therefore that allowing for no review period ./OFFICIAL_SENSITIVE_Jankauskaite_Dovile_-_S_of_S_web_decision_redacted.pdf-is necessary to maintain public confidence and is proportionate and in the public interest. ./OFFICIAL_SENSITIVE_Jankauskaite_Dovile_-_S_of_S_web_decision_redacted.pdf- ./OFFICIAL_SENSITIVE_Jankauskaite_Dovile_-_S_of_S_web_decision_redacted.pdf-This means that Ms Dovile Jankauskaite is prohibited from teaching indefinitely ./OFFICIAL_SENSITIVE_Jankauskaite_Dovile_-_S_of_S_web_decision_redacted.pdf-and cannot teach in any school, sixth form college, relevant youth accommodation ./OFFICIAL_SENSITIVE_Jankauskaite_Dovile_-_S_of_S_web_decision_redacted.pdf-or children’s home in England. Furthermore, in view of the seriousness of the ./OFFICIAL_SENSITIVE_Jankauskaite_Dovile_-_S_of_S_web_decision_redacted.pdf- ./OFFICIAL_SENSITIVE_Jankauskaite_Dovile_-_S_of_S_web_decision_redacted.pdf- 21 ./OFFICIAL_SENSITIVE_Jankauskaite_Dovile_-_S_of_S_web_decision_redacted.pdf- ./OFFICIAL_SENSITIVE_Kingsland_William_Web_SoS_Decision_for_publishing.pdf-Maidstone, Kent, ME15 7SL: ./OFFICIAL_SENSITIVE_Kingsland_William_Web_SoS_Decision_for_publishing.pdf- ./OFFICIAL_SENSITIVE_Kingsland_William_Web_SoS_Decision_for_publishing.pdf- 1. On 25 January 2020, sent private messages to a 16 year old acquaintance ./OFFICIAL_SENSITIVE_Kingsland_William_Web_SoS_Decision_for_publishing.pdf- (Person A) on Instagram. These messages were inappropriate and sexually ./OFFICIAL_SENSITIVE_Kingsland_William_Web_SoS_Decision_for_publishing.pdf- explicit in nature. These messages included; ./OFFICIAL_SENSITIVE_Kingsland_William_Web_SoS_Decision_for_publishing.pdf- a) "U got a gf or girls for fun?" or words to that effect; ./OFFICIAL_SENSITIVE_Kingsland_William_Web_SoS_Decision_for_publishing.pdf- b) "Just interested.. u should get plenty of action" or words to that effect; ./OFFICIAL_SENSITIVE_Kingsland_William_Web_SoS_Decision_for_publishing.pdf- c) "Not denying it! lol How many girls have licked ur cock? lol" or words to that ./OFFICIAL_SENSITIVE_Kingsland_William_Web_SoS_Decision_for_publishing.pdf- effect; ./OFFICIAL_SENSITIVE_Kingsland_William_Web_SoS_Decision_for_publishing.pdf- d) "U look good. Girls must be gagging for ur dick." or words to that effect; ./OFFICIAL_SENSITIVE_Kingsland_William_Web_SoS_Decision_for_publishing.pdf: e) "Or u into porn more?" or words to that effect; and ./OFFICIAL_SENSITIVE_Kingsland_William_Web_SoS_Decision_for_publishing.pdf- f) "Ur a hot lad and just interested. No need to be shy" or words to that effect. ./OFFICIAL_SENSITIVE_Kingsland_William_Web_SoS_Decision_for_publishing.pdf- 2. By his conduct in paragraph 1, failed to comply with the terms of ./OFFICIAL_SENSITIVE_Kingsland_William_Web_SoS_Decision_for_publishing.pdf- a) the School's ICT Acceptable Use Policy which includes "I will ensure that ./OFFICIAL_SENSITIVE_Kingsland_William_Web_SoS_Decision_for_publishing.pdf- my online reputation and use of IT and information are compatible with my ./OFFICIAL_SENSITIVE_Kingsland_William_Web_SoS_Decision_for_publishing.pdf- professional role, whether using school or personal systems" and "I will not ./OFFICIAL_SENSITIVE_Kingsland_William_Web_SoS_Decision_for_publishing.pdf- create, transmit, display, publish or forward any material online that is likely ./OFFICIAL_SENSITIVE_Kingsland_William_Web_SoS_Decision_for_publishing.pdf- to harass, cause offence, inconvenience or needless anxiety to any other ./OFFICIAL_SENSITIVE_Kingsland_William_Web_SoS_Decision_for_publishing.pdf- person, or anything that could bring my professional role, the School or the ./OFFICIAL_SENSITIVE_Kingsland_William_Web_SoS_Decision_for_publishing.pdf- County Council into disrepute"; ./OFFICIAL_SENSITIVE_Kingsland_William_Web_SoS_Decision_for_publishing.pdf- b) The School's Online Safety Policy which includes a responsibility to "model ./OFFICIAL_SENSITIVE_Kingsland_William_Web_SoS_Decision_for_publishing.pdf- good practice when using technology and maintain a professional level of ./OFFICIAL_SENSITIVE_Kingsland_William_Web_SoS_Decision_for_publishing.pdf- conduct in [your] personal use of technology both on and off site" and an ./OFFICIAL_SENSITIVE_Kingsland_William_Web_SoS_Decision_for_publishing.pdf- expectation to engage in social media in a positive, safe, and appropriate ./OFFICIAL_SENSITIVE_Kingsland_William_Web_SoS_Decision_for_publishing.pdf- manner; and ./OFFICIAL_SENSITIVE_Kingsland_William_Web_SoS_Decision_for_publishing.pdf- c) The School's Code of Conduct, which includes ‘Each employee has an ./OFFICIAL_SENSITIVE_Kingsland_William_Web_SoS_Decision_for_publishing.pdf- individual responsibility to act in a manner which upholds the School's ./OFFICIAL_SENSITIVE_Kingsland_William_Web_SoS_Decision_for_publishing.pdf- interests and protects its reputation’. ./OFFICIAL_SENSITIVE_Kingsland_William_Web_SoS_Decision_for_publishing.pdf: 3. His conduct as set out in paragraph 1, was sexually motivated. ./OFFICIAL_SENSITIVE_Kingsland_William_Web_SoS_Decision_for_publishing.pdf- ./OFFICIAL_SENSITIVE_Kingsland_William_Web_SoS_Decision_for_publishing.pdf- ./OFFICIAL_SENSITIVE_Kingsland_William_Web_SoS_Decision_for_publishing.pdf- ./OFFICIAL_SENSITIVE_Kingsland_William_Web_SoS_Decision_for_publishing.pdf- ./OFFICIAL_SENSITIVE_Kingsland_William_Web_SoS_Decision_for_publishing.pdf- 4 ./OFFICIAL_SENSITIVE_Kingsland_William_Web_SoS_Decision_for_publishing.pdf- -- ./OFFICIAL_SENSITIVE_Kingsland_William_Web_SoS_Decision_for_publishing.pdf-Mr Kingsland resigned from his position on 10 March 2020. ./OFFICIAL_SENSITIVE_Kingsland_William_Web_SoS_Decision_for_publishing.pdf- ./OFFICIAL_SENSITIVE_Kingsland_William_Web_SoS_Decision_for_publishing.pdf-Findings of fact ./OFFICIAL_SENSITIVE_Kingsland_William_Web_SoS_Decision_for_publishing.pdf- ./OFFICIAL_SENSITIVE_Kingsland_William_Web_SoS_Decision_for_publishing.pdf-The findings of fact are as follows: ./OFFICIAL_SENSITIVE_Kingsland_William_Web_SoS_Decision_for_publishing.pdf- ./OFFICIAL_SENSITIVE_Kingsland_William_Web_SoS_Decision_for_publishing.pdf-The panel found the following particulars of the allegation(s) against you proved, for ./OFFICIAL_SENSITIVE_Kingsland_William_Web_SoS_Decision_for_publishing.pdf-these reasons: ./OFFICIAL_SENSITIVE_Kingsland_William_Web_SoS_Decision_for_publishing.pdf- ./OFFICIAL_SENSITIVE_Kingsland_William_Web_SoS_Decision_for_publishing.pdf- 1. On 25 January 2020, sent private messages to a 16 year old acquaintance ./OFFICIAL_SENSITIVE_Kingsland_William_Web_SoS_Decision_for_publishing.pdf: (Person A) on Instagram. These messages were inappropriate and sexually ./OFFICIAL_SENSITIVE_Kingsland_William_Web_SoS_Decision_for_publishing.pdf- explicit in nature. These messages included; ./OFFICIAL_SENSITIVE_Kingsland_William_Web_SoS_Decision_for_publishing.pdf- ./OFFICIAL_SENSITIVE_Kingsland_William_Web_SoS_Decision_for_publishing.pdf- a. "U got a gf or girls for fun?" or words to that effect; ./OFFICIAL_SENSITIVE_Kingsland_William_Web_SoS_Decision_for_publishing.pdf- ./OFFICIAL_SENSITIVE_Kingsland_William_Web_SoS_Decision_for_publishing.pdf- b. "Just interested.. u should get plenty of action" or words to that ./OFFICIAL_SENSITIVE_Kingsland_William_Web_SoS_Decision_for_publishing.pdf- effect; ./OFFICIAL_SENSITIVE_Kingsland_William_Web_SoS_Decision_for_publishing.pdf- ./OFFICIAL_SENSITIVE_Kingsland_William_Web_SoS_Decision_for_publishing.pdf- c. "Not denying it! lol How many girls have licked ur cock? lol" or words ./OFFICIAL_SENSITIVE_Kingsland_William_Web_SoS_Decision_for_publishing.pdf- to that effect; ./OFFICIAL_SENSITIVE_Kingsland_William_Web_SoS_Decision_for_publishing.pdf- -- ./OFFICIAL_SENSITIVE_Kingsland_William_Web_SoS_Decision_for_publishing.pdf: e. "Or u into porn more?" or words to that effect; and ./OFFICIAL_SENSITIVE_Kingsland_William_Web_SoS_Decision_for_publishing.pdf- ./OFFICIAL_SENSITIVE_Kingsland_William_Web_SoS_Decision_for_publishing.pdf- f. "Ur a hot lad and just interested. No need to be shy" or words to that ./OFFICIAL_SENSITIVE_Kingsland_William_Web_SoS_Decision_for_publishing.pdf- effect. ./OFFICIAL_SENSITIVE_Kingsland_William_Web_SoS_Decision_for_publishing.pdf- ./OFFICIAL_SENSITIVE_Kingsland_William_Web_SoS_Decision_for_publishing.pdf-The panel had sight of a screenshot of a conversation between Mr Kingsland and Person ./OFFICIAL_SENSITIVE_Kingsland_William_Web_SoS_Decision_for_publishing.pdf-A, in which messages as set out in the allegations were sent by Mr Kingsland. It is noted ./OFFICIAL_SENSITIVE_Kingsland_William_Web_SoS_Decision_for_publishing.pdf-that these messages were provided by Mr Kingsland to the School as part of the School’s ./OFFICIAL_SENSITIVE_Kingsland_William_Web_SoS_Decision_for_publishing.pdf-disciplinary hearing. In his signed statement, Mr Kingsland acknowledges that Person A ./OFFICIAL_SENSITIVE_Kingsland_William_Web_SoS_Decision_for_publishing.pdf-was 16 years old as his Instagram profile stated he was 16 and Person A had told him ./OFFICIAL_SENSITIVE_Kingsland_William_Web_SoS_Decision_for_publishing.pdf-this within previous private messages. ./OFFICIAL_SENSITIVE_Kingsland_William_Web_SoS_Decision_for_publishing.pdf- ./OFFICIAL_SENSITIVE_Kingsland_William_Web_SoS_Decision_for_publishing.pdf-Although the screenshots of the messages were not dated, Mr Kingsland admitted that ./OFFICIAL_SENSITIVE_Kingsland_William_Web_SoS_Decision_for_publishing.pdf-the messages were sent on 25 January 2020 and the panel noted that the bundle also ./OFFICIAL_SENSITIVE_Kingsland_William_Web_SoS_Decision_for_publishing.pdf-included signed statements from former colleagues, provided as part of the School’s ./OFFICIAL_SENSITIVE_Kingsland_William_Web_SoS_Decision_for_publishing.pdf-disciplinary hearing, which state that Mr Kingsland had informed them that he had sent ./OFFICIAL_SENSITIVE_Kingsland_William_Web_SoS_Decision_for_publishing.pdf-messages to Person A on that day. ./OFFICIAL_SENSITIVE_Kingsland_William_Web_SoS_Decision_for_publishing.pdf- ./OFFICIAL_SENSITIVE_Kingsland_William_Web_SoS_Decision_for_publishing.pdf:The panel considered these private messages to be inherently sexually explicit. The ./OFFICIAL_SENSITIVE_Kingsland_William_Web_SoS_Decision_for_publishing.pdf-panel noted that Mr Kingsland was aware of Person A’s age and, whilst not a pupil of the ./OFFICIAL_SENSITIVE_Kingsland_William_Web_SoS_Decision_for_publishing.pdf-School, Person A was of secondary school age and considered it inappropriate for a ./OFFICIAL_SENSITIVE_Kingsland_William_Web_SoS_Decision_for_publishing.pdf:teacher to send such sexually explicit messages to anyone of that age. ./OFFICIAL_SENSITIVE_Kingsland_William_Web_SoS_Decision_for_publishing.pdf- ./OFFICIAL_SENSITIVE_Kingsland_William_Web_SoS_Decision_for_publishing.pdf-The allegations were admitted and were supported by evidence presented to the panel ./OFFICIAL_SENSITIVE_Kingsland_William_Web_SoS_Decision_for_publishing.pdf-within the bundle, the allegations were therefore, found proved. ./OFFICIAL_SENSITIVE_Kingsland_William_Web_SoS_Decision_for_publishing.pdf- ./OFFICIAL_SENSITIVE_Kingsland_William_Web_SoS_Decision_for_publishing.pdf- 2. By your conduct in paragraph 1, failed to comply with the terms of ./OFFICIAL_SENSITIVE_Kingsland_William_Web_SoS_Decision_for_publishing.pdf- ./OFFICIAL_SENSITIVE_Kingsland_William_Web_SoS_Decision_for_publishing.pdf- a. the School's ICT Acceptable Use Policy which includes "I will ensure ./OFFICIAL_SENSITIVE_Kingsland_William_Web_SoS_Decision_for_publishing.pdf- that my online reputation and use of IT and information are compatible ./OFFICIAL_SENSITIVE_Kingsland_William_Web_SoS_Decision_for_publishing.pdf- with my professional role, whether using school or personal systems" ./OFFICIAL_SENSITIVE_Kingsland_William_Web_SoS_Decision_for_publishing.pdf- and "I will not create, transmit, display, publish or forward any -- ./OFFICIAL_SENSITIVE_Kingsland_William_Web_SoS_Decision_for_publishing.pdf-Although the copy of the School’s ICT Acceptable Use Policy provided is unsigned by Mr ./OFFICIAL_SENSITIVE_Kingsland_William_Web_SoS_Decision_for_publishing.pdf-Kingsland the panel considered it likely that Mr Kingsland was aware of the ICT ./OFFICIAL_SENSITIVE_Kingsland_William_Web_SoS_Decision_for_publishing.pdf-Acceptable Use Policy. This was referenced throughout the disciplinary hearing, Mr ./OFFICIAL_SENSITIVE_Kingsland_William_Web_SoS_Decision_for_publishing.pdf-Kingsland has admitted the facts of the allegation and Mr Kingsland had acknowledged ./OFFICIAL_SENSITIVE_Kingsland_William_Web_SoS_Decision_for_publishing.pdf-the serious nature of his actions soon after sending the private messages to Person A, ./OFFICIAL_SENSITIVE_Kingsland_William_Web_SoS_Decision_for_publishing.pdf-bringing this to the School’s attention. ./OFFICIAL_SENSITIVE_Kingsland_William_Web_SoS_Decision_for_publishing.pdf- ./OFFICIAL_SENSITIVE_Kingsland_William_Web_SoS_Decision_for_publishing.pdf-The panel noted that the scope of the School’s ICT Acceptable Use Policy covered both ./OFFICIAL_SENSITIVE_Kingsland_William_Web_SoS_Decision_for_publishing.pdf-personal and school systems. Although these were intended to be private messages, the ./OFFICIAL_SENSITIVE_Kingsland_William_Web_SoS_Decision_for_publishing.pdf-messages were shared widely on social media, including on local community pages. Mr ./OFFICIAL_SENSITIVE_Kingsland_William_Web_SoS_Decision_for_publishing.pdf:Kingsland and the School were identified on social media in association with the sexually ./OFFICIAL_SENSITIVE_Kingsland_William_Web_SoS_Decision_for_publishing.pdf-explicit messages, damaging Mr Kingsland’s, and the School’s reputation. ./OFFICIAL_SENSITIVE_Kingsland_William_Web_SoS_Decision_for_publishing.pdf- ./OFFICIAL_SENSITIVE_Kingsland_William_Web_SoS_Decision_for_publishing.pdf-Although the panel did not have sight of any evidence as to how the messages had ./OFFICIAL_SENSITIVE_Kingsland_William_Web_SoS_Decision_for_publishing.pdf-impacted Person A, the panel noted that the screenshots of the conversation show that ./OFFICIAL_SENSITIVE_Kingsland_William_Web_SoS_Decision_for_publishing.pdf-Person A had limited engagement with the conversation and the screenshots had been ./OFFICIAL_SENSITIVE_Kingsland_William_Web_SoS_Decision_for_publishing.pdf-shared with others, following which Mr Kingsland was contacted via social media and ./OFFICIAL_SENSITIVE_Kingsland_William_Web_SoS_Decision_for_publishing.pdf-warned to stop messaging Person A. ./OFFICIAL_SENSITIVE_Kingsland_William_Web_SoS_Decision_for_publishing.pdf- ./OFFICIAL_SENSITIVE_Kingsland_William_Web_SoS_Decision_for_publishing.pdf-The allegation was admitted and was supported by evidence presented to the panel ./OFFICIAL_SENSITIVE_Kingsland_William_Web_SoS_Decision_for_publishing.pdf-within the bundle, the allegation was therefore, found proved. -- ./OFFICIAL_SENSITIVE_Kingsland_William_Web_SoS_Decision_for_publishing.pdf-maintain a professional level of conduct in their personal use of technology, both on and ./OFFICIAL_SENSITIVE_Kingsland_William_Web_SoS_Decision_for_publishing.pdf-off site” and an expectation on all members of the School community to “engage in social ./OFFICIAL_SENSITIVE_Kingsland_William_Web_SoS_Decision_for_publishing.pdf-media in a positive, safe and responsible manner”. ./OFFICIAL_SENSITIVE_Kingsland_William_Web_SoS_Decision_for_publishing.pdf- ./OFFICIAL_SENSITIVE_Kingsland_William_Web_SoS_Decision_for_publishing.pdf-Although the copy of the School’s Online Safety Policy provided is unsigned by Mr ./OFFICIAL_SENSITIVE_Kingsland_William_Web_SoS_Decision_for_publishing.pdf-Kingsland the panel considered it likely that Mr Kingsland was aware of the Online Safety ./OFFICIAL_SENSITIVE_Kingsland_William_Web_SoS_Decision_for_publishing.pdf-Policy. Mr Kingsland has admitted the facts of the allegation and Mr Kingsland had ./OFFICIAL_SENSITIVE_Kingsland_William_Web_SoS_Decision_for_publishing.pdf-acknowledged the serious nature of his actions soon after sending the private messages ./OFFICIAL_SENSITIVE_Kingsland_William_Web_SoS_Decision_for_publishing.pdf-to Person A, bringing this to the School’s attention. ./OFFICIAL_SENSITIVE_Kingsland_William_Web_SoS_Decision_for_publishing.pdf- ./OFFICIAL_SENSITIVE_Kingsland_William_Web_SoS_Decision_for_publishing.pdf:The panel considered that the inappropriate and sexually explicit private messages, sent ./OFFICIAL_SENSITIVE_Kingsland_William_Web_SoS_Decision_for_publishing.pdf-in a personal capacity to a 16 year old did not model good practice and contravened the ./OFFICIAL_SENSITIVE_Kingsland_William_Web_SoS_Decision_for_publishing.pdf-School’s Online Safety Policy. ./OFFICIAL_SENSITIVE_Kingsland_William_Web_SoS_Decision_for_publishing.pdf- ./OFFICIAL_SENSITIVE_Kingsland_William_Web_SoS_Decision_for_publishing.pdf-The allegation was admitted and was supported by evidence presented to the panel ./OFFICIAL_SENSITIVE_Kingsland_William_Web_SoS_Decision_for_publishing.pdf-within the bundle, the allegation was therefore, found proved. ./OFFICIAL_SENSITIVE_Kingsland_William_Web_SoS_Decision_for_publishing.pdf- ./OFFICIAL_SENSITIVE_Kingsland_William_Web_SoS_Decision_for_publishing.pdf- 8 ./OFFICIAL_SENSITIVE_Kingsland_William_Web_SoS_Decision_for_publishing.pdf- -- ./OFFICIAL_SENSITIVE_Kingsland_William_Web_SoS_Decision_for_publishing.pdf-panel considered it likely that Mr Kingsland was aware of the Code of Conduct. This was ./OFFICIAL_SENSITIVE_Kingsland_William_Web_SoS_Decision_for_publishing.pdf-referenced in the disciplinary hearing, Mr Kingsland has admitted the facts of the ./OFFICIAL_SENSITIVE_Kingsland_William_Web_SoS_Decision_for_publishing.pdf-allegation and Mr Kingsland had acknowledged the serious nature of his actions soon ./OFFICIAL_SENSITIVE_Kingsland_William_Web_SoS_Decision_for_publishing.pdf-after sending the private messages to Person A, bringing this to the School’s attention. ./OFFICIAL_SENSITIVE_Kingsland_William_Web_SoS_Decision_for_publishing.pdf-The panel had sight of a signed interview note taken during the School’s disciplinary ./OFFICIAL_SENSITIVE_Kingsland_William_Web_SoS_Decision_for_publishing.pdf-hearing, in which a former colleague recalled Mr Kingsland’s telephone call on 25 ./OFFICIAL_SENSITIVE_Kingsland_William_Web_SoS_Decision_for_publishing.pdf-January 2020 and the School’s Code of Conduct being mentioned. ./OFFICIAL_SENSITIVE_Kingsland_William_Web_SoS_Decision_for_publishing.pdf- ./OFFICIAL_SENSITIVE_Kingsland_William_Web_SoS_Decision_for_publishing.pdf-The panel considered that Mr Kingsland had acted contrary to the School’s interests and ./OFFICIAL_SENSITIVE_Kingsland_William_Web_SoS_Decision_for_publishing.pdf-damaged its reputation. The panel noted that the private messages, which were ./OFFICIAL_SENSITIVE_Kingsland_William_Web_SoS_Decision_for_publishing.pdf:inappropriate and sexually explicit in nature, had been shared on social media and the ./OFFICIAL_SENSITIVE_Kingsland_William_Web_SoS_Decision_for_publishing.pdf-School had been identified as Mr Kingsland’s place of work. The panel also noted ./OFFICIAL_SENSITIVE_Kingsland_William_Web_SoS_Decision_for_publishing.pdf-concern amongst the local community as to the content of the messages. For example, ./OFFICIAL_SENSITIVE_Kingsland_William_Web_SoS_Decision_for_publishing.pdf-the panel had sight of a signed file note from a parent of a pupil at the School, ./OFFICIAL_SENSITIVE_Kingsland_William_Web_SoS_Decision_for_publishing.pdf-[REDACTED], which described the messages as “very graphic and worrying”. The panel ./OFFICIAL_SENSITIVE_Kingsland_William_Web_SoS_Decision_for_publishing.pdf-also had sight of an email from a moderator of a Facebook page which acknowledged ./OFFICIAL_SENSITIVE_Kingsland_William_Web_SoS_Decision_for_publishing.pdf-that the messages could harm the School and described the “persistence” of the author ./OFFICIAL_SENSITIVE_Kingsland_William_Web_SoS_Decision_for_publishing.pdf-of the posts sharing the messages online. ./OFFICIAL_SENSITIVE_Kingsland_William_Web_SoS_Decision_for_publishing.pdf- ./OFFICIAL_SENSITIVE_Kingsland_William_Web_SoS_Decision_for_publishing.pdf-Although Mr Kingsland had not intended for the messages to become public, the panel ./OFFICIAL_SENSITIVE_Kingsland_William_Web_SoS_Decision_for_publishing.pdf-considered that the School’s reputation had been negatively impacted. ./OFFICIAL_SENSITIVE_Kingsland_William_Web_SoS_Decision_for_publishing.pdf- ./OFFICIAL_SENSITIVE_Kingsland_William_Web_SoS_Decision_for_publishing.pdf-The allegation was admitted and was supported by evidence presented to the panel ./OFFICIAL_SENSITIVE_Kingsland_William_Web_SoS_Decision_for_publishing.pdf-within the bundle, the allegation was therefore, found proved. ./OFFICIAL_SENSITIVE_Kingsland_William_Web_SoS_Decision_for_publishing.pdf- ./OFFICIAL_SENSITIVE_Kingsland_William_Web_SoS_Decision_for_publishing.pdf: 3. Your conduct as set out in paragraph 1, was sexually motivated. ./OFFICIAL_SENSITIVE_Kingsland_William_Web_SoS_Decision_for_publishing.pdf- ./OFFICIAL_SENSITIVE_Kingsland_William_Web_SoS_Decision_for_publishing.pdf-Mr Kingsland admitted during the School’s disciplinary hearing that the comments made ./OFFICIAL_SENSITIVE_Kingsland_William_Web_SoS_Decision_for_publishing.pdf:were sexual. In his statement, he references that he was “more sexually explicit” in his ./OFFICIAL_SENSITIVE_Kingsland_William_Web_SoS_Decision_for_publishing.pdf-questions, having previously sent messages to Person A in December, and admits “fully ./OFFICIAL_SENSITIVE_Kingsland_William_Web_SoS_Decision_for_publishing.pdf:that I acted completely inappropriately with sexual comments”. ./OFFICIAL_SENSITIVE_Kingsland_William_Web_SoS_Decision_for_publishing.pdf- ./OFFICIAL_SENSITIVE_Kingsland_William_Web_SoS_Decision_for_publishing.pdf:The panel considered the very nature of the language used to be sexual and the content ./OFFICIAL_SENSITIVE_Kingsland_William_Web_SoS_Decision_for_publishing.pdf:of the messages to be sexually motivated. In the disciplinary hearing Mr Kingsland ./OFFICIAL_SENSITIVE_Kingsland_William_Web_SoS_Decision_for_publishing.pdf:explained his motivation, which a reasonable person would consider to be a sexual one. ./OFFICIAL_SENSITIVE_Kingsland_William_Web_SoS_Decision_for_publishing.pdf- ./OFFICIAL_SENSITIVE_Kingsland_William_Web_SoS_Decision_for_publishing.pdf- 9 ./OFFICIAL_SENSITIVE_Kingsland_William_Web_SoS_Decision_for_publishing.pdf- -- ./OFFICIAL_SENSITIVE_Kingsland_William_Web_SoS_Decision_for_publishing.pdf- ./OFFICIAL_SENSITIVE_Kingsland_William_Web_SoS_Decision_for_publishing.pdf- • Teachers must have proper and professional regard for the ethos, policies and ./OFFICIAL_SENSITIVE_Kingsland_William_Web_SoS_Decision_for_publishing.pdf- practices of the school in which they teach. ./OFFICIAL_SENSITIVE_Kingsland_William_Web_SoS_Decision_for_publishing.pdf- ./OFFICIAL_SENSITIVE_Kingsland_William_Web_SoS_Decision_for_publishing.pdf- • Teachers must have an understanding of, and always act within, the statutory ./OFFICIAL_SENSITIVE_Kingsland_William_Web_SoS_Decision_for_publishing.pdf- frameworks which set out their professional duties and responsibilities. ./OFFICIAL_SENSITIVE_Kingsland_William_Web_SoS_Decision_for_publishing.pdf- ./OFFICIAL_SENSITIVE_Kingsland_William_Web_SoS_Decision_for_publishing.pdf-The panel was satisfied that the conduct of Mr Kingsland fell significantly short of the ./OFFICIAL_SENSITIVE_Kingsland_William_Web_SoS_Decision_for_publishing.pdf-standards expected of the profession. ./OFFICIAL_SENSITIVE_Kingsland_William_Web_SoS_Decision_for_publishing.pdf- ./OFFICIAL_SENSITIVE_Kingsland_William_Web_SoS_Decision_for_publishing.pdf:The panel had found that Mr Kingsland had sent inappropriate and sexually explicit ./OFFICIAL_SENSITIVE_Kingsland_William_Web_SoS_Decision_for_publishing.pdf:private messages to a 16 year old and that the messages were sexually motivated. ./OFFICIAL_SENSITIVE_Kingsland_William_Web_SoS_Decision_for_publishing.pdf- ./OFFICIAL_SENSITIVE_Kingsland_William_Web_SoS_Decision_for_publishing.pdf-The panel also considered whether Mr Kingsland’s conduct displayed behaviours ./OFFICIAL_SENSITIVE_Kingsland_William_Web_SoS_Decision_for_publishing.pdf-associated with any of the offences listed on pages 10 and 11 of the Advice. ./OFFICIAL_SENSITIVE_Kingsland_William_Web_SoS_Decision_for_publishing.pdf- ./OFFICIAL_SENSITIVE_Kingsland_William_Web_SoS_Decision_for_publishing.pdf-The panel found that none of these offences was relevant. ./OFFICIAL_SENSITIVE_Kingsland_William_Web_SoS_Decision_for_publishing.pdf- ./OFFICIAL_SENSITIVE_Kingsland_William_Web_SoS_Decision_for_publishing.pdf-The panel noted that the allegations took place outside the education setting. Mr ./OFFICIAL_SENSITIVE_Kingsland_William_Web_SoS_Decision_for_publishing.pdf-Kingsland had been identified from his social media account as being an educator and, ./OFFICIAL_SENSITIVE_Kingsland_William_Web_SoS_Decision_for_publishing.pdf-when screenshots of the conversation with Person A were shared on social media, the ./OFFICIAL_SENSITIVE_Kingsland_William_Web_SoS_Decision_for_publishing.pdf:School was identified. The panel had found that the messages were sexually explicit in ./OFFICIAL_SENSITIVE_Kingsland_William_Web_SoS_Decision_for_publishing.pdf-nature. The panel also noted that rumours circulated amongst pupils at the School as to ./OFFICIAL_SENSITIVE_Kingsland_William_Web_SoS_Decision_for_publishing.pdf-the reason for Mr Kingsland’s absence, which the School then addressed. Therefore, the ./OFFICIAL_SENSITIVE_Kingsland_William_Web_SoS_Decision_for_publishing.pdf-panel considered that Mr Kingsland’s actions had affected the way in which he fulfilled ./OFFICIAL_SENSITIVE_Kingsland_William_Web_SoS_Decision_for_publishing.pdf-his teaching role and potentially led to pupils being exposed to or influenced by the ./OFFICIAL_SENSITIVE_Kingsland_William_Web_SoS_Decision_for_publishing.pdf-behaviour in a harmful way. ./OFFICIAL_SENSITIVE_Kingsland_William_Web_SoS_Decision_for_publishing.pdf- ./OFFICIAL_SENSITIVE_Kingsland_William_Web_SoS_Decision_for_publishing.pdf- ./OFFICIAL_SENSITIVE_Kingsland_William_Web_SoS_Decision_for_publishing.pdf- ./OFFICIAL_SENSITIVE_Kingsland_William_Web_SoS_Decision_for_publishing.pdf- 10 ./OFFICIAL_SENSITIVE_Kingsland_William_Web_SoS_Decision_for_publishing.pdf- -- ./OFFICIAL_SENSITIVE_Kingsland_William_Web_SoS_Decision_for_publishing.pdf-considered the influence that teachers may have on pupils, parents, and others in the ./OFFICIAL_SENSITIVE_Kingsland_William_Web_SoS_Decision_for_publishing.pdf-community. The panel also took account of the uniquely influential role that teachers can ./OFFICIAL_SENSITIVE_Kingsland_William_Web_SoS_Decision_for_publishing.pdf-hold in pupils’ lives and the fact that pupils must be able to view teachers as role models ./OFFICIAL_SENSITIVE_Kingsland_William_Web_SoS_Decision_for_publishing.pdf-in the way they behave. ./OFFICIAL_SENSITIVE_Kingsland_William_Web_SoS_Decision_for_publishing.pdf- ./OFFICIAL_SENSITIVE_Kingsland_William_Web_SoS_Decision_for_publishing.pdf-The findings of misconduct were serious, and the conduct displayed would be likely to ./OFFICIAL_SENSITIVE_Kingsland_William_Web_SoS_Decision_for_publishing.pdf-have a negative impact on the individual’s status as a teacher, potentially damaging the ./OFFICIAL_SENSITIVE_Kingsland_William_Web_SoS_Decision_for_publishing.pdf-public perception. Mr Kingsland had been identified from his social media account as ./OFFICIAL_SENSITIVE_Kingsland_William_Web_SoS_Decision_for_publishing.pdf-working in education and, when screenshots of the conversation with Person A were ./OFFICIAL_SENSITIVE_Kingsland_William_Web_SoS_Decision_for_publishing.pdf-shared on social media, the School was identified. The panel had found the messages to ./OFFICIAL_SENSITIVE_Kingsland_William_Web_SoS_Decision_for_publishing.pdf:be inappropriate and sexually explicit and noted the negative perception of the messages ./OFFICIAL_SENSITIVE_Kingsland_William_Web_SoS_Decision_for_publishing.pdf-in the local community. ./OFFICIAL_SENSITIVE_Kingsland_William_Web_SoS_Decision_for_publishing.pdf- ./OFFICIAL_SENSITIVE_Kingsland_William_Web_SoS_Decision_for_publishing.pdf-The panel therefore found that Mr Kingsland’s actions constituted conduct that may bring ./OFFICIAL_SENSITIVE_Kingsland_William_Web_SoS_Decision_for_publishing.pdf-the profession into disrepute. ./OFFICIAL_SENSITIVE_Kingsland_William_Web_SoS_Decision_for_publishing.pdf- ./OFFICIAL_SENSITIVE_Kingsland_William_Web_SoS_Decision_for_publishing.pdf-Having found the facts of the allegations proved, the panel further found that Mr ./OFFICIAL_SENSITIVE_Kingsland_William_Web_SoS_Decision_for_publishing.pdf-Kingsland’s conduct amounted to both unacceptable professional conduct and conduct ./OFFICIAL_SENSITIVE_Kingsland_William_Web_SoS_Decision_for_publishing.pdf-that may bring the profession into disrepute. ./OFFICIAL_SENSITIVE_Kingsland_William_Web_SoS_Decision_for_publishing.pdf- ./OFFICIAL_SENSITIVE_Kingsland_William_Web_SoS_Decision_for_publishing.pdf- -- ./OFFICIAL_SENSITIVE_Kingsland_William_Web_SoS_Decision_for_publishing.pdf-proportionate measure, and whether it would be in the public interest to do so. Prohibition ./OFFICIAL_SENSITIVE_Kingsland_William_Web_SoS_Decision_for_publishing.pdf-orders should not be given in order to be punitive, or to show that blame has been ./OFFICIAL_SENSITIVE_Kingsland_William_Web_SoS_Decision_for_publishing.pdf-apportioned, although they are likely to have punitive effect. ./OFFICIAL_SENSITIVE_Kingsland_William_Web_SoS_Decision_for_publishing.pdf- ./OFFICIAL_SENSITIVE_Kingsland_William_Web_SoS_Decision_for_publishing.pdf-The panel had regard to the particular public interest considerations set out in the Advice ./OFFICIAL_SENSITIVE_Kingsland_William_Web_SoS_Decision_for_publishing.pdf-and having done so, found a number of them to be relevant in this case, namely the ./OFFICIAL_SENSITIVE_Kingsland_William_Web_SoS_Decision_for_publishing.pdf-maintenance of public confidence in the profession and declaring and upholding proper ./OFFICIAL_SENSITIVE_Kingsland_William_Web_SoS_Decision_for_publishing.pdf-standards of conduct. ./OFFICIAL_SENSITIVE_Kingsland_William_Web_SoS_Decision_for_publishing.pdf- ./OFFICIAL_SENSITIVE_Kingsland_William_Web_SoS_Decision_for_publishing.pdf-In the light of the panel’s findings against Mr Kingsland, which involved sending ./OFFICIAL_SENSITIVE_Kingsland_William_Web_SoS_Decision_for_publishing.pdf:messages that were inappropriate and sexually explicit in nature to Person A and failing ./OFFICIAL_SENSITIVE_Kingsland_William_Web_SoS_Decision_for_publishing.pdf-to comply with the School’s policies and Code of Conduct, there was a strong public ./OFFICIAL_SENSITIVE_Kingsland_William_Web_SoS_Decision_for_publishing.pdf- ./OFFICIAL_SENSITIVE_Kingsland_William_Web_SoS_Decision_for_publishing.pdf- 11 ./OFFICIAL_SENSITIVE_Kingsland_William_Web_SoS_Decision_for_publishing.pdf- -- ./OFFICIAL_SENSITIVE_Kingsland_William_Web_SoS_Decision_for_publishing.pdf- ./OFFICIAL_SENSITIVE_Kingsland_William_Web_SoS_Decision_for_publishing.pdf-In carrying out the balancing exercise, the panel had regard to the public interest ./OFFICIAL_SENSITIVE_Kingsland_William_Web_SoS_Decision_for_publishing.pdf-considerations both in favour of, and against, prohibition as well as the interests of Mr ./OFFICIAL_SENSITIVE_Kingsland_William_Web_SoS_Decision_for_publishing.pdf-Kingsland. The panel took further account of the Advice, which suggests that a ./OFFICIAL_SENSITIVE_Kingsland_William_Web_SoS_Decision_for_publishing.pdf-prohibition order may be appropriate if certain behaviours of a teacher have been proved. ./OFFICIAL_SENSITIVE_Kingsland_William_Web_SoS_Decision_for_publishing.pdf-In the list of such behaviours, those that are relevant in this case are: ./OFFICIAL_SENSITIVE_Kingsland_William_Web_SoS_Decision_for_publishing.pdf- ./OFFICIAL_SENSITIVE_Kingsland_William_Web_SoS_Decision_for_publishing.pdf- • serious departure from the personal and professional conduct elements of the ./OFFICIAL_SENSITIVE_Kingsland_William_Web_SoS_Decision_for_publishing.pdf- Teachers’ Standards; ./OFFICIAL_SENSITIVE_Kingsland_William_Web_SoS_Decision_for_publishing.pdf- ./OFFICIAL_SENSITIVE_Kingsland_William_Web_SoS_Decision_for_publishing.pdf: • sexual misconduct, for example, involving actions that were sexually motivated ./OFFICIAL_SENSITIVE_Kingsland_William_Web_SoS_Decision_for_publishing.pdf: or of a sexual nature; ./OFFICIAL_SENSITIVE_Kingsland_William_Web_SoS_Decision_for_publishing.pdf- ./OFFICIAL_SENSITIVE_Kingsland_William_Web_SoS_Decision_for_publishing.pdf-Even though some of the behaviour found proved in this case indicated that a prohibition ./OFFICIAL_SENSITIVE_Kingsland_William_Web_SoS_Decision_for_publishing.pdf-order would be appropriate, the panel went on to consider the mitigating factors. ./OFFICIAL_SENSITIVE_Kingsland_William_Web_SoS_Decision_for_publishing.pdf-Mitigating factors may indicate that a prohibition order would not be appropriate or ./OFFICIAL_SENSITIVE_Kingsland_William_Web_SoS_Decision_for_publishing.pdf-proportionate. ./OFFICIAL_SENSITIVE_Kingsland_William_Web_SoS_Decision_for_publishing.pdf- ./OFFICIAL_SENSITIVE_Kingsland_William_Web_SoS_Decision_for_publishing.pdf-Mr Kingsland did have a previously good history and the panel considered that the ./OFFICIAL_SENSITIVE_Kingsland_William_Web_SoS_Decision_for_publishing.pdf-incident was out of character. The panel noted that Mr Kingsland had immediately ./OFFICIAL_SENSITIVE_Kingsland_William_Web_SoS_Decision_for_publishing.pdf-reported his actions to the School when he was aware that the private conversation had ./OFFICIAL_SENSITIVE_Kingsland_William_Web_SoS_Decision_for_publishing.pdf-been shared on social media. It is also noted in the bundle that Mr Kingsland had -- ./OFFICIAL_SENSITIVE_Kingsland_William_Web_SoS_Decision_for_publishing.pdf-made by the panel would be sufficient. ./OFFICIAL_SENSITIVE_Kingsland_William_Web_SoS_Decision_for_publishing.pdf- ./OFFICIAL_SENSITIVE_Kingsland_William_Web_SoS_Decision_for_publishing.pdf-The panel was of the view that, applying the standard of the ordinary intelligent citizen, it ./OFFICIAL_SENSITIVE_Kingsland_William_Web_SoS_Decision_for_publishing.pdf-would not be a proportionate and appropriate response to recommend no prohibition ./OFFICIAL_SENSITIVE_Kingsland_William_Web_SoS_Decision_for_publishing.pdf-order. Recommending that the publication of adverse findings was sufficient would ./OFFICIAL_SENSITIVE_Kingsland_William_Web_SoS_Decision_for_publishing.pdf-unacceptably compromise the public interest considerations present in this case, despite ./OFFICIAL_SENSITIVE_Kingsland_William_Web_SoS_Decision_for_publishing.pdf-the severity of the consequences for Mr Kingsland of prohibition. ./OFFICIAL_SENSITIVE_Kingsland_William_Web_SoS_Decision_for_publishing.pdf- ./OFFICIAL_SENSITIVE_Kingsland_William_Web_SoS_Decision_for_publishing.pdf-The panel was of the view that prohibition was both proportionate and appropriate. The ./OFFICIAL_SENSITIVE_Kingsland_William_Web_SoS_Decision_for_publishing.pdf-panel decided that the public interest considerations outweighed the interests of Mr ./OFFICIAL_SENSITIVE_Kingsland_William_Web_SoS_Decision_for_publishing.pdf:Kingsland. The finding of sexual motivation was a significant factor in forming that ./OFFICIAL_SENSITIVE_Kingsland_William_Web_SoS_Decision_for_publishing.pdf-opinion. Accordingly, the panel made a recommendation to the Secretary of State that a ./OFFICIAL_SENSITIVE_Kingsland_William_Web_SoS_Decision_for_publishing.pdf-prohibition order should be imposed with immediate effect. ./OFFICIAL_SENSITIVE_Kingsland_William_Web_SoS_Decision_for_publishing.pdf- ./OFFICIAL_SENSITIVE_Kingsland_William_Web_SoS_Decision_for_publishing.pdf-The panel went on to consider whether or not it would be appropriate to recommend that ./OFFICIAL_SENSITIVE_Kingsland_William_Web_SoS_Decision_for_publishing.pdf-a review period of the order should be considered. The panel was mindful that the Advice ./OFFICIAL_SENSITIVE_Kingsland_William_Web_SoS_Decision_for_publishing.pdf-states that a prohibition order applies for life, but there may be circumstances, in any ./OFFICIAL_SENSITIVE_Kingsland_William_Web_SoS_Decision_for_publishing.pdf-given case, that may make it appropriate to allow a teacher to apply to have the ./OFFICIAL_SENSITIVE_Kingsland_William_Web_SoS_Decision_for_publishing.pdf-prohibition order reviewed after a specified period of time that may not be less than 2 ./OFFICIAL_SENSITIVE_Kingsland_William_Web_SoS_Decision_for_publishing.pdf-years. ./OFFICIAL_SENSITIVE_Kingsland_William_Web_SoS_Decision_for_publishing.pdf- ./OFFICIAL_SENSITIVE_Kingsland_William_Web_SoS_Decision_for_publishing.pdf-The Advice indicates that there are behaviours that, if proved, would militate against the ./OFFICIAL_SENSITIVE_Kingsland_William_Web_SoS_Decision_for_publishing.pdf:recommendation of a review period. One of these behaviours is serious sexual ./OFFICIAL_SENSITIVE_Kingsland_William_Web_SoS_Decision_for_publishing.pdf:misconduct, such as where the act was sexually motivated and resulted in or had the ./OFFICIAL_SENSITIVE_Kingsland_William_Web_SoS_Decision_for_publishing.pdf-potential to result in, harm to a person or persons, particularly where the individual has ./OFFICIAL_SENSITIVE_Kingsland_William_Web_SoS_Decision_for_publishing.pdf-used his professional position to influence or exploit a person or persons. Although the ./OFFICIAL_SENSITIVE_Kingsland_William_Web_SoS_Decision_for_publishing.pdf:panel had found that Mr Kingsland had acted for sexually motivated reasons when ./OFFICIAL_SENSITIVE_Kingsland_William_Web_SoS_Decision_for_publishing.pdf-sending the inappropriate messages to Person A, the panel did not consider that this ./OFFICIAL_SENSITIVE_Kingsland_William_Web_SoS_Decision_for_publishing.pdf:amounted to serious sexual misconduct. The panel noted that Person A was not a pupil ./OFFICIAL_SENSITIVE_Kingsland_William_Web_SoS_Decision_for_publishing.pdf-at the School or formerly taught by Mr Kingsland and Mr Kingsland had not used his ./OFFICIAL_SENSITIVE_Kingsland_William_Web_SoS_Decision_for_publishing.pdf-professional position to influence or exploit Person A. ./OFFICIAL_SENSITIVE_Kingsland_William_Web_SoS_Decision_for_publishing.pdf- ./OFFICIAL_SENSITIVE_Kingsland_William_Web_SoS_Decision_for_publishing.pdf-The panel considered that Mr Kingsland had shown a deep level of insight into his ./OFFICIAL_SENSITIVE_Kingsland_William_Web_SoS_Decision_for_publishing.pdf-actions. Mr Kingsland had reported and admitted his actions to the School, within hours ./OFFICIAL_SENSITIVE_Kingsland_William_Web_SoS_Decision_for_publishing.pdf-of sending the private messages. He had also written a meaningful apology to ./OFFICIAL_SENSITIVE_Kingsland_William_Web_SoS_Decision_for_publishing.pdf- ./OFFICIAL_SENSITIVE_Kingsland_William_Web_SoS_Decision_for_publishing.pdf- 13 ./OFFICIAL_SENSITIVE_Kingsland_William_Web_SoS_Decision_for_publishing.pdf- -- ./OFFICIAL_SENSITIVE_Kingsland_William_Web_SoS_Decision_for_publishing.pdf- • Teachers must have proper and professional regard for the ethos, policies and ./OFFICIAL_SENSITIVE_Kingsland_William_Web_SoS_Decision_for_publishing.pdf- practices of the school in which they teach. ./OFFICIAL_SENSITIVE_Kingsland_William_Web_SoS_Decision_for_publishing.pdf- ./OFFICIAL_SENSITIVE_Kingsland_William_Web_SoS_Decision_for_publishing.pdf- • Teachers must have an understanding of, and always act within, the statutory ./OFFICIAL_SENSITIVE_Kingsland_William_Web_SoS_Decision_for_publishing.pdf- frameworks which set out their professional duties and responsibilities. ./OFFICIAL_SENSITIVE_Kingsland_William_Web_SoS_Decision_for_publishing.pdf- ./OFFICIAL_SENSITIVE_Kingsland_William_Web_SoS_Decision_for_publishing.pdf-The panel finds that the conduct of Mr Kingsland fell significantly short of the standards ./OFFICIAL_SENSITIVE_Kingsland_William_Web_SoS_Decision_for_publishing.pdf-expected of the profession. ./OFFICIAL_SENSITIVE_Kingsland_William_Web_SoS_Decision_for_publishing.pdf- ./OFFICIAL_SENSITIVE_Kingsland_William_Web_SoS_Decision_for_publishing.pdf-The findings of misconduct are particularly serious as they include a finding which ./OFFICIAL_SENSITIVE_Kingsland_William_Web_SoS_Decision_for_publishing.pdf:involved sending messages that were inappropriate and sexually explicit in nature to ./OFFICIAL_SENSITIVE_Kingsland_William_Web_SoS_Decision_for_publishing.pdf-Person A and failing to comply with the School’s policies and Code of Conduct. ./OFFICIAL_SENSITIVE_Kingsland_William_Web_SoS_Decision_for_publishing.pdf- ./OFFICIAL_SENSITIVE_Kingsland_William_Web_SoS_Decision_for_publishing.pdf- ./OFFICIAL_SENSITIVE_Kingsland_William_Web_SoS_Decision_for_publishing.pdf- 14 ./OFFICIAL_SENSITIVE_Kingsland_William_Web_SoS_Decision_for_publishing.pdf- -- ./OFFICIAL_SENSITIVE_Kingsland_William_Web_SoS_Decision_for_publishing.pdf-School, within hours of sending the private messages. He had also written a meaningful ./OFFICIAL_SENSITIVE_Kingsland_William_Web_SoS_Decision_for_publishing.pdf-apology to colleagues, as well as reiterated how sorry he was throughout the disciplinary ./OFFICIAL_SENSITIVE_Kingsland_William_Web_SoS_Decision_for_publishing.pdf-hearing. The panel considered this remorse to be genuine”. ./OFFICIAL_SENSITIVE_Kingsland_William_Web_SoS_Decision_for_publishing.pdf- ./OFFICIAL_SENSITIVE_Kingsland_William_Web_SoS_Decision_for_publishing.pdf-I have gone on to consider the extent to which a prohibition order would maintain public ./OFFICIAL_SENSITIVE_Kingsland_William_Web_SoS_Decision_for_publishing.pdf-confidence in the profession. The panel observe, “The findings of misconduct were ./OFFICIAL_SENSITIVE_Kingsland_William_Web_SoS_Decision_for_publishing.pdf-serious, and the conduct displayed would be likely to have a negative impact on the ./OFFICIAL_SENSITIVE_Kingsland_William_Web_SoS_Decision_for_publishing.pdf-individual’s status as a teacher, potentially damaging the public perception. Mr Kingsland ./OFFICIAL_SENSITIVE_Kingsland_William_Web_SoS_Decision_for_publishing.pdf-had been identified from his social media account as working in education and, when ./OFFICIAL_SENSITIVE_Kingsland_William_Web_SoS_Decision_for_publishing.pdf-screenshots of the conversation with Person A were shared on social media, the School ./OFFICIAL_SENSITIVE_Kingsland_William_Web_SoS_Decision_for_publishing.pdf:was identified. The panel had found the messages to be inappropriate and sexually ./OFFICIAL_SENSITIVE_Kingsland_William_Web_SoS_Decision_for_publishing.pdf-explicit and noted the negative perception of the messages in the local community”. ./OFFICIAL_SENSITIVE_Kingsland_William_Web_SoS_Decision_for_publishing.pdf- ./OFFICIAL_SENSITIVE_Kingsland_William_Web_SoS_Decision_for_publishing.pdf-I have had to consider that the public has a high expectation of professional standards of ./OFFICIAL_SENSITIVE_Kingsland_William_Web_SoS_Decision_for_publishing.pdf-all teachers and that the public might regard a failure to impose a prohibition order as a ./OFFICIAL_SENSITIVE_Kingsland_William_Web_SoS_Decision_for_publishing.pdf-failure to uphold those high standards. In weighing these considerations, I have had to ./OFFICIAL_SENSITIVE_Kingsland_William_Web_SoS_Decision_for_publishing.pdf-consider the matter from the point of view of an “ordinary intelligent and well-informed ./OFFICIAL_SENSITIVE_Kingsland_William_Web_SoS_Decision_for_publishing.pdf-citizen.” ./OFFICIAL_SENSITIVE_Kingsland_William_Web_SoS_Decision_for_publishing.pdf- ./OFFICIAL_SENSITIVE_Kingsland_William_Web_SoS_Decision_for_publishing.pdf-I have considered whether the publication of a finding of unacceptable professional ./OFFICIAL_SENSITIVE_Kingsland_William_Web_SoS_Decision_for_publishing.pdf-conduct, in the absence of a prohibition order, can itself be regarded by such a person as -- ./OFFICIAL_SENSITIVE_Kingsland_William_Web_SoS_Decision_for_publishing.pdf-A prohibition order would prevent Mr Kingsland from teaching. A prohibition order would ./OFFICIAL_SENSITIVE_Kingsland_William_Web_SoS_Decision_for_publishing.pdf-also clearly deprive the public of his contribution to the profession for the period that it is ./OFFICIAL_SENSITIVE_Kingsland_William_Web_SoS_Decision_for_publishing.pdf-in force. ./OFFICIAL_SENSITIVE_Kingsland_William_Web_SoS_Decision_for_publishing.pdf- ./OFFICIAL_SENSITIVE_Kingsland_William_Web_SoS_Decision_for_publishing.pdf-In considering this case, although the conduct took place outside the education setting, I ./OFFICIAL_SENSITIVE_Kingsland_William_Web_SoS_Decision_for_publishing.pdf-have placed considerable weight on the following comments “The panel considered that ./OFFICIAL_SENSITIVE_Kingsland_William_Web_SoS_Decision_for_publishing.pdf:the inappropriate and sexually explicit private messages, sent in a personal capacity to a ./OFFICIAL_SENSITIVE_Kingsland_William_Web_SoS_Decision_for_publishing.pdf-16 year old did not model good practice and contravened the School’s Online Safety ./OFFICIAL_SENSITIVE_Kingsland_William_Web_SoS_Decision_for_publishing.pdf-Policy” and that “the panel considered that Mr Kingsland’s actions had affected the way ./OFFICIAL_SENSITIVE_Kingsland_William_Web_SoS_Decision_for_publishing.pdf-in which he fulfilled his teaching role and potentially led to pupils being exposed to or ./OFFICIAL_SENSITIVE_Kingsland_William_Web_SoS_Decision_for_publishing.pdf-influenced by the behaviour in a harmful way”. ./OFFICIAL_SENSITIVE_Kingsland_William_Web_SoS_Decision_for_publishing.pdf- ./OFFICIAL_SENSITIVE_Kingsland_William_Web_SoS_Decision_for_publishing.pdf-I have given less weight in my consideration of sanction therefore, to the contribution that ./OFFICIAL_SENSITIVE_Kingsland_William_Web_SoS_Decision_for_publishing.pdf-Mr Kingsland has made to the profession. In my view, it is necessary to impose a ./OFFICIAL_SENSITIVE_Kingsland_William_Web_SoS_Decision_for_publishing.pdf-prohibition order in order to maintain public confidence in the profession. A published ./OFFICIAL_SENSITIVE_Kingsland_William_Web_SoS_Decision_for_publishing.pdf-decision, in light of the circumstances in this case, does not in my view satisfy the public ./OFFICIAL_SENSITIVE_Kingsland_William_Web_SoS_Decision_for_publishing.pdf-interest requirement concerning public confidence in the profession. ./OFFICIAL_SENSITIVE_King_Adam_SoS_Decision.pdf-On the weekend of 27 to 29 October 2017, Mr King volunteered at a residential weekend ./OFFICIAL_SENSITIVE_King_Adam_SoS_Decision.pdf-being run by the charity at the Kingswood Adventure Centre (‘the Centre’) in ./OFFICIAL_SENSITIVE_King_Adam_SoS_Decision.pdf-Coisborough, South Yorkshire. ./OFFICIAL_SENSITIVE_King_Adam_SoS_Decision.pdf- ./OFFICIAL_SENSITIVE_King_Adam_SoS_Decision.pdf-Child A was an 8 year old boy with Type 1 diabetes. On 27 October 2017 he was ./OFFICIAL_SENSITIVE_King_Adam_SoS_Decision.pdf-delivered to the centre by his family. During a handover procedure, Mr King was told that ./OFFICIAL_SENSITIVE_King_Adam_SoS_Decision.pdf-Child A was a heavy sleeper. ./OFFICIAL_SENSITIVE_King_Adam_SoS_Decision.pdf- ./OFFICIAL_SENSITIVE_King_Adam_SoS_Decision.pdf-During the night of 28 October 2017, Mr King entered the room where Child A and a ./OFFICIAL_SENSITIVE_King_Adam_SoS_Decision.pdf-number of other children were sleeping. Believing Child A to be asleep, Mr King pulled ./OFFICIAL_SENSITIVE_King_Adam_SoS_Decision.pdf:down Child A’s pyjama bottoms and performed oral sex on Child A. ./OFFICIAL_SENSITIVE_King_Adam_SoS_Decision.pdf- ./OFFICIAL_SENSITIVE_King_Adam_SoS_Decision.pdf-On 22 November 2017 Mr King was arrested by Thames Valley Police acting on behalf of ./OFFICIAL_SENSITIVE_King_Adam_SoS_Decision.pdf-South Yorkshire Police and released under investigation of assault on a boy under 13 by ./OFFICIAL_SENSITIVE_King_Adam_SoS_Decision.pdf-touching contrary to the Sexual Offences Act 2003. ./OFFICIAL_SENSITIVE_King_Adam_SoS_Decision.pdf- ./OFFICIAL_SENSITIVE_King_Adam_SoS_Decision.pdf-On 13 February 2018, the National College for Teaching and Leadership (a predecessor ./OFFICIAL_SENSITIVE_King_Adam_SoS_Decision.pdf-to the TRA) wrote to Mr King to inform him that it intended to consider making an interim ./OFFICIAL_SENSITIVE_King_Adam_SoS_Decision.pdf-prohibition order, which prevented Mr King from teaching until his case was concluded. ./OFFICIAL_SENSITIVE_King_Adam_SoS_Decision.pdf- ./OFFICIAL_SENSITIVE_King_Adam_SoS_Decision.pdf- -- ./OFFICIAL_SENSITIVE_King_Adam_SoS_Decision.pdf-On 23 December 2019, Mr King was convicted of the offence outlined in the allegations ./OFFICIAL_SENSITIVE_King_Adam_SoS_Decision.pdf-at Sheffield Crown Court and was sentenced to 4 years imprisonment. Mr King was also ./OFFICIAL_SENSITIVE_King_Adam_SoS_Decision.pdf:placed on the sex offenders register for an indefinite period and made the subject of a ./OFFICIAL_SENSITIVE_King_Adam_SoS_Decision.pdf-Sexual Harm Prevention Order until further order. ./OFFICIAL_SENSITIVE_King_Adam_SoS_Decision.pdf- ./OFFICIAL_SENSITIVE_King_Adam_SoS_Decision.pdf-Findings of fact ./OFFICIAL_SENSITIVE_King_Adam_SoS_Decision.pdf- ./OFFICIAL_SENSITIVE_King_Adam_SoS_Decision.pdf-The findings of fact are as follows: ./OFFICIAL_SENSITIVE_King_Adam_SoS_Decision.pdf- ./OFFICIAL_SENSITIVE_King_Adam_SoS_Decision.pdf-The panel found the following particulars of the allegation against you proved, for these ./OFFICIAL_SENSITIVE_King_Adam_SoS_Decision.pdf-reasons: ./OFFICIAL_SENSITIVE_King_Adam_SoS_Decision.pdf- ./OFFICIAL_SENSITIVE_King_Adam_SoS_Decision.pdf-1. Offence: Sexual Assault of Male Child Under 13 on 29/10/17. Sexual Offences ./OFFICIAL_SENSITIVE_King_Adam_SoS_Decision.pdf- Act 2003 s.7 ./OFFICIAL_SENSITIVE_King_Adam_SoS_Decision.pdf- ./OFFICIAL_SENSITIVE_King_Adam_SoS_Decision.pdf-The panel noted page 8 of the Teacher Misconduct: The Prohibition of Teachers (“the ./OFFICIAL_SENSITIVE_King_Adam_SoS_Decision.pdf-Advice”) which states that where there has been a conviction at any time of a criminal ./OFFICIAL_SENSITIVE_King_Adam_SoS_Decision.pdf-offence, the hearing will not re-examine the facts of the case and the panel will accept ./OFFICIAL_SENSITIVE_King_Adam_SoS_Decision.pdf-the conviction as conclusive proof that establishes the relevant fact. ./OFFICIAL_SENSITIVE_King_Adam_SoS_Decision.pdf- ./OFFICIAL_SENSITIVE_King_Adam_SoS_Decision.pdf-The panel had been provided with a copy of the certificate of conviction from The Crown ./OFFICIAL_SENSITIVE_King_Adam_SoS_Decision.pdf:Court at Sheffield. This detailed that Mr King had been convicted of sexual assault on a ./OFFICIAL_SENSITIVE_King_Adam_SoS_Decision.pdf-boy under 13 by touching and was sentenced to 4 years imprisonment; placed on the ./OFFICIAL_SENSITIVE_King_Adam_SoS_Decision.pdf-Sex Offenders Register for an indefinite period; made subject to a Sexual Harm ./OFFICIAL_SENSITIVE_King_Adam_SoS_Decision.pdf-Prevention Order until further order and ordered to pay a victim surcharge of £170. ./OFFICIAL_SENSITIVE_King_Adam_SoS_Decision.pdf- ./OFFICIAL_SENSITIVE_King_Adam_SoS_Decision.pdf-In addition, the panel noted that within the statement of agreed facts, signed by Mr King ./OFFICIAL_SENSITIVE_King_Adam_SoS_Decision.pdf-on 2 June 2021, Mr King admitted the facts of allegation 1. ./OFFICIAL_SENSITIVE_King_Adam_SoS_Decision.pdf- ./OFFICIAL_SENSITIVE_King_Adam_SoS_Decision.pdf-On examination of the documents before them, the panel was satisfied that the facts of ./OFFICIAL_SENSITIVE_King_Adam_SoS_Decision.pdf-allegation 1 were proven. ./OFFICIAL_SENSITIVE_King_Adam_SoS_Decision.pdf- -- ./OFFICIAL_SENSITIVE_King_Adam_SoS_Decision.pdf- ./OFFICIAL_SENSITIVE_King_Adam_SoS_Decision.pdf- o having regard for the need to safeguard pupils’ well-being, in accordance ./OFFICIAL_SENSITIVE_King_Adam_SoS_Decision.pdf- with statutory provision ./OFFICIAL_SENSITIVE_King_Adam_SoS_Decision.pdf- ./OFFICIAL_SENSITIVE_King_Adam_SoS_Decision.pdf- • Teachers must have an understanding of, and always act within, the statutory ./OFFICIAL_SENSITIVE_King_Adam_SoS_Decision.pdf- frameworks which set out their professional duties and responsibilities. ./OFFICIAL_SENSITIVE_King_Adam_SoS_Decision.pdf- ./OFFICIAL_SENSITIVE_King_Adam_SoS_Decision.pdf-The panel noted that the offence had taken place outside of the school setting and had ./OFFICIAL_SENSITIVE_King_Adam_SoS_Decision.pdf-not involved pupils from the school where Mr King worked or other members of staff. ./OFFICIAL_SENSITIVE_King_Adam_SoS_Decision.pdf-However, the panel concluded that Mr King’s actions were relevant to teaching, working ./OFFICIAL_SENSITIVE_King_Adam_SoS_Decision.pdf:with children and/or working in an education setting in that Mr King had sexually ./OFFICIAL_SENSITIVE_King_Adam_SoS_Decision.pdf-assaulted a child under the age of 13. The panel further noted that the offence involved a ./OFFICIAL_SENSITIVE_King_Adam_SoS_Decision.pdf-child in his care. Additionally, Mr King was responsible for teaching pupils of that (or a ./OFFICIAL_SENSITIVE_King_Adam_SoS_Decision.pdf-similar) age and the bundle specifically referenced that he had received safeguarding ./OFFICIAL_SENSITIVE_King_Adam_SoS_Decision.pdf-training. ./OFFICIAL_SENSITIVE_King_Adam_SoS_Decision.pdf- ./OFFICIAL_SENSITIVE_King_Adam_SoS_Decision.pdf-The panel noted that the behaviour involved in committing the offence could have had an ./OFFICIAL_SENSITIVE_King_Adam_SoS_Decision.pdf-impact on the safety or security of pupils, in particular the other children present in the ./OFFICIAL_SENSITIVE_King_Adam_SoS_Decision.pdf-room at the time of the offence, and those attending the residential weekend. ./OFFICIAL_SENSITIVE_King_Adam_SoS_Decision.pdf- ./OFFICIAL_SENSITIVE_King_Adam_SoS_Decision.pdf-The panel also took account of the way the teaching profession is viewed by others. The ./OFFICIAL_SENSITIVE_King_Adam_SoS_Decision.pdf-panel considered that Mr King’s behaviour in committing the offence could affect public ./OFFICIAL_SENSITIVE_King_Adam_SoS_Decision.pdf-confidence in the teaching profession, given the influence that teachers may have on ./OFFICIAL_SENSITIVE_King_Adam_SoS_Decision.pdf-pupils, parents and others in the community. ./OFFICIAL_SENSITIVE_King_Adam_SoS_Decision.pdf- ./OFFICIAL_SENSITIVE_King_Adam_SoS_Decision.pdf-The panel noted that Mr King’s behaviour ultimately led to a sentence of imprisonment of ./OFFICIAL_SENSITIVE_King_Adam_SoS_Decision.pdf-significant length, which was indicative of the seriousness of the offence committed. ./OFFICIAL_SENSITIVE_King_Adam_SoS_Decision.pdf- ./OFFICIAL_SENSITIVE_King_Adam_SoS_Decision.pdf-The panel noted pages 10 and 11 of the Advice, which state that any activity involving ./OFFICIAL_SENSITIVE_King_Adam_SoS_Decision.pdf:sexual activity is likely to be considered a relevant offence. ./OFFICIAL_SENSITIVE_King_Adam_SoS_Decision.pdf- ./OFFICIAL_SENSITIVE_King_Adam_SoS_Decision.pdf-The panel also found that the seriousness of the offending behaviour that led to the ./OFFICIAL_SENSITIVE_King_Adam_SoS_Decision.pdf-conviction was relevant to Mr King’s ongoing suitability to teach. The panel considered ./OFFICIAL_SENSITIVE_King_Adam_SoS_Decision.pdf-that this conviction was a relevant offence and it was necessary to reaffirm clear ./OFFICIAL_SENSITIVE_King_Adam_SoS_Decision.pdf-standards of conduct so as to maintain public confidence in the teaching profession. ./OFFICIAL_SENSITIVE_King_Adam_SoS_Decision.pdf- ./OFFICIAL_SENSITIVE_King_Adam_SoS_Decision.pdf-In summary, the panel found the allegations proven and that Mr King had been ./OFFICIAL_SENSITIVE_King_Adam_SoS_Decision.pdf-convicted of a relevant offence. ./OFFICIAL_SENSITIVE_King_Adam_SoS_Decision.pdf- ./OFFICIAL_SENSITIVE_King_Adam_SoS_Decision.pdf- -- ./OFFICIAL_SENSITIVE_King_Adam_SoS_Decision.pdf-proportionate measure, and whether it would be in the public interest to do so. Prohibition ./OFFICIAL_SENSITIVE_King_Adam_SoS_Decision.pdf-orders should not be given in order to be punitive, or to show that blame has been ./OFFICIAL_SENSITIVE_King_Adam_SoS_Decision.pdf-apportioned, although they are likely to have punitive effect. ./OFFICIAL_SENSITIVE_King_Adam_SoS_Decision.pdf- ./OFFICIAL_SENSITIVE_King_Adam_SoS_Decision.pdf-The panel had regard to the particular public interest considerations set out in the Advice ./OFFICIAL_SENSITIVE_King_Adam_SoS_Decision.pdf-and, having done so, found a number of them to be relevant in this case, namely: the ./OFFICIAL_SENSITIVE_King_Adam_SoS_Decision.pdf-protection of pupils, the protection of other members of the public, the maintenance of ./OFFICIAL_SENSITIVE_King_Adam_SoS_Decision.pdf-public confidence in the profession and declaring and upholding proper standards of ./OFFICIAL_SENSITIVE_King_Adam_SoS_Decision.pdf-conduct. ./OFFICIAL_SENSITIVE_King_Adam_SoS_Decision.pdf- ./OFFICIAL_SENSITIVE_King_Adam_SoS_Decision.pdf:In the light of the panel’s findings against Mr King, which involved sexual assault on a ./OFFICIAL_SENSITIVE_King_Adam_SoS_Decision.pdf-boy under the age of 13 by touching, there was a strong public interest consideration in ./OFFICIAL_SENSITIVE_King_Adam_SoS_Decision.pdf:respect of the protection of pupils given the serious finding of sexual activity with a child. ./OFFICIAL_SENSITIVE_King_Adam_SoS_Decision.pdf- ./OFFICIAL_SENSITIVE_King_Adam_SoS_Decision.pdf-Similarly, the panel considered that public confidence in the profession could be seriously ./OFFICIAL_SENSITIVE_King_Adam_SoS_Decision.pdf-weakened if conduct such as that found against Mr King were not treated with the utmost ./OFFICIAL_SENSITIVE_King_Adam_SoS_Decision.pdf-seriousness when regulating the conduct of the profession. ./OFFICIAL_SENSITIVE_King_Adam_SoS_Decision.pdf- ./OFFICIAL_SENSITIVE_King_Adam_SoS_Decision.pdf-The panel decided that a strong public interest consideration in declaring proper ./OFFICIAL_SENSITIVE_King_Adam_SoS_Decision.pdf-standards of conduct in the profession was also present as the conduct found against Mr ./OFFICIAL_SENSITIVE_King_Adam_SoS_Decision.pdf-King was outside that which could reasonably be tolerated. ./OFFICIAL_SENSITIVE_King_Adam_SoS_Decision.pdf- ./OFFICIAL_SENSITIVE_King_Adam_SoS_Decision.pdf-Notwithstanding the clear public interest considerations that were present, the panel -- ./OFFICIAL_SENSITIVE_King_Adam_SoS_Decision.pdf- • a deep-seated attitude that leads to harmful behaviour; ./OFFICIAL_SENSITIVE_King_Adam_SoS_Decision.pdf- ./OFFICIAL_SENSITIVE_King_Adam_SoS_Decision.pdf- • abuse of position or trust (particularly involving vulnerable pupils) or violation of the ./OFFICIAL_SENSITIVE_King_Adam_SoS_Decision.pdf- rights of pupils; ./OFFICIAL_SENSITIVE_King_Adam_SoS_Decision.pdf- ./OFFICIAL_SENSITIVE_King_Adam_SoS_Decision.pdf- • dishonesty especially where there have been serious consequences, and/or it has ./OFFICIAL_SENSITIVE_King_Adam_SoS_Decision.pdf- been repeated and/or covered up; ./OFFICIAL_SENSITIVE_King_Adam_SoS_Decision.pdf- ./OFFICIAL_SENSITIVE_King_Adam_SoS_Decision.pdf: • sexual misconduct, for example, involving actions that were sexually motivated or ./OFFICIAL_SENSITIVE_King_Adam_SoS_Decision.pdf: of a sexual nature and/or that use or exploit the trust, knowledge or influence ./OFFICIAL_SENSITIVE_King_Adam_SoS_Decision.pdf- derived from the individual’s professional position; ./OFFICIAL_SENSITIVE_King_Adam_SoS_Decision.pdf- ./OFFICIAL_SENSITIVE_King_Adam_SoS_Decision.pdf- • the commission of a serious criminal offence, including those that resulted in a ./OFFICIAL_SENSITIVE_King_Adam_SoS_Decision.pdf- conviction or caution, paying particular attention to offences that are ‘relevant ./OFFICIAL_SENSITIVE_King_Adam_SoS_Decision.pdf- matters’ for the purposes of The Police Act 1997 and criminal record disclosures. ./OFFICIAL_SENSITIVE_King_Adam_SoS_Decision.pdf- ./OFFICIAL_SENSITIVE_King_Adam_SoS_Decision.pdf-Even though some of the behaviour found proved in this case indicated that a prohibition ./OFFICIAL_SENSITIVE_King_Adam_SoS_Decision.pdf-order would be appropriate, the panel went on to consider the mitigating factors. ./OFFICIAL_SENSITIVE_King_Adam_SoS_Decision.pdf-Mitigating factors may indicate that a prohibition order would not be appropriate or ./OFFICIAL_SENSITIVE_King_Adam_SoS_Decision.pdf-proportionate. -- ./OFFICIAL_SENSITIVE_King_Adam_SoS_Decision.pdf-made by the panel would be sufficient. ./OFFICIAL_SENSITIVE_King_Adam_SoS_Decision.pdf- ./OFFICIAL_SENSITIVE_King_Adam_SoS_Decision.pdf-The panel was of the view that, applying the standard of the ordinary intelligent citizen, it ./OFFICIAL_SENSITIVE_King_Adam_SoS_Decision.pdf-would not be a proportionate and appropriate response to recommend no prohibition ./OFFICIAL_SENSITIVE_King_Adam_SoS_Decision.pdf-order. Recommending that the publication of adverse findings was sufficient would ./OFFICIAL_SENSITIVE_King_Adam_SoS_Decision.pdf-unacceptably compromise the public interest considerations present in this case, despite ./OFFICIAL_SENSITIVE_King_Adam_SoS_Decision.pdf-the severity of the consequences for Mr King of prohibition. ./OFFICIAL_SENSITIVE_King_Adam_SoS_Decision.pdf- ./OFFICIAL_SENSITIVE_King_Adam_SoS_Decision.pdf-The panel was of the view that prohibition was both proportionate and appropriate. The ./OFFICIAL_SENSITIVE_King_Adam_SoS_Decision.pdf-panel decided that the public interest considerations outweighed the interests of Mr King. ./OFFICIAL_SENSITIVE_King_Adam_SoS_Decision.pdf:The fact that Mr King had been convicted of a sexual offence which was at the most ./OFFICIAL_SENSITIVE_King_Adam_SoS_Decision.pdf-serious end of the spectrum was a significant factor in forming that opinion. ./OFFICIAL_SENSITIVE_King_Adam_SoS_Decision.pdf- ./OFFICIAL_SENSITIVE_King_Adam_SoS_Decision.pdf-Accordingly, the panel made a recommendation to the Secretary of State that a ./OFFICIAL_SENSITIVE_King_Adam_SoS_Decision.pdf-prohibition order should be imposed with immediate effect. ./OFFICIAL_SENSITIVE_King_Adam_SoS_Decision.pdf- ./OFFICIAL_SENSITIVE_King_Adam_SoS_Decision.pdf-The panel went on to consider whether or not it would be appropriate to recommend that ./OFFICIAL_SENSITIVE_King_Adam_SoS_Decision.pdf-a review period of the order should be considered. The panel was mindful that the Advice ./OFFICIAL_SENSITIVE_King_Adam_SoS_Decision.pdf-states that a prohibition order applies for life, but there may be circumstances, in any ./OFFICIAL_SENSITIVE_King_Adam_SoS_Decision.pdf-given case, that may make it appropriate to allow a teacher to apply to have the ./OFFICIAL_SENSITIVE_King_Adam_SoS_Decision.pdf-prohibition order reviewed after a specified period of time that may not be less than two ./OFFICIAL_SENSITIVE_King_Adam_SoS_Decision.pdf-years. ./OFFICIAL_SENSITIVE_King_Adam_SoS_Decision.pdf- ./OFFICIAL_SENSITIVE_King_Adam_SoS_Decision.pdf-The Advice indicates that there are behaviours that, if proved, would militate against the ./OFFICIAL_SENSITIVE_King_Adam_SoS_Decision.pdf:recommendation of a review period. One of these behaviours includes serious sexual ./OFFICIAL_SENSITIVE_King_Adam_SoS_Decision.pdf:misconduct, such as where the act was sexually motivated and resulted in or had the ./OFFICIAL_SENSITIVE_King_Adam_SoS_Decision.pdf-potential to result in, harm to a person or persons, particularly where the individual has ./OFFICIAL_SENSITIVE_King_Adam_SoS_Decision.pdf-used his professional position to influence or exploit a person or persons. Mr King had ./OFFICIAL_SENSITIVE_King_Adam_SoS_Decision.pdf:been convicted of sexual assault on a boy under the age of 13 by touching. The panel ./OFFICIAL_SENSITIVE_King_Adam_SoS_Decision.pdf-was in no doubt that Mr King’s misconduct was of the most serious kind and had been ./OFFICIAL_SENSITIVE_King_Adam_SoS_Decision.pdf:serious sexual misconduct. ./OFFICIAL_SENSITIVE_King_Adam_SoS_Decision.pdf- ./OFFICIAL_SENSITIVE_King_Adam_SoS_Decision.pdf-The panel decided that the findings indicated a situation in which a review period would ./OFFICIAL_SENSITIVE_King_Adam_SoS_Decision.pdf-not be appropriate and, as such, decided that it would be proportionate in all the ./OFFICIAL_SENSITIVE_King_Adam_SoS_Decision.pdf-circumstances for the prohibition order to be recommended without provisions for a ./OFFICIAL_SENSITIVE_King_Adam_SoS_Decision.pdf-review period. ./OFFICIAL_SENSITIVE_King_Adam_SoS_Decision.pdf- ./OFFICIAL_SENSITIVE_King_Adam_SoS_Decision.pdf- ./OFFICIAL_SENSITIVE_King_Adam_SoS_Decision.pdf- ./OFFICIAL_SENSITIVE_King_Adam_SoS_Decision.pdf- ./OFFICIAL_SENSITIVE_King_Adam_SoS_Decision.pdf-Decision and reasons on behalf of the Secretary of State -- ./OFFICIAL_SENSITIVE_King_Adam_SoS_Decision.pdf- o having regard for the need to safeguard pupils’ well-being, in accordance ./OFFICIAL_SENSITIVE_King_Adam_SoS_Decision.pdf- with statutory provision ./OFFICIAL_SENSITIVE_King_Adam_SoS_Decision.pdf- ./OFFICIAL_SENSITIVE_King_Adam_SoS_Decision.pdf- • Teachers must have an understanding of, and always act within, the statutory ./OFFICIAL_SENSITIVE_King_Adam_SoS_Decision.pdf- frameworks which set out their professional duties and responsibilities. ./OFFICIAL_SENSITIVE_King_Adam_SoS_Decision.pdf- ./OFFICIAL_SENSITIVE_King_Adam_SoS_Decision.pdf-The panel finds that the conduct of Mr King fell significantly short of the standards ./OFFICIAL_SENSITIVE_King_Adam_SoS_Decision.pdf-expected of the profession. ./OFFICIAL_SENSITIVE_King_Adam_SoS_Decision.pdf- ./OFFICIAL_SENSITIVE_King_Adam_SoS_Decision.pdf-The findings of misconduct are particularly serious as they include a finding which ./OFFICIAL_SENSITIVE_King_Adam_SoS_Decision.pdf:involved a sexual assault on a vulnerable boy under the age of 13. ./OFFICIAL_SENSITIVE_King_Adam_SoS_Decision.pdf- ./OFFICIAL_SENSITIVE_King_Adam_SoS_Decision.pdf-I have to determine whether the imposition of a prohibition order is proportionate and in ./OFFICIAL_SENSITIVE_King_Adam_SoS_Decision.pdf-the public interest. In considering that for this case, I have considered the overall aim of a ./OFFICIAL_SENSITIVE_King_Adam_SoS_Decision.pdf-prohibition order which is to protect pupils and to maintain public confidence in the ./OFFICIAL_SENSITIVE_King_Adam_SoS_Decision.pdf-profession. I have considered the extent to which a prohibition order in this case would ./OFFICIAL_SENSITIVE_King_Adam_SoS_Decision.pdf-achieve that aim taking into account the impact that it will have on the individual teacher. ./OFFICIAL_SENSITIVE_King_Adam_SoS_Decision.pdf-I have also asked myself, whether a less intrusive measure, such as the published ./OFFICIAL_SENSITIVE_King_Adam_SoS_Decision.pdf-finding of unacceptable professional conduct and conduct that may bring the profession ./OFFICIAL_SENSITIVE_King_Adam_SoS_Decision.pdf-into disrepute, would itself be sufficient to achieve the overall aim. I have to consider ./OFFICIAL_SENSITIVE_King_Adam_SoS_Decision.pdf-whether the consequences of such a publication are themselves sufficient. I have -- ./OFFICIAL_SENSITIVE_King_Adam_SoS_Decision.pdf-In this case, I have considered the extent to which a prohibition order would protect ./OFFICIAL_SENSITIVE_King_Adam_SoS_Decision.pdf-children. The panel has observed, “In the light of the panel’s findings against Mr King, ./OFFICIAL_SENSITIVE_King_Adam_SoS_Decision.pdf:which involved sexual assault on a boy under the age of 13 by touching, there was a ./OFFICIAL_SENSITIVE_King_Adam_SoS_Decision.pdf-strong public interest consideration in respect of the protection of pupils given the serious ./OFFICIAL_SENSITIVE_King_Adam_SoS_Decision.pdf:finding of sexual activity with a child.” A prohibition order would therefore prevent such a ./OFFICIAL_SENSITIVE_King_Adam_SoS_Decision.pdf-risk from being present in the future. ./OFFICIAL_SENSITIVE_King_Adam_SoS_Decision.pdf- ./OFFICIAL_SENSITIVE_King_Adam_SoS_Decision.pdf-I have also taken into account the panel’s comments on insight and remorse, which the ./OFFICIAL_SENSITIVE_King_Adam_SoS_Decision.pdf-panel sets out as follows, “Whilst the panel noted that Mr King expressed feelings of guilt ./OFFICIAL_SENSITIVE_King_Adam_SoS_Decision.pdf-and shame, the panel concluded that he had not shown any insight or remorse. In ./OFFICIAL_SENSITIVE_King_Adam_SoS_Decision.pdf-particular the panel identified that Mr King made no specific reference to the victim or his ./OFFICIAL_SENSITIVE_King_Adam_SoS_Decision.pdf-family nor had he shown any empathy towards them.” In my judgement, the lack of ./OFFICIAL_SENSITIVE_King_Adam_SoS_Decision.pdf-insight and remorse means that there is some risk of the repetition of this behaviour and ./OFFICIAL_SENSITIVE_King_Adam_SoS_Decision.pdf-this puts at risk future pupils’ wellbeing. I have therefore given this element considerable ./OFFICIAL_SENSITIVE_King_Adam_SoS_Decision.pdf-weight in reaching my decision. ./OFFICIAL_SENSITIVE_King_Adam_SoS_Decision.pdf- ./OFFICIAL_SENSITIVE_King_Adam_SoS_Decision.pdf-I have gone on to consider the extent to which a prohibition order would maintain public ./OFFICIAL_SENSITIVE_King_Adam_SoS_Decision.pdf-confidence in the profession. The panel observe, “The panel also took account of the way ./OFFICIAL_SENSITIVE_King_Adam_SoS_Decision.pdf-the teaching profession is viewed by others. The panel considered that Mr King’s ./OFFICIAL_SENSITIVE_King_Adam_SoS_Decision.pdf-behaviour in committing the offence could affect public confidence in the teaching ./OFFICIAL_SENSITIVE_King_Adam_SoS_Decision.pdf-profession, given the influence that teachers may have on pupils, parents and others in ./OFFICIAL_SENSITIVE_King_Adam_SoS_Decision.pdf:the community.” I am particularly mindful of the finding of sexual assault involving an 8 ./OFFICIAL_SENSITIVE_King_Adam_SoS_Decision.pdf-year old child in the care of Mr King and the impact that such a finding has on the ./OFFICIAL_SENSITIVE_King_Adam_SoS_Decision.pdf-reputation of the profession. ./OFFICIAL_SENSITIVE_King_Adam_SoS_Decision.pdf- ./OFFICIAL_SENSITIVE_King_Adam_SoS_Decision.pdf-I have had to consider that the public has a high expectation of professional standards of ./OFFICIAL_SENSITIVE_King_Adam_SoS_Decision.pdf-all teachers and that the public might regard a failure to impose a prohibition order as a ./OFFICIAL_SENSITIVE_King_Adam_SoS_Decision.pdf-failure to uphold those high standards. In weighing these considerations, I have had to ./OFFICIAL_SENSITIVE_King_Adam_SoS_Decision.pdf-consider the matter from the point of view of an “ordinary intelligent and well-informed ./OFFICIAL_SENSITIVE_King_Adam_SoS_Decision.pdf-citizen.” ./OFFICIAL_SENSITIVE_King_Adam_SoS_Decision.pdf- ./OFFICIAL_SENSITIVE_King_Adam_SoS_Decision.pdf-I have considered whether the publication of a finding of unacceptable professional -- ./OFFICIAL_SENSITIVE_King_Adam_SoS_Decision.pdf-profession. ./OFFICIAL_SENSITIVE_King_Adam_SoS_Decision.pdf- ./OFFICIAL_SENSITIVE_King_Adam_SoS_Decision.pdf-For these reasons, I have concluded that a prohibition order is proportionate and in the ./OFFICIAL_SENSITIVE_King_Adam_SoS_Decision.pdf-public interest in order to achieve the intended aims of a prohibition order. ./OFFICIAL_SENSITIVE_King_Adam_SoS_Decision.pdf- ./OFFICIAL_SENSITIVE_King_Adam_SoS_Decision.pdf-I have gone on to consider the matter of a review period. In this case, the panel has ./OFFICIAL_SENSITIVE_King_Adam_SoS_Decision.pdf-recommended that no provision should be made for a review period. ./OFFICIAL_SENSITIVE_King_Adam_SoS_Decision.pdf- ./OFFICIAL_SENSITIVE_King_Adam_SoS_Decision.pdf-I have considered the panel’s comments “The Advice indicates that there are behaviours ./OFFICIAL_SENSITIVE_King_Adam_SoS_Decision.pdf-that, if proved, would militate against the recommendation of a review period. One of ./OFFICIAL_SENSITIVE_King_Adam_SoS_Decision.pdf:these behaviours includes serious sexual misconduct, such as where the act was ./OFFICIAL_SENSITIVE_King_Adam_SoS_Decision.pdf:sexually motivated and resulted in or had the potential to result in, harm to a person or ./OFFICIAL_SENSITIVE_King_Adam_SoS_Decision.pdf-persons, particularly where the individual has used his professional position to influence ./OFFICIAL_SENSITIVE_King_Adam_SoS_Decision.pdf:or exploit a person or persons. Mr King had been convicted of sexual assault on a boy ./OFFICIAL_SENSITIVE_King_Adam_SoS_Decision.pdf-under the age of 13 by touching. The panel was in no doubt that Mr King’s misconduct ./OFFICIAL_SENSITIVE_King_Adam_SoS_Decision.pdf:was of the most serious kind and had been serious sexual misconduct.” ./OFFICIAL_SENSITIVE_King_Adam_SoS_Decision.pdf- ./OFFICIAL_SENSITIVE_King_Adam_SoS_Decision.pdf-I have considered whether not allowing a review period reflects the seriousness of the ./OFFICIAL_SENSITIVE_King_Adam_SoS_Decision.pdf-findings and is a proportionate to achieve the aim of maintaining public confidence in the ./OFFICIAL_SENSITIVE_King_Adam_SoS_Decision.pdf-profession. In this case, a number of factors mean that allowing a review period is not ./OFFICIAL_SENSITIVE_King_Adam_SoS_Decision.pdf-sufficient to achieve the aim of maintaining public confidence in the profession. These ./OFFICIAL_SENSITIVE_King_Adam_SoS_Decision.pdf-elements are the seriousness of the allegation found proven, the lack of either insight or ./OFFICIAL_SENSITIVE_King_Adam_SoS_Decision.pdf-remorse, and the risk to pupils. ./OFFICIAL_SENSITIVE_King_Adam_SoS_Decision.pdf- ./OFFICIAL_SENSITIVE_King_Adam_SoS_Decision.pdf-I consider therefore that allowing for no review period is necessary to maintain public ./OFFICIAL_SENSITIVE_King_Adam_SoS_Decision.pdf-confidence and is proportionate and in the public interest. ./OFFICIAL_SENSITIVE_Lecurieux-Clerville_Stephane_-_S_of_S_decision_REDACTED2.pdf- h. sending one or more photographs to Pupil A of him naked and/or wearing only ./OFFICIAL_SENSITIVE_Lecurieux-Clerville_Stephane_-_S_of_S_decision_REDACTED2.pdf- underwear; ./OFFICIAL_SENSITIVE_Lecurieux-Clerville_Stephane_-_S_of_S_decision_REDACTED2.pdf- ./OFFICIAL_SENSITIVE_Lecurieux-Clerville_Stephane_-_S_of_S_decision_REDACTED2.pdf- i. asking Pupil A for photographs of her breasts and/or bottom; ./OFFICIAL_SENSITIVE_Lecurieux-Clerville_Stephane_-_S_of_S_decision_REDACTED2.pdf- ./OFFICIAL_SENSITIVE_Lecurieux-Clerville_Stephane_-_S_of_S_decision_REDACTED2.pdf- j. requesting and/or receiving one or more photographs of Pupil A naked and/or ./OFFICIAL_SENSITIVE_Lecurieux-Clerville_Stephane_-_S_of_S_decision_REDACTED2.pdf- wearing only underwear; ./OFFICIAL_SENSITIVE_Lecurieux-Clerville_Stephane_-_S_of_S_decision_REDACTED2.pdf- ./OFFICIAL_SENSITIVE_Lecurieux-Clerville_Stephane_-_S_of_S_decision_REDACTED2.pdf- k. in or around September 2018, giving Pupil A one or more gifts; ./OFFICIAL_SENSITIVE_Lecurieux-Clerville_Stephane_-_S_of_S_decision_REDACTED2.pdf- ./OFFICIAL_SENSITIVE_Lecurieux-Clerville_Stephane_-_S_of_S_decision_REDACTED2.pdf: l. engaging in sexual activity with Pupil A; ./OFFICIAL_SENSITIVE_Lecurieux-Clerville_Stephane_-_S_of_S_decision_REDACTED2.pdf- ./OFFICIAL_SENSITIVE_Lecurieux-Clerville_Stephane_-_S_of_S_decision_REDACTED2.pdf:3. His behaviour as may be found proven at 1 and/or 2 above was conduct of a sexual ./OFFICIAL_SENSITIVE_Lecurieux-Clerville_Stephane_-_S_of_S_decision_REDACTED2.pdf:nature and/or was sexually motivated. ./OFFICIAL_SENSITIVE_Lecurieux-Clerville_Stephane_-_S_of_S_decision_REDACTED2.pdf- ./OFFICIAL_SENSITIVE_Lecurieux-Clerville_Stephane_-_S_of_S_decision_REDACTED2.pdf-Mr Lecurieux-Clerville admitted the facts of the allegations and that they amounted to ./OFFICIAL_SENSITIVE_Lecurieux-Clerville_Stephane_-_S_of_S_decision_REDACTED2.pdf-unacceptable professional conduct and conduct that may bring the profession into ./OFFICIAL_SENSITIVE_Lecurieux-Clerville_Stephane_-_S_of_S_decision_REDACTED2.pdf-disrepute. ./OFFICIAL_SENSITIVE_Lecurieux-Clerville_Stephane_-_S_of_S_decision_REDACTED2.pdf- ./OFFICIAL_SENSITIVE_Lecurieux-Clerville_Stephane_-_S_of_S_decision_REDACTED2.pdf- ./OFFICIAL_SENSITIVE_Lecurieux-Clerville_Stephane_-_S_of_S_decision_REDACTED2.pdf-Preliminary applications ./OFFICIAL_SENSITIVE_Lecurieux-Clerville_Stephane_-_S_of_S_decision_REDACTED2.pdf-The panel has the power to, in the interests of justice, amend an allegation or the ./OFFICIAL_SENSITIVE_Lecurieux-Clerville_Stephane_-_S_of_S_decision_REDACTED2.pdf-particulars of an allegation, at any stage before making its decision about whether the ./OFFICIAL_SENSITIVE_Lecurieux-Clerville_Stephane_-_S_of_S_decision_REDACTED2.pdf-facts of the case have been proved. -- ./OFFICIAL_SENSITIVE_Lecurieux-Clerville_Stephane_-_S_of_S_decision_REDACTED2.pdf-In advance of the meeting, the TRA agreed to a request from Mr Lecurieux-Clerville for ./OFFICIAL_SENSITIVE_Lecurieux-Clerville_Stephane_-_S_of_S_decision_REDACTED2.pdf-the allegations to be considered without a hearing. The panel had the ability to direct that ./OFFICIAL_SENSITIVE_Lecurieux-Clerville_Stephane_-_S_of_S_decision_REDACTED2.pdf-the case be considered at a hearing if required in the interests of justice or in the public ./OFFICIAL_SENSITIVE_Lecurieux-Clerville_Stephane_-_S_of_S_decision_REDACTED2.pdf-interest. The panel did not determine that such a direction was necessary or appropriate ./OFFICIAL_SENSITIVE_Lecurieux-Clerville_Stephane_-_S_of_S_decision_REDACTED2.pdf-in this case. ./OFFICIAL_SENSITIVE_Lecurieux-Clerville_Stephane_-_S_of_S_decision_REDACTED2.pdf- ./OFFICIAL_SENSITIVE_Lecurieux-Clerville_Stephane_-_S_of_S_decision_REDACTED2.pdf-Mr Lecurieux-Clerville had been employed as the Leader of the Sixth Form at the John ./OFFICIAL_SENSITIVE_Lecurieux-Clerville_Stephane_-_S_of_S_decision_REDACTED2.pdf-Wallis Church of England Academy (“the School”) from 1 September 2010 until 11 ./OFFICIAL_SENSITIVE_Lecurieux-Clerville_Stephane_-_S_of_S_decision_REDACTED2.pdf-September 2019. On 11 June 2019, Pupil A disclosed to another member of staff, ./OFFICIAL_SENSITIVE_Lecurieux-Clerville_Stephane_-_S_of_S_decision_REDACTED2.pdf-outside of the education setting, that they and Mr Lecurieux-Clerville had been in a ./OFFICIAL_SENSITIVE_Lecurieux-Clerville_Stephane_-_S_of_S_decision_REDACTED2.pdf:sexual relationship after Pupil A had left the School. The member of staff asked Pupil A ./OFFICIAL_SENSITIVE_Lecurieux-Clerville_Stephane_-_S_of_S_decision_REDACTED2.pdf-to attend the School the next day to speak with the headteacher of the School and ./OFFICIAL_SENSITIVE_Lecurieux-Clerville_Stephane_-_S_of_S_decision_REDACTED2.pdf-reported the disclosure to the designated safeguarding lead. The School carried out a ./OFFICIAL_SENSITIVE_Lecurieux-Clerville_Stephane_-_S_of_S_decision_REDACTED2.pdf-disciplinary investigation and Mr Lecurieux-Clerville was dismissed. ./OFFICIAL_SENSITIVE_Lecurieux-Clerville_Stephane_-_S_of_S_decision_REDACTED2.pdf- ./OFFICIAL_SENSITIVE_Lecurieux-Clerville_Stephane_-_S_of_S_decision_REDACTED2.pdf-Findings of fact ./OFFICIAL_SENSITIVE_Lecurieux-Clerville_Stephane_-_S_of_S_decision_REDACTED2.pdf- ./OFFICIAL_SENSITIVE_Lecurieux-Clerville_Stephane_-_S_of_S_decision_REDACTED2.pdf-The findings of fact are as follows: ./OFFICIAL_SENSITIVE_Lecurieux-Clerville_Stephane_-_S_of_S_decision_REDACTED2.pdf- ./OFFICIAL_SENSITIVE_Lecurieux-Clerville_Stephane_-_S_of_S_decision_REDACTED2.pdf-The panel found the following particulars of the allegations against you proved, for these ./OFFICIAL_SENSITIVE_Lecurieux-Clerville_Stephane_-_S_of_S_decision_REDACTED2.pdf-reasons: -- ./OFFICIAL_SENSITIVE_Lecurieux-Clerville_Stephane_-_S_of_S_decision_REDACTED2.pdf- ./OFFICIAL_SENSITIVE_Lecurieux-Clerville_Stephane_-_S_of_S_decision_REDACTED2.pdf-This allegation was therefore, found proved. ./OFFICIAL_SENSITIVE_Lecurieux-Clerville_Stephane_-_S_of_S_decision_REDACTED2.pdf- ./OFFICIAL_SENSITIVE_Lecurieux-Clerville_Stephane_-_S_of_S_decision_REDACTED2.pdf- f. kissing Pupil A on one or more occasions; ./OFFICIAL_SENSITIVE_Lecurieux-Clerville_Stephane_-_S_of_S_decision_REDACTED2.pdf- ./OFFICIAL_SENSITIVE_Lecurieux-Clerville_Stephane_-_S_of_S_decision_REDACTED2.pdf-This allegation was admitted. ./OFFICIAL_SENSITIVE_Lecurieux-Clerville_Stephane_-_S_of_S_decision_REDACTED2.pdf- ./OFFICIAL_SENSITIVE_Lecurieux-Clerville_Stephane_-_S_of_S_decision_REDACTED2.pdf-In her witness statement, Pupil A stated that she and Mr Lecurieux-Clerville had met ./OFFICIAL_SENSITIVE_Lecurieux-Clerville_Stephane_-_S_of_S_decision_REDACTED2.pdf-towards the end of July 2018 at a coffee shop. When leaving, Mr Lecurieux-Clerville had ./OFFICIAL_SENSITIVE_Lecurieux-Clerville_Stephane_-_S_of_S_decision_REDACTED2.pdf-got into her car and kissed her on the lips. The panel also noted that Pupil A and Mr ./OFFICIAL_SENSITIVE_Lecurieux-Clerville_Stephane_-_S_of_S_decision_REDACTED2.pdf:Lecurieux-Clerville had a sexual relationship after Pupil A had left the School. ./OFFICIAL_SENSITIVE_Lecurieux-Clerville_Stephane_-_S_of_S_decision_REDACTED2.pdf- ./OFFICIAL_SENSITIVE_Lecurieux-Clerville_Stephane_-_S_of_S_decision_REDACTED2.pdf-This allegation was therefore, found proved. ./OFFICIAL_SENSITIVE_Lecurieux-Clerville_Stephane_-_S_of_S_decision_REDACTED2.pdf- ./OFFICIAL_SENSITIVE_Lecurieux-Clerville_Stephane_-_S_of_S_decision_REDACTED2.pdf- g. in or around August 2018, suggesting to Pupil A that you book a hotel room ./OFFICIAL_SENSITIVE_Lecurieux-Clerville_Stephane_-_S_of_S_decision_REDACTED2.pdf- together; ./OFFICIAL_SENSITIVE_Lecurieux-Clerville_Stephane_-_S_of_S_decision_REDACTED2.pdf- ./OFFICIAL_SENSITIVE_Lecurieux-Clerville_Stephane_-_S_of_S_decision_REDACTED2.pdf-This allegation was admitted. ./OFFICIAL_SENSITIVE_Lecurieux-Clerville_Stephane_-_S_of_S_decision_REDACTED2.pdf- ./OFFICIAL_SENSITIVE_Lecurieux-Clerville_Stephane_-_S_of_S_decision_REDACTED2.pdf-In her witness statement, Pupil A had outlined a text exchange between her and Mr ./OFFICIAL_SENSITIVE_Lecurieux-Clerville_Stephane_-_S_of_S_decision_REDACTED2.pdf-Lecurieux-Clerville. Pupil A outlined that Mr Lecurieux-Clerville had returned from holiday -- ./OFFICIAL_SENSITIVE_Lecurieux-Clerville_Stephane_-_S_of_S_decision_REDACTED2.pdf- ./OFFICIAL_SENSITIVE_Lecurieux-Clerville_Stephane_-_S_of_S_decision_REDACTED2.pdf-This allegation was admitted. ./OFFICIAL_SENSITIVE_Lecurieux-Clerville_Stephane_-_S_of_S_decision_REDACTED2.pdf- ./OFFICIAL_SENSITIVE_Lecurieux-Clerville_Stephane_-_S_of_S_decision_REDACTED2.pdf-The panel had sight of a photograph of a box, containing a number of gifts including ./OFFICIAL_SENSITIVE_Lecurieux-Clerville_Stephane_-_S_of_S_decision_REDACTED2.pdf-vouchers to the cinema. On the voucher was a handwritten note that the gift cards were ./OFFICIAL_SENSITIVE_Lecurieux-Clerville_Stephane_-_S_of_S_decision_REDACTED2.pdf-for Pupil A and one female friend. In her witness statement, Pupil A stated that Mr ./OFFICIAL_SENSITIVE_Lecurieux-Clerville_Stephane_-_S_of_S_decision_REDACTED2.pdf-Lecurieux-Clerville had given her this box when she [redacted]. ./OFFICIAL_SENSITIVE_Lecurieux-Clerville_Stephane_-_S_of_S_decision_REDACTED2.pdf- ./OFFICIAL_SENSITIVE_Lecurieux-Clerville_Stephane_-_S_of_S_decision_REDACTED2.pdf-The allegation was therefore, found proved. ./OFFICIAL_SENSITIVE_Lecurieux-Clerville_Stephane_-_S_of_S_decision_REDACTED2.pdf- ./OFFICIAL_SENSITIVE_Lecurieux-Clerville_Stephane_-_S_of_S_decision_REDACTED2.pdf: l. engaging in sexual activity with Pupil A; ./OFFICIAL_SENSITIVE_Lecurieux-Clerville_Stephane_-_S_of_S_decision_REDACTED2.pdf- ./OFFICIAL_SENSITIVE_Lecurieux-Clerville_Stephane_-_S_of_S_decision_REDACTED2.pdf-This allegation was admitted. ./OFFICIAL_SENSITIVE_Lecurieux-Clerville_Stephane_-_S_of_S_decision_REDACTED2.pdf- ./OFFICIAL_SENSITIVE_Lecurieux-Clerville_Stephane_-_S_of_S_decision_REDACTED2.pdf-The note of the meeting with Mr Lecurieux-Clerville, undertaken as part of the School’s ./OFFICIAL_SENSITIVE_Lecurieux-Clerville_Stephane_-_S_of_S_decision_REDACTED2.pdf:disciplinary investigation, states that Mr Lecurieux-Clerville reported having sexual ./OFFICIAL_SENSITIVE_Lecurieux-Clerville_Stephane_-_S_of_S_decision_REDACTED2.pdf-intercourse with Pupil A. This is supported by the witness statement of Pupil A, which ./OFFICIAL_SENSITIVE_Lecurieux-Clerville_Stephane_-_S_of_S_decision_REDACTED2.pdf:states that her and Mr Lecurieux-Clerville engaged in sexual intercourse. ./OFFICIAL_SENSITIVE_Lecurieux-Clerville_Stephane_-_S_of_S_decision_REDACTED2.pdf- ./OFFICIAL_SENSITIVE_Lecurieux-Clerville_Stephane_-_S_of_S_decision_REDACTED2.pdf-The allegation was therefore, found proved. ./OFFICIAL_SENSITIVE_Lecurieux-Clerville_Stephane_-_S_of_S_decision_REDACTED2.pdf- ./OFFICIAL_SENSITIVE_Lecurieux-Clerville_Stephane_-_S_of_S_decision_REDACTED2.pdf- 3. Your behaviour as may be found proven at 1 and/or 2 above was conduct of a ./OFFICIAL_SENSITIVE_Lecurieux-Clerville_Stephane_-_S_of_S_decision_REDACTED2.pdf: sexual nature and/or was sexually motivated. ./OFFICIAL_SENSITIVE_Lecurieux-Clerville_Stephane_-_S_of_S_decision_REDACTED2.pdf- ./OFFICIAL_SENSITIVE_Lecurieux-Clerville_Stephane_-_S_of_S_decision_REDACTED2.pdf-This allegation was admitted. ./OFFICIAL_SENSITIVE_Lecurieux-Clerville_Stephane_-_S_of_S_decision_REDACTED2.pdf- ./OFFICIAL_SENSITIVE_Lecurieux-Clerville_Stephane_-_S_of_S_decision_REDACTED2.pdf-The panel had found that Mr Lecurieux-Clerville had kissed Pupil A and engaged in ./OFFICIAL_SENSITIVE_Lecurieux-Clerville_Stephane_-_S_of_S_decision_REDACTED2.pdf:sexual activity. ./OFFICIAL_SENSITIVE_Lecurieux-Clerville_Stephane_-_S_of_S_decision_REDACTED2.pdf- ./OFFICIAL_SENSITIVE_Lecurieux-Clerville_Stephane_-_S_of_S_decision_REDACTED2.pdf- ./OFFICIAL_SENSITIVE_Lecurieux-Clerville_Stephane_-_S_of_S_decision_REDACTED2.pdf- ./OFFICIAL_SENSITIVE_Lecurieux-Clerville_Stephane_-_S_of_S_decision_REDACTED2.pdf- ./OFFICIAL_SENSITIVE_Lecurieux-Clerville_Stephane_-_S_of_S_decision_REDACTED2.pdf- 13 ./OFFICIAL_SENSITIVE_Lecurieux-Clerville_Stephane_-_S_of_S_decision_REDACTED2.pdf- -- ./OFFICIAL_SENSITIVE_Lecurieux-Clerville_Stephane_-_S_of_S_decision_REDACTED2.pdf-In Pupil A’s witness statement, it is stated that the dynamics between Pupil A and Mr ./OFFICIAL_SENSITIVE_Lecurieux-Clerville_Stephane_-_S_of_S_decision_REDACTED2.pdf-Lecurieux-Clerville’s relationship had changed around April 2018, and Pupil A had ./OFFICIAL_SENSITIVE_Lecurieux-Clerville_Stephane_-_S_of_S_decision_REDACTED2.pdf-become comfortable around him. Mr Lecurieux-Clerville acknowledged in a meeting, held ./OFFICIAL_SENSITIVE_Lecurieux-Clerville_Stephane_-_S_of_S_decision_REDACTED2.pdf-during the School’s disciplinary hearing process, that he had started having feelings for ./OFFICIAL_SENSITIVE_Lecurieux-Clerville_Stephane_-_S_of_S_decision_REDACTED2.pdf-Pupil A towards the latter end of [redacted], but was ‘very conscious of his feelings given ./OFFICIAL_SENSITIVE_Lecurieux-Clerville_Stephane_-_S_of_S_decision_REDACTED2.pdf-his position within the School’. ./OFFICIAL_SENSITIVE_Lecurieux-Clerville_Stephane_-_S_of_S_decision_REDACTED2.pdf- ./OFFICIAL_SENSITIVE_Lecurieux-Clerville_Stephane_-_S_of_S_decision_REDACTED2.pdf:The panel found that the allegations, as found proven, were of a sexual nature and were ./OFFICIAL_SENSITIVE_Lecurieux-Clerville_Stephane_-_S_of_S_decision_REDACTED2.pdf:sexually motivated, in that Mr Lecurieux-Clerville had acted in pursuit of sexual ./OFFICIAL_SENSITIVE_Lecurieux-Clerville_Stephane_-_S_of_S_decision_REDACTED2.pdf:gratification and in pursuit of a future sexual relationship. In his written representations, ./OFFICIAL_SENSITIVE_Lecurieux-Clerville_Stephane_-_S_of_S_decision_REDACTED2.pdf-Mr Lecurieux-Clerville states that his intentions at the outset had been purely platonic. ./OFFICIAL_SENSITIVE_Lecurieux-Clerville_Stephane_-_S_of_S_decision_REDACTED2.pdf-However, the panel considered that there was no alternative, plausible reason for Mr ./OFFICIAL_SENSITIVE_Lecurieux-Clerville_Stephane_-_S_of_S_decision_REDACTED2.pdf-Lecurieux-Clerville’s conduct as found proven in allegation 1 and 2. ./OFFICIAL_SENSITIVE_Lecurieux-Clerville_Stephane_-_S_of_S_decision_REDACTED2.pdf- ./OFFICIAL_SENSITIVE_Lecurieux-Clerville_Stephane_-_S_of_S_decision_REDACTED2.pdf-The panel considered that Mr Lecurieux-Clerville’s actions in touching Pupil A’s bra and ./OFFICIAL_SENSITIVE_Lecurieux-Clerville_Stephane_-_S_of_S_decision_REDACTED2.pdf:bottom, kissing Pupil A, sharing intimate photographs, and engaging in sexual activity ./OFFICIAL_SENSITIVE_Lecurieux-Clerville_Stephane_-_S_of_S_decision_REDACTED2.pdf:were inherently sexual. The panel also considered that Mr Lecurieux-Clerville had ./OFFICIAL_SENSITIVE_Lecurieux-Clerville_Stephane_-_S_of_S_decision_REDACTED2.pdf-communicated with Pupil A, exchanging letters and gifts, in pursuit of a future ./OFFICIAL_SENSITIVE_Lecurieux-Clerville_Stephane_-_S_of_S_decision_REDACTED2.pdf-relationship. The panel acknowledged that there could be an alternative, plausible ./OFFICIAL_SENSITIVE_Lecurieux-Clerville_Stephane_-_S_of_S_decision_REDACTED2.pdf-reason, although ill-advised, as to why Mr Lecurieux-Clerville would give Pupil A his bank ./OFFICIAL_SENSITIVE_Lecurieux-Clerville_Stephane_-_S_of_S_decision_REDACTED2.pdf-card and pin number. The panel considered each individual sub-allegation contained in ./OFFICIAL_SENSITIVE_Lecurieux-Clerville_Stephane_-_S_of_S_decision_REDACTED2.pdf-allegation 1 and 2 and took care not to find the cumulative effect of Mr Lecurieux- ./OFFICIAL_SENSITIVE_Lecurieux-Clerville_Stephane_-_S_of_S_decision_REDACTED2.pdf:Clerville’s actions to amount to conduct of a sexual nature and/or sexually motivated. ./OFFICIAL_SENSITIVE_Lecurieux-Clerville_Stephane_-_S_of_S_decision_REDACTED2.pdf-However, the panel considered the circumstances and the nature of the relationship ./OFFICIAL_SENSITIVE_Lecurieux-Clerville_Stephane_-_S_of_S_decision_REDACTED2.pdf-between Mr Lecurieux-Clerville and Pupil A. In light of this, the panel found Mr Lecurieux- ./OFFICIAL_SENSITIVE_Lecurieux-Clerville_Stephane_-_S_of_S_decision_REDACTED2.pdf:Clerville’s conduct to be of a sexual nature and sexually motivated. ./OFFICIAL_SENSITIVE_Lecurieux-Clerville_Stephane_-_S_of_S_decision_REDACTED2.pdf- ./OFFICIAL_SENSITIVE_Lecurieux-Clerville_Stephane_-_S_of_S_decision_REDACTED2.pdf-The allegation was therefore, found proven. ./OFFICIAL_SENSITIVE_Lecurieux-Clerville_Stephane_-_S_of_S_decision_REDACTED2.pdf- ./OFFICIAL_SENSITIVE_Lecurieux-Clerville_Stephane_-_S_of_S_decision_REDACTED2.pdf-Findings as to unacceptable professional conduct and/or conduct that ./OFFICIAL_SENSITIVE_Lecurieux-Clerville_Stephane_-_S_of_S_decision_REDACTED2.pdf-may bring the profession into disrepute ./OFFICIAL_SENSITIVE_Lecurieux-Clerville_Stephane_-_S_of_S_decision_REDACTED2.pdf- ./OFFICIAL_SENSITIVE_Lecurieux-Clerville_Stephane_-_S_of_S_decision_REDACTED2.pdf-Having found a number of the allegations proved, the panel went on to consider whether ./OFFICIAL_SENSITIVE_Lecurieux-Clerville_Stephane_-_S_of_S_decision_REDACTED2.pdf-the facts of those proved allegations amounted to unacceptable professional conduct ./OFFICIAL_SENSITIVE_Lecurieux-Clerville_Stephane_-_S_of_S_decision_REDACTED2.pdf-and/or conduct that may bring the profession into disrepute. ./OFFICIAL_SENSITIVE_Lecurieux-Clerville_Stephane_-_S_of_S_decision_REDACTED2.pdf- -- ./OFFICIAL_SENSITIVE_Lecurieux-Clerville_Stephane_-_S_of_S_decision_REDACTED2.pdf- ./OFFICIAL_SENSITIVE_Lecurieux-Clerville_Stephane_-_S_of_S_decision_REDACTED2.pdf-The panel was satisfied that the conduct of Mr Lecurieux-Clerville fell significantly short of ./OFFICIAL_SENSITIVE_Lecurieux-Clerville_Stephane_-_S_of_S_decision_REDACTED2.pdf-the standards expected of the profession. ./OFFICIAL_SENSITIVE_Lecurieux-Clerville_Stephane_-_S_of_S_decision_REDACTED2.pdf- ./OFFICIAL_SENSITIVE_Lecurieux-Clerville_Stephane_-_S_of_S_decision_REDACTED2.pdf-The panel also considered whether Mr Lecurieux-Clerville’s conduct displayed ./OFFICIAL_SENSITIVE_Lecurieux-Clerville_Stephane_-_S_of_S_decision_REDACTED2.pdf-behaviours associated with any of the offences listed on pages 10 and 11 of the Advice. ./OFFICIAL_SENSITIVE_Lecurieux-Clerville_Stephane_-_S_of_S_decision_REDACTED2.pdf- ./OFFICIAL_SENSITIVE_Lecurieux-Clerville_Stephane_-_S_of_S_decision_REDACTED2.pdf-The panel found that none of these offences was relevant. The Advice indicates that ./OFFICIAL_SENSITIVE_Lecurieux-Clerville_Stephane_-_S_of_S_decision_REDACTED2.pdf-where behaviours associated with such an offence exist, a panel is likely to conclude that ./OFFICIAL_SENSITIVE_Lecurieux-Clerville_Stephane_-_S_of_S_decision_REDACTED2.pdf-an individual’s conduct would amount to unacceptable professional conduct. The panel ./OFFICIAL_SENSITIVE_Lecurieux-Clerville_Stephane_-_S_of_S_decision_REDACTED2.pdf:did not find the offence of sexual activity relevant, given the age of Pupil A and that she ./OFFICIAL_SENSITIVE_Lecurieux-Clerville_Stephane_-_S_of_S_decision_REDACTED2.pdf-had left the School, although only a short time before Mr Lecurieux-Clerville engaged in ./OFFICIAL_SENSITIVE_Lecurieux-Clerville_Stephane_-_S_of_S_decision_REDACTED2.pdf:sexual activity with Pupil A. ./OFFICIAL_SENSITIVE_Lecurieux-Clerville_Stephane_-_S_of_S_decision_REDACTED2.pdf- ./OFFICIAL_SENSITIVE_Lecurieux-Clerville_Stephane_-_S_of_S_decision_REDACTED2.pdf-The panel noted that allegations 1b, 1d, 1h, 1i, 1j, 2 and 3 took place outside the ./OFFICIAL_SENSITIVE_Lecurieux-Clerville_Stephane_-_S_of_S_decision_REDACTED2.pdf-education setting. However, the panel considered such conduct affected the way Mr ./OFFICIAL_SENSITIVE_Lecurieux-Clerville_Stephane_-_S_of_S_decision_REDACTED2.pdf-Lecurieux-Clerville fulfilled his teaching role as communication with Pupil A started while ./OFFICIAL_SENSITIVE_Lecurieux-Clerville_Stephane_-_S_of_S_decision_REDACTED2.pdf-Pupil A was [redacted], Mr Lecurieux-Clerville had left school premises to meet PupilA ./OFFICIAL_SENSITIVE_Lecurieux-Clerville_Stephane_-_S_of_S_decision_REDACTED2.pdf:and the sexual relationship started the summer after the pupil had left the School. The ./OFFICIAL_SENSITIVE_Lecurieux-Clerville_Stephane_-_S_of_S_decision_REDACTED2.pdf-panel considered that teachers have a responsibility to maintain professional boundaries ./OFFICIAL_SENSITIVE_Lecurieux-Clerville_Stephane_-_S_of_S_decision_REDACTED2.pdf-and that this included with former pupils, who had recently left the School, owing to the ./OFFICIAL_SENSITIVE_Lecurieux-Clerville_Stephane_-_S_of_S_decision_REDACTED2.pdf-position of trust a teacher is in. ./OFFICIAL_SENSITIVE_Lecurieux-Clerville_Stephane_-_S_of_S_decision_REDACTED2.pdf- ./OFFICIAL_SENSITIVE_Lecurieux-Clerville_Stephane_-_S_of_S_decision_REDACTED2.pdf-Accordingly, the panel was satisfied that Mr Lecurieux-Clerville was guilty of ./OFFICIAL_SENSITIVE_Lecurieux-Clerville_Stephane_-_S_of_S_decision_REDACTED2.pdf-unacceptable professional conduct. ./OFFICIAL_SENSITIVE_Lecurieux-Clerville_Stephane_-_S_of_S_decision_REDACTED2.pdf- ./OFFICIAL_SENSITIVE_Lecurieux-Clerville_Stephane_-_S_of_S_decision_REDACTED2.pdf-The panel took into account the way the teaching profession is viewed by others and ./OFFICIAL_SENSITIVE_Lecurieux-Clerville_Stephane_-_S_of_S_decision_REDACTED2.pdf-considered the influence that teachers may have on pupils, parents and others in the ./OFFICIAL_SENSITIVE_Lecurieux-Clerville_Stephane_-_S_of_S_decision_REDACTED2.pdf-community. The panel also took account of the uniquely influential role that teachers can -- ./OFFICIAL_SENSITIVE_Lecurieux-Clerville_Stephane_-_S_of_S_decision_REDACTED2.pdf-concerned if they were made aware of the nature of Mr Lecurieux-Clerville’s relationship ./OFFICIAL_SENSITIVE_Lecurieux-Clerville_Stephane_-_S_of_S_decision_REDACTED2.pdf-with a former pupil. Although Pupil A had left the School when Mr Lecurieux-Clerville had ./OFFICIAL_SENSITIVE_Lecurieux-Clerville_Stephane_-_S_of_S_decision_REDACTED2.pdf:kissed her and engaged in sexual activity, the panel noted that Pupil A had only left the ./OFFICIAL_SENSITIVE_Lecurieux-Clerville_Stephane_-_S_of_S_decision_REDACTED2.pdf-School a short time before and that the relationship between Mr Lecurieux-Clerville and ./OFFICIAL_SENSITIVE_Lecurieux-Clerville_Stephane_-_S_of_S_decision_REDACTED2.pdf-Pupil A had developed while he was her teacher. The panel considered this to have been ./OFFICIAL_SENSITIVE_Lecurieux-Clerville_Stephane_-_S_of_S_decision_REDACTED2.pdf-a continuing and developing relationship, with no break in communication after Pupil A ./OFFICIAL_SENSITIVE_Lecurieux-Clerville_Stephane_-_S_of_S_decision_REDACTED2.pdf-had left the School. ./OFFICIAL_SENSITIVE_Lecurieux-Clerville_Stephane_-_S_of_S_decision_REDACTED2.pdf- ./OFFICIAL_SENSITIVE_Lecurieux-Clerville_Stephane_-_S_of_S_decision_REDACTED2.pdf-The panel therefore found that Mr Lecurieux-Clerville’s actions constituted conduct that ./OFFICIAL_SENSITIVE_Lecurieux-Clerville_Stephane_-_S_of_S_decision_REDACTED2.pdf-may bring the profession into disrepute. ./OFFICIAL_SENSITIVE_Lecurieux-Clerville_Stephane_-_S_of_S_decision_REDACTED2.pdf- ./OFFICIAL_SENSITIVE_Lecurieux-Clerville_Stephane_-_S_of_S_decision_REDACTED2.pdf-Having found the facts of particulars 1, 2 and 3 proved, the panel further found that Mr ./OFFICIAL_SENSITIVE_Lecurieux-Clerville_Stephane_-_S_of_S_decision_REDACTED2.pdf-Lecurieux-Clerville’s conduct amounted to both unacceptable professional conduct and -- ./OFFICIAL_SENSITIVE_Lecurieux-Clerville_Stephane_-_S_of_S_decision_REDACTED2.pdf-orders should not be given in order to be punitive, or to show that blame has been ./OFFICIAL_SENSITIVE_Lecurieux-Clerville_Stephane_-_S_of_S_decision_REDACTED2.pdf-apportioned, although they are likely to have a punitive effect. ./OFFICIAL_SENSITIVE_Lecurieux-Clerville_Stephane_-_S_of_S_decision_REDACTED2.pdf- ./OFFICIAL_SENSITIVE_Lecurieux-Clerville_Stephane_-_S_of_S_decision_REDACTED2.pdf-The panel had regard to the particular public interest considerations set out in the Advice ./OFFICIAL_SENSITIVE_Lecurieux-Clerville_Stephane_-_S_of_S_decision_REDACTED2.pdf-and having done so, found a number of them to be relevant in this case, namely the ./OFFICIAL_SENSITIVE_Lecurieux-Clerville_Stephane_-_S_of_S_decision_REDACTED2.pdf-protection of pupils, the protection of other members of the public, the maintenance of ./OFFICIAL_SENSITIVE_Lecurieux-Clerville_Stephane_-_S_of_S_decision_REDACTED2.pdf-public confidence in the profession and declaring and upholding proper standards of ./OFFICIAL_SENSITIVE_Lecurieux-Clerville_Stephane_-_S_of_S_decision_REDACTED2.pdf-conduct. ./OFFICIAL_SENSITIVE_Lecurieux-Clerville_Stephane_-_S_of_S_decision_REDACTED2.pdf- ./OFFICIAL_SENSITIVE_Lecurieux-Clerville_Stephane_-_S_of_S_decision_REDACTED2.pdf-In the light of the panel’s findings against Mr Lecurieux-Clerville, which involved a finding ./OFFICIAL_SENSITIVE_Lecurieux-Clerville_Stephane_-_S_of_S_decision_REDACTED2.pdf:of Mr Lecurieux-Clerville’s actions being of a sexual nature and for sexual gratification, ./OFFICIAL_SENSITIVE_Lecurieux-Clerville_Stephane_-_S_of_S_decision_REDACTED2.pdf-there was a strong public interest consideration in respect of the protection of pupils ./OFFICIAL_SENSITIVE_Lecurieux-Clerville_Stephane_-_S_of_S_decision_REDACTED2.pdf-given the serious findings of inappropriate relationships with a pupil at the School, both ./OFFICIAL_SENSITIVE_Lecurieux-Clerville_Stephane_-_S_of_S_decision_REDACTED2.pdf-while she was a pupil and shortly after leaving the School. ./OFFICIAL_SENSITIVE_Lecurieux-Clerville_Stephane_-_S_of_S_decision_REDACTED2.pdf- ./OFFICIAL_SENSITIVE_Lecurieux-Clerville_Stephane_-_S_of_S_decision_REDACTED2.pdf-Similarly, the panel considered that public confidence in the profession could be seriously ./OFFICIAL_SENSITIVE_Lecurieux-Clerville_Stephane_-_S_of_S_decision_REDACTED2.pdf-weakened if conduct such as that found against Mr Lecurieux-Clerville were not treated ./OFFICIAL_SENSITIVE_Lecurieux-Clerville_Stephane_-_S_of_S_decision_REDACTED2.pdf-with the utmost seriousness when regulating the conduct of the profession. ./OFFICIAL_SENSITIVE_Lecurieux-Clerville_Stephane_-_S_of_S_decision_REDACTED2.pdf- ./OFFICIAL_SENSITIVE_Lecurieux-Clerville_Stephane_-_S_of_S_decision_REDACTED2.pdf- ./OFFICIAL_SENSITIVE_Lecurieux-Clerville_Stephane_-_S_of_S_decision_REDACTED2.pdf- -- ./OFFICIAL_SENSITIVE_Lecurieux-Clerville_Stephane_-_S_of_S_decision_REDACTED2.pdf-In the list of such behaviours, those that are relevant in this case are: ./OFFICIAL_SENSITIVE_Lecurieux-Clerville_Stephane_-_S_of_S_decision_REDACTED2.pdf- ./OFFICIAL_SENSITIVE_Lecurieux-Clerville_Stephane_-_S_of_S_decision_REDACTED2.pdf- • serious departure from the personal and professional conduct elements of ./OFFICIAL_SENSITIVE_Lecurieux-Clerville_Stephane_-_S_of_S_decision_REDACTED2.pdf- theTeachers’ Standards; ./OFFICIAL_SENSITIVE_Lecurieux-Clerville_Stephane_-_S_of_S_decision_REDACTED2.pdf- ./OFFICIAL_SENSITIVE_Lecurieux-Clerville_Stephane_-_S_of_S_decision_REDACTED2.pdf- • misconduct seriously affecting the education and/or well-being of pupils, ./OFFICIAL_SENSITIVE_Lecurieux-Clerville_Stephane_-_S_of_S_decision_REDACTED2.pdf- andparticularly where there is a continuing risk; ./OFFICIAL_SENSITIVE_Lecurieux-Clerville_Stephane_-_S_of_S_decision_REDACTED2.pdf- ./OFFICIAL_SENSITIVE_Lecurieux-Clerville_Stephane_-_S_of_S_decision_REDACTED2.pdf- • abuse of position or trust or violation of the rights of pupils; ./OFFICIAL_SENSITIVE_Lecurieux-Clerville_Stephane_-_S_of_S_decision_REDACTED2.pdf- ./OFFICIAL_SENSITIVE_Lecurieux-Clerville_Stephane_-_S_of_S_decision_REDACTED2.pdf: • sexual misconduct, for example, involving actions that were sexually ./OFFICIAL_SENSITIVE_Lecurieux-Clerville_Stephane_-_S_of_S_decision_REDACTED2.pdf: motivated or of a sexual nature and/or that use or exploit the trust, knowledge ./OFFICIAL_SENSITIVE_Lecurieux-Clerville_Stephane_-_S_of_S_decision_REDACTED2.pdf- or influencederived from the individual’s professional position; ./OFFICIAL_SENSITIVE_Lecurieux-Clerville_Stephane_-_S_of_S_decision_REDACTED2.pdf- ./OFFICIAL_SENSITIVE_Lecurieux-Clerville_Stephane_-_S_of_S_decision_REDACTED2.pdf-Even though some of the behaviour found proved in this case indicated that a prohibition ./OFFICIAL_SENSITIVE_Lecurieux-Clerville_Stephane_-_S_of_S_decision_REDACTED2.pdf-order would be appropriate, the panel went on to consider the mitigating factors. ./OFFICIAL_SENSITIVE_Lecurieux-Clerville_Stephane_-_S_of_S_decision_REDACTED2.pdf-Mitigating factors may indicate that a prohibition order would not be appropriate or ./OFFICIAL_SENSITIVE_Lecurieux-Clerville_Stephane_-_S_of_S_decision_REDACTED2.pdf-proportionate. ./OFFICIAL_SENSITIVE_Lecurieux-Clerville_Stephane_-_S_of_S_decision_REDACTED2.pdf- ./OFFICIAL_SENSITIVE_Lecurieux-Clerville_Stephane_-_S_of_S_decision_REDACTED2.pdf-There was no evidence that Mr Lecurieux-Clerville’s actions were not deliberate. ./OFFICIAL_SENSITIVE_Lecurieux-Clerville_Stephane_-_S_of_S_decision_REDACTED2.pdf- ./OFFICIAL_SENSITIVE_Lecurieux-Clerville_Stephane_-_S_of_S_decision_REDACTED2.pdf-There was no evidence to suggest that Mr Lecurieux-Clerville was acting under duress, -- ./OFFICIAL_SENSITIVE_Lecurieux-Clerville_Stephane_-_S_of_S_decision_REDACTED2.pdf- ./OFFICIAL_SENSITIVE_Lecurieux-Clerville_Stephane_-_S_of_S_decision_REDACTED2.pdf-The panel was of the view that, applying the standard of the ordinary intelligent citizen, it ./OFFICIAL_SENSITIVE_Lecurieux-Clerville_Stephane_-_S_of_S_decision_REDACTED2.pdf-would not be a proportionate and appropriate response to recommend no prohibition ./OFFICIAL_SENSITIVE_Lecurieux-Clerville_Stephane_-_S_of_S_decision_REDACTED2.pdf-order. Recommending that the publication of adverse findings was sufficient would ./OFFICIAL_SENSITIVE_Lecurieux-Clerville_Stephane_-_S_of_S_decision_REDACTED2.pdf-unacceptably compromise the public interest considerations present in this case, despite ./OFFICIAL_SENSITIVE_Lecurieux-Clerville_Stephane_-_S_of_S_decision_REDACTED2.pdf-the severity of the consequences for Mr Lecurieux-Clerville of prohibition. ./OFFICIAL_SENSITIVE_Lecurieux-Clerville_Stephane_-_S_of_S_decision_REDACTED2.pdf- ./OFFICIAL_SENSITIVE_Lecurieux-Clerville_Stephane_-_S_of_S_decision_REDACTED2.pdf-The panel was of the view that prohibition was both proportionate and appropriate. The ./OFFICIAL_SENSITIVE_Lecurieux-Clerville_Stephane_-_S_of_S_decision_REDACTED2.pdf-panel decided that the public interest considerations outweighed the interests of Mr ./OFFICIAL_SENSITIVE_Lecurieux-Clerville_Stephane_-_S_of_S_decision_REDACTED2.pdf-Lecurieux-Clerville. The significant breach of trust between a pupil and teacher, in ./OFFICIAL_SENSITIVE_Lecurieux-Clerville_Stephane_-_S_of_S_decision_REDACTED2.pdf:carrying out sexually motivated actions both while Pupil A was a pupil at the School and ./OFFICIAL_SENSITIVE_Lecurieux-Clerville_Stephane_-_S_of_S_decision_REDACTED2.pdf-shortly after, was a significant factor in forming that opinion. Accordingly, the panel made ./OFFICIAL_SENSITIVE_Lecurieux-Clerville_Stephane_-_S_of_S_decision_REDACTED2.pdf-a recommendation to the Secretary of State that a prohibition order should be imposed ./OFFICIAL_SENSITIVE_Lecurieux-Clerville_Stephane_-_S_of_S_decision_REDACTED2.pdf-with immediate effect. ./OFFICIAL_SENSITIVE_Lecurieux-Clerville_Stephane_-_S_of_S_decision_REDACTED2.pdf- ./OFFICIAL_SENSITIVE_Lecurieux-Clerville_Stephane_-_S_of_S_decision_REDACTED2.pdf-The panel went on to consider whether or not it would be appropriate to recommend that ./OFFICIAL_SENSITIVE_Lecurieux-Clerville_Stephane_-_S_of_S_decision_REDACTED2.pdf-a review period of the order should be considered. The panel was mindful that the Advice ./OFFICIAL_SENSITIVE_Lecurieux-Clerville_Stephane_-_S_of_S_decision_REDACTED2.pdf-states that a prohibition order applies for life, but there may be circumstances, in any ./OFFICIAL_SENSITIVE_Lecurieux-Clerville_Stephane_-_S_of_S_decision_REDACTED2.pdf-given case, that may make it appropriate to allow a teacher to apply to have the ./OFFICIAL_SENSITIVE_Lecurieux-Clerville_Stephane_-_S_of_S_decision_REDACTED2.pdf-prohibition order reviewed after a specified period of time that may not be less than 2 ./OFFICIAL_SENSITIVE_Lecurieux-Clerville_Stephane_-_S_of_S_decision_REDACTED2.pdf-years. ./OFFICIAL_SENSITIVE_Lecurieux-Clerville_Stephane_-_S_of_S_decision_REDACTED2.pdf- ./OFFICIAL_SENSITIVE_Lecurieux-Clerville_Stephane_-_S_of_S_decision_REDACTED2.pdf-The Advice indicates that there are behaviours that, if proved, would militate against the ./OFFICIAL_SENSITIVE_Lecurieux-Clerville_Stephane_-_S_of_S_decision_REDACTED2.pdf:recommendation of a review period. One of these behaviours includes serious sexual ./OFFICIAL_SENSITIVE_Lecurieux-Clerville_Stephane_-_S_of_S_decision_REDACTED2.pdf:misconduct, such as where the act was sexually motivated and resulted in or had the ./OFFICIAL_SENSITIVE_Lecurieux-Clerville_Stephane_-_S_of_S_decision_REDACTED2.pdf-potential to result in, harm to a person or persons, particularly where the individual has ./OFFICIAL_SENSITIVE_Lecurieux-Clerville_Stephane_-_S_of_S_decision_REDACTED2.pdf-used his professional position to influence or exploit a person. The panel found that Mr ./OFFICIAL_SENSITIVE_Lecurieux-Clerville_Stephane_-_S_of_S_decision_REDACTED2.pdf-Lecurieux-Clerville was responsible for developing an inappropriate relationship with ./OFFICIAL_SENSITIVE_Lecurieux-Clerville_Stephane_-_S_of_S_decision_REDACTED2.pdf-Pupil A. He had met, hugged and communicated with Pupil A through text messages, ./OFFICIAL_SENSITIVE_Lecurieux-Clerville_Stephane_-_S_of_S_decision_REDACTED2.pdf-telephone and Instagram while she was a pupil at the School. This communication had ./OFFICIAL_SENSITIVE_Lecurieux-Clerville_Stephane_-_S_of_S_decision_REDACTED2.pdf-developed as a result of Mr Lecurieux-Clerville professional position and continued, with ./OFFICIAL_SENSITIVE_Lecurieux-Clerville_Stephane_-_S_of_S_decision_REDACTED2.pdf-no break, when Pupil A left the School. Mr Lecurieux-Clerville had also failed to maintain ./OFFICIAL_SENSITIVE_Lecurieux-Clerville_Stephane_-_S_of_S_decision_REDACTED2.pdf-an appropriate relationship with Pupil A after she had left the School by giving her gifts, ./OFFICIAL_SENSITIVE_Lecurieux-Clerville_Stephane_-_S_of_S_decision_REDACTED2.pdf-touching her inappropriately, kissing her, exchanging inappropriate photographs and ./OFFICIAL_SENSITIVE_Lecurieux-Clerville_Stephane_-_S_of_S_decision_REDACTED2.pdf:engaging in sexual activity. The panel had found such actions to be of a sexual nature ./OFFICIAL_SENSITIVE_Lecurieux-Clerville_Stephane_-_S_of_S_decision_REDACTED2.pdf:and sexually motivated. ./OFFICIAL_SENSITIVE_Lecurieux-Clerville_Stephane_-_S_of_S_decision_REDACTED2.pdf- ./OFFICIAL_SENSITIVE_Lecurieux-Clerville_Stephane_-_S_of_S_decision_REDACTED2.pdf- ./OFFICIAL_SENSITIVE_Lecurieux-Clerville_Stephane_-_S_of_S_decision_REDACTED2.pdf- 18 ./OFFICIAL_SENSITIVE_Lecurieux-Clerville_Stephane_-_S_of_S_decision_REDACTED2.pdf- -- ./OFFICIAL_SENSITIVE_Lecurieux-Clerville_Stephane_-_S_of_S_decision_REDACTED2.pdf- • Teachers must have an understanding of, and always act within, the ./OFFICIAL_SENSITIVE_Lecurieux-Clerville_Stephane_-_S_of_S_decision_REDACTED2.pdf- statutoryframeworks which set out their professional duties and ./OFFICIAL_SENSITIVE_Lecurieux-Clerville_Stephane_-_S_of_S_decision_REDACTED2.pdf- responsibilities. ./OFFICIAL_SENSITIVE_Lecurieux-Clerville_Stephane_-_S_of_S_decision_REDACTED2.pdf- ./OFFICIAL_SENSITIVE_Lecurieux-Clerville_Stephane_-_S_of_S_decision_REDACTED2.pdf-The panel was also “satisfied that the conduct of Mr Lecurieux-Clerville fell significantly ./OFFICIAL_SENSITIVE_Lecurieux-Clerville_Stephane_-_S_of_S_decision_REDACTED2.pdf-short of the standards expected of the profession.” ./OFFICIAL_SENSITIVE_Lecurieux-Clerville_Stephane_-_S_of_S_decision_REDACTED2.pdf- ./OFFICIAL_SENSITIVE_Lecurieux-Clerville_Stephane_-_S_of_S_decision_REDACTED2.pdf-The findings of misconduct are particularly serious as they include a finding that, “Mr ./OFFICIAL_SENSITIVE_Lecurieux-Clerville_Stephane_-_S_of_S_decision_REDACTED2.pdf:Lecurieux-Clerville’s conduct to be of a sexual nature and sexually motivated.” ./OFFICIAL_SENSITIVE_Lecurieux-Clerville_Stephane_-_S_of_S_decision_REDACTED2.pdf- ./OFFICIAL_SENSITIVE_Lecurieux-Clerville_Stephane_-_S_of_S_decision_REDACTED2.pdf-I have to determine whether the imposition of a prohibition order is proportionate and in ./OFFICIAL_SENSITIVE_Lecurieux-Clerville_Stephane_-_S_of_S_decision_REDACTED2.pdf-the public interest. In considering that for this case, I have considered the overall aim of a ./OFFICIAL_SENSITIVE_Lecurieux-Clerville_Stephane_-_S_of_S_decision_REDACTED2.pdf-prohibition order which is to protect pupils and to maintain public confidence in the ./OFFICIAL_SENSITIVE_Lecurieux-Clerville_Stephane_-_S_of_S_decision_REDACTED2.pdf-profession. I have considered the extent to which a prohibition order in this case would ./OFFICIAL_SENSITIVE_Lecurieux-Clerville_Stephane_-_S_of_S_decision_REDACTED2.pdf-achieve that aim taking into account the impact that it will have on the individual teacher. ./OFFICIAL_SENSITIVE_Lecurieux-Clerville_Stephane_-_S_of_S_decision_REDACTED2.pdf-I have also asked myself, whether a less intrusive measure, such as the published ./OFFICIAL_SENSITIVE_Lecurieux-Clerville_Stephane_-_S_of_S_decision_REDACTED2.pdf-finding of unacceptable professional conduct and conduct that may bring the profession ./OFFICIAL_SENSITIVE_Lecurieux-Clerville_Stephane_-_S_of_S_decision_REDACTED2.pdf-into disrepute, would itself be sufficient to achieve the overall aim. I have to consider ./OFFICIAL_SENSITIVE_Lecurieux-Clerville_Stephane_-_S_of_S_decision_REDACTED2.pdf-whether the consequences of such a publication are themselves sufficient. I have ./OFFICIAL_SENSITIVE_Lecurieux-Clerville_Stephane_-_S_of_S_decision_REDACTED2.pdf-considered therefore whether or not prohibiting Mr Lecurieux-Clerville, and the impact ./OFFICIAL_SENSITIVE_Lecurieux-Clerville_Stephane_-_S_of_S_decision_REDACTED2.pdf-that will have on him, is proportionate and in the public interest. ./OFFICIAL_SENSITIVE_Lecurieux-Clerville_Stephane_-_S_of_S_decision_REDACTED2.pdf- ./OFFICIAL_SENSITIVE_Lecurieux-Clerville_Stephane_-_S_of_S_decision_REDACTED2.pdf-In this case, I have considered the extent to which a prohibition order would protect ./OFFICIAL_SENSITIVE_Lecurieux-Clerville_Stephane_-_S_of_S_decision_REDACTED2.pdf-children. The panel has observed that his, “conduct affected the way Mr Lecurieux- ./OFFICIAL_SENSITIVE_Lecurieux-Clerville_Stephane_-_S_of_S_decision_REDACTED2.pdf-Clerville fulfilled his teaching role as communication with Pupil A started while Pupil A ./OFFICIAL_SENSITIVE_Lecurieux-Clerville_Stephane_-_S_of_S_decision_REDACTED2.pdf-was [redacted], Mr Lecurieux-Clerville had left school premises to meet Pupil A and the ./OFFICIAL_SENSITIVE_Lecurieux-Clerville_Stephane_-_S_of_S_decision_REDACTED2.pdf:sexual relationship started the summer after the pupil had left the School. The panel ./OFFICIAL_SENSITIVE_Lecurieux-Clerville_Stephane_-_S_of_S_decision_REDACTED2.pdf-considered that teachers have a responsibility to maintain professional boundaries and ./OFFICIAL_SENSITIVE_Lecurieux-Clerville_Stephane_-_S_of_S_decision_REDACTED2.pdf-that this included with former pupils, who had recently left the School, owing to the ./OFFICIAL_SENSITIVE_Lecurieux-Clerville_Stephane_-_S_of_S_decision_REDACTED2.pdf-position of trust a teacher is in.” ./OFFICIAL_SENSITIVE_Lecurieux-Clerville_Stephane_-_S_of_S_decision_REDACTED2.pdf- ./OFFICIAL_SENSITIVE_Lecurieux-Clerville_Stephane_-_S_of_S_decision_REDACTED2.pdf-A prohibition order would therefore prevent such a risk from being present in the future. I ./OFFICIAL_SENSITIVE_Lecurieux-Clerville_Stephane_-_S_of_S_decision_REDACTED2.pdf-have also taken into account the panel’s comments on insight and remorse, which the ./OFFICIAL_SENSITIVE_Lecurieux-Clerville_Stephane_-_S_of_S_decision_REDACTED2.pdf-panel sets out as follows, “Mr Lecurieux-Clerville had apologised for his actions during ./OFFICIAL_SENSITIVE_Lecurieux-Clerville_Stephane_-_S_of_S_decision_REDACTED2.pdf-the School’s disciplinary process and reiterated his apology to Pupil A and his colleagues ./OFFICIAL_SENSITIVE_Lecurieux-Clerville_Stephane_-_S_of_S_decision_REDACTED2.pdf-in his written response to the allegations. In this response, Mr Lecurieux-Clerville had ./OFFICIAL_SENSITIVE_Lecurieux-Clerville_Stephane_-_S_of_S_decision_REDACTED2.pdf-outlined the actions he had taken to address his behaviour [redacted]. However, the -- ./OFFICIAL_SENSITIVE_Lecurieux-Clerville_Stephane_-_S_of_S_decision_REDACTED2.pdf-serious, and the conduct displayed would be likely to have a negative impact on the ./OFFICIAL_SENSITIVE_Lecurieux-Clerville_Stephane_-_S_of_S_decision_REDACTED2.pdf-individual’s status as a teacher, potentially damaging the public perception. In particular, ./OFFICIAL_SENSITIVE_Lecurieux-Clerville_Stephane_-_S_of_S_decision_REDACTED2.pdf-the panel considered that the public would be highly concerned if they were made aware ./OFFICIAL_SENSITIVE_Lecurieux-Clerville_Stephane_-_S_of_S_decision_REDACTED2.pdf-of the nature of Mr Lecurieux-Clerville’s relationship with a former pupil. Although Pupil A ./OFFICIAL_SENSITIVE_Lecurieux-Clerville_Stephane_-_S_of_S_decision_REDACTED2.pdf:had left the School when Mr Lecurieux-Clerville had kissed her and engaged in sexual ./OFFICIAL_SENSITIVE_Lecurieux-Clerville_Stephane_-_S_of_S_decision_REDACTED2.pdf-activity, the panel noted that Pupil A had only left the School a short time before and that ./OFFICIAL_SENSITIVE_Lecurieux-Clerville_Stephane_-_S_of_S_decision_REDACTED2.pdf-the relationship between Mr Lecurieux-Clerville and Pupil A had developed while he was ./OFFICIAL_SENSITIVE_Lecurieux-Clerville_Stephane_-_S_of_S_decision_REDACTED2.pdf-her teacher.” ./OFFICIAL_SENSITIVE_Lecurieux-Clerville_Stephane_-_S_of_S_decision_REDACTED2.pdf- ./OFFICIAL_SENSITIVE_Lecurieux-Clerville_Stephane_-_S_of_S_decision_REDACTED2.pdf-I have had to consider that the public has a high expectation of professional standards of ./OFFICIAL_SENSITIVE_Lecurieux-Clerville_Stephane_-_S_of_S_decision_REDACTED2.pdf-all teachers and that the public might regard a failure to impose a prohibition order as a ./OFFICIAL_SENSITIVE_Lecurieux-Clerville_Stephane_-_S_of_S_decision_REDACTED2.pdf-failure to uphold those high standards. In weighing these considerations, I have had to ./OFFICIAL_SENSITIVE_Lecurieux-Clerville_Stephane_-_S_of_S_decision_REDACTED2.pdf-consider the matter from the point of view of an “ordinary intelligent and well-informed ./OFFICIAL_SENSITIVE_Lecurieux-Clerville_Stephane_-_S_of_S_decision_REDACTED2.pdf-citizen.” ./OFFICIAL_SENSITIVE_Lecurieux-Clerville_Stephane_-_S_of_S_decision_REDACTED2.pdf- -- ./OFFICIAL_SENSITIVE_Lecurieux-Clerville_Stephane_-_S_of_S_decision_REDACTED2.pdf-force. ./OFFICIAL_SENSITIVE_Lecurieux-Clerville_Stephane_-_S_of_S_decision_REDACTED2.pdf- ./OFFICIAL_SENSITIVE_Lecurieux-Clerville_Stephane_-_S_of_S_decision_REDACTED2.pdf-In this case, I have placed considerable weight on the panel’s comments, “The panel ./OFFICIAL_SENSITIVE_Lecurieux-Clerville_Stephane_-_S_of_S_decision_REDACTED2.pdf-found that Mr Lecurieux-Clerville was responsible for developing an inappropriate ./OFFICIAL_SENSITIVE_Lecurieux-Clerville_Stephane_-_S_of_S_decision_REDACTED2.pdf-relationship with Pupil A. He had met, hugged and communicated with Pupil A through ./OFFICIAL_SENSITIVE_Lecurieux-Clerville_Stephane_-_S_of_S_decision_REDACTED2.pdf-text messages, telephone and Instagram while she was a pupil at the School. This ./OFFICIAL_SENSITIVE_Lecurieux-Clerville_Stephane_-_S_of_S_decision_REDACTED2.pdf-communication had developed as a result of Mr Lecurieux-Clerville professional position ./OFFICIAL_SENSITIVE_Lecurieux-Clerville_Stephane_-_S_of_S_decision_REDACTED2.pdf-and continued, with no break, when Pupil A left the School. Mr Lecurieux-Clerville had ./OFFICIAL_SENSITIVE_Lecurieux-Clerville_Stephane_-_S_of_S_decision_REDACTED2.pdf-also failed to maintain an appropriate relationship with Pupil A after she had left the ./OFFICIAL_SENSITIVE_Lecurieux-Clerville_Stephane_-_S_of_S_decision_REDACTED2.pdf-School by giving her gifts, touching her inappropriately, kissing her, exchanging ./OFFICIAL_SENSITIVE_Lecurieux-Clerville_Stephane_-_S_of_S_decision_REDACTED2.pdf:inappropriate photographs and engaging in sexual activity. The panel had found such ./OFFICIAL_SENSITIVE_Lecurieux-Clerville_Stephane_-_S_of_S_decision_REDACTED2.pdf:actions to be of a sexual nature and sexually motivated. ./OFFICIAL_SENSITIVE_Lecurieux-Clerville_Stephane_-_S_of_S_decision_REDACTED2.pdf- ./OFFICIAL_SENSITIVE_Lecurieux-Clerville_Stephane_-_S_of_S_decision_REDACTED2.pdf-The panel also noted the harm Mr Lecurieux-Clerville’s actions had caused to Pupil A ./OFFICIAL_SENSITIVE_Lecurieux-Clerville_Stephane_-_S_of_S_decision_REDACTED2.pdf-and the impact on her mental health.” ./OFFICIAL_SENSITIVE_Lecurieux-Clerville_Stephane_-_S_of_S_decision_REDACTED2.pdf- ./OFFICIAL_SENSITIVE_Lecurieux-Clerville_Stephane_-_S_of_S_decision_REDACTED2.pdf- ./OFFICIAL_SENSITIVE_Lecurieux-Clerville_Stephane_-_S_of_S_decision_REDACTED2.pdf- ./OFFICIAL_SENSITIVE_Lecurieux-Clerville_Stephane_-_S_of_S_decision_REDACTED2.pdf- ./OFFICIAL_SENSITIVE_Lecurieux-Clerville_Stephane_-_S_of_S_decision_REDACTED2.pdf- 21 ./OFFICIAL_SENSITIVE_Lecurieux-Clerville_Stephane_-_S_of_S_decision_REDACTED2.pdf- ./OFFICIAL_SENSITIVE_Ochana_Natalie_-_SoS_Decision_REDACTED.pdf-Allegations ./OFFICIAL_SENSITIVE_Ochana_Natalie_-_SoS_Decision_REDACTED.pdf-The panel considered the allegations set out in the notice of meeting dated 13 January ./OFFICIAL_SENSITIVE_Ochana_Natalie_-_SoS_Decision_REDACTED.pdf-2021. ./OFFICIAL_SENSITIVE_Ochana_Natalie_-_SoS_Decision_REDACTED.pdf- ./OFFICIAL_SENSITIVE_Ochana_Natalie_-_SoS_Decision_REDACTED.pdf-It was alleged that Ms Ochana was guilty of unacceptable professional conduct and/or ./OFFICIAL_SENSITIVE_Ochana_Natalie_-_SoS_Decision_REDACTED.pdf-conduct that may bring the profession into disrepute in that whilst employed as a Teacher ./OFFICIAL_SENSITIVE_Ochana_Natalie_-_SoS_Decision_REDACTED.pdf-and Special Needs Co-Ordinator at Endeavour Federation, Wythenshawe Campus (‘the ./OFFICIAL_SENSITIVE_Ochana_Natalie_-_SoS_Decision_REDACTED.pdf-Unit’) between 1 September 2011 and 9 July 2019: ./OFFICIAL_SENSITIVE_Ochana_Natalie_-_SoS_Decision_REDACTED.pdf- ./OFFICIAL_SENSITIVE_Ochana_Natalie_-_SoS_Decision_REDACTED.pdf- 1. She demonstrated a lack of professional judgment in respect of her relationship ./OFFICIAL_SENSITIVE_Ochana_Natalie_-_SoS_Decision_REDACTED.pdf: with Individual A, whom she knew was a convicted sex offender, in that: ./OFFICIAL_SENSITIVE_Ochana_Natalie_-_SoS_Decision_REDACTED.pdf- a. She did not disclose to the Unit [REDACTED] in a timely manner; ./OFFICIAL_SENSITIVE_Ochana_Natalie_-_SoS_Decision_REDACTED.pdf- b. She did not disclose the nature of Individual A’s conviction to the Unit; ./OFFICIAL_SENSITIVE_Ochana_Natalie_-_SoS_Decision_REDACTED.pdf- c. On one or more occasions, she provided false and/or misleading information to ./OFFICIAL_SENSITIVE_Ochana_Natalie_-_SoS_Decision_REDACTED.pdf- Individual B, a social worker, regarding: ./OFFICIAL_SENSITIVE_Ochana_Natalie_-_SoS_Decision_REDACTED.pdf- i. the circumstances of [REDACTED]; ./OFFICIAL_SENSITIVE_Ochana_Natalie_-_SoS_Decision_REDACTED.pdf- ./OFFICIAL_SENSITIVE_Ochana_Natalie_-_SoS_Decision_REDACTED.pdf- ii. the Unit’s knowledge and/or awareness of Individual A’s ./OFFICIAL_SENSITIVE_Ochana_Natalie_-_SoS_Decision_REDACTED.pdf- conviction and/or her relationship with him. ./OFFICIAL_SENSITIVE_Ochana_Natalie_-_SoS_Decision_REDACTED.pdf- ./OFFICIAL_SENSITIVE_Ochana_Natalie_-_SoS_Decision_REDACTED.pdf- 2. Her conduct as may be found proven at 1. above was dishonest and/or lacked -- ./OFFICIAL_SENSITIVE_Ochana_Natalie_-_SoS_Decision_REDACTED.pdf-allegations to be considered without a hearing. The panel had the ability to direct that the ./OFFICIAL_SENSITIVE_Ochana_Natalie_-_SoS_Decision_REDACTED.pdf-case be considered at a hearing if required in the interests of justice or in the public ./OFFICIAL_SENSITIVE_Ochana_Natalie_-_SoS_Decision_REDACTED.pdf-interest. The panel did not determine that such a direction was necessary or appropriate ./OFFICIAL_SENSITIVE_Ochana_Natalie_-_SoS_Decision_REDACTED.pdf-in this case. ./OFFICIAL_SENSITIVE_Ochana_Natalie_-_SoS_Decision_REDACTED.pdf- ./OFFICIAL_SENSITIVE_Ochana_Natalie_-_SoS_Decision_REDACTED.pdf-Ms Ochana was employed as a teacher and special educational needs co-ordinator at ./OFFICIAL_SENSITIVE_Ochana_Natalie_-_SoS_Decision_REDACTED.pdf-Endeavour Federation from 1 September 2011 until 9 July 2019. At the time of the events ./OFFICIAL_SENSITIVE_Ochana_Natalie_-_SoS_Decision_REDACTED.pdf-alleged, she was the Unit’s designated safeguarding lead. On 4 December 2018, Ms ./OFFICIAL_SENSITIVE_Ochana_Natalie_-_SoS_Decision_REDACTED.pdf-Ochana informed the Unit of [REDACTED]. On [REDACTED] 2018, Ms Ochana ./OFFICIAL_SENSITIVE_Ochana_Natalie_-_SoS_Decision_REDACTED.pdf-[REDACTED]. The Unit was subsequently made aware by external agencies of Ms ./OFFICIAL_SENSITIVE_Ochana_Natalie_-_SoS_Decision_REDACTED.pdf:Ochana’s relationship with Individual A, who is a registered sex offender. An investigation ./OFFICIAL_SENSITIVE_Ochana_Natalie_-_SoS_Decision_REDACTED.pdf-ensued, culminating in a disciplinary hearing on 8 July 2019 which determined to ./OFFICIAL_SENSITIVE_Ochana_Natalie_-_SoS_Decision_REDACTED.pdf-summarily dismiss Ms Ochana from her employment at the Unit. ./OFFICIAL_SENSITIVE_Ochana_Natalie_-_SoS_Decision_REDACTED.pdf- ./OFFICIAL_SENSITIVE_Ochana_Natalie_-_SoS_Decision_REDACTED.pdf- ./OFFICIAL_SENSITIVE_Ochana_Natalie_-_SoS_Decision_REDACTED.pdf- ./OFFICIAL_SENSITIVE_Ochana_Natalie_-_SoS_Decision_REDACTED.pdf- ./OFFICIAL_SENSITIVE_Ochana_Natalie_-_SoS_Decision_REDACTED.pdf- 5 ./OFFICIAL_SENSITIVE_Ochana_Natalie_-_SoS_Decision_REDACTED.pdf- -- ./OFFICIAL_SENSITIVE_Ochana_Natalie_-_SoS_Decision_REDACTED.pdf-The findings of fact are as follows: ./OFFICIAL_SENSITIVE_Ochana_Natalie_-_SoS_Decision_REDACTED.pdf- ./OFFICIAL_SENSITIVE_Ochana_Natalie_-_SoS_Decision_REDACTED.pdf-The panel found the following particulars of the allegations against you proved, for these ./OFFICIAL_SENSITIVE_Ochana_Natalie_-_SoS_Decision_REDACTED.pdf-reasons: ./OFFICIAL_SENSITIVE_Ochana_Natalie_-_SoS_Decision_REDACTED.pdf- ./OFFICIAL_SENSITIVE_Ochana_Natalie_-_SoS_Decision_REDACTED.pdf-Whilst employed as a teacher and special educational needs co-ordinator at ./OFFICIAL_SENSITIVE_Ochana_Natalie_-_SoS_Decision_REDACTED.pdf-Endeavour Federation, Wythenshawe Campus (‘the Unit’) between 1 September ./OFFICIAL_SENSITIVE_Ochana_Natalie_-_SoS_Decision_REDACTED.pdf-2011 and 9 July 2019: ./OFFICIAL_SENSITIVE_Ochana_Natalie_-_SoS_Decision_REDACTED.pdf- ./OFFICIAL_SENSITIVE_Ochana_Natalie_-_SoS_Decision_REDACTED.pdf- 1. You demonstrated a lack of professional judgment in respect of your ./OFFICIAL_SENSITIVE_Ochana_Natalie_-_SoS_Decision_REDACTED.pdf: relationship with Individual A, whom you knew was a convicted sex ./OFFICIAL_SENSITIVE_Ochana_Natalie_-_SoS_Decision_REDACTED.pdf- offender, in that: ./OFFICIAL_SENSITIVE_Ochana_Natalie_-_SoS_Decision_REDACTED.pdf- a. You did not disclose to the Unit [REDACTED] in a timely manner; ./OFFICIAL_SENSITIVE_Ochana_Natalie_-_SoS_Decision_REDACTED.pdf-Ms Ochana stated during her interview for the Unit’s disciplinary investigation that she ./OFFICIAL_SENSITIVE_Ochana_Natalie_-_SoS_Decision_REDACTED.pdf-had [REDACTED] on 27 November 2018, and that it was [REDACTED]. She stated that ./OFFICIAL_SENSITIVE_Ochana_Natalie_-_SoS_Decision_REDACTED.pdf-she was referred to a [REDACTED] on 28 November 2018. She stated that [REDACTED] ./OFFICIAL_SENSITIVE_Ochana_Natalie_-_SoS_Decision_REDACTED.pdf-on 29 November. Her [REDACTED] the following day showed the [REDACTED]. She ./OFFICIAL_SENSITIVE_Ochana_Natalie_-_SoS_Decision_REDACTED.pdf-then clarified later in the interview that in May 2018, she had a [REDACTED], but had not ./OFFICIAL_SENSITIVE_Ochana_Natalie_-_SoS_Decision_REDACTED.pdf-seen a GP, then in July 2018, she believed [REDACTED]. ./OFFICIAL_SENSITIVE_Ochana_Natalie_-_SoS_Decision_REDACTED.pdf- ./OFFICIAL_SENSITIVE_Ochana_Natalie_-_SoS_Decision_REDACTED.pdf-The panel has seen correspondence following occupational health appointments on 2 -- ./OFFICIAL_SENSITIVE_Ochana_Natalie_-_SoS_Decision_REDACTED.pdf-this regard proven on the balance of probabilities. ./OFFICIAL_SENSITIVE_Ochana_Natalie_-_SoS_Decision_REDACTED.pdf- ./OFFICIAL_SENSITIVE_Ochana_Natalie_-_SoS_Decision_REDACTED.pdf- b. You did not disclose the nature of Individual A’s conviction to the Unit; ./OFFICIAL_SENSITIVE_Ochana_Natalie_-_SoS_Decision_REDACTED.pdf-In the minutes of the strategy meeting dated 8 January 2018, it is apparent that Ms ./OFFICIAL_SENSITIVE_Ochana_Natalie_-_SoS_Decision_REDACTED.pdf-Ochana’s relationship with Individual A was made known to the Probation Service by ./OFFICIAL_SENSITIVE_Ochana_Natalie_-_SoS_Decision_REDACTED.pdf-Individual A on 31 October 2018, and that [REDACTED] thereafter became involved with ./OFFICIAL_SENSITIVE_Ochana_Natalie_-_SoS_Decision_REDACTED.pdf-Ms Ochana. ./OFFICIAL_SENSITIVE_Ochana_Natalie_-_SoS_Decision_REDACTED.pdf- ./OFFICIAL_SENSITIVE_Ochana_Natalie_-_SoS_Decision_REDACTED.pdf-During the school’s disciplinary investigation, Ms Ochana stated that she had met ./OFFICIAL_SENSITIVE_Ochana_Natalie_-_SoS_Decision_REDACTED.pdf-Individual A in March 2018 and that he had told her at some point during the summer of ./OFFICIAL_SENSITIVE_Ochana_Natalie_-_SoS_Decision_REDACTED.pdf:2018 that he was registered on the sex offender’s register. She stated that her ./OFFICIAL_SENSITIVE_Ochana_Natalie_-_SoS_Decision_REDACTED.pdf-relationship with Individual A had been very casual, and that she had not invited him to ./OFFICIAL_SENSITIVE_Ochana_Natalie_-_SoS_Decision_REDACTED.pdf-move in with her, he had turned up with his bags. She stated that she had not told the ./OFFICIAL_SENSITIVE_Ochana_Natalie_-_SoS_Decision_REDACTED.pdf-school about her relationship with Individual A as she was concerned about her own ./OFFICIAL_SENSITIVE_Ochana_Natalie_-_SoS_Decision_REDACTED.pdf-health at the time, and that she had realised she “wanted to get rid of [Individual A]” and ./OFFICIAL_SENSITIVE_Ochana_Natalie_-_SoS_Decision_REDACTED.pdf-“did not want a serious relationship with him”. She admitted that a [REDACTED], who ./OFFICIAL_SENSITIVE_Ochana_Natalie_-_SoS_Decision_REDACTED.pdf-had contacted her after Individual A had declared his change in address, had advised her ./OFFICIAL_SENSITIVE_Ochana_Natalie_-_SoS_Decision_REDACTED.pdf-to tell her employer about the situation and report back. She stated that Individual A had ./OFFICIAL_SENSITIVE_Ochana_Natalie_-_SoS_Decision_REDACTED.pdf-moved out of her property on 14 April 2019 and that they had not been together since ./OFFICIAL_SENSITIVE_Ochana_Natalie_-_SoS_Decision_REDACTED.pdf-Individual A’s [REDACTED]. ./OFFICIAL_SENSITIVE_Ochana_Natalie_-_SoS_Decision_REDACTED.pdf- -- ./OFFICIAL_SENSITIVE_Ochana_Natalie_-_SoS_Decision_REDACTED.pdf-Ms Ochana stated at interview that she realised that the executive headteacher would ./OFFICIAL_SENSITIVE_Ochana_Natalie_-_SoS_Decision_REDACTED.pdf-have been concerned had he known of her situation, but her “head was just not in the ./OFFICIAL_SENSITIVE_Ochana_Natalie_-_SoS_Decision_REDACTED.pdf-right place. [She] had other things on [her] mind. [Her] health was a worry, [She] was not ./OFFICIAL_SENSITIVE_Ochana_Natalie_-_SoS_Decision_REDACTED.pdf-sure [she] was in a relationship as it was so casual and [she] did not think [she] needed ./OFFICIAL_SENSITIVE_Ochana_Natalie_-_SoS_Decision_REDACTED.pdf-to say anything to work”. ./OFFICIAL_SENSITIVE_Ochana_Natalie_-_SoS_Decision_REDACTED.pdf- ./OFFICIAL_SENSITIVE_Ochana_Natalie_-_SoS_Decision_REDACTED.pdf-The panel has seen confirmation from the National Probation Service that Individual A ./OFFICIAL_SENSITIVE_Ochana_Natalie_-_SoS_Decision_REDACTED.pdf:was convicted of a sexual offence on 3 February 2017. ./OFFICIAL_SENSITIVE_Ochana_Natalie_-_SoS_Decision_REDACTED.pdf- ./OFFICIAL_SENSITIVE_Ochana_Natalie_-_SoS_Decision_REDACTED.pdf-Within the statement of agreed facts, Ms Ochana has agreed that she began a ./OFFICIAL_SENSITIVE_Ochana_Natalie_-_SoS_Decision_REDACTED.pdf:relationship with Individual A in January 2018, and that he is a registered sex offender, ./OFFICIAL_SENSITIVE_Ochana_Natalie_-_SoS_Decision_REDACTED.pdf-having been convicted on 3 February 2017. Ms Ochana accepts that Individual A ./OFFICIAL_SENSITIVE_Ochana_Natalie_-_SoS_Decision_REDACTED.pdf-disclosed the fact of his conviction to her at the beginning of their relationship in January ./OFFICIAL_SENSITIVE_Ochana_Natalie_-_SoS_Decision_REDACTED.pdf-2018, which he was required to do pursuant to the terms of his registration and/or orders ./OFFICIAL_SENSITIVE_Ochana_Natalie_-_SoS_Decision_REDACTED.pdf-imposed by the Court. Ms Ochana accepts that she did not disclose to the Unit the fact ./OFFICIAL_SENSITIVE_Ochana_Natalie_-_SoS_Decision_REDACTED.pdf-that she was in a relationship with Individual A and that the Unit only became aware of ./OFFICIAL_SENSITIVE_Ochana_Natalie_-_SoS_Decision_REDACTED.pdf-her relationship having been informed by external agencies in or around December 2018. ./OFFICIAL_SENSITIVE_Ochana_Natalie_-_SoS_Decision_REDACTED.pdf- ./OFFICIAL_SENSITIVE_Ochana_Natalie_-_SoS_Decision_REDACTED.pdf-Ms Ochana accepts that in or around October 2018, she and Individual A began living ./OFFICIAL_SENSITIVE_Ochana_Natalie_-_SoS_Decision_REDACTED.pdf-together and that she did not disclose this to the Unit. She acknowledges that the Unit ./OFFICIAL_SENSITIVE_Ochana_Natalie_-_SoS_Decision_REDACTED.pdf-became aware of this as a result of information provided by external agencies in or -- ./OFFICIAL_SENSITIVE_Ochana_Natalie_-_SoS_Decision_REDACTED.pdf-In the statement of agreed facts, it is accepted that on or around 25 October 2018, ./OFFICIAL_SENSITIVE_Ochana_Natalie_-_SoS_Decision_REDACTED.pdf-Individual A made probation services aware that he was in a relationship with Ms Ochana ./OFFICIAL_SENSITIVE_Ochana_Natalie_-_SoS_Decision_REDACTED.pdf-and was living with her. Ms Ochana accepts that on two occasions on or around 7 ./OFFICIAL_SENSITIVE_Ochana_Natalie_-_SoS_Decision_REDACTED.pdf-November 2018 and 28 November 2018, she met with [REDACTED]. Ms Ochana has ./OFFICIAL_SENSITIVE_Ochana_Natalie_-_SoS_Decision_REDACTED.pdf-accepted that she made the following false assertions during those meetings: ./OFFICIAL_SENSITIVE_Ochana_Natalie_-_SoS_Decision_REDACTED.pdf- ./OFFICIAL_SENSITIVE_Ochana_Natalie_-_SoS_Decision_REDACTED.pdf- • that she was fully engaged [REDACTED]; ./OFFICIAL_SENSITIVE_Ochana_Natalie_-_SoS_Decision_REDACTED.pdf- • that she had attended a private consultation in Manchester in relation to ./OFFICIAL_SENSITIVE_Ochana_Natalie_-_SoS_Decision_REDACTED.pdf- [REDACTED]; ./OFFICIAL_SENSITIVE_Ochana_Natalie_-_SoS_Decision_REDACTED.pdf- • that she had informed the Unit about her relationship with Individual A and the fact ./OFFICIAL_SENSITIVE_Ochana_Natalie_-_SoS_Decision_REDACTED.pdf: that he was a registered sex offender; ./OFFICIAL_SENSITIVE_Ochana_Natalie_-_SoS_Decision_REDACTED.pdf- • that [REDACTED] on or around 21 July 2018 and subsequently taken a ./OFFICIAL_SENSITIVE_Ochana_Natalie_-_SoS_Decision_REDACTED.pdf- [REDACTED] at the end of August which was [REDACTED]. ./OFFICIAL_SENSITIVE_Ochana_Natalie_-_SoS_Decision_REDACTED.pdf- The panel therefore found it proven that Ms Ochana had provided false or misleading ./OFFICIAL_SENSITIVE_Ochana_Natalie_-_SoS_Decision_REDACTED.pdf- statements to Individual B regarding the circumstances of [REDACTED] and the ./OFFICIAL_SENSITIVE_Ochana_Natalie_-_SoS_Decision_REDACTED.pdf: Unit’s knowledge of Individual A’s conviction as a sex offender. ./OFFICIAL_SENSITIVE_Ochana_Natalie_-_SoS_Decision_REDACTED.pdf- ./OFFICIAL_SENSITIVE_Ochana_Natalie_-_SoS_Decision_REDACTED.pdf- ./OFFICIAL_SENSITIVE_Ochana_Natalie_-_SoS_Decision_REDACTED.pdf- ./OFFICIAL_SENSITIVE_Ochana_Natalie_-_SoS_Decision_REDACTED.pdf- 9 ./OFFICIAL_SENSITIVE_Ochana_Natalie_-_SoS_Decision_REDACTED.pdf- -- ./OFFICIAL_SENSITIVE_Ochana_Natalie_-_SoS_Decision_REDACTED.pdf-The Advice indicates that there are behaviours that, if proved, would militate against the ./OFFICIAL_SENSITIVE_Ochana_Natalie_-_SoS_Decision_REDACTED.pdf-recommendation of a review period. One of these behaviours includes serious ./OFFICIAL_SENSITIVE_Ochana_Natalie_-_SoS_Decision_REDACTED.pdf-dishonesty. The panel did not consider Ms Ochana’s actions to constitute serious ./OFFICIAL_SENSITIVE_Ochana_Natalie_-_SoS_Decision_REDACTED.pdf-dishonesty in the possible scale of dishonesty and in the absence of any apparent ./OFFICIAL_SENSITIVE_Ochana_Natalie_-_SoS_Decision_REDACTED.pdf-personal gain to Ms Ochana. However, it is apparent that it was continued over a ./OFFICIAL_SENSITIVE_Ochana_Natalie_-_SoS_Decision_REDACTED.pdf-sustained period. ./OFFICIAL_SENSITIVE_Ochana_Natalie_-_SoS_Decision_REDACTED.pdf- ./OFFICIAL_SENSITIVE_Ochana_Natalie_-_SoS_Decision_REDACTED.pdf-Ms Ochana has accepted the facts of the allegations and has apparently brought the ./OFFICIAL_SENSITIVE_Ochana_Natalie_-_SoS_Decision_REDACTED.pdf-relationship with Individual A to an end. Ms Ochana attended the interview for the Unit’s ./OFFICIAL_SENSITIVE_Ochana_Natalie_-_SoS_Decision_REDACTED.pdf-disciplinary investigation and accepted that she had failed to disclose Individual A’s ./OFFICIAL_SENSITIVE_Ochana_Natalie_-_SoS_Decision_REDACTED.pdf:status as a registered sex offender. She also accepted that this had the potential to bring ./OFFICIAL_SENSITIVE_Ochana_Natalie_-_SoS_Decision_REDACTED.pdf-the reputation of the Federation into disrepute, that this brought into question her ./OFFICIAL_SENSITIVE_Ochana_Natalie_-_SoS_Decision_REDACTED.pdf-standards of honesty and integrity and that it amounted to a breach of the Federation’s ./OFFICIAL_SENSITIVE_Ochana_Natalie_-_SoS_Decision_REDACTED.pdf-safeguarding policy. Ms Ochana did not, however, attend the Unit’s subsequent ./OFFICIAL_SENSITIVE_Ochana_Natalie_-_SoS_Decision_REDACTED.pdf-disciplinary hearing, having been given ample opportunity to attend. She has not ./OFFICIAL_SENSITIVE_Ochana_Natalie_-_SoS_Decision_REDACTED.pdf-demonstrated her understanding as to the impact of her actions on pupils. ./OFFICIAL_SENSITIVE_Ochana_Natalie_-_SoS_Decision_REDACTED.pdf- ./OFFICIAL_SENSITIVE_Ochana_Natalie_-_SoS_Decision_REDACTED.pdf-The panel decided that the findings indicated a situation in which a review period would ./OFFICIAL_SENSITIVE_Ochana_Natalie_-_SoS_Decision_REDACTED.pdf-be appropriate and, as such, decided that it would be proportionate in all the ./OFFICIAL_SENSITIVE_Ochana_Natalie_-_SoS_Decision_REDACTED.pdf-circumstances for the prohibition order to be recommended with provision for a review ./OFFICIAL_SENSITIVE_Ochana_Natalie_-_SoS_Decision_REDACTED.pdf-period after two years. Ms Ochana had a good history prior to this conduct, the -- ./OFFICIAL_SENSITIVE_Ochana_Natalie_-_SoS_Decision_REDACTED.pdf- ./OFFICIAL_SENSITIVE_Ochana_Natalie_-_SoS_Decision_REDACTED.pdf-  Teachers must have an understanding of, and always act within, the statutory ./OFFICIAL_SENSITIVE_Ochana_Natalie_-_SoS_Decision_REDACTED.pdf- frameworks which set out their professional duties and responsibilities. ./OFFICIAL_SENSITIVE_Ochana_Natalie_-_SoS_Decision_REDACTED.pdf- ./OFFICIAL_SENSITIVE_Ochana_Natalie_-_SoS_Decision_REDACTED.pdf-The panel finds that the conduct of Ms Ochana fell significantly short of the standards ./OFFICIAL_SENSITIVE_Ochana_Natalie_-_SoS_Decision_REDACTED.pdf-expected of the profession. ./OFFICIAL_SENSITIVE_Ochana_Natalie_-_SoS_Decision_REDACTED.pdf- ./OFFICIAL_SENSITIVE_Ochana_Natalie_-_SoS_Decision_REDACTED.pdf-The findings of misconduct are particularly serious as they include a finding of sustained ./OFFICIAL_SENSITIVE_Ochana_Natalie_-_SoS_Decision_REDACTED.pdf-dishonesty and lack of integrity, knowingly withholding and/or providing false and ./OFFICIAL_SENSITIVE_Ochana_Natalie_-_SoS_Decision_REDACTED.pdf-misleading information and not informing the Federation of her relationship with a ./OFFICIAL_SENSITIVE_Ochana_Natalie_-_SoS_Decision_REDACTED.pdf:convicted sex offender. ./OFFICIAL_SENSITIVE_Ochana_Natalie_-_SoS_Decision_REDACTED.pdf- ./OFFICIAL_SENSITIVE_Ochana_Natalie_-_SoS_Decision_REDACTED.pdf-I have to determine whether the imposition of a prohibition order is proportionate and in ./OFFICIAL_SENSITIVE_Ochana_Natalie_-_SoS_Decision_REDACTED.pdf-the public interest. In considering that for this case, I have considered the overall aim of a ./OFFICIAL_SENSITIVE_Ochana_Natalie_-_SoS_Decision_REDACTED.pdf-prohibition order which is to protect pupils and to maintain public confidence in the ./OFFICIAL_SENSITIVE_Ochana_Natalie_-_SoS_Decision_REDACTED.pdf-profession. I have considered the extent to which a prohibition order in this case would ./OFFICIAL_SENSITIVE_Ochana_Natalie_-_SoS_Decision_REDACTED.pdf-achieve that aim taking into account the impact that it will have on the individual teacher. ./OFFICIAL_SENSITIVE_Ochana_Natalie_-_SoS_Decision_REDACTED.pdf-I have also asked myself, whether a less intrusive measure, such as the published ./OFFICIAL_SENSITIVE_Ochana_Natalie_-_SoS_Decision_REDACTED.pdf-finding of unacceptable professional conduct and conduct that may bring the profession ./OFFICIAL_SENSITIVE_Ochana_Natalie_-_SoS_Decision_REDACTED.pdf-into disrepute, would itself be sufficient to achieve the overall aim. I have to consider ./OFFICIAL_SENSITIVE_Ochana_Natalie_-_SoS_Decision_REDACTED.pdf-whether the consequences of such a publication are themselves sufficient. I have -- ./OFFICIAL_SENSITIVE_Ochana_Natalie_-_SoS_Decision_REDACTED.pdf-designated safeguarding lead and special educational needs co-ordinator was to the ./OFFICIAL_SENSITIVE_Ochana_Natalie_-_SoS_Decision_REDACTED.pdf-detriment of the pupils” and that “Failing to disclose her relationship with Individual A to ./OFFICIAL_SENSITIVE_Ochana_Natalie_-_SoS_Decision_REDACTED.pdf-the Unit prevented the Unit from taking measures in mitigation to ensure that there were ./OFFICIAL_SENSITIVE_Ochana_Natalie_-_SoS_Decision_REDACTED.pdf-no safeguarding issues for pupils as a result of that relationship”. A prohibition order ./OFFICIAL_SENSITIVE_Ochana_Natalie_-_SoS_Decision_REDACTED.pdf-would therefore prevent such a risk from being present in the future. ./OFFICIAL_SENSITIVE_Ochana_Natalie_-_SoS_Decision_REDACTED.pdf- ./OFFICIAL_SENSITIVE_Ochana_Natalie_-_SoS_Decision_REDACTED.pdf-I have also taken into account the panel’s comments on insight and remorse, which the ./OFFICIAL_SENSITIVE_Ochana_Natalie_-_SoS_Decision_REDACTED.pdf-panel sets out as follows, “Ms Ochana has accepted the facts of the allegations and has ./OFFICIAL_SENSITIVE_Ochana_Natalie_-_SoS_Decision_REDACTED.pdf-apparently brought the relationship with Individual A to an end. Ms Ochana attended the ./OFFICIAL_SENSITIVE_Ochana_Natalie_-_SoS_Decision_REDACTED.pdf-interview for the Unit’s disciplinary investigation and accepted that she had failed to ./OFFICIAL_SENSITIVE_Ochana_Natalie_-_SoS_Decision_REDACTED.pdf:disclose Individual A’s status as a registered sex offender. She also accepted that this ./OFFICIAL_SENSITIVE_Ochana_Natalie_-_SoS_Decision_REDACTED.pdf-had the potential to bring the reputation of the Federation into disrepute, that this brought ./OFFICIAL_SENSITIVE_Ochana_Natalie_-_SoS_Decision_REDACTED.pdf-into question her standards of honesty and integrity and that it amounted to a breach of ./OFFICIAL_SENSITIVE_Ochana_Natalie_-_SoS_Decision_REDACTED.pdf-the Federation’s safeguarding policy. Ms Ochana did not, however, attend the Unit’s ./OFFICIAL_SENSITIVE_Ochana_Natalie_-_SoS_Decision_REDACTED.pdf-subsequent disciplinary hearing, having been given ample opportunity to attend. She has ./OFFICIAL_SENSITIVE_Ochana_Natalie_-_SoS_Decision_REDACTED.pdf-not demonstrated her understanding as to the impact of her actions on pupils”. ./OFFICIAL_SENSITIVE_Ochana_Natalie_-_SoS_Decision_REDACTED.pdf- ./OFFICIAL_SENSITIVE_Ochana_Natalie_-_SoS_Decision_REDACTED.pdf-I have also noted the following comments “There was no evidence to suggest that Ms ./OFFICIAL_SENSITIVE_Ochana_Natalie_-_SoS_Decision_REDACTED.pdf-Ochana was acting under duress, and, in fact, the panel found Ms Ochana’s actions to ./OFFICIAL_SENSITIVE_Ochana_Natalie_-_SoS_Decision_REDACTED.pdf-be calculated and motivated. Ms Ochana stated at the school’s disciplinary hearing that ./OFFICIAL_SENSITIVE_Ochana_Natalie_-_SoS_Decision_REDACTED.pdf-her health was paramount in her mind at the time, but the panel has seen no -- ./OFFICIAL_SENSITIVE_Ochana_Natalie_-_SoS_Decision_REDACTED.pdf-actions”. In my judgement, the lack of insight means that there is some risk of the ./OFFICIAL_SENSITIVE_Ochana_Natalie_-_SoS_Decision_REDACTED.pdf-repetition of this behaviour. I have therefore given this element considerable weight in ./OFFICIAL_SENSITIVE_Ochana_Natalie_-_SoS_Decision_REDACTED.pdf-reaching my decision. ./OFFICIAL_SENSITIVE_Ochana_Natalie_-_SoS_Decision_REDACTED.pdf- ./OFFICIAL_SENSITIVE_Ochana_Natalie_-_SoS_Decision_REDACTED.pdf-I have gone on to consider the extent to which a prohibition order would maintain public ./OFFICIAL_SENSITIVE_Ochana_Natalie_-_SoS_Decision_REDACTED.pdf-confidence in the profession. The panel observe, “In the light of the panel’s findings ./OFFICIAL_SENSITIVE_Ochana_Natalie_-_SoS_Decision_REDACTED.pdf-against Ms Ochana which involved dishonesty in her dealings with the Unit and ./OFFICIAL_SENSITIVE_Ochana_Natalie_-_SoS_Decision_REDACTED.pdf-[REDACTED], there was a strong public interest consideration in respect of the protection ./OFFICIAL_SENSITIVE_Ochana_Natalie_-_SoS_Decision_REDACTED.pdf-of pupils given that Ms Ochana’s actions deprived the Unit of taking mitigating measures ./OFFICIAL_SENSITIVE_Ochana_Natalie_-_SoS_Decision_REDACTED.pdf-to protect pupils and to plan for [REDACTED]. I am particularly mindful of the finding of ./OFFICIAL_SENSITIVE_Ochana_Natalie_-_SoS_Decision_REDACTED.pdf:failure to disclose a relationship with a convicted sex offender in this case and the impact ./OFFICIAL_SENSITIVE_Ochana_Natalie_-_SoS_Decision_REDACTED.pdf-that such a finding has on the reputation of the profession. ./OFFICIAL_SENSITIVE_Ochana_Natalie_-_SoS_Decision_REDACTED.pdf- ./OFFICIAL_SENSITIVE_Ochana_Natalie_-_SoS_Decision_REDACTED.pdf-I have had to consider that the public has a high expectation of professional standards of ./OFFICIAL_SENSITIVE_Ochana_Natalie_-_SoS_Decision_REDACTED.pdf-all teachers and that the public might regard a failure to impose a prohibition order as a ./OFFICIAL_SENSITIVE_Ochana_Natalie_-_SoS_Decision_REDACTED.pdf-failure to uphold those high standards. In weighing these considerations, I have had to ./OFFICIAL_SENSITIVE_Ochana_Natalie_-_SoS_Decision_REDACTED.pdf-consider the matter from the point of view of an “ordinary intelligent and well-informed ./OFFICIAL_SENSITIVE_Ochana_Natalie_-_SoS_Decision_REDACTED.pdf-citizen.” ./OFFICIAL_SENSITIVE_Ochana_Natalie_-_SoS_Decision_REDACTED.pdf- ./OFFICIAL_SENSITIVE_Ochana_Natalie_-_SoS_Decision_REDACTED.pdf- ./OFFICIAL_SENSITIVE_Ochana_Natalie_-_SoS_Decision_REDACTED.pdf- ./OFFICIAL_SENSITIVE_Radford_Spencer_SOS_Web_Decision_REDACTED2.pdf- 1. He failed to maintain appropriate professional boundaries with one or more pupils ./OFFICIAL_SENSITIVE_Radford_Spencer_SOS_Web_Decision_REDACTED2.pdf- between and/or around 1999 and 2001, including by; ./OFFICIAL_SENSITIVE_Radford_Spencer_SOS_Web_Decision_REDACTED2.pdf- a. sharing his personal mobile number with Pupil A and/or exchanging one or ./OFFICIAL_SENSITIVE_Radford_Spencer_SOS_Web_Decision_REDACTED2.pdf- more text messages with Pupil A; ./OFFICIAL_SENSITIVE_Radford_Spencer_SOS_Web_Decision_REDACTED2.pdf- b. commenting to Pupil B that he was in love with Pupil A; ./OFFICIAL_SENSITIVE_Radford_Spencer_SOS_Web_Decision_REDACTED2.pdf- c. giving lifts to Pupils A and/or Pupil B; ./OFFICIAL_SENSITIVE_Radford_Spencer_SOS_Web_Decision_REDACTED2.pdf- d. going to Buxton in Derbyshire with Pupil A; ./OFFICIAL_SENSITIVE_Radford_Spencer_SOS_Web_Decision_REDACTED2.pdf- e. entering and/or staying in Pupil A’s house with Pupil A and/or Pupil B; ./OFFICIAL_SENSITIVE_Radford_Spencer_SOS_Web_Decision_REDACTED2.pdf- f. allowing Pupil A into his home accommodation; ./OFFICIAL_SENSITIVE_Radford_Spencer_SOS_Web_Decision_REDACTED2.pdf- g. staying overnight with Pupil A at his home accommodation; ./OFFICIAL_SENSITIVE_Radford_Spencer_SOS_Web_Decision_REDACTED2.pdf: h. kissing Pupil A and/or engaging in sexual activity with Pupil A. ./OFFICIAL_SENSITIVE_Radford_Spencer_SOS_Web_Decision_REDACTED2.pdf- ./OFFICIAL_SENSITIVE_Radford_Spencer_SOS_Web_Decision_REDACTED2.pdf- ./OFFICIAL_SENSITIVE_Radford_Spencer_SOS_Web_Decision_REDACTED2.pdf: 2. His behaviour as may be found proven at 1 above included conduct of a sexual ./OFFICIAL_SENSITIVE_Radford_Spencer_SOS_Web_Decision_REDACTED2.pdf: nature and/or sexually motivated conduct. ./OFFICIAL_SENSITIVE_Radford_Spencer_SOS_Web_Decision_REDACTED2.pdf- ./OFFICIAL_SENSITIVE_Radford_Spencer_SOS_Web_Decision_REDACTED2.pdf- ./OFFICIAL_SENSITIVE_Radford_Spencer_SOS_Web_Decision_REDACTED2.pdf-The teacher admitted the facts of allegations 1.a., 1.c. and 1.e. but did not admit that ./OFFICIAL_SENSITIVE_Radford_Spencer_SOS_Web_Decision_REDACTED2.pdf-these facts amounted to unacceptable professional conduct and/or conduct that may ./OFFICIAL_SENSITIVE_Radford_Spencer_SOS_Web_Decision_REDACTED2.pdf-bring the profession into disrepute. The teacher also did not accept that these facts ./OFFICIAL_SENSITIVE_Radford_Spencer_SOS_Web_Decision_REDACTED2.pdf-constituted a failure to maintain appropriate professional boundaries. ./OFFICIAL_SENSITIVE_Radford_Spencer_SOS_Web_Decision_REDACTED2.pdf- ./OFFICIAL_SENSITIVE_Radford_Spencer_SOS_Web_Decision_REDACTED2.pdf-The teacher denied allegations 1.b., 1.d., 1.f., 1.g., 1.h. and 2 in their entirety. ./OFFICIAL_SENSITIVE_Radford_Spencer_SOS_Web_Decision_REDACTED2.pdf- ./OFFICIAL_SENSITIVE_Radford_Spencer_SOS_Web_Decision_REDACTED2.pdf- -- ./OFFICIAL_SENSITIVE_Radford_Spencer_SOS_Web_Decision_REDACTED2.pdf-stayed over at Mr Radford’s house. They told the panel that they both felt uncomfortable ./OFFICIAL_SENSITIVE_Radford_Spencer_SOS_Web_Decision_REDACTED2.pdf-about it and consequently they did not discuss the details of the visits with Pupil A. The ./OFFICIAL_SENSITIVE_Radford_Spencer_SOS_Web_Decision_REDACTED2.pdf-panel noted this contemporaneous hearsay evidence from Pupils B and G. ./OFFICIAL_SENSITIVE_Radford_Spencer_SOS_Web_Decision_REDACTED2.pdf- ./OFFICIAL_SENSITIVE_Radford_Spencer_SOS_Web_Decision_REDACTED2.pdf-Pupil A told the panel she and Mr Radford would spend time at his house, as this was the ./OFFICIAL_SENSITIVE_Radford_Spencer_SOS_Web_Decision_REDACTED2.pdf-only place they could spend time together. Pupil A said that Mr Radford would pick her ./OFFICIAL_SENSITIVE_Radford_Spencer_SOS_Web_Decision_REDACTED2.pdf-up and take her to his house. ./OFFICIAL_SENSITIVE_Radford_Spencer_SOS_Web_Decision_REDACTED2.pdf- ./OFFICIAL_SENSITIVE_Radford_Spencer_SOS_Web_Decision_REDACTED2.pdf-Pupil A in her written evidence said that when she was at Mr Radford’s house she spent ./OFFICIAL_SENSITIVE_Radford_Spencer_SOS_Web_Decision_REDACTED2.pdf-time snuggled on the sofa with him watching films. As the relationship progressed Pupil A ./OFFICIAL_SENSITIVE_Radford_Spencer_SOS_Web_Decision_REDACTED2.pdf:said that they progressed to kissing and engaging in oral sex where they started on the ./OFFICIAL_SENSITIVE_Radford_Spencer_SOS_Web_Decision_REDACTED2.pdf-sofa and then went into the bedroom. ./OFFICIAL_SENSITIVE_Radford_Spencer_SOS_Web_Decision_REDACTED2.pdf- ./OFFICIAL_SENSITIVE_Radford_Spencer_SOS_Web_Decision_REDACTED2.pdf- ./OFFICIAL_SENSITIVE_Radford_Spencer_SOS_Web_Decision_REDACTED2.pdf- ./OFFICIAL_SENSITIVE_Radford_Spencer_SOS_Web_Decision_REDACTED2.pdf- 14 ./OFFICIAL_SENSITIVE_Radford_Spencer_SOS_Web_Decision_REDACTED2.pdf- -- ./OFFICIAL_SENSITIVE_Radford_Spencer_SOS_Web_Decision_REDACTED2.pdf-present. If the [redacted] was present, she said that she would “obviously not go around” ./OFFICIAL_SENSITIVE_Radford_Spencer_SOS_Web_Decision_REDACTED2.pdf-to Mr Radford’s house. ./OFFICIAL_SENSITIVE_Radford_Spencer_SOS_Web_Decision_REDACTED2.pdf- ./OFFICIAL_SENSITIVE_Radford_Spencer_SOS_Web_Decision_REDACTED2.pdf-Mr Radford denied that Pupil A had visited his house. He denied that Pupil A had spent ./OFFICIAL_SENSITIVE_Radford_Spencer_SOS_Web_Decision_REDACTED2.pdf-time at his house or stayed overnight as described by Pupil A. ./OFFICIAL_SENSITIVE_Radford_Spencer_SOS_Web_Decision_REDACTED2.pdf- ./OFFICIAL_SENSITIVE_Radford_Spencer_SOS_Web_Decision_REDACTED2.pdf-The panel found the evidence of Pupil A compelling and the corroborative evidence from ./OFFICIAL_SENSITIVE_Radford_Spencer_SOS_Web_Decision_REDACTED2.pdf-Pupils B and G convincing. Consequently, the panel found allegations 1.f. and ./OFFICIAL_SENSITIVE_Radford_Spencer_SOS_Web_Decision_REDACTED2.pdf-1.g.proven. ./OFFICIAL_SENSITIVE_Radford_Spencer_SOS_Web_Decision_REDACTED2.pdf- ./OFFICIAL_SENSITIVE_Radford_Spencer_SOS_Web_Decision_REDACTED2.pdf: h. kissing Pupil A and/or engaging in sexual activity with Pupil A. ./OFFICIAL_SENSITIVE_Radford_Spencer_SOS_Web_Decision_REDACTED2.pdf- ./OFFICIAL_SENSITIVE_Radford_Spencer_SOS_Web_Decision_REDACTED2.pdf-Pupil A told the panel that it “took a long time, like any normal relationship would, the only ./OFFICIAL_SENSITIVE_Radford_Spencer_SOS_Web_Decision_REDACTED2.pdf-thing not normal was the teacher and pupil part and the age gap, everything else was ./OFFICIAL_SENSITIVE_Radford_Spencer_SOS_Web_Decision_REDACTED2.pdf-normal everything progressed really slowly – I was young it was all firsts it probably took ./OFFICIAL_SENSITIVE_Radford_Spencer_SOS_Web_Decision_REDACTED2.pdf-a long time.” Pupil A said the relationship started slowly at first following [redacted]. Pupil ./OFFICIAL_SENSITIVE_Radford_Spencer_SOS_Web_Decision_REDACTED2.pdf-A told the panel that it took a long time for the relationship to get to the point that it did. At ./OFFICIAL_SENSITIVE_Radford_Spencer_SOS_Web_Decision_REDACTED2.pdf-the start it was a lot of texting and talking on the phone. ./OFFICIAL_SENSITIVE_Radford_Spencer_SOS_Web_Decision_REDACTED2.pdf- ./OFFICIAL_SENSITIVE_Radford_Spencer_SOS_Web_Decision_REDACTED2.pdf-Pupil A said that they progressed to kissing and that Mr Radford did not rush her. Pupil A ./OFFICIAL_SENSITIVE_Radford_Spencer_SOS_Web_Decision_REDACTED2.pdf-told the panel that they would “just take opportunities to see each other, there was no ./OFFICIAL_SENSITIVE_Radford_Spencer_SOS_Web_Decision_REDACTED2.pdf-structured frequency, but we would speak on the phone most nights and text a lot and ./OFFICIAL_SENSITIVE_Radford_Spencer_SOS_Web_Decision_REDACTED2.pdf-see each other once a fortnight when the opportunity was there.” ./OFFICIAL_SENSITIVE_Radford_Spencer_SOS_Web_Decision_REDACTED2.pdf- ./OFFICIAL_SENSITIVE_Radford_Spencer_SOS_Web_Decision_REDACTED2.pdf-Pupil A’s written evidence was that the relationship naturally progressed to kissing and ./OFFICIAL_SENSITIVE_Radford_Spencer_SOS_Web_Decision_REDACTED2.pdf-engaging in foreplay. Pupil A stated that Mr Radford touched her everywhere, including ./OFFICIAL_SENSITIVE_Radford_Spencer_SOS_Web_Decision_REDACTED2.pdf-her breasts and vagina. She also touched Mr Radford. Pupil A told the panel that they ./OFFICIAL_SENSITIVE_Radford_Spencer_SOS_Web_Decision_REDACTED2.pdf:went as far as oral sex but did not have penetrative sex. ./OFFICIAL_SENSITIVE_Radford_Spencer_SOS_Web_Decision_REDACTED2.pdf- ./OFFICIAL_SENSITIVE_Radford_Spencer_SOS_Web_Decision_REDACTED2.pdf:Pupil A expanded on the account in her written statement in relation to the sexual activity ./OFFICIAL_SENSITIVE_Radford_Spencer_SOS_Web_Decision_REDACTED2.pdf-she engaged in with Mr Radford. Pupil A stated that this happened at Mr Radford’s ./OFFICIAL_SENSITIVE_Radford_Spencer_SOS_Web_Decision_REDACTED2.pdf:house. It was her first experience of sexual activity. Pupil A said that they did discuss ./OFFICIAL_SENSITIVE_Radford_Spencer_SOS_Web_Decision_REDACTED2.pdf:having penetrative sex but Mr Radford said that there was no rush and to wait until she ./OFFICIAL_SENSITIVE_Radford_Spencer_SOS_Web_Decision_REDACTED2.pdf-was 16 years old. Pupil A told the panel that Mr Radford “was a rule following person, I ./OFFICIAL_SENSITIVE_Radford_Spencer_SOS_Web_Decision_REDACTED2.pdf-know that doesn’t sound like that now but he was.” ./OFFICIAL_SENSITIVE_Radford_Spencer_SOS_Web_Decision_REDACTED2.pdf- ./OFFICIAL_SENSITIVE_Radford_Spencer_SOS_Web_Decision_REDACTED2.pdf-Pupil A in her evidence said she and Mr Radford thought that when she left school “they ./OFFICIAL_SENSITIVE_Radford_Spencer_SOS_Web_Decision_REDACTED2.pdf-would be a couple.” Pupil A said it was her first relationship and that she thought it would ./OFFICIAL_SENSITIVE_Radford_Spencer_SOS_Web_Decision_REDACTED2.pdf-progress after she left school. Pupil A could not recall any arguments with the teacher ./OFFICIAL_SENSITIVE_Radford_Spencer_SOS_Web_Decision_REDACTED2.pdf-and said to the panel that the relationship was fine, nothing bad happened “other than the ./OFFICIAL_SENSITIVE_Radford_Spencer_SOS_Web_Decision_REDACTED2.pdf-stress of the secret.” Pupil A explained to the panel that the relationship fizzled out before ./OFFICIAL_SENSITIVE_Radford_Spencer_SOS_Web_Decision_REDACTED2.pdf-she turned 16 after she met someone else. Pupil A said that Mr Radford “was a bit upset, ./OFFICIAL_SENSITIVE_Radford_Spencer_SOS_Web_Decision_REDACTED2.pdf-it was like any break-up, the same feel to it.” Pupil A said that she stayed in touch with Mr -- ./OFFICIAL_SENSITIVE_Radford_Spencer_SOS_Web_Decision_REDACTED2.pdf-Pupil B said that Pupil A had described that Mr Radford’s penis was the size of an ./OFFICIAL_SENSITIVE_Radford_Spencer_SOS_Web_Decision_REDACTED2.pdf-[redacted]. She stated that she remembered this as at the time this was shocking to her. ./OFFICIAL_SENSITIVE_Radford_Spencer_SOS_Web_Decision_REDACTED2.pdf-She had not ever heard a penis being referred to in that way. She continued that “it was ./OFFICIAL_SENSITIVE_Radford_Spencer_SOS_Web_Decision_REDACTED2.pdf-not a term I would use and I did not want to know this information it was shocking to me.” ./OFFICIAL_SENSITIVE_Radford_Spencer_SOS_Web_Decision_REDACTED2.pdf-Pupil A could not recall this conversation. She said that she “had no comparison, she ./OFFICIAL_SENSITIVE_Radford_Spencer_SOS_Web_Decision_REDACTED2.pdf-was the only person I really spoke to about stuff, it was all firsts for me.” But she added ./OFFICIAL_SENSITIVE_Radford_Spencer_SOS_Web_Decision_REDACTED2.pdf-that she did not remember using this term with her. ./OFFICIAL_SENSITIVE_Radford_Spencer_SOS_Web_Decision_REDACTED2.pdf- ./OFFICIAL_SENSITIVE_Radford_Spencer_SOS_Web_Decision_REDACTED2.pdf-Pupil G in her account believed that Pupil A had lost her virginity to Mr Radford. ./OFFICIAL_SENSITIVE_Radford_Spencer_SOS_Web_Decision_REDACTED2.pdf-However, Pupil A in her verbal evidence made it clear that she did not have penetrative ./OFFICIAL_SENSITIVE_Radford_Spencer_SOS_Web_Decision_REDACTED2.pdf:sex with Mr Radford. ./OFFICIAL_SENSITIVE_Radford_Spencer_SOS_Web_Decision_REDACTED2.pdf- ./OFFICIAL_SENSITIVE_Radford_Spencer_SOS_Web_Decision_REDACTED2.pdf-Mr Radford denied these allegations in their entirety. ./OFFICIAL_SENSITIVE_Radford_Spencer_SOS_Web_Decision_REDACTED2.pdf- ./OFFICIAL_SENSITIVE_Radford_Spencer_SOS_Web_Decision_REDACTED2.pdf-Pupil A was challenged that this was a schoolgirl fantasy and that as an adult she felt that ./OFFICIAL_SENSITIVE_Radford_Spencer_SOS_Web_Decision_REDACTED2.pdf-she had to continue with it after allegations were made in 2018. Pupil A responded: “I ./OFFICIAL_SENSITIVE_Radford_Spencer_SOS_Web_Decision_REDACTED2.pdf-actually feel quite embarrassed now with the fact that it happened, I would rather it have ./OFFICIAL_SENSITIVE_Radford_Spencer_SOS_Web_Decision_REDACTED2.pdf-not happened, and it not be anything and not be here where we are. But we are where ./OFFICIAL_SENSITIVE_Radford_Spencer_SOS_Web_Decision_REDACTED2.pdf-we are – it happened ‘my bad’ - need to face the consequences.” Pupil A continued that ./OFFICIAL_SENSITIVE_Radford_Spencer_SOS_Web_Decision_REDACTED2.pdf-“I would have left it where it was … I have [redacted], the last thing I want is this coming ./OFFICIAL_SENSITIVE_Radford_Spencer_SOS_Web_Decision_REDACTED2.pdf-out, this is not what I needed, I have zero to gain from this, it was wrong it happened and -- ./OFFICIAL_SENSITIVE_Radford_Spencer_SOS_Web_Decision_REDACTED2.pdf-falsely accuse Mr Radford it would have been in Pupil A’s best interests, as she ./OFFICIAL_SENSITIVE_Radford_Spencer_SOS_Web_Decision_REDACTED2.pdf-perceived them, for her never to have had to revisit this matter. It was only by means of a ./OFFICIAL_SENSITIVE_Radford_Spencer_SOS_Web_Decision_REDACTED2.pdf-witness summons that she came to be before the panel. ./OFFICIAL_SENSITIVE_Radford_Spencer_SOS_Web_Decision_REDACTED2.pdf- ./OFFICIAL_SENSITIVE_Radford_Spencer_SOS_Web_Decision_REDACTED2.pdf-The panel assessed the weight and reliability of the evidence, and on the balance of ./OFFICIAL_SENSITIVE_Radford_Spencer_SOS_Web_Decision_REDACTED2.pdf-probabilities, it believed that the conduct set out in the allegation was more likely than not ./OFFICIAL_SENSITIVE_Radford_Spencer_SOS_Web_Decision_REDACTED2.pdf-to have taken place. The panel found the allegation 1.h. proven and that in such conduct ./OFFICIAL_SENSITIVE_Radford_Spencer_SOS_Web_Decision_REDACTED2.pdf-Mr Radford failed to maintain professional boundaries. ./OFFICIAL_SENSITIVE_Radford_Spencer_SOS_Web_Decision_REDACTED2.pdf- ./OFFICIAL_SENSITIVE_Radford_Spencer_SOS_Web_Decision_REDACTED2.pdf- 2. Your behaviour as may be found proven at 1 above included conduct of a ./OFFICIAL_SENSITIVE_Radford_Spencer_SOS_Web_Decision_REDACTED2.pdf: sexual nature and/or sexually motivated conduct. ./OFFICIAL_SENSITIVE_Radford_Spencer_SOS_Web_Decision_REDACTED2.pdf- ./OFFICIAL_SENSITIVE_Radford_Spencer_SOS_Web_Decision_REDACTED2.pdf- ./OFFICIAL_SENSITIVE_Radford_Spencer_SOS_Web_Decision_REDACTED2.pdf- 16 ./OFFICIAL_SENSITIVE_Radford_Spencer_SOS_Web_Decision_REDACTED2.pdf- -- ./OFFICIAL_SENSITIVE_Radford_Spencer_SOS_Web_Decision_REDACTED2.pdf-The panel found allegations 1.a. to 1.h. proven for the findings and determinations ./OFFICIAL_SENSITIVE_Radford_Spencer_SOS_Web_Decision_REDACTED2.pdf-outlined above. ./OFFICIAL_SENSITIVE_Radford_Spencer_SOS_Web_Decision_REDACTED2.pdf- ./OFFICIAL_SENSITIVE_Radford_Spencer_SOS_Web_Decision_REDACTED2.pdf-The panel found Pupil A’s account credible. Pupil A described that they kissed and ./OFFICIAL_SENSITIVE_Radford_Spencer_SOS_Web_Decision_REDACTED2.pdf:engaged in foreplay. A reasonable person would consider that to be contact of a sexual ./OFFICIAL_SENSITIVE_Radford_Spencer_SOS_Web_Decision_REDACTED2.pdf:nature, because it is by its nature, sexual. ./OFFICIAL_SENSITIVE_Radford_Spencer_SOS_Web_Decision_REDACTED2.pdf- ./OFFICIAL_SENSITIVE_Radford_Spencer_SOS_Web_Decision_REDACTED2.pdf-The panel considered the account by Mr Radford and the evidence from Witness D as to ./OFFICIAL_SENSITIVE_Radford_Spencer_SOS_Web_Decision_REDACTED2.pdf-his good character. Witness D, who had known Mr Radford for over 7 years spoke highly ./OFFICIAL_SENSITIVE_Radford_Spencer_SOS_Web_Decision_REDACTED2.pdf-of him and advised the panel that he is a close friend of the family. Witness D told the ./OFFICIAL_SENSITIVE_Radford_Spencer_SOS_Web_Decision_REDACTED2.pdf-panel that he had given her children lifts, waited at the house on his own with them, given ./OFFICIAL_SENSITIVE_Radford_Spencer_SOS_Web_Decision_REDACTED2.pdf-[redacted] and [redacted] with Witness D’s daughter. These lessons took place at both ./OFFICIAL_SENSITIVE_Radford_Spencer_SOS_Web_Decision_REDACTED2.pdf-her house and his house. Witness D said that Mr Radford “has the highest morals and ./OFFICIAL_SENSITIVE_Radford_Spencer_SOS_Web_Decision_REDACTED2.pdf-integrity of any man I know. He is a stickler for the rules. I can’t advocate him enough and ./OFFICIAL_SENSITIVE_Radford_Spencer_SOS_Web_Decision_REDACTED2.pdf-he wouldn’t be a trusted family friend if I thought for a moment, he had done anything ./OFFICIAL_SENSITIVE_Radford_Spencer_SOS_Web_Decision_REDACTED2.pdf-immoral or improper.” -- ./OFFICIAL_SENSITIVE_Radford_Spencer_SOS_Web_Decision_REDACTED2.pdf-accepted the compelling account of Pupil A supported by contemporaneous hearsay of ./OFFICIAL_SENSITIVE_Radford_Spencer_SOS_Web_Decision_REDACTED2.pdf-Pupils B and G. The panel noted that the Pupils had not continued to be friends after ./OFFICIAL_SENSITIVE_Radford_Spencer_SOS_Web_Decision_REDACTED2.pdf-leaving school and had not remained in contact in their adult lives. ./OFFICIAL_SENSITIVE_Radford_Spencer_SOS_Web_Decision_REDACTED2.pdf- ./OFFICIAL_SENSITIVE_Radford_Spencer_SOS_Web_Decision_REDACTED2.pdf-The panel has considered the evidence it has heard and also the nature of the serious ./OFFICIAL_SENSITIVE_Radford_Spencer_SOS_Web_Decision_REDACTED2.pdf-allegations. The panel has considered the teacher’s character with reference to his ./OFFICIAL_SENSITIVE_Radford_Spencer_SOS_Web_Decision_REDACTED2.pdf-credibility and his propensity to have carried out the allegations. The panel also took into ./OFFICIAL_SENSITIVE_Radford_Spencer_SOS_Web_Decision_REDACTED2.pdf-account the passage of time and how this may impact on the evidence before it and also ./OFFICIAL_SENSITIVE_Radford_Spencer_SOS_Web_Decision_REDACTED2.pdf-the accounts of the witnesses during the hearing. The panel accepted the compelling ./OFFICIAL_SENSITIVE_Radford_Spencer_SOS_Web_Decision_REDACTED2.pdf-account of Pupil A that the relationship had progressed and that she and Mr Radford had ./OFFICIAL_SENSITIVE_Radford_Spencer_SOS_Web_Decision_REDACTED2.pdf:engaged in sexual activity, albeit not sexual intercourse itself. The sexual nature of the ./OFFICIAL_SENSITIVE_Radford_Spencer_SOS_Web_Decision_REDACTED2.pdf-relationship was supported by contemporaneous hearsay of Pupils B and G, albeit it was ./OFFICIAL_SENSITIVE_Radford_Spencer_SOS_Web_Decision_REDACTED2.pdf-apparent to the panel that Pupils B and G had a different recollection as to what Pupil A ./OFFICIAL_SENSITIVE_Radford_Spencer_SOS_Web_Decision_REDACTED2.pdf-had told them, or what they understood about the details of that relationship. The panel ./OFFICIAL_SENSITIVE_Radford_Spencer_SOS_Web_Decision_REDACTED2.pdf-did not consider those details to be sufficient to undermine their evidence. The panel ./OFFICIAL_SENSITIVE_Radford_Spencer_SOS_Web_Decision_REDACTED2.pdf-noted that the Pupils had not continued to be friends after leaving school and had not ./OFFICIAL_SENSITIVE_Radford_Spencer_SOS_Web_Decision_REDACTED2.pdf-remained in contact in their adult lives. ./OFFICIAL_SENSITIVE_Radford_Spencer_SOS_Web_Decision_REDACTED2.pdf- ./OFFICIAL_SENSITIVE_Radford_Spencer_SOS_Web_Decision_REDACTED2.pdf- ./OFFICIAL_SENSITIVE_Radford_Spencer_SOS_Web_Decision_REDACTED2.pdf- 17 ./OFFICIAL_SENSITIVE_Radford_Spencer_SOS_Web_Decision_REDACTED2.pdf- -- ./OFFICIAL_SENSITIVE_Radford_Spencer_SOS_Web_Decision_REDACTED2.pdf-The panel found the evidence of Pupil A compelling and found allegation 2 proven and ./OFFICIAL_SENSITIVE_Radford_Spencer_SOS_Web_Decision_REDACTED2.pdf-that Mr Radford’s conduct in the proven allegations at 1 above included conduct of a ./OFFICIAL_SENSITIVE_Radford_Spencer_SOS_Web_Decision_REDACTED2.pdf:sexual nature and/or sexually motivated conduct. ./OFFICIAL_SENSITIVE_Radford_Spencer_SOS_Web_Decision_REDACTED2.pdf- ./OFFICIAL_SENSITIVE_Radford_Spencer_SOS_Web_Decision_REDACTED2.pdf-Findings as to unacceptable professional conduct and/or conduct that ./OFFICIAL_SENSITIVE_Radford_Spencer_SOS_Web_Decision_REDACTED2.pdf-may bring the profession into disrepute ./OFFICIAL_SENSITIVE_Radford_Spencer_SOS_Web_Decision_REDACTED2.pdf- ./OFFICIAL_SENSITIVE_Radford_Spencer_SOS_Web_Decision_REDACTED2.pdf-Having found allegations 1 and 2 proved, the panel went on to consider whether the facts ./OFFICIAL_SENSITIVE_Radford_Spencer_SOS_Web_Decision_REDACTED2.pdf-of those proved allegations amounted to unacceptable professional conduct and/or ./OFFICIAL_SENSITIVE_Radford_Spencer_SOS_Web_Decision_REDACTED2.pdf-conduct that may bring the profession into disrepute. ./OFFICIAL_SENSITIVE_Radford_Spencer_SOS_Web_Decision_REDACTED2.pdf- ./OFFICIAL_SENSITIVE_Radford_Spencer_SOS_Web_Decision_REDACTED2.pdf-The panel took account of its own understanding and experience of the teaching ./OFFICIAL_SENSITIVE_Radford_Spencer_SOS_Web_Decision_REDACTED2.pdf-standards in and around [redacted], as well as the prevailing culture of that era. The ./OFFICIAL_SENSITIVE_Radford_Spencer_SOS_Web_Decision_REDACTED2.pdf-panel considered the relationship which developed between Pupil A and Mr Radford from ./OFFICIAL_SENSITIVE_Radford_Spencer_SOS_Web_Decision_REDACTED2.pdf:the [redacted] until late [redacted] and the evidence from Pupil A as to the sexual activity ./OFFICIAL_SENSITIVE_Radford_Spencer_SOS_Web_Decision_REDACTED2.pdf:that occurred during that relationship. The actions by Mr Radford engaging in sexual ./OFFICIAL_SENSITIVE_Radford_Spencer_SOS_Web_Decision_REDACTED2.pdf-activity with Pupil A would have amounted to a breach of the teaching standards at the ./OFFICIAL_SENSITIVE_Radford_Spencer_SOS_Web_Decision_REDACTED2.pdf-time. In the panel’s experience of that era, it considers that it was unacceptable for a ./OFFICIAL_SENSITIVE_Radford_Spencer_SOS_Web_Decision_REDACTED2.pdf:teacher to engage in oral sex with a pupil. The panel noted that it was illegal for an adult ./OFFICIAL_SENSITIVE_Radford_Spencer_SOS_Web_Decision_REDACTED2.pdf:to engage in oral sex with a child under the age of 16. ./OFFICIAL_SENSITIVE_Radford_Spencer_SOS_Web_Decision_REDACTED2.pdf- ./OFFICIAL_SENSITIVE_Radford_Spencer_SOS_Web_Decision_REDACTED2.pdf-The panel therefore considered that Mr Radford’s actions fell short of the standards ./OFFICIAL_SENSITIVE_Radford_Spencer_SOS_Web_Decision_REDACTED2.pdf-expected of the profession at the time, particularly that he brought the reputation and ./OFFICIAL_SENSITIVE_Radford_Spencer_SOS_Web_Decision_REDACTED2.pdf-standing of the profession into disrepute, through his failure to maintain appropriate ./OFFICIAL_SENSITIVE_Radford_Spencer_SOS_Web_Decision_REDACTED2.pdf-professional boundaries with Pupil A in or around [redacted]. ./OFFICIAL_SENSITIVE_Radford_Spencer_SOS_Web_Decision_REDACTED2.pdf- ./OFFICIAL_SENSITIVE_Radford_Spencer_SOS_Web_Decision_REDACTED2.pdf-The panel noted that particular 1.c. to 1.g. took place outside the education setting. The ./OFFICIAL_SENSITIVE_Radford_Spencer_SOS_Web_Decision_REDACTED2.pdf-panel were told by Pupil A that Mr Radford took her out for a day trip to Buxton. The ./OFFICIAL_SENSITIVE_Radford_Spencer_SOS_Web_Decision_REDACTED2.pdf-panel heard that the teacher and Pupil A acted as ‘a normal couple’ to have a walk and ./OFFICIAL_SENSITIVE_Radford_Spencer_SOS_Web_Decision_REDACTED2.pdf-had an ice cream. This led to Pupil A at the age of [redacted] potentially being exposed -- ./OFFICIAL_SENSITIVE_Radford_Spencer_SOS_Web_Decision_REDACTED2.pdf-a breach of the standards of propriety expected of the profession. The panel also ./OFFICIAL_SENSITIVE_Radford_Spencer_SOS_Web_Decision_REDACTED2.pdf-considered whether Mr Radford’s conduct displayed behaviours associated with any of ./OFFICIAL_SENSITIVE_Radford_Spencer_SOS_Web_Decision_REDACTED2.pdf-the offences listed on pages 10 and 11 of the Advice. The panel found that the offence of ./OFFICIAL_SENSITIVE_Radford_Spencer_SOS_Web_Decision_REDACTED2.pdf:sexual activity was relevant. Mr Radford engaged in sexual activity with Pupil A whilst she ./OFFICIAL_SENSITIVE_Radford_Spencer_SOS_Web_Decision_REDACTED2.pdf-was a pupil at the School and a pupil [redacted] and [redacted]. The Advice indicates ./OFFICIAL_SENSITIVE_Radford_Spencer_SOS_Web_Decision_REDACTED2.pdf-that where behaviours associated with such an offence exist, a panel is likely to conclude ./OFFICIAL_SENSITIVE_Radford_Spencer_SOS_Web_Decision_REDACTED2.pdf-that an individual’s conduct would amount to unacceptable professional conduct. ./OFFICIAL_SENSITIVE_Radford_Spencer_SOS_Web_Decision_REDACTED2.pdf-Accordingly, the panel was satisfied that Mr Radford was guilty of unacceptable ./OFFICIAL_SENSITIVE_Radford_Spencer_SOS_Web_Decision_REDACTED2.pdf-professional conduct. ./OFFICIAL_SENSITIVE_Radford_Spencer_SOS_Web_Decision_REDACTED2.pdf- ./OFFICIAL_SENSITIVE_Radford_Spencer_SOS_Web_Decision_REDACTED2.pdf-The panel took into account the way the teaching profession is viewed by others and ./OFFICIAL_SENSITIVE_Radford_Spencer_SOS_Web_Decision_REDACTED2.pdf-considered the influence that teachers may have on pupils, parents and others in the ./OFFICIAL_SENSITIVE_Radford_Spencer_SOS_Web_Decision_REDACTED2.pdf-community. The panel also took account of the uniquely influential role that teachers can ./OFFICIAL_SENSITIVE_Radford_Spencer_SOS_Web_Decision_REDACTED2.pdf-hold in pupils’ lives and the fact that pupils must be able to view teachers as role models -- ./OFFICIAL_SENSITIVE_Radford_Spencer_SOS_Web_Decision_REDACTED2.pdf-proportionate measure, and whether it would be in the public interest to do so. Prohibition ./OFFICIAL_SENSITIVE_Radford_Spencer_SOS_Web_Decision_REDACTED2.pdf-orders should not be given in order to be punitive, or to show that blame has been ./OFFICIAL_SENSITIVE_Radford_Spencer_SOS_Web_Decision_REDACTED2.pdf-apportioned, although they are likely to have punitive effect. ./OFFICIAL_SENSITIVE_Radford_Spencer_SOS_Web_Decision_REDACTED2.pdf- ./OFFICIAL_SENSITIVE_Radford_Spencer_SOS_Web_Decision_REDACTED2.pdf-The panel had regard to the particular public interest considerations set out in the Advice ./OFFICIAL_SENSITIVE_Radford_Spencer_SOS_Web_Decision_REDACTED2.pdf-and having done so, found all of them to be relevant in this case, namely the protection of ./OFFICIAL_SENSITIVE_Radford_Spencer_SOS_Web_Decision_REDACTED2.pdf-pupils; the protection of other members of the public; the maintenance of public ./OFFICIAL_SENSITIVE_Radford_Spencer_SOS_Web_Decision_REDACTED2.pdf-confidence in the profession; and declaring and upholding proper standards of conduct. ./OFFICIAL_SENSITIVE_Radford_Spencer_SOS_Web_Decision_REDACTED2.pdf- ./OFFICIAL_SENSITIVE_Radford_Spencer_SOS_Web_Decision_REDACTED2.pdf-In the light of the panel’s findings against Mr Radford which involved an inappropriate ./OFFICIAL_SENSITIVE_Radford_Spencer_SOS_Web_Decision_REDACTED2.pdf:sexual relationship with a pupil, there was a strong public interest consideration in ./OFFICIAL_SENSITIVE_Radford_Spencer_SOS_Web_Decision_REDACTED2.pdf-respect of the protection of pupils. ./OFFICIAL_SENSITIVE_Radford_Spencer_SOS_Web_Decision_REDACTED2.pdf- ./OFFICIAL_SENSITIVE_Radford_Spencer_SOS_Web_Decision_REDACTED2.pdf-Similarly, the panel considered that public confidence in the profession could be seriously ./OFFICIAL_SENSITIVE_Radford_Spencer_SOS_Web_Decision_REDACTED2.pdf-weakened if Mr Radford’s conduct was not treated with the utmost seriousness when ./OFFICIAL_SENSITIVE_Radford_Spencer_SOS_Web_Decision_REDACTED2.pdf-regulating the conduct of the profession. ./OFFICIAL_SENSITIVE_Radford_Spencer_SOS_Web_Decision_REDACTED2.pdf- ./OFFICIAL_SENSITIVE_Radford_Spencer_SOS_Web_Decision_REDACTED2.pdf- ./OFFICIAL_SENSITIVE_Radford_Spencer_SOS_Web_Decision_REDACTED2.pdf- ./OFFICIAL_SENSITIVE_Radford_Spencer_SOS_Web_Decision_REDACTED2.pdf- ./OFFICIAL_SENSITIVE_Radford_Spencer_SOS_Web_Decision_REDACTED2.pdf- 19 -- ./OFFICIAL_SENSITIVE_Radford_Spencer_SOS_Web_Decision_REDACTED2.pdf-Radford. The panel took further account of the Advice, which suggests that a prohibition ./OFFICIAL_SENSITIVE_Radford_Spencer_SOS_Web_Decision_REDACTED2.pdf-order may be appropriate if certain behaviours of a teacher have been proved. In the list ./OFFICIAL_SENSITIVE_Radford_Spencer_SOS_Web_Decision_REDACTED2.pdf-of such behaviours, those that were relevant in this case were: ./OFFICIAL_SENSITIVE_Radford_Spencer_SOS_Web_Decision_REDACTED2.pdf- ./OFFICIAL_SENSITIVE_Radford_Spencer_SOS_Web_Decision_REDACTED2.pdf- • serious departure from the personal and professional conduct elements of the ./OFFICIAL_SENSITIVE_Radford_Spencer_SOS_Web_Decision_REDACTED2.pdf- Teachers’ Standards; ./OFFICIAL_SENSITIVE_Radford_Spencer_SOS_Web_Decision_REDACTED2.pdf- • misconduct seriously affecting the education and/or well-being of pupils, and ./OFFICIAL_SENSITIVE_Radford_Spencer_SOS_Web_Decision_REDACTED2.pdf- particularly where there is a continuing risk; ./OFFICIAL_SENSITIVE_Radford_Spencer_SOS_Web_Decision_REDACTED2.pdf- • abuse of position or trust (particularly involving vulnerable pupils) or violation of the ./OFFICIAL_SENSITIVE_Radford_Spencer_SOS_Web_Decision_REDACTED2.pdf- rights of pupils; and ./OFFICIAL_SENSITIVE_Radford_Spencer_SOS_Web_Decision_REDACTED2.pdf: • sexual misconduct, for example, involving actions that were sexually motivated or ./OFFICIAL_SENSITIVE_Radford_Spencer_SOS_Web_Decision_REDACTED2.pdf: of a sexual nature and/or that use or exploit the trust, knowledge or influence ./OFFICIAL_SENSITIVE_Radford_Spencer_SOS_Web_Decision_REDACTED2.pdf- derived from the individual’s professional position. ./OFFICIAL_SENSITIVE_Radford_Spencer_SOS_Web_Decision_REDACTED2.pdf-The panel considered all of these factors relevant in this case. ./OFFICIAL_SENSITIVE_Radford_Spencer_SOS_Web_Decision_REDACTED2.pdf- ./OFFICIAL_SENSITIVE_Radford_Spencer_SOS_Web_Decision_REDACTED2.pdf-In particular the panel took note that it was not an isolated incident. It was a prolonged ./OFFICIAL_SENSITIVE_Radford_Spencer_SOS_Web_Decision_REDACTED2.pdf:period of sexual misconduct with a child [redacted]. Mr Radford’s also sought to engage ./OFFICIAL_SENSITIVE_Radford_Spencer_SOS_Web_Decision_REDACTED2.pdf-a second child in colluding to keep the misconduct secret. Another unpleasant feature of ./OFFICIAL_SENSITIVE_Radford_Spencer_SOS_Web_Decision_REDACTED2.pdf-this case was the abuse of the trust of the [redacted] who had [redacted] the teacher. ./OFFICIAL_SENSITIVE_Radford_Spencer_SOS_Web_Decision_REDACTED2.pdf:Furthermore, the sexual misconduct only came to an end at the instigation of Pupil A. ./OFFICIAL_SENSITIVE_Radford_Spencer_SOS_Web_Decision_REDACTED2.pdf- ./OFFICIAL_SENSITIVE_Radford_Spencer_SOS_Web_Decision_REDACTED2.pdf-Notwithstanding that some of the behaviours found proved in this case indicated that a ./OFFICIAL_SENSITIVE_Radford_Spencer_SOS_Web_Decision_REDACTED2.pdf-prohibition order would be appropriate, the panel went on to consider the mitigating ./OFFICIAL_SENSITIVE_Radford_Spencer_SOS_Web_Decision_REDACTED2.pdf-factors. Mitigating factors may indicate that a prohibition order would not be appropriate ./OFFICIAL_SENSITIVE_Radford_Spencer_SOS_Web_Decision_REDACTED2.pdf-or proportionate. ./OFFICIAL_SENSITIVE_Radford_Spencer_SOS_Web_Decision_REDACTED2.pdf- ./OFFICIAL_SENSITIVE_Radford_Spencer_SOS_Web_Decision_REDACTED2.pdf:The panel has found that Mr Radford’s actions were deliberate, calculated and sexually ./OFFICIAL_SENSITIVE_Radford_Spencer_SOS_Web_Decision_REDACTED2.pdf-motivated. The panel found that there was no evidence to suggest that Mr Radford was ./OFFICIAL_SENSITIVE_Radford_Spencer_SOS_Web_Decision_REDACTED2.pdf-acting under duress. ./OFFICIAL_SENSITIVE_Radford_Spencer_SOS_Web_Decision_REDACTED2.pdf- ./OFFICIAL_SENSITIVE_Radford_Spencer_SOS_Web_Decision_REDACTED2.pdf- 20 ./OFFICIAL_SENSITIVE_Radford_Spencer_SOS_Web_Decision_REDACTED2.pdf- -- ./OFFICIAL_SENSITIVE_Radford_Spencer_SOS_Web_Decision_REDACTED2.pdf-The panel were told that Mr Radford had a previous good history of 23 years of ./OFFICIAL_SENSITIVE_Radford_Spencer_SOS_Web_Decision_REDACTED2.pdf-teaching. The panel accepted that this included the 17 year period which followed the ./OFFICIAL_SENSITIVE_Radford_Spencer_SOS_Web_Decision_REDACTED2.pdf:sexual misconduct. Throughout his career he achieved consistently good, often ./OFFICIAL_SENSITIVE_Radford_Spencer_SOS_Web_Decision_REDACTED2.pdf-excellent, academic results. He received positive feedback from pupils and achieved a ./OFFICIAL_SENSITIVE_Radford_Spencer_SOS_Web_Decision_REDACTED2.pdf-series of promotions. The panel heard from Witness D as to Mr Radford’s good ./OFFICIAL_SENSITIVE_Radford_Spencer_SOS_Web_Decision_REDACTED2.pdf-character and attestations to his abilities as a teacher and the panel was referred to ./OFFICIAL_SENSITIVE_Radford_Spencer_SOS_Web_Decision_REDACTED2.pdf-these in mitigation. ./OFFICIAL_SENSITIVE_Radford_Spencer_SOS_Web_Decision_REDACTED2.pdf- ./OFFICIAL_SENSITIVE_Radford_Spencer_SOS_Web_Decision_REDACTED2.pdf-The panel had sight of a considerable number of character references, thank you cards ./OFFICIAL_SENSITIVE_Radford_Spencer_SOS_Web_Decision_REDACTED2.pdf-and parents’ feedback on behalf of the teacher. The panel noted that these various ./OFFICIAL_SENSITIVE_Radford_Spencer_SOS_Web_Decision_REDACTED2.pdf-documents were dated from 2008 to 2020. ./OFFICIAL_SENSITIVE_Radford_Spencer_SOS_Web_Decision_REDACTED2.pdf- ./OFFICIAL_SENSITIVE_Radford_Spencer_SOS_Web_Decision_REDACTED2.pdf-In a character reference of a friend and former pupil’s parent she said Mr Radford’s -- ./OFFICIAL_SENSITIVE_Radford_Spencer_SOS_Web_Decision_REDACTED2.pdf-The panel concluded that a recommendation for prohibition was both proportionate and ./OFFICIAL_SENSITIVE_Radford_Spencer_SOS_Web_Decision_REDACTED2.pdf-appropriate. The panel decided that the public interest considerations alongside the ./OFFICIAL_SENSITIVE_Radford_Spencer_SOS_Web_Decision_REDACTED2.pdf-serious nature of this misconduct outweighed the interests of Mr Radford, despite the ./OFFICIAL_SENSITIVE_Radford_Spencer_SOS_Web_Decision_REDACTED2.pdf:character references considered by the panel. The nature of the sexual misconduct and ./OFFICIAL_SENSITIVE_Radford_Spencer_SOS_Web_Decision_REDACTED2.pdf-the length of the relationship with a [redacted] pupil was deemed significant factors in ./OFFICIAL_SENSITIVE_Radford_Spencer_SOS_Web_Decision_REDACTED2.pdf-forming that opinion. Accordingly, the panel made a recommendation to the Secretary of ./OFFICIAL_SENSITIVE_Radford_Spencer_SOS_Web_Decision_REDACTED2.pdf-State that a prohibition order should be imposed with immediate effect. ./OFFICIAL_SENSITIVE_Radford_Spencer_SOS_Web_Decision_REDACTED2.pdf- ./OFFICIAL_SENSITIVE_Radford_Spencer_SOS_Web_Decision_REDACTED2.pdf-The panel went on to consider whether or not it would be appropriate for it to decide to ./OFFICIAL_SENSITIVE_Radford_Spencer_SOS_Web_Decision_REDACTED2.pdf-recommend a review period of the order. The panel was mindful that the Advice states ./OFFICIAL_SENSITIVE_Radford_Spencer_SOS_Web_Decision_REDACTED2.pdf-that a prohibition order applies for life, but there may be circumstances, in any given ./OFFICIAL_SENSITIVE_Radford_Spencer_SOS_Web_Decision_REDACTED2.pdf-case, that may make it appropriate to allow a teacher to apply to have the prohibition ./OFFICIAL_SENSITIVE_Radford_Spencer_SOS_Web_Decision_REDACTED2.pdf-order reviewed after a specified period of time that may not be less than 2 years. ./OFFICIAL_SENSITIVE_Radford_Spencer_SOS_Web_Decision_REDACTED2.pdf- ./OFFICIAL_SENSITIVE_Radford_Spencer_SOS_Web_Decision_REDACTED2.pdf-The Advice indicates that there are behaviours that, if proved, would militate against the ./OFFICIAL_SENSITIVE_Radford_Spencer_SOS_Web_Decision_REDACTED2.pdf:recommendation of a review period. One of these behaviours includes serious sexual ./OFFICIAL_SENSITIVE_Radford_Spencer_SOS_Web_Decision_REDACTED2.pdf:misconduct, such as where the act was sexually motivated and resulted in, or had the ./OFFICIAL_SENSITIVE_Radford_Spencer_SOS_Web_Decision_REDACTED2.pdf-potential to result in, harm to a person or persons, particularly where the individual has ./OFFICIAL_SENSITIVE_Radford_Spencer_SOS_Web_Decision_REDACTED2.pdf-used his professional position to influence or exploit a person or persons. The panel ./OFFICIAL_SENSITIVE_Radford_Spencer_SOS_Web_Decision_REDACTED2.pdf:found that Mr Radford was responsible for prolonged serious sexual misconduct with ./OFFICIAL_SENSITIVE_Radford_Spencer_SOS_Web_Decision_REDACTED2.pdf-Pupil A. ./OFFICIAL_SENSITIVE_Radford_Spencer_SOS_Web_Decision_REDACTED2.pdf- ./OFFICIAL_SENSITIVE_Radford_Spencer_SOS_Web_Decision_REDACTED2.pdf-The panel considered the information provided by the teacher’s representative that the ./OFFICIAL_SENSITIVE_Radford_Spencer_SOS_Web_Decision_REDACTED2.pdf-teacher continues to deny and dispute the factual findings. Therefore, the panel was ./OFFICIAL_SENSITIVE_Radford_Spencer_SOS_Web_Decision_REDACTED2.pdf-unable to give any credit for remorse or insight. ./OFFICIAL_SENSITIVE_Radford_Spencer_SOS_Web_Decision_REDACTED2.pdf- ./OFFICIAL_SENSITIVE_Radford_Spencer_SOS_Web_Decision_REDACTED2.pdf-Furthermore, Mr Radford by his own admission has lost faith and is now disillusioned ./OFFICIAL_SENSITIVE_Radford_Spencer_SOS_Web_Decision_REDACTED2.pdf-from a profession which he had been part of for over 25 years. He said, irrespective of ./OFFICIAL_SENSITIVE_Radford_Spencer_SOS_Web_Decision_REDACTED2.pdf-the panel’s finding of fact, he had no intention of returning to teaching. ./OFFICIAL_SENSITIVE_Radford_Spencer_SOS_Web_Decision_REDACTED2.pdf- -- ./OFFICIAL_SENSITIVE_Radford_Spencer_SOS_Web_Decision_REDACTED2.pdf-In particular, the panel has found that Mr Radford is in breach of the standards expected ./OFFICIAL_SENSITIVE_Radford_Spencer_SOS_Web_Decision_REDACTED2.pdf-of the profession at the time. I have noted the following comments “The panel took ./OFFICIAL_SENSITIVE_Radford_Spencer_SOS_Web_Decision_REDACTED2.pdf-account of its own understanding and experience of the teaching standards in and ./OFFICIAL_SENSITIVE_Radford_Spencer_SOS_Web_Decision_REDACTED2.pdf-around [redacted]” and “The panel took further account of the Advice, which suggests ./OFFICIAL_SENSITIVE_Radford_Spencer_SOS_Web_Decision_REDACTED2.pdf-that a prohibition order may be appropriate if certain behaviours of a teacher have been ./OFFICIAL_SENSITIVE_Radford_Spencer_SOS_Web_Decision_REDACTED2.pdf-proved. In the list of such behaviours, those that were relevant in this case were: serious ./OFFICIAL_SENSITIVE_Radford_Spencer_SOS_Web_Decision_REDACTED2.pdf-departure from the personal and professional conduct elements of the Teachers’ ./OFFICIAL_SENSITIVE_Radford_Spencer_SOS_Web_Decision_REDACTED2.pdf-Standards”. ./OFFICIAL_SENSITIVE_Radford_Spencer_SOS_Web_Decision_REDACTED2.pdf- ./OFFICIAL_SENSITIVE_Radford_Spencer_SOS_Web_Decision_REDACTED2.pdf-The findings of misconduct are particularly serious as they include a finding of prolonged ./OFFICIAL_SENSITIVE_Radford_Spencer_SOS_Web_Decision_REDACTED2.pdf:serious sexual misconduct with a Pupil, events that are said to have taken place a long ./OFFICIAL_SENSITIVE_Radford_Spencer_SOS_Web_Decision_REDACTED2.pdf-time ago. ./OFFICIAL_SENSITIVE_Radford_Spencer_SOS_Web_Decision_REDACTED2.pdf- ./OFFICIAL_SENSITIVE_Radford_Spencer_SOS_Web_Decision_REDACTED2.pdf-I have to determine whether the imposition of a prohibition order is proportionate and in ./OFFICIAL_SENSITIVE_Radford_Spencer_SOS_Web_Decision_REDACTED2.pdf-the public interest. In considering that for this case, I have considered the overall aim of a ./OFFICIAL_SENSITIVE_Radford_Spencer_SOS_Web_Decision_REDACTED2.pdf-prohibition order which is to protect pupils and to maintain public confidence in the ./OFFICIAL_SENSITIVE_Radford_Spencer_SOS_Web_Decision_REDACTED2.pdf-profession. I have considered the extent to which a prohibition order in this case would ./OFFICIAL_SENSITIVE_Radford_Spencer_SOS_Web_Decision_REDACTED2.pdf-achieve that aim taking into account the impact that it will have on the individual teacher. ./OFFICIAL_SENSITIVE_Radford_Spencer_SOS_Web_Decision_REDACTED2.pdf-I have also asked myself, whether a less intrusive measure, such as the published ./OFFICIAL_SENSITIVE_Radford_Spencer_SOS_Web_Decision_REDACTED2.pdf-finding of unacceptable professional conduct and conduct that may bring the profession ./OFFICIAL_SENSITIVE_Radford_Spencer_SOS_Web_Decision_REDACTED2.pdf-into disrepute, would itself be sufficient to achieve the overall aim. I have to consider ./OFFICIAL_SENSITIVE_Radford_Spencer_SOS_Web_Decision_REDACTED2.pdf-whether the consequences of such a publication are themselves sufficient. I have ./OFFICIAL_SENSITIVE_Radford_Spencer_SOS_Web_Decision_REDACTED2.pdf-considered therefore whether or not prohibiting Mr Radford, and the impact that will have ./OFFICIAL_SENSITIVE_Radford_Spencer_SOS_Web_Decision_REDACTED2.pdf-on him, is proportionate and in the public interest. ./OFFICIAL_SENSITIVE_Radford_Spencer_SOS_Web_Decision_REDACTED2.pdf- ./OFFICIAL_SENSITIVE_Radford_Spencer_SOS_Web_Decision_REDACTED2.pdf-In this case, I have considered the extent to which a prohibition order would protect ./OFFICIAL_SENSITIVE_Radford_Spencer_SOS_Web_Decision_REDACTED2.pdf-children. The panel has observed, “In the light of the panel’s findings against Mr Radford ./OFFICIAL_SENSITIVE_Radford_Spencer_SOS_Web_Decision_REDACTED2.pdf:which involved an inappropriate sexual relationship with a pupil, there was a strong public ./OFFICIAL_SENSITIVE_Radford_Spencer_SOS_Web_Decision_REDACTED2.pdf-interest consideration in respect of the protection of pupils”. A prohibition order would ./OFFICIAL_SENSITIVE_Radford_Spencer_SOS_Web_Decision_REDACTED2.pdf-therefore prevent such a risk from being present in the future. ./OFFICIAL_SENSITIVE_Radford_Spencer_SOS_Web_Decision_REDACTED2.pdf- ./OFFICIAL_SENSITIVE_Radford_Spencer_SOS_Web_Decision_REDACTED2.pdf-I have also taken into account the panel’s comments on insight and remorse, which the ./OFFICIAL_SENSITIVE_Radford_Spencer_SOS_Web_Decision_REDACTED2.pdf-panel sets out as follows, “The panel considered the information provided by the ./OFFICIAL_SENSITIVE_Radford_Spencer_SOS_Web_Decision_REDACTED2.pdf-teacher’s representative that the teacher continues to deny and dispute the factual ./OFFICIAL_SENSITIVE_Radford_Spencer_SOS_Web_Decision_REDACTED2.pdf-findings. Therefore, the panel was unable to give any credit for remorse or insight”. In my ./OFFICIAL_SENSITIVE_Radford_Spencer_SOS_Web_Decision_REDACTED2.pdf- ./OFFICIAL_SENSITIVE_Radford_Spencer_SOS_Web_Decision_REDACTED2.pdf- ./OFFICIAL_SENSITIVE_Radford_Spencer_SOS_Web_Decision_REDACTED2.pdf- 23 -- ./OFFICIAL_SENSITIVE_Radford_Spencer_SOS_Web_Decision_REDACTED2.pdf-judgement, the lack of insight means that there is some risk of the repetition of this ./OFFICIAL_SENSITIVE_Radford_Spencer_SOS_Web_Decision_REDACTED2.pdf-behaviour, and this puts pupils at risk. I have therefore given this element considerable ./OFFICIAL_SENSITIVE_Radford_Spencer_SOS_Web_Decision_REDACTED2.pdf-weight in reaching my decision. ./OFFICIAL_SENSITIVE_Radford_Spencer_SOS_Web_Decision_REDACTED2.pdf- ./OFFICIAL_SENSITIVE_Radford_Spencer_SOS_Web_Decision_REDACTED2.pdf-I have gone on to consider the extent to which a prohibition order would maintain public ./OFFICIAL_SENSITIVE_Radford_Spencer_SOS_Web_Decision_REDACTED2.pdf-confidence in the profession. The panel observe, “The panel concluded that a strong ./OFFICIAL_SENSITIVE_Radford_Spencer_SOS_Web_Decision_REDACTED2.pdf-public interest consideration in declaring proper standards of conduct in the profession ./OFFICIAL_SENSITIVE_Radford_Spencer_SOS_Web_Decision_REDACTED2.pdf-was also present as Mr Radford’s conduct was completely outside that which could be ./OFFICIAL_SENSITIVE_Radford_Spencer_SOS_Web_Decision_REDACTED2.pdf:tolerated”. I am particularly mindful of the finding of serious sexual misconduct, although ./OFFICIAL_SENSITIVE_Radford_Spencer_SOS_Web_Decision_REDACTED2.pdf-historic, in this case and the impact that such a finding has on the reputation of the ./OFFICIAL_SENSITIVE_Radford_Spencer_SOS_Web_Decision_REDACTED2.pdf-profession. ./OFFICIAL_SENSITIVE_Radford_Spencer_SOS_Web_Decision_REDACTED2.pdf- ./OFFICIAL_SENSITIVE_Radford_Spencer_SOS_Web_Decision_REDACTED2.pdf-I have had to consider that the public has a high expectation of professional standards of ./OFFICIAL_SENSITIVE_Radford_Spencer_SOS_Web_Decision_REDACTED2.pdf-all teachers and that the public might regard a failure to impose a prohibition order as a ./OFFICIAL_SENSITIVE_Radford_Spencer_SOS_Web_Decision_REDACTED2.pdf-failure to uphold those high standards. In weighing these considerations, I have had to ./OFFICIAL_SENSITIVE_Radford_Spencer_SOS_Web_Decision_REDACTED2.pdf-consider the matter from the point of view of an “ordinary intelligent and well-informed ./OFFICIAL_SENSITIVE_Radford_Spencer_SOS_Web_Decision_REDACTED2.pdf-citizen.” ./OFFICIAL_SENSITIVE_Radford_Spencer_SOS_Web_Decision_REDACTED2.pdf- ./OFFICIAL_SENSITIVE_Radford_Spencer_SOS_Web_Decision_REDACTED2.pdf-I have considered whether the publication of a finding of unacceptable professional ./OFFICIAL_SENSITIVE_Radford_Spencer_SOS_Web_Decision_REDACTED2.pdf-conduct, in the absence of a prohibition order, can itself be regarded by such a person as ./OFFICIAL_SENSITIVE_Radford_Spencer_SOS_Web_Decision_REDACTED2.pdf-being a proportionate response to the misconduct that has been found proven in this ./OFFICIAL_SENSITIVE_Radford_Spencer_SOS_Web_Decision_REDACTED2.pdf-case. ./OFFICIAL_SENSITIVE_Radford_Spencer_SOS_Web_Decision_REDACTED2.pdf- ./OFFICIAL_SENSITIVE_Radford_Spencer_SOS_Web_Decision_REDACTED2.pdf-I have also considered the impact of a prohibition order on Mr Radford himself, I have ./OFFICIAL_SENSITIVE_Radford_Spencer_SOS_Web_Decision_REDACTED2.pdf-noted the panel’s comment “The panel were told that Mr Radford had a previous good ./OFFICIAL_SENSITIVE_Radford_Spencer_SOS_Web_Decision_REDACTED2.pdf-history of 23 years of teaching. The panel accepted that this included the 17 year period ./OFFICIAL_SENSITIVE_Radford_Spencer_SOS_Web_Decision_REDACTED2.pdf:which followed the sexual misconduct. Throughout his career he achieved consistently ./OFFICIAL_SENSITIVE_Radford_Spencer_SOS_Web_Decision_REDACTED2.pdf-good, often excellent, academic results. He received positive feedback from pupils and ./OFFICIAL_SENSITIVE_Radford_Spencer_SOS_Web_Decision_REDACTED2.pdf-achieved a series of promotions. The panel heard from Witness D as to Mr Radford’s ./OFFICIAL_SENSITIVE_Radford_Spencer_SOS_Web_Decision_REDACTED2.pdf-good character and attestations to his abilities as a teacher and the panel was referred ./OFFICIAL_SENSITIVE_Radford_Spencer_SOS_Web_Decision_REDACTED2.pdf-to these in mitigation”. ./OFFICIAL_SENSITIVE_Radford_Spencer_SOS_Web_Decision_REDACTED2.pdf- ./OFFICIAL_SENSITIVE_Radford_Spencer_SOS_Web_Decision_REDACTED2.pdf-A prohibition order would prevent Mr Radford from teaching. A prohibition order would ./OFFICIAL_SENSITIVE_Radford_Spencer_SOS_Web_Decision_REDACTED2.pdf-also clearly deprive the public of his contribution to the profession for the period that it is ./OFFICIAL_SENSITIVE_Radford_Spencer_SOS_Web_Decision_REDACTED2.pdf-in force. ./OFFICIAL_SENSITIVE_Radford_Spencer_SOS_Web_Decision_REDACTED2.pdf- ./OFFICIAL_SENSITIVE_Radford_Spencer_SOS_Web_Decision_REDACTED2.pdf-In this case, I have placed considerable weight on the panel’s comments concerning the ./OFFICIAL_SENSITIVE_Radford_Spencer_SOS_Web_Decision_REDACTED2.pdf:sexual misconduct found proven. The panel has said, “In particular the panel took note ./OFFICIAL_SENSITIVE_Radford_Spencer_SOS_Web_Decision_REDACTED2.pdf:that it was not an isolated incident. It was a prolonged period of sexual misconduct with a ./OFFICIAL_SENSITIVE_Radford_Spencer_SOS_Web_Decision_REDACTED2.pdf-child [redacted]. Mr Radford also sought to engage a second child in colluding to keep ./OFFICIAL_SENSITIVE_Radford_Spencer_SOS_Web_Decision_REDACTED2.pdf-the misconduct secret. Another unpleasant feature of this case was the abuse of the ./OFFICIAL_SENSITIVE_Radford_Spencer_SOS_Web_Decision_REDACTED2.pdf:trust of the [redacted] who had [redacted] the teacher. Furthermore, the sexual ./OFFICIAL_SENSITIVE_Radford_Spencer_SOS_Web_Decision_REDACTED2.pdf-misconduct only came to an end at the instigation of Pupil A”. ./OFFICIAL_SENSITIVE_Radford_Spencer_SOS_Web_Decision_REDACTED2.pdf- ./OFFICIAL_SENSITIVE_Radford_Spencer_SOS_Web_Decision_REDACTED2.pdf-I have given less weight in my consideration of sanction therefore, to the contribution ./OFFICIAL_SENSITIVE_Radford_Spencer_SOS_Web_Decision_REDACTED2.pdf-that Mr Radford has made to the profession. In my view, it is necessary to impose a ./OFFICIAL_SENSITIVE_Radford_Spencer_SOS_Web_Decision_REDACTED2.pdf- 24 ./OFFICIAL_SENSITIVE_Radford_Spencer_SOS_Web_Decision_REDACTED2.pdf- -- ./OFFICIAL_SENSITIVE_Radford_Spencer_SOS_Web_Decision_REDACTED2.pdf-public interest requirement concerning public confidence in the profession. ./OFFICIAL_SENSITIVE_Radford_Spencer_SOS_Web_Decision_REDACTED2.pdf- ./OFFICIAL_SENSITIVE_Radford_Spencer_SOS_Web_Decision_REDACTED2.pdf-For these reasons, I have concluded that a prohibition order is proportionate and in the ./OFFICIAL_SENSITIVE_Radford_Spencer_SOS_Web_Decision_REDACTED2.pdf-public interest in order to achieve the intended aims of a prohibition order. ./OFFICIAL_SENSITIVE_Radford_Spencer_SOS_Web_Decision_REDACTED2.pdf- ./OFFICIAL_SENSITIVE_Radford_Spencer_SOS_Web_Decision_REDACTED2.pdf-I have gone on to consider the matter of a review period. In this case, the panel has ./OFFICIAL_SENSITIVE_Radford_Spencer_SOS_Web_Decision_REDACTED2.pdf-recommended that no provision should be made for a review period. ./OFFICIAL_SENSITIVE_Radford_Spencer_SOS_Web_Decision_REDACTED2.pdf- ./OFFICIAL_SENSITIVE_Radford_Spencer_SOS_Web_Decision_REDACTED2.pdf-I have considered the panel’s comments “The Advice indicates that there are behaviours ./OFFICIAL_SENSITIVE_Radford_Spencer_SOS_Web_Decision_REDACTED2.pdf-that, if proved, would militate against the recommendation of a review period. One of ./OFFICIAL_SENSITIVE_Radford_Spencer_SOS_Web_Decision_REDACTED2.pdf:these behaviours includes serious sexual misconduct, such as where the act was ./OFFICIAL_SENSITIVE_Radford_Spencer_SOS_Web_Decision_REDACTED2.pdf:sexually motivated and resulted in, or had the potential to result in, harm to a person or ./OFFICIAL_SENSITIVE_Radford_Spencer_SOS_Web_Decision_REDACTED2.pdf-persons, particularly where the individual has used his professional position to influence ./OFFICIAL_SENSITIVE_Radford_Spencer_SOS_Web_Decision_REDACTED2.pdf-or exploit a person or persons. The panel found that Mr Radford was responsible for ./OFFICIAL_SENSITIVE_Radford_Spencer_SOS_Web_Decision_REDACTED2.pdf:prolonged serious sexual misconduct with Pupil A”. The panel has also said “The panel ./OFFICIAL_SENSITIVE_Radford_Spencer_SOS_Web_Decision_REDACTED2.pdf-decided that the findings indicated a situation in which a review period would not be ./OFFICIAL_SENSITIVE_Radford_Spencer_SOS_Web_Decision_REDACTED2.pdf-appropriate and, as such, decided that it would be proportionate, in all the circumstances, ./OFFICIAL_SENSITIVE_Radford_Spencer_SOS_Web_Decision_REDACTED2.pdf-for the prohibition order to be recommended without provision for a review period”. ./OFFICIAL_SENSITIVE_Radford_Spencer_SOS_Web_Decision_REDACTED2.pdf- ./OFFICIAL_SENSITIVE_Radford_Spencer_SOS_Web_Decision_REDACTED2.pdf-I have considered whether not allowing for a review period reflects the seriousness of the ./OFFICIAL_SENSITIVE_Radford_Spencer_SOS_Web_Decision_REDACTED2.pdf-findings and is a proportionate period to achieve the aim of maintaining public confidence ./OFFICIAL_SENSITIVE_Radford_Spencer_SOS_Web_Decision_REDACTED2.pdf:in the profession. In this case, due to the prolonged serious sexual misconduct found ./OFFICIAL_SENSITIVE_Radford_Spencer_SOS_Web_Decision_REDACTED2.pdf-proven mean that a 2 year review period is not sufficient to achieve the aim of ./OFFICIAL_SENSITIVE_Radford_Spencer_SOS_Web_Decision_REDACTED2.pdf-maintaining public confidence in the profession. ./OFFICIAL_SENSITIVE_Radford_Spencer_SOS_Web_Decision_REDACTED2.pdf- ./OFFICIAL_SENSITIVE_Radford_Spencer_SOS_Web_Decision_REDACTED2.pdf-I consider therefore that allowing for no review period is necessary to maintain public ./OFFICIAL_SENSITIVE_Radford_Spencer_SOS_Web_Decision_REDACTED2.pdf-confidence and is proportionate and in the public interest. ./OFFICIAL_SENSITIVE_Radford_Spencer_SOS_Web_Decision_REDACTED2.pdf- ./OFFICIAL_SENSITIVE_Radford_Spencer_SOS_Web_Decision_REDACTED2.pdf-This means that Mr Spencer Radford is prohibited from teaching indefinitely and ./OFFICIAL_SENSITIVE_Radford_Spencer_SOS_Web_Decision_REDACTED2.pdf-cannot teach in any school, sixth form college, relevant youth accommodation or ./OFFICIAL_SENSITIVE_Radford_Spencer_SOS_Web_Decision_REDACTED2.pdf-children’s home in England. Furthermore, in view of the seriousness of the allegations ./OFFICIAL_SENSITIVE_Radford_Spencer_SOS_Web_Decision_REDACTED2.pdf-found proved against him, I have decided that Mr Radford shall not be entitled to apply for ./OFFICIAL_SENSITIVE_Rees_Gareth_SoS_Decision.pdf-Teacher: Mr Gareth Rees ./OFFICIAL_SENSITIVE_Rees_Gareth_SoS_Decision.pdf- ./OFFICIAL_SENSITIVE_Rees_Gareth_SoS_Decision.pdf-Teacher ref number: 1052042 ./OFFICIAL_SENSITIVE_Rees_Gareth_SoS_Decision.pdf- ./OFFICIAL_SENSITIVE_Rees_Gareth_SoS_Decision.pdf-Teacher date of birth: 26 March 1989 ./OFFICIAL_SENSITIVE_Rees_Gareth_SoS_Decision.pdf- ./OFFICIAL_SENSITIVE_Rees_Gareth_SoS_Decision.pdf-TRA reference: 16308 ./OFFICIAL_SENSITIVE_Rees_Gareth_SoS_Decision.pdf- ./OFFICIAL_SENSITIVE_Rees_Gareth_SoS_Decision.pdf-Date of determination: 9 April 2021 ./OFFICIAL_SENSITIVE_Rees_Gareth_SoS_Decision.pdf- ./OFFICIAL_SENSITIVE_Rees_Gareth_SoS_Decision.pdf:Former employer: Westbourne House School, West Sussex ./OFFICIAL_SENSITIVE_Rees_Gareth_SoS_Decision.pdf- ./OFFICIAL_SENSITIVE_Rees_Gareth_SoS_Decision.pdf- ./OFFICIAL_SENSITIVE_Rees_Gareth_SoS_Decision.pdf-Introduction ./OFFICIAL_SENSITIVE_Rees_Gareth_SoS_Decision.pdf-A professional conduct panel (“the panel”) of the Teaching Regulation Agency (“the ./OFFICIAL_SENSITIVE_Rees_Gareth_SoS_Decision.pdf-TRA”) convened virtually on 8 April 2021 to 9 April 2021, to consider the case of Mr ./OFFICIAL_SENSITIVE_Rees_Gareth_SoS_Decision.pdf-Gareth Rees. ./OFFICIAL_SENSITIVE_Rees_Gareth_SoS_Decision.pdf- ./OFFICIAL_SENSITIVE_Rees_Gareth_SoS_Decision.pdf-The panel members were Mr Roger Woods (former teacher panellist – in the chair), Ms ./OFFICIAL_SENSITIVE_Rees_Gareth_SoS_Decision.pdf-Nicola Hartley (lay panellist) and Ms Claudette Salmon (teacher panellist). ./OFFICIAL_SENSITIVE_Rees_Gareth_SoS_Decision.pdf- -- ./OFFICIAL_SENSITIVE_Rees_Gareth_SoS_Decision.pdf-Allegations ./OFFICIAL_SENSITIVE_Rees_Gareth_SoS_Decision.pdf-The panel considered the allegations set out in the Notice of Proceedings dated 11 ./OFFICIAL_SENSITIVE_Rees_Gareth_SoS_Decision.pdf-February 2021. ./OFFICIAL_SENSITIVE_Rees_Gareth_SoS_Decision.pdf- ./OFFICIAL_SENSITIVE_Rees_Gareth_SoS_Decision.pdf-It was alleged that Mr Rees was guilty of unacceptable professional conduct and/or ./OFFICIAL_SENSITIVE_Rees_Gareth_SoS_Decision.pdf-conduct that may bring the profession into disrepute, in that whilst employed at the ./OFFICIAL_SENSITIVE_Rees_Gareth_SoS_Decision.pdf:Westbourne House School in West Sussex: ./OFFICIAL_SENSITIVE_Rees_Gareth_SoS_Decision.pdf- ./OFFICIAL_SENSITIVE_Rees_Gareth_SoS_Decision.pdf-1. On one or more occasions in the period between approximately October 2016 to ./OFFICIAL_SENSITIVE_Rees_Gareth_SoS_Decision.pdf- February 2017, he engaged in activity which was inappropriate and/or demonstrated ./OFFICIAL_SENSITIVE_Rees_Gareth_SoS_Decision.pdf: a sexual interest in children in that he; ./OFFICIAL_SENSITIVE_Rees_Gareth_SoS_Decision.pdf-a. accessed, possessed and/or exchanged; ./OFFICIAL_SENSITIVE_Rees_Gareth_SoS_Decision.pdf-i. one or more indecent images of children; ./OFFICIAL_SENSITIVE_Rees_Gareth_SoS_Decision.pdf-ii. a ‘paedophile handbook’; ./OFFICIAL_SENSITIVE_Rees_Gareth_SoS_Decision.pdf-b. searched for material online using the term ./OFFICIAL_SENSITIVE_Rees_Gareth_SoS_Decision.pdf-i. ‘young nudist’; ./OFFICIAL_SENSITIVE_Rees_Gareth_SoS_Decision.pdf-ii. ‘pederasty’; ./OFFICIAL_SENSITIVE_Rees_Gareth_SoS_Decision.pdf-iii. ‘pre-teen’; ./OFFICIAL_SENSITIVE_Rees_Gareth_SoS_Decision.pdf:c. engaging in a discussion on social media related to children/pupils engaging in sexual ./OFFICIAL_SENSITIVE_Rees_Gareth_SoS_Decision.pdf- activity; ./OFFICIAL_SENSITIVE_Rees_Gareth_SoS_Decision.pdf-d. stated in a discussion on social media “That’s so naughty… But im [sic] turned on by ./OFFICIAL_SENSITIVE_Rees_Gareth_SoS_Decision.pdf- it…is that wrong” or using words to that effect when it was suggested that he join in ./OFFICIAL_SENSITIVE_Rees_Gareth_SoS_Decision.pdf: with children/pupils engaging in sexual activity with one another; ./OFFICIAL_SENSITIVE_Rees_Gareth_SoS_Decision.pdf-e. failed to notify the police and/or any other agency as to the presence of the material ./OFFICIAL_SENSITIVE_Rees_Gareth_SoS_Decision.pdf- described at 1a(i) –(ii) above online; ./OFFICIAL_SENSITIVE_Rees_Gareth_SoS_Decision.pdf-2 His behaviour as may be found proven at 1a and/or 1b and/or 1c and/or 1d above ./OFFICIAL_SENSITIVE_Rees_Gareth_SoS_Decision.pdf: was conduct of a sexual nature and/or was sexually motivated. ./OFFICIAL_SENSITIVE_Rees_Gareth_SoS_Decision.pdf-Mr Rees has not admitted the allegations, nor that they constituted unacceptable ./OFFICIAL_SENSITIVE_Rees_Gareth_SoS_Decision.pdf-professional conduct and/ or conduct that may bring the profession into disrepute. ./OFFICIAL_SENSITIVE_Rees_Gareth_SoS_Decision.pdf- ./OFFICIAL_SENSITIVE_Rees_Gareth_SoS_Decision.pdf- ./OFFICIAL_SENSITIVE_Rees_Gareth_SoS_Decision.pdf-Preliminary applications ./OFFICIAL_SENSITIVE_Rees_Gareth_SoS_Decision.pdf-The panel has considered whether this hearing should continue in the absence of the ./OFFICIAL_SENSITIVE_Rees_Gareth_SoS_Decision.pdf-teacher. ./OFFICIAL_SENSITIVE_Rees_Gareth_SoS_Decision.pdf- ./OFFICIAL_SENSITIVE_Rees_Gareth_SoS_Decision.pdf-The panel is satisfied that the TRA has complied with the service requirements of ./OFFICIAL_SENSITIVE_Rees_Gareth_SoS_Decision.pdf-paragraph 19 a to c of the Teachers’ Disciplinary (England) Regulations 2012, (the -- ./OFFICIAL_SENSITIVE_Rees_Gareth_SoS_Decision.pdf-Rees’s Sony mobile phone. ./OFFICIAL_SENSITIVE_Rees_Gareth_SoS_Decision.pdf- ./OFFICIAL_SENSITIVE_Rees_Gareth_SoS_Decision.pdf-The police occurrence enquiry log report contains a summary of an interview with Mr ./OFFICIAL_SENSITIVE_Rees_Gareth_SoS_Decision.pdf-Rees, attended by the investigator who has provided a witness statement for these ./OFFICIAL_SENSITIVE_Rees_Gareth_SoS_Decision.pdf-proceedings. This records that Mr Rees had stated that he joined adult groups where he ./OFFICIAL_SENSITIVE_Rees_Gareth_SoS_Decision.pdf-would see images within the chat site. When he was not comfortable with the images ./OFFICIAL_SENSITIVE_Rees_Gareth_SoS_Decision.pdf-which he described as “age questionable”, he would leave. He described having seen ./OFFICIAL_SENSITIVE_Rees_Gareth_SoS_Decision.pdf-chat about young children but would remove himself. He referred to seeing some images ./OFFICIAL_SENSITIVE_Rees_Gareth_SoS_Decision.pdf-on his device that he described as having been downloaded unintentionally and which he ./OFFICIAL_SENSITIVE_Rees_Gareth_SoS_Decision.pdf-would delete straight away. He stated that he believed he had seen category B and C ./OFFICIAL_SENSITIVE_Rees_Gareth_SoS_Decision.pdf:images whilst he downloaded adult pornography, which he deleted. ./OFFICIAL_SENSITIVE_Rees_Gareth_SoS_Decision.pdf- ./OFFICIAL_SENSITIVE_Rees_Gareth_SoS_Decision.pdf-A statement from a digital forensic analyst stated that there was no evidence to show ./OFFICIAL_SENSITIVE_Rees_Gareth_SoS_Decision.pdf-how the images found on Mr Rees’s mobile phone came to be present there. However, ./OFFICIAL_SENSITIVE_Rees_Gareth_SoS_Decision.pdf-one of the category A images was a moving image which was found within the Download ./OFFICIAL_SENSITIVE_Rees_Gareth_SoS_Decision.pdf-folder. The other images were thumbnails which represent larger versions of the images ./OFFICIAL_SENSITIVE_Rees_Gareth_SoS_Decision.pdf-which it is stated, have, at some point been present on the device. The full versions of ./OFFICIAL_SENSITIVE_Rees_Gareth_SoS_Decision.pdf-those images could not be recovered, and that could be because they were no longer ./OFFICIAL_SENSITIVE_Rees_Gareth_SoS_Decision.pdf-present on the device, for example if they had been deleted. ./OFFICIAL_SENSITIVE_Rees_Gareth_SoS_Decision.pdf- ./OFFICIAL_SENSITIVE_Rees_Gareth_SoS_Decision.pdf-Given Mr Rees’s explanation of his online activity, the thumbnail and the downloaded -- ./OFFICIAL_SENSITIVE_Rees_Gareth_SoS_Decision.pdf-download it. It was horrible”. The investigator from Surrey Police has confirmed in her ./OFFICIAL_SENSITIVE_Rees_Gareth_SoS_Decision.pdf-statement that Mr Rees stated this in interview. The panel has therefore found it proven ./OFFICIAL_SENSITIVE_Rees_Gareth_SoS_Decision.pdf-that Mr Rees accessed and/or possessed a ‘paedophile handbook’. Opening such a ./OFFICIAL_SENSITIVE_Rees_Gareth_SoS_Decision.pdf:‘handbook’ was inappropriate and at the very least risked demonstrating a sexual interest ./OFFICIAL_SENSITIVE_Rees_Gareth_SoS_Decision.pdf-in children. ./OFFICIAL_SENSITIVE_Rees_Gareth_SoS_Decision.pdf- ./OFFICIAL_SENSITIVE_Rees_Gareth_SoS_Decision.pdf-The particulars of allegation a. has therefore been found proven in its entirety. ./OFFICIAL_SENSITIVE_Rees_Gareth_SoS_Decision.pdf- ./OFFICIAL_SENSITIVE_Rees_Gareth_SoS_Decision.pdf- b. searched for material online using the term ./OFFICIAL_SENSITIVE_Rees_Gareth_SoS_Decision.pdf- i. ‘young nudist’ ./OFFICIAL_SENSITIVE_Rees_Gareth_SoS_Decision.pdf- ii. ‘pederasty’ ./OFFICIAL_SENSITIVE_Rees_Gareth_SoS_Decision.pdf- iii. ‘pre-teen’ ./OFFICIAL_SENSITIVE_Rees_Gareth_SoS_Decision.pdf-The investigator for Surrey Police has provided a written statement confirming that Mr ./OFFICIAL_SENSITIVE_Rees_Gareth_SoS_Decision.pdf-Rees stated during his interview with her that he had googled “PTHC” (Pre-Teen hard -- ./OFFICIAL_SENSITIVE_Rees_Gareth_SoS_Decision.pdf-of Mr Rees’s police interview states that he “used to be a member of the British Naturalist ./OFFICIAL_SENSITIVE_Rees_Gareth_SoS_Decision.pdf-[sic] site as he was interested in this area…he had carried our research/ locations due to ./OFFICIAL_SENSITIVE_Rees_Gareth_SoS_Decision.pdf-his interest”. This corroborated the likelihood of the search term “young nudist” having ./OFFICIAL_SENSITIVE_Rees_Gareth_SoS_Decision.pdf-been used by Mr Rees. ./OFFICIAL_SENSITIVE_Rees_Gareth_SoS_Decision.pdf- ./OFFICIAL_SENSITIVE_Rees_Gareth_SoS_Decision.pdf-It was therefore more probable than not that Mr Rees had used these search terms. ./OFFICIAL_SENSITIVE_Rees_Gareth_SoS_Decision.pdf- ./OFFICIAL_SENSITIVE_Rees_Gareth_SoS_Decision.pdf-The panel found this allegation proven in its entirety. The panel considered that a teacher ./OFFICIAL_SENSITIVE_Rees_Gareth_SoS_Decision.pdf-ought to be alive to the risks of using such search terms. As such the panel considered it ./OFFICIAL_SENSITIVE_Rees_Gareth_SoS_Decision.pdf-to have been inappropriate to have conducted such searches, since, at the very least, it ./OFFICIAL_SENSITIVE_Rees_Gareth_SoS_Decision.pdf:endangered an inference being drawn that it demonstrated a sexual interest in children. ./OFFICIAL_SENSITIVE_Rees_Gareth_SoS_Decision.pdf- ./OFFICIAL_SENSITIVE_Rees_Gareth_SoS_Decision.pdf-The panel found allegation b. proven in its entirety. ./OFFICIAL_SENSITIVE_Rees_Gareth_SoS_Decision.pdf- ./OFFICIAL_SENSITIVE_Rees_Gareth_SoS_Decision.pdf- c. engaging in a discussion on social media relating to children/pupils ./OFFICIAL_SENSITIVE_Rees_Gareth_SoS_Decision.pdf: engaging in sexual activity; ./OFFICIAL_SENSITIVE_Rees_Gareth_SoS_Decision.pdf- d. stated in a discussion on social media “That’s so naughty…But im ./OFFICIAL_SENSITIVE_Rees_Gareth_SoS_Decision.pdf- [sic] turned on by it…is that wrong” or using words to that effect when ./OFFICIAL_SENSITIVE_Rees_Gareth_SoS_Decision.pdf- it was suggested that you join in with children/pupils engaging in ./OFFICIAL_SENSITIVE_Rees_Gareth_SoS_Decision.pdf: sexual activity with one another; ./OFFICIAL_SENSITIVE_Rees_Gareth_SoS_Decision.pdf- ./OFFICIAL_SENSITIVE_Rees_Gareth_SoS_Decision.pdf- 9 ./OFFICIAL_SENSITIVE_Rees_Gareth_SoS_Decision.pdf- -- ./OFFICIAL_SENSITIVE_Rees_Gareth_SoS_Decision.pdf-The panel has seen an exchange of messages on a social media application between ./OFFICIAL_SENSITIVE_Rees_Gareth_SoS_Decision.pdf-someone who is stated to be “anonymous” and another participant whose identity has ./OFFICIAL_SENSITIVE_Rees_Gareth_SoS_Decision.pdf-been redacted. Those messages were found on Mr Rees’s mobile phone. The person ./OFFICIAL_SENSITIVE_Rees_Gareth_SoS_Decision.pdf-described as “anonymous” identifies himself as a teacher by stating that “you could ask ./OFFICIAL_SENSITIVE_Rees_Gareth_SoS_Decision.pdf-me anything about the national curriculum, assessment, sen or anything else teacher ./OFFICIAL_SENSITIVE_Rees_Gareth_SoS_Decision.pdf-related and i [sic] could tell you”. In a letter from Mr Rees’s representative, it is stated that ./OFFICIAL_SENSITIVE_Rees_Gareth_SoS_Decision.pdf-the comments made during the chat have been misinterpreted and were context specific. ./OFFICIAL_SENSITIVE_Rees_Gareth_SoS_Decision.pdf-It is not the case that Mr Rees denied being the “anonymous” person engaged in the ./OFFICIAL_SENSITIVE_Rees_Gareth_SoS_Decision.pdf-chat. The panel therefore concluded that it was more probable than not that Mr Rees had ./OFFICIAL_SENSITIVE_Rees_Gareth_SoS_Decision.pdf-engaged in the discussion on social media. That discussion related to children/pupils ./OFFICIAL_SENSITIVE_Rees_Gareth_SoS_Decision.pdf:engaged in sexual activity, for example it included a question by Mr Rees “Would you ./OFFICIAL_SENSITIVE_Rees_Gareth_SoS_Decision.pdf-come into my lessons in a skirt with no panties and sit legs open to tease me?”. It also ./OFFICIAL_SENSITIVE_Rees_Gareth_SoS_Decision.pdf-included “Haha what would you have wanted me to do if i [sic] walked in on that when ./OFFICIAL_SENSITIVE_Rees_Gareth_SoS_Decision.pdf-you that age”; “Really… Even if it was when you were 14?”; and “That’s so naughty but ./OFFICIAL_SENSITIVE_Rees_Gareth_SoS_Decision.pdf-I’m turned on by it…is that wrong”. ./OFFICIAL_SENSITIVE_Rees_Gareth_SoS_Decision.pdf- ./OFFICIAL_SENSITIVE_Rees_Gareth_SoS_Decision.pdf-The panel considered whether the comments made during the chat could be ./OFFICIAL_SENSITIVE_Rees_Gareth_SoS_Decision.pdf-misinterpreted, but in the absence of further explanation, the words on their face value ./OFFICIAL_SENSITIVE_Rees_Gareth_SoS_Decision.pdf:appeared to relate to children/pupils engaged in sexual activity. The panel found it more ./OFFICIAL_SENSITIVE_Rees_Gareth_SoS_Decision.pdf-probable than not therefore that Mr Rees had engaged in the discussion alleged at sub- ./OFFICIAL_SENSITIVE_Rees_Gareth_SoS_Decision.pdf-paragraphs c. and d. The panel considered that this was inappropriate and demonstrated ./OFFICIAL_SENSITIVE_Rees_Gareth_SoS_Decision.pdf:a sexual interest in children. ./OFFICIAL_SENSITIVE_Rees_Gareth_SoS_Decision.pdf- ./OFFICIAL_SENSITIVE_Rees_Gareth_SoS_Decision.pdf- e. failed to notify the police and/or any other agency as to the presence ./OFFICIAL_SENSITIVE_Rees_Gareth_SoS_Decision.pdf- of the material described at 1a(i) to (ii) above online; ./OFFICIAL_SENSITIVE_Rees_Gareth_SoS_Decision.pdf-In the summary of Mr Rees’s police interview, it is stated that “He never reported any of ./OFFICIAL_SENSITIVE_Rees_Gareth_SoS_Decision.pdf:his observations for fear of repercussions”. The Investigator from Sussex Police has ./OFFICIAL_SENSITIVE_Rees_Gareth_SoS_Decision.pdf-confirmed in her written statement that Mr Rees stated this during his interview with her. ./OFFICIAL_SENSITIVE_Rees_Gareth_SoS_Decision.pdf-The panel therefore found it proven that Mr Rees had failed to notify the police and/or ./OFFICIAL_SENSITIVE_Rees_Gareth_SoS_Decision.pdf-any other agency as to the presence of the material online. The panel considered that ./OFFICIAL_SENSITIVE_Rees_Gareth_SoS_Decision.pdf-this was inappropriate given Mr Rees’s position as a teacher with a duty to safeguard ./OFFICIAL_SENSITIVE_Rees_Gareth_SoS_Decision.pdf-children. Failing to report such a matter for fear of repercussions for himself indicated to ./OFFICIAL_SENSITIVE_Rees_Gareth_SoS_Decision.pdf-the panel that he was aware of the consequences of his inappropriate online activity. ./OFFICIAL_SENSITIVE_Rees_Gareth_SoS_Decision.pdf- ./OFFICIAL_SENSITIVE_Rees_Gareth_SoS_Decision.pdf- 2. Your behaviour as may be found proven at 1a and/or 1b and/or 1c and/or ./OFFICIAL_SENSITIVE_Rees_Gareth_SoS_Decision.pdf: 1d above was conduct of a sexual nature and/or was sexually motivated. ./OFFICIAL_SENSITIVE_Rees_Gareth_SoS_Decision.pdf-The images found in Mr Rees’s possession were graded as category A and category B ./OFFICIAL_SENSITIVE_Rees_Gareth_SoS_Decision.pdf:indecent images of children and were therefore of a sexual nature. Accessing and ./OFFICIAL_SENSITIVE_Rees_Gareth_SoS_Decision.pdf-possessing those images would, therefore, be considered by a reasonable person to be ./OFFICIAL_SENSITIVE_Rees_Gareth_SoS_Decision.pdf:inherently conduct of a sexual nature. ./OFFICIAL_SENSITIVE_Rees_Gareth_SoS_Decision.pdf- ./OFFICIAL_SENSITIVE_Rees_Gareth_SoS_Decision.pdf- ./OFFICIAL_SENSITIVE_Rees_Gareth_SoS_Decision.pdf- 10 ./OFFICIAL_SENSITIVE_Rees_Gareth_SoS_Decision.pdf- -- ./OFFICIAL_SENSITIVE_Rees_Gareth_SoS_Decision.pdf-Furthermore, the circumstances of this case were examined by the panel to consider ./OFFICIAL_SENSITIVE_Rees_Gareth_SoS_Decision.pdf-whether Mr Rees’s conduct was sexually motivated. In the summary of Mr Rees’s police ./OFFICIAL_SENSITIVE_Rees_Gareth_SoS_Decision.pdf-interview it is stated that he saw a ‘paedophile handbook’ and opened it up, then two ./OFFICIAL_SENSITIVE_Rees_Gareth_SoS_Decision.pdf-minutes later closed it down, as he described it as “horrible”. The panel considered it ./OFFICIAL_SENSITIVE_Rees_Gareth_SoS_Decision.pdf-more likely than not, that Mr Rees’s purpose was sexual in opening such a document as ./OFFICIAL_SENSITIVE_Rees_Gareth_SoS_Decision.pdf-there could be no other reasonable explanation for opening it. In a summary of his police ./OFFICIAL_SENSITIVE_Rees_Gareth_SoS_Decision.pdf:interview, it is stated that “Role playing – he felt that adult porn became too samey and ./OFFICIAL_SENSITIVE_Rees_Gareth_SoS_Decision.pdf-wanted to try something new”. The social media chat that the panel has seen indicates ./OFFICIAL_SENSITIVE_Rees_Gareth_SoS_Decision.pdf:that Mr Rees was seeking sexual gratification as referred to in the quotes cited above. ./OFFICIAL_SENSITIVE_Rees_Gareth_SoS_Decision.pdf-Although Mr Rees’s representative has stated that it is Mr Rees’ position that the ./OFFICIAL_SENSITIVE_Rees_Gareth_SoS_Decision.pdf-comments made during that chat have been misinterpreted and were context specific, no ./OFFICIAL_SENSITIVE_Rees_Gareth_SoS_Decision.pdf-explanation has been provided as to that context. Given the words themselves, and the ./OFFICIAL_SENSITIVE_Rees_Gareth_SoS_Decision.pdf-absence of any alternative explanation, the panel considered it more probable than not ./OFFICIAL_SENSITIVE_Rees_Gareth_SoS_Decision.pdf:that Mr Rees’ conduct was sexually motivated. In that context, Mr Rees’s use of search ./OFFICIAL_SENSITIVE_Rees_Gareth_SoS_Decision.pdf-terms, his failure to report images and chat that he had observed, and the presence of ./OFFICIAL_SENSITIVE_Rees_Gareth_SoS_Decision.pdf:images on his mobile phone all indicated that his actions were sexually motivated. ./OFFICIAL_SENSITIVE_Rees_Gareth_SoS_Decision.pdf- ./OFFICIAL_SENSITIVE_Rees_Gareth_SoS_Decision.pdf-Findings as to unacceptable professional conduct and/or conduct that ./OFFICIAL_SENSITIVE_Rees_Gareth_SoS_Decision.pdf-may bring the profession into disrepute ./OFFICIAL_SENSITIVE_Rees_Gareth_SoS_Decision.pdf- ./OFFICIAL_SENSITIVE_Rees_Gareth_SoS_Decision.pdf-Having found all of the allegations proved, the panel went on to consider whether the ./OFFICIAL_SENSITIVE_Rees_Gareth_SoS_Decision.pdf-facts of those proved allegations amounted to unacceptable professional conduct and/or ./OFFICIAL_SENSITIVE_Rees_Gareth_SoS_Decision.pdf-conduct that may bring the profession into disrepute. ./OFFICIAL_SENSITIVE_Rees_Gareth_SoS_Decision.pdf- ./OFFICIAL_SENSITIVE_Rees_Gareth_SoS_Decision.pdf-In doing so, the panel had regard to the document Teacher Misconduct: The Prohibition ./OFFICIAL_SENSITIVE_Rees_Gareth_SoS_Decision.pdf-of Teachers, which is referred to as “the Advice”. -- ./OFFICIAL_SENSITIVE_Rees_Gareth_SoS_Decision.pdf-The panel found that the offence of any activity involving viewing, taking, making, ./OFFICIAL_SENSITIVE_Rees_Gareth_SoS_Decision.pdf-possessing, distributing or publishing any indecent photograph or image or pseudo ./OFFICIAL_SENSITIVE_Rees_Gareth_SoS_Decision.pdf-photograph or image of a child, or permitting any such activity, including one-off incidents ./OFFICIAL_SENSITIVE_Rees_Gareth_SoS_Decision.pdf-was relevant. ./OFFICIAL_SENSITIVE_Rees_Gareth_SoS_Decision.pdf- ./OFFICIAL_SENSITIVE_Rees_Gareth_SoS_Decision.pdf-The Advice indicates that where behaviours associated with such an offence exist, a ./OFFICIAL_SENSITIVE_Rees_Gareth_SoS_Decision.pdf-panel is likely to conclude that an individual’s conduct would amount to unacceptable ./OFFICIAL_SENSITIVE_Rees_Gareth_SoS_Decision.pdf-professional conduct. ./OFFICIAL_SENSITIVE_Rees_Gareth_SoS_Decision.pdf- ./OFFICIAL_SENSITIVE_Rees_Gareth_SoS_Decision.pdf-The panel noted that the allegations took place outside the education setting. ./OFFICIAL_SENSITIVE_Rees_Gareth_SoS_Decision.pdf:Demonstrating a sexual interest in children in the manner found proven fundamentally ./OFFICIAL_SENSITIVE_Rees_Gareth_SoS_Decision.pdf-undermines the trust that parents place in teachers to safeguard their children. ./OFFICIAL_SENSITIVE_Rees_Gareth_SoS_Decision.pdf- ./OFFICIAL_SENSITIVE_Rees_Gareth_SoS_Decision.pdf-Accordingly, the panel was satisfied that Mr Rees was guilty of unacceptable professional ./OFFICIAL_SENSITIVE_Rees_Gareth_SoS_Decision.pdf-conduct. ./OFFICIAL_SENSITIVE_Rees_Gareth_SoS_Decision.pdf- ./OFFICIAL_SENSITIVE_Rees_Gareth_SoS_Decision.pdf-The panel took into account the way the teaching profession is viewed by others and ./OFFICIAL_SENSITIVE_Rees_Gareth_SoS_Decision.pdf-considered the influence that teachers may have on pupils, parents and others in the ./OFFICIAL_SENSITIVE_Rees_Gareth_SoS_Decision.pdf-community. The panel also took account of the uniquely influential role that teachers can ./OFFICIAL_SENSITIVE_Rees_Gareth_SoS_Decision.pdf-hold in pupils’ lives and the fact that pupils must be able to view teachers as role models ./OFFICIAL_SENSITIVE_Rees_Gareth_SoS_Decision.pdf-in the way that they behave. -- ./OFFICIAL_SENSITIVE_Rees_Gareth_SoS_Decision.pdf-proportionate measure, and whether it would be in the public interest to do so. Prohibition ./OFFICIAL_SENSITIVE_Rees_Gareth_SoS_Decision.pdf-orders should not be given in order to be punitive, or to show that blame has been ./OFFICIAL_SENSITIVE_Rees_Gareth_SoS_Decision.pdf-apportioned, although they are likely to have punitive effect. ./OFFICIAL_SENSITIVE_Rees_Gareth_SoS_Decision.pdf- ./OFFICIAL_SENSITIVE_Rees_Gareth_SoS_Decision.pdf-The panel had regard to the particular public interest considerations set out in the Advice ./OFFICIAL_SENSITIVE_Rees_Gareth_SoS_Decision.pdf-and, having done so, found all of them to be relevant in this case, namely, the protection ./OFFICIAL_SENSITIVE_Rees_Gareth_SoS_Decision.pdf-of pupils; the protection of other members of the public; the maintenance of public ./OFFICIAL_SENSITIVE_Rees_Gareth_SoS_Decision.pdf-confidence in the profession; and declaring and upholding proper standards of conduct. ./OFFICIAL_SENSITIVE_Rees_Gareth_SoS_Decision.pdf- ./OFFICIAL_SENSITIVE_Rees_Gareth_SoS_Decision.pdf-In the light of the panel’s findings against Mr Rees, there was a strong public interest ./OFFICIAL_SENSITIVE_Rees_Gareth_SoS_Decision.pdf:consideration in respect of the protection of pupils, given the serious findings of sexual ./OFFICIAL_SENSITIVE_Rees_Gareth_SoS_Decision.pdf-motivation in accessing and possessing indecent images of children; using terms to ./OFFICIAL_SENSITIVE_Rees_Gareth_SoS_Decision.pdf-search for such material; engaging in a discussion on social media relating to ./OFFICIAL_SENSITIVE_Rees_Gareth_SoS_Decision.pdf:children/pupils engaging in sexual activity; and failing to report online material to the ./OFFICIAL_SENSITIVE_Rees_Gareth_SoS_Decision.pdf-police or any other agency. ./OFFICIAL_SENSITIVE_Rees_Gareth_SoS_Decision.pdf- ./OFFICIAL_SENSITIVE_Rees_Gareth_SoS_Decision.pdf-Similarly, the panel considered that public confidence in the profession could be seriously ./OFFICIAL_SENSITIVE_Rees_Gareth_SoS_Decision.pdf-weakened if conduct such as that found against Mr Rees was not treated with the utmost ./OFFICIAL_SENSITIVE_Rees_Gareth_SoS_Decision.pdf-seriousness when regulating the conduct of the profession. ./OFFICIAL_SENSITIVE_Rees_Gareth_SoS_Decision.pdf- ./OFFICIAL_SENSITIVE_Rees_Gareth_SoS_Decision.pdf-The panel was of the view that a strong public interest consideration in declaring proper ./OFFICIAL_SENSITIVE_Rees_Gareth_SoS_Decision.pdf-standards of conduct in the profession was also present as the conduct found against Mr ./OFFICIAL_SENSITIVE_Rees_Gareth_SoS_Decision.pdf-Rees was outside that which could reasonably be tolerated. ./OFFICIAL_SENSITIVE_Rees_Gareth_SoS_Decision.pdf- -- ./OFFICIAL_SENSITIVE_Rees_Gareth_SoS_Decision.pdf- a deep-seated attitude that leads to harmful behaviour; ./OFFICIAL_SENSITIVE_Rees_Gareth_SoS_Decision.pdf- ./OFFICIAL_SENSITIVE_Rees_Gareth_SoS_Decision.pdf- abuse of position or trust (particularly involving vulnerable pupils) or violation of the ./OFFICIAL_SENSITIVE_Rees_Gareth_SoS_Decision.pdf- rights of pupils; ./OFFICIAL_SENSITIVE_Rees_Gareth_SoS_Decision.pdf- ./OFFICIAL_SENSITIVE_Rees_Gareth_SoS_Decision.pdf- … other deliberate behaviour that undermines pupils, the profession, the school or ./OFFICIAL_SENSITIVE_Rees_Gareth_SoS_Decision.pdf- colleagues; ./OFFICIAL_SENSITIVE_Rees_Gareth_SoS_Decision.pdf- ./OFFICIAL_SENSITIVE_Rees_Gareth_SoS_Decision.pdf: sexual misconduct, for example, involving actions that were sexually motivated or of a ./OFFICIAL_SENSITIVE_Rees_Gareth_SoS_Decision.pdf: sexual nature and/or that use or exploit the trust, knowledge or influence derived ./OFFICIAL_SENSITIVE_Rees_Gareth_SoS_Decision.pdf- from the individual’s professional position; ./OFFICIAL_SENSITIVE_Rees_Gareth_SoS_Decision.pdf- ./OFFICIAL_SENSITIVE_Rees_Gareth_SoS_Decision.pdf- any activity involving viewing, taking, making, possessing, distributing or publishing ./OFFICIAL_SENSITIVE_Rees_Gareth_SoS_Decision.pdf- any indecent photograph or image or pseudo photograph or image of a child, or ./OFFICIAL_SENSITIVE_Rees_Gareth_SoS_Decision.pdf- permitting such activity, including one-off incidents; ./OFFICIAL_SENSITIVE_Rees_Gareth_SoS_Decision.pdf- ./OFFICIAL_SENSITIVE_Rees_Gareth_SoS_Decision.pdf-The panel considered Mr Rees to have a deep-seated attitude given the number of ./OFFICIAL_SENSITIVE_Rees_Gareth_SoS_Decision.pdf-images found on his mobile phone; the severity of those images; the search terms he ./OFFICIAL_SENSITIVE_Rees_Gareth_SoS_Decision.pdf-used; his opening of a ‘paedophile handbook’; and his discussion on social media about ./OFFICIAL_SENSITIVE_Rees_Gareth_SoS_Decision.pdf:children engaging in sexual activity. Such behaviour is harmful in encouraging the ./OFFICIAL_SENSITIVE_Rees_Gareth_SoS_Decision.pdf-exploitation of children in this way. ./OFFICIAL_SENSITIVE_Rees_Gareth_SoS_Decision.pdf- ./OFFICIAL_SENSITIVE_Rees_Gareth_SoS_Decision.pdf-Even though some of the behaviour found proved in this case indicated that a prohibition ./OFFICIAL_SENSITIVE_Rees_Gareth_SoS_Decision.pdf-order would be appropriate, the panel went on to consider the mitigating factors. ./OFFICIAL_SENSITIVE_Rees_Gareth_SoS_Decision.pdf-Mitigating factors may indicate that a prohibition order would not be appropriate or ./OFFICIAL_SENSITIVE_Rees_Gareth_SoS_Decision.pdf-proportionate. ./OFFICIAL_SENSITIVE_Rees_Gareth_SoS_Decision.pdf- ./OFFICIAL_SENSITIVE_Rees_Gareth_SoS_Decision.pdf:The panel has found Mr Rees’s actions to be deliberate and sexually motivated. ./OFFICIAL_SENSITIVE_Rees_Gareth_SoS_Decision.pdf- ./OFFICIAL_SENSITIVE_Rees_Gareth_SoS_Decision.pdf-There was no evidence to suggest that Mr Rees was acting under duress. ./OFFICIAL_SENSITIVE_Rees_Gareth_SoS_Decision.pdf- ./OFFICIAL_SENSITIVE_Rees_Gareth_SoS_Decision.pdf-Mr Rees did have a previously good history. Two referees were consulted when Mr Rees ./OFFICIAL_SENSITIVE_Rees_Gareth_SoS_Decision.pdf-applied for his post at the School. Neither expressed any reason to believe he was ./OFFICIAL_SENSITIVE_Rees_Gareth_SoS_Decision.pdf-unsuitable to work with children. Both referees attested to his teaching ability and his ./OFFICIAL_SENSITIVE_Rees_Gareth_SoS_Decision.pdf-contribution to the School in which he worked. However, no character references have ./OFFICIAL_SENSITIVE_Rees_Gareth_SoS_Decision.pdf-been adduced by Mr Rees for the purpose of this hearing. ./OFFICIAL_SENSITIVE_Rees_Gareth_SoS_Decision.pdf- ./OFFICIAL_SENSITIVE_Rees_Gareth_SoS_Decision.pdf-The panel first considered whether it would be proportionate to conclude this case with -- ./OFFICIAL_SENSITIVE_Rees_Gareth_SoS_Decision.pdf- ./OFFICIAL_SENSITIVE_Rees_Gareth_SoS_Decision.pdf-The panel went on to consider whether or not it would be appropriate for it to decide to ./OFFICIAL_SENSITIVE_Rees_Gareth_SoS_Decision.pdf-recommend a review period of the order. The panel was mindful that the Advice states ./OFFICIAL_SENSITIVE_Rees_Gareth_SoS_Decision.pdf-that a prohibition order applies for life, but there may be circumstances, in any given ./OFFICIAL_SENSITIVE_Rees_Gareth_SoS_Decision.pdf-case, that may make it appropriate to allow a teacher to apply to have the prohibition ./OFFICIAL_SENSITIVE_Rees_Gareth_SoS_Decision.pdf-order reviewed after a specified period of time that may not be less than 2 years. ./OFFICIAL_SENSITIVE_Rees_Gareth_SoS_Decision.pdf- ./OFFICIAL_SENSITIVE_Rees_Gareth_SoS_Decision.pdf-The Advice indicates that there are behaviours that, if proved, would militate against the ./OFFICIAL_SENSITIVE_Rees_Gareth_SoS_Decision.pdf-recommendation of a review period. These behaviours include: ./OFFICIAL_SENSITIVE_Rees_Gareth_SoS_Decision.pdf- ./OFFICIAL_SENSITIVE_Rees_Gareth_SoS_Decision.pdf: • serious sexual misconduct, eg where the act was sexually motivated and resulted ./OFFICIAL_SENSITIVE_Rees_Gareth_SoS_Decision.pdf- in, or had the potential to result in, harm to a person or persons, particularly where ./OFFICIAL_SENSITIVE_Rees_Gareth_SoS_Decision.pdf- the individual has used their professional position to influence or exploit a person ./OFFICIAL_SENSITIVE_Rees_Gareth_SoS_Decision.pdf- or persons; and ./OFFICIAL_SENSITIVE_Rees_Gareth_SoS_Decision.pdf- • any activity involving viewing, taking, making, possessing, distributing or ./OFFICIAL_SENSITIVE_Rees_Gareth_SoS_Decision.pdf- publishing any indecent photograph or image or pseudo photograph or image of a ./OFFICIAL_SENSITIVE_Rees_Gareth_SoS_Decision.pdf- child. ./OFFICIAL_SENSITIVE_Rees_Gareth_SoS_Decision.pdf-The panel found that Mr Rees was responsible for such behaviours. ./OFFICIAL_SENSITIVE_Rees_Gareth_SoS_Decision.pdf- ./OFFICIAL_SENSITIVE_Rees_Gareth_SoS_Decision.pdf-Mr Rees has demonstrated no insight or remorse having denied the allegations in their ./OFFICIAL_SENSITIVE_Rees_Gareth_SoS_Decision.pdf-entirety. His failure to report the online material he had seen failed to recognise that there -- ./OFFICIAL_SENSITIVE_Rees_Gareth_SoS_Decision.pdf- with statutory provisions ./OFFICIAL_SENSITIVE_Rees_Gareth_SoS_Decision.pdf- ./OFFICIAL_SENSITIVE_Rees_Gareth_SoS_Decision.pdf- o showing tolerance of and respect for the rights of others ./OFFICIAL_SENSITIVE_Rees_Gareth_SoS_Decision.pdf- ./OFFICIAL_SENSITIVE_Rees_Gareth_SoS_Decision.pdf- Teachers must have an understanding of, and always act within, the statutory ./OFFICIAL_SENSITIVE_Rees_Gareth_SoS_Decision.pdf- frameworks which set out their professional duties and responsibilities. ./OFFICIAL_SENSITIVE_Rees_Gareth_SoS_Decision.pdf- ./OFFICIAL_SENSITIVE_Rees_Gareth_SoS_Decision.pdf-The panel finds that the conduct of Mr Rees fell significantly short of the standards ./OFFICIAL_SENSITIVE_Rees_Gareth_SoS_Decision.pdf-expected of the profession. ./OFFICIAL_SENSITIVE_Rees_Gareth_SoS_Decision.pdf- ./OFFICIAL_SENSITIVE_Rees_Gareth_SoS_Decision.pdf:The findings of misconduct are particularly serious as they include a finding of sexual ./OFFICIAL_SENSITIVE_Rees_Gareth_SoS_Decision.pdf-motivation in accessing and possessing indecent images of children; using terms to ./OFFICIAL_SENSITIVE_Rees_Gareth_SoS_Decision.pdf-search for such material; engaging in a discussion on social media relating to ./OFFICIAL_SENSITIVE_Rees_Gareth_SoS_Decision.pdf:children/pupils engaging in sexual activity; and failing to report online material to the ./OFFICIAL_SENSITIVE_Rees_Gareth_SoS_Decision.pdf-police or any other agency. ./OFFICIAL_SENSITIVE_Rees_Gareth_SoS_Decision.pdf- ./OFFICIAL_SENSITIVE_Rees_Gareth_SoS_Decision.pdf-I have to determine whether the imposition of a prohibition order is proportionate and in ./OFFICIAL_SENSITIVE_Rees_Gareth_SoS_Decision.pdf-the public interest. In considering that for this case, I have considered the overall aim of a ./OFFICIAL_SENSITIVE_Rees_Gareth_SoS_Decision.pdf-prohibition order which is to protect pupils and to maintain public confidence in the ./OFFICIAL_SENSITIVE_Rees_Gareth_SoS_Decision.pdf-profession. I have considered the extent to which a prohibition order in this case would ./OFFICIAL_SENSITIVE_Rees_Gareth_SoS_Decision.pdf-achieve that aim taking into account the impact that it will have on the individual teacher. ./OFFICIAL_SENSITIVE_Rees_Gareth_SoS_Decision.pdf-I have also asked myself, whether a less intrusive measure, such as the published ./OFFICIAL_SENSITIVE_Rees_Gareth_SoS_Decision.pdf-finding of unacceptable professional conduct and conduct that may bring the profession ./OFFICIAL_SENSITIVE_Rees_Gareth_SoS_Decision.pdf-into disrepute, would itself be sufficient to achieve the overall aim. I have to consider -- ./OFFICIAL_SENSITIVE_Rees_Gareth_SoS_Decision.pdf-In this case, I have placed considerable weight on the following comments from the panel ./OFFICIAL_SENSITIVE_Rees_Gareth_SoS_Decision.pdf-“The panel considered Mr Rees to have a deep-seated attitude given the number of ./OFFICIAL_SENSITIVE_Rees_Gareth_SoS_Decision.pdf-images found on his mobile phone; the severity of those images; the search terms he ./OFFICIAL_SENSITIVE_Rees_Gareth_SoS_Decision.pdf-used; his opening of a ‘paedophile handbook’; and his discussion on social media about ./OFFICIAL_SENSITIVE_Rees_Gareth_SoS_Decision.pdf:children engaging in sexual activity. Such behaviour is harmful in encouraging the ./OFFICIAL_SENSITIVE_Rees_Gareth_SoS_Decision.pdf-exploitation of children in this way”. ./OFFICIAL_SENSITIVE_Rees_Gareth_SoS_Decision.pdf- ./OFFICIAL_SENSITIVE_Rees_Gareth_SoS_Decision.pdf-I have given less weight in my consideration of sanction therefore, to the contribution that ./OFFICIAL_SENSITIVE_Rees_Gareth_SoS_Decision.pdf-Mr Rees has made to the profession. In my view, it is necessary to impose a prohibition ./OFFICIAL_SENSITIVE_Rees_Gareth_SoS_Decision.pdf-order in order to maintain public confidence in the profession. A published decision, in ./OFFICIAL_SENSITIVE_Rees_Gareth_SoS_Decision.pdf-light of the circumstances in this case, that is not backed up by remorse or insight, does ./OFFICIAL_SENSITIVE_Rees_Gareth_SoS_Decision.pdf-not in my view satisfy the public interest requirement concerning public confidence in the ./OFFICIAL_SENSITIVE_Rees_Gareth_SoS_Decision.pdf-profession. ./OFFICIAL_SENSITIVE_Rees_Gareth_SoS_Decision.pdf- ./OFFICIAL_SENSITIVE_Rees_Gareth_SoS_Decision.pdf-For these reasons, I have concluded that a prohibition order is proportionate and in the ./OFFICIAL_SENSITIVE_Rees_Gareth_SoS_Decision.pdf-public interest in order to achieve the intended aims of a prohibition order. ./OFFICIAL_SENSITIVE_Rees_Gareth_SoS_Decision.pdf- ./OFFICIAL_SENSITIVE_Rees_Gareth_SoS_Decision.pdf-I have gone on to consider the matter of a review period. In this case, the panel has ./OFFICIAL_SENSITIVE_Rees_Gareth_SoS_Decision.pdf-recommended that no provision should be made for a review period. ./OFFICIAL_SENSITIVE_Rees_Gareth_SoS_Decision.pdf- ./OFFICIAL_SENSITIVE_Rees_Gareth_SoS_Decision.pdf-I have considered the panel’s comments “The Advice indicates that there are behaviours ./OFFICIAL_SENSITIVE_Rees_Gareth_SoS_Decision.pdf-that, if proved, would militate against the recommendation of a review period. These ./OFFICIAL_SENSITIVE_Rees_Gareth_SoS_Decision.pdf-behaviours include: ./OFFICIAL_SENSITIVE_Rees_Gareth_SoS_Decision.pdf- ./OFFICIAL_SENSITIVE_Rees_Gareth_SoS_Decision.pdf: • serious sexual misconduct, eg where the act was sexually motivated and resulted ./OFFICIAL_SENSITIVE_Rees_Gareth_SoS_Decision.pdf- in, or had the potential to result in, harm to a person or persons, particularly where ./OFFICIAL_SENSITIVE_Rees_Gareth_SoS_Decision.pdf- the individual has used their professional position to influence or exploit a person ./OFFICIAL_SENSITIVE_Rees_Gareth_SoS_Decision.pdf- or persons; and ./OFFICIAL_SENSITIVE_Rees_Gareth_SoS_Decision.pdf- • any activity involving viewing, taking, making, possessing, distributing or ./OFFICIAL_SENSITIVE_Rees_Gareth_SoS_Decision.pdf- publishing any indecent photograph or image or pseudo photograph or image of a ./OFFICIAL_SENSITIVE_Rees_Gareth_SoS_Decision.pdf- child. ./OFFICIAL_SENSITIVE_Rees_Gareth_SoS_Decision.pdf-The panel found that Mr Rees was responsible for such behaviours”. ./OFFICIAL_SENSITIVE_Rees_Gareth_SoS_Decision.pdf- ./OFFICIAL_SENSITIVE_Rees_Gareth_SoS_Decision.pdf-I have considered whether not allowing for a review period reflects the seriousness of the ./OFFICIAL_SENSITIVE_Rees_Gareth_SoS_Decision.pdf-findings and is a proportionate period to achieve the aim of maintaining public confidence ./Official_Sensitive_Ryan_Damien_SoS_decision_Redacted_2.0.pdf- ./Official_Sensitive_Ryan_Damien_SoS_decision_Redacted_2.0.pdf- (i) "Muslims deserve no lands" ./Official_Sensitive_Ryan_Damien_SoS_decision_Redacted_2.0.pdf- ./Official_Sensitive_Ryan_Damien_SoS_decision_Redacted_2.0.pdf- (ii) "Muslims deserve no countries" ./Official_Sensitive_Ryan_Damien_SoS_decision_Redacted_2.0.pdf- ./Official_Sensitive_Ryan_Damien_SoS_decision_Redacted_2.0.pdf- (iii) "All Muslim countries are stolen from others" ./Official_Sensitive_Ryan_Damien_SoS_decision_Redacted_2.0.pdf- ./Official_Sensitive_Ryan_Damien_SoS_decision_Redacted_2.0.pdf-2 His behaviour as may be found proven at allegation 1 above; ./Official_Sensitive_Ryan_Damien_SoS_decision_Redacted_2.0.pdf- ./Official_Sensitive_Ryan_Damien_SoS_decision_Redacted_2.0.pdf- a) demonstrated intolerance and/or hatred on the grounds of race/religion or ./Official_Sensitive_Ryan_Damien_SoS_decision_Redacted_2.0.pdf: sexual orientation; ./Official_Sensitive_Ryan_Damien_SoS_decision_Redacted_2.0.pdf- ./Official_Sensitive_Ryan_Damien_SoS_decision_Redacted_2.0.pdf- b) undermined fundamental British values, in particular individual liberty and ./Official_Sensitive_Ryan_Damien_SoS_decision_Redacted_2.0.pdf- mutual respect and tolerance of those with different faiths and beliefs. ./Official_Sensitive_Ryan_Damien_SoS_decision_Redacted_2.0.pdf- ./Official_Sensitive_Ryan_Damien_SoS_decision_Redacted_2.0.pdf- ./Official_Sensitive_Ryan_Damien_SoS_decision_Redacted_2.0.pdf- 4 ./Official_Sensitive_Ryan_Damien_SoS_decision_Redacted_2.0.pdf- ./Official_Sensitive_Ryan_Damien_SoS_decision_Redacted_2.0.pdf- 2 ./Official_Sensitive_Ryan_Damien_SoS_decision_Redacted_2.0.pdf- -- ./Official_Sensitive_Ryan_Damien_SoS_decision_Redacted_2.0.pdf- ./Official_Sensitive_Ryan_Damien_SoS_decision_Redacted_2.0.pdf-The original panel received an application from Mr Perkins, the presenting officer, to ./Official_Sensitive_Ryan_Damien_SoS_decision_Redacted_2.0.pdf-admit an undated letter addressed to Mr Ryan from South Yorkshire Police which was ./Official_Sensitive_Ryan_Damien_SoS_decision_Redacted_2.0.pdf-referred to in the evidence of Witness A. Mr Ryan had received this document and no ./Official_Sensitive_Ryan_Damien_SoS_decision_Redacted_2.0.pdf-objection was made to this document's admission. The panel agreed to admit this ./Official_Sensitive_Ryan_Damien_SoS_decision_Redacted_2.0.pdf-document as relevant to the allegations, and there was no unfairness in its admission. ./Official_Sensitive_Ryan_Damien_SoS_decision_Redacted_2.0.pdf- ./Official_Sensitive_Ryan_Damien_SoS_decision_Redacted_2.0.pdf-The original panel received an application from Mr Ryan to admit a range of documents ./Official_Sensitive_Ryan_Damien_SoS_decision_Redacted_2.0.pdf-comprising: ./Official_Sensitive_Ryan_Damien_SoS_decision_Redacted_2.0.pdf- ./Official_Sensitive_Ryan_Damien_SoS_decision_Redacted_2.0.pdf: - publicly available press reports relating to allegations of sexual abuse and ./Official_Sensitive_Ryan_Damien_SoS_decision_Redacted_2.0.pdf- misconduct; ./Official_Sensitive_Ryan_Damien_SoS_decision_Redacted_2.0.pdf- ./Official_Sensitive_Ryan_Damien_SoS_decision_Redacted_2.0.pdf- - reports on alleged criminal activities; ./Official_Sensitive_Ryan_Damien_SoS_decision_Redacted_2.0.pdf- ./Official_Sensitive_Ryan_Damien_SoS_decision_Redacted_2.0.pdf- - extracts from Islamic theological texts; ./Official_Sensitive_Ryan_Damien_SoS_decision_Redacted_2.0.pdf- ./Official_Sensitive_Ryan_Damien_SoS_decision_Redacted_2.0.pdf- - publicly available comments by MPs and other public figures; ./Official_Sensitive_Ryan_Damien_SoS_decision_Redacted_2.0.pdf- ./Official_Sensitive_Ryan_Damien_SoS_decision_Redacted_2.0.pdf- - various photographs of political demonstrations and the aftermath of violent ./Official_Sensitive_Ryan_Damien_SoS_decision_Redacted_2.0.pdf- activity; ./Official_Sensitive_Ryan_Damien_SoS_decision_Redacted_2.0.pdf- ./Official_Sensitive_Ryan_Damien_SoS_decision_Redacted_2.0.pdf- - a map of France said to relate to attacks on churches; ./Official_Sensitive_Ryan_Damien_SoS_decision_Redacted_2.0.pdf- ./Official_Sensitive_Ryan_Damien_SoS_decision_Redacted_2.0.pdf- - a letter to Individual A from his MP dated 25 July 2019 in relation to concerns he ./Official_Sensitive_Ryan_Damien_SoS_decision_Redacted_2.0.pdf: had raised regarding sexual exploitation of children. ./Official_Sensitive_Ryan_Damien_SoS_decision_Redacted_2.0.pdf- ./Official_Sensitive_Ryan_Damien_SoS_decision_Redacted_2.0.pdf-The documents were said to have been sent to the TRA outside the timescales referred ./Official_Sensitive_Ryan_Damien_SoS_decision_Redacted_2.0.pdf-to in Rule 4.20 of four weeks. However, the panel noted that some of the documents had ./Official_Sensitive_Ryan_Damien_SoS_decision_Redacted_2.0.pdf-already been provided to the TRA, and in any event the TRA have had an opportunity to ./Official_Sensitive_Ryan_Damien_SoS_decision_Redacted_2.0.pdf-review the documents and make submissions so there is no unfairness in their ./Official_Sensitive_Ryan_Damien_SoS_decision_Redacted_2.0.pdf-admission. The principal consideration then is that of relevance in accordance with Rules ./Official_Sensitive_Ryan_Damien_SoS_decision_Redacted_2.0.pdf-4.18 and 4.19. ./Official_Sensitive_Ryan_Damien_SoS_decision_Redacted_2.0.pdf- ./Official_Sensitive_Ryan_Damien_SoS_decision_Redacted_2.0.pdf-The panel notes that the MP's letter referred to, as submitted by the presenting officer, ./Official_Sensitive_Ryan_Damien_SoS_decision_Redacted_2.0.pdf-may involve Individual A [Redacted] being asked to engage in giving evidence. However, -- ./Official_Sensitive_Ryan_Damien_SoS_decision_Redacted_2.0.pdf-duties in line with a Government-sanctioned programme and there is no evidence ./Official_Sensitive_Ryan_Damien_SoS_decision_Redacted_2.0.pdf-whatsoever that he acted otherwise than fairly. However, for present purposes, whilst the ./Official_Sensitive_Ryan_Damien_SoS_decision_Redacted_2.0.pdf-evidence of Witness A was of assistance in terms of context, his evidence was of limited ./Official_Sensitive_Ryan_Damien_SoS_decision_Redacted_2.0.pdf-direct relevance to the allegations in this case. ./Official_Sensitive_Ryan_Damien_SoS_decision_Redacted_2.0.pdf- ./Official_Sensitive_Ryan_Damien_SoS_decision_Redacted_2.0.pdf-The panel heard evidence from Mr Ryan. The panel found Mr Ryan to be an intelligent, ./Official_Sensitive_Ryan_Damien_SoS_decision_Redacted_2.0.pdf-articulate and reflective man. It was clear that Mr Ryan is a man with [Redacted], and the ./Official_Sensitive_Ryan_Damien_SoS_decision_Redacted_2.0.pdf-panel makes absolutely no criticism of that whatsoever. ./Official_Sensitive_Ryan_Damien_SoS_decision_Redacted_2.0.pdf- ./Official_Sensitive_Ryan_Damien_SoS_decision_Redacted_2.0.pdf-In evidence, Mr Ryan stated that his personal convictions were nourished by a well- ./Official_Sensitive_Ryan_Damien_SoS_decision_Redacted_2.0.pdf:publicised child sexual exploitation case in Rotherham which had involved a number of ./Official_Sensitive_Ryan_Damien_SoS_decision_Redacted_2.0.pdf-men mostly from the Pakistani Muslim community. This case had resulted in public ./Official_Sensitive_Ryan_Damien_SoS_decision_Redacted_2.0.pdf-criticism of the police for allegedly failing to take action more quickly due to perceived ./Official_Sensitive_Ryan_Damien_SoS_decision_Redacted_2.0.pdf-cultural and political sensitivities. Reference was made to a publicly available report into ./Official_Sensitive_Ryan_Damien_SoS_decision_Redacted_2.0.pdf-this matter, but this report was not in evidence before the panel. This issue was put ./Official_Sensitive_Ryan_Damien_SoS_decision_Redacted_2.0.pdf-before the panel as explanatory evidence as to how Mr Ryan had come to form the view ./Official_Sensitive_Ryan_Damien_SoS_decision_Redacted_2.0.pdf-that some or all of the doctrines of the Islamic faith themselves posed a risk to public ./Official_Sensitive_Ryan_Damien_SoS_decision_Redacted_2.0.pdf-order and safety, and as to how he came to publish or disseminate the videos and re- ./Official_Sensitive_Ryan_Damien_SoS_decision_Redacted_2.0.pdf-tweets in question. For the avoidance of doubt, this panel was not, and is not, concerned ./Official_Sensitive_Ryan_Damien_SoS_decision_Redacted_2.0.pdf-with the determination of such issues. ./Official_Sensitive_Ryan_Damien_SoS_decision_Redacted_2.0.pdf- -- ./Official_Sensitive_Ryan_Damien_SoS_decision_Redacted_2.0.pdf- ./Official_Sensitive_Ryan_Damien_SoS_decision_Redacted_2.0.pdf- (iii) "All Muslim countries are stolen from others" ./Official_Sensitive_Ryan_Damien_SoS_decision_Redacted_2.0.pdf- ./Official_Sensitive_Ryan_Damien_SoS_decision_Redacted_2.0.pdf-Allegations 1a) and 1b) were admitted by Mr Ryan and they were supported by the ./Official_Sensitive_Ryan_Damien_SoS_decision_Redacted_2.0.pdf-evidence presented to the panel. The allegations were therefore, found proved. ./Official_Sensitive_Ryan_Damien_SoS_decision_Redacted_2.0.pdf- ./Official_Sensitive_Ryan_Damien_SoS_decision_Redacted_2.0.pdf-In relation to Allegation 1a), the panel noted that it had not had sight of any of the videos, ./Official_Sensitive_Ryan_Damien_SoS_decision_Redacted_2.0.pdf-but considered the captions and still images which Mr Ryan accepted related to the ./Official_Sensitive_Ryan_Damien_SoS_decision_Redacted_2.0.pdf-videos. The TRA submitted that the captions and videos had been created and made ./Official_Sensitive_Ryan_Damien_SoS_decision_Redacted_2.0.pdf-publicly available by Mr Ryan, and that the content was discriminatory and demonstrated ./Official_Sensitive_Ryan_Damien_SoS_decision_Redacted_2.0.pdf:intolerance of other religious beliefs and beliefs regarding gender or sexual orientation. ./Official_Sensitive_Ryan_Damien_SoS_decision_Redacted_2.0.pdf- ./Official_Sensitive_Ryan_Damien_SoS_decision_Redacted_2.0.pdf-Mr Ryan, in evidence, explained that he had deep concerns about the role of Islam in ./Official_Sensitive_Ryan_Damien_SoS_decision_Redacted_2.0.pdf-society and took the view that the doctrines of Islam themselves should be considered as ./Official_Sensitive_Ryan_Damien_SoS_decision_Redacted_2.0.pdf:the contextual background in relation to a number of well-publicised child sexual ./Official_Sensitive_Ryan_Damien_SoS_decision_Redacted_2.0.pdf-exploitation cases, as well as more broadly in relation to the perpetration of acts of ./Official_Sensitive_Ryan_Damien_SoS_decision_Redacted_2.0.pdf-violence and terrorism. Mr Ryan stated that he had no issue with individuals practising ./Official_Sensitive_Ryan_Damien_SoS_decision_Redacted_2.0.pdf-Islam per se, or with Muslims – but rather with the ideology of Islam. ./Official_Sensitive_Ryan_Damien_SoS_decision_Redacted_2.0.pdf- ./Official_Sensitive_Ryan_Damien_SoS_decision_Redacted_2.0.pdf-Mr Ryan stated he was of the view that public bodies in the UK were reluctant to criticise ./Official_Sensitive_Ryan_Damien_SoS_decision_Redacted_2.0.pdf-the doctrines of Islam, and that public bodies had been overly sensitive in their handling ./Official_Sensitive_Ryan_Damien_SoS_decision_Redacted_2.0.pdf-of a number of criminal matters for fear of offending the Muslim community; Mr Ryan ./Official_Sensitive_Ryan_Damien_SoS_decision_Redacted_2.0.pdf-made a similar point in relation to beliefs regarding transgenderism. He stated that he ./Official_Sensitive_Ryan_Damien_SoS_decision_Redacted_2.0.pdf-had no concern with individuals who had such views and exercised personal decisions, ./Official_Sensitive_Ryan_Damien_SoS_decision_Redacted_2.0.pdf-as his religious beliefs encouraged him to show humanity and compassion to all people. -- ./Official_Sensitive_Ryan_Damien_SoS_decision_Redacted_2.0.pdf-Mr Ryan again accepted in cross-examination that, on reflection, the words "did not look ./Official_Sensitive_Ryan_Damien_SoS_decision_Redacted_2.0.pdf-good". Mr Ryan accepted that the expressions in question could be deemed to be ./Official_Sensitive_Ryan_Damien_SoS_decision_Redacted_2.0.pdf-derogatory and expressed a level of regret and embarrassment at having re-tweeted the ./Official_Sensitive_Ryan_Damien_SoS_decision_Redacted_2.0.pdf-content. ./Official_Sensitive_Ryan_Damien_SoS_decision_Redacted_2.0.pdf- ./Official_Sensitive_Ryan_Damien_SoS_decision_Redacted_2.0.pdf-The panel found allegation 1 b) proved in its entirety on the basis set out above. ./Official_Sensitive_Ryan_Damien_SoS_decision_Redacted_2.0.pdf- ./Official_Sensitive_Ryan_Damien_SoS_decision_Redacted_2.0.pdf-2) Your behaviour as may be found proven at allegation 1 above; ./Official_Sensitive_Ryan_Damien_SoS_decision_Redacted_2.0.pdf- ./Official_Sensitive_Ryan_Damien_SoS_decision_Redacted_2.0.pdf- a) demonstrated intolerance and/or hatred on the grounds of race/religion ./Official_Sensitive_Ryan_Damien_SoS_decision_Redacted_2.0.pdf: and/or sexual orientation; ./Official_Sensitive_Ryan_Damien_SoS_decision_Redacted_2.0.pdf- ./Official_Sensitive_Ryan_Damien_SoS_decision_Redacted_2.0.pdf- b) undermined fundamental British values, in particular individual liberty ./Official_Sensitive_Ryan_Damien_SoS_decision_Redacted_2.0.pdf- and mutual respect and tolerance of those with different faiths and beliefs. ./Official_Sensitive_Ryan_Damien_SoS_decision_Redacted_2.0.pdf- ./Official_Sensitive_Ryan_Damien_SoS_decision_Redacted_2.0.pdf- ./Official_Sensitive_Ryan_Damien_SoS_decision_Redacted_2.0.pdf- ./Official_Sensitive_Ryan_Damien_SoS_decision_Redacted_2.0.pdf- 14 ./Official_Sensitive_Ryan_Damien_SoS_decision_Redacted_2.0.pdf- ./Official_Sensitive_Ryan_Damien_SoS_decision_Redacted_2.0.pdf- 2 ./Official_Sensitive_Ryan_Damien_SoS_decision_Redacted_2.0.pdf- -- ./Official_Sensitive_Ryan_Damien_SoS_decision_Redacted_2.0.pdf-In relation to allegation 2 a), there was no evidence that Mr Ryan expressed or held any ./Official_Sensitive_Ryan_Damien_SoS_decision_Redacted_2.0.pdf:racist views, or that he expressed any hatred on the grounds of religion or sexual ./Official_Sensitive_Ryan_Damien_SoS_decision_Redacted_2.0.pdf-orientation. However, for the reasons set out above, Mr Ryan's communications at ./Official_Sensitive_Ryan_Damien_SoS_decision_Redacted_2.0.pdf-allegations 1 a) i) and ii) and 1 b) represented a demonstration of intransigent views ./Official_Sensitive_Ryan_Damien_SoS_decision_Redacted_2.0.pdf-which, whatever their intention, would obviously not have been conducive to creating ./Official_Sensitive_Ryan_Damien_SoS_decision_Redacted_2.0.pdf-open debate, and were aggressive and derogatory in tone. ./Official_Sensitive_Ryan_Damien_SoS_decision_Redacted_2.0.pdf- ./Official_Sensitive_Ryan_Damien_SoS_decision_Redacted_2.0.pdf-For those reasons, the panel was of the view that Mr Ryan did demonstrate intolerance ./Official_Sensitive_Ryan_Damien_SoS_decision_Redacted_2.0.pdf:on the grounds of religious (allegation 1a) i) and ii) and b) and sexual orientation ./Official_Sensitive_Ryan_Damien_SoS_decision_Redacted_2.0.pdf-(allegation 1a) i)). In particular, Mr Ryan's communications expressed fixed views in a ./Official_Sensitive_Ryan_Damien_SoS_decision_Redacted_2.0.pdf-tone of language which was derogatory of other groups and did not encourage open ./Official_Sensitive_Ryan_Damien_SoS_decision_Redacted_2.0.pdf-debate. Allegation 2 a) is found proved on this basis. ./Official_Sensitive_Ryan_Damien_SoS_decision_Redacted_2.0.pdf- ./Official_Sensitive_Ryan_Damien_SoS_decision_Redacted_2.0.pdf-In relation to allegation 2 b) the panel found that the matters found proved at allegations ./Official_Sensitive_Ryan_Damien_SoS_decision_Redacted_2.0.pdf-1 a) i) and ii) and 1b) did demonstrate a lack of respect and tolerance for those with ./Official_Sensitive_Ryan_Damien_SoS_decision_Redacted_2.0.pdf-different faiths and beliefs – and to that extent undermined the fundamental British values ./Official_Sensitive_Ryan_Damien_SoS_decision_Redacted_2.0.pdf-referred to in the Teachers' Standards. Allegation 2 b) is proved on this basis. ./Official_Sensitive_Ryan_Damien_SoS_decision_Redacted_2.0.pdf- ./Official_Sensitive_Ryan_Damien_SoS_decision_Redacted_2.0.pdf-Findings as to unacceptable professional conduct and/or conduct that -- ./Official_Sensitive_Ryan_Damien_SoS_decision_Redacted_2.0.pdf-The panel found that Mr Ryan has demonstrated behaviour associated with intolerance ./Official_Sensitive_Ryan_Damien_SoS_decision_Redacted_2.0.pdf:on the grounds of race/religion or sexual orientation. However, Mr Ryan has never been ./Official_Sensitive_Ryan_Damien_SoS_decision_Redacted_2.0.pdf-investigated nor prosecuted for any criminal offence. ./Official_Sensitive_Ryan_Damien_SoS_decision_Redacted_2.0.pdf- ./Official_Sensitive_Ryan_Damien_SoS_decision_Redacted_2.0.pdf-The panel noted that the allegations took place outside the education setting. Indeed, at ./Official_Sensitive_Ryan_Damien_SoS_decision_Redacted_2.0.pdf-no point, did Mr Ryan make his professional role public, or introduce his views into a ./Official_Sensitive_Ryan_Damien_SoS_decision_Redacted_2.0.pdf-school setting. There was also no evidence that any pupil or parent at the School was ./Official_Sensitive_Ryan_Damien_SoS_decision_Redacted_2.0.pdf-exposed to the content in question. Notwithstanding this, the conduct clearly had the ./Official_Sensitive_Ryan_Damien_SoS_decision_Redacted_2.0.pdf-potential to affect the way in which he fulfilled his teaching role or may have led to pupils ./Official_Sensitive_Ryan_Damien_SoS_decision_Redacted_2.0.pdf-being exposed to, or influenced by, the behaviour in a harmful way. For example, some ./Official_Sensitive_Ryan_Damien_SoS_decision_Redacted_2.0.pdf-pupils could have viewed the content and experienced offence or distress whereas ./Official_Sensitive_Ryan_Damien_SoS_decision_Redacted_2.0.pdf-others could have been encouraged to express negative and/or derogatory opinions of -- ./Official_Sensitive_Ryan_Damien_SoS_decision_Redacted_2.0.pdf-given in order to be punitive, or to show that blame has been apportioned, although they ./Official_Sensitive_Ryan_Damien_SoS_decision_Redacted_2.0.pdf-are likely to have punitive effect. ./Official_Sensitive_Ryan_Damien_SoS_decision_Redacted_2.0.pdf- ./Official_Sensitive_Ryan_Damien_SoS_decision_Redacted_2.0.pdf-The panel has considered the particular public interest considerations set out in the ./Official_Sensitive_Ryan_Damien_SoS_decision_Redacted_2.0.pdf-Advice and having done so has found a number of them to be relevant in this case, ./Official_Sensitive_Ryan_Damien_SoS_decision_Redacted_2.0.pdf-namely: the maintenance of public confidence in the profession and declaring and ./Official_Sensitive_Ryan_Damien_SoS_decision_Redacted_2.0.pdf-upholding proper standards of conduct, and the interest of retaining the teacher in the ./Official_Sensitive_Ryan_Damien_SoS_decision_Redacted_2.0.pdf-profession. ./Official_Sensitive_Ryan_Damien_SoS_decision_Redacted_2.0.pdf- ./Official_Sensitive_Ryan_Damien_SoS_decision_Redacted_2.0.pdf-In light of the panel’s findings against Mr Ryan, which involved findings that he had ./Official_Sensitive_Ryan_Damien_SoS_decision_Redacted_2.0.pdf:demonstrated intolerance on the grounds of religion and sexual orientation and that he ./Official_Sensitive_Ryan_Damien_SoS_decision_Redacted_2.0.pdf-had undermined fundamental British values of mutual respect and tolerance of those with ./Official_Sensitive_Ryan_Damien_SoS_decision_Redacted_2.0.pdf-different faiths and beliefs, there was a strong public interest consideration in respect of ./Official_Sensitive_Ryan_Damien_SoS_decision_Redacted_2.0.pdf-the protection of pupils. ./Official_Sensitive_Ryan_Damien_SoS_decision_Redacted_2.0.pdf- ./Official_Sensitive_Ryan_Damien_SoS_decision_Redacted_2.0.pdf-Similarly, the panel considered that public confidence in the profession could be seriously ./Official_Sensitive_Ryan_Damien_SoS_decision_Redacted_2.0.pdf-weakened if conduct such as that found against Mr Ryan were not treated with the ./Official_Sensitive_Ryan_Damien_SoS_decision_Redacted_2.0.pdf-utmost seriousness when regulating the conduct of the profession. ./Official_Sensitive_Ryan_Damien_SoS_decision_Redacted_2.0.pdf- ./Official_Sensitive_Ryan_Damien_SoS_decision_Redacted_2.0.pdf-The panel was of the view that a strong public interest consideration in declaring proper ./Official_Sensitive_Ryan_Damien_SoS_decision_Redacted_2.0.pdf-standards of conduct in the profession was also present as the conduct found against Mr -- ./Official_Sensitive_Ryan_Damien_SoS_decision_Redacted_2.0.pdf-The Advice indicates that there are behaviours that, if proved, would militate against the ./Official_Sensitive_Ryan_Damien_SoS_decision_Redacted_2.0.pdf-recommendation of a review period. One of these behaviours was present, namely ./Official_Sensitive_Ryan_Damien_SoS_decision_Redacted_2.0.pdf:intolerance on the grounds of religion or sexual orientation. However, the panel took the ./Official_Sensitive_Ryan_Damien_SoS_decision_Redacted_2.0.pdf-view that the conduct of Mr Ryan required specific consideration, both in terms of his ./Official_Sensitive_Ryan_Damien_SoS_decision_Redacted_2.0.pdf-attitude to it and the overall context. Mr Ryan was not engaged in a concerted or ./Official_Sensitive_Ryan_Damien_SoS_decision_Redacted_2.0.pdf-sustained attempt to disseminate harmful content or intolerant views. Whilst not isolated ./Official_Sensitive_Ryan_Damien_SoS_decision_Redacted_2.0.pdf-as such, the conduct was relatively limited in nature and scope. More importantly though, ./Official_Sensitive_Ryan_Damien_SoS_decision_Redacted_2.0.pdf-Mr Ryan was able to give a coherent, articulate and compelling account as to how he had ./Official_Sensitive_Ryan_Damien_SoS_decision_Redacted_2.0.pdf-come to make such comments previously, and how he had come to regret his actions ./Official_Sensitive_Ryan_Damien_SoS_decision_Redacted_2.0.pdf-and appreciate the negative impact they could have on his teaching role. Put simply, the ./Official_Sensitive_Ryan_Damien_SoS_decision_Redacted_2.0.pdf-panel is satisfied that Mr Ryan has demonstrated a level of insight and remorse such that ./Official_Sensitive_Ryan_Damien_SoS_decision_Redacted_2.0.pdf-a review period should be specified, and is of the view that the shortest period, namely ./Official_Sensitive_Ryan_Damien_SoS_decision_Redacted_2.0.pdf-two years, should apply in his case. -- ./Official_Sensitive_Ryan_Damien_SoS_decision_Redacted_2.0.pdf-The panel has gone on to say “The Advice indicates that where behaviours associated ./Official_Sensitive_Ryan_Damien_SoS_decision_Redacted_2.0.pdf-with the offences referred to exist, a panel is likely to conclude that an individual’s ./Official_Sensitive_Ryan_Damien_SoS_decision_Redacted_2.0.pdf-conduct would amount to unacceptable professional conduct and conduct which may ./Official_Sensitive_Ryan_Damien_SoS_decision_Redacted_2.0.pdf-bring the profession into disrepute.” ./Official_Sensitive_Ryan_Damien_SoS_decision_Redacted_2.0.pdf- ./Official_Sensitive_Ryan_Damien_SoS_decision_Redacted_2.0.pdf-The panel has also found that “Mr Ryan has demonstrated behaviour associated with ./Official_Sensitive_Ryan_Damien_SoS_decision_Redacted_2.0.pdf:intolerance on the grounds of race/religion or sexual orientation. However, Mr Ryan has ./Official_Sensitive_Ryan_Damien_SoS_decision_Redacted_2.0.pdf-never been investigated nor prosecuted for any criminal offence.” ./Official_Sensitive_Ryan_Damien_SoS_decision_Redacted_2.0.pdf- ./Official_Sensitive_Ryan_Damien_SoS_decision_Redacted_2.0.pdf-I have to determine whether the imposition of a prohibition order is proportionate and in ./Official_Sensitive_Ryan_Damien_SoS_decision_Redacted_2.0.pdf-the public interest. In considering that for this case, I have considered the overall aim of a ./Official_Sensitive_Ryan_Damien_SoS_decision_Redacted_2.0.pdf-prohibition order which is to protect pupils and to maintain public confidence in the ./Official_Sensitive_Ryan_Damien_SoS_decision_Redacted_2.0.pdf-profession. I have considered the extent to which a prohibition order in this case would ./Official_Sensitive_Ryan_Damien_SoS_decision_Redacted_2.0.pdf-achieve that aim taking into account the impact that it will have on the individual teacher. ./Official_Sensitive_Ryan_Damien_SoS_decision_Redacted_2.0.pdf-I have also asked myself, whether a less intrusive measure, such as the published ./Official_Sensitive_Ryan_Damien_SoS_decision_Redacted_2.0.pdf-finding of unacceptable professional conduct and conduct that may bring the profession ./Official_Sensitive_Ryan_Damien_SoS_decision_Redacted_2.0.pdf-into disrepute, would itself be sufficient to achieve the overall aim. I have to consider ./OFFICIAL_SENSITIVE_Simms_Andrew_SoS_decision_Redacted.pdf-The panel considered the allegations set out in the notice of proceedings dated 13 May ./OFFICIAL_SENSITIVE_Simms_Andrew_SoS_decision_Redacted.pdf-2022. The following allegations are the amended allegations (as detailed in the ./OFFICIAL_SENSITIVE_Simms_Andrew_SoS_decision_Redacted.pdf-preliminary applications section). ./OFFICIAL_SENSITIVE_Simms_Andrew_SoS_decision_Redacted.pdf- ./OFFICIAL_SENSITIVE_Simms_Andrew_SoS_decision_Redacted.pdf-It was alleged that Mr Simms was guilty of unacceptable professional conduct and ./OFFICIAL_SENSITIVE_Simms_Andrew_SoS_decision_Redacted.pdf-conduct that may bring the profession into disrepute, in that: ./OFFICIAL_SENSITIVE_Simms_Andrew_SoS_decision_Redacted.pdf- ./OFFICIAL_SENSITIVE_Simms_Andrew_SoS_decision_Redacted.pdf-1) You engaged in and/or developed an inappropriate relationship with Pupil B in that: ./OFFICIAL_SENSITIVE_Simms_Andrew_SoS_decision_Redacted.pdf- ./OFFICIAL_SENSITIVE_Simms_Andrew_SoS_decision_Redacted.pdf- a. You exchanged inappropriate messages including but not limited to messages ./OFFICIAL_SENSITIVE_Simms_Andrew_SoS_decision_Redacted.pdf: of a sexual nature; ./OFFICIAL_SENSITIVE_Simms_Andrew_SoS_decision_Redacted.pdf- b. Received an explicit image of her, ./OFFICIAL_SENSITIVE_Simms_Andrew_SoS_decision_Redacted.pdf: c. Engaged in sexual contact and/or sexual intercourse with her: ./OFFICIAL_SENSITIVE_Simms_Andrew_SoS_decision_Redacted.pdf- i. When she was under 16 years of age; ./OFFICIAL_SENSITIVE_Simms_Andrew_SoS_decision_Redacted.pdf- ii. At or around the date of the [REDACTED] ./OFFICIAL_SENSITIVE_Simms_Andrew_SoS_decision_Redacted.pdf- iii. On or around 10 January 2018. ./OFFICIAL_SENSITIVE_Simms_Andrew_SoS_decision_Redacted.pdf- ./OFFICIAL_SENSITIVE_Simms_Andrew_SoS_decision_Redacted.pdf-2) You failed to maintain appropriate professional boundaries with Pupil A and/or Pupil C ./OFFICIAL_SENSITIVE_Simms_Andrew_SoS_decision_Redacted.pdf-including by: ./OFFICIAL_SENSITIVE_Simms_Andrew_SoS_decision_Redacted.pdf- ./OFFICIAL_SENSITIVE_Simms_Andrew_SoS_decision_Redacted.pdf- a. Engaging in inappropriate conversations with Pupil A and Pupil C including: ./OFFICIAL_SENSITIVE_Simms_Andrew_SoS_decision_Redacted.pdf- i. Asking Pupil A whether she was wearing a bra; ./OFFICIAL_SENSITIVE_Simms_Andrew_SoS_decision_Redacted.pdf- ii. Informing Pupil A that she was 'your type" or words to that effect; ./OFFICIAL_SENSITIVE_Simms_Andrew_SoS_decision_Redacted.pdf- iii. Stating that she was "gorgeous" or words to that effect; ./OFFICIAL_SENSITIVE_Simms_Andrew_SoS_decision_Redacted.pdf: iv. Discussing engaging in group sexual activity with one or more pupils. ./OFFICIAL_SENSITIVE_Simms_Andrew_SoS_decision_Redacted.pdf- ./OFFICIAL_SENSITIVE_Simms_Andrew_SoS_decision_Redacted.pdf-3) Your behaviour as may be proven at Allegations 1 and/or 2 above was conduct of a ./OFFICIAL_SENSITIVE_Simms_Andrew_SoS_decision_Redacted.pdf:sexual nature and/or was sexually motivated. ./OFFICIAL_SENSITIVE_Simms_Andrew_SoS_decision_Redacted.pdf- ./OFFICIAL_SENSITIVE_Simms_Andrew_SoS_decision_Redacted.pdf:4) You informed police in 2018 that you had not previously engaged in sexual contact ./OFFICIAL_SENSITIVE_Simms_Andrew_SoS_decision_Redacted.pdf:and/or sexual intercourse with Pupil B when in fact you had. ./OFFICIAL_SENSITIVE_Simms_Andrew_SoS_decision_Redacted.pdf- ./OFFICIAL_SENSITIVE_Simms_Andrew_SoS_decision_Redacted.pdf-5) You discussed the school's investigation into your conduct at Allegations (1)-(2) above ./OFFICIAL_SENSITIVE_Simms_Andrew_SoS_decision_Redacted.pdf-with one or more colleagues in 2018 contrary to an instruction not to do so. ./OFFICIAL_SENSITIVE_Simms_Andrew_SoS_decision_Redacted.pdf- ./OFFICIAL_SENSITIVE_Simms_Andrew_SoS_decision_Redacted.pdf-6) Your conduct as may be found proven at Allegations (4)-(5) above was dishonest ./OFFICIAL_SENSITIVE_Simms_Andrew_SoS_decision_Redacted.pdf-and/or lacked integrity. ./OFFICIAL_SENSITIVE_Simms_Andrew_SoS_decision_Redacted.pdf- ./OFFICIAL_SENSITIVE_Simms_Andrew_SoS_decision_Redacted.pdf-There was not an agreed statement of facts before the panel. There were written ./OFFICIAL_SENSITIVE_Simms_Andrew_SoS_decision_Redacted.pdf-representations from Mr Simms's solicitors dated 31 January 2020 and correspondence ./OFFICIAL_SENSITIVE_Simms_Andrew_SoS_decision_Redacted.pdf-(including the response to the notice of referral) from Mr Simms dated 25 September -- ./OFFICIAL_SENSITIVE_Simms_Andrew_SoS_decision_Redacted.pdf- ./OFFICIAL_SENSITIVE_Simms_Andrew_SoS_decision_Redacted.pdf-Decision and reasons ./OFFICIAL_SENSITIVE_Simms_Andrew_SoS_decision_Redacted.pdf-The panel carefully considered the case before it and reached a decision. The panel has ./OFFICIAL_SENSITIVE_Simms_Andrew_SoS_decision_Redacted.pdf-also considered and followed the advice of the legal adviser given in the hearing. ./OFFICIAL_SENSITIVE_Simms_Andrew_SoS_decision_Redacted.pdf- ./OFFICIAL_SENSITIVE_Simms_Andrew_SoS_decision_Redacted.pdf-Mr Simms joined CTC Kingshurst College as a teacher of engineering on 5 December ./OFFICIAL_SENSITIVE_Simms_Andrew_SoS_decision_Redacted.pdf-2014. He taught from ages 11 to 18 and was later promoted to head of engineering. ./OFFICIAL_SENSITIVE_Simms_Andrew_SoS_decision_Redacted.pdf- ./OFFICIAL_SENSITIVE_Simms_Andrew_SoS_decision_Redacted.pdf-On 17 January 2018, Pupil A disclosed to another teacher at CTC Kingshurst College ./OFFICIAL_SENSITIVE_Simms_Andrew_SoS_decision_Redacted.pdf-that she and Pupil C had been receiving inappropriate messages from Mr Simms and ./OFFICIAL_SENSITIVE_Simms_Andrew_SoS_decision_Redacted.pdf:that she was aware that Pupil B had been having sexual intercourse with Mr Simms. ./OFFICIAL_SENSITIVE_Simms_Andrew_SoS_decision_Redacted.pdf- ./OFFICIAL_SENSITIVE_Simms_Andrew_SoS_decision_Redacted.pdf-Mr Simms was suspended by the College on 18 January 2018. A number of ./OFFICIAL_SENSITIVE_Simms_Andrew_SoS_decision_Redacted.pdf-investigations commenced including by the College, Local Authority Designated Officer ./OFFICIAL_SENSITIVE_Simms_Andrew_SoS_decision_Redacted.pdf-and the police. Following the conclusion of the College's investigation, a referral was ./OFFICIAL_SENSITIVE_Simms_Andrew_SoS_decision_Redacted.pdf-made to the TRA. ./OFFICIAL_SENSITIVE_Simms_Andrew_SoS_decision_Redacted.pdf- ./OFFICIAL_SENSITIVE_Simms_Andrew_SoS_decision_Redacted.pdf-The police investigation included interviewing a number of pupils which were video ./OFFICIAL_SENSITIVE_Simms_Andrew_SoS_decision_Redacted.pdf-recorded (commonly referred to as an 'ABE interview') and Mr Simms was interviewed ./OFFICIAL_SENSITIVE_Simms_Andrew_SoS_decision_Redacted.pdf-under caution. This investigation resulted in criminal charges being brought against Mr ./OFFICIAL_SENSITIVE_Simms_Andrew_SoS_decision_Redacted.pdf- -- ./OFFICIAL_SENSITIVE_Simms_Andrew_SoS_decision_Redacted.pdf-Snapchat account and sent him a message pretending to be someone else. Pupil B ./OFFICIAL_SENSITIVE_Simms_Andrew_SoS_decision_Redacted.pdf-explained that Mr Simms worked out it was her straight away and they continued to talk ./OFFICIAL_SENSITIVE_Simms_Andrew_SoS_decision_Redacted.pdf-by Snapchat frequently. ./OFFICIAL_SENSITIVE_Simms_Andrew_SoS_decision_Redacted.pdf- ./OFFICIAL_SENSITIVE_Simms_Andrew_SoS_decision_Redacted.pdf:Pupil B stated that on 29 June 2017, Mr Simms and she had sexual intercourse for the ./OFFICIAL_SENSITIVE_Simms_Andrew_SoS_decision_Redacted.pdf-first time. This date would have made Pupil B [REDACTED] at the time. Pupil B explained ./OFFICIAL_SENSITIVE_Simms_Andrew_SoS_decision_Redacted.pdf-that she could remember this date as it was the day before the [REDACTED]. Pupil B ./OFFICIAL_SENSITIVE_Simms_Andrew_SoS_decision_Redacted.pdf-and Mr Simms were messaging each other and Pupil B told Mr Simms that her father ./OFFICIAL_SENSITIVE_Simms_Andrew_SoS_decision_Redacted.pdf-was out, as [REDACTED], and she was at home and free to meet him. Mr Simms told her ./OFFICIAL_SENSITIVE_Simms_Andrew_SoS_decision_Redacted.pdf-that he would leave the gym early and come and pick her up, which he did from the ./OFFICIAL_SENSITIVE_Simms_Andrew_SoS_decision_Redacted.pdf-[REDACTED]. Pupil B described Mr Simms as wearing shorts and a vest top at the time. ./OFFICIAL_SENSITIVE_Simms_Andrew_SoS_decision_Redacted.pdf-They went back to Mr Simms's house and sat and drank a cup of tea. Mr Simms then led ./OFFICIAL_SENSITIVE_Simms_Andrew_SoS_decision_Redacted.pdf:Pupil B upstairs and they started to kiss and it lead on to sexual intercourse. ./OFFICIAL_SENSITIVE_Simms_Andrew_SoS_decision_Redacted.pdf- ./OFFICIAL_SENSITIVE_Simms_Andrew_SoS_decision_Redacted.pdf-The relationship continued. Pupil B explained she continued to meet up with Mr Simms ./OFFICIAL_SENSITIVE_Simms_Andrew_SoS_decision_Redacted.pdf:and would often go to his house and have sex with Mr Simms, when his wife was out ./OFFICIAL_SENSITIVE_Simms_Andrew_SoS_decision_Redacted.pdf-working in the evening. This included Mr Simms also buying her outfits to wear when she ./OFFICIAL_SENSITIVE_Simms_Andrew_SoS_decision_Redacted.pdf-was with him. ./OFFICIAL_SENSITIVE_Simms_Andrew_SoS_decision_Redacted.pdf- ./OFFICIAL_SENSITIVE_Simms_Andrew_SoS_decision_Redacted.pdf-In September 2017, [REDACTED], Pupil B started at a new college, but still continued to ./OFFICIAL_SENSITIVE_Simms_Andrew_SoS_decision_Redacted.pdf-meet up with Mr Simms. Pupil B explained that on occasion Mr Simms would still assist ./OFFICIAL_SENSITIVE_Simms_Andrew_SoS_decision_Redacted.pdf-her with her college work when she went to see him. Pupil B explained towards the end ./OFFICIAL_SENSITIVE_Simms_Andrew_SoS_decision_Redacted.pdf:of the year she started to feel guilty about the sexual relationship, particularly as Mr ./OFFICIAL_SENSITIVE_Simms_Andrew_SoS_decision_Redacted.pdf-Simms was married, had a family, and also because she had become interested in ./OFFICIAL_SENSITIVE_Simms_Andrew_SoS_decision_Redacted.pdf-another boy. ./OFFICIAL_SENSITIVE_Simms_Andrew_SoS_decision_Redacted.pdf- ./OFFICIAL_SENSITIVE_Simms_Andrew_SoS_decision_Redacted.pdf:Pupil B explained that the last time she had sexual intercourse with Mr Simms was in ./OFFICIAL_SENSITIVE_Simms_Andrew_SoS_decision_Redacted.pdf-December 2017. There was further messaging into January 2018, but it stopped ./OFFICIAL_SENSITIVE_Simms_Andrew_SoS_decision_Redacted.pdf-following Mr Simms's suspension from the College and there was no more contact after ./OFFICIAL_SENSITIVE_Simms_Andrew_SoS_decision_Redacted.pdf-that point. ./OFFICIAL_SENSITIVE_Simms_Andrew_SoS_decision_Redacted.pdf- ./OFFICIAL_SENSITIVE_Simms_Andrew_SoS_decision_Redacted.pdf-In his written representations, Mr Simms accepted there had been an inappropriate ./OFFICIAL_SENSITIVE_Simms_Andrew_SoS_decision_Redacted.pdf:consensual sexual relationship with Pupil B, but that it started in September 2017 when ./OFFICIAL_SENSITIVE_Simms_Andrew_SoS_decision_Redacted.pdf-Pupil B was then [REDACTED]. He denied the relationship had started when Pupil B was ./OFFICIAL_SENSITIVE_Simms_Andrew_SoS_decision_Redacted.pdf-[REDACTED]. ./OFFICIAL_SENSITIVE_Simms_Andrew_SoS_decision_Redacted.pdf- ./OFFICIAL_SENSITIVE_Simms_Andrew_SoS_decision_Redacted.pdf-Mr Simms also advanced: "The TRA has to accept that they are dealing with teenage ./OFFICIAL_SENSITIVE_Simms_Andrew_SoS_decision_Redacted.pdf-girls… There is a high likelihood of the risk of exaggeration and attention seeking”. The ./OFFICIAL_SENSITIVE_Simms_Andrew_SoS_decision_Redacted.pdf-panel do not share that view. In the absence of Mr Simms, the panel spent a significant ./OFFICIAL_SENSITIVE_Simms_Andrew_SoS_decision_Redacted.pdf-period of time questioning Pupil B to ensure they had the complete picture of her ./OFFICIAL_SENSITIVE_Simms_Andrew_SoS_decision_Redacted.pdf-evidence. The panel considered that Pupil B's evidence was measured, she spoke ./OFFICIAL_SENSITIVE_Simms_Andrew_SoS_decision_Redacted.pdf-candidly about difficult and sensitive topics and made appropriate concessions, where ./OFFICIAL_SENSITIVE_Simms_Andrew_SoS_decision_Redacted.pdf-she did not have the knowledge regarding certain topics. She immediately corrected any -- ./OFFICIAL_SENSITIVE_Simms_Andrew_SoS_decision_Redacted.pdf-carefully considered the issue surrounding Pupil B's change of account to the police. ./OFFICIAL_SENSITIVE_Simms_Andrew_SoS_decision_Redacted.pdf-Pupil B's evidence was that she was worried about getting Mr Simms into any more ./OFFICIAL_SENSITIVE_Simms_Andrew_SoS_decision_Redacted.pdf-trouble at first and did not think he had really done anything wrong. It was only after ./OFFICIAL_SENSITIVE_Simms_Andrew_SoS_decision_Redacted.pdf-receiving some counselling between the two police interviews, that Pupil B gained a ./OFFICIAL_SENSITIVE_Simms_Andrew_SoS_decision_Redacted.pdf-better understanding that the relationship between them was inappropriate and that she ./OFFICIAL_SENSITIVE_Simms_Andrew_SoS_decision_Redacted.pdf-should not have felt guilty about it or disclosing when it started. The panel accepted this a ./OFFICIAL_SENSITIVE_Simms_Andrew_SoS_decision_Redacted.pdf-wholly reasonable explanation. The panel therefore considered Pupil B's evidence to be ./OFFICIAL_SENSITIVE_Simms_Andrew_SoS_decision_Redacted.pdf-highly credible. ./OFFICIAL_SENSITIVE_Simms_Andrew_SoS_decision_Redacted.pdf- ./OFFICIAL_SENSITIVE_Simms_Andrew_SoS_decision_Redacted.pdf- a. You exchanged inappropriate messages including but not ./OFFICIAL_SENSITIVE_Simms_Andrew_SoS_decision_Redacted.pdf: limited to messages of a sexual nature; ./OFFICIAL_SENSITIVE_Simms_Andrew_SoS_decision_Redacted.pdf- ./OFFICIAL_SENSITIVE_Simms_Andrew_SoS_decision_Redacted.pdf- b. Received an explicit image of her, ./OFFICIAL_SENSITIVE_Simms_Andrew_SoS_decision_Redacted.pdf- ./OFFICIAL_SENSITIVE_Simms_Andrew_SoS_decision_Redacted.pdf-The panel heard oral evidence from Pupil B who explained during the course of her and ./OFFICIAL_SENSITIVE_Simms_Andrew_SoS_decision_Redacted.pdf-Mr Simms messaging each other, Mr Simms had asked Pupil B to send images of herself ./OFFICIAL_SENSITIVE_Simms_Andrew_SoS_decision_Redacted.pdf-to him. Pupil B said she had sent a number of images of herself to Mr Simms, including ./OFFICIAL_SENSITIVE_Simms_Andrew_SoS_decision_Redacted.pdf-nude photos. Pupil B also stated that Mr Simms did not send any inappropriate images of ./OFFICIAL_SENSITIVE_Simms_Andrew_SoS_decision_Redacted.pdf-himself to her. This account was also consistent with the account Pupil B gave to the ./OFFICIAL_SENSITIVE_Simms_Andrew_SoS_decision_Redacted.pdf-police in the earlier investigation. ./OFFICIAL_SENSITIVE_Simms_Andrew_SoS_decision_Redacted.pdf- -- ./OFFICIAL_SENSITIVE_Simms_Andrew_SoS_decision_Redacted.pdf: c. Engaged in sexual contact and/or sexual intercourse with her: ./OFFICIAL_SENSITIVE_Simms_Andrew_SoS_decision_Redacted.pdf- ./OFFICIAL_SENSITIVE_Simms_Andrew_SoS_decision_Redacted.pdf- i. When she was under 16 years of age; ./OFFICIAL_SENSITIVE_Simms_Andrew_SoS_decision_Redacted.pdf- ./OFFICIAL_SENSITIVE_Simms_Andrew_SoS_decision_Redacted.pdf- ii. At or around the date of the [REDACTED]; ./OFFICIAL_SENSITIVE_Simms_Andrew_SoS_decision_Redacted.pdf- ./OFFICIAL_SENSITIVE_Simms_Andrew_SoS_decision_Redacted.pdf-Pupil B gave evidence to the panel that the [REDACTED] took place on 30 June 2017. ./OFFICIAL_SENSITIVE_Simms_Andrew_SoS_decision_Redacted.pdf-She first gave this date in the second police ABE interview in March 2018. Pupil B ./OFFICIAL_SENSITIVE_Simms_Andrew_SoS_decision_Redacted.pdf-explained that as this was a memorable event for her and that is why she can remember ./OFFICIAL_SENSITIVE_Simms_Andrew_SoS_decision_Redacted.pdf:the date of their first sexual encounter as it happened on 29 June 2017, [REDACTED]. ./OFFICIAL_SENSITIVE_Simms_Andrew_SoS_decision_Redacted.pdf-The College's investigation notes also state the [REDACTED] as taking place in June ./OFFICIAL_SENSITIVE_Simms_Andrew_SoS_decision_Redacted.pdf-2017. ./OFFICIAL_SENSITIVE_Simms_Andrew_SoS_decision_Redacted.pdf- ./OFFICIAL_SENSITIVE_Simms_Andrew_SoS_decision_Redacted.pdf-The panel noted in Mr Simms representations that he advanced in his criminal trial that ./OFFICIAL_SENSITIVE_Simms_Andrew_SoS_decision_Redacted.pdf-he could not have been present with Pupil B on 29 June 2017, as he had records which ./OFFICIAL_SENSITIVE_Simms_Andrew_SoS_decision_Redacted.pdf-showed his was at the gym on that date. Mr Simms did not provide those records to this ./OFFICIAL_SENSITIVE_Simms_Andrew_SoS_decision_Redacted.pdf-panel. ./OFFICIAL_SENSITIVE_Simms_Andrew_SoS_decision_Redacted.pdf- ./OFFICIAL_SENSITIVE_Simms_Andrew_SoS_decision_Redacted.pdf-The panel considered that it was more likely than not that the first time Pupil B and Mr ./OFFICIAL_SENSITIVE_Simms_Andrew_SoS_decision_Redacted.pdf:Simms engaged in sexual intercourse was 29 June 2017. Pupil B's detailed account, ./OFFICIAL_SENSITIVE_Simms_Andrew_SoS_decision_Redacted.pdf-including that she was highly likely to remember the date of the Prom and regarding Mr ./OFFICIAL_SENSITIVE_Simms_Andrew_SoS_decision_Redacted.pdf-Simms's gym attendance were a credible account. The panel were not persuaded that Mr ./OFFICIAL_SENSITIVE_Simms_Andrew_SoS_decision_Redacted.pdf-Simms could not have been with Pupil B, at all that day, on the basis that he made a visit ./OFFICIAL_SENSITIVE_Simms_Andrew_SoS_decision_Redacted.pdf-to a gym. ./OFFICIAL_SENSITIVE_Simms_Andrew_SoS_decision_Redacted.pdf- ./OFFICIAL_SENSITIVE_Simms_Andrew_SoS_decision_Redacted.pdf-Both Pupil B and Mr Simms agreed on the date of birth of Pupil B which is [REDACTED]. ./OFFICIAL_SENSITIVE_Simms_Andrew_SoS_decision_Redacted.pdf-This meant that Pupil B was [REDACTED] on 29 June 2017. ./OFFICIAL_SENSITIVE_Simms_Andrew_SoS_decision_Redacted.pdf- ./OFFICIAL_SENSITIVE_Simms_Andrew_SoS_decision_Redacted.pdf-Accordingly, the panel find sub-allegation i and ii proved. ./OFFICIAL_SENSITIVE_Simms_Andrew_SoS_decision_Redacted.pdf- ./OFFICIAL_SENSITIVE_Simms_Andrew_SoS_decision_Redacted.pdf- iii. On or around 10 January 2018. ./OFFICIAL_SENSITIVE_Simms_Andrew_SoS_decision_Redacted.pdf- ./OFFICIAL_SENSITIVE_Simms_Andrew_SoS_decision_Redacted.pdf:Pupil B gave oral evidence that the sexual element of her relationship with Mr Simms ./OFFICIAL_SENSITIVE_Simms_Andrew_SoS_decision_Redacted.pdf-stopped in December 2017. ./OFFICIAL_SENSITIVE_Simms_Andrew_SoS_decision_Redacted.pdf- ./OFFICIAL_SENSITIVE_Simms_Andrew_SoS_decision_Redacted.pdf-In his written representations, Mr Simms denied this sub-allegation. ./OFFICIAL_SENSITIVE_Simms_Andrew_SoS_decision_Redacted.pdf- ./OFFICIAL_SENSITIVE_Simms_Andrew_SoS_decision_Redacted.pdf-The panel noted the only reference to this date in the bundle was in reference to an ./OFFICIAL_SENSITIVE_Simms_Andrew_SoS_decision_Redacted.pdf-apparent disclosure by Pupil A and/or C to another teacher. Pupil C has not provided a ./OFFICIAL_SENSITIVE_Simms_Andrew_SoS_decision_Redacted.pdf-statement or given oral evidence in these proceedings. Pupil A was not taken to this topic ./OFFICIAL_SENSITIVE_Simms_Andrew_SoS_decision_Redacted.pdf-in her oral evidence. ./OFFICIAL_SENSITIVE_Simms_Andrew_SoS_decision_Redacted.pdf- ./OFFICIAL_SENSITIVE_Simms_Andrew_SoS_decision_Redacted.pdf-The panel therefore were not satisfied that it was more likely than not that sub-allegation -- ./OFFICIAL_SENSITIVE_Simms_Andrew_SoS_decision_Redacted.pdf-representations to the TRA. ./OFFICIAL_SENSITIVE_Simms_Andrew_SoS_decision_Redacted.pdf- ./OFFICIAL_SENSITIVE_Simms_Andrew_SoS_decision_Redacted.pdf-The panel considers on this evidence it was more likely than not that Mr Simms referred ./OFFICIAL_SENSITIVE_Simms_Andrew_SoS_decision_Redacted.pdf-to Pupil A as gorgeous and therefore finds this sub-allegation proved, in so far as it ./OFFICIAL_SENSITIVE_Simms_Andrew_SoS_decision_Redacted.pdf-applies to Pupil A. ./OFFICIAL_SENSITIVE_Simms_Andrew_SoS_decision_Redacted.pdf- ./OFFICIAL_SENSITIVE_Simms_Andrew_SoS_decision_Redacted.pdf-The panel did not hear any live evidence, nor was there any signed statement provided ./OFFICIAL_SENSITIVE_Simms_Andrew_SoS_decision_Redacted.pdf-by Pupil C. In this circumstance, the panel considered it would be unfair to consider this ./OFFICIAL_SENSITIVE_Simms_Andrew_SoS_decision_Redacted.pdf-sub-allegation, as it relates to Pupil C, on any remaining hearsay evidence. ./OFFICIAL_SENSITIVE_Simms_Andrew_SoS_decision_Redacted.pdf- ./OFFICIAL_SENSITIVE_Simms_Andrew_SoS_decision_Redacted.pdf: iv. Discussing engaging in group sexual activity with one or ./OFFICIAL_SENSITIVE_Simms_Andrew_SoS_decision_Redacted.pdf- more pupils. ./OFFICIAL_SENSITIVE_Simms_Andrew_SoS_decision_Redacted.pdf- ./OFFICIAL_SENSITIVE_Simms_Andrew_SoS_decision_Redacted.pdf-Both Pupils A and B gave evidence before the panel that they joked between themselves ./OFFICIAL_SENSITIVE_Simms_Andrew_SoS_decision_Redacted.pdf:and Pupil C about group sexual activity with Mr Simms and that it was also said to him as ./OFFICIAL_SENSITIVE_Simms_Andrew_SoS_decision_Redacted.pdf-a joke as well. ./OFFICIAL_SENSITIVE_Simms_Andrew_SoS_decision_Redacted.pdf- ./OFFICIAL_SENSITIVE_Simms_Andrew_SoS_decision_Redacted.pdf-However, the panel was not satisfied on the evidence they heard showed it was more ./OFFICIAL_SENSITIVE_Simms_Andrew_SoS_decision_Redacted.pdf-likely than not that Mr Simms engaged in an inappropriate conversation about group ./OFFICIAL_SENSITIVE_Simms_Andrew_SoS_decision_Redacted.pdf:sexual activity and therefore find this sub-allegation not proved. ./OFFICIAL_SENSITIVE_Simms_Andrew_SoS_decision_Redacted.pdf- ./OFFICIAL_SENSITIVE_Simms_Andrew_SoS_decision_Redacted.pdf- ./OFFICIAL_SENSITIVE_Simms_Andrew_SoS_decision_Redacted.pdf- 13 ./OFFICIAL_SENSITIVE_Simms_Andrew_SoS_decision_Redacted.pdf- -- ./OFFICIAL_SENSITIVE_Simms_Andrew_SoS_decision_Redacted.pdf-3) Your behaviour as may be proven at Allegations 1 and/or 2 above ./OFFICIAL_SENSITIVE_Simms_Andrew_SoS_decision_Redacted.pdf:was conduct of a sexual nature and/or was sexually motivated. ./OFFICIAL_SENSITIVE_Simms_Andrew_SoS_decision_Redacted.pdf- ./OFFICIAL_SENSITIVE_Simms_Andrew_SoS_decision_Redacted.pdf-Having found allegations 1 and 2 proved, in so far as they had, the panel then went on to ./OFFICIAL_SENSITIVE_Simms_Andrew_SoS_decision_Redacted.pdf-consider this allegation. ./OFFICIAL_SENSITIVE_Simms_Andrew_SoS_decision_Redacted.pdf- ./OFFICIAL_SENSITIVE_Simms_Andrew_SoS_decision_Redacted.pdf-It was common ground between the TRA and Mr Simms that the relationship between ./OFFICIAL_SENSITIVE_Simms_Andrew_SoS_decision_Redacted.pdf:Pupil B and Mr Simms included a sexual relationship. The evidence before the panel also ./OFFICIAL_SENSITIVE_Simms_Andrew_SoS_decision_Redacted.pdf-showed that to plainly be the case on the balance of probabilities. The panel therefore ./OFFICIAL_SENSITIVE_Simms_Andrew_SoS_decision_Redacted.pdf:find allegation 1 amounts to sexually motivated conduct. ./OFFICIAL_SENSITIVE_Simms_Andrew_SoS_decision_Redacted.pdf- ./OFFICIAL_SENSITIVE_Simms_Andrew_SoS_decision_Redacted.pdf-The panel was satisfied that the circumstances and purpose of communicating with Pupil ./OFFICIAL_SENSITIVE_Simms_Andrew_SoS_decision_Redacted.pdf-A, such as mentioning that he could not control himself around her, was to comment on ./OFFICIAL_SENSITIVE_Simms_Andrew_SoS_decision_Redacted.pdf:her attractiveness in a sexual context. The panel was therefore satisfied it was more ./OFFICIAL_SENSITIVE_Simms_Andrew_SoS_decision_Redacted.pdf:likely than not of a sexual nature and therefore find allegation 2 amounts to conduct of a ./OFFICIAL_SENSITIVE_Simms_Andrew_SoS_decision_Redacted.pdf:sexual nature. ./OFFICIAL_SENSITIVE_Simms_Andrew_SoS_decision_Redacted.pdf- ./OFFICIAL_SENSITIVE_Simms_Andrew_SoS_decision_Redacted.pdf-4) You informed police in 2018 that you had not previously engaged in ./OFFICIAL_SENSITIVE_Simms_Andrew_SoS_decision_Redacted.pdf:sexual contact and/or sexual intercourse with Pupil B when in fact you ./OFFICIAL_SENSITIVE_Simms_Andrew_SoS_decision_Redacted.pdf-had. ./OFFICIAL_SENSITIVE_Simms_Andrew_SoS_decision_Redacted.pdf- ./OFFICIAL_SENSITIVE_Simms_Andrew_SoS_decision_Redacted.pdf-In the police case summary, Mr Simms's interview was summarised as: ./OFFICIAL_SENSITIVE_Simms_Andrew_SoS_decision_Redacted.pdf- ./OFFICIAL_SENSITIVE_Simms_Andrew_SoS_decision_Redacted.pdf- "[Mr Simms] ha[d] an interview on the 18th January and was further interviewed on ./OFFICIAL_SENSITIVE_Simms_Andrew_SoS_decision_Redacted.pdf- the 19th of April following all phone downloads and the DNA evidence on the ./OFFICIAL_SENSITIVE_Simms_Andrew_SoS_decision_Redacted.pdf- underwear. ./OFFICIAL_SENSITIVE_Simms_Andrew_SoS_decision_Redacted.pdf- ./OFFICIAL_SENSITIVE_Simms_Andrew_SoS_decision_Redacted.pdf: [Mr Simms] admitted to having telephone contact but denied any sexual activity. ./OFFICIAL_SENSITIVE_Simms_Andrew_SoS_decision_Redacted.pdf- He could not account for the prescence[sic] of semen." ./OFFICIAL_SENSITIVE_Simms_Andrew_SoS_decision_Redacted.pdf- ./OFFICIAL_SENSITIVE_Simms_Andrew_SoS_decision_Redacted.pdf-In his written representations to the TRA, Mr Simms accepted that he initially denied ./OFFICIAL_SENSITIVE_Simms_Andrew_SoS_decision_Redacted.pdf:having a sexual relationship with Pupil B whilst being interviewed by the police under ./OFFICIAL_SENSITIVE_Simms_Andrew_SoS_decision_Redacted.pdf-caution. ./OFFICIAL_SENSITIVE_Simms_Andrew_SoS_decision_Redacted.pdf- ./OFFICIAL_SENSITIVE_Simms_Andrew_SoS_decision_Redacted.pdf-The panel was therefore satisfied that it was more likely than not that this had taken ./OFFICIAL_SENSITIVE_Simms_Andrew_SoS_decision_Redacted.pdf-place and find this allegation proved. ./OFFICIAL_SENSITIVE_Simms_Andrew_SoS_decision_Redacted.pdf- ./OFFICIAL_SENSITIVE_Simms_Andrew_SoS_decision_Redacted.pdf-5) You discussed the school's investigation into your conduct at ./OFFICIAL_SENSITIVE_Simms_Andrew_SoS_decision_Redacted.pdf-Allegations (1)-(2) above with one or more colleagues in 2018 contrary ./OFFICIAL_SENSITIVE_Simms_Andrew_SoS_decision_Redacted.pdf-to an instruction not to do so. ./OFFICIAL_SENSITIVE_Simms_Andrew_SoS_decision_Redacted.pdf- ./OFFICIAL_SENSITIVE_Simms_Andrew_SoS_decision_Redacted.pdf-The panel considered an email by [REDACTED] (another colleague) to the College, -- ./OFFICIAL_SENSITIVE_Simms_Andrew_SoS_decision_Redacted.pdf- asked what was going on. I was instructed not to discuss the investigation by the ./OFFICIAL_SENSITIVE_Simms_Andrew_SoS_decision_Redacted.pdf- principle[sic] at the end of a letter but this was not reiterated in any way..." ./OFFICIAL_SENSITIVE_Simms_Andrew_SoS_decision_Redacted.pdf- ./OFFICIAL_SENSITIVE_Simms_Andrew_SoS_decision_Redacted.pdf-The panel therefore considered on this evidence it was more likely than not to have taken ./OFFICIAL_SENSITIVE_Simms_Andrew_SoS_decision_Redacted.pdf-place and find this allegation proved to the extent he discussed it with [REDACTED]. ./OFFICIAL_SENSITIVE_Simms_Andrew_SoS_decision_Redacted.pdf- ./OFFICIAL_SENSITIVE_Simms_Andrew_SoS_decision_Redacted.pdf-6) Your conduct as may be found proven at Allegations (4)-(5) above ./OFFICIAL_SENSITIVE_Simms_Andrew_SoS_decision_Redacted.pdf-was dishonest and/or lacked integrity. ./OFFICIAL_SENSITIVE_Simms_Andrew_SoS_decision_Redacted.pdf- ./OFFICIAL_SENSITIVE_Simms_Andrew_SoS_decision_Redacted.pdf-In his written submissions to the TRA, Mr Simms accepted: "I did lie to the police in my ./OFFICIAL_SENSITIVE_Simms_Andrew_SoS_decision_Redacted.pdf:first interview about having a sexual relationship with [Pupil B]." ./OFFICIAL_SENSITIVE_Simms_Andrew_SoS_decision_Redacted.pdf- ./OFFICIAL_SENSITIVE_Simms_Andrew_SoS_decision_Redacted.pdf-The panel firstly considered the factual circumstances known to Mr Simms, namely that ./OFFICIAL_SENSITIVE_Simms_Andrew_SoS_decision_Redacted.pdf:he was aware he had been in a sexual relationship with Pupil B and that he was being ./OFFICIAL_SENSITIVE_Simms_Andrew_SoS_decision_Redacted.pdf-investigated by the police. ./OFFICIAL_SENSITIVE_Simms_Andrew_SoS_decision_Redacted.pdf- ./OFFICIAL_SENSITIVE_Simms_Andrew_SoS_decision_Redacted.pdf-The panel then considered his conduct in telling the police that it was not correct that he ./OFFICIAL_SENSITIVE_Simms_Andrew_SoS_decision_Redacted.pdf:had a sexual relationship with Pupil B was objectively dishonest and he said this to ./OFFICIAL_SENSITIVE_Simms_Andrew_SoS_decision_Redacted.pdf-protect his position and family situation. ./OFFICIAL_SENSITIVE_Simms_Andrew_SoS_decision_Redacted.pdf- ./OFFICIAL_SENSITIVE_Simms_Andrew_SoS_decision_Redacted.pdf-Therefore, the panel is satisfied that Mr Simms conduct in allegation 4 amounted to ./OFFICIAL_SENSITIVE_Simms_Andrew_SoS_decision_Redacted.pdf-dishonesty. ./OFFICIAL_SENSITIVE_Simms_Andrew_SoS_decision_Redacted.pdf- ./OFFICIAL_SENSITIVE_Simms_Andrew_SoS_decision_Redacted.pdf-The presenting officer did not advance the case that the discussion about the suspension ./OFFICIAL_SENSITIVE_Simms_Andrew_SoS_decision_Redacted.pdf-with his colleague would amount to dishonest conduct, only that it could amount to ./OFFICIAL_SENSITIVE_Simms_Andrew_SoS_decision_Redacted.pdf-conduct that lacked in integrity. The panel agreed with this submission. ./OFFICIAL_SENSITIVE_Simms_Andrew_SoS_decision_Redacted.pdf- ./OFFICIAL_SENSITIVE_Simms_Andrew_SoS_decision_Redacted.pdf- -- ./OFFICIAL_SENSITIVE_Simms_Andrew_SoS_decision_Redacted.pdf- with statutory provisions ./OFFICIAL_SENSITIVE_Simms_Andrew_SoS_decision_Redacted.pdf- ./OFFICIAL_SENSITIVE_Simms_Andrew_SoS_decision_Redacted.pdf- o showing tolerance of and respect for the rights of others ./OFFICIAL_SENSITIVE_Simms_Andrew_SoS_decision_Redacted.pdf- ./OFFICIAL_SENSITIVE_Simms_Andrew_SoS_decision_Redacted.pdf-  Teachers must have an understanding of, and always act within, the statutory ./OFFICIAL_SENSITIVE_Simms_Andrew_SoS_decision_Redacted.pdf- frameworks which set out their professional duties and responsibilities. ./OFFICIAL_SENSITIVE_Simms_Andrew_SoS_decision_Redacted.pdf- ./OFFICIAL_SENSITIVE_Simms_Andrew_SoS_decision_Redacted.pdf-The panel was satisfied that the conduct of Mr Simms amounted to misconduct of a ./OFFICIAL_SENSITIVE_Simms_Andrew_SoS_decision_Redacted.pdf-serious nature which fell significantly short of the standards expected of the profession. ./OFFICIAL_SENSITIVE_Simms_Andrew_SoS_decision_Redacted.pdf-Mr Simms had abused the trust of his position at the most serious end of the spectrum by ./OFFICIAL_SENSITIVE_Simms_Andrew_SoS_decision_Redacted.pdf:engaging in a sexual relationship with a pupil and inappropriate communication with ./OFFICIAL_SENSITIVE_Simms_Andrew_SoS_decision_Redacted.pdf-another pupil. ./OFFICIAL_SENSITIVE_Simms_Andrew_SoS_decision_Redacted.pdf- ./OFFICIAL_SENSITIVE_Simms_Andrew_SoS_decision_Redacted.pdf-The panel also considered whether Mr Simms's conduct displayed behaviours associated ./OFFICIAL_SENSITIVE_Simms_Andrew_SoS_decision_Redacted.pdf-with any of the offences listed on pages 10 and 11 of the Advice. ./OFFICIAL_SENSITIVE_Simms_Andrew_SoS_decision_Redacted.pdf- ./OFFICIAL_SENSITIVE_Simms_Andrew_SoS_decision_Redacted.pdf-The panel found that the following offences were relevant: ./OFFICIAL_SENSITIVE_Simms_Andrew_SoS_decision_Redacted.pdf- ./OFFICIAL_SENSITIVE_Simms_Andrew_SoS_decision_Redacted.pdf:  sexual activity ./OFFICIAL_SENSITIVE_Simms_Andrew_SoS_decision_Redacted.pdf- ./OFFICIAL_SENSITIVE_Simms_Andrew_SoS_decision_Redacted.pdf- 16 ./OFFICIAL_SENSITIVE_Simms_Andrew_SoS_decision_Redacted.pdf- -- ./OFFICIAL_SENSITIVE_Simms_Andrew_SoS_decision_Redacted.pdf:  sexual communication with a child ./OFFICIAL_SENSITIVE_Simms_Andrew_SoS_decision_Redacted.pdf- ./OFFICIAL_SENSITIVE_Simms_Andrew_SoS_decision_Redacted.pdf-  any activity involving viewing, possessing any indecent photograph or image of a ./OFFICIAL_SENSITIVE_Simms_Andrew_SoS_decision_Redacted.pdf- child, or permitting any such activity, including one-off incidents ./OFFICIAL_SENSITIVE_Simms_Andrew_SoS_decision_Redacted.pdf- ./OFFICIAL_SENSITIVE_Simms_Andrew_SoS_decision_Redacted.pdf-The Advice indicates that where behaviours associated with such an offence exist, a ./OFFICIAL_SENSITIVE_Simms_Andrew_SoS_decision_Redacted.pdf-panel is likely to conclude that an individual’s conduct would amount to unacceptable ./OFFICIAL_SENSITIVE_Simms_Andrew_SoS_decision_Redacted.pdf-professional conduct. ./OFFICIAL_SENSITIVE_Simms_Andrew_SoS_decision_Redacted.pdf- ./OFFICIAL_SENSITIVE_Simms_Andrew_SoS_decision_Redacted.pdf-Accordingly, the panel was satisfied that Mr Simms was guilty of unacceptable ./OFFICIAL_SENSITIVE_Simms_Andrew_SoS_decision_Redacted.pdf-professional conduct. -- ./OFFICIAL_SENSITIVE_Simms_Andrew_SoS_decision_Redacted.pdf- ./OFFICIAL_SENSITIVE_Simms_Andrew_SoS_decision_Redacted.pdf-  failure in their duty of care towards a child, including exposing a child to risk or ./OFFICIAL_SENSITIVE_Simms_Andrew_SoS_decision_Redacted.pdf- failing to promote the safety and welfare of the children (as set out in Part 1 of ./OFFICIAL_SENSITIVE_Simms_Andrew_SoS_decision_Redacted.pdf- KCSIE); ./OFFICIAL_SENSITIVE_Simms_Andrew_SoS_decision_Redacted.pdf- ./OFFICIAL_SENSITIVE_Simms_Andrew_SoS_decision_Redacted.pdf-  dishonesty or a lack of integrity, including the deliberate concealment of their ./OFFICIAL_SENSITIVE_Simms_Andrew_SoS_decision_Redacted.pdf- actions; ./OFFICIAL_SENSITIVE_Simms_Andrew_SoS_decision_Redacted.pdf- ./OFFICIAL_SENSITIVE_Simms_Andrew_SoS_decision_Redacted.pdf-  violation of the rights of pupils; ./OFFICIAL_SENSITIVE_Simms_Andrew_SoS_decision_Redacted.pdf- ./OFFICIAL_SENSITIVE_Simms_Andrew_SoS_decision_Redacted.pdf:  sexual misconduct, for example, involving actions that were sexually motivated or ./OFFICIAL_SENSITIVE_Simms_Andrew_SoS_decision_Redacted.pdf: of a sexual nature and/or that use or exploit the trust, knowledge or influence ./OFFICIAL_SENSITIVE_Simms_Andrew_SoS_decision_Redacted.pdf- derived from the individual’s professional position; ./OFFICIAL_SENSITIVE_Simms_Andrew_SoS_decision_Redacted.pdf- ./OFFICIAL_SENSITIVE_Simms_Andrew_SoS_decision_Redacted.pdf- 18 ./OFFICIAL_SENSITIVE_Simms_Andrew_SoS_decision_Redacted.pdf- -- ./OFFICIAL_SENSITIVE_Simms_Andrew_SoS_decision_Redacted.pdf-The panel was of the view that, applying the standard of the ordinary intelligent citizen ./OFFICIAL_SENSITIVE_Simms_Andrew_SoS_decision_Redacted.pdf-and balancing the number of behaviours present as set out in the Advice combined with ./OFFICIAL_SENSITIVE_Simms_Andrew_SoS_decision_Redacted.pdf-the lack of any mitigating factors, it would not be a proportionate and appropriate ./OFFICIAL_SENSITIVE_Simms_Andrew_SoS_decision_Redacted.pdf-response to recommend no prohibition order. Recommending that the publication of ./OFFICIAL_SENSITIVE_Simms_Andrew_SoS_decision_Redacted.pdf-adverse findings would be sufficient would unacceptably compromise the public interest ./OFFICIAL_SENSITIVE_Simms_Andrew_SoS_decision_Redacted.pdf-considerations present in this case, despite the severity of the consequences for Mr ./OFFICIAL_SENSITIVE_Simms_Andrew_SoS_decision_Redacted.pdf-Simms of prohibition. ./OFFICIAL_SENSITIVE_Simms_Andrew_SoS_decision_Redacted.pdf- ./OFFICIAL_SENSITIVE_Simms_Andrew_SoS_decision_Redacted.pdf-The panel was of the view that prohibition was both proportionate and appropriate. The ./OFFICIAL_SENSITIVE_Simms_Andrew_SoS_decision_Redacted.pdf-panel decided that the public interest considerations outweighed the interests of Mr ./OFFICIAL_SENSITIVE_Simms_Andrew_SoS_decision_Redacted.pdf:Simms. The serious sexual misconduct by Mr Simms was a significant factor in forming ./OFFICIAL_SENSITIVE_Simms_Andrew_SoS_decision_Redacted.pdf-that opinion. Accordingly, the panel made a recommendation to the Secretary of State ./OFFICIAL_SENSITIVE_Simms_Andrew_SoS_decision_Redacted.pdf-that a prohibition order should be imposed with immediate effect. ./OFFICIAL_SENSITIVE_Simms_Andrew_SoS_decision_Redacted.pdf- ./OFFICIAL_SENSITIVE_Simms_Andrew_SoS_decision_Redacted.pdf-The panel went on to consider whether or not it would be appropriate for it to decide to ./OFFICIAL_SENSITIVE_Simms_Andrew_SoS_decision_Redacted.pdf-recommend a review period of the order. The panel was mindful that the Advice states ./OFFICIAL_SENSITIVE_Simms_Andrew_SoS_decision_Redacted.pdf-that a prohibition order applies for life, but there may be circumstances, in any given ./OFFICIAL_SENSITIVE_Simms_Andrew_SoS_decision_Redacted.pdf-case, that may make it appropriate to allow a teacher to apply to have the prohibition ./OFFICIAL_SENSITIVE_Simms_Andrew_SoS_decision_Redacted.pdf-order reviewed after a specified period of time that may not be less than 2 years. ./OFFICIAL_SENSITIVE_Simms_Andrew_SoS_decision_Redacted.pdf- ./OFFICIAL_SENSITIVE_Simms_Andrew_SoS_decision_Redacted.pdf- -- ./OFFICIAL_SENSITIVE_Simms_Andrew_SoS_decision_Redacted.pdf-The Advice indicates that there are behaviours that, if proved, would militate against the ./OFFICIAL_SENSITIVE_Simms_Andrew_SoS_decision_Redacted.pdf-recommendation of a review period. These behaviours includes: ./OFFICIAL_SENSITIVE_Simms_Andrew_SoS_decision_Redacted.pdf- ./OFFICIAL_SENSITIVE_Simms_Andrew_SoS_decision_Redacted.pdf:  serious sexual misconduct, such as where the act was sexually motivated and ./OFFICIAL_SENSITIVE_Simms_Andrew_SoS_decision_Redacted.pdf- resulted in, or had the potential to result in, harm to a person or persons, ./OFFICIAL_SENSITIVE_Simms_Andrew_SoS_decision_Redacted.pdf- particularly where the individual has used his professional position to influence or ./OFFICIAL_SENSITIVE_Simms_Andrew_SoS_decision_Redacted.pdf- exploit a person or persons; ./OFFICIAL_SENSITIVE_Simms_Andrew_SoS_decision_Redacted.pdf- ./OFFICIAL_SENSITIVE_Simms_Andrew_SoS_decision_Redacted.pdf:  any sexual misconduct involving a child; ./OFFICIAL_SENSITIVE_Simms_Andrew_SoS_decision_Redacted.pdf- ./OFFICIAL_SENSITIVE_Simms_Andrew_SoS_decision_Redacted.pdf-  any activity involving viewing, possessing any indecent image of a child ./OFFICIAL_SENSITIVE_Simms_Andrew_SoS_decision_Redacted.pdf- ./OFFICIAL_SENSITIVE_Simms_Andrew_SoS_decision_Redacted.pdf-The panel found that Mr Simms was responsible for an egregious breach of trust ./OFFICIAL_SENSITIVE_Simms_Andrew_SoS_decision_Redacted.pdf-between a teacher and pupil which it considered incompatible with being a teacher. ./OFFICIAL_SENSITIVE_Simms_Andrew_SoS_decision_Redacted.pdf- ./OFFICIAL_SENSITIVE_Simms_Andrew_SoS_decision_Redacted.pdf-The panel also noted the repetitive nature of Mr Simms's conduct with more than one ./OFFICIAL_SENSITIVE_Simms_Andrew_SoS_decision_Redacted.pdf-pupil. Mr Simms has provided no evidence to show any remorse or insight into his ./OFFICIAL_SENSITIVE_Simms_Andrew_SoS_decision_Redacted.pdf-actions, or that he has taken any steps to remediate his professional failings which would ./OFFICIAL_SENSITIVE_Simms_Andrew_SoS_decision_Redacted.pdf-reduce the risk of any repetition to further harm to pupils. -- ./OFFICIAL_SENSITIVE_Simms_Andrew_SoS_decision_Redacted.pdf- example, failed to notify the designated safeguarding lead; ./OFFICIAL_SENSITIVE_Simms_Andrew_SoS_decision_Redacted.pdf- ./OFFICIAL_SENSITIVE_Simms_Andrew_SoS_decision_Redacted.pdf-  failure in their duty of care towards a child, including exposing a child to risk or ./OFFICIAL_SENSITIVE_Simms_Andrew_SoS_decision_Redacted.pdf- failing to promote the safety and welfare of the children (as set out in Part 1 of ./OFFICIAL_SENSITIVE_Simms_Andrew_SoS_decision_Redacted.pdf- KCSIE); ./OFFICIAL_SENSITIVE_Simms_Andrew_SoS_decision_Redacted.pdf- ./OFFICIAL_SENSITIVE_Simms_Andrew_SoS_decision_Redacted.pdf-The panel finds that the conduct of Mr Simms fell significantly short of the standards ./OFFICIAL_SENSITIVE_Simms_Andrew_SoS_decision_Redacted.pdf-expected of the profession. ./OFFICIAL_SENSITIVE_Simms_Andrew_SoS_decision_Redacted.pdf- ./OFFICIAL_SENSITIVE_Simms_Andrew_SoS_decision_Redacted.pdf-The findings of misconduct are particularly serious as they include an inappropriate ./OFFICIAL_SENSITIVE_Simms_Andrew_SoS_decision_Redacted.pdf:relationship with a pupil, which was sexually motivated. ./OFFICIAL_SENSITIVE_Simms_Andrew_SoS_decision_Redacted.pdf- ./OFFICIAL_SENSITIVE_Simms_Andrew_SoS_decision_Redacted.pdf-I have to determine whether the imposition of a prohibition order is proportionate and in ./OFFICIAL_SENSITIVE_Simms_Andrew_SoS_decision_Redacted.pdf-the public interest. In considering that for this case, I have considered the overall aim of a ./OFFICIAL_SENSITIVE_Simms_Andrew_SoS_decision_Redacted.pdf-prohibition order which is to protect pupils and to maintain public confidence in the ./OFFICIAL_SENSITIVE_Simms_Andrew_SoS_decision_Redacted.pdf-profession. I have considered the extent to which a prohibition order in this case would ./OFFICIAL_SENSITIVE_Simms_Andrew_SoS_decision_Redacted.pdf-achieve that aim taking into account the impact that it will have on the individual teacher. ./OFFICIAL_SENSITIVE_Simms_Andrew_SoS_decision_Redacted.pdf-I have also asked myself, whether a less intrusive measure, such as the published ./OFFICIAL_SENSITIVE_Simms_Andrew_SoS_decision_Redacted.pdf-finding of unacceptable professional conduct and conduct that may bring the profession ./OFFICIAL_SENSITIVE_Simms_Andrew_SoS_decision_Redacted.pdf-into disrepute, would itself be sufficient to achieve the overall aim. I have to consider ./OFFICIAL_SENSITIVE_Simms_Andrew_SoS_decision_Redacted.pdf-whether the consequences of such a publication are themselves sufficient. I have -- ./OFFICIAL_SENSITIVE_Simms_Andrew_SoS_decision_Redacted.pdf-insight into his actions, or that he has taken any steps to remediate his professional ./OFFICIAL_SENSITIVE_Simms_Andrew_SoS_decision_Redacted.pdf-failings which would reduce the risk of any repetition to further harm to pupils.” In my ./OFFICIAL_SENSITIVE_Simms_Andrew_SoS_decision_Redacted.pdf-judgement, the lack of insight or remorse means that there is some risk of the repetition ./OFFICIAL_SENSITIVE_Simms_Andrew_SoS_decision_Redacted.pdf-of this behaviour and this puts at risk the future wellbeing of pupils’. I have therefore ./OFFICIAL_SENSITIVE_Simms_Andrew_SoS_decision_Redacted.pdf-given this element considerable weight in reaching my decision. ./OFFICIAL_SENSITIVE_Simms_Andrew_SoS_decision_Redacted.pdf- ./OFFICIAL_SENSITIVE_Simms_Andrew_SoS_decision_Redacted.pdf-I have gone on to consider the extent to which a prohibition order would maintain public ./OFFICIAL_SENSITIVE_Simms_Andrew_SoS_decision_Redacted.pdf-confidence in the profession. The panel observe, “public confidence in the profession ./OFFICIAL_SENSITIVE_Simms_Andrew_SoS_decision_Redacted.pdf-could be seriously weakened if conduct such as that found against Mr Simms were not ./OFFICIAL_SENSITIVE_Simms_Andrew_SoS_decision_Redacted.pdf-treated with the utmost seriousness when regulating the conduct of the profession.” I am ./OFFICIAL_SENSITIVE_Simms_Andrew_SoS_decision_Redacted.pdf:particularly mindful of the finding of serious sexual misconduct in this case and the ./OFFICIAL_SENSITIVE_Simms_Andrew_SoS_decision_Redacted.pdf-impact that such a finding has on the reputation of the profession. ./OFFICIAL_SENSITIVE_Simms_Andrew_SoS_decision_Redacted.pdf- ./OFFICIAL_SENSITIVE_Simms_Andrew_SoS_decision_Redacted.pdf-I have had to consider that the public has a high expectation of professional standards of ./OFFICIAL_SENSITIVE_Simms_Andrew_SoS_decision_Redacted.pdf-all teachers and that the public might regard a failure to impose a prohibition order as a ./OFFICIAL_SENSITIVE_Simms_Andrew_SoS_decision_Redacted.pdf-failure to uphold those high standards. In weighing these considerations, I have had to ./OFFICIAL_SENSITIVE_Simms_Andrew_SoS_decision_Redacted.pdf-consider the matter from the point of view of an “ordinary intelligent and well-informed ./OFFICIAL_SENSITIVE_Simms_Andrew_SoS_decision_Redacted.pdf-citizen.” ./OFFICIAL_SENSITIVE_Simms_Andrew_SoS_decision_Redacted.pdf- ./OFFICIAL_SENSITIVE_Simms_Andrew_SoS_decision_Redacted.pdf-I have considered whether the publication of a finding of unacceptable professional ./OFFICIAL_SENSITIVE_Simms_Andrew_SoS_decision_Redacted.pdf-conduct, in the absence of a prohibition order, can itself be regarded by such a person as ./OFFICIAL_SENSITIVE_SoS_decision_-_Mr_Colin_Wilkes__18335___Redacted__for_Publishing.pdf-Allegations ./OFFICIAL_SENSITIVE_SoS_decision_-_Mr_Colin_Wilkes__18335___Redacted__for_Publishing.pdf-The panel considered the allegations set out in the notice of meeting dated 12 January ./OFFICIAL_SENSITIVE_SoS_decision_-_Mr_Colin_Wilkes__18335___Redacted__for_Publishing.pdf-2022. ./OFFICIAL_SENSITIVE_SoS_decision_-_Mr_Colin_Wilkes__18335___Redacted__for_Publishing.pdf- ./OFFICIAL_SENSITIVE_SoS_decision_-_Mr_Colin_Wilkes__18335___Redacted__for_Publishing.pdf-It was alleged that Mr Wilkes was guilty of having been convicted of a relevant offence, in ./OFFICIAL_SENSITIVE_SoS_decision_-_Mr_Colin_Wilkes__18335___Redacted__for_Publishing.pdf-that: ./OFFICIAL_SENSITIVE_SoS_decision_-_Mr_Colin_Wilkes__18335___Redacted__for_Publishing.pdf- ./OFFICIAL_SENSITIVE_SoS_decision_-_Mr_Colin_Wilkes__18335___Redacted__for_Publishing.pdf- 1. On or around 23 July 2020, he was convicted at the Worcester Crown Court for ./OFFICIAL_SENSITIVE_SoS_decision_-_Mr_Colin_Wilkes__18335___Redacted__for_Publishing.pdf: five offences of sexual activity with a female aged 13 – 17 years and in doing so ./OFFICIAL_SENSITIVE_SoS_decision_-_Mr_Colin_Wilkes__18335___Redacted__for_Publishing.pdf- abused his position of trust, for which he was sentenced to imprisonment for 20 ./OFFICIAL_SENSITIVE_SoS_decision_-_Mr_Colin_Wilkes__18335___Redacted__for_Publishing.pdf- months on or around 4 September 2020. ./OFFICIAL_SENSITIVE_SoS_decision_-_Mr_Colin_Wilkes__18335___Redacted__for_Publishing.pdf-It was also alleged that Mr Wilkes was guilty of unacceptable professional conduct and/or ./OFFICIAL_SENSITIVE_SoS_decision_-_Mr_Colin_Wilkes__18335___Redacted__for_Publishing.pdf-conduct that may bring the profession into disrepute in that: ./OFFICIAL_SENSITIVE_SoS_decision_-_Mr_Colin_Wilkes__18335___Redacted__for_Publishing.pdf- ./OFFICIAL_SENSITIVE_SoS_decision_-_Mr_Colin_Wilkes__18335___Redacted__for_Publishing.pdf: 2. He engaged in a sexual relationship with Pupil C in or around 1990; ./OFFICIAL_SENSITIVE_SoS_decision_-_Mr_Colin_Wilkes__18335___Redacted__for_Publishing.pdf: 3. His behaviour as may be found proven at allegation 2 was conduct of a sexual ./OFFICIAL_SENSITIVE_SoS_decision_-_Mr_Colin_Wilkes__18335___Redacted__for_Publishing.pdf: nature and/or sexually motivated; ./OFFICIAL_SENSITIVE_SoS_decision_-_Mr_Colin_Wilkes__18335___Redacted__for_Publishing.pdf- 4. Whilst employed as a teacher at the Hereford Cathedral School between ./OFFICIAL_SENSITIVE_SoS_decision_-_Mr_Colin_Wilkes__18335___Redacted__for_Publishing.pdf- September 1988 and February 2019 and in respect of an incident when he was ./OFFICIAL_SENSITIVE_SoS_decision_-_Mr_Colin_Wilkes__18335___Redacted__for_Publishing.pdf- alleged to have kissed Pupil A in or around 2008; ./OFFICIAL_SENSITIVE_SoS_decision_-_Mr_Colin_Wilkes__18335___Redacted__for_Publishing.pdf- a. he instructed Pupil B not to tell anyone that he had kissed Pupil A or used ./OFFICIAL_SENSITIVE_SoS_decision_-_Mr_Colin_Wilkes__18335___Redacted__for_Publishing.pdf- words to that effect; ./OFFICIAL_SENSITIVE_SoS_decision_-_Mr_Colin_Wilkes__18335___Redacted__for_Publishing.pdf- b. he informed the school that Pupil A had kissed him on the cheek when in fact; ./OFFICIAL_SENSITIVE_SoS_decision_-_Mr_Colin_Wilkes__18335___Redacted__for_Publishing.pdf- i. he had passionately kissed Pupil A; ./OFFICIAL_SENSITIVE_SoS_decision_-_Mr_Colin_Wilkes__18335___Redacted__for_Publishing.pdf: ii. he was at that time engaged in a sexual relationship with Pupil A; ./OFFICIAL_SENSITIVE_SoS_decision_-_Mr_Colin_Wilkes__18335___Redacted__for_Publishing.pdf- 5. His conduct as may be found proven at allegation 4a and/or 4b above lacked ./OFFICIAL_SENSITIVE_SoS_decision_-_Mr_Colin_Wilkes__18335___Redacted__for_Publishing.pdf- integrity and/ or was dishonest in that he was seeking to conceal his conduct. ./OFFICIAL_SENSITIVE_SoS_decision_-_Mr_Colin_Wilkes__18335___Redacted__for_Publishing.pdf-Mr Wilkes has admitted the facts of the allegation and that his actions amount to ./OFFICIAL_SENSITIVE_SoS_decision_-_Mr_Colin_Wilkes__18335___Redacted__for_Publishing.pdf-unacceptable professional conduct; conduct that may bring the profession into disrepute ./OFFICIAL_SENSITIVE_SoS_decision_-_Mr_Colin_Wilkes__18335___Redacted__for_Publishing.pdf-and conviction of a relevant offence, as alleged. ./OFFICIAL_SENSITIVE_SoS_decision_-_Mr_Colin_Wilkes__18335___Redacted__for_Publishing.pdf- ./OFFICIAL_SENSITIVE_SoS_decision_-_Mr_Colin_Wilkes__18335___Redacted__for_Publishing.pdf- ./OFFICIAL_SENSITIVE_SoS_decision_-_Mr_Colin_Wilkes__18335___Redacted__for_Publishing.pdf-Preliminary applications ./OFFICIAL_SENSITIVE_SoS_decision_-_Mr_Colin_Wilkes__18335___Redacted__for_Publishing.pdf-Applicable Procedures ./OFFICIAL_SENSITIVE_SoS_decision_-_Mr_Colin_Wilkes__18335___Redacted__for_Publishing.pdf- -- ./OFFICIAL_SENSITIVE_SoS_decision_-_Mr_Colin_Wilkes__18335___Redacted__for_Publishing.pdf-Wilkes resigned from the school on 13 February 2019. ./OFFICIAL_SENSITIVE_SoS_decision_-_Mr_Colin_Wilkes__18335___Redacted__for_Publishing.pdf- ./OFFICIAL_SENSITIVE_SoS_decision_-_Mr_Colin_Wilkes__18335___Redacted__for_Publishing.pdf-Findings of fact ./OFFICIAL_SENSITIVE_SoS_decision_-_Mr_Colin_Wilkes__18335___Redacted__for_Publishing.pdf- ./OFFICIAL_SENSITIVE_SoS_decision_-_Mr_Colin_Wilkes__18335___Redacted__for_Publishing.pdf-The findings of fact are as follows: ./OFFICIAL_SENSITIVE_SoS_decision_-_Mr_Colin_Wilkes__18335___Redacted__for_Publishing.pdf- ./OFFICIAL_SENSITIVE_SoS_decision_-_Mr_Colin_Wilkes__18335___Redacted__for_Publishing.pdf-The panel found the following particulars of the allegations against you proved, for these ./OFFICIAL_SENSITIVE_SoS_decision_-_Mr_Colin_Wilkes__18335___Redacted__for_Publishing.pdf-reasons: ./OFFICIAL_SENSITIVE_SoS_decision_-_Mr_Colin_Wilkes__18335___Redacted__for_Publishing.pdf- ./OFFICIAL_SENSITIVE_SoS_decision_-_Mr_Colin_Wilkes__18335___Redacted__for_Publishing.pdf- 1. On or around 23 July 2020, you were convicted at the Worcester Crown ./OFFICIAL_SENSITIVE_SoS_decision_-_Mr_Colin_Wilkes__18335___Redacted__for_Publishing.pdf: Court for five offences of sexual activity with a female aged 13 – 17 years ./OFFICIAL_SENSITIVE_SoS_decision_-_Mr_Colin_Wilkes__18335___Redacted__for_Publishing.pdf- and in doing so abused your position of trust, for which you were sentenced ./OFFICIAL_SENSITIVE_SoS_decision_-_Mr_Colin_Wilkes__18335___Redacted__for_Publishing.pdf- to imprisonment for 20 months on or around 4 September 2020. ./OFFICIAL_SENSITIVE_SoS_decision_-_Mr_Colin_Wilkes__18335___Redacted__for_Publishing.pdf-Mr Wilkes admits this allegation in the statement of agreed facts, confirming that he was ./OFFICIAL_SENSITIVE_SoS_decision_-_Mr_Colin_Wilkes__18335___Redacted__for_Publishing.pdf-convicted in respect of his conduct towards Pupil A. ./OFFICIAL_SENSITIVE_SoS_decision_-_Mr_Colin_Wilkes__18335___Redacted__for_Publishing.pdf- ./OFFICIAL_SENSITIVE_SoS_decision_-_Mr_Colin_Wilkes__18335___Redacted__for_Publishing.pdf-Furthermore, the panel has seen the certificate of conviction confirming the details of Mr ./OFFICIAL_SENSITIVE_SoS_decision_-_Mr_Colin_Wilkes__18335___Redacted__for_Publishing.pdf-Wilkes’ conviction and sentencing as set out in the allegation. The panel accepts the ./OFFICIAL_SENSITIVE_SoS_decision_-_Mr_Colin_Wilkes__18335___Redacted__for_Publishing.pdf-conviction as conclusive proof that establishes the relevant facts. ./OFFICIAL_SENSITIVE_SoS_decision_-_Mr_Colin_Wilkes__18335___Redacted__for_Publishing.pdf- ./OFFICIAL_SENSITIVE_SoS_decision_-_Mr_Colin_Wilkes__18335___Redacted__for_Publishing.pdf-In the statement of agreed facts, Mr Wilkes admits that when Pupil A was in the sixth ./OFFICIAL_SENSITIVE_SoS_decision_-_Mr_Colin_Wilkes__18335___Redacted__for_Publishing.pdf:form, he was Pupil A’s teacher and that he engaged in a sexual relationship with her, ./OFFICIAL_SENSITIVE_SoS_decision_-_Mr_Colin_Wilkes__18335___Redacted__for_Publishing.pdf-during or around [redacted]. He accepts that, he and Pupil A were at two separate School ./OFFICIAL_SENSITIVE_SoS_decision_-_Mr_Colin_Wilkes__18335___Redacted__for_Publishing.pdf-functions and met up in the night at the School’s art studios, and that whilst there, he and ./OFFICIAL_SENSITIVE_SoS_decision_-_Mr_Colin_Wilkes__18335___Redacted__for_Publishing.pdf:Pupil A were naked and engaged in sexual touching. He acknowledges that he also met ./OFFICIAL_SENSITIVE_SoS_decision_-_Mr_Colin_Wilkes__18335___Redacted__for_Publishing.pdf-Pupil A after another function in his car, and that both he and Pupil A were partly ./OFFICIAL_SENSITIVE_SoS_decision_-_Mr_Colin_Wilkes__18335___Redacted__for_Publishing.pdf:undressed and engaged in sexual touching. He admits that he engaged in sexual activity ./OFFICIAL_SENSITIVE_SoS_decision_-_Mr_Colin_Wilkes__18335___Redacted__for_Publishing.pdf:and had sexual intercourse with Pupil A on several occasions, including at his home ./OFFICIAL_SENSITIVE_SoS_decision_-_Mr_Colin_Wilkes__18335___Redacted__for_Publishing.pdf-accommodation, at the School and during an overseas school trip. ./OFFICIAL_SENSITIVE_SoS_decision_-_Mr_Colin_Wilkes__18335___Redacted__for_Publishing.pdf- ./OFFICIAL_SENSITIVE_SoS_decision_-_Mr_Colin_Wilkes__18335___Redacted__for_Publishing.pdf:The panel found this allegation proven, and accepted the facts agreed as to the sexual ./OFFICIAL_SENSITIVE_SoS_decision_-_Mr_Colin_Wilkes__18335___Redacted__for_Publishing.pdf-activity that Mr Wilkes’ engaged in with Pupil A. ./OFFICIAL_SENSITIVE_SoS_decision_-_Mr_Colin_Wilkes__18335___Redacted__for_Publishing.pdf- ./OFFICIAL_SENSITIVE_SoS_decision_-_Mr_Colin_Wilkes__18335___Redacted__for_Publishing.pdf-Pupil A was described in a witness statement by the headteacher of the school as a pupil ./OFFICIAL_SENSITIVE_SoS_decision_-_Mr_Colin_Wilkes__18335___Redacted__for_Publishing.pdf-that [redacted]. Pupil B also provided evidence for these proceedings saying that she had ./OFFICIAL_SENSITIVE_SoS_decision_-_Mr_Colin_Wilkes__18335___Redacted__for_Publishing.pdf-thought Pupil A was quite vulnerable. A friend of Pupil A gave evidence to the police ./OFFICIAL_SENSITIVE_SoS_decision_-_Mr_Colin_Wilkes__18335___Redacted__for_Publishing.pdf-stating that Pupil A [redacted]. The friend with whom Pupil A had confided in mid-August ./OFFICIAL_SENSITIVE_SoS_decision_-_Mr_Colin_Wilkes__18335___Redacted__for_Publishing.pdf:2009, stated that Pupil A had told her that she believed Mr Wilkes had groomed her, and ./OFFICIAL_SENSITIVE_SoS_decision_-_Mr_Colin_Wilkes__18335___Redacted__for_Publishing.pdf-that [redacted], she had welcomed Mr Wilkes’ mentorship and friendship, that he was ./OFFICIAL_SENSITIVE_SoS_decision_-_Mr_Colin_Wilkes__18335___Redacted__for_Publishing.pdf-someone to talk to about her issues and someone who believed in her potential. The ./OFFICIAL_SENSITIVE_SoS_decision_-_Mr_Colin_Wilkes__18335___Redacted__for_Publishing.pdf-friend stated that Pupil A had said that Mr Wilkes had been the instigator of their ./OFFICIAL_SENSITIVE_SoS_decision_-_Mr_Colin_Wilkes__18335___Redacted__for_Publishing.pdf-relationship and that he had taken advantage of her vulnerability to achieve this. ./OFFICIAL_SENSITIVE_SoS_decision_-_Mr_Colin_Wilkes__18335___Redacted__for_Publishing.pdf- ./OFFICIAL_SENSITIVE_SoS_decision_-_Mr_Colin_Wilkes__18335___Redacted__for_Publishing.pdf- 6 ./OFFICIAL_SENSITIVE_SoS_decision_-_Mr_Colin_Wilkes__18335___Redacted__for_Publishing.pdf- -- ./OFFICIAL_SENSITIVE_SoS_decision_-_Mr_Colin_Wilkes__18335___Redacted__for_Publishing.pdf- ./OFFICIAL_SENSITIVE_SoS_decision_-_Mr_Colin_Wilkes__18335___Redacted__for_Publishing.pdf-The panel noted that there is a conflict in the evidence between Pupil A’s account of their ./OFFICIAL_SENSITIVE_SoS_decision_-_Mr_Colin_Wilkes__18335___Redacted__for_Publishing.pdf-relationship and the evidence of Mr Wilkes, as to the extent to which Pupil A was a willing ./OFFICIAL_SENSITIVE_SoS_decision_-_Mr_Colin_Wilkes__18335___Redacted__for_Publishing.pdf-participant. ./OFFICIAL_SENSITIVE_SoS_decision_-_Mr_Colin_Wilkes__18335___Redacted__for_Publishing.pdf- ./OFFICIAL_SENSITIVE_SoS_decision_-_Mr_Colin_Wilkes__18335___Redacted__for_Publishing.pdf-The panel did not attempt to resolve this conflict in evidence – the conviction confirmed ./OFFICIAL_SENSITIVE_SoS_decision_-_Mr_Colin_Wilkes__18335___Redacted__for_Publishing.pdf-that Mr Wilkes had breached the position of trust that he held in relation to Pupil A. The ./OFFICIAL_SENSITIVE_SoS_decision_-_Mr_Colin_Wilkes__18335___Redacted__for_Publishing.pdf-panel did however, consider that Mr Wilkes had taken advantage of the vulnerability of ./OFFICIAL_SENSITIVE_SoS_decision_-_Mr_Colin_Wilkes__18335___Redacted__for_Publishing.pdf-Pupil A, and that as a teacher, he was in a position of power over her. ./OFFICIAL_SENSITIVE_SoS_decision_-_Mr_Colin_Wilkes__18335___Redacted__for_Publishing.pdf- ./OFFICIAL_SENSITIVE_SoS_decision_-_Mr_Colin_Wilkes__18335___Redacted__for_Publishing.pdf: 2. You engaged in a sexual relationship with Pupil C in or around 1990 ./OFFICIAL_SENSITIVE_SoS_decision_-_Mr_Colin_Wilkes__18335___Redacted__for_Publishing.pdf-In the statement of agreed facts, Mr Wilkes has admitted this allegation. He ./OFFICIAL_SENSITIVE_SoS_decision_-_Mr_Colin_Wilkes__18335___Redacted__for_Publishing.pdf-acknowledges that Pupil C attended the School as a pupil, whilst he was a teacher there ./OFFICIAL_SENSITIVE_SoS_decision_-_Mr_Colin_Wilkes__18335___Redacted__for_Publishing.pdf:and that whilst she was a pupil, he engaged in sexual activity and had sexual intercourse ./OFFICIAL_SENSITIVE_SoS_decision_-_Mr_Colin_Wilkes__18335___Redacted__for_Publishing.pdf-with her. ./OFFICIAL_SENSITIVE_SoS_decision_-_Mr_Colin_Wilkes__18335___Redacted__for_Publishing.pdf- ./OFFICIAL_SENSITIVE_SoS_decision_-_Mr_Colin_Wilkes__18335___Redacted__for_Publishing.pdf-The headteacher has provided evidence for these proceedings, stating that on 11 ./OFFICIAL_SENSITIVE_SoS_decision_-_Mr_Colin_Wilkes__18335___Redacted__for_Publishing.pdf:February 2019 during an investigation meeting in relation to the alleged sexual ./OFFICIAL_SENSITIVE_SoS_decision_-_Mr_Colin_Wilkes__18335___Redacted__for_Publishing.pdf-relationship with Pupil A, notes were taken of the meeting. These notes state that Mr ./OFFICIAL_SENSITIVE_SoS_decision_-_Mr_Colin_Wilkes__18335___Redacted__for_Publishing.pdf-Wilkes was asked whether the School needed to be concerned about any other past ./OFFICIAL_SENSITIVE_SoS_decision_-_Mr_Colin_Wilkes__18335___Redacted__for_Publishing.pdf-pupils pre-2008, where there has been a friendship or relationship. The notes go on to ./OFFICIAL_SENSITIVE_SoS_decision_-_Mr_Colin_Wilkes__18335___Redacted__for_Publishing.pdf-state, that there had been a relationship with Pupil C, who he described as a dear friend, ./OFFICIAL_SENSITIVE_SoS_decision_-_Mr_Colin_Wilkes__18335___Redacted__for_Publishing.pdf:in the early 1990s and that Mr Wilkes had confirmed that this had become a sexual ./OFFICIAL_SENSITIVE_SoS_decision_-_Mr_Colin_Wilkes__18335___Redacted__for_Publishing.pdf-relationship. The notes record that Mr Wilkes said that she had been a sixth form student ./OFFICIAL_SENSITIVE_SoS_decision_-_Mr_Colin_Wilkes__18335___Redacted__for_Publishing.pdf-and that he had not taught her. It is recorded that Mr Wilkes had confirmed that the ./OFFICIAL_SENSITIVE_SoS_decision_-_Mr_Colin_Wilkes__18335___Redacted__for_Publishing.pdf-relationship had happened at school, as he had a flat in the boarding school. ./OFFICIAL_SENSITIVE_SoS_decision_-_Mr_Colin_Wilkes__18335___Redacted__for_Publishing.pdf- ./OFFICIAL_SENSITIVE_SoS_decision_-_Mr_Colin_Wilkes__18335___Redacted__for_Publishing.pdf-The panel had no reason to doubt the accuracy of the note of this investigation meeting. ./OFFICIAL_SENSITIVE_SoS_decision_-_Mr_Colin_Wilkes__18335___Redacted__for_Publishing.pdf-The information regarding Mr Wilkes’ relationship with Pupil C was volunteered by him, ./OFFICIAL_SENSITIVE_SoS_decision_-_Mr_Colin_Wilkes__18335___Redacted__for_Publishing.pdf-and he has, in the statement of agreed facts, maintained that this relationship took place. ./OFFICIAL_SENSITIVE_SoS_decision_-_Mr_Colin_Wilkes__18335___Redacted__for_Publishing.pdf- ./OFFICIAL_SENSITIVE_SoS_decision_-_Mr_Colin_Wilkes__18335___Redacted__for_Publishing.pdf-The panel therefore found this allegation proven. ./OFFICIAL_SENSITIVE_SoS_decision_-_Mr_Colin_Wilkes__18335___Redacted__for_Publishing.pdf- ./OFFICIAL_SENSITIVE_SoS_decision_-_Mr_Colin_Wilkes__18335___Redacted__for_Publishing.pdf- 3. Your behaviour as may be found proven at allegation 2 was conduct of a ./OFFICIAL_SENSITIVE_SoS_decision_-_Mr_Colin_Wilkes__18335___Redacted__for_Publishing.pdf: sexual nature and/or was sexually motivated. ./OFFICIAL_SENSITIVE_SoS_decision_-_Mr_Colin_Wilkes__18335___Redacted__for_Publishing.pdf-In the statement of agreed facts, Mr Wilkes has accepted that his conduct was of a ./OFFICIAL_SENSITIVE_SoS_decision_-_Mr_Colin_Wilkes__18335___Redacted__for_Publishing.pdf:sexual nature and that he was sexually motivated when he engaged in the conduct. ./OFFICIAL_SENSITIVE_SoS_decision_-_Mr_Colin_Wilkes__18335___Redacted__for_Publishing.pdf-Furthermore, a reasonable person would consider that this conduct was by its nature ./OFFICIAL_SENSITIVE_SoS_decision_-_Mr_Colin_Wilkes__18335___Redacted__for_Publishing.pdf:sexual. A sexual motivation can be inferred, given that the relationship was a sexual one. ./OFFICIAL_SENSITIVE_SoS_decision_-_Mr_Colin_Wilkes__18335___Redacted__for_Publishing.pdf- ./OFFICIAL_SENSITIVE_SoS_decision_-_Mr_Colin_Wilkes__18335___Redacted__for_Publishing.pdf-This allegation is therefore found proven. ./OFFICIAL_SENSITIVE_SoS_decision_-_Mr_Colin_Wilkes__18335___Redacted__for_Publishing.pdf- ./OFFICIAL_SENSITIVE_SoS_decision_-_Mr_Colin_Wilkes__18335___Redacted__for_Publishing.pdf- ./OFFICIAL_SENSITIVE_SoS_decision_-_Mr_Colin_Wilkes__18335___Redacted__for_Publishing.pdf- ./OFFICIAL_SENSITIVE_SoS_decision_-_Mr_Colin_Wilkes__18335___Redacted__for_Publishing.pdf- ./OFFICIAL_SENSITIVE_SoS_decision_-_Mr_Colin_Wilkes__18335___Redacted__for_Publishing.pdf- 7 ./OFFICIAL_SENSITIVE_SoS_decision_-_Mr_Colin_Wilkes__18335___Redacted__for_Publishing.pdf- -- ./OFFICIAL_SENSITIVE_SoS_decision_-_Mr_Colin_Wilkes__18335___Redacted__for_Publishing.pdf-Pupil B’s evidence accords with a note of a meeting held on 21 August 2009 in which ./OFFICIAL_SENSITIVE_SoS_decision_-_Mr_Colin_Wilkes__18335___Redacted__for_Publishing.pdf-Pupil B explained what she had seen, and her discussion with Mr Wilkes during the ./OFFICIAL_SENSITIVE_SoS_decision_-_Mr_Colin_Wilkes__18335___Redacted__for_Publishing.pdf-school’s disciplinary investigation. ./OFFICIAL_SENSITIVE_SoS_decision_-_Mr_Colin_Wilkes__18335___Redacted__for_Publishing.pdf- ./OFFICIAL_SENSITIVE_SoS_decision_-_Mr_Colin_Wilkes__18335___Redacted__for_Publishing.pdf-The panel was satisfied that in light of Pupil B’s evidence and Mr Wilkes’ admission this ./OFFICIAL_SENSITIVE_SoS_decision_-_Mr_Colin_Wilkes__18335___Redacted__for_Publishing.pdf-allegation is found proven. ./OFFICIAL_SENSITIVE_SoS_decision_-_Mr_Colin_Wilkes__18335___Redacted__for_Publishing.pdf- ./OFFICIAL_SENSITIVE_SoS_decision_-_Mr_Colin_Wilkes__18335___Redacted__for_Publishing.pdf- b. you informed the school that Pupil A had kissed you on the cheek when ./OFFICIAL_SENSITIVE_SoS_decision_-_Mr_Colin_Wilkes__18335___Redacted__for_Publishing.pdf- in fact; ./OFFICIAL_SENSITIVE_SoS_decision_-_Mr_Colin_Wilkes__18335___Redacted__for_Publishing.pdf- i. you had passionately kissed Pupil A; ./OFFICIAL_SENSITIVE_SoS_decision_-_Mr_Colin_Wilkes__18335___Redacted__for_Publishing.pdf: ii. you were at that time engaged in a sexual relationship with Pupil A. ./OFFICIAL_SENSITIVE_SoS_decision_-_Mr_Colin_Wilkes__18335___Redacted__for_Publishing.pdf-Mr Wilkes admits this allegation in his statement of agreed facts. Mr Wilkes accepted that ./OFFICIAL_SENSITIVE_SoS_decision_-_Mr_Colin_Wilkes__18335___Redacted__for_Publishing.pdf-he attended a meeting with the headmaster on 21 August 2009, and that whilst during ./OFFICIAL_SENSITIVE_SoS_decision_-_Mr_Colin_Wilkes__18335___Redacted__for_Publishing.pdf-the meeting he agreed there was a kiss, he suggested that Pupil A had kissed him on the ./OFFICIAL_SENSITIVE_SoS_decision_-_Mr_Colin_Wilkes__18335___Redacted__for_Publishing.pdf- ./OFFICIAL_SENSITIVE_SoS_decision_-_Mr_Colin_Wilkes__18335___Redacted__for_Publishing.pdf- 8 ./OFFICIAL_SENSITIVE_SoS_decision_-_Mr_Colin_Wilkes__18335___Redacted__for_Publishing.pdf- -- ./OFFICIAL_SENSITIVE_SoS_decision_-_Mr_Colin_Wilkes__18335___Redacted__for_Publishing.pdf-cheek and implied that the kiss was due to comforting Pupil A. He acknowledges ./OFFICIAL_SENSITIVE_SoS_decision_-_Mr_Colin_Wilkes__18335___Redacted__for_Publishing.pdf-submitting a statement for the disciplinary meeting on 9 September 2009. This statement ./OFFICIAL_SENSITIVE_SoS_decision_-_Mr_Colin_Wilkes__18335___Redacted__for_Publishing.pdf-refers to Pupil A having talked about her problems with Mr Wilkes, and that Pupil A often ./OFFICIAL_SENSITIVE_SoS_decision_-_Mr_Colin_Wilkes__18335___Redacted__for_Publishing.pdf-spoke with him about [redacted]. It went on to state that Pupil A had leaned across and ./OFFICIAL_SENSITIVE_SoS_decision_-_Mr_Colin_Wilkes__18335___Redacted__for_Publishing.pdf-kissed him on his left cheek, and it was this incident that he believed Pupil B had ./OFFICIAL_SENSITIVE_SoS_decision_-_Mr_Colin_Wilkes__18335___Redacted__for_Publishing.pdf-witnessed. Mr Wilkes now admits that the kiss witnessed by Pupil B was not a peck on ./OFFICIAL_SENSITIVE_SoS_decision_-_Mr_Colin_Wilkes__18335___Redacted__for_Publishing.pdf:the cheek, but rather a passionate kiss, and at the time, he was engaged in a sexual ./OFFICIAL_SENSITIVE_SoS_decision_-_Mr_Colin_Wilkes__18335___Redacted__for_Publishing.pdf-relationship with Pupil A. ./OFFICIAL_SENSITIVE_SoS_decision_-_Mr_Colin_Wilkes__18335___Redacted__for_Publishing.pdf- ./OFFICIAL_SENSITIVE_SoS_decision_-_Mr_Colin_Wilkes__18335___Redacted__for_Publishing.pdf-The note of a meeting with Pupil B for the school’s investigation describes that before ./OFFICIAL_SENSITIVE_SoS_decision_-_Mr_Colin_Wilkes__18335___Redacted__for_Publishing.pdf-entering the room where Pupil A was working, she looked through the window and saw ./OFFICIAL_SENSITIVE_SoS_decision_-_Mr_Colin_Wilkes__18335___Redacted__for_Publishing.pdf-Pupil A on a chair in front of an easel with her head turned “snogging Mr Wilkes ./OFFICIAL_SENSITIVE_SoS_decision_-_Mr_Colin_Wilkes__18335___Redacted__for_Publishing.pdf-passionately”. This accords with the evidence Pupil B has provided for the purpose of ./OFFICIAL_SENSITIVE_SoS_decision_-_Mr_Colin_Wilkes__18335___Redacted__for_Publishing.pdf-these proceedings. She stated that Mr Wilkes and Pupil A were in full flow kissing. ./OFFICIAL_SENSITIVE_SoS_decision_-_Mr_Colin_Wilkes__18335___Redacted__for_Publishing.pdf- ./OFFICIAL_SENSITIVE_SoS_decision_-_Mr_Colin_Wilkes__18335___Redacted__for_Publishing.pdf-Given Pupil B’s evidence of what she observed, the evidence of the information Mr ./OFFICIAL_SENSITIVE_SoS_decision_-_Mr_Colin_Wilkes__18335___Redacted__for_Publishing.pdf-Wilkes gave for the disciplinary meeting on 9 September 2009 (that Mr Wilke’s now ./OFFICIAL_SENSITIVE_SoS_decision_-_Mr_Colin_Wilkes__18335___Redacted__for_Publishing.pdf:accepts was incorrect) and Mr Wilkes’ conviction for offences of sexual activity with Pupil ./OFFICIAL_SENSITIVE_SoS_decision_-_Mr_Colin_Wilkes__18335___Redacted__for_Publishing.pdf-A, the panel found this allegation proven. ./OFFICIAL_SENSITIVE_SoS_decision_-_Mr_Colin_Wilkes__18335___Redacted__for_Publishing.pdf- ./OFFICIAL_SENSITIVE_SoS_decision_-_Mr_Colin_Wilkes__18335___Redacted__for_Publishing.pdf- 5. Your conduct as may be found proven at allegation 4a and/or 4b above ./OFFICIAL_SENSITIVE_SoS_decision_-_Mr_Colin_Wilkes__18335___Redacted__for_Publishing.pdf- lacked integrity and/or was dishonest in that you were seeking to conceal ./OFFICIAL_SENSITIVE_SoS_decision_-_Mr_Colin_Wilkes__18335___Redacted__for_Publishing.pdf- your conduct. ./OFFICIAL_SENSITIVE_SoS_decision_-_Mr_Colin_Wilkes__18335___Redacted__for_Publishing.pdf-In the statement of agreed facts, Mr Wilkes admits his conduct at allegation at 4a and/or ./OFFICIAL_SENSITIVE_SoS_decision_-_Mr_Colin_Wilkes__18335___Redacted__for_Publishing.pdf-4b lacked integrity and was dishonest in that he was seeking to conceal his conduct. It ./OFFICIAL_SENSITIVE_SoS_decision_-_Mr_Colin_Wilkes__18335___Redacted__for_Publishing.pdf-goes on to state that Mr Wilkes accepts that a professional person is expected to adhere ./OFFICIAL_SENSITIVE_SoS_decision_-_Mr_Colin_Wilkes__18335___Redacted__for_Publishing.pdf-to the ethical standard of their profession. As a member of the teaching profession, the ./OFFICIAL_SENSITIVE_SoS_decision_-_Mr_Colin_Wilkes__18335___Redacted__for_Publishing.pdf-panel considers that Mr Wilkes would be expected to uphold the trust placed in him by -- ./OFFICIAL_SENSITIVE_SoS_decision_-_Mr_Colin_Wilkes__18335___Redacted__for_Publishing.pdf-In doing so, the panel had regard to the document Teacher Misconduct: The Prohibition ./OFFICIAL_SENSITIVE_SoS_decision_-_Mr_Colin_Wilkes__18335___Redacted__for_Publishing.pdf-of Teachers, which is referred to as “the Advice”. ./OFFICIAL_SENSITIVE_SoS_decision_-_Mr_Colin_Wilkes__18335___Redacted__for_Publishing.pdf- ./OFFICIAL_SENSITIVE_SoS_decision_-_Mr_Colin_Wilkes__18335___Redacted__for_Publishing.pdf-In doing so, the panel had regard to its knowledge and experience as to the teaching ./OFFICIAL_SENSITIVE_SoS_decision_-_Mr_Colin_Wilkes__18335___Redacted__for_Publishing.pdf-standards at the time of the allegations, i.e. in 1990 in relation to allegations 2 and 3, and ./OFFICIAL_SENSITIVE_SoS_decision_-_Mr_Colin_Wilkes__18335___Redacted__for_Publishing.pdf-2008 in relation to allegations 4 and 5. In the panel’s experience of that time, it considers ./OFFICIAL_SENSITIVE_SoS_decision_-_Mr_Colin_Wilkes__18335___Redacted__for_Publishing.pdf:that it was not appropriate for a teacher to have a sexual relationship with a pupil and his ./OFFICIAL_SENSITIVE_SoS_decision_-_Mr_Colin_Wilkes__18335___Redacted__for_Publishing.pdf-relationship with Pupil C was a breach of the trust placed in Mr Wilkes. Furthermore, the ./OFFICIAL_SENSITIVE_SoS_decision_-_Mr_Colin_Wilkes__18335___Redacted__for_Publishing.pdf-panel considers that, at that time, it would not have been appropriate for Mr Wilkes to use ./OFFICIAL_SENSITIVE_SoS_decision_-_Mr_Colin_Wilkes__18335___Redacted__for_Publishing.pdf-his position as a teacher to influence Pupil B not to tell anyone of his relationship with ./OFFICIAL_SENSITIVE_SoS_decision_-_Mr_Colin_Wilkes__18335___Redacted__for_Publishing.pdf-Pupil A, nor to provide dishonest responses in the course of the School’s investigation. ./OFFICIAL_SENSITIVE_SoS_decision_-_Mr_Colin_Wilkes__18335___Redacted__for_Publishing.pdf-The panel considered that standards of maintaining appropriate boundaries with pupils, ./OFFICIAL_SENSITIVE_SoS_decision_-_Mr_Colin_Wilkes__18335___Redacted__for_Publishing.pdf-and honesty are ones that were expected at the time. ./OFFICIAL_SENSITIVE_SoS_decision_-_Mr_Colin_Wilkes__18335___Redacted__for_Publishing.pdf- ./OFFICIAL_SENSITIVE_SoS_decision_-_Mr_Colin_Wilkes__18335___Redacted__for_Publishing.pdf-The panel was satisfied that the conduct of Mr Wilkes fell significantly short of the ./OFFICIAL_SENSITIVE_SoS_decision_-_Mr_Colin_Wilkes__18335___Redacted__for_Publishing.pdf-standard of behaviour expected of a teacher, at the time. ./OFFICIAL_SENSITIVE_SoS_decision_-_Mr_Colin_Wilkes__18335___Redacted__for_Publishing.pdf- ./OFFICIAL_SENSITIVE_SoS_decision_-_Mr_Colin_Wilkes__18335___Redacted__for_Publishing.pdf-The panel also considered whether Mr Wilkes’ conduct displayed behaviours associated ./OFFICIAL_SENSITIVE_SoS_decision_-_Mr_Colin_Wilkes__18335___Redacted__for_Publishing.pdf-with any of the offences listed on pages 10 and 11 of the Advice. ./OFFICIAL_SENSITIVE_SoS_decision_-_Mr_Colin_Wilkes__18335___Redacted__for_Publishing.pdf- ./OFFICIAL_SENSITIVE_SoS_decision_-_Mr_Colin_Wilkes__18335___Redacted__for_Publishing.pdf:The panel found that the offences of fraud or serious dishonesty and sexual activity were ./OFFICIAL_SENSITIVE_SoS_decision_-_Mr_Colin_Wilkes__18335___Redacted__for_Publishing.pdf-relevant. ./OFFICIAL_SENSITIVE_SoS_decision_-_Mr_Colin_Wilkes__18335___Redacted__for_Publishing.pdf- ./OFFICIAL_SENSITIVE_SoS_decision_-_Mr_Colin_Wilkes__18335___Redacted__for_Publishing.pdf-The Advice indicates that where behaviours associated with such an offence exist, a ./OFFICIAL_SENSITIVE_SoS_decision_-_Mr_Colin_Wilkes__18335___Redacted__for_Publishing.pdf-panel is likely to conclude that an individual’s conduct would amount to unacceptable ./OFFICIAL_SENSITIVE_SoS_decision_-_Mr_Colin_Wilkes__18335___Redacted__for_Publishing.pdf-professional conduct. ./OFFICIAL_SENSITIVE_SoS_decision_-_Mr_Colin_Wilkes__18335___Redacted__for_Publishing.pdf- ./OFFICIAL_SENSITIVE_SoS_decision_-_Mr_Colin_Wilkes__18335___Redacted__for_Publishing.pdf-The panel noted that allegation 4.a. took place outside the education setting, and ./OFFICIAL_SENSITIVE_SoS_decision_-_Mr_Colin_Wilkes__18335___Redacted__for_Publishing.pdf-therefore would only be relevant if it affects the way the person fulfils their teaching role, ./OFFICIAL_SENSITIVE_SoS_decision_-_Mr_Colin_Wilkes__18335___Redacted__for_Publishing.pdf-or if it may lead to pupils being exposed to or influenced by the behaviour in a harmful ./OFFICIAL_SENSITIVE_SoS_decision_-_Mr_Colin_Wilkes__18335___Redacted__for_Publishing.pdf-way. Instructing Pupil B not to tell anyone that he had kissed Pupil A, led her to feel -- ./OFFICIAL_SENSITIVE_SoS_decision_-_Mr_Colin_Wilkes__18335___Redacted__for_Publishing.pdf-in the way they behave. The conduct found proven would, at the time, have brought the ./OFFICIAL_SENSITIVE_SoS_decision_-_Mr_Colin_Wilkes__18335___Redacted__for_Publishing.pdf-profession into disrepute if it had become known at the time. The panel does not consider ./OFFICIAL_SENSITIVE_SoS_decision_-_Mr_Colin_Wilkes__18335___Redacted__for_Publishing.pdf-that the passage of time has altered that position. ./OFFICIAL_SENSITIVE_SoS_decision_-_Mr_Colin_Wilkes__18335___Redacted__for_Publishing.pdf- ./OFFICIAL_SENSITIVE_SoS_decision_-_Mr_Colin_Wilkes__18335___Redacted__for_Publishing.pdf-The panel is very clear that it is not professionally acceptable for a teacher to enter into a ./OFFICIAL_SENSITIVE_SoS_decision_-_Mr_Colin_Wilkes__18335___Redacted__for_Publishing.pdf:sexual relationship with a pupil. ./OFFICIAL_SENSITIVE_SoS_decision_-_Mr_Colin_Wilkes__18335___Redacted__for_Publishing.pdf- ./OFFICIAL_SENSITIVE_SoS_decision_-_Mr_Colin_Wilkes__18335___Redacted__for_Publishing.pdf-The conduct displayed would likely have a negative impact on the individual’s status as a ./OFFICIAL_SENSITIVE_SoS_decision_-_Mr_Colin_Wilkes__18335___Redacted__for_Publishing.pdf-teacher, potentially damaging the public perception. ./OFFICIAL_SENSITIVE_SoS_decision_-_Mr_Colin_Wilkes__18335___Redacted__for_Publishing.pdf- ./OFFICIAL_SENSITIVE_SoS_decision_-_Mr_Colin_Wilkes__18335___Redacted__for_Publishing.pdf-The panel therefore found that Mr Wilkes’ actions constituted conduct that may bring the ./OFFICIAL_SENSITIVE_SoS_decision_-_Mr_Colin_Wilkes__18335___Redacted__for_Publishing.pdf-profession into disrepute. ./OFFICIAL_SENSITIVE_SoS_decision_-_Mr_Colin_Wilkes__18335___Redacted__for_Publishing.pdf- ./OFFICIAL_SENSITIVE_SoS_decision_-_Mr_Colin_Wilkes__18335___Redacted__for_Publishing.pdf-Having found the facts of particulars 2, 3, 4 and 5 proved, the panel further found that Mr ./OFFICIAL_SENSITIVE_SoS_decision_-_Mr_Colin_Wilkes__18335___Redacted__for_Publishing.pdf-Wilkes’s conduct amounted to both unacceptable professional conduct and conduct that ./OFFICIAL_SENSITIVE_SoS_decision_-_Mr_Colin_Wilkes__18335___Redacted__for_Publishing.pdf-may bring the profession into disrepute. ./OFFICIAL_SENSITIVE_SoS_decision_-_Mr_Colin_Wilkes__18335___Redacted__for_Publishing.pdf- ./OFFICIAL_SENSITIVE_SoS_decision_-_Mr_Colin_Wilkes__18335___Redacted__for_Publishing.pdf-Having found allegation 1 proved, the panel went on to consider whether the facts of this ./OFFICIAL_SENSITIVE_SoS_decision_-_Mr_Colin_Wilkes__18335___Redacted__for_Publishing.pdf-constituted a conviction of a relevant offence. ./OFFICIAL_SENSITIVE_SoS_decision_-_Mr_Colin_Wilkes__18335___Redacted__for_Publishing.pdf- ./OFFICIAL_SENSITIVE_SoS_decision_-_Mr_Colin_Wilkes__18335___Redacted__for_Publishing.pdf-In doing so, the panel had regard to the document Teacher Misconduct: The Prohibition ./OFFICIAL_SENSITIVE_SoS_decision_-_Mr_Colin_Wilkes__18335___Redacted__for_Publishing.pdf-of Teachers, which is referred to as “the Advice”. ./OFFICIAL_SENSITIVE_SoS_decision_-_Mr_Colin_Wilkes__18335___Redacted__for_Publishing.pdf- ./OFFICIAL_SENSITIVE_SoS_decision_-_Mr_Colin_Wilkes__18335___Redacted__for_Publishing.pdf-In the panel’s experience of that time, it considers that it was not appropriate for a ./OFFICIAL_SENSITIVE_SoS_decision_-_Mr_Colin_Wilkes__18335___Redacted__for_Publishing.pdf:teacher to have a sexual relationship with a pupil and the sexual activity in which he ./OFFICIAL_SENSITIVE_SoS_decision_-_Mr_Colin_Wilkes__18335___Redacted__for_Publishing.pdf-engaged with Pupil A, and for which he was convicted was a breach of the trust placed in ./OFFICIAL_SENSITIVE_SoS_decision_-_Mr_Colin_Wilkes__18335___Redacted__for_Publishing.pdf-Mr Wilkes. The panel noted that the individual’s actions were relevant to teaching, ./OFFICIAL_SENSITIVE_SoS_decision_-_Mr_Colin_Wilkes__18335___Redacted__for_Publishing.pdf:working with children and working in an education setting, given that the sexual activity ./OFFICIAL_SENSITIVE_SoS_decision_-_Mr_Colin_Wilkes__18335___Redacted__for_Publishing.pdf-he engaged in with Pupil A that led to his conviction arose out of the teacher/pupil ./OFFICIAL_SENSITIVE_SoS_decision_-_Mr_Colin_Wilkes__18335___Redacted__for_Publishing.pdf-relationship. ./OFFICIAL_SENSITIVE_SoS_decision_-_Mr_Colin_Wilkes__18335___Redacted__for_Publishing.pdf- ./OFFICIAL_SENSITIVE_SoS_decision_-_Mr_Colin_Wilkes__18335___Redacted__for_Publishing.pdf-The panel noted that the behaviour involved in committing the offence had an impact on ./OFFICIAL_SENSITIVE_SoS_decision_-_Mr_Colin_Wilkes__18335___Redacted__for_Publishing.pdf-the safety of Pupil A, who was a vulnerable pupil at the time. It also had an impact on ./OFFICIAL_SENSITIVE_SoS_decision_-_Mr_Colin_Wilkes__18335___Redacted__for_Publishing.pdf-Pupil B, who, having observed an incident, had the onus placed upon her of whether to ./OFFICIAL_SENSITIVE_SoS_decision_-_Mr_Colin_Wilkes__18335___Redacted__for_Publishing.pdf-report it, or not. This was a burden she should not have had to bear. ./OFFICIAL_SENSITIVE_SoS_decision_-_Mr_Colin_Wilkes__18335___Redacted__for_Publishing.pdf- ./OFFICIAL_SENSITIVE_SoS_decision_-_Mr_Colin_Wilkes__18335___Redacted__for_Publishing.pdf-The panel also took account of the way the teaching profession is viewed by others. The ./OFFICIAL_SENSITIVE_SoS_decision_-_Mr_Colin_Wilkes__18335___Redacted__for_Publishing.pdf-panel considered that Mr Wilkes’ behaviour in committing the offence could, without ./OFFICIAL_SENSITIVE_SoS_decision_-_Mr_Colin_Wilkes__18335___Redacted__for_Publishing.pdf-doubt, affect public confidence in the teaching profession, given the influence that ./OFFICIAL_SENSITIVE_SoS_decision_-_Mr_Colin_Wilkes__18335___Redacted__for_Publishing.pdf-teachers may have on pupils, parents and others in the community. ./OFFICIAL_SENSITIVE_SoS_decision_-_Mr_Colin_Wilkes__18335___Redacted__for_Publishing.pdf- ./OFFICIAL_SENSITIVE_SoS_decision_-_Mr_Colin_Wilkes__18335___Redacted__for_Publishing.pdf-The panel noted that Mr Wilkes’ behaviour ultimately led to a sentence of 20 months’ ./OFFICIAL_SENSITIVE_SoS_decision_-_Mr_Colin_Wilkes__18335___Redacted__for_Publishing.pdf-imprisonment, which was indicative of the seriousness of the offences committed. ./OFFICIAL_SENSITIVE_SoS_decision_-_Mr_Colin_Wilkes__18335___Redacted__for_Publishing.pdf- ./OFFICIAL_SENSITIVE_SoS_decision_-_Mr_Colin_Wilkes__18335___Redacted__for_Publishing.pdf:This was a case involving an offence of sexual activity which the Advice states is likely to ./OFFICIAL_SENSITIVE_SoS_decision_-_Mr_Colin_Wilkes__18335___Redacted__for_Publishing.pdf-be considered a relevant offence. ./OFFICIAL_SENSITIVE_SoS_decision_-_Mr_Colin_Wilkes__18335___Redacted__for_Publishing.pdf- ./OFFICIAL_SENSITIVE_SoS_decision_-_Mr_Colin_Wilkes__18335___Redacted__for_Publishing.pdf- ./OFFICIAL_SENSITIVE_SoS_decision_-_Mr_Colin_Wilkes__18335___Redacted__for_Publishing.pdf- 11 ./OFFICIAL_SENSITIVE_SoS_decision_-_Mr_Colin_Wilkes__18335___Redacted__for_Publishing.pdf- -- ./OFFICIAL_SENSITIVE_SoS_decision_-_Mr_Colin_Wilkes__18335___Redacted__for_Publishing.pdf-The panel took into account Mr Wilkes’ record of having been employed at the School ./OFFICIAL_SENSITIVE_SoS_decision_-_Mr_Colin_Wilkes__18335___Redacted__for_Publishing.pdf-from 1988 until over the years 2019, and the headteacher’s view of Mr Wilkes’ having ./OFFICIAL_SENSITIVE_SoS_decision_-_Mr_Colin_Wilkes__18335___Redacted__for_Publishing.pdf-gone over and above his role as a classroom teacher, achieving some of the strongest ./OFFICIAL_SENSITIVE_SoS_decision_-_Mr_Colin_Wilkes__18335___Redacted__for_Publishing.pdf-results in the school, and having been nominated for a TES teaching award. However, ./OFFICIAL_SENSITIVE_SoS_decision_-_Mr_Colin_Wilkes__18335___Redacted__for_Publishing.pdf-the panel also noted its finding that during this period and some 18 years prior to the ./OFFICIAL_SENSITIVE_SoS_decision_-_Mr_Colin_Wilkes__18335___Redacted__for_Publishing.pdf:relationship that led to Mr Wilkes’ conviction, Mr Wilkes had engaged in a sexual ./OFFICIAL_SENSITIVE_SoS_decision_-_Mr_Colin_Wilkes__18335___Redacted__for_Publishing.pdf-relationship with another pupil. Had this been known earlier, this would have discredited ./OFFICIAL_SENSITIVE_SoS_decision_-_Mr_Colin_Wilkes__18335___Redacted__for_Publishing.pdf:Mr Wilkes’ record. The sexual activity Mr Wilkes engaged in with Pupil A could not ./OFFICIAL_SENSITIVE_SoS_decision_-_Mr_Colin_Wilkes__18335___Redacted__for_Publishing.pdf-therefore be said to be a one off incident in an otherwise unblemished career. In any ./OFFICIAL_SENSITIVE_SoS_decision_-_Mr_Colin_Wilkes__18335___Redacted__for_Publishing.pdf-event, the seriousness of the offending behaviour that led to the conviction was relevant ./OFFICIAL_SENSITIVE_SoS_decision_-_Mr_Colin_Wilkes__18335___Redacted__for_Publishing.pdf-to Mr Wilkes’ ongoing suitability to teach. The panel considered that a finding that this ./OFFICIAL_SENSITIVE_SoS_decision_-_Mr_Colin_Wilkes__18335___Redacted__for_Publishing.pdf-conviction was for a relevant offence was necessary to reaffirm clear standards of ./OFFICIAL_SENSITIVE_SoS_decision_-_Mr_Colin_Wilkes__18335___Redacted__for_Publishing.pdf-conduct so as to maintain public confidence in the teaching profession. ./OFFICIAL_SENSITIVE_SoS_decision_-_Mr_Colin_Wilkes__18335___Redacted__for_Publishing.pdf- ./OFFICIAL_SENSITIVE_SoS_decision_-_Mr_Colin_Wilkes__18335___Redacted__for_Publishing.pdf-The panel therefore found that Mr Wilkes’ conviction was a conviction of a relevant ./OFFICIAL_SENSITIVE_SoS_decision_-_Mr_Colin_Wilkes__18335___Redacted__for_Publishing.pdf-offence. ./OFFICIAL_SENSITIVE_SoS_decision_-_Mr_Colin_Wilkes__18335___Redacted__for_Publishing.pdf- ./OFFICIAL_SENSITIVE_SoS_decision_-_Mr_Colin_Wilkes__18335___Redacted__for_Publishing.pdf- -- ./OFFICIAL_SENSITIVE_SoS_decision_-_Mr_Colin_Wilkes__18335___Redacted__for_Publishing.pdf- • actions or behaviours that undermine ….the rule of law, individual liberty…; ./OFFICIAL_SENSITIVE_SoS_decision_-_Mr_Colin_Wilkes__18335___Redacted__for_Publishing.pdf- ./OFFICIAL_SENSITIVE_SoS_decision_-_Mr_Colin_Wilkes__18335___Redacted__for_Publishing.pdf- • a deep-seated attitude that leads to harmful behaviour; ./OFFICIAL_SENSITIVE_SoS_decision_-_Mr_Colin_Wilkes__18335___Redacted__for_Publishing.pdf- ./OFFICIAL_SENSITIVE_SoS_decision_-_Mr_Colin_Wilkes__18335___Redacted__for_Publishing.pdf- • abuse of position or trust (particularly involving vulnerable pupils) or violation of ./OFFICIAL_SENSITIVE_SoS_decision_-_Mr_Colin_Wilkes__18335___Redacted__for_Publishing.pdf- the rights of pupils; ./OFFICIAL_SENSITIVE_SoS_decision_-_Mr_Colin_Wilkes__18335___Redacted__for_Publishing.pdf- ./OFFICIAL_SENSITIVE_SoS_decision_-_Mr_Colin_Wilkes__18335___Redacted__for_Publishing.pdf- • dishonesty especially where there have been serious consequences, and/or it ./OFFICIAL_SENSITIVE_SoS_decision_-_Mr_Colin_Wilkes__18335___Redacted__for_Publishing.pdf- has been repeated and/or covered up; ./OFFICIAL_SENSITIVE_SoS_decision_-_Mr_Colin_Wilkes__18335___Redacted__for_Publishing.pdf- ./OFFICIAL_SENSITIVE_SoS_decision_-_Mr_Colin_Wilkes__18335___Redacted__for_Publishing.pdf: • sexual misconduct, for example, involving actions that were sexually motivated ./OFFICIAL_SENSITIVE_SoS_decision_-_Mr_Colin_Wilkes__18335___Redacted__for_Publishing.pdf: or of a sexual nature and/or that use or exploit the trust, knowledge or influence ./OFFICIAL_SENSITIVE_SoS_decision_-_Mr_Colin_Wilkes__18335___Redacted__for_Publishing.pdf- derived from the individual’s professional position; ./OFFICIAL_SENSITIVE_SoS_decision_-_Mr_Colin_Wilkes__18335___Redacted__for_Publishing.pdf- ./OFFICIAL_SENSITIVE_SoS_decision_-_Mr_Colin_Wilkes__18335___Redacted__for_Publishing.pdf- • the commission of a serious criminal offence, including those that resulted in a ./OFFICIAL_SENSITIVE_SoS_decision_-_Mr_Colin_Wilkes__18335___Redacted__for_Publishing.pdf- conviction or caution, paying particular attention to offences that are ‘relevant ./OFFICIAL_SENSITIVE_SoS_decision_-_Mr_Colin_Wilkes__18335___Redacted__for_Publishing.pdf- matters’ for the purposes of the Police Act 1997 and criminal record ./OFFICIAL_SENSITIVE_SoS_decision_-_Mr_Colin_Wilkes__18335___Redacted__for_Publishing.pdf- disclosures. ./OFFICIAL_SENSITIVE_SoS_decision_-_Mr_Colin_Wilkes__18335___Redacted__for_Publishing.pdf- ./OFFICIAL_SENSITIVE_SoS_decision_-_Mr_Colin_Wilkes__18335___Redacted__for_Publishing.pdf-Even though there were behaviours found proved in this case that indicated that a ./OFFICIAL_SENSITIVE_SoS_decision_-_Mr_Colin_Wilkes__18335___Redacted__for_Publishing.pdf-prohibition order would be appropriate, the panel went on to consider the mitigating ./OFFICIAL_SENSITIVE_SoS_decision_-_Mr_Colin_Wilkes__18335___Redacted__for_Publishing.pdf-factors. Mitigating factors may indicate that a prohibition order would not be appropriate -- ./OFFICIAL_SENSITIVE_SoS_decision_-_Mr_Colin_Wilkes__18335___Redacted__for_Publishing.pdf-As referred to above, the headmaster of the School described Mr Wilkes as someone ./OFFICIAL_SENSITIVE_SoS_decision_-_Mr_Colin_Wilkes__18335___Redacted__for_Publishing.pdf-who threw himself into the life of the School, and that the pupils he taught received some ./OFFICIAL_SENSITIVE_SoS_decision_-_Mr_Colin_Wilkes__18335___Redacted__for_Publishing.pdf-of the strongest results in the School. He described that Mr Wilkes helped with events ./OFFICIAL_SENSITIVE_SoS_decision_-_Mr_Colin_Wilkes__18335___Redacted__for_Publishing.pdf-outside of his subject specialism including the Combined Cadet Force, rugby and ran ./OFFICIAL_SENSITIVE_SoS_decision_-_Mr_Colin_Wilkes__18335___Redacted__for_Publishing.pdf-numerous trips. On one occasion, the School nominated Mr Wilkes for a TES teaching ./OFFICIAL_SENSITIVE_SoS_decision_-_Mr_Colin_Wilkes__18335___Redacted__for_Publishing.pdf-award for outstanding teacher of the year, and Mr Wilkes came runner up. There were ./OFFICIAL_SENSITIVE_SoS_decision_-_Mr_Colin_Wilkes__18335___Redacted__for_Publishing.pdf-also two undated character references for Mr Wilkes in the bundle, and it is not known if ./OFFICIAL_SENSITIVE_SoS_decision_-_Mr_Colin_Wilkes__18335___Redacted__for_Publishing.pdf-these are recent, or historic. Both speak to his dedication and contribution to academic ./OFFICIAL_SENSITIVE_SoS_decision_-_Mr_Colin_Wilkes__18335___Redacted__for_Publishing.pdf-and extra-curricular activities. However, the panel also noted its finding that during his ./OFFICIAL_SENSITIVE_SoS_decision_-_Mr_Colin_Wilkes__18335___Redacted__for_Publishing.pdf-employment and the School and some 18 years prior to the relationship that led to Mr ./OFFICIAL_SENSITIVE_SoS_decision_-_Mr_Colin_Wilkes__18335___Redacted__for_Publishing.pdf:Wilkes’ conviction, Mr Wilkes had engaged in a sexual relationship with another pupil. ./OFFICIAL_SENSITIVE_SoS_decision_-_Mr_Colin_Wilkes__18335___Redacted__for_Publishing.pdf-Had this been known earlier, this would have discredited Mr Wilkes’ record. ./OFFICIAL_SENSITIVE_SoS_decision_-_Mr_Colin_Wilkes__18335___Redacted__for_Publishing.pdf- ./OFFICIAL_SENSITIVE_SoS_decision_-_Mr_Colin_Wilkes__18335___Redacted__for_Publishing.pdf-Mr Wilkes has indicated that he pleaded guilty at the criminal court trial, and he has ./OFFICIAL_SENSITIVE_SoS_decision_-_Mr_Colin_Wilkes__18335___Redacted__for_Publishing.pdf-admitted all of the allegations against him in these proceedings. Mr Wilkes has stated ./OFFICIAL_SENSITIVE_SoS_decision_-_Mr_Colin_Wilkes__18335___Redacted__for_Publishing.pdf-that he “wish[es] to express [his] sorrow and deep feelings of shame that [he has] ./OFFICIAL_SENSITIVE_SoS_decision_-_Mr_Colin_Wilkes__18335___Redacted__for_Publishing.pdf-brought to the complainant and the teaching profession. In requesting for this meeting to ./OFFICIAL_SENSITIVE_SoS_decision_-_Mr_Colin_Wilkes__18335___Redacted__for_Publishing.pdf-be held, Mr Wilkes has stated that he “will always regret [his] actions and would not wish ./OFFICIAL_SENSITIVE_SoS_decision_-_Mr_Colin_Wilkes__18335___Redacted__for_Publishing.pdf-to subject those affected by those actions to have to attend a further hearing”. Mr Wilkes ./OFFICIAL_SENSITIVE_SoS_decision_-_Mr_Colin_Wilkes__18335___Redacted__for_Publishing.pdf-has confirmed that he entirely accepts that his relationship with Pupil A and Pupil C were ./OFFICIAL_SENSITIVE_SoS_decision_-_Mr_Colin_Wilkes__18335___Redacted__for_Publishing.pdf-totally inappropriate, and that it is a matter of the utmost regret that he allowed them to -- ./OFFICIAL_SENSITIVE_SoS_decision_-_Mr_Colin_Wilkes__18335___Redacted__for_Publishing.pdf-of State that a prohibition order should be imposed with immediate effect. ./OFFICIAL_SENSITIVE_SoS_decision_-_Mr_Colin_Wilkes__18335___Redacted__for_Publishing.pdf- ./OFFICIAL_SENSITIVE_SoS_decision_-_Mr_Colin_Wilkes__18335___Redacted__for_Publishing.pdf-The panel went on to consider whether or not it would be appropriate to recommend that ./OFFICIAL_SENSITIVE_SoS_decision_-_Mr_Colin_Wilkes__18335___Redacted__for_Publishing.pdf-a review period of the order should be considered. The panel was mindful that the Advice ./OFFICIAL_SENSITIVE_SoS_decision_-_Mr_Colin_Wilkes__18335___Redacted__for_Publishing.pdf-states that a prohibition order applies for life, but there may be circumstances, in any ./OFFICIAL_SENSITIVE_SoS_decision_-_Mr_Colin_Wilkes__18335___Redacted__for_Publishing.pdf-given case, that may make it appropriate to allow a teacher to apply to have the ./OFFICIAL_SENSITIVE_SoS_decision_-_Mr_Colin_Wilkes__18335___Redacted__for_Publishing.pdf-prohibition order reviewed after a specified period of time that may not be less than 2 ./OFFICIAL_SENSITIVE_SoS_decision_-_Mr_Colin_Wilkes__18335___Redacted__for_Publishing.pdf-years. ./OFFICIAL_SENSITIVE_SoS_decision_-_Mr_Colin_Wilkes__18335___Redacted__for_Publishing.pdf- ./OFFICIAL_SENSITIVE_SoS_decision_-_Mr_Colin_Wilkes__18335___Redacted__for_Publishing.pdf-The Advice indicates that there are behaviours that, if proved, would militate against the ./OFFICIAL_SENSITIVE_SoS_decision_-_Mr_Colin_Wilkes__18335___Redacted__for_Publishing.pdf:recommendation of a review period. These cases include: serious sexual misconduct, ./OFFICIAL_SENSITIVE_SoS_decision_-_Mr_Colin_Wilkes__18335___Redacted__for_Publishing.pdf:such as where the act was sexually motivated and resulted in or had the potential to ./OFFICIAL_SENSITIVE_SoS_decision_-_Mr_Colin_Wilkes__18335___Redacted__for_Publishing.pdf-result in, harm to a person or persons, particularly where the individual has used his ./OFFICIAL_SENSITIVE_SoS_decision_-_Mr_Colin_Wilkes__18335___Redacted__for_Publishing.pdf-professional position to influence or exploit a person or persons. The behaviours also ./OFFICIAL_SENSITIVE_SoS_decision_-_Mr_Colin_Wilkes__18335___Redacted__for_Publishing.pdf-include fraud or serious dishonesty. The panel has found Mr Wilkes to have engaged in ./OFFICIAL_SENSITIVE_SoS_decision_-_Mr_Colin_Wilkes__18335___Redacted__for_Publishing.pdf:sexual activity with two pupils. There was evidence before the panel that indicated Pupil ./OFFICIAL_SENSITIVE_SoS_decision_-_Mr_Colin_Wilkes__18335___Redacted__for_Publishing.pdf-A was vulnerable, and nothing is known of the circumstances surrounding Pupil C’s ./OFFICIAL_SENSITIVE_SoS_decision_-_Mr_Colin_Wilkes__18335___Redacted__for_Publishing.pdf-position. Mr Wilkes, nevertheless, used his position as a teacher to develop those ./OFFICIAL_SENSITIVE_SoS_decision_-_Mr_Colin_Wilkes__18335___Redacted__for_Publishing.pdf-relationships. Dishonesty has been found. ./OFFICIAL_SENSITIVE_SoS_decision_-_Mr_Colin_Wilkes__18335___Redacted__for_Publishing.pdf- ./OFFICIAL_SENSITIVE_SoS_decision_-_Mr_Colin_Wilkes__18335___Redacted__for_Publishing.pdf-Given that Mr Wilkes has engaged in inappropriate relationships with two pupils, 18 years ./OFFICIAL_SENSITIVE_SoS_decision_-_Mr_Colin_Wilkes__18335___Redacted__for_Publishing.pdf-apart, and his actions to cover up that behaviour, the panel considered there was a real ./OFFICIAL_SENSITIVE_SoS_decision_-_Mr_Colin_Wilkes__18335___Redacted__for_Publishing.pdf-risk of repetition. As referred to above, whilst Mr Wilkes has expressed some remorse, he ./OFFICIAL_SENSITIVE_SoS_decision_-_Mr_Colin_Wilkes__18335___Redacted__for_Publishing.pdf-does not appear to have developed sufficient insight as to the impact of his actions on ./OFFICIAL_SENSITIVE_SoS_decision_-_Mr_Colin_Wilkes__18335___Redacted__for_Publishing.pdf-the pupils concerned. ./OFFICIAL_SENSITIVE_SoS_decision_-_Mr_Colin_Wilkes__18335___Redacted__for_Publishing.pdf- -- ./OFFICIAL_SENSITIVE_SoS_decision_-_Mr_Colin_Wilkes__18335___Redacted__for_Publishing.pdf-proven facts amount to unacceptable professional conduct, conduct that may bring the ./OFFICIAL_SENSITIVE_SoS_decision_-_Mr_Colin_Wilkes__18335___Redacted__for_Publishing.pdf-profession into disrepute and a relevant conviction. ./OFFICIAL_SENSITIVE_SoS_decision_-_Mr_Colin_Wilkes__18335___Redacted__for_Publishing.pdf- ./OFFICIAL_SENSITIVE_SoS_decision_-_Mr_Colin_Wilkes__18335___Redacted__for_Publishing.pdf-The panel has made a recommendation to the Secretary of State that Mr Colin Wilkes ./OFFICIAL_SENSITIVE_SoS_decision_-_Mr_Colin_Wilkes__18335___Redacted__for_Publishing.pdf-should be the subject of a prohibition order, with no provision for a review period. ./OFFICIAL_SENSITIVE_SoS_decision_-_Mr_Colin_Wilkes__18335___Redacted__for_Publishing.pdf- ./OFFICIAL_SENSITIVE_SoS_decision_-_Mr_Colin_Wilkes__18335___Redacted__for_Publishing.pdf-In particular, I have noted the panels comments regarding teaching standards “the panel ./OFFICIAL_SENSITIVE_SoS_decision_-_Mr_Colin_Wilkes__18335___Redacted__for_Publishing.pdf-had regard to its knowledge and experience as to the teaching standards at the time of ./OFFICIAL_SENSITIVE_SoS_decision_-_Mr_Colin_Wilkes__18335___Redacted__for_Publishing.pdf-the allegations, i.e. in 1990 in relation to allegations 2 and 3, and 2008 in relation to ./OFFICIAL_SENSITIVE_SoS_decision_-_Mr_Colin_Wilkes__18335___Redacted__for_Publishing.pdf-allegations 4 and 5. In the panel’s experience of that time, it considers that it was not ./OFFICIAL_SENSITIVE_SoS_decision_-_Mr_Colin_Wilkes__18335___Redacted__for_Publishing.pdf:appropriate for a teacher to have a sexual relationship with a pupil and his relationship ./OFFICIAL_SENSITIVE_SoS_decision_-_Mr_Colin_Wilkes__18335___Redacted__for_Publishing.pdf-with Pupil C was a breach of the trust placed in Mr Wilkes. Furthermore, the panel ./OFFICIAL_SENSITIVE_SoS_decision_-_Mr_Colin_Wilkes__18335___Redacted__for_Publishing.pdf-considers that, at that time, it would not have been appropriate for Mr Wilkes to use his ./OFFICIAL_SENSITIVE_SoS_decision_-_Mr_Colin_Wilkes__18335___Redacted__for_Publishing.pdf-position as a teacher to influence Pupil B not to tell anyone of his relationship with Pupil ./OFFICIAL_SENSITIVE_SoS_decision_-_Mr_Colin_Wilkes__18335___Redacted__for_Publishing.pdf-A, nor to provide dishonest responses in the course of the School’s investigation. The ./OFFICIAL_SENSITIVE_SoS_decision_-_Mr_Colin_Wilkes__18335___Redacted__for_Publishing.pdf-panel considered that standards of maintaining appropriate boundaries with pupils, and ./OFFICIAL_SENSITIVE_SoS_decision_-_Mr_Colin_Wilkes__18335___Redacted__for_Publishing.pdf-honesty are ones that were expected at the time.” ./OFFICIAL_SENSITIVE_SoS_decision_-_Mr_Colin_Wilkes__18335___Redacted__for_Publishing.pdf- ./OFFICIAL_SENSITIVE_SoS_decision_-_Mr_Colin_Wilkes__18335___Redacted__for_Publishing.pdf-The panel was satisfied that the conduct of Mr Wilkes fell significantly short of the ./OFFICIAL_SENSITIVE_SoS_decision_-_Mr_Colin_Wilkes__18335___Redacted__for_Publishing.pdf-standard of behaviour expected of a teacher, at the time. ./OFFICIAL_SENSITIVE_SoS_decision_-_Mr_Colin_Wilkes__18335___Redacted__for_Publishing.pdf- ./OFFICIAL_SENSITIVE_SoS_decision_-_Mr_Colin_Wilkes__18335___Redacted__for_Publishing.pdf-The findings of misconduct are particularly serious as they include a finding of ./OFFICIAL_SENSITIVE_SoS_decision_-_Mr_Colin_Wilkes__18335___Redacted__for_Publishing.pdf:inappropriate sexual relationships with two pupils, which led to a criminal conviction, ./OFFICIAL_SENSITIVE_SoS_decision_-_Mr_Colin_Wilkes__18335___Redacted__for_Publishing.pdf-abusing a position of trust and dishonesty. ./OFFICIAL_SENSITIVE_SoS_decision_-_Mr_Colin_Wilkes__18335___Redacted__for_Publishing.pdf- ./OFFICIAL_SENSITIVE_SoS_decision_-_Mr_Colin_Wilkes__18335___Redacted__for_Publishing.pdf-I have to determine whether the imposition of a prohibition order is proportionate and in ./OFFICIAL_SENSITIVE_SoS_decision_-_Mr_Colin_Wilkes__18335___Redacted__for_Publishing.pdf-the public interest. In considering that for this case, I have considered the overall aim of a ./OFFICIAL_SENSITIVE_SoS_decision_-_Mr_Colin_Wilkes__18335___Redacted__for_Publishing.pdf-prohibition order which is to protect pupils and to maintain public confidence in the ./OFFICIAL_SENSITIVE_SoS_decision_-_Mr_Colin_Wilkes__18335___Redacted__for_Publishing.pdf-profession. I have considered the extent to which a prohibition order in this case would ./OFFICIAL_SENSITIVE_SoS_decision_-_Mr_Colin_Wilkes__18335___Redacted__for_Publishing.pdf-achieve that aim taking into account the impact that it will have on the individual teacher. ./OFFICIAL_SENSITIVE_SoS_decision_-_Mr_Colin_Wilkes__18335___Redacted__for_Publishing.pdf-I have also asked myself, whether a less intrusive measure, such as the published ./OFFICIAL_SENSITIVE_SoS_decision_-_Mr_Colin_Wilkes__18335___Redacted__for_Publishing.pdf-finding of unacceptable professional conduct and conduct that may bring the profession ./OFFICIAL_SENSITIVE_SoS_decision_-_Mr_Colin_Wilkes__18335___Redacted__for_Publishing.pdf-into disrepute, would itself be sufficient to achieve the overall aim. I have to consider -- ./OFFICIAL_SENSITIVE_SoS_decision_-_Mr_Colin_Wilkes__18335___Redacted__for_Publishing.pdf-informed that the fault cannot be solely his, as she has had considerable issues ./OFFICIAL_SENSITIVE_SoS_decision_-_Mr_Colin_Wilkes__18335___Redacted__for_Publishing.pdf-[redacted].” In my judgement, the lack of full insight means that there is some risk of the ./OFFICIAL_SENSITIVE_SoS_decision_-_Mr_Colin_Wilkes__18335___Redacted__for_Publishing.pdf-repetition of this behaviour and this puts at risk future pupils’ wellbeing. I have therefore ./OFFICIAL_SENSITIVE_SoS_decision_-_Mr_Colin_Wilkes__18335___Redacted__for_Publishing.pdf-given this element considerable weight in reaching my decision. ./OFFICIAL_SENSITIVE_SoS_decision_-_Mr_Colin_Wilkes__18335___Redacted__for_Publishing.pdf- ./OFFICIAL_SENSITIVE_SoS_decision_-_Mr_Colin_Wilkes__18335___Redacted__for_Publishing.pdf-I have gone on to consider the extent to which a prohibition order would maintain public ./OFFICIAL_SENSITIVE_SoS_decision_-_Mr_Colin_Wilkes__18335___Redacted__for_Publishing.pdf-confidence in the profession. The panel observe, “Mr Wilkes’ behaviour in committing the ./OFFICIAL_SENSITIVE_SoS_decision_-_Mr_Colin_Wilkes__18335___Redacted__for_Publishing.pdf-offence could, without doubt, affect public confidence in the teaching profession, given ./OFFICIAL_SENSITIVE_SoS_decision_-_Mr_Colin_Wilkes__18335___Redacted__for_Publishing.pdf-the influence that teachers may have on pupils, parents and others in the community.” ./OFFICIAL_SENSITIVE_SoS_decision_-_Mr_Colin_Wilkes__18335___Redacted__for_Publishing.pdf- ./OFFICIAL_SENSITIVE_SoS_decision_-_Mr_Colin_Wilkes__18335___Redacted__for_Publishing.pdf:I am particularly mindful of the finding of a conviction involving sexual activity with a pupil ./OFFICIAL_SENSITIVE_SoS_decision_-_Mr_Colin_Wilkes__18335___Redacted__for_Publishing.pdf-in this case and the impact that such a finding has on the reputation of the profession. ./OFFICIAL_SENSITIVE_SoS_decision_-_Mr_Colin_Wilkes__18335___Redacted__for_Publishing.pdf- ./OFFICIAL_SENSITIVE_SoS_decision_-_Mr_Colin_Wilkes__18335___Redacted__for_Publishing.pdf-I have had to consider that the public has a high expectation of professional standards of ./OFFICIAL_SENSITIVE_SoS_decision_-_Mr_Colin_Wilkes__18335___Redacted__for_Publishing.pdf-all teachers and that the public might regard a failure to impose a prohibition order as a ./OFFICIAL_SENSITIVE_SoS_decision_-_Mr_Colin_Wilkes__18335___Redacted__for_Publishing.pdf-failure to uphold those high standards. In weighing these considerations, I have had to ./OFFICIAL_SENSITIVE_SoS_decision_-_Mr_Colin_Wilkes__18335___Redacted__for_Publishing.pdf-consider the matter from the point of view of an “ordinary intelligent and well-informed ./OFFICIAL_SENSITIVE_SoS_decision_-_Mr_Colin_Wilkes__18335___Redacted__for_Publishing.pdf-citizen.” ./OFFICIAL_SENSITIVE_SoS_decision_-_Mr_Colin_Wilkes__18335___Redacted__for_Publishing.pdf- ./OFFICIAL_SENSITIVE_SoS_decision_-_Mr_Colin_Wilkes__18335___Redacted__for_Publishing.pdf-I have considered whether the publication of a finding of unacceptable professional ./OFFICIAL_SENSITIVE_SoS_decision_-_Mr_Colin_Wilkes__18335___Redacted__for_Publishing.pdf-conduct, in the absence of a prohibition order, can itself be regarded by such a person as -- ./OFFICIAL_SENSITIVE_SoS_decision_-_Mr_Colin_Wilkes__18335___Redacted__for_Publishing.pdf:Wilkes had engaged in a sexual relationship with another pupil. Had this been known ./OFFICIAL_SENSITIVE_SoS_decision_-_Mr_Colin_Wilkes__18335___Redacted__for_Publishing.pdf-earlier, this would have discredited Mr Wilkes’ record”. ./OFFICIAL_SENSITIVE_SoS_decision_-_Mr_Colin_Wilkes__18335___Redacted__for_Publishing.pdf- ./OFFICIAL_SENSITIVE_SoS_decision_-_Mr_Colin_Wilkes__18335___Redacted__for_Publishing.pdf-A prohibition order would prevent Mr Wilkes from teaching. A prohibition order would also ./OFFICIAL_SENSITIVE_SoS_decision_-_Mr_Colin_Wilkes__18335___Redacted__for_Publishing.pdf-clearly deprive the public of his contribution to the profession for the period that it is in ./OFFICIAL_SENSITIVE_SoS_decision_-_Mr_Colin_Wilkes__18335___Redacted__for_Publishing.pdf-force. ./OFFICIAL_SENSITIVE_SoS_decision_-_Mr_Colin_Wilkes__18335___Redacted__for_Publishing.pdf- ./OFFICIAL_SENSITIVE_SoS_decision_-_Mr_Colin_Wilkes__18335___Redacted__for_Publishing.pdf-In this case, I have placed considerable weight on the panel’s comments concerning the ./OFFICIAL_SENSITIVE_SoS_decision_-_Mr_Colin_Wilkes__18335___Redacted__for_Publishing.pdf-lack of full insight “he has referred to the outstanding achievements of Pupil A, and the ./OFFICIAL_SENSITIVE_SoS_decision_-_Mr_Colin_Wilkes__18335___Redacted__for_Publishing.pdf-talents of Pupil C and her progression through University. He then states that the only ./OFFICIAL_SENSITIVE_SoS_decision_-_Mr_Colin_Wilkes__18335___Redacted__for_Publishing.pdf-“tiny bit of solace [he] can take from [his] unacceptable behaviour is knowing that [Pupil ./Official_Sensitive_SoS_Decision_-_North_19112_redacted_for_WEB.pdf-Teacher: Ms Frances North ./Official_Sensitive_SoS_Decision_-_North_19112_redacted_for_WEB.pdf- ./Official_Sensitive_SoS_Decision_-_North_19112_redacted_for_WEB.pdf-Teacher ref number: 9637321 ./Official_Sensitive_SoS_Decision_-_North_19112_redacted_for_WEB.pdf- ./Official_Sensitive_SoS_Decision_-_North_19112_redacted_for_WEB.pdf-Teacher date of birth: 8 June 1974 ./Official_Sensitive_SoS_Decision_-_North_19112_redacted_for_WEB.pdf- ./Official_Sensitive_SoS_Decision_-_North_19112_redacted_for_WEB.pdf-TRA reference: 19112 ./Official_Sensitive_SoS_Decision_-_North_19112_redacted_for_WEB.pdf- ./Official_Sensitive_SoS_Decision_-_North_19112_redacted_for_WEB.pdf-Date of determination: 4 January 2021 ./Official_Sensitive_SoS_Decision_-_North_19112_redacted_for_WEB.pdf- ./Official_Sensitive_SoS_Decision_-_North_19112_redacted_for_WEB.pdf:Former employer: Feering Primary School, Feering, Essex ./Official_Sensitive_SoS_Decision_-_North_19112_redacted_for_WEB.pdf- ./Official_Sensitive_SoS_Decision_-_North_19112_redacted_for_WEB.pdf- ./Official_Sensitive_SoS_Decision_-_North_19112_redacted_for_WEB.pdf-Introduction ./Official_Sensitive_SoS_Decision_-_North_19112_redacted_for_WEB.pdf-A professional conduct panel (“the panel”) of the Teaching Regulation Agency (“the ./Official_Sensitive_SoS_Decision_-_North_19112_redacted_for_WEB.pdf-TRA”) convened on 4 January 2021 by video conference to consider the case of Ms ./Official_Sensitive_SoS_Decision_-_North_19112_redacted_for_WEB.pdf-Frances North. ./Official_Sensitive_SoS_Decision_-_North_19112_redacted_for_WEB.pdf- ./Official_Sensitive_SoS_Decision_-_North_19112_redacted_for_WEB.pdf-The panel members were Mr Kamal Hanif (teacher panellist – in the chair), Mr Robert ./Official_Sensitive_SoS_Decision_-_North_19112_redacted_for_WEB.pdf-Allan (lay panellist) and Ms Susan Davies (lay panellist). ./Official_Sensitive_SoS_Decision_-_North_19112_redacted_for_WEB.pdf- -- ./Official_Sensitive_SoS_Decision_-_North_19112_redacted_for_WEB.pdf-Allegations ./Official_Sensitive_SoS_Decision_-_North_19112_redacted_for_WEB.pdf-The panel considered the allegations set out in the notice of meeting dated 2 December ./Official_Sensitive_SoS_Decision_-_North_19112_redacted_for_WEB.pdf-2020. ./Official_Sensitive_SoS_Decision_-_North_19112_redacted_for_WEB.pdf- ./Official_Sensitive_SoS_Decision_-_North_19112_redacted_for_WEB.pdf-It was alleged that Ms North was guilty of unacceptable professional conduct and/or ./Official_Sensitive_SoS_Decision_-_North_19112_redacted_for_WEB.pdf-conduct that may bring the profession into disrepute, in that: ./Official_Sensitive_SoS_Decision_-_North_19112_redacted_for_WEB.pdf- ./Official_Sensitive_SoS_Decision_-_North_19112_redacted_for_WEB.pdf- 1. She failed to disclose that Individual A had been convicted of offences including ./Official_Sensitive_SoS_Decision_-_North_19112_redacted_for_WEB.pdf: sexual offences against children and/or offences involving indecent images of ./Official_Sensitive_SoS_Decision_-_North_19112_redacted_for_WEB.pdf- children: ./Official_Sensitive_SoS_Decision_-_North_19112_redacted_for_WEB.pdf- ./Official_Sensitive_SoS_Decision_-_North_19112_redacted_for_WEB.pdf- a) when appointed by Feering Primary School in or around August 2018; ./Official_Sensitive_SoS_Decision_-_North_19112_redacted_for_WEB.pdf- ./Official_Sensitive_SoS_Decision_-_North_19112_redacted_for_WEB.pdf- b) when Individual A moved back into her family home in or around March 2019; ./Official_Sensitive_SoS_Decision_-_North_19112_redacted_for_WEB.pdf- and ./Official_Sensitive_SoS_Decision_-_North_19112_redacted_for_WEB.pdf- ./Official_Sensitive_SoS_Decision_-_North_19112_redacted_for_WEB.pdf- c) at any point between March 2019 to July 2019 whilst employed as a teacher at ./Official_Sensitive_SoS_Decision_-_North_19112_redacted_for_WEB.pdf- the school; ./Official_Sensitive_SoS_Decision_-_North_19112_redacted_for_WEB.pdf- -- ./Official_Sensitive_SoS_Decision_-_North_19112_redacted_for_WEB.pdf- ./Official_Sensitive_SoS_Decision_-_North_19112_redacted_for_WEB.pdf- ▪ section 4: teacher documents – pages 209 to 213 ./Official_Sensitive_SoS_Decision_-_North_19112_redacted_for_WEB.pdf- ./Official_Sensitive_SoS_Decision_-_North_19112_redacted_for_WEB.pdf-The panel members confirmed that they had read all of the documents within the bundle, ./Official_Sensitive_SoS_Decision_-_North_19112_redacted_for_WEB.pdf-in advance of the meeting. ./Official_Sensitive_SoS_Decision_-_North_19112_redacted_for_WEB.pdf- ./Official_Sensitive_SoS_Decision_-_North_19112_redacted_for_WEB.pdf-Statement of agreed facts ./Official_Sensitive_SoS_Decision_-_North_19112_redacted_for_WEB.pdf- ./Official_Sensitive_SoS_Decision_-_North_19112_redacted_for_WEB.pdf-The panel considered a statement of agreed facts which was signed by Ms North on 24 ./Official_Sensitive_SoS_Decision_-_North_19112_redacted_for_WEB.pdf-August 2020 in relation to Ms North failing to disclose that [redacted] Individual A had ./Official_Sensitive_SoS_Decision_-_North_19112_redacted_for_WEB.pdf:been convicted of sexual offences against children and/or offence involving images of ./Official_Sensitive_SoS_Decision_-_North_19112_redacted_for_WEB.pdf-children. Ms North failed to disclose this information to her employer on three occasions: ./Official_Sensitive_SoS_Decision_-_North_19112_redacted_for_WEB.pdf-when appointed by Feering Primary School in or around August 2018; when Individual A ./Official_Sensitive_SoS_Decision_-_North_19112_redacted_for_WEB.pdf-moved back into Ms North’s home in or around March 2019; and at any point between ./Official_Sensitive_SoS_Decision_-_North_19112_redacted_for_WEB.pdf-March 2019 and July 2019 whilst employed as a teacher at the school. ./Official_Sensitive_SoS_Decision_-_North_19112_redacted_for_WEB.pdf- ./Official_Sensitive_SoS_Decision_-_North_19112_redacted_for_WEB.pdf-Ms North admitted in the statement of agreed facts that in or around March 2019 she told ./Official_Sensitive_SoS_Decision_-_North_19112_redacted_for_WEB.pdf-police that the school was aware of her association with Individual A and/or that ./Official_Sensitive_SoS_Decision_-_North_19112_redacted_for_WEB.pdf-Individual A was living at her home, when this was not the case. ./Official_Sensitive_SoS_Decision_-_North_19112_redacted_for_WEB.pdf- ./Official_Sensitive_SoS_Decision_-_North_19112_redacted_for_WEB.pdf-Ms North additionally admitted after her role commenced in September 2018, she should -- ./Official_Sensitive_SoS_Decision_-_North_19112_redacted_for_WEB.pdf-to be considered without a hearing. The panel had the ability to direct that the case be ./Official_Sensitive_SoS_Decision_-_North_19112_redacted_for_WEB.pdf-considered at a hearing if required in the interests of justice or in the public interest. The ./Official_Sensitive_SoS_Decision_-_North_19112_redacted_for_WEB.pdf-panel did not determine that such a direction was necessary or appropriate in this case. ./Official_Sensitive_SoS_Decision_-_North_19112_redacted_for_WEB.pdf- ./Official_Sensitive_SoS_Decision_-_North_19112_redacted_for_WEB.pdf-In summary Ms North applied for a role as a class teacher at the school in or around ./Official_Sensitive_SoS_Decision_-_North_19112_redacted_for_WEB.pdf-February 2018, and began her employment in September 2018. ./Official_Sensitive_SoS_Decision_-_North_19112_redacted_for_WEB.pdf- ./Official_Sensitive_SoS_Decision_-_North_19112_redacted_for_WEB.pdf-[Redacted], Individual A, was convicted of various offences under the Sexual Offences ./Official_Sensitive_SoS_Decision_-_North_19112_redacted_for_WEB.pdf-Act 2003 in February 2016 including seven counts of making indecent images of children, ./Official_Sensitive_SoS_Decision_-_North_19112_redacted_for_WEB.pdf-three of possessing prohibited images of children, two counts of possessing an extreme ./Official_Sensitive_SoS_Decision_-_North_19112_redacted_for_WEB.pdf:pornographic image and two counts of voyeurism. ./Official_Sensitive_SoS_Decision_-_North_19112_redacted_for_WEB.pdf- ./Official_Sensitive_SoS_Decision_-_North_19112_redacted_for_WEB.pdf-In March 2019, Individual A moved back into Ms North’s home. Ms North told the police ./Official_Sensitive_SoS_Decision_-_North_19112_redacted_for_WEB.pdf-officer monitoring Individual A’s case that she had informed the school of her association ./Official_Sensitive_SoS_Decision_-_North_19112_redacted_for_WEB.pdf-with Individual A and/or that Individual A was living at her home. However, this was not ./Official_Sensitive_SoS_Decision_-_North_19112_redacted_for_WEB.pdf-the case and she had not disclosed any information to the school regarding Individual A. ./Official_Sensitive_SoS_Decision_-_North_19112_redacted_for_WEB.pdf- ./Official_Sensitive_SoS_Decision_-_North_19112_redacted_for_WEB.pdf-On or around 23 July 2019, the headteacher of the school received a whistleblowing ./Official_Sensitive_SoS_Decision_-_North_19112_redacted_for_WEB.pdf-email from a member of the public which contained a news article referring to Individual ./Official_Sensitive_SoS_Decision_-_North_19112_redacted_for_WEB.pdf-A’s convictions and that Individual A had been seen at Ms North’s home regularly by ./Official_Sensitive_SoS_Decision_-_North_19112_redacted_for_WEB.pdf-local residents. -- ./Official_Sensitive_SoS_Decision_-_North_19112_redacted_for_WEB.pdf-concluded the allegations were proven. ./Official_Sensitive_SoS_Decision_-_North_19112_redacted_for_WEB.pdf- ./Official_Sensitive_SoS_Decision_-_North_19112_redacted_for_WEB.pdf-Findings of fact ./Official_Sensitive_SoS_Decision_-_North_19112_redacted_for_WEB.pdf- ./Official_Sensitive_SoS_Decision_-_North_19112_redacted_for_WEB.pdf-The findings of fact are as follows: ./Official_Sensitive_SoS_Decision_-_North_19112_redacted_for_WEB.pdf- ./Official_Sensitive_SoS_Decision_-_North_19112_redacted_for_WEB.pdf-The panel found the following particulars of the allegations against you proved, for these ./Official_Sensitive_SoS_Decision_-_North_19112_redacted_for_WEB.pdf-reasons: ./Official_Sensitive_SoS_Decision_-_North_19112_redacted_for_WEB.pdf- ./Official_Sensitive_SoS_Decision_-_North_19112_redacted_for_WEB.pdf- 1. You failed to disclose that Individual A had been convicted of offences ./Official_Sensitive_SoS_Decision_-_North_19112_redacted_for_WEB.pdf: including sexual offences against children and/or offences involving ./Official_Sensitive_SoS_Decision_-_North_19112_redacted_for_WEB.pdf- indecent images of children: ./Official_Sensitive_SoS_Decision_-_North_19112_redacted_for_WEB.pdf- ./Official_Sensitive_SoS_Decision_-_North_19112_redacted_for_WEB.pdf- a) when appointed by Feering Primary School in or around August 2018; ./Official_Sensitive_SoS_Decision_-_North_19112_redacted_for_WEB.pdf- ./Official_Sensitive_SoS_Decision_-_North_19112_redacted_for_WEB.pdf- b) when Individual A moved back into your family home in or around ./Official_Sensitive_SoS_Decision_-_North_19112_redacted_for_WEB.pdf- March 2019; and ./Official_Sensitive_SoS_Decision_-_North_19112_redacted_for_WEB.pdf- ./Official_Sensitive_SoS_Decision_-_North_19112_redacted_for_WEB.pdf- c) at any point between March 2019 to July 2019 whilst employed as a ./Official_Sensitive_SoS_Decision_-_North_19112_redacted_for_WEB.pdf- teacher at the school; ./Official_Sensitive_SoS_Decision_-_North_19112_redacted_for_WEB.pdf- -- ./Official_Sensitive_SoS_Decision_-_North_19112_redacted_for_WEB.pdf- practices of the school in which they teach, and maintain high standards in their ./Official_Sensitive_SoS_Decision_-_North_19112_redacted_for_WEB.pdf- own attendance and punctuality. ./Official_Sensitive_SoS_Decision_-_North_19112_redacted_for_WEB.pdf- ./Official_Sensitive_SoS_Decision_-_North_19112_redacted_for_WEB.pdf- ▪ Teachers must have an understanding of, and always act within, the statutory ./Official_Sensitive_SoS_Decision_-_North_19112_redacted_for_WEB.pdf- frameworks which set out their professional duties and responsibilities. ./Official_Sensitive_SoS_Decision_-_North_19112_redacted_for_WEB.pdf- ./Official_Sensitive_SoS_Decision_-_North_19112_redacted_for_WEB.pdf-The panel finds that the conduct of Ms North fell significantly short of the standards ./Official_Sensitive_SoS_Decision_-_North_19112_redacted_for_WEB.pdf-expected of the profession. ./Official_Sensitive_SoS_Decision_-_North_19112_redacted_for_WEB.pdf- ./Official_Sensitive_SoS_Decision_-_North_19112_redacted_for_WEB.pdf-The findings of misconduct are particularly serious as they include a finding of a failure to ./Official_Sensitive_SoS_Decision_-_North_19112_redacted_for_WEB.pdf:disclose that an Individual A had been convicted of offences including sexual offences ./Official_Sensitive_SoS_Decision_-_North_19112_redacted_for_WEB.pdf-against children and/or offences involving indecent images of children and a failure to ./Official_Sensitive_SoS_Decision_-_North_19112_redacted_for_WEB.pdf-take appropriate action and/or ensure appropriate action was taken to safeguard pupils at ./Official_Sensitive_SoS_Decision_-_North_19112_redacted_for_WEB.pdf-the school, despite having been informed by the police to make the school aware of her ./Official_Sensitive_SoS_Decision_-_North_19112_redacted_for_WEB.pdf-association with Individual A. ./Official_Sensitive_SoS_Decision_-_North_19112_redacted_for_WEB.pdf- ./Official_Sensitive_SoS_Decision_-_North_19112_redacted_for_WEB.pdf-I have to determine whether the imposition of a prohibition order is proportionate and in ./Official_Sensitive_SoS_Decision_-_North_19112_redacted_for_WEB.pdf-the public interest. In considering that for this case, I have considered the overall aim of a ./Official_Sensitive_SoS_Decision_-_North_19112_redacted_for_WEB.pdf-prohibition order which is to protect pupils and to maintain public confidence in the ./Official_Sensitive_SoS_Decision_-_North_19112_redacted_for_WEB.pdf-profession. I have considered the extent to which a prohibition order in this case would ./Official_Sensitive_SoS_Decision_-_North_19112_redacted_for_WEB.pdf-achieve that aim taking into account the impact that it will have on the individual teacher. ./Official_Sensitive_SOS_Decision_-_Peers_Redacted.pdf- B] and can you give it to me”; ./Official_Sensitive_SOS_Decision_-_Peers_Redacted.pdf- ./Official_Sensitive_SOS_Decision_-_Peers_Redacted.pdf- iii. “Hi Individual A, I have been told I should not be in contact with you. Look ./Official_Sensitive_SOS_Decision_-_Peers_Redacted.pdf- away now; this was the email to Witness A and Individual B: Looking ahead, ./Official_Sensitive_SOS_Decision_-_Peers_Redacted.pdf- would it be a good idea for me to take [Pupil B] for a walk for an hour on ./Official_Sensitive_SOS_Decision_-_Peers_Redacted.pdf- Monday from 2 till 3? If not-in terms of insurance and safe-guarding etc- I ./Official_Sensitive_SOS_Decision_-_Peers_Redacted.pdf- really love [Pupil B] and you can give it to me Ol Paedophile central! Always ./Official_Sensitive_SOS_Decision_-_Peers_Redacted.pdf- ask the [redacted] permission! Love-love [Pupil B]- love Ol”; ./Official_Sensitive_SOS_Decision_-_Peers_Redacted.pdf- ./Official_Sensitive_SOS_Decision_-_Peers_Redacted.pdf- b. Sending various inappropriate emails to members of staff at the school discussing ./Official_Sensitive_SOS_Decision_-_Peers_Redacted.pdf: topics of a sexual nature including, but not limited to: ./Official_Sensitive_SOS_Decision_-_Peers_Redacted.pdf- ./Official_Sensitive_SOS_Decision_-_Peers_Redacted.pdf- i. “Never be afraid of expressing your love for young people.” ./Official_Sensitive_SOS_Decision_-_Peers_Redacted.pdf- ./Official_Sensitive_SOS_Decision_-_Peers_Redacted.pdf- ii. “Ps- I was laying there naked with a trans 19 and thinking: is it really that ./Official_Sensitive_SOS_Decision_-_Peers_Redacted.pdf- difficult?” ./Official_Sensitive_SOS_Decision_-_Peers_Redacted.pdf- ./Official_Sensitive_SOS_Decision_-_Peers_Redacted.pdf- iii. “All I ask is that it be known I work hard, I’m a pretty good at English, and ./Official_Sensitive_SOS_Decision_-_Peers_Redacted.pdf- I’m not a paedophile. Love [Pupil B] ffs! Ha!” ./Official_Sensitive_SOS_Decision_-_Peers_Redacted.pdf- ./Official_Sensitive_SOS_Decision_-_Peers_Redacted.pdf- iv. “(I’m just trying it again-to imagine- Mr Peers takes [Pupil B] for a walk and -- ./Official_Sensitive_SOS_Decision_-_Peers_Redacted.pdf- d. Uploading a photo of pupils B, C, G, H, I and J to his Instagram account; ./Official_Sensitive_SOS_Decision_-_Peers_Redacted.pdf- ./Official_Sensitive_SOS_Decision_-_Peers_Redacted.pdf- e. On or around 27 June 2019 he sent a dance video clip to pupils D, E, F and G; ./Official_Sensitive_SOS_Decision_-_Peers_Redacted.pdf- ./Official_Sensitive_SOS_Decision_-_Peers_Redacted.pdf- f. On or around 30 June 2019 he commented on a photo uploaded by Pupil C with ./Official_Sensitive_SOS_Decision_-_Peers_Redacted.pdf- the following or words to the effect of “Oh very! Those skirts are quite funny. I ./Official_Sensitive_SOS_Decision_-_Peers_Redacted.pdf- never knew what they mean what they meant when they told me to watch for girls ./Official_Sensitive_SOS_Decision_-_Peers_Redacted.pdf- rolling. Like what?” ./Official_Sensitive_SOS_Decision_-_Peers_Redacted.pdf- ./Official_Sensitive_SOS_Decision_-_Peers_Redacted.pdf- 3. His behaviour as may be found proven at allegations 1 and/or 2 above was ./Official_Sensitive_SOS_Decision_-_Peers_Redacted.pdf: conduct of a sexual nature and/or was sexually motivated. ./Official_Sensitive_SOS_Decision_-_Peers_Redacted.pdf- ./Official_Sensitive_SOS_Decision_-_Peers_Redacted.pdf-Mr Peers admits sending the emails referred to in allegations 1.ai–iii and those in ./Official_Sensitive_SOS_Decision_-_Peers_Redacted.pdf-allegations 1.bi–v. He also admits that in sending those emails his conduct amounted to ./Official_Sensitive_SOS_Decision_-_Peers_Redacted.pdf-unprofessional conduct. He does not admit that in sending those emails his conduct ./Official_Sensitive_SOS_Decision_-_Peers_Redacted.pdf-amounted to unacceptable professional conduct towards staff and/or pupils and/or ./Official_Sensitive_SOS_Decision_-_Peers_Redacted.pdf-conduct that may bring the profession into disrepute. ./Official_Sensitive_SOS_Decision_-_Peers_Redacted.pdf- ./Official_Sensitive_SOS_Decision_-_Peers_Redacted.pdf-With regard to allegation 2, Mr Peers admits the contact referred to apart from that at ./Official_Sensitive_SOS_Decision_-_Peers_Redacted.pdf-allegation 2.aii, which the TRA has not pursued. Mr Peers does not accept the conduct ./Official_Sensitive_SOS_Decision_-_Peers_Redacted.pdf-alleged at allegation 2 falls within the TRA’s jurisdiction as it took place after he had ./Official_Sensitive_SOS_Decision_-_Peers_Redacted.pdf-ceased being employed as a teacher. ./Official_Sensitive_SOS_Decision_-_Peers_Redacted.pdf- ./Official_Sensitive_SOS_Decision_-_Peers_Redacted.pdf-With regards to allegation 3, Mr Peers does not accept that the behaviour set out in ./Official_Sensitive_SOS_Decision_-_Peers_Redacted.pdf:allegations 1 and or 2 was of a sexual nature or sexually motivated. ./Official_Sensitive_SOS_Decision_-_Peers_Redacted.pdf- ./Official_Sensitive_SOS_Decision_-_Peers_Redacted.pdf- ./Official_Sensitive_SOS_Decision_-_Peers_Redacted.pdf- ./Official_Sensitive_SOS_Decision_-_Peers_Redacted.pdf- ./Official_Sensitive_SOS_Decision_-_Peers_Redacted.pdf- 5 ./Official_Sensitive_SOS_Decision_-_Peers_Redacted.pdf- -- ./Official_Sensitive_SOS_Decision_-_Peers_Redacted.pdf- guarding etc- I really love [Pupil B] and you can give it to me Ol ./Official_Sensitive_SOS_Decision_-_Peers_Redacted.pdf- Paedophile central! Always ask the [redacted] permission! Love-love ./Official_Sensitive_SOS_Decision_-_Peers_Redacted.pdf- [Pupil B]- love Ol”; ./Official_Sensitive_SOS_Decision_-_Peers_Redacted.pdf- ./Official_Sensitive_SOS_Decision_-_Peers_Redacted.pdf-On examination of the documents before the panel, the panel was satisfied on the ./Official_Sensitive_SOS_Decision_-_Peers_Redacted.pdf-balance of probabilities that the emails were sent. The documents in the bundle ./Official_Sensitive_SOS_Decision_-_Peers_Redacted.pdf-confirm that Mr Peers wrote these emails to staff members, and Mr Peers admits ./Official_Sensitive_SOS_Decision_-_Peers_Redacted.pdf-to having sent them. ./Official_Sensitive_SOS_Decision_-_Peers_Redacted.pdf- ./Official_Sensitive_SOS_Decision_-_Peers_Redacted.pdf- b. Sending various inappropriate emails to members of staff at the ./Official_Sensitive_SOS_Decision_-_Peers_Redacted.pdf: school discussing topics of a sexual nature including, but not limited ./Official_Sensitive_SOS_Decision_-_Peers_Redacted.pdf- to: ./Official_Sensitive_SOS_Decision_-_Peers_Redacted.pdf- ./Official_Sensitive_SOS_Decision_-_Peers_Redacted.pdf- i. “Never be afraid of expressing your love for young people.” ./Official_Sensitive_SOS_Decision_-_Peers_Redacted.pdf- ./Official_Sensitive_SOS_Decision_-_Peers_Redacted.pdf- ii. “Ps- I was laying there naked with a trans 19 and thinking: is it really ./Official_Sensitive_SOS_Decision_-_Peers_Redacted.pdf- that difficult?” ./Official_Sensitive_SOS_Decision_-_Peers_Redacted.pdf- ./Official_Sensitive_SOS_Decision_-_Peers_Redacted.pdf- iii. “All I ask is that it be known I work hard, I’m a pretty good at English, ./Official_Sensitive_SOS_Decision_-_Peers_Redacted.pdf- and I’m not a paedophile. Love [Pupil B] ffs! Ha!” ./Official_Sensitive_SOS_Decision_-_Peers_Redacted.pdf- -- ./Official_Sensitive_SOS_Decision_-_Peers_Redacted.pdf- if I’ve been raped.” ./Official_Sensitive_SOS_Decision_-_Peers_Redacted.pdf- ./Official_Sensitive_SOS_Decision_-_Peers_Redacted.pdf- v. “Lol- I really hate ballet! [video attached] Quite fun, I’ve never watched ./Official_Sensitive_SOS_Decision_-_Peers_Redacted.pdf- all that shit they go through without giggling. And I’ve had a few. xOl” ./Official_Sensitive_SOS_Decision_-_Peers_Redacted.pdf- ./Official_Sensitive_SOS_Decision_-_Peers_Redacted.pdf-On examination of the documents before the panel, the panel was satisfied on the ./Official_Sensitive_SOS_Decision_-_Peers_Redacted.pdf-balance of probabilities that the emails were sent. The documents in the bundle ./Official_Sensitive_SOS_Decision_-_Peers_Redacted.pdf-confirm Mr Peers wrote these emails to staff members and Mr Peers admitted to ./Official_Sensitive_SOS_Decision_-_Peers_Redacted.pdf-having sent them. The Panel consider the emails were inappropriate and that the ./Official_Sensitive_SOS_Decision_-_Peers_Redacted.pdf-volume of the emails sent and the language used by Mr Peers in some of them, ./Official_Sensitive_SOS_Decision_-_Peers_Redacted.pdf:which was sexual in nature, may have shocked and upset the members of staff ./Official_Sensitive_SOS_Decision_-_Peers_Redacted.pdf-who received them. ./Official_Sensitive_SOS_Decision_-_Peers_Redacted.pdf- ./Official_Sensitive_SOS_Decision_-_Peers_Redacted.pdf- ./Official_Sensitive_SOS_Decision_-_Peers_Redacted.pdf- 8 ./Official_Sensitive_SOS_Decision_-_Peers_Redacted.pdf- -- ./Official_Sensitive_SOS_Decision_-_Peers_Redacted.pdf- f. On or around 30 June 2019 you commented on a photo uploaded by ./Official_Sensitive_SOS_Decision_-_Peers_Redacted.pdf- Pupil C with the following or words to the effect of “Oh very! Those ./Official_Sensitive_SOS_Decision_-_Peers_Redacted.pdf- skirts are quite funny. I never knew what they mean what they meant ./Official_Sensitive_SOS_Decision_-_Peers_Redacted.pdf- when they told me to watch for girls rolling. Like what?” ./Official_Sensitive_SOS_Decision_-_Peers_Redacted.pdf- ./Official_Sensitive_SOS_Decision_-_Peers_Redacted.pdf-On examination of the documents before the panel and the oral evidence given, the ./Official_Sensitive_SOS_Decision_-_Peers_Redacted.pdf-panel was satisfied that the contact set out in allegation 2 took place, with the exception ./Official_Sensitive_SOS_Decision_-_Peers_Redacted.pdf-of allegation 2.aii, which Mr Peers did not admit and which the TRA did not pursue. ./Official_Sensitive_SOS_Decision_-_Peers_Redacted.pdf- ./Official_Sensitive_SOS_Decision_-_Peers_Redacted.pdf-3. Your behaviour as may be found proven at allegations 1 and/or 2 above was ./Official_Sensitive_SOS_Decision_-_Peers_Redacted.pdf: conduct of a sexual nature and/or was sexually motivated. ./Official_Sensitive_SOS_Decision_-_Peers_Redacted.pdf- ./Official_Sensitive_SOS_Decision_-_Peers_Redacted.pdf-The panel carefully considered the words and actions found proved at allegations 1 and 2 ./Official_Sensitive_SOS_Decision_-_Peers_Redacted.pdf:and whilst they concluded that those at allegation 1.b. contained sexually explicit ./Official_Sensitive_SOS_Decision_-_Peers_Redacted.pdf:language, the panel found that it was not of itself conduct of a sexual nature nor sexually ./Official_Sensitive_SOS_Decision_-_Peers_Redacted.pdf-motivated. ./Official_Sensitive_SOS_Decision_-_Peers_Redacted.pdf- ./Official_Sensitive_SOS_Decision_-_Peers_Redacted.pdf-Findings as to unacceptable professional conduct and/or conduct that ./Official_Sensitive_SOS_Decision_-_Peers_Redacted.pdf-may bring the profession into disrepute ./Official_Sensitive_SOS_Decision_-_Peers_Redacted.pdf- ./Official_Sensitive_SOS_Decision_-_Peers_Redacted.pdf-Having found the facts of the allegations proved, the panel went on to consider whether ./Official_Sensitive_SOS_Decision_-_Peers_Redacted.pdf-they amounted to unacceptable professional conduct and/or conduct that may bring the ./Official_Sensitive_SOS_Decision_-_Peers_Redacted.pdf-profession into disrepute. ./Official_Sensitive_SOS_Decision_-_Peers_Redacted.pdf- ./Official_Sensitive_SOS_Decision_-_Peers_Redacted.pdf- -- ./Official_Sensitive_SOS_Decision_-_Peers_Redacted.pdf-With regard to allegation 1.b., the panel considered the extensive emails that were ./Official_Sensitive_SOS_Decision_-_Peers_Redacted.pdf-included in the bundle and the language they contained. The panel found that the ./Official_Sensitive_SOS_Decision_-_Peers_Redacted.pdf:language was frequently crude and vulgar, and sexually explicit. The panel considered ./Official_Sensitive_SOS_Decision_-_Peers_Redacted.pdf-that the staff members who received them were likely to be shocked by the language and ./Official_Sensitive_SOS_Decision_-_Peers_Redacted.pdf-disturbed by the volume of emails being sent to them. The panel noted that the school ./Official_Sensitive_SOS_Decision_-_Peers_Redacted.pdf-had deemed it necessary to ask Mr Peers to stop sending such emails. The panel also ./Official_Sensitive_SOS_Decision_-_Peers_Redacted.pdf-noted the Mr Peers accepted that they were inappropriate and indefensible. ./Official_Sensitive_SOS_Decision_-_Peers_Redacted.pdf- ./Official_Sensitive_SOS_Decision_-_Peers_Redacted.pdf-The panel was satisfied that when viewed together, in their totality, in terms of the ./Official_Sensitive_SOS_Decision_-_Peers_Redacted.pdf-language they contained and the number of emails sent, the conduct of Mr Peers ./Official_Sensitive_SOS_Decision_-_Peers_Redacted.pdf-amounted to misconduct of a serious natures which fell significantly short of the ./Official_Sensitive_SOS_Decision_-_Peers_Redacted.pdf-standards expected of the profession. ./Official_Sensitive_SOS_Decision_-_Peers_Redacted.pdf- -- ./Official_Sensitive_SOS_Decision_-_Peers_Redacted.pdf:uploaded but neither did it hear or read any evidence that suggested it was of a sexual ./Official_Sensitive_SOS_Decision_-_Peers_Redacted.pdf-nature or seriously inappropriate. ./Official_Sensitive_SOS_Decision_-_Peers_Redacted.pdf- ./Official_Sensitive_SOS_Decision_-_Peers_Redacted.pdf-Whilst the panel concluded the contact was inappropriate it was not, on the evidence put ./Official_Sensitive_SOS_Decision_-_Peers_Redacted.pdf-forward, satisfied that on balance it was of a very serious nature so as to amount to ./Official_Sensitive_SOS_Decision_-_Peers_Redacted.pdf-unacceptable professional conduct and/or conduct that may bring the profession into ./Official_Sensitive_SOS_Decision_-_Peers_Redacted.pdf-disrepute. ./Official_Sensitive_SOS_Decision_-_Peers_Redacted.pdf- ./Official_Sensitive_SOS_Decision_-_Peers_Redacted.pdf-Allegation 3 ./Official_Sensitive_SOS_Decision_-_Peers_Redacted.pdf- ./Official_Sensitive_SOS_Decision_-_Peers_Redacted.pdf-In respect of allegation 3, the panel reviewed all the evidence they had considered during ./Official_Sensitive_SOS_Decision_-_Peers_Redacted.pdf-the hearing and concluded that whilst the emails referred to in allegation 1.b. used ./Official_Sensitive_SOS_Decision_-_Peers_Redacted.pdf:sexually explicit language, there was no evidence that led it to consider that Mr Peers’ ./Official_Sensitive_SOS_Decision_-_Peers_Redacted.pdf:conduct was of a sexual nature. The panel went on to consider if there was evidence that ./Official_Sensitive_SOS_Decision_-_Peers_Redacted.pdf:his conduct was sexually motivated. The panel was satisfied that there was no evidence ./Official_Sensitive_SOS_Decision_-_Peers_Redacted.pdf:that he had derived sexual gratification from any of the conduct found proven or that it ./Official_Sensitive_SOS_Decision_-_Peers_Redacted.pdf:was done in pursuit of a sexual relationship. ./Official_Sensitive_SOS_Decision_-_Peers_Redacted.pdf- ./Official_Sensitive_SOS_Decision_-_Peers_Redacted.pdf-Having concluded that in respect of allegation 1.b., the conduct of Mr Peers amounted to ./Official_Sensitive_SOS_Decision_-_Peers_Redacted.pdf-conduct that fell significantly short of the standards expected of the profession, the panel ./Official_Sensitive_SOS_Decision_-_Peers_Redacted.pdf-considered if Mr Peers’ conduct amounted to conduct that may bring the profession into ./Official_Sensitive_SOS_Decision_-_Peers_Redacted.pdf-disrepute. ./Official_Sensitive_SOS_Decision_-_Peers_Redacted.pdf- ./Official_Sensitive_SOS_Decision_-_Peers_Redacted.pdf-The panel took into account the way the teaching profession is viewed by others and ./Official_Sensitive_SOS_Decision_-_Peers_Redacted.pdf-considered the influence that teachers may have on pupils, parents and others in the ./Official_Sensitive_SOS_Decision_-_Peers_Redacted.pdf-community. The panel also took account of the uniquely influential role that teachers can ./Official_Sensitive_SOS_Decision_-_Peers_Redacted.pdf-hold in pupils’ lives and the fact that pupils must be able to view teachers as role models -- ./Official_Sensitive_SOS_Decision_-_Peers_Redacted.pdf- own attendance and punctuality. ./Official_Sensitive_SOS_Decision_-_Peers_Redacted.pdf- ./Official_Sensitive_SOS_Decision_-_Peers_Redacted.pdf- ▪ Teachers must have an understanding of, and always act within, the statutory ./Official_Sensitive_SOS_Decision_-_Peers_Redacted.pdf- frameworks which set out their professional duties and responsibilities. ./Official_Sensitive_SOS_Decision_-_Peers_Redacted.pdf- ./Official_Sensitive_SOS_Decision_-_Peers_Redacted.pdf-The panel finds that the conduct of Mr Peers fell significantly short of the standards ./Official_Sensitive_SOS_Decision_-_Peers_Redacted.pdf-expected of the profession. ./Official_Sensitive_SOS_Decision_-_Peers_Redacted.pdf- ./Official_Sensitive_SOS_Decision_-_Peers_Redacted.pdf-The findings of misconduct are particularly serious as they include a finding of sending ./Official_Sensitive_SOS_Decision_-_Peers_Redacted.pdf-inappropriate emails to staff and that the volume of the emails sent and the language ./Official_Sensitive_SOS_Decision_-_Peers_Redacted.pdf:used by Mr Peers in some of them, which was sexual in nature, may have shocked and ./Official_Sensitive_SOS_Decision_-_Peers_Redacted.pdf-upset the members of staff who received them, and that Mr Peers engaged in ./Official_Sensitive_SOS_Decision_-_Peers_Redacted.pdf-inappropriate contact with his former pupils. ./Official_Sensitive_SOS_Decision_-_Peers_Redacted.pdf- ./Official_Sensitive_SOS_Decision_-_Peers_Redacted.pdf-I have to determine whether the imposition of a prohibition order is proportionate and in ./Official_Sensitive_SOS_Decision_-_Peers_Redacted.pdf-the public interest. In considering that for this case, I have considered the overall aim of a ./Official_Sensitive_SOS_Decision_-_Peers_Redacted.pdf-prohibition order which is to protect pupils and to maintain public confidence in the ./Official_Sensitive_SOS_Decision_-_Peers_Redacted.pdf-profession. I have considered the extent to which a prohibition order in this case would ./Official_Sensitive_SOS_Decision_-_Peers_Redacted.pdf-achieve that aim taking into account the impact that it will have on the individual teacher. ./Official_Sensitive_SOS_Decision_-_Peers_Redacted.pdf-I have also asked myself, whether a less intrusive measure, such as the published ./Official_Sensitive_SOS_Decision_-_Peers_Redacted.pdf-finding of unacceptable professional conduct and conduct that may bring the profession ./OFFICIAL_SENSITIVE_SOS_decision_-_Wong.pdf-Allegations ./OFFICIAL_SENSITIVE_SOS_decision_-_Wong.pdf-The panel considered the allegation set out in the notice of meeting dated 10 September ./OFFICIAL_SENSITIVE_SOS_decision_-_Wong.pdf-2021. ./OFFICIAL_SENSITIVE_SOS_decision_-_Wong.pdf- ./OFFICIAL_SENSITIVE_SOS_decision_-_Wong.pdf-It was alleged that Mr Wong was guilty of unacceptable professional conduct and/or ./OFFICIAL_SENSITIVE_SOS_decision_-_Wong.pdf-conduct that may bring the profession into disrepute in that: ./OFFICIAL_SENSITIVE_SOS_decision_-_Wong.pdf- ./OFFICIAL_SENSITIVE_SOS_decision_-_Wong.pdf-1. On 6 October 2020, while working as a supply teacher at John Colet School, he ./OFFICIAL_SENSITIVE_SOS_decision_-_Wong.pdf: watched adult pornography on school IT equipment during the teaching day. ./OFFICIAL_SENSITIVE_SOS_decision_-_Wong.pdf- ./OFFICIAL_SENSITIVE_SOS_decision_-_Wong.pdf-Mr Wong admitted the facts of allegation 1 and that his behaviour amounted to ./OFFICIAL_SENSITIVE_SOS_decision_-_Wong.pdf-unacceptable professional conduct and/or conduct that may bring the profession into ./OFFICIAL_SENSITIVE_SOS_decision_-_Wong.pdf-disrepute, as set out in the response to the notice of referral, dated 19 April 2021, and in ./OFFICIAL_SENSITIVE_SOS_decision_-_Wong.pdf-the statement of agreed facts signed by Mr Wong on 26 July 2021. ./OFFICIAL_SENSITIVE_SOS_decision_-_Wong.pdf- ./OFFICIAL_SENSITIVE_SOS_decision_-_Wong.pdf- ./OFFICIAL_SENSITIVE_SOS_decision_-_Wong.pdf-Preliminary applications ./OFFICIAL_SENSITIVE_SOS_decision_-_Wong.pdf-There were no preliminary applications. ./OFFICIAL_SENSITIVE_SOS_decision_-_Wong.pdf- -- ./OFFICIAL_SENSITIVE_SOS_decision_-_Wong.pdf-The panel carefully considered the case and reached a decision. ./OFFICIAL_SENSITIVE_SOS_decision_-_Wong.pdf- ./OFFICIAL_SENSITIVE_SOS_decision_-_Wong.pdf-In advance of the meeting, the TRA agreed to a request from Mr Wong for the allegation ./OFFICIAL_SENSITIVE_SOS_decision_-_Wong.pdf-to be considered without a hearing. The panel had the ability to direct that the case be ./OFFICIAL_SENSITIVE_SOS_decision_-_Wong.pdf-considered at a hearing if required in the interests of justice or in the public interest. The ./OFFICIAL_SENSITIVE_SOS_decision_-_Wong.pdf-panel did not determine that such a direction was necessary or appropriate in this case. ./OFFICIAL_SENSITIVE_SOS_decision_-_Wong.pdf- ./OFFICIAL_SENSITIVE_SOS_decision_-_Wong.pdf-Mr Wong joined Simply Education Ltd (‘the Agency’) in 2009. Mr Wong started work at ./OFFICIAL_SENSITIVE_SOS_decision_-_Wong.pdf-John Colet School (‘the School’) as a supply teacher on 1 October 2020. ./OFFICIAL_SENSITIVE_SOS_decision_-_Wong.pdf- ./OFFICIAL_SENSITIVE_SOS_decision_-_Wong.pdf:Mr Wong accessed adult pornography on the School’s IT software during his Planning, ./OFFICIAL_SENSITIVE_SOS_decision_-_Wong.pdf-Preparation and Assessment time (‘PPA’), on 6 October 2020. ./OFFICIAL_SENSITIVE_SOS_decision_-_Wong.pdf- ./OFFICIAL_SENSITIVE_SOS_decision_-_Wong.pdf-On 7 October 2020, Mr Wong ceased working at the School. The matter was later ./OFFICIAL_SENSITIVE_SOS_decision_-_Wong.pdf-referred to the Local Authority Designated Officer (‘LADO’), on 12 October 2020. ./OFFICIAL_SENSITIVE_SOS_decision_-_Wong.pdf- ./OFFICIAL_SENSITIVE_SOS_decision_-_Wong.pdf-The Agency’s investigation and the LADO concluded that the matter was substantiated, ./OFFICIAL_SENSITIVE_SOS_decision_-_Wong.pdf-on 23 October 2020. The Agency ceased offering work to Mr Wong from 26 October ./OFFICIAL_SENSITIVE_SOS_decision_-_Wong.pdf-2020. ./OFFICIAL_SENSITIVE_SOS_decision_-_Wong.pdf- ./OFFICIAL_SENSITIVE_SOS_decision_-_Wong.pdf-On 12 November 2020, the Agency referred Mr Wong to the TRA. ./OFFICIAL_SENSITIVE_SOS_decision_-_Wong.pdf- ./OFFICIAL_SENSITIVE_SOS_decision_-_Wong.pdf-Findings of fact ./OFFICIAL_SENSITIVE_SOS_decision_-_Wong.pdf- ./OFFICIAL_SENSITIVE_SOS_decision_-_Wong.pdf-The findings of fact are as follows: ./OFFICIAL_SENSITIVE_SOS_decision_-_Wong.pdf- ./OFFICIAL_SENSITIVE_SOS_decision_-_Wong.pdf-The panel found the following particulars of the allegation against you proved, for these ./OFFICIAL_SENSITIVE_SOS_decision_-_Wong.pdf-reasons: ./OFFICIAL_SENSITIVE_SOS_decision_-_Wong.pdf- ./OFFICIAL_SENSITIVE_SOS_decision_-_Wong.pdf-1. On 6 October 2020, while working as a supply teacher at John Colet School, ./OFFICIAL_SENSITIVE_SOS_decision_-_Wong.pdf: you watched adult pornography on school IT equipment during the teaching ./OFFICIAL_SENSITIVE_SOS_decision_-_Wong.pdf- day. ./OFFICIAL_SENSITIVE_SOS_decision_-_Wong.pdf- ./OFFICIAL_SENSITIVE_SOS_decision_-_Wong.pdf-The panel noted that, within the response to the notice of referral dated 19 April 2021, ./OFFICIAL_SENSITIVE_SOS_decision_-_Wong.pdf-and the statement of agreed facts signed by Mr Wong on 26 July 2021, Mr Wong ./OFFICIAL_SENSITIVE_SOS_decision_-_Wong.pdf-admitted the facts of allegation 1. ./OFFICIAL_SENSITIVE_SOS_decision_-_Wong.pdf- ./OFFICIAL_SENSITIVE_SOS_decision_-_Wong.pdf-Notwithstanding this, the panel considered the evidence provided in the bundle and ./OFFICIAL_SENSITIVE_SOS_decision_-_Wong.pdf-made its own determination based on the evidence available to it. ./OFFICIAL_SENSITIVE_SOS_decision_-_Wong.pdf- ./OFFICIAL_SENSITIVE_SOS_decision_-_Wong.pdf-The panel considered the evidence which identified that on 6 October 2020, Mr Wong ./OFFICIAL_SENSITIVE_SOS_decision_-_Wong.pdf:streamed online adult pornography using the School’s IT system during his PPA time. ./OFFICIAL_SENSITIVE_SOS_decision_-_Wong.pdf- ./OFFICIAL_SENSITIVE_SOS_decision_-_Wong.pdf- ./OFFICIAL_SENSITIVE_SOS_decision_-_Wong.pdf- 5 ./OFFICIAL_SENSITIVE_SOS_decision_-_Wong.pdf- -- ./OFFICIAL_SENSITIVE_SOS_decision_-_Wong.pdf-The conduct was detected by the School’s eSafe software system and Mr Wong was ./OFFICIAL_SENSITIVE_SOS_decision_-_Wong.pdf-removed from his booking with the School the following day. During the Agency’s ./OFFICIAL_SENSITIVE_SOS_decision_-_Wong.pdf:investigation, Mr Wong fully admitted to accessing adult pornography on the School’s IT ./OFFICIAL_SENSITIVE_SOS_decision_-_Wong.pdf-equipment during the teaching day. ./OFFICIAL_SENSITIVE_SOS_decision_-_Wong.pdf- ./OFFICIAL_SENSITIVE_SOS_decision_-_Wong.pdf-The panel identified in the bundle there was evidence of several instances where Mr ./OFFICIAL_SENSITIVE_SOS_decision_-_Wong.pdf:Wong fully admitted his conduct and the access to adult pornography was supported by ./OFFICIAL_SENSITIVE_SOS_decision_-_Wong.pdf-technical and documentary evidence. ./OFFICIAL_SENSITIVE_SOS_decision_-_Wong.pdf- ./OFFICIAL_SENSITIVE_SOS_decision_-_Wong.pdf-The panel found allegation 1 proved. ./OFFICIAL_SENSITIVE_SOS_decision_-_Wong.pdf- ./OFFICIAL_SENSITIVE_SOS_decision_-_Wong.pdf-Findings as to unacceptable professional conduct and/or conduct that ./OFFICIAL_SENSITIVE_SOS_decision_-_Wong.pdf-may bring the profession into disrepute ./OFFICIAL_SENSITIVE_SOS_decision_-_Wong.pdf- ./OFFICIAL_SENSITIVE_SOS_decision_-_Wong.pdf-Having found the allegation proved, the panel went on to consider whether the facts of ./OFFICIAL_SENSITIVE_SOS_decision_-_Wong.pdf-the proved allegation amounted to unacceptable professional conduct and/or conduct ./OFFICIAL_SENSITIVE_SOS_decision_-_Wong.pdf-that may bring the profession into disrepute. -- ./OFFICIAL_SENSITIVE_SOS_decision_-_Wong.pdf-standards expected of the profession. ./OFFICIAL_SENSITIVE_SOS_decision_-_Wong.pdf- ./OFFICIAL_SENSITIVE_SOS_decision_-_Wong.pdf-The panel also considered whether Mr Wong’s conduct displayed behaviours associated ./OFFICIAL_SENSITIVE_SOS_decision_-_Wong.pdf-with any of the offences listed on pages 10 and 11 of the Advice. The panel found that ./OFFICIAL_SENSITIVE_SOS_decision_-_Wong.pdf-none of these offences were relevant. The Advice indicates that where behaviours ./OFFICIAL_SENSITIVE_SOS_decision_-_Wong.pdf-associated with such an offence exist, a panel is more likely to conclude that an ./OFFICIAL_SENSITIVE_SOS_decision_-_Wong.pdf-individual’s conduct would amount to unacceptable professional conduct. ./OFFICIAL_SENSITIVE_SOS_decision_-_Wong.pdf- ./OFFICIAL_SENSITIVE_SOS_decision_-_Wong.pdf-The panel noted that the allegation took place inside an education setting and during the ./OFFICIAL_SENSITIVE_SOS_decision_-_Wong.pdf-teaching day. Further it was noted that Mr Wong used the School IT equipment to view ./OFFICIAL_SENSITIVE_SOS_decision_-_Wong.pdf:adult pornography which was in clear contravention of the Teachers’ Standards. ./OFFICIAL_SENSITIVE_SOS_decision_-_Wong.pdf- ./OFFICIAL_SENSITIVE_SOS_decision_-_Wong.pdf-Whilst the panel had regard to the fact that no pupils were present at the time of the ./OFFICIAL_SENSITIVE_SOS_decision_-_Wong.pdf-incident, the panel did consider that as a teacher Mr Wong was likely to be viewed as a ./OFFICIAL_SENSITIVE_SOS_decision_-_Wong.pdf-role model by pupils. The panel believed Mr Wong’s behaviour would undoubtedly ./OFFICIAL_SENSITIVE_SOS_decision_-_Wong.pdf- ./OFFICIAL_SENSITIVE_SOS_decision_-_Wong.pdf- ./OFFICIAL_SENSITIVE_SOS_decision_-_Wong.pdf- ./OFFICIAL_SENSITIVE_SOS_decision_-_Wong.pdf- 6 ./OFFICIAL_SENSITIVE_SOS_decision_-_Wong.pdf- -- ./OFFICIAL_SENSITIVE_SOS_decision_-_Wong.pdf-proportionate measure, and whether it would be in the public interest to do so. Prohibition ./OFFICIAL_SENSITIVE_SOS_decision_-_Wong.pdf-orders should not be given in order to be punitive, or to show that blame has been ./OFFICIAL_SENSITIVE_SOS_decision_-_Wong.pdf-apportioned, although they are likely to have punitive effect. ./OFFICIAL_SENSITIVE_SOS_decision_-_Wong.pdf- ./OFFICIAL_SENSITIVE_SOS_decision_-_Wong.pdf-The panel had regard to the particular public interest considerations set out in the Advice ./OFFICIAL_SENSITIVE_SOS_decision_-_Wong.pdf-and having done so, found a number of them to be relevant in this case, namely: the ./OFFICIAL_SENSITIVE_SOS_decision_-_Wong.pdf-maintenance of public confidence in the profession and declaring and upholding proper ./OFFICIAL_SENSITIVE_SOS_decision_-_Wong.pdf-standards of conduct. ./OFFICIAL_SENSITIVE_SOS_decision_-_Wong.pdf- ./OFFICIAL_SENSITIVE_SOS_decision_-_Wong.pdf-In light of the panel’s findings against Mr Wong, which involved watching adult ./OFFICIAL_SENSITIVE_SOS_decision_-_Wong.pdf:pornography during the school day and using the School’s equipment, there was a strong ./OFFICIAL_SENSITIVE_SOS_decision_-_Wong.pdf-public interest consideration. ./OFFICIAL_SENSITIVE_SOS_decision_-_Wong.pdf- ./OFFICIAL_SENSITIVE_SOS_decision_-_Wong.pdf- ./OFFICIAL_SENSITIVE_SOS_decision_-_Wong.pdf- 7 ./OFFICIAL_SENSITIVE_SOS_decision_-_Wong.pdf- -- ./OFFICIAL_SENSITIVE_SOS_decision_-_Wong.pdf- ./OFFICIAL_SENSITIVE_SOS_decision_-_Wong.pdf-In particular, the panel has found that Mr Wong is in breach of the following standards: ./OFFICIAL_SENSITIVE_SOS_decision_-_Wong.pdf- ./OFFICIAL_SENSITIVE_SOS_decision_-_Wong.pdf- • Teachers must have proper and professional regard for the ethos, policies and ./OFFICIAL_SENSITIVE_SOS_decision_-_Wong.pdf- practices of the school in which they teach. ./OFFICIAL_SENSITIVE_SOS_decision_-_Wong.pdf- ./OFFICIAL_SENSITIVE_SOS_decision_-_Wong.pdf-The panel finds that the conduct of Mr Wong fell significantly short of the standards ./OFFICIAL_SENSITIVE_SOS_decision_-_Wong.pdf-expected of the profession. ./OFFICIAL_SENSITIVE_SOS_decision_-_Wong.pdf- ./OFFICIAL_SENSITIVE_SOS_decision_-_Wong.pdf-The findings of misconduct are serious as they include a finding of watching adult ./OFFICIAL_SENSITIVE_SOS_decision_-_Wong.pdf:pornography on school IT equipment during the teaching day. ./OFFICIAL_SENSITIVE_SOS_decision_-_Wong.pdf- ./OFFICIAL_SENSITIVE_SOS_decision_-_Wong.pdf-I have to determine whether the imposition of a prohibition order is proportionate and in ./OFFICIAL_SENSITIVE_SOS_decision_-_Wong.pdf-the public interest. In considering that for this case, I have considered the overall aim of a ./OFFICIAL_SENSITIVE_SOS_decision_-_Wong.pdf-prohibition order which is to protect pupils and to maintain public confidence in the ./OFFICIAL_SENSITIVE_SOS_decision_-_Wong.pdf-profession. I have considered the extent to which a prohibition order in this case would ./OFFICIAL_SENSITIVE_SOS_decision_-_Wong.pdf-achieve that aim taking into account the impact that it will have on the individual teacher. ./OFFICIAL_SENSITIVE_SOS_decision_-_Wong.pdf-I have also asked myself, whether a less intrusive measure, such as the published ./OFFICIAL_SENSITIVE_SOS_decision_-_Wong.pdf-finding of unacceptable professional conduct and conduct that may bring the profession ./OFFICIAL_SENSITIVE_SOS_decision_-_Wong.pdf-into disrepute, would itself be sufficient to achieve the overall aim. I have to consider ./OFFICIAL_SENSITIVE_SOS_decision_-_Wong.pdf-whether the consequences of such a publication are themselves sufficient. I have -- ./OFFICIAL_SENSITIVE_SOS_decision_-_Wong.pdf-“In light of the panel’s findings against Mr Wong, which involved watching adult ./OFFICIAL_SENSITIVE_SOS_decision_-_Wong.pdf:pornography during the school day and using the School’s equipment, there was a strong ./OFFICIAL_SENSITIVE_SOS_decision_-_Wong.pdf-public interest consideration.” ./OFFICIAL_SENSITIVE_SOS_decision_-_Wong.pdf- ./OFFICIAL_SENSITIVE_SOS_decision_-_Wong.pdf-I have had to consider that the public has a high expectation of professional standards of ./OFFICIAL_SENSITIVE_SOS_decision_-_Wong.pdf-all teachers and that the public might regard a failure to impose a prohibition order as a ./OFFICIAL_SENSITIVE_SOS_decision_-_Wong.pdf-failure to uphold those high standards. In weighing these considerations, I have had to ./OFFICIAL_SENSITIVE_SOS_decision_-_Wong.pdf-consider the matter from the point of view of an “ordinary intelligent and well-informed ./OFFICIAL_SENSITIVE_SOS_decision_-_Wong.pdf-citizen.” ./OFFICIAL_SENSITIVE_SOS_decision_-_Wong.pdf- ./OFFICIAL_SENSITIVE_SOS_decision_-_Wong.pdf-I have considered whether the publication of a finding of unacceptable professional ./OFFICIAL_SENSITIVE_SOS_decision_-_Wong.pdf-conduct, in the absence of a prohibition order, can itself be regarded by such a person as ./OFFICIAL_SENSITIVE_SoS_decision_for_Andrew_Prestoe.pdf-teacher (Individual C). Mr Prestoe admitted that he did not act in full accordance with ./OFFICIAL_SENSITIVE_SoS_decision_for_Andrew_Prestoe.pdf-statutory provisions or applicable guidance. ./OFFICIAL_SENSITIVE_SoS_decision_for_Andrew_Prestoe.pdf- ./OFFICIAL_SENSITIVE_SoS_decision_for_Andrew_Prestoe.pdf-Mr Prestoe accepted that he received complaints about Individual C's behaviour towards ./OFFICIAL_SENSITIVE_SoS_decision_for_Andrew_Prestoe.pdf-pupils and that he failed to act consistently and appropriately in dealing with these ./OFFICIAL_SENSITIVE_SoS_decision_for_Andrew_Prestoe.pdf-complaints. He further accepted that he failed to keep the Local Authority Designated ./OFFICIAL_SENSITIVE_SoS_decision_for_Andrew_Prestoe.pdf-Officer (LADO) consistently involved. He acknowledged that it would have been ./OFFICIAL_SENSITIVE_SoS_decision_for_Andrew_Prestoe.pdf-appropriate to have taken further disciplinary action against Individual C. ./OFFICIAL_SENSITIVE_SoS_decision_for_Andrew_Prestoe.pdf- ./OFFICIAL_SENSITIVE_SoS_decision_for_Andrew_Prestoe.pdf:The Safeguarding Case Review undertaken by Essex County Council dated 13 February ./OFFICIAL_SENSITIVE_SoS_decision_for_Andrew_Prestoe.pdf-2018 identified 10 specific complaints or concerns about the conduct of Individual C ./OFFICIAL_SENSITIVE_SoS_decision_for_Andrew_Prestoe.pdf-between December 2013 and September 2015. The nature of these concerns related to ./OFFICIAL_SENSITIVE_SoS_decision_for_Andrew_Prestoe.pdf-Individual C's alleged inappropriate interactions with pupils, both on and off school ./OFFICIAL_SENSITIVE_SoS_decision_for_Andrew_Prestoe.pdf-premises. ./OFFICIAL_SENSITIVE_SoS_decision_for_Andrew_Prestoe.pdf- ./OFFICIAL_SENSITIVE_SoS_decision_for_Andrew_Prestoe.pdf-Mr Prestoe admitted that he failed to conduct appropriate internal investigations into the ./OFFICIAL_SENSITIVE_SoS_decision_for_Andrew_Prestoe.pdf-allegations raised against Individual C. He further failed to instigate and complete the ./OFFICIAL_SENSITIVE_SoS_decision_for_Andrew_Prestoe.pdf-appropriate disciplinary processes regarding the management of Individual C’s alleged ./OFFICIAL_SENSITIVE_SoS_decision_for_Andrew_Prestoe.pdf-unacceptable behaviour towards pupils. Mr Prestoe also failed to make referrals to the ./OFFICIAL_SENSITIVE_SoS_decision_for_Andrew_Prestoe.pdf-LADO as would have been appropriate in all the circumstances. As a result of Mr ./OFFICIAL_SENSITIVE_SoS_Decision_for_Mr_Joel_Mansell_REDACTED.pdf- ./OFFICIAL_SENSITIVE_SoS_Decision_for_Mr_Joel_Mansell_REDACTED.pdf- b) met Pupil A after School hours unaccompanied; ./OFFICIAL_SENSITIVE_SoS_Decision_for_Mr_Joel_Mansell_REDACTED.pdf- ./OFFICIAL_SENSITIVE_SoS_Decision_for_Mr_Joel_Mansell_REDACTED.pdf- c) drove Pupil A to her home unaccompanied; ./OFFICIAL_SENSITIVE_SoS_Decision_for_Mr_Joel_Mansell_REDACTED.pdf- ./OFFICIAL_SENSITIVE_SoS_Decision_for_Mr_Joel_Mansell_REDACTED.pdf- d) met Pupil A in your home unaccompanied; ./OFFICIAL_SENSITIVE_SoS_Decision_for_Mr_Joel_Mansell_REDACTED.pdf- ./OFFICIAL_SENSITIVE_SoS_Decision_for_Mr_Joel_Mansell_REDACTED.pdf- e) provided alcohol to Pupil A at a time when she was under the legal age ./OFFICIAL_SENSITIVE_SoS_Decision_for_Mr_Joel_Mansell_REDACTED.pdf- limit; ./OFFICIAL_SENSITIVE_SoS_Decision_for_Mr_Joel_Mansell_REDACTED.pdf- ./OFFICIAL_SENSITIVE_SoS_Decision_for_Mr_Joel_Mansell_REDACTED.pdf: f) had sexual intercourse with Pupil A; ./OFFICIAL_SENSITIVE_SoS_Decision_for_Mr_Joel_Mansell_REDACTED.pdf- ./OFFICIAL_SENSITIVE_SoS_Decision_for_Mr_Joel_Mansell_REDACTED.pdf: 2. Your conduct as set out in paragraph 1 was sexually motivated; ./OFFICIAL_SENSITIVE_SoS_Decision_for_Mr_Joel_Mansell_REDACTED.pdf- ./OFFICIAL_SENSITIVE_SoS_Decision_for_Mr_Joel_Mansell_REDACTED.pdf- 3. By your conduct as set out in paragraph 1, you failed to observe a proper ./OFFICIAL_SENSITIVE_SoS_Decision_for_Mr_Joel_Mansell_REDACTED.pdf- boundary appropriate to a teacher’s professional position. ./OFFICIAL_SENSITIVE_SoS_Decision_for_Mr_Joel_Mansell_REDACTED.pdf- ./OFFICIAL_SENSITIVE_SoS_Decision_for_Mr_Joel_Mansell_REDACTED.pdf-Mr Mansell admitted allegations 1a, 1b (in so far as it related to 1c) and 1c, but on a ./OFFICIAL_SENSITIVE_SoS_Decision_for_Mr_Joel_Mansell_REDACTED.pdf-different basis to the TRA case against him. ./OFFICIAL_SENSITIVE_SoS_Decision_for_Mr_Joel_Mansell_REDACTED.pdf- ./OFFICIAL_SENSITIVE_SoS_Decision_for_Mr_Joel_Mansell_REDACTED.pdf-Mr Mansell denied allegations 1d, 1e, 1f, 2 and 3 in their entirety. ./OFFICIAL_SENSITIVE_SoS_Decision_for_Mr_Joel_Mansell_REDACTED.pdf- ./OFFICIAL_SENSITIVE_SoS_Decision_for_Mr_Joel_Mansell_REDACTED.pdf-In regard to the admitted parts of the allegations, Mr Mansell denied they amount to -- ./OFFICIAL_SENSITIVE_SoS_Decision_for_Mr_Joel_Mansell_REDACTED.pdf-Special Measures for Pupil A ./OFFICIAL_SENSITIVE_SoS_Decision_for_Mr_Joel_Mansell_REDACTED.pdf- ./OFFICIAL_SENSITIVE_SoS_Decision_for_Mr_Joel_Mansell_REDACTED.pdf-Prior to the start of the hearing, the panel considered an application from the TRA to ./OFFICIAL_SENSITIVE_SoS_Decision_for_Mr_Joel_Mansell_REDACTED.pdf-classify Pupil A as a 'vulnerable witness' and afford the witness 'special measures' when ./OFFICIAL_SENSITIVE_SoS_Decision_for_Mr_Joel_Mansell_REDACTED.pdf-giving evidence. ./OFFICIAL_SENSITIVE_SoS_Decision_for_Mr_Joel_Mansell_REDACTED.pdf- ./OFFICIAL_SENSITIVE_SoS_Decision_for_Mr_Joel_Mansell_REDACTED.pdf-The TRA submitted that Pupil A fell into the category of a 'vulnerable witness' as the ./OFFICIAL_SENSITIVE_SoS_Decision_for_Mr_Joel_Mansell_REDACTED.pdf:allegations related to conduct of a sexual nature between the pupil and the teacher and ./OFFICIAL_SENSITIVE_SoS_Decision_for_Mr_Joel_Mansell_REDACTED.pdf-that the proposed special measures would likely ease the witness's nerves in giving ./OFFICIAL_SENSITIVE_SoS_Decision_for_Mr_Joel_Mansell_REDACTED.pdf-evidence. ./OFFICIAL_SENSITIVE_SoS_Decision_for_Mr_Joel_Mansell_REDACTED.pdf- ./OFFICIAL_SENSITIVE_SoS_Decision_for_Mr_Joel_Mansell_REDACTED.pdf-Mr Mansell did not object to the application. The panel therefore considered the ./OFFICIAL_SENSITIVE_SoS_Decision_for_Mr_Joel_Mansell_REDACTED.pdf-application on the papers. The panel considered the guidance in the procedures and the ./OFFICIAL_SENSITIVE_SoS_Decision_for_Mr_Joel_Mansell_REDACTED.pdf-parties' submissions and accepted the advice of the legal adviser. ./OFFICIAL_SENSITIVE_SoS_Decision_for_Mr_Joel_Mansell_REDACTED.pdf- ./OFFICIAL_SENSITIVE_SoS_Decision_for_Mr_Joel_Mansell_REDACTED.pdf-The panel was satisfied that Pupil A fell into in the [REDACTED] category on the ./OFFICIAL_SENSITIVE_SoS_Decision_for_Mr_Joel_Mansell_REDACTED.pdf:guidance owing to the sexual nature of the allegations and that the proposed measures ./OFFICIAL_SENSITIVE_SoS_Decision_for_Mr_Joel_Mansell_REDACTED.pdf-would mitigate against any prejudice to Pupil A's [REDACTED] and to ensure the quality ./OFFICIAL_SENSITIVE_SoS_Decision_for_Mr_Joel_Mansell_REDACTED.pdf-of her evidence and makes the following directions: ./OFFICIAL_SENSITIVE_SoS_Decision_for_Mr_Joel_Mansell_REDACTED.pdf- ./OFFICIAL_SENSITIVE_SoS_Decision_for_Mr_Joel_Mansell_REDACTED.pdf- 1) [REDACTED] ./OFFICIAL_SENSITIVE_SoS_Decision_for_Mr_Joel_Mansell_REDACTED.pdf- ./OFFICIAL_SENSITIVE_SoS_Decision_for_Mr_Joel_Mansell_REDACTED.pdf- 2. Pupil A is to have the special measures available, specifically: ./OFFICIAL_SENSITIVE_SoS_Decision_for_Mr_Joel_Mansell_REDACTED.pdf- ./OFFICIAL_SENSITIVE_SoS_Decision_for_Mr_Joel_Mansell_REDACTED.pdf- a) not to have sight of Mr Mansell when giving evidence; and ./OFFICIAL_SENSITIVE_SoS_Decision_for_Mr_Joel_Mansell_REDACTED.pdf- ./OFFICIAL_SENSITIVE_SoS_Decision_for_Mr_Joel_Mansell_REDACTED.pdf- b) not to be asked questions directly by Mr Mansell. -- ./OFFICIAL_SENSITIVE_SoS_Decision_for_Mr_Joel_Mansell_REDACTED.pdf-these reasons. ./OFFICIAL_SENSITIVE_SoS_Decision_for_Mr_Joel_Mansell_REDACTED.pdf- ./OFFICIAL_SENSITIVE_SoS_Decision_for_Mr_Joel_Mansell_REDACTED.pdf-Mr Mansell qualified as teacher in 1997. In 2001, he starting working as a [REDACTED] ./OFFICIAL_SENSITIVE_SoS_Decision_for_Mr_Joel_Mansell_REDACTED.pdf-teacher at Noel Baker School. In 2006, he left Noel Baker School and joined Bluecoat ./OFFICIAL_SENSITIVE_SoS_Decision_for_Mr_Joel_Mansell_REDACTED.pdf-Wollaton Academy. ./OFFICIAL_SENSITIVE_SoS_Decision_for_Mr_Joel_Mansell_REDACTED.pdf- ./OFFICIAL_SENSITIVE_SoS_Decision_for_Mr_Joel_Mansell_REDACTED.pdf-Pupil A joined Noel Baker School, [REDACTED]. It was not clear from the evidence ./OFFICIAL_SENSITIVE_SoS_Decision_for_Mr_Joel_Mansell_REDACTED.pdf-exactly which year Pupil A [REDACTED]. ./OFFICIAL_SENSITIVE_SoS_Decision_for_Mr_Joel_Mansell_REDACTED.pdf- ./OFFICIAL_SENSITIVE_SoS_Decision_for_Mr_Joel_Mansell_REDACTED.pdf-In March 2018, Pupil A contacted the Independent Inquiry into Child Sexual Abuse by ./OFFICIAL_SENSITIVE_SoS_Decision_for_Mr_Joel_Mansell_REDACTED.pdf:email, following hearing their radio advert and disclosed that Mr Mansell had sexually ./OFFICIAL_SENSITIVE_SoS_Decision_for_Mr_Joel_Mansell_REDACTED.pdf-abused her whilst she was a pupil at Noel Baker School. The Inquiry provided this ./OFFICIAL_SENSITIVE_SoS_Decision_for_Mr_Joel_Mansell_REDACTED.pdf-disclosure to other agencies including the police and the relevant Local Authority ./OFFICIAL_SENSITIVE_SoS_Decision_for_Mr_Joel_Mansell_REDACTED.pdf-Designated Officer ("LADO"). ./OFFICIAL_SENSITIVE_SoS_Decision_for_Mr_Joel_Mansell_REDACTED.pdf- ./OFFICIAL_SENSITIVE_SoS_Decision_for_Mr_Joel_Mansell_REDACTED.pdf-The police commenced a criminal investigation, but a prosecution did not follow. As part ./OFFICIAL_SENSITIVE_SoS_Decision_for_Mr_Joel_Mansell_REDACTED.pdf-of that investigation, Pupil A gave an account to the police in a video interview ./OFFICIAL_SENSITIVE_SoS_Decision_for_Mr_Joel_Mansell_REDACTED.pdf-(commonly referred to as an 'ABE' interview). Mr Mansell also gave an account to the ./OFFICIAL_SENSITIVE_SoS_Decision_for_Mr_Joel_Mansell_REDACTED.pdf-police in an interview under caution. ./OFFICIAL_SENSITIVE_SoS_Decision_for_Mr_Joel_Mansell_REDACTED.pdf- ./OFFICIAL_SENSITIVE_SoS_Decision_for_Mr_Joel_Mansell_REDACTED.pdf-The LADO further disclosed this information to Bluecoat Wollaton Academy, who were Mr -- ./OFFICIAL_SENSITIVE_SoS_Decision_for_Mr_Joel_Mansell_REDACTED.pdf-the core issues, when considered alongside the other evidence in the case, was a truthful ./OFFICIAL_SENSITIVE_SoS_Decision_for_Mr_Joel_Mansell_REDACTED.pdf-account. The panel did not consider that the fact that Pupil A admitted not being honest ./OFFICIAL_SENSITIVE_SoS_Decision_for_Mr_Joel_Mansell_REDACTED.pdf-about her [REDACTED], essentially an online CV, as a persuasive factor in ./OFFICIAL_SENSITIVE_SoS_Decision_for_Mr_Joel_Mansell_REDACTED.pdf-fundamentally undermining her credibility. ./OFFICIAL_SENSITIVE_SoS_Decision_for_Mr_Joel_Mansell_REDACTED.pdf- ./OFFICIAL_SENSITIVE_SoS_Decision_for_Mr_Joel_Mansell_REDACTED.pdf-The panel considered Mr Mansell was guarded in his evidence and overly cautious when ./OFFICIAL_SENSITIVE_SoS_Decision_for_Mr_Joel_Mansell_REDACTED.pdf-giving answers. The panel noted Mr Mansell would often simply recite passages from his ./OFFICIAL_SENSITIVE_SoS_Decision_for_Mr_Joel_Mansell_REDACTED.pdf-statement in responses to questions. In considering his evidence alongside other ./OFFICIAL_SENSITIVE_SoS_Decision_for_Mr_Joel_Mansell_REDACTED.pdf-evidence in the case, the panel did not consider his account compelling. ./OFFICIAL_SENSITIVE_SoS_Decision_for_Mr_Joel_Mansell_REDACTED.pdf- ./OFFICIAL_SENSITIVE_SoS_Decision_for_Mr_Joel_Mansell_REDACTED.pdf:The crux of this case rests on the question of whether Mr Mansell entered into a sexual ./OFFICIAL_SENSITIVE_SoS_Decision_for_Mr_Joel_Mansell_REDACTED.pdf-relationship with Pupil A. The panel finds, it is more likely than not, that Mr Mansell did ./OFFICIAL_SENSITIVE_SoS_Decision_for_Mr_Joel_Mansell_REDACTED.pdf-so. ./OFFICIAL_SENSITIVE_SoS_Decision_for_Mr_Joel_Mansell_REDACTED.pdf- ./OFFICIAL_SENSITIVE_SoS_Decision_for_Mr_Joel_Mansell_REDACTED.pdf-Findings of fact ./OFFICIAL_SENSITIVE_SoS_Decision_for_Mr_Joel_Mansell_REDACTED.pdf- ./OFFICIAL_SENSITIVE_SoS_Decision_for_Mr_Joel_Mansell_REDACTED.pdf-The panel's specific findings of fact are as follows: ./OFFICIAL_SENSITIVE_SoS_Decision_for_Mr_Joel_Mansell_REDACTED.pdf- ./OFFICIAL_SENSITIVE_SoS_Decision_for_Mr_Joel_Mansell_REDACTED.pdf-1. On various unknown dates, during the period 2001 to 2002, you: ./OFFICIAL_SENSITIVE_SoS_Decision_for_Mr_Joel_Mansell_REDACTED.pdf- ./OFFICIAL_SENSITIVE_SoS_Decision_for_Mr_Joel_Mansell_REDACTED.pdf- a) spoke with Pupil A by telephone about non-School matters; -- ./OFFICIAL_SENSITIVE_SoS_Decision_for_Mr_Joel_Mansell_REDACTED.pdf-[REDACTED] and bearing in mind the passage of time and the age of Pupil A at the time, ./OFFICIAL_SENSITIVE_SoS_Decision_for_Mr_Joel_Mansell_REDACTED.pdf-establishing the fact that it wasn't [REDACTED], did not fundamentally undermine Pupil ./OFFICIAL_SENSITIVE_SoS_Decision_for_Mr_Joel_Mansell_REDACTED.pdf-A's account. ./OFFICIAL_SENSITIVE_SoS_Decision_for_Mr_Joel_Mansell_REDACTED.pdf- ./OFFICIAL_SENSITIVE_SoS_Decision_for_Mr_Joel_Mansell_REDACTED.pdf-The panel considered Pupil A's account credible in this regard when put alongside other ./OFFICIAL_SENSITIVE_SoS_Decision_for_Mr_Joel_Mansell_REDACTED.pdf-proven allegations and therefore find it was more likely than not that Mr Mansell provided ./OFFICIAL_SENSITIVE_SoS_Decision_for_Mr_Joel_Mansell_REDACTED.pdf-Pupil A with alcohol [REDACTED]. ./OFFICIAL_SENSITIVE_SoS_Decision_for_Mr_Joel_Mansell_REDACTED.pdf- ./OFFICIAL_SENSITIVE_SoS_Decision_for_Mr_Joel_Mansell_REDACTED.pdf-Therefore, the panel find this allegation proved. ./OFFICIAL_SENSITIVE_SoS_Decision_for_Mr_Joel_Mansell_REDACTED.pdf- ./OFFICIAL_SENSITIVE_SoS_Decision_for_Mr_Joel_Mansell_REDACTED.pdf: f) had sexual intercourse with Pupil A; ./OFFICIAL_SENSITIVE_SoS_Decision_for_Mr_Joel_Mansell_REDACTED.pdf- ./OFFICIAL_SENSITIVE_SoS_Decision_for_Mr_Joel_Mansell_REDACTED.pdf-Pupil A gave evidence that as the relationship with Mr Mansell developed, she went to ./OFFICIAL_SENSITIVE_SoS_Decision_for_Mr_Joel_Mansell_REDACTED.pdf:his home address, where they had sexual intercourse on a number of occasions. She ./OFFICIAL_SENSITIVE_SoS_Decision_for_Mr_Joel_Mansell_REDACTED.pdf-described in detail, losing her virginity to Mr Mansell in the property. ./OFFICIAL_SENSITIVE_SoS_Decision_for_Mr_Joel_Mansell_REDACTED.pdf- ./OFFICIAL_SENSITIVE_SoS_Decision_for_Mr_Joel_Mansell_REDACTED.pdf:Mr Mansell denied that he had had any sexual relationship with Pupil A. ./OFFICIAL_SENSITIVE_SoS_Decision_for_Mr_Joel_Mansell_REDACTED.pdf- ./OFFICIAL_SENSITIVE_SoS_Decision_for_Mr_Joel_Mansell_REDACTED.pdf-The panel considered Pupil A's account credible and she gave details about aspects that ./OFFICIAL_SENSITIVE_SoS_Decision_for_Mr_Joel_Mansell_REDACTED.pdf-she might have found to be embarrassing, such as being on her period and using a ./OFFICIAL_SENSITIVE_SoS_Decision_for_Mr_Joel_Mansell_REDACTED.pdf-condom, which she would be unlikely to make up. ./OFFICIAL_SENSITIVE_SoS_Decision_for_Mr_Joel_Mansell_REDACTED.pdf- ./OFFICIAL_SENSITIVE_SoS_Decision_for_Mr_Joel_Mansell_REDACTED.pdf-The panel also considered Mr Mansell's entry in Pupil A's school 'Leaver's Book' ./OFFICIAL_SENSITIVE_SoS_Decision_for_Mr_Joel_Mansell_REDACTED.pdf-[REDACTED], which read: ./OFFICIAL_SENSITIVE_SoS_Decision_for_Mr_Joel_Mansell_REDACTED.pdf- ./OFFICIAL_SENSITIVE_SoS_Decision_for_Mr_Joel_Mansell_REDACTED.pdf- ./OFFICIAL_SENSITIVE_SoS_Decision_for_Mr_Joel_Mansell_REDACTED.pdf- -- ./OFFICIAL_SENSITIVE_SoS_Decision_for_Mr_Joel_Mansell_REDACTED.pdf-The panel considered Mr Mansell's entry in this document, which was one of the few ./OFFICIAL_SENSITIVE_SoS_Decision_for_Mr_Joel_Mansell_REDACTED.pdf-contemporaneous documents from the time of the allegations, as an unusual entry for ./OFFICIAL_SENSITIVE_SoS_Decision_for_Mr_Joel_Mansell_REDACTED.pdf-any teacher to make, [REDACTED]. Reference to having a 'ball in many ways' was at ./OFFICIAL_SENSITIVE_SoS_Decision_for_Mr_Joel_Mansell_REDACTED.pdf-odds with the account that Mr Mansell gave regarding the relationship between them, ./OFFICIAL_SENSITIVE_SoS_Decision_for_Mr_Joel_Mansell_REDACTED.pdf-which he described as little more than a pupil confiding in a teacher about [REDACTED]. ./OFFICIAL_SENSITIVE_SoS_Decision_for_Mr_Joel_Mansell_REDACTED.pdf-The panel also considered the natural inference that the reference to a date in February ./OFFICIAL_SENSITIVE_SoS_Decision_for_Mr_Joel_Mansell_REDACTED.pdf-and Venice held was a romantic connotation. The panel considered that this piece of ./OFFICIAL_SENSITIVE_SoS_Decision_for_Mr_Joel_Mansell_REDACTED.pdf-evidence supported the account that Pupil A gave. ./OFFICIAL_SENSITIVE_SoS_Decision_for_Mr_Joel_Mansell_REDACTED.pdf- ./OFFICIAL_SENSITIVE_SoS_Decision_for_Mr_Joel_Mansell_REDACTED.pdf-The panel therefore considered that it was more likely than not, that Mr Mansell had ./OFFICIAL_SENSITIVE_SoS_Decision_for_Mr_Joel_Mansell_REDACTED.pdf:engaged in sexual intercourse with Pupil A and find this allegation proved. ./OFFICIAL_SENSITIVE_SoS_Decision_for_Mr_Joel_Mansell_REDACTED.pdf- ./OFFICIAL_SENSITIVE_SoS_Decision_for_Mr_Joel_Mansell_REDACTED.pdf:2. Your conduct as set out in paragraph 1 was sexually motivated; ./OFFICIAL_SENSITIVE_SoS_Decision_for_Mr_Joel_Mansell_REDACTED.pdf- ./OFFICIAL_SENSITIVE_SoS_Decision_for_Mr_Joel_Mansell_REDACTED.pdf-Having found allegation 1 proved, particularly allegation 1f, the panel considered the only ./OFFICIAL_SENSITIVE_SoS_Decision_for_Mr_Joel_Mansell_REDACTED.pdf:natural explanation for Mr Mansell's behaviour would be for sexual gratification and ./OFFICIAL_SENSITIVE_SoS_Decision_for_Mr_Joel_Mansell_REDACTED.pdf:pursuit of a sexual relationship. The panel therefore find that it is more likely than not that ./OFFICIAL_SENSITIVE_SoS_Decision_for_Mr_Joel_Mansell_REDACTED.pdf:Mr Mansell's conduct was sexually motivated. ./OFFICIAL_SENSITIVE_SoS_Decision_for_Mr_Joel_Mansell_REDACTED.pdf- ./OFFICIAL_SENSITIVE_SoS_Decision_for_Mr_Joel_Mansell_REDACTED.pdf-3. By your conduct as set out in paragraph 1, you failed to observe a proper ./OFFICIAL_SENSITIVE_SoS_Decision_for_Mr_Joel_Mansell_REDACTED.pdf-boundary appropriate to a teacher’s professional position. ./OFFICIAL_SENSITIVE_SoS_Decision_for_Mr_Joel_Mansell_REDACTED.pdf- ./OFFICIAL_SENSITIVE_SoS_Decision_for_Mr_Joel_Mansell_REDACTED.pdf:Following the finding of a sexual relationship between a teacher and pupil at their school, ./OFFICIAL_SENSITIVE_SoS_Decision_for_Mr_Joel_Mansell_REDACTED.pdf-it is plainly evident that proper boundaries were not kept and on the balance of ./OFFICIAL_SENSITIVE_SoS_Decision_for_Mr_Joel_Mansell_REDACTED.pdf-probabilities the panel find this allegation proved. ./OFFICIAL_SENSITIVE_SoS_Decision_for_Mr_Joel_Mansell_REDACTED.pdf- ./OFFICIAL_SENSITIVE_SoS_Decision_for_Mr_Joel_Mansell_REDACTED.pdf- ./OFFICIAL_SENSITIVE_SoS_Decision_for_Mr_Joel_Mansell_REDACTED.pdf-Findings as to unacceptable professional conduct and/or ./OFFICIAL_SENSITIVE_SoS_Decision_for_Mr_Joel_Mansell_REDACTED.pdf-conduct that may bring the profession into disrepute ./OFFICIAL_SENSITIVE_SoS_Decision_for_Mr_Joel_Mansell_REDACTED.pdf-Having found a number of the allegations proved, the panel went on to consider whether ./OFFICIAL_SENSITIVE_SoS_Decision_for_Mr_Joel_Mansell_REDACTED.pdf-the facts of those proved allegations amounted to unacceptable professional conduct ./OFFICIAL_SENSITIVE_SoS_Decision_for_Mr_Joel_Mansell_REDACTED.pdf-and/or conduct that may bring the profession into disrepute. ./OFFICIAL_SENSITIVE_SoS_Decision_for_Mr_Joel_Mansell_REDACTED.pdf- -- ./OFFICIAL_SENSITIVE_SoS_Decision_for_Mr_Joel_Mansell_REDACTED.pdf- professional position ./OFFICIAL_SENSITIVE_SoS_Decision_for_Mr_Joel_Mansell_REDACTED.pdf- ./OFFICIAL_SENSITIVE_SoS_Decision_for_Mr_Joel_Mansell_REDACTED.pdf- o having regard for the need to safeguard pupils’ well-being, in accordance ./OFFICIAL_SENSITIVE_SoS_Decision_for_Mr_Joel_Mansell_REDACTED.pdf- with statutory provisions ./OFFICIAL_SENSITIVE_SoS_Decision_for_Mr_Joel_Mansell_REDACTED.pdf- ./OFFICIAL_SENSITIVE_SoS_Decision_for_Mr_Joel_Mansell_REDACTED.pdf-The panel was satisfied that the conduct of Mr Mansell amounted to misconduct of a ./OFFICIAL_SENSITIVE_SoS_Decision_for_Mr_Joel_Mansell_REDACTED.pdf-serious nature which fell significantly short of the standards expected of the profession. ./OFFICIAL_SENSITIVE_SoS_Decision_for_Mr_Joel_Mansell_REDACTED.pdf- ./OFFICIAL_SENSITIVE_SoS_Decision_for_Mr_Joel_Mansell_REDACTED.pdf-The panel also considered whether Mr Mansell's conduct displayed behaviours ./OFFICIAL_SENSITIVE_SoS_Decision_for_Mr_Joel_Mansell_REDACTED.pdf-associated with any of the offences listed on pages 10 and 11 of the Advice, but did not ./OFFICIAL_SENSITIVE_SoS_Decision_for_Mr_Joel_Mansell_REDACTED.pdf:find these helpful bearing in mind the changes in sexual offences legislation in the ./OFFICIAL_SENSITIVE_SoS_Decision_for_Mr_Joel_Mansell_REDACTED.pdf-intervening period. ./OFFICIAL_SENSITIVE_SoS_Decision_for_Mr_Joel_Mansell_REDACTED.pdf- ./OFFICIAL_SENSITIVE_SoS_Decision_for_Mr_Joel_Mansell_REDACTED.pdf-The panel noted that the allegations took place outside the education setting, but that ./OFFICIAL_SENSITIVE_SoS_Decision_for_Mr_Joel_Mansell_REDACTED.pdf-they demonstrated that Mr Mansell's conduct led to pupils being exposed to, or ./OFFICIAL_SENSITIVE_SoS_Decision_for_Mr_Joel_Mansell_REDACTED.pdf-influenced by, his behaviour in a harmful way, which may have an impact on how he ./OFFICIAL_SENSITIVE_SoS_Decision_for_Mr_Joel_Mansell_REDACTED.pdf-fulfilled his teaching role. ./OFFICIAL_SENSITIVE_SoS_Decision_for_Mr_Joel_Mansell_REDACTED.pdf- ./OFFICIAL_SENSITIVE_SoS_Decision_for_Mr_Joel_Mansell_REDACTED.pdf-The panel took into account the way the teaching profession is viewed by others and ./OFFICIAL_SENSITIVE_SoS_Decision_for_Mr_Joel_Mansell_REDACTED.pdf-considered the influence that teachers may have on pupils, parents and others in the ./OFFICIAL_SENSITIVE_SoS_Decision_for_Mr_Joel_Mansell_REDACTED.pdf-community. The panel also took account of the uniquely influential role that teachers can -- ./OFFICIAL_SENSITIVE_SoS_Decision_for_Mr_Joel_Mansell_REDACTED.pdf-The panel considered that Mr Mansell's behaviour of taking advantage of a ./OFFICIAL_SENSITIVE_SoS_Decision_for_Mr_Joel_Mansell_REDACTED.pdf:[REDACTED], for his own sexual gratification, as completely incompatible with the ./OFFICIAL_SENSITIVE_SoS_Decision_for_Mr_Joel_Mansell_REDACTED.pdf-standing of the profession. This was a gratuitous breach of trust between a teacher and ./OFFICIAL_SENSITIVE_SoS_Decision_for_Mr_Joel_Mansell_REDACTED.pdf-those in his care. ./OFFICIAL_SENSITIVE_SoS_Decision_for_Mr_Joel_Mansell_REDACTED.pdf- ./OFFICIAL_SENSITIVE_SoS_Decision_for_Mr_Joel_Mansell_REDACTED.pdf-Having found the facts of allegations proved, the panel further found that Mr Mansell’s ./OFFICIAL_SENSITIVE_SoS_Decision_for_Mr_Joel_Mansell_REDACTED.pdf-conduct amounted to both unacceptable professional conduct and conduct that may ./OFFICIAL_SENSITIVE_SoS_Decision_for_Mr_Joel_Mansell_REDACTED.pdf-bring the profession into disrepute. ./OFFICIAL_SENSITIVE_SoS_Decision_for_Mr_Joel_Mansell_REDACTED.pdf- ./OFFICIAL_SENSITIVE_SoS_Decision_for_Mr_Joel_Mansell_REDACTED.pdf- ./OFFICIAL_SENSITIVE_SoS_Decision_for_Mr_Joel_Mansell_REDACTED.pdf-Panel’s recommendation to the Secretary of State ./OFFICIAL_SENSITIVE_SoS_Decision_for_Mr_Joel_Mansell_REDACTED.pdf-Given the panel’s findings in respect of unacceptable professional conduct and conduct -- ./OFFICIAL_SENSITIVE_SoS_Decision_for_Mr_Joel_Mansell_REDACTED.pdf-and, having done so, found a number of them to be relevant in this case, namely, ./OFFICIAL_SENSITIVE_SoS_Decision_for_Mr_Joel_Mansell_REDACTED.pdf- ./OFFICIAL_SENSITIVE_SoS_Decision_for_Mr_Joel_Mansell_REDACTED.pdf-  The protection of pupils; ./OFFICIAL_SENSITIVE_SoS_Decision_for_Mr_Joel_Mansell_REDACTED.pdf- ./OFFICIAL_SENSITIVE_SoS_Decision_for_Mr_Joel_Mansell_REDACTED.pdf-  The maintenance of public confidence in the profession; ./OFFICIAL_SENSITIVE_SoS_Decision_for_Mr_Joel_Mansell_REDACTED.pdf- ./OFFICIAL_SENSITIVE_SoS_Decision_for_Mr_Joel_Mansell_REDACTED.pdf-  Declaring and upholding proper standards of conduct. ./OFFICIAL_SENSITIVE_SoS_Decision_for_Mr_Joel_Mansell_REDACTED.pdf- ./OFFICIAL_SENSITIVE_SoS_Decision_for_Mr_Joel_Mansell_REDACTED.pdf- ./OFFICIAL_SENSITIVE_SoS_Decision_for_Mr_Joel_Mansell_REDACTED.pdf-In the light of the panel’s findings against Mr Mansell which involved a significant breach ./OFFICIAL_SENSITIVE_SoS_Decision_for_Mr_Joel_Mansell_REDACTED.pdf:of trust between a teacher and [REDACTED] for his own sexual gratification, there was a ./OFFICIAL_SENSITIVE_SoS_Decision_for_Mr_Joel_Mansell_REDACTED.pdf-strong public interest consideration in respect of the protection of pupils. Similarly, the ./OFFICIAL_SENSITIVE_SoS_Decision_for_Mr_Joel_Mansell_REDACTED.pdf-panel considered that public confidence in the profession could be seriously weakened if ./OFFICIAL_SENSITIVE_SoS_Decision_for_Mr_Joel_Mansell_REDACTED.pdf-conduct such as that found against Mr Mansell were not treated with the utmost ./OFFICIAL_SENSITIVE_SoS_Decision_for_Mr_Joel_Mansell_REDACTED.pdf-seriousness when regulating the conduct of the profession. The panel was of the view ./OFFICIAL_SENSITIVE_SoS_Decision_for_Mr_Joel_Mansell_REDACTED.pdf-that a strong public interest consideration in declaring proper standards of conduct in the ./OFFICIAL_SENSITIVE_SoS_Decision_for_Mr_Joel_Mansell_REDACTED.pdf-profession was also present as the conduct found against Mr Mansell was wholly outside ./OFFICIAL_SENSITIVE_SoS_Decision_for_Mr_Joel_Mansell_REDACTED.pdf-that which could reasonably be tolerated. ./OFFICIAL_SENSITIVE_SoS_Decision_for_Mr_Joel_Mansell_REDACTED.pdf- ./OFFICIAL_SENSITIVE_SoS_Decision_for_Mr_Joel_Mansell_REDACTED.pdf-In view of the clear public interest considerations that were present, the panel considered ./OFFICIAL_SENSITIVE_SoS_Decision_for_Mr_Joel_Mansell_REDACTED.pdf-carefully whether or not it would be proportionate to impose a prohibition order, taking -- ./OFFICIAL_SENSITIVE_SoS_Decision_for_Mr_Joel_Mansell_REDACTED.pdf- ./OFFICIAL_SENSITIVE_SoS_Decision_for_Mr_Joel_Mansell_REDACTED.pdf-  serious departure from the personal and professional conduct elements of the ./OFFICIAL_SENSITIVE_SoS_Decision_for_Mr_Joel_Mansell_REDACTED.pdf- Teachers’ Standards; ./OFFICIAL_SENSITIVE_SoS_Decision_for_Mr_Joel_Mansell_REDACTED.pdf- ./OFFICIAL_SENSITIVE_SoS_Decision_for_Mr_Joel_Mansell_REDACTED.pdf-  misconduct seriously affecting the education and/or well-being of pupils, and ./OFFICIAL_SENSITIVE_SoS_Decision_for_Mr_Joel_Mansell_REDACTED.pdf- particularly where there is a continuing risk; ./OFFICIAL_SENSITIVE_SoS_Decision_for_Mr_Joel_Mansell_REDACTED.pdf- ./OFFICIAL_SENSITIVE_SoS_Decision_for_Mr_Joel_Mansell_REDACTED.pdf-  abuse of position or trust (particularly involving vulnerable pupils) or violation of the ./OFFICIAL_SENSITIVE_SoS_Decision_for_Mr_Joel_Mansell_REDACTED.pdf- rights of pupils; ./OFFICIAL_SENSITIVE_SoS_Decision_for_Mr_Joel_Mansell_REDACTED.pdf- ./OFFICIAL_SENSITIVE_SoS_Decision_for_Mr_Joel_Mansell_REDACTED.pdf:  sexual misconduct, for example, involving actions that were sexually motivated or ./OFFICIAL_SENSITIVE_SoS_Decision_for_Mr_Joel_Mansell_REDACTED.pdf: of a sexual nature and/or that use or exploit the trust, knowledge or influence ./OFFICIAL_SENSITIVE_SoS_Decision_for_Mr_Joel_Mansell_REDACTED.pdf- derived from the individual’s professional position. ./OFFICIAL_SENSITIVE_SoS_Decision_for_Mr_Joel_Mansell_REDACTED.pdf- ./OFFICIAL_SENSITIVE_SoS_Decision_for_Mr_Joel_Mansell_REDACTED.pdf-Even though some of the behaviour found proved in this case indicated that a prohibition ./OFFICIAL_SENSITIVE_SoS_Decision_for_Mr_Joel_Mansell_REDACTED.pdf-order would be appropriate, the panel went on to consider the mitigating factors. ./OFFICIAL_SENSITIVE_SoS_Decision_for_Mr_Joel_Mansell_REDACTED.pdf-Mitigating factors may indicate that a prohibition order would not be appropriate or ./OFFICIAL_SENSITIVE_SoS_Decision_for_Mr_Joel_Mansell_REDACTED.pdf-proportionate. ./OFFICIAL_SENSITIVE_SoS_Decision_for_Mr_Joel_Mansell_REDACTED.pdf- ./OFFICIAL_SENSITIVE_SoS_Decision_for_Mr_Joel_Mansell_REDACTED.pdf-There was no evidence that Mr Mansell's actions were not deliberate. There was no ./OFFICIAL_SENSITIVE_SoS_Decision_for_Mr_Joel_Mansell_REDACTED.pdf-evidence to suggest that Mr Mansell was acting under duress, and, in fact, the panel ./OFFICIAL_SENSITIVE_SoS_Decision_for_Mr_Joel_Mansell_REDACTED.pdf-found Mr Mansell's actions to be calculated and motivated. -- ./OFFICIAL_SENSITIVE_SoS_Decision_for_Mr_Joel_Mansell_REDACTED.pdf-The panel first considered whether it would be proportionate to conclude this case with ./OFFICIAL_SENSITIVE_SoS_Decision_for_Mr_Joel_Mansell_REDACTED.pdf-no recommendation of prohibition, considering whether the publication of the findings ./OFFICIAL_SENSITIVE_SoS_Decision_for_Mr_Joel_Mansell_REDACTED.pdf-made by the panel would be sufficient. ./OFFICIAL_SENSITIVE_SoS_Decision_for_Mr_Joel_Mansell_REDACTED.pdf- ./OFFICIAL_SENSITIVE_SoS_Decision_for_Mr_Joel_Mansell_REDACTED.pdf-The panel was of the view that, applying the standard of the ordinary intelligent citizen, it ./OFFICIAL_SENSITIVE_SoS_Decision_for_Mr_Joel_Mansell_REDACTED.pdf-would not be a proportionate and appropriate response to recommend no prohibition ./OFFICIAL_SENSITIVE_SoS_Decision_for_Mr_Joel_Mansell_REDACTED.pdf-order. Mr Mansell's conduct was at the most serious end of the spectrum in regard to ./OFFICIAL_SENSITIVE_SoS_Decision_for_Mr_Joel_Mansell_REDACTED.pdf:sexual misconduct and the breach of trust between a teacher and pupil. Recommending ./OFFICIAL_SENSITIVE_SoS_Decision_for_Mr_Joel_Mansell_REDACTED.pdf-that the publication of adverse findings would be sufficient would unacceptably ./OFFICIAL_SENSITIVE_SoS_Decision_for_Mr_Joel_Mansell_REDACTED.pdf-compromise the public interest considerations present in this case, despite the severity of ./OFFICIAL_SENSITIVE_SoS_Decision_for_Mr_Joel_Mansell_REDACTED.pdf-the consequences for Mr Mansell of prohibition. ./OFFICIAL_SENSITIVE_SoS_Decision_for_Mr_Joel_Mansell_REDACTED.pdf- ./OFFICIAL_SENSITIVE_SoS_Decision_for_Mr_Joel_Mansell_REDACTED.pdf-The panel was of the view that prohibition was both proportionate and appropriate. The ./OFFICIAL_SENSITIVE_SoS_Decision_for_Mr_Joel_Mansell_REDACTED.pdf-panel decided that the public interest considerations outweighed the interests of Mr ./OFFICIAL_SENSITIVE_SoS_Decision_for_Mr_Joel_Mansell_REDACTED.pdf:Mansell. Mr Mansell's sexually motivated misconduct was a significant factor in forming ./OFFICIAL_SENSITIVE_SoS_Decision_for_Mr_Joel_Mansell_REDACTED.pdf-that opinion. Accordingly, the panel made a recommendation to the Secretary of State ./OFFICIAL_SENSITIVE_SoS_Decision_for_Mr_Joel_Mansell_REDACTED.pdf-that a prohibition order should be imposed with immediate effect. ./OFFICIAL_SENSITIVE_SoS_Decision_for_Mr_Joel_Mansell_REDACTED.pdf- ./OFFICIAL_SENSITIVE_SoS_Decision_for_Mr_Joel_Mansell_REDACTED.pdf-The panel went on to consider whether or not it would be appropriate for it to decide to ./OFFICIAL_SENSITIVE_SoS_Decision_for_Mr_Joel_Mansell_REDACTED.pdf-recommend a review period of the order. The panel was mindful that the Advice states ./OFFICIAL_SENSITIVE_SoS_Decision_for_Mr_Joel_Mansell_REDACTED.pdf-that a prohibition order applies for life, but there may be circumstances, in any given ./OFFICIAL_SENSITIVE_SoS_Decision_for_Mr_Joel_Mansell_REDACTED.pdf-case, that may make it appropriate to allow a teacher to apply to have the prohibition ./OFFICIAL_SENSITIVE_SoS_Decision_for_Mr_Joel_Mansell_REDACTED.pdf-order reviewed after a specified period of time that may not be less than 2 years. ./OFFICIAL_SENSITIVE_SoS_Decision_for_Mr_Joel_Mansell_REDACTED.pdf- ./OFFICIAL_SENSITIVE_SoS_Decision_for_Mr_Joel_Mansell_REDACTED.pdf-The Advice indicates that there are behaviours that, if proved, would militate against the ./OFFICIAL_SENSITIVE_SoS_Decision_for_Mr_Joel_Mansell_REDACTED.pdf-recommendation of a review period. One of these behaviours include: ./OFFICIAL_SENSITIVE_SoS_Decision_for_Mr_Joel_Mansell_REDACTED.pdf- ./OFFICIAL_SENSITIVE_SoS_Decision_for_Mr_Joel_Mansell_REDACTED.pdf:  Serious sexual misconduct, such as where the act was sexually motivated and ./OFFICIAL_SENSITIVE_SoS_Decision_for_Mr_Joel_Mansell_REDACTED.pdf- resulted in, or had the potential to result in, harm to a person or persons, ./OFFICIAL_SENSITIVE_SoS_Decision_for_Mr_Joel_Mansell_REDACTED.pdf- particularly where the individual has used his professional position to influence or ./OFFICIAL_SENSITIVE_SoS_Decision_for_Mr_Joel_Mansell_REDACTED.pdf- exploit a person or persons. ./OFFICIAL_SENSITIVE_SoS_Decision_for_Mr_Joel_Mansell_REDACTED.pdf- ./OFFICIAL_SENSITIVE_SoS_Decision_for_Mr_Joel_Mansell_REDACTED.pdf-The panel decided that the findings indicated a situation in which a review period would ./OFFICIAL_SENSITIVE_SoS_Decision_for_Mr_Joel_Mansell_REDACTED.pdf-not be appropriate and, as such, decided that it would be proportionate, in all the ./OFFICIAL_SENSITIVE_SoS_Decision_for_Mr_Joel_Mansell_REDACTED.pdf-circumstances, for the prohibition order to be recommended without provisions for a ./OFFICIAL_SENSITIVE_SoS_Decision_for_Mr_Joel_Mansell_REDACTED.pdf-review period. ./OFFICIAL_SENSITIVE_SoS_Decision_for_Mr_Joel_Mansell_REDACTED.pdf- ./OFFICIAL_SENSITIVE_SoS_Decision_for_Mr_Joel_Mansell_REDACTED.pdf- -- ./OFFICIAL_SENSITIVE_SoS_Decision_for_Mr_Joel_Mansell_REDACTED.pdf- and at all times observing proper boundaries appropriate to a teacher’s ./OFFICIAL_SENSITIVE_SoS_Decision_for_Mr_Joel_Mansell_REDACTED.pdf- professional position ./OFFICIAL_SENSITIVE_SoS_Decision_for_Mr_Joel_Mansell_REDACTED.pdf- ./OFFICIAL_SENSITIVE_SoS_Decision_for_Mr_Joel_Mansell_REDACTED.pdf- o having regard for the need to safeguard pupils’ well-being, in accordance ./OFFICIAL_SENSITIVE_SoS_Decision_for_Mr_Joel_Mansell_REDACTED.pdf- with statutory provisions ./OFFICIAL_SENSITIVE_SoS_Decision_for_Mr_Joel_Mansell_REDACTED.pdf- ./OFFICIAL_SENSITIVE_SoS_Decision_for_Mr_Joel_Mansell_REDACTED.pdf-The panel was also “satisfied that the conduct of Mr Mansell amounted to misconduct of ./OFFICIAL_SENSITIVE_SoS_Decision_for_Mr_Joel_Mansell_REDACTED.pdf-a serious nature which fell significantly short of the standards expected of the ./OFFICIAL_SENSITIVE_SoS_Decision_for_Mr_Joel_Mansell_REDACTED.pdf-profession.” ./OFFICIAL_SENSITIVE_SoS_Decision_for_Mr_Joel_Mansell_REDACTED.pdf- ./OFFICIAL_SENSITIVE_SoS_Decision_for_Mr_Joel_Mansell_REDACTED.pdf:The findings of misconduct are particularly serious as they include a finding of sexually ./OFFICIAL_SENSITIVE_SoS_Decision_for_Mr_Joel_Mansell_REDACTED.pdf-motivated conduct with a pupil. ./OFFICIAL_SENSITIVE_SoS_Decision_for_Mr_Joel_Mansell_REDACTED.pdf- ./OFFICIAL_SENSITIVE_SoS_Decision_for_Mr_Joel_Mansell_REDACTED.pdf-I have to determine whether the imposition of a prohibition order is proportionate and in ./OFFICIAL_SENSITIVE_SoS_Decision_for_Mr_Joel_Mansell_REDACTED.pdf-the public interest. In considering that for this case, I have considered the overall aim of a ./OFFICIAL_SENSITIVE_SoS_Decision_for_Mr_Joel_Mansell_REDACTED.pdf-prohibition order which is to protect pupils and to maintain public confidence in the ./OFFICIAL_SENSITIVE_SoS_Decision_for_Mr_Joel_Mansell_REDACTED.pdf-profession. I have considered the extent to which a prohibition order in this case would ./OFFICIAL_SENSITIVE_SoS_Decision_for_Mr_Joel_Mansell_REDACTED.pdf-achieve that aim taking into account the impact that it will have on the individual teacher. ./OFFICIAL_SENSITIVE_SoS_Decision_for_Mr_Joel_Mansell_REDACTED.pdf-I have also asked myself, whether a less intrusive measure, such as the published ./OFFICIAL_SENSITIVE_SoS_Decision_for_Mr_Joel_Mansell_REDACTED.pdf-finding of unacceptable professional conduct and conduct that may bring the profession ./OFFICIAL_SENSITIVE_SoS_Decision_for_Mr_Joel_Mansell_REDACTED.pdf-into disrepute, would itself be sufficient to achieve the overall aim. I have to consider -- ./OFFICIAL_SENSITIVE_SoS_Decision_for_Mr_Joel_Mansell_REDACTED.pdf-he may have had about [REDACTED].” In my judgement, the lack of full insight means ./OFFICIAL_SENSITIVE_SoS_Decision_for_Mr_Joel_Mansell_REDACTED.pdf-that there is some risk of the repetition of this behaviour and this puts at risk the future ./OFFICIAL_SENSITIVE_SoS_Decision_for_Mr_Joel_Mansell_REDACTED.pdf-wellbeing of pupils. I have therefore given this element considerable weight in reaching ./OFFICIAL_SENSITIVE_SoS_Decision_for_Mr_Joel_Mansell_REDACTED.pdf-my decision. ./OFFICIAL_SENSITIVE_SoS_Decision_for_Mr_Joel_Mansell_REDACTED.pdf- ./OFFICIAL_SENSITIVE_SoS_Decision_for_Mr_Joel_Mansell_REDACTED.pdf-I have gone on to consider the extent to which a prohibition order would maintain public ./OFFICIAL_SENSITIVE_SoS_Decision_for_Mr_Joel_Mansell_REDACTED.pdf-confidence in the profession. The panel observe, “the conduct displayed would be likely ./OFFICIAL_SENSITIVE_SoS_Decision_for_Mr_Joel_Mansell_REDACTED.pdf-to have a negative impact on the individual’s status as a teacher, potentially damaging ./OFFICIAL_SENSITIVE_SoS_Decision_for_Mr_Joel_Mansell_REDACTED.pdf-the public perception.” ./OFFICIAL_SENSITIVE_SoS_Decision_for_Mr_Joel_Mansell_REDACTED.pdf- ./OFFICIAL_SENSITIVE_SoS_Decision_for_Mr_Joel_Mansell_REDACTED.pdf:I am particularly mindful of the finding of sexual misconduct in this case and the impact ./OFFICIAL_SENSITIVE_SoS_Decision_for_Mr_Joel_Mansell_REDACTED.pdf-that such a finding has on the reputation of the profession. ./OFFICIAL_SENSITIVE_SoS_Decision_for_Mr_Joel_Mansell_REDACTED.pdf- ./OFFICIAL_SENSITIVE_SoS_Decision_for_Mr_Joel_Mansell_REDACTED.pdf-I have had to consider that the public has a high expectation of professional standards of ./OFFICIAL_SENSITIVE_SoS_Decision_for_Mr_Joel_Mansell_REDACTED.pdf-all teachers and that the public might regard a failure to impose a prohibition order as a ./OFFICIAL_SENSITIVE_SoS_Decision_for_Mr_Joel_Mansell_REDACTED.pdf-failure to uphold those high standards. In weighing these considerations, I have had to ./OFFICIAL_SENSITIVE_SoS_Decision_for_Mr_Joel_Mansell_REDACTED.pdf-consider the matter from the point of view of an “ordinary intelligent and well-informed ./OFFICIAL_SENSITIVE_SoS_Decision_for_Mr_Joel_Mansell_REDACTED.pdf-citizen.” ./OFFICIAL_SENSITIVE_SoS_Decision_for_Mr_Joel_Mansell_REDACTED.pdf- ./OFFICIAL_SENSITIVE_SoS_Decision_for_Mr_Joel_Mansell_REDACTED.pdf-I have considered whether the publication of a finding of unacceptable professional ./OFFICIAL_SENSITIVE_SoS_Decision_for_Mr_Joel_Mansell_REDACTED.pdf-conduct, in the absence of a prohibition order, can itself be regarded by such a person as -- ./OFFICIAL_SENSITIVE_SoS_Decision_for_Mr_Joel_Mansell_REDACTED.pdf-when Mr Mansell was applying for another school position. Mr Mansell was described as ./OFFICIAL_SENSITIVE_SoS_Decision_for_Mr_Joel_Mansell_REDACTED.pdf-making a 'tremendous contribution' to the [REDACTED] department and would be a loss ./OFFICIAL_SENSITIVE_SoS_Decision_for_Mr_Joel_Mansell_REDACTED.pdf-to the school. The panel also noted that, in a statement for these proceedings by ./OFFICIAL_SENSITIVE_SoS_Decision_for_Mr_Joel_Mansell_REDACTED.pdf-another teaching colleague, that they considered Mr Mansell's lessons to be ./OFFICIAL_SENSITIVE_SoS_Decision_for_Mr_Joel_Mansell_REDACTED.pdf-'outstanding'.” ./OFFICIAL_SENSITIVE_SoS_Decision_for_Mr_Joel_Mansell_REDACTED.pdf- ./OFFICIAL_SENSITIVE_SoS_Decision_for_Mr_Joel_Mansell_REDACTED.pdf-A prohibition order would prevent Mr Mansell from teaching and would also clearly ./OFFICIAL_SENSITIVE_SoS_Decision_for_Mr_Joel_Mansell_REDACTED.pdf-deprive the public of his contribution to the profession for the period that it is in force. ./OFFICIAL_SENSITIVE_SoS_Decision_for_Mr_Joel_Mansell_REDACTED.pdf- ./OFFICIAL_SENSITIVE_SoS_Decision_for_Mr_Joel_Mansell_REDACTED.pdf-In this case, I have placed considerable weight on the panel’s comments, “Mr Mansell's ./OFFICIAL_SENSITIVE_SoS_Decision_for_Mr_Joel_Mansell_REDACTED.pdf:conduct was at the most serious end of the spectrum in regard to sexual misconduct and ./OFFICIAL_SENSITIVE_SoS_Decision_for_Mr_Joel_Mansell_REDACTED.pdf-the breach of trust between a teacher and pupil.” ./OFFICIAL_SENSITIVE_SoS_Decision_for_Mr_Joel_Mansell_REDACTED.pdf- ./OFFICIAL_SENSITIVE_SoS_Decision_for_Mr_Joel_Mansell_REDACTED.pdf-I have also placed considerable weight on the finding of the panel that Mr Mansell’s ./OFFICIAL_SENSITIVE_SoS_Decision_for_Mr_Joel_Mansell_REDACTED.pdf-conduct was, “a gratuitous breach of trust between a teacher and those in his care.” ./OFFICIAL_SENSITIVE_SoS_Decision_for_Mr_Joel_Mansell_REDACTED.pdf- ./OFFICIAL_SENSITIVE_SoS_Decision_for_Mr_Joel_Mansell_REDACTED.pdf- ./OFFICIAL_SENSITIVE_SoS_Decision_for_Mr_Joel_Mansell_REDACTED.pdf- 19 ./OFFICIAL_SENSITIVE_SoS_Decision_for_Mr_Joel_Mansell_REDACTED.pdf- -- ./OFFICIAL_SENSITIVE_SoS_Decision_for_Mr_Joel_Mansell_REDACTED.pdf- ./OFFICIAL_SENSITIVE_SoS_Decision_for_Mr_Joel_Mansell_REDACTED.pdf-For these reasons, I have concluded that a prohibition order is proportionate and in the ./OFFICIAL_SENSITIVE_SoS_Decision_for_Mr_Joel_Mansell_REDACTED.pdf-and in the public interest in order to achieve the intended aims of a prohibition order. ./OFFICIAL_SENSITIVE_SoS_Decision_for_Mr_Joel_Mansell_REDACTED.pdf- ./OFFICIAL_SENSITIVE_SoS_Decision_for_Mr_Joel_Mansell_REDACTED.pdf-I have gone on to consider the matter of a review period. In this case, the panel has ./OFFICIAL_SENSITIVE_SoS_Decision_for_Mr_Joel_Mansell_REDACTED.pdf-recommended that no provision should be made for a review period. ./OFFICIAL_SENSITIVE_SoS_Decision_for_Mr_Joel_Mansell_REDACTED.pdf- ./OFFICIAL_SENSITIVE_SoS_Decision_for_Mr_Joel_Mansell_REDACTED.pdf-I have considered the panel’s comments “The Advice indicates that there are behaviours ./OFFICIAL_SENSITIVE_SoS_Decision_for_Mr_Joel_Mansell_REDACTED.pdf-that, if proved, would militate against the recommendation of a review period. One of ./OFFICIAL_SENSITIVE_SoS_Decision_for_Mr_Joel_Mansell_REDACTED.pdf-these behaviours include: ./OFFICIAL_SENSITIVE_SoS_Decision_for_Mr_Joel_Mansell_REDACTED.pdf:  Serious sexual misconduct, such as where the act was sexually motivated and ./OFFICIAL_SENSITIVE_SoS_Decision_for_Mr_Joel_Mansell_REDACTED.pdf- resulted in, or had the potential to result in, harm to a person or persons, ./OFFICIAL_SENSITIVE_SoS_Decision_for_Mr_Joel_Mansell_REDACTED.pdf- particularly where the individual has used his professional position to influence or ./OFFICIAL_SENSITIVE_SoS_Decision_for_Mr_Joel_Mansell_REDACTED.pdf- exploit a person or persons. ./OFFICIAL_SENSITIVE_SoS_Decision_for_Mr_Joel_Mansell_REDACTED.pdf-The panel decided that the findings indicated a situation in which a review period would ./OFFICIAL_SENSITIVE_SoS_Decision_for_Mr_Joel_Mansell_REDACTED.pdf-not be appropriate and, as such, decided that it would be proportionate, in all the ./OFFICIAL_SENSITIVE_SoS_Decision_for_Mr_Joel_Mansell_REDACTED.pdf-circumstances, for the prohibition order to be recommended without provisions for a ./OFFICIAL_SENSITIVE_SoS_Decision_for_Mr_Joel_Mansell_REDACTED.pdf-review period.” ./OFFICIAL_SENSITIVE_SoS_Decision_for_Mr_Joel_Mansell_REDACTED.pdf- ./OFFICIAL_SENSITIVE_SoS_Decision_for_Mr_Joel_Mansell_REDACTED.pdf-I have considered whether not allowing a review period reflects the seriousness of the ./OFFICIAL_SENSITIVE_SoS_Decision_for_Mr_Joel_Mansell_REDACTED.pdf-findings and is proportionate and necessary to achieve the aim of maintaining public ./OFFICIAL_SENSITIVE_SOS_Decision_for_Mr_Oliver_Shakles_19841_-_Accessibilty_checked.pdf-The panel considered the allegations set out in the notice of meeting dated 24 March ./OFFICIAL_SENSITIVE_SOS_Decision_for_Mr_Oliver_Shakles_19841_-_Accessibilty_checked.pdf-2022. ./OFFICIAL_SENSITIVE_SOS_Decision_for_Mr_Oliver_Shakles_19841_-_Accessibilty_checked.pdf- ./OFFICIAL_SENSITIVE_SOS_Decision_for_Mr_Oliver_Shakles_19841_-_Accessibilty_checked.pdf-It was alleged that Mr Shakles was guilty of unacceptable professional conduct and/or ./OFFICIAL_SENSITIVE_SOS_Decision_for_Mr_Oliver_Shakles_19841_-_Accessibilty_checked.pdf-conduct that may bring the profession into disrepute in that whilst employed at St ./OFFICIAL_SENSITIVE_SOS_Decision_for_Mr_Oliver_Shakles_19841_-_Accessibilty_checked.pdf-Joseph’s Catholic College: ./OFFICIAL_SENSITIVE_SOS_Decision_for_Mr_Oliver_Shakles_19841_-_Accessibilty_checked.pdf- ./OFFICIAL_SENSITIVE_SOS_Decision_for_Mr_Oliver_Shakles_19841_-_Accessibilty_checked.pdf- 1. He engaged in and/or developed an inappropriate relationship with Pupil A ./OFFICIAL_SENSITIVE_SOS_Decision_for_Mr_Oliver_Shakles_19841_-_Accessibilty_checked.pdf- including by; ./OFFICIAL_SENSITIVE_SOS_Decision_for_Mr_Oliver_Shakles_19841_-_Accessibilty_checked.pdf- a. frequent one to one contact inside the classroom in and around 2019; ./OFFICIAL_SENSITIVE_SOS_Decision_for_Mr_Oliver_Shakles_19841_-_Accessibilty_checked.pdf: b. engaging in conversations of a sexual nature in or around 2019; ./OFFICIAL_SENSITIVE_SOS_Decision_for_Mr_Oliver_Shakles_19841_-_Accessibilty_checked.pdf- c. discussing his personal life with Pupil A in or around 2019; ./OFFICIAL_SENSITIVE_SOS_Decision_for_Mr_Oliver_Shakles_19841_-_Accessibilty_checked.pdf- d. developing a physical attraction to Pupil A in or around 2019; ./OFFICIAL_SENSITIVE_SOS_Decision_for_Mr_Oliver_Shakles_19841_-_Accessibilty_checked.pdf- e. exchanging contact details with Pupil A in or around 2020; ./OFFICIAL_SENSITIVE_SOS_Decision_for_Mr_Oliver_Shakles_19841_-_Accessibilty_checked.pdf- f. contacting Pupil A by email and/or social media in or around 2020; ./OFFICIAL_SENSITIVE_SOS_Decision_for_Mr_Oliver_Shakles_19841_-_Accessibilty_checked.pdf: g. engaging in conversations of a sexual nature by email and/or social media in or ./OFFICIAL_SENSITIVE_SOS_Decision_for_Mr_Oliver_Shakles_19841_-_Accessibilty_checked.pdf- around 2020; ./OFFICIAL_SENSITIVE_SOS_Decision_for_Mr_Oliver_Shakles_19841_-_Accessibilty_checked.pdf- h. instructed Pupil A to keep his contact with Pupil A in or around March-April ./OFFICIAL_SENSITIVE_SOS_Decision_for_Mr_Oliver_Shakles_19841_-_Accessibilty_checked.pdf- 2020 a secret. ./OFFICIAL_SENSITIVE_SOS_Decision_for_Mr_Oliver_Shakles_19841_-_Accessibilty_checked.pdf- 2. His conduct as may be proven at Allegations 1e. to h. was notwithstanding that in ./OFFICIAL_SENSITIVE_SOS_Decision_for_Mr_Oliver_Shakles_19841_-_Accessibilty_checked.pdf- respect of his conduct as alleged at 1a. – d. he had: ./OFFICIAL_SENSITIVE_SOS_Decision_for_Mr_Oliver_Shakles_19841_-_Accessibilty_checked.pdf- a. been suspended and/or investigated by the school in 2019; ./OFFICIAL_SENSITIVE_SOS_Decision_for_Mr_Oliver_Shakles_19841_-_Accessibilty_checked.pdf- b. received a final written warning in or around December 2019; ./OFFICIAL_SENSITIVE_SOS_Decision_for_Mr_Oliver_Shakles_19841_-_Accessibilty_checked.pdf- c. received a management instruction not to contact Pupil A in/or around ./OFFICIAL_SENSITIVE_SOS_Decision_for_Mr_Oliver_Shakles_19841_-_Accessibilty_checked.pdf- December 2019; ./OFFICIAL_SENSITIVE_SOS_Decision_for_Mr_Oliver_Shakles_19841_-_Accessibilty_checked.pdf: 3. His behaviour as may be found proven at 1 above was conduct of a sexual nature ./OFFICIAL_SENSITIVE_SOS_Decision_for_Mr_Oliver_Shakles_19841_-_Accessibilty_checked.pdf: and/or was sexually motivated. ./OFFICIAL_SENSITIVE_SOS_Decision_for_Mr_Oliver_Shakles_19841_-_Accessibilty_checked.pdf- 4. His behaviour as may be found proven at 1(h) above was dishonest and/or lacked ./OFFICIAL_SENSITIVE_SOS_Decision_for_Mr_Oliver_Shakles_19841_-_Accessibilty_checked.pdf- integrity. ./OFFICIAL_SENSITIVE_SOS_Decision_for_Mr_Oliver_Shakles_19841_-_Accessibilty_checked.pdf-Mr Shakles has admitted both the facts of the allegations and that his conduct constitutes ./OFFICIAL_SENSITIVE_SOS_Decision_for_Mr_Oliver_Shakles_19841_-_Accessibilty_checked.pdf-both unacceptable professional conduct and conduct that may bring the profession into ./OFFICIAL_SENSITIVE_SOS_Decision_for_Mr_Oliver_Shakles_19841_-_Accessibilty_checked.pdf-disrepute. ./OFFICIAL_SENSITIVE_SOS_Decision_for_Mr_Oliver_Shakles_19841_-_Accessibilty_checked.pdf- ./OFFICIAL_SENSITIVE_SOS_Decision_for_Mr_Oliver_Shakles_19841_-_Accessibilty_checked.pdf- ./OFFICIAL_SENSITIVE_SOS_Decision_for_Mr_Oliver_Shakles_19841_-_Accessibilty_checked.pdf- ./OFFICIAL_SENSITIVE_SOS_Decision_for_Mr_Oliver_Shakles_19841_-_Accessibilty_checked.pdf- ./OFFICIAL_SENSITIVE_SOS_Decision_for_Mr_Oliver_Shakles_19841_-_Accessibilty_checked.pdf- 4 -- ./OFFICIAL_SENSITIVE_SOS_Decision_for_Mr_Oliver_Shakles_19841_-_Accessibilty_checked.pdf-minutes per day that had been agreed, Pupil A would spend in the classroom with Mr ./OFFICIAL_SENSITIVE_SOS_Decision_for_Mr_Oliver_Shakles_19841_-_Accessibilty_checked.pdf-Shakles to settle Pupil A for the school day. Given the heightened risk that Mr Shakles ./OFFICIAL_SENSITIVE_SOS_Decision_for_Mr_Oliver_Shakles_19841_-_Accessibilty_checked.pdf-had identified associated with Pupil A, Mr Shakles ought to have appreciated the ./OFFICIAL_SENSITIVE_SOS_Decision_for_Mr_Oliver_Shakles_19841_-_Accessibilty_checked.pdf-safeguarding risks of having contact with Pupil A over and above the contact authorised ./OFFICIAL_SENSITIVE_SOS_Decision_for_Mr_Oliver_Shakles_19841_-_Accessibilty_checked.pdf-by the school. His frequent one to one contact with Pupil A over and above the 5 minutes ./OFFICIAL_SENSITIVE_SOS_Decision_for_Mr_Oliver_Shakles_19841_-_Accessibilty_checked.pdf-authorised per day, without alerting his colleagues to the issue, indicated that Mr Shakles ./OFFICIAL_SENSITIVE_SOS_Decision_for_Mr_Oliver_Shakles_19841_-_Accessibilty_checked.pdf-developed an inappropriate relationship with Pupil A. ./OFFICIAL_SENSITIVE_SOS_Decision_for_Mr_Oliver_Shakles_19841_-_Accessibilty_checked.pdf- ./OFFICIAL_SENSITIVE_SOS_Decision_for_Mr_Oliver_Shakles_19841_-_Accessibilty_checked.pdf-The panel found this allegation proven. ./OFFICIAL_SENSITIVE_SOS_Decision_for_Mr_Oliver_Shakles_19841_-_Accessibilty_checked.pdf- ./OFFICIAL_SENSITIVE_SOS_Decision_for_Mr_Oliver_Shakles_19841_-_Accessibilty_checked.pdf: b. engaging in conversations of a sexual nature in or around 2019; ./OFFICIAL_SENSITIVE_SOS_Decision_for_Mr_Oliver_Shakles_19841_-_Accessibilty_checked.pdf- ./OFFICIAL_SENSITIVE_SOS_Decision_for_Mr_Oliver_Shakles_19841_-_Accessibilty_checked.pdf-In Mr Shakles’ response to the notice of referral, he admitted this allegation. ./OFFICIAL_SENSITIVE_SOS_Decision_for_Mr_Oliver_Shakles_19841_-_Accessibilty_checked.pdf- ./OFFICIAL_SENSITIVE_SOS_Decision_for_Mr_Oliver_Shakles_19841_-_Accessibilty_checked.pdf-In the statement of agreed facts, Mr Shakles admitted that he had engaged in ./OFFICIAL_SENSITIVE_SOS_Decision_for_Mr_Oliver_Shakles_19841_-_Accessibilty_checked.pdf:conversations of a sexual nature with Pupil A in or around 2019. He acknowledged that ./OFFICIAL_SENSITIVE_SOS_Decision_for_Mr_Oliver_Shakles_19841_-_Accessibilty_checked.pdf:he discussed positions for sexual intercourse with Pupil A. Mr Shakles also admitted that ./OFFICIAL_SENSITIVE_SOS_Decision_for_Mr_Oliver_Shakles_19841_-_Accessibilty_checked.pdf-he had engaged in and developed an inappropriate relationship with Pupil A by virtue of ./OFFICIAL_SENSITIVE_SOS_Decision_for_Mr_Oliver_Shakles_19841_-_Accessibilty_checked.pdf-this conduct. ./OFFICIAL_SENSITIVE_SOS_Decision_for_Mr_Oliver_Shakles_19841_-_Accessibilty_checked.pdf- ./OFFICIAL_SENSITIVE_SOS_Decision_for_Mr_Oliver_Shakles_19841_-_Accessibilty_checked.pdf-The panel read a student incident statement written on 21 November 2019 by Student C ./OFFICIAL_SENSITIVE_SOS_Decision_for_Mr_Oliver_Shakles_19841_-_Accessibilty_checked.pdf-which recorded that Pupil A had told Student C that Pupil A and Mr Shakles had ./OFFICIAL_SENSITIVE_SOS_Decision_for_Mr_Oliver_Shakles_19841_-_Accessibilty_checked.pdf:discussed “sexual questions like what position you do”. Student C also reported that, in ./OFFICIAL_SENSITIVE_SOS_Decision_for_Mr_Oliver_Shakles_19841_-_Accessibilty_checked.pdf- ./OFFICIAL_SENSITIVE_SOS_Decision_for_Mr_Oliver_Shakles_19841_-_Accessibilty_checked.pdf- 7 ./OFFICIAL_SENSITIVE_SOS_Decision_for_Mr_Oliver_Shakles_19841_-_Accessibilty_checked.pdf- -- ./OFFICIAL_SENSITIVE_SOS_Decision_for_Mr_Oliver_Shakles_19841_-_Accessibilty_checked.pdf-July 2019, Mr Shakles asked that student to leave as he and Pupil A were having a ./OFFICIAL_SENSITIVE_SOS_Decision_for_Mr_Oliver_Shakles_19841_-_Accessibilty_checked.pdf-private conversation. Another student incident statement written by Student D on 21 ./OFFICIAL_SENSITIVE_SOS_Decision_for_Mr_Oliver_Shakles_19841_-_Accessibilty_checked.pdf-November 2019 stated that Pupil A “talks like [REDACTED] is in a relationship with Mr ./OFFICIAL_SENSITIVE_SOS_Decision_for_Mr_Oliver_Shakles_19841_-_Accessibilty_checked.pdf-Shakles”. ./OFFICIAL_SENSITIVE_SOS_Decision_for_Mr_Oliver_Shakles_19841_-_Accessibilty_checked.pdf- ./OFFICIAL_SENSITIVE_SOS_Decision_for_Mr_Oliver_Shakles_19841_-_Accessibilty_checked.pdf-The panel read minutes of the investigation meeting with Mr Shakles on 26 November ./OFFICIAL_SENSITIVE_SOS_Decision_for_Mr_Oliver_Shakles_19841_-_Accessibilty_checked.pdf:2019 in which Mr Shakles confirmed that he had discussed sexual positions with Pupil A, ./OFFICIAL_SENSITIVE_SOS_Decision_for_Mr_Oliver_Shakles_19841_-_Accessibilty_checked.pdf-but “not intimately, comment in passing”. ./OFFICIAL_SENSITIVE_SOS_Decision_for_Mr_Oliver_Shakles_19841_-_Accessibilty_checked.pdf- ./OFFICIAL_SENSITIVE_SOS_Decision_for_Mr_Oliver_Shakles_19841_-_Accessibilty_checked.pdf:Having conversations of a sexual nature in or around 2019 indicated that Mr Shakles ./OFFICIAL_SENSITIVE_SOS_Decision_for_Mr_Oliver_Shakles_19841_-_Accessibilty_checked.pdf-engaged and/or developed in an inappropriate relationship with Pupil A. ./OFFICIAL_SENSITIVE_SOS_Decision_for_Mr_Oliver_Shakles_19841_-_Accessibilty_checked.pdf- ./OFFICIAL_SENSITIVE_SOS_Decision_for_Mr_Oliver_Shakles_19841_-_Accessibilty_checked.pdf-The panel found this allegation proven. ./OFFICIAL_SENSITIVE_SOS_Decision_for_Mr_Oliver_Shakles_19841_-_Accessibilty_checked.pdf- ./OFFICIAL_SENSITIVE_SOS_Decision_for_Mr_Oliver_Shakles_19841_-_Accessibilty_checked.pdf- c. discussing your personal life with Pupil A in or around 2019; ./OFFICIAL_SENSITIVE_SOS_Decision_for_Mr_Oliver_Shakles_19841_-_Accessibilty_checked.pdf-In Mr Shakles’ response to the Notice of Referral, he admitted this allegation. ./OFFICIAL_SENSITIVE_SOS_Decision_for_Mr_Oliver_Shakles_19841_-_Accessibilty_checked.pdf- ./OFFICIAL_SENSITIVE_SOS_Decision_for_Mr_Oliver_Shakles_19841_-_Accessibilty_checked.pdf-In the statement of agreed facts, Mr Shakles admitted that he discussed his personal life ./OFFICIAL_SENSITIVE_SOS_Decision_for_Mr_Oliver_Shakles_19841_-_Accessibilty_checked.pdf-with Pupil A in or around 2019. He accepted that he spoke with Pupil A about his family ./OFFICIAL_SENSITIVE_SOS_Decision_for_Mr_Oliver_Shakles_19841_-_Accessibilty_checked.pdf-and his wife. Mr Shakles also admitted that he engaged in and developed an -- ./OFFICIAL_SENSITIVE_SOS_Decision_for_Mr_Oliver_Shakles_19841_-_Accessibilty_checked.pdf-referred to above, Mr Shakles was also asked about an email telling Pupil A to use ./OFFICIAL_SENSITIVE_SOS_Decision_for_Mr_Oliver_Shakles_19841_-_Accessibilty_checked.pdf-Instagram in a particular way, and asked why he had proposed this. Mr Shakles said that ./OFFICIAL_SENSITIVE_SOS_Decision_for_Mr_Oliver_Shakles_19841_-_Accessibilty_checked.pdf-this was so his phone would not receive a notification that his wife might see. ./OFFICIAL_SENSITIVE_SOS_Decision_for_Mr_Oliver_Shakles_19841_-_Accessibilty_checked.pdf- ./OFFICIAL_SENSITIVE_SOS_Decision_for_Mr_Oliver_Shakles_19841_-_Accessibilty_checked.pdf-Contacting Pupil A by email or by social media in circumstances in which Mr Shakles had ./OFFICIAL_SENSITIVE_SOS_Decision_for_Mr_Oliver_Shakles_19841_-_Accessibilty_checked.pdf-been told in a letter of 5 December 2019 that he should have no contact with Pupil A ./OFFICIAL_SENSITIVE_SOS_Decision_for_Mr_Oliver_Shakles_19841_-_Accessibilty_checked.pdf-indicated he was engaging in or developing an inappropriate relationship with Pupil A. ./OFFICIAL_SENSITIVE_SOS_Decision_for_Mr_Oliver_Shakles_19841_-_Accessibilty_checked.pdf- ./OFFICIAL_SENSITIVE_SOS_Decision_for_Mr_Oliver_Shakles_19841_-_Accessibilty_checked.pdf-The panel found this allegation proven. ./OFFICIAL_SENSITIVE_SOS_Decision_for_Mr_Oliver_Shakles_19841_-_Accessibilty_checked.pdf- ./OFFICIAL_SENSITIVE_SOS_Decision_for_Mr_Oliver_Shakles_19841_-_Accessibilty_checked.pdf: g. engaging in conversations of a sexual nature by email and/or social media ./OFFICIAL_SENSITIVE_SOS_Decision_for_Mr_Oliver_Shakles_19841_-_Accessibilty_checked.pdf- in or around 2020; ./OFFICIAL_SENSITIVE_SOS_Decision_for_Mr_Oliver_Shakles_19841_-_Accessibilty_checked.pdf- ./OFFICIAL_SENSITIVE_SOS_Decision_for_Mr_Oliver_Shakles_19841_-_Accessibilty_checked.pdf-In Mr Shakles’ response to the Notice of Referral, he admitted this allegation. ./OFFICIAL_SENSITIVE_SOS_Decision_for_Mr_Oliver_Shakles_19841_-_Accessibilty_checked.pdf- ./OFFICIAL_SENSITIVE_SOS_Decision_for_Mr_Oliver_Shakles_19841_-_Accessibilty_checked.pdf- 9 ./OFFICIAL_SENSITIVE_SOS_Decision_for_Mr_Oliver_Shakles_19841_-_Accessibilty_checked.pdf- -- ./OFFICIAL_SENSITIVE_SOS_Decision_for_Mr_Oliver_Shakles_19841_-_Accessibilty_checked.pdf-In the statement of agreed facts, Mr Shakles admitted that he engaged in conversations ./OFFICIAL_SENSITIVE_SOS_Decision_for_Mr_Oliver_Shakles_19841_-_Accessibilty_checked.pdf:of a sexual nature with Pupil A by email and social media in or around 2020. Mr Shakles ./OFFICIAL_SENSITIVE_SOS_Decision_for_Mr_Oliver_Shakles_19841_-_Accessibilty_checked.pdf-admitted that he asked for pictures of Pupil A “looking pretty” and made comments as to ./OFFICIAL_SENSITIVE_SOS_Decision_for_Mr_Oliver_Shakles_19841_-_Accessibilty_checked.pdf-what he would like to do to Pupil A’s body. He accepted that he told Pupil A that he had ./OFFICIAL_SENSITIVE_SOS_Decision_for_Mr_Oliver_Shakles_19841_-_Accessibilty_checked.pdf:imagined having sex with Pupil A on his desk at the School. He acknowledged that he ./OFFICIAL_SENSITIVE_SOS_Decision_for_Mr_Oliver_Shakles_19841_-_Accessibilty_checked.pdf:discussed having sexual intercourse with Pupil A. Mr Shakles also admitted that he ./OFFICIAL_SENSITIVE_SOS_Decision_for_Mr_Oliver_Shakles_19841_-_Accessibilty_checked.pdf-engaged in and developed an inappropriate relationship with Pupil A by virtue of this ./OFFICIAL_SENSITIVE_SOS_Decision_for_Mr_Oliver_Shakles_19841_-_Accessibilty_checked.pdf-conduct. ./OFFICIAL_SENSITIVE_SOS_Decision_for_Mr_Oliver_Shakles_19841_-_Accessibilty_checked.pdf- ./OFFICIAL_SENSITIVE_SOS_Decision_for_Mr_Oliver_Shakles_19841_-_Accessibilty_checked.pdf-A note of a conversation with Pupil A’s mother recorded that Pupil A’s mother had said ./OFFICIAL_SENSITIVE_SOS_Decision_for_Mr_Oliver_Shakles_19841_-_Accessibilty_checked.pdf-that Mr Shakles had asked her child to send pictures of Pupil A looking pretty, and that ./OFFICIAL_SENSITIVE_SOS_Decision_for_Mr_Oliver_Shakles_19841_-_Accessibilty_checked.pdf:he had said to Pupil A that he had imagined having sex with Pupil A on his desk at work. ./OFFICIAL_SENSITIVE_SOS_Decision_for_Mr_Oliver_Shakles_19841_-_Accessibilty_checked.pdf-The note records that Pupil A’s mother had declined to sign a witness statement, as Pupil ./OFFICIAL_SENSITIVE_SOS_Decision_for_Mr_Oliver_Shakles_19841_-_Accessibilty_checked.pdf-A had threatened to [REDACTED] if she did so. The panel was concerned that the email ./OFFICIAL_SENSITIVE_SOS_Decision_for_Mr_Oliver_Shakles_19841_-_Accessibilty_checked.pdf-exchanges it had read did not contain these particular references. ./OFFICIAL_SENSITIVE_SOS_Decision_for_Mr_Oliver_Shakles_19841_-_Accessibilty_checked.pdf- ./OFFICIAL_SENSITIVE_SOS_Decision_for_Mr_Oliver_Shakles_19841_-_Accessibilty_checked.pdf-However, in the minutes of an investigatory meeting with Mr Shakles on 20 October ./OFFICIAL_SENSITIVE_SOS_Decision_for_Mr_Oliver_Shakles_19841_-_Accessibilty_checked.pdf-2020, he stated that the “conversation shifted to be more explicit, more inappropriate. ./OFFICIAL_SENSITIVE_SOS_Decision_for_Mr_Oliver_Shakles_19841_-_Accessibilty_checked.pdf-Shifted to talking about how [they] like each other, attracted to each other and sort of ./OFFICIAL_SENSITIVE_SOS_Decision_for_Mr_Oliver_Shakles_19841_-_Accessibilty_checked.pdf-fantasies that [they] had, things that [they] would like to do to each other”. He stated that ./OFFICIAL_SENSITIVE_SOS_Decision_for_Mr_Oliver_Shakles_19841_-_Accessibilty_checked.pdf:their discussions had talked about having sexual intercourse. He confirmed that these ./OFFICIAL_SENSITIVE_SOS_Decision_for_Mr_Oliver_Shakles_19841_-_Accessibilty_checked.pdf-discussions took place on both email and Instagram. ./OFFICIAL_SENSITIVE_SOS_Decision_for_Mr_Oliver_Shakles_19841_-_Accessibilty_checked.pdf- ./OFFICIAL_SENSITIVE_SOS_Decision_for_Mr_Oliver_Shakles_19841_-_Accessibilty_checked.pdf-On the basis of Mr Shakles’ comments in the investigatory meeting that corroborated the ./OFFICIAL_SENSITIVE_SOS_Decision_for_Mr_Oliver_Shakles_19841_-_Accessibilty_checked.pdf-mother’s complaint, the nature of the conversations described, indicated he was ./OFFICIAL_SENSITIVE_SOS_Decision_for_Mr_Oliver_Shakles_19841_-_Accessibilty_checked.pdf-engaging in and/or developing an inappropriate relationship with Pupil A. ./OFFICIAL_SENSITIVE_SOS_Decision_for_Mr_Oliver_Shakles_19841_-_Accessibilty_checked.pdf- ./OFFICIAL_SENSITIVE_SOS_Decision_for_Mr_Oliver_Shakles_19841_-_Accessibilty_checked.pdf-The panel found this allegation proven. ./OFFICIAL_SENSITIVE_SOS_Decision_for_Mr_Oliver_Shakles_19841_-_Accessibilty_checked.pdf- ./OFFICIAL_SENSITIVE_SOS_Decision_for_Mr_Oliver_Shakles_19841_-_Accessibilty_checked.pdf- h. instructed Pupil A to keep your contact with Pupil A in or around March – ./OFFICIAL_SENSITIVE_SOS_Decision_for_Mr_Oliver_Shakles_19841_-_Accessibilty_checked.pdf- April 2020 a secret. -- ./OFFICIAL_SENSITIVE_SOS_Decision_for_Mr_Oliver_Shakles_19841_-_Accessibilty_checked.pdf- ./OFFICIAL_SENSITIVE_SOS_Decision_for_Mr_Oliver_Shakles_19841_-_Accessibilty_checked.pdf-The panel read a copy of a letter dated 5 December 2019 from the school to Mr Shakles, ./OFFICIAL_SENSITIVE_SOS_Decision_for_Mr_Oliver_Shakles_19841_-_Accessibilty_checked.pdf-which refers to a final written warning having been given to Mr Shakles at the disciplinary ./OFFICIAL_SENSITIVE_SOS_Decision_for_Mr_Oliver_Shakles_19841_-_Accessibilty_checked.pdf-hearing on 4 December 2019, and confirming that his suspension had been lifted. The ./OFFICIAL_SENSITIVE_SOS_Decision_for_Mr_Oliver_Shakles_19841_-_Accessibilty_checked.pdf-letter went on to reiterate “as we discussed in the meeting last night, there is to be no ./OFFICIAL_SENSITIVE_SOS_Decision_for_Mr_Oliver_Shakles_19841_-_Accessibilty_checked.pdf-contact with the student involved in the investigation”. ./OFFICIAL_SENSITIVE_SOS_Decision_for_Mr_Oliver_Shakles_19841_-_Accessibilty_checked.pdf- ./OFFICIAL_SENSITIVE_SOS_Decision_for_Mr_Oliver_Shakles_19841_-_Accessibilty_checked.pdf-This allegation in its entirety was therefore found proven. ./OFFICIAL_SENSITIVE_SOS_Decision_for_Mr_Oliver_Shakles_19841_-_Accessibilty_checked.pdf- ./OFFICIAL_SENSITIVE_SOS_Decision_for_Mr_Oliver_Shakles_19841_-_Accessibilty_checked.pdf- 3. Your behaviour as may be found proven at 1 above was conduct of a ./OFFICIAL_SENSITIVE_SOS_Decision_for_Mr_Oliver_Shakles_19841_-_Accessibilty_checked.pdf: sexual nature and/or was sexually motivated. ./OFFICIAL_SENSITIVE_SOS_Decision_for_Mr_Oliver_Shakles_19841_-_Accessibilty_checked.pdf- ./OFFICIAL_SENSITIVE_SOS_Decision_for_Mr_Oliver_Shakles_19841_-_Accessibilty_checked.pdf-In Mr Shakles’ response to the notice of referral, he admitted this allegation. ./OFFICIAL_SENSITIVE_SOS_Decision_for_Mr_Oliver_Shakles_19841_-_Accessibilty_checked.pdf- ./OFFICIAL_SENSITIVE_SOS_Decision_for_Mr_Oliver_Shakles_19841_-_Accessibilty_checked.pdf-In the statement of agreed facts, Mr Shakles also admitted that his behaviour was ./OFFICIAL_SENSITIVE_SOS_Decision_for_Mr_Oliver_Shakles_19841_-_Accessibilty_checked.pdf:conduct of a sexual nature and was sexually motivated. ./OFFICIAL_SENSITIVE_SOS_Decision_for_Mr_Oliver_Shakles_19841_-_Accessibilty_checked.pdf- ./OFFICIAL_SENSITIVE_SOS_Decision_for_Mr_Oliver_Shakles_19841_-_Accessibilty_checked.pdf:The panel considered the legal definition of behaviour of a sexual nature, and behaviour ./OFFICIAL_SENSITIVE_SOS_Decision_for_Mr_Oliver_Shakles_19841_-_Accessibilty_checked.pdf:that is sexually motivated. ./OFFICIAL_SENSITIVE_SOS_Decision_for_Mr_Oliver_Shakles_19841_-_Accessibilty_checked.pdf- ./OFFICIAL_SENSITIVE_SOS_Decision_for_Mr_Oliver_Shakles_19841_-_Accessibilty_checked.pdf:The panel did not consider any sexual contact to have taken place. However, the panel ./OFFICIAL_SENSITIVE_SOS_Decision_for_Mr_Oliver_Shakles_19841_-_Accessibilty_checked.pdf-considered that a reasonable person would consider that holding discussions about ./OFFICIAL_SENSITIVE_SOS_Decision_for_Mr_Oliver_Shakles_19841_-_Accessibilty_checked.pdf:sexual positions and sexual intercourse to be conduct of a sexual nature. ./OFFICIAL_SENSITIVE_SOS_Decision_for_Mr_Oliver_Shakles_19841_-_Accessibilty_checked.pdf- ./OFFICIAL_SENSITIVE_SOS_Decision_for_Mr_Oliver_Shakles_19841_-_Accessibilty_checked.pdf- ./OFFICIAL_SENSITIVE_SOS_Decision_for_Mr_Oliver_Shakles_19841_-_Accessibilty_checked.pdf- ./OFFICIAL_SENSITIVE_SOS_Decision_for_Mr_Oliver_Shakles_19841_-_Accessibilty_checked.pdf- 11 ./OFFICIAL_SENSITIVE_SOS_Decision_for_Mr_Oliver_Shakles_19841_-_Accessibilty_checked.pdf- -- ./OFFICIAL_SENSITIVE_SOS_Decision_for_Mr_Oliver_Shakles_19841_-_Accessibilty_checked.pdf-In the minutes of an investigatory meeting with Mr Shakles on 20 October 2020, he ./OFFICIAL_SENSITIVE_SOS_Decision_for_Mr_Oliver_Shakles_19841_-_Accessibilty_checked.pdf-stated that his conversations with Pupil A were a “bit of a thrill, ecstasy from the ./OFFICIAL_SENSITIVE_SOS_Decision_for_Mr_Oliver_Shakles_19841_-_Accessibilty_checked.pdf-attention”. This evidence indicated that Mr Shakles was motivated by the pursuit of ./OFFICIAL_SENSITIVE_SOS_Decision_for_Mr_Oliver_Shakles_19841_-_Accessibilty_checked.pdf:sexual gratification. This was also clear from the same minutes in which Mr Shakles ./OFFICIAL_SENSITIVE_SOS_Decision_for_Mr_Oliver_Shakles_19841_-_Accessibilty_checked.pdf-referred to things that he would like to do to Pupil A’s body. This also indicated the ./OFFICIAL_SENSITIVE_SOS_Decision_for_Mr_Oliver_Shakles_19841_-_Accessibilty_checked.pdf:pursuit of sexual gratification. The panel therefore found Mr Shakles’ behaviour to be ./OFFICIAL_SENSITIVE_SOS_Decision_for_Mr_Oliver_Shakles_19841_-_Accessibilty_checked.pdf:sexually motivated. ./OFFICIAL_SENSITIVE_SOS_Decision_for_Mr_Oliver_Shakles_19841_-_Accessibilty_checked.pdf- ./OFFICIAL_SENSITIVE_SOS_Decision_for_Mr_Oliver_Shakles_19841_-_Accessibilty_checked.pdf-The panel therefore found this allegation proven. ./OFFICIAL_SENSITIVE_SOS_Decision_for_Mr_Oliver_Shakles_19841_-_Accessibilty_checked.pdf- ./OFFICIAL_SENSITIVE_SOS_Decision_for_Mr_Oliver_Shakles_19841_-_Accessibilty_checked.pdf- 4. Your behaviour as may be found proven at 1h. above was dishonest ./OFFICIAL_SENSITIVE_SOS_Decision_for_Mr_Oliver_Shakles_19841_-_Accessibilty_checked.pdf- and/or lacked integrity. ./OFFICIAL_SENSITIVE_SOS_Decision_for_Mr_Oliver_Shakles_19841_-_Accessibilty_checked.pdf- ./OFFICIAL_SENSITIVE_SOS_Decision_for_Mr_Oliver_Shakles_19841_-_Accessibilty_checked.pdf-In Mr Shakles’ response to the notice of referral, he admitted this allegation. ./OFFICIAL_SENSITIVE_SOS_Decision_for_Mr_Oliver_Shakles_19841_-_Accessibilty_checked.pdf- ./OFFICIAL_SENSITIVE_SOS_Decision_for_Mr_Oliver_Shakles_19841_-_Accessibilty_checked.pdf-In the statement of agreed facts, Mr Shakles also admitted that his behaviour was ./OFFICIAL_SENSITIVE_SOS_Decision_for_Mr_Oliver_Shakles_19841_-_Accessibilty_checked.pdf-dishonest and lacked integrity. Mr Shakles admitted that he knowingly sought to conceal -- ./OFFICIAL_SENSITIVE_SOS_Decision_for_Mr_Oliver_Shakles_19841_-_Accessibilty_checked.pdf-In the statement of agreed facts, Mr Shakles admitted that he developed a physical ./OFFICIAL_SENSITIVE_SOS_Decision_for_Mr_Oliver_Shakles_19841_-_Accessibilty_checked.pdf-attraction to Pupil A in or around 2019. Mr Shakles also admitted that he engaged in and ./OFFICIAL_SENSITIVE_SOS_Decision_for_Mr_Oliver_Shakles_19841_-_Accessibilty_checked.pdf-developed an inappropriate relationship with Pupil A by virtue of this conduct. ./OFFICIAL_SENSITIVE_SOS_Decision_for_Mr_Oliver_Shakles_19841_-_Accessibilty_checked.pdf- ./OFFICIAL_SENSITIVE_SOS_Decision_for_Mr_Oliver_Shakles_19841_-_Accessibilty_checked.pdf-The panel read the minutes of the investigation meeting with Mr Shackles on 26 ./OFFICIAL_SENSITIVE_SOS_Decision_for_Mr_Oliver_Shakles_19841_-_Accessibilty_checked.pdf-November 2019 in which Mr Shakles said that he had developed a friendly bond with ./OFFICIAL_SENSITIVE_SOS_Decision_for_Mr_Oliver_Shakles_19841_-_Accessibilty_checked.pdf-Pupil A, that he saw Pupil A as a younger sibling. He was asked whether he found Pupil ./OFFICIAL_SENSITIVE_SOS_Decision_for_Mr_Oliver_Shakles_19841_-_Accessibilty_checked.pdf-A attractive and he responded that he would say Pupil A was pretty, but would not go as ./OFFICIAL_SENSITIVE_SOS_Decision_for_Mr_Oliver_Shakles_19841_-_Accessibilty_checked.pdf:far as to say Pupil A was sexually attractive, or that he found Pupil A sexually attractive. ./OFFICIAL_SENSITIVE_SOS_Decision_for_Mr_Oliver_Shakles_19841_-_Accessibilty_checked.pdf- ./OFFICIAL_SENSITIVE_SOS_Decision_for_Mr_Oliver_Shakles_19841_-_Accessibilty_checked.pdf-The panel considered that the contemporaneous evidence of whether Mr Shakles had ./OFFICIAL_SENSITIVE_SOS_Decision_for_Mr_Oliver_Shakles_19841_-_Accessibilty_checked.pdf-developed a physical attraction to Pupil A in or around 2019 indicated that this allegation ./OFFICIAL_SENSITIVE_SOS_Decision_for_Mr_Oliver_Shakles_19841_-_Accessibilty_checked.pdf-was not proven. The panel placed greater weight on the contemporaneous evidence ./OFFICIAL_SENSITIVE_SOS_Decision_for_Mr_Oliver_Shakles_19841_-_Accessibilty_checked.pdf-rather than Mr Shakles’ later admission. ./OFFICIAL_SENSITIVE_SOS_Decision_for_Mr_Oliver_Shakles_19841_-_Accessibilty_checked.pdf- ./OFFICIAL_SENSITIVE_SOS_Decision_for_Mr_Oliver_Shakles_19841_-_Accessibilty_checked.pdf-The panel found this allegation not proven. ./OFFICIAL_SENSITIVE_SOS_Decision_for_Mr_Oliver_Shakles_19841_-_Accessibilty_checked.pdf- ./OFFICIAL_SENSITIVE_SOS_Decision_for_Mr_Oliver_Shakles_19841_-_Accessibilty_checked.pdf-Findings as to unacceptable professional conduct and/or conduct that ./OFFICIAL_SENSITIVE_SOS_Decision_for_Mr_Oliver_Shakles_19841_-_Accessibilty_checked.pdf-may bring the profession into disrepute -- ./OFFICIAL_SENSITIVE_SOS_Decision_for_Mr_Oliver_Shakles_19841_-_Accessibilty_checked.pdf-instruction undermined the ability of those who worked with Pupil A to keep Pupil A safe ./OFFICIAL_SENSITIVE_SOS_Decision_for_Mr_Oliver_Shakles_19841_-_Accessibilty_checked.pdf-and discharge their safeguarding obligations. He also breached his own safeguarding ./OFFICIAL_SENSITIVE_SOS_Decision_for_Mr_Oliver_Shakles_19841_-_Accessibilty_checked.pdf-obligations towards Pupil A. ./OFFICIAL_SENSITIVE_SOS_Decision_for_Mr_Oliver_Shakles_19841_-_Accessibilty_checked.pdf- ./OFFICIAL_SENSITIVE_SOS_Decision_for_Mr_Oliver_Shakles_19841_-_Accessibilty_checked.pdf-The panel was satisfied that the conduct of Mr Shakles fell significantly short of the ./OFFICIAL_SENSITIVE_SOS_Decision_for_Mr_Oliver_Shakles_19841_-_Accessibilty_checked.pdf-standard of behaviour expected of a teacher. ./OFFICIAL_SENSITIVE_SOS_Decision_for_Mr_Oliver_Shakles_19841_-_Accessibilty_checked.pdf- ./OFFICIAL_SENSITIVE_SOS_Decision_for_Mr_Oliver_Shakles_19841_-_Accessibilty_checked.pdf-The panel also considered whether Mr Shakles’ conduct displayed behaviours ./OFFICIAL_SENSITIVE_SOS_Decision_for_Mr_Oliver_Shakles_19841_-_Accessibilty_checked.pdf-associated with any of the offences in the list that begins on page 12 of the Advice. ./OFFICIAL_SENSITIVE_SOS_Decision_for_Mr_Oliver_Shakles_19841_-_Accessibilty_checked.pdf- ./OFFICIAL_SENSITIVE_SOS_Decision_for_Mr_Oliver_Shakles_19841_-_Accessibilty_checked.pdf:The panel found that the offence of sexual communication with a child was relevant. ./OFFICIAL_SENSITIVE_SOS_Decision_for_Mr_Oliver_Shakles_19841_-_Accessibilty_checked.pdf- ./OFFICIAL_SENSITIVE_SOS_Decision_for_Mr_Oliver_Shakles_19841_-_Accessibilty_checked.pdf-The Advice indicates that where behaviours associated with such an offence exist, a ./OFFICIAL_SENSITIVE_SOS_Decision_for_Mr_Oliver_Shakles_19841_-_Accessibilty_checked.pdf-panel is likely to conclude that an individual’s conduct would amount to unacceptable ./OFFICIAL_SENSITIVE_SOS_Decision_for_Mr_Oliver_Shakles_19841_-_Accessibilty_checked.pdf-professional conduct. ./OFFICIAL_SENSITIVE_SOS_Decision_for_Mr_Oliver_Shakles_19841_-_Accessibilty_checked.pdf- ./OFFICIAL_SENSITIVE_SOS_Decision_for_Mr_Oliver_Shakles_19841_-_Accessibilty_checked.pdf-The panel noted that the allegations 1f, 1g, 1h took place outside the education setting. ./OFFICIAL_SENSITIVE_SOS_Decision_for_Mr_Oliver_Shakles_19841_-_Accessibilty_checked.pdf-His failure to adhere to the management instruction he had been given casts concern ./OFFICIAL_SENSITIVE_SOS_Decision_for_Mr_Oliver_Shakles_19841_-_Accessibilty_checked.pdf-over the way he fulfilled his teaching role. It was apparent that his duty to maintain ./OFFICIAL_SENSITIVE_SOS_Decision_for_Mr_Oliver_Shakles_19841_-_Accessibilty_checked.pdf-appropriate relationships and personal boundaries with children and young people had ./OFFICIAL_SENSITIVE_SOS_Decision_for_Mr_Oliver_Shakles_19841_-_Accessibilty_checked.pdf-been breached, against clear management instruction. This had consequences on the -- ./OFFICIAL_SENSITIVE_SOS_Decision_for_Mr_Oliver_Shakles_19841_-_Accessibilty_checked.pdf-The panel took into account the way the teaching profession is viewed by others, the ./OFFICIAL_SENSITIVE_SOS_Decision_for_Mr_Oliver_Shakles_19841_-_Accessibilty_checked.pdf-responsibilities and duties of teachers in relation to the safeguarding and welfare of ./OFFICIAL_SENSITIVE_SOS_Decision_for_Mr_Oliver_Shakles_19841_-_Accessibilty_checked.pdf-pupils and considered the influence that teachers may have on pupils, parents and others ./OFFICIAL_SENSITIVE_SOS_Decision_for_Mr_Oliver_Shakles_19841_-_Accessibilty_checked.pdf-in the community. The panel also took account of the uniquely influential role that ./OFFICIAL_SENSITIVE_SOS_Decision_for_Mr_Oliver_Shakles_19841_-_Accessibilty_checked.pdf-teachers can hold in pupils’ lives and the fact that pupils must be able to view teachers as ./OFFICIAL_SENSITIVE_SOS_Decision_for_Mr_Oliver_Shakles_19841_-_Accessibilty_checked.pdf-role models in the way that they behave. ./OFFICIAL_SENSITIVE_SOS_Decision_for_Mr_Oliver_Shakles_19841_-_Accessibilty_checked.pdf- ./OFFICIAL_SENSITIVE_SOS_Decision_for_Mr_Oliver_Shakles_19841_-_Accessibilty_checked.pdf-The panel also considered whether Mr Shakles’ conduct displayed behaviours ./OFFICIAL_SENSITIVE_SOS_Decision_for_Mr_Oliver_Shakles_19841_-_Accessibilty_checked.pdf-associated with any of the offences in the list that begins on page 12 of the Advice. ./OFFICIAL_SENSITIVE_SOS_Decision_for_Mr_Oliver_Shakles_19841_-_Accessibilty_checked.pdf- ./OFFICIAL_SENSITIVE_SOS_Decision_for_Mr_Oliver_Shakles_19841_-_Accessibilty_checked.pdf:As above, the panel found that the offence of sexual communication with a child was ./OFFICIAL_SENSITIVE_SOS_Decision_for_Mr_Oliver_Shakles_19841_-_Accessibilty_checked.pdf-relevant. ./OFFICIAL_SENSITIVE_SOS_Decision_for_Mr_Oliver_Shakles_19841_-_Accessibilty_checked.pdf- ./OFFICIAL_SENSITIVE_SOS_Decision_for_Mr_Oliver_Shakles_19841_-_Accessibilty_checked.pdf-The Advice indicates that where behaviours associated with such an offence exist, a ./OFFICIAL_SENSITIVE_SOS_Decision_for_Mr_Oliver_Shakles_19841_-_Accessibilty_checked.pdf-panel is likely to conclude that an individual’s conduct would amount to conduct that may ./OFFICIAL_SENSITIVE_SOS_Decision_for_Mr_Oliver_Shakles_19841_-_Accessibilty_checked.pdf-bring the profession into disrepute. ./OFFICIAL_SENSITIVE_SOS_Decision_for_Mr_Oliver_Shakles_19841_-_Accessibilty_checked.pdf- ./OFFICIAL_SENSITIVE_SOS_Decision_for_Mr_Oliver_Shakles_19841_-_Accessibilty_checked.pdf- ./OFFICIAL_SENSITIVE_SOS_Decision_for_Mr_Oliver_Shakles_19841_-_Accessibilty_checked.pdf- ./OFFICIAL_SENSITIVE_SOS_Decision_for_Mr_Oliver_Shakles_19841_-_Accessibilty_checked.pdf- 14 ./OFFICIAL_SENSITIVE_SOS_Decision_for_Mr_Oliver_Shakles_19841_-_Accessibilty_checked.pdf- -- ./OFFICIAL_SENSITIVE_SOS_Decision_for_Mr_Oliver_Shakles_19841_-_Accessibilty_checked.pdf- ./OFFICIAL_SENSITIVE_SOS_Decision_for_Mr_Oliver_Shakles_19841_-_Accessibilty_checked.pdf- serious departure from the personal and professional conduct elements of the ./OFFICIAL_SENSITIVE_SOS_Decision_for_Mr_Oliver_Shakles_19841_-_Accessibilty_checked.pdf- Teachers’ Standards; ./OFFICIAL_SENSITIVE_SOS_Decision_for_Mr_Oliver_Shakles_19841_-_Accessibilty_checked.pdf- ./OFFICIAL_SENSITIVE_SOS_Decision_for_Mr_Oliver_Shakles_19841_-_Accessibilty_checked.pdf- misconduct seriously affecting the education and/or safeguarding and well-being ./OFFICIAL_SENSITIVE_SOS_Decision_for_Mr_Oliver_Shakles_19841_-_Accessibilty_checked.pdf- of pupils, and particularly where there is a continuing risk; ./OFFICIAL_SENSITIVE_SOS_Decision_for_Mr_Oliver_Shakles_19841_-_Accessibilty_checked.pdf- ./OFFICIAL_SENSITIVE_SOS_Decision_for_Mr_Oliver_Shakles_19841_-_Accessibilty_checked.pdf- abuse of position or trust (particularly involving vulnerable pupils); ./OFFICIAL_SENSITIVE_SOS_Decision_for_Mr_Oliver_Shakles_19841_-_Accessibilty_checked.pdf- ./OFFICIAL_SENSITIVE_SOS_Decision_for_Mr_Oliver_Shakles_19841_-_Accessibilty_checked.pdf- an abuse of any trust, knowledge, or influence gained through their professional ./OFFICIAL_SENSITIVE_SOS_Decision_for_Mr_Oliver_Shakles_19841_-_Accessibilty_checked.pdf: position in order to advance a romantic or sexual relationship with a pupil or former ./OFFICIAL_SENSITIVE_SOS_Decision_for_Mr_Oliver_Shakles_19841_-_Accessibilty_checked.pdf- pupil; ./OFFICIAL_SENSITIVE_SOS_Decision_for_Mr_Oliver_Shakles_19841_-_Accessibilty_checked.pdf- ./OFFICIAL_SENSITIVE_SOS_Decision_for_Mr_Oliver_Shakles_19841_-_Accessibilty_checked.pdf: sexual misconduct, for example, involving actions that were sexually motivated or ./OFFICIAL_SENSITIVE_SOS_Decision_for_Mr_Oliver_Shakles_19841_-_Accessibilty_checked.pdf: of a sexual nature and/or that use or exploit the trust, knowledge or influence ./OFFICIAL_SENSITIVE_SOS_Decision_for_Mr_Oliver_Shakles_19841_-_Accessibilty_checked.pdf- derived from the individual’s professional position; ./OFFICIAL_SENSITIVE_SOS_Decision_for_Mr_Oliver_Shakles_19841_-_Accessibilty_checked.pdf- ./OFFICIAL_SENSITIVE_SOS_Decision_for_Mr_Oliver_Shakles_19841_-_Accessibilty_checked.pdf- failure in their duty of care towards a child, including exposing a child to risk or ./OFFICIAL_SENSITIVE_SOS_Decision_for_Mr_Oliver_Shakles_19841_-_Accessibilty_checked.pdf- failing to promote the safety and welfare of the children (as set out in Part 1 of ./OFFICIAL_SENSITIVE_SOS_Decision_for_Mr_Oliver_Shakles_19841_-_Accessibilty_checked.pdf- KCSIE); ./OFFICIAL_SENSITIVE_SOS_Decision_for_Mr_Oliver_Shakles_19841_-_Accessibilty_checked.pdf- ./OFFICIAL_SENSITIVE_SOS_Decision_for_Mr_Oliver_Shakles_19841_-_Accessibilty_checked.pdf- violation of the rights of pupils; ./OFFICIAL_SENSITIVE_SOS_Decision_for_Mr_Oliver_Shakles_19841_-_Accessibilty_checked.pdf- ./OFFICIAL_SENSITIVE_SOS_Decision_for_Mr_Oliver_Shakles_19841_-_Accessibilty_checked.pdf- dishonesty or a lack of integrity, including the deliberate concealment of their ./OFFICIAL_SENSITIVE_SOS_Decision_for_Mr_Oliver_Shakles_19841_-_Accessibilty_checked.pdf- actions or purposeful destruction of evidence, especially where these behaviours -- ./OFFICIAL_SENSITIVE_SOS_Decision_for_Mr_Oliver_Shakles_19841_-_Accessibilty_checked.pdf-The Advice indicates that there are cases involving certain conduct where it is likely that ./OFFICIAL_SENSITIVE_SOS_Decision_for_Mr_Oliver_Shakles_19841_-_Accessibilty_checked.pdf-the public interest will have greater relevance and weigh in favour of not offering a review ./OFFICIAL_SENSITIVE_SOS_Decision_for_Mr_Oliver_Shakles_19841_-_Accessibilty_checked.pdf:period. These cases include serious sexual misconduct, eg where the act was sexually ./OFFICIAL_SENSITIVE_SOS_Decision_for_Mr_Oliver_Shakles_19841_-_Accessibilty_checked.pdf-motivated and resulted in, or had the potential to result in, harm to a person or persons, ./OFFICIAL_SENSITIVE_SOS_Decision_for_Mr_Oliver_Shakles_19841_-_Accessibilty_checked.pdf-particularly where the individual has used his professional position to influence or exploit ./OFFICIAL_SENSITIVE_SOS_Decision_for_Mr_Oliver_Shakles_19841_-_Accessibilty_checked.pdf:a person or persons; and any sexual misconduct involving a child. The panel found that ./OFFICIAL_SENSITIVE_SOS_Decision_for_Mr_Oliver_Shakles_19841_-_Accessibilty_checked.pdf-Mr Shakles was responsible for engaging/ developing an inappropriate relationship with ./OFFICIAL_SENSITIVE_SOS_Decision_for_Mr_Oliver_Shakles_19841_-_Accessibilty_checked.pdf:Pupil A that was sexually motivated. ./OFFICIAL_SENSITIVE_SOS_Decision_for_Mr_Oliver_Shakles_19841_-_Accessibilty_checked.pdf- ./OFFICIAL_SENSITIVE_SOS_Decision_for_Mr_Oliver_Shakles_19841_-_Accessibilty_checked.pdf-In the absence of any remorse, apology or insight, and in light of his flouting of a ./OFFICIAL_SENSITIVE_SOS_Decision_for_Mr_Oliver_Shakles_19841_-_Accessibilty_checked.pdf-management instruction that would have protected both him and Pupil A, the panel ./OFFICIAL_SENSITIVE_SOS_Decision_for_Mr_Oliver_Shakles_19841_-_Accessibilty_checked.pdf-considered that there was a real risk of repetition. ./OFFICIAL_SENSITIVE_SOS_Decision_for_Mr_Oliver_Shakles_19841_-_Accessibilty_checked.pdf- ./OFFICIAL_SENSITIVE_SOS_Decision_for_Mr_Oliver_Shakles_19841_-_Accessibilty_checked.pdf-The panel decided that the findings indicated a situation in which a review period would ./OFFICIAL_SENSITIVE_SOS_Decision_for_Mr_Oliver_Shakles_19841_-_Accessibilty_checked.pdf-not be appropriate and, as such, decided that it would be proportionate, in all the ./OFFICIAL_SENSITIVE_SOS_Decision_for_Mr_Oliver_Shakles_19841_-_Accessibilty_checked.pdf-circumstances, for the prohibition order to be recommended without provision for a ./OFFICIAL_SENSITIVE_SOS_Decision_for_Mr_Oliver_Shakles_19841_-_Accessibilty_checked.pdf-review period. ./OFFICIAL_SENSITIVE_SOS_Decision_for_Mr_Oliver_Shakles_19841_-_Accessibilty_checked.pdf- -- ./OFFICIAL_SENSITIVE_SOS_Decision_for_Mr_Oliver_Shakles_19841_-_Accessibilty_checked.pdf-disregard of that instruction undermined the ability of those who worked with Pupil A to ./OFFICIAL_SENSITIVE_SOS_Decision_for_Mr_Oliver_Shakles_19841_-_Accessibilty_checked.pdf-keep Pupil A safe and discharge their safeguarding obligations. He also breached his ./OFFICIAL_SENSITIVE_SOS_Decision_for_Mr_Oliver_Shakles_19841_-_Accessibilty_checked.pdf-own safeguarding obligations towards Pupil A.” ./OFFICIAL_SENSITIVE_SOS_Decision_for_Mr_Oliver_Shakles_19841_-_Accessibilty_checked.pdf- ./OFFICIAL_SENSITIVE_SOS_Decision_for_Mr_Oliver_Shakles_19841_-_Accessibilty_checked.pdf-The panel was “satisfied that the conduct of Mr Shakles fell significantly short of the ./OFFICIAL_SENSITIVE_SOS_Decision_for_Mr_Oliver_Shakles_19841_-_Accessibilty_checked.pdf-standard of behaviour expected of a teacher.” ./OFFICIAL_SENSITIVE_SOS_Decision_for_Mr_Oliver_Shakles_19841_-_Accessibilty_checked.pdf- ./OFFICIAL_SENSITIVE_SOS_Decision_for_Mr_Oliver_Shakles_19841_-_Accessibilty_checked.pdf-The panel also, “considered whether Mr Shakles’ conduct displayed behaviours ./OFFICIAL_SENSITIVE_SOS_Decision_for_Mr_Oliver_Shakles_19841_-_Accessibilty_checked.pdf-associated with any of the offences in the list that begins on page 12 of the Advice.” ./OFFICIAL_SENSITIVE_SOS_Decision_for_Mr_Oliver_Shakles_19841_-_Accessibilty_checked.pdf- ./OFFICIAL_SENSITIVE_SOS_Decision_for_Mr_Oliver_Shakles_19841_-_Accessibilty_checked.pdf:The panel also, “found that the offence of sexual communication with a child was ./OFFICIAL_SENSITIVE_SOS_Decision_for_Mr_Oliver_Shakles_19841_-_Accessibilty_checked.pdf-relevant.” ./OFFICIAL_SENSITIVE_SOS_Decision_for_Mr_Oliver_Shakles_19841_-_Accessibilty_checked.pdf- ./OFFICIAL_SENSITIVE_SOS_Decision_for_Mr_Oliver_Shakles_19841_-_Accessibilty_checked.pdf-The findings of misconduct are particularly serious in my view as they include a finding of ./OFFICIAL_SENSITIVE_SOS_Decision_for_Mr_Oliver_Shakles_19841_-_Accessibilty_checked.pdf:sexual communication with a child. ./OFFICIAL_SENSITIVE_SOS_Decision_for_Mr_Oliver_Shakles_19841_-_Accessibilty_checked.pdf- ./OFFICIAL_SENSITIVE_SOS_Decision_for_Mr_Oliver_Shakles_19841_-_Accessibilty_checked.pdf-I have to determine whether the imposition of a prohibition order is proportionate and in ./OFFICIAL_SENSITIVE_SOS_Decision_for_Mr_Oliver_Shakles_19841_-_Accessibilty_checked.pdf-the public interest. In considering that for this case, I have considered the overall aim of a ./OFFICIAL_SENSITIVE_SOS_Decision_for_Mr_Oliver_Shakles_19841_-_Accessibilty_checked.pdf-prohibition order which is to protect pupils and to maintain public confidence in the ./OFFICIAL_SENSITIVE_SOS_Decision_for_Mr_Oliver_Shakles_19841_-_Accessibilty_checked.pdf-profession. I have considered the extent to which a prohibition order in this case would ./OFFICIAL_SENSITIVE_SOS_Decision_for_Mr_Oliver_Shakles_19841_-_Accessibilty_checked.pdf-achieve that aim taking into account the impact that it will have on the individual teacher. ./OFFICIAL_SENSITIVE_SOS_Decision_for_Mr_Oliver_Shakles_19841_-_Accessibilty_checked.pdf-I have also asked myself, whether a less intrusive measure, such as the published ./OFFICIAL_SENSITIVE_SOS_Decision_for_Mr_Oliver_Shakles_19841_-_Accessibilty_checked.pdf-finding of unacceptable professional conduct and conduct that may bring the profession ./OFFICIAL_SENSITIVE_SOS_Decision_for_Mr_Oliver_Shakles_19841_-_Accessibilty_checked.pdf-into disrepute, would itself be sufficient to achieve the overall aim. I have to consider ./OFFICIAL_SENSITIVE_SOS_Decision_for_Mr_Oliver_Shakles_19841_-_Accessibilty_checked.pdf-whether the consequences of such a publication are themselves sufficient. I have -- ./OFFICIAL_SENSITIVE_SOS_Decision_for_Mr_Oliver_Shakles_19841_-_Accessibilty_checked.pdf-have therefore given this element considerable weight in reaching my decision. ./OFFICIAL_SENSITIVE_SOS_Decision_for_Mr_Oliver_Shakles_19841_-_Accessibilty_checked.pdf- ./OFFICIAL_SENSITIVE_SOS_Decision_for_Mr_Oliver_Shakles_19841_-_Accessibilty_checked.pdf-I have gone on to consider the extent to which a prohibition order would maintain public ./OFFICIAL_SENSITIVE_SOS_Decision_for_Mr_Oliver_Shakles_19841_-_Accessibilty_checked.pdf-confidence in the profession. The panel observe that it, “took into account the way the ./OFFICIAL_SENSITIVE_SOS_Decision_for_Mr_Oliver_Shakles_19841_-_Accessibilty_checked.pdf-teaching profession is viewed by others, the responsibilities and duties of teachers in ./OFFICIAL_SENSITIVE_SOS_Decision_for_Mr_Oliver_Shakles_19841_-_Accessibilty_checked.pdf-relation to the safeguarding and welfare of pupils and considered the influence that ./OFFICIAL_SENSITIVE_SOS_Decision_for_Mr_Oliver_Shakles_19841_-_Accessibilty_checked.pdf-teachers may have on pupils, parents and others in the community. The panel also took ./OFFICIAL_SENSITIVE_SOS_Decision_for_Mr_Oliver_Shakles_19841_-_Accessibilty_checked.pdf-account of the uniquely influential role that teachers can hold in pupils’ lives and the fact ./OFFICIAL_SENSITIVE_SOS_Decision_for_Mr_Oliver_Shakles_19841_-_Accessibilty_checked.pdf-that pupils must be able to view teachers as role models in the way that they behave.” ./OFFICIAL_SENSITIVE_SOS_Decision_for_Mr_Oliver_Shakles_19841_-_Accessibilty_checked.pdf- ./OFFICIAL_SENSITIVE_SOS_Decision_for_Mr_Oliver_Shakles_19841_-_Accessibilty_checked.pdf:I am particularly mindful of the finding of sexual communication with a pupil in this case ./OFFICIAL_SENSITIVE_SOS_Decision_for_Mr_Oliver_Shakles_19841_-_Accessibilty_checked.pdf-and the impact that such a finding has on the reputation of the profession. ./OFFICIAL_SENSITIVE_SOS_Decision_for_Mr_Oliver_Shakles_19841_-_Accessibilty_checked.pdf- ./OFFICIAL_SENSITIVE_SOS_Decision_for_Mr_Oliver_Shakles_19841_-_Accessibilty_checked.pdf-I have had to consider that the public has a high expectation of professional standards of ./OFFICIAL_SENSITIVE_SOS_Decision_for_Mr_Oliver_Shakles_19841_-_Accessibilty_checked.pdf-all teachers and that the public might regard a failure to impose a prohibition order as a ./OFFICIAL_SENSITIVE_SOS_Decision_for_Mr_Oliver_Shakles_19841_-_Accessibilty_checked.pdf-failure to uphold those high standards. In weighing these considerations, I have had to ./OFFICIAL_SENSITIVE_SOS_Decision_for_Mr_Oliver_Shakles_19841_-_Accessibilty_checked.pdf-consider the matter from the point of view of an “ordinary intelligent and well-informed ./OFFICIAL_SENSITIVE_SOS_Decision_for_Mr_Oliver_Shakles_19841_-_Accessibilty_checked.pdf-citizen.” ./OFFICIAL_SENSITIVE_SOS_Decision_for_Mr_Oliver_Shakles_19841_-_Accessibilty_checked.pdf- ./OFFICIAL_SENSITIVE_SOS_Decision_for_Mr_Oliver_Shakles_19841_-_Accessibilty_checked.pdf-I have considered whether the publication of a finding of unacceptable professional ./OFFICIAL_SENSITIVE_SOS_Decision_for_Mr_Oliver_Shakles_19841_-_Accessibilty_checked.pdf-conduct, in the absence of a prohibition order, can itself be regarded by such a person as -- ./OFFICIAL_SENSITIVE_SOS_Decision_for_Mr_Oliver_Shakles_19841_-_Accessibilty_checked.pdf-There were no up to date references or testimonials presented to the panel. The panel ./OFFICIAL_SENSITIVE_SOS_Decision_for_Mr_Oliver_Shakles_19841_-_Accessibilty_checked.pdf-had sight of references at the time of Mr Shakles’ appointment to the school but had no ./OFFICIAL_SENSITIVE_SOS_Decision_for_Mr_Oliver_Shakles_19841_-_Accessibilty_checked.pdf-positive evidence as to his abilities as a teacher during his time at the school.” ./OFFICIAL_SENSITIVE_SOS_Decision_for_Mr_Oliver_Shakles_19841_-_Accessibilty_checked.pdf- ./OFFICIAL_SENSITIVE_SOS_Decision_for_Mr_Oliver_Shakles_19841_-_Accessibilty_checked.pdf-A prohibition order would prevent Mr Shakles from teaching and would also clearly ./OFFICIAL_SENSITIVE_SOS_Decision_for_Mr_Oliver_Shakles_19841_-_Accessibilty_checked.pdf-deprive the public of his contribution to the profession for the period that it is in force. ./OFFICIAL_SENSITIVE_SOS_Decision_for_Mr_Oliver_Shakles_19841_-_Accessibilty_checked.pdf- ./OFFICIAL_SENSITIVE_SOS_Decision_for_Mr_Oliver_Shakles_19841_-_Accessibilty_checked.pdf-In this case, I have placed considerable weight on the panel’s comments concerning the ./OFFICIAL_SENSITIVE_SOS_Decision_for_Mr_Oliver_Shakles_19841_-_Accessibilty_checked.pdf-lack of insight or remorse. The panel has also said, “The panel found that Mr Shakles ./OFFICIAL_SENSITIVE_SOS_Decision_for_Mr_Oliver_Shakles_19841_-_Accessibilty_checked.pdf-was responsible for engaging/ developing an inappropriate relationship with Pupil A that ./OFFICIAL_SENSITIVE_SOS_Decision_for_Mr_Oliver_Shakles_19841_-_Accessibilty_checked.pdf:was sexually motivated.” ./OFFICIAL_SENSITIVE_SOS_Decision_for_Mr_Oliver_Shakles_19841_-_Accessibilty_checked.pdf- ./OFFICIAL_SENSITIVE_SOS_Decision_for_Mr_Oliver_Shakles_19841_-_Accessibilty_checked.pdf- 20 ./OFFICIAL_SENSITIVE_SOS_Decision_for_Mr_Oliver_Shakles_19841_-_Accessibilty_checked.pdf- ./OFFICIAL_SENSITIVE_SoS_decision_Laurie_Softley_16913_web_decision.pdf- ./OFFICIAL_SENSITIVE_SoS_decision_Laurie_Softley_16913_web_decision.pdf-Whilst employed as a Teacher of Music at the Ecclesbourne School ("the School") from 1 ./OFFICIAL_SENSITIVE_SoS_decision_Laurie_Softley_16913_web_decision.pdf-September 2007 to 8 September 2017 ./OFFICIAL_SENSITIVE_SoS_decision_Laurie_Softley_16913_web_decision.pdf- ./OFFICIAL_SENSITIVE_SoS_decision_Laurie_Softley_16913_web_decision.pdf- 1. On or around 23 May 2008, you failed to maintain appropriate professional ./OFFICIAL_SENSITIVE_SoS_decision_Laurie_Softley_16913_web_decision.pdf- boundaries with Pupil A, including by: ./OFFICIAL_SENSITIVE_SoS_decision_Laurie_Softley_16913_web_decision.pdf- ./OFFICIAL_SENSITIVE_SoS_decision_Laurie_Softley_16913_web_decision.pdf- a. Inviting and/or allowing Pupil A to visit your home address on one or more ./OFFICIAL_SENSITIVE_SoS_decision_Laurie_Softley_16913_web_decision.pdf- occasions; ./OFFICIAL_SENSITIVE_SoS_decision_Laurie_Softley_16913_web_decision.pdf- ./OFFICIAL_SENSITIVE_SoS_decision_Laurie_Softley_16913_web_decision.pdf: b. Engaging in sexual intercourse and/or sexual contact with Pupil A while he ./OFFICIAL_SENSITIVE_SoS_decision_Laurie_Softley_16913_web_decision.pdf- remained on the pupil roll of the School on one or more occasions. ./OFFICIAL_SENSITIVE_SoS_decision_Laurie_Softley_16913_web_decision.pdf- ./OFFICIAL_SENSITIVE_SoS_decision_Laurie_Softley_16913_web_decision.pdf- 2. You engaged in an inappropriate relationship with Pupil B: ./OFFICIAL_SENSITIVE_SoS_decision_Laurie_Softley_16913_web_decision.pdf- ./OFFICIAL_SENSITIVE_SoS_decision_Laurie_Softley_16913_web_decision.pdf- a. By inviting and/or allowing Pupil B to visit your home address on one or ./OFFICIAL_SENSITIVE_SoS_decision_Laurie_Softley_16913_web_decision.pdf- more occasions; ./OFFICIAL_SENSITIVE_SoS_decision_Laurie_Softley_16913_web_decision.pdf- ./OFFICIAL_SENSITIVE_SoS_decision_Laurie_Softley_16913_web_decision.pdf: b. By engaging in sexual activity with Pupil B on one or more occasions; ./OFFICIAL_SENSITIVE_SoS_decision_Laurie_Softley_16913_web_decision.pdf- ./OFFICIAL_SENSITIVE_SoS_decision_Laurie_Softley_16913_web_decision.pdf- c. Despite the final written warning you received on or around 11 September ./OFFICIAL_SENSITIVE_SoS_decision_Laurie_Softley_16913_web_decision.pdf- 2008 in relation to your conduct towards Pupil A. ./OFFICIAL_SENSITIVE_SoS_decision_Laurie_Softley_16913_web_decision.pdf- ./OFFICIAL_SENSITIVE_SoS_decision_Laurie_Softley_16913_web_decision.pdf- 3. Your actions as may be found proven at Allegation (s) 1 and/or 2 above were ./OFFICIAL_SENSITIVE_SoS_decision_Laurie_Softley_16913_web_decision.pdf: sexually motivated. ./OFFICIAL_SENSITIVE_SoS_decision_Laurie_Softley_16913_web_decision.pdf- ./OFFICIAL_SENSITIVE_SoS_decision_Laurie_Softley_16913_web_decision.pdf-In the absence of a response from Ms Softley this panel takes the allegations not to have ./OFFICIAL_SENSITIVE_SoS_decision_Laurie_Softley_16913_web_decision.pdf-been admitted and to require proof. ./OFFICIAL_SENSITIVE_SoS_decision_Laurie_Softley_16913_web_decision.pdf- ./OFFICIAL_SENSITIVE_SoS_decision_Laurie_Softley_16913_web_decision.pdf- ./OFFICIAL_SENSITIVE_SoS_decision_Laurie_Softley_16913_web_decision.pdf-C. Preliminary applications ./OFFICIAL_SENSITIVE_SoS_decision_Laurie_Softley_16913_web_decision.pdf-Ms Softley did not attend and an application was made to proceed in her absence ./OFFICIAL_SENSITIVE_SoS_decision_Laurie_Softley_16913_web_decision.pdf-pursuant to paragraphs 4.27 – 4.29 of the Teacher Misconduct: disciplinary procedures ./OFFICIAL_SENSITIVE_SoS_decision_Laurie_Softley_16913_web_decision.pdf-for the teaching profession ("The disciplinary procedures"). ./OFFICIAL_SENSITIVE_SoS_decision_Laurie_Softley_16913_web_decision.pdf- -- ./OFFICIAL_SENSITIVE_SoS_decision_Laurie_Softley_16913_web_decision.pdf-The panel has carefully considered the case before us and have reached a decision. ./OFFICIAL_SENSITIVE_SoS_decision_Laurie_Softley_16913_web_decision.pdf- ./OFFICIAL_SENSITIVE_SoS_decision_Laurie_Softley_16913_web_decision.pdf-The panel confirms that it has read all the documents provided in the bundle in advance ./OFFICIAL_SENSITIVE_SoS_decision_Laurie_Softley_16913_web_decision.pdf-of the hearing. ./OFFICIAL_SENSITIVE_SoS_decision_Laurie_Softley_16913_web_decision.pdf- ./OFFICIAL_SENSITIVE_SoS_decision_Laurie_Softley_16913_web_decision.pdf-Ms Softley was employed at the School as a music teacher from 1 September 2007 until ./OFFICIAL_SENSITIVE_SoS_decision_Laurie_Softley_16913_web_decision.pdf-8 September 2017. The allegations relate to two separate courses of events which took ./OFFICIAL_SENSITIVE_SoS_decision_Laurie_Softley_16913_web_decision.pdf-place approximately seven years apart. ./OFFICIAL_SENSITIVE_SoS_decision_Laurie_Softley_16913_web_decision.pdf- ./OFFICIAL_SENSITIVE_SoS_decision_Laurie_Softley_16913_web_decision.pdf-In relation to Pupil A it is alleged by the TRA that Ms Softley failed to maintain ./OFFICIAL_SENSITIVE_SoS_decision_Laurie_Softley_16913_web_decision.pdf:appropriate professional boundaries in that on 23 May 2008 she had penetrative sexual ./OFFICIAL_SENSITIVE_SoS_decision_Laurie_Softley_16913_web_decision.pdf:intercourse and performed a sex act upon Pupil A. ./OFFICIAL_SENSITIVE_SoS_decision_Laurie_Softley_16913_web_decision.pdf- ./OFFICIAL_SENSITIVE_SoS_decision_Laurie_Softley_16913_web_decision.pdf-Pupil A was, at the material time, [redacted] on the School's roll. Ms Softley had been ./OFFICIAL_SENSITIVE_SoS_decision_Laurie_Softley_16913_web_decision.pdf-Pupil A's music teacher. ./OFFICIAL_SENSITIVE_SoS_decision_Laurie_Softley_16913_web_decision.pdf- ./OFFICIAL_SENSITIVE_SoS_decision_Laurie_Softley_16913_web_decision.pdf-The context within which this is alleged to have taken place is that Ms Softley had ./OFFICIAL_SENSITIVE_SoS_decision_Laurie_Softley_16913_web_decision.pdf-contacted Pupil A via Facebook and had arranged to meet up in a pub. Thereafter, Ms ./OFFICIAL_SENSITIVE_SoS_decision_Laurie_Softley_16913_web_decision.pdf-Softley and Pupil A returned to Ms Softley's address and the incident is alleged to have ./OFFICIAL_SENSITIVE_SoS_decision_Laurie_Softley_16913_web_decision.pdf-happened there. ./OFFICIAL_SENSITIVE_SoS_decision_Laurie_Softley_16913_web_decision.pdf- ./OFFICIAL_SENSITIVE_SoS_decision_Laurie_Softley_16913_web_decision.pdf-Although it is unclear exactly how the incident came to light within the School, there was ./OFFICIAL_SENSITIVE_SoS_decision_Laurie_Softley_16913_web_decision.pdf:an internal investigation during which Ms Softley admitted that sexual activity had ./OFFICIAL_SENSITIVE_SoS_decision_Laurie_Softley_16913_web_decision.pdf-occurred between her and Pupil A. On 11 September 2008 Ms Softley was issued with a ./OFFICIAL_SENSITIVE_SoS_decision_Laurie_Softley_16913_web_decision.pdf-final written warning for gross misconduct. ./OFFICIAL_SENSITIVE_SoS_decision_Laurie_Softley_16913_web_decision.pdf- ./OFFICIAL_SENSITIVE_SoS_decision_Laurie_Softley_16913_web_decision.pdf-In relation to Pupil B it is alleged by the TRA that the Ms Softley engaged in an ./OFFICIAL_SENSITIVE_SoS_decision_Laurie_Softley_16913_web_decision.pdf-inappropriate relationship with Pupil B. ./OFFICIAL_SENSITIVE_SoS_decision_Laurie_Softley_16913_web_decision.pdf- ./OFFICIAL_SENSITIVE_SoS_decision_Laurie_Softley_16913_web_decision.pdf-Pupil B was, at the material time, [redacted]. Ms Softley was, at the material time, Pupil ./OFFICIAL_SENSITIVE_SoS_decision_Laurie_Softley_16913_web_decision.pdf-A's music teacher. ./OFFICIAL_SENSITIVE_SoS_decision_Laurie_Softley_16913_web_decision.pdf- ./OFFICIAL_SENSITIVE_SoS_decision_Laurie_Softley_16913_web_decision.pdf-In summary, sometime before Christmas 2013 Ms Softley is alleged to have contacted -- ./OFFICIAL_SENSITIVE_SoS_decision_Laurie_Softley_16913_web_decision.pdf:B is alleged to have digitally penetrated Ms Softley but no penetrative sexual intercourse ./OFFICIAL_SENSITIVE_SoS_decision_Laurie_Softley_16913_web_decision.pdf-took place. Pupil B is alleged to have returned home in a taxi. ./OFFICIAL_SENSITIVE_SoS_decision_Laurie_Softley_16913_web_decision.pdf- ./OFFICIAL_SENSITIVE_SoS_decision_Laurie_Softley_16913_web_decision.pdf-An investigation took place within the School after a teacher overheard pupils discussing ./OFFICIAL_SENSITIVE_SoS_decision_Laurie_Softley_16913_web_decision.pdf-rumours about an inappropriate relationship between Ms Softley and Pupil B. During the ./OFFICIAL_SENSITIVE_SoS_decision_Laurie_Softley_16913_web_decision.pdf:course of this investigation both Ms Softley and Pupil B denied any sexual activity or ./OFFICIAL_SENSITIVE_SoS_decision_Laurie_Softley_16913_web_decision.pdf-anything else inappropriate had occurred between them. Further, the investigation sought ./OFFICIAL_SENSITIVE_SoS_decision_Laurie_Softley_16913_web_decision.pdf-accounts from other pupils at the School but no direct evidence was unearthed and the ./OFFICIAL_SENSITIVE_SoS_decision_Laurie_Softley_16913_web_decision.pdf-matter was closed with no further action. ./OFFICIAL_SENSITIVE_SoS_decision_Laurie_Softley_16913_web_decision.pdf- ./OFFICIAL_SENSITIVE_SoS_decision_Laurie_Softley_16913_web_decision.pdf:In 2017 Pupil B told [redacted] he was being treated by that he had engaged in sexual ./OFFICIAL_SENSITIVE_SoS_decision_Laurie_Softley_16913_web_decision.pdf-behaviour with Ms Softley. The [redacted] raised this matter with the appropriate ./OFFICIAL_SENSITIVE_SoS_decision_Laurie_Softley_16913_web_decision.pdf-authorities as a safeguarding issue. As a result of this on 3 March 2017 a strategy ./OFFICIAL_SENSITIVE_SoS_decision_Laurie_Softley_16913_web_decision.pdf-meeting was convened by the Lead Authority Designated Officer. ("LADO"). Following ./OFFICIAL_SENSITIVE_SoS_decision_Laurie_Softley_16913_web_decision.pdf-this meeting, the police conducted an investigation which included an interview with Ms ./OFFICIAL_SENSITIVE_SoS_decision_Laurie_Softley_16913_web_decision.pdf-Softley, no criminal proceedings ensued. At the conclusion of the police involvement the ./OFFICIAL_SENSITIVE_SoS_decision_Laurie_Softley_16913_web_decision.pdf-School conducted its own investigation and Ms Softley's employment ended when she ./OFFICIAL_SENSITIVE_SoS_decision_Laurie_Softley_16913_web_decision.pdf-resigned on 8 September 2017. The School made a referral to the TRA and the ./OFFICIAL_SENSITIVE_SoS_decision_Laurie_Softley_16913_web_decision.pdf-Disclosure and Barring Service. ./OFFICIAL_SENSITIVE_SoS_decision_Laurie_Softley_16913_web_decision.pdf- ./OFFICIAL_SENSITIVE_SoS_decision_Laurie_Softley_16913_web_decision.pdf-Findings of fact -- ./OFFICIAL_SENSITIVE_SoS_decision_Laurie_Softley_16913_web_decision.pdf- ./OFFICIAL_SENSITIVE_SoS_decision_Laurie_Softley_16913_web_decision.pdf- iv. Allegation 2.b.; ./OFFICIAL_SENSITIVE_SoS_decision_Laurie_Softley_16913_web_decision.pdf- ./OFFICIAL_SENSITIVE_SoS_decision_Laurie_Softley_16913_web_decision.pdf- v. Allegation 2.c.; ./OFFICIAL_SENSITIVE_SoS_decision_Laurie_Softley_16913_web_decision.pdf- ./OFFICIAL_SENSITIVE_SoS_decision_Laurie_Softley_16913_web_decision.pdf- vi. Allegation 3. ./OFFICIAL_SENSITIVE_SoS_decision_Laurie_Softley_16913_web_decision.pdf- ./OFFICIAL_SENSITIVE_SoS_decision_Laurie_Softley_16913_web_decision.pdf-In relation to allegations 1.a. and b. the panel finds that on or around 23 May 2008 Ms ./OFFICIAL_SENSITIVE_SoS_decision_Laurie_Softley_16913_web_decision.pdf-Softley and Pupil A returned to Ms Softley's home address following meeting up earlier in ./OFFICIAL_SENSITIVE_SoS_decision_Laurie_Softley_16913_web_decision.pdf-a pub. The panel finds that whilst at the property Ms Softley and Pupil A engaged in ./OFFICIAL_SENSITIVE_SoS_decision_Laurie_Softley_16913_web_decision.pdf:consensual sexual activity which included penetrative sex and Ms Softley performing oral ./OFFICIAL_SENSITIVE_SoS_decision_Laurie_Softley_16913_web_decision.pdf:sex on Pupil A. The panel finds that both Ms Softley and Pupil A had consumed alcoholic ./OFFICIAL_SENSITIVE_SoS_decision_Laurie_Softley_16913_web_decision.pdf-drinks on this occasion. The panel also finds that on this date Pupil A was on the ./OFFICIAL_SENSITIVE_SoS_decision_Laurie_Softley_16913_web_decision.pdf-School's roll. ./OFFICIAL_SENSITIVE_SoS_decision_Laurie_Softley_16913_web_decision.pdf- ./OFFICIAL_SENSITIVE_SoS_decision_Laurie_Softley_16913_web_decision.pdf- ./OFFICIAL_SENSITIVE_SoS_decision_Laurie_Softley_16913_web_decision.pdf- 8 ./OFFICIAL_SENSITIVE_SoS_decision_Laurie_Softley_16913_web_decision.pdf- -- ./OFFICIAL_SENSITIVE_SoS_decision_Laurie_Softley_16913_web_decision.pdf-Given that Pupil A was, at the material time, on the School's roll and that Ms Softley had ./OFFICIAL_SENSITIVE_SoS_decision_Laurie_Softley_16913_web_decision.pdf-been his teacher it follows that the panel considers that Ms Softley transgressed the ./OFFICIAL_SENSITIVE_SoS_decision_Laurie_Softley_16913_web_decision.pdf-appropriate professional boundaries that are meant to exist between a teacher and a ./OFFICIAL_SENSITIVE_SoS_decision_Laurie_Softley_16913_web_decision.pdf-pupil. ./OFFICIAL_SENSITIVE_SoS_decision_Laurie_Softley_16913_web_decision.pdf- ./OFFICIAL_SENSITIVE_SoS_decision_Laurie_Softley_16913_web_decision.pdf-The panel considered that Pupil A's evidence was credible and accepted his account. In ./OFFICIAL_SENSITIVE_SoS_decision_Laurie_Softley_16913_web_decision.pdf-reaching this view the panel took into account that Pupil A was able to provide a detailed ./OFFICIAL_SENSITIVE_SoS_decision_Laurie_Softley_16913_web_decision.pdf-description of Ms Softley's property and that this was consistent with Ms Softley's police ./OFFICIAL_SENSITIVE_SoS_decision_Laurie_Softley_16913_web_decision.pdf-interview. The panel also took into account that Ms Softley had admitted in the School's ./OFFICIAL_SENSITIVE_SoS_decision_Laurie_Softley_16913_web_decision.pdf:internal investigation that she and Pupil A had engaged in sexual activity and that during ./OFFICIAL_SENSITIVE_SoS_decision_Laurie_Softley_16913_web_decision.pdf:her police interview she had explicitly admitted that they had had sex. Moreover, in the ./OFFICIAL_SENSITIVE_SoS_decision_Laurie_Softley_16913_web_decision.pdf-response to the allegations Ms Softley stated that she had failed to maintain appropriate ./OFFICIAL_SENSITIVE_SoS_decision_Laurie_Softley_16913_web_decision.pdf-professional boundaries with Pupil A. ./OFFICIAL_SENSITIVE_SoS_decision_Laurie_Softley_16913_web_decision.pdf- ./OFFICIAL_SENSITIVE_SoS_decision_Laurie_Softley_16913_web_decision.pdf-The panel accepted the evidence of Individual A and from Pupil A that Pupil A was on the ./OFFICIAL_SENSITIVE_SoS_decision_Laurie_Softley_16913_web_decision.pdf-School's roll until August 2007. ./OFFICIAL_SENSITIVE_SoS_decision_Laurie_Softley_16913_web_decision.pdf- ./OFFICIAL_SENSITIVE_SoS_decision_Laurie_Softley_16913_web_decision.pdf-With regard to allegations 2.a. and b. the panel finds that on an unknown date before ./OFFICIAL_SENSITIVE_SoS_decision_Laurie_Softley_16913_web_decision.pdf-Christmas 2013 Ms Softley contacted Pupil B by text message and made arrangements ./OFFICIAL_SENSITIVE_SoS_decision_Laurie_Softley_16913_web_decision.pdf-to come and collect him in her car and that thereafter they attended her home address. ./OFFICIAL_SENSITIVE_SoS_decision_Laurie_Softley_16913_web_decision.pdf-Whilst there Ms Softley and Pupil B had some alcoholic drinks and Ms Softley initiated a -- ./OFFICIAL_SENSITIVE_SoS_decision_Laurie_Softley_16913_web_decision.pdf-disclosure would be made. The panel also considered that Pupil's B's account of the ./OFFICIAL_SENSITIVE_SoS_decision_Laurie_Softley_16913_web_decision.pdf-layout of Ms Softley's home addresses and the names of those who shared the ./OFFICIAL_SENSITIVE_SoS_decision_Laurie_Softley_16913_web_decision.pdf-properties with her was consistent with her police interview. ./OFFICIAL_SENSITIVE_SoS_decision_Laurie_Softley_16913_web_decision.pdf- ./OFFICIAL_SENSITIVE_SoS_decision_Laurie_Softley_16913_web_decision.pdf-In relation to allegation 2.c. the panel accepted evidence from Individual A that Ms ./OFFICIAL_SENSITIVE_SoS_decision_Laurie_Softley_16913_web_decision.pdf-Softley was issued a final written warning on 11 September 2007 in respect of her ./OFFICIAL_SENSITIVE_SoS_decision_Laurie_Softley_16913_web_decision.pdf-actions with Pupil A. ./OFFICIAL_SENSITIVE_SoS_decision_Laurie_Softley_16913_web_decision.pdf- ./OFFICIAL_SENSITIVE_SoS_decision_Laurie_Softley_16913_web_decision.pdf-In respect of allegation 3., the panel was satisfied, on the balance of probabilities, that Ms ./OFFICIAL_SENSITIVE_SoS_decision_Laurie_Softley_16913_web_decision.pdf:Softley's actions at allegations 1. and 2. were sexually motivated. In reaching this ./OFFICIAL_SENSITIVE_SoS_decision_Laurie_Softley_16913_web_decision.pdf:decision the panel took account of its findings that sexual activity had taken place ./OFFICIAL_SENSITIVE_SoS_decision_Laurie_Softley_16913_web_decision.pdf-between Ms Softley and each of the pupils. The panel considered whether there was any ./OFFICIAL_SENSITIVE_SoS_decision_Laurie_Softley_16913_web_decision.pdf:other reasonable explanation other than that Ms Softley's actions were sexually ./OFFICIAL_SENSITIVE_SoS_decision_Laurie_Softley_16913_web_decision.pdf-motivated and concluded, on the balance of probabilities, that there was not. ./OFFICIAL_SENSITIVE_SoS_decision_Laurie_Softley_16913_web_decision.pdf- ./OFFICIAL_SENSITIVE_SoS_decision_Laurie_Softley_16913_web_decision.pdf-Findings as to unacceptable professional conduct and/or conduct that ./OFFICIAL_SENSITIVE_SoS_decision_Laurie_Softley_16913_web_decision.pdf-may bring the profession into disrepute ./OFFICIAL_SENSITIVE_SoS_decision_Laurie_Softley_16913_web_decision.pdf-Having found all of the allegations to have been proven, the panel has gone on to ./OFFICIAL_SENSITIVE_SoS_decision_Laurie_Softley_16913_web_decision.pdf-consider whether the facts of those proven allegations amount to unacceptable ./OFFICIAL_SENSITIVE_SoS_decision_Laurie_Softley_16913_web_decision.pdf-professional conduct and/or conduct that may bring the profession into disrepute. ./OFFICIAL_SENSITIVE_SoS_decision_Laurie_Softley_16913_web_decision.pdf- ./OFFICIAL_SENSITIVE_SoS_decision_Laurie_Softley_16913_web_decision.pdf-In doing so, the panel has had regard to the document Teacher Misconduct: The ./OFFICIAL_SENSITIVE_SoS_decision_Laurie_Softley_16913_web_decision.pdf-Prohibition of Teachers, which the panel refers to as “the Advice”. -- ./OFFICIAL_SENSITIVE_SoS_decision_Laurie_Softley_16913_web_decision.pdf- professional position; ./OFFICIAL_SENSITIVE_SoS_decision_Laurie_Softley_16913_web_decision.pdf- o having regard for the need to safeguard pupils’ well-being, in accordance with ./OFFICIAL_SENSITIVE_SoS_decision_Laurie_Softley_16913_web_decision.pdf- statutory provisions; ./OFFICIAL_SENSITIVE_SoS_decision_Laurie_Softley_16913_web_decision.pdf- • Teachers must have an understanding of, and always act within, the statutory ./OFFICIAL_SENSITIVE_SoS_decision_Laurie_Softley_16913_web_decision.pdf- frameworks which set out their professional duties and responsibilities. ./OFFICIAL_SENSITIVE_SoS_decision_Laurie_Softley_16913_web_decision.pdf- ./OFFICIAL_SENSITIVE_SoS_decision_Laurie_Softley_16913_web_decision.pdf-The panel is satisfied that the conduct of Ms Softley amounts to misconduct of a serious ./OFFICIAL_SENSITIVE_SoS_decision_Laurie_Softley_16913_web_decision.pdf-nature which fell significantly short of the standards expected of the profession. In ./OFFICIAL_SENSITIVE_SoS_decision_Laurie_Softley_16913_web_decision.pdf-reaching this conclusion the panel has considered the following: ./OFFICIAL_SENSITIVE_SoS_decision_Laurie_Softley_16913_web_decision.pdf- ./OFFICIAL_SENSITIVE_SoS_decision_Laurie_Softley_16913_web_decision.pdf: • That Ms Softley had initiated and engaged in sexual activity with both Pupil A and ./OFFICIAL_SENSITIVE_SoS_decision_Laurie_Softley_16913_web_decision.pdf- Pupil B; ./OFFICIAL_SENSITIVE_SoS_decision_Laurie_Softley_16913_web_decision.pdf- ./OFFICIAL_SENSITIVE_SoS_decision_Laurie_Softley_16913_web_decision.pdf- 10 ./OFFICIAL_SENSITIVE_SoS_decision_Laurie_Softley_16913_web_decision.pdf- -- ./OFFICIAL_SENSITIVE_SoS_decision_Laurie_Softley_16913_web_decision.pdf- • Declaring and upholding proper standards of conduct. ./OFFICIAL_SENSITIVE_SoS_decision_Laurie_Softley_16913_web_decision.pdf- ./OFFICIAL_SENSITIVE_SoS_decision_Laurie_Softley_16913_web_decision.pdf-The panel considers that the following mitigating features exist: ./OFFICIAL_SENSITIVE_SoS_decision_Laurie_Softley_16913_web_decision.pdf- ./OFFICIAL_SENSITIVE_SoS_decision_Laurie_Softley_16913_web_decision.pdf- • No previous regulatory findings; ./OFFICIAL_SENSITIVE_SoS_decision_Laurie_Softley_16913_web_decision.pdf- ./OFFICIAL_SENSITIVE_SoS_decision_Laurie_Softley_16913_web_decision.pdf- • Ms Softley's abilities as a music teacher. ./OFFICIAL_SENSITIVE_SoS_decision_Laurie_Softley_16913_web_decision.pdf- ./OFFICIAL_SENSITIVE_SoS_decision_Laurie_Softley_16913_web_decision.pdf-The panel considers that the following aggravating features exist: ./OFFICIAL_SENSITIVE_SoS_decision_Laurie_Softley_16913_web_decision.pdf- ./OFFICIAL_SENSITIVE_SoS_decision_Laurie_Softley_16913_web_decision.pdf: • Ms Softley's actions were deliberate and sexually motivated; ./OFFICIAL_SENSITIVE_SoS_decision_Laurie_Softley_16913_web_decision.pdf- ./OFFICIAL_SENSITIVE_SoS_decision_Laurie_Softley_16913_web_decision.pdf: • Ms Softley initiated and engaged, on separate occasions, in sexual activity with ./OFFICIAL_SENSITIVE_SoS_decision_Laurie_Softley_16913_web_decision.pdf- both Pupil A and Pupil B; ./OFFICIAL_SENSITIVE_SoS_decision_Laurie_Softley_16913_web_decision.pdf- ./OFFICIAL_SENSITIVE_SoS_decision_Laurie_Softley_16913_web_decision.pdf: • Ms Softley's conduct in engaging in inapproporiate sexual activity was repeated ./OFFICIAL_SENSITIVE_SoS_decision_Laurie_Softley_16913_web_decision.pdf- and on each occasion followed a similar pattern; Moreover, that despite having ./OFFICIAL_SENSITIVE_SoS_decision_Laurie_Softley_16913_web_decision.pdf- received a warning for her conduct towards Pupil A in 2008, Ms Softley went on to ./OFFICIAL_SENSITIVE_SoS_decision_Laurie_Softley_16913_web_decision.pdf- act in a similar way in respect of Pupil B; ./OFFICIAL_SENSITIVE_SoS_decision_Laurie_Softley_16913_web_decision.pdf- ./OFFICIAL_SENSITIVE_SoS_decision_Laurie_Softley_16913_web_decision.pdf- • As recognised by both Pupil A and B in their evidence Ms Softley abused her ./OFFICIAL_SENSITIVE_SoS_decision_Laurie_Softley_16913_web_decision.pdf- position of trust in exploiting the power imbalance between herself and the pupils. ./OFFICIAL_SENSITIVE_SoS_decision_Laurie_Softley_16913_web_decision.pdf- ./OFFICIAL_SENSITIVE_SoS_decision_Laurie_Softley_16913_web_decision.pdf- • There was little or no evidence that Ms Softley had any insight into her actions; ./OFFICIAL_SENSITIVE_SoS_decision_Laurie_Softley_16913_web_decision.pdf- ./OFFICIAL_SENSITIVE_SoS_decision_Laurie_Softley_16913_web_decision.pdf- • Ms Softley's disciplinary record at the School. Whilst the factual background to ./OFFICIAL_SENSITIVE_SoS_decision_Laurie_Softley_16913_web_decision.pdf- these incidents is separate and different to the proven allegations, the panel ./OFFICIAL_SENSITIVE_SoS_decision_Laurie_Softley_16913_web_decision.pdf- considers that this history is indicative of previous failures to act in accordance ./OFFICIAL_SENSITIVE_SoS_decision_Laurie_Softley_16913_web_decision.pdf- with required standards of conduct; ./OFFICIAL_SENSITIVE_SoS_decision_Laurie_Softley_16913_web_decision.pdf- ./OFFICIAL_SENSITIVE_SoS_decision_Laurie_Softley_16913_web_decision.pdf- • Both pupils identified that the incidents had had an adverse effect upon them. ./OFFICIAL_SENSITIVE_SoS_decision_Laurie_Softley_16913_web_decision.pdf- ./OFFICIAL_SENSITIVE_SoS_decision_Laurie_Softley_16913_web_decision.pdf:In light of the panel’s findings against Ms Softley, which involved her engaging in sexual ./OFFICIAL_SENSITIVE_SoS_decision_Laurie_Softley_16913_web_decision.pdf-activity on separate occasions with two different pupils, there is a strong public interest ./OFFICIAL_SENSITIVE_SoS_decision_Laurie_Softley_16913_web_decision.pdf-consideration in respect of the protection of pupils. ./OFFICIAL_SENSITIVE_SoS_decision_Laurie_Softley_16913_web_decision.pdf- ./OFFICIAL_SENSITIVE_SoS_decision_Laurie_Softley_16913_web_decision.pdf-Similarly, the panel considers that public confidence in the profession could be seriously ./OFFICIAL_SENSITIVE_SoS_decision_Laurie_Softley_16913_web_decision.pdf-weakened if conduct such as that found against Ms Softley was not treated with the ./OFFICIAL_SENSITIVE_SoS_decision_Laurie_Softley_16913_web_decision.pdf-utmost seriousness when regulating the conduct of the profession. ./OFFICIAL_SENSITIVE_SoS_decision_Laurie_Softley_16913_web_decision.pdf- ./OFFICIAL_SENSITIVE_SoS_decision_Laurie_Softley_16913_web_decision.pdf-The panel considers that a strong public interest consideration in declaring proper ./OFFICIAL_SENSITIVE_SoS_decision_Laurie_Softley_16913_web_decision.pdf-standards of conduct in the profession was also present as the conduct found against Ms ./OFFICIAL_SENSITIVE_SoS_decision_Laurie_Softley_16913_web_decision.pdf-Softley was outside that which could reasonably be tolerated. -- ./OFFICIAL_SENSITIVE_SoS_decision_Laurie_Softley_16913_web_decision.pdf-applying the standard of the ordinary, intelligent citizen, recommending no prohibition ./OFFICIAL_SENSITIVE_SoS_decision_Laurie_Softley_16913_web_decision.pdf-order is likely to compromise public confidence in the profession. Therefore, a prohibition ./OFFICIAL_SENSITIVE_SoS_decision_Laurie_Softley_16913_web_decision.pdf-order is both proportionate and necessary in order to protect the public interest because: ./OFFICIAL_SENSITIVE_SoS_decision_Laurie_Softley_16913_web_decision.pdf- ./OFFICIAL_SENSITIVE_SoS_decision_Laurie_Softley_16913_web_decision.pdf- • Of the serious departure from the personal and professional conduct elements of ./OFFICIAL_SENSITIVE_SoS_decision_Laurie_Softley_16913_web_decision.pdf- the Teachers' Standards; ./OFFICIAL_SENSITIVE_SoS_decision_Laurie_Softley_16913_web_decision.pdf- ./OFFICIAL_SENSITIVE_SoS_decision_Laurie_Softley_16913_web_decision.pdf- • The repeated transgression of the professional boundaries that are meant to exist ./OFFICIAL_SENSITIVE_SoS_decision_Laurie_Softley_16913_web_decision.pdf- between a teacher and a pupil; ./OFFICIAL_SENSITIVE_SoS_decision_Laurie_Softley_16913_web_decision.pdf- ./OFFICIAL_SENSITIVE_SoS_decision_Laurie_Softley_16913_web_decision.pdf: • Ms Softley initiated and engaged in sexual activity, on separate occasions, with ./OFFICIAL_SENSITIVE_SoS_decision_Laurie_Softley_16913_web_decision.pdf- Pupil A and Pupil B. ./OFFICIAL_SENSITIVE_SoS_decision_Laurie_Softley_16913_web_decision.pdf- ./OFFICIAL_SENSITIVE_SoS_decision_Laurie_Softley_16913_web_decision.pdf-Accordingly, the panel makes a recommendation to the Secretary of State that a ./OFFICIAL_SENSITIVE_SoS_decision_Laurie_Softley_16913_web_decision.pdf-prohibition order should be imposed with immediate effect. ./OFFICIAL_SENSITIVE_SoS_decision_Laurie_Softley_16913_web_decision.pdf- ./OFFICIAL_SENSITIVE_SoS_decision_Laurie_Softley_16913_web_decision.pdf-The panel went on to consider whether or not it would be appropriate to recommend that ./OFFICIAL_SENSITIVE_SoS_decision_Laurie_Softley_16913_web_decision.pdf-a review period of the order should be considered. The panel was mindful of the Advice ./OFFICIAL_SENSITIVE_SoS_decision_Laurie_Softley_16913_web_decision.pdf-that a prohibition order applies for life. However, there may be circumstances in any ./OFFICIAL_SENSITIVE_SoS_decision_Laurie_Softley_16913_web_decision.pdf-given case that may make it appropriate to allow a teacher to apply to have the ./OFFICIAL_SENSITIVE_SoS_decision_Laurie_Softley_16913_web_decision.pdf-prohibition order reviewed after a specified period of time that may not be less than two ./OFFICIAL_SENSITIVE_SoS_decision_Laurie_Softley_16913_web_decision.pdf-years. ./OFFICIAL_SENSITIVE_SoS_decision_Laurie_Softley_16913_web_decision.pdf- ./OFFICIAL_SENSITIVE_SoS_decision_Laurie_Softley_16913_web_decision.pdf-The Advice indicates that there are behaviours that, if proven, would militate against a ./OFFICIAL_SENSITIVE_SoS_decision_Laurie_Softley_16913_web_decision.pdf:review period being recommended. One of these behaviours is serious sexual ./OFFICIAL_SENSITIVE_SoS_decision_Laurie_Softley_16913_web_decision.pdf:misconduct where the act was sexually motivated and resulted in, or had the potential to ./OFFICIAL_SENSITIVE_SoS_decision_Laurie_Softley_16913_web_decision.pdf-result in, harm to a person or persons, particularly where the individual has used their ./OFFICIAL_SENSITIVE_SoS_decision_Laurie_Softley_16913_web_decision.pdf-professional position to influence or exploit a person or persons. The panel has found ./OFFICIAL_SENSITIVE_SoS_decision_Laurie_Softley_16913_web_decision.pdf:that Ms Softley has engaged in sexual activity with two pupils. This conduct had the ./OFFICIAL_SENSITIVE_SoS_decision_Laurie_Softley_16913_web_decision.pdf-potential to cause harm to Pupils A and B and both gave evidence of the adverse effect it ./OFFICIAL_SENSITIVE_SoS_decision_Laurie_Softley_16913_web_decision.pdf-had had upon them. Moreover, the panel consider that Ms Softley has not provided any ./OFFICIAL_SENSITIVE_SoS_decision_Laurie_Softley_16913_web_decision.pdf-satisfactory evidence of insight. ./OFFICIAL_SENSITIVE_SoS_decision_Laurie_Softley_16913_web_decision.pdf- ./OFFICIAL_SENSITIVE_SoS_decision_Laurie_Softley_16913_web_decision.pdf-The panel was of the view that the findings indicated a situation in which a review period ./OFFICIAL_SENSITIVE_SoS_decision_Laurie_Softley_16913_web_decision.pdf-would not be appropriate and as such decided that it would be proportionate in all the ./OFFICIAL_SENSITIVE_SoS_decision_Laurie_Softley_16913_web_decision.pdf-circumstances for the prohibition order to be recommended without provisions for a ./OFFICIAL_SENSITIVE_SoS_decision_Laurie_Softley_16913_web_decision.pdf-review period. ./OFFICIAL_SENSITIVE_SoS_decision_Laurie_Softley_16913_web_decision.pdf- ./OFFICIAL_SENSITIVE_SoS_decision_Laurie_Softley_16913_web_decision.pdf- -- ./OFFICIAL_SENSITIVE_SoS_decision_Laurie_Softley_16913_web_decision.pdf- o treating pupils with dignity, building relationships rooted in mutual respect, and ./OFFICIAL_SENSITIVE_SoS_decision_Laurie_Softley_16913_web_decision.pdf- at all times observing proper boundaries appropriate to a teacher’s ./OFFICIAL_SENSITIVE_SoS_decision_Laurie_Softley_16913_web_decision.pdf- professional position; ./OFFICIAL_SENSITIVE_SoS_decision_Laurie_Softley_16913_web_decision.pdf- o having regard for the need to safeguard pupils’ well-being, in accordance with ./OFFICIAL_SENSITIVE_SoS_decision_Laurie_Softley_16913_web_decision.pdf- statutory provisions; ./OFFICIAL_SENSITIVE_SoS_decision_Laurie_Softley_16913_web_decision.pdf- • Teachers must have an understanding of, and always act within, the statutory ./OFFICIAL_SENSITIVE_SoS_decision_Laurie_Softley_16913_web_decision.pdf- frameworks which set out their professional duties and responsibilities. ./OFFICIAL_SENSITIVE_SoS_decision_Laurie_Softley_16913_web_decision.pdf-The panel finds that the conduct of Ms Softley fell significantly short of the standards ./OFFICIAL_SENSITIVE_SoS_decision_Laurie_Softley_16913_web_decision.pdf-expected of the profession. ./OFFICIAL_SENSITIVE_SoS_decision_Laurie_Softley_16913_web_decision.pdf- ./OFFICIAL_SENSITIVE_SoS_decision_Laurie_Softley_16913_web_decision.pdf:The findings of misconduct are particularly serious as they include a finding of sexual ./OFFICIAL_SENSITIVE_SoS_decision_Laurie_Softley_16913_web_decision.pdf-misconduct. ./OFFICIAL_SENSITIVE_SoS_decision_Laurie_Softley_16913_web_decision.pdf- ./OFFICIAL_SENSITIVE_SoS_decision_Laurie_Softley_16913_web_decision.pdf-I have to determine whether the imposition of a prohibition order is proportionate and in ./OFFICIAL_SENSITIVE_SoS_decision_Laurie_Softley_16913_web_decision.pdf-the public interest. In considering that for this case, I have considered the overall aim of a ./OFFICIAL_SENSITIVE_SoS_decision_Laurie_Softley_16913_web_decision.pdf-prohibition order which is to protect pupils and to maintain public confidence in the ./OFFICIAL_SENSITIVE_SoS_decision_Laurie_Softley_16913_web_decision.pdf-profession. I have considered the extent to which a prohibition order in this case would ./OFFICIAL_SENSITIVE_SoS_decision_Laurie_Softley_16913_web_decision.pdf-achieve that aim taking into account the impact that it will have on the individual teacher. ./OFFICIAL_SENSITIVE_SoS_decision_Laurie_Softley_16913_web_decision.pdf-I have also asked myself, whether a less intrusive measure, such as the published ./OFFICIAL_SENSITIVE_SoS_decision_Laurie_Softley_16913_web_decision.pdf-finding of unacceptable professional conduct and conduct that may bring the profession ./OFFICIAL_SENSITIVE_SoS_decision_Laurie_Softley_16913_web_decision.pdf-into disrepute, would itself be sufficient to achieve the overall aim. I have to consider -- ./OFFICIAL_SENSITIVE_SoS_decision_Laurie_Softley_16913_web_decision.pdf-In this case, I have considered the extent to which a prohibition order would protect ./OFFICIAL_SENSITIVE_SoS_decision_Laurie_Softley_16913_web_decision.pdf-children. The panel has observed, “ Ms Softley initiated and engaged, on separate ./OFFICIAL_SENSITIVE_SoS_decision_Laurie_Softley_16913_web_decision.pdf:occasions, in sexual activity with both Pupil A and Pupil B” and “Ms Softley's conduct in ./OFFICIAL_SENSITIVE_SoS_decision_Laurie_Softley_16913_web_decision.pdf:engaging in inapproporiate sexual activity was repeated and on each occasion followed a ./OFFICIAL_SENSITIVE_SoS_decision_Laurie_Softley_16913_web_decision.pdf-similar pattern; Moreover, that despite having received a warning for her conduct towards ./OFFICIAL_SENSITIVE_SoS_decision_Laurie_Softley_16913_web_decision.pdf-Pupil A in 2008, Ms Softley went on to act in a similar way in respect of Pupil B.” ./OFFICIAL_SENSITIVE_SoS_decision_Laurie_Softley_16913_web_decision.pdf- ./OFFICIAL_SENSITIVE_SoS_decision_Laurie_Softley_16913_web_decision.pdf-A prohibition order would therefore prevent such a risk from being present in the future. I ./OFFICIAL_SENSITIVE_SoS_decision_Laurie_Softley_16913_web_decision.pdf-have also taken into account the panel’s comments on insight and remorse, which the ./OFFICIAL_SENSITIVE_SoS_decision_Laurie_Softley_16913_web_decision.pdf-panel sets out as follows, “that Ms Softley has not provided any satisfactory evidence of ./OFFICIAL_SENSITIVE_SoS_decision_Laurie_Softley_16913_web_decision.pdf-insight.” ./OFFICIAL_SENSITIVE_SoS_decision_Laurie_Softley_16913_web_decision.pdf- ./OFFICIAL_SENSITIVE_SoS_decision_Laurie_Softley_16913_web_decision.pdf-In my judgement, the lack of insight means that there is some risk of the repetition of this ./OFFICIAL_SENSITIVE_SoS_decision_Laurie_Softley_16913_web_decision.pdf-behaviour and this puts at risk the future well being of pupils. I have therefore given this ./OFFICIAL_SENSITIVE_SoS_decision_Laurie_Softley_16913_web_decision.pdf-element considerable weight in reaching my decision. ./OFFICIAL_SENSITIVE_SoS_decision_Laurie_Softley_16913_web_decision.pdf- ./OFFICIAL_SENSITIVE_SoS_decision_Laurie_Softley_16913_web_decision.pdf-I have gone on to consider the extent to which a prohibition order would maintain public ./OFFICIAL_SENSITIVE_SoS_decision_Laurie_Softley_16913_web_decision.pdf-confidence in the profession. The panel observe, “The findings of misconduct are ./OFFICIAL_SENSITIVE_SoS_decision_Laurie_Softley_16913_web_decision.pdf-serious and the conduct displayed would likely have a negative impact on the individual’s ./OFFICIAL_SENSITIVE_SoS_decision_Laurie_Softley_16913_web_decision.pdf-status as a teacher, potentially damaging the public perception.” ./OFFICIAL_SENSITIVE_SoS_decision_Laurie_Softley_16913_web_decision.pdf- ./OFFICIAL_SENSITIVE_SoS_decision_Laurie_Softley_16913_web_decision.pdf:I am particularly mindful of the finding of sexual misconduct towards pupils in this case ./OFFICIAL_SENSITIVE_SoS_decision_Laurie_Softley_16913_web_decision.pdf-and the impact that such a finding has on the reputation of the profession. ./OFFICIAL_SENSITIVE_SoS_decision_Laurie_Softley_16913_web_decision.pdf- ./OFFICIAL_SENSITIVE_SoS_decision_Laurie_Softley_16913_web_decision.pdf-I have had to consider that the public has a high expectation of professional standards of ./OFFICIAL_SENSITIVE_SoS_decision_Laurie_Softley_16913_web_decision.pdf-all teachers and that the public might regard a failure to impose a prohibition order as a ./OFFICIAL_SENSITIVE_SoS_decision_Laurie_Softley_16913_web_decision.pdf-failure to uphold those high standards. In weighing these considerations, I have had to ./OFFICIAL_SENSITIVE_SoS_decision_Laurie_Softley_16913_web_decision.pdf-consider the matter from the point of view of an “ordinary intelligent and well-informed ./OFFICIAL_SENSITIVE_SoS_decision_Laurie_Softley_16913_web_decision.pdf-citizen.” ./OFFICIAL_SENSITIVE_SoS_decision_Laurie_Softley_16913_web_decision.pdf- ./OFFICIAL_SENSITIVE_SoS_decision_Laurie_Softley_16913_web_decision.pdf-I have considered whether the publication of a finding of unacceptable professional ./OFFICIAL_SENSITIVE_SoS_decision_Laurie_Softley_16913_web_decision.pdf-conduct, in the absence of a prohibition order, can itself be regarded by such a person as -- ./OFFICIAL_SENSITIVE_SoS_decision_Laurie_Softley_16913_web_decision.pdf-I have also placed considerable weight on the finding of the panel that Ms Softley, ./OFFICIAL_SENSITIVE_SoS_decision_Laurie_Softley_16913_web_decision.pdf:“initiated and engaged in sexual activity, on separate occasions, with Pupil A and Pupil ./OFFICIAL_SENSITIVE_SoS_decision_Laurie_Softley_16913_web_decision.pdf-B.” ./OFFICIAL_SENSITIVE_SoS_decision_Laurie_Softley_16913_web_decision.pdf- ./OFFICIAL_SENSITIVE_SoS_decision_Laurie_Softley_16913_web_decision.pdf-I have given less weight in my consideration of sanction therefore, to the contribution that ./OFFICIAL_SENSITIVE_SoS_decision_Laurie_Softley_16913_web_decision.pdf-Ms Softley has made to the profession. In my view, it is necessary to impose a prohibition ./OFFICIAL_SENSITIVE_SoS_decision_Laurie_Softley_16913_web_decision.pdf-order in order to maintain public confidence in the profession. A published decision that is ./OFFICIAL_SENSITIVE_SoS_decision_Laurie_Softley_16913_web_decision.pdf-not backed up by remorse or insight, does not in my view satisfy the public interest ./OFFICIAL_SENSITIVE_SoS_decision_Laurie_Softley_16913_web_decision.pdf-requirement concerning public confidence in the profession. ./OFFICIAL_SENSITIVE_SoS_decision_Laurie_Softley_16913_web_decision.pdf- ./OFFICIAL_SENSITIVE_SoS_decision_Laurie_Softley_16913_web_decision.pdf-For these reasons, I have concluded that a prohibition order is proportionate and in the ./OFFICIAL_SENSITIVE_SoS_decision_Laurie_Softley_16913_web_decision.pdf-public interest in order to achieve the intended aims of a prohibition order. ./OFFICIAL_SENSITIVE_SoS_decision_Laurie_Softley_16913_web_decision.pdf- ./OFFICIAL_SENSITIVE_SoS_decision_Laurie_Softley_16913_web_decision.pdf-I have gone on to consider the matter of a review period. In this case, the panel has ./OFFICIAL_SENSITIVE_SoS_decision_Laurie_Softley_16913_web_decision.pdf-recommended that no provision should be made for a review period. ./OFFICIAL_SENSITIVE_SoS_decision_Laurie_Softley_16913_web_decision.pdf- ./OFFICIAL_SENSITIVE_SoS_decision_Laurie_Softley_16913_web_decision.pdf:I have considered the panel’s comments, “Ms Softley has engaged in sexual activity with ./OFFICIAL_SENSITIVE_SoS_decision_Laurie_Softley_16913_web_decision.pdf-two pupils. This conduct had the potential to cause harm to Pupils A and B and both gave ./OFFICIAL_SENSITIVE_SoS_decision_Laurie_Softley_16913_web_decision.pdf-evidence of the adverse effect it had had upon them.” ./OFFICIAL_SENSITIVE_SoS_decision_Laurie_Softley_16913_web_decision.pdf- ./OFFICIAL_SENSITIVE_SoS_decision_Laurie_Softley_16913_web_decision.pdf-I have considered whether allowing for no review period reflects the seriousness of the ./OFFICIAL_SENSITIVE_SoS_decision_Laurie_Softley_16913_web_decision.pdf-findings and is a proportionate period to achieve the aim of maintaining public confidence ./OFFICIAL_SENSITIVE_SoS_decision_Laurie_Softley_16913_web_decision.pdf-in the profession. In this case, three factors mean that a no review period is necessary to ./OFFICIAL_SENSITIVE_SoS_decision_Laurie_Softley_16913_web_decision.pdf-achieve the aim of maintaining public confidence in the profession. These elements are ./OFFICIAL_SENSITIVE_SoS_decision_Laurie_Softley_16913_web_decision.pdf:the sexual misconduct found, the repeated nature of the offence and the lack of insight. ./OFFICIAL_SENSITIVE_SoS_decision_Laurie_Softley_16913_web_decision.pdf- ./OFFICIAL_SENSITIVE_SoS_decision_Laurie_Softley_16913_web_decision.pdf-I consider therefore that allowing for no review period is necessary to maintain public ./OFFICIAL_SENSITIVE_SoS_decision_Laurie_Softley_16913_web_decision.pdf-confidence and is proportionate and in the public interest. ./OFFICIAL_SENSITIVE_SoS_decision_Laurie_Softley_16913_web_decision.pdf- ./OFFICIAL_SENSITIVE_SoS_decision_Laurie_Softley_16913_web_decision.pdf-This means that Ms Laurie Softley is prohibited from teaching indefinitely and ./OFFICIAL_SENSITIVE_SoS_decision_Laurie_Softley_16913_web_decision.pdf-cannot teach in any school, sixth form college, relevant youth accommodation or ./OFFICIAL_SENSITIVE_SoS_decision_Laurie_Softley_16913_web_decision.pdf-children’s home in England. Furthermore, in view of the seriousness of the allegations ./OFFICIAL_SENSITIVE_SoS_decision_Laurie_Softley_16913_web_decision.pdf-found proved against her, I have decided that Ms Laurie Softley shall not be entitled to ./OFFICIAL_SENSITIVE_SoS_decision_Laurie_Softley_16913_web_decision.pdf-apply for restoration of her eligibility to teach. ./OFFICIAL_SENSITIVE_SoS_decision_Laurie_Softley_16913_web_decision.pdf- ./OFFICIAL_SENSITIVE_SOS_Decision_Mr_David_Norledge_19713_REDACTED.pdf-Mr Norledge ceased working at the School on 18 December 2020 and the School ./OFFICIAL_SENSITIVE_SOS_Decision_Mr_David_Norledge_19713_REDACTED.pdf-referred the matter to the TRA. ./OFFICIAL_SENSITIVE_SOS_Decision_Mr_David_Norledge_19713_REDACTED.pdf- ./OFFICIAL_SENSITIVE_SOS_Decision_Mr_David_Norledge_19713_REDACTED.pdf-A referral was made to the Disclosure and Barring Service (‘DBS’). The DBS decided not ./OFFICIAL_SENSITIVE_SOS_Decision_Mr_David_Norledge_19713_REDACTED.pdf-to place Mr Norledge on the barred lists, but reserved the right to review this decision. ./OFFICIAL_SENSITIVE_SOS_Decision_Mr_David_Norledge_19713_REDACTED.pdf- ./OFFICIAL_SENSITIVE_SOS_Decision_Mr_David_Norledge_19713_REDACTED.pdf-The police did not take any further action against Mr Norledge on the basis that the ./OFFICIAL_SENSITIVE_SOS_Decision_Mr_David_Norledge_19713_REDACTED.pdf-allegation of harassment was not convincing; the former pupil had not told Mr Norledge ./OFFICIAL_SENSITIVE_SOS_Decision_Mr_David_Norledge_19713_REDACTED.pdf-or made it clear to him that the contact was to stop and had instead replied to several ./OFFICIAL_SENSITIVE_SOS_Decision_Mr_David_Norledge_19713_REDACTED.pdf-emails. Furthermore, the police did not deem the content of the emails to be ./OFFICIAL_SENSITIVE_SOS_Decision_Mr_David_Norledge_19713_REDACTED.pdf:inappropriate, sexual or inciting, nor did the former pupil suggest they had caused her ./OFFICIAL_SENSITIVE_SOS_Decision_Mr_David_Norledge_19713_REDACTED.pdf-alarm, harassment or distress. The police informed the presenting officer firm, Fieldfisher ./OFFICIAL_SENSITIVE_SOS_Decision_Mr_David_Norledge_19713_REDACTED.pdf-LLP, that the former pupil did not want to make or pursue a formal complaint and “just ./OFFICIAL_SENSITIVE_SOS_Decision_Mr_David_Norledge_19713_REDACTED.pdf-wanted Mr Norledge speaking to”. ./OFFICIAL_SENSITIVE_SOS_Decision_Mr_David_Norledge_19713_REDACTED.pdf- ./OFFICIAL_SENSITIVE_SOS_Decision_Mr_David_Norledge_19713_REDACTED.pdf-Findings of fact ./OFFICIAL_SENSITIVE_SOS_Decision_Mr_David_Norledge_19713_REDACTED.pdf- ./OFFICIAL_SENSITIVE_SOS_Decision_Mr_David_Norledge_19713_REDACTED.pdf-The findings of fact are as follows: ./OFFICIAL_SENSITIVE_SOS_Decision_Mr_David_Norledge_19713_REDACTED.pdf- ./OFFICIAL_SENSITIVE_SOS_Decision_Mr_David_Norledge_19713_REDACTED.pdf-The panel found the following particulars of the allegations against you proved, for these ./OFFICIAL_SENSITIVE_SOS_Decision_Mr_David_Norledge_19713_REDACTED.pdf-reasons: ./OFFICIAL_SENSITIVE_Sowerby_Ben_Singh_SOS_Decision_-_Redacted__2_.pdf-Teacher: Mr Ben Singh Sowerby ./OFFICIAL_SENSITIVE_Sowerby_Ben_Singh_SOS_Decision_-_Redacted__2_.pdf- ./OFFICIAL_SENSITIVE_Sowerby_Ben_Singh_SOS_Decision_-_Redacted__2_.pdf-Teacher ref number: 1648319 ./OFFICIAL_SENSITIVE_Sowerby_Ben_Singh_SOS_Decision_-_Redacted__2_.pdf- ./OFFICIAL_SENSITIVE_Sowerby_Ben_Singh_SOS_Decision_-_Redacted__2_.pdf-Teacher date of birth: 29 September 1985 ./OFFICIAL_SENSITIVE_Sowerby_Ben_Singh_SOS_Decision_-_Redacted__2_.pdf- ./OFFICIAL_SENSITIVE_Sowerby_Ben_Singh_SOS_Decision_-_Redacted__2_.pdf-TRA reference: 19657 ./OFFICIAL_SENSITIVE_Sowerby_Ben_Singh_SOS_Decision_-_Redacted__2_.pdf- ./OFFICIAL_SENSITIVE_Sowerby_Ben_Singh_SOS_Decision_-_Redacted__2_.pdf-Date of determination: 30 March 2022 ./OFFICIAL_SENSITIVE_Sowerby_Ben_Singh_SOS_Decision_-_Redacted__2_.pdf- ./OFFICIAL_SENSITIVE_Sowerby_Ben_Singh_SOS_Decision_-_Redacted__2_.pdf:Former employer: Corbets Tey School, Essex ./OFFICIAL_SENSITIVE_Sowerby_Ben_Singh_SOS_Decision_-_Redacted__2_.pdf- ./OFFICIAL_SENSITIVE_Sowerby_Ben_Singh_SOS_Decision_-_Redacted__2_.pdf- ./OFFICIAL_SENSITIVE_Sowerby_Ben_Singh_SOS_Decision_-_Redacted__2_.pdf-Introduction ./OFFICIAL_SENSITIVE_Sowerby_Ben_Singh_SOS_Decision_-_Redacted__2_.pdf-A professional conduct panel (‘the panel’) of the Teaching Regulation Agency (‘the TRA’) ./OFFICIAL_SENSITIVE_Sowerby_Ben_Singh_SOS_Decision_-_Redacted__2_.pdf-convened on 13 to 16 December 2021 by way of a virtual hearing, to consider the case of ./OFFICIAL_SENSITIVE_Sowerby_Ben_Singh_SOS_Decision_-_Redacted__2_.pdf-Mr Ben Sowerby. The panel convened privately on 23 December 2021 and 4 January ./OFFICIAL_SENSITIVE_Sowerby_Ben_Singh_SOS_Decision_-_Redacted__2_.pdf-2022 to further deliberate its decision. The hearing reconvened on 30 March 2022. ./OFFICIAL_SENSITIVE_Sowerby_Ben_Singh_SOS_Decision_-_Redacted__2_.pdf- ./OFFICIAL_SENSITIVE_Sowerby_Ben_Singh_SOS_Decision_-_Redacted__2_.pdf-The panel members were Ms Susan Humble (lay panellist – in the chair), Mr Alan Wells ./OFFICIAL_SENSITIVE_Sowerby_Ben_Singh_SOS_Decision_-_Redacted__2_.pdf-(former teacher panellist) and Mr John Martin (teacher panellist). ./OFFICIAL_SENSITIVE_S_of_S_decision_-_Houghton_C__NON-RESTRICTED_.pdf- was in fact pre-booked ./OFFICIAL_SENSITIVE_S_of_S_decision_-_Houghton_C__NON-RESTRICTED_.pdf- ./OFFICIAL_SENSITIVE_S_of_S_decision_-_Houghton_C__NON-RESTRICTED_.pdf- 3. In so doing as may be found proven at allegation 1 above, he: ./OFFICIAL_SENSITIVE_S_of_S_decision_-_Houghton_C__NON-RESTRICTED_.pdf- ./OFFICIAL_SENSITIVE_S_of_S_decision_-_Houghton_C__NON-RESTRICTED_.pdf- a. disregarded management advice given on: ./OFFICIAL_SENSITIVE_S_of_S_decision_-_Houghton_C__NON-RESTRICTED_.pdf- ./OFFICIAL_SENSITIVE_S_of_S_decision_-_Houghton_C__NON-RESTRICTED_.pdf- i. 10 March 2016 ./OFFICIAL_SENSITIVE_S_of_S_decision_-_Houghton_C__NON-RESTRICTED_.pdf- ./OFFICIAL_SENSITIVE_S_of_S_decision_-_Houghton_C__NON-RESTRICTED_.pdf- ii. 7 December 2016 ./OFFICIAL_SENSITIVE_S_of_S_decision_-_Houghton_C__NON-RESTRICTED_.pdf- ./OFFICIAL_SENSITIVE_S_of_S_decision_-_Houghton_C__NON-RESTRICTED_.pdf: b. was sexually motivated ./OFFICIAL_SENSITIVE_S_of_S_decision_-_Houghton_C__NON-RESTRICTED_.pdf- ./OFFICIAL_SENSITIVE_S_of_S_decision_-_Houghton_C__NON-RESTRICTED_.pdf- 4. In so doing as may be found proven at allegation 2, he was dishonest. ./OFFICIAL_SENSITIVE_S_of_S_decision_-_Houghton_C__NON-RESTRICTED_.pdf- ./OFFICIAL_SENSITIVE_S_of_S_decision_-_Houghton_C__NON-RESTRICTED_.pdf-Mr Houghton has admitted the facts of allegations 1, 2, 3 and 4 and that they amount to ./OFFICIAL_SENSITIVE_S_of_S_decision_-_Houghton_C__NON-RESTRICTED_.pdf-unacceptable professional conduct and/or conduct that may bring the profession into ./OFFICIAL_SENSITIVE_S_of_S_decision_-_Houghton_C__NON-RESTRICTED_.pdf-disrepute. ./OFFICIAL_SENSITIVE_S_of_S_decision_-_Houghton_C__NON-RESTRICTED_.pdf- ./OFFICIAL_SENSITIVE_S_of_S_decision_-_Houghton_C__NON-RESTRICTED_.pdf- ./OFFICIAL_SENSITIVE_S_of_S_decision_-_Houghton_C__NON-RESTRICTED_.pdf-C. Preliminary applications ./OFFICIAL_SENSITIVE_S_of_S_decision_-_Houghton_C__NON-RESTRICTED_.pdf-There were no preliminary applications. -- ./OFFICIAL_SENSITIVE_S_of_S_decision_-_Houghton_C__NON-RESTRICTED_.pdf-E. Decision and reasons ./OFFICIAL_SENSITIVE_S_of_S_decision_-_Houghton_C__NON-RESTRICTED_.pdf-The panel announced its decision and reasons as follows: ./OFFICIAL_SENSITIVE_S_of_S_decision_-_Houghton_C__NON-RESTRICTED_.pdf- ./OFFICIAL_SENSITIVE_S_of_S_decision_-_Houghton_C__NON-RESTRICTED_.pdf-The panel has carefully considered the case and reached a decision. ./OFFICIAL_SENSITIVE_S_of_S_decision_-_Houghton_C__NON-RESTRICTED_.pdf- ./OFFICIAL_SENSITIVE_S_of_S_decision_-_Houghton_C__NON-RESTRICTED_.pdf-In advance of the meeting, the National College agreed to a request from Mr Houghton ./OFFICIAL_SENSITIVE_S_of_S_decision_-_Houghton_C__NON-RESTRICTED_.pdf-that the allegations be considered without a hearing. The panel has the ability to direct ./OFFICIAL_SENSITIVE_S_of_S_decision_-_Houghton_C__NON-RESTRICTED_.pdf-that the case be considered at a hearing if required in the interests of justice or in the ./OFFICIAL_SENSITIVE_S_of_S_decision_-_Houghton_C__NON-RESTRICTED_.pdf-public interest. The panel noted that in statements made by Mr Houghton prior to his ./OFFICIAL_SENSITIVE_S_of_S_decision_-_Houghton_C__NON-RESTRICTED_.pdf-signing the Statement of Agreed Facts prepared for this meeting, he did not accept the ./OFFICIAL_SENSITIVE_S_of_S_decision_-_Houghton_C__NON-RESTRICTED_.pdf:totality of the allegations, in particular, the allegation of sexual motivation. The panel ./OFFICIAL_SENSITIVE_S_of_S_decision_-_Houghton_C__NON-RESTRICTED_.pdf-placed weight on the teacher’s clear acceptance of the allegations, including that of ./OFFICIAL_SENSITIVE_S_of_S_decision_-_Houghton_C__NON-RESTRICTED_.pdf:sexual motivation within the Statement of Agreed Facts. The panel did not therefore ./OFFICIAL_SENSITIVE_S_of_S_decision_-_Houghton_C__NON-RESTRICTED_.pdf-determine that a hearing was necessary or appropriate in this case. ./OFFICIAL_SENSITIVE_S_of_S_decision_-_Houghton_C__NON-RESTRICTED_.pdf- ./OFFICIAL_SENSITIVE_S_of_S_decision_-_Houghton_C__NON-RESTRICTED_.pdf-Mr Houghton had been employed at the School as a teacher in business studies from 1 ./OFFICIAL_SENSITIVE_S_of_S_decision_-_Houghton_C__NON-RESTRICTED_.pdf-September 2002. During the course of the academic year 2016/2017, [redacted]. As a ./OFFICIAL_SENSITIVE_S_of_S_decision_-_Houghton_C__NON-RESTRICTED_.pdf-result of this both Pupil A and Pupil A’s mother relied on additional support from Mr ./OFFICIAL_SENSITIVE_S_of_S_decision_-_Houghton_C__NON-RESTRICTED_.pdf-Houghton. It is alleged that Mr Houghton had inappropriate contact with Pupil A, through ./OFFICIAL_SENSITIVE_S_of_S_decision_-_Houghton_C__NON-RESTRICTED_.pdf-exchanging text messages on his personal phone over a period of time and booking a ./OFFICIAL_SENSITIVE_S_of_S_decision_-_Houghton_C__NON-RESTRICTED_.pdf- ./OFFICIAL_SENSITIVE_S_of_S_decision_-_Houghton_C__NON-RESTRICTED_.pdf- ./OFFICIAL_SENSITIVE_S_of_S_decision_-_Houghton_C__NON-RESTRICTED_.pdf- 5 -- ./OFFICIAL_SENSITIVE_S_of_S_decision_-_Houghton_C__NON-RESTRICTED_.pdf-13 November 2017. ./OFFICIAL_SENSITIVE_S_of_S_decision_-_Houghton_C__NON-RESTRICTED_.pdf- ./OFFICIAL_SENSITIVE_S_of_S_decision_-_Houghton_C__NON-RESTRICTED_.pdf-The panel saw evidence of two management advice letters addressed to Mr Houghton ./OFFICIAL_SENSITIVE_S_of_S_decision_-_Houghton_C__NON-RESTRICTED_.pdf-each specifically reminding him of the proper professional boundaries that should be ./OFFICIAL_SENSITIVE_S_of_S_decision_-_Houghton_C__NON-RESTRICTED_.pdf-maintained with Pupil A. His admitted actions following receipt of those letters were ./OFFICIAL_SENSITIVE_S_of_S_decision_-_Houghton_C__NON-RESTRICTED_.pdf-contrary to that advice. ./OFFICIAL_SENSITIVE_S_of_S_decision_-_Houghton_C__NON-RESTRICTED_.pdf- ./OFFICIAL_SENSITIVE_S_of_S_decision_-_Houghton_C__NON-RESTRICTED_.pdf-The panel found that Mr Houghton’s admissions were consistent with the evidence and ./OFFICIAL_SENSITIVE_S_of_S_decision_-_Houghton_C__NON-RESTRICTED_.pdf-therefore found allegation 3.a. proven. ./OFFICIAL_SENSITIVE_S_of_S_decision_-_Houghton_C__NON-RESTRICTED_.pdf- ./OFFICIAL_SENSITIVE_S_of_S_decision_-_Houghton_C__NON-RESTRICTED_.pdf: b. were sexually motivated ./OFFICIAL_SENSITIVE_S_of_S_decision_-_Houghton_C__NON-RESTRICTED_.pdf- ./OFFICIAL_SENSITIVE_S_of_S_decision_-_Houghton_C__NON-RESTRICTED_.pdf-The panel considered whether on the balance of probabilities reasonable persons would ./OFFICIAL_SENSITIVE_S_of_S_decision_-_Houghton_C__NON-RESTRICTED_.pdf:think the words and actions found proven could be sexual. The panel then considered ./OFFICIAL_SENSITIVE_S_of_S_decision_-_Houghton_C__NON-RESTRICTED_.pdf-whether, in all the circumstances of the conduct in the case, it was more likely than not ./OFFICIAL_SENSITIVE_S_of_S_decision_-_Houghton_C__NON-RESTRICTED_.pdf:that the teacher’s purpose of such words and actions was sexual. ./OFFICIAL_SENSITIVE_S_of_S_decision_-_Houghton_C__NON-RESTRICTED_.pdf- ./OFFICIAL_SENSITIVE_S_of_S_decision_-_Houghton_C__NON-RESTRICTED_.pdf:The panel considered whether, even in the absence of any direct evidence, sexual ./OFFICIAL_SENSITIVE_S_of_S_decision_-_Houghton_C__NON-RESTRICTED_.pdf-motivation should be inferred from all the circumstances of the case. The panel had in ./OFFICIAL_SENSITIVE_S_of_S_decision_-_Houghton_C__NON-RESTRICTED_.pdf-mind the evidence of the teacher’s character and considered whether such evidence had ./OFFICIAL_SENSITIVE_S_of_S_decision_-_Houghton_C__NON-RESTRICTED_.pdf-any bearing on the teacher’s credibility or propensity to have carried out the alleged facts ./OFFICIAL_SENSITIVE_S_of_S_decision_-_Houghton_C__NON-RESTRICTED_.pdf-or to the circumstances in which the teacher found himself. ./OFFICIAL_SENSITIVE_S_of_S_decision_-_Houghton_C__NON-RESTRICTED_.pdf- ./OFFICIAL_SENSITIVE_S_of_S_decision_-_Houghton_C__NON-RESTRICTED_.pdf:The panel noted that Mr Houghton initially denied sexual motivation, but subsequently ./OFFICIAL_SENSITIVE_S_of_S_decision_-_Houghton_C__NON-RESTRICTED_.pdf-admitted it within the Statement of Agreed Facts dated 13 November 2017. ./OFFICIAL_SENSITIVE_S_of_S_decision_-_Houghton_C__NON-RESTRICTED_.pdf- ./OFFICIAL_SENSITIVE_S_of_S_decision_-_Houghton_C__NON-RESTRICTED_.pdf-As set out above, the panel considered that allegation 1 was proven. ./OFFICIAL_SENSITIVE_S_of_S_decision_-_Houghton_C__NON-RESTRICTED_.pdf- ./OFFICIAL_SENSITIVE_S_of_S_decision_-_Houghton_C__NON-RESTRICTED_.pdf-Mr Houghton stated his motivation for maintaining contact with Pupil A by text message ./OFFICIAL_SENSITIVE_S_of_S_decision_-_Houghton_C__NON-RESTRICTED_.pdf-was to provide pastoral support. As the panel had not seen any evidence of the content ./OFFICIAL_SENSITIVE_S_of_S_decision_-_Houghton_C__NON-RESTRICTED_.pdf-of the text messages between Mr Houghton and Pupil A, it did not consider on the ./OFFICIAL_SENSITIVE_S_of_S_decision_-_Houghton_C__NON-RESTRICTED_.pdf:balance of probabilities that sexual motivation was proven in relation to allegation 1.a. ./OFFICIAL_SENSITIVE_S_of_S_decision_-_Houghton_C__NON-RESTRICTED_.pdf- ./OFFICIAL_SENSITIVE_S_of_S_decision_-_Houghton_C__NON-RESTRICTED_.pdf:On the balance of probabilities, the panel found sexual motivation proven in respect of ./OFFICIAL_SENSITIVE_S_of_S_decision_-_Houghton_C__NON-RESTRICTED_.pdf-allegation 1.b. ./OFFICIAL_SENSITIVE_S_of_S_decision_-_Houghton_C__NON-RESTRICTED_.pdf- ./OFFICIAL_SENSITIVE_S_of_S_decision_-_Houghton_C__NON-RESTRICTED_.pdf- 4. In so doing as may be found proven at allegation 2, you were dishonest. ./OFFICIAL_SENSITIVE_S_of_S_decision_-_Houghton_C__NON-RESTRICTED_.pdf- ./OFFICIAL_SENSITIVE_S_of_S_decision_-_Houghton_C__NON-RESTRICTED_.pdf-This allegation was admitted by Mr Houghton within the Statement of Agreed Facts dated ./OFFICIAL_SENSITIVE_S_of_S_decision_-_Houghton_C__NON-RESTRICTED_.pdf-13 November 2017. ./OFFICIAL_SENSITIVE_S_of_S_decision_-_Houghton_C__NON-RESTRICTED_.pdf- ./OFFICIAL_SENSITIVE_S_of_S_decision_-_Houghton_C__NON-RESTRICTED_.pdf-This admission was consistent with evidence from the School’s investigation that Mr ./OFFICIAL_SENSITIVE_S_of_S_decision_-_Houghton_C__NON-RESTRICTED_.pdf-Houghton had repeatedly concealed inappropriate contact with Pupil A. ./OFFICIAL_SENSITIVE_S_of_S_decision_-_Houghton_C__NON-RESTRICTED_.pdf- -- ./OFFICIAL_SENSITIVE_S_of_S_decision_-_Houghton_C__NON-RESTRICTED_.pdf- statutory provisions; ./OFFICIAL_SENSITIVE_S_of_S_decision_-_Houghton_C__NON-RESTRICTED_.pdf-  Teachers must have proper and professional regard for the ethos, policies and ./OFFICIAL_SENSITIVE_S_of_S_decision_-_Houghton_C__NON-RESTRICTED_.pdf- practices of the school in which they teach. ./OFFICIAL_SENSITIVE_S_of_S_decision_-_Houghton_C__NON-RESTRICTED_.pdf-  Teachers must have an understanding of, and always act within, the statutory ./OFFICIAL_SENSITIVE_S_of_S_decision_-_Houghton_C__NON-RESTRICTED_.pdf- frameworks which set out their professional duties and responsibilities. ./OFFICIAL_SENSITIVE_S_of_S_decision_-_Houghton_C__NON-RESTRICTED_.pdf-The panel is satisfied that the conduct of Mr Houghton amounts to misconduct of a ./OFFICIAL_SENSITIVE_S_of_S_decision_-_Houghton_C__NON-RESTRICTED_.pdf-serious nature which fell significantly short of the standards expected of the profession. ./OFFICIAL_SENSITIVE_S_of_S_decision_-_Houghton_C__NON-RESTRICTED_.pdf- ./OFFICIAL_SENSITIVE_S_of_S_decision_-_Houghton_C__NON-RESTRICTED_.pdf-The panel has also considered whether Mr Houghton’s conduct displayed behaviours ./OFFICIAL_SENSITIVE_S_of_S_decision_-_Houghton_C__NON-RESTRICTED_.pdf-associated with any of the offences listed on pages 8 and 9 of the Advice and the panel ./OFFICIAL_SENSITIVE_S_of_S_decision_-_Houghton_C__NON-RESTRICTED_.pdf:has found that the offences of serious dishonesty and sexual activity are relevant. ./OFFICIAL_SENSITIVE_S_of_S_decision_-_Houghton_C__NON-RESTRICTED_.pdf- ./OFFICIAL_SENSITIVE_S_of_S_decision_-_Houghton_C__NON-RESTRICTED_.pdf-The Advice indicates that where behaviours associated with such an offence exist, a ./OFFICIAL_SENSITIVE_S_of_S_decision_-_Houghton_C__NON-RESTRICTED_.pdf-panel is likely to conclude that an individual’s conduct would amount to unacceptable ./OFFICIAL_SENSITIVE_S_of_S_decision_-_Houghton_C__NON-RESTRICTED_.pdf-professional conduct. ./OFFICIAL_SENSITIVE_S_of_S_decision_-_Houghton_C__NON-RESTRICTED_.pdf- ./OFFICIAL_SENSITIVE_S_of_S_decision_-_Houghton_C__NON-RESTRICTED_.pdf- ./OFFICIAL_SENSITIVE_S_of_S_decision_-_Houghton_C__NON-RESTRICTED_.pdf- ./OFFICIAL_SENSITIVE_S_of_S_decision_-_Houghton_C__NON-RESTRICTED_.pdf- ./OFFICIAL_SENSITIVE_S_of_S_decision_-_Houghton_C__NON-RESTRICTED_.pdf- 9 ./OFFICIAL_SENSITIVE_S_of_S_decision_-_Houghton_C__NON-RESTRICTED_.pdf- -- ./OFFICIAL_SENSITIVE_S_of_S_decision_-_Houghton_C__NON-RESTRICTED_.pdf-In the list of such behaviours, those that are relevant in this case are: ./OFFICIAL_SENSITIVE_S_of_S_decision_-_Houghton_C__NON-RESTRICTED_.pdf- ./OFFICIAL_SENSITIVE_S_of_S_decision_-_Houghton_C__NON-RESTRICTED_.pdf-  serious departure from the personal and professional conduct elements of the ./OFFICIAL_SENSITIVE_S_of_S_decision_-_Houghton_C__NON-RESTRICTED_.pdf- Teachers’ Standards; ./OFFICIAL_SENSITIVE_S_of_S_decision_-_Houghton_C__NON-RESTRICTED_.pdf-  misconduct seriously affecting the education and/or well-being of pupils, and ./OFFICIAL_SENSITIVE_S_of_S_decision_-_Houghton_C__NON-RESTRICTED_.pdf- particularly where there is a continuing risk; ./OFFICIAL_SENSITIVE_S_of_S_decision_-_Houghton_C__NON-RESTRICTED_.pdf-  abuse of position or trust (particularly involving vulnerable pupils) or violation of the ./OFFICIAL_SENSITIVE_S_of_S_decision_-_Houghton_C__NON-RESTRICTED_.pdf- rights of pupils; ./OFFICIAL_SENSITIVE_S_of_S_decision_-_Houghton_C__NON-RESTRICTED_.pdf-  dishonesty especially where there have been serious consequences, and/or it has ./OFFICIAL_SENSITIVE_S_of_S_decision_-_Houghton_C__NON-RESTRICTED_.pdf- been repeated and/or covered up; ./OFFICIAL_SENSITIVE_S_of_S_decision_-_Houghton_C__NON-RESTRICTED_.pdf:  sexual misconduct, e.g. involving actions that were sexually motivated or of a ./OFFICIAL_SENSITIVE_S_of_S_decision_-_Houghton_C__NON-RESTRICTED_.pdf: sexual nature and/or that use or exploit the trust, knowledge or influence derived ./OFFICIAL_SENSITIVE_S_of_S_decision_-_Houghton_C__NON-RESTRICTED_.pdf- from the individual’s professional position. ./OFFICIAL_SENSITIVE_S_of_S_decision_-_Houghton_C__NON-RESTRICTED_.pdf-Even though there were behaviours that would point to the appropriateness of a ./OFFICIAL_SENSITIVE_S_of_S_decision_-_Houghton_C__NON-RESTRICTED_.pdf-prohibition order, the panel went on to consider whether or not there were sufficient ./OFFICIAL_SENSITIVE_S_of_S_decision_-_Houghton_C__NON-RESTRICTED_.pdf-mitigating factors to militate against the appropriateness and proportionality of a ./OFFICIAL_SENSITIVE_S_of_S_decision_-_Houghton_C__NON-RESTRICTED_.pdf-prohibition order, particularly taking into account the nature and severity of the behaviour ./OFFICIAL_SENSITIVE_S_of_S_decision_-_Houghton_C__NON-RESTRICTED_.pdf-in this case. ./OFFICIAL_SENSITIVE_S_of_S_decision_-_Houghton_C__NON-RESTRICTED_.pdf- ./OFFICIAL_SENSITIVE_S_of_S_decision_-_Houghton_C__NON-RESTRICTED_.pdf-The panel considered that Mr Houghton’s actions were deliberate. Whilst it ./OFFICIAL_SENSITIVE_S_of_S_decision_-_Houghton_C__NON-RESTRICTED_.pdf-acknowledged that there was some evidence that he was [redacted] at the time of the ./OFFICIAL_SENSITIVE_S_of_S_decision_-_Houghton_C__NON-RESTRICTED_.pdf-School’s investigation, there was no evidence to suggest he was acting under duress at -- ./OFFICIAL_SENSITIVE_S_of_S_decision_-_Houghton_C__NON-RESTRICTED_.pdf-Houghton. Accordingly, the panel makes a recommendation to the Secretary of State that ./OFFICIAL_SENSITIVE_S_of_S_decision_-_Houghton_C__NON-RESTRICTED_.pdf-a prohibition order should be imposed with immediate effect. ./OFFICIAL_SENSITIVE_S_of_S_decision_-_Houghton_C__NON-RESTRICTED_.pdf- ./OFFICIAL_SENSITIVE_S_of_S_decision_-_Houghton_C__NON-RESTRICTED_.pdf-The panel went on to consider whether or not it would be appropriate to recommend a ./OFFICIAL_SENSITIVE_S_of_S_decision_-_Houghton_C__NON-RESTRICTED_.pdf-review period. The Advice states that a prohibition order applies for life, but there may be ./OFFICIAL_SENSITIVE_S_of_S_decision_-_Houghton_C__NON-RESTRICTED_.pdf-circumstances in any given case that may make it appropriate to allow a teacher to apply ./OFFICIAL_SENSITIVE_S_of_S_decision_-_Houghton_C__NON-RESTRICTED_.pdf-to have the prohibition order reviewed after a specified period of time that may not be ./OFFICIAL_SENSITIVE_S_of_S_decision_-_Houghton_C__NON-RESTRICTED_.pdf-less than 2 years. ./OFFICIAL_SENSITIVE_S_of_S_decision_-_Houghton_C__NON-RESTRICTED_.pdf- ./OFFICIAL_SENSITIVE_S_of_S_decision_-_Houghton_C__NON-RESTRICTED_.pdf-The Advice indicates that there are behaviours that, if proven, would militate against the ./OFFICIAL_SENSITIVE_S_of_S_decision_-_Houghton_C__NON-RESTRICTED_.pdf:recommendation of a review period, including serious dishonesty and serious sexual ./OFFICIAL_SENSITIVE_S_of_S_decision_-_Houghton_C__NON-RESTRICTED_.pdf-misconduct. The panel considered that these behaviours were both present. ./OFFICIAL_SENSITIVE_S_of_S_decision_-_Houghton_C__NON-RESTRICTED_.pdf- ./OFFICIAL_SENSITIVE_S_of_S_decision_-_Houghton_C__NON-RESTRICTED_.pdf-The panel found that Mr Houghton showed a lack of insight into his actions. In particular, ./OFFICIAL_SENSITIVE_S_of_S_decision_-_Houghton_C__NON-RESTRICTED_.pdf-the panel considered Mr Houghton’s statement that “I know that I failed to follow the ./OFFICIAL_SENSITIVE_S_of_S_decision_-_Houghton_C__NON-RESTRICTED_.pdf-correct procedures but my genuine concern was that, should I have done so, I wouldn’t ./OFFICIAL_SENSITIVE_S_of_S_decision_-_Houghton_C__NON-RESTRICTED_.pdf-have been able to provide the kind of help that the student needed. She relied on me ./OFFICIAL_SENSITIVE_S_of_S_decision_-_Houghton_C__NON-RESTRICTED_.pdf-entirely and consequently I felt an obligation to help her in any way I could. Even knowing ./OFFICIAL_SENSITIVE_S_of_S_decision_-_Houghton_C__NON-RESTRICTED_.pdf-what was at stake I felt I had to help this young person in the way I did when she was in ./OFFICIAL_SENSITIVE_S_of_S_decision_-_Houghton_C__NON-RESTRICTED_.pdf-desperate need. Should I have spoken to the safeguarding officer about this I would not ./OFFICIAL_SENSITIVE_S_of_S_decision_-_Houghton_C__NON-RESTRICTED_.pdf-have been able to provide this help.” ./OFFICIAL_SENSITIVE_S_of_S_decision_-_Houghton_C__NON-RESTRICTED_.pdf- ./OFFICIAL_SENSITIVE_S_of_S_decision_-_Houghton_C__NON-RESTRICTED_.pdf:The panel considered that in the light of his admission of sexual motivation this statement ./OFFICIAL_SENSITIVE_S_of_S_decision_-_Houghton_C__NON-RESTRICTED_.pdf-was inaccurate and also demonstrated his continued belief that his judgment superseded ./OFFICIAL_SENSITIVE_S_of_S_decision_-_Houghton_C__NON-RESTRICTED_.pdf-the well documented safeguarding policies and procedures which govern the teaching ./OFFICIAL_SENSITIVE_S_of_S_decision_-_Houghton_C__NON-RESTRICTED_.pdf-profession. The panel felt there was a continuing risk that this behaviour could be ./OFFICIAL_SENSITIVE_S_of_S_decision_-_Houghton_C__NON-RESTRICTED_.pdf-repeated. ./OFFICIAL_SENSITIVE_S_of_S_decision_-_Houghton_C__NON-RESTRICTED_.pdf- ./OFFICIAL_SENSITIVE_S_of_S_decision_-_Houghton_C__NON-RESTRICTED_.pdf-The panel was therefore satisfied that a review period would not be appropriate and as ./OFFICIAL_SENSITIVE_S_of_S_decision_-_Houghton_C__NON-RESTRICTED_.pdf-such decided that it would be proportionate in all the circumstances for the prohibition ./OFFICIAL_SENSITIVE_S_of_S_decision_-_Houghton_C__NON-RESTRICTED_.pdf-order to be recommended without provision for a review period. ./OFFICIAL_SENSITIVE_S_of_S_decision_-_Houghton_C__NON-RESTRICTED_.pdf- ./OFFICIAL_SENSITIVE_S_of_S_decision_-_Houghton_C__NON-RESTRICTED_.pdf- -- ./OFFICIAL_SENSITIVE_S_of_S_decision_-_Houghton_C__NON-RESTRICTED_.pdf- statutory provisions; ./OFFICIAL_SENSITIVE_S_of_S_decision_-_Houghton_C__NON-RESTRICTED_.pdf-  Teachers must have proper and professional regard for the ethos, policies and ./OFFICIAL_SENSITIVE_S_of_S_decision_-_Houghton_C__NON-RESTRICTED_.pdf- practices of the school in which they teach. ./OFFICIAL_SENSITIVE_S_of_S_decision_-_Houghton_C__NON-RESTRICTED_.pdf-  Teachers must have an understanding of, and always act within, the statutory ./OFFICIAL_SENSITIVE_S_of_S_decision_-_Houghton_C__NON-RESTRICTED_.pdf- frameworks which set out their professional duties and responsibilities. ./OFFICIAL_SENSITIVE_S_of_S_decision_-_Houghton_C__NON-RESTRICTED_.pdf-The panel is also satisfied that the conduct of Mr Houghton amounts to misconduct of a ./OFFICIAL_SENSITIVE_S_of_S_decision_-_Houghton_C__NON-RESTRICTED_.pdf-serious nature which fell significantly short of the standards expected of the profession. ./OFFICIAL_SENSITIVE_S_of_S_decision_-_Houghton_C__NON-RESTRICTED_.pdf- ./OFFICIAL_SENSITIVE_S_of_S_decision_-_Houghton_C__NON-RESTRICTED_.pdf-The panel has also considered whether Mr Houghton’s conduct displayed behaviours ./OFFICIAL_SENSITIVE_S_of_S_decision_-_Houghton_C__NON-RESTRICTED_.pdf-associated with any of the offences listed on pages 8 and 9 of the Advice and the panel ./OFFICIAL_SENSITIVE_S_of_S_decision_-_Houghton_C__NON-RESTRICTED_.pdf:has found that the offences of serious dishonesty and sexual activity are relevant. ./OFFICIAL_SENSITIVE_S_of_S_decision_-_Houghton_C__NON-RESTRICTED_.pdf- ./OFFICIAL_SENSITIVE_S_of_S_decision_-_Houghton_C__NON-RESTRICTED_.pdf-The findings of misconduct are particularly serious as they include both a finding of ./OFFICIAL_SENSITIVE_S_of_S_decision_-_Houghton_C__NON-RESTRICTED_.pdf:serious dishonesty and a finding of sexual activity. ./OFFICIAL_SENSITIVE_S_of_S_decision_-_Houghton_C__NON-RESTRICTED_.pdf- ./OFFICIAL_SENSITIVE_S_of_S_decision_-_Houghton_C__NON-RESTRICTED_.pdf-I have to determine whether the imposition of a prohibition order is proportionate and in ./OFFICIAL_SENSITIVE_S_of_S_decision_-_Houghton_C__NON-RESTRICTED_.pdf-the public interest. In considering that for this case I have considered the overall aim of a ./OFFICIAL_SENSITIVE_S_of_S_decision_-_Houghton_C__NON-RESTRICTED_.pdf-prohibition order which is to protect pupils and to maintain public confidence in the ./OFFICIAL_SENSITIVE_S_of_S_decision_-_Houghton_C__NON-RESTRICTED_.pdf-profession. I have considered the extent to which a prohibition order in this case would ./OFFICIAL_SENSITIVE_S_of_S_decision_-_Houghton_C__NON-RESTRICTED_.pdf-achieve that aim taking into account the impact that it will have on the individual teacher. ./OFFICIAL_SENSITIVE_S_of_S_decision_-_Houghton_C__NON-RESTRICTED_.pdf-I have also asked myself whether or not a less intrusive measure, such as the published ./OFFICIAL_SENSITIVE_S_of_S_decision_-_Houghton_C__NON-RESTRICTED_.pdf-finding of unacceptable professional conduct and conduct that may bring the profession ./OFFICIAL_SENSITIVE_S_of_S_decision_-_Houghton_C__NON-RESTRICTED_.pdf-into disrepute, would itself be sufficient to achieve the overall aim. I have to consider ./OFFICIAL_SENSITIVE_S_of_S_decision_-_Houghton_C__NON-RESTRICTED_.pdf-whether the consequences of such a publication are themselves sufficient. I have -- ./OFFICIAL_SENSITIVE_S_of_S_decision_-_Houghton_C__NON-RESTRICTED_.pdf-that this behaviour could be repeated.” ./OFFICIAL_SENSITIVE_S_of_S_decision_-_Houghton_C__NON-RESTRICTED_.pdf- ./OFFICIAL_SENSITIVE_S_of_S_decision_-_Houghton_C__NON-RESTRICTED_.pdf-In my judgement the lack of insight means that there is some risk of the repetition of this ./OFFICIAL_SENSITIVE_S_of_S_decision_-_Houghton_C__NON-RESTRICTED_.pdf-behaviour and this risks the future well-being of pupils. I have therefore given this ./OFFICIAL_SENSITIVE_S_of_S_decision_-_Houghton_C__NON-RESTRICTED_.pdf-element considerable weight in reaching my decision. ./OFFICIAL_SENSITIVE_S_of_S_decision_-_Houghton_C__NON-RESTRICTED_.pdf- ./OFFICIAL_SENSITIVE_S_of_S_decision_-_Houghton_C__NON-RESTRICTED_.pdf-I have gone on to consider the extent to which a prohibition order would maintain public ./OFFICIAL_SENSITIVE_S_of_S_decision_-_Houghton_C__NON-RESTRICTED_.pdf-confidence in the profession. The panel observe, “that public confidence in the profession ./OFFICIAL_SENSITIVE_S_of_S_decision_-_Houghton_C__NON-RESTRICTED_.pdf-could be seriously weakened if conduct such as that found against Mr Houghton were not ./OFFICIAL_SENSITIVE_S_of_S_decision_-_Houghton_C__NON-RESTRICTED_.pdf-treated with the utmost seriousness when regulating the conduct of the profession. I am ./OFFICIAL_SENSITIVE_S_of_S_decision_-_Houghton_C__NON-RESTRICTED_.pdf:particularly mindful of the finding of serious dishonesty and sexual misconduct in this ./OFFICIAL_SENSITIVE_S_of_S_decision_-_Houghton_C__NON-RESTRICTED_.pdf-case and the impact that such a finding has on the reputation of the profession. ./OFFICIAL_SENSITIVE_S_of_S_decision_-_Houghton_C__NON-RESTRICTED_.pdf- ./OFFICIAL_SENSITIVE_S_of_S_decision_-_Houghton_C__NON-RESTRICTED_.pdf-I have had to consider that the public has a high expectation of professional standards of ./OFFICIAL_SENSITIVE_S_of_S_decision_-_Houghton_C__NON-RESTRICTED_.pdf-all teachers and that failure to impose a prohibition order might be regarded by the public ./OFFICIAL_SENSITIVE_S_of_S_decision_-_Houghton_C__NON-RESTRICTED_.pdf-as a failure to uphold those high standards. In weighing these considerations I have had ./OFFICIAL_SENSITIVE_S_of_S_decision_-_Houghton_C__NON-RESTRICTED_.pdf-to consider the matter from the point of view of an “ordinary intelligent and well-informed ./OFFICIAL_SENSITIVE_S_of_S_decision_-_Houghton_C__NON-RESTRICTED_.pdf-citizen.” ./OFFICIAL_SENSITIVE_S_of_S_decision_-_Houghton_C__NON-RESTRICTED_.pdf- ./OFFICIAL_SENSITIVE_S_of_S_decision_-_Houghton_C__NON-RESTRICTED_.pdf-I have considered whether the publication of a finding of unacceptable professional ./OFFICIAL_SENSITIVE_S_of_S_decision_-_Houghton_C__NON-RESTRICTED_.pdf-conduct, in the absence of a prohibition order, can itself be regarded by such a person as -- ./OFFICIAL_SENSITIVE_S_of_S_decision_-_Houghton_C__NON-RESTRICTED_.pdf-panel observe, “Mr Houghton was considered to be an enthusiastic and effective ./OFFICIAL_SENSITIVE_S_of_S_decision_-_Houghton_C__NON-RESTRICTED_.pdf-classroom teacher who had achieved good results with pupils of all abilities.” ./OFFICIAL_SENSITIVE_S_of_S_decision_-_Houghton_C__NON-RESTRICTED_.pdf- ./OFFICIAL_SENSITIVE_S_of_S_decision_-_Houghton_C__NON-RESTRICTED_.pdf-A prohibition order would prevent Mr Houghton from teaching and would also clearly ./OFFICIAL_SENSITIVE_S_of_S_decision_-_Houghton_C__NON-RESTRICTED_.pdf-deprive the public of his contribution to the profession for the period that it is in force. ./OFFICIAL_SENSITIVE_S_of_S_decision_-_Houghton_C__NON-RESTRICTED_.pdf- ./OFFICIAL_SENSITIVE_S_of_S_decision_-_Houghton_C__NON-RESTRICTED_.pdf-In this case I have placed considerable weight on the panel’s comments concerning the ./OFFICIAL_SENSITIVE_S_of_S_decision_-_Houghton_C__NON-RESTRICTED_.pdf-lack of insight or remorse. ./OFFICIAL_SENSITIVE_S_of_S_decision_-_Houghton_C__NON-RESTRICTED_.pdf- ./OFFICIAL_SENSITIVE_S_of_S_decision_-_Houghton_C__NON-RESTRICTED_.pdf-I have also placed considerable weight on the finding of the panel that Mr Houghton ./OFFICIAL_SENSITIVE_S_of_S_decision_-_Houghton_C__NON-RESTRICTED_.pdf:engaged in serious dishonesty and sexual misconduct. ./OFFICIAL_SENSITIVE_S_of_S_decision_-_Houghton_C__NON-RESTRICTED_.pdf- ./OFFICIAL_SENSITIVE_S_of_S_decision_-_Houghton_C__NON-RESTRICTED_.pdf- ./OFFICIAL_SENSITIVE_S_of_S_decision_-_Houghton_C__NON-RESTRICTED_.pdf- ./OFFICIAL_SENSITIVE_S_of_S_decision_-_Houghton_C__NON-RESTRICTED_.pdf- 14 ./OFFICIAL_SENSITIVE_S_of_S_decision_-_Houghton_C__NON-RESTRICTED_.pdf- -- ./OFFICIAL_SENSITIVE_S_of_S_decision_-_Houghton_C__NON-RESTRICTED_.pdf-For these reasons I have concluded that a prohibition order is proportionate and in the ./OFFICIAL_SENSITIVE_S_of_S_decision_-_Houghton_C__NON-RESTRICTED_.pdf-public interest in order to achieve the aims which a prohibition order is intended to ./OFFICIAL_SENSITIVE_S_of_S_decision_-_Houghton_C__NON-RESTRICTED_.pdf-achieve. ./OFFICIAL_SENSITIVE_S_of_S_decision_-_Houghton_C__NON-RESTRICTED_.pdf- ./OFFICIAL_SENSITIVE_S_of_S_decision_-_Houghton_C__NON-RESTRICTED_.pdf-I have gone on to consider the matter of a review period. In this case the panel has ./OFFICIAL_SENSITIVE_S_of_S_decision_-_Houghton_C__NON-RESTRICTED_.pdf-recommended that there should be no provision for a review. ./OFFICIAL_SENSITIVE_S_of_S_decision_-_Houghton_C__NON-RESTRICTED_.pdf- ./OFFICIAL_SENSITIVE_S_of_S_decision_-_Houghton_C__NON-RESTRICTED_.pdf-I have considered the panel’s comments, which take into account the published guidance ./OFFICIAL_SENSITIVE_S_of_S_decision_-_Houghton_C__NON-RESTRICTED_.pdf-by the Secretary of State “The Advice indicates that there are behaviours that, if proven, ./OFFICIAL_SENSITIVE_S_of_S_decision_-_Houghton_C__NON-RESTRICTED_.pdf-would militate against the recommendation of a review period, including serious ./OFFICIAL_SENSITIVE_S_of_S_decision_-_Houghton_C__NON-RESTRICTED_.pdf:dishonesty and serious sexual misconduct. The panel considered that these behaviours ./OFFICIAL_SENSITIVE_S_of_S_decision_-_Houghton_C__NON-RESTRICTED_.pdf-were both present.” ./OFFICIAL_SENSITIVE_S_of_S_decision_-_Houghton_C__NON-RESTRICTED_.pdf- ./OFFICIAL_SENSITIVE_S_of_S_decision_-_Houghton_C__NON-RESTRICTED_.pdf-I have considered whether allowing for no review period reflects the seriousness of the ./OFFICIAL_SENSITIVE_S_of_S_decision_-_Houghton_C__NON-RESTRICTED_.pdf-findings and is a proportionate period to achieve the aim of maintaining public confidence ./OFFICIAL_SENSITIVE_S_of_S_decision_-_Houghton_C__NON-RESTRICTED_.pdf-in the profession. In this case, there are three factors that in my view mean that a two ./OFFICIAL_SENSITIVE_S_of_S_decision_-_Houghton_C__NON-RESTRICTED_.pdf-year review period is not sufficient to achieve the aim of maintaining public confidence in ./OFFICIAL_SENSITIVE_S_of_S_decision_-_Houghton_C__NON-RESTRICTED_.pdf:the profession. These elements are the serious dishonesty found and the sexual ./OFFICIAL_SENSITIVE_S_of_S_decision_-_Houghton_C__NON-RESTRICTED_.pdf-misconduct found and the lack of insight. ./OFFICIAL_SENSITIVE_S_of_S_decision_-_Houghton_C__NON-RESTRICTED_.pdf- ./OFFICIAL_SENSITIVE_S_of_S_decision_-_Houghton_C__NON-RESTRICTED_.pdf-I consider therefore that allowing for no review period is necessary to satisfy the ./OFFICIAL_SENSITIVE_S_of_S_decision_-_Houghton_C__NON-RESTRICTED_.pdf-maintenance of public confidence in the profession. ./OFFICIAL_SENSITIVE_S_of_S_decision_-_Houghton_C__NON-RESTRICTED_.pdf- ./OFFICIAL_SENSITIVE_S_of_S_decision_-_Houghton_C__NON-RESTRICTED_.pdf-This means that Mr Christopher Houghton is prohibited from teaching indefinitely ./OFFICIAL_SENSITIVE_S_of_S_decision_-_Houghton_C__NON-RESTRICTED_.pdf-and cannot teach in any school, sixth form college, relevant youth accommodation ./OFFICIAL_SENSITIVE_S_of_S_decision_-_Houghton_C__NON-RESTRICTED_.pdf-or children’s home in England. Furthermore, in view of the seriousness of the ./OFFICIAL_SENSITIVE_S_of_S_decision_-_Houghton_C__NON-RESTRICTED_.pdf-allegations found proved against him, I have decided that Mr Christopher Houghton shall ./OFFICIAL_SENSITIVE_S_of_S_decision_-_Houghton_C__NON-RESTRICTED_.pdf-not be entitled to apply for restoration of his eligibility to teach. ./Official_Sensitive_S_of_S_decision_Brittain_15166__Redacted_2.pdf-B. Allegations ./Official_Sensitive_S_of_S_decision_Brittain_15166__Redacted_2.pdf-The panel considered the allegations set out in the Notice of Proceedings dated 11 April ./Official_Sensitive_S_of_S_decision_Brittain_15166__Redacted_2.pdf-2018. ./Official_Sensitive_S_of_S_decision_Brittain_15166__Redacted_2.pdf- ./Official_Sensitive_S_of_S_decision_Brittain_15166__Redacted_2.pdf-It was alleged that Mr Brittain was guilty of unacceptable professional conduct and/or ./Official_Sensitive_S_of_S_decision_Brittain_15166__Redacted_2.pdf-conduct that may bring the profession into disrepute in that whilst working as a Teacher ./Official_Sensitive_S_of_S_decision_Brittain_15166__Redacted_2.pdf-at Langley School, Norfolk between 2012 and 2014 he: ./Official_Sensitive_S_of_S_decision_Brittain_15166__Redacted_2.pdf- ./Official_Sensitive_S_of_S_decision_Brittain_15166__Redacted_2.pdf: 1. Engaged in inappropriate sexual behaviour with Pupil A, including: ./Official_Sensitive_S_of_S_decision_Brittain_15166__Redacted_2.pdf- ./Official_Sensitive_S_of_S_decision_Brittain_15166__Redacted_2.pdf- a) Touching Pupil A on her inner thigh on or around 29 October 2012; ./Official_Sensitive_S_of_S_decision_Brittain_15166__Redacted_2.pdf- ./Official_Sensitive_S_of_S_decision_Brittain_15166__Redacted_2.pdf: b) Engaging in sexual penetration and/or sexual touching with Pupil A in the ./Official_Sensitive_S_of_S_decision_Brittain_15166__Redacted_2.pdf- Mancroft Room; ./Official_Sensitive_S_of_S_decision_Brittain_15166__Redacted_2.pdf- ./Official_Sensitive_S_of_S_decision_Brittain_15166__Redacted_2.pdf: c) Engaging in sexual penetration and/or sexual touching with Pupil A in the TV ./Official_Sensitive_S_of_S_decision_Brittain_15166__Redacted_2.pdf- room; ./Official_Sensitive_S_of_S_decision_Brittain_15166__Redacted_2.pdf- ./Official_Sensitive_S_of_S_decision_Brittain_15166__Redacted_2.pdf: d) Engaging in sexual penetration and/or sexual touching with Pupil A in the ./Official_Sensitive_S_of_S_decision_Brittain_15166__Redacted_2.pdf- Lawrence Room. ./Official_Sensitive_S_of_S_decision_Brittain_15166__Redacted_2.pdf- ./Official_Sensitive_S_of_S_decision_Brittain_15166__Redacted_2.pdf: 2. The conduct, as may be found proven, at 1 above was sexually motivated. ./Official_Sensitive_S_of_S_decision_Brittain_15166__Redacted_2.pdf- ./Official_Sensitive_S_of_S_decision_Brittain_15166__Redacted_2.pdf-Mr Brittain denied all the allegations. ./Official_Sensitive_S_of_S_decision_Brittain_15166__Redacted_2.pdf- ./Official_Sensitive_S_of_S_decision_Brittain_15166__Redacted_2.pdf- ./Official_Sensitive_S_of_S_decision_Brittain_15166__Redacted_2.pdf-C. Preliminary applications ./Official_Sensitive_S_of_S_decision_Brittain_15166__Redacted_2.pdf-Documents ./Official_Sensitive_S_of_S_decision_Brittain_15166__Redacted_2.pdf-In advance of the hearing, the panel received a bundle of documents which included: ./Official_Sensitive_S_of_S_decision_Brittain_15166__Redacted_2.pdf- ./Official_Sensitive_S_of_S_decision_Brittain_15166__Redacted_2.pdf-Section 1: Chronology and anonymised pupil list – pages 2 to 4 ./Official_Sensitive_S_of_S_decision_Brittain_15166__Redacted_2.pdf- -- ./Official_Sensitive_S_of_S_decision_Brittain_15166__Redacted_2.pdf- ./Official_Sensitive_S_of_S_decision_Brittain_15166__Redacted_2.pdf-E. Decision and reasons ./Official_Sensitive_S_of_S_decision_Brittain_15166__Redacted_2.pdf-The panel announced its decision and reasons as follows: ./Official_Sensitive_S_of_S_decision_Brittain_15166__Redacted_2.pdf- ./Official_Sensitive_S_of_S_decision_Brittain_15166__Redacted_2.pdf-The panel has carefully considered the case before us and has reached a decision. ./Official_Sensitive_S_of_S_decision_Brittain_15166__Redacted_2.pdf- ./Official_Sensitive_S_of_S_decision_Brittain_15166__Redacted_2.pdf-The panel confirms that it has read all the documents provided in the bundle in advance ./Official_Sensitive_S_of_S_decision_Brittain_15166__Redacted_2.pdf-of the hearing. ./Official_Sensitive_S_of_S_decision_Brittain_15166__Redacted_2.pdf- ./Official_Sensitive_S_of_S_decision_Brittain_15166__Redacted_2.pdf-Mr Brittain was a physics teacher at Langley School, joining in September 2011. This ./Official_Sensitive_S_of_S_decision_Brittain_15166__Redacted_2.pdf:case relates to an allegation that Mr Brittain engaged in inappropriate and sexual ./Official_Sensitive_S_of_S_decision_Brittain_15166__Redacted_2.pdf-behaviour with Pupil A to include touching her thigh in October 2012 and then ./Official_Sensitive_S_of_S_decision_Brittain_15166__Redacted_2.pdf:subsequently on dates unknown up to 2014 engaged in sexual touching with Pupil A ./Official_Sensitive_S_of_S_decision_Brittain_15166__Redacted_2.pdf:whilst delivering additional physics tuition to her. It is said that this conduct was sexually ./Official_Sensitive_S_of_S_decision_Brittain_15166__Redacted_2.pdf-motivated. For this reason, it is alleged that the conduct of Mr Brittain amounts to ./Official_Sensitive_S_of_S_decision_Brittain_15166__Redacted_2.pdf- ./Official_Sensitive_S_of_S_decision_Brittain_15166__Redacted_2.pdf- ./Official_Sensitive_S_of_S_decision_Brittain_15166__Redacted_2.pdf- 5 ./Official_Sensitive_S_of_S_decision_Brittain_15166__Redacted_2.pdf- -- ./Official_Sensitive_S_of_S_decision_Brittain_15166__Redacted_2.pdf-– May 2014 Pupil A states that Mr Brittain started to give her additional ./Official_Sensitive_S_of_S_decision_Brittain_15166__Redacted_2.pdf- physics tuition in this period. ./Official_Sensitive_S_of_S_decision_Brittain_15166__Redacted_2.pdf- ./Official_Sensitive_S_of_S_decision_Brittain_15166__Redacted_2.pdf-October 2013 Mr Brittain states that he started giving Pupil A extra Physics ./Official_Sensitive_S_of_S_decision_Brittain_15166__Redacted_2.pdf- lessons. ./Official_Sensitive_S_of_S_decision_Brittain_15166__Redacted_2.pdf- ./Official_Sensitive_S_of_S_decision_Brittain_15166__Redacted_2.pdf-April 2014 Pupil A allegedly discloses information to Pupil B about her ./Official_Sensitive_S_of_S_decision_Brittain_15166__Redacted_2.pdf- relationship with Mr Brittain. ./Official_Sensitive_S_of_S_decision_Brittain_15166__Redacted_2.pdf- ./Official_Sensitive_S_of_S_decision_Brittain_15166__Redacted_2.pdf-July 2014 Pupil A discloses to another pupil, and then Inidivual A that ./Official_Sensitive_S_of_S_decision_Brittain_15166__Redacted_2.pdf: she and Mr Brittain had engaged in sexual activity. ./Official_Sensitive_S_of_S_decision_Brittain_15166__Redacted_2.pdf- ./Official_Sensitive_S_of_S_decision_Brittain_15166__Redacted_2.pdf-31 July 2014 Pupil A is video-interviewed by the police (Achieving Best ./Official_Sensitive_S_of_S_decision_Brittain_15166__Redacted_2.pdf- Evidence "ABE" interview). ./Official_Sensitive_S_of_S_decision_Brittain_15166__Redacted_2.pdf- ./Official_Sensitive_S_of_S_decision_Brittain_15166__Redacted_2.pdf-January 2016 Mr Brittain is acquitted at the Crown Court of criminal charges ./Official_Sensitive_S_of_S_decision_Brittain_15166__Redacted_2.pdf: of sexual offences arising from Pupil A's allegations. ./Official_Sensitive_S_of_S_decision_Brittain_15166__Redacted_2.pdf- ./Official_Sensitive_S_of_S_decision_Brittain_15166__Redacted_2.pdf-12 February 2016 Mr Brittain leaves Langley School having entered into a ./Official_Sensitive_S_of_S_decision_Brittain_15166__Redacted_2.pdf- Settlement Agreement. ./Official_Sensitive_S_of_S_decision_Brittain_15166__Redacted_2.pdf- ./Official_Sensitive_S_of_S_decision_Brittain_15166__Redacted_2.pdf- ./Official_Sensitive_S_of_S_decision_Brittain_15166__Redacted_2.pdf-Findings of fact ./Official_Sensitive_S_of_S_decision_Brittain_15166__Redacted_2.pdf-Our findings of fact are as follows. ./Official_Sensitive_S_of_S_decision_Brittain_15166__Redacted_2.pdf- ./Official_Sensitive_S_of_S_decision_Brittain_15166__Redacted_2.pdf-The panel notes that the matters giving rise to these proceedings were said to have ./Official_Sensitive_S_of_S_decision_Brittain_15166__Redacted_2.pdf-occurred up to 5/6 years ago, which is a considerable period, and made allowances for -- ./Official_Sensitive_S_of_S_decision_Brittain_15166__Redacted_2.pdf- ./Official_Sensitive_S_of_S_decision_Brittain_15166__Redacted_2.pdf-Pupil A states that the sessions were suggested by Mr Brittain albeit she recognised that ./Official_Sensitive_S_of_S_decision_Brittain_15166__Redacted_2.pdf-she needed them given her academic performance. Mr Brittain in contrast states that ./Official_Sensitive_S_of_S_decision_Brittain_15166__Redacted_2.pdf-Pupil A approached his fiancé [Redacted] who in turn proposed that he, Mr Brittain, ./Official_Sensitive_S_of_S_decision_Brittain_15166__Redacted_2.pdf-conduct the physics tuition with Pupil A. The panel notes that there are different ./Official_Sensitive_S_of_S_decision_Brittain_15166__Redacted_2.pdf-perspectives on how the sessions were initiated and is unable to resolve this issue (in the ./Official_Sensitive_S_of_S_decision_Brittain_15166__Redacted_2.pdf-absence of evidence from other sources including the fiancée beyond her general written ./Official_Sensitive_S_of_S_decision_Brittain_15166__Redacted_2.pdf-account supportive of Mr Brittain's account at page 445) but is of the view that this ./Official_Sensitive_S_of_S_decision_Brittain_15166__Redacted_2.pdf-dispute has no real bearing on the allegations. ./Official_Sensitive_S_of_S_decision_Brittain_15166__Redacted_2.pdf- ./Official_Sensitive_S_of_S_decision_Brittain_15166__Redacted_2.pdf:Pupil A states that within a few weeks of the tuition starting, Mr Brittain engaged in sexual ./Official_Sensitive_S_of_S_decision_Brittain_15166__Redacted_2.pdf-touching with her to include touching her vaginal area and also putting her hand on his ./Official_Sensitive_S_of_S_decision_Brittain_15166__Redacted_2.pdf-private parts. Pupil A states that Mr Brittain would place a coat over both of them which ./Official_Sensitive_S_of_S_decision_Brittain_15166__Redacted_2.pdf-was also used as a makeshift table but which also served the purpose of concealing this ./Official_Sensitive_S_of_S_decision_Brittain_15166__Redacted_2.pdf-mutual touching. Pupil A stated that in the course of these interactions, semen or pre- ./Official_Sensitive_S_of_S_decision_Brittain_15166__Redacted_2.pdf-ejaculate fluid came into contact with her and her text books. ./Official_Sensitive_S_of_S_decision_Brittain_15166__Redacted_2.pdf- ./Official_Sensitive_S_of_S_decision_Brittain_15166__Redacted_2.pdf- ./Official_Sensitive_S_of_S_decision_Brittain_15166__Redacted_2.pdf- ./Official_Sensitive_S_of_S_decision_Brittain_15166__Redacted_2.pdf- ./Official_Sensitive_S_of_S_decision_Brittain_15166__Redacted_2.pdf- 8 -- ./Official_Sensitive_S_of_S_decision_Brittain_15166__Redacted_2.pdf-The panel had forensic reports before it which confirmed that there were some traces of ./Official_Sensitive_S_of_S_decision_Brittain_15166__Redacted_2.pdf-semen on Mr Brittain's coat. However, there was no evidence before the panel as to ./Official_Sensitive_S_of_S_decision_Brittain_15166__Redacted_2.pdf-whether the coat could have tested positive as a result of other, incidental transfer. There ./Official_Sensitive_S_of_S_decision_Brittain_15166__Redacted_2.pdf-was no trace of any of Mr Brittain's DNA on the text books which were tested, albeit there ./Official_Sensitive_S_of_S_decision_Brittain_15166__Redacted_2.pdf-is no conclusive evidence that the text books tested were the exact books used in the ./Official_Sensitive_S_of_S_decision_Brittain_15166__Redacted_2.pdf-tuition sessions, or that they had not been cleaned after any incident. ./Official_Sensitive_S_of_S_decision_Brittain_15166__Redacted_2.pdf- ./Official_Sensitive_S_of_S_decision_Brittain_15166__Redacted_2.pdf:Pupil A disclosed to Pupil B that sexual activity was taking place between her and Mr ./Official_Sensitive_S_of_S_decision_Brittain_15166__Redacted_2.pdf-Brittain in or around April 2014, and then went on a school trip to [Redacted] in the early ./Official_Sensitive_S_of_S_decision_Brittain_15166__Redacted_2.pdf-summer of 2014 in the course of which she was warned that she would be disciplined ./Official_Sensitive_S_of_S_decision_Brittain_15166__Redacted_2.pdf-upon her return to the UK as a result of her smoking. During conversations with other ./Official_Sensitive_S_of_S_decision_Brittain_15166__Redacted_2.pdf:pupils on this school trip, Pupil A stated that she had been involved in sexual activity with ./Official_Sensitive_S_of_S_decision_Brittain_15166__Redacted_2.pdf-Mr Brittain, and this in turn was disclosed to a staff member, Individual A, who took a brief ./Official_Sensitive_S_of_S_decision_Brittain_15166__Redacted_2.pdf-statement from Pupil A. Upon return to the UK the disclosure was reported to the police ./Official_Sensitive_S_of_S_decision_Brittain_15166__Redacted_2.pdf-who interviewed Pupil A and undertook a criminal investigation which culminated in the ./Official_Sensitive_S_of_S_decision_Brittain_15166__Redacted_2.pdf-criminal trial referred to above. ./Official_Sensitive_S_of_S_decision_Brittain_15166__Redacted_2.pdf- ./Official_Sensitive_S_of_S_decision_Brittain_15166__Redacted_2.pdf-The panel then turns to Mr Brittain. In complete contradiction of the above, Mr Brittain, a ./Official_Sensitive_S_of_S_decision_Brittain_15166__Redacted_2.pdf-teacher who was highly regarded by colleagues, and a man of good character, denies ./Official_Sensitive_S_of_S_decision_Brittain_15166__Redacted_2.pdf-every allegation strenuously, and attended this hearing to give evidence. Similarly, Mr ./Official_Sensitive_S_of_S_decision_Brittain_15166__Redacted_2.pdf-Brittain denied the allegations when first interviewed by the police under caution and ./Official_Sensitive_S_of_S_decision_Brittain_15166__Redacted_2.pdf-gave clear evidence at his trial which was consistent with the evidence he gave in the -- ./Official_Sensitive_S_of_S_decision_Brittain_15166__Redacted_2.pdf- ./Official_Sensitive_S_of_S_decision_Brittain_15166__Redacted_2.pdf-The panel thus finds itself tasked with resolving the respective factual matters in dispute ./Official_Sensitive_S_of_S_decision_Brittain_15166__Redacted_2.pdf-faced with two binary narratives of what took place which have both been generally ./Official_Sensitive_S_of_S_decision_Brittain_15166__Redacted_2.pdf-consistent since the matters were first investigated in July and August 2014. ./Official_Sensitive_S_of_S_decision_Brittain_15166__Redacted_2.pdf- ./Official_Sensitive_S_of_S_decision_Brittain_15166__Redacted_2.pdf-The panel has sought assistance, as already indicated above, by turning to other sources ./Official_Sensitive_S_of_S_decision_Brittain_15166__Redacted_2.pdf-of potential evidential value. However, there was little assistance from other sources. ./Official_Sensitive_S_of_S_decision_Brittain_15166__Redacted_2.pdf-There is, for example, no direct corroboration of Pupil A's account in terms of anyone ./Official_Sensitive_S_of_S_decision_Brittain_15166__Redacted_2.pdf-witnessing anything which may have made the allegations more or less likely to have ./Official_Sensitive_S_of_S_decision_Brittain_15166__Redacted_2.pdf-occurred. There was indirect corroboration in the form of evidence given at the criminal ./Official_Sensitive_S_of_S_decision_Brittain_15166__Redacted_2.pdf:trial by Pupil B that a disclosure of a sexual relationship with Mr Brittain was made by ./Official_Sensitive_S_of_S_decision_Brittain_15166__Redacted_2.pdf-Pupil A in April 2014 (page 168). ./Official_Sensitive_S_of_S_decision_Brittain_15166__Redacted_2.pdf- ./Official_Sensitive_S_of_S_decision_Brittain_15166__Redacted_2.pdf-Conversely, there is some corroboration of Mr Brittain's denial in the form of the evidence ./Official_Sensitive_S_of_S_decision_Brittain_15166__Redacted_2.pdf-of Individual B. Individual B states that during the period in question he would circulate ./Official_Sensitive_S_of_S_decision_Brittain_15166__Redacted_2.pdf-around the school buildings and at no point had he witnessed anything untoward ./Official_Sensitive_S_of_S_decision_Brittain_15166__Redacted_2.pdf-between Pupil A and Mr Brittain. Furthermore, Individual B states that it would be ./Official_Sensitive_S_of_S_decision_Brittain_15166__Redacted_2.pdf-'inconceivable' that any such actions could have occurred given the fact that they are all ./Official_Sensitive_S_of_S_decision_Brittain_15166__Redacted_2.pdf-said to have taken place at a time when pupils and other staff were in circulation and thus ./Official_Sensitive_S_of_S_decision_Brittain_15166__Redacted_2.pdf-would have witnessed them. ./Official_Sensitive_S_of_S_decision_Brittain_15166__Redacted_2.pdf- -- ./Official_Sensitive_S_of_S_decision_Brittain_15166__Redacted_2.pdf-appreciates that there may be a reluctance to disclose matters of one's personal life ./Official_Sensitive_S_of_S_decision_Brittain_15166__Redacted_2.pdf-which do not directly relate to the police investigation of his relationship with Pupil A. ./Official_Sensitive_S_of_S_decision_Brittain_15166__Redacted_2.pdf- ./Official_Sensitive_S_of_S_decision_Brittain_15166__Redacted_2.pdf-However, whatever the explanation, Mr Brittain did not provide an accurate account of ./Official_Sensitive_S_of_S_decision_Brittain_15166__Redacted_2.pdf-everything he was asked about by the police. The panel takes a critical view of this. ./Official_Sensitive_S_of_S_decision_Brittain_15166__Redacted_2.pdf-Whilst accepting that Mr Brittain may not have understood that the issue of other ./Official_Sensitive_S_of_S_decision_Brittain_15166__Redacted_2.pdf-relationships was relevant to the police investigation, he was a teacher in a school being ./Official_Sensitive_S_of_S_decision_Brittain_15166__Redacted_2.pdf:investigated in relation to an inappropriate sexual relationship with a pupil. Mr Brittain ./Official_Sensitive_S_of_S_decision_Brittain_15166__Redacted_2.pdf-was not under any obligation to answer questions but instead chose to give a misleading ./Official_Sensitive_S_of_S_decision_Brittain_15166__Redacted_2.pdf-account to hide his embarrassment at having engaged in other relationships beyond ./Official_Sensitive_S_of_S_decision_Brittain_15166__Redacted_2.pdf-those with his then fiancée. Whilst understandable, Mr Brittain can be criticised for this ./Official_Sensitive_S_of_S_decision_Brittain_15166__Redacted_2.pdf-conduct. The panel is of the view that this does detract from his credibility to the extent ./Official_Sensitive_S_of_S_decision_Brittain_15166__Redacted_2.pdf-set out below. ./Official_Sensitive_S_of_S_decision_Brittain_15166__Redacted_2.pdf- ./Official_Sensitive_S_of_S_decision_Brittain_15166__Redacted_2.pdf-The panel has had the opportunity to consider and assess Mr Brittain's demeanour and is ./Official_Sensitive_S_of_S_decision_Brittain_15166__Redacted_2.pdf-satisfied that his account has been clear and, on the face of it, plausible throughout. ./Official_Sensitive_S_of_S_decision_Brittain_15166__Redacted_2.pdf- ./Official_Sensitive_S_of_S_decision_Brittain_15166__Redacted_2.pdf-The panel is satisfied that details and issues concerning Mr Brittain's romantic life and ./Official_Sensitive_S_of_S_decision_Brittain_15166__Redacted_2.pdf-other relationships he has had does not indicate that he has a propensity to engage in ./Official_Sensitive_S_of_S_decision_Brittain_15166__Redacted_2.pdf:unlawful sexual behaviour. There is no clear or reliable evidence that Mr Brittain has a ./Official_Sensitive_S_of_S_decision_Brittain_15166__Redacted_2.pdf-propensity to engage in such behaviour. There is on the contrary positive evidence of his ./Official_Sensitive_S_of_S_decision_Brittain_15166__Redacted_2.pdf-character and teaching ability from his colleagues. ./Official_Sensitive_S_of_S_decision_Brittain_15166__Redacted_2.pdf- ./Official_Sensitive_S_of_S_decision_Brittain_15166__Redacted_2.pdf-However, there is evidence in the form of photographs of Pupil A with Mr Brittain, which is ./Official_Sensitive_S_of_S_decision_Brittain_15166__Redacted_2.pdf-an indication that he was given to lapses of judgement involving the blurring of ./Official_Sensitive_S_of_S_decision_Brittain_15166__Redacted_2.pdf-boundaries with pupils – lapses incidentally which Mr Brittain fully accepted in his ./Official_Sensitive_S_of_S_decision_Brittain_15166__Redacted_2.pdf-evidence before the panel. ./Official_Sensitive_S_of_S_decision_Brittain_15166__Redacted_2.pdf- ./Official_Sensitive_S_of_S_decision_Brittain_15166__Redacted_2.pdf:The panel notes that there was no escalation of the sexual activity alleged as between Mr ./Official_Sensitive_S_of_S_decision_Brittain_15166__Redacted_2.pdf-Brittain and Pupil A. For example there is no evidence of any actual attempt to go to ./Official_Sensitive_S_of_S_decision_Brittain_15166__Redacted_2.pdf-private rooms, or contact one another on social media. [Redacted] ./Official_Sensitive_S_of_S_decision_Brittain_15166__Redacted_2.pdf- ./Official_Sensitive_S_of_S_decision_Brittain_15166__Redacted_2.pdf-There are a number of areas of investigation which could have been considered and ./Official_Sensitive_S_of_S_decision_Brittain_15166__Redacted_2.pdf-which may have provided valuable corroboration of either Mr Brittain or Pupil A's account. ./Official_Sensitive_S_of_S_decision_Brittain_15166__Redacted_2.pdf- ./Official_Sensitive_S_of_S_decision_Brittain_15166__Redacted_2.pdf-The panel has not been particularly assisted by the nature of the other evidence in this ./Official_Sensitive_S_of_S_decision_Brittain_15166__Redacted_2.pdf-case, which has ultimately resulted in a need to focus on the evidence of Pupil A and Mr ./Official_Sensitive_S_of_S_decision_Brittain_15166__Redacted_2.pdf-Brittain, and the binary dispute between these two accounts. ./Official_Sensitive_S_of_S_decision_Brittain_15166__Redacted_2.pdf- -- ./Official_Sensitive_S_of_S_decision_Brittain_15166__Redacted_2.pdf-The issue of the coat is of some concern, and another oddity in the case. Mr Brittain's ./Official_Sensitive_S_of_S_decision_Brittain_15166__Redacted_2.pdf-account of using the coat as a table is plausible. Pupil A states that this was used as a ./Official_Sensitive_S_of_S_decision_Brittain_15166__Redacted_2.pdf:table and also to disguise the sexual contact between them as it was draped over both of ./Official_Sensitive_S_of_S_decision_Brittain_15166__Redacted_2.pdf-them. However, the panel is of the view that any indication that a coat was being draped ./Official_Sensitive_S_of_S_decision_Brittain_15166__Redacted_2.pdf-over both of them would have caused alarm by pupils and/or staff and therefore would ./Official_Sensitive_S_of_S_decision_Brittain_15166__Redacted_2.pdf-not actually represent concealment of inappropriate behaviour. Indeed, Individual B was ./Official_Sensitive_S_of_S_decision_Brittain_15166__Redacted_2.pdf-clear that had he noted a coat draped over the two of them he would have regarded this ./Official_Sensitive_S_of_S_decision_Brittain_15166__Redacted_2.pdf-as inappropriate and intervened accordingly. ./Official_Sensitive_S_of_S_decision_Brittain_15166__Redacted_2.pdf- ./Official_Sensitive_S_of_S_decision_Brittain_15166__Redacted_2.pdf-The panel has considered carefully the evidence of Individual B, who was frank and ./Official_Sensitive_S_of_S_decision_Brittain_15166__Redacted_2.pdf-credible in evidence that he believed it was highly unlikely that the conduct could have ./Official_Sensitive_S_of_S_decision_Brittain_15166__Redacted_2.pdf-occurred given the public nature of the rooms, particularly when some of the rooms were ./Official_Sensitive_S_of_S_decision_Brittain_15166__Redacted_2.pdf-understood by Mr Brittain to have CCTV (TV room). However, the panel also heard ./Official_Sensitive_S_of_S_decision_Brittain_15166__Redacted_2.pdf-evidence (which it accepted) that visibility of all areas within the room was not always ./Official_Sensitive_S_of_S_decision_Brittain_15166__Redacted_2.pdf-perfect, and the rooms were large. Individual B's patrols were approximately hourly, and ./Official_Sensitive_S_of_S_decision_Brittain_15166__Redacted_2.pdf-the circulation of pupils was random and irregular rather than constant. ./Official_Sensitive_S_of_S_decision_Brittain_15166__Redacted_2.pdf- ./Official_Sensitive_S_of_S_decision_Brittain_15166__Redacted_2.pdf:The sexual activity described by Pupil A was also intermittent and of short duration. ./Official_Sensitive_S_of_S_decision_Brittain_15166__Redacted_2.pdf-Whilst the panel accepts that this activity would have posed a high risk of detection in the ./Official_Sensitive_S_of_S_decision_Brittain_15166__Redacted_2.pdf-circumstances, it does not regard this context as conclusive evidence that nothing could ./Official_Sensitive_S_of_S_decision_Brittain_15166__Redacted_2.pdf-have happened and that it would not have been possible without witnesses. ./Official_Sensitive_S_of_S_decision_Brittain_15166__Redacted_2.pdf- ./Official_Sensitive_S_of_S_decision_Brittain_15166__Redacted_2.pdf-The panel is not persuaded that this context (and the absence of direct corroboration) ./Official_Sensitive_S_of_S_decision_Brittain_15166__Redacted_2.pdf-represents a bar to the allegations having taken place. Without any criticism of Individual ./Official_Sensitive_S_of_S_decision_Brittain_15166__Redacted_2.pdf-B, whose views were well expressed, the panel is of the view that it was in fact ./Official_Sensitive_S_of_S_decision_Brittain_15166__Redacted_2.pdf-conceivable, and indeed plausible, that the activity could have occurred as described ./Official_Sensitive_S_of_S_decision_Brittain_15166__Redacted_2.pdf-without being witnessed. ./Official_Sensitive_S_of_S_decision_Brittain_15166__Redacted_2.pdf- -- ./Official_Sensitive_S_of_S_decision_Brittain_15166__Redacted_2.pdf-You are guilty of unacceptable professional conduct and/or conduct that may bring ./Official_Sensitive_S_of_S_decision_Brittain_15166__Redacted_2.pdf-the profession into disrepute in that whilst working as a Teacher at Langley ./Official_Sensitive_S_of_S_decision_Brittain_15166__Redacted_2.pdf-School, Norfolk between 2012 and 2014 you: ./Official_Sensitive_S_of_S_decision_Brittain_15166__Redacted_2.pdf- ./Official_Sensitive_S_of_S_decision_Brittain_15166__Redacted_2.pdf:1) Engaged in inappropriate sexual behaviour with Pupil A, including: ./Official_Sensitive_S_of_S_decision_Brittain_15166__Redacted_2.pdf- ./Official_Sensitive_S_of_S_decision_Brittain_15166__Redacted_2.pdf- a) Touching Pupil A on her inner thigh on or around 29 October 2012; ./Official_Sensitive_S_of_S_decision_Brittain_15166__Redacted_2.pdf- ./Official_Sensitive_S_of_S_decision_Brittain_15166__Redacted_2.pdf-The panel listened carefully to the evidence in this case. It was agreed between Mr ./Official_Sensitive_S_of_S_decision_Brittain_15166__Redacted_2.pdf-Brittain and Pupil A that he gave her a lift after the school trip to enable her mother to ./Official_Sensitive_S_of_S_decision_Brittain_15166__Redacted_2.pdf-collect her. Mr Brittain states that he gave Pupil A a lift to the station, but Pupil A was less ./Official_Sensitive_S_of_S_decision_Brittain_15166__Redacted_2.pdf-clear about the location in question. It was also agreed that in the course of the car ./Official_Sensitive_S_of_S_decision_Brittain_15166__Redacted_2.pdf-journey they discussed issues such as their family backgrounds including relationships ./Official_Sensitive_S_of_S_decision_Brittain_15166__Redacted_2.pdf-with parents. Pupil A states that Mr Brittain told her that his mother had left him alone for ./Official_Sensitive_S_of_S_decision_Brittain_15166__Redacted_2.pdf-a period and gone to Paris, whereas Mr Brittain refutes this and says that he had never -- ./Official_Sensitive_S_of_S_decision_Brittain_15166__Redacted_2.pdf-Pupil A described how she was not concerned about this at the time but in retrospect ./Official_Sensitive_S_of_S_decision_Brittain_15166__Redacted_2.pdf-regarded this as inappropriate. ./Official_Sensitive_S_of_S_decision_Brittain_15166__Redacted_2.pdf- ./Official_Sensitive_S_of_S_decision_Brittain_15166__Redacted_2.pdf-Mr Brittain denied this allegation and stated that he would not behave in this way. ./Official_Sensitive_S_of_S_decision_Brittain_15166__Redacted_2.pdf-However, he did state that at one point he touched Pupil A's shoulder in a comforting ./Official_Sensitive_S_of_S_decision_Brittain_15166__Redacted_2.pdf-manner. The panel notes that Mr Brittain was driving Pupil A at the point when the ./Official_Sensitive_S_of_S_decision_Brittain_15166__Redacted_2.pdf-allegation is said to have occurred. At no point has Pupil A sought to embellish her ./Official_Sensitive_S_of_S_decision_Brittain_15166__Redacted_2.pdf-account, and her account has the ring of truth. ./Official_Sensitive_S_of_S_decision_Brittain_15166__Redacted_2.pdf- ./Official_Sensitive_S_of_S_decision_Brittain_15166__Redacted_2.pdf-The panel is of the view that Mr Brittan did touch her leg, on the inner thigh on or around ./Official_Sensitive_S_of_S_decision_Brittain_15166__Redacted_2.pdf:29 October 2012, but even on Pupil A's account this was not clearly sexualised ./Official_Sensitive_S_of_S_decision_Brittain_15166__Redacted_2.pdf-behaviour. The panel is of the view that it was inappropriate, but the charge is ./Official_Sensitive_S_of_S_decision_Brittain_15166__Redacted_2.pdf:inappropriate sexual behaviour. ./Official_Sensitive_S_of_S_decision_Brittain_15166__Redacted_2.pdf- ./Official_Sensitive_S_of_S_decision_Brittain_15166__Redacted_2.pdf-The panel finds this charge not proved on the basis that there is no evidence that the ./Official_Sensitive_S_of_S_decision_Brittain_15166__Redacted_2.pdf:touching of her inner thigh was clearly sexual in action or intent. The panel has reflected ./Official_Sensitive_S_of_S_decision_Brittain_15166__Redacted_2.pdf-on this in light of the findings under the rest of allegation 1 and is of the view that there is ./Official_Sensitive_S_of_S_decision_Brittain_15166__Redacted_2.pdf-no evidence to link this conduct (the touching of her inner thigh) with any subsequent ./Official_Sensitive_S_of_S_decision_Brittain_15166__Redacted_2.pdf-conduct such as to warrant a finding on the balance of probabilities that this was a ./Official_Sensitive_S_of_S_decision_Brittain_15166__Redacted_2.pdf:preliminary incident of sexually inappropriate behaviour pursuant to subsequent actions. ./Official_Sensitive_S_of_S_decision_Brittain_15166__Redacted_2.pdf- ./Official_Sensitive_S_of_S_decision_Brittain_15166__Redacted_2.pdf: b) Engaging in sexual penetration and/or sexual touching with Pupil A in the ./Official_Sensitive_S_of_S_decision_Brittain_15166__Redacted_2.pdf- Mancroft Room; ./Official_Sensitive_S_of_S_decision_Brittain_15166__Redacted_2.pdf- ./Official_Sensitive_S_of_S_decision_Brittain_15166__Redacted_2.pdf- ./Official_Sensitive_S_of_S_decision_Brittain_15166__Redacted_2.pdf- ./Official_Sensitive_S_of_S_decision_Brittain_15166__Redacted_2.pdf- ./Official_Sensitive_S_of_S_decision_Brittain_15166__Redacted_2.pdf- 17 ./Official_Sensitive_S_of_S_decision_Brittain_15166__Redacted_2.pdf- -- ./Official_Sensitive_S_of_S_decision_Brittain_15166__Redacted_2.pdf: c) Engaging in sexual penetration and/or sexual touching with Pupil A in the ./Official_Sensitive_S_of_S_decision_Brittain_15166__Redacted_2.pdf- TV room; ./Official_Sensitive_S_of_S_decision_Brittain_15166__Redacted_2.pdf- ./Official_Sensitive_S_of_S_decision_Brittain_15166__Redacted_2.pdf: d) Engaging in sexual penetration and/or sexual touching with Pupil A in the ./Official_Sensitive_S_of_S_decision_Brittain_15166__Redacted_2.pdf- Lawrence Room. ./Official_Sensitive_S_of_S_decision_Brittain_15166__Redacted_2.pdf- ./Official_Sensitive_S_of_S_decision_Brittain_15166__Redacted_2.pdf-The panel has resolved to consider these particulars of the allegation together. Pupil A ./Official_Sensitive_S_of_S_decision_Brittain_15166__Redacted_2.pdf:stated that the sexual activity occurred on diverse dates in each of these locations. ./Official_Sensitive_S_of_S_decision_Brittain_15166__Redacted_2.pdf-There was nothing about any of the locations that particularly distinguished one from the ./Official_Sensitive_S_of_S_decision_Brittain_15166__Redacted_2.pdf-other. Each were communal areas into which other pupils could have and indeed did ./Official_Sensitive_S_of_S_decision_Brittain_15166__Redacted_2.pdf-enter. ./Official_Sensitive_S_of_S_decision_Brittain_15166__Redacted_2.pdf- ./Official_Sensitive_S_of_S_decision_Brittain_15166__Redacted_2.pdf:However, the panel was persuaded by the clarity of Pupil A's evidence that sexual activity ./Official_Sensitive_S_of_S_decision_Brittain_15166__Redacted_2.pdf:in the form of sexual touching took place and that this related to both Mr Brittain touching ./Official_Sensitive_S_of_S_decision_Brittain_15166__Redacted_2.pdf-her vaginal area, and her masturbating Mr Brittain. ./Official_Sensitive_S_of_S_decision_Brittain_15166__Redacted_2.pdf- ./Official_Sensitive_S_of_S_decision_Brittain_15166__Redacted_2.pdf-The panel notes that when first asked about digital penetration, in the ABE interview, ./Official_Sensitive_S_of_S_decision_Brittain_15166__Redacted_2.pdf-Pupil A stated that she 'could not remember' and was subsequently less clear about ./Official_Sensitive_S_of_S_decision_Brittain_15166__Redacted_2.pdf-whether actual digital penetration had taken place as opposed to intimate touching of her ./Official_Sensitive_S_of_S_decision_Brittain_15166__Redacted_2.pdf-vaginal area. For example at the criminal trial she stated that Mr Brittain was 'trying' to ./Official_Sensitive_S_of_S_decision_Brittain_15166__Redacted_2.pdf-digitally penetrate her (page 140) and was not clear that this action had fully taken place. ./Official_Sensitive_S_of_S_decision_Brittain_15166__Redacted_2.pdf- ./Official_Sensitive_S_of_S_decision_Brittain_15166__Redacted_2.pdf:However, Pupil A was completely clear about both the fact of sexual touching of her by ./Official_Sensitive_S_of_S_decision_Brittain_15166__Redacted_2.pdf-Mr Brittain, and also of her touching his private areas. The panel is thus satisfied that this ./Official_Sensitive_S_of_S_decision_Brittain_15166__Redacted_2.pdf-allegation is proven on the balance of probabilities in relation to each of b) to d) on the ./Official_Sensitive_S_of_S_decision_Brittain_15166__Redacted_2.pdf:basis that Mr Brittain engaged in sexual touching of Pupil A in each of the above ./Official_Sensitive_S_of_S_decision_Brittain_15166__Redacted_2.pdf-locations on dates between 2013 and 2014. ./Official_Sensitive_S_of_S_decision_Brittain_15166__Redacted_2.pdf- ./Official_Sensitive_S_of_S_decision_Brittain_15166__Redacted_2.pdf-There was also an allegation by Pupil A that Mr Brittain had attempted to take her into a ./Official_Sensitive_S_of_S_decision_Brittain_15166__Redacted_2.pdf:toilet and engaged in sexual touching. Mr Brittain denied this. However this is not a ./Official_Sensitive_S_of_S_decision_Brittain_15166__Redacted_2.pdf-separate allegation. The panel is not of the view that resolving this factual dispute has ./Official_Sensitive_S_of_S_decision_Brittain_15166__Redacted_2.pdf-any bearing on the other allegations, and there was nothing about the factual background ./Official_Sensitive_S_of_S_decision_Brittain_15166__Redacted_2.pdf-to this complaint which undermined the credibility of Pupil A's evidence, or supported Mr ./Official_Sensitive_S_of_S_decision_Brittain_15166__Redacted_2.pdf-Brittain's account, with regards to the matters alleged at Allegations 1 b) to d). Again, ./Official_Sensitive_S_of_S_decision_Brittain_15166__Redacted_2.pdf-Pupil A has always given a broadly consistent account of this event, and Mr Brittain has ./Official_Sensitive_S_of_S_decision_Brittain_15166__Redacted_2.pdf-always denied it. ./Official_Sensitive_S_of_S_decision_Brittain_15166__Redacted_2.pdf- ./Official_Sensitive_S_of_S_decision_Brittain_15166__Redacted_2.pdf- ./Official_Sensitive_S_of_S_decision_Brittain_15166__Redacted_2.pdf:2. Your conduct as may be found proven at allegation 1 above was sexually ./Official_Sensitive_S_of_S_decision_Brittain_15166__Redacted_2.pdf- motivated. ./Official_Sensitive_S_of_S_decision_Brittain_15166__Redacted_2.pdf- ./Official_Sensitive_S_of_S_decision_Brittain_15166__Redacted_2.pdf- ./Official_Sensitive_S_of_S_decision_Brittain_15166__Redacted_2.pdf-The panel has gone on to consider whether those particulars and elements of allegations ./Official_Sensitive_S_of_S_decision_Brittain_15166__Redacted_2.pdf:1 found proven (b), c) and d)) amount to conduct which was sexually motivated. ./Official_Sensitive_S_of_S_decision_Brittain_15166__Redacted_2.pdf- ./Official_Sensitive_S_of_S_decision_Brittain_15166__Redacted_2.pdf- ./Official_Sensitive_S_of_S_decision_Brittain_15166__Redacted_2.pdf- ./Official_Sensitive_S_of_S_decision_Brittain_15166__Redacted_2.pdf- ./Official_Sensitive_S_of_S_decision_Brittain_15166__Redacted_2.pdf- 18 ./Official_Sensitive_S_of_S_decision_Brittain_15166__Redacted_2.pdf- -- ./Official_Sensitive_S_of_S_decision_Brittain_15166__Redacted_2.pdf-The panel has received legal advice in relation to how to approach the issue as to ./Official_Sensitive_S_of_S_decision_Brittain_15166__Redacted_2.pdf:whether conduct can be described as sexually motivated and has accepted that advice. ./Official_Sensitive_S_of_S_decision_Brittain_15166__Redacted_2.pdf- ./Official_Sensitive_S_of_S_decision_Brittain_15166__Redacted_2.pdf-The panel has assessed in detail the circumstances in which the conduct took place to ./Official_Sensitive_S_of_S_decision_Brittain_15166__Redacted_2.pdf:consider whether, on the balance of probabilities, a sexual motivation on the part of Mr ./Official_Sensitive_S_of_S_decision_Brittain_15166__Redacted_2.pdf-Brittain can be inferred in as far as it could be said that his actions were motivated by an ./Official_Sensitive_S_of_S_decision_Brittain_15166__Redacted_2.pdf:intention to obtain sexual gratification. ./Official_Sensitive_S_of_S_decision_Brittain_15166__Redacted_2.pdf- ./Official_Sensitive_S_of_S_decision_Brittain_15166__Redacted_2.pdf:The panel is satisfied that Mr Brittain's conduct at allegations 1 b) to d) was clearly sexual ./Official_Sensitive_S_of_S_decision_Brittain_15166__Redacted_2.pdf:activity and this was motivated by his desire for sexual gratification and was therefore ./Official_Sensitive_S_of_S_decision_Brittain_15166__Redacted_2.pdf:sexually motivated. ./Official_Sensitive_S_of_S_decision_Brittain_15166__Redacted_2.pdf- ./Official_Sensitive_S_of_S_decision_Brittain_15166__Redacted_2.pdf-The panel is satisfied that allegation 2 is found proven to this extent. ./Official_Sensitive_S_of_S_decision_Brittain_15166__Redacted_2.pdf- ./Official_Sensitive_S_of_S_decision_Brittain_15166__Redacted_2.pdf-Findings as to unacceptable professional conduct and/or conduct that ./Official_Sensitive_S_of_S_decision_Brittain_15166__Redacted_2.pdf-may bring the profession into disrepute ./Official_Sensitive_S_of_S_decision_Brittain_15166__Redacted_2.pdf-Having found a number of the allegations to have been proven, the panel has gone on to ./Official_Sensitive_S_of_S_decision_Brittain_15166__Redacted_2.pdf-consider whether the facts of those proven allegations amount to unacceptable ./Official_Sensitive_S_of_S_decision_Brittain_15166__Redacted_2.pdf-professional conduct and/or conduct that may bring the profession into disrepute. ./Official_Sensitive_S_of_S_decision_Brittain_15166__Redacted_2.pdf- ./Official_Sensitive_S_of_S_decision_Brittain_15166__Redacted_2.pdf-In doing so, the panel has had regard to the document Teacher Misconduct: The -- ./Official_Sensitive_S_of_S_decision_Brittain_15166__Redacted_2.pdf- o having regard for the need to safeguard pupils’ well-being, in accordance with ./Official_Sensitive_S_of_S_decision_Brittain_15166__Redacted_2.pdf- statutory provisions … ./Official_Sensitive_S_of_S_decision_Brittain_15166__Redacted_2.pdf-  Teachers must have an understanding of, and always act within, the statutory ./Official_Sensitive_S_of_S_decision_Brittain_15166__Redacted_2.pdf- frameworks which set out their professional duties and responsibilities. ./Official_Sensitive_S_of_S_decision_Brittain_15166__Redacted_2.pdf-The panel is satisfied that the conduct of Mr Brittain amounts to misconduct of a serious ./Official_Sensitive_S_of_S_decision_Brittain_15166__Redacted_2.pdf-nature which fell significantly short of the standards expected of the profession. ./Official_Sensitive_S_of_S_decision_Brittain_15166__Redacted_2.pdf- ./Official_Sensitive_S_of_S_decision_Brittain_15166__Redacted_2.pdf-The panel has also considered whether Mr Brittain's conduct displayed behaviours ./Official_Sensitive_S_of_S_decision_Brittain_15166__Redacted_2.pdf-associated with any of the offences listed on pages 10 and 11 of the Advice. The panel is ./Official_Sensitive_S_of_S_decision_Brittain_15166__Redacted_2.pdf-satisfied that Mr Brittain has involved himself in unacceptable professional conduct which ./Official_Sensitive_S_of_S_decision_Brittain_15166__Redacted_2.pdf:involves sexual misconduct, and it can also be said that this behaviour is directly ./Official_Sensitive_S_of_S_decision_Brittain_15166__Redacted_2.pdf- ./Official_Sensitive_S_of_S_decision_Brittain_15166__Redacted_2.pdf- ./Official_Sensitive_S_of_S_decision_Brittain_15166__Redacted_2.pdf- 19 ./Official_Sensitive_S_of_S_decision_Brittain_15166__Redacted_2.pdf- -- ./Official_Sensitive_S_of_S_decision_Brittain_15166__Redacted_2.pdf:associated with unlawful sexual activity. In consequence, the panel has found that this ./Official_Sensitive_S_of_S_decision_Brittain_15166__Redacted_2.pdf-behaviour, listed on pages 10 and 11 of the Advice, is relevant. ./Official_Sensitive_S_of_S_decision_Brittain_15166__Redacted_2.pdf- ./Official_Sensitive_S_of_S_decision_Brittain_15166__Redacted_2.pdf-Such behaviour by Mr Brittain represents a departure from the statutory frameworks ./Official_Sensitive_S_of_S_decision_Brittain_15166__Redacted_2.pdf-within which teachers are required to work relating to safeguarding and consideration of ./Official_Sensitive_S_of_S_decision_Brittain_15166__Redacted_2.pdf-the best interests and welfare of pupils. ./Official_Sensitive_S_of_S_decision_Brittain_15166__Redacted_2.pdf- ./Official_Sensitive_S_of_S_decision_Brittain_15166__Redacted_2.pdf-This conduct clearly affects the way Mr Brittain fulfils his teaching role and could lead to ./Official_Sensitive_S_of_S_decision_Brittain_15166__Redacted_2.pdf-pupils being exposed to or influenced by his behaviour in a harmful way. The panel is ./Official_Sensitive_S_of_S_decision_Brittain_15166__Redacted_2.pdf-satisfied that Mr Brittain's conduct in relation to the allegations found proven amounts to ./Official_Sensitive_S_of_S_decision_Brittain_15166__Redacted_2.pdf-unacceptable professional conduct. -- ./Official_Sensitive_S_of_S_decision_Brittain_15166__Redacted_2.pdf-In considering whether to recommend to the Secretary of State that a prohibition order ./Official_Sensitive_S_of_S_decision_Brittain_15166__Redacted_2.pdf-should be made, the panel has to consider whether it is an appropriate and proportionate ./Official_Sensitive_S_of_S_decision_Brittain_15166__Redacted_2.pdf-measure, and whether it is in the public interest to do so. Prohibition orders should not be ./Official_Sensitive_S_of_S_decision_Brittain_15166__Redacted_2.pdf-given in order to be punitive, or to show that blame has been apportioned, although they ./Official_Sensitive_S_of_S_decision_Brittain_15166__Redacted_2.pdf-are likely to have punitive effect. ./Official_Sensitive_S_of_S_decision_Brittain_15166__Redacted_2.pdf- ./Official_Sensitive_S_of_S_decision_Brittain_15166__Redacted_2.pdf-The panel has considered the particular public interest considerations set out in the ./Official_Sensitive_S_of_S_decision_Brittain_15166__Redacted_2.pdf-Advice and having done so has found a number of them to be relevant in this case. ./Official_Sensitive_S_of_S_decision_Brittain_15166__Redacted_2.pdf- ./Official_Sensitive_S_of_S_decision_Brittain_15166__Redacted_2.pdf-In light of the panel’s findings against Mr Brittain which involved his engagement in ./Official_Sensitive_S_of_S_decision_Brittain_15166__Redacted_2.pdf:inappropriate sexual activity with Pupil A, there is a strong public interest consideration in ./Official_Sensitive_S_of_S_decision_Brittain_15166__Redacted_2.pdf-respect of the protection of pupils, the maintenance of public confidence in the profession ./Official_Sensitive_S_of_S_decision_Brittain_15166__Redacted_2.pdf-and declaring and upholding proper standards of conduct. ./Official_Sensitive_S_of_S_decision_Brittain_15166__Redacted_2.pdf- ./Official_Sensitive_S_of_S_decision_Brittain_15166__Redacted_2.pdf- ./Official_Sensitive_S_of_S_decision_Brittain_15166__Redacted_2.pdf- ./Official_Sensitive_S_of_S_decision_Brittain_15166__Redacted_2.pdf- ./Official_Sensitive_S_of_S_decision_Brittain_15166__Redacted_2.pdf- 20 ./Official_Sensitive_S_of_S_decision_Brittain_15166__Redacted_2.pdf- -- ./Official_Sensitive_S_of_S_decision_Brittain_15166__Redacted_2.pdf-The panel took further account of the Advice, which suggests that a prohibition order may ./Official_Sensitive_S_of_S_decision_Brittain_15166__Redacted_2.pdf-be appropriate if certain behaviours of a teacher have been proven. In the list of such ./Official_Sensitive_S_of_S_decision_Brittain_15166__Redacted_2.pdf-behaviours, those that are relevant in this case are: ./Official_Sensitive_S_of_S_decision_Brittain_15166__Redacted_2.pdf- ./Official_Sensitive_S_of_S_decision_Brittain_15166__Redacted_2.pdf-  serious departure from the personal and professional conduct elements of the ./Official_Sensitive_S_of_S_decision_Brittain_15166__Redacted_2.pdf- Teachers’ Standards; ./Official_Sensitive_S_of_S_decision_Brittain_15166__Redacted_2.pdf-  misconduct seriously affecting the education and/or well-being of pupils, and ./Official_Sensitive_S_of_S_decision_Brittain_15166__Redacted_2.pdf- particularly where there is a continuing risk; ./Official_Sensitive_S_of_S_decision_Brittain_15166__Redacted_2.pdf-  abuse of position or trust (particularly involving vulnerable pupils) or violation of the ./Official_Sensitive_S_of_S_decision_Brittain_15166__Redacted_2.pdf- rights of pupils; ./Official_Sensitive_S_of_S_decision_Brittain_15166__Redacted_2.pdf:  sexual misconduct, eg involving actions that were sexually motivated or of a ./Official_Sensitive_S_of_S_decision_Brittain_15166__Redacted_2.pdf: sexual nature and/or that use or exploit the trust, knowledge or influence derived ./Official_Sensitive_S_of_S_decision_Brittain_15166__Redacted_2.pdf- from the individual’s professional position. ./Official_Sensitive_S_of_S_decision_Brittain_15166__Redacted_2.pdf-Even though there were behaviours that would point to a prohibition order being ./Official_Sensitive_S_of_S_decision_Brittain_15166__Redacted_2.pdf-appropriate, the panel went on to consider whether or not there were sufficient mitigating ./Official_Sensitive_S_of_S_decision_Brittain_15166__Redacted_2.pdf-factors to militate against a prohibition order being an appropriate and proportionate ./Official_Sensitive_S_of_S_decision_Brittain_15166__Redacted_2.pdf-measure to impose, particularly taking into account the nature and severity of the ./Official_Sensitive_S_of_S_decision_Brittain_15166__Redacted_2.pdf-behaviour in this case. ./Official_Sensitive_S_of_S_decision_Brittain_15166__Redacted_2.pdf- ./Official_Sensitive_S_of_S_decision_Brittain_15166__Redacted_2.pdf-Mr Brittain had a previously good record as a teacher. However, Mr Brittain's conduct ./Official_Sensitive_S_of_S_decision_Brittain_15166__Redacted_2.pdf-was deliberate and there was no evidence that he was acting under duress. ./Official_Sensitive_S_of_S_decision_Brittain_15166__Redacted_2.pdf- -- ./Official_Sensitive_S_of_S_decision_Brittain_15166__Redacted_2.pdf-immediate effect. ./Official_Sensitive_S_of_S_decision_Brittain_15166__Redacted_2.pdf- ./Official_Sensitive_S_of_S_decision_Brittain_15166__Redacted_2.pdf-The panel went on to consider whether or not it would be appropriate for it to recommend ./Official_Sensitive_S_of_S_decision_Brittain_15166__Redacted_2.pdf-that a review period of the order should be considered. The panel were mindful that the ./Official_Sensitive_S_of_S_decision_Brittain_15166__Redacted_2.pdf-Advice advises that a prohibition order applies for life, but there may be circumstances in ./Official_Sensitive_S_of_S_decision_Brittain_15166__Redacted_2.pdf-any given case that may make it appropriate to allow a teacher to apply to have the ./Official_Sensitive_S_of_S_decision_Brittain_15166__Redacted_2.pdf-prohibition order reviewed after a specified period of time that may not be less than 2 ./Official_Sensitive_S_of_S_decision_Brittain_15166__Redacted_2.pdf-years. ./Official_Sensitive_S_of_S_decision_Brittain_15166__Redacted_2.pdf- ./Official_Sensitive_S_of_S_decision_Brittain_15166__Redacted_2.pdf-The Advice indicates that there are behaviours that, if proven, would militate against a ./Official_Sensitive_S_of_S_decision_Brittain_15166__Redacted_2.pdf:review period being recommended. One of these behaviours includes serious sexual ./Official_Sensitive_S_of_S_decision_Brittain_15166__Redacted_2.pdf:misconduct, eg where the act was sexually motivated and resulted in or had the potential ./Official_Sensitive_S_of_S_decision_Brittain_15166__Redacted_2.pdf-to result in, harm to a person or persons, particularly where the individual has used their ./Official_Sensitive_S_of_S_decision_Brittain_15166__Redacted_2.pdf-professional position to influence or exploit a person or persons. ./Official_Sensitive_S_of_S_decision_Brittain_15166__Redacted_2.pdf- ./Official_Sensitive_S_of_S_decision_Brittain_15166__Redacted_2.pdf:The panel has found that Mr Brittain has been responsible for sexually motivated ./Official_Sensitive_S_of_S_decision_Brittain_15166__Redacted_2.pdf-behaviour which had an adverse impact on the welfare of Pupil A. Mr Brittain did not ./Official_Sensitive_S_of_S_decision_Brittain_15166__Redacted_2.pdf-demonstrate any insight into his behaviour. ./Official_Sensitive_S_of_S_decision_Brittain_15166__Redacted_2.pdf- ./Official_Sensitive_S_of_S_decision_Brittain_15166__Redacted_2.pdf-The panel felt the findings indicated a situation in which a review period would not be ./Official_Sensitive_S_of_S_decision_Brittain_15166__Redacted_2.pdf-appropriate and as such decided that it would be proportionate in all the circumstances ./Official_Sensitive_S_of_S_decision_Brittain_15166__Redacted_2.pdf-for the prohibition order to be recommended without provision for a review period. ./Official_Sensitive_S_of_S_decision_Brittain_15166__Redacted_2.pdf- ./Official_Sensitive_S_of_S_decision_Brittain_15166__Redacted_2.pdf- ./Official_Sensitive_S_of_S_decision_Brittain_15166__Redacted_2.pdf- ./Official_Sensitive_S_of_S_decision_Brittain_15166__Redacted_2.pdf- -- ./Official_Sensitive_S_of_S_decision_Brittain_15166__Redacted_2.pdf- statutory provisions … ./Official_Sensitive_S_of_S_decision_Brittain_15166__Redacted_2.pdf-  Teachers must have an understanding of, and always act within, the statutory ./Official_Sensitive_S_of_S_decision_Brittain_15166__Redacted_2.pdf- frameworks which set out their professional duties and responsibilities. ./Official_Sensitive_S_of_S_decision_Brittain_15166__Redacted_2.pdf-The panel has also set out that it “is satisfied that the conduct of Mr Brittain amounts to ./Official_Sensitive_S_of_S_decision_Brittain_15166__Redacted_2.pdf-misconduct of a serious nature which fell significantly short of the standards expected of ./Official_Sensitive_S_of_S_decision_Brittain_15166__Redacted_2.pdf-the profession.” ./Official_Sensitive_S_of_S_decision_Brittain_15166__Redacted_2.pdf- ./Official_Sensitive_S_of_S_decision_Brittain_15166__Redacted_2.pdf-The panel has also considered whether Mr Brittain's conduct displayed behaviours ./Official_Sensitive_S_of_S_decision_Brittain_15166__Redacted_2.pdf-associated with any of the offences listed on pages 10 and 11 of the Advice. The panel ./Official_Sensitive_S_of_S_decision_Brittain_15166__Redacted_2.pdf-has said that it “is satisfied that Mr Brittain has involved himself in unacceptable ./Official_Sensitive_S_of_S_decision_Brittain_15166__Redacted_2.pdf:professional conduct which involves sexual misconduct, and it can also be said that this ./Official_Sensitive_S_of_S_decision_Brittain_15166__Redacted_2.pdf:behaviour is directly associated with unlawful sexual activity. In consequence, the panel ./Official_Sensitive_S_of_S_decision_Brittain_15166__Redacted_2.pdf-has found that this behaviour, listed on pages 10 and 11 of the Advice, is relevant.” ./Official_Sensitive_S_of_S_decision_Brittain_15166__Redacted_2.pdf- ./Official_Sensitive_S_of_S_decision_Brittain_15166__Redacted_2.pdf-The findings of misconduct in this case are particularly serious as they include a finding ./Official_Sensitive_S_of_S_decision_Brittain_15166__Redacted_2.pdf:of sexual misconduct. ./Official_Sensitive_S_of_S_decision_Brittain_15166__Redacted_2.pdf- ./Official_Sensitive_S_of_S_decision_Brittain_15166__Redacted_2.pdf-I have to determine whether the imposition of a prohibition order is proportionate and in ./Official_Sensitive_S_of_S_decision_Brittain_15166__Redacted_2.pdf-the public interest. In considering that for this case, I have considered the overall aim of a ./Official_Sensitive_S_of_S_decision_Brittain_15166__Redacted_2.pdf-prohibition order which is to protect pupils and to maintain public confidence in the ./Official_Sensitive_S_of_S_decision_Brittain_15166__Redacted_2.pdf- ./Official_Sensitive_S_of_S_decision_Brittain_15166__Redacted_2.pdf- ./Official_Sensitive_S_of_S_decision_Brittain_15166__Redacted_2.pdf- 23 ./Official_Sensitive_S_of_S_decision_Brittain_15166__Redacted_2.pdf- -- ./Official_Sensitive_S_of_S_decision_Brittain_15166__Redacted_2.pdf-into his behaviour.” ./Official_Sensitive_S_of_S_decision_Brittain_15166__Redacted_2.pdf- ./Official_Sensitive_S_of_S_decision_Brittain_15166__Redacted_2.pdf-In my judgement, the lack of insight means that there is some risk of the repetition of this ./Official_Sensitive_S_of_S_decision_Brittain_15166__Redacted_2.pdf-behaviour and this puts at risk the future well-being of pupils. I have therefore given this ./Official_Sensitive_S_of_S_decision_Brittain_15166__Redacted_2.pdf-element considerable weight in reaching my decision. ./Official_Sensitive_S_of_S_decision_Brittain_15166__Redacted_2.pdf- ./Official_Sensitive_S_of_S_decision_Brittain_15166__Redacted_2.pdf-I have gone on to consider the extent to which a prohibition order would maintain public ./Official_Sensitive_S_of_S_decision_Brittain_15166__Redacted_2.pdf-confidence in the profession. The panel observe that the, “findings of misconduct are ./Official_Sensitive_S_of_S_decision_Brittain_15166__Redacted_2.pdf-serious and the conduct displayed would likely have a negative impact on the individual’s ./Official_Sensitive_S_of_S_decision_Brittain_15166__Redacted_2.pdf-status as a teacher, potentially damaging the public perception.” I am particularly mindful ./Official_Sensitive_S_of_S_decision_Brittain_15166__Redacted_2.pdf:of the finding of sexual misconduct in this case and the impact that such a finding has on ./Official_Sensitive_S_of_S_decision_Brittain_15166__Redacted_2.pdf-the reputation of the profession. ./Official_Sensitive_S_of_S_decision_Brittain_15166__Redacted_2.pdf- ./Official_Sensitive_S_of_S_decision_Brittain_15166__Redacted_2.pdf-I have had to consider that the public has a high expectation of professional standards of ./Official_Sensitive_S_of_S_decision_Brittain_15166__Redacted_2.pdf-all teachers and that the public might regard a failure to impose a prohibition order as a ./Official_Sensitive_S_of_S_decision_Brittain_15166__Redacted_2.pdf-failure to uphold those high standards. In weighing these considerations, I have had to ./Official_Sensitive_S_of_S_decision_Brittain_15166__Redacted_2.pdf-consider the matter from the point of view of an “ordinary intelligent and well-informed ./Official_Sensitive_S_of_S_decision_Brittain_15166__Redacted_2.pdf-citizen.” ./Official_Sensitive_S_of_S_decision_Brittain_15166__Redacted_2.pdf- ./Official_Sensitive_S_of_S_decision_Brittain_15166__Redacted_2.pdf-I have considered whether the publication of a finding of unacceptable professional ./Official_Sensitive_S_of_S_decision_Brittain_15166__Redacted_2.pdf-conduct, in the absence of a prohibition order, can itself be regarded by such a person as -- ./Official_Sensitive_S_of_S_decision_Brittain_15166__Redacted_2.pdf-not backed up by insight, does not in my view satisfy the public interest requirement ./Official_Sensitive_S_of_S_decision_Brittain_15166__Redacted_2.pdf-concerning public confidence in the profession. ./Official_Sensitive_S_of_S_decision_Brittain_15166__Redacted_2.pdf- ./Official_Sensitive_S_of_S_decision_Brittain_15166__Redacted_2.pdf-For these reasons, I have concluded that a prohibition order is proportionate and in the ./Official_Sensitive_S_of_S_decision_Brittain_15166__Redacted_2.pdf-public interest in order to achieve the intended aims of a prohibition order. ./Official_Sensitive_S_of_S_decision_Brittain_15166__Redacted_2.pdf- ./Official_Sensitive_S_of_S_decision_Brittain_15166__Redacted_2.pdf-I have gone on to consider the matter of a review period. In this case, the panel has ./Official_Sensitive_S_of_S_decision_Brittain_15166__Redacted_2.pdf-recommended that no provision should be made for a review period. ./Official_Sensitive_S_of_S_decision_Brittain_15166__Redacted_2.pdf- ./Official_Sensitive_S_of_S_decision_Brittain_15166__Redacted_2.pdf-I have considered the panel’s comments “The panel has found that Mr Brittain has been ./Official_Sensitive_S_of_S_decision_Brittain_15166__Redacted_2.pdf:responsible for sexually motivated behaviour which had an adverse impact on the welfare ./Official_Sensitive_S_of_S_decision_Brittain_15166__Redacted_2.pdf-of Pupil A. Mr Brittain did not demonstrate any insight into his behaviour.” ./Official_Sensitive_S_of_S_decision_Brittain_15166__Redacted_2.pdf- ./Official_Sensitive_S_of_S_decision_Brittain_15166__Redacted_2.pdf-I have considered whether allowing for no review period reflects the seriousness of the ./Official_Sensitive_S_of_S_decision_Brittain_15166__Redacted_2.pdf-findings and is proportionate to achieve the aim of maintaining public confidence in the ./Official_Sensitive_S_of_S_decision_Brittain_15166__Redacted_2.pdf-profession. In this case, three factors mean that a no review period is necessary to ./Official_Sensitive_S_of_S_decision_Brittain_15166__Redacted_2.pdf-achieve the aim of maintaining public confidence in the profession. These elements are ./Official_Sensitive_S_of_S_decision_Brittain_15166__Redacted_2.pdf:the sexual misconduct found, the impact on the welfare of Pupil A and the lack of insight. ./Official_Sensitive_S_of_S_decision_Brittain_15166__Redacted_2.pdf- ./Official_Sensitive_S_of_S_decision_Brittain_15166__Redacted_2.pdf-I consider therefore that allowing for no review period is necessary to maintain public ./Official_Sensitive_S_of_S_decision_Brittain_15166__Redacted_2.pdf-confidence and is proportionate and in the public interest. ./Official_Sensitive_S_of_S_decision_Brittain_15166__Redacted_2.pdf- ./Official_Sensitive_S_of_S_decision_Brittain_15166__Redacted_2.pdf-This means that Mr Robbie Brittain is prohibited from teaching indefinitely and ./Official_Sensitive_S_of_S_decision_Brittain_15166__Redacted_2.pdf-cannot teach in any school, sixth form college, relevant youth accommodation or ./Official_Sensitive_S_of_S_decision_Brittain_15166__Redacted_2.pdf-children’s home in England. Furthermore, in view of the seriousness of the allegations ./Official_Sensitive_S_of_S_decision_Brittain_15166__Redacted_2.pdf-found proved against him, I have decided that Mr Robbie Brittain shall not be entitled to ./Official_Sensitive_S_of_S_decision_Brittain_15166__Redacted_2.pdf-apply for restoration of his eligibility to teach. ./Official_Sensitive_S_of_S_decision_Brittain_15166__Redacted_2.pdf- ./OFFICIAL_SENSITIVE_Tamjidi_Shovan_-_SoS_decisionREDACTED_Web_Approval.pdf-Teacher: Mr Shovan Tamjidi ./OFFICIAL_SENSITIVE_Tamjidi_Shovan_-_SoS_decisionREDACTED_Web_Approval.pdf- ./OFFICIAL_SENSITIVE_Tamjidi_Shovan_-_SoS_decisionREDACTED_Web_Approval.pdf-Teacher ref number: 1336454 ./OFFICIAL_SENSITIVE_Tamjidi_Shovan_-_SoS_decisionREDACTED_Web_Approval.pdf- ./OFFICIAL_SENSITIVE_Tamjidi_Shovan_-_SoS_decisionREDACTED_Web_Approval.pdf-Teacher date of birth: 21 September 1979 ./OFFICIAL_SENSITIVE_Tamjidi_Shovan_-_SoS_decisionREDACTED_Web_Approval.pdf- ./OFFICIAL_SENSITIVE_Tamjidi_Shovan_-_SoS_decisionREDACTED_Web_Approval.pdf-TRA reference: 18789 ./OFFICIAL_SENSITIVE_Tamjidi_Shovan_-_SoS_decisionREDACTED_Web_Approval.pdf- ./OFFICIAL_SENSITIVE_Tamjidi_Shovan_-_SoS_decisionREDACTED_Web_Approval.pdf-Date of determination: 15 November 2021 ./OFFICIAL_SENSITIVE_Tamjidi_Shovan_-_SoS_decisionREDACTED_Web_Approval.pdf- ./OFFICIAL_SENSITIVE_Tamjidi_Shovan_-_SoS_decisionREDACTED_Web_Approval.pdf:Former employer: JFS School, Middlesex ./OFFICIAL_SENSITIVE_Tamjidi_Shovan_-_SoS_decisionREDACTED_Web_Approval.pdf- ./OFFICIAL_SENSITIVE_Tamjidi_Shovan_-_SoS_decisionREDACTED_Web_Approval.pdf- ./OFFICIAL_SENSITIVE_Tamjidi_Shovan_-_SoS_decisionREDACTED_Web_Approval.pdf-Introduction ./OFFICIAL_SENSITIVE_Tamjidi_Shovan_-_SoS_decisionREDACTED_Web_Approval.pdf-A professional conduct panel (“the panel”) of the Teaching Regulation Agency (“the ./OFFICIAL_SENSITIVE_Tamjidi_Shovan_-_SoS_decisionREDACTED_Web_Approval.pdf-TRA”) convened on 15 November 2021 by way of a virtual hearing, to consider the case ./OFFICIAL_SENSITIVE_Tamjidi_Shovan_-_SoS_decisionREDACTED_Web_Approval.pdf-of Mr Shovan Tamjidi. ./OFFICIAL_SENSITIVE_Tamjidi_Shovan_-_SoS_decisionREDACTED_Web_Approval.pdf- ./OFFICIAL_SENSITIVE_Tamjidi_Shovan_-_SoS_decisionREDACTED_Web_Approval.pdf-The panel members were Ms Patricia Hunt (former teacher panellist – in the chair), Mr ./OFFICIAL_SENSITIVE_Tamjidi_Shovan_-_SoS_decisionREDACTED_Web_Approval.pdf-Steve Woodhouse (teacher panellist) and Ms Claire Bentley (lay panellist). ./OFFICIAL_SENSITIVE_Tamjidi_Shovan_-_SoS_decisionREDACTED_Web_Approval.pdf- -- ./OFFICIAL_SENSITIVE_Tamjidi_Shovan_-_SoS_decisionREDACTED_Web_Approval.pdf:sign the sex offenders register, both for a period of 10 years. ./OFFICIAL_SENSITIVE_Tamjidi_Shovan_-_SoS_decisionREDACTED_Web_Approval.pdf- ./OFFICIAL_SENSITIVE_Tamjidi_Shovan_-_SoS_decisionREDACTED_Web_Approval.pdf-Findings of fact ./OFFICIAL_SENSITIVE_Tamjidi_Shovan_-_SoS_decisionREDACTED_Web_Approval.pdf- ./OFFICIAL_SENSITIVE_Tamjidi_Shovan_-_SoS_decisionREDACTED_Web_Approval.pdf-The findings of fact are as follows: ./OFFICIAL_SENSITIVE_Tamjidi_Shovan_-_SoS_decisionREDACTED_Web_Approval.pdf- ./OFFICIAL_SENSITIVE_Tamjidi_Shovan_-_SoS_decisionREDACTED_Web_Approval.pdf-The panel found the following particulars of the allegation against you proved, for these ./OFFICIAL_SENSITIVE_Tamjidi_Shovan_-_SoS_decisionREDACTED_Web_Approval.pdf-reasons: ./OFFICIAL_SENSITIVE_Tamjidi_Shovan_-_SoS_decisionREDACTED_Web_Approval.pdf- ./OFFICIAL_SENSITIVE_Tamjidi_Shovan_-_SoS_decisionREDACTED_Web_Approval.pdf-1. On or around 03/12/2019 you were convicted in the North West London ./OFFICIAL_SENSITIVE_Tamjidi_Shovan_-_SoS_decisionREDACTED_Web_Approval.pdf- Magistrates Court of three counts of the following relevant offence: -- ./OFFICIAL_SENSITIVE_Tamjidi_Shovan_-_SoS_decisionREDACTED_Web_Approval.pdf- ./OFFICIAL_SENSITIVE_Tamjidi_Shovan_-_SoS_decisionREDACTED_Web_Approval.pdf-The panel noted that the behaviour involved in committing the offence could have had an ./OFFICIAL_SENSITIVE_Tamjidi_Shovan_-_SoS_decisionREDACTED_Web_Approval.pdf-impact on the safety and/or security of pupils and/or members of the public. ./OFFICIAL_SENSITIVE_Tamjidi_Shovan_-_SoS_decisionREDACTED_Web_Approval.pdf- ./OFFICIAL_SENSITIVE_Tamjidi_Shovan_-_SoS_decisionREDACTED_Web_Approval.pdf-The panel also took account of the way the teaching profession is viewed by others. The ./OFFICIAL_SENSITIVE_Tamjidi_Shovan_-_SoS_decisionREDACTED_Web_Approval.pdf-panel considered that Mr Tamjidi’s behaviour in committing the offence could affect ./OFFICIAL_SENSITIVE_Tamjidi_Shovan_-_SoS_decisionREDACTED_Web_Approval.pdf-public confidence in the teaching profession, given the influence that teachers may have ./OFFICIAL_SENSITIVE_Tamjidi_Shovan_-_SoS_decisionREDACTED_Web_Approval.pdf-on pupils, parents and others in the community. ./OFFICIAL_SENSITIVE_Tamjidi_Shovan_-_SoS_decisionREDACTED_Web_Approval.pdf- ./OFFICIAL_SENSITIVE_Tamjidi_Shovan_-_SoS_decisionREDACTED_Web_Approval.pdf-The panel noted that Mr Tamjidi’s behaviour ultimately led to a sentence of ./OFFICIAL_SENSITIVE_Tamjidi_Shovan_-_SoS_decisionREDACTED_Web_Approval.pdf:imprisonment, albeit suspended, and to Mr Tamjidi being placed on the sex offenders ./OFFICIAL_SENSITIVE_Tamjidi_Shovan_-_SoS_decisionREDACTED_Web_Approval.pdf-register and being subject to a Sexual Harm Prevention Order for 10 years. The panel ./OFFICIAL_SENSITIVE_Tamjidi_Shovan_-_SoS_decisionREDACTED_Web_Approval.pdf-considered that this was indicative of the seriousness of the offences committed. ./OFFICIAL_SENSITIVE_Tamjidi_Shovan_-_SoS_decisionREDACTED_Web_Approval.pdf- ./OFFICIAL_SENSITIVE_Tamjidi_Shovan_-_SoS_decisionREDACTED_Web_Approval.pdf-This panel noted pages 10 and 11 of the Advice, which state that any activity involving ./OFFICIAL_SENSITIVE_Tamjidi_Shovan_-_SoS_decisionREDACTED_Web_Approval.pdf-viewing, taking, making, possessing, distributing or publishing any indecent photograph ./OFFICIAL_SENSITIVE_Tamjidi_Shovan_-_SoS_decisionREDACTED_Web_Approval.pdf-or image or pseudo photograph or image of a child, or permitting any such activity, ./OFFICIAL_SENSITIVE_Tamjidi_Shovan_-_SoS_decisionREDACTED_Web_Approval.pdf-including one-off incidents, is likely to be considered a relevant offence. ./OFFICIAL_SENSITIVE_Tamjidi_Shovan_-_SoS_decisionREDACTED_Web_Approval.pdf- ./OFFICIAL_SENSITIVE_Tamjidi_Shovan_-_SoS_decisionREDACTED_Web_Approval.pdf-The panel found that the seriousness of the offending behaviour that led to the conviction ./OFFICIAL_SENSITIVE_Tamjidi_Shovan_-_SoS_decisionREDACTED_Web_Approval.pdf-was relevant to Mr Tamjidi’s ongoing suitability to teach. The panel considered that a -- ./OFFICIAL_SENSITIVE_Tamjidi_Shovan_-_SoS_decisionREDACTED_Web_Approval.pdf-in force. ./OFFICIAL_SENSITIVE_Tamjidi_Shovan_-_SoS_decisionREDACTED_Web_Approval.pdf- ./OFFICIAL_SENSITIVE_Tamjidi_Shovan_-_SoS_decisionREDACTED_Web_Approval.pdf-In this case, I have placed considerable weight on the panel’s comments concerning the ./OFFICIAL_SENSITIVE_Tamjidi_Shovan_-_SoS_decisionREDACTED_Web_Approval.pdf-lack of full insight or remorse, as they were not presented with any mitigation or evidence ./OFFICIAL_SENSITIVE_Tamjidi_Shovan_-_SoS_decisionREDACTED_Web_Approval.pdf-of progress made since the conviction and the panel said, “the behaviour involved in ./OFFICIAL_SENSITIVE_Tamjidi_Shovan_-_SoS_decisionREDACTED_Web_Approval.pdf-committing the offence could have had an impact on the safety and/or security of pupils ./OFFICIAL_SENSITIVE_Tamjidi_Shovan_-_SoS_decisionREDACTED_Web_Approval.pdf-and/or members of the public.” ./OFFICIAL_SENSITIVE_Tamjidi_Shovan_-_SoS_decisionREDACTED_Web_Approval.pdf- ./OFFICIAL_SENSITIVE_Tamjidi_Shovan_-_SoS_decisionREDACTED_Web_Approval.pdf-I have also placed considerable weight on the finding of the panel that “Mr Tamjidi’s ./OFFICIAL_SENSITIVE_Tamjidi_Shovan_-_SoS_decisionREDACTED_Web_Approval.pdf-behaviour ultimately led to a sentence of imprisonment, albeit suspended, and to Mr ./OFFICIAL_SENSITIVE_Tamjidi_Shovan_-_SoS_decisionREDACTED_Web_Approval.pdf:Tamjidi being placed on the sex offenders register and being subject to a Sexual Harm ./OFFICIAL_SENSITIVE_Tamjidi_Shovan_-_SoS_decisionREDACTED_Web_Approval.pdf-Prevention Order for 10 years. The panel considered that this was indicative of the ./OFFICIAL_SENSITIVE_Tamjidi_Shovan_-_SoS_decisionREDACTED_Web_Approval.pdf-seriousness of the offences committed”. ./OFFICIAL_SENSITIVE_Tamjidi_Shovan_-_SoS_decisionREDACTED_Web_Approval.pdf- ./OFFICIAL_SENSITIVE_Tamjidi_Shovan_-_SoS_decisionREDACTED_Web_Approval.pdf-I have given less weight in my consideration of sanction therefore, to the contribution that ./OFFICIAL_SENSITIVE_Tamjidi_Shovan_-_SoS_decisionREDACTED_Web_Approval.pdf-Mr Tamjidi has made to the profession. In my view, it is necessary to impose a prohibition ./OFFICIAL_SENSITIVE_Tamjidi_Shovan_-_SoS_decisionREDACTED_Web_Approval.pdf-order in order to maintain public confidence in the profession. A published decision, in ./OFFICIAL_SENSITIVE_Tamjidi_Shovan_-_SoS_decisionREDACTED_Web_Approval.pdf-light of the circumstances in this case, does not in my view satisfy the public interest ./OFFICIAL_SENSITIVE_Tamjidi_Shovan_-_SoS_decisionREDACTED_Web_Approval.pdf-requirement concerning public confidence in the profession. ./OFFICIAL_SENSITIVE_Tamjidi_Shovan_-_SoS_decisionREDACTED_Web_Approval.pdf- ./OFFICIAL_SENSITIVE_Tamjidi_Shovan_-_SoS_decisionREDACTED_Web_Approval.pdf-For these reasons, I have concluded that a prohibition order is proportionate and in the ./OFFICIAL_SENSITIVE_Tidbury_Simon_SoS_decision.pdf- ./OFFICIAL_SENSITIVE_Tidbury_Simon_SoS_decision.pdf- serious departure from the personal and professional conduct elements of the ./OFFICIAL_SENSITIVE_Tidbury_Simon_SoS_decision.pdf- Teachers’ Standards; ./OFFICIAL_SENSITIVE_Tidbury_Simon_SoS_decision.pdf- ./OFFICIAL_SENSITIVE_Tidbury_Simon_SoS_decision.pdf- the commission of a serious criminal offence, including those that resulted in a ./OFFICIAL_SENSITIVE_Tidbury_Simon_SoS_decision.pdf- conviction or caution, paying particular attention to offences that are “relevant ./OFFICIAL_SENSITIVE_Tidbury_Simon_SoS_decision.pdf- matters” for the purposes of the Police Act 1997 and criminal record disclosure; ./OFFICIAL_SENSITIVE_Tidbury_Simon_SoS_decision.pdf- ./OFFICIAL_SENSITIVE_Tidbury_Simon_SoS_decision.pdf- abuse of position or trust…; ./OFFICIAL_SENSITIVE_Tidbury_Simon_SoS_decision.pdf- ./OFFICIAL_SENSITIVE_Tidbury_Simon_SoS_decision.pdf: sexual misconduct, for example, involving actions that were sexually motivated or of a ./OFFICIAL_SENSITIVE_Tidbury_Simon_SoS_decision.pdf: sexual nature and/or that use or exploit the trust, knowledge or influence derived ./OFFICIAL_SENSITIVE_Tidbury_Simon_SoS_decision.pdf- from the individual’s professional position; ./OFFICIAL_SENSITIVE_Tidbury_Simon_SoS_decision.pdf- ./OFFICIAL_SENSITIVE_Tidbury_Simon_SoS_decision.pdf- ./OFFICIAL_SENSITIVE_Tidbury_Simon_SoS_decision.pdf- ./OFFICIAL_SENSITIVE_Tidbury_Simon_SoS_decision.pdf- ./OFFICIAL_SENSITIVE_Tidbury_Simon_SoS_decision.pdf- 7 ./OFFICIAL_SENSITIVE_Tidbury_Simon_SoS_decision.pdf- -- ./OFFICIAL_SENSITIVE_Tidbury_Simon_SoS_decision.pdf-disciplinary order imposed by the Secretary of State, the GTCE or any other body ./OFFICIAL_SENSITIVE_Tidbury_Simon_SoS_decision.pdf-responsible for the regulation of teachers. ./OFFICIAL_SENSITIVE_Tidbury_Simon_SoS_decision.pdf- ./OFFICIAL_SENSITIVE_Tidbury_Simon_SoS_decision.pdf-No evidence has been adduced by Mr Tidbury attesting to his character or his ability as a ./OFFICIAL_SENSITIVE_Tidbury_Simon_SoS_decision.pdf-teacher. ./OFFICIAL_SENSITIVE_Tidbury_Simon_SoS_decision.pdf- ./OFFICIAL_SENSITIVE_Tidbury_Simon_SoS_decision.pdf-The police summary of evidence states that Mr Tidbury answered “no comment” to all ./OFFICIAL_SENSITIVE_Tidbury_Simon_SoS_decision.pdf-questions relating directly to the upskirt images and how these came to be stored on his ./OFFICIAL_SENSITIVE_Tidbury_Simon_SoS_decision.pdf-phone. He identified the full-length photos taken on the same day of the upskirt ./OFFICIAL_SENSITIVE_Tidbury_Simon_SoS_decision.pdf-photographs as being of the victim. When asked if these photographs were taken for ./OFFICIAL_SENSITIVE_Tidbury_Simon_SoS_decision.pdf:sexual gratification, Mr Tidbury responded “no comment”. Mr Tidbury pleaded guilty to ./OFFICIAL_SENSITIVE_Tidbury_Simon_SoS_decision.pdf-having committed the offences at the Magistrates’ Court. In these present proceedings, ./OFFICIAL_SENSITIVE_Tidbury_Simon_SoS_decision.pdf-Mr Tidbury responded on 28 April 2022 to the notice of referral, admitting the allegations ./OFFICIAL_SENSITIVE_Tidbury_Simon_SoS_decision.pdf-against him, and has co-operated with these proceedings by signing a statement of ./OFFICIAL_SENSITIVE_Tidbury_Simon_SoS_decision.pdf-agreed facts. ./OFFICIAL_SENSITIVE_Tidbury_Simon_SoS_decision.pdf- ./OFFICIAL_SENSITIVE_Tidbury_Simon_SoS_decision.pdf-There is no evidence before the panel of Mr Tidbury having expressed any remorse for ./OFFICIAL_SENSITIVE_Tidbury_Simon_SoS_decision.pdf-his actions, nor any insight as to why he committed the offences or of the impact his ./OFFICIAL_SENSITIVE_Tidbury_Simon_SoS_decision.pdf-actions had on the victim and the School community. ./OFFICIAL_SENSITIVE_Tidbury_Simon_SoS_decision.pdf- ./OFFICIAL_SENSITIVE_Tidbury_Simon_SoS_decision.pdf-The panel first considered whether it would be proportionate to conclude this case with -- ./OFFICIAL_SENSITIVE_Tidbury_Simon_SoS_decision.pdf-State that a prohibition order should be imposed with immediate effect. ./OFFICIAL_SENSITIVE_Tidbury_Simon_SoS_decision.pdf- ./OFFICIAL_SENSITIVE_Tidbury_Simon_SoS_decision.pdf-The panel went on to consider whether or not it would be appropriate for it to decide to ./OFFICIAL_SENSITIVE_Tidbury_Simon_SoS_decision.pdf-recommend a review period of the order. The panel was mindful that the Advice states ./OFFICIAL_SENSITIVE_Tidbury_Simon_SoS_decision.pdf-that a prohibition order applies for life, but there may be circumstances, in any given ./OFFICIAL_SENSITIVE_Tidbury_Simon_SoS_decision.pdf-case, that may make it appropriate to allow a teacher to apply to have the prohibition ./OFFICIAL_SENSITIVE_Tidbury_Simon_SoS_decision.pdf-order reviewed after a specified period of time that may not be less than 2 years. ./OFFICIAL_SENSITIVE_Tidbury_Simon_SoS_decision.pdf- ./OFFICIAL_SENSITIVE_Tidbury_Simon_SoS_decision.pdf-The Advice indicates that there are cases involving certain conduct where it is likely that ./OFFICIAL_SENSITIVE_Tidbury_Simon_SoS_decision.pdf-the public interest will have greater relevance and weigh in favour of not offering a review ./OFFICIAL_SENSITIVE_Tidbury_Simon_SoS_decision.pdf:period. These cases include serious sexual misconduct, for example where the act was ./OFFICIAL_SENSITIVE_Tidbury_Simon_SoS_decision.pdf:sexually motivated and resulted in, or had the potential to result in, harm to a person or ./OFFICIAL_SENSITIVE_Tidbury_Simon_SoS_decision.pdf-persons, particularly where the individual has used his professional position to influence ./OFFICIAL_SENSITIVE_Tidbury_Simon_SoS_decision.pdf-or exploit a person or persons. The panel found that Mr Tidbury was responsible for ./OFFICIAL_SENSITIVE_Tidbury_Simon_SoS_decision.pdf:upskirting, thereby committing a sexual offence. The panel has not been made aware of ./OFFICIAL_SENSITIVE_Tidbury_Simon_SoS_decision.pdf-any mitigating circumstances, nor is there any evidence that Mr Tidbury has any insight ./OFFICIAL_SENSITIVE_Tidbury_Simon_SoS_decision.pdf-into his actions, nor of any remorse. There is no evidence that provides any comfort to ./OFFICIAL_SENSITIVE_Tidbury_Simon_SoS_decision.pdf-the panel that the risk of repetition is low. ./OFFICIAL_SENSITIVE_Tidbury_Simon_SoS_decision.pdf- ./OFFICIAL_SENSITIVE_Tidbury_Simon_SoS_decision.pdf-The panel decided that the findings indicated a situation in which a review period would ./OFFICIAL_SENSITIVE_Tidbury_Simon_SoS_decision.pdf-not be appropriate and, as such, decided that it would be proportionate, in all the ./OFFICIAL_SENSITIVE_Tidbury_Simon_SoS_decision.pdf-circumstances, for the prohibition order to be recommended without provision for a ./OFFICIAL_SENSITIVE_Tidbury_Simon_SoS_decision.pdf-review period. ./OFFICIAL_SENSITIVE_Tidbury_Simon_SoS_decision.pdf- ./OFFICIAL_SENSITIVE_Tidbury_Simon_SoS_decision.pdf- -- ./OFFICIAL_SENSITIVE_Tidbury_Simon_SoS_decision.pdf-of this behaviour. I have therefore given this element considerable weight in reaching my ./OFFICIAL_SENSITIVE_Tidbury_Simon_SoS_decision.pdf-decision. ./OFFICIAL_SENSITIVE_Tidbury_Simon_SoS_decision.pdf- ./OFFICIAL_SENSITIVE_Tidbury_Simon_SoS_decision.pdf-I have gone on to consider the extent to which a prohibition order would maintain public ./OFFICIAL_SENSITIVE_Tidbury_Simon_SoS_decision.pdf-confidence in the profession. The panel observe, “In the light of the panel’s findings ./OFFICIAL_SENSITIVE_Tidbury_Simon_SoS_decision.pdf-against Mr Tidbury, there was a strong public interest consideration in respect of the ./OFFICIAL_SENSITIVE_Tidbury_Simon_SoS_decision.pdf-protection of members of the public, given that Mr Tidbury has been convicted for acts of ./OFFICIAL_SENSITIVE_Tidbury_Simon_SoS_decision.pdf-voyeurism against a colleague.” And the panel went on to say “public confidence in the ./OFFICIAL_SENSITIVE_Tidbury_Simon_SoS_decision.pdf-profession could be seriously weakened if conduct such as that found against Mr Tidbury ./OFFICIAL_SENSITIVE_Tidbury_Simon_SoS_decision.pdf-were not treated with the utmost seriousness when regulating the conduct of the ./OFFICIAL_SENSITIVE_Tidbury_Simon_SoS_decision.pdf:profession.” I am particularly mindful of the finding of a sexual offence in this case and ./OFFICIAL_SENSITIVE_Tidbury_Simon_SoS_decision.pdf-the impact that such a finding has on the reputation of the profession. ./OFFICIAL_SENSITIVE_Tidbury_Simon_SoS_decision.pdf- ./OFFICIAL_SENSITIVE_Tidbury_Simon_SoS_decision.pdf- 10 ./OFFICIAL_SENSITIVE_Tidbury_Simon_SoS_decision.pdf- -- ./OFFICIAL_SENSITIVE_Tidbury_Simon_SoS_decision.pdf-I have gone on to consider the matter of a review period. In this case, the panel has ./OFFICIAL_SENSITIVE_Tidbury_Simon_SoS_decision.pdf-recommended that no provision should be made for a review period. ./OFFICIAL_SENSITIVE_Tidbury_Simon_SoS_decision.pdf- ./OFFICIAL_SENSITIVE_Tidbury_Simon_SoS_decision.pdf-I have considered the panel’s comments “The Advice indicates that there are cases ./OFFICIAL_SENSITIVE_Tidbury_Simon_SoS_decision.pdf-involving certain conduct where it is likely that the public interest will have greater ./OFFICIAL_SENSITIVE_Tidbury_Simon_SoS_decision.pdf-relevance and weigh in favour of not offering a review period. These cases include ./OFFICIAL_SENSITIVE_Tidbury_Simon_SoS_decision.pdf:serious sexual misconduct, for example where the act was sexually motivated and ./OFFICIAL_SENSITIVE_Tidbury_Simon_SoS_decision.pdf-resulted in, or had the potential to result in, harm to a person or persons, particularly ./OFFICIAL_SENSITIVE_Tidbury_Simon_SoS_decision.pdf-where the individual has used his professional position to influence or exploit a person or ./OFFICIAL_SENSITIVE_Tidbury_Simon_SoS_decision.pdf-persons. The panel found that Mr Tidbury was responsible for upskirting, thereby ./OFFICIAL_SENSITIVE_Tidbury_Simon_SoS_decision.pdf:committing a sexual offence. The panel has not been made aware of any mitigating ./OFFICIAL_SENSITIVE_Tidbury_Simon_SoS_decision.pdf-circumstances, nor is there any evidence that Mr Tidbury has any insight into his actions, ./OFFICIAL_SENSITIVE_Tidbury_Simon_SoS_decision.pdf-nor of any remorse. There is no evidence that provides any comfort to the panel that the ./OFFICIAL_SENSITIVE_Tidbury_Simon_SoS_decision.pdf-risk of repetition is low.” ./OFFICIAL_SENSITIVE_Tidbury_Simon_SoS_decision.pdf- ./OFFICIAL_SENSITIVE_Tidbury_Simon_SoS_decision.pdf-In this case, factors mean that allowing a review period is not sufficient to achieve the ./OFFICIAL_SENSITIVE_Tidbury_Simon_SoS_decision.pdf-aim of maintaining public confidence in the profession. These elements are the ./OFFICIAL_SENSITIVE_Tidbury_Simon_SoS_decision.pdf-seriousness of the findings and the lack of either insight or remorse. ./OFFICIAL_SENSITIVE_Tidbury_Simon_SoS_decision.pdf- ./OFFICIAL_SENSITIVE_Tidbury_Simon_SoS_decision.pdf-I consider therefore that allowing for no review period is necessary to maintain public ./OFFICIAL_SENSITIVE_Tidbury_Simon_SoS_decision.pdf-confidence and is proportionate and in the public interest. ./OFFICIAL_SENSITIVE_Ward_Craig_SoS_decision_Redacted.pdf-Allegations ./OFFICIAL_SENSITIVE_Ward_Craig_SoS_decision_Redacted.pdf-The panel considered the allegations set out in the notice of meeting dated 9 September ./OFFICIAL_SENSITIVE_Ward_Craig_SoS_decision_Redacted.pdf-2021. ./OFFICIAL_SENSITIVE_Ward_Craig_SoS_decision_Redacted.pdf- ./OFFICIAL_SENSITIVE_Ward_Craig_SoS_decision_Redacted.pdf-It was alleged that Mr Ward was guilty of unacceptable professional conduct and/or ./OFFICIAL_SENSITIVE_Ward_Craig_SoS_decision_Redacted.pdf-conduct that may bring the profession into disrepute, in that whilst employed at University ./OFFICIAL_SENSITIVE_Ward_Craig_SoS_decision_Redacted.pdf-Academy Warrington, now known as Padgate Academy: ./OFFICIAL_SENSITIVE_Ward_Craig_SoS_decision_Redacted.pdf- ./OFFICIAL_SENSITIVE_Ward_Craig_SoS_decision_Redacted.pdf- 1. He failed to maintain appropriate boundaries with Pupil A, including by; ./OFFICIAL_SENSITIVE_Ward_Craig_SoS_decision_Redacted.pdf: a. Sending Pupil A one or more messages of an inappropriate and/or sexual ./OFFICIAL_SENSITIVE_Ward_Craig_SoS_decision_Redacted.pdf- nature on facebook messenger including in which he stated: ./OFFICIAL_SENSITIVE_Ward_Craig_SoS_decision_Redacted.pdf- i. “me and [REDACTED] just having the bottle of champagne you got ./OFFICIAL_SENSITIVE_Ward_Craig_SoS_decision_Redacted.pdf- me… its made her a bit frisky…. nice one lad x” ./OFFICIAL_SENSITIVE_Ward_Craig_SoS_decision_Redacted.pdf- ii. “Sorry, Im arruming (since) ur up 2 cum! Speak 2 u when ur on ur way ./OFFICIAL_SENSITIVE_Ward_Craig_SoS_decision_Redacted.pdf- home x” ./OFFICIAL_SENSITIVE_Ward_Craig_SoS_decision_Redacted.pdf- iii. “… I wanna suck u dry. I’m home in a week if ur ok for trying stuff xx” ./OFFICIAL_SENSITIVE_Ward_Craig_SoS_decision_Redacted.pdf- iv. “please come and sleep with me. I’ll keep it between me n u n it’ll le(sic) ./OFFICIAL_SENSITIVE_Ward_Craig_SoS_decision_Redacted.pdf- the bee (sic) night of ur life x” ./OFFICIAL_SENSITIVE_Ward_Craig_SoS_decision_Redacted.pdf- v. “so horny. See you next week x” ./OFFICIAL_SENSITIVE_Ward_Craig_SoS_decision_Redacted.pdf- vi. “mate if you say nothing. We’ve got awkwardness for time, well past ./OFFICIAL_SENSITIVE_Ward_Craig_SoS_decision_Redacted.pdf- results day n shit? If ur sound, u might just have the best summer ./OFFICIAL_SENSITIVE_Ward_Craig_SoS_decision_Redacted.pdf- hideout where u can spunk everywhere n worry about fuck all. No one ./OFFICIAL_SENSITIVE_Ward_Craig_SoS_decision_Redacted.pdf- needs to know n u don’t have to worry about anyone finding out x I‘m ./OFFICIAL_SENSITIVE_Ward_Craig_SoS_decision_Redacted.pdf: not looking for owt serious, just proper fun sex xx” ./OFFICIAL_SENSITIVE_Ward_Craig_SoS_decision_Redacted.pdf- vii. “u know u can trust me. N it’ll be fucking tremendous xx” ./OFFICIAL_SENSITIVE_Ward_Craig_SoS_decision_Redacted.pdf- b. Sending Pupil A one or more messages on Facebook messenger including: ./OFFICIAL_SENSITIVE_Ward_Craig_SoS_decision_Redacted.pdf- i. Which were sent late at night and/or in the early hours of the morning; ./OFFICIAL_SENSITIVE_Ward_Craig_SoS_decision_Redacted.pdf- ii. In which you use explicit language including ‘fuck’, ‘fucking’, ‘pissing’, ./OFFICIAL_SENSITIVE_Ward_Craig_SoS_decision_Redacted.pdf- c. asking Pupil A to purchase items from the shop for him; ./OFFICIAL_SENSITIVE_Ward_Craig_SoS_decision_Redacted.pdf- d. transporting Pupil A alone in his car with no other adult present and without ./OFFICIAL_SENSITIVE_Ward_Craig_SoS_decision_Redacted.pdf- permissions from the Academy to do so; ./OFFICIAL_SENSITIVE_Ward_Craig_SoS_decision_Redacted.pdf- e. encouraging Pupil A to drink alcohol whilst travelling back from the ./OFFICIAL_SENSITIVE_Ward_Craig_SoS_decision_Redacted.pdf- [REDACTED]; ./OFFICIAL_SENSITIVE_Ward_Craig_SoS_decision_Redacted.pdf- 2. He failed to maintain appropriate boundaries with Pupil B, including by ./OFFICIAL_SENSITIVE_Ward_Craig_SoS_decision_Redacted.pdf- transporting him alone in his car with no other adult present and without ./OFFICIAL_SENSITIVE_Ward_Craig_SoS_decision_Redacted.pdf- permissions from the Academy to do so; ./OFFICIAL_SENSITIVE_Ward_Craig_SoS_decision_Redacted.pdf: 3. His conduct as outlined at Allegation 1 above was sexually motivated. ./OFFICIAL_SENSITIVE_Ward_Craig_SoS_decision_Redacted.pdf- ./OFFICIAL_SENSITIVE_Ward_Craig_SoS_decision_Redacted.pdf- ./OFFICIAL_SENSITIVE_Ward_Craig_SoS_decision_Redacted.pdf- 4 ./OFFICIAL_SENSITIVE_Ward_Craig_SoS_decision_Redacted.pdf- -- ./OFFICIAL_SENSITIVE_Ward_Craig_SoS_decision_Redacted.pdf-The findings of fact are as follows: ./OFFICIAL_SENSITIVE_Ward_Craig_SoS_decision_Redacted.pdf- ./OFFICIAL_SENSITIVE_Ward_Craig_SoS_decision_Redacted.pdf-The panel found the following particulars of the allegations against you proved, for these ./OFFICIAL_SENSITIVE_Ward_Craig_SoS_decision_Redacted.pdf-reasons: ./OFFICIAL_SENSITIVE_Ward_Craig_SoS_decision_Redacted.pdf- ./OFFICIAL_SENSITIVE_Ward_Craig_SoS_decision_Redacted.pdf-Whilst employed at University Academy Warrington, now known as Padgate ./OFFICIAL_SENSITIVE_Ward_Craig_SoS_decision_Redacted.pdf-Academy: ./OFFICIAL_SENSITIVE_Ward_Craig_SoS_decision_Redacted.pdf- ./OFFICIAL_SENSITIVE_Ward_Craig_SoS_decision_Redacted.pdf- 1. You failed to maintain appropriate boundaries with Pupil A, including by; ./OFFICIAL_SENSITIVE_Ward_Craig_SoS_decision_Redacted.pdf- ./OFFICIAL_SENSITIVE_Ward_Craig_SoS_decision_Redacted.pdf: a. Sending him one or more messages of an inappropriate and/or sexual ./OFFICIAL_SENSITIVE_Ward_Craig_SoS_decision_Redacted.pdf- nature on facebook messenger including in which you state: ./OFFICIAL_SENSITIVE_Ward_Craig_SoS_decision_Redacted.pdf- ./OFFICIAL_SENSITIVE_Ward_Craig_SoS_decision_Redacted.pdf- i. “me and [REDACTED] just having the bottle of champagne you got ./OFFICIAL_SENSITIVE_Ward_Craig_SoS_decision_Redacted.pdf- me… its made her a bit frisky…. nice one lad x” ./OFFICIAL_SENSITIVE_Ward_Craig_SoS_decision_Redacted.pdf- ./OFFICIAL_SENSITIVE_Ward_Craig_SoS_decision_Redacted.pdf- ii. “Sorry, Im arruming (since) ur up 2 cum! Speak 2 u when ur on ur ./OFFICIAL_SENSITIVE_Ward_Craig_SoS_decision_Redacted.pdf- way home x” ./OFFICIAL_SENSITIVE_Ward_Craig_SoS_decision_Redacted.pdf- ./OFFICIAL_SENSITIVE_Ward_Craig_SoS_decision_Redacted.pdf- iii. “… I wanna suck u dry. I’m home in a week if ur ok for trying stuff ./OFFICIAL_SENSITIVE_Ward_Craig_SoS_decision_Redacted.pdf- xx” -- ./OFFICIAL_SENSITIVE_Ward_Craig_SoS_decision_Redacted.pdf- v. “so horny. See you next week x” ./OFFICIAL_SENSITIVE_Ward_Craig_SoS_decision_Redacted.pdf- ./OFFICIAL_SENSITIVE_Ward_Craig_SoS_decision_Redacted.pdf- vi. “mate if you say nothing. We’ve got awkwardness for time, well ./OFFICIAL_SENSITIVE_Ward_Craig_SoS_decision_Redacted.pdf- past results day n shit? If ur sound, u might just have the best ./OFFICIAL_SENSITIVE_Ward_Craig_SoS_decision_Redacted.pdf- summer hideout where u can spunk everywhere n worry about fuck ./OFFICIAL_SENSITIVE_Ward_Craig_SoS_decision_Redacted.pdf- all. No one needs to know n u don’t have to worry about anyone ./OFFICIAL_SENSITIVE_Ward_Craig_SoS_decision_Redacted.pdf: finding out x I‘m not looking for owt serious, just proper fun sex ./OFFICIAL_SENSITIVE_Ward_Craig_SoS_decision_Redacted.pdf- xx” ./OFFICIAL_SENSITIVE_Ward_Craig_SoS_decision_Redacted.pdf- ./OFFICIAL_SENSITIVE_Ward_Craig_SoS_decision_Redacted.pdf- vii. “u know u can trust me. N it’ll be fucking tremendous xx” ./OFFICIAL_SENSITIVE_Ward_Craig_SoS_decision_Redacted.pdf- ./OFFICIAL_SENSITIVE_Ward_Craig_SoS_decision_Redacted.pdf-Mr Ward has admitted sending each of these allegations and has admitted that the ./OFFICIAL_SENSITIVE_Ward_Craig_SoS_decision_Redacted.pdf:allegations were of an inappropriate and/or sexual nature, and that he failed to maintain ./OFFICIAL_SENSITIVE_Ward_Craig_SoS_decision_Redacted.pdf-appropriate boundaries. ./OFFICIAL_SENSITIVE_Ward_Craig_SoS_decision_Redacted.pdf- ./OFFICIAL_SENSITIVE_Ward_Craig_SoS_decision_Redacted.pdf-The panel has seen screenshots of the messages referred to in each of these ./OFFICIAL_SENSITIVE_Ward_Craig_SoS_decision_Redacted.pdf-allegations. Pupil A stated in an interview for the school’s disciplinary investigation that ./OFFICIAL_SENSITIVE_Ward_Craig_SoS_decision_Redacted.pdf-Mr Ward had initiated the contact via Facebook messenger. Initially the messages ./OFFICIAL_SENSITIVE_Ward_Craig_SoS_decision_Redacted.pdf-concerned football, then Mr Ward started to send messages regarding schoolwork. The ./OFFICIAL_SENSITIVE_Ward_Craig_SoS_decision_Redacted.pdf-subject of the messages then developed into requests for Pupil A to pick up items from ./OFFICIAL_SENSITIVE_Ward_Craig_SoS_decision_Redacted.pdf-the shop for him, and then Mr Ward sent the messages referred to in the allegations. ./OFFICIAL_SENSITIVE_Ward_Craig_SoS_decision_Redacted.pdf-Pupil A confirmed in his interview that he received these messages. ./OFFICIAL_SENSITIVE_Ward_Craig_SoS_decision_Redacted.pdf- -- ./OFFICIAL_SENSITIVE_Ward_Craig_SoS_decision_Redacted.pdf-attention of the line manager and has been agreed with the parents/carers. With regard ./OFFICIAL_SENSITIVE_Ward_Craig_SoS_decision_Redacted.pdf-to one to one situations, the policy states that when these are unavoidable, reasonable ./OFFICIAL_SENSITIVE_Ward_Craig_SoS_decision_Redacted.pdf-and sensible precautions should be taken. There was no evidence that the instances ./OFFICIAL_SENSITIVE_Ward_Craig_SoS_decision_Redacted.pdf-concerned were unavoidable, nor is there any evidence that these occasions had been ./OFFICIAL_SENSITIVE_Ward_Craig_SoS_decision_Redacted.pdf-brought to the attention of Mr Ward’s line manager. ./OFFICIAL_SENSITIVE_Ward_Craig_SoS_decision_Redacted.pdf- ./OFFICIAL_SENSITIVE_Ward_Craig_SoS_decision_Redacted.pdf-The panel found this allegation proven in its entirety. ./OFFICIAL_SENSITIVE_Ward_Craig_SoS_decision_Redacted.pdf- ./OFFICIAL_SENSITIVE_Ward_Craig_SoS_decision_Redacted.pdf: 3. Your conduct as outlined at Allegation 1 above was sexually motivated. ./OFFICIAL_SENSITIVE_Ward_Craig_SoS_decision_Redacted.pdf- ./OFFICIAL_SENSITIVE_Ward_Craig_SoS_decision_Redacted.pdf-Mr Ward has admitted this allegation. ./OFFICIAL_SENSITIVE_Ward_Craig_SoS_decision_Redacted.pdf- ./OFFICIAL_SENSITIVE_Ward_Craig_SoS_decision_Redacted.pdf-In the transcript of the interview with Pupil A, Pupil A stated that he initially thought that ./OFFICIAL_SENSITIVE_Ward_Craig_SoS_decision_Redacted.pdf-the kisses Mr Ward had added to his messages were, “Pally, I send kisses to my mates” ./OFFICIAL_SENSITIVE_Ward_Craig_SoS_decision_Redacted.pdf-and he hadn’t thought much about them. He had viewed the messages as being a “bit ./OFFICIAL_SENSITIVE_Ward_Craig_SoS_decision_Redacted.pdf-more matey than a member of staff.” ./OFFICIAL_SENSITIVE_Ward_Craig_SoS_decision_Redacted.pdf- ./OFFICIAL_SENSITIVE_Ward_Craig_SoS_decision_Redacted.pdf-Pupil A stated that when Mr Ward started using explicit language, he had thought it was a ./OFFICIAL_SENSITIVE_Ward_Craig_SoS_decision_Redacted.pdf-“bit weird” and that Mr Ward “was probably a bit drunk.” Pupil A described having -- ./OFFICIAL_SENSITIVE_Ward_Craig_SoS_decision_Redacted.pdf-did not really think about it again. ./OFFICIAL_SENSITIVE_Ward_Craig_SoS_decision_Redacted.pdf- ./OFFICIAL_SENSITIVE_Ward_Craig_SoS_decision_Redacted.pdf-Pupil A later described that on 31 July, Mr Ward had rang him whilst Pupil A was in ./OFFICIAL_SENSITIVE_Ward_Craig_SoS_decision_Redacted.pdf-[REDACTED]. He described this as being out of the blue. Pupil A stated that he had rung ./OFFICIAL_SENSITIVE_Ward_Craig_SoS_decision_Redacted.pdf-Mr Ward back, as he was wondering if there was something wrong, since Mr Ward had ./OFFICIAL_SENSITIVE_Ward_Craig_SoS_decision_Redacted.pdf-never rung him before. He stated that Mr Ward answered and there was, “like two ./OFFICIAL_SENSITIVE_Ward_Craig_SoS_decision_Redacted.pdf-seconds of no one speaking… then he put it down.” He believed Mr Ward to have been ./OFFICIAL_SENSITIVE_Ward_Craig_SoS_decision_Redacted.pdf-on holiday himself at the time. ./OFFICIAL_SENSITIVE_Ward_Craig_SoS_decision_Redacted.pdf- ./OFFICIAL_SENSITIVE_Ward_Craig_SoS_decision_Redacted.pdf-Pupil A then described receiving the message referred to at allegation 1a(ii) and that ./OFFICIAL_SENSITIVE_Ward_Craig_SoS_decision_Redacted.pdf:Pupil A had understood the word Mr Ward to have used to have a sexual connotation. He ./OFFICIAL_SENSITIVE_Ward_Craig_SoS_decision_Redacted.pdf-described receiving the message referred to at allegation 1a(iii) and 1a(iv) and stated that ./OFFICIAL_SENSITIVE_Ward_Craig_SoS_decision_Redacted.pdf-he was shocked, confused, didn’t know how to respond and just wanted the messages to ./OFFICIAL_SENSITIVE_Ward_Craig_SoS_decision_Redacted.pdf-stop. Mr Ward then sent a message stating, “I’m not taking the piss. N you’ll come round, ./OFFICIAL_SENSITIVE_Ward_Craig_SoS_decision_Redacted.pdf-give it a couple weeks x.” Pupil A stated that he interpreted this message as trying to ./OFFICIAL_SENSITIVE_Ward_Craig_SoS_decision_Redacted.pdf-persuade him. Pupil A described having carefully thought about how to respond as he ./OFFICIAL_SENSITIVE_Ward_Craig_SoS_decision_Redacted.pdf-was trying to get the messages to stop, and Mr Ward then sent the message referred to ./OFFICIAL_SENSITIVE_Ward_Craig_SoS_decision_Redacted.pdf-at allegation 1a(v) and then 20 – 25 minutes later Pupil A received the message referred ./OFFICIAL_SENSITIVE_Ward_Craig_SoS_decision_Redacted.pdf-to at allegation 1a(vi). Pupil A stated that he interpreted the reference to the best summer ./OFFICIAL_SENSITIVE_Ward_Craig_SoS_decision_Redacted.pdf-hideout to be a reference to Mr Ward’s house. ./OFFICIAL_SENSITIVE_Ward_Craig_SoS_decision_Redacted.pdf- -- ./OFFICIAL_SENSITIVE_Ward_Craig_SoS_decision_Redacted.pdf-shocked and debating whether to respond and fearing that if he didn’t Mr Ward might ./OFFICIAL_SENSITIVE_Ward_Craig_SoS_decision_Redacted.pdf-keep messaging him. ./OFFICIAL_SENSITIVE_Ward_Craig_SoS_decision_Redacted.pdf- ./OFFICIAL_SENSITIVE_Ward_Craig_SoS_decision_Redacted.pdf-Pupil A stated that Mr Ward had then sent a further message in the morning stating, “I’m ./OFFICIAL_SENSITIVE_Ward_Craig_SoS_decision_Redacted.pdf-really sorry. Was out of my head.” ./OFFICIAL_SENSITIVE_Ward_Craig_SoS_decision_Redacted.pdf- ./OFFICIAL_SENSITIVE_Ward_Craig_SoS_decision_Redacted.pdf-At his interview as part of the school disciplinary process, Mr Ward denied having any ./OFFICIAL_SENSITIVE_Ward_Craig_SoS_decision_Redacted.pdf:sexual interest in Pupil A, and that he had not been aware that he had sent the message, ./OFFICIAL_SENSITIVE_Ward_Craig_SoS_decision_Redacted.pdf-having “no idea why I sent it, I was extremely drunk.” It is now the case, however, that Mr ./OFFICIAL_SENSITIVE_Ward_Craig_SoS_decision_Redacted.pdf:Ward admits his conduct was sexually motivated. ./OFFICIAL_SENSITIVE_Ward_Craig_SoS_decision_Redacted.pdf- ./OFFICIAL_SENSITIVE_Ward_Craig_SoS_decision_Redacted.pdf:The panel considered that the content of the messages sent by Mr Ward was sexual. It ./OFFICIAL_SENSITIVE_Ward_Craig_SoS_decision_Redacted.pdf-then went on to consider whether it was more likely than not that Mr Ward’s purpose in ./OFFICIAL_SENSITIVE_Ward_Craig_SoS_decision_Redacted.pdf:sending them was sexual. The panel has carefully looked at the surrounding evidence to ./OFFICIAL_SENSITIVE_Ward_Craig_SoS_decision_Redacted.pdf-assess Mr Ward’s state of mind at the time that the messages were sent. It is clear from ./OFFICIAL_SENSITIVE_Ward_Craig_SoS_decision_Redacted.pdf:the transcript of Pupil A’s evidence that he understood the messages to be sexual. The ./OFFICIAL_SENSITIVE_Ward_Craig_SoS_decision_Redacted.pdf-fact that Mr Ward apologised for them and referred to them having been sent whilst he ./OFFICIAL_SENSITIVE_Ward_Craig_SoS_decision_Redacted.pdf-was intoxicated indicated that he was conscious of the intention he had had when ./OFFICIAL_SENSITIVE_Ward_Craig_SoS_decision_Redacted.pdf-sending the messages. ./OFFICIAL_SENSITIVE_Ward_Craig_SoS_decision_Redacted.pdf- ./OFFICIAL_SENSITIVE_Ward_Craig_SoS_decision_Redacted.pdf:The content of the messages in 1a indicated a clear intention to pursue sexual ./OFFICIAL_SENSITIVE_Ward_Craig_SoS_decision_Redacted.pdf:gratification and/ or a future sexual relationship with Pupil A, and was therefore sexually ./OFFICIAL_SENSITIVE_Ward_Craig_SoS_decision_Redacted.pdf-motivated. There is no other reasonable explanation for sending these messages. ./OFFICIAL_SENSITIVE_Ward_Craig_SoS_decision_Redacted.pdf- ./OFFICIAL_SENSITIVE_Ward_Craig_SoS_decision_Redacted.pdf-In a statement, Pupil A described, “When I think about things that happened in school ./OFFICIAL_SENSITIVE_Ward_Craig_SoS_decision_Redacted.pdf-with Mr Ward, I can now see that he build (sic) a different relationship with me than with ./OFFICIAL_SENSITIVE_Ward_Craig_SoS_decision_Redacted.pdf-most other students.” It is clear to the panel that the manner in which Mr Ward fostered a ./OFFICIAL_SENSITIVE_Ward_Craig_SoS_decision_Redacted.pdf-relationship with Pupil A, sending messages containing explicit language, late at night ./OFFICIAL_SENSITIVE_Ward_Craig_SoS_decision_Redacted.pdf-and early in the morning enabled him to develop a relationship that was more akin to a ./OFFICIAL_SENSITIVE_Ward_Craig_SoS_decision_Redacted.pdf-friendship. Similarly, asking Pupil A to buy items from the shop, transporting Pupil A ./OFFICIAL_SENSITIVE_Ward_Craig_SoS_decision_Redacted.pdf:alone in his car and encouraging him to consume alcohol, whilst not inherently sexual, all ./OFFICIAL_SENSITIVE_Ward_Craig_SoS_decision_Redacted.pdf-formed part of a pattern of behaviour that blurred the boundaries of the teacher pupil ./OFFICIAL_SENSITIVE_Ward_Craig_SoS_decision_Redacted.pdf-relationship. This enabled him to continue contact with Pupil A after he had concluded his ./OFFICIAL_SENSITIVE_Ward_Craig_SoS_decision_Redacted.pdf-[REDACTED] studies. It was apparent that Mr Ward then sought to develop the ./OFFICIAL_SENSITIVE_Ward_Craig_SoS_decision_Redacted.pdf:relationship into a sexual one. This indicated to the panel that it was more likely than not ./OFFICIAL_SENSITIVE_Ward_Craig_SoS_decision_Redacted.pdf-that the conduct found proven at allegations 1b, 1c, 1d and 1e were all part of cultivating ./OFFICIAL_SENSITIVE_Ward_Craig_SoS_decision_Redacted.pdf:a relationship that Mr Ward had the intention of turning into either a sexual one, or one ./OFFICIAL_SENSITIVE_Ward_Craig_SoS_decision_Redacted.pdf:that would provide him with sexual gratification. The panel therefore found that Mr Ward’s ./OFFICIAL_SENSITIVE_Ward_Craig_SoS_decision_Redacted.pdf:conduct as found proven at allegation 1 was sexually motivated. ./OFFICIAL_SENSITIVE_Ward_Craig_SoS_decision_Redacted.pdf- ./OFFICIAL_SENSITIVE_Ward_Craig_SoS_decision_Redacted.pdf-The panel found this allegation proven. ./OFFICIAL_SENSITIVE_Ward_Craig_SoS_decision_Redacted.pdf- ./OFFICIAL_SENSITIVE_Ward_Craig_SoS_decision_Redacted.pdf- ./OFFICIAL_SENSITIVE_Ward_Craig_SoS_decision_Redacted.pdf- ./OFFICIAL_SENSITIVE_Ward_Craig_SoS_decision_Redacted.pdf- ./OFFICIAL_SENSITIVE_Ward_Craig_SoS_decision_Redacted.pdf- 11 ./OFFICIAL_SENSITIVE_Ward_Craig_SoS_decision_Redacted.pdf- -- ./OFFICIAL_SENSITIVE_Ward_Craig_SoS_decision_Redacted.pdf- • showing tolerance of and respect for the rights of others ./OFFICIAL_SENSITIVE_Ward_Craig_SoS_decision_Redacted.pdf- ./OFFICIAL_SENSITIVE_Ward_Craig_SoS_decision_Redacted.pdf- • Teachers must have proper and professional regard for the ethos, policies and ./OFFICIAL_SENSITIVE_Ward_Craig_SoS_decision_Redacted.pdf- practices of the school in which they teach... ./OFFICIAL_SENSITIVE_Ward_Craig_SoS_decision_Redacted.pdf- ./OFFICIAL_SENSITIVE_Ward_Craig_SoS_decision_Redacted.pdf- • Teachers must have an understanding of, and always act within, the statutory ./OFFICIAL_SENSITIVE_Ward_Craig_SoS_decision_Redacted.pdf- frameworks which set out their professional duties and responsibilities. ./OFFICIAL_SENSITIVE_Ward_Craig_SoS_decision_Redacted.pdf- ./OFFICIAL_SENSITIVE_Ward_Craig_SoS_decision_Redacted.pdf-The panel was satisfied that the conduct of Mr Ward fell significantly short of the ./OFFICIAL_SENSITIVE_Ward_Craig_SoS_decision_Redacted.pdf-standards expected of the profession. It was of concern to the panel that Mr Ward ./OFFICIAL_SENSITIVE_Ward_Craig_SoS_decision_Redacted.pdf:pursued Pupil A for sexual gratification or a sexual relationship, notwithstanding Pupil A ./OFFICIAL_SENSITIVE_Ward_Craig_SoS_decision_Redacted.pdf-had sent a clear message declining Mr Ward’s advances. Mr Ward ignored this and ./OFFICIAL_SENSITIVE_Ward_Craig_SoS_decision_Redacted.pdf-continued sending him unwanted messages and also requested Pupil A keep the ./OFFICIAL_SENSITIVE_Ward_Craig_SoS_decision_Redacted.pdf-messages between themselves. Mr Ward demonstrated a complete disregard for the ./OFFICIAL_SENSITIVE_Ward_Craig_SoS_decision_Redacted.pdf-right of Pupil A not to be harassed by someone who had been entrusted not to abuse his ./OFFICIAL_SENSITIVE_Ward_Craig_SoS_decision_Redacted.pdf-professional position. ./OFFICIAL_SENSITIVE_Ward_Craig_SoS_decision_Redacted.pdf- ./OFFICIAL_SENSITIVE_Ward_Craig_SoS_decision_Redacted.pdf-The panel also considered whether Mr Ward’s conduct displayed behaviours associated ./OFFICIAL_SENSITIVE_Ward_Craig_SoS_decision_Redacted.pdf-with any of the offences listed on pages 10 and 11 of the Advice. ./OFFICIAL_SENSITIVE_Ward_Craig_SoS_decision_Redacted.pdf- ./OFFICIAL_SENSITIVE_Ward_Craig_SoS_decision_Redacted.pdf:The panel found that the offence of sexual activity was relevant. ./OFFICIAL_SENSITIVE_Ward_Craig_SoS_decision_Redacted.pdf- ./OFFICIAL_SENSITIVE_Ward_Craig_SoS_decision_Redacted.pdf- ./OFFICIAL_SENSITIVE_Ward_Craig_SoS_decision_Redacted.pdf- ./OFFICIAL_SENSITIVE_Ward_Craig_SoS_decision_Redacted.pdf- ./OFFICIAL_SENSITIVE_Ward_Craig_SoS_decision_Redacted.pdf- 12 ./OFFICIAL_SENSITIVE_Ward_Craig_SoS_decision_Redacted.pdf- -- ./OFFICIAL_SENSITIVE_Ward_Craig_SoS_decision_Redacted.pdf-The panel had regard to the particular public interest considerations set out in the Advice ./OFFICIAL_SENSITIVE_Ward_Craig_SoS_decision_Redacted.pdf-and, having done so, found the following to be relevant in this case, the protection of ./OFFICIAL_SENSITIVE_Ward_Craig_SoS_decision_Redacted.pdf-pupils; the maintenance of public confidence in the profession; and declaring and ./OFFICIAL_SENSITIVE_Ward_Craig_SoS_decision_Redacted.pdf-upholding proper standards of conduct. ./OFFICIAL_SENSITIVE_Ward_Craig_SoS_decision_Redacted.pdf- ./OFFICIAL_SENSITIVE_Ward_Craig_SoS_decision_Redacted.pdf-In the light of the panel’s findings against Mr Ward, which involved seeking to cultivate a ./OFFICIAL_SENSITIVE_Ward_Craig_SoS_decision_Redacted.pdf:relationship with Pupil A for his own sexual gratification and/ or to pursue a sexual ./OFFICIAL_SENSITIVE_Ward_Craig_SoS_decision_Redacted.pdf-relationship with him, there was a strong public interest consideration in respect of the ./OFFICIAL_SENSITIVE_Ward_Craig_SoS_decision_Redacted.pdf-protection of pupils. The panel also noted that Mr Ward had failed to observe appropriate ./OFFICIAL_SENSITIVE_Ward_Craig_SoS_decision_Redacted.pdf-boundaries with a second pupil, Pupil B. ./OFFICIAL_SENSITIVE_Ward_Craig_SoS_decision_Redacted.pdf- ./OFFICIAL_SENSITIVE_Ward_Craig_SoS_decision_Redacted.pdf-Similarly, the panel considered that public confidence in the profession could be seriously ./OFFICIAL_SENSITIVE_Ward_Craig_SoS_decision_Redacted.pdf-weakened if conduct such as that found against Mr Ward were not treated with the ./OFFICIAL_SENSITIVE_Ward_Craig_SoS_decision_Redacted.pdf-utmost seriousness when regulating the conduct of the profession. Mr Ward himself had ./OFFICIAL_SENSITIVE_Ward_Craig_SoS_decision_Redacted.pdf-asked that Pupil A keep the matter between themselves which is indicative that Mr Ward ./OFFICIAL_SENSITIVE_Ward_Craig_SoS_decision_Redacted.pdf-was aware of the public reaction if his conduct was discovered. ./OFFICIAL_SENSITIVE_Ward_Craig_SoS_decision_Redacted.pdf- -- ./OFFICIAL_SENSITIVE_Ward_Craig_SoS_decision_Redacted.pdf: • sexual misconduct, for example, involving actions that were sexually motivated ./OFFICIAL_SENSITIVE_Ward_Craig_SoS_decision_Redacted.pdf: or of a sexual nature and/or that use or exploit the trust, knowledge or influence ./OFFICIAL_SENSITIVE_Ward_Craig_SoS_decision_Redacted.pdf- derived from the individual’s professional position; ./OFFICIAL_SENSITIVE_Ward_Craig_SoS_decision_Redacted.pdf- ./OFFICIAL_SENSITIVE_Ward_Craig_SoS_decision_Redacted.pdf-Given the pattern of behaviours, the panel was concerned about there being a continuing ./OFFICIAL_SENSITIVE_Ward_Craig_SoS_decision_Redacted.pdf-risk. Mr Ward sought to groom Pupil A, and did so under the cloak of seeking to establish ./OFFICIAL_SENSITIVE_Ward_Craig_SoS_decision_Redacted.pdf-a relationship that went beyond the teacher pupil relationship. He sought to keep his ./OFFICIAL_SENSITIVE_Ward_Craig_SoS_decision_Redacted.pdf-conduct secret. His behaviour in itself abused the position of trust, and also continued ./OFFICIAL_SENSITIVE_Ward_Craig_SoS_decision_Redacted.pdf-after Pupil A had indicated that he wanted the attention to stop. This has caused harm to ./OFFICIAL_SENSITIVE_Ward_Craig_SoS_decision_Redacted.pdf-Pupil A. ./OFFICIAL_SENSITIVE_Ward_Craig_SoS_decision_Redacted.pdf- ./OFFICIAL_SENSITIVE_Ward_Craig_SoS_decision_Redacted.pdf-Even though some of the behaviour found proved in this case indicated that a prohibition ./OFFICIAL_SENSITIVE_Ward_Craig_SoS_decision_Redacted.pdf-order would be appropriate, the panel went on to consider the mitigating factors. ./OFFICIAL_SENSITIVE_Ward_Craig_SoS_decision_Redacted.pdf-Mitigating factors may indicate that a prohibition order would not be appropriate or ./OFFICIAL_SENSITIVE_Ward_Craig_SoS_decision_Redacted.pdf-proportionate. ./OFFICIAL_SENSITIVE_Ward_Craig_SoS_decision_Redacted.pdf- ./OFFICIAL_SENSITIVE_Ward_Craig_SoS_decision_Redacted.pdf:The panel has found that Mr Ward’s actions were deliberate and sexually motivated. ./OFFICIAL_SENSITIVE_Ward_Craig_SoS_decision_Redacted.pdf- ./OFFICIAL_SENSITIVE_Ward_Craig_SoS_decision_Redacted.pdf-There was no evidence that Mr Ward was acting under duress. Mr Ward stated in his ./OFFICIAL_SENSITIVE_Ward_Craig_SoS_decision_Redacted.pdf-interview for the school’s disciplinary investigation that he [REDACTED]. However, no ./OFFICIAL_SENSITIVE_Ward_Craig_SoS_decision_Redacted.pdf-evidence has been adduced to the panel that would enable it to consider whether any ./OFFICIAL_SENSITIVE_Ward_Craig_SoS_decision_Redacted.pdf-prevailing circumstances at the time impacted upon his behaviour. ./OFFICIAL_SENSITIVE_Ward_Craig_SoS_decision_Redacted.pdf- ./OFFICIAL_SENSITIVE_Ward_Craig_SoS_decision_Redacted.pdf-The panel accepted that there were no findings by any previous teacher misconduct ./OFFICIAL_SENSITIVE_Ward_Craig_SoS_decision_Redacted.pdf-panel against Mr Ward, but no testimonial statements have been produced by Mr Ward ./OFFICIAL_SENSITIVE_Ward_Craig_SoS_decision_Redacted.pdf-attesting to his good character or ability as a teacher. ./OFFICIAL_SENSITIVE_Ward_Craig_SoS_decision_Redacted.pdf- -- ./OFFICIAL_SENSITIVE_Ward_Craig_SoS_decision_Redacted.pdf-immediate effect. ./OFFICIAL_SENSITIVE_Ward_Craig_SoS_decision_Redacted.pdf- ./OFFICIAL_SENSITIVE_Ward_Craig_SoS_decision_Redacted.pdf-The panel went on to consider whether or not it would be appropriate to recommend that ./OFFICIAL_SENSITIVE_Ward_Craig_SoS_decision_Redacted.pdf-a review period of the order should be considered. The panel was mindful that the Advice ./OFFICIAL_SENSITIVE_Ward_Craig_SoS_decision_Redacted.pdf-states that a prohibition order applies for life, but there may be circumstances, in any ./OFFICIAL_SENSITIVE_Ward_Craig_SoS_decision_Redacted.pdf-given case, that may make it appropriate to allow a teacher to apply to have the ./OFFICIAL_SENSITIVE_Ward_Craig_SoS_decision_Redacted.pdf-prohibition order reviewed after a specified period of time that may not be less than 2 ./OFFICIAL_SENSITIVE_Ward_Craig_SoS_decision_Redacted.pdf-years. ./OFFICIAL_SENSITIVE_Ward_Craig_SoS_decision_Redacted.pdf- ./OFFICIAL_SENSITIVE_Ward_Craig_SoS_decision_Redacted.pdf-The Advice indicates that there are behaviours that, if proved, would militate against the ./OFFICIAL_SENSITIVE_Ward_Craig_SoS_decision_Redacted.pdf:recommendation of a review period. One of these behaviours includes serious sexual ./OFFICIAL_SENSITIVE_Ward_Craig_SoS_decision_Redacted.pdf:misconduct, such as where the act was sexually motivated and resulted in or had the ./OFFICIAL_SENSITIVE_Ward_Craig_SoS_decision_Redacted.pdf-potential to result in, harm to a person or persons, particularly where the individual has ./OFFICIAL_SENSITIVE_Ward_Craig_SoS_decision_Redacted.pdf-used his professional position to influence or exploit a person or persons. The panel ./OFFICIAL_SENSITIVE_Ward_Craig_SoS_decision_Redacted.pdf:found that Mr Ward had abused his position as a teacher to pursue either sexual ./OFFICIAL_SENSITIVE_Ward_Craig_SoS_decision_Redacted.pdf:gratification or a sexual relationship with Pupil A, causing harm to Pupil A. Had Pupil A ./OFFICIAL_SENSITIVE_Ward_Craig_SoS_decision_Redacted.pdf-accepted Mr Ward’s advances, more serious harm could have followed. ./OFFICIAL_SENSITIVE_Ward_Craig_SoS_decision_Redacted.pdf- ./OFFICIAL_SENSITIVE_Ward_Craig_SoS_decision_Redacted.pdf-At the school’s disciplinary hearing, Mr Ward’s representative stated that Mr Ward was ./OFFICIAL_SENSITIVE_Ward_Craig_SoS_decision_Redacted.pdf-there to say that he had done wrong and made a serious error of judgment, and did not ./OFFICIAL_SENSITIVE_Ward_Craig_SoS_decision_Redacted.pdf-dispute that the messages were sent by him. Mr Ward expressed an apology for his ./OFFICIAL_SENSITIVE_Ward_Craig_SoS_decision_Redacted.pdf-actions and expressed his appreciation for the support he had been provided with. He ./OFFICIAL_SENSITIVE_Ward_Craig_SoS_decision_Redacted.pdf-further stated that he “personally want[ed] to apologise to the family” and that he had ./OFFICIAL_SENSITIVE_Ward_Craig_SoS_decision_Redacted.pdf-“made a serious error of judgement” and that he “wouldn’t do anything like that again”. ./OFFICIAL_SENSITIVE_Ward_Craig_SoS_decision_Redacted.pdf-He stated that “I feel guilty, I do wish to apologise for my actions. I wish to apologise to ./OFFICIAL_SENSITIVE_Ward_Craig_SoS_decision_Redacted.pdf-[the Vice Principal and Investigating Officer] and I am sorry that you have had to deal -- ./OFFICIAL_SENSITIVE_Ward_Craig_SoS_decision_Redacted.pdf- practices of the school in which they teach... ./OFFICIAL_SENSITIVE_Ward_Craig_SoS_decision_Redacted.pdf- ./OFFICIAL_SENSITIVE_Ward_Craig_SoS_decision_Redacted.pdf- • Teachers must have an understanding of, and always act within, the statutory ./OFFICIAL_SENSITIVE_Ward_Craig_SoS_decision_Redacted.pdf- frameworks which set out their professional duties and responsibilities. ./OFFICIAL_SENSITIVE_Ward_Craig_SoS_decision_Redacted.pdf- ./OFFICIAL_SENSITIVE_Ward_Craig_SoS_decision_Redacted.pdf-The panel finds that the conduct of Mr Ward fell significantly short of the standards ./OFFICIAL_SENSITIVE_Ward_Craig_SoS_decision_Redacted.pdf-expected of the profession. ./OFFICIAL_SENSITIVE_Ward_Craig_SoS_decision_Redacted.pdf- ./OFFICIAL_SENSITIVE_Ward_Craig_SoS_decision_Redacted.pdf-The findings of misconduct are particularly serious as they include a finding of a failure to ./OFFICIAL_SENSITIVE_Ward_Craig_SoS_decision_Redacted.pdf-maintain appropriate boundaries with two pupils, sending messages of an inappropriate ./OFFICIAL_SENSITIVE_Ward_Craig_SoS_decision_Redacted.pdf:nature to a pupil, conduct that was found to be sexually motivated. ./OFFICIAL_SENSITIVE_Ward_Craig_SoS_decision_Redacted.pdf- ./OFFICIAL_SENSITIVE_Ward_Craig_SoS_decision_Redacted.pdf-I have to determine whether the imposition of a prohibition order is proportionate and in ./OFFICIAL_SENSITIVE_Ward_Craig_SoS_decision_Redacted.pdf-the public interest. In considering that for this case, I have considered the overall aim of a ./OFFICIAL_SENSITIVE_Ward_Craig_SoS_decision_Redacted.pdf-prohibition order which is to protect pupils and to maintain public confidence in the ./OFFICIAL_SENSITIVE_Ward_Craig_SoS_decision_Redacted.pdf- ./OFFICIAL_SENSITIVE_Ward_Craig_SoS_decision_Redacted.pdf- 17 ./OFFICIAL_SENSITIVE_Ward_Craig_SoS_decision_Redacted.pdf- -- ./OFFICIAL_SENSITIVE_Ward_Craig_SoS_decision_Redacted.pdf-actions.” In my judgement, the lack of full insight means that there is some risk of the ./OFFICIAL_SENSITIVE_Ward_Craig_SoS_decision_Redacted.pdf-repetition of this behaviour and this puts at risk future pupils’ wellbeing. I have therefore ./OFFICIAL_SENSITIVE_Ward_Craig_SoS_decision_Redacted.pdf-given this element considerable weight in reaching my decision. ./OFFICIAL_SENSITIVE_Ward_Craig_SoS_decision_Redacted.pdf- ./OFFICIAL_SENSITIVE_Ward_Craig_SoS_decision_Redacted.pdf-I have gone on to consider the extent to which a prohibition order would maintain public ./OFFICIAL_SENSITIVE_Ward_Craig_SoS_decision_Redacted.pdf-confidence in the profession. The panel observe, “public confidence in the profession ./OFFICIAL_SENSITIVE_Ward_Craig_SoS_decision_Redacted.pdf-could be seriously weakened if conduct such as that found against Mr Ward were not ./OFFICIAL_SENSITIVE_Ward_Craig_SoS_decision_Redacted.pdf-treated with the utmost seriousness when regulating the conduct of the profession. Mr ./OFFICIAL_SENSITIVE_Ward_Craig_SoS_decision_Redacted.pdf-Ward himself had asked that Pupil A keep the matter between themselves which is ./OFFICIAL_SENSITIVE_Ward_Craig_SoS_decision_Redacted.pdf-indicative that Mr Ward was aware of the public reaction if his conduct was discovered.” I ./OFFICIAL_SENSITIVE_Ward_Craig_SoS_decision_Redacted.pdf:am particularly mindful of the finding of sexual motivation in this case and the impact that ./OFFICIAL_SENSITIVE_Ward_Craig_SoS_decision_Redacted.pdf-such a finding has on the reputation of the profession. ./OFFICIAL_SENSITIVE_Ward_Craig_SoS_decision_Redacted.pdf- ./OFFICIAL_SENSITIVE_Ward_Craig_SoS_decision_Redacted.pdf-I have had to consider that the public has a high expectation of professional standards of ./OFFICIAL_SENSITIVE_Ward_Craig_SoS_decision_Redacted.pdf-all teachers and that the public might regard a failure to impose a prohibition order as a ./OFFICIAL_SENSITIVE_Ward_Craig_SoS_decision_Redacted.pdf-failure to uphold those high standards. In weighing these considerations, I have had to ./OFFICIAL_SENSITIVE_Ward_Craig_SoS_decision_Redacted.pdf-consider the matter from the point of view of an “ordinary intelligent and well-informed ./OFFICIAL_SENSITIVE_Ward_Craig_SoS_decision_Redacted.pdf-citizen.” ./OFFICIAL_SENSITIVE_Ward_Craig_SoS_decision_Redacted.pdf- ./OFFICIAL_SENSITIVE_Ward_Craig_SoS_decision_Redacted.pdf- ./OFFICIAL_SENSITIVE_Ward_Craig_SoS_decision_Redacted.pdf- -- ./OFFICIAL_SENSITIVE_Ward_Craig_SoS_decision_Redacted.pdf-I have also considered the impact of a prohibition order on Mr Ward himself and the ./OFFICIAL_SENSITIVE_Ward_Craig_SoS_decision_Redacted.pdf-panel comment “there were no findings by any previous teacher misconduct panel ./OFFICIAL_SENSITIVE_Ward_Craig_SoS_decision_Redacted.pdf-against Mr Ward, but no testimonial statements have been produced by Mr Ward ./OFFICIAL_SENSITIVE_Ward_Craig_SoS_decision_Redacted.pdf-attesting to his good character or ability as a teacher.” ./OFFICIAL_SENSITIVE_Ward_Craig_SoS_decision_Redacted.pdf- ./OFFICIAL_SENSITIVE_Ward_Craig_SoS_decision_Redacted.pdf-A prohibition order would prevent Mr Ward from teaching. A prohibition order would also ./OFFICIAL_SENSITIVE_Ward_Craig_SoS_decision_Redacted.pdf-clearly deprive the public of his contribution to the profession for the period that it is in ./OFFICIAL_SENSITIVE_Ward_Craig_SoS_decision_Redacted.pdf-force. ./OFFICIAL_SENSITIVE_Ward_Craig_SoS_decision_Redacted.pdf- ./OFFICIAL_SENSITIVE_Ward_Craig_SoS_decision_Redacted.pdf-In this case, I have placed considerable weight on the panel’s comments “The panel ./OFFICIAL_SENSITIVE_Ward_Craig_SoS_decision_Redacted.pdf:found that Mr Ward had abused his position as a teacher to pursue either sexual ./OFFICIAL_SENSITIVE_Ward_Craig_SoS_decision_Redacted.pdf:gratification or a sexual relationship with Pupil A, causing harm to Pupil A. Had Pupil A ./OFFICIAL_SENSITIVE_Ward_Craig_SoS_decision_Redacted.pdf-accepted Mr Ward’s advances, more serious harm could have followed.” ./OFFICIAL_SENSITIVE_Ward_Craig_SoS_decision_Redacted.pdf- ./OFFICIAL_SENSITIVE_Ward_Craig_SoS_decision_Redacted.pdf-I have also placed considerable weight on the finding of the panel that Mr Ward sought to ./OFFICIAL_SENSITIVE_Ward_Craig_SoS_decision_Redacted.pdf-keep his conduct a secret and continued his advances despite Pupil A indicating he ./OFFICIAL_SENSITIVE_Ward_Craig_SoS_decision_Redacted.pdf-wanted the attention to stop. ./OFFICIAL_SENSITIVE_Ward_Craig_SoS_decision_Redacted.pdf- ./OFFICIAL_SENSITIVE_Ward_Craig_SoS_decision_Redacted.pdf-I have given less weight in my consideration of sanction therefore, to the contribution that ./OFFICIAL_SENSITIVE_Ward_Craig_SoS_decision_Redacted.pdf-Mr Ward has made to the profession. In my view, it is necessary to impose a prohibition ./OFFICIAL_SENSITIVE_Ward_Craig_SoS_decision_Redacted.pdf-order in order to maintain public confidence in the profession. A published decision, in ./OFFICIAL_SENSITIVE_Ward_Craig_SoS_decision_Redacted.pdf-light of the circumstances in this case, that is not fully backed up by remorse or insight, ./OFFICIAL_SENSITIVE_Web_decision-Evans_Adam.pdf-B. Allegations ./OFFICIAL_SENSITIVE_Web_decision-Evans_Adam.pdf-The panel considered the allegations set out in the Notice of Proceedings dated 3 ./OFFICIAL_SENSITIVE_Web_decision-Evans_Adam.pdf-January 2019. ./OFFICIAL_SENSITIVE_Web_decision-Evans_Adam.pdf- ./OFFICIAL_SENSITIVE_Web_decision-Evans_Adam.pdf-It was alleged that Mr Adam Evans was guilty of unacceptable professional conduct ./OFFICIAL_SENSITIVE_Web_decision-Evans_Adam.pdf-and/or conduct that may bring the profession into disrepute in that whilst employed as a ./OFFICIAL_SENSITIVE_Web_decision-Evans_Adam.pdf-teacher at the Fazakerley High School: ./OFFICIAL_SENSITIVE_Web_decision-Evans_Adam.pdf- ./OFFICIAL_SENSITIVE_Web_decision-Evans_Adam.pdf: 1. He made one or more comments of an inappropriate and/or sexual nature to ./OFFICIAL_SENSITIVE_Web_decision-Evans_Adam.pdf- one or more pupils, including to the effect of: ./OFFICIAL_SENSITIVE_Web_decision-Evans_Adam.pdf- ./OFFICIAL_SENSITIVE_Web_decision-Evans_Adam.pdf- a) "it looks like you've fingered a smurf" with reference to a pupil with blue ./OFFICIAL_SENSITIVE_Web_decision-Evans_Adam.pdf- fingers; ./OFFICIAL_SENSITIVE_Web_decision-Evans_Adam.pdf- ./OFFICIAL_SENSITIVE_Web_decision-Evans_Adam.pdf- b) describing a pupil's work as "trolls pubes"; ./OFFICIAL_SENSITIVE_Web_decision-Evans_Adam.pdf- ./OFFICIAL_SENSITIVE_Web_decision-Evans_Adam.pdf- c) "you look like you're deep throating it" with reference to a pupil eating a ./OFFICIAL_SENSITIVE_Web_decision-Evans_Adam.pdf- chocolate bar; ./OFFICIAL_SENSITIVE_Web_decision-Evans_Adam.pdf- -- ./OFFICIAL_SENSITIVE_Web_decision-Evans_Adam.pdf-Findings of fact ./OFFICIAL_SENSITIVE_Web_decision-Evans_Adam.pdf-Our findings of fact are as follows: ./OFFICIAL_SENSITIVE_Web_decision-Evans_Adam.pdf- ./OFFICIAL_SENSITIVE_Web_decision-Evans_Adam.pdf-The panel has found the following particulars of the allegations against you proven, for ./OFFICIAL_SENSITIVE_Web_decision-Evans_Adam.pdf-these reasons: ./OFFICIAL_SENSITIVE_Web_decision-Evans_Adam.pdf- ./OFFICIAL_SENSITIVE_Web_decision-Evans_Adam.pdf: 1. You made one or more comments of an inappropriate and/or sexual ./OFFICIAL_SENSITIVE_Web_decision-Evans_Adam.pdf- nature to one or more pupils, including to the effect of: ./OFFICIAL_SENSITIVE_Web_decision-Evans_Adam.pdf- ./OFFICIAL_SENSITIVE_Web_decision-Evans_Adam.pdf- a) "it looks like you've fingered a smurf" with reference to a pupil with ./OFFICIAL_SENSITIVE_Web_decision-Evans_Adam.pdf- blue fingers ./OFFICIAL_SENSITIVE_Web_decision-Evans_Adam.pdf- ./OFFICIAL_SENSITIVE_Web_decision-Evans_Adam.pdf- b) describing a pupil's work as "trolls pubes" ./OFFICIAL_SENSITIVE_Web_decision-Evans_Adam.pdf- ./OFFICIAL_SENSITIVE_Web_decision-Evans_Adam.pdf- c) "you look like you're deep throating it" with reference to a pupil ./OFFICIAL_SENSITIVE_Web_decision-Evans_Adam.pdf- eating a chocolate bar ./OFFICIAL_SENSITIVE_Web_decision-Evans_Adam.pdf- -- ./OFFICIAL_SENSITIVE_Web_decision-Evans_Adam.pdf- finger-blasting girls and said that it was not right for a 15 year old to finger blast a ./OFFICIAL_SENSITIVE_Web_decision-Evans_Adam.pdf- 14 year old." ./OFFICIAL_SENSITIVE_Web_decision-Evans_Adam.pdf- ./OFFICIAL_SENSITIVE_Web_decision-Evans_Adam.pdf- "Once I had mentioned that a seat was warm and Mr Evans said something along ./OFFICIAL_SENSITIVE_Web_decision-Evans_Adam.pdf- the lines of 'sniff the seat because sweaty gooches have been on it.' This made ./OFFICIAL_SENSITIVE_Web_decision-Evans_Adam.pdf- me feel uncomfortable but I laughed it off as everybody else in the class found it ./OFFICIAL_SENSITIVE_Web_decision-Evans_Adam.pdf- funny." ./OFFICIAL_SENSITIVE_Web_decision-Evans_Adam.pdf- ./OFFICIAL_SENSITIVE_Web_decision-Evans_Adam.pdf-The panel also heard evidence on these allegations from Mr Evans. He accepted that all ./OFFICIAL_SENSITIVE_Web_decision-Evans_Adam.pdf-of the alleged comments had been said by him and that each was inappropriate and of a ./OFFICIAL_SENSITIVE_Web_decision-Evans_Adam.pdf:sexual nature, although there was no sexual intent behind their use. ./OFFICIAL_SENSITIVE_Web_decision-Evans_Adam.pdf- ./OFFICIAL_SENSITIVE_Web_decision-Evans_Adam.pdf-Mr Evans' recollection was that these comments had been made in one lesson at the end ./OFFICIAL_SENSITIVE_Web_decision-Evans_Adam.pdf-of January or beginning of February 2018. Whilst he could not recall making the ./OFFICIAL_SENSITIVE_Web_decision-Evans_Adam.pdf-comments alleged at 1c and 1d, Mr Evans admitted these allegations due to his pattern ./OFFICIAL_SENSITIVE_Web_decision-Evans_Adam.pdf-of behaviour at the time of the incident. ./OFFICIAL_SENSITIVE_Web_decision-Evans_Adam.pdf- ./OFFICIAL_SENSITIVE_Web_decision-Evans_Adam.pdf-Mr Evans also gave evidence on his personal circumstances that were present at that ./OFFICIAL_SENSITIVE_Web_decision-Evans_Adam.pdf-time. The panel determined that this evidence was more pertinent, if appropriate, to be ./OFFICIAL_SENSITIVE_Web_decision-Evans_Adam.pdf-considered as mitigation. ./OFFICIAL_SENSITIVE_Web_decision-Evans_Adam.pdf- ./OFFICIAL_SENSITIVE_Web_decision-Evans_Adam.pdf-In the light of the unequivocal admissions to all of these allegations, the written evidence ./OFFICIAL_SENSITIVE_Web_decision-Evans_Adam.pdf-of Pupil A and the live evidence from Mr Evans, the panel determined that each ./OFFICIAL_SENSITIVE_Web_decision-Evans_Adam.pdf-comment, on balance, had been made by Mr Evans. Further, each was clearly ./OFFICIAL_SENSITIVE_Web_decision-Evans_Adam.pdf:inappropriate and, in context, of a sexual nature. The panel therefore found each ./OFFICIAL_SENSITIVE_Web_decision-Evans_Adam.pdf-allegation proved. ./OFFICIAL_SENSITIVE_Web_decision-Evans_Adam.pdf- ./OFFICIAL_SENSITIVE_Web_decision-Evans_Adam.pdf-Findings as to unacceptable professional conduct and/or conduct that ./OFFICIAL_SENSITIVE_Web_decision-Evans_Adam.pdf-may bring the profession into disrepute ./OFFICIAL_SENSITIVE_Web_decision-Evans_Adam.pdf-Having found all of the allegations to have been proved, the panel went on to consider ./OFFICIAL_SENSITIVE_Web_decision-Evans_Adam.pdf-whether the facts of those proven allegations amounted to unacceptable professional ./OFFICIAL_SENSITIVE_Web_decision-Evans_Adam.pdf-conduct and/or conduct that may bring the profession into disrepute. ./OFFICIAL_SENSITIVE_Web_decision-Evans_Adam.pdf- ./OFFICIAL_SENSITIVE_Web_decision-Evans_Adam.pdf-Whilst the panel noted Mr Evans' acceptance that his proven conduct amounted to ./OFFICIAL_SENSITIVE_Web_decision-Evans_Adam.pdf-unacceptable professional conduct and conduct that may bring the profession into -- ./OFFICIAL_SENSITIVE_Web_decision-Evans_Adam.pdf-Advice and having done so has found a number of them to be relevant in this case, ./OFFICIAL_SENSITIVE_Web_decision-Evans_Adam.pdf-namely: ./OFFICIAL_SENSITIVE_Web_decision-Evans_Adam.pdf- ./OFFICIAL_SENSITIVE_Web_decision-Evans_Adam.pdf- • the maintenance of public confidence in the profession; ./OFFICIAL_SENSITIVE_Web_decision-Evans_Adam.pdf- ./OFFICIAL_SENSITIVE_Web_decision-Evans_Adam.pdf- • declaring and upholding proper standards of conduct; and ./OFFICIAL_SENSITIVE_Web_decision-Evans_Adam.pdf- ./OFFICIAL_SENSITIVE_Web_decision-Evans_Adam.pdf- • the interest of retaining the teacher in the profession. ./OFFICIAL_SENSITIVE_Web_decision-Evans_Adam.pdf- ./OFFICIAL_SENSITIVE_Web_decision-Evans_Adam.pdf-In light of the panel’s findings against Mr Evans, which involved his making comments of ./OFFICIAL_SENSITIVE_Web_decision-Evans_Adam.pdf:an inappropriate and sexual nature in front of pupils during one lesson, the panel ./OFFICIAL_SENSITIVE_Web_decision-Evans_Adam.pdf-considered that public confidence in the profession could be seriously weakened if ./OFFICIAL_SENSITIVE_Web_decision-Evans_Adam.pdf-conduct such as that found against Mr Evans were not treated with the utmost ./OFFICIAL_SENSITIVE_Web_decision-Evans_Adam.pdf-seriousness when regulating the conduct of the profession. Similarly, the panel also ./OFFICIAL_SENSITIVE_Web_decision-Evans_Adam.pdf-decided that a strong public interest consideration was present in declaring proper ./OFFICIAL_SENSITIVE_Web_decision-Evans_Adam.pdf-standards of conduct in the profession as the conduct found against Mr Evans was ./OFFICIAL_SENSITIVE_Web_decision-Evans_Adam.pdf-outside that which could reasonably be tolerated. ./OFFICIAL_SENSITIVE_Web_decision-Evans_Adam.pdf- ./OFFICIAL_SENSITIVE_Web_decision-Evans_Adam.pdf-The panel determined that there was a strong public interest consideration in retaining Mr ./OFFICIAL_SENSITIVE_Web_decision-Evans_Adam.pdf-Evans in the profession. The panel had the benefit of a number of references attesting to ./OFFICIAL_SENSITIVE_Web_decision-Evans_Adam.pdf-Mr Evans' qualities as a teacher and also as a person. Some of those references that the -- ./OFFICIAL_SENSITIVE_Web_decision-Evans_Adam.pdf-lead up to the incident to happen again. Nevertheless, he did appreciate that teaching ./OFFICIAL_SENSITIVE_Web_decision-Evans_Adam.pdf-was an inherently stressful career and had learnt coping mechanisms to deal with stress ./OFFICIAL_SENSITIVE_Web_decision-Evans_Adam.pdf-in the future. [REDACTED]. As a result of this process, the need for clear and ./OFFICIAL_SENSITIVE_Web_decision-Evans_Adam.pdf-unambiguous boundaries to be maintained was now apparent to Mr Evans. ./OFFICIAL_SENSITIVE_Web_decision-Evans_Adam.pdf- ./OFFICIAL_SENSITIVE_Web_decision-Evans_Adam.pdf-The panel first considered whether it would be proportionate to conclude this case with ./OFFICIAL_SENSITIVE_Web_decision-Evans_Adam.pdf-no recommendation of prohibition, considering whether the publication of the findings ./OFFICIAL_SENSITIVE_Web_decision-Evans_Adam.pdf-made by the panel would be sufficient. ./OFFICIAL_SENSITIVE_Web_decision-Evans_Adam.pdf- ./OFFICIAL_SENSITIVE_Web_decision-Evans_Adam.pdf-In the panel's opinion, the comments made by Mr Evans were clearly inappropriate and, ./OFFICIAL_SENSITIVE_Web_decision-Evans_Adam.pdf:because of the words used, sexual. However, the conduct complained of was limited to a ./OFFICIAL_SENSITIVE_Web_decision-Evans_Adam.pdf-single lesson and was a misjudgement, albeit a significant one, by Mr Evans following a ./OFFICIAL_SENSITIVE_Web_decision-Evans_Adam.pdf-lengthy period of pressure being placed on him both in a professional and personal ./OFFICIAL_SENSITIVE_Web_decision-Evans_Adam.pdf- ./OFFICIAL_SENSITIVE_Web_decision-Evans_Adam.pdf- 11 ./OFFICIAL_SENSITIVE_Web_decision-Evans_Adam.pdf- -- ./OFFICIAL_SENSITIVE_Web_decision-Evans_Adam.pdf-achieve that aim taking into account the impact that it will have on the individual teacher. ./OFFICIAL_SENSITIVE_Web_decision-Evans_Adam.pdf-I have also asked myself, whether a less intrusive measure, such as the published ./OFFICIAL_SENSITIVE_Web_decision-Evans_Adam.pdf-finding of unacceptable professional conduct and conduct that may bring the profession ./OFFICIAL_SENSITIVE_Web_decision-Evans_Adam.pdf-into disrepute, would itself be sufficient to achieve the overall aim. I have to consider ./OFFICIAL_SENSITIVE_Web_decision-Evans_Adam.pdf-whether the consequences of such a publication are themselves sufficient. I have ./OFFICIAL_SENSITIVE_Web_decision-Evans_Adam.pdf-considered therefore whether or not prohibiting Mr Evans, and the impact that will have ./OFFICIAL_SENSITIVE_Web_decision-Evans_Adam.pdf-on him, is proportionate and in the public interest. ./OFFICIAL_SENSITIVE_Web_decision-Evans_Adam.pdf- ./OFFICIAL_SENSITIVE_Web_decision-Evans_Adam.pdf-In this case, I have considered the extent to which a prohibition order would protect ./OFFICIAL_SENSITIVE_Web_decision-Evans_Adam.pdf-children. The panel has observed that Mr Evans behaviour, “ involved his making ./OFFICIAL_SENSITIVE_Web_decision-Evans_Adam.pdf:comments of an inappropriate and sexual nature in front of pupils during one lesson.” A ./OFFICIAL_SENSITIVE_Web_decision-Evans_Adam.pdf-prohibition order would therefore prevent such a risk from being present in the future. I ./OFFICIAL_SENSITIVE_Web_decision-Evans_Adam.pdf-have also taken into account the panel’s comments on insight and remorse, which the ./OFFICIAL_SENSITIVE_Web_decision-Evans_Adam.pdf-panel sets out as follows, “….remorse appeared genuine to the panel, which also noted ./OFFICIAL_SENSITIVE_Web_decision-Evans_Adam.pdf-his early admissions to all allegations. These provided some further indication as to his ./OFFICIAL_SENSITIVE_Web_decision-Evans_Adam.pdf-insight on his behaviour.” ./OFFICIAL_SENSITIVE_Web_decision-Evans_Adam.pdf- ./OFFICIAL_SENSITIVE_Web_decision-Evans_Adam.pdf-I have gone on to consider the extent to which a prohibition order would maintain public ./OFFICIAL_SENSITIVE_Web_decision-Evans_Adam.pdf-confidence in the profession. The panel observe, “ the conduct displayed would likely ./OFFICIAL_SENSITIVE_Web_decision-Evans_Adam.pdf-have a negative impact on Mr Evans' status as a teacher, potentially damaging the ./OFFICIAL_SENSITIVE_Web_decision-Evans_Adam.pdf-public's perception of him and the profession.” ./OFFICIAL_SENSITIVE_Web_Decision_-_Denton_M.pdf- indecent photograph or pseudo-photograph of children on 31 December 2009 ./OFFICIAL_SENSITIVE_Web_Decision_-_Denton_M.pdf- contrary to the Protection of Children Act 1978 Section 1(a) and he was sentenced ./OFFICIAL_SENSITIVE_Web_Decision_-_Denton_M.pdf- to a supervision requirement community order, to pay costs of £85 and subject to ./OFFICIAL_SENSITIVE_Web_Decision_-_Denton_M.pdf- a Sex offenders notice 5 years programme requirement forfeiture and destruction ./OFFICIAL_SENSITIVE_Web_Decision_-_Denton_M.pdf- which was subsequently varied on 03/02/2016. Order to continue order varied ./OFFICIAL_SENSITIVE_Web_Decision_-_Denton_M.pdf- programme requirement removed. ./OFFICIAL_SENSITIVE_Web_Decision_-_Denton_M.pdf- ./OFFICIAL_SENSITIVE_Web_Decision_-_Denton_M.pdf-2. On 28 July 2015 at North Hampshire Magistrates he was convicted of making ./OFFICIAL_SENSITIVE_Web_Decision_-_Denton_M.pdf- indecent photograph or pseudo-photograph of children on 6 May 2010 contrary to ./OFFICIAL_SENSITIVE_Web_Decision_-_Denton_M.pdf- the Protection of Children Act 1978 Section 1(a) and he was sentenced to a ./OFFICIAL_SENSITIVE_Web_Decision_-_Denton_M.pdf: supervision requirement community order until 27/07/18, subject to a sex ./OFFICIAL_SENSITIVE_Web_Decision_-_Denton_M.pdf- offenders notice 5 years programme requirement subsequently varied on ./OFFICIAL_SENSITIVE_Web_Decision_-_Denton_M.pdf- 03/02/2016. Order to continue order varied programme requirement removed. ./OFFICIAL_SENSITIVE_Web_Decision_-_Denton_M.pdf- ./OFFICIAL_SENSITIVE_Web_Decision_-_Denton_M.pdf-3. On 28 July 2015 at North Hampshire Magistrates he was convicted of making ./OFFICIAL_SENSITIVE_Web_Decision_-_Denton_M.pdf- indecent photograph or pseudo-photograph of children on 31 December 2009 ./OFFICIAL_SENSITIVE_Web_Decision_-_Denton_M.pdf- contrary to the Protection of Children Act 1978 Section 1(a) and he was sentenced ./OFFICIAL_SENSITIVE_Web_Decision_-_Denton_M.pdf- to the same as outlined above at 2. ./OFFICIAL_SENSITIVE_Web_Decision_-_Denton_M.pdf- ./OFFICIAL_SENSITIVE_Web_Decision_-_Denton_M.pdf-4. On 28 July 2015 at North Hampshire Magistrates he was convicted of making ./OFFICIAL_SENSITIVE_Web_Decision_-_Denton_M.pdf- indecent photograph or pseudo-photograph of children on 4 January 2010 -- ./OFFICIAL_SENSITIVE_Web_Decision_-_Denton_M.pdf- ./OFFICIAL_SENSITIVE_Web_Decision_-_Denton_M.pdf-The panel has found the following particulars of the allegations against you proven, for ./OFFICIAL_SENSITIVE_Web_Decision_-_Denton_M.pdf-these reasons: ./OFFICIAL_SENSITIVE_Web_Decision_-_Denton_M.pdf- ./OFFICIAL_SENSITIVE_Web_Decision_-_Denton_M.pdf-You have been convicted, at any time, of the following offences: ./OFFICIAL_SENSITIVE_Web_Decision_-_Denton_M.pdf- ./OFFICIAL_SENSITIVE_Web_Decision_-_Denton_M.pdf-1. On 28 July 2015 at North Hampshire Magistrates you were convicted of ./OFFICIAL_SENSITIVE_Web_Decision_-_Denton_M.pdf- making indecent photograph or pseudo-photograph of children on 31 ./OFFICIAL_SENSITIVE_Web_Decision_-_Denton_M.pdf- December 2009 contrary to the Protection of Children Act 1978 Section 1(a) ./OFFICIAL_SENSITIVE_Web_Decision_-_Denton_M.pdf- and he was sentenced to a supervision requirement community order, to pay ./OFFICIAL_SENSITIVE_Web_Decision_-_Denton_M.pdf: costs of £85 and subject to a sex offenders notice 5 years programme ./OFFICIAL_SENSITIVE_Web_Decision_-_Denton_M.pdf- requirement forfeiture and destruction which was subsequently varied on ./OFFICIAL_SENSITIVE_Web_Decision_-_Denton_M.pdf- 03/02/2016. Order to continue order varied programme requirement removed. ./OFFICIAL_SENSITIVE_Web_Decision_-_Denton_M.pdf- ./OFFICIAL_SENSITIVE_Web_Decision_-_Denton_M.pdf-In light of the Certificate of Conviction and the Statement of Agreed Facts (that included ./OFFICIAL_SENSITIVE_Web_Decision_-_Denton_M.pdf-an unequivocal admission) the panel finds the allegation proven. ./OFFICIAL_SENSITIVE_Web_Decision_-_Denton_M.pdf- ./OFFICIAL_SENSITIVE_Web_Decision_-_Denton_M.pdf- ./OFFICIAL_SENSITIVE_Web_Decision_-_Denton_M.pdf- ./OFFICIAL_SENSITIVE_Web_Decision_-_Denton_M.pdf- 6 ./OFFICIAL_SENSITIVE_Web_Decision_-_Denton_M.pdf- -- ./OFFICIAL_SENSITIVE_Web_Decision_-_Denton_M.pdf-2. On 28 July 2015 at North Hampshire Magistrates you were convicted of ./OFFICIAL_SENSITIVE_Web_Decision_-_Denton_M.pdf- making indecent photograph or pseudo-photograph of children on 6 May ./OFFICIAL_SENSITIVE_Web_Decision_-_Denton_M.pdf- 2010 contrary to the Protection of Children Act 1978 Section 1(a) and he was ./OFFICIAL_SENSITIVE_Web_Decision_-_Denton_M.pdf- sentenced to a supervision requirement community order until 27/07/18, ./OFFICIAL_SENSITIVE_Web_Decision_-_Denton_M.pdf: subject to a sex offenders notice 5 years programme requirement ./OFFICIAL_SENSITIVE_Web_Decision_-_Denton_M.pdf- subsequently varied on 03/02/2016. Order to continue order varied ./OFFICIAL_SENSITIVE_Web_Decision_-_Denton_M.pdf- programme requirement removed. ./OFFICIAL_SENSITIVE_Web_Decision_-_Denton_M.pdf- ./OFFICIAL_SENSITIVE_Web_Decision_-_Denton_M.pdf-In light of the Certificate of Conviction and the Statement of Agreed Facts (that included ./OFFICIAL_SENSITIVE_Web_Decision_-_Denton_M.pdf-an unequivocal admission) the panel finds the allegation proven. ./OFFICIAL_SENSITIVE_Web_Decision_-_Denton_M.pdf- ./OFFICIAL_SENSITIVE_Web_Decision_-_Denton_M.pdf-3. On 28 July 2015 at North Hampshire Magistrates you were convicted of ./OFFICIAL_SENSITIVE_Web_Decision_-_Denton_M.pdf- making indecent photograph or pseudo-photograph of children on 31 ./OFFICIAL_SENSITIVE_Web_Decision_-_Denton_M.pdf- December 2009 contrary to the Protection of Children Act 1978 Section 1(a) ./OFFICIAL_SENSITIVE_Web_Decision_-_Denton_M.pdf- and he was sentenced to the same as outlined above at 2. ./OFFICIAL_SENSITIVE_Web_decision__-_Rodda_M.pdf- ./OFFICIAL_SENSITIVE_Web_decision__-_Rodda_M.pdf- c. “is not a relationship if it’s your right hand”; ./OFFICIAL_SENSITIVE_Web_decision__-_Rodda_M.pdf- ./OFFICIAL_SENSITIVE_Web_decision__-_Rodda_M.pdf- d. “it must be my age, I can’t get it up”; ./OFFICIAL_SENSITIVE_Web_decision__-_Rodda_M.pdf- ./OFFICIAL_SENSITIVE_Web_decision__-_Rodda_M.pdf- e. “what I do with my partner is not what I’d do to a student”; ./OFFICIAL_SENSITIVE_Web_decision__-_Rodda_M.pdf- ./OFFICIAL_SENSITIVE_Web_decision__-_Rodda_M.pdf- f. “are you looking at his cock, because if you are you will need a ./OFFICIAL_SENSITIVE_Web_decision__-_Rodda_M.pdf- microscope”; ./OFFICIAL_SENSITIVE_Web_decision__-_Rodda_M.pdf- ./OFFICIAL_SENSITIVE_Web_decision__-_Rodda_M.pdf: g. “are you tired from watching too much porn?”; ./OFFICIAL_SENSITIVE_Web_decision__-_Rodda_M.pdf- ./OFFICIAL_SENSITIVE_Web_decision__-_Rodda_M.pdf- h. telling Pupil C that he had “not hit puberty”; ./OFFICIAL_SENSITIVE_Web_decision__-_Rodda_M.pdf- ./OFFICIAL_SENSITIVE_Web_decision__-_Rodda_M.pdf- i. telling Pupil H he was going to “snap his neck”; ./OFFICIAL_SENSITIVE_Web_decision__-_Rodda_M.pdf- ./OFFICIAL_SENSITIVE_Web_decision__-_Rodda_M.pdf- j. “there’s nothing there” when referring to a pupil’s genital area; ./OFFICIAL_SENSITIVE_Web_decision__-_Rodda_M.pdf- ./OFFICIAL_SENSITIVE_Web_decision__-_Rodda_M.pdf- k. saying that he would “rather blow shit up”; ./OFFICIAL_SENSITIVE_Web_decision__-_Rodda_M.pdf- ./OFFICIAL_SENSITIVE_Web_decision__-_Rodda_M.pdf- 4 -- ./OFFICIAL_SENSITIVE_Web_decision__-_Rodda_M.pdf- ./OFFICIAL_SENSITIVE_Web_decision__-_Rodda_M.pdf-The panel has carefully considered the case before us and have reached a decision. ./OFFICIAL_SENSITIVE_Web_decision__-_Rodda_M.pdf- ./OFFICIAL_SENSITIVE_Web_decision__-_Rodda_M.pdf-The panel confirms that it has read all the documents provided. ./OFFICIAL_SENSITIVE_Web_decision__-_Rodda_M.pdf- ./OFFICIAL_SENSITIVE_Web_decision__-_Rodda_M.pdf-Mr Rodda was employed as a teacher of science at Brookfield Community School (“the ./OFFICIAL_SENSITIVE_Web_decision__-_Rodda_M.pdf-School”) from 1 January 2017. On or around 19 January 2017 Mr Rodda was provided ./OFFICIAL_SENSITIVE_Web_decision__-_Rodda_M.pdf-with a copy of the “Keeping Children Safe in Education 2016” guidance. Later that month ./OFFICIAL_SENSITIVE_Web_decision__-_Rodda_M.pdf-the School received an email from a parent with concerns as to Mr Rodda’s making ./OFFICIAL_SENSITIVE_Web_decision__-_Rodda_M.pdf-inappropriate comments in lessons. Several pupils had raised similar allegations that Mr ./OFFICIAL_SENSITIVE_Web_decision__-_Rodda_M.pdf:Rodda had acted inappropriately in the classroom by making comments of a sexual ./OFFICIAL_SENSITIVE_Web_decision__-_Rodda_M.pdf-and/or inappropriate nature. There was also an allegation that Mr Rodda had had ./OFFICIAL_SENSITIVE_Web_decision__-_Rodda_M.pdf-inappropriate physical contact with pupils in lessons. Mr Rodda was suspended on 14 ./OFFICIAL_SENSITIVE_Web_decision__-_Rodda_M.pdf-March 2017 pending an investigation and the investigatory interview took place on 22 ./OFFICIAL_SENSITIVE_Web_decision__-_Rodda_M.pdf-March 2017. The investigation considered whether there were sufficient reasonable ./OFFICIAL_SENSITIVE_Web_decision__-_Rodda_M.pdf-grounds for the allegation of gross misconduct against Mr Rodda to be substantiated. ./OFFICIAL_SENSITIVE_Web_decision__-_Rodda_M.pdf-The disciplinary hearing was due to take place on 10 May 2017; however, Mr Rodda ./OFFICIAL_SENSITIVE_Web_decision__-_Rodda_M.pdf-resigned two days earlier, on 8 May 2017. A disciplinary hearing did not therefore take ./OFFICIAL_SENSITIVE_Web_decision__-_Rodda_M.pdf-place. ./OFFICIAL_SENSITIVE_Web_decision__-_Rodda_M.pdf- ./OFFICIAL_SENSITIVE_Web_decision__-_Rodda_M.pdf- -- ./OFFICIAL_SENSITIVE_Web_decision__-_Rodda_M.pdf-before considering whether they amount to inappropriate physical contact. ./OFFICIAL_SENSITIVE_Web_decision__-_Rodda_M.pdf- ./OFFICIAL_SENSITIVE_Web_decision__-_Rodda_M.pdf-Mr Rodda indicated, in his submissions he provided which was prepared at a meeting he ./OFFICIAL_SENSITIVE_Web_decision__-_Rodda_M.pdf-had with his representative on 9 March 2018, that “I agree I had some inappropriate ./OFFICIAL_SENSITIVE_Web_decision__-_Rodda_M.pdf-physical contact with one or more pupils”. ./OFFICIAL_SENSITIVE_Web_decision__-_Rodda_M.pdf- ./OFFICIAL_SENSITIVE_Web_decision__-_Rodda_M.pdf- a. massaging their shoulders and/or back and/or neck; ./OFFICIAL_SENSITIVE_Web_decision__-_Rodda_M.pdf- ./OFFICIAL_SENSITIVE_Web_decision__-_Rodda_M.pdf-In his submissions, Mr Rodda denied that he massaged pupils’ shoulders although he ./OFFICIAL_SENSITIVE_Web_decision__-_Rodda_M.pdf-admitted to touching pupils’ shoulders approximately 2 to 3 times a day to get their ./OFFICIAL_SENSITIVE_Web_decision__-_Rodda_M.pdf:attention. Mr Rodda stated that this contact is not sexual in nature, nor abusive. Mr ./OFFICIAL_SENSITIVE_Web_decision__-_Rodda_M.pdf-Rodda noted that, whilst touching pupils’ shoulders, he may have accidentally touched ./OFFICIAL_SENSITIVE_Web_decision__-_Rodda_M.pdf-their upper backs, although he cannot remember doing so. He also states that he might ./OFFICIAL_SENSITIVE_Web_decision__-_Rodda_M.pdf-have also touched pupils’ necks, although he says that this is less likely. ./OFFICIAL_SENSITIVE_Web_decision__-_Rodda_M.pdf- ./OFFICIAL_SENSITIVE_Web_decision__-_Rodda_M.pdf-The incident records of Pupil H, Pupil I and Pupil J describe the accounts of these pupils’ ./OFFICIAL_SENSITIVE_Web_decision__-_Rodda_M.pdf-witnessing Mr Rodda’s massaging the shoulders of Pupil H. In addition, the interview ./OFFICIAL_SENSITIVE_Web_decision__-_Rodda_M.pdf-notes within the bundle for Pupil H and Pupil P further describe an incident of this nature. ./OFFICIAL_SENSITIVE_Web_decision__-_Rodda_M.pdf- ./OFFICIAL_SENSITIVE_Web_decision__-_Rodda_M.pdf-The panel also heard oral evidence in relation to Mr Rodda’s massaging the shoulders of ./OFFICIAL_SENSITIVE_Web_decision__-_Rodda_M.pdf-Pupil H. In particular, the panel heard video link evidence from Pupil A, that she had seen -- ./OFFICIAL_SENSITIVE_Web_decision__-_Rodda_M.pdf: 2. made comments which were inappropriate and/or of a sexual nature to one ./OFFICIAL_SENSITIVE_Web_decision__-_Rodda_M.pdf- or more pupils, by making comments including or to the effect of: ./OFFICIAL_SENSITIVE_Web_decision__-_Rodda_M.pdf- ./OFFICIAL_SENSITIVE_Web_decision__-_Rodda_M.pdf-In relation to the relevance of the previous finding of fact of May 2016, the panel took into ./OFFICIAL_SENSITIVE_Web_decision__-_Rodda_M.pdf-account the legal advice and the presenting officer’s submissions. The panel noted that ./OFFICIAL_SENSITIVE_Web_decision__-_Rodda_M.pdf-the nature of the allegations in the previous professional conduct panel’s findings were ./OFFICIAL_SENSITIVE_Web_decision__-_Rodda_M.pdf-similar in nature to the current allegations. It could therefore take the previous findings of ./OFFICIAL_SENSITIVE_Web_decision__-_Rodda_M.pdf-fact into account with regard to propensity. However, the panel has made the decision as ./OFFICIAL_SENSITIVE_Web_decision__-_Rodda_M.pdf-to whether the facts are proven on the basis of the evidence presented to it in this ./OFFICIAL_SENSITIVE_Web_decision__-_Rodda_M.pdf-hearing and has had no regard to the previous finding. ./OFFICIAL_SENSITIVE_Web_decision__-_Rodda_M.pdf- ./OFFICIAL_SENSITIVE_Web_decision__-_Rodda_M.pdf-In relation to allegation 2, the panel firstly considered each of the sub-particulars, before ./OFFICIAL_SENSITIVE_Web_decision__-_Rodda_M.pdf:considering whether their nature was inappropriate and/or of a sexual nature. ./OFFICIAL_SENSITIVE_Web_decision__-_Rodda_M.pdf- ./OFFICIAL_SENSITIVE_Web_decision__-_Rodda_M.pdf- a. “are you going to spit or swallow”; ./OFFICIAL_SENSITIVE_Web_decision__-_Rodda_M.pdf- ./OFFICIAL_SENSITIVE_Web_decision__-_Rodda_M.pdf-Mr Rodda accepts in his submissions that “I did make the spit or swallow comment, but it ./OFFICIAL_SENSITIVE_Web_decision__-_Rodda_M.pdf-was in the context of chewing gum. I know the panel will think this is inappropriate but I ./OFFICIAL_SENSITIVE_Web_decision__-_Rodda_M.pdf:don’t. I can see it might be interpreted as a sexual comment but I don’t think it was. I can ./OFFICIAL_SENSITIVE_Web_decision__-_Rodda_M.pdf:see teenage boys would probably take it as sexual though and it was not the best phrase ./OFFICIAL_SENSITIVE_Web_decision__-_Rodda_M.pdf-to be using. I don’t know if it’s a phrase a teacher should be using.” ./OFFICIAL_SENSITIVE_Web_decision__-_Rodda_M.pdf- ./OFFICIAL_SENSITIVE_Web_decision__-_Rodda_M.pdf-Pupil A, Pupil J, Pupil L, Pupil N and Pupil O all state, in their incident records and ./OFFICIAL_SENSITIVE_Web_decision__-_Rodda_M.pdf-accounts, that Mr Rodda said this comment. ./OFFICIAL_SENSITIVE_Web_decision__-_Rodda_M.pdf- ./OFFICIAL_SENSITIVE_Web_decision__-_Rodda_M.pdf-Pupil N said when giving her evidence to the panel that Mr Rodda made this comment ./OFFICIAL_SENSITIVE_Web_decision__-_Rodda_M.pdf:and that she was sure it was “a deliberate sexual innuendo”. She said that after he said it ./OFFICIAL_SENSITIVE_Web_decision__-_Rodda_M.pdf-the pupil swallowed the chewing gum and then Mr Rodda said “good boy” and smirked in ./OFFICIAL_SENSITIVE_Web_decision__-_Rodda_M.pdf-a “rude way”. ./OFFICIAL_SENSITIVE_Web_decision__-_Rodda_M.pdf- ./OFFICIAL_SENSITIVE_Web_decision__-_Rodda_M.pdf-In addition, Pupil P gave oral evidence that she heard Mr Rodda say to Pupil G “do you ./OFFICIAL_SENSITIVE_Web_decision__-_Rodda_M.pdf-spit or swallow?”, or similar. She said that Mr Rodda said this as Pupil G was chewing ./OFFICIAL_SENSITIVE_Web_decision__-_Rodda_M.pdf:gum and that Mr Rodda said it in a “sexual way” as he makes lots of sexual comments. ./OFFICIAL_SENSITIVE_Web_decision__-_Rodda_M.pdf:She said she could also tell that Mr Rodda said it in a sexual way because the comment ./OFFICIAL_SENSITIVE_Web_decision__-_Rodda_M.pdf-was not said as though Pupil G was having a telling off; instead, the tone was rude. Pupil ./OFFICIAL_SENSITIVE_Web_decision__-_Rodda_M.pdf:P said that it was also clear that the comment was meant in a sexual way as it is a “term ./OFFICIAL_SENSITIVE_Web_decision__-_Rodda_M.pdf:which is used to be stereotypically sexual in nature”. ./OFFICIAL_SENSITIVE_Web_decision__-_Rodda_M.pdf- ./OFFICIAL_SENSITIVE_Web_decision__-_Rodda_M.pdf-The panel heard oral evidence from the headteacher of the School who said that of all ./OFFICIAL_SENSITIVE_Web_decision__-_Rodda_M.pdf:the pupils who took part in the investigation were “adamant” that it was said in a sexual ./OFFICIAL_SENSITIVE_Web_decision__-_Rodda_M.pdf-way. The headteacher added that he would not expect his staff to be using terms such as ./OFFICIAL_SENSITIVE_Web_decision__-_Rodda_M.pdf-this with pupils of this age group, particularly in the way it was said, as he considered it is ./OFFICIAL_SENSITIVE_Web_decision__-_Rodda_M.pdf-inappropriate. ./OFFICIAL_SENSITIVE_Web_decision__-_Rodda_M.pdf- ./OFFICIAL_SENSITIVE_Web_decision__-_Rodda_M.pdf-Taking into account Mr Rodda’s admission and the pupils’ accounts, written and oral, the ./OFFICIAL_SENSITIVE_Web_decision__-_Rodda_M.pdf-panel consider, on a balance of probabilities, that the comment was made. The panel ./OFFICIAL_SENSITIVE_Web_decision__-_Rodda_M.pdf- ./OFFICIAL_SENSITIVE_Web_decision__-_Rodda_M.pdf- 19 ./OFFICIAL_SENSITIVE_Web_decision__-_Rodda_M.pdf- -- ./OFFICIAL_SENSITIVE_Web_decision__-_Rodda_M.pdf-then turned its attention to whether the context within which the comment was made ./OFFICIAL_SENSITIVE_Web_decision__-_Rodda_M.pdf:rendered the comment inappropriate and/or of a sexual nature. ./OFFICIAL_SENSITIVE_Web_decision__-_Rodda_M.pdf- ./OFFICIAL_SENSITIVE_Web_decision__-_Rodda_M.pdf-After considering the comments from the above pupils, and the fact that one of the pupils ./OFFICIAL_SENSITIVE_Web_decision__-_Rodda_M.pdf-described that Mr Rodda smirked as he said it and another mentioned that Mr Rodda did ./OFFICIAL_SENSITIVE_Web_decision__-_Rodda_M.pdf-not say it as though he were telling off the pupil chewing gum, the panel concluded that ./OFFICIAL_SENSITIVE_Web_decision__-_Rodda_M.pdf:the comment was said in a sexual, and also an inappropriate, way. ./OFFICIAL_SENSITIVE_Web_decision__-_Rodda_M.pdf- ./OFFICIAL_SENSITIVE_Web_decision__-_Rodda_M.pdf-The panel therefore finds allegation 2.a. proven. ./OFFICIAL_SENSITIVE_Web_decision__-_Rodda_M.pdf- ./OFFICIAL_SENSITIVE_Web_decision__-_Rodda_M.pdf- b. “size does matter and all the boys know it”; ./OFFICIAL_SENSITIVE_Web_decision__-_Rodda_M.pdf- ./OFFICIAL_SENSITIVE_Web_decision__-_Rodda_M.pdf-Mr Rodda indicated within his submissions that “I have no recollection of saying this but I ./OFFICIAL_SENSITIVE_Web_decision__-_Rodda_M.pdf-honestly don’t know if I said it. It isn’t an appropriate thing to say to pupils. It could easily ./OFFICIAL_SENSITIVE_Web_decision__-_Rodda_M.pdf:be interpreted as a sexual comment.” ./OFFICIAL_SENSITIVE_Web_decision__-_Rodda_M.pdf- ./OFFICIAL_SENSITIVE_Web_decision__-_Rodda_M.pdf-The panel considered the incident records’ of Pupil K and Pupil N which both allege that ./OFFICIAL_SENSITIVE_Web_decision__-_Rodda_M.pdf-Mr Rodda used these words. ./OFFICIAL_SENSITIVE_Web_decision__-_Rodda_M.pdf- ./OFFICIAL_SENSITIVE_Web_decision__-_Rodda_M.pdf-The panel heard oral evidence from Pupil N that she heard Mr Rodda say this in the ./OFFICIAL_SENSITIVE_Web_decision__-_Rodda_M.pdf-classroom and that, “the way he said it he made it sound rude, that’s why I wrote it down ./OFFICIAL_SENSITIVE_Web_decision__-_Rodda_M.pdf-at the time [of making her handwritten account]”. ./OFFICIAL_SENSITIVE_Web_decision__-_Rodda_M.pdf- ./OFFICIAL_SENSITIVE_Web_decision__-_Rodda_M.pdf-The panel considered all of the evidence, as well as the fact that the panel considered ./OFFICIAL_SENSITIVE_Web_decision__-_Rodda_M.pdf-Pupil N to be a credible and reliable witness and that she gave an honest and accurate ./OFFICIAL_SENSITIVE_Web_decision__-_Rodda_M.pdf-account of this incident. Therefore, on the balance of probabilities, the panel concluded ./OFFICIAL_SENSITIVE_Web_decision__-_Rodda_M.pdf-that it was more likely than not to have occurred. ./OFFICIAL_SENSITIVE_Web_decision__-_Rodda_M.pdf- ./OFFICIAL_SENSITIVE_Web_decision__-_Rodda_M.pdf:Whilst Mr Rodda did not recall staying this, he did acknowledge that it would be sexual in ./OFFICIAL_SENSITIVE_Web_decision__-_Rodda_M.pdf-nature and an inappropriate thing to say to pupils. The panel found this comment was ./OFFICIAL_SENSITIVE_Web_decision__-_Rodda_M.pdf:inappropriate and sexual in nature. ./OFFICIAL_SENSITIVE_Web_decision__-_Rodda_M.pdf- ./OFFICIAL_SENSITIVE_Web_decision__-_Rodda_M.pdf-The panel finds allegation 2.b. proven. ./OFFICIAL_SENSITIVE_Web_decision__-_Rodda_M.pdf- ./OFFICIAL_SENSITIVE_Web_decision__-_Rodda_M.pdf- c. “it’s not a relationship if it’s your right hand”; ./OFFICIAL_SENSITIVE_Web_decision__-_Rodda_M.pdf- ./OFFICIAL_SENSITIVE_Web_decision__-_Rodda_M.pdf-Mr Rodda said in his submissions that “I have no recollection of saying this. It is the sort ./OFFICIAL_SENSITIVE_Web_decision__-_Rodda_M.pdf-of thing I might say to my friends but not to students. I don’t remember saying it to ./OFFICIAL_SENSITIVE_Web_decision__-_Rodda_M.pdf-students but sometimes under pressure I might have slipped into saying to students the ./OFFICIAL_SENSITIVE_Web_decision__-_Rodda_M.pdf-things I’d say to friends.” ./OFFICIAL_SENSITIVE_Web_decision__-_Rodda_M.pdf- -- ./OFFICIAL_SENSITIVE_Web_decision__-_Rodda_M.pdf-your right hand” and he was smiling and laughing as he said it as though it were a joke. ./OFFICIAL_SENSITIVE_Web_decision__-_Rodda_M.pdf-Pupil N was sure that Mr Rodda was talking about masturbation. She stated that it ./OFFICIAL_SENSITIVE_Web_decision__-_Rodda_M.pdf-surprised her as he is a teacher and also because she was, at the time, in a physics or ./OFFICIAL_SENSITIVE_Web_decision__-_Rodda_M.pdf-chemistry lesson and not a biology lesson. Pupil N was sure of this as Mr Rodda had ./OFFICIAL_SENSITIVE_Web_decision__-_Rodda_M.pdf-never taught her biology. She said that it came out of the blue. ./OFFICIAL_SENSITIVE_Web_decision__-_Rodda_M.pdf- ./OFFICIAL_SENSITIVE_Web_decision__-_Rodda_M.pdf-Taking the above evidence into account, in particular that Mr Rodda is unsure as to ./OFFICIAL_SENSITIVE_Web_decision__-_Rodda_M.pdf-whether or not he made the comment, the panel found, on the balance of probabilities, ./OFFICIAL_SENSITIVE_Web_decision__-_Rodda_M.pdf-that it was more likely than not to have occurred. ./OFFICIAL_SENSITIVE_Web_decision__-_Rodda_M.pdf- ./OFFICIAL_SENSITIVE_Web_decision__-_Rodda_M.pdf:The panel considered Mr Rodda’s comment to be sexual in nature and inappropriate. ./OFFICIAL_SENSITIVE_Web_decision__-_Rodda_M.pdf- ./OFFICIAL_SENSITIVE_Web_decision__-_Rodda_M.pdf-The panel finds allegation 2.c. proven. ./OFFICIAL_SENSITIVE_Web_decision__-_Rodda_M.pdf- ./OFFICIAL_SENSITIVE_Web_decision__-_Rodda_M.pdf- d. “it must be my age, I can’t get it up”; ./OFFICIAL_SENSITIVE_Web_decision__-_Rodda_M.pdf- ./OFFICIAL_SENSITIVE_Web_decision__-_Rodda_M.pdf-Mr Rodda admits in his submissions that “I did say something like this when I was having ./OFFICIAL_SENSITIVE_Web_decision__-_Rodda_M.pdf-difficulty getting a piece of equipment up and asked a pupil to help. Immediately I had ./OFFICIAL_SENSITIVE_Web_decision__-_Rodda_M.pdf-said it I thought I shouldn’t have said that, and I moved on as quickly as possible. I knew ./OFFICIAL_SENSITIVE_Web_decision__-_Rodda_M.pdf:it was inappropriate and sounded sexual.” ./OFFICIAL_SENSITIVE_Web_decision__-_Rodda_M.pdf- ./OFFICIAL_SENSITIVE_Web_decision__-_Rodda_M.pdf-The panel has seen the incident record completed by Pupil M which sets out the ./OFFICIAL_SENSITIVE_Web_decision__-_Rodda_M.pdf-comment in this allegation. ./OFFICIAL_SENSITIVE_Web_decision__-_Rodda_M.pdf- ./OFFICIAL_SENSITIVE_Web_decision__-_Rodda_M.pdf-The panel also saw the investigation report which recorded what the headteacher also ./OFFICIAL_SENSITIVE_Web_decision__-_Rodda_M.pdf-told the panel in his oral evidence; that when he interviewed Mr Rodda and asked him ./OFFICIAL_SENSITIVE_Web_decision__-_Rodda_M.pdf-about whether he made this comment Mr Rodda denied saying it, and then later changed ./OFFICIAL_SENSITIVE_Web_decision__-_Rodda_M.pdf-his mind to say that he may have said it, but if he did that it would have been taken out of ./OFFICIAL_SENSITIVE_Web_decision__-_Rodda_M.pdf-context. The panel noted the inconsistency in Mr Rodda’s answers at interview. ./OFFICIAL_SENSITIVE_Web_decision__-_Rodda_M.pdf- ./OFFICIAL_SENSITIVE_Web_decision__-_Rodda_M.pdf-The panel has taken into account Mr Rodda’s admission and considered that, taken with ./OFFICIAL_SENSITIVE_Web_decision__-_Rodda_M.pdf-Pupil M’s hearsay evidence, on a balance of probabilities, this incident occurred. ./OFFICIAL_SENSITIVE_Web_decision__-_Rodda_M.pdf- ./OFFICIAL_SENSITIVE_Web_decision__-_Rodda_M.pdf:The panel considered the comment to be sexual in nature and inappropriate. Mr Rodda ./OFFICIAL_SENSITIVE_Web_decision__-_Rodda_M.pdf-admitted that he thought he should not have said it, that it was inappropriate and that it ./OFFICIAL_SENSITIVE_Web_decision__-_Rodda_M.pdf:sounded sexual. ./OFFICIAL_SENSITIVE_Web_decision__-_Rodda_M.pdf- ./OFFICIAL_SENSITIVE_Web_decision__-_Rodda_M.pdf-The panel finds allegation 2.d. proven. ./OFFICIAL_SENSITIVE_Web_decision__-_Rodda_M.pdf- ./OFFICIAL_SENSITIVE_Web_decision__-_Rodda_M.pdf- ./OFFICIAL_SENSITIVE_Web_decision__-_Rodda_M.pdf- ./OFFICIAL_SENSITIVE_Web_decision__-_Rodda_M.pdf- ./OFFICIAL_SENSITIVE_Web_decision__-_Rodda_M.pdf- 21 ./OFFICIAL_SENSITIVE_Web_decision__-_Rodda_M.pdf- -- ./OFFICIAL_SENSITIVE_Web_decision__-_Rodda_M.pdf- e. “what I do with my partner is not what I’d do to a student”; ./OFFICIAL_SENSITIVE_Web_decision__-_Rodda_M.pdf- ./OFFICIAL_SENSITIVE_Web_decision__-_Rodda_M.pdf-Mr Rodda admits in his submissions that “I did say something very similar to this but I ./OFFICIAL_SENSITIVE_Web_decision__-_Rodda_M.pdf-think what I said was “what I do with my partner is not what I’d do with (not “to”) a ./OFFICIAL_SENSITIVE_Web_decision__-_Rodda_M.pdf-student. I can’t remember what we were talking about, but I certainly didn’t say it ./OFFICIAL_SENSITIVE_Web_decision__-_Rodda_M.pdf:sexually. I can see though that it is too personal and is capable of being misinterpreted.” ./OFFICIAL_SENSITIVE_Web_decision__-_Rodda_M.pdf- ./OFFICIAL_SENSITIVE_Web_decision__-_Rodda_M.pdf-The panel considered the incident record of Pupil N which records Mr Rodda’s making ./OFFICIAL_SENSITIVE_Web_decision__-_Rodda_M.pdf-this comment. ./OFFICIAL_SENSITIVE_Web_decision__-_Rodda_M.pdf- ./OFFICIAL_SENSITIVE_Web_decision__-_Rodda_M.pdf-The panel also heard evidence from Pupil N that Mr Rodda made this comment and that ./OFFICIAL_SENSITIVE_Web_decision__-_Rodda_M.pdf-it was said in a “rude way”. Pupil N’s further oral evidence was that this comment was ./OFFICIAL_SENSITIVE_Web_decision__-_Rodda_M.pdf-made in the context of a pupil stating that he didn’t want to get Mr Rodda’s cough which ./OFFICIAL_SENSITIVE_Web_decision__-_Rodda_M.pdf-made Mr Rodda’s comment seem all the more inappropriate and rude. Pupil N said that ./OFFICIAL_SENSITIVE_Web_decision__-_Rodda_M.pdf-Mr Rodda said “its 100% certain that you won’t get my cough, as my partner gave it to ./OFFICIAL_SENSITIVE_Web_decision__-_Rodda_M.pdf-me and what I do with my partner is not what I’d do to a student”. Pupil N said she was ./OFFICIAL_SENSITIVE_Web_decision__-_Rodda_M.pdf:sure that Mr Rodda deliberately intended this comment to have sexual meaning and ./OFFICIAL_SENSITIVE_Web_decision__-_Rodda_M.pdf-innuendo because of the way he said it. She also said that the class also took it to have ./OFFICIAL_SENSITIVE_Web_decision__-_Rodda_M.pdf:been said in a sexual way because of the class reaction; the class all laughed. Pupil N ./OFFICIAL_SENSITIVE_Web_decision__-_Rodda_M.pdf-added that Mr Rodda definitely did not say “I didn’t mean that in a rude way” or anything ./OFFICIAL_SENSITIVE_Web_decision__-_Rodda_M.pdf-after it in order to clarify after the class had all laughed at his original comment, or ./OFFICIAL_SENSITIVE_Web_decision__-_Rodda_M.pdf-something like “I didn’t mean it the way it came out”. ./OFFICIAL_SENSITIVE_Web_decision__-_Rodda_M.pdf- ./OFFICIAL_SENSITIVE_Web_decision__-_Rodda_M.pdf-The panel considered all of the evidence, and preferred the evidence of Pupil N, and on ./OFFICIAL_SENSITIVE_Web_decision__-_Rodda_M.pdf-the balance of probabilities, it believed that it was more likely than not to have occurred in ./OFFICIAL_SENSITIVE_Web_decision__-_Rodda_M.pdf-the context described in detail by Pupil N. ./OFFICIAL_SENSITIVE_Web_decision__-_Rodda_M.pdf- ./OFFICIAL_SENSITIVE_Web_decision__-_Rodda_M.pdf:The panel found that this comment was sexual in nature and inappropriate. ./OFFICIAL_SENSITIVE_Web_decision__-_Rodda_M.pdf- ./OFFICIAL_SENSITIVE_Web_decision__-_Rodda_M.pdf-The panel finds allegation 2.e. proven. ./OFFICIAL_SENSITIVE_Web_decision__-_Rodda_M.pdf- ./OFFICIAL_SENSITIVE_Web_decision__-_Rodda_M.pdf- f. “are you looking at his cock, because if you are you will need a ./OFFICIAL_SENSITIVE_Web_decision__-_Rodda_M.pdf- microscope”; ./OFFICIAL_SENSITIVE_Web_decision__-_Rodda_M.pdf- ./OFFICIAL_SENSITIVE_Web_decision__-_Rodda_M.pdf-Mr Rodda states within his submissions that “I did not say this. It would be a totally ./OFFICIAL_SENSITIVE_Web_decision__-_Rodda_M.pdf-inappropriate thing to say.” ./OFFICIAL_SENSITIVE_Web_decision__-_Rodda_M.pdf- ./OFFICIAL_SENSITIVE_Web_decision__-_Rodda_M.pdf-The panel considered the incident record of Pupil H, Pupil I and Pupil B which set out that -- ./OFFICIAL_SENSITIVE_Web_decision__-_Rodda_M.pdf-“joking sort of way”. ./OFFICIAL_SENSITIVE_Web_decision__-_Rodda_M.pdf- ./OFFICIAL_SENSITIVE_Web_decision__-_Rodda_M.pdf-Pupil P told the panel in her evidence that she does remember Mr Rodda saying ./OFFICIAL_SENSITIVE_Web_decision__-_Rodda_M.pdf-something along those lines as she remembers the other pupils talking about it at the ./OFFICIAL_SENSITIVE_Web_decision__-_Rodda_M.pdf-time it happened. ./OFFICIAL_SENSITIVE_Web_decision__-_Rodda_M.pdf- ./OFFICIAL_SENSITIVE_Web_decision__-_Rodda_M.pdf-The panel considered all of the evidence, and preferred the evidence of the pupils, and, ./OFFICIAL_SENSITIVE_Web_decision__-_Rodda_M.pdf-on the balance of probabilities, it believed that it was more likely than not to have ./OFFICIAL_SENSITIVE_Web_decision__-_Rodda_M.pdf-occurred. ./OFFICIAL_SENSITIVE_Web_decision__-_Rodda_M.pdf- ./OFFICIAL_SENSITIVE_Web_decision__-_Rodda_M.pdf:The panel considers this wording to be sexual in nature and inappropriate. ./OFFICIAL_SENSITIVE_Web_decision__-_Rodda_M.pdf- ./OFFICIAL_SENSITIVE_Web_decision__-_Rodda_M.pdf-The panel finds allegation 2.f. proven. ./OFFICIAL_SENSITIVE_Web_decision__-_Rodda_M.pdf- ./OFFICIAL_SENSITIVE_Web_decision__-_Rodda_M.pdf- h. telling Pupil C that he had “not hit puberty”; ./OFFICIAL_SENSITIVE_Web_decision__-_Rodda_M.pdf- ./OFFICIAL_SENSITIVE_Web_decision__-_Rodda_M.pdf-Mr Rodda states in his submissions that “I don’t remember saying this but it is the sort of ./OFFICIAL_SENSITIVE_Web_decision__-_Rodda_M.pdf-thing I might have said. It is inappropriate.” ./OFFICIAL_SENSITIVE_Web_decision__-_Rodda_M.pdf- ./OFFICIAL_SENSITIVE_Web_decision__-_Rodda_M.pdf-The panel considered the incident records of Pupil B and Pupil H which both set out that ./OFFICIAL_SENSITIVE_Web_decision__-_Rodda_M.pdf-Mr Rodda made the comment about Pupil C not having hit puberty. -- ./OFFICIAL_SENSITIVE_Web_decision__-_Rodda_M.pdf-B said that he heard Mr Rodda saying something like “one day you’ll hit puberty” to Pupil ./OFFICIAL_SENSITIVE_Web_decision__-_Rodda_M.pdf-C, or something along those lines. Pupil B said it shocked him because it was a similar ./OFFICIAL_SENSITIVE_Web_decision__-_Rodda_M.pdf-time to when Mr Rodda talked about Pupil B’s crotch and so Pupil B said that he felt like ./OFFICIAL_SENSITIVE_Web_decision__-_Rodda_M.pdf-Mr Rodda was “crossing a line”. Pupil B said he did not think it was intended as a joke ./OFFICIAL_SENSITIVE_Web_decision__-_Rodda_M.pdf-and seemed to be said in a belittling way. ./OFFICIAL_SENSITIVE_Web_decision__-_Rodda_M.pdf- ./OFFICIAL_SENSITIVE_Web_decision__-_Rodda_M.pdf-The panel considered the hearsay evidence of the two pupils, as well as the telephone ./OFFICIAL_SENSITIVE_Web_decision__-_Rodda_M.pdf-evidence of Pupil B, and, on a balance of probabilities, considered that it was more likely ./OFFICIAL_SENSITIVE_Web_decision__-_Rodda_M.pdf-than not that it occurred. ./OFFICIAL_SENSITIVE_Web_decision__-_Rodda_M.pdf- ./OFFICIAL_SENSITIVE_Web_decision__-_Rodda_M.pdf:The panel found the comment to be sexual in nature and inappropriate. ./OFFICIAL_SENSITIVE_Web_decision__-_Rodda_M.pdf- ./OFFICIAL_SENSITIVE_Web_decision__-_Rodda_M.pdf-The panel finds allegation 2.h. proven. ./OFFICIAL_SENSITIVE_Web_decision__-_Rodda_M.pdf- ./OFFICIAL_SENSITIVE_Web_decision__-_Rodda_M.pdf- ./OFFICIAL_SENSITIVE_Web_decision__-_Rodda_M.pdf- 23 ./OFFICIAL_SENSITIVE_Web_decision__-_Rodda_M.pdf- -- ./OFFICIAL_SENSITIVE_Web_decision__-_Rodda_M.pdf- i. telling Pupil H he was going to “snap his neck”; ./OFFICIAL_SENSITIVE_Web_decision__-_Rodda_M.pdf- ./OFFICIAL_SENSITIVE_Web_decision__-_Rodda_M.pdf-Mr Rodda’s submissions state that “I am pretty sure I did not say this. It is violent. I was ./OFFICIAL_SENSITIVE_Web_decision__-_Rodda_M.pdf-bullied myself at school a lot, and wouldn’t do anything like this. It would be out of ./OFFICIAL_SENSITIVE_Web_decision__-_Rodda_M.pdf:character. Although it is not sexual, it would be inappropriate.” ./OFFICIAL_SENSITIVE_Web_decision__-_Rodda_M.pdf- ./OFFICIAL_SENSITIVE_Web_decision__-_Rodda_M.pdf-The panel considers the incident record of Pupil H and the note of the interviews held ./OFFICIAL_SENSITIVE_Web_decision__-_Rodda_M.pdf-with Pupil H and Pupil P, all relate to the wording Mr Rodda is accused of using in ./OFFICIAL_SENSITIVE_Web_decision__-_Rodda_M.pdf-relation to snapping a pupil’s neck. ./OFFICIAL_SENSITIVE_Web_decision__-_Rodda_M.pdf- ./OFFICIAL_SENSITIVE_Web_decision__-_Rodda_M.pdf-The panel heard evidence from Pupil A that she heard Mr Rodda telling Pupil H that he ./OFFICIAL_SENSITIVE_Web_decision__-_Rodda_M.pdf-could snap Pupil H’s neck. Pupil A said that Pupil H was another one of Mr Rodda’s ./OFFICIAL_SENSITIVE_Web_decision__-_Rodda_M.pdf-favourites so Mr Rodda talked to him a lot. Pupil A said she thinks Mr Rodda must have ./OFFICIAL_SENSITIVE_Web_decision__-_Rodda_M.pdf-said this to Pupil H when he was helping Pupil H with his work. Pupil A said she could tell ./OFFICIAL_SENSITIVE_Web_decision__-_Rodda_M.pdf-Pupil H was not comfortable with Mr Rodda’s behaviour when Mr Rodda grabbed his ./OFFICIAL_SENSITIVE_Web_decision__-_Rodda_M.pdf-head and said these words. ./OFFICIAL_SENSITIVE_Web_decision__-_Rodda_M.pdf- ./OFFICIAL_SENSITIVE_Web_decision__-_Rodda_M.pdf-In her oral evidence, Pupil P told the panel that she saw Mr Rodda walk up to Pupil H ./OFFICIAL_SENSITIVE_Web_decision__-_Rodda_M.pdf-when he was sitting down and Mr Rodda put his hands either side of Pupil H’s head and ./OFFICIAL_SENSITIVE_Web_decision__-_Rodda_M.pdf-whilst doing so she heard Mr Rodda say to Pupil H “if you’re not doing any work I’ll snap ./OFFICIAL_SENSITIVE_Web_decision__-_Rodda_M.pdf-your neck”. Pupil P said that Mr Rodda said it, “in an aggressive manner and context”. ./OFFICIAL_SENSITIVE_Web_decision__-_Rodda_M.pdf- ./OFFICIAL_SENSITIVE_Web_decision__-_Rodda_M.pdf-Taking the above evidence into account the panel considered this allegation was proven, ./OFFICIAL_SENSITIVE_Web_decision__-_Rodda_M.pdf-on the balance of probabilities. ./OFFICIAL_SENSITIVE_Web_decision__-_Rodda_M.pdf- ./OFFICIAL_SENSITIVE_Web_decision__-_Rodda_M.pdf:The panel does not consider that the nature of the comment was sexual but does ./OFFICIAL_SENSITIVE_Web_decision__-_Rodda_M.pdf-consider it was inappropriate. ./OFFICIAL_SENSITIVE_Web_decision__-_Rodda_M.pdf- ./OFFICIAL_SENSITIVE_Web_decision__-_Rodda_M.pdf-The panel finds allegation 2.i. proven. ./OFFICIAL_SENSITIVE_Web_decision__-_Rodda_M.pdf- ./OFFICIAL_SENSITIVE_Web_decision__-_Rodda_M.pdf- j. “there’s nothing there” when referring to a pupil’s genital area; ./OFFICIAL_SENSITIVE_Web_decision__-_Rodda_M.pdf- ./OFFICIAL_SENSITIVE_Web_decision__-_Rodda_M.pdf-Mr Rodda admits in his submissions that “I did say this but the context was that a pupil ./OFFICIAL_SENSITIVE_Web_decision__-_Rodda_M.pdf-had obviously been using his phone hidden on his lap, with other boys looking at it and ./OFFICIAL_SENSITIVE_Web_decision__-_Rodda_M.pdf-laughing. By the time I came up he had put the phone away and I said, “there’s nothing ./OFFICIAL_SENSITIVE_Web_decision__-_Rodda_M.pdf-there” – I was pointing out I knew he had been using his phone and I’d caught him and I -- ./OFFICIAL_SENSITIVE_Web_decision__-_Rodda_M.pdf-The panel considered the note of a meeting between Pupil A and the deputy headteacher ./OFFICIAL_SENSITIVE_Web_decision__-_Rodda_M.pdf-and a written account by Pupil A of the incident, which are within the bundle. ./OFFICIAL_SENSITIVE_Web_decision__-_Rodda_M.pdf- ./OFFICIAL_SENSITIVE_Web_decision__-_Rodda_M.pdf-The panel heard evidence from Pupil A that no pupil had a mobile phone out. She said it ./OFFICIAL_SENSITIVE_Web_decision__-_Rodda_M.pdf-was a pen with a number on it which the pupils were looking at. She said that Mr Rodda ./OFFICIAL_SENSITIVE_Web_decision__-_Rodda_M.pdf-may have thought it could have been a mobile phone but that it was not. Pupil A said that ./OFFICIAL_SENSITIVE_Web_decision__-_Rodda_M.pdf-she did not think from what Mr Rodda said, and from how he acted, that he was giving ./OFFICIAL_SENSITIVE_Web_decision__-_Rodda_M.pdf-Pupil B a warning about a mobile phone because she said that Mr Rodda said to Pupil C ./OFFICIAL_SENSITIVE_Web_decision__-_Rodda_M.pdf-“what’s so interesting about Pupil B’s lap and Pupil C said nothing”, and then Mr Rodda ./OFFICIAL_SENSITIVE_Web_decision__-_Rodda_M.pdf-said “yeah that’s right, nothing is there” which Pupil A said, “sounded quite weird”. Pupil ./OFFICIAL_SENSITIVE_Web_decision__-_Rodda_M.pdf:A’s further oral evidence was that Mr Rodda made the comment in a “sexual way” and ./OFFICIAL_SENSITIVE_Web_decision__-_Rodda_M.pdf-that the other pupils thought the same, as, after it was said Pupil E said to Mr Rodda “can ./OFFICIAL_SENSITIVE_Web_decision__-_Rodda_M.pdf:you stop making sexual comments and jokes”. Pupil A further told the panel that Mr ./OFFICIAL_SENSITIVE_Web_decision__-_Rodda_M.pdf-Rodda replied, “‘what jokes?’ as if to say it wasn’t a joke but was true”. ./OFFICIAL_SENSITIVE_Web_decision__-_Rodda_M.pdf- ./OFFICIAL_SENSITIVE_Web_decision__-_Rodda_M.pdf-The panel also heard telephone evidence from Pupil B, about whom the comment was ./OFFICIAL_SENSITIVE_Web_decision__-_Rodda_M.pdf-made. Pupil B stated that Mr Rodda made the comment in a jokey way. Pupil B said that ./OFFICIAL_SENSITIVE_Web_decision__-_Rodda_M.pdf-he did not have a mobile phone on his lap and that he does not remember Mr Rodda ./OFFICIAL_SENSITIVE_Web_decision__-_Rodda_M.pdf-telling him off about anything, just that Mr Rodda made the comment. Pupil B said that ./OFFICIAL_SENSITIVE_Web_decision__-_Rodda_M.pdf-the comment was, “shocking” and that Mr Rodda, “crossed a line” in saying it. Pupil B ./OFFICIAL_SENSITIVE_Web_decision__-_Rodda_M.pdf-said, “it was said in a jokey way but no one laughed”. ./OFFICIAL_SENSITIVE_Web_decision__-_Rodda_M.pdf- ./OFFICIAL_SENSITIVE_Web_decision__-_Rodda_M.pdf-The panel preferred the accounts provided by Pupil A and Pupil B in their oral evidence ./OFFICIAL_SENSITIVE_Web_decision__-_Rodda_M.pdf-to that of Mr Rodda, and the panel considered that, on a balance of probabilities, this ./OFFICIAL_SENSITIVE_Web_decision__-_Rodda_M.pdf-event occurred in the manner and context described by the pupils. ./OFFICIAL_SENSITIVE_Web_decision__-_Rodda_M.pdf- ./OFFICIAL_SENSITIVE_Web_decision__-_Rodda_M.pdf:The panel considers that the comment is sexual in nature and is inappropriate. ./OFFICIAL_SENSITIVE_Web_decision__-_Rodda_M.pdf- ./OFFICIAL_SENSITIVE_Web_decision__-_Rodda_M.pdf-The panel finds allegation 2.j. proven. ./OFFICIAL_SENSITIVE_Web_decision__-_Rodda_M.pdf- ./OFFICIAL_SENSITIVE_Web_decision__-_Rodda_M.pdf- k. saying that he would “rather blow shit up”. ./OFFICIAL_SENSITIVE_Web_decision__-_Rodda_M.pdf- ./OFFICIAL_SENSITIVE_Web_decision__-_Rodda_M.pdf-Mr Rodda admits in his submission that “The context of me saying this was that we were ./OFFICIAL_SENSITIVE_Web_decision__-_Rodda_M.pdf-doing physics whereas I am a biology/chemistry specialist and I was saying I preferred ./OFFICIAL_SENSITIVE_Web_decision__-_Rodda_M.pdf-biology/chemistry. Using “shit” was inappropriate, but not the rest of it in context.” ./OFFICIAL_SENSITIVE_Web_decision__-_Rodda_M.pdf- ./OFFICIAL_SENSITIVE_Web_decision__-_Rodda_M.pdf-The panel considered the incident record of Pupil N which stated that Mr Rodda had said -- ./OFFICIAL_SENSITIVE_Web_decision__-_Rodda_M.pdf-was consistent. Pupil N said that this comment was made when Mr Rodda was referring ./OFFICIAL_SENSITIVE_Web_decision__-_Rodda_M.pdf-to his preference for teaching chemistry and biology over physics. Pupil N said that she ./OFFICIAL_SENSITIVE_Web_decision__-_Rodda_M.pdf:did not think this comment was meant to be sexual, just that it was inappropriate due to ./OFFICIAL_SENSITIVE_Web_decision__-_Rodda_M.pdf-the words used. ./OFFICIAL_SENSITIVE_Web_decision__-_Rodda_M.pdf- ./OFFICIAL_SENSITIVE_Web_decision__-_Rodda_M.pdf-The panel considered all of the evidence including Mr Rodda’s admission, and ./OFFICIAL_SENSITIVE_Web_decision__-_Rodda_M.pdf-considered that on a balance of probabilities, it occurred and this allegation was proven. ./OFFICIAL_SENSITIVE_Web_decision__-_Rodda_M.pdf- ./OFFICIAL_SENSITIVE_Web_decision__-_Rodda_M.pdf:The panel considered that the comment is not sexual in nature but that it is inappropriate. ./OFFICIAL_SENSITIVE_Web_decision__-_Rodda_M.pdf- ./OFFICIAL_SENSITIVE_Web_decision__-_Rodda_M.pdf-The panel finds allegation 2.k. proven. ./OFFICIAL_SENSITIVE_Web_decision__-_Rodda_M.pdf- ./OFFICIAL_SENSITIVE_Web_decision__-_Rodda_M.pdf-When considering whether the nature of the facts found proven in relation to allegations ./OFFICIAL_SENSITIVE_Web_decision__-_Rodda_M.pdf:2.a to 2.f and 2.h to 2.k were inappropriate and/or of a sexual nature, the panel took into ./OFFICIAL_SENSITIVE_Web_decision__-_Rodda_M.pdf-account the fact that, in their oral evidence, Pupil B, Pupil P and Pupil N commented ./OFFICIAL_SENSITIVE_Web_decision__-_Rodda_M.pdf:about their shock and discomfort at Mr Rodda making sexual comments and innuendos ./OFFICIAL_SENSITIVE_Web_decision__-_Rodda_M.pdf-and lessons and that his inappropriate behaviour was generally directed at boys in the ./OFFICIAL_SENSITIVE_Web_decision__-_Rodda_M.pdf-class. In addition, Pupil A and Pupil N were so concerned about it that they informed their ./OFFICIAL_SENSITIVE_Web_decision__-_Rodda_M.pdf-parents who in turn contacted the School. ./OFFICIAL_SENSITIVE_Web_decision__-_Rodda_M.pdf- ./OFFICIAL_SENSITIVE_Web_decision__-_Rodda_M.pdf-In addition, the headteacher stated in his oral evidence at the hearing that when he ./OFFICIAL_SENSITIVE_Web_decision__-_Rodda_M.pdf-undertook a routine joint observation of a lesson being delivered by Mr Rodda, he noted ./OFFICIAL_SENSITIVE_Web_decision__-_Rodda_M.pdf-the amount of extra time and attention Mr Rodda was giving to a small group of boys in ./OFFICIAL_SENSITIVE_Web_decision__-_Rodda_M.pdf-the classroom, which the headteacher considered to be unnecessary and which resulted ./OFFICIAL_SENSITIVE_Web_decision__-_Rodda_M.pdf-in a distraction from the teaching of the lesson. The headteacher also noted that Mr ./OFFICIAL_SENSITIVE_Web_decision__-_Rodda_M.pdf-Rodda was “trying to be a friend rather than be a teacher” to the pupils. ./OFFICIAL_SENSITIVE_Web_decision__-_Rodda_M.pdf- ./OFFICIAL_SENSITIVE_Web_decision__-_Rodda_M.pdf-The panel was satisfied that the actions in the allegations it has found proven, namely ./OFFICIAL_SENSITIVE_Web_decision__-_Rodda_M.pdf:allegations 2.a to 2.f and 2.h to 2.k, were inappropriate and of a sexual nature, and that, ./OFFICIAL_SENSITIVE_Web_decision__-_Rodda_M.pdf:allegations 2.i and 2.k which were found proven and were inappropriate but not sexual in ./OFFICIAL_SENSITIVE_Web_decision__-_Rodda_M.pdf-nature. ./OFFICIAL_SENSITIVE_Web_decision__-_Rodda_M.pdf- ./OFFICIAL_SENSITIVE_Web_decision__-_Rodda_M.pdf-The panel finds allegation’s 2.a to 2.f and 2.h to 2.k proven. ./OFFICIAL_SENSITIVE_Web_decision__-_Rodda_M.pdf- ./OFFICIAL_SENSITIVE_Web_decision__-_Rodda_M.pdf- 3. acted with lack of professional judgement, including by; ./OFFICIAL_SENSITIVE_Web_decision__-_Rodda_M.pdf- ./OFFICIAL_SENSITIVE_Web_decision__-_Rodda_M.pdf-In relation to the relevance of the previous finding of fact of May 2016, the panel took into ./OFFICIAL_SENSITIVE_Web_decision__-_Rodda_M.pdf-account the legal advice and the presenting officer’s submissions. The panel noted that ./OFFICIAL_SENSITIVE_Web_decision__-_Rodda_M.pdf-the nature of the allegations in the previous professional conduct panel’s findings were ./OFFICIAL_SENSITIVE_Web_decision__-_Rodda_M.pdf-not similar in nature to this allegation. It therefore took no account of them. -- ./OFFICIAL_SENSITIVE_Web_decision__-_Rodda_M.pdf-The panel does not find allegation 1.d. proven. ./OFFICIAL_SENSITIVE_Web_decision__-_Rodda_M.pdf- ./OFFICIAL_SENSITIVE_Web_decision__-_Rodda_M.pdf- 2. made comments which were inappropriate and/or of a sexual nature to one ./OFFICIAL_SENSITIVE_Web_decision__-_Rodda_M.pdf- or more pupils, by making comments including or to the effect of: ./OFFICIAL_SENSITIVE_Web_decision__-_Rodda_M.pdf- ./OFFICIAL_SENSITIVE_Web_decision__-_Rodda_M.pdf: g. “are you tired from watching too much porn?” ./OFFICIAL_SENSITIVE_Web_decision__-_Rodda_M.pdf- ./OFFICIAL_SENSITIVE_Web_decision__-_Rodda_M.pdf-Mr Rodda states in his submissions that “I don’t remember saying this but it is possible ./OFFICIAL_SENSITIVE_Web_decision__-_Rodda_M.pdf-that I might have commented on a pupil being tired with some innuendo in my voice as I ./OFFICIAL_SENSITIVE_Web_decision__-_Rodda_M.pdf-said something like “what were you doing up late”.” ./OFFICIAL_SENSITIVE_Web_decision__-_Rodda_M.pdf- ./OFFICIAL_SENSITIVE_Web_decision__-_Rodda_M.pdf-As there is no clear admission by Mr Rodda, and as there is no corroborating evidence ./OFFICIAL_SENSITIVE_Web_decision__-_Rodda_M.pdf-for the hearsay evidence of Pupil O, the panel was not satisfied that this allegation was ./OFFICIAL_SENSITIVE_Web_decision__-_Rodda_M.pdf-proven, on a balance of probabilities. ./OFFICIAL_SENSITIVE_Web_decision__-_Rodda_M.pdf- ./OFFICIAL_SENSITIVE_Web_decision__-_Rodda_M.pdf-The panel therefore does not find 2.g. proven. -- ./OFFICIAL_SENSITIVE_Web_decision__-_Rodda_M.pdf-The panel has considered the particular public interest considerations set out in the ./OFFICIAL_SENSITIVE_Web_decision__-_Rodda_M.pdf-Advice and, having done so, has found a number of them to be relevant in this case, ./OFFICIAL_SENSITIVE_Web_decision__-_Rodda_M.pdf-namely the protection of pupils, the maintenance of public confidence in the profession ./OFFICIAL_SENSITIVE_Web_decision__-_Rodda_M.pdf-and the regulatory process, and declaring and upholding proper standards of conduct. ./OFFICIAL_SENSITIVE_Web_decision__-_Rodda_M.pdf- ./OFFICIAL_SENSITIVE_Web_decision__-_Rodda_M.pdf-The panel found that Mr Rodda had had inappropriate physical contact and made ./OFFICIAL_SENSITIVE_Web_decision__-_Rodda_M.pdf:inappropriate and/or sexual comments to pupils, that he was dishonest and that he ./OFFICIAL_SENSITIVE_Web_decision__-_Rodda_M.pdf-lacked integrity when applying for, and securing, a teaching post. Therefore, there is a ./OFFICIAL_SENSITIVE_Web_decision__-_Rodda_M.pdf-strong public interest consideration in respect of the protection of pupils, given these ./OFFICIAL_SENSITIVE_Web_decision__-_Rodda_M.pdf-serious findings. Similarly, the panel considers that public confidence in the profession ./OFFICIAL_SENSITIVE_Web_decision__-_Rodda_M.pdf-could be seriously weakened if conduct such as that found against Mr Rodda were not ./OFFICIAL_SENSITIVE_Web_decision__-_Rodda_M.pdf-treated with the utmost seriousness when regulating the conduct of the profession. The ./OFFICIAL_SENSITIVE_Web_decision__-_Rodda_M.pdf-panel considered that a strong public interest consideration in declaring proper standards ./OFFICIAL_SENSITIVE_Web_decision__-_Rodda_M.pdf-of conduct in the profession was also present, as the conduct found against Mr Rodda ./OFFICIAL_SENSITIVE_Web_decision__-_Rodda_M.pdf-was outside that which could reasonably be tolerated. ./OFFICIAL_SENSITIVE_Web_decision__-_Rodda_M.pdf- ./OFFICIAL_SENSITIVE_Web_decision__-_Rodda_M.pdf-In view of the clear public interest considerations that were present, the panel considered -- ./OFFICIAL_SENSITIVE_Web_decision__-_Rodda_M.pdf- ./OFFICIAL_SENSITIVE_Web_decision__-_Rodda_M.pdf-The panel is of the view that applying the standard of the ordinary intelligent citizen ./OFFICIAL_SENSITIVE_Web_decision__-_Rodda_M.pdf-recommending no prohibition order is not a proportionate and appropriate response. ./OFFICIAL_SENSITIVE_Web_decision__-_Rodda_M.pdf-Recommending that publication of adverse findings is sufficient in the case would ./OFFICIAL_SENSITIVE_Web_decision__-_Rodda_M.pdf-unacceptably compromise the public interest considerations present in this case, despite ./OFFICIAL_SENSITIVE_Web_decision__-_Rodda_M.pdf-the severity of consequences for the teacher of prohibition and the continuing risk. ./OFFICIAL_SENSITIVE_Web_decision__-_Rodda_M.pdf- ./OFFICIAL_SENSITIVE_Web_decision__-_Rodda_M.pdf-The panel is of the view that prohibition is both proportionate and appropriate. The panel ./OFFICIAL_SENSITIVE_Web_decision__-_Rodda_M.pdf-has decided that the public interest considerations outweigh the interests of Mr Rodda. ./OFFICIAL_SENSITIVE_Web_decision__-_Rodda_M.pdf-The nature of the allegations which resulted in Mr Rodda’s exercising inappropriate ./OFFICIAL_SENSITIVE_Web_decision__-_Rodda_M.pdf:behaviour towards pupils, including using sexual innuendos as well as inappropriate ./OFFICIAL_SENSITIVE_Web_decision__-_Rodda_M.pdf-physical contact with pupils, were significant factors in forming that opinion. Accordingly, ./OFFICIAL_SENSITIVE_Web_decision__-_Rodda_M.pdf-the panel makes a recommendation to the Secretary of State that a prohibition order ./OFFICIAL_SENSITIVE_Web_decision__-_Rodda_M.pdf-should be imposed with immediate effect. ./OFFICIAL_SENSITIVE_Web_decision__-_Rodda_M.pdf- ./OFFICIAL_SENSITIVE_Web_decision__-_Rodda_M.pdf-The panel went on to consider whether or not it would be appropriate for it to decide to ./OFFICIAL_SENSITIVE_Web_decision__-_Rodda_M.pdf-recommend that a review period of the order should be considered. The panel was ./OFFICIAL_SENSITIVE_Web_decision__-_Rodda_M.pdf-mindful that the Advice states that a prohibition order applies for life, but there may be ./OFFICIAL_SENSITIVE_Web_decision__-_Rodda_M.pdf-circumstances in any given case that may make it appropriate to allow a teacher to apply ./OFFICIAL_SENSITIVE_Web_decision__-_Rodda_M.pdf-to have the prohibition order reviewed after a specified period of time that may not be ./OFFICIAL_SENSITIVE_Web_decision__-_Rodda_M.pdf-less than two years. ./OFFICIAL_SENSITIVE_Web_decision__-_Rodda_M.pdf- ./OFFICIAL_SENSITIVE_Web_decision__-_Rodda_M.pdf-The Advice indicates that there are behaviours that, if proven, would militate against a ./OFFICIAL_SENSITIVE_Web_decision__-_Rodda_M.pdf-review period being recommended. These behaviours include serious dishonesty. The ./OFFICIAL_SENSITIVE_Web_decision__-_Rodda_M.pdf-panel has found that Mr Rodda has had inappropriate physical contact with pupils, made ./OFFICIAL_SENSITIVE_Web_decision__-_Rodda_M.pdf:comments to pupils which were sexual and/or inappropriate in nature, has been ./OFFICIAL_SENSITIVE_Web_decision__-_Rodda_M.pdf-dishonest and has demonstrated a lack of integrity. The panel noted that the dishonesty ./OFFICIAL_SENSITIVE_Web_decision__-_Rodda_M.pdf-was repeated on a number of occasions and over a significant period of time, and that Mr ./OFFICIAL_SENSITIVE_Web_decision__-_Rodda_M.pdf-Rodda had had opportunities to reveal the true situation, but had not done so. ./OFFICIAL_SENSITIVE_Web_decision__-_Rodda_M.pdf- ./OFFICIAL_SENSITIVE_Web_decision__-_Rodda_M.pdf-Mr Rodda also showed a lack of integrity in that the panel found that the ethical ./OFFICIAL_SENSITIVE_Web_decision__-_Rodda_M.pdf-standards expected of a qualified teacher are to be truthful. He, therefore, should have ./OFFICIAL_SENSITIVE_Web_decision__-_Rodda_M.pdf-disclosed accurate and truthful information about the previous allegations which were ./OFFICIAL_SENSITIVE_Web_decision__-_Rodda_M.pdf-upheld against him in May 2016. ./OFFICIAL_SENSITIVE_Web_decision__-_Rodda_M.pdf- ./OFFICIAL_SENSITIVE_Web_decision__-_Rodda_M.pdf-The panel heard evidence from some pupils that they “felt uncomfortable” and were -- ./OFFICIAL_SENSITIVE_Web_decision__-_Rodda_M.pdf-Rodda’s actions have had a detrimental and negative effect on pupils. ./OFFICIAL_SENSITIVE_Web_decision__-_Rodda_M.pdf- ./OFFICIAL_SENSITIVE_Web_decision__-_Rodda_M.pdf-Mr Rodda has not, to the panel’s knowledge, shown remorse or regret for his behaviour. ./OFFICIAL_SENSITIVE_Web_decision__-_Rodda_M.pdf-He has also not (so far as the panel is aware) apologised for his behaviour. Instead, he ./OFFICIAL_SENSITIVE_Web_decision__-_Rodda_M.pdf-has sought to defend the actions the panel has found proven. For example, in relation to ./OFFICIAL_SENSITIVE_Web_decision__-_Rodda_M.pdf-one allegation Mr Rodda says “other people might think I was wrong to do it, but I don’t”, ./OFFICIAL_SENSITIVE_Web_decision__-_Rodda_M.pdf-in the context of his borrowing and handing back a cigarette lighter to a 14 or 15 year old ./OFFICIAL_SENSITIVE_Web_decision__-_Rodda_M.pdf-pupil in school. In relation to some of the allegations Mr Rodda has acknowledged, in ./OFFICIAL_SENSITIVE_Web_decision__-_Rodda_M.pdf-relation to a limited number of the instances, that he should not have undertaken the ./OFFICIAL_SENSITIVE_Web_decision__-_Rodda_M.pdf-physical contact or made the comments. However, in almost every instance where he ./OFFICIAL_SENSITIVE_Web_decision__-_Rodda_M.pdf:has provided an acknowledgement that it was sexual and/or inappropriate, he has sought ./OFFICIAL_SENSITIVE_Web_decision__-_Rodda_M.pdf-to justify it by saying that his actions/words were misinterpreted or misunderstood. The ./OFFICIAL_SENSITIVE_Web_decision__-_Rodda_M.pdf-panel considers that Mr Rodda has failed to demonstrate sufficient insight into the ./OFFICIAL_SENSITIVE_Web_decision__-_Rodda_M.pdf-inappropriateness of his actions and behaviour towards pupils. ./OFFICIAL_SENSITIVE_Web_decision__-_Rodda_M.pdf- ./OFFICIAL_SENSITIVE_Web_decision__-_Rodda_M.pdf-In terms of future risk, the panel noted that Mr Rodda had exhibited a similar pattern of ./OFFICIAL_SENSITIVE_Web_decision__-_Rodda_M.pdf-behaviour to the that found proven in the previous professional conduct panel hearing in ./OFFICIAL_SENSITIVE_Web_decision__-_Rodda_M.pdf-May 2016. Whilst the panel did not rely on the previous findings of fact in coming to its ./OFFICIAL_SENSITIVE_Web_decision__-_Rodda_M.pdf-decision in this case (only to the extent it has set out above), the panel has considered ./OFFICIAL_SENSITIVE_Web_decision__-_Rodda_M.pdf-those findings in reaching its conclusion that it cannot be confident that Mr Rodda would ./OFFICIAL_SENSITIVE_Web_decision__-_Rodda_M.pdf-not repeat this pattern of behaviour in the future. In addition, the panel heard evidence ./OFFICIAL_SENSITIVE_Web_decision__-_Rodda_M.pdf-from one pupil that another pupil in her class had asked Mr Rodda, after he had made an ./OFFICIAL_SENSITIVE_Web_decision__-_Rodda_M.pdf:inappropriate comment of a sexual nature “please can you stop making sexual ./OFFICIAL_SENSITIVE_Web_decision__-_Rodda_M.pdf:comments?” However, Mr Rodda continued to make inappropriate comments of a sexual ./OFFICIAL_SENSITIVE_Web_decision__-_Rodda_M.pdf-nature despite the pupil’s request. ./OFFICIAL_SENSITIVE_Web_decision__-_Rodda_M.pdf- ./OFFICIAL_SENSITIVE_Web_decision__-_Rodda_M.pdf-The panel concluded that the findings indicated a situation in which a review period ./OFFICIAL_SENSITIVE_Web_decision__-_Rodda_M.pdf-would not be appropriate and, as such, decided that it would be proportionate in all the ./OFFICIAL_SENSITIVE_Web_decision__-_Rodda_M.pdf-circumstances for the prohibition order to be recommended without provision for a review ./OFFICIAL_SENSITIVE_Web_decision__-_Rodda_M.pdf-period. ./OFFICIAL_SENSITIVE_Web_decision__-_Rodda_M.pdf- ./OFFICIAL_SENSITIVE_Web_decision__-_Rodda_M.pdf- ./OFFICIAL_SENSITIVE_Web_decision__-_Rodda_M.pdf-Decision and reasons on behalf of the Secretary of State ./OFFICIAL_SENSITIVE_Web_decision__-_Rodda_M.pdf-I have given very careful consideration to this case and to the recommendation of the -- ./OFFICIAL_SENSITIVE_Web_decision__-_Rodda_M.pdf-achieve that aim taking into account the impact that it will have on the individual teacher. ./OFFICIAL_SENSITIVE_Web_decision__-_Rodda_M.pdf-I have also asked myself whether or not a less intrusive measure, such as the published ./OFFICIAL_SENSITIVE_Web_decision__-_Rodda_M.pdf-finding of unacceptable professional conduct and conduct that may bring the profession ./OFFICIAL_SENSITIVE_Web_decision__-_Rodda_M.pdf-into disrepute, would itself be sufficient to achieve the overall aim. I have to consider ./OFFICIAL_SENSITIVE_Web_decision__-_Rodda_M.pdf-whether the consequences of such a publication are themselves sufficient. I have ./OFFICIAL_SENSITIVE_Web_decision__-_Rodda_M.pdf-considered therefore whether or not prohibiting Mr Rodda, and the impact that will have ./OFFICIAL_SENSITIVE_Web_decision__-_Rodda_M.pdf-on him, is proportionate. ./OFFICIAL_SENSITIVE_Web_decision__-_Rodda_M.pdf- ./OFFICIAL_SENSITIVE_Web_decision__-_Rodda_M.pdf-In this case I have considered the extent to which a prohibition order would protect ./OFFICIAL_SENSITIVE_Web_decision__-_Rodda_M.pdf-children. The panel has observed, “Mr Rodda has had inappropriate physical contact with ./OFFICIAL_SENSITIVE_Web_decision__-_Rodda_M.pdf:pupils, made comments to pupils which were sexual and/or inappropriate in nature, has ./OFFICIAL_SENSITIVE_Web_decision__-_Rodda_M.pdf-been dishonest and has demonstrated a lack of integrity.” ./OFFICIAL_SENSITIVE_Web_decision__-_Rodda_M.pdf- ./OFFICIAL_SENSITIVE_Web_decision__-_Rodda_M.pdf- 37 ./OFFICIAL_SENSITIVE_Web_decision__-_Rodda_M.pdf- -- ./OFFICIAL_SENSITIVE_Web_decision__-_Rodda_M.pdf-I have gone on to consider the matter of a review period. In this case the panel has ./OFFICIAL_SENSITIVE_Web_decision__-_Rodda_M.pdf-recommended that the prohibition order should be subject to no review period. ./OFFICIAL_SENSITIVE_Web_decision__-_Rodda_M.pdf- ./OFFICIAL_SENSITIVE_Web_decision__-_Rodda_M.pdf-I have considered the panel’s comments “In terms of future risk, the panel noted that Mr ./OFFICIAL_SENSITIVE_Web_decision__-_Rodda_M.pdf-Rodda had exhibited a similar pattern of behaviour to that found proven in the previous ./OFFICIAL_SENSITIVE_Web_decision__-_Rodda_M.pdf-professional conduct panel hearing in May 2016. Whilst the panel did not rely on the ./OFFICIAL_SENSITIVE_Web_decision__-_Rodda_M.pdf-previous findings of fact in coming to its decision in this case (only to the extent it has set ./OFFICIAL_SENSITIVE_Web_decision__-_Rodda_M.pdf-out above), the panel has considered those findings in reaching its conclusion that it ./OFFICIAL_SENSITIVE_Web_decision__-_Rodda_M.pdf-cannot be confident that Mr Rodda would not repeat this pattern of behaviour in the ./OFFICIAL_SENSITIVE_Web_decision__-_Rodda_M.pdf-future. In addition, the panel heard evidence from one pupil that another pupil in her class ./OFFICIAL_SENSITIVE_Web_decision__-_Rodda_M.pdf:had asked Mr Rodda, after he had made an inappropriate comment of a sexual nature ./OFFICIAL_SENSITIVE_Web_decision__-_Rodda_M.pdf:“please can you stop making sexual comments?” However, Mr Rodda continued to make ./OFFICIAL_SENSITIVE_Web_decision__-_Rodda_M.pdf:inappropriate comments of a sexual nature despite the pupil’s request.” ./OFFICIAL_SENSITIVE_Web_decision__-_Rodda_M.pdf- ./OFFICIAL_SENSITIVE_Web_decision__-_Rodda_M.pdf-The panel has also said that allowing for no review period is appropriate and ./OFFICIAL_SENSITIVE_Web_decision__-_Rodda_M.pdf-proportionate. ./OFFICIAL_SENSITIVE_Web_decision__-_Rodda_M.pdf- ./OFFICIAL_SENSITIVE_Web_decision__-_Rodda_M.pdf-I have therefore myself considered whether allowing for no review period reflects the ./OFFICIAL_SENSITIVE_Web_decision__-_Rodda_M.pdf-seriousness of the findings and is a proportionate period to achieve the aim of ./OFFICIAL_SENSITIVE_Web_decision__-_Rodda_M.pdf-maintaining public confidence in the profession. In this case, there are three factors that ./OFFICIAL_SENSITIVE_Web_decision__-_Rodda_M.pdf-in my view mean that a no review order is necessary. These elements are the dishonesty ./OFFICIAL_SENSITIVE_Web_decision__-_Rodda_M.pdf-found, the lack of either insight or remorse, and the repeated behavioural pattern. ./OFFICIAL_SENSITIVE_Web_decision__-_Rodda_M.pdf- ./OFFICIAL_SENSITIVE_Wetherell_Alice_SoS_Decision-redacted.pdf-The panel considered the allegations set out in the notice of proceedings dated 14 July ./OFFICIAL_SENSITIVE_Wetherell_Alice_SoS_Decision-redacted.pdf-2021. ./OFFICIAL_SENSITIVE_Wetherell_Alice_SoS_Decision-redacted.pdf- ./OFFICIAL_SENSITIVE_Wetherell_Alice_SoS_Decision-redacted.pdf-It was alleged that Miss Alice Wetherell was guilty of unacceptable professional ./OFFICIAL_SENSITIVE_Wetherell_Alice_SoS_Decision-redacted.pdf-conduct and/or conduct that may bring the profession into disrepute in that whilst ./OFFICIAL_SENSITIVE_Wetherell_Alice_SoS_Decision-redacted.pdf-employed as Deputy Headteacher and/or Headteacher and/or Designated ./OFFICIAL_SENSITIVE_Wetherell_Alice_SoS_Decision-redacted.pdf-Safeguarding Lead of Ryvers School ('the School') from 1 September 2013 to April ./OFFICIAL_SENSITIVE_Wetherell_Alice_SoS_Decision-redacted.pdf-2019: ./OFFICIAL_SENSITIVE_Wetherell_Alice_SoS_Decision-redacted.pdf- ./OFFICIAL_SENSITIVE_Wetherell_Alice_SoS_Decision-redacted.pdf-1. She demonstrated poor professional judgement in connection with her ./OFFICIAL_SENSITIVE_Wetherell_Alice_SoS_Decision-redacted.pdf:relationship with Individual A, whom she knew was a convicted child sex offender; ./OFFICIAL_SENSITIVE_Wetherell_Alice_SoS_Decision-redacted.pdf-on one or more occasions, in that: ./OFFICIAL_SENSITIVE_Wetherell_Alice_SoS_Decision-redacted.pdf- ./OFFICIAL_SENSITIVE_Wetherell_Alice_SoS_Decision-redacted.pdf- a) she did not disclose the nature of Individual A's conviction to the School; ./OFFICIAL_SENSITIVE_Wetherell_Alice_SoS_Decision-redacted.pdf- ./OFFICIAL_SENSITIVE_Wetherell_Alice_SoS_Decision-redacted.pdf- b) on one or more occasions between 7 August and 31 August 2018, she ./OFFICIAL_SENSITIVE_Wetherell_Alice_SoS_Decision-redacted.pdf- caused and/or permitted and/or failed to prevent Individual A from attending ./OFFICIAL_SENSITIVE_Wetherell_Alice_SoS_Decision-redacted.pdf- the School premises; ./OFFICIAL_SENSITIVE_Wetherell_Alice_SoS_Decision-redacted.pdf- ./OFFICIAL_SENSITIVE_Wetherell_Alice_SoS_Decision-redacted.pdf- c) on one or more occasions, she caused and/or permitted and/or failed to ./OFFICIAL_SENSITIVE_Wetherell_Alice_SoS_Decision-redacted.pdf- prevent Individual A being proximate to the School premises. -- ./OFFICIAL_SENSITIVE_Wetherell_Alice_SoS_Decision-redacted.pdf-Decision and reasons ./OFFICIAL_SENSITIVE_Wetherell_Alice_SoS_Decision-redacted.pdf-The panel announced its decision and reasons as follows: ./OFFICIAL_SENSITIVE_Wetherell_Alice_SoS_Decision-redacted.pdf- ./OFFICIAL_SENSITIVE_Wetherell_Alice_SoS_Decision-redacted.pdf-The panel carefully considered the case before it and reached a decision. ./OFFICIAL_SENSITIVE_Wetherell_Alice_SoS_Decision-redacted.pdf- ./OFFICIAL_SENSITIVE_Wetherell_Alice_SoS_Decision-redacted.pdf-Miss Wetherell was employed as the Deputy Headteacher at the School from 1 ./OFFICIAL_SENSITIVE_Wetherell_Alice_SoS_Decision-redacted.pdf-September 2013 to August 2018 and, thereafter, Headteacher and Designated ./OFFICIAL_SENSITIVE_Wetherell_Alice_SoS_Decision-redacted.pdf-Safeguarding Lead from 1 September 2018 to April 2019. ./OFFICIAL_SENSITIVE_Wetherell_Alice_SoS_Decision-redacted.pdf- ./OFFICIAL_SENSITIVE_Wetherell_Alice_SoS_Decision-redacted.pdf-In early November 2018, the School was notified by Slough LADO that Miss Wetherell's ./OFFICIAL_SENSITIVE_Wetherell_Alice_SoS_Decision-redacted.pdf:[REDACTED], Individual A, had been convicted in October 2014 of nine counts of sexual ./OFFICIAL_SENSITIVE_Wetherell_Alice_SoS_Decision-redacted.pdf-offences against a child and had received a six year custodial sentence and entered onto ./OFFICIAL_SENSITIVE_Wetherell_Alice_SoS_Decision-redacted.pdf-the Sex Offenders' Register for life. At this point, the Governors of the School were ./OFFICIAL_SENSITIVE_Wetherell_Alice_SoS_Decision-redacted.pdf-unaware of Individual A's conviction and Miss Wetherell was suspended from duty ./OFFICIAL_SENSITIVE_Wetherell_Alice_SoS_Decision-redacted.pdf-pending an investigation on 9 November 2018. ./OFFICIAL_SENSITIVE_Wetherell_Alice_SoS_Decision-redacted.pdf- ./OFFICIAL_SENSITIVE_Wetherell_Alice_SoS_Decision-redacted.pdf-An internal investigation was conducted in respect of Miss Wetherell's lack of disclosure ./OFFICIAL_SENSITIVE_Wetherell_Alice_SoS_Decision-redacted.pdf-regarding Individual A's conviction, and other consequential matters. In April 2019, Miss ./OFFICIAL_SENSITIVE_Wetherell_Alice_SoS_Decision-redacted.pdf-Wetherell was dismissed from the School for gross misconduct. ./OFFICIAL_SENSITIVE_Wetherell_Alice_SoS_Decision-redacted.pdf- ./OFFICIAL_SENSITIVE_Wetherell_Alice_SoS_Decision-redacted.pdf- -- ./OFFICIAL_SENSITIVE_Wetherell_Alice_SoS_Decision-redacted.pdf-The panel found the following particulars of the allegations against you proved, for these ./OFFICIAL_SENSITIVE_Wetherell_Alice_SoS_Decision-redacted.pdf-reasons: ./OFFICIAL_SENSITIVE_Wetherell_Alice_SoS_Decision-redacted.pdf- ./OFFICIAL_SENSITIVE_Wetherell_Alice_SoS_Decision-redacted.pdf-It was alleged that Miss Alice Wetherell was guilty of unacceptable professional ./OFFICIAL_SENSITIVE_Wetherell_Alice_SoS_Decision-redacted.pdf-conduct and/or conduct that may bring the profession into disrepute in that whilst ./OFFICIAL_SENSITIVE_Wetherell_Alice_SoS_Decision-redacted.pdf-employed as Deputy Headteacher and/or Headteacher and/or Designated ./OFFICIAL_SENSITIVE_Wetherell_Alice_SoS_Decision-redacted.pdf-Safeguarding Lead of Ryvers School ('the School') from 1 September 2013 to April ./OFFICIAL_SENSITIVE_Wetherell_Alice_SoS_Decision-redacted.pdf-2019: ./OFFICIAL_SENSITIVE_Wetherell_Alice_SoS_Decision-redacted.pdf- ./OFFICIAL_SENSITIVE_Wetherell_Alice_SoS_Decision-redacted.pdf-1. You demonstrated poor professional judgement in connection with her ./OFFICIAL_SENSITIVE_Wetherell_Alice_SoS_Decision-redacted.pdf:relationship with Individual A, whom you knew was a convicted child sex offender; ./OFFICIAL_SENSITIVE_Wetherell_Alice_SoS_Decision-redacted.pdf-on one or more occasions, in that: ./OFFICIAL_SENSITIVE_Wetherell_Alice_SoS_Decision-redacted.pdf- ./OFFICIAL_SENSITIVE_Wetherell_Alice_SoS_Decision-redacted.pdf- b) on one or more occasions between 7 August and 31 August 2018, you ./OFFICIAL_SENSITIVE_Wetherell_Alice_SoS_Decision-redacted.pdf- caused and/or permitted and/or failed to prevent Individual A from attending ./OFFICIAL_SENSITIVE_Wetherell_Alice_SoS_Decision-redacted.pdf- the School premises ./OFFICIAL_SENSITIVE_Wetherell_Alice_SoS_Decision-redacted.pdf- ./OFFICIAL_SENSITIVE_Wetherell_Alice_SoS_Decision-redacted.pdf-The panel heard live evidence on this allegation from Witness B [REDACTED]. ./OFFICIAL_SENSITIVE_Wetherell_Alice_SoS_Decision-redacted.pdf- ./OFFICIAL_SENSITIVE_Wetherell_Alice_SoS_Decision-redacted.pdf- ./OFFICIAL_SENSITIVE_Wetherell_Alice_SoS_Decision-redacted.pdf- -- ./OFFICIAL_SENSITIVE_Wetherell_Alice_SoS_Decision-redacted.pdf- ./OFFICIAL_SENSITIVE_Wetherell_Alice_SoS_Decision-redacted.pdf-The panel acknowledged that Individual A's probation officer had approved his ./OFFICIAL_SENSITIVE_Wetherell_Alice_SoS_Decision-redacted.pdf-attendance at the School. However, the panel also considered that the probation officer's ./OFFICIAL_SENSITIVE_Wetherell_Alice_SoS_Decision-redacted.pdf-assessment was pertinent to Individual A's licence conditions, rather than Miss ./OFFICIAL_SENSITIVE_Wetherell_Alice_SoS_Decision-redacted.pdf-Wetherell's role as a teacher. The panel also noted that the correspondence from the ./OFFICIAL_SENSITIVE_Wetherell_Alice_SoS_Decision-redacted.pdf-probation officer limited her permission for Individual A's attendance to the Health and ./OFFICIAL_SENSITIVE_Wetherell_Alice_SoS_Decision-redacted.pdf-Safety Review. It was not a general permission for Individual A to attend the School, such ./OFFICIAL_SENSITIVE_Wetherell_Alice_SoS_Decision-redacted.pdf-as he was requested to do by Miss Wetherell at the end of August 2018. ./OFFICIAL_SENSITIVE_Wetherell_Alice_SoS_Decision-redacted.pdf- ./OFFICIAL_SENSITIVE_Wetherell_Alice_SoS_Decision-redacted.pdf-In these circumstances, Miss Wetherell had invited, and allowed, a person that she knew ./OFFICIAL_SENSITIVE_Wetherell_Alice_SoS_Decision-redacted.pdf:to be a recently released convicted sex offender onto School premises. ./OFFICIAL_SENSITIVE_Wetherell_Alice_SoS_Decision-redacted.pdf- ./OFFICIAL_SENSITIVE_Wetherell_Alice_SoS_Decision-redacted.pdf-There was no credible reason, other than Miss Wetherell's own convenience, for ./OFFICIAL_SENSITIVE_Wetherell_Alice_SoS_Decision-redacted.pdf-Individual A to be the person who provided the Health and Safety advice or assistance ./OFFICIAL_SENSITIVE_Wetherell_Alice_SoS_Decision-redacted.pdf-with the furniture. There was no budgetary reason for an informal, rather than formal, ./OFFICIAL_SENSITIVE_Wetherell_Alice_SoS_Decision-redacted.pdf-review to have taken place. ./OFFICIAL_SENSITIVE_Wetherell_Alice_SoS_Decision-redacted.pdf- ./OFFICIAL_SENSITIVE_Wetherell_Alice_SoS_Decision-redacted.pdf- 9 ./OFFICIAL_SENSITIVE_Wetherell_Alice_SoS_Decision-redacted.pdf- -- ./OFFICIAL_SENSITIVE_Wetherell_Alice_SoS_Decision-redacted.pdf-The panel noted that, in respect of the proven facts, Individual A's probation officer had ./OFFICIAL_SENSITIVE_Wetherell_Alice_SoS_Decision-redacted.pdf-permitted Individual A's attendance at the School, on a limited basis, in order to conduct ./OFFICIAL_SENSITIVE_Wetherell_Alice_SoS_Decision-redacted.pdf-the Health and Safety review. However, in the panel's view, this provided some ./OFFICIAL_SENSITIVE_Wetherell_Alice_SoS_Decision-redacted.pdf-protection to Individual A in terms of avoiding any breach of his licence conditions, rather ./OFFICIAL_SENSITIVE_Wetherell_Alice_SoS_Decision-redacted.pdf-than protecting children from a potential safeguarding risk. There was no permission ./OFFICIAL_SENSITIVE_Wetherell_Alice_SoS_Decision-redacted.pdf-stated in the letter for Individual A to attend the School at any other time than for the ./OFFICIAL_SENSITIVE_Wetherell_Alice_SoS_Decision-redacted.pdf-review. ./OFFICIAL_SENSITIVE_Wetherell_Alice_SoS_Decision-redacted.pdf- ./OFFICIAL_SENSITIVE_Wetherell_Alice_SoS_Decision-redacted.pdf-The panel also noted that Individual A's attendance at the School took place outside of ./OFFICIAL_SENSITIVE_Wetherell_Alice_SoS_Decision-redacted.pdf-term time when the likelihood of children being present was significantly reduced. ./OFFICIAL_SENSITIVE_Wetherell_Alice_SoS_Decision-redacted.pdf:However, the panel considered that a safeguarding risk of allowing a convicted sex ./OFFICIAL_SENSITIVE_Wetherell_Alice_SoS_Decision-redacted.pdf-offender onto any school's premises, was more than just the immediate, obvious risk ./OFFICIAL_SENSITIVE_Wetherell_Alice_SoS_Decision-redacted.pdf-were there to be children present. ./OFFICIAL_SENSITIVE_Wetherell_Alice_SoS_Decision-redacted.pdf- ./OFFICIAL_SENSITIVE_Wetherell_Alice_SoS_Decision-redacted.pdf-Miss Wetherell's senior roles at the School, during her association with Individual A at the ./OFFICIAL_SENSITIVE_Wetherell_Alice_SoS_Decision-redacted.pdf-relevant time, included her being a teacher, Deputy Headteacher, Headteacher- ./OFFICIAL_SENSITIVE_Wetherell_Alice_SoS_Decision-redacted.pdf-designate and Designated Safeguarding Lead. Her professional association with ./OFFICIAL_SENSITIVE_Wetherell_Alice_SoS_Decision-redacted.pdf-Individual A, whilst she was in these roles, gave Individual A credibility and some implied ./OFFICIAL_SENSITIVE_Wetherell_Alice_SoS_Decision-redacted.pdf-authority. Such credibility would, almost inevitably, give Individual A respectability in the ./OFFICIAL_SENSITIVE_Wetherell_Alice_SoS_Decision-redacted.pdf-eyes of others and give rise to the risk of trust being inappropriately placed in him by ./OFFICIAL_SENSITIVE_Wetherell_Alice_SoS_Decision-redacted.pdf-others at the School. -- ./OFFICIAL_SENSITIVE_Wetherell_Alice_SoS_Decision-redacted.pdf-by him from close-by to the School, there was an inevitable increase in the potential ./OFFICIAL_SENSITIVE_Wetherell_Alice_SoS_Decision-redacted.pdf-safeguarding risk to pupils. ./OFFICIAL_SENSITIVE_Wetherell_Alice_SoS_Decision-redacted.pdf- ./OFFICIAL_SENSITIVE_Wetherell_Alice_SoS_Decision-redacted.pdf-The panel therefore found this allegation proved. ./OFFICIAL_SENSITIVE_Wetherell_Alice_SoS_Decision-redacted.pdf- ./OFFICIAL_SENSITIVE_Wetherell_Alice_SoS_Decision-redacted.pdf-The panel found the following particulars of allegation not proved. ./OFFICIAL_SENSITIVE_Wetherell_Alice_SoS_Decision-redacted.pdf- ./OFFICIAL_SENSITIVE_Wetherell_Alice_SoS_Decision-redacted.pdf-1. You demonstrated poor professional judgement in connection with her ./OFFICIAL_SENSITIVE_Wetherell_Alice_SoS_Decision-redacted.pdf:relationship with Individual A, whom you knew was a convicted child sex offender; ./OFFICIAL_SENSITIVE_Wetherell_Alice_SoS_Decision-redacted.pdf-on one or more occasions, in that: ./OFFICIAL_SENSITIVE_Wetherell_Alice_SoS_Decision-redacted.pdf- ./OFFICIAL_SENSITIVE_Wetherell_Alice_SoS_Decision-redacted.pdf- a) you did not disclose the nature of Individual A's conviction to the School ./OFFICIAL_SENSITIVE_Wetherell_Alice_SoS_Decision-redacted.pdf- ./OFFICIAL_SENSITIVE_Wetherell_Alice_SoS_Decision-redacted.pdf-The panel first heard live evidence on this allegation from Witness A [REDACTED], the ./OFFICIAL_SENSITIVE_Wetherell_Alice_SoS_Decision-redacted.pdf-current [REDACTED] at the School. ./OFFICIAL_SENSITIVE_Wetherell_Alice_SoS_Decision-redacted.pdf- ./OFFICIAL_SENSITIVE_Wetherell_Alice_SoS_Decision-redacted.pdf-Witness A [REDACTED] confirmed to the panel, in live evidence, that he commenced his ./OFFICIAL_SENSITIVE_Wetherell_Alice_SoS_Decision-redacted.pdf-role as [REDACTED]. He described his relationship with Miss Wetherell to be 'positively ./OFFICIAL_SENSITIVE_Wetherell_Alice_SoS_Decision-redacted.pdf-professional'. He stated that she always made positive contributions to the School, that he -- ./OFFICIAL_SENSITIVE_Wetherell_Alice_SoS_Decision-redacted.pdf-  Teachers must have proper and professional regard for the ethos, policies and ./OFFICIAL_SENSITIVE_Wetherell_Alice_SoS_Decision-redacted.pdf- practices of the school in which they teach ./OFFICIAL_SENSITIVE_Wetherell_Alice_SoS_Decision-redacted.pdf- ./OFFICIAL_SENSITIVE_Wetherell_Alice_SoS_Decision-redacted.pdf-The panel also considered whether Miss Wetherell's conduct displayed behaviours ./OFFICIAL_SENSITIVE_Wetherell_Alice_SoS_Decision-redacted.pdf-associated with any of the offences listed on pages 10 and 11 of the Advice and ./OFFICIAL_SENSITIVE_Wetherell_Alice_SoS_Decision-redacted.pdf-determined that none of these offences to be relevant. ./OFFICIAL_SENSITIVE_Wetherell_Alice_SoS_Decision-redacted.pdf- ./OFFICIAL_SENSITIVE_Wetherell_Alice_SoS_Decision-redacted.pdf-In respect of allegations 1b and 2, the panel was satisfied that the conduct of Miss ./OFFICIAL_SENSITIVE_Wetherell_Alice_SoS_Decision-redacted.pdf-Wetherell amounted to misconduct of a serious nature which fell significantly short of the ./OFFICIAL_SENSITIVE_Wetherell_Alice_SoS_Decision-redacted.pdf-standards expected of the profession. On two occasions, she had asked and allowed a ./OFFICIAL_SENSITIVE_Wetherell_Alice_SoS_Decision-redacted.pdf:person, convicted of serious sexual offences and recently released from prison on ./OFFICIAL_SENSITIVE_Wetherell_Alice_SoS_Decision-redacted.pdf-licence, access to School premises and gave him, by implication, credence to others. ./OFFICIAL_SENSITIVE_Wetherell_Alice_SoS_Decision-redacted.pdf-Individual A's attendance, on at least one of the occasions, was not fleeting and lasted for ./OFFICIAL_SENSITIVE_Wetherell_Alice_SoS_Decision-redacted.pdf-a number of hours. ./OFFICIAL_SENSITIVE_Wetherell_Alice_SoS_Decision-redacted.pdf- ./OFFICIAL_SENSITIVE_Wetherell_Alice_SoS_Decision-redacted.pdf-By her own admissions, Miss Wetherell was aware that there was some safeguarding ./OFFICIAL_SENSITIVE_Wetherell_Alice_SoS_Decision-redacted.pdf-risk as she explained that she spent time, before Individual A's attendance, clearing ./OFFICIAL_SENSITIVE_Wetherell_Alice_SoS_Decision-redacted.pdf-information relating to pupils. ./OFFICIAL_SENSITIVE_Wetherell_Alice_SoS_Decision-redacted.pdf- ./OFFICIAL_SENSITIVE_Wetherell_Alice_SoS_Decision-redacted.pdf-In the panel's view, Miss Wetherell's actions were not forgivable or excusable. The panel ./OFFICIAL_SENSITIVE_Wetherell_Alice_SoS_Decision-redacted.pdf-accepted that, at the time, she was experiencing significant personal loss and disruption -- ./OFFICIAL_SENSITIVE_Wetherell_Alice_SoS_Decision-redacted.pdf- • the protection of pupils; ./OFFICIAL_SENSITIVE_Wetherell_Alice_SoS_Decision-redacted.pdf- ./OFFICIAL_SENSITIVE_Wetherell_Alice_SoS_Decision-redacted.pdf- • the maintenance of public confidence in the profession; ./OFFICIAL_SENSITIVE_Wetherell_Alice_SoS_Decision-redacted.pdf- ./OFFICIAL_SENSITIVE_Wetherell_Alice_SoS_Decision-redacted.pdf- • declaring and upholding proper standards of conduct; and ./OFFICIAL_SENSITIVE_Wetherell_Alice_SoS_Decision-redacted.pdf- ./OFFICIAL_SENSITIVE_Wetherell_Alice_SoS_Decision-redacted.pdf- • the interest of retaining the teacher in the profession. ./OFFICIAL_SENSITIVE_Wetherell_Alice_SoS_Decision-redacted.pdf- ./OFFICIAL_SENSITIVE_Wetherell_Alice_SoS_Decision-redacted.pdf-In the light of the panel’s findings against Miss Wetherell, which involved her creating a ./OFFICIAL_SENSITIVE_Wetherell_Alice_SoS_Decision-redacted.pdf-potential safeguarding risk to pupils by allowing a person that she knew to be a convicted ./OFFICIAL_SENSITIVE_Wetherell_Alice_SoS_Decision-redacted.pdf:sex offender onto the premises of the School on two occasions, and to collect her in a car ./OFFICIAL_SENSITIVE_Wetherell_Alice_SoS_Decision-redacted.pdf-from the vicinity of the School, there was a strong public interest consideration in respect ./OFFICIAL_SENSITIVE_Wetherell_Alice_SoS_Decision-redacted.pdf-of the protection of pupils. ./OFFICIAL_SENSITIVE_Wetherell_Alice_SoS_Decision-redacted.pdf- ./OFFICIAL_SENSITIVE_Wetherell_Alice_SoS_Decision-redacted.pdf-Similarly, the panel considered that public confidence in the profession could be seriously ./OFFICIAL_SENSITIVE_Wetherell_Alice_SoS_Decision-redacted.pdf-weakened if conduct such as that found against Miss Wetherell was not treated with the ./OFFICIAL_SENSITIVE_Wetherell_Alice_SoS_Decision-redacted.pdf-utmost seriousness when regulating the conduct of the profession. ./OFFICIAL_SENSITIVE_Wetherell_Alice_SoS_Decision-redacted.pdf- ./OFFICIAL_SENSITIVE_Wetherell_Alice_SoS_Decision-redacted.pdf-The panel was of the view that a strong public interest consideration in declaring proper ./OFFICIAL_SENSITIVE_Wetherell_Alice_SoS_Decision-redacted.pdf-standards of conduct in the profession was also present as the conduct found against ./OFFICIAL_SENSITIVE_Wetherell_Alice_SoS_Decision-redacted.pdf-Miss Wetherell was outside that which could reasonably be tolerated. ./OFFICIAL_SENSITIVE__Glass_Oliver_SoS_Web_Decisionredacted.pdf-Allegations ./OFFICIAL_SENSITIVE__Glass_Oliver_SoS_Web_Decisionredacted.pdf-The panel considered the allegations set out in the notice of meeting dated 15 February ./OFFICIAL_SENSITIVE__Glass_Oliver_SoS_Web_Decisionredacted.pdf-2022. ./OFFICIAL_SENSITIVE__Glass_Oliver_SoS_Web_Decisionredacted.pdf- ./OFFICIAL_SENSITIVE__Glass_Oliver_SoS_Web_Decisionredacted.pdf-It was alleged that Mr Glass was guilty of having been convicted of the following relevant ./OFFICIAL_SENSITIVE__Glass_Oliver_SoS_Web_Decisionredacted.pdf-offences: ./OFFICIAL_SENSITIVE__Glass_Oliver_SoS_Web_Decisionredacted.pdf- ./OFFICIAL_SENSITIVE__Glass_Oliver_SoS_Web_Decisionredacted.pdf: 1. Cause/incite sexual activity with female 13-17 offender 18 or over abuse of ./OFFICIAL_SENSITIVE__Glass_Oliver_SoS_Web_Decisionredacted.pdf- position of trust on 27/06/19. Sexual Offences Act 2003 s.17(1)(e)(i) ./OFFICIAL_SENSITIVE__Glass_Oliver_SoS_Web_Decisionredacted.pdf- ./OFFICIAL_SENSITIVE__Glass_Oliver_SoS_Web_Decisionredacted.pdf- Disposal: Imprisonment 22 months. Sex Offenders Notice 10 years. Sexual ./OFFICIAL_SENSITIVE__Glass_Oliver_SoS_Web_Decisionredacted.pdf- Harm Prevention Order 10 years. Victim surcharge £140 Date/Court: ./OFFICIAL_SENSITIVE__Glass_Oliver_SoS_Web_Decisionredacted.pdf- 16/12/20. Reading Crown Court. ./OFFICIAL_SENSITIVE__Glass_Oliver_SoS_Web_Decisionredacted.pdf- ./OFFICIAL_SENSITIVE__Glass_Oliver_SoS_Web_Decisionredacted.pdf: 2. Cause/incite sexual activity with female 13-17 offender 18 or over abuse of ./OFFICIAL_SENSITIVE__Glass_Oliver_SoS_Web_Decisionredacted.pdf- position of trust on 28/06/19. Sexual Offences Act 2003 s.17(1)(e)(i) ./OFFICIAL_SENSITIVE__Glass_Oliver_SoS_Web_Decisionredacted.pdf- ./OFFICIAL_SENSITIVE__Glass_Oliver_SoS_Web_Decisionredacted.pdf- Disposal: Imprisonment 22 months Date/Court: 16/12/20. Reading Crown ./OFFICIAL_SENSITIVE__Glass_Oliver_SoS_Web_Decisionredacted.pdf- Court. ./OFFICIAL_SENSITIVE__Glass_Oliver_SoS_Web_Decisionredacted.pdf- ./OFFICIAL_SENSITIVE__Glass_Oliver_SoS_Web_Decisionredacted.pdf: 3. Cause/incite sexual activity with female 13-17 offender 18 or over abuse of ./OFFICIAL_SENSITIVE__Glass_Oliver_SoS_Web_Decisionredacted.pdf- position of trust on 19/08/19 – 22/08/19. Sexual Offences Act 2003 ./OFFICIAL_SENSITIVE__Glass_Oliver_SoS_Web_Decisionredacted.pdf- s.17(1)(e)(i) ./OFFICIAL_SENSITIVE__Glass_Oliver_SoS_Web_Decisionredacted.pdf- ./OFFICIAL_SENSITIVE__Glass_Oliver_SoS_Web_Decisionredacted.pdf- Disposal: Imprisonment 22 months Date/Court: 16/12/20. Reading Crown ./OFFICIAL_SENSITIVE__Glass_Oliver_SoS_Web_Decisionredacted.pdf- Court ./OFFICIAL_SENSITIVE__Glass_Oliver_SoS_Web_Decisionredacted.pdf- ./OFFICIAL_SENSITIVE__Glass_Oliver_SoS_Web_Decisionredacted.pdf- ./OFFICIAL_SENSITIVE__Glass_Oliver_SoS_Web_Decisionredacted.pdf-Mr Glass admitted the facts of the allegations and that his conviction was for a relevant ./OFFICIAL_SENSITIVE__Glass_Oliver_SoS_Web_Decisionredacted.pdf-offence. ./OFFICIAL_SENSITIVE__Glass_Oliver_SoS_Web_Decisionredacted.pdf- -- ./OFFICIAL_SENSITIVE__Glass_Oliver_SoS_Web_Decisionredacted.pdf-The panel proceeded to consider the case carefully, having read all of the documents, ./OFFICIAL_SENSITIVE__Glass_Oliver_SoS_Web_Decisionredacted.pdf-and reached a decision. It accepted the legal advice provided. ./OFFICIAL_SENSITIVE__Glass_Oliver_SoS_Web_Decisionredacted.pdf- ./OFFICIAL_SENSITIVE__Glass_Oliver_SoS_Web_Decisionredacted.pdf-Mr Glass was previously employed as head of mathematics and head of the maths and ./OFFICIAL_SENSITIVE__Glass_Oliver_SoS_Web_Decisionredacted.pdf-science faculty at [redacted] ("the School"). He started work at the School in September ./OFFICIAL_SENSITIVE__Glass_Oliver_SoS_Web_Decisionredacted.pdf-2016. ./OFFICIAL_SENSITIVE__Glass_Oliver_SoS_Web_Decisionredacted.pdf- ./OFFICIAL_SENSITIVE__Glass_Oliver_SoS_Web_Decisionredacted.pdf-In June 2019, Mr Glass resigned from the School ahead of a proposed relocation and ./OFFICIAL_SENSITIVE__Glass_Oliver_SoS_Web_Decisionredacted.pdf-proceeded to serve a period of notice. ./OFFICIAL_SENSITIVE__Glass_Oliver_SoS_Web_Decisionredacted.pdf- ./OFFICIAL_SENSITIVE__Glass_Oliver_SoS_Web_Decisionredacted.pdf:Subsequently, a report was received from a pupil alleging she had engaged in sexual ./OFFICIAL_SENSITIVE__Glass_Oliver_SoS_Web_Decisionredacted.pdf-activity with Mr Glass. ./OFFICIAL_SENSITIVE__Glass_Oliver_SoS_Web_Decisionredacted.pdf- ./OFFICIAL_SENSITIVE__Glass_Oliver_SoS_Web_Decisionredacted.pdf-The pupil in question was referred to as Pupil A for the purposes of these proceedings. ./OFFICIAL_SENSITIVE__Glass_Oliver_SoS_Web_Decisionredacted.pdf- ./OFFICIAL_SENSITIVE__Glass_Oliver_SoS_Web_Decisionredacted.pdf-The relevant chronology was as follows: ./OFFICIAL_SENSITIVE__Glass_Oliver_SoS_Web_Decisionredacted.pdf- ./OFFICIAL_SENSITIVE__Glass_Oliver_SoS_Web_Decisionredacted.pdf: • On 12 September 2019, Pupil A reported the sexual activity with Mr Glass. ./OFFICIAL_SENSITIVE__Glass_Oliver_SoS_Web_Decisionredacted.pdf- ./OFFICIAL_SENSITIVE__Glass_Oliver_SoS_Web_Decisionredacted.pdf- • That same date, Mr Glass was arrested by Thames Valley Police. ./OFFICIAL_SENSITIVE__Glass_Oliver_SoS_Web_Decisionredacted.pdf- ./OFFICIAL_SENSITIVE__Glass_Oliver_SoS_Web_Decisionredacted.pdf- 5 ./OFFICIAL_SENSITIVE__Glass_Oliver_SoS_Web_Decisionredacted.pdf- -- ./OFFICIAL_SENSITIVE__Glass_Oliver_SoS_Web_Decisionredacted.pdf- • On 13 September 2019, Mr Glass was formally suspended by the School and a ./OFFICIAL_SENSITIVE__Glass_Oliver_SoS_Web_Decisionredacted.pdf- LADO referral was made. ./OFFICIAL_SENSITIVE__Glass_Oliver_SoS_Web_Decisionredacted.pdf- ./OFFICIAL_SENSITIVE__Glass_Oliver_SoS_Web_Decisionredacted.pdf- • On 31 October 2019, Mr Glass' contract with the School came to an end. ./OFFICIAL_SENSITIVE__Glass_Oliver_SoS_Web_Decisionredacted.pdf- ./OFFICIAL_SENSITIVE__Glass_Oliver_SoS_Web_Decisionredacted.pdf- • In the summer of 2020, Mr Glass was formally charged by the police. ./OFFICIAL_SENSITIVE__Glass_Oliver_SoS_Web_Decisionredacted.pdf- ./OFFICIAL_SENSITIVE__Glass_Oliver_SoS_Web_Decisionredacted.pdf- • On 7 October 2020, Mr Glass pleaded guilty at Reading Magistrates Court to three ./OFFICIAL_SENSITIVE__Glass_Oliver_SoS_Web_Decisionredacted.pdf: counts of Abuse of Position of Trust – cause / incite sexual activity with a girl 13- ./OFFICIAL_SENSITIVE__Glass_Oliver_SoS_Web_Decisionredacted.pdf- 17. ./OFFICIAL_SENSITIVE__Glass_Oliver_SoS_Web_Decisionredacted.pdf- ./OFFICIAL_SENSITIVE__Glass_Oliver_SoS_Web_Decisionredacted.pdf- • On 12 December 2020, Mr Glass was sentenced at Reading Crown Court, ./OFFICIAL_SENSITIVE__Glass_Oliver_SoS_Web_Decisionredacted.pdf- including 22 months imprisonment. ./OFFICIAL_SENSITIVE__Glass_Oliver_SoS_Web_Decisionredacted.pdf- ./OFFICIAL_SENSITIVE__Glass_Oliver_SoS_Web_Decisionredacted.pdf-The School formally referred Mr Glass to the TRA on 17 November 2020. ./OFFICIAL_SENSITIVE__Glass_Oliver_SoS_Web_Decisionredacted.pdf- ./OFFICIAL_SENSITIVE__Glass_Oliver_SoS_Web_Decisionredacted.pdf-Findings of fact ./OFFICIAL_SENSITIVE__Glass_Oliver_SoS_Web_Decisionredacted.pdf- ./OFFICIAL_SENSITIVE__Glass_Oliver_SoS_Web_Decisionredacted.pdf-The findings of fact are as follows. ./OFFICIAL_SENSITIVE__Glass_Oliver_SoS_Web_Decisionredacted.pdf- ./OFFICIAL_SENSITIVE__Glass_Oliver_SoS_Web_Decisionredacted.pdf-The panel found the following particulars of the allegations against you proved, for these ./OFFICIAL_SENSITIVE__Glass_Oliver_SoS_Web_Decisionredacted.pdf-reasons: ./OFFICIAL_SENSITIVE__Glass_Oliver_SoS_Web_Decisionredacted.pdf- ./OFFICIAL_SENSITIVE__Glass_Oliver_SoS_Web_Decisionredacted.pdf: 1. Cause/incite sexual activity with female 13-17 offender 18 or over abuse ./OFFICIAL_SENSITIVE__Glass_Oliver_SoS_Web_Decisionredacted.pdf- of position of trust on 27/06/19. Sexual Offences Act 2003 s.17(1)(e)(i) ./OFFICIAL_SENSITIVE__Glass_Oliver_SoS_Web_Decisionredacted.pdf- ./OFFICIAL_SENSITIVE__Glass_Oliver_SoS_Web_Decisionredacted.pdf- Disposal: Imprisonment 22 months. Sex Offenders Notice 10 years. ./OFFICIAL_SENSITIVE__Glass_Oliver_SoS_Web_Decisionredacted.pdf- Sexual Harm Prevention Order 10 years. Victim surcharge £140 ./OFFICIAL_SENSITIVE__Glass_Oliver_SoS_Web_Decisionredacted.pdf- Date/Court: 16/12/20. Reading Crown Court. ./OFFICIAL_SENSITIVE__Glass_Oliver_SoS_Web_Decisionredacted.pdf- ./OFFICIAL_SENSITIVE__Glass_Oliver_SoS_Web_Decisionredacted.pdf: 2. Cause/incite sexual activity with female 13-17 offender 18 or over abuse ./OFFICIAL_SENSITIVE__Glass_Oliver_SoS_Web_Decisionredacted.pdf- of position of trust on 28/06/19. Sexual Offences Act 2003 s.17(1)(e)(i) ./OFFICIAL_SENSITIVE__Glass_Oliver_SoS_Web_Decisionredacted.pdf- ./OFFICIAL_SENSITIVE__Glass_Oliver_SoS_Web_Decisionredacted.pdf- Disposal: Imprisonment 22 months Date/Court: 16/12/20. Reading Crown ./OFFICIAL_SENSITIVE__Glass_Oliver_SoS_Web_Decisionredacted.pdf- Court. ./OFFICIAL_SENSITIVE__Glass_Oliver_SoS_Web_Decisionredacted.pdf- ./OFFICIAL_SENSITIVE__Glass_Oliver_SoS_Web_Decisionredacted.pdf: 3. Cause/incite sexual activity with female 13-17 offender 18 or over abuse ./OFFICIAL_SENSITIVE__Glass_Oliver_SoS_Web_Decisionredacted.pdf- of position of trust on 19/08/19 – 22/08/19. Sexual Offences Act 2003 ./OFFICIAL_SENSITIVE__Glass_Oliver_SoS_Web_Decisionredacted.pdf- s.17(1)(e)(i) ./OFFICIAL_SENSITIVE__Glass_Oliver_SoS_Web_Decisionredacted.pdf- ./OFFICIAL_SENSITIVE__Glass_Oliver_SoS_Web_Decisionredacted.pdf- Disposal: Imprisonment 22 months Date/Court: 16/12/20. Reading Crown ./OFFICIAL_SENSITIVE__Glass_Oliver_SoS_Web_Decisionredacted.pdf- Court ./OFFICIAL_SENSITIVE__Glass_Oliver_SoS_Web_Decisionredacted.pdf- ./OFFICIAL_SENSITIVE__Glass_Oliver_SoS_Web_Decisionredacted.pdf-The panel considered allegations 1, 2 and 3 together. ./OFFICIAL_SENSITIVE__Glass_Oliver_SoS_Web_Decisionredacted.pdf- ./OFFICIAL_SENSITIVE__Glass_Oliver_SoS_Web_Decisionredacted.pdf- ./OFFICIAL_SENSITIVE__Glass_Oliver_SoS_Web_Decisionredacted.pdf- -- ./OFFICIAL_SENSITIVE__Glass_Oliver_SoS_Web_Decisionredacted.pdf-The panel noted that Pupil A was 16 when she became Mr Glass' mentee and was in his ./OFFICIAL_SENSITIVE__Glass_Oliver_SoS_Web_Decisionredacted.pdf-tutor group. ./OFFICIAL_SENSITIVE__Glass_Oliver_SoS_Web_Decisionredacted.pdf- ./OFFICIAL_SENSITIVE__Glass_Oliver_SoS_Web_Decisionredacted.pdf-Pupil A was a vulnerable individual who was receiving support and medication for mental ./OFFICIAL_SENSITIVE__Glass_Oliver_SoS_Web_Decisionredacted.pdf-health issues. Pupil A had made a previous [redacted]. ./OFFICIAL_SENSITIVE__Glass_Oliver_SoS_Web_Decisionredacted.pdf- ./OFFICIAL_SENSITIVE__Glass_Oliver_SoS_Web_Decisionredacted.pdf-Within school, Mr Glass was responsible for Pupil A's medication and, as her mentor, ./OFFICIAL_SENSITIVE__Glass_Oliver_SoS_Web_Decisionredacted.pdf-was fully aware of her vulnerabilities. ./OFFICIAL_SENSITIVE__Glass_Oliver_SoS_Web_Decisionredacted.pdf- ./OFFICIAL_SENSITIVE__Glass_Oliver_SoS_Web_Decisionredacted.pdf-At some point, Mr Glass started to communicate with Pupil A using a non-school email ./OFFICIAL_SENSITIVE__Glass_Oliver_SoS_Web_Decisionredacted.pdf:address and other private social media applications. This escalated to sexual contact. ./OFFICIAL_SENSITIVE__Glass_Oliver_SoS_Web_Decisionredacted.pdf- ./OFFICIAL_SENSITIVE__Glass_Oliver_SoS_Web_Decisionredacted.pdf:The offences in question relate to 3 separate sexual activities with Pupil A. The offences ./OFFICIAL_SENSITIVE__Glass_Oliver_SoS_Web_Decisionredacted.pdf-took place in Mr Glass' car and involved aggressive acts on his part. ./OFFICIAL_SENSITIVE__Glass_Oliver_SoS_Web_Decisionredacted.pdf- ./OFFICIAL_SENSITIVE__Glass_Oliver_SoS_Web_Decisionredacted.pdf-The panel was presented with the sentencing remarks of His Honour Judge [redacted], ./OFFICIAL_SENSITIVE__Glass_Oliver_SoS_Web_Decisionredacted.pdf-summarising the offences, the reasons for the sentence imposed and addressing the ./OFFICIAL_SENSITIVE__Glass_Oliver_SoS_Web_Decisionredacted.pdf-impact of these events on Pupil A. ./OFFICIAL_SENSITIVE__Glass_Oliver_SoS_Web_Decisionredacted.pdf- ./OFFICIAL_SENSITIVE__Glass_Oliver_SoS_Web_Decisionredacted.pdf-The panel was also presented with a certificate of conviction from Reading Crown Court, ./OFFICIAL_SENSITIVE__Glass_Oliver_SoS_Web_Decisionredacted.pdf-confirming that Mr Glass was convicted, on 7 October 2020, of each of the offences ./OFFICIAL_SENSITIVE__Glass_Oliver_SoS_Web_Decisionredacted.pdf-particularised in allegations 1, 2 and 3. ./OFFICIAL_SENSITIVE__Glass_Oliver_SoS_Web_Decisionredacted.pdf- ./OFFICIAL_SENSITIVE__Glass_Oliver_SoS_Web_Decisionredacted.pdf-On 16 December 2020, he was sentenced to: ./OFFICIAL_SENSITIVE__Glass_Oliver_SoS_Web_Decisionredacted.pdf- ./OFFICIAL_SENSITIVE__Glass_Oliver_SoS_Web_Decisionredacted.pdf- a. Imprisonment for 22 months; ./OFFICIAL_SENSITIVE__Glass_Oliver_SoS_Web_Decisionredacted.pdf- ./OFFICIAL_SENSITIVE__Glass_Oliver_SoS_Web_Decisionredacted.pdf: b. A sex offenders notice for a period of 10 years; ./OFFICIAL_SENSITIVE__Glass_Oliver_SoS_Web_Decisionredacted.pdf- ./OFFICIAL_SENSITIVE__Glass_Oliver_SoS_Web_Decisionredacted.pdf: c. A sexual harm prevention order for 10 years; and ./OFFICIAL_SENSITIVE__Glass_Oliver_SoS_Web_Decisionredacted.pdf- ./OFFICIAL_SENSITIVE__Glass_Oliver_SoS_Web_Decisionredacted.pdf- e. A victim surcharge of £140.00. ./OFFICIAL_SENSITIVE__Glass_Oliver_SoS_Web_Decisionredacted.pdf- ./OFFICIAL_SENSITIVE__Glass_Oliver_SoS_Web_Decisionredacted.pdf-The panel accepted the certificate of conviction as conclusive proof of the commission of ./OFFICIAL_SENSITIVE__Glass_Oliver_SoS_Web_Decisionredacted.pdf-these offences by Mr Glass. ./OFFICIAL_SENSITIVE__Glass_Oliver_SoS_Web_Decisionredacted.pdf- ./OFFICIAL_SENSITIVE__Glass_Oliver_SoS_Web_Decisionredacted.pdf-In light of this and Mr Glass' admissions, it accordingly found allegations 1, 2 and 3 ./OFFICIAL_SENSITIVE__Glass_Oliver_SoS_Web_Decisionredacted.pdf-proved. ./OFFICIAL_SENSITIVE__Glass_Oliver_SoS_Web_Decisionredacted.pdf- ./OFFICIAL_SENSITIVE__Glass_Oliver_SoS_Web_Decisionredacted.pdf-Findings as to conviction of a relevant offence -- ./OFFICIAL_SENSITIVE__Glass_Oliver_SoS_Web_Decisionredacted.pdf- o showing tolerance of and respect for the rights of others. ./OFFICIAL_SENSITIVE__Glass_Oliver_SoS_Web_Decisionredacted.pdf- ./OFFICIAL_SENSITIVE__Glass_Oliver_SoS_Web_Decisionredacted.pdf-  Teachers must have proper and professional regard for the ethos, policies and ./OFFICIAL_SENSITIVE__Glass_Oliver_SoS_Web_Decisionredacted.pdf- practices of the school in which they teach. ./OFFICIAL_SENSITIVE__Glass_Oliver_SoS_Web_Decisionredacted.pdf- ./OFFICIAL_SENSITIVE__Glass_Oliver_SoS_Web_Decisionredacted.pdf-  Teachers must have an understanding of, and always act within, the statutory ./OFFICIAL_SENSITIVE__Glass_Oliver_SoS_Web_Decisionredacted.pdf- frameworks which set out their professional duties and responsibilities. ./OFFICIAL_SENSITIVE__Glass_Oliver_SoS_Web_Decisionredacted.pdf- ./OFFICIAL_SENSITIVE__Glass_Oliver_SoS_Web_Decisionredacted.pdf-Mr Glass' behaviour in committing these offences had a direct and extremely serious ./OFFICIAL_SENSITIVE__Glass_Oliver_SoS_Web_Decisionredacted.pdf-impact on the pupil in question. Each of these serious offences were very disturbing in ./OFFICIAL_SENSITIVE__Glass_Oliver_SoS_Web_Decisionredacted.pdf:nature and were such that Mr Glass abused a position of trust to have sexual relations ./OFFICIAL_SENSITIVE__Glass_Oliver_SoS_Web_Decisionredacted.pdf-with an extremely vulnerable pupil in his care. The precise circumstances were such ./OFFICIAL_SENSITIVE__Glass_Oliver_SoS_Web_Decisionredacted.pdf-that, on any assessment, Mr Glass' actions were at the most serious end of the spectrum ./OFFICIAL_SENSITIVE__Glass_Oliver_SoS_Web_Decisionredacted.pdf-and his behaviour in committing these offences clearly engaged child protection and ./OFFICIAL_SENSITIVE__Glass_Oliver_SoS_Web_Decisionredacted.pdf-public protection issues. ./OFFICIAL_SENSITIVE__Glass_Oliver_SoS_Web_Decisionredacted.pdf- ./OFFICIAL_SENSITIVE__Glass_Oliver_SoS_Web_Decisionredacted.pdf-This was a case involving the following offences that the Advice states are likely to be ./OFFICIAL_SENSITIVE__Glass_Oliver_SoS_Web_Decisionredacted.pdf-considered a relevant offence: ./OFFICIAL_SENSITIVE__Glass_Oliver_SoS_Web_Decisionredacted.pdf- ./OFFICIAL_SENSITIVE__Glass_Oliver_SoS_Web_Decisionredacted.pdf: • violence, with reference to the commission of aggressive sexual acts; ./OFFICIAL_SENSITIVE__Glass_Oliver_SoS_Web_Decisionredacted.pdf- ./OFFICIAL_SENSITIVE__Glass_Oliver_SoS_Web_Decisionredacted.pdf: • sexual activity; ./OFFICIAL_SENSITIVE__Glass_Oliver_SoS_Web_Decisionredacted.pdf- ./OFFICIAL_SENSITIVE__Glass_Oliver_SoS_Web_Decisionredacted.pdf: • sexual communication with a child; and ./OFFICIAL_SENSITIVE__Glass_Oliver_SoS_Web_Decisionredacted.pdf- ./OFFICIAL_SENSITIVE__Glass_Oliver_SoS_Web_Decisionredacted.pdf- • with reference to the images said to have been exchanged, any activity involving ./OFFICIAL_SENSITIVE__Glass_Oliver_SoS_Web_Decisionredacted.pdf- viewing, taking, making, possessing, distributing or publishing any indecent ./OFFICIAL_SENSITIVE__Glass_Oliver_SoS_Web_Decisionredacted.pdf- photograph or image or pseudo photograph or image of a child, or permitting any ./OFFICIAL_SENSITIVE__Glass_Oliver_SoS_Web_Decisionredacted.pdf- such activity, including one off incidents. ./OFFICIAL_SENSITIVE__Glass_Oliver_SoS_Web_Decisionredacted.pdf- ./OFFICIAL_SENSITIVE__Glass_Oliver_SoS_Web_Decisionredacted.pdf- ./OFFICIAL_SENSITIVE__Glass_Oliver_SoS_Web_Decisionredacted.pdf- ./OFFICIAL_SENSITIVE__Glass_Oliver_SoS_Web_Decisionredacted.pdf- 8 ./OFFICIAL_SENSITIVE__Glass_Oliver_SoS_Web_Decisionredacted.pdf- -- ./OFFICIAL_SENSITIVE__Glass_Oliver_SoS_Web_Decisionredacted.pdf-  an abuse of any trust, knowledge, or influence gained through their professional ./OFFICIAL_SENSITIVE__Glass_Oliver_SoS_Web_Decisionredacted.pdf: position in order to advance a romantic or sexual relationship with a pupil or former ./OFFICIAL_SENSITIVE__Glass_Oliver_SoS_Web_Decisionredacted.pdf- pupil; ./OFFICIAL_SENSITIVE__Glass_Oliver_SoS_Web_Decisionredacted.pdf- ./OFFICIAL_SENSITIVE__Glass_Oliver_SoS_Web_Decisionredacted.pdf:  sexual misconduct, e.g. involving actions that were sexually motivated or of a ./OFFICIAL_SENSITIVE__Glass_Oliver_SoS_Web_Decisionredacted.pdf: sexual nature and/or that use or exploit the trust, knowledge or influence derived ./OFFICIAL_SENSITIVE__Glass_Oliver_SoS_Web_Decisionredacted.pdf- from the individual’s professional position; ./OFFICIAL_SENSITIVE__Glass_Oliver_SoS_Web_Decisionredacted.pdf- ./OFFICIAL_SENSITIVE__Glass_Oliver_SoS_Web_Decisionredacted.pdf-  any activity involving viewing, taking, making, possessing, distributing or ./OFFICIAL_SENSITIVE__Glass_Oliver_SoS_Web_Decisionredacted.pdf- publishing any indecent photograph or image or pseudo photograph or image of a ./OFFICIAL_SENSITIVE__Glass_Oliver_SoS_Web_Decisionredacted.pdf- child, or permitting such activity, including one-off incidents; ./OFFICIAL_SENSITIVE__Glass_Oliver_SoS_Web_Decisionredacted.pdf- ./OFFICIAL_SENSITIVE__Glass_Oliver_SoS_Web_Decisionredacted.pdf-  failure to act on evidence that indicated a child’s welfare may have been at risk ./OFFICIAL_SENSITIVE__Glass_Oliver_SoS_Web_Decisionredacted.pdf- e.g. failed to notify the designated safeguarding lead and/or make a referral to ./OFFICIAL_SENSITIVE__Glass_Oliver_SoS_Web_Decisionredacted.pdf- children’s social care, the police or other relevant agencies when abuse, neglect ./OFFICIAL_SENSITIVE__Glass_Oliver_SoS_Web_Decisionredacted.pdf- and/or harmful cultural practices were identified; -- ./OFFICIAL_SENSITIVE__Glass_Oliver_SoS_Web_Decisionredacted.pdf- • Mr Glass' actions were deliberate and involved three offences on separate ./OFFICIAL_SENSITIVE__Glass_Oliver_SoS_Web_Decisionredacted.pdf- occasions. The relationship was one that was described by the Court as having ./OFFICIAL_SENSITIVE__Glass_Oliver_SoS_Web_Decisionredacted.pdf- evolved: ./OFFICIAL_SENSITIVE__Glass_Oliver_SoS_Web_Decisionredacted.pdf- ./OFFICIAL_SENSITIVE__Glass_Oliver_SoS_Web_Decisionredacted.pdf- "… in a way that at any stage you could have stopped it and you chose not to. ./OFFICIAL_SENSITIVE__Glass_Oliver_SoS_Web_Decisionredacted.pdf- And, really, from the moment you chose not to stop it, you knew exactly what you ./OFFICIAL_SENSITIVE__Glass_Oliver_SoS_Web_Decisionredacted.pdf- were doing and from there on, it was targeted." ./OFFICIAL_SENSITIVE__Glass_Oliver_SoS_Web_Decisionredacted.pdf- ./OFFICIAL_SENSITIVE__Glass_Oliver_SoS_Web_Decisionredacted.pdf- The Court added that Mr Glass did not stop because: ./OFFICIAL_SENSITIVE__Glass_Oliver_SoS_Web_Decisionredacted.pdf- ./OFFICIAL_SENSITIVE__Glass_Oliver_SoS_Web_Decisionredacted.pdf: "… you hoped and worked on it developing towards sexual contact. That is where ./OFFICIAL_SENSITIVE__Glass_Oliver_SoS_Web_Decisionredacted.pdf- you wanted it to go. That is where you took it because you were the one who ./OFFICIAL_SENSITIVE__Glass_Oliver_SoS_Web_Decisionredacted.pdf: could have stopped it and you didn’t. You exchanged sexually explicit texts with ./OFFICIAL_SENSITIVE__Glass_Oliver_SoS_Web_Decisionredacted.pdf- her." ./OFFICIAL_SENSITIVE__Glass_Oliver_SoS_Web_Decisionredacted.pdf- ./OFFICIAL_SENSITIVE__Glass_Oliver_SoS_Web_Decisionredacted.pdf- • His actions amounted to a clear breach of the Teachers' Standards and raised ./OFFICIAL_SENSITIVE__Glass_Oliver_SoS_Web_Decisionredacted.pdf- serious public protection and child protection concerns. ./OFFICIAL_SENSITIVE__Glass_Oliver_SoS_Web_Decisionredacted.pdf- ./OFFICIAL_SENSITIVE__Glass_Oliver_SoS_Web_Decisionredacted.pdf- • Mr Glass has been convicted of very serious offences concerning a vulnerable ./OFFICIAL_SENSITIVE__Glass_Oliver_SoS_Web_Decisionredacted.pdf: child in his care and was sentenced to a term of imprisonment of 22 months, a sex ./OFFICIAL_SENSITIVE__Glass_Oliver_SoS_Web_Decisionredacted.pdf: offenders notice and a sexual harm prevention order for 10 years. ./OFFICIAL_SENSITIVE__Glass_Oliver_SoS_Web_Decisionredacted.pdf- ./OFFICIAL_SENSITIVE__Glass_Oliver_SoS_Web_Decisionredacted.pdf: • His actions involved harm and abuse to Pupil A. Mr Glass had sexual relations ./OFFICIAL_SENSITIVE__Glass_Oliver_SoS_Web_Decisionredacted.pdf: with a vulnerable pupil, incredibly serious in and of itself. Further, the sexual acts ./OFFICIAL_SENSITIVE__Glass_Oliver_SoS_Web_Decisionredacted.pdf: in question involved aggression on his part for sexual gratification and in a manner ./OFFICIAL_SENSITIVE__Glass_Oliver_SoS_Web_Decisionredacted.pdf- that the Court described as "particularly unpleasant". ./OFFICIAL_SENSITIVE__Glass_Oliver_SoS_Web_Decisionredacted.pdf- ./OFFICIAL_SENSITIVE__Glass_Oliver_SoS_Web_Decisionredacted.pdf- • Mr Glass was specifically charged with having responsibility for aspects of Pupil ./OFFICIAL_SENSITIVE__Glass_Oliver_SoS_Web_Decisionredacted.pdf- A's care and to support her as an extremely vulnerable pupil. ./OFFICIAL_SENSITIVE__Glass_Oliver_SoS_Web_Decisionredacted.pdf- ./OFFICIAL_SENSITIVE__Glass_Oliver_SoS_Web_Decisionredacted.pdf: • Mr Glass' actions were such that he was deemed to have undertaken a grooming ./OFFICIAL_SENSITIVE__Glass_Oliver_SoS_Web_Decisionredacted.pdf- process. The sentencing remarks record: ./OFFICIAL_SENSITIVE__Glass_Oliver_SoS_Web_Decisionredacted.pdf- ./OFFICIAL_SENSITIVE__Glass_Oliver_SoS_Web_Decisionredacted.pdf- "She was a particularly vulnerable child; and child, she was. You set up a private ./OFFICIAL_SENSITIVE__Glass_Oliver_SoS_Web_Decisionredacted.pdf- email account, so that you could communicate with her off the school system. You ./OFFICIAL_SENSITIVE__Glass_Oliver_SoS_Web_Decisionredacted.pdf: did that as part of a grooming process because you knew that the emails you ./OFFICIAL_SENSITIVE__Glass_Oliver_SoS_Web_Decisionredacted.pdf- wanted to send her and the way you wished to communicate with her would ./OFFICIAL_SENSITIVE__Glass_Oliver_SoS_Web_Decisionredacted.pdf- contain language that you didn’t want to be picked up on school emails, which ./OFFICIAL_SENSITIVE__Glass_Oliver_SoS_Web_Decisionredacted.pdf- would be monitored. You contacted her through other social media." ./OFFICIAL_SENSITIVE__Glass_Oliver_SoS_Web_Decisionredacted.pdf- ./OFFICIAL_SENSITIVE__Glass_Oliver_SoS_Web_Decisionredacted.pdf- • Mr Glass was in a leadership position and a position of trust and responsibility. He ./OFFICIAL_SENSITIVE__Glass_Oliver_SoS_Web_Decisionredacted.pdf- was also a role model. He had fallen very far short of the standards expected of ./OFFICIAL_SENSITIVE__Glass_Oliver_SoS_Web_Decisionredacted.pdf- him in that regard. ./OFFICIAL_SENSITIVE__Glass_Oliver_SoS_Web_Decisionredacted.pdf- ./OFFICIAL_SENSITIVE__Glass_Oliver_SoS_Web_Decisionredacted.pdf- ./OFFICIAL_SENSITIVE__Glass_Oliver_SoS_Web_Decisionredacted.pdf- 12 -- ./OFFICIAL_SENSITIVE__Glass_Oliver_SoS_Web_Decisionredacted.pdf-The panel first considered whether it would be proportionate to conclude this case with ./OFFICIAL_SENSITIVE__Glass_Oliver_SoS_Web_Decisionredacted.pdf-no recommendation of prohibition, considering whether the publication of the findings ./OFFICIAL_SENSITIVE__Glass_Oliver_SoS_Web_Decisionredacted.pdf-made by the panel would be sufficient. ./OFFICIAL_SENSITIVE__Glass_Oliver_SoS_Web_Decisionredacted.pdf- ./OFFICIAL_SENSITIVE__Glass_Oliver_SoS_Web_Decisionredacted.pdf-The panel was of the view that, applying the standard of the ordinary intelligent citizen, it ./OFFICIAL_SENSITIVE__Glass_Oliver_SoS_Web_Decisionredacted.pdf-would not be a proportionate and appropriate response to recommend no prohibition ./OFFICIAL_SENSITIVE__Glass_Oliver_SoS_Web_Decisionredacted.pdf-order. Recommending that the publication of adverse findings was sufficient would ./OFFICIAL_SENSITIVE__Glass_Oliver_SoS_Web_Decisionredacted.pdf-unacceptably compromise the public interest considerations present in this case, despite ./OFFICIAL_SENSITIVE__Glass_Oliver_SoS_Web_Decisionredacted.pdf-the severity of the consequences for Mr Glass of prohibition. ./OFFICIAL_SENSITIVE__Glass_Oliver_SoS_Web_Decisionredacted.pdf- ./OFFICIAL_SENSITIVE__Glass_Oliver_SoS_Web_Decisionredacted.pdf:Mr Glass was convicted of three offences of sexual activity with a vulnerable pupil in his ./OFFICIAL_SENSITIVE__Glass_Oliver_SoS_Web_Decisionredacted.pdf-care. These actions were fundamentally incompatible with his being a teacher. This was ./OFFICIAL_SENSITIVE__Glass_Oliver_SoS_Web_Decisionredacted.pdf-conduct of the most serious nature. The nature and gravity of these offences was a ./OFFICIAL_SENSITIVE__Glass_Oliver_SoS_Web_Decisionredacted.pdf-matter of significant concern. There were, accordingly, particularly strong public interest ./OFFICIAL_SENSITIVE__Glass_Oliver_SoS_Web_Decisionredacted.pdf-considerations in this case in terms of protecting the public, protecting learners, public ./OFFICIAL_SENSITIVE__Glass_Oliver_SoS_Web_Decisionredacted.pdf-confidence in the teaching profession and the declaring of proper standards of conduct in ./OFFICIAL_SENSITIVE__Glass_Oliver_SoS_Web_Decisionredacted.pdf-this case. ./OFFICIAL_SENSITIVE__Glass_Oliver_SoS_Web_Decisionredacted.pdf- ./OFFICIAL_SENSITIVE__Glass_Oliver_SoS_Web_Decisionredacted.pdf-Mr Glass' behaviour led to him receiving a sentence of imprisonment for a term of 22 ./OFFICIAL_SENSITIVE__Glass_Oliver_SoS_Web_Decisionredacted.pdf-months, which is indicative of the seriousness of the offence. The panel noted the ./OFFICIAL_SENSITIVE__Glass_Oliver_SoS_Web_Decisionredacted.pdf-following remarks from the sentencing judge in particular, which amply demonstrate both ./OFFICIAL_SENSITIVE__Glass_Oliver_SoS_Web_Decisionredacted.pdf-the seriousness of Mr Glass' actions and the public protection and child protection issues ./OFFICIAL_SENSITIVE__Glass_Oliver_SoS_Web_Decisionredacted.pdf-this gives rise to: ./OFFICIAL_SENSITIVE__Glass_Oliver_SoS_Web_Decisionredacted.pdf- ./OFFICIAL_SENSITIVE__Glass_Oliver_SoS_Web_Decisionredacted.pdf- • "… cases where it is far more serious is where a significantly older person uses ./OFFICIAL_SENSITIVE__Glass_Oliver_SoS_Web_Decisionredacted.pdf: their position of trust to have sexual relations with a child who is incredibly ./OFFICIAL_SENSITIVE__Glass_Oliver_SoS_Web_Decisionredacted.pdf- vulnerable and where the harm caused can be catastrophically life-changing and ./OFFICIAL_SENSITIVE__Glass_Oliver_SoS_Web_Decisionredacted.pdf- where the person in the position of trust knew that and went ahead and behaved ./OFFICIAL_SENSITIVE__Glass_Oliver_SoS_Web_Decisionredacted.pdf: as they did for their own sexual gratification. Those section 17 cases are far more ./OFFICIAL_SENSITIVE__Glass_Oliver_SoS_Web_Decisionredacted.pdf- serious and your case, Mr Glass, falls into that category. It actually falls into being ./OFFICIAL_SENSITIVE__Glass_Oliver_SoS_Web_Decisionredacted.pdf- one of the most serious section 17 cases that I’ve had to deal with." ./OFFICIAL_SENSITIVE__Glass_Oliver_SoS_Web_Decisionredacted.pdf- ./OFFICIAL_SENSITIVE__Glass_Oliver_SoS_Web_Decisionredacted.pdf- ./OFFICIAL_SENSITIVE__Glass_Oliver_SoS_Web_Decisionredacted.pdf- ./OFFICIAL_SENSITIVE__Glass_Oliver_SoS_Web_Decisionredacted.pdf- 13 ./OFFICIAL_SENSITIVE__Glass_Oliver_SoS_Web_Decisionredacted.pdf- -- ./OFFICIAL_SENSITIVE__Glass_Oliver_SoS_Web_Decisionredacted.pdf- • "I have to assess the culpability and the Sentencing Council properly sets down ./OFFICIAL_SENSITIVE__Glass_Oliver_SoS_Web_Decisionredacted.pdf- categories which place cases into category A or category B; and here, there’s no ./OFFICIAL_SENSITIVE__Glass_Oliver_SoS_Web_Decisionredacted.pdf- doubt there was specific targeting of a vulnerable child, a particularly vulnerable ./OFFICIAL_SENSITIVE__Glass_Oliver_SoS_Web_Decisionredacted.pdf: child, and there were sexual images exchanged, so it goes into category A. But ./OFFICIAL_SENSITIVE__Glass_Oliver_SoS_Web_Decisionredacted.pdf- the culpability of this case is not really about the words that are contained within ./OFFICIAL_SENSITIVE__Glass_Oliver_SoS_Web_Decisionredacted.pdf- the guidance: it’s the fact that you knew her vulnerabilities; you knew the risk that ./OFFICIAL_SENSITIVE__Glass_Oliver_SoS_Web_Decisionredacted.pdf- you were taking for causing her serious injury; and you went ahead." ./OFFICIAL_SENSITIVE__Glass_Oliver_SoS_Web_Decisionredacted.pdf- ./OFFICIAL_SENSITIVE__Glass_Oliver_SoS_Web_Decisionredacted.pdf- • "In my view, this case is such that it goes outside the range and there are three ./OFFICIAL_SENSITIVE__Glass_Oliver_SoS_Web_Decisionredacted.pdf- matters that I place on record that, in my view, take it outside the category range. ./OFFICIAL_SENSITIVE__Glass_Oliver_SoS_Web_Decisionredacted.pdf- Firstly, [Person A]’s very specific and serious vulnerability. This has two effects: ./OFFICIAL_SENSITIVE__Glass_Oliver_SoS_Web_Decisionredacted.pdf- one, it greatly increases the harm caused to her, as set out in her victim personal ./OFFICIAL_SENSITIVE__Glass_Oliver_SoS_Web_Decisionredacted.pdf- statement; and, secondly, it greatly increases your culpability because you knew, ./OFFICIAL_SENSITIVE__Glass_Oliver_SoS_Web_Decisionredacted.pdf- better than anybody else, the state of her vulnerability and what your actions ./OFFICIAL_SENSITIVE__Glass_Oliver_SoS_Web_Decisionredacted.pdf: would cause to her. Secondly, I take into account the very disturbing sexual ./OFFICIAL_SENSITIVE__Glass_Oliver_SoS_Web_Decisionredacted.pdf- aggression used within these three incidents." ./OFFICIAL_SENSITIVE__Glass_Oliver_SoS_Web_Decisionredacted.pdf- ./OFFICIAL_SENSITIVE__Glass_Oliver_SoS_Web_Decisionredacted.pdf- • "The appropriate punishment for this offending and your culpability, and the harm ./OFFICIAL_SENSITIVE__Glass_Oliver_SoS_Web_Decisionredacted.pdf- done to [Person A], can only be achieved by an immediate prison sentence. This ./OFFICIAL_SENSITIVE__Glass_Oliver_SoS_Web_Decisionredacted.pdf- sort of offence is so serious that it must be marked by the court, to ensure that ./OFFICIAL_SENSITIVE__Glass_Oliver_SoS_Web_Decisionredacted.pdf- members of society understand how seriously it is treated." ./OFFICIAL_SENSITIVE__Glass_Oliver_SoS_Web_Decisionredacted.pdf- ./OFFICIAL_SENSITIVE__Glass_Oliver_SoS_Web_Decisionredacted.pdf-The panel was therefore of the view that prohibition was both proportionate and ./OFFICIAL_SENSITIVE__Glass_Oliver_SoS_Web_Decisionredacted.pdf-appropriate. The panel decided that the public interest considerations outweighed the ./OFFICIAL_SENSITIVE__Glass_Oliver_SoS_Web_Decisionredacted.pdf-interests of Mr Glass. -- ./OFFICIAL_SENSITIVE__Glass_Oliver_SoS_Web_Decisionredacted.pdf-a review period of the order should be considered. ./OFFICIAL_SENSITIVE__Glass_Oliver_SoS_Web_Decisionredacted.pdf- ./OFFICIAL_SENSITIVE__Glass_Oliver_SoS_Web_Decisionredacted.pdf-The panel was mindful that the Advice states that a prohibition order applies for life, but ./OFFICIAL_SENSITIVE__Glass_Oliver_SoS_Web_Decisionredacted.pdf-there may be circumstances, in any given case, that may make it appropriate to allow a ./OFFICIAL_SENSITIVE__Glass_Oliver_SoS_Web_Decisionredacted.pdf-teacher to apply to have the prohibition order reviewed after a specified period of time ./OFFICIAL_SENSITIVE__Glass_Oliver_SoS_Web_Decisionredacted.pdf-that may not be less than 2 years. ./OFFICIAL_SENSITIVE__Glass_Oliver_SoS_Web_Decisionredacted.pdf- ./OFFICIAL_SENSITIVE__Glass_Oliver_SoS_Web_Decisionredacted.pdf-The Advice indicates that there are behaviours that, if proved, would militate against the ./OFFICIAL_SENSITIVE__Glass_Oliver_SoS_Web_Decisionredacted.pdf-recommendation of a review period. These behaviours include: ./OFFICIAL_SENSITIVE__Glass_Oliver_SoS_Web_Decisionredacted.pdf- ./OFFICIAL_SENSITIVE__Glass_Oliver_SoS_Web_Decisionredacted.pdf: • serious sexual misconduct e.g. where the act was sexually motivated and resulted ./OFFICIAL_SENSITIVE__Glass_Oliver_SoS_Web_Decisionredacted.pdf- in, or had the potential to result in, harm to a person or persons, particularly where ./OFFICIAL_SENSITIVE__Glass_Oliver_SoS_Web_Decisionredacted.pdf- the individual has used their professional position to influence or exploit a person ./OFFICIAL_SENSITIVE__Glass_Oliver_SoS_Web_Decisionredacted.pdf- or persons; ./OFFICIAL_SENSITIVE__Glass_Oliver_SoS_Web_Decisionredacted.pdf- ./OFFICIAL_SENSITIVE__Glass_Oliver_SoS_Web_Decisionredacted.pdf- ./OFFICIAL_SENSITIVE__Glass_Oliver_SoS_Web_Decisionredacted.pdf- 14 ./OFFICIAL_SENSITIVE__Glass_Oliver_SoS_Web_Decisionredacted.pdf- -- ./OFFICIAL_SENSITIVE__Glass_Oliver_SoS_Web_Decisionredacted.pdf: • any sexual misconduct involving a child; ./OFFICIAL_SENSITIVE__Glass_Oliver_SoS_Web_Decisionredacted.pdf- ./OFFICIAL_SENSITIVE__Glass_Oliver_SoS_Web_Decisionredacted.pdf- • any activity involving viewing, taking, making, possessing, distributing or ./OFFICIAL_SENSITIVE__Glass_Oliver_SoS_Web_Decisionredacted.pdf- publishing any indecent photograph or image or indecent pseudo photograph or ./OFFICIAL_SENSITIVE__Glass_Oliver_SoS_Web_Decisionredacted.pdf- image of a child, including one off incidents. ./OFFICIAL_SENSITIVE__Glass_Oliver_SoS_Web_Decisionredacted.pdf- ./OFFICIAL_SENSITIVE__Glass_Oliver_SoS_Web_Decisionredacted.pdf-These behaviours were directly applicable in this case. ./OFFICIAL_SENSITIVE__Glass_Oliver_SoS_Web_Decisionredacted.pdf- ./OFFICIAL_SENSITIVE__Glass_Oliver_SoS_Web_Decisionredacted.pdf-Accordingly, the panel decided that its findings indicated a situation in which a review ./OFFICIAL_SENSITIVE__Glass_Oliver_SoS_Web_Decisionredacted.pdf-period would not be appropriate. ./OFFICIAL_SENSITIVE__Glass_Oliver_SoS_Web_Decisionredacted.pdf- ./OFFICIAL_SENSITIVE__Glass_Oliver_SoS_Web_Decisionredacted.pdf-Although the panel took account of the mitigating factors identified above, the public ./OFFICIAL_SENSITIVE__Glass_Oliver_SoS_Web_Decisionredacted.pdf-interest considerations that Mr Glass' conviction gives rise to were such that this was ./OFFICIAL_SENSITIVE__Glass_Oliver_SoS_Web_Decisionredacted.pdf-necessary, appropriate and proportionate. ./OFFICIAL_SENSITIVE__Glass_Oliver_SoS_Web_Decisionredacted.pdf- ./OFFICIAL_SENSITIVE__Glass_Oliver_SoS_Web_Decisionredacted.pdf-Whilst Mr Glass appeared to have taken some steps to remediate his behaviour, there ./OFFICIAL_SENSITIVE__Glass_Oliver_SoS_Web_Decisionredacted.pdf-was no evidence of insight, remorse or regret on his part in the course of this referral. ./OFFICIAL_SENSITIVE__Glass_Oliver_SoS_Web_Decisionredacted.pdf- ./OFFICIAL_SENSITIVE__Glass_Oliver_SoS_Web_Decisionredacted.pdf:The panel repeats that, as someone convicted of having sexual activity with a vulnerable ./OFFICIAL_SENSITIVE__Glass_Oliver_SoS_Web_Decisionredacted.pdf-pupil in his care on 3 separate occasions, Mr Glass' actions are fundamentally ./OFFICIAL_SENSITIVE__Glass_Oliver_SoS_Web_Decisionredacted.pdf-incompatible with his being a teacher. His actions involved a serious breach of trust and ./OFFICIAL_SENSITIVE__Glass_Oliver_SoS_Web_Decisionredacted.pdf-serious harm to Pupil A and the nature and seriousness of the offences necessitated the ./OFFICIAL_SENSITIVE__Glass_Oliver_SoS_Web_Decisionredacted.pdf-prohibition order to be recommended without provision for a review period. ./OFFICIAL_SENSITIVE__Glass_Oliver_SoS_Web_Decisionredacted.pdf- ./OFFICIAL_SENSITIVE__Glass_Oliver_SoS_Web_Decisionredacted.pdf- ./OFFICIAL_SENSITIVE__Glass_Oliver_SoS_Web_Decisionredacted.pdf-Decision and reasons on behalf of the Secretary of State ./OFFICIAL_SENSITIVE__Glass_Oliver_SoS_Web_Decisionredacted.pdf-I have given very careful consideration to this case and to the recommendation of the ./OFFICIAL_SENSITIVE__Glass_Oliver_SoS_Web_Decisionredacted.pdf-panel in respect of both sanction and review period. ./OFFICIAL_SENSITIVE__Glass_Oliver_SoS_Web_Decisionredacted.pdf- -- ./OFFICIAL_SENSITIVE__Glass_Oliver_SoS_Web_Decisionredacted.pdf- frameworks which set out their professional duties and responsibilities. ./OFFICIAL_SENSITIVE__Glass_Oliver_SoS_Web_Decisionredacted.pdf- ./OFFICIAL_SENSITIVE__Glass_Oliver_SoS_Web_Decisionredacted.pdf-The panel took account of the Advice and the behaviour relevant in this case, which ./OFFICIAL_SENSITIVE__Glass_Oliver_SoS_Web_Decisionredacted.pdf-involved “failure in their duty of care towards a child, including exposing a child to risk or ./OFFICIAL_SENSITIVE__Glass_Oliver_SoS_Web_Decisionredacted.pdf-failing to promote the safety and welfare of the children (as set out in Part 1 of KCSIE).” ./OFFICIAL_SENSITIVE__Glass_Oliver_SoS_Web_Decisionredacted.pdf- ./OFFICIAL_SENSITIVE__Glass_Oliver_SoS_Web_Decisionredacted.pdf-The panel finds that the conduct of Mr Glass fell significantly short of the standards ./OFFICIAL_SENSITIVE__Glass_Oliver_SoS_Web_Decisionredacted.pdf-expected of the profession. ./OFFICIAL_SENSITIVE__Glass_Oliver_SoS_Web_Decisionredacted.pdf- ./OFFICIAL_SENSITIVE__Glass_Oliver_SoS_Web_Decisionredacted.pdf-The findings of misconduct are particularly serious as they include a conviction of three ./OFFICIAL_SENSITIVE__Glass_Oliver_SoS_Web_Decisionredacted.pdf:offences of sexual activity with a vulnerable pupil in his care. ./OFFICIAL_SENSITIVE__Glass_Oliver_SoS_Web_Decisionredacted.pdf- ./OFFICIAL_SENSITIVE__Glass_Oliver_SoS_Web_Decisionredacted.pdf-I have to determine whether the imposition of a prohibition order is proportionate and in ./OFFICIAL_SENSITIVE__Glass_Oliver_SoS_Web_Decisionredacted.pdf-the public interest. In considering that for this case, I have considered the overall aim of a ./OFFICIAL_SENSITIVE__Glass_Oliver_SoS_Web_Decisionredacted.pdf-prohibition order which is to protect pupils and to maintain public confidence in the ./OFFICIAL_SENSITIVE__Glass_Oliver_SoS_Web_Decisionredacted.pdf-profession. I have considered the extent to which a prohibition order in this case would ./OFFICIAL_SENSITIVE__Glass_Oliver_SoS_Web_Decisionredacted.pdf-achieve that aim taking into account the impact that it will have on the individual teacher. ./OFFICIAL_SENSITIVE__Glass_Oliver_SoS_Web_Decisionredacted.pdf-I have also asked myself, whether a less intrusive measure, such as the published ./OFFICIAL_SENSITIVE__Glass_Oliver_SoS_Web_Decisionredacted.pdf-finding of unacceptable professional conduct and conduct that may bring the profession ./OFFICIAL_SENSITIVE__Glass_Oliver_SoS_Web_Decisionredacted.pdf-into disrepute, would itself be sufficient to achieve the overall aim. I have to consider ./OFFICIAL_SENSITIVE__Glass_Oliver_SoS_Web_Decisionredacted.pdf-whether the consequences of such a publication are themselves sufficient. I have -- ./OFFICIAL_SENSITIVE__Glass_Oliver_SoS_Web_Decisionredacted.pdf-I have gone on to consider the extent to which a prohibition order would maintain public ./OFFICIAL_SENSITIVE__Glass_Oliver_SoS_Web_Decisionredacted.pdf-confidence in the profession. The panel observe, “Mr Glass' behaviour in committing ./OFFICIAL_SENSITIVE__Glass_Oliver_SoS_Web_Decisionredacted.pdf-these offences would undoubtedly affect public confidence in the teaching profession, ./OFFICIAL_SENSITIVE__Glass_Oliver_SoS_Web_Decisionredacted.pdf-particularly given the influence that teachers may have on pupils, parents and others in ./OFFICIAL_SENSITIVE__Glass_Oliver_SoS_Web_Decisionredacted.pdf-the community. His conduct ran counter to what should have been at the very core of his ./OFFICIAL_SENSITIVE__Glass_Oliver_SoS_Web_Decisionredacted.pdf-practice as a teacher with a duty of care towards children. By virtue of his position, Mr ./OFFICIAL_SENSITIVE__Glass_Oliver_SoS_Web_Decisionredacted.pdf-Glass was in a position of trust and responsibility in relation to Pupil A. He abused that ./OFFICIAL_SENSITIVE__Glass_Oliver_SoS_Web_Decisionredacted.pdf:position.” I am particularly mindful of the finding of a conviction related to sexual activity ./OFFICIAL_SENSITIVE__Glass_Oliver_SoS_Web_Decisionredacted.pdf-involving a vulnerable pupil in this case and the impact that such a finding has on the ./OFFICIAL_SENSITIVE__Glass_Oliver_SoS_Web_Decisionredacted.pdf-reputation of the profession. ./OFFICIAL_SENSITIVE__Glass_Oliver_SoS_Web_Decisionredacted.pdf- ./OFFICIAL_SENSITIVE__Glass_Oliver_SoS_Web_Decisionredacted.pdf-I have had to consider that the public has a high expectation of professional standards of ./OFFICIAL_SENSITIVE__Glass_Oliver_SoS_Web_Decisionredacted.pdf-all teachers and that the public might regard a failure to impose a prohibition order as a ./OFFICIAL_SENSITIVE__Glass_Oliver_SoS_Web_Decisionredacted.pdf-failure to uphold those high standards. In weighing these considerations, I have had to ./OFFICIAL_SENSITIVE__Glass_Oliver_SoS_Web_Decisionredacted.pdf-consider the matter from the point of view of an “ordinary intelligent and well-informed ./OFFICIAL_SENSITIVE__Glass_Oliver_SoS_Web_Decisionredacted.pdf-citizen.” ./OFFICIAL_SENSITIVE__Glass_Oliver_SoS_Web_Decisionredacted.pdf- ./OFFICIAL_SENSITIVE__Glass_Oliver_SoS_Web_Decisionredacted.pdf-I have considered whether the publication of a finding of unacceptable professional -- ./OFFICIAL_SENSITIVE__Glass_Oliver_SoS_Web_Decisionredacted.pdf-force. ./OFFICIAL_SENSITIVE__Glass_Oliver_SoS_Web_Decisionredacted.pdf- ./OFFICIAL_SENSITIVE__Glass_Oliver_SoS_Web_Decisionredacted.pdf-In this case, I have placed considerable weight on the panel’s comments concerning ./OFFICIAL_SENSITIVE__Glass_Oliver_SoS_Web_Decisionredacted.pdf-public and child protection issues. The panel has said, “Mr Glass' behaviour led to him ./OFFICIAL_SENSITIVE__Glass_Oliver_SoS_Web_Decisionredacted.pdf-receiving a sentence of imprisonment for a term of 22 months, which is indicative of the ./OFFICIAL_SENSITIVE__Glass_Oliver_SoS_Web_Decisionredacted.pdf-seriousness of the offence. The panel noted the following remarks from the sentencing ./OFFICIAL_SENSITIVE__Glass_Oliver_SoS_Web_Decisionredacted.pdf-judge in particular, which amply demonstrate both the seriousness of Mr Glass' actions ./OFFICIAL_SENSITIVE__Glass_Oliver_SoS_Web_Decisionredacted.pdf-and the public protection and child protection issues this gives rise to: ./OFFICIAL_SENSITIVE__Glass_Oliver_SoS_Web_Decisionredacted.pdf- ./OFFICIAL_SENSITIVE__Glass_Oliver_SoS_Web_Decisionredacted.pdf- • "… cases where it is far more serious is where a significantly older person uses ./OFFICIAL_SENSITIVE__Glass_Oliver_SoS_Web_Decisionredacted.pdf: their position of trust to have sexual relations with a child who is incredibly ./OFFICIAL_SENSITIVE__Glass_Oliver_SoS_Web_Decisionredacted.pdf- vulnerable and where the harm caused can be catastrophically life-changing and ./OFFICIAL_SENSITIVE__Glass_Oliver_SoS_Web_Decisionredacted.pdf- where the person in the position of trust knew that and went ahead and behaved ./OFFICIAL_SENSITIVE__Glass_Oliver_SoS_Web_Decisionredacted.pdf: as they did for their own sexual gratification. Those section 17 cases are far more ./OFFICIAL_SENSITIVE__Glass_Oliver_SoS_Web_Decisionredacted.pdf- serious and your case, Mr Glass, falls into that category. It actually falls into being ./OFFICIAL_SENSITIVE__Glass_Oliver_SoS_Web_Decisionredacted.pdf- one of the most serious section 17 cases that I’ve had to deal with." ./OFFICIAL_SENSITIVE__Glass_Oliver_SoS_Web_Decisionredacted.pdf- ./OFFICIAL_SENSITIVE__Glass_Oliver_SoS_Web_Decisionredacted.pdf- 17 ./OFFICIAL_SENSITIVE__Glass_Oliver_SoS_Web_Decisionredacted.pdf- -- ./OFFICIAL_SENSITIVE__Glass_Oliver_SoS_Web_Decisionredacted.pdf-I have also placed considerable weight on the finding of the panel that “His actions ./OFFICIAL_SENSITIVE__Glass_Oliver_SoS_Web_Decisionredacted.pdf:involved harm and abuse to Pupil A. Mr Glass had sexual relations with a vulnerable ./OFFICIAL_SENSITIVE__Glass_Oliver_SoS_Web_Decisionredacted.pdf:pupil, incredibly serious in and of itself. Further, the sexual acts in question involved ./OFFICIAL_SENSITIVE__Glass_Oliver_SoS_Web_Decisionredacted.pdf:aggression on his part for sexual gratification and in a manner that the Court described ./OFFICIAL_SENSITIVE__Glass_Oliver_SoS_Web_Decisionredacted.pdf-as "particularly unpleasant". ./OFFICIAL_SENSITIVE__Glass_Oliver_SoS_Web_Decisionredacted.pdf- ./OFFICIAL_SENSITIVE__Glass_Oliver_SoS_Web_Decisionredacted.pdf-I have given less weight in my consideration of sanction therefore, to the contribution that ./OFFICIAL_SENSITIVE__Glass_Oliver_SoS_Web_Decisionredacted.pdf-Mr Glass has made to the profession. In my view, it is necessary to impose a prohibition ./OFFICIAL_SENSITIVE__Glass_Oliver_SoS_Web_Decisionredacted.pdf-order in order to maintain public confidence in the profession. A published decision, in ./OFFICIAL_SENSITIVE__Glass_Oliver_SoS_Web_Decisionredacted.pdf-light of the circumstances in this case, that is not backed up by remorse and insight, does ./OFFICIAL_SENSITIVE__Glass_Oliver_SoS_Web_Decisionredacted.pdf-not in my view satisfy the public interest requirement concerning public confidence in the ./OFFICIAL_SENSITIVE__Glass_Oliver_SoS_Web_Decisionredacted.pdf-profession. ./OFFICIAL_SENSITIVE__Glass_Oliver_SoS_Web_Decisionredacted.pdf- ./OFFICIAL_SENSITIVE__Glass_Oliver_SoS_Web_Decisionredacted.pdf-For these reasons, I have concluded that a prohibition order is proportionate and in the ./OFFICIAL_SENSITIVE__Glass_Oliver_SoS_Web_Decisionredacted.pdf-public interest in order to achieve the intended aims of a prohibition order. ./OFFICIAL_SENSITIVE__Glass_Oliver_SoS_Web_Decisionredacted.pdf- ./OFFICIAL_SENSITIVE__Glass_Oliver_SoS_Web_Decisionredacted.pdf-I have gone on to consider the matter of a review period. In this case, the panel has ./OFFICIAL_SENSITIVE__Glass_Oliver_SoS_Web_Decisionredacted.pdf-recommended that no provision should be made for a review period. ./OFFICIAL_SENSITIVE__Glass_Oliver_SoS_Web_Decisionredacted.pdf- ./OFFICIAL_SENSITIVE__Glass_Oliver_SoS_Web_Decisionredacted.pdf-I have considered the panel’s comments “The panel repeats that, as someone convicted ./OFFICIAL_SENSITIVE__Glass_Oliver_SoS_Web_Decisionredacted.pdf:of having sexual activity with a vulnerable pupil in his care on 3 separate occasions, Mr ./OFFICIAL_SENSITIVE__Glass_Oliver_SoS_Web_Decisionredacted.pdf-Glass' actions are fundamentally incompatible with his being a teacher. His actions ./OFFICIAL_SENSITIVE__Glass_Oliver_SoS_Web_Decisionredacted.pdf-involved a serious breach of trust and serious harm to Pupil A and the nature and ./OFFICIAL_SENSITIVE__Glass_Oliver_SoS_Web_Decisionredacted.pdf-seriousness of the offences necessitated the prohibition order to be recommended ./OFFICIAL_SENSITIVE__Glass_Oliver_SoS_Web_Decisionredacted.pdf-without provision for a review period.” ./OFFICIAL_SENSITIVE__Glass_Oliver_SoS_Web_Decisionredacted.pdf- ./OFFICIAL_SENSITIVE__Glass_Oliver_SoS_Web_Decisionredacted.pdf-I have considered whether not allowing a review period reflects the seriousness of the ./OFFICIAL_SENSITIVE__Glass_Oliver_SoS_Web_Decisionredacted.pdf-findings and is a proportionate period to achieve the aim of maintaining public confidence ./OFFICIAL_SENSITIVE__Glass_Oliver_SoS_Web_Decisionredacted.pdf-in the profession. In this case, factors mean that allowing a review period is not sufficient ./OFFICIAL_SENSITIVE__Glass_Oliver_SoS_Web_Decisionredacted.pdf-to achieve the aim of maintaining public confidence in the profession. These elements ./OFFICIAL_SENSITIVE__Glass_Oliver_SoS_Web_Decisionredacted.pdf-are the serious nature of the offence, and the lack of insight and remorse. ./OFFICIAL_SENSITIVE__Mr_Joshua_Reed__18480__-_SoS_Decision_Web_Decision.pdf.pdf- v) Kissed her; ./OFFICIAL_SENSITIVE__Mr_Joshua_Reed__18480__-_SoS_Decision_Web_Decision.pdf.pdf- ./OFFICIAL_SENSITIVE__Mr_Joshua_Reed__18480__-_SoS_Decision_Web_Decision.pdf.pdf- c) In or around September 2014 he: ./OFFICIAL_SENSITIVE__Mr_Joshua_Reed__18480__-_SoS_Decision_Web_Decision.pdf.pdf- ./OFFICIAL_SENSITIVE__Mr_Joshua_Reed__18480__-_SoS_Decision_Web_Decision.pdf.pdf- i) Collected Pupil A from her home in your car; ./OFFICIAL_SENSITIVE__Mr_Joshua_Reed__18480__-_SoS_Decision_Web_Decision.pdf.pdf- ./OFFICIAL_SENSITIVE__Mr_Joshua_Reed__18480__-_SoS_Decision_Web_Decision.pdf.pdf- ii) Touched her leg; ./OFFICIAL_SENSITIVE__Mr_Joshua_Reed__18480__-_SoS_Decision_Web_Decision.pdf.pdf- ./OFFICIAL_SENSITIVE__Mr_Joshua_Reed__18480__-_SoS_Decision_Web_Decision.pdf.pdf- iii) Kissed her; ./OFFICIAL_SENSITIVE__Mr_Joshua_Reed__18480__-_SoS_Decision_Web_Decision.pdf.pdf- ./OFFICIAL_SENSITIVE__Mr_Joshua_Reed__18480__-_SoS_Decision_Web_Decision.pdf.pdf: iv) Engaged in sexual activity with her; ./OFFICIAL_SENSITIVE__Mr_Joshua_Reed__18480__-_SoS_Decision_Web_Decision.pdf.pdf- ./OFFICIAL_SENSITIVE__Mr_Joshua_Reed__18480__-_SoS_Decision_Web_Decision.pdf.pdf- d) In or around October 2015 he: ./OFFICIAL_SENSITIVE__Mr_Joshua_Reed__18480__-_SoS_Decision_Web_Decision.pdf.pdf- ./OFFICIAL_SENSITIVE__Mr_Joshua_Reed__18480__-_SoS_Decision_Web_Decision.pdf.pdf- i) Directed Pupil A to drive him to local woods; ./OFFICIAL_SENSITIVE__Mr_Joshua_Reed__18480__-_SoS_Decision_Web_Decision.pdf.pdf- ./OFFICIAL_SENSITIVE__Mr_Joshua_Reed__18480__-_SoS_Decision_Web_Decision.pdf.pdf- ii) Touched her leg; ./OFFICIAL_SENSITIVE__Mr_Joshua_Reed__18480__-_SoS_Decision_Web_Decision.pdf.pdf- ./OFFICIAL_SENSITIVE__Mr_Joshua_Reed__18480__-_SoS_Decision_Web_Decision.pdf.pdf- ./OFFICIAL_SENSITIVE__Mr_Joshua_Reed__18480__-_SoS_Decision_Web_Decision.pdf.pdf- 4 ./OFFICIAL_SENSITIVE__Mr_Joshua_Reed__18480__-_SoS_Decision_Web_Decision.pdf.pdf- -- ./OFFICIAL_SENSITIVE__Mr_Joshua_Reed__18480__-_SoS_Decision_Web_Decision.pdf.pdf- iii) Kissed her; ./OFFICIAL_SENSITIVE__Mr_Joshua_Reed__18480__-_SoS_Decision_Web_Decision.pdf.pdf- ./OFFICIAL_SENSITIVE__Mr_Joshua_Reed__18480__-_SoS_Decision_Web_Decision.pdf.pdf: iv) Engaged in sexual activity with her; ./OFFICIAL_SENSITIVE__Mr_Joshua_Reed__18480__-_SoS_Decision_Web_Decision.pdf.pdf- ./OFFICIAL_SENSITIVE__Mr_Joshua_Reed__18480__-_SoS_Decision_Web_Decision.pdf.pdf- e) In or around April 2015 he: ./OFFICIAL_SENSITIVE__Mr_Joshua_Reed__18480__-_SoS_Decision_Web_Decision.pdf.pdf- ./OFFICIAL_SENSITIVE__Mr_Joshua_Reed__18480__-_SoS_Decision_Web_Decision.pdf.pdf- i) Drove Pupil A to a country lane; ./OFFICIAL_SENSITIVE__Mr_Joshua_Reed__18480__-_SoS_Decision_Web_Decision.pdf.pdf- ./OFFICIAL_SENSITIVE__Mr_Joshua_Reed__18480__-_SoS_Decision_Web_Decision.pdf.pdf: ii) Engaged in sexual activity with her; ./OFFICIAL_SENSITIVE__Mr_Joshua_Reed__18480__-_SoS_Decision_Web_Decision.pdf.pdf- ./OFFICIAL_SENSITIVE__Mr_Joshua_Reed__18480__-_SoS_Decision_Web_Decision.pdf.pdf: f) Engaged in sexual activity with her on one or more occasions in or around August ./OFFICIAL_SENSITIVE__Mr_Joshua_Reed__18480__-_SoS_Decision_Web_Decision.pdf.pdf- 2015; ./OFFICIAL_SENSITIVE__Mr_Joshua_Reed__18480__-_SoS_Decision_Web_Decision.pdf.pdf- ./OFFICIAL_SENSITIVE__Mr_Joshua_Reed__18480__-_SoS_Decision_Web_Decision.pdf.pdf- g) Exchanged inappropriate electronic messages with her including: ./OFFICIAL_SENSITIVE__Mr_Joshua_Reed__18480__-_SoS_Decision_Web_Decision.pdf.pdf- ./OFFICIAL_SENSITIVE__Mr_Joshua_Reed__18480__-_SoS_Decision_Web_Decision.pdf.pdf- i) Discussion of drinking alcohol and/or Pupil A being drunk; ./OFFICIAL_SENSITIVE__Mr_Joshua_Reed__18480__-_SoS_Decision_Web_Decision.pdf.pdf- ./OFFICIAL_SENSITIVE__Mr_Joshua_Reed__18480__-_SoS_Decision_Web_Decision.pdf.pdf- ii) Discussion of Pupil A using his hot-tub whilst naked; ./OFFICIAL_SENSITIVE__Mr_Joshua_Reed__18480__-_SoS_Decision_Web_Decision.pdf.pdf- ./OFFICIAL_SENSITIVE__Mr_Joshua_Reed__18480__-_SoS_Decision_Web_Decision.pdf.pdf- iii) Discussion of looking at her bottom whilst she was wearing a leotard; ./OFFICIAL_SENSITIVE__Mr_Joshua_Reed__18480__-_SoS_Decision_Web_Decision.pdf.pdf- ./OFFICIAL_SENSITIVE__Mr_Joshua_Reed__18480__-_SoS_Decision_Web_Decision.pdf.pdf- iv) Requesting that Pupil A send him an image of herself whilst she was drunk; ./OFFICIAL_SENSITIVE__Mr_Joshua_Reed__18480__-_SoS_Decision_Web_Decision.pdf.pdf- ./OFFICIAL_SENSITIVE__Mr_Joshua_Reed__18480__-_SoS_Decision_Web_Decision.pdf.pdf- v) Requesting that Pupil A send a further image with her top pulled down and/or ./OFFICIAL_SENSITIVE__Mr_Joshua_Reed__18480__-_SoS_Decision_Web_Decision.pdf.pdf- whilst not wearing a bra whilst she was drunk; ./OFFICIAL_SENSITIVE__Mr_Joshua_Reed__18480__-_SoS_Decision_Web_Decision.pdf.pdf- ./OFFICIAL_SENSITIVE__Mr_Joshua_Reed__18480__-_SoS_Decision_Web_Decision.pdf.pdf: vi) Discussion about sexual activity between Pupil A and himself; ./OFFICIAL_SENSITIVE__Mr_Joshua_Reed__18480__-_SoS_Decision_Web_Decision.pdf.pdf- ./OFFICIAL_SENSITIVE__Mr_Joshua_Reed__18480__-_SoS_Decision_Web_Decision.pdf.pdf: vii) Stating “it definitely will” with reference to whether sexual activity would take ./OFFICIAL_SENSITIVE__Mr_Joshua_Reed__18480__-_SoS_Decision_Web_Decision.pdf.pdf- place between Pupil A and yourself; ./OFFICIAL_SENSITIVE__Mr_Joshua_Reed__18480__-_SoS_Decision_Web_Decision.pdf.pdf- ./OFFICIAL_SENSITIVE__Mr_Joshua_Reed__18480__-_SoS_Decision_Web_Decision.pdf.pdf-2) At an investigation meeting on 1 September 2014 concerning his conduct towards ./OFFICIAL_SENSITIVE__Mr_Joshua_Reed__18480__-_SoS_Decision_Web_Decision.pdf.pdf- Pupil A as detailed at Allegation 1(b) he: ./OFFICIAL_SENSITIVE__Mr_Joshua_Reed__18480__-_SoS_Decision_Web_Decision.pdf.pdf- ./OFFICIAL_SENSITIVE__Mr_Joshua_Reed__18480__-_SoS_Decision_Web_Decision.pdf.pdf- a) Failed to mention his conduct as may be found proven at Allegation 1(a); ./OFFICIAL_SENSITIVE__Mr_Joshua_Reed__18480__-_SoS_Decision_Web_Decision.pdf.pdf- ./OFFICIAL_SENSITIVE__Mr_Joshua_Reed__18480__-_SoS_Decision_Web_Decision.pdf.pdf- b) Failed to mention his conduct as may be found proven at Allegation 1(g); ./OFFICIAL_SENSITIVE__Mr_Joshua_Reed__18480__-_SoS_Decision_Web_Decision.pdf.pdf- ./OFFICIAL_SENSITIVE__Mr_Joshua_Reed__18480__-_SoS_Decision_Web_Decision.pdf.pdf- c) Stated that he had not exchanged mobile telephone numbers with Pupil A when in -- ./OFFICIAL_SENSITIVE__Mr_Joshua_Reed__18480__-_SoS_Decision_Web_Decision.pdf.pdf- e) Instructing Pupil A not to attend a play at the school campus on or around 21 July ./OFFICIAL_SENSITIVE__Mr_Joshua_Reed__18480__-_SoS_Decision_Web_Decision.pdf.pdf- 2014 following the events outlined at Allegation 1(b) above; ./OFFICIAL_SENSITIVE__Mr_Joshua_Reed__18480__-_SoS_Decision_Web_Decision.pdf.pdf- ./OFFICIAL_SENSITIVE__Mr_Joshua_Reed__18480__-_SoS_Decision_Web_Decision.pdf.pdf-4) His conduct as may be found proven at Allegation 1(c)-(g) was notwithstanding written ./OFFICIAL_SENSITIVE__Mr_Joshua_Reed__18480__-_SoS_Decision_Web_Decision.pdf.pdf- advice issued to him on or around 3rd September 2014 to the effect that: ./OFFICIAL_SENSITIVE__Mr_Joshua_Reed__18480__-_SoS_Decision_Web_Decision.pdf.pdf- ./OFFICIAL_SENSITIVE__Mr_Joshua_Reed__18480__-_SoS_Decision_Web_Decision.pdf.pdf- a) He should not be alone with Pupil A; ./OFFICIAL_SENSITIVE__Mr_Joshua_Reed__18480__-_SoS_Decision_Web_Decision.pdf.pdf- ./OFFICIAL_SENSITIVE__Mr_Joshua_Reed__18480__-_SoS_Decision_Web_Decision.pdf.pdf- b) He should not exchange mobile numbers with Pupil A; ./OFFICIAL_SENSITIVE__Mr_Joshua_Reed__18480__-_SoS_Decision_Web_Decision.pdf.pdf- ./OFFICIAL_SENSITIVE__Mr_Joshua_Reed__18480__-_SoS_Decision_Web_Decision.pdf.pdf:5) His conduct as may be found proven at Allegation (1) was conduct of a sexual nature ./OFFICIAL_SENSITIVE__Mr_Joshua_Reed__18480__-_SoS_Decision_Web_Decision.pdf.pdf: and/or was sexually motivated; ./OFFICIAL_SENSITIVE__Mr_Joshua_Reed__18480__-_SoS_Decision_Web_Decision.pdf.pdf- ./OFFICIAL_SENSITIVE__Mr_Joshua_Reed__18480__-_SoS_Decision_Web_Decision.pdf.pdf-6) His conduct as may be found proven at Allegation 2(d)(iv) and (3) was dishonest ./OFFICIAL_SENSITIVE__Mr_Joshua_Reed__18480__-_SoS_Decision_Web_Decision.pdf.pdf- and/or lacked integrity. ./OFFICIAL_SENSITIVE__Mr_Joshua_Reed__18480__-_SoS_Decision_Web_Decision.pdf.pdf- ./OFFICIAL_SENSITIVE__Mr_Joshua_Reed__18480__-_SoS_Decision_Web_Decision.pdf.pdf-Mr Reed admits the facts. ./OFFICIAL_SENSITIVE__Mr_Joshua_Reed__18480__-_SoS_Decision_Web_Decision.pdf.pdf- ./OFFICIAL_SENSITIVE__Mr_Joshua_Reed__18480__-_SoS_Decision_Web_Decision.pdf.pdf-Mr Reed admits of unacceptable professional conduct and/or conduct that may bring the ./OFFICIAL_SENSITIVE__Mr_Joshua_Reed__18480__-_SoS_Decision_Web_Decision.pdf.pdf-profession into disrepute. ./OFFICIAL_SENSITIVE__Mr_Joshua_Reed__18480__-_SoS_Decision_Web_Decision.pdf.pdf- ./OFFICIAL_SENSITIVE__Mr_Joshua_Reed__18480__-_SoS_Decision_Web_Decision.pdf.pdf- -- ./OFFICIAL_SENSITIVE__Mr_Joshua_Reed__18480__-_SoS_Decision_Web_Decision.pdf.pdf-The panel carefully considered the case and reached a decision. ./OFFICIAL_SENSITIVE__Mr_Joshua_Reed__18480__-_SoS_Decision_Web_Decision.pdf.pdf- ./OFFICIAL_SENSITIVE__Mr_Joshua_Reed__18480__-_SoS_Decision_Web_Decision.pdf.pdf-In advance of the meeting, the TRA agreed to a request from Mr Reed for the allegations ./OFFICIAL_SENSITIVE__Mr_Joshua_Reed__18480__-_SoS_Decision_Web_Decision.pdf.pdf-to be considered without a hearing. The panel had the ability to direct that the case be ./OFFICIAL_SENSITIVE__Mr_Joshua_Reed__18480__-_SoS_Decision_Web_Decision.pdf.pdf-considered at a hearing if required in the interests of justice or in the public interest. The ./OFFICIAL_SENSITIVE__Mr_Joshua_Reed__18480__-_SoS_Decision_Web_Decision.pdf.pdf-panel did not determine that such a direction was necessary or appropriate in this case. ./OFFICIAL_SENSITIVE__Mr_Joshua_Reed__18480__-_SoS_Decision_Web_Decision.pdf.pdf- ./OFFICIAL_SENSITIVE__Mr_Joshua_Reed__18480__-_SoS_Decision_Web_Decision.pdf.pdf-Mr Reed was first employed as a music teacher at Haven High Academy (the School) in ./OFFICIAL_SENSITIVE__Mr_Joshua_Reed__18480__-_SoS_Decision_Web_Decision.pdf.pdf-2010. From 1 September 2016 until his dismissal on 21 March 2019, he was assistant ./OFFICIAL_SENSITIVE__Mr_Joshua_Reed__18480__-_SoS_Decision_Web_Decision.pdf.pdf-head of the music faculty. It is alleged that between March 2014 and April 2015, he ./OFFICIAL_SENSITIVE__Mr_Joshua_Reed__18480__-_SoS_Decision_Web_Decision.pdf.pdf:developed an inappropriate personal and sexual relationship with Pupil A [redacted]. ./OFFICIAL_SENSITIVE__Mr_Joshua_Reed__18480__-_SoS_Decision_Web_Decision.pdf.pdf- ./OFFICIAL_SENSITIVE__Mr_Joshua_Reed__18480__-_SoS_Decision_Web_Decision.pdf.pdf-In the course of that relationship, he exchanged multiple electronic messages with her of ./OFFICIAL_SENSITIVE__Mr_Joshua_Reed__18480__-_SoS_Decision_Web_Decision.pdf.pdf:a personal and sexual nature, and they engaged in sexual activity on a number of ./OFFICIAL_SENSITIVE__Mr_Joshua_Reed__18480__-_SoS_Decision_Web_Decision.pdf.pdf-occasions. This was outside school premises and hours. Mr Reed and/or Pupil A had ./OFFICIAL_SENSITIVE__Mr_Joshua_Reed__18480__-_SoS_Decision_Web_Decision.pdf.pdf-consumed alcohol, sometimes to excess, on some of the occasions when the messaging ./OFFICIAL_SENSITIVE__Mr_Joshua_Reed__18480__-_SoS_Decision_Web_Decision.pdf.pdf:and/or sexual activity took place. ./OFFICIAL_SENSITIVE__Mr_Joshua_Reed__18480__-_SoS_Decision_Web_Decision.pdf.pdf- ./OFFICIAL_SENSITIVE__Mr_Joshua_Reed__18480__-_SoS_Decision_Web_Decision.pdf.pdf-After a school social event in July 2014, while at a pub with other members of staff and ./OFFICIAL_SENSITIVE__Mr_Joshua_Reed__18480__-_SoS_Decision_Web_Decision.pdf.pdf-pupils, another member of staff witnessed Mr Reed kissing Pupil A and reported this. The ./OFFICIAL_SENSITIVE__Mr_Joshua_Reed__18480__-_SoS_Decision_Web_Decision.pdf.pdf- ./OFFICIAL_SENSITIVE__Mr_Joshua_Reed__18480__-_SoS_Decision_Web_Decision.pdf.pdf- 7 ./OFFICIAL_SENSITIVE__Mr_Joshua_Reed__18480__-_SoS_Decision_Web_Decision.pdf.pdf- -- ./OFFICIAL_SENSITIVE__Mr_Joshua_Reed__18480__-_SoS_Decision_Web_Decision.pdf.pdf-School carried out an internal investigation in September 2014. It is alleged that during ./OFFICIAL_SENSITIVE__Mr_Joshua_Reed__18480__-_SoS_Decision_Web_Decision.pdf.pdf-this internal investigation, Mr Reed failed to provide all relevant information about the ./OFFICIAL_SENSITIVE__Mr_Joshua_Reed__18480__-_SoS_Decision_Web_Decision.pdf.pdf-relationship, and that generally, he sought to conceal its full extent. He also sought to ./OFFICIAL_SENSITIVE__Mr_Joshua_Reed__18480__-_SoS_Decision_Web_Decision.pdf.pdf-conceal the relationship by instructing Pupil A to cover it up. His conduct in this regard is ./OFFICIAL_SENSITIVE__Mr_Joshua_Reed__18480__-_SoS_Decision_Web_Decision.pdf.pdf-alleged to be dishonest. ./OFFICIAL_SENSITIVE__Mr_Joshua_Reed__18480__-_SoS_Decision_Web_Decision.pdf.pdf- ./OFFICIAL_SENSITIVE__Mr_Joshua_Reed__18480__-_SoS_Decision_Web_Decision.pdf.pdf-It is also alleged that following that internal investigation, he failed to comply with advice ./OFFICIAL_SENSITIVE__Mr_Joshua_Reed__18480__-_SoS_Decision_Web_Decision.pdf.pdf-issued to him in September 2014 about how to maintain a professional relationship with ./OFFICIAL_SENSITIVE__Mr_Joshua_Reed__18480__-_SoS_Decision_Web_Decision.pdf.pdf:Pupil A and continued to have an inappropriate personal and sexual relationship with her. ./OFFICIAL_SENSITIVE__Mr_Joshua_Reed__18480__-_SoS_Decision_Web_Decision.pdf.pdf- ./OFFICIAL_SENSITIVE__Mr_Joshua_Reed__18480__-_SoS_Decision_Web_Decision.pdf.pdf-Findings of fact ./OFFICIAL_SENSITIVE__Mr_Joshua_Reed__18480__-_SoS_Decision_Web_Decision.pdf.pdf- ./OFFICIAL_SENSITIVE__Mr_Joshua_Reed__18480__-_SoS_Decision_Web_Decision.pdf.pdf-The findings of fact are as follows: ./OFFICIAL_SENSITIVE__Mr_Joshua_Reed__18480__-_SoS_Decision_Web_Decision.pdf.pdf- ./OFFICIAL_SENSITIVE__Mr_Joshua_Reed__18480__-_SoS_Decision_Web_Decision.pdf.pdf-The panel found the following particulars of the allegations against you proved, for these ./OFFICIAL_SENSITIVE__Mr_Joshua_Reed__18480__-_SoS_Decision_Web_Decision.pdf.pdf-reasons: ./OFFICIAL_SENSITIVE__Mr_Joshua_Reed__18480__-_SoS_Decision_Web_Decision.pdf.pdf- ./OFFICIAL_SENSITIVE__Mr_Joshua_Reed__18480__-_SoS_Decision_Web_Decision.pdf.pdf-Whilst working as a teacher at the School, you: ./OFFICIAL_SENSITIVE__Mr_Joshua_Reed__18480__-_SoS_Decision_Web_Decision.pdf.pdf- -- ./OFFICIAL_SENSITIVE__Mr_Joshua_Reed__18480__-_SoS_Decision_Web_Decision.pdf.pdf-proved. ./OFFICIAL_SENSITIVE__Mr_Joshua_Reed__18480__-_SoS_Decision_Web_Decision.pdf.pdf- ./OFFICIAL_SENSITIVE__Mr_Joshua_Reed__18480__-_SoS_Decision_Web_Decision.pdf.pdf- c) In or around September 2014 you: ./OFFICIAL_SENSITIVE__Mr_Joshua_Reed__18480__-_SoS_Decision_Web_Decision.pdf.pdf- ./OFFICIAL_SENSITIVE__Mr_Joshua_Reed__18480__-_SoS_Decision_Web_Decision.pdf.pdf- i) Collected Pupil A from her home in your car; ./OFFICIAL_SENSITIVE__Mr_Joshua_Reed__18480__-_SoS_Decision_Web_Decision.pdf.pdf- ./OFFICIAL_SENSITIVE__Mr_Joshua_Reed__18480__-_SoS_Decision_Web_Decision.pdf.pdf- ii) Touched her leg; ./OFFICIAL_SENSITIVE__Mr_Joshua_Reed__18480__-_SoS_Decision_Web_Decision.pdf.pdf- ./OFFICIAL_SENSITIVE__Mr_Joshua_Reed__18480__-_SoS_Decision_Web_Decision.pdf.pdf- iii) Kissed her; ./OFFICIAL_SENSITIVE__Mr_Joshua_Reed__18480__-_SoS_Decision_Web_Decision.pdf.pdf- ./OFFICIAL_SENSITIVE__Mr_Joshua_Reed__18480__-_SoS_Decision_Web_Decision.pdf.pdf: iv) Engaged in sexual activity with her; ./OFFICIAL_SENSITIVE__Mr_Joshua_Reed__18480__-_SoS_Decision_Web_Decision.pdf.pdf- ./OFFICIAL_SENSITIVE__Mr_Joshua_Reed__18480__-_SoS_Decision_Web_Decision.pdf.pdf-These allegations were admitted unequivocally by Mr Reed. They were also supported ./OFFICIAL_SENSITIVE__Mr_Joshua_Reed__18480__-_SoS_Decision_Web_Decision.pdf.pdf-by evidence presented to the panel within the bundle. The panel therefore found them ./OFFICIAL_SENSITIVE__Mr_Joshua_Reed__18480__-_SoS_Decision_Web_Decision.pdf.pdf-proved. ./OFFICIAL_SENSITIVE__Mr_Joshua_Reed__18480__-_SoS_Decision_Web_Decision.pdf.pdf- ./OFFICIAL_SENSITIVE__Mr_Joshua_Reed__18480__-_SoS_Decision_Web_Decision.pdf.pdf- d) In or around October 2015 you: ./OFFICIAL_SENSITIVE__Mr_Joshua_Reed__18480__-_SoS_Decision_Web_Decision.pdf.pdf- ./OFFICIAL_SENSITIVE__Mr_Joshua_Reed__18480__-_SoS_Decision_Web_Decision.pdf.pdf- i) Directed Pupil A to drive you to local woods; ./OFFICIAL_SENSITIVE__Mr_Joshua_Reed__18480__-_SoS_Decision_Web_Decision.pdf.pdf- ./OFFICIAL_SENSITIVE__Mr_Joshua_Reed__18480__-_SoS_Decision_Web_Decision.pdf.pdf- ii) Touched her leg; ./OFFICIAL_SENSITIVE__Mr_Joshua_Reed__18480__-_SoS_Decision_Web_Decision.pdf.pdf- ./OFFICIAL_SENSITIVE__Mr_Joshua_Reed__18480__-_SoS_Decision_Web_Decision.pdf.pdf- iii) Kissed her; ./OFFICIAL_SENSITIVE__Mr_Joshua_Reed__18480__-_SoS_Decision_Web_Decision.pdf.pdf- ./OFFICIAL_SENSITIVE__Mr_Joshua_Reed__18480__-_SoS_Decision_Web_Decision.pdf.pdf: iv) Engaged in sexual activity with her; ./OFFICIAL_SENSITIVE__Mr_Joshua_Reed__18480__-_SoS_Decision_Web_Decision.pdf.pdf- ./OFFICIAL_SENSITIVE__Mr_Joshua_Reed__18480__-_SoS_Decision_Web_Decision.pdf.pdf-These allegations were admitted unequivocally by Mr Reed. They were also supported ./OFFICIAL_SENSITIVE__Mr_Joshua_Reed__18480__-_SoS_Decision_Web_Decision.pdf.pdf-by evidence presented to the panel within the bundle. The panel therefore found them ./OFFICIAL_SENSITIVE__Mr_Joshua_Reed__18480__-_SoS_Decision_Web_Decision.pdf.pdf-proved. ./OFFICIAL_SENSITIVE__Mr_Joshua_Reed__18480__-_SoS_Decision_Web_Decision.pdf.pdf- ./OFFICIAL_SENSITIVE__Mr_Joshua_Reed__18480__-_SoS_Decision_Web_Decision.pdf.pdf- e) In or around April 2015 you: ./OFFICIAL_SENSITIVE__Mr_Joshua_Reed__18480__-_SoS_Decision_Web_Decision.pdf.pdf- ./OFFICIAL_SENSITIVE__Mr_Joshua_Reed__18480__-_SoS_Decision_Web_Decision.pdf.pdf- i) Drove Pupil A to a country lane; ./OFFICIAL_SENSITIVE__Mr_Joshua_Reed__18480__-_SoS_Decision_Web_Decision.pdf.pdf- ./OFFICIAL_SENSITIVE__Mr_Joshua_Reed__18480__-_SoS_Decision_Web_Decision.pdf.pdf: ii) Engaged in sexual activity with her; ./OFFICIAL_SENSITIVE__Mr_Joshua_Reed__18480__-_SoS_Decision_Web_Decision.pdf.pdf- ./OFFICIAL_SENSITIVE__Mr_Joshua_Reed__18480__-_SoS_Decision_Web_Decision.pdf.pdf-These allegations were admitted unequivocally by Mr Reed. They were also supported ./OFFICIAL_SENSITIVE__Mr_Joshua_Reed__18480__-_SoS_Decision_Web_Decision.pdf.pdf-by evidence presented to the panel within the bundle. The panel therefore found them ./OFFICIAL_SENSITIVE__Mr_Joshua_Reed__18480__-_SoS_Decision_Web_Decision.pdf.pdf-proved. ./OFFICIAL_SENSITIVE__Mr_Joshua_Reed__18480__-_SoS_Decision_Web_Decision.pdf.pdf- ./OFFICIAL_SENSITIVE__Mr_Joshua_Reed__18480__-_SoS_Decision_Web_Decision.pdf.pdf: f) Engaged in sexual activity with her on one or more occasions in or around ./OFFICIAL_SENSITIVE__Mr_Joshua_Reed__18480__-_SoS_Decision_Web_Decision.pdf.pdf- August 2015; ./OFFICIAL_SENSITIVE__Mr_Joshua_Reed__18480__-_SoS_Decision_Web_Decision.pdf.pdf- ./OFFICIAL_SENSITIVE__Mr_Joshua_Reed__18480__-_SoS_Decision_Web_Decision.pdf.pdf- ./OFFICIAL_SENSITIVE__Mr_Joshua_Reed__18480__-_SoS_Decision_Web_Decision.pdf.pdf- ./OFFICIAL_SENSITIVE__Mr_Joshua_Reed__18480__-_SoS_Decision_Web_Decision.pdf.pdf- ./OFFICIAL_SENSITIVE__Mr_Joshua_Reed__18480__-_SoS_Decision_Web_Decision.pdf.pdf- 9 ./OFFICIAL_SENSITIVE__Mr_Joshua_Reed__18480__-_SoS_Decision_Web_Decision.pdf.pdf- -- ./OFFICIAL_SENSITIVE__Mr_Joshua_Reed__18480__-_SoS_Decision_Web_Decision.pdf.pdf- ii) Discussion of Pupil A using your hot-tub whilst naked; ./OFFICIAL_SENSITIVE__Mr_Joshua_Reed__18480__-_SoS_Decision_Web_Decision.pdf.pdf- ./OFFICIAL_SENSITIVE__Mr_Joshua_Reed__18480__-_SoS_Decision_Web_Decision.pdf.pdf- iii) Discussion of looking at her bottom whilst she was wearing a leotard; ./OFFICIAL_SENSITIVE__Mr_Joshua_Reed__18480__-_SoS_Decision_Web_Decision.pdf.pdf- ./OFFICIAL_SENSITIVE__Mr_Joshua_Reed__18480__-_SoS_Decision_Web_Decision.pdf.pdf- iv) Requesting that Pupil A send you an image of herself whilst she was ./OFFICIAL_SENSITIVE__Mr_Joshua_Reed__18480__-_SoS_Decision_Web_Decision.pdf.pdf- drunk; ./OFFICIAL_SENSITIVE__Mr_Joshua_Reed__18480__-_SoS_Decision_Web_Decision.pdf.pdf- ./OFFICIAL_SENSITIVE__Mr_Joshua_Reed__18480__-_SoS_Decision_Web_Decision.pdf.pdf- v) Requesting that Pupil A send a further image with her top pulled down ./OFFICIAL_SENSITIVE__Mr_Joshua_Reed__18480__-_SoS_Decision_Web_Decision.pdf.pdf- and/or whilst not wearing a bra whilst she was drunk; ./OFFICIAL_SENSITIVE__Mr_Joshua_Reed__18480__-_SoS_Decision_Web_Decision.pdf.pdf- ./OFFICIAL_SENSITIVE__Mr_Joshua_Reed__18480__-_SoS_Decision_Web_Decision.pdf.pdf: vi) Discussion about sexual activity between Pupil A and yourself; ./OFFICIAL_SENSITIVE__Mr_Joshua_Reed__18480__-_SoS_Decision_Web_Decision.pdf.pdf- ./OFFICIAL_SENSITIVE__Mr_Joshua_Reed__18480__-_SoS_Decision_Web_Decision.pdf.pdf: vii) Stating “it definitely will” with reference to whether sexual activity would ./OFFICIAL_SENSITIVE__Mr_Joshua_Reed__18480__-_SoS_Decision_Web_Decision.pdf.pdf- take place between Pupil A and yourself; ./OFFICIAL_SENSITIVE__Mr_Joshua_Reed__18480__-_SoS_Decision_Web_Decision.pdf.pdf- ./OFFICIAL_SENSITIVE__Mr_Joshua_Reed__18480__-_SoS_Decision_Web_Decision.pdf.pdf-These allegations were admitted unequivocally by Mr Reed. They were also supported ./OFFICIAL_SENSITIVE__Mr_Joshua_Reed__18480__-_SoS_Decision_Web_Decision.pdf.pdf-by evidence presented to the panel within the bundle. The panel therefore found them ./OFFICIAL_SENSITIVE__Mr_Joshua_Reed__18480__-_SoS_Decision_Web_Decision.pdf.pdf-proved. ./OFFICIAL_SENSITIVE__Mr_Joshua_Reed__18480__-_SoS_Decision_Web_Decision.pdf.pdf- ./OFFICIAL_SENSITIVE__Mr_Joshua_Reed__18480__-_SoS_Decision_Web_Decision.pdf.pdf-2) At an investigation meeting on 1 September 2014 concerning your conduct ./OFFICIAL_SENSITIVE__Mr_Joshua_Reed__18480__-_SoS_Decision_Web_Decision.pdf.pdf- towards Pupil A as detailed at Allegation 1(b) you: ./OFFICIAL_SENSITIVE__Mr_Joshua_Reed__18480__-_SoS_Decision_Web_Decision.pdf.pdf- ./OFFICIAL_SENSITIVE__Mr_Joshua_Reed__18480__-_SoS_Decision_Web_Decision.pdf.pdf- a) Failed to mention your conduct as may be found proven at Allegation 1(a); -- ./OFFICIAL_SENSITIVE__Mr_Joshua_Reed__18480__-_SoS_Decision_Web_Decision.pdf.pdf:5) Your conduct as may be found proven at Allegation (1) was conduct of a sexual ./OFFICIAL_SENSITIVE__Mr_Joshua_Reed__18480__-_SoS_Decision_Web_Decision.pdf.pdf: nature and/or was sexually motivated; ./OFFICIAL_SENSITIVE__Mr_Joshua_Reed__18480__-_SoS_Decision_Web_Decision.pdf.pdf- ./OFFICIAL_SENSITIVE__Mr_Joshua_Reed__18480__-_SoS_Decision_Web_Decision.pdf.pdf-These allegations were admitted unequivocally by Mr Reed. They were also supported ./OFFICIAL_SENSITIVE__Mr_Joshua_Reed__18480__-_SoS_Decision_Web_Decision.pdf.pdf-by evidence presented to the panel within the bundle. The panel therefore found them ./OFFICIAL_SENSITIVE__Mr_Joshua_Reed__18480__-_SoS_Decision_Web_Decision.pdf.pdf:proved. The conduct admitted involved the exchange of messages about sexual activity ./OFFICIAL_SENSITIVE__Mr_Joshua_Reed__18480__-_SoS_Decision_Web_Decision.pdf.pdf:and sexual activity itself. The panel concluded that the written evidence supported the ./OFFICIAL_SENSITIVE__Mr_Joshua_Reed__18480__-_SoS_Decision_Web_Decision.pdf.pdf:allegation that Mr Reed was motivated by his own sexual gratification. ./OFFICIAL_SENSITIVE__Mr_Joshua_Reed__18480__-_SoS_Decision_Web_Decision.pdf.pdf- ./OFFICIAL_SENSITIVE__Mr_Joshua_Reed__18480__-_SoS_Decision_Web_Decision.pdf.pdf-6) Your conduct as may be found proven at Allegation 2(d)(iv) and (3) was ./OFFICIAL_SENSITIVE__Mr_Joshua_Reed__18480__-_SoS_Decision_Web_Decision.pdf.pdf- dishonest and/or lacked integrity. ./OFFICIAL_SENSITIVE__Mr_Joshua_Reed__18480__-_SoS_Decision_Web_Decision.pdf.pdf- ./OFFICIAL_SENSITIVE__Mr_Joshua_Reed__18480__-_SoS_Decision_Web_Decision.pdf.pdf-These allegations were admitted and were supported by evidence presented to the panel ./OFFICIAL_SENSITIVE__Mr_Joshua_Reed__18480__-_SoS_Decision_Web_Decision.pdf.pdf-within the bundle, the allegations were therefore found proved. The panel was satisfied ./OFFICIAL_SENSITIVE__Mr_Joshua_Reed__18480__-_SoS_Decision_Web_Decision.pdf.pdf-that on the facts as Mr Reed knew them to be, an ordinary decent member of the public ./OFFICIAL_SENSITIVE__Mr_Joshua_Reed__18480__-_SoS_Decision_Web_Decision.pdf.pdf-would consider his behaviour to be dishonest. It also lacked integrity, falling below the ./OFFICIAL_SENSITIVE__Mr_Joshua_Reed__18480__-_SoS_Decision_Web_Decision.pdf.pdf-standards expected of teachers by the public and the profession. ./OFFICIAL_SENSITIVE__Mr_Joshua_Reed__18480__-_SoS_Decision_Web_Decision.pdf.pdf- -- ./OFFICIAL_SENSITIVE__Mr_Joshua_Reed__18480__-_SoS_Decision_Web_Decision.pdf.pdf-  Teachers must have an understanding of, and always act within, the statutory ./OFFICIAL_SENSITIVE__Mr_Joshua_Reed__18480__-_SoS_Decision_Web_Decision.pdf.pdf- frameworks which set out their professional duties and responsibilities. ./OFFICIAL_SENSITIVE__Mr_Joshua_Reed__18480__-_SoS_Decision_Web_Decision.pdf.pdf- ./OFFICIAL_SENSITIVE__Mr_Joshua_Reed__18480__-_SoS_Decision_Web_Decision.pdf.pdf-The panel was satisfied that the conduct of Mr Reed fell significantly short of the ./OFFICIAL_SENSITIVE__Mr_Joshua_Reed__18480__-_SoS_Decision_Web_Decision.pdf.pdf-standards expected of the profession. He took advantage of one of his pupils by ./OFFICIAL_SENSITIVE__Mr_Joshua_Reed__18480__-_SoS_Decision_Web_Decision.pdf.pdf:developing a sexual relationship with her. This included sexual conduct and activity when ./OFFICIAL_SENSITIVE__Mr_Joshua_Reed__18480__-_SoS_Decision_Web_Decision.pdf.pdf-she was under the influence of alcohol, and therefore vulnerable. As a teacher he should ./OFFICIAL_SENSITIVE__Mr_Joshua_Reed__18480__-_SoS_Decision_Web_Decision.pdf.pdf-have taken steps to safeguard her and protect her rights, but instead, he took advantage ./OFFICIAL_SENSITIVE__Mr_Joshua_Reed__18480__-_SoS_Decision_Web_Decision.pdf.pdf:of her for his own sexual gratification. When his conduct was first noticed by others, he ./OFFICIAL_SENSITIVE__Mr_Joshua_Reed__18480__-_SoS_Decision_Web_Decision.pdf.pdf-sought to cover it up and instructed Pupil A to do the same. He was not open and honest ./OFFICIAL_SENSITIVE__Mr_Joshua_Reed__18480__-_SoS_Decision_Web_Decision.pdf.pdf-during the initial investigation, and concealed the full extent of his misconduct. He then ./OFFICIAL_SENSITIVE__Mr_Joshua_Reed__18480__-_SoS_Decision_Web_Decision.pdf.pdf-went on to continue the relationship, despite having been given advice by the School not ./OFFICIAL_SENSITIVE__Mr_Joshua_Reed__18480__-_SoS_Decision_Web_Decision.pdf.pdf-to be alone with Pupil A or exchange mobile numbers with her. His unprofessional ./OFFICIAL_SENSITIVE__Mr_Joshua_Reed__18480__-_SoS_Decision_Web_Decision.pdf.pdf-conduct lasted for over a year, and had an adverse impact on Pupil A's well-being both at ./OFFICIAL_SENSITIVE__Mr_Joshua_Reed__18480__-_SoS_Decision_Web_Decision.pdf.pdf-the time and subsequently. ./OFFICIAL_SENSITIVE__Mr_Joshua_Reed__18480__-_SoS_Decision_Web_Decision.pdf.pdf- ./OFFICIAL_SENSITIVE__Mr_Joshua_Reed__18480__-_SoS_Decision_Web_Decision.pdf.pdf-Accordingly, the panel was satisfied that Mr Reed was guilty of unacceptable ./OFFICIAL_SENSITIVE__Mr_Joshua_Reed__18480__-_SoS_Decision_Web_Decision.pdf.pdf-professional conduct. ./OFFICIAL_SENSITIVE__Mr_Joshua_Reed__18480__-_SoS_Decision_Web_Decision.pdf.pdf- -- ./OFFICIAL_SENSITIVE__Mr_Joshua_Reed__18480__-_SoS_Decision_Web_Decision.pdf.pdf-The panel had regard to the particular public interest considerations set out in the Advice ./OFFICIAL_SENSITIVE__Mr_Joshua_Reed__18480__-_SoS_Decision_Web_Decision.pdf.pdf-and, having done so, found a number of them to be relevant in this case, namely the ./OFFICIAL_SENSITIVE__Mr_Joshua_Reed__18480__-_SoS_Decision_Web_Decision.pdf.pdf-protection of pupils, the maintenance of public confidence in the profession, and ./OFFICIAL_SENSITIVE__Mr_Joshua_Reed__18480__-_SoS_Decision_Web_Decision.pdf.pdf-declaring and upholding proper standards of conduct. ./OFFICIAL_SENSITIVE__Mr_Joshua_Reed__18480__-_SoS_Decision_Web_Decision.pdf.pdf- ./OFFICIAL_SENSITIVE__Mr_Joshua_Reed__18480__-_SoS_Decision_Web_Decision.pdf.pdf-In the light of the panel’s findings against Mr Reed, which involved a prolonged breach of ./OFFICIAL_SENSITIVE__Mr_Joshua_Reed__18480__-_SoS_Decision_Web_Decision.pdf.pdf:professional boundaries, abuse of trust, and sexual misconduct, there was a strong ./OFFICIAL_SENSITIVE__Mr_Joshua_Reed__18480__-_SoS_Decision_Web_Decision.pdf.pdf-public interest consideration in respect of the protection of pupils. ./OFFICIAL_SENSITIVE__Mr_Joshua_Reed__18480__-_SoS_Decision_Web_Decision.pdf.pdf- ./OFFICIAL_SENSITIVE__Mr_Joshua_Reed__18480__-_SoS_Decision_Web_Decision.pdf.pdf-Similarly, the panel considered that public confidence in the profession could be seriously ./OFFICIAL_SENSITIVE__Mr_Joshua_Reed__18480__-_SoS_Decision_Web_Decision.pdf.pdf-weakened if conduct such as that found against Mr Reed, including dishonesty and a ./OFFICIAL_SENSITIVE__Mr_Joshua_Reed__18480__-_SoS_Decision_Web_Decision.pdf.pdf-lack of integrity, were not treated with the utmost seriousness when regulating the ./OFFICIAL_SENSITIVE__Mr_Joshua_Reed__18480__-_SoS_Decision_Web_Decision.pdf.pdf-conduct of the profession. ./OFFICIAL_SENSITIVE__Mr_Joshua_Reed__18480__-_SoS_Decision_Web_Decision.pdf.pdf- ./OFFICIAL_SENSITIVE__Mr_Joshua_Reed__18480__-_SoS_Decision_Web_Decision.pdf.pdf-The panel decided that a strong public interest consideration in declaring proper ./OFFICIAL_SENSITIVE__Mr_Joshua_Reed__18480__-_SoS_Decision_Web_Decision.pdf.pdf-standards of conduct in the profession was also present as the conduct found against Mr ./OFFICIAL_SENSITIVE__Mr_Joshua_Reed__18480__-_SoS_Decision_Web_Decision.pdf.pdf-Reed was far outside that which could reasonably be tolerated. -- ./OFFICIAL_SENSITIVE__Mr_Joshua_Reed__18480__-_SoS_Decision_Web_Decision.pdf.pdf- ./OFFICIAL_SENSITIVE__Mr_Joshua_Reed__18480__-_SoS_Decision_Web_Decision.pdf.pdf-  misconduct seriously affecting the education and/or well-being of pupils, and ./OFFICIAL_SENSITIVE__Mr_Joshua_Reed__18480__-_SoS_Decision_Web_Decision.pdf.pdf- particularly where there is a continuing risk; ./OFFICIAL_SENSITIVE__Mr_Joshua_Reed__18480__-_SoS_Decision_Web_Decision.pdf.pdf- ./OFFICIAL_SENSITIVE__Mr_Joshua_Reed__18480__-_SoS_Decision_Web_Decision.pdf.pdf-  abuse of position or trust (particularly involving vulnerable pupils) or violation of the ./OFFICIAL_SENSITIVE__Mr_Joshua_Reed__18480__-_SoS_Decision_Web_Decision.pdf.pdf- rights of pupils; ./OFFICIAL_SENSITIVE__Mr_Joshua_Reed__18480__-_SoS_Decision_Web_Decision.pdf.pdf- ./OFFICIAL_SENSITIVE__Mr_Joshua_Reed__18480__-_SoS_Decision_Web_Decision.pdf.pdf-  dishonesty especially where there have been serious consequences, and/or it has ./OFFICIAL_SENSITIVE__Mr_Joshua_Reed__18480__-_SoS_Decision_Web_Decision.pdf.pdf- been repeated and/or covered up; ./OFFICIAL_SENSITIVE__Mr_Joshua_Reed__18480__-_SoS_Decision_Web_Decision.pdf.pdf- ./OFFICIAL_SENSITIVE__Mr_Joshua_Reed__18480__-_SoS_Decision_Web_Decision.pdf.pdf:  sexual misconduct, for example, involving actions that were sexually motivated or ./OFFICIAL_SENSITIVE__Mr_Joshua_Reed__18480__-_SoS_Decision_Web_Decision.pdf.pdf: of a sexual nature and/or that use or exploit the trust, knowledge or influence ./OFFICIAL_SENSITIVE__Mr_Joshua_Reed__18480__-_SoS_Decision_Web_Decision.pdf.pdf- derived from the individual’s professional position; ./OFFICIAL_SENSITIVE__Mr_Joshua_Reed__18480__-_SoS_Decision_Web_Decision.pdf.pdf- ./OFFICIAL_SENSITIVE__Mr_Joshua_Reed__18480__-_SoS_Decision_Web_Decision.pdf.pdf-Even though some of the behaviour found proved in this case indicated that a prohibition ./OFFICIAL_SENSITIVE__Mr_Joshua_Reed__18480__-_SoS_Decision_Web_Decision.pdf.pdf-order would be appropriate, the panel went on to consider the mitigating factors. ./OFFICIAL_SENSITIVE__Mr_Joshua_Reed__18480__-_SoS_Decision_Web_Decision.pdf.pdf- ./OFFICIAL_SENSITIVE__Mr_Joshua_Reed__18480__-_SoS_Decision_Web_Decision.pdf.pdf- ./OFFICIAL_SENSITIVE__Mr_Joshua_Reed__18480__-_SoS_Decision_Web_Decision.pdf.pdf- 14 ./OFFICIAL_SENSITIVE__Mr_Joshua_Reed__18480__-_SoS_Decision_Web_Decision.pdf.pdf- -- ./OFFICIAL_SENSITIVE__Mr_Joshua_Reed__18480__-_SoS_Decision_Web_Decision.pdf.pdf-Mitigating factors may indicate that a prohibition order would not be appropriate or ./OFFICIAL_SENSITIVE__Mr_Joshua_Reed__18480__-_SoS_Decision_Web_Decision.pdf.pdf-proportionate. ./OFFICIAL_SENSITIVE__Mr_Joshua_Reed__18480__-_SoS_Decision_Web_Decision.pdf.pdf- ./OFFICIAL_SENSITIVE__Mr_Joshua_Reed__18480__-_SoS_Decision_Web_Decision.pdf.pdf-In the light of the panel’s findings, there was no evidence that Mr Reed's actions were not ./OFFICIAL_SENSITIVE__Mr_Joshua_Reed__18480__-_SoS_Decision_Web_Decision.pdf.pdf-deliberate. ./OFFICIAL_SENSITIVE__Mr_Joshua_Reed__18480__-_SoS_Decision_Web_Decision.pdf.pdf- ./OFFICIAL_SENSITIVE__Mr_Joshua_Reed__18480__-_SoS_Decision_Web_Decision.pdf.pdf-There was no evidence to suggest that Mr Reed was acting under duress. In fact, the ./OFFICIAL_SENSITIVE__Mr_Joshua_Reed__18480__-_SoS_Decision_Web_Decision.pdf.pdf:panel found Mr Reed's actions to be motivated by his own sexual gratification. ./OFFICIAL_SENSITIVE__Mr_Joshua_Reed__18480__-_SoS_Decision_Web_Decision.pdf.pdf- ./OFFICIAL_SENSITIVE__Mr_Joshua_Reed__18480__-_SoS_Decision_Web_Decision.pdf.pdf-The panel had limited information about Mr Reed's history but saw no evidence that he ./OFFICIAL_SENSITIVE__Mr_Joshua_Reed__18480__-_SoS_Decision_Web_Decision.pdf.pdf-was previously subject to disciplinary proceedings or warnings. He did not provide any ./OFFICIAL_SENSITIVE__Mr_Joshua_Reed__18480__-_SoS_Decision_Web_Decision.pdf.pdf-character evidence, but the panel noted his assertion that he had a successful history of ./OFFICIAL_SENSITIVE__Mr_Joshua_Reed__18480__-_SoS_Decision_Web_Decision.pdf.pdf-teaching GCSE, A-level and BTEC. ./OFFICIAL_SENSITIVE__Mr_Joshua_Reed__18480__-_SoS_Decision_Web_Decision.pdf.pdf- ./OFFICIAL_SENSITIVE__Mr_Joshua_Reed__18480__-_SoS_Decision_Web_Decision.pdf.pdf-The panel first considered whether it would be proportionate to conclude this case with ./OFFICIAL_SENSITIVE__Mr_Joshua_Reed__18480__-_SoS_Decision_Web_Decision.pdf.pdf-no recommendation of prohibition, considering whether the publication of the findings ./OFFICIAL_SENSITIVE__Mr_Joshua_Reed__18480__-_SoS_Decision_Web_Decision.pdf.pdf-made by the panel would be sufficient. ./OFFICIAL_SENSITIVE__Mr_Joshua_Reed__18480__-_SoS_Decision_Web_Decision.pdf.pdf- -- ./OFFICIAL_SENSITIVE__Mr_Joshua_Reed__18480__-_SoS_Decision_Web_Decision.pdf.pdf- ./OFFICIAL_SENSITIVE__Mr_Joshua_Reed__18480__-_SoS_Decision_Web_Decision.pdf.pdf-The panel went on to consider whether or not it would be appropriate to recommend that ./OFFICIAL_SENSITIVE__Mr_Joshua_Reed__18480__-_SoS_Decision_Web_Decision.pdf.pdf-a review period of the order should be considered. The panel was mindful that the Advice ./OFFICIAL_SENSITIVE__Mr_Joshua_Reed__18480__-_SoS_Decision_Web_Decision.pdf.pdf-states that a prohibition order applies for life, but there may be circumstances, in any ./OFFICIAL_SENSITIVE__Mr_Joshua_Reed__18480__-_SoS_Decision_Web_Decision.pdf.pdf-given case, that may make it appropriate to allow a teacher to apply to have the ./OFFICIAL_SENSITIVE__Mr_Joshua_Reed__18480__-_SoS_Decision_Web_Decision.pdf.pdf-prohibition order reviewed after a specified period of time that may not be less than 2 ./OFFICIAL_SENSITIVE__Mr_Joshua_Reed__18480__-_SoS_Decision_Web_Decision.pdf.pdf-years. ./OFFICIAL_SENSITIVE__Mr_Joshua_Reed__18480__-_SoS_Decision_Web_Decision.pdf.pdf- ./OFFICIAL_SENSITIVE__Mr_Joshua_Reed__18480__-_SoS_Decision_Web_Decision.pdf.pdf-The Advice indicates that there are behaviours that, if proved, would militate against the ./OFFICIAL_SENSITIVE__Mr_Joshua_Reed__18480__-_SoS_Decision_Web_Decision.pdf.pdf-recommendation of a review period. These behaviours include serious dishonesty and ./OFFICIAL_SENSITIVE__Mr_Joshua_Reed__18480__-_SoS_Decision_Web_Decision.pdf.pdf:serious sexual misconduct, such as where the act was sexually motivated and resulted in ./OFFICIAL_SENSITIVE__Mr_Joshua_Reed__18480__-_SoS_Decision_Web_Decision.pdf.pdf-or had the potential to result in, harm to a person or persons, particularly where the ./OFFICIAL_SENSITIVE__Mr_Joshua_Reed__18480__-_SoS_Decision_Web_Decision.pdf.pdf-individual has used his professional position to influence or exploit a person. ./OFFICIAL_SENSITIVE__Mr_Joshua_Reed__18480__-_SoS_Decision_Web_Decision.pdf.pdf- ./OFFICIAL_SENSITIVE__Mr_Joshua_Reed__18480__-_SoS_Decision_Web_Decision.pdf.pdf- ./OFFICIAL_SENSITIVE__Mr_Joshua_Reed__18480__-_SoS_Decision_Web_Decision.pdf.pdf- ./OFFICIAL_SENSITIVE__Mr_Joshua_Reed__18480__-_SoS_Decision_Web_Decision.pdf.pdf- ./OFFICIAL_SENSITIVE__Mr_Joshua_Reed__18480__-_SoS_Decision_Web_Decision.pdf.pdf- 15 ./OFFICIAL_SENSITIVE__Mr_Joshua_Reed__18480__-_SoS_Decision_Web_Decision.pdf.pdf- -- ./OFFICIAL_SENSITIVE__Mr_Joshua_Reed__18480__-_SoS_Decision_Web_Decision.pdf.pdf:The panel found that Mr Reed was responsible for serious sexual misconduct which ./OFFICIAL_SENSITIVE__Mr_Joshua_Reed__18480__-_SoS_Decision_Web_Decision.pdf.pdf-resulted in or had the potential to result in harm to Pupil A, had used his professional ./OFFICIAL_SENSITIVE__Mr_Joshua_Reed__18480__-_SoS_Decision_Web_Decision.pdf.pdf-position to influence or exploit her, and been dishonest about his conduct. ./OFFICIAL_SENSITIVE__Mr_Joshua_Reed__18480__-_SoS_Decision_Web_Decision.pdf.pdf- ./OFFICIAL_SENSITIVE__Mr_Joshua_Reed__18480__-_SoS_Decision_Web_Decision.pdf.pdf-Mr Reed has made full admissions, but the panel was not satisfied that there were any ./OFFICIAL_SENSITIVE__Mr_Joshua_Reed__18480__-_SoS_Decision_Web_Decision.pdf.pdf-genuine indicators of remorse or insight into the effect of his conduct on Pupil A. His ./OFFICIAL_SENSITIVE__Mr_Joshua_Reed__18480__-_SoS_Decision_Web_Decision.pdf.pdf-apology focussed on the impact on himself, not Pupil A or the wider public interest. ./OFFICIAL_SENSITIVE__Mr_Joshua_Reed__18480__-_SoS_Decision_Web_Decision.pdf.pdf- ./OFFICIAL_SENSITIVE__Mr_Joshua_Reed__18480__-_SoS_Decision_Web_Decision.pdf.pdf-The panel decided that the findings indicated a situation in which a review period would ./OFFICIAL_SENSITIVE__Mr_Joshua_Reed__18480__-_SoS_Decision_Web_Decision.pdf.pdf-not be appropriate and, as such, decided that it would be proportionate in all the ./OFFICIAL_SENSITIVE__Mr_Joshua_Reed__18480__-_SoS_Decision_Web_Decision.pdf.pdf-circumstances for the prohibition order to be recommended without provisions for a -- ./OFFICIAL_SENSITIVE__Mr_Joshua_Reed__18480__-_SoS_Decision_Web_Decision.pdf.pdf-achieve that aim taking into account the impact that it will have on the individual teacher. ./OFFICIAL_SENSITIVE__Mr_Joshua_Reed__18480__-_SoS_Decision_Web_Decision.pdf.pdf-I have also asked myself, whether a less intrusive measure, such as the published ./OFFICIAL_SENSITIVE__Mr_Joshua_Reed__18480__-_SoS_Decision_Web_Decision.pdf.pdf-finding of unacceptable professional conduct and conduct that may bring the profession ./OFFICIAL_SENSITIVE__Mr_Joshua_Reed__18480__-_SoS_Decision_Web_Decision.pdf.pdf-into disrepute, would itself be sufficient to achieve the overall aim. I have to consider ./OFFICIAL_SENSITIVE__Mr_Joshua_Reed__18480__-_SoS_Decision_Web_Decision.pdf.pdf-whether the consequences of such a publication are themselves sufficient. I have ./OFFICIAL_SENSITIVE__Mr_Joshua_Reed__18480__-_SoS_Decision_Web_Decision.pdf.pdf-considered therefore whether or not prohibiting Mr Reed, and the impact that will have on ./OFFICIAL_SENSITIVE__Mr_Joshua_Reed__18480__-_SoS_Decision_Web_Decision.pdf.pdf-him, is proportionate and in the public interest. ./OFFICIAL_SENSITIVE__Mr_Joshua_Reed__18480__-_SoS_Decision_Web_Decision.pdf.pdf- ./OFFICIAL_SENSITIVE__Mr_Joshua_Reed__18480__-_SoS_Decision_Web_Decision.pdf.pdf-In this case, I have considered the extent to which a prohibition order would protect ./OFFICIAL_SENSITIVE__Mr_Joshua_Reed__18480__-_SoS_Decision_Web_Decision.pdf.pdf-children. The panel has observed, Mr Reed “took advantage of one of his pupils by ./OFFICIAL_SENSITIVE__Mr_Joshua_Reed__18480__-_SoS_Decision_Web_Decision.pdf.pdf:developing a sexual relationship with her. This included sexual conduct and activity when ./OFFICIAL_SENSITIVE__Mr_Joshua_Reed__18480__-_SoS_Decision_Web_Decision.pdf.pdf-she was under the influence of alcohol, and therefore vulnerable.” A prohibition order ./OFFICIAL_SENSITIVE__Mr_Joshua_Reed__18480__-_SoS_Decision_Web_Decision.pdf.pdf-would therefore prevent such a risk from being present in the future. I have also taken ./OFFICIAL_SENSITIVE__Mr_Joshua_Reed__18480__-_SoS_Decision_Web_Decision.pdf.pdf-into account the panel’s comments on insight and remorse, which the panel sets out as ./OFFICIAL_SENSITIVE__Mr_Joshua_Reed__18480__-_SoS_Decision_Web_Decision.pdf.pdf-follows, “Mr Reed has made full admissions, but the panel was not satisfied that there ./OFFICIAL_SENSITIVE__Mr_Joshua_Reed__18480__-_SoS_Decision_Web_Decision.pdf.pdf-were any genuine indicators of remorse or insight into the effect of his conduct on Pupil ./OFFICIAL_SENSITIVE__Mr_Joshua_Reed__18480__-_SoS_Decision_Web_Decision.pdf.pdf-A.” ./OFFICIAL_SENSITIVE__Mr_Joshua_Reed__18480__-_SoS_Decision_Web_Decision.pdf.pdf- ./OFFICIAL_SENSITIVE__Mr_Joshua_Reed__18480__-_SoS_Decision_Web_Decision.pdf.pdf-In my judgement, the lack of insight means that there is some risk of the repetition of this ./OFFICIAL_SENSITIVE__Mr_Joshua_Reed__18480__-_SoS_Decision_Web_Decision.pdf.pdf-behaviour and this puts at pupils at risk. I have therefore given this element considerable ./OFFICIAL_SENSITIVE__Mr_Joshua_Reed__18480__-_SoS_Decision_Web_Decision.pdf.pdf-weight in reaching my decision. -- ./OFFICIAL_SENSITIVE__Mr_Joshua_Reed__18480__-_SoS_Decision_Web_Decision.pdf.pdf-I have considered whether the publication of a finding of unacceptable professional ./OFFICIAL_SENSITIVE__Mr_Joshua_Reed__18480__-_SoS_Decision_Web_Decision.pdf.pdf-conduct, in the absence of a prohibition order, can itself be regarded by such a person as ./OFFICIAL_SENSITIVE__Mr_Joshua_Reed__18480__-_SoS_Decision_Web_Decision.pdf.pdf-being a proportionate response to the misconduct that has been found proven in this ./OFFICIAL_SENSITIVE__Mr_Joshua_Reed__18480__-_SoS_Decision_Web_Decision.pdf.pdf-case. ./OFFICIAL_SENSITIVE__Mr_Joshua_Reed__18480__-_SoS_Decision_Web_Decision.pdf.pdf- ./OFFICIAL_SENSITIVE__Mr_Joshua_Reed__18480__-_SoS_Decision_Web_Decision.pdf.pdf-I have also considered the impact of a prohibition order on Mr Reed himself. The panel ./OFFICIAL_SENSITIVE__Mr_Joshua_Reed__18480__-_SoS_Decision_Web_Decision.pdf.pdf-observe “there was no evidence that Mr Reed's actions were not deliberate” and “there ./OFFICIAL_SENSITIVE__Mr_Joshua_Reed__18480__-_SoS_Decision_Web_Decision.pdf.pdf-was no evidence to suggest that Mr Reed was acting under duress. In fact, the panel ./OFFICIAL_SENSITIVE__Mr_Joshua_Reed__18480__-_SoS_Decision_Web_Decision.pdf.pdf:found Mr Reed's actions to be motivated by his own sexual gratification.” ./OFFICIAL_SENSITIVE__Mr_Joshua_Reed__18480__-_SoS_Decision_Web_Decision.pdf.pdf- ./OFFICIAL_SENSITIVE__Mr_Joshua_Reed__18480__-_SoS_Decision_Web_Decision.pdf.pdf-I have observed that the panel had limited information about Mr Reed's history but saw ./OFFICIAL_SENSITIVE__Mr_Joshua_Reed__18480__-_SoS_Decision_Web_Decision.pdf.pdf-no evidence that he was previously subject to disciplinary proceedings or warnings. ./OFFICIAL_SENSITIVE__Mr_Joshua_Reed__18480__-_SoS_Decision_Web_Decision.pdf.pdf- ./OFFICIAL_SENSITIVE__Mr_Joshua_Reed__18480__-_SoS_Decision_Web_Decision.pdf.pdf-A prohibition order would prevent Mr Reed from teaching. A prohibition order would also ./OFFICIAL_SENSITIVE__Mr_Joshua_Reed__18480__-_SoS_Decision_Web_Decision.pdf.pdf-clearly deprive the public of his contribution to the profession for the period that it is in ./OFFICIAL_SENSITIVE__Mr_Joshua_Reed__18480__-_SoS_Decision_Web_Decision.pdf.pdf-force. ./OFFICIAL_SENSITIVE__Mr_Joshua_Reed__18480__-_SoS_Decision_Web_Decision.pdf.pdf- ./OFFICIAL_SENSITIVE__Mr_Joshua_Reed__18480__-_SoS_Decision_Web_Decision.pdf.pdf-In this case, I have placed considerable weight on the panel’s comments concerning the ./OFFICIAL_SENSITIVE__Mr_Joshua_Reed__18480__-_SoS_Decision_Web_Decision.pdf.pdf-lack of insight or remorse. The panel has said, Mr Reed’s “apology focussed on the ./OFFICIAL_SENSITIVE__Mr_Joshua_Reed__18480__-_SoS_Decision_Web_Decision.pdf.pdf-impact on himself, not Pupil A or the wider public interest.” ./OFFICIAL_SENSITIVE__Mr_Joshua_Reed__18480__-_SoS_Decision_Web_Decision.pdf.pdf- ./OFFICIAL_SENSITIVE__Mr_Joshua_Reed__18480__-_SoS_Decision_Web_Decision.pdf.pdf-I have also placed considerable weight on the finding of the panel that Mr Reed’s conduct ./OFFICIAL_SENSITIVE__Mr_Joshua_Reed__18480__-_SoS_Decision_Web_Decision.pdf.pdf:“involved a prolonged breach of professional boundaries, abuse of trust, and sexual ./OFFICIAL_SENSITIVE__Mr_Joshua_Reed__18480__-_SoS_Decision_Web_Decision.pdf.pdf-misconduct.” ./OFFICIAL_SENSITIVE__Mr_Joshua_Reed__18480__-_SoS_Decision_Web_Decision.pdf.pdf- ./OFFICIAL_SENSITIVE__Mr_Joshua_Reed__18480__-_SoS_Decision_Web_Decision.pdf.pdf-I have given less weight in my consideration of sanction therefore, to the contribution that ./OFFICIAL_SENSITIVE__Mr_Joshua_Reed__18480__-_SoS_Decision_Web_Decision.pdf.pdf-Mr Reed has made to the profession. In my view, it is necessary to impose a prohibition ./OFFICIAL_SENSITIVE__Mr_Joshua_Reed__18480__-_SoS_Decision_Web_Decision.pdf.pdf-order to maintain public confidence in the profession. A published decision, in light of the ./OFFICIAL_SENSITIVE__Mr_Joshua_Reed__18480__-_SoS_Decision_Web_Decision.pdf.pdf-circumstances in this case, that is not backed up by remorse or insight, does not in my ./OFFICIAL_SENSITIVE__Mr_Joshua_Reed__18480__-_SoS_Decision_Web_Decision.pdf.pdf-view satisfy the public interest requirement concerning public confidence in the ./OFFICIAL_SENSITIVE__Mr_Joshua_Reed__18480__-_SoS_Decision_Web_Decision.pdf.pdf-profession. ./OFFICIAL_SENSITIVE__Mr_Joshua_Reed__18480__-_SoS_Decision_Web_Decision.pdf.pdf- ./OFFICIAL_SENSITIVE__Mr_Joshua_Reed__18480__-_SoS_Decision_Web_Decision.pdf.pdf-For these reasons, I have concluded that a prohibition order is proportionate and in the ./OFFICIAL_SENSITIVE__Mr_Joshua_Reed__18480__-_SoS_Decision_Web_Decision.pdf.pdf-public interest in order to achieve the intended aims of a prohibition order. ./OFFICIAL_SENSITIVE__Mr_Joshua_Reed__18480__-_SoS_Decision_Web_Decision.pdf.pdf- ./OFFICIAL_SENSITIVE__Mr_Joshua_Reed__18480__-_SoS_Decision_Web_Decision.pdf.pdf-I have gone on to consider the matter of a review period. In this case, the panel has ./OFFICIAL_SENSITIVE__Mr_Joshua_Reed__18480__-_SoS_Decision_Web_Decision.pdf.pdf-recommended that no provision should be made for a review period. ./OFFICIAL_SENSITIVE__Mr_Joshua_Reed__18480__-_SoS_Decision_Web_Decision.pdf.pdf- ./OFFICIAL_SENSITIVE__Mr_Joshua_Reed__18480__-_SoS_Decision_Web_Decision.pdf.pdf-I have considered the panel’s comments that “Mr Reed was responsible for serious ./OFFICIAL_SENSITIVE__Mr_Joshua_Reed__18480__-_SoS_Decision_Web_Decision.pdf.pdf:sexual misconduct which resulted in or had the potential to result in harm to Pupil A, had ./OFFICIAL_SENSITIVE__Mr_Joshua_Reed__18480__-_SoS_Decision_Web_Decision.pdf.pdf-used his professional position to influence or exploit her, and been dishonest about his ./OFFICIAL_SENSITIVE__Mr_Joshua_Reed__18480__-_SoS_Decision_Web_Decision.pdf.pdf-conduct.” ./OFFICIAL_SENSITIVE__Mr_Joshua_Reed__18480__-_SoS_Decision_Web_Decision.pdf.pdf- ./OFFICIAL_SENSITIVE__Mr_Joshua_Reed__18480__-_SoS_Decision_Web_Decision.pdf.pdf-I have considered whether allowing for a no review period reflects the seriousness of the ./OFFICIAL_SENSITIVE__Mr_Joshua_Reed__18480__-_SoS_Decision_Web_Decision.pdf.pdf-findings and is proportionate to achieve the aim of maintaining public confidence in the ./OFFICIAL_SENSITIVE__Mr_Joshua_Reed__18480__-_SoS_Decision_Web_Decision.pdf.pdf- ./OFFICIAL_SENSITIVE__Mr_Joshua_Reed__18480__-_SoS_Decision_Web_Decision.pdf.pdf- ./OFFICIAL_SENSITIVE__Mr_Joshua_Reed__18480__-_SoS_Decision_Web_Decision.pdf.pdf- 18 ./OFFICIAL_SENSITIVE__Mr_Joshua_Reed__18480__-_SoS_Decision_Web_Decision.pdf.pdf- -- ./OFFICIAL_SENSITIVE__Mr_Joshua_Reed__18480__-_SoS_Decision_Web_Decision.pdf.pdf-profession. In this case, I consider five factors mean that a review period is not sufficient ./OFFICIAL_SENSITIVE__Mr_Joshua_Reed__18480__-_SoS_Decision_Web_Decision.pdf.pdf-to achieve the aim of maintaining public confidence in the profession. These factors are, ./OFFICIAL_SENSITIVE__Mr_Joshua_Reed__18480__-_SoS_Decision_Web_Decision.pdf.pdf:the prolonged breach of professional boundaries, the abuse of trust, the sexual ./OFFICIAL_SENSITIVE__Mr_Joshua_Reed__18480__-_SoS_Decision_Web_Decision.pdf.pdf-misconduct, dishonesty, and the lack of either insight or remorse. ./OFFICIAL_SENSITIVE__Mr_Joshua_Reed__18480__-_SoS_Decision_Web_Decision.pdf.pdf- ./OFFICIAL_SENSITIVE__Mr_Joshua_Reed__18480__-_SoS_Decision_Web_Decision.pdf.pdf-I consider therefore that allowing for no review period is necessary to maintain public ./OFFICIAL_SENSITIVE__Mr_Joshua_Reed__18480__-_SoS_Decision_Web_Decision.pdf.pdf-confidence and is proportionate and in the public interest. ./OFFICIAL_SENSITIVE__Mr_Joshua_Reed__18480__-_SoS_Decision_Web_Decision.pdf.pdf- ./OFFICIAL_SENSITIVE__Mr_Joshua_Reed__18480__-_SoS_Decision_Web_Decision.pdf.pdf-This means that Mr Joshua Reed is prohibited from teaching indefinitely and ./OFFICIAL_SENSITIVE__Mr_Joshua_Reed__18480__-_SoS_Decision_Web_Decision.pdf.pdf-cannot teach in any school, sixth form college, relevant youth accommodation or ./OFFICIAL_SENSITIVE__Mr_Joshua_Reed__18480__-_SoS_Decision_Web_Decision.pdf.pdf-children’s home in England. Furthermore, in view of the seriousness of the allegations ./OFFICIAL_SENSITIVE__Mr_Joshua_Reed__18480__-_SoS_Decision_Web_Decision.pdf.pdf-found proved against him, I have decided that Mr Reed shall not be entitled to apply for ./OFFICIAL_SENSITIVE__Mr_Joshua_Reed__18480__-_SoS_Decision_Web_Decision.pdf.pdf-restoration of his eligibility to teach. ./OFFICIAL_SENSITIVE__SOS_Decision__for_Mr_Yankel_Shepherd_17298_redacted.pdf-October 2021. ./OFFICIAL_SENSITIVE__SOS_Decision__for_Mr_Yankel_Shepherd_17298_redacted.pdf- ./OFFICIAL_SENSITIVE__SOS_Decision__for_Mr_Yankel_Shepherd_17298_redacted.pdf-It was alleged that Mr Shepherd was guilty of unacceptable professional conduct and/or ./OFFICIAL_SENSITIVE__SOS_Decision__for_Mr_Yankel_Shepherd_17298_redacted.pdf-conduct that may bring the profession into disrepute, in that: ./OFFICIAL_SENSITIVE__SOS_Decision__for_Mr_Yankel_Shepherd_17298_redacted.pdf- ./OFFICIAL_SENSITIVE__SOS_Decision__for_Mr_Yankel_Shepherd_17298_redacted.pdf- 1. In or around the 1980s he had inappropriate physical contact with Child A at a ./OFFICIAL_SENSITIVE__SOS_Decision__for_Mr_Yankel_Shepherd_17298_redacted.pdf- Jewish Community Centre and/ or a Synagogue, in particular he: ./OFFICIAL_SENSITIVE__SOS_Decision__for_Mr_Yankel_Shepherd_17298_redacted.pdf- a. touched Child A on one or more occasions; ./OFFICIAL_SENSITIVE__SOS_Decision__for_Mr_Yankel_Shepherd_17298_redacted.pdf- b. permitted and or encouraged Child A to touch him on one or more occasions; ./OFFICIAL_SENSITIVE__SOS_Decision__for_Mr_Yankel_Shepherd_17298_redacted.pdf- c. kissed Child A on one or more occasions; ./OFFICIAL_SENSITIVE__SOS_Decision__for_Mr_Yankel_Shepherd_17298_redacted.pdf: d. engaged in sexual activity with Child A on one or more occasions; ./OFFICIAL_SENSITIVE__SOS_Decision__for_Mr_Yankel_Shepherd_17298_redacted.pdf- 2. In or around 2018, he had inappropriate contact with Pupil X, including by: ./OFFICIAL_SENSITIVE__SOS_Decision__for_Mr_Yankel_Shepherd_17298_redacted.pdf- a. kissing Pupil X; ./OFFICIAL_SENSITIVE__SOS_Decision__for_Mr_Yankel_Shepherd_17298_redacted.pdf- b. hugging and/or stroking Pupil X; ./OFFICIAL_SENSITIVE__SOS_Decision__for_Mr_Yankel_Shepherd_17298_redacted.pdf- 3. His behaviour as may be found proven at 1 and/or 2 above was conduct of a ./OFFICIAL_SENSITIVE__SOS_Decision__for_Mr_Yankel_Shepherd_17298_redacted.pdf: sexual nature and/or was sexually motivated. ./OFFICIAL_SENSITIVE__SOS_Decision__for_Mr_Yankel_Shepherd_17298_redacted.pdf-Mr Shepherd has not admitted either the facts of the allegation or that such conduct ./OFFICIAL_SENSITIVE__SOS_Decision__for_Mr_Yankel_Shepherd_17298_redacted.pdf-constituted unacceptable professional conduct or conduct that may bring the profession ./OFFICIAL_SENSITIVE__SOS_Decision__for_Mr_Yankel_Shepherd_17298_redacted.pdf-into disrepute. ./OFFICIAL_SENSITIVE__SOS_Decision__for_Mr_Yankel_Shepherd_17298_redacted.pdf- ./OFFICIAL_SENSITIVE__SOS_Decision__for_Mr_Yankel_Shepherd_17298_redacted.pdf- ./OFFICIAL_SENSITIVE__SOS_Decision__for_Mr_Yankel_Shepherd_17298_redacted.pdf-Preliminary applications ./OFFICIAL_SENSITIVE__SOS_Decision__for_Mr_Yankel_Shepherd_17298_redacted.pdf-Applicable Procedures ./OFFICIAL_SENSITIVE__SOS_Decision__for_Mr_Yankel_Shepherd_17298_redacted.pdf- ./OFFICIAL_SENSITIVE__SOS_Decision__for_Mr_Yankel_Shepherd_17298_redacted.pdf-The panel noted that since the date of the referral to the TRA in this case, new Teacher ./OFFICIAL_SENSITIVE__SOS_Decision__for_Mr_Yankel_Shepherd_17298_redacted.pdf-Misconduct Disciplinary procedures for the teaching profession were published in May -- ./OFFICIAL_SENSITIVE__SOS_Decision__for_Mr_Yankel_Shepherd_17298_redacted.pdf- ./OFFICIAL_SENSITIVE__SOS_Decision__for_Mr_Yankel_Shepherd_17298_redacted.pdf-The panel has therefore decided, in view of the above, to proceed with the hearing in the ./OFFICIAL_SENSITIVE__SOS_Decision__for_Mr_Yankel_Shepherd_17298_redacted.pdf-absence of Mr Shepherd. ./OFFICIAL_SENSITIVE__SOS_Decision__for_Mr_Yankel_Shepherd_17298_redacted.pdf- ./OFFICIAL_SENSITIVE__SOS_Decision__for_Mr_Yankel_Shepherd_17298_redacted.pdf-Application for Vulnerable Witness Measures in respect of Child A ./OFFICIAL_SENSITIVE__SOS_Decision__for_Mr_Yankel_Shepherd_17298_redacted.pdf- ./OFFICIAL_SENSITIVE__SOS_Decision__for_Mr_Yankel_Shepherd_17298_redacted.pdf-Child A is not a child witness as although he was a child at the time of the matters ./OFFICIAL_SENSITIVE__SOS_Decision__for_Mr_Yankel_Shepherd_17298_redacted.pdf-alleged, at the time of this hearing, Child A is over the age of 18. However, the panel ./OFFICIAL_SENSITIVE__SOS_Decision__for_Mr_Yankel_Shepherd_17298_redacted.pdf-directs that Child A is to be treated as a vulnerable witness. The panel is satisfied that the ./OFFICIAL_SENSITIVE__SOS_Decision__for_Mr_Yankel_Shepherd_17298_redacted.pdf-quality of his evidence is likely to be adversely affected given that the allegation is of a ./OFFICIAL_SENSITIVE__SOS_Decision__for_Mr_Yankel_Shepherd_17298_redacted.pdf:sexual nature and he is the alleged victim, and because of the intimidation that Child A ./OFFICIAL_SENSITIVE__SOS_Decision__for_Mr_Yankel_Shepherd_17298_redacted.pdf-complains he has suffered from [redacted]. ./OFFICIAL_SENSITIVE__SOS_Decision__for_Mr_Yankel_Shepherd_17298_redacted.pdf- ./OFFICIAL_SENSITIVE__SOS_Decision__for_Mr_Yankel_Shepherd_17298_redacted.pdf- 6 ./OFFICIAL_SENSITIVE__SOS_Decision__for_Mr_Yankel_Shepherd_17298_redacted.pdf- -- ./OFFICIAL_SENSITIVE__SOS_Decision__for_Mr_Yankel_Shepherd_17298_redacted.pdf-the conduct in question casts doubt on such a person’s suitability to teach children and ./OFFICIAL_SENSITIVE__SOS_Decision__for_Mr_Yankel_Shepherd_17298_redacted.pdf-young persons, then arguably it should qualify for investigation – dishonesty of any kind, ./OFFICIAL_SENSITIVE__SOS_Decision__for_Mr_Yankel_Shepherd_17298_redacted.pdf-for example, or inappropriate behaviour towards someone in respect of who the ./OFFICIAL_SENSITIVE__SOS_Decision__for_Mr_Yankel_Shepherd_17298_redacted.pdf-individual concerned was in a position of authority or trust, even in a different kind of job”. ./OFFICIAL_SENSITIVE__SOS_Decision__for_Mr_Yankel_Shepherd_17298_redacted.pdf- ./OFFICIAL_SENSITIVE__SOS_Decision__for_Mr_Yankel_Shepherd_17298_redacted.pdf-The panel considered that the case before it falls squarely within the example of the case ./OFFICIAL_SENSITIVE__SOS_Decision__for_Mr_Yankel_Shepherd_17298_redacted.pdf-cited where, if proven, the allegations would cast doubt on Mr Shepherd’s suitability to ./OFFICIAL_SENSITIVE__SOS_Decision__for_Mr_Yankel_Shepherd_17298_redacted.pdf-teach children. Child A describes Mr Shepherd’s actions having developed from his ./OFFICIAL_SENSITIVE__SOS_Decision__for_Mr_Yankel_Shepherd_17298_redacted.pdf-attendance at an [redacted], where Mr Shepherd was one of the adults [redacted] and ./OFFICIAL_SENSITIVE__SOS_Decision__for_Mr_Yankel_Shepherd_17298_redacted.pdf-therefore in a position of trust . The panel was satisfied that in such a case, where the ./OFFICIAL_SENSITIVE__SOS_Decision__for_Mr_Yankel_Shepherd_17298_redacted.pdf:allegations related to engaging in conduct of a sexual nature and/or conduct that was ./OFFICIAL_SENSITIVE__SOS_Decision__for_Mr_Yankel_Shepherd_17298_redacted.pdf:sexually motivated, that safeguarding concerns are paramount. It is therefore in the ./OFFICIAL_SENSITIVE__SOS_Decision__for_Mr_Yankel_Shepherd_17298_redacted.pdf-public interest that such allegations are considered, even if the conduct concerned ./OFFICIAL_SENSITIVE__SOS_Decision__for_Mr_Yankel_Shepherd_17298_redacted.pdf-occurred at a time prior to Mr Shepherd joining the profession. ./OFFICIAL_SENSITIVE__SOS_Decision__for_Mr_Yankel_Shepherd_17298_redacted.pdf- ./OFFICIAL_SENSITIVE__SOS_Decision__for_Mr_Yankel_Shepherd_17298_redacted.pdf-Taking a hypothetical example, if allegations of this nature could not be considered, it ./OFFICIAL_SENSITIVE__SOS_Decision__for_Mr_Yankel_Shepherd_17298_redacted.pdf-would produce an anomaly in the sense that it would preclude prohibition being ./OFFICIAL_SENSITIVE__SOS_Decision__for_Mr_Yankel_Shepherd_17298_redacted.pdf-considered and imposed in circumstances where an individual has a history of grooming ./OFFICIAL_SENSITIVE__SOS_Decision__for_Mr_Yankel_Shepherd_17298_redacted.pdf-a child, prior to joining the very profession that would allow that individual access to ./OFFICIAL_SENSITIVE__SOS_Decision__for_Mr_Yankel_Shepherd_17298_redacted.pdf-children. ./OFFICIAL_SENSITIVE__SOS_Decision__for_Mr_Yankel_Shepherd_17298_redacted.pdf- ./OFFICIAL_SENSITIVE__SOS_Decision__for_Mr_Yankel_Shepherd_17298_redacted.pdf-The findings of fact are as follows: ./OFFICIAL_SENSITIVE__SOS_Decision__for_Mr_Yankel_Shepherd_17298_redacted.pdf- ./OFFICIAL_SENSITIVE__SOS_Decision__for_Mr_Yankel_Shepherd_17298_redacted.pdf-The panel found the following particulars of the allegations against you proved, for these ./OFFICIAL_SENSITIVE__SOS_Decision__for_Mr_Yankel_Shepherd_17298_redacted.pdf-reasons: ./OFFICIAL_SENSITIVE__SOS_Decision__for_Mr_Yankel_Shepherd_17298_redacted.pdf- ./OFFICIAL_SENSITIVE__SOS_Decision__for_Mr_Yankel_Shepherd_17298_redacted.pdf- 1. In or around the 1980s you had inappropriate physical contact with Child ./OFFICIAL_SENSITIVE__SOS_Decision__for_Mr_Yankel_Shepherd_17298_redacted.pdf- A at a Jewish Community Centre and/or a Synagogue, in particular you: ./OFFICIAL_SENSITIVE__SOS_Decision__for_Mr_Yankel_Shepherd_17298_redacted.pdf- a. touched Child A on one or more occasions; ./OFFICIAL_SENSITIVE__SOS_Decision__for_Mr_Yankel_Shepherd_17298_redacted.pdf- b. permitted and/or encouraged Child A to touch you on one or more ./OFFICIAL_SENSITIVE__SOS_Decision__for_Mr_Yankel_Shepherd_17298_redacted.pdf- occasions; ./OFFICIAL_SENSITIVE__SOS_Decision__for_Mr_Yankel_Shepherd_17298_redacted.pdf- c. kissed Child A on one or more occasions; ./OFFICIAL_SENSITIVE__SOS_Decision__for_Mr_Yankel_Shepherd_17298_redacted.pdf: d. engaged in sexual activity with Child A on one or more occasions; ./OFFICIAL_SENSITIVE__SOS_Decision__for_Mr_Yankel_Shepherd_17298_redacted.pdf-Child A has stated that when he was around 12 years old and attending the synagogue, ./OFFICIAL_SENSITIVE__SOS_Decision__for_Mr_Yankel_Shepherd_17298_redacted.pdf-Mr Shepherd invited him to help with some jobs at the offices of the Jewish Community ./OFFICIAL_SENSITIVE__SOS_Decision__for_Mr_Yankel_Shepherd_17298_redacted.pdf-Centre. He stated that Mr Shepherd had been one of the adults running an activities ./OFFICIAL_SENSITIVE__SOS_Decision__for_Mr_Yankel_Shepherd_17298_redacted.pdf-group for boys that Child A had attended from when he was around 7 or 8 years old. ./OFFICIAL_SENSITIVE__SOS_Decision__for_Mr_Yankel_Shepherd_17298_redacted.pdf-Child A described attending on a Sunday afternoon and whilst there, they looked at a ./OFFICIAL_SENSITIVE__SOS_Decision__for_Mr_Yankel_Shepherd_17298_redacted.pdf-magazine for religious youths. He recalled sitting on Mr Shepherd’s lap, and Mr ./OFFICIAL_SENSITIVE__SOS_Decision__for_Mr_Yankel_Shepherd_17298_redacted.pdf-Shepherd touching him on his thighs and over his groin. Child A described meeting with ./OFFICIAL_SENSITIVE__SOS_Decision__for_Mr_Yankel_Shepherd_17298_redacted.pdf-Mr Shepherd on Sunday afternoons over the period of the following 12 to 18 months. He ./OFFICIAL_SENSITIVE__SOS_Decision__for_Mr_Yankel_Shepherd_17298_redacted.pdf- ./OFFICIAL_SENSITIVE__SOS_Decision__for_Mr_Yankel_Shepherd_17298_redacted.pdf- 10 -- ./OFFICIAL_SENSITIVE__SOS_Decision__for_Mr_Yankel_Shepherd_17298_redacted.pdf-stated that within a few months, this had progressed to Mr Shepherd unzipping Child A’s ./OFFICIAL_SENSITIVE__SOS_Decision__for_Mr_Yankel_Shepherd_17298_redacted.pdf-trousers, putting his hands inside Child A’s underwear and fondling his penis and ./OFFICIAL_SENSITIVE__SOS_Decision__for_Mr_Yankel_Shepherd_17298_redacted.pdf-testicles. He stated that Mr Shepherd asked him to fondle him and pretended to read ./OFFICIAL_SENSITIVE__SOS_Decision__for_Mr_Yankel_Shepherd_17298_redacted.pdf-through a magazine whilst Child A touched Mr Shepherd’s penis and fondled his ./OFFICIAL_SENSITIVE__SOS_Decision__for_Mr_Yankel_Shepherd_17298_redacted.pdf-testicles. ./OFFICIAL_SENSITIVE__SOS_Decision__for_Mr_Yankel_Shepherd_17298_redacted.pdf- ./OFFICIAL_SENSITIVE__SOS_Decision__for_Mr_Yankel_Shepherd_17298_redacted.pdf-Child A explained in oral evidence that, at the time, he didn’t really have any friends, was ./OFFICIAL_SENSITIVE__SOS_Decision__for_Mr_Yankel_Shepherd_17298_redacted.pdf-a loner and had been very quiet. He had started school without speaking English and that ./OFFICIAL_SENSITIVE__SOS_Decision__for_Mr_Yankel_Shepherd_17298_redacted.pdf-had impacted upon his confidence. He explained that he didn’t have the attention of his ./OFFICIAL_SENSITIVE__SOS_Decision__for_Mr_Yankel_Shepherd_17298_redacted.pdf-parents. He stated that he felt pressured and complied with Mr Shepherd’s requests, and ./OFFICIAL_SENSITIVE__SOS_Decision__for_Mr_Yankel_Shepherd_17298_redacted.pdf:felt confused as he had not had any sexual experiences prior to this, nor did he know ./OFFICIAL_SENSITIVE__SOS_Decision__for_Mr_Yankel_Shepherd_17298_redacted.pdf:anything about sex. ./OFFICIAL_SENSITIVE__SOS_Decision__for_Mr_Yankel_Shepherd_17298_redacted.pdf- ./OFFICIAL_SENSITIVE__SOS_Decision__for_Mr_Yankel_Shepherd_17298_redacted.pdf-Child A stated that a few months after the visits to the Jewish Community Centre began, ./OFFICIAL_SENSITIVE__SOS_Decision__for_Mr_Yankel_Shepherd_17298_redacted.pdf-Mr Shepherd tried to masturbate him but that this was unsuccessful and Mr Shepherd ./OFFICIAL_SENSITIVE__SOS_Decision__for_Mr_Yankel_Shepherd_17298_redacted.pdf-gave up. Child A explained that Mr Shepherd tried this once or twice. He stated that it ./OFFICIAL_SENSITIVE__SOS_Decision__for_Mr_Yankel_Shepherd_17298_redacted.pdf-became a regular feature that Mr Shepherd would push him against the wall at the ./OFFICIAL_SENSITIVE__SOS_Decision__for_Mr_Yankel_Shepherd_17298_redacted.pdf-Jewish Community Centre and kissing would take place, that Mr Shepherd put his tongue ./OFFICIAL_SENSITIVE__SOS_Decision__for_Mr_Yankel_Shepherd_17298_redacted.pdf-in Child A’s mouth and rubbed his genitals against him, telling Child A to push harder. ./OFFICIAL_SENSITIVE__SOS_Decision__for_Mr_Yankel_Shepherd_17298_redacted.pdf- ./OFFICIAL_SENSITIVE__SOS_Decision__for_Mr_Yankel_Shepherd_17298_redacted.pdf-Child A stated that around 2 to 3 months into the visits to the Jewish Community Centre, ./OFFICIAL_SENSITIVE__SOS_Decision__for_Mr_Yankel_Shepherd_17298_redacted.pdf-Mr Shepherd asked Child A to lie on the floor and Mr Shepherd lay on top of him and this ./OFFICIAL_SENSITIVE__SOS_Decision__for_Mr_Yankel_Shepherd_17298_redacted.pdf-became a regular occurrence. He stated that Mr Shepherd kissed him and masturbated ./OFFICIAL_SENSITIVE__SOS_Decision__for_Mr_Yankel_Shepherd_17298_redacted.pdf-himself against him, asked Child A to put his hand into his unzipped trousers onto his ./OFFICIAL_SENSITIVE__SOS_Decision__for_Mr_Yankel_Shepherd_17298_redacted.pdf-penis and it ended with Mr Shepherd ejaculating. ./OFFICIAL_SENSITIVE__SOS_Decision__for_Mr_Yankel_Shepherd_17298_redacted.pdf- ./OFFICIAL_SENSITIVE__SOS_Decision__for_Mr_Yankel_Shepherd_17298_redacted.pdf:It was when Child A started developing himself sexually and was going through puberty ./OFFICIAL_SENSITIVE__SOS_Decision__for_Mr_Yankel_Shepherd_17298_redacted.pdf-that Child A states that he began to have some inkling that something was wrong with his ./OFFICIAL_SENSITIVE__SOS_Decision__for_Mr_Yankel_Shepherd_17298_redacted.pdf-contact with Mr Shepherd. He felt more and more uncomfortable and stopped attending ./OFFICIAL_SENSITIVE__SOS_Decision__for_Mr_Yankel_Shepherd_17298_redacted.pdf-the Jewish Community Centre on Sundays. ./OFFICIAL_SENSITIVE__SOS_Decision__for_Mr_Yankel_Shepherd_17298_redacted.pdf- ./OFFICIAL_SENSITIVE__SOS_Decision__for_Mr_Yankel_Shepherd_17298_redacted.pdf-Child A stated that he continued to see Mr Shepherd at the synagogue, and Mr Shepherd ./OFFICIAL_SENSITIVE__SOS_Decision__for_Mr_Yankel_Shepherd_17298_redacted.pdf-took him upstairs to study some religious texts alone with him in the women’s gallery, ./OFFICIAL_SENSITIVE__SOS_Decision__for_Mr_Yankel_Shepherd_17298_redacted.pdf-whilst the other children were playing and having fun. He stated that this happened on a ./OFFICIAL_SENSITIVE__SOS_Decision__for_Mr_Yankel_Shepherd_17298_redacted.pdf-number of occasions. Whilst in the women’s gallery, Mr Shepherd unzipped Child A’s ./OFFICIAL_SENSITIVE__SOS_Decision__for_Mr_Yankel_Shepherd_17298_redacted.pdf-trousers and put his hand under Child A’s underwear. Child A stated that he touched Mr ./OFFICIAL_SENSITIVE__SOS_Decision__for_Mr_Yankel_Shepherd_17298_redacted.pdf-Shepherd underneath his underwear although later he refused to do this. Child A said -- ./OFFICIAL_SENSITIVE__SOS_Decision__for_Mr_Yankel_Shepherd_17298_redacted.pdf-incidents.” ./OFFICIAL_SENSITIVE__SOS_Decision__for_Mr_Yankel_Shepherd_17298_redacted.pdf- ./OFFICIAL_SENSITIVE__SOS_Decision__for_Mr_Yankel_Shepherd_17298_redacted.pdf-The panel believed that Mr Shepherd’s comment related to Child A. Child A had ./OFFICIAL_SENSITIVE__SOS_Decision__for_Mr_Yankel_Shepherd_17298_redacted.pdf-explained that around September 2012, he had seen Mr Shepherd, he believed this was ./OFFICIAL_SENSITIVE__SOS_Decision__for_Mr_Yankel_Shepherd_17298_redacted.pdf-likely to have been at a celebration, although could not recall precisely. He stated that he ./OFFICIAL_SENSITIVE__SOS_Decision__for_Mr_Yankel_Shepherd_17298_redacted.pdf-had told Mr Shepherd, “I’ll get you one day”. ./OFFICIAL_SENSITIVE__SOS_Decision__for_Mr_Yankel_Shepherd_17298_redacted.pdf- ./OFFICIAL_SENSITIVE__SOS_Decision__for_Mr_Yankel_Shepherd_17298_redacted.pdf-In the social worker’s police statement, she recorded that Mr Shepherd agreed to comply ./OFFICIAL_SENSITIVE__SOS_Decision__for_Mr_Yankel_Shepherd_17298_redacted.pdf-with a [redacted] and [redacted]. In oral evidence, the social worker confirmed to the ./OFFICIAL_SENSITIVE__SOS_Decision__for_Mr_Yankel_Shepherd_17298_redacted.pdf-panel that Mr Shepherd would have had to admit an incident had occurred (or be ./OFFICIAL_SENSITIVE__SOS_Decision__for_Mr_Yankel_Shepherd_17298_redacted.pdf:convicted of a sexual offence), in order to be offered this programme. ./OFFICIAL_SENSITIVE__SOS_Decision__for_Mr_Yankel_Shepherd_17298_redacted.pdf- ./OFFICIAL_SENSITIVE__SOS_Decision__for_Mr_Yankel_Shepherd_17298_redacted.pdf-Although Mr Shepherd has subsequently denied the allegations, the panel was satisfied ./OFFICIAL_SENSITIVE__SOS_Decision__for_Mr_Yankel_Shepherd_17298_redacted.pdf-that he had made an admission that an incident had taken place and that admission was ./OFFICIAL_SENSITIVE__SOS_Decision__for_Mr_Yankel_Shepherd_17298_redacted.pdf-more likely than not to relate to Child A. ./OFFICIAL_SENSITIVE__SOS_Decision__for_Mr_Yankel_Shepherd_17298_redacted.pdf- ./OFFICIAL_SENSITIVE__SOS_Decision__for_Mr_Yankel_Shepherd_17298_redacted.pdf-Whilst the details of the incident were not relayed by Mr Shepherd during either meeting ./OFFICIAL_SENSITIVE__SOS_Decision__for_Mr_Yankel_Shepherd_17298_redacted.pdf-with the social workers, the panel considered it more likely than not, given the partial ./OFFICIAL_SENSITIVE__SOS_Decision__for_Mr_Yankel_Shepherd_17298_redacted.pdf-admission, that Mr Shepherd had acted inappropriately towards Child A. Given the ./OFFICIAL_SENSITIVE__SOS_Decision__for_Mr_Yankel_Shepherd_17298_redacted.pdf-compelling account that Child A had provided, the panel was satisfied that matters ./OFFICIAL_SENSITIVE__SOS_Decision__for_Mr_Yankel_Shepherd_17298_redacted.pdf-alleged by Child A had taken place. The panel also considered that it was inappropriate -- ./OFFICIAL_SENSITIVE__SOS_Decision__for_Mr_Yankel_Shepherd_17298_redacted.pdf-weight on this professional view which reinforced its own view of observing Pupil X during ./OFFICIAL_SENSITIVE__SOS_Decision__for_Mr_Yankel_Shepherd_17298_redacted.pdf-the video recordings of his ABE interviews. Pupil X was very clear that he did not like the ./OFFICIAL_SENSITIVE__SOS_Decision__for_Mr_Yankel_Shepherd_17298_redacted.pdf-unwanted physical contact from Mr Shepherd and that he not only wanted it to stop, but ./OFFICIAL_SENSITIVE__SOS_Decision__for_Mr_Yankel_Shepherd_17298_redacted.pdf-had reported it on several occasions in an effort to make it stop. ./OFFICIAL_SENSITIVE__SOS_Decision__for_Mr_Yankel_Shepherd_17298_redacted.pdf- ./OFFICIAL_SENSITIVE__SOS_Decision__for_Mr_Yankel_Shepherd_17298_redacted.pdf-Having found Pupil X to be credible and truthful in his account of the physical contact Mr ./OFFICIAL_SENSITIVE__SOS_Decision__for_Mr_Yankel_Shepherd_17298_redacted.pdf-Shepherd had made, the panel was satisfied that this was inappropriate for a teacher and ./OFFICIAL_SENSITIVE__SOS_Decision__for_Mr_Yankel_Shepherd_17298_redacted.pdf-found Allegation 2 proven in its entirety. ./OFFICIAL_SENSITIVE__SOS_Decision__for_Mr_Yankel_Shepherd_17298_redacted.pdf- ./OFFICIAL_SENSITIVE__SOS_Decision__for_Mr_Yankel_Shepherd_17298_redacted.pdf- 3. Your behaviour as may be found proven at 1 and/or 2 above was conduct ./OFFICIAL_SENSITIVE__SOS_Decision__for_Mr_Yankel_Shepherd_17298_redacted.pdf: of a sexual nature and/or was sexually motivated. ./OFFICIAL_SENSITIVE__SOS_Decision__for_Mr_Yankel_Shepherd_17298_redacted.pdf-With regard to Child A, the panel was satisfied that Mr Shepherd’s behaviour was ./OFFICIAL_SENSITIVE__SOS_Decision__for_Mr_Yankel_Shepherd_17298_redacted.pdf:conduct of a sexual nature and/or sexually motivated. The culmination of the contact ./OFFICIAL_SENSITIVE__SOS_Decision__for_Mr_Yankel_Shepherd_17298_redacted.pdf:between Child A and Mr Shepherd in sexual acts indicated that a reasonable person ./OFFICIAL_SENSITIVE__SOS_Decision__for_Mr_Yankel_Shepherd_17298_redacted.pdf:would consider that contact to be by its nature sexual, and that both his actions in the ./OFFICIAL_SENSITIVE__SOS_Decision__for_Mr_Yankel_Shepherd_17298_redacted.pdf:lead up to and during those sexual acts were in pursuit of his own sexual gratification. ./OFFICIAL_SENSITIVE__SOS_Decision__for_Mr_Yankel_Shepherd_17298_redacted.pdf- ./OFFICIAL_SENSITIVE__SOS_Decision__for_Mr_Yankel_Shepherd_17298_redacted.pdf-With regard to Pupil X, the panel was satisfied that Mr Shepherd’s behaviour was ./OFFICIAL_SENSITIVE__SOS_Decision__for_Mr_Yankel_Shepherd_17298_redacted.pdf:conduct of a sexual nature and/or sexually motivated. The panel asked itself whether a ./OFFICIAL_SENSITIVE__SOS_Decision__for_Mr_Yankel_Shepherd_17298_redacted.pdf-reasonable person would consider that, because of its nature, his conduct may be ./OFFICIAL_SENSITIVE__SOS_Decision__for_Mr_Yankel_Shepherd_17298_redacted.pdf:sexual, and because of its circumstances or his purpose in relation to it, it is sexual. The ./OFFICIAL_SENSITIVE__SOS_Decision__for_Mr_Yankel_Shepherd_17298_redacted.pdf-panel understood that the state of Mr Shepherd’s mind could not be proven by direct ./OFFICIAL_SENSITIVE__SOS_Decision__for_Mr_Yankel_Shepherd_17298_redacted.pdf-observation, and that it could only be proved by inference or deduction from surrounding ./OFFICIAL_SENSITIVE__SOS_Decision__for_Mr_Yankel_Shepherd_17298_redacted.pdf- ./OFFICIAL_SENSITIVE__SOS_Decision__for_Mr_Yankel_Shepherd_17298_redacted.pdf- 14 ./OFFICIAL_SENSITIVE__SOS_Decision__for_Mr_Yankel_Shepherd_17298_redacted.pdf- -- ./OFFICIAL_SENSITIVE__SOS_Decision__for_Mr_Yankel_Shepherd_17298_redacted.pdf-evidence. The panel was satisfied that hugging, stroking Pupil X’s cheek and kissing ./OFFICIAL_SENSITIVE__SOS_Decision__for_Mr_Yankel_Shepherd_17298_redacted.pdf:Pupil X during their one to one sessions was conduct of a sexual nature. There could be ./OFFICIAL_SENSITIVE__SOS_Decision__for_Mr_Yankel_Shepherd_17298_redacted.pdf:no other explanation for him to do this, other than a sexual one. Pupil X clearly felt ./OFFICIAL_SENSITIVE__SOS_Decision__for_Mr_Yankel_Shepherd_17298_redacted.pdf-uncomfortable with the contact which he described as inappropriate. ./OFFICIAL_SENSITIVE__SOS_Decision__for_Mr_Yankel_Shepherd_17298_redacted.pdf- ./OFFICIAL_SENSITIVE__SOS_Decision__for_Mr_Yankel_Shepherd_17298_redacted.pdf-It was apparent to the panel that Mr Shepherd developed an intimacy with Pupil X ./OFFICIAL_SENSITIVE__SOS_Decision__for_Mr_Yankel_Shepherd_17298_redacted.pdf-through his one to one sessions and by assisting him with his preparation for his bar ./OFFICIAL_SENSITIVE__SOS_Decision__for_Mr_Yankel_Shepherd_17298_redacted.pdf-mitzvah, taking advantage of the sessions when they were alone. The panel found Mr ./OFFICIAL_SENSITIVE__SOS_Decision__for_Mr_Yankel_Shepherd_17298_redacted.pdf:Shepherd’s actions to be calculated, and were more likely than not for his own sexual ./OFFICIAL_SENSITIVE__SOS_Decision__for_Mr_Yankel_Shepherd_17298_redacted.pdf-gratification. Even after Pupil X’s parents told him to stop, Mr Shepherd does not appear ./OFFICIAL_SENSITIVE__SOS_Decision__for_Mr_Yankel_Shepherd_17298_redacted.pdf-to have been able to control his behaviour and resumed the physical contact some three ./OFFICIAL_SENSITIVE__SOS_Decision__for_Mr_Yankel_Shepherd_17298_redacted.pdf-weeks later. ./OFFICIAL_SENSITIVE__SOS_Decision__for_Mr_Yankel_Shepherd_17298_redacted.pdf- ./OFFICIAL_SENSITIVE__SOS_Decision__for_Mr_Yankel_Shepherd_17298_redacted.pdf-The panel found that Mr Shepherd’s behaviour in respect of the conduct found proven at ./OFFICIAL_SENSITIVE__SOS_Decision__for_Mr_Yankel_Shepherd_17298_redacted.pdf:allegation 1 and 2 was both conduct of a sexual nature and sexually motivated. ./OFFICIAL_SENSITIVE__SOS_Decision__for_Mr_Yankel_Shepherd_17298_redacted.pdf- ./OFFICIAL_SENSITIVE__SOS_Decision__for_Mr_Yankel_Shepherd_17298_redacted.pdf-Findings as to unacceptable professional conduct and/or conduct that ./OFFICIAL_SENSITIVE__SOS_Decision__for_Mr_Yankel_Shepherd_17298_redacted.pdf-may bring the profession into disrepute ./OFFICIAL_SENSITIVE__SOS_Decision__for_Mr_Yankel_Shepherd_17298_redacted.pdf- ./OFFICIAL_SENSITIVE__SOS_Decision__for_Mr_Yankel_Shepherd_17298_redacted.pdf-Having found the allegations proved, the panel went on to consider whether the facts of ./OFFICIAL_SENSITIVE__SOS_Decision__for_Mr_Yankel_Shepherd_17298_redacted.pdf-those proved allegations amounted to unacceptable professional conduct and/or conduct ./OFFICIAL_SENSITIVE__SOS_Decision__for_Mr_Yankel_Shepherd_17298_redacted.pdf-that may bring the profession into disrepute. ./OFFICIAL_SENSITIVE__SOS_Decision__for_Mr_Yankel_Shepherd_17298_redacted.pdf- ./OFFICIAL_SENSITIVE__SOS_Decision__for_Mr_Yankel_Shepherd_17298_redacted.pdf-In doing so, the panel had regard to the document Teacher Misconduct: The Prohibition ./OFFICIAL_SENSITIVE__SOS_Decision__for_Mr_Yankel_Shepherd_17298_redacted.pdf-of Teachers, which is referred to as “the Advice”. -- ./OFFICIAL_SENSITIVE__SOS_Decision__for_Mr_Yankel_Shepherd_17298_redacted.pdf-outside of the education setting. However, given the abhorrent nature of the conduct, it ./OFFICIAL_SENSITIVE__SOS_Decision__for_Mr_Yankel_Shepherd_17298_redacted.pdf-clearly affects the way Mr Shepherd now fulfils his teaching role with the concerns that ./OFFICIAL_SENSITIVE__SOS_Decision__for_Mr_Yankel_Shepherd_17298_redacted.pdf-such conduct gives rise to regarding his access to children. His actions clearly led to ./OFFICIAL_SENSITIVE__SOS_Decision__for_Mr_Yankel_Shepherd_17298_redacted.pdf-Child A being exposed to or influenced by his behaviour in a harmful way. The emotional ./OFFICIAL_SENSITIVE__SOS_Decision__for_Mr_Yankel_Shepherd_17298_redacted.pdf-and psychological impact of Mr Shepherd’s actions continue to affect Child A today, ./OFFICIAL_SENSITIVE__SOS_Decision__for_Mr_Yankel_Shepherd_17298_redacted.pdf-many years on from those events. Mr Shepherd’s conduct clearly fell short of the ./OFFICIAL_SENSITIVE__SOS_Decision__for_Mr_Yankel_Shepherd_17298_redacted.pdf-standards of behaviour of the profession that he went on to join. ./OFFICIAL_SENSITIVE__SOS_Decision__for_Mr_Yankel_Shepherd_17298_redacted.pdf- ./OFFICIAL_SENSITIVE__SOS_Decision__for_Mr_Yankel_Shepherd_17298_redacted.pdf-The panel also considered whether Mr Shepherd’s conduct in relation to Child A ./OFFICIAL_SENSITIVE__SOS_Decision__for_Mr_Yankel_Shepherd_17298_redacted.pdf-displayed behaviours associated with any of the offences listed on pages 10 and 11 of ./OFFICIAL_SENSITIVE__SOS_Decision__for_Mr_Yankel_Shepherd_17298_redacted.pdf:the Advice. The panel found that the offence of sexual activity was relevant. ./OFFICIAL_SENSITIVE__SOS_Decision__for_Mr_Yankel_Shepherd_17298_redacted.pdf- ./OFFICIAL_SENSITIVE__SOS_Decision__for_Mr_Yankel_Shepherd_17298_redacted.pdf-The Advice indicates that where behaviours associated with such an offence exist, a ./OFFICIAL_SENSITIVE__SOS_Decision__for_Mr_Yankel_Shepherd_17298_redacted.pdf-panel is likely to conclude that an individual’s conduct would amount to “unacceptable ./OFFICIAL_SENSITIVE__SOS_Decision__for_Mr_Yankel_Shepherd_17298_redacted.pdf-professional conduct”. ./OFFICIAL_SENSITIVE__SOS_Decision__for_Mr_Yankel_Shepherd_17298_redacted.pdf- ./OFFICIAL_SENSITIVE__SOS_Decision__for_Mr_Yankel_Shepherd_17298_redacted.pdf-The panel therefore found Mr Shepherd’s actions towards Child A constituted ./OFFICIAL_SENSITIVE__SOS_Decision__for_Mr_Yankel_Shepherd_17298_redacted.pdf-unacceptable professional conduct. ./OFFICIAL_SENSITIVE__SOS_Decision__for_Mr_Yankel_Shepherd_17298_redacted.pdf- ./OFFICIAL_SENSITIVE__SOS_Decision__for_Mr_Yankel_Shepherd_17298_redacted.pdf- ./OFFICIAL_SENSITIVE__SOS_Decision__for_Mr_Yankel_Shepherd_17298_redacted.pdf- 15 -- ./OFFICIAL_SENSITIVE__SOS_Decision__for_Mr_Yankel_Shepherd_17298_redacted.pdf-With regard to the conduct found proven in respect of Child A, the panel took into ./OFFICIAL_SENSITIVE__SOS_Decision__for_Mr_Yankel_Shepherd_17298_redacted.pdf-account the way the teaching profession is viewed by others and considered the ./OFFICIAL_SENSITIVE__SOS_Decision__for_Mr_Yankel_Shepherd_17298_redacted.pdf-influence that teachers may have on pupils, parents and others in the community. The ./OFFICIAL_SENSITIVE__SOS_Decision__for_Mr_Yankel_Shepherd_17298_redacted.pdf-panel also took account of the uniquely influential role that teachers can hold in pupils’ ./OFFICIAL_SENSITIVE__SOS_Decision__for_Mr_Yankel_Shepherd_17298_redacted.pdf-lives and the fact that pupils must be able to view teachers as role models in the way that ./OFFICIAL_SENSITIVE__SOS_Decision__for_Mr_Yankel_Shepherd_17298_redacted.pdf-they behave. The conduct displayed by Mr Shepherd prior to his joining the profession ./OFFICIAL_SENSITIVE__SOS_Decision__for_Mr_Yankel_Shepherd_17298_redacted.pdf-would likely have a negative impact on his status as a teacher, and would in all likelihood ./OFFICIAL_SENSITIVE__SOS_Decision__for_Mr_Yankel_Shepherd_17298_redacted.pdf-damage the public’s perception of him, thereby bringing the profession that he went on to ./OFFICIAL_SENSITIVE__SOS_Decision__for_Mr_Yankel_Shepherd_17298_redacted.pdf-join into disrepute. The panel had no doubt that pupils, parents and others in the ./OFFICIAL_SENSITIVE__SOS_Decision__for_Mr_Yankel_Shepherd_17298_redacted.pdf-community would not consider it acceptable for a member of the teaching profession to ./OFFICIAL_SENSITIVE__SOS_Decision__for_Mr_Yankel_Shepherd_17298_redacted.pdf:have a history of engaging in sexual activity with a child, and that this would cause ./OFFICIAL_SENSITIVE__SOS_Decision__for_Mr_Yankel_Shepherd_17298_redacted.pdf-concern about the safeguarding of children of a similar age in his care. ./OFFICIAL_SENSITIVE__SOS_Decision__for_Mr_Yankel_Shepherd_17298_redacted.pdf- ./OFFICIAL_SENSITIVE__SOS_Decision__for_Mr_Yankel_Shepherd_17298_redacted.pdf-The panel was satisfied that with regard to Pupil X, the conduct of Mr Shepherd, involved ./OFFICIAL_SENSITIVE__SOS_Decision__for_Mr_Yankel_Shepherd_17298_redacted.pdf-breaches of the Teachers’ Standards. The panel considered that, by reference to Part 2, ./OFFICIAL_SENSITIVE__SOS_Decision__for_Mr_Yankel_Shepherd_17298_redacted.pdf-Mr Shepherd was in breach of the following standards: ./OFFICIAL_SENSITIVE__SOS_Decision__for_Mr_Yankel_Shepherd_17298_redacted.pdf- ./OFFICIAL_SENSITIVE__SOS_Decision__for_Mr_Yankel_Shepherd_17298_redacted.pdf- • Teachers uphold public trust in the profession and maintain high standards of ./OFFICIAL_SENSITIVE__SOS_Decision__for_Mr_Yankel_Shepherd_17298_redacted.pdf- ethics and behaviour, within and outside school, by ./OFFICIAL_SENSITIVE__SOS_Decision__for_Mr_Yankel_Shepherd_17298_redacted.pdf- ./OFFICIAL_SENSITIVE__SOS_Decision__for_Mr_Yankel_Shepherd_17298_redacted.pdf- • treating pupils with dignity, building relationships rooted in mutual respect, and -- ./OFFICIAL_SENSITIVE__SOS_Decision__for_Mr_Yankel_Shepherd_17298_redacted.pdf- ./OFFICIAL_SENSITIVE__SOS_Decision__for_Mr_Yankel_Shepherd_17298_redacted.pdf- • Teachers must have an understanding of, and always act within, the statutory ./OFFICIAL_SENSITIVE__SOS_Decision__for_Mr_Yankel_Shepherd_17298_redacted.pdf- frameworks which set out their professional duties and responsibilities. ./OFFICIAL_SENSITIVE__SOS_Decision__for_Mr_Yankel_Shepherd_17298_redacted.pdf- ./OFFICIAL_SENSITIVE__SOS_Decision__for_Mr_Yankel_Shepherd_17298_redacted.pdf-The panel was satisfied that the conduct of Mr Shepherd in relation to Pupil X amounted ./OFFICIAL_SENSITIVE__SOS_Decision__for_Mr_Yankel_Shepherd_17298_redacted.pdf-to misconduct of a serious nature which fell significantly short of the standards expected ./OFFICIAL_SENSITIVE__SOS_Decision__for_Mr_Yankel_Shepherd_17298_redacted.pdf-of the profession. ./OFFICIAL_SENSITIVE__SOS_Decision__for_Mr_Yankel_Shepherd_17298_redacted.pdf- ./OFFICIAL_SENSITIVE__SOS_Decision__for_Mr_Yankel_Shepherd_17298_redacted.pdf-The panel also considered whether Mr Shepherd’s conduct in relation to Pupil X ./OFFICIAL_SENSITIVE__SOS_Decision__for_Mr_Yankel_Shepherd_17298_redacted.pdf-displayed behaviours associated with any of the offences listed on pages 10 and 11 of ./OFFICIAL_SENSITIVE__SOS_Decision__for_Mr_Yankel_Shepherd_17298_redacted.pdf:the Advice. The panel found that the offence of sexual activity was relevant. ./OFFICIAL_SENSITIVE__SOS_Decision__for_Mr_Yankel_Shepherd_17298_redacted.pdf- ./OFFICIAL_SENSITIVE__SOS_Decision__for_Mr_Yankel_Shepherd_17298_redacted.pdf-The Advice indicates that where behaviours associated with such an offence exist, a ./OFFICIAL_SENSITIVE__SOS_Decision__for_Mr_Yankel_Shepherd_17298_redacted.pdf-panel is likely to conclude that an individual’s conduct would amount to unacceptable ./OFFICIAL_SENSITIVE__SOS_Decision__for_Mr_Yankel_Shepherd_17298_redacted.pdf-professional conduct. ./OFFICIAL_SENSITIVE__SOS_Decision__for_Mr_Yankel_Shepherd_17298_redacted.pdf- ./OFFICIAL_SENSITIVE__SOS_Decision__for_Mr_Yankel_Shepherd_17298_redacted.pdf- ./OFFICIAL_SENSITIVE__SOS_Decision__for_Mr_Yankel_Shepherd_17298_redacted.pdf- ./OFFICIAL_SENSITIVE__SOS_Decision__for_Mr_Yankel_Shepherd_17298_redacted.pdf- 16 ./OFFICIAL_SENSITIVE__SOS_Decision__for_Mr_Yankel_Shepherd_17298_redacted.pdf- -- ./OFFICIAL_SENSITIVE__SOS_Decision__for_Mr_Yankel_Shepherd_17298_redacted.pdf-orders should not be given in order to be punitive, or to show that blame has been ./OFFICIAL_SENSITIVE__SOS_Decision__for_Mr_Yankel_Shepherd_17298_redacted.pdf-apportioned, although they are likely to have punitive effect. ./OFFICIAL_SENSITIVE__SOS_Decision__for_Mr_Yankel_Shepherd_17298_redacted.pdf- ./OFFICIAL_SENSITIVE__SOS_Decision__for_Mr_Yankel_Shepherd_17298_redacted.pdf-The panel had regard to the particular public interest considerations set out in the Advice ./OFFICIAL_SENSITIVE__SOS_Decision__for_Mr_Yankel_Shepherd_17298_redacted.pdf-and, having done so, found the following to be relevant in this case, the protection of ./OFFICIAL_SENSITIVE__SOS_Decision__for_Mr_Yankel_Shepherd_17298_redacted.pdf-pupils; the maintenance of public confidence in the profession; and declaring and ./OFFICIAL_SENSITIVE__SOS_Decision__for_Mr_Yankel_Shepherd_17298_redacted.pdf-upholding proper standards of conduct. ./OFFICIAL_SENSITIVE__SOS_Decision__for_Mr_Yankel_Shepherd_17298_redacted.pdf- ./OFFICIAL_SENSITIVE__SOS_Decision__for_Mr_Yankel_Shepherd_17298_redacted.pdf-In the light of the panel’s findings against Mr Shepherd, which involved engineering ./OFFICIAL_SENSITIVE__SOS_Decision__for_Mr_Yankel_Shepherd_17298_redacted.pdf-situations where he would be alone with Child A, and later with Pupil X, both of whom ./OFFICIAL_SENSITIVE__SOS_Decision__for_Mr_Yankel_Shepherd_17298_redacted.pdf:were vulnerable pupils, for his own sexual gratification; there was a strong public interest ./OFFICIAL_SENSITIVE__SOS_Decision__for_Mr_Yankel_Shepherd_17298_redacted.pdf-consideration in respect of the protection of pupils. ./OFFICIAL_SENSITIVE__SOS_Decision__for_Mr_Yankel_Shepherd_17298_redacted.pdf- ./OFFICIAL_SENSITIVE__SOS_Decision__for_Mr_Yankel_Shepherd_17298_redacted.pdf- ./OFFICIAL_SENSITIVE__SOS_Decision__for_Mr_Yankel_Shepherd_17298_redacted.pdf- ./OFFICIAL_SENSITIVE__SOS_Decision__for_Mr_Yankel_Shepherd_17298_redacted.pdf- ./OFFICIAL_SENSITIVE__SOS_Decision__for_Mr_Yankel_Shepherd_17298_redacted.pdf- 17 ./OFFICIAL_SENSITIVE__SOS_Decision__for_Mr_Yankel_Shepherd_17298_redacted.pdf- -- ./OFFICIAL_SENSITIVE__SOS_Decision__for_Mr_Yankel_Shepherd_17298_redacted.pdf- particularly where there is a continuing risk; ./OFFICIAL_SENSITIVE__SOS_Decision__for_Mr_Yankel_Shepherd_17298_redacted.pdf- ./OFFICIAL_SENSITIVE__SOS_Decision__for_Mr_Yankel_Shepherd_17298_redacted.pdf- • a deep-seated attitude that leads to harmful behaviour; ./OFFICIAL_SENSITIVE__SOS_Decision__for_Mr_Yankel_Shepherd_17298_redacted.pdf- ./OFFICIAL_SENSITIVE__SOS_Decision__for_Mr_Yankel_Shepherd_17298_redacted.pdf- • abuse of position or trust (particularly involving vulnerable pupils) or violation of ./OFFICIAL_SENSITIVE__SOS_Decision__for_Mr_Yankel_Shepherd_17298_redacted.pdf- the rights of pupils; ./OFFICIAL_SENSITIVE__SOS_Decision__for_Mr_Yankel_Shepherd_17298_redacted.pdf- ./OFFICIAL_SENSITIVE__SOS_Decision__for_Mr_Yankel_Shepherd_17298_redacted.pdf- • …other deliberate behaviour that undermines pupils, the profession, the school ./OFFICIAL_SENSITIVE__SOS_Decision__for_Mr_Yankel_Shepherd_17298_redacted.pdf- or colleagues; ./OFFICIAL_SENSITIVE__SOS_Decision__for_Mr_Yankel_Shepherd_17298_redacted.pdf- ./OFFICIAL_SENSITIVE__SOS_Decision__for_Mr_Yankel_Shepherd_17298_redacted.pdf: • sexual misconduct, for example, involving actions that were sexually motivated ./OFFICIAL_SENSITIVE__SOS_Decision__for_Mr_Yankel_Shepherd_17298_redacted.pdf: or of a sexual nature and/or that use or exploit the trust, knowledge or influence ./OFFICIAL_SENSITIVE__SOS_Decision__for_Mr_Yankel_Shepherd_17298_redacted.pdf- derived from the individual’s professional position; ./OFFICIAL_SENSITIVE__SOS_Decision__for_Mr_Yankel_Shepherd_17298_redacted.pdf- ./OFFICIAL_SENSITIVE__SOS_Decision__for_Mr_Yankel_Shepherd_17298_redacted.pdf-The panel considered that Mr Shepherd had a deep-seated attitude since he had ./OFFICIAL_SENSITIVE__SOS_Decision__for_Mr_Yankel_Shepherd_17298_redacted.pdf:demonstrated a sexual interest in boys of a similar age over a sustained period of time, ./OFFICIAL_SENSITIVE__SOS_Decision__for_Mr_Yankel_Shepherd_17298_redacted.pdf-beginning with Child A in the late 1980s and continuing this behaviour in 2018 ./OFFICIAL_SENSITIVE__SOS_Decision__for_Mr_Yankel_Shepherd_17298_redacted.pdf-demonstrated by his actions with regard to Pupil X. This is despite the [redacted] ./OFFICIAL_SENSITIVE__SOS_Decision__for_Mr_Yankel_Shepherd_17298_redacted.pdf-[redacted] having advised on 15 August 2013 that Mr Shepherd [redacted]. It is also ./OFFICIAL_SENSITIVE__SOS_Decision__for_Mr_Yankel_Shepherd_17298_redacted.pdf-despite Mr Shepherd having agreed to participate in a [redacted] in 2012. ./OFFICIAL_SENSITIVE__SOS_Decision__for_Mr_Yankel_Shepherd_17298_redacted.pdf- ./OFFICIAL_SENSITIVE__SOS_Decision__for_Mr_Yankel_Shepherd_17298_redacted.pdf- ./OFFICIAL_SENSITIVE__SOS_Decision__for_Mr_Yankel_Shepherd_17298_redacted.pdf- ./OFFICIAL_SENSITIVE__SOS_Decision__for_Mr_Yankel_Shepherd_17298_redacted.pdf- 18 ./OFFICIAL_SENSITIVE__SOS_Decision__for_Mr_Yankel_Shepherd_17298_redacted.pdf- -- ./OFFICIAL_SENSITIVE__SOS_Decision__for_Mr_Yankel_Shepherd_17298_redacted.pdf-His actions towards Pupil X breached his position of trust as a teacher. As an adult in a ./OFFICIAL_SENSITIVE__SOS_Decision__for_Mr_Yankel_Shepherd_17298_redacted.pdf-position which gave him access to children, he abused that position by engaging in ./OFFICIAL_SENSITIVE__SOS_Decision__for_Mr_Yankel_Shepherd_17298_redacted.pdf:sexual conduct with Child A. ./OFFICIAL_SENSITIVE__SOS_Decision__for_Mr_Yankel_Shepherd_17298_redacted.pdf- ./OFFICIAL_SENSITIVE__SOS_Decision__for_Mr_Yankel_Shepherd_17298_redacted.pdf-Even though some of the behaviour found proved in this case indicated that a prohibition ./OFFICIAL_SENSITIVE__SOS_Decision__for_Mr_Yankel_Shepherd_17298_redacted.pdf-order would be appropriate, the panel went on to consider the mitigating factors. ./OFFICIAL_SENSITIVE__SOS_Decision__for_Mr_Yankel_Shepherd_17298_redacted.pdf-Mitigating factors may indicate that a prohibition order would not be appropriate or ./OFFICIAL_SENSITIVE__SOS_Decision__for_Mr_Yankel_Shepherd_17298_redacted.pdf-proportionate. ./OFFICIAL_SENSITIVE__SOS_Decision__for_Mr_Yankel_Shepherd_17298_redacted.pdf- ./OFFICIAL_SENSITIVE__SOS_Decision__for_Mr_Yankel_Shepherd_17298_redacted.pdf:The panel has found that Mr Shepherd’s actions were deliberate, calculated and sexually ./OFFICIAL_SENSITIVE__SOS_Decision__for_Mr_Yankel_Shepherd_17298_redacted.pdf-motivated. ./OFFICIAL_SENSITIVE__SOS_Decision__for_Mr_Yankel_Shepherd_17298_redacted.pdf- ./OFFICIAL_SENSITIVE__SOS_Decision__for_Mr_Yankel_Shepherd_17298_redacted.pdf-There was no evidence to suggest that Mr Shepherd was acting under duress. ./OFFICIAL_SENSITIVE__SOS_Decision__for_Mr_Yankel_Shepherd_17298_redacted.pdf- ./OFFICIAL_SENSITIVE__SOS_Decision__for_Mr_Yankel_Shepherd_17298_redacted.pdf-The panel did not consider Mr Shepherd to have a previously good history given its ./OFFICIAL_SENSITIVE__SOS_Decision__for_Mr_Yankel_Shepherd_17298_redacted.pdf-findings with regard to Child A. However, the panel accepted that there were no findings ./OFFICIAL_SENSITIVE__SOS_Decision__for_Mr_Yankel_Shepherd_17298_redacted.pdf-by any previous teacher misconduct panel and that as an educator, the headteacher of ./OFFICIAL_SENSITIVE__SOS_Decision__for_Mr_Yankel_Shepherd_17298_redacted.pdf-Talmut Torah Yetev Lev school described him as having “excelled” in the areas of ./OFFICIAL_SENSITIVE__SOS_Decision__for_Mr_Yankel_Shepherd_17298_redacted.pdf-planning and preparing lessons and courses for pupils; delivering lessons to pupils; ./OFFICIAL_SENSITIVE__SOS_Decision__for_Mr_Yankel_Shepherd_17298_redacted.pdf-assessing the development, progress and attainment of pupils; and reporting on the -- ./OFFICIAL_SENSITIVE__SOS_Decision__for_Mr_Yankel_Shepherd_17298_redacted.pdf-The panel went on to consider whether or not it would be appropriate for it to decide to ./OFFICIAL_SENSITIVE__SOS_Decision__for_Mr_Yankel_Shepherd_17298_redacted.pdf-recommend a review period of the order. The panel was mindful that the Advice states ./OFFICIAL_SENSITIVE__SOS_Decision__for_Mr_Yankel_Shepherd_17298_redacted.pdf-that a prohibition order applies for life, but there may be circumstances, in any given ./OFFICIAL_SENSITIVE__SOS_Decision__for_Mr_Yankel_Shepherd_17298_redacted.pdf-case, that may make it appropriate to allow a teacher to apply to have the prohibition ./OFFICIAL_SENSITIVE__SOS_Decision__for_Mr_Yankel_Shepherd_17298_redacted.pdf-order reviewed after a specified period of time that may not be less than 2 years. ./OFFICIAL_SENSITIVE__SOS_Decision__for_Mr_Yankel_Shepherd_17298_redacted.pdf- ./OFFICIAL_SENSITIVE__SOS_Decision__for_Mr_Yankel_Shepherd_17298_redacted.pdf-The Advice indicates that there are behaviours that, if proved, would militate against the ./OFFICIAL_SENSITIVE__SOS_Decision__for_Mr_Yankel_Shepherd_17298_redacted.pdf:recommendation of a review period. One of these behaviours is serious sexual ./OFFICIAL_SENSITIVE__SOS_Decision__for_Mr_Yankel_Shepherd_17298_redacted.pdf:misconduct, such as where the act was sexually motivated and resulted in, or had the ./OFFICIAL_SENSITIVE__SOS_Decision__for_Mr_Yankel_Shepherd_17298_redacted.pdf-potential to result in, harm to a person or persons, particularly where the individual has ./OFFICIAL_SENSITIVE__SOS_Decision__for_Mr_Yankel_Shepherd_17298_redacted.pdf-used his professional position to influence or exploit a person or persons. The panel ./OFFICIAL_SENSITIVE__SOS_Decision__for_Mr_Yankel_Shepherd_17298_redacted.pdf:found that Mr Shepherd was responsible for the most serious degree of sexual ./OFFICIAL_SENSITIVE__SOS_Decision__for_Mr_Yankel_Shepherd_17298_redacted.pdf-misconduct, having abused his position as a teacher to exploit Pupil X, a pupil he knew to ./OFFICIAL_SENSITIVE__SOS_Decision__for_Mr_Yankel_Shepherd_17298_redacted.pdf:be vulnerable, and having engaged in sexual acts with Child A when he was a child. ./OFFICIAL_SENSITIVE__SOS_Decision__for_Mr_Yankel_Shepherd_17298_redacted.pdf- ./OFFICIAL_SENSITIVE__SOS_Decision__for_Mr_Yankel_Shepherd_17298_redacted.pdf-Mr Shepherd has demonstrated no acceptance of guilt, and no remorse or contrition for ./OFFICIAL_SENSITIVE__SOS_Decision__for_Mr_Yankel_Shepherd_17298_redacted.pdf-his behaviour to this panel. Whilst he stated he felt remorseful in relation to a partial ./OFFICIAL_SENSITIVE__SOS_Decision__for_Mr_Yankel_Shepherd_17298_redacted.pdf-admission he made to social workers in relation to Child A, he has gone on to deny the ./OFFICIAL_SENSITIVE__SOS_Decision__for_Mr_Yankel_Shepherd_17298_redacted.pdf-allegations, leading to Child A giving evidence in these proceedings. The panel was of ./OFFICIAL_SENSITIVE__SOS_Decision__for_Mr_Yankel_Shepherd_17298_redacted.pdf-the view that given the absence of insight, the repeated occurrences of such behaviour ./OFFICIAL_SENSITIVE__SOS_Decision__for_Mr_Yankel_Shepherd_17298_redacted.pdf-and his failure to address those behaviours, there is a substantial risk of repetition. ./OFFICIAL_SENSITIVE__SOS_Decision__for_Mr_Yankel_Shepherd_17298_redacted.pdf- ./OFFICIAL_SENSITIVE__SOS_Decision__for_Mr_Yankel_Shepherd_17298_redacted.pdf-The panel decided that the findings indicated a situation in which a review period would ./OFFICIAL_SENSITIVE__SOS_Decision__for_Mr_Yankel_Shepherd_17298_redacted.pdf-not be appropriate and, as such, decided that it would be proportionate, in all the -- ./OFFICIAL_SENSITIVE__SOS_Decision__for_Mr_Yankel_Shepherd_17298_redacted.pdf-the repetition of this behaviour and this puts at risk the future well-being of children, ./OFFICIAL_SENSITIVE__SOS_Decision__for_Mr_Yankel_Shepherd_17298_redacted.pdf-including pupils. I have therefore given this element considerable weight in reaching my ./OFFICIAL_SENSITIVE__SOS_Decision__for_Mr_Yankel_Shepherd_17298_redacted.pdf-decision. ./OFFICIAL_SENSITIVE__SOS_Decision__for_Mr_Yankel_Shepherd_17298_redacted.pdf- ./OFFICIAL_SENSITIVE__SOS_Decision__for_Mr_Yankel_Shepherd_17298_redacted.pdf-I have gone on to consider the extent to which a prohibition order would maintain public ./OFFICIAL_SENSITIVE__SOS_Decision__for_Mr_Yankel_Shepherd_17298_redacted.pdf-confidence in the profession. The panel observe, “the panel considered that public ./OFFICIAL_SENSITIVE__SOS_Decision__for_Mr_Yankel_Shepherd_17298_redacted.pdf-confidence in the profession could be seriously weakened if conduct such as that found ./OFFICIAL_SENSITIVE__SOS_Decision__for_Mr_Yankel_Shepherd_17298_redacted.pdf-against Mr Shepherd was not treated with the utmost seriousness when regulating the ./OFFICIAL_SENSITIVE__SOS_Decision__for_Mr_Yankel_Shepherd_17298_redacted.pdf-conduct of the profession.” ./OFFICIAL_SENSITIVE__SOS_Decision__for_Mr_Yankel_Shepherd_17298_redacted.pdf- ./OFFICIAL_SENSITIVE__SOS_Decision__for_Mr_Yankel_Shepherd_17298_redacted.pdf:I am particularly mindful of the finding of sexual misconduct with children in this case and ./OFFICIAL_SENSITIVE__SOS_Decision__for_Mr_Yankel_Shepherd_17298_redacted.pdf-the impact that such a finding has on the reputation of the profession. ./OFFICIAL_SENSITIVE__SOS_Decision__for_Mr_Yankel_Shepherd_17298_redacted.pdf- ./OFFICIAL_SENSITIVE__SOS_Decision__for_Mr_Yankel_Shepherd_17298_redacted.pdf-I have had to consider that the public has a high expectation of professional standards of ./OFFICIAL_SENSITIVE__SOS_Decision__for_Mr_Yankel_Shepherd_17298_redacted.pdf-all teachers and that the public might regard a failure to impose a prohibition order as a ./OFFICIAL_SENSITIVE__SOS_Decision__for_Mr_Yankel_Shepherd_17298_redacted.pdf-failure to uphold those high standards. In weighing these considerations, I have had to ./OFFICIAL_SENSITIVE__SOS_Decision__for_Mr_Yankel_Shepherd_17298_redacted.pdf-consider the matter from the point of view of an “ordinary intelligent and well-informed ./OFFICIAL_SENSITIVE__SOS_Decision__for_Mr_Yankel_Shepherd_17298_redacted.pdf-citizen.” ./OFFICIAL_SENSITIVE__SOS_Decision__for_Mr_Yankel_Shepherd_17298_redacted.pdf- ./OFFICIAL_SENSITIVE__SOS_Decision__for_Mr_Yankel_Shepherd_17298_redacted.pdf-I have considered whether the publication of a finding of unacceptable professional ./OFFICIAL_SENSITIVE__SOS_Decision__for_Mr_Yankel_Shepherd_17298_redacted.pdf-conduct, in the absence of a prohibition order, can itself be regarded by such a person as ./Official_Senstive_SoS_Decision_for_Alexander_Martin_Redacted_-_FINAL.pdf-Teacher: Mr Alexander Martin (formerly Daniel Chapman) ./Official_Senstive_SoS_Decision_for_Alexander_Martin_Redacted_-_FINAL.pdf- ./Official_Senstive_SoS_Decision_for_Alexander_Martin_Redacted_-_FINAL.pdf-Teacher ref number: 0956591 ./Official_Senstive_SoS_Decision_for_Alexander_Martin_Redacted_-_FINAL.pdf- ./Official_Senstive_SoS_Decision_for_Alexander_Martin_Redacted_-_FINAL.pdf-Teacher date of birth: 8 February 1988 ./Official_Senstive_SoS_Decision_for_Alexander_Martin_Redacted_-_FINAL.pdf- ./Official_Senstive_SoS_Decision_for_Alexander_Martin_Redacted_-_FINAL.pdf-TRA reference: 18470 ./Official_Senstive_SoS_Decision_for_Alexander_Martin_Redacted_-_FINAL.pdf- ./Official_Senstive_SoS_Decision_for_Alexander_Martin_Redacted_-_FINAL.pdf-Date of determination: 4 June 2021 ./Official_Senstive_SoS_Decision_for_Alexander_Martin_Redacted_-_FINAL.pdf- ./Official_Senstive_SoS_Decision_for_Alexander_Martin_Redacted_-_FINAL.pdf:Former employer: Hilltop Infant School, Essex ./Official_Senstive_SoS_Decision_for_Alexander_Martin_Redacted_-_FINAL.pdf- ./Official_Senstive_SoS_Decision_for_Alexander_Martin_Redacted_-_FINAL.pdf- ./Official_Senstive_SoS_Decision_for_Alexander_Martin_Redacted_-_FINAL.pdf-Introduction ./Official_Senstive_SoS_Decision_for_Alexander_Martin_Redacted_-_FINAL.pdf-A professional conduct panel (“the panel”) of the Teaching Regulation Agency (“the ./Official_Senstive_SoS_Decision_for_Alexander_Martin_Redacted_-_FINAL.pdf-TRA”) convened virtually on 4 June 2021, to consider the case of Mr Alexander Martin. ./Official_Senstive_SoS_Decision_for_Alexander_Martin_Redacted_-_FINAL.pdf- ./Official_Senstive_SoS_Decision_for_Alexander_Martin_Redacted_-_FINAL.pdf-The panel members were Mr Ian Carter (former teacher panellist – in the chair), Ms ./Official_Senstive_SoS_Decision_for_Alexander_Martin_Redacted_-_FINAL.pdf-Claudette Salmon (teacher panellist) and Ms Oluremi Alabi (lay panellist). ./Official_Senstive_SoS_Decision_for_Alexander_Martin_Redacted_-_FINAL.pdf- ./Official_Senstive_SoS_Decision_for_Alexander_Martin_Redacted_-_FINAL.pdf-The legal adviser to the panel was Mr Delme Griffiths of Blake Morgan LLP solicitors. -- ./Official_Senstive_SoS_Decision_for_Alexander_Martin_Redacted_-_FINAL.pdf- ./Official_Senstive_SoS_Decision_for_Alexander_Martin_Redacted_-_FINAL.pdf- e. One count of Publish obscene article on 24/09/18 - 29/04/19, contrary to the ./Official_Senstive_SoS_Decision_for_Alexander_Martin_Redacted_-_FINAL.pdf- Obscene Publications Act 1959 s.2(1); ./Official_Senstive_SoS_Decision_for_Alexander_Martin_Redacted_-_FINAL.pdf- ./Official_Senstive_SoS_Decision_for_Alexander_Martin_Redacted_-_FINAL.pdf- f. One count of Publish obscene article on 11/01/19 - 29/04/19, contrary to the ./Official_Senstive_SoS_Decision_for_Alexander_Martin_Redacted_-_FINAL.pdf- Obscene Publications Act 1959 s.2(1); ./Official_Senstive_SoS_Decision_for_Alexander_Martin_Redacted_-_FINAL.pdf- ./Official_Senstive_SoS_Decision_for_Alexander_Martin_Redacted_-_FINAL.pdf- g. One count of Publish obscene article on 11/09/18 - 13/02/19, contrary to the ./Official_Senstive_SoS_Decision_for_Alexander_Martin_Redacted_-_FINAL.pdf- Obscene Publications Act 1959 s.2(1); ./Official_Senstive_SoS_Decision_for_Alexander_Martin_Redacted_-_FINAL.pdf- ./Official_Senstive_SoS_Decision_for_Alexander_Martin_Redacted_-_FINAL.pdf: h. One count of Possession of extreme pornographic images – of intercourse/ oral ./Official_Senstive_SoS_Decision_for_Alexander_Martin_Redacted_-_FINAL.pdf- sex with dead/ alive animal on 20/05/19, contrary to the Criminal Justice and ./Official_Senstive_SoS_Decision_for_Alexander_Martin_Redacted_-_FINAL.pdf- Immigration Act 2008 s.63(1)(7)(d); ./Official_Senstive_SoS_Decision_for_Alexander_Martin_Redacted_-_FINAL.pdf- ./Official_Senstive_SoS_Decision_for_Alexander_Martin_Redacted_-_FINAL.pdf: i. One count of Possession of extreme pornographic images – of intercourse/ oral ./Official_Senstive_SoS_Decision_for_Alexander_Martin_Redacted_-_FINAL.pdf: sex with dead/ alive animal on 11/01/19, contrary to the Criminal Justice and ./Official_Senstive_SoS_Decision_for_Alexander_Martin_Redacted_-_FINAL.pdf- Immigration Act 2008 s.63(1)(7)(d). ./Official_Senstive_SoS_Decision_for_Alexander_Martin_Redacted_-_FINAL.pdf- ./Official_Senstive_SoS_Decision_for_Alexander_Martin_Redacted_-_FINAL.pdf-2. On 20 November 2019, at Chelmsford Crown Court, he was sentenced to: ./Official_Senstive_SoS_Decision_for_Alexander_Martin_Redacted_-_FINAL.pdf- ./Official_Senstive_SoS_Decision_for_Alexander_Martin_Redacted_-_FINAL.pdf- a. imprisonment for 30 months; ./Official_Senstive_SoS_Decision_for_Alexander_Martin_Redacted_-_FINAL.pdf- ./Official_Senstive_SoS_Decision_for_Alexander_Martin_Redacted_-_FINAL.pdf- b. an indefinite Sex offenders notice; ./Official_Senstive_SoS_Decision_for_Alexander_Martin_Redacted_-_FINAL.pdf- ./Official_Senstive_SoS_Decision_for_Alexander_Martin_Redacted_-_FINAL.pdf- c. a Sexual harm prevention order for 10 years; ./Official_Senstive_SoS_Decision_for_Alexander_Martin_Redacted_-_FINAL.pdf- -- ./Official_Senstive_SoS_Decision_for_Alexander_Martin_Redacted_-_FINAL.pdf-Hilltop Infant School ("the School"). He commenced that role on 1 November 2017. ./Official_Senstive_SoS_Decision_for_Alexander_Martin_Redacted_-_FINAL.pdf- ./Official_Senstive_SoS_Decision_for_Alexander_Martin_Redacted_-_FINAL.pdf-The relevant chronology was as follows: ./Official_Senstive_SoS_Decision_for_Alexander_Martin_Redacted_-_FINAL.pdf- ./Official_Senstive_SoS_Decision_for_Alexander_Martin_Redacted_-_FINAL.pdf- • On 20 May 2019, Mr Martin was arrested and charged with three counts of ./Official_Senstive_SoS_Decision_for_Alexander_Martin_Redacted_-_FINAL.pdf- ‘Making Indecent Photograph or Pseudo-Photograph of Children’. ./Official_Senstive_SoS_Decision_for_Alexander_Martin_Redacted_-_FINAL.pdf- ./Official_Senstive_SoS_Decision_for_Alexander_Martin_Redacted_-_FINAL.pdf- • On 18 June 2019, Mr Martin was remanded in custody in Chelmsford Crown ./Official_Senstive_SoS_Decision_for_Alexander_Martin_Redacted_-_FINAL.pdf- Court. ./Official_Senstive_SoS_Decision_for_Alexander_Martin_Redacted_-_FINAL.pdf- ./Official_Senstive_SoS_Decision_for_Alexander_Martin_Redacted_-_FINAL.pdf: • On 20 June 2019 ,the TRA received a notification from Essex police in relation to ./Official_Senstive_SoS_Decision_for_Alexander_Martin_Redacted_-_FINAL.pdf- Mr Martin. ./Official_Senstive_SoS_Decision_for_Alexander_Martin_Redacted_-_FINAL.pdf- ./Official_Senstive_SoS_Decision_for_Alexander_Martin_Redacted_-_FINAL.pdf- • On 25 July 2019, Mr Martin was dismissed by the School for gross misconduct. ./Official_Senstive_SoS_Decision_for_Alexander_Martin_Redacted_-_FINAL.pdf- ./Official_Senstive_SoS_Decision_for_Alexander_Martin_Redacted_-_FINAL.pdf- • On 21 October 2019, Mr Martin was convicted at Chelmsford Crown Court on ./Official_Senstive_SoS_Decision_for_Alexander_Martin_Redacted_-_FINAL.pdf- multiple counts. ./Official_Senstive_SoS_Decision_for_Alexander_Martin_Redacted_-_FINAL.pdf- ./Official_Senstive_SoS_Decision_for_Alexander_Martin_Redacted_-_FINAL.pdf- • On 20 November 2019, Mr Martin was sentenced. ./Official_Senstive_SoS_Decision_for_Alexander_Martin_Redacted_-_FINAL.pdf- ./Official_Senstive_SoS_Decision_for_Alexander_Martin_Redacted_-_FINAL.pdf-The School formally referred Mr Martin to the TRA on 26 July 2019. -- ./Official_Senstive_SoS_Decision_for_Alexander_Martin_Redacted_-_FINAL.pdf- e. One count of Publish obscene article on 24/09/18 - 29/04/19, contrary to ./Official_Senstive_SoS_Decision_for_Alexander_Martin_Redacted_-_FINAL.pdf- the Obscene Publications Act 1959 s.2(1); ./Official_Senstive_SoS_Decision_for_Alexander_Martin_Redacted_-_FINAL.pdf- ./Official_Senstive_SoS_Decision_for_Alexander_Martin_Redacted_-_FINAL.pdf- f. One count of Publish obscene article on 11/01/19 - 29/04/19, contrary to the ./Official_Senstive_SoS_Decision_for_Alexander_Martin_Redacted_-_FINAL.pdf- Obscene Publications Act 1959 s.2(1); ./Official_Senstive_SoS_Decision_for_Alexander_Martin_Redacted_-_FINAL.pdf- ./Official_Senstive_SoS_Decision_for_Alexander_Martin_Redacted_-_FINAL.pdf- g. One count of Publish obscene article on 11/09/18 - 13/02/19, contrary to ./Official_Senstive_SoS_Decision_for_Alexander_Martin_Redacted_-_FINAL.pdf- the Obscene Publications Act 1959 s.2(1); ./Official_Senstive_SoS_Decision_for_Alexander_Martin_Redacted_-_FINAL.pdf- ./Official_Senstive_SoS_Decision_for_Alexander_Martin_Redacted_-_FINAL.pdf: h. One count of Possession of extreme pornographic images – of ./Official_Senstive_SoS_Decision_for_Alexander_Martin_Redacted_-_FINAL.pdf- intercourse/ oral sex with dead/ alive animal on 20/05/19, contrary to the ./Official_Senstive_SoS_Decision_for_Alexander_Martin_Redacted_-_FINAL.pdf- Criminal Justice and Immigration Act 2008 s.63(1)(7)(d); ./Official_Senstive_SoS_Decision_for_Alexander_Martin_Redacted_-_FINAL.pdf- ./Official_Senstive_SoS_Decision_for_Alexander_Martin_Redacted_-_FINAL.pdf: i. One count of Possession of extreme pornographic images – of ./Official_Senstive_SoS_Decision_for_Alexander_Martin_Redacted_-_FINAL.pdf: intercourse/ oral sex with dead/ alive animal on 11/01/19, contrary to the ./Official_Senstive_SoS_Decision_for_Alexander_Martin_Redacted_-_FINAL.pdf- Criminal Justice and Immigration Act 2008 s.63(1)(7)(d). ./Official_Senstive_SoS_Decision_for_Alexander_Martin_Redacted_-_FINAL.pdf- ./Official_Senstive_SoS_Decision_for_Alexander_Martin_Redacted_-_FINAL.pdf-2. On 20 November 2019, at Chelmsford Crown Court, you were sentenced to: ./Official_Senstive_SoS_Decision_for_Alexander_Martin_Redacted_-_FINAL.pdf- ./Official_Senstive_SoS_Decision_for_Alexander_Martin_Redacted_-_FINAL.pdf- a. imprisonment for 30 months; ./Official_Senstive_SoS_Decision_for_Alexander_Martin_Redacted_-_FINAL.pdf- ./Official_Senstive_SoS_Decision_for_Alexander_Martin_Redacted_-_FINAL.pdf- b. an indefinite Sex offenders notice; ./Official_Senstive_SoS_Decision_for_Alexander_Martin_Redacted_-_FINAL.pdf- ./Official_Senstive_SoS_Decision_for_Alexander_Martin_Redacted_-_FINAL.pdf- c. a Sexual harm prevention order for 10 years; ./Official_Senstive_SoS_Decision_for_Alexander_Martin_Redacted_-_FINAL.pdf- -- ./Official_Senstive_SoS_Decision_for_Alexander_Martin_Redacted_-_FINAL.pdf- c. Three counts of ‘Publish obscene article’, contrary to the Obscene ./Official_Senstive_SoS_Decision_for_Alexander_Martin_Redacted_-_FINAL.pdf- Publications Act 1959 s.2(1) (particulars of allegation 1(e) – (g) above); ./Official_Senstive_SoS_Decision_for_Alexander_Martin_Redacted_-_FINAL.pdf- ./Official_Senstive_SoS_Decision_for_Alexander_Martin_Redacted_-_FINAL.pdf: d. Two counts of ‘Possession of extreme pornographic images – of ./Official_Senstive_SoS_Decision_for_Alexander_Martin_Redacted_-_FINAL.pdf: intercourse/ oral sex with dead/ alive animal’, contrary to the Criminal ./Official_Senstive_SoS_Decision_for_Alexander_Martin_Redacted_-_FINAL.pdf- Justice and Immigration Act 2008 s.63(1)(7)(d) (particulars of allegation 1(h) ./Official_Senstive_SoS_Decision_for_Alexander_Martin_Redacted_-_FINAL.pdf- – (i) above). ./Official_Senstive_SoS_Decision_for_Alexander_Martin_Redacted_-_FINAL.pdf- ./Official_Senstive_SoS_Decision_for_Alexander_Martin_Redacted_-_FINAL.pdf-Mr Martin was committed to Chelmsford Crown Court for sentencing. On 20 November ./Official_Senstive_SoS_Decision_for_Alexander_Martin_Redacted_-_FINAL.pdf-2019, he was sentenced to: ./Official_Senstive_SoS_Decision_for_Alexander_Martin_Redacted_-_FINAL.pdf- ./Official_Senstive_SoS_Decision_for_Alexander_Martin_Redacted_-_FINAL.pdf- a. Imprisonment for 30 months; ./Official_Senstive_SoS_Decision_for_Alexander_Martin_Redacted_-_FINAL.pdf- ./Official_Senstive_SoS_Decision_for_Alexander_Martin_Redacted_-_FINAL.pdf: b. An indefinite sex offenders notice; ./Official_Senstive_SoS_Decision_for_Alexander_Martin_Redacted_-_FINAL.pdf- ./Official_Senstive_SoS_Decision_for_Alexander_Martin_Redacted_-_FINAL.pdf: c. A sexual harm prevention order for 10 years; ./Official_Senstive_SoS_Decision_for_Alexander_Martin_Redacted_-_FINAL.pdf- ./Official_Senstive_SoS_Decision_for_Alexander_Martin_Redacted_-_FINAL.pdf- d. Forfeiture of mobile telephone and laptop; and ./Official_Senstive_SoS_Decision_for_Alexander_Martin_Redacted_-_FINAL.pdf- ./Official_Senstive_SoS_Decision_for_Alexander_Martin_Redacted_-_FINAL.pdf- e. A victim surcharge of £140.00. ./Official_Senstive_SoS_Decision_for_Alexander_Martin_Redacted_-_FINAL.pdf- ./Official_Senstive_SoS_Decision_for_Alexander_Martin_Redacted_-_FINAL.pdf-In passing sentence, the Judge [Redacted] noted the aggravating features of this case as ./Official_Senstive_SoS_Decision_for_Alexander_Martin_Redacted_-_FINAL.pdf-being the age and vulnerability of the children shown, the distress and pain, the content ./Official_Senstive_SoS_Decision_for_Alexander_Martin_Redacted_-_FINAL.pdf-of the chats and Mr Martin's position and role at the School. ./Official_Senstive_SoS_Decision_for_Alexander_Martin_Redacted_-_FINAL.pdf- ./Official_Senstive_SoS_Decision_for_Alexander_Martin_Redacted_-_FINAL.pdf-In Mr Martin's favour was the fact that he entered a guilty plea. It was also confirmed that -- ./Official_Senstive_SoS_Decision_for_Alexander_Martin_Redacted_-_FINAL.pdf- ./Official_Senstive_SoS_Decision_for_Alexander_Martin_Redacted_-_FINAL.pdf- ▪ serious departure from the personal and professional conduct elements of the ./Official_Senstive_SoS_Decision_for_Alexander_Martin_Redacted_-_FINAL.pdf- Teachers’ Standards; ./Official_Senstive_SoS_Decision_for_Alexander_Martin_Redacted_-_FINAL.pdf- ./Official_Senstive_SoS_Decision_for_Alexander_Martin_Redacted_-_FINAL.pdf- ▪ actions or behaviours that undermine fundamental British values of democracy, ./Official_Senstive_SoS_Decision_for_Alexander_Martin_Redacted_-_FINAL.pdf- the rule of law, individual liberty, and mutual respect and tolerance of those with ./Official_Senstive_SoS_Decision_for_Alexander_Martin_Redacted_-_FINAL.pdf- different faiths and beliefs; ./Official_Senstive_SoS_Decision_for_Alexander_Martin_Redacted_-_FINAL.pdf- ./Official_Senstive_SoS_Decision_for_Alexander_Martin_Redacted_-_FINAL.pdf- ▪ abuse of position and trust; and ./Official_Senstive_SoS_Decision_for_Alexander_Martin_Redacted_-_FINAL.pdf- ./Official_Senstive_SoS_Decision_for_Alexander_Martin_Redacted_-_FINAL.pdf: ▪ sexual misconduct, for example, involving actions that were sexually motivated or ./Official_Senstive_SoS_Decision_for_Alexander_Martin_Redacted_-_FINAL.pdf: of a sexual nature and/or that use or exploit the trust, knowledge or influence ./Official_Senstive_SoS_Decision_for_Alexander_Martin_Redacted_-_FINAL.pdf- derived from the individual’s professional position. ./Official_Senstive_SoS_Decision_for_Alexander_Martin_Redacted_-_FINAL.pdf- ./Official_Senstive_SoS_Decision_for_Alexander_Martin_Redacted_-_FINAL.pdf-Even though some of the behaviour found proved in this case indicated that a prohibition ./Official_Senstive_SoS_Decision_for_Alexander_Martin_Redacted_-_FINAL.pdf-order would be appropriate, the panel went on to consider the mitigating factors. ./Official_Senstive_SoS_Decision_for_Alexander_Martin_Redacted_-_FINAL.pdf-Mitigating factors may indicate that a prohibition order would not be appropriate or ./Official_Senstive_SoS_Decision_for_Alexander_Martin_Redacted_-_FINAL.pdf-proportionate. ./Official_Senstive_SoS_Decision_for_Alexander_Martin_Redacted_-_FINAL.pdf- ./Official_Senstive_SoS_Decision_for_Alexander_Martin_Redacted_-_FINAL.pdf- ./Official_Senstive_SoS_Decision_for_Alexander_Martin_Redacted_-_FINAL.pdf- 11 ./Official_Senstive_SoS_Decision_for_Alexander_Martin_Redacted_-_FINAL.pdf- -- ./Official_Senstive_SoS_Decision_for_Alexander_Martin_Redacted_-_FINAL.pdf- ./Official_Senstive_SoS_Decision_for_Alexander_Martin_Redacted_-_FINAL.pdf- • There was no clear evidence of insight. It was apparent that Mr Martin did not ./Official_Senstive_SoS_Decision_for_Alexander_Martin_Redacted_-_FINAL.pdf- plead guilty at the first available opportunity and appeared to still contest aspects ./Official_Senstive_SoS_Decision_for_Alexander_Martin_Redacted_-_FINAL.pdf- of the charges against him. ./Official_Senstive_SoS_Decision_for_Alexander_Martin_Redacted_-_FINAL.pdf- ./Official_Senstive_SoS_Decision_for_Alexander_Martin_Redacted_-_FINAL.pdf- • His actions amounted to a clear breach of the Teachers' Standards and raised ./Official_Senstive_SoS_Decision_for_Alexander_Martin_Redacted_-_FINAL.pdf- serious public and child protection concerns. ./Official_Senstive_SoS_Decision_for_Alexander_Martin_Redacted_-_FINAL.pdf- ./Official_Senstive_SoS_Decision_for_Alexander_Martin_Redacted_-_FINAL.pdf- • Mr Martin has been convicted of very serious offences, the majority of which ./Official_Senstive_SoS_Decision_for_Alexander_Martin_Redacted_-_FINAL.pdf- involved children, and was sentenced to lengthy term of imprisonment, an ./Official_Senstive_SoS_Decision_for_Alexander_Martin_Redacted_-_FINAL.pdf: indefinite sex offenders notice and a sexual harm prevention order for 10 years. ./Official_Senstive_SoS_Decision_for_Alexander_Martin_Redacted_-_FINAL.pdf- ./Official_Senstive_SoS_Decision_for_Alexander_Martin_Redacted_-_FINAL.pdf- • His actions involved harm and abuse to children. ./Official_Senstive_SoS_Decision_for_Alexander_Martin_Redacted_-_FINAL.pdf- ./Official_Senstive_SoS_Decision_for_Alexander_Martin_Redacted_-_FINAL.pdf- • Mr Martin was the designated safeguarding lead for the School. ./Official_Senstive_SoS_Decision_for_Alexander_Martin_Redacted_-_FINAL.pdf- ./Official_Senstive_SoS_Decision_for_Alexander_Martin_Redacted_-_FINAL.pdf- • Mr Martin was in a leadership position and a position of trust and responsibility. He ./Official_Senstive_SoS_Decision_for_Alexander_Martin_Redacted_-_FINAL.pdf- was also a role model. He had fallen very far short of the standards expected of ./Official_Senstive_SoS_Decision_for_Alexander_Martin_Redacted_-_FINAL.pdf- him in that regard. ./Official_Senstive_SoS_Decision_for_Alexander_Martin_Redacted_-_FINAL.pdf- ./Official_Senstive_SoS_Decision_for_Alexander_Martin_Redacted_-_FINAL.pdf- • Mr Martin's actions undoubtedly had a detrimental impact on the School, its pupils -- ./Official_Senstive_SoS_Decision_for_Alexander_Martin_Redacted_-_FINAL.pdf-Martin's actions and the public and child protection issues this gives rise to: ./Official_Senstive_SoS_Decision_for_Alexander_Martin_Redacted_-_FINAL.pdf- ./Official_Senstive_SoS_Decision_for_Alexander_Martin_Redacted_-_FINAL.pdf- • In relation to the content of chats engaged in by Mr Martin, "they are not repeated ./Official_Senstive_SoS_Decision_for_Alexander_Martin_Redacted_-_FINAL.pdf- in open court because the courts are not about the business of publicising that ./Official_Senstive_SoS_Decision_for_Alexander_Martin_Redacted_-_FINAL.pdf- which is so revolting that it should not be published, but you and I know the ./Official_Senstive_SoS_Decision_for_Alexander_Martin_Redacted_-_FINAL.pdf- content of those chats and you and I know now depraved and revolting and how ./Official_Senstive_SoS_Decision_for_Alexander_Martin_Redacted_-_FINAL.pdf- bordering on sadistic they are." ./Official_Senstive_SoS_Decision_for_Alexander_Martin_Redacted_-_FINAL.pdf- ./Official_Senstive_SoS_Decision_for_Alexander_Martin_Redacted_-_FINAL.pdf- • "What paedophiles like yourself tend to do, is to think that because they are ./Official_Senstive_SoS_Decision_for_Alexander_Martin_Redacted_-_FINAL.pdf- looking at images on a screen, that it is not real children who are being abused, ./Official_Senstive_SoS_Decision_for_Alexander_Martin_Redacted_-_FINAL.pdf: physically, sexually depraved, their innocence ripped away from them and it filmed ./Official_Senstive_SoS_Decision_for_Alexander_Martin_Redacted_-_FINAL.pdf: so that paedophiles like you can get some sexual pleasure. And that’s the ./Official_Senstive_SoS_Decision_for_Alexander_Martin_Redacted_-_FINAL.pdf- seriousness of these offences because the damage that it does to the children is ./Official_Senstive_SoS_Decision_for_Alexander_Martin_Redacted_-_FINAL.pdf- not only the physical damage, not only the deprivation of their innocence, but it is ./Official_Senstive_SoS_Decision_for_Alexander_Martin_Redacted_-_FINAL.pdf- the fact that as they grow up and grow older, they have to live with the fact that ./Official_Senstive_SoS_Decision_for_Alexander_Martin_Redacted_-_FINAL.pdf- paedophiles like yourself have watched them being depraved and abused, and ./Official_Senstive_SoS_Decision_for_Alexander_Martin_Redacted_-_FINAL.pdf- that is why these offences are so serious. And that is why the content of those ./Official_Senstive_SoS_Decision_for_Alexander_Martin_Redacted_-_FINAL.pdf: chats is so despicable, particularly when one factors in that it’s all for your sexual ./Official_Senstive_SoS_Decision_for_Alexander_Martin_Redacted_-_FINAL.pdf: pleasure, when they think that people can sink no lower than to get sexual ./Official_Senstive_SoS_Decision_for_Alexander_Martin_Redacted_-_FINAL.pdf- enjoyment through the pain, suffering and deprivation of children." ./Official_Senstive_SoS_Decision_for_Alexander_Martin_Redacted_-_FINAL.pdf- ./Official_Senstive_SoS_Decision_for_Alexander_Martin_Redacted_-_FINAL.pdf- • "So that’s why these offences are so serious, and it’s also very serious that by ./Official_Senstive_SoS_Decision_for_Alexander_Martin_Redacted_-_FINAL.pdf- virtue of your job as a head teacher in an infant school, you have let down the ./Official_Senstive_SoS_Decision_for_Alexander_Martin_Redacted_-_FINAL.pdf- community generally. Parents, people who had trust in you, your own family who ./Official_Senstive_SoS_Decision_for_Alexander_Martin_Redacted_-_FINAL.pdf- sit in court supporting you, although that is serious, make no mistake it’s ./Official_Senstive_SoS_Decision_for_Alexander_Martin_Redacted_-_FINAL.pdf- secondary to the damage that’s done to the children." ./Official_Senstive_SoS_Decision_for_Alexander_Martin_Redacted_-_FINAL.pdf- ./Official_Senstive_SoS_Decision_for_Alexander_Martin_Redacted_-_FINAL.pdf-The panel was therefore of the view that prohibition was both proportionate and ./Official_Senstive_SoS_Decision_for_Alexander_Martin_Redacted_-_FINAL.pdf-appropriate. The panel decided that the public interest considerations outweighed the -- ./Official_Senstive_SoS_Decision_for_Alexander_Martin_Redacted_-_FINAL.pdf- ./Official_Senstive_SoS_Decision_for_Alexander_Martin_Redacted_-_FINAL.pdf- ▪ serious departure from the personal and professional conduct elements of the ./Official_Senstive_SoS_Decision_for_Alexander_Martin_Redacted_-_FINAL.pdf- Teachers’ Standards. ./Official_Senstive_SoS_Decision_for_Alexander_Martin_Redacted_-_FINAL.pdf- ./Official_Senstive_SoS_Decision_for_Alexander_Martin_Redacted_-_FINAL.pdf- ▪ actions or behaviours that undermine fundamental British values of democracy, ./Official_Senstive_SoS_Decision_for_Alexander_Martin_Redacted_-_FINAL.pdf- the rule of law, individual liberty, and mutual respect and tolerance of those with ./Official_Senstive_SoS_Decision_for_Alexander_Martin_Redacted_-_FINAL.pdf- different faiths and beliefs. ./Official_Senstive_SoS_Decision_for_Alexander_Martin_Redacted_-_FINAL.pdf- ./Official_Senstive_SoS_Decision_for_Alexander_Martin_Redacted_-_FINAL.pdf- ▪ abuse of position and trust. ./Official_Senstive_SoS_Decision_for_Alexander_Martin_Redacted_-_FINAL.pdf- ./Official_Senstive_SoS_Decision_for_Alexander_Martin_Redacted_-_FINAL.pdf: ▪ sexual misconduct, for example, involving actions that were sexually motivated or ./Official_Senstive_SoS_Decision_for_Alexander_Martin_Redacted_-_FINAL.pdf: of a sexual nature and/or that use or exploit the trust, knowledge or influence ./Official_Senstive_SoS_Decision_for_Alexander_Martin_Redacted_-_FINAL.pdf- derived from the individual’s professional position. ./Official_Senstive_SoS_Decision_for_Alexander_Martin_Redacted_-_FINAL.pdf- ./Official_Senstive_SoS_Decision_for_Alexander_Martin_Redacted_-_FINAL.pdf-I have to determine whether the imposition of a prohibition order is proportionate and in ./Official_Senstive_SoS_Decision_for_Alexander_Martin_Redacted_-_FINAL.pdf-the public interest. In considering that for this case, I have considered the overall aim of a ./Official_Senstive_SoS_Decision_for_Alexander_Martin_Redacted_-_FINAL.pdf-prohibition order which is to protect pupils and to maintain public confidence in the ./Official_Senstive_SoS_Decision_for_Alexander_Martin_Redacted_-_FINAL.pdf- ./Official_Senstive_SoS_Decision_for_Alexander_Martin_Redacted_-_FINAL.pdf- ./Official_Senstive_SoS_Decision_for_Alexander_Martin_Redacted_-_FINAL.pdf- ./Official_Senstive_SoS_Decision_for_Alexander_Martin_Redacted_-_FINAL.pdf- 15 ./Official_Senstive_SoS_Decision_for_Alexander_Martin_Redacted_-_FINAL.pdf- ./Oldfield__Andrew_SoS_Decision_Accessibility_Checked.pdf-Allegations ./Oldfield__Andrew_SoS_Decision_Accessibility_Checked.pdf-The panel considered the allegations set out in the notice of meeting dated 2 March ./Oldfield__Andrew_SoS_Decision_Accessibility_Checked.pdf-2022. ./Oldfield__Andrew_SoS_Decision_Accessibility_Checked.pdf- ./Oldfield__Andrew_SoS_Decision_Accessibility_Checked.pdf-It was alleged that Mr Oldfield was guilty of having been convicted of a relevant offence, ./Oldfield__Andrew_SoS_Decision_Accessibility_Checked.pdf-in that on 23 September 2020 he was convicted of: ./Oldfield__Andrew_SoS_Decision_Accessibility_Checked.pdf- ./Oldfield__Andrew_SoS_Decision_Accessibility_Checked.pdf:1. Adult sexual activity with a female child [REDACTED] aged between 13 and 17, ./Oldfield__Andrew_SoS_Decision_Accessibility_Checked.pdf- offender over 18, penetration between 1 June 2019 and 5 January 2020, contrary to ./Oldfield__Andrew_SoS_Decision_Accessibility_Checked.pdf- the Sexual Offences Act 2003 s.25 (1) (e) (i); ./Oldfield__Andrew_SoS_Decision_Accessibility_Checked.pdf- ./Oldfield__Andrew_SoS_Decision_Accessibility_Checked.pdf:2. Adult sexual activity with a female child [REDACTED] aged between 13 and 17, ./Oldfield__Andrew_SoS_Decision_Accessibility_Checked.pdf- offender over 18, penetration between 1 June 2019 and 5 January 2020, contrary to ./Oldfield__Andrew_SoS_Decision_Accessibility_Checked.pdf- the Sexual Offences Act 2003 s.25 (1) (e) (i); ./Oldfield__Andrew_SoS_Decision_Accessibility_Checked.pdf- ./Oldfield__Andrew_SoS_Decision_Accessibility_Checked.pdf:3. Adult sexual activity with a female child [REDACTED] aged between 13 and 17, ./Oldfield__Andrew_SoS_Decision_Accessibility_Checked.pdf- Offender over 18, penetration between 1 June 2019 and 5 January 2020, contrary to ./Oldfield__Andrew_SoS_Decision_Accessibility_Checked.pdf- the Sexual Offences Act 2003 s.25 (1) (e) (i); ./Oldfield__Andrew_SoS_Decision_Accessibility_Checked.pdf- ./Oldfield__Andrew_SoS_Decision_Accessibility_Checked.pdf:4. Adult sexual activity with a female child [REDACTED] aged between 13 and 17, ./Oldfield__Andrew_SoS_Decision_Accessibility_Checked.pdf- Offender over 18 - penetration between 1 June 2019 and 5 January 2020, contrary to ./Oldfield__Andrew_SoS_Decision_Accessibility_Checked.pdf- the Sexual Offences Act 2003 s.25 (1) (e) (i). ./Oldfield__Andrew_SoS_Decision_Accessibility_Checked.pdf- ./Oldfield__Andrew_SoS_Decision_Accessibility_Checked.pdf-Mr Oldfield admitted the facts of allegations 1 to 4 and that his behaviour amounted to a ./Oldfield__Andrew_SoS_Decision_Accessibility_Checked.pdf-conviction of a relevant offence, as set out and signed by him, in the response to the ./Oldfield__Andrew_SoS_Decision_Accessibility_Checked.pdf-notice of referral dated 1 November 2021 and in the statement of agreed facts signed by ./Oldfield__Andrew_SoS_Decision_Accessibility_Checked.pdf-his representative on 6 December 2021. ./Oldfield__Andrew_SoS_Decision_Accessibility_Checked.pdf- ./Oldfield__Andrew_SoS_Decision_Accessibility_Checked.pdf- ./Oldfield__Andrew_SoS_Decision_Accessibility_Checked.pdf-Preliminary applications -- ./Oldfield__Andrew_SoS_Decision_Accessibility_Checked.pdf-In advance of the meeting, the TRA agreed to a request from Mr Oldfield for the ./Oldfield__Andrew_SoS_Decision_Accessibility_Checked.pdf-allegations to be considered without a hearing. The panel had the ability to direct that the ./Oldfield__Andrew_SoS_Decision_Accessibility_Checked.pdf-case be considered at a hearing if required in the interests of justice or in the public ./Oldfield__Andrew_SoS_Decision_Accessibility_Checked.pdf-interest. The panel did not determine that such a direction was necessary or appropriate ./Oldfield__Andrew_SoS_Decision_Accessibility_Checked.pdf-in this case. ./Oldfield__Andrew_SoS_Decision_Accessibility_Checked.pdf- ./Oldfield__Andrew_SoS_Decision_Accessibility_Checked.pdf-Mr Oldfield was employed as a class teacher at Horn’s Mill Primary School (‘the School’) ./Oldfield__Andrew_SoS_Decision_Accessibility_Checked.pdf-from 23 April 2018. ./Oldfield__Andrew_SoS_Decision_Accessibility_Checked.pdf- ./Oldfield__Andrew_SoS_Decision_Accessibility_Checked.pdf-On 6 January 2020, Mr Oldfield voluntarily attended Widnes Police Station and disclosed ./Oldfield__Andrew_SoS_Decision_Accessibility_Checked.pdf:to the police that he had had sexual contact with [REDACTED]. ./Oldfield__Andrew_SoS_Decision_Accessibility_Checked.pdf- ./Oldfield__Andrew_SoS_Decision_Accessibility_Checked.pdf-On 28 July 2020, Mr Oldfield’s employment at the School was terminated. ./Oldfield__Andrew_SoS_Decision_Accessibility_Checked.pdf- ./Oldfield__Andrew_SoS_Decision_Accessibility_Checked.pdf:Mr Oldfield was convicted of four counts of adult sexual activity with a female child ./Oldfield__Andrew_SoS_Decision_Accessibility_Checked.pdf-[REDACTED] aged 13-17 – offender over 18 – penetration, at Liverpool Crown Court on ./Oldfield__Andrew_SoS_Decision_Accessibility_Checked.pdf-23 September 2020. Mr Oldfield was sentenced on 23 October 2020. ./Oldfield__Andrew_SoS_Decision_Accessibility_Checked.pdf- ./Oldfield__Andrew_SoS_Decision_Accessibility_Checked.pdf- ./Oldfield__Andrew_SoS_Decision_Accessibility_Checked.pdf- ./Oldfield__Andrew_SoS_Decision_Accessibility_Checked.pdf- 5 ./Oldfield__Andrew_SoS_Decision_Accessibility_Checked.pdf- -- ./Oldfield__Andrew_SoS_Decision_Accessibility_Checked.pdf-Findings of fact ./Oldfield__Andrew_SoS_Decision_Accessibility_Checked.pdf- ./Oldfield__Andrew_SoS_Decision_Accessibility_Checked.pdf-The findings of fact are as follows: ./Oldfield__Andrew_SoS_Decision_Accessibility_Checked.pdf- ./Oldfield__Andrew_SoS_Decision_Accessibility_Checked.pdf-The panel found the following particulars of the allegations against you proved, for these ./Oldfield__Andrew_SoS_Decision_Accessibility_Checked.pdf-reasons: ./Oldfield__Andrew_SoS_Decision_Accessibility_Checked.pdf- ./Oldfield__Andrew_SoS_Decision_Accessibility_Checked.pdf:1. Adult sexual activity with a female child [REDACTED] aged between 13 and 17, ./Oldfield__Andrew_SoS_Decision_Accessibility_Checked.pdf- offender over 18, penetration between 1 June 2019 and 5 January 2020, ./Oldfield__Andrew_SoS_Decision_Accessibility_Checked.pdf- contrary to the Sexual Offences Act 2003 s.25 (1) (e) (i); ./Oldfield__Andrew_SoS_Decision_Accessibility_Checked.pdf- ./Oldfield__Andrew_SoS_Decision_Accessibility_Checked.pdf:2. Adult sexual activity with a female child [REDACTED] aged between 13 and 17, ./Oldfield__Andrew_SoS_Decision_Accessibility_Checked.pdf- offender over 18, penetration between 1 June 2019 and 5 January 2020, ./Oldfield__Andrew_SoS_Decision_Accessibility_Checked.pdf- contrary to the Sexual Offences Act 2003 s.25 (1) (e) (i); ./Oldfield__Andrew_SoS_Decision_Accessibility_Checked.pdf- ./Oldfield__Andrew_SoS_Decision_Accessibility_Checked.pdf:3. Adult sexual activity with a female child [REDACTED] aged between 13 and 17, ./Oldfield__Andrew_SoS_Decision_Accessibility_Checked.pdf- Offender over 18, penetration between 1 June 2019 and 5 January 2020, ./Oldfield__Andrew_SoS_Decision_Accessibility_Checked.pdf- contrary to the Sexual Offences Act 2003 s.25 (1) (e) (i); ./Oldfield__Andrew_SoS_Decision_Accessibility_Checked.pdf- ./Oldfield__Andrew_SoS_Decision_Accessibility_Checked.pdf:4. Adult sexual activity with a female child [REDACTED] aged between 13 and 17, ./Oldfield__Andrew_SoS_Decision_Accessibility_Checked.pdf- Offender over 18 - penetration between 1 June 2019 and 5 January 2020, ./Oldfield__Andrew_SoS_Decision_Accessibility_Checked.pdf- contrary to the Sexual Offences Act 2003 s.25 (1) (e) (i). ./Oldfield__Andrew_SoS_Decision_Accessibility_Checked.pdf- ./Oldfield__Andrew_SoS_Decision_Accessibility_Checked.pdf-The panel considered the statement of agreed facts, signed by Mr Oldfield’s ./Oldfield__Andrew_SoS_Decision_Accessibility_Checked.pdf-representative on his behalf, on 6 December 2021. In that statement of agreed facts, Mr ./Oldfield__Andrew_SoS_Decision_Accessibility_Checked.pdf-Oldfield admitted the particulars of allegations 1, 2, 3 and 4. Further, it was admitted the ./Oldfield__Andrew_SoS_Decision_Accessibility_Checked.pdf-facts of the allegations amounted to a conviction of a relevant offence. ./Oldfield__Andrew_SoS_Decision_Accessibility_Checked.pdf- ./Oldfield__Andrew_SoS_Decision_Accessibility_Checked.pdf-The panel noted page 8 of the Teacher Misconduct: The Prohibition of Teachers (‘the ./Oldfield__Andrew_SoS_Decision_Accessibility_Checked.pdf-Advice’) which states that where there has been a conviction at any time, of a criminal ./Oldfield__Andrew_SoS_Decision_Accessibility_Checked.pdf-offence, the panel will accept the certificate of conviction as conclusive proof of both the ./Oldfield__Andrew_SoS_Decision_Accessibility_Checked.pdf-conviction and the facts necessarily implied by the conviction, unless exceptional ./Oldfield__Andrew_SoS_Decision_Accessibility_Checked.pdf-circumstances apply. The panel did not find that any exceptional circumstances applied ./Oldfield__Andrew_SoS_Decision_Accessibility_Checked.pdf-in this case. ./Oldfield__Andrew_SoS_Decision_Accessibility_Checked.pdf- ./Oldfield__Andrew_SoS_Decision_Accessibility_Checked.pdf-The panel had been provided with a copy of the certificate of conviction from Liverpool ./Oldfield__Andrew_SoS_Decision_Accessibility_Checked.pdf-Crown Court, which detailed that Mr Oldfield had been convicted of four counts of adult ./Oldfield__Andrew_SoS_Decision_Accessibility_Checked.pdf:sexual activity with a female child [REDACTED] aged 13-17 – offender over 18 – ./Oldfield__Andrew_SoS_Decision_Accessibility_Checked.pdf-penetration between 1 June 2019 and 5 January 2020. The panel specifically noted the ./Oldfield__Andrew_SoS_Decision_Accessibility_Checked.pdf-certificate of conviction stated that Mr Oldfield had been convicted upon his own ./Oldfield__Andrew_SoS_Decision_Accessibility_Checked.pdf-confession. ./Oldfield__Andrew_SoS_Decision_Accessibility_Checked.pdf- ./Oldfield__Andrew_SoS_Decision_Accessibility_Checked.pdf-In respect of the allegations, Mr Oldfield was sentenced at Liverpool Crown Court on 23 ./Oldfield__Andrew_SoS_Decision_Accessibility_Checked.pdf-October 2020 to 4 year’s imprisonment on each offence to run concurrent. In addition, he ./Oldfield__Andrew_SoS_Decision_Accessibility_Checked.pdf-was made subject to a Restraining Order until 3 June 2026, ordered to pay a victim ./Oldfield__Andrew_SoS_Decision_Accessibility_Checked.pdf- ./Oldfield__Andrew_SoS_Decision_Accessibility_Checked.pdf- 6 ./Oldfield__Andrew_SoS_Decision_Accessibility_Checked.pdf- -- ./Oldfield__Andrew_SoS_Decision_Accessibility_Checked.pdf- • Teachers must have an understanding of, and always act within, the statutory ./Oldfield__Andrew_SoS_Decision_Accessibility_Checked.pdf- frameworks which set out their professional duties and responsibilities. ./Oldfield__Andrew_SoS_Decision_Accessibility_Checked.pdf- ./Oldfield__Andrew_SoS_Decision_Accessibility_Checked.pdf-Mr Oldfield’s conduct was of the utmost seriousness and completely incompatible with ./Oldfield__Andrew_SoS_Decision_Accessibility_Checked.pdf-the standards and behaviour expected of any member of the public, let alone a teacher ./Oldfield__Andrew_SoS_Decision_Accessibility_Checked.pdf-who is placed in the position of trust with children. ./Oldfield__Andrew_SoS_Decision_Accessibility_Checked.pdf- ./Oldfield__Andrew_SoS_Decision_Accessibility_Checked.pdf-The panel noted that Mr Oldfield’s actions took place outside of the education setting and ./Oldfield__Andrew_SoS_Decision_Accessibility_Checked.pdf-did not involve any pupils or members of staff at the School. The panel was aware that ./Oldfield__Andrew_SoS_Decision_Accessibility_Checked.pdf-an offence can be considered relevant even if it did not involve misconduct in the course ./Oldfield__Andrew_SoS_Decision_Accessibility_Checked.pdf:of teaching. The panel concluded that Mr Oldfield’s criminal conduct, sexual activity with ./Oldfield__Andrew_SoS_Decision_Accessibility_Checked.pdf-a female child [REDACTED] aged 13-17 – offender over 18 – penetration, was highly ./Oldfield__Andrew_SoS_Decision_Accessibility_Checked.pdf-relevant to teaching, working with children and/or working in an education setting. ./Oldfield__Andrew_SoS_Decision_Accessibility_Checked.pdf- ./Oldfield__Andrew_SoS_Decision_Accessibility_Checked.pdf-The panel noted that the behaviour involved in committing the offence could have had an ./Oldfield__Andrew_SoS_Decision_Accessibility_Checked.pdf-impact on the safety or security of pupils and/or members of the public. ./Oldfield__Andrew_SoS_Decision_Accessibility_Checked.pdf- ./Oldfield__Andrew_SoS_Decision_Accessibility_Checked.pdf-The panel also took account of the way the teaching profession is viewed by others. The ./Oldfield__Andrew_SoS_Decision_Accessibility_Checked.pdf-panel considered that Mr Oldfield’s behaviour in committing the offences would affect ./Oldfield__Andrew_SoS_Decision_Accessibility_Checked.pdf-public confidence in the teaching profession, given the influence that teachers may have ./Oldfield__Andrew_SoS_Decision_Accessibility_Checked.pdf-on pupils, parents and others in the community. -- ./Oldfield__Andrew_SoS_Decision_Accessibility_Checked.pdf:This was a case involving an offence of sexual activity, which the Advice states is more ./Oldfield__Andrew_SoS_Decision_Accessibility_Checked.pdf-likely to be considered a relevant offence. ./Oldfield__Andrew_SoS_Decision_Accessibility_Checked.pdf- ./Oldfield__Andrew_SoS_Decision_Accessibility_Checked.pdf-The panel found that the seriousness of the offending behaviour that led to the conviction ./Oldfield__Andrew_SoS_Decision_Accessibility_Checked.pdf-was relevant to Mr Oldfield’s ongoing suitability to teach. The panel considered that a ./Oldfield__Andrew_SoS_Decision_Accessibility_Checked.pdf-finding that these convictions, for relevant offences, was necessary to reaffirm clear ./Oldfield__Andrew_SoS_Decision_Accessibility_Checked.pdf-standards of conduct so as to maintain public confidence in the teaching profession. ./Oldfield__Andrew_SoS_Decision_Accessibility_Checked.pdf- ./Oldfield__Andrew_SoS_Decision_Accessibility_Checked.pdf-In summary, the panel found the facts of allegations 1, 2, 3 and 4 proven and that the ./Oldfield__Andrew_SoS_Decision_Accessibility_Checked.pdf-proven facts amounted to a relevant offence. ./Oldfield__Andrew_SoS_Decision_Accessibility_Checked.pdf- -- ./Oldfield__Andrew_SoS_Decision_Accessibility_Checked.pdf-orders should not be given in order to be punitive, or to show that blame has been ./Oldfield__Andrew_SoS_Decision_Accessibility_Checked.pdf-apportioned, although they are likely to have punitive effect. ./Oldfield__Andrew_SoS_Decision_Accessibility_Checked.pdf- ./Oldfield__Andrew_SoS_Decision_Accessibility_Checked.pdf-The panel had regard to the particular public interest considerations set out in the Advice ./Oldfield__Andrew_SoS_Decision_Accessibility_Checked.pdf-and, having done so, found a number of them to be relevant in this case, namely: the ./Oldfield__Andrew_SoS_Decision_Accessibility_Checked.pdf-safeguarding and wellbeing of pupils and the protection of other members of the public; ./Oldfield__Andrew_SoS_Decision_Accessibility_Checked.pdf-the maintenance of public confidence in the profession; and declaring and upholding ./Oldfield__Andrew_SoS_Decision_Accessibility_Checked.pdf-proper standards of conduct. ./Oldfield__Andrew_SoS_Decision_Accessibility_Checked.pdf- ./Oldfield__Andrew_SoS_Decision_Accessibility_Checked.pdf-In the light of the panel’s findings against Mr Oldfield, which involved convictions for four ./Oldfield__Andrew_SoS_Decision_Accessibility_Checked.pdf:counts of adult sexual activity with a female child [REDACTED] aged between 13 and 17, ./Oldfield__Andrew_SoS_Decision_Accessibility_Checked.pdf-involving penetration, there was a strong public interest consideration in respect of the ./Oldfield__Andrew_SoS_Decision_Accessibility_Checked.pdf-protection of pupils given the serious findings of inappropriate relationships with children. ./Oldfield__Andrew_SoS_Decision_Accessibility_Checked.pdf- ./Oldfield__Andrew_SoS_Decision_Accessibility_Checked.pdf-Similarly, the panel considered that public confidence in the profession would be ./Oldfield__Andrew_SoS_Decision_Accessibility_Checked.pdf-seriously weakened if conduct such as that found against Mr Oldfield were not treated ./Oldfield__Andrew_SoS_Decision_Accessibility_Checked.pdf-with the utmost seriousness when regulating the conduct of the profession. ./Oldfield__Andrew_SoS_Decision_Accessibility_Checked.pdf- ./Oldfield__Andrew_SoS_Decision_Accessibility_Checked.pdf-The panel decided that a strong public interest consideration in declaring proper ./Oldfield__Andrew_SoS_Decision_Accessibility_Checked.pdf-standards of conduct in the profession was also present as the conduct found against Mr ./Oldfield__Andrew_SoS_Decision_Accessibility_Checked.pdf-Oldfield was outside that which could reasonably be tolerated. -- ./Oldfield__Andrew_SoS_Decision_Accessibility_Checked.pdf-The panel was of the view that prohibition was both proportionate and appropriate. The ./Oldfield__Andrew_SoS_Decision_Accessibility_Checked.pdf-panel decided that the public interest considerations outweighed the interests of Mr ./Oldfield__Andrew_SoS_Decision_Accessibility_Checked.pdf:Oldfield. The seriousness of the convictions, involving sexual activity, was a significant ./Oldfield__Andrew_SoS_Decision_Accessibility_Checked.pdf-factor in forming that opinion. Accordingly, the panel made a recommendation to the ./Oldfield__Andrew_SoS_Decision_Accessibility_Checked.pdf-Secretary of State that a prohibition order should be imposed with immediate effect. ./Oldfield__Andrew_SoS_Decision_Accessibility_Checked.pdf- ./Oldfield__Andrew_SoS_Decision_Accessibility_Checked.pdf-The panel went on to consider whether or not it would be appropriate to recommend that ./Oldfield__Andrew_SoS_Decision_Accessibility_Checked.pdf-a review period of the order should be considered. The panel was mindful that the Advice ./Oldfield__Andrew_SoS_Decision_Accessibility_Checked.pdf-states that a prohibition order applies for life, but there may be circumstances, in any ./Oldfield__Andrew_SoS_Decision_Accessibility_Checked.pdf-given case, that may make it appropriate to allow a teacher to apply to have the ./Oldfield__Andrew_SoS_Decision_Accessibility_Checked.pdf-prohibition order reviewed after a specified period of time that may not be less than two ./Oldfield__Andrew_SoS_Decision_Accessibility_Checked.pdf-years. ./Oldfield__Andrew_SoS_Decision_Accessibility_Checked.pdf- ./Oldfield__Andrew_SoS_Decision_Accessibility_Checked.pdf-The Advice indicates that there are behaviours that, if proved, would militate against the ./Oldfield__Andrew_SoS_Decision_Accessibility_Checked.pdf-recommendation of a review period. One of these behaviours is the commission of a ./Oldfield__Andrew_SoS_Decision_Accessibility_Checked.pdf-serious criminal offence, including those that resulted in a conviction or caution. The ./Oldfield__Andrew_SoS_Decision_Accessibility_Checked.pdf:panel found that Mr Oldfield was convicted of four counts of adult sexual activity with a ./Oldfield__Andrew_SoS_Decision_Accessibility_Checked.pdf-female child [REDACTED] aged between 13 and 17, involving penetration. The panel ./Oldfield__Andrew_SoS_Decision_Accessibility_Checked.pdf-was in no doubt that Mr Oldfield’s misconduct was of the most serious kind and his ./Oldfield__Andrew_SoS_Decision_Accessibility_Checked.pdf-conduct was wholly incompatible with being a teacher. ./Oldfield__Andrew_SoS_Decision_Accessibility_Checked.pdf- ./Oldfield__Andrew_SoS_Decision_Accessibility_Checked.pdf-The panel decided that the findings indicated a situation in which a review period would ./Oldfield__Andrew_SoS_Decision_Accessibility_Checked.pdf-not be appropriate and, as such, decided that it would be proportionate in all the ./Oldfield__Andrew_SoS_Decision_Accessibility_Checked.pdf-circumstances for the prohibition order to be recommended without provisions for a ./Oldfield__Andrew_SoS_Decision_Accessibility_Checked.pdf-review period. ./Oldfield__Andrew_SoS_Decision_Accessibility_Checked.pdf- ./Oldfield__Andrew_SoS_Decision_Accessibility_Checked.pdf- -- ./Oldfield__Andrew_SoS_Decision_Accessibility_Checked.pdf- • Teachers must have an understanding of, and always act within, the statutory ./Oldfield__Andrew_SoS_Decision_Accessibility_Checked.pdf- frameworks which set out their professional duties and responsibilities. ./Oldfield__Andrew_SoS_Decision_Accessibility_Checked.pdf- ./Oldfield__Andrew_SoS_Decision_Accessibility_Checked.pdf-In addition, the panel has stated, “Mr Oldfield’s conduct was of the utmost seriousness ./Oldfield__Andrew_SoS_Decision_Accessibility_Checked.pdf-and completely incompatible with the standards and behaviour expected of any member ./Oldfield__Andrew_SoS_Decision_Accessibility_Checked.pdf-of the public, let alone a teacher who is placed in the position of trust with children.” ./Oldfield__Andrew_SoS_Decision_Accessibility_Checked.pdf- ./Oldfield__Andrew_SoS_Decision_Accessibility_Checked.pdf-The findings of misconduct are particularly serious as they include a finding of adult ./Oldfield__Andrew_SoS_Decision_Accessibility_Checked.pdf:sexual activity with a female child. ./Oldfield__Andrew_SoS_Decision_Accessibility_Checked.pdf- ./Oldfield__Andrew_SoS_Decision_Accessibility_Checked.pdf-I have to determine whether the imposition of a prohibition order is proportionate and in ./Oldfield__Andrew_SoS_Decision_Accessibility_Checked.pdf-the public interest. In considering that for this case, I have considered the overall aim of a ./Oldfield__Andrew_SoS_Decision_Accessibility_Checked.pdf-prohibition order which is to protect pupils and to maintain public confidence in the ./Oldfield__Andrew_SoS_Decision_Accessibility_Checked.pdf-profession. I have considered the extent to which a prohibition order in this case would ./Oldfield__Andrew_SoS_Decision_Accessibility_Checked.pdf-achieve that aim taking into account the impact that it will have on the individual teacher. ./Oldfield__Andrew_SoS_Decision_Accessibility_Checked.pdf-I have also asked myself, whether a less intrusive measure, such as the published ./Oldfield__Andrew_SoS_Decision_Accessibility_Checked.pdf-finding of unacceptable professional conduct and conduct that may bring the profession ./Oldfield__Andrew_SoS_Decision_Accessibility_Checked.pdf-into disrepute, would itself be sufficient to achieve the overall aim. I have to consider ./Oldfield__Andrew_SoS_Decision_Accessibility_Checked.pdf-whether the consequences of such a publication are themselves sufficient. I have ./Oldfield__Andrew_SoS_Decision_Accessibility_Checked.pdf-considered therefore whether or not prohibiting Mr Oldfield, and the impact that will have ./Oldfield__Andrew_SoS_Decision_Accessibility_Checked.pdf-on the teacher, is proportionate and in the public interest. ./Oldfield__Andrew_SoS_Decision_Accessibility_Checked.pdf- ./Oldfield__Andrew_SoS_Decision_Accessibility_Checked.pdf-In this case, I have considered the extent to which a prohibition order would protect ./Oldfield__Andrew_SoS_Decision_Accessibility_Checked.pdf-children and safeguard pupils. The panel has observed, “the panel’s findings against Mr ./Oldfield__Andrew_SoS_Decision_Accessibility_Checked.pdf:Oldfield, which involved convictions for four counts of adult sexual activity with a female ./Oldfield__Andrew_SoS_Decision_Accessibility_Checked.pdf-child [REDACTED] aged between 13 and 17, involving penetration, there was a strong ./Oldfield__Andrew_SoS_Decision_Accessibility_Checked.pdf-public interest consideration in respect of the protection of pupils given the serious ./Oldfield__Andrew_SoS_Decision_Accessibility_Checked.pdf-findings of inappropriate relationships with children.” A prohibition order would therefore ./Oldfield__Andrew_SoS_Decision_Accessibility_Checked.pdf-prevent such a risk from being present in the future. ./Oldfield__Andrew_SoS_Decision_Accessibility_Checked.pdf- ./Oldfield__Andrew_SoS_Decision_Accessibility_Checked.pdf-I have also taken into account the panel’s comments on insight and remorse, which the ./Oldfield__Andrew_SoS_Decision_Accessibility_Checked.pdf-panel sets out as follows, “The panel noted that Mr Oldfield had reported himself to the ./Oldfield__Andrew_SoS_Decision_Accessibility_Checked.pdf-police and made admissions to his conduct. However, the panel was not presented with ./Oldfield__Andrew_SoS_Decision_Accessibility_Checked.pdf-any evidence to show that Mr Oldfield was remorseful or had any significant insight into ./Oldfield__Andrew_SoS_Decision_Accessibility_Checked.pdf-his actions.” In my judgement, the lack of full insight means that there is some risk of the -- ./Oldfield__Andrew_SoS_Decision_Accessibility_Checked.pdf:I am particularly mindful of the finding of sexual activity with a child in this case and the ./Oldfield__Andrew_SoS_Decision_Accessibility_Checked.pdf-impact that such a finding has on the reputation of the profession. ./Oldfield__Andrew_SoS_Decision_Accessibility_Checked.pdf- ./Oldfield__Andrew_SoS_Decision_Accessibility_Checked.pdf-I have had to consider that the public has a high expectation of professional standards of ./Oldfield__Andrew_SoS_Decision_Accessibility_Checked.pdf-all teachers and that the public might regard a failure to impose a prohibition order as a ./Oldfield__Andrew_SoS_Decision_Accessibility_Checked.pdf-failure to uphold those high standards. In weighing these considerations, I have had to ./Oldfield__Andrew_SoS_Decision_Accessibility_Checked.pdf-consider the matter from the point of view of an “ordinary intelligent and well-informed ./Oldfield__Andrew_SoS_Decision_Accessibility_Checked.pdf-citizen.” ./Oldfield__Andrew_SoS_Decision_Accessibility_Checked.pdf- ./Oldfield__Andrew_SoS_Decision_Accessibility_Checked.pdf-I have considered whether the publication of a finding of a relevant conviction, in the ./Oldfield__Andrew_SoS_Decision_Accessibility_Checked.pdf-absence of a prohibition order, can itself be regarded by such a person as being a ./Onduso_SoS_Decision_-170918..pdf-The panel has considered the particular public interest considerations set out in the ./Onduso_SoS_Decision_-170918..pdf-Advice and having done so found a number of them to be relevant in this case, namely ./Onduso_SoS_Decision_-170918..pdf-the protection of pupils; the protection of other members of the public the maintenance of ./Onduso_SoS_Decision_-170918..pdf-public confidence in the profession; and declaring and upholding proper standards of ./Onduso_SoS_Decision_-170918..pdf-conduct; and the interest of retaining the teacher in the profession. ./Onduso_SoS_Decision_-170918..pdf- ./Onduso_SoS_Decision_-170918..pdf-The panel found that Mr Onduso made offensive and homophobic comments and ./Onduso_SoS_Decision_-170918..pdf-gestures in the presence of vulnerable pupils. Protection of pupils is an important factor ./Onduso_SoS_Decision_-170918..pdf-given the serious nature of the comments made which demonstrated a lack of tolerance ./Onduso_SoS_Decision_-170918..pdf:and respect on the grounds of sexual orientation. ./Onduso_SoS_Decision_-170918..pdf- ./Onduso_SoS_Decision_-170918..pdf-The panel also found conduct that may bring the profession into disrepute. The panel ./Onduso_SoS_Decision_-170918..pdf-considered that public confidence in the profession could be seriously weakened if ./Onduso_SoS_Decision_-170918..pdf-conduct displaying openly homophobic behaviours, as found against Mr Onduso, was not ./Onduso_SoS_Decision_-170918..pdf-treated with due seriousness when regulating the conduct of the profession. The panel ./Onduso_SoS_Decision_-170918..pdf-considered that the public would expect teachers to encourage pupils to treat every ./Onduso_SoS_Decision_-170918..pdf-individual with respect and to take a strong stand against homophobic and offensive ./Onduso_SoS_Decision_-170918..pdf-behaviours. ./Onduso_SoS_Decision_-170918..pdf- ./Onduso_SoS_Decision_-170918..pdf-The panel considered that a strong public interest consideration in declaring proper -- ./Onduso_SoS_Decision_-170918..pdf- ./Onduso_SoS_Decision_-170918..pdf-  Actions or behaviours that undermine fundamental British values of democracy, ./Onduso_SoS_Decision_-170918..pdf- the rule of law, individual liberty, and mutual respect and tolerance of those with ./Onduso_SoS_Decision_-170918..pdf- different faiths and beliefs; ./Onduso_SoS_Decision_-170918..pdf-Given the findings of offensive and homophobic behaviours, this factor is particularly ./Onduso_SoS_Decision_-170918..pdf-pertinent. The panel took account of the fact that the comments were not made over a ./Onduso_SoS_Decision_-170918..pdf-prolonged period of time. However, it was repeated both to the pupils during a different ./Onduso_SoS_Decision_-170918..pdf-lesson and to the headteacher of the school during the initial investigation. ./Onduso_SoS_Decision_-170918..pdf- ./Onduso_SoS_Decision_-170918..pdf-The panel considered that it is entirely unacceptable for a teacher to make prejudicial ./Onduso_SoS_Decision_-170918..pdf:comments about individuals because of their sexual orientation and that this sort of ./Onduso_SoS_Decision_-170918..pdf-behaviour clearly undermines fundamental British values of mutual respect and tolerance ./Onduso_SoS_Decision_-170918..pdf-of others. ./Onduso_SoS_Decision_-170918..pdf- ./Onduso_SoS_Decision_-170918..pdf-  A deep-seated attitude that leads to harmful behaviour; ./Onduso_SoS_Decision_-170918..pdf-The panel was of the view that Mr Onduso demonstrated a deep-seated attitude that ./Onduso_SoS_Decision_-170918..pdf-leads to harmful behaviour. The panel noted that during discussions with the ./Onduso_SoS_Decision_-170918..pdf-headteacher following the incident, Mr Onduso stated “I don’t encourage gay people ./Onduso_SoS_Decision_-170918..pdf-because of my beliefs, I am a Christian. I don’t condone what they do”. This comment ./Onduso_SoS_Decision_-170918..pdf-was made some time after the first comments were made, outside the stressful ./Onduso_SoS_Decision_-170918..pdf-environment of the classroom. He confirmed his views twice over. -- ./Onduso_SoS_Decision_-170918..pdf-The panel is of the view that prohibition is both proportionate and appropriate. The panel ./Onduso_SoS_Decision_-170918..pdf-has decided that the public interest considerations outweigh the interests of Mr Onduso. ./Onduso_SoS_Decision_-170918..pdf-The nature of the homophobic comments made and the fact that they were made in the ./Onduso_SoS_Decision_-170918..pdf:presence of vulnerable pupils, showing a complete lack of tolerance of sexual orientation ./Onduso_SoS_Decision_-170918..pdf-was a significant factor in forming that opinion. Accordingly, the panel makes a ./Onduso_SoS_Decision_-170918..pdf-recommendation to the Secretary of State that a prohibition order should be imposed with ./Onduso_SoS_Decision_-170918..pdf-immediate effect. ./Onduso_SoS_Decision_-170918..pdf- ./Onduso_SoS_Decision_-170918..pdf-The panel went on to consider whether or not it would be appropriate to decide to ./Onduso_SoS_Decision_-170918..pdf-recommend that a review period of the order should be considered. The panel was ./Onduso_SoS_Decision_-170918..pdf-mindful that the Advice states that a prohibition order applies for life, but there may be ./Onduso_SoS_Decision_-170918..pdf-circumstances in any given case that may make it appropriate to allow a teacher to apply ./Onduso_SoS_Decision_-170918..pdf-to have the prohibition order reviewed after a specified period of time that may not be ./Onduso_SoS_Decision_-170918..pdf-less than 2 years. ./Onduso_SoS_Decision_-170918..pdf- ./Onduso_SoS_Decision_-170918..pdf-The Advice indicates that there are behaviours that, if proven, would militate against a ./Onduso_SoS_Decision_-170918..pdf-review period being recommended. One of these behaviours includes intolerance and/or ./Onduso_SoS_Decision_-170918..pdf:hatred on the grounds of sexual orientation. The panel found that Mr Onduso has been ./Onduso_SoS_Decision_-170918..pdf-responsible for making offensive and homophobic comments and gestures which ./Onduso_SoS_Decision_-170918..pdf:demonstrates a lack of tolerance on the grounds of sexual orientation. ./Onduso_SoS_Decision_-170918..pdf- ./Onduso_SoS_Decision_-170918..pdf-The panel had regard to the degree of insight demonstrated by Mr Onduso. The panel ./Onduso_SoS_Decision_-170918..pdf-noted that Mr Onduso acknowledged during oral evidence that the comments (which ./Onduso_SoS_Decision_-170918..pdf-have now been found against him) were offensive and homophobic. ./Onduso_SoS_Decision_-170918..pdf- ./Onduso_SoS_Decision_-170918..pdf-However, the panel was concerned by the manner in which Mr Onduso obfuscated his ./Onduso_SoS_Decision_-170918..pdf-evidence. Mr Onduso has not been remorseful or sought to explain his misconduct. ./Onduso_SoS_Decision_-170918..pdf- ./Onduso_SoS_Decision_-170918..pdf-The panel took account of the fact that Mr Onduso had undertaken further safeguarding ./Onduso_SoS_Decision_-170918..pdf-training in an effort to demonstrate an ability to return to safe working practices. However, -- ./Onduso_SoS_Decision_-170918..pdf-not be appropriate and as such decided that it would be proportionate in all the ./Onduso_SoS_Decision_-170918..pdf-circumstances for the prohibition order to be recommended without provisions for a ./Onduso_SoS_Decision_-170918..pdf-review period.” ./Onduso_SoS_Decision_-170918..pdf- ./Onduso_SoS_Decision_-170918..pdf-I have considered whether no review period reflects the seriousness of the findings and ./Onduso_SoS_Decision_-170918..pdf-is a proportionate period to achieve the aim of maintaining public confidence in the ./Onduso_SoS_Decision_-170918..pdf-profession. I note that the Advice indicates that behaviours as found in this case would ./Onduso_SoS_Decision_-170918..pdf-mitigate against a review period. In this case, there are two factors that in my view mean ./Onduso_SoS_Decision_-170918..pdf-that no review period is sufficient to achieve the aim of maintaining public confidence in ./Onduso_SoS_Decision_-170918..pdf-the profession. These elements are the demonstration of a lack of tolerance on grounds ./Onduso_SoS_Decision_-170918..pdf:of sexual orientation and the lack of either insight or remorse. ./Onduso_SoS_Decision_-170918..pdf- ./Onduso_SoS_Decision_-170918..pdf-I consider therefore that no review period is required to satisfy the maintenance of public ./Onduso_SoS_Decision_-170918..pdf-confidence in the profession. ./Onduso_SoS_Decision_-170918..pdf- ./Onduso_SoS_Decision_-170918..pdf-This means that Mr Joshua Onduso is prohibited from teaching indefinitely and ./Onduso_SoS_Decision_-170918..pdf-cannot teach in any school, sixth form college, relevant youth accommodation or ./Onduso_SoS_Decision_-170918..pdf-children’s home in England. Furthermore, in view of the seriousness of the allegations ./Onduso_SoS_Decision_-170918..pdf-found proved against him, I have decided that Mr Joshua Onduso shall not be entitled to ./Onduso_SoS_Decision_-170918..pdf-apply for restoration of his eligibility to teach. ./Onduso_SoS_Decision_-170918..pdf- ./Osborne_Joel_SOS_decision.pdf-Teacher: Mr Joel Osborne ./Osborne_Joel_SOS_decision.pdf- ./Osborne_Joel_SOS_decision.pdf-Teacher ref number: 1281429 ./Osborne_Joel_SOS_decision.pdf- ./Osborne_Joel_SOS_decision.pdf-Teacher date of birth: 11 September 1990 ./Osborne_Joel_SOS_decision.pdf- ./Osborne_Joel_SOS_decision.pdf-TRA reference: 16507 ./Osborne_Joel_SOS_decision.pdf- ./Osborne_Joel_SOS_decision.pdf-Date of determination: 1 October 2021 ./Osborne_Joel_SOS_decision.pdf- ./Osborne_Joel_SOS_decision.pdf:Former employer: Harwich and Dovercourt High School, Essex ./Osborne_Joel_SOS_decision.pdf- ./Osborne_Joel_SOS_decision.pdf- ./Osborne_Joel_SOS_decision.pdf-Introduction ./Osborne_Joel_SOS_decision.pdf-A professional conduct panel (“the panel”) of the Teaching Regulation Agency (“the ./Osborne_Joel_SOS_decision.pdf-TRA”) convened on 1 October 2021 by way of a virtual meeting, to consider the case of ./Osborne_Joel_SOS_decision.pdf-Mr Joel Osborne. ./Osborne_Joel_SOS_decision.pdf- ./Osborne_Joel_SOS_decision.pdf-The panel members were Mrs Marjorie Harris (former teacher panellist – in the chair), Mr ./Osborne_Joel_SOS_decision.pdf-Neil Hillman (teacher panellist) and Mr Nigel Shock (lay panellist). ./Osborne_Joel_SOS_decision.pdf- -- ./Osborne_Joel_SOS_decision.pdf- ./Osborne_Joel_SOS_decision.pdf-3. During the academic year of 2016-2017, on one or more occasions, engaged in ./Osborne_Joel_SOS_decision.pdf- inappropriate communication with Pupil C in that he sent Pupil C an inappropriate ./Osborne_Joel_SOS_decision.pdf- image of him in his underwear; ./Osborne_Joel_SOS_decision.pdf- ./Osborne_Joel_SOS_decision.pdf-4. In or around February 2017, whilst on the school Outwards Bound trip, invited Pupil D ./Osborne_Joel_SOS_decision.pdf- and one or more pupils into his bedroom when he knew or ought to have known that ./Osborne_Joel_SOS_decision.pdf- this was not appropriate; ./Osborne_Joel_SOS_decision.pdf- ./Osborne_Joel_SOS_decision.pdf-5. On or around 7 April 2017, produced and/or kept a post-it note on his desk which ./Osborne_Joel_SOS_decision.pdf: contained sexual references in relation to one or more pupils. ./Osborne_Joel_SOS_decision.pdf- ./Osborne_Joel_SOS_decision.pdf-Mr Osborne admitted the facts of allegations 1 to 5 and that his behaviour amounted to ./Osborne_Joel_SOS_decision.pdf-unacceptable professional conduct and/or conduct that may bring the profession into ./Osborne_Joel_SOS_decision.pdf-disrepute, as set out in the response to the notice of referral signed by Mr Osborne on 11 ./Osborne_Joel_SOS_decision.pdf-October 2020, and the statement of agreed facts signed by Mr Osborne on 18 July 2021. ./Osborne_Joel_SOS_decision.pdf- ./Osborne_Joel_SOS_decision.pdf- ./Osborne_Joel_SOS_decision.pdf-Preliminary applications ./Osborne_Joel_SOS_decision.pdf-There were no preliminary applications. ./Osborne_Joel_SOS_decision.pdf- -- ./Osborne_Joel_SOS_decision.pdf-The panel considered there was evidence within the bundle, in particular the statement ./Osborne_Joel_SOS_decision.pdf-provided by Pupil C and images of the stills taken from Snapchat, which supported Mr ./Osborne_Joel_SOS_decision.pdf-Osborne’s admission of the facts. ./Osborne_Joel_SOS_decision.pdf- ./Osborne_Joel_SOS_decision.pdf-The panel considered it to be irrelevant whether the image was a posed or a snap shot. ./Osborne_Joel_SOS_decision.pdf:Given its content and nature the panel concluded the image to be sexual. The panel ./Osborne_Joel_SOS_decision.pdf-deemed it was wholly inappropriate for Mr Osborne to send the image to Pupil C, ./Osborne_Joel_SOS_decision.pdf-irrespective of how it was captured. ./Osborne_Joel_SOS_decision.pdf- ./Osborne_Joel_SOS_decision.pdf-As with allegation 2, the panel considered that as a professional Mr Osborne should have ./Osborne_Joel_SOS_decision.pdf-exercised a higher standard of care in the use of his device and social media platforms. ./Osborne_Joel_SOS_decision.pdf-The panel concluded that on balance Mr Osborne knew what he was doing and that his ./Osborne_Joel_SOS_decision.pdf-actions were deliberate. ./Osborne_Joel_SOS_decision.pdf- ./Osborne_Joel_SOS_decision.pdf-The panel found the facts of allegation 3 proven. ./Osborne_Joel_SOS_decision.pdf- -- ./Osborne_Joel_SOS_decision.pdf-The panel found the facts of allegation 4 proven. ./Osborne_Joel_SOS_decision.pdf- ./Osborne_Joel_SOS_decision.pdf-5. On or around 7 April 2017, produced and/ or kept a post-it note on your desk ./Osborne_Joel_SOS_decision.pdf: which contained sexual references in relation to one or more pupils. ./Osborne_Joel_SOS_decision.pdf- ./Osborne_Joel_SOS_decision.pdf-The panel noted that in the statement of agreed facts, signed by Mr Osborne on 18 July ./Osborne_Joel_SOS_decision.pdf-2021, Mr Osborne admitted the facts of allegation 5. ./Osborne_Joel_SOS_decision.pdf- ./Osborne_Joel_SOS_decision.pdf-Mr Osborne admitted that he produced the post-it note and that the handwriting on the ./Osborne_Joel_SOS_decision.pdf-post-it note was his. ./Osborne_Joel_SOS_decision.pdf- ./Osborne_Joel_SOS_decision.pdf-Notwithstanding Mr Osborne’s admission, the panel made its own determination of the ./Osborne_Joel_SOS_decision.pdf-facts of this allegation on all of the evidence before it. ./Osborne_Joel_SOS_decision.pdf- ./Osborne_Joel_SOS_decision.pdf-The panel considered there was evidence within the bundle, in particular a copy of the ./Osborne_Joel_SOS_decision.pdf-post-it note, which supported Mr Osborne’s admission of the facts. The panel considered ./Osborne_Joel_SOS_decision.pdf:the contents of the post-it note to contain sexual references and identified the pupils ./Osborne_Joel_SOS_decision.pdf-concerned. ./Osborne_Joel_SOS_decision.pdf- ./Osborne_Joel_SOS_decision.pdf-The panel noted Mr Osborne’s explanation for the post-it note; that it was written ./Osborne_Joel_SOS_decision.pdf-following overhearing pupils talking in the corridor and he had forgotten about it. Given ./Osborne_Joel_SOS_decision.pdf-the nature of the conversation heard, and the safeguarding issues that it raised, the panel ./Osborne_Joel_SOS_decision.pdf-concluded that Mr Osborne failed to act appropriately. The panel considered it wholly ./Osborne_Joel_SOS_decision.pdf-inappropriate for Mr Osborne to leave the post-it note on his desk where anyone ./Osborne_Joel_SOS_decision.pdf-accessing the room could, and did, find it. The panel concluded that Mr Osborne’s ./Osborne_Joel_SOS_decision.pdf-actions had shown a complete disregard of safeguarding policy by his failure to record ./Osborne_Joel_SOS_decision.pdf-properly, store confidentially and report appropriately to a designated safeguarding lead -- ./Osborne_Joel_SOS_decision.pdf- ./Osborne_Joel_SOS_decision.pdf-The panel noted that allegations 1, 2 and 3 took place outside the education setting, in ./Osborne_Joel_SOS_decision.pdf-that they took place via a social media platform, Snapchat, and took place outside school ./Osborne_Joel_SOS_decision.pdf-hours. The panel considered that the nature of Mr Osborne’s misconduct touched upon ./Osborne_Joel_SOS_decision.pdf-his profession as a teacher. The panel considered that teachers have a responsibility to ./Osborne_Joel_SOS_decision.pdf-all children to maintain professional boundaries and that by his actions Mr Osborne had ./Osborne_Joel_SOS_decision.pdf-undeniably failed in this regard. ./Osborne_Joel_SOS_decision.pdf- ./Osborne_Joel_SOS_decision.pdf-The panel considered Mr Osborne’s conduct in respect of each allegation to be of a very ./Osborne_Joel_SOS_decision.pdf-serious nature, falling significantly short of the standard of behaviour expected of a ./Osborne_Joel_SOS_decision.pdf:teacher. The panel found all the allegations to be of a sexual nature. ./Osborne_Joel_SOS_decision.pdf- ./Osborne_Joel_SOS_decision.pdf-Accordingly, the panel was satisfied that Mr Osborne was guilty of unacceptable ./Osborne_Joel_SOS_decision.pdf-professional conduct. ./Osborne_Joel_SOS_decision.pdf- ./Osborne_Joel_SOS_decision.pdf-The panel took into account the way the teaching profession is viewed by others and ./Osborne_Joel_SOS_decision.pdf-considered the influence that teachers may have on pupils, parents and others in the ./Osborne_Joel_SOS_decision.pdf-community. The panel also took account of the uniquely influential role that teachers can ./Osborne_Joel_SOS_decision.pdf-hold in pupils’ lives and the fact that pupils must be able to view teachers as role models ./Osborne_Joel_SOS_decision.pdf-in the way they behave. ./Osborne_Joel_SOS_decision.pdf- -- ./Osborne_Joel_SOS_decision.pdf- ./Osborne_Joel_SOS_decision.pdf- • serious departure from the personal and professional conduct elements of the ./Osborne_Joel_SOS_decision.pdf- Teachers’ Standards; ./Osborne_Joel_SOS_decision.pdf- ./Osborne_Joel_SOS_decision.pdf- • misconduct seriously affecting the education and/or well-being of pupils, and ./Osborne_Joel_SOS_decision.pdf- particularly where there is a continuing risk; ./Osborne_Joel_SOS_decision.pdf- ./Osborne_Joel_SOS_decision.pdf- • abuse of position or trust (particularly involving vulnerable pupils) or violation of the ./Osborne_Joel_SOS_decision.pdf- rights of pupils; ./Osborne_Joel_SOS_decision.pdf- ./Osborne_Joel_SOS_decision.pdf: • sexual misconduct, for example, involving actions that were sexually motivated or ./Osborne_Joel_SOS_decision.pdf: of a sexual nature and/or that use or exploit the trust, knowledge or influence ./Osborne_Joel_SOS_decision.pdf- derived from the individual’s professional position; ./Osborne_Joel_SOS_decision.pdf- ./Osborne_Joel_SOS_decision.pdf- • any activity involving viewing, taking, making, possessing, distributing or ./Osborne_Joel_SOS_decision.pdf- publishing any indecent photograph or image or pseudo photograph or image of a ./Osborne_Joel_SOS_decision.pdf- child, or permitting such activity, including one-off incidents; ./Osborne_Joel_SOS_decision.pdf- ./Osborne_Joel_SOS_decision.pdf-Even though some of the behaviour found proved in this case indicated that a prohibition ./Osborne_Joel_SOS_decision.pdf-order would be appropriate, the panel went on to consider the mitigating factors. ./Osborne_Joel_SOS_decision.pdf-Mitigating factors may indicate that a prohibition order would not be appropriate or ./Osborne_Joel_SOS_decision.pdf-proportionate. -- ./Osborne_Joel_SOS_decision.pdf-made by the panel would be sufficient. ./Osborne_Joel_SOS_decision.pdf- ./Osborne_Joel_SOS_decision.pdf-The panel was of the view that, applying the standard of the ordinary intelligent citizen, it ./Osborne_Joel_SOS_decision.pdf-would not be a proportionate and appropriate response to recommend no prohibition ./Osborne_Joel_SOS_decision.pdf-order. Recommending that the publication of adverse findings was sufficient would ./Osborne_Joel_SOS_decision.pdf-unacceptably compromise the public interest considerations present in this case, despite ./Osborne_Joel_SOS_decision.pdf-the severity of the consequences for Mr Osborne of prohibition. ./Osborne_Joel_SOS_decision.pdf- ./Osborne_Joel_SOS_decision.pdf-The panel was of the view that prohibition was both proportionate and appropriate. The ./Osborne_Joel_SOS_decision.pdf-panel decided that the public interest considerations outweighed the interests of Mr ./Osborne_Joel_SOS_decision.pdf:Osborne. The fact that each allegation had a sexual connotation together with Mr ./Osborne_Joel_SOS_decision.pdf-Osborne’s lack of reflection as to the damage he could have caused were significant ./Osborne_Joel_SOS_decision.pdf-factors in forming that opinion. Accordingly, the panel made a recommendation to the ./Osborne_Joel_SOS_decision.pdf-Secretary of State that a prohibition order should be imposed with immediate effect. ./Osborne_Joel_SOS_decision.pdf- ./Osborne_Joel_SOS_decision.pdf-The panel went on to consider whether or not it would be appropriate to recommend that ./Osborne_Joel_SOS_decision.pdf-a review period of the order should be considered. The panel was mindful that the Advice ./Osborne_Joel_SOS_decision.pdf-states that a prohibition order applies for life, but there may be circumstances, in any ./Osborne_Joel_SOS_decision.pdf-given case, that may make it appropriate to allow a teacher to apply to have the ./Osborne_Joel_SOS_decision.pdf-prohibition order reviewed after a specified period of time that may not be less than twos ./Osborne_Joel_SOS_decision.pdf-years. ./Osborne_Joel_SOS_decision.pdf- ./Osborne_Joel_SOS_decision.pdf-The Advice indicates that there are behaviours that, if proved, would militate against the ./Osborne_Joel_SOS_decision.pdf:recommendation of a review period. One of these behaviours includes serious sexual ./Osborne_Joel_SOS_decision.pdf:misconduct, such as where the act was sexually motivated and resulted in or had the ./Osborne_Joel_SOS_decision.pdf-potential to result in, harm to a person or persons, particularly where the individual has ./Osborne_Joel_SOS_decision.pdf-used his professional position to influence or exploit a person or persons. The panel ./Osborne_Joel_SOS_decision.pdf-deemed the images taken by Mr Osborne and sent to pupils to be provocative. By their ./Osborne_Joel_SOS_decision.pdf:nature and content the panel concluded they were both of a sexual nature and sexually ./Osborne_Joel_SOS_decision.pdf-motivated. The panel therefore found Mr Osborne was responsible for sending ./Osborne_Joel_SOS_decision.pdf:inappropriate communications to pupils which were sexually motivated. ./Osborne_Joel_SOS_decision.pdf- ./Osborne_Joel_SOS_decision.pdf-The panel considered Mr Osborne’s actions to be extremely serious. In the absence of ./Osborne_Joel_SOS_decision.pdf-any evidence that Mr Osborne fully understood his actions to be wrong, and potentially ./Osborne_Joel_SOS_decision.pdf- ./Osborne_Joel_SOS_decision.pdf- ./Osborne_Joel_SOS_decision.pdf- 13 ./Osborne_Joel_SOS_decision.pdf- -- ./Osborne_Joel_SOS_decision.pdf- practices of the school in which they teach, and maintain high standards in their ./Osborne_Joel_SOS_decision.pdf- own attendance and punctuality. ./Osborne_Joel_SOS_decision.pdf- ./Osborne_Joel_SOS_decision.pdf- • Teachers must have an understanding of, and always act within, the statutory ./Osborne_Joel_SOS_decision.pdf- frameworks which set out their professional duties and responsibilities. ./Osborne_Joel_SOS_decision.pdf- ./Osborne_Joel_SOS_decision.pdf-The panel finds that the conduct of Mr Osborne fell significantly short of the standards ./Osborne_Joel_SOS_decision.pdf-expected of the profession. ./Osborne_Joel_SOS_decision.pdf- ./Osborne_Joel_SOS_decision.pdf-The findings of misconduct are particularly serious as the panel found all the allegations to ./Osborne_Joel_SOS_decision.pdf:be of a sexual nature. ./Osborne_Joel_SOS_decision.pdf- ./Osborne_Joel_SOS_decision.pdf-I have to determine whether the imposition of a prohibition order is proportionate and in ./Osborne_Joel_SOS_decision.pdf-the public interest. In considering that for this case, I have considered the overall aim of a ./Osborne_Joel_SOS_decision.pdf-prohibition order which is to protect pupils and to maintain public confidence in the ./Osborne_Joel_SOS_decision.pdf- ./Osborne_Joel_SOS_decision.pdf- 14 ./Osborne_Joel_SOS_decision.pdf- -- ./Osborne_Joel_SOS_decision.pdf-behaviour, and this puts the future well being of pupils at risk. I have therefore given this ./Osborne_Joel_SOS_decision.pdf-element considerable weight in reaching my decision. ./Osborne_Joel_SOS_decision.pdf- ./Osborne_Joel_SOS_decision.pdf-I have gone on to consider the extent to which a prohibition order would maintain public ./Osborne_Joel_SOS_decision.pdf-confidence in the profession. The panel observe, “that public confidence in the profession ./Osborne_Joel_SOS_decision.pdf-could be seriously weakened if conduct such as that found against Mr Osborne were not ./Osborne_Joel_SOS_decision.pdf-treated with the utmost seriousness when regulating the conduct of the profession. The ./Osborne_Joel_SOS_decision.pdf-panel decided that a strong public interest consideration in declaring proper standards of ./Osborne_Joel_SOS_decision.pdf-conduct in the profession was also present as the conduct found against Mr Osborne ./Osborne_Joel_SOS_decision.pdf-was outside that which could reasonably be tolerated.” I am particularly mindful that the ./Osborne_Joel_SOS_decision.pdf:panel observe, “that each allegation had a sexual connotation”, and the impact that has ./Osborne_Joel_SOS_decision.pdf-on the reputation of the profession. ./Osborne_Joel_SOS_decision.pdf- ./Osborne_Joel_SOS_decision.pdf-I have had to consider that the public has a high expectation of professional standards of ./Osborne_Joel_SOS_decision.pdf-all teachers and that the public might regard a failure to impose a prohibition order as a ./Osborne_Joel_SOS_decision.pdf-failure to uphold those high standards. In weighing these considerations, I have had to ./Osborne_Joel_SOS_decision.pdf-consider the matter from the point of view of an “ordinary intelligent and well-informed ./Osborne_Joel_SOS_decision.pdf-citizen.” ./Osborne_Joel_SOS_decision.pdf- ./Osborne_Joel_SOS_decision.pdf-I have considered whether the publication of a finding of unacceptable professional ./Osborne_Joel_SOS_decision.pdf-conduct, in the absence of a prohibition order, can itself be regarded by such a person as -- ./Osborne_Joel_SOS_decision.pdf-requirement concerning public confidence in the profession. ./Osborne_Joel_SOS_decision.pdf- ./Osborne_Joel_SOS_decision.pdf-For these reasons, I have concluded that a prohibition order is proportionate and in the ./Osborne_Joel_SOS_decision.pdf-public interest to achieve the intended aims of a prohibition order. ./Osborne_Joel_SOS_decision.pdf- ./Osborne_Joel_SOS_decision.pdf-I have gone on to consider the matter of a review period. In this case, the panel has ./Osborne_Joel_SOS_decision.pdf-recommended that no provision should be made for a review period. ./Osborne_Joel_SOS_decision.pdf- ./Osborne_Joel_SOS_decision.pdf-I have considered the panel’s comments “The panel deemed the images taken by Mr ./Osborne_Joel_SOS_decision.pdf-Osborne and sent to pupils to be provocative. By their nature and content the panel ./Osborne_Joel_SOS_decision.pdf:concluded they were both of a sexual nature and sexually motivated. The panel therefore ./Osborne_Joel_SOS_decision.pdf-found Mr Osborne was responsible for sending inappropriate communications to pupils ./Osborne_Joel_SOS_decision.pdf:which were sexually motivated.” ./Osborne_Joel_SOS_decision.pdf- ./Osborne_Joel_SOS_decision.pdf-I have considered whether a review period reflects the seriousness of the findings and is ./Osborne_Joel_SOS_decision.pdf-proportionate to achieve the aim of maintaining public confidence in the profession. In this ./Osborne_Joel_SOS_decision.pdf-case, three factors mean that a review period is not appropriate to achieve the aim of ./Osborne_Joel_SOS_decision.pdf:maintaining public confidence in the profession. These factors are the sexual nature of the ./Osborne_Joel_SOS_decision.pdf:conduct, the panel deeming the conduct to be sexually motivated and Mr Osborne’s failure ./Osborne_Joel_SOS_decision.pdf-to demonstrate any real insight, remorse or understanding of his actions. ./Osborne_Joel_SOS_decision.pdf- ./Osborne_Joel_SOS_decision.pdf-I consider therefore that allowing for no review period is necessary to maintain public ./Osborne_Joel_SOS_decision.pdf-confidence and is proportionate and in the public interest. ./Osborne_Joel_SOS_decision.pdf- ./Osborne_Joel_SOS_decision.pdf- ./Osborne_Joel_SOS_decision.pdf- ./Osborne_Joel_SOS_decision.pdf- 16 ./Osborne_Joel_SOS_decision.pdf- ./O_Malley_10492_-_Web_decision.pdf:7. Your actions set out at 1, 2a, 3, 4 and 5 above, were sexually motivated. ./O_Malley_10492_-_Web_decision.pdf- ./O_Malley_10492_-_Web_decision.pdf-The alleged facts were not admitted. ./O_Malley_10492_-_Web_decision.pdf- ./O_Malley_10492_-_Web_decision.pdf- ./O_Malley_10492_-_Web_decision.pdf-C. Preliminary applications ./O_Malley_10492_-_Web_decision.pdf-Application to proceed in absence ./O_Malley_10492_-_Web_decision.pdf-Mr Day made an application to proceed with the hearing in the absence of Mr O'Malley. ./O_Malley_10492_-_Web_decision.pdf-After hearing submissions from Mr Day and receiving legal advice, the chair announced ./O_Malley_10492_-_Web_decision.pdf-the decision of the panel as follows: ./O_Malley_10492_-_Web_decision.pdf- -- ./O_Malley_10492_-_Web_decision.pdf-abuse of your position of trust. ./O_Malley_10492_-_Web_decision.pdf- ./O_Malley_10492_-_Web_decision.pdf-Mr O'Malley was a teacher at the school at which the pupils attended and in that capacity ./O_Malley_10492_-_Web_decision.pdf-was in a position of trust in relation to the pupils. The panel is satisfied that Mr O'Malley's ./O_Malley_10492_-_Web_decision.pdf-conduct in relation to Pupils A, B and E, which has been found proved, was an abuse of ./O_Malley_10492_-_Web_decision.pdf-that position of trust. ./O_Malley_10492_-_Web_decision.pdf- ./O_Malley_10492_-_Web_decision.pdf-Accordingly, allegation 6 is found proved, limited to Mr O'Malley's conduct in relation to ./O_Malley_10492_-_Web_decision.pdf-Pupils A, B and E. ./O_Malley_10492_-_Web_decision.pdf- ./O_Malley_10492_-_Web_decision.pdf:7. Your actions set out at 1, 2a, 3, 4 and 5 above, were sexually motivated. ./O_Malley_10492_-_Web_decision.pdf- ./O_Malley_10492_-_Web_decision.pdf:The panel considered whether Mr O'Malley's actions in 1, 2a and 5 were sexually ./O_Malley_10492_-_Web_decision.pdf-motivated. In doing so, the panel considered whether it was more likely than not that Mr ./O_Malley_10492_-_Web_decision.pdf-O'Malley's actions were for the purpose of Mr O'Malley achieving or seeking to achieve ./O_Malley_10492_-_Web_decision.pdf:some form of sexual gratification. There is no evidence of penetration or touching genital ./O_Malley_10492_-_Web_decision.pdf-areas. ./O_Malley_10492_-_Web_decision.pdf- ./O_Malley_10492_-_Web_decision.pdf-The panel considered the actions in 1, 2a and 5 separately. ./O_Malley_10492_-_Web_decision.pdf- ./O_Malley_10492_-_Web_decision.pdf-As to 1 and 5, the panel was unanimous in concluding that Mr O'Malley's actions were ./O_Malley_10492_-_Web_decision.pdf:sexually motivated. ./O_Malley_10492_-_Web_decision.pdf- ./O_Malley_10492_-_Web_decision.pdf:As to 2a, the panel concluded, by a majority, that Mr O'Malley's actions were sexually ./O_Malley_10492_-_Web_decision.pdf-motivated. ./O_Malley_10492_-_Web_decision.pdf- ./O_Malley_10492_-_Web_decision.pdf-Accordingly, allegation 7 is proved on the basis of Mr O'Malley's actions in 1,2a and 5. ./O_Malley_10492_-_Web_decision.pdf- ./O_Malley_10492_-_Web_decision.pdf-Findings as to unacceptable professional conduct and/or conduct that ./O_Malley_10492_-_Web_decision.pdf-may bring the profession into disrepute ./O_Malley_10492_-_Web_decision.pdf-Having found a number of the allegations to have been proven, the panel has gone on to ./O_Malley_10492_-_Web_decision.pdf-consider whether the facts of those proven allegations amount to unacceptable ./O_Malley_10492_-_Web_decision.pdf-professional conduct and/or conduct that may bring the profession into disrepute. ./O_Malley_10492_-_Web_decision.pdf- -- ./O_Malley_10492_-_Web_decision.pdf- statutory provisions; ./O_Malley_10492_-_Web_decision.pdf-  Teachers must have proper and professional regard for the ethos, policies and ./O_Malley_10492_-_Web_decision.pdf- practices of the school in which they teach. ./O_Malley_10492_-_Web_decision.pdf-  Teachers must have an understanding of, and always act within, the statutory ./O_Malley_10492_-_Web_decision.pdf- frameworks which set out their professional duties and responsibilities. ./O_Malley_10492_-_Web_decision.pdf-The panel is satisfied that the conduct of Mr O'Malley fell significantly short of the ./O_Malley_10492_-_Web_decision.pdf-standards expected of the profession. ./O_Malley_10492_-_Web_decision.pdf- ./O_Malley_10492_-_Web_decision.pdf-The panel has also considered whether Mr O'Malley's conduct displayed behaviours ./O_Malley_10492_-_Web_decision.pdf-associated with any of the offences listed on pages 8 and 9 of the Advice. The panel has ./O_Malley_10492_-_Web_decision.pdf:found that the offence of sexual activity is relevant. ./O_Malley_10492_-_Web_decision.pdf- ./O_Malley_10492_-_Web_decision.pdf-The Advice indicates that where behaviours associated with such an offence exist, a ./O_Malley_10492_-_Web_decision.pdf-panel is likely to conclude that an individual’s conduct would amount to unacceptable ./O_Malley_10492_-_Web_decision.pdf-professional conduct. ./O_Malley_10492_-_Web_decision.pdf- ./O_Malley_10492_-_Web_decision.pdf-Accordingly, the panel is satisfied that Mr O'Malley is guilty of unacceptable professional ./O_Malley_10492_-_Web_decision.pdf-conduct. ./O_Malley_10492_-_Web_decision.pdf- ./O_Malley_10492_-_Web_decision.pdf-As regards conduct that bring the profession into disrepute, the panel has taken into ./O_Malley_10492_-_Web_decision.pdf-account how the teaching profession is viewed by others and considered the influence -- ./O_Malley_10492_-_Web_decision.pdf-measure, and whether it is in the public interest to do so. Prohibition orders should not be ./O_Malley_10492_-_Web_decision.pdf-given in order to be punitive, or to show that blame has been apportioned, although they ./O_Malley_10492_-_Web_decision.pdf-are likely to have punitive effect. ./O_Malley_10492_-_Web_decision.pdf- ./O_Malley_10492_-_Web_decision.pdf-The panel has considered the particular public interest considerations set out in the ./O_Malley_10492_-_Web_decision.pdf-Advice and having done so has found a number of them to be relevant in this case, ./O_Malley_10492_-_Web_decision.pdf-namely the protection of pupils, the maintenance of public confidence in the profession ./O_Malley_10492_-_Web_decision.pdf-and upholding proper standards of conduct. ./O_Malley_10492_-_Web_decision.pdf- ./O_Malley_10492_-_Web_decision.pdf-In light of the panel’s findings against Mr O'Malley, which involved inappropriate touching ./O_Malley_10492_-_Web_decision.pdf:which was found to be sexually motivated, there is a strong public interest consideration ./O_Malley_10492_-_Web_decision.pdf-in ensuring that pupils are protected from such behaviour. Parents place their trust in ./O_Malley_10492_-_Web_decision.pdf-teachers to ensure the wellbeing of their children. Mr O'Malley clearly abused this ./O_Malley_10492_-_Web_decision.pdf-position of trust. ./O_Malley_10492_-_Web_decision.pdf- ./O_Malley_10492_-_Web_decision.pdf-Similarly, the panel considers that public confidence in the profession could be seriously ./O_Malley_10492_-_Web_decision.pdf-weakened if conduct such as that found against Mr O'Malley was not treated with the ./O_Malley_10492_-_Web_decision.pdf-utmost seriousness when regulating the conduct of the profession. ./O_Malley_10492_-_Web_decision.pdf- ./O_Malley_10492_-_Web_decision.pdf-The panel considered that a strong public interest in upholding proper standards of ./O_Malley_10492_-_Web_decision.pdf-conduct in the profession was also present as the conduct found against Mr O'Malley -- ./O_Malley_10492_-_Web_decision.pdf-  misconduct seriously affecting the well-being of pupils, and particularly where ./O_Malley_10492_-_Web_decision.pdf- there is a continuing risk; ./O_Malley_10492_-_Web_decision.pdf-  abuse of position or trust (particularly involving vulnerable pupils) or violation of the ./O_Malley_10492_-_Web_decision.pdf- rights of pupils; ./O_Malley_10492_-_Web_decision.pdf:  sexual misconduct, involving actions that were sexually motivated and of a sexual ./O_Malley_10492_-_Web_decision.pdf- nature and which exploited the trust derived from his professional position; ./O_Malley_10492_-_Web_decision.pdf-Even though there were behaviours that would point to a prohibition order being ./O_Malley_10492_-_Web_decision.pdf-appropriate, the panel went on to consider whether or not there were sufficient mitigating ./O_Malley_10492_-_Web_decision.pdf-factors to militate against a prohibition order being an appropriate and proportionate ./O_Malley_10492_-_Web_decision.pdf-measure to impose, particularly taking into account the nature and severity of the ./O_Malley_10492_-_Web_decision.pdf-behaviour in this case. ./O_Malley_10492_-_Web_decision.pdf- ./O_Malley_10492_-_Web_decision.pdf-The panel is satisfied that Mr O'Malley's actions were deliberate ./O_Malley_10492_-_Web_decision.pdf- ./O_Malley_10492_-_Web_decision.pdf-There was no evidence to suggest that Mr O'Malley was acting under duress. -- ./O_Malley_10492_-_Web_decision.pdf-imposed with immediate effect. The panel notes that up to this point, Mr O'Malley has ./O_Malley_10492_-_Web_decision.pdf-been subject of an interim prohibition order. ./O_Malley_10492_-_Web_decision.pdf- ./O_Malley_10492_-_Web_decision.pdf-The panel went on to consider whether or not it would be appropriate to recommend that ./O_Malley_10492_-_Web_decision.pdf-a review period of the order should be considered. The panel was mindful that a ./O_Malley_10492_-_Web_decision.pdf-prohibition order applies for life, but there may be circumstances in any given case that ./O_Malley_10492_-_Web_decision.pdf-may make it appropriate to allow a teacher to apply to have the prohibition order ./O_Malley_10492_-_Web_decision.pdf-reviewed after a specified period of time that may not be less than two years. ./O_Malley_10492_-_Web_decision.pdf- ./O_Malley_10492_-_Web_decision.pdf-The Advice indicates that there are behaviours that, if proven, would militate against a ./O_Malley_10492_-_Web_decision.pdf:review period being recommended. Behaviours include serious sexual misconduct. There ./O_Malley_10492_-_Web_decision.pdf-is no evidence of any form of penetration or touching of genital areas and Mr O'Malley's ./O_Malley_10492_-_Web_decision.pdf:proven actions can be distinguished from that more serious kind of sexual assault. ./O_Malley_10492_-_Web_decision.pdf-However, the panel has found that Mr O'Malley's actions were for the purpose of Mr ./O_Malley_10492_-_Web_decision.pdf:O'Malley achieving or seeking to achieve some form of sexual gratification. The panel ./O_Malley_10492_-_Web_decision.pdf-has also found that Mr O'Malley's actions were an abuse of his professional position. ./O_Malley_10492_-_Web_decision.pdf- ./O_Malley_10492_-_Web_decision.pdf- 14 ./O_Malley_10492_-_Web_decision.pdf- -- ./O_Malley_10492_-_Web_decision.pdf:  sexual misconduct, involving actions that were sexually motivated and of a sexual ./O_Malley_10492_-_Web_decision.pdf- nature and which exploited the trust derived from his professional position; ./O_Malley_10492_-_Web_decision.pdf-This case was a serious one and involved actions that were for the purpose of Mr ./O_Malley_10492_-_Web_decision.pdf:O'Malley achieving or seeking to achieve some form of sexual gratification. The panel ./O_Malley_10492_-_Web_decision.pdf-has also found that Mr O'Malley's actions were an abuse of his professional position. ./O_Malley_10492_-_Web_decision.pdf- ./O_Malley_10492_-_Web_decision.pdf-I have taken into account the need to be proportionate. I have balanced the public ./O_Malley_10492_-_Web_decision.pdf-interest with the interests of Mr O’Malley. I have also taken into account the guidance ./O_Malley_10492_-_Web_decision.pdf-published by the Secretary of State. ./O_Malley_10492_-_Web_decision.pdf- ./O_Malley_10492_-_Web_decision.pdf-Having taken all of that into account, and also taken into account the mitigating factors ./O_Malley_10492_-_Web_decision.pdf-noted by the panel, I find myself in agreement with the panel. I therefore support the ./O_Malley_10492_-_Web_decision.pdf-recommendation that Mr O’Malley should be prohibited from teaching. ./O_Malley_10492_-_Web_decision.pdf- ./O_Malley_10492_-_Web_decision.pdf-I have then considered the matter of a review period. I have taken into account the ./O_Malley_10492_-_Web_decision.pdf-panel’s recommendation and the fact that they found that Mr O'Malley's actions were for ./O_Malley_10492_-_Web_decision.pdf:the purpose of Mr O'Malley achieving or seeking to achieve some form of sexual ./O_Malley_10492_-_Web_decision.pdf-gratification. ./O_Malley_10492_-_Web_decision.pdf- ./O_Malley_10492_-_Web_decision.pdf-I have taken into account the need to be proportionate. I support the recommendation of ./O_Malley_10492_-_Web_decision.pdf-the panel that in this case there should be no review period. ./O_Malley_10492_-_Web_decision.pdf- ./O_Malley_10492_-_Web_decision.pdf-This means that Mr Joseph O’Malley is prohibited from teaching indefinitely and ./O_Malley_10492_-_Web_decision.pdf-cannot teach in any school, sixth form college, relevant youth accommodation or ./O_Malley_10492_-_Web_decision.pdf-children’s home in England. Furthermore, in view of the seriousness of the allegations ./O_Malley_10492_-_Web_decision.pdf-found proved against him, I have decided that Mr Joseph O’Malley shall not be entitled to ./O_Malley_10492_-_Web_decision.pdf-apply for restoration of his eligibility to teach. ./Parkinson_Andrew_Decision.pdf-Allegations ./Parkinson_Andrew_Decision.pdf-The panel considered the allegations set out in the notice of proceedings dated 8 March ./Parkinson_Andrew_Decision.pdf-2022. ./Parkinson_Andrew_Decision.pdf- ./Parkinson_Andrew_Decision.pdf-It was alleged that Mr Parkinson was guilty of unacceptable professional conduct and/or ./Parkinson_Andrew_Decision.pdf-conduct that may bring the profession into disrepute, in that whilst employed as the ./Parkinson_Andrew_Decision.pdf-director of learning for mathematics and technology at Batley Grammar School between ./Parkinson_Andrew_Decision.pdf-1 September 2017 and 11 January 2019: ./Parkinson_Andrew_Decision.pdf- ./Parkinson_Andrew_Decision.pdf-1. On or around 2 November 2018 and in respect of Colleague A during a car journey ./Parkinson_Andrew_Decision.pdf: [REDACTED] he engaged in sexual contact with her which was without her consent ./Parkinson_Andrew_Decision.pdf- namely: ./Parkinson_Andrew_Decision.pdf- ./Parkinson_Andrew_Decision.pdf- a. Touched her breasts over her dress; ./Parkinson_Andrew_Decision.pdf- ./Parkinson_Andrew_Decision.pdf- b. Touched her [REDACTED] and/or [REDACTED]; and ./Parkinson_Andrew_Decision.pdf- ./Parkinson_Andrew_Decision.pdf- c. Kissed the side of her face. ./Parkinson_Andrew_Decision.pdf- ./Parkinson_Andrew_Decision.pdf-Mr Parkinson denied the facts of allegation 1, as set out in the response to the notice of ./Parkinson_Andrew_Decision.pdf-referral dated 12 January 2021 and in his undated statement. -- ./Parkinson_Andrew_Decision.pdf- ./Parkinson_Andrew_Decision.pdf- ./Parkinson_Andrew_Decision.pdf-Decision and reasons ./Parkinson_Andrew_Decision.pdf-The panel carefully considered the case before it and announced its decision and ./Parkinson_Andrew_Decision.pdf-reasons as follows: ./Parkinson_Andrew_Decision.pdf- ./Parkinson_Andrew_Decision.pdf-Mr Parkinson was employed as director of learning for mathematics and technology at ./Parkinson_Andrew_Decision.pdf-Batley Grammar School (‘the School’) from 1 September 2017, until he resigned on 11 ./Parkinson_Andrew_Decision.pdf-January 2019. ./Parkinson_Andrew_Decision.pdf- ./Parkinson_Andrew_Decision.pdf:On 2 November 2018, [REDACTED], Mr Parkinson allegedly sexually assaulted another ./Parkinson_Andrew_Decision.pdf-colleague, Colleague A, during the journey [REDACTED]. ./Parkinson_Andrew_Decision.pdf- ./Parkinson_Andrew_Decision.pdf-A referral was made to the police on 4 November 2018 by the alleged victim and Mr ./Parkinson_Andrew_Decision.pdf-Parkinson was cautioned and bailed pending investigations. The police informed the ./Parkinson_Andrew_Decision.pdf-LADO and the School on 5 November 2018. ./Parkinson_Andrew_Decision.pdf- ./Parkinson_Andrew_Decision.pdf-The School conducted its own investigation into the alleged misconduct and ./Parkinson_Andrew_Decision.pdf-representatives attended meetings with the LADO on 21 November 2018 and 19 ./Parkinson_Andrew_Decision.pdf-December 2018. During the meeting on 19 December 2018, it was agreed that on the ./Parkinson_Andrew_Decision.pdf-balance of probabilities the allegation of misconduct against Mr Parkinson was -- ./Parkinson_Andrew_Decision.pdf-Findings of fact ./Parkinson_Andrew_Decision.pdf- ./Parkinson_Andrew_Decision.pdf-The findings of fact are as follows: ./Parkinson_Andrew_Decision.pdf- ./Parkinson_Andrew_Decision.pdf-The panel found the following particulars of the allegations against you proved, for these ./Parkinson_Andrew_Decision.pdf-reasons: ./Parkinson_Andrew_Decision.pdf- ./Parkinson_Andrew_Decision.pdf-1. On or around 2 November 2018 and in respect of Colleague A during a car ./Parkinson_Andrew_Decision.pdf: journey [REDACTED] you engaged in sexual contact with her which was ./Parkinson_Andrew_Decision.pdf- without her consent namely: ./Parkinson_Andrew_Decision.pdf- ./Parkinson_Andrew_Decision.pdf- a. Touched her breasts over her dress; ./Parkinson_Andrew_Decision.pdf- ./Parkinson_Andrew_Decision.pdf- b. Touched her [REDACTED] and/or [REDACTED]; and ./Parkinson_Andrew_Decision.pdf- ./Parkinson_Andrew_Decision.pdf- c. Kissed the side of her face. ./Parkinson_Andrew_Decision.pdf- ./Parkinson_Andrew_Decision.pdf-The panel noted that, within the response to the notice of referral dated 12 January 2021 ./Parkinson_Andrew_Decision.pdf-and in Mr Parkinson’s undated statement, Mr Parkinson denied the facts of allegation 1 in -- ./Parkinson_Andrew_Decision.pdf-Colleague A: ./Parkinson_Andrew_Decision.pdf- ./Parkinson_Andrew_Decision.pdf-The panel considered the witness statement and oral evidence of Colleague A. The ./Parkinson_Andrew_Decision.pdf-panel found Colleague A to be a credible and compelling witness. They were impressed ./Parkinson_Andrew_Decision.pdf-by the clarity of her answers. The panel accepted that there were areas when Colleague ./Parkinson_Andrew_Decision.pdf-A needed to refer to her earlier statements but that this was only in respect of the smaller ./Parkinson_Andrew_Decision.pdf-details of the surrounding circumstances and that she was otherwise very clear in her ./Parkinson_Andrew_Decision.pdf:recollection of the alleged sexual assault. ./Parkinson_Andrew_Decision.pdf- ./Parkinson_Andrew_Decision.pdf-Colleague A submitted that, prior to the incident, Mr Parkinson was a well-respected ./Parkinson_Andrew_Decision.pdf-teacher within the school at which [REDACTED], who was influential to students and staff ./Parkinson_Andrew_Decision.pdf-and had a lot of experience working in schools. She thought of him as an approachable ./Parkinson_Andrew_Decision.pdf-and caring individual and felt comfortable in asking for his advice, referring to him as her ./Parkinson_Andrew_Decision.pdf-“work dad”. ./Parkinson_Andrew_Decision.pdf- ./Parkinson_Andrew_Decision.pdf-Colleague A submitted that, on the evening of 2 November 2018, after attending ./Parkinson_Andrew_Decision.pdf-[REDACTED], Colleague A got a lift home from Individual B. Colleague A recalled Mr ./Parkinson_Andrew_Decision.pdf-Parkinson being very drunk and having to hold him up on the way through the carpark to -- ./Parkinson_Andrew_Decision.pdf-Colleague A had made a mess and that he would stay with her and get a taxi home. ./Parkinson_Andrew_Decision.pdf-Individual B recalls telling Individual C to make sure she was safe. At this point, Mr ./Parkinson_Andrew_Decision.pdf-Parkinson offered to help with Colleague A and Individual B recalls Individual C being ./Parkinson_Andrew_Decision.pdf-adamant that he shouldn’t help. Individual B stated that the speed and certainty with ./Parkinson_Andrew_Decision.pdf-which Individual C declined Mr Parkinson’s offer of help seemed odd to him at the time ./Parkinson_Andrew_Decision.pdf-but he did not think there was anything to worry about. ./Parkinson_Andrew_Decision.pdf- ./Parkinson_Andrew_Decision.pdf-[REDACTED]. ./Parkinson_Andrew_Decision.pdf- ./Parkinson_Andrew_Decision.pdf-Later that evening, Individual C disclosed by telephone call to Individual B that Colleague ./Parkinson_Andrew_Decision.pdf:A had told him that Mr Parkinson had sexually assaulted her in the car. Individual B ./Parkinson_Andrew_Decision.pdf-remembers telling Individual C to go into “safeguarding mode” and told Individual C that ./Parkinson_Andrew_Decision.pdf-he should write down everything that Colleague A had told him about the alleged incident ./Parkinson_Andrew_Decision.pdf-that evening. ./Parkinson_Andrew_Decision.pdf- ./Parkinson_Andrew_Decision.pdf-Individual C: ./Parkinson_Andrew_Decision.pdf- ./Parkinson_Andrew_Decision.pdf-The panel noted the witness statement and oral evidence of Individual C. The panel ./Parkinson_Andrew_Decision.pdf-found Individual C to be a credible witness. ./Parkinson_Andrew_Decision.pdf- ./Parkinson_Andrew_Decision.pdf-Individual C submitted that on the way [REDACTED], Mr Parkinson had wanted to sit in -- ./Parkinson_Andrew_Decision.pdf-Individual D heard of the allegations upon returning to the School the following Monday. ./Parkinson_Andrew_Decision.pdf- ./Parkinson_Andrew_Decision.pdf-Individual E: ./Parkinson_Andrew_Decision.pdf- ./Parkinson_Andrew_Decision.pdf-The panel noted the witness statement and oral evidence of Individual E. ./Parkinson_Andrew_Decision.pdf- ./Parkinson_Andrew_Decision.pdf:Individual E submitted that in her experience in investigating sexual assaults, it is not ./Parkinson_Andrew_Decision.pdf-uncommon for a victim to react as Colleague A alleges she did, in not fighting and ./Parkinson_Andrew_Decision.pdf-effectively shutting down and ignoring the assault. Individual E further submitted that ./Parkinson_Andrew_Decision.pdf:there was no set response to a sexual assault. ./Parkinson_Andrew_Decision.pdf- ./Parkinson_Andrew_Decision.pdf-Individual E also confirmed that if the allegations were found to be true, this would have ./Parkinson_Andrew_Decision.pdf:constituted a serious sexual assault and confirmed that because the CPS had decided ./Parkinson_Andrew_Decision.pdf-not to proceed, this did not mean that the alleged incident had not occurred. ./Parkinson_Andrew_Decision.pdf- ./Parkinson_Andrew_Decision.pdf-Overall, the panel was mindful that the alleged incident was said to have occurred in ./Parkinson_Andrew_Decision.pdf-November 2018, some three and a half years ago, and it was aware of the deterioration ./Parkinson_Andrew_Decision.pdf-of memory over the passage of time. Notwithstanding this, the panel found that the ./Parkinson_Andrew_Decision.pdf-witness evidence with which it had been provided was consistent, between witnesses, ./Parkinson_Andrew_Decision.pdf-between their statements and the oral evidence provided at the hearing. In particular ./Parkinson_Andrew_Decision.pdf-there were a number of key points, which each of the witnesses who had attended the ./Parkinson_Andrew_Decision.pdf-wedding were able to corroborate: ./Parkinson_Andrew_Decision.pdf- -- ./Parkinson_Andrew_Decision.pdf- ./Parkinson_Andrew_Decision.pdf-The panel was satisfied that the conduct of Mr Parkinson, and in particular the power ./Parkinson_Andrew_Decision.pdf-imbalance between himself and Colleague A due to his senior position within the school, ./Parkinson_Andrew_Decision.pdf-amounted to misconduct of a serious nature which fell significantly short of the standards ./Parkinson_Andrew_Decision.pdf-expected of the profession. ./Parkinson_Andrew_Decision.pdf- ./Parkinson_Andrew_Decision.pdf-The panel also considered whether Mr Parkinson’s conduct displayed behaviours ./Parkinson_Andrew_Decision.pdf-associated with any of the offences listed on pages 12 and 13 of the Advice. ./Parkinson_Andrew_Decision.pdf- ./Parkinson_Andrew_Decision.pdf-The panel found that, even though there had been no conviction, behaviours associated ./Parkinson_Andrew_Decision.pdf:with an offence involving sexual activity were relevant. The Advice indicates that where ./Parkinson_Andrew_Decision.pdf-behaviours associated with such an offence exist, a panel is more likely to conclude that ./Parkinson_Andrew_Decision.pdf-an individual’s conduct would amount to unacceptable professional conduct. ./Parkinson_Andrew_Decision.pdf- ./Parkinson_Andrew_Decision.pdf-The panel noted that the allegations took place outside the education setting in that they ./Parkinson_Andrew_Decision.pdf-took place during a car journey [REDACTED], and therefore were outside of the school ./Parkinson_Andrew_Decision.pdf-environment and school hours. The allegations did, however, involve a colleague at the ./Parkinson_Andrew_Decision.pdf-School. The panel considered Mr Parkinson’s actions related to his profession. ./Parkinson_Andrew_Decision.pdf- ./Parkinson_Andrew_Decision.pdf-Accordingly, as a result of the breach of professional standards, coupled with the ./Parkinson_Andrew_Decision.pdf:extremely serious sexual misconduct, the panel was satisfied that Mr Parkinson was ./Parkinson_Andrew_Decision.pdf-guilty of unacceptable professional conduct. ./Parkinson_Andrew_Decision.pdf- ./Parkinson_Andrew_Decision.pdf-The panel took into account the way the teaching profession is viewed by others and ./Parkinson_Andrew_Decision.pdf-considered the influence that teachers may have on pupils, parents and others in the ./Parkinson_Andrew_Decision.pdf-community. The panel also took account of the uniquely influential role that teachers can ./Parkinson_Andrew_Decision.pdf-hold in pupils’ lives and the fact that pupils must be able to view teachers as role models ./Parkinson_Andrew_Decision.pdf-in the way that they behave. [REDACTED] ./Parkinson_Andrew_Decision.pdf- ./Parkinson_Andrew_Decision.pdf-The findings of misconduct are extremely serious, and the conduct displayed would be ./Parkinson_Andrew_Decision.pdf-likely to have a negative impact on the individual’s status as a teacher, potentially -- ./Parkinson_Andrew_Decision.pdf-or to show that blame has been apportioned, although they are likely to have punitive ./Parkinson_Andrew_Decision.pdf-effect. ./Parkinson_Andrew_Decision.pdf- ./Parkinson_Andrew_Decision.pdf-The panel had regard to the particular public interest considerations set out in the Advice ./Parkinson_Andrew_Decision.pdf-and, having done so, found a number of them to be relevant in this case, namely: the ./Parkinson_Andrew_Decision.pdf-safeguarding and wellbeing of pupils and the protection of other members of the public; ./Parkinson_Andrew_Decision.pdf-the maintenance of public confidence in the profession; declaring and upholding proper ./Parkinson_Andrew_Decision.pdf-standards of conduct; and that prohibition strikes the right balance between the rights of ./Parkinson_Andrew_Decision.pdf-the teacher and the public interest, if they are in conflict. ./Parkinson_Andrew_Decision.pdf- ./Parkinson_Andrew_Decision.pdf:In the light of the panel’s findings against Mr Parkinson, which involved sexual contact ./Parkinson_Andrew_Decision.pdf-with Colleague A without her consent, the panel considered that public confidence in the ./Parkinson_Andrew_Decision.pdf-profession could be seriously weakened if conduct such as that found against Mr ./Parkinson_Andrew_Decision.pdf-Parkinson was not treated with the utmost seriousness when regulating the conduct of ./Parkinson_Andrew_Decision.pdf-the profession. ./Parkinson_Andrew_Decision.pdf- ./Parkinson_Andrew_Decision.pdf-The panel was of the view that a strong public interest consideration in declaring proper ./Parkinson_Andrew_Decision.pdf-standards of conduct in the profession was also present as the conduct found against Mr ./Parkinson_Andrew_Decision.pdf-Parkinson was outside that which could reasonably be tolerated. ./Parkinson_Andrew_Decision.pdf- ./Parkinson_Andrew_Decision.pdf-The panel decided that there was a public interest consideration in retaining the teacher -- ./Parkinson_Andrew_Decision.pdf-considerations both in favour of, and against, prohibition as well as the interests of Mr ./Parkinson_Andrew_Decision.pdf-Parkinson. The panel took further account of the Advice, which suggests that a ./Parkinson_Andrew_Decision.pdf-prohibition order may be appropriate if certain behaviours of a teacher have been proved. ./Parkinson_Andrew_Decision.pdf-In the list of such behaviours, those that were relevant in this case were: ./Parkinson_Andrew_Decision.pdf- ./Parkinson_Andrew_Decision.pdf- • serious departure from the personal and professional conduct elements of the ./Parkinson_Andrew_Decision.pdf- Teachers’ Standards; ./Parkinson_Andrew_Decision.pdf- ./Parkinson_Andrew_Decision.pdf- • abuse of position or trust; and ./Parkinson_Andrew_Decision.pdf- ./Parkinson_Andrew_Decision.pdf: • sexual misconduct, for example, involving actions that were sexually motivated or ./Parkinson_Andrew_Decision.pdf: of a sexual nature and/or that use or exploit the trust, knowledge or influence ./Parkinson_Andrew_Decision.pdf- derived from the individual’s professional position. ./Parkinson_Andrew_Decision.pdf- ./Parkinson_Andrew_Decision.pdf-Even though some of the behaviour found proved in this case indicated that a prohibition ./Parkinson_Andrew_Decision.pdf-order would be appropriate, the panel went on to consider the mitigating factors. ./Parkinson_Andrew_Decision.pdf-Mitigating factors may indicate that a prohibition order would not be appropriate or ./Parkinson_Andrew_Decision.pdf-proportionate. ./Parkinson_Andrew_Decision.pdf- ./Parkinson_Andrew_Decision.pdf-There was no evidence that Mr Parkinson’s actions were not deliberate. ./Parkinson_Andrew_Decision.pdf- ./Parkinson_Andrew_Decision.pdf-There was no evidence to suggest that Mr Parkinson was acting under extreme duress. -- ./Parkinson_Andrew_Decision.pdf-made by the panel would be sufficient. ./Parkinson_Andrew_Decision.pdf- ./Parkinson_Andrew_Decision.pdf-The panel considered whether Mr Parkinson had shown insight into his actions. The ./Parkinson_Andrew_Decision.pdf-panel noted that Mr Parkinson had denied the allegations in their entirety. While the ./Parkinson_Andrew_Decision.pdf-panel was mindful that denial of misconduct is not an absolute bar to a finding of insight, ./Parkinson_Andrew_Decision.pdf-and nor does maintenance of innocence equate to a lack of insight, the panel found there ./Parkinson_Andrew_Decision.pdf-was no evidence that Mr Parkinson had demonstrated insight or remorse into his actions. ./Parkinson_Andrew_Decision.pdf- ./Parkinson_Andrew_Decision.pdf-The panel was of the view that, applying the standard of the ordinary intelligent citizen, it ./Parkinson_Andrew_Decision.pdf-would not be a proportionate and appropriate response to recommend no prohibition ./Parkinson_Andrew_Decision.pdf:order. In light of the serious sexual misconduct which the panel have found proven, ./Parkinson_Andrew_Decision.pdf-recommending that the publication of adverse findings would be sufficient would ./Parkinson_Andrew_Decision.pdf-unacceptably compromise the public interest considerations present in this case, despite ./Parkinson_Andrew_Decision.pdf-the severity of the consequences for Mr Parkinson of prohibition. ./Parkinson_Andrew_Decision.pdf- ./Parkinson_Andrew_Decision.pdf-The panel was of the view that prohibition was both proportionate and appropriate. The ./Parkinson_Andrew_Decision.pdf-panel decided that the public interest considerations outweighed the interests of Mr ./Parkinson_Andrew_Decision.pdf-Parkinson. The seriousness of the misconduct, the lack of insight or remorse for his ./Parkinson_Andrew_Decision.pdf-actions and the grave impact his actions have had on Colleague A were significant ./Parkinson_Andrew_Decision.pdf- ./Parkinson_Andrew_Decision.pdf- 18 -- ./Parkinson_Andrew_Decision.pdf-factors in forming that opinion. Accordingly, the panel made a recommendation to the ./Parkinson_Andrew_Decision.pdf-Secretary of State that a prohibition order should be imposed with immediate effect. ./Parkinson_Andrew_Decision.pdf- ./Parkinson_Andrew_Decision.pdf-The panel went on to consider whether or not it would be appropriate for it to decide to ./Parkinson_Andrew_Decision.pdf-recommend a review period of the order. The panel was mindful that the Advice states ./Parkinson_Andrew_Decision.pdf-that a prohibition order applies for life, but there may be circumstances, in any given ./Parkinson_Andrew_Decision.pdf-case, that may make it appropriate to allow a teacher to apply to have the prohibition ./Parkinson_Andrew_Decision.pdf-order reviewed after a specified period of time that may not be less than 2 years. ./Parkinson_Andrew_Decision.pdf- ./Parkinson_Andrew_Decision.pdf-The Advice indicates that there are behaviours that, if proved, would militate against the ./Parkinson_Andrew_Decision.pdf:recommendation of a review period. One of these behaviours is serious sexual ./Parkinson_Andrew_Decision.pdf:misconduct, such as where the act was sexually motivated and resulted in, or had the ./Parkinson_Andrew_Decision.pdf-potential to result in, harm to a person or persons, particularly where the individual has ./Parkinson_Andrew_Decision.pdf-used his professional position to influence or exploit a person or persons. The panel ./Parkinson_Andrew_Decision.pdf:found that Mr Parkinson was responsible for engaging in sexual contact with Colleague A ./Parkinson_Andrew_Decision.pdf-without her consent. ./Parkinson_Andrew_Decision.pdf- ./Parkinson_Andrew_Decision.pdf-The Advice also indicates that there are behaviours that, if proved, would have greater ./Parkinson_Andrew_Decision.pdf-relevance and weigh in favour of a longer review period. The panel found that Mr ./Parkinson_Andrew_Decision.pdf-Parkinson was not responsible for any such behaviours. ./Parkinson_Andrew_Decision.pdf- ./Parkinson_Andrew_Decision.pdf-The panel decided that the findings indicated a situation in which a review period would ./Parkinson_Andrew_Decision.pdf-not be appropriate and, as such, decided that it would be proportionate, in all the ./Parkinson_Andrew_Decision.pdf-circumstances, for the prohibition order to be recommended without provisions for a ./Parkinson_Andrew_Decision.pdf-review period. -- ./Parkinson_Andrew_Decision.pdf- • Teachers must have proper and professional regard for the ethos, policies and ./Parkinson_Andrew_Decision.pdf- practices of the school in which they teach. ./Parkinson_Andrew_Decision.pdf- ./Parkinson_Andrew_Decision.pdf- • Teachers must have an understanding of, and always act within, the statutory ./Parkinson_Andrew_Decision.pdf- frameworks which set out their professional duties and responsibilities. ./Parkinson_Andrew_Decision.pdf- ./Parkinson_Andrew_Decision.pdf-The panel was also “satisfied that the conduct of Mr Parkinson, and in particular due to ./Parkinson_Andrew_Decision.pdf-his senior position within the school, amounted to misconduct of a serious nature which ./Parkinson_Andrew_Decision.pdf-fell significantly short of the standards expected of the profession.” ./Parkinson_Andrew_Decision.pdf- ./Parkinson_Andrew_Decision.pdf:The findings of misconduct are particularly serious as they include a finding of sexual ./Parkinson_Andrew_Decision.pdf-misconduct on the part of a teacher. ./Parkinson_Andrew_Decision.pdf- ./Parkinson_Andrew_Decision.pdf-I have to determine whether the imposition of a prohibition order is proportionate and in ./Parkinson_Andrew_Decision.pdf-the public interest. In considering that for this case, I have considered the overall aim of a ./Parkinson_Andrew_Decision.pdf-prohibition order which is to protect pupils and to maintain public confidence in the ./Parkinson_Andrew_Decision.pdf-profession. I have considered the extent to which a prohibition order in this case would ./Parkinson_Andrew_Decision.pdf-achieve that aim taking into account the impact that it will have on the individual teacher. ./Parkinson_Andrew_Decision.pdf-I have also asked myself, whether a less intrusive measure, such as the published ./Parkinson_Andrew_Decision.pdf-finding of unacceptable professional conduct and conduct that may bring the profession ./Parkinson_Andrew_Decision.pdf-into disrepute, would itself be sufficient to achieve the overall aim. I have to consider -- ./Parkinson_Andrew_Decision.pdf-In my judgement, the lack of full insight means that there is some risk of the repetition of ./Parkinson_Andrew_Decision.pdf-this behaviour and this puts at risk the future wellbeing of pupils and colleagues. I have ./Parkinson_Andrew_Decision.pdf-therefore given this element considerable weight in reaching my decision. ./Parkinson_Andrew_Decision.pdf- ./Parkinson_Andrew_Decision.pdf-I have gone on to consider the extent to which a prohibition order would maintain public ./Parkinson_Andrew_Decision.pdf-confidence in the profession. The panel observe, “The panel took into account the way ./Parkinson_Andrew_Decision.pdf-the teaching profession is viewed by others and considered the influence that teachers ./Parkinson_Andrew_Decision.pdf-may have on pupils, parents and others in the community.” I am particularly mindful of the ./Parkinson_Andrew_Decision.pdf:finding of sexual misconduct in this case and the panel’s comment, “The findings of ./Parkinson_Andrew_Decision.pdf-misconduct are extremely serious, and the conduct displayed would be likely to have a ./Parkinson_Andrew_Decision.pdf-negative impact on the individual’s status as a teacher, potentially damaging the public ./Parkinson_Andrew_Decision.pdf-perception.” ./Parkinson_Andrew_Decision.pdf- ./Parkinson_Andrew_Decision.pdf-I have had to consider that the public has a high expectation of professional standards of ./Parkinson_Andrew_Decision.pdf-all teachers and that the public might regard a failure to impose a prohibition order as a ./Parkinson_Andrew_Decision.pdf-failure to uphold those high standards. In weighing these considerations, I have had to ./Parkinson_Andrew_Decision.pdf-consider the matter from the point of view of an “ordinary intelligent and well-informed ./Parkinson_Andrew_Decision.pdf-citizen.” ./Parkinson_Andrew_Decision.pdf- -- ./Parkinson_Andrew_Decision.pdf-I have gone on to consider the matter of a review period. In this case, the panel has ./Parkinson_Andrew_Decision.pdf-recommended that no provision should be made for a review period. ./Parkinson_Andrew_Decision.pdf- ./Parkinson_Andrew_Decision.pdf-I have considered the panel’s comments, “The Advice indicates that there are behaviours ./Parkinson_Andrew_Decision.pdf-that, if proved, would militate against the recommendation of a review period. One of ./Parkinson_Andrew_Decision.pdf:these behaviours is serious sexual misconduct, such as where the act was sexually ./Parkinson_Andrew_Decision.pdf-motivated and resulted in, or had the potential to result in, harm to a person or persons, ./Parkinson_Andrew_Decision.pdf-particularly where the individual has used his professional position to influence or exploit ./Parkinson_Andrew_Decision.pdf-a person or persons. The panel found that Mr Parkinson was responsible for engaging in ./Parkinson_Andrew_Decision.pdf:sexual contact with Colleague A without her consent.” ./Parkinson_Andrew_Decision.pdf- ./Parkinson_Andrew_Decision.pdf-I have considered whether not allowing a review period reflects the seriousness of the ./Parkinson_Andrew_Decision.pdf-findings and is proportionate to achieve the aim of maintaining public confidence in the ./Parkinson_Andrew_Decision.pdf-profession. In this case, the factors which mean that not allowing for a review period is ./Parkinson_Andrew_Decision.pdf:necessary are the serious nature of the sexual assault and that, “The panel noted that Mr ./Parkinson_Andrew_Decision.pdf-Parkinson had denied the allegations in their entirety. While the panel was mindful that ./Parkinson_Andrew_Decision.pdf-denial of misconduct is not an absolute bar to a finding of insight, and nor does ./Parkinson_Andrew_Decision.pdf-maintenance of innocence equate to a lack of insight, the panel found there was no ./Parkinson_Andrew_Decision.pdf-evidence that Mr Parkinson had demonstrated insight or remorse into his actions.” ./Parkinson_Andrew_Decision.pdf- ./Parkinson_Andrew_Decision.pdf-I consider therefore that allowing for no review period is necessary to maintain public ./Parkinson_Andrew_Decision.pdf-confidence and is proportionate and in the public interest. ./Parkinson_Andrew_Decision.pdf- ./Parkinson_Andrew_Decision.pdf-This means that Mr Andrew Parkinson is prohibited from teaching indefinitely and ./Parkinson_Andrew_Decision.pdf-cannot teach in any school, sixth form college, relevant youth accommodation or ./Parsons_Simon__13038__-_WEB_Decision.pdf-B. Allegations ./Parsons_Simon__13038__-_WEB_Decision.pdf-The panel considered the allegations set out in the Notice of Proceedings dated 5 August ./Parsons_Simon__13038__-_WEB_Decision.pdf-2016. ./Parsons_Simon__13038__-_WEB_Decision.pdf- ./Parsons_Simon__13038__-_WEB_Decision.pdf-It was alleged that Mr Simon Parsons was guilty of a conviction at any time of a relevant ./Parsons_Simon__13038__-_WEB_Decision.pdf-offence, in that: ./Parsons_Simon__13038__-_WEB_Decision.pdf- ./Parsons_Simon__13038__-_WEB_Decision.pdf-1. On 18 November 2014 he was convicted of: ./Parsons_Simon__13038__-_WEB_Decision.pdf- ./Parsons_Simon__13038__-_WEB_Decision.pdf: a. Causing or inciting sexual activity with a female aged 13 -17 amounting to an abuse ./Parsons_Simon__13038__-_WEB_Decision.pdf- of a position of trust contrary to s.17 Sexual Offences Act 2003; ./Parsons_Simon__13038__-_WEB_Decision.pdf- ./Parsons_Simon__13038__-_WEB_Decision.pdf: b. Causing or inciting sexual activity with a female aged 13 -17 amounting to an abuse ./Parsons_Simon__13038__-_WEB_Decision.pdf- of a position of trust contrary to s.17 Sexual Offences Act 2003; ./Parsons_Simon__13038__-_WEB_Decision.pdf- ./Parsons_Simon__13038__-_WEB_Decision.pdf: c. Causing or inciting sexual activity with a female aged 13 -17 amounting to an abuse ./Parsons_Simon__13038__-_WEB_Decision.pdf- of a position of trust contrary to s.17 Sexual Offences Act 2003; ./Parsons_Simon__13038__-_WEB_Decision.pdf- ./Parsons_Simon__13038__-_WEB_Decision.pdf: d. Causing or inciting sexual activity with a female aged 13 -17 amounting to an abuse ./Parsons_Simon__13038__-_WEB_Decision.pdf- of a position of trust contrary to s.17 Sexual Offences Act 2003; ./Parsons_Simon__13038__-_WEB_Decision.pdf- ./Parsons_Simon__13038__-_WEB_Decision.pdf: e. Causing or inciting sexual activity with a female aged 13 -17 amounting to an abuse ./Parsons_Simon__13038__-_WEB_Decision.pdf- of a position of trust contrary to s.17 Sexual Offences Act 2003; ./Parsons_Simon__13038__-_WEB_Decision.pdf- ./Parsons_Simon__13038__-_WEB_Decision.pdf-2. For his convictions at allegation 1 above, he was sentenced on 20 January 2015 to: ./Parsons_Simon__13038__-_WEB_Decision.pdf- ./Parsons_Simon__13038__-_WEB_Decision.pdf- a. 12 months imprisonment; ./Parsons_Simon__13038__-_WEB_Decision.pdf- ./Parsons_Simon__13038__-_WEB_Decision.pdf- b. Sign on the Sex Offenders Register for 10 years. ./Parsons_Simon__13038__-_WEB_Decision.pdf- ./Parsons_Simon__13038__-_WEB_Decision.pdf-No admissions were made by Mr Parsons ./Parsons_Simon__13038__-_WEB_Decision.pdf- -- ./Parsons_Simon__13038__-_WEB_Decision.pdf-The panel announced its decision and reasons as follows: ./Parsons_Simon__13038__-_WEB_Decision.pdf- ./Parsons_Simon__13038__-_WEB_Decision.pdf-The panel has carefully considered the case and reached a decision. ./Parsons_Simon__13038__-_WEB_Decision.pdf- ./Parsons_Simon__13038__-_WEB_Decision.pdf-The panel confirms that it has read all the documents provided in the bundle in advance ./Parsons_Simon__13038__-_WEB_Decision.pdf-of the hearing. ./Parsons_Simon__13038__-_WEB_Decision.pdf- ./Parsons_Simon__13038__-_WEB_Decision.pdf-Mr Simon Parsons qualified as a teacher in 1987 and was employed as a teacher of ./Parsons_Simon__13038__-_WEB_Decision.pdf-drama at the Castle School, Thornbury from January 1988. Mr Parsons started teaching ./Parsons_Simon__13038__-_WEB_Decision.pdf-Pupil A when she was 15 years old. The relationship between Pupil A and Mr Parsons ./Parsons_Simon__13038__-_WEB_Decision.pdf:commenced when she was 16, involving kissing and sexual touching. Sexual intercourse ./Parsons_Simon__13038__-_WEB_Decision.pdf-took place when Pupil A was 17. Mr Parsons would have been 43 years old at that time. ./Parsons_Simon__13038__-_WEB_Decision.pdf- ./Parsons_Simon__13038__-_WEB_Decision.pdf-On Pupil A's 17th birthday, Mr Parsons took her to London to the theatre and they stayed ./Parsons_Simon__13038__-_WEB_Decision.pdf:overnight in a hotel where they had sexual intercourse. Thereafter, the relationship ./Parsons_Simon__13038__-_WEB_Decision.pdf-continued for a period of four years. In the year before her 18 th birthday, when the activity ./Parsons_Simon__13038__-_WEB_Decision.pdf:ceased being illegal, they had sexual intercourse on numerous occasions, including on ./Parsons_Simon__13038__-_WEB_Decision.pdf-school premises. The relationship continued after Pupil A left school and gave birth to a ./Parsons_Simon__13038__-_WEB_Decision.pdf-son. It was not disputed that Mr Parsons was the father of the child. Following advice ./Parsons_Simon__13038__-_WEB_Decision.pdf-from her aunt, Pupil A reported the relationship to the police in March 2014. Mr Parsons ./Parsons_Simon__13038__-_WEB_Decision.pdf-was interviewed under caution where he admitted the relationship. Mr Parsons appeared ./Parsons_Simon__13038__-_WEB_Decision.pdf-at Bristol Crown Court on 18 November 2014 where he pleaded guilty to five specimen ./Parsons_Simon__13038__-_WEB_Decision.pdf:counts of causing or inciting sexual activity with a female aged 13 - 17 amounting to an ./Parsons_Simon__13038__-_WEB_Decision.pdf-abuse of a position of trust contrary to s.17 Sexual Offences Act 2003. On 20 January ./Parsons_Simon__13038__-_WEB_Decision.pdf-2015, he was sentenced to 12 months imprisonment, concurrent, for each count and was ./Parsons_Simon__13038__-_WEB_Decision.pdf-ordered to sign on the Sex Offenders Register for a period of 10 years. ./Parsons_Simon__13038__-_WEB_Decision.pdf- ./Parsons_Simon__13038__-_WEB_Decision.pdf-Findings of fact ./Parsons_Simon__13038__-_WEB_Decision.pdf-Our findings of fact are as follows: ./Parsons_Simon__13038__-_WEB_Decision.pdf- ./Parsons_Simon__13038__-_WEB_Decision.pdf-It was alleged that you are guilty of a conviction at any time of a relevant offence, ./Parsons_Simon__13038__-_WEB_Decision.pdf-in that: ./Parsons_Simon__13038__-_WEB_Decision.pdf- ./Parsons_Simon__13038__-_WEB_Decision.pdf-1. On 18 November 2014 you were convicted of: ./Parsons_Simon__13038__-_WEB_Decision.pdf- ./Parsons_Simon__13038__-_WEB_Decision.pdf: a. Causing or inciting sexual activity with a female aged 13 -17 amounting to an ./Parsons_Simon__13038__-_WEB_Decision.pdf- abuse of a position of trust contrary to s.17 Sexual Offences Act 2003; ./Parsons_Simon__13038__-_WEB_Decision.pdf- ./Parsons_Simon__13038__-_WEB_Decision.pdf: b. Causing or inciting sexual activity with a female aged 13 -17 amounting to an ./Parsons_Simon__13038__-_WEB_Decision.pdf- abuse of a position of trust contrary to s.17 Sexual Offences Act 2003; ./Parsons_Simon__13038__-_WEB_Decision.pdf- ./Parsons_Simon__13038__-_WEB_Decision.pdf: c. Causing or inciting sexual activity with a female aged 13 -17 amounting to an ./Parsons_Simon__13038__-_WEB_Decision.pdf- abuse of a position of trust contrary to s.17 Sexual Offences Act 2003; ./Parsons_Simon__13038__-_WEB_Decision.pdf- ./Parsons_Simon__13038__-_WEB_Decision.pdf- ./Parsons_Simon__13038__-_WEB_Decision.pdf- 6 ./Parsons_Simon__13038__-_WEB_Decision.pdf- -- ./Parsons_Simon__13038__-_WEB_Decision.pdf: d. Causing or inciting sexual activity with a female aged 13 -17 amounting to an ./Parsons_Simon__13038__-_WEB_Decision.pdf- abuse of a position of trust contrary to s.17 Sexual Offences Act 2003; ./Parsons_Simon__13038__-_WEB_Decision.pdf- ./Parsons_Simon__13038__-_WEB_Decision.pdf: e. Causing or inciting sexual activity with a female aged 13 -17 amounting to an ./Parsons_Simon__13038__-_WEB_Decision.pdf- abuse of a position of trust contrary to s.17 Sexual Offences Act 2003; ./Parsons_Simon__13038__-_WEB_Decision.pdf- ./Parsons_Simon__13038__-_WEB_Decision.pdf-2. For your convictions at allegation 1 above, you were sentenced on 20 January ./Parsons_Simon__13038__-_WEB_Decision.pdf- 2015 to: ./Parsons_Simon__13038__-_WEB_Decision.pdf- ./Parsons_Simon__13038__-_WEB_Decision.pdf- a. 12 months imprisonment; ./Parsons_Simon__13038__-_WEB_Decision.pdf- ./Parsons_Simon__13038__-_WEB_Decision.pdf- b. Sign on the Sex Offenders Register for 10 years. ./Parsons_Simon__13038__-_WEB_Decision.pdf- ./Parsons_Simon__13038__-_WEB_Decision.pdf-The panel finds the alleged facts proved based on the content of the certificate of -- ./Parsons_Simon__13038__-_WEB_Decision.pdf- ./Parsons_Simon__13038__-_WEB_Decision.pdf-The panel has also taken account of how the teaching profession is viewed by others. ./Parsons_Simon__13038__-_WEB_Decision.pdf-The panel considered that Mr Parsons' behaviour in committing the offences could ./Parsons_Simon__13038__-_WEB_Decision.pdf-seriously undermine public confidence in the teaching profession given the influence that ./Parsons_Simon__13038__-_WEB_Decision.pdf-teachers may have on pupils, parents and others in the community. ./Parsons_Simon__13038__-_WEB_Decision.pdf- ./Parsons_Simon__13038__-_WEB_Decision.pdf-The panel has noted that Mr Parsons' behaviour has ultimately led to him receiving a ./Parsons_Simon__13038__-_WEB_Decision.pdf-sentence of imprisonment and an order that he sign the Sex Offenders Register for 10 ./Parsons_Simon__13038__-_WEB_Decision.pdf-years, which is indicative of the seriousness of the offences committed. ./Parsons_Simon__13038__-_WEB_Decision.pdf- ./Parsons_Simon__13038__-_WEB_Decision.pdf:This is a case involving an offence involving sexual activity which the Advice states is ./Parsons_Simon__13038__-_WEB_Decision.pdf-likely to be considered a relevant offence. ./Parsons_Simon__13038__-_WEB_Decision.pdf- ./Parsons_Simon__13038__-_WEB_Decision.pdf-The panel has taken into account how well regarded Mr Parsons was as a teacher and ./Parsons_Simon__13038__-_WEB_Decision.pdf-the fact that he pleaded guilty at the earliest opportunity. ./Parsons_Simon__13038__-_WEB_Decision.pdf- ./Parsons_Simon__13038__-_WEB_Decision.pdf-Although the panel acknowledges these mitigating factors, the panel has found the ./Parsons_Simon__13038__-_WEB_Decision.pdf-seriousness of the offending behaviour that led to the convictions is relevant to the ./Parsons_Simon__13038__-_WEB_Decision.pdf-teacher’s ongoing suitability to teach. The panel considers that a finding that these ./Parsons_Simon__13038__-_WEB_Decision.pdf-convictions are relevant offences is necessary to reaffirm clear standards of conduct so ./Parsons_Simon__13038__-_WEB_Decision.pdf-as to maintain public confidence in the teaching profession. -- ./Parsons_Simon__13038__-_WEB_Decision.pdf-order may be appropriate if certain behaviours of a teacher have been proven. In the list ./Parsons_Simon__13038__-_WEB_Decision.pdf-of such behaviours, those that are relevant in this case are: ./Parsons_Simon__13038__-_WEB_Decision.pdf- ./Parsons_Simon__13038__-_WEB_Decision.pdf-  serious departure from the personal and professional conduct elements of the ./Parsons_Simon__13038__-_WEB_Decision.pdf- Teachers’ Standards; ./Parsons_Simon__13038__-_WEB_Decision.pdf-  misconduct seriously affecting the education and/or well-being of pupils. Mr ./Parsons_Simon__13038__-_WEB_Decision.pdf- Parsons' conduct indicates someone who does not understand safeguarding and ./Parsons_Simon__13038__-_WEB_Decision.pdf- child protection issues and, therefore, the panel cannot be confident that the ./Parsons_Simon__13038__-_WEB_Decision.pdf- conduct would not be repeated; ./Parsons_Simon__13038__-_WEB_Decision.pdf-  abuse of position of trust involving a pupil he was teaching; ./Parsons_Simon__13038__-_WEB_Decision.pdf:  serious sexual misconduct, which stemmed from a pupil/ teacher relationship and ./Parsons_Simon__13038__-_WEB_Decision.pdf- continued for a prolonged period. The panel noted that Mr Parsons was an ./Parsons_Simon__13038__-_WEB_Decision.pdf- experienced teacher aged 43 when the relationship began and head of ./Parsons_Simon__13038__-_WEB_Decision.pdf- department. In his sentencing remarks, the judge said that there were aggravating ./Parsons_Simon__13038__-_WEB_Decision.pdf: features including that the sexual intercourse was unprotected. The panel noted ./Parsons_Simon__13038__-_WEB_Decision.pdf: that the sexual intercourse resulted in the birth of a child. ./Parsons_Simon__13038__-_WEB_Decision.pdf-  the commission of a serious criminal offence that resulted in a conviction. ./Parsons_Simon__13038__-_WEB_Decision.pdf-Even though there were behaviours that would point to a prohibition order being ./Parsons_Simon__13038__-_WEB_Decision.pdf-appropriate, the panel considered whether there were sufficient mitigating factors to ./Parsons_Simon__13038__-_WEB_Decision.pdf-militate against a prohibition order being recommended, particularly taking into account ./Parsons_Simon__13038__-_WEB_Decision.pdf-the nature and severity of the behaviour in this case. ./Parsons_Simon__13038__-_WEB_Decision.pdf- ./Parsons_Simon__13038__-_WEB_Decision.pdf- ./Parsons_Simon__13038__-_WEB_Decision.pdf- ./Parsons_Simon__13038__-_WEB_Decision.pdf- 9 ./Parsons_Simon__13038__-_WEB_Decision.pdf- -- ./Parsons_Simon__13038__-_WEB_Decision.pdf-opinion. Accordingly, the panel makes a recommendation to the Secretary of State that a ./Parsons_Simon__13038__-_WEB_Decision.pdf-prohibition order should be imposed with immediate effect. ./Parsons_Simon__13038__-_WEB_Decision.pdf- ./Parsons_Simon__13038__-_WEB_Decision.pdf-The panel went on to consider whether or not it would be appropriate to recommend a ./Parsons_Simon__13038__-_WEB_Decision.pdf-review period of the order. The panel was mindful that the Advice suggests that a ./Parsons_Simon__13038__-_WEB_Decision.pdf-prohibition order applies for life, but there may be circumstances in any given case that ./Parsons_Simon__13038__-_WEB_Decision.pdf-may make it appropriate to allow a teacher to apply to have the prohibition order ./Parsons_Simon__13038__-_WEB_Decision.pdf-reviewed after a specified period of time, that may not be less than two years. ./Parsons_Simon__13038__-_WEB_Decision.pdf- ./Parsons_Simon__13038__-_WEB_Decision.pdf-The Advice indicates that there are behaviours that, if proven, would militate against a ./Parsons_Simon__13038__-_WEB_Decision.pdf:review period being recommended. These behaviours include serious sexual ./Parsons_Simon__13038__-_WEB_Decision.pdf-misconduct. For the reasons stated above, the panel has found that this was serious ./Parsons_Simon__13038__-_WEB_Decision.pdf:sexual misconduct. ./Parsons_Simon__13038__-_WEB_Decision.pdf- ./Parsons_Simon__13038__-_WEB_Decision.pdf-The panel felt the findings indicated a situation in which a review period would not be ./Parsons_Simon__13038__-_WEB_Decision.pdf-appropriate and as such decided that it would be proportionate in all the circumstances ./Parsons_Simon__13038__-_WEB_Decision.pdf-for the prohibition order to be recommended without provision for a review period. ./Parsons_Simon__13038__-_WEB_Decision.pdf- ./Parsons_Simon__13038__-_WEB_Decision.pdf- ./Parsons_Simon__13038__-_WEB_Decision.pdf-Decision and reasons on behalf of the Secretary of State ./Parsons_Simon__13038__-_WEB_Decision.pdf-I have given very careful consideration to this case and to the recommendation made by ./Parsons_Simon__13038__-_WEB_Decision.pdf-the panel in respect of both sanction and review period. ./Parsons_Simon__13038__-_WEB_Decision.pdf- -- ./Parsons_Simon__13038__-_WEB_Decision.pdf-State. That advice suggests that a prohibition order may be appropriate if certain ./Parsons_Simon__13038__-_WEB_Decision.pdf-behaviours of a teacher have been proven. In the list of such behaviours, those that are ./Parsons_Simon__13038__-_WEB_Decision.pdf-relevant in this case are: ./Parsons_Simon__13038__-_WEB_Decision.pdf- ./Parsons_Simon__13038__-_WEB_Decision.pdf-  serious departure from the personal and professional conduct elements of the ./Parsons_Simon__13038__-_WEB_Decision.pdf- Teachers’ Standards; ./Parsons_Simon__13038__-_WEB_Decision.pdf-  misconduct seriously affecting the education and/or well-being of pupils. Mr ./Parsons_Simon__13038__-_WEB_Decision.pdf- Parsons' conduct indicates someone who does not understand safeguarding and ./Parsons_Simon__13038__-_WEB_Decision.pdf- child protection issues; ./Parsons_Simon__13038__-_WEB_Decision.pdf-  abuse of position of trust involving a pupil he was teaching; ./Parsons_Simon__13038__-_WEB_Decision.pdf:  serious sexual misconduct, which stemmed from a pupil/ teacher relationship and ./Parsons_Simon__13038__-_WEB_Decision.pdf- continued for a prolonged period. In his sentencing remarks, the judge said that ./Parsons_Simon__13038__-_WEB_Decision.pdf: there were aggravating features including that the sexual intercourse was ./Parsons_Simon__13038__-_WEB_Decision.pdf- unprotected. ./Parsons_Simon__13038__-_WEB_Decision.pdf-  the commission of a serious criminal offence that resulted in a conviction. ./Parsons_Simon__13038__-_WEB_Decision.pdf- ./Parsons_Simon__13038__-_WEB_Decision.pdf- ./Parsons_Simon__13038__-_WEB_Decision.pdf- ./Parsons_Simon__13038__-_WEB_Decision.pdf-I have taken into account the guidance published by the Secretary of State. I have also ./Parsons_Simon__13038__-_WEB_Decision.pdf-taken into account the need to be proportionate and to balance the interests of the ./Parsons_Simon__13038__-_WEB_Decision.pdf-teacher with the interests of the public. ./Parsons_Simon__13038__-_WEB_Decision.pdf- ./Parsons_Simon__13038__-_WEB_Decision.pdf-I support the recommendation made by the panel. This was a serious case and it is ./Parsons_Simon__13038__-_WEB_Decision.pdf-proportionate and in the public interest that Mr Parsons be prohibited from teaching. ./Parsons_Simon__13038__-_WEB_Decision.pdf- ./Parsons_Simon__13038__-_WEB_Decision.pdf-I have taken into account the mitigating factors considered by the panel. I have also ./Parsons_Simon__13038__-_WEB_Decision.pdf-taken into account the advice which indicates that there are behaviours that, if proven, ./Parsons_Simon__13038__-_WEB_Decision.pdf-would militate against a review period being allowed. These behaviours include serious ./Parsons_Simon__13038__-_WEB_Decision.pdf:sexual misconduct. For the reasons stated above, the panel has found that this was ./Parsons_Simon__13038__-_WEB_Decision.pdf:serious sexual misconduct. I therefore support the recommendation that there be no ./Parsons_Simon__13038__-_WEB_Decision.pdf-review period. ./Parsons_Simon__13038__-_WEB_Decision.pdf- ./Parsons_Simon__13038__-_WEB_Decision.pdf-This means that Mr Simon Parsons is prohibited from teaching indefinitely and ./Parsons_Simon__13038__-_WEB_Decision.pdf-cannot teach in any school, sixth form college, relevant youth accommodation or ./Parsons_Simon__13038__-_WEB_Decision.pdf-children’s home in England. Furthermore, in view of the seriousness of the allegations ./Parsons_Simon__13038__-_WEB_Decision.pdf-found proved against him, I have decided that Mr Simon Parsons shall not be entitled to ./Parsons_Simon__13038__-_WEB_Decision.pdf-apply for restoration of his eligibility to teach. ./Parsons_Simon__13038__-_WEB_Decision.pdf- ./Parsons_Simon__13038__-_WEB_Decision.pdf- ./Parsons_Simon__13038__-_WEB_Decision.pdf- ./Patel_11923_Web_decision.pdf-language, Mr Patel gave evidence that, at that time, he was prone to making ./Patel_11923_Web_decision.pdf-inappropriate comments and that it was possible that these words were used by him. ./Patel_11923_Web_decision.pdf- ./Patel_11923_Web_decision.pdf-Taking all of the evidence into account, the panel is satisfied that it is more likely than not ./Patel_11923_Web_decision.pdf-that Mr Patel used the words in 2(a)(i) and (ii) when teaching a group of pupils and that ./Patel_11923_Web_decision.pdf:these remarks were inappropriate because of their sexual content. ./Patel_11923_Web_decision.pdf- ./Patel_11923_Web_decision.pdf-Accordingly, the panel finds allegation 2(a)(i) and (ii) proved. ./Patel_11923_Web_decision.pdf- ./Patel_11923_Web_decision.pdf- b. acted dishonestly in that you prepared your CV in a way which was likely to ./Patel_11923_Web_decision.pdf- mislead potential employers about your employment history, by implying ./Patel_11923_Web_decision.pdf- that you had been employed at Teesdale School for a period or ./Patel_11923_Web_decision.pdf- approproximately two years, when in fact you were employed there for just ./Patel_11923_Web_decision.pdf- over a month. ./Patel_11923_Web_decision.pdf- ./Patel_11923_Web_decision.pdf-The panel is satisfied that the relevant entry in the CV implied that Mr Patel had been ./Pate_Richard_SOS_Decision_redactions.pdf- ./Pate_Richard_SOS_Decision_redactions.pdf- f) gave Pupil A a book with a personalized message; ./Pate_Richard_SOS_Decision_redactions.pdf- ./Pate_Richard_SOS_Decision_redactions.pdf- g) gave Pupil A a story about an intern and a boss who had a relationship; ./Pate_Richard_SOS_Decision_redactions.pdf- ./Pate_Richard_SOS_Decision_redactions.pdf- h) referred to himself as the ‘boss’ in the story at (g) above and referred to Pupil A as ./Pate_Richard_SOS_Decision_redactions.pdf- the ‘intern’ or words to that effect; and ./Pate_Richard_SOS_Decision_redactions.pdf- ./Pate_Richard_SOS_Decision_redactions.pdf- i) told Pupil A she looked “stunning” or words to that effect. ./Pate_Richard_SOS_Decision_redactions.pdf- ./Pate_Richard_SOS_Decision_redactions.pdf:2. His conduct at any or all of 1(a) to 1(i) above was sexually motivated. ./Pate_Richard_SOS_Decision_redactions.pdf- ./Pate_Richard_SOS_Decision_redactions.pdf-3. Between around September 2018 and June 2019 he: ./Pate_Richard_SOS_Decision_redactions.pdf- ./Pate_Richard_SOS_Decision_redactions.pdf- a) sent one or more letters to Pupil A; ./Pate_Richard_SOS_Decision_redactions.pdf- ./Pate_Richard_SOS_Decision_redactions.pdf- b) sent text messages to Pupil A; ./Pate_Richard_SOS_Decision_redactions.pdf- ./Pate_Richard_SOS_Decision_redactions.pdf- c) sent emails to Pupil A from his work and / or his personal email address; ./Pate_Richard_SOS_Decision_redactions.pdf- ./Pate_Richard_SOS_Decision_redactions.pdf- d) sent a card to Pupil A with the caption “I literally can’t keep my hands off you” or -- ./Pate_Richard_SOS_Decision_redactions.pdf- g) went for one or more walks with Pupil A; ./Pate_Richard_SOS_Decision_redactions.pdf- ./Pate_Richard_SOS_Decision_redactions.pdf- h) engaged in a ‘Panic Room’ activity with Pupil A; ./Pate_Richard_SOS_Decision_redactions.pdf- ./Pate_Richard_SOS_Decision_redactions.pdf- i) kissed Pupil A; and ./Pate_Richard_SOS_Decision_redactions.pdf- ./Pate_Richard_SOS_Decision_redactions.pdf: j) engaged in sexual touching with Pupil A. ./Pate_Richard_SOS_Decision_redactions.pdf- ./Pate_Richard_SOS_Decision_redactions.pdf:4. His conduct at any or all of 3(a) to 3(j) above was sexually motivated. ./Pate_Richard_SOS_Decision_redactions.pdf- ./Pate_Richard_SOS_Decision_redactions.pdf-5. On or about 14 December 2018, he was absent from School and the reason given by ./Pate_Richard_SOS_Decision_redactions.pdf- him and / or recorded by the School was sickness, when in fact the reason for his ./Pate_Richard_SOS_Decision_redactions.pdf- absence was to meet Pupil A. ./Pate_Richard_SOS_Decision_redactions.pdf- ./Pate_Richard_SOS_Decision_redactions.pdf-6. On or about 23 April 2019, he was absent from School and the reason given by him ./Pate_Richard_SOS_Decision_redactions.pdf- and / or recorded by the School was that his child was unwell, when in fact the ./Pate_Richard_SOS_Decision_redactions.pdf- reason for his absence was to meet Pupil A. ./Pate_Richard_SOS_Decision_redactions.pdf- ./Pate_Richard_SOS_Decision_redactions.pdf-7. His conduct at 5 and/ or 6 above was dishonest. -- ./Pate_Richard_SOS_Decision_redactions.pdf-submitted that on 10 June 2019, he arrived at the School and was met by one of the ./Pate_Richard_SOS_Decision_redactions.pdf-deputy headteachers, Witness C, who informed him that a member of staff had made a ./Pate_Richard_SOS_Decision_redactions.pdf-disclosure about inappropriate conduct with a former pupil. ./Pate_Richard_SOS_Decision_redactions.pdf- ./Pate_Richard_SOS_Decision_redactions.pdf-Witness A explained that Witness C explained to him that Mr Pate had arrived at the ./Pate_Richard_SOS_Decision_redactions.pdf-School that morning flustered and saying that he had made a mistake in that he had ./Pate_Richard_SOS_Decision_redactions.pdf-been having a relationship with a former pupil, Pupil A. Mr Pate explained that he had ./Pate_Richard_SOS_Decision_redactions.pdf-been providing one to one support to Pupil A and that during that time he felt he got on ./Pate_Richard_SOS_Decision_redactions.pdf-well with Pupil A. Mr Pate admitted that whilst Pupil A was a pupil at the School, he had ./Pate_Richard_SOS_Decision_redactions.pdf-strong feelings for her and had acted on this after the pupil had left the School. Mr Pate ./Pate_Richard_SOS_Decision_redactions.pdf:disclosed to Witness C that “he had had some sexual contact with Pupil A, but had not ./Pate_Richard_SOS_Decision_redactions.pdf:had sex with her.” ./Pate_Richard_SOS_Decision_redactions.pdf- ./Pate_Richard_SOS_Decision_redactions.pdf-Witness A submitted that on the same morning, he was also made aware that Pupil A’s ./Pate_Richard_SOS_Decision_redactions.pdf-father had spoken to the other deputy headteacher, Witness B, and had raised concerns ./Pate_Richard_SOS_Decision_redactions.pdf-about his daughter’s relationship with Mr Pate. Pupil A’s father stated that his daughter ./Pate_Richard_SOS_Decision_redactions.pdf:had been “groomed” by Mr Pate. Witness B informed Witness A of the allegations made. ./Pate_Richard_SOS_Decision_redactions.pdf- ./Pate_Richard_SOS_Decision_redactions.pdf-Witness B told Witness A that Pupil A’s father referred to the 1:1 tuition provided by Mr ./Pate_Richard_SOS_Decision_redactions.pdf-Pate to Pupil A, which Pupil A’s father had believed had been with others. Mr Pate had ./Pate_Richard_SOS_Decision_redactions.pdf-told Witness C that this 1:1 tuition was what had started their relationship. Witness A ./Pate_Richard_SOS_Decision_redactions.pdf-suspended Mr Pate pending a further investigation into the disclosure Mr Pate had made ./Pate_Richard_SOS_Decision_redactions.pdf:and the allegations of “grooming” made by Pupil A’s father. ./Pate_Richard_SOS_Decision_redactions.pdf- ./Pate_Richard_SOS_Decision_redactions.pdf-Upon carrying out an investigation, Witness A reviewed Mr Pate’s email trail and his area ./Pate_Richard_SOS_Decision_redactions.pdf-of the School network. A number of photographs were found which Witness A ./Pate_Richard_SOS_Decision_redactions.pdf-“considered odd,” as they were a selection of photographs of a number of pupils. At least ./Pate_Richard_SOS_Decision_redactions.pdf-one of the photographs was an image of Mr Pate with his arm around Pupil A in his ./Pate_Richard_SOS_Decision_redactions.pdf-classroom and had been taken on a self-timer with no other persons present. ./Pate_Richard_SOS_Decision_redactions.pdf- ./Pate_Richard_SOS_Decision_redactions.pdf-Witness A held a meeting with Pupil A and Pupil A’s mother. Pupil A explained that she ./Pate_Richard_SOS_Decision_redactions.pdf-had become “close” with Mr Pate whilst she was a pupil at the School, explaining that Mr ./Pate_Richard_SOS_Decision_redactions.pdf-Pate provided extra support lessons for her alone, which she had recognised as “special -- ./Pate_Richard_SOS_Decision_redactions.pdf-tuition to be provided in the lead up to exam season. However, in the interests of ./Pate_Richard_SOS_Decision_redactions.pdf-efficiency, these sessions would be on an “open invitation” basis to as many pupils as ./Pate_Richard_SOS_Decision_redactions.pdf-possible. He continued that usually a teacher would only be providing 1:1 tuition if others ./Pate_Richard_SOS_Decision_redactions.pdf-that had been asked to attend had not turned up, effectively by accident. Witness A ./Pate_Richard_SOS_Decision_redactions.pdf-submitted that he was not aware of the 1:1 tuition which Mr Pate was providing to Pupil ./Pate_Richard_SOS_Decision_redactions.pdf-A. In Witness A’s view, “this had been hidden from the wider school community” as other ./Pate_Richard_SOS_Decision_redactions.pdf-staff, pupils and Pupil A’s parents were not aware. ./Pate_Richard_SOS_Decision_redactions.pdf- ./Pate_Richard_SOS_Decision_redactions.pdf-The panel considered the witness statement and oral evidence of Witness B. Witness B ./Pate_Richard_SOS_Decision_redactions.pdf-submitted that she first became aware of the allegations against Mr Pate when she spoke ./Pate_Richard_SOS_Decision_redactions.pdf:with Pupil A’s father. Pupil A’s father stated that his daughter had been “groomed.” Pupil ./Pate_Richard_SOS_Decision_redactions.pdf-A’s father had seen a text message from Pupil A by accident, which was meant for Mr ./Pate_Richard_SOS_Decision_redactions.pdf-Pate. Pupil A’s father also explained that he found a book with a signed inappropriate ./Pate_Richard_SOS_Decision_redactions.pdf-message from Mr Pate to Pupil A, and a card which was written in the same handwriting. ./Pate_Richard_SOS_Decision_redactions.pdf-Witness B reported what she had been told to Witness C. ./Pate_Richard_SOS_Decision_redactions.pdf- ./Pate_Richard_SOS_Decision_redactions.pdf-Within her oral evidence, Witness B submitted that the advice given to teachers in ./Pate_Richard_SOS_Decision_redactions.pdf-respect of 1:1 tuition is that they should not be in a room alone with a pupil unless the ./Pate_Richard_SOS_Decision_redactions.pdf-door is open and that they must let other staff know. Witness B also submitted that ./Pate_Richard_SOS_Decision_redactions.pdf-teachers were told to not put themselves in a situation where things could be ./Pate_Richard_SOS_Decision_redactions.pdf-misinterpreted. -- ./Pate_Richard_SOS_Decision_redactions.pdf-evening on 7 November 2018 and felt that “he wanted more” and that Pupil A had felt the ./Pate_Richard_SOS_Decision_redactions.pdf-same way. ./Pate_Richard_SOS_Decision_redactions.pdf- ./Pate_Richard_SOS_Decision_redactions.pdf-In light of the teacher’s admissions and the evidence of the witnesses before them, the ./Pate_Richard_SOS_Decision_redactions.pdf-panel found that on the balance of probabilities, it was more likely than not that the ./Pate_Richard_SOS_Decision_redactions.pdf-incidents as alleged had occurred. With the exception of the 1:1 exam tuition which took ./Pate_Richard_SOS_Decision_redactions.pdf-place in Year 10 in 2017, the panel was satisfied that each of the allegations at 1(a) to (i) ./Pate_Richard_SOS_Decision_redactions.pdf-constituted a failure to observe a proper boundary appropriate to a teacher’s professional ./Pate_Richard_SOS_Decision_redactions.pdf-position. Accordingly, the panel found allegations 1(a) to (i) proven. ./Pate_Richard_SOS_Decision_redactions.pdf- ./Pate_Richard_SOS_Decision_redactions.pdf: 2. Your conduct at any or all of 1(a) to 1(i) above was sexually motivated. ./Pate_Richard_SOS_Decision_redactions.pdf- ./Pate_Richard_SOS_Decision_redactions.pdf-The panel noted that within the response to the notice of proceedings, Mr Pate denied ./Pate_Richard_SOS_Decision_redactions.pdf-allegation 2. ./Pate_Richard_SOS_Decision_redactions.pdf- ./Pate_Richard_SOS_Decision_redactions.pdf-The panel noted Mr Pate’s letter to the TRA 28 December 2020 in which he submitted ./Pate_Richard_SOS_Decision_redactions.pdf:that at no point in the relationship was physical, sexual contact a motivating factor. Mr ./Pate_Richard_SOS_Decision_redactions.pdf-Pate expressed that his feelings for Pupil A developed because of who she is: her ./Pate_Richard_SOS_Decision_redactions.pdf-personality, style, values and interests. Mr Pate felt that he had an emotional connection ./Pate_Richard_SOS_Decision_redactions.pdf-with Pupil A, who meant a lot to him. ./Pate_Richard_SOS_Decision_redactions.pdf- ./Pate_Richard_SOS_Decision_redactions.pdf-The panel heard oral evidence from Mr Pate in which he stated that his actions “were not ./Pate_Richard_SOS_Decision_redactions.pdf:driven by sexual intention but purely by an overwhelming and encompassing sense of joy ./Pate_Richard_SOS_Decision_redactions.pdf-brought through emotional companionship.” ./Pate_Richard_SOS_Decision_redactions.pdf- ./Pate_Richard_SOS_Decision_redactions.pdf-The panel heard legal advice and in particular in respect of the judgment of Sait v The ./Pate_Richard_SOS_Decision_redactions.pdf-General Medical Council [2018] EWHC 3160 (Admin) in which Mr Justice Mostyn set ./Pate_Richard_SOS_Decision_redactions.pdf:out the correct approach to allegations of sexually motivated conduct. Mr Justice Mostyn ./Pate_Richard_SOS_Decision_redactions.pdf-referred approvingly to section 78 of the Sexual Offences Act 2003 as a comprehensive ./Pate_Richard_SOS_Decision_redactions.pdf:definition of what conduct is, or is not, to be regards as ‘sexual’. This states, “For the ./Pate_Richard_SOS_Decision_redactions.pdf-purposes of this Part (except section 71), penetration, touching or any other activity is ./Pate_Richard_SOS_Decision_redactions.pdf:sexual if a reasonable person would consider that (a) whatever its circumstances or any ./Pate_Richard_SOS_Decision_redactions.pdf:person's purpose in relation to it, it is because of its nature sexual, or (b) because of its ./Pate_Richard_SOS_Decision_redactions.pdf:nature it may be sexual and because of its circumstances or the purpose of any person in ./Pate_Richard_SOS_Decision_redactions.pdf:relation to it (or both) it is sexual.” ./Pate_Richard_SOS_Decision_redactions.pdf- ./Pate_Richard_SOS_Decision_redactions.pdf:The panel also heard legal advice in respect of sexual motivation and the 2 cases of ./Pate_Richard_SOS_Decision_redactions.pdf-Basson v General Medical Council [2018] EWHC 505 (Admin] and General Medical ./Pate_Richard_SOS_Decision_redactions.pdf- ./Pate_Richard_SOS_Decision_redactions.pdf- ./Pate_Richard_SOS_Decision_redactions.pdf- 12 ./Pate_Richard_SOS_Decision_redactions.pdf- -- ./Pate_Richard_SOS_Decision_redactions.pdf-Council v Haris [2020] EHWC 2518. The panel was provided with the meaning of ./Pate_Richard_SOS_Decision_redactions.pdf:sexual motive in Basson, “A sexual motive means that the conduct was done either in ./Pate_Richard_SOS_Decision_redactions.pdf:pursuit of sexual gratification or in pursuit of a sexual relationship.” The panel was also ./Pate_Richard_SOS_Decision_redactions.pdf-provided with the conclusion in Haris that, “In the absence of a plausible innocent ./Pate_Richard_SOS_Decision_redactions.pdf:explanation for what he did, the facts spoke for themselves. A sexual motive was plainly ./Pate_Richard_SOS_Decision_redactions.pdf-more likely than not; I would go so far as to say that that inference was overwhelming.” ./Pate_Richard_SOS_Decision_redactions.pdf- ./Pate_Richard_SOS_Decision_redactions.pdf-Within his oral testimony, Mr Pate accepted that the journey which he had travelled, in ./Pate_Richard_SOS_Decision_redactions.pdf-terms of his feelings, began as a professional relationship which moved into a platonic ./Pate_Richard_SOS_Decision_redactions.pdf-friendship and then into a romantic relationship characterised by companionship and ./Pate_Richard_SOS_Decision_redactions.pdf-sometimes passion. Mr Pate submitted that as the 1:1 sessions progressed in 2018, he ./Pate_Richard_SOS_Decision_redactions.pdf-“began to feel a certain way”. Mr Pate further stated that during Pupil A’s final weeks at ./Pate_Richard_SOS_Decision_redactions.pdf-school he developed “a strong sense of care towards Pupil A” and recognised that he ./Pate_Richard_SOS_Decision_redactions.pdf-had become “very fond of her”. He added that his “feelings were very strong” and that ./Pate_Richard_SOS_Decision_redactions.pdf-there was “a sense of joy in feeling a connection with someone.” Mr Pate told the panel ./Pate_Richard_SOS_Decision_redactions.pdf-how the only clear thing in his confused personal state in early June 2018 was the ./Pate_Richard_SOS_Decision_redactions.pdf-“genuine joy” that he was experiencing and that “it was an immersion in joy as if joy was ./Pate_Richard_SOS_Decision_redactions.pdf-something you could swim in.” ./Pate_Richard_SOS_Decision_redactions.pdf- ./Pate_Richard_SOS_Decision_redactions.pdf-However, Mr Pate felt that the point at which the feelings developed romantically was not ./Pate_Richard_SOS_Decision_redactions.pdf-until January/February 2019. ./Pate_Richard_SOS_Decision_redactions.pdf- ./Pate_Richard_SOS_Decision_redactions.pdf:The panel was mindful that sexual motivation often cannot be proven by direct evidence ./Pate_Richard_SOS_Decision_redactions.pdf-but could be proven only by inference and deduction. ./Pate_Richard_SOS_Decision_redactions.pdf- ./Pate_Richard_SOS_Decision_redactions.pdf-Having considered the relevant case law within the circumstances, the panel formed a ./Pate_Richard_SOS_Decision_redactions.pdf-view that when viewed in isolation, there may have been a “plausible innocent ./Pate_Richard_SOS_Decision_redactions.pdf-explanation” for some of the allegations 1(a) to (i). However, the panel felt that when ./Pate_Richard_SOS_Decision_redactions.pdf-taken in totality, on the balance of probabilities, the conduct within allegations 1(a) to (i) ./Pate_Richard_SOS_Decision_redactions.pdf-could reasonably be inferred to have been in the pursuit of a romantic relationship, which ./Pate_Richard_SOS_Decision_redactions.pdf:may well have developed into a sexual relationship. ./Pate_Richard_SOS_Decision_redactions.pdf- ./Pate_Richard_SOS_Decision_redactions.pdf-Accordingly, the panel found allegation 2 proven. ./Pate_Richard_SOS_Decision_redactions.pdf- ./Pate_Richard_SOS_Decision_redactions.pdf- 3. Between around September 2018 and June 2019 you: ./Pate_Richard_SOS_Decision_redactions.pdf- ./Pate_Richard_SOS_Decision_redactions.pdf- a) sent one or more letters to Pupil A; ./Pate_Richard_SOS_Decision_redactions.pdf- ./Pate_Richard_SOS_Decision_redactions.pdf- b) sent text messages to Pupil A; ./Pate_Richard_SOS_Decision_redactions.pdf- ./Pate_Richard_SOS_Decision_redactions.pdf- c) sent emails to Pupil A from your work and / or your personal email address; -- ./Pate_Richard_SOS_Decision_redactions.pdf- f) went to the cinema with Pupil A; ./Pate_Richard_SOS_Decision_redactions.pdf- ./Pate_Richard_SOS_Decision_redactions.pdf- g) went for one or more walks with Pupil A; ./Pate_Richard_SOS_Decision_redactions.pdf- ./Pate_Richard_SOS_Decision_redactions.pdf- h) engaged in a ‘Panic Room’ activity with Pupil A; ./Pate_Richard_SOS_Decision_redactions.pdf- ./Pate_Richard_SOS_Decision_redactions.pdf- i) kissed Pupil A; and ./Pate_Richard_SOS_Decision_redactions.pdf- ./Pate_Richard_SOS_Decision_redactions.pdf: j) engaged in sexual touching with Pupil A. ./Pate_Richard_SOS_Decision_redactions.pdf- ./Pate_Richard_SOS_Decision_redactions.pdf-The panel noted that within the response to the notice of proceedings, Mr Pate admitted ./Pate_Richard_SOS_Decision_redactions.pdf-the facts of allegations 3(a) to(j). Nonetheless, the panel made a determination based on ./Pate_Richard_SOS_Decision_redactions.pdf-the facts and the evidence available to it. ./Pate_Richard_SOS_Decision_redactions.pdf- ./Pate_Richard_SOS_Decision_redactions.pdf-The panel noted Mr Pate’s letter to the TRA dated 28 December 2020, and the oral ./Pate_Richard_SOS_Decision_redactions.pdf-evidence provided at the hearing. Mr Pate submitted that he sent one letter to Pupil A in ./Pate_Richard_SOS_Decision_redactions.pdf-response to her initial email and also sent emails to Pupil A from both his work and his ./Pate_Richard_SOS_Decision_redactions.pdf-personal email accounts, which he admitted was contrary to school policy. ./Pate_Richard_SOS_Decision_redactions.pdf- ./Pate_Richard_SOS_Decision_redactions.pdf-Mr Pate explained that the text messages he sent to Pupil A were in response to her ./Pate_Richard_SOS_Decision_redactions.pdf-supplying, completely unsolicited, her mobile phone number, and at no point were any of ./Pate_Richard_SOS_Decision_redactions.pdf:the text messages sexual in nature. This was endorsed by Pupil A in her statement. ./Pate_Richard_SOS_Decision_redactions.pdf- ./Pate_Richard_SOS_Decision_redactions.pdf-Mr Pate, to the best of his recollection, recalled that some of the emails exchanged were ./Pate_Richard_SOS_Decision_redactions.pdf-from his work email address following the leavers’ ball in June. Upon receiving an email ./Pate_Richard_SOS_Decision_redactions.pdf-from Pupil A, stating that she felt their conversation on celebration evening had been too ./Pate_Richard_SOS_Decision_redactions.pdf-short, he agreed with the sentiment and responded using his personal account. ./Pate_Richard_SOS_Decision_redactions.pdf- ./Pate_Richard_SOS_Decision_redactions.pdf-Mr Pate submitted that the card given to Pupil A was a valentine card and that Pupil A ./Pate_Richard_SOS_Decision_redactions.pdf-laughed at the card taking it in the humorous way in which it was intended. The panel ./Pate_Richard_SOS_Decision_redactions.pdf-formed a view that the sentiment of the valentine card, which stated, “I literally can’t keep ./Pate_Richard_SOS_Decision_redactions.pdf-my hands off you” and the fact that the card was signed off with “love you always” was ./Pate_Richard_SOS_Decision_redactions.pdf-indicative of how Mr Pate felt about Pupil A. This was supported by the evidence ./Pate_Richard_SOS_Decision_redactions.pdf:provided by Mr Pate that their relationship had developed into a physical, sexual ./Pate_Richard_SOS_Decision_redactions.pdf-relationship and his concession that he was in love with Pupil A. ./Pate_Richard_SOS_Decision_redactions.pdf- ./Pate_Richard_SOS_Decision_redactions.pdf-Mr Pate admitted that he met with Pupil A. On the first occasion, they had agreed to meet ./Pate_Richard_SOS_Decision_redactions.pdf-in response to the communication which Pupil A had sent to him after the celebration ./Pate_Richard_SOS_Decision_redactions.pdf-evening. Mr Pate claimed that this was 2 people meeting up as friends. Mr Pate admitted ./Pate_Richard_SOS_Decision_redactions.pdf-that he went to the cinema with Pupil A and submitted that up until this point the meetings ./Pate_Richard_SOS_Decision_redactions.pdf-had mainly taken place outdoors or in his car, so a change of venue was welcomed. Mr ./Pate_Richard_SOS_Decision_redactions.pdf-Pate also admitted that he went for one or more walks with Pupil A, in which they would ./Pate_Richard_SOS_Decision_redactions.pdf-discuss food, films, and family; the usual sort of things he believed anyone would discuss ./Pate_Richard_SOS_Decision_redactions.pdf-with a friend. The panel thought it significant that the venues for the meetings were -- ./Pate_Richard_SOS_Decision_redactions.pdf-choice not to develop anything further.” ./Pate_Richard_SOS_Decision_redactions.pdf- ./Pate_Richard_SOS_Decision_redactions.pdf-The panel noted the witness statement and oral evidence of Witness A. Pupil A showed ./Pate_Richard_SOS_Decision_redactions.pdf-Witness A a card that Mr Pate had given her during the period of time they were meeting ./Pate_Richard_SOS_Decision_redactions.pdf-up, which he understood to be around Valentine’s Day 2019. On the front of the card was ./Pate_Richard_SOS_Decision_redactions.pdf-the message “literally can’t keep my hands off you.” ./Pate_Richard_SOS_Decision_redactions.pdf- ./Pate_Richard_SOS_Decision_redactions.pdf-In light of the admissions of Mr Pate in both his written evidence and oral testimony, the ./Pate_Richard_SOS_Decision_redactions.pdf-panel found allegations 3(a) to (j) proven. ./Pate_Richard_SOS_Decision_redactions.pdf- ./Pate_Richard_SOS_Decision_redactions.pdf: 4. Your conduct at any or all of 3(a) to 3(j) above was sexually motivated. ./Pate_Richard_SOS_Decision_redactions.pdf- ./Pate_Richard_SOS_Decision_redactions.pdf:Mr Pate denied that any form of sexual satisfaction was a motivating factor in the ./Pate_Richard_SOS_Decision_redactions.pdf-relationship. Mr Pate submitted that the foundation of the relationship was a deep ./Pate_Richard_SOS_Decision_redactions.pdf-emotional connection. He told the panel how, “as the relationship developed so did the ./Pate_Richard_SOS_Decision_redactions.pdf-feeling of happiness” and said that during the course of February 2019, he had ./Pate_Richard_SOS_Decision_redactions.pdf-“developed feelings of love for her and that love for her remains” with him today. Mr Pate ./Pate_Richard_SOS_Decision_redactions.pdf-further stated how, “there’s not a day goes by when I don’t think of her.” ./Pate_Richard_SOS_Decision_redactions.pdf- ./Pate_Richard_SOS_Decision_redactions.pdf-Mr Pate accepted that it was likely that 4 or 5 times out of the approximately 10 times ./Pate_Richard_SOS_Decision_redactions.pdf-which he and Pupil A had met, they had held hands. He also accepted that on around ./Pate_Richard_SOS_Decision_redactions.pdf-three-quarters of those occasions, they would kiss but that this would vary in the form. Mr ./Pate_Richard_SOS_Decision_redactions.pdf-Pate stated that sometimes this would be a peck on the cheek but that there were -- ./Pate_Richard_SOS_Decision_redactions.pdf:of his motivation in kissing and touching Pupil A had been because he was sexually ./Pate_Richard_SOS_Decision_redactions.pdf-attracted to her. ./Pate_Richard_SOS_Decision_redactions.pdf- ./Pate_Richard_SOS_Decision_redactions.pdf- Accordingly, the panel found that Mr Pate’s actions as found proven at allegations 3(a) ./Pate_Richard_SOS_Decision_redactions.pdf-to (j) were, on the balance of probabilities, more likely than not to have been in the ./Pate_Richard_SOS_Decision_redactions.pdf:pursuit of a sexual relationship. In particular, the panel felt that the conduct found proven ./Pate_Richard_SOS_Decision_redactions.pdf:at allegations 3(i) and (j) was inherently sexual in nature. The panel was not persuaded ./Pate_Richard_SOS_Decision_redactions.pdf-that there was another plausible innocent explanation for the conduct. The panel ./Pate_Richard_SOS_Decision_redactions.pdf-therefore found allegation 4 proven. ./Pate_Richard_SOS_Decision_redactions.pdf- ./Pate_Richard_SOS_Decision_redactions.pdf- 5. On or about 14 December 2018, you were absent from School and the reason ./Pate_Richard_SOS_Decision_redactions.pdf- given by you and / or recorded by the School was sickness, when in fact the ./Pate_Richard_SOS_Decision_redactions.pdf- reason for your absence was to meet Pupil A. ./Pate_Richard_SOS_Decision_redactions.pdf- ./Pate_Richard_SOS_Decision_redactions.pdf- 6. On or about 23 April 2019, you were absent from School and the reason ./Pate_Richard_SOS_Decision_redactions.pdf- given by you and / or recorded by the School was that your child was unwell, ./Pate_Richard_SOS_Decision_redactions.pdf- when in fact the reason for your absence was to meet Pupil A. -- ./Pate_Richard_SOS_Decision_redactions.pdf- ./Pate_Richard_SOS_Decision_redactions.pdf- • Teachers must have an understanding of, and always act within, the statutory ./Pate_Richard_SOS_Decision_redactions.pdf- frameworks which set out their professional duties and responsibilities. ./Pate_Richard_SOS_Decision_redactions.pdf- ./Pate_Richard_SOS_Decision_redactions.pdf-The panel was satisfied that the conduct of Mr Pate amounted to misconduct of a serious ./Pate_Richard_SOS_Decision_redactions.pdf-nature which fell significantly short of the standards expected of the profession. ./Pate_Richard_SOS_Decision_redactions.pdf- ./Pate_Richard_SOS_Decision_redactions.pdf-The panel also considered whether Mr Pate’s conduct displayed behaviours associated ./Pate_Richard_SOS_Decision_redactions.pdf-with any of the offences listed on pages 12 and 13 of the Advice. ./Pate_Richard_SOS_Decision_redactions.pdf- ./Pate_Richard_SOS_Decision_redactions.pdf:The panel found that the offences of sexual activity / sexual communication with a child ./Pate_Richard_SOS_Decision_redactions.pdf-was potentially relevant to this case. The panel was mindful that no police action had ./Pate_Richard_SOS_Decision_redactions.pdf-been taken but the Advice indicates that where behaviours associated with such an ./Pate_Richard_SOS_Decision_redactions.pdf-offence exist, a panel is more likely to conclude that an individual’s conduct would ./Pate_Richard_SOS_Decision_redactions.pdf-amount to unacceptable professional conduct. ./Pate_Richard_SOS_Decision_redactions.pdf- ./Pate_Richard_SOS_Decision_redactions.pdf-The panel noted that several allegations, including allegations 3(e), 3(f) 3(g) and 3(h) ./Pate_Richard_SOS_Decision_redactions.pdf-took place outside the education setting, in that they took place outside of school and ./Pate_Richard_SOS_Decision_redactions.pdf-outside of school hours. However, the panel thought that Mr Pate’s actions touched upon ./Pate_Richard_SOS_Decision_redactions.pdf-his profession as a teacher, particularly given the short space in time between Pupil A ./Pate_Richard_SOS_Decision_redactions.pdf-leaving the School and these incidents occurring. Whilst Mr Pate contended that this was -- ./Pate_Richard_SOS_Decision_redactions.pdf-The panel had regard to the particular public interest considerations set out in the Advice ./Pate_Richard_SOS_Decision_redactions.pdf-and having done so, found a number of them to be relevant in this case, namely: the ./Pate_Richard_SOS_Decision_redactions.pdf-safeguarding and wellbeing of pupils and the protection of other members of the public; ./Pate_Richard_SOS_Decision_redactions.pdf-the maintenance of public confidence in the profession; and declaring and upholding ./Pate_Richard_SOS_Decision_redactions.pdf-proper standards of conduct. ./Pate_Richard_SOS_Decision_redactions.pdf- ./Pate_Richard_SOS_Decision_redactions.pdf-The panel’s findings against Mr Pate involved a finding of conduct towards Pupil A, when ./Pate_Richard_SOS_Decision_redactions.pdf-she was a pupil in his care, which led to Mr Pate forming an inappropriate and romantic ./Pate_Richard_SOS_Decision_redactions.pdf-relationship with Pupil A. In that light, there was a strong public interest consideration in ./Pate_Richard_SOS_Decision_redactions.pdf-respect of the protection of pupils, given the serious findings of an inappropriate ./Pate_Richard_SOS_Decision_redactions.pdf:relationship and that sexual motivation was also found proven. ./Pate_Richard_SOS_Decision_redactions.pdf- ./Pate_Richard_SOS_Decision_redactions.pdf- ./Pate_Richard_SOS_Decision_redactions.pdf- 18 ./Pate_Richard_SOS_Decision_redactions.pdf- -- ./Pate_Richard_SOS_Decision_redactions.pdf- ./Pate_Richard_SOS_Decision_redactions.pdf- • serious departure from the personal and professional conduct elements of the ./Pate_Richard_SOS_Decision_redactions.pdf- Teachers’ Standards; ./Pate_Richard_SOS_Decision_redactions.pdf- ./Pate_Richard_SOS_Decision_redactions.pdf- • misconduct seriously affecting the education and/or well-being of pupils, and ./Pate_Richard_SOS_Decision_redactions.pdf- particularly where there is a continuing risk; ./Pate_Richard_SOS_Decision_redactions.pdf- ./Pate_Richard_SOS_Decision_redactions.pdf- • abuse of position or trust (particularly involving pupils); ./Pate_Richard_SOS_Decision_redactions.pdf- ./Pate_Richard_SOS_Decision_redactions.pdf- • any abuse of any trust, knowledge or influence grained through their professional ./Pate_Richard_SOS_Decision_redactions.pdf: position in order to advance a romantic or sexual relationship with a pupil or former ./Pate_Richard_SOS_Decision_redactions.pdf- pupil; ./Pate_Richard_SOS_Decision_redactions.pdf- ./Pate_Richard_SOS_Decision_redactions.pdf: • sexual misconduct, for example, involving actions that were sexually motivated or ./Pate_Richard_SOS_Decision_redactions.pdf: of a sexual nature and/or that use or exploit the trust, knowledge or influence ./Pate_Richard_SOS_Decision_redactions.pdf- derived from the individual’s professional position; ./Pate_Richard_SOS_Decision_redactions.pdf- ./Pate_Richard_SOS_Decision_redactions.pdf- • violating of the rights of pupils. ./Pate_Richard_SOS_Decision_redactions.pdf- ./Pate_Richard_SOS_Decision_redactions.pdf-Even though some of the behaviour found proved in this case indicated that a prohibition ./Pate_Richard_SOS_Decision_redactions.pdf-order would be appropriate, the panel went on to consider the mitigating factors. ./Pate_Richard_SOS_Decision_redactions.pdf- ./Pate_Richard_SOS_Decision_redactions.pdf- ./Pate_Richard_SOS_Decision_redactions.pdf- 19 ./Pate_Richard_SOS_Decision_redactions.pdf- -- ./Pate_Richard_SOS_Decision_redactions.pdf-unacceptably compromise the public interest considerations present in this case, despite ./Pate_Richard_SOS_Decision_redactions.pdf-the severity of the consequences for Mr Pate of prohibition. ./Pate_Richard_SOS_Decision_redactions.pdf- ./Pate_Richard_SOS_Decision_redactions.pdf-The panel was of the view that prohibition was both proportionate and appropriate. The ./Pate_Richard_SOS_Decision_redactions.pdf-panel decided that the public interest considerations outweighed the interests of Mr Pate. ./Pate_Richard_SOS_Decision_redactions.pdf-The abuse of Mr Pate’s position of trust in his conduct whilst and shortly after Pupil A was ./Pate_Richard_SOS_Decision_redactions.pdf:a pupil in his care, which has been found to be sexually motivated, was a significant ./Pate_Richard_SOS_Decision_redactions.pdf-factor in forming that opinion. Accordingly, the panel made a recommendation to the ./Pate_Richard_SOS_Decision_redactions.pdf-Secretary of State that a prohibition order should be imposed with immediate effect. ./Pate_Richard_SOS_Decision_redactions.pdf- ./Pate_Richard_SOS_Decision_redactions.pdf-The panel went on to consider whether or not it would be appropriate for it to decide to ./Pate_Richard_SOS_Decision_redactions.pdf-recommend a review period of the order. The panel was mindful that the Advice states ./Pate_Richard_SOS_Decision_redactions.pdf-that a prohibition order applies for life, but there may be circumstances, in any given ./Pate_Richard_SOS_Decision_redactions.pdf-case, that may make it appropriate to allow a teacher to apply to have the prohibition ./Pate_Richard_SOS_Decision_redactions.pdf-order reviewed after a specified period of time that may not be less than 2 years. ./Pate_Richard_SOS_Decision_redactions.pdf- ./Pate_Richard_SOS_Decision_redactions.pdf-The Advice indicates that there are behaviours that, if proved, would militate against the ./Pate_Richard_SOS_Decision_redactions.pdf:recommendation of a review period. These behaviours include serious sexual ./Pate_Richard_SOS_Decision_redactions.pdf:misconduct, such as where the act was sexually motivated and resulted in, or had the ./Pate_Richard_SOS_Decision_redactions.pdf-potential to result in, harm to a person or persons, particularly where the individual has ./Pate_Richard_SOS_Decision_redactions.pdf:used his professional position to influence or exploit a person or persons / any sexual ./Pate_Richard_SOS_Decision_redactions.pdf-misconduct involving a child. The panel found that Mr Pate was responsible for forming ./Pate_Richard_SOS_Decision_redactions.pdf:an inappropriate relationship with Pupil A and that his conduct was sexually motivated. ./Pate_Richard_SOS_Decision_redactions.pdf-The panel also thought it significant that the conduct found proven took place over a ./Pate_Richard_SOS_Decision_redactions.pdf-prolonged period of time. ./Pate_Richard_SOS_Decision_redactions.pdf- ./Pate_Richard_SOS_Decision_redactions.pdf-The Advice also indicates that there are behaviours that, if proved, would have greater ./Pate_Richard_SOS_Decision_redactions.pdf-relevance and weigh in favour of a longer review period. The panel found that Mr Pate ./Pate_Richard_SOS_Decision_redactions.pdf-was not responsible for any such behaviours. ./Pate_Richard_SOS_Decision_redactions.pdf- ./Pate_Richard_SOS_Decision_redactions.pdf-The panel decided that the findings indicated a situation in which a review period would ./Pate_Richard_SOS_Decision_redactions.pdf-not be appropriate and, as such, decided that it would be proportionate, in all the ./Pate_Richard_SOS_Decision_redactions.pdf-circumstances, for the prohibition order to be recommended without provisions for a -- ./Pate_Richard_SOS_Decision_redactions.pdf-choice throughout the course of the relationship.” In my judgement, the lack of insight ./Pate_Richard_SOS_Decision_redactions.pdf-means that there is some risk of the repetition of this behaviour, and this puts at risk the ./Pate_Richard_SOS_Decision_redactions.pdf-future wellbeing of pupils’. I have therefore given this element considerable weight in ./Pate_Richard_SOS_Decision_redactions.pdf-reaching my decision. ./Pate_Richard_SOS_Decision_redactions.pdf- ./Pate_Richard_SOS_Decision_redactions.pdf-I have gone on to consider the extent to which a prohibition order would maintain public ./Pate_Richard_SOS_Decision_redactions.pdf-confidence in the profession. The panel observe, “findings against Mr Pate involved a ./Pate_Richard_SOS_Decision_redactions.pdf-finding of conduct towards Pupil A, when she was a pupil in his care, which led to Mr ./Pate_Richard_SOS_Decision_redactions.pdf-Pate forming an inappropriate and romantic relationship with Pupil A. In that light, there ./Pate_Richard_SOS_Decision_redactions.pdf-was a strong public interest consideration in respect of the protection of pupils, given the ./Pate_Richard_SOS_Decision_redactions.pdf:serious findings of an inappropriate relationship and that sexual motivation was also ./Pate_Richard_SOS_Decision_redactions.pdf-found proven.” And “the panel considered that public confidence in the profession could ./Pate_Richard_SOS_Decision_redactions.pdf-be eroded if conduct such as that found against Mr Pate was not treated with the utmost ./Pate_Richard_SOS_Decision_redactions.pdf-seriousness when regulating the conduct of the profession”. I am particularly mindful of ./Pate_Richard_SOS_Decision_redactions.pdf:the finding of sexual motivation in this case and the impact that such a finding has on the ./Pate_Richard_SOS_Decision_redactions.pdf-reputation of the profession. ./Pate_Richard_SOS_Decision_redactions.pdf- ./Pate_Richard_SOS_Decision_redactions.pdf-I have had to consider that the public has a high expectation of professional standards of ./Pate_Richard_SOS_Decision_redactions.pdf-all teachers and that the public might regard a failure to impose a prohibition order as a ./Pate_Richard_SOS_Decision_redactions.pdf-failure to uphold those high standards. In weighing these considerations, I have had to ./Pate_Richard_SOS_Decision_redactions.pdf-consider the matter from the point of view of an “ordinary intelligent and well-informed ./Pate_Richard_SOS_Decision_redactions.pdf-citizen.” ./Pate_Richard_SOS_Decision_redactions.pdf- ./Pate_Richard_SOS_Decision_redactions.pdf-I have considered whether the publication of a finding of unacceptable professional ./Pate_Richard_SOS_Decision_redactions.pdf-conduct, in the absence of a prohibition order, can itself be regarded by such a person as -- ./Pate_Richard_SOS_Decision_redactions.pdf-teacher which showed that he demonstrated high standards in his professional conduct ./Pate_Richard_SOS_Decision_redactions.pdf-and had contributed significantly to the school at which he had been teaching.” ./Pate_Richard_SOS_Decision_redactions.pdf- ./Pate_Richard_SOS_Decision_redactions.pdf-A prohibition order would prevent Mr Pate from teaching. A prohibition order would also ./Pate_Richard_SOS_Decision_redactions.pdf-clearly deprive the public of his contribution to the profession for the period that it is in ./Pate_Richard_SOS_Decision_redactions.pdf-force. ./Pate_Richard_SOS_Decision_redactions.pdf- ./Pate_Richard_SOS_Decision_redactions.pdf-In this case, I have placed considerable weight on the panel’s comments, “The panel ./Pate_Richard_SOS_Decision_redactions.pdf-decided that the public interest considerations outweighed the interests of Mr Pate. The ./Pate_Richard_SOS_Decision_redactions.pdf-abuse of Mr Pate’s position of trust in his conduct whilst and shortly after Pupil A was a ./Pate_Richard_SOS_Decision_redactions.pdf:pupil in his care, which has been found to be sexually motivated, was a significant factor ./Pate_Richard_SOS_Decision_redactions.pdf-in forming that opinion. Accordingly, the panel made a recommendation to the Secretary ./Pate_Richard_SOS_Decision_redactions.pdf-of State that a prohibition order should be imposed with immediate effect.” ./Pate_Richard_SOS_Decision_redactions.pdf- ./Pate_Richard_SOS_Decision_redactions.pdf-I have given less weight in my consideration of sanction therefore, to the contribution that ./Pate_Richard_SOS_Decision_redactions.pdf-Mr Pate has made to the profession. In my view, it is necessary to impose a prohibition ./Pate_Richard_SOS_Decision_redactions.pdf-order in order to maintain public confidence in the profession. A published decision, in ./Pate_Richard_SOS_Decision_redactions.pdf-light of the circumstances in this case, that is not backed up by full insight, does not in my ./Pate_Richard_SOS_Decision_redactions.pdf-view satisfy the public interest requirement concerning public confidence in the ./Pate_Richard_SOS_Decision_redactions.pdf-profession. ./Pate_Richard_SOS_Decision_redactions.pdf- ./Pate_Richard_SOS_Decision_redactions.pdf-For these reasons, I have concluded that a prohibition order is proportionate and in the ./Pate_Richard_SOS_Decision_redactions.pdf-public interest in order to achieve the intended aims of a prohibition order. ./Pate_Richard_SOS_Decision_redactions.pdf- ./Pate_Richard_SOS_Decision_redactions.pdf-I have gone on to consider the matter of a review period. In this case, the panel has ./Pate_Richard_SOS_Decision_redactions.pdf-recommended that no provision should be made for a review period. ./Pate_Richard_SOS_Decision_redactions.pdf- ./Pate_Richard_SOS_Decision_redactions.pdf-I have considered the panel’s comments “The Advice indicates that there are behaviours ./Pate_Richard_SOS_Decision_redactions.pdf-that, if proved, would militate against the recommendation of a review period. These ./Pate_Richard_SOS_Decision_redactions.pdf:behaviours include serious sexual misconduct, such as where the act was sexually ./Pate_Richard_SOS_Decision_redactions.pdf-motivated and resulted in, or had the potential to result in, harm to a person or persons, ./Pate_Richard_SOS_Decision_redactions.pdf-particularly where the individual has used his professional position to influence or exploit ./Pate_Richard_SOS_Decision_redactions.pdf:a person or persons / any sexual misconduct involving a child. The panel found that Mr ./Pate_Richard_SOS_Decision_redactions.pdf-Pate was responsible for forming an inappropriate relationship with Pupil A and that his ./Pate_Richard_SOS_Decision_redactions.pdf:conduct was sexually motivated. The panel also thought it significant that the conduct ./Pate_Richard_SOS_Decision_redactions.pdf-found proven took place over a prolonged period of time.” ./Pate_Richard_SOS_Decision_redactions.pdf- ./Pate_Richard_SOS_Decision_redactions.pdf-I have considered whether not allowing a review period reflects the seriousness of the ./Pate_Richard_SOS_Decision_redactions.pdf-findings and is a proportionate period to achieve the aim of maintaining public confidence ./Pate_Richard_SOS_Decision_redactions.pdf-in the profession. In this case, factors mean that allowing a review period is not sufficient ./Pate_Richard_SOS_Decision_redactions.pdf-to achieve the aim of maintaining public confidence in the profession. These elements ./Pate_Richard_SOS_Decision_redactions.pdf- ./Pate_Richard_SOS_Decision_redactions.pdf- ./Pate_Richard_SOS_Decision_redactions.pdf- ./Pate_Richard_SOS_Decision_redactions.pdf- 24 -- ./Pate_Richard_SOS_Decision_redactions.pdf:are the seriousness of the findings involving Pupil A, which were found to be sexually ./Pate_Richard_SOS_Decision_redactions.pdf-motivated and the lack of full insight. ./Pate_Richard_SOS_Decision_redactions.pdf- ./Pate_Richard_SOS_Decision_redactions.pdf-I consider therefore that allowing for no review period is necessary to maintain public ./Pate_Richard_SOS_Decision_redactions.pdf-confidence and is proportionate and in the public interest. ./Pate_Richard_SOS_Decision_redactions.pdf- ./Pate_Richard_SOS_Decision_redactions.pdf-This means that Mr Richard Pate is prohibited from teaching indefinitely and ./Pate_Richard_SOS_Decision_redactions.pdf-cannot teach in any school, sixth form college, relevant youth accommodation or ./Pate_Richard_SOS_Decision_redactions.pdf-children’s home in England. Furthermore, in view of the seriousness of the allegations ./Pate_Richard_SOS_Decision_redactions.pdf-found proved against him, I have decided that Mr Pate shall not be entitled to apply for ./Pate_Richard_SOS_Decision_redactions.pdf-restoration of his eligibility to teach. ./Paton_Oliver_-_SoS_Decision_Redacted_for_WEB.pdf-and/or conduct that may bring the profession into disrepute in that whilst employed as a ./Paton_Oliver_-_SoS_Decision_Redacted_for_WEB.pdf-Teacher at John Masefield High School and Sixth Form ('the School') from 1 September ./Paton_Oliver_-_SoS_Decision_Redacted_for_WEB.pdf-2015 to 2 October 2018: ./Paton_Oliver_-_SoS_Decision_Redacted_for_WEB.pdf- ./Paton_Oliver_-_SoS_Decision_Redacted_for_WEB.pdf-1. In the academic year 2016/2017 and/or 2017/18, he failed to maintain appropriate ./Paton_Oliver_-_SoS_Decision_Redacted_for_WEB.pdf-professional boundaries with one or more individuals shortly after they had left the ./Paton_Oliver_-_SoS_Decision_Redacted_for_WEB.pdf-School, including by: ./Paton_Oliver_-_SoS_Decision_Redacted_for_WEB.pdf- ./Paton_Oliver_-_SoS_Decision_Redacted_for_WEB.pdf- a. 'Following' and/or 'friending' them on one or more social media platforms; ./Paton_Oliver_-_SoS_Decision_Redacted_for_WEB.pdf- ./Paton_Oliver_-_SoS_Decision_Redacted_for_WEB.pdf: b. Sending them photographs/ images of a sexual nature; ./Paton_Oliver_-_SoS_Decision_Redacted_for_WEB.pdf- ./Paton_Oliver_-_SoS_Decision_Redacted_for_WEB.pdf: c. Sending them messages of a sexual nature. ./Paton_Oliver_-_SoS_Decision_Redacted_for_WEB.pdf- ./Paton_Oliver_-_SoS_Decision_Redacted_for_WEB.pdf-2. He acted as may be found proven at 1 despite professional guidance and/or a warning ./Paton_Oliver_-_SoS_Decision_Redacted_for_WEB.pdf-which was provided to him by the School on or around 10 May 2016. ./Paton_Oliver_-_SoS_Decision_Redacted_for_WEB.pdf- ./Paton_Oliver_-_SoS_Decision_Redacted_for_WEB.pdf:3. His conduct as may be found proven at 1 above was sexually motivated. ./Paton_Oliver_-_SoS_Decision_Redacted_for_WEB.pdf- ./Paton_Oliver_-_SoS_Decision_Redacted_for_WEB.pdf-Mr Paton admitted the facts alleged in allegations 1a, 1b, 1c, 2 and 3 in his Statement of ./Paton_Oliver_-_SoS_Decision_Redacted_for_WEB.pdf-Agreed Facts dated 8 January 2020. ./Paton_Oliver_-_SoS_Decision_Redacted_for_WEB.pdf- ./Paton_Oliver_-_SoS_Decision_Redacted_for_WEB.pdf-Mr Paton also admitted unacceptable professional conduct and conduct that may bring ./Paton_Oliver_-_SoS_Decision_Redacted_for_WEB.pdf-the profession into disrepute. ./Paton_Oliver_-_SoS_Decision_Redacted_for_WEB.pdf- ./Paton_Oliver_-_SoS_Decision_Redacted_for_WEB.pdf- ./Paton_Oliver_-_SoS_Decision_Redacted_for_WEB.pdf-Preliminary Applications ./Paton_Oliver_-_SoS_Decision_Redacted_for_WEB.pdf-There were no preliminary applications. -- ./Paton_Oliver_-_SoS_Decision_Redacted_for_WEB.pdf-conduct that may bring the profession into disrepute, in that whilst employed as a ./Paton_Oliver_-_SoS_Decision_Redacted_for_WEB.pdf-Teacher at John Masefield High School and Sixth Form ('the School') from 1 ./Paton_Oliver_-_SoS_Decision_Redacted_for_WEB.pdf-September 2015 to 2 October 2018: ./Paton_Oliver_-_SoS_Decision_Redacted_for_WEB.pdf- ./Paton_Oliver_-_SoS_Decision_Redacted_for_WEB.pdf-1. In the academic year 2016/2017 and/or 2017/18, you failed to maintain ./Paton_Oliver_-_SoS_Decision_Redacted_for_WEB.pdf-appropriate professional boundaries with one or more individuals shortly after ./Paton_Oliver_-_SoS_Decision_Redacted_for_WEB.pdf-they had left the School, including by: ./Paton_Oliver_-_SoS_Decision_Redacted_for_WEB.pdf- ./Paton_Oliver_-_SoS_Decision_Redacted_for_WEB.pdf- a. 'Following' and/or 'friending' them on one or more social media platforms; ./Paton_Oliver_-_SoS_Decision_Redacted_for_WEB.pdf- ./Paton_Oliver_-_SoS_Decision_Redacted_for_WEB.pdf: b. Sending them photographs/ images of a sexual nature; ./Paton_Oliver_-_SoS_Decision_Redacted_for_WEB.pdf- ./Paton_Oliver_-_SoS_Decision_Redacted_for_WEB.pdf: c. Sending them messages of a sexual nature. ./Paton_Oliver_-_SoS_Decision_Redacted_for_WEB.pdf- ./Paton_Oliver_-_SoS_Decision_Redacted_for_WEB.pdf-In relation to 1a, Mr Paton admitted in a Statement of Agreed Facts that, in the academic ./Paton_Oliver_-_SoS_Decision_Redacted_for_WEB.pdf-year 2016/2017 and/or 2017/2018, he 'followed' and/or 'friended' one or more individuals ./Paton_Oliver_-_SoS_Decision_Redacted_for_WEB.pdf-shortly after they left the School via one or more social media platforms, including ./Paton_Oliver_-_SoS_Decision_Redacted_for_WEB.pdf-Facebook and Instagram. ./Paton_Oliver_-_SoS_Decision_Redacted_for_WEB.pdf- ./Paton_Oliver_-_SoS_Decision_Redacted_for_WEB.pdf-In relation to 1b and 1c, Mr Paton admitted in the Statement of Agreed Facts that he sent ./Paton_Oliver_-_SoS_Decision_Redacted_for_WEB.pdf-the following photographs/ images and/or messages to one or more individuals shortly ./Paton_Oliver_-_SoS_Decision_Redacted_for_WEB.pdf-after they left the School: ./Paton_Oliver_-_SoS_Decision_Redacted_for_WEB.pdf- -- ./Paton_Oliver_-_SoS_Decision_Redacted_for_WEB.pdf:(v) a dark background captioned with, 'Fair one…think I need to put porn on [emoji] ./Paton_Oliver_-_SoS_Decision_Redacted_for_WEB.pdf-[emoji] x. ./Paton_Oliver_-_SoS_Decision_Redacted_for_WEB.pdf- ./Paton_Oliver_-_SoS_Decision_Redacted_for_WEB.pdf-The panel was also presented with screenshots of the photographs/images and ./Paton_Oliver_-_SoS_Decision_Redacted_for_WEB.pdf:messages concerned. Mr Paton admitted that they were of a sexual nature. In acting in ./Paton_Oliver_-_SoS_Decision_Redacted_for_WEB.pdf-this way, Mr Paton admitted that he failed to maintain appropriate professional ./Paton_Oliver_-_SoS_Decision_Redacted_for_WEB.pdf-boundaries with one or more individuals after they had left the School. ./Paton_Oliver_-_SoS_Decision_Redacted_for_WEB.pdf- ./Paton_Oliver_-_SoS_Decision_Redacted_for_WEB.pdf-The panel found allegations 1a, 1b and 1c proved. ./Paton_Oliver_-_SoS_Decision_Redacted_for_WEB.pdf- ./Paton_Oliver_-_SoS_Decision_Redacted_for_WEB.pdf-2. You acted as may be found proven at 1 despite professional guidance and/or a ./Paton_Oliver_-_SoS_Decision_Redacted_for_WEB.pdf-warning which was provided to you by the School on or around 10 May 2016. ./Paton_Oliver_-_SoS_Decision_Redacted_for_WEB.pdf- ./Paton_Oliver_-_SoS_Decision_Redacted_for_WEB.pdf-The panel noted that the professional guidance and/or warning letter from the ./Paton_Oliver_-_SoS_Decision_Redacted_for_WEB.pdf-headteacher to Mr Paton dated 10 May 2016 contained the following provision: -- ./Paton_Oliver_-_SoS_Decision_Redacted_for_WEB.pdf-The panel found allegation 2 proved. ./Paton_Oliver_-_SoS_Decision_Redacted_for_WEB.pdf- ./Paton_Oliver_-_SoS_Decision_Redacted_for_WEB.pdf:3. Your conduct as may be found proven at 1 above was sexually motivated. ./Paton_Oliver_-_SoS_Decision_Redacted_for_WEB.pdf- ./Paton_Oliver_-_SoS_Decision_Redacted_for_WEB.pdf:The panel noted that sexual motivation has a specific legal definition, namely, that the ./Paton_Oliver_-_SoS_Decision_Redacted_for_WEB.pdf:conduct was done either in pursuit of sexual gratification or in pursuit of a future sexual ./Paton_Oliver_-_SoS_Decision_Redacted_for_WEB.pdf-relationship. This definition was included in the Statement of Agreed Facts signed by Mr ./Paton_Oliver_-_SoS_Decision_Redacted_for_WEB.pdf-Paton to confirm his understanding. ./Paton_Oliver_-_SoS_Decision_Redacted_for_WEB.pdf- ./Paton_Oliver_-_SoS_Decision_Redacted_for_WEB.pdf:Mr Paton admitted that his conduct, as described in allegations 1a, 1b and 1c, was sexually ./Paton_Oliver_-_SoS_Decision_Redacted_for_WEB.pdf:motivated on the basis that it was in pursuit of sexual gratification. ./Paton_Oliver_-_SoS_Decision_Redacted_for_WEB.pdf- ./Paton_Oliver_-_SoS_Decision_Redacted_for_WEB.pdf-The Panel found allegation 3 proved. ./Paton_Oliver_-_SoS_Decision_Redacted_for_WEB.pdf- ./Paton_Oliver_-_SoS_Decision_Redacted_for_WEB.pdf-Findings as to unacceptable professional conduct and/or conduct that ./Paton_Oliver_-_SoS_Decision_Redacted_for_WEB.pdf-may bring the profession into disrepute ./Paton_Oliver_-_SoS_Decision_Redacted_for_WEB.pdf- ./Paton_Oliver_-_SoS_Decision_Redacted_for_WEB.pdf-Having found all of the allegations proved, the panel went on to consider whether the ./Paton_Oliver_-_SoS_Decision_Redacted_for_WEB.pdf-facts of those proven allegations amounted to unacceptable professional conduct and/or ./Paton_Oliver_-_SoS_Decision_Redacted_for_WEB.pdf-conduct that may bring the profession into disrepute. ./Paton_Oliver_-_SoS_Decision_Redacted_for_WEB.pdf- -- ./Paton_Oliver_-_SoS_Decision_Redacted_for_WEB.pdf-Paton. The panel took further account of the Advice, which suggests that a prohibition ./Paton_Oliver_-_SoS_Decision_Redacted_for_WEB.pdf-order may be appropriate if certain behaviours of a teacher have been proved. In the list ./Paton_Oliver_-_SoS_Decision_Redacted_for_WEB.pdf-of such behaviours, those that are relevant in this case are: ./Paton_Oliver_-_SoS_Decision_Redacted_for_WEB.pdf- ./Paton_Oliver_-_SoS_Decision_Redacted_for_WEB.pdf-  serious departure from the personal and professional conduct elements of the ./Paton_Oliver_-_SoS_Decision_Redacted_for_WEB.pdf- Teachers’ Standards; ./Paton_Oliver_-_SoS_Decision_Redacted_for_WEB.pdf- ./Paton_Oliver_-_SoS_Decision_Redacted_for_WEB.pdf-  misconduct seriously affecting the…well-being of pupils, and particularly where ./Paton_Oliver_-_SoS_Decision_Redacted_for_WEB.pdf- there is a continuing risk; ./Paton_Oliver_-_SoS_Decision_Redacted_for_WEB.pdf- ./Paton_Oliver_-_SoS_Decision_Redacted_for_WEB.pdf:  sexual misconduct, for example, involving actions that were sexually motivated or ./Paton_Oliver_-_SoS_Decision_Redacted_for_WEB.pdf: of a sexual nature and/or that use or exploit the trust, knowledge or influence ./Paton_Oliver_-_SoS_Decision_Redacted_for_WEB.pdf- derived from the individual’s professional position; ./Paton_Oliver_-_SoS_Decision_Redacted_for_WEB.pdf- ./Paton_Oliver_-_SoS_Decision_Redacted_for_WEB.pdf-Even though some of the behaviour found proved in this case indicated that a prohibition ./Paton_Oliver_-_SoS_Decision_Redacted_for_WEB.pdf-order would be appropriate, the panel went on to consider the mitigating factors. ./Paton_Oliver_-_SoS_Decision_Redacted_for_WEB.pdf-Mitigating factors may indicate that a prohibition order would not be appropriate or ./Paton_Oliver_-_SoS_Decision_Redacted_for_WEB.pdf-proportionate. ./Paton_Oliver_-_SoS_Decision_Redacted_for_WEB.pdf- ./Paton_Oliver_-_SoS_Decision_Redacted_for_WEB.pdf-Mr Paton's actions were deliberate. Mr Paton has not been the subject of any previous ./Paton_Oliver_-_SoS_Decision_Redacted_for_WEB.pdf-proceedings before the TRA, although his actions in allegation 1 were in contravention of ./Paton_Oliver_-_SoS_Decision_Redacted_for_WEB.pdf-professional guidance and a warning from the School. -- ./Paton_Oliver_-_SoS_Decision_Redacted_for_WEB.pdf-made by the panel would be sufficient. ./Paton_Oliver_-_SoS_Decision_Redacted_for_WEB.pdf- ./Paton_Oliver_-_SoS_Decision_Redacted_for_WEB.pdf-The panel was of the view that, applying the standard of the ordinary intelligent citizen, it ./Paton_Oliver_-_SoS_Decision_Redacted_for_WEB.pdf-would not be a proportionate and appropriate response to recommend no prohibition ./Paton_Oliver_-_SoS_Decision_Redacted_for_WEB.pdf-order. Recommending that the publication of adverse findings was sufficient would ./Paton_Oliver_-_SoS_Decision_Redacted_for_WEB.pdf-unacceptably compromise the public interest considerations present in this case, despite ./Paton_Oliver_-_SoS_Decision_Redacted_for_WEB.pdf-the severity of the consequences for Mr Paton of prohibition. ./Paton_Oliver_-_SoS_Decision_Redacted_for_WEB.pdf- ./Paton_Oliver_-_SoS_Decision_Redacted_for_WEB.pdf-The panel was of the view that prohibition was both proportionate and appropriate. The ./Paton_Oliver_-_SoS_Decision_Redacted_for_WEB.pdf-panel decided that the public interest considerations outweighed the interests of Mr ./Paton_Oliver_-_SoS_Decision_Redacted_for_WEB.pdf:Paton, given the serious nature of the conduct that was sexually motivated and which ./Paton_Oliver_-_SoS_Decision_Redacted_for_WEB.pdf-took place despite a previous warning from the School. The Panel considered that the ./Paton_Oliver_-_SoS_Decision_Redacted_for_WEB.pdf-graphic nature of the images and the associated comments by Mr Paton were grossly ./Paton_Oliver_-_SoS_Decision_Redacted_for_WEB.pdf-offensive and could have caused significant distress to the young recipients. ./Paton_Oliver_-_SoS_Decision_Redacted_for_WEB.pdf- ./Paton_Oliver_-_SoS_Decision_Redacted_for_WEB.pdf-Accordingly, the panel made a recommendation to the Secretary of State that a ./Paton_Oliver_-_SoS_Decision_Redacted_for_WEB.pdf-prohibition order should be imposed with immediate effect. ./Paton_Oliver_-_SoS_Decision_Redacted_for_WEB.pdf- ./Paton_Oliver_-_SoS_Decision_Redacted_for_WEB.pdf-The panel went on to consider whether or not it would be appropriate to recommend that ./Paton_Oliver_-_SoS_Decision_Redacted_for_WEB.pdf-a review period of the order should be considered. The panel was mindful that the Advice ./Paton_Oliver_-_SoS_Decision_Redacted_for_WEB.pdf-states that a prohibition order applies for life, but there may be circumstances, in any ./Paton_Oliver_-_SoS_Decision_Redacted_for_WEB.pdf-given case, that may make it appropriate to allow a teacher to apply to have the ./Paton_Oliver_-_SoS_Decision_Redacted_for_WEB.pdf-prohibition order reviewed after a specified period of time that may not be less than two ./Paton_Oliver_-_SoS_Decision_Redacted_for_WEB.pdf-years. ./Paton_Oliver_-_SoS_Decision_Redacted_for_WEB.pdf- ./Paton_Oliver_-_SoS_Decision_Redacted_for_WEB.pdf-The Advice indicates that there are behaviours that, if proved, would militate against the ./Paton_Oliver_-_SoS_Decision_Redacted_for_WEB.pdf:recommendation of a review period. These behaviours include serious sexual ./Paton_Oliver_-_SoS_Decision_Redacted_for_WEB.pdf:misconduct, such as where the act was sexually motivated and resulted in or had the ./Paton_Oliver_-_SoS_Decision_Redacted_for_WEB.pdf-potential to result in, harm to a person or persons. ./Paton_Oliver_-_SoS_Decision_Redacted_for_WEB.pdf- ./Paton_Oliver_-_SoS_Decision_Redacted_for_WEB.pdf-The Panel noted that Mr Paton has demonstrated some insight and remorse. However, ./Paton_Oliver_-_SoS_Decision_Redacted_for_WEB.pdf:the Panel was very concerned about the seriousness of the sexually motivated ./Paton_Oliver_-_SoS_Decision_Redacted_for_WEB.pdf-misconduct, which took place despite a previous warning from the School. ./Paton_Oliver_-_SoS_Decision_Redacted_for_WEB.pdf- ./Paton_Oliver_-_SoS_Decision_Redacted_for_WEB.pdf- 11 ./Paton_Oliver_-_SoS_Decision_Redacted_for_WEB.pdf- -- ./Paton_Oliver_-_SoS_Decision_Redacted_for_WEB.pdf- statutory provisions; ./Paton_Oliver_-_SoS_Decision_Redacted_for_WEB.pdf- o showing…respect for the rights of others; ./Paton_Oliver_-_SoS_Decision_Redacted_for_WEB.pdf- • Teachers must have proper and professional regard for the ethos, policies and ./Paton_Oliver_-_SoS_Decision_Redacted_for_WEB.pdf- practices of the school in which they teach…; ./Paton_Oliver_-_SoS_Decision_Redacted_for_WEB.pdf-Teachers must have an understanding of, and always act within, the statutory ./Paton_Oliver_-_SoS_Decision_Redacted_for_WEB.pdf-frameworks which set out their professional duties and responsibilities. ./Paton_Oliver_-_SoS_Decision_Redacted_for_WEB.pdf- ./Paton_Oliver_-_SoS_Decision_Redacted_for_WEB.pdf-The panel finds that the conduct of Mr Paton fell significantly short of the standards ./Paton_Oliver_-_SoS_Decision_Redacted_for_WEB.pdf-expected of the profession. ./Paton_Oliver_-_SoS_Decision_Redacted_for_WEB.pdf- ./Paton_Oliver_-_SoS_Decision_Redacted_for_WEB.pdf:The findings of misconduct are particularly serious as they include a finding of sexual ./Paton_Oliver_-_SoS_Decision_Redacted_for_WEB.pdf-misconduct and that this continued following a warning by the school. ./Paton_Oliver_-_SoS_Decision_Redacted_for_WEB.pdf- ./Paton_Oliver_-_SoS_Decision_Redacted_for_WEB.pdf-I have to determine whether the imposition of a prohibition order is proportionate and in ./Paton_Oliver_-_SoS_Decision_Redacted_for_WEB.pdf-the public interest. In considering that for this case, I have considered the overall aim of a ./Paton_Oliver_-_SoS_Decision_Redacted_for_WEB.pdf-prohibition order which is to protect pupils and to maintain public confidence in the ./Paton_Oliver_-_SoS_Decision_Redacted_for_WEB.pdf- ./Paton_Oliver_-_SoS_Decision_Redacted_for_WEB.pdf- 12 ./Paton_Oliver_-_SoS_Decision_Redacted_for_WEB.pdf- -- ./Paton_Oliver_-_SoS_Decision_Redacted_for_WEB.pdf-have also taken into account the panel’s comments on insight and remorse, which the ./Paton_Oliver_-_SoS_Decision_Redacted_for_WEB.pdf-panel sets out as follows, “The Panel noted that Mr Paton has demonstrated some ./Paton_Oliver_-_SoS_Decision_Redacted_for_WEB.pdf-insight and remorse.” In my judgement, the lack of insight means that there is some risk ./Paton_Oliver_-_SoS_Decision_Redacted_for_WEB.pdf-of the repetition of this behaviour and this puts at risk future pupils’ safeguarding. I have ./Paton_Oliver_-_SoS_Decision_Redacted_for_WEB.pdf-therefore given this element considerable weight in reaching my decision. ./Paton_Oliver_-_SoS_Decision_Redacted_for_WEB.pdf- ./Paton_Oliver_-_SoS_Decision_Redacted_for_WEB.pdf-I have gone on to consider the extent to which a prohibition order would maintain public ./Paton_Oliver_-_SoS_Decision_Redacted_for_WEB.pdf-confidence in the profession. The panel observe, “that public confidence in the ./Paton_Oliver_-_SoS_Decision_Redacted_for_WEB.pdf-profession could be seriously weakened if conduct such as that found against Mr Paton ./Paton_Oliver_-_SoS_Decision_Redacted_for_WEB.pdf-were not treated with the utmost seriousness when regulating the conduct of the ./Paton_Oliver_-_SoS_Decision_Redacted_for_WEB.pdf:profession.” I am particularly mindful of the finding of sexual misconduct in this case and ./Paton_Oliver_-_SoS_Decision_Redacted_for_WEB.pdf-the impact that such a finding has on the reputation of the profession. ./Paton_Oliver_-_SoS_Decision_Redacted_for_WEB.pdf- ./Paton_Oliver_-_SoS_Decision_Redacted_for_WEB.pdf-I have had to consider that the public has a high expectation of professional standards of ./Paton_Oliver_-_SoS_Decision_Redacted_for_WEB.pdf-all teachers and that the public might regard a failure to impose a prohibition order as a ./Paton_Oliver_-_SoS_Decision_Redacted_for_WEB.pdf-failure to uphold those high standards. In weighing these considerations, I have had to ./Paton_Oliver_-_SoS_Decision_Redacted_for_WEB.pdf-consider the matter from the point of view of an “ordinary intelligent and well-informed ./Paton_Oliver_-_SoS_Decision_Redacted_for_WEB.pdf-citizen.” ./Paton_Oliver_-_SoS_Decision_Redacted_for_WEB.pdf- ./Paton_Oliver_-_SoS_Decision_Redacted_for_WEB.pdf-I have considered whether the publication of a finding of unacceptable professional ./Paton_Oliver_-_SoS_Decision_Redacted_for_WEB.pdf-conduct, in the absence of a prohibition order, can itself be regarded by such a person as -- ./Paton_Oliver_-_SoS_Decision_Redacted_for_WEB.pdf-guidance and a warning from the School.” The panel were also presented with, “a ./Paton_Oliver_-_SoS_Decision_Redacted_for_WEB.pdf-number of positive and supportive character references from close friends and family ./Paton_Oliver_-_SoS_Decision_Redacted_for_WEB.pdf-members.” ./Paton_Oliver_-_SoS_Decision_Redacted_for_WEB.pdf- ./Paton_Oliver_-_SoS_Decision_Redacted_for_WEB.pdf-A prohibition order would prevent Mr Paton from teaching. A prohibition order would also ./Paton_Oliver_-_SoS_Decision_Redacted_for_WEB.pdf-clearly deprive the public of his contribution to the profession for the period that it is in ./Paton_Oliver_-_SoS_Decision_Redacted_for_WEB.pdf-force. ./Paton_Oliver_-_SoS_Decision_Redacted_for_WEB.pdf- ./Paton_Oliver_-_SoS_Decision_Redacted_for_WEB.pdf-In this case, I have placed considerable weight on the panel’s comments concerning the ./Paton_Oliver_-_SoS_Decision_Redacted_for_WEB.pdf-serious nature of the misconduct, “The public interest considerations outweighed the ./Paton_Oliver_-_SoS_Decision_Redacted_for_WEB.pdf:interests of Mr Paton, given the serious nature of the conduct that was sexually motivated ./Paton_Oliver_-_SoS_Decision_Redacted_for_WEB.pdf-and which took place despite a previous warning from the School. The Panel considered ./Paton_Oliver_-_SoS_Decision_Redacted_for_WEB.pdf-that the graphic nature of the images and the associated comments by Mr Paton were ./Paton_Oliver_-_SoS_Decision_Redacted_for_WEB.pdf-grossly offensive and could have caused significant distress to the young recipients.” ./Paton_Oliver_-_SoS_Decision_Redacted_for_WEB.pdf- ./Paton_Oliver_-_SoS_Decision_Redacted_for_WEB.pdf-I have given less weight in my consideration of sanction therefore, to the contribution that ./Paton_Oliver_-_SoS_Decision_Redacted_for_WEB.pdf-Mr Paton has made to the profession. In my view, it is necessary to impose a prohibition ./Paton_Oliver_-_SoS_Decision_Redacted_for_WEB.pdf-order in order to maintain public confidence in the profession. ./Paton_Oliver_-_SoS_Decision_Redacted_for_WEB.pdf- ./Paton_Oliver_-_SoS_Decision_Redacted_for_WEB.pdf-For these reasons, I have concluded that a prohibition order is proportionate and in the ./Paton_Oliver_-_SoS_Decision_Redacted_for_WEB.pdf-public interest in order to achieve the intended aims of a prohibition order. ./Paton_Oliver_-_SoS_Decision_Redacted_for_WEB.pdf- ./Paton_Oliver_-_SoS_Decision_Redacted_for_WEB.pdf-I have gone on to consider the matter of a review period. In this case, the panel has ./Paton_Oliver_-_SoS_Decision_Redacted_for_WEB.pdf-recommended that no provision should be made for a review period. ./Paton_Oliver_-_SoS_Decision_Redacted_for_WEB.pdf- ./Paton_Oliver_-_SoS_Decision_Redacted_for_WEB.pdf-I have considered the panel’s comments that it, “was very concerned about the ./Paton_Oliver_-_SoS_Decision_Redacted_for_WEB.pdf:seriousness of the sexually motivated misconduct, which took place despite a previous ./Paton_Oliver_-_SoS_Decision_Redacted_for_WEB.pdf-warning from the School.” ./Paton_Oliver_-_SoS_Decision_Redacted_for_WEB.pdf- ./Paton_Oliver_-_SoS_Decision_Redacted_for_WEB.pdf:I agree with the panel and consider that in light of the sexual misconduct found, the fact ./Paton_Oliver_-_SoS_Decision_Redacted_for_WEB.pdf-this misconduct was repeated despite a warning and the lack of full remorse and insight, I ./Paton_Oliver_-_SoS_Decision_Redacted_for_WEB.pdf-consider that allowing for no review period is reasonably necessary to maintain public ./Paton_Oliver_-_SoS_Decision_Redacted_for_WEB.pdf-confidence and is proportionate and in the public interest. ./Paton_Oliver_-_SoS_Decision_Redacted_for_WEB.pdf- ./Paton_Oliver_-_SoS_Decision_Redacted_for_WEB.pdf- ./Paton_Oliver_-_SoS_Decision_Redacted_for_WEB.pdf- ./Paton_Oliver_-_SoS_Decision_Redacted_for_WEB.pdf-This means that Mr Oliver Paton is prohibited from teaching indefinitely and ./Paton_Oliver_-_SoS_Decision_Redacted_for_WEB.pdf-cannot teach in any school, sixth form college, relevant youth accommodation or ./Paton_Oliver_-_SoS_Decision_Redacted_for_WEB.pdf-children’s home in England. Furthermore, in view of the seriousness of the allegations ./Paton_Oliver_-_SoS_Decision_Redacted_for_WEB.pdf-found proved against him, I have decided that Mr Paton shall not be entitled to apply for ./Paul_Harris_Professional_conduct_panel_outcome.pdf-B. Allegations ./Paul_Harris_Professional_conduct_panel_outcome.pdf-The panel considered the allegations set out in the Notice of Proceedings dated 9 ./Paul_Harris_Professional_conduct_panel_outcome.pdf-December 2019. ./Paul_Harris_Professional_conduct_panel_outcome.pdf- ./Paul_Harris_Professional_conduct_panel_outcome.pdf-It was alleged that Mr Harris was guilty of unacceptable professional conduct and/or ./Paul_Harris_Professional_conduct_panel_outcome.pdf-conduct that may bring the profession into disrepute, in that he: ./Paul_Harris_Professional_conduct_panel_outcome.pdf- ./Paul_Harris_Professional_conduct_panel_outcome.pdf- 1. Engaged in an inappropriate relationship with an ex-pupil of the School, between 1 ./Paul_Harris_Professional_conduct_panel_outcome.pdf- October 2017 and 15 February 2018 in that he: ./Paul_Harris_Professional_conduct_panel_outcome.pdf- ./Paul_Harris_Professional_conduct_panel_outcome.pdf: a) Engaged in sexual activity with ex-pupil A on one or more occasions; ./Paul_Harris_Professional_conduct_panel_outcome.pdf- ./Paul_Harris_Professional_conduct_panel_outcome.pdf- b) Attended ex-pupil A's home address in or around October 2017 whilst Pupil A’s ./Paul_Harris_Professional_conduct_panel_outcome.pdf- parents were away; ./Paul_Harris_Professional_conduct_panel_outcome.pdf- ./Paul_Harris_Professional_conduct_panel_outcome.pdf: 2. His conduct set out in allegation 1(a) and/or 1 (b) above was sexually motivated. ./Paul_Harris_Professional_conduct_panel_outcome.pdf- ./Paul_Harris_Professional_conduct_panel_outcome.pdf-All of the factual particulars and unacceptable professional conduct/conduct that may ./Paul_Harris_Professional_conduct_panel_outcome.pdf-bring the profession into disrepute were admitted by Mr Harris by way of the Agreed ./Paul_Harris_Professional_conduct_panel_outcome.pdf-Statement of Facts at pages 25 to 30 of the bundle. ./Paul_Harris_Professional_conduct_panel_outcome.pdf- ./Paul_Harris_Professional_conduct_panel_outcome.pdf- ./Paul_Harris_Professional_conduct_panel_outcome.pdf-C. Preliminary applications ./Paul_Harris_Professional_conduct_panel_outcome.pdf-The panel were invited to proceed with the hearing in Mr Harris's absence. The panel ./Paul_Harris_Professional_conduct_panel_outcome.pdf-were provided with records of correspondence between Mr Harris and the presenting ./Paul_Harris_Professional_conduct_panel_outcome.pdf-officer in which Mr Harris made it clear that he did not wish to attend the hearing and was -- ./Paul_Harris_Professional_conduct_panel_outcome.pdf-Witnesses ./Paul_Harris_Professional_conduct_panel_outcome.pdf- ./Paul_Harris_Professional_conduct_panel_outcome.pdf-The panel heard no oral evidence. ./Paul_Harris_Professional_conduct_panel_outcome.pdf- ./Paul_Harris_Professional_conduct_panel_outcome.pdf- ./Paul_Harris_Professional_conduct_panel_outcome.pdf-E. Decision and reasons ./Paul_Harris_Professional_conduct_panel_outcome.pdf-The panel announced its decision and reasons as follows: ./Paul_Harris_Professional_conduct_panel_outcome.pdf- ./Paul_Harris_Professional_conduct_panel_outcome.pdf-The panel carefully considered the case before it and reached a decision. ./Paul_Harris_Professional_conduct_panel_outcome.pdf- ./Paul_Harris_Professional_conduct_panel_outcome.pdf:This case involves a teacher who embarked on a clandestine sexual relationship with ./Paul_Harris_Professional_conduct_panel_outcome.pdf-one of his former pupils (who was aged 16 at the time) in October of the year she left the ./Paul_Harris_Professional_conduct_panel_outcome.pdf-school. ./Paul_Harris_Professional_conduct_panel_outcome.pdf- ./Paul_Harris_Professional_conduct_panel_outcome.pdf-Findings of fact ./Paul_Harris_Professional_conduct_panel_outcome.pdf- ./Paul_Harris_Professional_conduct_panel_outcome.pdf-The findings of fact are as follows: ./Paul_Harris_Professional_conduct_panel_outcome.pdf- ./Paul_Harris_Professional_conduct_panel_outcome.pdf-The panel found the following particulars of the allegations against you proved, for these ./Paul_Harris_Professional_conduct_panel_outcome.pdf-reasons: ./Paul_Harris_Professional_conduct_panel_outcome.pdf- ./Paul_Harris_Professional_conduct_panel_outcome.pdf- 1. You engaged in an inappropriate relationship with an ex-pupil of the School, ./Paul_Harris_Professional_conduct_panel_outcome.pdf- between 1 October 2017 and 15 February 2018 in that you: ./Paul_Harris_Professional_conduct_panel_outcome.pdf- ./Paul_Harris_Professional_conduct_panel_outcome.pdf: a) Engaged in sexual activity with ex-pupil A on one or more occasions; ./Paul_Harris_Professional_conduct_panel_outcome.pdf- ./Paul_Harris_Professional_conduct_panel_outcome.pdf- b) Attended ex-pupil A's home address in or around October 2017 whilst her ./Paul_Harris_Professional_conduct_panel_outcome.pdf- parents were away; ./Paul_Harris_Professional_conduct_panel_outcome.pdf- ./Paul_Harris_Professional_conduct_panel_outcome.pdf: 2. Your conduct set out in allegation 1(a) and/or 1 (b) above was sexually ./Paul_Harris_Professional_conduct_panel_outcome.pdf- motivated. ./Paul_Harris_Professional_conduct_panel_outcome.pdf- ./Paul_Harris_Professional_conduct_panel_outcome.pdf-All of the above particulars were fully admitted by Mr Harris in the Agreed Statement of ./Paul_Harris_Professional_conduct_panel_outcome.pdf-Facts dated July 2019 and included in the bundle of documents at pages 25-30. ./Paul_Harris_Professional_conduct_panel_outcome.pdf- ./Paul_Harris_Professional_conduct_panel_outcome.pdf- 5 ./Paul_Harris_Professional_conduct_panel_outcome.pdf- -- ./Paul_Harris_Professional_conduct_panel_outcome.pdf-Mr Harris accepted that he was one of pupil A's teachers [redacted]. [redacted]. ./Paul_Harris_Professional_conduct_panel_outcome.pdf- ./Paul_Harris_Professional_conduct_panel_outcome.pdf-He further admitted that on a date prior to October 2017 he provided pupil A with his ./Paul_Harris_Professional_conduct_panel_outcome.pdf:personal contact details. In October 2017 Mr Harris and pupil A started a sexual ./Paul_Harris_Professional_conduct_panel_outcome.pdf:relationship, which apparently continues to this day. Their sexual contact took place at ./Paul_Harris_Professional_conduct_panel_outcome.pdf-pupil A's parents' house (where pupil A lived) and elsewhere. ./Paul_Harris_Professional_conduct_panel_outcome.pdf- ./Paul_Harris_Professional_conduct_panel_outcome.pdf-Findings as to unacceptable professional conduct and/or conduct that ./Paul_Harris_Professional_conduct_panel_outcome.pdf-may bring the profession into disrepute ./Paul_Harris_Professional_conduct_panel_outcome.pdf- ./Paul_Harris_Professional_conduct_panel_outcome.pdf-Having found all the allegations proved, the panel went on to consider whether the facts ./Paul_Harris_Professional_conduct_panel_outcome.pdf-of those proved allegations amounted to unacceptable professional conduct and/or ./Paul_Harris_Professional_conduct_panel_outcome.pdf-conduct that may bring the profession into disrepute. ./Paul_Harris_Professional_conduct_panel_outcome.pdf- ./Paul_Harris_Professional_conduct_panel_outcome.pdf-In the Agreed Statement of Facts Mr Harris admitted that his conduct as alleged -- ./Paul_Harris_Professional_conduct_panel_outcome.pdf- ./Paul_Harris_Professional_conduct_panel_outcome.pdf- o having regard for the need to safeguard pupils’ well-being, in accordance ./Paul_Harris_Professional_conduct_panel_outcome.pdf- with statutory provisions ./Paul_Harris_Professional_conduct_panel_outcome.pdf- ./Paul_Harris_Professional_conduct_panel_outcome.pdf-  Teachers must have proper and professional regard for the ethos, policies and ./Paul_Harris_Professional_conduct_panel_outcome.pdf- practices of the school in which they teach… ./Paul_Harris_Professional_conduct_panel_outcome.pdf- ./Paul_Harris_Professional_conduct_panel_outcome.pdf-The panel was satisfied that the conduct of Mr Harris amounted to misconduct of a ./Paul_Harris_Professional_conduct_panel_outcome.pdf-serious nature which fell significantly short of the standards expected of the profession. ./Paul_Harris_Professional_conduct_panel_outcome.pdf- ./Paul_Harris_Professional_conduct_panel_outcome.pdf:Mr Harris, who in late 2017 was aged 43, started a clandestine sexual relationship with ./Paul_Harris_Professional_conduct_panel_outcome.pdf-pupil A, who was at the time aged 16, within 2-3 months of pupil A ceasing to be a pupil ./Paul_Harris_Professional_conduct_panel_outcome.pdf-of the school. The relationship began soon after he provided pupil A with his personal ./Paul_Harris_Professional_conduct_panel_outcome.pdf-contact details, which led to their making frequent contact with each other on various ./Paul_Harris_Professional_conduct_panel_outcome.pdf-social media platforms. This contact was, in itself, in clear breach of the school's Social ./Paul_Harris_Professional_conduct_panel_outcome.pdf- ./Paul_Harris_Professional_conduct_panel_outcome.pdf- ./Paul_Harris_Professional_conduct_panel_outcome.pdf- 6 ./Paul_Harris_Professional_conduct_panel_outcome.pdf- -- ./Paul_Harris_Professional_conduct_panel_outcome.pdf-Media & Communications Policy for Staff, which states at paragraph 8.3 that "staff must ./Paul_Harris_Professional_conduct_panel_outcome.pdf-not use personal social media with any child with whom they solely have, or have had, a ./Paul_Harris_Professional_conduct_panel_outcome.pdf-staff/student relationship. This includes ex-students until they reach the age of 18." ./Paul_Harris_Professional_conduct_panel_outcome.pdf- ./Paul_Harris_Professional_conduct_panel_outcome.pdf-By admission, the relationship was concealed from colleagues, Mr Harris's wife and pupil ./Paul_Harris_Professional_conduct_panel_outcome.pdf:A's parents and included sexual contact, which occurred secretly at pupil A's parents' ./Paul_Harris_Professional_conduct_panel_outcome.pdf-house. The relationship carried on, without the knowledge of Mr Harris' employers, after ./Paul_Harris_Professional_conduct_panel_outcome.pdf-pupil A's father became aware of the relationship and asked for it to end. ./Paul_Harris_Professional_conduct_panel_outcome.pdf- ./Paul_Harris_Professional_conduct_panel_outcome.pdf-The relationship began and continued despite Mr Harris's recently prior position of ./Paul_Harris_Professional_conduct_panel_outcome.pdf-authority over pupil A as one of her teachers. The imbalance in the dynamic of their ./Paul_Harris_Professional_conduct_panel_outcome.pdf-relationship remained, given Mr Harris's very recent position of trust over pupil A. ./Paul_Harris_Professional_conduct_panel_outcome.pdf- ./Paul_Harris_Professional_conduct_panel_outcome.pdf-The serious misconduct took place outside of the education setting but clearly amounted ./Paul_Harris_Professional_conduct_panel_outcome.pdf-to behaviour that could have led to pupils' being exposed to or influenced by Mr Harris's ./Paul_Harris_Professional_conduct_panel_outcome.pdf-behaviour in a harmful way. -- ./Paul_Harris_Professional_conduct_panel_outcome.pdf-The panel had regard to the particular public interest considerations set out in the Advice ./Paul_Harris_Professional_conduct_panel_outcome.pdf-and, having done so, found a number of them to be relevant in this case, namely: the ./Paul_Harris_Professional_conduct_panel_outcome.pdf-protection of pupils/ the maintenance of public confidence in the profession/ declaring ./Paul_Harris_Professional_conduct_panel_outcome.pdf-and upholding proper standards of conduct. ./Paul_Harris_Professional_conduct_panel_outcome.pdf- ./Paul_Harris_Professional_conduct_panel_outcome.pdf-In the light of the panel’s findings against Mr Harris, which involved his conducting an ./Paul_Harris_Professional_conduct_panel_outcome.pdf:inappropriate sexual relationship with one of his recent pupils who was aged 16, there ./Paul_Harris_Professional_conduct_panel_outcome.pdf-was a strong public interest consideration in respect of the protection of pupils. ./Paul_Harris_Professional_conduct_panel_outcome.pdf- ./Paul_Harris_Professional_conduct_panel_outcome.pdf-Similarly, the panel considered that public confidence in the profession could be seriously ./Paul_Harris_Professional_conduct_panel_outcome.pdf-weakened if conduct such as that found against Mr Harris were not treated with the ./Paul_Harris_Professional_conduct_panel_outcome.pdf-utmost seriousness when regulating the conduct of the profession. ./Paul_Harris_Professional_conduct_panel_outcome.pdf- ./Paul_Harris_Professional_conduct_panel_outcome.pdf-The panel was of the view that a strong public interest consideration in declaring proper ./Paul_Harris_Professional_conduct_panel_outcome.pdf-standards of conduct in the profession was also present as the conduct found against Mr ./Paul_Harris_Professional_conduct_panel_outcome.pdf-Harris was outside that which could reasonably be tolerated. ./Paul_Harris_Professional_conduct_panel_outcome.pdf- -- ./Paul_Harris_Professional_conduct_panel_outcome.pdf-order may be appropriate if certain behaviours of a teacher have been proved. In the list ./Paul_Harris_Professional_conduct_panel_outcome.pdf-of such behaviours, those that were relevant in this case were: ./Paul_Harris_Professional_conduct_panel_outcome.pdf- ./Paul_Harris_Professional_conduct_panel_outcome.pdf-  serious departure from the personal and professional conduct elements of the ./Paul_Harris_Professional_conduct_panel_outcome.pdf- Teachers’ Standards; ./Paul_Harris_Professional_conduct_panel_outcome.pdf- ./Paul_Harris_Professional_conduct_panel_outcome.pdf-  misconduct seriously affecting the education and/or well-being of pupils; ./Paul_Harris_Professional_conduct_panel_outcome.pdf- ./Paul_Harris_Professional_conduct_panel_outcome.pdf-  abuse of position of trust… ./Paul_Harris_Professional_conduct_panel_outcome.pdf- ./Paul_Harris_Professional_conduct_panel_outcome.pdf:  sexual misconduct, for example, involving actions that were sexually motivated or ./Paul_Harris_Professional_conduct_panel_outcome.pdf: of a sexual nature and/or that use or exploit the trust, knowledge or influence ./Paul_Harris_Professional_conduct_panel_outcome.pdf- derived from the individual’s professional position; ./Paul_Harris_Professional_conduct_panel_outcome.pdf- ./Paul_Harris_Professional_conduct_panel_outcome.pdf-Even though the behaviour found proved in this case indicated that a prohibition order ./Paul_Harris_Professional_conduct_panel_outcome.pdf-would be appropriate, the panel went on to consider the mitigating factors. Mitigating ./Paul_Harris_Professional_conduct_panel_outcome.pdf-factors may indicate that a prohibition order would not be appropriate or proportionate. ./Paul_Harris_Professional_conduct_panel_outcome.pdf- ./Paul_Harris_Professional_conduct_panel_outcome.pdf-The only real mitigation present was that Mr Harris had a previously good record. ./Paul_Harris_Professional_conduct_panel_outcome.pdf- ./Paul_Harris_Professional_conduct_panel_outcome.pdf-The panel first considered whether it would be proportionate to conclude this case with ./Paul_Harris_Professional_conduct_panel_outcome.pdf-no recommendation of prohibition, considering whether the publication of the findings -- ./Paul_Harris_Professional_conduct_panel_outcome.pdf-recommendation to the Secretary of State that a prohibition order should be imposed with ./Paul_Harris_Professional_conduct_panel_outcome.pdf-immediate effect. ./Paul_Harris_Professional_conduct_panel_outcome.pdf- ./Paul_Harris_Professional_conduct_panel_outcome.pdf-The panel went on to consider whether or not it would be appropriate for it to decide to ./Paul_Harris_Professional_conduct_panel_outcome.pdf-recommend a review period of the order. The panel was mindful that the Advice states ./Paul_Harris_Professional_conduct_panel_outcome.pdf-that a prohibition order applies for life, but there may be circumstances, in any given ./Paul_Harris_Professional_conduct_panel_outcome.pdf-case, that may make it appropriate to allow a teacher to apply to have the prohibition ./Paul_Harris_Professional_conduct_panel_outcome.pdf-order reviewed after a specified period of time that may not be less than 2 years. ./Paul_Harris_Professional_conduct_panel_outcome.pdf- ./Paul_Harris_Professional_conduct_panel_outcome.pdf-The Advice indicates that there are behaviours that, if proved, would militate against the ./Paul_Harris_Professional_conduct_panel_outcome.pdf:recommendation of a review period. These behaviours include serious sexual ./Paul_Harris_Professional_conduct_panel_outcome.pdf:misconduct, such as where the act was sexually motivated and resulted in, or had the ./Paul_Harris_Professional_conduct_panel_outcome.pdf-potential to result in, harm to a person or persons, particularly where the individual has ./Paul_Harris_Professional_conduct_panel_outcome.pdf-used his professional position to influence a person. ./Paul_Harris_Professional_conduct_panel_outcome.pdf- ./Paul_Harris_Professional_conduct_panel_outcome.pdf-The panel decided that the findings indicated a situation in which a review period would ./Paul_Harris_Professional_conduct_panel_outcome.pdf-not be appropriate and, as such, decided that it would be proportionate, in all the ./Paul_Harris_Professional_conduct_panel_outcome.pdf-circumstances, for the prohibition order to be recommended without provisions for a ./Paul_Harris_Professional_conduct_panel_outcome.pdf-review period. ./Paul_Harris_Professional_conduct_panel_outcome.pdf- ./Paul_Harris_Professional_conduct_panel_outcome.pdf- ./Paul_Harris_Professional_conduct_panel_outcome.pdf-Decision and reasons on behalf of the Secretary of State -- ./Paul_Harris_Professional_conduct_panel_outcome.pdf- o treating pupils with dignity, building relationships rooted in mutual respect, ./Paul_Harris_Professional_conduct_panel_outcome.pdf- and at all times observing proper boundaries appropriate to a teacher’s ./Paul_Harris_Professional_conduct_panel_outcome.pdf- professional position ./Paul_Harris_Professional_conduct_panel_outcome.pdf- ./Paul_Harris_Professional_conduct_panel_outcome.pdf- o having regard for the need to safeguard pupils’ well-being, in accordance ./Paul_Harris_Professional_conduct_panel_outcome.pdf- with statutory provisions ./Paul_Harris_Professional_conduct_panel_outcome.pdf- ./Paul_Harris_Professional_conduct_panel_outcome.pdf-  Teachers must have proper and professional regard for the ethos, policies and ./Paul_Harris_Professional_conduct_panel_outcome.pdf- practices of the school in which they teach… ./Paul_Harris_Professional_conduct_panel_outcome.pdf- ./Paul_Harris_Professional_conduct_panel_outcome.pdf:The findings of misconduct are particularly serious as they include a finding of sexual ./Paul_Harris_Professional_conduct_panel_outcome.pdf-misconduct. ./Paul_Harris_Professional_conduct_panel_outcome.pdf- ./Paul_Harris_Professional_conduct_panel_outcome.pdf-I have to determine whether the imposition of a prohibition order is proportionate and in ./Paul_Harris_Professional_conduct_panel_outcome.pdf-the public interest. In considering that for this case, I have considered the overall aim of a ./Paul_Harris_Professional_conduct_panel_outcome.pdf-prohibition order which is to protect pupils and to maintain public confidence in the ./Paul_Harris_Professional_conduct_panel_outcome.pdf-profession. I have considered the extent to which a prohibition order in this case would ./Paul_Harris_Professional_conduct_panel_outcome.pdf-achieve that aim taking into account the impact that it will have on the individual teacher. ./Paul_Harris_Professional_conduct_panel_outcome.pdf-I have also asked myself, whether a less intrusive measure, such as the published ./Paul_Harris_Professional_conduct_panel_outcome.pdf-finding of unacceptable professional conduct and conduct that may bring the profession ./Paul_Harris_Professional_conduct_panel_outcome.pdf-into disrepute, would itself be sufficient to achieve the overall aim. I have to consider -- ./Paul_Harris_Professional_conduct_panel_outcome.pdf-I have gone on to consider the extent to which a prohibition order would maintain public ./Paul_Harris_Professional_conduct_panel_outcome.pdf-confidence in the profession. The panel observe, “The findings of misconduct are ./Paul_Harris_Professional_conduct_panel_outcome.pdf-serious, and the conduct displayed would be likely to have a negative impact on the ./Paul_Harris_Professional_conduct_panel_outcome.pdf-individual’s status as a teacher, potentially damaging the public perception of the ./Paul_Harris_Professional_conduct_panel_outcome.pdf-profession.” ./Paul_Harris_Professional_conduct_panel_outcome.pdf- ./Paul_Harris_Professional_conduct_panel_outcome.pdf:I am particularly mindful of the finding of sexual misconduct in this case and the impact ./Paul_Harris_Professional_conduct_panel_outcome.pdf-that such a finding has on the reputation of the profession. ./Paul_Harris_Professional_conduct_panel_outcome.pdf- ./Paul_Harris_Professional_conduct_panel_outcome.pdf-I have had to consider that the public has a high expectation of professional standards of ./Paul_Harris_Professional_conduct_panel_outcome.pdf-all teachers and that the public might regard a failure to impose a prohibition order as a ./Paul_Harris_Professional_conduct_panel_outcome.pdf-failure to uphold those high standards. In weighing these considerations, I have had to ./Paul_Harris_Professional_conduct_panel_outcome.pdf-consider the matter from the point of view of an “ordinary intelligent and well-informed ./Paul_Harris_Professional_conduct_panel_outcome.pdf-citizen.” ./Paul_Harris_Professional_conduct_panel_outcome.pdf- ./Paul_Harris_Professional_conduct_panel_outcome.pdf-I have considered whether the publication of a finding of unacceptable professional ./Paul_Harris_Professional_conduct_panel_outcome.pdf-conduct, in the absence of a prohibition order, can itself be regarded by such a person as -- ./Paul_Harris_Professional_conduct_panel_outcome.pdf- ./Paul_Harris_Professional_conduct_panel_outcome.pdf-I have also considered the impact of a prohibition order on Mr Harris himself. A ./Paul_Harris_Professional_conduct_panel_outcome.pdf-prohibition order would prevent Mr Harris from teaching and would also clearly deprive ./Paul_Harris_Professional_conduct_panel_outcome.pdf-the public of his contribution to the profession for the period that it is in force. ./Paul_Harris_Professional_conduct_panel_outcome.pdf- ./Paul_Harris_Professional_conduct_panel_outcome.pdf-In this case, I have placed considerable weight on the panel’s comments “The panel ./Paul_Harris_Professional_conduct_panel_outcome.pdf-formed the view that the power imbalance in the relationship that Mr Harris formed with ./Paul_Harris_Professional_conduct_panel_outcome.pdf-pupil A and the clandestine way in which the relationship was conducted made the ./Paul_Harris_Professional_conduct_panel_outcome.pdf-conduct particularly serious and that the public interest in the imposition of prohibition ./Paul_Harris_Professional_conduct_panel_outcome.pdf-was therefore overwhelming.” The panel also said, “the relationship was concealed from ./Paul_Harris_Professional_conduct_panel_outcome.pdf:colleagues, Mr Harris's wife and pupil A's parents and included sexual contact, which ./Paul_Harris_Professional_conduct_panel_outcome.pdf-occurred secretly at pupil A's parents' house. The relationship carried on, without the ./Paul_Harris_Professional_conduct_panel_outcome.pdf-knowledge of Mr Harris' employers, after pupil A's father became aware of the ./Paul_Harris_Professional_conduct_panel_outcome.pdf-relationship and asked for it to end.” ./Paul_Harris_Professional_conduct_panel_outcome.pdf- ./Paul_Harris_Professional_conduct_panel_outcome.pdf- ./Paul_Harris_Professional_conduct_panel_outcome.pdf- ./Paul_Harris_Professional_conduct_panel_outcome.pdf-I have also placed considerable weight on the finding of the panel that, “The relationship ./Paul_Harris_Professional_conduct_panel_outcome.pdf-began and continued despite Mr Harris's recently prior position of authority over pupil A ./Paul_Harris_Professional_conduct_panel_outcome.pdf-as one of her teachers. The imbalance in the dynamic of their relationship remained, ./Paul_Harris_Professional_conduct_panel_outcome.pdf-given Mr Harris's very recent position of trust over pupil A,” and, “The serious misconduct -- ./Paul_Harris_Professional_conduct_panel_outcome.pdf-confidence in the profession. ./Paul_Harris_Professional_conduct_panel_outcome.pdf- ./Paul_Harris_Professional_conduct_panel_outcome.pdf-For these reasons, I have concluded that a prohibition order is proportionate and in the ./Paul_Harris_Professional_conduct_panel_outcome.pdf-public interest in order to achieve the intended aims of a prohibition order. ./Paul_Harris_Professional_conduct_panel_outcome.pdf- ./Paul_Harris_Professional_conduct_panel_outcome.pdf-I have gone on to consider the matter of a review period. In this case, the panel has ./Paul_Harris_Professional_conduct_panel_outcome.pdf-recommended that no provision should be made for a review period. ./Paul_Harris_Professional_conduct_panel_outcome.pdf- ./Paul_Harris_Professional_conduct_panel_outcome.pdf-I have considered the advice published by the Secretary of State and the panel’s ./Paul_Harris_Professional_conduct_panel_outcome.pdf-comments “The Advice indicates that there are behaviours that, if proved, would militate ./Paul_Harris_Professional_conduct_panel_outcome.pdf:against the recommendation of a review period. These behaviours include serious sexual ./Paul_Harris_Professional_conduct_panel_outcome.pdf:misconduct, such as where the act was sexually motivated and resulted in, or had the ./Paul_Harris_Professional_conduct_panel_outcome.pdf-potential to result in, harm to a person or persons, particularly where the individual has ./Paul_Harris_Professional_conduct_panel_outcome.pdf-used his professional position to influence a person.” ./Paul_Harris_Professional_conduct_panel_outcome.pdf- ./Paul_Harris_Professional_conduct_panel_outcome.pdf-I have considered whether allowing for a no review period reflects the seriousness of the ./Paul_Harris_Professional_conduct_panel_outcome.pdf-findings and is proportionate to achieve the aim of maintaining public confidence in the ./Paul_Harris_Professional_conduct_panel_outcome.pdf:profession. In this case, the factors which support that view are, the sexual misconduct ./Paul_Harris_Professional_conduct_panel_outcome.pdf-found, the attempt to conceal this, and the apparent lack of insight or remorse. ./Paul_Harris_Professional_conduct_panel_outcome.pdf- ./Paul_Harris_Professional_conduct_panel_outcome.pdf-I consider therefore that allowing for a no review period is necessary and required to ./Paul_Harris_Professional_conduct_panel_outcome.pdf-satisfy the maintenance of public confidence in the profession. ./Paul_Harris_Professional_conduct_panel_outcome.pdf- ./Paul_Harris_Professional_conduct_panel_outcome.pdf-This means that Mr Paul Harris is prohibited from teaching indefinitely and cannot ./Paul_Harris_Professional_conduct_panel_outcome.pdf-teach in any school, sixth form college, relevant youth accommodation or ./Paul_Harris_Professional_conduct_panel_outcome.pdf-children’s home in England. Furthermore, in view of the seriousness of the allegations ./Paul_Harris_Professional_conduct_panel_outcome.pdf-found proved against him, I have decided that Mr Paul Harris shall not be entitled to ./Paul_Harris_Professional_conduct_panel_outcome.pdf-apply for restoration of his eligibility to teach. ./Paul__Richard_-_14_October_2014_-_Web_Decision_-.pdf-In the documents submitted by the teacher to the National College Mr Paul indicates that ./Paul__Richard_-_14_October_2014_-_Web_Decision_-.pdf-on 6 April 2013 he was approached by an individual in an adult chat room over the ./Paul__Richard_-_14_October_2014_-_Web_Decision_-.pdf-internet to “engage” in conversation during which that person professed an attraction to ./Paul__Richard_-_14_October_2014_-_Web_Decision_-.pdf-children. ./Paul__Richard_-_14_October_2014_-_Web_Decision_-.pdf- ./Paul__Richard_-_14_October_2014_-_Web_Decision_-.pdf-Mr Paul says he was curious and stupid enough to see just how accessible such images ./Paul__Richard_-_14_October_2014_-_Web_Decision_-.pdf-were on the internet and really wasn’t expecting to find anything; he presumed, naively, ./Paul__Richard_-_14_October_2014_-_Web_Decision_-.pdf-that such images would be hidden behind a pay wall; unfortunately they were not. ./Paul__Richard_-_14_October_2014_-_Web_Decision_-.pdf- ./Paul__Richard_-_14_October_2014_-_Web_Decision_-.pdf-He says that the images that he accessed did not involve children being naked or ./Paul__Richard_-_14_October_2014_-_Web_Decision_-.pdf:engaging in any kind of sexual activity and that when he tried to exit the page of ./Paul__Richard_-_14_October_2014_-_Web_Decision_-.pdf-thumbnail images, another page from a different site would automatically appear on the ./Paul__Richard_-_14_October_2014_-_Web_Decision_-.pdf-screen. He says this happened several times. ./Paul__Richard_-_14_October_2014_-_Web_Decision_-.pdf- ./Paul__Richard_-_14_October_2014_-_Web_Decision_-.pdf-Accordingly he took his computer for repair and it was while the computer was being ./Paul__Richard_-_14_October_2014_-_Web_Decision_-.pdf-repaired that the images were found. Mr Paul says that he did not physically download ./Paul__Richard_-_14_October_2014_-_Web_Decision_-.pdf-any of the images that were found on his computer. ./Paul__Richard_-_14_October_2014_-_Web_Decision_-.pdf- ./Paul__Richard_-_14_October_2014_-_Web_Decision_-.pdf-He says that he was very stupid to use an adult chat room in the first place and ./Paul__Richard_-_14_October_2014_-_Web_Decision_-.pdf-committed a gross error of judgement in doing so. He says that he fully regrets his ./Paul__Richard_-_14_October_2014_-_Web_Decision_-.pdf-actions and does not believe that he poses a threat or a danger to children and young -- ./Paul__Richard_-_14_October_2014_-_Web_Decision_-.pdf-his conduct. However we do find it difficult to believe that, in his words: - “it had never ./Paul__Richard_-_14_October_2014_-_Web_Decision_-.pdf-even occurred to me that I might be committing an offence.” ./Paul__Richard_-_14_October_2014_-_Web_Decision_-.pdf- ./Paul__Richard_-_14_October_2014_-_Web_Decision_-.pdf-We also recognise that this was a “one off” incident and that the images which Mr Paul ./Paul__Richard_-_14_October_2014_-_Web_Decision_-.pdf-accessed were at the lowest end of the scale and did not involve pictures of children who ./Paul__Richard_-_14_October_2014_-_Web_Decision_-.pdf:were naked or engaged in sexual activity. ./Paul__Richard_-_14_October_2014_-_Web_Decision_-.pdf- ./Paul__Richard_-_14_October_2014_-_Web_Decision_-.pdf-Nonetheless we regard Mr Paul’s conduct as being sufficiently serious for us to conclude ./Paul__Richard_-_14_October_2014_-_Web_Decision_-.pdf-that it renders him incompatible with remaining as a member of the profession. That view ./Paul__Richard_-_14_October_2014_-_Web_Decision_-.pdf-accords with the guidance set out in the “Teacher misconduct: prohibition of teachers” ./Paul__Richard_-_14_October_2014_-_Web_Decision_-.pdf-document. ./Paul__Richard_-_14_October_2014_-_Web_Decision_-.pdf- ./Paul__Richard_-_14_October_2014_-_Web_Decision_-.pdf-Prohibition orders are not intended to be punitive but are made in the public interest ./Paul__Richard_-_14_October_2014_-_Web_Decision_-.pdf-which includes both the maintenance of public confidence in the profession and declaring ./Paul__Richard_-_14_October_2014_-_Web_Decision_-.pdf-and upholding proper standards of conduct. We judge that both considerations are ./Paul__Richard_-_14_October_2014_-_Web_Decision_-.pdf-engaged in this case. We therefore recommend that a Prohibition Order should be ./Perry_C_-_Web_Decision.pdf-B. Allegations ./Perry_C_-_Web_Decision.pdf-The panel considered the allegations set out in the Notice of Meeting dated 4 October ./Perry_C_-_Web_Decision.pdf-2017. ./Perry_C_-_Web_Decision.pdf- ./Perry_C_-_Web_Decision.pdf-It was alleged that Mr Christopher Perry was guilty of unacceptable professional conduct ./Perry_C_-_Web_Decision.pdf-and/or conduct that may bring the profession into disrepute, in that: ./Perry_C_-_Web_Decision.pdf- ./Perry_C_-_Web_Decision.pdf-1. He used school equipment in or around October and November 2016 including but not ./Perry_C_-_Web_Decision.pdf-limited to: ./Perry_C_-_Web_Decision.pdf- ./Perry_C_-_Web_Decision.pdf: a. E-mails of a sexual nature to one or more members of the public including ./Perry_C_-_Web_Decision.pdf- words to the effect of: ./Perry_C_-_Web_Decision.pdf- ./Perry_C_-_Web_Decision.pdf- i. I like a good book, good film, watch the cricket, do something romantic, make ./Perry_C_-_Web_Decision.pdf- love; ./Perry_C_-_Web_Decision.pdf- ./Perry_C_-_Web_Decision.pdf- ii. I have always wanted to see you standing naked full length in a mirror with your ./Perry_C_-_Web_Decision.pdf- beautiful hair flowing off your shoulders, smiling at me; ./Perry_C_-_Web_Decision.pdf- ./Perry_C_-_Web_Decision.pdf- iii. I require you to be dressed as a school girl with white knickers; ./Perry_C_-_Web_Decision.pdf- ./Perry_C_-_Web_Decision.pdf- iv. You will kneel in the corner of the room, facing the wall while I set up my laptop; ./Perry_C_-_Web_Decision.pdf- ./Perry_C_-_Web_Decision.pdf- v. You will be required to perform acts upon me live on Omegle; ./Perry_C_-_Web_Decision.pdf- ./Perry_C_-_Web_Decision.pdf- vi. The pictures stay on my laptop under a secure password, encrypted so no-one ./Perry_C_-_Web_Decision.pdf- can get them baby. They are for me eyes only; ./Perry_C_-_Web_Decision.pdf- ./Perry_C_-_Web_Decision.pdf- 2. Following a direct management instruction on 14 November 2016 that he ./Perry_C_-_Web_Decision.pdf- should stop sending personal e-mails from school equipment, including a ./Perry_C_-_Web_Decision.pdf: message of sexual nature. ./Perry_C_-_Web_Decision.pdf- ./Perry_C_-_Web_Decision.pdf-Mr Perry admitted the facts in full by way of signed agreed statement of facts dated 10 ./Perry_C_-_Web_Decision.pdf-July 2017. He further accepted that his conduct amounted to unacceptable professional ./Perry_C_-_Web_Decision.pdf-conduct and conduct that may bring the profession into disrepute. ./Perry_C_-_Web_Decision.pdf- ./Perry_C_-_Web_Decision.pdf- ./Perry_C_-_Web_Decision.pdf-C. Preliminary applications ./Perry_C_-_Web_Decision.pdf-There were no preliminary applications. ./Perry_C_-_Web_Decision.pdf- ./Perry_C_-_Web_Decision.pdf- -- ./Perry_C_-_Web_Decision.pdf-The panel confirms that it has read all the documents provided in the bundle in advance ./Perry_C_-_Web_Decision.pdf-of the hearing. ./Perry_C_-_Web_Decision.pdf- ./Perry_C_-_Web_Decision.pdf-In advance of the meeting, the National College agreed to a request from Mr Christopher ./Perry_C_-_Web_Decision.pdf-Perry that the allegations be considered without a hearing. The panel has the ability to ./Perry_C_-_Web_Decision.pdf-direct that the case be considered at a hearing if required in the interests of justice or in ./Perry_C_-_Web_Decision.pdf-the public interest. The panel did not determine that such a direction is necessary or ./Perry_C_-_Web_Decision.pdf-appropriate in this case. ./Perry_C_-_Web_Decision.pdf- ./Perry_C_-_Web_Decision.pdf-In this case the teacher used school IT equipment to communicate with persons ./Perry_C_-_Web_Decision.pdf:unconnected to the school by way of e-mails of a sexual nature. This continued despite a ./Perry_C_-_Web_Decision.pdf-management instruction for it to stop. ./Perry_C_-_Web_Decision.pdf- ./Perry_C_-_Web_Decision.pdf-Findings of fact ./Perry_C_-_Web_Decision.pdf-Our findings of fact are as follows: ./Perry_C_-_Web_Decision.pdf- ./Perry_C_-_Web_Decision.pdf-The panel has found all of the particulars of the allegations against you proven, for these ./Perry_C_-_Web_Decision.pdf-reasons: ./Perry_C_-_Web_Decision.pdf- ./Perry_C_-_Web_Decision.pdf- 1. You used school equipment in or around October and November 2016 ./Perry_C_-_Web_Decision.pdf- including but not limited to: -- ./Perry_C_-_Web_Decision.pdf: a. E-mails of a sexual nature to one or more members of the public including ./Perry_C_-_Web_Decision.pdf- words to the effect of: ./Perry_C_-_Web_Decision.pdf- ./Perry_C_-_Web_Decision.pdf- i. I like a good book, good film, watch the cricket, do something romantic, ./Perry_C_-_Web_Decision.pdf- make love; ./Perry_C_-_Web_Decision.pdf- ./Perry_C_-_Web_Decision.pdf- ii. I have always wanted to see you standing naked full length in a mirror ./Perry_C_-_Web_Decision.pdf- with your beautiful hair flowing off your shoulders, smiling at me; ./Perry_C_-_Web_Decision.pdf- ./Perry_C_-_Web_Decision.pdf- iii. I require you to be dressed as a school girl with white knickers; ./Perry_C_-_Web_Decision.pdf- ./Perry_C_-_Web_Decision.pdf- iv. You will kneel in the corner of the room, facing the wall while I set up my ./Perry_C_-_Web_Decision.pdf- laptop; ./Perry_C_-_Web_Decision.pdf- ./Perry_C_-_Web_Decision.pdf- v. You will be required to perform acts upon me live on Omegle; ./Perry_C_-_Web_Decision.pdf- ./Perry_C_-_Web_Decision.pdf- vi. The pictures stay on my laptop under a secure password, encrypted so ./Perry_C_-_Web_Decision.pdf- no-one can get them baby. They are for me eyes only; ./Perry_C_-_Web_Decision.pdf- ./Perry_C_-_Web_Decision.pdf- 2. Following a direct management instruction on 14 November 2016 that you ./Perry_C_-_Web_Decision.pdf- should stop sending personal e-mails from school equipment, including a ./Perry_C_-_Web_Decision.pdf: message of sexual nature. ./Perry_C_-_Web_Decision.pdf- ./Perry_C_-_Web_Decision.pdf-The facts were admitted in full by Mr Christopher Perry by way of the signed statement of ./Perry_C_-_Web_Decision.pdf-facts dated 10 July 2017. The panel considered all of the evidence and that statement of ./Perry_C_-_Web_Decision.pdf-facts carefully and have concluded that the admissions are unequivocal and full in ./Perry_C_-_Web_Decision.pdf-response to the allegations brought against Mr Perry. The content of the agreed ./Perry_C_-_Web_Decision.pdf-statement of facts is accepted in its entirety. ./Perry_C_-_Web_Decision.pdf- ./Perry_C_-_Web_Decision.pdf-It is particularly noted that Mr Perry accepts that he did not follow management ./Perry_C_-_Web_Decision.pdf-instruction to cease sending personal emails from school equipment although it was not ./Perry_C_-_Web_Decision.pdf-clear to the panel which messages were sent after that instruction was given. It is though ./Perry_C_-_Web_Decision.pdf:admitted (and accepted by the panel) that one message of a sexual nature was sent after ./Perry_C_-_Web_Decision.pdf-the relevant management instruction had been given. ./Perry_C_-_Web_Decision.pdf- ./Perry_C_-_Web_Decision.pdf-Findings as to unacceptable professional conduct and conduct that may bring the ./Perry_C_-_Web_Decision.pdf-profession into disrepute ./Perry_C_-_Web_Decision.pdf- ./Perry_C_-_Web_Decision.pdf-Having found all of the allegations to have been proven, the panel has gone on to ./Perry_C_-_Web_Decision.pdf-consider whether the facts of those proven allegations amount to unacceptable ./Perry_C_-_Web_Decision.pdf-professional conduct and/or conduct that may bring the profession into disrepute. ./Perry_C_-_Web_Decision.pdf- ./Perry_C_-_Web_Decision.pdf-In doing so, the panel has had regard to the document Teacher misconduct: The -- ./Perry_C_-_Web_Decision.pdf-prohibition order. ./Perry_C_-_Web_Decision.pdf- ./Perry_C_-_Web_Decision.pdf-In carrying out the balancing exercise the panel has considered the public interest ./Perry_C_-_Web_Decision.pdf-considerations both in favour of and against prohibition as well as the interests of Mr ./Perry_C_-_Web_Decision.pdf-Perry. The panel took further account of the Advice, which suggests that a prohibition ./Perry_C_-_Web_Decision.pdf-order may be appropriate if certain behaviours of a teacher have been proven. Although ./Perry_C_-_Web_Decision.pdf-the panel considered the breaches of the Standards to be serious it did not consider Mr ./Perry_C_-_Web_Decision.pdf-Perry's behaviour to be incompatible with him continuing to be a teacher. ./Perry_C_-_Web_Decision.pdf- ./Perry_C_-_Web_Decision.pdf-Mr Perry's conduct did not seriously affect the education or well-being of pupils, did not ./Perry_C_-_Web_Decision.pdf:involve any serious abuse of position or trust and did not involve sexual misconduct or ./Perry_C_-_Web_Decision.pdf-any criminal behaviour. ./Perry_C_-_Web_Decision.pdf- ./Perry_C_-_Web_Decision.pdf-The panel first considered whether it would be proportionate to conclude this case with ./Perry_C_-_Web_Decision.pdf-no recommendation of prohibition, considering whether the publication of the findings ./Perry_C_-_Web_Decision.pdf-made by the panel is sufficient. ./Perry_C_-_Web_Decision.pdf- ./Perry_C_-_Web_Decision.pdf-The panel is of the view that applying the standard of the ordinary intelligent citizen ./Perry_C_-_Web_Decision.pdf-recommending no prohibition order is a proportionate and appropriate response. Given ./Perry_C_-_Web_Decision.pdf-that the nature and severity of the behaviour is at the less serious end of the possible ./Perry_C_-_Web_Decision.pdf-spectrum and in light of Mr Perry's good history, the panel has determined that a ./Phillips_Joanne_SoS_Decision.pdf- f) you attempted to make contact with Child A on Snapchat and/or Facebook; ./Phillips_Joanne_SoS_Decision.pdf- ./Phillips_Joanne_SoS_Decision.pdf- g) you prepared a personal letter to Child A containing statements set out in ./Phillips_Joanne_SoS_Decision.pdf- Schedule A; ./Phillips_Joanne_SoS_Decision.pdf- ./Phillips_Joanne_SoS_Decision.pdf- h) you sent a personal letter to Child A’s home address; ./Phillips_Joanne_SoS_Decision.pdf- ./Phillips_Joanne_SoS_Decision.pdf- i) you sent one or more messages (text messages) as set out in Schedule B with ./Phillips_Joanne_SoS_Decision.pdf- the intention that Child A read the messages; ./Phillips_Joanne_SoS_Decision.pdf- ./Phillips_Joanne_SoS_Decision.pdf: j) you had a physical sexual relationship with Child A. ./Phillips_Joanne_SoS_Decision.pdf- ./Phillips_Joanne_SoS_Decision.pdf-2. In or around December 2017, you inappropriately accessed the School’s SIMs system ./Phillips_Joanne_SoS_Decision.pdf-to obtain Child A’s home address. ./Phillips_Joanne_SoS_Decision.pdf- ./Phillips_Joanne_SoS_Decision.pdf:3. Your conduct at 1 and/or 2 was sexually motivated in that the conduct was in pursuit of ./Phillips_Joanne_SoS_Decision.pdf:a sexual relationship and/or sexual gratification. ./Phillips_Joanne_SoS_Decision.pdf- ./Phillips_Joanne_SoS_Decision.pdf-4. Before 29 June 2018, you allowed one or more pupils and/or former pupils to access ./Phillips_Joanne_SoS_Decision.pdf-your social media posts; ./Phillips_Joanne_SoS_Decision.pdf- ./Phillips_Joanne_SoS_Decision.pdf-5. By your conduct set out in all or any of the foregoing paragraphs, you failed to ./Phillips_Joanne_SoS_Decision.pdf-observe: ./Phillips_Joanne_SoS_Decision.pdf- ./Phillips_Joanne_SoS_Decision.pdf- a) a proper boundary appropriate to a teacher’s professional position ./Phillips_Joanne_SoS_Decision.pdf- ./Phillips_Joanne_SoS_Decision.pdf- b) a professional regard for the child protection and/or safeguarding policies of the -- ./Phillips_Joanne_SoS_Decision.pdf- • Witness B [Redacted]. ./Phillips_Joanne_SoS_Decision.pdf- ./Phillips_Joanne_SoS_Decision.pdf-These witnesses were called to give evidence by the TRA. ./Phillips_Joanne_SoS_Decision.pdf- ./Phillips_Joanne_SoS_Decision.pdf-Decision and reasons ./Phillips_Joanne_SoS_Decision.pdf-The panel announced its decision and reasons as follows. ./Phillips_Joanne_SoS_Decision.pdf- ./Phillips_Joanne_SoS_Decision.pdf-The panel carefully considered the case before it and reached a decision. ./Phillips_Joanne_SoS_Decision.pdf- ./Phillips_Joanne_SoS_Decision.pdf-This case relates to allegations that Mrs Phillips was engaged in an inappropriate and ./Phillips_Joanne_SoS_Decision.pdf:sexual relationship with a child who was, at one stage, her pupil. ./Phillips_Joanne_SoS_Decision.pdf- ./Phillips_Joanne_SoS_Decision.pdf-The panel heard and accepted the following evidence relevant to the background of this ./Phillips_Joanne_SoS_Decision.pdf-case. Mrs Phillips was employed as a Teaching Assistant at Tong Leadership Academy ./Phillips_Joanne_SoS_Decision.pdf-("the School"), starting work there on 4 January 2010. By 1 September 2011, Mrs Phillips ./Phillips_Joanne_SoS_Decision.pdf-was working for the School as a Higher Level Teacher Assistant (HLTA), and by 1 ./Phillips_Joanne_SoS_Decision.pdf-September 2012 she was Lead HLTA. Mrs Phillips had responsibility for a range of ./Phillips_Joanne_SoS_Decision.pdf-different students, including those with special needs requiring Internal Alternative ./Phillips_Joanne_SoS_Decision.pdf-Provision. Mrs Phillips worked with students in small groups and also on a one-to-one ./Phillips_Joanne_SoS_Decision.pdf-basis. Given Mrs Phillips' professional responsibilities, which included planning and ./Phillips_Joanne_SoS_Decision.pdf-delivery of the curriculum, the panel was satisfied that Mrs Phillips was performing a -- ./Phillips_Joanne_SoS_Decision.pdf-scheduled to be a pupil at the School until 31 August 2017, albeit his last exam was 30 ./Phillips_Joanne_SoS_Decision.pdf-June 2017. ./Phillips_Joanne_SoS_Decision.pdf- ./Phillips_Joanne_SoS_Decision.pdf-On 22 March 2018, a child protection concern was raised with the School to the effect ./Phillips_Joanne_SoS_Decision.pdf:that Mrs Phillips was engaged in a sexual relationship with a former student, namely ./Phillips_Joanne_SoS_Decision.pdf-Child A. ./Phillips_Joanne_SoS_Decision.pdf- ./Phillips_Joanne_SoS_Decision.pdf-Mrs Phillips was interviewed by Witness A [Redacted], and accepted that text messages ./Phillips_Joanne_SoS_Decision.pdf-had been exchanged between her and Child A, and furthermore that she had written a ./Phillips_Joanne_SoS_Decision.pdf-letter to him (around Christmas 2017) because he had stopped contacting her. Mrs ./Phillips_Joanne_SoS_Decision.pdf-Phillips admitted obtaining the address from the School's SIMs electronic register system. ./Phillips_Joanne_SoS_Decision.pdf- ./Phillips_Joanne_SoS_Decision.pdf-Witness A [Redacted] inspected the phone of Mrs Phillips, and stated that saw that she ./Phillips_Joanne_SoS_Decision.pdf-was connected to Child A who was listed as a 'friend' on Facebook Messenger. In the ./Phillips_Joanne_SoS_Decision.pdf-course of discussions, Mrs Phillips also admitted meeting Child A in a car in October ./Phillips_Joanne_SoS_Decision.pdf:2017, but denied that there had been any sexual element to this relationship. ./Phillips_Joanne_SoS_Decision.pdf- ./Phillips_Joanne_SoS_Decision.pdf-The individual who raised the child protection concern outlined above was interviewed by ./Phillips_Joanne_SoS_Decision.pdf-the School later the same day, 22 March 2018. The individual presented the School with ./Phillips_Joanne_SoS_Decision.pdf-photographs of a letter written by Mrs Phillips to Child A (but not sent) which he had ./Phillips_Joanne_SoS_Decision.pdf-found in Mrs Phillips' possession on 28 January 2018. This individual also provided a ./Phillips_Joanne_SoS_Decision.pdf-series of text messages which he had exchanged with Mrs Phillips on 20 March 2018 ./Phillips_Joanne_SoS_Decision.pdf-using a different phone, and whilst pretending to be Child A. ./Phillips_Joanne_SoS_Decision.pdf- ./Phillips_Joanne_SoS_Decision.pdf-The School then interviewed staff who gave written statements indicating an awareness ./Phillips_Joanne_SoS_Decision.pdf-that in the early part of 2018, Mrs Phillips was [Redacted], and was potentially engaged ./Phillips_Joanne_SoS_Decision.pdf-in an affair with another individual. Other members of staff also reported that Mrs Phillips ./Phillips_Joanne_SoS_Decision.pdf-was connected to students of the School on social media platforms. Witness A ./Phillips_Joanne_SoS_Decision.pdf-[Redacted] states that she identified an Instagram post by Mrs Phillips which had been ./Phillips_Joanne_SoS_Decision.pdf-'liked' by 4 current or former pupils, who had access to the post. ./Phillips_Joanne_SoS_Decision.pdf- ./Phillips_Joanne_SoS_Decision.pdf:Mrs Phillips denied that there had been any sexual relationship at all. Mrs Phillips also ./Phillips_Joanne_SoS_Decision.pdf-denied the existence of an inappropriate relationship with Child A whilst he had been a ./Phillips_Joanne_SoS_Decision.pdf-pupil at the School. Mrs Phillips was also the subject of a police investigation but no ./Phillips_Joanne_SoS_Decision.pdf-action was taken. Mrs Phillips resigned from the School on 29 June 2018. ./Phillips_Joanne_SoS_Decision.pdf- ./Phillips_Joanne_SoS_Decision.pdf-Whilst Mrs Phillips has not participated in these proceedings, or made any ./Phillips_Joanne_SoS_Decision.pdf-representations, she did give an account to both the School and the police. Both ./Phillips_Joanne_SoS_Decision.pdf-accounts included a range of admissions in respect of the allegations. The admissions ./Phillips_Joanne_SoS_Decision.pdf-made by Mrs Phillips, including admissions made directly to Witness A [Redacted] (who ./Phillips_Joanne_SoS_Decision.pdf-did give oral evidence) are consistent with the evidence in the case, and the panel has ./Phillips_Joanne_SoS_Decision.pdf-relied upon such admissions. -- ./Phillips_Joanne_SoS_Decision.pdf- i) you sent one or more messages (text messages) as set out in Schedule B ./Phillips_Joanne_SoS_Decision.pdf- with the intention that Child A read the messages; ./Phillips_Joanne_SoS_Decision.pdf- ./Phillips_Joanne_SoS_Decision.pdf-Mrs Phillips admitted in the course of the police investigation sending the text messages ./Phillips_Joanne_SoS_Decision.pdf-identified in Schedule B, and admitted that she believed that she was exchanging these ./Phillips_Joanne_SoS_Decision.pdf-messages with Child A when this was not the case. The text messages in question ./Phillips_Joanne_SoS_Decision.pdf-contained each of the statements set out in Schedule B. Schedule B also contains ./Phillips_Joanne_SoS_Decision.pdf-references to heart and kissing emojis and the kiss sign 'x', both of which are within the ./Phillips_Joanne_SoS_Decision.pdf-text messages. The panel is satisfied that this particular is proven on this basis. ./Phillips_Joanne_SoS_Decision.pdf- ./Phillips_Joanne_SoS_Decision.pdf: j) you had a physical sexual relationship with Child A. ./Phillips_Joanne_SoS_Decision.pdf- ./Phillips_Joanne_SoS_Decision.pdf-The text messages referred to in Schedule B contain references in the past tense to ./Phillips_Joanne_SoS_Decision.pdf:previous physical sexual contact, thus to something which had occurred. Given Mrs ./Phillips_Joanne_SoS_Decision.pdf-Phillips' admission that she believed she was exchanging these messages directly with ./Phillips_Joanne_SoS_Decision.pdf-Child A, the panel concluded that there is no sensible or tenable alternative explanation. ./Phillips_Joanne_SoS_Decision.pdf- ./Phillips_Joanne_SoS_Decision.pdf-Whilst the panel is mindful that Mrs Phillips does not have to prove anything, the only ./Phillips_Joanne_SoS_Decision.pdf-logical inference from these messages is that at least on one occasion physical and ./Phillips_Joanne_SoS_Decision.pdf:sexual contact of some sort had taken place between Child A and Mrs Phillips and thus a ./Phillips_Joanne_SoS_Decision.pdf:physical sexual relationship had existed. The panel is unable to determine the extent or ./Phillips_Joanne_SoS_Decision.pdf-nature of such a relationship beyond this finding, and thus allegation 1 j) is proven on this ./Phillips_Joanne_SoS_Decision.pdf-basis. ./Phillips_Joanne_SoS_Decision.pdf- ./Phillips_Joanne_SoS_Decision.pdf- 9 ./Phillips_Joanne_SoS_Decision.pdf- -- ./Phillips_Joanne_SoS_Decision.pdf- ./Phillips_Joanne_SoS_Decision.pdf-The panel considers that each of the particulars of the allegations: b), c), e), f), g), h), i), ./Phillips_Joanne_SoS_Decision.pdf-and j) having been found proven, are evidence of the existence of an inappropriate ./Phillips_Joanne_SoS_Decision.pdf-relationship, both individually and cumulatively. ./Phillips_Joanne_SoS_Decision.pdf- ./Phillips_Joanne_SoS_Decision.pdf-The panel finds that this inappropriate relationship started whilst Child A was a pupil, and ./Phillips_Joanne_SoS_Decision.pdf-continued after he had left (for example particulars g), h), and i) ). By virtue of the findings ./Phillips_Joanne_SoS_Decision.pdf-above, the panel is unable to determine with any precision when each of the particulars ./Phillips_Joanne_SoS_Decision.pdf-occurred, but is satisfied that they occurred within the time period of the allegation and ./Phillips_Joanne_SoS_Decision.pdf-thus between on or around 16 June 2017 and 29 June 2018. The actions of Mrs Phillips ./Phillips_Joanne_SoS_Decision.pdf:would have been inappropriate even absent the existence of some physical sexual ./Phillips_Joanne_SoS_Decision.pdf-contact between them, but the panel found allegation 1) j) proven and regarded this as a ./Phillips_Joanne_SoS_Decision.pdf-clear example of an inappropriate relationship. ./Phillips_Joanne_SoS_Decision.pdf- ./Phillips_Joanne_SoS_Decision.pdf-As regards the finding that Child A was vulnerable (1 a), this simply compounds the ./Phillips_Joanne_SoS_Decision.pdf-impropriety of the relationship between Mrs Phillips and Child A. ./Phillips_Joanne_SoS_Decision.pdf- ./Phillips_Joanne_SoS_Decision.pdf-With the exception of particular d) the panel finds Allegation 1 proven in its entirety. ./Phillips_Joanne_SoS_Decision.pdf- ./Phillips_Joanne_SoS_Decision.pdf-2. In or around December 2017, you inappropriately accessed the School’s SIMs ./Phillips_Joanne_SoS_Decision.pdf-system to obtain Child A’s home address; -- ./Phillips_Joanne_SoS_Decision.pdf-professional responsibilities, and was thus inappropriate. The panel finds this allegation ./Phillips_Joanne_SoS_Decision.pdf-proved. ./Phillips_Joanne_SoS_Decision.pdf- ./Phillips_Joanne_SoS_Decision.pdf:3. Your conduct at 1 and/or 2 was sexually motivated in that the conduct was in ./Phillips_Joanne_SoS_Decision.pdf:pursuit of a sexual relationship and/or sexual gratification; ./Phillips_Joanne_SoS_Decision.pdf- ./Phillips_Joanne_SoS_Decision.pdf-The panel has had regard to the relevant matters found proven at allegations 1 and 2 ./Phillips_Joanne_SoS_Decision.pdf-above. The panel is entirely persuaded on the basis of the evidence before it that the ./Phillips_Joanne_SoS_Decision.pdf:conduct proven above (with the exception of allegation 1 a) was sexually motivated in ./Phillips_Joanne_SoS_Decision.pdf:that it was in pursuit of a sexual relationship. The caveat to this is that there is no ./Phillips_Joanne_SoS_Decision.pdf-evidence that the sharing of the personal telephone number (particular b)) or the ./Phillips_Joanne_SoS_Decision.pdf:exchange of all the text messages (particular e)) were clearly sexually motivated. In both ./Phillips_Joanne_SoS_Decision.pdf-cases, the actions were inappropriate and this inappropriate relationship did develop into ./Phillips_Joanne_SoS_Decision.pdf:a sexual relationship that Mrs Phillips was clearly motivated to maintain. Indeed, the letter ./Phillips_Joanne_SoS_Decision.pdf:and text messages before the panel contained romantic and sexualised content, ./Phillips_Joanne_SoS_Decision.pdf:confirming the sexual nature of the relationship. ./Phillips_Joanne_SoS_Decision.pdf- ./Phillips_Joanne_SoS_Decision.pdf-The panel is unable to determine on the evidence before it whether the actions were ./Phillips_Joanne_SoS_Decision.pdf:directly in pursuit of sexual gratification per se, but is satisfied that the actions were ./Phillips_Joanne_SoS_Decision.pdf:sexually motivated in pursuit of a sexual relationship with Child A. ./Phillips_Joanne_SoS_Decision.pdf- ./Phillips_Joanne_SoS_Decision.pdf-4. Before 29 June 2018, you allowed one or more pupils and/or former pupils to ./Phillips_Joanne_SoS_Decision.pdf-access your social media posts; ./Phillips_Joanne_SoS_Decision.pdf- ./Phillips_Joanne_SoS_Decision.pdf-The panel had before it a print out of an Instagram post from Mrs Phillips, which had two ./Phillips_Joanne_SoS_Decision.pdf-then current pupils and two former pupils associated with it. In evidence, Witness A ./Phillips_Joanne_SoS_Decision.pdf-[Redacted] stated candidly that she could now not be clear as to whether these four ./Phillips_Joanne_SoS_Decision.pdf-individuals were following or being followed by Mrs Phillips. It is worth noting that there was ./Phillips_Joanne_SoS_Decision.pdf-nothing obviously inappropriate about this post. ./Phillips_Joanne_SoS_Decision.pdf- -- ./Phillips_Joanne_SoS_Decision.pdf-have been aware of this. The panel finds this allegation proven on this basis. ./Phillips_Joanne_SoS_Decision.pdf- ./Phillips_Joanne_SoS_Decision.pdf-5. By your conduct set out in all or any of the foregoing paragraphs, you failed to ./Phillips_Joanne_SoS_Decision.pdf-observe: ./Phillips_Joanne_SoS_Decision.pdf- ./Phillips_Joanne_SoS_Decision.pdf- a) a proper boundary appropriate to a teacher’s professional position ./Phillips_Joanne_SoS_Decision.pdf- ./Phillips_Joanne_SoS_Decision.pdf- b) a professional regard for the child protection and/or safeguarding policies ./Phillips_Joanne_SoS_Decision.pdf- of the School ./Phillips_Joanne_SoS_Decision.pdf- ./Phillips_Joanne_SoS_Decision.pdf:By virtue of the inappropriate and sexual relationship that Mrs Phillips had with Child A ./Phillips_Joanne_SoS_Decision.pdf-(allegations 1, 2 and 3) she has failed to observe a proper boundary appropriate to a ./Phillips_Joanne_SoS_Decision.pdf-teacher’s professional position, and failed to observe a professional regard for the child ./Phillips_Joanne_SoS_Decision.pdf-protection and/or safeguarding policies of the School. Whilst the panel can identify ./Phillips_Joanne_SoS_Decision.pdf-numerous sections of the relevant policies which have been breached, the failures in this ./Phillips_Joanne_SoS_Decision.pdf-respect represent profound breaches of well-established professional teaching and child ./Phillips_Joanne_SoS_Decision.pdf-protection policies. ./Phillips_Joanne_SoS_Decision.pdf- 11 ./Phillips_Joanne_SoS_Decision.pdf- -- ./Phillips_Joanne_SoS_Decision.pdf- own attendance and punctuality. ./Phillips_Joanne_SoS_Decision.pdf- ./Phillips_Joanne_SoS_Decision.pdf- • Teachers must have an understanding of, and always act within, the statutory ./Phillips_Joanne_SoS_Decision.pdf- frameworks which set out their professional duties and responsibilities. ./Phillips_Joanne_SoS_Decision.pdf- ./Phillips_Joanne_SoS_Decision.pdf-The panel was satisfied that the conduct of Mrs Phillips amounted to misconduct of a ./Phillips_Joanne_SoS_Decision.pdf-serious nature which fell significantly short of the standards expected of the profession. ./Phillips_Joanne_SoS_Decision.pdf- ./Phillips_Joanne_SoS_Decision.pdf-The panel also considered whether Mrs Phillips' conduct displayed behaviours ./Phillips_Joanne_SoS_Decision.pdf-associated with any of the offences listed on pages 10 and 11 of the Advice. The panel ./Phillips_Joanne_SoS_Decision.pdf:found that the offence of sexual activity was relevant in this case. ./Phillips_Joanne_SoS_Decision.pdf- ./Phillips_Joanne_SoS_Decision.pdf-The Advice indicates that where behaviours associated with such an offence exist, a ./Phillips_Joanne_SoS_Decision.pdf-panel is likely to conclude that an individual’s conduct would amount to unacceptable ./Phillips_Joanne_SoS_Decision.pdf-professional conduct. ./Phillips_Joanne_SoS_Decision.pdf- ./Phillips_Joanne_SoS_Decision.pdf-The panel noted that a number of the allegations took place outside the education ./Phillips_Joanne_SoS_Decision.pdf-setting. Whilst Mrs Phillips commenced an inappropriate relationship with a pupil, and ./Phillips_Joanne_SoS_Decision.pdf-then continued this relationship outside her teaching time and off school premises, this ./Phillips_Joanne_SoS_Decision.pdf-conduct clearly affected the way Mrs Phillips fulfilled her teaching role and may have led ./Phillips_Joanne_SoS_Decision.pdf-to other pupils being exposed to, or influenced by, the behaviour in a harmful way. The -- ./Phillips_Joanne_SoS_Decision.pdf-The panel considered the allegations in this case (except for allegation 4) to each ./Phillips_Joanne_SoS_Decision.pdf:represent elements of an inappropriate and sexual relationship, or actions taken to ./Phillips_Joanne_SoS_Decision.pdf:pursue this inappropriate and sexual relationship. Whilst the panel was not invited to ./Phillips_Joanne_SoS_Decision.pdf-consider the elements in isolation, it notes that even when considered in isolation, the ./Phillips_Joanne_SoS_Decision.pdf-particulars of allegations 1, 2, 3 and 5 would each separately constitute unacceptable ./Phillips_Joanne_SoS_Decision.pdf-professional conduct and conduct which would bring the profession into disrepute. ./Phillips_Joanne_SoS_Decision.pdf- ./Phillips_Joanne_SoS_Decision.pdf-Having found the facts of particulars 1, 2, 3, 4 and 5 proved (with the exception of ./Phillips_Joanne_SoS_Decision.pdf-allegation 1 d)), the panel further found that Mrs Phillips' conduct amounted to both ./Phillips_Joanne_SoS_Decision.pdf-unacceptable professional conduct and conduct that may bring the profession into ./Phillips_Joanne_SoS_Decision.pdf-disrepute. ./Phillips_Joanne_SoS_Decision.pdf- ./Phillips_Joanne_SoS_Decision.pdf- -- ./Phillips_Joanne_SoS_Decision.pdf-proportionate measure, and whether it would be in the public interest to do so. Prohibition ./Phillips_Joanne_SoS_Decision.pdf-orders should not be given in order to be punitive, or to show that blame has been ./Phillips_Joanne_SoS_Decision.pdf-apportioned, although they are likely to have punitive effect. ./Phillips_Joanne_SoS_Decision.pdf- ./Phillips_Joanne_SoS_Decision.pdf-The panel had regard to the particular public interest considerations set out in the Advice ./Phillips_Joanne_SoS_Decision.pdf-and, having done so, found a number of them to be relevant in this case, namely: the ./Phillips_Joanne_SoS_Decision.pdf-protection of pupils; the maintenance of public confidence in the profession and declaring ./Phillips_Joanne_SoS_Decision.pdf-and upholding proper standards of conduct. ./Phillips_Joanne_SoS_Decision.pdf- ./Phillips_Joanne_SoS_Decision.pdf-In the light of the panel’s findings against Mrs Phillips, which involved findings that she ./Phillips_Joanne_SoS_Decision.pdf:engaged in an inappropriate and sexual relationship with a pupil, there was a strong ./Phillips_Joanne_SoS_Decision.pdf-public interest consideration, especially as regards the need to ensure the protection of ./Phillips_Joanne_SoS_Decision.pdf-pupils. ./Phillips_Joanne_SoS_Decision.pdf- ./Phillips_Joanne_SoS_Decision.pdf-Similarly, the panel considered that public confidence in the profession could be seriously ./Phillips_Joanne_SoS_Decision.pdf-weakened if conduct such as that found against Mrs Phillips were not treated with the ./Phillips_Joanne_SoS_Decision.pdf-utmost seriousness when regulating the conduct of the profession. ./Phillips_Joanne_SoS_Decision.pdf- ./Phillips_Joanne_SoS_Decision.pdf-The panel was of the view that a strong public interest consideration in declaring proper ./Phillips_Joanne_SoS_Decision.pdf-standards of conduct in the profession was also present as the conduct found against ./Phillips_Joanne_SoS_Decision.pdf-Mrs Phillips was outside that which could reasonably be tolerated. -- ./Phillips_Joanne_SoS_Decision.pdf- Teachers’ Standards; ./Phillips_Joanne_SoS_Decision.pdf- ./Phillips_Joanne_SoS_Decision.pdf- • misconduct seriously affecting the education and/or well-being of pupils, and ./Phillips_Joanne_SoS_Decision.pdf- particularly where there is a continuing risk; ./Phillips_Joanne_SoS_Decision.pdf- ./Phillips_Joanne_SoS_Decision.pdf- • a deep-seated attitude that leads to harmful behaviour; ./Phillips_Joanne_SoS_Decision.pdf- ./Phillips_Joanne_SoS_Decision.pdf- • abuse of position or trust (particularly involving vulnerable pupils) or violation of ./Phillips_Joanne_SoS_Decision.pdf- the rights of pupils; ./Phillips_Joanne_SoS_Decision.pdf- ./Phillips_Joanne_SoS_Decision.pdf: • sexual misconduct, for example, involving actions that were sexually motivated ./Phillips_Joanne_SoS_Decision.pdf: or of a sexual nature and/or that use or exploit the trust, knowledge or influence ./Phillips_Joanne_SoS_Decision.pdf- derived from the individual’s professional position; ./Phillips_Joanne_SoS_Decision.pdf- ./Phillips_Joanne_SoS_Decision.pdf-Even though some of the behaviour found proved in this case indicated that a prohibition ./Phillips_Joanne_SoS_Decision.pdf-order would be appropriate, the panel went on to consider the mitigating factors. ./Phillips_Joanne_SoS_Decision.pdf-Mitigating factors may indicate that a prohibition order would not be appropriate or ./Phillips_Joanne_SoS_Decision.pdf-proportionate. ./Phillips_Joanne_SoS_Decision.pdf- ./Phillips_Joanne_SoS_Decision.pdf-The panel took note of the fact that there were no previous findings against Mrs Phillips, ./Phillips_Joanne_SoS_Decision.pdf-and thus treated her as a person of good character. There was evidence that she had a ./Phillips_Joanne_SoS_Decision.pdf-successful teaching record. ./Phillips_Joanne_SoS_Decision.pdf- ./Phillips_Joanne_SoS_Decision.pdf-The panel went on to consider the nature of the conduct found proved. There was no ./Phillips_Joanne_SoS_Decision.pdf-evidence that Mrs Phillips was acting under duress, or that her actions in relation to the ./Phillips_Joanne_SoS_Decision.pdf-relationship with Child A were not deliberate. On the contrary, the letter and text ./Phillips_Joanne_SoS_Decision.pdf-messages (allegations 1 g) and i)) confim that Mrs Phillips' actions were premeditated, ./Phillips_Joanne_SoS_Decision.pdf:and she intended to continue a sexual relationship with Child A. ./Phillips_Joanne_SoS_Decision.pdf- ./Phillips_Joanne_SoS_Decision.pdf-Both the letter and text messages betray the fact that Mrs Phillips was focused entirely ./Phillips_Joanne_SoS_Decision.pdf-on her own emotional needs and wishes. Very little regard, if any, was expressed ./Phillips_Joanne_SoS_Decision.pdf-regarding the impact of her communications upon Child A. The communications were ./Phillips_Joanne_SoS_Decision.pdf-vivid in language and tone, and highly emotionalised to the point where they would be ./Phillips_Joanne_SoS_Decision.pdf-very likely to have an emotional impact upon the recipient. As regards the letter, whilst ./Phillips_Joanne_SoS_Decision.pdf- 15 ./Phillips_Joanne_SoS_Decision.pdf- -- ./Phillips_Joanne_SoS_Decision.pdf-this was not sent to Child A, it demonstrates Mrs Phillips' state of mind and intentions. As ./Phillips_Joanne_SoS_Decision.pdf-regards the text messages, Mrs Phillips believed that she was sending them to Child A, ./Phillips_Joanne_SoS_Decision.pdf-even though this was not the case. The panel takes the view that Mrs Phillips has ./Phillips_Joanne_SoS_Decision.pdf-demonstrated a high degree of recklessness as regards the potential impact that her ./Phillips_Joanne_SoS_Decision.pdf:actions in pursuing an inappropriate and sexual relationship could have had on Child A, ./Phillips_Joanne_SoS_Decision.pdf-and indeed others. ./Phillips_Joanne_SoS_Decision.pdf- ./Phillips_Joanne_SoS_Decision.pdf-Whilst there is no clear evidence of demonstrable harm sustained by Child A at the time, ./Phillips_Joanne_SoS_Decision.pdf-the panel takes the view that the simple act of blurring the professional boundaries with a ./Phillips_Joanne_SoS_Decision.pdf-vulnerable child was highly likely to result in harm being sustained, and the risk of that ./Phillips_Joanne_SoS_Decision.pdf-harm being long-lasting. ./Phillips_Joanne_SoS_Decision.pdf- ./Phillips_Joanne_SoS_Decision.pdf-The panel notes that the actions were not isolated, and the conduct took place over a ./Phillips_Joanne_SoS_Decision.pdf-significant period of several months. ./Phillips_Joanne_SoS_Decision.pdf- -- ./Phillips_Joanne_SoS_Decision.pdf-Secretary of State that a prohibition order should be imposed with immediate effect. ./Phillips_Joanne_SoS_Decision.pdf- ./Phillips_Joanne_SoS_Decision.pdf-The panel went on to consider whether or not it would be appropriate for it to decide to ./Phillips_Joanne_SoS_Decision.pdf-recommend a review period of the prohibition order. The panel was mindful that the ./Phillips_Joanne_SoS_Decision.pdf-Advice states that a prohibition order applies for life, but there may be circumstances, in ./Phillips_Joanne_SoS_Decision.pdf-any given case, that may make it appropriate to allow a teacher to apply to have the ./Phillips_Joanne_SoS_Decision.pdf-prohibition order reviewed after a specified period of time that may not be less than 2 ./Phillips_Joanne_SoS_Decision.pdf-years. ./Phillips_Joanne_SoS_Decision.pdf- ./Phillips_Joanne_SoS_Decision.pdf-The Advice indicates that there are behaviours that, if proved, would militate against the ./Phillips_Joanne_SoS_Decision.pdf:recommendation of a review period. These behaviours include serious sexual ./Phillips_Joanne_SoS_Decision.pdf:misconduct, such as where the act was sexually motivated and resulted in, or had the ./Phillips_Joanne_SoS_Decision.pdf-potential to result in, harm to a person or persons, particularly where the individual has ./Phillips_Joanne_SoS_Decision.pdf-used his or her professional position to influence or exploit a person. ./Phillips_Joanne_SoS_Decision.pdf- ./Phillips_Joanne_SoS_Decision.pdf- 16 ./Phillips_Joanne_SoS_Decision.pdf- -- ./Phillips_Joanne_SoS_Decision.pdf-The panel finds that the conduct of Mrs Phillips fell significantly short of the standards ./Phillips_Joanne_SoS_Decision.pdf-expected of the profession. ./Phillips_Joanne_SoS_Decision.pdf- ./Phillips_Joanne_SoS_Decision.pdf-The findings of misconduct are particularly serious as they include engaging in an ./Phillips_Joanne_SoS_Decision.pdf:inappropriate and sexual relationship with a vulnerable child. ./Phillips_Joanne_SoS_Decision.pdf- ./Phillips_Joanne_SoS_Decision.pdf-I have to determine whether the imposition of a prohibition order is proportionate and in ./Phillips_Joanne_SoS_Decision.pdf-the public interest. In considering that for this case, I have considered the overall aim of a ./Phillips_Joanne_SoS_Decision.pdf-prohibition order which is to protect pupils and to maintain public confidence in the ./Phillips_Joanne_SoS_Decision.pdf-profession. I have considered the extent to which a prohibition order in this case would ./Phillips_Joanne_SoS_Decision.pdf-achieve that aim taking into account the impact that it will have on the individual teacher. ./Phillips_Joanne_SoS_Decision.pdf-I have also asked myself, whether a less intrusive measure, such as the published ./Phillips_Joanne_SoS_Decision.pdf-finding of unacceptable professional conduct and conduct that may bring the profession ./Phillips_Joanne_SoS_Decision.pdf-into disrepute, would itself be sufficient to achieve the overall aim. I have to consider ./Phillips_Joanne_SoS_Decision.pdf-whether the consequences of such a publication are themselves sufficient. I have -- ./Phillips_Joanne_SoS_Decision.pdf-I have also taken into account the panel’s comments on insight and remorse, which the ./Phillips_Joanne_SoS_Decision.pdf-panel sets out as follows, “The panel has no evidence before it that Mrs Phillips has ./Phillips_Joanne_SoS_Decision.pdf-demonstrated any insight into, or remorse for, her conduct”. In my judgement, the lack of ./Phillips_Joanne_SoS_Decision.pdf-insight means that there is some risk of the repetition of this behaviour and this puts ./Phillips_Joanne_SoS_Decision.pdf-future pupils at risk. I have therefore given this element considerable weight in reaching ./Phillips_Joanne_SoS_Decision.pdf-my decision. ./Phillips_Joanne_SoS_Decision.pdf- ./Phillips_Joanne_SoS_Decision.pdf-I have gone on to consider the extent to which a prohibition order would maintain public ./Phillips_Joanne_SoS_Decision.pdf-confidence in the profession. The panel observe, “In the light of the panel’s findings ./Phillips_Joanne_SoS_Decision.pdf-against Mrs Phillips, which involved findings that she engaged in an inappropriate and ./Phillips_Joanne_SoS_Decision.pdf:sexual relationship with a pupil, there was a strong public interest consideration, ./Phillips_Joanne_SoS_Decision.pdf-especially as regards the need to ensure the protection of pupils”. ./Phillips_Joanne_SoS_Decision.pdf- ./Phillips_Joanne_SoS_Decision.pdf-I have had to consider that the public has a high expectation of professional standards of ./Phillips_Joanne_SoS_Decision.pdf-all teachers and that the public might regard a failure to impose a prohibition order as a ./Phillips_Joanne_SoS_Decision.pdf-failure to uphold those high standards. In weighing these considerations, I have had to ./Phillips_Joanne_SoS_Decision.pdf-consider the matter from the point of view of an “ordinary intelligent and well-informed ./Phillips_Joanne_SoS_Decision.pdf-citizen.” ./Phillips_Joanne_SoS_Decision.pdf- ./Phillips_Joanne_SoS_Decision.pdf- ./Phillips_Joanne_SoS_Decision.pdf- 18 -- ./Phillips_Joanne_SoS_Decision.pdf-and the panel comment “The panel took note of the fact that there were no previous ./Phillips_Joanne_SoS_Decision.pdf-findings against Mrs Phillips, and thus treated her as a person of good character. There ./Phillips_Joanne_SoS_Decision.pdf-was evidence that she had a successful teaching record”. A prohibition order would ./Phillips_Joanne_SoS_Decision.pdf-prevent Mrs Phillips from teaching. A prohibition order would also clearly deprive the ./Phillips_Joanne_SoS_Decision.pdf-public of her contribution to the profession for the period that it is in force. ./Phillips_Joanne_SoS_Decision.pdf- ./Phillips_Joanne_SoS_Decision.pdf-In this case, I have placed considerable weight on the panel’s comments “There was no ./Phillips_Joanne_SoS_Decision.pdf-evidence that Mrs Phillips was acting under duress, or that her actions in relation to the ./Phillips_Joanne_SoS_Decision.pdf-relationship with Child A were not deliberate. On the contrary, the letter and text ./Phillips_Joanne_SoS_Decision.pdf-messages (allegations 1 g) and i)) confim that Mrs Phillips' actions were premeditated, ./Phillips_Joanne_SoS_Decision.pdf:and she intended to continue a sexual relationship with Child A”. ./Phillips_Joanne_SoS_Decision.pdf- ./Phillips_Joanne_SoS_Decision.pdf-In addition I have also given considerable weight to the fact that Mrs Phillips was focused ./Phillips_Joanne_SoS_Decision.pdf-on her own needs and there was very little evidence presented that considered the ./Phillips_Joanne_SoS_Decision.pdf-impact of her actions on Child A, who she was aware was a vulnerable child. ./Phillips_Joanne_SoS_Decision.pdf- ./Phillips_Joanne_SoS_Decision.pdf-I have given less weight in my consideration of sanction therefore, to the contribution that ./Phillips_Joanne_SoS_Decision.pdf-Mrs Phillips has made to the profession. In my view, it is necessary to impose a ./Phillips_Joanne_SoS_Decision.pdf-prohibition order in order to maintain public confidence in the profession. A published ./Phillips_Joanne_SoS_Decision.pdf-decision, in light of the circumstances in this case, that is not backed up by remorse or ./Phillips_Joanne_SoS_Decision.pdf-insight, does not in my view satisfy the public interest requirement concerning public ./Phillips_Joanne_SoS_Decision.pdf-confidence in the profession. ./Phillips_Joanne_SoS_Decision.pdf- ./Phillips_Joanne_SoS_Decision.pdf-For these reasons, I have concluded that a prohibition order is proportionate and in the ./Phillips_Joanne_SoS_Decision.pdf-public interest in order to achieve the intended aims of a prohibition order. ./Phillips_Joanne_SoS_Decision.pdf- ./Phillips_Joanne_SoS_Decision.pdf-I have gone on to consider the matter of a review period. In this case, the panel has ./Phillips_Joanne_SoS_Decision.pdf-recommended that no provision should be made for a review period. ./Phillips_Joanne_SoS_Decision.pdf- ./Phillips_Joanne_SoS_Decision.pdf-I have considered the panel’s comments “The Advice indicates that there are behaviours ./Phillips_Joanne_SoS_Decision.pdf-that, if proved, would militate against the recommendation of a review period. These ./Phillips_Joanne_SoS_Decision.pdf:behaviours include serious sexual misconduct, such as where the act was sexually ./Phillips_Joanne_SoS_Decision.pdf-motivated and resulted in, or had the potential to result in, harm to a person or persons, ./Phillips_Joanne_SoS_Decision.pdf-particularly where the individual has used his or her professional position to influence or ./Phillips_Joanne_SoS_Decision.pdf-exploit a person” and “The panel found that Mrs Phillips was responsible for such ./Phillips_Joanne_SoS_Decision.pdf-behaviours, and these militate against a recommendation for a review period being set.” ./Phillips_Joanne_SoS_Decision.pdf- ./Phillips_Joanne_SoS_Decision.pdf-I have considered whether not allowing for a review period reflects the seriousness of the ./Phillips_Joanne_SoS_Decision.pdf-findings and is a proportionate period to achieve the aim of maintaining public confidence ./Phillips_Joanne_SoS_Decision.pdf- 19 ./Phillips_Joanne_SoS_Decision.pdf- -- ./Phillips_Joanne_SoS_Decision.pdf-in the profession. In this case, a number of factors mean that a two-year review period is ./Phillips_Joanne_SoS_Decision.pdf-not sufficient to achieve the aim of maintaining public confidence in the profession. These ./Phillips_Joanne_SoS_Decision.pdf:elements are pursuing a sexual relationship with a vulnerable child and the lack of either ./Phillips_Joanne_SoS_Decision.pdf-insight or remorse. ./Phillips_Joanne_SoS_Decision.pdf- ./Phillips_Joanne_SoS_Decision.pdf-I consider therefore that allowing for no review period is necessary to maintain public ./Phillips_Joanne_SoS_Decision.pdf-confidence and is proportionate and in the public interest. ./Phillips_Joanne_SoS_Decision.pdf- ./Phillips_Joanne_SoS_Decision.pdf-This means that Mrs Joanne Phillips is prohibited from teaching indefinitely and ./Phillips_Joanne_SoS_Decision.pdf-cannot teach in any school, sixth form college, relevant youth accommodation or ./Phillips_Joanne_SoS_Decision.pdf-children’s home in England. Furthermore, in view of the seriousness of the allegations ./Phillips_Joanne_SoS_Decision.pdf-found proved against her, I have decided that Mrs Phillips shall not be entitled to apply ./Phillips_Joanne_SoS_Decision.pdf-for restoration of her eligibility to teach. ./POOLE_John_web_decision.pdf-3. Kissed her on the occasion of his last meeting with her; and ./POOLE_John_web_decision.pdf- ./POOLE_John_web_decision.pdf:4. In doing 1 to 3 above, his behaviour was sexually motivated. ./POOLE_John_web_decision.pdf- ./POOLE_John_web_decision.pdf-Mr Poole admitted the facts and admitted that such facts amounted to unacceptable ./POOLE_John_web_decision.pdf-professional conduct and conduct that may bring the profession into disrepute. ./POOLE_John_web_decision.pdf- ./POOLE_John_web_decision.pdf-Mr Poole had requested that the allegations be considered without a hearing. ./POOLE_John_web_decision.pdf- ./POOLE_John_web_decision.pdf- ./POOLE_John_web_decision.pdf-C. Summary of evidence ./POOLE_John_web_decision.pdf- ./POOLE_John_web_decision.pdf-Documents -- ./POOLE_John_web_decision.pdf- ./POOLE_John_web_decision.pdf-2. Arranged to meet her at coffee shops in the Lancashire area; ./POOLE_John_web_decision.pdf- ./POOLE_John_web_decision.pdf-3. Kissed her on the occasion of your last meeting with her; ./POOLE_John_web_decision.pdf- ./POOLE_John_web_decision.pdf- Our reason for finding the allegation and particulars 1 to 3 above proved was on ./POOLE_John_web_decision.pdf- the basis that they were admitted by Mr Poole. We had also read the Statement of ./POOLE_John_web_decision.pdf- Agreed Facts which was consistent with the other evidence in the case papers to ./POOLE_John_web_decision.pdf- include the account provided by Pupil A. ./POOLE_John_web_decision.pdf- ./POOLE_John_web_decision.pdf:4. In doing 1 to 3 above, your behaviour was sexually motivated. ./POOLE_John_web_decision.pdf- ./POOLE_John_web_decision.pdf- The reason for finding this particular proved was based on the admissions made ./POOLE_John_web_decision.pdf- by Mr Poole and the fact that such an admission was included in the Agreed ./POOLE_John_web_decision.pdf- Statement of Facts. However, in its judgment, the panel was not satisfied that, ./POOLE_John_web_decision.pdf- when Mr Poole and Pupil A exchanged personal mobile numbers, this was ./POOLE_John_web_decision.pdf: sexually motivated on the part of Mr Poole but was satisfied that the facts ./POOLE_John_web_decision.pdf: particularised at paragraphs 2 and 3 above were sexually motivated. ./POOLE_John_web_decision.pdf- ./POOLE_John_web_decision.pdf-Findings as to unacceptable professional conduct and/or ./POOLE_John_web_decision.pdf-conduct that may bring the profession into disrepute ./POOLE_John_web_decision.pdf- ./POOLE_John_web_decision.pdf-The panel was satisfied that the allegation and particulars found proved represented ./POOLE_John_web_decision.pdf-misconduct of a serious nature, falling significantly short of the standard of behaviour ./POOLE_John_web_decision.pdf-expected of a teacher. Consequently, the panel found Mr Poole guilty of unacceptable ./POOLE_John_web_decision.pdf-professional conduct and of conduct that may bring the profession into disrepute. ./POOLE_John_web_decision.pdf- ./POOLE_John_web_decision.pdf- 5 -- ./POOLE_John_web_decision.pdf-particularly, and adversely, affected by his conduct. The panel also concluded that his ./POOLE_John_web_decision.pdf-conduct had damaged the reputation of the profession. Teachers must behave as role ./POOLE_John_web_decision.pdf-models and it was critical that they observe proper boundaries with pupils at all times. ./POOLE_John_web_decision.pdf- ./POOLE_John_web_decision.pdf-The panel concluded that the proportionate and appropriate outcome was for it to ./POOLE_John_web_decision.pdf-recommend to the Secretary of State that a prohibition order should be imposed. Mr ./POOLE_John_web_decision.pdf:Poole had admitted, and the panel had found, that his behaviour was sexually motivated. ./POOLE_John_web_decision.pdf:Whilst the sexual conduct did not fall into the most severe of categories, any such finding ./POOLE_John_web_decision.pdf-was always very serious. ./POOLE_John_web_decision.pdf- ./POOLE_John_web_decision.pdf-The panel went on to consider whether Mr Poole should be permitted to apply for the ./POOLE_John_web_decision.pdf-prohibition order to be set aside after a certain period. ./POOLE_John_web_decision.pdf- ./POOLE_John_web_decision.pdf-On balance, the panel recommended that, taking account of the nature and seriousness ./POOLE_John_web_decision.pdf-of the conduct giving rise to the allegations and on the basis of all of the circumstances ./POOLE_John_web_decision.pdf-and reasons outlined above, Mr Poole should be permitted to apply for the prohibition ./POOLE_John_web_decision.pdf-order to be set aside after a period of 2 years has elapsed. ./POOLE_John_web_decision.pdf- -- ./POOLE_John_web_decision.pdf- ./POOLE_John_web_decision.pdf-To demonstrate consistently high standards of personal and professional conduct; ./POOLE_John_web_decision.pdf- ./POOLE_John_web_decision.pdf-To observe proper boundaries appropriate to his position as a teacher; and ./POOLE_John_web_decision.pdf- ./POOLE_John_web_decision.pdf-To have regard for the need to safeguard Pupil A’s wellbeing particularly bearing in mind ./POOLE_John_web_decision.pdf-the vulnerability of Pupil A. ./POOLE_John_web_decision.pdf- ./POOLE_John_web_decision.pdf-I have noted that the panel took into account that Mr Poole had admitted his misconduct ./POOLE_John_web_decision.pdf-and had shown some level of remorse. He was previously of good character. ./POOLE_John_web_decision.pdf:Nonetheless, the panel did find that his behaviour was sexually motivated. Whilst the ./POOLE_John_web_decision.pdf:sexual conduct did not fall into the most severe of categories, any such finding is always ./POOLE_John_web_decision.pdf-very serious. ./POOLE_John_web_decision.pdf- ./POOLE_John_web_decision.pdf-I have considered carefully the panel recommendation that, taking account of the nature ./POOLE_John_web_decision.pdf-and seriousness of the conduct giving rise to the allegations and on the basis of all of the ./POOLE_John_web_decision.pdf-circumstances and reasons outlined, Mr Poole should be permitted to apply for the ./POOLE_John_web_decision.pdf-prohibition order to be set aside after a period of 2 years has elapsed. ./POOLE_John_web_decision.pdf- ./POOLE_John_web_decision.pdf- ./POOLE_John_web_decision.pdf- 7 ./POOLE_John_web_decision.pdf- ./Preston__A_14243_SoS_decision__AMENDED_.pdf-B. Allegations ./Preston__A_14243_SoS_decision__AMENDED_.pdf-The panel considered the allegation set out in the Notice of Proceedings dated 19 June ./Preston__A_14243_SoS_decision__AMENDED_.pdf-2015 which was amended with the consent of both parties. ./Preston__A_14243_SoS_decision__AMENDED_.pdf- ./Preston__A_14243_SoS_decision__AMENDED_.pdf-It was alleged that Dr Andrew Preston was guilty of unacceptable professional conduct ./Preston__A_14243_SoS_decision__AMENDED_.pdf-and/or conduct that may bring the profession into disrepute in that, he: ./Preston__A_14243_SoS_decision__AMENDED_.pdf- ./Preston__A_14243_SoS_decision__AMENDED_.pdf: 1. Engaged in highly sexualised language in one or more of his Skype conversations ./Preston__A_14243_SoS_decision__AMENDED_.pdf- in respect of young teenage girls; ./Preston__A_14243_SoS_decision__AMENDED_.pdf- ./Preston__A_14243_SoS_decision__AMENDED_.pdf: 2. His conduct set out in paragraph 1 was sexually motivated. ./Preston__A_14243_SoS_decision__AMENDED_.pdf- ./Preston__A_14243_SoS_decision__AMENDED_.pdf-Dr Andrew Preston admitted Particular 1 of the allegation in relation to one Skype ./Preston__A_14243_SoS_decision__AMENDED_.pdf-conversation only. He denied Particular 2. ./Preston__A_14243_SoS_decision__AMENDED_.pdf- ./Preston__A_14243_SoS_decision__AMENDED_.pdf-Dr Andrew Preston did not admit unacceptable professional conduct and/or conduct that ./Preston__A_14243_SoS_decision__AMENDED_.pdf-may bring the profession into disrepute. ./Preston__A_14243_SoS_decision__AMENDED_.pdf- ./Preston__A_14243_SoS_decision__AMENDED_.pdf- ./Preston__A_14243_SoS_decision__AMENDED_.pdf-C. Preliminary applications ./Preston__A_14243_SoS_decision__AMENDED_.pdf-The panel considered an application made by the teacher's Counsel that the hearing -- ./Preston__A_14243_SoS_decision__AMENDED_.pdf- ./Preston__A_14243_SoS_decision__AMENDED_.pdf-We have carefully considered the case before us and have reached a decision. ./Preston__A_14243_SoS_decision__AMENDED_.pdf- ./Preston__A_14243_SoS_decision__AMENDED_.pdf-We confirm that we have read all the documents provided in the bundle in advance of the ./Preston__A_14243_SoS_decision__AMENDED_.pdf-hearing and the additional bundle marked "A" provided at the commencement of the ./Preston__A_14243_SoS_decision__AMENDED_.pdf-hearing. ./Preston__A_14243_SoS_decision__AMENDED_.pdf- ./Preston__A_14243_SoS_decision__AMENDED_.pdf-The case concerns conversations in which Dr Preston – a secondary school Maths ./Preston__A_14243_SoS_decision__AMENDED_.pdf-teacher - was involved, made over the Internet using Skype. In particular the National ./Preston__A_14243_SoS_decision__AMENDED_.pdf-College rely on a conversation which occurred in October 2013 between Dr Preston and ./Preston__A_14243_SoS_decision__AMENDED_.pdf:another person identified only as "[redacted]” in which sexual activity between teenage ./Preston__A_14243_SoS_decision__AMENDED_.pdf:girls and "lads" was discussed in graphic and sexualised terms. Dr Preston used his own ./Preston__A_14243_SoS_decision__AMENDED_.pdf-mobile phone from his home address late in the evening, unbeknown to other members ./Preston__A_14243_SoS_decision__AMENDED_.pdf-of his family. He was not aware of the true identity of the other party and towards the end ./Preston__A_14243_SoS_decision__AMENDED_.pdf-of the discussion, which lasted over 40 minutes, he indicated that he intended to go and ./Preston__A_14243_SoS_decision__AMENDED_.pdf-masturbate. He did not identify himself as a teacher. The conversation took place in ./Preston__A_14243_SoS_decision__AMENDED_.pdf-October 2013 when he was in the process of moving schools. The full text of the ./Preston__A_14243_SoS_decision__AMENDED_.pdf-conversation is set out in the case papers and is accepted by Dr Preston. ./Preston__A_14243_SoS_decision__AMENDED_.pdf- ./Preston__A_14243_SoS_decision__AMENDED_.pdf-Some 7 months later, in May 2014, Dr Preston was arrested by West Yorkshire Police ./Preston__A_14243_SoS_decision__AMENDED_.pdf-on suspicion of attempting to possess an indecent image of a child, believed to have ./Preston__A_14243_SoS_decision__AMENDED_.pdf-been sent to him by the other party with whom he had conversed in October the previous -- ./Preston__A_14243_SoS_decision__AMENDED_.pdf-from the indecent image. This is because no indecent images had been located by the ./Preston__A_14243_SoS_decision__AMENDED_.pdf-police on examination of various items of equipment seized from his home when he was ./Preston__A_14243_SoS_decision__AMENDED_.pdf-arrested. He was, thus, told that no further action would be taken against him by the ./Preston__A_14243_SoS_decision__AMENDED_.pdf-police as a result of the enquiry. ./Preston__A_14243_SoS_decision__AMENDED_.pdf- ./Preston__A_14243_SoS_decision__AMENDED_.pdf-Dr Preston accepts the fact of his involvement in the one Skype conversation set out ./Preston__A_14243_SoS_decision__AMENDED_.pdf:above and admits that it contained highly sexualised language. He denies being involved ./Preston__A_14243_SoS_decision__AMENDED_.pdf-in any other similar conversations about young girls. He says he has no interest in young ./Preston__A_14243_SoS_decision__AMENDED_.pdf-girls at all and the conversation was simply silliness, banter, a benign fantasy. He says ./Preston__A_14243_SoS_decision__AMENDED_.pdf-that his involvement in the conversation was motivated by a desire to see if there was ./Preston__A_14243_SoS_decision__AMENDED_.pdf-something he could do for the other person – to try and assist him. He denies particular 2 ./Preston__A_14243_SoS_decision__AMENDED_.pdf:and says there was no sexual motivation in his engagement in the conversation. He ./Preston__A_14243_SoS_decision__AMENDED_.pdf-asserts that he does not represent any sort of danger or risk to teenage girls or students ./Preston__A_14243_SoS_decision__AMENDED_.pdf-and that assertion is supported by an assessment prepared by a consultant psychiatrist ./Preston__A_14243_SoS_decision__AMENDED_.pdf-which is exhibited in the case papers. He speaks of his absolute commitment to teaching ./Preston__A_14243_SoS_decision__AMENDED_.pdf-and says he will never again become involved in chat rooms with others over the internet. ./Preston__A_14243_SoS_decision__AMENDED_.pdf-He very much regrets what has happened. ./Preston__A_14243_SoS_decision__AMENDED_.pdf- ./Preston__A_14243_SoS_decision__AMENDED_.pdf- ./Preston__A_14243_SoS_decision__AMENDED_.pdf- ./Preston__A_14243_SoS_decision__AMENDED_.pdf-Findings of fact ./Preston__A_14243_SoS_decision__AMENDED_.pdf-Our findings of fact are as follows: ./Preston__A_14243_SoS_decision__AMENDED_.pdf- ./Preston__A_14243_SoS_decision__AMENDED_.pdf-We have found the following particulars of the allegation against Dr Andrew Preston ./Preston__A_14243_SoS_decision__AMENDED_.pdf-proven, for these reasons: ./Preston__A_14243_SoS_decision__AMENDED_.pdf- ./Preston__A_14243_SoS_decision__AMENDED_.pdf: 1. Engaged in highly sexualised language in one or more of his Skype ./Preston__A_14243_SoS_decision__AMENDED_.pdf- conversations in respect of young teenage girls; ./Preston__A_14243_SoS_decision__AMENDED_.pdf- ./Preston__A_14243_SoS_decision__AMENDED_.pdf-Dr Preston has admitted this particular in relation only to the Skype conversation which ./Preston__A_14243_SoS_decision__AMENDED_.pdf-occurred with the individual known as [redacted] on 3 October 2013. That conversation is ./Preston__A_14243_SoS_decision__AMENDED_.pdf-recorded in a document prepared by Dr Preston exhibited at pp 231-2 of the case ./Preston__A_14243_SoS_decision__AMENDED_.pdf-papers. There is a very brief and entirely unexceptional exchange between the two same ./Preston__A_14243_SoS_decision__AMENDED_.pdf-parties which was initiated by Dr Preston on 3 November 2013 and is also recorded at ./Preston__A_14243_SoS_decision__AMENDED_.pdf-p232 of the case papers. Other than these two conversations there is no record of any ./Preston__A_14243_SoS_decision__AMENDED_.pdf-other similar discussion about young teenage girls occurring which involved Dr Preston. ./Preston__A_14243_SoS_decision__AMENDED_.pdf- -- ./Preston__A_14243_SoS_decision__AMENDED_.pdf-The panel has considered the responses made by Dr Preston in answer to questions put ./Preston__A_14243_SoS_decision__AMENDED_.pdf-to him by the police. The relevant responses are set out in the second interview on the ./Preston__A_14243_SoS_decision__AMENDED_.pdf-afternoon of his arrest which took place three hours after the first. Dr Preston would ./Preston__A_14243_SoS_decision__AMENDED_.pdf-therefore have had some time to think about his position. The section of the interview ./Preston__A_14243_SoS_decision__AMENDED_.pdf-which is relevant to this particular is set out at pp 24, 25, 26, 30, 31 and 32 of document ./Preston__A_14243_SoS_decision__AMENDED_.pdf-A. It appears that Dr Preston sought to evade a significant number of the questions put to ./Preston__A_14243_SoS_decision__AMENDED_.pdf-him. However, he acknowledged that the notion of persons between the ages of 13 – 18 ./Preston__A_14243_SoS_decision__AMENDED_.pdf:years having sex interested him. When asked whether he discussed people having sex ./Preston__A_14243_SoS_decision__AMENDED_.pdf-under the age of 16 "with other people". He replied “I might have discussed the thought of ./Preston__A_14243_SoS_decision__AMENDED_.pdf-them masturbating …..." On being asked whether he masturbated whilst talking about ./Preston__A_14243_SoS_decision__AMENDED_.pdf-these subjects he replied "A little bit.". He went on to acknowledge that he ./Preston__A_14243_SoS_decision__AMENDED_.pdf-communicated through chat rooms with 20 or 30 people "about these subjects." ./Preston__A_14243_SoS_decision__AMENDED_.pdf- ./Preston__A_14243_SoS_decision__AMENDED_.pdf-The panel is therefore satisfied on the balance of probabilities that there were more ./Preston__A_14243_SoS_decision__AMENDED_.pdf-occasions when Dr Preston engaged in the sort of discussions over the Internet covered ./Preston__A_14243_SoS_decision__AMENDED_.pdf-by this particular and it is proved. The extent and detail in the answers he gave to West ./Preston__A_14243_SoS_decision__AMENDED_.pdf-Yorkshire Police on 14 May 2014 allow the panel to reasonably conclude, without room ./Preston__A_14243_SoS_decision__AMENDED_.pdf-for mistake or confusion, that Dr Preston engaged in more than one such conversation. ./Preston__A_14243_SoS_decision__AMENDED_.pdf- ./Preston__A_14243_SoS_decision__AMENDED_.pdf: 2. His conduct set out in paragraph 1 was sexually motivated. ./Preston__A_14243_SoS_decision__AMENDED_.pdf- ./Preston__A_14243_SoS_decision__AMENDED_.pdf-The panel has, firstly, given careful consideration to the agreed transcript of the Skype ./Preston__A_14243_SoS_decision__AMENDED_.pdf-conversation on 3 October 2013 prepared by Dr Preston at pp 231-2. It establishes that ./Preston__A_14243_SoS_decision__AMENDED_.pdf-the teacher initiated the contact with [redacted]. He opens the conversation by saying ./Preston__A_14243_SoS_decision__AMENDED_.pdf:"Cool 47m UK love to chat a.bout wankin n sex." The conversation that follows is graphic ./Preston__A_14243_SoS_decision__AMENDED_.pdf-and gives no indication at all that – despite his claims to the contrary – Dr Preston was in ./Preston__A_14243_SoS_decision__AMENDED_.pdf-any sense a reluctant participant in the dialogue. Many of the more depraved comments ./Preston__A_14243_SoS_decision__AMENDED_.pdf-were made by him. The conversation is not a brief exchange as it lasts for 45 minutes. At ./Preston__A_14243_SoS_decision__AMENDED_.pdf-the end of the conversation Dr Preston writes "Gonna have to go to bed nwank now ./Preston__A_14243_SoS_decision__AMENDED_.pdf:keep in touch ok" There can be no doubt the dialogue is sexual in nature. ./Preston__A_14243_SoS_decision__AMENDED_.pdf- ./Preston__A_14243_SoS_decision__AMENDED_.pdf-Dr Preston told the hearing that this conversation was nothing more than a benign ./Preston__A_14243_SoS_decision__AMENDED_.pdf-fantasy in that there was no intention on his part that he would actually behave towards ./Preston__A_14243_SoS_decision__AMENDED_.pdf-young teens in the way discussed. He said that it was merely banter and silliness and ./Preston__A_14243_SoS_decision__AMENDED_.pdf:thus he denies being sexually motivated in participating as he did. ./Preston__A_14243_SoS_decision__AMENDED_.pdf- ./Preston__A_14243_SoS_decision__AMENDED_.pdf-Further he also suggested that he kept the conversation going as he soon became ./Preston__A_14243_SoS_decision__AMENDED_.pdf-concerned about the respondent and was trying to "get into his head" as he thought the ./Preston__A_14243_SoS_decision__AMENDED_.pdf-man was capable of doing something serious. He says he was seeking to act as a ./Preston__A_14243_SoS_decision__AMENDED_.pdf-counsellor towards him but acknowledged that what he did was wholly inconsistent with ./Preston__A_14243_SoS_decision__AMENDED_.pdf-the safeguarding training he had received since 2006 and his obligation to report his ./Preston__A_14243_SoS_decision__AMENDED_.pdf-concerns – something he failed to do. ./Preston__A_14243_SoS_decision__AMENDED_.pdf- ./Preston__A_14243_SoS_decision__AMENDED_.pdf-The panel found that the totality of the evidence it heard and read demonstrated that Dr ./Preston__A_14243_SoS_decision__AMENDED_.pdf-Preston had developed this explanation over the many months after the conversation had -- ./Preston__A_14243_SoS_decision__AMENDED_.pdf-Dr Preston is clearly an experienced teacher with excellent academic credentials. ./Preston__A_14243_SoS_decision__AMENDED_.pdf-However, the panel found Dr Preston not to be a credible witness. He was evasive in ./Preston__A_14243_SoS_decision__AMENDED_.pdf-giving answers at the hearing, often preferring to answer a different question than the ./Preston__A_14243_SoS_decision__AMENDED_.pdf-one actually put to him. His evidence was not straightforward and the panel judged much ./Preston__A_14243_SoS_decision__AMENDED_.pdf-of what he said to be contradictory, implausible and unsettling. ./Preston__A_14243_SoS_decision__AMENDED_.pdf- ./Preston__A_14243_SoS_decision__AMENDED_.pdf-The panel noted the following- ./Preston__A_14243_SoS_decision__AMENDED_.pdf- ./Preston__A_14243_SoS_decision__AMENDED_.pdf-In answers to his own counsel in re-examination Dr Preston said ./Preston__A_14243_SoS_decision__AMENDED_.pdf- ./Preston__A_14243_SoS_decision__AMENDED_.pdf:- at the outset (of the Skype conversation with [redacted]) he thought he would get sexual ./Preston__A_14243_SoS_decision__AMENDED_.pdf-gratification ./Preston__A_14243_SoS_decision__AMENDED_.pdf- ./Preston__A_14243_SoS_decision__AMENDED_.pdf:- he had hoped it would lead to a routine solitary sexual experience (from which the panel ./Preston__A_14243_SoS_decision__AMENDED_.pdf-concludes he meant masturbation) ./Preston__A_14243_SoS_decision__AMENDED_.pdf- ./Preston__A_14243_SoS_decision__AMENDED_.pdf-The panel also notes that, according to Individual A, the Consultant Psychiatrist, Dr ./Preston__A_14243_SoS_decision__AMENDED_.pdf-Preston told him “that he was aware that boys and girls of the same age as his daughter ./Preston__A_14243_SoS_decision__AMENDED_.pdf:would have sexual contact and this he found horrifying but also fascinating." ./Preston__A_14243_SoS_decision__AMENDED_.pdf- ./Preston__A_14243_SoS_decision__AMENDED_.pdf-For these reasons the panel rejects Dr Preston's claim that his continuance of the Skype ./Preston__A_14243_SoS_decision__AMENDED_.pdf-conversation with [redacted] had some sort of safeguarding purpose or motivation. The ./Preston__A_14243_SoS_decision__AMENDED_.pdf:contact was initiated with the expectation that it would lead to sexual gratification and ./Preston__A_14243_SoS_decision__AMENDED_.pdf-ended with the declaration made by the teacher that he was going to masturbate. The ./Preston__A_14243_SoS_decision__AMENDED_.pdf-discussion itself is consistent with the two participants exchanging lurid and graphic ./Preston__A_14243_SoS_decision__AMENDED_.pdf-observations principally designed to excite each other. The panel further rejects the ./Preston__A_14243_SoS_decision__AMENDED_.pdf-teacher's claim that his engagement in this "fantasy" was benign in that the fantasy ./Preston__A_14243_SoS_decision__AMENDED_.pdf:existed only in his head and that, thus, the conversation was not sexually motivated. It is ./Preston__A_14243_SoS_decision__AMENDED_.pdf-not a distinction the panel understands or recognises. ./Preston__A_14243_SoS_decision__AMENDED_.pdf- ./Preston__A_14243_SoS_decision__AMENDED_.pdf-The panel also takes account of its finding under particular 1 that this was not an isolated ./Preston__A_14243_SoS_decision__AMENDED_.pdf-and unique internet discussion but these sort of conversations featured more regularly in ./Preston__A_14243_SoS_decision__AMENDED_.pdf-his home life than Dr Preston has been prepared to accept at this hearing. For all these ./Preston__A_14243_SoS_decision__AMENDED_.pdf-reasons the panel is satisfied that this particular is proven on the balance of probabilities. ./Preston__A_14243_SoS_decision__AMENDED_.pdf- ./Preston__A_14243_SoS_decision__AMENDED_.pdf- ./Preston__A_14243_SoS_decision__AMENDED_.pdf- ./Preston__A_14243_SoS_decision__AMENDED_.pdf- -- ./Preston__A_14243_SoS_decision__AMENDED_.pdf-In doing so, the panel has had regard to the document Teacher Misconduct: The ./Preston__A_14243_SoS_decision__AMENDED_.pdf-Prohibition of Teachers, which the panel refers to as “the Advice”. ./Preston__A_14243_SoS_decision__AMENDED_.pdf- ./Preston__A_14243_SoS_decision__AMENDED_.pdf-The panel recognises and accepts that the activity which is the subject of this case ./Preston__A_14243_SoS_decision__AMENDED_.pdf-occurred outside the education setting, involved equipment which belonged to Dr ./Preston__A_14243_SoS_decision__AMENDED_.pdf-Preston, and took place in the privacy of his own home. There is also no suggestion that ./Preston__A_14243_SoS_decision__AMENDED_.pdf-either the Sixth Form College where he was then employed or the school to which he ./Preston__A_14243_SoS_decision__AMENDED_.pdf-subsequently moved prior to his arrest by the police were aware of what he was doing. ./Preston__A_14243_SoS_decision__AMENDED_.pdf-There is no evidence of pupils being affected or harmed by his conduct. ./Preston__A_14243_SoS_decision__AMENDED_.pdf- ./Preston__A_14243_SoS_decision__AMENDED_.pdf:Nonetheless this case discloses sexual misconduct of a serious nature by a member of ./Preston__A_14243_SoS_decision__AMENDED_.pdf:the profession. It establishes that Dr Preston has an inappropriate sexual interest in ./Preston__A_14243_SoS_decision__AMENDED_.pdf-children of school age. That interest is, on the evidence, confined to activities within the ./Preston__A_14243_SoS_decision__AMENDED_.pdf-privacy of his own home but also gives rise to its overt expression on the internet and, in ./Preston__A_14243_SoS_decision__AMENDED_.pdf-this case, has found its way into the public domain. In his evidence Dr Preston seeks to ./Preston__A_14243_SoS_decision__AMENDED_.pdf-compartmentalise his behaviour but the panel is concerned both with the requirements of ./Preston__A_14243_SoS_decision__AMENDED_.pdf-the Teachers Standards and the legitimate expectations of employers, pupils, parents ./Preston__A_14243_SoS_decision__AMENDED_.pdf-and the general public. ./Preston__A_14243_SoS_decision__AMENDED_.pdf- ./Preston__A_14243_SoS_decision__AMENDED_.pdf-The Teachers Standards require teachers to demonstrate consistently high standards of ./Preston__A_14243_SoS_decision__AMENDED_.pdf-personal and professional conduct which includes upholding public trust in the profession ./Preston__A_14243_SoS_decision__AMENDED_.pdf-and maintaining high standards of ethics and behaviour, within and outside school. In the ./Preston__A_14243_SoS_decision__AMENDED_.pdf-panel's judgement Dr Preston has not done so and there can be few more damaging ./Preston__A_14243_SoS_decision__AMENDED_.pdf-considerations for a teacher than to assert, in the way that has occurred in this case, a ./Preston__A_14243_SoS_decision__AMENDED_.pdf:sexual interest in children of school age. ./Preston__A_14243_SoS_decision__AMENDED_.pdf- ./Preston__A_14243_SoS_decision__AMENDED_.pdf-The panel particularly noted, and shared, the reaction of the two character witnesses who ./Preston__A_14243_SoS_decision__AMENDED_.pdf-gave evidence in support of Dr Preston at the hearing. When each witness was ./Preston__A_14243_SoS_decision__AMENDED_.pdf-confronted, for the first time, with the precise details of the Skype conversation it was only ./Preston__A_14243_SoS_decision__AMENDED_.pdf-too obvious that both were shocked at the nature and detail of the exchange. ./Preston__A_14243_SoS_decision__AMENDED_.pdf- ./Preston__A_14243_SoS_decision__AMENDED_.pdf-The panel is therefore satisfied that members of the public would view with extreme ./Preston__A_14243_SoS_decision__AMENDED_.pdf-anxiety and concern the facts of this case... Accordingly the panel judges that this is a ./Preston__A_14243_SoS_decision__AMENDED_.pdf-case of both unacceptable professional conduct and conduct that may bring the ./Preston__A_14243_SoS_decision__AMENDED_.pdf-profession into disrepute. In making this finding the panel is satisfied that it reflects the -- ./Preston__A_14243_SoS_decision__AMENDED_.pdf- ./Preston__A_14243_SoS_decision__AMENDED_.pdf-The panel determines that Dr Preston's unacceptable conduct exhibits:- ./Preston__A_14243_SoS_decision__AMENDED_.pdf- ./Preston__A_14243_SoS_decision__AMENDED_.pdf-- A serious departure from the personal and professional conduct elements of the ./Preston__A_14243_SoS_decision__AMENDED_.pdf-Teachers' Standards ./Preston__A_14243_SoS_decision__AMENDED_.pdf- ./Preston__A_14243_SoS_decision__AMENDED_.pdf-- misconduct that has the potential to seriously affect the well-being of pupils ./Preston__A_14243_SoS_decision__AMENDED_.pdf- ./Preston__A_14243_SoS_decision__AMENDED_.pdf-- a deep seated attitude that leads to harmful behaviour ./Preston__A_14243_SoS_decision__AMENDED_.pdf- ./Preston__A_14243_SoS_decision__AMENDED_.pdf:- sexual misconduct ./Preston__A_14243_SoS_decision__AMENDED_.pdf- ./Preston__A_14243_SoS_decision__AMENDED_.pdf-The panel is further satisfied, partly from his response to this case, that Dr Preston has ./Preston__A_14243_SoS_decision__AMENDED_.pdf-no insight into the potentially harmful nature of his behaviour. He does not understand ./Preston__A_14243_SoS_decision__AMENDED_.pdf-the fact that his behaviour, given his professional position, was totally inappropriate. ./Preston__A_14243_SoS_decision__AMENDED_.pdf- ./Preston__A_14243_SoS_decision__AMENDED_.pdf-In light of the panel’s findings against Dr Preston the panel considers that public ./Preston__A_14243_SoS_decision__AMENDED_.pdf-confidence in the profession could be seriously weakened if conduct such as that found ./Preston__A_14243_SoS_decision__AMENDED_.pdf-against teacher were not treated with the utmost seriousness when regulating the ./Preston__A_14243_SoS_decision__AMENDED_.pdf-conduct of the profession. ./Preston__A_14243_SoS_decision__AMENDED_.pdf- -- ./Preston__A_14243_SoS_decision__AMENDED_.pdf-that a prohibition order should be imposed with immediate effect. ./Preston__A_14243_SoS_decision__AMENDED_.pdf- ./Preston__A_14243_SoS_decision__AMENDED_.pdf-The panel has gone on to consider whether or not it would be appropriate for it to decide ./Preston__A_14243_SoS_decision__AMENDED_.pdf-to recommend that a review period of the order should be considered. The panel is ./Preston__A_14243_SoS_decision__AMENDED_.pdf-mindful that the Advice confirms that a prohibition order applies for life, but there may be ./Preston__A_14243_SoS_decision__AMENDED_.pdf-circumstances in any given case that may make it appropriate to allow a teacher to apply ./Preston__A_14243_SoS_decision__AMENDED_.pdf-to have the prohibition order reviewed after a specified period of time that may not be ./Preston__A_14243_SoS_decision__AMENDED_.pdf-less than 2 years. ./Preston__A_14243_SoS_decision__AMENDED_.pdf- ./Preston__A_14243_SoS_decision__AMENDED_.pdf-The Advice indicates that there are behaviours that, if proven, would militate against a ./Preston__A_14243_SoS_decision__AMENDED_.pdf:review period being recommended. These behaviours include serious sexual ./Preston__A_14243_SoS_decision__AMENDED_.pdf:misconduct, such as in this case, since it involves a sexual interest in persons of school ./Preston__A_14243_SoS_decision__AMENDED_.pdf-age. The panel has also found that Dr Preston exhibits a lack of insight into his behaviour ./Preston__A_14243_SoS_decision__AMENDED_.pdf-and for those reasons the panel feels a review period would not be appropriate. As such, ./Preston__A_14243_SoS_decision__AMENDED_.pdf-the panel decides that it would be proportionate in all the circumstances for the ./Preston__A_14243_SoS_decision__AMENDED_.pdf-prohibition order to be recommended without provision for a review period. ./Preston__A_14243_SoS_decision__AMENDED_.pdf- ./Preston__A_14243_SoS_decision__AMENDED_.pdf-Decision and reasons on behalf of the Secretary of State ./Preston__A_14243_SoS_decision__AMENDED_.pdf- ./Preston__A_14243_SoS_decision__AMENDED_.pdf-I have given very careful consideration to the findings and recommendations of the panel ./Preston__A_14243_SoS_decision__AMENDED_.pdf-in this case. The panel has found the allegations proven, and judge that Dr Preston is ./Preston__A_14243_SoS_decision__AMENDED_.pdf-guilty of both unacceptable professional conduct and conduct that may bring the ./Preston__A_14243_SoS_decision__AMENDED_.pdf-profession into disrepute. ./Preston__A_14243_SoS_decision__AMENDED_.pdf- ./Preston__A_14243_SoS_decision__AMENDED_.pdf-Dr Preston was employed as a secondary school Maths teacher, at the time of the ./Preston__A_14243_SoS_decision__AMENDED_.pdf-allegations. I have noted the panel’s consideration that the activities in question occurred ./Preston__A_14243_SoS_decision__AMENDED_.pdf-outside the education setting, and that there is no evidence of pupils being affected or ./Preston__A_14243_SoS_decision__AMENDED_.pdf:harmed by Dr Preston’s conduct. However, this case discloses sexual misconduct of a ./Preston__A_14243_SoS_decision__AMENDED_.pdf-serious nature by a member of the profession. I agree with the panel that there can be ./Preston__A_14243_SoS_decision__AMENDED_.pdf- ./Preston__A_14243_SoS_decision__AMENDED_.pdf- ./Preston__A_14243_SoS_decision__AMENDED_.pdf- ./Preston__A_14243_SoS_decision__AMENDED_.pdf- 11 ./Preston__A_14243_SoS_decision__AMENDED_.pdf- -- ./Preston__A_14243_SoS_decision__AMENDED_.pdf-few more damaging considerations for a teacher than to assert, in the way that has ./Preston__A_14243_SoS_decision__AMENDED_.pdf:occurred in this case, a sexual interest in children of school age. ./Preston__A_14243_SoS_decision__AMENDED_.pdf- ./Preston__A_14243_SoS_decision__AMENDED_.pdf-I have considered the public interest in this case. Whilst the panel acknowledges that Dr ./Preston__A_14243_SoS_decision__AMENDED_.pdf-Preston has a previously good record as a teacher, I also note that the panel found Dr ./Preston__A_14243_SoS_decision__AMENDED_.pdf-Preston demonstrating a disrespectful and repellent attitude to young people. I agree with ./Preston__A_14243_SoS_decision__AMENDED_.pdf-the panel’s view that this is fundamentally inconsistent with him remaining a member of ./Preston__A_14243_SoS_decision__AMENDED_.pdf-the teaching profession, and that public confidence in the profession could be seriously ./Preston__A_14243_SoS_decision__AMENDED_.pdf-weakened if conduct such as Dr Preston’s was not treated with the utmost seriousness. ./Preston__A_14243_SoS_decision__AMENDED_.pdf- ./Preston__A_14243_SoS_decision__AMENDED_.pdf-The panel recommends that a prohibition order should be imposed. I agree with the ./Preston__A_14243_SoS_decision__AMENDED_.pdf-recommendation that prohibition is both appropriate and proportionate. ./Probert__Benedict_John_-_Web_Decision_-_7642453_-_29_May_2015.pdf- (a) gave Pupil A money on one or more occasions; ./Probert__Benedict_John_-_Web_Decision_-_7642453_-_29_May_2015.pdf- ./Probert__Benedict_John_-_Web_Decision_-_7642453_-_29_May_2015.pdf- (b) texted and called Pupil A on numerous occasions; ./Probert__Benedict_John_-_Web_Decision_-_7642453_-_29_May_2015.pdf- ./Probert__Benedict_John_-_Web_Decision_-_7642453_-_29_May_2015.pdf- (c) emailed Pupil A on numerous occasions; ./Probert__Benedict_John_-_Web_Decision_-_7642453_-_29_May_2015.pdf- ./Probert__Benedict_John_-_Web_Decision_-_7642453_-_29_May_2015.pdf- (d) met with Pupil A outside of school on one or more occasions. ./Probert__Benedict_John_-_Web_Decision_-_7642453_-_29_May_2015.pdf- ./Probert__Benedict_John_-_Web_Decision_-_7642453_-_29_May_2015.pdf:2. Engaged in an inappropriate sexual relationship with Pupil A shortly after she had ./Probert__Benedict_John_-_Web_Decision_-_7642453_-_29_May_2015.pdf- left the school, when Pupil A was aged between 16 to 18, and his conduct in this ./Probert__Benedict_John_-_Web_Decision_-_7642453_-_29_May_2015.pdf: regard was sexually motivated. ./Probert__Benedict_John_-_Web_Decision_-_7642453_-_29_May_2015.pdf- ./Probert__Benedict_John_-_Web_Decision_-_7642453_-_29_May_2015.pdf-Mr Probert admitted the alleged facts and also admitted that they amount to ./Probert__Benedict_John_-_Web_Decision_-_7642453_-_29_May_2015.pdf-unacceptable professional conduct/conduct that may bring the profession into disrepute. ./Probert__Benedict_John_-_Web_Decision_-_7642453_-_29_May_2015.pdf- ./Probert__Benedict_John_-_Web_Decision_-_7642453_-_29_May_2015.pdf- ./Probert__Benedict_John_-_Web_Decision_-_7642453_-_29_May_2015.pdf-C. Preliminary applications ./Probert__Benedict_John_-_Web_Decision_-_7642453_-_29_May_2015.pdf-None. ./Probert__Benedict_John_-_Web_Decision_-_7642453_-_29_May_2015.pdf- ./Probert__Benedict_John_-_Web_Decision_-_7642453_-_29_May_2015.pdf- ./Probert__Benedict_John_-_Web_Decision_-_7642453_-_29_May_2015.pdf-D. Summary of evidence -- ./Probert__Benedict_John_-_Web_Decision_-_7642453_-_29_May_2015.pdf-the school. It is further alleged that, during the course of the relationship, he gave Pupil A ./Probert__Benedict_John_-_Web_Decision_-_7642453_-_29_May_2015.pdf-money, including on one occasion the sum of £30.00. ./Probert__Benedict_John_-_Web_Decision_-_7642453_-_29_May_2015.pdf- ./Probert__Benedict_John_-_Web_Decision_-_7642453_-_29_May_2015.pdf-Mr Probert exchanged text messages with Pupil A using a personal mobile phone and ./Probert__Benedict_John_-_Web_Decision_-_7642453_-_29_May_2015.pdf-telephoned her on numerous occasions. Mr Probert also exchanged email messages ./Probert__Benedict_John_-_Web_Decision_-_7642453_-_29_May_2015.pdf-with Pupil A using a personal email address. It is alleged that the content of the ./Probert__Benedict_John_-_Web_Decision_-_7642453_-_29_May_2015.pdf-communications with Pupil was highly personal in nature. It is further alleged that Mr ./Probert__Benedict_John_-_Web_Decision_-_7642453_-_29_May_2015.pdf-Probert met with Pupil A on one or more occasions whilst she was still a pupil at the ./Probert__Benedict_John_-_Web_Decision_-_7642453_-_29_May_2015.pdf-school and that this included walking a dog together. Finally, it is alleged that, at some ./Probert__Benedict_John_-_Web_Decision_-_7642453_-_29_May_2015.pdf-point after Pupil A left the school at the end of Year 11, and when Pupil A was at least 16 ./Probert__Benedict_John_-_Web_Decision_-_7642453_-_29_May_2015.pdf:years old, their relationship became sexual in nature. This included allowing Pupil A to ./Probert__Benedict_John_-_Web_Decision_-_7642453_-_29_May_2015.pdf-stay overnight at his home address and, on one or more occasions staying at a hotel with ./Probert__Benedict_John_-_Web_Decision_-_7642453_-_29_May_2015.pdf-her. ./Probert__Benedict_John_-_Web_Decision_-_7642453_-_29_May_2015.pdf- ./Probert__Benedict_John_-_Web_Decision_-_7642453_-_29_May_2015.pdf-Findings of fact ./Probert__Benedict_John_-_Web_Decision_-_7642453_-_29_May_2015.pdf-Our findings of fact are as follows: ./Probert__Benedict_John_-_Web_Decision_-_7642453_-_29_May_2015.pdf- ./Probert__Benedict_John_-_Web_Decision_-_7642453_-_29_May_2015.pdf-Whilst employed as a teacher at a school in the South West of England, he: ./Probert__Benedict_John_-_Web_Decision_-_7642453_-_29_May_2015.pdf- ./Probert__Benedict_John_-_Web_Decision_-_7642453_-_29_May_2015.pdf-1. Abused his position of trust as a teacher by engaging in an inappropriate ./Probert__Benedict_John_-_Web_Decision_-_7642453_-_29_May_2015.pdf- relationship with Pupil A whilst she was aged between 14 to 16 years old in ./Probert__Benedict_John_-_Web_Decision_-_7642453_-_29_May_2015.pdf- that he: ./Probert__Benedict_John_-_Web_Decision_-_7642453_-_29_May_2015.pdf- ./Probert__Benedict_John_-_Web_Decision_-_7642453_-_29_May_2015.pdf- (a) gave Pupil A money on one or more occasions; ./Probert__Benedict_John_-_Web_Decision_-_7642453_-_29_May_2015.pdf- ./Probert__Benedict_John_-_Web_Decision_-_7642453_-_29_May_2015.pdf- (b) texted and called Pupil A on numerous occasions; ./Probert__Benedict_John_-_Web_Decision_-_7642453_-_29_May_2015.pdf- ./Probert__Benedict_John_-_Web_Decision_-_7642453_-_29_May_2015.pdf- (c) emailed Pupil A on numerous occasions; ./Probert__Benedict_John_-_Web_Decision_-_7642453_-_29_May_2015.pdf- ./Probert__Benedict_John_-_Web_Decision_-_7642453_-_29_May_2015.pdf- (d) met with Pupil A outside of school on one or more occasions. ./Probert__Benedict_John_-_Web_Decision_-_7642453_-_29_May_2015.pdf- ./Probert__Benedict_John_-_Web_Decision_-_7642453_-_29_May_2015.pdf:2. Engaged in an inappropriate sexual relationship with Pupil A shortly after ./Probert__Benedict_John_-_Web_Decision_-_7642453_-_29_May_2015.pdf- she had left the school, when Pupil A was aged between 16 to 18, and his ./Probert__Benedict_John_-_Web_Decision_-_7642453_-_29_May_2015.pdf: conduct in this regard was sexually motivated. ./Probert__Benedict_John_-_Web_Decision_-_7642453_-_29_May_2015.pdf- ./Probert__Benedict_John_-_Web_Decision_-_7642453_-_29_May_2015.pdf-The panel noted that Mr Probert admits the alleged facts and that he has signed a ./Probert__Benedict_John_-_Web_Decision_-_7642453_-_29_May_2015.pdf-Statement of Agreed Facts confirming his admission of each of the particulars. The ./Probert__Benedict_John_-_Web_Decision_-_7642453_-_29_May_2015.pdf- ./Probert__Benedict_John_-_Web_Decision_-_7642453_-_29_May_2015.pdf- 5 ./Probert__Benedict_John_-_Web_Decision_-_7642453_-_29_May_2015.pdf- -- ./Probert__Benedict_John_-_Web_Decision_-_7642453_-_29_May_2015.pdf-conduct that may bring the profession into disrepute ./Probert__Benedict_John_-_Web_Decision_-_7642453_-_29_May_2015.pdf-Mr Probert admits that his actions amount to unacceptable professional conduct and ./Probert__Benedict_John_-_Web_Decision_-_7642453_-_29_May_2015.pdf-conduct that may bring the profession into disrepute. The panel noted these admissions, ./Probert__Benedict_John_-_Web_Decision_-_7642453_-_29_May_2015.pdf-and made its own determination. ./Probert__Benedict_John_-_Web_Decision_-_7642453_-_29_May_2015.pdf- ./Probert__Benedict_John_-_Web_Decision_-_7642453_-_29_May_2015.pdf-The panel noted that Mr Probert was in a position of trust when the inappropriate ./Probert__Benedict_John_-_Web_Decision_-_7642453_-_29_May_2015.pdf-relationship started. He then took various steps to ensure that the relationship was able ./Probert__Benedict_John_-_Web_Decision_-_7642453_-_29_May_2015.pdf-to continue through exchanging personal emails, communications by mobile phone and ./Probert__Benedict_John_-_Web_Decision_-_7642453_-_29_May_2015.pdf-giving her money. The panel is satisfied that Mr Probert’s actions were deliberate and ./Probert__Benedict_John_-_Web_Decision_-_7642453_-_29_May_2015.pdf-aimed at sustaining what he knew was an inappropriate relationship with the pupil. After ./Probert__Benedict_John_-_Web_Decision_-_7642453_-_29_May_2015.pdf:Pupil A left school and was at least 16, the relationship became sexual in nature. His ./Probert__Benedict_John_-_Web_Decision_-_7642453_-_29_May_2015.pdf:actions were clearly sexually motivated and developed from the former position of trust ./Probert__Benedict_John_-_Web_Decision_-_7642453_-_29_May_2015.pdf-that he had towards Pupil A as her teacher. ./Probert__Benedict_John_-_Web_Decision_-_7642453_-_29_May_2015.pdf- ./Probert__Benedict_John_-_Web_Decision_-_7642453_-_29_May_2015.pdf-The panel is satisfied that Mr Probert’s actions in both particulars of the allegation ./Probert__Benedict_John_-_Web_Decision_-_7642453_-_29_May_2015.pdf-amount to unacceptable professional conduct and conduct that may bring the profession ./Probert__Benedict_John_-_Web_Decision_-_7642453_-_29_May_2015.pdf-into disrepute. This was misconduct of a serious nature, falling significantly short of the ./Probert__Benedict_John_-_Web_Decision_-_7642453_-_29_May_2015.pdf-standard of behaviour expected of a teacher. The conduct displayed would have a ./Probert__Benedict_John_-_Web_Decision_-_7642453_-_29_May_2015.pdf-negative impact on Mr Probert’s status as a teacher and would damage the public’s ./Probert__Benedict_John_-_Web_Decision_-_7642453_-_29_May_2015.pdf-perception of teachers, thereby bringing the profession into disrepute. ./Probert__Benedict_John_-_Web_Decision_-_7642453_-_29_May_2015.pdf- ./Probert__Benedict_John_-_Web_Decision_-_7642453_-_29_May_2015.pdf- ./Probert__Benedict_John_-_Web_Decision_-_7642453_-_29_May_2015.pdf-Panel’s recommendation to the Secretary of State ./Probert__Benedict_John_-_Web_Decision_-_7642453_-_29_May_2015.pdf-The panel is satisfied that Mr Probert’s behaviour was incompatible with being a teacher ./Probert__Benedict_John_-_Web_Decision_-_7642453_-_29_May_2015.pdf-for the following reasons. This was: ./Probert__Benedict_John_-_Web_Decision_-_7642453_-_29_May_2015.pdf- ./Probert__Benedict_John_-_Web_Decision_-_7642453_-_29_May_2015.pdf-  a serious departure from the personal and professional conduct elements of the ./Probert__Benedict_John_-_Web_Decision_-_7642453_-_29_May_2015.pdf- Teachers’ Standards; ./Probert__Benedict_John_-_Web_Decision_-_7642453_-_29_May_2015.pdf-  misconduct seriously affecting the education and/or well-being of a pupil, ./Probert__Benedict_John_-_Web_Decision_-_7642453_-_29_May_2015.pdf- particularly where there is a continuing risk; ./Probert__Benedict_John_-_Web_Decision_-_7642453_-_29_May_2015.pdf-  abuse of a position of trust; ./Probert__Benedict_John_-_Web_Decision_-_7642453_-_29_May_2015.pdf:  sexual misconduct, which involved actions that were sexually motivated and of a ./Probert__Benedict_John_-_Web_Decision_-_7642453_-_29_May_2015.pdf: sexual nature and that exploited the trust, knowledge or influence derived from his ./Probert__Benedict_John_-_Web_Decision_-_7642453_-_29_May_2015.pdf- professional position. ./Probert__Benedict_John_-_Web_Decision_-_7642453_-_29_May_2015.pdf-No mitigation was offered by Mr Probert. It is clear that the actions were deliberate and ./Probert__Benedict_John_-_Web_Decision_-_7642453_-_29_May_2015.pdf-were not carried out under duress. The panel is not aware of any previous adverse ./Probert__Benedict_John_-_Web_Decision_-_7642453_-_29_May_2015.pdf-regulatory findings. ./Probert__Benedict_John_-_Web_Decision_-_7642453_-_29_May_2015.pdf- ./Probert__Benedict_John_-_Web_Decision_-_7642453_-_29_May_2015.pdf- ./Probert__Benedict_John_-_Web_Decision_-_7642453_-_29_May_2015.pdf- 6 ./Probert__Benedict_John_-_Web_Decision_-_7642453_-_29_May_2015.pdf- -- ./Probert__Benedict_John_-_Web_Decision_-_7642453_-_29_May_2015.pdf-The panel is satisfied that a prohibition order is necessary to protect pupils, for the ./Probert__Benedict_John_-_Web_Decision_-_7642453_-_29_May_2015.pdf-maintenance of public confidence in the profession and to declare and uphold proper ./Probert__Benedict_John_-_Web_Decision_-_7642453_-_29_May_2015.pdf-standards of conduct. This is our recommendation. ./Probert__Benedict_John_-_Web_Decision_-_7642453_-_29_May_2015.pdf- ./Probert__Benedict_John_-_Web_Decision_-_7642453_-_29_May_2015.pdf-The panel considered whether to recommend that Mr Probert be permitted to apply to ./Probert__Benedict_John_-_Web_Decision_-_7642453_-_29_May_2015.pdf-have the prohibition order set aside, but concluded that there should be no such ./Probert__Benedict_John_-_Web_Decision_-_7642453_-_29_May_2015.pdf:opportunity. This was serious sexual misconduct involving the abuse of Mr Probert’s ./Probert__Benedict_John_-_Web_Decision_-_7642453_-_29_May_2015.pdf-professional position. The panel believe that there is a continuing risk to pupils. The ./Probert__Benedict_John_-_Web_Decision_-_7642453_-_29_May_2015.pdf-panel recommends that there be no opportunity to apply to have the prohibition order set ./Probert__Benedict_John_-_Web_Decision_-_7642453_-_29_May_2015.pdf-aside. ./Probert__Benedict_John_-_Web_Decision_-_7642453_-_29_May_2015.pdf- ./Probert__Benedict_John_-_Web_Decision_-_7642453_-_29_May_2015.pdf- ./Probert__Benedict_John_-_Web_Decision_-_7642453_-_29_May_2015.pdf-Decision and reasons on behalf of the Secretary of State ./Probert__Benedict_John_-_Web_Decision_-_7642453_-_29_May_2015.pdf-I have carefully considered the findings and recommendations of the panel in this case. ./Probert__Benedict_John_-_Web_Decision_-_7642453_-_29_May_2015.pdf- ./Probert__Benedict_John_-_Web_Decision_-_7642453_-_29_May_2015.pdf-The panel have found all the allegations proven and consider that those facts amount to ./Probert__Benedict_John_-_Web_Decision_-_7642453_-_29_May_2015.pdf-both unacceptable professional conduct and conduct that may bring the profession into ./Probert__Benedict_John_-_Web_Decision_-_7642453_-_29_May_2015.pdf-disrepute. ./Probert__Benedict_John_-_Web_Decision_-_7642453_-_29_May_2015.pdf- ./Probert__Benedict_John_-_Web_Decision_-_7642453_-_29_May_2015.pdf-The facts are that Mr Probert abused his position of trust by engaging in an inappropriate ./Probert__Benedict_John_-_Web_Decision_-_7642453_-_29_May_2015.pdf:relationship with Pupil A and then subsequently engaging in a sexual relationship with ./Probert__Benedict_John_-_Web_Decision_-_7642453_-_29_May_2015.pdf-Pupil A shortly after she had left the school. ./Probert__Benedict_John_-_Web_Decision_-_7642453_-_29_May_2015.pdf- ./Probert__Benedict_John_-_Web_Decision_-_7642453_-_29_May_2015.pdf-No mitigation was offered by Mr Probert and it was clear to the panel that his actions ./Probert__Benedict_John_-_Web_Decision_-_7642453_-_29_May_2015.pdf-were deliberate and were not carried out under duress. ./Probert__Benedict_John_-_Web_Decision_-_7642453_-_29_May_2015.pdf- ./Probert__Benedict_John_-_Web_Decision_-_7642453_-_29_May_2015.pdf-In all the circumstances I agree with the panel’s recommendation that prohibition with no ./Probert__Benedict_John_-_Web_Decision_-_7642453_-_29_May_2015.pdf-opportunity to apply for the order to be set aside is an appropriate and proportionate ./Probert__Benedict_John_-_Web_Decision_-_7642453_-_29_May_2015.pdf-sanction. ./Probert__Benedict_John_-_Web_Decision_-_7642453_-_29_May_2015.pdf- ./Probert__Benedict_John_-_Web_Decision_-_7642453_-_29_May_2015.pdf-This means that Mr Benedict John Probert is prohibited from teaching indefinitely ./Professional_conduct_panel_outcome_-_John_Lane.pdf-considered at a hearing if required in the interests of justice or in the public interest. The ./Professional_conduct_panel_outcome_-_John_Lane.pdf-panel did not determine that such a direction was necessary or appropriate in this case. ./Professional_conduct_panel_outcome_-_John_Lane.pdf- ./Professional_conduct_panel_outcome_-_John_Lane.pdf-Mr Lane worked as a teacher at Education Plus North East (‘the School’) from 1 ./Professional_conduct_panel_outcome_-_John_Lane.pdf-September 2018. Mr Lane was issued with a termination of employment letter by the ./Professional_conduct_panel_outcome_-_John_Lane.pdf-School dated 12 June 2020 and his dismissal took effect on 11 July 2020. ./Professional_conduct_panel_outcome_-_John_Lane.pdf- ./Professional_conduct_panel_outcome_-_John_Lane.pdf-On 11 June 2020, the School was made aware of a public Facebook video that had been ./Professional_conduct_panel_outcome_-_John_Lane.pdf-posted. The video was recorded and posted by an online paedophile hunting group, ./Professional_conduct_panel_outcome_-_John_Lane.pdf-known as “Cost Child Safety Team” (‘the Group’). The video appeared to show the Group ./Professional_conduct_panel_outcome_-_John_Lane.pdf:confronting Mr Lane at his home address and of him having engaged in sexualised ./Professional_conduct_panel_outcome_-_John_Lane.pdf-communication with a child he believed to be 15 years old. ./Professional_conduct_panel_outcome_-_John_Lane.pdf- ./Professional_conduct_panel_outcome_-_John_Lane.pdf-On 11 June 2020, the School reported the video to Durham Constabulary, confirming the ./Professional_conduct_panel_outcome_-_John_Lane.pdf-identity of Mr Lane and providing them with the details of his home address. Mr Lane was ./Professional_conduct_panel_outcome_-_John_Lane.pdf-subsequently arrested. ./Professional_conduct_panel_outcome_-_John_Lane.pdf- ./Professional_conduct_panel_outcome_-_John_Lane.pdf-Mr Lane appeared before the County Durham and Darlington Magistrates Court on 13 ./Professional_conduct_panel_outcome_-_John_Lane.pdf:June 2020 and was convicted of one count of attempt/engage in sexual communication ./Professional_conduct_panel_outcome_-_John_Lane.pdf-with a child, contrary to the Sexual Offences Act 2003 (‘the offence’). Mr Lane pleaded ./Professional_conduct_panel_outcome_-_John_Lane.pdf-guilty to the offence. ./Professional_conduct_panel_outcome_-_John_Lane.pdf- ./Professional_conduct_panel_outcome_-_John_Lane.pdf-The matter was referred to the TRA on 23 June 2020. ./Professional_conduct_panel_outcome_-_John_Lane.pdf- ./Professional_conduct_panel_outcome_-_John_Lane.pdf-Findings of fact ./Professional_conduct_panel_outcome_-_John_Lane.pdf- ./Professional_conduct_panel_outcome_-_John_Lane.pdf-The findings of fact are as follows: ./Professional_conduct_panel_outcome_-_John_Lane.pdf- ./Professional_conduct_panel_outcome_-_John_Lane.pdf-The panel found the following particulars of the allegation against you proved, for these -- ./Professional_conduct_panel_outcome_-_John_Lane.pdf-The panel noted page 8 of Teacher misconduct: The prohibition of teachers, referred to ./Professional_conduct_panel_outcome_-_John_Lane.pdf-as ‘the Advice’, which states that where there has been a conviction at any time, of a ./Professional_conduct_panel_outcome_-_John_Lane.pdf-criminal offence, the panel will accept the certificate of conviction as conclusive proof of ./Professional_conduct_panel_outcome_-_John_Lane.pdf-both the conviction and the facts necessarily implied by the conviction, unless ./Professional_conduct_panel_outcome_-_John_Lane.pdf-exceptional circumstances apply. The panel did not find that any exceptional ./Professional_conduct_panel_outcome_-_John_Lane.pdf-circumstances applied in this case. ./Professional_conduct_panel_outcome_-_John_Lane.pdf- ./Professional_conduct_panel_outcome_-_John_Lane.pdf-The panel had been provided with a copy of the certificate of conviction from Durham ./Professional_conduct_panel_outcome_-_John_Lane.pdf-Crown Court, which detailed that Mr Lane had been convicted of one count of adult ./Professional_conduct_panel_outcome_-_John_Lane.pdf:attempt to engage in sexual communication with a child. ./Professional_conduct_panel_outcome_-_John_Lane.pdf- ./Professional_conduct_panel_outcome_-_John_Lane.pdf-In respect of the allegation, Mr Lane was sentenced at Durham Crown Court on 13 June ./Professional_conduct_panel_outcome_-_John_Lane.pdf-2020 to 6 months imprisonment suspended for 24 months. In addition, he was: ./Professional_conduct_panel_outcome_-_John_Lane.pdf- ./Professional_conduct_panel_outcome_-_John_Lane.pdf- • made subject to a Sexual Harm Prevention Order for a period of 7 years; ./Professional_conduct_panel_outcome_-_John_Lane.pdf- ./Professional_conduct_panel_outcome_-_John_Lane.pdf: • required to sign the sex offenders register for 7 years; ./Professional_conduct_panel_outcome_-_John_Lane.pdf- ./Professional_conduct_panel_outcome_-_John_Lane.pdf- • ordered to pay a victim surcharge of £128; and ./Professional_conduct_panel_outcome_-_John_Lane.pdf- ./Professional_conduct_panel_outcome_-_John_Lane.pdf- • ordered to take part in a rehabilitation activity requirement as directed for a ./Professional_conduct_panel_outcome_-_John_Lane.pdf- maximum of 30 days. ./Professional_conduct_panel_outcome_-_John_Lane.pdf- ./Professional_conduct_panel_outcome_-_John_Lane.pdf-On examination of the documents contained in the bundle, the panel was satisfied that ./Professional_conduct_panel_outcome_-_John_Lane.pdf-the facts of allegation 1 were proved. ./Professional_conduct_panel_outcome_-_John_Lane.pdf- ./Professional_conduct_panel_outcome_-_John_Lane.pdf-Findings as to conviction of a relevant offence -- ./Professional_conduct_panel_outcome_-_John_Lane.pdf- o not undermining fundamental British values, including the rule of law, ./Professional_conduct_panel_outcome_-_John_Lane.pdf- ./Professional_conduct_panel_outcome_-_John_Lane.pdf- • Teachers must have an understanding of, and always act within, the statutory ./Professional_conduct_panel_outcome_-_John_Lane.pdf- frameworks which set out their professional duties and responsibilities. ./Professional_conduct_panel_outcome_-_John_Lane.pdf- ./Professional_conduct_panel_outcome_-_John_Lane.pdf-The panel noted that Mr Lane’s actions might have taken place outside of the education ./Professional_conduct_panel_outcome_-_John_Lane.pdf-setting, in that it was unclear from the evidence before it whether his communication with ./Professional_conduct_panel_outcome_-_John_Lane.pdf-an individual he believed to be a child took place during the course of his teaching duties ./Professional_conduct_panel_outcome_-_John_Lane.pdf-and/or whether the individual was a pupil of the School. However, the panel considered ./Professional_conduct_panel_outcome_-_John_Lane.pdf-Mr Lane’s actions touched upon his profession as a teacher, as he believed he was ./Professional_conduct_panel_outcome_-_John_Lane.pdf:engaging in sexual communication with a child, and therefore he posed a risk to children ./Professional_conduct_panel_outcome_-_John_Lane.pdf-of school age. ./Professional_conduct_panel_outcome_-_John_Lane.pdf- ./Professional_conduct_panel_outcome_-_John_Lane.pdf-The panel noted that the behaviour involved in committing the offence could have had an ./Professional_conduct_panel_outcome_-_John_Lane.pdf-impact on the safety or security of pupils, and was contrary to the standard of personal ./Professional_conduct_panel_outcome_-_John_Lane.pdf-and professional conduct expected of teachers, which would affect his suitability to work ./Professional_conduct_panel_outcome_-_John_Lane.pdf-with children in an education setting. ./Professional_conduct_panel_outcome_-_John_Lane.pdf- ./Professional_conduct_panel_outcome_-_John_Lane.pdf-The panel also took account of the way the teaching profession is viewed by others. The ./Professional_conduct_panel_outcome_-_John_Lane.pdf-panel considered that Mr Lane’s behaviour in committing the offence was likely to affect ./Professional_conduct_panel_outcome_-_John_Lane.pdf-public confidence in the teaching profession, given the influence that teachers may have ./Professional_conduct_panel_outcome_-_John_Lane.pdf-on pupils, parents and others in the community. ./Professional_conduct_panel_outcome_-_John_Lane.pdf- ./Professional_conduct_panel_outcome_-_John_Lane.pdf-The panel noted that Mr Lane’s behaviour ultimately led to a sentence of imprisonment, ./Professional_conduct_panel_outcome_-_John_Lane.pdf-(albeit that it was suspended), which was indicative of the seriousness of the offences ./Professional_conduct_panel_outcome_-_John_Lane.pdf:committed. This was a case involving an offence of sexual communication with a child, ./Professional_conduct_panel_outcome_-_John_Lane.pdf-which the Advice states is more likely to be considered as a relevant offence. ./Professional_conduct_panel_outcome_-_John_Lane.pdf- ./Professional_conduct_panel_outcome_-_John_Lane.pdf-The panel noted Mr Lane did not provide any documentation for the panel to consider as ./Professional_conduct_panel_outcome_-_John_Lane.pdf-part of its deliberations and the panel was not made aware of any mitigating ./Professional_conduct_panel_outcome_-_John_Lane.pdf-circumstances of the offence. The panel noted that it appeared to be an isolated incident, ./Professional_conduct_panel_outcome_-_John_Lane.pdf-although serious in nature. ./Professional_conduct_panel_outcome_-_John_Lane.pdf- ./Professional_conduct_panel_outcome_-_John_Lane.pdf-The panel considered that the seriousness of the offending behaviour that led to the ./Professional_conduct_panel_outcome_-_John_Lane.pdf-conviction was relevant to Mr Lane’s ongoing suitability to teach. In all the circumstances, ./Professional_conduct_panel_outcome_-_John_Lane.pdf-the panel found that this conviction was for a relevant offence. The panel further -- ./Professional_conduct_panel_outcome_-_John_Lane.pdf- public; ./Professional_conduct_panel_outcome_-_John_Lane.pdf- ./Professional_conduct_panel_outcome_-_John_Lane.pdf- • the maintenance of public confidence in the profession; ./Professional_conduct_panel_outcome_-_John_Lane.pdf- ./Professional_conduct_panel_outcome_-_John_Lane.pdf- • declaring and upholding proper standards of conduct; and ./Professional_conduct_panel_outcome_-_John_Lane.pdf- ./Professional_conduct_panel_outcome_-_John_Lane.pdf- • that prohibition strikes the right balance between the rights of the teacher and the ./Professional_conduct_panel_outcome_-_John_Lane.pdf- public interest. ./Professional_conduct_panel_outcome_-_John_Lane.pdf- ./Professional_conduct_panel_outcome_-_John_Lane.pdf-The panel found Mr Lane committed a “relevant offence”, which involved a conviction for ./Professional_conduct_panel_outcome_-_John_Lane.pdf:adult attempt to engage in sexual communication with a child. ./Professional_conduct_panel_outcome_-_John_Lane.pdf- ./Professional_conduct_panel_outcome_-_John_Lane.pdf-The panel considered that public confidence in the profession could be seriously ./Professional_conduct_panel_outcome_-_John_Lane.pdf-weakened if conduct such as that found against Mr Lane was not treated with the utmost ./Professional_conduct_panel_outcome_-_John_Lane.pdf-seriousness when regulating the conduct of the profession. Further, the panel considered ./Professional_conduct_panel_outcome_-_John_Lane.pdf-there was a strong public interest consideration in respect of the protection of pupils. ./Professional_conduct_panel_outcome_-_John_Lane.pdf- ./Professional_conduct_panel_outcome_-_John_Lane.pdf-The panel decided that a strong public interest consideration in declaring proper ./Professional_conduct_panel_outcome_-_John_Lane.pdf-standards of conduct in the profession was also present as the conduct found against Mr ./Professional_conduct_panel_outcome_-_John_Lane.pdf-Lane fell seriously short of these standards. ./Professional_conduct_panel_outcome_-_John_Lane.pdf- -- ./Professional_conduct_panel_outcome_-_John_Lane.pdf- • the commission of a serious criminal offence, including those that resulted in a ./Professional_conduct_panel_outcome_-_John_Lane.pdf- conviction or caution, paying particular attention to offences that are ‘relevant ./Professional_conduct_panel_outcome_-_John_Lane.pdf- matters’ for the purposes of The Police Act 1997 and criminal record disclosures. ./Professional_conduct_panel_outcome_-_John_Lane.pdf- ./Professional_conduct_panel_outcome_-_John_Lane.pdf- • abuse of position or trust (particularly involving pupils); ./Professional_conduct_panel_outcome_-_John_Lane.pdf- ./Professional_conduct_panel_outcome_-_John_Lane.pdf: • sexual misconduct, for example, involving actions that were sexually motivated or ./Professional_conduct_panel_outcome_-_John_Lane.pdf: of a sexual nature and/or that use or exploit the trust, knowledge or influence ./Professional_conduct_panel_outcome_-_John_Lane.pdf- derived from the individual’s professional position; ./Professional_conduct_panel_outcome_-_John_Lane.pdf- ./Professional_conduct_panel_outcome_-_John_Lane.pdf- • deliberate behaviour that undermines pupils, the profession, the school or ./Professional_conduct_panel_outcome_-_John_Lane.pdf- colleagues; ./Professional_conduct_panel_outcome_-_John_Lane.pdf- ./Professional_conduct_panel_outcome_-_John_Lane.pdf- • actions or behaviours that undermine fundamental British values of the rule of law. ./Professional_conduct_panel_outcome_-_John_Lane.pdf- ./Professional_conduct_panel_outcome_-_John_Lane.pdf-Even though some of the behaviour found proved in this case indicated that a prohibition ./Professional_conduct_panel_outcome_-_John_Lane.pdf-order would be appropriate, the panel went on to consider the mitigating factors. ./Professional_conduct_panel_outcome_-_John_Lane.pdf-Mitigating factors may indicate that a prohibition order would not be appropriate or -- ./Professional_conduct_panel_outcome_-_John_Lane.pdf-shown insight into his actions. The panel had not been provided with any information ./Professional_conduct_panel_outcome_-_John_Lane.pdf-regarding Mr Lane’s fulfilment of his sentence (including his rehabilitation activity ./Professional_conduct_panel_outcome_-_John_Lane.pdf-requirement). ./Professional_conduct_panel_outcome_-_John_Lane.pdf- ./Professional_conduct_panel_outcome_-_John_Lane.pdf-The panel first considered whether it would be proportionate to conclude this case with ./Professional_conduct_panel_outcome_-_John_Lane.pdf-no recommendation of prohibition, considering whether the publication of the findings ./Professional_conduct_panel_outcome_-_John_Lane.pdf-made by the panel would be sufficient. ./Professional_conduct_panel_outcome_-_John_Lane.pdf- ./Professional_conduct_panel_outcome_-_John_Lane.pdf-The panel was of the view that, applying the standard of the ordinary intelligent citizen, it ./Professional_conduct_panel_outcome_-_John_Lane.pdf-would not be a proportionate and appropriate response to recommend no prohibition ./Professional_conduct_panel_outcome_-_John_Lane.pdf:order, as Mr Lane had been convicted of a serious offence involving sexual ./Professional_conduct_panel_outcome_-_John_Lane.pdf-communications with a child. Recommending that the publication of adverse findings was ./Professional_conduct_panel_outcome_-_John_Lane.pdf-sufficient would unacceptably undermine the public interest considerations present in this ./Professional_conduct_panel_outcome_-_John_Lane.pdf-case, despite the severity of the consequences for Mr Lane of prohibition. ./Professional_conduct_panel_outcome_-_John_Lane.pdf- ./Professional_conduct_panel_outcome_-_John_Lane.pdf-The panel noted the timing of the offence, when schools were only physically open on a ./Professional_conduct_panel_outcome_-_John_Lane.pdf-limited basis due to the COVID-19 pandemic, which initiated an increase in pupil/ teacher ./Professional_conduct_panel_outcome_-_John_Lane.pdf- ./Professional_conduct_panel_outcome_-_John_Lane.pdf- 9 ./Professional_conduct_panel_outcome_-_John_Lane.pdf- -- ./Professional_conduct_panel_outcome_-_John_Lane.pdf-prohibition order should be imposed with immediate effect. ./Professional_conduct_panel_outcome_-_John_Lane.pdf- ./Professional_conduct_panel_outcome_-_John_Lane.pdf-The panel went on to consider whether or not it would be appropriate to recommend that ./Professional_conduct_panel_outcome_-_John_Lane.pdf-a review period of the order should be considered. The panel was mindful that the Advice ./Professional_conduct_panel_outcome_-_John_Lane.pdf-states that a prohibition order applies for life, but there may be circumstances, in any ./Professional_conduct_panel_outcome_-_John_Lane.pdf-given case, that may make it appropriate to allow a teacher to apply to have the ./Professional_conduct_panel_outcome_-_John_Lane.pdf-prohibition order reviewed after a specified period of time that may not be less than 2 ./Professional_conduct_panel_outcome_-_John_Lane.pdf-years. ./Professional_conduct_panel_outcome_-_John_Lane.pdf- ./Professional_conduct_panel_outcome_-_John_Lane.pdf-The Advice indicates that there are behaviours that, if proved, would militate against the ./Professional_conduct_panel_outcome_-_John_Lane.pdf:recommendation of a review period. One of these behaviours include any sexual ./Professional_conduct_panel_outcome_-_John_Lane.pdf-misconduct involving a child. The panel found that Mr Lane was convicted for adult ./Professional_conduct_panel_outcome_-_John_Lane.pdf:attempt to engage in sexual communication with a child. ./Professional_conduct_panel_outcome_-_John_Lane.pdf- ./Professional_conduct_panel_outcome_-_John_Lane.pdf-The panel considered Mr Lane’s behaviour to be at the more serious end of the spectrum ./Professional_conduct_panel_outcome_-_John_Lane.pdf-and incompatible with being a teacher. The panel noted Mr Lane had not offered any ./Professional_conduct_panel_outcome_-_John_Lane.pdf-explanation or reassurance that there would not be a repetition of his behaviour. ./Professional_conduct_panel_outcome_-_John_Lane.pdf- ./Professional_conduct_panel_outcome_-_John_Lane.pdf-The Advice also indicates that there are behaviours that, if proved, would have greater ./Professional_conduct_panel_outcome_-_John_Lane.pdf-relevance and weigh in favour of a longer review period. The panel found that Mr Lane ./Professional_conduct_panel_outcome_-_John_Lane.pdf-was not responsible for any such behaviours. ./Professional_conduct_panel_outcome_-_John_Lane.pdf- ./Professional_conduct_panel_outcome_-_John_Lane.pdf-The panel decided that the findings indicated a situation in which a review period would -- ./Professional_conduct_panel_outcome_-_John_Lane.pdf- ./Professional_conduct_panel_outcome_-_John_Lane.pdf- o not undermining fundamental British values, including the rule of law, ./Professional_conduct_panel_outcome_-_John_Lane.pdf- ./Professional_conduct_panel_outcome_-_John_Lane.pdf- • Teachers must have an understanding of, and always act within, the statutory ./Professional_conduct_panel_outcome_-_John_Lane.pdf- frameworks which set out their professional duties and responsibilities. ./Professional_conduct_panel_outcome_-_John_Lane.pdf- ./Professional_conduct_panel_outcome_-_John_Lane.pdf-The panel finds that the conduct of Mr Lane fell significantly short of the standards ./Professional_conduct_panel_outcome_-_John_Lane.pdf-expected of the profession. ./Professional_conduct_panel_outcome_-_John_Lane.pdf- ./Professional_conduct_panel_outcome_-_John_Lane.pdf-The findings of misconduct are particularly serious as they include a conviction of one ./Professional_conduct_panel_outcome_-_John_Lane.pdf:count of adult attempt to engage in sexual communication with a child. ./Professional_conduct_panel_outcome_-_John_Lane.pdf- ./Professional_conduct_panel_outcome_-_John_Lane.pdf-I have to determine whether the imposition of a prohibition order is proportionate and in ./Professional_conduct_panel_outcome_-_John_Lane.pdf-the public interest. In considering that for this case, I have considered the overall aim of a ./Professional_conduct_panel_outcome_-_John_Lane.pdf-prohibition order which is to protect pupils and to maintain public confidence in the ./Professional_conduct_panel_outcome_-_John_Lane.pdf-profession. I have considered the extent to which a prohibition order in this case would ./Professional_conduct_panel_outcome_-_John_Lane.pdf-achieve that aim taking into account the impact that it will have on the individual teacher. ./Professional_conduct_panel_outcome_-_John_Lane.pdf-I have also asked myself, whether a less intrusive measure, such as the published ./Professional_conduct_panel_outcome_-_John_Lane.pdf-finding of unacceptable professional conduct and conduct that may bring the profession ./Professional_conduct_panel_outcome_-_John_Lane.pdf-into disrepute, would itself be sufficient to achieve the overall aim. I have to consider ./Professional_conduct_panel_outcome_-_John_Lane.pdf-whether the consequences of such a publication are themselves sufficient. I have -- ./Professional_conduct_panel_outcome_-_John_Lane.pdf-there is some risk of the repetition of this behaviour and this puts at risk the future ./Professional_conduct_panel_outcome_-_John_Lane.pdf-wellbeing of pupils’. I have therefore given this element considerable weight in reaching ./Professional_conduct_panel_outcome_-_John_Lane.pdf-my decision. ./Professional_conduct_panel_outcome_-_John_Lane.pdf- ./Professional_conduct_panel_outcome_-_John_Lane.pdf-I have gone on to consider the extent to which a prohibition order would maintain public ./Professional_conduct_panel_outcome_-_John_Lane.pdf-confidence in the profession. The panel observe, “The panel considered that public ./Professional_conduct_panel_outcome_-_John_Lane.pdf-confidence in the profession could be seriously weakened if conduct such as that found ./Professional_conduct_panel_outcome_-_John_Lane.pdf-against Mr Lane was not treated with the utmost seriousness when regulating the ./Professional_conduct_panel_outcome_-_John_Lane.pdf-conduct of the profession. Further, the panel considered there was a strong public ./Professional_conduct_panel_outcome_-_John_Lane.pdf-interest consideration in respect of the protection of pupils.” I am particularly mindful of ./Professional_conduct_panel_outcome_-_John_Lane.pdf:the finding involving attempt of sexual communication with a child in this case and the ./Professional_conduct_panel_outcome_-_John_Lane.pdf-impact that such a finding has on the reputation of the profession. ./Professional_conduct_panel_outcome_-_John_Lane.pdf- ./Professional_conduct_panel_outcome_-_John_Lane.pdf-I have considered the risk to children and given considerable weight to the following ./Professional_conduct_panel_outcome_-_John_Lane.pdf-comment from the panel “Mr Lane’s actions might have taken place outside of the ./Professional_conduct_panel_outcome_-_John_Lane.pdf-education setting, in that it was unclear from the evidence before it whether his ./Professional_conduct_panel_outcome_-_John_Lane.pdf-communication with an individual he believed to be a child took place during the course ./Professional_conduct_panel_outcome_-_John_Lane.pdf-of his teaching duties and/or whether the individual was a pupil of the School. However, ./Professional_conduct_panel_outcome_-_John_Lane.pdf-the panel considered Mr Lane’s actions touched upon his profession as a teacher, as he ./Professional_conduct_panel_outcome_-_John_Lane.pdf:believed he was engaging in sexual communication with a child, and therefore he posed ./Professional_conduct_panel_outcome_-_John_Lane.pdf-a risk to children of school age.” ./Professional_conduct_panel_outcome_-_John_Lane.pdf- ./Professional_conduct_panel_outcome_-_John_Lane.pdf-I have had to consider that the public has a high expectation of professional standards of ./Professional_conduct_panel_outcome_-_John_Lane.pdf-all teachers and that the public might regard a failure to impose a prohibition order as a ./Professional_conduct_panel_outcome_-_John_Lane.pdf-failure to uphold those high standards. In weighing these considerations, I have had to ./Professional_conduct_panel_outcome_-_John_Lane.pdf-consider the matter from the point of view of an “ordinary intelligent and well-informed ./Professional_conduct_panel_outcome_-_John_Lane.pdf-citizen.” ./Professional_conduct_panel_outcome_-_John_Lane.pdf- ./Professional_conduct_panel_outcome_-_John_Lane.pdf-I have considered whether the publication of a finding of unacceptable professional ./Professional_conduct_panel_outcome_-_John_Lane.pdf-conduct, in the absence of a prohibition order, can itself be regarded by such a person as -- ./Professional_conduct_panel_outcome_-_John_Lane.pdf-in the profession. ./Professional_conduct_panel_outcome_-_John_Lane.pdf- ./Professional_conduct_panel_outcome_-_John_Lane.pdf-For these reasons, I have concluded that a prohibition order is proportionate and in the ./Professional_conduct_panel_outcome_-_John_Lane.pdf-public interest in order to achieve the intended aims of a prohibition order. ./Professional_conduct_panel_outcome_-_John_Lane.pdf- ./Professional_conduct_panel_outcome_-_John_Lane.pdf-I have gone on to consider the matter of a review period. In this case, the panel has ./Professional_conduct_panel_outcome_-_John_Lane.pdf-recommended that no provision should be made for a review period. ./Professional_conduct_panel_outcome_-_John_Lane.pdf- ./Professional_conduct_panel_outcome_-_John_Lane.pdf-I have considered the panel’s comments “The Advice indicates that there are behaviours ./Professional_conduct_panel_outcome_-_John_Lane.pdf-that, if proved, would militate against the recommendation of a review period. One of ./Professional_conduct_panel_outcome_-_John_Lane.pdf:these behaviours include any sexual misconduct involving a child. The panel found that ./Professional_conduct_panel_outcome_-_John_Lane.pdf:Mr Lane was convicted for adult attempt to engage in sexual communication with a child.” ./Professional_conduct_panel_outcome_-_John_Lane.pdf- ./Professional_conduct_panel_outcome_-_John_Lane.pdf-Factors mean allowing a review period is not appropriate in this case, these elements ./Professional_conduct_panel_outcome_-_John_Lane.pdf:include the serious of the findings involving attempting sexual communication with a child ./Professional_conduct_panel_outcome_-_John_Lane.pdf-and the lack of either insight or remorse. ./Professional_conduct_panel_outcome_-_John_Lane.pdf- ./Professional_conduct_panel_outcome_-_John_Lane.pdf- ./Professional_conduct_panel_outcome_-_John_Lane.pdf- ./Professional_conduct_panel_outcome_-_John_Lane.pdf- ./Professional_conduct_panel_outcome_-_John_Lane.pdf- 13 ./Professional_conduct_panel_outcome_-_John_Lane.pdf- ./Professional_conduct_panel_outcome_-_Matthew_Sides.pdf-Allegations ./Professional_conduct_panel_outcome_-_Matthew_Sides.pdf-The panel considered the allegations set out in the notice of meeting dated 5 July 2021. ./Professional_conduct_panel_outcome_-_Matthew_Sides.pdf- ./Professional_conduct_panel_outcome_-_Matthew_Sides.pdf-It was alleged that Mr Sides was guilty of unacceptable professional conduct and/or ./Professional_conduct_panel_outcome_-_Matthew_Sides.pdf-conduct that may bring the profession into disrepute in that whilst employed as a teacher ./Professional_conduct_panel_outcome_-_Matthew_Sides.pdf-at Eldon Grove Academy: ./Professional_conduct_panel_outcome_-_Matthew_Sides.pdf- ./Professional_conduct_panel_outcome_-_Matthew_Sides.pdf: 1. In or around January 2019 he engaged in sexual activity with Child A. ./Professional_conduct_panel_outcome_-_Matthew_Sides.pdf- ./Professional_conduct_panel_outcome_-_Matthew_Sides.pdf: 2. In or around February 2019 he engaged in sexual activity with Child A. ./Professional_conduct_panel_outcome_-_Matthew_Sides.pdf- ./Professional_conduct_panel_outcome_-_Matthew_Sides.pdf- 3. By his conduct at paragraph 1, he failed to uphold public trust in the profession ./Professional_conduct_panel_outcome_-_Matthew_Sides.pdf- and maintain high standards of ethics and behaviour, within and outside of ./Professional_conduct_panel_outcome_-_Matthew_Sides.pdf- school. ./Professional_conduct_panel_outcome_-_Matthew_Sides.pdf- ./Professional_conduct_panel_outcome_-_Matthew_Sides.pdf-Mr Sides admitted the facts of allegations 1 to 3 and that his behaviour amounted to ./Professional_conduct_panel_outcome_-_Matthew_Sides.pdf-unacceptable professional conduct and/or conduct that may bring the profession into ./Professional_conduct_panel_outcome_-_Matthew_Sides.pdf-disrepute, as set out in his response to notice of referral form dated 15 December 2020 ./Professional_conduct_panel_outcome_-_Matthew_Sides.pdf-and in the statement of agreed facts signed by Mr Sides on 19 May 2021. ./Professional_conduct_panel_outcome_-_Matthew_Sides.pdf- -- ./Professional_conduct_panel_outcome_-_Matthew_Sides.pdf- ./Professional_conduct_panel_outcome_-_Matthew_Sides.pdf-Mr Sides was employed as a teacher at Eldon Grove Academy (“the School”) from ./Professional_conduct_panel_outcome_-_Matthew_Sides.pdf-September 2016 until he was dismissed on 10 July 2019. The School is a co-educational ./Professional_conduct_panel_outcome_-_Matthew_Sides.pdf-primary school which caters for pupils aged 3 to 11. Prior to his dismissal by the School, ./Professional_conduct_panel_outcome_-_Matthew_Sides.pdf-Mr Sides had been a Year 3 teacher. ./Professional_conduct_panel_outcome_-_Matthew_Sides.pdf- ./Professional_conduct_panel_outcome_-_Matthew_Sides.pdf-In or around January 2019, Mr Sides met Child A via the Grindr app (marketed as a ./Professional_conduct_panel_outcome_-_Matthew_Sides.pdf-social networking app for gay, bi, trans and queer people). Mr Sides and Child A ./Professional_conduct_panel_outcome_-_Matthew_Sides.pdf-exchanged messages on Grindr including pictures of their faces and arranged to meet. In ./Professional_conduct_panel_outcome_-_Matthew_Sides.pdf-or around January 2019, Mr Sides picked up Child A in his car and drove to a location ./Professional_conduct_panel_outcome_-_Matthew_Sides.pdf:where they engaged in sexual activity. ./Professional_conduct_panel_outcome_-_Matthew_Sides.pdf- ./Professional_conduct_panel_outcome_-_Matthew_Sides.pdf-Mr Sides has said he believed Child A was 16 as Child A told him he was during their ./Professional_conduct_panel_outcome_-_Matthew_Sides.pdf-initial messages on Grindr. Child A admitted to the police that he told Mr Sides, on one ./Professional_conduct_panel_outcome_-_Matthew_Sides.pdf-occasion, that he was 16 years of age. ./Professional_conduct_panel_outcome_-_Matthew_Sides.pdf- ./Professional_conduct_panel_outcome_-_Matthew_Sides.pdf-In or around February 2019, Mr Sides arranged to meet Child A again. Mr Sides picked ./Professional_conduct_panel_outcome_-_Matthew_Sides.pdf-up Child A in his car and drove to Mr Sides’ house. Mr Sides and Child A engaged in ./Professional_conduct_panel_outcome_-_Matthew_Sides.pdf:sexual activity at Mr Sides’ house. ./Professional_conduct_panel_outcome_-_Matthew_Sides.pdf- ./Professional_conduct_panel_outcome_-_Matthew_Sides.pdf:Child A told the police during their investigations that the encounters and sexual activity ./Professional_conduct_panel_outcome_-_Matthew_Sides.pdf-were consensual and without pressure. ./Professional_conduct_panel_outcome_-_Matthew_Sides.pdf- ./Professional_conduct_panel_outcome_-_Matthew_Sides.pdf-On 16 April 2019, Mr Sides called the police and made a voluntary confession that he ./Professional_conduct_panel_outcome_-_Matthew_Sides.pdf:had engaged in sexual activities with Child A having been told by Child A’s parents that ./Professional_conduct_panel_outcome_-_Matthew_Sides.pdf-Child A was actually 14. Mr Sides was arrested on the night of 16 April 2019. ./Professional_conduct_panel_outcome_-_Matthew_Sides.pdf- ./Professional_conduct_panel_outcome_-_Matthew_Sides.pdf-On 17 April 2019, Mr Sides was released by the police and he emailed the School to ./Professional_conduct_panel_outcome_-_Matthew_Sides.pdf-inform them of the criminal allegations against him and that the police were currently ./Professional_conduct_panel_outcome_-_Matthew_Sides.pdf- ./Professional_conduct_panel_outcome_-_Matthew_Sides.pdf- ./Professional_conduct_panel_outcome_-_Matthew_Sides.pdf- 5 ./Professional_conduct_panel_outcome_-_Matthew_Sides.pdf- -- ./Professional_conduct_panel_outcome_-_Matthew_Sides.pdf-take no further action against Mr Sides. The TRA issued Mr Sides with an interim ./Professional_conduct_panel_outcome_-_Matthew_Sides.pdf-prohibition order on 7 February 2020. ./Professional_conduct_panel_outcome_-_Matthew_Sides.pdf- ./Professional_conduct_panel_outcome_-_Matthew_Sides.pdf-Findings of fact ./Professional_conduct_panel_outcome_-_Matthew_Sides.pdf- ./Professional_conduct_panel_outcome_-_Matthew_Sides.pdf-The findings of fact are as follows: ./Professional_conduct_panel_outcome_-_Matthew_Sides.pdf- ./Professional_conduct_panel_outcome_-_Matthew_Sides.pdf-The panel found the following particulars of the allegations against you proved, for these ./Professional_conduct_panel_outcome_-_Matthew_Sides.pdf-reasons: ./Professional_conduct_panel_outcome_-_Matthew_Sides.pdf- ./Professional_conduct_panel_outcome_-_Matthew_Sides.pdf: 1. In or around January 2019 you engaged in sexual activity with Child A. ./Professional_conduct_panel_outcome_-_Matthew_Sides.pdf- ./Professional_conduct_panel_outcome_-_Matthew_Sides.pdf: 2. In or around February 2019 you engaged in sexual activity with Child A. ./Professional_conduct_panel_outcome_-_Matthew_Sides.pdf- ./Professional_conduct_panel_outcome_-_Matthew_Sides.pdf-The panel noted that in the response to the notice of referral form dated 15 December ./Professional_conduct_panel_outcome_-_Matthew_Sides.pdf-2020 and in the statement of agreed facts, which Mr Sides had signed on 19 May 2021, ./Professional_conduct_panel_outcome_-_Matthew_Sides.pdf-Mr Sides had admitted the facts of allegations 1 and 2. Notwithstanding that being the ./Professional_conduct_panel_outcome_-_Matthew_Sides.pdf-case, the panel made its own determination on the facts of the allegations on all of the ./Professional_conduct_panel_outcome_-_Matthew_Sides.pdf-evidence before it. ./Professional_conduct_panel_outcome_-_Matthew_Sides.pdf- ./Professional_conduct_panel_outcome_-_Matthew_Sides.pdf-The panel concluded that the evidence within the bundle supported the statement of ./Professional_conduct_panel_outcome_-_Matthew_Sides.pdf-agreed facts. In particular, the panel noted: the transcript of the police interview with Mr ./Professional_conduct_panel_outcome_-_Matthew_Sides.pdf-Sides, the statement taken from Child A by the police, the notes of the School’s ./Professional_conduct_panel_outcome_-_Matthew_Sides.pdf-investigation meeting dated 17 May 2019, the police incident report and Mr Sides’ ./Professional_conduct_panel_outcome_-_Matthew_Sides.pdf-witness statement and representations. All of these documents supported the fact that Mr ./Professional_conduct_panel_outcome_-_Matthew_Sides.pdf:Sides had engaged in sexual activity with Child A in January 2019 and in February 2019. ./Professional_conduct_panel_outcome_-_Matthew_Sides.pdf-The panel also noted that Mr Sides’ account had been consistent and detailed throughout ./Professional_conduct_panel_outcome_-_Matthew_Sides.pdf-the investigation and he had been honest in admitting his conduct to the police and the ./Professional_conduct_panel_outcome_-_Matthew_Sides.pdf-School. ./Professional_conduct_panel_outcome_-_Matthew_Sides.pdf- ./Professional_conduct_panel_outcome_-_Matthew_Sides.pdf:The panel found that in January 2019, Child A performed oral sex on Mr Sides whilst he ./Professional_conduct_panel_outcome_-_Matthew_Sides.pdf-was in Mr Sides’ car. The car was parked on a road at the time. Mr Sides had initially ./Professional_conduct_panel_outcome_-_Matthew_Sides.pdf-driven to a local car park but had moved on as another car was in the car park at the ./Professional_conduct_panel_outcome_-_Matthew_Sides.pdf-time. ./Professional_conduct_panel_outcome_-_Matthew_Sides.pdf- ./Professional_conduct_panel_outcome_-_Matthew_Sides.pdf:In February 2019, the sexual activity took place at Mr Sides’ house. ./Professional_conduct_panel_outcome_-_Matthew_Sides.pdf- ./Professional_conduct_panel_outcome_-_Matthew_Sides.pdf- ./Professional_conduct_panel_outcome_-_Matthew_Sides.pdf- ./Professional_conduct_panel_outcome_-_Matthew_Sides.pdf- 6 ./Professional_conduct_panel_outcome_-_Matthew_Sides.pdf- -- ./Professional_conduct_panel_outcome_-_Matthew_Sides.pdf:Mr Sides and Child A had performed oral sex on each other. The panel noted that Mr ./Professional_conduct_panel_outcome_-_Matthew_Sides.pdf:Sides had stated he had performed penetrative sex on Child A but that Child A had ./Professional_conduct_panel_outcome_-_Matthew_Sides.pdf-denied this when he was interviewed by the police. On the balance of probabilities, the ./Professional_conduct_panel_outcome_-_Matthew_Sides.pdf-panel preferred the evidence of Mr Sides on this point of fact. Mr Sides’ had given a ./Professional_conduct_panel_outcome_-_Matthew_Sides.pdf-consistent and detailed account of events in his interviews with the police and the School ./Professional_conduct_panel_outcome_-_Matthew_Sides.pdf-at the time. Mr Sides had also been open and honest in making his admissions to the ./Professional_conduct_panel_outcome_-_Matthew_Sides.pdf-School and the police. The panel conceived there was no reason or motivation to support ./Professional_conduct_panel_outcome_-_Matthew_Sides.pdf:a finding that Mr Sides had dishonestly admitted to performing this sexual act with Child ./Professional_conduct_panel_outcome_-_Matthew_Sides.pdf:A. The panel therefore found that Mr Sides had engaged in penetrative sex with Child A ./Professional_conduct_panel_outcome_-_Matthew_Sides.pdf-in February 2019 whilst Child A was at his house. ./Professional_conduct_panel_outcome_-_Matthew_Sides.pdf- ./Professional_conduct_panel_outcome_-_Matthew_Sides.pdf-The panel was satisfied, on the balance of probabilities, that Mr Sides had believed Child ./Professional_conduct_panel_outcome_-_Matthew_Sides.pdf:A had been 16 when he had engaged in sexual activity with Child A. However, the panel ./Professional_conduct_panel_outcome_-_Matthew_Sides.pdf-considered that Mr Sides had completely neglected his duty, as the adult and as a ./Professional_conduct_panel_outcome_-_Matthew_Sides.pdf-teacher, to take steps to ensure that Child A was in fact 16. ./Professional_conduct_panel_outcome_-_Matthew_Sides.pdf- ./Professional_conduct_panel_outcome_-_Matthew_Sides.pdf-The panel was concerned by the evidence in how the issue of Child A’s age had come ./Professional_conduct_panel_outcome_-_Matthew_Sides.pdf-about. It had been Child A who had said he was 16. The evidence given by Mr Sides in ./Professional_conduct_panel_outcome_-_Matthew_Sides.pdf-his police interview was that he had responded to this with words the along the lines of ./Professional_conduct_panel_outcome_-_Matthew_Sides.pdf-‘As long as you are 16 you’re legal that’s fine’ ‘he went yes and I, truly believed that he ./Professional_conduct_panel_outcome_-_Matthew_Sides.pdf-was.’ ./Professional_conduct_panel_outcome_-_Matthew_Sides.pdf- ./Professional_conduct_panel_outcome_-_Matthew_Sides.pdf-The panel also noted that it appeared Mr Sides had noted that Child A appeared to be -- ./Professional_conduct_panel_outcome_-_Matthew_Sides.pdf- 3. By your conduct at paragraph 1, you failed to uphold public trust in the ./Professional_conduct_panel_outcome_-_Matthew_Sides.pdf- profession and maintain high standards of ethics and behaviour, within and ./Professional_conduct_panel_outcome_-_Matthew_Sides.pdf- outside of school. ./Professional_conduct_panel_outcome_-_Matthew_Sides.pdf- ./Professional_conduct_panel_outcome_-_Matthew_Sides.pdf-The panel noted that in the statement of agreed facts, which Mr Sides signed on 19 May ./Professional_conduct_panel_outcome_-_Matthew_Sides.pdf-2021, Mr Sides admitted the facts of allegation 3. Notwithstanding the admissions in the ./Professional_conduct_panel_outcome_-_Matthew_Sides.pdf-statement of agreed facts, the panel made its own determination on this allegation. ./Professional_conduct_panel_outcome_-_Matthew_Sides.pdf- ./Professional_conduct_panel_outcome_-_Matthew_Sides.pdf-On examination of the documents before the panel, the panel was of the view that Mr ./Professional_conduct_panel_outcome_-_Matthew_Sides.pdf-Sides had failed to uphold public trust in the profession and maintain high standard of ./Professional_conduct_panel_outcome_-_Matthew_Sides.pdf:ethics and behaviour. Mr Sides had engaged in sexual activity with a child aged 14, who ./Professional_conduct_panel_outcome_-_Matthew_Sides.pdf-he thought had been 16. ./Professional_conduct_panel_outcome_-_Matthew_Sides.pdf- ./Professional_conduct_panel_outcome_-_Matthew_Sides.pdf:Mr Sides had engaged in a sexual activity in a public location, a road in the local area. ./Professional_conduct_panel_outcome_-_Matthew_Sides.pdf-The panel considered that the public trust would be most certainly breached upon ./Professional_conduct_panel_outcome_-_Matthew_Sides.pdf:discovering that a teacher was engaging with and in sexual activity with someone they ./Professional_conduct_panel_outcome_-_Matthew_Sides.pdf- ./Professional_conduct_panel_outcome_-_Matthew_Sides.pdf- 7 ./Professional_conduct_panel_outcome_-_Matthew_Sides.pdf- -- ./Professional_conduct_panel_outcome_-_Matthew_Sides.pdf- and at all times observing proper boundaries appropriate to a teacher’s ./Professional_conduct_panel_outcome_-_Matthew_Sides.pdf- professional position ./Professional_conduct_panel_outcome_-_Matthew_Sides.pdf- ./Professional_conduct_panel_outcome_-_Matthew_Sides.pdf- • Teachers must have an understanding of, and always act within, the statutory ./Professional_conduct_panel_outcome_-_Matthew_Sides.pdf- frameworks which set out their professional duties and responsibilities. ./Professional_conduct_panel_outcome_-_Matthew_Sides.pdf- ./Professional_conduct_panel_outcome_-_Matthew_Sides.pdf-The panel was satisfied that the conduct of Mr Sides fell significantly short of the ./Professional_conduct_panel_outcome_-_Matthew_Sides.pdf-standards expected of the profession. ./Professional_conduct_panel_outcome_-_Matthew_Sides.pdf- ./Professional_conduct_panel_outcome_-_Matthew_Sides.pdf-The panel considered the proven facts to be very serious. Mr Sides had engaged in ./Professional_conduct_panel_outcome_-_Matthew_Sides.pdf:sexual activity with a 14-year-old child (although he believed the child was 16). ./Professional_conduct_panel_outcome_-_Matthew_Sides.pdf- ./Professional_conduct_panel_outcome_-_Matthew_Sides.pdf-The panel determined that Mr Sides’ awareness of the risks to Child A, himself, the ./Professional_conduct_panel_outcome_-_Matthew_Sides.pdf-School and the teaching profession had been woefully inadequate in his exchanges on ./Professional_conduct_panel_outcome_-_Matthew_Sides.pdf:Grindr with Child A and his decision to proceed to engage in sexual relations with Child ./Professional_conduct_panel_outcome_-_Matthew_Sides.pdf-A, someone he had met very briefly on Grindr and who had simply said they were 16. ./Professional_conduct_panel_outcome_-_Matthew_Sides.pdf-The panel determined that Mr Sides had devolved his responsibilities as an adult (he was ./Professional_conduct_panel_outcome_-_Matthew_Sides.pdf-25 at the time). ./Professional_conduct_panel_outcome_-_Matthew_Sides.pdf- ./Professional_conduct_panel_outcome_-_Matthew_Sides.pdf-The panel was concerned that Mr Sides believed that some users of Grindr were actually ./Professional_conduct_panel_outcome_-_Matthew_Sides.pdf-16 or 17 when he believed that users had to be 18 to have an account. The panel ./Professional_conduct_panel_outcome_-_Matthew_Sides.pdf-considered this, yet a further example of Mr Sides being blind to his responsibilities as an ./Professional_conduct_panel_outcome_-_Matthew_Sides.pdf- ./Professional_conduct_panel_outcome_-_Matthew_Sides.pdf- 8 ./Professional_conduct_panel_outcome_-_Matthew_Sides.pdf- -- ./Professional_conduct_panel_outcome_-_Matthew_Sides.pdf-adult and as a teacher and failing to take appropriate precautions when embarking on ./Professional_conduct_panel_outcome_-_Matthew_Sides.pdf-such activity which was inherently risky and could have significant negative ./Professional_conduct_panel_outcome_-_Matthew_Sides.pdf-consequences for himself, the teaching profession and most importantly a vulnerable ./Professional_conduct_panel_outcome_-_Matthew_Sides.pdf-person, who in this case was in fact a child. ./Professional_conduct_panel_outcome_-_Matthew_Sides.pdf- ./Professional_conduct_panel_outcome_-_Matthew_Sides.pdf-The panel considered that any reasonable person, let alone someone in the teaching ./Professional_conduct_panel_outcome_-_Matthew_Sides.pdf-profession, would, and should, have been more aware of the risks and consequences of ./Professional_conduct_panel_outcome_-_Matthew_Sides.pdf:engaging in sexual activity with someone who they did not know who said on one ./Professional_conduct_panel_outcome_-_Matthew_Sides.pdf-occasion that they were 16, the legal age of consent. ./Professional_conduct_panel_outcome_-_Matthew_Sides.pdf- ./Professional_conduct_panel_outcome_-_Matthew_Sides.pdf-The panel also considered whether Mr Sides’ conduct displayed behaviours associated ./Professional_conduct_panel_outcome_-_Matthew_Sides.pdf-with any of the offences listed on pages 10 and 11 of the Advice. The Advice indicates ./Professional_conduct_panel_outcome_-_Matthew_Sides.pdf-that where behaviours associated with such an offence exist (even though the individual ./Professional_conduct_panel_outcome_-_Matthew_Sides.pdf-has not been convicted of the offence), a panel is more likely to conclude that an ./Professional_conduct_panel_outcome_-_Matthew_Sides.pdf-individual’s conduct would amount to unacceptable professional conduct. The panel ./Professional_conduct_panel_outcome_-_Matthew_Sides.pdf:found that offences of sexual activity were relevant. ./Professional_conduct_panel_outcome_-_Matthew_Sides.pdf- ./Professional_conduct_panel_outcome_-_Matthew_Sides.pdf-The panel noted that the allegations took place outside the education setting in that Mr ./Professional_conduct_panel_outcome_-_Matthew_Sides.pdf-Sides met Child A via an online dating app and met him outside of working hours. The ./Professional_conduct_panel_outcome_-_Matthew_Sides.pdf-panel also noted that Child A was not a pupil of the School. The panel noted the Advice ./Professional_conduct_panel_outcome_-_Matthew_Sides.pdf-and considered that Mr Sides’ misconduct was serious and his actions, engaging in ./Professional_conduct_panel_outcome_-_Matthew_Sides.pdf:sexual activity with a child aged 14, would have a negative impact on his status as a ./Professional_conduct_panel_outcome_-_Matthew_Sides.pdf-teacher and, further, as also set out below, would be likely to damage the public ./Professional_conduct_panel_outcome_-_Matthew_Sides.pdf-perception of teachers. ./Professional_conduct_panel_outcome_-_Matthew_Sides.pdf- ./Professional_conduct_panel_outcome_-_Matthew_Sides.pdf-The panel was satisfied that the proven allegations amounted to unacceptable ./Professional_conduct_panel_outcome_-_Matthew_Sides.pdf-professional conduct. ./Professional_conduct_panel_outcome_-_Matthew_Sides.pdf- ./Professional_conduct_panel_outcome_-_Matthew_Sides.pdf-In considering whether Mr Sides’ proven actions amounted to conduct that may bring the ./Professional_conduct_panel_outcome_-_Matthew_Sides.pdf-profession into disrepute, the panel took into account the way the teaching profession is ./Professional_conduct_panel_outcome_-_Matthew_Sides.pdf-viewed by others and considered the influence that teachers may have on pupils, parents ./Professional_conduct_panel_outcome_-_Matthew_Sides.pdf-and others in the community. The panel also took account of the uniquely influential role ./Professional_conduct_panel_outcome_-_Matthew_Sides.pdf-that teachers can hold in pupils’ lives and the fact that pupils must be able to view ./Professional_conduct_panel_outcome_-_Matthew_Sides.pdf-teachers as role models in the way they behave. ./Professional_conduct_panel_outcome_-_Matthew_Sides.pdf- ./Professional_conduct_panel_outcome_-_Matthew_Sides.pdf-The findings of misconduct were serious and the panel was in no doubt that the conduct ./Professional_conduct_panel_outcome_-_Matthew_Sides.pdf-displayed would be likely to have a negative impact on the individual’s status as a ./Professional_conduct_panel_outcome_-_Matthew_Sides.pdf-teacher, potentially damaging the public’s perception. The panel considered that the ./Professional_conduct_panel_outcome_-_Matthew_Sides.pdf-actions of Mr Sides fell well short of what the public would expect or tolerate of a teacher. ./Professional_conduct_panel_outcome_-_Matthew_Sides.pdf- ./Professional_conduct_panel_outcome_-_Matthew_Sides.pdf-Given the panel considered that the public would not accept or tolerate a teacher ./Professional_conduct_panel_outcome_-_Matthew_Sides.pdf:engaging in sexual activity with a child who was 14 or someone they believed to be 16 ./Professional_conduct_panel_outcome_-_Matthew_Sides.pdf-after a very short initial meeting. The panel also determined that the public trust in the ./Professional_conduct_panel_outcome_-_Matthew_Sides.pdf- ./Professional_conduct_panel_outcome_-_Matthew_Sides.pdf- ./Professional_conduct_panel_outcome_-_Matthew_Sides.pdf- ./Professional_conduct_panel_outcome_-_Matthew_Sides.pdf- 9 ./Professional_conduct_panel_outcome_-_Matthew_Sides.pdf- -- ./Professional_conduct_panel_outcome_-_Matthew_Sides.pdf-profession would also be negatively impacted if they discovered that a teacher had ./Professional_conduct_panel_outcome_-_Matthew_Sides.pdf:engaged in sexual activities in a public location and especially one in the local area. ./Professional_conduct_panel_outcome_-_Matthew_Sides.pdf- ./Professional_conduct_panel_outcome_-_Matthew_Sides.pdf-The panel therefore found that Mr Sides’ actions constituted conduct that may bring the ./Professional_conduct_panel_outcome_-_Matthew_Sides.pdf-profession into disrepute. ./Professional_conduct_panel_outcome_-_Matthew_Sides.pdf- ./Professional_conduct_panel_outcome_-_Matthew_Sides.pdf-In summary, having found the facts of particulars 1, 2 and 3 proved, the panel further ./Professional_conduct_panel_outcome_-_Matthew_Sides.pdf-found that Mr Sides’ conduct amounted to both unacceptable professional conduct and ./Professional_conduct_panel_outcome_-_Matthew_Sides.pdf-conduct that may bring the profession into disrepute. ./Professional_conduct_panel_outcome_-_Matthew_Sides.pdf- ./Professional_conduct_panel_outcome_-_Matthew_Sides.pdf- ./Professional_conduct_panel_outcome_-_Matthew_Sides.pdf-Panel’s recommendation to the Secretary of State -- ./Professional_conduct_panel_outcome_-_Matthew_Sides.pdf-conduct. ./Professional_conduct_panel_outcome_-_Matthew_Sides.pdf- ./Professional_conduct_panel_outcome_-_Matthew_Sides.pdf-The panel was in no doubt that public confidence in the profession would be seriously ./Professional_conduct_panel_outcome_-_Matthew_Sides.pdf-weakened if conduct, such as that found against Mr Sides, was not treated with the ./Professional_conduct_panel_outcome_-_Matthew_Sides.pdf-utmost seriousness when regulating the profession. ./Professional_conduct_panel_outcome_-_Matthew_Sides.pdf- ./Professional_conduct_panel_outcome_-_Matthew_Sides.pdf-The panel also decided that a strong public interest consideration in declaring proper ./Professional_conduct_panel_outcome_-_Matthew_Sides.pdf-standards of conduct in the profession was also present, as the conduct found against Mr ./Professional_conduct_panel_outcome_-_Matthew_Sides.pdf-Sides was so far beyond that which could reasonably be tolerated. ./Professional_conduct_panel_outcome_-_Matthew_Sides.pdf- ./Professional_conduct_panel_outcome_-_Matthew_Sides.pdf:In the light of the panel’s findings against Mr Sides which involved engaging in sexual ./Professional_conduct_panel_outcome_-_Matthew_Sides.pdf-activity with a 14-year-old child, there was a potential public interest consideration in ./Professional_conduct_panel_outcome_-_Matthew_Sides.pdf-respect of the protection of pupils. However, the panel considered the risk of Mr Sides ./Professional_conduct_panel_outcome_-_Matthew_Sides.pdf-repeating such misconduct to be limited as it was clear, on the documentary evidence ./Professional_conduct_panel_outcome_-_Matthew_Sides.pdf-provided, that he fully appreciated and accepted that his actions had been completely ./Professional_conduct_panel_outcome_-_Matthew_Sides.pdf-wrong and far removed from what was expected of a teacher. ./Professional_conduct_panel_outcome_-_Matthew_Sides.pdf- ./Professional_conduct_panel_outcome_-_Matthew_Sides.pdf- ./Professional_conduct_panel_outcome_-_Matthew_Sides.pdf- ./Professional_conduct_panel_outcome_-_Matthew_Sides.pdf- 10 ./Professional_conduct_panel_outcome_-_Matthew_Sides.pdf- -- ./Professional_conduct_panel_outcome_-_Matthew_Sides.pdf- ./Professional_conduct_panel_outcome_-_Matthew_Sides.pdf-In carrying out the balancing exercise, the panel had regard to the public interest ./Professional_conduct_panel_outcome_-_Matthew_Sides.pdf-considerations, as well as the interests of Mr Sides. The panel took further account of the ./Professional_conduct_panel_outcome_-_Matthew_Sides.pdf-Advice, which suggests that a prohibition order may be appropriate if certain behaviours ./Professional_conduct_panel_outcome_-_Matthew_Sides.pdf-of a teacher have been proved. In the list of such behaviours, those that are relevant in ./Professional_conduct_panel_outcome_-_Matthew_Sides.pdf-this case are: ./Professional_conduct_panel_outcome_-_Matthew_Sides.pdf- ./Professional_conduct_panel_outcome_-_Matthew_Sides.pdf- • serious departure from the personal and professional conduct elements of the ./Professional_conduct_panel_outcome_-_Matthew_Sides.pdf- Teachers’ Standards; ./Professional_conduct_panel_outcome_-_Matthew_Sides.pdf- ./Professional_conduct_panel_outcome_-_Matthew_Sides.pdf: • sexual misconduct, for example, involving actions that were sexually motivated or ./Professional_conduct_panel_outcome_-_Matthew_Sides.pdf: of a sexual nature…; ./Professional_conduct_panel_outcome_-_Matthew_Sides.pdf- ./Professional_conduct_panel_outcome_-_Matthew_Sides.pdf:The panel considered the proven misconduct of Mr Sides, engaging in sexual activity ./Professional_conduct_panel_outcome_-_Matthew_Sides.pdf-with a child aged 14 (albeit Mr Sides believed the child was 16), to be of the utmost ./Professional_conduct_panel_outcome_-_Matthew_Sides.pdf-seriousness and certainly a serious departure from the basic tenets of what is expected, ./Professional_conduct_panel_outcome_-_Matthew_Sides.pdf-and required, of an adult and especially someone in the teaching profession. ./Professional_conduct_panel_outcome_-_Matthew_Sides.pdf- ./Professional_conduct_panel_outcome_-_Matthew_Sides.pdf-Even though some of the behaviour found proved in this case indicated that a prohibition ./Professional_conduct_panel_outcome_-_Matthew_Sides.pdf-order would be appropriate, the panel went on to consider the mitigating factors. ./Professional_conduct_panel_outcome_-_Matthew_Sides.pdf-Mitigating factors may indicate that a prohibition order would not be appropriate or ./Professional_conduct_panel_outcome_-_Matthew_Sides.pdf-proportionate. ./Professional_conduct_panel_outcome_-_Matthew_Sides.pdf- ./Professional_conduct_panel_outcome_-_Matthew_Sides.pdf-The panel considered that Mr Sides’ actions had not been deliberate in terms of ./Professional_conduct_panel_outcome_-_Matthew_Sides.pdf:engaging in sexual activity with a child under the age of 16. However, as mentioned ./Professional_conduct_panel_outcome_-_Matthew_Sides.pdf-earlier, the panel was very concerned that Mr Sides, as someone who taught children, ./Professional_conduct_panel_outcome_-_Matthew_Sides.pdf:considered it acceptable to proceed with a sexual relationship with someone he believed ./Professional_conduct_panel_outcome_-_Matthew_Sides.pdf-to be 16. The panel determined this was an act of extreme poor judgement on the part of ./Professional_conduct_panel_outcome_-_Matthew_Sides.pdf-Mr Sides. ./Professional_conduct_panel_outcome_-_Matthew_Sides.pdf- ./Professional_conduct_panel_outcome_-_Matthew_Sides.pdf- ./Professional_conduct_panel_outcome_-_Matthew_Sides.pdf- ./Professional_conduct_panel_outcome_-_Matthew_Sides.pdf- 11 ./Professional_conduct_panel_outcome_-_Matthew_Sides.pdf- -- ./Professional_conduct_panel_outcome_-_Matthew_Sides.pdf- profession. He has successfully worked with children around the world, but ./Professional_conduct_panel_outcome_-_Matthew_Sides.pdf- his biggest impact has been on the young people of EGA. His loss has ./Professional_conduct_panel_outcome_-_Matthew_Sides.pdf- been felt throughout the School.” ./Professional_conduct_panel_outcome_-_Matthew_Sides.pdf- ./Professional_conduct_panel_outcome_-_Matthew_Sides.pdf-The panel considered upon review of the documents within the bundle that Mr Sides had ./Professional_conduct_panel_outcome_-_Matthew_Sides.pdf-been fully cooperative and honest throughout the entire process. Mr Sides had himself ./Professional_conduct_panel_outcome_-_Matthew_Sides.pdf-called the police on the day he had discovered that Child A was in fact not 16 but 14. In ./Professional_conduct_panel_outcome_-_Matthew_Sides.pdf-addition, Mr Sides had emailed the School to inform them of the allegations that had ./Professional_conduct_panel_outcome_-_Matthew_Sides.pdf-been made against him at the earliest available opportunity. However, credible as Mr ./Professional_conduct_panel_outcome_-_Matthew_Sides.pdf-Sides’ actions were following a difficult meeting with Child A’s family members, the panel ./Professional_conduct_panel_outcome_-_Matthew_Sides.pdf:concluded this did not negate the seriousness that Mr Sides had engaged in sexual ./Professional_conduct_panel_outcome_-_Matthew_Sides.pdf-activity with a child aged 14. ./Professional_conduct_panel_outcome_-_Matthew_Sides.pdf- ./Professional_conduct_panel_outcome_-_Matthew_Sides.pdf-The panel considered the evidence within the bundle, and Mr Sides’ witness statement ./Professional_conduct_panel_outcome_-_Matthew_Sides.pdf-suggested that he was very remorseful for his actions and accepted that what he had ./Professional_conduct_panel_outcome_-_Matthew_Sides.pdf-done had been wrong and careless. It was clear from Mr Sides’ witness statement that ./Professional_conduct_panel_outcome_-_Matthew_Sides.pdf-he was aware of the impact that his misconduct had on Child A and could continue to ./Professional_conduct_panel_outcome_-_Matthew_Sides.pdf-have in the future. Mr Sides had also reflected on how his misconduct could have ./Professional_conduct_panel_outcome_-_Matthew_Sides.pdf-negatively impacted the School in which he had taught and the teaching profession ./Professional_conduct_panel_outcome_-_Matthew_Sides.pdf-generally. ./Professional_conduct_panel_outcome_-_Matthew_Sides.pdf- ./Professional_conduct_panel_outcome_-_Matthew_Sides.pdf-In his witness statement, Mr Sides also displayed some insight into why he had made ./Professional_conduct_panel_outcome_-_Matthew_Sides.pdf-such poor decisions and what he needed to do differently to make sure he never made ./Professional_conduct_panel_outcome_-_Matthew_Sides.pdf-such poor decisions again. He has taken time to reflect on his personal life and has taken ./Professional_conduct_panel_outcome_-_Matthew_Sides.pdf:steps to educate himself on how to have a better approach to sex and relationships in the ./Professional_conduct_panel_outcome_-_Matthew_Sides.pdf- ./Professional_conduct_panel_outcome_-_Matthew_Sides.pdf- 12 ./Professional_conduct_panel_outcome_-_Matthew_Sides.pdf- -- ./Professional_conduct_panel_outcome_-_Matthew_Sides.pdf-prohibition order should be imposed with immediate effect. ./Professional_conduct_panel_outcome_-_Matthew_Sides.pdf- ./Professional_conduct_panel_outcome_-_Matthew_Sides.pdf-The panel went on to consider whether or not it would be appropriate to recommend that ./Professional_conduct_panel_outcome_-_Matthew_Sides.pdf-a review period of the order should be considered. The panel was mindful that the Advice ./Professional_conduct_panel_outcome_-_Matthew_Sides.pdf-states that a prohibition order applies for life, but there may be circumstances, in any ./Professional_conduct_panel_outcome_-_Matthew_Sides.pdf-given case, that may make it appropriate to allow a teacher to apply to have the ./Professional_conduct_panel_outcome_-_Matthew_Sides.pdf-prohibition order reviewed after a specified period of time that may not be less than two ./Professional_conduct_panel_outcome_-_Matthew_Sides.pdf-years. ./Professional_conduct_panel_outcome_-_Matthew_Sides.pdf- ./Professional_conduct_panel_outcome_-_Matthew_Sides.pdf-The Advice indicates that there are behaviours that, if proved, would militate against the ./Professional_conduct_panel_outcome_-_Matthew_Sides.pdf:recommendation of a review period. One of these behaviours include serious sexual ./Professional_conduct_panel_outcome_-_Matthew_Sides.pdf:misconduct, such as where the act was sexually motivated and resulted in or had the ./Professional_conduct_panel_outcome_-_Matthew_Sides.pdf-potential to result in, harm to a person or persons, particularly where the individual has ./Professional_conduct_panel_outcome_-_Matthew_Sides.pdf-used his professional position to influence or exploit a person or persons. The panel ./Professional_conduct_panel_outcome_-_Matthew_Sides.pdf- ./Professional_conduct_panel_outcome_-_Matthew_Sides.pdf- 13 ./Professional_conduct_panel_outcome_-_Matthew_Sides.pdf- -- ./Professional_conduct_panel_outcome_-_Matthew_Sides.pdf:found Mr Sides’ engaged in serious sexual misconduct involving a child but did not ./Professional_conduct_panel_outcome_-_Matthew_Sides.pdf-consider that Mr Sides had used his teaching position to influence or exploit a person or ./Professional_conduct_panel_outcome_-_Matthew_Sides.pdf-persons. ./Professional_conduct_panel_outcome_-_Matthew_Sides.pdf- ./Professional_conduct_panel_outcome_-_Matthew_Sides.pdf-The panel considered that Mr Sides’ actions were at the far end of the spectrum of ./Professional_conduct_panel_outcome_-_Matthew_Sides.pdf-seriousness but also considered that there may be a time in the future that he would be ./Professional_conduct_panel_outcome_-_Matthew_Sides.pdf-able to contribute once again to the teaching profession. ./Professional_conduct_panel_outcome_-_Matthew_Sides.pdf- ./Professional_conduct_panel_outcome_-_Matthew_Sides.pdf-The panel decided that the findings indicated a situation in which a review period would ./Professional_conduct_panel_outcome_-_Matthew_Sides.pdf-be appropriate. The panel decided that it would be proportionate in all the circumstances ./Professional_conduct_panel_outcome_-_Matthew_Sides.pdf-for the prohibition order to be recommended with provision for a five-year review period. -- ./Professional_conduct_panel_outcome_-_Matthew_Sides.pdf- and at all times observing proper boundaries appropriate to a teacher’s ./Professional_conduct_panel_outcome_-_Matthew_Sides.pdf- professional position ./Professional_conduct_panel_outcome_-_Matthew_Sides.pdf- ./Professional_conduct_panel_outcome_-_Matthew_Sides.pdf- • Teachers must have an understanding of, and always act within, the statutory ./Professional_conduct_panel_outcome_-_Matthew_Sides.pdf- frameworks which set out their professional duties and responsibilities. ./Professional_conduct_panel_outcome_-_Matthew_Sides.pdf- ./Professional_conduct_panel_outcome_-_Matthew_Sides.pdf-The panel finds that the conduct of Mr Sides fell significantly short of the standards ./Professional_conduct_panel_outcome_-_Matthew_Sides.pdf-expected of the profession. ./Professional_conduct_panel_outcome_-_Matthew_Sides.pdf- ./Professional_conduct_panel_outcome_-_Matthew_Sides.pdf-The findings of misconduct are particularly serious as they include a finding that involved ./Professional_conduct_panel_outcome_-_Matthew_Sides.pdf:engaging in sexual activity with a 14-year-old child (believed to be 16 years old). ./Professional_conduct_panel_outcome_-_Matthew_Sides.pdf- ./Professional_conduct_panel_outcome_-_Matthew_Sides.pdf- 14 ./Professional_conduct_panel_outcome_-_Matthew_Sides.pdf- -- ./Professional_conduct_panel_outcome_-_Matthew_Sides.pdf-I have also taken into account the panel’s comments on insight and remorse, which the ./Professional_conduct_panel_outcome_-_Matthew_Sides.pdf-panel sets out as follows, “Mr Sides’ witness statement suggested that he was very ./Professional_conduct_panel_outcome_-_Matthew_Sides.pdf-remorseful for his actions and accepted that what he had done had been wrong and ./Professional_conduct_panel_outcome_-_Matthew_Sides.pdf-careless. It was clear from Mr Sides’ witness statement that he was aware of the impact ./Professional_conduct_panel_outcome_-_Matthew_Sides.pdf-that his misconduct had on Child A and could continue to have in the future. Mr Sides ./Professional_conduct_panel_outcome_-_Matthew_Sides.pdf-had also reflected on how his misconduct could have negatively impacted the School in ./Professional_conduct_panel_outcome_-_Matthew_Sides.pdf-which he had taught and the teaching profession generally.” ./Professional_conduct_panel_outcome_-_Matthew_Sides.pdf- ./Professional_conduct_panel_outcome_-_Matthew_Sides.pdf-I have gone on to consider the extent to which a prohibition order would maintain public ./Professional_conduct_panel_outcome_-_Matthew_Sides.pdf-confidence in the profession. The panel observe, “In the light of the panel’s findings ./Professional_conduct_panel_outcome_-_Matthew_Sides.pdf:against Mr Sides which involved engaging in sexual activity with a 14-year-old child, ./Professional_conduct_panel_outcome_-_Matthew_Sides.pdf-there was a potential public interest consideration in respect of the protection of pupils. ./Professional_conduct_panel_outcome_-_Matthew_Sides.pdf-However, the panel considered the risk of Mr Sides repeating such misconduct to be ./Professional_conduct_panel_outcome_-_Matthew_Sides.pdf-limited as it was clear, on the documentary evidence provided, that he fully appreciated ./Professional_conduct_panel_outcome_-_Matthew_Sides.pdf-and accepted that his actions had been completely wrong and far removed from what ./Professional_conduct_panel_outcome_-_Matthew_Sides.pdf-was expected of a teacher.” ./Professional_conduct_panel_outcome_-_Matthew_Sides.pdf- ./Professional_conduct_panel_outcome_-_Matthew_Sides.pdf-I have had to consider that the public has a high expectation of professional standards of ./Professional_conduct_panel_outcome_-_Matthew_Sides.pdf-all teachers and that the public might regard a failure to impose a prohibition order as a ./Professional_conduct_panel_outcome_-_Matthew_Sides.pdf-failure to uphold those high standards. In weighing these considerations, I have had to ./Professional_conduct_panel_outcome_-_Matthew_Sides.pdf-consider the matter from the point of view of an “ordinary intelligent and well-informed -- ./Professional_conduct_panel_outcome_-_Matthew_Sides.pdf-history as a teacher, which was short given his limited experience. However, the panel ./Professional_conduct_panel_outcome_-_Matthew_Sides.pdf-concluded that very little evidence had been submitted to support this.” A prohibition ./Professional_conduct_panel_outcome_-_Matthew_Sides.pdf-order would prevent Mr Sides from teaching. A prohibition order would also clearly ./Professional_conduct_panel_outcome_-_Matthew_Sides.pdf-deprive the public of his contribution to the profession for the period that it is in force. ./Professional_conduct_panel_outcome_-_Matthew_Sides.pdf- ./Professional_conduct_panel_outcome_-_Matthew_Sides.pdf-In this case, I have placed considerable weight on the panel’s comments “the proven ./Professional_conduct_panel_outcome_-_Matthew_Sides.pdf:misconduct of Mr Sides, engaging in sexual activity with a child aged 14 (albeit Mr Sides ./Professional_conduct_panel_outcome_-_Matthew_Sides.pdf-believed the child was 16), to be of the utmost seriousness and certainly a serious ./Professional_conduct_panel_outcome_-_Matthew_Sides.pdf-departure from the basic tenets of what is expected, and required, of an adult and ./Professional_conduct_panel_outcome_-_Matthew_Sides.pdf-especially someone in the teaching profession.” ./Professional_conduct_panel_outcome_-_Matthew_Sides.pdf- ./Professional_conduct_panel_outcome_-_Matthew_Sides.pdf-In additional I have placed weight on the impact of the findings on the profession and the ./Professional_conduct_panel_outcome_-_Matthew_Sides.pdf-panel comment “Given the panel considered that the public would not accept or tolerate a ./Professional_conduct_panel_outcome_-_Matthew_Sides.pdf:teacher engaging in sexual activity with a child who was 14 or someone they believed to ./Professional_conduct_panel_outcome_-_Matthew_Sides.pdf-be 16 after a very short initial meeting. The panel also determined that the public trust in ./Professional_conduct_panel_outcome_-_Matthew_Sides.pdf-the profession would also be negatively impacted if they discovered that a teacher had ./Professional_conduct_panel_outcome_-_Matthew_Sides.pdf:engaged in sexual activities in a public location and especially one in the local area.” ./Professional_conduct_panel_outcome_-_Matthew_Sides.pdf- ./Professional_conduct_panel_outcome_-_Matthew_Sides.pdf-I have given less weight in my consideration of sanction therefore, to the contribution that ./Professional_conduct_panel_outcome_-_Matthew_Sides.pdf-Mr Sides has made to the profession. In my view, it is necessary to impose a prohibition ./Professional_conduct_panel_outcome_-_Matthew_Sides.pdf-order in order to maintain public confidence in the profession. A published decision, in ./Professional_conduct_panel_outcome_-_Matthew_Sides.pdf-light of the circumstances in this case, does not in my view satisfy the public interest ./Professional_conduct_panel_outcome_-_Matthew_Sides.pdf-requirement concerning public confidence in the profession. ./Professional_conduct_panel_outcome_-_Matthew_Sides.pdf- ./Professional_conduct_panel_outcome_-_Matthew_Sides.pdf-For these reasons, I have concluded that a prohibition order is proportionate and in the ./Professional_conduct_panel_outcome_-_Matthew_Sides.pdf-public interest in order to achieve the intended aims of a prohibition order. ./Professional_conduct_panel_outcome_-_Matthew_Sides.pdf- -- ./Professional_conduct_panel_outcome_-_Matthew_Sides.pdf-were at the far end of the spectrum of seriousness but also considered that there may be ./Professional_conduct_panel_outcome_-_Matthew_Sides.pdf-a time in the future that he would be able to contribute once again to the teaching ./Professional_conduct_panel_outcome_-_Matthew_Sides.pdf-profession.” ./Professional_conduct_panel_outcome_-_Matthew_Sides.pdf- ./Professional_conduct_panel_outcome_-_Matthew_Sides.pdf-I have considered whether a 5 year review period reflects the seriousness of the findings ./Professional_conduct_panel_outcome_-_Matthew_Sides.pdf-and is a proportionate period to achieve the aim of maintaining public confidence in the ./Professional_conduct_panel_outcome_-_Matthew_Sides.pdf-profession. In this case, a number of factors mean that a two-year review period is not ./Professional_conduct_panel_outcome_-_Matthew_Sides.pdf-sufficient to achieve the aim of maintaining public confidence in the profession. These ./Professional_conduct_panel_outcome_-_Matthew_Sides.pdf-elements are the seriousness of the findings and the impact on the profession. ./Professional_conduct_panel_outcome_-_Matthew_Sides.pdf- ./Professional_conduct_panel_outcome_-_Matthew_Sides.pdf:I recognise the serious nature of this case and that Mr Sides admitted to having sexual ./Professional_conduct_panel_outcome_-_Matthew_Sides.pdf-activity with a 14 year old child, and I recognise the significant impact that could have on ./Professional_conduct_panel_outcome_-_Matthew_Sides.pdf-maintaining public trust in the profession. In my view the panel have given ./Professional_conduct_panel_outcome_-_Matthew_Sides.pdf-disproportionate weight to the mitigating circumstances in this case, along with their ./Professional_conduct_panel_outcome_-_Matthew_Sides.pdf- ./Professional_conduct_panel_outcome_-_Matthew_Sides.pdf- 16 ./Professional_conduct_panel_outcome_-_Matthew_Sides.pdf- -- ./Professional_conduct_panel_outcome_-_Matthew_Sides.pdf-consideration of the insight and remorse shown. Therefore I do not support the panel’s ./Professional_conduct_panel_outcome_-_Matthew_Sides.pdf-recommendation. ./Professional_conduct_panel_outcome_-_Matthew_Sides.pdf- ./Professional_conduct_panel_outcome_-_Matthew_Sides.pdf:The fact that Mr Sides proceeded to engage in sexual relations with Child A, someone he ./Professional_conduct_panel_outcome_-_Matthew_Sides.pdf-met briefly on a social media platform, without taking responsibility to check the correct ./Professional_conduct_panel_outcome_-_Matthew_Sides.pdf-age posed a risk to the child, himself, the school and the profession. ./Professional_conduct_panel_outcome_-_Matthew_Sides.pdf- ./Professional_conduct_panel_outcome_-_Matthew_Sides.pdf-I consider therefore that allowing for no review period is necessary to maintain public ./Professional_conduct_panel_outcome_-_Matthew_Sides.pdf-confidence and is proportionate and in the public interest. ./Professional_conduct_panel_outcome_-_Matthew_Sides.pdf- ./Professional_conduct_panel_outcome_-_Matthew_Sides.pdf-This means that Mr Matthew Sides is prohibited from teaching indefinitely and ./Professional_conduct_panel_outcome_-_Matthew_Sides.pdf-cannot teach in any school, sixth form college, relevant youth accommodation or ./Professional_conduct_panel_outcome_-_Matthew_Sides.pdf-children’s home in England. Furthermore, in view of the seriousness of the allegations ./Professional_conduct_panel_outcome_-_Matthew_Sides.pdf-found proved against him, I have decided that Mr Matthew Sides shall not be entitled to ./Professional_conduct_panel_outcome_-_Mr_Stefan_Goncalves_FINAL.pdf- 2. ‘I’ve never really seen you as a student but more as a little brother!’; ./Professional_conduct_panel_outcome_-_Mr_Stefan_Goncalves_FINAL.pdf- 3. ‘I’ve never connected with a child like I have with you…’ ./Professional_conduct_panel_outcome_-_Mr_Stefan_Goncalves_FINAL.pdf- 4. ‘You are a very special person!’ ./Professional_conduct_panel_outcome_-_Mr_Stefan_Goncalves_FINAL.pdf- ii. When Pupil E was no longer a pupil, asking to meet him outside of school ./Professional_conduct_panel_outcome_-_Mr_Stefan_Goncalves_FINAL.pdf- hours and/or take him for lunch; ./Professional_conduct_panel_outcome_-_Mr_Stefan_Goncalves_FINAL.pdf- iii. Giving him a present. ./Professional_conduct_panel_outcome_-_Mr_Stefan_Goncalves_FINAL.pdf- ./Professional_conduct_panel_outcome_-_Mr_Stefan_Goncalves_FINAL.pdf- e) By taking photographs and/or videos of Pupil A and/or Pupil B and/or Pupil C ./Professional_conduct_panel_outcome_-_Mr_Stefan_Goncalves_FINAL.pdf- and/or Pupil D and/or Pupil E on his personal mobile phone. ./Professional_conduct_panel_outcome_-_Mr_Stefan_Goncalves_FINAL.pdf- ./Professional_conduct_panel_outcome_-_Mr_Stefan_Goncalves_FINAL.pdf:2. His conduct at allegation 1a and 1b, if proven, was conduct of a sexual nature and/or ./Professional_conduct_panel_outcome_-_Mr_Stefan_Goncalves_FINAL.pdf: was sexually motivated. ./Professional_conduct_panel_outcome_-_Mr_Stefan_Goncalves_FINAL.pdf- ./Professional_conduct_panel_outcome_-_Mr_Stefan_Goncalves_FINAL.pdf-3. One or more elements of his behaviour as may be found proven at 1 above were ./Professional_conduct_panel_outcome_-_Mr_Stefan_Goncalves_FINAL.pdf- contrary to specific advice and/or guidance he had been given as part of a first formal ./Professional_conduct_panel_outcome_-_Mr_Stefan_Goncalves_FINAL.pdf- written warning on or around 28 March 2018. ./Professional_conduct_panel_outcome_-_Mr_Stefan_Goncalves_FINAL.pdf- ./Professional_conduct_panel_outcome_-_Mr_Stefan_Goncalves_FINAL.pdf-Mr Goncalves provided no admission of fact to the TRA. However, the panel noted that ./Professional_conduct_panel_outcome_-_Mr_Stefan_Goncalves_FINAL.pdf-Mr Goncalves, as part of a police investigation, admitted a number of the allegations, ./Professional_conduct_panel_outcome_-_Mr_Stefan_Goncalves_FINAL.pdf:although he denied being sexually attracted to children. ./Professional_conduct_panel_outcome_-_Mr_Stefan_Goncalves_FINAL.pdf- ./Professional_conduct_panel_outcome_-_Mr_Stefan_Goncalves_FINAL.pdf- ./Professional_conduct_panel_outcome_-_Mr_Stefan_Goncalves_FINAL.pdf- ./Professional_conduct_panel_outcome_-_Mr_Stefan_Goncalves_FINAL.pdf- ./Professional_conduct_panel_outcome_-_Mr_Stefan_Goncalves_FINAL.pdf- 5 ./Professional_conduct_panel_outcome_-_Mr_Stefan_Goncalves_FINAL.pdf- -- ./Professional_conduct_panel_outcome_-_Mr_Stefan_Goncalves_FINAL.pdf-On 28 March 2018, an official written warning and guidance was provided to Mr ./Professional_conduct_panel_outcome_-_Mr_Stefan_Goncalves_FINAL.pdf-Goncalves in respect of his conduct towards pupils and he attended additional ./Professional_conduct_panel_outcome_-_Mr_Stefan_Goncalves_FINAL.pdf-safeguarding training on 17 April 2018. ./Professional_conduct_panel_outcome_-_Mr_Stefan_Goncalves_FINAL.pdf- ./Professional_conduct_panel_outcome_-_Mr_Stefan_Goncalves_FINAL.pdf-Between 25 May 2018 and 29 May 2018, employees at the School raised concerns ./Professional_conduct_panel_outcome_-_Mr_Stefan_Goncalves_FINAL.pdf-about Mr Goncalves’ conduct towards Pupil A. ./Professional_conduct_panel_outcome_-_Mr_Stefan_Goncalves_FINAL.pdf- ./Professional_conduct_panel_outcome_-_Mr_Stefan_Goncalves_FINAL.pdf:Between May and September 2018, police investigated an offence of sexual assault. No ./Professional_conduct_panel_outcome_-_Mr_Stefan_Goncalves_FINAL.pdf-further action was taken. ./Professional_conduct_panel_outcome_-_Mr_Stefan_Goncalves_FINAL.pdf- ./Professional_conduct_panel_outcome_-_Mr_Stefan_Goncalves_FINAL.pdf-On 28 September 2018, Mr Goncalves resigned from his position at the School with ./Professional_conduct_panel_outcome_-_Mr_Stefan_Goncalves_FINAL.pdf-immediate effect. ./Professional_conduct_panel_outcome_-_Mr_Stefan_Goncalves_FINAL.pdf- ./Professional_conduct_panel_outcome_-_Mr_Stefan_Goncalves_FINAL.pdf-Findings of fact ./Professional_conduct_panel_outcome_-_Mr_Stefan_Goncalves_FINAL.pdf- ./Professional_conduct_panel_outcome_-_Mr_Stefan_Goncalves_FINAL.pdf-The findings of fact are as follows: ./Professional_conduct_panel_outcome_-_Mr_Stefan_Goncalves_FINAL.pdf- ./Professional_conduct_panel_outcome_-_Mr_Stefan_Goncalves_FINAL.pdf-The panel found the following particulars of the allegations against you proved, for these -- ./Professional_conduct_panel_outcome_-_Mr_Stefan_Goncalves_FINAL.pdf-evaluation meeting to consider concerns which had been raised in relation to Mr ./Professional_conduct_panel_outcome_-_Mr_Stefan_Goncalves_FINAL.pdf-Goncalves. Following the report, the headteacher of the School identified CCTV footage ./Professional_conduct_panel_outcome_-_Mr_Stefan_Goncalves_FINAL.pdf-which showed Mr Goncalves engaging in physical contact with Pupil A. Witness I was ./Professional_conduct_panel_outcome_-_Mr_Stefan_Goncalves_FINAL.pdf-allocated the case and made arrangements to visit the School. ./Professional_conduct_panel_outcome_-_Mr_Stefan_Goncalves_FINAL.pdf- ./Professional_conduct_panel_outcome_-_Mr_Stefan_Goncalves_FINAL.pdf-On 6 June 2018, Witness I attended the School and met with Witness F. Witness I. ./Professional_conduct_panel_outcome_-_Mr_Stefan_Goncalves_FINAL.pdf-Witness I viewed and was provided with copies of the CCTV footage. Upon viewing the ./Professional_conduct_panel_outcome_-_Mr_Stefan_Goncalves_FINAL.pdf-CCTV footage, Witness I felt that contact between Mr Goncalves and Pupil A was overly ./Professional_conduct_panel_outcome_-_Mr_Stefan_Goncalves_FINAL.pdf-close. The CCTV showed Mr Goncalves touching Pupil A by hugging, stroking his face, ./Professional_conduct_panel_outcome_-_Mr_Stefan_Goncalves_FINAL.pdf-instigating holding his hand, whispering/kissing his ear and disappearing into a container ./Professional_conduct_panel_outcome_-_Mr_Stefan_Goncalves_FINAL.pdf:for some time. Witness I considered the CCTV to show sexual assault by touching. ./Professional_conduct_panel_outcome_-_Mr_Stefan_Goncalves_FINAL.pdf-During the school visit, Witness I also spoke to Pupil A; Witness I reported that Pupil A ./Professional_conduct_panel_outcome_-_Mr_Stefan_Goncalves_FINAL.pdf-appeared to be very cagey about Mr Goncalves, stating that Mr Goncalves “hugs him ./Professional_conduct_panel_outcome_-_Mr_Stefan_Goncalves_FINAL.pdf-and it is wrong”. ./Professional_conduct_panel_outcome_-_Mr_Stefan_Goncalves_FINAL.pdf- ./Professional_conduct_panel_outcome_-_Mr_Stefan_Goncalves_FINAL.pdf-Witness I explained that on 13 June 2018, Mr Goncalves attended the police station and ./Professional_conduct_panel_outcome_-_Mr_Stefan_Goncalves_FINAL.pdf-was interviewed under caution. The panel noted the transcript of this interview, which ./Professional_conduct_panel_outcome_-_Mr_Stefan_Goncalves_FINAL.pdf-was submitted as part of the bundle. Witness I submitted that Mr Goncalves stated that ./Professional_conduct_panel_outcome_-_Mr_Stefan_Goncalves_FINAL.pdf-he accepted that his behaviour breached a warning he was given by the School in March ./Professional_conduct_panel_outcome_-_Mr_Stefan_Goncalves_FINAL.pdf:2018, about being alone with pupils. Mr Goncalves, however, denied being sexually ./Professional_conduct_panel_outcome_-_Mr_Stefan_Goncalves_FINAL.pdf-attracted to children. Mr Goncalves accepted, when asked whether someone watching ./Professional_conduct_panel_outcome_-_Mr_Stefan_Goncalves_FINAL.pdf-the incident with Pupil A when sitting at the dining table, could construe the situation as ./Professional_conduct_panel_outcome_-_Mr_Stefan_Goncalves_FINAL.pdf-odd, responded by stating, “yes, I understand that perception”. ./Professional_conduct_panel_outcome_-_Mr_Stefan_Goncalves_FINAL.pdf- ./Professional_conduct_panel_outcome_-_Mr_Stefan_Goncalves_FINAL.pdf-The panel noted the transcripts of Mr Goncalves’ interviews with both the School and the ./Professional_conduct_panel_outcome_-_Mr_Stefan_Goncalves_FINAL.pdf-police. Within those interviews, and in particular the police interview, Mr Goncalves made ./Professional_conduct_panel_outcome_-_Mr_Stefan_Goncalves_FINAL.pdf-a number of admissions in respect of his conduct with Pupil A. Within the police interview ./Professional_conduct_panel_outcome_-_Mr_Stefan_Goncalves_FINAL.pdf-Mr Goncalves admitted that he had held Pupil A’s hand once or twice, stroked his hair, ./Professional_conduct_panel_outcome_-_Mr_Stefan_Goncalves_FINAL.pdf-hugged him on many occasions, made a bet with him and bought him, and three others, ./Professional_conduct_panel_outcome_-_Mr_Stefan_Goncalves_FINAL.pdf-an extra Christmas present to thank them for the hard work they’d put in throughout the -- ./Professional_conduct_panel_outcome_-_Mr_Stefan_Goncalves_FINAL.pdf- ./Professional_conduct_panel_outcome_-_Mr_Stefan_Goncalves_FINAL.pdf-The panel had also been provided with the card which Mr Goncalves had sent to Pupil E ./Professional_conduct_panel_outcome_-_Mr_Stefan_Goncalves_FINAL.pdf-when he left the School which featured several photos of pupils, and in particular Pupil E. ./Professional_conduct_panel_outcome_-_Mr_Stefan_Goncalves_FINAL.pdf- ./Professional_conduct_panel_outcome_-_Mr_Stefan_Goncalves_FINAL.pdf-On the basis of Witness I’s clear witness evidence and Mr Goncalves’ admission during ./Professional_conduct_panel_outcome_-_Mr_Stefan_Goncalves_FINAL.pdf-his police interview, the panel found allegation 1(e) factually proven. Further the panel ./Professional_conduct_panel_outcome_-_Mr_Stefan_Goncalves_FINAL.pdf-found that there was no legitimate reason for Mr Goncalves to take and keep these ./Professional_conduct_panel_outcome_-_Mr_Stefan_Goncalves_FINAL.pdf-photos such that to do so amounted to a failure to maintain appropriate professional ./Professional_conduct_panel_outcome_-_Mr_Stefan_Goncalves_FINAL.pdf-boundaries. ./Professional_conduct_panel_outcome_-_Mr_Stefan_Goncalves_FINAL.pdf- ./Professional_conduct_panel_outcome_-_Mr_Stefan_Goncalves_FINAL.pdf:2. Your conduct at allegation 1a and 1b, if proven, was conduct of a sexual nature ./Professional_conduct_panel_outcome_-_Mr_Stefan_Goncalves_FINAL.pdf: and/or was sexually motivated. ./Professional_conduct_panel_outcome_-_Mr_Stefan_Goncalves_FINAL.pdf- ./Professional_conduct_panel_outcome_-_Mr_Stefan_Goncalves_FINAL.pdf-Having found allegation 1(a) and 1(b) proven, the panel went on to consider whether Mr ./Professional_conduct_panel_outcome_-_Mr_Stefan_Goncalves_FINAL.pdf:Goncalves’ conduct was conduct of a sexual nature and/or was sexually motivated. The ./Professional_conduct_panel_outcome_-_Mr_Stefan_Goncalves_FINAL.pdf-panel noted that Mr Goncalves, during the police investigation, denied that he was ./Professional_conduct_panel_outcome_-_Mr_Stefan_Goncalves_FINAL.pdf:sexually attracted to pupils. ./Professional_conduct_panel_outcome_-_Mr_Stefan_Goncalves_FINAL.pdf- ./Professional_conduct_panel_outcome_-_Mr_Stefan_Goncalves_FINAL.pdf-The panel’s attention was drawn to section 78 Sexual Offences Act 2003 and to the ./Professional_conduct_panel_outcome_-_Mr_Stefan_Goncalves_FINAL.pdf-cases of Sait v The General Medical Council [2018], Basson v General Medical Council ./Professional_conduct_panel_outcome_-_Mr_Stefan_Goncalves_FINAL.pdf-[2018] and The General Medical Council v Haris [2020] EWHC 2518. ./Professional_conduct_panel_outcome_-_Mr_Stefan_Goncalves_FINAL.pdf- ./Professional_conduct_panel_outcome_-_Mr_Stefan_Goncalves_FINAL.pdf:The panel considered whether the conduct was sexually motivated. It noted that in ./Professional_conduct_panel_outcome_-_Mr_Stefan_Goncalves_FINAL.pdf:Basson it was stated that “A sexual motive means that the conduct was done either in ./Professional_conduct_panel_outcome_-_Mr_Stefan_Goncalves_FINAL.pdf:pursuit of sexual gratification or in pursuit of a sexual relationship”. ./Professional_conduct_panel_outcome_-_Mr_Stefan_Goncalves_FINAL.pdf- ./Professional_conduct_panel_outcome_-_Mr_Stefan_Goncalves_FINAL.pdf- ./Professional_conduct_panel_outcome_-_Mr_Stefan_Goncalves_FINAL.pdf- ./Professional_conduct_panel_outcome_-_Mr_Stefan_Goncalves_FINAL.pdf- 33 ./Professional_conduct_panel_outcome_-_Mr_Stefan_Goncalves_FINAL.pdf- -- ./Professional_conduct_panel_outcome_-_Mr_Stefan_Goncalves_FINAL.pdf-The panel was also mindful of the Court of Appeal’s conclusion in General Medical ./Professional_conduct_panel_outcome_-_Mr_Stefan_Goncalves_FINAL.pdf-Council v Haris [2021] EWCA Civ 763. The court found in that case that, “In the absence ./Professional_conduct_panel_outcome_-_Mr_Stefan_Goncalves_FINAL.pdf-of a plausible innocent explanation for what he did, the facts spoke for themselves.” ./Professional_conduct_panel_outcome_-_Mr_Stefan_Goncalves_FINAL.pdf- ./Professional_conduct_panel_outcome_-_Mr_Stefan_Goncalves_FINAL.pdf-The panel found that some of the conduct found proven at allegations 1(a) and 1(b) was ./Professional_conduct_panel_outcome_-_Mr_Stefan_Goncalves_FINAL.pdf:inherently sexual. This included stroking Pupil A’s leg and touching Pupil B’s inner thigh. ./Professional_conduct_panel_outcome_-_Mr_Stefan_Goncalves_FINAL.pdf:In addition, some of the conduct could be deemed to be in pursuit of a sexual ./Professional_conduct_panel_outcome_-_Mr_Stefan_Goncalves_FINAL.pdf-relationship, including: holding Pupil A’s hand, cuddling and/or tickling Pupil A, stroking ./Professional_conduct_panel_outcome_-_Mr_Stefan_Goncalves_FINAL.pdf-Pupil A’s face, whispering in Pupil A’s ear and cuddling Pupil B. ./Professional_conduct_panel_outcome_-_Mr_Stefan_Goncalves_FINAL.pdf- ./Professional_conduct_panel_outcome_-_Mr_Stefan_Goncalves_FINAL.pdf-The panel considered whether there was a “plausible innocent explanation” for the ./Professional_conduct_panel_outcome_-_Mr_Stefan_Goncalves_FINAL.pdf-behaviour. ./Professional_conduct_panel_outcome_-_Mr_Stefan_Goncalves_FINAL.pdf- ./Professional_conduct_panel_outcome_-_Mr_Stefan_Goncalves_FINAL.pdf-Mr Goncalves had repeatedly stated that his behaviours were “naïve”. The panel ./Professional_conduct_panel_outcome_-_Mr_Stefan_Goncalves_FINAL.pdf-accepted that one or two incidents could be considered naïve but did not accept that Mr ./Professional_conduct_panel_outcome_-_Mr_Stefan_Goncalves_FINAL.pdf-Goncalves could have been considered naïve following his formal written warning, ./Professional_conduct_panel_outcome_-_Mr_Stefan_Goncalves_FINAL.pdf-particularly given that he was explicitly warned in the preceding meeting that “from an -- ./Professional_conduct_panel_outcome_-_Mr_Stefan_Goncalves_FINAL.pdf-delicately with the back of his hand, stating, “it made me very uncomfortable because he ./Professional_conduct_panel_outcome_-_Mr_Stefan_Goncalves_FINAL.pdf-didn’t need to touch him”. ./Professional_conduct_panel_outcome_-_Mr_Stefan_Goncalves_FINAL.pdf- ./Professional_conduct_panel_outcome_-_Mr_Stefan_Goncalves_FINAL.pdf-The panel noted that there was no evidence before them that in respect of any of the ./Professional_conduct_panel_outcome_-_Mr_Stefan_Goncalves_FINAL.pdf-incidents of touching, the pupils had, prior to the touching, been upset or in need of ./Professional_conduct_panel_outcome_-_Mr_Stefan_Goncalves_FINAL.pdf-comfort. ./Professional_conduct_panel_outcome_-_Mr_Stefan_Goncalves_FINAL.pdf- ./Professional_conduct_panel_outcome_-_Mr_Stefan_Goncalves_FINAL.pdf-On this basis, the panel could not find a “plausible innocent explanation” for the conduct. ./Professional_conduct_panel_outcome_-_Mr_Stefan_Goncalves_FINAL.pdf-The panel felt that the pattern of behaviour suggested an infatuation with the boys and ./Professional_conduct_panel_outcome_-_Mr_Stefan_Goncalves_FINAL.pdf-found that this amounted to, on the balance of probabilities, conduct which was of a ./Professional_conduct_panel_outcome_-_Mr_Stefan_Goncalves_FINAL.pdf:sexual nature and/or was sexually motivated. ./Professional_conduct_panel_outcome_-_Mr_Stefan_Goncalves_FINAL.pdf- ./Professional_conduct_panel_outcome_-_Mr_Stefan_Goncalves_FINAL.pdf-The panel therefore found allegation 2 proven. ./Professional_conduct_panel_outcome_-_Mr_Stefan_Goncalves_FINAL.pdf- ./Professional_conduct_panel_outcome_-_Mr_Stefan_Goncalves_FINAL.pdf-3. One or more elements of your behaviour as may be found proven at 1 above ./Professional_conduct_panel_outcome_-_Mr_Stefan_Goncalves_FINAL.pdf- were contrary to specific advice and/or guidance you had been given as part of ./Professional_conduct_panel_outcome_-_Mr_Stefan_Goncalves_FINAL.pdf- a first formal written warning on or around 28 March 2018. ./Professional_conduct_panel_outcome_-_Mr_Stefan_Goncalves_FINAL.pdf- ./Professional_conduct_panel_outcome_-_Mr_Stefan_Goncalves_FINAL.pdf- 34 ./Professional_conduct_panel_outcome_-_Mr_Stefan_Goncalves_FINAL.pdf- -- ./Professional_conduct_panel_outcome_-_Mr_Stefan_Goncalves_FINAL.pdf- ./Professional_conduct_panel_outcome_-_Mr_Stefan_Goncalves_FINAL.pdf-Also within that meeting, the School had discussed with Mr Goncalves “that [he] had ./Professional_conduct_panel_outcome_-_Mr_Stefan_Goncalves_FINAL.pdf-placed [himself] and a student in a classroom alone with the door closed, [Mr Goncalves ./Professional_conduct_panel_outcome_-_Mr_Stefan_Goncalves_FINAL.pdf-and the School] agreed that this was not acceptable and was a severe breach of the ./Professional_conduct_panel_outcome_-_Mr_Stefan_Goncalves_FINAL.pdf-safeguarding policy”. The written warning further states that, “we also took the ./Professional_conduct_panel_outcome_-_Mr_Stefan_Goncalves_FINAL.pdf-opportunity to speak to you about your relationships with students which could be seen ./Professional_conduct_panel_outcome_-_Mr_Stefan_Goncalves_FINAL.pdf-as unhealthy and unprofessional conduct”. ./Professional_conduct_panel_outcome_-_Mr_Stefan_Goncalves_FINAL.pdf- ./Professional_conduct_panel_outcome_-_Mr_Stefan_Goncalves_FINAL.pdf-Witness F submitted in his witness statement that during the meeting, Individual L, ./Professional_conduct_panel_outcome_-_Mr_Stefan_Goncalves_FINAL.pdf-[redacted], told Mr Goncalves that “from an outsider’s point of view this could look like ./Professional_conduct_panel_outcome_-_Mr_Stefan_Goncalves_FINAL.pdf:grooming.” ./Professional_conduct_panel_outcome_-_Mr_Stefan_Goncalves_FINAL.pdf- ./Professional_conduct_panel_outcome_-_Mr_Stefan_Goncalves_FINAL.pdf-Within the written warning it was stated that Mr Goncalves agreed to the following: ./Professional_conduct_panel_outcome_-_Mr_Stefan_Goncalves_FINAL.pdf- ./Professional_conduct_panel_outcome_-_Mr_Stefan_Goncalves_FINAL.pdf-• “[Mr Goncalves] would not place [himself] or students in a similar situation,” ./Professional_conduct_panel_outcome_-_Mr_Stefan_Goncalves_FINAL.pdf-• “[Mr Goncalves] would not put [himself] in a room alone with students or give cause ./Professional_conduct_panel_outcome_-_Mr_Stefan_Goncalves_FINAL.pdf- for concern,” ./Professional_conduct_panel_outcome_-_Mr_Stefan_Goncalves_FINAL.pdf-• “[Mr Goncalves] would not have students who are subject to preferential treatment or ./Professional_conduct_panel_outcome_-_Mr_Stefan_Goncalves_FINAL.pdf- could be perceived as [his] favourites.” ./Professional_conduct_panel_outcome_-_Mr_Stefan_Goncalves_FINAL.pdf- ./Professional_conduct_panel_outcome_-_Mr_Stefan_Goncalves_FINAL.pdf-Witness F submitted that following this warning, Mr Goncalves was required to attend an -- ./Professional_conduct_panel_outcome_-_Mr_Stefan_Goncalves_FINAL.pdf- with statutory provisions ./Professional_conduct_panel_outcome_-_Mr_Stefan_Goncalves_FINAL.pdf- ./Professional_conduct_panel_outcome_-_Mr_Stefan_Goncalves_FINAL.pdf- • Teachers must have proper and professional regard for the ethos, policies and ./Professional_conduct_panel_outcome_-_Mr_Stefan_Goncalves_FINAL.pdf- practices of the school in which they teach, and maintain high standards in their ./Professional_conduct_panel_outcome_-_Mr_Stefan_Goncalves_FINAL.pdf- own attendance and punctuality. ./Professional_conduct_panel_outcome_-_Mr_Stefan_Goncalves_FINAL.pdf- ./Professional_conduct_panel_outcome_-_Mr_Stefan_Goncalves_FINAL.pdf- • Teachers must have an understanding of, and always act within, the statutory ./Professional_conduct_panel_outcome_-_Mr_Stefan_Goncalves_FINAL.pdf- frameworks which set out their professional duties and responsibilities. ./Professional_conduct_panel_outcome_-_Mr_Stefan_Goncalves_FINAL.pdf- ./Professional_conduct_panel_outcome_-_Mr_Stefan_Goncalves_FINAL.pdf-Particularly in light of the finding that the conduct at allegations 1(a) and 1(b) was ./Professional_conduct_panel_outcome_-_Mr_Stefan_Goncalves_FINAL.pdf:conduct of a sexual nature and/or was sexually motivated, the panel was satisfied that ./Professional_conduct_panel_outcome_-_Mr_Stefan_Goncalves_FINAL.pdf-the conduct of Mr Goncalves amounted to misconduct of a serious nature which fell ./Professional_conduct_panel_outcome_-_Mr_Stefan_Goncalves_FINAL.pdf-significantly short of the standards expected of the profession. ./Professional_conduct_panel_outcome_-_Mr_Stefan_Goncalves_FINAL.pdf- ./Professional_conduct_panel_outcome_-_Mr_Stefan_Goncalves_FINAL.pdf-The panel also considered whether Mr Goncalves’ conduct displayed behaviours ./Professional_conduct_panel_outcome_-_Mr_Stefan_Goncalves_FINAL.pdf-associated with any of the offences listed on pages 12 and 13 of the Advice. ./Professional_conduct_panel_outcome_-_Mr_Stefan_Goncalves_FINAL.pdf- ./Professional_conduct_panel_outcome_-_Mr_Stefan_Goncalves_FINAL.pdf:The panel found that the offence of sexual activity was relevant. The Advice indicates ./Professional_conduct_panel_outcome_-_Mr_Stefan_Goncalves_FINAL.pdf-that where behaviours associated with such an offence exist, a panel is more likely to ./Professional_conduct_panel_outcome_-_Mr_Stefan_Goncalves_FINAL.pdf-conclude that an individual’s conduct would amount to unacceptable professional ./Professional_conduct_panel_outcome_-_Mr_Stefan_Goncalves_FINAL.pdf-conduct. ./Professional_conduct_panel_outcome_-_Mr_Stefan_Goncalves_FINAL.pdf- ./Professional_conduct_panel_outcome_-_Mr_Stefan_Goncalves_FINAL.pdf- ./Professional_conduct_panel_outcome_-_Mr_Stefan_Goncalves_FINAL.pdf- 36 ./Professional_conduct_panel_outcome_-_Mr_Stefan_Goncalves_FINAL.pdf- -- ./Professional_conduct_panel_outcome_-_Mr_Stefan_Goncalves_FINAL.pdf-The panel took into account the way the teaching profession is viewed by others and ./Professional_conduct_panel_outcome_-_Mr_Stefan_Goncalves_FINAL.pdf-considered the influence that teachers may have on pupils, parents and others in the ./Professional_conduct_panel_outcome_-_Mr_Stefan_Goncalves_FINAL.pdf-community. The panel also took account of the uniquely influential role that teachers can ./Professional_conduct_panel_outcome_-_Mr_Stefan_Goncalves_FINAL.pdf-hold in pupils’ lives and the fact that pupils must be able to view teachers as role models ./Professional_conduct_panel_outcome_-_Mr_Stefan_Goncalves_FINAL.pdf-in the way that they behave. ./Professional_conduct_panel_outcome_-_Mr_Stefan_Goncalves_FINAL.pdf- ./Professional_conduct_panel_outcome_-_Mr_Stefan_Goncalves_FINAL.pdf-The findings of misconduct are serious, and the conduct displayed would be likely to ./Professional_conduct_panel_outcome_-_Mr_Stefan_Goncalves_FINAL.pdf-have a negative impact on the individual’s status as a teacher, potentially damaging the ./Professional_conduct_panel_outcome_-_Mr_Stefan_Goncalves_FINAL.pdf-public perception. ./Professional_conduct_panel_outcome_-_Mr_Stefan_Goncalves_FINAL.pdf- ./Professional_conduct_panel_outcome_-_Mr_Stefan_Goncalves_FINAL.pdf:In light of the volume of incidents, some of which were found to have been sexually ./Professional_conduct_panel_outcome_-_Mr_Stefan_Goncalves_FINAL.pdf-motivated, and the protracted period over which the incidents took place, during which Mr ./Professional_conduct_panel_outcome_-_Mr_Stefan_Goncalves_FINAL.pdf-Goncalves had received a formal written warning, the panel therefore found that Mr ./Professional_conduct_panel_outcome_-_Mr_Stefan_Goncalves_FINAL.pdf-Goncalves actions constituted conduct that may bring the profession into disrepute. ./Professional_conduct_panel_outcome_-_Mr_Stefan_Goncalves_FINAL.pdf- ./Professional_conduct_panel_outcome_-_Mr_Stefan_Goncalves_FINAL.pdf-Having found the facts of allegations 1(a)(i)-(x), 1(b)(i)-(vii) and (ix), 1(c)(i)-(v), 1(d)(i)-(iii), ./Professional_conduct_panel_outcome_-_Mr_Stefan_Goncalves_FINAL.pdf-1(e), 2 and 3 proved, the panel further found that Mr Goncalves’ conduct amounted to ./Professional_conduct_panel_outcome_-_Mr_Stefan_Goncalves_FINAL.pdf-both unacceptable professional conduct and conduct that may bring the profession into ./Professional_conduct_panel_outcome_-_Mr_Stefan_Goncalves_FINAL.pdf-disrepute. ./Professional_conduct_panel_outcome_-_Mr_Stefan_Goncalves_FINAL.pdf- ./Professional_conduct_panel_outcome_-_Mr_Stefan_Goncalves_FINAL.pdf- -- ./Professional_conduct_panel_outcome_-_Mr_Stefan_Goncalves_FINAL.pdf-The panel had regard to the particular public interest considerations set out in the Advice ./Professional_conduct_panel_outcome_-_Mr_Stefan_Goncalves_FINAL.pdf-and, having done so, found a number of them to be relevant in this case, namely: the ./Professional_conduct_panel_outcome_-_Mr_Stefan_Goncalves_FINAL.pdf-safeguarding and wellbeing of pupils and the protection of other members of the public; ./Professional_conduct_panel_outcome_-_Mr_Stefan_Goncalves_FINAL.pdf-the maintenance of public confidence in the profession; declaring and upholding proper ./Professional_conduct_panel_outcome_-_Mr_Stefan_Goncalves_FINAL.pdf-standards of conduct; and that prohibition strikes the right balance between the rights of ./Professional_conduct_panel_outcome_-_Mr_Stefan_Goncalves_FINAL.pdf-the teacher and the public interest, if they are in conflict. ./Professional_conduct_panel_outcome_-_Mr_Stefan_Goncalves_FINAL.pdf- ./Professional_conduct_panel_outcome_-_Mr_Stefan_Goncalves_FINAL.pdf-In the light of the panel’s findings against Mr Goncalves which involved failing to maintain ./Professional_conduct_panel_outcome_-_Mr_Stefan_Goncalves_FINAL.pdf:appropriate professional boundaries and conduct which was of a sexual nature and/or ./Professional_conduct_panel_outcome_-_Mr_Stefan_Goncalves_FINAL.pdf:sexually motivated and contrary to advice he had been given, there was a strong public ./Professional_conduct_panel_outcome_-_Mr_Stefan_Goncalves_FINAL.pdf-interest consideration in respect of the protection of pupils, given the serious findings of ./Professional_conduct_panel_outcome_-_Mr_Stefan_Goncalves_FINAL.pdf-inappropriate relationships with children. The panel felt that the protection of pupils was ./Professional_conduct_panel_outcome_-_Mr_Stefan_Goncalves_FINAL.pdf-particularly prevalent in this case due to the impact which Mr Goncalves’ behaviour had ./Professional_conduct_panel_outcome_-_Mr_Stefan_Goncalves_FINAL.pdf-had on the pupils. In particular, Mother A felt that Pupil A had “been wary of going to ./Professional_conduct_panel_outcome_-_Mr_Stefan_Goncalves_FINAL.pdf-school” and felt that he had made up illnesses to stay home and Pupil B submitted that ./Professional_conduct_panel_outcome_-_Mr_Stefan_Goncalves_FINAL.pdf-Mr Goncalves had put him “through so much stress in [redacted]”. ./Professional_conduct_panel_outcome_-_Mr_Stefan_Goncalves_FINAL.pdf- ./Professional_conduct_panel_outcome_-_Mr_Stefan_Goncalves_FINAL.pdf-Similarly, the panel considered that public confidence in the profession could be seriously ./Professional_conduct_panel_outcome_-_Mr_Stefan_Goncalves_FINAL.pdf-weakened if conduct such as that found against Mr Goncalves was not treated with the ./Professional_conduct_panel_outcome_-_Mr_Stefan_Goncalves_FINAL.pdf-utmost seriousness when regulating the conduct of the profession. -- ./Professional_conduct_panel_outcome_-_Mr_Stefan_Goncalves_FINAL.pdf- • any abuse of any trust, knowledge or influence grained through their professional ./Professional_conduct_panel_outcome_-_Mr_Stefan_Goncalves_FINAL.pdf: position in order to advance a romantic or sexual relationship with a pupil or former ./Professional_conduct_panel_outcome_-_Mr_Stefan_Goncalves_FINAL.pdf- pupil; ./Professional_conduct_panel_outcome_-_Mr_Stefan_Goncalves_FINAL.pdf- ./Professional_conduct_panel_outcome_-_Mr_Stefan_Goncalves_FINAL.pdf: • sexual misconduct, for example, involving actions that were sexually motivated or ./Professional_conduct_panel_outcome_-_Mr_Stefan_Goncalves_FINAL.pdf: of a sexual nature and/or that use or exploit the trust, knowledge or influence ./Professional_conduct_panel_outcome_-_Mr_Stefan_Goncalves_FINAL.pdf- derived from the individual’s professional position; ./Professional_conduct_panel_outcome_-_Mr_Stefan_Goncalves_FINAL.pdf- ./Professional_conduct_panel_outcome_-_Mr_Stefan_Goncalves_FINAL.pdf- • failure in their duty of care towards a child, including exposing a child to risk or ./Professional_conduct_panel_outcome_-_Mr_Stefan_Goncalves_FINAL.pdf- failing to promote the safety and welfare of the children (as set out in Part 1 of ./Professional_conduct_panel_outcome_-_Mr_Stefan_Goncalves_FINAL.pdf- KCSIE); ./Professional_conduct_panel_outcome_-_Mr_Stefan_Goncalves_FINAL.pdf- ./Professional_conduct_panel_outcome_-_Mr_Stefan_Goncalves_FINAL.pdf- • a deep-seated attitude that leads to harmful behaviour. ./Professional_conduct_panel_outcome_-_Mr_Stefan_Goncalves_FINAL.pdf- ./Professional_conduct_panel_outcome_-_Mr_Stefan_Goncalves_FINAL.pdf-The panel determined that Mr Goncalves’ behaviour in asking Pupil B to keep a secret ./Professional_conduct_panel_outcome_-_Mr_Stefan_Goncalves_FINAL.pdf-from his parents was significant in their considerations and amounted to an abuse of his -- ./Professional_conduct_panel_outcome_-_Mr_Stefan_Goncalves_FINAL.pdf-made by the panel would be sufficient. ./Professional_conduct_panel_outcome_-_Mr_Stefan_Goncalves_FINAL.pdf- ./Professional_conduct_panel_outcome_-_Mr_Stefan_Goncalves_FINAL.pdf-The panel was of the view that, applying the standard of the ordinary intelligent citizen, it ./Professional_conduct_panel_outcome_-_Mr_Stefan_Goncalves_FINAL.pdf-would not be a proportionate and appropriate response to recommend no prohibition ./Professional_conduct_panel_outcome_-_Mr_Stefan_Goncalves_FINAL.pdf-order. Recommending that the publication of adverse findings would be sufficient would ./Professional_conduct_panel_outcome_-_Mr_Stefan_Goncalves_FINAL.pdf-unacceptably compromise the public interest considerations present in this case, despite ./Professional_conduct_panel_outcome_-_Mr_Stefan_Goncalves_FINAL.pdf-the severity of the consequences for Mr Goncalves of prohibition. ./Professional_conduct_panel_outcome_-_Mr_Stefan_Goncalves_FINAL.pdf- ./Professional_conduct_panel_outcome_-_Mr_Stefan_Goncalves_FINAL.pdf-The panel was of the view that prohibition was both proportionate and appropriate. The ./Professional_conduct_panel_outcome_-_Mr_Stefan_Goncalves_FINAL.pdf-panel decided that the public interest considerations outweighed the interests of Mr ./Professional_conduct_panel_outcome_-_Mr_Stefan_Goncalves_FINAL.pdf:Goncalves. The lack of insight and remorse, combined with the very serious and sexual ./Professional_conduct_panel_outcome_-_Mr_Stefan_Goncalves_FINAL.pdf-nature of the allegations was a significant factor in forming that opinion. Accordingly, the ./Professional_conduct_panel_outcome_-_Mr_Stefan_Goncalves_FINAL.pdf-panel made a recommendation to the Secretary of State that a prohibition order should ./Professional_conduct_panel_outcome_-_Mr_Stefan_Goncalves_FINAL.pdf-be imposed with immediate effect. ./Professional_conduct_panel_outcome_-_Mr_Stefan_Goncalves_FINAL.pdf- ./Professional_conduct_panel_outcome_-_Mr_Stefan_Goncalves_FINAL.pdf-The panel went on to consider whether or not it would be appropriate for it to decide to ./Professional_conduct_panel_outcome_-_Mr_Stefan_Goncalves_FINAL.pdf-recommend a review period of the order. The panel was mindful that the Advice states ./Professional_conduct_panel_outcome_-_Mr_Stefan_Goncalves_FINAL.pdf-that a prohibition order applies for life, but there may be circumstances, in any given ./Professional_conduct_panel_outcome_-_Mr_Stefan_Goncalves_FINAL.pdf-case, that may make it appropriate to allow a teacher to apply to have the prohibition ./Professional_conduct_panel_outcome_-_Mr_Stefan_Goncalves_FINAL.pdf-order reviewed after a specified period of time that may not be less than 2 years. ./Professional_conduct_panel_outcome_-_Mr_Stefan_Goncalves_FINAL.pdf- ./Professional_conduct_panel_outcome_-_Mr_Stefan_Goncalves_FINAL.pdf-The Advice indicates that there are behaviours that, if proved, would militate against the ./Professional_conduct_panel_outcome_-_Mr_Stefan_Goncalves_FINAL.pdf:recommendation of a review period. These behaviours include serious sexual ./Professional_conduct_panel_outcome_-_Mr_Stefan_Goncalves_FINAL.pdf:misconduct, such as where the act was sexually motivated and resulted in, or had the ./Professional_conduct_panel_outcome_-_Mr_Stefan_Goncalves_FINAL.pdf-potential to result in, harm to a person or persons, particularly where the individual has ./Professional_conduct_panel_outcome_-_Mr_Stefan_Goncalves_FINAL.pdf:used his professional position to influence or exploit a person or persons and any sexual ./Professional_conduct_panel_outcome_-_Mr_Stefan_Goncalves_FINAL.pdf-misconduct involving a child. The panel found that Mr Goncalves was responsible for ./Professional_conduct_panel_outcome_-_Mr_Stefan_Goncalves_FINAL.pdf:conduct which was of a sexual nature and/or sexually motivated and had used his ./Professional_conduct_panel_outcome_-_Mr_Stefan_Goncalves_FINAL.pdf-position of trust and influence to exploit pupils. ./Professional_conduct_panel_outcome_-_Mr_Stefan_Goncalves_FINAL.pdf- ./Professional_conduct_panel_outcome_-_Mr_Stefan_Goncalves_FINAL.pdf-The Advice also indicates that there are behaviours that, if proved, would have greater ./Professional_conduct_panel_outcome_-_Mr_Stefan_Goncalves_FINAL.pdf-relevance and weigh in favour of a longer review period. The panel found that Mr ./Professional_conduct_panel_outcome_-_Mr_Stefan_Goncalves_FINAL.pdf-Goncalves was not responsible for any such behaviours. ./Professional_conduct_panel_outcome_-_Mr_Stefan_Goncalves_FINAL.pdf- ./Professional_conduct_panel_outcome_-_Mr_Stefan_Goncalves_FINAL.pdf- ./Professional_conduct_panel_outcome_-_Mr_Stefan_Goncalves_FINAL.pdf- ./Professional_conduct_panel_outcome_-_Mr_Stefan_Goncalves_FINAL.pdf- ./Professional_conduct_panel_outcome_-_Mr_Stefan_Goncalves_FINAL.pdf- 40 -- ./Professional_conduct_panel_outcome_-_Mr_Stefan_Goncalves_FINAL.pdf-The panel finds that the conduct of Mr Goncalves fell significantly short of the standards ./Professional_conduct_panel_outcome_-_Mr_Stefan_Goncalves_FINAL.pdf-expected of the profession. ./Professional_conduct_panel_outcome_-_Mr_Stefan_Goncalves_FINAL.pdf- ./Professional_conduct_panel_outcome_-_Mr_Stefan_Goncalves_FINAL.pdf-The findings of misconduct are particularly serious as they include findings which ./Professional_conduct_panel_outcome_-_Mr_Stefan_Goncalves_FINAL.pdf-involved failing to maintain appropriate professional boundaries and conduct which was ./Professional_conduct_panel_outcome_-_Mr_Stefan_Goncalves_FINAL.pdf:of a sexual nature and/or sexually motivated involving children. ./Professional_conduct_panel_outcome_-_Mr_Stefan_Goncalves_FINAL.pdf- ./Professional_conduct_panel_outcome_-_Mr_Stefan_Goncalves_FINAL.pdf-I have to determine whether the imposition of a prohibition order is proportionate and in ./Professional_conduct_panel_outcome_-_Mr_Stefan_Goncalves_FINAL.pdf-the public interest. In considering that for this case, I have considered the overall aim of a ./Professional_conduct_panel_outcome_-_Mr_Stefan_Goncalves_FINAL.pdf-prohibition order which is to protect pupils and to maintain public confidence in the ./Professional_conduct_panel_outcome_-_Mr_Stefan_Goncalves_FINAL.pdf-profession. I have considered the extent to which a prohibition order in this case would ./Professional_conduct_panel_outcome_-_Mr_Stefan_Goncalves_FINAL.pdf-achieve that aim taking into account the impact that it will have on the individual teacher. ./Professional_conduct_panel_outcome_-_Mr_Stefan_Goncalves_FINAL.pdf-I have also asked myself, whether a less intrusive measure, such as the published ./Professional_conduct_panel_outcome_-_Mr_Stefan_Goncalves_FINAL.pdf-finding of unacceptable professional conduct and conduct that may bring the profession ./Professional_conduct_panel_outcome_-_Mr_Stefan_Goncalves_FINAL.pdf-into disrepute, would itself be sufficient to achieve the overall aim. I have to consider ./Professional_conduct_panel_outcome_-_Mr_Stefan_Goncalves_FINAL.pdf-whether the consequences of such a publication are themselves sufficient. I have -- ./Professional_conduct_panel_outcome_-_Mr_Stefan_Goncalves_FINAL.pdf-profession was also present as the conduct found against Mr Goncalves was outside that ./Professional_conduct_panel_outcome_-_Mr_Stefan_Goncalves_FINAL.pdf-which could reasonably be tolerated. Of particular concern to the panel was the fact that ./Professional_conduct_panel_outcome_-_Mr_Stefan_Goncalves_FINAL.pdf-Mr Goncalves had exploited his position of trust despite having received a formal written ./Professional_conduct_panel_outcome_-_Mr_Stefan_Goncalves_FINAL.pdf-warning and management advice.” I am particularly mindful of the finding of inappropriate ./Professional_conduct_panel_outcome_-_Mr_Stefan_Goncalves_FINAL.pdf:conduct of a sexual nature and/or sexually motivated involving children in this case and ./Professional_conduct_panel_outcome_-_Mr_Stefan_Goncalves_FINAL.pdf-the impact that such a finding has on the reputation of the profession. ./Professional_conduct_panel_outcome_-_Mr_Stefan_Goncalves_FINAL.pdf- ./Professional_conduct_panel_outcome_-_Mr_Stefan_Goncalves_FINAL.pdf-I have had to consider that the public has a high expectation of professional standards of ./Professional_conduct_panel_outcome_-_Mr_Stefan_Goncalves_FINAL.pdf-all teachers and that the public might regard a failure to impose a prohibition order as a ./Professional_conduct_panel_outcome_-_Mr_Stefan_Goncalves_FINAL.pdf-failure to uphold those high standards. In weighing these considerations, I have had to ./Professional_conduct_panel_outcome_-_Mr_Stefan_Goncalves_FINAL.pdf-consider the matter from the point of view of an “ordinary intelligent and well-informed ./Professional_conduct_panel_outcome_-_Mr_Stefan_Goncalves_FINAL.pdf-citizen.” ./Professional_conduct_panel_outcome_-_Mr_Stefan_Goncalves_FINAL.pdf- ./Professional_conduct_panel_outcome_-_Mr_Stefan_Goncalves_FINAL.pdf-I have considered whether the publication of a finding of unacceptable professional ./Professional_conduct_panel_outcome_-_Mr_Stefan_Goncalves_FINAL.pdf-conduct, in the absence of a prohibition order, can itself be regarded by such a person as -- ./Professional_conduct_panel_outcome_-_Mr_Stefan_Goncalves_FINAL.pdf-confidence in the profession. ./Professional_conduct_panel_outcome_-_Mr_Stefan_Goncalves_FINAL.pdf- ./Professional_conduct_panel_outcome_-_Mr_Stefan_Goncalves_FINAL.pdf-For these reasons, I have concluded that a prohibition order is proportionate and in the ./Professional_conduct_panel_outcome_-_Mr_Stefan_Goncalves_FINAL.pdf-public interest in order to achieve the intended aims of a prohibition order. ./Professional_conduct_panel_outcome_-_Mr_Stefan_Goncalves_FINAL.pdf- ./Professional_conduct_panel_outcome_-_Mr_Stefan_Goncalves_FINAL.pdf-I have gone on to consider the matter of a review period. In this case, the panel has ./Professional_conduct_panel_outcome_-_Mr_Stefan_Goncalves_FINAL.pdf-recommended that no provision should be made for a review period. ./Professional_conduct_panel_outcome_-_Mr_Stefan_Goncalves_FINAL.pdf- ./Professional_conduct_panel_outcome_-_Mr_Stefan_Goncalves_FINAL.pdf-I have considered the panel’s comments “The Advice indicates that there are behaviours ./Professional_conduct_panel_outcome_-_Mr_Stefan_Goncalves_FINAL.pdf-that, if proved, would militate against the recommendation of a review period. These ./Professional_conduct_panel_outcome_-_Mr_Stefan_Goncalves_FINAL.pdf:behaviours include serious sexual misconduct, such as where the act was sexually ./Professional_conduct_panel_outcome_-_Mr_Stefan_Goncalves_FINAL.pdf-motivated and resulted in, or had the potential to result in, harm to a person or persons, ./Professional_conduct_panel_outcome_-_Mr_Stefan_Goncalves_FINAL.pdf-particularly where the individual has used his professional position to influence or exploit ./Professional_conduct_panel_outcome_-_Mr_Stefan_Goncalves_FINAL.pdf:a person or persons and any sexual misconduct involving a child. The panel found that ./Professional_conduct_panel_outcome_-_Mr_Stefan_Goncalves_FINAL.pdf:Mr Goncalves was responsible for conduct which was of a sexual nature and/or sexually ./Professional_conduct_panel_outcome_-_Mr_Stefan_Goncalves_FINAL.pdf-motivated and had used his position of trust and influence to exploit pupils.” ./Professional_conduct_panel_outcome_-_Mr_Stefan_Goncalves_FINAL.pdf- ./Professional_conduct_panel_outcome_-_Mr_Stefan_Goncalves_FINAL.pdf-In this case, factors mean that allowing a review period is not sufficient to achieve the ./Professional_conduct_panel_outcome_-_Mr_Stefan_Goncalves_FINAL.pdf-aim of maintaining public confidence in the profession. These elements are the ./Professional_conduct_panel_outcome_-_Mr_Stefan_Goncalves_FINAL.pdf-seriousness of the findings involving children and the lack of either insight or remorse. ./Professional_conduct_panel_outcome_-_Mr_Stefan_Goncalves_FINAL.pdf- ./Professional_conduct_panel_outcome_-_Mr_Stefan_Goncalves_FINAL.pdf-I consider therefore that allowing for no review period is necessary to maintain public ./Professional_conduct_panel_outcome_-_Mr_Stefan_Goncalves_FINAL.pdf-confidence and is proportionate and in the public interest. ./Professional_conduct_panel_outcome_-_Mr_Stefan_Goncalves_FINAL.pdf- ./Professional_conduct_panel_outcome_-_Mr_Stefan_Goncalves_FINAL.pdf-This means that Mr Stefan Joao Goncalves is prohibited from teaching indefinitely ./Professional_conduct_panel_outcome_-_Paul_Edwards.pdf-2023. ./Professional_conduct_panel_outcome_-_Paul_Edwards.pdf- ./Professional_conduct_panel_outcome_-_Paul_Edwards.pdf-It was alleged that Mr Edwards was guilty of unacceptable professional conduct and/or ./Professional_conduct_panel_outcome_-_Paul_Edwards.pdf-conduct that may bring the profession into disrepute, in that whilst working as a teacher ./Professional_conduct_panel_outcome_-_Paul_Edwards.pdf-at Co-op Academy Manchester ("the Academy"): ./Professional_conduct_panel_outcome_-_Paul_Edwards.pdf- ./Professional_conduct_panel_outcome_-_Paul_Edwards.pdf-1. He engaged in inappropriate and unprofessional conduct in that; ./Professional_conduct_panel_outcome_-_Paul_Edwards.pdf- ./Professional_conduct_panel_outcome_-_Paul_Edwards.pdf- (a) On or around 21 December 2020, and/or 22 December 2020, and/or 24 ./Professional_conduct_panel_outcome_-_Paul_Edwards.pdf- December 2020, and/or 29 December 2020 and/or 04 January 2021, he ./Professional_conduct_panel_outcome_-_Paul_Edwards.pdf: accessed pornographic material and websites using an Academy device; ./Professional_conduct_panel_outcome_-_Paul_Edwards.pdf- ./Professional_conduct_panel_outcome_-_Paul_Edwards.pdf- (b) On or around 08 January 2021 and/or 09 January 2021, he accessed ./Professional_conduct_panel_outcome_-_Paul_Edwards.pdf: pornographic material and websites using an Academy device resulting in his ./Professional_conduct_panel_outcome_-_Paul_Edwards.pdf- arrest, the seizure of academy assets and a criminal investigation. ./Professional_conduct_panel_outcome_-_Paul_Edwards.pdf- ./Professional_conduct_panel_outcome_-_Paul_Edwards.pdf-2. His conduct at allegations 1(a) and 1(b) included but was not limited to accessing ./Professional_conduct_panel_outcome_-_Paul_Edwards.pdf- material with titles including “dad”, “young”, “dadies”, “twink”, “teen” and “teen slave”. ./Professional_conduct_panel_outcome_-_Paul_Edwards.pdf- ./Professional_conduct_panel_outcome_-_Paul_Edwards.pdf:3. His conduct at allegation 1(a) and/or 1(b) was sexually motivated. ./Professional_conduct_panel_outcome_-_Paul_Edwards.pdf- ./Professional_conduct_panel_outcome_-_Paul_Edwards.pdf-Mr Edwards admitted all of the allegations and that this conduct amounted to ./Professional_conduct_panel_outcome_-_Paul_Edwards.pdf-unacceptable professional conduct and conduct which may bring the profession into ./Professional_conduct_panel_outcome_-_Paul_Edwards.pdf-disrepute. ./Professional_conduct_panel_outcome_-_Paul_Edwards.pdf- ./Professional_conduct_panel_outcome_-_Paul_Edwards.pdf- ./Professional_conduct_panel_outcome_-_Paul_Edwards.pdf-Preliminary applications ./Professional_conduct_panel_outcome_-_Paul_Edwards.pdf-There were no preliminary applications. ./Professional_conduct_panel_outcome_-_Paul_Edwards.pdf- ./Professional_conduct_panel_outcome_-_Paul_Edwards.pdf- -- ./Professional_conduct_panel_outcome_-_Paul_Edwards.pdf-The panel carefully considered the case before it and reached a decision. ./Professional_conduct_panel_outcome_-_Paul_Edwards.pdf- ./Professional_conduct_panel_outcome_-_Paul_Edwards.pdf-Mr Edwards was formerly employed as a teacher at the Co-op Academy, Manchester ./Professional_conduct_panel_outcome_-_Paul_Edwards.pdf-("the Academy"). ./Professional_conduct_panel_outcome_-_Paul_Edwards.pdf- ./Professional_conduct_panel_outcome_-_Paul_Edwards.pdf-Mr Edwards commenced work at the Academy in September 2014, initially as a teaching ./Professional_conduct_panel_outcome_-_Paul_Edwards.pdf-assistant. He was subsequently employed as a mathematics teacher and, additionally, ./Professional_conduct_panel_outcome_-_Paul_Edwards.pdf-became head of family. ./Professional_conduct_panel_outcome_-_Paul_Edwards.pdf- ./Professional_conduct_panel_outcome_-_Paul_Edwards.pdf-In December 2020, the Academy received notifications from 'ESafe' that Mr Edwards had ./Professional_conduct_panel_outcome_-_Paul_Edwards.pdf:accessed pornographic material via a device belonging to the Academy. ./Professional_conduct_panel_outcome_-_Paul_Edwards.pdf- ./Professional_conduct_panel_outcome_-_Paul_Edwards.pdf-ESafe was described as a content monitoring system for staff and pupils at the Academy. ./Professional_conduct_panel_outcome_-_Paul_Edwards.pdf- ./Professional_conduct_panel_outcome_-_Paul_Edwards.pdf-On 23 December 2020, as a consequence of the nature of the information received via ./Professional_conduct_panel_outcome_-_Paul_Edwards.pdf-ESafe, the Academy made an initial referral to the local authority designated officer ./Professional_conduct_panel_outcome_-_Paul_Edwards.pdf-(LADO) and the police. ./Professional_conduct_panel_outcome_-_Paul_Edwards.pdf- ./Professional_conduct_panel_outcome_-_Paul_Edwards.pdf-Subsequently, on 24 December 2020 and 30 December 2020, the Academy received ./Professional_conduct_panel_outcome_-_Paul_Edwards.pdf-further ESafe notifications, indicating that Mr Edwards had continued to access ./Professional_conduct_panel_outcome_-_Paul_Edwards.pdf:pornographic material on the same device. ./Professional_conduct_panel_outcome_-_Paul_Edwards.pdf- ./Professional_conduct_panel_outcome_-_Paul_Edwards.pdf-On 5 January 2021, the principal and executive head of the Academy met with Mr ./Professional_conduct_panel_outcome_-_Paul_Edwards.pdf-Edwards to raise this as a concern. During the course of the conversation that ensued it ./Professional_conduct_panel_outcome_-_Paul_Edwards.pdf:was recorded that Mr Edwards accepted accessing pornography using this device, ./Professional_conduct_panel_outcome_-_Paul_Edwards.pdf-described as an 'old' laptop. ./Professional_conduct_panel_outcome_-_Paul_Edwards.pdf- ./Professional_conduct_panel_outcome_-_Paul_Edwards.pdf- ./Professional_conduct_panel_outcome_-_Paul_Edwards.pdf- ./Professional_conduct_panel_outcome_-_Paul_Edwards.pdf- ./Professional_conduct_panel_outcome_-_Paul_Edwards.pdf- 5 ./Professional_conduct_panel_outcome_-_Paul_Edwards.pdf- -- ./Professional_conduct_panel_outcome_-_Paul_Edwards.pdf-Findings of fact ./Professional_conduct_panel_outcome_-_Paul_Edwards.pdf- ./Professional_conduct_panel_outcome_-_Paul_Edwards.pdf-The findings of fact are as follows: ./Professional_conduct_panel_outcome_-_Paul_Edwards.pdf- ./Professional_conduct_panel_outcome_-_Paul_Edwards.pdf-The panel found the following allegations against you proved, for these reasons: ./Professional_conduct_panel_outcome_-_Paul_Edwards.pdf- ./Professional_conduct_panel_outcome_-_Paul_Edwards.pdf-1. You engaged in inappropriate and unprofessional conduct in that; ./Professional_conduct_panel_outcome_-_Paul_Edwards.pdf- ./Professional_conduct_panel_outcome_-_Paul_Edwards.pdf- (a) On or around 21 December 2020, and/or 22 December 2020, and/or 24 ./Professional_conduct_panel_outcome_-_Paul_Edwards.pdf- December 2020, and/or 29 December 2020 and/or 04 January 2021, you ./Professional_conduct_panel_outcome_-_Paul_Edwards.pdf: accessed pornographic material and websites using an Academy ./Professional_conduct_panel_outcome_-_Paul_Edwards.pdf- device; ./Professional_conduct_panel_outcome_-_Paul_Edwards.pdf- ./Professional_conduct_panel_outcome_-_Paul_Edwards.pdf- (b) On or around 08 January 2021 and/or 09 January 2021, you accessed ./Professional_conduct_panel_outcome_-_Paul_Edwards.pdf: pornographic material and websites using an Academy device resulting ./Professional_conduct_panel_outcome_-_Paul_Edwards.pdf- in your arrest, the seizure of academy assets and a criminal ./Professional_conduct_panel_outcome_-_Paul_Edwards.pdf- investigation. ./Professional_conduct_panel_outcome_-_Paul_Edwards.pdf- ./Professional_conduct_panel_outcome_-_Paul_Edwards.pdf-Mr Edwards admitted the facts of allegation 1. ./Professional_conduct_panel_outcome_-_Paul_Edwards.pdf- ./Professional_conduct_panel_outcome_-_Paul_Edwards.pdf- ./Professional_conduct_panel_outcome_-_Paul_Edwards.pdf- 6 ./Professional_conduct_panel_outcome_-_Paul_Edwards.pdf- -- ./Professional_conduct_panel_outcome_-_Paul_Edwards.pdf-Mr Edwards accepted that, with reference to allegation 1(a), on or around 21 December ./Professional_conduct_panel_outcome_-_Paul_Edwards.pdf-2020, 22 December 2020, 24 December 2020, 29 December 2020 and 4 January 2021, ./Professional_conduct_panel_outcome_-_Paul_Edwards.pdf:he accessed pornographic material and websites using an Academy device. ./Professional_conduct_panel_outcome_-_Paul_Edwards.pdf- ./Professional_conduct_panel_outcome_-_Paul_Edwards.pdf-Similarly, in relation to allegation 1(b), Mr Edwards further admitted that, on or around 8 ./Professional_conduct_panel_outcome_-_Paul_Edwards.pdf:January 2021 and 9 January 2021, he once again accessed pornographic material and ./Professional_conduct_panel_outcome_-_Paul_Edwards.pdf-websites using the same Academy device. ./Professional_conduct_panel_outcome_-_Paul_Edwards.pdf- ./Professional_conduct_panel_outcome_-_Paul_Edwards.pdf-In light of Mr Edwards' admissions, which were consistent with the evidence before it, the ./Professional_conduct_panel_outcome_-_Paul_Edwards.pdf-panel found the particulars of allegations 1(a) and 1(b) proved. ./Professional_conduct_panel_outcome_-_Paul_Edwards.pdf- ./Professional_conduct_panel_outcome_-_Paul_Edwards.pdf-Mr Edwards also admitted, with reference to the stem of allegation 1, that this conduct ./Professional_conduct_panel_outcome_-_Paul_Edwards.pdf-was inappropriate and unprofessional. ./Professional_conduct_panel_outcome_-_Paul_Edwards.pdf- ./Professional_conduct_panel_outcome_-_Paul_Edwards.pdf-The panel agreed. Not least, whilst the panel had in mind that the material accessed by ./Professional_conduct_panel_outcome_-_Paul_Edwards.pdf-Mr Edwards was not illegal, he did so via a device belonging to his employer. -- ./Professional_conduct_panel_outcome_-_Paul_Edwards.pdf- ./Professional_conduct_panel_outcome_-_Paul_Edwards.pdf-Having found allegation 1 proved, pursuant to allegation 2 the panel was directed to the ./Professional_conduct_panel_outcome_-_Paul_Edwards.pdf-precise nature of the material accessed by Mr Edwards. ./Professional_conduct_panel_outcome_-_Paul_Edwards.pdf- ./Professional_conduct_panel_outcome_-_Paul_Edwards.pdf-Mr Edwards admitted that it included material with titles including "dad", "young", ./Professional_conduct_panel_outcome_-_Paul_Edwards.pdf-"dadies", "twink", "teen" and "teen slave". This was clearly evidenced within the evidence ./Professional_conduct_panel_outcome_-_Paul_Edwards.pdf-before the panel. ./Professional_conduct_panel_outcome_-_Paul_Edwards.pdf- ./Professional_conduct_panel_outcome_-_Paul_Edwards.pdf-Allegation 2 was therefore found proved. ./Professional_conduct_panel_outcome_-_Paul_Edwards.pdf- ./Professional_conduct_panel_outcome_-_Paul_Edwards.pdf:3. Your conduct at allegation 1(a) and/or 1(b) was sexually motivated. ./Professional_conduct_panel_outcome_-_Paul_Edwards.pdf- ./Professional_conduct_panel_outcome_-_Paul_Edwards.pdf-Having found the facts of allegations 1(a) and 1(b) proved, the panel went on to consider ./Professional_conduct_panel_outcome_-_Paul_Edwards.pdf:whether Mr Edwards' conduct in relation to those allegations was sexually motivated. ./Professional_conduct_panel_outcome_-_Paul_Edwards.pdf- ./Professional_conduct_panel_outcome_-_Paul_Edwards.pdf-The only appropriate conclusion, given the nature and circumstances of his behaviour, ./Professional_conduct_panel_outcome_-_Paul_Edwards.pdf:was that Mr Edwards was sexually motivated, which he admitted. ./Professional_conduct_panel_outcome_-_Paul_Edwards.pdf- ./Professional_conduct_panel_outcome_-_Paul_Edwards.pdf:Very clearly, this was conduct of a sexual nature having regard to the nature of the ./Professional_conduct_panel_outcome_-_Paul_Edwards.pdf-material accessed. The panel was satisfied that the reasonable inference to be drawn ./Professional_conduct_panel_outcome_-_Paul_Edwards.pdf:was that Mr Edwards was, by his actions, motivated by a desire to obtain sexual ./Professional_conduct_panel_outcome_-_Paul_Edwards.pdf-gratification from his behaviour. ./Professional_conduct_panel_outcome_-_Paul_Edwards.pdf- ./Professional_conduct_panel_outcome_-_Paul_Edwards.pdf-On that basis and in light of Mr Edwards' admission, the panel found allegation 3 proved. ./Professional_conduct_panel_outcome_-_Paul_Edwards.pdf- ./Professional_conduct_panel_outcome_-_Paul_Edwards.pdf- ./Professional_conduct_panel_outcome_-_Paul_Edwards.pdf- 7 ./Professional_conduct_panel_outcome_-_Paul_Edwards.pdf- -- ./Professional_conduct_panel_outcome_-_Paul_Edwards.pdf-of the school in which they teach …. ./Professional_conduct_panel_outcome_-_Paul_Edwards.pdf- ./Professional_conduct_panel_outcome_-_Paul_Edwards.pdf-The panel also considered whether Mr Edwards' conduct displayed behaviours ./Professional_conduct_panel_outcome_-_Paul_Edwards.pdf-associated with any of the offences listed on pages 12 and 13 of the Advice. ./Professional_conduct_panel_outcome_-_Paul_Edwards.pdf- ./Professional_conduct_panel_outcome_-_Paul_Edwards.pdf-The Advice indicates that where behaviours associated with such an offence exist, a ./Professional_conduct_panel_outcome_-_Paul_Edwards.pdf-panel is likely to conclude that an individual’s conduct would amount to unacceptable ./Professional_conduct_panel_outcome_-_Paul_Edwards.pdf-professional conduct. ./Professional_conduct_panel_outcome_-_Paul_Edwards.pdf- ./Professional_conduct_panel_outcome_-_Paul_Edwards.pdf-The panel concluded that none of these offences were relevant. Whilst the offences listed ./Professional_conduct_panel_outcome_-_Paul_Edwards.pdf:include sexual activity, the panel was not satisfied this was directly applicable in this case ./Professional_conduct_panel_outcome_-_Paul_Edwards.pdf-given the specific nature of the allegations found proved. ./Professional_conduct_panel_outcome_-_Paul_Edwards.pdf- ./Professional_conduct_panel_outcome_-_Paul_Edwards.pdf-The presenting officer also submitted the following offence was relevant: ./Professional_conduct_panel_outcome_-_Paul_Edwards.pdf- ./Professional_conduct_panel_outcome_-_Paul_Edwards.pdf- "any activity involving viewing, taking, making, possessing, distributing or publishing ./Professional_conduct_panel_outcome_-_Paul_Edwards.pdf- any indecent photograph or image or indecent pseudo photograph or image of a child, ./Professional_conduct_panel_outcome_-_Paul_Edwards.pdf- or permitting any such activity, including one off incidents." ./Professional_conduct_panel_outcome_-_Paul_Edwards.pdf- ./Professional_conduct_panel_outcome_-_Paul_Edwards.pdf-However, the panel did not agree with this submission. ./Professional_conduct_panel_outcome_-_Paul_Edwards.pdf- -- ./Professional_conduct_panel_outcome_-_Paul_Edwards.pdf- • For the reasons set out, the panel's findings were premised on the fact that Mr ./Professional_conduct_panel_outcome_-_Paul_Edwards.pdf: Edwards had accessed legal, adult pornography, albeit utilising an Academy ./Professional_conduct_panel_outcome_-_Paul_Edwards.pdf- device. There was nothing unlawful in what he did. ./Professional_conduct_panel_outcome_-_Paul_Edwards.pdf- ./Professional_conduct_panel_outcome_-_Paul_Edwards.pdf- • There was no evidence of any harm to pupils as a result of Mr Edwards' actions. It ./Professional_conduct_panel_outcome_-_Paul_Edwards.pdf- followed that there were no serious consequences to his actions; for example, ./Professional_conduct_panel_outcome_-_Paul_Edwards.pdf- there was no direct impact on pupils' education or safeguarding. ./Professional_conduct_panel_outcome_-_Paul_Edwards.pdf- ./Professional_conduct_panel_outcome_-_Paul_Edwards.pdf-Weighed against these matters, the panel considered there were some aggravating ./Professional_conduct_panel_outcome_-_Paul_Edwards.pdf-factors present, including: ./Professional_conduct_panel_outcome_-_Paul_Edwards.pdf- ./Professional_conduct_panel_outcome_-_Paul_Edwards.pdf- • Mr Edwards' actions involved breaches of the Teachers' Standards. -- ./Professional_conduct_panel_outcome_-_Paul_Edwards.pdf-The nature of the proven conduct in this case was serious for the reasons outlined. ./Professional_conduct_panel_outcome_-_Paul_Edwards.pdf-However, having considered the mitigating factors present, the panel determined that a ./Professional_conduct_panel_outcome_-_Paul_Edwards.pdf-recommendation for a prohibition order would not be appropriate in this case for the ./Professional_conduct_panel_outcome_-_Paul_Edwards.pdf-following reasons in particular. ./Professional_conduct_panel_outcome_-_Paul_Edwards.pdf- ./Professional_conduct_panel_outcome_-_Paul_Edwards.pdf-First, the panel accepted that Mr Edwards had, but for these matters, a prior good record. ./Professional_conduct_panel_outcome_-_Paul_Edwards.pdf-This was, accordingly, an isolated aberration in the context of his career as a whole. ./Professional_conduct_panel_outcome_-_Paul_Edwards.pdf- ./Professional_conduct_panel_outcome_-_Paul_Edwards.pdf-Secondly, considered in its proper context, the panel was not satisfied that Mr Edwards' ./Professional_conduct_panel_outcome_-_Paul_Edwards.pdf-actions were fundamentally incompatible with his continuing to be a teacher. He was ./Professional_conduct_panel_outcome_-_Paul_Edwards.pdf:perfectly entitled to access legal, adult pornography in the course of his private life. Had ./Professional_conduct_panel_outcome_-_Paul_Edwards.pdf-he done so using a personal device, there would have been no cause for regulatory ./Professional_conduct_panel_outcome_-_Paul_Edwards.pdf-intervention by the TRA. There was every possibility he could prove to be an asset to the ./Professional_conduct_panel_outcome_-_Paul_Edwards.pdf- ./Professional_conduct_panel_outcome_-_Paul_Edwards.pdf- ./Professional_conduct_panel_outcome_-_Paul_Edwards.pdf- ./Professional_conduct_panel_outcome_-_Paul_Edwards.pdf- 12 ./Professional_conduct_panel_outcome_-_Paul_Edwards.pdf- -- ./Professional_conduct_panel_outcome_-_Paul_Edwards.pdf-recognised and accepted that he had let himself and the profession down.” I have ./Professional_conduct_panel_outcome_-_Paul_Edwards.pdf-therefore given this element considerable weight in reaching my decision. ./Professional_conduct_panel_outcome_-_Paul_Edwards.pdf- ./Professional_conduct_panel_outcome_-_Paul_Edwards.pdf-I have gone on to consider the extent to which a prohibition order would maintain public ./Professional_conduct_panel_outcome_-_Paul_Edwards.pdf-confidence in the profession. The panel observe, “For the reasons set out in its findings, ./Professional_conduct_panel_outcome_-_Paul_Edwards.pdf-the panel considered that public confidence in the profession could be weakened if ./Professional_conduct_panel_outcome_-_Paul_Edwards.pdf-conduct such as that found against Mr Edwards were not treated with the utmost ./Professional_conduct_panel_outcome_-_Paul_Edwards.pdf-seriousness when regulating the conduct of the profession.” However, I have also noted ./Professional_conduct_panel_outcome_-_Paul_Edwards.pdf-the panel’s comments that it “…was not satisfied that Mr Edwards' actions were ./Professional_conduct_panel_outcome_-_Paul_Edwards.pdf-fundamentally incompatible with his continuing to be a teacher. He was perfectly entitled ./Professional_conduct_panel_outcome_-_Paul_Edwards.pdf:to access legal, adult pornography in the course of his private life. Had he done so using ./Professional_conduct_panel_outcome_-_Paul_Edwards.pdf-a personal device, there would have been no cause for regulatory intervention by the ./Professional_conduct_panel_outcome_-_Paul_Edwards.pdf-TRA.” ./Professional_conduct_panel_outcome_-_Paul_Edwards.pdf- ./Professional_conduct_panel_outcome_-_Paul_Edwards.pdf-I have had to consider that the public has a high expectation of professional standards of ./Professional_conduct_panel_outcome_-_Paul_Edwards.pdf-all teachers and that the public might regard a failure to impose a prohibition order as a ./Professional_conduct_panel_outcome_-_Paul_Edwards.pdf-failure to uphold those high standards. In weighing these considerations, I have had to ./Professional_conduct_panel_outcome_-_Paul_Edwards.pdf-consider the matter from the point of view of an “ordinary intelligent and well-informed ./Professional_conduct_panel_outcome_-_Paul_Edwards.pdf-citizen.” ./Professional_conduct_panel_outcome_-_Paul_Edwards.pdf- ./Professional_conduct_panel_outcome_-_Paul_Edwards.pdf-I have considered whether the publication of a finding of unacceptable professional ./Professional_Conduct_S_of_S_decision__Yates.pdf- ./Professional_Conduct_S_of_S_decision__Yates.pdf-The panel’s attention was drawn to the decision of the High Court in Zebaida v Secretary ./Professional_Conduct_S_of_S_decision__Yates.pdf-of State for Education [2016] EWHC 1181. Here, the court stated that in respect of a ./Professional_Conduct_S_of_S_decision__Yates.pdf-conviction case, a common sense and plain reading of the legislation allowed for referral ./Professional_Conduct_S_of_S_decision__Yates.pdf-to the Secretary of State of a person who is employed or engaged in teaching (whenever ./Professional_Conduct_S_of_S_decision__Yates.pdf-the conduct giving rise to the concern takes place) or who was so employed or engaged ./Professional_Conduct_S_of_S_decision__Yates.pdf-at the time the conduct complained of takes place or comes to light. ./Professional_Conduct_S_of_S_decision__Yates.pdf- ./Professional_Conduct_S_of_S_decision__Yates.pdf-However, the High Court in Alsaifi v Secretary of State for Education [2016] EWHC 1591 ./Professional_Conduct_S_of_S_decision__Yates.pdf-drew a distinction between conviction cases and other conduct. Within this case the court ./Professional_Conduct_S_of_S_decision__Yates.pdf:had noted that the Zebaida case involved a conviction for a sexual offence and that ./Professional_Conduct_S_of_S_decision__Yates.pdf-therefore under section 141B(1)(b), the teacher’s conviction at any time could trigger a ./Professional_Conduct_S_of_S_decision__Yates.pdf-referral. The Court distinguished this from the situation where a person was not a teacher ./Professional_Conduct_S_of_S_decision__Yates.pdf-at the time of the alleged misconduct, but was at the time of the referral. The court noted ./Professional_Conduct_S_of_S_decision__Yates.pdf-that s141B(1)(a), the provision relating to unacceptable professional conduct or conduct ./Professional_Conduct_S_of_S_decision__Yates.pdf-that may bring the profession into disrepute, contained no reference to the conduct being ./Professional_Conduct_S_of_S_decision__Yates.pdf-at any time. In those circumstances the court did not consider that it was obvious that it ./Professional_Conduct_S_of_S_decision__Yates.pdf-was the intention of Parliament that such a person should be subject to investigation but ./Professional_Conduct_S_of_S_decision__Yates.pdf-for the purpose of the case before it, did not need to reach a determination on this point, ./Professional_Conduct_S_of_S_decision__Yates.pdf-merely stating there were arguments both for and against such an interpretation. There is ./Professional_Conduct_S_of_S_decision__Yates.pdf-therefore no settled case law which deals with this point. ./prohibition_mr_benjamin_conway_001.pdf- ./prohibition_mr_benjamin_conway_001.pdf-We confirm that we have read all the documents provided in the bundle in advance ./prohibition_mr_benjamin_conway_001.pdf-of the hearing. ./prohibition_mr_benjamin_conway_001.pdf- ./prohibition_mr_benjamin_conway_001.pdf-The case concerns allegations that the teacher, Mr Benjamin Conway, over a period ./prohibition_mr_benjamin_conway_001.pdf-of approximately six months engaged in communications with a former female pupil, ./prohibition_mr_benjamin_conway_001.pdf-Pupil A, who had been a student in his class at Farlingaye School where he had ./prohibition_mr_benjamin_conway_001.pdf-taught until the start of the academic year 2007/8. It is alleged that after he left ./prohibition_mr_benjamin_conway_001.pdf-Farlingaye School Mr Conway sent a number of increasingly inappropriate ./prohibition_mr_benjamin_conway_001.pdf-messages via Facebook to Pupil A who at the time was aged 16/17. In particular ./prohibition_mr_benjamin_conway_001.pdf:some of the later messages sent to Pupil A were of an overtly sexual nature. As a ./prohibition_mr_benjamin_conway_001.pdf-consequence Pupil A reported what had been happening to the Head Teacher of ./prohibition_mr_benjamin_conway_001.pdf-Farlingaye School who contacted Mr Conway’s current Head Teacher. ./prohibition_mr_benjamin_conway_001.pdf- ./prohibition_mr_benjamin_conway_001.pdf-Mr Conway was suspended on special paid leave on 25 April 2008. A Police ./prohibition_mr_benjamin_conway_001.pdf-investigation into the allegations was conducted. Mr Conway was interviewed under ./prohibition_mr_benjamin_conway_001.pdf-caution by the Police who found there was no criminal case to answer. In the course ./prohibition_mr_benjamin_conway_001.pdf-of the caution interview he denied sending any of the overtly offending messages. ./prohibition_mr_benjamin_conway_001.pdf-He said he had not had any contact with Pupil A at all via Facebook or any other ./prohibition_mr_benjamin_conway_001.pdf-form of contact with her since leaving Farlingaye High School. ./prohibition_mr_benjamin_conway_001.pdf- -- ./prohibition_mr_benjamin_conway_001.pdf- 6 ./prohibition_mr_benjamin_conway_001.pdf- ./prohibition_mr_benjamin_conway_001.pdf- ./prohibition_mr_benjamin_conway_001.pdf-We also take account of the inconsistencies contained in his answers given during ./prohibition_mr_benjamin_conway_001.pdf-the Police Caution Interview and his later questioning by the Headteacher Mr Smith. ./prohibition_mr_benjamin_conway_001.pdf-We note in particular that at the start of the Police Interview he concedes that he ./prohibition_mr_benjamin_conway_001.pdf-might have sent the initial message to Pupil A. He then goes on to deny ./prohibition_mr_benjamin_conway_001.pdf:responsibility for the later inappropriate and sexually suggestive messages that ./prohibition_mr_benjamin_conway_001.pdf-ensue in the course of the conversation with Pupil A which developed over several ./prohibition_mr_benjamin_conway_001.pdf-months. ./prohibition_mr_benjamin_conway_001.pdf- ./prohibition_mr_benjamin_conway_001.pdf-The inherent uncertainty that is evident in many of his responses is very difficult to ./prohibition_mr_benjamin_conway_001.pdf-understand especially as on his own account he clearly took some time to help Pupil ./prohibition_mr_benjamin_conway_001.pdf-A when she was in his class and formed a close working relationship with her before ./prohibition_mr_benjamin_conway_001.pdf-he moved schools. We find it impossible to accept that he would not be able to recall ./prohibition_mr_benjamin_conway_001.pdf-with clarity whether or not he did make contact with Pupil A on Facebook. We ./prohibition_mr_benjamin_conway_001.pdf-believe that his responses in interview suggest that he has not been candid - an ./prohibition_mr_benjamin_conway_001.pdf-impression that is reinforced by many other inconsistencies in the accounts he -- ./prohibition_mr_benjamin_conway_001.pdf- ./prohibition_mr_benjamin_conway_001.pdf- ./prohibition_mr_benjamin_conway_001.pdf- ./prohibition_mr_benjamin_conway_001.pdf-Findings as to Unacceptable Professional Conduct ./prohibition_mr_benjamin_conway_001.pdf- ./prohibition_mr_benjamin_conway_001.pdf-We find that in relation to particular 1 this is a case of Unacceptable Professional ./prohibition_mr_benjamin_conway_001.pdf-Conduct. At the time of the offending conversation sent via Facebook Pupil A was ./prohibition_mr_benjamin_conway_001.pdf-aged 16/17. She was a former pupil of Mr Conway – he had formed a close working ./prohibition_mr_benjamin_conway_001.pdf-relationship with her when she was in his class. He was a former class teacher to her ./prohibition_mr_benjamin_conway_001.pdf-and held a position of trust. He made a number of wholly inappropriate comments of ./prohibition_mr_benjamin_conway_001.pdf:a sexual nature to her and sent other suggestive messages. She reported the ./prohibition_mr_benjamin_conway_001.pdf-conversations to her Headteacher because she felt “uncomfortable” and considered ./prohibition_mr_benjamin_conway_001.pdf-that when he asked if she had a webcam –“it was going too far.” She was known to ./prohibition_mr_benjamin_conway_001.pdf-Mr Conway to be a vulnerable pupil. ./prohibition_mr_benjamin_conway_001.pdf- ./prohibition_mr_benjamin_conway_001.pdf-In our judgement this was conduct of a serious nature and we have no hesitation in ./prohibition_mr_benjamin_conway_001.pdf-finding that Mr Conway’s behaviour fell significantly short of the standards the public ./prohibition_mr_benjamin_conway_001.pdf-expect of the profession. This was a serious departure, over a sustained period of ./prohibition_mr_benjamin_conway_001.pdf-time, from the personal and professional standards expected of teachers and an ./prohibition_mr_benjamin_conway_001.pdf-abuse of Mr Conway’s position. This conduct may well have caused pupil A ./prohibition_mr_benjamin_conway_001.pdf-considerable anxiety. It was wholly improper behaviour.” ./prohibition_mr_stewart_david_bates.pdf- ./prohibition_mr_stewart_david_bates.pdf-The Panel considered the allegations set out in the amended Notice of Proceedings ./prohibition_mr_stewart_david_bates.pdf-dated 24 July 2012. These were as follows:- ./prohibition_mr_stewart_david_bates.pdf- ./prohibition_mr_stewart_david_bates.pdf- 1. You are guilty of unacceptable professional conduct in that whilst employed ./prohibition_mr_stewart_david_bates.pdf- as Head of Religious Studies at X School, in January 2009 you accessed ./prohibition_mr_stewart_david_bates.pdf- websites and emails on your laptop during lesson time that were not related to ./prohibition_mr_stewart_david_bates.pdf- the classes that you were teaching or your work at school. ./prohibition_mr_stewart_david_bates.pdf- 2. You are guilty of unacceptable professional conduct and/or conduct that may ./prohibition_mr_stewart_david_bates.pdf- bring the profession into disrepute in that in 2010 you conducted an ./prohibition_mr_stewart_david_bates.pdf: inappropriate sexual relationship with a former pupil of yours who was sixteen ./prohibition_mr_stewart_david_bates.pdf- at the material time. ./prohibition_mr_stewart_david_bates.pdf- 3. You have been convicted of the following relevant offences, namely; ./prohibition_mr_stewart_david_bates.pdf- -- ./prohibition_mr_stewart_david_bates.pdf- ./prohibition_mr_stewart_david_bates.pdf-In relation to allegation 1 it was an aggravating feature that Mr Bates had accessed a ./prohibition_mr_stewart_david_bates.pdf-dating website during a class although it would be unprofessional to access personal ./prohibition_mr_stewart_david_bates.pdf-emails during lessons in any event. Although an Employment Tribunal had found ./prohibition_mr_stewart_david_bates.pdf-that the investigation of this disciplinary matter by the school had been flawed, it had ./prohibition_mr_stewart_david_bates.pdf-concluded that Mr Bates’ conduct in this regard had not been blameless. ./prohibition_mr_stewart_david_bates.pdf-Furthermore Mr Bates had signed a policy document confirming he understood the ./prohibition_mr_stewart_david_bates.pdf-school’s policy in relation to computer use which included a rule that it was not to be ./prohibition_mr_stewart_david_bates.pdf-used for private communications. ./prohibition_mr_stewart_david_bates.pdf- ./prohibition_mr_stewart_david_bates.pdf:Allegation 2 concerned the inappropriate sexual relationship which he had formed ./prohibition_mr_stewart_david_bates.pdf-with a former pupil who was 16 at the material time (referred to in this Decision as ./prohibition_mr_stewart_david_bates.pdf-‘Pupil A’). It was accepted that this conduct took place after the termination of his ./prohibition_mr_stewart_david_bates.pdf-employment. The relationship had not been illegal but it was conduct which brought ./prohibition_mr_stewart_david_bates.pdf-the profession into disrepute in that it showed a breach of trust and abuse of ./prohibition_mr_stewart_david_bates.pdf-position. The Panel was invited to consider the Judge’s sentencing remarks when ./prohibition_mr_stewart_david_bates.pdf-Mr Bates was found guilty of common assault and imprisoned for six weeks. ./prohibition_mr_stewart_david_bates.pdf- ./prohibition_mr_stewart_david_bates.pdf-Ms Knight then turned to certificates of conviction which covered the remaining ./prohibition_mr_stewart_david_bates.pdf-allegations. She reminded the Panel they could not go behind the convictions which ./prohibition_mr_stewart_david_bates.pdf-are matters of fact. The convictions were in relation to driving offences committed on -- ./prohibition_mr_stewart_david_bates.pdf-period which was associated with health problems following the breakdown of his ./prohibition_mr_stewart_david_bates.pdf-marriage and the termination of his employment. He had been a successful teacher ./prohibition_mr_stewart_david_bates.pdf-for 20 years after qualifying at age 40. He had been head of Religious Studies at X ./prohibition_mr_stewart_david_bates.pdf-school since 1999 and successfully raised the standards, including at GCSE level. ./prohibition_mr_stewart_david_bates.pdf-He had been described as an outstanding teacher in two OFSTED reports. He ./prohibition_mr_stewart_david_bates.pdf-believed however that the Headteacher had a vendetta against him. ./prohibition_mr_stewart_david_bates.pdf- ./prohibition_mr_stewart_david_bates.pdf-Witnesses ./prohibition_mr_stewart_david_bates.pdf- ./prohibition_mr_stewart_david_bates.pdf-The only oral evidence was given by Mr Bates. He confirmed that he admitted all the ./prohibition_mr_stewart_david_bates.pdf:facts of the allegations except that he did not accept that his sexual relationship with ./prohibition_mr_stewart_david_bates.pdf-a former pupil of 16 was inappropriate. Furthermore he did not accept that the facts in ./prohibition_mr_stewart_david_bates.pdf-allegations 1 and 2 amounted to unacceptable professional conduct. Whilst he had ./prohibition_mr_stewart_david_bates.pdf-to admit that the certificates of conviction were correct, he had applied to the ./prohibition_mr_stewart_david_bates.pdf-Criminal Cases Review Commission (CCRC) which was at present reviewing his ./prohibition_mr_stewart_david_bates.pdf-conviction for common assault. ./prohibition_mr_stewart_david_bates.pdf- ./prohibition_mr_stewart_david_bates.pdf-In relation to allegation 1 he referred the Panel to the decision given by the ./prohibition_mr_stewart_david_bates.pdf-Employment Tribunal that he had been unfairly dismissed. Mr Bates said that he ./prohibition_mr_stewart_david_bates.pdf- -- ./prohibition_mr_stewart_david_bates.pdf-dating website when he had seen an email from a contact, and had responded to ./prohibition_mr_stewart_david_bates.pdf-that contact in a matter of seconds. He drew attention to the description of this ./prohibition_mr_stewart_david_bates.pdf-activity as “seedy” by the Headteacher and others who had given evidence to the ./prohibition_mr_stewart_david_bates.pdf-Employment Tribunal. ./prohibition_mr_stewart_david_bates.pdf- ./prohibition_mr_stewart_david_bates.pdf-Mr Bates explained to the Panel that he had not been able to drink alcohol for some ./prohibition_mr_stewart_david_bates.pdf-time because of medication and that the first time he had had some alcohol he had ./prohibition_mr_stewart_david_bates.pdf-unfortunately driven a car, travelling at short notice to see a girlfriend who was ill. ./prohibition_mr_stewart_david_bates.pdf-That was the occasion of the offence on 10 April 2009. ./prohibition_mr_stewart_david_bates.pdf- ./prohibition_mr_stewart_david_bates.pdf:In relation to the allegation of an inappropriate sexual relationship with a former ./prohibition_mr_stewart_david_bates.pdf-pupil, Mr Bates drew attention to the fact that the former Chief Inspector of Schools, ./prohibition_mr_stewart_david_bates.pdf-had had a relationship with a pupil whereas he had had a relationship with a former ./prohibition_mr_stewart_david_bates.pdf-pupil. He had had many years of a blameless career first as a youth worker and ./prohibition_mr_stewart_david_bates.pdf-then as a teacher. There had never been any previous suggestion of impropriety ./prohibition_mr_stewart_david_bates.pdf-although he had had to extricate himself from a difficult encounter with a female pupil ./prohibition_mr_stewart_david_bates.pdf-while on a school journey. ./prohibition_mr_stewart_david_bates.pdf- ./prohibition_mr_stewart_david_bates.pdf-Mr Bates drew attention to the submissions that he had made to the CCRC, which ./prohibition_mr_stewart_david_bates.pdf-were in the bundle. He emphasised that he had not known that the pupil against ./prohibition_mr_stewart_david_bates.pdf-whom he had been convicted of common assault was vulnerable or previously in ./prohibition_mr_stewart_david_bates.pdf-care. She had not been his pupil. Her best friend was the girl with whom he had ./prohibition_mr_stewart_david_bates.pdf:had the sexual relationship. That girl’s evidence had been supportive during the ./prohibition_mr_stewart_david_bates.pdf-criminal proceedings. He did not believe the conviction would stand. He had been ./prohibition_mr_stewart_david_bates.pdf:found not guilty of all the original sexual assault charges but the Judge appeared to ./prohibition_mr_stewart_david_bates.pdf-have taken those charges into account as background in his sentencing remarks. ./prohibition_mr_stewart_david_bates.pdf-The only evidence which had been corroborated in relation to the assault was that ./prohibition_mr_stewart_david_bates.pdf-his hands were on pupil B’s shoulders. The Judge had ruled the jury that if Pupil B ./prohibition_mr_stewart_david_bates.pdf-did not want them there that would constitute common assault. He had been ./prohibition_mr_stewart_david_bates.pdf-convicted as a result. ./prohibition_mr_stewart_david_bates.pdf- ./prohibition_mr_stewart_david_bates.pdf-Mr Bates said that he did not represent a danger to children but he did not expect to ./prohibition_mr_stewart_david_bates.pdf-be able to take up a permanent appointment again. He thought it possible that he ./prohibition_mr_stewart_david_bates.pdf-might get some supply teaching if allowed to continue with his career. ./prohibition_mr_stewart_david_bates.pdf- -- ./prohibition_mr_stewart_david_bates.pdf- 6 ./prohibition_mr_stewart_david_bates.pdf- ./prohibition_mr_stewart_david_bates.pdf- ./prohibition_mr_stewart_david_bates.pdf-that the relationship described in Allegation 2 was inappropriate. You conceded ./prohibition_mr_stewart_david_bates.pdf-however during questioning that the relationship was inappropriate. ./prohibition_mr_stewart_david_bates.pdf- ./prohibition_mr_stewart_david_bates.pdf- 1. That whilst employed as Head of Religious Studies at X School, in January ./prohibition_mr_stewart_david_bates.pdf- 2009 you accessed websites and emails on your laptop during lesson time ./prohibition_mr_stewart_david_bates.pdf- that were not related to the classes that you were teaching or your work at ./prohibition_mr_stewart_david_bates.pdf- school. ./prohibition_mr_stewart_david_bates.pdf: 2. That in 2010 you conducted an inappropriate sexual relationship with a former ./prohibition_mr_stewart_david_bates.pdf- pupil of yours who was a pupil at the material time. ./prohibition_mr_stewart_david_bates.pdf- 3. a. That on 23 April 2009 you were fined £800 by Bolton Magistrates, for ./prohibition_mr_stewart_david_bates.pdf- driving a motor vehicle with excess alcohol on 10 April 2009. You were also ./prohibition_mr_stewart_david_bates.pdf- disqualified from driving for 2 years, that to be reduced by 6 months if by 22 ./prohibition_mr_stewart_david_bates.pdf- August 2010 you satisfactorily completed a course approved by the Secretary ./prohibition_mr_stewart_david_bates.pdf- of State. ./prohibition_mr_stewart_david_bates.pdf- b. That on 5 November 2009 you were convicted by Bolton Magistrates of ./prohibition_mr_stewart_david_bates.pdf- driving a motor vehicle on 12 May 2009, whilst disqualified, and made subject ./prohibition_mr_stewart_david_bates.pdf- to a community order, ordered to pay costs and disqualified from driving for 18 ./prohibition_mr_stewart_david_bates.pdf- months. -- ./prohibition_mr_stewart_david_bates.pdf-had a relationship was not being taught by you at the time – indeed you did not have ./prohibition_mr_stewart_david_bates.pdf-a teaching post at the time – and that she may to some extent have led you on, she ./prohibition_mr_stewart_david_bates.pdf-was nonetheless under your influence. Indeed the judge at your trial for common ./prohibition_mr_stewart_david_bates.pdf-assault against former pupil J who was present with pupil at your house, made the ./prohibition_mr_stewart_david_bates.pdf-same point. Such behaviour does not uphold public trust in the profession. ./prohibition_mr_stewart_david_bates.pdf- ./prohibition_mr_stewart_david_bates.pdf-Having found the facts of all the convictions proved on your admission, the Panel ./prohibition_mr_stewart_david_bates.pdf-has found that they all constitute ‘relevant offences’. In our view, all the offences ./prohibition_mr_stewart_david_bates.pdf-were serious enough in their context to be ‘relevant’ as defined in DfE guidance ‘The ./prohibition_mr_stewart_david_bates.pdf-prohibition of teachers’. Common assault is in the lowest category of offences of ./prohibition_mr_stewart_david_bates.pdf:violence but in the sexual context mentioned above, it is serious, particularly as here, ./prohibition_mr_stewart_david_bates.pdf-where you had taken alcohol. Offences of drink-driving and driving whilst disqualified ./prohibition_mr_stewart_david_bates.pdf-cannot be regarded as minor, and indeed all the offences found proved on 5 ./prohibition_mr_stewart_david_bates.pdf-November 2009 took place at the same time in the context of a conscious decision to ./prohibition_mr_stewart_david_bates.pdf-drive only a month after disqualification, and in the knowledge that you had no ./prohibition_mr_stewart_david_bates.pdf-insurance. ./prohibition_mr_stewart_david_bates.pdf- ./prohibition_mr_stewart_david_bates.pdf-Submissions as to sanction ./prohibition_mr_stewart_david_bates.pdf- ./prohibition_mr_stewart_david_bates.pdf-The Presenting Officer pointed out to the Panel that Mr Bates had been just over ./prohibition_mr_stewart_david_bates.pdf-three times the legal alcohol limit and his period of disqualification on 10 April 2009 -- ./prohibition_mr_stewart_david_bates.pdf-and that he was an inspirational teacher. His former headteacher, whom he accused ./prohibition_mr_stewart_david_bates.pdf-of conducting a vendetta against him, had praised his pupils’ exam results, and the ./prohibition_mr_stewart_david_bates.pdf-Panel accepts that there is no evidence that Mr Bates has not been a competent ./prohibition_mr_stewart_david_bates.pdf-teacher. The Panel however found that Mr Bates seemed unwilling to acknowledge ./prohibition_mr_stewart_david_bates.pdf-his own fault and sought to place blame on others. ./prohibition_mr_stewart_david_bates.pdf- ./prohibition_mr_stewart_david_bates.pdf-In the view of the Panel, Mr Bates’ unacceptable professional conduct, together with ./prohibition_mr_stewart_david_bates.pdf-the convictions found by the Panel to be ‘relevant’, constitute serious departures ./prohibition_mr_stewart_david_bates.pdf-from the personal and professional standards expected of a teacher. In particular, his ./prohibition_mr_stewart_david_bates.pdf-conviction for an offence of violence – for which he received a sentence of ./prohibition_mr_stewart_david_bates.pdf:imprisonment – in the aggravated context of a sexual encounter with a 16 year old ./prohibition_mr_stewart_david_bates.pdf-former pupil involving an abuse of trust, on its own justifies a Prohibition Order. To ./prohibition_mr_stewart_david_bates.pdf-recommend otherwise would in our view, threaten public confidence in the ./prohibition_mr_stewart_david_bates.pdf-profession. The relationship was in any event the subject of a separate allegation ./prohibition_mr_stewart_david_bates.pdf-which, the Panel also found, constitutes unacceptable professional conduct. The ./prohibition_mr_stewart_david_bates.pdf-Panel recommends that a Prohibition Order be made. ./prohibition_mr_stewart_david_bates.pdf- ./prohibition_mr_stewart_david_bates.pdf-Mr Bates has made an application to the Criminal Cases Review Commission for ./prohibition_mr_stewart_david_bates.pdf-referral of his conviction for common assault to the Court of Appeal. This review will ./prohibition_mr_stewart_david_bates.pdf-take some time. The Panel has considered whether, in light of the possibility that this ./prohibition_mr_stewart_david_bates.pdf-conviction may be overturned, Mr Bates should be able to apply to the Secretary of ./Prohibition_order_-_Mr_David_Leonard_Doubtfire.pdf-profession and maintain high standards of ethics and behaviour within and outside ./Prohibition_order_-_Mr_David_Leonard_Doubtfire.pdf:school. The behaviour was serious in that it was an offence of a sexual nature and ./Prohibition_order_-_Mr_David_Leonard_Doubtfire.pdf-clearly caused distress. ./Prohibition_order_-_Mr_David_Leonard_Doubtfire.pdf- ./Prohibition_order_-_Mr_David_Leonard_Doubtfire.pdf-Panel’s recommendation to the Secretary of State ./Prohibition_order_-_Mr_David_Leonard_Doubtfire.pdf-The panel has considered the matters put forward in mitigation, including the ./Prohibition_order_-_Mr_David_Leonard_Doubtfire.pdf-character references provided. The panel noted that, in his sentencing remarks, the ./Prohibition_order_-_Mr_David_Leonard_Doubtfire.pdf-Recorder referred to Mr Doubtfire’s ‘impeccable background’ and the panel has ./Prohibition_order_-_Mr_David_Leonard_Doubtfire.pdf-treated him as a person with no previous convictions. The panel noted that Mr ./Prohibition_order_-_Mr_David_Leonard_Doubtfire.pdf-Doubtfire said in his written submission that he received a final written warning for ./Prohibition_order_-_Mr_David_Leonard_Doubtfire.pdf-using the School telephone for private and inappropriate purposes. The panel also ./Prohibition_order_-_Mr_David_Leonard_Doubtfire.pdf-noted Mr Doubtfire’s assertion that his single act of voyeurism was ‘a moment of ./Prohibition_order_-_Mr_David_Leonard_Doubtfire.pdf-madness’ and he emphasised his regret and deep shame. ./Prohibition_order_-_Mr_David_Leonard_Doubtfire.pdf- ./Prohibition_order_-_Mr_David_Leonard_Doubtfire.pdf-The panel considers that Mr Doubtfire’s conduct is incompatible with being a teacher ./Prohibition_order_-_Mr_David_Leonard_Doubtfire.pdf-for the following reasons: ./Prohibition_order_-_Mr_David_Leonard_Doubtfire.pdf- ./Prohibition_order_-_Mr_David_Leonard_Doubtfire.pdf-  This was a serious departure from the personal and professional conduct ./Prohibition_order_-_Mr_David_Leonard_Doubtfire.pdf- elements of the Teachers’ Standards ./Prohibition_order_-_Mr_David_Leonard_Doubtfire.pdf:  It was sexual misconduct which involved the commission of a serious criminal ./Prohibition_order_-_Mr_David_Leonard_Doubtfire.pdf- offence. ./Prohibition_order_-_Mr_David_Leonard_Doubtfire.pdf-The panel noted that Mr Doubtfire has a previous good history in terms of offending. ./Prohibition_order_-_Mr_David_Leonard_Doubtfire.pdf-The panel also noted the impact of his medical condition on his everyday life and his ./Prohibition_order_-_Mr_David_Leonard_Doubtfire.pdf-psychological state as he attempted to carry on with his job and his daily life. ./Prohibition_order_-_Mr_David_Leonard_Doubtfire.pdf- ./Prohibition_order_-_Mr_David_Leonard_Doubtfire.pdf-However, the panel has concluded that a Prohibition Order is nevertheless necessary ./Prohibition_order_-_Mr_David_Leonard_Doubtfire.pdf-in order to maintain public confidence in the profession and to declare and uphold ./Prohibition_order_-_Mr_David_Leonard_Doubtfire.pdf-proper standards of conduct. This is the panel’s recommendation. ./Prohibition_order_-_Mr_David_Leonard_Doubtfire.pdf- ./Prohibition_order_-_Mr_David_Leonard_Doubtfire.pdf-The panel considered whether to recommend that Mr Doubtfire should be allowed to ./Prohibition_order_-_Mr_David_Leonard_Doubtfire.pdf-make a future application to have the Prohibition Order set aside. The Panel does not ./Prohibition_order_-_Mr_David_Leonard_Doubtfire.pdf:believe that this would be appropriate in this case. The behaviour was serious sexual ./Prohibition_order_-_Mr_David_Leonard_Doubtfire.pdf-misconduct in a public place, which caused significant distress to the victim and Mr ./Prohibition_order_-_Mr_David_Leonard_Doubtfire.pdf-Doubtfire has not demonstrated to the panel that he has clear insight into the causes ./Prohibition_order_-_Mr_David_Leonard_Doubtfire.pdf-of his behaviour. The panel’s recommendation is that Mr Doubtfire should not be ./Prohibition_order_-_Mr_David_Leonard_Doubtfire.pdf-permitted to make a future application to have the Prohibition Order set aside. ./Prohibition_order_-_Mr_David_Leonard_Doubtfire.pdf- ./Prohibition_order_-_Mr_David_Leonard_Doubtfire.pdf- ./Prohibition_order_-_Mr_David_Leonard_Doubtfire.pdf-Decision and reasons on behalf of the Secretary of State ./Prohibition_order_-_Mr_David_Leonard_Doubtfire.pdf-I have given very careful consideration to this case and to the recommendations of ./Prohibition_order_-_Mr_David_Leonard_Doubtfire.pdf-the panel in respect of both sanction and review period. ./Prohibition_order_-_Mr_David_Leonard_Doubtfire.pdf- -- ./Prohibition_order_-_Mr_David_Leonard_Doubtfire.pdf-This case involves a conviction for the offence of voyeurism. Mr Doubtfire was given ./Prohibition_order_-_Mr_David_Leonard_Doubtfire.pdf-a sentence of a conditional discharge order for 12 months and ordered to pay a ./Prohibition_order_-_Mr_David_Leonard_Doubtfire.pdf-victim surcharge of £15.00. ./Prohibition_order_-_Mr_David_Leonard_Doubtfire.pdf- ./Prohibition_order_-_Mr_David_Leonard_Doubtfire.pdf-The panel has found that the facts of the case were proven. ./Prohibition_order_-_Mr_David_Leonard_Doubtfire.pdf- ./Prohibition_order_-_Mr_David_Leonard_Doubtfire.pdf:This case involved behaviour that was serious, in that it was an offence of a sexual ./Prohibition_order_-_Mr_David_Leonard_Doubtfire.pdf-nature. ./Prohibition_order_-_Mr_David_Leonard_Doubtfire.pdf- ./Prohibition_order_-_Mr_David_Leonard_Doubtfire.pdf-The panel also found that Mr Doubtfire’s conduct is incompatible with being a teacher ./Prohibition_order_-_Mr_David_Leonard_Doubtfire.pdf-for the following reasons: ./Prohibition_order_-_Mr_David_Leonard_Doubtfire.pdf- ./Prohibition_order_-_Mr_David_Leonard_Doubtfire.pdf-  This was a serious departure from the personal and professional conduct ./Prohibition_order_-_Mr_David_Leonard_Doubtfire.pdf- elements of the Teachers’ Standards ./Prohibition_order_-_Mr_David_Leonard_Doubtfire.pdf:  It was sexual misconduct which involved the commission of a serious criminal ./Prohibition_order_-_Mr_David_Leonard_Doubtfire.pdf- offence. ./Prohibition_order_-_Mr_David_Leonard_Doubtfire.pdf-I have carefully considered the public interest in this case and weighed that against ./Prohibition_order_-_Mr_David_Leonard_Doubtfire.pdf-the interests of Mr Doubtfire. I have considered the need to be proportionate, but also ./Prohibition_order_-_Mr_David_Leonard_Doubtfire.pdf-to take into account the public reputation of the profession. ./Prohibition_order_-_Mr_David_Leonard_Doubtfire.pdf- ./Prohibition_order_-_Mr_David_Leonard_Doubtfire.pdf-I support the recommendation of the panel that a prohibition order is a proportionate ./Prohibition_order_-_Mr_David_Leonard_Doubtfire.pdf-outcome. ./Prohibition_order_-_Mr_David_Leonard_Doubtfire.pdf- ./Prohibition_order_-_Mr_David_Leonard_Doubtfire.pdf-I have also considered the matter of a review period. I have considered carefully the ./Prohibition_order_-_Mr_David_Leonard_Doubtfire.pdf-guidance published by the Secretary of State. That guidance indicates that a panel ./Prohibition_order_-_Mr_David_Leonard_Doubtfire.pdf-should consider recommending that a prohibition order is imposed with no provision ./Prohibition_order_-_Mr_David_Leonard_Doubtfire.pdf:for a review period where the case involves serious sexual misconduct. In addition ./Prohibition_order_-_Mr_David_Leonard_Doubtfire.pdf-distress was caused. ./Prohibition_order_-_Mr_David_Leonard_Doubtfire.pdf- ./Prohibition_order_-_Mr_David_Leonard_Doubtfire.pdf-This case does meet that criteria, although I have also considered the case on its ./Prohibition_order_-_Mr_David_Leonard_Doubtfire.pdf-own merits and considered the need to be proportionate. ./Prohibition_order_-_Mr_David_Leonard_Doubtfire.pdf- ./Prohibition_order_-_Mr_David_Leonard_Doubtfire.pdf-The panel were also clear that Mr Doubtfire had not shown sufficient insight. ./Prohibition_order_-_Mr_David_Leonard_Doubtfire.pdf- ./Prohibition_order_-_Mr_David_Leonard_Doubtfire.pdf-I therefore support the recommendation that there be no review period. ./Prohibition_order_-_Mr_David_Leonard_Doubtfire.pdf- ./Prohibition_order_-_Mr_David_Leonard_Doubtfire.pdf-This means that Mr David Doubtfire is prohibited from teaching indefinitely and ./Prohibition_order_Andrew_Watson__5_June_2015.pdf- b. Gave Student A your mobile number; ./Prohibition_order_Andrew_Watson__5_June_2015.pdf- ./Prohibition_order_Andrew_Watson__5_June_2015.pdf- c. Met with Student A outside school; ./Prohibition_order_Andrew_Watson__5_June_2015.pdf- ./Prohibition_order_Andrew_Watson__5_June_2015.pdf- d. Allowed Student A to visit and stay overnight at your home; ./Prohibition_order_Andrew_Watson__5_June_2015.pdf- ./Prohibition_order_Andrew_Watson__5_June_2015.pdf- e. Kissed Student A on at least one occasion; ./Prohibition_order_Andrew_Watson__5_June_2015.pdf- ./Prohibition_order_Andrew_Watson__5_June_2015.pdf- f. Hugged Student A. ./Prohibition_order_Andrew_Watson__5_June_2015.pdf- ./Prohibition_order_Andrew_Watson__5_June_2015.pdf: 2. Your conduct in relation to allegation 1a-1f was sexually motivated. ./Prohibition_order_Andrew_Watson__5_June_2015.pdf- ./Prohibition_order_Andrew_Watson__5_June_2015.pdf-In a Statement of Agreed Facts signed by Mr Watson on 22 April 2015 and by the ./Prohibition_order_Andrew_Watson__5_June_2015.pdf-presenting officer on 24 April 2015, Mr Watson admitted the facts of the allegations and ./Prohibition_order_Andrew_Watson__5_June_2015.pdf-that they amount to unacceptable professional conduct and/or conduct that may bring the ./Prohibition_order_Andrew_Watson__5_June_2015.pdf-profession into disrepute. He also made the same admissions, in a response to a Notice ./Prohibition_order_Andrew_Watson__5_June_2015.pdf-of Referral Form dated 11 March 2015. ./Prohibition_order_Andrew_Watson__5_June_2015.pdf- ./Prohibition_order_Andrew_Watson__5_June_2015.pdf- ./Prohibition_order_Andrew_Watson__5_June_2015.pdf-C. Preliminary applications ./Prohibition_order_Andrew_Watson__5_June_2015.pdf-There were no preliminary applications, but the panel considered a preliminary matter. -- ./Prohibition_order_Andrew_Watson__5_June_2015.pdf-included hugging on one occasion. ./Prohibition_order_Andrew_Watson__5_June_2015.pdf- ./Prohibition_order_Andrew_Watson__5_June_2015.pdf-The note of the police discussion with Student A refers to her having stated that on ./Prohibition_order_Andrew_Watson__5_June_2015.pdf-occasion they hugged and cuddled. ./Prohibition_order_Andrew_Watson__5_June_2015.pdf- ./Prohibition_order_Andrew_Watson__5_June_2015.pdf-In light of the above information, the panel therefore finds it proven that Mr Watson ./Prohibition_order_Andrew_Watson__5_June_2015.pdf-hugged Student A on at least one occasion. Such behaviour was outside a teacher’s ./Prohibition_order_Andrew_Watson__5_June_2015.pdf-professional boundaries. Mr Watson’s conduct represented a failure to adhere to those ./Prohibition_order_Andrew_Watson__5_June_2015.pdf-professional boundaries. For these reasons, the panel find this allegation proven. ./Prohibition_order_Andrew_Watson__5_June_2015.pdf- ./Prohibition_order_Andrew_Watson__5_June_2015.pdf: 2. Your conduct in relation to allegation 1a-1f was sexually motivated ./Prohibition_order_Andrew_Watson__5_June_2015.pdf- ./Prohibition_order_Andrew_Watson__5_June_2015.pdf-The panel followed the advice received from the legal advisor and first considered ./Prohibition_order_Andrew_Watson__5_June_2015.pdf-whether a reasonable person would think the actions and behaviours found proven could ./Prohibition_order_Andrew_Watson__5_June_2015.pdf:be sexual, ie an objective test. The panel then considered whether, in all the ./Prohibition_order_Andrew_Watson__5_June_2015.pdf-circumstances, Mr Watson’s purpose of undertaking the actions and behaviours found ./Prohibition_order_Andrew_Watson__5_June_2015.pdf:proven was sexual, ie a subjective test. ./Prohibition_order_Andrew_Watson__5_June_2015.pdf- ./Prohibition_order_Andrew_Watson__5_June_2015.pdf-In the Statement of Agreed Facts, Mr Watson has admitted that his conduct in relation to ./Prohibition_order_Andrew_Watson__5_June_2015.pdf:the above contact with Student A referred to in allegation 1a to 1f was sexually ./Prohibition_order_Andrew_Watson__5_June_2015.pdf-motivated. ./Prohibition_order_Andrew_Watson__5_June_2015.pdf- ./Prohibition_order_Andrew_Watson__5_June_2015.pdf-The panel notes that both Student A (in the note of her conversation with the police) and ./Prohibition_order_Andrew_Watson__5_June_2015.pdf-the contemporaneous notes of Mr Watson’s discussion with the Vice Principal indicate ./Prohibition_order_Andrew_Watson__5_June_2015.pdf:that there was no sexual contact between them. ./Prohibition_order_Andrew_Watson__5_June_2015.pdf- ./Prohibition_order_Andrew_Watson__5_June_2015.pdf-In his written representations to the National College, Mr Watson states that his actions ./Prohibition_order_Andrew_Watson__5_June_2015.pdf-were not done with the intention to harm anybody or with an ulterior motive to gain power ./Prohibition_order_Andrew_Watson__5_June_2015.pdf:over anybody, sexually or otherwise. ./Prohibition_order_Andrew_Watson__5_June_2015.pdf- ./Prohibition_order_Andrew_Watson__5_June_2015.pdf-The panel concluded that a reasonable person would consider meeting up with Student ./Prohibition_order_Andrew_Watson__5_June_2015.pdf-A, hugging or cuddling her, kissing her on the lips on at least one occasion, and allowing ./Prohibition_order_Andrew_Watson__5_June_2015.pdf:Student A to stay overnight in his home, was sexually motivated behaviour. ./Prohibition_order_Andrew_Watson__5_June_2015.pdf-Furthermore, in light of all the evidence, which included Mr Watson’s admission, it was ./Prohibition_order_Andrew_Watson__5_June_2015.pdf:clear to the panel that the purpose of his behaviour was sexual. For these reasons the ./Prohibition_order_Andrew_Watson__5_June_2015.pdf-panel find this allegation proven. ./Prohibition_order_Andrew_Watson__5_June_2015.pdf- ./Prohibition_order_Andrew_Watson__5_June_2015.pdf- ./Prohibition_order_Andrew_Watson__5_June_2015.pdf- ./Prohibition_order_Andrew_Watson__5_June_2015.pdf- ./Prohibition_order_Andrew_Watson__5_June_2015.pdf- 9 ./Prohibition_order_Andrew_Watson__5_June_2015.pdf- -- ./Prohibition_order_Andrew_Watson__5_June_2015.pdf- professional position; ./Prohibition_order_Andrew_Watson__5_June_2015.pdf- having regard for the need to safeguard pupils’ well-being, in accordance ./Prohibition_order_Andrew_Watson__5_June_2015.pdf- with statutory provisions; ./Prohibition_order_Andrew_Watson__5_June_2015.pdf-The panel is satisfied that the conduct of Mr Watson fell significantly short of the ./Prohibition_order_Andrew_Watson__5_June_2015.pdf-standards expected of the profession. Arranging to meet Student A at his home, when ./Prohibition_order_Andrew_Watson__5_June_2015.pdf-her parents were not aware, hugging, kissing Student A on the lips and allowing Student ./Prohibition_order_Andrew_Watson__5_June_2015.pdf-A to stay overnight (albeit in a separate room to him) is far below the standards of ./Prohibition_order_Andrew_Watson__5_June_2015.pdf-conduct and professional behaviour expected of teachers. ./Prohibition_order_Andrew_Watson__5_June_2015.pdf- ./Prohibition_order_Andrew_Watson__5_June_2015.pdf-The panel gave careful consideration as to whether Mr Watson’s conduct displayed ./Prohibition_order_Andrew_Watson__5_June_2015.pdf:behaviours associated with an offence of “sexual activity” referred to in page 8 of the ./Prohibition_order_Andrew_Watson__5_June_2015.pdf:guidance. In the view of the panel, Mr Watson’s behaviour was certainly sexually ./Prohibition_order_Andrew_Watson__5_June_2015.pdf-motivated, but was at the lower end of the scale and therefore could not be interpreted as ./Prohibition_order_Andrew_Watson__5_June_2015.pdf:behaviour associated with an offence of sexual activity. ./Prohibition_order_Andrew_Watson__5_June_2015.pdf- ./Prohibition_order_Andrew_Watson__5_June_2015.pdf-Accordingly, the panel is satisfied that Mr Watson is guilty of unacceptable professional ./Prohibition_order_Andrew_Watson__5_June_2015.pdf-conduct. ./Prohibition_order_Andrew_Watson__5_June_2015.pdf- ./Prohibition_order_Andrew_Watson__5_June_2015.pdf-The panel has taken into account how the teaching profession is viewed by others and ./Prohibition_order_Andrew_Watson__5_June_2015.pdf-considered the influence that teachers may have on pupils, parents and others in the ./Prohibition_order_Andrew_Watson__5_June_2015.pdf-community. The panel has taken account of the uniquely influential role that teachers ./Prohibition_order_Andrew_Watson__5_June_2015.pdf-can hold in pupils’ lives and that pupils must be able to view teachers as role models in ./Prohibition_order_Andrew_Watson__5_June_2015.pdf-the way they behave. ./Prohibition_order_Andrew_Watson__5_June_2015.pdf- -- ./Prohibition_order_Andrew_Watson__5_June_2015.pdf:  sexual misconduct, eg involving actions that were sexually motivated or of a ./Prohibition_order_Andrew_Watson__5_June_2015.pdf: sexual nature and/or that use or exploit the trust, knowledge or influence derived ./Prohibition_order_Andrew_Watson__5_June_2015.pdf- from the individual’s professional position ./Prohibition_order_Andrew_Watson__5_June_2015.pdf-Even though there were behaviours that would point to a prohibition order being ./Prohibition_order_Andrew_Watson__5_June_2015.pdf-appropriate, the panel went on to consider whether or not there were sufficient mitigating ./Prohibition_order_Andrew_Watson__5_June_2015.pdf-factors to militate against a prohibition order being an appropriate and proportionate ./Prohibition_order_Andrew_Watson__5_June_2015.pdf-measure to impose, particularly taking into account the nature and severity of the ./Prohibition_order_Andrew_Watson__5_June_2015.pdf-behaviour in this case. ./Prohibition_order_Andrew_Watson__5_June_2015.pdf- ./Prohibition_order_Andrew_Watson__5_June_2015.pdf-In light of the panel’s findings, there was no evidence that Mr Watson’s actions were ./Prohibition_order_Andrew_Watson__5_June_2015.pdf-anything other than deliberate or that he was acting under duress. ./Prohibition_order_Andrew_Watson__5_June_2015.pdf- -- ./Prohibition_order_Andrew_Watson__5_June_2015.pdf-The panel had regard to job references relating to a previous job application which were ./Prohibition_order_Andrew_Watson__5_June_2015.pdf-not prepared for these proceedings. These references indicated that Mr Watson was a ./Prohibition_order_Andrew_Watson__5_June_2015.pdf-good teacher, who could be recommended without reservation. He was said to be ./Prohibition_order_Andrew_Watson__5_June_2015.pdf-hardworking, focussed, very pleasant to work with, a “team player”, who had a firm and ./Prohibition_order_Andrew_Watson__5_June_2015.pdf-fair attitude towards pupils and got on well with pupils and staff. This is the only ./Prohibition_order_Andrew_Watson__5_June_2015.pdf-evidence presented which relates to Mr Watson’s character. The panel were of the view ./Prohibition_order_Andrew_Watson__5_June_2015.pdf-that it would have been helpful to have presented more up-to-date character references. ./Prohibition_order_Andrew_Watson__5_June_2015.pdf- ./Prohibition_order_Andrew_Watson__5_June_2015.pdf-Given the nature and seriousness of Mr Watson’s behaviour towards Student A, the ./Prohibition_order_Andrew_Watson__5_June_2015.pdf-panel has determined that a recommendation for a prohibition order would be appropriate ./Prohibition_order_Andrew_Watson__5_June_2015.pdf:and proportionate in this case. The sexual motivation behind Mr Watson’s behaviour and ./Prohibition_order_Andrew_Watson__5_June_2015.pdf- ./Prohibition_order_Andrew_Watson__5_June_2015.pdf- ./Prohibition_order_Andrew_Watson__5_June_2015.pdf- 12 ./Prohibition_order_Andrew_Watson__5_June_2015.pdf- -- ./Prohibition_order_Andrew_Watson__5_June_2015.pdf-factors in forming this opinion. ./Prohibition_order_Andrew_Watson__5_June_2015.pdf- ./Prohibition_order_Andrew_Watson__5_June_2015.pdf-The panel went on to consider whether or not it would be appropriate for it to decide to ./Prohibition_order_Andrew_Watson__5_June_2015.pdf-recommend that a review period of the order should be considered. The panel were ./Prohibition_order_Andrew_Watson__5_June_2015.pdf-mindful that the guidance advises that a prohibition order applies for life, but there may ./Prohibition_order_Andrew_Watson__5_June_2015.pdf-be circumstances in any given case that may make it appropriate to allow a teacher to ./Prohibition_order_Andrew_Watson__5_June_2015.pdf-apply to have the prohibition order reviewed after a specified period of time that may not ./Prohibition_order_Andrew_Watson__5_June_2015.pdf-be less than two years. ./Prohibition_order_Andrew_Watson__5_June_2015.pdf- ./Prohibition_order_Andrew_Watson__5_June_2015.pdf-The guidance indicates that there are behaviours that, if proven, would militate against a ./Prohibition_order_Andrew_Watson__5_June_2015.pdf:review period being recommended. One of these behaviours includes serious sexual ./Prohibition_order_Andrew_Watson__5_June_2015.pdf:misconduct, eg where the act was sexually motivated and resulted in or had the potential ./Prohibition_order_Andrew_Watson__5_June_2015.pdf-to result in, harm to a person or persons, particularly where the individual has used their ./Prohibition_order_Andrew_Watson__5_June_2015.pdf-professional position to influence or exploit a person or persons. The panel has found ./Prohibition_order_Andrew_Watson__5_June_2015.pdf:Mr Watson’s behaviour towards Student A sexually motivated and acknowledges that his ./Prohibition_order_Andrew_Watson__5_June_2015.pdf-actions had the potential to result in harm to Student A. However, the panel is of the ./Prohibition_order_Andrew_Watson__5_June_2015.pdf:view that whilst his behaviour amounted to “sexual misconduct”, it was at the lower end ./Prohibition_order_Andrew_Watson__5_June_2015.pdf-of the spectrum, and accordingly the panel was not satisfied that Mr Watson’s behaviour ./Prohibition_order_Andrew_Watson__5_June_2015.pdf:amounted to “serious sexual misconduct”. ./Prohibition_order_Andrew_Watson__5_June_2015.pdf- ./Prohibition_order_Andrew_Watson__5_June_2015.pdf-Therefore the panel went on to consider whether it would be appropriate to recommend a ./Prohibition_order_Andrew_Watson__5_June_2015.pdf-review period. ./Prohibition_order_Andrew_Watson__5_June_2015.pdf- ./Prohibition_order_Andrew_Watson__5_June_2015.pdf-Mr Watson accepts now that having had contact with Student A in the first place was an ./Prohibition_order_Andrew_Watson__5_June_2015.pdf-error of judgement. The panel also noted that when Mr Watson was spoken to by the ./Prohibition_order_Andrew_Watson__5_June_2015.pdf-Vice Principal of the School, he volunteered information which led to the allegations ./Prohibition_order_Andrew_Watson__5_June_2015.pdf-referred to above. He now feels that he had let the School, the teaching profession and ./Prohibition_order_Andrew_Watson__5_June_2015.pdf-himself down. ./Prohibition_order_Andrew_Watson__5_June_2015.pdf- -- ./Prohibition_order_Andrew_Watson__5_June_2015.pdf-Decision and reasons on behalf of the Secretary of State ./Prohibition_order_Andrew_Watson__5_June_2015.pdf-I have given very careful considerations to the findings and recommendations of the ./Prohibition_order_Andrew_Watson__5_June_2015.pdf-panel in this case. The panel have found all the allegations proven and consider those ./Prohibition_order_Andrew_Watson__5_June_2015.pdf-facts to amount to both unacceptable professional conduct and conduct that may bring ./Prohibition_order_Andrew_Watson__5_June_2015.pdf-the profession into disrepute. ./Prohibition_order_Andrew_Watson__5_June_2015.pdf- ./Prohibition_order_Andrew_Watson__5_June_2015.pdf-The facts of this case revolve around Mr Watson’s failure to observe proper professional ./Prohibition_order_Andrew_Watson__5_June_2015.pdf:boundaries and the panel have found his actions to be sexually motivated. ./Prohibition_order_Andrew_Watson__5_June_2015.pdf- ./Prohibition_order_Andrew_Watson__5_June_2015.pdf-The panel have found a number of public interest considerations to be relevant in this ./Prohibition_order_Andrew_Watson__5_June_2015.pdf-case, namely the protection of pupils, upholding proper standards of conduct and the ./Prohibition_order_Andrew_Watson__5_June_2015.pdf-maintenance of public confidence in the profession. The panel have seen no evidence to ./Prohibition_order_Andrew_Watson__5_June_2015.pdf-suggest that Mr Watson acted under duress and there is nothing to suggest that his ./Prohibition_order_Andrew_Watson__5_June_2015.pdf-actions were anything other than deliberate. ./Prohibition_order_Andrew_Watson__5_June_2015.pdf- ./Prohibition_order_Andrew_Watson__5_June_2015.pdf-In the circumstances I agree that prohibition is an appropriate and proportionate sanction. ./Prohibition_order_Andrew_Watson__5_June_2015.pdf- ./Prohibition_order_Andrew_Watson__5_June_2015.pdf-The panel have gone on to consider whether it would be appropriate to recommend a ./Prohibition_order_Andrew_Watson__5_June_2015.pdf-review period. The panel have taken full account of Mr Watson’s representations in which ./Prohibition_order_Andrew_Watson__5_June_2015.pdf-he accepts that his actions were an error of judgement and assures the panel that he ./Prohibition_order_Andrew_Watson__5_June_2015.pdf-would never put himself in that position again. Whilst the panel have considered that Mr ./Prohibition_order_Andrew_Watson__5_June_2015.pdf:Watson’s actions amount to sexual misconduct they have judged them to be at the lower ./Prohibition_order_Andrew_Watson__5_June_2015.pdf-end of the scale and have recommended a two year review period. ./Prohibition_order_Andrew_Watson__5_June_2015.pdf- ./Prohibition_order_Andrew_Watson__5_June_2015.pdf:However, the panel have found Mr Watson’s behaviour towards Student A to be sexually ./Prohibition_order_Andrew_Watson__5_June_2015.pdf-motivated and acknowledge that his actions had the potential to result in harm to Student ./Prohibition_order_Andrew_Watson__5_June_2015.pdf-A. It was not a one off incident and the behaviour continued over a period of some 5 ./Prohibition_order_Andrew_Watson__5_June_2015.pdf-months. In the circumstances I have decided that Mr Watson should be allowed to apply ./Prohibition_order_Andrew_Watson__5_June_2015.pdf-to have the order set aside, but not until a minimum period of 5 years has passed. ./Prohibition_order_Andrew_Watson__5_June_2015.pdf- ./Prohibition_order_Andrew_Watson__5_June_2015.pdf-This means that Mr Andrew David Watson is prohibited from teaching indefinitely ./Prohibition_order_Andrew_Watson__5_June_2015.pdf-and cannot teach in any school, sixth form college, relevant youth accommodation ./Prohibition_order_Andrew_Watson__5_June_2015.pdf-or children’s home in England. He may apply for the prohibition order to be set aside, ./Prohibition_order_Andrew_Watson__5_June_2015.pdf-but not until 5 June 2020, 5 years from the date of this order at the earliest. This is not an ./Prohibition_order_Andrew_Watson__5_June_2015.pdf-automatic right to have the prohibition order removed. If he does apply, a panel will meet ./Prohibition_order_Anupe_Hanch.pdf- machine; ./Prohibition_order_Anupe_Hanch.pdf- h. In January 2012, during a meeting, she threatened Witness I with dismissal ./Prohibition_order_Anupe_Hanch.pdf- as a consequence of her having taken sick leave; ./Prohibition_order_Anupe_Hanch.pdf- i. [omitted]; ./Prohibition_order_Anupe_Hanch.pdf- j. [omitted]; ./Prohibition_order_Anupe_Hanch.pdf- k. On 13 March 2012, she threatened Witness G with a negative reference if ./Prohibition_order_Anupe_Hanch.pdf- he handed in his notice; ./Prohibition_order_Anupe_Hanch.pdf- l. [omitted]; ./Prohibition_order_Anupe_Hanch.pdf-3. She did not give legitimate or fair criticism of colleagues’ performance or behaviour ./Prohibition_order_Anupe_Hanch.pdf- at work in that: ./Prohibition_order_Anupe_Hanch.pdf: a. In or around late Autumn 2009, she telephoned the head teacher at Essex ./Prohibition_order_Anupe_Hanch.pdf- Primary School and told them that Individual A was a "trouble causer"; ./Prohibition_order_Anupe_Hanch.pdf- b. In or around late Autumn 2009, she telephoned the Head Teacher for ./Prohibition_order_Anupe_Hanch.pdf- Cleves Primary School in Newham to report that Individual K was a “trouble ./Prohibition_order_Anupe_Hanch.pdf- causer” and that he had a lot of sickness absence; ./Prohibition_order_Anupe_Hanch.pdf- c. [omitted]; ./Prohibition_order_Anupe_Hanch.pdf- d. In or around February 2011, she told Witness B that Witness C had bullied ./Prohibition_order_Anupe_Hanch.pdf- a staff member at her previous school and had caused the staff member to ./Prohibition_order_Anupe_Hanch.pdf- have a miscarriage; ./Prohibition_order_Anupe_Hanch.pdf- e. She did not give sufficient notice to Witness D in order to prepare for her ./Prohibition_order_Anupe_Hanch.pdf- performance review meeting on 19 March 2012 and then criticised her for -- ./Prohibition_order_Anupe_Hanch.pdf-E. Decision and reasons ./Prohibition_order_Anupe_Hanch.pdf-The panel has carefully considered the case before it and has reached a decision. ./Prohibition_order_Anupe_Hanch.pdf- ./Prohibition_order_Anupe_Hanch.pdf-Mrs Anupe Hanch qualified as a teacher in 1991. Between 2000 and 2004 Mrs Hanch ./Prohibition_order_Anupe_Hanch.pdf:was an acting headteacher / deputy headteacher at Henry Green Primary School, Essex. ./Prohibition_order_Anupe_Hanch.pdf-In January 2005 Mrs Hanch joined Gearies Junior School as headteacher. It is this ./Prohibition_order_Anupe_Hanch.pdf-period to which the allegations relate. Mrs Hanch resigned from her post as headteacher ./Prohibition_order_Anupe_Hanch.pdf-by notice of 29 May 2012, as she was due to start as a headteacher of Jubilee Primary ./Prohibition_order_Anupe_Hanch.pdf-School, Hackney in January 2013. However, Mrs Hanch was suspended from her role at ./Prohibition_order_Anupe_Hanch.pdf-Gearies Junior School in the meantime and was dismissed with effect from 31 December ./Prohibition_order_Anupe_Hanch.pdf-2012. ./Prohibition_order_Anupe_Hanch.pdf- ./Prohibition_order_Anupe_Hanch.pdf-Findings of fact ./Prohibition_order_Anupe_Hanch.pdf- ./Prohibition_order_Anupe_Hanch.pdf-The panel has found the following particulars of the allegations against Mrs Anupe Hanch -- ./Prohibition_order_Anupe_Hanch.pdf-for the panel to be able to conclude that the allegation was proven. In particular, the ./Prohibition_order_Anupe_Hanch.pdf-evidence before the panel was that Witness G wished to leave the School without ./Prohibition_order_Anupe_Hanch.pdf-completing his NQT year and on this basis it was feasible that Witness G’s reference ./Prohibition_order_Anupe_Hanch.pdf-would be inherently negative in this one regard. It was unclear to the panel whether Mrs ./Prohibition_order_Anupe_Hanch.pdf-Hanch’s comments went beyond highlighting this risk to Witness G. ./Prohibition_order_Anupe_Hanch.pdf- ./Prohibition_order_Anupe_Hanch.pdf- 3. She did not give legitimate or fair criticism of colleagues’ performance or ./Prohibition_order_Anupe_Hanch.pdf- behaviour at work in that: ./Prohibition_order_Anupe_Hanch.pdf- ./Prohibition_order_Anupe_Hanch.pdf- a. In or around late Autumn 2009, she telephoned the head teacher at ./Prohibition_order_Anupe_Hanch.pdf: Essex Primary School and told them that Indiviudal A was a "trouble ./Prohibition_order_Anupe_Hanch.pdf- causer"; ./Prohibition_order_Anupe_Hanch.pdf- ./Prohibition_order_Anupe_Hanch.pdf-This allegation concerned a conversation between Mrs Hanch and the headteacher at ./Prohibition_order_Anupe_Hanch.pdf:Essex Primary School. As Mrs Hanch denied the allegation and the panel did not have ./Prohibition_order_Anupe_Hanch.pdf:any evidence from the headteacher at Essex Primary School, the panel determined that ./Prohibition_order_Anupe_Hanch.pdf-the National College had not discharged its burden of proof. ./Prohibition_order_Anupe_Hanch.pdf- ./Prohibition_order_Anupe_Hanch.pdf- 3. She did not give legitimate or fair criticism of colleagues’ performance or ./Prohibition_order_Anupe_Hanch.pdf- behaviour at work in that: ./Prohibition_order_Anupe_Hanch.pdf- ./Prohibition_order_Anupe_Hanch.pdf- b. In or around late Autumn 2009, she telephoned the Head Teacher for ./Prohibition_order_Anupe_Hanch.pdf- Cleves Primary School in Newham to report that Individual K was a ./Prohibition_order_Anupe_Hanch.pdf- “trouble causer” and that he had a lot of sickness absence; ./Prohibition_order_Anupe_Hanch.pdf- ./Prohibition_order_Anupe_Hanch.pdf-Similarly, this allegation concerned a conversation between Mrs Hanch and the -- ./Prohibition_order_Anupe_Hanch.pdf-The panel went on to consider whether or not it would be appropriate to recommend that ./Prohibition_order_Anupe_Hanch.pdf-a review period of the order should be considered. The panel were mindful that the ./Prohibition_order_Anupe_Hanch.pdf-guidance advises that a prohibition order applies for life, but there may be circumstances ./Prohibition_order_Anupe_Hanch.pdf-in any given case that may make it appropriate to allow a teacher to apply to have the ./Prohibition_order_Anupe_Hanch.pdf-prohibition order reviewed after a specified period of time that may not be less than two ./Prohibition_order_Anupe_Hanch.pdf-years. ./Prohibition_order_Anupe_Hanch.pdf- ./Prohibition_order_Anupe_Hanch.pdf-The guidance indicates that there are behaviours that, if proven, would militate against a ./Prohibition_order_Anupe_Hanch.pdf-review period being recommended. These behaviours include: ./Prohibition_order_Anupe_Hanch.pdf- ./Prohibition_order_Anupe_Hanch.pdf:  intolerance and/or hatred on the grounds of race/religion or sexual orientation; ./Prohibition_order_Anupe_Hanch.pdf- and ./Prohibition_order_Anupe_Hanch.pdf-  fraud or serious dishonesty. ./Prohibition_order_Anupe_Hanch.pdf-The panel has found that Mrs Hanch displayed intolerance on the grounds of race and/or ./Prohibition_order_Anupe_Hanch.pdf-religion. ./Prohibition_order_Anupe_Hanch.pdf- ./Prohibition_order_Anupe_Hanch.pdf-The panel has also found dishonesty, which the panel considers to amount to serious ./Prohibition_order_Anupe_Hanch.pdf-dishonesty, given the potential harm to the career of Witness C which could have flowed ./Prohibition_order_Anupe_Hanch.pdf-therefrom. ./Prohibition_order_Anupe_Hanch.pdf- ./Prohibition_order_Anupe_Hanch.pdf-Many of the matters that the panel has found proven were considered by Capita, in an ./Prohibition_order_Christopher_Morris__June_2015.pdf- ./Prohibition_order_Christopher_Morris__June_2015.pdf-It was alleged that Mr Christopher Morris was guilty of having been convicted of the ./Prohibition_order_Christopher_Morris__June_2015.pdf-following relevant criminal offences in that: ./Prohibition_order_Christopher_Morris__June_2015.pdf- ./Prohibition_order_Christopher_Morris__June_2015.pdf-On 14 April 2014 you were convicted at the Preston Crown Court for the offences of ./Prohibition_order_Christopher_Morris__June_2015.pdf-voyeurism – recording a person doing a private act contrary to the Sexual Offences Act ./Prohibition_order_Christopher_Morris__June_2015.pdf-2003 Section 67(3). You committed these offences on: ./Prohibition_order_Christopher_Morris__June_2015.pdf- ./Prohibition_order_Christopher_Morris__June_2015.pdf- i. 31 August 2006 to 1 September 2009. As a result of your conviction, you were ./Prohibition_order_Christopher_Morris__June_2015.pdf- sentenced at the Preston Crown Court on 20 May 2014 to imprisonment for 6 ./Prohibition_order_Christopher_Morris__June_2015.pdf: months, placed on the sex offender’s notice of 10 years, a sexual offences ./Prohibition_order_Christopher_Morris__June_2015.pdf- prevention order for 10 years under section 104 and section 106 Sexual Offences ./Prohibition_order_Christopher_Morris__June_2015.pdf- Act 2003. You were also prohibited from using or owning or being in possession ./Prohibition_order_Christopher_Morris__June_2015.pdf- of any device capable of storing digital images unless i) you make the device ./Prohibition_order_Christopher_Morris__June_2015.pdf- available on request for inspection by a police officer; ii) you were prohibited from ./Prohibition_order_Christopher_Morris__June_2015.pdf- using or owning or being in possession of any camera recording device unless i) ./Prohibition_order_Christopher_Morris__June_2015.pdf- you make the device available on request for inspection by a police officer. A ./Prohibition_order_Christopher_Morris__June_2015.pdf- forfeiture and destruction order was made for the images and tapes under section ./Prohibition_order_Christopher_Morris__June_2015.pdf- 143 Powers of Criminal Court (Sentencing) Act 2000. ./Prohibition_order_Christopher_Morris__June_2015.pdf- ./Prohibition_order_Christopher_Morris__June_2015.pdf- ii. 1 January 2011 to 31 December 2011. As a result of your conviction you were -- ./Prohibition_order_Christopher_Morris__June_2015.pdf-Our findings of fact are as follows: ./Prohibition_order_Christopher_Morris__June_2015.pdf- ./Prohibition_order_Christopher_Morris__June_2015.pdf-The panel has found the following particulars of the allegations against you proven, for ./Prohibition_order_Christopher_Morris__June_2015.pdf-these reasons: ./Prohibition_order_Christopher_Morris__June_2015.pdf- 1. On 14 April 2014 you were convicted at the Preston Crown Court for the ./Prohibition_order_Christopher_Morris__June_2015.pdf- offences of voyeurism – recording a person doing a private act contrary to ./Prohibition_order_Christopher_Morris__June_2015.pdf- the Sexual Offences Act 2003 Section 67(3). You committed these offences ./Prohibition_order_Christopher_Morris__June_2015.pdf- on: ./Prohibition_order_Christopher_Morris__June_2015.pdf- i. 31 August 2006 to 1 September 2009. As a result of your conviction, you ./Prohibition_order_Christopher_Morris__June_2015.pdf- were sentenced at the Preston Crown Court on 20 May 2014 to imprisonment ./Prohibition_order_Christopher_Morris__June_2015.pdf: for 6 months, placed on the sex offender’s notice of 10 years, a sexual ./Prohibition_order_Christopher_Morris__June_2015.pdf- offences prevention order for 10 years under section 104 and section 106 ./Prohibition_order_Christopher_Morris__June_2015.pdf- Sexual Offences Act 2003. You were also prohibited from using or owning ./Prohibition_order_Christopher_Morris__June_2015.pdf- or being in possession of any device capable of storing digital images ./Prohibition_order_Christopher_Morris__June_2015.pdf- unless i) you make the device available on request for inspection by a police ./Prohibition_order_Christopher_Morris__June_2015.pdf- officer; ii) you were prohibited from using or owning or being in possession ./Prohibition_order_Christopher_Morris__June_2015.pdf- of any camera recording device unless i) you make the device available on ./Prohibition_order_Christopher_Morris__June_2015.pdf- request for inspection by a police officer. A forfeiture and destruction order ./Prohibition_order_Christopher_Morris__June_2015.pdf- was made for the images and tapes under section 143 Powers of Criminal ./Prohibition_order_Christopher_Morris__June_2015.pdf- Court (Sentencing) Act 2000. ./Prohibition_order_Christopher_Morris__June_2015.pdf- -- ./Prohibition_order_Christopher_Morris__June_2015.pdf-The panel has seen the Police National Computer (“PNC record”) and the Memorandum ./Prohibition_order_Christopher_Morris__June_2015.pdf-of Entry entered in the register of the Preston Magistrates Court (“Memorandum”) ./Prohibition_order_Christopher_Morris__June_2015.pdf-contained within the bundle of documents. These both confirm that Mr Morris was ./Prohibition_order_Christopher_Morris__June_2015.pdf-convicted of the offence of voyeurism – recording another person doing a private act on ./Prohibition_order_Christopher_Morris__June_2015.pdf-or between 31 August 2006 and 1 September 2009, at Preston, with the intention that he ./Prohibition_order_Christopher_Morris__June_2015.pdf:would, for the purpose of obtaining sexual gratification, look at an image of that other ./Prohibition_order_Christopher_Morris__June_2015.pdf-person doing the act, knowing that the other person did not consent to his recording the ./Prohibition_order_Christopher_Morris__June_2015.pdf-act with that intention. The Memorandum also confirms that Mr Morris pleaded guilty to ./Prohibition_order_Christopher_Morris__June_2015.pdf-this offence on 14 April 2014. In addition, the PNC record indicates that Mr Morris was ./Prohibition_order_Christopher_Morris__June_2015.pdf:sentenced to a sex offenders’ notice for 10 years. ./Prohibition_order_Christopher_Morris__June_2015.pdf- ./Prohibition_order_Christopher_Morris__June_2015.pdf-The Certificate of Conviction (“Certificate”), included within the bundle, also indicates that ./Prohibition_order_Christopher_Morris__June_2015.pdf-in relation to this offence, Mr Morris was sentenced to 6 months’ imprisonment, was ./Prohibition_order_Christopher_Morris__June_2015.pdf-subject to a Sexual Offences Prevention Order for a period of 10 years under section ./Prohibition_order_Christopher_Morris__June_2015.pdf-104 and 106 of the Sexual Offences Act 2003. Mr Morris was also 1. prohibited from ./Prohibition_order_Christopher_Morris__June_2015.pdf-using or owning or being in possession of any device capable of storing digital images ./Prohibition_order_Christopher_Morris__June_2015.pdf-unless i. he makes the device available on request for inspection by a police officer. 2. ./Prohibition_order_Christopher_Morris__June_2015.pdf-prohibited from using or owning or being in possession of any camera recording device ./Prohibition_order_Christopher_Morris__June_2015.pdf-unless i. he makes the device available on request for inspection by a police officer. An ./Prohibition_order_Christopher_Morris__June_2015.pdf-order was made under section 143 Powers of Criminal Courts (Sentencing) Act 2000 for -- ./Prohibition_order_Christopher_Morris__June_2015.pdf-The panel noted that Mr Morris has admitted having been convicted of this offence. This ./Prohibition_order_Christopher_Morris__June_2015.pdf-allegation is therefore found proven. ./Prohibition_order_Christopher_Morris__June_2015.pdf- ./Prohibition_order_Christopher_Morris__June_2015.pdf- ii. 1 January 2011 to 31 December 2011. As a result of your conviction you ./Prohibition_order_Christopher_Morris__June_2015.pdf- were sentenced at the Preston Crown Court on 20 May 2014 to imprisonment ./Prohibition_order_Christopher_Morris__June_2015.pdf- for 6 months consecutive. ./Prohibition_order_Christopher_Morris__June_2015.pdf- ./Prohibition_order_Christopher_Morris__June_2015.pdf-The PNC record and the Memorandum contained within the bundle of documents confirm ./Prohibition_order_Christopher_Morris__June_2015.pdf-that Mr Morris was convicted of the offence of voyeurism – recording another person ./Prohibition_order_Christopher_Morris__June_2015.pdf-doing a private act on or between 1 January 2011 and 31 December 2011, at ./Prohibition_order_Christopher_Morris__June_2015.pdf:Cambridgeshire, with the intention that he would, for the purpose of obtaining sexual ./Prohibition_order_Christopher_Morris__June_2015.pdf-gratification, look at an image of that other person doing the act, knowing that the other ./Prohibition_order_Christopher_Morris__June_2015.pdf-person did not consent to his recording the act with that intention. The Memorandum ./Prohibition_order_Christopher_Morris__June_2015.pdf-also confirms that Mr Morris pleaded guilty to this offence on 14 April 2014. ./Prohibition_order_Christopher_Morris__June_2015.pdf- ./Prohibition_order_Christopher_Morris__June_2015.pdf-The PNC record and Certificate indicate that Mr Morris was sentenced to a 6 month ./Prohibition_order_Christopher_Morris__June_2015.pdf-consecutive term of imprisonment for this offence. The panel noted that Mr Morris has ./Prohibition_order_Christopher_Morris__June_2015.pdf-admitted having been convicted of this offence. This allegation is therefore found proven. ./Prohibition_order_Christopher_Morris__June_2015.pdf- ./Prohibition_order_Christopher_Morris__June_2015.pdf- ./Prohibition_order_Christopher_Morris__June_2015.pdf- -- ./Prohibition_order_Christopher_Morris__June_2015.pdf-iii. The 31 May 2004 to 1 September 2009. As a result of your conviction you ./Prohibition_order_Christopher_Morris__June_2015.pdf- were sentenced at the Preston Crown Court on 20 May 2014 to imprisonment ./Prohibition_order_Christopher_Morris__June_2015.pdf- for 6 months concurrent. ./Prohibition_order_Christopher_Morris__June_2015.pdf- ./Prohibition_order_Christopher_Morris__June_2015.pdf-The PNC record and the Memorandum confirm that Mr Morris was convicted of the ./Prohibition_order_Christopher_Morris__June_2015.pdf-offence of voyeurism – recording another person doing a private act on or between 31 ./Prohibition_order_Christopher_Morris__June_2015.pdf-May 2004 and 1 September 2009, at Preston, with the intention that he would, for the ./Prohibition_order_Christopher_Morris__June_2015.pdf:purpose of obtaining sexual gratification, look at an image of that other person doing the ./Prohibition_order_Christopher_Morris__June_2015.pdf-act, knowing that the other person did not consent to his recording the act with that ./Prohibition_order_Christopher_Morris__June_2015.pdf-intention. The Memorandum also confirms that Mr Morris pleaded guilty to this offence ./Prohibition_order_Christopher_Morris__June_2015.pdf-on 14 April 2014. ./Prohibition_order_Christopher_Morris__June_2015.pdf- ./Prohibition_order_Christopher_Morris__June_2015.pdf-The PNC record and Certificate indicate that Mr Morris was sentenced to a 6 month ./Prohibition_order_Christopher_Morris__June_2015.pdf-concurrent term of imprisonment for this offence. The panel noted that Mr Morris has ./Prohibition_order_Christopher_Morris__June_2015.pdf-admitted having been convicted of this offence. This allegation is therefore found proven. ./Prohibition_order_Christopher_Morris__June_2015.pdf- ./Prohibition_order_Christopher_Morris__June_2015.pdf-iv. The 31 May 2004 to 1 September 2009. As a result of your conviction you ./Prohibition_order_Christopher_Morris__June_2015.pdf- were sentenced at the Preston Crown Court on 20 May 2014 to imprisonment ./Prohibition_order_Christopher_Morris__June_2015.pdf- for 6 months concurrent. ./Prohibition_order_Christopher_Morris__June_2015.pdf- ./Prohibition_order_Christopher_Morris__June_2015.pdf-The PNC record and the Memorandum confirm that Mr Morris was convicted of the ./Prohibition_order_Christopher_Morris__June_2015.pdf-offence of voyeurism – recording another person doing a private act on or between 31 ./Prohibition_order_Christopher_Morris__June_2015.pdf-May 2004 and 1 September 2009, at Preston, with the intention that he would, for the ./Prohibition_order_Christopher_Morris__June_2015.pdf:purpose of obtaining sexual gratification, look at an image of that other person doing the ./Prohibition_order_Christopher_Morris__June_2015.pdf-act, knowing that the other person did not consent to his recording the act with that ./Prohibition_order_Christopher_Morris__June_2015.pdf-intention. The Memorandum also confirms that Mr Morris pleaded guilty to this offence ./Prohibition_order_Christopher_Morris__June_2015.pdf-on 14 April 2014. ./Prohibition_order_Christopher_Morris__June_2015.pdf- ./Prohibition_order_Christopher_Morris__June_2015.pdf-The PNC record and Certificate indicate that Mr Morris was sentenced to a 6 month ./Prohibition_order_Christopher_Morris__June_2015.pdf-concurrent term of imprisonment for this offence. The panel noted that Mr Morris has ./Prohibition_order_Christopher_Morris__June_2015.pdf-admitted having been convicted of this offence. This allegation is therefore found proven. ./Prohibition_order_Christopher_Morris__June_2015.pdf- ./Prohibition_order_Christopher_Morris__June_2015.pdf- v. The 31 May 2004 to 1 September 2009. As a result of your conviction you ./Prohibition_order_Christopher_Morris__June_2015.pdf- were sentenced at the Preston Crown Court on 20 May 2014 to imprisonment ./Prohibition_order_Christopher_Morris__June_2015.pdf- for 6 months concurrent. ./Prohibition_order_Christopher_Morris__June_2015.pdf- ./Prohibition_order_Christopher_Morris__June_2015.pdf-The PNC record and the Memorandum confirm that Mr Morris was convicted of the ./Prohibition_order_Christopher_Morris__June_2015.pdf-offence of voyeurism – recording another person doing a private act on or between 31 ./Prohibition_order_Christopher_Morris__June_2015.pdf-May 2004 and 1 September 2009, at Preston, with the intention that he would, for the ./Prohibition_order_Christopher_Morris__June_2015.pdf:purpose of obtaining sexual gratification, look at an image of that other person doing the ./Prohibition_order_Christopher_Morris__June_2015.pdf-act, knowing that the other person did not consent to his recording the act with that ./Prohibition_order_Christopher_Morris__June_2015.pdf-intention. The Memorandum also confirms that Mr Morris pleaded guilty to this offence ./Prohibition_order_Christopher_Morris__June_2015.pdf-on 14 April 2014. ./Prohibition_order_Christopher_Morris__June_2015.pdf- ./Prohibition_order_Christopher_Morris__June_2015.pdf- ./Prohibition_order_Christopher_Morris__June_2015.pdf- ./Prohibition_order_Christopher_Morris__June_2015.pdf- ./Prohibition_order_Christopher_Morris__June_2015.pdf- 8 ./Prohibition_order_Christopher_Morris__June_2015.pdf- -- ./Prohibition_order_Christopher_Morris__June_2015.pdf-concurrent term of imprisonment for this offence. The panel noted that Mr Morris has ./Prohibition_order_Christopher_Morris__June_2015.pdf-admitted having been convicted of this offence. This allegation is therefore found proven. ./Prohibition_order_Christopher_Morris__June_2015.pdf- ./Prohibition_order_Christopher_Morris__June_2015.pdf-vi. The 31 May 2004 to 1 September 2009. As a result of your conviction you ./Prohibition_order_Christopher_Morris__June_2015.pdf- were sentenced at the Preston Crown Court on 20 May 2014 to imprisonment ./Prohibition_order_Christopher_Morris__June_2015.pdf- for 6 months consecutive. ./Prohibition_order_Christopher_Morris__June_2015.pdf- ./Prohibition_order_Christopher_Morris__June_2015.pdf-The PNC record and the Memorandum confirm that Mr Morris was convicted of the ./Prohibition_order_Christopher_Morris__June_2015.pdf-offence of voyeurism – recording another person doing a private act on or between 31 ./Prohibition_order_Christopher_Morris__June_2015.pdf-May 2004 and 1 September 2009, at Preston, with the intention that he would, for the ./Prohibition_order_Christopher_Morris__June_2015.pdf:purpose of obtaining sexual gratification, look at an image of that other person doing the ./Prohibition_order_Christopher_Morris__June_2015.pdf-act, knowing that the other person did not consent to his recording the act with that ./Prohibition_order_Christopher_Morris__June_2015.pdf-intention. The Memorandum also confirms that Mr Morris pleaded guilty to this offence ./Prohibition_order_Christopher_Morris__June_2015.pdf-on 14 April 2014. ./Prohibition_order_Christopher_Morris__June_2015.pdf- ./Prohibition_order_Christopher_Morris__June_2015.pdf-The PNC record and Certificate indicate that Mr Morris was sentenced to a 6 month ./Prohibition_order_Christopher_Morris__June_2015.pdf-consecutive term of imprisonment for this offence. The panel noted that Mr Morris has ./Prohibition_order_Christopher_Morris__June_2015.pdf-admitted having been convicted of this offence. This allegation is therefore found proven. ./Prohibition_order_Christopher_Morris__June_2015.pdf- ./Prohibition_order_Christopher_Morris__June_2015.pdf-vii. The 1 November 2006 to 30 November 2006. As a result of your conviction ./Prohibition_order_Christopher_Morris__June_2015.pdf- you were sentenced at the Preston Crown Court on 20 May 2014 to ./Prohibition_order_Christopher_Morris__June_2015.pdf- imprisonment for 6 months concurrent. ./Prohibition_order_Christopher_Morris__June_2015.pdf- ./Prohibition_order_Christopher_Morris__June_2015.pdf-The PNC record and the Memorandum confirm that Mr Morris was convicted of the ./Prohibition_order_Christopher_Morris__June_2015.pdf-offence of voyeurism – recording another person doing a private act on or between 1 ./Prohibition_order_Christopher_Morris__June_2015.pdf-November 2006 and 30 November 2006, at Preston, with the intention that he would, for ./Prohibition_order_Christopher_Morris__June_2015.pdf:the purpose of obtaining sexual gratification, look at an image of that other person doing ./Prohibition_order_Christopher_Morris__June_2015.pdf-the act, knowing that the other person did not consent to his recording the act with that ./Prohibition_order_Christopher_Morris__June_2015.pdf-intention. The Memorandum also confirms that Mr Morris pleaded guilty to this offence ./Prohibition_order_Christopher_Morris__June_2015.pdf-on 14 April 2014. ./Prohibition_order_Christopher_Morris__June_2015.pdf- ./Prohibition_order_Christopher_Morris__June_2015.pdf-The PNC record and Certificate indicate that Mr Morris was sentenced to a 6 month ./Prohibition_order_Christopher_Morris__June_2015.pdf-concurrent term of imprisonment for this offence. The panel noted that Mr Morris has ./Prohibition_order_Christopher_Morris__June_2015.pdf-admitted having been convicted of this offence. This allegation is therefore found proven. ./Prohibition_order_Christopher_Morris__June_2015.pdf- ./Prohibition_order_Christopher_Morris__June_2015.pdf-Findings as to conviction of a relevant offence ./Prohibition_order_Christopher_Morris__June_2015.pdf-In considering the allegations that the panel has found proven, the panel has had regard -- ./Prohibition_order_Christopher_Morris__June_2015.pdf- different faiths and beliefs. ./Prohibition_order_Christopher_Morris__June_2015.pdf-The panel was satisfied that the conduct of Mr Morris in relation to the facts found ./Prohibition_order_Christopher_Morris__June_2015.pdf-proven, namely his convictions for voyeurism involved breaches of the Teachers’ ./Prohibition_order_Christopher_Morris__June_2015.pdf-Standards. Recording those involved in private acts showed a lack of tolerance and ./Prohibition_order_Christopher_Morris__June_2015.pdf-respect for the rights of others and disregard for the rule of law. It was an infringement of ./Prohibition_order_Christopher_Morris__June_2015.pdf-the individual liberty of the victims. ./Prohibition_order_Christopher_Morris__June_2015.pdf- ./Prohibition_order_Christopher_Morris__June_2015.pdf-The panel noted that the behaviour involved in committing the offences could have had ./Prohibition_order_Christopher_Morris__June_2015.pdf-an impact on the well-being of members of the public, as Mr Morris was convicted of ./Prohibition_order_Christopher_Morris__June_2015.pdf-seven counts of voyeurism over a lengthy period of time between 31 May 2004 and 31 ./Prohibition_order_Christopher_Morris__June_2015.pdf:December 2011. Mr Morris accepts that the purpose of his actions was to obtain sexual ./Prohibition_order_Christopher_Morris__June_2015.pdf-gratification. Even though, in his letter to the National College, included in the bundle, Mr ./Prohibition_order_Christopher_Morris__June_2015.pdf-Morris considers he committed such offences almost 10 years ago, before he became a ./Prohibition_order_Christopher_Morris__June_2015.pdf-teacher, the period of these offences relate to as recently as December 2011 (just over 3 ./Prohibition_order_Christopher_Morris__June_2015.pdf-years ago). Mr Morris taught at the Thomas Clarkson Academy during the period 1 ./Prohibition_order_Christopher_Morris__June_2015.pdf-September 2009 to August 2014; therefore the offence referred to in allegation 1ii was ./Prohibition_order_Christopher_Morris__June_2015.pdf-committed during a period of time when he was teaching (as the date range for this ./Prohibition_order_Christopher_Morris__June_2015.pdf-allegation is 1 January 2011 to 31 December 2011). ./Prohibition_order_Christopher_Morris__June_2015.pdf- ./Prohibition_order_Christopher_Morris__June_2015.pdf-The panel has also taken account of how the teaching profession is viewed by others. ./Prohibition_order_Christopher_Morris__June_2015.pdf-The panel considered that Mr Morris’ behaviour in committing the offence could affect the -- ./Prohibition_order_Christopher_Morris__June_2015.pdf-that students placed in him would ever be abused. ./Prohibition_order_Christopher_Morris__June_2015.pdf- ./Prohibition_order_Christopher_Morris__June_2015.pdf-Although the panel finds the evidence of Mr Morris’ teaching proficiency to be of note, the ./Prohibition_order_Christopher_Morris__June_2015.pdf-panel has found the seriousness of the offending behaviour that led to the conviction is ./Prohibition_order_Christopher_Morris__June_2015.pdf-relevant to Mr Morris’ ongoing suitability to teach. ./Prohibition_order_Christopher_Morris__June_2015.pdf- ./Prohibition_order_Christopher_Morris__June_2015.pdf-The panel noted that Mr Morris states, in his written representations, that his offences of ./Prohibition_order_Christopher_Morris__June_2015.pdf-voyeurism did not relate to children or vulnerable adults. However, the panel considers ./Prohibition_order_Christopher_Morris__June_2015.pdf-this argument to be irrelevant. Given the serious nature of Mr Morris’ convictions for ./Prohibition_order_Christopher_Morris__June_2015.pdf-seven counts of voyeurism, which resulted in a custodial sentence of 18 months, the ./Prohibition_order_Christopher_Morris__June_2015.pdf:admission that he was seeking sexual gratification and his disregard for the rights of ./Prohibition_order_Christopher_Morris__June_2015.pdf-others, leads the panel to conclude that he has been convicted of one or more relevant ./Prohibition_order_Christopher_Morris__June_2015.pdf-offences. ./Prohibition_order_Christopher_Morris__June_2015.pdf- ./Prohibition_order_Christopher_Morris__June_2015.pdf-Furthermore, the panel considers that a finding that these convictions are relevant ./Prohibition_order_Christopher_Morris__June_2015.pdf-offences is necessary to reaffirm clear standards of conduct so as to maintain public ./Prohibition_order_Christopher_Morris__June_2015.pdf-confidence in the teaching profession. ./Prohibition_order_Christopher_Morris__June_2015.pdf- ./Prohibition_order_Christopher_Morris__June_2015.pdf- ./Prohibition_order_Christopher_Morris__June_2015.pdf-Panel’s recommendation to the Secretary of State ./Prohibition_order_Christopher_Morris__June_2015.pdf-Given the panel’s findings in respect of conviction of relevant offences, it is necessary for -- ./Prohibition_order_Christopher_Morris__June_2015.pdf-  actions or behaviours that undermine fundamental British values, democracy, the ./Prohibition_order_Christopher_Morris__June_2015.pdf- rule of law, individual liberty and mutual respect and tolerance of those with ./Prohibition_order_Christopher_Morris__June_2015.pdf- different faiths and beliefs; or that promote political or religious extremism. This ./Prohibition_order_Christopher_Morris__June_2015.pdf- would encompass deliberately allowing the exposure of pupils to such actions or ./Prohibition_order_Christopher_Morris__June_2015.pdf- behaviours, including through contact with any individual(s) who are widely known ./Prohibition_order_Christopher_Morris__June_2015.pdf- to express views that support such activity, for example by inviting any such ./Prohibition_order_Christopher_Morris__June_2015.pdf- individuals to speak in schools ./Prohibition_order_Christopher_Morris__June_2015.pdf-  a deep-seated attitude that leads to harmful behaviour ./Prohibition_order_Christopher_Morris__June_2015.pdf-  abuse of position of trust (particularly involving vulnerable pupils) or the violation of ./Prohibition_order_Christopher_Morris__June_2015.pdf- the rights of pupils ./Prohibition_order_Christopher_Morris__June_2015.pdf:  sexual misconduct, eg involving actions that were sexually motivated or of a ./Prohibition_order_Christopher_Morris__June_2015.pdf: sexual nature and/or that use or exploit the trust, knowledge or influence derived ./Prohibition_order_Christopher_Morris__June_2015.pdf- from the individual’s professional position ./Prohibition_order_Christopher_Morris__June_2015.pdf-  the commission of a serious criminal offence, including those that resulted in a ./Prohibition_order_Christopher_Morris__June_2015.pdf- conviction or caution, paying particular attention to offences that are ‘relevant ./Prohibition_order_Christopher_Morris__June_2015.pdf- matters’ for the purposes of The Police Act 1997 and criminal record disclosures ./Prohibition_order_Christopher_Morris__June_2015.pdf-If a person has more than one conviction, then any convictions (including spent ./Prohibition_order_Christopher_Morris__June_2015.pdf-convictions) are included under the definition of “relevant matters” for the purposes of the ./Prohibition_order_Christopher_Morris__June_2015.pdf-Police Act 1997. ./Prohibition_order_Christopher_Morris__June_2015.pdf- ./Prohibition_order_Christopher_Morris__June_2015.pdf- ./Prohibition_order_Christopher_Morris__June_2015.pdf- -- ./Prohibition_order_Christopher_Morris__June_2015.pdf-immediate effect. ./Prohibition_order_Christopher_Morris__June_2015.pdf- ./Prohibition_order_Christopher_Morris__June_2015.pdf-The panel went on to consider whether or not it would be appropriate for them to decide ./Prohibition_order_Christopher_Morris__June_2015.pdf-to recommend that a review period of the order should be considered. The panel were ./Prohibition_order_Christopher_Morris__June_2015.pdf-mindful that the guidance advises that a prohibition order applies for life, but there may ./Prohibition_order_Christopher_Morris__June_2015.pdf-be circumstances in any given case that may make it appropriate to allow a teacher to ./Prohibition_order_Christopher_Morris__June_2015.pdf-apply to have the prohibition order reviewed after a specified period of time that may not ./Prohibition_order_Christopher_Morris__June_2015.pdf-be less than two years. ./Prohibition_order_Christopher_Morris__June_2015.pdf- ./Prohibition_order_Christopher_Morris__June_2015.pdf-The guidance indicates that there are behaviours that, if proven, would militate against a ./Prohibition_order_Christopher_Morris__June_2015.pdf:review period being recommended. One of these behaviours includes serious sexual ./Prohibition_order_Christopher_Morris__June_2015.pdf:misconduct, for example where the act was sexually motivated and resulted in or had the ./Prohibition_order_Christopher_Morris__June_2015.pdf-potential to result in, harm to a person or persons. The Certificate included in the bundle ./Prohibition_order_Christopher_Morris__June_2015.pdf-indicates that Mr Morris’ commission of the offences of voyeurism were for the purpose of ./Prohibition_order_Christopher_Morris__June_2015.pdf:sexual gratification. The panel considers that Mr Morris’ behaviour was sexually ./Prohibition_order_Christopher_Morris__June_2015.pdf-motivated and had the potential to result in harm to the person or persons recorded. ./Prohibition_order_Christopher_Morris__June_2015.pdf:Therefore, the panel found that there was evidence of serious sexual misconduct. ./Prohibition_order_Christopher_Morris__June_2015.pdf- ./Prohibition_order_Christopher_Morris__June_2015.pdf-The panel noted Mr Morris’ remorse and his reference to his “proven track record” of ./Prohibition_order_Christopher_Morris__June_2015.pdf-upholding proper standards of conduct within the profession. The panel also took into ./Prohibition_order_Christopher_Morris__June_2015.pdf-account the support of his previous Principal and noted that Mr Morris considered that ./Prohibition_order_Christopher_Morris__June_2015.pdf-not being able to teach would be a “tremendous” loss to him and his family. In weighing ./Prohibition_order_Christopher_Morris__June_2015.pdf-up the public interest, the panel considered that Mr Morris had shown insufficient insight ./Prohibition_order_Christopher_Morris__June_2015.pdf-into his actions and that there was evidence of a deep seated attitude that could lead to ./Prohibition_order_Christopher_Morris__June_2015.pdf-harmful behaviour, given that Mr Morris’ seven convictions covered a seven year period. ./Prohibition_order_Christopher_Morris__June_2015.pdf-The panel decided that it would be proportionate in all the circumstances for the ./Prohibition_order_Christopher_Morris__June_2015.pdf-prohibition order to be recommended without provisions for a review period. ./prohibition_order_dr_earl_beckles.pdf- ./prohibition_order_dr_earl_beckles.pdf-Summary of evidence ./prohibition_order_dr_earl_beckles.pdf- ./prohibition_order_dr_earl_beckles.pdf-The Presenting Officer called two witnesses to give evidence as follows:- ./prohibition_order_dr_earl_beckles.pdf- ./prohibition_order_dr_earl_beckles.pdf-Witness A who adopted his witness statement at Pages 14 to 17 in the case ./prohibition_order_dr_earl_beckles.pdf-bundle and gave evidence about:- ./prohibition_order_dr_earl_beckles.pdf- ./prohibition_order_dr_earl_beckles.pdf-- His position as Director of Educare Adolescent Services Limited. ./prohibition_order_dr_earl_beckles.pdf- ./prohibition_order_dr_earl_beckles.pdf:- His involvement in the investigation of Dr Beckles in relation to sexual ./prohibition_order_dr_earl_beckles.pdf- harassment of Trinity College employees and inappropriate use of a Company ./prohibition_order_dr_earl_beckles.pdf- mobile phone issued to him. ./prohibition_order_dr_earl_beckles.pdf- -- ./prohibition_order_dr_earl_beckles.pdf- 3 ./prohibition_order_dr_earl_beckles.pdf- ./prohibition_order_dr_earl_beckles.pdf- ./prohibition_order_dr_earl_beckles.pdf-- Interviews held with four members of staff who made complaints about being ./prohibition_order_dr_earl_beckles.pdf: sexually harassed by Dr Beckles and his impression of their reliability. ./prohibition_order_dr_earl_beckles.pdf- ./prohibition_order_dr_earl_beckles.pdf-- Examination of Dr Beckles Mobile phone and the images found on it and ./prohibition_order_dr_earl_beckles.pdf- details of the mobile phone invoice. ./prohibition_order_dr_earl_beckles.pdf- ./prohibition_order_dr_earl_beckles.pdf-- Interviews with Dr Beckles and the explanation and accounts given by the ./prohibition_order_dr_earl_beckles.pdf- Teacher who broadly denied the allegations while accepting that he was ./prohibition_order_dr_earl_beckles.pdf- responsible for the company issued mobile phone. ./prohibition_order_dr_earl_beckles.pdf- ./prohibition_order_dr_earl_beckles.pdf-- The disciplinary process adopted at Trinity College during the investigation ./prohibition_order_dr_earl_beckles.pdf- and subsequent to it. -- ./prohibition_order_dr_earl_beckles.pdf-“We have now carefully considered the case before us and have reached a decision. ./prohibition_order_dr_earl_beckles.pdf- ./prohibition_order_dr_earl_beckles.pdf-We confirm that we have read all the documents provided in the bundle in advance ./prohibition_order_dr_earl_beckles.pdf-of the hearing. ./prohibition_order_dr_earl_beckles.pdf- ./prohibition_order_dr_earl_beckles.pdf-The case concerns Dr Beckles’ conduct while the Head Teacher of Trinity College ./prohibition_order_dr_earl_beckles.pdf-Loughborough which is a Special Independent School for boys and girls aged from ./prohibition_order_dr_earl_beckles.pdf-11 to 16 years of age with emotional and behavioural difficulties. ./prohibition_order_dr_earl_beckles.pdf- ./prohibition_order_dr_earl_beckles.pdf-Dr Beckles was appointed Head Teacher of the School on 21 February 2010. On 26 ./prohibition_order_dr_earl_beckles.pdf:May 2010 he was suspended as a consequence of allegations of sexual harassment ./prohibition_order_dr_earl_beckles.pdf-by a number of members of staff at Trinity College. He resigned from his position as ./prohibition_order_dr_earl_beckles.pdf-Head Teacher on 26 June 2010. ./prohibition_order_dr_earl_beckles.pdf- -- ./prohibition_order_dr_earl_beckles.pdf- 4 ./prohibition_order_dr_earl_beckles.pdf- ./prohibition_order_dr_earl_beckles.pdf- ./prohibition_order_dr_earl_beckles.pdf:Allegations of sexual harassment were made by four female members of academic ./prohibition_order_dr_earl_beckles.pdf-and support staff at the School. Each member of staff made a written statement ./prohibition_order_dr_earl_beckles.pdf-concerning Dr Beckles alleged behaviour towards them in the course of an ./prohibition_order_dr_earl_beckles.pdf-investigation carried out by Witness A, Director of Educare Adolescent Services in ./prohibition_order_dr_earl_beckles.pdf-June 2010. ./prohibition_order_dr_earl_beckles.pdf- ./prohibition_order_dr_earl_beckles.pdf-The allegations included making inappropriate comments to the staff often of a ./prohibition_order_dr_earl_beckles.pdf:sexual nature, attempting to kiss members of staff, cuddling staff members and ./prohibition_order_dr_earl_beckles.pdf-similar conduct. Some of the witnesses described feeling uncomfortable in the ./prohibition_order_dr_earl_beckles.pdf-presence of Dr Beckles and on several occasions verbally objecting to his conduct. ./prohibition_order_dr_earl_beckles.pdf- ./prohibition_order_dr_earl_beckles.pdf-These allegations were put to Dr Beckles in the course of an interview with Witness A ./prohibition_order_dr_earl_beckles.pdf-on 8 June. The interview meeting was formally recorded and during it Dr Beckles ./prohibition_order_dr_earl_beckles.pdf-broadly denied behaving in the way alleged. ./prohibition_order_dr_earl_beckles.pdf- ./prohibition_order_dr_earl_beckles.pdf-During the course of the investigation telephone bills relating to the Company mobile ./prohibition_order_dr_earl_beckles.pdf-phone issued to Dr Beckles were seen by the Investigating Officer and are exhibited ./prohibition_order_dr_earl_beckles.pdf-in the case papers. The total bill incurred in relation to use of the Company mobile -- ./prohibition_order_dr_earl_beckles.pdf-their distress was genuine. He told us that none of the staff members wanted to ./prohibition_order_dr_earl_beckles.pdf-be involved in the process and wanted the issue to go away. ./prohibition_order_dr_earl_beckles.pdf- ./prohibition_order_dr_earl_beckles.pdf-We felt able to accept his evidence and to rely on his assessment of the evidence. ./prohibition_order_dr_earl_beckles.pdf-Similarly we heard Witness B give evidence of her experience of Dr Beckles. Again ./prohibition_order_dr_earl_beckles.pdf-we were satisfied that she also told the truth and could be believed. ./prohibition_order_dr_earl_beckles.pdf- ./prohibition_order_dr_earl_beckles.pdf-Against that background we have considered the notes of the interviews prepared ./prohibition_order_dr_earl_beckles.pdf-with each complainant – all of which are signed. We have been through each ./prohibition_order_dr_earl_beckles.pdf-individual account carefully. Each member of staff recounts more than one incident ./prohibition_order_dr_earl_beckles.pdf:of unwelcome sexual behaviour by Dr Beckles and their reaction to this – in some ./prohibition_order_dr_earl_beckles.pdf-cases several incidents are described. On the balance of probabilities we conclude ./prohibition_order_dr_earl_beckles.pdf-that these incidents did occur as described by each staff member concerned. By ./prohibition_order_dr_earl_beckles.pdf-contrast we found the explanations and denials made by Dr Beckles to be ./prohibition_order_dr_earl_beckles.pdf-unconvincing thus confirming Witness A’s impression. ./prohibition_order_dr_earl_beckles.pdf- ./prohibition_order_dr_earl_beckles.pdf-We therefore find the particulars set out at 1 a-d proved. ./prohibition_order_dr_earl_beckles.pdf- ./prohibition_order_dr_earl_beckles.pdf-2. Made inappropriate and excessive use of the Company mobile phone; ./prohibition_order_dr_earl_beckles.pdf- ./prohibition_order_dr_earl_beckles.pdf-We have relied on the mobile phone invoice exhibited in the case papers at pages ./prohibition_order_dr_jason_terry_sanderson.pdf- ./prohibition_order_dr_jason_terry_sanderson.pdf-Teacher ref no: 0113777 ./prohibition_order_dr_jason_terry_sanderson.pdf- ./prohibition_order_dr_jason_terry_sanderson.pdf-Teacher date of birth: 24 June 1973 ./prohibition_order_dr_jason_terry_sanderson.pdf- ./prohibition_order_dr_jason_terry_sanderson.pdf-TA Case ref no: 4974 ./prohibition_order_dr_jason_terry_sanderson.pdf- ./prohibition_order_dr_jason_terry_sanderson.pdf-Date of Determination: 4 October 2012 ./prohibition_order_dr_jason_terry_sanderson.pdf- ./prohibition_order_dr_jason_terry_sanderson.pdf-Former Employer: Holy Trinity Church of England School, Crawley ./prohibition_order_dr_jason_terry_sanderson.pdf: West Sussex ./prohibition_order_dr_jason_terry_sanderson.pdf- ./prohibition_order_dr_jason_terry_sanderson.pdf-A. Introduction ./prohibition_order_dr_jason_terry_sanderson.pdf- ./prohibition_order_dr_jason_terry_sanderson.pdf-A Professional Conduct Panel (“the Panel”) of The Teaching Agency convened on 3 ./prohibition_order_dr_jason_terry_sanderson.pdf-October 2012 at 53-55 Butts Road, Earlsdon Park, Coventry, CV1 3HH to consider ./prohibition_order_dr_jason_terry_sanderson.pdf-the case of Dr Jason Terry Sanderson. ./prohibition_order_dr_jason_terry_sanderson.pdf- ./prohibition_order_dr_jason_terry_sanderson.pdf-The Panel members were Mrs Susan Netherton (Lay Panellist– in the Chair), Mr ./prohibition_order_dr_jason_terry_sanderson.pdf-Peter Monfort (Teacher Panellist) and Mr Mark Tweedle (Teacher Panellist). ./prohibition_order_dr_jason_terry_sanderson.pdf- -- ./prohibition_order_dr_jason_terry_sanderson.pdf- both the deputy head teacher, Individual A, and the head teacher, ./prohibition_order_dr_jason_terry_sanderson.pdf- Individual B, not to do so; ./prohibition_order_dr_jason_terry_sanderson.pdf- ./prohibition_order_dr_jason_terry_sanderson.pdf-2. formed relationships of an inappropriate nature with past and present pupils; ./prohibition_order_dr_jason_terry_sanderson.pdf- ./prohibition_order_dr_jason_terry_sanderson.pdf-3. attempted to form an inappropriate relationship with a 16 year old former pupil ./prohibition_order_dr_jason_terry_sanderson.pdf- in that you; ./prohibition_order_dr_jason_terry_sanderson.pdf- ./prohibition_order_dr_jason_terry_sanderson.pdf- a. added him as a friend on Facebook in December 2009; ./prohibition_order_dr_jason_terry_sanderson.pdf- ./prohibition_order_dr_jason_terry_sanderson.pdf: b. sent him a number of inappropriate Facebook messages of a sexual ./prohibition_order_dr_jason_terry_sanderson.pdf- nature between 5 December 2009 and 6 December 2009; ./prohibition_order_dr_jason_terry_sanderson.pdf- ./prohibition_order_dr_jason_terry_sanderson.pdf-4. was issued with a First Harassment Notice by the Police, in relation to ./prohibition_order_dr_jason_terry_sanderson.pdf- allegation 3 above; ./prohibition_order_dr_jason_terry_sanderson.pdf- ./prohibition_order_dr_jason_terry_sanderson.pdf-5. was rude and abusive to a colleague, Individual C, on 13 December ./prohibition_order_dr_jason_terry_sanderson.pdf- 2007 in that he; ./prohibition_order_dr_jason_terry_sanderson.pdf- ./prohibition_order_dr_jason_terry_sanderson.pdf- a. called her a "stupid little girl"; ./prohibition_order_dr_jason_terry_sanderson.pdf- -- ./prohibition_order_dr_jason_terry_sanderson.pdf- 5 ./prohibition_order_dr_jason_terry_sanderson.pdf- ./prohibition_order_dr_jason_terry_sanderson.pdf- ./prohibition_order_dr_jason_terry_sanderson.pdf: e. sent him a number of inappropriate Facebook messages of a sexual ./prohibition_order_dr_jason_terry_sanderson.pdf- nature between 5 December 2009 and 6 December 2009; ./prohibition_order_dr_jason_terry_sanderson.pdf- ./prohibition_order_dr_jason_terry_sanderson.pdf-4. was issued with a First Harassment Notice by the Police, in relation to ./prohibition_order_dr_jason_terry_sanderson.pdf- allegation 3 above; ./prohibition_order_dr_jason_terry_sanderson.pdf- ./prohibition_order_dr_jason_terry_sanderson.pdf-5. was rude and abusive to a colleague, Individual C, on 13 December ./prohibition_order_dr_jason_terry_sanderson.pdf- 2007 in that he; ./prohibition_order_dr_jason_terry_sanderson.pdf- ./prohibition_order_dr_jason_terry_sanderson.pdf- f. called her a "stupid little girl"; ./prohibition_order_dr_jason_terry_sanderson.pdf- -- ./prohibition_order_dr_jason_terry_sanderson.pdf-We find all elements of this particular proven. ./prohibition_order_dr_jason_terry_sanderson.pdf- ./prohibition_order_dr_jason_terry_sanderson.pdf-In relation to particular 2, we have carefully considered the agreed statement of ./prohibition_order_dr_jason_terry_sanderson.pdf-facts. We have noted the admissions which Dr Sanderson has made. ./prohibition_order_dr_jason_terry_sanderson.pdf- ./prohibition_order_dr_jason_terry_sanderson.pdf-We have considered the evidence of Individual A and the evidence which has been ./prohibition_order_dr_jason_terry_sanderson.pdf-identified within the statement of facts. ./prohibition_order_dr_jason_terry_sanderson.pdf- ./prohibition_order_dr_jason_terry_sanderson.pdf-The transcripts of the communications with various pupils show that Dr Sanderson ./prohibition_order_dr_jason_terry_sanderson.pdf-did engage with past and present pupils. The content of the communications was of ./prohibition_order_dr_jason_terry_sanderson.pdf:a personal nature and included discussion of his emotional state, sexual ./prohibition_order_dr_jason_terry_sanderson.pdf:relationships and used sexualised comments. The content and nature of the ./prohibition_order_dr_jason_terry_sanderson.pdf-communications are inappropriate. ./prohibition_order_dr_jason_terry_sanderson.pdf- -- ./prohibition_order_dr_jason_terry_sanderson.pdf- ./prohibition_order_dr_jason_terry_sanderson.pdf-In relation to particular 3, we have carefully considered the agreed statement of facts ./prohibition_order_dr_jason_terry_sanderson.pdf-and the admissions which Dr Sanderson has made. ./prohibition_order_dr_jason_terry_sanderson.pdf- ./prohibition_order_dr_jason_terry_sanderson.pdf-We have considered all of the evidence relevant to the particular, which has included ./prohibition_order_dr_jason_terry_sanderson.pdf-transcripts of the Facebook messages. The evidence of Individual A refers to the ./prohibition_order_dr_jason_terry_sanderson.pdf-allegation being made by the mother of the boy ./prohibition_order_dr_jason_terry_sanderson.pdf- ./prohibition_order_dr_jason_terry_sanderson.pdf-The nature of the communication with the former pupil is set out in a transcribed ./prohibition_order_dr_jason_terry_sanderson.pdf-format in the bundle of evidence. It is clear that Dr Sanderson approached a former ./prohibition_order_dr_jason_terry_sanderson.pdf:pupil and made it evident that he wished to begin a sexual relationship with him and ./prohibition_order_dr_jason_terry_sanderson.pdf:used highly sexualised language. Dr Sanderson also requested that the messages ./prohibition_order_dr_jason_terry_sanderson.pdf-were kept secret. The boy's mother viewed the messages to be highly offensive and ./prohibition_order_dr_jason_terry_sanderson.pdf-reported her concerns to the police. We have reviewed a copy of her letter to the ./prohibition_order_dr_jason_terry_sanderson.pdf-school. ./prohibition_order_dr_jason_terry_sanderson.pdf- ./prohibition_order_dr_jason_terry_sanderson.pdf-We find the facts of this particular proven. ./prohibition_order_dr_jason_terry_sanderson.pdf- ./prohibition_order_dr_jason_terry_sanderson.pdf-In relation to particular 4 we have carefully considered the agreed statement of facts ./prohibition_order_dr_jason_terry_sanderson.pdf-and the admissions which Dr Sanderson has made. ./prohibition_order_dr_jason_terry_sanderson.pdf- ./prohibition_order_dr_jason_terry_sanderson.pdf-We have considered the evidence of Individual A and have reviewed the letter of the -- ./prohibition_order_dr_jason_terry_sanderson.pdf-Having found the facts of the allegation proven, we further find that Dr Sanderson's ./prohibition_order_dr_jason_terry_sanderson.pdf-actions do amount to unacceptable professional conduct for the following reasons. ./prohibition_order_dr_jason_terry_sanderson.pdf- ./prohibition_order_dr_jason_terry_sanderson.pdf-We have noted that Dr Sanderson admits that his behaviour amounts to ./prohibition_order_dr_jason_terry_sanderson.pdf-unacceptable professional conduct. ./prohibition_order_dr_jason_terry_sanderson.pdf- ./prohibition_order_dr_jason_terry_sanderson.pdf-Particulars 1, 2, 3, 4, and 7 of the allegation show a consistent pattern of behaviour ./prohibition_order_dr_jason_terry_sanderson.pdf-that Dr Sanderson made contact and communicated with pupils and former pupils in ./prohibition_order_dr_jason_terry_sanderson.pdf-an inappropriate manner. There is a pattern of Dr Sanderson forming inappropriate ./prohibition_order_dr_jason_terry_sanderson.pdf-relationships with pupils and former pupils and discussing highly personal and ./prohibition_order_dr_jason_terry_sanderson.pdf:sexualised matters with them. ./prohibition_order_dr_jason_terry_sanderson.pdf- ./prohibition_order_dr_jason_terry_sanderson.pdf-Teachers have a responsibility to maintain and uphold appropriate professional ./prohibition_order_dr_jason_terry_sanderson.pdf-boundaries with pupils. Dr Sanderson's contact and communications with pupils and ./prohibition_order_dr_jason_terry_sanderson.pdf-former pupils as well as a number of his relationships were inappropriate and ./prohibition_order_dr_jason_terry_sanderson.pdf-unprofessional. His actions are, we believe, more serious given that he continued to ./prohibition_order_dr_jason_terry_sanderson.pdf-act inappropriately despite clear advice and a formal warning being given to him. His ./prohibition_order_dr_jason_terry_sanderson.pdf-behaviour showed disregard for the need to maintain appropriate professional ./prohibition_order_dr_jason_terry_sanderson.pdf-boundaries. ./prohibition_order_dr_jason_terry_sanderson.pdf- ./prohibition_order_dr_jason_terry_sanderson.pdf-Teachers have the responsibility to safeguard pupils' well-being and to observe -- ./prohibition_order_dr_jason_terry_sanderson.pdf-pupils and personal relationships with pupils / former pupils. He had been warned ./prohibition_order_dr_jason_terry_sanderson.pdf-about his behaviour yet continued to communicate and seek to form inappropriate ./prohibition_order_dr_jason_terry_sanderson.pdf-personal relationships with pupils and former pupils. As an experienced teacher, who ./prohibition_order_dr_jason_terry_sanderson.pdf-held a position of authority and responsibility in the science faculty, the Panel felt that ./prohibition_order_dr_jason_terry_sanderson.pdf-Dr Sanderson should have fully understood the gravity of his behaviour. ./prohibition_order_dr_jason_terry_sanderson.pdf- ./prohibition_order_dr_jason_terry_sanderson.pdf-In this case, the evidence identifies that Dr Sanderson persistently failed to establish ./prohibition_order_dr_jason_terry_sanderson.pdf-and maintain appropriate professional boundaries in relationships with children and ./prohibition_order_dr_jason_terry_sanderson.pdf-young people. He communicated with pupils and former pupils over an extended ./prohibition_order_dr_jason_terry_sanderson.pdf-period of time. The Panel saw examples of Dr Sanderson using language which was ./prohibition_order_dr_jason_terry_sanderson.pdf:highly sexualised, related to personal matters and which sought to instigate ./prohibition_order_dr_jason_terry_sanderson.pdf:relationships; including an attempt to instigate a sexual relationship. ./prohibition_order_dr_jason_terry_sanderson.pdf- ./prohibition_order_dr_jason_terry_sanderson.pdf-We are concerned that Dr Sanderson did not satisfactorily understand that his duty ./prohibition_order_dr_jason_terry_sanderson.pdf-to safeguard children and young people was his primary responsibility. Having ./prohibition_order_dr_jason_terry_sanderson.pdf-considered his representations and evidence, we have not been reassured that he ./prohibition_order_dr_jason_terry_sanderson.pdf-yet appreciates the significance of this responsibility and need to maintain ./prohibition_order_dr_jason_terry_sanderson.pdf-appropriate boundaries. ./prohibition_order_dr_jason_terry_sanderson.pdf- ./prohibition_order_dr_jason_terry_sanderson.pdf-As we have set out above, the duty to safeguard children and maintain appropriate ./prohibition_order_dr_jason_terry_sanderson.pdf-professional boundaries is a fundamental responsibility for teachers. Dr Sanderson ./prohibition_order_dr_jason_terry_sanderson.pdf-acted deliberately in his communications with pupils and young people. He actively ./prohibition_order_dr_michael_ray_davis.pdf-her. The Head Teacher had initial dealings with the allegations and she took over the ./prohibition_order_dr_michael_ray_davis.pdf-investigation when the Head Teacher retired. ./prohibition_order_dr_michael_ray_davis.pdf- ./prohibition_order_dr_michael_ray_davis.pdf-Witness A stated that a number of teachers had reported concerns about ./prohibition_order_dr_michael_ray_davis.pdf-inappropriate behaviour by Dr Davis and as a result the Head Teacher warned Dr ./prohibition_order_dr_michael_ray_davis.pdf-Davis to be ultra-careful. In due course the Head Teacher asked Year 8 and Year ./prohibition_order_dr_michael_ray_davis.pdf-10 students to write down anything that happened in Dr Davis’s lessons that did not ./prohibition_order_dr_michael_ray_davis.pdf-happen in other teachers’ lessons. ./prohibition_order_dr_michael_ray_davis.pdf- ./prohibition_order_dr_michael_ray_davis.pdf-Witness A did not feel comfortable in Dr Davis’s presence as she found him too ./prohibition_order_dr_michael_ray_davis.pdf:open and he talked about being an author of books which contained sexual scenes ./prohibition_order_dr_michael_ray_davis.pdf-which he sometimes described. ./prohibition_order_dr_michael_ray_davis.pdf- ./prohibition_order_dr_michael_ray_davis.pdf-She stated that students tended to find his teaching style strict and formal and ./prohibition_order_dr_michael_ray_davis.pdf-described him as frightening. She would describe his lessons as satisfactory with ./prohibition_order_dr_michael_ray_davis.pdf- -- ./prohibition_order_dr_michael_ray_davis.pdf-comments the only one that was made directly to a student is “no heavy breathing”. ./prohibition_order_dr_michael_ray_davis.pdf-We are satisfied that he made this comment and that it was inappropriate. However ./prohibition_order_dr_michael_ray_davis.pdf-as it was made to a student rather than to students we have been unable to find the ./prohibition_order_dr_michael_ray_davis.pdf-particular proved. ./prohibition_order_dr_michael_ray_davis.pdf- ./prohibition_order_dr_michael_ray_davis.pdf-b) Made inappropriate comments to Year 8 students. ./prohibition_order_dr_michael_ray_davis.pdf- ./prohibition_order_dr_michael_ray_davis.pdf-We have found this particular proven. ./prohibition_order_dr_michael_ray_davis.pdf- ./prohibition_order_dr_michael_ray_davis.pdf-We have accepted the evidence in the statements of the Year 8 students that on a ./prohibition_order_dr_michael_ray_davis.pdf:number of occasions Dr Davis used inappropriate sexual language. We do not intend ./prohibition_order_dr_michael_ray_davis.pdf-to list all the expressions used but by way of example one student wrote “In lessons ./prohibition_order_dr_michael_ray_davis.pdf:Dr Davis keeps talking about sex and stuff and it’s not really relevant to the lesson” ./prohibition_order_dr_michael_ray_davis.pdf:Another wrote “he uses sexual words eg breast, rape, sex”. Yet another wrote “in ./prohibition_order_dr_michael_ray_davis.pdf:nearly every lesson Dr Davis always talks about sex. I think he is obsessed with that ./prohibition_order_dr_michael_ray_davis.pdf-subject”. We consider this language to be clearly inappropriate. ./prohibition_order_dr_michael_ray_davis.pdf- ./prohibition_order_dr_michael_ray_davis.pdf-c) Made inappropriate comments to Year 10 students. ./prohibition_order_dr_michael_ray_davis.pdf- ./prohibition_order_dr_michael_ray_davis.pdf-We have found this particular proven. ./prohibition_order_dr_michael_ray_davis.pdf- ./prohibition_order_dr_michael_ray_davis.pdf-We have accepted the evidence in the statements of the Year 10 students that on a ./prohibition_order_dr_michael_ray_davis.pdf:number of occasions Dr Davis used inappropriate sexual language. One example ./prohibition_order_dr_michael_ray_davis.pdf:being “the best form of exercise for people our age was sex” Several other students ./prohibition_order_dr_michael_ray_davis.pdf-recall Dr Davis using the word SEX as a mnemonic to assist in paragraph structuring ./prohibition_order_dr_michael_ray_davis.pdf-– S was for source, E was for evidence or Example and X was for Explanation. ./prohibition_order_dr_michael_ray_davis.pdf- ./prohibition_order_dr_michael_ray_davis.pdf-We consider such language to be clearly inappropriate. ./prohibition_order_dr_michael_ray_davis.pdf- ./prohibition_order_dr_michael_ray_davis.pdf-d) Made inappropriate comments to Year 12 students. ./prohibition_order_dr_michael_ray_davis.pdf- ./prohibition_order_dr_michael_ray_davis.pdf-We have found this particular proven. ./prohibition_order_dr_michael_ray_davis.pdf- -- ./prohibition_order_dr_michael_ray_davis.pdf- ./prohibition_order_dr_michael_ray_davis.pdf-We are satisfied that Dr Davis said to one Year 12 student words to the effect of that ./prohibition_order_dr_michael_ray_davis.pdf-he wanted all the girls as Facebook friends so he can keep an eye on what they are ./prohibition_order_dr_michael_ray_davis.pdf-up to. We also satisfied that he said to another Year 12 student “if I was younger and ./prohibition_order_dr_michael_ray_davis.pdf-you were older, I’d have you.” ./prohibition_order_dr_michael_ray_davis.pdf- ./prohibition_order_dr_michael_ray_davis.pdf-We are satisfied that both these comments were inappropriate. ./prohibition_order_dr_michael_ray_davis.pdf- ./prohibition_order_dr_michael_ray_davis.pdf-Findings as to Unacceptable Professional Conduct ./prohibition_order_dr_michael_ray_davis.pdf- ./prohibition_order_dr_michael_ray_davis.pdf:It is clear from the evidence that inappropriate sexual comments pervaded many of ./prohibition_order_dr_michael_ray_davis.pdf-Dr Davis’s lessons. Such behaviour cannot be anything other than misconduct of a ./prohibition_order_dr_michael_ray_davis.pdf-serious nature, falling significantly short of the standard of behaviour expected of a ./prohibition_order_dr_michael_ray_davis.pdf-teacher. ./prohibition_order_dr_michael_ray_davis.pdf- ./prohibition_order_dr_michael_ray_davis.pdf-Accordingly, his conduct amounted to Unacceptable Professional Conduct. ./prohibition_order_dr_michael_ray_davis.pdf- ./prohibition_order_dr_michael_ray_davis.pdf-Panel’s Recommendation to the Secretary of State ./prohibition_order_dr_michael_ray_davis.pdf- ./prohibition_order_dr_michael_ray_davis.pdf-We have carefully considered the Teaching Agency guidance on the issuing of ./prohibition_order_dr_michael_ray_davis.pdf-prohibition orders. We recommend to the Secretary of State that a prohibition order -- ./prohibition_order_dr_michael_ray_davis.pdf-confidence. We are concerned that public confidence would be significantly ./prohibition_order_dr_michael_ray_davis.pdf-undermined if Dr Davis's misconduct was not subject to a sanction. ./prohibition_order_dr_michael_ray_davis.pdf- ./prohibition_order_dr_michael_ray_davis.pdf-We are also mindful of the public interest in declaring and upholding proper ./prohibition_order_dr_michael_ray_davis.pdf-standards of conduct. ./prohibition_order_dr_michael_ray_davis.pdf- ./prohibition_order_dr_michael_ray_davis.pdf-We are concerned that when issues about Dr Davis were raised he was warned on ./prohibition_order_dr_michael_ray_davis.pdf-two occasions by the Head Teacher about his behaviour. In a letter to the school ./prohibition_order_dr_michael_ray_davis.pdf-governor’s dated 2 July 2008 the Head Teacher wrote “I spoke to him firmly telling ./prohibition_order_dr_michael_ray_davis.pdf-him to be ultra-careful and to make sure that he did not say anything, even in jest, ./prohibition_order_dr_michael_ray_davis.pdf:which could in any way be interpreted as sexual or having sexual implications” Dr ./prohibition_order_dr_michael_ray_davis.pdf-Davis, an experienced teacher, failed to heed these warnings and has always denied ./prohibition_order_dr_michael_ray_davis.pdf-any wrongdoing. ./prohibition_order_dr_michael_ray_davis.pdf- ./prohibition_order_dr_michael_ray_davis.pdf-We consider that Dr Davis lacks insight and were concerned to note in his letter to ./prohibition_order_dr_michael_ray_davis.pdf-the panel he wrote “Further, in my defence you note that the allegations are about ./prohibition_order_dr_michael_ray_davis.pdf-comments, there is no allegation about any improper physical contact with pupils”. ./prohibition_order_dr_michael_ray_davis.pdf-This demonstrates to us that Dr Davis has a severe misunderstanding of the ./prohibition_order_dr_michael_ray_davis.pdf-potential consequences of his behaviour. ./prohibition_order_dr_michael_ray_davis.pdf- ./prohibition_order_dr_michael_ray_davis.pdf-We recognise that Witness A described Dr Davis as a satisfactory teacher. However, -- ./prohibition_order_dr_michael_ray_davis.pdf-consider it is proportionate to allow Dr Davis an opportunity to demonstrate that he ./prohibition_order_dr_michael_ray_davis.pdf-has recognised his failings and taken steps to address them. ./prohibition_order_dr_michael_ray_davis.pdf- ./prohibition_order_dr_michael_ray_davis.pdf-Secretary of State’s Decision and Reasons ./prohibition_order_dr_michael_ray_davis.pdf- ./prohibition_order_dr_michael_ray_davis.pdf-I have carefully considered this case. The panel have found facts proven in the ./prohibition_order_dr_michael_ray_davis.pdf-majority of the allegations made, and have found that these findings do amount to ./prohibition_order_dr_michael_ray_davis.pdf-unacceptable professional conduct. ./prohibition_order_dr_michael_ray_davis.pdf- ./prohibition_order_dr_michael_ray_davis.pdf-It is evident that the behaviour of Dr Davis falls seriously below that expected. The ./prohibition_order_dr_michael_ray_davis.pdf:repeated use of sexualised language and sexual references falls significantly short of ./prohibition_order_dr_michael_ray_davis.pdf-the behaviour expected of a teacher. ./prohibition_order_dr_michael_ray_davis.pdf- ./prohibition_order_dr_michael_ray_davis.pdf-For these reasons I support the panel’s recommendation that a prohibition order is ./prohibition_order_dr_michael_ray_davis.pdf-imposed. ./prohibition_order_dr_michael_ray_davis.pdf- ./prohibition_order_dr_michael_ray_davis.pdf-I turn now to the review period. I have also considered this carefully. The behaviour ./prohibition_order_dr_michael_ray_davis.pdf-of Dr Davis is serious, but on balance and in the public interest I support the ./prohibition_order_dr_michael_ray_davis.pdf-opportunity that the panel recommend that he be given a review period of five years. ./prohibition_order_dr_michael_ray_davis.pdf- ./prohibition_order_dr_michael_ray_davis.pdf-This means that Dr Michael Davis is prohibited from teaching indefinitely and cannot ./Prohibition_order_Hutchins__Benjamin_Simon.pdf-B. Allegations ./Prohibition_order_Hutchins__Benjamin_Simon.pdf-The Panel considered the allegations set out in the Notice of Meeting dated 5 August ./Prohibition_order_Hutchins__Benjamin_Simon.pdf-2014. ./Prohibition_order_Hutchins__Benjamin_Simon.pdf- ./Prohibition_order_Hutchins__Benjamin_Simon.pdf-It was alleged that Mr Hutchins was guilty of Unacceptable Professional Conduct and/or ./Prohibition_order_Hutchins__Benjamin_Simon.pdf-Conduct that may bring the profession into disrepute, in that, whilst employed at ./Prohibition_order_Hutchins__Benjamin_Simon.pdf-Melksham Oak Community School during 2012 – 2013 he:- ./Prohibition_order_Hutchins__Benjamin_Simon.pdf- ./Prohibition_order_Hutchins__Benjamin_Simon.pdf-1. Sent private messages on Twitter to a Year 13 female student, which resulted in a ./Prohibition_order_Hutchins__Benjamin_Simon.pdf- Police caution for abuse of position of trust – causing or enticing a child to engage ./Prohibition_order_Hutchins__Benjamin_Simon.pdf: in a sexual act (Wiltshire Constabulary on 10 January 2013); ./Prohibition_order_Hutchins__Benjamin_Simon.pdf- ./Prohibition_order_Hutchins__Benjamin_Simon.pdf-2. Deliberately falsified examination coursework and marks for English Unit 1; ./Prohibition_order_Hutchins__Benjamin_Simon.pdf- ./Prohibition_order_Hutchins__Benjamin_Simon.pdf-3. Breached the School’s Code of Conduct by contacting students via Facebook. ./Prohibition_order_Hutchins__Benjamin_Simon.pdf- ./Prohibition_order_Hutchins__Benjamin_Simon.pdf- ./Prohibition_order_Hutchins__Benjamin_Simon.pdf- ./Prohibition_order_Hutchins__Benjamin_Simon.pdf- ./Prohibition_order_Hutchins__Benjamin_Simon.pdf-C. Summary of evidence ./Prohibition_order_Hutchins__Benjamin_Simon.pdf- -- ./Prohibition_order_Hutchins__Benjamin_Simon.pdf- ./Prohibition_order_Hutchins__Benjamin_Simon.pdf-We have found the following particulars of the allegation against Mr Hutchins proved, for ./Prohibition_order_Hutchins__Benjamin_Simon.pdf-these reasons:- ./Prohibition_order_Hutchins__Benjamin_Simon.pdf- ./Prohibition_order_Hutchins__Benjamin_Simon.pdf-It is alleged that Mr Hutchins is guilty of Unacceptable Professional Conduct and/or ./Prohibition_order_Hutchins__Benjamin_Simon.pdf-Conduct that may bring the profession into disrepute, in that, whilst employed at ./Prohibition_order_Hutchins__Benjamin_Simon.pdf-Melksham Oak Community School during 2012 – 2013 he:- ./Prohibition_order_Hutchins__Benjamin_Simon.pdf- ./Prohibition_order_Hutchins__Benjamin_Simon.pdf-1. Sent private messages on Twitter to a Year 13 female student, which resulted in a ./Prohibition_order_Hutchins__Benjamin_Simon.pdf- Police caution for abuse of position of trust – causing or enticing a child to engage ./Prohibition_order_Hutchins__Benjamin_Simon.pdf: in a sexual act (Wiltshire Constabulary on 10 January 2013); ./Prohibition_order_Hutchins__Benjamin_Simon.pdf- ./Prohibition_order_Hutchins__Benjamin_Simon.pdf-2. Deliberately falsified examination coursework and marks for English Unit 1; ./Prohibition_order_Hutchins__Benjamin_Simon.pdf- ./Prohibition_order_Hutchins__Benjamin_Simon.pdf-3. Breached the School’s Code of Conduct by contacting students via Facebook. ./Prohibition_order_Hutchins__Benjamin_Simon.pdf- ./Prohibition_order_Hutchins__Benjamin_Simon.pdf-And our reasons are that the case is admitted by Mr Hutchins and there is a Statement of ./Prohibition_order_Hutchins__Benjamin_Simon.pdf-Agreed Facts in the case papers which is supported by other documents which we have ./Prohibition_order_Hutchins__Benjamin_Simon.pdf-considered. However, in relation to Particular 1, we have seen only the Police National ./Prohibition_order_Hutchins__Benjamin_Simon.pdf-Computer print out relating to Mr Hutchins at page 22 of the case papers. ./Prohibition_order_Hutchins__Benjamin_Simon.pdf- ./Prohibition_order_Lauren_Chandler.pdf- i. Without the knowledge and/or permission of the College, ./Prohibition_order_Lauren_Chandler.pdf- ./Prohibition_order_Lauren_Chandler.pdf- ii. Without the knowledge and/or permission of Pupil A's parents, ./Prohibition_order_Lauren_Chandler.pdf- ./Prohibition_order_Lauren_Chandler.pdf- b. Took Pupil A to a friend's house: ./Prohibition_order_Lauren_Chandler.pdf- ./Prohibition_order_Lauren_Chandler.pdf- i. Without the knowledge and/or permission of the College, ./Prohibition_order_Lauren_Chandler.pdf- ./Prohibition_order_Lauren_Chandler.pdf- ii. Without the knowledge and/or permission of Pupil A's parents, ./Prohibition_order_Lauren_Chandler.pdf- ./Prohibition_order_Lauren_Chandler.pdf: c. Engaged in sexual activity with Pupil A; ./Prohibition_order_Lauren_Chandler.pdf- ./Prohibition_order_Lauren_Chandler.pdf-6. Her conduct at 1, and/or 2 and/or 3, and/or 4, and/or 5a, and/or 5b, and/or 5c above ./Prohibition_order_Lauren_Chandler.pdf:was sexually motivated. ./Prohibition_order_Lauren_Chandler.pdf- ./Prohibition_order_Lauren_Chandler.pdf- ./Prohibition_order_Lauren_Chandler.pdf- ./Prohibition_order_Lauren_Chandler.pdf- ./Prohibition_order_Lauren_Chandler.pdf- 4 ./Prohibition_order_Lauren_Chandler.pdf- -- ./Prohibition_order_Lauren_Chandler.pdf- ./Prohibition_order_Lauren_Chandler.pdf-Witness A – former deputy headteacher of Dover College and designated safeguarding ./Prohibition_order_Lauren_Chandler.pdf-lead at the College. ./Prohibition_order_Lauren_Chandler.pdf- ./Prohibition_order_Lauren_Chandler.pdf- ./Prohibition_order_Lauren_Chandler.pdf-E. Decision and reasons ./Prohibition_order_Lauren_Chandler.pdf-The panel announced its decision and reasons as follows: ./Prohibition_order_Lauren_Chandler.pdf- ./Prohibition_order_Lauren_Chandler.pdf-We have now carefully considered the case before us and have reached a decision. ./Prohibition_order_Lauren_Chandler.pdf- ./Prohibition_order_Lauren_Chandler.pdf:This case concerns a teacher who it is alleged formed an inappropriate and sexual ./Prohibition_order_Lauren_Chandler.pdf-relationship with a 15 year old pupil at the College where she was a games coach, a ./Prohibition_order_Lauren_Chandler.pdf-teacher and a residential house tutor. The evidence in the case included records of ./Prohibition_order_Lauren_Chandler.pdf-numerous text/WhatsApp messages exchanged between the teacher and Pupil A as well ./Prohibition_order_Lauren_Chandler.pdf:as evidence that Pupil A had slept with the teacher and engaged in two way sexual ./Prohibition_order_Lauren_Chandler.pdf-touching of the vagina with her. ./Prohibition_order_Lauren_Chandler.pdf- ./Prohibition_order_Lauren_Chandler.pdf-Findings of fact ./Prohibition_order_Lauren_Chandler.pdf-Our findings of fact are as follows: ./Prohibition_order_Lauren_Chandler.pdf- ./Prohibition_order_Lauren_Chandler.pdf-We have found the following particulars of the allegation against you proven, for these ./Prohibition_order_Lauren_Chandler.pdf-reasons: ./Prohibition_order_Lauren_Chandler.pdf- ./Prohibition_order_Lauren_Chandler.pdf-Between October 2012 and June 2013, you failed to maintain proper professional ./Prohibition_order_Lauren_Chandler.pdf-boundaries with Pupil A in that: -- ./Prohibition_order_Lauren_Chandler.pdf- b. Sexual in nature ./Prohibition_order_Lauren_Chandler.pdf- ./Prohibition_order_Lauren_Chandler.pdf:We are satisfied that the relationship of Pupil A and Miss Chandler was sexual in nature ./Prohibition_order_Lauren_Chandler.pdf-as described by Pupil A. The language used in many of the text messages, and the ./Prohibition_order_Lauren_Chandler.pdf-photographs exchanged, indicate an intimate and clandestine relationship. We are ./Prohibition_order_Lauren_Chandler.pdf:satisfied that Pupil's A statements in relation to the sexual contact were credible, ./Prohibition_order_Lauren_Chandler.pdf-particularly as presented consistently over time to the police, the housemistress ./Prohibition_order_Lauren_Chandler.pdf-(Individual A), and Witness A. It is clear that the two way touching of vaginal areas was ./Prohibition_order_Lauren_Chandler.pdf:sexual in its nature. ./Prohibition_order_Lauren_Chandler.pdf- ./Prohibition_order_Lauren_Chandler.pdf-2. You sent Pupil A a text message from your personal mobile phone on one or ./Prohibition_order_Lauren_Chandler.pdf-more occasions; ./Prohibition_order_Lauren_Chandler.pdf- ./Prohibition_order_Lauren_Chandler.pdf-We find that numerous text messages were sent by Miss Chandler to Pupil A from her ./Prohibition_order_Lauren_Chandler.pdf-personal mobile phone. The records of the text/WhatsApp messages confirm this. It was ./Prohibition_order_Lauren_Chandler.pdf-however accepted and common practice at the school that teachers and pupils ./Prohibition_order_Lauren_Chandler.pdf-exchanged text messages. ./Prohibition_order_Lauren_Chandler.pdf- ./Prohibition_order_Lauren_Chandler.pdf-3. Failed to take appropriate action when you received a text message from Pupil A -- ./Prohibition_order_Lauren_Chandler.pdf-tell her parents that she was going to stay with Miss Chandler in England. Her parents', ./Prohibition_order_Lauren_Chandler.pdf-and the College's lack of knowledge of her whereabouts with Miss Chandler is further ./Prohibition_order_Lauren_Chandler.pdf-confirmed by: ./Prohibition_order_Lauren_Chandler.pdf- ./Prohibition_order_Lauren_Chandler.pdf-i) The police record of Pupil A's father's conversation with the school as recorded at the ./Prohibition_order_Lauren_Chandler.pdf-bottom of page 350 of the bundle, and; ./Prohibition_order_Lauren_Chandler.pdf- ./Prohibition_order_Lauren_Chandler.pdf-ii) Witness A’s evidence that the school's records for the relevant period indicate that ./Prohibition_order_Lauren_Chandler.pdf-Pupil A was, according to that record, at home with her parents [redacted]. ./Prohibition_order_Lauren_Chandler.pdf- ./Prohibition_order_Lauren_Chandler.pdf: c. Engaged in sexual activity with Pupil A; ./Prohibition_order_Lauren_Chandler.pdf- ./Prohibition_order_Lauren_Chandler.pdf-As previously stated at our decision and reasons at 1b above, we are satisfied that Miss ./Prohibition_order_Lauren_Chandler.pdf:Chandler engaged in sexual activity with Pupil A as described. We are further satisfied ./Prohibition_order_Lauren_Chandler.pdf:that such sexual activity took place at Miss Chandler's parents’ house during half term as ./Prohibition_order_Lauren_Chandler.pdf-described by Pupil A on 10 June 2013 and recorded at pages 405 and 406 of the ./Prohibition_order_Lauren_Chandler.pdf-evidence bundle. Ultimately Miss Chandler does not offer any detailed challenge to the ./Prohibition_order_Lauren_Chandler.pdf-evidence of Pupil A in this regard and in our view Pupil A had no reason to falsify such ./Prohibition_order_Lauren_Chandler.pdf-allegations. ./Prohibition_order_Lauren_Chandler.pdf- ./Prohibition_order_Lauren_Chandler.pdf-6. Your conduct at 1, and/or 2 and/or 3, and/or 4, and/or 5a, and/or 5c above was ./Prohibition_order_Lauren_Chandler.pdf:sexually motivated. ./Prohibition_order_Lauren_Chandler.pdf- ./Prohibition_order_Lauren_Chandler.pdf-We find that Miss Chandler's conduct as proved at factual particulars 1, 2, 3, 4 and 5 was ./Prohibition_order_Lauren_Chandler.pdf:sexually motivated, although it is noted that significant parts of the relationship and ./Prohibition_order_Lauren_Chandler.pdf:communicative exchanges were simply inappropriate as opposed to sexually motivated, ./Prohibition_order_Lauren_Chandler.pdf-particularly at the start of the relationship. ./Prohibition_order_Lauren_Chandler.pdf- ./Prohibition_order_Lauren_Chandler.pdf-We have found the following particulars of allegation not proved, for these reasons: ./Prohibition_order_Lauren_Chandler.pdf- ./Prohibition_order_Lauren_Chandler.pdf-5b. Took Pupil A to a friend's house: ./Prohibition_order_Lauren_Chandler.pdf- ./Prohibition_order_Lauren_Chandler.pdf- i. Without the knowledge and/or permission of the College, ./Prohibition_order_Lauren_Chandler.pdf- ./Prohibition_order_Lauren_Chandler.pdf- ii. Without the knowledge and/or permission of Pupil A's parents ./Prohibition_order_Lauren_Chandler.pdf- -- ./Prohibition_order_Lauren_Chandler.pdf-to this at page 408 of the evidence bundle but it is not referred to elsewhere in the ./Prohibition_order_Lauren_Chandler.pdf-evidence. ./Prohibition_order_Lauren_Chandler.pdf- ./Prohibition_order_Lauren_Chandler.pdf-Findings as to unacceptable professional conduct and/or ./Prohibition_order_Lauren_Chandler.pdf-conduct that may bring the profession into disrepute ./Prohibition_order_Lauren_Chandler.pdf-We find that Miss Chandler's conduct amounts to both unacceptable professional ./Prohibition_order_Lauren_Chandler.pdf-conduct and conduct that may bring the profession into disrepute. ./Prohibition_order_Lauren_Chandler.pdf- ./Prohibition_order_Lauren_Chandler.pdf-Miss Chandler failed to observe proper professional boundaries and this led to Pupil A ./Prohibition_order_Lauren_Chandler.pdf-(who was a 15 year old child at the time) being exposed to inappropriate behaviour in a ./Prohibition_order_Lauren_Chandler.pdf:potentially harmful way. It is of particular concern that the relationship became sexual in ./Prohibition_order_Lauren_Chandler.pdf:its nature as this demonstrates behaviour consistent with criminal acts of sexual activity ./Prohibition_order_Lauren_Chandler.pdf-with a child. Criminal investigations did not proceed due to Pupil A's refusal, with the ./Prohibition_order_Lauren_Chandler.pdf-support of her parents, to take matters further. ./Prohibition_order_Lauren_Chandler.pdf- ./Prohibition_order_Lauren_Chandler.pdf-Miss Chandler has failed to demonstrate consistently high standards of personal and ./Prohibition_order_Lauren_Chandler.pdf-professional conduct and has failed to uphold public trust in the profession and maintain ./Prohibition_order_Lauren_Chandler.pdf-high standards of ethics and behaviour. She failed to protect Pupil A's well-being and ./Prohibition_order_Lauren_Chandler.pdf-failed to have proper regard for the ethos, policies and practices of the school, for ./Prohibition_order_Lauren_Chandler.pdf-example in relation to text communications with a pupil. She failed to act within statutory ./Prohibition_order_Lauren_Chandler.pdf-frameworks despite the safeguarding material being available at the start of her ./Prohibition_order_Lauren_Chandler.pdf-employment. In addition, she received specific guidance with regard to professional -- ./Prohibition_order_Lauren_Chandler.pdf- ./Prohibition_order_Lauren_Chandler.pdf-Panel’s recommendation to the Secretary of State ./Prohibition_order_Lauren_Chandler.pdf-The panel recommends the imposition of a prohibition order by the Secretary of State in ./Prohibition_order_Lauren_Chandler.pdf-this case. The panel believes that this is a proportionate and appropriate measure that is ./Prohibition_order_Lauren_Chandler.pdf-required in order to protect pupils, maintain public confidence in the profession and ./Prohibition_order_Lauren_Chandler.pdf-declare and uphold proper standards of conduct. ./Prohibition_order_Lauren_Chandler.pdf- ./Prohibition_order_Lauren_Chandler.pdf-Miss Chandler has shown a serious disregard for the personal and professional conduct ./Prohibition_order_Lauren_Chandler.pdf-elements of the Teachers' Standards. She has abused her position of trust by causing ./Prohibition_order_Lauren_Chandler.pdf-her relationship with Pupil A to develop beyond proper professional boundaries. She has ./Prohibition_order_Lauren_Chandler.pdf:committed serious sexual misconduct with a child. Her actions were deliberate and ./Prohibition_order_Lauren_Chandler.pdf- ./Prohibition_order_Lauren_Chandler.pdf- ./Prohibition_order_Lauren_Chandler.pdf- 9 ./Prohibition_order_Lauren_Chandler.pdf- -- ./Prohibition_order_Lauren_Chandler.pdf-years. ./Prohibition_order_Lauren_Chandler.pdf- ./Prohibition_order_Lauren_Chandler.pdf- ./Prohibition_order_Lauren_Chandler.pdf-Decision and reasons on behalf of the Secretary of State ./Prohibition_order_Lauren_Chandler.pdf-I have given careful consideration to the findings and recommendations of the panel in ./Prohibition_order_Lauren_Chandler.pdf-this case. The panel have found a range of serious allegations proven and have judged ./Prohibition_order_Lauren_Chandler.pdf-that those facts amount to both unacceptable professional conduct and conduct that may ./Prohibition_order_Lauren_Chandler.pdf-bring the profession into disrepute. ./Prohibition_order_Lauren_Chandler.pdf- ./Prohibition_order_Lauren_Chandler.pdf-Miss Chandler has abused her position of trust by causing her relationship with Pupil A to ./Prohibition_order_Lauren_Chandler.pdf:develop beyond proper professional boundaries. She has committed serious sexual ./Prohibition_order_Lauren_Chandler.pdf-misconduct with a child and her actions were both deliberate and repeated. She has not ./Prohibition_order_Lauren_Chandler.pdf-demonstrated any remorse or insight into her behaviour having not engaged with this ./Prohibition_order_Lauren_Chandler.pdf-process in any significant way. ./Prohibition_order_Lauren_Chandler.pdf- ./Prohibition_order_Lauren_Chandler.pdf-I agree with the panel’s recommendation that prohibition is an appropriate and ./Prohibition_order_Lauren_Chandler.pdf-proportionate sanction. ./Prohibition_order_Lauren_Chandler.pdf- ./Prohibition_order_Lauren_Chandler.pdf-In view of Miss Chandler’s age at the time of the incidents, and the complexity of her role, ./Prohibition_order_Lauren_Chandler.pdf-the panel have recommended a review period of 5 years. However, the Secretary of ./Prohibition_order_Lauren_Chandler.pdf-State’s advice Teacher misconduct: the prohibition of teachers is clear that where serious ./Prohibition_order_Lauren_Chandler.pdf:sexual misconduct is involved the panel should consider recommending a prohibition ./Prohibition_order_Lauren_Chandler.pdf:order with no provision for review. Miss Chandler’s actions were sexually motivated and ./Prohibition_order_Lauren_Chandler.pdf-had the potential to result in harm to Pupil A. ./Prohibition_order_Lauren_Chandler.pdf- ./Prohibition_order_Lauren_Chandler.pdf-In the circumstances I have decided that the prohibition order will be without the ./Prohibition_order_Lauren_Chandler.pdf-opportunity to apply to have it set aside. ./Prohibition_order_Lauren_Chandler.pdf- ./Prohibition_order_Lauren_Chandler.pdf-This means that Miss Lauren Chandler is prohibited from teaching indefinitely and ./Prohibition_order_Lauren_Chandler.pdf-cannot teach in any school, sixth form college, relevant youth accommodation or ./Prohibition_order_Lauren_Chandler.pdf-children’s home in England. Furthermore, in view of the seriousness of the ./Prohibition_order_Lauren_Chandler.pdf-allegation(s) found proved against her, I have decided that Miss Lauren Chandler shall ./Prohibition_order_Lauren_Chandler.pdf-not be entitled to apply for restoration of her eligibility to teach. ./Prohibition_Order_Michael_Barrington_Taylor.pdf- 2 ./Prohibition_Order_Michael_Barrington_Taylor.pdf- ./Prohibition_Order_Michael_Barrington_Taylor.pdf- ./Prohibition_Order_Michael_Barrington_Taylor.pdf-1. Whilst employed at Greenwood Dale School, Nottingham between September ./Prohibition_Order_Michael_Barrington_Taylor.pdf- 1996 and December 1997 he:- ./Prohibition_Order_Michael_Barrington_Taylor.pdf- ./Prohibition_Order_Michael_Barrington_Taylor.pdf: a. Had a sexual relationship with Former Pupil A after she had left the roll ./Prohibition_Order_Michael_Barrington_Taylor.pdf- of students at Soar Valley Community College, Leicester at which he ./Prohibition_Order_Michael_Barrington_Taylor.pdf- was employed between January 1989 and August 1996. ./Prohibition_Order_Michael_Barrington_Taylor.pdf- ./Prohibition_Order_Michael_Barrington_Taylor.pdf-The Teacher made no indication as to his admission or denial of the facts. The case ./Prohibition_Order_Michael_Barrington_Taylor.pdf-was therefore dealt with as a contested case. ./Prohibition_Order_Michael_Barrington_Taylor.pdf- ./Prohibition_Order_Michael_Barrington_Taylor.pdf- ./Prohibition_Order_Michael_Barrington_Taylor.pdf- ./Prohibition_Order_Michael_Barrington_Taylor.pdf-C. Summary of Evidence ./Prohibition_Order_Michael_Barrington_Taylor.pdf- -- ./Prohibition_Order_Michael_Barrington_Taylor.pdf- ./Prohibition_Order_Michael_Barrington_Taylor.pdf-Brief summary of evidence given ./Prohibition_Order_Michael_Barrington_Taylor.pdf- ./Prohibition_Order_Michael_Barrington_Taylor.pdf-The Panel heard evidence from the following witness who were called in person:- ./Prohibition_Order_Michael_Barrington_Taylor.pdf- ./Prohibition_Order_Michael_Barrington_Taylor.pdf-Witness A who gave evidence as follows:- ./Prohibition_Order_Michael_Barrington_Taylor.pdf- ./Prohibition_Order_Michael_Barrington_Taylor.pdf- He was a Detective Constable in the Child Protection Unit of Leicestershire ./Prohibition_Order_Michael_Barrington_Taylor.pdf- Police and became involved in the investigation concerning Michael Taylor. ./Prohibition_Order_Michael_Barrington_Taylor.pdf- ./Prohibition_Order_Michael_Barrington_Taylor.pdf: The investigation concerned Mr Taylor’s alleged involvement in a sexual ./Prohibition_Order_Michael_Barrington_Taylor.pdf- relationship with Pupil A while she was still a student at Soar Valley ./Prohibition_Order_Michael_Barrington_Taylor.pdf- Community College where Mr Taylor was Head of Science between 1 ./Prohibition_Order_Michael_Barrington_Taylor.pdf- January to 31 December 2005. ./Prohibition_Order_Michael_Barrington_Taylor.pdf- ./Prohibition_Order_Michael_Barrington_Taylor.pdf- He interviewed Mr Taylor under caution on a number of occasions – Mr Taylor ./Prohibition_Order_Michael_Barrington_Taylor.pdf: denied ever having had a sexual relationship with Pupil A at all throughout the ./Prohibition_Order_Michael_Barrington_Taylor.pdf- interviews. ./Prohibition_Order_Michael_Barrington_Taylor.pdf- -- ./Prohibition_Order_Michael_Barrington_Taylor.pdf- ./Prohibition_Order_Michael_Barrington_Taylor.pdf- ./Prohibition_Order_Michael_Barrington_Taylor.pdf- He recovered birthday and Christmas cards sent to Pupil A by Mr Taylor. ./Prohibition_Order_Michael_Barrington_Taylor.pdf- ./Prohibition_Order_Michael_Barrington_Taylor.pdf- He was involved in charging Mr Taylor with six counts of indecent assault ./Prohibition_Order_Michael_Barrington_Taylor.pdf- contrary to the Sexual Offences Act 1956. ./Prohibition_Order_Michael_Barrington_Taylor.pdf- ./Prohibition_Order_Michael_Barrington_Taylor.pdf- He produced an Addendum to a Defence Case Statement supplied by Mr ./Prohibition_Order_Michael_Barrington_Taylor.pdf- Taylor’s Solicitors in advance of his Trial at the Crown Court. ./Prohibition_Order_Michael_Barrington_Taylor.pdf- ./Prohibition_Order_Michael_Barrington_Taylor.pdf: In the Defence Case Statement Mr Taylor accepted that he had had a sexual ./Prohibition_Order_Michael_Barrington_Taylor.pdf- relationship with Pupil A, after Pupil A had left the School roll. ./Prohibition_Order_Michael_Barrington_Taylor.pdf- ./Prohibition_Order_Michael_Barrington_Taylor.pdf: This was the first time that Mr Taylor had acknowledged any sort of sexual ./Prohibition_Order_Michael_Barrington_Taylor.pdf- relationship with Pupil A. ./Prohibition_Order_Michael_Barrington_Taylor.pdf- ./Prohibition_Order_Michael_Barrington_Taylor.pdf- ./Prohibition_Order_Michael_Barrington_Taylor.pdf-Witness B gave evidence as follows:- ./Prohibition_Order_Michael_Barrington_Taylor.pdf- ./Prohibition_Order_Michael_Barrington_Taylor.pdf- She was an Independent Social Work Consultant and was commissioned by ./Prohibition_Order_Michael_Barrington_Taylor.pdf- Leicester City Council to undertake a disciplinary investigation in relation to Mr ./Prohibition_Order_Michael_Barrington_Taylor.pdf- Taylor in May 2007. ./Prohibition_Order_Michael_Barrington_Taylor.pdf- ./Prohibition_Order_Michael_Barrington_Taylor.pdf- She was aware that Mr Taylor had been tried on indictment at Leicester ./Prohibition_Order_Michael_Barrington_Taylor.pdf: Crown Court on various sexual charges involving intimacy with Pupil A. ./Prohibition_Order_Michael_Barrington_Taylor.pdf- ./Prohibition_Order_Michael_Barrington_Taylor.pdf- She was aware that in May 2007 the Crown Court Judge withdrew the Case ./Prohibition_Order_Michael_Barrington_Taylor.pdf- from the Jury on the basis that Pupil A had committed perjury in relation to ./Prohibition_Order_Michael_Barrington_Taylor.pdf- one aspect of her evidence and because other evidence relied upon by the ./Prohibition_Order_Michael_Barrington_Taylor.pdf- Prosecution had been discredited. ./Prohibition_Order_Michael_Barrington_Taylor.pdf- ./Prohibition_Order_Michael_Barrington_Taylor.pdf- In her subsequent investigation she considered the admissions made by Mr ./Prohibition_Order_Michael_Barrington_Taylor.pdf- Taylor in his Defence Case Statement. ./Prohibition_Order_Michael_Barrington_Taylor.pdf- ./Prohibition_Order_Michael_Barrington_Taylor.pdf- In a meeting with Mr Taylor on 6 March 2008 Mr Taylor affirmed the truth of -- ./Prohibition_Order_Michael_Barrington_Taylor.pdf- 4 ./Prohibition_Order_Michael_Barrington_Taylor.pdf- ./Prohibition_Order_Michael_Barrington_Taylor.pdf- ./Prohibition_Order_Michael_Barrington_Taylor.pdf: Mr Taylor’s admission to having a sexual relationship with Pupil A who was ./Prohibition_Order_Michael_Barrington_Taylor.pdf- considerably younger than him seriously undermined any confidence in his ./Prohibition_Order_Michael_Barrington_Taylor.pdf- capacity to safeguard and promote the welfare of pupils. ./Prohibition_Order_Michael_Barrington_Taylor.pdf- ./Prohibition_Order_Michael_Barrington_Taylor.pdf- Mr Taylor admitted only a brief relationship with Pupil A which had occurred ./Prohibition_Order_Michael_Barrington_Taylor.pdf- when Pupil A was 17 in June of that year. ./Prohibition_Order_Michael_Barrington_Taylor.pdf- ./Prohibition_Order_Michael_Barrington_Taylor.pdf- She could not say what guidance was available to Members of Teaching Staff ./Prohibition_Order_Michael_Barrington_Taylor.pdf- in 1996/97 about relationships with former pupils. ./Prohibition_Order_Michael_Barrington_Taylor.pdf- ./Prohibition_Order_Michael_Barrington_Taylor.pdf- Mr Taylor’s dishonesty in his interviews with the Police made it very difficult to -- ./Prohibition_Order_Michael_Barrington_Taylor.pdf-We have now carefully considered the case before us and have reached a decision. ./Prohibition_Order_Michael_Barrington_Taylor.pdf- ./Prohibition_Order_Michael_Barrington_Taylor.pdf-We confirm that we have read all the documents provided in the bundle in advance ./Prohibition_Order_Michael_Barrington_Taylor.pdf-of the hearing. ./Prohibition_Order_Michael_Barrington_Taylor.pdf- ./Prohibition_Order_Michael_Barrington_Taylor.pdf-The case concerns an allegation of Unacceptable Professional Conduct against Mr ./Prohibition_Order_Michael_Barrington_Taylor.pdf-Taylor at a time when he was employed as a schoolteacher in Nottingham. ./Prohibition_Order_Michael_Barrington_Taylor.pdf- ./Prohibition_Order_Michael_Barrington_Taylor.pdf-In 2005 Pupil A – a female pupil who had attended a school where Mr Taylor was ./Prohibition_Order_Michael_Barrington_Taylor.pdf-Head of Science - made a number of witness statements to the Leicestershire Police ./Prohibition_Order_Michael_Barrington_Taylor.pdf:alleging that, whilst a pupil at the school, Mr Taylor had engaged in a sexual ./Prohibition_Order_Michael_Barrington_Taylor.pdf:relationship with her and that full sexual intercourse had taken place with her ./Prohibition_Order_Michael_Barrington_Taylor.pdf-consent. These allegations concerned events approximately 10 years earlier. In due ./Prohibition_Order_Michael_Barrington_Taylor.pdf-course as a consequence of these allegations Mr Taylor was arrested and ./Prohibition_Order_Michael_Barrington_Taylor.pdf-extensively interviewed under caution by Leicestershire Police. ./Prohibition_Order_Michael_Barrington_Taylor.pdf- ./Prohibition_Order_Michael_Barrington_Taylor.pdf-The records of the caution interviews indicate that he denied absolutely engaging in ./Prohibition_Order_Michael_Barrington_Taylor.pdf:a sexual relationship with Pupil A as alleged. Nonetheless Mr Taylor was charged ./Prohibition_Order_Michael_Barrington_Taylor.pdf:with a number of serious offences of indecent assault including sexual intercourse ./Prohibition_Order_Michael_Barrington_Taylor.pdf-with Pupil A and acts of gross indecency. He was tried on the indictment at ./Prohibition_Order_Michael_Barrington_Taylor.pdf-Leicester Crown Court in May 2007. ./Prohibition_Order_Michael_Barrington_Taylor.pdf- ./Prohibition_Order_Michael_Barrington_Taylor.pdf-At the close of the Prosecution case a submission of no case to answer was made to ./Prohibition_Order_Michael_Barrington_Taylor.pdf-the Judge by Defence Counsel. That submission was upheld and Mr Taylor was ./Prohibition_Order_Michael_Barrington_Taylor.pdf-discharged. In the course of the Judge’s ruling he indicated that he was satisfied ./Prohibition_Order_Michael_Barrington_Taylor.pdf-that Pupil A had committed perjury in relation to one aspect of her evidence and ./Prohibition_Order_Michael_Barrington_Taylor.pdf-noted that:- ./Prohibition_Order_Michael_Barrington_Taylor.pdf- -- ./Prohibition_Order_Michael_Barrington_Taylor.pdf- ./Prohibition_Order_Michael_Barrington_Taylor.pdf-He said that the Prosecution case on each count depended entirely upon the ./Prohibition_Order_Michael_Barrington_Taylor.pdf-credibility of the Pupil A and, being satisfied beyond reasonable doubt, that all the ./Prohibition_Order_Michael_Barrington_Taylor.pdf-elements of perjury were made out in relation to a part of her evidence he ruled that ./Prohibition_Order_Michael_Barrington_Taylor.pdf-any possible conviction of the Defendant on any of the counts on the indictment ./Prohibition_Order_Michael_Barrington_Taylor.pdf-would be unsafe and thus Mr Taylor was discharged. ./Prohibition_Order_Michael_Barrington_Taylor.pdf- ./Prohibition_Order_Michael_Barrington_Taylor.pdf-The Trial at the Crown Court represents the back drop to the case before this Panel. ./Prohibition_Order_Michael_Barrington_Taylor.pdf- ./Prohibition_Order_Michael_Barrington_Taylor.pdf-In this case Mr Taylor faces an allegation of Unacceptable Professional Conduct ./Prohibition_Order_Michael_Barrington_Taylor.pdf:based upon an alleged sexual relationship with Pupil A after she had left the School ./Prohibition_Order_Michael_Barrington_Taylor.pdf-which is said to have occurred between September 1996 and December 1997. ./Prohibition_Order_Michael_Barrington_Taylor.pdf- ./Prohibition_Order_Michael_Barrington_Taylor.pdf-The Teaching Agency’s evidence in relation to the specific allegation it brings is ./Prohibition_Order_Michael_Barrington_Taylor.pdf-based on an admission made in an Addendum to the Defence Case Statement, ./Prohibition_Order_Michael_Barrington_Taylor.pdf-lodged on behalf of Mr Taylor, in the course of the Crown Court proceedings referred ./Prohibition_Order_Michael_Barrington_Taylor.pdf-to above. ./Prohibition_Order_Michael_Barrington_Taylor.pdf- ./Prohibition_Order_Michael_Barrington_Taylor.pdf-In that Addendum it is said that Mr Taylor accepted that after Pupil A had left the ./Prohibition_Order_Michael_Barrington_Taylor.pdf:School and probably in late spring of 1997 they did have a brief sexual relationship ./Prohibition_Order_Michael_Barrington_Taylor.pdf-which lasted approximately two to three weeks and then ended by mutual ./Prohibition_Order_Michael_Barrington_Taylor.pdf:agreement. In it he said that at all times sexual intercourse took place at Pupil A’s ./Prohibition_Order_Michael_Barrington_Taylor.pdf-flat and did not occur elsewhere. The document makes clear that nothing of a ./Prohibition_Order_Michael_Barrington_Taylor.pdf:sexual nature had occurred before that time – namely while Pupil A was still at ./Prohibition_Order_Michael_Barrington_Taylor.pdf-school. ./Prohibition_Order_Michael_Barrington_Taylor.pdf- ./Prohibition_Order_Michael_Barrington_Taylor.pdf-Mr Taylor’s conduct was investigated by Witness B an Independent Social Work ./Prohibition_Order_Michael_Barrington_Taylor.pdf-Consultant and in the course of her investigation she met with Mr Taylor on 6 March ./Prohibition_Order_Michael_Barrington_Taylor.pdf-2008. ./Prohibition_Order_Michael_Barrington_Taylor.pdf- ./Prohibition_Order_Michael_Barrington_Taylor.pdf-In the course of that meeting Witness B says that Mr Taylor affirmed the admissions ./Prohibition_Order_Michael_Barrington_Taylor.pdf:that he had engaged in a sexual relationship which commenced in spring 2007 after ./Prohibition_Order_Michael_Barrington_Taylor.pdf-Pupil A had ceased to be a pupil at his School. He explained the nature of the ./Prohibition_Order_Michael_Barrington_Taylor.pdf-relationship and how it had commenced. At the time Mr Taylor would have been 35 ./Prohibition_Order_Michael_Barrington_Taylor.pdf-years of age and Pupil A was over 16. ./Prohibition_Order_Michael_Barrington_Taylor.pdf- ./Prohibition_Order_Michael_Barrington_Taylor.pdf-At the time of Witness B’s investigation attempts were made to contact Pupil A who ./Prohibition_Order_Michael_Barrington_Taylor.pdf-by then was living abroad but no response was ever received from her. ./Prohibition_Order_Michael_Barrington_Taylor.pdf- ./Prohibition_Order_Michael_Barrington_Taylor.pdf-The case papers contain no representations or documents whatsoever from Mr ./Prohibition_Order_Michael_Barrington_Taylor.pdf-Taylor himself. ./Prohibition_Order_Michael_Barrington_Taylor.pdf- -- ./Prohibition_Order_Michael_Barrington_Taylor.pdf- 6 ./Prohibition_Order_Michael_Barrington_Taylor.pdf- ./Prohibition_Order_Michael_Barrington_Taylor.pdf- ./Prohibition_Order_Michael_Barrington_Taylor.pdf-We have found the following particulars of the allegation against Michael Barrington ./Prohibition_Order_Michael_Barrington_Taylor.pdf-Taylor proved, for these reasons:- ./Prohibition_Order_Michael_Barrington_Taylor.pdf- ./Prohibition_Order_Michael_Barrington_Taylor.pdf-1. Whilst employed at Greenwood Dale School, Nottingham, between ./Prohibition_Order_Michael_Barrington_Taylor.pdf- September 1996 and December 1997 he:- ./Prohibition_Order_Michael_Barrington_Taylor.pdf- ./Prohibition_Order_Michael_Barrington_Taylor.pdf: a. Had a sexual relationship with a former Pupil A after she had left the ./Prohibition_Order_Michael_Barrington_Taylor.pdf- roll of students at Soar Valley Community College, Leicester at which ./Prohibition_Order_Michael_Barrington_Taylor.pdf- he was employed between January 1989 and August 1996. ./Prohibition_Order_Michael_Barrington_Taylor.pdf- ./Prohibition_Order_Michael_Barrington_Taylor.pdf-And our reasons are that we have heard and accepted the evidence given to the ./Prohibition_Order_Michael_Barrington_Taylor.pdf-Panel by Witness B. She investigated this allegation and gave evidence that Mr ./Prohibition_Order_Michael_Barrington_Taylor.pdf-Taylor admitted to her at a meeting on 6 March 2008 that he had engaged in a ./Prohibition_Order_Michael_Barrington_Taylor.pdf:sexual relationship with Pupil A which commenced in spring 1997 after she had ./Prohibition_Order_Michael_Barrington_Taylor.pdf-ceased to be a pupil at his School. Those admissions confirmed the details ./Prohibition_Order_Michael_Barrington_Taylor.pdf-contained in the Addendum to his Defence Case Statement which is exhibited in the ./Prohibition_Order_Michael_Barrington_Taylor.pdf-case papers and was prepared in advance of his Trial on other matters at Leicester ./Prohibition_Order_Michael_Barrington_Taylor.pdf-Crown Court in May 2007. We take the view, in particular, that the addendum to Mr ./Prohibition_Order_Michael_Barrington_Taylor.pdf-Taylor’s defence case statement where he makes the admission is a document ./Prohibition_Order_Michael_Barrington_Taylor.pdf-which – in view of its importance to the trial hearing that he faced – would have been ./Prohibition_Order_Michael_Barrington_Taylor.pdf-prepared with great care. We thus feel able to rely upon the admission contained in it ./Prohibition_Order_Michael_Barrington_Taylor.pdf-which – in any event – on Witness B’s evidence was reaffirmed by Mr Taylor when ./Prohibition_Order_Michael_Barrington_Taylor.pdf-she interviewed him in 2008. ./Prohibition_Order_Michael_Barrington_Taylor.pdf- ./Prohibition_Order_Michael_Barrington_Taylor.pdf-We place no reliance whatsoever on the other allegations which were tried before ./Prohibition_Order_Michael_Barrington_Taylor.pdf-His Honour Judge Morrell in May 2007. Those charges were dismissed at the close ./Prohibition_Order_Michael_Barrington_Taylor.pdf-of the Prosecution evidence because the Judge decided that Pupil A had given ./Prohibition_Order_Michael_Barrington_Taylor.pdf:perjured evidence and that her claims to have been involved in a sexual relationship ./Prohibition_Order_Michael_Barrington_Taylor.pdf-with Mr Taylor while still at his School were unreliable and unsubstantiated by other ./Prohibition_Order_Michael_Barrington_Taylor.pdf-evidence relied upon by the Prosecution. ./Prohibition_Order_Michael_Barrington_Taylor.pdf- ./Prohibition_Order_Michael_Barrington_Taylor.pdf-We therefore wish to make it very clear that our finding of fact in this case is specific ./Prohibition_Order_Michael_Barrington_Taylor.pdf-to the details of the allegation as brought by the Teaching Agency and is based ./Prohibition_Order_Michael_Barrington_Taylor.pdf-solely on the admissions made by Mr Taylor as indicated. ./Prohibition_Order_Michael_Barrington_Taylor.pdf- ./Prohibition_Order_Michael_Barrington_Taylor.pdf- ./Prohibition_Order_Michael_Barrington_Taylor.pdf-Findings as to Unacceptable Professional Conduct ./Prohibition_Order_Michael_Barrington_Taylor.pdf- -- ./Prohibition_Order_Michael_Barrington_Taylor.pdf-in this case. ./Prohibition_Order_Michael_Barrington_Taylor.pdf-We are, however, satisfied that even in 1996/7 Mr Taylor’s involvement with his ./Prohibition_Order_Michael_Barrington_Taylor.pdf-former pupil would have been regarded with anxiety by members of the public ./Prohibition_Order_Michael_Barrington_Taylor.pdf-and that a Prohibition Order is required for the maintenance of public ./Prohibition_Order_Michael_Barrington_Taylor.pdf-confidence in the profession and to declare and uphold proper standards of ./Prohibition_Order_Michael_Barrington_Taylor.pdf-conduct. We believe that Mr Taylor behaved inappropriately. Indeed he seems ./Prohibition_Order_Michael_Barrington_Taylor.pdf-to concede in his addendum to the Defence Case Statement that he was ./Prohibition_Order_Michael_Barrington_Taylor.pdf-conscious of its likely impact on his professional standing where he ./Prohibition_Order_Michael_Barrington_Taylor.pdf-comments at paragraph 11 – “he was aware that any relationship with a former ./Prohibition_Order_Michael_Barrington_Taylor.pdf-pupil would undoubtedly bring his career to an end.” (p368). ./Prohibition_Order_Michael_Barrington_Taylor.pdf:We believe therefore that Mr Taylor knew his conduct in engaging in the sexual ./Prohibition_Order_Michael_Barrington_Taylor.pdf-liaison with Pupil A was seriously wrong and inconsistent with the standards ./Prohibition_Order_Michael_Barrington_Taylor.pdf-that applied to his professional position. ./Prohibition_Order_Michael_Barrington_Taylor.pdf- ./prohibition_order_miss_hannah_bryan.pdf-view of the panel that was a correct admission. Miss Bryan was in breach of the ./prohibition_order_miss_hannah_bryan.pdf-Code of Conduct and Practice for Registered Teachers effective from 1st November ./prohibition_order_miss_hannah_bryan.pdf-2004. She failed to comply with relevant statutory provisions which support the ./prohibition_order_miss_hannah_bryan.pdf-wellbeing of pupils. She brought the reputation and standing of the profession into ./prohibition_order_miss_hannah_bryan.pdf-serious disrepute. She did not follow the school’s policies and procedures relating to ./prohibition_order_miss_hannah_bryan.pdf-the protection of children and young persons and the relationships between staff and ./prohibition_order_miss_hannah_bryan.pdf-pupils. ./prohibition_order_miss_hannah_bryan.pdf- ./prohibition_order_miss_hannah_bryan.pdf-Panel’s Recommendation to the Secretary of State ./prohibition_order_miss_hannah_bryan.pdf- ./prohibition_order_miss_hannah_bryan.pdf:The panel’s starting point in considering Miss Bryan’s case is that sexual activity ./prohibition_order_miss_hannah_bryan.pdf-between a teacher and a pupil, albeit it a pupil aged 17, is entirely unacceptable. It ./prohibition_order_miss_hannah_bryan.pdf:is an abuse of trust. The sexual activity in this case on 14th May 2009 involved ./prohibition_order_miss_hannah_bryan.pdf:sexual intercourse. It took place in Miss Bryan’s home. Thereafter there was an ./prohibition_order_miss_hannah_bryan.pdf-exchange of e-mails which did not disclose any sense of disquiet or regret on the ./prohibition_order_miss_hannah_bryan.pdf-part of either Pupil A or, more particularly, on the part of Miss Bryan. The matter ./prohibition_order_miss_hannah_bryan.pdf-only came to light when the girlfriend of Pupil A passed information onto her ./prohibition_order_miss_hannah_bryan.pdf-therapist, who reported the matter to the local authority. ./prohibition_order_miss_hannah_bryan.pdf- ./prohibition_order_miss_hannah_bryan.pdf-The panel noted the points in mitigation submitted by Miss Bryan. She commenced ./prohibition_order_miss_hannah_bryan.pdf-teaching in November 2002. She had reached the top of the normal pay scale and ./prohibition_order_miss_hannah_bryan.pdf-successfully applied to be placed on the Upper Pay Scale. There was no history of ./prohibition_order_miss_hannah_bryan.pdf- -- ./prohibition_order_miss_hannah_bryan.pdf- 4 ./prohibition_order_miss_hannah_bryan.pdf- ./prohibition_order_miss_hannah_bryan.pdf- ./prohibition_order_miss_hannah_bryan.pdf-untoward matters. She organised an annual ski trip for Year 9 pupils. Ian Carter, ./prohibition_order_miss_hannah_bryan.pdf-the Headmaster of Poole Grammar School, noted that Miss Bryan had a good ./prohibition_order_miss_hannah_bryan.pdf-relationship with pupils. The matters complained of constituted an isolated incident. ./prohibition_order_miss_hannah_bryan.pdf- ./prohibition_order_miss_hannah_bryan.pdf:As to the incident of sexual activity, Miss Bryan explained that Pupil A had come ./prohibition_order_miss_hannah_bryan.pdf-round to her flat on two occasions, the latter occasion to collect essays. It was on ./prohibition_order_miss_hannah_bryan.pdf-the second occasion that she says the incident resulting in the caution happened. ./prohibition_order_miss_hannah_bryan.pdf-She stated that this was a completely unpremeditated moment which she deeply ./prohibition_order_miss_hannah_bryan.pdf-regrets. She stated that she was under extreme stress, tired and feared for her job. ./prohibition_order_miss_hannah_bryan.pdf-She stated that her emotions were “clearly overwhelming” her and she was ./prohibition_order_miss_hannah_bryan.pdf-vulnerable. She fully accepts her responsibility, but she adds that she did not apply ./prohibition_order_miss_hannah_bryan.pdf-any persuasion or pressure on the student. Pupil A did not make the complaint. The ./prohibition_order_miss_hannah_bryan.pdf-referral to the ISA states that neither Pupil A nor his mother considers Pupil A to ./prohibition_order_miss_hannah_bryan.pdf-have been a victim of a crime. ./prohibition_order_miss_hannah_bryan.pdf- -- ./prohibition_order_miss_hannah_bryan.pdf-to be set aside. The minimum period is two years. ./prohibition_order_miss_hannah_bryan.pdf- ./prohibition_order_miss_hannah_bryan.pdf-The panel has decided that it should recommend a two year period. This was by no ./prohibition_order_miss_hannah_bryan.pdf-means at the higher end of cases of this nature. The endorsement of Miss Bryan as ./prohibition_order_miss_hannah_bryan.pdf-a teacher by the Head Teacher of the school both in terms of his observation as to ./prohibition_order_miss_hannah_bryan.pdf-her conduct with pupils and by her reaching the upper pay scale has weighed with ./prohibition_order_miss_hannah_bryan.pdf-the panel not only towards clemency but in accepting her version of the incident. ./prohibition_order_miss_hannah_bryan.pdf- ./prohibition_order_miss_hannah_bryan.pdf-There is no contrary version from Pupil A. The panel does not find that any harm ./prohibition_order_miss_hannah_bryan.pdf-came to Pupil A. This was not a case of grooming, duress on the part of Miss Bryan ./prohibition_order_miss_hannah_bryan.pdf:or of a prolonged sexual relationship. The panel accepts that at the time of the ./prohibition_order_miss_hannah_bryan.pdf-incident, she was subject to stress. It recognises that the emails on the 2 days after ./prohibition_order_miss_hannah_bryan.pdf-the encounter do not assist her case, but they were limited in duration to that period. ./prohibition_order_miss_hannah_bryan.pdf-The Head Teacher’s observations have caused the panel to take the view that Miss ./prohibition_order_miss_hannah_bryan.pdf-Bryan could have a future in teaching. ./prohibition_order_miss_hannah_bryan.pdf- ./prohibition_order_mrashley_stuart_farquharson.pdf-B. Allegations ./prohibition_order_mrashley_stuart_farquharson.pdf-The Panel considered the allegation set out in the Notice of Meeting of 3 October 2013. ./prohibition_order_mrashley_stuart_farquharson.pdf- ./prohibition_order_mrashley_stuart_farquharson.pdf-This alleged that Mr Farquharson was guilty of unacceptable professional conduct/ ./prohibition_order_mrashley_stuart_farquharson.pdf-conduct that may bring the profession into disrepute, in that whilst employed at Denefield ./prohibition_order_mrashley_stuart_farquharson.pdf-School, Reading, he developed an inappropriate relationship with Student A and ./prohibition_order_mrashley_stuart_farquharson.pdf:engaged in sexual intercourse with her and that in doing so, he failed to maintain the ./prohibition_order_mrashley_stuart_farquharson.pdf-proper professional boundaries expected of a teacher. ./prohibition_order_mrashley_stuart_farquharson.pdf- ./prohibition_order_mrashley_stuart_farquharson.pdf-Mr Farquharson admitted the facts of the allegations and further confirmed that the ./prohibition_order_mrashley_stuart_farquharson.pdf-admitted facts amounted to unacceptable professional conduct and conduct that may ./prohibition_order_mrashley_stuart_farquharson.pdf-bring the profession into disrepute. ./prohibition_order_mrashley_stuart_farquharson.pdf- ./prohibition_order_mrashley_stuart_farquharson.pdf- ./prohibition_order_mrashley_stuart_farquharson.pdf-C. Preliminary applications ./prohibition_order_mrashley_stuart_farquharson.pdf-There were no preliminary applications. ./prohibition_order_mrashley_stuart_farquharson.pdf- -- ./prohibition_order_mrashley_stuart_farquharson.pdf- ./prohibition_order_mrashley_stuart_farquharson.pdf-Findings of Fact ./prohibition_order_mrashley_stuart_farquharson.pdf-Our findings of fact are as follows: ./prohibition_order_mrashley_stuart_farquharson.pdf- ./prohibition_order_mrashley_stuart_farquharson.pdf-We have found the following particulars of the allegation against Mr Farquharson proven, ./prohibition_order_mrashley_stuart_farquharson.pdf-for these reasons: ./prohibition_order_mrashley_stuart_farquharson.pdf- ./prohibition_order_mrashley_stuart_farquharson.pdf- ./prohibition_order_mrashley_stuart_farquharson.pdf-1 Whilst employed at Denefield School, Reading, Mr Farquharson ./prohibition_order_mrashley_stuart_farquharson.pdf-developed an inappropriate relationship with Student A and engaged in ./prohibition_order_mrashley_stuart_farquharson.pdf:sexual intercourse with her. In doing so, he failed to maintain the ./prohibition_order_mrashley_stuart_farquharson.pdf-proper professional boundaries expected of a teacher. ./prohibition_order_mrashley_stuart_farquharson.pdf-On 20 August 2013, Mr Farquharson returned a Notice of Referral Form admitting the ./prohibition_order_mrashley_stuart_farquharson.pdf-allegations set out in the Notice of Referral. He further confirmed that the admitted facts ./prohibition_order_mrashley_stuart_farquharson.pdf-amounted to unacceptable professional conduct and/ or conduct that may bring the ./prohibition_order_mrashley_stuart_farquharson.pdf-profession into disrepute. He requested that the allegations be considered without a ./prohibition_order_mrashley_stuart_farquharson.pdf-hearing. That request was granted and confirmed by letter from the National College ./prohibition_order_mrashley_stuart_farquharson.pdf-dated 3 October 2013. ./prohibition_order_mrashley_stuart_farquharson.pdf- ./prohibition_order_mrashley_stuart_farquharson.pdf-The Panel have in their hearing bundle at pages 10 – 12 a Statement of Agreed Facts ./prohibition_order_mrashley_stuart_farquharson.pdf-signed by Mr Farquharson on the 20 September 2013 and by the Presenting Officer on ./prohibition_order_mrashley_stuart_farquharson.pdf-25 September 2013. ./prohibition_order_mrashley_stuart_farquharson.pdf- ./prohibition_order_mrashley_stuart_farquharson.pdf-The Statement of Agreed Facts confirmed that Student A was a vulnerable student who ./prohibition_order_mrashley_stuart_farquharson.pdf-was at risk of self harm. In December 2011 Mr Farquharson received an email from ./prohibition_order_mrashley_stuart_farquharson.pdf-Student A in which she told him that she had feelings for him. He reported this to the ./prohibition_order_mrashley_stuart_farquharson.pdf-school and was advised that he should not provide pastoral support to Student A and that ./prohibition_order_mrashley_stuart_farquharson.pdf-any academic work should be done publicly. In December 2012, Mr Farquharson ./prohibition_order_mrashley_stuart_farquharson.pdf-happened to meet Student A whilst he was out in the town centre. They had a ./prohibition_order_mrashley_stuart_farquharson.pdf-conversation and subsequently developed a personal relationship,. Mr Farquharson met ./prohibition_order_mrashley_stuart_farquharson.pdf:with Student A to go out in his car. Mr Farquharson accepts that he had sexual ./prohibition_order_mrashley_stuart_farquharson.pdf-intercourse with Student A on around 6 occasions between January 2013 and the ./prohibition_order_mrashley_stuart_farquharson.pdf-beginning of March 2013. ./prohibition_order_mrashley_stuart_farquharson.pdf- ./prohibition_order_mrashley_stuart_farquharson.pdf- 5 ./prohibition_order_mrashley_stuart_farquharson.pdf- -- ./prohibition_order_mrashley_stuart_farquharson.pdf-to have a punitive effect. ./prohibition_order_mrashley_stuart_farquharson.pdf- ./prohibition_order_mrashley_stuart_farquharson.pdf-The Panel has examined the particular public interest considerations set out in the ./prohibition_order_mrashley_stuart_farquharson.pdf-Teacher Misconduct – Prohibition of Teachers Advice and having done so has found a ./prohibition_order_mrashley_stuart_farquharson.pdf-number of them to be relevant in this case, namely ./prohibition_order_mrashley_stuart_farquharson.pdf- ./prohibition_order_mrashley_stuart_farquharson.pdf-  the protection of children ./prohibition_order_mrashley_stuart_farquharson.pdf-  the maintenance of public confidence in the profession ./prohibition_order_mrashley_stuart_farquharson.pdf-  declaring and upholding proper standards of conduct. ./prohibition_order_mrashley_stuart_farquharson.pdf-In light of the Panel’s findings against Mr Farquharson, which involved serious findings of ./prohibition_order_mrashley_stuart_farquharson.pdf:having a sexual relationship with a vulnerable student, there is a strong public interest ./prohibition_order_mrashley_stuart_farquharson.pdf-consideration in respect of the protection of children. ./prohibition_order_mrashley_stuart_farquharson.pdf- ./prohibition_order_mrashley_stuart_farquharson.pdf-The Panel found that Mr Farquharson’s conduct is outside that which can be tolerated. ./prohibition_order_mrashley_stuart_farquharson.pdf- ./prohibition_order_mrashley_stuart_farquharson.pdf-The Panel considers that public confidence in the profession could be seriously ./prohibition_order_mrashley_stuart_farquharson.pdf-weakened if conduct such as that found against Mr Farquharson is not treated with the ./prohibition_order_mrashley_stuart_farquharson.pdf-utmost seriousness when regulating the conduct of the profession. ./prohibition_order_mrashley_stuart_farquharson.pdf- ./prohibition_order_mrashley_stuart_farquharson.pdf-Proportionality ./prohibition_order_mrashley_stuart_farquharson.pdf- -- ./prohibition_order_mrashley_stuart_farquharson.pdf-Secretary of State that a Prohibition Order should be imposed with immediate effect. ./prohibition_order_mrashley_stuart_farquharson.pdf- ./prohibition_order_mrashley_stuart_farquharson.pdf-The Panel was mindful that the Teacher Misconduct – Prohibition of Teachers Guidance ./prohibition_order_mrashley_stuart_farquharson.pdf-advises that a Prohibition Order applies for life, but there may be circumstances in any ./prohibition_order_mrashley_stuart_farquharson.pdf-given case that may make it appropriate to allow a teacher to apply to have the ./prohibition_order_mrashley_stuart_farquharson.pdf-prohibition order reviewed after a specified period of time that may not be less than two ./prohibition_order_mrashley_stuart_farquharson.pdf-years. ./prohibition_order_mrashley_stuart_farquharson.pdf- ./prohibition_order_mrashley_stuart_farquharson.pdf-The Teacher Misconduct – Prohibition of Teachers Advice indicates that there are ./prohibition_order_mrashley_stuart_farquharson.pdf-behaviours that, if proven, would militate against a review period being recommended. ./prohibition_order_mrashley_stuart_farquharson.pdf:One of these behaviours include serious sexual misconduct. The panel considers this to ./prohibition_order_mrashley_stuart_farquharson.pdf- ./prohibition_order_mrashley_stuart_farquharson.pdf- ./prohibition_order_mrashley_stuart_farquharson.pdf- 8 ./prohibition_order_mrashley_stuart_farquharson.pdf- -- ./prohibition_order_mrashley_stuart_farquharson.pdf:be a serious case of sexual misconduct with a vulnerable pupil. The need for protection ./prohibition_order_mrashley_stuart_farquharson.pdf-of pupils in the future indicates a situation in which a review period would not be ./prohibition_order_mrashley_stuart_farquharson.pdf-appropriate. As such, it has decided that it would be proportionate in all the ./prohibition_order_mrashley_stuart_farquharson.pdf-circumstances for the Prohibition Order to be recommended without provision for a ./prohibition_order_mrashley_stuart_farquharson.pdf-review period. ./prohibition_order_mrashley_stuart_farquharson.pdf- ./prohibition_order_mrashley_stuart_farquharson.pdf- ./prohibition_order_mrashley_stuart_farquharson.pdf-Decision and reasons on behalf of the Secretary of ./prohibition_order_mrashley_stuart_farquharson.pdf-State ./prohibition_order_mrashley_stuart_farquharson.pdf-I have considered the panel’s findings and recommendations. The facts have been ./prohibition_order_mrashley_stuart_farquharson.pdf-found and indeed Mr Farquharson has agreed those facts. Those facts amount to ./prohibition_order_mrashley_stuart_farquharson.pdf-unacceptable professional conduct and conduct that may bring the profession into ./prohibition_order_mrashley_stuart_farquharson.pdf-disrepute. ./prohibition_order_mrashley_stuart_farquharson.pdf- ./prohibition_order_mrashley_stuart_farquharson.pdf:This case involves serious findings of Mr Farquharson having a sexual ./prohibition_order_mrashley_stuart_farquharson.pdf-relationship with a vulnerable student. Such behaviour could seriously weaken ./prohibition_order_mrashley_stuart_farquharson.pdf-public confidence in the profession. Whilst the panel noted Mr Farquharson’s ./prohibition_order_mrashley_stuart_farquharson.pdf-previous good character, it was concerned with the lack of insight and remorse ./prohibition_order_mrashley_stuart_farquharson.pdf-shown. ./prohibition_order_mrashley_stuart_farquharson.pdf- ./prohibition_order_mrashley_stuart_farquharson.pdf-In all the circumstances I agree that a prohibition order without the provision for a ./prohibition_order_mrashley_stuart_farquharson.pdf-review period is both appropriate and proportionate. ./prohibition_order_mrashley_stuart_farquharson.pdf- ./prohibition_order_mrashley_stuart_farquharson.pdf-This means that Mr Ashley Stuart Farquharson is prohibited from teaching indefinitely ./prohibition_order_mrashley_stuart_farquharson.pdf-and cannot teach in any school, sixth form college, relevant youth accommodation or ./Prohibition_order_Mrs_Assumpta_Nwachukwu.pdf-protection training at her school. The Panel do not accept her submission that the ./Prohibition_order_Mrs_Assumpta_Nwachukwu.pdf-school failed to provide appropriate training; the disclosure made by Child A's mother ./Prohibition_order_Mrs_Assumpta_Nwachukwu.pdf-should have caused Mrs Nwachukwu to report the allegation to a responsible ./Prohibition_order_Mrs_Assumpta_Nwachukwu.pdf-authority for investigation. ./Prohibition_order_Mrs_Assumpta_Nwachukwu.pdf- ./Prohibition_order_Mrs_Assumpta_Nwachukwu.pdf-The Panel further finds that leaving Child A (a child of seven years of age) in the ./Prohibition_order_Mrs_Assumpta_Nwachukwu.pdf-house on 14 May 2011 was an act that left Child A in a vulnerable position. Child A, ./Prohibition_order_Mrs_Assumpta_Nwachukwu.pdf-having made the disclosures, would have been aware that they had been shared ./Prohibition_order_Mrs_Assumpta_Nwachukwu.pdf-with her stepfather, and may have had justifiable concerns for her own safety. ./Prohibition_order_Mrs_Assumpta_Nwachukwu.pdf- ./Prohibition_order_Mrs_Assumpta_Nwachukwu.pdf:By telling Child A not to tell the police the truth about the sexual assault by Mr B, Mrs ./Prohibition_order_Mrs_Assumpta_Nwachukwu.pdf-Nwachukwu committed a serious error of judgement. ./Prohibition_order_Mrs_Assumpta_Nwachukwu.pdf- ./Prohibition_order_Mrs_Assumpta_Nwachukwu.pdf-The Panel, having regard to all of these matters, finds that Mrs Nwachukwu's ./Prohibition_order_Mrs_Assumpta_Nwachukwu.pdf-conduct was such as to may bring the profession into disrepute. Members of the ./Prohibition_order_Mrs_Assumpta_Nwachukwu.pdf-public would expect teachers to uphold public trust in the profession and maintain ./Prohibition_order_Mrs_Assumpta_Nwachukwu.pdf-high standards of ethics and behaviour, within and outside school. Teachers should ./Prohibition_order_Mrs_Assumpta_Nwachukwu.pdf-at all times have regard for the need to safeguard pupils' well-being. ./Prohibition_order_Mrs_Assumpta_Nwachukwu.pdf- ./Prohibition_order_Mrs_Assumpta_Nwachukwu.pdf-Accordingly, the Panel is satisfied that Assumpta Nwachukwu is guilty of Conduct ./Prohibition_order_Mrs_Assumpta_Nwachukwu.pdf-that may bring the profession into disrepute -- ./Prohibition_order_Mrs_Assumpta_Nwachukwu.pdf-Mrs Nwachukwu failed to report to the responsible authority's information gained by ./Prohibition_order_Mrs_Assumpta_Nwachukwu.pdf-her on the 14 May 2011 and subsequently, thus leaving a child of 7 years in a ./Prohibition_order_Mrs_Assumpta_Nwachukwu.pdf-vulnerable position for a period that was longer than necessary. It is a worrying ./Prohibition_order_Mrs_Assumpta_Nwachukwu.pdf-feature of this case that Child A having made disclosures in the presence of both her ./Prohibition_order_Mrs_Assumpta_Nwachukwu.pdf-Mother and her Aunt, found herself in a position where it was Child A who was the ./Prohibition_order_Mrs_Assumpta_Nwachukwu.pdf-person who reported the abuse to a teacher at her school some three days later. ./Prohibition_order_Mrs_Assumpta_Nwachukwu.pdf-These matters of concern are compounded in relation to the public interest when Mrs ./Prohibition_order_Mrs_Assumpta_Nwachukwu.pdf-Nwachukwu told Child A not to tell the police about the events of 14 May, conduct ./Prohibition_order_Mrs_Assumpta_Nwachukwu.pdf-that must have had a considerable impact on a child of 7. Child A was vulnerable ./Prohibition_order_Mrs_Assumpta_Nwachukwu.pdf-and seeking help and protection from an abusing step father who had committed a ./Prohibition_order_Mrs_Assumpta_Nwachukwu.pdf:very serious sexual assault upon her. Mrs Nwachukwu appears to have no ./Prohibition_order_Mrs_Assumpta_Nwachukwu.pdf-understanding of the impact of her actions upon Child A, and the Panel consider that ./Prohibition_order_Mrs_Assumpta_Nwachukwu.pdf- ./Prohibition_order_Mrs_Linda_Harvey.pdf- e. Failed to take appropriate action when she received: ./Prohibition_order_Mrs_Linda_Harvey.pdf- ./Prohibition_order_Mrs_Linda_Harvey.pdf- (i) Personal/private messages on Facebook from Pupil A ./Prohibition_order_Mrs_Linda_Harvey.pdf- ./Prohibition_order_Mrs_Linda_Harvey.pdf- (ii) Personal text messages from Pupil A ./Prohibition_order_Mrs_Linda_Harvey.pdf- ./Prohibition_order_Mrs_Linda_Harvey.pdf- f. Offered to pick Pupil A up from Harrogate ./Prohibition_order_Mrs_Linda_Harvey.pdf- ./Prohibition_order_Mrs_Linda_Harvey.pdf- g. Invited Pupil A to visit her home address ./Prohibition_order_Mrs_Linda_Harvey.pdf- ./Prohibition_order_Mrs_Linda_Harvey.pdf:2. Her actions set out at 1(a) (iv) above were sexually motivated. ./Prohibition_order_Mrs_Linda_Harvey.pdf- ./Prohibition_order_Mrs_Linda_Harvey.pdf-Mrs Harvey admitted the facts alleged in particulars 1a i, ii and iv, b, c, d and e i and ii ./Prohibition_order_Mrs_Linda_Harvey.pdf-and f and admitted that she failed to maintain appropriate professional boundaries with ./Prohibition_order_Mrs_Linda_Harvey.pdf-Pupil A. The facts alleged in 1a iii, and g and 2 were not admitted. No admissions were ./Prohibition_order_Mrs_Linda_Harvey.pdf-made as to unacceptable professional conduct or conduct that may bring the profession ./Prohibition_order_Mrs_Linda_Harvey.pdf-into disrepute. ./Prohibition_order_Mrs_Linda_Harvey.pdf- ./Prohibition_order_Mrs_Linda_Harvey.pdf- ./Prohibition_order_Mrs_Linda_Harvey.pdf- 4 ./Prohibition_order_Mrs_Linda_Harvey.pdf- -- ./Prohibition_order_Mrs_Linda_Harvey.pdf- proved. ./Prohibition_order_Mrs_Linda_Harvey.pdf- ./Prohibition_order_Mrs_Linda_Harvey.pdf-Through her representative, Mrs Harvey admits that her actions involved a failure to ./Prohibition_order_Mrs_Linda_Harvey.pdf-maintain appropriate professional boundaries. The Panel is satisfied that in acting as ./Prohibition_order_Mrs_Linda_Harvey.pdf-admitted and/or found proved, Mrs Harvey failed to maintain appropriate professional ./Prohibition_order_Mrs_Linda_Harvey.pdf-boundaries. She continued an ongoing dialogue via text and Facebook with a 16 year old ./Prohibition_order_Mrs_Linda_Harvey.pdf-former pupil, during which she exchanged personal information and pictures, including an ./Prohibition_order_Mrs_Linda_Harvey.pdf-indecent image of herself. She failed to report the communications to the school, thereby ./Prohibition_order_Mrs_Linda_Harvey.pdf-breaching school policy and practice as outlined in the school’s safeguarding training. ./Prohibition_order_Mrs_Linda_Harvey.pdf- ./Prohibition_order_Mrs_Linda_Harvey.pdf:2. Her actions set out at 1(a) (iv) above were sexually motivated. ./Prohibition_order_Mrs_Linda_Harvey.pdf- ./Prohibition_order_Mrs_Linda_Harvey.pdf:Mrs Harvey denies that her actions in sending the indecent image were sexually ./Prohibition_order_Mrs_Linda_Harvey.pdf-motivated. Mrs Harvey stated in her interview that Pupil A sent her two or three picture ./Prohibition_order_Mrs_Linda_Harvey.pdf-messages that were explicit. Pupil A confirmed this in his oral evidence. ./Prohibition_order_Mrs_Linda_Harvey.pdf- ./Prohibition_order_Mrs_Linda_Harvey.pdf-There was evidence presented of a flirtatious conversation that took place in August ./Prohibition_order_Mrs_Linda_Harvey.pdf-2012. However, there was no evidence presented of a continuing exchange of this ./Prohibition_order_Mrs_Linda_Harvey.pdf- ./Prohibition_order_Mrs_Linda_Harvey.pdf- ./Prohibition_order_Mrs_Linda_Harvey.pdf- 8 ./Prohibition_order_Mrs_Linda_Harvey.pdf- -- ./Prohibition_order_Mrs_Linda_Harvey.pdf-nature. Moreover, the evidence presented suggested Pupil A was the instigator of the ./Prohibition_order_Mrs_Linda_Harvey.pdf-flirtatious messages, which Mrs Harvey made limited attempts to rebuff over a period of a ./Prohibition_order_Mrs_Linda_Harvey.pdf-few days. ./Prohibition_order_Mrs_Linda_Harvey.pdf- ./Prohibition_order_Mrs_Linda_Harvey.pdf-The image sent by Mrs Harvey was sent in or around November 2012 and in the view of ./Prohibition_order_Mrs_Linda_Harvey.pdf:the Panel was of a sexual nature. However, in light of the texts/ Facebook messages ./Prohibition_order_Mrs_Linda_Harvey.pdf-presented to the Panel sent at that time, the Panel do not feel that the sending of the ./Prohibition_order_Mrs_Linda_Harvey.pdf:image was sexually motivated. Therefore, we find the facts not proved. ./Prohibition_order_Mrs_Linda_Harvey.pdf- ./Prohibition_order_Mrs_Linda_Harvey.pdf-Findings as to unacceptable professional conduct and/or ./Prohibition_order_Mrs_Linda_Harvey.pdf-conduct that may bring the profession into disrepute ./Prohibition_order_Mrs_Linda_Harvey.pdf-The Panel is satisfied that Mrs Harvey breached the Personal and Professional Conduct ./Prohibition_order_Mrs_Linda_Harvey.pdf-elements of the Teachers’ Standards. Mrs Harvey failed to uphold public trust and ./Prohibition_order_Mrs_Linda_Harvey.pdf-confidence in the profession and maintain high standards of ethics and behaviour within ./Prohibition_order_Mrs_Linda_Harvey.pdf-and outside school in that she did not: ./Prohibition_order_Mrs_Linda_Harvey.pdf- ./Prohibition_order_Mrs_Linda_Harvey.pdf- • treat Pupil A with dignity or build a relationship with him rooted in mutual respect ./Prohibition_order_Mrs_Linda_Harvey.pdf- and at all times observe proper boundaries appropriate to a teacher’s professional -- ./Prohibition_order_Mrs_Linda_Harvey.pdf-- her actions were a serious departure from the personal and professional conduct ./Prohibition_order_Mrs_Linda_Harvey.pdf- elements of the Teachers’ Standards; ./Prohibition_order_Mrs_Linda_Harvey.pdf- ./Prohibition_order_Mrs_Linda_Harvey.pdf-- her actions were an abuse of position of trust. Mrs Harvey used her position as Pupil ./Prohibition_order_Mrs_Linda_Harvey.pdf- A’s teacher to develop an inappropriate relationship. This impacted on Pupil A’s ./Prohibition_order_Mrs_Linda_Harvey.pdf- sibling and other students who viewed the inappropriate communications and ./Prohibition_order_Mrs_Linda_Harvey.pdf- indecent image that had been disclosed to them by Pupil A. ./Prohibition_order_Mrs_Linda_Harvey.pdf- ./Prohibition_order_Mrs_Linda_Harvey.pdf:- we consider that the sending of the indecent image amounts to sexual misconduct on ./Prohibition_order_Mrs_Linda_Harvey.pdf: the basis that it was of a sexual nature, but we consider it not to be sexually ./Prohibition_order_Mrs_Linda_Harvey.pdf- motivated. We accept that the sending of this image was an isolated event and not ./Prohibition_order_Mrs_Linda_Harvey.pdf- with the intention of developing an intimate relationship with Pupil A. However, the ./Prohibition_order_Mrs_Linda_Harvey.pdf- Panel believe this action was an abuse of Mrs Harvey’s professional position, despite ./Prohibition_order_Mrs_Linda_Harvey.pdf- the fact that the sending of the image and exchange of messages all occurred after ./Prohibition_order_Mrs_Linda_Harvey.pdf- Pupil A had left the school and that Pupil A sent the flirtatious messages, which Mrs ./Prohibition_order_Mrs_Linda_Harvey.pdf- Harvey did not take appropriate steps to stop. ./Prohibition_order_Mrs_Linda_Harvey.pdf- ./Prohibition_order_Mrs_Linda_Harvey.pdf-The Panel considered the following matters in mitigation. ./Prohibition_order_Mrs_Linda_Harvey.pdf- ./Prohibition_order_Mrs_Linda_Harvey.pdf-Mrs Harvey has a previous good history, as testified by W itness A, her former -- ./Prohibition_order_Mrs_Linda_Harvey.pdf-necessary in the public interest: this is for the maintenance of public confidence in the ./Prohibition_order_Mrs_Linda_Harvey.pdf-teaching profession and to uphold proper standards of conduct. ./Prohibition_order_Mrs_Linda_Harvey.pdf- ./Prohibition_order_Mrs_Linda_Harvey.pdf-The Panel then considered whether to recommend that a Prohibition Order be imposed ./Prohibition_order_Mrs_Linda_Harvey.pdf-with no provision for it to be reviewed or whether Mrs Harvey should be able to apply to ./Prohibition_order_Mrs_Linda_Harvey.pdf-have the Prohibition Order set aside after a specified period of time. ./Prohibition_order_Mrs_Linda_Harvey.pdf- ./Prohibition_order_Mrs_Linda_Harvey.pdf-The Panel considered the list of factors in the guidance which when present suggest that ./Prohibition_order_Mrs_Linda_Harvey.pdf-there should be no provision to apply for a review. The only possible factor in that list is ./Prohibition_order_Mrs_Linda_Harvey.pdf:‘serious sexual misconduct’. The Panel does not regard this as a case of serious sexual ./Prohibition_order_Mrs_Linda_Harvey.pdf:misconduct. As the Panel has already found, the conduct was not sexually motivated and ./Prohibition_order_Mrs_Linda_Harvey.pdf-Pupil A did not present during his oral evidence as someone who had been affected or ./Prohibition_order_Mrs_Linda_Harvey.pdf-harmed at the time or as a result of the subsequent investigation and proceedings. ./Prohibition_order_Mrs_Linda_Harvey.pdf- ./Prohibition_order_Mrs_Linda_Harvey.pdf-Taking into account the factors identified in mitigation, the Panel recommends that Mrs ./Prohibition_order_Mrs_Linda_Harvey.pdf-Harvey should have the opportunity to apply for the Prohibition Order to be set aside after ./Prohibition_order_Mrs_Linda_Harvey.pdf-a period of 5 years. ./Prohibition_order_Mrs_Linda_Harvey.pdf- ./Prohibition_order_Mrs_Linda_Harvey.pdf- ./Prohibition_order_Mrs_Linda_Harvey.pdf-Decision and reasons on behalf of the Secretary of ./Prohibition_order_Mrs_Linda_Harvey.pdf-State -- ./Prohibition_order_Mrs_Linda_Harvey.pdf-of the impact on Pupil A and other pupils and the school community as a whole. She ./Prohibition_order_Mrs_Linda_Harvey.pdf-admitted the inappropriateness of her behaviour at an early stage in proceedings. ./Prohibition_order_Mrs_Linda_Harvey.pdf- ./Prohibition_order_Mrs_Linda_Harvey.pdf:Whilst not sexually motivated, Mrs Harvey’s behaviour, and in particular her failure to ./Prohibition_order_Mrs_Linda_Harvey.pdf-maintain appropriate boundaries, falls well short of the standards expected and I agree ./Prohibition_order_Mrs_Linda_Harvey.pdf-that a prohibition order is a proportionate sanction. ./Prohibition_order_Mrs_Linda_Harvey.pdf- ./Prohibition_order_Mrs_Linda_Harvey.pdf-Mrs Harvey has shown significant insight and genuine remorse. She has been honest ./Prohibition_order_Mrs_Linda_Harvey.pdf-about her behaviour both during the investigation of this case and also with her current ./Prohibition_order_Mrs_Linda_Harvey.pdf-employers. I agree with the panel’s recommendation that she should be allowed to apply ./Prohibition_order_Mrs_Linda_Harvey.pdf-to have the order set aside after a period of 5 years has elapsed. ./Prohibition_order_Mrs_Linda_Harvey.pdf- ./Prohibition_order_Mrs_Linda_Harvey.pdf-This means that Mrs Linda Harvey is prohibited from teaching indefinitely and ./Prohibition_order_Mrs_Linda_Harvey.pdf-cannot teach in any school, sixth form college, relevant youth accommodation or ./Prohibition_order_Mrs_Yvonne_Preston.pdf-  serious departure from the personal and professional conduct elements of the ./Prohibition_order_Mrs_Yvonne_Preston.pdf- teachers’ standards; ./Prohibition_order_Mrs_Yvonne_Preston.pdf-  misconduct seriously affecting the education and/or well being of pupils, and ./Prohibition_order_Mrs_Yvonne_Preston.pdf- particularly where there is a continuing risk; and ./Prohibition_order_Mrs_Yvonne_Preston.pdf-  abuse of position or trust (particularly involving vulnerable pupils) or violation of the ./Prohibition_order_Mrs_Yvonne_Preston.pdf- rights of pupils. ./Prohibition_order_Mrs_Yvonne_Preston.pdf-The Panel found each of these to be present. ./Prohibition_order_Mrs_Yvonne_Preston.pdf- ./Prohibition_order_Mrs_Yvonne_Preston.pdf-Additionally, the list of behaviours includes: ./Prohibition_order_Mrs_Yvonne_Preston.pdf- ./Prohibition_order_Mrs_Yvonne_Preston.pdf:  sexual misconduct, eg involving actions that were sexually motivated or of a ./Prohibition_order_Mrs_Yvonne_Preston.pdf: sexual nature and/or that use or exploit the trust, knowledge or influence derived ./Prohibition_order_Mrs_Yvonne_Preston.pdf- from the individual’s professional position. ./Prohibition_order_Mrs_Yvonne_Preston.pdf-The Panel felt that there were elements of Mrs Preston’s conduct that could relate to this ./Prohibition_order_Mrs_Yvonne_Preston.pdf-statement. ./Prohibition_order_Mrs_Yvonne_Preston.pdf- ./Prohibition_order_Mrs_Yvonne_Preston.pdf-Even though there were behaviours that would point to a Prohibition Order being ./Prohibition_order_Mrs_Yvonne_Preston.pdf-appropriate, the Panel went on to consider whether or not there were sufficient mitigating ./Prohibition_order_Mrs_Yvonne_Preston.pdf-factors to militate against a Prohibition Order being an appropriate and proportionate ./Prohibition_order_Mrs_Yvonne_Preston.pdf-measure to impose, particularly taking into account the nature and severity of the ./Prohibition_order_Mrs_Yvonne_Preston.pdf-behaviour in this case. ./Prohibition_order_Mrs_Yvonne_Preston.pdf- -- ./Prohibition_order_Mrs_Yvonne_Preston.pdf-to recommend that a review period of the order should be considered. The Panel was ./Prohibition_order_Mrs_Yvonne_Preston.pdf-mindful that the Guidance advises that a Prohibition Order applies for life, but there may ./Prohibition_order_Mrs_Yvonne_Preston.pdf-be circumstances in any given case that may make it appropriate to allow a teacher to ./Prohibition_order_Mrs_Yvonne_Preston.pdf-apply to have the prohibition order reviewed after a specified period of time that may not ./Prohibition_order_Mrs_Yvonne_Preston.pdf-be less than two years. ./Prohibition_order_Mrs_Yvonne_Preston.pdf- ./Prohibition_order_Mrs_Yvonne_Preston.pdf-The Guidance indicates that there are behaviours that, if proven, would militate against a ./Prohibition_order_Mrs_Yvonne_Preston.pdf-review period being recommended. The Panel found that none of these behaviours were ./Prohibition_order_Mrs_Yvonne_Preston.pdf-present in this case. In light of the nature of the allegations found proven, the Panel feels ./Prohibition_order_Mrs_Yvonne_Preston.pdf-it appropriate to record that, notwithstanding the inappropriate nature of Mrs Preston’s ./Prohibition_order_Mrs_Yvonne_Preston.pdf:dealings with Student A, it did not find Mrs Preston’s actions to amount to serious sexual ./Prohibition_order_Mrs_Yvonne_Preston.pdf-misconduct, for the purpose of section 7 of the guidance. ./Prohibition_order_Mrs_Yvonne_Preston.pdf- ./Prohibition_order_Mrs_Yvonne_Preston.pdf- ./Prohibition_order_Mrs_Yvonne_Preston.pdf- ./Prohibition_order_Mrs_Yvonne_Preston.pdf- 11 ./Prohibition_order_Mrs_Yvonne_Preston.pdf- -- ./Prohibition_order_Mrs_Yvonne_Preston.pdf-I have also taken into account the mitigation put forward by Mrs Preston. On balance I ./Prohibition_order_Mrs_Yvonne_Preston.pdf-believe that the recommendation by the panel is a proportionate one and should be ./Prohibition_order_Mrs_Yvonne_Preston.pdf-upheld. I agree that Mrs Preston should be prohibited from teaching. ./Prohibition_order_Mrs_Yvonne_Preston.pdf- ./Prohibition_order_Mrs_Yvonne_Preston.pdf-I have also given very careful consideration to the matter of a review period. The panel ./Prohibition_order_Mrs_Yvonne_Preston.pdf-have properly set out their thinking in this area. In particular I have considered the ./Prohibition_order_Mrs_Yvonne_Preston.pdf-published guidance which indicates that there are behaviours that, if proven, would ./Prohibition_order_Mrs_Yvonne_Preston.pdf-militate against a review period being recommended. It is clear that the Panel found that ./Prohibition_order_Mrs_Yvonne_Preston.pdf-none of these behaviours were present in this case. I agree that notwithstanding the ./Prohibition_order_Mrs_Yvonne_Preston.pdf-inappropriate nature of Mrs Preston’s dealings with Student A, Mrs Preston’s actions do ./Prohibition_order_Mrs_Yvonne_Preston.pdf:not amount to serious sexual misconduct, as set out in the guidance. ./Prohibition_order_Mrs_Yvonne_Preston.pdf- ./Prohibition_order_Mrs_Yvonne_Preston.pdf-A prohibition order is for life, but a review period allows for the teacher to have the ./Prohibition_order_Mrs_Yvonne_Preston.pdf-opportunity to demonstrate that they are suitable to teach after a period of time has ./Prohibition_order_Mrs_Yvonne_Preston.pdf-elapsed. I have given careful consideration to this in this case. The panel point to real ./Prohibition_order_Mrs_Yvonne_Preston.pdf-insight and genuine remorse on the part of Mrs Preston. On balance I support the view of ./Prohibition_order_Mrs_Yvonne_Preston.pdf-the panel that a review period is proportionate. I agree that a 2 year review period is ./Prohibition_order_Mrs_Yvonne_Preston.pdf-proportionate and in the public interest. ./Prohibition_order_Mrs_Yvonne_Preston.pdf- ./Prohibition_order_Mrs_Yvonne_Preston.pdf-This means that Mrs Yvonne Preston is prohibited from teaching indefinitely and cannot ./Prohibition_order_Mrs_Yvonne_Preston.pdf-teach in any school, sixth form college, relevant youth accommodation or children’s home ./Prohibition_Order_Mr_Abdul_Mosobbir.pdf-The hearing took place in public and was recorded. ./Prohibition_Order_Mr_Abdul_Mosobbir.pdf- ./Prohibition_Order_Mr_Abdul_Mosobbir.pdf- ./Prohibition_Order_Mr_Abdul_Mosobbir.pdf-B. Allegations ./Prohibition_Order_Mr_Abdul_Mosobbir.pdf-The Panel considered the allegation set out in the Notice of Proceedings dated 19 ./Prohibition_Order_Mr_Abdul_Mosobbir.pdf-August 2013. ./Prohibition_Order_Mr_Abdul_Mosobbir.pdf-It was alleged that Abdul Mosobbir was guilty of having been convicted of a relevant ./Prohibition_Order_Mr_Abdul_Mosobbir.pdf-offence, in that: ./Prohibition_Order_Mr_Abdul_Mosobbir.pdf- ./Prohibition_Order_Mr_Abdul_Mosobbir.pdf- 1. on 2 November 2012 Abdul Mosobbir was convicted of 4 offences of causing / ./Prohibition_Order_Mr_Abdul_Mosobbir.pdf: inciting sexual activity with a female 13-17, offender 18 or over, abuse of position ./Prohibition_Order_Mr_Abdul_Mosobbir.pdf- of trust (between 01/01/11 – 10/11/11), contrary to the Sexual Offences Act 2003 ./Prohibition_Order_Mr_Abdul_Mosobbir.pdf- ./Prohibition_Order_Mr_Abdul_Mosobbir.pdf- ./Prohibition_Order_Mr_Abdul_Mosobbir.pdf- 3 ./Prohibition_Order_Mr_Abdul_Mosobbir.pdf- -- ./Prohibition_Order_Mr_Abdul_Mosobbir.pdf- and was sentenced on 29 January 2013 to a Community Order for 18 months, a ./Prohibition_Order_Mr_Abdul_Mosobbir.pdf- supervision requirement, a Restraining Order – protection from harassment and ./Prohibition_Order_Mr_Abdul_Mosobbir.pdf: issued with a sexual offenders notice for 5 years. ./Prohibition_Order_Mr_Abdul_Mosobbir.pdf- ./Prohibition_Order_Mr_Abdul_Mosobbir.pdf-In response to the Notice of Proceedings, Abdul Mosobbir has admitted the facts of the ./Prohibition_Order_Mr_Abdul_Mosobbir.pdf-allegation and admitted that those facts amount to having been convicted of a relevant ./Prohibition_Order_Mr_Abdul_Mosobbir.pdf-offence. ./Prohibition_Order_Mr_Abdul_Mosobbir.pdf- ./Prohibition_Order_Mr_Abdul_Mosobbir.pdf- ./Prohibition_Order_Mr_Abdul_Mosobbir.pdf-C. Preliminary applications ./Prohibition_Order_Mr_Abdul_Mosobbir.pdf-No preliminary applications were made. ./Prohibition_Order_Mr_Abdul_Mosobbir.pdf- ./Prohibition_Order_Mr_Abdul_Mosobbir.pdf- -- ./Prohibition_Order_Mr_Abdul_Mosobbir.pdf- ./Prohibition_Order_Mr_Abdul_Mosobbir.pdf-Abdul Mosobbir admits that between 1 January 2011 and 10 November 2011 he met with ./Prohibition_Order_Mr_Abdul_Mosobbir.pdf-Pupil A outside of school on around 30 occasions, including on four or five occasions at ./Prohibition_Order_Mr_Abdul_Mosobbir.pdf-Pupil A’s house. Abdul Mosobbir admits to kissing Pupil A on a number of these ./Prohibition_Order_Mr_Abdul_Mosobbir.pdf-occasions, sending Pupil A text messages and voicemail messages and admits they ./Prohibition_Order_Mr_Abdul_Mosobbir.pdf-became boyfriend and girlfriend. Abdul Mosobbir admits when visiting Pupil A at home in ./Prohibition_Order_Mr_Abdul_Mosobbir.pdf-November 2011, Pupil A’s father returned home early and found Abdul Mosobbir alone ./Prohibition_Order_Mr_Abdul_Mosobbir.pdf-with Pupil A. ./Prohibition_Order_Mr_Abdul_Mosobbir.pdf- ./Prohibition_Order_Mr_Abdul_Mosobbir.pdf-On 2 November 2012, Abdul Mosobbir was, upon his own confession, convicted on four ./Prohibition_Order_Mr_Abdul_Mosobbir.pdf:counts of causing / inciting sexual activity with a female (13-17) by an offender over 18, in ./Prohibition_Order_Mr_Abdul_Mosobbir.pdf-abuse of a position of trust. Abdul Mosobbir was sentenced on 29 January 2013 to 18 ./Prohibition_Order_Mr_Abdul_Mosobbir.pdf-months community sentence, subject to a restraining order under the Protection from ./Prohibition_Order_Mr_Abdul_Mosobbir.pdf-Harassment Act and placed on the Sex Offenders Register for five years. ./Prohibition_Order_Mr_Abdul_Mosobbir.pdf- ./Prohibition_Order_Mr_Abdul_Mosobbir.pdf-Findings of Fact ./Prohibition_Order_Mr_Abdul_Mosobbir.pdf-Our findings of fact are as follows: ./Prohibition_Order_Mr_Abdul_Mosobbir.pdf- ./Prohibition_Order_Mr_Abdul_Mosobbir.pdf-We have found the following particulars of the allegation against you proven: ./Prohibition_Order_Mr_Abdul_Mosobbir.pdf- ./Prohibition_Order_Mr_Abdul_Mosobbir.pdf:On 2 November 2012 you were convicted of 4 offences of causing / inciting sexual ./Prohibition_Order_Mr_Abdul_Mosobbir.pdf-activity with a female 13-17, offender 18 or over, abuse of position of trust ./Prohibition_Order_Mr_Abdul_Mosobbir.pdf-(between 01/01/11 – 10/11/11), contrary to the Sexual Offences Act 2003 and were ./Prohibition_Order_Mr_Abdul_Mosobbir.pdf-sentenced on 29 January 2013 to a Community Order for 18 months, a supervision ./Prohibition_Order_Mr_Abdul_Mosobbir.pdf-requirement, a Restraining Order – protection from harassment and issued with a ./Prohibition_Order_Mr_Abdul_Mosobbir.pdf:sexual offenders notice for 5 years. ./Prohibition_Order_Mr_Abdul_Mosobbir.pdf- ./Prohibition_Order_Mr_Abdul_Mosobbir.pdf-We have found this particular proven for the following reasons: ./Prohibition_Order_Mr_Abdul_Mosobbir.pdf- ./Prohibition_Order_Mr_Abdul_Mosobbir.pdf-We note Abdul Mosobbir’s admission of the allegations and the agreed statement of ./Prohibition_Order_Mr_Abdul_Mosobbir.pdf-facts. ./Prohibition_Order_Mr_Abdul_Mosobbir.pdf- ./Prohibition_Order_Mr_Abdul_Mosobbir.pdf-We have also considered the Certificate of Conviction at Snaresbrook Crown Court on 2 ./Prohibition_Order_Mr_Abdul_Mosobbir.pdf-November 2012, which certified that, upon his own confession, Abdul Mosobbir was ./Prohibition_Order_Mr_Abdul_Mosobbir.pdf:convicted on four counts of causing / inciting sexual activity with a female (13-17) by an ./Prohibition_Order_Mr_Abdul_Mosobbir.pdf-offender over 18, in abuse of a position of trust. We are satisfied that this certificate ./Prohibition_Order_Mr_Abdul_Mosobbir.pdf-accurately records the conviction and that it proves that Abdul Mosobbir was convicted ./Prohibition_Order_Mr_Abdul_Mosobbir.pdf-as alleged. ./Prohibition_Order_Mr_Abdul_Mosobbir.pdf- ./Prohibition_Order_Mr_Abdul_Mosobbir.pdf- ./Prohibition_Order_Mr_Abdul_Mosobbir.pdf- ./Prohibition_Order_Mr_Abdul_Mosobbir.pdf- ./Prohibition_Order_Mr_Abdul_Mosobbir.pdf- 6 ./Prohibition_Order_Mr_Abdul_Mosobbir.pdf- -- ./Prohibition_Order_Mr_Abdul_Mosobbir.pdf-Further, we have seen evidence that Pupil A’s well-being has been affected by the ./Prohibition_Order_Mr_Abdul_Mosobbir.pdf-offences. We are therefore satisfied that his conduct fell significantly short of the ./Prohibition_Order_Mr_Abdul_Mosobbir.pdf-standards expected of a teacher by both pupils and the public. ./Prohibition_Order_Mr_Abdul_Mosobbir.pdf- ./Prohibition_Order_Mr_Abdul_Mosobbir.pdf-We are also satisfied that the nature of the offence and the behaviour is relevant to ./Prohibition_Order_Mr_Abdul_Mosobbir.pdf-teaching, working with children and working in an education setting. Pupil A attended the ./Prohibition_Order_Mr_Abdul_Mosobbir.pdf-school at which Abdul Mosobbir taught and this was the means by which they met. ./Prohibition_Order_Mr_Abdul_Mosobbir.pdf- ./Prohibition_Order_Mr_Abdul_Mosobbir.pdf-We consider that the behaviour involved would be likely to have an impact on the safety ./Prohibition_Order_Mr_Abdul_Mosobbir.pdf-or security of pupils and members of the public, given it involved serious offences of a ./Prohibition_Order_Mr_Abdul_Mosobbir.pdf:sexual nature. There is also no indication that the behaviour would have stopped save ./Prohibition_Order_Mr_Abdul_Mosobbir.pdf-for the discovery of the relationship by Pupil A’s father. ./Prohibition_Order_Mr_Abdul_Mosobbir.pdf- ./Prohibition_Order_Mr_Abdul_Mosobbir.pdf-We also consider that the behaviour involved in committing the offence would be likely to ./Prohibition_Order_Mr_Abdul_Mosobbir.pdf-impact on the public confidence in the teaching profession. The public put teachers in a ./Prohibition_Order_Mr_Abdul_Mosobbir.pdf-position of trust and as a result of Abdul Mosobbir conducting a relationship with Pupil A, ./Prohibition_Order_Mr_Abdul_Mosobbir.pdf-despite being aware that this was wrong, he abused that position of trust. ./Prohibition_Order_Mr_Abdul_Mosobbir.pdf- ./Prohibition_Order_Mr_Abdul_Mosobbir.pdf-We have noted the Judge’s comments in sentencing and the fact that the offence did not ./Prohibition_Order_Mr_Abdul_Mosobbir.pdf-lead to a term of imprisonment. However, we note that this was a type of offence that ./Prohibition_Order_Mr_Abdul_Mosobbir.pdf-could have led to a term of imprisonment. ./Prohibition_Order_Mr_Abdul_Mosobbir.pdf- ./Prohibition_Order_Mr_Abdul_Mosobbir.pdf:The Guidance states that it is likely that all criminal offences that involve serious sexual ./Prohibition_Order_Mr_Abdul_Mosobbir.pdf-misconduct will be considered relevant, but that each case needs to be considered on its ./Prohibition_Order_Mr_Abdul_Mosobbir.pdf-individual merits by taking into account the circumstances involved. We do consider that ./Prohibition_Order_Mr_Abdul_Mosobbir.pdf:the offences for which Abdul Mosobbir was convicted involved serious sexual ./Prohibition_Order_Mr_Abdul_Mosobbir.pdf:misconduct. Whilst the sexual acts themselves were not serious, given the age of Pupil ./Prohibition_Order_Mr_Abdul_Mosobbir.pdf-A and the sustained period of time over which the behaviour occurred, we consider the ./Prohibition_Order_Mr_Abdul_Mosobbir.pdf:offence involved serious misconduct, of a sexual nature. ./Prohibition_Order_Mr_Abdul_Mosobbir.pdf- ./Prohibition_Order_Mr_Abdul_Mosobbir.pdf- ./Prohibition_Order_Mr_Abdul_Mosobbir.pdf- ./Prohibition_Order_Mr_Abdul_Mosobbir.pdf- 8 ./Prohibition_Order_Mr_Abdul_Mosobbir.pdf- -- ./Prohibition_Order_Mr_Abdul_Mosobbir.pdf- ./Prohibition_Order_Mr_Abdul_Mosobbir.pdf-The Panel went on to consider whether or not it would appropriate for them to decide to ./Prohibition_Order_Mr_Abdul_Mosobbir.pdf-recommend that a review period of the order should be considered. The Panel were ./Prohibition_Order_Mr_Abdul_Mosobbir.pdf-mindful that the Teacher Misconduct – Prohibition of Teachers Advice advises that a ./Prohibition_Order_Mr_Abdul_Mosobbir.pdf-Prohibition Order applies for life, but there may be circumstances in any given case that ./Prohibition_Order_Mr_Abdul_Mosobbir.pdf-may make it appropriate to allow a teacher to apply to have the Prohibition Order ./Prohibition_Order_Mr_Abdul_Mosobbir.pdf-reviewed after a specified period of time that may not be less than two years. ./Prohibition_Order_Mr_Abdul_Mosobbir.pdf- ./Prohibition_Order_Mr_Abdul_Mosobbir.pdf-The Teacher Misconduct – Prohibition of Teachers Advice indicates that there are ./Prohibition_Order_Mr_Abdul_Mosobbir.pdf-behaviours that, if proven, would militate against a review period being recommended. ./Prohibition_Order_Mr_Abdul_Mosobbir.pdf:One of these behaviours is serious sexual misconduct. The Panel has found that Abdul ./Prohibition_Order_Mr_Abdul_Mosobbir.pdf-Mosobbir has been responsible for committing an offence that involved serious ./Prohibition_Order_Mr_Abdul_Mosobbir.pdf:misconduct, against a young pupil, that was sexual in nature. ./Prohibition_Order_Mr_Abdul_Mosobbir.pdf- ./Prohibition_Order_Mr_Abdul_Mosobbir.pdf-The Panel recognises that Abdul Mosobbir has admitted that what he did was wrong and ./Prohibition_Order_Mr_Abdul_Mosobbir.pdf-has sought help for his health issues and the Panel acknowledges that some progress ./Prohibition_Order_Mr_Abdul_Mosobbir.pdf-has been made. The Panel also acknowledge that Abdul Mosobbir has attended today ./Prohibition_Order_Mr_Abdul_Mosobbir.pdf-to express his deep remorse and regret. ./Prohibition_Order_Mr_Abdul_Mosobbir.pdf- ./Prohibition_Order_Mr_Abdul_Mosobbir.pdf-However, in light of the seriousness of the offence, and the lack of judgement shown by ./Prohibition_Order_Mr_Abdul_Mosobbir.pdf-Abdul Mosobbir, the Panel considers that he poses an ongoing risk and cannot be ./Prohibition_Order_Mr_Abdul_Mosobbir.pdf-assured that such an incident will not happen again in the future. The Panel felt the ./Prohibition_Order_Mr_Abdul_Mosobbir.pdf-findings indicated a situation in which a review period would not be appropriate and as -- ./Prohibition_Order_Mr_Abdul_Mosobbir.pdf-The panel have found the allegation proven in this case. Mr Mosobbir has admitted that ./Prohibition_Order_Mr_Abdul_Mosobbir.pdf-he has been convicted of a relevant offence. ./Prohibition_Order_Mr_Abdul_Mosobbir.pdf- ./Prohibition_Order_Mr_Abdul_Mosobbir.pdf-The offence is a serious one. Observing appropriate boundaries with students is a ./Prohibition_Order_Mr_Abdul_Mosobbir.pdf-fundamental duty of a teacher and Mr Mosobbir has clearly failed to observe those ./Prohibition_Order_Mr_Abdul_Mosobbir.pdf:boundaries in this case. This case involves serious offences of a sexual nature and the ./Prohibition_Order_Mr_Abdul_Mosobbir.pdf-panel saw no evidence that suggested the behaviour would have stopped save for the ./Prohibition_Order_Mr_Abdul_Mosobbir.pdf-discovery of the relationship by the pupil’s father. Mr Mosobbir has abused his position of ./Prohibition_Order_Mr_Abdul_Mosobbir.pdf-trust. ./Prohibition_Order_Mr_Abdul_Mosobbir.pdf- ./Prohibition_Order_Mr_Abdul_Mosobbir.pdf-The panel have paid much attention to the public interest element of this case and have ./Prohibition_Order_Mr_Abdul_Mosobbir.pdf-concluded there is a strong public interest consideration in respect of the protection of ./Prohibition_Order_Mr_Abdul_Mosobbir.pdf-children. Public confidence in the profession would be weakened if Mr Mosobbir’s ./Prohibition_Order_Mr_Abdul_Mosobbir.pdf-behaviour was not dealt with seriously. ./Prohibition_Order_Mr_Abdul_Mosobbir.pdf- ./Prohibition_Order_Mr_Abdul_Mosobbir.pdf-The panel have recommended that a prohibition order is an appropriate and ./prohibition_order_mr_adrian_raymond_bradley.pdf-conduct that may bring the profession into disrepute it is necessary for the Panel to ./prohibition_order_mr_adrian_raymond_bradley.pdf-go on to consider whether it would be appropriate to recommend the imposition of a ./prohibition_order_mr_adrian_raymond_bradley.pdf-Prohibition Order by the Secretary of State. ./prohibition_order_mr_adrian_raymond_bradley.pdf- ./prohibition_order_mr_adrian_raymond_bradley.pdf-Following the Panel's findings of fact and unacceptable professional conduct, and ./prohibition_order_mr_adrian_raymond_bradley.pdf-conduct that may bring the profession into disrepute, the Legal Adviser handed to us ./prohibition_order_mr_adrian_raymond_bradley.pdf-a finding made by the General Teaching Council for England in 2007. In summary on ./prohibition_order_mr_adrian_raymond_bradley.pdf-that occasion a Professional Conduct Committee of the General Teaching Council ./prohibition_order_mr_adrian_raymond_bradley.pdf-for England found that, between January 2004 and July 2005, Mr Bradley had acted ./prohibition_order_mr_adrian_raymond_bradley.pdf-in a manner that was seriously demeaning and undermining of colleagues in that he ./prohibition_order_mr_adrian_raymond_bradley.pdf:sexually harassed four members of staff. The Professional Conduct Committee ./prohibition_order_mr_adrian_raymond_bradley.pdf-imposed a Conditional Registration Order with a condition that Mr Bradley should not ./prohibition_order_mr_adrian_raymond_bradley.pdf-hold the position of Headteacher without limit of time. ./prohibition_order_mr_adrian_raymond_bradley.pdf- ./prohibition_order_mr_adrian_raymond_bradley.pdf-In considering whether to recommend to the Secretary of State that a Prohibition ./prohibition_order_mr_adrian_raymond_bradley.pdf-Order should be made we have to consider whether it is a proportionate measure, ./prohibition_order_mr_adrian_raymond_bradley.pdf-and if it is in the public interest to do so. Prohibition Orders should not be given in ./prohibition_order_mr_adrian_raymond_bradley.pdf-order to be punitive, or to show that blame has been apportioned, although they are ./prohibition_order_mr_adrian_raymond_bradley.pdf-likely to have a punitive effect. ./prohibition_order_mr_adrian_raymond_bradley.pdf- ./prohibition_order_mr_adrian_raymond_bradley.pdf-We have considered the public interest and in particular: ./prohibition_order_mr_alan_michael_gorbutt.pdf- 2 ./prohibition_order_mr_alan_michael_gorbutt.pdf- ./prohibition_order_mr_alan_michael_gorbutt.pdf- ./prohibition_order_mr_alan_michael_gorbutt.pdf:CAUTION Cause/ Incite sexual activity with ./prohibition_order_mr_alan_michael_gorbutt.pdf- female 13-17, offender 18 or over, ./prohibition_order_mr_alan_michael_gorbutt.pdf- abuse of position of trust on 01/05/10 ./prohibition_order_mr_alan_michael_gorbutt.pdf- – 09/06/10 Sexual Offences Act 2003, ./prohibition_order_mr_alan_michael_gorbutt.pdf- s17(1)(e)(ii) ./prohibition_order_mr_alan_michael_gorbutt.pdf- ./prohibition_order_mr_alan_michael_gorbutt.pdf-DATE 24/03/2011 ./prohibition_order_mr_alan_michael_gorbutt.pdf- ./prohibition_order_mr_alan_michael_gorbutt.pdf-Mr Gorbutt admitted the alleged facts and admitted that they amounted to ./prohibition_order_mr_alan_michael_gorbutt.pdf-unacceptable professional conduct. ./prohibition_order_mr_alan_michael_gorbutt.pdf- -- ./prohibition_order_mr_alan_michael_gorbutt.pdf-evidence given. ./prohibition_order_mr_alan_michael_gorbutt.pdf- ./prohibition_order_mr_alan_michael_gorbutt.pdf-The agreed statement of facts confirmed that Mr Gorbutt was employed at FTC Arts ./prohibition_order_mr_alan_michael_gorbutt.pdf-College, Scunthorpe from 3 January 2005 until 7 April 2011 and that he began ./prohibition_order_mr_alan_michael_gorbutt.pdf-communicating with Pupil A via “Facebook” in or around May 2010. Mr Gorbutt also ./prohibition_order_mr_alan_michael_gorbutt.pdf-exchanged mobile telephone numbers with Pupil A. Pupil A was aged 16 throughout ./prohibition_order_mr_alan_michael_gorbutt.pdf-the course of these communications and was still enrolled as a student at the ./prohibition_order_mr_alan_michael_gorbutt.pdf-College until 26 June 2010. On one occasion, the communication between Mr ./prohibition_order_mr_alan_michael_gorbutt.pdf-Gorbutt and Pupil A became of a flirty and inappropriate nature and culminated in Mr ./prohibition_order_mr_alan_michael_gorbutt.pdf-Gorbutt sending Pupil A photographs of his genitals. Thereafter, the communications ./prohibition_order_mr_alan_michael_gorbutt.pdf:were of a predominantly sexual nature. ./prohibition_order_mr_alan_michael_gorbutt.pdf- ./prohibition_order_mr_alan_michael_gorbutt.pdf-On 24 March 2011, Mr Gorbutt accepted a police Caution for an offence of abuse of ./prohibition_order_mr_alan_michael_gorbutt.pdf:position of trust: causing or inciting sexual activity with a female aged 13 to 17 ./prohibition_order_mr_alan_michael_gorbutt.pdf-between 1 May 2010 and 9 June 2010 contrary to section 17 of the Sexual Offences ./prohibition_order_mr_alan_michael_gorbutt.pdf-Act 2003. ./prohibition_order_mr_alan_michael_gorbutt.pdf- -- ./prohibition_order_mr_alan_michael_gorbutt.pdf-November 1967) was employed at FTC Arts College, Scunthorpe from 3 January ./prohibition_order_mr_alan_michael_gorbutt.pdf-2005 until 7 April 2011. Mr Gorbutt began communicating with Pupil A via ./prohibition_order_mr_alan_michael_gorbutt.pdf-“Facebook” in or around May 2010. Although Pupil A was aged 16 throughout the ./prohibition_order_mr_alan_michael_gorbutt.pdf-course of these communications, she was still enrolled as a student at FTC Arts ./prohibition_order_mr_alan_michael_gorbutt.pdf-College until 26 June 2010. Mr Gorbutt also exchanged mobile telephone numbers ./prohibition_order_mr_alan_michael_gorbutt.pdf-with Pupil A. ./prohibition_order_mr_alan_michael_gorbutt.pdf- ./prohibition_order_mr_alan_michael_gorbutt.pdf-On one occasion, the communication between Mr Gorbutt and Pupil A became of a ./prohibition_order_mr_alan_michael_gorbutt.pdf-flirty and inappropriate nature and culminated in Mr Gorbutt sending Pupil A ./prohibition_order_mr_alan_michael_gorbutt.pdf-photographs of his genitals. Thereafter, the communications were of a predominantly ./prohibition_order_mr_alan_michael_gorbutt.pdf:sexual nature. ./prohibition_order_mr_alan_michael_gorbutt.pdf- ./prohibition_order_mr_alan_michael_gorbutt.pdf-On 24 March 2011, Mr Gorbutt accepted a police Caution for an offence of abuse of ./prohibition_order_mr_alan_michael_gorbutt.pdf:position of trust: causing or inciting sexual activity with a female aged 13 to 17 ./prohibition_order_mr_alan_michael_gorbutt.pdf-between 1 May 2010 and 9 June 2010 contrary to section 17 of the Sexual Offences ./prohibition_order_mr_alan_michael_gorbutt.pdf-Act 2003. ./prohibition_order_mr_alan_michael_gorbutt.pdf- ./prohibition_order_mr_alan_michael_gorbutt.pdf-Findings of fact: ./prohibition_order_mr_alan_michael_gorbutt.pdf- ./prohibition_order_mr_alan_michael_gorbutt.pdf-Mr Gorbutt has admitted the facts of the following allegations namely: ./prohibition_order_mr_alan_michael_gorbutt.pdf- ./prohibition_order_mr_alan_michael_gorbutt.pdf- Whilst employed at the FTC Arts College, Scunthorpe, Lincolnshire, ./prohibition_order_mr_alan_michael_gorbutt.pdf- between 15 December 2008 and 7 April 2011 he: ./prohibition_order_mr_alan_michael_gorbutt.pdf- -- ./prohibition_order_mr_alan_michael_gorbutt.pdf- 4 ./prohibition_order_mr_alan_michael_gorbutt.pdf- ./prohibition_order_mr_alan_michael_gorbutt.pdf- ./prohibition_order_mr_alan_michael_gorbutt.pdf:CAUTION Cause/ Incite sexual activity with ./prohibition_order_mr_alan_michael_gorbutt.pdf- female 13-17, offender 18 or over, ./prohibition_order_mr_alan_michael_gorbutt.pdf- abuse of position of trust on 01/05/10 ./prohibition_order_mr_alan_michael_gorbutt.pdf- – 09/06/10 Sexual Offences Act 2003, ./prohibition_order_mr_alan_michael_gorbutt.pdf- s17(1)(e)(ii) ./prohibition_order_mr_alan_michael_gorbutt.pdf- ./prohibition_order_mr_alan_michael_gorbutt.pdf-DATE 24/03/2011 ./prohibition_order_mr_alan_michael_gorbutt.pdf- ./prohibition_order_mr_alan_michael_gorbutt.pdf- Although, we have not been provided with copies of the actual messages sent via ./prohibition_order_mr_alan_michael_gorbutt.pdf-“Facebook” or text, we have noted that during the North Lincolnshire Child Protection ./prohibition_order_mr_alan_michael_gorbutt.pdf-Team Strategy Meeting on 9 July 2010, Mr Gorbutt acknowledged that he had sent a -- ./prohibition_order_mr_alan_michael_gorbutt.pdf-The Panel has considered whether a period should be specified after which Mr ./prohibition_order_mr_alan_michael_gorbutt.pdf-Gorbutt may apply for the Prohibition Order to be set aside. We have concluded that ./prohibition_order_mr_alan_michael_gorbutt.pdf-the misconduct in this case is so serious that that we should recommend a ./prohibition_order_mr_alan_michael_gorbutt.pdf-prohibition order with no provision for the teacher to apply for it to be set aside after ./prohibition_order_mr_alan_michael_gorbutt.pdf-any period of time. In coming to this view, we have taken into account the fact that, in ./prohibition_order_mr_alan_michael_gorbutt.pdf-addition to conducting inappropriate “Facebook” and text message exchanges with ./prohibition_order_mr_alan_michael_gorbutt.pdf-Pupil A, Mr Gorbutt sent the pupil a photograph of his own genitalia. The seriousness ./prohibition_order_mr_alan_michael_gorbutt.pdf-of his misconduct is reflected in the fact that Mr Gorbutt received a police caution for ./prohibition_order_mr_alan_michael_gorbutt.pdf-an offence under the Sexual Offences Act 2003. The elements of that offence were ./prohibition_order_mr_alan_michael_gorbutt.pdf-that he had abused his position of trust by causing or inciting a pupil to engage in ./prohibition_order_mr_alan_michael_gorbutt.pdf:sexual activity. Taking these factors into account, we consider this case to involve ./prohibition_order_mr_alan_michael_gorbutt.pdf:serious sexual misconduct”. ./prohibition_order_mr_alan_michael_gorbutt.pdf- ./prohibition_order_mr_alan_michael_gorbutt.pdf-Secretary of State’s Decision and Reasons ./prohibition_order_mr_alan_michael_gorbutt.pdf- ./prohibition_order_mr_alan_michael_gorbutt.pdf-I have given careful consideration to the decisions and recommendations of ./prohibition_order_mr_alan_michael_gorbutt.pdf-the panel in this case. ./prohibition_order_mr_alan_michael_gorbutt.pdf- ./prohibition_order_mr_alan_michael_gorbutt.pdf-Mr. Gorbutt accepts the facts of the allegations and that those facts amount to ./prohibition_order_mr_alan_michael_gorbutt.pdf-unacceptable professional conduct. ./prohibition_order_mr_alan_michael_gorbutt.pdf- ./prohibition_order_mr_alan_michael_gorbutt.pdf-The panel found that Mr Gorbutt’s behaviour was incompatible with being a -- ./prohibition_order_mr_alan_michael_gorbutt.pdf- 6 ./prohibition_order_mr_alan_michael_gorbutt.pdf- ./prohibition_order_mr_alan_michael_gorbutt.pdf- ./prohibition_order_mr_alan_michael_gorbutt.pdf-The panel have recommended that a prohibition order is the appropriate ./prohibition_order_mr_alan_michael_gorbutt.pdf-sanction and I endorse this decision. ./prohibition_order_mr_alan_michael_gorbutt.pdf- ./prohibition_order_mr_alan_michael_gorbutt.pdf-Moving on to the issue of a review period, the panel observed that the ./prohibition_order_mr_alan_michael_gorbutt.pdf-seriousness of his misconduct is reflected in the fact that Mr Gorbutt received ./prohibition_order_mr_alan_michael_gorbutt.pdf-a police caution for an offence under the Sexual Offences Act 2003. In view of ./prohibition_order_mr_alan_michael_gorbutt.pdf:this and the fact that they considered his behaviour to involve serious sexual ./prohibition_order_mr_alan_michael_gorbutt.pdf-misconduct, the panel have recommended that there be no provision for the ./prohibition_order_mr_alan_michael_gorbutt.pdf-teacher to apply for the prohibition order to be set aside after any period of ./prohibition_order_mr_alan_michael_gorbutt.pdf-time and I am in agreement with this judgement. ./prohibition_order_mr_alan_michael_gorbutt.pdf- ./prohibition_order_mr_alan_michael_gorbutt.pdf-This means that Mr Alan Gorbutt is prohibited from teaching indefinitely and cannot ./prohibition_order_mr_alan_michael_gorbutt.pdf-teach in any school, Sixth Form College, relevant youth accommodation or children’s ./prohibition_order_mr_alan_michael_gorbutt.pdf-home in England. ./prohibition_order_mr_alan_michael_gorbutt.pdf- ./prohibition_order_mr_alan_michael_gorbutt.pdf-This Order takes effect from the date on which it is served on the Teacher. ./prohibition_order_mr_alan_michael_gorbutt.pdf- ./Prohibition_order_Mr_Andrew_Channing.pdf- which she believed to be some kind of disguise. He asked her to get into the ./Prohibition_order_Mr_Andrew_Channing.pdf- back seat and to lie down. They went to his house in Matley Moor which Pupil A ./Prohibition_order_Mr_Andrew_Channing.pdf- described as being a small open plan house. The décor was orange/blue with a ./Prohibition_order_Mr_Andrew_Channing.pdf- computer under the stairs. There was an open plan bedroom upstairs. When ./Prohibition_order_Mr_Andrew_Channing.pdf- Pupil A went into the house Andrew Channing offered her a drink/breakfast and ./Prohibition_order_Mr_Andrew_Channing.pdf- then he kissed her. Pupil A was terrified because she had never kissed anyone ./Prohibition_order_Mr_Andrew_Channing.pdf- before. She felt tired and a little sick and accepted Andrew Channing’s offer to lie ./Prohibition_order_Mr_Andrew_Channing.pdf- down on his bed whilst he did some jobs. She fell asleep, when she woke up ./Prohibition_order_Mr_Andrew_Channing.pdf- Andrew Channing was lying next to her. He kissed her and asked her if she ./Prohibition_order_Mr_Andrew_Channing.pdf- wanted to take her clothes off. He helped her in removing her clothes and then ./Prohibition_order_Mr_Andrew_Channing.pdf: removed all his clothes which “really freaked me out”. They did not have sex, ./Prohibition_order_Mr_Andrew_Channing.pdf- Pupil A got quite upset and put her clothes back on. She started crying and ./Prohibition_order_Mr_Andrew_Channing.pdf- Andrew Channing gave her a cuddle. Pupil A couldn’t remember whether or not ./Prohibition_order_Mr_Andrew_Channing.pdf- she went straight home and after that incident they maintained contact via ./Prohibition_order_Mr_Andrew_Channing.pdf- email/text. During half term and holidays Pupil A and Andrew Channing met up ./Prohibition_order_Mr_Andrew_Channing.pdf- periodically. ./Prohibition_order_Mr_Andrew_Channing.pdf- ./Prohibition_order_Mr_Andrew_Channing.pdf- During the school holidays Pupil A would leave her house in the morning, meet ./Prohibition_order_Mr_Andrew_Channing.pdf- Andrew Channing, get into his car and lie down on the back seat. They used to ./Prohibition_order_Mr_Andrew_Channing.pdf- go to his house. At the end of the day she would leave Andrew Channing’s ./Prohibition_order_Mr_Andrew_Channing.pdf- house at about 16:00 hours by taxi. ./Prohibition_order_Mr_Andrew_Channing.pdf- ./Prohibition_order_Mr_Andrew_Channing.pdf- On 14 February 2002 when Pupil A was still 14 she and Andrew Channing used ./Prohibition_order_Mr_Andrew_Channing.pdf- to arrange meetings by text/email. Pupil A couldn’t remember how they arranged ./Prohibition_order_Mr_Andrew_Channing.pdf- to meet. They went to Andrew Channing’s house where Pupil A lost her virginity. ./Prohibition_order_Mr_Andrew_Channing.pdf: They had sex more than once, she can’t remember how many times. After she ./Prohibition_order_Mr_Andrew_Channing.pdf: lost her virginity she and Andrew Channing used to have sex every time they ./Prohibition_order_Mr_Andrew_Channing.pdf- met. Pupil A could not remember how many times she and Andrew Channing ./Prohibition_order_Mr_Andrew_Channing.pdf- met during the school holidays. ./Prohibition_order_Mr_Andrew_Channing.pdf- ./Prohibition_order_Mr_Andrew_Channing.pdf- At page 41 of the supplementary bundle of evidence Pupil A’s Important ./Prohibition_order_Mr_Andrew_Channing.pdf- Memories Document is located. Pupil A prepared this for someone who was ./Prohibition_order_Mr_Andrew_Channing.pdf: dealing with her allegations of sexual abuse. Pupil A was advised to write down ./Prohibition_order_Mr_Andrew_Channing.pdf- significant memories to be placed to the police investigators. ./Prohibition_order_Mr_Andrew_Channing.pdf- ./Prohibition_order_Mr_Andrew_Channing.pdf- Andrew Channing paid for Pupil A to obtain the morning after pill. ./Prohibition_order_Mr_Andrew_Channing.pdf- ./Prohibition_order_Mr_Andrew_Channing.pdf- Andrew Channing liked to do things which were not normal for instance cutting ./Prohibition_order_Mr_Andrew_Channing.pdf- her skin and licking her blood. He also placed clothes pegs on her nipples. At the ./Prohibition_order_Mr_Andrew_Channing.pdf- time she let him do these things because she loved and trusted him. Pupil A ./Prohibition_order_Mr_Andrew_Channing.pdf- confirmed that the contents of her supplementary witness statement were true. ./Prohibition_order_Mr_Andrew_Channing.pdf- ./Prohibition_order_Mr_Andrew_Channing.pdf- Pupil A said that her PC had become corrupted, her uncle had salvaged the -- ./Prohibition_order_Mr_Andrew_Channing.pdf- Pupil A confirmed that pages 14-16 had been typed by her, page 18 consisted of ./Prohibition_order_Mr_Andrew_Channing.pdf- a portion of text summarising a conversation between Pupil A and Andrew ./Prohibition_order_Mr_Andrew_Channing.pdf- Channing. On page 20 Andrew Channing was referring to orgasms and he wrote ./Prohibition_order_Mr_Andrew_Channing.pdf- the text. The portion of text at the bottom of page 20 Pupil A thought was about ./Prohibition_order_Mr_Andrew_Channing.pdf- the same subject matter but was unable to explain it. So far as page 21 was ./Prohibition_order_Mr_Andrew_Channing.pdf: concerned the reference was to oral sex which Andrew Channing wrote. She ./Prohibition_order_Mr_Andrew_Channing.pdf- saved it and then removed it because she didn’t want her mum to see it. Pupil A ./Prohibition_order_Mr_Andrew_Channing.pdf: gave Andrew Channing oral sex more than once. ./Prohibition_order_Mr_Andrew_Channing.pdf- ./Prohibition_order_Mr_Andrew_Channing.pdf- So far as Page 22 was concerned Pupil A could not remember specifically, she ./Prohibition_order_Mr_Andrew_Channing.pdf- knows that she wrote the text but is unable to say whether it was a joke between ./Prohibition_order_Mr_Andrew_Channing.pdf- her and her friends or between her and Andrew Channing. ./Prohibition_order_Mr_Andrew_Channing.pdf- ./Prohibition_order_Mr_Andrew_Channing.pdf- Pupil A was referred to MSN correspondence at page 25. She said that that ./Prohibition_order_Mr_Andrew_Channing.pdf- document had come about because it had been saved onto her hard drive at ./Prohibition_order_Mr_Andrew_Channing.pdf- some point. The document was a chat transcript from MSN and that ./Prohibition_order_Mr_Andrew_Channing.pdf- conversation was private to the persons within it. Pupil A had conversations with ./Prohibition_order_Mr_Andrew_Channing.pdf- Andrew Channing on MSN, her user name was “tryseeingthingsthroughmyeyes” ./Prohibition_order_Mr_Andrew_Channing.pdf- her email was foxyminx. Andrew Channing’s user name was ./Prohibition_order_Mr_Andrew_Channing.pdf- “fearemptinessanddespair” which was attached to his email address. The ./Prohibition_order_Mr_Andrew_Channing.pdf- frequency of messages between Andrew Channing and Pupil A was variable. ./Prohibition_order_Mr_Andrew_Channing.pdf- ./Prohibition_order_Mr_Andrew_Channing.pdf- Page 23 contained details of a conversation which Pupil A recalled vaguely. She ./Prohibition_order_Mr_Andrew_Channing.pdf: recognised the content which was in relation to a sexual act but is not 100% sure ./Prohibition_order_Mr_Andrew_Channing.pdf: what it related to. She thinks that the text relates to anal sex. This is because ./Prohibition_order_Mr_Andrew_Channing.pdf: usage of the word taboo by Andrew Channing was associated with anal sex. ./Prohibition_order_Mr_Andrew_Channing.pdf- ./Prohibition_order_Mr_Andrew_Channing.pdf- The person referred to as Simon on page 26 doesn’t exist. Pupil A cannot recall ./Prohibition_order_Mr_Andrew_Channing.pdf- what exactly the text was about. ./Prohibition_order_Mr_Andrew_Channing.pdf- ./Prohibition_order_Mr_Andrew_Channing.pdf: Page 27 is a reference to Andrew Channing asking Pupil A for oral sex and her ./Prohibition_order_Mr_Andrew_Channing.pdf- “not doing it”. ./Prohibition_order_Mr_Andrew_Channing.pdf- ./Prohibition_order_Mr_Andrew_Channing.pdf: Page 28 contains references to sex. ./Prohibition_order_Mr_Andrew_Channing.pdf- ./Prohibition_order_Mr_Andrew_Channing.pdf- So far as her obtaining the morning after pill was concerned Pupil A had no ./Prohibition_order_Mr_Andrew_Channing.pdf- money so Andrew Channing met her and gave her the money. She and a friend ./Prohibition_order_Mr_Andrew_Channing.pdf- went into the pharmacy and her friend bought it on her behalf. ./Prohibition_order_Mr_Andrew_Channing.pdf- ./Prohibition_order_Mr_Andrew_Channing.pdf- Pupil A said that whilst they were on school premises she and Andrew Channing ./Prohibition_order_Mr_Andrew_Channing.pdf- did not talk much because he was not one of her teachers. However on one ./Prohibition_order_Mr_Andrew_Channing.pdf- occasion he approached her as if he wanted to kiss her and on another occasion ./Prohibition_order_Mr_Andrew_Channing.pdf- he rubbed her leg. ./Prohibition_order_Mr_Andrew_Channing.pdf- -- ./Prohibition_order_Mr_Andrew_Channing.pdf- After having told her mother of the relationship Pupil A promised her that she ./Prohibition_order_Mr_Andrew_Channing.pdf- would not see Andrew Channing again provided her mother did not report it. ./Prohibition_order_Mr_Andrew_Channing.pdf- Pupil A told her mother that she would not see Andrew Channing until she was ./Prohibition_order_Mr_Andrew_Channing.pdf- 15. Nonetheless they carried on seeing each other as before. ./Prohibition_order_Mr_Andrew_Channing.pdf- ./Prohibition_order_Mr_Andrew_Channing.pdf- In August 2003 Pupil A stayed at Andrew Channing’s house. She is not sure of ./Prohibition_order_Mr_Andrew_Channing.pdf- the exact date but thinks it is probably at the latter end of the month. She can’t ./Prohibition_order_Mr_Andrew_Channing.pdf- remember the specific date which was between 21 August and 27 August. This ./Prohibition_order_Mr_Andrew_Channing.pdf- took place after she had left school. She had told her mother that she and ./Prohibition_order_Mr_Andrew_Channing.pdf- Andrew Channing were going on holiday whereas in fact they stayed at his ./Prohibition_order_Mr_Andrew_Channing.pdf: house and had sex. ./Prohibition_order_Mr_Andrew_Channing.pdf- ./Prohibition_order_Mr_Andrew_Channing.pdf- Andrew Channing had told Pupil A that he was living with friends. She saw a ./Prohibition_order_Mr_Andrew_Channing.pdf- wedding dress at the house which he said belonged to a friend. She believed ./Prohibition_order_Mr_Andrew_Channing.pdf- that Andrew Channing was single. ./Prohibition_order_Mr_Andrew_Channing.pdf- ./Prohibition_order_Mr_Andrew_Channing.pdf- The relationship between Pupil A and Andrew Channing came to an end in ./Prohibition_order_Mr_Andrew_Channing.pdf- August 2003 after she went to college. ./Prohibition_order_Mr_Andrew_Channing.pdf- ./Prohibition_order_Mr_Andrew_Channing.pdf- ./Prohibition_order_Mr_Andrew_Channing.pdf- 6 -- ./Prohibition_order_Mr_Andrew_Channing.pdf- believed was triggered by the fact that she had repressed the memories and ./Prohibition_order_Mr_Andrew_Channing.pdf- couldn’t cope any more. She reached the stage where she was too scared to ./Prohibition_order_Mr_Andrew_Channing.pdf- leave her house and decided to get some help. She consulted her GP who put ./Prohibition_order_Mr_Andrew_Channing.pdf- her on medication and signed her off work. Pupil A underwent counselling for 2½ ./Prohibition_order_Mr_Andrew_Channing.pdf- years having sessions once a week. All told she attended 197 counselling ./Prohibition_order_Mr_Andrew_Channing.pdf- sessions. ./Prohibition_order_Mr_Andrew_Channing.pdf- ./Prohibition_order_Mr_Andrew_Channing.pdf- At the time Pupil A was undergoing counselling she wished she was dead. It has ./Prohibition_order_Mr_Andrew_Channing.pdf- taken her a long time to deal with the relationship which she now realised was ./Prohibition_order_Mr_Andrew_Channing.pdf- abusive and also realises that Andrew Channing abused his position of power ./Prohibition_order_Mr_Andrew_Channing.pdf: and manipulated her. She now classes the relationship as sexual abuse by a ./Prohibition_order_Mr_Andrew_Channing.pdf- paedophile. ./Prohibition_order_Mr_Andrew_Channing.pdf- ./Prohibition_order_Mr_Andrew_Channing.pdf-In response to cross examination Pupil A stated as follows:- ./Prohibition_order_Mr_Andrew_Channing.pdf- ./Prohibition_order_Mr_Andrew_Channing.pdf- The contact between her and Andrew Channing commenced between 2000 and ./Prohibition_order_Mr_Andrew_Channing.pdf- 2001. ./Prohibition_order_Mr_Andrew_Channing.pdf- ./Prohibition_order_Mr_Andrew_Channing.pdf- She started to stay behind with friends at the end of the school day at the end of ./Prohibition_order_Mr_Andrew_Channing.pdf- year 9. She attended an IT club which was involved in designing websites. ./Prohibition_order_Mr_Andrew_Channing.pdf- ./Prohibition_order_Mr_Andrew_Channing.pdf- Andrew Channing used to bring in chocolates for her and her two friends. He ./Prohibition_order_Mr_Andrew_Channing.pdf- also told a group that Pupil A looked grown up. Pupil A does not know what he ./Prohibition_order_Mr_Andrew_Channing.pdf- meant by commenting that she looked grown up in her uniform. ./Prohibition_order_Mr_Andrew_Channing.pdf- ./Prohibition_order_Mr_Andrew_Channing.pdf- In October 2001 Pupil A stayed behind after an open evening. She cannot recall ./Prohibition_order_Mr_Andrew_Channing.pdf- when it ended but Pupil A obtained a lift home from Andrew Channing. She ./Prohibition_order_Mr_Andrew_Channing.pdf- agreed that it was a normal thing for a teacher to do rather than allowing a pupil ./Prohibition_order_Mr_Andrew_Channing.pdf- to walk home unaccompanied in the dark. ./Prohibition_order_Mr_Andrew_Channing.pdf- ./Prohibition_order_Mr_Andrew_Channing.pdf- Pupil A confirmed that one of her friends had said that she did not want to talk to ./Prohibition_order_Mr_Andrew_Channing.pdf: the police when they were investigating allegations of sexual abuse against ./Prohibition_order_Mr_Andrew_Channing.pdf- Andrew Channing. ./Prohibition_order_Mr_Andrew_Channing.pdf- ./Prohibition_order_Mr_Andrew_Channing.pdf- She and Andrew Channing knew each other’s passwords to their respective ./Prohibition_order_Mr_Andrew_Channing.pdf- email accounts. Pupil A accepted that it was wrong for her to use the word ./Prohibition_order_Mr_Andrew_Channing.pdf- “hacked” when alleging that Andrew Channing had deleted her emails because ./Prohibition_order_Mr_Andrew_Channing.pdf- he had access to her account and she had access to his. ./Prohibition_order_Mr_Andrew_Channing.pdf- ./Prohibition_order_Mr_Andrew_Channing.pdf- Pupil A accepted that the emails shown at page 22 were exchanges with a ./Prohibition_order_Mr_Andrew_Channing.pdf- fictional character that she had made up as a child. She said that Simon was a ./Prohibition_order_Mr_Andrew_Channing.pdf: fictional character who was attempting to have sex with her. Pupil A could not ./Prohibition_order_Mr_Andrew_Channing.pdf- remember the specific purpose of the document which she accepted that she ./Prohibition_order_Mr_Andrew_Channing.pdf- had created. ./Prohibition_order_Mr_Andrew_Channing.pdf- ./Prohibition_order_Mr_Andrew_Channing.pdf- As far as page 21 was concerned Pupil A said that she had removed it from her ./Prohibition_order_Mr_Andrew_Channing.pdf- emails and cut and pasted it. This was to stop her mother from seeing the email ./Prohibition_order_Mr_Andrew_Channing.pdf- exchange. There was no other record of email exchanges between the Greg ./Prohibition_order_Mr_Andrew_Channing.pdf- Thomas and Sarah Harper accounts. ./Prohibition_order_Mr_Andrew_Channing.pdf- ./Prohibition_order_Mr_Andrew_Channing.pdf- 7 ./Prohibition_order_Mr_Andrew_Channing.pdf- -- ./Prohibition_order_Mr_Andrew_Channing.pdf- had needed the morning after pill because although Andrew Channing used ./Prohibition_order_Mr_Andrew_Channing.pdf- condoms one had split. ./Prohibition_order_Mr_Andrew_Channing.pdf- ./Prohibition_order_Mr_Andrew_Channing.pdf- Pupil A assumed that Andrew Channing had told her to lie down in the back seat ./Prohibition_order_Mr_Andrew_Channing.pdf- of his car because he could get into trouble if she was seen in the car with him. ./Prohibition_order_Mr_Andrew_Channing.pdf- ./Prohibition_order_Mr_Andrew_Channing.pdf- Outside Andrew Channing’s house Pupil A recalled seeing a wind chime in the ./Prohibition_order_Mr_Andrew_Channing.pdf- shape of a skeleton. This she described as a skull with bones hanging from it as ./Prohibition_order_Mr_Andrew_Channing.pdf- opposed to a skeleton shape. ./Prohibition_order_Mr_Andrew_Channing.pdf- ./Prohibition_order_Mr_Andrew_Channing.pdf: Pupil A was unsure how many times she had sexual intercourse with Andrew ./Prohibition_order_Mr_Andrew_Channing.pdf- Channing see paragraph 15 of her statement. This was definitely more than ./Prohibition_order_Mr_Andrew_Channing.pdf- once and she assumes that it took place on two occasions. Pupil A said that she ./Prohibition_order_Mr_Andrew_Channing.pdf- was certain of the date because it was the date upon which she lost her virginity. ./Prohibition_order_Mr_Andrew_Channing.pdf- ./Prohibition_order_Mr_Andrew_Channing.pdf- Pupil A said that her mother had not called the police when she became aware ./Prohibition_order_Mr_Andrew_Channing.pdf- of her relationship with Andrew Channing because she was scared that Pupil A ./Prohibition_order_Mr_Andrew_Channing.pdf- would commit suicide. She had cut herself. Her mother had rung the Samaritans. ./Prohibition_order_Mr_Andrew_Channing.pdf- Pupil A accepted that she had a difficult relationship with her mother at times due ./Prohibition_order_Mr_Andrew_Channing.pdf- to her relationship with Andrew Channing. She denied that Andrew Channing ./Prohibition_order_Mr_Andrew_Channing.pdf- and her mother knew each other socially. -- ./Prohibition_order_Mr_Andrew_Channing.pdf-department in May 2010. ./Prohibition_order_Mr_Andrew_Channing.pdf- ./Prohibition_order_Mr_Andrew_Channing.pdf-On 7 June 2010 Andrew Channing was suspended once Witness C had learnt of his ./Prohibition_order_Mr_Andrew_Channing.pdf-arrest. His suspension had taken place on the advice of the HR department. ./Prohibition_order_Mr_Andrew_Channing.pdf-However he took no action until the police investigation was concluded. He was then ./Prohibition_order_Mr_Andrew_Channing.pdf-tasked with investigating three separate allegations as detailed in paragraphs 20(a-c) ./Prohibition_order_Mr_Andrew_Channing.pdf-of his statement. Page 92 contains his final report. ./Prohibition_order_Mr_Andrew_Channing.pdf- ./Prohibition_order_Mr_Andrew_Channing.pdf-During the internal investigation Mr Channing’s representatives had raised a few ./Prohibition_order_Mr_Andrew_Channing.pdf-technical points which had led to the hearing being adjourned. The outcome was that ./Prohibition_order_Mr_Andrew_Channing.pdf:the panel had concluded that the allegation of inappropriate sexual conduct was not ./Prohibition_order_Mr_Andrew_Channing.pdf-proved beyond reasonable doubt but that Andrew Channing had failed to consider ./Prohibition_order_Mr_Andrew_Channing.pdf:sexual boundaries. Allegation C was found proved. The advice which Witness C had ./Prohibition_order_Mr_Andrew_Channing.pdf-received from HR was that Andrew Channing should remain in post. ./Prohibition_order_Mr_Andrew_Channing.pdf- ./Prohibition_order_Mr_Andrew_Channing.pdf-Witness C had not seen exhibit 20 at page 14. When he had started the investigation ./Prohibition_order_Mr_Andrew_Channing.pdf-certain documents had been made available to him but he had started to search ./Prohibition_order_Mr_Andrew_Channing.pdf-more deeply. Witness C believes that he was aware of the document shown on page ./Prohibition_order_Mr_Andrew_Channing.pdf-25 namely the MSN instant messenger. ./Prohibition_order_Mr_Andrew_Channing.pdf- ./Prohibition_order_Mr_Andrew_Channing.pdf-In response to cross examination from Mr Shaw, Witness C stated as follows:- ./Prohibition_order_Mr_Andrew_Channing.pdf- ./Prohibition_order_Mr_Andrew_Channing.pdf- During his investigation he had liaised with Individual D the senior HR officer. -- ./Prohibition_order_Mr_Andrew_Channing.pdf- the Academy. He had experience as a head of year and was promoted to look ./Prohibition_order_Mr_Andrew_Channing.pdf- after about 240 children. Prior to these allegations Witness C had no concerns ./Prohibition_order_Mr_Andrew_Channing.pdf- with regard to Andrew Channing. ./Prohibition_order_Mr_Andrew_Channing.pdf- ./Prohibition_order_Mr_Andrew_Channing.pdf- As far as legal advice provided to the Governors, Witness C stated that they ./Prohibition_order_Mr_Andrew_Channing.pdf- were advised that the test to be applied was beyond reasonable doubt. Witness ./Prohibition_order_Mr_Andrew_Channing.pdf- C was not present at the time the Governors received that advice. ./Prohibition_order_Mr_Andrew_Channing.pdf- ./Prohibition_order_Mr_Andrew_Channing.pdf-In response to re-examination from Ms Binding Witness C responded as follows:- ./Prohibition_order_Mr_Andrew_Channing.pdf- ./Prohibition_order_Mr_Andrew_Channing.pdf: He denied trying to smear Andrew Channing and accepted that sexual ./Prohibition_order_Mr_Andrew_Channing.pdf- relationships between teachers and pupils point to systemic problems in a school ./Prohibition_order_Mr_Andrew_Channing.pdf- and something that schools fear above anything else. ./Prohibition_order_Mr_Andrew_Channing.pdf- ./Prohibition_order_Mr_Andrew_Channing.pdf- With regard to the poem referred to in his statement entitled “raped” Witness C ./Prohibition_order_Mr_Andrew_Channing.pdf- said that he did not volunteer the information concerning the poem, it was put in ./Prohibition_order_Mr_Andrew_Channing.pdf- his witness statement and there had been no intention of smearing Andrew ./Prohibition_order_Mr_Andrew_Channing.pdf- Channing. ./Prohibition_order_Mr_Andrew_Channing.pdf- ./Prohibition_order_Mr_Andrew_Channing.pdf- Witness C said that the information contained paragraph 57 on page 193 namely ./Prohibition_order_Mr_Andrew_Channing.pdf- the interview with Pupil A, contained information coming from a distillation of the -- ./Prohibition_order_Mr_Andrew_Channing.pdf- and her mother’s boyfriend. He did not touch Pupil A as alleged. ./Prohibition_order_Mr_Andrew_Channing.pdf- ./Prohibition_order_Mr_Andrew_Channing.pdf- The following Monday after visiting Pupil A at her home Andrew Channing told ./Prohibition_order_Mr_Andrew_Channing.pdf- the Head of Year who spoke to Pupil A’s tutor who advised that it should be ./Prohibition_order_Mr_Andrew_Channing.pdf- minuted to go onto the pastoral team minutes. ./Prohibition_order_Mr_Andrew_Channing.pdf- ./Prohibition_order_Mr_Andrew_Channing.pdf- Andrew Channing had previously received a telephone call from Pupil A’s ./Prohibition_order_Mr_Andrew_Channing.pdf- mother accusing him of having a relationship with Pupil A. She had asked him ./Prohibition_order_Mr_Andrew_Channing.pdf- what was his relationship with her daughter. She also asked if he had been e- ./Prohibition_order_Mr_Andrew_Channing.pdf- mailing Pupil A or if she had been sending photos of older women. Andrew ./Prohibition_order_Mr_Andrew_Channing.pdf: Channing told Pupil A’s mother that he wasn’t having sex with her daughter and ./Prohibition_order_Mr_Andrew_Channing.pdf- told her to report the allegations to the school if she thought that was the case. ./Prohibition_order_Mr_Andrew_Channing.pdf- He then received a text from Pupil A’s mother saying that Pupil A had admitted ./Prohibition_order_Mr_Andrew_Channing.pdf- making up the email addresses. Pupil A’s mother subsequently apologised ./Prohibition_order_Mr_Andrew_Channing.pdf- saying that she had taken the phone away from her daughter and taken a ./Prohibition_order_Mr_Andrew_Channing.pdf- computer out of her bedroom. ./Prohibition_order_Mr_Andrew_Channing.pdf- ./Prohibition_order_Mr_Andrew_Channing.pdf- I referred it on to cover my back. Pupil A’s mother was happy with the situation ./Prohibition_order_Mr_Andrew_Channing.pdf- knowing her daughter was making things up. On the morning of Meet the Mentor ./Prohibition_order_Mr_Andrew_Channing.pdf- day I went straight to Individual G (pages 184-186). He said to tell Pupil A’s ./Prohibition_order_Mr_Andrew_Channing.pdf- mother to “piss off” he then walked off. I spoke to another individual who said -- ./Prohibition_order_Mr_Andrew_Channing.pdf- her daughter was looking for somewhere to rent Andrew Channing offered to ./Prohibition_order_Mr_Andrew_Channing.pdf- show Pupil A round a house which he had available as a rental property. At that ./Prohibition_order_Mr_Andrew_Channing.pdf- time life for Andrew Channing was very stressful his wife was ill as she was a ./Prohibition_order_Mr_Andrew_Channing.pdf- diabetic with thyroid problems. In Christmas 2004 his wife was admitted to ./Prohibition_order_Mr_Andrew_Channing.pdf- hospital and Andrew Channing was exhausted. He was under a huge amount of ./Prohibition_order_Mr_Andrew_Channing.pdf- pressure and his relationship with his wife meant that his role was more that of a ./Prohibition_order_Mr_Andrew_Channing.pdf- carer. ./Prohibition_order_Mr_Andrew_Channing.pdf- ./Prohibition_order_Mr_Andrew_Channing.pdf- When Pupil A arrived at his house he took her inside and made some food with ./Prohibition_order_Mr_Andrew_Channing.pdf- her. She offered to show him some of her emails. At that stage Pupil A became ./Prohibition_order_Mr_Andrew_Channing.pdf: very flirty and they had sex. He had no other sexual contact with Pupil A. ./Prohibition_order_Mr_Andrew_Channing.pdf- ./Prohibition_order_Mr_Andrew_Channing.pdf- On 27 December 2001 Andrew Channing used to spend Christmas day with his ./Prohibition_order_Mr_Andrew_Channing.pdf- parents and Boxing Day he went to an aunt’s house in Frome. On the day after ./Prohibition_order_Mr_Andrew_Channing.pdf- Boxing Day they went to Individual H’s house where they had a large meal which ./Prohibition_order_Mr_Andrew_Channing.pdf- lasted until the middle of the afternoon. He then played computer games with his ./Prohibition_order_Mr_Andrew_Channing.pdf- cousin. At the latest he arrived at Individual H’s house at 1300 hours. Both his ./Prohibition_order_Mr_Andrew_Channing.pdf- parents and aunt had given statements during the investigation to the police. ./Prohibition_order_Mr_Andrew_Channing.pdf: Andrew Channing did not have sexual contact with Pupil A on that day. ./Prohibition_order_Mr_Andrew_Channing.pdf- ./Prohibition_order_Mr_Andrew_Channing.pdf- 13 ./Prohibition_order_Mr_Andrew_Channing.pdf- -- ./Prohibition_order_Mr_Andrew_Channing.pdf- in 15 years. Andrew Channing denied having constructed a story about male ./Prohibition_order_Mr_Andrew_Channing.pdf- rape to explain the poem’s content. ./Prohibition_order_Mr_Andrew_Channing.pdf- ./Prohibition_order_Mr_Andrew_Channing.pdf- Andrew Channing accepted that there was a similarity between the poem he had ./Prohibition_order_Mr_Andrew_Channing.pdf- written to his wife where he had mentioned the words “emptiness and despair” to ./Prohibition_order_Mr_Andrew_Channing.pdf- the MSN account namely “fearemptinessanddespair”. Andrew Channing said ./Prohibition_order_Mr_Andrew_Channing.pdf: that he did not enjoy masochistic sex. ./Prohibition_order_Mr_Andrew_Channing.pdf- ./Prohibition_order_Mr_Andrew_Channing.pdf- His first contact with Pupil A had not been between 2001 and 2002 when there ./Prohibition_order_Mr_Andrew_Channing.pdf- was hardly any contact and he didn’t know who she was. He refutes that Pupil A ./Prohibition_order_Mr_Andrew_Channing.pdf- ever had lunch with him. ./Prohibition_order_Mr_Andrew_Channing.pdf- ./Prohibition_order_Mr_Andrew_Channing.pdf- Andrew Channing accepted that he had told the police (page 150 police ./Prohibition_order_Mr_Andrew_Channing.pdf- interview) that he had given Pupil A a couple of grapes. ./Prohibition_order_Mr_Andrew_Channing.pdf- ./Prohibition_order_Mr_Andrew_Channing.pdf- As far as Pupil A’s performance as a student was concerned most subjects she ./Prohibition_order_Mr_Andrew_Channing.pdf- was ok but science was a big issue for her. When Andrew Channing had stated -- ./Prohibition_order_Mr_Andrew_Channing.pdf- discovered that although they may be mature in years they were not in mentality. ./Prohibition_order_Mr_Andrew_Channing.pdf- He thought the opportunity of communicating with Sarah Harper was a chance to ./Prohibition_order_Mr_Andrew_Channing.pdf- network. At that time he was not wary of giving strangers his mobile phone ./Prohibition_order_Mr_Andrew_Channing.pdf- number. ./Prohibition_order_Mr_Andrew_Channing.pdf- ./Prohibition_order_Mr_Andrew_Channing.pdf- When asked why he had used the word “accuse” when questioned by the police ./Prohibition_order_Mr_Andrew_Channing.pdf- concerning Pupil A’s mother’s allegation of an improper relationship Andrew ./Prohibition_order_Mr_Andrew_Channing.pdf- Channing responded that that was the way in which the police had phrased the ./Prohibition_order_Mr_Andrew_Channing.pdf- question. He recalled that the police asked him “did she accuse you”. Andrew ./Prohibition_order_Mr_Andrew_Channing.pdf- Channing said that he was not happy with the allegation and accepted that it was ./Prohibition_order_Mr_Andrew_Channing.pdf: illegal for him to have had sex with a child below the age of 16. In any event he ./Prohibition_order_Mr_Andrew_Channing.pdf- had reported the conversation he had had with Pupil A’s mother with Individual ./Prohibition_order_Mr_Andrew_Channing.pdf- G. Andrew Channing accepted that Individual G had not come to give evidence ./Prohibition_order_Mr_Andrew_Channing.pdf- but stated that this was because he had not been contacted by the NCTL. ./Prohibition_order_Mr_Andrew_Channing.pdf- ./Prohibition_order_Mr_Andrew_Channing.pdf- Andrew Channing accepted that he had not told the police that he knew Pupil A’s ./Prohibition_order_Mr_Andrew_Channing.pdf- mother. He had only answered what was put to him because he did not know ./Prohibition_order_Mr_Andrew_Channing.pdf- what the accusations were. He is aware of the fact that when asked Pupil A’s ./Prohibition_order_Mr_Andrew_Channing.pdf- mother and her boyfriend denied knowing Andrew Channing at all. Andrew ./Prohibition_order_Mr_Andrew_Channing.pdf- Channing described Pupil A’s mother as being neurotic and thought it normal ./Prohibition_order_Mr_Andrew_Channing.pdf- that she had asked him to go round and sort her daughter out. -- ./Prohibition_order_Mr_Andrew_Channing.pdf- the interview under caution was taking place in the early hours of the morning. ./Prohibition_order_Mr_Andrew_Channing.pdf- ./Prohibition_order_Mr_Andrew_Channing.pdf- Pupil A’s mother had obtained Andrew Channing’s mobile phone number from ./Prohibition_order_Mr_Andrew_Channing.pdf- her daughter the night after she had phoned him after having confiscated Pupil ./Prohibition_order_Mr_Andrew_Channing.pdf- A’s phone. They had never communicated via mobile phone although he had ./Prohibition_order_Mr_Andrew_Channing.pdf- attended a cinema and bingo with her. In those days mobile phone ./Prohibition_order_Mr_Andrew_Channing.pdf- communication wasn’t so easy and the phone he had at that time only held 10 ./Prohibition_order_Mr_Andrew_Channing.pdf- text messages. ./Prohibition_order_Mr_Andrew_Channing.pdf- ./Prohibition_order_Mr_Andrew_Channing.pdf- Andrew Channing confirmed that when interviewed by the police he had been ./Prohibition_order_Mr_Andrew_Channing.pdf: asked whether Pupil A’s mother had asked him whether he was having a sexual ./Prohibition_order_Mr_Andrew_Channing.pdf- relationship with her daughter. The police had used the word “accused” when ./Prohibition_order_Mr_Andrew_Channing.pdf: they put to him that Pupil A’s mother had accused him of having a sexual ./Prohibition_order_Mr_Andrew_Channing.pdf- relationship with her daughter, Andrew Channing said that the police were using ./Prohibition_order_Mr_Andrew_Channing.pdf- a lot of terminology with which I was not familiar. He was unguarded when he ./Prohibition_order_Mr_Andrew_Channing.pdf- had used the word “accused” because Pupil’s A’s mother had not accused him. ./Prohibition_order_Mr_Andrew_Channing.pdf- The police had suggested that Pupil A’s mother had phoned his mobile. ./Prohibition_order_Mr_Andrew_Channing.pdf- ./Prohibition_order_Mr_Andrew_Channing.pdf- When Andrew Channing had arrived at Pupil A’s house he did not form the view ./Prohibition_order_Mr_Andrew_Channing.pdf- that Pupil A was intoxicated. There was a good three to four hours that had ./Prohibition_order_Mr_Andrew_Channing.pdf- elapsed since he had received the initial phone call from Pupil A’s mother and ./Prohibition_order_Mr_Andrew_Channing.pdf- his response. ./Prohibition_order_Mr_Andrew_Channing.pdf- -- ./Prohibition_order_Mr_Andrew_Channing.pdf- asked Pupil A’s mother to report her conversation to the school and that he had ./Prohibition_order_Mr_Andrew_Channing.pdf- nothing to hide by going round to the house. Pupil A’s mother had not said “sort ./Prohibition_order_Mr_Andrew_Channing.pdf- your mess out” to Andrew Channing, she had asked him for help. ./Prohibition_order_Mr_Andrew_Channing.pdf- ./Prohibition_order_Mr_Andrew_Channing.pdf- When asked about Pupil A’s sudden appearance outside his house Andrew ./Prohibition_order_Mr_Andrew_Channing.pdf- Channing replied that it was not unusual to see pupils around his area as some ./Prohibition_order_Mr_Andrew_Channing.pdf- lived close by. She had come to the house to ask for tutoring. He had agreed to ./Prohibition_order_Mr_Andrew_Channing.pdf- provide tutoring in principle but said that he needed to speak to her mother first. ./Prohibition_order_Mr_Andrew_Channing.pdf- ./Prohibition_order_Mr_Andrew_Channing.pdf- Andrew Channing was asked why he had agreed to tutor a pupil where there ./Prohibition_order_Mr_Andrew_Channing.pdf: had been a significant incident namely an allegation of a sexual relationship and ./Prohibition_order_Mr_Andrew_Channing.pdf- his visit to her house. Andrew Channing replied that he didn’t agree to tutor Pupil ./Prohibition_order_Mr_Andrew_Channing.pdf- A and told her that he needed to speak to her mother. When asked why he had ./Prohibition_order_Mr_Andrew_Channing.pdf- said earlier in evidence that he had agreed in principle Andrew Channing said ./Prohibition_order_Mr_Andrew_Channing.pdf- that he needed to be given a breathing space in order to consider his reply. ./Prohibition_order_Mr_Andrew_Channing.pdf- ./Prohibition_order_Mr_Andrew_Channing.pdf- Andrew Channing was asked whether he had agreed to give Pupil A two hour ./Prohibition_order_Mr_Andrew_Channing.pdf- revision sessions subject to the presence of her mother replied that her mother ./Prohibition_order_Mr_Andrew_Channing.pdf- had to be there because he was no longer in a position of trust. He did not want ./Prohibition_order_Mr_Andrew_Channing.pdf- sole contact with Pupil A without her mother being present. ./Prohibition_order_Mr_Andrew_Channing.pdf- ./Prohibition_order_Mr_Andrew_Channing.pdf- Andrew Channing stated that there had been no other email/text contact with ./Prohibition_order_Mr_Andrew_Channing.pdf- Pupil A apart from those mentioned earlier. ./Prohibition_order_Mr_Andrew_Channing.pdf- ./Prohibition_order_Mr_Andrew_Channing.pdf- Andrew Channing confirmed that he was also in contact by text with the ./Prohibition_order_Mr_Andrew_Channing.pdf- daughter of a School Governor. ./Prohibition_order_Mr_Andrew_Channing.pdf- ./Prohibition_order_Mr_Andrew_Channing.pdf: When asked when he first had sexual intercourse with Pupil A Andrew Channing ./Prohibition_order_Mr_Andrew_Channing.pdf- said he was unable to obtain a specific date. Witness C had asked him for all his ./Prohibition_order_Mr_Andrew_Channing.pdf- bank/credit card statements which he was unable to obtain at the time. However, ./Prohibition_order_Mr_Andrew_Channing.pdf- if he were able to give a broad guess it would be that this had taken place early ./Prohibition_order_Mr_Andrew_Channing.pdf: in June 2004. He thought that sexual intercourse between them had occurred ./Prohibition_order_Mr_Andrew_Channing.pdf- ./Prohibition_order_Mr_Andrew_Channing.pdf- 20 ./Prohibition_order_Mr_Andrew_Channing.pdf- -- ./Prohibition_order_Mr_Andrew_Channing.pdf- Andrew Channing was asked whether the event which he had described above ./Prohibition_order_Mr_Andrew_Channing.pdf- raised any alarm bells. He replied that Pupil A had been seen by many people ./Prohibition_order_Mr_Andrew_Channing.pdf- anyway, maybe she was just reacting to having a big object next to her. Andrew ./Prohibition_order_Mr_Andrew_Channing.pdf- Channing did not question it, neither did he make any attempt to hide Pupil A. ./Prohibition_order_Mr_Andrew_Channing.pdf- ./Prohibition_order_Mr_Andrew_Channing.pdf- Andrew Channing was asked whether it seemed strange to pick Pupil A up from ./Prohibition_order_Mr_Andrew_Channing.pdf- a fairly secluded car park to have her get into the back of a vehicle and lie down. ./Prohibition_order_Mr_Andrew_Channing.pdf- Andrew Channing said he did not accept that the car park was secluded ./Prohibition_order_Mr_Andrew_Channing.pdf- because there was activity in that area. ./Prohibition_order_Mr_Andrew_Channing.pdf- ./Prohibition_order_Mr_Andrew_Channing.pdf: Andrew Channing confirmed that he had had sex with Pupil A in a main bedroom ./Prohibition_order_Mr_Andrew_Channing.pdf- which had followed Pupil A being flirtatious towards him by being touchy feely, ./Prohibition_order_Mr_Andrew_Channing.pdf- giggling and trying to lean into him. He accepted that he did not push her away. ./Prohibition_order_Mr_Andrew_Channing.pdf- Andrew Channing said that he did not video or take photographs of Pupil A, the ./Prohibition_order_Mr_Andrew_Channing.pdf- only time when he had done so was when she was sitting in front of a computer ./Prohibition_order_Mr_Andrew_Channing.pdf- and they were messing about. She was showing him emails. Andrew Channing ./Prohibition_order_Mr_Andrew_Channing.pdf- then videoed her at that time she was fully dressed and was also moving the ./Prohibition_order_Mr_Andrew_Channing.pdf- camera round. In 2004 when Pupil A was 17 Andrew Channing confirmed that ./Prohibition_order_Mr_Andrew_Channing.pdf- he was 29 being born in 1975. ./Prohibition_order_Mr_Andrew_Channing.pdf- ./Prohibition_order_Mr_Andrew_Channing.pdf- 21 -- ./Prohibition_order_Mr_Andrew_Channing.pdf- Andrew Channing said he recollected discussing with Pupil A topping up her ./Prohibition_order_Mr_Andrew_Channing.pdf- mobile phone. It was put to him that in previous accounts given to the police and ./Prohibition_order_Mr_Andrew_Channing.pdf: Witness C Andrew Channing had said that when they had had sexual ./Prohibition_order_Mr_Andrew_Channing.pdf- intercourse he topped up Pupil A’s mobile phone by using his credit card. ./Prohibition_order_Mr_Andrew_Channing.pdf- Andrew Channing said that he did not know whether the transaction went ./Prohibition_order_Mr_Andrew_Channing.pdf- through or not. ./Prohibition_order_Mr_Andrew_Channing.pdf- ./Prohibition_order_Mr_Andrew_Channing.pdf- Andrew Channing said that on December 27th (page 392) he was at his aunt’s ./Prohibition_order_Mr_Andrew_Channing.pdf- house and that his wife was at work that day. Andrew Channing confirmed that ./Prohibition_order_Mr_Andrew_Channing.pdf- the 14th February was during half term week. This was when his parents helped ./Prohibition_order_Mr_Andrew_Channing.pdf- him construct the garden shed. Andrew Channing denied asking his parents to ./Prohibition_order_Mr_Andrew_Channing.pdf- provide him with an alibi. He had spent a lot of time going round family and ./Prohibition_order_Mr_Andrew_Channing.pdf- friends getting them to look at diaries/calendars. -- ./Prohibition_order_Mr_Andrew_Channing.pdf- As far as the weekend of 29-31 August when Andrew Channing stated that he ./Prohibition_order_Mr_Andrew_Channing.pdf- was with his friend Individual J he confirmed producing a bank statement to the ./Prohibition_order_Mr_Andrew_Channing.pdf- police showing that he had been in Swindon on the Saturday night. ./Prohibition_order_Mr_Andrew_Channing.pdf- ./Prohibition_order_Mr_Andrew_Channing.pdf-In response to questions from the Panel Andrew Channing stated as follows:- ./Prohibition_order_Mr_Andrew_Channing.pdf- ./Prohibition_order_Mr_Andrew_Channing.pdf- He used the IT room very rarely at lunchtime and the incident which was referred ./Prohibition_order_Mr_Andrew_Channing.pdf- to by Pupil A when he gave her some grapes was one of the few dates that he ./Prohibition_order_Mr_Andrew_Channing.pdf- was in there. Pupil A was helping him with IT. ./Prohibition_order_Mr_Andrew_Channing.pdf- ./Prohibition_order_Mr_Andrew_Channing.pdf: There was a massive contrast between the expectations regarding sexual ./Prohibition_order_Mr_Andrew_Channing.pdf- contact between pupils and students at Witness C’s school as opposed to Green ./Prohibition_order_Mr_Andrew_Channing.pdf- Down School. ./Prohibition_order_Mr_Andrew_Channing.pdf- ./Prohibition_order_Mr_Andrew_Channing.pdf- Once a student goes on study leave they are no longer the responsibility of the ./Prohibition_order_Mr_Andrew_Channing.pdf- school. The official leaving date being 1 September. At that time Andrew ./Prohibition_order_Mr_Andrew_Channing.pdf- Channing thought that once a student had left that was it. ./Prohibition_order_Mr_Andrew_Channing.pdf- ./Prohibition_order_Mr_Andrew_Channing.pdf- He and Pupil A’s mother were acquaintances. They had discussed Pupil A. ./Prohibition_order_Mr_Andrew_Channing.pdf- Andrew Channing’s wife knew that he knew Pupil A’s mother. After receiving ./Prohibition_order_Mr_Andrew_Channing.pdf- messages from her on his phone Andrew Channing had a conversation with his ./Prohibition_order_Mr_Andrew_Channing.pdf- in-laws in the presence of his wife. He was unable to remember whether his ./Prohibition_order_Mr_Andrew_Channing.pdf: family knew that Pupil A’s mother had asked him if he had had sex with her ./Prohibition_order_Mr_Andrew_Channing.pdf- daughter. He knew that his parents had come to help him build a garden shed on ./Prohibition_order_Mr_Andrew_Channing.pdf- 14 February. It was a bitterly cold day, his mother had not been working and had ./Prohibition_order_Mr_Andrew_Channing.pdf- rested the day before. When asked why his wife had not given evidence Andrew ./Prohibition_order_Mr_Andrew_Channing.pdf- Channing said that she had taken legal advice and been advised that as Witness ./Prohibition_order_Mr_Andrew_Channing.pdf- C was trying to pin something on him she should not attend. ./Prohibition_order_Mr_Andrew_Channing.pdf- ./Prohibition_order_Mr_Andrew_Channing.pdf-In response to re-examination by Mr Shaw Andrew Channing stated:- ./Prohibition_order_Mr_Andrew_Channing.pdf- ./Prohibition_order_Mr_Andrew_Channing.pdf- He had purchased sweets to hand out as prizes to pupils. ./Prohibition_order_Mr_Andrew_Channing.pdf- -- ./Prohibition_order_Mr_Andrew_Channing.pdf-The panel were also reminded that at the hearing on 13 March 2013, the parties had ./Prohibition_order_Mr_Andrew_Channing.pdf-agreed the following statement: ./Prohibition_order_Mr_Andrew_Channing.pdf- ./Prohibition_order_Mr_Andrew_Channing.pdf- “By virtue of the prescription only medicines (human use) amendment ./Prohibition_order_Mr_Andrew_Channing.pdf- (number 3) order 2000, as of January 1st 2001, Levonorgestrel (the “morning ./Prohibition_order_Mr_Andrew_Channing.pdf- after pill”) was available for sale without prescription for women age 16 and ./Prohibition_order_Mr_Andrew_Channing.pdf- over”. ./Prohibition_order_Mr_Andrew_Channing.pdf- ./Prohibition_order_Mr_Andrew_Channing.pdf-Ms Binding stated that the burden of proof was on the Presenting Officer standard of ./Prohibition_order_Mr_Andrew_Channing.pdf-proof being on a balance of probabilities. The case “boiled down” to the word of one ./Prohibition_order_Mr_Andrew_Channing.pdf:person against another. There had been no witnesses to the alleged sexual contact ./Prohibition_order_Mr_Andrew_Channing.pdf-between Mr Channing and Pupil A. The primary source of evidence was Pupil A’s ./Prohibition_order_Mr_Andrew_Channing.pdf-oral account. ./Prohibition_order_Mr_Andrew_Channing.pdf- ./Prohibition_order_Mr_Andrew_Channing.pdf-Ms Binding submitted that there was no reason why Pupil A would have fabricated ./Prohibition_order_Mr_Andrew_Channing.pdf-the allegations. She had made a decision to go to the police aged between 23 and ./Prohibition_order_Mr_Andrew_Channing.pdf:24 and report allegations of sexual abuse. In doing so she had put herself through a ./Prohibition_order_Mr_Andrew_Channing.pdf-gruelling process which entailed the lengthy police investigation and subsequent ./Prohibition_order_Mr_Andrew_Channing.pdf-hearing before the NCTL. Ms Binding further submitted that there are a number of ./Prohibition_order_Mr_Andrew_Channing.pdf-ways in which the Panel could be assisted in assessing Pupil A’s ./Prohibition_order_Mr_Andrew_Channing.pdf-credibility/plausibility. The Panel were asked to consider whether appropriate ./Prohibition_order_Mr_Andrew_Channing.pdf-concessions were made by Pupil A, whether the evidence she had given was ./Prohibition_order_Mr_Andrew_Channing.pdf-consistent and to carry out an assessment of the content of the narrative in general. ./Prohibition_order_Mr_Andrew_Channing.pdf-Ms Binding submitted that Pupil A had made a number of concessions, some of ./Prohibition_order_Mr_Andrew_Channing.pdf-which were telling, in particular, her evidence concerning the MSN documentation. ./Prohibition_order_Mr_Andrew_Channing.pdf-As far as Mr Channing was concerned the Panel should question whether he had ./Prohibition_order_Mr_Andrew_Channing.pdf-made the types of concessions which would be expected of an honest and reliable ./Prohibition_order_Mr_Andrew_Channing.pdf-witness. Had Mr Channing accepted that there are aspects of his behaviour which ./Prohibition_order_Mr_Andrew_Channing.pdf-may have him open to criticism? For example, Mr Channing’s visit to Pupil A’s home ./Prohibition_order_Mr_Andrew_Channing.pdf-when she was intoxicated and his contact with her by text messages. Had Mr ./Prohibition_order_Mr_Andrew_Channing.pdf-Channing attempted to deflect the blame on Pupil A, her mother and the school? ./Prohibition_order_Mr_Andrew_Channing.pdf- ./Prohibition_order_Mr_Andrew_Channing.pdf-Ms Binding further submitted that Pupil A’s evidence had been consistent throughout ./Prohibition_order_Mr_Andrew_Channing.pdf-especially with regard to times when she allegedly ate lunch with Mr Channing, ./Prohibition_order_Mr_Andrew_Channing.pdf-exchanged emails with him and when her mother accused Mr Channing of having ./Prohibition_order_Mr_Andrew_Channing.pdf:sexual relations with Pupil A. ./Prohibition_order_Mr_Andrew_Channing.pdf- ./Prohibition_order_Mr_Andrew_Channing.pdf-As far as the narrative in general was concerned, Ms Binding asked the Panel to ./Prohibition_order_Mr_Andrew_Channing.pdf-consider whether Mr Channing’s evidence was plausible. He had given an account ./Prohibition_order_Mr_Andrew_Channing.pdf-of email exchanges between him and a person who he had met whilst on a course ./Prohibition_order_Mr_Andrew_Channing.pdf-that person subsequently turned out to be a fictional person. Miss Binding submitted ./Prohibition_order_Mr_Andrew_Channing.pdf-why should Mr Channing maintain contact with someone, allegedly he had met on ./Prohibition_order_Mr_Andrew_Channing.pdf-the course but did not remember? Furthermore, Mr Channing chose to respond to ./Prohibition_order_Mr_Andrew_Channing.pdf-Pupil A’s mother’s requests by visiting Pupil A at her house whilst she was ./Prohibition_order_Mr_Andrew_Channing.pdf-intoxicated. It was despite the fact that Pupil A’s mother had accused Mr Channing of ./Prohibition_order_Mr_Andrew_Channing.pdf:having a sexual relationship with her daughter. ./Prohibition_order_Mr_Andrew_Channing.pdf- ./Prohibition_order_Mr_Andrew_Channing.pdf-As far as the morning after pill was concerned, Ms Binding stated that at the time the ./Prohibition_order_Mr_Andrew_Channing.pdf-morning after pill was not available to a pupil under the age of 16 without ./Prohibition_order_Mr_Andrew_Channing.pdf- ./Prohibition_order_Mr_Andrew_Channing.pdf- 24 ./Prohibition_order_Mr_Andrew_Channing.pdf- -- ./Prohibition_order_Mr_Andrew_Channing.pdf-emails which had existed on her computer had been produced, Pupil A had saved ./Prohibition_order_Mr_Andrew_Channing.pdf-this text document in word. No electronic versions of the relevant email exchanges ./Prohibition_order_Mr_Andrew_Channing.pdf-had been provided. Mr Channing’s computer had been seized when he was arrested ./Prohibition_order_Mr_Andrew_Channing.pdf-and no evidence from his computer had ever been produced. ./Prohibition_order_Mr_Andrew_Channing.pdf- ./Prohibition_order_Mr_Andrew_Channing.pdf-Mr Shaw then spent some time in answering the specific allegations made by Pupil A ./Prohibition_order_Mr_Andrew_Channing.pdf-in her important memories document which Mr Channing had also spoken of during ./Prohibition_order_Mr_Andrew_Channing.pdf-his examination in chief. In his final submissions Mr Shaw stated that it was clear ./Prohibition_order_Mr_Andrew_Channing.pdf-from the evidence that Pupil A had a difficult relationship with her mother who had ./Prohibition_order_Mr_Andrew_Channing.pdf-denied being friends with Mr Channing. Pupil A could be described as a very ./Prohibition_order_Mr_Andrew_Channing.pdf:disturbed young woman with whom Mr Channing had had sexual relations in 2004 ./Prohibition_order_Mr_Andrew_Channing.pdf-after she had left the school. That particular time frame did not cover the allegation ./Prohibition_order_Mr_Andrew_Channing.pdf-as described in the Notice of Proceedings. ./Prohibition_order_Mr_Andrew_Channing.pdf- ./Prohibition_order_Mr_Andrew_Channing.pdf- ./Prohibition_order_Mr_Andrew_Channing.pdf- 25 ./Prohibition_order_Mr_Andrew_Channing.pdf- -- ./Prohibition_order_Mr_Andrew_Channing.pdf-Whilst employed at Green Down School, Swindon, he, between December 2001 and ./Prohibition_order_Mr_Andrew_Channing.pdf-August 2003 had an inappropriate relationship with Pupil A whilst she was between ./Prohibition_order_Mr_Andrew_Channing.pdf-14 and 16 years old. ./Prohibition_order_Mr_Andrew_Channing.pdf- ./Prohibition_order_Mr_Andrew_Channing.pdf-The above allegation follows disclosures made to the police made by Pupil A in ./Prohibition_order_Mr_Andrew_Channing.pdf-2010, concerning an inappropriate relationship with a former science teacher, Mr ./Prohibition_order_Mr_Andrew_Channing.pdf-Andrew Channing whilst she was a pupil at Green Down School in Swindon between ./Prohibition_order_Mr_Andrew_Channing.pdf-the years 2001 to 2003. ./Prohibition_order_Mr_Andrew_Channing.pdf- ./Prohibition_order_Mr_Andrew_Channing.pdf- At the start of the period in question Pupil A was in years 9 at the school and she ./Prohibition_order_Mr_Andrew_Channing.pdf:alleged that during the three years she had a sexual relationship with Mr Channing. ./Prohibition_order_Mr_Andrew_Channing.pdf-Pupil A received counseling in 2010. She made the decision to go to the police ./Prohibition_order_Mr_Andrew_Channing.pdf-because of the impact of the relationship on her wellbeing and also out of concern ./Prohibition_order_Mr_Andrew_Channing.pdf-for his current pupils. ./Prohibition_order_Mr_Andrew_Channing.pdf- ./Prohibition_order_Mr_Andrew_Channing.pdf-Findings of fact ./Prohibition_order_Mr_Andrew_Channing.pdf- ./Prohibition_order_Mr_Andrew_Channing.pdf-In determining this matter the Panel first considered the areas of agreement between ./Prohibition_order_Mr_Andrew_Channing.pdf-the parties which are summarised below: ./Prohibition_order_Mr_Andrew_Channing.pdf- ./Prohibition_order_Mr_Andrew_Channing.pdf-Whilst Pupil A was a pupil in Year 9 she had undertaken project work at the school -- ./Prohibition_order_Mr_Andrew_Channing.pdf-Mr. Channing accepts that on one occasion he shared part of his lunch with Pupil A ./Prohibition_order_Mr_Andrew_Channing.pdf- ./Prohibition_order_Mr_Andrew_Channing.pdf-Following a parents' evening in October 2001, Mr Channing gave Pupil A a lift home. ./Prohibition_order_Mr_Andrew_Channing.pdf- ./Prohibition_order_Mr_Andrew_Channing.pdf-Pupil A entered into email correspondence with Mr. Channing which continued for a ./Prohibition_order_Mr_Andrew_Channing.pdf-period of time. When the email contact was first established Pupil A was using the ./Prohibition_order_Mr_Andrew_Channing.pdf-name Sarah Harper. ./Prohibition_order_Mr_Andrew_Channing.pdf- ./Prohibition_order_Mr_Andrew_Channing.pdf-Pupil A's mother made contact with Mr Channing in July 2002 after having ./Prohibition_order_Mr_Andrew_Channing.pdf-discovered that her daughter was in contact with Mr Channing. She asked him ./Prohibition_order_Mr_Andrew_Channing.pdf:whether he was having a sexual relationship with her daughter which he denied. ./Prohibition_order_Mr_Andrew_Channing.pdf- ./Prohibition_order_Mr_Andrew_Channing.pdf- ./Prohibition_order_Mr_Andrew_Channing.pdf- ./Prohibition_order_Mr_Andrew_Channing.pdf- ./Prohibition_order_Mr_Andrew_Channing.pdf- 26 ./Prohibition_order_Mr_Andrew_Channing.pdf- -- ./Prohibition_order_Mr_Andrew_Channing.pdf-Mr Channing was subsequently asked by Pupil A's mother to go to their house in ./Prohibition_order_Mr_Andrew_Channing.pdf-August 2002 which he did. ./Prohibition_order_Mr_Andrew_Channing.pdf- ./Prohibition_order_Mr_Andrew_Channing.pdf-On a date unknown Mr Channing collected Pupil A in his car from an MFI car park. ./Prohibition_order_Mr_Andrew_Channing.pdf-During that journey Pupil A lay down on the back seat of the car at some point in ./Prohibition_order_Mr_Andrew_Channing.pdf-order to be hidden from view. Subsequently, Mr Channing and Pupil A entered Mr ./Prohibition_order_Mr_Andrew_Channing.pdf:Channing's house where sexual intercourse took place. During the visit to the house ./Prohibition_order_Mr_Andrew_Channing.pdf-Mr Channing admitted taking a photograph of Pupil A using his webcam. There is ./Prohibition_order_Mr_Andrew_Channing.pdf-some uncertainty about the date upon which this occurred. Pupil A alleges that this ./Prohibition_order_Mr_Andrew_Channing.pdf-took place in August 2003 when she had finished her GCSEs. Mr Channing has ./Prohibition_order_Mr_Andrew_Channing.pdf-given a number of dates in his police and other interviews that this took place ./Prohibition_order_Mr_Andrew_Channing.pdf-ranging from August 2003 to May/June 2004. In his oral evidence to the Panel he ./Prohibition_order_Mr_Andrew_Channing.pdf-claims this took place in May/June 2004. ./Prohibition_order_Mr_Andrew_Channing.pdf- ./Prohibition_order_Mr_Andrew_Channing.pdf-Pupil A visited Mr Channing's home on more than one occasion for tuition for her ./Prohibition_order_Mr_Andrew_Channing.pdf-GCSE examinations. ./Prohibition_order_Mr_Andrew_Channing.pdf- -- ./Prohibition_order_Mr_Andrew_Channing.pdf-We found Pupil A’s written and oral evidence to be both consistent and credible. In ./Prohibition_order_Mr_Andrew_Channing.pdf-making that assessment we noted her willingness to make concessions whilst giving ./Prohibition_order_Mr_Andrew_Channing.pdf-evidence. We were of the opinion that Pupil A's motivation in coming forward was to ./Prohibition_order_Mr_Andrew_Channing.pdf-resolve the trauma she had experienced and to protect other pupils. Making these ./Prohibition_order_Mr_Andrew_Channing.pdf-disclosures, which were of an intimate and highly personal nature, was stressful and ./Prohibition_order_Mr_Andrew_Channing.pdf-potentially hurtful to herself and other family members. ./Prohibition_order_Mr_Andrew_Channing.pdf- ./Prohibition_order_Mr_Andrew_Channing.pdf-The Panel was concerned by the inconsistencies in the accounts which Mr Channing ./Prohibition_order_Mr_Andrew_Channing.pdf-gave to the police, the school investigation and in his evidence to us. We find his ./Prohibition_order_Mr_Andrew_Channing.pdf-explanation for his actions to be implausible. In particular, we find it difficult to ./Prohibition_order_Mr_Andrew_Channing.pdf:comprehend why, after having been accused by Pupil A's mother of having a sexual ./Prohibition_order_Mr_Andrew_Channing.pdf-relationship with her daughter, he then, at the request of the mother visited Pupil A at ./Prohibition_order_Mr_Andrew_Channing.pdf-her house whilst she was intoxicated and subsequently provided private tuition for ./Prohibition_order_Mr_Andrew_Channing.pdf-pupil A at his home. We note from the written evidence of Individual D, the head ./Prohibition_order_Mr_Andrew_Channing.pdf-teacher at the time and from the oral testimony of his deputy Witness B that senior ./Prohibition_order_Mr_Andrew_Channing.pdf-management at the school were unaware of either the allegation or the visit to the ./Prohibition_order_Mr_Andrew_Channing.pdf-house. We do not find Mr Channing’s actions as described above to be consistent ./Prohibition_order_Mr_Andrew_Channing.pdf:with the behavior of a member of staff who had been wrongfully accused of sexual ./Prohibition_order_Mr_Andrew_Channing.pdf-misconduct with a pupil. ./Prohibition_order_Mr_Andrew_Channing.pdf- ./Prohibition_order_Mr_Andrew_Channing.pdf-Pupil A alleged that she lost her virginity to Mr Channing on 14 February 2002 when ./Prohibition_order_Mr_Andrew_Channing.pdf:aged 14 and that there had been regular sexual contact thereafter. In her oral ./Prohibition_order_Mr_Andrew_Channing.pdf-evidence she told the Panel that Valentine’s Day was 'forever etched on her ./Prohibition_order_Mr_Andrew_Channing.pdf-memory'. The Panel found her oral evidence compelling. Mr Channing presented ./Prohibition_order_Mr_Andrew_Channing.pdf-evidence to suggest that he and his parents had been erecting a shed in his garden ./Prohibition_order_Mr_Andrew_Channing.pdf- ./Prohibition_order_Mr_Andrew_Channing.pdf- 27 ./Prohibition_order_Mr_Andrew_Channing.pdf- -- ./Prohibition_order_Mr_Andrew_Channing.pdf-on the 14th February 2002 and that pupil A’s account was therefore untrue. The ./Prohibition_order_Mr_Andrew_Channing.pdf-Panel noted that the corroborating evidence had been provided by family members ./Prohibition_order_Mr_Andrew_Channing.pdf-and contained some inconsistencies. The date on which the shed was claimed to ./Prohibition_order_Mr_Andrew_Channing.pdf-have been erected had been arrived at by a process of deduction/elimination based ./Prohibition_order_Mr_Andrew_Channing.pdf-on the weather forecasts from 2002. The Panel did not consider Mr Channing’s ./Prohibition_order_Mr_Andrew_Channing.pdf-evidence regarding his whereabouts on that day to be reliable. ./Prohibition_order_Mr_Andrew_Channing.pdf- ./Prohibition_order_Mr_Andrew_Channing.pdf:Pupil A also alleged that she and Mr Channing had sexual intercourse during a ./Prohibition_order_Mr_Andrew_Channing.pdf-weekend in August 2003. Mr Channing produced witness statements from family ./Prohibition_order_Mr_Andrew_Channing.pdf-members and friends and also provided evidence in the form of bank statements to ./Prohibition_order_Mr_Andrew_Channing.pdf-support his contention that he was not at home during the weekends in question. In ./Prohibition_order_Mr_Andrew_Channing.pdf-weighing the evidence the Panel took into account that the written statements had ./Prohibition_order_Mr_Andrew_Channing.pdf-been made by family members and friends and had not been tested under oath. The ./Prohibition_order_Mr_Andrew_Channing.pdf-Panel was of the view that the bank statements did not provide definitive proof of Mr ./Prohibition_order_Mr_Andrew_Channing.pdf-Channing's whereabouts at the time alleged. In contrast the Panel found Pupil A’s ./Prohibition_order_Mr_Andrew_Channing.pdf-evidence to be credible. ./Prohibition_order_Mr_Andrew_Channing.pdf- ./Prohibition_order_Mr_Andrew_Channing.pdf-The Panel also considered the evidence produced of email contact between Mr -- ./Prohibition_order_Mr_Andrew_Channing.pdf-and declaring and upholding of proper standards of conduct are of the utmost ./Prohibition_order_Mr_Andrew_Channing.pdf-importance. Nevertheless we have sought to approach these issues bearing in mind ./Prohibition_order_Mr_Andrew_Channing.pdf-the principle of proportionality and have carefully considered the submissions of Mr ./Prohibition_order_Mr_Andrew_Channing.pdf-Channing's representative. In particular, that at the time that the misconduct occurred ./Prohibition_order_Mr_Andrew_Channing.pdf-he was a young and inexperienced teacher in his first teaching post and that a ./Prohibition_order_Mr_Andrew_Channing.pdf-Prohibition Order would have an adverse impact on pupils who are currently being ./Prohibition_order_Mr_Andrew_Channing.pdf-taught by Mr Channing. ./Prohibition_order_Mr_Andrew_Channing.pdf- ./Prohibition_order_Mr_Andrew_Channing.pdf-We have concluded that in this instance it would be a proportionate and appropriate ./Prohibition_order_Mr_Andrew_Channing.pdf-response to recommend that a Prohibition Order is made. Mr Channing's conduct in ./Prohibition_order_Mr_Andrew_Channing.pdf:pursuing and maintaining an abusive sexual relationship with a vulnerable, underage ./Prohibition_order_Mr_Andrew_Channing.pdf-pupil constitutes a very serious departure from the standards of behaviour expected ./Prohibition_order_Mr_Andrew_Channing.pdf-of a teacher. The abuse of trust and violation of the rights of the pupil have had a ./Prohibition_order_Mr_Andrew_Channing.pdf-lasting impact on her wellbeing and self-esteem. In the view of the Panel Mr ./Prohibition_order_Mr_Andrew_Channing.pdf-Channing has demonstrated little insight into the consequences of his actions. Given ./Prohibition_order_Mr_Andrew_Channing.pdf-the abusive nature of the misconduct and that it was sustained over a considerable ./Prohibition_order_Mr_Andrew_Channing.pdf-period of time the Panel are of the view that there is a significant risk of a re- ./Prohibition_order_Mr_Andrew_Channing.pdf-occurrence with another pupil. Accordingly, we recommend to the Secretary of State ./Prohibition_order_Mr_Andrew_Channing.pdf-that a Prohibition Order is imposed with no provision for Mr Channing to have that ./Prohibition_order_Mr_Andrew_Channing.pdf-Order set aside. ./Prohibition_order_Mr_Andrew_Channing.pdf- ./Prohibition_order_Mr_Andrew_Channing.pdf-Secretary of State’s Decision and Reasons ./Prohibition_order_Mr_Andrew_Channing.pdf- ./Prohibition_order_Mr_Andrew_Channing.pdf-I have given very careful consideration to this case and to the recommendations ./Prohibition_order_Mr_Andrew_Channing.pdf-made by the Panel to me in respect of both sanction and review period. ./Prohibition_order_Mr_Andrew_Channing.pdf- ./Prohibition_order_Mr_Andrew_Channing.pdf-The Panel has found the facts of this case proven and that those facts amount to ./Prohibition_order_Mr_Andrew_Channing.pdf-unacceptable professional conduct. The conduct found proven against Mr Channing ./Prohibition_order_Mr_Andrew_Channing.pdf-is of a very serious nature. Mr Channing has seriously abused the trust expected of a ./Prohibition_order_Mr_Andrew_Channing.pdf:teacher. He pursued and sustained a sexual relationship with a vulnerable pupil. His ./Prohibition_order_Mr_Andrew_Channing.pdf-behaviour has had a serious impact upon her well-being. It is conduct that falls ./Prohibition_order_Mr_Andrew_Channing.pdf-significantly below that expected. ./Prohibition_order_Mr_Andrew_Channing.pdf- ./Prohibition_order_Mr_Andrew_Channing.pdf-I accept the recommendation of the Panel that Mr Channing should be prohibited ./Prohibition_order_Mr_Andrew_Channing.pdf-from teaching. This appears to me to be both proportionate and in the public interest. ./Prohibition_order_Mr_Andrew_Channing.pdf- ./Prohibition_order_Mr_Andrew_Channing.pdf-I have also considered the matter of a review period. ./Prohibition_order_Mr_Andrew_Channing.pdf- ./Prohibition_order_Mr_Andrew_Channing.pdf- ./Prohibition_order_Mr_Andrew_Channing.pdf- ./prohibition_order_mr_andrew_charles_hillary.pdf-that request was granted and confirmed by letter from the Teaching Agency dated ./prohibition_order_mr_andrew_charles_hillary.pdf-the 1st March 2013. ./prohibition_order_mr_andrew_charles_hillary.pdf- ./prohibition_order_mr_andrew_charles_hillary.pdf-The Panel have in their hearing bundle at pages 10 to 12 a Statement of Agreed ./prohibition_order_mr_andrew_charles_hillary.pdf-Facts signed by Mr Hillary on the 20 February 2013 and by the Presenting Officer on ./prohibition_order_mr_andrew_charles_hillary.pdf-the 27 February 2013. ./prohibition_order_mr_andrew_charles_hillary.pdf- ./prohibition_order_mr_andrew_charles_hillary.pdf-The Statement of Agreed Facts confirmed that when the police searched Mr Hillary's ./prohibition_order_mr_andrew_charles_hillary.pdf-home they found 100,000 indecent child images and videos ranging from levels 1-5 ./prohibition_order_mr_andrew_charles_hillary.pdf-on the Copine Scale. In a Police interview Mr Hillary said that the photographs were ./prohibition_order_mr_andrew_charles_hillary.pdf:for his own sexual gratification and this was a sex interest that had being going on ./prohibition_order_mr_andrew_charles_hillary.pdf-for many years. ./prohibition_order_mr_andrew_charles_hillary.pdf- ./prohibition_order_mr_andrew_charles_hillary.pdf-In the week commencing the 11 June 2012 Mr Hillary admitted that he played a ./prohibition_order_mr_andrew_charles_hillary.pdf-horror film entitled 'The Awakening' to a group of Year 7 pupils. The film is a ./prohibition_order_mr_andrew_charles_hillary.pdf-certificate 15 film and Mr Hillary admitted that he did not have the approval from any ./prohibition_order_mr_andrew_charles_hillary.pdf- ./prohibition_order_mr_andrew_david_riley.pdf- ./prohibition_order_mr_andrew_david_riley.pdf-The hearing took place in public and was recorded. ./prohibition_order_mr_andrew_david_riley.pdf- ./prohibition_order_mr_andrew_david_riley.pdf-B. Allegations ./prohibition_order_mr_andrew_david_riley.pdf- ./prohibition_order_mr_andrew_david_riley.pdf-The Panel considered the allegations set out in the Notice of Proceedings dated 13 ./prohibition_order_mr_andrew_david_riley.pdf-March 2012. ./prohibition_order_mr_andrew_david_riley.pdf- ./prohibition_order_mr_andrew_david_riley.pdf-It was alleged that Mr Riley was guilty of unacceptable professional conduct, in that: ./prohibition_order_mr_andrew_david_riley.pdf- ./prohibition_order_mr_andrew_david_riley.pdf:1. In around May 2005, accessed and/or downloaded pornographic material using ./prohibition_order_mr_andrew_david_riley.pdf- his School laptop; ./prohibition_order_mr_andrew_david_riley.pdf- ./prohibition_order_mr_andrew_david_riley.pdf-2. Between around May and September 2005, exchanged inappropriate instant ./prohibition_order_mr_andrew_david_riley.pdf- messages with Pupil A, in which he: ./prohibition_order_mr_andrew_david_riley.pdf- ./prohibition_order_mr_andrew_david_riley.pdf: a. referred to pornographic websites and/or websites with sexual content; ./prohibition_order_mr_andrew_david_riley.pdf: b. suggested that Pupil A should engage in internet sex via laptops during a trip ./prohibition_order_mr_andrew_david_riley.pdf- to Manchester with him; ./prohibition_order_mr_andrew_david_riley.pdf- -- ./prohibition_order_mr_andrew_david_riley.pdf- 2 ./prohibition_order_mr_andrew_david_riley.pdf- ./prohibition_order_mr_andrew_david_riley.pdf- ./prohibition_order_mr_andrew_david_riley.pdf- c. offered to provide cocaine to Pupil A, and/or referred to his personal use of ./prohibition_order_mr_andrew_david_riley.pdf- cocaine; ./prohibition_order_mr_andrew_david_riley.pdf: d. made sexual comments; ./prohibition_order_mr_andrew_david_riley.pdf- e. made derogatory comments about members of staff and/or pupils at the ./prohibition_order_mr_andrew_david_riley.pdf- School; ./prohibition_order_mr_andrew_david_riley.pdf- f. encouraged Pupil A to send him inappropriate photographs of herself; ./prohibition_order_mr_andrew_david_riley.pdf- g. sent Pupil A inappropriate photographs of himself; ./prohibition_order_mr_andrew_david_riley.pdf- ./prohibition_order_mr_andrew_david_riley.pdf-3. On or around 28 June 2005 and/or 7 July 2005, he provided cocaine to Pupil A; ./prohibition_order_mr_andrew_david_riley.pdf- ./prohibition_order_mr_andrew_david_riley.pdf-4. On or around 28 June 2005 and/or 7 July 2005, he used cocaine in Pupil A’s ./prohibition_order_mr_andrew_david_riley.pdf- presence; ./prohibition_order_mr_andrew_david_riley.pdf- ./prohibition_order_mr_andrew_david_riley.pdf-5. On an unknown date in 2005, he provided cannabis to Pupil A; ./prohibition_order_mr_andrew_david_riley.pdf- ./prohibition_order_mr_andrew_david_riley.pdf-6. Between around May and around September 2005, had an inappropriate ./prohibition_order_mr_andrew_david_riley.pdf- relationship with Pupil A in that he: ./prohibition_order_mr_andrew_david_riley.pdf- ./prohibition_order_mr_andrew_david_riley.pdf: a. had a sexual relationship with Pupil A; ./prohibition_order_mr_andrew_david_riley.pdf- b. took Pupil A to Snow Heights in the School minibus on or around 11 July ./prohibition_order_mr_andrew_david_riley.pdf- 2005; ./prohibition_order_mr_andrew_david_riley.pdf- c. stayed in a Manchester hotel with Pupil A on or around 29 June 2005 and/or 7 ./prohibition_order_mr_andrew_david_riley.pdf- July 2005; ./prohibition_order_mr_andrew_david_riley.pdf- d. played a drinking game with Pupil A on 27-28 May 2005, in which he passed ./prohibition_order_mr_andrew_david_riley.pdf- alcohol between his mouth and Pupil A’s mouth; ./prohibition_order_mr_andrew_david_riley.pdf- e. touched Pupil A in an inappropriate manner; ./prohibition_order_mr_andrew_david_riley.pdf- ./prohibition_order_mr_andrew_david_riley.pdf-7. At the ‘Leaver’s Ball’ event at the De Vere Hotel, on 27 and 28 May 2005, he: ./prohibition_order_mr_andrew_david_riley.pdf- -- ./prohibition_order_mr_andrew_david_riley.pdf- ./prohibition_order_mr_andrew_david_riley.pdf- Recounted how Pupil A had given a teacher a CD containing messages that had ./prohibition_order_mr_andrew_david_riley.pdf- been exchanged with Mr Riley. That had prompted Witness A to begin an ./prohibition_order_mr_andrew_david_riley.pdf- investigation which was suspended whilst the police investigated the matter. ./prohibition_order_mr_andrew_david_riley.pdf- ./prohibition_order_mr_andrew_david_riley.pdf- Detailed the School’s IT policies, confirmed that Mr Riley would have been aware ./prohibition_order_mr_andrew_david_riley.pdf- of those and that Mr Riley’s laptop would have been password protected. The ./prohibition_order_mr_andrew_david_riley.pdf- laptop had originally been taken by the police and when it was returned by the ./prohibition_order_mr_andrew_david_riley.pdf- school Witness A had asked the network manager to gain access to it. There ./prohibition_order_mr_andrew_david_riley.pdf- were various school based documents but in a folder he found still and moving ./prohibition_order_mr_andrew_david_riley.pdf: pornographic images, and he had written down the websites they had been ./prohibition_order_mr_andrew_david_riley.pdf- obtained from. When he first interviewed Mr Riley he had denied that he had ./prohibition_order_mr_andrew_david_riley.pdf- viewed the sites in question. Mr Riley later said that he had given pupils access to ./prohibition_order_mr_andrew_david_riley.pdf- the laptop and inferred some of them had put the material on it. Witness A did not ./prohibition_order_mr_andrew_david_riley.pdf- think that likely, particularly since Mr Riley had said that he had not given his ./prohibition_order_mr_andrew_david_riley.pdf- password to any pupils. ./prohibition_order_mr_andrew_david_riley.pdf- ./prohibition_order_mr_andrew_david_riley.pdf- Confirmed that the messages exchanged between Mr Riley and Pupil A had ./prohibition_order_mr_andrew_david_riley.pdf- come from the CD provided by Pupil A and the dates of those matched various ./prohibition_order_mr_andrew_david_riley.pdf- school activities mentioned in the messages. ./prohibition_order_mr_andrew_david_riley.pdf- -- ./prohibition_order_mr_andrew_david_riley.pdf- 5 ./prohibition_order_mr_andrew_david_riley.pdf- ./prohibition_order_mr_andrew_david_riley.pdf- ./prohibition_order_mr_andrew_david_riley.pdf-It is alleged that in 2005 whilst employed at the Baines School, Poulton Le Fylde, ./prohibition_order_mr_andrew_david_riley.pdf:Lancashire Mr Riley engaged in inappropriate behaviour involving pornography, ./prohibition_order_mr_andrew_david_riley.pdf-drugs and alcohol, exchanged inappropriate instant messages with a pupil and had ./prohibition_order_mr_andrew_david_riley.pdf-an inappropriate relationship with that pupil. ./prohibition_order_mr_andrew_david_riley.pdf- ./prohibition_order_mr_andrew_david_riley.pdf-Findings of fact ./prohibition_order_mr_andrew_david_riley.pdf- ./prohibition_order_mr_andrew_david_riley.pdf-Our findings of fact are as follows: ./prohibition_order_mr_andrew_david_riley.pdf- ./prohibition_order_mr_andrew_david_riley.pdf-We have found the following particulars of the allegations against Mr Riley proven, ./prohibition_order_mr_andrew_david_riley.pdf-for these reasons: ./prohibition_order_mr_andrew_david_riley.pdf- ./prohibition_order_mr_andrew_david_riley.pdf-Whilst employed as a teacher at Baines School between 1 June 1997 and 8 ./prohibition_order_mr_andrew_david_riley.pdf-December 2008, he: ./prohibition_order_mr_andrew_david_riley.pdf- ./prohibition_order_mr_andrew_david_riley.pdf:1. In around May 2005, accessed and/or downloaded pornographic material using ./prohibition_order_mr_andrew_david_riley.pdf- his School laptop; ./prohibition_order_mr_andrew_david_riley.pdf- ./prohibition_order_mr_andrew_david_riley.pdf- We have heard direct oral evidence about this allegation from Witness A, the ./prohibition_order_mr_andrew_david_riley.pdf- Headteacher at the school. He gave entirely credible evidence about the data ./prohibition_order_mr_andrew_david_riley.pdf- stored on the laptop and we accept that the material in question is as listed at ./prohibition_order_mr_andrew_david_riley.pdf- page 637. From the names of the websites alone it can clearly be seen that the ./prohibition_order_mr_andrew_david_riley.pdf: material was pornographic in nature. It is particularly concerning that one site ./prohibition_order_mr_andrew_david_riley.pdf- referred to is www.schoolgirlpain.com. ./prohibition_order_mr_andrew_david_riley.pdf- ./prohibition_order_mr_andrew_david_riley.pdf- We do not find Mr Riley’s explanation that pupils had stored this material in the ./prohibition_order_mr_andrew_david_riley.pdf- laptop credible. Witness A confirmed that the laptop was password protected and ./prohibition_order_mr_andrew_david_riley.pdf- Mr Riley had confirmed that he had not divulged his password to anyone. ./prohibition_order_mr_andrew_david_riley.pdf- Further, It seems unlikely that Mr Riley would not have noticed that pupils were ./prohibition_order_mr_andrew_david_riley.pdf- using his laptop for this purpose and the storage of the material in one, unusual ./prohibition_order_mr_andrew_david_riley.pdf- location - ‘My Music’, suggests that this was an organised form of storage by the ./prohibition_order_mr_andrew_david_riley.pdf- user of the laptop. ./prohibition_order_mr_andrew_david_riley.pdf- ./prohibition_order_mr_andrew_david_riley.pdf- Witness A also gave credible evidence that the school had policies and ./prohibition_order_mr_andrew_david_riley.pdf- procedures in place which Mr Riley would have been familiar with. In particular, ./prohibition_order_mr_andrew_david_riley.pdf- he confirmed that Mr Riley’s signature appears on the school’s Staff Acceptable ./prohibition_order_mr_andrew_david_riley.pdf- Use Policy and Laptop Use Policy at page 661. Accordingly Mr Riley should not ./prohibition_order_mr_andrew_david_riley.pdf- have been in any doubt that the laptop should not have been used for this ./prohibition_order_mr_andrew_david_riley.pdf- purpose. ./prohibition_order_mr_andrew_david_riley.pdf- ./prohibition_order_mr_andrew_david_riley.pdf-2. Between around May and September 2005, exchanged inappropriate instant ./prohibition_order_mr_andrew_david_riley.pdf- messages with Pupil A, in which he: ./prohibition_order_mr_andrew_david_riley.pdf- ./prohibition_order_mr_andrew_david_riley.pdf: a. referred to pornographic websites and/or websites with sexual content; ./prohibition_order_mr_andrew_david_riley.pdf: b. suggested that Pupil A should engage in internet sex via laptops during a trip ./prohibition_order_mr_andrew_david_riley.pdf- to Manchester with him; ./prohibition_order_mr_andrew_david_riley.pdf- c. offered to provide cocaine to Pupil A, and/or referred to his personal use of ./prohibition_order_mr_andrew_david_riley.pdf- cocaine; ./prohibition_order_mr_andrew_david_riley.pdf: d. made sexual comments; ./prohibition_order_mr_andrew_david_riley.pdf- -- ./prohibition_order_mr_andrew_david_riley.pdf- the relationship between him and Pupil A as a teacher and pupil. It is ./prohibition_order_mr_andrew_david_riley.pdf- inconceivable that, in his position as the head of the sixth form with responsibility ./prohibition_order_mr_andrew_david_riley.pdf- for a cohort of about 250 students and a senior pastoral role, Mr Riley would not ./prohibition_order_mr_andrew_david_riley.pdf- have been fully aware that Pupil A was a pupil under his care and she would ./prohibition_order_mr_andrew_david_riley.pdf- have been considered as such. ./prohibition_order_mr_andrew_david_riley.pdf- ./prohibition_order_mr_andrew_david_riley.pdf- With regard to the specific content of the messages we highlight the following ./prohibition_order_mr_andrew_david_riley.pdf- extracts in respect of each allegation. These and others are clearly inappropriate ./prohibition_order_mr_andrew_david_riley.pdf- between a teacher and a pupil : ./prohibition_order_mr_andrew_david_riley.pdf- ./prohibition_order_mr_andrew_david_riley.pdf: a. page 603 – “www3.kinghost.com.hardcore/fcsex…” ./prohibition_order_mr_andrew_david_riley.pdf- b. page268 – “…me in the bathroom, you in the bedroom, two laptops and type ./prohibition_order_mr_andrew_david_riley.pdf: messages all night…internet sex!!!!!!” ./prohibition_order_mr_andrew_david_riley.pdf- c. page 297 – “…on a mixture of champagne, coke and ecstasy…” ./prohibition_order_mr_andrew_david_riley.pdf- d. page 371 – “…come in on Monday and I’ll shag you in the office…” ./prohibition_order_mr_andrew_david_riley.pdf- e. page 555 – “…shes worse than you used to be in terms of depression…” ./prohibition_order_mr_andrew_david_riley.pdf- f. page 437 – “…skirt off ?(I CANNOT believe im doing this) ./prohibition_order_mr_andrew_david_riley.pdf- g. page 434 – “…ive just taken a video clip of me takin my shirt off…” ./prohibition_order_mr_andrew_david_riley.pdf- ./prohibition_order_mr_andrew_david_riley.pdf-6. Between around May and around September 2005, had an inappropriate ./prohibition_order_mr_andrew_david_riley.pdf- relationship with Pupil A in that he: ./prohibition_order_mr_andrew_david_riley.pdf- ./prohibition_order_mr_andrew_david_riley.pdf: a. had a sexual relationship with Pupil A; ./prohibition_order_mr_andrew_david_riley.pdf- b. took Pupil A to Snow Heights in the School minibus on or around 11 July ./prohibition_order_mr_andrew_david_riley.pdf- 2005; ./prohibition_order_mr_andrew_david_riley.pdf- c. stayed in a Manchester hotel with Pupil A on or around 29 June 2005 and/or 7 ./prohibition_order_mr_andrew_david_riley.pdf- July 2005; ./prohibition_order_mr_andrew_david_riley.pdf- d. played a drinking game with Pupil A on 27-28 May 2005, in which he passed ./prohibition_order_mr_andrew_david_riley.pdf- alcohol between his mouth and Pupil A’s mouth; ./prohibition_order_mr_andrew_david_riley.pdf- e. touched Pupil A in an inappropriate manner; ./prohibition_order_mr_andrew_david_riley.pdf- ./prohibition_order_mr_andrew_david_riley.pdf- Despite Mr Riley’s assertion to the contrary we have the same view of his ./prohibition_order_mr_andrew_david_riley.pdf- relationship with Pupil A as with allegation 2, namely that she was a pupil at the -- ./prohibition_order_mr_andrew_david_riley.pdf- and d took place in the context of school related activities. ./prohibition_order_mr_andrew_david_riley.pdf- ./prohibition_order_mr_andrew_david_riley.pdf- Mr Riley has admitted that he spent the night with Pupil A at a Manchester Hotel, ./prohibition_order_mr_andrew_david_riley.pdf- played a drinking game with Pupil A and when they spent the night together they ./prohibition_order_mr_andrew_david_riley.pdf- kissed and cuddled. In themselves these are clearly inappropriate and in the ./prohibition_order_mr_andrew_david_riley.pdf- context of them allegation b, which is also admitted, can be viewed as part of a ./prohibition_order_mr_andrew_david_riley.pdf- course of inappropriate conduct rather than an innocent trip. Further, ./prohibition_order_mr_andrew_david_riley.pdf- Witness A was clear in his evidence that it did not take place in accordance with ./prohibition_order_mr_andrew_david_riley.pdf- school protocols. ./prohibition_order_mr_andrew_david_riley.pdf- ./prohibition_order_mr_andrew_david_riley.pdf: We are not able to conclude on the balance of probabilities whether sexual ./prohibition_order_mr_andrew_david_riley.pdf- intercourse took place between Mr Riley and Pupil A. He has denied that and the ./prohibition_order_mr_andrew_david_riley.pdf- jury at the Crown Court must have considered there to be reasonable doubt in ./prohibition_order_mr_andrew_david_riley.pdf- that regard. However, that does not preclude us from making a finding of fact on ./prohibition_order_mr_andrew_david_riley.pdf- the balance of probabilities. Despite the content of some of the instant messages ./prohibition_order_mr_andrew_david_riley.pdf- and the statement of Pupil A we do not consider that there is sufficient evidence ./prohibition_order_mr_andrew_david_riley.pdf: before us to conclude that sexual intercourse took place. In particular we have ./prohibition_order_mr_andrew_david_riley.pdf- not heard direct oral evidence from Pupil A. Nevertheless, part a of the allegation ./prohibition_order_mr_andrew_david_riley.pdf: is drawn wider than this and sexual relationships can encompass a wide variety ./prohibition_order_mr_andrew_david_riley.pdf: of activities as occurred in this case, not least the sexual nature or context of the ./prohibition_order_mr_andrew_david_riley.pdf- instant messages. Further, by his own admission Mr Riley and Pupil A shared a ./prohibition_order_mr_andrew_david_riley.pdf- bed and at the very least kissed, cuddled and he massaged her. Accordingly we ./prohibition_order_mr_andrew_david_riley.pdf- find this part of the allegation is proved. ./prohibition_order_mr_andrew_david_riley.pdf- ./prohibition_order_mr_andrew_david_riley.pdf-7. At the ‘Leaver’s Ball’ event at the De Vere Hotel, on 27 and 28 May 2005, he: ./prohibition_order_mr_andrew_david_riley.pdf- ./prohibition_order_mr_andrew_david_riley.pdf- a. purchased alcohol for Pupil A and Pupil B, who were under the age of 18; ./prohibition_order_mr_andrew_david_riley.pdf- ./prohibition_order_mr_andrew_david_riley.pdf- Mr Riley has admitted the facts of this allegation. Even if true we do not find Mr ./prohibition_order_mr_andrew_david_riley.pdf- Riley’s assertion that other teachers were buying drinks is an excuse for his -- ./prohibition_order_mr_andrew_david_riley.pdf- 9 ./prohibition_order_mr_andrew_david_riley.pdf- ./prohibition_order_mr_andrew_david_riley.pdf- ./prohibition_order_mr_andrew_david_riley.pdf- Mr Riley’s actions were a clear breach of his position of trust which progressed from ./prohibition_order_mr_andrew_david_riley.pdf: support given to a vulnerable pupil to sexual behaviour. That was plainly a course of ./prohibition_order_mr_andrew_david_riley.pdf- conduct that is wholly unacceptable for a teacher to engage in and is behaviour that ./prohibition_order_mr_andrew_david_riley.pdf- the public would rightly be extremely concerned about. Further, any parent would be ./prohibition_order_mr_andrew_david_riley.pdf- alarmed by the content of the messages that passed between Mr Riley and Pupil A ./prohibition_order_mr_andrew_david_riley.pdf- and that he sought to pass those off as simply a conversation between two adults on ./prohibition_order_mr_andrew_david_riley.pdf- the same footing. This was clearly not the case. ./prohibition_order_mr_andrew_david_riley.pdf- ./prohibition_order_mr_andrew_david_riley.pdf-Panel’s Recommendation to the Secretary of State ./prohibition_order_mr_andrew_david_riley.pdf- ./prohibition_order_mr_andrew_david_riley.pdf- When considering what sanction, if any, to recommend we have had regard to “The ./prohibition_order_mr_andrew_david_riley.pdf- Prohibition of Teachers – DfE advice on factors relating to decisions leading to the -- ./prohibition_order_mr_andrew_david_riley.pdf- ./prohibition_order_mr_andrew_david_riley.pdf- We cannot see that there is any real mitigation in this case. Further, his letter to the ./prohibition_order_mr_andrew_david_riley.pdf- Teaching Agency reveals a disregard for these proceedings and a complete failure ./prohibition_order_mr_andrew_david_riley.pdf- to accept any responsibility. Mr Riley’s inappropriate contact with Pupil A was ./prohibition_order_mr_andrew_david_riley.pdf- sustained over a period of time and he acted entirely of his own free will. ./prohibition_order_mr_andrew_david_riley.pdf- ./prohibition_order_mr_andrew_david_riley.pdf- We have noted Witness A’s evidence that Mr Riley had previously been a competent ./prohibition_order_mr_andrew_david_riley.pdf- and enthusiastic teacher. It is therefore particularly disappointing that he abused his ./prohibition_order_mr_andrew_david_riley.pdf- position. ./prohibition_order_mr_andrew_david_riley.pdf- ./prohibition_order_mr_andrew_david_riley.pdf: In light of the importance of safeguarding and the serious nature of the sexual ./prohibition_order_mr_andrew_david_riley.pdf- misconduct with a pupil in this case we recommend that Mr Riley should be not be ./prohibition_order_mr_andrew_david_riley.pdf- allowed to apply to set aside the Prohibition Order. ./prohibition_order_mr_andrew_david_riley.pdf- -- ./prohibition_order_mr_andrew_david_riley.pdf-The panel has found a significant number of the facts proven and has found ./prohibition_order_mr_andrew_david_riley.pdf-that those facts amount to unacceptable professional conduct. I have noted ./prohibition_order_mr_andrew_david_riley.pdf-that there is little in the way of mitigation or insight offered by Mr Riley. ./prohibition_order_mr_andrew_david_riley.pdf- ./prohibition_order_mr_andrew_david_riley.pdf-I have considered the recommendation that Mr Riley should be prohibited from ./prohibition_order_mr_andrew_david_riley.pdf-teaching. The behaviour Mr Riley has exhibited is incompatible with being a ./prohibition_order_mr_andrew_david_riley.pdf-teacher and I support the recommendation of imposing a prohibition order. ./prohibition_order_mr_andrew_david_riley.pdf- ./prohibition_order_mr_andrew_david_riley.pdf-Finally I agree with the panel’s recommendation that Mr Riley should not be ./prohibition_order_mr_andrew_david_riley.pdf-allowed to apply to set aside the prohibition order in view of the serious nature ./prohibition_order_mr_andrew_david_riley.pdf:of the sexual misconduct with a pupil in this case and his lack of remorse. ./prohibition_order_mr_andrew_david_riley.pdf- ./prohibition_order_mr_andrew_david_riley.pdf-This means that Mr Andrew Riley is prohibited from teaching indefinitely and cannot ./prohibition_order_mr_andrew_david_riley.pdf-teach in any school, sixth form college, relevant youth accommodation or children’s ./prohibition_order_mr_andrew_david_riley.pdf-home in England. Furthermore, in view of the seriousness of the allegation(-s) found ./prohibition_order_mr_andrew_david_riley.pdf-proved against him, I have decided that Mr Andrew Riley shall not be entitled to ./prohibition_order_mr_andrew_david_riley.pdf-apply for restoration of his eligibility to teach. ./prohibition_order_mr_andrew_david_riley.pdf- ./prohibition_order_mr_andrew_david_riley.pdf-This Order takes effect from the date on which it is served on the Teacher. ./prohibition_order_mr_andrew_david_riley.pdf- ./prohibition_order_mr_andrew_david_riley.pdf-Mr Andrew Riley has a right of appeal to the Queen’s Bench Division of the High ./Prohibition_order_Mr_Andrew_Green (1).pdf-B. Allegations ./Prohibition_order_Mr_Andrew_Green (1).pdf-The panel considered the allegations set out in the Notice of Proceedings dated 5 March ./Prohibition_order_Mr_Andrew_Green (1).pdf-2015. ./Prohibition_order_Mr_Andrew_Green (1).pdf- ./Prohibition_order_Mr_Andrew_Green (1).pdf-It was alleged that Mr Andrew Green was guilty of unacceptable professional conduct ./Prohibition_order_Mr_Andrew_Green (1).pdf-and/or conduct that may bring the profession into disrepute, in that while he was ./Prohibition_order_Mr_Andrew_Green (1).pdf-employed at Shelley College, Huddersfield (“the College”): ./Prohibition_order_Mr_Andrew_Green (1).pdf- ./Prohibition_order_Mr_Andrew_Green (1).pdf- 1. On 14 July 2014, he: ./Prohibition_order_Mr_Andrew_Green (1).pdf: a. provided a description to Pupil A of a sexual act and / or acts which he ./Prohibition_order_Mr_Andrew_Green (1).pdf- engaged in with: ./Prohibition_order_Mr_Andrew_Green (1).pdf- i) Woman A ./Prohibition_order_Mr_Andrew_Green (1).pdf- ii) Woman B ./Prohibition_order_Mr_Andrew_Green (1).pdf- b. said to Pupil A: ./Prohibition_order_Mr_Andrew_Green (1).pdf- i) “I don’t know if you know this about men but they can cum straight ./Prohibition_order_Mr_Andrew_Green (1).pdf- away”, or words to that effect ./Prohibition_order_Mr_Andrew_Green (1).pdf- ii) in reference to the act(s) described at 1a above, he asked Pupil A ./Prohibition_order_Mr_Andrew_Green (1).pdf- if she thought “it would have been more enjoyable for you or for the ./Prohibition_order_Mr_Andrew_Green (1).pdf- woman/women?”, or words to that effect ./Prohibition_order_Mr_Andrew_Green (1).pdf- iii) “had Pupil A got any stories?”, or words to that effect -- ./Prohibition_order_Mr_Andrew_Green (1).pdf- i. touched and/or tapped Pupil A’s hip ./Prohibition_order_Mr_Andrew_Green (1).pdf- j. by his actions set out above you caused Pupil A to feel: ./Prohibition_order_Mr_Andrew_Green (1).pdf- a. distressed ./Prohibition_order_Mr_Andrew_Green (1).pdf- b. unsafe ./Prohibition_order_Mr_Andrew_Green (1).pdf: 2. His comment(s) as set out at 1b above were sexual in nature ./Prohibition_order_Mr_Andrew_Green (1).pdf- 3. On 15 July 2014, he sent Pupil A an email stating “Sorry about yesterday, I don’t ./Prohibition_order_Mr_Andrew_Green (1).pdf- know what came over me. I’ll buy you a present tomorrow to say SORRY!!! And ./Prohibition_order_Mr_Andrew_Green (1).pdf- we can concentrate on the maths rather than my stories” ./Prohibition_order_Mr_Andrew_Green (1).pdf- 4. His actions set out at 1a and / or 1b and / or 1c and / or 1d and / or 1e and / or 1f ./Prohibition_order_Mr_Andrew_Green (1).pdf- and / or 1g and / or 1h and / or 1i and / or 1j and / or 2 above were: ./Prohibition_order_Mr_Andrew_Green (1).pdf- a. Inappropriate ./Prohibition_order_Mr_Andrew_Green (1).pdf- b. In breach of the School’s requirement that you not talk to female pupils in ./Prohibition_order_Mr_Andrew_Green (1).pdf- private ./Prohibition_order_Mr_Andrew_Green (1).pdf- c. Sexually motivated ./Prohibition_order_Mr_Andrew_Green (1).pdf- ./Prohibition_order_Mr_Andrew_Green (1).pdf- ./Prohibition_order_Mr_Andrew_Green (1).pdf- ./Prohibition_order_Mr_Andrew_Green (1).pdf-In the Statement of Agreed Facts dated 8 January 2015, Mr Andrew Green admitted to ./Prohibition_order_Mr_Andrew_Green (1).pdf-all allegations set out within, save for the following: ./Prohibition_order_Mr_Andrew_Green (1).pdf- ./Prohibition_order_Mr_Andrew_Green (1).pdf:  After you had described the sexual act which you engaged in with Woman A and ./Prohibition_order_Mr_Andrew_Green (1).pdf- Woman B, you asked Pupil A if she thought it would be more enjoyable for you or ./Prohibition_order_Mr_Andrew_Green (1).pdf- for the woman/women. ./Prohibition_order_Mr_Andrew_Green (1).pdf- ./Prohibition_order_Mr_Andrew_Green (1).pdf-  You made comments to Pupil A whilst alone with her in the classroom including ./Prohibition_order_Mr_Andrew_Green (1).pdf- but not limited to: ./Prohibition_order_Mr_Andrew_Green (1).pdf- ./Prohibition_order_Mr_Andrew_Green (1).pdf- o “I don’t know if you know this about men but they can cum straight away”, ./Prohibition_order_Mr_Andrew_Green (1).pdf- or words to that effect ./Prohibition_order_Mr_Andrew_Green (1).pdf- ./Prohibition_order_Mr_Andrew_Green (1).pdf- o “had Pupil A got any stories?”, or words to that effect -- ./Prohibition_order_Mr_Andrew_Green (1).pdf- ./Prohibition_order_Mr_Andrew_Green (1).pdf-  You knew and/or ought to have known that by speaking to Pupil A in the manner ./Prohibition_order_Mr_Andrew_Green (1).pdf- you did and / or making physical contact with her you would cause her to feel: ./Prohibition_order_Mr_Andrew_Green (1).pdf- ./Prohibition_order_Mr_Andrew_Green (1).pdf- o distressed ./Prohibition_order_Mr_Andrew_Green (1).pdf- ./Prohibition_order_Mr_Andrew_Green (1).pdf- o unsafe ./Prohibition_order_Mr_Andrew_Green (1).pdf- ./Prohibition_order_Mr_Andrew_Green (1).pdf-  Your actions in relation to Pupil A were: ./Prohibition_order_Mr_Andrew_Green (1).pdf- ./Prohibition_order_Mr_Andrew_Green (1).pdf: o sexually motivated. ./Prohibition_order_Mr_Andrew_Green (1).pdf- ./Prohibition_order_Mr_Andrew_Green (1).pdf-It is also noted that in the Notice of Proceedings the following allegations were included ./Prohibition_order_Mr_Andrew_Green (1).pdf-which were not detailed in the Statement of Agreed Facts: ./Prohibition_order_Mr_Andrew_Green (1).pdf- ./Prohibition_order_Mr_Andrew_Green (1).pdf:2. Your comment(s) as set out at 1b above were sexual in nature; ./Prohibition_order_Mr_Andrew_Green (1).pdf- ./Prohibition_order_Mr_Andrew_Green (1).pdf-4. Your actions set out at 1a and/or 1b and/or 1c and/or 1d and/or 1e and/or 1f and/or 1g ./Prohibition_order_Mr_Andrew_Green (1).pdf-and/or 1h and/or 1i above were: ./Prohibition_order_Mr_Andrew_Green (1).pdf- ./Prohibition_order_Mr_Andrew_Green (1).pdf- a. Inappropriate. ./Prohibition_order_Mr_Andrew_Green (1).pdf- ./Prohibition_order_Mr_Andrew_Green (1).pdf- b. In breach of the School’s requirement that you not talk to female pupils in ./Prohibition_order_Mr_Andrew_Green (1).pdf- private. ./Prohibition_order_Mr_Andrew_Green (1).pdf- ./Prohibition_order_Mr_Andrew_Green (1).pdf- -- ./Prohibition_order_Mr_Andrew_Green (1).pdf- ./Prohibition_order_Mr_Andrew_Green (1).pdf-We have now carefully considered the case before us and have reached a decision. ./Prohibition_order_Mr_Andrew_Green (1).pdf- ./Prohibition_order_Mr_Andrew_Green (1).pdf-We confirm that we have read all the documents provided in the bundle in advance of the ./Prohibition_order_Mr_Andrew_Green (1).pdf-hearing. ./Prohibition_order_Mr_Andrew_Green (1).pdf- ./Prohibition_order_Mr_Andrew_Green (1).pdf-Mr Andrew Green was employed as a maths teacher at Shelley College, Huddersfield ./Prohibition_order_Mr_Andrew_Green (1).pdf-from 1 September 1991 until his retirement in July 2014. ./Prohibition_order_Mr_Andrew_Green (1).pdf- ./Prohibition_order_Mr_Andrew_Green (1).pdf-It is alleged that during a one to one lesson on 14 July 2014 Mr Green inappropriately ./Prohibition_order_Mr_Andrew_Green (1).pdf:discussed with Pupil A matters of a sexual nature. It is also alleged that Mr Green ./Prohibition_order_Mr_Andrew_Green (1).pdf-touched Pupil A inappropriately, on or around the same time the comments were being ./Prohibition_order_Mr_Andrew_Green (1).pdf-made. During the course of this lesson the actions of Mr Green are alleged to have made ./Prohibition_order_Mr_Andrew_Green (1).pdf-Pupil A feel distressed and unsafe. It is also alleged that the actions of Mr Green were ./Prohibition_order_Mr_Andrew_Green (1).pdf:sexually motivated. ./Prohibition_order_Mr_Andrew_Green (1).pdf- ./Prohibition_order_Mr_Andrew_Green (1).pdf-Findings of Fact ./Prohibition_order_Mr_Andrew_Green (1).pdf-On the balance of probabilities, the panel found the following facts to be proven: ./Prohibition_order_Mr_Andrew_Green (1).pdf- ./Prohibition_order_Mr_Andrew_Green (1).pdf:Particular 1(a) That you provided a description to Pupil A of a sexual act and / or ./Prohibition_order_Mr_Andrew_Green (1).pdf-acts which you engaged in with: ./Prohibition_order_Mr_Andrew_Green (1).pdf- ./Prohibition_order_Mr_Andrew_Green (1).pdf-i) Woman A ./Prohibition_order_Mr_Andrew_Green (1).pdf- ./Prohibition_order_Mr_Andrew_Green (1).pdf-ii) Woman B ./Prohibition_order_Mr_Andrew_Green (1).pdf- ./Prohibition_order_Mr_Andrew_Green (1).pdf-This allegation has been admitted by Mr Green and the allegation was supported by the ./Prohibition_order_Mr_Andrew_Green (1).pdf-written and oral evidence of Pupil A. This evidence was accepted by the panel. ./Prohibition_order_Mr_Andrew_Green (1).pdf- ./Prohibition_order_Mr_Andrew_Green (1).pdf-Particular 1 (b) That you said to Pupil A: -- ./Prohibition_order_Mr_Andrew_Green (1).pdf-felt unsafe. She referred to feeling scared as a result of the fact that she was on her own ./Prohibition_order_Mr_Andrew_Green (1).pdf-in an isolated classroom with Mr Green having an inappropriate conversation. She also ./Prohibition_order_Mr_Andrew_Green (1).pdf-referred to the fact that Mr Green was standing between her and the door to the ./Prohibition_order_Mr_Andrew_Green (1).pdf-classroom and she wondered what he would do if she tried to leave. Pupil A confirmed ./Prohibition_order_Mr_Andrew_Green (1).pdf-that she did not fully understand the concept of “distressed” but that she did feel upset ./Prohibition_order_Mr_Andrew_Green (1).pdf-and “beyond uncomfortable.” Although Pupil A’s distress may not have been visible to ./Prohibition_order_Mr_Andrew_Green (1).pdf-Mr Green in the classroom, the panel is satisfied that the actions of Mr Green did cause ./Prohibition_order_Mr_Andrew_Green (1).pdf-Pupil A to feel distressed and unsafe. Pupil A confirmed in oral evidence that the incident ./Prohibition_order_Mr_Andrew_Green (1).pdf-on 14 July 2014 is still something that she thinks about now. ./Prohibition_order_Mr_Andrew_Green (1).pdf- ./Prohibition_order_Mr_Andrew_Green (1).pdf:Particular 2 – That your comment(s) as set out at 1b above were sexual in nature ./Prohibition_order_Mr_Andrew_Green (1).pdf- ./Prohibition_order_Mr_Andrew_Green (1).pdf-The panel considers that, based on their ordinary meaning, the comments set out at 1b ./Prohibition_order_Mr_Andrew_Green (1).pdf:above were sexual in nature. ./Prohibition_order_Mr_Andrew_Green (1).pdf- ./Prohibition_order_Mr_Andrew_Green (1).pdf-Particular 3 – That on 15 July 2014, you sent Pupil A an email stating “Sorry about ./Prohibition_order_Mr_Andrew_Green (1).pdf-yesterday, I don’t know what came over me. I’ll buy you a present tomorrow to say ./Prohibition_order_Mr_Andrew_Green (1).pdf-SORRY!!! And we can concentrate on the maths rather than my stories” ./Prohibition_order_Mr_Andrew_Green (1).pdf- ./Prohibition_order_Mr_Andrew_Green (1).pdf-The allegation at particular 3 was admitted by Mr Green, is supported by Pupil A in ./Prohibition_order_Mr_Andrew_Green (1).pdf-written and oral evidence and there is documentary evidence showing that such an email ./Prohibition_order_Mr_Andrew_Green (1).pdf-was sent. This allegation is accepted by the panel. ./Prohibition_order_Mr_Andrew_Green (1).pdf- ./Prohibition_order_Mr_Andrew_Green (1).pdf-Particular 4 – That your actions set out at 1a and / or 1b and / or 1c and / or 1d and / -- ./Prohibition_order_Mr_Andrew_Green (1).pdf-In relation to allegation 4(b), the panel is satisfied that Mr Green was in breach of the ./Prohibition_order_Mr_Andrew_Green (1).pdf-School’s requirement not to talk to female students in private. In a written warning letter ./Prohibition_order_Mr_Andrew_Green (1).pdf-dated 22 September 2003 (page 31 of the bundle), the school clearly stated: “At no time ./Prohibition_order_Mr_Andrew_Green (1).pdf-are you to have one to one conversations with female students in school, in any area that ./Prohibition_order_Mr_Andrew_Green (1).pdf-would be considered private, e.g. classrooms with doors closed”. It is accepted that the ./Prohibition_order_Mr_Andrew_Green (1).pdf-written warning itself was to remain live for a period of 12 months only, but the panel was ./Prohibition_order_Mr_Andrew_Green (1).pdf-of the view that the instructions contained within the letter were not time limited. ./Prohibition_order_Mr_Andrew_Green (1).pdf- ./Prohibition_order_Mr_Andrew_Green (1).pdf:In relation to allegation 4(c), the panel considered the two stage test for sexual motivation ./Prohibition_order_Mr_Andrew_Green (1).pdf:– firstly whether the words/actions could be sexual and secondly whether the ./Prohibition_order_Mr_Andrew_Green (1).pdf:words/actions of Mr Green were sexual in all of the circumstances of the case. The panel ./Prohibition_order_Mr_Andrew_Green (1).pdf-was satisfied, as a result of the combination of the content of the discussion that took ./Prohibition_order_Mr_Andrew_Green (1).pdf-place together with the variety of physical contact, that Mr Green’s words and actions ./Prohibition_order_Mr_Andrew_Green (1).pdf:could be viewed as sexually motivated and indeed were. ./Prohibition_order_Mr_Andrew_Green (1).pdf- ./Prohibition_order_Mr_Andrew_Green (1).pdf-Findings as to unacceptable professional conduct and/or ./Prohibition_order_Mr_Andrew_Green (1).pdf-conduct that may bring the profession into disrepute ./Prohibition_order_Mr_Andrew_Green (1).pdf-Having found the facts of Particulars 1 to 4 proved, we further find that your actions in ./Prohibition_order_Mr_Andrew_Green (1).pdf-having inappropriate conversations and physical contact with Pupil A amount to ./Prohibition_order_Mr_Andrew_Green (1).pdf-unacceptable professional conduct and conduct that may bring the profession into ./Prohibition_order_Mr_Andrew_Green (1).pdf-disrepute. ./Prohibition_order_Mr_Andrew_Green (1).pdf- ./Prohibition_order_Mr_Andrew_Green (1).pdf-In considering the allegations that the panel has found proven, the panel has had regard ./Prohibition_order_Mr_Andrew_Green (1).pdf-to the definitions in the Teacher Misconduct – Prohibition of Teachers Advice, which we -- ./Prohibition_order_Mr_Andrew_Green (1).pdf- The panel has also considered whether Mr Green’s conduct displayed behaviours ./Prohibition_order_Mr_Andrew_Green (1).pdf- associated with any of the offences listed on page 8 and 9 of the Guidance and found ./Prohibition_order_Mr_Andrew_Green (1).pdf: the sexual motivation of Mr Green’s actions could be classified as sexual activity, ./Prohibition_order_Mr_Andrew_Green (1).pdf- which appears on the list of offences. ./Prohibition_order_Mr_Andrew_Green (1).pdf- ./Prohibition_order_Mr_Andrew_Green (1).pdf- Accordingly, the panel is satisfied that Mr Green is guilty of unacceptable professional ./Prohibition_order_Mr_Andrew_Green (1).pdf- conduct. ./Prohibition_order_Mr_Andrew_Green (1).pdf- ./Prohibition_order_Mr_Andrew_Green (1).pdf- The panel has taken into account how the teaching profession is viewed by others ./Prohibition_order_Mr_Andrew_Green (1).pdf- and considered the influence that teachers may have on pupils, parents and others in ./Prohibition_order_Mr_Andrew_Green (1).pdf- the community. The panel has taken account of the uniquely influential role that ./Prohibition_order_Mr_Andrew_Green (1).pdf- teachers can hold in pupils’ lives and that pupils must be able to view teachers as role ./Prohibition_order_Mr_Andrew_Green (1).pdf- models in the way they behave. Accordingly, the panel is satisfied that Mr Green is -- ./Prohibition_order_Mr_Andrew_Green (1).pdf-be given in order to be punitive, or to show that blame has been apportioned, although ./Prohibition_order_Mr_Andrew_Green (1).pdf-they are likely to have punitive effect. ./Prohibition_order_Mr_Andrew_Green (1).pdf- ./Prohibition_order_Mr_Andrew_Green (1).pdf-The panel has considered the particular public interest considerations set out in the ./Prohibition_order_Mr_Andrew_Green (1).pdf-Teacher Misconduct – The Prohibition of Teachers Advice and having done so has found ./Prohibition_order_Mr_Andrew_Green (1).pdf-a number of them to be relevant in this case, namely the protection of pupils, the ./Prohibition_order_Mr_Andrew_Green (1).pdf-maintenance of public confidence in the profession and declaring and upholding proper ./Prohibition_order_Mr_Andrew_Green (1).pdf-standards of conduct. ./Prohibition_order_Mr_Andrew_Green (1).pdf- ./Prohibition_order_Mr_Andrew_Green (1).pdf-In light of the panel’s findings against Mr Green, which involved inappropriate and ./Prohibition_order_Mr_Andrew_Green (1).pdf:sexually motivated comments and physical contact, there is a strong public interest ./Prohibition_order_Mr_Andrew_Green (1).pdf-consideration in respect of the protection of pupils given the serious findings of ./Prohibition_order_Mr_Andrew_Green (1).pdf-inappropriate relationships with children. Similarly, the panel considers that public ./Prohibition_order_Mr_Andrew_Green (1).pdf-confidence in the profession could be seriously weakened if conduct such as that found ./Prohibition_order_Mr_Andrew_Green (1).pdf-against Mr Green were not treated with the utmost seriousness when regulating the ./Prohibition_order_Mr_Andrew_Green (1).pdf-conduct of the profession. In addition, the panel considered that a strong public interest ./Prohibition_order_Mr_Andrew_Green (1).pdf-consideration in declaring proper standards of conduct in the profession was also present ./Prohibition_order_Mr_Andrew_Green (1).pdf-as the conduct found against Mr Green was outside that which could reasonably be ./Prohibition_order_Mr_Andrew_Green (1).pdf-tolerated. ./Prohibition_order_Mr_Andrew_Green (1).pdf- ./Prohibition_order_Mr_Andrew_Green (1).pdf- -- ./Prohibition_order_Mr_Andrew_Green (1).pdf-Green. The panel took further account of the guidance, which suggests that a prohibition ./Prohibition_order_Mr_Andrew_Green (1).pdf-order may be appropriate if certain behaviours of a teacher have been proven. In the list ./Prohibition_order_Mr_Andrew_Green (1).pdf-of such behaviours, those that are relevant in this case are: ./Prohibition_order_Mr_Andrew_Green (1).pdf- ./Prohibition_order_Mr_Andrew_Green (1).pdf-  serious departure from the personal and professional conduct elements of the ./Prohibition_order_Mr_Andrew_Green (1).pdf- Teachers’ Standards ./Prohibition_order_Mr_Andrew_Green (1).pdf-  misconduct seriously affecting the education and/or wellbeing of pupils, and ./Prohibition_order_Mr_Andrew_Green (1).pdf- particularly where there is a continuing risk ./Prohibition_order_Mr_Andrew_Green (1).pdf-  abuse of position or trust (particularly involving vulnerable pupils) or violation of the ./Prohibition_order_Mr_Andrew_Green (1).pdf- rights of pupils; and ./Prohibition_order_Mr_Andrew_Green (1).pdf:  sexual misconduct, e.g. involving actions that were sexually motivated or of a ./Prohibition_order_Mr_Andrew_Green (1).pdf: sexual nature and/or that use or exploit the trust, knowledge or influence derived ./Prohibition_order_Mr_Andrew_Green (1).pdf- from the individual’s professional position. ./Prohibition_order_Mr_Andrew_Green (1).pdf-Even though there were behaviours that would point to a prohibition order being ./Prohibition_order_Mr_Andrew_Green (1).pdf-appropriate, the panel went on to consider whether or not there were sufficient mitigating ./Prohibition_order_Mr_Andrew_Green (1).pdf-factors to militate against a prohibition order being an appropriate and proportionate ./Prohibition_order_Mr_Andrew_Green (1).pdf-measure to impose, particularly taking into account the nature and severity of the ./Prohibition_order_Mr_Andrew_Green (1).pdf-behaviour in this case. ./Prohibition_order_Mr_Andrew_Green (1).pdf- ./Prohibition_order_Mr_Andrew_Green (1).pdf-It is noted that Mr Green specifically states that he is offering no mitigation. He maintains ./Prohibition_order_Mr_Andrew_Green (1).pdf-that the incident on 14 July 2014 was simply a “silly story” that he has subsequently ./Prohibition_order_Mr_Andrew_Green (1).pdf-regretted and has apologised on various occasions to Pupil A. Whilst noting the ./Prohibition_order_Mr_Andrew_Green (1).pdf-apologies, the panel does not accept that this was simply a silly story and has found that ./Prohibition_order_Mr_Andrew_Green (1).pdf:Mr Green’s actions were sexually motivated and deliberate. The panel does not consider ./Prohibition_order_Mr_Andrew_Green (1).pdf-that Mr Green has shown an appropriate level of insight in respect of what has happened ./Prohibition_order_Mr_Andrew_Green (1).pdf-or any awareness of the impact of his behaviour on Pupil A. ./Prohibition_order_Mr_Andrew_Green (1).pdf- ./Prohibition_order_Mr_Andrew_Green (1).pdf-The panel also considered the following points: (1) there was no evidence to suggest that ./Prohibition_order_Mr_Andrew_Green (1).pdf-Mr Green was acting under duress, and in fact the panel found the teacher’s actions to ./Prohibition_order_Mr_Andrew_Green (1).pdf-be deliberate and motivated; and (2) the panel has seen evidence that shows the teacher ./Prohibition_order_Mr_Andrew_Green (1).pdf-was previously subject to disciplinary proceedings/warnings. ./Prohibition_order_Mr_Andrew_Green (1).pdf- ./Prohibition_order_Mr_Andrew_Green (1).pdf-The panel is of the view that prohibition is both proportionate and appropriate. We have ./Prohibition_order_Mr_Andrew_Green (1).pdf-decided that the public interest considerations outweigh the interests of Mr Green. -- ./Prohibition_order_Mr_Andrew_Green (1).pdf-The panel went on to consider whether or not it would be appropriate for them to decide ./Prohibition_order_Mr_Andrew_Green (1).pdf-to recommend that a review period of the order should be considered. The panel were ./Prohibition_order_Mr_Andrew_Green (1).pdf-mindful that the Teacher Misconduct – The Prohibition of Teachers Advice advises that a ./Prohibition_order_Mr_Andrew_Green (1).pdf-prohibition order applies for life, but there may be circumstances in any given case that ./Prohibition_order_Mr_Andrew_Green (1).pdf-may make it appropriate to allow a teacher to apply to have the prohibition order ./Prohibition_order_Mr_Andrew_Green (1).pdf-reviewed after a specified period of time that may not be less than two years. ./Prohibition_order_Mr_Andrew_Green (1).pdf- ./Prohibition_order_Mr_Andrew_Green (1).pdf-The Teacher Misconduct – The Prohibition of Teachers Advice indicates that there are ./Prohibition_order_Mr_Andrew_Green (1).pdf-behaviours that, if proven, would militate against a review period being recommended. ./Prohibition_order_Mr_Andrew_Green (1).pdf:One of these behaviours includes serious sexual misconduct, e.g. where the act was ./Prohibition_order_Mr_Andrew_Green (1).pdf:sexually motivated and resulted in or had the potential to result in, harm to a person or ./Prohibition_order_Mr_Andrew_Green (1).pdf-persons, particularly where the individual has used their professional position to influence ./Prohibition_order_Mr_Andrew_Green (1).pdf-or exploit a person or persons. The panel has found that Mr Green’s actions were ./Prohibition_order_Mr_Andrew_Green (1).pdf:sexually motivated and he has used his professional position to influence/exploit Pupil A. ./Prohibition_order_Mr_Andrew_Green (1).pdf-Whilst the panel could not be sure that Mr Green’s actions on 14 July 2014 would have ./Prohibition_order_Mr_Andrew_Green (1).pdf-resulted in harm to Pupil A, the panel cannot be sure that they would not have resulted in ./Prohibition_order_Mr_Andrew_Green (1).pdf-harm. As a result of the previous actions of Mr Green and his lack of insight in relation to ./Prohibition_order_Mr_Andrew_Green (1).pdf-the current incident, the panel considers there to be an ongoing risk associated with Mr ./Prohibition_order_Mr_Andrew_Green (1).pdf-Green and his behaviour. ./Prohibition_order_Mr_Andrew_Green (1).pdf- ./Prohibition_order_Mr_Andrew_Green (1).pdf-The panel felt the findings indicated a situation in which a review period would not be ./Prohibition_order_Mr_Andrew_Green (1).pdf-appropriate and as such decided that it would be proportionate in all the circumstances ./Prohibition_order_Mr_Andrew_Green (1).pdf-for the prohibition order to be recommended without provisions for a review period. ./Prohibition_order_Mr_Andrew_Green (1).pdf- -- ./Prohibition_order_Mr_Andrew_Green (1).pdf-In the circumstances I agree with the panel’s recommendation that prohibition is a ./Prohibition_order_Mr_Andrew_Green (1).pdf-proportionate and appropriate sanction. ./Prohibition_order_Mr_Andrew_Green (1).pdf- ./Prohibition_order_Mr_Andrew_Green (1).pdf-In considering whether to recommend a review period the panel have reflected on their ./Prohibition_order_Mr_Andrew_Green (1).pdf:finding that Mr Green’s actions were sexually motivated and he has used his professional ./Prohibition_order_Mr_Andrew_Green (1).pdf-position to influence/exploit Pupil A. As a result of the previous actions of Mr Green and ./Prohibition_order_Mr_Andrew_Green (1).pdf-his lack of insight in relation to the current incident, the panel considers there to be an ./Prohibition_order_Mr_Andrew_Green (1).pdf-ongoing risk associated with Mr Green and his behaviour. Accordingly they recommend ./Prohibition_order_Mr_Andrew_Green (1).pdf-that the order should be without the opportunity for Mr Green to apply to have it set aside. ./Prohibition_order_Mr_Andrew_Green (1).pdf-I agree with their recommendation. ./Prohibition_order_Mr_Andrew_Green (1).pdf- ./Prohibition_order_Mr_Andrew_Green (1).pdf-This means that Mr Andrew Green is prohibited from teaching indefinitely and ./Prohibition_order_Mr_Andrew_Green (1).pdf-cannot teach in any school, sixth form college, relevant youth accommodation or ./Prohibition_order_Mr_Andrew_Green (1).pdf-children’s home in England. Furthermore, in view of the seriousness of the allegations ./Prohibition_order_Mr_Andrew_Green (1).pdf-found proved against him, I have decided that Mr Andrew Green shall not be entitled to ./Prohibition_order_Mr_Andrew_Green.pdf-The panel considered the allegation(s) set out in the Notice of Proceedings dated 15 April ./Prohibition_order_Mr_Andrew_Green.pdf-2015. ./Prohibition_order_Mr_Andrew_Green.pdf- ./Prohibition_order_Mr_Andrew_Green.pdf-It was alleged that Mr Andrew Green was guilty of unacceptable professional conduct ./Prohibition_order_Mr_Andrew_Green.pdf-and/or conduct that may bring the profession into disrepute in that whilst he was ./Prohibition_order_Mr_Andrew_Green.pdf-employed as a Teacher at Lord Lawson of Beamish Community School during 2011 he: ./Prohibition_order_Mr_Andrew_Green.pdf- ./Prohibition_order_Mr_Andrew_Green.pdf-1. Engaged in an inappropriate relationship with Girl A, a child under the age of 16 years, ./Prohibition_order_Mr_Andrew_Green.pdf-in that he: ./Prohibition_order_Mr_Andrew_Green.pdf- ./Prohibition_order_Mr_Andrew_Green.pdf:a) Engaged in sexual intercourse with Girl A; ./Prohibition_order_Mr_Andrew_Green.pdf- ./Prohibition_order_Mr_Andrew_Green.pdf:b) Allowed Girl A to perform oral sex on him. ./Prohibition_order_Mr_Andrew_Green.pdf- ./Prohibition_order_Mr_Andrew_Green.pdf-2. Engaged in inappropriate communication with Girl A, a child under the age of 16 years, ./Prohibition_order_Mr_Andrew_Green.pdf-in that he: ./Prohibition_order_Mr_Andrew_Green.pdf- ./Prohibition_order_Mr_Andrew_Green.pdf:a) Sent sexually explicit text messages to Girl A; ./Prohibition_order_Mr_Andrew_Green.pdf- ./Prohibition_order_Mr_Andrew_Green.pdf:b) Sent sexually explicit photograph messages of himself to Girl A. ./Prohibition_order_Mr_Andrew_Green.pdf- ./Prohibition_order_Mr_Andrew_Green.pdf:3. His conduct at paragraphs 1 and/or 2 was sexually motivated. ./Prohibition_order_Mr_Andrew_Green.pdf- ./Prohibition_order_Mr_Andrew_Green.pdf-4. At the time he engaged in the conduct in paragraphs 1 and/or 2 he knew that Girl A ./Prohibition_order_Mr_Andrew_Green.pdf-was under the age of 16 years. ./Prohibition_order_Mr_Andrew_Green.pdf- ./Prohibition_order_Mr_Andrew_Green.pdf-Mr Green denied the facts of the allegations and furthermore denied that he was guilty of ./Prohibition_order_Mr_Andrew_Green.pdf-unacceptable professional conduct and/or conduct that may bring the profession into ./Prohibition_order_Mr_Andrew_Green.pdf-disrepute. ./Prohibition_order_Mr_Andrew_Green.pdf- ./Prohibition_order_Mr_Andrew_Green.pdf- ./Prohibition_order_Mr_Andrew_Green.pdf-C. Preliminary applications -- ./Prohibition_order_Mr_Andrew_Green.pdf- ./Prohibition_order_Mr_Andrew_Green.pdf-The panel decided it would be appropriate to consider the allegations in a different order ./Prohibition_order_Mr_Andrew_Green.pdf-to that set out in the Notice of Proceedings. ./Prohibition_order_Mr_Andrew_Green.pdf- ./Prohibition_order_Mr_Andrew_Green.pdf-4. Whilst he was employed as a Teacher at Lord Lawson of Beamish Community ./Prohibition_order_Mr_Andrew_Green.pdf-School during 2011, at the time he engaged in the conduct in paragraphs 1 and/or ./Prohibition_order_Mr_Andrew_Green.pdf-2, he knew that Girl A was under the age of 16 years. ./Prohibition_order_Mr_Andrew_Green.pdf- ./Prohibition_order_Mr_Andrew_Green.pdf-Girl A told the panel in evidence that she had told Mr Green that she was 15 years of age ./Prohibition_order_Mr_Andrew_Green.pdf-soon after they started communicating with each other. The discussion had taken place ./Prohibition_order_Mr_Andrew_Green.pdf:whilst they were having sexual intercourse when Mr Green told Girl A that Man A had told ./Prohibition_order_Mr_Andrew_Green.pdf-him that Girl A was 15 years of age and was this true? Girl A told him that it was true and ./Prohibition_order_Mr_Andrew_Green.pdf- ./Prohibition_order_Mr_Andrew_Green.pdf- 7 ./Prohibition_order_Mr_Andrew_Green.pdf- -- ./Prohibition_order_Mr_Andrew_Green.pdf-she was 15 years of age. In response to this disclosure Mr Green replied to the effect ./Prohibition_order_Mr_Andrew_Green.pdf-that this is a 'teacher's fantasy'. In a later text exchange Mr Green had made reference to ./Prohibition_order_Mr_Andrew_Green.pdf-her age by stating 'my year 10s would be very jealous'. Girl A admitted that she did not ./Prohibition_order_Mr_Andrew_Green.pdf-tell the police and at the time she had strong feelings for Mr Green. Girl A was very clear ./Prohibition_order_Mr_Andrew_Green.pdf:in her evidence that Mr Green was aware of her age before he sent her sexually explicit ./Prohibition_order_Mr_Andrew_Green.pdf-photographs. ./Prohibition_order_Mr_Andrew_Green.pdf- ./Prohibition_order_Mr_Andrew_Green.pdf-Mr Green in his police interviews maintained he had never met with Girl A. In his police ./Prohibition_order_Mr_Andrew_Green.pdf-interview on 28 June 2011 in reply to a question he said 'No I never met her'. In a further ./Prohibition_order_Mr_Andrew_Green.pdf-police interview on 5 December 2011 Mr Green confirmed he never met Girl A in ./Prohibition_order_Mr_Andrew_Green.pdf-person. In the police interview it was put to him that his sperm had been found in the ./Prohibition_order_Mr_Andrew_Green.pdf-crotch area of Girl A's knickers. Mr Green was unable to give any explanation as to the ./Prohibition_order_Mr_Andrew_Green.pdf-forensic evidence, but maintained he had not met Girl A. ./Prohibition_order_Mr_Andrew_Green.pdf- ./Prohibition_order_Mr_Andrew_Green.pdf-At page 342 of the hearing bundle is a document prepared by Mr Green for the police ./Prohibition_order_Mr_Andrew_Green.pdf-and purports to be his 'honest and open account of contact with [Girl A]'. In his account, ./Prohibition_order_Mr_Andrew_Green.pdf:Mr Green gives details of sexual intercourse taking place in a car and then on a further ./Prohibition_order_Mr_Andrew_Green.pdf:occasion in a car when oral sex took place. It is therefore clear that Mr Green lied to the ./Prohibition_order_Mr_Andrew_Green.pdf-police in their interviews, but later decided to give what he said was an 'honest and open ./Prohibition_order_Mr_Andrew_Green.pdf-account' of his contact with Girl A. The panel considers that these facts go to the ./Prohibition_order_Mr_Andrew_Green.pdf-credibility of Mr Green. ./Prohibition_order_Mr_Andrew_Green.pdf- ./Prohibition_order_Mr_Andrew_Green.pdf-Mr Green did not attend the hearing and therefore it was not possible for either the ./Prohibition_order_Mr_Andrew_Green.pdf-presenting officer or the panel to ask him questions about his account. Therefore the ./Prohibition_order_Mr_Andrew_Green.pdf-panel has not been able to test his account of what took place and has had to consider ./Prohibition_order_Mr_Andrew_Green.pdf-his hearsay evidence. ./Prohibition_order_Mr_Andrew_Green.pdf- ./Prohibition_order_Mr_Andrew_Green.pdf-Girl A was clear in her evidence that Mr Green did lie and she was equally clear that she ./Prohibition_order_Mr_Andrew_Green.pdf-had told Mr Green from the outset that she was 15 years of age. ./Prohibition_order_Mr_Andrew_Green.pdf- ./Prohibition_order_Mr_Andrew_Green.pdf-The panel has carefully examined the text exchanges between Girl A and Mr Green and ./Prohibition_order_Mr_Andrew_Green.pdf-cannot find any corroborative evidence that establishes the date when Mr Green became ./Prohibition_order_Mr_Andrew_Green.pdf-aware of the age of Girl A. In an analysis of the text messages commencing on 9 May ./Prohibition_order_Mr_Andrew_Green.pdf:2011, after the first sexual encounter on 7 May 2011 (G342), Mr Green makes the ./Prohibition_order_Mr_Andrew_Green.pdf-following comment 'Had y13 today. Looked at them a bit differently now!' which suggests ./Prohibition_order_Mr_Andrew_Green.pdf:to the panel that Girl A was of that age group ie 17/18. The evidence as to when oral sex ./Prohibition_order_Mr_Andrew_Green.pdf-took place suggests this happened a few days later. (G100/G343) ./Prohibition_order_Mr_Andrew_Green.pdf- ./Prohibition_order_Mr_Andrew_Green.pdf-From an analysis of the text messages on 11 June 2011, (G 37) onwards, the panel ./Prohibition_order_Mr_Andrew_Green.pdf-infers that by this date Mr Green was aware of Girl A's true age. The panel has ./Prohibition_order_Mr_Andrew_Green.pdf-considered the texts at G37, 39, 50, 51, 55, 56, 72, 79, 82 and 95. Therefore the National ./Prohibition_order_Mr_Andrew_Green.pdf-College has not established the precise date on which Mr Green became aware of her ./Prohibition_order_Mr_Andrew_Green.pdf-true age. ./Prohibition_order_Mr_Andrew_Green.pdf- ./Prohibition_order_Mr_Andrew_Green.pdf- ./Prohibition_order_Mr_Andrew_Green.pdf- -- ./Prohibition_order_Mr_Andrew_Green.pdf-Accordingly allegation 4 is not found proved as to the particulars in paragraph 1(a) and ./Prohibition_order_Mr_Andrew_Green.pdf-(b) because the panel is not satisfied, on the balance of probabilities, that Mr Green knew ./Prohibition_order_Mr_Andrew_Green.pdf-that Girl A was under the age of 16 years. However, the panel is satisfied that Mr Green ./Prohibition_order_Mr_Andrew_Green.pdf-was aware that Girl A was under the age of 16 years in relation to the particulars at ./Prohibition_order_Mr_Andrew_Green.pdf-allegations 2 (a) and (b) which will be detailed later in the reasons. ./Prohibition_order_Mr_Andrew_Green.pdf- ./Prohibition_order_Mr_Andrew_Green.pdf-The panel finds allegation 4 proved in part. ./Prohibition_order_Mr_Andrew_Green.pdf- ./Prohibition_order_Mr_Andrew_Green.pdf-1(a) Whilst he was employed as a Teacher at Lord Lawson of Beamish Community ./Prohibition_order_Mr_Andrew_Green.pdf:School during 2011, he engaged in sexual intercourse with Girl A. ./Prohibition_order_Mr_Andrew_Green.pdf- ./Prohibition_order_Mr_Andrew_Green.pdf:Girl A gave evidence that she had had sexual intercourse with Mr Green at his house in ./Prohibition_order_Mr_Andrew_Green.pdf:Durham. Mr Green does not admit having sexual intercourse with Girl A at his house, but ./Prohibition_order_Mr_Andrew_Green.pdf:he does admit to sexual intercourse with Girl A. In his 'honest and open' account sent to ./Prohibition_order_Mr_Andrew_Green.pdf:the police (G342) he admits to penetrative sex with Girl A in his car. ./Prohibition_order_Mr_Andrew_Green.pdf- ./Prohibition_order_Mr_Andrew_Green.pdf:The panel is satisfied that Mr Green had sexual intercourse with Girl A. ./Prohibition_order_Mr_Andrew_Green.pdf- ./Prohibition_order_Mr_Andrew_Green.pdf-Accordingly the panel finds particular (a) of allegation 1 proved. ./Prohibition_order_Mr_Andrew_Green.pdf- ./Prohibition_order_Mr_Andrew_Green.pdf-1(b) Whilst he was employed as a Teacher at Lord Lawson of Beamish Community ./Prohibition_order_Mr_Andrew_Green.pdf:School during 2011, he allowed Girl A to perform oral sex on him. ./Prohibition_order_Mr_Andrew_Green.pdf- ./Prohibition_order_Mr_Andrew_Green.pdf:Mr Green admits to allowing Girl A to perform oral sex on him. In his account to the police ./Prohibition_order_Mr_Andrew_Green.pdf-at G342 of the hearing bundle Mr Green describes picking up Girl A in his car and going ./Prohibition_order_Mr_Andrew_Green.pdf:to the industrial estate where '[Girl A] began unzipping me and began oral sex'. ./Prohibition_order_Mr_Andrew_Green.pdf- ./Prohibition_order_Mr_Andrew_Green.pdf:The panel is satisfied that Mr Green allowed Girl A to perform oral sex on him. ./Prohibition_order_Mr_Andrew_Green.pdf- ./Prohibition_order_Mr_Andrew_Green.pdf-Accordingly the panel finds particular (b) of allegation 1 proved. ./Prohibition_order_Mr_Andrew_Green.pdf- ./Prohibition_order_Mr_Andrew_Green.pdf-1. Whilst he was employed as a Teacher at Lord Lawson of Beamish Community ./Prohibition_order_Mr_Andrew_Green.pdf-School during 2011 he engaged in an inappropriate relationship with Girl A, a child ./Prohibition_order_Mr_Andrew_Green.pdf-under the age of 16 years. ./Prohibition_order_Mr_Andrew_Green.pdf- ./Prohibition_order_Mr_Andrew_Green.pdf-The panel has found particulars (a) and (b) proved. However, the substance of allegation ./Prohibition_order_Mr_Andrew_Green.pdf-1 is an inappropriate relationship with a child under the age of 16 years. The panel is not ./Prohibition_order_Mr_Andrew_Green.pdf-satisfied that at the time of the facts covered by allegations 1(a) and 1 (b) that Mr Green ./Prohibition_order_Mr_Andrew_Green.pdf-knew that Girl A was under 16. Therefore it was not an inappropriate relationship. ./Prohibition_order_Mr_Andrew_Green.pdf- ./Prohibition_order_Mr_Andrew_Green.pdf-Accordingly the panel finds allegation 1 not proved. ./Prohibition_order_Mr_Andrew_Green.pdf- ./Prohibition_order_Mr_Andrew_Green.pdf-2(a) Whilst he was employed as a Teacher at Lord Lawson of Beamish Community ./Prohibition_order_Mr_Andrew_Green.pdf:School during 2011 he sent sexually explicit text messages to Girl A. ./Prohibition_order_Mr_Andrew_Green.pdf- ./Prohibition_order_Mr_Andrew_Green.pdf-The panel has seen the record of text messages between Girl A and Mr Green at pages ./Prohibition_order_Mr_Andrew_Green.pdf-36 to 105 of the hearing bundle. The text messages are dated from 11 June 2011 to 25 ./Prohibition_order_Mr_Andrew_Green.pdf- ./Prohibition_order_Mr_Andrew_Green.pdf- ./Prohibition_order_Mr_Andrew_Green.pdf- 9 ./Prohibition_order_Mr_Andrew_Green.pdf- -- ./Prohibition_order_Mr_Andrew_Green.pdf-June 2011. Girl A told the panel that her telephone had been wiped of messages prior ./Prohibition_order_Mr_Andrew_Green.pdf-to 10 June 2011. Girl A accepted in evidence that the texts had been sent and Mr Green ./Prohibition_order_Mr_Andrew_Green.pdf-in his written representations accepts that text messages were exchanged. In his police ./Prohibition_order_Mr_Andrew_Green.pdf:interview on 28 June 2011 Mr Green admits to sending sexual texts (G276). ./Prohibition_order_Mr_Andrew_Green.pdf- ./Prohibition_order_Mr_Andrew_Green.pdf:There are many sexually explicit texts sent by Mr Green in the bundle. As an illustration ./Prohibition_order_Mr_Andrew_Green.pdf-the panel gives the following three examples: ./Prohibition_order_Mr_Andrew_Green.pdf- ./Prohibition_order_Mr_Andrew_Green.pdf-'Coool just that you were a good shag n that!!!; I would actually!!' (G38) ./Prohibition_order_Mr_Andrew_Green.pdf- ./Prohibition_order_Mr_Andrew_Green.pdf-'What you just done why would I lick your pussy?' (G43) ./Prohibition_order_Mr_Andrew_Green.pdf- ./Prohibition_order_Mr_Andrew_Green.pdf-'Cool!! Does she lick your clit' (G48) ./Prohibition_order_Mr_Andrew_Green.pdf- ./Prohibition_order_Mr_Andrew_Green.pdf-The panel is satisfied that particular (a) of allegation 2 is proved. ./Prohibition_order_Mr_Andrew_Green.pdf- ./Prohibition_order_Mr_Andrew_Green.pdf-2(b) Whilst he was employed as a Teacher at Lord Lawson of Beamish Community ./Prohibition_order_Mr_Andrew_Green.pdf:School during 2011 he sent sexually explicit photograph messages of himself to ./Prohibition_order_Mr_Andrew_Green.pdf-Girl A. ./Prohibition_order_Mr_Andrew_Green.pdf- ./Prohibition_order_Mr_Andrew_Green.pdf-In his police interview on 28 June 2011 Mr Green admits to sending photographs of ./Prohibition_order_Mr_Andrew_Green.pdf-himself 'in my bedroom in the mirror just standing there in the nude'. The relevant ./Prohibition_order_Mr_Andrew_Green.pdf-photographs are in the hearing bundle at pages 454 to 456. The bundle contains three ./Prohibition_order_Mr_Andrew_Green.pdf:photographs two of which the panel consider to be sexually explicit (G454/455). The ./Prohibition_order_Mr_Andrew_Green.pdf-panel is satisfied that one of the photographs showing Mr Green naked with his hand ./Prohibition_order_Mr_Andrew_Green.pdf-over his genitals was sent on 17 June 2011. A second photograph appears to have been ./Prohibition_order_Mr_Andrew_Green.pdf:sent on 11 June 2011 which prompted a highly sexualised response from Girl A and the ./Prohibition_order_Mr_Andrew_Green.pdf:panel infers that the photograph was sexually explicit; Mr Green asked for this to be ./Prohibition_order_Mr_Andrew_Green.pdf-deleted immediately. ./Prohibition_order_Mr_Andrew_Green.pdf- ./Prohibition_order_Mr_Andrew_Green.pdf-The panel is satisfied that particular (b) of allegation 2 is proved. ./Prohibition_order_Mr_Andrew_Green.pdf- ./Prohibition_order_Mr_Andrew_Green.pdf-2. Whilst he was employed as a Teacher at Lord Lawson of Beamish Community ./Prohibition_order_Mr_Andrew_Green.pdf-School during 2011 he engaged in inappropriate communication with Girl A, a child ./Prohibition_order_Mr_Andrew_Green.pdf-under the age of 16 years. ./Prohibition_order_Mr_Andrew_Green.pdf- ./Prohibition_order_Mr_Andrew_Green.pdf-The panel having found particular (a) and (b) proved is satisfied that Mr Green engaged ./Prohibition_order_Mr_Andrew_Green.pdf-in inappropriate communications with Girl A after 10 June 2011. ./Prohibition_order_Mr_Andrew_Green.pdf- ./Prohibition_order_Mr_Andrew_Green.pdf-Accordingly the panel finds allegation 2 proved. ./Prohibition_order_Mr_Andrew_Green.pdf- ./Prohibition_order_Mr_Andrew_Green.pdf-3. Whilst he was employed as a Teacher at Lord Lawson of Beamish Community ./Prohibition_order_Mr_Andrew_Green.pdf:School during 2011 his conduct at paragraphs 1 and/or 2 was sexually motivated. ./Prohibition_order_Mr_Andrew_Green.pdf- ./Prohibition_order_Mr_Andrew_Green.pdf-The panel has accepted the advice of the legal adviser to consider whether there is direct ./Prohibition_order_Mr_Andrew_Green.pdf-evidence of motive or whether the panel is satisfied on the balance of probabilities that ./Prohibition_order_Mr_Andrew_Green.pdf:sexual motivation can be inferred from all the circumstances. The panel is satisfied that ./Prohibition_order_Mr_Andrew_Green.pdf- ./Prohibition_order_Mr_Andrew_Green.pdf- 10 ./Prohibition_order_Mr_Andrew_Green.pdf- -- ./Prohibition_order_Mr_Andrew_Green.pdf-on a plain reading of the admitted communications passing between Girl A and Mr ./Prohibition_order_Mr_Andrew_Green.pdf:Green, the conduct was plainly sexually motivated. ./Prohibition_order_Mr_Andrew_Green.pdf- ./Prohibition_order_Mr_Andrew_Green.pdf-Accordingly the panel finds allegation 3 proved. ./Prohibition_order_Mr_Andrew_Green.pdf- ./Prohibition_order_Mr_Andrew_Green.pdf-Findings as to unacceptable professional conduct and/or conduct that ./Prohibition_order_Mr_Andrew_Green.pdf-may bring the profession into disrepute ./Prohibition_order_Mr_Andrew_Green.pdf-Having found a number of the allegations to have been proven, the panel has gone on to ./Prohibition_order_Mr_Andrew_Green.pdf-consider whether the facts of those proven allegations amount to unacceptable ./Prohibition_order_Mr_Andrew_Green.pdf-professional conduct and/or conduct that may bring the profession into disrepute. ./Prohibition_order_Mr_Andrew_Green.pdf- ./Prohibition_order_Mr_Andrew_Green.pdf-The conduct found proved is outside of the education setting. It is very serious and in the -- ./Prohibition_order_Mr_Andrew_Green.pdf- ./Prohibition_order_Mr_Andrew_Green.pdf-  Declaring and upholding proper standards of conduct. ./Prohibition_order_Mr_Andrew_Green.pdf- ./Prohibition_order_Mr_Andrew_Green.pdf-The panel has considered the Advice on teachers' misconduct in relation to the ./Prohibition_order_Mr_Andrew_Green.pdf-prohibition of teachers, and has concluded that the following are relevant: ./Prohibition_order_Mr_Andrew_Green.pdf- ./Prohibition_order_Mr_Andrew_Green.pdf-  Serious departure from the personal and professional conduct elements of the ./Prohibition_order_Mr_Andrew_Green.pdf- latest Teachers' Standards, as published by, or on behalf of, the Secretary of ./Prohibition_order_Mr_Andrew_Green.pdf- State; ./Prohibition_order_Mr_Andrew_Green.pdf- ./Prohibition_order_Mr_Andrew_Green.pdf:  Sexual misconduct involving actions that were sexually motivated. ./Prohibition_order_Mr_Andrew_Green.pdf- ./Prohibition_order_Mr_Andrew_Green.pdf-The panel considers that public confidence in the profession could be weakened if such ./Prohibition_order_Mr_Andrew_Green.pdf-conduct, as the panel has found proved, were not treated with seriousness when ./Prohibition_order_Mr_Andrew_Green.pdf-regulating the conduct of the profession The factual findings against Mr Green raise ./Prohibition_order_Mr_Andrew_Green.pdf-important public interest considerations in declaring proper standards of conduct for the ./Prohibition_order_Mr_Andrew_Green.pdf-teaching profession. Teachers are at all times role models and are expected to act with ./Prohibition_order_Mr_Andrew_Green.pdf-integrity. ./Prohibition_order_Mr_Andrew_Green.pdf- ./Prohibition_order_Mr_Andrew_Green.pdf-Notwithstanding the public interest considerations that were present, the panel has to ./Prohibition_order_Mr_Andrew_Green.pdf-consider carefully whether or not it would be proportionate to impose a prohibition order. -- ./Prohibition_order_Mr_Andrew_Green.pdf- ./Prohibition_order_Mr_Andrew_Green.pdf-  Declaring and upholding proper standards of conduct. ./Prohibition_order_Mr_Andrew_Green.pdf- ./Prohibition_order_Mr_Andrew_Green.pdf-Mr Green’s actions were deliberate and he was not acting under duress. He has chosen ./Prohibition_order_Mr_Andrew_Green.pdf-not to attend and has therefore not been able to put forward any mitigation on his behalf. ./Prohibition_order_Mr_Andrew_Green.pdf-He has offered his sincere apologies for his actions and has expressed his remorse. ./Prohibition_order_Mr_Andrew_Green.pdf- ./Prohibition_order_Mr_Andrew_Green.pdf-I agree with the panel’s recommendation that prohibition is an appropriate and ./Prohibition_order_Mr_Andrew_Green.pdf-proportionate sanction. ./Prohibition_order_Mr_Andrew_Green.pdf- ./Prohibition_order_Mr_Andrew_Green.pdf:The proven facts include sexual misconduct and actions that were sexually motivated. I ./Prohibition_order_Mr_Andrew_Green.pdf-agree that the order should be without the opportunity to apply to have it set aside in the ./Prohibition_order_Mr_Andrew_Green.pdf-future. ./Prohibition_order_Mr_Andrew_Green.pdf- ./Prohibition_order_Mr_Andrew_Green.pdf-This means that Mr Andrew Green is prohibited from teaching indefinitely and ./Prohibition_order_Mr_Andrew_Green.pdf-cannot teach in any school, sixth form college, relevant youth accommodation or ./Prohibition_order_Mr_Andrew_Green.pdf- ./Prohibition_order_Mr_Andrew_Green.pdf- 13 ./Prohibition_order_Mr_Andrew_Green.pdf- ./prohibition_order_mr_andrew_michael_ford_001.pdf-B. Allegations ./prohibition_order_mr_andrew_michael_ford_001.pdf- ./prohibition_order_mr_andrew_michael_ford_001.pdf-The Panel considered the allegation as is set out in the Notice of Meeting dated 13 ./prohibition_order_mr_andrew_michael_ford_001.pdf-November 2012. ./prohibition_order_mr_andrew_michael_ford_001.pdf- ./prohibition_order_mr_andrew_michael_ford_001.pdf-It was alleged that Mr Ford was guilty of having been convicted of a relevant offence, ./prohibition_order_mr_andrew_michael_ford_001.pdf-in that: ./prohibition_order_mr_andrew_michael_ford_001.pdf- ./prohibition_order_mr_andrew_michael_ford_001.pdf-Mr Ford was convicted on 25 April 2012 at Loughborough Magistrates' Court of the ./prohibition_order_mr_andrew_michael_ford_001.pdf-offence of installing equipment with the intention of enabling himself, for the purpose ./prohibition_order_mr_andrew_michael_ford_001.pdf:of obtaining sexual gratification, to observe another person doing a private act, ./prohibition_order_mr_andrew_michael_ford_001.pdf:knowing that person did not consent to being observed for his sexual gratification, ./prohibition_order_mr_andrew_michael_ford_001.pdf-contrary to section 67(4) and (5) of the Sexual Offences Act 2003. Mr Ford ./prohibition_order_mr_andrew_michael_ford_001.pdf-committed this offence on 7 August 2011. As a result of this conviction, he was ./prohibition_order_mr_andrew_michael_ford_001.pdf- -- ./prohibition_order_mr_andrew_michael_ford_001.pdf- 3 ./prohibition_order_mr_andrew_michael_ford_001.pdf- ./prohibition_order_mr_andrew_michael_ford_001.pdf- ./prohibition_order_mr_andrew_michael_ford_001.pdf-It was alleged that Mr Ford was guilty of having been convicted of a relevant offence, ./prohibition_order_mr_andrew_michael_ford_001.pdf-in that: ./prohibition_order_mr_andrew_michael_ford_001.pdf- ./prohibition_order_mr_andrew_michael_ford_001.pdf-He was convicted on 25 April 2012 at Loughborough Magistrates' Court of the ./prohibition_order_mr_andrew_michael_ford_001.pdf-offence of installing equipment with the intention of enabling himself, for the purpose ./prohibition_order_mr_andrew_michael_ford_001.pdf:of obtaining sexual gratification, to observe another person doing a private act, ./prohibition_order_mr_andrew_michael_ford_001.pdf:knowing that person did not consent to being observed for his sexual gratification, ./prohibition_order_mr_andrew_michael_ford_001.pdf-contrary to section 67(4) and (5) of the Sexual Offences Act 2003. ./prohibition_order_mr_andrew_michael_ford_001.pdf- ./prohibition_order_mr_andrew_michael_ford_001.pdf-Findings of fact ./prohibition_order_mr_andrew_michael_ford_001.pdf- ./prohibition_order_mr_andrew_michael_ford_001.pdf-Our findings of fact are as follows: ./prohibition_order_mr_andrew_michael_ford_001.pdf- ./prohibition_order_mr_andrew_michael_ford_001.pdf-We have found the following particulars of the allegation against Mr Ford proven, for ./prohibition_order_mr_andrew_michael_ford_001.pdf-these reasons: ./prohibition_order_mr_andrew_michael_ford_001.pdf- ./prohibition_order_mr_andrew_michael_ford_001.pdf-We have considered the Memorandum of Conviction which records that Mr Ford was -- ./prohibition_order_mr_andrew_michael_ford_001.pdf-We find it proven that Mr Ford was convicted as alleged. ./prohibition_order_mr_andrew_michael_ford_001.pdf- ./prohibition_order_mr_andrew_michael_ford_001.pdf-Findings as to Conviction of a Relevant Offence ./prohibition_order_mr_andrew_michael_ford_001.pdf- ./prohibition_order_mr_andrew_michael_ford_001.pdf-Having found the facts of the allegation proven, we further find that the conviction is ./prohibition_order_mr_andrew_michael_ford_001.pdf-one of a relevant offence. We have noted that Mr Ford accepts that the offence of ./prohibition_order_mr_andrew_michael_ford_001.pdf-which he was convicted is a relevant offence. ./prohibition_order_mr_andrew_michael_ford_001.pdf- ./prohibition_order_mr_andrew_michael_ford_001.pdf-The conviction is for the offence of voyeurism. We have noted that the offence ./prohibition_order_mr_andrew_michael_ford_001.pdf-involves the installation of equipment with the intention of enabling himself, for ./prohibition_order_mr_andrew_michael_ford_001.pdf:sexual gratification, to observe without consent a former pupil doing a private act. ./prohibition_order_mr_andrew_michael_ford_001.pdf-Such an offence has material relevance to his fitness to be a teacher. Such a ./prohibition_order_mr_andrew_michael_ford_001.pdf-conviction is contrary to the standards of personal and professional conduct ./prohibition_order_mr_andrew_michael_ford_001.pdf-expected of a teacher. " ./prohibition_order_mr_andrew_michael_ford_001.pdf- ./prohibition_order_mr_andrew_michael_ford_001.pdf-Panel’s Recommendation to the Secretary of State ./prohibition_order_mr_andrew_michael_ford_001.pdf- ./prohibition_order_mr_andrew_michael_ford_001.pdf-We have considered the evidence in this case carefully and have considered Mr ./prohibition_order_mr_andrew_michael_ford_001.pdf-Ford's statement very carefully. ./prohibition_order_mr_andrew_michael_ford_001.pdf- ./prohibition_order_mr_andrew_michael_ford_001.pdf-We considered whether it was appropriate for this case to be concluded without -- ./prohibition_order_mr_andrew_michael_ford_001.pdf- ./prohibition_order_mr_andrew_michael_ford_001.pdf- ./prohibition_order_mr_andrew_michael_ford_001.pdf- ./prohibition_order_mr_andrew_michael_ford_001.pdf-Mr Ford acted in a manner which shows a series of deliberate acts which are ./prohibition_order_mr_andrew_michael_ford_001.pdf-involved in the installation of a spy device. It appears from the evidence that, at first, ./prohibition_order_mr_andrew_michael_ford_001.pdf-he denied being responsible for installing the device. We view his actions in the ./prohibition_order_mr_andrew_michael_ford_001.pdf-professional context very seriously. His actions have the potential to affect the ./prohibition_order_mr_andrew_michael_ford_001.pdf-reputation of the profession and to undermine public confidence in the maintenance ./prohibition_order_mr_andrew_michael_ford_001.pdf-of the standards expected of the profession. We are also concerned that Mr Ford ./prohibition_order_mr_andrew_michael_ford_001.pdf-has been convicted of an offence which includes a requirement that he installed the ./prohibition_order_mr_andrew_michael_ford_001.pdf:device for his own sexual gratification. As a result of this conviction, he was ./prohibition_order_mr_andrew_michael_ford_001.pdf-sentenced to a Community Order with a requirement to participate in a Sex Offender ./prohibition_order_mr_andrew_michael_ford_001.pdf-Treatment Programme for 30 days and was required to register with the police for 5 ./prohibition_order_mr_andrew_michael_ford_001.pdf-years from 30 May 2012. We note that the conviction is for a single offence, but we ./prohibition_order_mr_andrew_michael_ford_001.pdf-have no seen no information that Mr Ford has shown insight into the seriousness ./prohibition_order_mr_andrew_michael_ford_001.pdf-and consequences of his actions. ./prohibition_order_mr_andrew_michael_ford_001.pdf- ./prohibition_order_mr_andrew_michael_ford_001.pdf-Mr Ford's conduct has fallen far below the standard expected of a teacher. We are ./prohibition_order_mr_andrew_michael_ford_001.pdf-of the view that his behaviour has the potential to undermine the reputation of the ./prohibition_order_mr_andrew_michael_ford_001.pdf-profession and to significantly damage public confidence in the standards expected ./prohibition_order_mr_andrew_michael_ford_001.pdf-of Teachers. ./prohibition_order_mr_andrew_morton.pdf- brought at this stage, but Mr Morton was given an informal warning and was ./prohibition_order_mr_andrew_morton.pdf- advised against being alone with or singling out any one student. During the ./prohibition_order_mr_andrew_morton.pdf- course of this investigation, Mr Morton told Individual A, the Principal, and ./prohibition_order_mr_andrew_morton.pdf- Individual B, the Deputy Principal, that he had not communicated with ./prohibition_order_mr_andrew_morton.pdf- Student A either by text or email, however this was untrue. ./prohibition_order_mr_andrew_morton.pdf- ./prohibition_order_mr_andrew_morton.pdf-(7) Mr Morton continued to exchange text messages with Student A following this ./prohibition_order_mr_andrew_morton.pdf- informal warning. Mr Morton saved Student A’s number under the name ./prohibition_order_mr_andrew_morton.pdf- ‘Sweet Cheeks’ and exchanged a number of text messages with her between ./prohibition_order_mr_andrew_morton.pdf- March and July 2008. A number of the text messages which were exchanged ./prohibition_order_mr_andrew_morton.pdf: contained content of a sexual nature, including on 15 April 2008, when Mr ./prohibition_order_mr_andrew_morton.pdf- Morton texted Student A to say ‘you’d be laid on your front, I’d lie next 2 u, ./prohibition_order_mr_andrew_morton.pdf- running my fingertips up + down the back of ur legs ur back + shoulders, ./prohibition_order_mr_andrew_morton.pdf- moving them in all different directions xx’ and on 15 May 2008, when Mr ./prohibition_order_mr_andrew_morton.pdf- Morton texted Student A to say ‘Lmao! Fantastic! I’m smiling from ear 2 ear ./prohibition_order_mr_andrew_morton.pdf- now! ps u have great breasts! Am in love with them already now I’ve felt them! ./prohibition_order_mr_andrew_morton.pdf- Xxxx’. ./prohibition_order_mr_andrew_morton.pdf- ./prohibition_order_mr_andrew_morton.pdf-(8) At some point in 2008, Mr Morton prepared a report in respect of Student A, ./prohibition_order_mr_andrew_morton.pdf- which he subsequently sent to her. This report included comments such as ./prohibition_order_mr_andrew_morton.pdf- ‘surprisingly, she is not a fan of her legs, though I beg to differ! I have often ./prohibition_order_mr_andrew_morton.pdf- thought that I would like to touch them one day!’ and ‘Over the course of the ./prohibition_order_mr_andrew_morton.pdf: year, [Student A’s] approach to sexual aspects of life have flourished quite ./prohibition_order_mr_andrew_morton.pdf- significantly’. ./prohibition_order_mr_andrew_morton.pdf- ./prohibition_order_mr_andrew_morton.pdf-(9) In June 2008, Student A told Mr Morton that she no longer wished to continue ./prohibition_order_mr_andrew_morton.pdf- their relationship. They continued to exchange text messages into July 2008, ./prohibition_order_mr_andrew_morton.pdf- including on 21 July 2008 when Mr Morton texted Student A to say ‘What the ./prohibition_order_mr_andrew_morton.pdf- fuck have I done 2 make u this way [Student A]? i just don’t get why ur so ./prohibition_order_mr_andrew_morton.pdf- bitter! Its out of order when I tried 2b is understanding’. Mr Morton also sent ./prohibition_order_mr_andrew_morton.pdf- an email to Student A on or around 29 June 2008 when he asked Student A ./prohibition_order_mr_andrew_morton.pdf- to read. ./prohibition_order_mr_andrew_morton.pdf- -- ./prohibition_order_mr_andrew_morton.pdf-We confirm that we have read all the documents provided in the bundle in advance ./prohibition_order_mr_andrew_morton.pdf-of the hearing. ./prohibition_order_mr_andrew_morton.pdf- ./prohibition_order_mr_andrew_morton.pdf-Mr Andrew Morton was employed at Uppingham Community College from 2004 until ./prohibition_order_mr_andrew_morton.pdf-2012. Mr Morton was the second in charge of the PE Department in the academic ./prohibition_order_mr_andrew_morton.pdf-year 2007/08. Student A was a year 11 student who was 15 years of age. ./prohibition_order_mr_andrew_morton.pdf- ./prohibition_order_mr_andrew_morton.pdf-In late 2007, Mr Morton began exchanging text messages with Student A. These text ./prohibition_order_mr_andrew_morton.pdf-messages became more frequent and continued until July 2008, despite an informal ./prohibition_order_mr_andrew_morton.pdf-warning in February 2008. A number of text messages which were exchanged ./prohibition_order_mr_andrew_morton.pdf:contained content of a sexual nature. ./prohibition_order_mr_andrew_morton.pdf- ./prohibition_order_mr_andrew_morton.pdf-In June 2008, Student A told Mr Morton that she no longer wished to continue their ./prohibition_order_mr_andrew_morton.pdf-relationship. They continued to exchange text messages until July 2008. ./prohibition_order_mr_andrew_morton.pdf- ./Prohibition_Order_Mr_Andrew_Paterson.pdf- ./Prohibition_Order_Mr_Andrew_Paterson.pdf- a. In respect of a female pupil, Pupil A, on dates unknown in May and/or ./Prohibition_Order_Mr_Andrew_Paterson.pdf- June 2010, he; ./Prohibition_Order_Mr_Andrew_Paterson.pdf- i. gave her his mobile number; ./Prohibition_Order_Mr_Andrew_Paterson.pdf- ii. exchanged text messages with her; ./Prohibition_Order_Mr_Andrew_Paterson.pdf- iii. Spoke to her about personal matters ./Prohibition_Order_Mr_Andrew_Paterson.pdf- iv. kissed her; ./Prohibition_Order_Mr_Andrew_Paterson.pdf- 1. in the Anchor Arms pub; ./Prohibition_Order_Mr_Andrew_Paterson.pdf- 2. in his classroom; ./Prohibition_Order_Mr_Andrew_Paterson.pdf- v. allowed her to visit his home on two occasions; ./Prohibition_Order_Mr_Andrew_Paterson.pdf: vi. had sexual intercourse with her; ./Prohibition_Order_Mr_Andrew_Paterson.pdf- b. In October 2010, he; ./Prohibition_Order_Mr_Andrew_Paterson.pdf- i. socialised with students in Yates’ bar, Newport; ./Prohibition_Order_Mr_Andrew_Paterson.pdf- ii. behaved in a flirtatious manner towards a female student, ECS; ./Prohibition_Order_Mr_Andrew_Paterson.pdf: c. His conduct as set out at particulars 1(a) and 1(b) above was sexually ./Prohibition_Order_Mr_Andrew_Paterson.pdf- motivated; ./Prohibition_Order_Mr_Andrew_Paterson.pdf- ./Prohibition_Order_Mr_Andrew_Paterson.pdf- 2. Whilst employed as a Teacher at Medina High School, Isle of Wight, he made ./Prohibition_Order_Mr_Andrew_Paterson.pdf- inappropriate use of school property in that he; ./Prohibition_Order_Mr_Andrew_Paterson.pdf- a. between September 2009 and January 2011, used a School Mac ./Prohibition_Order_Mr_Andrew_Paterson.pdf- Laptop to store; ./Prohibition_Order_Mr_Andrew_Paterson.pdf- i. inappropriate images; ./Prohibition_Order_Mr_Andrew_Paterson.pdf- ii. personal photographs; ./Prohibition_Order_Mr_Andrew_Paterson.pdf- iii. personal video clips; ./Prohibition_Order_Mr_Andrew_Paterson.pdf- b. between April 2009 and February 2010, used a School digital camera ./Prohibition_Order_Mr_Andrew_Paterson.pdf- to take personal photographs; ./Prohibition_Order_Mr_Andrew_Paterson.pdf- c. on a date unknown, installed a Football Manager computer game on a ./Prohibition_Order_Mr_Andrew_Paterson.pdf- School Windows laptop; ./Prohibition_Order_Mr_Andrew_Paterson.pdf- d. on 3 July 2009, downloaded and stored a racist cartoon image on his ./Prohibition_Order_Mr_Andrew_Paterson.pdf- Mac laptop; ./Prohibition_Order_Mr_Andrew_Paterson.pdf- e. his conduct as set out in particulars 2(a), 2(b), 2(c) and 2(d) above was ./Prohibition_Order_Mr_Andrew_Paterson.pdf- in breach of School policies, namely, IWC Information Security Policy, ./Prohibition_Order_Mr_Andrew_Paterson.pdf- IWC ICT Policy and ICT Electronic Communications Policy; ./Prohibition_Order_Mr_Andrew_Paterson.pdf- ./Prohibition_Order_Mr_Andrew_Paterson.pdf- 3. During the course of his career as a teacher, he failed to maintain appropriate ./Prohibition_Order_Mr_Andrew_Paterson.pdf: boundaries with female students that later developed into sexual relationships ./Prohibition_Order_Mr_Andrew_Paterson.pdf- with ex-students. ./Prohibition_Order_Mr_Andrew_Paterson.pdf- ./Prohibition_Order_Mr_Andrew_Paterson.pdf-Mr Paterson admitted allegations 2 b and 2 c, and allegation 2 e in respect of ./Prohibition_Order_Mr_Andrew_Paterson.pdf-allegations 2 b and 2 c, but made no other admission in respect of these charges. ./Prohibition_Order_Mr_Andrew_Paterson.pdf-He did not admit unacceptable professional conduct. ./Prohibition_Order_Mr_Andrew_Paterson.pdf- ./Prohibition_Order_Mr_Andrew_Paterson.pdf-The Presenting Officer elected to offer no evidence in respect of allegations 1b and ./Prohibition_Order_Mr_Andrew_Paterson.pdf-3, and the Panel agreed at Ms Hart’s request to ignore the documents relating to ./Prohibition_Order_Mr_Andrew_Paterson.pdf-those allegations which had been inadvertently included in the Bundle of Documents. ./Prohibition_Order_Mr_Andrew_Paterson.pdf- -- ./Prohibition_Order_Mr_Andrew_Paterson.pdf-exchanged further text messages. She said she had copies of those text messages ./Prohibition_Order_Mr_Andrew_Paterson.pdf-on the SIM card of an old phone, or on the phone itself. Pupil A said she had also ./Prohibition_Order_Mr_Andrew_Paterson.pdf-sent the two subsequent emails (Bundle pages 44 and 45) on 6 May and 7 May ./Prohibition_Order_Mr_Andrew_Paterson.pdf-2010, and she denied she had sent the email of 6 May to Mr Paterson by mistake. ./Prohibition_Order_Mr_Andrew_Paterson.pdf-She said that on 7 May 2010 she met Mr Paterson in his classroom and they flirted ./Prohibition_Order_Mr_Andrew_Paterson.pdf-and she kissed him again, on the lips. She said that the email of that date (Bundle ./Prohibition_Order_Mr_Andrew_Paterson.pdf-page 45) was sent because she did not know where Mr Paterson’s classroom was. ./Prohibition_Order_Mr_Andrew_Paterson.pdf-Pupil A then described two visits to Mr Paterson’s house in Cowes, which she ./Prohibition_Order_Mr_Andrew_Paterson.pdf-believed were on Sunday 9 May 2010 and Sunday 16 May 2010, although she was ./Prohibition_Order_Mr_Andrew_Paterson.pdf-not certain about the dates. She said that on the first occasion, they watched a film ./Prohibition_Order_Mr_Andrew_Paterson.pdf:and they had sex on the sofa and that she was in the house for about three hours. ./Prohibition_Order_Mr_Andrew_Paterson.pdf-On the second occasion she said that she went there to watch a movie. When she ./Prohibition_Order_Mr_Andrew_Paterson.pdf-was asked about discrepancies between her evidence to the Panel and the answers ./Prohibition_Order_Mr_Andrew_Paterson.pdf-which she had previously given to Witness D, she said she had not wanted to get Mr ./Prohibition_Order_Mr_Andrew_Paterson.pdf-Paterson into trouble when she was talking to Witness D. She said she had talked ./Prohibition_Order_Mr_Andrew_Paterson.pdf-with Mr Paterson about personal matters, including an argument which had taken ./Prohibition_Order_Mr_Andrew_Paterson.pdf-place between Mr Paterson and his girlfriend Witness E. ./Prohibition_Order_Mr_Andrew_Paterson.pdf- ./Prohibition_Order_Mr_Andrew_Paterson.pdf-In the course of cross-examination, Pupil A said that she had been drinking before ./Prohibition_Order_Mr_Andrew_Paterson.pdf-she approached Mr Paterson in the Anchor public house but could not remember if ./Prohibition_Order_Mr_Andrew_Paterson.pdf-she was drunk. She said that she could not remember if there was more than one ./Prohibition_Order_Mr_Andrew_Paterson.pdf-kiss. She said that apart from the reaction of ‘what are you doing’ from Mr Paterson, ./Prohibition_Order_Mr_Andrew_Paterson.pdf-she could not remember anything that indicated to her that he did not want anything ./Prohibition_Order_Mr_Andrew_Paterson.pdf-to go further. She said that she could not remember receiving any emails from Mr ./Prohibition_Order_Mr_Andrew_Paterson.pdf-Paterson but that he had responded to her by text. In relation to the incident in the ./Prohibition_Order_Mr_Andrew_Paterson.pdf-classroom, she said the kiss was on the lips, but she could not remember the length ./Prohibition_Order_Mr_Andrew_Paterson.pdf:of the kiss or if there was more then one. She said that she had sex with Mr ./Prohibition_Order_Mr_Andrew_Paterson.pdf:Paterson twice in his home. She said that they had also had sex, this time upstairs, ./Prohibition_Order_Mr_Andrew_Paterson.pdf-on the occasion of the second visit. She agreed that she had not said this ./Prohibition_Order_Mr_Andrew_Paterson.pdf-previously. At the close of her evidence, Pupil A agreed to try to arrange for her old ./Prohibition_Order_Mr_Andrew_Paterson.pdf-phone to be sent to the NCTL so that the old text messages could be examined. ./Prohibition_Order_Mr_Andrew_Paterson.pdf- ./Prohibition_Order_Mr_Andrew_Paterson.pdf-4 April 2013 ./Prohibition_Order_Mr_Andrew_Paterson.pdf- ./Prohibition_Order_Mr_Andrew_Paterson.pdf-Witness E ./Prohibition_Order_Mr_Andrew_Paterson.pdf-Witness E gave oral evidence, in which she confirmed the accuracy of her written ./Prohibition_Order_Mr_Andrew_Paterson.pdf-statement at pages 18a to 18f of the Bundle, with minor amendments. She ./Prohibition_Order_Mr_Andrew_Paterson.pdf-confirmed that she had been in a relationship with Mr Paterson from approximately -- ./Prohibition_Order_Mr_Andrew_Paterson.pdf-and was advised by her to report the incident. She said that before reporting it, she ./Prohibition_Order_Mr_Andrew_Paterson.pdf-started an argument with Mr Paterson, which she recorded as she hoped that he ./Prohibition_Order_Mr_Andrew_Paterson.pdf-would admit the relationship with Pupil A. (Bundle pages 52 to 54). She said that Mr ./Prohibition_Order_Mr_Andrew_Paterson.pdf-Paterson did not admit having a relationship with Pupil A, but he did say that he had ./Prohibition_Order_Mr_Andrew_Paterson.pdf-responded to her text messages and that Pupil A had turned up at the house, but ./Prohibition_Order_Mr_Andrew_Paterson.pdf-had not entered the house. Concerning the photographs found on the MacBook ./Prohibition_Order_Mr_Andrew_Paterson.pdf-laptop which are listed on pages 118 to 120 of the Bundle, Witness E said that the ./Prohibition_Order_Mr_Andrew_Paterson.pdf-Nokia N95 8GB phone was hers, but she had not used the other telephones referred ./Prohibition_Order_Mr_Andrew_Paterson.pdf-to. She had no recollection of using the digital camera referred to. She said the only ./Prohibition_Order_Mr_Andrew_Paterson.pdf-instruction she had been given by Mr Paterson about the school computers was that ./Prohibition_Order_Mr_Andrew_Paterson.pdf:they should not look at pornography on the MacBook. ./Prohibition_Order_Mr_Andrew_Paterson.pdf- ./Prohibition_Order_Mr_Andrew_Paterson.pdf-In the course of cross-examination, Witness E said that she had not spoken to Pupil ./Prohibition_Order_Mr_Andrew_Paterson.pdf-A for years. She agreed that Mr Paterson had rented his house out and that there ./Prohibition_Order_Mr_Andrew_Paterson.pdf-were pictures of the interior of the house on the internet. ./Prohibition_Order_Mr_Andrew_Paterson.pdf- ./Prohibition_Order_Mr_Andrew_Paterson.pdf-Witness D ./Prohibition_Order_Mr_Andrew_Paterson.pdf-Witness D, who was Deputy Head of Medina High School from September 2006 to ./Prohibition_Order_Mr_Andrew_Paterson.pdf-September 2011, gave evidence orally, and confirmed the truth of her witness ./Prohibition_Order_Mr_Andrew_Paterson.pdf-statement (Bundle pages 12 to18). She told the Panel about efforts she had made ./Prohibition_Order_Mr_Andrew_Paterson.pdf-to interview Pupil A, which had been unsuccessful until she met Pupil A at the -- ./Prohibition_Order_Mr_Andrew_Paterson.pdf- 6 ./Prohibition_Order_Mr_Andrew_Paterson.pdf- ./Prohibition_Order_Mr_Andrew_Paterson.pdf- ./Prohibition_Order_Mr_Andrew_Paterson.pdf-policies, although she could not be sure that was what in fact occurred at the time ./Prohibition_Order_Mr_Andrew_Paterson.pdf-when the equipment was issued to Mr Paterson. She said that in her opinion the ./Prohibition_Order_Mr_Andrew_Paterson.pdf-photographs which were on the MacBook computer were obscene. It was agreed ./Prohibition_Order_Mr_Andrew_Paterson.pdf:between the parties that the Panel should treat them as being “pornographic” and ./Prohibition_Order_Mr_Andrew_Paterson.pdf-that the Panel need not inspect the photographs. ./Prohibition_Order_Mr_Andrew_Paterson.pdf- ./Prohibition_Order_Mr_Andrew_Paterson.pdf-In cross-examination, Witness D confirmed that Mr Paterson had co-operated with ./Prohibition_Order_Mr_Andrew_Paterson.pdf-her investigation, and the School’s disciplinary hearing had not made any finding that ./Prohibition_Order_Mr_Andrew_Paterson.pdf-he had had inappropriate relations with Pupil A, and he had been dismissed on other ./Prohibition_Order_Mr_Andrew_Paterson.pdf-grounds. She accepted that she had not interviewed three potential witnesses whom ./Prohibition_Order_Mr_Andrew_Paterson.pdf-Mr Paterson had identified, Witness B, Individual F and Mr Paterson’s father. She ./Prohibition_Order_Mr_Andrew_Paterson.pdf-pointed out that Mr Paterson had provided written statements from Witness B and ./Prohibition_Order_Mr_Andrew_Paterson.pdf-Individual F for the purpose of the disciplinary proceedings. She agreed that when ./Prohibition_Order_Mr_Andrew_Paterson.pdf-she interviewed Pupil A, there had been no indication of more than one sexual ./Prohibition_Order_Mr_Andrew_Paterson.pdf-encounter between Pupil A and Mr Paterson. In respect of the photographs found on ./Prohibition_Order_Mr_Andrew_Paterson.pdf-the School MacBook computer, Witness D confirmed her understanding that, of the ./Prohibition_Order_Mr_Andrew_Paterson.pdf-images in the list on pages 118 to 120 of the Bundle, those of a sexual or ./Prohibition_Order_Mr_Andrew_Paterson.pdf:pornographic nature had all been imported on to the computer on 21 September ./Prohibition_Order_Mr_Andrew_Paterson.pdf-2009. ./Prohibition_Order_Mr_Andrew_Paterson.pdf- ./Prohibition_Order_Mr_Andrew_Paterson.pdf-5 April 2013 ./Prohibition_Order_Mr_Andrew_Paterson.pdf- ./Prohibition_Order_Mr_Andrew_Paterson.pdf-Pursuant to Paragraph 4.16 of the Teacher Misconduct – Disciplinary Procedures for ./Prohibition_Order_Mr_Andrew_Paterson.pdf-the Regulation of the Teaching Profession (updated 7 March 2013) the Panel ./Prohibition_Order_Mr_Andrew_Paterson.pdf-received in evidence the signed statement of Witness A of the NCTL, concerning the ./Prohibition_Order_Mr_Andrew_Paterson.pdf-text messages found on Pupil A’s old mobile phone. Ms Hart made no objection to ./Prohibition_Order_Mr_Andrew_Paterson.pdf-admitting this evidence. ./Prohibition_Order_Mr_Andrew_Paterson.pdf- -- ./Prohibition_Order_Mr_Andrew_Paterson.pdf-(Witness C) who said that he thought that Witness B had been at his son’s house at ./Prohibition_Order_Mr_Andrew_Paterson.pdf-around 1:00pm on that day, which was in conflict with Witness C’s evidence. ./Prohibition_Order_Mr_Andrew_Paterson.pdf- ./Prohibition_Order_Mr_Andrew_Paterson.pdf-In her closing submission, Ms Hart said that the credibility of the evidence of Pupil A ./Prohibition_Order_Mr_Andrew_Paterson.pdf-was in question. Her evidence was vague and inconsistent at various points. She ./Prohibition_Order_Mr_Andrew_Paterson.pdf-also used the word “would” when describing what she would have done rather than ./Prohibition_Order_Mr_Andrew_Paterson.pdf-what she actually recalled doing. There was also clear undisputed evidence that Mr ./Prohibition_Order_Mr_Andrew_Paterson.pdf-Paterson was injured the night before 9 May 2010 and that his injuries would have ./Prohibition_Order_Mr_Andrew_Paterson.pdf-been visible and memorable. Pupil A was only able to recall that Mr Paterson was ./Prohibition_Order_Mr_Andrew_Paterson.pdf-not in his school clothes and did not refer to his injuries other than to say that she ./Prohibition_Order_Mr_Andrew_Paterson.pdf:thought he had a black eye. If Pupil A had had sex with Mr Paterson as she alleges ./Prohibition_Order_Mr_Andrew_Paterson.pdf-then she would have been bound to have seen his injuries. In terms of the texts sent ./Prohibition_Order_Mr_Andrew_Paterson.pdf-by Pupil A, they did not contain any affectionate comment or remark so as to indicate ./Prohibition_Order_Mr_Andrew_Paterson.pdf-any close relationship between them. ./Prohibition_Order_Mr_Andrew_Paterson.pdf- ./Prohibition_Order_Mr_Andrew_Paterson.pdf- ./Prohibition_Order_Mr_Andrew_Paterson.pdf-E. Decision and Reasons ./Prohibition_Order_Mr_Andrew_Paterson.pdf- ./Prohibition_Order_Mr_Andrew_Paterson.pdf-The Panel announced its decision and reasons as follows: ./Prohibition_Order_Mr_Andrew_Paterson.pdf- ./Prohibition_Order_Mr_Andrew_Paterson.pdf-‘We have now carefully considered the case before us and have reached a decision. -- ./Prohibition_Order_Mr_Andrew_Paterson.pdf-a number which she did not recognise on Mr Paterson’s mobile phone. She said ./Prohibition_Order_Mr_Andrew_Paterson.pdf-that this led to an argument which caused the police to intervene, and then she left ./Prohibition_Order_Mr_Andrew_Paterson.pdf-the house where she had been living with Mr Paterson on the afternoon of Sunday 9 ./Prohibition_Order_Mr_Andrew_Paterson.pdf-May 2010. She said she returned a few weeks later. Then, at the end of June, she ./Prohibition_Order_Mr_Andrew_Paterson.pdf-found some more messages on Mr Paterson’s telephone, and she replied, and ./Prohibition_Order_Mr_Andrew_Paterson.pdf-thereby found herself in communication with Pupil A. Witness C interviewed Witness ./Prohibition_Order_Mr_Andrew_Paterson.pdf-E, and Mr Paterson, who was suspended from duty, and Pupil A. The allegations ./Prohibition_Order_Mr_Andrew_Paterson.pdf-which emerged from Witness D’s investigation were that Mr Paterson had given his ./Prohibition_Order_Mr_Andrew_Paterson.pdf-mobile number to Pupil A, exchanged text messages with her, spoke to her about ./Prohibition_Order_Mr_Andrew_Paterson.pdf-personal matters, kissed her on two occasions, once at a pub and once in his ./Prohibition_Order_Mr_Andrew_Paterson.pdf:classroom, allowed her to visit his home on two occasions, and had sexual ./Prohibition_Order_Mr_Andrew_Paterson.pdf-intercourse with her. When Mr Paterson handed back two laptop computers and a ./Prohibition_Order_Mr_Andrew_Paterson.pdf-digital camera which belonged to the school, it was allegedly found that they had ./Prohibition_Order_Mr_Andrew_Paterson.pdf-been inappropriately used in breach of school policies ./Prohibition_Order_Mr_Andrew_Paterson.pdf-Findings of fact ./Prohibition_Order_Mr_Andrew_Paterson.pdf- -- ./Prohibition_Order_Mr_Andrew_Paterson.pdf-We note that Pupil A was a reluctant witness and our assessment of her ./Prohibition_Order_Mr_Andrew_Paterson.pdf-evidence was that we cannot attribute to her an intention or motive to impugn ./Prohibition_Order_Mr_Andrew_Paterson.pdf-Mr Paterson or seek some form of revenge. In making this finding, we also ./Prohibition_Order_Mr_Andrew_Paterson.pdf-take into account the evidence of Witness B as to his presence in Mr ./Prohibition_Order_Mr_Andrew_Paterson.pdf-Paterson’s house on 9 May 2010, but we found his evidence to be ./Prohibition_Order_Mr_Andrew_Paterson.pdf-unconvincing. We also note the evidence of Witness C to the effect that he ./Prohibition_Order_Mr_Andrew_Paterson.pdf-thought that Witness B had been at his son’s home at about 1pm that day. ./Prohibition_Order_Mr_Andrew_Paterson.pdf-This conflicts with the account of Witness B that he did not go to Mr ./Prohibition_Order_Mr_Andrew_Paterson.pdf-Paterson’s home until the evening. ./Prohibition_Order_Mr_Andrew_Paterson.pdf- ./Prohibition_Order_Mr_Andrew_Paterson.pdf: vi. had sexual intercourse with her; ./Prohibition_Order_Mr_Andrew_Paterson.pdf- ./Prohibition_Order_Mr_Andrew_Paterson.pdf-This allegation is proved. We accept the evidence of Pupil A that Mr Paterson ./Prohibition_Order_Mr_Andrew_Paterson.pdf:had sexual intercourse with her at his home. We note that Pupil A was ./Prohibition_Order_Mr_Andrew_Paterson.pdf:inconsistent in her evidence as to whether sexual intercourse had taken place ./Prohibition_Order_Mr_Andrew_Paterson.pdf-on each of the occasions that she visited Mr Paterson’s home or twice on one ./Prohibition_Order_Mr_Andrew_Paterson.pdf-of those occasions. However, for the reasons given in relation to the prior ./Prohibition_Order_Mr_Andrew_Paterson.pdf-allegation, we prefer the evidence of Pupil A to that of Mr Paterson. ./Prohibition_Order_Mr_Andrew_Paterson.pdf- ./Prohibition_Order_Mr_Andrew_Paterson.pdf- b. In October 2010, he; ./Prohibition_Order_Mr_Andrew_Paterson.pdf- i. socialised with students in Yates’ bar, Newport; ./Prohibition_Order_Mr_Andrew_Paterson.pdf- ii. behaved in a flirtatious manner towards a female student, ./Prohibition_Order_Mr_Andrew_Paterson.pdf- ECS; ./Prohibition_Order_Mr_Andrew_Paterson.pdf- ./Prohibition_Order_Mr_Andrew_Paterson.pdf-No evidence was presented in respect of this allegation. This allegation is not ./Prohibition_Order_Mr_Andrew_Paterson.pdf-proved; ./Prohibition_Order_Mr_Andrew_Paterson.pdf- ./Prohibition_Order_Mr_Andrew_Paterson.pdf- c. His conduct as set out at particulars 1(a) and 1(b) above was ./Prohibition_Order_Mr_Andrew_Paterson.pdf: sexually motivated; ./Prohibition_Order_Mr_Andrew_Paterson.pdf- ./Prohibition_Order_Mr_Andrew_Paterson.pdf-This allegation is proved in respect of particular 1(a). No evidence was offered ./Prohibition_Order_Mr_Andrew_Paterson.pdf-in respect of particular 1 (b) and so this allegation is not proved in respect of ./Prohibition_Order_Mr_Andrew_Paterson.pdf-particular 1(b). We note that the initial contact in the public house was made ./Prohibition_Order_Mr_Andrew_Paterson.pdf-by Pupil A. However, we are satisfied that, following the incident in the public ./Prohibition_Order_Mr_Andrew_Paterson.pdf- -- ./Prohibition_Order_Mr_Andrew_Paterson.pdf- 12 ./Prohibition_Order_Mr_Andrew_Paterson.pdf- ./Prohibition_Order_Mr_Andrew_Paterson.pdf- ./Prohibition_Order_Mr_Andrew_Paterson.pdf- house and after Pupil A had emailed Mr Paterson, his conduct in exchanging ./Prohibition_Order_Mr_Andrew_Paterson.pdf- text messages, discussing personal information with her, kissing her in the ./Prohibition_Order_Mr_Andrew_Paterson.pdf: classroom and finally having sexual intercourse with her, was sexually ./Prohibition_Order_Mr_Andrew_Paterson.pdf- motivated. ./Prohibition_Order_Mr_Andrew_Paterson.pdf- ./Prohibition_Order_Mr_Andrew_Paterson.pdf-2. Whilst employed as a Teacher at Medina High School, Isle of Wight, he ./Prohibition_Order_Mr_Andrew_Paterson.pdf- made inappropriate use of school property in that he; ./Prohibition_Order_Mr_Andrew_Paterson.pdf- a. between September 2009 and January 2011, used a School Mac ./Prohibition_Order_Mr_Andrew_Paterson.pdf- Laptop to store; ./Prohibition_Order_Mr_Andrew_Paterson.pdf- i. inappropriate images; ./Prohibition_Order_Mr_Andrew_Paterson.pdf- ii. personal photographs; ./Prohibition_Order_Mr_Andrew_Paterson.pdf- iii. personal video clips; ./Prohibition_Order_Mr_Andrew_Paterson.pdf- -- ./Prohibition_Order_Mr_Andrew_Paterson.pdf- We find that this allegation is proved in relation to particulars 2(a), 2(b) and ./Prohibition_Order_Mr_Andrew_Paterson.pdf- 2(c) only. This allegation is admitted in relation to particulars 2(b) and 2(c). We ./Prohibition_Order_Mr_Andrew_Paterson.pdf- have found 2(a) proved and 2(d) not proved. The conduct was clearly in ./Prohibition_Order_Mr_Andrew_Paterson.pdf- breach of these policies. We note, however, that there is no evidence that ./Prohibition_Order_Mr_Andrew_Paterson.pdf- these policies were brought to the attention of Mr Paterson. Further, these ./Prohibition_Order_Mr_Andrew_Paterson.pdf- policies were general Isle of Wight Council policies and not particular to the ./Prohibition_Order_Mr_Andrew_Paterson.pdf- school and so somewhat distal from the operations of the school itself. ./Prohibition_Order_Mr_Andrew_Paterson.pdf- ./Prohibition_Order_Mr_Andrew_Paterson.pdf-3. During the course of his career as a teacher, he failed to maintain ./Prohibition_Order_Mr_Andrew_Paterson.pdf- appropriate boundaries with female students that later developed into ./Prohibition_Order_Mr_Andrew_Paterson.pdf: sexual relationships with ex-students ./Prohibition_Order_Mr_Andrew_Paterson.pdf- ./Prohibition_Order_Mr_Andrew_Paterson.pdf- No evidence was presented in respect of this allegation. This allegation is not ./Prohibition_Order_Mr_Andrew_Paterson.pdf- proved; ./Prohibition_Order_Mr_Andrew_Paterson.pdf- ./Prohibition_Order_Mr_Andrew_Paterson.pdf- ./Prohibition_Order_Mr_Andrew_Paterson.pdf-Finding as to Unacceptable Professional Conduct ./Prohibition_Order_Mr_Andrew_Paterson.pdf- ./Prohibition_Order_Mr_Andrew_Paterson.pdf-In considering Unacceptable Professional Conduct we have regard to the definition ./Prohibition_Order_Mr_Andrew_Paterson.pdf-in the guidance entitled ‘Teacher misconduct – the prohibition of teachers’ namely ./Prohibition_Order_Mr_Andrew_Paterson.pdf-misconduct of a serious nature falling significantly short of the standard of behaviour -- ./Prohibition_Order_Mr_Andrew_Paterson.pdf-Code of Conduct and Practice for Registered Teachers effective from 1 October ./Prohibition_Order_Mr_Andrew_Paterson.pdf-2009. To the extent that allegation 2 refers to conduct before 1 October 2009, we ./Prohibition_Order_Mr_Andrew_Paterson.pdf-have regard to the GTCE Code effective from 1 November 2004. ./Prohibition_Order_Mr_Andrew_Paterson.pdf- ./Prohibition_Order_Mr_Andrew_Paterson.pdf-In relation to the facts found proved in allegation 1, Mr Paterson breached the ./Prohibition_Order_Mr_Andrew_Paterson.pdf-following parts of the 2009 Code, namely: ./Prohibition_Order_Mr_Andrew_Paterson.pdf- ./Prohibition_Order_Mr_Andrew_Paterson.pdf-  The first principle of the Code required him to put the wellbeing of children ./Prohibition_Order_Mr_Andrew_Paterson.pdf- and young people first. This included the need to establish and maintain ./Prohibition_Order_Mr_Andrew_Paterson.pdf- appropriate professional boundaries in his relationships with children and ./Prohibition_Order_Mr_Andrew_Paterson.pdf: young people. In engaging in a personal and sexual relationship with Pupil A, ./Prohibition_Order_Mr_Andrew_Paterson.pdf- he failed to comply with this requirement. ./Prohibition_Order_Mr_Andrew_Paterson.pdf-  He breached the same principle in failing to demonstrate self- awareness and ./Prohibition_Order_Mr_Andrew_Paterson.pdf- access help and support by not reporting the initial contact with Pupil A. ./Prohibition_Order_Mr_Andrew_Paterson.pdf-  Principle 8 of the same code required him to demonstrate honesty and ./Prohibition_Order_Mr_Andrew_Paterson.pdf- integrity and uphold public trust and confidence in the teaching profession. He ./Prohibition_Order_Mr_Andrew_Paterson.pdf- had a duty to safeguard children and young people in line with statutory ./Prohibition_Order_Mr_Andrew_Paterson.pdf- requirements. This would include acting in line with school child protection ./Prohibition_Order_Mr_Andrew_Paterson.pdf- procedures. In failing to act in accordance with these procedures, Mr Paterson ./Prohibition_Order_Mr_Andrew_Paterson.pdf- acted in a manner likely to undermine public trust and confidence in the ./Prohibition_Order_Mr_Andrew_Paterson.pdf- teaching profession -- ./Prohibition_Order_Mr_Andrew_Paterson.pdf- 15 ./Prohibition_Order_Mr_Andrew_Paterson.pdf- ./Prohibition_Order_Mr_Andrew_Paterson.pdf- ./Prohibition_Order_Mr_Andrew_Paterson.pdf-consequences as a result. He has now been compelled to move abroad in order to ./Prohibition_Order_Mr_Andrew_Paterson.pdf-obtain employment. His relationship with a pupil was reported in the press on the Isle ./Prohibition_Order_Mr_Andrew_Paterson.pdf-of Wight and he has been subject to abuse, both in person and on line. Mr Paterson ./Prohibition_Order_Mr_Andrew_Paterson.pdf-says he has found the proceedings surrounding the allegations deeply humiliating. ./Prohibition_Order_Mr_Andrew_Paterson.pdf- ./Prohibition_Order_Mr_Andrew_Paterson.pdf:However, in particular, the sexual misconduct found proved with Pupil A is a serious ./Prohibition_Order_Mr_Andrew_Paterson.pdf-departure from the standards of personal and professional conduct expected of a ./Prohibition_Order_Mr_Andrew_Paterson.pdf-teacher and represents a significant breach of trust, particularly as Pupil A was in his ./Prohibition_Order_Mr_Andrew_Paterson.pdf-care as Head of the Sixth Form. This is aggravated by the serious misuse of the IT ./Prohibition_Order_Mr_Andrew_Paterson.pdf-equipment in his care. We have, therefore, decided that it is necessary to ./Prohibition_Order_Mr_Andrew_Paterson.pdf-recommend a Prohibition Order in order to maintain public confidence and to uphold ./Prohibition_Order_Mr_Andrew_Paterson.pdf-proper standards of conduct within the profession. ./Prohibition_Order_Mr_Andrew_Paterson.pdf- ./Prohibition_Order_Mr_Andrew_Paterson.pdf-Of course, we take into account the indication at section 7 (Review of Prohibition ./Prohibition_Order_Mr_Andrew_Paterson.pdf-Orders) of the Department of Education guidelines of 22 May 2013 that, where there ./Prohibition_Order_Mr_Andrew_Paterson.pdf:is serious sexual misconduct, the panel should consider imposing a Prohibition ./Prohibition_Order_Mr_Andrew_Paterson.pdf:Order with no provision for review. Any sexual misconduct between a teacher and ./Prohibition_Order_Mr_Andrew_Paterson.pdf-pupil is of the utmost seriousness. The facts as proved show that the pupil ./Prohibition_Order_Mr_Andrew_Paterson.pdf-approached Mr Paterson initially in person and by e mail, the relationship was short- ./Prohibition_Order_Mr_Andrew_Paterson.pdf-lived and the pupil was at the end of her school career. Together with Mr Paterson’s ./Prohibition_Order_Mr_Andrew_Paterson.pdf-relatively young age, previous successful record as a teacher and the evidence of ./Prohibition_Order_Mr_Andrew_Paterson.pdf-insight and remorse demonstrated in the course of his evidence, the Panel is firmly ./Prohibition_Order_Mr_Andrew_Paterson.pdf-of the view that a Prohibition Order with provision for review after 5 years is ./Prohibition_Order_Mr_Andrew_Paterson.pdf-appropriate. This is our recommendation. ./Prohibition_Order_Mr_Andrew_Paterson.pdf- ./Prohibition_Order_Mr_Andrew_Paterson.pdf- ./Prohibition_Order_Mr_Andrew_Paterson.pdf-I. Decision and Reasons on behalf of the Secretary of State ./Prohibition_Order_Mr_Andrew_Paterson.pdf- ./Prohibition_Order_Mr_Andrew_Paterson.pdf-I have given very careful consideration to this case and to the recommendations ./Prohibition_Order_Mr_Andrew_Paterson.pdf-made by the panel in respect of both sanction and review period. ./Prohibition_Order_Mr_Andrew_Paterson.pdf- ./Prohibition_Order_Mr_Andrew_Paterson.pdf-This is a very serious case. There is a clear escalation of misconduct which ./Prohibition_Order_Mr_Andrew_Paterson.pdf:culminates in a finding that Mr Paterson had sexual intercourse with Pupil A at his ./Prohibition_Order_Mr_Andrew_Paterson.pdf-home. This misconduct is a serious betrayal of trust and clearly is unacceptable ./Prohibition_Order_Mr_Andrew_Paterson.pdf-professional conduct. ./Prohibition_Order_Mr_Andrew_Paterson.pdf- ./Prohibition_Order_Mr_Andrew_Paterson.pdf-Indeed the panel have found unacceptable professional conduct for all the facts ./Prohibition_Order_Mr_Andrew_Paterson.pdf-proven in this case. For these reasons I support the recommendation of the panel ./Prohibition_Order_Mr_Andrew_Paterson.pdf-that Mr Paterson is prohibited from teaching. ./Prohibition_Order_Mr_Andrew_Paterson.pdf- ./Prohibition_Order_Mr_Andrew_Paterson.pdf-I turn next to the matter of a review period. The guidance indicates that where there ./Prohibition_Order_Mr_Andrew_Paterson.pdf:is serious sexual misconduct that a prohibition order with no provision for a review ./Prohibition_Order_Mr_Andrew_Paterson.pdf-should be imposed. ./Prohibition_Order_Mr_Andrew_Paterson.pdf- ./Prohibition_Order_Mr_Andrew_Paterson.pdf:In my judgement the finding of fact that sexual intercourse took place between Mr ./Prohibition_Order_Mr_Andrew_Paterson.pdf:Paterson and Pupil A is an example of the most serious sexual misconduct. I do not ./Prohibition_Order_Mr_Andrew_Paterson.pdf-believe that the issues relating to the first contact between Pupil A and Mr Paterson, ./Prohibition_Order_Mr_Andrew_Paterson.pdf-the length of the relationship or the fact that Pupil A was at the end of her school ./Prohibition_Order_Mr_Andrew_Paterson.pdf-career are factors that are exceptional enough to merit a different outcome from that ./Prohibition_Order_Mr_Andrew_Paterson.pdf-set out in the guidance. I have also taken into account the fact that the panel did ./Prohibition_Order_Mr_Andrew_Paterson.pdf- ./prohibition_order_mr_andrew_sutton_001.pdf-2010 until May 2010. His date of birth is 19 February 1985. Between September ./prohibition_order_mr_andrew_sutton_001.pdf-2007 and April 2009 he was employed by the Barclay School, Hertfordshire. ./prohibition_order_mr_andrew_sutton_001.pdf- ./prohibition_order_mr_andrew_sutton_001.pdf-In around September 2009, Mr Sutton made contact with Pupil A via Facebook. He ./prohibition_order_mr_andrew_sutton_001.pdf-sent a request to add her as a friend. Pupil A was a pupil at the Barclay School ./prohibition_order_mr_andrew_sutton_001.pdf-whilst Mr Sutton was employed there as a teacher. In September 2009 Mr Sutton ./prohibition_order_mr_andrew_sutton_001.pdf-began to exchange Facebook messages with Pupil A. In May 2011 he contacted ./prohibition_order_mr_andrew_sutton_001.pdf-Pupil A who was then 17 years old via Blackberry messaging and made comments ./prohibition_order_mr_andrew_sutton_001.pdf-to her which suggested he was attracted to her and asked if she was single. He ./prohibition_order_mr_andrew_sutton_001.pdf-accepts sending a number of messages to Pupil A which included sending an ./prohibition_order_mr_andrew_sutton_001.pdf:inappropriate and sexually explicit image of himself. Mr Sutton accepts that he ./prohibition_order_mr_andrew_sutton_001.pdf-engaged in inappropriate communications with Pupil A. ./prohibition_order_mr_andrew_sutton_001.pdf- ./prohibition_order_mr_andrew_sutton_001.pdf-The allegation we have considered is that Mr Sutton is guilty of unacceptable ./prohibition_order_mr_andrew_sutton_001.pdf-professional conduct and / or conduct bringing the profession into disrepute, in that: ./prohibition_order_mr_andrew_sutton_001.pdf- ./prohibition_order_mr_andrew_sutton_001.pdf- 1) Between September 2009 and May 2011 Mr Sutton engaged in ./prohibition_order_mr_andrew_sutton_001.pdf- inappropriate communications with Pupil A, a former pupil at Barclay ./prohibition_order_mr_andrew_sutton_001.pdf- Secondary School, Hertfordshire ./prohibition_order_mr_andrew_sutton_001.pdf- ./prohibition_order_mr_andrew_sutton_001.pdf-Findings of Fact -- ./prohibition_order_mr_andrew_sutton_001.pdf- ./prohibition_order_mr_andrew_sutton_001.pdf-Panel’s Recommendation to the Secretary of State ./prohibition_order_mr_andrew_sutton_001.pdf- ./prohibition_order_mr_andrew_sutton_001.pdf-We have considered this case very carefully and have considered the mitigation and ./prohibition_order_mr_andrew_sutton_001.pdf-evidence presented by the Teaching Agency and Mr Sutton. We have considered ./prohibition_order_mr_andrew_sutton_001.pdf-the representations which he has provided very carefully and note that he has ./prohibition_order_mr_andrew_sutton_001.pdf-accepted the allegation and that he has assisted in the investigation of this matter. ./prohibition_order_mr_andrew_sutton_001.pdf- ./prohibition_order_mr_andrew_sutton_001.pdf-We are significantly concerned by Mr Sutton's behaviour. It is clear to us that Mr ./prohibition_order_mr_andrew_sutton_001.pdf-Sutton took steps to contact the student and then after a break sent direct messages ./prohibition_order_mr_andrew_sutton_001.pdf:to her which were unsolicited. He sent a highly sexualised image to her and ./prohibition_order_mr_andrew_sutton_001.pdf-communicated in a manner which was highly inappropriate. His actions were ./prohibition_order_mr_andrew_sutton_001.pdf-deliberate and he was not acting under duress. ./prohibition_order_mr_andrew_sutton_001.pdf- ./prohibition_order_mr_andrew_sutton_001.pdf-Mr Sutton's conduct has fallen far below the standard expected of a teacher. We are ./prohibition_order_mr_andrew_sutton_001.pdf-of the view that his behaviour has the potential to undermine the reputation of the ./prohibition_order_mr_andrew_sutton_001.pdf-profession and to significantly damage public confidence in the standards expected ./prohibition_order_mr_andrew_sutton_001.pdf-of Teachers. His actions show that he has failed to maintain the paramount ./prohibition_order_mr_andrew_sutton_001.pdf-requirement for teachers to act in a way which safeguards pupils and ensures their ./prohibition_order_mr_andrew_sutton_001.pdf-wellbeing. He failed to observe and maintain appropriate professional boundaries ./prohibition_order_mr_andrew_sutton_001.pdf- ./Prohibition_order_Mr_Christopher_Mallinson.pdf-never given any indication that his conduct or behaviour would change as a result of ./Prohibition_order_Mr_Christopher_Mallinson.pdf-these allegations being brought against him”. (p 90) ./Prohibition_order_Mr_Christopher_Mallinson.pdf- ./Prohibition_order_Mr_Christopher_Mallinson.pdf-That summary accords absolutely with our reading of the case papers and our very real ./Prohibition_order_Mr_Christopher_Mallinson.pdf-anxiety that Mr Mallinson gives no indication in the papers, which he has lodged, that he ./Prohibition_order_Mr_Christopher_Mallinson.pdf-exhibits any intention or enthusiasm to amend his teaching practices, were he allowed to ./Prohibition_order_Mr_Christopher_Mallinson.pdf-return to the classroom. Equally we remain unconvinced that he exhibits any appreciation ./Prohibition_order_Mr_Christopher_Mallinson.pdf-at all that his conduct has been unacceptable. ./Prohibition_order_Mr_Christopher_Mallinson.pdf- ./Prohibition_order_Mr_Christopher_Mallinson.pdf-Having made that perception of Mr Mallinson clear, we appreciate that this case is put on ./Prohibition_order_Mr_Christopher_Mallinson.pdf:a limited basis, in that there is no allegation that Mr Mallinson’s behaviour was sexually ./Prohibition_order_Mr_Christopher_Mallinson.pdf-motivated or that any pupils have suffered identifiable harm as a consequence of what he ./Prohibition_order_Mr_Christopher_Mallinson.pdf-did. We also recognise that he was regarded by his Headteacher as a valued member of ./Prohibition_order_Mr_Christopher_Mallinson.pdf-staff. We have also noted that he received, on his account, outstanding assessments ./Prohibition_order_Mr_Christopher_Mallinson.pdf-from Ofsted. ./Prohibition_order_Mr_Christopher_Mallinson.pdf- ./Prohibition_order_Mr_Christopher_Mallinson.pdf-Taking those matters into account and in the interests of the Prohibition Order being ./Prohibition_order_Mr_Christopher_Mallinson.pdf-proportionate, we recommend that Mr Mallinson should be allowed to make a review ./Prohibition_order_Mr_Christopher_Mallinson.pdf-application, if he so wishes, once two years have elapsed from the making of the ./Prohibition_order_Mr_Christopher_Mallinson.pdf- ./Prohibition_order_Mr_Christopher_Mallinson.pdf- -- ./Prohibition_order_Mr_Christopher_Mallinson.pdf-the panel have properly considered the public interest considerations that apply. The ./Prohibition_order_Mr_Christopher_Mallinson.pdf-maintenance of proper professional boundaries is a fundamental obligation for a teacher ./Prohibition_order_Mr_Christopher_Mallinson.pdf-as set out in the Teachers’ Standards. There is a clear public interest in the protection of ./Prohibition_order_Mr_Christopher_Mallinson.pdf-pupils, the maintenance of public confidence in the profession and upholding proper ./Prohibition_order_Mr_Christopher_Mallinson.pdf-standards of conduct. Whilst there is no evidence of abuse, the panel’s principal concern ./Prohibition_order_Mr_Christopher_Mallinson.pdf-surrounds his failure to respond to warnings and advice. ./Prohibition_order_Mr_Christopher_Mallinson.pdf- ./Prohibition_order_Mr_Christopher_Mallinson.pdf-I agree with the panel’s recommendation that a prohibition order is both appropriate and ./Prohibition_order_Mr_Christopher_Mallinson.pdf-proportionate in this case. ./Prohibition_order_Mr_Christopher_Mallinson.pdf- ./Prohibition_order_Mr_Christopher_Mallinson.pdf:Mr Mallinson’s behaviour was not sexually motivated and there is no evidence to suggest ./Prohibition_order_Mr_Christopher_Mallinson.pdf-that pupils have suffered harm as a consequence of his behaviour. He was regarded as ./Prohibition_order_Mr_Christopher_Mallinson.pdf-valued member of the teaching staff. I agree with the panel’s recommendation that he ./Prohibition_order_Mr_Christopher_Mallinson.pdf-should be allowed to apply for the order to be set aside after a minimum period of two ./Prohibition_order_Mr_Christopher_Mallinson.pdf-years has elapsed. This would allow him to reflect upon his attitude to his conduct and ./Prohibition_order_Mr_Christopher_Mallinson.pdf-demonstrate that any ongoing concerns have been satisfactorily resolved. ./Prohibition_order_Mr_Christopher_Mallinson.pdf- ./Prohibition_order_Mr_Christopher_Mallinson.pdf-This means that Mr Christopher Mallinson is prohibited from teaching indefinitely ./Prohibition_order_Mr_Christopher_Mallinson.pdf-and cannot teach in any school, sixth form college, relevant youth accommodation ./Prohibition_order_Mr_Christopher_Mallinson.pdf-or children’s home in England. He may apply for the Prohibition Order to be set aside, ./Prohibition_order_Mr_Christopher_Mallinson.pdf-but not until 26 August 2016, 2 years from the date of this order at the earliest. This is not ./prohibition_order_mr_christopher_raymond_hood_001.pdf- ./prohibition_order_mr_christopher_raymond_hood_001.pdf-Opening statements ./prohibition_order_mr_christopher_raymond_hood_001.pdf- ./prohibition_order_mr_christopher_raymond_hood_001.pdf-The Presenting Officer ./prohibition_order_mr_christopher_raymond_hood_001.pdf- ./prohibition_order_mr_christopher_raymond_hood_001.pdf-The Presenting Officer provided a detailed opening submission which covered the ./prohibition_order_mr_christopher_raymond_hood_001.pdf-background to Mr Hood’s appointment as Head Teacher at Hillside First School and ./prohibition_order_mr_christopher_raymond_hood_001.pdf-the period for which he was the Designated Teacher for Child Protection. She ./prohibition_order_mr_christopher_raymond_hood_001.pdf-outlined the background to Individual A’s employment at the School and the ./prohibition_order_mr_christopher_raymond_hood_001.pdf-matters which gave rise to his arrest and subsequent conviction (on 10 June ./prohibition_order_mr_christopher_raymond_hood_001.pdf:2011) for 36 sexual offences on 10 June 2011. ./prohibition_order_mr_christopher_raymond_hood_001.pdf- ./prohibition_order_mr_christopher_raymond_hood_001.pdf-In opening, the Presenting Officer set out the investigation that took place in relation ./prohibition_order_mr_christopher_raymond_hood_001.pdf-to Mr Hood as a consequence of concerns raised that a number of potential ./prohibition_order_mr_christopher_raymond_hood_001.pdf-safeguarding incidents had been brought to his attention but that he had failed to ./prohibition_order_mr_christopher_raymond_hood_001.pdf-take appropriate action or seek specialist advice. The Presenting Officer provided ./prohibition_order_mr_christopher_raymond_hood_001.pdf-further and more detailed particulars of the allegations which included ten incidents ./prohibition_order_mr_christopher_raymond_hood_001.pdf-relied upon in support of allegation 1a and further information in relation to ./prohibition_order_mr_christopher_raymond_hood_001.pdf-allegations 1b to 1e and allegation 2 (at pages 1c to 1e of the case papers). ./prohibition_order_mr_christopher_raymond_hood_001.pdf- ./prohibition_order_mr_christopher_raymond_hood_001.pdf-Teacher’s Representation -- ./prohibition_order_mr_christopher_raymond_hood_001.pdf- intended to stop her talking about Individual A. It was an act of kindness, ./prohibition_order_mr_christopher_raymond_hood_001.pdf- intended to provide her with comfort. ./prohibition_order_mr_christopher_raymond_hood_001.pdf- ./prohibition_order_mr_christopher_raymond_hood_001.pdf- In relation to allegation 1 (a) 10, he stated that Individual E initially dealt with ./prohibition_order_mr_christopher_raymond_hood_001.pdf- the incident reported and told him about it. With the involvement of the ./prohibition_order_mr_christopher_raymond_hood_001.pdf- pupil’s parent, advice was sought from an Educational Psychologist. Individual ./prohibition_order_mr_christopher_raymond_hood_001.pdf- B was asked to report any occasion when she witnessed the pupil rocking. At ./prohibition_order_mr_christopher_raymond_hood_001.pdf- the time the pupil’s parents were particularly supportive of Individual A. ./prohibition_order_mr_christopher_raymond_hood_001.pdf- ./prohibition_order_mr_christopher_raymond_hood_001.pdf- He did not consider the totality of incidents relating to Individual A to be ./prohibition_order_mr_christopher_raymond_hood_001.pdf: suggestive that he was grooming pupils for sexual abuse. With the benefit of ./prohibition_order_mr_christopher_raymond_hood_001.pdf- hindsight, it was clear that that such activity had taken place but Mr Hood did ./prohibition_order_mr_christopher_raymond_hood_001.pdf- not have evidence of this at the time. He had not noted a pattern in Individual ./prohibition_order_mr_christopher_raymond_hood_001.pdf- A’s behaviour. ./prohibition_order_mr_christopher_raymond_hood_001.pdf- ./prohibition_order_mr_christopher_raymond_hood_001.pdf- He had been involved in the review of safeguarding policies in force at the ./prohibition_order_mr_christopher_raymond_hood_001.pdf- School. The policies had been based on North Somerset Council templates. ./prohibition_order_mr_christopher_raymond_hood_001.pdf- ./prohibition_order_mr_christopher_raymond_hood_001.pdf- Staff were made aware of the contents of policies via training delivered by the ./prohibition_order_mr_christopher_raymond_hood_001.pdf- Local Authority, and by Inset training. ./prohibition_order_mr_christopher_raymond_hood_001.pdf- -- ./prohibition_order_mr_christopher_raymond_hood_001.pdf- Witness B’s and Witness G’s evidence that Mr Hood did not support them to ./prohibition_order_mr_christopher_raymond_hood_001.pdf- raise concerns. ./prohibition_order_mr_christopher_raymond_hood_001.pdf- ./prohibition_order_mr_christopher_raymond_hood_001.pdf- In relation to allegation 2, Mr Hood accepted that he was responsible for ./prohibition_order_mr_christopher_raymond_hood_001.pdf- securing a safe environment for children in this School. Furthermore, he had ./prohibition_order_mr_christopher_raymond_hood_001.pdf- undertaken training and was familiar with the safeguarding guidance as it was ./prohibition_order_mr_christopher_raymond_hood_001.pdf- rolled out. He had a key role in the School’s safeguarding policies. He failed ./prohibition_order_mr_christopher_raymond_hood_001.pdf- consider the cumulative affect of Individual A’s behaviour. Mr Hood accepted ./prohibition_order_mr_christopher_raymond_hood_001.pdf- that he dealt with each incident in isolation. He accepts he was not able to ./prohibition_order_mr_christopher_raymond_hood_001.pdf- give consideration as to whether Individual A’s conduct could be seen as ./prohibition_order_mr_christopher_raymond_hood_001.pdf: grooming. At all times the School had access to specialist external advice. ./prohibition_order_mr_christopher_raymond_hood_001.pdf- Mr Hood could have sought advice from an independent view which may have ./prohibition_order_mr_christopher_raymond_hood_001.pdf- identified a pattern of conduct. He failed as a Head Teacher in that he did ./prohibition_order_mr_christopher_raymond_hood_001.pdf- not create an environment where staff could raise concerns about poor practice ./prohibition_order_mr_christopher_raymond_hood_001.pdf- by Individual A. ./prohibition_order_mr_christopher_raymond_hood_001.pdf- ./prohibition_order_mr_christopher_raymond_hood_001.pdf- In relation to unacceptable professional conduct the Panel should consider this ./prohibition_order_mr_christopher_raymond_hood_001.pdf- matter as a whole. Mr Hood was the School’s Head Teacher and at the time of ./prohibition_order_mr_christopher_raymond_hood_001.pdf- a number of the incidents Mr Hood was also the DTCP. He had heightened ./prohibition_order_mr_christopher_raymond_hood_001.pdf- responsibility to appropriately address safeguarding issues and failed to do so. ./prohibition_order_mr_christopher_raymond_hood_001.pdf- -- ./prohibition_order_mr_christopher_raymond_hood_001.pdf-The outcome of the disciplinary hearing was that Mr Hood was summarily dismissed ./prohibition_order_mr_christopher_raymond_hood_001.pdf-on 3 November 2011 on the grounds of gross misconduct. Mr Hood was referred to ./prohibition_order_mr_christopher_raymond_hood_001.pdf-the GTC on 25 November 2011. His case was outstanding when the GTC was ./prohibition_order_mr_christopher_raymond_hood_001.pdf-abolished and has since been referred to this Panel. ./prohibition_order_mr_christopher_raymond_hood_001.pdf- ./prohibition_order_mr_christopher_raymond_hood_001.pdf-Individual A was a teacher employed at the School from September 1995 as a ./prohibition_order_mr_christopher_raymond_hood_001.pdf-mature, newly qualified teacher. When Mr Hood was appointed as Head Teacher, he ./prohibition_order_mr_christopher_raymond_hood_001.pdf-became Individual A’s line manager. ./prohibition_order_mr_christopher_raymond_hood_001.pdf- ./prohibition_order_mr_christopher_raymond_hood_001.pdf-On 13 December 2010 Individual A was arrested by Avon and Somerset Police ./prohibition_order_mr_christopher_raymond_hood_001.pdf:in relation to a number of sexual offences against pupils at the School. Subsequently ./prohibition_order_mr_christopher_raymond_hood_001.pdf:in May 2011, Individual A admitted 36 sexual offences at Bristol Crown Court, which ./prohibition_order_mr_christopher_raymond_hood_001.pdf:included one count of attempted rape, 22 of sexually assaulting a child under 13 and ./prohibition_order_mr_christopher_raymond_hood_001.pdf:8 of sexual assault by penetration of a child. He admitted to one charge of ./prohibition_order_mr_christopher_raymond_hood_001.pdf:voyeurism, one charge of causing or inciting a child under 14 to commit sexual ./prohibition_order_mr_christopher_raymond_hood_001.pdf-activity and two charges of possessing indecent images of children. Individual A was ./prohibition_order_mr_christopher_raymond_hood_001.pdf-convicted of these offences and given an indeterminate prison sentence, with eight ./prohibition_order_mr_christopher_raymond_hood_001.pdf-and half years to be served before he can be considered for parole. ./prohibition_order_mr_christopher_raymond_hood_001.pdf- ./prohibition_order_mr_christopher_raymond_hood_001.pdf-These criminal offences were committed by Individual A and it was not in dispute that ./prohibition_order_mr_christopher_raymond_hood_001.pdf-he alone is accountable for this behaviour. There is no suggestion that Mr Hood was ./prohibition_order_mr_christopher_raymond_hood_001.pdf-aware of the criminal offences perpetrated by Individual A. ./prohibition_order_mr_christopher_raymond_hood_001.pdf- ./prohibition_order_mr_christopher_raymond_hood_001.pdf-Findings of fact ./prohibition_order_mr_christopher_raymond_hood_001.pdf- -- ./prohibition_order_mr_christopher_raymond_hood_001.pdf- December 2010. Individual E reported that Individual B had noticed that a pupil in ./prohibition_order_mr_christopher_raymond_hood_001.pdf- Individual A's class had been touching herself repeatedly and had begun to ./prohibition_order_mr_christopher_raymond_hood_001.pdf- make a rocking motion with her body and hands in class. The child was referred ./prohibition_order_mr_christopher_raymond_hood_001.pdf- to the Education Psychologist by Individual E with Mr Hood’s knowledge ./prohibition_order_mr_christopher_raymond_hood_001.pdf- and although the Deputy Head and Mr Hood discussed the matter they did not ./prohibition_order_mr_christopher_raymond_hood_001.pdf- consider the evidence was sufficient to instigate safeguarding procedures ./prohibition_order_mr_christopher_raymond_hood_001.pdf- immediately. The Panel is satisfied that the behaviour displayed by the pupil was ./prohibition_order_mr_christopher_raymond_hood_001.pdf- sufficiently serious to warrant the matter being recorded in the Child Protection ./prohibition_order_mr_christopher_raymond_hood_001.pdf- Register and the instigation of parallel and immediate safeguarding procedures. ./prohibition_order_mr_christopher_raymond_hood_001.pdf- Further developments were influenced by this pupil subsequently disclosing ./prohibition_order_mr_christopher_raymond_hood_001.pdf: sexual abuse on the part of Individual A and the police involvement that then ./prohibition_order_mr_christopher_raymond_hood_001.pdf- ensued. ./prohibition_order_mr_christopher_raymond_hood_001.pdf- The Panel is satisfied that Mr Hood did not take appropriate action in relation to ./prohibition_order_mr_christopher_raymond_hood_001.pdf- this safeguarding incident, which had been brought to his attention, which ./prohibition_order_mr_christopher_raymond_hood_001.pdf- subsequently was shown to relate to the conduct of Individual A. ./prohibition_order_mr_christopher_raymond_hood_001.pdf- ./prohibition_order_mr_christopher_raymond_hood_001.pdf-The Panel is satisfied that Mr Hood did not take appropriate action on seven ./prohibition_order_mr_christopher_raymond_hood_001.pdf-safeguarding incidents (1, 3, 4, 5, 7, 8, and 9) brought to his attention relating to ./prohibition_order_mr_christopher_raymond_hood_001.pdf-Individual A. These seven incidents, taken together, represent a substantial set of ./prohibition_order_mr_christopher_raymond_hood_001.pdf-safeguarding incidents relating to one member of staff. There are repeated mentions of ./prohibition_order_mr_christopher_raymond_hood_001.pdf-“favouritism” and inappropriate physical contact with pupils occurring over a period of ./prohibition_order_mr_christopher_steel.pdf-be a continuing risk given an apparent deep-seated attitude that leads to harmful ./prohibition_order_mr_christopher_steel.pdf-behaviour. ./prohibition_order_mr_christopher_steel.pdf- ./prohibition_order_mr_christopher_steel.pdf-We have taken account of the admissions that have been made by Mr Steel, which ./prohibition_order_mr_christopher_steel.pdf-are to his credit. Nevertheless, his statement does not indicate sufficient insight into ./prohibition_order_mr_christopher_steel.pdf-his misconduct and we cannot be confident that he has fully understood the ./prohibition_order_mr_christopher_steel.pdf-consequences of his actions and that he would not repeat them. ./prohibition_order_mr_christopher_steel.pdf- ./prohibition_order_mr_christopher_steel.pdf-We recommend that Mr Steel should be allowed to apply to set aside the Prohibition ./prohibition_order_mr_christopher_steel.pdf-Order but not before three years have elapsed. This is because, in the context of the ./prohibition_order_mr_christopher_steel.pdf:allegations we have considered, there was no allegation of serious sexual ./prohibition_order_mr_christopher_steel.pdf-misconduct and Mr Steel demonstrated that he had some insight into his behaviour ./prohibition_order_mr_christopher_steel.pdf-which, with a further period of reflection, may develop into a full understanding of his ./prohibition_order_mr_christopher_steel.pdf-failings such that he may be able return to the teaching profession. We have also ./prohibition_order_mr_christopher_steel.pdf-noted the recommendation by the England and Wales Cricket Board that he undergo ./prohibition_order_mr_christopher_steel.pdf-a forensic social worker risk assessment. ./prohibition_order_mr_christopher_steel.pdf- ./prohibition_order_mr_christopher_steel.pdf-Secretary of State’s Decision and Reasons ./prohibition_order_mr_christopher_steel.pdf- ./prohibition_order_mr_christopher_steel.pdf-I have given due consideration to both the findings and recommendations of the ./prohibition_order_mr_christopher_steel.pdf-panel in this case. ./Prohibition_Order_Mr_Christopher_Turner.pdf- 2 ./Prohibition_Order_Mr_Christopher_Turner.pdf- ./Prohibition_Order_Mr_Christopher_Turner.pdf- ./Prohibition_Order_Mr_Christopher_Turner.pdf- ./Prohibition_Order_Mr_Christopher_Turner.pdf- ./Prohibition_Order_Mr_Christopher_Turner.pdf:Cause / incite sexual activity with female 13–17 offender 18 or over abuse of a ./Prohibition_Order_Mr_Christopher_Turner.pdf-position of trust, on 02/09/11- 08/03/12. ./Prohibition_Order_Mr_Christopher_Turner.pdf- ./Prohibition_Order_Mr_Christopher_Turner.pdf-Mr Turner accepts the allegation set out in the Notice of Referral sent on 16 July ./Prohibition_Order_Mr_Christopher_Turner.pdf-2012 and admits that those facts amount to unacceptable professional conduct and ./Prohibition_Order_Mr_Christopher_Turner.pdf-conduct that brings the profession into disrepute. ./Prohibition_Order_Mr_Christopher_Turner.pdf- ./Prohibition_Order_Mr_Christopher_Turner.pdf-C. Summary of Evidence ./Prohibition_Order_Mr_Christopher_Turner.pdf- ./Prohibition_Order_Mr_Christopher_Turner.pdf-Documents ./Prohibition_Order_Mr_Christopher_Turner.pdf- -- ./Prohibition_Order_Mr_Christopher_Turner.pdf-2012. ./Prohibition_Order_Mr_Christopher_Turner.pdf- ./Prohibition_Order_Mr_Christopher_Turner.pdf-Summary ./Prohibition_Order_Mr_Christopher_Turner.pdf- ./Prohibition_Order_Mr_Christopher_Turner.pdf-Mr Christopher Turner, whose date of birth is 8 April 1955, was employed at St ./Prohibition_Order_Mr_Christopher_Turner.pdf-Bede's Roman Catholic High School as a full time teacher from February 1999 until ./Prohibition_Order_Mr_Christopher_Turner.pdf-August 2011 when he retired. Following retirement, he returned to provide ./Prohibition_Order_Mr_Christopher_Turner.pdf-occasional supply cover at the school during the 2011-2012 academic year. Mr ./Prohibition_Order_Mr_Christopher_Turner.pdf-Turner had met Student A whilst at the school. He was aware that Student A was a ./Prohibition_Order_Mr_Christopher_Turner.pdf-vulnerable student and that she had been involved in a relationship with an older ./Prohibition_Order_Mr_Christopher_Turner.pdf:man who has been suspected of grooming her. ./Prohibition_Order_Mr_Christopher_Turner.pdf- ./Prohibition_Order_Mr_Christopher_Turner.pdf-In September 2011, Mr Turner delivered a handwritten letter to Student A through ./Prohibition_Order_Mr_Christopher_Turner.pdf-which he invited her to contact him via Facebook. He had obtained the contact ./Prohibition_Order_Mr_Christopher_Turner.pdf-details from the school's computer system. In November 2011, Mr Turner had ./Prohibition_Order_Mr_Christopher_Turner.pdf-returned to the school to undertake supply work on a casual basis and in December ./Prohibition_Order_Mr_Christopher_Turner.pdf-he had delivered a birthday card to her. In February 2012 he hand delivered a ./Prohibition_Order_Mr_Christopher_Turner.pdf-Valentine's Day card to Student A – within the card he included a plastic heart and a ./Prohibition_Order_Mr_Christopher_Turner.pdf- -- ./Prohibition_Order_Mr_Christopher_Turner.pdf- 3 ./Prohibition_Order_Mr_Christopher_Turner.pdf- ./Prohibition_Order_Mr_Christopher_Turner.pdf- ./Prohibition_Order_Mr_Christopher_Turner.pdf-CD of 18 love songs which he had selected. He also subsequently invited the ./Prohibition_Order_Mr_Christopher_Turner.pdf-student to meet him in the local park. ./Prohibition_Order_Mr_Christopher_Turner.pdf- ./Prohibition_Order_Mr_Christopher_Turner.pdf-Mr Turner accepts that he received a caution from Lancashire Constabulary on 8 ./Prohibition_Order_Mr_Christopher_Turner.pdf:March 2012 for the offence of causing / inciting sexual activity with a female aged ./Prohibition_Order_Mr_Christopher_Turner.pdf-13-17, abuse of position of trust and he has accepted that he had abused his ./Prohibition_Order_Mr_Christopher_Turner.pdf-position of trust as a teacher. ./Prohibition_Order_Mr_Christopher_Turner.pdf- ./Prohibition_Order_Mr_Christopher_Turner.pdf-The allegation we have considered is that Mr Christopher Turner is guilty of ./Prohibition_Order_Mr_Christopher_Turner.pdf-unacceptable professional conduct and/or conduct that may bring the profession into ./Prohibition_Order_Mr_Christopher_Turner.pdf-disrepute in that he was cautioned by Lancashire Constabulary on 8 March 2012 for ./Prohibition_Order_Mr_Christopher_Turner.pdf-the following offence: ./Prohibition_Order_Mr_Christopher_Turner.pdf- ./Prohibition_Order_Mr_Christopher_Turner.pdf:Cause / incite sexual activity with female 13–17 offender 18 or over abuse of a ./Prohibition_Order_Mr_Christopher_Turner.pdf-position of trust, on 02/09/11- 08/03/12. ./Prohibition_Order_Mr_Christopher_Turner.pdf- ./Prohibition_Order_Mr_Christopher_Turner.pdf-Findings of Fact ./Prohibition_Order_Mr_Christopher_Turner.pdf- ./Prohibition_Order_Mr_Christopher_Turner.pdf-We have found the particulars of the allegation against Mr Turner proven, for the ./Prohibition_Order_Mr_Christopher_Turner.pdf-following reasons: ./Prohibition_Order_Mr_Christopher_Turner.pdf- ./Prohibition_Order_Mr_Christopher_Turner.pdf-We have considered all of the evidence contained within the bundle. This evidence ./Prohibition_Order_Mr_Christopher_Turner.pdf-has included a copy of the caution and documentation relating to the police ./Prohibition_Order_Mr_Christopher_Turner.pdf-investigation. We have carefully considered the Agreed Statement of Facts and ./Prohibition_order_Mr_Daniel_Cochrane.pdf-The panel considered the allegation(s) set out in the Notice of Proceedings dated 15 April ./Prohibition_order_Mr_Daniel_Cochrane.pdf-2015. ./Prohibition_order_Mr_Daniel_Cochrane.pdf- ./Prohibition_order_Mr_Daniel_Cochrane.pdf-It was alleged that Mr Daniel Cochrane was guilty of unacceptable professional conduct ./Prohibition_order_Mr_Daniel_Cochrane.pdf-and/or conduct that may bring the profession into disrepute in that whilst he was ./Prohibition_order_Mr_Daniel_Cochrane.pdf-employed as a Teacher at Lord Lawson of Beamish Community School during 2011 he: ./Prohibition_order_Mr_Daniel_Cochrane.pdf- ./Prohibition_order_Mr_Daniel_Cochrane.pdf-1. Engaged in inappropriate communication with Girl A, a child under the age of 16 years, ./Prohibition_order_Mr_Daniel_Cochrane.pdf-in that he: ./Prohibition_order_Mr_Daniel_Cochrane.pdf- ./Prohibition_order_Mr_Daniel_Cochrane.pdf:a) Sent sexually explicit text messages to Girl A; ./Prohibition_order_Mr_Daniel_Cochrane.pdf- ./Prohibition_order_Mr_Daniel_Cochrane.pdf-b) Asked Girl A to send photograph messages of herself in her underwear to him; ./Prohibition_order_Mr_Daniel_Cochrane.pdf- ./Prohibition_order_Mr_Daniel_Cochrane.pdf-c) Sent photograph messages of himself displaying his naked arms and chest to Pupil A. ./Prohibition_order_Mr_Daniel_Cochrane.pdf- ./Prohibition_order_Mr_Daniel_Cochrane.pdf-2. Engaged in inappropriate physical contact with Girl A in that whilst they were alone ./Prohibition_order_Mr_Daniel_Cochrane.pdf-together in his car he: ./Prohibition_order_Mr_Daniel_Cochrane.pdf- ./Prohibition_order_Mr_Daniel_Cochrane.pdf-a) Kissed her; ./Prohibition_order_Mr_Daniel_Cochrane.pdf- ./Prohibition_order_Mr_Daniel_Cochrane.pdf-b) Allowed her to touch and/or masturbate his penis; ./Prohibition_order_Mr_Daniel_Cochrane.pdf- ./Prohibition_order_Mr_Daniel_Cochrane.pdf-c) Touched her over her clothing. ./Prohibition_order_Mr_Daniel_Cochrane.pdf- ./Prohibition_order_Mr_Daniel_Cochrane.pdf:3. His conduct set out at paragraphs 1 and/or 2 was sexually motivated. ./Prohibition_order_Mr_Daniel_Cochrane.pdf- ./Prohibition_order_Mr_Daniel_Cochrane.pdf-4. Whilst engaging in the conduct set out at paragraphs 1 and/or 2 above he knew that ./Prohibition_order_Mr_Daniel_Cochrane.pdf-Girl A was under the age of 16. ./Prohibition_order_Mr_Daniel_Cochrane.pdf- ./Prohibition_order_Mr_Daniel_Cochrane.pdf- ./Prohibition_order_Mr_Daniel_Cochrane.pdf-Preliminary applications ./Prohibition_order_Mr_Daniel_Cochrane.pdf-At an earlier case management directions hearing it had been decided that Mr ./Prohibition_order_Mr_Daniel_Cochrane.pdf-Cochrane's case would be heard with Mr Lord and Mr Green in accordance with rule 4.61 ./Prohibition_order_Mr_Daniel_Cochrane.pdf-of the Teacher Misconduct: Disciplinary Procedures for the Teaching Profession. ./Prohibition_order_Mr_Daniel_Cochrane.pdf- -- ./Prohibition_order_Mr_Daniel_Cochrane.pdf-Accordingly the panel finds allegation 4 proved. ./Prohibition_order_Mr_Daniel_Cochrane.pdf- ./Prohibition_order_Mr_Daniel_Cochrane.pdf-1(a) Whilst he was employed as Teacher at Lord Lawson of Beamish Community ./Prohibition_order_Mr_Daniel_Cochrane.pdf:School during 2011, he sent sexually explicit text messages to Girl A. ./Prohibition_order_Mr_Daniel_Cochrane.pdf- ./Prohibition_order_Mr_Daniel_Cochrane.pdf-The panel has seen the record of text messages between Girl A and Mr Cochrane at ./Prohibition_order_Mr_Daniel_Cochrane.pdf-pages 233 to 268 of the hearing bundle. The text messages are dated from 12 June 2011 ./Prohibition_order_Mr_Daniel_Cochrane.pdf-to 24 June 2011; Girl A told the panel that her telephone had been wiped of previous ./Prohibition_order_Mr_Daniel_Cochrane.pdf-messages on 10 June 2011. Girl A accepted in evidence that the texts had been sent ./Prohibition_order_Mr_Daniel_Cochrane.pdf-and Mr Cochrane in his email of 6 July 2015 to the presenting officer stated 'a number of ./Prohibition_order_Mr_Daniel_Cochrane.pdf:texts of a sexual nature were sent back and forwards between myself and Girl A'. ./Prohibition_order_Mr_Daniel_Cochrane.pdf- ./Prohibition_order_Mr_Daniel_Cochrane.pdf:The panel finds the content of some of the text messages to be sexually explicit. ./Prohibition_order_Mr_Daniel_Cochrane.pdf- ./Prohibition_order_Mr_Daniel_Cochrane.pdf-The panel is satisfied that particular (a) of allegation 1 is proved. ./Prohibition_order_Mr_Daniel_Cochrane.pdf- ./Prohibition_order_Mr_Daniel_Cochrane.pdf-1(b) Whilst he was employed as a Teacher at Lord Lawson of Beamish Community ./Prohibition_order_Mr_Daniel_Cochrane.pdf-School during 2011, he asked Girl A to send photograph messages of herself in ./Prohibition_order_Mr_Daniel_Cochrane.pdf-her underwear to him. ./Prohibition_order_Mr_Daniel_Cochrane.pdf- ./Prohibition_order_Mr_Daniel_Cochrane.pdf-Mr Cochrane made a request of Girl A by text for a photograph of herself. Girl A ./Prohibition_order_Mr_Daniel_Cochrane.pdf-understood the request to be asking for a naked photograph of her and she gained this ./Prohibition_order_Mr_Daniel_Cochrane.pdf-impression from the nature of the recent texts from Mr Cochrane. Girl A sent to Mr -- ./Prohibition_order_Mr_Daniel_Cochrane.pdf-Community School during 2011 he engaged in inappropriate physical contact with ./Prohibition_order_Mr_Daniel_Cochrane.pdf-Girl A in that whilst they were alone together in his car he kissed her, he allowed ./Prohibition_order_Mr_Daniel_Cochrane.pdf-her to touch and/or masturbate his penis, and he touched her over her clothing. ./Prohibition_order_Mr_Daniel_Cochrane.pdf- ./Prohibition_order_Mr_Daniel_Cochrane.pdf-The particulars at (a) (b) and (c) relate to one alleged incident and it is therefore ./Prohibition_order_Mr_Daniel_Cochrane.pdf-appropriate to consider them together. Girl A gave evidence to the panel that sometime ./Prohibition_order_Mr_Daniel_Cochrane.pdf-in May 2011 she met with Mr Cochrane. Girl A's evidence was that he picked her up in ./Prohibition_order_Mr_Daniel_Cochrane.pdf-his car and drove to a site of an old factory. Girl A said that they kissed. She then ./Prohibition_order_Mr_Daniel_Cochrane.pdf-masturbated Mr Cochrane for approximately 5 minutes and he then ejaculated. Girl A ./Prohibition_order_Mr_Daniel_Cochrane.pdf-said that he touched her intimately over her clothing. It was the evidence of Girl A that ./Prohibition_order_Mr_Daniel_Cochrane.pdf:this was the only time she met with Mr Cochrane and it was the only occasion that sexual ./Prohibition_order_Mr_Daniel_Cochrane.pdf-touching had taken place between them. ./Prohibition_order_Mr_Daniel_Cochrane.pdf- ./Prohibition_order_Mr_Daniel_Cochrane.pdf-Mr Cochrane always maintained that he never met Girl A. That was his position at the ./Prohibition_order_Mr_Daniel_Cochrane.pdf-criminal trial and Judge Prince captured the issue in these words to the jury, 'He says I ./Prohibition_order_Mr_Daniel_Cochrane.pdf-never met [Girl A]. [Girl A] says we did meet in the car. So in this case you will have to ./Prohibition_order_Mr_Daniel_Cochrane.pdf-decide has he lied to us or not?' ./Prohibition_order_Mr_Daniel_Cochrane.pdf- ./Prohibition_order_Mr_Daniel_Cochrane.pdf-As there is a conflict in the evidence the panel has carefully examined the exchange of ./Prohibition_order_Mr_Daniel_Cochrane.pdf-texts between Mr Cochrane and Girl A and those in particular at C255 to 256. The panel ./Prohibition_order_Mr_Daniel_Cochrane.pdf-has concluded on the balance of probabilities that on 15 June 2011 Girl A and Mr ./Prohibition_order_Mr_Daniel_Cochrane.pdf-Cochrane arranged to meet on that day. From the text messages sent later on 15 June ./Prohibition_order_Mr_Daniel_Cochrane.pdf:2011 it is evident that a sexual encounter had occurred and it is the panel's view that, on ./Prohibition_order_Mr_Daniel_Cochrane.pdf:the balance of probabilities, Girl A performed oral sex on Mr Cochrane. Whilst there ./Prohibition_order_Mr_Daniel_Cochrane.pdf-appears to be an inconsistency on the date, in the panel's view, the text exchange ./Prohibition_order_Mr_Daniel_Cochrane.pdf-corroborates the evidence of Girl A to the panel. ./Prohibition_order_Mr_Daniel_Cochrane.pdf- ./Prohibition_order_Mr_Daniel_Cochrane.pdf-The presenting officer and the panel have not had the opportunity of putting questions to ./Prohibition_order_Mr_Daniel_Cochrane.pdf-Mr Cochrane as to this issue. Girl A gave evidence as to the incident and in the view of ./Prohibition_order_Mr_Daniel_Cochrane.pdf-the panel she gave a detailed and truthful account of what happened at the meeting. The ./Prohibition_order_Mr_Daniel_Cochrane.pdf-panel accepts her evidence as truthful and therefore finds the allegation proved. ./Prohibition_order_Mr_Daniel_Cochrane.pdf- ./Prohibition_order_Mr_Daniel_Cochrane.pdf-2. Whilst he was employed as Teacher at Lord Lawson of Beamish Community ./Prohibition_order_Mr_Daniel_Cochrane.pdf-School during 2011 he engaged in inappropriate physical contact with Girl A. -- ./Prohibition_order_Mr_Daniel_Cochrane.pdf-The panel has found particulars (a) (b) and (c) proved and accordingly is satisfied that Mr ./Prohibition_order_Mr_Daniel_Cochrane.pdf-Cochrane engaged in inappropriate physical contact with Girl A, a child under the age of ./Prohibition_order_Mr_Daniel_Cochrane.pdf-16 years. ./Prohibition_order_Mr_Daniel_Cochrane.pdf- ./Prohibition_order_Mr_Daniel_Cochrane.pdf-Accordingly the panel finds allegation 2 proved. ./Prohibition_order_Mr_Daniel_Cochrane.pdf- ./Prohibition_order_Mr_Daniel_Cochrane.pdf-3. Whilst he was employed as Teacher at Lord Lawson of Beamish Community ./Prohibition_order_Mr_Daniel_Cochrane.pdf:School during 2011 his conduct set out at paragraphs 1 and/or 2 was sexually ./Prohibition_order_Mr_Daniel_Cochrane.pdf-motivated. ./Prohibition_order_Mr_Daniel_Cochrane.pdf- ./Prohibition_order_Mr_Daniel_Cochrane.pdf-The panel has accepted the advice of the legal adviser to consider whether there is direct ./Prohibition_order_Mr_Daniel_Cochrane.pdf-evidence of motive or whether the panel is satisfied on the balance of probabilities that ./Prohibition_order_Mr_Daniel_Cochrane.pdf:sexual motivation can be inferred from all the circumstances. The panel is satisfied that ./Prohibition_order_Mr_Daniel_Cochrane.pdf-on a plain reading of the admitted communications passing between Girl A and Mr ./Prohibition_order_Mr_Daniel_Cochrane.pdf:Cochrane, the conduct was plainly sexually motivated. ./Prohibition_order_Mr_Daniel_Cochrane.pdf- ./Prohibition_order_Mr_Daniel_Cochrane.pdf-Accordingly the panel finds allegation 3 proved. ./Prohibition_order_Mr_Daniel_Cochrane.pdf- ./Prohibition_order_Mr_Daniel_Cochrane.pdf-Findings as to unacceptable professional conduct and/or conduct that ./Prohibition_order_Mr_Daniel_Cochrane.pdf-may bring the profession into disrepute ./Prohibition_order_Mr_Daniel_Cochrane.pdf-Having found a number of the allegations to have been proven, the panel has gone on to ./Prohibition_order_Mr_Daniel_Cochrane.pdf-consider whether the facts of those proven allegations amount to unacceptable ./Prohibition_order_Mr_Daniel_Cochrane.pdf-professional conduct and/or conduct that may bring the profession into disrepute. ./Prohibition_order_Mr_Daniel_Cochrane.pdf- ./Prohibition_order_Mr_Daniel_Cochrane.pdf-The conduct found proved is outside of the education setting. It is very serious and in the -- ./Prohibition_order_Mr_Daniel_Cochrane.pdf- ./Prohibition_order_Mr_Daniel_Cochrane.pdf-  Declaring and upholding proper standards of conduct. ./Prohibition_order_Mr_Daniel_Cochrane.pdf- ./Prohibition_order_Mr_Daniel_Cochrane.pdf-The panel has considered the Advice on teachers' misconduct in relation to the ./Prohibition_order_Mr_Daniel_Cochrane.pdf-prohibition of teachers, and has concluded that the following are relevant: ./Prohibition_order_Mr_Daniel_Cochrane.pdf- ./Prohibition_order_Mr_Daniel_Cochrane.pdf-  Serious departure from the personal and professional conduct elements of the ./Prohibition_order_Mr_Daniel_Cochrane.pdf- latest Teachers' Standards, as published by, or on behalf of, the Secretary of ./Prohibition_order_Mr_Daniel_Cochrane.pdf- State; ./Prohibition_order_Mr_Daniel_Cochrane.pdf- ./Prohibition_order_Mr_Daniel_Cochrane.pdf:  Sexual misconduct involving actions that were sexually motivated. ./Prohibition_order_Mr_Daniel_Cochrane.pdf- ./Prohibition_order_Mr_Daniel_Cochrane.pdf- ./Prohibition_order_Mr_Daniel_Cochrane.pdf- ./Prohibition_order_Mr_Daniel_Cochrane.pdf- ./Prohibition_order_Mr_Daniel_Cochrane.pdf- 11 ./Prohibition_order_Mr_Daniel_Cochrane.pdf- -- ./Prohibition_order_Mr_Daniel_Cochrane.pdf- ./Prohibition_order_Mr_Daniel_Cochrane.pdf-  Declaring and upholding proper standards of conduct. ./Prohibition_order_Mr_Daniel_Cochrane.pdf- ./Prohibition_order_Mr_Daniel_Cochrane.pdf-Mr Cochrane’s actions were deliberate and he was not acting under duress. He has ./Prohibition_order_Mr_Daniel_Cochrane.pdf-chosen not to attend and has therefore not been able to put forward any mitigation on his ./Prohibition_order_Mr_Daniel_Cochrane.pdf-behalf. There is nothing in the papers to suggest he has shown any insight or remorse. ./Prohibition_order_Mr_Daniel_Cochrane.pdf- ./Prohibition_order_Mr_Daniel_Cochrane.pdf-I agree with the panel’s recommendation that prohibition is an appropriate and ./Prohibition_order_Mr_Daniel_Cochrane.pdf-proportionate sanction. ./Prohibition_order_Mr_Daniel_Cochrane.pdf- ./Prohibition_order_Mr_Daniel_Cochrane.pdf:The proven facts include sexual misconduct and actions that were sexually motivated. I ./Prohibition_order_Mr_Daniel_Cochrane.pdf-agree that the order should be without the opportunity to apply to have it set aside in the ./Prohibition_order_Mr_Daniel_Cochrane.pdf-future. ./Prohibition_order_Mr_Daniel_Cochrane.pdf- ./Prohibition_order_Mr_Daniel_Cochrane.pdf-This means that Mr Daniel Cochrane is prohibited from teaching indefinitely and ./Prohibition_order_Mr_Daniel_Cochrane.pdf-cannot teach in any school, sixth form college, relevant youth accommodation or ./Prohibition_order_Mr_Daniel_Cochrane.pdf-children’s home in England. Furthermore, in view of the seriousness of the allegations ./Prohibition_order_Mr_Daniel_Cochrane.pdf-found proved against him, I have decided that Mr Daniel Cochrane shall not be entitled to ./Prohibition_order_Mr_Daniel_Cochrane.pdf-apply for restoration of his eligibility to teach. ./Prohibition_order_Mr_Daniel_Cochrane.pdf- ./Prohibition_order_Mr_Daniel_Cochrane.pdf-This order takes effect from the date on which it is served on the teacher. ./prohibition_order_mr_darrell_holt.pdf- ./prohibition_order_mr_darrell_holt.pdf-The Panel considered the allegations set out in the Notice of Proceedings dated 28 ./prohibition_order_mr_darrell_holt.pdf-May 2012. ./prohibition_order_mr_darrell_holt.pdf- ./prohibition_order_mr_darrell_holt.pdf-It was alleged that Mr Holt was guilty of unacceptable professional conduct, in that: ./prohibition_order_mr_darrell_holt.pdf- ./prohibition_order_mr_darrell_holt.pdf-1. ./prohibition_order_mr_darrell_holt.pdf- (a) Whilst enrolled as a student teacher at the University of Brighton during the ./prohibition_order_mr_darrell_holt.pdf- 2010/2011 academic year, he failed to declare all of his criminal offences on ./prohibition_order_mr_darrell_holt.pdf- his suitability declaration form for entry to initial teacher training courses; ./prohibition_order_mr_darrell_holt.pdf: (b) On 12 May 2005 he received a caution from Sussex Police for an offence of ./prohibition_order_mr_darrell_holt.pdf- Shoplifting. ./prohibition_order_mr_darrell_holt.pdf- ./prohibition_order_mr_darrell_holt.pdf-It was also alleged that Mr Holt had been convicted of relevant offences, in that: ./prohibition_order_mr_darrell_holt.pdf- -- ./prohibition_order_mr_darrell_holt.pdf- at Brighton and Hove Magistrates Court. As a result of this conviction he was ./prohibition_order_mr_darrell_holt.pdf- conditionally discharged for 6 months and was ordered to pay compensation ./prohibition_order_mr_darrell_holt.pdf- of £125; ./prohibition_order_mr_darrell_holt.pdf- (i) On 20 February 2001, he was convicted of the offence of Being Drunk in a ./prohibition_order_mr_darrell_holt.pdf- Public Place at Horsham Magistrates Court. As a result of this conviction he ./prohibition_order_mr_darrell_holt.pdf- was ordered to pay a fine of £50 and costs of £55; ./prohibition_order_mr_darrell_holt.pdf- (j) On 18 April 2004, he was convicted of the offence of Shoplifting at Brighton ./prohibition_order_mr_darrell_holt.pdf- and Hove Magistrates Court. As a result of this conviction he was ordered to ./prohibition_order_mr_darrell_holt.pdf- pay a fine of £30; ./prohibition_order_mr_darrell_holt.pdf- (k) On 18 November 2005, he was convicted of the offence of Assault on a ./prohibition_order_mr_darrell_holt.pdf: Constable at Sussex (Central) Magistrates Court. As a result of this ./prohibition_order_mr_darrell_holt.pdf- conviction he received a Community Order with a programme requirement ./prohibition_order_mr_darrell_holt.pdf- and supervision requirement of 12 months. He was ordered to pay costs of ./prohibition_order_mr_darrell_holt.pdf- £70 and compensation of £100. ./prohibition_order_mr_darrell_holt.pdf- -- ./prohibition_order_mr_darrell_holt.pdf- ./prohibition_order_mr_darrell_holt.pdf-Our findings of fact are as follows: ./prohibition_order_mr_darrell_holt.pdf- ./prohibition_order_mr_darrell_holt.pdf-We have found the following particulars of the allegations against Mr Holt proven, for ./prohibition_order_mr_darrell_holt.pdf-these reasons: ./prohibition_order_mr_darrell_holt.pdf- ./prohibition_order_mr_darrell_holt.pdf-1. ./prohibition_order_mr_darrell_holt.pdf- (a) Whilst enrolled as a student teacher at the University of Brighton during the ./prohibition_order_mr_darrell_holt.pdf- 2010/2011 academic year, he failed to declare all of his criminal offences ./prohibition_order_mr_darrell_holt.pdf- on his suitability declaration form for entry to initial teacher training courses; ./prohibition_order_mr_darrell_holt.pdf: (b) On 12 May 2005 he received a caution from Sussex Police for an offence of ./prohibition_order_mr_darrell_holt.pdf- Shoplifting. ./prohibition_order_mr_darrell_holt.pdf- ./prohibition_order_mr_darrell_holt.pdf-Mr Holt has admitted the facts of the allegations in his letter to the Presenting Officer ./prohibition_order_mr_darrell_holt.pdf-dated 16 October 2011 and the Statement of Agreed Facts signed by him on 16 ./prohibition_order_mr_darrell_holt.pdf-October 2011, at pages 15 & 16 and 8 – 11 respectively. We have also accepted the ./prohibition_order_mr_darrell_holt.pdf-evidence in the letter dated 19 January 2011 from the University of Brighton to the ./prohibition_order_mr_darrell_holt.pdf-GTCE, at pages 18 & 19, University of Brighton Suitability Declaration Form signed ./prohibition_order_mr_darrell_holt.pdf:by Mr Holt on 25 May 2010, at pages 20 & 21, and the Sussex Police Certificate of ./prohibition_order_mr_darrell_holt.pdf-Caution, at pages 26 & 27. ./prohibition_order_mr_darrell_holt.pdf- ./prohibition_order_mr_darrell_holt.pdf-2. ./prohibition_order_mr_darrell_holt.pdf- (a) On 12 March 1990, he was convicted of the offence of Criminal Damage at ./prohibition_order_mr_darrell_holt.pdf- Brighton Magistrates Court. As a result of this conviction he was ordered to ./prohibition_order_mr_darrell_holt.pdf- pay a fine of £50 and compensation of £130; ./prohibition_order_mr_darrell_holt.pdf- (b) On 12 March 1990, he was convicted of the offence of Failing to Surrender ./prohibition_order_mr_darrell_holt.pdf- to Bail at Brighton Magistrates Court. As a result of this conviction he was ./prohibition_order_mr_darrell_holt.pdf- ordered to pay a fine of £25 and costs of £30; ./prohibition_order_mr_darrell_holt.pdf- (c) On 12 March 1990, he was convicted of the offence of Allowing Self to be -- ./prohibition_order_mr_darrell_holt.pdf- Damage at Brighton and Hove Magistrates Court. As a result of this ./prohibition_order_mr_darrell_holt.pdf- conviction he was conditionally discharged for 6 months and was ordered to ./prohibition_order_mr_darrell_holt.pdf- pay compensation of £125; ./prohibition_order_mr_darrell_holt.pdf- (i) On 20 February 2001, he was convicted of the offence of Being Drunk in a ./prohibition_order_mr_darrell_holt.pdf- Public Place at Horsham Magistrates Court. As a result of this conviction he ./prohibition_order_mr_darrell_holt.pdf- was ordered to pay a fine of £50 and costs of £55; ./prohibition_order_mr_darrell_holt.pdf- (j) On 18 April 2004, he was convicted of the offence of Shoplifting at Brighton ./prohibition_order_mr_darrell_holt.pdf- and Hove Magistrates Court. As a result of this conviction he was ordered ./prohibition_order_mr_darrell_holt.pdf- to pay a fine of £30; ./prohibition_order_mr_darrell_holt.pdf- (k) On 18 November 2005, he was convicted of the offence of Assault on a ./prohibition_order_mr_darrell_holt.pdf: Constable at Sussex (Central) Magistrates Court. As a result of this ./prohibition_order_mr_darrell_holt.pdf- conviction he received a Community Order with a programme requirement ./prohibition_order_mr_darrell_holt.pdf- and supervision requirement of 12 months. He was ordered to pay costs of ./prohibition_order_mr_darrell_holt.pdf- £70 and compensation of £100. ./prohibition_order_mr_darrell_holt.pdf- ./prohibition_order_mr_darrell_holt.pdf-Mr Holt has admitted the facts of the allegations in his letter to the Presenting Officer ./prohibition_order_mr_darrell_holt.pdf-and the Statement of Agreed Facts. We have also accepted the evidence in the ./prohibition_order_mr_darrell_holt.pdf-Enhanced CRB Disclosure form dated 15 December 2010, at pages 22 – 25. ./prohibition_order_mr_darrell_holt.pdf- ./prohibition_order_mr_darrell_holt.pdf-Findings as to Unacceptable Professional Conduct & Conviction of a Relevant ./prohibition_order_mr_darrell_holt.pdf-Offence ./prohibition_order_mr_david_cox_002.pdf-originally a means of grading images on a one to ten scale, with ten being the most ./prohibition_order_mr_david_cox_002.pdf-serious. The Presenting Officer explained that the court modified the COPINE typology ./prohibition_order_mr_david_cox_002.pdf-and adopted a 1 – 5 grading system in the case of R v Oliver, R v Hartrey, R v Baldwin in ./prohibition_order_mr_david_cox_002.pdf-2002. The Presenting Officer explained that the police continue to commonly refer to the ./prohibition_order_mr_david_cox_002.pdf-grading as the COPINE scale, even though the Panel has received legal advice that the ./prohibition_order_mr_david_cox_002.pdf-current 1 - 5 grading system is contained in the Sentencing Advisory Panel Guidelines. ./prohibition_order_mr_david_cox_002.pdf-These have been effective for offences sentenced on or after 14 May 2007 (“the SAP ./prohibition_order_mr_david_cox_002.pdf-Guidelines”). ./prohibition_order_mr_david_cox_002.pdf- ./prohibition_order_mr_david_cox_002.pdf-When the Presenting Officer made enquiries with the police she asked whether they ./prohibition_order_mr_david_cox_002.pdf:were referring to level 2 of the COPINE scale, ie “Non-penetrative sexual activity between ./prohibition_order_mr_david_cox_002.pdf-children, or solo masturbation by a child”. The Panel has received legal advice that the ./prohibition_order_mr_david_cox_002.pdf-quoted words are those which describe a Level 2 image under the SAP Guidelines. The ./prohibition_order_mr_david_cox_002.pdf-solicitor for the police replied “level 2 is a reference to the COPINE scale”. The Panel ./prohibition_order_mr_david_cox_002.pdf-considers it more probable than not, that the Police solicitor was actually referring to ./prohibition_order_mr_david_cox_002.pdf- ./prohibition_order_mr_david_cox_002.pdf- ./prohibition_order_mr_david_cox_002.pdf- 6 ./prohibition_order_mr_david_cox_002.pdf- -- ./prohibition_order_mr_david_cox_002.pdf-found upon examination of the laptop computer which had been seized from Mr Cox’s ./prohibition_order_mr_david_cox_002.pdf-house. These images were assessed as being on the threshold of being classed as Level ./prohibition_order_mr_david_cox_002.pdf-1 images. There were 20 such images though some of them included duplicates. The ./prohibition_order_mr_david_cox_002.pdf-images were of young males whose appearance indicated that they were between 12 ./prohibition_order_mr_david_cox_002.pdf-and 16 years of age. The males were either fully or partially naked and in those images ./prohibition_order_mr_david_cox_002.pdf-where their genitalia could be seen, there was an absence of pubic hair”. The Panel ./prohibition_order_mr_david_cox_002.pdf-considered it more probable than not, that the letter contained an accurate statement of ./prohibition_order_mr_david_cox_002.pdf-the material found on Mr Cox’s personal laptop. ./prohibition_order_mr_david_cox_002.pdf- ./prohibition_order_mr_david_cox_002.pdf-The Panel has received legal advice that Level 1 images, according to the SAP ./prohibition_order_mr_david_cox_002.pdf:Guidelines, are those depicting erotic posing with no sexual activity. The Panel ./prohibition_order_mr_david_cox_002.pdf-considered the images that were on the threshold of being classed as Level 1 images ./prohibition_order_mr_david_cox_002.pdf-inappropriate, especially as the age of the young males depicted is estimated to be ./prohibition_order_mr_david_cox_002.pdf-between 12 and 16 years old. Possession of such images is inappropriate for a teacher. ./prohibition_order_mr_david_cox_002.pdf- ./prohibition_order_mr_david_cox_002.pdf-c. failed and/or refused to follow instructions to return the school ./prohibition_order_mr_david_cox_002.pdf-laptops to the school including: ./prohibition_order_mr_david_cox_002.pdf-i. following a request made by the Headteacher on 27 March 2009; ./prohibition_order_mr_david_cox_002.pdf- ./prohibition_order_mr_david_cox_002.pdf-ii following a meeting with the Headteacher on 2 April 2009; ./prohibition_order_mr_david_cox_002.pdf- -- ./prohibition_order_mr_david_cox_002.pdf-c. allowed and/or caused the inappropriate material on his school ./prohibition_order_mr_david_cox_002.pdf-laptop to be deleted before returning it to the school. ./prohibition_order_mr_david_cox_002.pdf-The Panel has heard evidence from Witness A that he was asked by the Headteacher to ./prohibition_order_mr_david_cox_002.pdf-check the laptops when Mr Cox returned them. He told the Panel that on one of the ./prohibition_order_mr_david_cox_002.pdf:laptops he found deleted files with names suggesting pornography. The letter from ./prohibition_order_mr_david_cox_002.pdf-Individual A, the police solicitor stated that a level 2 image was found within a deleted ./prohibition_order_mr_david_cox_002.pdf-section of one of the school laptops. Mr Cox told the Panel that he routinely deleted files ./prohibition_order_mr_david_cox_002.pdf-to improve the speed of his laptop and that he deleted all of his personal files before ./prohibition_order_mr_david_cox_002.pdf-returning the school laptops. The Panel therefore finds it more likely than not that Mr Cox ./prohibition_order_mr_david_cox_002.pdf-deleted the Level 2 image that was later recovered by the police. The Panel does not ./prohibition_order_mr_david_cox_002.pdf-consider it credible that anyone else could have been responsible for the deletion. ./prohibition_order_mr_david_cox_002.pdf- ./prohibition_order_mr_david_cox_002.pdf- ./prohibition_order_mr_david_cox_002.pdf-Findings as to Unacceptable Professional Conduct and/or ./prohibition_order_mr_david_cox_002.pdf-Conduct that may bring the profession into disrepute -- ./prohibition_order_mr_david_cox_002.pdf- ./prohibition_order_mr_david_cox_002.pdf-The Panel went on to consider whether or not it would be appropriate for them to decide ./prohibition_order_mr_david_cox_002.pdf-to recommend that a review period of the Order should be considered. The Panel were ./prohibition_order_mr_david_cox_002.pdf-mindful that the Teacher Misconduct – Prohibition of Teachers Advice advises that a ./prohibition_order_mr_david_cox_002.pdf-Prohibition Order applies for life, but there may be circumstances in any given case that ./prohibition_order_mr_david_cox_002.pdf-may make it appropriate to allow a teacher to apply to have the Prohibition Order ./prohibition_order_mr_david_cox_002.pdf-reviewed after a specified period of time that may not be less than two years. ./prohibition_order_mr_david_cox_002.pdf- ./prohibition_order_mr_david_cox_002.pdf-The Teacher Misconduct – Prohibition of Teachers Advice indicates that there are ./prohibition_order_mr_david_cox_002.pdf-behaviours that, if proven, would militate against a review period being recommended. ./prohibition_order_mr_david_cox_002.pdf:One of these behaviours includes serious sexual misconduct. The Panel considers the ./prohibition_order_mr_david_cox_002.pdf:possession of images of children including a Level 2 image is serious sexual misconduct. ./prohibition_order_mr_david_cox_002.pdf- ./prohibition_order_mr_david_cox_002.pdf-The Panel felt the findings indicated a situation in which a review period would not be ./prohibition_order_mr_david_cox_002.pdf-appropriate and as such decided that it would be proportionate in all the circumstances ./prohibition_order_mr_david_cox_002.pdf-for the Prohibition Order to be recommended without provision for a review period. ./prohibition_order_mr_david_cox_002.pdf- ./prohibition_order_mr_david_cox_002.pdf- ./prohibition_order_mr_david_cox_002.pdf-Decision and reasons on behalf of the Secretary of ./prohibition_order_mr_david_cox_002.pdf-State ./prohibition_order_mr_david_cox_002.pdf-I have given very careful consideration to the findings and recommendations of the ./prohibition_order_mr_david_cox_002.pdf-Panel in this case. ./Prohibition_order_Mr_David_Gilroy_Simpson.pdf-B. Allegations ./Prohibition_order_Mr_David_Gilroy_Simpson.pdf-The Panel considered the allegations set out in the Notice of Proceedings dated 14 ./Prohibition_order_Mr_David_Gilroy_Simpson.pdf-August 2014. ./Prohibition_order_Mr_David_Gilroy_Simpson.pdf- ./Prohibition_order_Mr_David_Gilroy_Simpson.pdf-It was alleged that Mr David Simpson was guilty of having been convicted of a relevant ./Prohibition_order_Mr_David_Gilroy_Simpson.pdf-offence, in that: ./Prohibition_order_Mr_David_Gilroy_Simpson.pdf- ./Prohibition_order_Mr_David_Gilroy_Simpson.pdf- 1. On 16 December 2013, he was convicted at Burnley Crown Court of attempting to ./Prohibition_order_Mr_David_Gilroy_Simpson.pdf: meet a female child under the age of 16 years following a period of sexual ./Prohibition_order_Mr_David_Gilroy_Simpson.pdf: grooming, contrary to Sexual Offences Act 2003 section 15. Upon conviction he ./Prohibition_order_Mr_David_Gilroy_Simpson.pdf- became the subject of notification requirements under section 80 of the Sexual ./Prohibition_order_Mr_David_Gilroy_Simpson.pdf- Offences Act for a period of ten years. On 31 January 2014, he was sentenced to ./Prohibition_order_Mr_David_Gilroy_Simpson.pdf- a suspended sentence order comprising a term of 12 months’ imprisonment, ./Prohibition_order_Mr_David_Gilroy_Simpson.pdf- suspended for a period of 24 months, an unpaid work requirement of 150 hours ./Prohibition_order_Mr_David_Gilroy_Simpson.pdf- and made the subject of a Sexual Offences Prevention Order for a 5 year term. ./Prohibition_order_Mr_David_Gilroy_Simpson.pdf- ./Prohibition_order_Mr_David_Gilroy_Simpson.pdf- Mr Simpson does not admit the allegation. ./Prohibition_order_Mr_David_Gilroy_Simpson.pdf- ./Prohibition_order_Mr_David_Gilroy_Simpson.pdf- Mr Simpson does not admit the facts amount to conviction of a relevant offence ./Prohibition_order_Mr_David_Gilroy_Simpson.pdf- although he accepts he was convicted. -- ./Prohibition_order_Mr_David_Gilroy_Simpson.pdf-Findings of Fact ./Prohibition_order_Mr_David_Gilroy_Simpson.pdf-Our findings of fact are as follows: ./Prohibition_order_Mr_David_Gilroy_Simpson.pdf- ./Prohibition_order_Mr_David_Gilroy_Simpson.pdf-We have found the following particulars of the allegation against you proven, for these ./Prohibition_order_Mr_David_Gilroy_Simpson.pdf-reasons: ./Prohibition_order_Mr_David_Gilroy_Simpson.pdf- ./Prohibition_order_Mr_David_Gilroy_Simpson.pdf- ./Prohibition_order_Mr_David_Gilroy_Simpson.pdf-1. That you are guilty of a conviction, at any time, of a relevant criminal offence in ./Prohibition_order_Mr_David_Gilroy_Simpson.pdf-that on 16 December 2013, you were convicted at Burnley Crown Court of ./Prohibition_order_Mr_David_Gilroy_Simpson.pdf-attempting to meet a female child under the age of 16 years following a period of ./Prohibition_order_Mr_David_Gilroy_Simpson.pdf:sexual grooming, contrary to Sexual Offences Act 2003 section 15. Upon ./Prohibition_order_Mr_David_Gilroy_Simpson.pdf-conviction you became the subject of notification requirements under section 80 of ./Prohibition_order_Mr_David_Gilroy_Simpson.pdf-the Sexual Offences Act 2003 for a period of 10 years. On 31 January 2014, you ./Prohibition_order_Mr_David_Gilroy_Simpson.pdf-were sentenced to a suspended sentence order comprising a term of 12 months’ ./Prohibition_order_Mr_David_Gilroy_Simpson.pdf-imprisonment, suspended for a period of 24 months, an unpaid work requirement ./Prohibition_order_Mr_David_Gilroy_Simpson.pdf-of 150 hours and made the subject of a Sexual Offences Prevention Order for a 5 ./Prohibition_order_Mr_David_Gilroy_Simpson.pdf-year term. ./Prohibition_order_Mr_David_Gilroy_Simpson.pdf- ./Prohibition_order_Mr_David_Gilroy_Simpson.pdf-The Panel has had sight of the Certificate of Conviction at Page 12 of the Hearing ./Prohibition_order_Mr_David_Gilroy_Simpson.pdf-Bundle. ./Prohibition_order_Mr_David_Gilroy_Simpson.pdf- -- ./Prohibition_order_Mr_David_Gilroy_Simpson.pdf-  Teachers uphold public trust in the profession and maintain high standards of ./Prohibition_order_Mr_David_Gilroy_Simpson.pdf- ethics and behaviour, within and outside school. ./Prohibition_order_Mr_David_Gilroy_Simpson.pdf-  Teachers must have an understanding of, and always act within, the statutory ./Prohibition_order_Mr_David_Gilroy_Simpson.pdf- frameworks which set out their professional duties and responsibilities. ./Prohibition_order_Mr_David_Gilroy_Simpson.pdf-The Panel noted that Mr Simpson’s actions were relevant to teaching, working with ./Prohibition_order_Mr_David_Gilroy_Simpson.pdf-children and working in an education setting. The Panel considered that whilst the ./Prohibition_order_Mr_David_Gilroy_Simpson.pdf-female involved in the criminal activity was not a pupil of Mr Simpson and nor was she ./Prohibition_order_Mr_David_Gilroy_Simpson.pdf:actually a female of school age, his expression of sexual interest in a school girl is highly ./Prohibition_order_Mr_David_Gilroy_Simpson.pdf-relevant to working with children. The Panel has taken into account his behaviour in ./Prohibition_order_Mr_David_Gilroy_Simpson.pdf-sending highly explicit messages (including a photograph of his penis) and the Judge’s ./Prohibition_order_Mr_David_Gilroy_Simpson.pdf-comments in the criminal case that he “intended to meet a child who was under 15 and ./Prohibition_order_Mr_David_Gilroy_Simpson.pdf-intended to have intercourse with her” (Page 14 of the Hearing Bundle, sentencing ./Prohibition_order_Mr_David_Gilroy_Simpson.pdf-remarks). The Panel considers this behaviour to be highly relevant to teaching and ./Prohibition_order_Mr_David_Gilroy_Simpson.pdf-working in an education setting. The Panel finds therefore that the behaviour involved in ./Prohibition_order_Mr_David_Gilroy_Simpson.pdf-committing the offence could have had an impact on the safety and security of pupils. ./Prohibition_order_Mr_David_Gilroy_Simpson.pdf- ./Prohibition_order_Mr_David_Gilroy_Simpson.pdf-The Panel has also taken account of how the teaching profession is viewed by others. ./Prohibition_order_Mr_David_Gilroy_Simpson.pdf-The Panel considered that Mr Simpson’s behaviour in committing the offence could affect ./Prohibition_order_Mr_David_Gilroy_Simpson.pdf-the public confidence in the teaching profession given the influence that teachers may ./Prohibition_order_Mr_David_Gilroy_Simpson.pdf-have on pupils, parents and others in the community. ./Prohibition_order_Mr_David_Gilroy_Simpson.pdf- ./Prohibition_order_Mr_David_Gilroy_Simpson.pdf-The Panel has noted that Mr Simpson’s behaviour has ultimately led to him receiving a ./Prohibition_order_Mr_David_Gilroy_Simpson.pdf-sentence of imprisonment, albeit that it is suspended, which is indicative of the ./Prohibition_order_Mr_David_Gilroy_Simpson.pdf-seriousness of the offence committed. ./Prohibition_order_Mr_David_Gilroy_Simpson.pdf- ./Prohibition_order_Mr_David_Gilroy_Simpson.pdf:The Panel considers that this is a case concerning an offence involving sexual activity ./Prohibition_order_Mr_David_Gilroy_Simpson.pdf-which the Guidance states is likely to be considered a relevant offence. The Panel notes ./Prohibition_order_Mr_David_Gilroy_Simpson.pdf:that whilst sexual activity did not actually take place, the clear intention of Mr Simpson in ./Prohibition_order_Mr_David_Gilroy_Simpson.pdf:the Panel’s view given the conviction, was to engage in sexual activity. ./Prohibition_order_Mr_David_Gilroy_Simpson.pdf- ./Prohibition_order_Mr_David_Gilroy_Simpson.pdf-The Panel have taken into account the explanations put forward by Mr Simpson in his ./Prohibition_order_Mr_David_Gilroy_Simpson.pdf-letter of 3 September 2014 as to the circumstances leading to the committing of the ./Prohibition_order_Mr_David_Gilroy_Simpson.pdf-offence. The Panel noted that the jury did not find Mr Simpson’s explanation credible and ./Prohibition_order_Mr_David_Gilroy_Simpson.pdf-the Panel did not hear evidence from Mr Simpson so did not have the opportunity to test ./Prohibition_order_Mr_David_Gilroy_Simpson.pdf-his credibility. This is clearly relevant at this stage to Mr Simpson’s ongoing suitability to ./Prohibition_order_Mr_David_Gilroy_Simpson.pdf-teach. ./Prohibition_order_Mr_David_Gilroy_Simpson.pdf- ./Prohibition_order_Mr_David_Gilroy_Simpson.pdf-The Panel considers that a finding that the conviction is a relevant offence is necessary ./Prohibition_order_Mr_David_Gilroy_Simpson.pdf-to reaffirm clear standards of conduct so as to maintain public confidence in the teaching -- ./Prohibition_order_Mr_David_Gilroy_Simpson.pdf-Teacher Misconduct – Prohibition of Teachers Advice and having done so has found a ./Prohibition_order_Mr_David_Gilroy_Simpson.pdf-number of them to be relevant in this case, namely the protection of pupils, the protection ./Prohibition_order_Mr_David_Gilroy_Simpson.pdf-of other members of the public, the maintenance of public confidence in the profession ./Prohibition_order_Mr_David_Gilroy_Simpson.pdf-and declaring and upholding proper standards of conduct. ./Prohibition_order_Mr_David_Gilroy_Simpson.pdf- ./Prohibition_order_Mr_David_Gilroy_Simpson.pdf-In light of the Panel’s findings against Mr Simpson, which involved a finding that he has ./Prohibition_order_Mr_David_Gilroy_Simpson.pdf-been convicted of a relevant offence related to an attempt to meet a female child under ./Prohibition_order_Mr_David_Gilroy_Simpson.pdf-16 following grooming, there is a strong public interest consideration in the protection of ./Prohibition_order_Mr_David_Gilroy_Simpson.pdf-pupils. The Panel has taken into account that whilst the female involved in the criminal ./Prohibition_order_Mr_David_Gilroy_Simpson.pdf-activity was not a pupil of Mr Simpson and nor was she actually a female of school age, ./Prohibition_order_Mr_David_Gilroy_Simpson.pdf:his expression of sexual interest in a school girl is highly relevant as are the Judge’s ./Prohibition_order_Mr_David_Gilroy_Simpson.pdf-comments in the criminal case that Mr Simpson “intended to meet a child who was under ./Prohibition_order_Mr_David_Gilroy_Simpson.pdf-15 and intended to have intercourse with her” (Page 14 of the Hearing Bundle, ./Prohibition_order_Mr_David_Gilroy_Simpson.pdf-sentencing remarks). ./Prohibition_order_Mr_David_Gilroy_Simpson.pdf- ./Prohibition_order_Mr_David_Gilroy_Simpson.pdf-Similarly, the Panel considers that public confidence in the profession could be seriously ./Prohibition_order_Mr_David_Gilroy_Simpson.pdf-weakened if conduct such as that found against Mr Simpson was not treated with the ./Prohibition_order_Mr_David_Gilroy_Simpson.pdf-utmost seriousness when regulating the conduct of the profession. ./Prohibition_order_Mr_David_Gilroy_Simpson.pdf- ./Prohibition_order_Mr_David_Gilroy_Simpson.pdf-Notwithstanding the clear public interest considerations that were present, the Panel ./Prohibition_order_Mr_David_Gilroy_Simpson.pdf-considered carefully whether or not it would be proportionate to impose a Prohibition -- ./Prohibition_order_Mr_David_Gilroy_Simpson.pdf-  serious departure from the personal and professional conduct elements of the ./Prohibition_order_Mr_David_Gilroy_Simpson.pdf- teachers’ standards ./Prohibition_order_Mr_David_Gilroy_Simpson.pdf-  misconduct seriously affecting the education and/or well being of pupils, and ./Prohibition_order_Mr_David_Gilroy_Simpson.pdf- particularly where there is a continuing risk ./Prohibition_order_Mr_David_Gilroy_Simpson.pdf-  a deep-seated attitude that leads to harmful behaviour ./Prohibition_order_Mr_David_Gilroy_Simpson.pdf:  sexual misconduct, e.g. involving actions that were sexually motivated or of a ./Prohibition_order_Mr_David_Gilroy_Simpson.pdf: sexual nature and/or that use or exploit the trust, knowledge or influence derived ./Prohibition_order_Mr_David_Gilroy_Simpson.pdf- from the individual’s professional position; ./Prohibition_order_Mr_David_Gilroy_Simpson.pdf-  the commission of a serious criminal offence, including those that resulted in a ./Prohibition_order_Mr_David_Gilroy_Simpson.pdf- conviction or caution, paying particular attention to offences that are ‘relevant ./Prohibition_order_Mr_David_Gilroy_Simpson.pdf- matters’ for the purposes of The Police Act 1997 and criminal record disclosures. ./Prohibition_order_Mr_David_Gilroy_Simpson.pdf-Even though there were behaviours that would point to a Prohibition Order being ./Prohibition_order_Mr_David_Gilroy_Simpson.pdf-appropriate, the Panel went on to consider whether or not there were sufficient mitigating ./Prohibition_order_Mr_David_Gilroy_Simpson.pdf-factors to militate against a Prohibition Order being an appropriate and proportionate ./Prohibition_order_Mr_David_Gilroy_Simpson.pdf-measure to impose, particularly taking into account the nature and severity of the ./Prohibition_order_Mr_David_Gilroy_Simpson.pdf-behaviour in this case. The Panel finds that Mr Simpson’s actions were deliberate and ./Prohibition_order_Mr_David_Gilroy_Simpson.pdf-there was no evidence to suggest that he was acting under duress, and in fact the Panel -- ./Prohibition_order_Mr_David_Gilroy_Simpson.pdf- ./Prohibition_order_Mr_David_Gilroy_Simpson.pdf-The Panel went on to consider whether or not it would appropriate for them to decide to ./Prohibition_order_Mr_David_Gilroy_Simpson.pdf-recommend that a review period of the order should be considered. The Panel were ./Prohibition_order_Mr_David_Gilroy_Simpson.pdf-mindful that the Teacher Misconduct – Prohibition of Teachers Advice advises that a ./Prohibition_order_Mr_David_Gilroy_Simpson.pdf-Prohibition Order applies for life, but there may be circumstances in any given case that ./Prohibition_order_Mr_David_Gilroy_Simpson.pdf-may make it appropriate to allow a teacher to apply to have the prohibition order ./Prohibition_order_Mr_David_Gilroy_Simpson.pdf-reviewed after a specified period of time that may not be less than two years. ./Prohibition_order_Mr_David_Gilroy_Simpson.pdf- ./Prohibition_order_Mr_David_Gilroy_Simpson.pdf-The Teacher Misconduct – Prohibition of Teachers Advice indicates that there are ./Prohibition_order_Mr_David_Gilroy_Simpson.pdf-behaviours that, if proven, would militate against a review period being recommended. ./Prohibition_order_Mr_David_Gilroy_Simpson.pdf:One of these behaviours include serious sexual misconduct, for example, where the act ./Prohibition_order_Mr_David_Gilroy_Simpson.pdf:was sexually motivated and resulted in or had the potential to result in, harm to a person ./Prohibition_order_Mr_David_Gilroy_Simpson.pdf-or persons, particularly where the individual has used their professional position to ./Prohibition_order_Mr_David_Gilroy_Simpson.pdf-influence or exploit a person or the persons. The Panel has found that whilst Mr Simpson ./Prohibition_order_Mr_David_Gilroy_Simpson.pdf-does not appear to have used his professional position to influence or exploit a person or ./Prohibition_order_Mr_David_Gilroy_Simpson.pdf:persons, his behaviour does amount to serious sexual misconduct. ./Prohibition_order_Mr_David_Gilroy_Simpson.pdf- ./Prohibition_order_Mr_David_Gilroy_Simpson.pdf- ./Prohibition_order_Mr_David_Gilroy_Simpson.pdf- ./Prohibition_order_Mr_David_Gilroy_Simpson.pdf- ./Prohibition_order_Mr_David_Gilroy_Simpson.pdf- 9 ./Prohibition_order_Mr_David_Gilroy_Simpson.pdf- -- ./Prohibition_order_Mr_David_Gilroy_Simpson.pdf- ./Prohibition_order_Mr_David_Gilroy_Simpson.pdf-The Panel felt the finding indicated a situation in which a review period would not be ./Prohibition_order_Mr_David_Gilroy_Simpson.pdf-appropriate and as such decided that it would be proportionate in all the circumstances ./Prohibition_order_Mr_David_Gilroy_Simpson.pdf-for the Prohibition Order to be recommended without provisions for a review period. ./Prohibition_order_Mr_David_Gilroy_Simpson.pdf- ./Prohibition_order_Mr_David_Gilroy_Simpson.pdf- ./Prohibition_order_Mr_David_Gilroy_Simpson.pdf-Decision and reasons on behalf of the Secretary of ./Prohibition_order_Mr_David_Gilroy_Simpson.pdf-State ./Prohibition_order_Mr_David_Gilroy_Simpson.pdf-I have carefully considered the findings and recommendations of the panel in this case. ./Prohibition_order_Mr_David_Gilroy_Simpson.pdf-Mr Simpson has been found guilty of attempting to meet a female child under the age of ./Prohibition_order_Mr_David_Gilroy_Simpson.pdf:16 years following a period of sexual grooming, contrary to Sexual Offences Act 2003 ./Prohibition_order_Mr_David_Gilroy_Simpson.pdf-section 15. The panel have found this to be a conviction of a relevant offence. ./Prohibition_order_Mr_David_Gilroy_Simpson.pdf- ./Prohibition_order_Mr_David_Gilroy_Simpson.pdf-In considering whether a prohibition would be an appropriate and proportionate sanction, ./Prohibition_order_Mr_David_Gilroy_Simpson.pdf-they have balanced the public interest with that of the teacher. They have detailed a ./Prohibition_order_Mr_David_Gilroy_Simpson.pdf-number of public interest considerations relevant to this case but have nevertheless ./Prohibition_order_Mr_David_Gilroy_Simpson.pdf-considered the interests of Mr Simpson and in particular whether there are any mitigating ./Prohibition_order_Mr_David_Gilroy_Simpson.pdf-factors that might militate against a prohibition order being imposed. They have found Mr ./Prohibition_order_Mr_David_Gilroy_Simpson.pdf-Simpson’s actions to be deliberate and have judged that he wasn’t under duress, indeed ./Prohibition_order_Mr_David_Gilroy_Simpson.pdf-they have found his actions to be calculated and motivated. They have seen no direct ./Prohibition_order_Mr_David_Gilroy_Simpson.pdf-evidence relating to his previous record or character. I agree with their recommendation ./Prohibition_order_Mr_David_Gilroy_Simpson.pdf-that a prohibition order is an appropriate sanction in this case. ./Prohibition_order_Mr_David_Gilroy_Simpson.pdf- ./Prohibition_order_Mr_David_Gilroy_Simpson.pdf-The panel have gone on to consider whether a review period would be appropriate in this ./Prohibition_order_Mr_David_Gilroy_Simpson.pdf-case. The panel have referenced the Secretary of State’s advice ‘Teacher misconduct – ./Prohibition_order_Mr_David_Gilroy_Simpson.pdf-The prohibition of teachers’. They have determined that Mr Simpson’s behaviour ./Prohibition_order_Mr_David_Gilroy_Simpson.pdf:amounts to serious sexual misconduct. Throughout the criminal trial, Mr Simpson ./Prohibition_order_Mr_David_Gilroy_Simpson.pdf-continued to vehemently protest his innocence and that has remained his position. The ./Prohibition_order_Mr_David_Gilroy_Simpson.pdf-Panel does not consider that he has shown insight into his actions and behaviour, even ./Prohibition_order_Mr_David_Gilroy_Simpson.pdf-after his conviction. The Panel did not have the opportunity, given Mr Simpson’s non ./Prohibition_order_Mr_David_Gilroy_Simpson.pdf-attendance at the hearing, to hear from him first hand. The Panel also gave consideration ./Prohibition_order_Mr_David_Gilroy_Simpson.pdf-to the Judge’s comments in his summing up at the criminal trial in which he stated that “I ./Prohibition_order_Mr_David_Gilroy_Simpson.pdf-am not at all satisfied yet that you have learnt your lesson”. In all the circumstances I ./Prohibition_order_Mr_David_Gilroy_Simpson.pdf-agree that the prohibition order should be without provision for Mr Simpson to apply to ./Prohibition_order_Mr_David_Gilroy_Simpson.pdf-have it set aside. ./Prohibition_order_Mr_David_Gilroy_Simpson.pdf- ./Prohibition_order_Mr_David_Gilroy_Simpson.pdf- ./prohibition_order_mr_david_heap_001.pdf-Middle School from September 1986 to 9 November 2012 he:- ./prohibition_order_mr_david_heap_001.pdf- ./prohibition_order_mr_david_heap_001.pdf- 1. Between December 2010 and December 2011, touched pupils inappropriately ./prohibition_order_mr_david_heap_001.pdf- during lessons including:- ./prohibition_order_mr_david_heap_001.pdf- a. Pupil B on or around Friday 10 December 2010 ./prohibition_order_mr_david_heap_001.pdf- b. Pupil C on or around 24 November 2011 contrary to receiving management ./prohibition_order_mr_david_heap_001.pdf- advice on 4 January 2011 relating to inappropriately touching children ./prohibition_order_mr_david_heap_001.pdf- c. Pupil A on or around Tuesday 6 December 2011 contrary to receiving ./prohibition_order_mr_david_heap_001.pdf- management advice on 4 January 2011 ./prohibition_order_mr_david_heap_001.pdf- 2. Acted inappropriately in that he:- ./prohibition_order_mr_david_heap_001.pdf: a. Had inappropriate materials in school, namely pornographic DVDs and ./prohibition_order_mr_david_heap_001.pdf- magazines ./prohibition_order_mr_david_heap_001.pdf: b. Watched the pornography DVDs on the school computer on one or more ./prohibition_order_mr_david_heap_001.pdf- occasions ./prohibition_order_mr_david_heap_001.pdf-Although absent from the hearing, Mr Heap indicated in his response to the Notice of ./prohibition_order_mr_david_heap_001.pdf-Proceedings that the facts have not been admitted and it is not admitted that those facts ./prohibition_order_mr_david_heap_001.pdf-amount to unacceptable professional conduct and / or conduct that may bring the ./prohibition_order_mr_david_heap_001.pdf-profession into disrepute. ./prohibition_order_mr_david_heap_001.pdf- ./prohibition_order_mr_david_heap_001.pdf- ./prohibition_order_mr_david_heap_001.pdf-C. Preliminary applications ./prohibition_order_mr_david_heap_001.pdf-Proceeding in the absence of the teacher ./prohibition_order_mr_david_heap_001.pdf- -- ./prohibition_order_mr_david_heap_001.pdf-Authority and a multi-agency strategy meeting was held the following day. At that ./prohibition_order_mr_david_heap_001.pdf-meeting it was agreed that Suffolk police would interview Pupil A, with parental consent. ./prohibition_order_mr_david_heap_001.pdf-Following the strategy meeting Mr Heap was suspended by the Head Teacher, on advice ./prohibition_order_mr_david_heap_001.pdf-from the Local Authority. Pupil A was interviewed on 8 December 2011. Pupil A made ./prohibition_order_mr_david_heap_001.pdf-no complaint against Mr Heap, but confirmed that Mr Heap had made physical contact ./prohibition_order_mr_david_heap_001.pdf-with him on a number of occasions. ./prohibition_order_mr_david_heap_001.pdf- ./prohibition_order_mr_david_heap_001.pdf-Mr Heap vehemently denies that he touched Pupils A or B (or Pupil C as previously ./prohibition_order_mr_david_heap_001.pdf-described) as alleged. ./prohibition_order_mr_david_heap_001.pdf- ./prohibition_order_mr_david_heap_001.pdf:Following Mr Heap’s suspension, pornographic material (two DVDs and magazines) were ./prohibition_order_mr_david_heap_001.pdf-found in his office. An examination of Mr Heap’s computer indicated that the ./prohibition_order_mr_david_heap_001.pdf:pornographic DVDs had been viewed on school equipment, although the data confirmed ./prohibition_order_mr_david_heap_001.pdf-that the material had been viewed during ‘non-contact’ periods and during one contact ./prohibition_order_mr_david_heap_001.pdf-period when his scheduled year 5 class were out on a school trip. Mr Heap accepts that ./prohibition_order_mr_david_heap_001.pdf-the material was his and he kept it on school premises, although he says that it was ./prohibition_order_mr_david_heap_001.pdf-securely stored and pupils would not have had access to it. Mr Heap acknowledges the ./prohibition_order_mr_david_heap_001.pdf-inappropriate nature of this material and the fact that it should not have been in school. ./prohibition_order_mr_david_heap_001.pdf-Mr Heap also acknowledges that it was inappropriate to watch the DVD on the school ./prohibition_order_mr_david_heap_001.pdf-computer in his office. ./prohibition_order_mr_david_heap_001.pdf- ./prohibition_order_mr_david_heap_001.pdf-Findings of Fact ./prohibition_order_mr_david_heap_001.pdf-Our findings of fact are as follows: -- ./prohibition_order_mr_david_heap_001.pdf-We therefore prefer the evidence of Witness A, and consider that the touching described ./prohibition_order_mr_david_heap_001.pdf-was inappropriate. Therefore, on the balance of probabilities, we find the particular of ./prohibition_order_mr_david_heap_001.pdf-allegation proven. ./prohibition_order_mr_david_heap_001.pdf- ./prohibition_order_mr_david_heap_001.pdf-b. Pupil A on or around 24 November 2011 contrary to receiving management ./prohibition_order_mr_david_heap_001.pdf- advice on 4 January 2011 relating to inappropriately touching children ./prohibition_order_mr_david_heap_001.pdf-A Teaching Assistant, who we shall refer to as Witness B, provided both a witness ./prohibition_order_mr_david_heap_001.pdf-statement and gave oral evidence before the Panel in relation to this allegation. Witness ./prohibition_order_mr_david_heap_001.pdf-B’s evidence was that she witnessed Mr Heap stroking Pupil A’s head in an affectionate ./prohibition_order_mr_david_heap_001.pdf-way. When questioned in oral evidence, Witness B was clear about the nature of the ./prohibition_order_mr_david_heap_001.pdf:contact, saying that it was not sexual, but it was a “lingering” and “stroking” touch, which ./prohibition_order_mr_david_heap_001.pdf- ./prohibition_order_mr_david_heap_001.pdf- 10 ./prohibition_order_mr_david_heap_001.pdf- -- ./prohibition_order_mr_david_heap_001.pdf-Pupil A’s evidence. We have also noted that Pupil A did not report Mr Heap as having ./prohibition_order_mr_david_heap_001.pdf-touched his groin. ./prohibition_order_mr_david_heap_001.pdf- ./prohibition_order_mr_david_heap_001.pdf-Mr Heap denies the allegation and has questioned the credibility and reliability of Witness ./prohibition_order_mr_david_heap_001.pdf-C. However, we note that Mr Heap has not provided his own account of the incident. ./prohibition_order_mr_david_heap_001.pdf- ./prohibition_order_mr_david_heap_001.pdf-On the basis of the evidence before us, and on the balance of probabilities, we have ./prohibition_order_mr_david_heap_001.pdf-found this particular of allegation proven. ./prohibition_order_mr_david_heap_001.pdf- ./prohibition_order_mr_david_heap_001.pdf-2. Acted inappropriately in that he:- ./prohibition_order_mr_david_heap_001.pdf:a. Had inappropriate materials in school, namely pornographic DVDs and ./prohibition_order_mr_david_heap_001.pdf- magazines ./prohibition_order_mr_david_heap_001.pdf-The Deputy Head, who was also the Investigating Officer during the school’s ./prohibition_order_mr_david_heap_001.pdf-investigation, provided the Panel with evidence concerning the discovery of the ./prohibition_order_mr_david_heap_001.pdf-inappropriate materials belonging to Mr Heap. In oral evidence, the Deputy Head ./prohibition_order_mr_david_heap_001.pdf-explained in some detail about how the search was conducted, and how and where the ./prohibition_order_mr_david_heap_001.pdf-materials were found. The Deputy Head explained that he and another teacher had ./prohibition_order_mr_david_heap_001.pdf-found seven magazines and two DVDs and he gave precise details about how these ./prohibition_order_mr_david_heap_001.pdf-were placed in Mr Heap’s desk drawers. The Panel probed the Deputy Head in relation ./prohibition_order_mr_david_heap_001.pdf-to the nature of the material and the witness gave clear evidence about the explicit nature ./prohibition_order_mr_david_heap_001.pdf- -- ./prohibition_order_mr_david_heap_001.pdf:of the magazines and DVDs, categorising them as adult pornography. We found the ./prohibition_order_mr_david_heap_001.pdf-Deputy Head to be a credible witness who was clear and consistent in his evidence. ./prohibition_order_mr_david_heap_001.pdf- ./prohibition_order_mr_david_heap_001.pdf-In his witness statement submitted as part of these proceedings, Mr Heap has said “I ./prohibition_order_mr_david_heap_001.pdf-acknowledged at the Hearing, [the school’s disciplinary hearing] that the material; namely ./prohibition_order_mr_david_heap_001.pdf-a DVD and magazines, were my property. I contend that they were securely stored in ./prohibition_order_mr_david_heap_001.pdf-the Head of Science’s office”. Mr Heap goes on in his statement to say “During the ./prohibition_order_mr_david_heap_001.pdf-investigation process and at the disciplinary hearing, I acknowledged the inappropriate ./prohibition_order_mr_david_heap_001.pdf-nature of this material and the fact that it should not have been in school”. In his ./prohibition_order_mr_david_heap_001.pdf-statement submitted to the school’s disciplinary hearing (at pages 112 to 117 of the case ./prohibition_order_mr_david_heap_001.pdf-papers), Mr Heap also says “With regard to the materials found in my office by [the ./prohibition_order_mr_david_heap_001.pdf-Deputy Head and Individual A] I accept full responsibility for this breach of professional ./prohibition_order_mr_david_heap_001.pdf-conduct”. The notes of the school’s disciplinary hearing dated 9 October 2012 also ./prohibition_order_mr_david_heap_001.pdf-record Mr Heap as confirming that the materials had been stored at school for at least 12 ./prohibition_order_mr_david_heap_001.pdf-months (page 58 of the case papers). ./prohibition_order_mr_david_heap_001.pdf- ./prohibition_order_mr_david_heap_001.pdf-On the basis of this evidence, we have found this particular of allegation proven. ./prohibition_order_mr_david_heap_001.pdf- ./prohibition_order_mr_david_heap_001.pdf:b. Watched the pornography DVDs on the school computer on one or more ./prohibition_order_mr_david_heap_001.pdf- occasions ./prohibition_order_mr_david_heap_001.pdf-The Deputy Head again gave clear evidence explaining how the school undertook the ./prohibition_order_mr_david_heap_001.pdf-investigation to establish which DVDs were watched by Mr Heap on school computers ./prohibition_order_mr_david_heap_001.pdf-and on what dates. The screen shots that were taken as part of the investigation were ./prohibition_order_mr_david_heap_001.pdf-difficult for the Panel to interpret. However, in oral evidence, the Deputy Head provided a ./prohibition_order_mr_david_heap_001.pdf-clear and helpful explanation as to how those screen shots demonstrated which DVDs ./prohibition_order_mr_david_heap_001.pdf-had been viewed and on which dates. The Deputy Head also explained how he cross- ./prohibition_order_mr_david_heap_001.pdf-referenced those dates against the school diary to establish whether or not Mr Heap ./prohibition_order_mr_david_heap_001.pdf-watched these DVDs during lessons. The Deputy Head confirmed in oral evidence that ./prohibition_order_mr_david_heap_001.pdf-Mr Heap viewed the material during non-contact periods (i.e. when there was no contact -- ./prohibition_order_mr_david_heap_001.pdf-We noted that Mr Heap made clear in his statement that “no evidence at all was ./prohibition_order_mr_david_heap_001.pdf-presented to me at any stage of the proceedings indicating that any school student ./prohibition_order_mr_david_heap_001.pdf-accessed this material.” In addition, the Panel has not heard any evidence that the ./prohibition_order_mr_david_heap_001.pdf-materials were easily accessible to students, albeit that students did have access to the ./prohibition_order_mr_david_heap_001.pdf-office on occasion. ./prohibition_order_mr_david_heap_001.pdf- ./prohibition_order_mr_david_heap_001.pdf-On the basis of the evidence, we have found this particular of allegation, namely that Mr ./prohibition_order_mr_david_heap_001.pdf:Heap watched the pornographic DVDs on the school computer on one or more ./prohibition_order_mr_david_heap_001.pdf-occasions, proved. ./prohibition_order_mr_david_heap_001.pdf- ./prohibition_order_mr_david_heap_001.pdf-Findings as to Unacceptable Professional Conduct and/or ./prohibition_order_mr_david_heap_001.pdf-Conduct that may bring the profession into disrepute ./prohibition_order_mr_david_heap_001.pdf-In considering the allegations we have found proven, we have had regard to the ./prohibition_order_mr_david_heap_001.pdf-definitions in The Teacher Misconduct – Prohibition of Teachers Advice, which we refer ./prohibition_order_mr_david_heap_001.pdf-to as the ‘Guidance’. ./prohibition_order_mr_david_heap_001.pdf- ./prohibition_order_mr_david_heap_001.pdf-The Guidance states that both unacceptable professional conduct and conduct that may ./prohibition_order_mr_david_heap_001.pdf-bring the profession into disrepute is misconduct of a serious nature, falling significantly -- ./prohibition_order_mr_david_heap_001.pdf-in such a manner, Mr Heap crossed boundaries which should be observed by all ./prohibition_order_mr_david_heap_001.pdf-teachers and abused his position of trust as a teacher. ./prohibition_order_mr_david_heap_001.pdf- ./prohibition_order_mr_david_heap_001.pdf-In respect of two of the incidents, Mr Heap touched pupils inappropriately in direct ./prohibition_order_mr_david_heap_001.pdf-contravention of the management instruction which had been issued to him by the Head ./prohibition_order_mr_david_heap_001.pdf-Teacher, which clearly stated “do not touch pupils inappropriately”. By failing to observe ./prohibition_order_mr_david_heap_001.pdf-this management instruction, as well as the guidance given in safeguarding training, ./prohibition_order_mr_david_heap_001.pdf-which advised teachers never to touch pupils unless in a first aid or health and safety ./prohibition_order_mr_david_heap_001.pdf-situation, Mr Heap failed to observe the ethos, policies and practices of the school. ./prohibition_order_mr_david_heap_001.pdf- ./prohibition_order_mr_david_heap_001.pdf:Mr Heap’s conduct in possessing and viewing pornographic material in school was also ./prohibition_order_mr_david_heap_001.pdf-in contravention of the teaching standard to have proper and professional regard for the ./prohibition_order_mr_david_heap_001.pdf-ethos, policies and practices of the school. We consider that any teacher would be ./prohibition_order_mr_david_heap_001.pdf-aware that this behaviour would be inappropriate for a teacher. However, Mr Heap’s ./prohibition_order_mr_david_heap_001.pdf-conduct was also in clear breach of the school’s ICT policy which stated that “The ./prohibition_order_mr_david_heap_001.pdf-following content should not be created or accessed on ICT equipment at any time: ./prohibition_order_mr_david_heap_001.pdf-Pornography and ‘top shelf’ adult content”. ./prohibition_order_mr_david_heap_001.pdf- ./prohibition_order_mr_david_heap_001.pdf-We have also considered whether Mr Heap’s conduct displayed behaviours associated ./prohibition_order_mr_david_heap_001.pdf-with any of the offences listed on page 8 of the Guidance, as the Guidance indicates that ./prohibition_order_mr_david_heap_001.pdf-where behaviours associated with such an offence exist, a Panel is likely to conclude that ./prohibition_order_mr_david_heap_001.pdf-an individual’s conduct would amount to unacceptable professional conduct. In ./prohibition_order_mr_david_heap_001.pdf:particular, we have considered whether the offence of sexual activity, and the behaviours ./prohibition_order_mr_david_heap_001.pdf-associated with such an offence, is relevant to this case. During oral evidence before the ./prohibition_order_mr_david_heap_001.pdf-Panel, one witness commented that they did not consider that Mr Heap’s contact with a ./prohibition_order_mr_david_heap_001.pdf:pupil was sexual, whilst another witness said that she did think the contact was sexual. ./prohibition_order_mr_david_heap_001.pdf-We have also taken into account that the National College has not advanced a case that ./prohibition_order_mr_david_heap_001.pdf:Mr Heap’s conduct was sexually motivated and we note that the allegations faced by Mr ./prohibition_order_mr_david_heap_001.pdf:Heap are that he “touched pupils inappropriately” and not that this was sexual contact. ./prohibition_order_mr_david_heap_001.pdf-Therefore, on the basis of the evidence before us, we are not persuaded that there is ./prohibition_order_mr_david_heap_001.pdf-enough evidence to conclude that Mr Heap’s behaviour was associated with an offence ./prohibition_order_mr_david_heap_001.pdf:of sexual activity. ./prohibition_order_mr_david_heap_001.pdf- ./prohibition_order_mr_david_heap_001.pdf- ./prohibition_order_mr_david_heap_001.pdf- ./prohibition_order_mr_david_heap_001.pdf- 15 ./prohibition_order_mr_david_heap_001.pdf- -- ./prohibition_order_mr_david_heap_001.pdf-We do not consider that an offence involving viewing or possessing any indecent ./prohibition_order_mr_david_heap_001.pdf-photograph or image or pseudo photograph or image of a child is relevant in this case, as ./prohibition_order_mr_david_heap_001.pdf:the material in question was adult pornography. ./prohibition_order_mr_david_heap_001.pdf- ./prohibition_order_mr_david_heap_001.pdf-However, taking into account the behaviour of Mr Heap, which falls significantly short of ./prohibition_order_mr_david_heap_001.pdf-the standards of behaviour expected of a teacher, we find that Mr David Heap’s actions ./prohibition_order_mr_david_heap_001.pdf-in inappropriately touching pupils on three separate occasions, and possessing and ./prohibition_order_mr_david_heap_001.pdf:watching pornographic materials in school, amounts to unacceptable professional ./prohibition_order_mr_david_heap_001.pdf-conduct and conduct that may bring the profession into disrepute. ./prohibition_order_mr_david_heap_001.pdf- ./prohibition_order_mr_david_heap_001.pdf- ./prohibition_order_mr_david_heap_001.pdf-Panel’s recommendation to the Secretary of State ./prohibition_order_mr_david_heap_001.pdf-Given the Panel’s findings in respect of unacceptable professional conduct and conduct ./prohibition_order_mr_david_heap_001.pdf-that may bring the profession into disrepute, it is necessary for the Panel to go on to ./prohibition_order_mr_david_heap_001.pdf-consider whether it would be appropriate to recommend the imposition of a Prohibition ./prohibition_order_mr_david_heap_001.pdf-Order by the Secretary of State. ./prohibition_order_mr_david_heap_001.pdf- ./prohibition_order_mr_david_heap_001.pdf-In considering whether to recommend to the Secretary of State that a Prohibition Order -- ./prohibition_order_mr_david_heap_001.pdf-Mr Heap has not provided any explanation for his actions, both in relation to the ./prohibition_order_mr_david_heap_001.pdf-inappropriate touching of pupils, which he denies, and the possession and viewing of ./prohibition_order_mr_david_heap_001.pdf:pornographic material on school premises. Therefore there is no evidence to suggest ./prohibition_order_mr_david_heap_001.pdf-that Mr Heap was acting under duress. ./prohibition_order_mr_david_heap_001.pdf- ./prohibition_order_mr_david_heap_001.pdf-There is also no evidence to suggest that Mr Heap’s actions were not deliberate. In ./prohibition_order_mr_david_heap_001.pdf-relation to the inappropriate touching of children, Mr Heap was issued with a clear ./prohibition_order_mr_david_heap_001.pdf-management instruction to desist from this type of conduct, and he contravened this ./prohibition_order_mr_david_heap_001.pdf-instruction on two occasions, as well as breaching safeguarding guidance. Mr Heap was ./prohibition_order_mr_david_heap_001.pdf:also aware that possessing pornographic materials in school and viewing them on school ./prohibition_order_mr_david_heap_001.pdf-computers was entirely inappropriate, and yet the materials were stored for at least 12 ./prohibition_order_mr_david_heap_001.pdf-months and the DVDs watched on seven separate occasions. This behaviour also ./prohibition_order_mr_david_heap_001.pdf-breached the school’s policy of the use of ICT and mobile phones. ./prohibition_order_mr_david_heap_001.pdf- ./prohibition_order_mr_david_heap_001.pdf-In light of the serious breaches of the Teachers’ Standards and the absence of any ./prohibition_order_mr_david_heap_001.pdf-explanation for or mitigation of this behaviour, the Panel makes a recommendation to the ./prohibition_order_mr_david_heap_001.pdf-Secretary of State that a Prohibition Order should be imposed with immediate effect. ./prohibition_order_mr_david_heap_001.pdf- ./prohibition_order_mr_david_heap_001.pdf-The Panel went on to consider whether or not it would be appropriate for them to decide ./prohibition_order_mr_david_heap_001.pdf-to recommend that a review period of the order should be considered. The Panel were -- ./prohibition_order_mr_david_heap_001.pdf-Prohibition Order applies for life, but there may be circumstances in any given case that ./prohibition_order_mr_david_heap_001.pdf-may make it appropriate to allow a teacher to apply to have the Prohibition Order ./prohibition_order_mr_david_heap_001.pdf-reviewed after a specified period of time that may not be less than two years. ./prohibition_order_mr_david_heap_001.pdf- ./prohibition_order_mr_david_heap_001.pdf-The Teacher Misconduct – Prohibition of Teachers Advice indicates that there are ./prohibition_order_mr_david_heap_001.pdf-behaviours that, if proven, would militate against a review period being recommended. ./prohibition_order_mr_david_heap_001.pdf-The Panel does not consider that any of these behaviours apply to this case. As ./prohibition_order_mr_david_heap_001.pdf-explained in its decision on the findings of unacceptable professional conduct and ./prohibition_order_mr_david_heap_001.pdf-conduct that may bring the profession into disrepute, the Panel is not persuaded that ./prohibition_order_mr_david_heap_001.pdf-there is enough evidence to conclude that Mr Heap’s behaviour was associated with an ./prohibition_order_mr_david_heap_001.pdf:offence of sexual activity, and it does not believe that Mr Heap’s actions were sexually ./prohibition_order_mr_david_heap_001.pdf-motivated. The Panel does not therefore consider that Mr Heap’s behaviour represents ./prohibition_order_mr_david_heap_001.pdf:serious sexual misconduct. ./prohibition_order_mr_david_heap_001.pdf- ./prohibition_order_mr_david_heap_001.pdf-The Panel has considered the extent to which Mr Heap has shown insight into his ./prohibition_order_mr_david_heap_001.pdf-actions. In the Panel’s view, during both the school’s disciplinary procedures and ./prohibition_order_mr_david_heap_001.pdf-throughout these proceedings, Mr Heap has failed to accept that there has been an issue ./prohibition_order_mr_david_heap_001.pdf-with his conduct in respect of the first allegation, concerning the inappropriate touching of ./prohibition_order_mr_david_heap_001.pdf-children. Mr Heap has denied this allegation, but has failed to present an explanation for ./prohibition_order_mr_david_heap_001.pdf-the incidents. On no occasion has Mr Heap suggested that his contact with pupils during ./prohibition_order_mr_david_heap_001.pdf- ./prohibition_order_mr_david_heap_001.pdf- ./prohibition_order_mr_david_heap_001.pdf- -- ./prohibition_order_mr_david_heap_001.pdf-the three incidents could have been misinterpreted. Rather, Mr Heap has adamantly ./prohibition_order_mr_david_heap_001.pdf-denied the allegations with no explanation. ./prohibition_order_mr_david_heap_001.pdf- ./prohibition_order_mr_david_heap_001.pdf:In relation to the allegation concerning the possession and viewing of pornographic ./prohibition_order_mr_david_heap_001.pdf-material at school, Mr Heap has admitted the facts of this allegation and acknowledged ./prohibition_order_mr_david_heap_001.pdf-that this was inappropriate behaviour. However, given the clear evidence against him in ./prohibition_order_mr_david_heap_001.pdf-respect of this allegation, the Panel feels Mr Heap had no choice but to acknowledge his ./prohibition_order_mr_david_heap_001.pdf-actions. Mr Heap has however failed to provide any explanation as to why the ./prohibition_order_mr_david_heap_001.pdf:pornographic materials were being kept at school, and for such a long period of time, and ./prohibition_order_mr_david_heap_001.pdf-why he accessed the DVDs during school time. Mr Heap ignored the school’s ICT policy ./prohibition_order_mr_david_heap_001.pdf-in this respect. ./prohibition_order_mr_david_heap_001.pdf- ./prohibition_order_mr_david_heap_001.pdf-As a result of the lack of insight and awareness that Mr Heap has shown throughout ./prohibition_order_mr_david_heap_001.pdf-these proceedings, and the disregard of management instructions, school policies and ./prohibition_order_mr_david_heap_001.pdf-safeguarding guidance that he has demonstrated, Mr Heap has not been reflective ./prohibition_order_mr_david_heap_001.pdf-enough to enable the Panel to conclude that in the future he would be able to reform and ./prohibition_order_mr_david_heap_001.pdf-amend his behaviour. The Panel considers such behaviour to be fundamentally ./prohibition_order_mr_david_heap_001.pdf-incompatible with being a teacher. ./prohibition_order_mr_david_heap_001.pdf- -- ./prohibition_order_mr_david_heap_001.pdf-Mr Heap has failed to observe appropriate boundaries with pupils and has ./prohibition_order_mr_david_heap_001.pdf-breached his position of trust. He has also failed to have proper regard for the ./prohibition_order_mr_david_heap_001.pdf-need to safeguard pupils’ well-being and failed to have proper regard for the ethos, ./prohibition_order_mr_david_heap_001.pdf-policies and practices of the school. ./prohibition_order_mr_david_heap_001.pdf- ./prohibition_order_mr_david_heap_001.pdf-The panel have properly considered any mitigating factors. Whilst Mr Heap had a ./prohibition_order_mr_david_heap_001.pdf-previously good teaching record, there is no evidence to suggest he was acting ./prohibition_order_mr_david_heap_001.pdf-under duress or that his actions were not deliberate. Mr Heap was issued with a ./prohibition_order_mr_david_heap_001.pdf-clear management instruction to desist from the type of behaviour he was ./prohibition_order_mr_david_heap_001.pdf-exhibiting and contravened this on two further occasions. He was aware that ./prohibition_order_mr_david_heap_001.pdf:possessing pornographic materials in school and viewing them on school ./prohibition_order_mr_david_heap_001.pdf-computers was entirely inappropriate yet they were stored on the premises for at ./prohibition_order_mr_david_heap_001.pdf- ./prohibition_order_mr_david_heap_001.pdf- 19 ./prohibition_order_mr_david_heap_001.pdf- -- ./prohibition_order_mr_david_heap_001.pdf-least 12 months and the DVDs watched on seven separate occasions. In all the ./prohibition_order_mr_david_heap_001.pdf-circumstances I agree that a prohibition order is an appropriate and proportionate ./prohibition_order_mr_david_heap_001.pdf-sanction. ./prohibition_order_mr_david_heap_001.pdf- ./prohibition_order_mr_david_heap_001.pdf-I have considered whether a review period is appropriate. The panel have not ./prohibition_order_mr_david_heap_001.pdf:found Mr Heap’s behaviour to be serious sexual misconduct. However Mr Heap ./prohibition_order_mr_david_heap_001.pdf-has failed to accept that there has been an issue with his conduct in respect of the ./prohibition_order_mr_david_heap_001.pdf-allegation concerning inappropriate touching of pupils. He has continued to deny ./prohibition_order_mr_david_heap_001.pdf-the allegations without offering any explanation. ./prohibition_order_mr_david_heap_001.pdf- ./prohibition_order_mr_david_heap_001.pdf-Mr Heap has chosen not to attend the hearing and therefore the panel have seen ./prohibition_order_mr_david_heap_001.pdf-no evidence of insight or remorse. The panel have therefore had no opportunity to ./prohibition_order_mr_david_heap_001.pdf-determine that Mr Heap is able to reform and his behaviour. I therefore agree that ./prohibition_order_mr_david_heap_001.pdf-the order should be without an opportunity for review. ./prohibition_order_mr_david_heap_001.pdf- ./prohibition_order_mr_david_heap_001.pdf-This means that Mr David Heap is prohibited from teaching indefinitely and cannot teach ./prohibition_order_mr_david_john_wolfarth.pdf-inappropriate in itself. However, he described the pupil's tone as extremely familiar. ./prohibition_order_mr_david_john_wolfarth.pdf-He said that it was extremely worrying that a student felt that she was able to email a ./prohibition_order_mr_david_john_wolfarth.pdf-teacher in those terms. He advised that he had no problems with the response sent ./prohibition_order_mr_david_john_wolfarth.pdf-by Mr Wolfarth but he was concerned that Mr Wolfarth had responded and had not ./prohibition_order_mr_david_john_wolfarth.pdf-been concerned about the email particularly as he had spent a full day in a police ./prohibition_order_mr_david_john_wolfarth.pdf-station answering allegations made by him by Pupil B not that long before the email ./prohibition_order_mr_david_john_wolfarth.pdf-had been sent by Pupil C. ./prohibition_order_mr_david_john_wolfarth.pdf- ./prohibition_order_mr_david_john_wolfarth.pdf-Witness A identified that Mr Wolfarth should have recognised that there was an ./prohibition_order_mr_david_john_wolfarth.pdf-infatuation, that this should have been recorded, that he was spending too much time ./prohibition_order_mr_david_john_wolfarth.pdf:with one student and demonstrating favouritism and there was grooming and ./prohibition_order_mr_david_john_wolfarth.pdf-concerns that the relationship may have developed. ./prohibition_order_mr_david_john_wolfarth.pdf- ./prohibition_order_mr_david_john_wolfarth.pdf-Witness A confirmed that during his investigation he ascertained that it was true that ./prohibition_order_mr_david_john_wolfarth.pdf-Mr Wolfarth was meeting with Pupil C in one-to-one meetings. He said that it ./prohibition_order_mr_david_john_wolfarth.pdf-appeared that Mr Wolfarth still did not understand that such conduct was ./prohibition_order_mr_david_john_wolfarth.pdf-completely unacceptable and contrary to the additional training and written ./prohibition_order_mr_david_john_wolfarth.pdf-instructions that he had received. He suggested that on a personal level Mr Wolfarth ./prohibition_order_mr_david_john_wolfarth.pdf-had no understanding as to what was acceptable as a suitable level of interaction ./prohibition_order_mr_david_john_wolfarth.pdf-with a student. ./prohibition_order_mr_david_john_wolfarth.pdf- ./prohibition_order_mr_david_livesay_aka_livesey.pdf- ./prohibition_order_mr_david_livesay_aka_livesey.pdf-The Panel announced its decision and reasons as follows: ./prohibition_order_mr_david_livesay_aka_livesey.pdf- ./prohibition_order_mr_david_livesay_aka_livesey.pdf-We have now carefully considered the case before us and have reached a decision. ./prohibition_order_mr_david_livesay_aka_livesey.pdf- ./prohibition_order_mr_david_livesay_aka_livesey.pdf-We confirm that we have read all the documents provided in the bundle in advance ./prohibition_order_mr_david_livesay_aka_livesey.pdf-of the hearing. ./prohibition_order_mr_david_livesay_aka_livesey.pdf- ./prohibition_order_mr_david_livesay_aka_livesey.pdf-This case concerns allegations that while employed as a teacher of music at St John ./prohibition_order_mr_david_livesay_aka_livesey.pdf-Plessington Catholic College Bebington Mr Livesay (aka Mr Livesey) formed a ./prohibition_order_mr_david_livesay_aka_livesey.pdf:relationship with Student A. Following her sixteenth birthday he engaged in sexual ./prohibition_order_mr_david_livesay_aka_livesey.pdf:touching and sexual intercourse with her on several occasions while she was still a ./prohibition_order_mr_david_livesay_aka_livesey.pdf-student at the College. He was prosecuted and convicted on his own plea of guilty ./prohibition_order_mr_david_livesay_aka_livesey.pdf:at Liverpool Crown Court of 10 separate charges of sexual activity with a female ./prohibition_order_mr_david_livesay_aka_livesey.pdf-aged 13-17 whom he did not believe to be over 18 while in a position of trust - ./prohibition_order_mr_david_livesay_aka_livesey.pdf-contrary to s 16(1)(a) Sexual Offences Act 2003. On 28 September 2012 he was ./prohibition_order_mr_david_livesay_aka_livesey.pdf-sentenced to 14 months immediate imprisonment and placed on the Sex Offenders ./prohibition_order_mr_david_livesay_aka_livesey.pdf-Register for a period of 10 years. The National College allege that these are ./prohibition_order_mr_david_livesay_aka_livesey.pdf-convictions of offences which are relevant to Mr Livesay’s (aka Mr Livesey’s) ./prohibition_order_mr_david_livesay_aka_livesey.pdf-suitability to be a teacher. ./prohibition_order_mr_david_livesay_aka_livesey.pdf- ./prohibition_order_mr_david_livesay_aka_livesey.pdf-Findings of fact ./prohibition_order_mr_david_livesay_aka_livesey.pdf- ./prohibition_order_mr_david_livesay_aka_livesey.pdf-Our findings of fact are as follows: -- ./prohibition_order_mr_david_livesay_aka_livesey.pdf-And our reasons are that we have relied upon Mr Livesay’s (aka Mr Livesey’s) ./prohibition_order_mr_david_livesay_aka_livesey.pdf-admission, the statement of agreed facts (pp 11-14) and the Certificate of Conviction ./prohibition_order_mr_david_livesay_aka_livesey.pdf-from Liverpool Crown Court (p 27). ./prohibition_order_mr_david_livesay_aka_livesey.pdf- ./prohibition_order_mr_david_livesay_aka_livesey.pdf-Findings as to Conviction of a Relevant Offence ./prohibition_order_mr_david_livesay_aka_livesey.pdf- ./prohibition_order_mr_david_livesay_aka_livesey.pdf-We are satisfied that these are offences that are relevant to Mr Livesay’s (aka Mr ./prohibition_order_mr_david_livesay_aka_livesey.pdf-Livesey’s) fitness to be a teacher. His behaviour towards Student A showed a gross ./prohibition_order_mr_david_livesay_aka_livesey.pdf-failure to observe the standards of personal and professional conduct expected of a ./prohibition_order_mr_david_livesay_aka_livesey.pdf-teacher and represented an abuse of his position of trust towards Student A. He has ./prohibition_order_mr_david_livesay_aka_livesey.pdf:been convicted of serious sexual offences towards Student A which were regarded ./prohibition_order_mr_david_livesay_aka_livesey.pdf-as so serious that they led to a sentence of immediate imprisonment of 14 months. ./prohibition_order_mr_david_livesay_aka_livesey.pdf-Clearly his conduct would have both had a serious impact on Student A and ./prohibition_order_mr_david_livesay_aka_livesey.pdf-undermined public confidence in the profession. ./prohibition_order_mr_david_livesay_aka_livesey.pdf- ./prohibition_order_mr_david_livesay_aka_livesey.pdf-Panel’s Recommendation to the Secretary of State ./prohibition_order_mr_david_livesay_aka_livesey.pdf- ./prohibition_order_mr_david_livesay_aka_livesey.pdf-Recommendation to Secretary of State ./prohibition_order_mr_david_livesay_aka_livesey.pdf- ./prohibition_order_mr_david_livesay_aka_livesey.pdf-On page 15 of the case papers Mr Livesay (aka Mr Livesey) says he does not wish ./prohibition_order_mr_david_livesay_aka_livesey.pdf-to offer any mitigation although he indicates that he deeply regrets his actions and ./prohibition_order_mr_david_livesay_aka_livesey.pdf-any disrepute this has brought upon the profession. We have noted those ./prohibition_order_mr_david_livesay_aka_livesey.pdf-observations but do not feel we can give much, if any, weight to them. ./prohibition_order_mr_david_livesay_aka_livesey.pdf- ./prohibition_order_mr_david_livesay_aka_livesey.pdf-This was not an isolated incident but Mr Livesay (aka Mr Livesey) engaged in a ./prohibition_order_mr_david_livesay_aka_livesey.pdf-course of conduct that continued for a year or so. He admitted ten specific counts of ./prohibition_order_mr_david_livesay_aka_livesey.pdf:sexual activity with Student A – some of those incidents occurring in a park and at a ./prohibition_order_mr_david_livesay_aka_livesey.pdf-Church. These actions were plainly deliberate and persistent and Mr Livesay (aka Mr ./prohibition_order_mr_david_livesay_aka_livesey.pdf-Livesey), worryingly makes no mention at all of the emotional damage that may have ./prohibition_order_mr_david_livesay_aka_livesey.pdf-been caused to Student A. ./prohibition_order_mr_david_livesay_aka_livesey.pdf- ./prohibition_order_mr_david_livesay_aka_livesey.pdf-We are very concerned about this case and particularly the potential risk to pupils ./prohibition_order_mr_david_livesay_aka_livesey.pdf-with whom Mr Livesay (aka Mr Livesey) may come into contact in the future should ./prohibition_order_mr_david_livesay_aka_livesey.pdf-he be allowed to return to teaching. ./prohibition_order_mr_david_livesay_aka_livesey.pdf- ./prohibition_order_mr_david_livesay_aka_livesey.pdf-We have no doubt at all that a Prohibition Order should be made in this case. ./prohibition_order_mr_david_livesay_aka_livesey.pdf-Prohibition Orders are made in the public interest which includes protection of the ./prohibition_order_mr_david_livesay_aka_livesey.pdf-public, maintaining professional standards and upholding the reputation of the ./prohibition_order_mr_david_livesay_aka_livesey.pdf-profession. On all those grounds a Prohibition Order, in our judgement, should be ./prohibition_order_mr_david_livesay_aka_livesey.pdf-imposed. ./prohibition_order_mr_david_livesay_aka_livesey.pdf- ./prohibition_order_mr_david_livesay_aka_livesey.pdf:In particular our concerns about Mr Livesay (aka Mr Livesey)’s serious sexual ./prohibition_order_mr_david_livesay_aka_livesey.pdf-misconduct over a substantial period of time, the gross nature of his disregard for the ./prohibition_order_mr_david_livesay_aka_livesey.pdf-welfare of Student A and the abuse of trust demonstrated by his behaviour lead us to ./prohibition_order_mr_david_livesay_aka_livesey.pdf-conclude that, in the interests of future pupils, there should be no review period. ./prohibition_order_mr_david_livesay_aka_livesey.pdf- ./prohibition_order_mr_david_livesay_aka_livesey.pdf-Secretary of State’s Decision and Reasons ./prohibition_order_mr_david_livesay_aka_livesey.pdf- ./prohibition_order_mr_david_livesay_aka_livesey.pdf-I have given very careful consideration to this case and to the recommendation of ./prohibition_order_mr_david_livesay_aka_livesey.pdf-the panel. ./prohibition_order_mr_david_livesay_aka_livesey.pdf- -- ./prohibition_order_mr_david_livesay_aka_livesey.pdf- 6 ./prohibition_order_mr_david_livesay_aka_livesey.pdf- ./prohibition_order_mr_david_livesay_aka_livesey.pdf- ./prohibition_order_mr_david_livesay_aka_livesey.pdf- ./prohibition_order_mr_david_livesay_aka_livesey.pdf-This is a very serious case which resulted in ten convictions and a custodial ./prohibition_order_mr_david_livesay_aka_livesey.pdf:sentence for the offence of a sexual act with a female aged 13-17. Mr Livesay (aka ./prohibition_order_mr_david_livesay_aka_livesey.pdf-Mr Livesey) engaged in a deliberate course of conduct which seriously fell below the ./prohibition_order_mr_david_livesay_aka_livesey.pdf-standards expected of a teacher. His behaviour had no regard for the welfare of the ./prohibition_order_mr_david_livesay_aka_livesey.pdf-pupil and he has offered no mitigation. ./prohibition_order_mr_david_livesay_aka_livesey.pdf- ./prohibition_order_mr_david_livesay_aka_livesey.pdf-I support the recommendation that Mr Livesay (aka Mr Livesey) be prohibited from ./prohibition_order_mr_david_livesay_aka_livesey.pdf-teaching and that there be no review period. I believe that this is in the public interest ./prohibition_order_mr_david_livesay_aka_livesey.pdf-and is proportionate. ./prohibition_order_mr_david_livesay_aka_livesey.pdf- ./prohibition_order_mr_david_livesay_aka_livesey.pdf-This means that Mr David Livesay (aka Mr Livesey) is prohibited from teaching ./prohibition_order_mr_david_livesay_aka_livesey.pdf-indefinitely and cannot teach in any school, Sixth Form College, relevant youth ./prohibition_order_mr_david_philips.pdf-disrepute, were announced in public. The hearing was recorded. ./prohibition_order_mr_david_philips.pdf- ./prohibition_order_mr_david_philips.pdf-B. Allegations ./prohibition_order_mr_david_philips.pdf- ./prohibition_order_mr_david_philips.pdf-The Panel considered the allegations set out in the Notice of Proceedings dated 29 ./prohibition_order_mr_david_philips.pdf-November 2012. ./prohibition_order_mr_david_philips.pdf- ./prohibition_order_mr_david_philips.pdf-It was alleged that Mr David Philips was guilty of conduct that may bring the ./prohibition_order_mr_david_philips.pdf-profession into disrepute, in that he: ./prohibition_order_mr_david_philips.pdf- ./prohibition_order_mr_david_philips.pdf:(a) Engaged in sexual activity with a 14 year old child (Child A) during 2010; ./prohibition_order_mr_david_philips.pdf- ./prohibition_order_mr_david_philips.pdf-(b) On 9 and 11 December 2010, sent inappropriate text messages to Child A. ./prohibition_order_mr_david_philips.pdf- -- ./prohibition_order_mr_david_philips.pdf-alleged that on 11 December 2010, Mr Philips had texted her a number of times ./prohibition_order_mr_david_philips.pdf-around midnight whilst she was in her bedroom. Child A claimed that this led to Mr ./prohibition_order_mr_david_philips.pdf-Philips going to her bedroom where he touched her breasts over and under her ./prohibition_order_mr_david_philips.pdf-clothing, removed her bra and touched, kissed and licked her breasts, neck and ./prohibition_order_mr_david_philips.pdf-mouth. ./prohibition_order_mr_david_philips.pdf- ./prohibition_order_mr_david_philips.pdf-Findings of fact ./prohibition_order_mr_david_philips.pdf- ./prohibition_order_mr_david_philips.pdf-Our findings of fact are as follows: ./prohibition_order_mr_david_philips.pdf- ./prohibition_order_mr_david_philips.pdf:(a) Engaged in sexual activity with Child A during 2010 ./prohibition_order_mr_david_philips.pdf- ./prohibition_order_mr_david_philips.pdf-In relation to (a), we find the facts proved. ./prohibition_order_mr_david_philips.pdf- ./prohibition_order_mr_david_philips.pdf-In making this finding, we have taken into account the evidence of Witness A as to ./prohibition_order_mr_david_philips.pdf-complaint made by Child A and her mother on 12 December 2010. Witness A ./prohibition_order_mr_david_philips.pdf-conducted a video–recorded interview with Child A on 13 December 2010 and we ./prohibition_order_mr_david_philips.pdf-have seen the transcript of that interview. We have also seen the witness statements ./prohibition_order_mr_david_philips.pdf-of Child A and her mother made on 12 and 13 December respectively. Child A’s ./prohibition_order_mr_david_philips.pdf-mother described Child A as a ‘trustworthy child’. ./prohibition_order_mr_david_philips.pdf- -- ./prohibition_order_mr_david_philips.pdf- of the text messages sent to Child A’s phone from that number. The Panel considers ./prohibition_order_mr_david_philips.pdf- that the messages were sent to Child A by Mr Philips with a view to visiting Child A in ./prohibition_order_mr_david_philips.pdf: her bedroom to engage in sexual activity. Whilst the content of the messages were ./prohibition_order_mr_david_philips.pdf: not explicitly sexual, they were, nevertheless, inappropriate. At the appeal hearing, ./prohibition_order_mr_david_philips.pdf- Mr Philips said that he had sent Child A a text message to see if she was OK. ./prohibition_order_mr_david_philips.pdf- However, the device report reveals no such message. We considered the ./prohibition_order_mr_david_philips.pdf- explanation advanced by Mr Philips at the disciplinary appeal that Child A, having ./prohibition_order_mr_david_philips.pdf- borrowed his phone, might have sent some text messages to herself. However, we ./prohibition_order_mr_david_philips.pdf- found this explanation to be implausible. ./prohibition_order_mr_david_philips.pdf- ./prohibition_order_mr_david_philips.pdf- Findings as to Conduct that may bring the profession into disrepute ./prohibition_order_mr_david_philips.pdf- ./prohibition_order_mr_david_philips.pdf- We are satisfied that the actions of Mr Philips amounted to conduct that may bring ./prohibition_order_mr_david_philips.pdf- the profession into disrepute. ./prohibition_order_mr_david_philips.pdf- ./prohibition_order_mr_david_philips.pdf- The Panel considers the facts proven to be of a serious nature. The conduct involved ./prohibition_order_mr_david_philips.pdf: sexual misconduct against a young teenage child. There was evidence that this ./prohibition_order_mr_david_philips.pdf- conduct had carried on unchecked for some appreciable time. The Panel found that ./prohibition_order_mr_david_philips.pdf- the conduct also amounted to a serious breach of trust and abuse of position and, as ./prohibition_order_mr_david_philips.pdf- such, was directly related to suitability to be a teacher. ./prohibition_order_mr_david_philips.pdf- ./prohibition_order_mr_david_philips.pdf-Panel’s Recommendation to the Secretary of State ./prohibition_order_mr_david_philips.pdf- ./prohibition_order_mr_david_philips.pdf- We have taken into account the evidence of Individual C to the effect that Mr ./prohibition_order_mr_david_philips.pdf- Philips had a previous good history and was considered to be a sound teacher. ./prohibition_order_mr_david_philips.pdf- The Panel finds that there are several elements of Mr Philips’ behaviour that are ./prohibition_order_mr_david_philips.pdf- incompatible with him continuing to be a teacher. His conduct represented a serious ./prohibition_order_mr_david_philips.pdf- departure from the personal and professional conduct elements of the latest ./prohibition_order_mr_david_philips.pdf: teacher’s standards. The serious sexual misconduct, in relation to a vulnerable ./prohibition_order_mr_david_philips.pdf- young teenager, continued for some time and was clearly an abuse of his position of ./prohibition_order_mr_david_philips.pdf- trust. The Panel noted the references to a deep seated attitude which could lead to ./prohibition_order_mr_david_philips.pdf- further harmful behaviour. Mr Philips has not sought to engage throughout this ./prohibition_order_mr_david_philips.pdf- process. In requesting a reference from his employer, Mr Philips clearly has the ./prohibition_order_mr_david_philips.pdf- desire to continue in his profession. Were he to do so, the Panel consider that there ./prohibition_order_mr_david_philips.pdf- would be a risk to the well-being of pupils under his care because Mr Philips has ./prohibition_order_mr_david_philips.pdf- failed to show any insight into his harmful behaviour. Therefore, we have concluded ./prohibition_order_mr_david_philips.pdf- that a Prohibition Order is necessary in order to protect children and uphold proper ./prohibition_order_mr_david_philips.pdf- standards of conduct and maintain public confidence in the profession. We consider ./prohibition_order_mr_david_philips.pdf- this to be proportionate and recommend this sanction to the Secretary of State. ./prohibition_order_mr_david_russon.pdf- ./prohibition_order_mr_david_russon.pdf-Mr Pearce called Witness B to give evidence. Witness B had been the Headteacher at ./prohibition_order_mr_david_russon.pdf-Ridgewood High School between September 2000 and August 2005. She read her witness ./prohibition_order_mr_david_russon.pdf-testimonial and spoke of Mr Russon's close links with the community, his strong sense of ./prohibition_order_mr_david_russon.pdf-community and commitment to pupil development. She explained that he was kind but firm ./prohibition_order_mr_david_russon.pdf-and was passionate about ensuring that children were able to achieve. She believed that he ./prohibition_order_mr_david_russon.pdf-instilled a sense of pride in pupils and created a strong link with universities as a mentor. ./prohibition_order_mr_david_russon.pdf-Individual A had declined to meet with Witness B as the outgoing headteacher. She had ./prohibition_order_mr_david_russon.pdf-dismissed earlier allegations raised against Mr Russon and had not put in place any ./prohibition_order_mr_david_russon.pdf-monitoring of the additional conditions agreed with him. She had been content that there ./prohibition_order_mr_david_russon.pdf:was no sense of grooming a wider group of pupils and noted that the police had taken no ./prohibition_order_mr_david_russon.pdf-action. She believed that there had been a witch hunt against Mr Russon. ./prohibition_order_mr_david_russon.pdf- ./prohibition_order_mr_david_russon.pdf-Mr Pearce also called Witness C to give evidence. Witness C read his witness statement to ./prohibition_order_mr_david_russon.pdf-the Committee. He had been a former colleague of Mr Russon and spoke very highly of Mr ./prohibition_order_mr_david_russon.pdf-Russon, referring to his involvement in the community. Witness C said that some teachers ./prohibition_order_mr_david_russon.pdf-believed that Mr Russon was quite brash but this was not his real personality. He had close ./prohibition_order_mr_david_russon.pdf-links with a number of charities and was a trustee of an African charity working with AIDS ./prohibition_order_mr_david_russon.pdf-victims. ./prohibition_order_mr_david_russon.pdf- ./Prohibition_order_Mr_Edward_Campbell-Castle.pdf- ./Prohibition_order_Mr_Edward_Campbell-Castle.pdf- 1. Whilst employed as a teacher he engaged in an inappropriate relationship with a ./Prohibition_order_Mr_Edward_Campbell-Castle.pdf- pupil at another school, Child A, ./Prohibition_order_Mr_Edward_Campbell-Castle.pdf- ./Prohibition_order_Mr_Edward_Campbell-Castle.pdf- 2. On 7 December 2010 he lied to the police about Child A’s whereabouts; ./Prohibition_order_Mr_Edward_Campbell-Castle.pdf- ./Prohibition_order_Mr_Edward_Campbell-Castle.pdf- 3. From 7 December 2010 to May 2011 he knew or ought to have known that Child A ./Prohibition_order_Mr_Edward_Campbell-Castle.pdf- was under the age of 16 when he engaged in an inappropriate relationship with ./Prohibition_order_Mr_Edward_Campbell-Castle.pdf- her: ./Prohibition_order_Mr_Edward_Campbell-Castle.pdf- ./Prohibition_order_Mr_Edward_Campbell-Castle.pdf: 4. His conduct at paragraphs 1 above was sexually motivated; ./Prohibition_order_Mr_Edward_Campbell-Castle.pdf- ./Prohibition_order_Mr_Edward_Campbell-Castle.pdf- 5. His conduct at paragraph 2 was dishonest in that he deliberately attempted to ./Prohibition_order_Mr_Edward_Campbell-Castle.pdf- mislead the police. ./Prohibition_order_Mr_Edward_Campbell-Castle.pdf- ./Prohibition_order_Mr_Edward_Campbell-Castle.pdf-Mr Campbell-Castle admitted the facts alleged in paragraphs 1 and 4, but denied the ./Prohibition_order_Mr_Edward_Campbell-Castle.pdf-facts alleged in paragraphs 2, 3 and 5. Unacceptable professional conduct and conduct ./Prohibition_order_Mr_Edward_Campbell-Castle.pdf-that may bring the profession into disrepute were denied. ./Prohibition_order_Mr_Edward_Campbell-Castle.pdf- ./Prohibition_order_Mr_Edward_Campbell-Castle.pdf- ./Prohibition_order_Mr_Edward_Campbell-Castle.pdf-C. Preliminary applications -- ./Prohibition_order_Mr_Edward_Campbell-Castle.pdf-much.’ The Panel believes it is more likely than not that this is a coded reference to Child ./Prohibition_order_Mr_Edward_Campbell-Castle.pdf-A’s 16th birthday and, therefore, proves that Mr Campbell-Castle knew that she was 15 ./Prohibition_order_Mr_Edward_Campbell-Castle.pdf-years old prior to May 2011 and made attempts to cover up explicit references to this in ./Prohibition_order_Mr_Edward_Campbell-Castle.pdf-his communications with her. ./Prohibition_order_Mr_Edward_Campbell-Castle.pdf- ./Prohibition_order_Mr_Edward_Campbell-Castle.pdf-After careful consideration of all of this correspondence and Mr Campbell-Castle’s ./Prohibition_order_Mr_Edward_Campbell-Castle.pdf-explanations, the Panel considers his account implausible and that he clearly did know ./Prohibition_order_Mr_Edward_Campbell-Castle.pdf-after 8 December 2010 that she was under 16 and that he was going to lengths to hide ./Prohibition_order_Mr_Edward_Campbell-Castle.pdf-this in their emails. The Panel finds the facts proved. ./Prohibition_order_Mr_Edward_Campbell-Castle.pdf- ./Prohibition_order_Mr_Edward_Campbell-Castle.pdf: 4. His conduct at paragraph 1 above was sexually motivated; ./Prohibition_order_Mr_Edward_Campbell-Castle.pdf:Mr Campbell-Castle admits that his conduct was sexually motivated and this is clearly ./Prohibition_order_Mr_Edward_Campbell-Castle.pdf-supported by the evidence presented. The Panel finds the facts proved. ./Prohibition_order_Mr_Edward_Campbell-Castle.pdf- ./Prohibition_order_Mr_Edward_Campbell-Castle.pdf- 5. His conduct at paragraph 2 was dishonest in that he deliberately attempted ./Prohibition_order_Mr_Edward_Campbell-Castle.pdf- to mislead the police. ./Prohibition_order_Mr_Edward_Campbell-Castle.pdf-Mr Campbell-Castle denies the alleged facts, but the Panel has found that Mr Campbell- ./Prohibition_order_Mr_Edward_Campbell-Castle.pdf-Castle lied to the police about the whereabouts of Child A on 8 December 2010. The ./Prohibition_order_Mr_Edward_Campbell-Castle.pdf-Panel is satisfied that Mr Campbell-Castle deliberately attempted to mislead the police. In ./Prohibition_order_Mr_Edward_Campbell-Castle.pdf-doing so, his actions were dishonest by the ordinary standards of reasonable and honest ./Prohibition_order_Mr_Edward_Campbell-Castle.pdf-people and Mr Campbell-Castle must have realised that by those standards his actions ./Prohibition_order_Mr_Edward_Campbell-Castle.pdf-were dishonest. Accordingly, the Panel finds the facts proved. -- ./Prohibition_order_Mr_Edward_Campbell-Castle.pdf-Panel’s recommendation to the Secretary of State ./Prohibition_order_Mr_Edward_Campbell-Castle.pdf-The Panel has taken into consideration the fact that Mr Campbell-Castle is a person of ./Prohibition_order_Mr_Edward_Campbell-Castle.pdf-previous good character. The Panel has also considered the positive character ./Prohibition_order_Mr_Edward_Campbell-Castle.pdf-references provided, including the oral reference on oath from Witness B. ./Prohibition_order_Mr_Edward_Campbell-Castle.pdf- ./Prohibition_order_Mr_Edward_Campbell-Castle.pdf-The behaviour was incompatible with being a teacher given that it involved: ./Prohibition_order_Mr_Edward_Campbell-Castle.pdf- ./Prohibition_order_Mr_Edward_Campbell-Castle.pdf-  a serious departure from the personal and professional conduct elements of the ./Prohibition_order_Mr_Edward_Campbell-Castle.pdf- Teachers’ Standards (albeit not within a school setting); ./Prohibition_order_Mr_Edward_Campbell-Castle.pdf-  dishonesty; ./Prohibition_order_Mr_Edward_Campbell-Castle.pdf:  sexual misconduct involving actions that were sexually motivated. ./Prohibition_order_Mr_Edward_Campbell-Castle.pdf-Despite these factors, we are confident that Mr Campbell-Castle did not set out with any ./Prohibition_order_Mr_Edward_Campbell-Castle.pdf-intention of pursuing a relationship with a person under the age of 18. As he now ./Prohibition_order_Mr_Edward_Campbell-Castle.pdf-acknowledges, Mr Campbell-Castle allowed himself to be misled and was too willing to ./Prohibition_order_Mr_Edward_Campbell-Castle.pdf-trust Child A’s word regarding her age against increasingly convincing evidence to the ./Prohibition_order_Mr_Edward_Campbell-Castle.pdf-contrary. Given the particular circumstances of this case, the Panel feels that the risk of ./Prohibition_order_Mr_Edward_Campbell-Castle.pdf- ./Prohibition_order_Mr_Edward_Campbell-Castle.pdf- 10 ./Prohibition_order_Mr_Edward_Campbell-Castle.pdf- -- ./Prohibition_order_Mr_Edward_Campbell-Castle.pdf-Mr Campbell Castle’s repeating this behaviour is minimal. Accordingly, the Panel does ./Prohibition_order_Mr_Edward_Campbell-Castle.pdf-not consider that a Prohibition Order is necessary in order to protect pupils or other ./Prohibition_order_Mr_Edward_Campbell-Castle.pdf-members of the public. Nevertheless, in the face of serious misconduct, the Panel is ./Prohibition_order_Mr_Edward_Campbell-Castle.pdf-satisfied that a Prohibition Order is necessary in the public interest in order to maintain ./Prohibition_order_Mr_Edward_Campbell-Castle.pdf-public confidence in the teaching profession and to declare and uphold proper standards ./Prohibition_order_Mr_Edward_Campbell-Castle.pdf-of conduct. This is our recommendation. ./Prohibition_order_Mr_Edward_Campbell-Castle.pdf- ./Prohibition_order_Mr_Edward_Campbell-Castle.pdf-The Panel considered whether to recommend that Mr Campbell-Castle be permitted to ./Prohibition_order_Mr_Edward_Campbell-Castle.pdf-apply for the Prohibition Order to be set aside or that there should be no such provision. ./Prohibition_order_Mr_Edward_Campbell-Castle.pdf- ./Prohibition_order_Mr_Edward_Campbell-Castle.pdf:Whilst the behaviour involved sexual misconduct which was sexually motivated, this was ./Prohibition_order_Mr_Edward_Campbell-Castle.pdf-not a situation in which Mr Campbell-Castle had used his professional position to ./Prohibition_order_Mr_Edward_Campbell-Castle.pdf-influence or exploit Child A. In the view of the Panel, this distinguishes this case from ./Prohibition_order_Mr_Edward_Campbell-Castle.pdf:other cases involving sexual misconduct. Child A, despite being under age, responded to ./Prohibition_order_Mr_Edward_Campbell-Castle.pdf-Mr Campbell-Castle’s notice on an over 18 website. Child A admitted that she misled Mr ./Prohibition_order_Mr_Edward_Campbell-Castle.pdf-Campbell-Castle and subsequently gave him false reassurance about her age, at least ./Prohibition_order_Mr_Edward_Campbell-Castle.pdf-during the initial stages of the relationship. The Panel was also satisfied that there was ./Prohibition_order_Mr_Edward_Campbell-Castle.pdf-nothing about Child A’s appearance and behaviour that should have immediately alerted ./Prohibition_order_Mr_Edward_Campbell-Castle.pdf-Mr Campbell-Castle to her true age. The Panel noted the evidence of Teacher A to the ./Prohibition_order_Mr_Edward_Campbell-Castle.pdf-effect that Child A presented as someone who could be as old as 21 when he met with ./Prohibition_order_Mr_Edward_Campbell-Castle.pdf-her on 1 November 2011. ./Prohibition_order_Mr_Edward_Campbell-Castle.pdf- ./Prohibition_order_Mr_Edward_Campbell-Castle.pdf-In his oral evidence after the Panel’s findings were announced, Mr Campbell-Castle ./Prohibition_order_Mr_Edward_Campbell-Castle.pdf-demonstrated considerable insight into his actions. In particular, he reassured the Panel -- ./Prohibition_order_Mr_Edward_Campbell-Castle.pdf-Decision and reasons on behalf of the Secretary of ./Prohibition_order_Mr_Edward_Campbell-Castle.pdf-State ./Prohibition_order_Mr_Edward_Campbell-Castle.pdf-I have given careful consideration to the findings and recommendations of the panel in ./Prohibition_order_Mr_Edward_Campbell-Castle.pdf-this case. ./Prohibition_order_Mr_Edward_Campbell-Castle.pdf- ./Prohibition_order_Mr_Edward_Campbell-Castle.pdf-The panel have found all the facts proven relating to the various allegations and have ./Prohibition_order_Mr_Edward_Campbell-Castle.pdf-judged that those facts amount to both unacceptable professional conduct and conduct ./Prohibition_order_Mr_Edward_Campbell-Castle.pdf-that may bring the profession into disrepute. ./Prohibition_order_Mr_Edward_Campbell-Castle.pdf- ./Prohibition_order_Mr_Edward_Campbell-Castle.pdf-The facts in this case relate to Mr Campbell-Castle having an inappropriate relationship ./Prohibition_order_Mr_Edward_Campbell-Castle.pdf:with Child A. The details of the case involve sexually motivated behaviour and ./Prohibition_order_Mr_Edward_Campbell-Castle.pdf-dishonesty. The panel are satisfied that he did not set out to have a relationship with ./Prohibition_order_Mr_Edward_Campbell-Castle.pdf-someone under the age of 18. Mr Campbell-Castle allowed himself to be misled and was ./Prohibition_order_Mr_Edward_Campbell-Castle.pdf-too willing to trust Child A’s word regarding her age against increasingly convincing ./Prohibition_order_Mr_Edward_Campbell-Castle.pdf-evidence to the contrary. Nevertheless, the panel have determined that Mr Campbell- ./Prohibition_order_Mr_Edward_Campbell-Castle.pdf-Castle’s behaviour is incompatible with being a teacher. ./Prohibition_order_Mr_Edward_Campbell-Castle.pdf- ./Prohibition_order_Mr_Edward_Campbell-Castle.pdf-In view of the serious nature of Mr Campbell-Castle’s misconduct, the Panel is satisfied ./Prohibition_order_Mr_Edward_Campbell-Castle.pdf-that a Prohibition Order is necessary in the public interest in order to maintain public ./Prohibition_order_Mr_Edward_Campbell-Castle.pdf-confidence in the teaching profession and to declare and uphold proper standards of ./Prohibition_order_Mr_Edward_Campbell-Castle.pdf-conduct. I agree with their recommendation. ./Prohibition_Order_Mr_Felix_Magomo.pdf-The Panel recognised that none of the images transferred by Mr Magomo to an ./Prohibition_Order_Mr_Felix_Magomo.pdf-office computer were regarded by the police as indecent under the current criminal ./Prohibition_Order_Mr_Felix_Magomo.pdf-sentencing guidelines. However, given the nature of Mr Magomo’s work (in ./Prohibition_Order_Mr_Felix_Magomo.pdf-supporting young people) and the importance of maintaining professional trust, the ./Prohibition_Order_Mr_Felix_Magomo.pdf-Panel considered it was inappropriate for Mr Magomo to be in possession of such ./Prohibition_Order_Mr_Felix_Magomo.pdf-images in a professional setting even if it is outside the education environment. ./Prohibition_Order_Mr_Felix_Magomo.pdf- ./Prohibition_Order_Mr_Felix_Magomo.pdf-The Panel notes that the allegation took place when Mr Magomo was employed as a ./Prohibition_Order_Mr_Felix_Magomo.pdf-Waking Night Worker, however this role involved working with children and in doing ./Prohibition_Order_Mr_Felix_Magomo.pdf-so, Mr Magomo needed to apply appropriate professional standards. Bringing ./Prohibition_Order_Mr_Felix_Magomo.pdf:inappropriate material which is pornographic in nature into this setting is in breach of ./Prohibition_Order_Mr_Felix_Magomo.pdf-the Teachers’ Standards (as referred to above). Accordingly, the Panel is satisfied ./Prohibition_Order_Mr_Felix_Magomo.pdf-that Mr Magomo is guilty of unacceptable professional conduct. ./Prohibition_Order_Mr_Felix_Magomo.pdf- ./Prohibition_Order_Mr_Felix_Magomo.pdf- ./Prohibition_Order_Mr_Felix_Magomo.pdf- ./Prohibition_Order_Mr_Felix_Magomo.pdf- 10 ./Prohibition_Order_Mr_Felix_Magomo.pdf- ./Prohibition_order_Mr_Gary_Duggan.pdf- ./Prohibition_order_Mr_Gary_Duggan.pdf-The panel noted from the ex-partner’s signed statement to the police, dated 11 August ./Prohibition_order_Mr_Gary_Duggan.pdf-2012, that Mr Duggan and his ex-partner were previously involved in a relationship. ./Prohibition_order_Mr_Gary_Duggan.pdf-During that relationship, Mr Duggan and his ex-partner had a conversation about ./Prohibition_order_Mr_Gary_Duggan.pdf-Facebook and the ex-partner mentioned that she had an Acer laptop which she was ./Prohibition_order_Mr_Gary_Duggan.pdf-unable to use due to a broken keyboard. Mr Duggan’s ex-partner confirmed that Mr ./Prohibition_order_Mr_Gary_Duggan.pdf-Duggan offered to pass the laptop to a third party to repair and the ex-partner was ./Prohibition_order_Mr_Gary_Duggan.pdf-content for Mr Duggan to retain the laptop for his own use for as long as he wanted. ./Prohibition_order_Mr_Gary_Duggan.pdf-After the end of their relationship, Mr Duggan returned the laptop to his ex-partner on 9 ./Prohibition_order_Mr_Gary_Duggan.pdf-August 2012. Upon going through the “history” of the computer on 11 August 2012, the ./Prohibition_order_Mr_Gary_Duggan.pdf:ex-partner discovered an “initial frame of a video which she took to be pornography” and ./Prohibition_order_Mr_Gary_Duggan.pdf-which she indicates in her statement, was clearly of children. She checked the dates the ./Prohibition_order_Mr_Gary_Duggan.pdf-images were downloaded and it was on a date that she was not with Mr Duggan, which ./Prohibition_order_Mr_Gary_Duggan.pdf-she believes to be 28 July 2012. The ex-partner then reported the matter to the police on ./Prohibition_order_Mr_Gary_Duggan.pdf-the same date (11 August 2012). ./Prohibition_order_Mr_Gary_Duggan.pdf- ./Prohibition_order_Mr_Gary_Duggan.pdf-Witness A confirmed that a number of images were recovered from the Acer laptop: ./Prohibition_order_Mr_Gary_Duggan.pdf- ./Prohibition_order_Mr_Gary_Duggan.pdf-  9 movies (1 of which had been downloaded 3 times) and had file creation dates of ./Prohibition_order_Mr_Gary_Duggan.pdf- between 28 June 2012 and 6 August 2012. All movies would be classed as ./Prohibition_order_Mr_Gary_Duggan.pdf- indicative (that showed teenagers dancing and moving provocatively) apart from 2 ./Prohibition_order_Mr_Gary_Duggan.pdf- movies which show a nudism beauty pageant for under 18 year olds. Witness A ./Prohibition_order_Mr_Gary_Duggan.pdf- explained in his oral evidence that what would be considered mainstream adult ./Prohibition_order_Mr_Gary_Duggan.pdf: pornography relating to individuals aged 18 or more, is not usually classified as ./Prohibition_order_Mr_Gary_Duggan.pdf- “indicative” images. Indicative images could relate to individuals aged 16-18 ./Prohibition_order_Mr_Gary_Duggan.pdf- which essentially are not “illegal” images but may be considered to be ./Prohibition_order_Mr_Gary_Duggan.pdf: inappropriate. For example, these may be non-erotic and non-sexualised pictures ./Prohibition_order_Mr_Gary_Duggan.pdf- showing children in their underwear/swimming costumes from either commercial ./Prohibition_order_Mr_Gary_Duggan.pdf- sources or family albums; ./Prohibition_order_Mr_Gary_Duggan.pdf-  The following images were found in areas of the computer that a user would not ./Prohibition_order_Mr_Gary_Duggan.pdf- find accessible: ./Prohibition_order_Mr_Gary_Duggan.pdf- o 15 indicative images (showing young teens in scant clothing aged over 18 ./Prohibition_order_Mr_Gary_Duggan.pdf- or more); ./Prohibition_order_Mr_Gary_Duggan.pdf- o 10 small indecent images; ./Prohibition_order_Mr_Gary_Duggan.pdf- o 3 partial bestiality images; ./Prohibition_order_Mr_Gary_Duggan.pdf- o 8 teen header related images showing banner headers advertising teen ./Prohibition_order_Mr_Gary_Duggan.pdf- gallery websites; -- ./Prohibition_order_Mr_Gary_Duggan.pdf-The police interviews included in the bundle, confirm that on 14 August 2012, Mr ./Prohibition_order_Mr_Gary_Duggan.pdf-Duggan’s EEE PC Seashell netbook (“netbook”) was seized by the police and he was ./Prohibition_order_Mr_Gary_Duggan.pdf-arrested and interviewed. Subsequent forensic examination of that netbook by Witness ./Prohibition_order_Mr_Gary_Duggan.pdf-A revealed a number of images including: ./Prohibition_order_Mr_Gary_Duggan.pdf- ./Prohibition_order_Mr_Gary_Duggan.pdf:  4 level 1 images (Images depicting erotic posing with no sexual activity); ./Prohibition_order_Mr_Gary_Duggan.pdf-  63 nudism photos (Witness A indicated that nudism type photos are photos of ./Prohibition_order_Mr_Gary_Duggan.pdf- children in an obvious setting of a nudism camp, with nude adults also present); ./Prohibition_order_Mr_Gary_Duggan.pdf-  9 teen website banners; ./Prohibition_order_Mr_Gary_Duggan.pdf-  403 indicative “teen” images; ./Prohibition_order_Mr_Gary_Duggan.pdf-  Words typed into the search engine such as “teen art”, “teen nudism”, “find teen ./Prohibition_order_Mr_Gary_Duggan.pdf- bodies” and “panties”. ./Prohibition_order_Mr_Gary_Duggan.pdf-Witness A was able to determine that for some searches it was clear that someone had ./Prohibition_order_Mr_Gary_Duggan.pdf-deliberately typed search terms into the web browser. ./Prohibition_order_Mr_Gary_Duggan.pdf- ./Prohibition_order_Mr_Gary_Duggan.pdf-Witness A confirmed that as a result of his examination he is unable to place a particular ./Prohibition_order_Mr_Gavin_Strachan.pdf-B. Allegations ./Prohibition_order_Mr_Gavin_Strachan.pdf-The Panel considered the allegations set out in the Notice of Proceedings dated 29 ./Prohibition_order_Mr_Gavin_Strachan.pdf-September 2014. ./Prohibition_order_Mr_Gavin_Strachan.pdf- ./Prohibition_order_Mr_Gavin_Strachan.pdf-It was alleged that Mr Strachan was guilty of conduct that may bring the profession into ./Prohibition_order_Mr_Gavin_Strachan.pdf-disrepute, in that: ./Prohibition_order_Mr_Gavin_Strachan.pdf- ./Prohibition_order_Mr_Gavin_Strachan.pdf- 1. On 23 July 2013 he was cautioned for the criminal offence of indecently exposing ./Prohibition_order_Mr_Gavin_Strachan.pdf- himself to a 63 year old woman. He committed the offence on 14 July 2013; ./Prohibition_order_Mr_Gavin_Strachan.pdf- ./Prohibition_order_Mr_Gavin_Strachan.pdf: 2. and, in doing so, his conduct was sexually motivated. ./Prohibition_order_Mr_Gavin_Strachan.pdf- ./Prohibition_order_Mr_Gavin_Strachan.pdf-The Teacher has not admitted the allegations and has not admitted that they amount to ./Prohibition_order_Mr_Gavin_Strachan.pdf-conduct that may bring the profession into disrepute. ./Prohibition_order_Mr_Gavin_Strachan.pdf- ./Prohibition_order_Mr_Gavin_Strachan.pdf- ./Prohibition_order_Mr_Gavin_Strachan.pdf-C. Preliminary applications ./Prohibition_order_Mr_Gavin_Strachan.pdf-There was a preliminary application by the Presenting Officer to proceed in the absence ./Prohibition_order_Mr_Gavin_Strachan.pdf-of Mr Strachan. ./Prohibition_order_Mr_Gavin_Strachan.pdf- ./Prohibition_order_Mr_Gavin_Strachan.pdf-The Panel determined that the NCTL has complied with the service requirements of -- ./Prohibition_order_Mr_Gavin_Strachan.pdf-We have found the following particulars of the allegations against you proven, for these ./Prohibition_order_Mr_Gavin_Strachan.pdf-reasons: ./Prohibition_order_Mr_Gavin_Strachan.pdf- ./Prohibition_order_Mr_Gavin_Strachan.pdf-It was alleged that you are guilty of conduct that may bring the ./Prohibition_order_Mr_Gavin_Strachan.pdf-profession into disrepute, in that: ./Prohibition_order_Mr_Gavin_Strachan.pdf- ./Prohibition_order_Mr_Gavin_Strachan.pdf- 1. On 23 July 2013 you were cautioned for the criminal offence of ./Prohibition_order_Mr_Gavin_Strachan.pdf- indecently exposing yourself to a 63 year old woman. You ./Prohibition_order_Mr_Gavin_Strachan.pdf- committed the offence on 14 July 2013; ./Prohibition_order_Mr_Gavin_Strachan.pdf- ./Prohibition_order_Mr_Gavin_Strachan.pdf: 2. and, in doing so, your conduct was sexually motivated. ./Prohibition_order_Mr_Gavin_Strachan.pdf- ./Prohibition_order_Mr_Gavin_Strachan.pdf-The Panel considered the events which took place on 14 July 2013 and the witness ./Prohibition_order_Mr_Gavin_Strachan.pdf-statement of the victim at Pages 8-9 of the Hearing Bundle. The Panel accept the victim’s ./Prohibition_order_Mr_Gavin_Strachan.pdf-account of the events which took place. ./Prohibition_order_Mr_Gavin_Strachan.pdf- ./Prohibition_order_Mr_Gavin_Strachan.pdf-The Panel noted, in particular, the victim’s evidence that Mr Strachan was looking in her ./Prohibition_order_Mr_Gavin_Strachan.pdf-direction as she passed him and as he exposed himself to her. She observed that he ./Prohibition_order_Mr_Gavin_Strachan.pdf-continued to look at her after she had passed him and moved some 50 metres away. ./Prohibition_order_Mr_Gavin_Strachan.pdf- ./Prohibition_order_Mr_Gavin_Strachan.pdf-The victim’s events are supported by the evidence of a police caution (which is at Page ./Prohibition_order_Mr_Gavin_Strachan.pdf-11 of the Hearing Bundle) for the offence of Exposure contrary to the Sexual Offences ./Prohibition_order_Mr_Gavin_Strachan.pdf-Act 2003. The Panel noted that the caution was signed by Mr Strachan and he admitted ./Prohibition_order_Mr_Gavin_Strachan.pdf-to the conduct. In signing the police caution, Mr Strachan also confirmed that he ./Prohibition_order_Mr_Gavin_Strachan.pdf:understood that he may be placed on the sex offenders’ register. Whilst the Panel has ./Prohibition_order_Mr_Gavin_Strachan.pdf:seen no evidence that Mr Strachan is now on the sex offenders’ register, the fact that Mr ./Prohibition_order_Mr_Gavin_Strachan.pdf:Strachan agreed to the same is further evidence of the sexual motivation behind his ./Prohibition_order_Mr_Gavin_Strachan.pdf-conduct . ./Prohibition_order_Mr_Gavin_Strachan.pdf- ./Prohibition_order_Mr_Gavin_Strachan.pdf-The Panel considered the evidence of the victim, whilst accepting that it is hearsay ./Prohibition_order_Mr_Gavin_Strachan.pdf-evidence, that she was shocked and scared and no longer feels safe walking down the ./Prohibition_order_Mr_Gavin_Strachan.pdf-same path. ./Prohibition_order_Mr_Gavin_Strachan.pdf- ./Prohibition_order_Mr_Gavin_Strachan.pdf-The Panel therefore find the facts of the allegation to be proved. ./Prohibition_order_Mr_Gavin_Strachan.pdf- ./Prohibition_order_Mr_Gavin_Strachan.pdf-Findings as to conduct that may bring the profession into ./Prohibition_order_Mr_Gavin_Strachan.pdf-disrepute -- ./Prohibition_order_Mr_Gavin_Strachan.pdf- ./Prohibition_order_Mr_Gavin_Strachan.pdf- Teachers uphold public trust in the profession and maintain high standards of ethics ./Prohibition_order_Mr_Gavin_Strachan.pdf- and behaviour, within and outside school, by showing tolerance of and respect for the ./Prohibition_order_Mr_Gavin_Strachan.pdf- rights of others. ./Prohibition_order_Mr_Gavin_Strachan.pdf- ./Prohibition_order_Mr_Gavin_Strachan.pdf-The Panel is satisfied that the conduct of Mr Strachan fell significantly short of the ./Prohibition_order_Mr_Gavin_Strachan.pdf-standards expected of the profession. ./Prohibition_order_Mr_Gavin_Strachan.pdf- ./Prohibition_order_Mr_Gavin_Strachan.pdf-The Panel has also considered whether Mr Strachan’s conduct displayed behaviours ./Prohibition_order_Mr_Gavin_Strachan.pdf-associated with any of the offences listed on page 8 and 9 of the Guidance and we have ./Prohibition_order_Mr_Gavin_Strachan.pdf:found that the offence of sexual activity is relevant, given the Panel’s finding on the ./Prohibition_order_Mr_Gavin_Strachan.pdf:sexual motivation of Mr Strachan’s conduct. The Guidance indicates that where ./Prohibition_order_Mr_Gavin_Strachan.pdf-behaviours associated with such an offence exist, a Panel is likely to conclude that an ./Prohibition_order_Mr_Gavin_Strachan.pdf-individual’s conduct would amount to unacceptable professional conduct, and conduct ./Prohibition_order_Mr_Gavin_Strachan.pdf-which may bring the profession into disrepute is judged in a similar way. ./Prohibition_order_Mr_Gavin_Strachan.pdf- ./Prohibition_order_Mr_Gavin_Strachan.pdf-The panel has taken into account how the teaching profession is viewed by others and ./Prohibition_order_Mr_Gavin_Strachan.pdf-considered the influence that teachers may have on pupils, parents and others in the ./Prohibition_order_Mr_Gavin_Strachan.pdf-community. The Panel has taken account of the uniquely influential role that teachers ./Prohibition_order_Mr_Gavin_Strachan.pdf-can hold in pupil’s lives and that pupils must be able to view teachers as role models in ./Prohibition_order_Mr_Gavin_Strachan.pdf-the way they behave. ./Prohibition_order_Mr_Gavin_Strachan.pdf- ./Prohibition_order_Mr_Gavin_Strachan.pdf:The findings of misconduct are serious, involving sexual activity, and the conduct ./Prohibition_order_Mr_Gavin_Strachan.pdf-displayed is likely to have a negative impact on the individual’s status as a teacher, ./Prohibition_order_Mr_Gavin_Strachan.pdf-potentially damaging the public perception. ./Prohibition_order_Mr_Gavin_Strachan.pdf- ./Prohibition_order_Mr_Gavin_Strachan.pdf-The Panel therefore finds that Mr Strachan’s actions constitute conduct that may bring ./Prohibition_order_Mr_Gavin_Strachan.pdf-the profession into disrepute. ./Prohibition_order_Mr_Gavin_Strachan.pdf- ./Prohibition_order_Mr_Gavin_Strachan.pdf- ./Prohibition_order_Mr_Gavin_Strachan.pdf-Panel’s recommendation to the Secretary of State ./Prohibition_order_Mr_Gavin_Strachan.pdf-Given the Panel’s findings in respect of conduct that may bring the profession into ./Prohibition_order_Mr_Gavin_Strachan.pdf-disrepute, it is necessary for the Panel to go on to consider whether it would be -- ./Prohibition_order_Mr_Gavin_Strachan.pdf-number of them to be relevant in this case, namely the protection of pupils, the protection ./Prohibition_order_Mr_Gavin_Strachan.pdf-of other members of the public, the maintenance of public confidence in the profession ./Prohibition_order_Mr_Gavin_Strachan.pdf-and declaring and upholding proper standards of conduct. ./Prohibition_order_Mr_Gavin_Strachan.pdf- ./Prohibition_order_Mr_Gavin_Strachan.pdf-In light of the Panel’s findings against Mr Strachan, which involved findings that he had ./Prohibition_order_Mr_Gavin_Strachan.pdf:indecently exposed himself to a 63 year old woman and that his conduct was sexually ./Prohibition_order_Mr_Gavin_Strachan.pdf-motivated, there is a strong public interest consideration in the protection of pupils and ./Prohibition_order_Mr_Gavin_Strachan.pdf-the public. Similarly, the Panel considers that public confidence in the profession could ./Prohibition_order_Mr_Gavin_Strachan.pdf-be seriously weakened if conduct such as that found against Mr Strachan were not ./Prohibition_order_Mr_Gavin_Strachan.pdf-treated with the utmost seriousness when regulating the conduct of the profession. ./Prohibition_order_Mr_Gavin_Strachan.pdf- ./Prohibition_order_Mr_Gavin_Strachan.pdf-Notwithstanding the clear public interest considerations that were present, the Panel ./Prohibition_order_Mr_Gavin_Strachan.pdf-considered carefully whether or not it would be proportionate to impose a prohibition ./Prohibition_order_Mr_Gavin_Strachan.pdf-order taking into account the effect that this would have on Mr Strachan. ./Prohibition_order_Mr_Gavin_Strachan.pdf- ./Prohibition_order_Mr_Gavin_Strachan.pdf-In carrying out the balancing exercise the Panel has considered the public interest ./Prohibition_order_Mr_Gavin_Strachan.pdf-considerations both in favour of and against prohibition as well as the interests of Mr ./Prohibition_order_Mr_Gavin_Strachan.pdf-Strachan. The Panel took further account of the Guidance, which suggests that a ./Prohibition_order_Mr_Gavin_Strachan.pdf-prohibition order may be appropriate if certain behaviours of a teacher have been proven. ./Prohibition_order_Mr_Gavin_Strachan.pdf-In the list of such behaviours, those that are relevant in this case are: ./Prohibition_order_Mr_Gavin_Strachan.pdf- ./Prohibition_order_Mr_Gavin_Strachan.pdf-  serious departure from the personal and professional conduct elements of the ./Prohibition_order_Mr_Gavin_Strachan.pdf- teachers’ standards ./Prohibition_order_Mr_Gavin_Strachan.pdf-  misconduct seriously affecting the education and/or well being of pupils, and ./Prohibition_order_Mr_Gavin_Strachan.pdf- particularly where there is a continuing risk ./Prohibition_order_Mr_Gavin_Strachan.pdf:  sexual misconduct, e.g. involving actions that were sexually motivated or of a ./Prohibition_order_Mr_Gavin_Strachan.pdf: sexual nature and/or that use or exploit the trust, knowledge or influence derived ./Prohibition_order_Mr_Gavin_Strachan.pdf- from the individual’s professional position. ./Prohibition_order_Mr_Gavin_Strachan.pdf- Even though there were behaviours that would point to a prohibition order being ./Prohibition_order_Mr_Gavin_Strachan.pdf- appropriate, the Panel went on to consider whether or not there were sufficient ./Prohibition_order_Mr_Gavin_Strachan.pdf- mitigating factors to militate against a prohibition order being an appropriate and ./Prohibition_order_Mr_Gavin_Strachan.pdf- proportionate measure to impose, particularly taking into account the nature and ./Prohibition_order_Mr_Gavin_Strachan.pdf- severity of the behaviour in this case. In light of the Panel’s findings, there was no ./Prohibition_order_Mr_Gavin_Strachan.pdf- evidence that Mr Strachan’s actions were not deliberate and there was no evidence to ./Prohibition_order_Mr_Gavin_Strachan.pdf- suggest that he was acting under duress. In fact, the Panel found the teacher’s ./Prohibition_order_Mr_Gavin_Strachan.pdf: actions to be calculated and sexually motivated. Mr Strachan has not provided the ./Prohibition_order_Mr_Gavin_Strachan.pdf- Panel with any evidence that he is of previously good character. ./Prohibition_order_Mr_Gavin_Strachan.pdf- ./Prohibition_order_Mr_Gavin_Strachan.pdf-The Panel is of the view that prohibition is both proportionate and appropriate. We have ./Prohibition_order_Mr_Gavin_Strachan.pdf-decided that the public interest considerations outweigh the interests of Mr Strachan. The ./Prohibition_order_Mr_Gavin_Strachan.pdf:sexual motivation in Mr Strachan’s conduct is of concern to the Panel and the Panel ./Prohibition_order_Mr_Gavin_Strachan.pdf-considers there is a serious risk of potential harm to pupils and the public. The Panel has ./Prohibition_order_Mr_Gavin_Strachan.pdf-also taken into account the evidence before it from the police investigation that the ./Prohibition_order_Mr_Gavin_Strachan.pdf-incident which is the subject of these allegations is possibly not the only occasion when ./Prohibition_order_Mr_Gavin_Strachan.pdf- ./Prohibition_order_Mr_Gavin_Strachan.pdf- 9 ./Prohibition_order_Mr_Gavin_Strachan.pdf- -- ./Prohibition_order_Mr_Gavin_Strachan.pdf- ./Prohibition_order_Mr_Gavin_Strachan.pdf-The Panel went on to consider whether or not it would appropriate for it to decide to ./Prohibition_order_Mr_Gavin_Strachan.pdf-recommend that a review period of the order should be considered. The Panel was ./Prohibition_order_Mr_Gavin_Strachan.pdf-mindful that the Teacher Misconduct – Prohibition of Teachers Advice advises that a ./Prohibition_order_Mr_Gavin_Strachan.pdf-prohibition order applies for life, but there may be circumstances in any given case that ./Prohibition_order_Mr_Gavin_Strachan.pdf-may make it appropriate to allow a teacher to apply to have the prohibition order ./Prohibition_order_Mr_Gavin_Strachan.pdf-reviewed after a specified period of time that may not be less than two years. ./Prohibition_order_Mr_Gavin_Strachan.pdf- ./Prohibition_order_Mr_Gavin_Strachan.pdf-The Teacher Misconduct – Prohibition of Teachers Advice indicates that there are ./Prohibition_order_Mr_Gavin_Strachan.pdf-behaviours that, if proven, would militate against a review period being recommended. ./Prohibition_order_Mr_Gavin_Strachan.pdf:One of these behaviours includes serious sexual misconduct, e.g. where the act was ./Prohibition_order_Mr_Gavin_Strachan.pdf:sexually motivated and resulted in or had the potential to result in, harm to a person or ./Prohibition_order_Mr_Gavin_Strachan.pdf:persons. The Panel has found that Mr Strachan has been responsible for serious sexual ./Prohibition_order_Mr_Gavin_Strachan.pdf-misconduct which caused harm to his victim as set out in her witness statement. Mr ./Prohibition_order_Mr_Gavin_Strachan.pdf-Strachan accepted a police caution for his behaviour and thereby admitted to the ./Prohibition_order_Mr_Gavin_Strachan.pdf-conduct. The Panel has seen no evidence that Mr Strachan has shown any remorse or ./Prohibition_order_Mr_Gavin_Strachan.pdf-insight into his actions. ./Prohibition_order_Mr_Gavin_Strachan.pdf- ./Prohibition_order_Mr_Gavin_Strachan.pdf-The Panel felt the findings indicated a situation in which a review period would not be ./Prohibition_order_Mr_Gavin_Strachan.pdf-appropriate and as such decided that it would be proportionate in all the circumstances ./Prohibition_order_Mr_Gavin_Strachan.pdf-for the prohibition order to be recommended without provision for a review period. ./Prohibition_order_Mr_Gavin_Strachan.pdf- ./Prohibition_order_Mr_Gavin_Strachan.pdf- ./Prohibition_order_Mr_Gavin_Strachan.pdf-Decision and reasons on behalf of the Secretary of ./Prohibition_order_Mr_Gavin_Strachan.pdf-State ./Prohibition_order_Mr_Gavin_Strachan.pdf-I have given careful consideration to the findings and recommendations of the panel in ./Prohibition_order_Mr_Gavin_Strachan.pdf-this case. ./Prohibition_order_Mr_Gavin_Strachan.pdf- ./Prohibition_order_Mr_Gavin_Strachan.pdf-The panel have found the allegations proven and have determined that those facts ./Prohibition_order_Mr_Gavin_Strachan.pdf-amount to conduct that may bring the profession into disrepute. ./Prohibition_order_Mr_Gavin_Strachan.pdf- ./Prohibition_order_Mr_Gavin_Strachan.pdf-Mr Strachan’s behaviour involved receiving a caution for indecent exposure and the ./Prohibition_order_Mr_Gavin_Strachan.pdf:panel have judged his behaviour to be sexually motivated. ./Prohibition_order_Mr_Gavin_Strachan.pdf- ./Prohibition_order_Mr_Gavin_Strachan.pdf-They have considered the interests of both the public and the teacher. Having found a ./Prohibition_order_Mr_Gavin_Strachan.pdf-number of public interest considerations to be relevant to this case they went on to ./Prohibition_order_Mr_Gavin_Strachan.pdf-consider the interests of Mr Strachan. They found no evidence that Mr Strachan’s actions ./Prohibition_order_Mr_Gavin_Strachan.pdf-were not deliberate and there was no evidence to suggest that he was acting under ./Prohibition_order_Mr_Gavin_Strachan.pdf:duress. In fact, the Panel found the teacher’s actions to be calculated and sexually ./Prohibition_order_Mr_Gavin_Strachan.pdf-motivated. Mr Strachan has not provided the Panel with any evidence that he is of ./Prohibition_order_Mr_Gavin_Strachan.pdf- ./Prohibition_order_Mr_Gavin_Strachan.pdf- ./Prohibition_order_Mr_Gavin_Strachan.pdf- 10 ./Prohibition_order_Mr_Gavin_Strachan.pdf- -- ./Prohibition_order_Mr_Gavin_Strachan.pdf-previously good character. In the circumstances I agree with the panel’s ./Prohibition_order_Mr_Gavin_Strachan.pdf-recommendation that a prohibition order is an appropriate and proportionate sanction. ./Prohibition_order_Mr_Gavin_Strachan.pdf- ./Prohibition_order_Mr_Gavin_Strachan.pdf-In deciding whether to recommend a review period the panel have referenced the ./Prohibition_order_Mr_Gavin_Strachan.pdf-Secretary of State’s advice ‘Teacher misconduct: the prohibition of teachers’. The advice ./Prohibition_order_Mr_Gavin_Strachan.pdf-indicates that there are behaviours that, if proven, would militate against a review period ./Prohibition_order_Mr_Gavin_Strachan.pdf:being recommended. One of these behaviours includes serious sexual misconduct, e.g. ./Prohibition_order_Mr_Gavin_Strachan.pdf:where the act was sexually motivated and resulted in or had the potential to result in, ./Prohibition_order_Mr_Gavin_Strachan.pdf-harm to a person or persons. The Panel has found that Mr Strachan has been ./Prohibition_order_Mr_Gavin_Strachan.pdf:responsible for serious sexual misconduct which caused harm to his victim as set out in ./Prohibition_order_Mr_Gavin_Strachan.pdf-her witness statement and has seen no evidence that Mr Strachan has shown any ./Prohibition_order_Mr_Gavin_Strachan.pdf-remorse or insight into his actions. ./Prohibition_order_Mr_Gavin_Strachan.pdf- ./Prohibition_order_Mr_Gavin_Strachan.pdf-I agree that the order should be without the provision for an application to have it set ./Prohibition_order_Mr_Gavin_Strachan.pdf-aside. ./Prohibition_order_Mr_Gavin_Strachan.pdf- ./Prohibition_order_Mr_Gavin_Strachan.pdf-This means that Mr Gavin Strachan is prohibited from teaching indefinitely and ./Prohibition_order_Mr_Gavin_Strachan.pdf-cannot teach in any school, sixth form college, relevant youth accommodation or ./Prohibition_order_Mr_Gavin_Strachan.pdf-children’s home in England. Furthermore, in view of the seriousness of the allegations ./Prohibition_order_Mr_Gavin_Strachan.pdf-found proved against him, I have decided that Mr Gavin Strachan shall not be entitled to ./Prohibition_Order_Mr_Graham_Driscoll.pdf-Teacher: Mr Graham Driscoll ./Prohibition_Order_Mr_Graham_Driscoll.pdf- ./Prohibition_Order_Mr_Graham_Driscoll.pdf-Teacher ref no: 0503248 ./Prohibition_Order_Mr_Graham_Driscoll.pdf- ./Prohibition_Order_Mr_Graham_Driscoll.pdf-Teacher date of birth: 12th July 1985 ./Prohibition_Order_Mr_Graham_Driscoll.pdf- ./Prohibition_Order_Mr_Graham_Driscoll.pdf-NCTL Case ref no: 9521 ./Prohibition_Order_Mr_Graham_Driscoll.pdf- ./Prohibition_Order_Mr_Graham_Driscoll.pdf-Date of Determination: 17th May 2013 ./Prohibition_Order_Mr_Graham_Driscoll.pdf- ./Prohibition_Order_Mr_Graham_Driscoll.pdf:Former Employer: William de Ferrers School, Essex ./Prohibition_Order_Mr_Graham_Driscoll.pdf- ./Prohibition_Order_Mr_Graham_Driscoll.pdf-A. Introduction ./Prohibition_Order_Mr_Graham_Driscoll.pdf- ./Prohibition_Order_Mr_Graham_Driscoll.pdf-A Professional Conduct Panel (“the Panel”) of the National College for Teaching and ./Prohibition_Order_Mr_Graham_Driscoll.pdf-Leadership convened on 17th May 2013 at 53-55 Butts Road, Earlsdon Park, ./Prohibition_Order_Mr_Graham_Driscoll.pdf-Coventry, CV1 3BH to consider the case of Mr Graham Driscoll. ./Prohibition_Order_Mr_Graham_Driscoll.pdf- ./Prohibition_Order_Mr_Graham_Driscoll.pdf-The Panel members were Mr Peter Cooper, Teacher Panellist – in the Chair, Ms ./Prohibition_Order_Mr_Graham_Driscoll.pdf-Sharon Gimson, Lay Panellist and Mr Phillip Riggon, Teacher Panellist. ./Prohibition_Order_Mr_Graham_Driscoll.pdf- -- ./Prohibition_Order_Mr_Graham_Driscoll.pdf-was not recorded. ./Prohibition_Order_Mr_Graham_Driscoll.pdf- ./Prohibition_Order_Mr_Graham_Driscoll.pdf-B. Allegations ./Prohibition_Order_Mr_Graham_Driscoll.pdf- ./Prohibition_Order_Mr_Graham_Driscoll.pdf-The Panel considered the allegation set out in the Notice of Meeting dated 23rd April ./Prohibition_Order_Mr_Graham_Driscoll.pdf-2013. ./Prohibition_Order_Mr_Graham_Driscoll.pdf- ./Prohibition_Order_Mr_Graham_Driscoll.pdf-It was alleged that Mr Graham Driscoll was guilty of unacceptable professional ./Prohibition_Order_Mr_Graham_Driscoll.pdf-conduct and / or conduct that may bring the profession into disrepute in that: ./Prohibition_Order_Mr_Graham_Driscoll.pdf- ./Prohibition_Order_Mr_Graham_Driscoll.pdf:Whilst employed at William de Ferrers School, Essex, he ./Prohibition_Order_Mr_Graham_Driscoll.pdf- ./Prohibition_Order_Mr_Graham_Driscoll.pdf- 1. Behaved in an inappropriate manner towards female students between 2005 ./Prohibition_Order_Mr_Graham_Driscoll.pdf- and 2012, including that he: ./Prohibition_Order_Mr_Graham_Driscoll.pdf- ./Prohibition_Order_Mr_Graham_Driscoll.pdf- a. Failed to maintain appropriate professional boundaries with Student A ./Prohibition_Order_Mr_Graham_Driscoll.pdf- between the academic year 2003 / 2004 and March 2006, including ./Prohibition_Order_Mr_Graham_Driscoll.pdf- that he engaged in inappropriate communication with her by way of text ./Prohibition_Order_Mr_Graham_Driscoll.pdf- and email; ./Prohibition_Order_Mr_Graham_Driscoll.pdf- -- ./Prohibition_Order_Mr_Graham_Driscoll.pdf- 2 ./Prohibition_Order_Mr_Graham_Driscoll.pdf- ./Prohibition_Order_Mr_Graham_Driscoll.pdf- ./Prohibition_Order_Mr_Graham_Driscoll.pdf- b. Failed to maintain appropriate professional boundaries with Student C ./Prohibition_Order_Mr_Graham_Driscoll.pdf- during the 2011 academic year, including that he: ./Prohibition_Order_Mr_Graham_Driscoll.pdf- ./Prohibition_Order_Mr_Graham_Driscoll.pdf- i. Exchanged text messages with her; ./Prohibition_Order_Mr_Graham_Driscoll.pdf- ii. Gave cigarettes to her; ./Prohibition_Order_Mr_Graham_Driscoll.pdf- iii. Made inappropriate comments to her, including comments of a ./Prohibition_Order_Mr_Graham_Driscoll.pdf: sexual nature; ./Prohibition_Order_Mr_Graham_Driscoll.pdf- ./Prohibition_Order_Mr_Graham_Driscoll.pdf- c. Failed to maintain appropriate professional boundaries with Student D ./Prohibition_Order_Mr_Graham_Driscoll.pdf- between January 2012 and April 2012 in that he: ./Prohibition_Order_Mr_Graham_Driscoll.pdf- ./Prohibition_Order_Mr_Graham_Driscoll.pdf- i. Exchanged text messages with her; ./Prohibition_Order_Mr_Graham_Driscoll.pdf- ii. Offered to buy her cigarettes and alcohol; ./Prohibition_Order_Mr_Graham_Driscoll.pdf- iii. Asked her to save his mobile phone number under a different ./Prohibition_Order_Mr_Graham_Driscoll.pdf- name in case somebody looked at her phone; ./Prohibition_Order_Mr_Graham_Driscoll.pdf- iv. Made inappropriate comments to her. ./Prohibition_Order_Mr_Graham_Driscoll.pdf- -- ./Prohibition_Order_Mr_Graham_Driscoll.pdf-Letter from Mr Driscoll 24th Sept. 2013 Page 233 ./Prohibition_Order_Mr_Graham_Driscoll.pdf- ./Prohibition_Order_Mr_Graham_Driscoll.pdf-The Panel Members confirmed that they had read all of the documents in advance of ./Prohibition_Order_Mr_Graham_Driscoll.pdf-the hearing. ./Prohibition_Order_Mr_Graham_Driscoll.pdf- ./Prohibition_Order_Mr_Graham_Driscoll.pdf-Brief summary of the evidence ./Prohibition_Order_Mr_Graham_Driscoll.pdf- ./Prohibition_Order_Mr_Graham_Driscoll.pdf-Please note that this is intended to be a summary – it does not reflect the complete ./Prohibition_Order_Mr_Graham_Driscoll.pdf-evidence. ./Prohibition_Order_Mr_Graham_Driscoll.pdf- ./Prohibition_Order_Mr_Graham_Driscoll.pdf:Mr Driscoll was employed at William de Ferrers School, Essex from September 1997 ./Prohibition_Order_Mr_Graham_Driscoll.pdf-to 14th May 2012. ./Prohibition_Order_Mr_Graham_Driscoll.pdf- ./Prohibition_Order_Mr_Graham_Driscoll.pdf-The case concerned a number of allegations relating to his behaviour towards ./Prohibition_Order_Mr_Graham_Driscoll.pdf-female students in his care between 2006 and 2012. ./Prohibition_Order_Mr_Graham_Driscoll.pdf- ./Prohibition_Order_Mr_Graham_Driscoll.pdf-So far as Student A was concerned, she had required additional support when ./Prohibition_Order_Mr_Graham_Driscoll.pdf-undergoing personal difficulties in Year 11. This resulted in Mr Driscoll exchanging ./Prohibition_Order_Mr_Graham_Driscoll.pdf-texts and emails with her which continued in Year 12 and were of an inappropriate ./Prohibition_Order_Mr_Graham_Driscoll.pdf-nature. When interviewed at the school by the Senior HR Consultant, Mr Driscoll ./Prohibition_Order_Mr_Graham_Driscoll.pdf-admitted that he had behaved as alleged by Student A, and he signed an agreement -- ./Prohibition_Order_Mr_Graham_Driscoll.pdf- ./Prohibition_Order_Mr_Graham_Driscoll.pdf-E. Decision and Reasons ./Prohibition_Order_Mr_Graham_Driscoll.pdf- ./Prohibition_Order_Mr_Graham_Driscoll.pdf-Findings of fact ./Prohibition_Order_Mr_Graham_Driscoll.pdf- ./Prohibition_Order_Mr_Graham_Driscoll.pdf-Our findings of fact are as follows: ./Prohibition_Order_Mr_Graham_Driscoll.pdf- ./Prohibition_Order_Mr_Graham_Driscoll.pdf-We have found the following particulars of the allegation against Mr Graham Driscoll ./Prohibition_Order_Mr_Graham_Driscoll.pdf-proven, for these reasons: ./Prohibition_Order_Mr_Graham_Driscoll.pdf- ./Prohibition_Order_Mr_Graham_Driscoll.pdf:Whilst employed at William de Ferrers School, Essex, he ./Prohibition_Order_Mr_Graham_Driscoll.pdf- ./Prohibition_Order_Mr_Graham_Driscoll.pdf- 1. Behaved in an inappropriate manner towards female students between 2005 ./Prohibition_Order_Mr_Graham_Driscoll.pdf- and 2012, including that he: ./Prohibition_Order_Mr_Graham_Driscoll.pdf- ./Prohibition_Order_Mr_Graham_Driscoll.pdf- a. Failed to maintain appropriate professional boundaries with Student A ./Prohibition_Order_Mr_Graham_Driscoll.pdf- between the academic year 2003 / 2004 and March 2006, including ./Prohibition_Order_Mr_Graham_Driscoll.pdf- that he engaged in inappropriate communication with her by way of text ./Prohibition_Order_Mr_Graham_Driscoll.pdf- and email; ./Prohibition_Order_Mr_Graham_Driscoll.pdf- ./Prohibition_Order_Mr_Graham_Driscoll.pdf- b. Failed to maintain appropriate professional boundaries with Student C ./Prohibition_Order_Mr_Graham_Driscoll.pdf- during the 2011 academic year, including that he: ./Prohibition_Order_Mr_Graham_Driscoll.pdf- ./Prohibition_Order_Mr_Graham_Driscoll.pdf- i. Exchanged text messages with her; ./Prohibition_Order_Mr_Graham_Driscoll.pdf- ii. Gave cigarettes to her; ./Prohibition_Order_Mr_Graham_Driscoll.pdf- iii. Made inappropriate comments to her, including comments of a ./Prohibition_Order_Mr_Graham_Driscoll.pdf: sexual nature; ./Prohibition_Order_Mr_Graham_Driscoll.pdf- ./Prohibition_Order_Mr_Graham_Driscoll.pdf- c. Failed to maintain appropriate professional boundaries with Student D ./Prohibition_Order_Mr_Graham_Driscoll.pdf- between January 2012 and April 2012 in that he: ./Prohibition_Order_Mr_Graham_Driscoll.pdf- ./Prohibition_Order_Mr_Graham_Driscoll.pdf- i. Exchanged text messages with her; ./Prohibition_Order_Mr_Graham_Driscoll.pdf- ii. Offered to buy her cigarettes and alcohol; ./Prohibition_Order_Mr_Graham_Driscoll.pdf- iii. Asked her to save his mobile phone number under a different ./Prohibition_Order_Mr_Graham_Driscoll.pdf- name in case somebody looked at her phone; ./Prohibition_Order_Mr_Graham_Driscoll.pdf- iv. Made inappropriate comments to her. ./Prohibition_Order_Mr_Graham_Driscoll.pdf- ./Prohibition_order_Mr_Graham_Smart.pdf- ii. “what would you do if he raped you?” or words to that effect, ./Prohibition_order_Mr_Graham_Smart.pdf- ./Prohibition_order_Mr_Graham_Smart.pdf: iii. “have you ever been sexually abused by an adult?” or words to that ./Prohibition_order_Mr_Graham_Smart.pdf- effect, ./Prohibition_order_Mr_Graham_Smart.pdf- ./Prohibition_order_Mr_Graham_Smart.pdf- iv. that she “should never be alone with her boyfriend” or words to that ./Prohibition_order_Mr_Graham_Smart.pdf- effect, ./Prohibition_order_Mr_Graham_Smart.pdf- ./Prohibition_order_Mr_Graham_Smart.pdf- b. on a date unknown in March 2013, he told Pupil B to put her leg up on a ./Prohibition_order_Mr_Graham_Smart.pdf- chair and thereafter tied Pupil B’s shoe lace, ./Prohibition_order_Mr_Graham_Smart.pdf- ./Prohibition_order_Mr_Graham_Smart.pdf- c. on a date unknown during Autumn term 2013, whilst Pupil B was ./Prohibition_order_Mr_Graham_Smart.pdf- unwrapping a lollipop, he said “you look experienced at that” or words to ./Prohibition_order_Mr_Graham_Smart.pdf- that effect, ./Prohibition_order_Mr_Graham_Smart.pdf- ./Prohibition_order_Mr_Graham_Smart.pdf: d. his comments set out at 2(c) above was a sexual innuendo; ./Prohibition_order_Mr_Graham_Smart.pdf- ./Prohibition_order_Mr_Graham_Smart.pdf-3. In relation to Pupil C: ./Prohibition_order_Mr_Graham_Smart.pdf- ./Prohibition_order_Mr_Graham_Smart.pdf- a. on 7 and/or 14 November 2012, despite having no pastoral role in the ./Prohibition_order_Mr_Graham_Smart.pdf- school at that time, he: ./Prohibition_order_Mr_Graham_Smart.pdf- ./Prohibition_order_Mr_Graham_Smart.pdf- i. asked Pupil C questions about a distressing incident which had ./Prohibition_order_Mr_Graham_Smart.pdf- occurred at her previous school, ./Prohibition_order_Mr_Graham_Smart.pdf- ./Prohibition_order_Mr_Graham_Smart.pdf- ii. told Pupil C that he knew everything about the incident which had -- ./Prohibition_order_Mr_Graham_Smart.pdf- b. met Pupil A and D in Newport, ./Prohibition_order_Mr_Graham_Smart.pdf- ./Prohibition_order_Mr_Graham_Smart.pdf- c. gave Pupils A and D sweets from his car, ./Prohibition_order_Mr_Graham_Smart.pdf- ./Prohibition_order_Mr_Graham_Smart.pdf- d. used sweets to make shapes of genitalia, ./Prohibition_order_Mr_Graham_Smart.pdf- ./Prohibition_order_Mr_Graham_Smart.pdf- e. used inappropriate language in the presence of the pupils including: ./Prohibition_order_Mr_Graham_Smart.pdf- ./Prohibition_order_Mr_Graham_Smart.pdf: i. making sexual reference to the effect that X: ./Prohibition_order_Mr_Graham_Smart.pdf- ./Prohibition_order_Mr_Graham_Smart.pdf- a. places sweets on her breasts and/or created shapes of ./Prohibition_order_Mr_Graham_Smart.pdf- genitalia with them, ./Prohibition_order_Mr_Graham_Smart.pdf- ./Prohibition_order_Mr_Graham_Smart.pdf- b. asked him to spank her, ./Prohibition_order_Mr_Graham_Smart.pdf- ./Prohibition_order_Mr_Graham_Smart.pdf- ii. using words not in an educational context including paedophile; ./Prohibition_order_Mr_Graham_Smart.pdf- ./Prohibition_order_Mr_Graham_Smart.pdf- 6. He deliberately ignored management instructions not to involve himself in matters ./Prohibition_order_Mr_Graham_Smart.pdf- of pupil pastoral care; ./Prohibition_order_Mr_Graham_Smart.pdf- ./Prohibition_order_Mr_Graham_Smart.pdf- 7. His conduct as set out at 2(a) and/or 2(b) and/or 2(c) and/or 5(d) and/or 5(e) ./Prohibition_order_Mr_Graham_Smart.pdf: above was sexually motivated. ./Prohibition_order_Mr_Graham_Smart.pdf- ./Prohibition_order_Mr_Graham_Smart.pdf- ./Prohibition_order_Mr_Graham_Smart.pdf-C. Preliminary applications ./Prohibition_order_Mr_Graham_Smart.pdf-Application to amend allegations ./Prohibition_order_Mr_Graham_Smart.pdf- ./Prohibition_order_Mr_Graham_Smart.pdf-At the hearing on 19 May 2015, the presenting officer made an application for the ./Prohibition_order_Mr_Graham_Smart.pdf-particulars of the allegations to be amended as follows: ./Prohibition_order_Mr_Graham_Smart.pdf- ./Prohibition_order_Mr_Graham_Smart.pdf-Paragraph 7 – the text “7.” be added at the beginning of the paragraph, as due to a ./Prohibition_order_Mr_Graham_Smart.pdf-typographical error, the number of the allegation was removed. ./Prohibition_order_Mr_Graham_Smart.pdf- ./Prohibition_order_Mr_Graham_Smart.pdf-Paragraph 7 – the words “and/or” be added between each allegation outlined in the ./Prohibition_order_Mr_Graham_Smart.pdf-paragraph, to provide clarity that the panel must find, in the case of each allegation ./Prohibition_order_Mr_Graham_Smart.pdf:referenced, that the conduct was sexually motivated. ./Prohibition_order_Mr_Graham_Smart.pdf- ./Prohibition_order_Mr_Graham_Smart.pdf-The teacher’s representative did not object to the amendments. ./Prohibition_order_Mr_Graham_Smart.pdf- ./Prohibition_order_Mr_Graham_Smart.pdf-Subsequently, the teacher’s representative made an application for the particulars of the ./Prohibition_order_Mr_Graham_Smart.pdf-allegations to be amended as follows: ./Prohibition_order_Mr_Graham_Smart.pdf- ./Prohibition_order_Mr_Graham_Smart.pdf-Paragraph 5e(i) – references to the individual named be deleted and replaced with the ./Prohibition_order_Mr_Graham_Smart.pdf-word “X” as the individual is a minor and falls within the criteria of a vulnerable witness as ./Prohibition_order_Mr_Graham_Smart.pdf-outlined in paragraph 4.71 of the Procedures. Furthermore, the individual would be easily ./Prohibition_order_Mr_Graham_Smart.pdf-identified unless the reference is amended. -- ./Prohibition_order_Mr_Graham_Smart.pdf-2a. In relation to Pupil B you: on a date unknown during the Autumn term 2012 ./Prohibition_order_Mr_Graham_Smart.pdf- said to Pupil B: ./Prohibition_order_Mr_Graham_Smart.pdf- ./Prohibition_order_Mr_Graham_Smart.pdf- i. has your boyfriend raped you?” or words to that effect, ./Prohibition_order_Mr_Graham_Smart.pdf- ./Prohibition_order_Mr_Graham_Smart.pdf- ii. “what would you do if he raped you?” or words to that effect, ./Prohibition_order_Mr_Graham_Smart.pdf- ./Prohibition_order_Mr_Graham_Smart.pdf: iii. “have you ever been sexually abused by an adult?” or words to ./Prohibition_order_Mr_Graham_Smart.pdf- that effect, ./Prohibition_order_Mr_Graham_Smart.pdf- ./Prohibition_order_Mr_Graham_Smart.pdf- iv. that she “should never be alone with her boyfriend” or words to ./Prohibition_order_Mr_Graham_Smart.pdf- that effect, ./Prohibition_order_Mr_Graham_Smart.pdf- ./Prohibition_order_Mr_Graham_Smart.pdf-The panel considered the contemporaneous note taken by Witness A when Pupil A and ./Prohibition_order_Mr_Graham_Smart.pdf-Pupil B first made the disclosures (“the Note”) which refer to the incident and specifically ./Prohibition_order_Mr_Graham_Smart.pdf-outline the allegations at Particular 2(a)(i)-(iii) (pages 57a - 57bii). Witness A, who took ./Prohibition_order_Mr_Graham_Smart.pdf-the Note, confirmed in oral evidence that the Note was an accurate record of the words ./Prohibition_order_Mr_Graham_Smart.pdf-used by Pupil A and Pupil B. She explained that the Note was read aloud to the pupils, -- ./Prohibition_order_Mr_Graham_Smart.pdf-parked. ./Prohibition_order_Mr_Graham_Smart.pdf- ./Prohibition_order_Mr_Graham_Smart.pdf-The panel found the oral evidence of Pupil D to be credible, cogent, honest and ./Prohibition_order_Mr_Graham_Smart.pdf-consistent. The evidence did not appear to be exaggerated in any way. Indeed, Mr ./Prohibition_order_Mr_Graham_Smart.pdf-Smart, in his oral evidence, could not provide a motive for Pupil D concocting such a ./Prohibition_order_Mr_Graham_Smart.pdf-story. The panel therefore prefer the evidence of Pupil A and Pupil D. Having regard to ./Prohibition_order_Mr_Graham_Smart.pdf-the teacher/pupil relationship, the panel concluded that these actions were inappropriate ./Prohibition_order_Mr_Graham_Smart.pdf-and consequently find the allegation proven. ./Prohibition_order_Mr_Graham_Smart.pdf- ./Prohibition_order_Mr_Graham_Smart.pdf-5e(i). Used inappropriate language in the presence of the pupils including: making ./Prohibition_order_Mr_Graham_Smart.pdf: sexual reference to the effect that X: ./Prohibition_order_Mr_Graham_Smart.pdf- ./Prohibition_order_Mr_Graham_Smart.pdf- a. placed sweets on her breasts and/or created shapes of genitalia with ./Prohibition_order_Mr_Graham_Smart.pdf- them, ./Prohibition_order_Mr_Graham_Smart.pdf- ./Prohibition_order_Mr_Graham_Smart.pdf- ./Prohibition_order_Mr_Graham_Smart.pdf- 16 ./Prohibition_order_Mr_Graham_Smart.pdf- -- ./Prohibition_order_Mr_Graham_Smart.pdf-paedophile was commonplace language amongst the students”. However, he stated “I ./Prohibition_order_Mr_Graham_Smart.pdf-have never referred to paedophiles, sexual references” (page 80). In his oral evidence, ./Prohibition_order_Mr_Graham_Smart.pdf-Mr Smart explained that it is the pupils who use language such as “paedophile” and he ./Prohibition_order_Mr_Graham_Smart.pdf-may have used that word when responding to a query raised by them. However, he ./Prohibition_order_Mr_Graham_Smart.pdf-denied using any other words or making sexual references. ./Prohibition_order_Mr_Graham_Smart.pdf- ./Prohibition_order_Mr_Graham_Smart.pdf-The panel considered the email dated 16 November 2012 from the Principal to Mr Smart, ./Prohibition_order_Mr_Graham_Smart.pdf-following their discussion in connection with the allegations at Particular 3. The email ./Prohibition_order_Mr_Graham_Smart.pdf-seeks to “confirm the substance of our discussions” and at bullet 5 records “All use of ./Prohibition_order_Mr_Graham_Smart.pdf-word with a sexual connection or connotation – recent examples include “knickers” ./Prohibition_order_Mr_Graham_Smart.pdf:“internet porn” “paedophiles” – are never to be used in front of children or within their ./Prohibition_order_Mr_Graham_Smart.pdf-hearing” (page 47). Mr Smart replied to this email stating “Received and read” (page 47). ./Prohibition_order_Mr_Graham_Smart.pdf-In later correspondence, it is noted that Mr Smart does not seek to refute these ./Prohibition_order_Mr_Graham_Smart.pdf-allegations. This is corroborated by both the written evidence of the Principal noting that ./Prohibition_order_Mr_Graham_Smart.pdf:following the verbal warning it was “agreed that no words with a sexual connotation ./Prohibition_order_Mr_Graham_Smart.pdf-should be used in front of pupils” (page 29) and the oral evidence of the Principal. The ./Prohibition_order_Mr_Graham_Smart.pdf-evidence of Pupil B was also considered (page 23). ./Prohibition_order_Mr_Graham_Smart.pdf- ./Prohibition_order_Mr_Graham_Smart.pdf-On the basis of the wording of the allegation as set out in Particular 5e(ii) of the Notice of ./Prohibition_order_Mr_Graham_Smart.pdf-Proceedings, the panel find this allegation proven. ./Prohibition_order_Mr_Graham_Smart.pdf- ./Prohibition_order_Mr_Graham_Smart.pdf- ./Prohibition_order_Mr_Graham_Smart.pdf- 17 ./Prohibition_order_Mr_Graham_Smart.pdf- -- ./Prohibition_order_Mr_Graham_Smart.pdf-6. You deliberately ignored management instructions not to involve yourself in ./Prohibition_order_Mr_Graham_Smart.pdf- matters of pupil pastoral care. ./Prohibition_order_Mr_Graham_Smart.pdf- ./Prohibition_order_Mr_Graham_Smart.pdf-Following the incident with Pupil C, the Principal provided Mr Smart with instructions, ./Prohibition_order_Mr_Graham_Smart.pdf-which he outlined in an email dated 16 November 2012 (page 47). It was agreed that Mr ./Prohibition_order_Mr_Graham_Smart.pdf-Smart should not discuss the details of Pupil C’s previous incident. Mr Smart was not to ./Prohibition_order_Mr_Graham_Smart.pdf-have a pastoral role, he was not to be in a room with pupils except in a teaching capacity ./Prohibition_order_Mr_Graham_Smart.pdf:and he was not to use words of a sexual connotation. Indeed, these instructions were ./Prohibition_order_Mr_Graham_Smart.pdf-repeated following an alleged meeting with Pupil A in a darkened room after which he ./Prohibition_order_Mr_Graham_Smart.pdf-received a written warning in December 2012. ./Prohibition_order_Mr_Graham_Smart.pdf- ./Prohibition_order_Mr_Graham_Smart.pdf-In his oral evidence, Mr Smart denied this allegation. He explained that as part of his role ./Prohibition_order_Mr_Graham_Smart.pdf-as examination officer, he had a certain level of pastoral responsibilities. It was for him to ./Prohibition_order_Mr_Graham_Smart.pdf-collate any concerns expressed by pupils, parents or teachers in respect of exams – he ./Prohibition_order_Mr_Graham_Smart.pdf-acted as a conduit. It was part of his role, as examination officer, to take into account any ./Prohibition_order_Mr_Graham_Smart.pdf-extenuating circumstances, which ought to be brought to the attention of the relevant ./Prohibition_order_Mr_Graham_Smart.pdf-examination board or to determine whether special provisions needed to be made for ./Prohibition_order_Mr_Graham_Smart.pdf-certain pupils. Accordingly, he would be unable to effectively perform his role without the -- ./Prohibition_order_Mr_Graham_Smart.pdf-1c(iii). In relation to Pupil A: on dates unknown you: provided private tuition to ./Prohibition_order_Mr_Graham_Smart.pdf- Pupil A without the School’s consent, ./Prohibition_order_Mr_Graham_Smart.pdf- ./Prohibition_order_Mr_Graham_Smart.pdf-The presenting officer made submissions to the panel that the National College no longer ./Prohibition_order_Mr_Graham_Smart.pdf-intended to pursue this allegation due to lack of oral and written evidence in support of it. ./Prohibition_order_Mr_Graham_Smart.pdf-Accordingly, the panel have made no determination in respect of this allegation, as they ./Prohibition_order_Mr_Graham_Smart.pdf-were not required to consider it. ./Prohibition_order_Mr_Graham_Smart.pdf- ./Prohibition_order_Mr_Graham_Smart.pdf:2d. In relation to Pupil B: your comments set out at 2(c) above was a sexual ./Prohibition_order_Mr_Graham_Smart.pdf- innuendo, ./Prohibition_order_Mr_Graham_Smart.pdf- ./Prohibition_order_Mr_Graham_Smart.pdf:The panel noted Pupil B’s belief that the comment was a sexual innuendo (pages 23 and ./Prohibition_order_Mr_Graham_Smart.pdf-57b). The panel also noted the evidence of Pupil A who states “he obviously meant as a ./Prohibition_order_Mr_Graham_Smart.pdf:sexual innuendo” (page 19). However, the panel have not had an opportunity to obtain ./Prohibition_order_Mr_Graham_Smart.pdf-direct oral evidence from Pupils A and B nor test their evidence and gain a sound ./Prohibition_order_Mr_Graham_Smart.pdf-appreciation for the context in which the comments were made. Mr Smart denied this ./Prohibition_order_Mr_Graham_Smart.pdf-allegation. ./Prohibition_order_Mr_Graham_Smart.pdf- ./Prohibition_order_Mr_Graham_Smart.pdf-The panel noted, from oral and written evidence that, prior to these comments being ./Prohibition_order_Mr_Graham_Smart.pdf-made, Pupil B had been suspended for misuse of social media. Given the context, the ./Prohibition_order_Mr_Graham_Smart.pdf-panel was of the view that Pupil B may have been sensitive to such comments and ./Prohibition_order_Mr_Graham_Smart.pdf:interpreted them as sexual innuendo, despite other interpretations being possible. On the ./Prohibition_order_Mr_Graham_Smart.pdf-balance of evidence the panel considered Pupil B may have misinterpreted the remark. ./Prohibition_order_Mr_Graham_Smart.pdf- ./Prohibition_order_Mr_Graham_Smart.pdf-Despite the fact that the panel finds Particular 2(c) proven, for the reasons set out above, ./Prohibition_order_Mr_Graham_Smart.pdf:the panel does not find it proven that Mr Smart’s comment was a sexual innuendo. ./Prohibition_order_Mr_Graham_Smart.pdf- ./Prohibition_order_Mr_Graham_Smart.pdf-3c. In relation to Pupil C: on a date unknown you unnecessarily touched Pupil ./Prohibition_order_Mr_Graham_Smart.pdf- C’s cheeks and said they were warm or words to that effect; ./Prohibition_order_Mr_Graham_Smart.pdf- ./Prohibition_order_Mr_Graham_Smart.pdf-The presenting officer made submissions to the panel that the National College no longer ./Prohibition_order_Mr_Graham_Smart.pdf-intended to pursue this allegation due to lack of oral and written evidence. Accordingly, ./Prohibition_order_Mr_Graham_Smart.pdf-the panel did not consider this allegation. ./Prohibition_order_Mr_Graham_Smart.pdf- ./Prohibition_order_Mr_Graham_Smart.pdf-5d. On dates unknown, you acted inappropriately towards pupils in that you: ./Prohibition_order_Mr_Graham_Smart.pdf- used sweets to make shapes of genitalia, ./Prohibition_order_Mr_Graham_Smart.pdf- ./Prohibition_order_Mr_Graham_Smart.pdf-The presenting officer made submissions to the panel that the National College no longer ./Prohibition_order_Mr_Graham_Smart.pdf-intended to pursue this allegation due to lack of oral and written evidence. Accordingly, ./Prohibition_order_Mr_Graham_Smart.pdf-the panel did not consider this allegation. ./Prohibition_order_Mr_Graham_Smart.pdf- ./Prohibition_order_Mr_Graham_Smart.pdf-5e(i)(b). On dates unknown, you acted inappropriately towards pupils in that you: ./Prohibition_order_Mr_Graham_Smart.pdf- used inappropriate language in the presence of pupils including: making ./Prohibition_order_Mr_Graham_Smart.pdf: sexual references to the effect that X: Asked you to spank her, ./Prohibition_order_Mr_Graham_Smart.pdf- ./Prohibition_order_Mr_Graham_Smart.pdf- ./Prohibition_order_Mr_Graham_Smart.pdf- ./Prohibition_order_Mr_Graham_Smart.pdf- ./Prohibition_order_Mr_Graham_Smart.pdf- 20 ./Prohibition_order_Mr_Graham_Smart.pdf- -- ./Prohibition_order_Mr_Graham_Smart.pdf-Mr Smart denied this allegation. The panel noted that the only reference to this allegation ./Prohibition_order_Mr_Graham_Smart.pdf-is in the written statement of Pupil B (page 23). The panel noted that there is no evidence ./Prohibition_order_Mr_Graham_Smart.pdf-of this specific allegation in the contemporaneous note from the interview (pages 58 and ./Prohibition_order_Mr_Graham_Smart.pdf-61) nor is it outlined in the Note prepared by Witness A which records the details of the ./Prohibition_order_Mr_Graham_Smart.pdf-allegations at Particular 5(e)(i)(b). Given the nature and seriousness of the allegation, on ./Prohibition_order_Mr_Graham_Smart.pdf-the balance of probabilities, the panel find this allegation is not proven. ./Prohibition_order_Mr_Graham_Smart.pdf- ./Prohibition_order_Mr_Graham_Smart.pdf-7. Your conduct as set out at 2(a) and/or 2(b) and/or 2(c) and/or 5(d) and/or ./Prohibition_order_Mr_Graham_Smart.pdf: 5(e) above was sexually motivated. ./Prohibition_order_Mr_Graham_Smart.pdf- ./Prohibition_order_Mr_Graham_Smart.pdf:In relation to Particulars 2(a) to (c), the panel considered the two stage test for sexual ./Prohibition_order_Mr_Graham_Smart.pdf:motivation – firstly whether the words/actions could be sexual and secondly whether the ./Prohibition_order_Mr_Graham_Smart.pdf:words/actions of Mr Smart were sexual in all of the circumstances of the case. Upon ./Prohibition_order_Mr_Graham_Smart.pdf-consideration of the evidence, the panel was not satisfied that Mr Smart’s words and ./Prohibition_order_Mr_Graham_Smart.pdf:actions could be viewed as sexually motivated and therefore did not consider the second ./Prohibition_order_Mr_Graham_Smart.pdf-limb of the test. ./Prohibition_order_Mr_Graham_Smart.pdf- ./Prohibition_order_Mr_Graham_Smart.pdf-The panel did not consider Particular 5(d), as the presenting officer made submissions to ./Prohibition_order_Mr_Graham_Smart.pdf-the panel that the National College no longer intended to pursue this allegation due to ./Prohibition_order_Mr_Graham_Smart.pdf-lack of oral and written evidence. ./Prohibition_order_Mr_Graham_Smart.pdf- ./Prohibition_order_Mr_Graham_Smart.pdf-Having reviewed all of the evidence, the panel did not find Particular 5(e)(i)(B) proven on ./Prohibition_order_Mr_Graham_Smart.pdf-the facts. Accordingly, the panel saw it superfluous to consider whether, in respect of this ./Prohibition_order_Mr_Graham_Smart.pdf:Particular, Mr Smart’s conduct was sexually motivated. ./Prohibition_order_Mr_Graham_Smart.pdf- ./Prohibition_order_Mr_Graham_Smart.pdf-In relation to Particulars 5(e)(i)(a) and (ii), the panel considered the two stage test for ./Prohibition_order_Mr_Graham_Smart.pdf:sexual motivation. Firstly, whether the words/actions could be sexual. The panel consider ./Prohibition_order_Mr_Graham_Smart.pdf:that the reasonable man, would consider these words and actions could be sexual. ./Prohibition_order_Mr_Graham_Smart.pdf-Therefore, the panel find that the first limb of the test has been satisfied. Turning to the ./Prohibition_order_Mr_Graham_Smart.pdf-second limb, whether in all the circumstances of the conduct in the case, whether Mr ./Prohibition_order_Mr_Graham_Smart.pdf:Smart’s purpose of such words/actions was sexual. The panel was satisfied, as a result ./Prohibition_order_Mr_Graham_Smart.pdf-of the combination of the oral evidence and in particular Mr Smart’s resolve in denying ./Prohibition_order_Mr_Graham_Smart.pdf-the allegations and his general demeanour as a witness, and the written evidence ./Prohibition_order_Mr_Graham_Smart.pdf-supplied from [redacted] and the Isle of Wight Children Services, that Mr Smart’s ./Prohibition_order_Mr_Graham_Smart.pdf:intention behind these words and actions was not sexual. ./Prohibition_order_Mr_Graham_Smart.pdf- ./Prohibition_order_Mr_Graham_Smart.pdf- ./Prohibition_order_Mr_Graham_Smart.pdf- ./Prohibition_order_Mr_Graham_Smart.pdf- ./Prohibition_order_Mr_Graham_Smart.pdf- 21 ./Prohibition_order_Mr_Graham_Smart.pdf- -- ./Prohibition_order_Mr_Graham_Smart.pdf-prohibition order should be imposed with immediate effect. ./Prohibition_order_Mr_Graham_Smart.pdf- ./Prohibition_order_Mr_Graham_Smart.pdf-The panel went on to consider whether or not it would be appropriate for them to ./Prohibition_order_Mr_Graham_Smart.pdf-recommend that a review period of the order should be considered. The panel was ./Prohibition_order_Mr_Graham_Smart.pdf-mindful that the Advice advises that a prohibition order applies for life, but there may be ./Prohibition_order_Mr_Graham_Smart.pdf-circumstances in any given case that may make it appropriate to allow a teacher to apply ./Prohibition_order_Mr_Graham_Smart.pdf-to have the prohibition order reviewed after a specified period of time that may not be ./Prohibition_order_Mr_Graham_Smart.pdf-less than 2 years. ./Prohibition_order_Mr_Graham_Smart.pdf- ./Prohibition_order_Mr_Graham_Smart.pdf-The Advice indicates that there are behaviours that, if proven, would militate against a ./Prohibition_order_Mr_Graham_Smart.pdf:review period being recommended. These behaviours include serious sexual ./Prohibition_order_Mr_Graham_Smart.pdf:misconduct, e.g. where the act was sexually motivated and resulted in or had the ./Prohibition_order_Mr_Graham_Smart.pdf-potential to result in, harm to a person or persons. ./Prohibition_order_Mr_Graham_Smart.pdf- ./Prohibition_order_Mr_Graham_Smart.pdf- ./Prohibition_order_Mr_Graham_Smart.pdf- ./Prohibition_order_Mr_Graham_Smart.pdf- ./Prohibition_order_Mr_Graham_Smart.pdf- 25 ./Prohibition_order_Mr_Graham_Smart.pdf- -- ./Prohibition_order_Mr_Graham_Smart.pdf-The panel noted that Mr Smart has been found to have abused his position of trust and ./Prohibition_order_Mr_Graham_Smart.pdf-acted in an inappropriate way towards pupils however, this should not be seen as more ./Prohibition_order_Mr_Graham_Smart.pdf-serious than it is – the panel has not found that Mr Smart made any physical contact with ./Prohibition_order_Mr_Graham_Smart.pdf:any pupil; nor has it found Mr Smart to have been sexually motivated. Such conduct was ./Prohibition_order_Mr_Graham_Smart.pdf-not present in this case. ./Prohibition_order_Mr_Graham_Smart.pdf- ./Prohibition_order_Mr_Graham_Smart.pdf-Mr Smart has, however, denied the allegations raised, and the panel note he has not ./Prohibition_order_Mr_Graham_Smart.pdf-demonstrated any insight into his inappropriate conduct or the impact thereby on the ./Prohibition_order_Mr_Graham_Smart.pdf-pupils, albeit he has expressed remorse for the resultant consequences of his actions. ./Prohibition_order_Mr_Graham_Smart.pdf- ./Prohibition_order_Mr_Graham_Smart.pdf-The panel felt the findings indicated a situation in which a review period would be ./Prohibition_order_Mr_Graham_Smart.pdf-appropriate and proportionate given all the circumstances. ./Prohibition_order_Mr_Graham_Smart.pdf- ./Prohibition_order_Mr_Graham_Smart.pdf-The panel considers that Mr Smart will require at least 3 years to reflect upon the -- ./Prohibition_order_Mr_Graham_Smart.pdf- ./Prohibition_order_Mr_Graham_Smart.pdf-The panel has found Mr Smart’s actions to be deliberate and noted that there is no ./Prohibition_order_Mr_Graham_Smart.pdf-evidence to suggest he was acting under duress. He has shown no insight into his ./Prohibition_order_Mr_Graham_Smart.pdf-behaviour. ./Prohibition_order_Mr_Graham_Smart.pdf- ./Prohibition_order_Mr_Graham_Smart.pdf-In the circumstances I agree with the panel that prohibition is both appropriate and ./Prohibition_order_Mr_Graham_Smart.pdf-proportionate. ./Prohibition_order_Mr_Graham_Smart.pdf- ./Prohibition_order_Mr_Graham_Smart.pdf-Mr Smart has abused his position of trust and acted in an inappropriate way towards ./Prohibition_order_Mr_Graham_Smart.pdf-pupils. However, he has not made physical contact with pupils and nor was his behaviour ./Prohibition_order_Mr_Graham_Smart.pdf:sexually motivated. The panel has recommended a review period of 3 years in order that ./Prohibition_order_Mr_Graham_Smart.pdf- ./Prohibition_order_Mr_Graham_Smart.pdf- ./Prohibition_order_Mr_Graham_Smart.pdf- 26 ./Prohibition_order_Mr_Graham_Smart.pdf- ./Prohibition_order_Mr_Gregory_Hallam.pdf-a. failed to maintain appropriate professional boundaries in his relationships with ./Prohibition_order_Mr_Gregory_Hallam.pdf- students, in that he; ./Prohibition_order_Mr_Gregory_Hallam.pdf- i. made comments to students about his sex life on more than one occasion. ./Prohibition_order_Mr_Gregory_Hallam.pdf- ii. made comments of a sexual nature on more than one occasion. ./Prohibition_order_Mr_Gregory_Hallam.pdf-b. failed to maintain appropriate professional boundaries in his relationship with a ./Prohibition_order_Mr_Gregory_Hallam.pdf- 14 year old student, Student A, in that he; ./Prohibition_order_Mr_Gregory_Hallam.pdf- i. accepted her as a friend on the social networking site ‘Facebook’ despite ./Prohibition_order_Mr_Gregory_Hallam.pdf- recognising that it was not appropriate for him to do so; ./Prohibition_order_Mr_Gregory_Hallam.pdf- ii. communicated with her via ‘Facebook’ on four occasions; ./Prohibition_order_Mr_Gregory_Hallam.pdf- iii. made an inappropriate comment to her via ‘Facebook’, including a comment ./Prohibition_order_Mr_Gregory_Hallam.pdf: that he was “watching porn”. ./Prohibition_order_Mr_Gregory_Hallam.pdf-c. failed to maintain appropriate professional boundaries in his relationship with a ./Prohibition_order_Mr_Gregory_Hallam.pdf- 14 year old student, Student B, in that he accepted her as a friend on the social ./Prohibition_order_Mr_Gregory_Hallam.pdf- networking site, ‘Facebook’, despite recognising that it was not appropriate for ./Prohibition_order_Mr_Gregory_Hallam.pdf- him to do so; ./Prohibition_order_Mr_Gregory_Hallam.pdf:d. used School ICT equipment to access pornographic material. ./Prohibition_order_Mr_Gregory_Hallam.pdf- ./Prohibition_order_Mr_Gregory_Hallam.pdf-Mr Hallam agreed a number of aspects of the allegations by way of a Statement of ./Prohibition_order_Mr_Gregory_Hallam.pdf-Agreed Facts (see below). ./Prohibition_order_Mr_Gregory_Hallam.pdf- ./Prohibition_order_Mr_Gregory_Hallam.pdf-C. Preliminary Applications ./Prohibition_order_Mr_Gregory_Hallam.pdf- ./Prohibition_order_Mr_Gregory_Hallam.pdf-Application to Amend Allegations (1 March 2013) ./Prohibition_order_Mr_Gregory_Hallam.pdf- ./Prohibition_order_Mr_Gregory_Hallam.pdf-In light of the Statement of Agreed Facts (see below) Ms Hackney and Mr Hart ./Prohibition_order_Mr_Gregory_Hallam.pdf-invited the Panel to amend the allegations in the Notice of Proceedings in order to -- ./Prohibition_order_Mr_Gregory_Hallam.pdf- being a lesbian, I interrupted this conversation and said that there is nothing ./Prohibition_order_Mr_Gregory_Hallam.pdf- wrong with that. From my knowledge of Pupil B I felt it was essential to diffuse ./Prohibition_order_Mr_Gregory_Hallam.pdf- the situation. ./Prohibition_order_Mr_Gregory_Hallam.pdf-3. I do not admit that these comments are inappropriate. ./Prohibition_order_Mr_Gregory_Hallam.pdf-4. I do not admit any of the other comments. ./Prohibition_order_Mr_Gregory_Hallam.pdf- ./Prohibition_order_Mr_Gregory_Hallam.pdf-Allegation (b) & (c) ./Prohibition_order_Mr_Gregory_Hallam.pdf- ./Prohibition_order_Mr_Gregory_Hallam.pdf-5. I admit adding Pupil B as a friend on Facebook and communicating with her four ./Prohibition_order_Mr_Gregory_Hallam.pdf- times. ./Prohibition_order_Mr_Gregory_Hallam.pdf:6. I also admit that I told Pupil A that I was watching porn. ./Prohibition_order_Mr_Gregory_Hallam.pdf-7. In terms of recognising that it was inappropriate to do so I admit that it was ./Prohibition_order_Mr_Gregory_Hallam.pdf- however I do not admit that I was told specifically about befriending students. ./Prohibition_order_Mr_Gregory_Hallam.pdf-8. I also admit accepting Pupil B on Facebook. ./Prohibition_order_Mr_Gregory_Hallam.pdf- ./Prohibition_order_Mr_Gregory_Hallam.pdf-Allegation (d) ./Prohibition_order_Mr_Gregory_Hallam.pdf- ./Prohibition_order_Mr_Gregory_Hallam.pdf:9. I admit watching pornography on school ICT equipment. ./Prohibition_order_Mr_Gregory_Hallam.pdf- ./Prohibition_order_Mr_Gregory_Hallam.pdf-Brief summary of evidence given (1 March 2013) ./Prohibition_order_Mr_Gregory_Hallam.pdf- ./Prohibition_order_Mr_Gregory_Hallam.pdf-Please note that this is intended to be a summary – it does not reflect the complete ./Prohibition_order_Mr_Gregory_Hallam.pdf-evidence given. ./Prohibition_order_Mr_Gregory_Hallam.pdf- ./Prohibition_order_Mr_Gregory_Hallam.pdf-Witness A, Senior Vice Principal of Ormiston Venture Academy and previously ./Prohibition_order_Mr_Gregory_Hallam.pdf-Acting Headteacher of Oriel High School, confirmed the procedures that the school ./Prohibition_order_Mr_Gregory_Hallam.pdf-followed in relation to the allegations against Mr Hallam, which were documented in ./Prohibition_order_Mr_Gregory_Hallam.pdf-the bundle. She did not have any concerns that the students involved were not -- ./Prohibition_order_Mr_Gregory_Hallam.pdf-The Panel announced its decision and reasons as follows: ./Prohibition_order_Mr_Gregory_Hallam.pdf- ./Prohibition_order_Mr_Gregory_Hallam.pdf-We have now carefully considered the case before us and have reached a decision. ./Prohibition_order_Mr_Gregory_Hallam.pdf- ./Prohibition_order_Mr_Gregory_Hallam.pdf-We confirm that we have read all the documents provided in the bundle in advance ./Prohibition_order_Mr_Gregory_Hallam.pdf-of the hearing. ./Prohibition_order_Mr_Gregory_Hallam.pdf- ./Prohibition_order_Mr_Gregory_Hallam.pdf-It is alleged that Mr Hallam failed to maintain appropriate professional boundaries ./Prohibition_order_Mr_Gregory_Hallam.pdf-with younger female students in relation to comments he made at school and in his ./Prohibition_order_Mr_Gregory_Hallam.pdf-contact with them via social media. He also used school ICT equipment to access ./Prohibition_order_Mr_Gregory_Hallam.pdf:pornographic material. ./Prohibition_order_Mr_Gregory_Hallam.pdf- ./Prohibition_order_Mr_Gregory_Hallam.pdf-Findings of fact ./Prohibition_order_Mr_Gregory_Hallam.pdf- ./Prohibition_order_Mr_Gregory_Hallam.pdf-Our findings of fact are as follows: ./Prohibition_order_Mr_Gregory_Hallam.pdf- ./Prohibition_order_Mr_Gregory_Hallam.pdf-We have found the following particulars of the allegations against Mr Hallam proven, ./Prohibition_order_Mr_Gregory_Hallam.pdf-for these reasons: ./Prohibition_order_Mr_Gregory_Hallam.pdf- ./Prohibition_order_Mr_Gregory_Hallam.pdf-Whilst employed at Oriel High School, Gorleston, between September 2007 and ./Prohibition_order_Mr_Gregory_Hallam.pdf-September 2010 and whilst employed at Ormiston Venture Academy, Gorleston, -- ./Prohibition_order_Mr_Gregory_Hallam.pdf-evidence that the conversation took place in a salacious context and we would ./Prohibition_order_Mr_Gregory_Hallam.pdf-expect a teacher to correct any derogatory comments or head those off in relation to ./Prohibition_order_Mr_Gregory_Hallam.pdf-the issue of homosexuality. We have not therefore considered that these comments ./Prohibition_order_Mr_Gregory_Hallam.pdf-tend to prove or are relevant to this allegation. ./Prohibition_order_Mr_Gregory_Hallam.pdf-b. failed to maintain appropriate professional boundaries in his relationship with a ./Prohibition_order_Mr_Gregory_Hallam.pdf- 14 year old student, Student A, in that he; ./Prohibition_order_Mr_Gregory_Hallam.pdf- i. accepted her as a friend on the social networking site ‘Facebook’ despite ./Prohibition_order_Mr_Gregory_Hallam.pdf- recognising that it was not appropriate for him to do so; ./Prohibition_order_Mr_Gregory_Hallam.pdf- ii. communicated with her via ‘Facebook’ on four occasions; ./Prohibition_order_Mr_Gregory_Hallam.pdf- iii. made an inappropriate comment to her via ‘Facebook’, including a comment ./Prohibition_order_Mr_Gregory_Hallam.pdf: that he was “watching porn”. ./Prohibition_order_Mr_Gregory_Hallam.pdf-Mr Hallam has admitted this allegation with the provision that he was not specifically ./Prohibition_order_Mr_Gregory_Hallam.pdf-told he should not ‘friend’ students on Facebook. We accept this admission that is ./Prohibition_order_Mr_Gregory_Hallam.pdf-supported by the documentary evidence. Whilst at the time of the events in question ./Prohibition_order_Mr_Gregory_Hallam.pdf-guidelines in relation to contact via social media may have been more fluid it clearly ./Prohibition_order_Mr_Gregory_Hallam.pdf-amounted to a failure to maintain appropriate professional boundaries with Student ./Prohibition_order_Mr_Gregory_Hallam.pdf-A. There was no good reason why Mr Hallam needed to befriend Student A and the ./Prohibition_order_Mr_Gregory_Hallam.pdf:dangers of doing so are clearly illustrated by the comment about pornography. It is ./Prohibition_order_Mr_Gregory_Hallam.pdf-perhaps fortunate that matters went no further than that. In any event it is a striking ./Prohibition_order_Mr_Gregory_Hallam.pdf-example of the erosion of professional boundaries and the serious consequence of ./Prohibition_order_Mr_Gregory_Hallam.pdf-that given the obvious conclusions that can be drawn about that subject arising in a ./Prohibition_order_Mr_Gregory_Hallam.pdf-conversation between a teacher and a 14 year old student. ./Prohibition_order_Mr_Gregory_Hallam.pdf-We conclude that Mr Hallam was given guidance to the effect that he should not ./Prohibition_order_Mr_Gregory_Hallam.pdf-‘friend’ students via Facebook. Witness A, the Senior Vice Principal of Ormiston ./Prohibition_order_Mr_Gregory_Hallam.pdf-Venture Academy (then Acting Headteacher of the Oriel High School), gave clear ./Prohibition_order_Mr_Gregory_Hallam.pdf-oral evidence that Mr Hallam would have been given this guidance. This is ./Prohibition_order_Mr_Gregory_Hallam.pdf- -- ./Prohibition_order_Mr_Gregory_Hallam.pdf- ./Prohibition_order_Mr_Gregory_Hallam.pdf-supported by the fact that Mr Hallam initially told the Student that he could not accept ./Prohibition_order_Mr_Gregory_Hallam.pdf-her as a friend. ./Prohibition_order_Mr_Gregory_Hallam.pdf-c. failed to maintain appropriate professional boundaries in his relationship with a ./Prohibition_order_Mr_Gregory_Hallam.pdf- 14 year old student, Student B, in that he accepted her as a friend on the social ./Prohibition_order_Mr_Gregory_Hallam.pdf- networking site, ‘Facebook’, despite recognising that it was not appropriate for ./Prohibition_order_Mr_Gregory_Hallam.pdf- him to do so; ./Prohibition_order_Mr_Gregory_Hallam.pdf-Mr Hallam has admitted to accepting Student B as a friend on Facebook. We find ./Prohibition_order_Mr_Gregory_Hallam.pdf-the whole allegation proven for the same reasons given in relation to allegation b. ./Prohibition_order_Mr_Gregory_Hallam.pdf-and repeat our conclusions in that regard. ./Prohibition_order_Mr_Gregory_Hallam.pdf:d. used School ICT equipment to access pornographic material. ./Prohibition_order_Mr_Gregory_Hallam.pdf-Mr Hallam has admitted this allegation and we accept this admission which is ./Prohibition_order_Mr_Gregory_Hallam.pdf-supported by the documentary evidence. ./Prohibition_order_Mr_Gregory_Hallam.pdf- ./Prohibition_order_Mr_Gregory_Hallam.pdf-We have found the following particulars of the allegations against Mr Hallam not ./Prohibition_order_Mr_Gregory_Hallam.pdf-proven, for these reasons: ./Prohibition_order_Mr_Gregory_Hallam.pdf- ./Prohibition_order_Mr_Gregory_Hallam.pdf-Whilst employed at Oriel High School, Gorleston, between September 2007 and ./Prohibition_order_Mr_Gregory_Hallam.pdf-September 2010 and whilst employed at Ormiston Venture Academy, Gorleston, ./Prohibition_order_Mr_Gregory_Hallam.pdf-between September 2010 and February 2011, he; ./Prohibition_order_Mr_Gregory_Hallam.pdf-a. failed to maintain appropriate professional boundaries in his relationships with ./Prohibition_order_Mr_Gregory_Hallam.pdf- students, in that he; ./Prohibition_order_Mr_Gregory_Hallam.pdf: i. made comments to students about his sex life on more than one occasion. ./Prohibition_order_Mr_Gregory_Hallam.pdf-Mr Hallam has denied this allegation throughout and clearly did so in his oral ./Prohibition_order_Mr_Gregory_Hallam.pdf-evidence. The evidence to the contrary is only in the form of hearsay and Witness A ./Prohibition_order_Mr_Gregory_Hallam.pdf-in her oral evidence was not able to assist us on how credible the students’ evidence ./Prohibition_order_Mr_Gregory_Hallam.pdf-might be. We are therefore not able to conclude on the balance of probabilities that ./Prohibition_order_Mr_Gregory_Hallam.pdf-any of the alleged comments were made. ./Prohibition_order_Mr_Gregory_Hallam.pdf- ./Prohibition_order_Mr_Gregory_Hallam.pdf-Findings as to Unacceptable Professional Conduct ./Prohibition_order_Mr_Gregory_Hallam.pdf- ./Prohibition_order_Mr_Gregory_Hallam.pdf-Having found the facts of the allegations a. ii. , b, c and d proved we further find that ./Prohibition_order_Mr_Gregory_Hallam.pdf-those amount to unacceptable professional conduct and conduct that may bring the -- ./Prohibition_order_Mr_Gregory_Hallam.pdf- 9 ./Prohibition_order_Mr_Gregory_Hallam.pdf- ./Prohibition_order_Mr_Gregory_Hallam.pdf- ./Prohibition_order_Mr_Gregory_Hallam.pdf-position. He also failed to safeguard students’ well-being and failed to have proper ./Prohibition_order_Mr_Gregory_Hallam.pdf-and professional regard for the policies and practices of the school in which he ./Prohibition_order_Mr_Gregory_Hallam.pdf-taught. ./Prohibition_order_Mr_Gregory_Hallam.pdf- ./Prohibition_order_Mr_Gregory_Hallam.pdf-Mr Hallam’s behaviour was simply not consistent with the standards that are ./Prohibition_order_Mr_Gregory_Hallam.pdf-expected of a teacher. No teacher should use school equipment to access ./Prohibition_order_Mr_Gregory_Hallam.pdf:pornography and it is of the utmost importance that a teacher at all times maintains a ./Prohibition_order_Mr_Gregory_Hallam.pdf-proper and professional relationship with students. Failure to do so undermines the ./Prohibition_order_Mr_Gregory_Hallam.pdf-authority that is essential to delivering good quality education and opens the door to ./Prohibition_order_Mr_Gregory_Hallam.pdf-potentially more serious consequences. ./Prohibition_order_Mr_Gregory_Hallam.pdf- ./Prohibition_order_Mr_Gregory_Hallam.pdf- ./Prohibition_order_Mr_Gregory_Hallam.pdf-Panel’s Recommendation to the Secretary of State ./Prohibition_order_Mr_Gregory_Hallam.pdf- ./Prohibition_order_Mr_Gregory_Hallam.pdf-When considering what sanction, if any, to recommend we have had regard to “The ./Prohibition_order_Mr_Gregory_Hallam.pdf-Prohibition of Teachers – DfE advice on factors relating to decisions leading to the ./Prohibition_order_Mr_Gregory_Hallam.pdf-prohibition of teachers from the teaching profession”. In particular we have had -- ./Prohibition_order_Mr_Gregory_Hallam.pdf-proportionality. ./Prohibition_order_Mr_Gregory_Hallam.pdf- ./Prohibition_order_Mr_Gregory_Hallam.pdf-We have concluded that in this instance it is not appropriate to recommend that a ./Prohibition_order_Mr_Gregory_Hallam.pdf-Prohibition Order be made. ./Prohibition_order_Mr_Gregory_Hallam.pdf- ./Prohibition_order_Mr_Gregory_Hallam.pdf-We have carefully considered the documents that we have been provided with and ./Prohibition_order_Mr_Gregory_Hallam.pdf-the submissions made by Mr Hart on behalf of Mr Hallam. ./Prohibition_order_Mr_Gregory_Hallam.pdf- ./Prohibition_order_Mr_Gregory_Hallam.pdf-Mr Hallam’s failure to maintain professional boundaries was particularly serious and ./Prohibition_order_Mr_Gregory_Hallam.pdf-we have found a number of instances of similar improper behaviour. There is also a ./Prohibition_order_Mr_Gregory_Hallam.pdf:general theme of sexual issues running through the allegations. These matters ./Prohibition_order_Mr_Gregory_Hallam.pdf-would rightly concern the public in light of the central role of a teacher in ./Prohibition_order_Mr_Gregory_Hallam.pdf-safeguarding students. ./Prohibition_order_Mr_Gregory_Hallam.pdf- ./Prohibition_order_Mr_Gregory_Hallam.pdf-The totality of the Mr Hallam’s actions tend to indicate a deep-seated attitude that ./Prohibition_order_Mr_Gregory_Hallam.pdf-could lead to harmful behaviour but we have had regard to the fact that there is not a ./Prohibition_order_Mr_Gregory_Hallam.pdf-lengthy pattern of behaviour that proves that conclusively. In light of that and that in ./Prohibition_order_Mr_Gregory_Hallam.pdf-themselves the majority of the allegations could be viewed in a relatively benign light ./Prohibition_order_Mr_Gregory_Hallam.pdf-we consider that in this instance Mr Hallam’s behaviour is not incompatible with ./Prohibition_order_Mr_Gregory_Hallam.pdf-being a teacher. Likewise, it is to Mr Hallam’s credit that he has engaged with these ./Prohibition_order_Mr_Gregory_Hallam.pdf-proceedings and in large part admitted those facts that we have found proved. He -- ./Prohibition_order_Mr_Gregory_Hallam.pdf- ./Prohibition_order_Mr_Gregory_Hallam.pdf-The Panel have found a number of allegations proven. ./Prohibition_order_Mr_Gregory_Hallam.pdf- ./Prohibition_order_Mr_Gregory_Hallam.pdf-Mr Hallam failed to maintain appropriate professional boundaries in his relationships ./Prohibition_order_Mr_Gregory_Hallam.pdf-with students. The Panel found that Mr Hallam’s comments in relation to the incident ./Prohibition_order_Mr_Gregory_Hallam.pdf-with the condom were inappropriate and that his ad hoc behaviour paid no attention ./Prohibition_order_Mr_Gregory_Hallam.pdf-to the strict guidelines on teaching sex and relationship education. ./Prohibition_order_Mr_Gregory_Hallam.pdf- ./Prohibition_order_Mr_Gregory_Hallam.pdf-In relation to the allegations relating to his relationship with a 14 year old pupil, ./Prohibition_order_Mr_Gregory_Hallam.pdf-student A, the Panel comment that this clearly amounted to a failure to maintain ./Prohibition_order_Mr_Gregory_Hallam.pdf:appropriate relationships. They describe the comment that he was “watching porn” ./Prohibition_order_Mr_Gregory_Hallam.pdf-as a striking example of the erosion of professional boundaries and the serious ./Prohibition_order_Mr_Gregory_Hallam.pdf-consequences of that given the obvious conclusions that can be drawn about that ./Prohibition_order_Mr_Gregory_Hallam.pdf-subject arising in a conversation between a teacher and a 14 year old student. ./Prohibition_order_Mr_Gregory_Hallam.pdf- ./Prohibition_order_Mr_Gregory_Hallam.pdf:Mr Hallam also used school ICT equipment to access pornographic material. ./Prohibition_order_Mr_Gregory_Hallam.pdf- ./Prohibition_order_Mr_Gregory_Hallam.pdf-The Panel find these actions amount to unacceptable professional conduct and ./Prohibition_order_Mr_Gregory_Hallam.pdf-conduct that may bring the profession into disrepute. ./Prohibition_order_Mr_Gregory_Hallam.pdf- ./Prohibition_order_Mr_Gregory_Hallam.pdf-The Panel are clear that Mr Hallam’s actions constituted misconduct of a serious ./Prohibition_order_Mr_Gregory_Hallam.pdf-nature and that he failed to demonstrate consistently high standards of personal and ./Prohibition_order_Mr_Gregory_Hallam.pdf-professional conduct by failing to uphold public trust and confidence in the ./Prohibition_order_Mr_Gregory_Hallam.pdf-profession. ./Prohibition_order_Mr_Gregory_Hallam.pdf- ./Prohibition_order_Mr_Gregory_Hallam.pdf-The Panel find that Mr Hallam’s behaviour “was simply not consistent with the ./Prohibition_order_Mr_Gregory_Hallam.pdf-standards that are expected of a teacher”. They also say that “it is of the utmost ./Prohibition_order_Mr_Gregory_Hallam.pdf-importance that a teacher at all times maintains a proper and professional ./Prohibition_order_Mr_Gregory_Hallam.pdf-relationship with students.” ./Prohibition_order_Mr_Gregory_Hallam.pdf- ./Prohibition_order_Mr_Gregory_Hallam.pdf-In their recommendation to me, the Panel states that “Mr Hallam’s failure to maintain ./Prohibition_order_Mr_Gregory_Hallam.pdf-professional boundaries was particularly serious and we have found a number of ./Prohibition_order_Mr_Gregory_Hallam.pdf:instances of similar improper behaviour. There is also a general theme of sexual ./Prohibition_order_Mr_Gregory_Hallam.pdf-issues running through the allegations”. These matters, the Panel says, would rightly ./Prohibition_order_Mr_Gregory_Hallam.pdf-concern the public in light of the central role of a teacher in safeguarding students. ./Prohibition_order_Mr_Gregory_Hallam.pdf- ./Prohibition_order_Mr_Gregory_Hallam.pdf-The Panel also say that Mr Hallam’s actions tend to indicate a deep-seated attitude ./Prohibition_order_Mr_Gregory_Hallam.pdf-that could lead to harmful behaviour, although they qualify that by saying that there is ./Prohibition_order_Mr_Gregory_Hallam.pdf-not a lengthy pattern of behaviour that proves that conclusively. ./Prohibition_order_Mr_Gregory_Hallam.pdf- ./Prohibition_order_Mr_Gregory_Hallam.pdf-I do not believe that the Panel has taken sufficient account of what they themselves ./Prohibition_order_Mr_Gregory_Hallam.pdf-describe as a number of instances of similar improper behaviour. ./Prohibition_order_Mr_Gregory_Hallam.pdf- ./prohibition_order_mr_gregory_worwood.pdf-The Panel considered the allegations set out in the Notice of Meeting dated 18 ./prohibition_order_mr_gregory_worwood.pdf-January 2013. ./prohibition_order_mr_gregory_worwood.pdf- ./prohibition_order_mr_gregory_worwood.pdf-It was alleged that Mr Gregory Worwood was guilty of Conviction, at any time of a ./prohibition_order_mr_gregory_worwood.pdf-relevant offence in that he was convicted of the following offences:- ./prohibition_order_mr_gregory_worwood.pdf- ./prohibition_order_mr_gregory_worwood.pdf-Offence: Possessing an indecent photograph or Pseudo-photograph of a child ./prohibition_order_mr_gregory_worwood.pdf- on 27/05/08 - 22/09/11 (Criminal Justice Act 1988 s.160) ./prohibition_order_mr_gregory_worwood.pdf-Court: Wolverhampton Crown Court on 17/07/2012 ./prohibition_order_mr_gregory_worwood.pdf-Sentence: Imprisonment 18 months, Sex offenders notice 10 years; Disqualified ./prohibition_order_mr_gregory_worwood.pdf: from working with children, sexual offences prevention order 5 years ./prohibition_order_mr_gregory_worwood.pdf- Forfeiture and destruction computer equipment seized. ./prohibition_order_mr_gregory_worwood.pdf- ./prohibition_order_mr_gregory_worwood.pdf-Offence: Possessing an indecent photograph or Pseudo-photograph of a child ./prohibition_order_mr_gregory_worwood.pdf- on 27/05/08 - 22/09/11 (Criminal Justice Act 1988 s.160) ./prohibition_order_mr_gregory_worwood.pdf-Court: Wolverhampton Crown Court on 17/07/2012 ./prohibition_order_mr_gregory_worwood.pdf-Sentence: Imprisonment 18 months, Sex offenders notice 10 years; Disqualified ./prohibition_order_mr_gregory_worwood.pdf: from working with children, sexual offences prevention order 5 years ./prohibition_order_mr_gregory_worwood.pdf- -- ./prohibition_order_mr_gregory_worwood.pdf- 2 ./prohibition_order_mr_gregory_worwood.pdf- ./prohibition_order_mr_gregory_worwood.pdf- ./prohibition_order_mr_gregory_worwood.pdf- Forfeiture and destruction computer equipment seized. ./prohibition_order_mr_gregory_worwood.pdf- ./prohibition_order_mr_gregory_worwood.pdf-Offence: Possessing an indecent photograph or Pseudo-photograph of a child ./prohibition_order_mr_gregory_worwood.pdf- on 27/05/08 - 22/09/11 (Criminal Justice Act 1988 s.160) ./prohibition_order_mr_gregory_worwood.pdf-Court: Wolverhampton Crown Court on 17/07/2012 ./prohibition_order_mr_gregory_worwood.pdf-Sentence: Imprisonment 18 months, Sex offenders notice 10 years; Disqualified ./prohibition_order_mr_gregory_worwood.pdf: from working with children, sexual offences prevention order 5 years ./prohibition_order_mr_gregory_worwood.pdf- Forfeiture and destruction computer equipment seized. ./prohibition_order_mr_gregory_worwood.pdf- ./prohibition_order_mr_gregory_worwood.pdf-Offence: Possessing an indecent photograph or Pseudo-photograph of a child ./prohibition_order_mr_gregory_worwood.pdf- on 27/05/08 - 22/09/11 (Criminal Justice Act 1988 s.160) ./prohibition_order_mr_gregory_worwood.pdf-Court: Wolverhampton Crown Court on 17/07/2012 ./prohibition_order_mr_gregory_worwood.pdf-Sentence: Imprisonment 18 months, Sex offenders notice 10 years; Disqualified ./prohibition_order_mr_gregory_worwood.pdf: from working with children, sexual offences prevention order 5 years ./prohibition_order_mr_gregory_worwood.pdf- Forfeiture and destruction computer equipment seized. ./prohibition_order_mr_gregory_worwood.pdf- ./prohibition_order_mr_gregory_worwood.pdf-Offence: Possessing an indecent photograph or Pseudo-photograph of a child ./prohibition_order_mr_gregory_worwood.pdf- on 27/05/08 - 22/09/11 (Criminal Justice Act 1988 s.160) ./prohibition_order_mr_gregory_worwood.pdf-Court: Wolverhampton Crown Court on 17/07/2012 ./prohibition_order_mr_gregory_worwood.pdf-Sentence: Imprisonment 18 months, Sex offenders notice 10 years; Disqualified ./prohibition_order_mr_gregory_worwood.pdf: from working with children, sexual offences prevention order 5 years ./prohibition_order_mr_gregory_worwood.pdf- Forfeiture and destruction computer equipment seized. ./prohibition_order_mr_gregory_worwood.pdf- ./prohibition_order_mr_gregory_worwood.pdf-Offence: Possessing an indecent photograph or Pseudo-photograph of a child ./prohibition_order_mr_gregory_worwood.pdf- on 27/05/08 - 22/09/11 (Criminal Justice Act 1988 s.160) ./prohibition_order_mr_gregory_worwood.pdf-Court: Wolverhampton Crown Court on 17/07/2012 ./prohibition_order_mr_gregory_worwood.pdf-Sentence: Imprisonment 18 months, Sex offenders notice 10 years; Disqualified ./prohibition_order_mr_gregory_worwood.pdf: from working with children, sexual offences prevention order 5 years ./prohibition_order_mr_gregory_worwood.pdf- Forfeiture and destruction computer equipment seized. ./prohibition_order_mr_gregory_worwood.pdf- ./prohibition_order_mr_gregory_worwood.pdf-Offence: Possessing an indecent photograph or Pseudo-photograph of a child ./prohibition_order_mr_gregory_worwood.pdf- on 27/05/08 - 22/09/11 (Criminal Justice Act 1988 s.160) ./prohibition_order_mr_gregory_worwood.pdf-Court: Wolverhampton Crown Court on 17/07/2012 ./prohibition_order_mr_gregory_worwood.pdf-Sentence: Imprisonment 18 months, Sex offenders notice 10 years; Disqualified ./prohibition_order_mr_gregory_worwood.pdf: from working with children, sexual offences prevention order 5 years ./prohibition_order_mr_gregory_worwood.pdf- Forfeiture and destruction computer equipment seized. ./prohibition_order_mr_gregory_worwood.pdf- ./prohibition_order_mr_gregory_worwood.pdf-Offence: Possessing an indecent photograph or Pseudo-photograph of a child ./prohibition_order_mr_gregory_worwood.pdf- on 27/05/08 - 22/09/11 (Criminal Justice Act 1988 s.160) ./prohibition_order_mr_gregory_worwood.pdf-Court: Wolverhampton Crown Court on 17/07/2012 ./prohibition_order_mr_gregory_worwood.pdf-Sentence: Imprisonment 18 months, Sex offenders notice 10 years; Disqualified ./prohibition_order_mr_gregory_worwood.pdf: from working with children, sexual offences prevention order 5 years ./prohibition_order_mr_gregory_worwood.pdf- Forfeiture and destruction computer equipment seized. ./prohibition_order_mr_gregory_worwood.pdf- ./prohibition_order_mr_gregory_worwood.pdf-Offence: Possessing an indecent photograph or Pseudo-photograph of a child ./prohibition_order_mr_gregory_worwood.pdf- on 27/05/08 - 22/09/11 (Criminal Justice Act 1988 s.160) ./prohibition_order_mr_gregory_worwood.pdf-Court: Wolverhampton Crown Court on 17/07/2012 ./prohibition_order_mr_gregory_worwood.pdf-Sentence: Imprisonment 18 months, Sex offenders notice 10 years; Disqualified ./prohibition_order_mr_gregory_worwood.pdf: from working with children, sexual offences prevention order 5 years ./prohibition_order_mr_gregory_worwood.pdf- Forfeiture and destruction computer equipment seized. ./prohibition_order_mr_gregory_worwood.pdf- -- ./prohibition_order_mr_gregory_worwood.pdf- 3 ./prohibition_order_mr_gregory_worwood.pdf- ./prohibition_order_mr_gregory_worwood.pdf- ./prohibition_order_mr_gregory_worwood.pdf- ./prohibition_order_mr_gregory_worwood.pdf-Offence: Distributing indecent photograph or Pseudo-photograph of children on ./prohibition_order_mr_gregory_worwood.pdf- 28/04/11 (Protection of Children Act 1978 s.1) ./prohibition_order_mr_gregory_worwood.pdf-Court: Wolverhampton Crown Court on 17/07/2012 ./prohibition_order_mr_gregory_worwood.pdf-Sentence: Imprisonment 18 months, Sex offenders notice 10 years; Disqualified ./prohibition_order_mr_gregory_worwood.pdf: from working with children, sexual offences prevention order 5 years ./prohibition_order_mr_gregory_worwood.pdf- Forfeiture and destruction computer equipment seized. ./prohibition_order_mr_gregory_worwood.pdf- ./prohibition_order_mr_gregory_worwood.pdf-Mr Worwood signed a Statement of Agreed Facts in which he stated that he ./prohibition_order_mr_gregory_worwood.pdf-admitted the particulars of the allegation and that they amounted to Conviction of ./prohibition_order_mr_gregory_worwood.pdf-Relevant Offences. ./prohibition_order_mr_gregory_worwood.pdf- ./prohibition_order_mr_gregory_worwood.pdf-C. Summary of Evidence ./prohibition_order_mr_gregory_worwood.pdf- ./prohibition_order_mr_gregory_worwood.pdf-In advance of the meeting the Panel received a bundle of documents which ./prohibition_order_mr_gregory_worwood.pdf-included:- -- ./prohibition_order_mr_gregory_worwood.pdf- ./prohibition_order_mr_gregory_worwood.pdf-Findings of fact ./prohibition_order_mr_gregory_worwood.pdf- ./prohibition_order_mr_gregory_worwood.pdf-Mr Worwood admits the facts of the allegation, namely that he has been convicted of ./prohibition_order_mr_gregory_worwood.pdf-the following offences: ./prohibition_order_mr_gregory_worwood.pdf- ./prohibition_order_mr_gregory_worwood.pdf-Offence: Possessing an indecent photograph or Pseudo-photograph of a child ./prohibition_order_mr_gregory_worwood.pdf- on 27/05/08 - 22/09/11 (Criminal Justice Act 1988 s.160) ./prohibition_order_mr_gregory_worwood.pdf-Court: Wolverhampton Crown Court on 17/07/2012 ./prohibition_order_mr_gregory_worwood.pdf-Sentence: Imprisonment 18 months, Sex offenders notice 10 years; Disqualified ./prohibition_order_mr_gregory_worwood.pdf: from working with children, sexual offences prevention order 5 years ./prohibition_order_mr_gregory_worwood.pdf- Forfeiture and destruction computer equipment seized. ./prohibition_order_mr_gregory_worwood.pdf- ./prohibition_order_mr_gregory_worwood.pdf-Offence: Possessing an indecent photograph or Pseudo-photograph of a child ./prohibition_order_mr_gregory_worwood.pdf- on 27/05/08 - 22/09/11 (Criminal Justice Act 1988 s.160) ./prohibition_order_mr_gregory_worwood.pdf-Court: Wolverhampton Crown Court on 17/07/2012 ./prohibition_order_mr_gregory_worwood.pdf-Sentence: Imprisonment 18 months, Sex offenders notice 10 years; Disqualified ./prohibition_order_mr_gregory_worwood.pdf: from working with children, sexual offences prevention order 5 years ./prohibition_order_mr_gregory_worwood.pdf- Forfeiture and destruction computer equipment seized. ./prohibition_order_mr_gregory_worwood.pdf- -- ./prohibition_order_mr_gregory_worwood.pdf- 4 ./prohibition_order_mr_gregory_worwood.pdf- ./prohibition_order_mr_gregory_worwood.pdf- ./prohibition_order_mr_gregory_worwood.pdf-Offence: Possessing an indecent photograph or Pseudo-photograph of a child ./prohibition_order_mr_gregory_worwood.pdf- on 27/05/08 - 22/09/11 (Criminal Justice Act 1988 s.160) ./prohibition_order_mr_gregory_worwood.pdf-Court: Wolverhampton Crown Court on 17/07/2012 ./prohibition_order_mr_gregory_worwood.pdf-Sentence: Imprisonment 18 months, Sex offenders notice 10 years; Disqualified ./prohibition_order_mr_gregory_worwood.pdf: from working with children, sexual offences prevention order 5 years ./prohibition_order_mr_gregory_worwood.pdf- Forfeiture and destruction computer equipment seized. ./prohibition_order_mr_gregory_worwood.pdf- ./prohibition_order_mr_gregory_worwood.pdf-Offence: Possessing an indecent photograph or Pseudo-photograph of a child ./prohibition_order_mr_gregory_worwood.pdf- on 27/05/08 - 22/09/11 (Criminal Justice Act 1988 s.160) ./prohibition_order_mr_gregory_worwood.pdf-Court: Wolverhampton Crown Court on 17/07/2012 ./prohibition_order_mr_gregory_worwood.pdf-Sentence: Imprisonment 18 months, Sex offenders notice 10 years; Disqualified ./prohibition_order_mr_gregory_worwood.pdf: from working with children, sexual offences prevention order 5 years ./prohibition_order_mr_gregory_worwood.pdf- Forfeiture and destruction computer equipment seized. ./prohibition_order_mr_gregory_worwood.pdf- ./prohibition_order_mr_gregory_worwood.pdf-Offence: Possessing an indecent photograph or Pseudo-photograph of a child ./prohibition_order_mr_gregory_worwood.pdf- on 27/05/08 - 22/09/11 (Criminal Justice Act 1988 s.160) ./prohibition_order_mr_gregory_worwood.pdf-Court: Wolverhampton Crown Court on 17/07/2012 ./prohibition_order_mr_gregory_worwood.pdf-Sentence: Imprisonment 18 months, Sex offenders notice 10 years; Disqualified ./prohibition_order_mr_gregory_worwood.pdf: from working with children, sexual offences prevention order 5 years ./prohibition_order_mr_gregory_worwood.pdf- Forfeiture and destruction computer equipment seized. ./prohibition_order_mr_gregory_worwood.pdf- ./prohibition_order_mr_gregory_worwood.pdf-Offence: Possessing an indecent photograph or Pseudo-photograph of a child ./prohibition_order_mr_gregory_worwood.pdf- on 27/05/08 - 22/09/11 (Criminal Justice Act 1988 s.160) ./prohibition_order_mr_gregory_worwood.pdf-Court: Wolverhampton Crown Court on 17/07/2012 ./prohibition_order_mr_gregory_worwood.pdf-Sentence: Imprisonment 18 months, Sex offenders notice 10 years; Disqualified ./prohibition_order_mr_gregory_worwood.pdf: from working with children, sexual offences prevention order 5 years ./prohibition_order_mr_gregory_worwood.pdf- Forfeiture and destruction computer equipment seized. ./prohibition_order_mr_gregory_worwood.pdf- ./prohibition_order_mr_gregory_worwood.pdf-Offence: Possessing an indecent photograph or Pseudo-photograph of a child ./prohibition_order_mr_gregory_worwood.pdf- on 27/05/08 - 22/09/11 (Criminal Justice Act 1988 s.160) ./prohibition_order_mr_gregory_worwood.pdf-Court: Wolverhampton Crown Court on 17/07/2012 ./prohibition_order_mr_gregory_worwood.pdf-Sentence: Imprisonment 18 months, Sex offenders notice 10 years; Disqualified ./prohibition_order_mr_gregory_worwood.pdf: from working with children, sexual offences prevention order 5 years ./prohibition_order_mr_gregory_worwood.pdf- Forfeiture and destruction computer equipment seized. ./prohibition_order_mr_gregory_worwood.pdf- ./prohibition_order_mr_gregory_worwood.pdf-Offence: Possessing an indecent photograph or Pseudo-photograph of a child ./prohibition_order_mr_gregory_worwood.pdf- on 27/05/08 - 22/09/11 (Criminal Justice Act 1988 s.160) ./prohibition_order_mr_gregory_worwood.pdf-Court: Wolverhampton Crown Court on 17/07/2012 ./prohibition_order_mr_gregory_worwood.pdf-Sentence: Imprisonment 18 months, Sex offenders notice 10 years; Disqualified ./prohibition_order_mr_gregory_worwood.pdf: from working with children, sexual offences prevention order 5 years ./prohibition_order_mr_gregory_worwood.pdf- Forfeiture and destruction computer equipment seized. ./prohibition_order_mr_gregory_worwood.pdf- ./prohibition_order_mr_gregory_worwood.pdf-Offence: Possessing an indecent photograph or Pseudo-photograph of a child ./prohibition_order_mr_gregory_worwood.pdf- on 27/05/08 - 22/09/11 (Criminal Justice Act 1988 s.160) ./prohibition_order_mr_gregory_worwood.pdf-Court: Wolverhampton Crown Court on 17/07/2012 ./prohibition_order_mr_gregory_worwood.pdf-Sentence: Imprisonment 18 months, Sex offenders notice 10 years; Disqualified ./prohibition_order_mr_gregory_worwood.pdf: from working with children, sexual offences prevention order 5 years ./prohibition_order_mr_gregory_worwood.pdf- Forfeiture and destruction computer equipment seized. ./prohibition_order_mr_gregory_worwood.pdf- -- ./prohibition_order_mr_gregory_worwood.pdf- 5 ./prohibition_order_mr_gregory_worwood.pdf- ./prohibition_order_mr_gregory_worwood.pdf- ./prohibition_order_mr_gregory_worwood.pdf-Offence: Distributing indecent photograph or Pseudo-photograph of children on ./prohibition_order_mr_gregory_worwood.pdf- 28/04/11 (Protection of Children Act 1978 s.1) ./prohibition_order_mr_gregory_worwood.pdf-Court: Wolverhampton Crown Court on 17/07/2012 ./prohibition_order_mr_gregory_worwood.pdf-Sentence: Imprisonment 18 months, Sex offenders notice 10 years; Disqualified ./prohibition_order_mr_gregory_worwood.pdf: from working with children, sexual offences prevention order 5 years ./prohibition_order_mr_gregory_worwood.pdf- Forfeiture and destruction computer equipment seized. ./prohibition_order_mr_gregory_worwood.pdf- ./prohibition_order_mr_gregory_worwood.pdf-We find the facts of the allegations proved based on the teacher’s admission, the ./prohibition_order_mr_gregory_worwood.pdf-Statement of Agreed Facts, the PNC Printout and the Certificate of Conviction. ./prohibition_order_mr_gregory_worwood.pdf- ./prohibition_order_mr_gregory_worwood.pdf-Findings as to Conviction of a Relevant Offence ./prohibition_order_mr_gregory_worwood.pdf- ./prohibition_order_mr_gregory_worwood.pdf-Mr Worwood admits that the convictions were for relevant offences. We are satisfied ./prohibition_order_mr_gregory_worwood.pdf-that the convictions were for relevant offences for the following reasons: ./prohibition_order_mr_gregory_worwood.pdf- -- ./prohibition_order_mr_gregory_worwood.pdf- ./prohibition_order_mr_gregory_worwood.pdf-We have carefully considered all of the case papers and recognise that Mr Worwood ./prohibition_order_mr_gregory_worwood.pdf-was compliant and straightforward in his dealings with the school acknowledging at ./prohibition_order_mr_gregory_worwood.pdf-an early stage that he had possessed and shared information over the internet with ./prohibition_order_mr_gregory_worwood.pdf-others. Nonetheless we are very anxious indeed about his conduct and his suitability ./prohibition_order_mr_gregory_worwood.pdf-to return to the profession. ./prohibition_order_mr_gregory_worwood.pdf- ./prohibition_order_mr_gregory_worwood.pdf-The case papers disclose that over a period of more than 3 years Mr Worwood was ./prohibition_order_mr_gregory_worwood.pdf-accessing a huge number of images and videos of children. The images and videos ./prohibition_order_mr_gregory_worwood.pdf-were graded as to their content. In the overall total of 730 images and movies 320 ./prohibition_order_mr_gregory_worwood.pdf:were graded as level 4 thus involving penetrative sexual activity between a child or ./prohibition_order_mr_gregory_worwood.pdf-children or both children and adults. 15 movies were assessed at the highest level ./prohibition_order_mr_gregory_worwood.pdf-showing images of sadism or penetration of, or by, an animal. This was therefore not ./prohibition_order_mr_gregory_worwood.pdf-an isolated aberration on the part of Mr Worwood and we are driven to the ./prohibition_order_mr_gregory_worwood.pdf-conclusion that he cannot be allowed to return to the teaching profession under any ./prohibition_order_mr_gregory_worwood.pdf-circumstances. We have a duty to the public particularly to ensure that pupils with ./prohibition_order_mr_gregory_worwood.pdf-whom he may come into contact in the future must be protected. That consideration ./prohibition_order_mr_gregory_worwood.pdf-is of absolutely paramount importance and we therefore recommend that a ./prohibition_order_mr_gregory_worwood.pdf- ./prohibition_order_mr_huy_chan_truong.pdf- 2 ./prohibition_order_mr_huy_chan_truong.pdf- ./prohibition_order_mr_huy_chan_truong.pdf- ./prohibition_order_mr_huy_chan_truong.pdf-1. During the course of his employment as an Art Teacher at the former St. ./prohibition_order_mr_huy_chan_truong.pdf- Augustine of Canterbury School, Taunton, Somerset, between 2006 and 2007 ./prohibition_order_mr_huy_chan_truong.pdf- he breached the appropriate boundaries of a relationship between teacher ./prohibition_order_mr_huy_chan_truong.pdf- and pupil in respect of his conduct towards Pupil A, in that he kissed her in the ./prohibition_order_mr_huy_chan_truong.pdf- art cupboard. ./prohibition_order_mr_huy_chan_truong.pdf- ./prohibition_order_mr_huy_chan_truong.pdf:2. His conduct as set out at 1 above was sexually motivated. ./prohibition_order_mr_huy_chan_truong.pdf- ./prohibition_order_mr_huy_chan_truong.pdf-It was also alleged that Mr Truong was guilty of unacceptable professional conduct ./prohibition_order_mr_huy_chan_truong.pdf-and/or conduct that may bring the profession into disrepute in that: ./prohibition_order_mr_huy_chan_truong.pdf- ./prohibition_order_mr_huy_chan_truong.pdf-3. During the course of his employment as an Art Teacher at the former St. ./prohibition_order_mr_huy_chan_truong.pdf- Augustine of Canterbury School, Taunton, Somerset, between September ./prohibition_order_mr_huy_chan_truong.pdf- 2006 and June 2008 he breached the appropriate boundaries of a relationship ./prohibition_order_mr_huy_chan_truong.pdf- between teacher and former pupil, in that he engaged in an inappropriate ./prohibition_order_mr_huy_chan_truong.pdf- relationship with Pupil/ex-Pupil B; ./prohibition_order_mr_huy_chan_truong.pdf- ./prohibition_order_mr_huy_chan_truong.pdf:4. His conduct as set out at 3 above was sexually motivated. ./prohibition_order_mr_huy_chan_truong.pdf- ./prohibition_order_mr_huy_chan_truong.pdf-Mr Truong denied particulars 1 and 2 of the first allegations but admitted particulars ./prohibition_order_mr_huy_chan_truong.pdf-3 and 4 of the second allegation. He denied unacceptable professional conduct and/ ./prohibition_order_mr_huy_chan_truong.pdf-or conduct that may bring the profession into disrepute in respect of both allegations. ./prohibition_order_mr_huy_chan_truong.pdf- ./prohibition_order_mr_huy_chan_truong.pdf-C. Preliminary Applications ./prohibition_order_mr_huy_chan_truong.pdf- ./prohibition_order_mr_huy_chan_truong.pdf-Application to admit witness statement as hearsay evidence ./prohibition_order_mr_huy_chan_truong.pdf- ./prohibition_order_mr_huy_chan_truong.pdf-The Presenting Officer applied under paragraphs 4.16 – 4.17 of The Disciplinary -- ./prohibition_order_mr_huy_chan_truong.pdf-attend court on Monday. However due to the nature of the case [Pupil A] is suffering ./prohibition_order_mr_huy_chan_truong.pdf-from marked anxiety symptoms, low mood and flashbacks and therefore is not fit at ./prohibition_order_mr_huy_chan_truong.pdf-this time to attend the court or for the foreseeable future." ./prohibition_order_mr_huy_chan_truong.pdf- ./prohibition_order_mr_huy_chan_truong.pdf-The Presenting Officer stated that it was for these reasons that she was making the ./prohibition_order_mr_huy_chan_truong.pdf-application. She reminded the Panel that under paragraphs 4.16 – 4.17, there was a ./prohibition_order_mr_huy_chan_truong.pdf-power to admit late evidence subject to it being relevant and subject to fairness. On ./prohibition_order_mr_huy_chan_truong.pdf-the latter, she referred the Panel to the factors identified by the Court in the case of ./prohibition_order_mr_huy_chan_truong.pdf-Bonhoeffer v General Medical Council as being relevant when deciding whether it is ./prohibition_order_mr_huy_chan_truong.pdf-fair to allow hearsay evidence to be adduced as the sole evidence in support of an ./prohibition_order_mr_huy_chan_truong.pdf:allegation of a sexual nature. She said that Pupil A was her sole witness in support ./prohibition_order_mr_huy_chan_truong.pdf-of particulars 1 and 2 of the first allegation in this case and it was an allegation of a ./prohibition_order_mr_huy_chan_truong.pdf:sexual nature. She stated that the Court in the Bonhoeffer case stated that a ./prohibition_order_mr_huy_chan_truong.pdf-defendant had no absolute entitlement to cross-examine a witness, even in criminal ./prohibition_order_mr_huy_chan_truong.pdf-proceedings, and that what is fair is not fact specific but requires consideration in the ./prohibition_order_mr_huy_chan_truong.pdf-round of all factors. Further, it is necessary to consider the nature and seriousness of ./prohibition_order_mr_huy_chan_truong.pdf-the allegation together with the consequences for the defendant if the allegation is ./prohibition_order_mr_huy_chan_truong.pdf-found proved. The more serious the allegation, the more astute the Panel has to be ./prohibition_order_mr_huy_chan_truong.pdf-to ensure there is a fair process if the evidence is to be admitted. She submitted that, ./prohibition_order_mr_huy_chan_truong.pdf-in this case, the Panel may feel that any unfairness to Mr Truong could be mitigated ./prohibition_order_mr_huy_chan_truong.pdf-through, firstly, careful advice from the Legal Adviser and, secondly, by Mr Truong ./prohibition_order_mr_huy_chan_truong.pdf-having the opportunity to put forward his own version of events in evidence. ./prohibition_order_mr_huy_chan_truong.pdf- -- ./prohibition_order_mr_huy_chan_truong.pdf-witness is not absolute. It is subject to exceptions and the absence of the witness ./prohibition_order_mr_huy_chan_truong.pdf-through ill-health, as is the situation here, is one such potential exception. The same ./prohibition_order_mr_huy_chan_truong.pdf-applies in disciplinary proceedings. ./prohibition_order_mr_huy_chan_truong.pdf- ./prohibition_order_mr_huy_chan_truong.pdf-We recognise too that the issue of what entails a fair hearing in disciplinary ./prohibition_order_mr_huy_chan_truong.pdf-proceedings is one to be considered in the round having regard to all relevant ./prohibition_order_mr_huy_chan_truong.pdf-factors. ./prohibition_order_mr_huy_chan_truong.pdf- ./prohibition_order_mr_huy_chan_truong.pdf-Particulars 1 and 2 of the first allegation against Mr Truong in this case are that he ./prohibition_order_mr_huy_chan_truong.pdf-breached the appropriate boundaries of a relationship between teacher and pupil by ./prohibition_order_mr_huy_chan_truong.pdf:kissing Pupil A in the art cupboard, and that his conduct was sexually motivated. ./prohibition_order_mr_huy_chan_truong.pdf- ./prohibition_order_mr_huy_chan_truong.pdf-This is a serious allegation and it is one that Mr Truong denies. It is one that if it were ./prohibition_order_mr_huy_chan_truong.pdf-to be found proved would be put at grave risk Mr Truong's future career as a teacher ./prohibition_order_mr_huy_chan_truong.pdf-in that the consequence of the finding might well be that the Secretary of State ./prohibition_order_mr_huy_chan_truong.pdf-makes a Prohibition Order that bars Mr Truong from teaching. ./prohibition_order_mr_huy_chan_truong.pdf- ./prohibition_order_mr_huy_chan_truong.pdf-We recognise that the facts in this case are quite different to those in the Bonhoeffer ./prohibition_order_mr_huy_chan_truong.pdf-case. It is accepted that Kingsley Napley have made all appropriate efforts to get ./prohibition_order_mr_huy_chan_truong.pdf-Pupil A to the hearing to give oral evidence, including by issuing a witness summons. ./prohibition_order_mr_huy_chan_truong.pdf-Her non-attendance is solely due to her ill-health. -- ./prohibition_order_mr_huy_chan_truong.pdf- syndrome was diagnosed. His physical and mental state deteriorated. ./prohibition_order_mr_huy_chan_truong.pdf- ./prohibition_order_mr_huy_chan_truong.pdf- In April 2008, he tried again to return to work but this was not for long. His ./prohibition_order_mr_huy_chan_truong.pdf- home life had collapsed and he was "not in the right place". ./prohibition_order_mr_huy_chan_truong.pdf- ./prohibition_order_mr_huy_chan_truong.pdf- It was around this time, after he left the family home, that he moved to ./prohibition_order_mr_huy_chan_truong.pdf- Weston-Super-Mare and he had contact with Pupil B again. This was after ./prohibition_order_mr_huy_chan_truong.pdf- they had exchanged telephone numbers when she visited the School after ./prohibition_order_mr_huy_chan_truong.pdf- Christmas. ./prohibition_order_mr_huy_chan_truong.pdf- ./prohibition_order_mr_huy_chan_truong.pdf: He had not been sexually attracted to Pupil B while she was a pupil or when ./prohibition_order_mr_huy_chan_truong.pdf- she visited him to collect her art work, although on the later occasion he ./prohibition_order_mr_huy_chan_truong.pdf- supposed he thought some friendship might develop. ./prohibition_order_mr_huy_chan_truong.pdf- -- ./prohibition_order_mr_huy_chan_truong.pdf- 7 ./prohibition_order_mr_huy_chan_truong.pdf- ./prohibition_order_mr_huy_chan_truong.pdf- ./prohibition_order_mr_huy_chan_truong.pdf- The next time he saw Pupil B was when she visited him at his flat in Weston- ./prohibition_order_mr_huy_chan_truong.pdf- Super-Mare in around April 2007. He was very depressed by this time. ./prohibition_order_mr_huy_chan_truong.pdf- ./prohibition_order_mr_huy_chan_truong.pdf- He accepted that she was only 17 years of age at the time they entered into a ./prohibition_order_mr_huy_chan_truong.pdf: sexual relationship and that this was inappropriate. He further accepted that ./prohibition_order_mr_huy_chan_truong.pdf- this damaged the reputation of the profession, that he had a duty of care ./prohibition_order_mr_huy_chan_truong.pdf- towards her, and he abused his position of trust. However, she brought "a ray ./prohibition_order_mr_huy_chan_truong.pdf- of hope" into his life. ./prohibition_order_mr_huy_chan_truong.pdf- ./prohibition_order_mr_huy_chan_truong.pdf- He agreed that he had not told Witness A that Pupil B was in his flat when she ./prohibition_order_mr_huy_chan_truong.pdf- visited but he denied concealing this. They had only just woken up. ./prohibition_order_mr_huy_chan_truong.pdf- He was not currently teaching and he had no intention of ever returning to ./prohibition_order_mr_huy_chan_truong.pdf- teaching. ./prohibition_order_mr_huy_chan_truong.pdf- ./prohibition_order_mr_huy_chan_truong.pdf- Teaching had been an important part of his life but it had also been a cause of -- ./prohibition_order_mr_huy_chan_truong.pdf- The School had arranged for him to see an Occupational Health doctor and ./prohibition_order_mr_huy_chan_truong.pdf- he had been referred for counselling. ./prohibition_order_mr_huy_chan_truong.pdf- ./prohibition_order_mr_huy_chan_truong.pdf-Address in mitigation ./prohibition_order_mr_huy_chan_truong.pdf- ./prohibition_order_mr_huy_chan_truong.pdf-After the Panel had announced its findings of fact and of unacceptable professional ./prohibition_order_mr_huy_chan_truong.pdf-conduct and/or conduct that may bring the profession into disrepute, Mr Menear ./prohibition_order_mr_huy_chan_truong.pdf-addressed the Panel in mitigation. He made the following points: ./prohibition_order_mr_huy_chan_truong.pdf- ./prohibition_order_mr_huy_chan_truong.pdf- Mr Truong was only technically still employed by the School at the time he ./prohibition_order_mr_huy_chan_truong.pdf: entered into a sexual relationship with Pupil B in that he was off work sick ./prohibition_order_mr_huy_chan_truong.pdf- from that time until his formal resignation took effect in November 2008. ./prohibition_order_mr_huy_chan_truong.pdf- ./prohibition_order_mr_huy_chan_truong.pdf- Mr Truong did not pose a risk to pupils. He was not a person who regularly ./prohibition_order_mr_huy_chan_truong.pdf- sought this type of relationship. Further, his relationship with Pupil B was still ./prohibition_order_mr_huy_chan_truong.pdf- continuing. ./prohibition_order_mr_huy_chan_truong.pdf- ./prohibition_order_mr_huy_chan_truong.pdf-In answer to the Panel, Mr Menear stated that he was not in a position to provide the ./prohibition_order_mr_huy_chan_truong.pdf-Panel with any independent medical evidence. ./prohibition_order_mr_huy_chan_truong.pdf- -- ./prohibition_order_mr_huy_chan_truong.pdf-start of the hearing. ./prohibition_order_mr_huy_chan_truong.pdf- ./prohibition_order_mr_huy_chan_truong.pdf-Between April 2004 and November 2008, Mr Truong was employed as the Head of ./prohibition_order_mr_huy_chan_truong.pdf-Art at St Augustine of Canterbury School in Taunton. It is alleged that during his time ./prohibition_order_mr_huy_chan_truong.pdf-at the School he breached the appropriate boundaries of a teacher – pupil ./prohibition_order_mr_huy_chan_truong.pdf-relationship in respect of two students. The first was Pupil A, whom Mr Truong taught ./prohibition_order_mr_huy_chan_truong.pdf-for GCSE Art. It is alleged that he kissed her in the art cupboard at the School in ./prohibition_order_mr_huy_chan_truong.pdf-around May 2006, when she was 15 years of age. He denies the allegation. ./prohibition_order_mr_huy_chan_truong.pdf- ./prohibition_order_mr_huy_chan_truong.pdf-Other, more serious allegations were previously made against Mr Truong in relation ./prohibition_order_mr_huy_chan_truong.pdf:to Pupil A, namely that they had a sexual relationship prior to her sixteenth birthday, ./prohibition_order_mr_huy_chan_truong.pdf-and these were the subject of criminal proceedings. Mr Truong was acquitted of all ./prohibition_order_mr_huy_chan_truong.pdf-the charges brought against him following a fully contested Crown Court trial, during ./prohibition_order_mr_huy_chan_truong.pdf-which Pupil A gave evidence. Those matters have not been the subject of the case ./prohibition_order_mr_huy_chan_truong.pdf-against him in these proceedings. ./prohibition_order_mr_huy_chan_truong.pdf- ./prohibition_order_mr_huy_chan_truong.pdf-The second student was Pupil B. She was also taught GCSE Art by Mr Truong. She ./prohibition_order_mr_huy_chan_truong.pdf-completed that course in the summer of 2007, when she left the School, aged 16, ./prohibition_order_mr_huy_chan_truong.pdf-having had her sixteenth birthday the previous autumn. It is alleged, and admitted by ./prohibition_order_mr_huy_chan_truong.pdf:Mr Truong, that he entered into an inappropriate, sexual relationship with Pupil B ./prohibition_order_mr_huy_chan_truong.pdf-from around April 2008, and thereby breached the appropriate boundaries of a ./prohibition_order_mr_huy_chan_truong.pdf-relationship between a teacher and a former pupil. ./prohibition_order_mr_huy_chan_truong.pdf- ./prohibition_order_mr_huy_chan_truong.pdf-This relationship occurred following a meeting between the two of them at the School ./prohibition_order_mr_huy_chan_truong.pdf-after she had left, when Pupil B went back to collect her GCSE Art course work. ./prohibition_order_mr_huy_chan_truong.pdf-They chatted and during their conversation he shared with her that he was taking ./prohibition_order_mr_huy_chan_truong.pdf-anti-depressants and that he had marital difficulties. She gave him a hug and they ./prohibition_order_mr_huy_chan_truong.pdf-exchanged telephone numbers in order to keep in contact. Mr Truong had moved to ./prohibition_order_mr_huy_chan_truong.pdf-Weston-Super-Mare by April 2008 but he remained employed by the School. He ./prohibition_order_mr_huy_chan_truong.pdf-resigned with effect from 30 November 2008, although he had been off work sick for -- ./prohibition_order_mr_huy_chan_truong.pdf- ./prohibition_order_mr_huy_chan_truong.pdf-We have found the following particulars of the first allegation against Mr Truong not ./prohibition_order_mr_huy_chan_truong.pdf-proven: ./prohibition_order_mr_huy_chan_truong.pdf- ./prohibition_order_mr_huy_chan_truong.pdf-Particular 1 – "During the course of your employment as an Art Teacher at the ./prohibition_order_mr_huy_chan_truong.pdf-former St Augustine of Canterbury School, Taunton, Somerset, between 2006 and ./prohibition_order_mr_huy_chan_truong.pdf-2007 you breached the appropriate boundaries of a relationship between teacher ./prohibition_order_mr_huy_chan_truong.pdf-and pupil in respect of your conduct towards Pupil A, in that you kissed her in the art ./prohibition_order_mr_huy_chan_truong.pdf-cupboard"; ./prohibition_order_mr_huy_chan_truong.pdf- ./prohibition_order_mr_huy_chan_truong.pdf:Particular 2 – "Your conduct as set out at 1 above was sexually motivated"; ./prohibition_order_mr_huy_chan_truong.pdf- ./prohibition_order_mr_huy_chan_truong.pdf-As we have already stated, the Presenting Officer presented no evidence in support ./prohibition_order_mr_huy_chan_truong.pdf-of these Particulars. ./prohibition_order_mr_huy_chan_truong.pdf- ./prohibition_order_mr_huy_chan_truong.pdf-We have found the following particulars of the second allegation against Mr Truong ./prohibition_order_mr_huy_chan_truong.pdf-proven: ./prohibition_order_mr_huy_chan_truong.pdf- ./prohibition_order_mr_huy_chan_truong.pdf-Particular 3 – "During the course of your employment as an Art Teacher at the ./prohibition_order_mr_huy_chan_truong.pdf-former St Augustine of Canterbury School, Taunton, Somerset, between September ./prohibition_order_mr_huy_chan_truong.pdf-2006 and June 2008 you breached the appropriate boundaries of a relationship -- ./prohibition_order_mr_huy_chan_truong.pdf- 10 ./prohibition_order_mr_huy_chan_truong.pdf- ./prohibition_order_mr_huy_chan_truong.pdf- ./prohibition_order_mr_huy_chan_truong.pdf: Particular 4 – "Your conduct as set out at 3 above was sexually motivated". ./prohibition_order_mr_huy_chan_truong.pdf- ./prohibition_order_mr_huy_chan_truong.pdf- Our reasons are that both these Particulars have been admitted by Mr Truong. In ./prohibition_order_mr_huy_chan_truong.pdf- addition, we have received, and accept, the evidence of Witness A regarding ./prohibition_order_mr_huy_chan_truong.pdf- what she saw when she visited Mr Truong's flat on 13 June 2008. We also have her ./prohibition_order_mr_huy_chan_truong.pdf- record of what she was told by Pupil B and a copy of Pupil B's subsequent police ./prohibition_order_mr_huy_chan_truong.pdf- witness statement. There are some differences between Pupil B's two accounts, and ./prohibition_order_mr_huy_chan_truong.pdf- there has been some confusion on Pupil B's part as to when she left the School. ./prohibition_order_mr_huy_chan_truong.pdf- However, we have been able to resolve the position on dates and Pupil B ./prohibition_order_mr_huy_chan_truong.pdf: confirmed in her police witness statement that she was in a sexual relationship ./prohibition_order_mr_huy_chan_truong.pdf- with Mr Truong by no later than April 2008. ./prohibition_order_mr_huy_chan_truong.pdf- ./prohibition_order_mr_huy_chan_truong.pdf- Findings as to Unacceptable Professional Conduct and Conduct that may bring the ./prohibition_order_mr_huy_chan_truong.pdf- Profession into disrepute ./prohibition_order_mr_huy_chan_truong.pdf- ./prohibition_order_mr_huy_chan_truong.pdf- Having found that Mr Truong breached the appropriate boundaries of a relationship ./prohibition_order_mr_huy_chan_truong.pdf- between teacher and former pupil in that he engaged in an inappropriate relationship ./prohibition_order_mr_huy_chan_truong.pdf- with Pupil B, we further find that his actions constitute unacceptable professional ./prohibition_order_mr_huy_chan_truong.pdf- conduct and conduct that may bring the profession into disrepute. ./prohibition_order_mr_huy_chan_truong.pdf- ./prohibition_order_mr_huy_chan_truong.pdf- This has been admitted by Mr Truong, but we have nevertheless come to our own ./prohibition_order_mr_huy_chan_truong.pdf- professional judgment as we are required to do. In doing so, we have had regard to ./prohibition_order_mr_huy_chan_truong.pdf- the latest Teachers' Standards as published by the Secretary of State. ./prohibition_order_mr_huy_chan_truong.pdf- ./prohibition_order_mr_huy_chan_truong.pdf- Mr Truong was Pupil B's Art Teacher for three years between 2004 and 2007. The ./prohibition_order_mr_huy_chan_truong.pdf: sexual relationship that developed between them occurred within one year of her ./prohibition_order_mr_huy_chan_truong.pdf- leaving school and when she was still only 17 years of age. He was still a teacher at ./prohibition_order_mr_huy_chan_truong.pdf- the School and he owed her a continuing duty of care. ./prohibition_order_mr_huy_chan_truong.pdf- ./prohibition_order_mr_huy_chan_truong.pdf- Further, their relationship arose directly from the teacher – pupil relationship. Pupil B ./prohibition_order_mr_huy_chan_truong.pdf- visited Mr Truong at the School in his capacity as her former teacher when she went ./prohibition_order_mr_huy_chan_truong.pdf- to collect her Art course work from him. Mr Truong breached appropriate boundaries ./prohibition_order_mr_huy_chan_truong.pdf- on that occasion, notwithstanding that he may have been mentally unwell. He ./prohibition_order_mr_huy_chan_truong.pdf- disclosed details about his personal life that ought not to have been divulged by a ./prohibition_order_mr_huy_chan_truong.pdf- teacher to someone who until recently had been one of his pupils. It led to her giving ./prohibition_order_mr_huy_chan_truong.pdf- him a hug and to an exchange of telephone numbers. It was just three or so months ./prohibition_order_mr_huy_chan_truong.pdf: after that when the relationship between them became sexual. ./prohibition_order_mr_huy_chan_truong.pdf- ./prohibition_order_mr_huy_chan_truong.pdf- In allowing their relationship to develop that far, Mr Truong woefully failed to observe ./prohibition_order_mr_huy_chan_truong.pdf- proper boundaries appropriate to a teacher's professional position. Mr Truong was in ./prohibition_order_mr_huy_chan_truong.pdf- a position of trust and he breached that trust. His misconduct is serious, falling ./prohibition_order_mr_huy_chan_truong.pdf- significantly short of the standard expected of a teacher." ./prohibition_order_mr_huy_chan_truong.pdf- ./prohibition_order_mr_huy_chan_truong.pdf-Panel’s Recommendation to the Secretary of State ./prohibition_order_mr_huy_chan_truong.pdf- ./prohibition_order_mr_huy_chan_truong.pdf- We recommend that a Prohibition Order is appropriate in this case. ./prohibition_order_mr_huy_chan_truong.pdf- -- ./prohibition_order_mr_huy_chan_truong.pdf-and whether a Prohibition Order is a proportionate measure, weighing the public ./prohibition_order_mr_huy_chan_truong.pdf-interest against the private interests of the teacher. ./prohibition_order_mr_huy_chan_truong.pdf- ./prohibition_order_mr_huy_chan_truong.pdf-In this case, the public interest includes the protection of the public, maintenance of ./prohibition_order_mr_huy_chan_truong.pdf-public confidence in the profession, and declaring and upholding proper standards of ./prohibition_order_mr_huy_chan_truong.pdf-conduct. ./prohibition_order_mr_huy_chan_truong.pdf- ./prohibition_order_mr_huy_chan_truong.pdf-We have considered the previous history and character of Mr Truong and whether ./prohibition_order_mr_huy_chan_truong.pdf-there are mitigating circumstances. Mr Menear has put to us in mitigation that, ./prohibition_order_mr_huy_chan_truong.pdf-although Mr Truong was still technically employed by the School at the time he ./prohibition_order_mr_huy_chan_truong.pdf:entered into a sexual relationship with Pupil B, he was on long term sick leave by ./prohibition_order_mr_huy_chan_truong.pdf-that point and he never in fact returned to work prior to his resignation later in 2008. ./prohibition_order_mr_huy_chan_truong.pdf-Further, he pointed out that Mr Truong's relationship with Pupil B is still continuing: it ./prohibition_order_mr_huy_chan_truong.pdf-was therefore a 'one off' instance of falling below the standards expected of a ./prohibition_order_mr_huy_chan_truong.pdf-teacher; and Mr Truong does not pose a continuing threat to pupils. ./prohibition_order_mr_huy_chan_truong.pdf- ./prohibition_order_mr_huy_chan_truong.pdf-No testimonials or references have been provided for Mr Truong and so we are ./prohibition_order_mr_huy_chan_truong.pdf-limited in our ability to form a view as to his history and character beyond what we ./prohibition_order_mr_huy_chan_truong.pdf-were able to ascertain when he gave evidence. ./prohibition_order_mr_huy_chan_truong.pdf- ./prohibition_order_mr_huy_chan_truong.pdf-We acknowledge that Mr Truong's relationship with Pupil B is continuing and that it is ./prohibition_order_mr_huy_chan_truong.pdf-a consensual one. Further, Mr Truong has shown a degree of insight in that he ./prohibition_order_mr_huy_chan_truong.pdf-accepted in cross-examination that in entering into this relationship he breached the ./prohibition_order_mr_huy_chan_truong.pdf-appropriate boundaries between teacher and former pupil and that he abused his ./prohibition_order_mr_huy_chan_truong.pdf-position of trust as a teacher. We recognise too that Mr Truong has told us that he ./prohibition_order_mr_huy_chan_truong.pdf-was suffering from depression at the relevant time. ./prohibition_order_mr_huy_chan_truong.pdf- ./prohibition_order_mr_huy_chan_truong.pdf-Nevertheless, Mr Truong's actions constitute a serious departure from the personal ./prohibition_order_mr_huy_chan_truong.pdf-and professional standards expected of a teacher and had the potential to seriously ./prohibition_order_mr_huy_chan_truong.pdf-affect the well-being of his former pupil. Pupil B was taught by Mr Truong for three ./prohibition_order_mr_huy_chan_truong.pdf:years and their sexual relationship arose directly from their former teacher – pupil ./prohibition_order_mr_huy_chan_truong.pdf-relationship. She went to see him at the School as her former teacher in order to ./prohibition_order_mr_huy_chan_truong.pdf-collect her art work. Appropriate boundaries were crossed when Mr Truong disclosed ./prohibition_order_mr_huy_chan_truong.pdf-details of his private life to her, which elicited her sympathy, and it was only a matter ./prohibition_order_mr_huy_chan_truong.pdf:of months after that when their sexual relationship developed. He was in a position of ./prohibition_order_mr_huy_chan_truong.pdf-trust and he owed her a continuing duty of care. He abused that trust and he failed in ./prohibition_order_mr_huy_chan_truong.pdf-his duty of care. He may have been unwell but he plainly knew what he was doing. ./prohibition_order_mr_huy_chan_truong.pdf-He has also shown no remorse for his actions. In our view, Mr Truong has ./prohibition_order_mr_huy_chan_truong.pdf-demonstrated only limited insight into his misconduct and the reasons for it. No ./prohibition_order_mr_huy_chan_truong.pdf-evidence has been produced of any remedial steps on his part. ./prohibition_order_mr_huy_chan_truong.pdf-For all these reasons, we consider that, on balance, it is appropriate in the public ./prohibition_order_mr_huy_chan_truong.pdf-interest and proportionate to recommend the imposition of a Prohibition Order. ./prohibition_order_mr_huy_chan_truong.pdf- ./prohibition_order_mr_huy_chan_truong.pdf-Further, we recommend that a period of 5 years should elapse before Mr Truong ./prohibition_order_mr_huy_chan_truong.pdf-may be allowed to apply to have his Prohibition Order reviewed. Again, we have had ./prohibition_order_mr_james_paul_kemp.pdf-We have now carefully considered the case before us and have reached a ./prohibition_order_mr_james_paul_kemp.pdf-decision. ./prohibition_order_mr_james_paul_kemp.pdf- ./prohibition_order_mr_james_paul_kemp.pdf-We confirm that we have read all the documents provided in the bundle in ./prohibition_order_mr_james_paul_kemp.pdf-advance of the hearing. ./prohibition_order_mr_james_paul_kemp.pdf- ./prohibition_order_mr_james_paul_kemp.pdf-Summary of the case ./prohibition_order_mr_james_paul_kemp.pdf- ./prohibition_order_mr_james_paul_kemp.pdf-Mr Kemp faced a number of allegations of inappropriate relationships and behaviour ./prohibition_order_mr_james_paul_kemp.pdf-with pupils over the period between 2002 and 2007, as particularised in the ./prohibition_order_mr_james_paul_kemp.pdf:Allegation set out below. No sexual motive was alleged. Mr Kemp did not attend, nor ./prohibition_order_mr_james_paul_kemp.pdf-was he represented. He admitted most of the facts in his undated response to a ./prohibition_order_mr_james_paul_kemp.pdf-proforma Notice to Admit Facts, which was accompanied by a letter dated 22 May ./prohibition_order_mr_james_paul_kemp.pdf-2012, but he disputed the points identified below. ./prohibition_order_mr_james_paul_kemp.pdf- ./prohibition_order_mr_james_paul_kemp.pdf-Findings of fact ./prohibition_order_mr_james_paul_kemp.pdf- ./prohibition_order_mr_james_paul_kemp.pdf-Our findings of fact are as follows: ./prohibition_order_mr_james_paul_kemp.pdf- ./prohibition_order_mr_james_paul_kemp.pdf-We have found the following particulars of the allegation against you proved: ./prohibition_order_mr_james_paul_kemp.pdf- -- ./prohibition_order_mr_james_paul_kemp.pdf-teachers’ standards, in particular social communication with pupils on MSN ./prohibition_order_mr_james_paul_kemp.pdf-messenger and by letter to Pupil A. Not only did these communications serve to blur ./prohibition_order_mr_james_paul_kemp.pdf-the necessary boundaries between teacher and pupils – which exist for the protection ./prohibition_order_mr_james_paul_kemp.pdf-of both parties - but the Panel regards the language and style of communication as ./prohibition_order_mr_james_paul_kemp.pdf-wholly inappropriate for children of any age, but particularly those of primary school ./prohibition_order_mr_james_paul_kemp.pdf-age. Other serious departures were allowing pupils to stay over alone at his house, ./prohibition_order_mr_james_paul_kemp.pdf-and the panel was also concerned about his practice of allowing pupils to hug him at ./prohibition_order_mr_james_paul_kemp.pdf-the end of lessons, and allowing pupils to sit on his lap. This last type of behaviour ./prohibition_order_mr_james_paul_kemp.pdf-could also, in the Panel’s view, be regarded as an abuse of his position of trust. ./prohibition_order_mr_james_paul_kemp.pdf- ./prohibition_order_mr_james_paul_kemp.pdf:The Panel acknowledges that there is no evidence of any sexual intent on the part of ./prohibition_order_mr_james_paul_kemp.pdf-Mr Kemp, and it is noteworthy that none of the communications, which the Panel has ./prohibition_order_mr_james_paul_kemp.pdf:seen, contain any sexual content. There is also no convincing evidence that ./prohibition_order_mr_james_paul_kemp.pdf-vulnerable pupils were targeted or that any pupils suffered identifiable harm. This ./prohibition_order_mr_james_paul_kemp.pdf-case is, rather, about Mr Kemp’s serious lack of judgment. ./prohibition_order_mr_james_paul_kemp.pdf- ./prohibition_order_mr_james_paul_kemp.pdf-Taking into account that Mr Kemp had received an oral and written warning from his ./prohibition_order_mr_james_paul_kemp.pdf-Head Teacher about some aspects of his conduct in 2004, and had also been trained ./prohibition_order_mr_james_paul_kemp.pdf-on the Guidance issued the following year, but had nevertheless continued his ./prohibition_order_mr_james_paul_kemp.pdf-behaviour, the Panel has concluded that the maintenance of public confidence in the ./prohibition_order_mr_james_paul_kemp.pdf-profession and the need to declare and uphold standards of conduct and behaviour ./prohibition_order_mr_james_paul_kemp.pdf-within the profession requires a recommendation for a prohibition order. It considers ./prohibition_order_mr_james_paul_kemp.pdf-that in the circumstances of this case, such a recommendation is necessary and ./Prohibition_order_Mr_James_Stephen_Mullen.pdf-bundle in advance of the hearing. The Panel also read Mr Mullen’s letter to the ./Prohibition_order_Mr_James_Stephen_Mullen.pdf-Presenting Officer requesting a “stay” of the proceedings. ./Prohibition_order_Mr_James_Stephen_Mullen.pdf- ./Prohibition_order_Mr_James_Stephen_Mullen.pdf-Summary of Evidence ./Prohibition_order_Mr_James_Stephen_Mullen.pdf- ./Prohibition_order_Mr_James_Stephen_Mullen.pdf-Mr Mullen was employed at St Edmund’s College as a Part-time History Teacher and ./Prohibition_order_Mr_James_Stephen_Mullen.pdf-worked as a Boarding Tutor from 1 September 2012 until 27 February 2013. On 26 ./Prohibition_order_Mr_James_Stephen_Mullen.pdf-February 2013 Mr Mullen was seen, by a fellow member of staff at St Edmund’s College, ./Prohibition_order_Mr_James_Stephen_Mullen.pdf-lying on the floor of the music room with Student A. He was seen kissing Student A and ./Prohibition_order_Mr_James_Stephen_Mullen.pdf-touching her chest area over her clothing. On 27 February 2013, Mr Mullen was arrested ./Prohibition_order_Mr_James_Stephen_Mullen.pdf:on suspicion of having committed sexual abuse and abuse of a position of trust towards a ./Prohibition_order_Mr_James_Stephen_Mullen.pdf-female aged between 13-17. On 23 July 2013, after pleading guilty, Mr Mullen was ./Prohibition_order_Mr_James_Stephen_Mullen.pdf-convicted of three offences of Sexual Activity with a female child between 13-17 years ./Prohibition_order_Mr_James_Stephen_Mullen.pdf-old; whilst in a position of trust; when he did not reasonably believe that the victim was ./Prohibition_order_Mr_James_Stephen_Mullen.pdf-over 18. These offences took place during the period of 14 February 2013 to 26 ./Prohibition_order_Mr_James_Stephen_Mullen.pdf-February 2013. ./Prohibition_order_Mr_James_Stephen_Mullen.pdf- ./Prohibition_order_Mr_James_Stephen_Mullen.pdf-Findings of Fact ./Prohibition_order_Mr_James_Stephen_Mullen.pdf-Our findings of fact are as follows: ./Prohibition_order_Mr_James_Stephen_Mullen.pdf- ./Prohibition_order_Mr_James_Stephen_Mullen.pdf-The Panel has found the following particulars of the allegations against you proven, for ./Prohibition_order_Mr_James_Stephen_Mullen.pdf-these reasons: ./Prohibition_order_Mr_James_Stephen_Mullen.pdf- ./Prohibition_order_Mr_James_Stephen_Mullen.pdf-1. On 23 July 2013 you were convicted at St Albans Crown Court of three ./Prohibition_order_Mr_James_Stephen_Mullen.pdf-offences of Sexual Activity with a female child between 13-17 years old; whilst in a ./Prohibition_order_Mr_James_Stephen_Mullen.pdf-position of trust; when you did not reasonably believe that the victim was over 18. ./Prohibition_order_Mr_James_Stephen_Mullen.pdf-This is contrary to section 16 (1) of the Sexual Offences Act 2003. ./Prohibition_order_Mr_James_Stephen_Mullen.pdf- ./Prohibition_order_Mr_James_Stephen_Mullen.pdf-In relation to this amended allegation, the Panel has seen the Court record of St Albans ./Prohibition_order_Mr_James_Stephen_Mullen.pdf-Crown Court which confirms that Mr Mullen was convicted upon his own confession upon ./Prohibition_order_Mr_James_Stephen_Mullen.pdf:indictment of three offences of sexual activity with a female 13-17 which was an abuse of ./Prohibition_order_Mr_James_Stephen_Mullen.pdf-a position of trust. In relation to this amended allegation, the Panel has seen the PNC ./Prohibition_order_Mr_James_Stephen_Mullen.pdf-record contained within the bundle of documents which confirms that such offences were ./Prohibition_order_Mr_James_Stephen_Mullen.pdf-contrary to section 16(1)(e)(ii) of the Sexual Offences Act (“the Act”). The Panel were ./Prohibition_order_Mr_James_Stephen_Mullen.pdf-mindful of the Presenting Officer submissions that the error in the section of the Act ./Prohibition_order_Mr_James_Stephen_Mullen.pdf-referred to in this allegation has arisen from incorrect data in the PNC record. ./Prohibition_order_Mr_James_Stephen_Mullen.pdf- ./Prohibition_order_Mr_James_Stephen_Mullen.pdf- ./Prohibition_order_Mr_James_Stephen_Mullen.pdf- ./Prohibition_order_Mr_James_Stephen_Mullen.pdf- ./Prohibition_order_Mr_James_Stephen_Mullen.pdf- 8 -- ./Prohibition_order_Mr_James_Stephen_Mullen.pdf-offence could affect the public confidence in the teaching profession given the influence ./Prohibition_order_Mr_James_Stephen_Mullen.pdf-that teachers may have on pupils, parents and others in the community. ./Prohibition_order_Mr_James_Stephen_Mullen.pdf- ./Prohibition_order_Mr_James_Stephen_Mullen.pdf-The Panel has noted that Mr Mullen’s behaviour has ultimately led to him receiving a ./Prohibition_order_Mr_James_Stephen_Mullen.pdf-sentence of imprisonment for 8 months which is indicative of the seriousness of the ./Prohibition_order_Mr_James_Stephen_Mullen.pdf-offences committed. ./Prohibition_order_Mr_James_Stephen_Mullen.pdf- ./Prohibition_order_Mr_James_Stephen_Mullen.pdf-The Panel notes that Mr Mullen’s actions took place in the school environment with a ./Prohibition_order_Mr_James_Stephen_Mullen.pdf-pupil of St Edmund’s College. Such actions were relevant to teaching, working with ./Prohibition_order_Mr_James_Stephen_Mullen.pdf-children and/or working in an education setting as he has admitted kissing Student A. ./Prohibition_order_Mr_James_Stephen_Mullen.pdf:The Panel considers Mr Mullen’s actions amount to sexual misconduct which is defined ./Prohibition_order_Mr_James_Stephen_Mullen.pdf:in the Guidance as actions that are sexually motivated or of a sexual nature and/or that ./Prohibition_order_Mr_James_Stephen_Mullen.pdf-use or exploit the trust, knowledge or influence derived from Mr Mullen’s professional ./Prohibition_order_Mr_James_Stephen_Mullen.pdf-position. The Panel note that the Guidance indicates that it is likely that an offence that ./Prohibition_order_Mr_James_Stephen_Mullen.pdf:led to a term of imprisonment or involves sexual activity will be considered a relevant ./Prohibition_order_Mr_James_Stephen_Mullen.pdf-offence. Both of these criteria are met by the facts relating to this case and the Panel ./Prohibition_order_Mr_James_Stephen_Mullen.pdf-sees no reason to depart from the Guidance. ./Prohibition_order_Mr_James_Stephen_Mullen.pdf- ./Prohibition_order_Mr_James_Stephen_Mullen.pdf-The Panel has found the seriousness of the offending behaviour that led to the conviction ./Prohibition_order_Mr_James_Stephen_Mullen.pdf-is relevant to Mr Mullen’s ongoing suitability to teach. The Panel considers that a finding ./Prohibition_order_Mr_James_Stephen_Mullen.pdf-that these convictions are relevant offences is necessary to reaffirm clear standards of ./Prohibition_order_Mr_James_Stephen_Mullen.pdf-conduct so as to maintain public confidence in the teaching profession. ./Prohibition_order_Mr_James_Stephen_Mullen.pdf- ./Prohibition_order_Mr_James_Stephen_Mullen.pdf- ./Prohibition_order_Mr_James_Stephen_Mullen.pdf-Panel’s recommendation to the Secretary of State -- ./Prohibition_order_Mr_James_Stephen_Mullen.pdf-measure, and whether it is in the public interest to do so. Prohibition Orders should not ./Prohibition_order_Mr_James_Stephen_Mullen.pdf-be given in order to be punitive, or to show that blame has been apportioned, although ./Prohibition_order_Mr_James_Stephen_Mullen.pdf-they are likely to have punitive effect. ./Prohibition_order_Mr_James_Stephen_Mullen.pdf- ./Prohibition_order_Mr_James_Stephen_Mullen.pdf-The Panel has considered the particular public interest considerations set out in the ./Prohibition_order_Mr_James_Stephen_Mullen.pdf-Guidance and having done so has found a number of them to be relevant in this case, ./Prohibition_order_Mr_James_Stephen_Mullen.pdf-namely the protection of pupils, the maintenance of public confidence in the profession ./Prohibition_order_Mr_James_Stephen_Mullen.pdf-and declaring and upholding proper standards of conduct. ./Prohibition_order_Mr_James_Stephen_Mullen.pdf- ./Prohibition_order_Mr_James_Stephen_Mullen.pdf-There is a strong public interest consideration in respect of the protection of pupils given ./Prohibition_order_Mr_James_Stephen_Mullen.pdf:the seriousness of the actions which led to three convictions of sexual activity, ie kissing ./Prohibition_order_Mr_James_Stephen_Mullen.pdf-and touching a pupil aged between 13-17 years of age. ./Prohibition_order_Mr_James_Stephen_Mullen.pdf- ./Prohibition_order_Mr_James_Stephen_Mullen.pdf-Similarly, the Panel considers that public confidence in the profession could be ./Prohibition_order_Mr_James_Stephen_Mullen.pdf-significantly weakened if conduct such as that found against Mr Mullen were not treated ./Prohibition_order_Mr_James_Stephen_Mullen.pdf-with the utmost seriousness when regulating the conduct of the profession. ./Prohibition_order_Mr_James_Stephen_Mullen.pdf- ./Prohibition_order_Mr_James_Stephen_Mullen.pdf-The Panel considered that there is a strong public interest in upholding proper standards ./Prohibition_order_Mr_James_Stephen_Mullen.pdf-of conduct in the profession. Mr Mullen’s conduct was far removed from what could be ./Prohibition_order_Mr_James_Stephen_Mullen.pdf-reasonably accepted from a teacher. ./Prohibition_order_Mr_James_Stephen_Mullen.pdf- -- ./Prohibition_order_Mr_James_Stephen_Mullen.pdf-considered carefully whether or not it would be proportionate to impose a Prohibition ./Prohibition_order_Mr_James_Stephen_Mullen.pdf-Order taking into account the effect that this would have on Mr Mullen. In forming a ./Prohibition_order_Mr_James_Stephen_Mullen.pdf-judgement in this respect, the Panel took particular account of the mitigation evidence ./Prohibition_order_Mr_James_Stephen_Mullen.pdf-that was presented to it by Mr Mullen and the submissions of the Presenting Officer. The ./Prohibition_order_Mr_James_Stephen_Mullen.pdf-Presenting Officer indicated that Mr Mullen’s position at St Edmund’s College was his first ./Prohibition_order_Mr_James_Stephen_Mullen.pdf-teaching position and he was not in this role for very long, approximately 5 months. ./Prohibition_order_Mr_James_Stephen_Mullen.pdf-However, the Panel were mindful that even though Mr Mullen had not worked as a ./Prohibition_order_Mr_James_Stephen_Mullen.pdf-teacher for very long, he had received some child protection training and he was aware ./Prohibition_order_Mr_James_Stephen_Mullen.pdf-of St Edmund’s College’s safeguarding procedures. The 2011 version which Mr Mullen ./Prohibition_order_Mr_James_Stephen_Mullen.pdf-confirmed in correspondence he had seen, in addition to the 2012 version indicates that ./Prohibition_order_Mr_James_Stephen_Mullen.pdf:any sexual activity between a member of school staff and a pupil under 18 may be a ./Prohibition_order_Mr_James_Stephen_Mullen.pdf-criminal offence, even if that pupil is over the age of consent. ./Prohibition_order_Mr_James_Stephen_Mullen.pdf- ./Prohibition_order_Mr_James_Stephen_Mullen.pdf-The Panel found Mr Mullen’s explanation of the development of the relationship with ./Prohibition_order_Mr_James_Stephen_Mullen.pdf-Student A went no way towards providing mitigation. ./Prohibition_order_Mr_James_Stephen_Mullen.pdf- ./Prohibition_order_Mr_James_Stephen_Mullen.pdf-The Panel consider that common sense would have suggested to Mr Mullen that his ./Prohibition_order_Mr_James_Stephen_Mullen.pdf-actions towards Student A were inappropriate and an abuse of his position of trust as a ./Prohibition_order_Mr_James_Stephen_Mullen.pdf-teacher. The written representations put forward by Ms Catherine Mullen on his behalf ./Prohibition_order_Mr_James_Stephen_Mullen.pdf-indicates that Mr Mullen was aware that his behaviour had crossed the appropriate ./Prohibition_order_Mr_James_Stephen_Mullen.pdf-professional boundaries. -- ./Prohibition_order_Mr_James_Stephen_Mullen.pdf-Mullen. The Panel took further account of Guidance which suggests that a prohibition ./Prohibition_order_Mr_James_Stephen_Mullen.pdf-order may be appropriate if certain behaviours of a teacher have been proven. In the list ./Prohibition_order_Mr_James_Stephen_Mullen.pdf-of such behaviours are: ./Prohibition_order_Mr_James_Stephen_Mullen.pdf- ./Prohibition_order_Mr_James_Stephen_Mullen.pdf-  serious departure from the personal and professional conduct elements of the ./Prohibition_order_Mr_James_Stephen_Mullen.pdf- teachers’ standards ./Prohibition_order_Mr_James_Stephen_Mullen.pdf-  misconduct seriously affecting the education and/or well being of pupils, and ./Prohibition_order_Mr_James_Stephen_Mullen.pdf- particularly where there is a continuing risk ./Prohibition_order_Mr_James_Stephen_Mullen.pdf-  abuse of position or trust (particularly involving vulnerable pupils) or violation of the ./Prohibition_order_Mr_James_Stephen_Mullen.pdf- rights of pupils ./Prohibition_order_Mr_James_Stephen_Mullen.pdf:  sexual misconduct, eg involving actions that were sexually motivated or of a ./Prohibition_order_Mr_James_Stephen_Mullen.pdf: sexual nature and/or that use or exploit the trust, knowledge or influence derived ./Prohibition_order_Mr_James_Stephen_Mullen.pdf- from the individual’s professional position ./Prohibition_order_Mr_James_Stephen_Mullen.pdf-  the commission of a serious criminal offence, including those that resulted in a ./Prohibition_order_Mr_James_Stephen_Mullen.pdf- conviction or caution, paying particular attention to offences that are ‘relevant ./Prohibition_order_Mr_James_Stephen_Mullen.pdf- matters’ for the purposes of The Police Act 1997 and criminal record disclosures ./Prohibition_order_Mr_James_Stephen_Mullen.pdf-If a person has more than one conviction, then any convictions (including spent ./Prohibition_order_Mr_James_Stephen_Mullen.pdf-convictions) are included under the definition of “relevant matters” for the purposes of the ./Prohibition_order_Mr_James_Stephen_Mullen.pdf-Police Act 1997. ./Prohibition_order_Mr_James_Stephen_Mullen.pdf- ./Prohibition_order_Mr_James_Stephen_Mullen.pdf-Even though there were behaviours that would point to a Prohibition Order being ./Prohibition_order_Mr_James_Stephen_Mullen.pdf-appropriate, the Panel went on to consider whether or not there were sufficient factors to ./Prohibition_order_Mr_James_Stephen_Mullen.pdf-mitigate against a Prohibition Order being an appropriate and proportionate measure to ./Prohibition_order_Mr_James_Stephen_Mullen.pdf-impose, particularly taking into account the nature and severity of the behaviour in this ./Prohibition_order_Mr_James_Stephen_Mullen.pdf-case. The Panel found that Mr Mullen’s conduct which led to his criminal convictions, ./Prohibition_order_Mr_James_Stephen_Mullen.pdf:was sexual in nature and represented an abuse of trust which either exposed or had the ./Prohibition_order_Mr_James_Stephen_Mullen.pdf-potential to expose Student A to risk of harm. Mr Mullen’s actions undermined the ./Prohibition_order_Mr_James_Stephen_Mullen.pdf-appropriate standard of behaviour which Student A could expect from her teacher. The ./Prohibition_order_Mr_James_Stephen_Mullen.pdf:Panel also noted that the first admitted sexual contact with Student A took place only one ./Prohibition_order_Mr_James_Stephen_Mullen.pdf-day after Mr Mullen had been warned by the Head of Safeguarding to always observe ./Prohibition_order_Mr_James_Stephen_Mullen.pdf-appropriate boundaries in the teacher/pupil relationship. In light of this information, the ./Prohibition_order_Mr_James_Stephen_Mullen.pdf-Panel considers there was no evidence that Mr Mullen’s actions were anything other than ./Prohibition_order_Mr_James_Stephen_Mullen.pdf- ./Prohibition_order_Mr_James_Stephen_Mullen.pdf- ./Prohibition_order_Mr_James_Stephen_Mullen.pdf- ./Prohibition_order_Mr_James_Stephen_Mullen.pdf- 12 ./Prohibition_order_Mr_James_Stephen_Mullen.pdf- -- ./Prohibition_order_Mr_James_Stephen_Mullen.pdf-deliberate. Also there was no evidence to suggest that Mr Mullen was acting under ./Prohibition_order_Mr_James_Stephen_Mullen.pdf:duress, and in fact the Panel found Mr Mullen’s actions to be sexually motivated. ./Prohibition_order_Mr_James_Stephen_Mullen.pdf- ./Prohibition_order_Mr_James_Stephen_Mullen.pdf-The relationship with Student A was privileged by the position Mr Mullen held within the ./Prohibition_order_Mr_James_Stephen_Mullen.pdf-School. ./Prohibition_order_Mr_James_Stephen_Mullen.pdf- ./Prohibition_order_Mr_James_Stephen_Mullen.pdf-The Panel is of the view that Prohibition is proportionate, appropriate and necessary. ./Prohibition_order_Mr_James_Stephen_Mullen.pdf-The Panel has decided that the public interest considerations outweigh the interests of ./Prohibition_order_Mr_James_Stephen_Mullen.pdf-Mr Mullen. The potentially damaging and harmful effect of Mr Mullen’s behaviour on ./Prohibition_order_Mr_James_Stephen_Mullen.pdf-Student A was a significant factor in forming that opinion as is Mr Mullen’s lack of insight ./Prohibition_order_Mr_James_Stephen_Mullen.pdf-and failure to recognise the broader implications of his actions. Accordingly, the Panel ./Prohibition_order_Mr_James_Stephen_Mullen.pdf-makes a recommendation to the Secretary of State that a Prohibition Order should be ./Prohibition_order_Mr_James_Stephen_Mullen.pdf-imposed with immediate effect. ./Prohibition_order_Mr_James_Stephen_Mullen.pdf- ./Prohibition_order_Mr_James_Stephen_Mullen.pdf-The Panel went on to consider whether or not it would be appropriate to decide to ./Prohibition_order_Mr_James_Stephen_Mullen.pdf-recommend that a review period of the Prohibition Order should be considered. The ./Prohibition_order_Mr_James_Stephen_Mullen.pdf-Panel were mindful that the Guidance advises that a Prohibition Order applies for life, but ./Prohibition_order_Mr_James_Stephen_Mullen.pdf-there may be circumstances in any given case that may make it appropriate to allow a ./Prohibition_order_Mr_James_Stephen_Mullen.pdf-teacher to apply to have the prohibition order reviewed after a specified period of time ./Prohibition_order_Mr_James_Stephen_Mullen.pdf-that may not be less than two years. ./Prohibition_order_Mr_James_Stephen_Mullen.pdf- ./Prohibition_order_Mr_James_Stephen_Mullen.pdf-The Guidance indicates that there are behaviours that, if proven, would militate against a ./Prohibition_order_Mr_James_Stephen_Mullen.pdf:review period being recommended. One of these behaviours includes serious sexual ./Prohibition_order_Mr_James_Stephen_Mullen.pdf:misconduct, eg where the act was sexually motivated and resulted in or had the potential ./Prohibition_order_Mr_James_Stephen_Mullen.pdf-to result in, harm to a person or persons, particularly where the individual has used their ./Prohibition_order_Mr_James_Stephen_Mullen.pdf-professional position to influence or exploit a person or persons. ./Prohibition_order_Mr_James_Stephen_Mullen.pdf- ./Prohibition_order_Mr_James_Stephen_Mullen.pdf-Although Mr Mullen admits in his written correspondence that he is extremely sorry if any ./Prohibition_order_Mr_James_Stephen_Mullen.pdf-of his actions have caused Student A any upset or worry, the Panel were concerned at ./Prohibition_order_Mr_James_Stephen_Mullen.pdf-the lack of remorse or insight displayed by Mr Mullen in his detailed written ./Prohibition_order_Mr_James_Stephen_Mullen.pdf-representations. Whilst it is noted that Mr Mullen’s written representations demonstrate a ./Prohibition_order_Mr_James_Stephen_Mullen.pdf-limited understanding of the inappropriate nature of his relationship with Student A, his ./Prohibition_order_Mr_James_Stephen_Mullen.pdf-representations demonstrate very little insight into the wider responsibilities of a teacher ./Prohibition_order_Mr_James_Stephen_Mullen.pdf-in a position of trust and their role in the school community. ./Prohibition_order_Mr_James_Stephen_Mullen.pdf- ./Prohibition_order_Mr_James_Stephen_Mullen.pdf-In particular, Mr Mullen’s indication in his written representations that there is no ./Prohibition_order_Mr_James_Stephen_Mullen.pdf-suggestion that he has exploited the trust, knowledge or influence derived from his ./Prohibition_order_Mr_James_Stephen_Mullen.pdf-position as a teacher, is manifestly untenable. ./Prohibition_order_Mr_James_Stephen_Mullen.pdf- ./Prohibition_order_Mr_James_Stephen_Mullen.pdf-The Panel has found that Mr Mullen’s kissing or physical touching of Student A whilst ./Prohibition_order_Mr_James_Stephen_Mullen.pdf:working in a position of Trust is sexual misconduct that is serious enough to warrant ./Prohibition_order_Mr_James_Stephen_Mullen.pdf-prohibition with no review period. ./Prohibition_order_Mr_James_Stephen_Mullen.pdf- ./Prohibition_order_Mr_James_Stephen_Mullen.pdf-The Panel felt the findings indicated a situation in which a review period would not be ./Prohibition_order_Mr_James_Stephen_Mullen.pdf-appropriate and as such decided that it would be proportionate in all the circumstances ./Prohibition_order_Mr_James_Stephen_Mullen.pdf-for the Prohibition Order to be recommended without provisions for a review period. ./Prohibition_order_Mr_James_Stephen_Mullen.pdf- ./Prohibition_order_Mr_James_Stephen_Mullen.pdf- 13 ./Prohibition_order_Mr_James_Stephen_Mullen.pdf- -- ./Prohibition_order_Mr_James_Stephen_Mullen.pdf-Decision and reasons on behalf of the Secretary of ./Prohibition_order_Mr_James_Stephen_Mullen.pdf-State ./Prohibition_order_Mr_James_Stephen_Mullen.pdf-I have given careful consideration to the findings and recommendations of the panel in ./Prohibition_order_Mr_James_Stephen_Mullen.pdf-this case. The panel have found proven the allegations relating to Mr Mullen’s three ./Prohibition_order_Mr_James_Stephen_Mullen.pdf-offences of Sexual Activity with a female child between 13-17 years old; whilst in a ./Prohibition_order_Mr_James_Stephen_Mullen.pdf-position of trust; when he did not reasonably believe that the victim was over 18, contrary ./Prohibition_order_Mr_James_Stephen_Mullen.pdf-to section 16 (1) of the Sexual Offences Act 2003. ./Prohibition_order_Mr_James_Stephen_Mullen.pdf- ./Prohibition_order_Mr_James_Stephen_Mullen.pdf-The Panel noted that the Secretary of State’s advice, Teacher misconduct: the prohibition ./Prohibition_order_Mr_James_Stephen_Mullen.pdf-of teachers makes it clear that it is likely that an offence that leads to a term of ./Prohibition_order_Mr_James_Stephen_Mullen.pdf:imprisonment or involves sexual activity will be considered a relevant offence. ./Prohibition_order_Mr_James_Stephen_Mullen.pdf-Accordingly the panel have determined that the details of this case amount to conviction ./Prohibition_order_Mr_James_Stephen_Mullen.pdf-of a relevant offence. ./Prohibition_order_Mr_James_Stephen_Mullen.pdf- ./Prohibition_order_Mr_James_Stephen_Mullen.pdf-The panel have gone on to consider whether a prohibition order is an appropriate and ./Prohibition_order_Mr_James_Stephen_Mullen.pdf-proportionate sanction. They have set out very clearly their balancing of the public ./Prohibition_order_Mr_James_Stephen_Mullen.pdf-interest with that of Mr Mullen. In particular they have considered the potentially ./Prohibition_order_Mr_James_Stephen_Mullen.pdf-damaging and harmful effect of Mr Mullen’s behaviour on Student A and his lack of ./Prohibition_order_Mr_James_Stephen_Mullen.pdf-insight and failure to recognise the broader implications of his actions. I agree with their ./Prohibition_order_Mr_James_Stephen_Mullen.pdf-recommendation that a prohibition order is an appropriate and proportionate sanction. ./Prohibition_order_Mr_James_Stephen_Mullen.pdf- ./Prohibition_order_Mr_James_Stephen_Mullen.pdf-In considering whether it would be appropriate to allow Mr Mullen to apply to have the ./Prohibition_order_Mr_James_Stephen_Mullen.pdf-order set aside at a point in the future, the panel have re-stated their concern at the lack ./Prohibition_order_Mr_James_Stephen_Mullen.pdf-of remorse or insight displayed by Mr Mullen in his detailed written representations, in ./Prohibition_order_Mr_James_Stephen_Mullen.pdf-particular his assertion that he has not exploited the trust, knowledge or influence derived ./Prohibition_order_Mr_James_Stephen_Mullen.pdf-from his position as a teacher. ./Prohibition_order_Mr_James_Stephen_Mullen.pdf- ./Prohibition_order_Mr_James_Stephen_Mullen.pdf:The Panel have judged this to be a case of sexual misconduct that is serious enough to ./Prohibition_order_Mr_James_Stephen_Mullen.pdf-warrant prohibition with no review period and I agree with their recommendation. ./Prohibition_order_Mr_James_Stephen_Mullen.pdf- ./Prohibition_order_Mr_James_Stephen_Mullen.pdf-This means that Mr James Stephen Mullen is prohibited from teaching indefinitely ./Prohibition_order_Mr_James_Stephen_Mullen.pdf-and cannot teach in any school, sixth form college, relevant youth accommodation ./Prohibition_order_Mr_James_Stephen_Mullen.pdf-or children’s home in England. Furthermore, in view of the seriousness of the ./Prohibition_order_Mr_James_Stephen_Mullen.pdf-allegations found proved against him, I have decided that Mr James Stephen Mullen shall ./Prohibition_order_Mr_James_Stephen_Mullen.pdf-not be entitled to apply for restoration of his eligibility to teach. ./Prohibition_order_Mr_James_Stephen_Mullen.pdf- ./Prohibition_order_Mr_James_Stephen_Mullen.pdf-This Order takes effect from the date on which it is served on the Teacher. ./Prohibition_order_Mr_James_Stephen_Mullen.pdf- ./prohibition_order_mr_james_thornton.pdf- around Pupil A to comfort her about a bereavement, which was not true, ./prohibition_order_mr_james_thornton.pdf- on a date unknown in November 2009; ./prohibition_order_mr_james_thornton.pdf- ./prohibition_order_mr_james_thornton.pdf- d. spent the day alone with Pupil A at a venue unknown, without her ./prohibition_order_mr_james_thornton.pdf- parent's [sic] knowledge or consent on 15 March 2010; ./prohibition_order_mr_james_thornton.pdf- ./prohibition_order_mr_james_thornton.pdf- e. visited Pupil A at her home address without her parent's [sic] knowledge ./prohibition_order_mr_james_thornton.pdf- or consent on one or more occasions between September 2009 and ./prohibition_order_mr_james_thornton.pdf- March 2010; ./prohibition_order_mr_james_thornton.pdf- ./prohibition_order_mr_james_thornton.pdf: f. engaged in sexual activity with Pupil A on dates unknown between ./prohibition_order_mr_james_thornton.pdf- September 2009 and March 2010, which involved: ./prohibition_order_mr_james_thornton.pdf- ./prohibition_order_mr_james_thornton.pdf- i. kissing; ./prohibition_order_mr_james_thornton.pdf- ii. holding each other; ./prohibition_order_mr_james_thornton.pdf- ./prohibition_order_mr_james_thornton.pdf- g. when questioned by Head Teacher, Witness B, about his relationship ./prohibition_order_mr_james_thornton.pdf- with Pupil A, he lied on 16 March 2010. ./prohibition_order_mr_james_thornton.pdf- ./prohibition_order_mr_james_thornton.pdf-Mr Thornton denied the allegation in its entirety. ./prohibition_order_mr_james_thornton.pdf- -- ./prohibition_order_mr_james_thornton.pdf-James Thornton ./prohibition_order_mr_james_thornton.pdf- ./prohibition_order_mr_james_thornton.pdf-Mr Thornton gave evidence on his own behalf. ./prohibition_order_mr_james_thornton.pdf- ./prohibition_order_mr_james_thornton.pdf-He conceded that he had sent text messages to Pupil A but that it would have been ./prohibition_order_mr_james_thornton.pdf-no more than one or two a month. He said that all were related to his pastoral ./prohibition_order_mr_james_thornton.pdf-activities within the church. Some were messages to multiple addressees, including ./prohibition_order_mr_james_thornton.pdf-Pupil A; others were to Pupil A alone but only in relation to church activities (with ./prohibition_order_mr_james_thornton.pdf-which Pupil A was connected). She attended at least two church events a month. ./prohibition_order_mr_james_thornton.pdf- ./prohibition_order_mr_james_thornton.pdf:He said that none of the text messages were of a romantic or sexual nature. He said ./prohibition_order_mr_james_thornton.pdf-that he had advised Witness A that he was in communication by texting with other ./prohibition_order_mr_james_thornton.pdf-pupils who also attended his church (as had been acknowledged by Witness A). ./prohibition_order_mr_james_thornton.pdf- ./prohibition_order_mr_james_thornton.pdf-In relation to the text apologising for sending Pupil A ‘inappropriate texts’ which he ./prohibition_order_mr_james_thornton.pdf-sent to Pupil A’s mother (which he did not dispute), he said that he didn’t believe that ./prohibition_order_mr_james_thornton.pdf-any of his texts were inappropriate but because the mother believed that there had ./prohibition_order_mr_james_thornton.pdf-been such texts, he responded in the terms that he did in order to defuse the ./prohibition_order_mr_james_thornton.pdf-situation. He intended to speak with her after a few days to explain the true position. ./prohibition_order_mr_james_thornton.pdf-In relation to what was said by him at the investigatory meeting held on 14 July 2010 ./prohibition_order_mr_james_thornton.pdf-confirming that Pupil A’s parents had been concerned at the number of texts Pupil A -- ./prohibition_order_mr_james_thornton.pdf- that you had put your arm around Pupil A to comfort her about a ./prohibition_order_mr_james_thornton.pdf- bereavement, which was not true; ./prohibition_order_mr_james_thornton.pdf- ./prohibition_order_mr_james_thornton.pdf- d. spent part of the afternoon of 15 March 2010 alone with Pupil A, at a ./prohibition_order_mr_james_thornton.pdf- venue unknown, without her parents’ knowledge or consent; ./prohibition_order_mr_james_thornton.pdf- ./prohibition_order_mr_james_thornton.pdf- e. visited Pupil A at her home address without her parent's [sic] knowledge ./prohibition_order_mr_james_thornton.pdf- or consent on one or more occasions between September 2009 and ./prohibition_order_mr_james_thornton.pdf- March 2010; ./prohibition_order_mr_james_thornton.pdf- ./prohibition_order_mr_james_thornton.pdf: f. engaged in sexual activity with Pupil A on dates unknown between ./prohibition_order_mr_james_thornton.pdf- September 2009 and March 2010, which involved: ./prohibition_order_mr_james_thornton.pdf- i. kissing; ./prohibition_order_mr_james_thornton.pdf- ii. holding each other; ./prohibition_order_mr_james_thornton.pdf- ./prohibition_order_mr_james_thornton.pdf- g. when questioned by Head Teacher, Witness B, about your ./prohibition_order_mr_james_thornton.pdf- relationship with Pupil A, you lied on 16 March 2010. ./prohibition_order_mr_james_thornton.pdf- ./prohibition_order_mr_james_thornton.pdf-Introduction ./prohibition_order_mr_james_thornton.pdf-On 1 September 2006 Mr Thornton commenced work as a newly-qualified teacher of ./prohibition_order_mr_james_thornton.pdf-Religious Education at the Deanes School, Benfleet. -- ./prohibition_order_mr_james_thornton.pdf-that there had been one occasion when he had returned home early from work. As ./prohibition_order_mr_james_thornton.pdf-he entered the house he said he could hear someone running down the path. He ./prohibition_order_mr_james_thornton.pdf-said he then saw Mr Thornton running down the road. Pupil A’s father also said that ./prohibition_order_mr_james_thornton.pdf-on another occasion he saw a number of texts on his daughter’s phone from Mr ./prohibition_order_mr_james_thornton.pdf-Thornton. Pupil A’s mother said that she sent a text to Mr Thornton to tell him to ./prohibition_order_mr_james_thornton.pdf-leave her daughter alone. ./prohibition_order_mr_james_thornton.pdf- ./prohibition_order_mr_james_thornton.pdf-Thereafter, the mother of Pupil A wrote a letter to Witness B setting out her and her ./prohibition_order_mr_james_thornton.pdf-husband’s knowledge of the matters giving rise to this allegation. In that letter she ./prohibition_order_mr_james_thornton.pdf-explained that Mr Thornton sent their daughter inappropriate text messages, some of ./prohibition_order_mr_james_thornton.pdf:which were of a sexual nature. She said that following sight of those messages she ./prohibition_order_mr_james_thornton.pdf-sent a text message to Mr Thornton telling him that she knew about his contact with ./prohibition_order_mr_james_thornton.pdf-Pupil A and that if he were to contact her daughter again she would go immediately ./prohibition_order_mr_james_thornton.pdf-to the Police and to the school. She said she sent that text on Monday, 15 March ./prohibition_order_mr_james_thornton.pdf-2012. ./prohibition_order_mr_james_thornton.pdf- ./prohibition_order_mr_james_thornton.pdf-At 2.40pm on 16 March 2012, Pupil A’s mother received a text in response in which ./prohibition_order_mr_james_thornton.pdf-Mr Thornton apologised for sending ‘inappropriate texts’, saying how ‘ashamed’ he ./prohibition_order_mr_james_thornton.pdf-was and acknowledging that he had let her family down. ./prohibition_order_mr_james_thornton.pdf- ./prohibition_order_mr_james_thornton.pdf-On 28 March 2010 and 8 April 2010 Mr Thornton met with a member of his church, ./prohibition_order_mr_james_thornton.pdf-Witness C. The evidence of Witness C was that in the course of those meetings, Mr ./prohibition_order_mr_james_thornton.pdf-Thornton confessed that he had been in a relationship with Pupil A since November ./prohibition_order_mr_james_thornton.pdf-2009. ./prohibition_order_mr_james_thornton.pdf- ./prohibition_order_mr_james_thornton.pdf-At a strategy meeting held on 23 March 2010 it was decided that social worker ./prohibition_order_mr_james_thornton.pdf-Individual D should meet with Pupil A to complete an initial assessment. Thereafter, ./prohibition_order_mr_james_thornton.pdf-at a second strategy meeting convened on 22 April 2010, Social Services reported ./prohibition_order_mr_james_thornton.pdf:that Pupil A had disclosed to Individual D that although she had not had sexual ./prohibition_order_mr_james_thornton.pdf:intercourse with Mr Thornton, he had asked her for sex. ./prohibition_order_mr_james_thornton.pdf- ./prohibition_order_mr_james_thornton.pdf-Findings of Fact ./prohibition_order_mr_james_thornton.pdf- ./prohibition_order_mr_james_thornton.pdf-For the reasons which follow, the Panel has made the following findings of fact: ./prohibition_order_mr_james_thornton.pdf- ./prohibition_order_mr_james_thornton.pdf-a. Sent and received text messages from Pupil A that were of a personal ./prohibition_order_mr_james_thornton.pdf- nature. ./prohibition_order_mr_james_thornton.pdf- ./prohibition_order_mr_james_thornton.pdf- Whilst Mr Thornton has conceded that he sent text messages to Pupil A, he ./prohibition_order_mr_james_thornton.pdf- said that it would have been no more than one or two a month. He said that all -- ./prohibition_order_mr_james_thornton.pdf- whilst he was in hospital. Clearly, both of those exchanges related to matters ./prohibition_order_mr_james_thornton.pdf- that can only be described as personal. ./prohibition_order_mr_james_thornton.pdf- ./prohibition_order_mr_james_thornton.pdf- The Panel also heard evidence – albeit hearsay evidence – that when Pupil B ./prohibition_order_mr_james_thornton.pdf- spoke to Individual A on 5 March 2010, amongst other matters, she expressed ./prohibition_order_mr_james_thornton.pdf- her concern as to the volume of text messages that were passing between Mr ./prohibition_order_mr_james_thornton.pdf- Thornton and Pupil A. It also had regard to evidence of Pupil D – albeit that it ./prohibition_order_mr_james_thornton.pdf- is in the form of a non-contemporaneous statement dated 19 November 2010 ./prohibition_order_mr_james_thornton.pdf- – that she had seen text messages exchanged between Mr Thornton and ./prohibition_order_mr_james_thornton.pdf- Pupil A arranging to meet after school and discussing matters of an emotional ./prohibition_order_mr_james_thornton.pdf: and sexual nature. The Panel is mindful that it must treat such evidence with ./prohibition_order_mr_james_thornton.pdf- care but, nonetheless, when taken together with other evidence as to the ./prohibition_order_mr_james_thornton.pdf- nature of the text messages that were exchanged, is satisfied that it is reliable. ./prohibition_order_mr_james_thornton.pdf- The Panel also had regard to the evidence of Pupil A’s mother as to the ./prohibition_order_mr_james_thornton.pdf- nature of the text messages. Once again, it is hearsay but there is ./prohibition_order_mr_james_thornton.pdf- considerable support for her evidence to be found in the text message sent by ./prohibition_order_mr_james_thornton.pdf- Mr Thornton to her on 16 March 2010. In that, he apologises for ‘inappropriate ./prohibition_order_mr_james_thornton.pdf- texts’, says how ‘ashamed’ he was and acknowledges that he had let her ./prohibition_order_mr_james_thornton.pdf- family down. ./prohibition_order_mr_james_thornton.pdf- ./prohibition_order_mr_james_thornton.pdf- That text was sent in response to a text sent to him by Pupil A’s mother the ./prohibition_order_mr_james_thornton.pdf- previous day. She had sent that to him after seeing text messages on Pupil ./prohibition_order_mr_james_thornton.pdf- A’s phone that were ‘not of a teacher/pupil relationship with some of them ./prohibition_order_mr_james_thornton.pdf: being of a sexual nature.’ ./prohibition_order_mr_james_thornton.pdf- ./prohibition_order_mr_james_thornton.pdf- In his evidence, Mr Thornton said that he had replied in that way using the ./prohibition_order_mr_james_thornton.pdf- terms that had been used by Pupil A’s mother in order to, ‘diffuse the ./prohibition_order_mr_james_thornton.pdf- situation’. The Panel finds that explanation incredible. The tenor of the ./prohibition_order_mr_james_thornton.pdf- message is very much that of apology and regret. The Panel does not accept ./prohibition_order_mr_james_thornton.pdf- that anyone faced with allegations of having sent inappropriate texts – ./prohibition_order_mr_james_thornton.pdf: including texts with sexual content – to a 15 year old girl, would apologise in ./prohibition_order_mr_james_thornton.pdf- such a way – rather than defending his reputation - unless the charges ./prohibition_order_mr_james_thornton.pdf- levelled against him had substance. ./prohibition_order_mr_james_thornton.pdf- ./prohibition_order_mr_james_thornton.pdf- In all of the circumstances, the Panel finds Paragraph 1(a) proved. ./prohibition_order_mr_james_thornton.pdf- ./prohibition_order_mr_james_thornton.pdf-b. On or about 16 November 2009, put your arm around Pupil A whilst you ./prohibition_order_mr_james_thornton.pdf- were alone in a classroom. ./prohibition_order_mr_james_thornton.pdf- ./prohibition_order_mr_james_thornton.pdf- In evidence before this Panel, Mr Thornton said that whilst alone with Pupil A ./prohibition_order_mr_james_thornton.pdf- in the music room, Pupil A was upset over a family bereavement or serious -- ./prohibition_order_mr_james_thornton.pdf- the area. That evidence is contradicted by the evidence of Witness E that, at ./prohibition_order_mr_james_thornton.pdf- the time, he had not given private lessons for a number of years. ./prohibition_order_mr_james_thornton.pdf- ./prohibition_order_mr_james_thornton.pdf- In his evidence, Witness C said that Mr Thornton told him that he visited ./prohibition_order_mr_james_thornton.pdf- Pupil A at her home on a number of occasions. For the reasons already given, ./prohibition_order_mr_james_thornton.pdf- the Panel found Witness C to be a reliable witness and prefers his evidence ./prohibition_order_mr_james_thornton.pdf- to that of Mr Thornton. ./prohibition_order_mr_james_thornton.pdf- ./prohibition_order_mr_james_thornton.pdf- In all of the circumstances, the Panel finds Paragraph 1(e) proved. ./prohibition_order_mr_james_thornton.pdf- ./prohibition_order_mr_james_thornton.pdf:f. Engaged in sexual activity with Pupil A on dates unknown between ./prohibition_order_mr_james_thornton.pdf- September 2009 and March 2010, which involved: ./prohibition_order_mr_james_thornton.pdf- i. kissing; ./prohibition_order_mr_james_thornton.pdf- ii. holding each other. ./prohibition_order_mr_james_thornton.pdf- ./prohibition_order_mr_james_thornton.pdf- In his evidence, Witness C said that in his first meeting with Mr Thornton he ./prohibition_order_mr_james_thornton.pdf- asked him how far the physical contact with Pupil A had gone. He said that he ./prohibition_order_mr_james_thornton.pdf- recalls that Mr Thornton said that there had been kissing and holding each ./prohibition_order_mr_james_thornton.pdf- other, which Witness C took to mean ‘heavy petting and fondling’ ./prohibition_order_mr_james_thornton.pdf- ./prohibition_order_mr_james_thornton.pdf- However, that was only an assumption on Witness C’s part and there is no ./prohibition_order_mr_james_thornton.pdf- other evidence of physical contact, other than the incident in November 2009. ./prohibition_order_mr_james_thornton.pdf: Kissing and holding are acts that may or may not be sexual. If indeed those ./prohibition_order_mr_james_thornton.pdf- things took place, in all of the circumstances, the Panel cannot be satisfied as ./prohibition_order_mr_james_thornton.pdf- to Mr Thornton’s intention as to them. ./prohibition_order_mr_james_thornton.pdf- ./prohibition_order_mr_james_thornton.pdf- In all of the circumstances, the Panel finds Paragraph 1(f) not proved. ./prohibition_order_mr_james_thornton.pdf- ./prohibition_order_mr_james_thornton.pdf-g. When questioned by Head Teacher, Witness B, about your ./prohibition_order_mr_james_thornton.pdf- relationship with Pupil A, you lied on 16 March 2010. ./prohibition_order_mr_james_thornton.pdf- ./prohibition_order_mr_james_thornton.pdf- The evidence as to what was said by Mr Thornton during the interview with ./prohibition_order_mr_james_thornton.pdf- Witness B on 16 March 2010 is set out within her contemporaneous notes. ./prohibition_order_mr_james_walsh_001.pdf- ./prohibition_order_mr_james_walsh_001.pdf-The Presenting Officer stated that Student B was unable to attend or provide ./prohibition_order_mr_james_walsh_001.pdf-evidence via video-link or telephone due to her ill health and referred the Panel to ./prohibition_order_mr_james_walsh_001.pdf-two Statements of Fitness for Work (at pages 209 and 210 of the case papers). Ms ./prohibition_order_mr_james_walsh_001.pdf-Atkins outlined the efforts that had been made to secure Student B’s attendance and ./prohibition_order_mr_james_walsh_001.pdf-/ participation in the hearing. In particular, she referred to the application for Student ./prohibition_order_mr_james_walsh_001.pdf-B to be treated as a vulnerable witness so the special measures that had been ./prohibition_order_mr_james_walsh_001.pdf-directed to enable her evidence to be provided by telephone or video link. At the ./prohibition_order_mr_james_walsh_001.pdf-Case Management Hearing on 25 April 2013, the Panel had decided that Student A ./prohibition_order_mr_james_walsh_001.pdf-was a vulnerable witness on the basis that the allegations against Mr Walsh were of ./prohibition_order_mr_james_walsh_001.pdf:a sexual nature and Student B was an alleged victim. In addition, the medical ./prohibition_order_mr_james_walsh_001.pdf-evidence now before the Panel indicated that Student B had a physical disability. ./prohibition_order_mr_james_walsh_001.pdf-The Presenting Officer described the contact that had been made with Student B by ./prohibition_order_mr_james_walsh_001.pdf-the school and the Presenting Officer to obtain clarification of Student B’s attendance ./prohibition_order_mr_james_walsh_001.pdf-and her medical condition. ./prohibition_order_mr_james_walsh_001.pdf- ./prohibition_order_mr_james_walsh_001.pdf-The Presenting Officer stated that it would be prejudicial to Student B’s welfare for ./prohibition_order_mr_james_walsh_001.pdf-her to provide evidence to the Panel and therefore her evidence should not be given ./prohibition_order_mr_james_walsh_001.pdf-in person. Further evidence in support of this submission could be found in the ./prohibition_order_mr_james_walsh_001.pdf-Swindon Borough Council Strategy Minutes dated 16 March 2011 (at page 172 of ./prohibition_order_mr_james_walsh_001.pdf-the case papers) it is recorded that Student B “has been reluctant to give a -- ./prohibition_order_mr_james_walsh_001.pdf-the admission of Student B’s evidence. The Panel should consider treating hearsay ./prohibition_order_mr_james_walsh_001.pdf-evidence with caution and consider carefully what weight it considers can be ./prohibition_order_mr_james_walsh_001.pdf-attached to it. ./prohibition_order_mr_james_walsh_001.pdf- ./prohibition_order_mr_james_walsh_001.pdf-Rule 4.67 of the Disciplinary Procedures provides that “the Panel may require any ./prohibition_order_mr_james_walsh_001.pdf-person to attend and give evidence or to produce documents or any other material ./prohibition_order_mr_james_walsh_001.pdf-evidence at the hearing.” The Panel could also take into account the efforts that had ./prohibition_order_mr_james_walsh_001.pdf-been made to secure the witness’s attendance and the Statements of Fitness to ./prohibition_order_mr_james_walsh_001.pdf-Work signed by Student B’s General Practitioner. Furthermore, the Panel had ./prohibition_order_mr_james_walsh_001.pdf-already decided, at a Case Management Hearing, that Student B was a vulnerable ./prohibition_order_mr_james_walsh_001.pdf:witness on the basis that the allegations against Mr Walsh were of a sexual nature ./prohibition_order_mr_james_walsh_001.pdf-and Student B was an alleged victim. Rule 4.70 and 4.71 of the Disciplinary ./prohibition_order_mr_james_walsh_001.pdf-Procedures states that “a Panel will only decide that ..a vulnerable witness will give ./prohibition_order_mr_james_walsh_001.pdf-evidence if it decides, after hearing representations [by and on behalf of the teacher] ./prohibition_order_mr_james_walsh_001.pdf-and the presenting officer, that the welfare of the …vulnerable witness will not be ./prohibition_order_mr_james_walsh_001.pdf-prejudiced.” ./prohibition_order_mr_james_walsh_001.pdf- ./prohibition_order_mr_james_walsh_001.pdf-The Panel announced its decision and reasons for that decision as follows: ./prohibition_order_mr_james_walsh_001.pdf- ./prohibition_order_mr_james_walsh_001.pdf-“We have taken into account that at a Case Management Hearing on 25 April 2013, ./prohibition_order_mr_james_walsh_001.pdf-it was decided that Student B is a vulnerable witness, on the basis that the ./prohibition_order_mr_james_walsh_001.pdf:allegations against Mr Walsh are of a sexual nature and Student B is an alleged ./prohibition_order_mr_james_walsh_001.pdf-victim. Furthermore, we have noted the medical evidence from Student B’s General ./prohibition_order_mr_james_walsh_001.pdf-Practitioner, being two statement of fitness for work notes, which indicate Student B ./prohibition_order_mr_james_walsh_001.pdf-is unwell. One of these notes ran out on the 29 April 2013 but the other remains valid ./prohibition_order_mr_james_walsh_001.pdf-to 7 May 2013. We are satisfied that Student B can not attend the hearing at the ./prohibition_order_mr_james_walsh_001.pdf-present time due to her ill health. ./prohibition_order_mr_james_walsh_001.pdf- ./prohibition_order_mr_james_walsh_001.pdf-We have also noted that within Swindon Borough Council Strategy Minutes dated 16 ./prohibition_order_mr_james_walsh_001.pdf-March 2011 (at page 172 of the case papers) it is recorded that Student B “has been ./prohibition_order_mr_james_walsh_001.pdf-reluctant to give a statement as she is fearful of attending court” and in the Strategy ./prohibition_order_mr_james_walsh_001.pdf-Minutes dated 12 May 2011 (at page 175 of the case papers) it is recorded that -- ./prohibition_order_mr_james_walsh_001.pdf-undertaken and a referral was made to Wiltshire Police and Swindon Borough ./prohibition_order_mr_james_walsh_001.pdf-Council. ./prohibition_order_mr_james_walsh_001.pdf- ./prohibition_order_mr_james_walsh_001.pdf-On 7 December 2010, Wiltshire Police attended the Academy, to speak to Student ./prohibition_order_mr_james_walsh_001.pdf-A. The police also spoke to Student B, who disclosed that Mr Walsh had made ./prohibition_order_mr_james_walsh_001.pdf-inappropriate comments to her, kissed her and touched her on the knee. ./prohibition_order_mr_james_walsh_001.pdf- ./prohibition_order_mr_james_walsh_001.pdf-The matter was referred to the Crown Prosecution Service and the Academy’s ./prohibition_order_mr_james_walsh_001.pdf-disciplinary process was suspended whilst criminal proceedings were on-going ./prohibition_order_mr_james_walsh_001.pdf-during 2011 and early 2012. On 18 February 2012, Mr Walsh was found not guilty on ./prohibition_order_mr_james_walsh_001.pdf:three counts of adult abuse of position of trust; sexual activity with a girl 13 to 17 ./prohibition_order_mr_james_walsh_001.pdf-under the Sexual Offences Act 2003 at Swindon Crown Court. Following this, the ./prohibition_order_mr_james_walsh_001.pdf-Academy wrote to Mr Walsh to inform him that he would remain suspended pending ./prohibition_order_mr_james_walsh_001.pdf-the outcome of the disciplinary investigation. ./prohibition_order_mr_james_walsh_001.pdf- ./prohibition_order_mr_james_walsh_001.pdf-A disciplinary hearing was held on 30 May 2012 to consider allegations regarding Mr ./prohibition_order_mr_james_walsh_001.pdf-Walsh’s conduct in relation to Student A and Student B. Mr Walsh was dismissed for ./prohibition_order_mr_james_walsh_001.pdf-gross misconduct with immediate effect from 31 May 2012 and referred to the ./prohibition_order_mr_james_walsh_001.pdf-Teaching Agency. The Professional Conduct Panel considered allegations that Mr ./prohibition_order_mr_james_walsh_001.pdf-Walsh was guilty of unacceptable professional conduct and/ conduct which may ./prohibition_order_mr_james_walsh_001.pdf-bring the profession into disrepute. The allegations were not admitted and Mr Walsh -- ./prohibition_order_mr_james_walsh_001.pdf-B. ./prohibition_order_mr_james_walsh_001.pdf- ./prohibition_order_mr_james_walsh_001.pdf-As set out in relation to (b)(i) above, we are again satisfied that Student B has told ./prohibition_order_mr_james_walsh_001.pdf-the truth and can be believed . This is further corroborated by the oral and written ./prohibition_order_mr_james_walsh_001.pdf-evidence of Witness A and the content of the case papers. ./prohibition_order_mr_james_walsh_001.pdf- ./prohibition_order_mr_james_walsh_001.pdf-We are satisfied that Mr Walsh made inappropriate comments to Student B: about ./prohibition_order_mr_james_walsh_001.pdf-her relationship with her boyfriend including “he doesn’t deserve you”(at page 14a ./prohibition_order_mr_james_walsh_001.pdf-and pages 92 to 93 of the case papers ) ; about her bottom (at page 14a); ./prohibition_order_mr_james_walsh_001.pdf-suggesting taking her out and spending a night in a hotel (at page 14a and page 97) ./prohibition_order_mr_james_walsh_001.pdf:and stating that he had dreams about Student B “ sexual ones that we were in a ./prohibition_order_mr_james_walsh_001.pdf-hotel room together and it was the best night of his life” (at page 93 and page 108); ./prohibition_order_mr_james_walsh_001.pdf-“you look nice today” (at page 13a); “its really hard for me not to kiss you right now” ./prohibition_order_mr_james_walsh_001.pdf-(at page 15a and page 101); “you’ve got pretty eyes”( at page 15a ); “ I fancy you, ./prohibition_order_mr_james_walsh_001.pdf-you’re gorgeous” (at page 94). ./prohibition_order_mr_james_walsh_001.pdf- ./prohibition_order_mr_james_walsh_001.pdf-We therefore find the particulars set out at (b) (iii) proven. ./prohibition_order_mr_james_walsh_001.pdf- ./Prohibition_order_Mr_John_Addrison.pdf-The Panel has also taken account of how the teaching profession is viewed by others. ./Prohibition_order_Mr_John_Addrison.pdf-The Panel considered that Mr Addrison’s behaviour in committing the offence could affect ./Prohibition_order_Mr_John_Addrison.pdf-the public confidence in the teaching profession given the influence that teachers may ./Prohibition_order_Mr_John_Addrison.pdf-have on pupils, parents and others in the community. ./Prohibition_order_Mr_John_Addrison.pdf- ./Prohibition_order_Mr_John_Addrison.pdf-The Panel has noted that Mr Addrison’s behaviour has ultimately led to him receiving a ./Prohibition_order_Mr_John_Addrison.pdf-sentence of imprisonment which is indicative of the seriousness of the offences ./Prohibition_order_Mr_John_Addrison.pdf-committed. ./Prohibition_order_Mr_John_Addrison.pdf- ./Prohibition_order_Mr_John_Addrison.pdf:This is a case involving an offence involving sexual activity which the Guidance states is ./Prohibition_order_Mr_John_Addrison.pdf-likely to be considered a relevant offence. ./Prohibition_order_Mr_John_Addrison.pdf- ./Prohibition_order_Mr_John_Addrison.pdf-The Panel has taken into account a report of a Consultant Psychologist which sets out ./Prohibition_order_Mr_John_Addrison.pdf-the background to Mr Addrison committing the offences and which concluded that Mr ./Prohibition_order_Mr_John_Addrison.pdf-Addrison was not a risk to the public. The Panel also noted that Mr Addrison has ./Prohibition_order_Mr_John_Addrison.pdf-undergone life training to address his problems over a period of 2 – 3 years and that he ./Prohibition_order_Mr_John_Addrison.pdf-had appropriate intervention consisting of 50 therapy sessions. The Panel also noted ./Prohibition_order_Mr_John_Addrison.pdf-that he has complied with an undertaking given to Moor Park School not to return to ./Prohibition_order_Mr_John_Addrison.pdf-teaching. Although the Panel finds this evidence to be of note, the Panel has found the ./Prohibition_order_Mr_John_Addrison.pdf-seriousness of the offending behaviour that led to the conviction is relevant to the -- ./Prohibition_order_Mr_John_Addrison.pdf-  serious departure from the personal and professional conduct elements of the ./Prohibition_order_Mr_John_Addrison.pdf- teachers’ standards: ./Prohibition_order_Mr_John_Addrison.pdf-  misconduct seriously affecting the education and/or well being of pupils, and ./Prohibition_order_Mr_John_Addrison.pdf- particularly where there is a continuing risk; ./Prohibition_order_Mr_John_Addrison.pdf-  actions or behaviours that undermine fundamental British values, law, or ./Prohibition_order_Mr_John_Addrison.pdf- demonstrate deliberate intolerance and/or lack of respect of the rights of others; ./Prohibition_order_Mr_John_Addrison.pdf-  a deep-seated attitude that leads to harmful behaviour; ./Prohibition_order_Mr_John_Addrison.pdf-  abuse of position of trust (particularly involving vulnerable pupils) or violation of the ./Prohibition_order_Mr_John_Addrison.pdf- rights of pupils; ./Prohibition_order_Mr_John_Addrison.pdf-  other deliberate behaviour that undermines pupils, the profession, or the school; ./Prohibition_order_Mr_John_Addrison.pdf:  sexual misconduct, e.g. involving actions that were sexually motivated or of a ./Prohibition_order_Mr_John_Addrison.pdf: sexual nature and/or that use or exploit the trust, knowledge or influence derived ./Prohibition_order_Mr_John_Addrison.pdf- from the individual’s professional position; ./Prohibition_order_Mr_John_Addrison.pdf-  the commission of a serious criminal offence, including those that resulted in a ./Prohibition_order_Mr_John_Addrison.pdf- conviction or caution, paying particular attention to offences that are ‘relevant ./Prohibition_order_Mr_John_Addrison.pdf- matters’ for the purposes of The Police Act 1997 and criminal record disclosures. ./Prohibition_order_Mr_John_Addrison.pdf- ./Prohibition_order_Mr_John_Addrison.pdf- ./Prohibition_order_Mr_John_Addrison.pdf- ./Prohibition_order_Mr_John_Addrison.pdf- ./Prohibition_order_Mr_John_Addrison.pdf- 13 ./Prohibition_order_Mr_John_Addrison.pdf- -- ./Prohibition_order_Mr_John_Addrison.pdf-with immediate effect. ./Prohibition_order_Mr_John_Addrison.pdf- ./Prohibition_order_Mr_John_Addrison.pdf-The Panel went on to consider whether or not it would be appropriate for them to decide ./Prohibition_order_Mr_John_Addrison.pdf-to recommend that a review period of the order should be considered. The Panel were ./Prohibition_order_Mr_John_Addrison.pdf-mindful that the Guidance advises that a Prohibition Order applies for life, but there may ./Prohibition_order_Mr_John_Addrison.pdf-be circumstances in any given case that may make it appropriate to allow a teacher to ./Prohibition_order_Mr_John_Addrison.pdf-apply to have the prohibition order reviewed after a specified period of time that may not ./Prohibition_order_Mr_John_Addrison.pdf-be less than two years. ./Prohibition_order_Mr_John_Addrison.pdf- ./Prohibition_order_Mr_John_Addrison.pdf-The Guidance indicates that there are behaviours that, if proven, would militate against a ./Prohibition_order_Mr_John_Addrison.pdf:review period being recommended. These behaviours include serious sexual ./Prohibition_order_Mr_John_Addrison.pdf:misconduct, e.g. where the act was sexually motivated and resulted in or had the ./Prohibition_order_Mr_John_Addrison.pdf-potential to result in, harm to a person or persons, particularly where the individual has ./Prohibition_order_Mr_John_Addrison.pdf-used their professional position to influence or exploit a person or persons. The Panel ./Prohibition_order_Mr_John_Addrison.pdf:has found that Mr Addrison has been responsible for such sexual offences. Although Mr ./Prohibition_order_Mr_John_Addrison.pdf-Addrison has stated that he has reformed his character since these events, the Panel did ./Prohibition_order_Mr_John_Addrison.pdf-not consider that the commission of such offences could be compatible with a return to ./Prohibition_order_Mr_John_Addrison.pdf-teaching. The Panel therefore felt the findings indicated a situation in which a review ./Prohibition_order_Mr_John_Addrison.pdf-period would not be appropriate and as such decided that it would be proportionate in all ./Prohibition_order_Mr_John_Addrison.pdf-the circumstances for the Prohibition Order to be recommended without provision for a ./Prohibition_order_Mr_John_Addrison.pdf-review period. ./Prohibition_order_Mr_John_Addrison.pdf- ./Prohibition_order_Mr_John_Addrison.pdf- ./Prohibition_order_Mr_John_Addrison.pdf- ./Prohibition_order_Mr_John_Addrison.pdf- -- ./Prohibition_order_Mr_John_Addrison.pdf-Decision and reasons on behalf of the Secretary of ./Prohibition_order_Mr_John_Addrison.pdf-State ./Prohibition_order_Mr_John_Addrison.pdf-I have given very careful consideration to this case and to the recommendation of the ./Prohibition_order_Mr_John_Addrison.pdf-panel in respect of both sanction and review. ./Prohibition_order_Mr_John_Addrison.pdf- ./Prohibition_order_Mr_John_Addrison.pdf-This case is a very serious one involving a number of convictions that the panel has ./Prohibition_order_Mr_John_Addrison.pdf-found to be relevant. These are very serious convictions and have resulted in custodial ./Prohibition_order_Mr_John_Addrison.pdf:sentences. In addition they are for sexual misconduct and indecent assault on a male ./Prohibition_order_Mr_John_Addrison.pdf-under 16. ./Prohibition_order_Mr_John_Addrison.pdf- ./Prohibition_order_Mr_John_Addrison.pdf-I have taken into account the public interest as well as the interests of Mr Addrison. I ./Prohibition_order_Mr_John_Addrison.pdf-have also taken into account the need to be proportionate. ./Prohibition_order_Mr_John_Addrison.pdf- ./Prohibition_order_Mr_John_Addrison.pdf-In my view these are very serious offences and I support the recommendation of the ./Prohibition_order_Mr_John_Addrison.pdf-panel that Mr Addrison be prohibited. ./Prohibition_order_Mr_John_Addrison.pdf- ./Prohibition_order_Mr_John_Addrison.pdf-I have given careful consideration to the matter of a review period. The advice published ./Prohibition_order_Mr_John_Addrison.pdf-is very clear on this matter and these convictions clearly fall into those where a review ./prohibition_order_mr_john_peter_cattell_001.pdf-B. Allegations ./prohibition_order_mr_john_peter_cattell_001.pdf-The Panel considered the allegation set out in the Notice of Meeting dated 17 December ./prohibition_order_mr_john_peter_cattell_001.pdf-2013. ./prohibition_order_mr_john_peter_cattell_001.pdf- ./prohibition_order_mr_john_peter_cattell_001.pdf-It was alleged that Mr Cattell was guilty of unacceptable professional conduct and/or ./prohibition_order_mr_john_peter_cattell_001.pdf-conduct that may bring the profession into disrepute, in that: ./prohibition_order_mr_john_peter_cattell_001.pdf- ./prohibition_order_mr_john_peter_cattell_001.pdf-Between January 2011 and May/June 2012, whilst employed as a teacher at Haybridge ./prohibition_order_mr_john_peter_cattell_001.pdf:High School, Worcester, he formed an inappropriate sexual relationship with Pupil A who ./prohibition_order_mr_john_peter_cattell_001.pdf-he had taught whilst he was previously employed at Denmark Road School, ./prohibition_order_mr_john_peter_cattell_001.pdf-Gloucestershire between 1 September 2009 and 31 December 2010. ./prohibition_order_mr_john_peter_cattell_001.pdf- ./prohibition_order_mr_john_peter_cattell_001.pdf-Mr Cattell admitted the facts of the allegation against him and that they amounted to ./prohibition_order_mr_john_peter_cattell_001.pdf-unacceptable professional conduct and/ or conduct that may bring the profession into ./prohibition_order_mr_john_peter_cattell_001.pdf-disrepute. ./prohibition_order_mr_john_peter_cattell_001.pdf- ./prohibition_order_mr_john_peter_cattell_001.pdf- ./prohibition_order_mr_john_peter_cattell_001.pdf-C. Preliminary applications ./prohibition_order_mr_john_peter_cattell_001.pdf-There were no preliminary applications. -- ./prohibition_order_mr_john_peter_cattell_001.pdf- ./prohibition_order_mr_john_peter_cattell_001.pdf-Findings of Fact ./prohibition_order_mr_john_peter_cattell_001.pdf-Our findings of fact are as follows: ./prohibition_order_mr_john_peter_cattell_001.pdf- ./prohibition_order_mr_john_peter_cattell_001.pdf-We have found the following particulars of the allegation against you proven, for these ./prohibition_order_mr_john_peter_cattell_001.pdf-reasons: ./prohibition_order_mr_john_peter_cattell_001.pdf- ./prohibition_order_mr_john_peter_cattell_001.pdf- ./prohibition_order_mr_john_peter_cattell_001.pdf-1 Between January 2011 and May/June 2012, whilst employed as a ./prohibition_order_mr_john_peter_cattell_001.pdf-teacher at Haybridge High School, Worcester, you formed an ./prohibition_order_mr_john_peter_cattell_001.pdf:inappropriate sexual relationship with Pupil A who you had taught ./prohibition_order_mr_john_peter_cattell_001.pdf-when you were previously employed at Denmark Road School, ./prohibition_order_mr_john_peter_cattell_001.pdf-Gloucestershire between 1 September 2009 and 31 December 2010. ./prohibition_order_mr_john_peter_cattell_001.pdf-The Statement of Agreed Facts confirms that Mr Cattell admits the facts of this allegation ./prohibition_order_mr_john_peter_cattell_001.pdf-against him. ./prohibition_order_mr_john_peter_cattell_001.pdf- ./prohibition_order_mr_john_peter_cattell_001.pdf-The Panel turned its own independent minds to whether it found the facts of this ./prohibition_order_mr_john_peter_cattell_001.pdf-allegation proven. The Panel considered that Mr Cattell maintained a continuing ./prohibition_order_mr_john_peter_cattell_001.pdf-professional relationship of trust with Pupil A beyond his departure from Denmark Road ./prohibition_order_mr_john_peter_cattell_001.pdf-School in that: ./prohibition_order_mr_john_peter_cattell_001.pdf- -- ./prohibition_order_mr_john_peter_cattell_001.pdf:There is no dispute that he embarked on a sexual relationship with Pupil A. The Panel ./prohibition_order_mr_john_peter_cattell_001.pdf-considered that to be inappropriate given that it developed out of the professional ./prohibition_order_mr_john_peter_cattell_001.pdf-relationship of trust maintained by Mr Cattell. ./prohibition_order_mr_john_peter_cattell_001.pdf- ./prohibition_order_mr_john_peter_cattell_001.pdf-The allegation is therefore found proved. ./prohibition_order_mr_john_peter_cattell_001.pdf- ./prohibition_order_mr_john_peter_cattell_001.pdf-Findings as to Unacceptable Professional Conduct and/or ./prohibition_order_mr_john_peter_cattell_001.pdf-Conduct that may bring the profession into disrepute ./prohibition_order_mr_john_peter_cattell_001.pdf-In the Statement of Agreed Facts, Mr Cattell admitted that the facts of the allegation ./prohibition_order_mr_john_peter_cattell_001.pdf-amount to unacceptable professional conduct and/ or conduct that may bring the ./prohibition_order_mr_john_peter_cattell_001.pdf-profession into disrepute. -- ./prohibition_order_mr_john_peter_cattell_001.pdf-The Panel considers that public confidence in the profession could be seriously ./prohibition_order_mr_john_peter_cattell_001.pdf-weakened if conduct such as that found against Mr Cattell is not treated with the utmost ./prohibition_order_mr_john_peter_cattell_001.pdf-seriousness when regulating the conduct of the profession. ./prohibition_order_mr_john_peter_cattell_001.pdf- ./prohibition_order_mr_john_peter_cattell_001.pdf-Proportionality ./prohibition_order_mr_john_peter_cattell_001.pdf- ./prohibition_order_mr_john_peter_cattell_001.pdf-Notwithstanding the clear public interest considerations that were present, the Panel ./prohibition_order_mr_john_peter_cattell_001.pdf-considered carefully whether or not it would be proportionate to impose a Prohibition ./prohibition_order_mr_john_peter_cattell_001.pdf-Order taking into account the effect that this would have on Mr Cattell. In forming a ./prohibition_order_mr_john_peter_cattell_001.pdf-judgement in this respect, the Panel took particular account of the mitigation evidence ./prohibition_order_mr_john_peter_cattell_001.pdf:that was presented to it by Mr Cattell who has maintained that sexual contact did not take ./prohibition_order_mr_john_peter_cattell_001.pdf-place until Pupil A reached the age of 18 (although this is disputed by Pupil A) and he ./prohibition_order_mr_john_peter_cattell_001.pdf-has given an account that his training had led him to believe that in a hypothetical ./prohibition_order_mr_john_peter_cattell_001.pdf:scenario of a teacher and pupil engaging in a loving and sexual relationship once the ./prohibition_order_mr_john_peter_cattell_001.pdf-student had attained the age of 18, there was no safeguarding issue. Mr Cattell has ./prohibition_order_mr_john_peter_cattell_001.pdf-described having had a caring, loving relationship with Pupil A. Mr Cattell has also ./prohibition_order_mr_john_peter_cattell_001.pdf-explained that the relationship developed with Pupil A in circumstances in which his ./prohibition_order_mr_john_peter_cattell_001.pdf-marriage was in difficulty and he was facing financial difficulties. The Panel has seen ./prohibition_order_mr_john_peter_cattell_001.pdf- ./prohibition_order_mr_john_peter_cattell_001.pdf- 7 ./prohibition_order_mr_john_peter_cattell_001.pdf- -- ./prohibition_order_mr_john_peter_cattell_001.pdf- latest teachers’ standards ./prohibition_order_mr_john_peter_cattell_001.pdf-  abuse of position/trust (particularly involving vulnerable pupils) or violation of ./prohibition_order_mr_john_peter_cattell_001.pdf- the rights of pupils ./prohibition_order_mr_john_peter_cattell_001.pdf-Mitigation ./prohibition_order_mr_john_peter_cattell_001.pdf- ./prohibition_order_mr_john_peter_cattell_001.pdf-Even though there were behaviours that would point to a Prohibition Order being ./prohibition_order_mr_john_peter_cattell_001.pdf-appropriate, the Panel went on to consider whether or not there were sufficient mitigating ./prohibition_order_mr_john_peter_cattell_001.pdf-factors to militate against a Prohibition Order being an appropriate and proportionate ./prohibition_order_mr_john_peter_cattell_001.pdf-measure to impose. The Panel finds that Mr Cattell’s actions were deliberate, that he was ./prohibition_order_mr_john_peter_cattell_001.pdf-not acting under duress, but that he had a previously good history. The Panel did not ./prohibition_order_mr_john_peter_cattell_001.pdf:consider that Mr Cattell’s personal difficulties excused him embarking on a sexual ./prohibition_order_mr_john_peter_cattell_001.pdf-relationship with a pupil with whom he had maintained a professional relationship. The ./prohibition_order_mr_john_peter_cattell_001.pdf-Panel also considered it to be irrelevant as to whether Pupil A had attained the age of 18 ./prohibition_order_mr_john_peter_cattell_001.pdf-or not; Mr Cattell exercised poor judgement in failing to recognise that it was the position ./prohibition_order_mr_john_peter_cattell_001.pdf-of trust that he held in relation to Pupil A that made having a relationship with her ./prohibition_order_mr_john_peter_cattell_001.pdf-inappropriate. Mr Cattell had opportunities to reflect upon the relationship and yet it ./prohibition_order_mr_john_peter_cattell_001.pdf-continued for a period until ended by Pupil A. Neither did he seek any guidance as to ./prohibition_order_mr_john_peter_cattell_001.pdf-whether such a relationship would be appropriate. ./prohibition_order_mr_john_peter_cattell_001.pdf- ./prohibition_order_mr_john_peter_cattell_001.pdf-The Panel is of the view that Prohibition is both proportionate and appropriate. We have ./prohibition_order_mr_john_peter_cattell_001.pdf-decided that the public interest considerations outweigh the interests of Mr Cattell. -- ./prohibition_order_mr_john_peter_cattell_001.pdf-appropriate to allow a teacher to apply to have the prohibition order reviewed after a ./prohibition_order_mr_john_peter_cattell_001.pdf-specified period of time that may not be less than two years. ./prohibition_order_mr_john_peter_cattell_001.pdf- ./prohibition_order_mr_john_peter_cattell_001.pdf-The Teacher Misconduct – Prohibition of Teachers Advice indicates that there are ./prohibition_order_mr_john_peter_cattell_001.pdf-behaviours that, if proven, would militate against a review period being recommended. ./prohibition_order_mr_john_peter_cattell_001.pdf:One of these behaviours includes serious sexual misconduct. Whilst the Panel considers ./prohibition_order_mr_john_peter_cattell_001.pdf-the relationship to have been inappropriate, ill–judged and an abuse of trust the Panel is ./prohibition_order_mr_john_peter_cattell_001.pdf-not satisfied, however, that the conduct on the specific facts in this case should be ./prohibition_order_mr_john_peter_cattell_001.pdf:deemed to be serious sexual misconduct. Given that there was no evidence of a prior ./prohibition_order_mr_john_peter_cattell_001.pdf:intention on the part of Mr Cattell to embark on a sexual relationship with Pupil A when ./prohibition_order_mr_john_peter_cattell_001.pdf-he left Denmark Road School or in the initial emails between them, the Panel does not ./prohibition_order_mr_john_peter_cattell_001.pdf-consider this to be a case of deliberate grooming. Mr Cattell has admitted that his actions ./prohibition_order_mr_john_peter_cattell_001.pdf-have been unacceptable, he has shown remorse and has a previous good history. The ./prohibition_order_mr_john_peter_cattell_001.pdf-Panel are therefore of the view that he should be permitted to demonstrate whether he is ./prohibition_order_mr_john_peter_cattell_001.pdf-fit to teach after a period of two years. ./prohibition_order_mr_john_peter_cattell_001.pdf- ./prohibition_order_mr_john_peter_cattell_001.pdf- ./prohibition_order_mr_john_peter_cattell_001.pdf-Decision and reasons on behalf of the Secretary of ./prohibition_order_mr_john_peter_cattell_001.pdf-State ./prohibition_order_mr_john_peter_cattell_001.pdf-I have carefully considered the findings and recommendations of the panel in this case. -- ./prohibition_order_mr_john_peter_cattell_001.pdf-considered the influence that teachers may have on pupils, parents and others in the ./prohibition_order_mr_john_peter_cattell_001.pdf-community. The Panel has found Mr Cattell’s actions to constitute conduct that may bring ./prohibition_order_mr_john_peter_cattell_001.pdf-the profession into disrepute. The Panel has found that Mr Cattell’s conduct falls ./prohibition_order_mr_john_peter_cattell_001.pdf-significantly short of the standards expected of the profession and I agree with their ./prohibition_order_mr_john_peter_cattell_001.pdf-recommendation that Mr Cattell should be prohibited. ./prohibition_order_mr_john_peter_cattell_001.pdf- ./prohibition_order_mr_john_peter_cattell_001.pdf-The panel have given proper consideration to the question of whether to allow an ./prohibition_order_mr_john_peter_cattell_001.pdf-opportunity for Mr Cattell to apply to have the order set aside. Whilst the Panel consider ./prohibition_order_mr_john_peter_cattell_001.pdf-the relationship to have been inappropriate, ill–judged and an abuse of trust they were ./prohibition_order_mr_john_peter_cattell_001.pdf-not satisfied that the conduct on the specific facts in this case should be deemed to be ./prohibition_order_mr_john_peter_cattell_001.pdf:serious sexual misconduct. Given that there was no evidence of a prior intention on the ./prohibition_order_mr_john_peter_cattell_001.pdf:part of Mr Cattell to embark on a sexual relationship with Pupil A when he left Denmark ./prohibition_order_mr_john_peter_cattell_001.pdf-Road School or in the initial emails between them, the Panel does not consider this to be ./prohibition_order_mr_john_peter_cattell_001.pdf- ./prohibition_order_mr_john_peter_cattell_001.pdf- ./prohibition_order_mr_john_peter_cattell_001.pdf- 9 ./prohibition_order_mr_john_peter_cattell_001.pdf- -- ./prohibition_order_mr_john_peter_cattell_001.pdf:a case of deliberate grooming. Mr Cattell has admitted that his actions have been ./prohibition_order_mr_john_peter_cattell_001.pdf-unacceptable, he has shown remorse and has a previous good history. In the ./prohibition_order_mr_john_peter_cattell_001.pdf-circumstances I agree with their recommendation that Mr Cattell should be allowed to ./prohibition_order_mr_john_peter_cattell_001.pdf-apply for the order to be set aside after a minimum period of 2 years. ./prohibition_order_mr_john_peter_cattell_001.pdf- ./prohibition_order_mr_john_peter_cattell_001.pdf-This means that Mr John Peter Cattell is prohibited from teaching indefinitely and cannot ./prohibition_order_mr_john_peter_cattell_001.pdf-teach in any school, sixth form college, relevant youth accommodation or children’s home ./prohibition_order_mr_john_peter_cattell_001.pdf-in England. He may apply for the Prohibition Order to be set aside, but not until 16 ./prohibition_order_mr_john_peter_cattell_001.pdf-January 2016, 2 years from the date of this order at the earliest. If he does apply, a ./prohibition_order_mr_john_peter_cattell_001.pdf-panel will meet to consider whether the Prohibition Order should be set aside. Without a ./prohibition_order_mr_john_peter_cattell_001.pdf-successful application, Mr John Peter Cattell remains barred from teaching indefinitely. ./prohibition_order_mr_joseph_kerr_001.pdf- 3 ./prohibition_order_mr_joseph_kerr_001.pdf- ./prohibition_order_mr_joseph_kerr_001.pdf- ./prohibition_order_mr_joseph_kerr_001.pdf-We confirm that we have read all the documents provided in the bundle in advance ./prohibition_order_mr_joseph_kerr_001.pdf-of the hearing. ./prohibition_order_mr_joseph_kerr_001.pdf- ./prohibition_order_mr_joseph_kerr_001.pdf-It is alleged that Mr Kerr has been convicted of four relevant offences which relate to ./prohibition_order_mr_joseph_kerr_001.pdf:sexual activity with two female pupils, one of whom was 17 and the other was 15. ./prohibition_order_mr_joseph_kerr_001.pdf- ./prohibition_order_mr_joseph_kerr_001.pdf-Findings of fact ./prohibition_order_mr_joseph_kerr_001.pdf- ./prohibition_order_mr_joseph_kerr_001.pdf-Our findings of fact are as follows: ./prohibition_order_mr_joseph_kerr_001.pdf- ./prohibition_order_mr_joseph_kerr_001.pdf-We have found the following particulars of the allegations against Mr Kerr proven, for ./prohibition_order_mr_joseph_kerr_001.pdf-these reasons: ./prohibition_order_mr_joseph_kerr_001.pdf- ./prohibition_order_mr_joseph_kerr_001.pdf-Mr Kerr was convicted of the following offences: ./prohibition_order_mr_joseph_kerr_001.pdf- -- ./prohibition_order_mr_joseph_kerr_001.pdf-uphold public trust in the profession and to maintain high standards of ethics and ./prohibition_order_mr_joseph_kerr_001.pdf-behaviour within and outside of school by: ./prohibition_order_mr_joseph_kerr_001.pdf- ./prohibition_order_mr_joseph_kerr_001.pdf- Failing to treat pupils with dignity, build relations rooted in mutual respect and at ./prohibition_order_mr_joseph_kerr_001.pdf- all times observe proper boundaries appropriate to a teacher’s professional ./prohibition_order_mr_joseph_kerr_001.pdf- position; and ./prohibition_order_mr_joseph_kerr_001.pdf- ./prohibition_order_mr_joseph_kerr_001.pdf- Failing to have regard to the need to safeguard pupils’ wellbeing in accordance ./prohibition_order_mr_joseph_kerr_001.pdf- with statutory provisions. ./prohibition_order_mr_joseph_kerr_001.pdf- ./prohibition_order_mr_joseph_kerr_001.pdf:The convictions relate to sexual offences with children, one of whom was under the ./prohibition_order_mr_joseph_kerr_001.pdf-age of consent, and took place in an educational context on several occasions. ./prohibition_order_mr_joseph_kerr_001.pdf-Further, terms of imprisonment were imposed albeit suspended. ./prohibition_order_mr_joseph_kerr_001.pdf- ./prohibition_order_mr_joseph_kerr_001.pdf-Panel’s Recommendation to the Secretary of State ./prohibition_order_mr_joseph_kerr_001.pdf- ./prohibition_order_mr_joseph_kerr_001.pdf-When considering what sanction, if any, to recommend we have had regard to “The ./prohibition_order_mr_joseph_kerr_001.pdf-Prohibition of Teachers – DfE advice on factors relating to decisions leading to the ./prohibition_order_mr_joseph_kerr_001.pdf-prohibition of teachers from the teaching profession”. In particular we have had ./prohibition_order_mr_joseph_kerr_001.pdf-regard to the protection of children, the maintenance of public confidence in the ./prohibition_order_mr_joseph_kerr_001.pdf-profession and declaring and upholding proper standards of conduct. We have -- ./prohibition_order_mr_joseph_kerr_001.pdf- ./prohibition_order_mr_joseph_kerr_001.pdf-The convictions received by Mr Kerr are incompatible with being a teacher for ./prohibition_order_mr_joseph_kerr_001.pdf-several reasons: ./prohibition_order_mr_joseph_kerr_001.pdf- ./prohibition_order_mr_joseph_kerr_001.pdf- They constituted a serious departure from the personal and professional ./prohibition_order_mr_joseph_kerr_001.pdf- elements of the latest teacher’s standards published by the Department for ./prohibition_order_mr_joseph_kerr_001.pdf- Education; ./prohibition_order_mr_joseph_kerr_001.pdf- They amounted to misconduct that may have or did seriously affect the education ./prohibition_order_mr_joseph_kerr_001.pdf- and/or well being of the pupils concerned; ./prohibition_order_mr_joseph_kerr_001.pdf- There is evidence of a deep-seated attitude leading to harmful behaviour; ./prohibition_order_mr_joseph_kerr_001.pdf: The offences in question were serious sexual offences that led to the imposition ./prohibition_order_mr_joseph_kerr_001.pdf- of terms of imprisonment, albeit suspended. ./prohibition_order_mr_joseph_kerr_001.pdf- ./prohibition_order_mr_joseph_kerr_001.pdf-Mr Kerr has not engaged with the proceedings or provided any evidence of insight or ./prohibition_order_mr_joseph_kerr_001.pdf-mitigation. In any event his actions were deliberate, over a course of time with two ./prohibition_order_mr_joseph_kerr_001.pdf-different pupils. ./prohibition_order_mr_joseph_kerr_001.pdf- -- ./prohibition_order_mr_joseph_kerr_001.pdf-during which Mr Kerr might be able to undertake activities that he would not be able ./prohibition_order_mr_joseph_kerr_001.pdf-to do whilst the Notice was in force. ./prohibition_order_mr_joseph_kerr_001.pdf- ./prohibition_order_mr_joseph_kerr_001.pdf-Secretary of State’s Decision and Reasons ./prohibition_order_mr_joseph_kerr_001.pdf- ./prohibition_order_mr_joseph_kerr_001.pdf-I have given very careful consideration to this case. I have given careful ./prohibition_order_mr_joseph_kerr_001.pdf-consideration to the recommendation of the panel in respect of sanction. I have also ./prohibition_order_mr_joseph_kerr_001.pdf-given very careful consideration to the recommendation of the panel in respect of a ./prohibition_order_mr_joseph_kerr_001.pdf-review period. ./prohibition_order_mr_joseph_kerr_001.pdf- ./prohibition_order_mr_joseph_kerr_001.pdf:Mr Kerr has four convictions for Sexual Assault, two of which are for sexual assault ./prohibition_order_mr_joseph_kerr_001.pdf-with a female under the age of sixteen. ./prohibition_order_mr_joseph_kerr_001.pdf- ./prohibition_order_mr_joseph_kerr_001.pdf-The panel have found that this behaviour represents a serious departure from the ./prohibition_order_mr_joseph_kerr_001.pdf-standards expected of a teacher. Indeed the panel have made clear that the ./prohibition_order_mr_joseph_kerr_001.pdf-offences: ./prohibition_order_mr_joseph_kerr_001.pdf- ./prohibition_order_mr_joseph_kerr_001.pdf- constituted a serious departure from the personal and professional elements of ./prohibition_order_mr_joseph_kerr_001.pdf- the latest teacher’s standards published by the Department for Education; ./prohibition_order_mr_joseph_kerr_001.pdf- amounted to misconduct that may have or did seriously affect the education ./prohibition_order_mr_joseph_kerr_001.pdf- and/or well being of the pupils concerned; ./prohibition_order_mr_joseph_kerr_001.pdf- include evidence of a deep-seated attitude leading to harmful behaviour; ./prohibition_order_mr_joseph_kerr_001.pdf: were serious sexual offences that led to the imposition of terms of imprisonment, ./prohibition_order_mr_joseph_kerr_001.pdf- albeit suspended. ./prohibition_order_mr_joseph_kerr_001.pdf- ./prohibition_order_mr_joseph_kerr_001.pdf-For these reasons I support the recommendation of the panel that Mr Kerr be ./prohibition_order_mr_joseph_kerr_001.pdf-prohibited. ./prohibition_order_mr_joseph_kerr_001.pdf- ./prohibition_order_mr_joseph_kerr_001.pdf-I have also given careful consideration to the review period. ./prohibition_order_mr_joseph_kerr_001.pdf- ./prohibition_order_mr_joseph_kerr_001.pdf-The panel have recommended a 10 year review period. ./prohibition_order_mr_joseph_kerr_001.pdf- ./prohibition_order_mr_joseph_kerr_001.pdf-I have considered this very carefully. ./prohibition_order_mr_joseph_owen_003.pdf- The questions Witness B had asked of Mr Owen at interview were based on ./prohibition_order_mr_joseph_owen_003.pdf- the Police examination report (at pages 100 to 183 of the case papers). ./prohibition_order_mr_joseph_owen_003.pdf- Witness B did not look for further evidence beyond the evidence contained ./prohibition_order_mr_joseph_owen_003.pdf- within the Police report. ./prohibition_order_mr_joseph_owen_003.pdf- ./prohibition_order_mr_joseph_owen_003.pdf- The facts were not challenged by Mr Owen during the interview or at the ./prohibition_order_mr_joseph_owen_003.pdf- Governors’ meeting. ./prohibition_order_mr_joseph_owen_003.pdf- ./prohibition_order_mr_joseph_owen_003.pdf- Witness B would not expect a teacher to respond to Pupil A’s Facebook ./prohibition_order_mr_joseph_owen_003.pdf- message (with particular references to Facebook extracts on pages 131 and ./prohibition_order_mr_joseph_owen_003.pdf: 133 of the case papers). There were clear sexual overtones to these messages ./prohibition_order_mr_joseph_owen_003.pdf- and it was inappropriate for Mr Owen to have responded as he did. ./prohibition_order_mr_joseph_owen_003.pdf- ./prohibition_order_mr_joseph_owen_003.pdf: Mr Owen admitted that he found Pupil A sexually intriguing. He just said that ./prohibition_order_mr_joseph_owen_003.pdf- that was the situation. Witness B was satisfied that the notes of the ./prohibition_order_mr_joseph_owen_003.pdf- investigatory meeting with Mr Owen (at pages 184 to 186 of the case papers) ./prohibition_order_mr_joseph_owen_003.pdf- were an accurate reflection of the meeting. These were sent to Mr Owen and ./prohibition_order_mr_joseph_owen_003.pdf- were not challenged by him after the meeting or at the Governors’ Disciplinary. ./prohibition_order_mr_joseph_owen_003.pdf- ./prohibition_order_mr_joseph_owen_003.pdf- Witness B’s report prepared for the Governors’ meeting was at pages 29 to 35 ./prohibition_order_mr_joseph_owen_003.pdf- of the case papers. This is the basis of the evidence presented to the ./prohibition_order_mr_joseph_owen_003.pdf- Governors. Mr Owen accepted the facts as set out in this report and admitted ./prohibition_order_mr_joseph_owen_003.pdf- that his actions were inappropriate. He contended that he had attempted to ./prohibition_order_mr_joseph_owen_003.pdf- stop communication with Pupil A by virtue of the conversation he had had with -- ./prohibition_order_mr_joseph_owen_003.pdf- 5 ./prohibition_order_mr_joseph_owen_003.pdf- ./prohibition_order_mr_joseph_owen_003.pdf- ./prohibition_order_mr_joseph_owen_003.pdf- Witness B stated that Mr Owen has been in Norwich for 18 months by the time ./prohibition_order_mr_joseph_owen_003.pdf- of the conduct. He had friends amongst staff and did not portray a picture of ./prohibition_order_mr_joseph_owen_003.pdf- someone who was lonely or isolated. ./prohibition_order_mr_joseph_owen_003.pdf- ./prohibition_order_mr_joseph_owen_003.pdf- Mr Owen’s conduct was wholly unacceptable. He had stepped across the line, ./prohibition_order_mr_joseph_owen_003.pdf- putting himself and Pupil A at risk by using communication and language which ./prohibition_order_mr_joseph_owen_003.pdf: had sexual implications. ./prohibition_order_mr_joseph_owen_003.pdf- ./prohibition_order_mr_joseph_owen_003.pdf- He had concerns that the situation could have developed into something more ./prohibition_order_mr_joseph_owen_003.pdf- serious. ./prohibition_order_mr_joseph_owen_003.pdf- ./prohibition_order_mr_joseph_owen_003.pdf- Mr Owen was a newly qualified teacher with good teaching practice. He had ./prohibition_order_mr_joseph_owen_003.pdf- the potential to become a good teacher. Pupil A moved on and he did not have ./prohibition_order_mr_joseph_owen_003.pdf- information as to the impact of the conduct upon her. Pupil A’s parents ./prohibition_order_mr_joseph_owen_003.pdf- struggled to understand what was wrong about what had happened but they did ./prohibition_order_mr_joseph_owen_003.pdf- not have the full facts. ./prohibition_order_mr_joseph_owen_003.pdf- -- ./prohibition_order_mr_joseph_owen_003.pdf- 7 ./prohibition_order_mr_joseph_owen_003.pdf- ./prohibition_order_mr_joseph_owen_003.pdf- ./prohibition_order_mr_joseph_owen_003.pdf-Mr. Owen has admitted both these facts in his written response to the Notice of ./prohibition_order_mr_joseph_owen_003.pdf-Proceedings dated 20 April 2012 at page 9 of the case papers. We have accepted ./prohibition_order_mr_joseph_owen_003.pdf-the evidence of Witness A that Mr Owen admitted to her, during his police ./prohibition_order_mr_joseph_owen_003.pdf-interview, that he had accepted Pupil A as a friend on Facebook and corresponded ./prohibition_order_mr_joseph_owen_003.pdf-with her on this social networking site. He also stated at this interview that he ./prohibition_order_mr_joseph_owen_003.pdf:found Pupil A “sexually intriguing”. This is supported by evidence in the case ./prohibition_order_mr_joseph_owen_003.pdf-papers, being the Record of Interview with Norfolk Police at pages 80 to 82 and ./prohibition_order_mr_joseph_owen_003.pdf-the examination report of the contents of Mr Owen’s and Pupil A’s computers which ./prohibition_order_mr_joseph_owen_003.pdf-includes extracts from Mr Owen’s Facebook messages. We noted that Mr. Owen’s ./prohibition_order_mr_joseph_owen_003.pdf-Facebook profile at page 182 of the case papers clearly indicates that Pupil A had ./prohibition_order_mr_joseph_owen_003.pdf-been accepted as his friend. ./prohibition_order_mr_joseph_owen_003.pdf-We also accepted the evidence of Witness B, the School Principal, that . Owen ./prohibition_order_mr_joseph_owen_003.pdf-admitted during the Investigatory Interview on 20 November 2008 that he had ./prohibition_order_mr_joseph_owen_003.pdf-accepted Pupil A as a friend and communicated with her on Facebook. Witness B ./prohibition_order_mr_joseph_owen_003.pdf-told us that he had put specific extracts of the Norfolk Police Computer Crime Unit ./prohibition_order_mr_joseph_owen_003.pdf-report to Mr Owen and that Mr Owen admitted that he had responded to Pupil A. ./Prohibition_order_Mr_Keith_Ellen.pdf-Findings as to conviction of a relevant offence ./Prohibition_order_Mr_Keith_Ellen.pdf- ./Prohibition_order_Mr_Keith_Ellen.pdf-In considering the allegations that the Panel has found proven, the Panel has had regard ./Prohibition_order_Mr_Keith_Ellen.pdf-to the definitions in The Teacher Misconduct – Prohibition of Teachers Advice, which is ./Prohibition_order_Mr_Keith_Ellen.pdf-referred to as the ‘Guidance’. ./Prohibition_order_Mr_Keith_Ellen.pdf- ./Prohibition_order_Mr_Keith_Ellen.pdf-The Panel found that the matters proved do amount to conviction of a relevant offence, ./Prohibition_order_Mr_Keith_Ellen.pdf:as they represent an indecent assault, ie sexualised behaviour towards a child. ./Prohibition_order_Mr_Keith_Ellen.pdf- ./Prohibition_order_Mr_Keith_Ellen.pdf-The Panel is satisfied that the conduct of Mr Ellen in relation to the facts it has found ./Prohibition_order_Mr_Keith_Ellen.pdf-proved, involved breaches of the Teachers’ Standards. It considers that by reference to ./Prohibition_order_Mr_Keith_Ellen.pdf-Part Two, Mr Ellen is in breach of the following standards: ./Prohibition_order_Mr_Keith_Ellen.pdf- ./Prohibition_order_Mr_Keith_Ellen.pdf-  Teachers uphold public trust in the profession and maintain high standards of ./Prohibition_order_Mr_Keith_Ellen.pdf- ethics and behaviour, within and outside school, by: ./Prohibition_order_Mr_Keith_Ellen.pdf- treating pupils with dignity, building relationships rooted in mutual respect, ./Prohibition_order_Mr_Keith_Ellen.pdf- and at all times observing proper boundaries appropriate to a teacher’s ./Prohibition_order_Mr_Keith_Ellen.pdf- professional position; ./Prohibition_order_Mr_Keith_Ellen.pdf- having regard for the need to safeguard pupils’ well-being, in accordance ./Prohibition_order_Mr_Keith_Ellen.pdf- with statutory provisions; ./Prohibition_order_Mr_Keith_Ellen.pdf- showing tolerance of and respect for the rights of others; ./Prohibition_order_Mr_Keith_Ellen.pdf-  Teachers must have an understanding of, and always act within, the statutory ./Prohibition_order_Mr_Keith_Ellen.pdf- frameworks which set out their professional duties and responsibilities. ./Prohibition_order_Mr_Keith_Ellen.pdf-The Panel notes that Mr Ellen’s actions were relevant to teaching, working with children ./Prohibition_order_Mr_Keith_Ellen.pdf-and / or working in an education setting as he has admitted kissing a 14 year old pupil of ./Prohibition_order_Mr_Keith_Ellen.pdf-his former school and touching her physically, when she was below the age of legal ./Prohibition_order_Mr_Keith_Ellen.pdf-consent. The Panel note that the Guidance indicates that it is likely that an offence that ./Prohibition_order_Mr_Keith_Ellen.pdf:led to a term of imprisonment or involves sexual activity will be considered a relevant ./Prohibition_order_Mr_Keith_Ellen.pdf-offence. Both of these criteria are met by the facts relating to this case and the Panel ./Prohibition_order_Mr_Keith_Ellen.pdf-sees no reason to depart from the Guidance. ./Prohibition_order_Mr_Keith_Ellen.pdf- ./Prohibition_order_Mr_Keith_Ellen.pdf-The Panel has also taken account of how the teaching profession is viewed by others. ./Prohibition_order_Mr_Keith_Ellen.pdf-The Panel considered that Mr Ellen’s behaviour in committing the offence could affect ./Prohibition_order_Mr_Keith_Ellen.pdf-public confidence in the teaching profession given the influence that teachers may have ./Prohibition_order_Mr_Keith_Ellen.pdf-on pupils, parents and others in the community. ./Prohibition_order_Mr_Keith_Ellen.pdf- ./Prohibition_order_Mr_Keith_Ellen.pdf-The Panel has noted that Mr Ellen’s behaviour has ultimately led to him receiving a ./Prohibition_order_Mr_Keith_Ellen.pdf-sentence of imprisonment (albeit that it is suspended), which is indicative of the -- ./Prohibition_order_Mr_Keith_Ellen.pdf-Ellen. The Panel took further account of the Guidance, which suggests that a Prohibition ./Prohibition_order_Mr_Keith_Ellen.pdf-Order may be appropriate if certain behaviours of a teacher have been proven. In the list ./Prohibition_order_Mr_Keith_Ellen.pdf-of such behaviours, those that are relevant in this case are: ./Prohibition_order_Mr_Keith_Ellen.pdf- ./Prohibition_order_Mr_Keith_Ellen.pdf-  serious departure from the personal and professional conduct elements of the ./Prohibition_order_Mr_Keith_Ellen.pdf- teachers’ standards ./Prohibition_order_Mr_Keith_Ellen.pdf-  misconduct seriously affecting the education and/or well being of pupils, and ./Prohibition_order_Mr_Keith_Ellen.pdf- particularly where there is a continuing risk ./Prohibition_order_Mr_Keith_Ellen.pdf-  abuse of position or trust (particularly involving vulnerable pupils) or violation of the ./Prohibition_order_Mr_Keith_Ellen.pdf- rights of pupils ./Prohibition_order_Mr_Keith_Ellen.pdf:  sexual misconduct, eg involving actions that were sexually motivated or of a ./Prohibition_order_Mr_Keith_Ellen.pdf: sexual nature and/or that use or exploit the trust, knowledge or influence derived ./Prohibition_order_Mr_Keith_Ellen.pdf- from the individual’s professional position; ./Prohibition_order_Mr_Keith_Ellen.pdf-  the commission of a serious criminal offence, including those that resulted in a ./Prohibition_order_Mr_Keith_Ellen.pdf- conviction or caution, paying particular attention to offences that are ‘relevant ./Prohibition_order_Mr_Keith_Ellen.pdf- matters’ for the purposes of the Police Act 1997 and criminal record disclosures. ./Prohibition_order_Mr_Keith_Ellen.pdf-If a person has more than one conviction, then any convictions (including spent ./Prohibition_order_Mr_Keith_Ellen.pdf-convictions) are included under the definition of “relevant matters” for the purposes of the ./Prohibition_order_Mr_Keith_Ellen.pdf-Police Act 1997. ./Prohibition_order_Mr_Keith_Ellen.pdf- ./Prohibition_order_Mr_Keith_Ellen.pdf-Even though there were behaviours that would point to a Prohibition Order being ./Prohibition_order_Mr_Keith_Ellen.pdf-appropriate, the Panel went on to consider whether or not there were sufficient mitigating -- ./Prohibition_order_Mr_Keith_Ellen.pdf-the character statements provided on behalf of Mr Ellen were written in the knowledge of ./Prohibition_order_Mr_Keith_Ellen.pdf-the criminal allegations which Mr Ellen admitted. ./Prohibition_order_Mr_Keith_Ellen.pdf- ./Prohibition_order_Mr_Keith_Ellen.pdf-The Panel had no evidence before it which indicated that apart from his convictions for ./Prohibition_order_Mr_Keith_Ellen.pdf-four incidences of indecent assault and a concern raised in 2012 at William Parker Sports ./Prohibition_order_Mr_Keith_Ellen.pdf-College, which resulted in a reduction in his teaching duties (of which the Panel had no ./Prohibition_order_Mr_Keith_Ellen.pdf-further detail) that Mr Ellen’s teaching record was anything other than positive. ./Prohibition_order_Mr_Keith_Ellen.pdf- ./Prohibition_order_Mr_Keith_Ellen.pdf-Mr Ellen has admitted his conduct was inappropriate and the Panel notes that his actions ./Prohibition_order_Mr_Keith_Ellen.pdf-were repeated and deliberate. There was no evidence that he was acting under duress. ./Prohibition_order_Mr_Keith_Ellen.pdf:Further, the Panel considered that his behaviour was sexually motivated towards the ./Prohibition_order_Mr_Keith_Ellen.pdf-female pupil concerned. ./Prohibition_order_Mr_Keith_Ellen.pdf- ./Prohibition_order_Mr_Keith_Ellen.pdf-Mr Ellen indicated in his written account that he regrets the incidents which led to his ./Prohibition_order_Mr_Keith_Ellen.pdf-convictions and that it was right that he was punished and that this should serve as a ./Prohibition_order_Mr_Keith_Ellen.pdf-deterrent to others in the profession. Mr Ellen also indicated that with the benefit of ./Prohibition_order_Mr_Keith_Ellen.pdf-hindsight he recognised that he had blurred the boundaries and he had learnt from his ./Prohibition_order_Mr_Keith_Ellen.pdf-behaviour. However, the Panel is concerned that even now he has failed to recognise the ./Prohibition_order_Mr_Keith_Ellen.pdf-emotional and moral dimension to his inappropriate conduct towards a child, preferring to ./Prohibition_order_Mr_Keith_Ellen.pdf-rely on his own view that the pupil consented. By doing so, Mr Ellen has failed to ./Prohibition_order_Mr_Keith_Ellen.pdf-recognise the breach of trust and the risk to the pupil’s wellbeing. -- ./Prohibition_order_Mr_Keith_Ellen.pdf- ./Prohibition_order_Mr_Keith_Ellen.pdf-The Panel went on to consider whether or not it would be appropriate to recommend that ./Prohibition_order_Mr_Keith_Ellen.pdf-a review period of the Prohibition Order should be considered. The Panel were mindful ./Prohibition_order_Mr_Keith_Ellen.pdf-that the Teacher Misconduct – Prohibition of Teachers Advice advises that a Prohibition ./Prohibition_order_Mr_Keith_Ellen.pdf-Order applies for life, but there may be circumstances in any given case that may make it ./Prohibition_order_Mr_Keith_Ellen.pdf-appropriate to allow a teacher to apply to have the Prohibition Order reviewed after a ./Prohibition_order_Mr_Keith_Ellen.pdf-specified period of time that may not be less than two years. ./Prohibition_order_Mr_Keith_Ellen.pdf- ./Prohibition_order_Mr_Keith_Ellen.pdf-The Teacher Misconduct – Prohibition of Teachers Advice indicates that there are ./Prohibition_order_Mr_Keith_Ellen.pdf-behaviours that, if proven, would militate against a review period being recommended. ./Prohibition_order_Mr_Keith_Ellen.pdf:One of these behaviours includes serious sexual misconduct, eg where the act was ./Prohibition_order_Mr_Keith_Ellen.pdf:sexually motivated and resulted in or had the potential to result in, harm to a person or ./Prohibition_order_Mr_Keith_Ellen.pdf-persons, particularly where the individual has used their professional position to influence ./Prohibition_order_Mr_Keith_Ellen.pdf-or exploit a person. Whereas the criminal convictions for which Mr Ellen has received a ./Prohibition_order_Mr_Keith_Ellen.pdf-sentence relate to indecent assault, the extent of which the Panel has limited information, ./Prohibition_order_Mr_Keith_Ellen.pdf:the Panel considers Mr Ellen’s conduct does amount to “serious sexual misconduct” ./Prohibition_order_Mr_Keith_Ellen.pdf:given it was sexually motivated and his lack of insight of the potential harm to the female ./Prohibition_order_Mr_Keith_Ellen.pdf-pupil concerned renders his conduct “serious”. The Panel were very concerned at his ./Prohibition_order_Mr_Keith_Ellen.pdf-lack of insight even now. The Panel noted that the pupil initiated the criminal ./Prohibition_order_Mr_Keith_Ellen.pdf-proceedings. ./Prohibition_order_Mr_Keith_Ellen.pdf- ./Prohibition_order_Mr_Keith_Ellen.pdf- ./Prohibition_order_Mr_Keith_Ellen.pdf- 11 ./Prohibition_order_Mr_Keith_Ellen.pdf- -- ./Prohibition_order_Mr_Keith_Ellen.pdf-The panel have taken account of the mitigation evidence presented to it including Mr ./Prohibition_order_Mr_Keith_Ellen.pdf-Ellen’s detailed account of his teaching and youth group activities and employment and ./Prohibition_order_Mr_Keith_Ellen.pdf-character references. Mr Ellen has shown that he regrets the incidents that led to his ./Prohibition_order_Mr_Keith_Ellen.pdf-convictions and has recognised that he blurred the boundaries of what was acceptable ./Prohibition_order_Mr_Keith_Ellen.pdf-behaviour. The panel have though registered their concern that even now he has failed to ./Prohibition_order_Mr_Keith_Ellen.pdf-recognise the breach of trust and the risk to the pupil’s wellbeing. ./Prohibition_order_Mr_Keith_Ellen.pdf- ./Prohibition_order_Mr_Keith_Ellen.pdf-In the circumstances I agree with the panel’s recommendation that Mr Ellen should be ./Prohibition_order_Mr_Keith_Ellen.pdf-prohibited from teaching. ./Prohibition_order_Mr_Keith_Ellen.pdf- ./Prohibition_order_Mr_Keith_Ellen.pdf:The panel consider that Mr Ellen’s behaviour amounts to serious sexual misconduct and ./Prohibition_order_Mr_Keith_Ellen.pdf-have recommended that the order should be without provision for Mr Ellen to apply to ./Prohibition_order_Mr_Keith_Ellen.pdf-have it set aside. I agree with their recommendation. ./Prohibition_order_Mr_Keith_Ellen.pdf- ./Prohibition_order_Mr_Keith_Ellen.pdf-This means that Mr Keith Ellen is prohibited from teaching indefinitely and cannot ./Prohibition_order_Mr_Keith_Ellen.pdf-teach in any school, sixth form college, relevant youth accommodation or ./Prohibition_order_Mr_Keith_Ellen.pdf-children’s home in England. Furthermore, in view of the seriousness of the allegations ./Prohibition_order_Mr_Keith_Ellen.pdf-found proved against him, I have decided that Mr Keith Ellen shall not be entitled to apply ./Prohibition_order_Mr_Keith_Ellen.pdf-for restoration of his eligibility to teach. ./Prohibition_order_Mr_Keith_Ellen.pdf- ./Prohibition_order_Mr_Keith_Ellen.pdf-This Order takes effect from the date on which it is served on the Teacher. ./Prohibition_order_Mr_Luke_Stephens.pdf-  Teachers must have proper and professional regard for the ethos, policies and ./Prohibition_order_Mr_Luke_Stephens.pdf- practices of the school in which they teach … ; ./Prohibition_order_Mr_Luke_Stephens.pdf-  Teachers must have an understanding of, and always act within, the statutory ./Prohibition_order_Mr_Luke_Stephens.pdf- frameworks which set out their professional duties and responsibilities. ./Prohibition_order_Mr_Luke_Stephens.pdf-The Panel is satisfied that the conduct of Mr Luke Stephens fell significantly short of the ./Prohibition_order_Mr_Luke_Stephens.pdf-standards expected of the profession. ./Prohibition_order_Mr_Luke_Stephens.pdf- ./Prohibition_order_Mr_Luke_Stephens.pdf-The Panel has also considered whether Mr Stephens’s conduct displayed behaviours ./Prohibition_order_Mr_Luke_Stephens.pdf-associated with any of the offences listed on page 8 and 9 of the Guidance and we have ./Prohibition_order_Mr_Luke_Stephens.pdf-found that the conduct did display behaviour associated with an offence relating to or ./Prohibition_order_Mr_Luke_Stephens.pdf:involving sexual activity, in that it led to a caution for an offence under the Sexual ./Prohibition_order_Mr_Luke_Stephens.pdf-Offences Act 2003. The Guidance indicates that where behaviours associated with such ./Prohibition_order_Mr_Luke_Stephens.pdf-an offence exist, a Panel is likely to conclude that an individual’s conduct would amount ./Prohibition_order_Mr_Luke_Stephens.pdf-to unacceptable professional conduct. ./Prohibition_order_Mr_Luke_Stephens.pdf- ./Prohibition_order_Mr_Luke_Stephens.pdf-Accordingly, the Panel is satisfied that Mr Luke Stephens’ behaviour amounts to ./Prohibition_order_Mr_Luke_Stephens.pdf-unacceptable professional conduct. ./Prohibition_order_Mr_Luke_Stephens.pdf- ./Prohibition_order_Mr_Luke_Stephens.pdf-In considering whether Mr Stephens’ behaviour also amounts to conduct that may bring ./Prohibition_order_Mr_Luke_Stephens.pdf-the profession into disrepute, the Panel has taken into account how the teaching ./Prohibition_order_Mr_Luke_Stephens.pdf-profession is viewed by others and considered the influence that teachers may have on -- ./Prohibition_order_Mr_Luke_Stephens.pdf- ./Prohibition_order_Mr_Luke_Stephens.pdf-  Misconduct seriously affecting the education and/or well being of pupils, and ./Prohibition_order_Mr_Luke_Stephens.pdf- particularly where there is a continuing risk. ./Prohibition_order_Mr_Luke_Stephens.pdf-Notwithstanding the evidence that student A’s academic performance was excellent, the ./Prohibition_order_Mr_Luke_Stephens.pdf-Panel took into consideration the risks to student A if Mr Stephens’ conduct had been ./Prohibition_order_Mr_Luke_Stephens.pdf-allowed to continue and also the potential effect of his conduct on other pupils, including ./Prohibition_order_Mr_Luke_Stephens.pdf-contemporaries of student A when Mr Stephens was giving particular attention to student ./Prohibition_order_Mr_Luke_Stephens.pdf-A, for example by sending e-mails to student A during school hours. ./Prohibition_order_Mr_Luke_Stephens.pdf- ./Prohibition_order_Mr_Luke_Stephens.pdf-  Abuse of position or trust … or violation of the rights of pupils. ./Prohibition_order_Mr_Luke_Stephens.pdf:  Sexual misconduct, eg involving actions that were sexually motivated or of a ./Prohibition_order_Mr_Luke_Stephens.pdf: sexual nature and/or that use or exploit the trust, knowledge or influence derived ./Prohibition_order_Mr_Luke_Stephens.pdf- from the individual’s professional position. ./Prohibition_order_Mr_Luke_Stephens.pdf-Even though there were behaviours that would point to a Prohibition Order being ./Prohibition_order_Mr_Luke_Stephens.pdf-appropriate, the Panel went on to consider whether or not there were sufficient mitigating ./Prohibition_order_Mr_Luke_Stephens.pdf-factors to militate against a Prohibition Order being an appropriate and proportionate ./Prohibition_order_Mr_Luke_Stephens.pdf-measure to impose, particularly taking into account the nature and severity of the ./Prohibition_order_Mr_Luke_Stephens.pdf-behaviour in this case. ./Prohibition_order_Mr_Luke_Stephens.pdf- ./Prohibition_order_Mr_Luke_Stephens.pdf-The Panel did not find that Mr Stephens was acting under duress, nor did it find that Mr ./Prohibition_order_Mr_Luke_Stephens.pdf-Stephens’ actions were not deliberate. ./Prohibition_order_Mr_Luke_Stephens.pdf- -- ./Prohibition_order_Mr_Luke_Stephens.pdf-Prohibition Order should be imposed with immediate effect. ./Prohibition_order_Mr_Luke_Stephens.pdf- ./Prohibition_order_Mr_Luke_Stephens.pdf-The Panel went on to consider whether or not it would be appropriate for it to decide to ./Prohibition_order_Mr_Luke_Stephens.pdf-recommend that a review period of the order should be considered. The Panel was ./Prohibition_order_Mr_Luke_Stephens.pdf-mindful that the Guidance advises that a Prohibition Order applies for life, but there may ./Prohibition_order_Mr_Luke_Stephens.pdf-be circumstances in any given case that may make it appropriate to allow a teacher to ./Prohibition_order_Mr_Luke_Stephens.pdf-apply to have the Prohibition Order reviewed after a specified period of time that may not ./Prohibition_order_Mr_Luke_Stephens.pdf-be less than two years. ./Prohibition_order_Mr_Luke_Stephens.pdf- ./Prohibition_order_Mr_Luke_Stephens.pdf-The Guidance indicates that there are behaviours that, if proven, would militate against a ./Prohibition_order_Mr_Luke_Stephens.pdf:review period being recommended. One of these is serious sexual misconduct, eg ./Prohibition_order_Mr_Luke_Stephens.pdf:where the act was sexually motivated and resulted in or had the potential to result in, ./Prohibition_order_Mr_Luke_Stephens.pdf-harm to a person or persons, particularly where the individual has used their professional ./Prohibition_order_Mr_Luke_Stephens.pdf-position to influence or exploit a person or persons.. ./Prohibition_order_Mr_Luke_Stephens.pdf- ./Prohibition_order_Mr_Luke_Stephens.pdf:The Panel has already found that Mr Stephens’ conduct involved sexual misconduct, as ./Prohibition_order_Mr_Luke_Stephens.pdf:indicated above. However, the Guidance distinguishes between sexual misconduct, ./Prohibition_order_Mr_Luke_Stephens.pdf:when considering whether a Prohibition Order is appropriate and serious sexual ./Prohibition_order_Mr_Luke_Stephens.pdf-misconduct when considering whether a review period is appropriate. The Panel ./Prohibition_order_Mr_Luke_Stephens.pdf:considers all sexual misconduct to be a grave matter for a teacher. However, the Panel ./Prohibition_order_Mr_Luke_Stephens.pdf:did not find that Mr Stephens’ conduct fell within the description of serious sexual ./Prohibition_order_Mr_Luke_Stephens.pdf-misconduct as set out in the Guidance. The facts found proven relate to inappropriate ./Prohibition_order_Mr_Luke_Stephens.pdf:communications, hugging and a kiss. In the range of possible sexual misconduct (all of ./Prohibition_order_Mr_Luke_Stephens.pdf-which is a grave matter), the Panel views the proven conduct to be at the lower end of ./Prohibition_order_Mr_Luke_Stephens.pdf-the range of severity and specifically finds that the conduct does not relate to serious ./Prohibition_order_Mr_Luke_Stephens.pdf:sexual misconduct for the purposes of the Guidance. ./Prohibition_order_Mr_Luke_Stephens.pdf- ./Prohibition_order_Mr_Luke_Stephens.pdf-The Panel also considered Mr Stephens’ early admission of his conduct and the fact that ./Prohibition_order_Mr_Luke_Stephens.pdf-he now shows remorse for his conduct, accepts that his conduct was inappropriate and ./Prohibition_order_Mr_Luke_Stephens.pdf-that blame “lies squarely upon [his] shoulders”. ./Prohibition_order_Mr_Luke_Stephens.pdf- ./Prohibition_order_Mr_Luke_Stephens.pdf-The Panel felt the findings indicated a situation in which a review period would be ./Prohibition_order_Mr_Luke_Stephens.pdf-appropriate and as such decided that it would be proportionate in all the circumstances ./Prohibition_order_Mr_Luke_Stephens.pdf-for the Prohibition Order to be recommended with provision for Mr Stephens to be able to ./Prohibition_order_Mr_Luke_Stephens.pdf-apply for the Prohibition Order to be set aside after three years have elapsed. ./Prohibition_order_Mr_Luke_Stephens.pdf- -- ./Prohibition_order_Mr_Luke_Stephens.pdf-by Mr Stephens to all of the allegations. ./Prohibition_order_Mr_Luke_Stephens.pdf- ./Prohibition_order_Mr_Luke_Stephens.pdf-The panel has also found that the facts found proven amount to both unacceptable ./Prohibition_order_Mr_Luke_Stephens.pdf-professional conduct and conduct that may bring the profession into disrepute. ./Prohibition_order_Mr_Luke_Stephens.pdf- ./Prohibition_order_Mr_Luke_Stephens.pdf-The panel are very clear as to the serious nature of the behaviour that has been found ./Prohibition_order_Mr_Luke_Stephens.pdf-proven in this case. This falls seriously short of what is acceptable for a teacher and was ./Prohibition_order_Mr_Luke_Stephens.pdf-a serious departure from the expected standards. ./Prohibition_order_Mr_Luke_Stephens.pdf- ./Prohibition_order_Mr_Luke_Stephens.pdf-I have carefully considered the interests of both the public and Mr Stephens in this case. ./Prohibition_order_Mr_Luke_Stephens.pdf:This case sets out behaviours that include sexual misconduct and as such I support the ./Prohibition_order_Mr_Luke_Stephens.pdf-view of the panel that a prohibition order is proportionate. ./Prohibition_order_Mr_Luke_Stephens.pdf- ./Prohibition_order_Mr_Luke_Stephens.pdf-I have also given careful consideration to the mater of a review period. It is to Mr ./Prohibition_order_Mr_Luke_Stephens.pdf-Stephens credit that he has admitted the allegations against him. However, the panel are ./Prohibition_order_Mr_Luke_Stephens.pdf-also clear that Mr Stephens has still to address the underlying issues behind his ./Prohibition_order_Mr_Luke_Stephens.pdf-behaviour. I have taken into account the seriousness of the behaviour as well as the ./Prohibition_order_Mr_Luke_Stephens.pdf-mitigation and insight put forward on behalf of Mr Stephens. On balance I consider that ./Prohibition_order_Mr_Luke_Stephens.pdf-the panel’s recommendation is a proportionate one and I support the view that a three ./Prohibition_order_Mr_Luke_Stephens.pdf-year review period will enable Mr Stephens to reflect on his behaviour and demonstrate ./Prohibition_order_Mr_Luke_Stephens.pdf-that he has resolved the issues that led to it. ./Prohibition_Order_Mr_Mark_Gibbard.pdf-Teacher: Mr Mark Gibbard ./Prohibition_Order_Mr_Mark_Gibbard.pdf- ./Prohibition_Order_Mr_Mark_Gibbard.pdf-Teacher ref no: 0260018 ./Prohibition_Order_Mr_Mark_Gibbard.pdf- ./Prohibition_Order_Mr_Mark_Gibbard.pdf-Teacher date of birth: 17 December 1960 ./Prohibition_Order_Mr_Mark_Gibbard.pdf- ./Prohibition_Order_Mr_Mark_Gibbard.pdf-TA Case ref no: 3925 ./Prohibition_Order_Mr_Mark_Gibbard.pdf- ./Prohibition_Order_Mr_Mark_Gibbard.pdf-Date of Determination: 20 November 2012 ./Prohibition_Order_Mr_Mark_Gibbard.pdf- ./Prohibition_Order_Mr_Mark_Gibbard.pdf:Former Employer: Maltings Academy, Essex ./Prohibition_Order_Mr_Mark_Gibbard.pdf- ./Prohibition_Order_Mr_Mark_Gibbard.pdf- ./Prohibition_Order_Mr_Mark_Gibbard.pdf-A. Introduction ./Prohibition_Order_Mr_Mark_Gibbard.pdf- ./Prohibition_Order_Mr_Mark_Gibbard.pdf-A Professional Conduct Panel (“the Panel”) of The Teaching Agency convened on 19 and ./Prohibition_Order_Mr_Mark_Gibbard.pdf-20 November 2012 at 53-55 Butts Road, Earlsdon Park, Coventry, CV1 3HH to consider the ./Prohibition_Order_Mr_Mark_Gibbard.pdf-case of Mr Mark Gibbard. ./Prohibition_Order_Mr_Mark_Gibbard.pdf- ./Prohibition_Order_Mr_Mark_Gibbard.pdf-The Panel members were Dr Dena Coleman (Teacher Panellist – in the Chair), Peter ./Prohibition_Order_Mr_Mark_Gibbard.pdf-Cooper (Teacher Panellist) and Michael Sanderson (Lay Panellist). -- ./Prohibition_Order_Mr_Mark_Gibbard.pdf- 2 ./Prohibition_Order_Mr_Mark_Gibbard.pdf:Whilst employed at Maltings Academy, Essex: ./Prohibition_Order_Mr_Mark_Gibbard.pdf- ./Prohibition_Order_Mr_Mark_Gibbard.pdf- a) Mr Gibbard repeatedly behaved inappropriately with colleagues in that:- ./Prohibition_Order_Mr_Mark_Gibbard.pdf- ./Prohibition_Order_Mr_Mark_Gibbard.pdf- i) On 20th May 2008, he shouted violently at Witness A; ./Prohibition_Order_Mr_Mark_Gibbard.pdf- ./Prohibition_Order_Mr_Mark_Gibbard.pdf- ii) On 3rd October 2008, he behaved in a threatening manner towards his ./Prohibition_Order_Mr_Mark_Gibbard.pdf- line manager, Witness B, and shouted at her in the staff room, in ./Prohibition_Order_Mr_Mark_Gibbard.pdf- the presence of other staff members; ./Prohibition_Order_Mr_Mark_Gibbard.pdf- ./Prohibition_Order_Mr_Mark_Gibbard.pdf- iii) On 3rd October 2008, after requesting a meeting with the principal, -- ./Prohibition_Order_Mr_Mark_Gibbard.pdf-lesson of 7 November 2008. ./Prohibition_Order_Mr_Mark_Gibbard.pdf- ./Prohibition_Order_Mr_Mark_Gibbard.pdf-The Panel heard evidence from Witness D, Advanced Skills Teacher and Head of ./Prohibition_Order_Mr_Mark_Gibbard.pdf-ICT and Business Faculty. The Panel accepted Witness D’s written statement ./Prohibition_Order_Mr_Mark_Gibbard.pdf-(pages 20 – 24 of the hearing bundle). Witness D provided additional clarification ./Prohibition_Order_Mr_Mark_Gibbard.pdf-about the management structures within the faculty and about the lesson on 7 ./Prohibition_Order_Mr_Mark_Gibbard.pdf-November 2008. She provided evidence about the management discussions held ./Prohibition_Order_Mr_Mark_Gibbard.pdf-with Mr Gibbard and provided the Panel with a copy of his job description. ./Prohibition_Order_Mr_Mark_Gibbard.pdf- ./Prohibition_Order_Mr_Mark_Gibbard.pdf-The Panel heard evidence from Witness E, former Principal of the Maltings Academy ./Prohibition_Order_Mr_Mark_Gibbard.pdf:and the current Head Teacher at St Martin's School, Essex. The Panel accepted his ./Prohibition_Order_Mr_Mark_Gibbard.pdf-written statement (pages 25 – 34 of the bundle). He provided clarification about his ./Prohibition_Order_Mr_Mark_Gibbard.pdf-meeting with Mr Gibbard on 3 October 2008 and then his subsequent involvement ./Prohibition_Order_Mr_Mark_Gibbard.pdf-with Mr Gibbard and investigation. He provided further clarification about the ./Prohibition_Order_Mr_Mark_Gibbard.pdf-decisions he had taken in respect of his investigation. ./Prohibition_Order_Mr_Mark_Gibbard.pdf- ./Prohibition_Order_Mr_Mark_Gibbard.pdf-Mr Gibbard gave evidence. The Panel accepted his written statements (pages 176 – ./Prohibition_Order_Mr_Mark_Gibbard.pdf-185). Mr Gibbard provided additional evidence regarding the management structures ./Prohibition_Order_Mr_Mark_Gibbard.pdf-within the faculty and his understanding of his role and responsibilities. He provided ./Prohibition_Order_Mr_Mark_Gibbard.pdf-clarification about the observations of his lessons and his interactions with ./Prohibition_Order_Mr_Mark_Gibbard.pdf-colleagues. He explained his professional history and reiterated that he would not -- ./Prohibition_Order_Mr_Mark_Gibbard.pdf- 4 ./Prohibition_Order_Mr_Mark_Gibbard.pdf- ./Prohibition_Order_Mr_Mark_Gibbard.pdf- ./Prohibition_Order_Mr_Mark_Gibbard.pdf-We have now carefully considered the case before us and have reached a decision. ./Prohibition_Order_Mr_Mark_Gibbard.pdf- ./Prohibition_Order_Mr_Mark_Gibbard.pdf-We confirm that we have read all the documents provided in the bundle in advance ./Prohibition_Order_Mr_Mark_Gibbard.pdf-of the hearing. ./Prohibition_Order_Mr_Mark_Gibbard.pdf- ./Prohibition_Order_Mr_Mark_Gibbard.pdf-Summary ./Prohibition_Order_Mr_Mark_Gibbard.pdf- ./Prohibition_Order_Mr_Mark_Gibbard.pdf:Mr Gibbard was employed as an ICT teacher at the Maltings Academy, Essex, from ./Prohibition_Order_Mr_Mark_Gibbard.pdf-April 2008. In line with the School's Aim to Achieve Policy a number of observations ./Prohibition_Order_Mr_Mark_Gibbard.pdf-of his lessons were organised. At the end of the second observation on 20 May ./Prohibition_Order_Mr_Mark_Gibbard.pdf-2008, undertaken by Witness A, Witness A spoke with Mr Gibbard about the lesson. ./Prohibition_Order_Mr_Mark_Gibbard.pdf-She was concerned when Mr Gibbard became angry and shouted at her before she ./Prohibition_Order_Mr_Mark_Gibbard.pdf-tried to explain that the lesson had been satisfactory overall. ./Prohibition_Order_Mr_Mark_Gibbard.pdf- ./Prohibition_Order_Mr_Mark_Gibbard.pdf-Concerns were raised in September 2008 regarding the class sizes for Mr Gibbard's ./Prohibition_Order_Mr_Mark_Gibbard.pdf-ICT class. Mr Gibbard was asked to move 3 students between classes to balance ./Prohibition_Order_Mr_Mark_Gibbard.pdf-class numbers. He was concerned about being asked to move students and is said ./Prohibition_Order_Mr_Mark_Gibbard.pdf-to have acted in a threatening manner to the Head of ICT, Witness B, in the -- ./Prohibition_Order_Mr_Mark_Gibbard.pdf-Mr Gibbard denies the allegations. He maintains that he did not receive support ./Prohibition_Order_Mr_Mark_Gibbard.pdf-from the school's management in relation to concerns which he was raising about ./Prohibition_Order_Mr_Mark_Gibbard.pdf-colleagues and resources for pupils. He maintains that he did not act in a manner ./Prohibition_Order_Mr_Mark_Gibbard.pdf-which was inappropriate towards colleagues or pupils, but that the management was ./Prohibition_Order_Mr_Mark_Gibbard.pdf-unsupportive towards him. He asserted that the environment at the school was ./Prohibition_Order_Mr_Mark_Gibbard.pdf-hostile. ./Prohibition_Order_Mr_Mark_Gibbard.pdf- ./Prohibition_Order_Mr_Mark_Gibbard.pdf-The allegation we have considered is that you are guilty of unacceptable ./Prohibition_Order_Mr_Mark_Gibbard.pdf-professional conduct in that: ./Prohibition_Order_Mr_Mark_Gibbard.pdf- ./Prohibition_Order_Mr_Mark_Gibbard.pdf:Whilst employed at Maltings Academy, Essex: ./Prohibition_Order_Mr_Mark_Gibbard.pdf- ./Prohibition_Order_Mr_Mark_Gibbard.pdf-a) you repeatedly behaved inappropriately with colleagues in that:- ./Prohibition_Order_Mr_Mark_Gibbard.pdf- ./Prohibition_Order_Mr_Mark_Gibbard.pdf- i) On 20th May 2008, you shouted violently at Witness A; ./Prohibition_Order_Mr_Mark_Gibbard.pdf- ./Prohibition_Order_Mr_Mark_Gibbard.pdf- ii) On 3rd October 2008, you behaved in a threatening manner towards ./Prohibition_Order_Mr_Mark_Gibbard.pdf- your line manager, Witness B, and shouted at her in the staff ./Prohibition_Order_Mr_Mark_Gibbard.pdf- room, in the presence of other staff members; ./Prohibition_Order_Mr_Mark_Gibbard.pdf- ./prohibition_order_mr_mark_ian_coupar.pdf- ./prohibition_order_mr_mark_ian_coupar.pdf-2. failed to adhere to previous warnings issues on 22 October 1998, 10 May 2005 ./prohibition_order_mr_mark_ian_coupar.pdf- and 18 December 2008 by Ray Kirby and Brian Parker, Headteachers at ./prohibition_order_mr_mark_ian_coupar.pdf- Longdendale Community Language College, concerning inappropriate contact ./prohibition_order_mr_mark_ian_coupar.pdf- with students; ./prohibition_order_mr_mark_ian_coupar.pdf- ./prohibition_order_mr_mark_ian_coupar.pdf-3. had inappropriate material at his home in that he: ./prohibition_order_mr_mark_ian_coupar.pdf- ./prohibition_order_mr_mark_ian_coupar.pdf- a. stored a large number of photographs of students on his home computer; ./prohibition_order_mr_mark_ian_coupar.pdf- ./prohibition_order_mr_mark_ian_coupar.pdf: b. had inappropriate material of a sexual nature at his home featuring males ./prohibition_order_mr_mark_ian_coupar.pdf- under the age of 18. ./prohibition_order_mr_mark_ian_coupar.pdf- ./prohibition_order_mr_mark_ian_coupar.pdf-Mr Coupar admits all of the facts of the allegation and that those facts amount to ./prohibition_order_mr_mark_ian_coupar.pdf-unacceptable professional conduct ./prohibition_order_mr_mark_ian_coupar.pdf- ./prohibition_order_mr_mark_ian_coupar.pdf-D. Summary of Evidence ./prohibition_order_mr_mark_ian_coupar.pdf- ./prohibition_order_mr_mark_ian_coupar.pdf-Documents ./prohibition_order_mr_mark_ian_coupar.pdf- ./prohibition_order_mr_mark_ian_coupar.pdf-In advance of the hearing, the Panel received a bundle of documents which -- ./prohibition_order_mr_mark_ian_coupar.pdf-communication with pupils. ./prohibition_order_mr_mark_ian_coupar.pdf- ./prohibition_order_mr_mark_ian_coupar.pdf-In December 2008 Mr Coupar contacted a further pupil and communicated with him ./prohibition_order_mr_mark_ian_coupar.pdf-via Facebook. This became known to the school and on 18 December 2008 the ./prohibition_order_mr_mark_ian_coupar.pdf-school warned Mr Coupar once again regarding his communication with pupils – he ./prohibition_order_mr_mark_ian_coupar.pdf-was told that such communication must not happen again. ./prohibition_order_mr_mark_ian_coupar.pdf- ./prohibition_order_mr_mark_ian_coupar.pdf-In June 2009 two pupils contacted Mr Coupar and he began communicating with ./prohibition_order_mr_mark_ian_coupar.pdf-them. Mr Coupar was arrested and interviewed by police on 20 October 2009. The ./prohibition_order_mr_mark_ian_coupar.pdf-police investigation involved a search of his home during which search a series of ./prohibition_order_mr_mark_ian_coupar.pdf:pornographic images were discovered on his personal computer. In addition, ./prohibition_order_mr_mark_ian_coupar.pdf:images of pupils from the school were also discovered – these were not of a sexual ./prohibition_order_mr_mark_ian_coupar.pdf-nature. ./prohibition_order_mr_mark_ian_coupar.pdf-Mr Coupar was not subject to a criminal prosecution and Greater Manchester Police ./prohibition_order_mr_mark_ian_coupar.pdf-took no further action following its investigation. Mr Coupar was dismissed from his ./prohibition_order_mr_mark_ian_coupar.pdf-position at the school. ./prohibition_order_mr_mark_ian_coupar.pdf- ./prohibition_order_mr_mark_ian_coupar.pdf-Findings of fact ./prohibition_order_mr_mark_ian_coupar.pdf- ./prohibition_order_mr_mark_ian_coupar.pdf-The Panel considered the allegation set out in the Notice of Meeting dated 20 March ./prohibition_order_mr_mark_ian_coupar.pdf-2012. ./prohibition_order_mr_mark_ian_coupar.pdf- -- ./prohibition_order_mr_mark_ian_coupar.pdf- ./prohibition_order_mr_mark_ian_coupar.pdf-2. failed to adhere to previous warnings issues on 22 October 1998, 10 May 2005 ./prohibition_order_mr_mark_ian_coupar.pdf- and 18 December 2008 by Ray Kirby and Brian Parker, Headteachers at ./prohibition_order_mr_mark_ian_coupar.pdf- Longdendale Community Language College, concerning inappropriate contact ./prohibition_order_mr_mark_ian_coupar.pdf- with students; ./prohibition_order_mr_mark_ian_coupar.pdf- ./prohibition_order_mr_mark_ian_coupar.pdf-3. had inappropriate material at his home in that he: ./prohibition_order_mr_mark_ian_coupar.pdf- ./prohibition_order_mr_mark_ian_coupar.pdf- a. stored a large number of photographs of students on his home computer; ./prohibition_order_mr_mark_ian_coupar.pdf- ./prohibition_order_mr_mark_ian_coupar.pdf: b. had inappropriate material of a sexual nature at his home featuring males ./prohibition_order_mr_mark_ian_coupar.pdf- under the age of 18. ./prohibition_order_mr_mark_ian_coupar.pdf- ./prohibition_order_mr_mark_ian_coupar.pdf-Our findings of fact are as follows: ./prohibition_order_mr_mark_ian_coupar.pdf- ./prohibition_order_mr_mark_ian_coupar.pdf-Particulars 1 a – f ./prohibition_order_mr_mark_ian_coupar.pdf- ./prohibition_order_mr_mark_ian_coupar.pdf-We have noted that Mr Coupar has admitted the facts of these particulars. ./prohibition_order_mr_mark_ian_coupar.pdf- ./prohibition_order_mr_mark_ian_coupar.pdf-We have noted that he accepts that the communications which are particularised in ./prohibition_order_mr_mark_ian_coupar.pdf-the allegations did take place. We have also noted that he accepts that his -- ./prohibition_order_mr_mark_ian_coupar.pdf- ./prohibition_order_mr_mark_ian_coupar.pdf-We find the facts of particular 3a proven. ./prohibition_order_mr_mark_ian_coupar.pdf- ./prohibition_order_mr_mark_ian_coupar.pdf-We have carefully considered particular 3b and the admissions that have been ./prohibition_order_mr_mark_ian_coupar.pdf-made. We have carefully considered the evidence in relation to this particular. ./prohibition_order_mr_mark_ian_coupar.pdf-Whilst Mr Coupar has admitted the allegation, we are not satisfied that this particular ./prohibition_order_mr_mark_ian_coupar.pdf-is proven on the evidence made available to us. Evidence obtained during Mr ./prohibition_order_mr_mark_ian_coupar.pdf-Coupar's questioning by police in October 2009 was ambiguous and the nature of ./prohibition_order_mr_mark_ian_coupar.pdf-the material which forms the basis of the investigation and this case was not clear. ./prohibition_order_mr_mark_ian_coupar.pdf-We have not seen copies of the material in question. It is not suggested that the ./prohibition_order_mr_mark_ian_coupar.pdf:material is illegal. It is clear that Mr Coupar had pornography at his home in October ./prohibition_order_mr_mark_ian_coupar.pdf-2009. However, we are concerned about the consistency of the evidence; are unable ./prohibition_order_mr_mark_ian_coupar.pdf-to assess the nature of the content of material which is the subject of this allegation; ./prohibition_order_mr_mark_ian_coupar.pdf-and there is not sufficient evidence available in the bundle to establish that the ./prohibition_order_mr_mark_ian_coupar.pdf:alleged material is sexual in nature or that it features males under the age of 18. ./prohibition_order_mr_mark_ian_coupar.pdf-Moreover, we note that no criminal prosecution was commenced by the police. For ./prohibition_order_mr_mark_ian_coupar.pdf-the reasons given above, we do not find particular 3b proven. ./prohibition_order_mr_mark_ian_coupar.pdf- ./Prohibition_order_Mr_Mark_Scott.pdf-given in order to be punitive, or to show that blame has been apportioned, although they ./Prohibition_order_Mr_Mark_Scott.pdf-are likely to have punitive effect. ./Prohibition_order_Mr_Mark_Scott.pdf- ./Prohibition_order_Mr_Mark_Scott.pdf-The panel has considered the particular public interest considerations set out in the ./Prohibition_order_Mr_Mark_Scott.pdf-Advice and having done so has found a number of them to be relevant in this case, ./Prohibition_order_Mr_Mark_Scott.pdf-namely the protection of pupils, the maintenance of public confidence in the profession ./Prohibition_order_Mr_Mark_Scott.pdf-and declaring and upholding proper standards of conduct. ./Prohibition_order_Mr_Mark_Scott.pdf- ./Prohibition_order_Mr_Mark_Scott.pdf-In relation to the protection of pupils, the panel was particularly mindful that there was no ./Prohibition_order_Mr_Mark_Scott.pdf-allegation that Mr Scott’s conversation with Pupil A, or his attempt to conceal that ./Prohibition_order_Mr_Mark_Scott.pdf:conversation from the School (or indeed any other aspect of his conduct) was sexually ./Prohibition_order_Mr_Mark_Scott.pdf-motivated. That does not mean however that there was no actual or potential harm to ./Prohibition_order_Mr_Mark_Scott.pdf-Pupil A. Mr Scott singled out Pupil A, placed her in a situation where she was alone with ./Prohibition_order_Mr_Mark_Scott.pdf-him and indicated that his feelings for her were such that she would have to transfer to ./Prohibition_order_Mr_Mark_Scott.pdf-another set. Indeed, the panel noted that Pupil A stated that Mr Scott’s comments to her ./Prohibition_order_Mr_Mark_Scott.pdf-made her feel uncomfortable and sick at the time and that four days later, on 20 October ./Prohibition_order_Mr_Mark_Scott.pdf-2014, Pupil A still felt sick about the event. Pupil A also stated on 20 October 2014 that ./Prohibition_order_Mr_Mark_Scott.pdf-she felt guilty, as if she had done something to make the event happen. Clearly this was ./Prohibition_order_Mr_Mark_Scott.pdf-not the case. In the view of the panel, Mr Scott’s revelation about his feelings and stated ./Prohibition_order_Mr_Mark_Scott.pdf-intention to transfer Pupil A to another teaching group could have caused Pupil A ./Prohibition_order_Mr_Mark_Scott.pdf-significant distress, which could impact on both her emotional wellbeing and her ./Prohibition_order_Mr_Mark_Scott.pdf-educational performance. ./Prohibition_order_Mr_Mark_Scott.pdf- ./Prohibition_order_Mr_Mark_Scott.pdf-Moreover, Mr Scott’s dishonest conduct in seeking to conceal the conversation from the ./Prohibition_order_Mr_Mark_Scott.pdf-School jeopardised the School’s ability to address Mr Scott’s past and future conduct, ./Prohibition_order_Mr_Mark_Scott.pdf-thereby undermining the protection of pupils. ./Prohibition_order_Mr_Mark_Scott.pdf- ./Prohibition_order_Mr_Mark_Scott.pdf-Given these facts, the panel considered that there was a strong public interest ./Prohibition_order_Mr_Mark_Scott.pdf-consideration in respect of the protection of pupils. ./Prohibition_order_Mr_Mark_Scott.pdf- ./Prohibition_order_Mr_Mark_Scott.pdf-In relation to the maintenance of public confidence in the profession, again the panel was ./Prohibition_order_Mr_Mark_Scott.pdf:mindful that there was no allegation of sexual misconduct. Nonetheless, the ./Prohibition_order_Mr_Mark_Scott.pdf-inappropriate nature of the conversation with Pupil A meant that public confidence in the ./Prohibition_order_Mr_Mark_Scott.pdf-profession could be seriously weakened if Mr Scott’s conduct were not treated seriously ./Prohibition_order_Mr_Mark_Scott.pdf-when regulating the conduct of the profession. ./Prohibition_order_Mr_Mark_Scott.pdf- ./Prohibition_order_Mr_Mark_Scott.pdf-The panel found that Mr Scott had informed his line manager of the feelings he had ./Prohibition_order_Mr_Mark_Scott.pdf-towards Pupil A and attempted to move Pupil A into another set either to avoid further ./Prohibition_order_Mr_Mark_Scott.pdf-misconduct by him, or to avoid disruption to classes including Pupil A. Without detracting ./Prohibition_order_Mr_Mark_Scott.pdf-from the seriousness of allegation 1, the panel recognises that, having been guilty of that ./Prohibition_order_Mr_Mark_Scott.pdf-misconduct, Mr Scott did at least try to address his misconduct in part by raising its ./Prohibition_order_Mr_Mark_Scott.pdf-foundation with the School and taking steps to avoid further misconduct. However, ./Prohibition_order_Mr_Mathew_Brown.pdf-conduct that may bring the profession into disrepute in that: ./Prohibition_order_Mr_Mathew_Brown.pdf- ./Prohibition_order_Mr_Mathew_Brown.pdf-1. In his application form for the post at Notre Dame School ("the School") dated 2 ./Prohibition_order_Mr_Mathew_Brown.pdf-January 2011 he provided false information in respect of: ./Prohibition_order_Mr_Mathew_Brown.pdf- ./Prohibition_order_Mr_Mathew_Brown.pdf- a. his GCSE results; ./Prohibition_order_Mr_Mathew_Brown.pdf- ./Prohibition_order_Mr_Mathew_Brown.pdf- b. his status as an 'Advanced Skills Teacher' at Claverham Community College, ./Prohibition_order_Mr_Mathew_Brown.pdf- Battle; ./Prohibition_order_Mr_Mathew_Brown.pdf- ./Prohibition_order_Mr_Mathew_Brown.pdf: c. his job title/responsibilities at Hillcrest Secondary School, Sussex, and; ./Prohibition_order_Mr_Mathew_Brown.pdf- ./Prohibition_order_Mr_Mathew_Brown.pdf- d. his job title/responsibilies at The British School, Warsaw. ./Prohibition_order_Mr_Mathew_Brown.pdf- ./Prohibition_order_Mr_Mathew_Brown.pdf-2. His actions as described at paragraph 1 above were: ./Prohibition_order_Mr_Mathew_Brown.pdf- ./Prohibition_order_Mr_Mathew_Brown.pdf- a. misleading; ./Prohibition_order_Mr_Mathew_Brown.pdf- ./Prohibition_order_Mr_Mathew_Brown.pdf- b. dishonest. ./Prohibition_order_Mr_Mathew_Brown.pdf- ./Prohibition_order_Mr_Mathew_Brown.pdf-3. Prior to submission to the School Mr Brown amended an employment reference from -- ./Prohibition_order_Mr_Mathew_Brown.pdf-Panel. ./Prohibition_order_Mr_Mathew_Brown.pdf- ./Prohibition_order_Mr_Mathew_Brown.pdf-Mr Brown recorded in the application form that he had been an “Advanced Skills ./Prohibition_order_Mr_Mathew_Brown.pdf-Teacher” from September 2004 to the time of the application. It is now accepted by Mr ./Prohibition_order_Mr_Mathew_Brown.pdf-Brown that he has not obtained such a qualification. ./Prohibition_order_Mr_Mathew_Brown.pdf- ./Prohibition_order_Mr_Mathew_Brown.pdf-The Panel therefore finds this allegation proven. ./Prohibition_order_Mr_Mathew_Brown.pdf- ./Prohibition_order_Mr_Mathew_Brown.pdf- ./Prohibition_order_Mr_Mathew_Brown.pdf- c. his job title/responsibilities at Hillcrest Secondary School, ./Prohibition_order_Mr_Mathew_Brown.pdf: Sussex ./Prohibition_order_Mr_Mathew_Brown.pdf-This allegation has been admitted and is consistent with the other evidence before the ./Prohibition_order_Mr_Mathew_Brown.pdf-Panel. ./Prohibition_order_Mr_Mathew_Brown.pdf- ./Prohibition_order_Mr_Mathew_Brown.pdf-The Panel noted that in this application Mr Brown claimed to have been “Acting Head of ./Prohibition_order_Mr_Mathew_Brown.pdf-ICT” from August 2006 to July 2007, whereas in fact he admitted in the statement of ./Prohibition_order_Mr_Mathew_Brown.pdf-agreed facts that he was employed as a member of the ICT department, initially working ./Prohibition_order_Mr_Mathew_Brown.pdf-towards qualified teacher status and then as an NQT from March 2007. ./Prohibition_order_Mr_Mathew_Brown.pdf- ./Prohibition_order_Mr_Mathew_Brown.pdf-The Panel therefore finds this allegation proven. ./Prohibition_order_Mr_Mathew_Brown.pdf- ./prohibition_order_mr_matthew_comerford_001.pdf- a. exchanged messages with her via the social networking site ‘Facebook’; ./prohibition_order_mr_matthew_comerford_001.pdf- ./prohibition_order_mr_matthew_comerford_001.pdf- b. met with her outside of school on more than one occasion including at his ./prohibition_order_mr_matthew_comerford_001.pdf- home without the knowledge or consent of her parents; ./prohibition_order_mr_matthew_comerford_001.pdf- ./prohibition_order_mr_matthew_comerford_001.pdf- c. kissed her on at least one occasion; ./prohibition_order_mr_matthew_comerford_001.pdf- ./prohibition_order_mr_matthew_comerford_001.pdf: d. had sexual contact with her on at least one occasion, including on or around ./prohibition_order_mr_matthew_comerford_001.pdf- 17 February 2012. ./prohibition_order_mr_matthew_comerford_001.pdf- ./prohibition_order_mr_matthew_comerford_001.pdf-Mr Comerford had admitted the facts of allegations 1 a, b & c and that they ./prohibition_order_mr_matthew_comerford_001.pdf-amounted to unacceptable professional and/or conduct that may bring the profession ./prohibition_order_mr_matthew_comerford_001.pdf-into disrepute. He denied allegation 1 d. ./prohibition_order_mr_matthew_comerford_001.pdf- ./prohibition_order_mr_matthew_comerford_001.pdf-C. Preliminary Applications ./prohibition_order_mr_matthew_comerford_001.pdf- ./prohibition_order_mr_matthew_comerford_001.pdf-Proof of Service/Proceeding in the Absence of the Teacher ./prohibition_order_mr_matthew_comerford_001.pdf- -- ./prohibition_order_mr_matthew_comerford_001.pdf-A was under any pressure to add to her account and prior to that he had heard ./prohibition_order_mr_matthew_comerford_001.pdf-enough to be very concerned without looking for further evidence. He thought that ./prohibition_order_mr_matthew_comerford_001.pdf-she just wanted to get matters off her chest and say what had happened. ./prohibition_order_mr_matthew_comerford_001.pdf- ./prohibition_order_mr_matthew_comerford_001.pdf-Witness A did not consider that Mr Comerford was under any undue pressure, ./prohibition_order_mr_matthew_comerford_001.pdf-beyond that experienced by any teacher in his position. The college was ./prohibition_order_mr_matthew_comerford_001.pdf-operating under budgetary constraints but it was the same for all staff. Mr ./prohibition_order_mr_matthew_comerford_001.pdf-Comerford had not raised any particular issues with him. ./prohibition_order_mr_matthew_comerford_001.pdf- ./prohibition_order_mr_matthew_comerford_001.pdf-Witness A thought that Student A was probably immature in relation to her ./prohibition_order_mr_matthew_comerford_001.pdf:experience of relationships with the opposite sex and lacking in confidence. ./prohibition_order_mr_matthew_comerford_001.pdf-Therefore it could be said that she was vulnerable or would appreciate attention ./prohibition_order_mr_matthew_comerford_001.pdf-from an adult male and be flattered by that. She was quiet and hard working. ./prohibition_order_mr_matthew_comerford_001.pdf- ./prohibition_order_mr_matthew_comerford_001.pdf-Witness B confirmed that she had prepared notes of her meeting with Mr ./prohibition_order_mr_matthew_comerford_001.pdf-Comerford and they were an accurate account of that. When she had asked the ./prohibition_order_mr_matthew_comerford_001.pdf- -- ./prohibition_order_mr_matthew_comerford_001.pdf:question about sexual contact Mr Comerford definitely heard her and went very ./prohibition_order_mr_matthew_comerford_001.pdf-quiet, put his head down and said nothing. She asked him if he wanted to take and ./prohibition_order_mr_matthew_comerford_001.pdf-break. He said no and they carried on. She only asked him the question once. ./prohibition_order_mr_matthew_comerford_001.pdf- ./prohibition_order_mr_matthew_comerford_001.pdf-Witness B thought that she had dealt with her investigation professionally and that ./prohibition_order_mr_matthew_comerford_001.pdf-she had been fair and unbiased. She had simply made a mistake when she had ./prohibition_order_mr_matthew_comerford_001.pdf:reported that Mr Comerford had admitted to sexual contact. ./prohibition_order_mr_matthew_comerford_001.pdf- ./prohibition_order_mr_matthew_comerford_001.pdf-Witness B thought that any stress that staff had was of the average sort and no more ./prohibition_order_mr_matthew_comerford_001.pdf-than at any other establishment. There was a good management structure and help ./prohibition_order_mr_matthew_comerford_001.pdf-for staff where they required it. ./prohibition_order_mr_matthew_comerford_001.pdf- ./prohibition_order_mr_matthew_comerford_001.pdf-E. Legal Advice ./prohibition_order_mr_matthew_comerford_001.pdf- ./prohibition_order_mr_matthew_comerford_001.pdf-Before the Panel went into private session to consider its decision, the Legal Adviser ./prohibition_order_mr_matthew_comerford_001.pdf-declared the following advice: ./prohibition_order_mr_matthew_comerford_001.pdf- -- ./prohibition_order_mr_matthew_comerford_001.pdf- relationship with a student of Shrewsbury Sixth Form College, Student A, ./prohibition_order_mr_matthew_comerford_001.pdf- including that he; ./prohibition_order_mr_matthew_comerford_001.pdf- ./prohibition_order_mr_matthew_comerford_001.pdf- a. exchanged messages with her via the social networking site ‘Facebook’; ./prohibition_order_mr_matthew_comerford_001.pdf- ./prohibition_order_mr_matthew_comerford_001.pdf- b. met with her outside of school on more than one occasion including at his ./prohibition_order_mr_matthew_comerford_001.pdf- home without the knowledge or consent of her parents; ./prohibition_order_mr_matthew_comerford_001.pdf- ./prohibition_order_mr_matthew_comerford_001.pdf- c. kissed her on at least one occasion; ./prohibition_order_mr_matthew_comerford_001.pdf- ./prohibition_order_mr_matthew_comerford_001.pdf: d. had sexual contact with her on at least one occasion, including on or around ./prohibition_order_mr_matthew_comerford_001.pdf- 17 February 2012. ./prohibition_order_mr_matthew_comerford_001.pdf- ./prohibition_order_mr_matthew_comerford_001.pdf-Mr Comerford admitted allegations 1 a, b, & c, during the course of the college’s ./prohibition_order_mr_matthew_comerford_001.pdf-investigation into the matter and has also admitted them in relation to these ./prohibition_order_mr_matthew_comerford_001.pdf-proceedings. We have also accepted the documents relating to the college’s ./prohibition_order_mr_matthew_comerford_001.pdf-investigation of the matter which have been verified by Mr Ward, the Head Teacher ./prohibition_order_mr_matthew_comerford_001.pdf-of the College, and Ms Janet Stephens, Assistant Principal of the College. Mr Ward ./prohibition_order_mr_matthew_comerford_001.pdf-had the initial contact with Mr Comerford and Student A and her parents and Ms ./prohibition_order_mr_matthew_comerford_001.pdf-Stephens carried out the subsequent investigation which led to Mr Comerford’s ./prohibition_order_mr_matthew_comerford_001.pdf-resignation. They both gave credible evidence about the matters that they dealt with -- ./prohibition_order_mr_matthew_comerford_001.pdf-and her parents and Mr Comerford were all given a full opportunity to put across ./prohibition_order_mr_matthew_comerford_001.pdf-their version of events. ./prohibition_order_mr_matthew_comerford_001.pdf- ./prohibition_order_mr_matthew_comerford_001.pdf-In relation to allegation 1 a. we have also seen copies of messages that were ./prohibition_order_mr_matthew_comerford_001.pdf-exchanged by Mr Comerford and Student A and we do not consider those ./prohibition_order_mr_matthew_comerford_001.pdf-appropriate given that the personal nature of them. In particular Mr Comerford said ./prohibition_order_mr_matthew_comerford_001.pdf-to Student A on one occasion “You know what I wear in bed, and that is more than I ./prohibition_order_mr_matthew_comerford_001.pdf-usually wear”. ./prohibition_order_mr_matthew_comerford_001.pdf- ./prohibition_order_mr_matthew_comerford_001.pdf-In relation to allegation 1 d. we have been mindful that Student A’s account of the ./prohibition_order_mr_matthew_comerford_001.pdf:sexual conduct is contained in a short handwritten statement, given after the initial ./prohibition_order_mr_matthew_comerford_001.pdf-meeting with Mr Ward and her parents and we have therefore considered very ./prohibition_order_mr_matthew_comerford_001.pdf-carefully what weight we consider can be attached to it. ./prohibition_order_mr_matthew_comerford_001.pdf- ./prohibition_order_mr_matthew_comerford_001.pdf-Witness A gave evidence about the circumstances in which Student A made the ./prohibition_order_mr_matthew_comerford_001.pdf-statement. He related how Student A was embarrassed and would not tell him what ./prohibition_order_mr_matthew_comerford_001.pdf-she wanted to say but wrote it down when invited to do so. Further, he did not ./prohibition_order_mr_matthew_comerford_001.pdf-consider that Student A was acting under duress and that she was a quiet and hard ./prohibition_order_mr_matthew_comerford_001.pdf-working girl. It is quite understandable why Student A might not want to have ./prohibition_order_mr_matthew_comerford_001.pdf-imparted this information on the first occasion when her parents were in school and ./prohibition_order_mr_matthew_comerford_001.pdf-Witness A’s account rings true of a student giving a truthful account of a very -- ./prohibition_order_mr_matthew_comerford_001.pdf-clearly recorded and it is not disputed by Mr Comerford that he did not answer when ./prohibition_order_mr_matthew_comerford_001.pdf-he was asked if there had been genital contact. She gave a convincing account of ./prohibition_order_mr_matthew_comerford_001.pdf-his reaction to this question in that he went very quiet and put his head down. ./prohibition_order_mr_matthew_comerford_001.pdf-Further, he did admit that the relationship had at least developed to kissing and ./prohibition_order_mr_matthew_comerford_001.pdf-Student A staying overnight at his home. Further, we have noted again the Facebook ./prohibition_order_mr_matthew_comerford_001.pdf-message we have already mentioned. ./prohibition_order_mr_matthew_comerford_001.pdf- ./prohibition_order_mr_matthew_comerford_001.pdf-Mr Comerford has made much of Witness B’s error in stating that he had admitted ./prohibition_order_mr_matthew_comerford_001.pdf:that there was sexual contact. She freely admitted today that she had made a ./prohibition_order_mr_matthew_comerford_001.pdf-mistake and we do not consider that relevant to our consideration of the allegation. ./prohibition_order_mr_matthew_comerford_001.pdf- ./prohibition_order_mr_matthew_comerford_001.pdf-Findings as to Unacceptable Professional Conduct and/or Conduct that may bring ./prohibition_order_mr_matthew_comerford_001.pdf-the profession into disrepute ./prohibition_order_mr_matthew_comerford_001.pdf- ./prohibition_order_mr_matthew_comerford_001.pdf-Having found the facts of the allegations proved we further find that those amount to ./prohibition_order_mr_matthew_comerford_001.pdf-unacceptable professional conduct and/or conduct which may bring the profession ./prohibition_order_mr_matthew_comerford_001.pdf-into disrepute. ./prohibition_order_mr_matthew_comerford_001.pdf- ./prohibition_order_mr_matthew_comerford_001.pdf-This is because: -- ./prohibition_order_mr_matthew_comerford_001.pdf-And also failed to have proper and professional regard for the policies and ./prohibition_order_mr_matthew_comerford_001.pdf-procedures of the college. ./prohibition_order_mr_matthew_comerford_001.pdf- ./prohibition_order_mr_matthew_comerford_001.pdf-We think it is self-evidently unacceptable for a teacher to have a relationship with a ./prohibition_order_mr_matthew_comerford_001.pdf:pupil, not least one that involved sexual contact. It is particularly concerning in this ./prohibition_order_mr_matthew_comerford_001.pdf-case that Mr Comerford was not simply a teacher at the college but Student A’s ./prohibition_order_mr_matthew_comerford_001.pdf-football coach. ./prohibition_order_mr_matthew_comerford_001.pdf- ./prohibition_order_mr_matthew_comerford_001.pdf-Panel’s Recommendation to the Secretary of State ./prohibition_order_mr_matthew_comerford_001.pdf- ./prohibition_order_mr_matthew_comerford_001.pdf-When considering what sanction, if any, to recommend we have had regard to “The ./prohibition_order_mr_matthew_comerford_001.pdf-Prohibition of Teachers – DfE advice on factors relating to decisions leading to the ./prohibition_order_mr_matthew_comerford_001.pdf-prohibition of teachers from the teaching profession”. In particular we have had ./prohibition_order_mr_matthew_comerford_001.pdf-regard to the protection of children and members of the public, the maintenance of ./prohibition_order_mr_matthew_comerford_001.pdf-public confidence in the profession and declaring and upholding proper standards of ./prohibition_order_mr_matthew_comerford_001.pdf-conduct. We have sought to approach the issue bearing in mind the principle of ./prohibition_order_mr_matthew_comerford_001.pdf-proportionality. We have concluded that in this instance it is appropriate to ./prohibition_order_mr_matthew_comerford_001.pdf-recommend that a Prohibition order be made. ./prohibition_order_mr_matthew_comerford_001.pdf- ./prohibition_order_mr_matthew_comerford_001.pdf-We have carefully considered the documents that we have been provided with, and ./prohibition_order_mr_matthew_comerford_001.pdf-the submissions made by Ms Atkin and the representations by Mr Comerford. ./prohibition_order_mr_matthew_comerford_001.pdf- ./prohibition_order_mr_matthew_comerford_001.pdf:Having a relationship with a student, involving sexual contact, is incompatible with ./prohibition_order_mr_matthew_comerford_001.pdf-being a teacher. It represents a serious departure from the GTC Code of Conduct ./prohibition_order_mr_matthew_comerford_001.pdf-and Practice for Registered Teachers, effective from 1 October 2009, and the latest ./prohibition_order_mr_matthew_comerford_001.pdf-Teachers’ Standards published by the DfE and constitutes an abuse of a position of ./prohibition_order_mr_matthew_comerford_001.pdf-trust. ./prohibition_order_mr_matthew_comerford_001.pdf- ./prohibition_order_mr_matthew_comerford_001.pdf-As we have already noted Mr Comerford was Student A’s football coach and we ./prohibition_order_mr_matthew_comerford_001.pdf-have heard evidence from Mr Ward that she was naïve and likely to be vulnerable to ./prohibition_order_mr_matthew_comerford_001.pdf-advances from an older male teacher. In these circumstances his behaviour is ./prohibition_order_mr_matthew_comerford_001.pdf-particularly concerning. ./prohibition_order_mr_matthew_comerford_001.pdf- -- ./prohibition_order_mr_matthew_comerford_001.pdf-Secretary of State’s Decision and Reasons ./prohibition_order_mr_matthew_comerford_001.pdf- ./prohibition_order_mr_matthew_comerford_001.pdf-I have given very careful consideration to this case and to the recommendation of ./prohibition_order_mr_matthew_comerford_001.pdf-the panel in respect of both sanction and review period. ./prohibition_order_mr_matthew_comerford_001.pdf- ./prohibition_order_mr_matthew_comerford_001.pdf-The panel has found that Mr Comerford engaged in an inappropriate relationship ./prohibition_order_mr_matthew_comerford_001.pdf:with Student A and that this relationship included a sexual element. ./prohibition_order_mr_matthew_comerford_001.pdf- ./prohibition_order_mr_matthew_comerford_001.pdf-This behaviour is a clear breach of the standards expected of a teacher. It is ./prohibition_order_mr_matthew_comerford_001.pdf-behaviour that brings the profession into disrepute and has the potential to cause ./prohibition_order_mr_matthew_comerford_001.pdf-serious harm to pupils. Mr Comerford failed to maintain the proper boundaries ./prohibition_order_mr_matthew_comerford_001.pdf-expected. ./prohibition_order_mr_matthew_comerford_001.pdf- ./prohibition_order_mr_matthew_comerford_001.pdf-It is also clear from the recommendation of the panel that although Mr Comerford ./prohibition_order_mr_matthew_comerford_001.pdf-has some good history as a teacher he has failed to show sufficient insight into his ./prohibition_order_mr_matthew_comerford_001.pdf-behaviour. ./prohibition_order_mr_matthew_comerford_001.pdf- ./prohibition_order_mr_matthew_cresswell.pdf- 1. Community Order, including participation in Internet Sex Offenders Treatment ./prohibition_order_mr_matthew_cresswell.pdf- Programme and supervision for a period of 2 years. ./prohibition_order_mr_matthew_cresswell.pdf- 2. Sexual Offences Prevention Order for a period of 5 years. ./prohibition_order_mr_matthew_cresswell.pdf- 3. Notification requirement to register with the police for a period of 5 years. ./prohibition_order_mr_matthew_cresswell.pdf- ./prohibition_order_mr_matthew_cresswell.pdf-The charges related to images that were downloaded by Mr Creswell in June 2011. ./prohibition_order_mr_matthew_cresswell.pdf-The seven images are described as “level 1”. That is a reference to five point scale, ./prohibition_order_mr_matthew_cresswell.pdf-established by the Sentencing Advisory Panel and adopted in 2002, by which ./prohibition_order_mr_matthew_cresswell.pdf-indecent images of children are "graded" for the purposes of criminal proceeding. ./prohibition_order_mr_matthew_cresswell.pdf-Level 1 is the lowest of the five grades of image and refers to “nudity or erotic posing ./prohibition_order_mr_matthew_cresswell.pdf:with no sexual activity”. ./prohibition_order_mr_matthew_cresswell.pdf- ./prohibition_order_mr_matthew_cresswell.pdf-When questioned by the Police, Mr Cresswell is said to have admitted downloading ./prohibition_order_mr_matthew_cresswell.pdf:the images and to having a sexual interest in boys aged 10 and 11. ./prohibition_order_mr_matthew_cresswell.pdf- ./prohibition_order_mr_matthew_cresswell.pdf-At the time the offences were committed, Mr Creswell was employed, on a ./prohibition_order_mr_matthew_cresswell.pdf-temporary contract, as a classroom teacher. He was dismissed immediately after the ./prohibition_order_mr_matthew_cresswell.pdf-offences came to light. ./prohibition_order_mr_matthew_cresswell.pdf- ./prohibition_order_mr_matthew_cresswell.pdf-E. Decision and Reasons ./prohibition_order_mr_matthew_cresswell.pdf- ./prohibition_order_mr_matthew_cresswell.pdf-The Panel announced its decision and reasons as follows: ./prohibition_order_mr_matthew_cresswell.pdf- ./prohibition_order_mr_matthew_cresswell.pdf-The Panel has carefully considered the case before it and has reached a decision. -- ./prohibition_order_mr_matthew_cresswell.pdf-maintain high standards of ethics and behaviour, within and without the School. ./prohibition_order_mr_matthew_cresswell.pdf- ./prohibition_order_mr_matthew_cresswell.pdf-The preamble to the Standards which came into effect in 2012 but which, ./prohibition_order_mr_matthew_cresswell.pdf-nonetheless, the Panel is entitled to take into account, provides, inter alia, that ./prohibition_order_mr_matthew_cresswell.pdf-‘Teachers make the education of their pupils their first concern …’. Part Two of the ./prohibition_order_mr_matthew_cresswell.pdf-Standards provides, inter alia, that “Teachers uphold public trust in the profession ./prohibition_order_mr_matthew_cresswell.pdf-and maintain high standards of ethics and behaviour, within and outside the school”. ./prohibition_order_mr_matthew_cresswell.pdf-They are required to treat pupils with dignity and have regard for the need to ./prohibition_order_mr_matthew_cresswell.pdf-safeguard pupils’ well-being. ./prohibition_order_mr_matthew_cresswell.pdf- ./prohibition_order_mr_matthew_cresswell.pdf:By downloading pornographic images of children in furtherance of his sexual interest ./prohibition_order_mr_matthew_cresswell.pdf-in boys, Mr Creswell totally disregarded those principles. Making or possession of an ./prohibition_order_mr_matthew_cresswell.pdf-indecent photograph or pseudo-photograph of a child is illegal and regarded in UK ./prohibition_order_mr_matthew_cresswell.pdf-society as morally unacceptable. For these reasons any involvement in child ./prohibition_order_mr_matthew_cresswell.pdf:pornography by a teacher raises the question whether the public interest demands ./prohibition_order_mr_matthew_cresswell.pdf-that he be prevented from having contact with children. Whilst the courts properly ./prohibition_order_mr_matthew_cresswell.pdf:distinguish between degrees of seriousness, any conviction for child pornography ./prohibition_order_mr_matthew_cresswell.pdf-offences by a teacher is a matter of grave concern because it involves such a ./prohibition_order_mr_matthew_cresswell.pdf- ./prohibition_order_mr_matthew_cresswell.pdf- ./prohibition_order_mr_matthew_cresswell.pdf- ./prohibition_order_mr_matthew_cresswell.pdf- 5 ./prohibition_order_mr_matthew_cresswell.pdf- -- ./prohibition_order_mr_matthew_cresswell.pdf-those of the teacher. ./prohibition_order_mr_matthew_cresswell.pdf- ./prohibition_order_mr_matthew_cresswell.pdf-The Panel has taken it that prior to 2011, Mr Cresswell was of good character (albeit ./prohibition_order_mr_matthew_cresswell.pdf-that he had, by that time, taught for only one year), that he admitted his offending ./prohibition_order_mr_matthew_cresswell.pdf-behaviour at an early stage of the police investigation and that he entered early guilty ./prohibition_order_mr_matthew_cresswell.pdf-pleas before the court. However, that mitigation, such as it is, is far outweighed by ./prohibition_order_mr_matthew_cresswell.pdf-considerations of the protection of pupils, maintenance of public confidence in the ./prohibition_order_mr_matthew_cresswell.pdf-profession and the upholding of proper standards of conduct and behaviour. ./prohibition_order_mr_matthew_cresswell.pdf- ./prohibition_order_mr_matthew_cresswell.pdf-The Panel considers this to be a case where a Prohibition Order should be imposed. ./prohibition_order_mr_matthew_cresswell.pdf:Downloading pornographic images of children is not a victimless offence. ./prohibition_order_mr_matthew_cresswell.pdf- ./prohibition_order_mr_matthew_cresswell.pdf-By acting as he did, Mr Cresswell demonstrated a serious lack of professional ./prohibition_order_mr_matthew_cresswell.pdf-judgement and lack of respect for the dignity of children that had the very real ./prohibition_order_mr_matthew_cresswell.pdf-potential not only to damage his own professional reputation but also the reputation ./prohibition_order_mr_matthew_cresswell.pdf-of the school and the profession as a whole. ./prohibition_order_mr_matthew_cresswell.pdf- ./prohibition_order_mr_matthew_cresswell.pdf-Mr Cresswell’s offending behaviour was, as he admitted to the police, in furtherance ./prohibition_order_mr_matthew_cresswell.pdf:of his sexual interest in ten and eleven year old boys. Parents of a boy of that age ./prohibition_order_mr_matthew_cresswell.pdf-would be justifiably concerned at placing their trust in a teacher with such an interest. ./prohibition_order_mr_matthew_cresswell.pdf-Given that, in all of the circumstances, the Panel is satisfied that Mr Cresswell’s ./prohibition_order_mr_matthew_cresswell.pdf-conduct was fundamentally incompatible with being a teacher. ./prohibition_order_mr_matthew_cresswell.pdf- ./prohibition_order_mr_matthew_cresswell.pdf-In coming to its decision, the Panel has had regard to the fact that the public interest ./prohibition_order_mr_matthew_cresswell.pdf-includes the retention of a qualified teacher. However, in this case the Panel is ./prohibition_order_mr_matthew_cresswell.pdf-satisfied that the public interest, including the protection of pupils and the ./prohibition_order_mr_matthew_cresswell.pdf-maintenance of proper standards of conduct and behaviour, can be met only by the ./prohibition_order_mr_matthew_cresswell.pdf-imposition of a Prohibition Order. ./prohibition_order_mr_matthew_cresswell.pdf- ./prohibition_order_mr_matthew_cresswell.pdf:Given the nature of the offending behaviour and the sexual interest to which Mr ./prohibition_order_mr_matthew_cresswell.pdf-Cresswell has admitted, the Panel is of the view that only a Prohibition Order without ./prohibition_order_mr_matthew_cresswell.pdf-limit of time will adequately mark the opprobrium with which the public views conduct ./prohibition_order_mr_matthew_cresswell.pdf-of this type and send out a sufficiently strong signal to the profession as to the ./prohibition_order_mr_matthew_cresswell.pdf- ./prohibition_order_mr_matthew_cresswell.pdf- ./prohibition_order_mr_matthew_cresswell.pdf- 6 ./prohibition_order_mr_matthew_cresswell.pdf- ./prohibition_order_mr_mohammad_bashir_uddin.pdf- b. told her that he would go to her house during his free periods; ./prohibition_order_mr_mohammad_bashir_uddin.pdf- ./prohibition_order_mr_mohammad_bashir_uddin.pdf- c. asked her what her bedroom looked like; ./prohibition_order_mr_mohammad_bashir_uddin.pdf- ./prohibition_order_mr_mohammad_bashir_uddin.pdf- d. told her that he wanted to test how strong her bed was; ./prohibition_order_mr_mohammad_bashir_uddin.pdf- ./prohibition_order_mr_mohammad_bashir_uddin.pdf-3. had inappropriate contact with Student B, in 2009, in that he; ./prohibition_order_mr_mohammad_bashir_uddin.pdf- ./prohibition_order_mr_mohammad_bashir_uddin.pdf- a. called her over to him and asked her to get into his car, where he; ./prohibition_order_mr_mohammad_bashir_uddin.pdf- ./prohibition_order_mr_mohammad_bashir_uddin.pdf: i. told her she was "sexy" on at least one occasion; ./prohibition_order_mr_mohammad_bashir_uddin.pdf- ./prohibition_order_mr_mohammad_bashir_uddin.pdf- ii. put his hand on top of her hand, which was in her lap; ./prohibition_order_mr_mohammad_bashir_uddin.pdf- ./prohibition_order_mr_mohammad_bashir_uddin.pdf- iii. stroked her hand with his own; ./prohibition_order_mr_mohammad_bashir_uddin.pdf- ./prohibition_order_mr_mohammad_bashir_uddin.pdf- iv. rubbed her leg; v. ./prohibition_order_mr_mohammad_bashir_uddin.pdf- ./prohibition_order_mr_mohammad_bashir_uddin.pdf- rubbed her arm; ./prohibition_order_mr_mohammad_bashir_uddin.pdf- ./prohibition_order_mr_mohammad_bashir_uddin.pdf- vi. stroked her face; -- ./prohibition_order_mr_mohammad_bashir_uddin.pdf- 3 ./prohibition_order_mr_mohammad_bashir_uddin.pdf- ./prohibition_order_mr_mohammad_bashir_uddin.pdf- ./prohibition_order_mr_mohammad_bashir_uddin.pdf: i. told her she was "sexy"; ./prohibition_order_mr_mohammad_bashir_uddin.pdf- ./prohibition_order_mr_mohammad_bashir_uddin.pdf- ii. hugged her; ./prohibition_order_mr_mohammad_bashir_uddin.pdf- ./prohibition_order_mr_mohammad_bashir_uddin.pdf- iii. asked her what she wanted from him; ./prohibition_order_mr_mohammad_bashir_uddin.pdf- ./prohibition_order_mr_mohammad_bashir_uddin.pdf- f. detailed her in the school corridors, and; ./prohibition_order_mr_mohammad_bashir_uddin.pdf- ./prohibition_order_mr_mohammad_bashir_uddin.pdf- i. touched her in an inappropriate manner; ./prohibition_order_mr_mohammad_bashir_uddin.pdf- ./prohibition_order_mr_mohammad_bashir_uddin.pdf- ii. caused her to be late for a lesson; -- ./prohibition_order_mr_mohammad_bashir_uddin.pdf-her in an inappropriate manner. She also commented that Student B had told her ./prohibition_order_mr_mohammad_bashir_uddin.pdf-that she had been the subject of inappropriate behaviour by Mr Uddin. As a result of ./prohibition_order_mr_mohammad_bashir_uddin.pdf-these concerns, Students A and B were interviewed by school staff and ./prohibition_order_mr_mohammad_bashir_uddin.pdf-subsequently by the police. Student B raised concerns during her interviews that Mr ./prohibition_order_mr_mohammad_bashir_uddin.pdf-Uddin had called her on her mobile telephone and, whilst she had sat in his car at his ./prohibition_order_mr_mohammad_bashir_uddin.pdf-invitation, he had rubbed her arm and leg. She stated that within school Mr Uddin ./prohibition_order_mr_mohammad_bashir_uddin.pdf-had touched her and had hugged her. Mr Uddin was interviewed by Witness A the ./prohibition_order_mr_mohammad_bashir_uddin.pdf-Associate Head Teacher. Mr Uddin accepted during his interview that he had given ./prohibition_order_mr_mohammad_bashir_uddin.pdf-Student A his mobile telephone number and that he had touched Student B's leg to ./prohibition_order_mr_mohammad_bashir_uddin.pdf-comfort her while she had been in his car. It is not alleged that Mr Uddin acted in a ./prohibition_order_mr_mohammad_bashir_uddin.pdf:manner which was sexually motivated and the police did not prosecute any case ./prohibition_order_mr_mohammad_bashir_uddin.pdf-against him. ./prohibition_order_mr_mohammad_bashir_uddin.pdf- ./prohibition_order_mr_mohammad_bashir_uddin.pdf-The Panel considered the allegations set out in the Notice of Proceedings dated 20 ./prohibition_order_mr_mohammad_bashir_uddin.pdf-December 2012. ./prohibition_order_mr_mohammad_bashir_uddin.pdf- ./prohibition_order_mr_mohammad_bashir_uddin.pdf-It was alleged that Mr Mohammad Uddin was guilty of unacceptable professional ./prohibition_order_mr_mohammad_bashir_uddin.pdf-conduct and/or conduct that may bring the profession into disrepute, in that: ./prohibition_order_mr_mohammad_bashir_uddin.pdf-Whilst employed at Stockland Green Technology College, Erdington, Birmingham ./prohibition_order_mr_mohammad_bashir_uddin.pdf-between 26 September 2008 and 30 September 2010, he; ./prohibition_order_mr_mohammad_bashir_uddin.pdf- -- ./prohibition_order_mr_mohammad_bashir_uddin.pdf- b. told her that he would go to her house during his free periods; ./prohibition_order_mr_mohammad_bashir_uddin.pdf- ./prohibition_order_mr_mohammad_bashir_uddin.pdf- c. asked her what her bedroom looked like; ./prohibition_order_mr_mohammad_bashir_uddin.pdf- ./prohibition_order_mr_mohammad_bashir_uddin.pdf- d. told her that he wanted to test how strong her bed was; ./prohibition_order_mr_mohammad_bashir_uddin.pdf- ./prohibition_order_mr_mohammad_bashir_uddin.pdf-3. had inappropriate contact with Student B, in 2009, in that he; ./prohibition_order_mr_mohammad_bashir_uddin.pdf- ./prohibition_order_mr_mohammad_bashir_uddin.pdf- a. called her over to him and asked her to get into his car, where he; ./prohibition_order_mr_mohammad_bashir_uddin.pdf- ./prohibition_order_mr_mohammad_bashir_uddin.pdf: i. told her she was "sexy" on at least one occasion; ./prohibition_order_mr_mohammad_bashir_uddin.pdf- ./prohibition_order_mr_mohammad_bashir_uddin.pdf- ii. put his hand on top of her hand, which was in her lap; ./prohibition_order_mr_mohammad_bashir_uddin.pdf- ./prohibition_order_mr_mohammad_bashir_uddin.pdf- iii. stroked her hand with his own; ./prohibition_order_mr_mohammad_bashir_uddin.pdf- ./prohibition_order_mr_mohammad_bashir_uddin.pdf- iv. rubbed her leg; v. ./prohibition_order_mr_mohammad_bashir_uddin.pdf- ./prohibition_order_mr_mohammad_bashir_uddin.pdf- rubbed her arm; ./prohibition_order_mr_mohammad_bashir_uddin.pdf- ./prohibition_order_mr_mohammad_bashir_uddin.pdf- vi. stroked her face; ./prohibition_order_mr_mohammad_bashir_uddin.pdf- ./prohibition_order_mr_mohammad_bashir_uddin.pdf- b. requested her personal email address; ./prohibition_order_mr_mohammad_bashir_uddin.pdf- ./prohibition_order_mr_mohammad_bashir_uddin.pdf- c. called her on her mobile; ./prohibition_order_mr_mohammad_bashir_uddin.pdf- ./prohibition_order_mr_mohammad_bashir_uddin.pdf- d. touched her in an inappropriate manner during woodwork lessons; ./prohibition_order_mr_mohammad_bashir_uddin.pdf- ./prohibition_order_mr_mohammad_bashir_uddin.pdf- e. told her to wait for him in his classroom, then proceeded to pull her into ./prohibition_order_mr_mohammad_bashir_uddin.pdf- a cupboard, where he; ./prohibition_order_mr_mohammad_bashir_uddin.pdf- ./prohibition_order_mr_mohammad_bashir_uddin.pdf: i. told her she was "sexy"; ./prohibition_order_mr_mohammad_bashir_uddin.pdf- ./prohibition_order_mr_mohammad_bashir_uddin.pdf- ii. hugged her; ./prohibition_order_mr_mohammad_bashir_uddin.pdf- ./prohibition_order_mr_mohammad_bashir_uddin.pdf- iii. asked her what she wanted from him; ./prohibition_order_mr_mohammad_bashir_uddin.pdf- ./prohibition_order_mr_mohammad_bashir_uddin.pdf- f. detained her in the school corridors, and; ./prohibition_order_mr_mohammad_bashir_uddin.pdf- ./prohibition_order_mr_mohammad_bashir_uddin.pdf- i. touched her in an inappropriate manner; ./prohibition_order_mr_mohammad_bashir_uddin.pdf- ./prohibition_order_mr_mohammad_bashir_uddin.pdf- ii. caused her to be late for a lesson; -- ./prohibition_order_mr_mohammad_bashir_uddin.pdf- 14 ./prohibition_order_mr_mohammad_bashir_uddin.pdf- ./prohibition_order_mr_mohammad_bashir_uddin.pdf- ./prohibition_order_mr_mohammad_bashir_uddin.pdf-We considered the evidence of Student B, as presented through her videoed ./prohibition_order_mr_mohammad_bashir_uddin.pdf-interview with the police on 10 November 2009. She recalled during the interview ./prohibition_order_mr_mohammad_bashir_uddin.pdf-that Mr Uddin had called to her whilst she was walking home in July 2009 whilst it ./prohibition_order_mr_mohammad_bashir_uddin.pdf-was raining and that he had been in his car. He had asked her to get into his car. ./prohibition_order_mr_mohammad_bashir_uddin.pdf-She had got into the car in the passenger seat. Once she had got in the car they ./prohibition_order_mr_mohammad_bashir_uddin.pdf:had had a conversation, during which he had said that she was sexy. She recalled ./prohibition_order_mr_mohammad_bashir_uddin.pdf-that she was shocked by his comment. She explained that when she had been in the ./prohibition_order_mr_mohammad_bashir_uddin.pdf-car Mr Uddin he had put his hand on top of hers, which was in her lap, and she ./prohibition_order_mr_mohammad_bashir_uddin.pdf-demonstrated how he had done so. ./prohibition_order_mr_mohammad_bashir_uddin.pdf- ./prohibition_order_mr_mohammad_bashir_uddin.pdf-During the interview she also gave evidence by which she recalled how Mr Uddin ./prohibition_order_mr_mohammad_bashir_uddin.pdf-had rubbed her leg. She was able to demonstrate how he had done this. She ./prohibition_order_mr_mohammad_bashir_uddin.pdf-recalled that Mr Uddin had also rubbed her arm and, again, demonstrated what he ./prohibition_order_mr_mohammad_bashir_uddin.pdf-had done. As well as providing detail about the nature of their conversation, Student ./prohibition_order_mr_mohammad_bashir_uddin.pdf-B also recalled that Mr Uddin had started to touch her face and stroked it. ./prohibition_order_mr_mohammad_bashir_uddin.pdf- -- ./prohibition_order_mr_mohammad_bashir_uddin.pdf-Her evidence was that Mr Uddin pulled her from behind into a store cupboard and ./prohibition_order_mr_mohammad_bashir_uddin.pdf-that he touched her closely. She explained how Mr Uddin had pulled her into the ./prohibition_order_mr_mohammad_bashir_uddin.pdf-room, had put his arms around her, hugged her, then put his arms across her front ./prohibition_order_mr_mohammad_bashir_uddin.pdf-and then touched her waist and moved his arms down her legs. She demonstrated ./prohibition_order_mr_mohammad_bashir_uddin.pdf-how she had moved her arms and had been holding her school bags. She explained ./prohibition_order_mr_mohammad_bashir_uddin.pdf-how she was scared and how she felt that she was in a dream. She described how ./prohibition_order_mr_mohammad_bashir_uddin.pdf-he had spoken with her and asked what she wanted from him. ./prohibition_order_mr_mohammad_bashir_uddin.pdf- ./prohibition_order_mr_mohammad_bashir_uddin.pdf-Witness A gave evidence about her recollection following his interview with her. In ./prohibition_order_mr_mohammad_bashir_uddin.pdf-her interview with the Head teacher, she stated that Mr Uddin had said that she was ./prohibition_order_mr_mohammad_bashir_uddin.pdf:sexy. It is a phrase which, we have found proven, Mr Uddin had said to her before. It ./prohibition_order_mr_mohammad_bashir_uddin.pdf-is likely that he used this phraseology certainly during the events which are the ./prohibition_order_mr_mohammad_bashir_uddin.pdf-subject of this allegation. ./prohibition_order_mr_mohammad_bashir_uddin.pdf- ./prohibition_order_mr_mohammad_bashir_uddin.pdf-Mr Uddin denied this allegation in its entirety but during his interview with the school, ./prohibition_order_mr_mohammad_bashir_uddin.pdf-he did accept that he been in the store room because he tried to get Student B to ./prohibition_order_mr_mohammad_bashir_uddin.pdf-come out of the room ./prohibition_order_mr_mohammad_bashir_uddin.pdf- ./prohibition_order_mr_mohammad_bashir_uddin.pdf-Given the evidence provided by Student B both to the police and as part of the ./prohibition_order_mr_mohammad_bashir_uddin.pdf-school interview, we find each of these particulars proven. ./prohibition_order_mr_mohammad_bashir_uddin.pdf- ./prohibition_order_mr_nicholas_grenville_fallon.pdf- a) socialised with Student A outside of school; ./prohibition_order_mr_nicholas_grenville_fallon.pdf- ./prohibition_order_mr_nicholas_grenville_fallon.pdf- b) gave Student A lifts in your car on more than one occasion; ./prohibition_order_mr_nicholas_grenville_fallon.pdf- ./prohibition_order_mr_nicholas_grenville_fallon.pdf- c) engaged in unprofessional communication with Student A; ./prohibition_order_mr_nicholas_grenville_fallon.pdf- ./prohibition_order_mr_nicholas_grenville_fallon.pdf- i. through social networking sites such as Facebook and Twitter; ./prohibition_order_mr_nicholas_grenville_fallon.pdf- ./prohibition_order_mr_nicholas_grenville_fallon.pdf- ii. via test messages on your mobile phone ./prohibition_order_mr_nicholas_grenville_fallon.pdf- ./prohibition_order_mr_nicholas_grenville_fallon.pdf: d) engaged in sexual activity with Student A ./prohibition_order_mr_nicholas_grenville_fallon.pdf- ./prohibition_order_mr_nicholas_grenville_fallon.pdf-The facts of allegation 1a), 1b) and 1c) were admitted. Mr Fallon admitted ./prohibition_order_mr_nicholas_grenville_fallon.pdf-unacceptable professional conduct in relation to 1a), 1b) and 1c). Mr Fallon did not ./prohibition_order_mr_nicholas_grenville_fallon.pdf-admit the fact of allegation 1 d) and denied unacceptable professional conduct in ./prohibition_order_mr_nicholas_grenville_fallon.pdf-relation to 1d) . ./prohibition_order_mr_nicholas_grenville_fallon.pdf- ./prohibition_order_mr_nicholas_grenville_fallon.pdf- ./prohibition_order_mr_nicholas_grenville_fallon.pdf-C. Summary of Evidence ./prohibition_order_mr_nicholas_grenville_fallon.pdf- ./prohibition_order_mr_nicholas_grenville_fallon.pdf-Documents -- ./prohibition_order_mr_nicholas_grenville_fallon.pdf-College, who investigated the allegations. She read her witness statement at pages ./prohibition_order_mr_nicholas_grenville_fallon.pdf-97-99 of the case papers and confirmed that the contents were true to best of her ./prohibition_order_mr_nicholas_grenville_fallon.pdf-knowledge and belief. She had undertaken level three child protection training and ./prohibition_order_mr_nicholas_grenville_fallon.pdf-dealt with Student A in accordance with that training. She did not know Student A ./prohibition_order_mr_nicholas_grenville_fallon.pdf-well but, having taught her for a year, she had a professional teacher/student ./prohibition_order_mr_nicholas_grenville_fallon.pdf-relationship with her. She denied that she had placed Student B under any pressure ./prohibition_order_mr_nicholas_grenville_fallon.pdf-to provide a statement. She offered Student A support throughout the process. ./prohibition_order_mr_nicholas_grenville_fallon.pdf-Student A sent an email to her on the school email account, (at page 100 of the case ./prohibition_order_mr_nicholas_grenville_fallon.pdf-papers). Mr Fallon had been suspended by that point. On the first occasion that she ./prohibition_order_mr_nicholas_grenville_fallon.pdf-met with Student A, Student A denied a relationship and on the second occasion she ./prohibition_order_mr_nicholas_grenville_fallon.pdf:stated that a sexual relationship had taken place. Witness A did not feel that what ./prohibition_order_mr_nicholas_grenville_fallon.pdf-she said on the second occasion was untrue. ./prohibition_order_mr_nicholas_grenville_fallon.pdf- ./prohibition_order_mr_nicholas_grenville_fallon.pdf-On cross-examination Witness A confirmed that she did not look at Twitter messages ./prohibition_order_mr_nicholas_grenville_fallon.pdf-as part of her investigation. In her opinion that she did not need go down the Twitter ./prohibition_order_mr_nicholas_grenville_fallon.pdf-route as the contents of text had been confirmed by witnesses and Student A had ./prohibition_order_mr_nicholas_grenville_fallon.pdf:admitted a sexual relationship with Mr Fallon. ./prohibition_order_mr_nicholas_grenville_fallon.pdf- -- ./prohibition_order_mr_nicholas_grenville_fallon.pdf-to do in relation to the investigation and as far as he was concerned she supported ./prohibition_order_mr_nicholas_grenville_fallon.pdf-students at difficult times with utmost professionalism reflecting her level 3 child ./prohibition_order_mr_nicholas_grenville_fallon.pdf-protection status and designation as Child Protection Officer. No concerns had been ./prohibition_order_mr_nicholas_grenville_fallon.pdf-raised by students about Witness A being intimidating whilst he was Head ./prohibition_order_mr_nicholas_grenville_fallon.pdf-Teacher. ./prohibition_order_mr_nicholas_grenville_fallon.pdf- ./prohibition_order_mr_nicholas_grenville_fallon.pdf-Mr Fallon arrived at the Investigatory meeting wearing dark glasses and Witness B ./prohibition_order_mr_nicholas_grenville_fallon.pdf-did not believe him to be in 100% health. He did not request a delay in the meeting. ./prohibition_order_mr_nicholas_grenville_fallon.pdf-If there had been any indication of ill health then that would have been considered. ./prohibition_order_mr_nicholas_grenville_fallon.pdf-The note taken, which appears at pages 47-53 of the bundle ,was an accurate ./prohibition_order_mr_nicholas_grenville_fallon.pdf:account of the meeting. Mr Fallon was asked if he had a sexual relationship with ./prohibition_order_mr_nicholas_grenville_fallon.pdf-Student A to which he replied “no comment”. Witness B considered this to be ./prohibition_order_mr_nicholas_grenville_fallon.pdf-unhelpful as it did not establish whether or not such a relationship had taken place. ./prohibition_order_mr_nicholas_grenville_fallon.pdf- ./prohibition_order_mr_nicholas_grenville_fallon.pdf-On cross-examination Witness B stated that the Disciplinary Panel decided that Mr ./prohibition_order_mr_nicholas_grenville_fallon.pdf:Fallen had conducted a sexual relationship with Student based on the evidence ./prohibition_order_mr_nicholas_grenville_fallon.pdf-provided by Students B and C. Witness B asked Witness A to investigate the ./prohibition_order_mr_nicholas_grenville_fallon.pdf-rumours going around the school. It would have been helpful if Mr Fallon had either ./prohibition_order_mr_nicholas_grenville_fallon.pdf:confirmed or refuted the suggestion a sexual relationship with Student A. Mr Fallon ./prohibition_order_mr_nicholas_grenville_fallon.pdf- -- ./prohibition_order_mr_nicholas_grenville_fallon.pdf- ./prohibition_order_mr_nicholas_grenville_fallon.pdf-Mr Fallon confirmed his witness statement at pages 91-94 of the case papers. He did ./prohibition_order_mr_nicholas_grenville_fallon.pdf-not accept that he had training in child protection as a newly qualified teacher. He ./prohibition_order_mr_nicholas_grenville_fallon.pdf-only met his mentor twice in the year. ./prohibition_order_mr_nicholas_grenville_fallon.pdf- ./prohibition_order_mr_nicholas_grenville_fallon.pdf-On cross-examination he confirmed that he would pick Student A up in his car in ./prohibition_order_mr_nicholas_grenville_fallon.pdf-public and then take her to the cinema. He also took her for coffee at McDonalds. ./prohibition_order_mr_nicholas_grenville_fallon.pdf-He drove from Ripon to York as the cinema had a greater choice of films. He ./prohibition_order_mr_nicholas_grenville_fallon.pdf-thought because Student A was year 14 and over 18 there wasn’t a problem with ./prohibition_order_mr_nicholas_grenville_fallon.pdf-him doing this. He apologised for the inappropriate relationship with Student A but ./prohibition_order_mr_nicholas_grenville_fallon.pdf:said that at no time was this a sexual relationship. He could not remember if he ./prohibition_order_mr_nicholas_grenville_fallon.pdf-attended a safeguarding session at the school. His relationship with Student A was ./prohibition_order_mr_nicholas_grenville_fallon.pdf-paternal and if he gave her the impression that it was anything other than that he did ./prohibition_order_mr_nicholas_grenville_fallon.pdf:not mean to do so. During his Investigatory Meeting when asked if he had a sexual ./prohibition_order_mr_nicholas_grenville_fallon.pdf-relationship with Student A he replied no comment and in doing meant “no”. He ./prohibition_order_mr_nicholas_grenville_fallon.pdf-thought that this was the best thing to say. He was not feeling well at the meeting. ./prohibition_order_mr_nicholas_grenville_fallon.pdf-He denied he sent the message described by Student B to Student A. He did not ./prohibition_order_mr_nicholas_grenville_fallon.pdf-know whether Witness A had put any pressure on Student A or why Student B and C ./prohibition_order_mr_nicholas_grenville_fallon.pdf-had lied about what Student A said to them. Witness A was a member of the Senior ./prohibition_order_mr_nicholas_grenville_fallon.pdf-Management Team and had a forceful personality. He did not know Individual A. ./prohibition_order_mr_nicholas_grenville_fallon.pdf-He denied that he picked Student A up after the College awards ceremony. ./prohibition_order_mr_nicholas_grenville_fallon.pdf- ./prohibition_order_mr_nicholas_grenville_fallon.pdf-In answer to the Panel’s questions Mr Fallon stated that with hindsight rather than ./prohibition_order_mr_nicholas_grenville_fallon.pdf-saying “no comment” he should have said no. He was wearing dark glasses at the ./prohibition_order_mr_nicholas_grenville_fallon.pdf-meeting because of his headaches and with hindsight should have asked for it to be ./prohibition_order_mr_nicholas_grenville_fallon.pdf-put off. He met with his Union Representative five minutes before the Investigatory ./prohibition_order_mr_nicholas_grenville_fallon.pdf:Meeting. He denied any sexual activity with Student A and said that he had had ./prohibition_order_mr_nicholas_grenville_fallon.pdf-absolutely no physical contact with her. He had discussions with Student A in school ./prohibition_order_mr_nicholas_grenville_fallon.pdf-and openly discussed going to films with her. It did not occur to Mr Fallon to speak ./prohibition_order_mr_nicholas_grenville_fallon.pdf-to anybody about his relationship with Student A. ./prohibition_order_mr_nicholas_grenville_fallon.pdf- ./prohibition_order_mr_nicholas_grenville_fallon.pdf-Summing Up ./prohibition_order_mr_nicholas_grenville_fallon.pdf- ./prohibition_order_mr_nicholas_grenville_fallon.pdf-At the conclusion of the evidence, the Presenting Officer and Mr Ballinger summed ./prohibition_order_mr_nicholas_grenville_fallon.pdf-up to the Panel. ./prohibition_order_mr_nicholas_grenville_fallon.pdf- -- ./prohibition_order_mr_nicholas_grenville_fallon.pdf-and 30 June 2011. The allegation against Mr Fallon is that he engaged in an ./prohibition_order_mr_nicholas_grenville_fallon.pdf-inappropriate relationship with Student A, a sixth form student. Concerns were first ./prohibition_order_mr_nicholas_grenville_fallon.pdf-raised about Mr Fallon’s relationship with Student A after a teacher overheard ./prohibition_order_mr_nicholas_grenville_fallon.pdf-discussions between Student B and C on 18 March 2011. On that day Student A ./prohibition_order_mr_nicholas_grenville_fallon.pdf-denied a relationship with Mr Fallon when interviewed by Witness A, the Assistant ./prohibition_order_mr_nicholas_grenville_fallon.pdf-Headteacher, saying that they were just friends. ./prohibition_order_mr_nicholas_grenville_fallon.pdf- ./prohibition_order_mr_nicholas_grenville_fallon.pdf-On 25 March 2011 Student B reported further concerns to a teacher. Witness A ./prohibition_order_mr_nicholas_grenville_fallon.pdf-interviewed Student A who stated that she met with Mr Fallon on a number of ./prohibition_order_mr_nicholas_grenville_fallon.pdf-occasions outside school and that they were engaging in a relationship, which ./prohibition_order_mr_nicholas_grenville_fallon.pdf:included a sexual relationship. Mr Fallon was suspended and the allegations were ./prohibition_order_mr_nicholas_grenville_fallon.pdf-referred to Safeguarding Authorities who decided to take no further action as Student ./prohibition_order_mr_nicholas_grenville_fallon.pdf-A was aged 18 years at the time. At an Investigation Meeting on 10 May 2011 Mr ./prohibition_order_mr_nicholas_grenville_fallon.pdf-Fallon accepted that he had been in contact with Student A on Twitter and the ./prohibition_order_mr_nicholas_grenville_fallon.pdf-internet, that he had seen her outside school, including taking her to the cinema in ./prohibition_order_mr_nicholas_grenville_fallon.pdf:York on a number of occasions. He denied that the relationship was sexual, replying, ./prohibition_order_mr_nicholas_grenville_fallon.pdf-“no comment”. ./prohibition_order_mr_nicholas_grenville_fallon.pdf- ./prohibition_order_mr_nicholas_grenville_fallon.pdf-Mr Fallon subsequently submitted a personal statement denying the allegation that ./prohibition_order_mr_nicholas_grenville_fallon.pdf:he had engaged in a sexual relationship on 24 June 2011. A disciplinary hearing ./prohibition_order_mr_nicholas_grenville_fallon.pdf-took place on 30 June 2011 at which allegations of an inappropriate relationship with ./prohibition_order_mr_nicholas_grenville_fallon.pdf-Student A were considered. Mr Fallon was dismissed without notice and the case ./prohibition_order_mr_nicholas_grenville_fallon.pdf-was referred to the Teaching Agency’s predecessor, the General Teaching Council ./prohibition_order_mr_nicholas_grenville_fallon.pdf-for England. ./prohibition_order_mr_nicholas_grenville_fallon.pdf- ./prohibition_order_mr_nicholas_grenville_fallon.pdf-It is alleged by the Teaching Agency that as a consequence of his behaviour, Mr ./prohibition_order_mr_nicholas_grenville_fallon.pdf-Fallon is guilty of unacceptable professional conduct. ./prohibition_order_mr_nicholas_grenville_fallon.pdf- ./prohibition_order_mr_nicholas_grenville_fallon.pdf-Findings of fact ./prohibition_order_mr_nicholas_grenville_fallon.pdf- -- ./prohibition_order_mr_nicholas_grenville_fallon.pdf-evidence to the Panel that she had reported what she had seen to a teacher ./prohibition_order_mr_nicholas_grenville_fallon.pdf-because she thought it was, “wrong for a teacher to engage in this sort of ./prohibition_order_mr_nicholas_grenville_fallon.pdf-communication with a student”. ./prohibition_order_mr_nicholas_grenville_fallon.pdf- ./prohibition_order_mr_nicholas_grenville_fallon.pdf-The fact of this allegation is further supported by Mr Fallon’s admission at page 72 of ./prohibition_order_mr_nicholas_grenville_fallon.pdf-the case papers where he confirms that he provided his private Email address and ./prohibition_order_mr_nicholas_grenville_fallon.pdf-mobile text number to Student A and added her as a friend on Facebook and Twitter. ./prohibition_order_mr_nicholas_grenville_fallon.pdf-He accepted that he had exchanged text messages with Student A on a regular ./prohibition_order_mr_nicholas_grenville_fallon.pdf-basis. ./prohibition_order_mr_nicholas_grenville_fallon.pdf- ./prohibition_order_mr_nicholas_grenville_fallon.pdf:d) engaged in sexual activity with Student A ./prohibition_order_mr_nicholas_grenville_fallon.pdf- ./prohibition_order_mr_nicholas_grenville_fallon.pdf-We have found this allegation against Mr Fallon not proven. The case presented by ./prohibition_order_mr_nicholas_grenville_fallon.pdf-the Teaching Agency was that in March 2011 Student A told Student B that she had ./prohibition_order_mr_nicholas_grenville_fallon.pdf:engaged in sexual activity with Mr Fallon. Student A subsequently also reported this ./prohibition_order_mr_nicholas_grenville_fallon.pdf-to Witness A during interview. However, the Panel were also provided with an ./prohibition_order_mr_nicholas_grenville_fallon.pdf-affidavit (a statement sworn on oath before a solicitor) from Student A, dated 19 ./prohibition_order_mr_nicholas_grenville_fallon.pdf:September 2012 in which she now denies that she engaged in sexual activity with Mr ./prohibition_order_mr_nicholas_grenville_fallon.pdf-Fallon. Mr Fallon also gave evidence to the Panel in which he strongly denied that he ./prohibition_order_mr_nicholas_grenville_fallon.pdf:had engaged in sexual activity with Student A. ./prohibition_order_mr_nicholas_grenville_fallon.pdf- ./prohibition_order_mr_nicholas_grenville_fallon.pdf-We are satisfied by the evidence of Witness A and Student B that Student A did ./prohibition_order_mr_nicholas_grenville_fallon.pdf:report to them that she had engaged in sexual activity with Mr Fallon. Indeed, in her ./prohibition_order_mr_nicholas_grenville_fallon.pdf-sworn affidavit Student A acknowledges that she did make a statement on 3 May ./prohibition_order_mr_nicholas_grenville_fallon.pdf:2011 that she had engaged in a sexual relationship with Mr Fallon, but now wishes ./prohibition_order_mr_nicholas_grenville_fallon.pdf- -- ./prohibition_order_mr_nicholas_grenville_fallon.pdf- 8 ./prohibition_order_mr_nicholas_grenville_fallon.pdf- ./prohibition_order_mr_nicholas_grenville_fallon.pdf- ./prohibition_order_mr_nicholas_grenville_fallon.pdf- to retract this statement. We have not had the benefit of hearing from Student A in ./prohibition_order_mr_nicholas_grenville_fallon.pdf- person or had the opportunity to question her about her conflicting accounts relating ./prohibition_order_mr_nicholas_grenville_fallon.pdf- to this allegation. However, the content of her affidavit makes it unsafe to rely on her ./prohibition_order_mr_nicholas_grenville_fallon.pdf: previous account that sexual activity had taken place. As there is no other direct ./prohibition_order_mr_nicholas_grenville_fallon.pdf- evidence in support of the allegation, we could not be satisfied, on the balance of ./prohibition_order_mr_nicholas_grenville_fallon.pdf: probabilities, that sexual activity did take place. ./prohibition_order_mr_nicholas_grenville_fallon.pdf- ./prohibition_order_mr_nicholas_grenville_fallon.pdf- ./prohibition_order_mr_nicholas_grenville_fallon.pdf- Findings as to Unacceptable Professional Conduct ./prohibition_order_mr_nicholas_grenville_fallon.pdf- ./prohibition_order_mr_nicholas_grenville_fallon.pdf- Mr Fallon admits that his actions in relation to the facts we have found proved ./prohibition_order_mr_nicholas_grenville_fallon.pdf- amount to unacceptable professional conduct. ./prohibition_order_mr_nicholas_grenville_fallon.pdf- ./prohibition_order_mr_nicholas_grenville_fallon.pdf- We are satisfied that the conduct of Mr Fallon in relation to the facts proved falls ./prohibition_order_mr_nicholas_grenville_fallon.pdf- seriously short of the standards of behaviour expected of the profession and bring ./prohibition_order_mr_nicholas_grenville_fallon.pdf- the teaching profession into disrepute. Accordingly, we are satisfied that Mr Fallon is ./prohibition_order_mr_nigel_read.pdf-The Panel considered the allegations set out in the Notice of Proceedings dated 25th ./prohibition_order_mr_nigel_read.pdf-July 2012. ./prohibition_order_mr_nigel_read.pdf- ./prohibition_order_mr_nigel_read.pdf-It was alleged that Mr Nigel Read was guilty of unacceptable professional conduct, in ./prohibition_order_mr_nigel_read.pdf-that : ./prohibition_order_mr_nigel_read.pdf- ./prohibition_order_mr_nigel_read.pdf-Whilst employed at Roseland Community College, Tregony, Cornwall between 2008 ./prohibition_order_mr_nigel_read.pdf-and 2010, he : ./prohibition_order_mr_nigel_read.pdf- ./prohibition_order_mr_nigel_read.pdf-1. Stroked the leg of a female pupil, Pupil A, on 5 November 2009; ./prohibition_order_mr_nigel_read.pdf:2. Sent an inappropriate text message of a sexual nature regarding school ./prohibition_order_mr_nigel_read.pdf-business to a student's parent, Individual A in 2009; ./prohibition_order_mr_nigel_read.pdf-3. Allowed his college laptop to be used by other people contrary to the ./prohibition_order_mr_nigel_read.pdf-Acceptable Use Policy he had signed about its use; ./prohibition_order_mr_nigel_read.pdf-4. Stored inappropriate material on his college laptop. ./prohibition_order_mr_nigel_read.pdf- -- ./prohibition_order_mr_nigel_read.pdf-matter and should have been drafted on a professional level not a personal one. ./prohibition_order_mr_nigel_read.pdf- ./prohibition_order_mr_nigel_read.pdf-(3) We find this allegation proved. We accept the evidence of Witness B. It is clear ./prohibition_order_mr_nigel_read.pdf-that Mr Read was aware of, and signed, the relevant school policy. Mr Read has ./prohibition_order_mr_nigel_read.pdf-admitted that his family used the laptop (including his daughters) as well as his friend ./prohibition_order_mr_nigel_read.pdf-Individual B. The policy clearly states that the laptop was for work use only and not ./prohibition_order_mr_nigel_read.pdf-even family members were allowed to use it. The Policy was revisited every 2 ./prohibition_order_mr_nigel_read.pdf-years by way of refresher training. ./prohibition_order_mr_nigel_read.pdf- ./prohibition_order_mr_nigel_read.pdf-(4) We find this allegation proved. We have viewed within our papers screenshots ./prohibition_order_mr_nigel_read.pdf:showing inappropriate material of a pornographic nature. ./prohibition_order_mr_nigel_read.pdf- ./prohibition_order_mr_nigel_read.pdf-Findings as to unacceptable professional conduct / conduct that may bring the ./prohibition_order_mr_nigel_read.pdf-profession into disrepute ./prohibition_order_mr_nigel_read.pdf- ./prohibition_order_mr_nigel_read.pdf-We are satisfied that the factual allegations found proved amount to unacceptable ./prohibition_order_mr_nigel_read.pdf-professional conduct. In our judgment the behaviour demonstrated is misconduct of ./prohibition_order_mr_nigel_read.pdf-a serious nature that falls significantly short of the standard of behaviour expected of ./prohibition_order_mr_nigel_read.pdf-a teacher. Mr Read has clearly breached the following elements of the Department's ./prohibition_order_mr_nigel_read.pdf-published Teaching Standards. ./prohibition_order_mr_nigel_read.pdf- ./Prohibition_order_Mr_Nkosana_Brown_.pdf-professional teacher to behave in a way which would safeguard against the development ./Prohibition_order_Mr_Nkosana_Brown_.pdf-of such a relationship. The Panel was particularly concerned at the failure of Mr Brown to ./Prohibition_order_Mr_Nkosana_Brown_.pdf-consider safeguarding issues in relation to the welfare of Pupil A having been told by her ./Prohibition_order_Mr_Nkosana_Brown_.pdf-of an event in her past life and the fact that she felt suicidal and desperate. This should ./Prohibition_order_Mr_Nkosana_Brown_.pdf-undoubtedly have been reported to the appropriate manager at the school at the first ./Prohibition_order_Mr_Nkosana_Brown_.pdf-available opportunity whatever Mr Brown’s personal judgment might have been. ./Prohibition_order_Mr_Nkosana_Brown_.pdf- ./Prohibition_order_Mr_Nkosana_Brown_.pdf-Finally, the Panel was deeply concerned at the content and meaning of the messages ./Prohibition_order_Mr_Nkosana_Brown_.pdf-sent by Mr Brown to Pupil A between 10 and 24 November 2010. Whilst the Panel did ./Prohibition_order_Mr_Nkosana_Brown_.pdf-not reach any conclusions, and its decision was not based in any way on findings of any ./Prohibition_order_Mr_Nkosana_Brown_.pdf:physical sexual activity between Mr Brown and Pupil A, it was nevertheless satisfied that ./Prohibition_order_Mr_Nkosana_Brown_.pdf:the messages sent by Mr Brown to Pupil A were of a sexual nature and amounted to ./Prohibition_order_Mr_Nkosana_Brown_.pdf-wholly inappropriate communications between teacher and pupil. ./Prohibition_order_Mr_Nkosana_Brown_.pdf- ./Prohibition_order_Mr_Nkosana_Brown_.pdf-As for the Panel’s findings in respect of particulars 3 to 6, it found Mr Brown guilty of ./Prohibition_order_Mr_Nkosana_Brown_.pdf-unacceptable professional conduct and conduct likely to bring the profession into ./Prohibition_order_Mr_Nkosana_Brown_.pdf-disrepute. ./Prohibition_order_Mr_Nkosana_Brown_.pdf- ./Prohibition_order_Mr_Nkosana_Brown_.pdf-Whilst the facts of particular 7 were found proved, for the reasons outlined, the Panel did ./Prohibition_order_Mr_Nkosana_Brown_.pdf-not find Mr Brown guilty of unacceptable professional conduct or conduct likely to bring ./Prohibition_order_Mr_Nkosana_Brown_.pdf-the profession into disrepute in regard to this particular. ./Prohibition_order_Mr_Nkosana_Brown_.pdf- -- ./Prohibition_order_Mr_Nkosana_Brown_.pdf-The period over which the allegations extend is from July 2010 to November 2013 and ./Prohibition_order_Mr_Nkosana_Brown_.pdf-therefore cannot be described as isolated instances of misconduct. ./Prohibition_order_Mr_Nkosana_Brown_.pdf- ./Prohibition_order_Mr_Nkosana_Brown_.pdf-We have found that Mr Brown’s behaviours were a serious departure from a significant ./Prohibition_order_Mr_Nkosana_Brown_.pdf-number of the Teachers’ Standards as particularised above and was misconduct ./Prohibition_order_Mr_Nkosana_Brown_.pdf-seriously affecting the wellbeing of pupils. Despite what was said on his behalf and the ./Prohibition_order_Mr_Nkosana_Brown_.pdf-submission of Mr Brown himself, the Panel was concerned at the overall attitude and ./Prohibition_order_Mr_Nkosana_Brown_.pdf-approach of Mr Brown and concluded that his behaviour in its overall terms was ./Prohibition_order_Mr_Nkosana_Brown_.pdf-fundamentally incompatible with that expected of a professional teacher. ./Prohibition_order_Mr_Nkosana_Brown_.pdf- ./Prohibition_order_Mr_Nkosana_Brown_.pdf:The Panel was concerned that, whilst there was no evidence of physical sexual relations ./Prohibition_order_Mr_Nkosana_Brown_.pdf-having taken place between Mr Brown and Pupil A, and that its decision is not based on ./Prohibition_order_Mr_Nkosana_Brown_.pdf-any such relationship having taken place, the messages exchanged are, as already ./Prohibition_order_Mr_Nkosana_Brown_.pdf:stated above, of an intimate sexual nature. ./Prohibition_order_Mr_Nkosana_Brown_.pdf- ./Prohibition_order_Mr_Nkosana_Brown_.pdf-In the view of the Panel, a Prohibition Order is necessary in order to: protect children; to ./Prohibition_order_Mr_Nkosana_Brown_.pdf-maintain public confidence in the teaching profession, and to declare and uphold proper ./Prohibition_order_Mr_Nkosana_Brown_.pdf-standards of conduct. We are satisfied that this is a proportionate recommendation. ./Prohibition_order_Mr_Nkosana_Brown_.pdf-Safeguarding, child protection and the overall honesty of teachers are core features of a ./Prohibition_order_Mr_Nkosana_Brown_.pdf-teacher’s responsibilities and there is a public interest in ensuring that the conduct of Mr ./Prohibition_order_Mr_Nkosana_Brown_.pdf-Brown giving rise to the allegations found proven cannot be tolerated. ./Prohibition_order_Mr_Nkosana_Brown_.pdf- ./Prohibition_order_Mr_Nkosana_Brown_.pdf-There was evidence that some aspects of Mr Brown’s ability as a teacher were ./Prohibition_order_Mr_Nkosana_Brown_.pdf-satisfactory or even good and a Review Panel might conclude that he should be given ./prohibition_order_mr_olatunde_adeniyi_adeleye.pdf-Teacher: Mr Olatunde Adeniyi Adeleye ./prohibition_order_mr_olatunde_adeniyi_adeleye.pdf- ./prohibition_order_mr_olatunde_adeniyi_adeleye.pdf-Teacher Ref No: 0311339 ./prohibition_order_mr_olatunde_adeniyi_adeleye.pdf- ./prohibition_order_mr_olatunde_adeniyi_adeleye.pdf-Teacher Date of Birth: 17 March 1967 ./prohibition_order_mr_olatunde_adeniyi_adeleye.pdf- ./prohibition_order_mr_olatunde_adeniyi_adeleye.pdf-TA Case Ref No: 007281 ./prohibition_order_mr_olatunde_adeniyi_adeleye.pdf- ./prohibition_order_mr_olatunde_adeniyi_adeleye.pdf-Date of Determination: 21 September 2012 ./prohibition_order_mr_olatunde_adeniyi_adeleye.pdf- ./prohibition_order_mr_olatunde_adeniyi_adeleye.pdf:Former Employer: William Edwards School, Grays, Essex ./prohibition_order_mr_olatunde_adeniyi_adeleye.pdf- ./prohibition_order_mr_olatunde_adeniyi_adeleye.pdf- ./prohibition_order_mr_olatunde_adeniyi_adeleye.pdf-A. Introduction ./prohibition_order_mr_olatunde_adeniyi_adeleye.pdf- ./prohibition_order_mr_olatunde_adeniyi_adeleye.pdf-A Professional Conduct Panel (“the Panel”) of the Teaching Agency convened ./prohibition_order_mr_olatunde_adeniyi_adeleye.pdf-on 21 September 2012 at 53-55 Butts Road, Earlsdon Park, Coventry, CV1 ./prohibition_order_mr_olatunde_adeniyi_adeleye.pdf-3BH to consider the case of Mr Olatunde Adeniyi Adeleye. ./prohibition_order_mr_olatunde_adeniyi_adeleye.pdf- ./prohibition_order_mr_olatunde_adeniyi_adeleye.pdf-The Panel members were Mrs Fiona Tankard (Teacher Panellist in the Chair), ./prohibition_order_mr_olatunde_adeniyi_adeleye.pdf-Mr Michael Sanderson (Lay Panellist) and Mrs Janet Draper (Lay Member). -- ./prohibition_order_mr_olatunde_adeniyi_adeleye.pdf- ./prohibition_order_mr_olatunde_adeniyi_adeleye.pdf-The hearing took place in private and was recorded. ./prohibition_order_mr_olatunde_adeniyi_adeleye.pdf- ./prohibition_order_mr_olatunde_adeniyi_adeleye.pdf-B. Allegations ./prohibition_order_mr_olatunde_adeniyi_adeleye.pdf- ./prohibition_order_mr_olatunde_adeniyi_adeleye.pdf-The Panel considered the allegations set out in the Notice of Proceedings ./prohibition_order_mr_olatunde_adeniyi_adeleye.pdf-dated 16 July 2012. ./prohibition_order_mr_olatunde_adeniyi_adeleye.pdf- ./prohibition_order_mr_olatunde_adeniyi_adeleye.pdf-It was alleged that Mr Olatunde Adeniyi Adeleye was guilty of unacceptable ./prohibition_order_mr_olatunde_adeniyi_adeleye.pdf-professional conduct in that: whilst employed at William Edwards School and ./prohibition_order_mr_olatunde_adeniyi_adeleye.pdf:Sports College, Grays, Essex (“the school”), between 1 January 2003 and 15 ./prohibition_order_mr_olatunde_adeniyi_adeleye.pdf-December 2009, he; ./prohibition_order_mr_olatunde_adeniyi_adeleye.pdf- ./prohibition_order_mr_olatunde_adeniyi_adeleye.pdf- 1. failed to adequately respond to concerns raised Thurrock Council ( ./prohibition_order_mr_olatunde_adeniyi_adeleye.pdf- Children Education and Public Department); ./prohibition_order_mr_olatunde_adeniyi_adeleye.pdf- ./prohibition_order_mr_olatunde_adeniyi_adeleye.pdf- ./prohibition_order_mr_olatunde_adeniyi_adeleye.pdf- 1 ./prohibition_order_mr_olatunde_adeniyi_adeleye.pdf- ./prohibition_order_mr_paul_king_001.pdf- ./prohibition_order_mr_paul_king_001.pdf-B. Allegations ./prohibition_order_mr_paul_king_001.pdf- ./prohibition_order_mr_paul_king_001.pdf-The Panel considered the allegation set out in the notice of referral dated 6 October ./prohibition_order_mr_paul_king_001.pdf-2011. ./prohibition_order_mr_paul_king_001.pdf- ./prohibition_order_mr_paul_king_001.pdf-It was alleged that Mr King was guilty of unacceptable professional conduct in that ./prohibition_order_mr_paul_king_001.pdf-whilst employed at Coopers Technology College, Kent, between 1 September 2007 ./prohibition_order_mr_paul_king_001.pdf-and 18 May 2010, he; ./prohibition_order_mr_paul_king_001.pdf- ./prohibition_order_mr_paul_king_001.pdf:1. Posted inappropriate messages, including messages of a sexual nature, to ./prohibition_order_mr_paul_king_001.pdf- Student A via the social networking site Facebook; ./prohibition_order_mr_paul_king_001.pdf- ./prohibition_order_mr_paul_king_001.pdf-2. Asked Student A to keep his communications secret. ./prohibition_order_mr_paul_king_001.pdf- -- ./prohibition_order_mr_paul_king_001.pdf-Mr Paul King, date of birth 24 January 1977, was employed at Coopers Technology ./prohibition_order_mr_paul_king_001.pdf-College, Kent, from September 2007 until May 2010. On 9 April 2010, Student A ./prohibition_order_mr_paul_king_001.pdf-attended the school accompanied by her mother. The student had begun to feel ./prohibition_order_mr_paul_king_001.pdf-uncomfortable with the content of Facebook messages she had exchanged with Mr ./prohibition_order_mr_paul_king_001.pdf-King. Her mother provided the school with a transcript of the Facebook ./prohibition_order_mr_paul_king_001.pdf-conversations which had taken place between 31 March 2010 and 4 April 2010. ./prohibition_order_mr_paul_king_001.pdf-Those messages included on 1 April 2010, Mr King sending a message to Student A ./prohibition_order_mr_paul_king_001.pdf-requesting her to not tell others about their “chat” and “that good 2 know that u can ./prohibition_order_mr_paul_king_001.pdf-keep a secret 4 when we get together in a few years time!” In the course of the ./prohibition_order_mr_paul_king_001.pdf-following few days Mr King engaged in discussions with Student A as to whether she ./prohibition_order_mr_paul_king_001.pdf:was sexually active and he revealed details about his own sexual history. ./prohibition_order_mr_paul_king_001.pdf- ./prohibition_order_mr_paul_king_001.pdf- ./prohibition_order_mr_paul_king_001.pdf- ./prohibition_order_mr_paul_king_001.pdf- ./prohibition_order_mr_paul_king_001.pdf-The allegation we have considered is that: ./prohibition_order_mr_paul_king_001.pdf- -- ./prohibition_order_mr_paul_king_001.pdf- 3 ./prohibition_order_mr_paul_king_001.pdf- ./prohibition_order_mr_paul_king_001.pdf- ./prohibition_order_mr_paul_king_001.pdf-Mr King was guilty of unacceptable professional conduct in that whilst employed at ./prohibition_order_mr_paul_king_001.pdf-Coopers Technology College, Kent, between 1 September 2007 and 18 May 2010, ./prohibition_order_mr_paul_king_001.pdf-in that he ./prohibition_order_mr_paul_king_001.pdf: 1. Posted inappropriate messages, including messages of a sexual nature, ./prohibition_order_mr_paul_king_001.pdf- to Student A via the social networking site Facebook; ./prohibition_order_mr_paul_king_001.pdf- 2. Asked Student A to keep his communications secret. ./prohibition_order_mr_paul_king_001.pdf- ./prohibition_order_mr_paul_king_001.pdf-Findings of Fact ./prohibition_order_mr_paul_king_001.pdf- ./prohibition_order_mr_paul_king_001.pdf-Particular 1 ./prohibition_order_mr_paul_king_001.pdf- ./prohibition_order_mr_paul_king_001.pdf-We have considered the evidence carefully. We noted that Mr King has admitted the ./prohibition_order_mr_paul_king_001.pdf-facts of the particular. We have considered the Agreed Statement of Facts carefully ./prohibition_order_mr_paul_king_001.pdf-and have considered the transcripts of the messages. -- ./prohibition_order_mr_paul_king_001.pdf-of this particular proven. ./prohibition_order_mr_paul_king_001.pdf- ./prohibition_order_mr_paul_king_001.pdf-Findings as to Unacceptable Professional Conduct ./prohibition_order_mr_paul_king_001.pdf- ./prohibition_order_mr_paul_king_001.pdf-We have noted that Mr King accepts that his conduct amounts to unacceptable ./prohibition_order_mr_paul_king_001.pdf-professional conduct. ./prohibition_order_mr_paul_king_001.pdf- ./prohibition_order_mr_paul_king_001.pdf-Mr King’s actions have the potential to undermine public confidence in and the ./prohibition_order_mr_paul_king_001.pdf-standards expected of the Profession. Teachers have a responsibility to act in a ./prohibition_order_mr_paul_king_001.pdf-manner which ensures the maintenance of professional boundaries. Mr King's ./prohibition_order_mr_paul_king_001.pdf:actions in sending inappropriate messages and messages of a sexual nature to ./prohibition_order_mr_paul_king_001.pdf-Student A are fundamentally incompatible with such professional expectations. In ./prohibition_order_mr_paul_king_001.pdf-addition, his requests to the student asking her to keep such conversations secret, is ./prohibition_order_mr_paul_king_001.pdf-of significant concern. ./prohibition_order_mr_paul_king_001.pdf- ./prohibition_order_mr_paul_king_001.pdf-Teachers are placed in a position of responsibility and trust with children, and we are ./prohibition_order_mr_paul_king_001.pdf-concerned that Mr King has acted in a manner which abused that position of trust. ./prohibition_order_mr_paul_king_001.pdf-His actions show that he has not acted in a manner which ensures the wellbeing of ./prohibition_order_mr_paul_king_001.pdf-children and young people under his supervision. ./prohibition_order_mr_paul_king_001.pdf- ./prohibition_order_mr_paul_king_001.pdf-On the basis of the facts we have found proven, we find that Mr King’s conduct -- ./prohibition_order_mr_paul_king_001.pdf-King has accepted that his conduct was unacceptable both personally and ./prohibition_order_mr_paul_king_001.pdf-professionally. We have considered all of his representations. We noted the ./prohibition_order_mr_paul_king_001.pdf-testimonials which Mr King has presented. We noted that he has accepted the ./prohibition_order_mr_paul_king_001.pdf-allegation and that his actions amount to unacceptable professional conduct. We ./prohibition_order_mr_paul_king_001.pdf-have considered the mitigation which has been presented on Mr King’s behalf by the ./prohibition_order_mr_paul_king_001.pdf-NUT. ./prohibition_order_mr_paul_king_001.pdf- ./prohibition_order_mr_paul_king_001.pdf-We have considered whether to conclude this case without imposing a sanction but ./prohibition_order_mr_paul_king_001.pdf-we have decided that the issues raised are so serious that a sanction is necessary ./prohibition_order_mr_paul_king_001.pdf-and appropriate. He was engaged across a period of 5 days through Easter in 2010 ./prohibition_order_mr_paul_king_001.pdf:in posting inappropriate and sometimes sexualised messages via Facebook to ./prohibition_order_mr_paul_king_001.pdf-Student A. He also asked the student to keep communications secret. This suggests ./prohibition_order_mr_paul_king_001.pdf-that Mr King was aware of the inappropriateness of his actions and sought to ./prohibition_order_mr_paul_king_001.pdf-conceal them. ./prohibition_order_mr_paul_king_001.pdf- ./prohibition_order_mr_paul_king_001.pdf-Not only did Mr King behave in a way which was inappropriate, we are of the view ./prohibition_order_mr_paul_king_001.pdf-that his actions were a fundamental departure from the expected professional ./prohibition_order_mr_paul_king_001.pdf-conduct standards. He was in a position of trust which, we are satisfied, he abused. ./prohibition_order_mr_paul_king_001.pdf-Mr King was an experienced Teacher. We are of the view that his behaviour has the ./prohibition_order_mr_paul_king_001.pdf-potential to undermine the reputation of the Profession and to damage public ./prohibition_order_mr_paul_king_001.pdf-confidence and the standards expected of Teachers. ./Prohibition_Order_Mr_Paul_Nutley.pdf- looking for similarities. ./Prohibition_Order_Mr_Paul_Nutley.pdf- ./Prohibition_Order_Mr_Paul_Nutley.pdf- She would expect some similarities in pupils’ response answers if they were ./Prohibition_Order_Mr_Paul_Nutley.pdf- taught by the same Teacher but not as similar as these papers. ./Prohibition_Order_Mr_Paul_Nutley.pdf- ./Prohibition_Order_Mr_Paul_Nutley.pdf- Ten out of fourteen pupils spelt the word “herd” incorrectly. ./Prohibition_Order_Mr_Paul_Nutley.pdf- ./Prohibition_Order_Mr_Paul_Nutley.pdf- As a result of Mr Nutley’s conduct the School withdrew all of his assessments ./Prohibition_Order_Mr_Paul_Nutley.pdf- from the Exam Board. ./Prohibition_Order_Mr_Paul_Nutley.pdf- ./Prohibition_Order_Mr_Paul_Nutley.pdf: There seemed to be evidence of him making inappropriate and sexual ./Prohibition_Order_Mr_Paul_Nutley.pdf- references to pupils. ./Prohibition_Order_Mr_Paul_Nutley.pdf- ./Prohibition_Order_Mr_Paul_Nutley.pdf- Some of his comments would have gone over their heads but other pupils ./Prohibition_Order_Mr_Paul_Nutley.pdf- were street-wise and would have understood. ./Prohibition_Order_Mr_Paul_Nutley.pdf- ./Prohibition_Order_Mr_Paul_Nutley.pdf- Mr Nutley admitted that he had spoken to a member of staff inappropriately – ./Prohibition_Order_Mr_Paul_Nutley.pdf- he said he was stressed and he had apologised. ./Prohibition_Order_Mr_Paul_Nutley.pdf- -- ./Prohibition_Order_Mr_Paul_Nutley.pdf- He categorically denied using that word. ./Prohibition_Order_Mr_Paul_Nutley.pdf- ./Prohibition_Order_Mr_Paul_Nutley.pdf- He didn’t remember using the word “scum”. It was not right he’d used the ./Prohibition_Order_Mr_Paul_Nutley.pdf- expression “scum of the earth” – “scum” was really insulting. ./Prohibition_Order_Mr_Paul_Nutley.pdf- ./Prohibition_Order_Mr_Paul_Nutley.pdf- He had called Pupil J a “bully” – Pupil J was tough. ./Prohibition_Order_Mr_Paul_Nutley.pdf- ./Prohibition_Order_Mr_Paul_Nutley.pdf- He may possibly have used the word “thug” and he may possibly have said to ./Prohibition_Order_Mr_Paul_Nutley.pdf- Pupil J “you repulse me”. ./Prohibition_Order_Mr_Paul_Nutley.pdf- ./Prohibition_Order_Mr_Paul_Nutley.pdf: He categorically denied saying anything about cowboys having sex. ./Prohibition_Order_Mr_Paul_Nutley.pdf- ./Prohibition_Order_Mr_Paul_Nutley.pdf- All the witnesses to these expressions were women. ./Prohibition_Order_Mr_Paul_Nutley.pdf- -- ./Prohibition_Order_Mr_Paul_Nutley.pdf-3. Behaved and spoke in an inappropriate and unprofessional manner to pupils: ./Prohibition_Order_Mr_Paul_Nutley.pdf- ./Prohibition_Order_Mr_Paul_Nutley.pdf- We have already made clear our overall view of the evidence. In summary ./Prohibition_Order_Mr_Paul_Nutley.pdf- we reject the claim that the written evidence of witnesses should be ./Prohibition_Order_Mr_Paul_Nutley.pdf- disregarded. There are no reasons which lead us to believe the accounts ./Prohibition_Order_Mr_Paul_Nutley.pdf- given therein are not genuine and not reliable. We find no evidence which ./Prohibition_Order_Mr_Paul_Nutley.pdf- suggests collusion or any other questionable motive behind the accounts ./Prohibition_Order_Mr_Paul_Nutley.pdf- those witnesses have provided. ./Prohibition_Order_Mr_Paul_Nutley.pdf- ./Prohibition_Order_Mr_Paul_Nutley.pdf- There are numerous instances described by witnesses in the case papers of ./Prohibition_Order_Mr_Paul_Nutley.pdf: Mr Nutley using inappropriate, sexual and abusive comments towards pupils ./Prohibition_Order_Mr_Paul_Nutley.pdf- and behaving in an intemperate way in class. We saw a hint of that sort of ./Prohibition_Order_Mr_Paul_Nutley.pdf- conduct when he gave his evidence on the first day of the hearing and told the ./Prohibition_Order_Mr_Paul_Nutley.pdf- Presenting Officer to “behave”. ./Prohibition_Order_Mr_Paul_Nutley.pdf- ./Prohibition_Order_Mr_Paul_Nutley.pdf- Some of the written accounts given by the witnesses are very specific in detail ./Prohibition_Order_Mr_Paul_Nutley.pdf- – e.g. the alleged use of words like “necrophilia” and “scum of the earth”. We ./Prohibition_Order_Mr_Paul_Nutley.pdf- ./prohibition_order_mr_philip_barnwell.pdf-Our factual findings taken together provide an abundance of evidence to establish that ./prohibition_order_mr_philip_barnwell.pdf-Mr Barnwell had a relationship with Pupil A, one of his school pupils, which was totally ./prohibition_order_mr_philip_barnwell.pdf:inappropriate and involved sexual activity. It matters not whether Pupil A appeared to be ./prohibition_order_mr_philip_barnwell.pdf-a willing participant in that relationship. It was inappropriate because of the teacher/pupil ./prohibition_order_mr_philip_barnwell.pdf-relationship. The relationship subsisted for several months both before and after 31 ./prohibition_order_mr_philip_barnwell.pdf-August 2008 when Pupil B left Woodside High School. ./prohibition_order_mr_philip_barnwell.pdf- ./prohibition_order_mr_philip_barnwell.pdf-Findings as to Unacceptable Professional Conduct and/or ./prohibition_order_mr_philip_barnwell.pdf-Conduct that may bring the profession into disrepute and/or ./prohibition_order_mr_philip_barnwell.pdf-conviction of a relevant offence ./prohibition_order_mr_philip_barnwell.pdf-In our judgement this is a case of both Unacceptable Professional Conduct and Conduct ./prohibition_order_mr_philip_barnwell.pdf-that may bring the Profession into Disrepute. We are satisfied that Mr Barnwell’s ./prohibition_order_mr_philip_barnwell.pdf-misconduct was of a serious nature and fell significantly short of the standard expected of ./prohibition_order_mr_philip_barnwell.pdf-a teacher. It occurred both within the school and in various places in and around London ./prohibition_order_mr_philip_barnwell.pdf-and elsewhere. ./prohibition_order_mr_philip_barnwell.pdf- ./prohibition_order_mr_philip_barnwell.pdf-Our factual findings establish not only that Mr Barnwell’s relationship with Pupil A was ./prohibition_order_mr_philip_barnwell.pdf:inappropriate but also that he engaged in sexual activity with her once she had reached ./prohibition_order_mr_philip_barnwell.pdf-her sixteenth birthday when she was still a pupil at the school where he was a senior ./prohibition_order_mr_philip_barnwell.pdf-member of staff . We judge his behaviour towards a young , dependent and vulnerable ./prohibition_order_mr_philip_barnwell.pdf-pupil to be very grave and noted in the evidence from the Headteacher that Pupil A came ./prohibition_order_mr_philip_barnwell.pdf-from a broken home and apparently had very little contact with her natural mother and ./prohibition_order_mr_philip_barnwell.pdf-none with her father. In those circumstances the imperative on Mr Barnwell to observe ./prohibition_order_mr_philip_barnwell.pdf-the professional boundaries that should attend the teacher/pupil relationship was ./prohibition_order_mr_philip_barnwell.pdf-particularly acute. His behaviour was totally unacceptable. ./prohibition_order_mr_philip_barnwell.pdf- ./prohibition_order_mr_philip_barnwell.pdf-He has fallen very far short of the ideals set out in the Teachers Standards in relation to ./prohibition_order_mr_philip_barnwell.pdf-his personal and professional conduct specifically in his duty to uphold public trust in the -- ./prohibition_order_mr_philip_barnwell.pdf--the protection of pupils and other members of the public ./prohibition_order_mr_philip_barnwell.pdf- ./prohibition_order_mr_philip_barnwell.pdf--the maintenance of public confidence in the profession ./prohibition_order_mr_philip_barnwell.pdf- ./prohibition_order_mr_philip_barnwell.pdf--declaring and upholding proper standards of conduct. ./prohibition_order_mr_philip_barnwell.pdf- ./prohibition_order_mr_philip_barnwell.pdf-We consider that all three principles are engaged by Mr Barnwell’s conduct in this ./prohibition_order_mr_philip_barnwell.pdf-case. It is very clear that his behaviour represents a serious departure from the ./prohibition_order_mr_philip_barnwell.pdf-personal and professional conduct elements of the teachers’ standards. He abused ./prohibition_order_mr_philip_barnwell.pdf-the position of trust that he held by virtue of his professional position and, very ./prohibition_order_mr_philip_barnwell.pdf:seriously, engaged in sexual activity with Pupil A. We are satisfied that his actions ./prohibition_order_mr_philip_barnwell.pdf-were deliberate and in some instances, namely the night spent at a hotel with Pupil ./prohibition_order_mr_philip_barnwell.pdf-A around her sixteenth birthday and the visit to Brighton, were carefully planned. ./prohibition_order_mr_philip_barnwell.pdf- ./prohibition_order_mr_philip_barnwell.pdf-We believe that his attitude and response to this disciplinary case indicates a lack ./prohibition_order_mr_philip_barnwell.pdf-of acknowledgement of the seriousness of his behaviour, the damage caused to ./prohibition_order_mr_philip_barnwell.pdf-the collective reputation of the profession and undermines public confidence in ./prohibition_order_mr_philip_barnwell.pdf-the profession. ./prohibition_order_mr_philip_barnwell.pdf- ./prohibition_order_mr_philip_barnwell.pdf-We recognise from the evidence of the Headteacher that Mr Barnwell was regarded ./prohibition_order_mr_philip_barnwell.pdf-as a good teacher until the events disclosed by this case were known and there is -- ./prohibition_order_mr_philip_barnwell.pdf-This is a very clear case of unacceptable professional conduct and conduct that ./prohibition_order_mr_philip_barnwell.pdf-may bring the profession into disrepute. ./prohibition_order_mr_philip_barnwell.pdf- ./prohibition_order_mr_philip_barnwell.pdf-I have given careful thought to the purpose of a prohibition order and to the need ./prohibition_order_mr_philip_barnwell.pdf-to balance the interests of the teacher with the public interest and the wider ./prohibition_order_mr_philip_barnwell.pdf-interest of the profession. ./prohibition_order_mr_philip_barnwell.pdf- ./prohibition_order_mr_philip_barnwell.pdf-It is clear to me that in this case there is a clear need to take action. It is very clear ./prohibition_order_mr_philip_barnwell.pdf-to me that Mr Barnwell’s conduct falls significantly short of that expected of a ./prohibition_order_mr_philip_barnwell.pdf-teacher and set out clearly in the relevant standards. Mr Barnwell abused the ./prohibition_order_mr_philip_barnwell.pdf:position of trust that he held, and, he engaged in sexual activity with Pupil A. This ./prohibition_order_mr_philip_barnwell.pdf-is very serious misconduct. I am satisfied that Mr Barnwell’s actions were both ./prohibition_order_mr_philip_barnwell.pdf-deliberate and at times carefully planned. ./prohibition_order_mr_philip_barnwell.pdf- ./prohibition_order_mr_philip_barnwell.pdf-It is clear from the panel’s recommendation that his attitude and response to this ./prohibition_order_mr_philip_barnwell.pdf-disciplinary case shows a lack of acknowledgement of the seriousness of his ./prohibition_order_mr_philip_barnwell.pdf-behaviour, the damage caused to the collective reputation of the profession and ./prohibition_order_mr_philip_barnwell.pdf-the way that it undermines public confidence in the profession. ./prohibition_order_mr_philip_barnwell.pdf- ./prohibition_order_mr_philip_barnwell.pdf-I have taken into account the fact that Mr Barnwell was regarded as a good teacher ./prohibition_order_mr_philip_barnwell.pdf-until the matters set out here were known about and I have taken into account that ./prohibition_order_mr_rajpal_bhakerd.pdf- 2 ./prohibition_order_mr_rajpal_bhakerd.pdf- ./prohibition_order_mr_rajpal_bhakerd.pdf- ./prohibition_order_mr_rajpal_bhakerd.pdf-a. On more than one occasion invited Pupil A to his house and/or his brother’s ./prohibition_order_mr_rajpal_bhakerd.pdf- house; ./prohibition_order_mr_rajpal_bhakerd.pdf- ./prohibition_order_mr_rajpal_bhakerd.pdf-b. On more than one occasion he met with Pupil A in a public house; ./prohibition_order_mr_rajpal_bhakerd.pdf- ./prohibition_order_mr_rajpal_bhakerd.pdf:c. On more than one occasion he had sexual intercourse with Pupil A. ./prohibition_order_mr_rajpal_bhakerd.pdf- ./prohibition_order_mr_rajpal_bhakerd.pdf-Mr Bhakerd admitted Particular 1a. He denied Particulars 1b and 1c. ./prohibition_order_mr_rajpal_bhakerd.pdf- ./prohibition_order_mr_rajpal_bhakerd.pdf-C. Summary of Evidence ./prohibition_order_mr_rajpal_bhakerd.pdf- ./prohibition_order_mr_rajpal_bhakerd.pdf-Documents ./prohibition_order_mr_rajpal_bhakerd.pdf- ./prohibition_order_mr_rajpal_bhakerd.pdf-In advance of the hearing the Panel received a bundle of documents which ./prohibition_order_mr_rajpal_bhakerd.pdf-included:- ./prohibition_order_mr_rajpal_bhakerd.pdf- -- ./prohibition_order_mr_rajpal_bhakerd.pdf- Her attendance record at School A and the fact that she did not attend for over ./prohibition_order_mr_rajpal_bhakerd.pdf- twelve months in 2001 to 2002. ./prohibition_order_mr_rajpal_bhakerd.pdf- ./prohibition_order_mr_rajpal_bhakerd.pdf- Meeting Mr Bhakerd again at a School Graduation Evening in May 2002. ./prohibition_order_mr_rajpal_bhakerd.pdf- ./prohibition_order_mr_rajpal_bhakerd.pdf- Providing Mr Bhakerd with her mobile telephone number. ./prohibition_order_mr_rajpal_bhakerd.pdf- ./prohibition_order_mr_rajpal_bhakerd.pdf- Meeting with Mr Bhakerd in May 2002 at a Public house. ./prohibition_order_mr_rajpal_bhakerd.pdf- ./prohibition_order_mr_rajpal_bhakerd.pdf- Incidents of physical intimacy with Mr Bhakerd in a field and on another ./prohibition_order_mr_rajpal_bhakerd.pdf: occasion when sexual intercourse took place at his home when she was aged ./prohibition_order_mr_rajpal_bhakerd.pdf- 16. ./prohibition_order_mr_rajpal_bhakerd.pdf- ./prohibition_order_mr_rajpal_bhakerd.pdf-Witness A gave evidence on oath by telephone and adopted her witness ./prohibition_order_mr_rajpal_bhakerd.pdf-statement at pp 17 – 26. She dealt with:- ./prohibition_order_mr_rajpal_bhakerd.pdf- ./prohibition_order_mr_rajpal_bhakerd.pdf- Her position as the Head Teacher at School A. ./prohibition_order_mr_rajpal_bhakerd.pdf- ./prohibition_order_mr_rajpal_bhakerd.pdf- Mr Bhakerd’s position as a member of the teaching staff in the Science ./prohibition_order_mr_rajpal_bhakerd.pdf- Department in the year 2000. ./prohibition_order_mr_rajpal_bhakerd.pdf- -- ./prohibition_order_mr_rajpal_bhakerd.pdf- 4 ./prohibition_order_mr_rajpal_bhakerd.pdf- ./prohibition_order_mr_rajpal_bhakerd.pdf- ./prohibition_order_mr_rajpal_bhakerd.pdf- Further admissions that he subsequently met Pupil A on another occasion ./prohibition_order_mr_rajpal_bhakerd.pdf- near to the Queens Head public house and then they walked together to his ./prohibition_order_mr_rajpal_bhakerd.pdf- house where they went inside and Pupil A used the bathroom and he offered ./prohibition_order_mr_rajpal_bhakerd.pdf- her a coffee. ./prohibition_order_mr_rajpal_bhakerd.pdf- ./prohibition_order_mr_rajpal_bhakerd.pdf- Later conversations with her Deputy Head Teacher and a Social Worker when ./prohibition_order_mr_rajpal_bhakerd.pdf: it was suggested that a sexual relationship had begun between Pupil A and ./prohibition_order_mr_rajpal_bhakerd.pdf- Mr Bhakerd. ./prohibition_order_mr_rajpal_bhakerd.pdf- ./prohibition_order_mr_rajpal_bhakerd.pdf- Her conclusion that Mr Bhakerd had placed himself in a very compromising ./prohibition_order_mr_rajpal_bhakerd.pdf- position and abused his position of trust as a Teacher. ./prohibition_order_mr_rajpal_bhakerd.pdf- ./prohibition_order_mr_rajpal_bhakerd.pdf- A disciplinary hearing scheduled for 18 October 2002 which did not proceed ./prohibition_order_mr_rajpal_bhakerd.pdf- because Mr Bhakerd tendered his letter of resignation. ./prohibition_order_mr_rajpal_bhakerd.pdf- ./prohibition_order_mr_rajpal_bhakerd.pdf-At the close of the Teaching Agency’s case an application was made by the ./prohibition_order_mr_rajpal_bhakerd.pdf-Presenting Officer to amend Particular 1c of the allegation by deleting the words: ./prohibition_order_mr_rajpal_bhakerd.pdf:“more than” so that the particular would read: “On one occasion you had sexual ./prohibition_order_mr_rajpal_bhakerd.pdf-intercourse with Pupil A”. ./prohibition_order_mr_rajpal_bhakerd.pdf- ./prohibition_order_mr_rajpal_bhakerd.pdf-She took the Panel through the evidence given by the Teaching Agency’s witnesses ./prohibition_order_mr_rajpal_bhakerd.pdf:and in particular Pupil A as to occasions when sexual intercourse had allegedly ./prohibition_order_mr_rajpal_bhakerd.pdf-taken place during 2002. ./prohibition_order_mr_rajpal_bhakerd.pdf- ./prohibition_order_mr_rajpal_bhakerd.pdf-She submitted that it would be in the interests of justice to allow the amendment but ./prohibition_order_mr_rajpal_bhakerd.pdf-the Panel should consider the extent of any prejudice to the teacher by allowing the ./prohibition_order_mr_rajpal_bhakerd.pdf-application. In that regard the amendment sought represented a reduction rather ./prohibition_order_mr_rajpal_bhakerd.pdf-than an expansion of the allegation. She submitted that such an amendment was ./prohibition_order_mr_rajpal_bhakerd.pdf-both in the public interest, in the interests of justice and required because this was ./prohibition_order_mr_rajpal_bhakerd.pdf-such a serious allegation. ./prohibition_order_mr_rajpal_bhakerd.pdf- ./prohibition_order_mr_rajpal_bhakerd.pdf-On behalf of the teacher Mr Harris submitted that the allegation and particulars had -- ./prohibition_order_mr_rajpal_bhakerd.pdf- ./prohibition_order_mr_rajpal_bhakerd.pdf- ./prohibition_order_mr_rajpal_bhakerd.pdf-The Panel retired to consider the application and made the following ./prohibition_order_mr_rajpal_bhakerd.pdf-announcement:- ./prohibition_order_mr_rajpal_bhakerd.pdf- ./prohibition_order_mr_rajpal_bhakerd.pdf-“We are asked by the Presenting Officer to permit an amendment to Particular 1c of ./prohibition_order_mr_rajpal_bhakerd.pdf-the allegation faced by Mr Bhakerd as set out in the Notice of proceedings dated 10 ./prohibition_order_mr_rajpal_bhakerd.pdf-September 2012. ./prohibition_order_mr_rajpal_bhakerd.pdf- ./prohibition_order_mr_rajpal_bhakerd.pdf-The amendment requested is to delete the words “more than” so that particular 1c ./prohibition_order_mr_rajpal_bhakerd.pdf:would read “On one occasion you had sexual intercourse with Pupil A.” It is common ./prohibition_order_mr_rajpal_bhakerd.pdf:ground that sexual intercourse in this context means penetration of a man’s penis ./prohibition_order_mr_rajpal_bhakerd.pdf-into a woman’s vagina. The application is made because of the evidence given to ./prohibition_order_mr_rajpal_bhakerd.pdf:the panel by Pupil A as to the number of occasions on which she alleges that sexual ./prohibition_order_mr_rajpal_bhakerd.pdf-intercourse with Mr Bhakerd occurred. Ms Lister submits that the amendment should ./prohibition_order_mr_rajpal_bhakerd.pdf-be allowed in the interests of justice and that it represents a reduction rather than an ./prohibition_order_mr_rajpal_bhakerd.pdf-expansion of the case faced by the teacher. She invites the Panel to consider the ./prohibition_order_mr_rajpal_bhakerd.pdf-extent of any prejudice to Mr Bhakerd and asserts that the amendment should be ./prohibition_order_mr_rajpal_bhakerd.pdf-made in the public interest, in the interests of justice and because this is “such a ./prohibition_order_mr_rajpal_bhakerd.pdf-serious allegation”. ./prohibition_order_mr_rajpal_bhakerd.pdf- -- ./prohibition_order_mr_rajpal_bhakerd.pdf-Mr Rajpal Bhakerd gave evidence on oath in accordance with his witness statement ./prohibition_order_mr_rajpal_bhakerd.pdf-(Pages 155 to 161). He dealt with:- ./prohibition_order_mr_rajpal_bhakerd.pdf- ./prohibition_order_mr_rajpal_bhakerd.pdf- His realisation, in hindsight, that he should not have met Pupil A in a public ./prohibition_order_mr_rajpal_bhakerd.pdf- house in 2002 – he had wanted clarification in his head as to why she had ./prohibition_order_mr_rajpal_bhakerd.pdf- made allegations against him. ./prohibition_order_mr_rajpal_bhakerd.pdf- ./prohibition_order_mr_rajpal_bhakerd.pdf- His wish that he had done things differently but he just tried to be a caring ./prohibition_order_mr_rajpal_bhakerd.pdf- Tutor and member of staff. ./prohibition_order_mr_rajpal_bhakerd.pdf- ./prohibition_order_mr_rajpal_bhakerd.pdf: His denial of engaging in sexual intercourse with Pupil A on 8 June 2002 or ./prohibition_order_mr_rajpal_bhakerd.pdf- any other date. ./prohibition_order_mr_rajpal_bhakerd.pdf- ./prohibition_order_mr_rajpal_bhakerd.pdf- That when Pupil A had come to his house they had just talked. ./prohibition_order_mr_rajpal_bhakerd.pdf- ./prohibition_order_mr_rajpal_bhakerd.pdf- That he did not have a relationship with Pupil A. ./prohibition_order_mr_rajpal_bhakerd.pdf- ./prohibition_order_mr_rajpal_bhakerd.pdf- His shock at seeing her at the Graduation Evening. ./prohibition_order_mr_rajpal_bhakerd.pdf- ./prohibition_order_mr_rajpal_bhakerd.pdf- His awareness of Pupil A’s problems at home. ./prohibition_order_mr_rajpal_bhakerd.pdf- -- ./prohibition_order_mr_rajpal_bhakerd.pdf- 8 ./prohibition_order_mr_rajpal_bhakerd.pdf- ./prohibition_order_mr_rajpal_bhakerd.pdf- ./prohibition_order_mr_rajpal_bhakerd.pdf:result in disciplinary action”. At that stage no specific allegation of sexual conduct ./prohibition_order_mr_rajpal_bhakerd.pdf-was made against the Teacher. ./prohibition_order_mr_rajpal_bhakerd.pdf- ./prohibition_order_mr_rajpal_bhakerd.pdf-It is said that Pupil A did not attend School at all during the academic year from ./prohibition_order_mr_rajpal_bhakerd.pdf-September 2001 to May 2002. ./prohibition_order_mr_rajpal_bhakerd.pdf- ./prohibition_order_mr_rajpal_bhakerd.pdf-In May 2002 she attended the School’s Year 11 Graduation Ceremony and there ./prohibition_order_mr_rajpal_bhakerd.pdf-saw Mr Bhakerd. It is alleged that Mr Bhakerd asked for her mobile telephone ./prohibition_order_mr_rajpal_bhakerd.pdf-number and that he contacted her and they arranged to meet. Pupil A alleges that ./prohibition_order_mr_rajpal_bhakerd.pdf-on 30 May 2002 they went to a field near to a park where they attempted to have ./prohibition_order_mr_rajpal_bhakerd.pdf:penetrative sex. At this time she had just turned 16 years old. She further alleges a ./prohibition_order_mr_rajpal_bhakerd.pdf-meeting on 8 June 2002 when they later went together to Mr Bhakerd’s house and ./prohibition_order_mr_rajpal_bhakerd.pdf:penetrative sex took place which was consensual. ./prohibition_order_mr_rajpal_bhakerd.pdf- ./prohibition_order_mr_rajpal_bhakerd.pdf:Mr Bhakerd denies that he engaged in any sexual activity with Pupil A but admits ./prohibition_order_mr_rajpal_bhakerd.pdf-that on occasions he took Pupil A to his brother’s house and also to his own house. ./prohibition_order_mr_rajpal_bhakerd.pdf-He accepts that in his relationship with Pupil A he made some serious errors of ./prohibition_order_mr_rajpal_bhakerd.pdf:judgement but denies absolutely that he had a sexual relationship with her at all. He ./prohibition_order_mr_rajpal_bhakerd.pdf-says that he was primarily concerned about her attendance at School, her under ./prohibition_order_mr_rajpal_bhakerd.pdf-achievement and her general welfare. ./prohibition_order_mr_rajpal_bhakerd.pdf- ./prohibition_order_mr_rajpal_bhakerd.pdf-Findings of fact ./prohibition_order_mr_rajpal_bhakerd.pdf- ./prohibition_order_mr_rajpal_bhakerd.pdf-Our findings of fact are as follows:- ./prohibition_order_mr_rajpal_bhakerd.pdf- ./prohibition_order_mr_rajpal_bhakerd.pdf-We have found the following particulars of the allegations against you proven, for ./prohibition_order_mr_rajpal_bhakerd.pdf-these reasons:- ./prohibition_order_mr_rajpal_bhakerd.pdf- -- ./prohibition_order_mr_rajpal_bhakerd.pdf- 9 ./prohibition_order_mr_rajpal_bhakerd.pdf- ./prohibition_order_mr_rajpal_bhakerd.pdf- ./prohibition_order_mr_rajpal_bhakerd.pdf:c. On more than one occasion you had sexual intercourse with Pupil A. ./prohibition_order_mr_rajpal_bhakerd.pdf- ./prohibition_order_mr_rajpal_bhakerd.pdf-We should indicate initially that we found Pupil A to be a broadly credible witness ./prohibition_order_mr_rajpal_bhakerd.pdf-and preferred her evidence to that given by yourself. We accept the main thrust of ./prohibition_order_mr_rajpal_bhakerd.pdf:her evidence and thus are satisfied that there was sexual contact between you and ./prohibition_order_mr_rajpal_bhakerd.pdf-Pupil A. Nonetheless we do not feel able to rely on everything we heard from Pupil A ./prohibition_order_mr_rajpal_bhakerd.pdf-or have read in her diaries. Having so indicated we are satisfied that the diary ./prohibition_order_mr_rajpal_bhakerd.pdf-extracts are authentic and were written by Pupil A. ./prohibition_order_mr_rajpal_bhakerd.pdf- ./prohibition_order_mr_rajpal_bhakerd.pdf-This particular is very specific and requires us to conclude that you and Pupil A ./prohibition_order_mr_rajpal_bhakerd.pdf:engaged in sexual intercourse which we accept must mean penetrative sex on more ./prohibition_order_mr_rajpal_bhakerd.pdf-than one occasion. ./prohibition_order_mr_rajpal_bhakerd.pdf- ./prohibition_order_mr_rajpal_bhakerd.pdf-We have very carefully considered the evidence given by Pupil A in relation to the ./prohibition_order_mr_rajpal_bhakerd.pdf:incident of sexual contact in a field near to the park on 30 May 2002 described at ./prohibition_order_mr_rajpal_bhakerd.pdf-paragraph 25 of Pupil A’s statement. In the statement she says that “we attempted to ./prohibition_order_mr_rajpal_bhakerd.pdf:have penetrative sex but he had some performance anxiety.” ./prohibition_order_mr_rajpal_bhakerd.pdf- ./prohibition_order_mr_rajpal_bhakerd.pdf:In her evidence on oath to the hearing Pupil A said sexual intercourse “didn’t ./prohibition_order_mr_rajpal_bhakerd.pdf-transpire.” And “we tried but I don’t think he could get an erection from what I can ./prohibition_order_mr_rajpal_bhakerd.pdf-remember.” We are therefore not satisfied that this was an occasion on which ./prohibition_order_mr_rajpal_bhakerd.pdf:penetrative sex took place. ./prohibition_order_mr_rajpal_bhakerd.pdf- ./prohibition_order_mr_rajpal_bhakerd.pdf:In relation to the sexual activity alleged by Pupil A on 8 June 2002 she says in her ./prohibition_order_mr_rajpal_bhakerd.pdf:witness statement at paragraph 26 we “went to his house and penetrative sex took ./prohibition_order_mr_rajpal_bhakerd.pdf-place. This was consensual.” ./prohibition_order_mr_rajpal_bhakerd.pdf- ./prohibition_order_mr_rajpal_bhakerd.pdf-This account was confirmed by Pupil A in her evidence to the hearing. You denied ./prohibition_order_mr_rajpal_bhakerd.pdf:that sexual contact of any sort took place. ./prohibition_order_mr_rajpal_bhakerd.pdf- ./prohibition_order_mr_rajpal_bhakerd.pdf:The particular we are required to determine is that sexual intercourse occurred on ./prohibition_order_mr_rajpal_bhakerd.pdf-more than one occasion. We note that in her diary (p 88) Pupil A on 8 June ./prohibition_order_mr_rajpal_bhakerd.pdf-describes “4 shags tonight/today. It was two people Raj 3”. We have considered ./prohibition_order_mr_rajpal_bhakerd.pdf:therefore whether that note indicates sexual intercourse occurred with you on “more ./prohibition_order_mr_rajpal_bhakerd.pdf:than one occasion”. We accept that the word “shag” connotes an act of sexual ./prohibition_order_mr_rajpal_bhakerd.pdf-intercourse. ./prohibition_order_mr_rajpal_bhakerd.pdf- ./prohibition_order_mr_rajpal_bhakerd.pdf-In Pupil A’s evidence on oath she told the hearing that she remembered the one ./prohibition_order_mr_rajpal_bhakerd.pdf-occasion in your house. Under cross examination she went on to explain that she ./prohibition_order_mr_rajpal_bhakerd.pdf:could not be sure how she would have defined three acts of sexual intercourse ./prohibition_order_mr_rajpal_bhakerd.pdf:based on her understanding of sex at that time (when she would have been 16). It ./prohibition_order_mr_rajpal_bhakerd.pdf-could have been based on the number of times she climaxed or the number of times ./prohibition_order_mr_rajpal_bhakerd.pdf:you climaxed. She also confirmed that there had been no other instances of sexual ./prohibition_order_mr_rajpal_bhakerd.pdf-intercourse occurring. ./prohibition_order_mr_rajpal_bhakerd.pdf- ./prohibition_order_mr_rajpal_bhakerd.pdf-Given Pupil A’s own uncertainty of how she arrived at the description of 3 “shags” we ./prohibition_order_mr_rajpal_bhakerd.pdf:are unable to conclude that there was probably more than one act of sexual ./prohibition_order_mr_rajpal_bhakerd.pdf-intercourse and therefore this particular is not proved. ./prohibition_order_mr_rajpal_bhakerd.pdf- -- ./prohibition_order_mr_rajpal_bhakerd.pdf-over 10 years ago. Prior to these incidents he had been a teacher for 5 years. We ./prohibition_order_mr_rajpal_bhakerd.pdf-are told that no complaint or allegation of any similar conduct has been made against ./prohibition_order_mr_rajpal_bhakerd.pdf-Mr Bhakerd since these events happened. He tells us that he has moved on and is ./prohibition_order_mr_rajpal_bhakerd.pdf-happily married with three young children. ./prohibition_order_mr_rajpal_bhakerd.pdf-The report of the Lucy Faithfull Foundation concludes that: - “The balance of the ./prohibition_order_mr_rajpal_bhakerd.pdf-available information would certainly suggest that any inappropriate behaviour with ./prohibition_order_mr_rajpal_bhakerd.pdf-Pupil A sits apart from the rest of Mr Bhakerd’s record. There is no evidence of a ./prohibition_order_mr_rajpal_bhakerd.pdf-pattern of problematic behaviour and no suggestion that his dealings with other ./prohibition_order_mr_rajpal_bhakerd.pdf-pupils attracted concerns or feedback, despite his subsequent employers being ./prohibition_order_mr_rajpal_bhakerd.pdf-aware of his problems at school A. On the balance of available evidence I do not ./prohibition_order_mr_rajpal_bhakerd.pdf:consider Mr Bhakerd to represent a risk of sexual or emotional harm to children.” ./prohibition_order_mr_rajpal_bhakerd.pdf-However the facts that we have found proved lead us to conclude that our duty to the ./prohibition_order_mr_rajpal_bhakerd.pdf-public requires that a Prohibition Order should be imposed not least to maintain ./prohibition_order_mr_rajpal_bhakerd.pdf-public confidence in the profession and to uphold proper standards of conduct. ./prohibition_order_mr_rajpal_bhakerd.pdf- -- ./prohibition_order_mr_rajpal_bhakerd.pdf-On the basis of these two findings alone, I am satisfied that Mr Bhakerd’s ./prohibition_order_mr_rajpal_bhakerd.pdf-misconduct with a very vulnerable pupil is so serious that it falls within the guidance ./prohibition_order_mr_rajpal_bhakerd.pdf-for a prohibition order and I support the recommendation of the panel. ./prohibition_order_mr_rajpal_bhakerd.pdf- ./prohibition_order_mr_rajpal_bhakerd.pdf-Allegation 3 ./prohibition_order_mr_rajpal_bhakerd.pdf- ./prohibition_order_mr_rajpal_bhakerd.pdf-I am required under the relevant regulations to consider only those findings of ./prohibition_order_mr_rajpal_bhakerd.pdf-misconduct made by the panel. The panel made no finding in respect of allegation 3. ./prohibition_order_mr_rajpal_bhakerd.pdf-This means that I have not been able to take any account, in my decision about ./prohibition_order_mr_rajpal_bhakerd.pdf-prohibition, of the sentence which reads, “We accept the main thrust of her evidence ./prohibition_order_mr_rajpal_bhakerd.pdf:and thus are satisfied that there was sexual contact between you and Pupil A.” ./prohibition_order_mr_rajpal_bhakerd.pdf- -- ./prohibition_order_mr_rajpal_bhakerd.pdf- 12 ./prohibition_order_mr_rajpal_bhakerd.pdf- ./prohibition_order_mr_rajpal_bhakerd.pdf- ./prohibition_order_mr_rajpal_bhakerd.pdf-A description of an alleged incident in a park on 30 May 2002 is also contained in the ./prohibition_order_mr_rajpal_bhakerd.pdf:report. The panel are clear that sexual intercourse did not occur on this occasion. ./prohibition_order_mr_rajpal_bhakerd.pdf:There is a description of alleged sexual activity – but as there is no finding of ./prohibition_order_mr_rajpal_bhakerd.pdf-misconduct relating to this incident I have also put the whole of this incident from my ./prohibition_order_mr_rajpal_bhakerd.pdf-mind when making my judgement about prohibition in respect of allegations 1 and 2. ./prohibition_order_mr_rajpal_bhakerd.pdf- ./prohibition_order_mr_rajpal_bhakerd.pdf-Similarly with regard to the incidents that may have taken place on 8 June 2002. The ./prohibition_order_mr_rajpal_bhakerd.pdf:panel are clear that they were unable to be satisfied that sexual intercourse took ./prohibition_order_mr_rajpal_bhakerd.pdf-place on a number of occasions and have therefore made no finding of misconduct ./prohibition_order_mr_rajpal_bhakerd.pdf-in terms of the allegation that was before them. I have therefore specifically and ./prohibition_order_mr_rajpal_bhakerd.pdf-explicitly had to ignore any of the account of that day. ./prohibition_order_mr_rajpal_bhakerd.pdf- ./prohibition_order_mr_rajpal_bhakerd.pdf-I have read the decision of the panel relating to the request of the presenting officer ./prohibition_order_mr_rajpal_bhakerd.pdf-to amend allegation 3. I make no comment on that and indeed have put that from my ./prohibition_order_mr_rajpal_bhakerd.pdf-mind when making this decision. ./prohibition_order_mr_rajpal_bhakerd.pdf- ./prohibition_order_mr_rajpal_bhakerd.pdf-My decision is therefore based solely on the findings of the panel around allegations ./prohibition_order_mr_rajpal_bhakerd.pdf-1 and 2. ./prohibition_order_mr_richard_hook.pdf- 7 ./prohibition_order_mr_richard_hook.pdf- ./prohibition_order_mr_richard_hook.pdf- ./prohibition_order_mr_richard_hook.pdf-We carefully considered whether to allow Mr Hook the opportunity to apply to set ./prohibition_order_mr_richard_hook.pdf-aside the Prohibition Order. We have been concerned that Mr Hook has not ./prohibition_order_mr_richard_hook.pdf-currently shown insight or reflection in relation to his behaviour. However, at the ./prohibition_order_mr_richard_hook.pdf-time of the incidents he was a young, inexperienced teacher. We have seen no ./prohibition_order_mr_richard_hook.pdf-evidence of support, if any, offered to him by the school. It has not been alleged that ./prohibition_order_mr_richard_hook.pdf:Mr Hook has acted in a manner which was sexually motivated or that he sought to ./prohibition_order_mr_richard_hook.pdf:groom or harm children. There is no evidence that any student suffered harm or ./prohibition_order_mr_richard_hook.pdf-distress as a consequence of his behaviour. For these reasons we believe that it is ./prohibition_order_mr_richard_hook.pdf-appropriate to recommend that Mr Hook be entitled to apply for the Prohibition Order ./prohibition_order_mr_richard_hook.pdf-to be set aside after a period of 3 years. ./prohibition_order_mr_richard_hook.pdf- ./prohibition_order_mr_richard_hook.pdf-We note that the minimum period to be able to apply to set aside an Orde r is 2 ./prohibition_order_mr_richard_hook.pdf-years. We believe that a duration of 3 years is appropriate and proportionate ./prohibition_order_mr_richard_hook.pdf-because this period acknowledges the seriousness with which we vie w Mr Hook's ./prohibition_order_mr_richard_hook.pdf-conduct. It is also an appropriate period which allows Mr Hook the opportunity to ./prohibition_order_mr_richard_hook.pdf-apply to set aside the Order after a timescale which equates to 5 years from the date ./prohibition_order_mr_richard_hook.pdf-of his dismissal from the school. This duration is also appropriate because it gives Mr ./Prohibition_order_Mr_Richard_Keen.pdf-employment, he was suspended and a disciplinary investigation followed. ./Prohibition_order_Mr_Richard_Keen.pdf- ./Prohibition_order_Mr_Richard_Keen.pdf-Witness B conducted the investigatory interview with Mr Keen on 15th September ./Prohibition_order_Mr_Richard_Keen.pdf-2011. She had had no previous experience of conducting investigatory interviews. ./Prohibition_order_Mr_Richard_Keen.pdf-Mr Keen informed her that, on 26th June 2011, he had visited the home of a family ./Prohibition_order_Mr_Richard_Keen.pdf-friend to play computer games with the child, Child A, who was aged 15. Child A was ./Prohibition_order_Mr_Richard_Keen.pdf-alone in the house at the time as the other members of his family had gone out. At ./Prohibition_order_Mr_Richard_Keen.pdf-the time Mr Keen was 23 years old. Child A had told him that he had injured his leg ./Prohibition_order_Mr_Richard_Keen.pdf-and asked Mr Keen to have a look at it. Mr Keen offered to give Child A a massage ./Prohibition_order_Mr_Richard_Keen.pdf-which he accepted. He confirmed that he had been massaging Child A over 6 ./Prohibition_order_Mr_Richard_Keen.pdf:months. He denied that there was any sexual contact. The account given by Mr ./Prohibition_order_Mr_Richard_Keen.pdf-Keen differed from that of Child A. ./Prohibition_order_Mr_Richard_Keen.pdf- ./Prohibition_order_Mr_Richard_Keen.pdf-Mr Keen was not concerned about boundary issues. His manner was incredulous ./Prohibition_order_Mr_Richard_Keen.pdf-that any accusation could be made against him. He was a family friend. ./Prohibition_order_Mr_Richard_Keen.pdf- ./Prohibition_order_Mr_Richard_Keen.pdf-Following the investigation, Witness B presented her findings in the investigation to a ./Prohibition_order_Mr_Richard_Keen.pdf-disciplinary hearing, the minutes of which were in the bundle. Mr Keen attended the ./Prohibition_order_Mr_Richard_Keen.pdf-meeting and was represented. She mentioned that Mr Keen had received and ./Prohibition_order_Mr_Richard_Keen.pdf-understood child protection training. He was a PGCE graduate. She considered that ./Prohibition_order_Mr_Richard_Keen.pdf-his admission that he had been massaging Child A would have been considered ./Prohibition_Order_Mr_Richard_McHale.pdf- ./Prohibition_Order_Mr_Richard_McHale.pdf-Whilst attempting to register for employment with Randstad Education (formerly Select ./Prohibition_Order_Mr_Richard_McHale.pdf-Education) in March 2013 he ./Prohibition_Order_Mr_Richard_McHale.pdf- ./Prohibition_Order_Mr_Richard_McHale.pdf-1. Provided differing employment history and teaching experience on his CV to the ./Prohibition_Order_Mr_Richard_McHale.pdf- information he had provided to Select Education in 2009; ./Prohibition_Order_Mr_Richard_McHale.pdf- ./Prohibition_Order_Mr_Richard_McHale.pdf-2. Provided what he knew to be false statements of services and employment ./Prohibition_Order_Mr_Richard_McHale.pdf- references which purported to be from:- ./Prohibition_Order_Mr_Richard_McHale.pdf- ./Prohibition_Order_Mr_Richard_McHale.pdf: a. Steyning Grammar School, West Sussex, UK. ./Prohibition_Order_Mr_Richard_McHale.pdf- ./Prohibition_Order_Mr_Richard_McHale.pdf- b. The Hope Flowers School, Bethlehem. ./Prohibition_Order_Mr_Richard_McHale.pdf- ./Prohibition_Order_Mr_Richard_McHale.pdf- c. Lajamanu School, Australia. ./Prohibition_Order_Mr_Richard_McHale.pdf- ./Prohibition_Order_Mr_Richard_McHale.pdf-3. Submitted a false statement of teaching service purporting to be from Newcastle ./Prohibition_Order_Mr_Richard_McHale.pdf- City Council; ./Prohibition_Order_Mr_Richard_McHale.pdf- ./Prohibition_Order_Mr_Richard_McHale.pdf-4. In doing so he acted dishonestly in that he knowingly provided false and/or ./Prohibition_Order_Mr_Richard_McHale.pdf- inaccurate information to Randstad Education in his belief that this would increase -- ./Prohibition_Order_Mr_Richard_McHale.pdf- schools where he claims to have taught. At page 69 of the case papers in the first ./Prohibition_Order_Mr_Richard_McHale.pdf- statement submitted to the National College on his behalf by Individual B (who has ./Prohibition_Order_Mr_Richard_McHale.pdf- assisted him in his response to this case) it is said that he “panicked and made a ./Prohibition_Order_Mr_Richard_McHale.pdf- grave error of judgement.” Instead of reporting to the agency that he had lost his ./Prohibition_Order_Mr_Richard_McHale.pdf- records in Vietnam he “created false and inaccurate documents that included his ./Prohibition_Order_Mr_Richard_McHale.pdf- CV and records of service.” ./Prohibition_Order_Mr_Richard_McHale.pdf- ./Prohibition_Order_Mr_Richard_McHale.pdf-2. Provided what he knew to be false statements of services and employment ./Prohibition_Order_Mr_Richard_McHale.pdf- references which purported to be from:- ./Prohibition_Order_Mr_Richard_McHale.pdf- ./Prohibition_Order_Mr_Richard_McHale.pdf: a. Steyning Grammar School, West Sussex, UK ./Prohibition_Order_Mr_Richard_McHale.pdf- ./Prohibition_Order_Mr_Richard_McHale.pdf- This particular is admitted by Mr McHale at page 89 in his second witness ./Prohibition_Order_Mr_Richard_McHale.pdf- statement. He acknowledges that he provided Randstad Education in ./Prohibition_Order_Mr_Richard_McHale.pdf- ./Prohibition_Order_Mr_Richard_McHale.pdf- 6 ./Prohibition_Order_Mr_Richard_McHale.pdf- ./Prohibition_order_Mr_Richard_Withecombe.pdf-1. Inappropriately touched a three year old, Pupil A, a child with special educational needs ./Prohibition_order_Mr_Richard_Withecombe.pdf- [redacted], in that he: ./Prohibition_order_Mr_Richard_Withecombe.pdf- a. Was sat on a bench on his own with Pupil A at lunchtime; ./Prohibition_order_Mr_Richard_Withecombe.pdf- b. Reached around from behind Pupil A and put his hand inside down the front of his ./Prohibition_order_Mr_Richard_Withecombe.pdf- trousers; ./Prohibition_order_Mr_Richard_Withecombe.pdf- c. Was seen by a colleague with his hand down Pupil A’s trousers and commented with ./Prohibition_order_Mr_Richard_Withecombe.pdf- words to the effect that Pupil A “seemed to be walking funny like he had wet himself ./Prohibition_order_Mr_Richard_Withecombe.pdf- but that he wasn’t wet”; and ./Prohibition_order_Mr_Richard_Withecombe.pdf- d. Denied each of the matters set out at allegations 1.a. to 1.c. when given a reasonable ./Prohibition_order_Mr_Richard_Withecombe.pdf- opportunity to explain his actions. ./Prohibition_order_Mr_Richard_Withecombe.pdf:2. In doing so, his behaviour was sexually motivated. ./Prohibition_order_Mr_Richard_Withecombe.pdf- ./Prohibition_order_Mr_Richard_Withecombe.pdf-The allegations were denied by Mr Withecombe. ./Prohibition_order_Mr_Richard_Withecombe.pdf- ./Prohibition_order_Mr_Richard_Withecombe.pdf- ./Prohibition_order_Mr_Richard_Withecombe.pdf- ./Prohibition_order_Mr_Richard_Withecombe.pdf-C. Preliminary applications ./Prohibition_order_Mr_Richard_Withecombe.pdf- ./Prohibition_order_Mr_Richard_Withecombe.pdf-Application to Amend ./Prohibition_order_Mr_Richard_Withecombe.pdf- ./Prohibition_order_Mr_Richard_Withecombe.pdf-The presenting officer applied for an amendment to Particular 1c of the allegation so that the word -- ./Prohibition_order_Mr_Richard_Withecombe.pdf- The panel also finds particular 1d proved in that the conduct alleged had been denied by Mr ./Prohibition_order_Mr_Richard_Withecombe.pdf- Withecombe in the course of the investigations by the School and the Police and in this ./Prohibition_order_Mr_Richard_Withecombe.pdf- hearing. However, the panel does not consider that this particular is relevant to the allegation ./Prohibition_order_Mr_Richard_Withecombe.pdf- itself nor does it take the matter any further. ./Prohibition_order_Mr_Richard_Withecombe.pdf- Consequently, having found particulars 1a, b and c proved, the panel finds allegation 1 ./Prohibition_order_Mr_Richard_Withecombe.pdf- proved in that, in the week commencing 10 September 2012, he inappropriately touched a ./Prohibition_order_Mr_Richard_Withecombe.pdf- three year old, Pupil A. ./Prohibition_order_Mr_Richard_Withecombe.pdf- We have found the following particulars of the allegation against you not proven, for these ./Prohibition_order_Mr_Richard_Withecombe.pdf- reasons: ./Prohibition_order_Mr_Richard_Withecombe.pdf- ./Prohibition_order_Mr_Richard_Withecombe.pdf:2. In doing so, your behaviour was sexually motivated. ./Prohibition_order_Mr_Richard_Withecombe.pdf- The panel was not satisfied that the conduct found proved under allegation 1 above was ./Prohibition_order_Mr_Richard_Withecombe.pdf: sexually motivated. ./Prohibition_order_Mr_Richard_Withecombe.pdf- Mr Withecombe had worked at the school for some 18 years. Whilst there was reference to ./Prohibition_order_Mr_Richard_Withecombe.pdf- an incident in 2009, no allegations arose out of it and this was only relevant to the extent that ./Prohibition_order_Mr_Richard_Withecombe.pdf- Mr Withecombe was reminded to exercise great care to comply with the safeguarding ./Prohibition_order_Mr_Richard_Withecombe.pdf- policies of the school not only in the interests of the pupils but for his own protection as well, ./Prohibition_order_Mr_Richard_Withecombe.pdf- so as to avoid any risk of his conduct being misinterpreted. ./Prohibition_order_Mr_Richard_Withecombe.pdf- Whilst he had not produced any character references or testimonials, Mr Withecombe gave ./Prohibition_order_Mr_Richard_Withecombe.pdf- evidence about his background, both personal and professional. Even though the panel had ./Prohibition_order_Mr_Richard_Withecombe.pdf- not accepted his account of events in September 2012, nevertheless he strikes the panel as ./Prohibition_order_Mr_Richard_Withecombe.pdf- someone who had meant well but who had illustrated a gross lack of judgment as opposed ./Prohibition_order_Mr_Richard_Withecombe.pdf- to anything more sinister. -- ./Prohibition_order_Mr_Richard_Withecombe.pdf-Withecombe to demonstrate that, in those two years, he has developed sufficient insight into his ./Prohibition_order_Mr_Richard_Withecombe.pdf-conduct so as to reassure any panel reviewing the order that he would not repeat the sort of conduct ./Prohibition_order_Mr_Richard_Withecombe.pdf-which has given rise to these proceedings. ./Prohibition_order_Mr_Richard_Withecombe.pdf- ./Prohibition_order_Mr_Richard_Withecombe.pdf-Decision and reasons on behalf of the Secretary of State ./Prohibition_order_Mr_Richard_Withecombe.pdf- ./Prohibition_order_Mr_Richard_Withecombe.pdf-I have carefully considered the findings and recommendations of the panel in this case. ./Prohibition_order_Mr_Richard_Withecombe.pdf- ./Prohibition_order_Mr_Richard_Withecombe.pdf-The panel have found the allegations relating to Mr Withecombe’s inappropriate touching of a 3 year ./Prohibition_order_Mr_Richard_Withecombe.pdf-old with special educational needs proven. They did not find proven the allegation that his actions ./Prohibition_order_Mr_Richard_Withecombe.pdf:were sexually motivated. ./Prohibition_order_Mr_Richard_Withecombe.pdf- ./Prohibition_order_Mr_Richard_Withecombe.pdf-The panel went on to determine that the allegations found proved amounted to unacceptable ./Prohibition_order_Mr_Richard_Withecombe.pdf-professional conduct. ./Prohibition_order_Mr_Richard_Withecombe.pdf- ./Prohibition_order_Mr_Richard_Withecombe.pdf-The panel went on to consider whether they should recommend prohibition as an appropriate and ./Prohibition_order_Mr_Richard_Withecombe.pdf-proportionate sanction. They paid due regard to the public interest considerations present in this ./Prohibition_order_Mr_Richard_Withecombe.pdf-case namely, the protection of pupils, the maintenance of public confidence in the profession and ./Prohibition_order_Mr_Richard_Withecombe.pdf-the upholding of proper standards of conduct. ./Prohibition_order_Mr_Richard_Withecombe.pdf- ./Prohibition_order_Mr_Richard_Withecombe.pdf- ./Prohibition_Order_Mr_Robert_Chandler.pdf- Pupil D ./Prohibition_Order_Mr_Robert_Chandler.pdf- ./Prohibition_Order_Mr_Robert_Chandler.pdf- Pupil E ./Prohibition_Order_Mr_Robert_Chandler.pdf- ./Prohibition_Order_Mr_Robert_Chandler.pdf- 2. He failed to follow management instructions and/or advice given in 2008 and 2011 ./Prohibition_Order_Mr_Robert_Chandler.pdf- advising him to refrain from contacting pupils and/or ex pupils via the internet and ./Prohibition_Order_Mr_Robert_Chandler.pdf- giving out his telephone number. ./Prohibition_Order_Mr_Robert_Chandler.pdf- ./Prohibition_Order_Mr_Robert_Chandler.pdf- 3. He engaged in an inappropriate relationship with Pupil/ ex-Pupil A, in that he: ./Prohibition_Order_Mr_Robert_Chandler.pdf- ./Prohibition_Order_Mr_Robert_Chandler.pdf: a) engaged in sexual webcam discussions with Pupil / ex Pupil A ./Prohibition_Order_Mr_Robert_Chandler.pdf- ./Prohibition_Order_Mr_Robert_Chandler.pdf- b) asked Pupil/ ex Pupil A to send naked pictures of herself to him ./Prohibition_Order_Mr_Robert_Chandler.pdf- ./Prohibition_Order_Mr_Robert_Chandler.pdf- c) kissed Pupil A / ex – Pupil A ./Prohibition_Order_Mr_Robert_Chandler.pdf- ./Prohibition_Order_Mr_Robert_Chandler.pdf- d) touched Pupil A’s / ex-Pupil A’s breasts ./Prohibition_Order_Mr_Robert_Chandler.pdf- ./Prohibition_Order_Mr_Robert_Chandler.pdf: e) discussed with Pupil / ex-Pupil A, the possibility of having sexual intercourse with ./Prohibition_Order_Mr_Robert_Chandler.pdf- her. ./Prohibition_Order_Mr_Robert_Chandler.pdf- ./Prohibition_Order_Mr_Robert_Chandler.pdf: 4. His actions at 1 and 3 above were sexually motivated. ./Prohibition_Order_Mr_Robert_Chandler.pdf- ./Prohibition_Order_Mr_Robert_Chandler.pdf- Mr Chandler’s representative confirmed that allegations 1, 2 and 3c only were ./Prohibition_Order_Mr_Robert_Chandler.pdf- admitted. The remainder of the allegations were denied. ./Prohibition_Order_Mr_Robert_Chandler.pdf- ./Prohibition_Order_Mr_Robert_Chandler.pdf- It was confirmed that, in respect of those allegations admitted, those facts amounted ./Prohibition_Order_Mr_Robert_Chandler.pdf- to unacceptable professional conduct/ conduct that may bring the profession into ./Prohibition_Order_Mr_Robert_Chandler.pdf- disrepute. ./Prohibition_Order_Mr_Robert_Chandler.pdf- ./Prohibition_Order_Mr_Robert_Chandler.pdf- ./Prohibition_Order_Mr_Robert_Chandler.pdf- -- ./Prohibition_Order_Mr_Robert_Chandler.pdf-We have now carefully considered the case before us and have reached a decision. ./Prohibition_Order_Mr_Robert_Chandler.pdf- ./Prohibition_Order_Mr_Robert_Chandler.pdf-We confirm that we have read all the documents provided in the bundle in advance of the ./Prohibition_Order_Mr_Robert_Chandler.pdf-hearing and those added to the bundle during the course of the hearing. ./Prohibition_Order_Mr_Robert_Chandler.pdf- ./Prohibition_Order_Mr_Robert_Chandler.pdf-Summary of Evidence ./Prohibition_Order_Mr_Robert_Chandler.pdf- ./Prohibition_Order_Mr_Robert_Chandler.pdf-Mr Chandler had been employed at Fairfield High School since 1 September 2003 as a ./Prohibition_Order_Mr_Robert_Chandler.pdf-drama teacher. He was promoted to the position of Assistant Head in December 2009. It ./Prohibition_Order_Mr_Robert_Chandler.pdf-was alleged that between 2003 and 2011 he engaged in inappropriate communications ./Prohibition_Order_Mr_Robert_Chandler.pdf:with a number of pupils and/or ex-pupils. It was alleged that such actions were sexually ./Prohibition_Order_Mr_Robert_Chandler.pdf-motivated. It was alleged that he failed to follow management instructions/advice given in ./Prohibition_Order_Mr_Robert_Chandler.pdf-both 2008 and 2011 advising him to refrain from contacting pupils and/or ex-pupils via ./Prohibition_Order_Mr_Robert_Chandler.pdf-the internet and giving out his telephone number. ./Prohibition_Order_Mr_Robert_Chandler.pdf- ./Prohibition_Order_Mr_Robert_Chandler.pdf-It was also alleged that he had engaged in an inappropriate relationship with Pupil/ex- ./Prohibition_Order_Mr_Robert_Chandler.pdf:Pupil A, namely; engaging in sexual webcam discussions with Pupil/ex-Pupil A; asking ./Prohibition_Order_Mr_Robert_Chandler.pdf-her to send naked pictures of herself to him; kissing her; touching her breasts and ./Prohibition_Order_Mr_Robert_Chandler.pdf:discussing with her the possibility of having sexual intercourse. It was alleged that these ./Prohibition_Order_Mr_Robert_Chandler.pdf:actions too were sexually motivated. ./Prohibition_Order_Mr_Robert_Chandler.pdf- ./Prohibition_Order_Mr_Robert_Chandler.pdf- ./Prohibition_Order_Mr_Robert_Chandler.pdf- ./Prohibition_Order_Mr_Robert_Chandler.pdf- ./Prohibition_Order_Mr_Robert_Chandler.pdf- 8 ./Prohibition_Order_Mr_Robert_Chandler.pdf- -- ./Prohibition_Order_Mr_Robert_Chandler.pdf-3. You engaged in an inappropriate relationship with Pupil/ex-Pupil A, ./Prohibition_Order_Mr_Robert_Chandler.pdf-in that you: ./Prohibition_Order_Mr_Robert_Chandler.pdf- ./Prohibition_Order_Mr_Robert_Chandler.pdf-We consider each of the particulars in turn: ./Prohibition_Order_Mr_Robert_Chandler.pdf- ./Prohibition_Order_Mr_Robert_Chandler.pdf:a) engaged in sexual webcam discussions with Pupil/ex-Pupil A ./Prohibition_Order_Mr_Robert_Chandler.pdf-The Panel is concerned as to the strength of the evidence against Mr Chandler on this ./Prohibition_Order_Mr_Robert_Chandler.pdf-point. The key evidence for this allegation is in Pupil A’s statement at page 34, which ./Prohibition_Order_Mr_Robert_Chandler.pdf:describes sexual acts taking place during webcam discussions, beginning when she was ./Prohibition_Order_Mr_Robert_Chandler.pdf-15. However, Pupil B’s recollection differed from the account given by Pupil A as to the ./Prohibition_Order_Mr_Robert_Chandler.pdf-details – in particular, whether Mr Chandler could be seen by Pupil A during the webcam ./Prohibition_Order_Mr_Robert_Chandler.pdf-discussions. ./Prohibition_Order_Mr_Robert_Chandler.pdf- ./Prohibition_Order_Mr_Robert_Chandler.pdf-In the absence of any clear corroborative evidence, and in circumstances where it has ./Prohibition_Order_Mr_Robert_Chandler.pdf-not been possible to test Pupil A’s account, the Panel is not satisfied that allegation 3(a) ./Prohibition_Order_Mr_Robert_Chandler.pdf-has been proved on the balance of probabilities. ./Prohibition_Order_Mr_Robert_Chandler.pdf- ./Prohibition_Order_Mr_Robert_Chandler.pdf- ./Prohibition_Order_Mr_Robert_Chandler.pdf-b) asked Pupil/ ex-Pupil A to send naked pictures of herself to you -- ./Prohibition_Order_Mr_Robert_Chandler.pdf-The key evidence for this allegation is found at paragraph 9 of Pupil A’s witness ./Prohibition_Order_Mr_Robert_Chandler.pdf-statement at page 34 of the bundle. This describes an incident in Mr Chandler’s office. Mr ./Prohibition_Order_Mr_Robert_Chandler.pdf-Chandler, in his statement at page 492 of the bundle, accepts that a meeting took place ./Prohibition_Order_Mr_Robert_Chandler.pdf-in his office, but denies that there was any physical contact. ./Prohibition_Order_Mr_Robert_Chandler.pdf- ./Prohibition_Order_Mr_Robert_Chandler.pdf-In the absence of any clear corroborative evidence, and in circumstances where it has ./Prohibition_Order_Mr_Robert_Chandler.pdf-not been possible to test Pupil A’s account through oral evidence, the Panel is not ./Prohibition_Order_Mr_Robert_Chandler.pdf-satisfied that allegation 3(d) has been proven on the balance of probabilities. ./Prohibition_Order_Mr_Robert_Chandler.pdf- ./Prohibition_Order_Mr_Robert_Chandler.pdf- ./Prohibition_Order_Mr_Robert_Chandler.pdf:e) discussed, with pupil/ex pupil A, the possibility of having sexual ./Prohibition_Order_Mr_Robert_Chandler.pdf-intercourse with her ./Prohibition_Order_Mr_Robert_Chandler.pdf-The key evidence for this allegation is found at paragraph 11 of Pupil A’s statement, at ./Prohibition_Order_Mr_Robert_Chandler.pdf-page 35. She states that there were a number of occasions on which she and Mr ./Prohibition_Order_Mr_Robert_Chandler.pdf:Chandler planned to have sexual intercourse. ./Prohibition_Order_Mr_Robert_Chandler.pdf- ./Prohibition_Order_Mr_Robert_Chandler.pdf-In the absence of any clear corroborative evidence, and in circumstances where it has ./Prohibition_Order_Mr_Robert_Chandler.pdf-not been possible to test Pupil A’s account through oral evidence, the Panel is not ./Prohibition_Order_Mr_Robert_Chandler.pdf-satisfied that allegation 3(e) has been proven on the balance of probabilities. ./Prohibition_Order_Mr_Robert_Chandler.pdf- ./Prohibition_Order_Mr_Robert_Chandler.pdf- ./Prohibition_Order_Mr_Robert_Chandler.pdf:4. Your actions at 1 and 3 above were sexually motivated. ./Prohibition_Order_Mr_Robert_Chandler.pdf-The Panel has considered this allegation in respect of allegations 1 and 3(c) only, being ./Prohibition_Order_Mr_Robert_Chandler.pdf-those for which the facts have been found proven. ./Prohibition_Order_Mr_Robert_Chandler.pdf- ./Prohibition_Order_Mr_Robert_Chandler.pdf-The Panel is conscious that it is concerned with the actual motivation of Mr Chandler, ./Prohibition_Order_Mr_Robert_Chandler.pdf-rather than on the perception of others as to his motivation. ./Prohibition_Order_Mr_Robert_Chandler.pdf- ./Prohibition_Order_Mr_Robert_Chandler.pdf-Turning first to Allegation 1, the Panel makes the following observations: ./Prohibition_Order_Mr_Robert_Chandler.pdf- ./Prohibition_Order_Mr_Robert_Chandler.pdf-Firstly, the Panel does not consider it inevitable that electronic communications with ./Prohibition_Order_Mr_Robert_Chandler.pdf:pupils or ex pupils must be motivated by sexual desire. The Panel has therefore ./Prohibition_Order_Mr_Robert_Chandler.pdf-considered whether, based on the evidence before it, it was more likely than not that the ./Prohibition_Order_Mr_Robert_Chandler.pdf:actions were in fact sexually motivated. ./Prohibition_Order_Mr_Robert_Chandler.pdf- ./Prohibition_Order_Mr_Robert_Chandler.pdf-In relation to Pupil E, the Panel considers that, taken together, the use of the word ./Prohibition_Order_Mr_Robert_Chandler.pdf-‘snuggle’; references to being in Pupil E’s bed in text exchanges; the comment ‘take it as ./Prohibition_Order_Mr_Robert_Chandler.pdf- ./Prohibition_Order_Mr_Robert_Chandler.pdf- ./Prohibition_Order_Mr_Robert_Chandler.pdf- 17 ./Prohibition_Order_Mr_Robert_Chandler.pdf- -- ./Prohibition_Order_Mr_Robert_Chandler.pdf-a compliment that a 28 year old man finds you incredibly attractive’; and the comment ‘it ./Prohibition_Order_Mr_Robert_Chandler.pdf:doesn’t mean I won’t stop fancying you’, reveal a sexual motivation. In the Panel’s view it ./Prohibition_Order_Mr_Robert_Chandler.pdf-was evident from the recording of the call between Mr Chandler and Pupil E that Mr ./Prohibition_Order_Mr_Robert_Chandler.pdf-Chandler had made advances and been rebuffed by Pupil E. ./Prohibition_Order_Mr_Robert_Chandler.pdf- ./Prohibition_Order_Mr_Robert_Chandler.pdf-In relation to Pupil C, the Panel considers that, taken together, references to ‘massage’; ./Prohibition_Order_Mr_Robert_Chandler.pdf-the indication that she ‘needed an older man’; the use of the words ‘cheeky snog’; and ./Prohibition_Order_Mr_Robert_Chandler.pdf:the comment that Mr Chandler was ‘not your sir anymore’, clearly suggest sexual ./Prohibition_Order_Mr_Robert_Chandler.pdf-motivation. ./Prohibition_Order_Mr_Robert_Chandler.pdf- ./Prohibition_Order_Mr_Robert_Chandler.pdf-Pupil D found the communications she received from Mr Chandler odd and inappropriate. ./Prohibition_Order_Mr_Robert_Chandler.pdf-However, having considered the details carefully, the Panel concludes that there is ./Prohibition_Order_Mr_Robert_Chandler.pdf:insufficient evidence to demonstrate sexual motivation on the part of Mr Chandler in ./Prohibition_Order_Mr_Robert_Chandler.pdf-relation to his contact with Pupil D specifically. ./Prohibition_Order_Mr_Robert_Chandler.pdf- ./Prohibition_Order_Mr_Robert_Chandler.pdf-The Panel has considered the evidence before it as to whether the communications with ./Prohibition_Order_Mr_Robert_Chandler.pdf:Pupil A under Allegation 1 were sexually motivated. The Panel concludes that there is ./Prohibition_Order_Mr_Robert_Chandler.pdf:insufficient evidence before the Panel that these communications were driven by sexual ./Prohibition_Order_Mr_Robert_Chandler.pdf-motivation. ./Prohibition_Order_Mr_Robert_Chandler.pdf- ./Prohibition_Order_Mr_Robert_Chandler.pdf-The Panel finds that the communications with Pupils C and E showed a pattern of ./Prohibition_Order_Mr_Robert_Chandler.pdf:behaviour which it concludes was motivated by sexual desire. The Panel considers that ./Prohibition_Order_Mr_Robert_Chandler.pdf-the content of communications with Pupils C and E were, on balance, more likely than ./Prohibition_Order_Mr_Robert_Chandler.pdf:not to be sexually motivated. ./Prohibition_Order_Mr_Robert_Chandler.pdf- ./Prohibition_Order_Mr_Robert_Chandler.pdf-The Panel then considered whether the aspect of Allegation 3 found proven, namely 3(c), ./Prohibition_Order_Mr_Robert_Chandler.pdf:was sexually motivated. The Panel does not consider that a kiss must inevitably be ./Prohibition_Order_Mr_Robert_Chandler.pdf:motivated by sexual desire. The Panel has carefully examined the evidence before it, but ./Prohibition_Order_Mr_Robert_Chandler.pdf-finds no clear basis for determining what motivated Mr Chandler’s actions. Thus, the ./Prohibition_Order_Mr_Robert_Chandler.pdf:Panel finds that, on the basis of the evidence before it, sexual motivation on the part of ./Prohibition_Order_Mr_Robert_Chandler.pdf-Mr Chandler, has not been proven in relation to the kiss. ./Prohibition_Order_Mr_Robert_Chandler.pdf- ./Prohibition_Order_Mr_Robert_Chandler.pdf- ./Prohibition_Order_Mr_Robert_Chandler.pdf-Findings as to unacceptable professional conduct and/or ./Prohibition_Order_Mr_Robert_Chandler.pdf-conduct that may bring the profession into disrepute ./Prohibition_Order_Mr_Robert_Chandler.pdf-In considering the allegations that the Panel has found proven (namely 1, 2, 3(c) and 4), ./Prohibition_Order_Mr_Robert_Chandler.pdf-the Panel has had regard to the definitions in The Teacher Misconduct – Prohibition of ./Prohibition_Order_Mr_Robert_Chandler.pdf-Teachers Advice, which we refer to as the ‘Guidance’. ./Prohibition_Order_Mr_Robert_Chandler.pdf- ./Prohibition_Order_Mr_Robert_Chandler.pdf- 18 -- ./Prohibition_Order_Mr_Robert_Chandler.pdf- dealings with pupils and former pupils. He was given clear and unequivocal directions ./Prohibition_Order_Mr_Robert_Chandler.pdf- as to the appropriate conduct on numerous occasions but demonstrated brazen ./Prohibition_Order_Mr_Robert_Chandler.pdf- disregard for the advice and instructions given. The Panel considers that his actions ./Prohibition_Order_Mr_Robert_Chandler.pdf- had the potential to compromise the welfare of pupils and former pupils. As a ./Prohibition_Order_Mr_Robert_Chandler.pdf- member of the school leadership team he should have been setting an example for ./Prohibition_Order_Mr_Robert_Chandler.pdf- other staff. We are concerned that his actions fell significantly short of the behaviour ./Prohibition_Order_Mr_Robert_Chandler.pdf- expected of any teacher. ./Prohibition_Order_Mr_Robert_Chandler.pdf- ./Prohibition_Order_Mr_Robert_Chandler.pdf- The Panel has also considered whether Mr Chandler’s conduct displayed behaviours ./Prohibition_Order_Mr_Robert_Chandler.pdf- associated with any of the offences listed on pages 8 and 9 of the Guidance. Whilst ./Prohibition_Order_Mr_Robert_Chandler.pdf: sexual motives were evidenced, the Panel does not consider that the offences listed ./Prohibition_Order_Mr_Robert_Chandler.pdf- are relevant to the specific allegations found proven. ./Prohibition_Order_Mr_Robert_Chandler.pdf- ./Prohibition_Order_Mr_Robert_Chandler.pdf- The Panel notes that some of the activity found proven took place outside of the ./Prohibition_Order_Mr_Robert_Chandler.pdf- education setting. However it is clear to the Panel that Mr Chandler’s conduct led or ./Prohibition_Order_Mr_Robert_Chandler.pdf- may lead to pupils being exposed to or influenced by his behaviour in a harmful way. ./Prohibition_Order_Mr_Robert_Chandler.pdf- Mr Chandler was using his position as a teacher in order to initiate contact with ./Prohibition_Order_Mr_Robert_Chandler.pdf- ./Prohibition_Order_Mr_Robert_Chandler.pdf- ./Prohibition_Order_Mr_Robert_Chandler.pdf- ./Prohibition_Order_Mr_Robert_Chandler.pdf- 19 -- ./Prohibition_Order_Mr_Robert_Chandler.pdf-The Panel has considered the particular public interest considerations set out in the ./Prohibition_Order_Mr_Robert_Chandler.pdf-Teacher Misconduct – Prohibition of Teachers Advice and having done so has found a ./Prohibition_Order_Mr_Robert_Chandler.pdf-number of them to be relevant in this case, namely the protection of pupils, the protection ./Prohibition_Order_Mr_Robert_Chandler.pdf-of other members of the public, the maintenance of public confidence in the profession ./Prohibition_Order_Mr_Robert_Chandler.pdf-and declaring and upholding proper standards of conduct. ./Prohibition_Order_Mr_Robert_Chandler.pdf- ./Prohibition_Order_Mr_Robert_Chandler.pdf:The Panel’s findings against Mr Chandler, involved repeated sexually motivated ./Prohibition_Order_Mr_Robert_Chandler.pdf-communications which continued despite instructions and advice given to Mr Chandler ./Prohibition_Order_Mr_Robert_Chandler.pdf-on numerous occasions, and persisted despite his promotion to a senior position within ./Prohibition_Order_Mr_Robert_Chandler.pdf-the school. In view of these circumstances, there is a strong public interest consideration ./Prohibition_Order_Mr_Robert_Chandler.pdf-in respect of the protection of pupils. ./Prohibition_Order_Mr_Robert_Chandler.pdf- ./Prohibition_Order_Mr_Robert_Chandler.pdf-The Panel considers that public confidence could be seriously weakened if behaviour ./Prohibition_Order_Mr_Robert_Chandler.pdf-such as that demonstrated by Mr Chandler were not treated with the utmost seriousness ./Prohibition_Order_Mr_Robert_Chandler.pdf-when regulating the conduct of the profession. It is important that the public have ./Prohibition_Order_Mr_Robert_Chandler.pdf-confidence in the ability of teachers to maintain proper boundaries in their relations with ./Prohibition_Order_Mr_Robert_Chandler.pdf-both pupils and ex-pupils and to avoid exploiting the teacher – pupil relationship for their -- ./Prohibition_Order_Mr_Robert_Chandler.pdf- ./Prohibition_Order_Mr_Robert_Chandler.pdf-  It is self evident from the findings of the Panel that Mr Chandler abused his ./Prohibition_Order_Mr_Robert_Chandler.pdf- position of trust in relation to pupils including those in a vulnerable position. The ./Prohibition_Order_Mr_Robert_Chandler.pdf- Panel are particularly concerned that this abuse of trust continued even after his ./Prohibition_Order_Mr_Robert_Chandler.pdf- promotion to the senior management team at the school. ./Prohibition_Order_Mr_Robert_Chandler.pdf- ./Prohibition_Order_Mr_Robert_Chandler.pdf-  The Panel further finds that Mr Chandler’s actions amounted to deliberate ./Prohibition_Order_Mr_Robert_Chandler.pdf- behaviour and that his behaviour undermined or risked undermining pupils, the ./Prohibition_Order_Mr_Robert_Chandler.pdf- profession, the school and colleagues. ./Prohibition_Order_Mr_Robert_Chandler.pdf- ./Prohibition_Order_Mr_Robert_Chandler.pdf:  Finally, the Panel finds Mr Chandler’s actions to have amounted to sexual ./Prohibition_Order_Mr_Robert_Chandler.pdf: misconduct. His communications with girls were sexually motivated, and his ./Prohibition_Order_Mr_Robert_Chandler.pdf- methods exploited the trust, knowledge and influence which were derived from his ./Prohibition_Order_Mr_Robert_Chandler.pdf- position as a teacher. ./Prohibition_Order_Mr_Robert_Chandler.pdf- ./Prohibition_Order_Mr_Robert_Chandler.pdf-Even though there were behaviours that would point to a Prohibition Order being ./Prohibition_Order_Mr_Robert_Chandler.pdf-appropriate, the Panel went on to consider whether or not there were sufficient mitigating ./Prohibition_Order_Mr_Robert_Chandler.pdf-factors to militate against a Prohibition Order being an appropriate and proportionate ./Prohibition_Order_Mr_Robert_Chandler.pdf-measure to impose, particularly taking into account the nature and severity of the ./Prohibition_Order_Mr_Robert_Chandler.pdf-behaviour in this case. In this case, there was no evidence that the teacher’s actions ./Prohibition_Order_Mr_Robert_Chandler.pdf-were not deliberate. There was no evidence to suggest that the teacher was acting under ./Prohibition_Order_Mr_Robert_Chandler.pdf-duress, and in fact the Panel found the teacher’s actions to be calculated and motivated. -- ./Prohibition_Order_Mr_Robert_Chandler.pdf-Secretary of State that a Prohibition Order should be imposed with immediate effect. ./Prohibition_Order_Mr_Robert_Chandler.pdf- ./Prohibition_Order_Mr_Robert_Chandler.pdf-The Panel went on to consider whether or not it would be appropriate for them to decide ./Prohibition_Order_Mr_Robert_Chandler.pdf-to recommend that a review period of the order should be considered. The Panel were ./Prohibition_Order_Mr_Robert_Chandler.pdf-mindful that the Guidance advises that a Prohibition Order applies for life, but there may ./Prohibition_Order_Mr_Robert_Chandler.pdf-be circumstances in any given case that may make it appropriate to allow a teacher to ./Prohibition_Order_Mr_Robert_Chandler.pdf-apply to have the prohibition order reviewed after a specified period of time that may not ./Prohibition_Order_Mr_Robert_Chandler.pdf-be less than two years. ./Prohibition_Order_Mr_Robert_Chandler.pdf- ./Prohibition_Order_Mr_Robert_Chandler.pdf-The Guidance indicates that there are behaviours that, if proven, would militate against a ./Prohibition_Order_Mr_Robert_Chandler.pdf:review period being recommended. These behaviours include serious sexual ./Prohibition_Order_Mr_Robert_Chandler.pdf-misconduct. The Panel finds that such behaviour was present in this case, taking into ./Prohibition_Order_Mr_Robert_Chandler.pdf-account the description given at page 10 of the Guidance that such behaviour includes ./Prohibition_Order_Mr_Robert_Chandler.pdf:where the act was sexually motivated and resulted in or had the potential to result in, ./Prohibition_Order_Mr_Robert_Chandler.pdf-harm to a person or persons, particularly where the individual has used their professional ./Prohibition_Order_Mr_Robert_Chandler.pdf-position to influence or exploit a person or persons. The Panel has found that Mr ./Prohibition_Order_Mr_Robert_Chandler.pdf- ./Prohibition_Order_Mr_Robert_Chandler.pdf- ./Prohibition_Order_Mr_Robert_Chandler.pdf- 23 ./Prohibition_Order_Mr_Robert_Chandler.pdf- -- ./Prohibition_Order_Mr_Robert_Chandler.pdf-They have found a number of allegations proven and have judged that those facts ./Prohibition_Order_Mr_Robert_Chandler.pdf-amount to unacceptable professional conduct and conduct that may bring the profession ./Prohibition_Order_Mr_Robert_Chandler.pdf-into disrepute. ./Prohibition_Order_Mr_Robert_Chandler.pdf- ./Prohibition_Order_Mr_Robert_Chandler.pdf-In considering whether a prohibition order would be an appropriate and proportionate ./Prohibition_Order_Mr_Robert_Chandler.pdf-sanction they have given due regard to the public interest considerations and have found ./Prohibition_Order_Mr_Robert_Chandler.pdf-a number of them to be relevant in this case namely the protection of pupils, the ./Prohibition_Order_Mr_Robert_Chandler.pdf-protection of other members of the public, the maintenance of public confidence in the ./Prohibition_Order_Mr_Robert_Chandler.pdf-profession and declaring and upholding proper standards of conduct. The panel have ./Prohibition_Order_Mr_Robert_Chandler.pdf-provided significant detail of the circumstances relating to the case which involved breach ./Prohibition_Order_Mr_Robert_Chandler.pdf:of boundaries and a pattern of behaviour motivated by sexual desire. ./Prohibition_Order_Mr_Robert_Chandler.pdf- ./Prohibition_Order_Mr_Robert_Chandler.pdf-Whilst Mr Chandler has indicated some regret, there is no real evidence of insight. There ./Prohibition_Order_Mr_Robert_Chandler.pdf-is no evidence that the teacher’s actions were not deliberate or any evidence to suggest ./Prohibition_Order_Mr_Robert_Chandler.pdf-that he was acting under duress. The Panel found his actions to be calculated and ./Prohibition_Order_Mr_Robert_Chandler.pdf-motivated. The pattern of behaviour shown by Mr Chandler, in the face of instructions ./Prohibition_Order_Mr_Robert_Chandler.pdf- ./Prohibition_Order_Mr_Robert_Chandler.pdf- ./Prohibition_Order_Mr_Robert_Chandler.pdf- ./Prohibition_Order_Mr_Robert_Chandler.pdf- 24 ./Prohibition_Order_Mr_Robert_Chandler.pdf- -- ./Prohibition_Order_Mr_Robert_Chandler.pdf-and advice that he should cease communications with pupils/ex pupils, suggests that Mr ./Prohibition_Order_Mr_Robert_Chandler.pdf-Chandler had an endemic problem in maintaining proper professional boundaries. ./Prohibition_Order_Mr_Robert_Chandler.pdf- ./Prohibition_Order_Mr_Robert_Chandler.pdf-In the circumstances I agree with the panel’s recommendation that a prohibition order is ./Prohibition_Order_Mr_Robert_Chandler.pdf-appropriate in this case. ./Prohibition_Order_Mr_Robert_Chandler.pdf- ./Prohibition_Order_Mr_Robert_Chandler.pdf-In determining whether to recommend a review period the panel have referenced the ./Prohibition_Order_Mr_Robert_Chandler.pdf-Secretary of State’s advice, Teacher misconduct: the prohibition of teachers. The advice ./Prohibition_Order_Mr_Robert_Chandler.pdf-is clear that there are some circumstances that would militate against a review period ./Prohibition_Order_Mr_Robert_Chandler.pdf:being agreed and such behaviour includes where the act was sexually motivated. I agree ./Prohibition_Order_Mr_Robert_Chandler.pdf-with the panel’s recommendation that the prohibition should be without the opportunity to ./Prohibition_Order_Mr_Robert_Chandler.pdf-apply for the order to be set aside. ./Prohibition_Order_Mr_Robert_Chandler.pdf- ./Prohibition_Order_Mr_Robert_Chandler.pdf-This means that Mr Robert Chandler is prohibited from teaching indefinitely and ./Prohibition_Order_Mr_Robert_Chandler.pdf-cannot teach in any school, sixth form college, relevant youth accommodation or ./Prohibition_Order_Mr_Robert_Chandler.pdf-children’s home in England. Furthermore, in view of the seriousness of the allegations ./Prohibition_Order_Mr_Robert_Chandler.pdf-found proved against him, I have decided that Mr Robert Chandler shall not be entitled to ./Prohibition_Order_Mr_Robert_Chandler.pdf-apply for restoration of his eligibility to teach. ./Prohibition_Order_Mr_Robert_Chandler.pdf- ./Prohibition_Order_Mr_Robert_Chandler.pdf-This Order takes effect from the date on which it is served on the Teacher. ./Prohibition_Order_Mr_Robert_Frederick_Steadman.pdf-the Teacher and pupil. ./Prohibition_Order_Mr_Robert_Frederick_Steadman.pdf- ./Prohibition_Order_Mr_Robert_Frederick_Steadman.pdf-In the evidence contained in the case papers various specific messages passing ./Prohibition_Order_Mr_Robert_Frederick_Steadman.pdf-between the Teacher and Student C are mentioned. ./Prohibition_Order_Mr_Robert_Frederick_Steadman.pdf- ./Prohibition_Order_Mr_Robert_Frederick_Steadman.pdf-In relation to Particulars 2 and 3 of the Notice of Proceedings it is alleged that between ./Prohibition_Order_Mr_Robert_Frederick_Steadman.pdf-17 and 21 March 2011 Mr Steadman allowed Student C to borrow his School laptop and ./Prohibition_Order_Mr_Robert_Frederick_Steadman.pdf-disclosed his laptop password to her so that she could access the material contained on ./Prohibition_Order_Mr_Robert_Frederick_Steadman.pdf-it. ./Prohibition_Order_Mr_Robert_Frederick_Steadman.pdf- ./Prohibition_Order_Mr_Robert_Frederick_Steadman.pdf:It is further alleged that inappropriate images which were pornographic had been ./Prohibition_Order_Mr_Robert_Frederick_Steadman.pdf-downloaded onto the School laptop in contravention of the School’s IT Acceptable Use ./Prohibition_Order_Mr_Robert_Frederick_Steadman.pdf-Policy and that the software installed had not been authorised and that these images ./Prohibition_Order_Mr_Robert_Frederick_Steadman.pdf-were subsequently viewed by Student C. ./Prohibition_Order_Mr_Robert_Frederick_Steadman.pdf- ./Prohibition_Order_Mr_Robert_Frederick_Steadman.pdf-Mr Steadman in his response denies the particulars of the allegation and asserts that he ./Prohibition_Order_Mr_Robert_Frederick_Steadman.pdf-was simply trying to help Student C and that none of his conduct was inappropriate ./Prohibition_Order_Mr_Robert_Frederick_Steadman.pdf-although he acknowledges that he did send some messages to Student C. He indicates ./Prohibition_Order_Mr_Robert_Frederick_Steadman.pdf-that Student C has misrepresented the nature of the relationship that he had with the ./Prohibition_Order_Mr_Robert_Frederick_Steadman.pdf-student. He is clear that there was no inappropriate touching at any time between the ./Prohibition_Order_Mr_Robert_Frederick_Steadman.pdf-two of them. While he accepts that he did lend his School laptop to the Student he says ./Prohibition_Order_Mr_Robert_Frederick_Steadman.pdf:he had no knowledge at all that there was any pornographic material or other ./Prohibition_Order_Mr_Robert_Frederick_Steadman.pdf-inappropriate material contained on the laptop, that he was not responsible for ./Prohibition_Order_Mr_Robert_Frederick_Steadman.pdf-downloading that material and was shocked to discover that such material had been ./Prohibition_Order_Mr_Robert_Frederick_Steadman.pdf-found on the laptop. He says that the nature of his relationship with Student C was fully ./Prohibition_Order_Mr_Robert_Frederick_Steadman.pdf-covered in an interview under caution with the Police who determined that no further ./Prohibition_Order_Mr_Robert_Frederick_Steadman.pdf-action should be taken against him. He further asserts that the School and Local ./Prohibition_Order_Mr_Robert_Frederick_Steadman.pdf- ./Prohibition_Order_Mr_Robert_Frederick_Steadman.pdf- 6 ./Prohibition_Order_Mr_Robert_Frederick_Steadman.pdf- -- ./Prohibition_Order_Mr_Robert_Frederick_Steadman.pdf-In his written statement at page 518 Mr Steadman says “Yes I did lend Student C my ./Prohibition_Order_Mr_Robert_Frederick_Steadman.pdf-laptop. And yes, I realise, in retrospect, this was a silly thing to do but it was done with ./Prohibition_Order_Mr_Robert_Frederick_Steadman.pdf-the best intentions.” He says he did it as she was very behind in her coursework and that ./Prohibition_Order_Mr_Robert_Frederick_Steadman.pdf-at the time there were no sensitive documents on it, not, as far as he was aware, ./Prohibition_Order_Mr_Robert_Frederick_Steadman.pdf-anything she shouldn’t see”. He did so as a caring teacher. He goes on to accept that he ./Prohibition_Order_Mr_Robert_Frederick_Steadman.pdf-also disclosed his password to her but changed it as soon as he got the laptop back after ./Prohibition_Order_Mr_Robert_Frederick_Steadman.pdf-the weekend. ./Prohibition_Order_Mr_Robert_Frederick_Steadman.pdf- ./Prohibition_Order_Mr_Robert_Frederick_Steadman.pdf-These admissions reaffirm information that he provided in his investigation interview with ./Prohibition_Order_Mr_Robert_Frederick_Steadman.pdf-Witness A on Wednesday 20 July 2011. Student C says that she discovered ./Prohibition_Order_Mr_Robert_Frederick_Steadman.pdf:pornographic images on the Computer when she had access to it over the weekend. ./Prohibition_Order_Mr_Robert_Frederick_Steadman.pdf-Pornographic images were later discovered on Mr Steadman’s school laptop when, as a ./Prohibition_Order_Mr_Robert_Frederick_Steadman.pdf-result of Student C’s disclosures, it was examined by the Local Authority IT investigation ./Prohibition_Order_Mr_Robert_Frederick_Steadman.pdf-team using a software programme called Encase. ./Prohibition_Order_Mr_Robert_Frederick_Steadman.pdf- ./Prohibition_Order_Mr_Robert_Frederick_Steadman.pdf-We conclude therefore that it was Mr Steadman’s school laptop which was leant to ./Prohibition_Order_Mr_Robert_Frederick_Steadman.pdf-Student C over the weekend and was subsequently interrogated by the Local Authority. ./Prohibition_Order_Mr_Robert_Frederick_Steadman.pdf-Witness C told us that it is identifiable by a serial number and her evidence left us in no ./Prohibition_Order_Mr_Robert_Frederick_Steadman.pdf-doubt that the Local Authority examined and produced a report on the material ./Prohibition_Order_Mr_Robert_Frederick_Steadman.pdf-discovered on the laptop which had been issued by the School to Mr Steadman. ./Prohibition_Order_Mr_Robert_Frederick_Steadman.pdf- -- ./Prohibition_Order_Mr_Robert_Frederick_Steadman.pdf-Individual D who had carried out the technical examination of the machine using a ./Prohibition_Order_Mr_Robert_Frederick_Steadman.pdf-software application called Encase. ./Prohibition_Order_Mr_Robert_Frederick_Steadman.pdf- ./Prohibition_Order_Mr_Robert_Frederick_Steadman.pdf-We found Witness C to be a capable and credible witness. She dealt well with the many ./Prohibition_Order_Mr_Robert_Frederick_Steadman.pdf-questions posed by the Panel. As a consequence we found no reason to doubt the ./Prohibition_Order_Mr_Robert_Frederick_Steadman.pdf-principal findings of the report itself. ./Prohibition_Order_Mr_Robert_Frederick_Steadman.pdf- ./Prohibition_Order_Mr_Robert_Frederick_Steadman.pdf-The report confirmed that inappropriate images had been discovered within a file on the ./Prohibition_Order_Mr_Robert_Frederick_Steadman.pdf-DropBox application on the computer. Witness C had seen a sample of the images and ./Prohibition_Order_Mr_Robert_Frederick_Steadman.pdf-described them as being sexually explicit with unclothed young women engaged in a ./Prohibition_Order_Mr_Robert_Frederick_Steadman.pdf:variety of poses. The discovery of pornographic material supports the claim made by ./Prohibition_Order_Mr_Robert_Frederick_Steadman.pdf-Student C that she had discovered similar images on the laptop over the weekend that ./Prohibition_Order_Mr_Robert_Frederick_Steadman.pdf-she had borrowed the machine – information which had triggered the investigation of the ./Prohibition_Order_Mr_Robert_Frederick_Steadman.pdf-laptop. ./Prohibition_Order_Mr_Robert_Frederick_Steadman.pdf- ./Prohibition_Order_Mr_Robert_Frederick_Steadman.pdf-The report concluded that a synchronisation process took place between the school lap ./Prohibition_Order_Mr_Robert_Frederick_Steadman.pdf-top and Mr Steadman’s account on 7 March 2011 – we found no reason to question that ./Prohibition_Order_Mr_Robert_Frederick_Steadman.pdf-conclusion which meant that the images were downloaded on that date. We were also ./Prohibition_Order_Mr_Robert_Frederick_Steadman.pdf-told in the report that a number of “adult images” were found stored within folders that ./Prohibition_Order_Mr_Robert_Frederick_Steadman.pdf-also contained Mr Steadman’s personal photos. ./Prohibition_Order_Mr_Robert_Frederick_Steadman.pdf- -- ./Prohibition_Order_Mr_Robert_Frederick_Steadman.pdf-respect, and at all times observing proper boundaries appropriate to a teacher’s ./Prohibition_Order_Mr_Robert_Frederick_Steadman.pdf-professional position AND “having regard to the need to safeguard pupils’ well-being, in ./Prohibition_Order_Mr_Robert_Frederick_Steadman.pdf-accordance with statutory provisions”. ./Prohibition_Order_Mr_Robert_Frederick_Steadman.pdf- ./Prohibition_Order_Mr_Robert_Frederick_Steadman.pdf-Mr Steadman was in a position of trust towards Student C and has demonstrably ./Prohibition_Order_Mr_Robert_Frederick_Steadman.pdf-betrayed that trust by his conduct. He failed to observe the detailed safeguarding training ./Prohibition_Order_Mr_Robert_Frederick_Steadman.pdf-given by the Headteacher in February 2010 and allowed an inappropriate relationship to ./Prohibition_Order_Mr_Robert_Frederick_Steadman.pdf-develop with Student C. ./Prohibition_Order_Mr_Robert_Frederick_Steadman.pdf- ./Prohibition_Order_Mr_Robert_Frederick_Steadman.pdf-In addition he has shown a disregard for the School’s important IT policies which resulted ./Prohibition_Order_Mr_Robert_Frederick_Steadman.pdf:in Student C viewing pornographic images on the laptop that he provided for her. ./Prohibition_Order_Mr_Robert_Frederick_Steadman.pdf-Whatever his motives in lending the laptop to her his failure to comply with the School’s ./Prohibition_Order_Mr_Robert_Frederick_Steadman.pdf-procedures in relation to protecting the integrity of the IT equipment lead to an entirely ./Prohibition_Order_Mr_Robert_Frederick_Steadman.pdf-undesirable outcome for the student. In our judgement this is a case of Unacceptable ./Prohibition_Order_Mr_Robert_Frederick_Steadman.pdf-Professional Conduct. ./Prohibition_Order_Mr_Robert_Frederick_Steadman.pdf- ./Prohibition_Order_Mr_Robert_Frederick_Steadman.pdf- ./Prohibition_Order_Mr_Robert_Frederick_Steadman.pdf- ./Prohibition_Order_Mr_Robert_Frederick_Steadman.pdf- ./Prohibition_Order_Mr_Robert_Frederick_Steadman.pdf- 11 ./Prohibition_Order_Mr_Robert_Frederick_Steadman.pdf- -- ./Prohibition_Order_Mr_Robert_Frederick_Steadman.pdf-with the benefit of hindsight, that some of his actions were “silly” and that “at ./Prohibition_Order_Mr_Robert_Frederick_Steadman.pdf-some point I’ve been foolish and naïve” (page 160 – his investigation interview ./Prohibition_Order_Mr_Robert_Frederick_Steadman.pdf-with Witness A). It may be that he had a greater appreciation of the ./Prohibition_Order_Mr_Robert_Frederick_Steadman.pdf-inappropriateness of his messaging with Student C at the time than he is willing to ./Prohibition_Order_Mr_Robert_Frederick_Steadman.pdf-acknowledge. However his denial of the allegations in this case and his suggestion ./Prohibition_Order_Mr_Robert_Frederick_Steadman.pdf-- as contained in his written statement to the Panel - that all the witnesses who ./Prohibition_Order_Mr_Robert_Frederick_Steadman.pdf-gave evidence to the hearing have been dishonest suggests otherwise. ./Prohibition_Order_Mr_Robert_Frederick_Steadman.pdf- ./Prohibition_Order_Mr_Robert_Frederick_Steadman.pdf-The disregard that he displayed for the school procedures governing the safe ./Prohibition_Order_Mr_Robert_Frederick_Steadman.pdf-keeping of his school laptop further compound his serious failings and directly ./Prohibition_Order_Mr_Robert_Frederick_Steadman.pdf:lead to Student C viewing pornographic material when, in fact, his duty was to ./Prohibition_Order_Mr_Robert_Frederick_Steadman.pdf-protect his pupil from such an eventuality. ./Prohibition_Order_Mr_Robert_Frederick_Steadman.pdf- ./Prohibition_Order_Mr_Robert_Frederick_Steadman.pdf- ./Prohibition_Order_Mr_Robert_Frederick_Steadman.pdf- ./Prohibition_Order_Mr_Robert_Frederick_Steadman.pdf- 12 ./Prohibition_Order_Mr_Robert_Frederick_Steadman.pdf- ./Prohibition_order_Mr_Roger_Brown.pdf- (a) Invited Girl B to visit him at home; ./Prohibition_order_Mr_Roger_Brown.pdf- ./Prohibition_order_Mr_Roger_Brown.pdf- (b) Kissed Girl B at his home; ./Prohibition_order_Mr_Roger_Brown.pdf- ./Prohibition_order_Mr_Roger_Brown.pdf: (c) Engaged in sexual intercourse with Girl B, on more than one occasion; ./Prohibition_order_Mr_Roger_Brown.pdf- ./Prohibition_order_Mr_Roger_Brown.pdf-2. Between 2008 and 2012, whilst working at the Stourport High School, ./Prohibition_order_Mr_Roger_Brown.pdf- Worcestershire he acted inappropriately towards Pupil A, a Sixth Form student in ./Prohibition_order_Mr_Roger_Brown.pdf- that he: ./Prohibition_order_Mr_Roger_Brown.pdf- ./Prohibition_order_Mr_Roger_Brown.pdf- (a) Made flirtatious comments to her in person; ./Prohibition_order_Mr_Roger_Brown.pdf- ./Prohibition_order_Mr_Roger_Brown.pdf- (b) Made flirtatious comments to her by text message; ./Prohibition_order_Mr_Roger_Brown.pdf- ./Prohibition_order_Mr_Roger_Brown.pdf- (c) Made inappropriate physical contact with her; ./Prohibition_order_Mr_Roger_Brown.pdf- ./Prohibition_order_Mr_Roger_Brown.pdf- (d) Encouraged her to meet him outside of school hours. ./Prohibition_order_Mr_Roger_Brown.pdf- ./Prohibition_order_Mr_Roger_Brown.pdf:3. His conduct at paragraphs 1 and 2 was sexually motivated. ./Prohibition_order_Mr_Roger_Brown.pdf- ./Prohibition_order_Mr_Roger_Brown.pdf-The alleged facts were not admitted. ./Prohibition_order_Mr_Roger_Brown.pdf- ./Prohibition_order_Mr_Roger_Brown.pdf- ./Prohibition_order_Mr_Roger_Brown.pdf-C. Preliminary applications ./Prohibition_order_Mr_Roger_Brown.pdf-The presenting officer made an application to admit additional documents consisting of ./Prohibition_order_Mr_Roger_Brown.pdf-extracts of an alleged Facebook conversation between Mr Brown and Girl B in 2008. ./Prohibition_order_Mr_Roger_Brown.pdf-After hearing representations from Ms Berridge and Ms Bailey, the chair announced the ./Prohibition_order_Mr_Roger_Brown.pdf-decision of the panel as follows: ./Prohibition_order_Mr_Roger_Brown.pdf- -- ./Prohibition_order_Mr_Roger_Brown.pdf-Mr Brown was employed as Head of Music at Church Stretton School in Shropshire from ./Prohibition_order_Mr_Roger_Brown.pdf-1995 to 2002. He was employed as Head of Music at Stourport High School ./Prohibition_order_Mr_Roger_Brown.pdf-Worcestershire from 1 September 2008 until 31 May 2012. ./Prohibition_order_Mr_Roger_Brown.pdf- ./Prohibition_order_Mr_Roger_Brown.pdf-Girl B attended Church Stretton School between 1999 and 2004. During her time there, ./Prohibition_order_Mr_Roger_Brown.pdf-Mr Brown taught her approximately once a week in years 7, 8 and 9. In 2005, Girl B ./Prohibition_order_Mr_Roger_Brown.pdf-studied at Shrewsbury Sixth Form College. It is alleged that in 2005 there was email ./Prohibition_order_Mr_Roger_Brown.pdf-contact between Girl B and Mr Brown which resulted in Girl B visiting Mr Brown at his ./Prohibition_order_Mr_Roger_Brown.pdf-home for help with her music A Level coursework on a date in June 2005. She was aged ./Prohibition_order_Mr_Roger_Brown.pdf-17 at that time. It is alleged that when she visited Mr Brown’s home, Mr Brown gave her ./Prohibition_order_Mr_Roger_Brown.pdf:wine to drink and that they engaged in sexual intercourse. It is further alleged that ./Prohibition_order_Mr_Roger_Brown.pdf-between July 2005 and September 2006, Girl B met with Mr Brown several times for ./Prohibition_order_Mr_Roger_Brown.pdf:sexual intercourse at different locations. ./Prohibition_order_Mr_Roger_Brown.pdf- ./Prohibition_order_Mr_Roger_Brown.pdf-Pupil A attended Stourport High School between years 9 to 13. In years 10 to 13 she was ./Prohibition_order_Mr_Roger_Brown.pdf-taught music by Mr Brown. Pupil A was aged 17 when she started year 13 in September ./Prohibition_order_Mr_Roger_Brown.pdf-2011. It is alleged that Pupil A felt uncomfortable because Mr Brown had begun to make ./Prohibition_order_Mr_Roger_Brown.pdf-comments about her appearance. She reported her concerns to her mother, but initially ./Prohibition_order_Mr_Roger_Brown.pdf-felt that she could handle the situation herself. Pupil A did not want to report his conduct ./Prohibition_order_Mr_Roger_Brown.pdf-out of concern that this could negatively impact on her studies. However, it is alleged that ./Prohibition_order_Mr_Roger_Brown.pdf-Pupil A was compelled to say something when she felt that the situation had got out of ./Prohibition_order_Mr_Roger_Brown.pdf-control. This was on 30 March 2012, when it is alleged that Mr Brown encouraged Pupil ./Prohibition_order_Mr_Roger_Brown.pdf-A to meet with him for a drink outside of school hours. Witness A, the Principal of -- ./Prohibition_order_Mr_Roger_Brown.pdf- ./Prohibition_order_Mr_Roger_Brown.pdf-The panel has taken this allegation to relate to the visit to Mr Brown’s home in June 2005. ./Prohibition_order_Mr_Roger_Brown.pdf-There are conflicting accounts between Girl B and Mr Brown. The panel concluded, on ./Prohibition_order_Mr_Roger_Brown.pdf-the balance of probabilities, that the evidence of Girl B alone was not sufficient to find the ./Prohibition_order_Mr_Roger_Brown.pdf-facts of this limb proved. ./Prohibition_order_Mr_Roger_Brown.pdf- ./Prohibition_order_Mr_Roger_Brown.pdf-Accordingly, the panel find the facts of 1(b) not proved. ./Prohibition_order_Mr_Roger_Brown.pdf- ./Prohibition_order_Mr_Roger_Brown.pdf- ./Prohibition_order_Mr_Roger_Brown.pdf- ./Prohibition_order_Mr_Roger_Brown.pdf: (c) Engaged in sexual intercourse with Girl B, on more than one ./Prohibition_order_Mr_Roger_Brown.pdf- occasion; ./Prohibition_order_Mr_Roger_Brown.pdf- ./Prohibition_order_Mr_Roger_Brown.pdf:Mr Brown denied that he had sexual intercourse with Girl B. However, the panel is ./Prohibition_order_Mr_Roger_Brown.pdf-satisfied that the Facebook exchanges between 19 and 26 June 2008 evidence a past ./Prohibition_order_Mr_Roger_Brown.pdf:sexual relationship two years previously. For example: ./Prohibition_order_Mr_Roger_Brown.pdf- ./Prohibition_order_Mr_Roger_Brown.pdf-  ‘No tickets available for Mr B [the then boyfriend of Girl B]… he will have to ./Prohibition_order_Mr_Roger_Brown.pdf- wait…its better if you come alone so that we can at least have a drink and talk.’ ./Prohibition_order_Mr_Roger_Brown.pdf-  ‘Is Mr B trustworthy- does he know know …x’ ./Prohibition_order_Mr_Roger_Brown.pdf-  When Girl B challenged him about whether a concert was taking place or not, Mr ./Prohibition_order_Mr_Roger_Brown.pdf- Brown replied, ‘…do you want to spend some time with me ?x’; ‘… I want to see ./Prohibition_order_Mr_Roger_Brown.pdf- you more than just a short play through and I wanted to catch up, remember the ./Prohibition_order_Mr_Roger_Brown.pdf- good times and enjoy. Do you want to come?X’ ./Prohibition_order_Mr_Roger_Brown.pdf-  ‘I get the impression you are not interested any more ?’ ./Prohibition_order_Mr_Roger_Brown.pdf-  When Girl B challenged him again about whether a concert was taking place or -- ./Prohibition_order_Mr_Roger_Brown.pdf- thinking.’ ./Prohibition_order_Mr_Roger_Brown.pdf-Mr Brown gave a number of conflicting explanations for the Facebook exchanges ./Prohibition_order_Mr_Roger_Brown.pdf-outlined above. One explanation was that they related to a chance meeting at a pub in ./Prohibition_order_Mr_Roger_Brown.pdf-Shrewsbury in the winter of 2005/6. Another was that he was ‘interested in finding out ./Prohibition_order_Mr_Roger_Brown.pdf-more about Girl B because of previous suggestive and provocative texts she had sent ./Prohibition_order_Mr_Roger_Brown.pdf-him, including a picture message’. Mr Brown said that he ‘wanted to know if she was still ./Prohibition_order_Mr_Roger_Brown.pdf-suggesting the same thing as she was previously suggesting. I had been thinking about ./Prohibition_order_Mr_Roger_Brown.pdf-it. It had been playing on my mind’. The panel finds none of Mr Brown’s explanations to ./Prohibition_order_Mr_Roger_Brown.pdf-be persuasive or plausible. ./Prohibition_order_Mr_Roger_Brown.pdf-The panel is satisfied that these Facebook exchanges, read together with the evidence of ./Prohibition_order_Mr_Roger_Brown.pdf:Girl B, prove on the balance of probabilities, that sexual intercourse took place with Girl B ./Prohibition_order_Mr_Roger_Brown.pdf-on more than one occasion in 2005 and 2006. The panel finds that the purpose of these ./Prohibition_order_Mr_Roger_Brown.pdf:Facebook exchanges, initiated by Mr Brown, was to resume the sexual relationship that ./Prohibition_order_Mr_Roger_Brown.pdf-had existed some two years earlier. ./Prohibition_order_Mr_Roger_Brown.pdf-The panel is further satisfied that this was an inappropriate relationship with Girl B. The ./Prohibition_order_Mr_Roger_Brown.pdf:sexual relationship arose as a result of a teacher/pupil relationship. Mr Brown was in a ./Prohibition_order_Mr_Roger_Brown.pdf-position of trust and, although Girl B was a former pupil at the time, she said that she ‘still ./Prohibition_order_Mr_Roger_Brown.pdf-looked at Roger Brown as my teacher’. He abused that position of trust by engaging in a ./Prohibition_order_Mr_Roger_Brown.pdf:sexual relationship with her. ./Prohibition_order_Mr_Roger_Brown.pdf- ./Prohibition_order_Mr_Roger_Brown.pdf-Accordingly, the panel find the facts of 1(c) proved. ./Prohibition_order_Mr_Roger_Brown.pdf- ./Prohibition_order_Mr_Roger_Brown.pdf- ./Prohibition_order_Mr_Roger_Brown.pdf- ./Prohibition_order_Mr_Roger_Brown.pdf- ./Prohibition_order_Mr_Roger_Brown.pdf- 8 ./Prohibition_order_Mr_Roger_Brown.pdf- -- ./Prohibition_order_Mr_Roger_Brown.pdf-2. Between 2008 and 2012, whilst working at the Stourport High School, ./Prohibition_order_Mr_Roger_Brown.pdf- Worcestershire he acted inappropriately towards Pupil A, a Sixth Form ./Prohibition_order_Mr_Roger_Brown.pdf- student in that he: ./Prohibition_order_Mr_Roger_Brown.pdf- ./Prohibition_order_Mr_Roger_Brown.pdf- (a) Made flirtatious comments to her in person; ./Prohibition_order_Mr_Roger_Brown.pdf- ./Prohibition_order_Mr_Roger_Brown.pdf:The panel applied the ordinary meaning of ‘flirtatious’ as ‘behave as though sexually ./Prohibition_order_Mr_Roger_Brown.pdf-attracted to someone, but playfully rather than with serious intentions’. The panel has ./Prohibition_order_Mr_Roger_Brown.pdf-carefully considered the notes taken at the initial meeting with Pupil A and her parents on ./Prohibition_order_Mr_Roger_Brown.pdf-4 April 2012 and the document subsequently prepared by Mother A at Pupil A’s dictation. ./Prohibition_order_Mr_Roger_Brown.pdf-Mr Brown denied making some of the comments alleged and said that some were ./Prohibition_order_Mr_Roger_Brown.pdf-misinterpreted or taken out of context. He admitted that he was ‘overfamiliar’ in some of ./Prohibition_order_Mr_Roger_Brown.pdf-his comments, which he had intended to be complimentary. He admitted, for example, ./Prohibition_order_Mr_Roger_Brown.pdf-that he may have said to Pupil A that she ‘illuminate[d] the room when she walk[ed] into ./Prohibition_order_Mr_Roger_Brown.pdf-it’. Mr Brown denied that any of the comments that he admitted making were flirtatious. In ./Prohibition_order_Mr_Roger_Brown.pdf-cross-examination, Mr Brown was questioned about each comment in the document that ./Prohibition_order_Mr_Roger_Brown.pdf-had been prepared by Mother A. The panel did not find his answers to be credible or -- ./Prohibition_order_Mr_Roger_Brown.pdf-have got this x’. ./Prohibition_order_Mr_Roger_Brown.pdf- ./Prohibition_order_Mr_Roger_Brown.pdf-The panel regarded Mr Brown’s explanation that he proposed meeting Pupil A by the ./Prohibition_order_Mr_Roger_Brown.pdf-post box outside of school in order to give Pupil A her coursework to be absurd. ./Prohibition_order_Mr_Roger_Brown.pdf- ./Prohibition_order_Mr_Roger_Brown.pdf-The panel is satisfied that in encouraging Pupil A to meet him outside of school, Mr ./Prohibition_order_Mr_Roger_Brown.pdf-Brown’s actions were inappropriate. ./Prohibition_order_Mr_Roger_Brown.pdf- ./Prohibition_order_Mr_Roger_Brown.pdf-The panel finds the facts of 2(d) proved. ./Prohibition_order_Mr_Roger_Brown.pdf- ./Prohibition_order_Mr_Roger_Brown.pdf:3. His conduct at paragraphs 1 and 2 was sexually motivated. ./Prohibition_order_Mr_Roger_Brown.pdf- ./Prohibition_order_Mr_Roger_Brown.pdf-In determining whether the facts found proved in paragraphs 1(c) and 2(a), (b), (c) and ./Prohibition_order_Mr_Roger_Brown.pdf:(d) were sexually motivated, the panel considered whether the actions of Mr Brown were ./Prohibition_order_Mr_Roger_Brown.pdf:for the purpose of gratifying his sexual needs or desires. The panel considered the ./Prohibition_order_Mr_Roger_Brown.pdf-position in relation to Girl B and Pupil A separately. ./Prohibition_order_Mr_Roger_Brown.pdf- ./Prohibition_order_Mr_Roger_Brown.pdf:In relation to paragraph 1(c), Mr Brown’s conduct in engaging in sexual intercourse with ./Prohibition_order_Mr_Roger_Brown.pdf:Girl B on more than one occasion was clearly for his sexual gratification. ./Prohibition_order_Mr_Roger_Brown.pdf- ./Prohibition_order_Mr_Roger_Brown.pdf-In relation to paragraphs 2(a), (b), (c) and (d), Mr Brown denied that he found Pupil A to ./Prohibition_order_Mr_Roger_Brown.pdf-be physically attractive. However, the panel noted Mr Brown’s own description of Pupil A ./Prohibition_order_Mr_Roger_Brown.pdf-as ‘pretty’ and ‘lovely’. In addition, Witness C described Mr Brown’s demeanour when in ./Prohibition_order_Mr_Roger_Brown.pdf-the presence of Pupil A. She said that he blushed and his eyes ‘sparkled’ when in Pupil ./Prohibition_order_Mr_Roger_Brown.pdf-A’s presence. The panel has also noted the escalation from flirtatious comments and ./Prohibition_order_Mr_Roger_Brown.pdf-texts from Mr Brown to Pupil A to encouraging her to meet him outside of school and ./Prohibition_order_Mr_Roger_Brown.pdf-socialising with him. Mr Brown persisted in this behaviour over a period of months. The ./Prohibition_order_Mr_Roger_Brown.pdf-panel is satisfied that the actions of Mr Brown were for the purpose of establishing a ./Prohibition_order_Mr_Roger_Brown.pdf:personal and sexual relationship with Pupil A and were, therefore, sexually motivated. ./Prohibition_order_Mr_Roger_Brown.pdf- ./Prohibition_order_Mr_Roger_Brown.pdf-Accordingly, the panel finds the facts of 3 proved in relation to the conduct in 1(c) and ./Prohibition_order_Mr_Roger_Brown.pdf-2(a) to (d). ./Prohibition_order_Mr_Roger_Brown.pdf- ./Prohibition_order_Mr_Roger_Brown.pdf-Findings as to unacceptable professional conduct and/or ./Prohibition_order_Mr_Roger_Brown.pdf-conduct that may bring the profession into disrepute ./Prohibition_order_Mr_Roger_Brown.pdf-The panel is satisfied that in relation to the facts found proved in 1(c) and 2(a) to (d) Mr ./Prohibition_order_Mr_Roger_Brown.pdf-Brown’s actions amount to unacceptable professional conduct and conduct that may ./Prohibition_order_Mr_Roger_Brown.pdf-bring the profession into disrepute. ./Prohibition_order_Mr_Roger_Brown.pdf- -- ./Prohibition_order_Mr_Roger_Brown.pdf- overall A grade in her music A Level, but that she only achieved a ‘B’ grade ./Prohibition_order_Mr_Roger_Brown.pdf- overall. Further, Pupil A’s mother told the panel that her daughter had commented ./Prohibition_order_Mr_Roger_Brown.pdf- that Mr Brown’s conduct had been a ‘blight on her life’ and the effects of his ./Prohibition_order_Mr_Roger_Brown.pdf- conduct were ongoing. Pupil A’s mother believed her daughter’s ability to form ./Prohibition_order_Mr_Roger_Brown.pdf- relationships had been adversely affected. ./Prohibition_order_Mr_Roger_Brown.pdf-  As the panel has found, Mr Brown’s actions in relation to both Girl B and Pupil A ./Prohibition_order_Mr_Roger_Brown.pdf- involved abuse of a position of trust. ./Prohibition_order_Mr_Roger_Brown.pdf:  Mr Brown’s actions in relation to both Girl B and Pupil A amounted to sexual ./Prohibition_order_Mr_Roger_Brown.pdf: misconduct. The panel has found that his actions were sexually motivated. ./Prohibition_order_Mr_Roger_Brown.pdf-The panel considered the mitigation presented. The panel recognised that Mr Brown has ./Prohibition_order_Mr_Roger_Brown.pdf-a previous good history and positive character references have been presented on his ./Prohibition_order_Mr_Roger_Brown.pdf-behalf which demonstrate that he is a talented and effective teacher. The panel heard ./Prohibition_order_Mr_Roger_Brown.pdf-from Witness D that, by March 2012, Mr Brown was suffering from stress. The panel ./Prohibition_order_Mr_Roger_Brown.pdf-considered that Witness D was a credible witness. However, the stress was not apparent ./Prohibition_order_Mr_Roger_Brown.pdf-to Mr Brown’s school colleagues. Despite the lack of medical evidence, the panel accept ./Prohibition_order_Mr_Roger_Brown.pdf-that in March 2012 Mr Brown was suffering from stress and later received counselling. ./Prohibition_order_Mr_Roger_Brown.pdf-Because of conflicting evidence, the panel has been unable to determine when the stress ./Prohibition_order_Mr_Roger_Brown.pdf-began to affect Mr Brown’s conduct and judgement. In the panel’s opinion, such work- ./Prohibition_order_Mr_Roger_Brown.pdf-related or other stress does not excuse or mitigate the conduct found proved. Moreover, -- ./Prohibition_order_Mr_Roger_Brown.pdf-remorse, but shown little insight. For example, he speaks of ‘blurring of professional ./Prohibition_order_Mr_Roger_Brown.pdf-boundaries’ rather than breaching them. ./Prohibition_order_Mr_Roger_Brown.pdf- ./Prohibition_order_Mr_Roger_Brown.pdf-The panel’s view is that a prohibition order is necessary in order to protect pupils and ./Prohibition_order_Mr_Roger_Brown.pdf-other members of the public (including former pupils), to maintain public confidence in the ./Prohibition_order_Mr_Roger_Brown.pdf-teaching profession and to declare and uphold proper standards of conduct. ./Prohibition_order_Mr_Roger_Brown.pdf- ./Prohibition_order_Mr_Roger_Brown.pdf-The panel, therefore, recommends that a prohibition order should be imposed. ./Prohibition_order_Mr_Roger_Brown.pdf- ./Prohibition_order_Mr_Roger_Brown.pdf-The panel considered whether to specify a period after which Mr Brown might apply to ./Prohibition_order_Mr_Roger_Brown.pdf:have the prohibition order set aside. The panel concluded that this was serious sexual ./Prohibition_order_Mr_Roger_Brown.pdf:misconduct as the conduct was sexually motivated and resulted in harm to a person and ./Prohibition_order_Mr_Roger_Brown.pdf-that Mr Brown had used his professional position to influence or exploit a person or ./Prohibition_order_Mr_Roger_Brown.pdf-persons (current and former pupils). ./Prohibition_order_Mr_Roger_Brown.pdf- ./Prohibition_order_Mr_Roger_Brown.pdf-The panel, therefore, recommends that there should be no provision for Mr Brown to ./Prohibition_order_Mr_Roger_Brown.pdf-apply to have the prohibition order set aside. ./Prohibition_order_Mr_Roger_Brown.pdf- ./Prohibition_order_Mr_Roger_Brown.pdf- ./Prohibition_order_Mr_Roger_Brown.pdf- ./Prohibition_order_Mr_Roger_Brown.pdf- ./Prohibition_order_Mr_Roger_Brown.pdf- 13 -- ./Prohibition_order_Mr_Roger_Brown.pdf-Decision and reasons on behalf of the Secretary of State ./Prohibition_order_Mr_Roger_Brown.pdf-I have given careful consideration to the findings and recommendations of the panel in ./Prohibition_order_Mr_Roger_Brown.pdf-this case. ./Prohibition_order_Mr_Roger_Brown.pdf- ./Prohibition_order_Mr_Roger_Brown.pdf-The panel has found a number of serious allegations proven in respect of Mr Brown’s ./Prohibition_order_Mr_Roger_Brown.pdf-inappropriate relationships with Girl B and Pupil A and judged those facts to amount to ./Prohibition_order_Mr_Roger_Brown.pdf-both unacceptable professional conduct and conduct that may bring the profession into ./Prohibition_order_Mr_Roger_Brown.pdf-disrepute. Those relationships involve inappropriate communications, inappropriate ./Prohibition_order_Mr_Roger_Brown.pdf:physical contact and in relation to Girl B, sexual intercourse. In respect of Pupil A the ./Prohibition_order_Mr_Roger_Brown.pdf:panel found proven that Mr Brown’s actions were sexually motivated. ./Prohibition_order_Mr_Roger_Brown.pdf- ./Prohibition_order_Mr_Roger_Brown.pdf-The panel has found Mr Brown’s behaviour to be incompatible with being a teacher on a ./Prohibition_order_Mr_Roger_Brown.pdf-number of counts clearly set out in their recommendation. They have taken account of ./Prohibition_order_Mr_Roger_Brown.pdf-his previous good history and positive character references which demonstrate his ./Prohibition_order_Mr_Roger_Brown.pdf-effectiveness as a teacher. Mr Brown continued to deny the allegations and has not ./Prohibition_order_Mr_Roger_Brown.pdf-accepted responsibility for his actions. He has shown little insight albeit he has expressed ./Prohibition_order_Mr_Roger_Brown.pdf-remorse. In the circumstances I agree with the panel’s recommendation that prohibition is ./Prohibition_order_Mr_Roger_Brown.pdf-an appropriate and proportionate sanction. ./Prohibition_order_Mr_Roger_Brown.pdf- ./Prohibition_order_Mr_Roger_Brown.pdf:The panel has judged Mr Brown’s behaviour to amount to serious sexual misconduct and ./Prohibition_order_Mr_Roger_Brown.pdf-having due regard to the Secretary of State’s advice I agree with their recommendation ./Prohibition_order_Mr_Roger_Brown.pdf-that the order should be without the opportunity for Mr Brown to apply to have it set ./Prohibition_order_Mr_Roger_Brown.pdf-aside. ./Prohibition_order_Mr_Roger_Brown.pdf- ./Prohibition_order_Mr_Roger_Brown.pdf-This means that Mr Roger Brown is prohibited from teaching indefinitely and ./Prohibition_order_Mr_Roger_Brown.pdf-cannot teach in any school, sixth form college, relevant youth accommodation or ./Prohibition_order_Mr_Roger_Brown.pdf-children’s home in England. Furthermore, in view of the seriousness of the allegations ./Prohibition_order_Mr_Roger_Brown.pdf-found proved against him, I have decided that Mr Roger Brown shall not be entitled to ./Prohibition_order_Mr_Roger_Brown.pdf-apply for restoration of his eligibility to teach. ./Prohibition_order_Mr_Roger_Brown.pdf- ./prohibition_order_mr_russell_cross.pdf- ./prohibition_order_mr_russell_cross.pdf-B. Allegations ./prohibition_order_mr_russell_cross.pdf- ./prohibition_order_mr_russell_cross.pdf-The Panel considered the allegation set out in the Notice of Meeting dated ./prohibition_order_mr_russell_cross.pdf-14 May 2012. ./prohibition_order_mr_russell_cross.pdf- ./prohibition_order_mr_russell_cross.pdf-Mr Cross is guilty of unacceptable professional conduct in that whilst employed at ./prohibition_order_mr_russell_cross.pdf-Merebrook Infant School, Milton Keynes, between December 2007 and May 2008, ./prohibition_order_mr_russell_cross.pdf-he: ./prohibition_order_mr_russell_cross.pdf- ./prohibition_order_mr_russell_cross.pdf: 1. Was involved in sexually explicit act whilst on the school premises in that he: ./prohibition_order_mr_russell_cross.pdf- ./prohibition_order_mr_russell_cross.pdf- a. Ejaculated in a PE cupboard; ./prohibition_order_mr_russell_cross.pdf- ./prohibition_order_mr_russell_cross.pdf: 2. Was involved in the above sexually explicit act whilst on the school premises: ./prohibition_order_mr_russell_cross.pdf- ./prohibition_order_mr_russell_cross.pdf- a. Whilst a colleague (Individual A, Learning Assistant) was present; ./prohibition_order_mr_russell_cross.pdf- -- ./prohibition_order_mr_russell_cross.pdf- 2 ./prohibition_order_mr_russell_cross.pdf- ./prohibition_order_mr_russell_cross.pdf- ./prohibition_order_mr_russell_cross.pdf- b. Which could have been witnessed by a child; ./prohibition_order_mr_russell_cross.pdf- ./prohibition_order_mr_russell_cross.pdf: 3. Was involved in other sexually explicit act(s) on the school premises involving ./prohibition_order_mr_russell_cross.pdf- a colleague (Individual A, Learning Assistant). ./prohibition_order_mr_russell_cross.pdf- ./prohibition_order_mr_russell_cross.pdf- The Teacher signed a Statement of Agreed Facts (pages 11-13 of the Panel ./prohibition_order_mr_russell_cross.pdf- Bundle) dated September 2011. The Panel noted that the Statement of Agreed ./prohibition_order_mr_russell_cross.pdf: Facts contained an admission that "sexually explicit act(s) took place on school ./prohibition_order_mr_russell_cross.pdf- premises involving a teaching assistant, Individual A" (paragraph 2) and that ./prohibition_order_mr_russell_cross.pdf- although "there remained a difference in evidence as to the particulars of the ./prohibition_order_mr_russell_cross.pdf- allegations outlined above, the fact that the act(s) themselves took place on ./prohibition_order_mr_russell_cross.pdf- school premises is accepted". The Panel was concerned that the use of the word ./prohibition_order_mr_russell_cross.pdf- "act(s)" was ambiguous and questions whether the admission was in the singular ./prohibition_order_mr_russell_cross.pdf- or plural. The Panel noted that subsequent correspondence received from Mr ./prohibition_order_mr_russell_cross.pdf- Cross contained an admission to only a single incident. ./prohibition_order_mr_russell_cross.pdf- ./prohibition_order_mr_russell_cross.pdf- Mr Cross accepted that the particulars of fact amounted to unacceptable ./prohibition_order_mr_russell_cross.pdf- professional conduct. -- ./prohibition_order_mr_russell_cross.pdf- 3 ./prohibition_order_mr_russell_cross.pdf- ./prohibition_order_mr_russell_cross.pdf- ./prohibition_order_mr_russell_cross.pdf-Russell Cross (dob 23 June 1969) taught Foundation Year students at Merebrook ./prohibition_order_mr_russell_cross.pdf-Infant School (‘School’). He line managed Individual A, a Learning Assistant. ./prohibition_order_mr_russell_cross.pdf- ./prohibition_order_mr_russell_cross.pdf-In early 2008, Individual A made a number of accusations that Mr Cross had ./prohibition_order_mr_russell_cross.pdf:behaved in a sexually inappropriate manner towards her during 2007 and 2008 ./prohibition_order_mr_russell_cross.pdf-including that he masturbated in a PE cupboard in her presence whilst pupils were ./prohibition_order_mr_russell_cross.pdf-present in the class and could have observed the incident. Her accusations became ./prohibition_order_mr_russell_cross.pdf-the subject of a criminal investigation during which Mr Cross initially denied any ./prohibition_order_mr_russell_cross.pdf:sexual contact between himself and Individual A. Having been told that forensic ./prohibition_order_mr_russell_cross.pdf-evidence had found his semen in the PE cupboard, Mr Cross stated that Individual A ./prohibition_order_mr_russell_cross.pdf:had performed oral sex on him in the cupboard but that he had not wished to admit ./prohibition_order_mr_russell_cross.pdf-this fact because he was married. ./prohibition_order_mr_russell_cross.pdf- ./prohibition_order_mr_russell_cross.pdf:Mr Cross denied any other form of sexually explicit act or sexually inappropriate ./prohibition_order_mr_russell_cross.pdf-behaviour both in the criminal investigation and in his submissions to the Panel. ./prohibition_order_mr_russell_cross.pdf- ./prohibition_order_mr_russell_cross.pdf-Mr Cross was acquitted of the criminal charges following a trial at Huntington Crown ./prohibition_order_mr_russell_cross.pdf-Court. ./prohibition_order_mr_russell_cross.pdf- ./prohibition_order_mr_russell_cross.pdf-Findings of fact ./prohibition_order_mr_russell_cross.pdf- ./prohibition_order_mr_russell_cross.pdf-Our findings of fact are as follows: ./prohibition_order_mr_russell_cross.pdf- ./prohibition_order_mr_russell_cross.pdf-We have found the following particulars of the allegation contained in the Notice of ./prohibition_order_mr_russell_cross.pdf-Proceedings dated 6 April 2011 against you proven, for these reasons: ./prohibition_order_mr_russell_cross.pdf- ./prohibition_order_mr_russell_cross.pdf-You are guilty of unacceptable professional conduct in that whilst employed at ./prohibition_order_mr_russell_cross.pdf-Merebrook Infant School, Milton Keynes, between December 2007 and May ./prohibition_order_mr_russell_cross.pdf-2008 you: ./prohibition_order_mr_russell_cross.pdf- ./prohibition_order_mr_russell_cross.pdf: 1. were involved in a sexually explicit act whilst on the school premises ./prohibition_order_mr_russell_cross.pdf- in that you: ./prohibition_order_mr_russell_cross.pdf- ./prohibition_order_mr_russell_cross.pdf- a. ejaculated in a PE cupboard ./prohibition_order_mr_russell_cross.pdf- ./prohibition_order_mr_russell_cross.pdf- Mr Cross – once forensic evidence was presented to him at police ./prohibition_order_mr_russell_cross.pdf- interview – admitted that he ejaculated in the PE cupboard. He has ./prohibition_order_mr_russell_cross.pdf- maintained this admission before the Teaching Agency. Both on Mr ./prohibition_order_mr_russell_cross.pdf- Cross’s admission and the forensic evidence, the Panel finds this ./prohibition_order_mr_russell_cross.pdf- particular proved. ./prohibition_order_mr_russell_cross.pdf- ./prohibition_order_mr_russell_cross.pdf: 2. were involved in the above sexually explicit act whilst on the school ./prohibition_order_mr_russell_cross.pdf- premises: ./prohibition_order_mr_russell_cross.pdf- ./prohibition_order_mr_russell_cross.pdf- a. whilst a colleague (Individual A, Learning Assistant) was present ./prohibition_order_mr_russell_cross.pdf- ./prohibition_order_mr_russell_cross.pdf: Although there is disagreement as to exact nature of the sexually explicit ./prohibition_order_mr_russell_cross.pdf- act that took place in Individual A’s presence, Mr Cross admits that such ./prohibition_order_mr_russell_cross.pdf- an act took place. Whether Mr Cross ejaculated having masturbated (as ./prohibition_order_mr_russell_cross.pdf- alleged consistently by Individual A) or as a result of Individual A ./prohibition_order_mr_russell_cross.pdf- -- ./prohibition_order_mr_russell_cross.pdf- 4 ./prohibition_order_mr_russell_cross.pdf- ./prohibition_order_mr_russell_cross.pdf- ./prohibition_order_mr_russell_cross.pdf:performing oral sex on him (as admitted by Mr Cross in a written statement ./prohibition_order_mr_russell_cross.pdf:to the police and subsequently), the Panel is satisfied that a sexually ./prohibition_order_mr_russell_cross.pdf-explicit act took place, and finds this sub-particular of allegation proved. ./prohibition_order_mr_russell_cross.pdf- ./prohibition_order_mr_russell_cross.pdf-b. which could have been witnessed by a child ./prohibition_order_mr_russell_cross.pdf- ./prohibition_order_mr_russell_cross.pdf-The Panel finds this sub-particular proved. Mr Cross admits that a child ./prohibition_order_mr_russell_cross.pdf:could have been on the school premises at the time that sexual act took ./prohibition_order_mr_russell_cross.pdf-place. ./prohibition_order_mr_russell_cross.pdf- ./prohibition_order_mr_russell_cross.pdf:c. were involved in other sexually explicit act(s) on the school ./prohibition_order_mr_russell_cross.pdf- premises involving a colleague (Individual A, Learning Assistant) ./prohibition_order_mr_russell_cross.pdf- ./prohibition_order_mr_russell_cross.pdf-On Mr Cross’s own admissions, he touched Individual A on the bottom. In ./prohibition_order_mr_russell_cross.pdf-his police interview (page 201 of the Panel bundle) Mr Cross stated that he ./prohibition_order_mr_russell_cross.pdf-“slapped her on the side erm, of her bottom.” He says that this incident ./prohibition_order_mr_russell_cross.pdf-occurred after Individual A had slapped his bottom but he admits that it ./prohibition_order_mr_russell_cross.pdf-was a foolish thing to do. ./prohibition_order_mr_russell_cross.pdf- ./prohibition_order_mr_russell_cross.pdf-On the balance of probabilities, the Panel considers that the touching was ./prohibition_order_mr_russell_cross.pdf:sexually motivated. Mr Cross made admissions that he made at least one ./prohibition_order_mr_russell_cross.pdf:comment with sexual innuendo to Individual A (see page 187 regarding ./prohibition_order_mr_russell_cross.pdf-holding on to his balls when carrying a bag of balls from the PE cupboard). ./prohibition_order_mr_russell_cross.pdf- ./prohibition_order_mr_russell_cross.pdf-Further, the Panel recognises that Mr Cross was cleared of the charges at ./prohibition_order_mr_russell_cross.pdf-the Criminal Court. However, the Panel must consider Mr Cross’s ./prohibition_order_mr_russell_cross.pdf-behaviour from a regulatory perspective and apply the civil standard of ./prohibition_order_mr_russell_cross.pdf-proof. It acknowledges that it is considering hearsay evidence only and it ./prohibition_order_mr_russell_cross.pdf-recognises that it must treat such evidence with caution – particularly ./prohibition_order_mr_russell_cross.pdf-when it is the only material proving a particular. However, the Panel ./prohibition_order_mr_russell_cross.pdf-rejects Mr Cross’s version of events that the incident in the PE cupboard ./prohibition_order_mr_russell_cross.pdf-was an isolated incident. The Panel does not find Mr Cross’s evidence in ./prohibition_order_mr_russell_cross.pdf-this regard credible – he has changed his story and lied on numerous ./prohibition_order_mr_russell_cross.pdf-occasions, which leads the Panel to question the veracity of his assertion ./prohibition_order_mr_russell_cross.pdf-that only one touching incident happened. The Panel also recognises that ./prohibition_order_mr_russell_cross.pdf-Mr Cross was Individual A’s line manager. ./prohibition_order_mr_russell_cross.pdf- ./prohibition_order_mr_russell_cross.pdf-The Panel is conscious that it cannot retry the consent case and that it is ./prohibition_order_mr_russell_cross.pdf-not asked to consider – and has not considered – matters of consent. It ./prohibition_order_mr_russell_cross.pdf-has limited itself to considering what, on a balance of probabilities, ./prohibition_order_mr_russell_cross.pdf-occurred prior to the ejaculation incident and whether there was any other ./prohibition_order_mr_russell_cross.pdf:sexually inappropriate touching. ./prohibition_order_mr_russell_cross.pdf- ./prohibition_order_mr_russell_cross.pdf:The Panel considers it improbable that the sexual act in the PE cupboard ./prohibition_order_mr_russell_cross.pdf:– whatever its nature - was not foreshadowed by some form of sexual ./prohibition_order_mr_russell_cross.pdf-interplay or behaviour. The Panel is satisfied that Individual A’s account of ./prohibition_order_mr_russell_cross.pdf-other touching incidents – such as the tweaking of Individual A’s bra, ./prohibition_order_mr_russell_cross.pdf-grabbing her out from under a bench by her trousers, rubbing her back ./prohibition_order_mr_russell_cross.pdf-and stroking her thigh in the PE lesson, in this context, is credible and the ./prohibition_order_mr_russell_cross.pdf-Panel is satisfied that this particular is proved. ./prohibition_order_mr_russell_cross.pdf- -- ./prohibition_order_mr_russell_cross.pdf- 5 ./prohibition_order_mr_russell_cross.pdf- ./prohibition_order_mr_russell_cross.pdf- ./prohibition_order_mr_russell_cross.pdf- ./prohibition_order_mr_russell_cross.pdf- Findings as to Unacceptable Professional Conduct ./prohibition_order_mr_russell_cross.pdf- ./prohibition_order_mr_russell_cross.pdf- The Panel judges that the Teacher’s conduct amounts to misconduct of a serious ./prohibition_order_mr_russell_cross.pdf- nature and falls significantly short of the standards of behaviour expected of a ./prohibition_order_mr_russell_cross.pdf- teacher. It considers Mr Cross is guilty of unacceptable professional conduct. ./prohibition_order_mr_russell_cross.pdf- ./prohibition_order_mr_russell_cross.pdf: The Panel has found that Mr Cross engaged in a pattern of serious sexual ./prohibition_order_mr_russell_cross.pdf- misconduct on school premises. There was a risk that children could have ./prohibition_order_mr_russell_cross.pdf- witnessed the incidents and their well-being could have been detrimentally affected ./prohibition_order_mr_russell_cross.pdf- as a consequence. It was entirely inappropriate for Mr Cross to have exposed pupils ./prohibition_order_mr_russell_cross.pdf- in this way and this was a significant breach of the standards of conduct expected of ./prohibition_order_mr_russell_cross.pdf- him as a teacher. ./prohibition_order_mr_russell_cross.pdf- ./prohibition_order_mr_russell_cross.pdf- The Panel considers that the unacceptable nature of the conduct is aggravated by ./prohibition_order_mr_russell_cross.pdf- the management relationship between the two parties. As both Individual A’s line ./prohibition_order_mr_russell_cross.pdf- manager and a teacher, Mr Cross would have been expected to have behaved ./prohibition_order_mr_russell_cross.pdf- professionally and properly and maintained high standards of conduct. He has failed ./prohibition_order_mr_russell_cross.pdf- to do so. ./prohibition_order_mr_russell_cross.pdf- ./prohibition_order_mr_russell_cross.pdf- Contrary to Mr Cross’s assertion, the Panel has found that there was not an isolated ./prohibition_order_mr_russell_cross.pdf: sexual act. However, had the Teacher’s conduct been limited to ejaculating in the ./prohibition_order_mr_russell_cross.pdf- PE cupboard in the presence of Individual A, which could have been witnessed by a ./prohibition_order_mr_russell_cross.pdf- child, the Panel would still have regarded such conduct as unacceptable professional ./prohibition_order_mr_russell_cross.pdf: conduct. A sexual act on school premises where a child could have witnessed the ./prohibition_order_mr_russell_cross.pdf- incident is simply unacceptable conduct from a teacher. Mr Cross accepts this is so. ./prohibition_order_mr_russell_cross.pdf- ./prohibition_order_mr_russell_cross.pdf- The Panel has reviewed the guidance offered in both the Department of Education’s ./prohibition_order_mr_russell_cross.pdf- Teacher’s Standards and the Code of Conduct and Practice for Registered Teachers ./prohibition_order_mr_russell_cross.pdf- published by the General Teaching Council for England. It considers that Mr Cross’s ./prohibition_order_mr_russell_cross.pdf- behaviour breached the Standards and the Code in a number of regards. In relation ./prohibition_order_mr_russell_cross.pdf- to the Standards, the Panel considers that Mr Cross’s conduct failed to uphold public ./prohibition_order_mr_russell_cross.pdf- trust and confidence in the profession and maintain high standards of ethics and ./prohibition_order_mr_russell_cross.pdf- moral behaviour by observing professional boundaries and having regard to the ./prohibition_order_mr_russell_cross.pdf- need to safeguard pupil’s well-being. Further, the Panel judges that Mr Cross has -- ./prohibition_order_mr_russell_cross.pdf-Prohibition is necessary to protect pupils and to maintain public confidence in the ./prohibition_order_mr_russell_cross.pdf-profession. ./prohibition_order_mr_russell_cross.pdf- ./prohibition_order_mr_russell_cross.pdf-The Committee has carefully reviewed the mitigation provided by Mr Cross. It ./prohibition_order_mr_russell_cross.pdf-recognises and has taken into account his previous good history and exemplary ./prohibition_order_mr_russell_cross.pdf-record. There is no suggestion that there was any concern about his teaching and ./prohibition_order_mr_russell_cross.pdf-the Ofsted report is complimentary about the Foundation Unit which Mr Cross ./prohibition_order_mr_russell_cross.pdf-managed. ./prohibition_order_mr_russell_cross.pdf- ./prohibition_order_mr_russell_cross.pdf-However, the Panel is concerned that Mr Cross engaged in deliberate actions of an ./prohibition_order_mr_russell_cross.pdf:explicitly sexual nature and that these acts took place on school premises. Mr Cross ./prohibition_order_mr_russell_cross.pdf-has admitted that there was a risk that pupils could have witnessed at least one act – ./prohibition_order_mr_russell_cross.pdf-the incident in which he ejaculated in the PE cupboard. ./prohibition_order_mr_russell_cross.pdf- ./prohibition_order_mr_russell_cross.pdf:Mr Cross has shown no insight into the serious nature of his sexual behaviour or ./prohibition_order_mr_russell_cross.pdf-how his self-declared “mistake” failed to safeguard pupils. Moreover, he has not ./prohibition_order_mr_russell_cross.pdf-recognised the impact of his conduct on the school and the reputation of the ./prohibition_order_mr_russell_cross.pdf-profession. The Panel considers that members of the public will be shocked and ./prohibition_order_mr_russell_cross.pdf-concerned by Mr Cross’s behaviour - both the conduct he admitted and the conduct ./prohibition_order_mr_russell_cross.pdf-it has found proved. There is significant potential for his conduct to have a negative ./prohibition_order_mr_russell_cross.pdf-impact on the teaching profession’s reputation and for public confidence in the ./prohibition_order_mr_russell_cross.pdf-profession to be significantly damaged. Mr Cross has sought to identify the ./prohibition_order_mr_russell_cross.pdf-circumstances that he – and his family – has endured as a consequence of his ./prohibition_order_mr_russell_cross.pdf-conduct but beyond these submissions the Panel has seen nothing in the mitigation ./prohibition_order_mr_russell_cross.pdf-offered by Mr Cross that such behaviour could not happen again. ./Prohibition_Order_Mr_Shoab_Sammar_Iqbal.pdf-The hearing took place in public and was recorded. ./Prohibition_Order_Mr_Shoab_Sammar_Iqbal.pdf- ./Prohibition_Order_Mr_Shoab_Sammar_Iqbal.pdf-B. Allegations ./Prohibition_Order_Mr_Shoab_Sammar_Iqbal.pdf- ./Prohibition_Order_Mr_Shoab_Sammar_Iqbal.pdf-The Panel considered the allegation set out in the Notice of Proceedings dated 25 ./Prohibition_Order_Mr_Shoab_Sammar_Iqbal.pdf-February 2013. ./Prohibition_Order_Mr_Shoab_Sammar_Iqbal.pdf- ./Prohibition_Order_Mr_Shoab_Sammar_Iqbal.pdf-It was alleged that Mr Shoab Iqbal was guilty of having been convicted of a relevant ./Prohibition_Order_Mr_Shoab_Sammar_Iqbal.pdf-offence, in that: ./Prohibition_Order_Mr_Shoab_Sammar_Iqbal.pdf- ./Prohibition_Order_Mr_Shoab_Sammar_Iqbal.pdf:1. On 10 May 2012, Mr Iqbal was convicted at South Essex Magistrates Court of ./Prohibition_Order_Mr_Shoab_Sammar_Iqbal.pdf- the offence of Exposure. As a result of this offence, he received a Community ./Prohibition_Order_Mr_Shoab_Sammar_Iqbal.pdf- Order with an Activity Requirement of 60 days. Mr Iqbal was placed on the ./Prohibition_Order_Mr_Shoab_Sammar_Iqbal.pdf- -- ./Prohibition_Order_Mr_Shoab_Sammar_Iqbal.pdf- 2 ./Prohibition_Order_Mr_Shoab_Sammar_Iqbal.pdf- ./Prohibition_Order_Mr_Shoab_Sammar_Iqbal.pdf- ./Prohibition_Order_Mr_Shoab_Sammar_Iqbal.pdf- Sex Offenders Register for 5 years and was ordered to pay costs of £135 and ./Prohibition_Order_Mr_Shoab_Sammar_Iqbal.pdf- compensation of £100. ./Prohibition_Order_Mr_Shoab_Sammar_Iqbal.pdf- ./Prohibition_Order_Mr_Shoab_Sammar_Iqbal.pdf:2. On 10 May 2012, Mr Iqbal was convicted at South Essex Magistrates Court of ./Prohibition_Order_Mr_Shoab_Sammar_Iqbal.pdf- the offence of Exposure. As a result of this offence, Mr Iqbal received a ./Prohibition_Order_Mr_Shoab_Sammar_Iqbal.pdf- Community Order with an Activity Requirement of 60 days. Mr Iqbal was ./Prohibition_Order_Mr_Shoab_Sammar_Iqbal.pdf- ordered to pay two compensation payments of £100. ./Prohibition_Order_Mr_Shoab_Sammar_Iqbal.pdf- ./Prohibition_Order_Mr_Shoab_Sammar_Iqbal.pdf- ./Prohibition_Order_Mr_Shoab_Sammar_Iqbal.pdf-Mr Iqbal admitted the facts of the allegation and accepts that he has been convicted ./Prohibition_Order_Mr_Shoab_Sammar_Iqbal.pdf-of a relevant offence. ./Prohibition_Order_Mr_Shoab_Sammar_Iqbal.pdf- ./Prohibition_Order_Mr_Shoab_Sammar_Iqbal.pdf-C. Preliminary Applications ./Prohibition_Order_Mr_Shoab_Sammar_Iqbal.pdf- -- ./Prohibition_Order_Mr_Shoab_Sammar_Iqbal.pdf- ./Prohibition_Order_Mr_Shoab_Sammar_Iqbal.pdf-We confirm that we have read all the documents provided in the bundle in advance ./Prohibition_Order_Mr_Shoab_Sammar_Iqbal.pdf-of the hearing. We confirm that we have considered all of the evidence which is ./Prohibition_Order_Mr_Shoab_Sammar_Iqbal.pdf-relevant to the allegations. ./Prohibition_Order_Mr_Shoab_Sammar_Iqbal.pdf- ./Prohibition_Order_Mr_Shoab_Sammar_Iqbal.pdf-Summary ./Prohibition_Order_Mr_Shoab_Sammar_Iqbal.pdf- ./Prohibition_Order_Mr_Shoab_Sammar_Iqbal.pdf-Mr Shoab Iqbal commenced employment at Sir George Monoux College, ./Prohibition_Order_Mr_Shoab_Sammar_Iqbal.pdf-Walthamstow as a sports teacher in August 2009. On 10 April 2012, Mr Iqbal was ./Prohibition_Order_Mr_Shoab_Sammar_Iqbal.pdf-arrested on suspicion of exposure. He had been shopping at the Lakeside Shopping ./Prohibition_Order_Mr_Shoab_Sammar_Iqbal.pdf:Centre, Essex and at approximately 4 pm Mr Iqbal entered a women's clothing shop. ./Prohibition_Order_Mr_Shoab_Sammar_Iqbal.pdf-He explained that he worked as a life model and that an artist who he had been due ./Prohibition_Order_Mr_Shoab_Sammar_Iqbal.pdf-to sit for had asked him to wear particular forms of women's clothing for some ./Prohibition_Order_Mr_Shoab_Sammar_Iqbal.pdf-pictures. Mr Iqbal had asked a shop assistant to find him a "see-through" top. Mr ./Prohibition_Order_Mr_Shoab_Sammar_Iqbal.pdf-Iqbal had changed in the changing rooms and, a short time later, asked for help from ./Prohibition_Order_Mr_Shoab_Sammar_Iqbal.pdf-the assistant. Mr Iqbal was wearing the top, but was naked from the waist down. On ./Prohibition_Order_Mr_Shoab_Sammar_Iqbal.pdf-the same day, at approximately 7 pm, Mr Iqbal entered a different women's clothing ./Prohibition_Order_Mr_Shoab_Sammar_Iqbal.pdf-shop. Once again he asked an assistant for help in finding certain clothing. He ./Prohibition_Order_Mr_Shoab_Sammar_Iqbal.pdf-explained that he was working as a life model and needed to find specific clothing. ./Prohibition_Order_Mr_Shoab_Sammar_Iqbal.pdf-Mr Iqbal, once again, changed in the changing rooms before subsequently asking an ./Prohibition_Order_Mr_Shoab_Sammar_Iqbal.pdf-assistant to help him. When the shop assistant met Mr Iqbal in the changing room, ./Prohibition_Order_Mr_Shoab_Sammar_Iqbal.pdf-he was only wearing the top and was naked from the waist down. ./Prohibition_Order_Mr_Shoab_Sammar_Iqbal.pdf- ./Prohibition_Order_Mr_Shoab_Sammar_Iqbal.pdf:On 10 May 2012 Mr Iqbal was convicted of two counts of exposure at South Essex ./Prohibition_Order_Mr_Shoab_Sammar_Iqbal.pdf-Magistrates court and was sentenced to a community order of 18 months and was ./Prohibition_Order_Mr_Shoab_Sammar_Iqbal.pdf-placed on the Sex Offenders Register for a period of five years. ./Prohibition_Order_Mr_Shoab_Sammar_Iqbal.pdf- -- ./Prohibition_Order_Mr_Shoab_Sammar_Iqbal.pdf- 6 ./Prohibition_Order_Mr_Shoab_Sammar_Iqbal.pdf- ./Prohibition_Order_Mr_Shoab_Sammar_Iqbal.pdf- ./Prohibition_Order_Mr_Shoab_Sammar_Iqbal.pdf-Allegation ./Prohibition_Order_Mr_Shoab_Sammar_Iqbal.pdf-The Panel considered an allegation set out on the Notice of Proceedings dated 25 ./Prohibition_Order_Mr_Shoab_Sammar_Iqbal.pdf-February 2013. It was alleged that you are guilty of having been convicted at any ./Prohibition_Order_Mr_Shoab_Sammar_Iqbal.pdf-time of a relevant offence, namely: ./Prohibition_Order_Mr_Shoab_Sammar_Iqbal.pdf:1. On 10 May 2012, you were convicted at South Essex Magistrates Court of the ./Prohibition_Order_Mr_Shoab_Sammar_Iqbal.pdf- offence of Exposure. As a result of this offence, you received a Community ./Prohibition_Order_Mr_Shoab_Sammar_Iqbal.pdf- Order with an Activity Requirement of 60 days. You were placed on the Sex ./Prohibition_Order_Mr_Shoab_Sammar_Iqbal.pdf- Offenders Register for 5 years and were ordered to pay costs of £135 and ./Prohibition_Order_Mr_Shoab_Sammar_Iqbal.pdf- compensation of £100. ./Prohibition_Order_Mr_Shoab_Sammar_Iqbal.pdf- ./Prohibition_Order_Mr_Shoab_Sammar_Iqbal.pdf:2. On 10 May 2012, you were convicted at South Essex Magistrates Court of the ./Prohibition_Order_Mr_Shoab_Sammar_Iqbal.pdf- offence of Exposure. As a result of this offence, you received a Community ./Prohibition_Order_Mr_Shoab_Sammar_Iqbal.pdf- Order with an Activity Requirement of 60 days. You were ordered to pay two ./Prohibition_Order_Mr_Shoab_Sammar_Iqbal.pdf- compensation payments of £100. ./Prohibition_Order_Mr_Shoab_Sammar_Iqbal.pdf- ./Prohibition_Order_Mr_Shoab_Sammar_Iqbal.pdf-Findings of fact ./Prohibition_Order_Mr_Shoab_Sammar_Iqbal.pdf- ./Prohibition_Order_Mr_Shoab_Sammar_Iqbal.pdf-Our findings of fact are as follows: ./Prohibition_Order_Mr_Shoab_Sammar_Iqbal.pdf- ./Prohibition_Order_Mr_Shoab_Sammar_Iqbal.pdf-With respect to particulars 1 and 2 ./Prohibition_Order_Mr_Shoab_Sammar_Iqbal.pdf- ./Prohibition_Order_Mr_Shoab_Sammar_Iqbal.pdf-We considered all of the evidence which is relevant to these particulars. We ./Prohibition_Order_Mr_Shoab_Sammar_Iqbal.pdf-considered all of the relevant documentary evidence presented within the bundle. ./Prohibition_Order_Mr_Shoab_Sammar_Iqbal.pdf- ./Prohibition_Order_Mr_Shoab_Sammar_Iqbal.pdf-We have considered the Statement of Agreed Facts which you signed on 17 January ./Prohibition_Order_Mr_Shoab_Sammar_Iqbal.pdf:2013. You admit that you were convicted at South Essex Magistrates Court of two ./Prohibition_Order_Mr_Shoab_Sammar_Iqbal.pdf-offences of exposure. ./Prohibition_Order_Mr_Shoab_Sammar_Iqbal.pdf- ./Prohibition_Order_Mr_Shoab_Sammar_Iqbal.pdf:We have considered the correspondence from Essex police which states that you ./Prohibition_Order_Mr_Shoab_Sammar_Iqbal.pdf-were convicted of the offences which are alleged in the Notice of Proceedings. In ./Prohibition_Order_Mr_Shoab_Sammar_Iqbal.pdf-addition, we have considered the witness statements collated as part of the police ./Prohibition_Order_Mr_Shoab_Sammar_Iqbal.pdf-investigation. ./Prohibition_Order_Mr_Shoab_Sammar_Iqbal.pdf- ./Prohibition_Order_Mr_Shoab_Sammar_Iqbal.pdf-On the basis of the evidence contained within the bundle and your admission, we ./Prohibition_Order_Mr_Shoab_Sammar_Iqbal.pdf-find the facts of the allegation proven. ./Prohibition_Order_Mr_Shoab_Sammar_Iqbal.pdf- ./Prohibition_Order_Mr_Shoab_Sammar_Iqbal.pdf-Findings as to conviction of a relevant offence ./Prohibition_Order_Mr_Shoab_Sammar_Iqbal.pdf- ./Prohibition_Order_Mr_Shoab_Sammar_Iqbal.pdf-We have carefully considered whether the convictions which we have found proven -- ./Prohibition_Order_Mr_Shoab_Sammar_Iqbal.pdf- 7 ./Prohibition_Order_Mr_Shoab_Sammar_Iqbal.pdf- ./Prohibition_Order_Mr_Shoab_Sammar_Iqbal.pdf- ./Prohibition_Order_Mr_Shoab_Sammar_Iqbal.pdf-We have carefully considered the offences for which you were convicted. We have ./Prohibition_Order_Mr_Shoab_Sammar_Iqbal.pdf-considered the gravity of the offences carefully and have noted that you are ./Prohibition_Order_Mr_Shoab_Sammar_Iqbal.pdf-registered on the Sex Offenders Register. We are satisfied that the nature of your ./Prohibition_Order_Mr_Shoab_Sammar_Iqbal.pdf:conviction falls within the category of serious sexual misconduct. ./Prohibition_Order_Mr_Shoab_Sammar_Iqbal.pdf- ./Prohibition_Order_Mr_Shoab_Sammar_Iqbal.pdf-In all of the circumstances, we are satisfied that your convictions are relevant to your ./Prohibition_Order_Mr_Shoab_Sammar_Iqbal.pdf-fitness to be a teacher and amount to the conviction of relevant offences. ./Prohibition_Order_Mr_Shoab_Sammar_Iqbal.pdf- ./Prohibition_Order_Mr_Shoab_Sammar_Iqbal.pdf-Panel’s Recommendation to the Secretary of State ./Prohibition_Order_Mr_Shoab_Sammar_Iqbal.pdf- ./Prohibition_Order_Mr_Shoab_Sammar_Iqbal.pdf-Given the Panel's findings in respect of Mr Iqbal's conviction of relevant offences, it ./Prohibition_Order_Mr_Shoab_Sammar_Iqbal.pdf-is necessary for the Panel to go on to consider whether it would be appropriate to ./Prohibition_Order_Mr_Shoab_Sammar_Iqbal.pdf-recommend the imposition of a Prohibition Order by the Secretary of State. ./Prohibition_Order_Mr_Shoab_Sammar_Iqbal.pdf- ./Prohibition_Order_Mr_Shoab_Sammar_Iqbal.pdf-In making this judgment, the Panel had at the forefront of its deliberations whether a ./Prohibition_Order_Mr_Shoab_Sammar_Iqbal.pdf-Prohibition Order would be a proportionate measure and in the public interest in ./Prohibition_Order_Mr_Shoab_Sammar_Iqbal.pdf-relation to the allegations that we have found proven. ./Prohibition_Order_Mr_Shoab_Sammar_Iqbal.pdf- ./Prohibition_Order_Mr_Shoab_Sammar_Iqbal.pdf-Mr Iqbal's actions were deliberate and, we note, that the criminal offence of ./Prohibition_Order_Mr_Shoab_Sammar_Iqbal.pdf-Exposure requires the offender to have intended to cause alarm or distress. Whilst ./Prohibition_Order_Mr_Shoab_Sammar_Iqbal.pdf-he denies that he intended to cause alarm or distress, we are not in a position to ./Prohibition_Order_Mr_Shoab_Sammar_Iqbal.pdf-question or go behind the conviction. We have noted that he admitted his guilt to the ./Prohibition_Order_Mr_Shoab_Sammar_Iqbal.pdf:charge of Exposure before South Essex Magistrates Court. Whilst Mr Iqbal has ./Prohibition_Order_Mr_Shoab_Sammar_Iqbal.pdf-stated that he regrets his actions and has reflected on them, we do not believe that ./Prohibition_Order_Mr_Shoab_Sammar_Iqbal.pdf-he has shown adequate insight into his behaviour and still appears to not accept full ./Prohibition_Order_Mr_Shoab_Sammar_Iqbal.pdf-responsibility for his actions. ./Prohibition_Order_Mr_Shoab_Sammar_Iqbal.pdf- ./Prohibition_Order_Mr_Shoab_Sammar_Iqbal.pdf-The Panel had reference to the relevant Advice in respect of the public interest ./Prohibition_Order_Mr_Shoab_Sammar_Iqbal.pdf-considerations which are relevant to this decision. Having done so the Panel found ./Prohibition_Order_Mr_Shoab_Sammar_Iqbal.pdf-that the public interest considerations, namely, the protection of members of the ./Prohibition_Order_Mr_Shoab_Sammar_Iqbal.pdf-public, the maintenance of public confidence in the profession as well the need to ./Prohibition_Order_Mr_Shoab_Sammar_Iqbal.pdf-declare and uphold proper standards of conduct, are relevant to this case. Mr ./Prohibition_Order_Mr_Shoab_Sammar_Iqbal.pdf-Iqbal's behaviour was deliberate and represents a serious and fundamental -- ./Prohibition_Order_Mr_Shoab_Sammar_Iqbal.pdf- ./Prohibition_Order_Mr_Shoab_Sammar_Iqbal.pdf-The Panel went on to consider whether or not it would be appropriate to recommend ./Prohibition_Order_Mr_Shoab_Sammar_Iqbal.pdf-that a review period of the order should be considered. The Panel was mindful that ./Prohibition_Order_Mr_Shoab_Sammar_Iqbal.pdf-the Advice given is that a Prohibition Order applies for life, but that there may be ./Prohibition_Order_Mr_Shoab_Sammar_Iqbal.pdf-circumstances in any given case that may make it appropriate for a review period of ./Prohibition_Order_Mr_Shoab_Sammar_Iqbal.pdf-not less than two years to be recommended in order for the teacher to apply to set ./Prohibition_Order_Mr_Shoab_Sammar_Iqbal.pdf-aside the order. ./Prohibition_Order_Mr_Shoab_Sammar_Iqbal.pdf- ./Prohibition_Order_Mr_Shoab_Sammar_Iqbal.pdf-We have noted that Mr Iqbal has shown a degree of reflection into his actions and ./Prohibition_Order_Mr_Shoab_Sammar_Iqbal.pdf-we have noted that he admitted his guilt before this Panel, as well as before South ./Prohibition_Order_Mr_Shoab_Sammar_Iqbal.pdf:Essex Magistrates Court. Mr Iqbal has been open with this Panel and gave ./Prohibition_Order_Mr_Shoab_Sammar_Iqbal.pdf-evidence candidly about his circumstances. He has presented professional ./Prohibition_Order_Mr_Shoab_Sammar_Iqbal.pdf-testimonials which are supportive of his ability as a teacher. ./Prohibition_Order_Mr_Shoab_Sammar_Iqbal.pdf- ./Prohibition_Order_Mr_Shoab_Sammar_Iqbal.pdf-In all of the circumstances relevant to this case, we have decided that it would be ./Prohibition_Order_Mr_Shoab_Sammar_Iqbal.pdf-appropriate and proportionate to recommend that Mr Iqbal should be given the ./Prohibition_Order_Mr_Shoab_Sammar_Iqbal.pdf-opportunity to apply to review the Order after a period of four years has lapsed. We ./Prohibition_Order_Mr_Shoab_Sammar_Iqbal.pdf-consider that the period of four years is appropriate because of the seriousness with ./Prohibition_Order_Mr_Shoab_Sammar_Iqbal.pdf-which we view Mr Iqbal's failure to uphold fundamental expectations of a teacher's ./Prohibition_Order_Mr_Shoab_Sammar_Iqbal.pdf-behaviour. We do not believe that, given the seriousness of Mr Iqbal's actions, it ./Prohibition_Order_Mr_Shoab_Sammar_Iqbal.pdf-would be appropriate for any period of review to reflect the minimum timescale and, ./prohibition_order_mr_stephen_andrew_watson.pdf- ./prohibition_order_mr_stephen_andrew_watson.pdf-4. Stephen Watson was originally notified of the School’s investigation on 15 May ./prohibition_order_mr_stephen_andrew_watson.pdf- 2012 by Individual B. A copy of this letter is at document 6. ./prohibition_order_mr_stephen_andrew_watson.pdf- ./prohibition_order_mr_stephen_andrew_watson.pdf-5. Following an initial police investigation, the Academy decided that they would ./prohibition_order_mr_stephen_andrew_watson.pdf- conduct their own internal investigation. Individual B contacted Individual C and ./prohibition_order_mr_stephen_andrew_watson.pdf- asked him to be the investigating officer. Individual C began his investigation ./prohibition_order_mr_stephen_andrew_watson.pdf- on 17 May 2012. ./prohibition_order_mr_stephen_andrew_watson.pdf- ./prohibition_order_mr_stephen_andrew_watson.pdf-6. The allegation being investigated was that Stephen Watson had an inappropriate ./prohibition_order_mr_stephen_andrew_watson.pdf: relationship of a sexual nature with a student of the Academy. The allegation ./prohibition_order_mr_stephen_andrew_watson.pdf- came to light after two male students from the Academy hacked into the ./prohibition_order_mr_stephen_andrew_watson.pdf- student’s email account and found messages between her and Stephen Watson, ./prohibition_order_mr_stephen_andrew_watson.pdf- many of which were seen to be inappropriate. ./prohibition_order_mr_stephen_andrew_watson.pdf- ./prohibition_order_mr_stephen_andrew_watson.pdf-7. The student believed to be involved was Pupil A. Pupil A was 17 years old at the ./prohibition_order_mr_stephen_andrew_watson.pdf- time that the events referred to in the allegation occurred. ./prohibition_order_mr_stephen_andrew_watson.pdf- -- ./prohibition_order_mr_stephen_andrew_watson.pdf-30. Both Stephen Watson and Pupil A then gave similar accounts when questioned ./prohibition_order_mr_stephen_andrew_watson.pdf- about the email she sent to him on 1 April 2012 saying “I just wanted to send you ./prohibition_order_mr_stephen_andrew_watson.pdf- a message just to let you know that I wish you were here cuddling me right now, ./prohibition_order_mr_stephen_andrew_watson.pdf- kissing me all over. And me doing the same to you. And then a nice cuddle, ./prohibition_order_mr_stephen_andrew_watson.pdf- wearing nothing under a blanket”. Pupil A said “they are just words, nothing ever ./prohibition_order_mr_stephen_andrew_watson.pdf- happened”. ./prohibition_order_mr_stephen_andrew_watson.pdf- ./prohibition_order_mr_stephen_andrew_watson.pdf-31. On 5 April 2012 Stephen Watson messaged Pupil A again to say “I can’t wait for ./prohibition_order_mr_stephen_andrew_watson.pdf- all these rumoured surprises”. Stephen Watson revealed in his interview with ./prohibition_order_mr_stephen_andrew_watson.pdf- Paul Lobb that he did not know what these surprises were as he had not seen ./prohibition_order_mr_stephen_andrew_watson.pdf: the emails. He continually denied that the emails contained any sexual ./prohibition_order_mr_stephen_andrew_watson.pdf- connotations. ./prohibition_order_mr_stephen_andrew_watson.pdf- ./prohibition_order_mr_stephen_andrew_watson.pdf-32. Stephen Watson admits allegation 4, namely that he engaged in inappropriate ./prohibition_order_mr_stephen_andrew_watson.pdf- email communication with Pupil A. ./prohibition_order_mr_stephen_andrew_watson.pdf- ./prohibition_order_mr_stephen_andrew_watson.pdf-Allegation 5 ./prohibition_order_mr_stephen_andrew_watson.pdf- ./prohibition_order_mr_stephen_andrew_watson.pdf-33. An email sent on 15 April 2012 from Stephen Watson to Pupil A at 09.56am was ./prohibition_order_mr_stephen_andrew_watson.pdf- sent whilst Stephen Watson was scheduled to teach a Year 12 Hospitality group. ./prohibition_order_mr_stephen_andrew_watson.pdf- This is the email referred to at paragraph 25 above. Stephen Watson admits ./Prohibition_order_Mr_Stephen_Bowers.pdf- 1. He had an inappropriate relationship with a pupil A. In particular he: ./Prohibition_order_Mr_Stephen_Bowers.pdf- ./Prohibition_order_Mr_Stephen_Bowers.pdf- a. communicated with Pupil A on the website “sillygoth.com”; ./Prohibition_order_Mr_Stephen_Bowers.pdf- ./Prohibition_order_Mr_Stephen_Bowers.pdf- b. took Pupil A and Pupil B to a music concert in Manchester in February 2004; ./Prohibition_order_Mr_Stephen_Bowers.pdf- ./Prohibition_order_Mr_Stephen_Bowers.pdf- c. Regularly communicated with Pupil A via text message; ./Prohibition_order_Mr_Stephen_Bowers.pdf- ./Prohibition_order_Mr_Stephen_Bowers.pdf- d. Kissed Pupil A on one or more occasions including on School grounds; ./Prohibition_order_Mr_Stephen_Bowers.pdf- ./Prohibition_order_Mr_Stephen_Bowers.pdf: e. Had sexual intercourse with Pupil A on one or more occasions whilst she was ./Prohibition_order_Mr_Stephen_Bowers.pdf- under the legal consensual age; ./Prohibition_order_Mr_Stephen_Bowers.pdf- ./Prohibition_order_Mr_Stephen_Bowers.pdf: 2. His conduct was sexually motivated with the intention of establishing a sexual ./Prohibition_order_Mr_Stephen_Bowers.pdf- relationship with Pupil A. ./Prohibition_order_Mr_Stephen_Bowers.pdf- ./Prohibition_order_Mr_Stephen_Bowers.pdf- 3. Mr Bowers has admitted the particulars of the allegations 1a and 1b. ./Prohibition_order_Mr_Stephen_Bowers.pdf- ./Prohibition_order_Mr_Stephen_Bowers.pdf- 4. Mr Bowers has not admitted that those facts of allegations 1a and 1b amount to ./Prohibition_order_Mr_Stephen_Bowers.pdf- unacceptable professional conduct and/or conduct that may bring the profession ./Prohibition_order_Mr_Stephen_Bowers.pdf- into disrepute. ./Prohibition_order_Mr_Stephen_Bowers.pdf- ./Prohibition_order_Mr_Stephen_Bowers.pdf- ./Prohibition_order_Mr_Stephen_Bowers.pdf-C. Preliminary applications -- ./Prohibition_order_Mr_Stephen_Bowers.pdf- ./Prohibition_order_Mr_Stephen_Bowers.pdf-We have now carefully considered the case before us and have reached a decision. ./Prohibition_order_Mr_Stephen_Bowers.pdf- ./Prohibition_order_Mr_Stephen_Bowers.pdf-We confirm that we have read all the documents provided in the bundle in advance of the ./Prohibition_order_Mr_Stephen_Bowers.pdf-hearing. ./Prohibition_order_Mr_Stephen_Bowers.pdf- ./Prohibition_order_Mr_Stephen_Bowers.pdf-Summary of Evidence ./Prohibition_order_Mr_Stephen_Bowers.pdf- ./Prohibition_order_Mr_Stephen_Bowers.pdf-Mr Bowers had been employed at Carleton Community High School between September ./Prohibition_order_Mr_Stephen_Bowers.pdf-2001 and December 2006 as an English teacher. It was alleged that during that time, Mr ./Prohibition_order_Mr_Stephen_Bowers.pdf:Bowers entered into an inappropriate and sexual relationship with a pupil. In particular, it ./Prohibition_order_Mr_Stephen_Bowers.pdf-was alleged that he communicated with the pupil by text message and via a website; took ./Prohibition_order_Mr_Stephen_Bowers.pdf-her with another pupil to a music concert; kissed her on one or more occasion and had ./Prohibition_order_Mr_Stephen_Bowers.pdf- ./Prohibition_order_Mr_Stephen_Bowers.pdf- ./Prohibition_order_Mr_Stephen_Bowers.pdf- ./Prohibition_order_Mr_Stephen_Bowers.pdf- 5 ./Prohibition_order_Mr_Stephen_Bowers.pdf- -- ./Prohibition_order_Mr_Stephen_Bowers.pdf:sexual intercourse with her on one or more occasions whilst she was under the legal ./Prohibition_order_Mr_Stephen_Bowers.pdf-consensual age. ./Prohibition_order_Mr_Stephen_Bowers.pdf- ./Prohibition_order_Mr_Stephen_Bowers.pdf-Findings of Fact ./Prohibition_order_Mr_Stephen_Bowers.pdf- ./Prohibition_order_Mr_Stephen_Bowers.pdf-Our findings of fact are as follows: ./Prohibition_order_Mr_Stephen_Bowers.pdf- ./Prohibition_order_Mr_Stephen_Bowers.pdf-We have found the following particulars of the allegations against you proven, for these ./Prohibition_order_Mr_Stephen_Bowers.pdf-reasons: ./Prohibition_order_Mr_Stephen_Bowers.pdf- ./Prohibition_order_Mr_Stephen_Bowers.pdf- -- ./Prohibition_order_Mr_Stephen_Bowers.pdf-have sent texts to him whilst she was a pupil at school. The Panel is of the view that, on ./Prohibition_order_Mr_Stephen_Bowers.pdf-the balance of probabilities, Pupil A did have Mr Bowers’ mobile telephone number and ./Prohibition_order_Mr_Stephen_Bowers.pdf-that Pupil A and Mr Bowers did communicate by text message. ./Prohibition_order_Mr_Stephen_Bowers.pdf- ./Prohibition_order_Mr_Stephen_Bowers.pdf-The Panel therefore finds this allegation proved. ./Prohibition_order_Mr_Stephen_Bowers.pdf- ./Prohibition_order_Mr_Stephen_Bowers.pdf- ./Prohibition_order_Mr_Stephen_Bowers.pdf-d. Kissed Pupil A on one or more occasions including on School ./Prohibition_order_Mr_Stephen_Bowers.pdf-grounds; ./Prohibition_order_Mr_Stephen_Bowers.pdf-The Panel considered the evidence from Pupil A in her statement that, aside from the ./Prohibition_order_Mr_Stephen_Bowers.pdf:occasions when she alleges sexual intercourse took place, there were two occasions ./Prohibition_order_Mr_Stephen_Bowers.pdf-when Pupil A says she and Mr Bowers kissed. One such occasion was in a cupboard in ./Prohibition_order_Mr_Stephen_Bowers.pdf- ./Prohibition_order_Mr_Stephen_Bowers.pdf- ./Prohibition_order_Mr_Stephen_Bowers.pdf- 8 ./Prohibition_order_Mr_Stephen_Bowers.pdf- -- ./Prohibition_order_Mr_Stephen_Bowers.pdf:e. Had sexual intercourse with Pupil A on one or more occasions ./Prohibition_order_Mr_Stephen_Bowers.pdf-whilst she was under the legal consensual age. ./Prohibition_order_Mr_Stephen_Bowers.pdf-The Panel considered the evidence given by Pupil A, given to the police initially and both ./Prohibition_order_Mr_Stephen_Bowers.pdf-in her statement and during oral evidence when she described two occasions when she ./Prohibition_order_Mr_Stephen_Bowers.pdf:and Mr Bowers engaged in sexual intercourse. The Panel found her evidence to be ./Prohibition_order_Mr_Stephen_Bowers.pdf-broadly consistent on each occasion. The Panel also noted that the matters which are ./Prohibition_order_Mr_Stephen_Bowers.pdf-alleged and which were the subject of the criminal trial, were not reported by Pupil A and ./Prohibition_order_Mr_Stephen_Bowers.pdf-were in fact reported to the police following a disclosure by a health professional some 10 ./Prohibition_order_Mr_Stephen_Bowers.pdf-years after the alleged events. In Pupil A’s statement (Page 19 of the hearing bundle, ./Prohibition_order_Mr_Stephen_Bowers.pdf-Paragraph 36), she confirmed that she had not intended to bring the matters to the ./Prohibition_order_Mr_Stephen_Bowers.pdf-attention of the police. ./Prohibition_order_Mr_Stephen_Bowers.pdf- ./Prohibition_order_Mr_Stephen_Bowers.pdf-The first alleged occasion was at Mr Bowers’ house in Leeds, during the summer of 2004 ./Prohibition_order_Mr_Stephen_Bowers.pdf-(Paragraphs 15-16, Page 16 of Pupil A’s witness statement), and the other a few days ./Prohibition_order_Mr_Stephen_Bowers.pdf-prior to Pupil A’s 16th birthday on 27 October 2004 (Paragraphs 18-24, Page 17 of Pupil ./Prohibition_order_Mr_Stephen_Bowers.pdf-A’s witness statement). The Panel heard evidence from Mr Bowers that at no time did he ./Prohibition_order_Mr_Stephen_Bowers.pdf:engage in sexual intercourse with Pupil A nor did he engage in any sexual activity ./Prohibition_order_Mr_Stephen_Bowers.pdf-whatsoever (Paragraph 55, Page 13 of Mr Bowers’ second witness statement). ./Prohibition_order_Mr_Stephen_Bowers.pdf- ./Prohibition_order_Mr_Stephen_Bowers.pdf-The Panel noted that Mr Bowers was acquitted at a criminal trial of the charges against ./Prohibition_order_Mr_Stephen_Bowers.pdf:him concerning sexual relations with Pupil A. ./Prohibition_order_Mr_Stephen_Bowers.pdf- ./Prohibition_order_Mr_Stephen_Bowers.pdf-The Panel took into account that there were no witnesses to Pupil A going to Mr Bowers’ ./Prohibition_order_Mr_Stephen_Bowers.pdf-house on either occasion and Pupil A’s evidence is that she told no-one at the time. ./Prohibition_order_Mr_Stephen_Bowers.pdf-However, Pupil A apparently told Pupil B of the events but much later, on New Year’s ./Prohibition_order_Mr_Stephen_Bowers.pdf-Eve 2007, according to the evidence of Pupil B given at the criminal trial (Page 101 of the ./Prohibition_order_Mr_Stephen_Bowers.pdf-hearing bundle). Mr Bowers suggests in his evidence that the timing of this is significant ./Prohibition_order_Mr_Stephen_Bowers.pdf-because it was in the same month that he got married. ./Prohibition_order_Mr_Stephen_Bowers.pdf- ./Prohibition_order_Mr_Stephen_Bowers.pdf-The Panel considered the oral evidence given by Pupil A concerning the house of Mr ./Prohibition_order_Mr_Stephen_Bowers.pdf-Bowers and her recollection of it. Mr Bowers gave a similar description of it during his oral ./Prohibition_order_Mr_Stephen_Bowers.pdf-evidence and that was broadly consistent with the description Pupil A gave, albeit Mr ./Prohibition_order_Mr_Stephen_Bowers.pdf-Bowers described a third floor (a loft conversion). Mr Bowers also described an “ugly” ./Prohibition_order_Mr_Stephen_Bowers.pdf-fireplace in the sitting room which he would expect a description to contain and he ./Prohibition_order_Mr_Stephen_Bowers.pdf-explained that there were no patio doors, contrary to Pupil A’s description. Mr Bowers ./Prohibition_order_Mr_Stephen_Bowers.pdf-suggested that Pupil A may have visited the house and looked through the window which ./Prohibition_order_Mr_Stephen_Bowers.pdf-enabled her to give the description. ./Prohibition_order_Mr_Stephen_Bowers.pdf- ./Prohibition_order_Mr_Stephen_Bowers.pdf:The Panel finds the most detailed account of the two occasions of alleged sexual ./Prohibition_order_Mr_Stephen_Bowers.pdf-intercourse was given by Pupil A to the police when she was interviewed in March 2012. ./Prohibition_order_Mr_Stephen_Bowers.pdf-The Panel was shown a recording of this interview during the hearing. The Panel found ./Prohibition_order_Mr_Stephen_Bowers.pdf:Pupil A’s descriptions of the sexual intercourse to be credible. Pupil A went on, during ./Prohibition_order_Mr_Stephen_Bowers.pdf:that interview, to describe the sexual intercourse which took place in late October 2004 ./Prohibition_order_Mr_Stephen_Bowers.pdf-and the Panel found her descriptions to be similarly credible. ./Prohibition_order_Mr_Stephen_Bowers.pdf- ./Prohibition_order_Mr_Stephen_Bowers.pdf- 10 ./Prohibition_order_Mr_Stephen_Bowers.pdf- -- ./Prohibition_order_Mr_Stephen_Bowers.pdf:Pupil A also gave evidence that during their first sexual encounter Mr Bowers asked her ./Prohibition_order_Mr_Stephen_Bowers.pdf:for oral sex which she refused (Paragraph 16, Page 16 of Pupil A’s witness statement). ./Prohibition_order_Mr_Stephen_Bowers.pdf-Mr Bowers also gave evidence that he, some time later in February or March 2006, ./Prohibition_order_Mr_Stephen_Bowers.pdf:received a text message from Pupil A out of the blue in which oral sex was discussed ./Prohibition_order_Mr_Stephen_Bowers.pdf-(Paragraph 19, Page 38 of Mr Bowers’ witness statement). The Panel finds this to be ./Prohibition_order_Mr_Stephen_Bowers.pdf-consistent with the possibility that Mr Bowers and Pupil A had, at some stage earlier, ./Prohibition_order_Mr_Stephen_Bowers.pdf:discussed oral sex. ./Prohibition_order_Mr_Stephen_Bowers.pdf- ./Prohibition_order_Mr_Stephen_Bowers.pdf-The Panel has considered the evidence that Pupil A’s behaviour and attitude towards Mr ./Prohibition_order_Mr_Stephen_Bowers.pdf-Bowers changed from around the end of October 2004 and find the timing of that to be ./Prohibition_order_Mr_Stephen_Bowers.pdf:significant given Pupil A’s evidence that they had sexual intercourse at the end of ./Prohibition_order_Mr_Stephen_Bowers.pdf-October 2004 and thereafter she ended their relationship. Pupil B gave evidence in the ./Prohibition_order_Mr_Stephen_Bowers.pdf-criminal trial from her diary entries which refer to Pupil A and Mr Bowers having split up. ./Prohibition_order_Mr_Stephen_Bowers.pdf-The Panel took into account these diary entries although attach less weight to them ./Prohibition_order_Mr_Stephen_Bowers.pdf-having not heard oral evidence from Pupil B. ./Prohibition_order_Mr_Stephen_Bowers.pdf- ./Prohibition_order_Mr_Stephen_Bowers.pdf-The Panel has considered all the evidence and, on the balance of probabilities, finds the ./Prohibition_order_Mr_Stephen_Bowers.pdf-facts of this allegation to have been proved. The Panel found the oral evidence of Pupil A ./Prohibition_order_Mr_Stephen_Bowers.pdf:credible and was persuaded that sexual intercourse did take place between Pupil A and ./Prohibition_order_Mr_Stephen_Bowers.pdf-Mr Bowers on one or more occasions. Mr Bowers gave blanket denials about the alleged ./Prohibition_order_Mr_Stephen_Bowers.pdf-incidents. In relation to the second alleged incident in particular, Pupil A confirmed that ./Prohibition_order_Mr_Stephen_Bowers.pdf-this took place a few days before 27 October 2004 (Paragraph 18 of her witness ./Prohibition_order_Mr_Stephen_Bowers.pdf-statement, Page 17 of the hearing bundle). Mr Bowers, despite the possible date being ./Prohibition_order_Mr_Stephen_Bowers.pdf-narrowed down to a few days, did not try to provide the Panel with reasons why the ./Prohibition_order_Mr_Stephen_Bowers.pdf-incident could not have occurred. The Panel took into account the passage of time which ./Prohibition_order_Mr_Stephen_Bowers.pdf-might make exact recollection difficult but the date would have been around or during the ./Prohibition_order_Mr_Stephen_Bowers.pdf-half term week in October 2004 which would have made it more memorable for a teacher ./Prohibition_order_Mr_Stephen_Bowers.pdf-and easier to check. The Panel did not find Mr Bowers’ denials convincing, partly ./Prohibition_order_Mr_Stephen_Bowers.pdf-because he did not attempt to provide any explanations about why the events could not -- ./Prohibition_order_Mr_Stephen_Bowers.pdf-discuss possible concerns about Pupil A with a senior member of staff. This was ./Prohibition_order_Mr_Stephen_Bowers.pdf-following concerns being raised by Pupil A’s guardian. The Panel heard no evidence that ./Prohibition_order_Mr_Stephen_Bowers.pdf-at any point, in spite of the above incidences and events, did Mr Bowers take the initiative ./Prohibition_order_Mr_Stephen_Bowers.pdf-to report or discuss concerns about Pupil A with senior staff or with anyone. ./Prohibition_order_Mr_Stephen_Bowers.pdf- ./Prohibition_order_Mr_Stephen_Bowers.pdf-The Panel finds this evidence and Mr Bowers’ version of events to be highly relevant to ./Prohibition_order_Mr_Stephen_Bowers.pdf-the context and it has been influential in the decisions made on the findings on the ./Prohibition_order_Mr_Stephen_Bowers.pdf-allegations. ./Prohibition_order_Mr_Stephen_Bowers.pdf- ./Prohibition_order_Mr_Stephen_Bowers.pdf- ./Prohibition_order_Mr_Stephen_Bowers.pdf:2 Your conduct was sexually motivated with the intention of ./Prohibition_order_Mr_Stephen_Bowers.pdf:establishing a sexual relationship with Pupil A. ./Prohibition_order_Mr_Stephen_Bowers.pdf-The Panel considered the evidence of Mr Bowers which was that he may have been “too ./Prohibition_order_Mr_Stephen_Bowers.pdf-emotionally involved with his entire tutor group” (Paragraph 66, Page 16 of his second ./Prohibition_order_Mr_Stephen_Bowers.pdf-witness statement) and the Panel heard a significant amount of evidence which ./Prohibition_order_Mr_Stephen_Bowers.pdf-demonstrated to the Panel that this was in fact the case - taking pupils to concerts/gigs of ./Prohibition_order_Mr_Stephen_Bowers.pdf-up to 50 in a 5 year period (Paragraph 46, Page 11 of Mr Bowers’ second witness ./Prohibition_order_Mr_Stephen_Bowers.pdf-statement); asking pupils for advice about which Valentine’s Day card to send to a ./Prohibition_order_Mr_Stephen_Bowers.pdf- ./Prohibition_order_Mr_Stephen_Bowers.pdf- ./Prohibition_order_Mr_Stephen_Bowers.pdf- 12 ./Prohibition_order_Mr_Stephen_Bowers.pdf- -- ./Prohibition_order_Mr_Stephen_Bowers.pdf-girlfriend and allowing pupils to be aware of a romantic relationship with a woman in ./Prohibition_order_Mr_Stephen_Bowers.pdf-America (Paragraph 22, Page 5 of Mr Bowers’ second witness statement). ./Prohibition_order_Mr_Stephen_Bowers.pdf- ./Prohibition_order_Mr_Stephen_Bowers.pdf-The Panel finds that, on the balance of probabilities, Mr Bowers did not initially have any ./Prohibition_order_Mr_Stephen_Bowers.pdf:sexual intentions in developing his relationship with Pupil A. Mr Bowers gave oral ./Prohibition_order_Mr_Stephen_Bowers.pdf-evidence to the Panel that he is bad at reading signals from women, especially about ./Prohibition_order_Mr_Stephen_Bowers.pdf-their feelings for him and the Panel find that it is likely, on the balance of probabilities, ./Prohibition_order_Mr_Stephen_Bowers.pdf-that Mr Bowers led Pupil A on without intending to do so and certainly did not discourage ./Prohibition_order_Mr_Stephen_Bowers.pdf-her, as Mr Bowers stated in his evidence (Paragraph 15, Page 37 of his first witness ./Prohibition_order_Mr_Stephen_Bowers.pdf-statement). The Panel finds that Mr Bowers did allow the relationship to develop and to ./Prohibition_order_Mr_Stephen_Bowers.pdf:develop sexual overtones and that led to sexual contact. ./Prohibition_order_Mr_Stephen_Bowers.pdf- ./Prohibition_order_Mr_Stephen_Bowers.pdf:The Panel finds, on the balance of probabilities, that Mr Bowers’ conduct was sexually ./Prohibition_order_Mr_Stephen_Bowers.pdf:motivated with the intention of establishing a sexual relationship with Pupil A. Clearly the ./Prohibition_order_Mr_Stephen_Bowers.pdf:relationship as the Panel has found developed into a sexual one and, at some point, this ./Prohibition_order_Mr_Stephen_Bowers.pdf:means that Mr Bowers’ conduct became sexually motivated, even though it may not have ./Prohibition_order_Mr_Stephen_Bowers.pdf-been so from the start. ./Prohibition_order_Mr_Stephen_Bowers.pdf- ./Prohibition_order_Mr_Stephen_Bowers.pdf-Findings as to Unacceptable Professional Conduct and/or ./Prohibition_order_Mr_Stephen_Bowers.pdf-Conduct that may bring the profession into disrepute ./Prohibition_order_Mr_Stephen_Bowers.pdf-In considering the allegations that the Panel has found proven, the Panel has had regard ./Prohibition_order_Mr_Stephen_Bowers.pdf-to the definitions in The Teacher Misconduct – Prohibition of Teachers Advice. ./Prohibition_order_Mr_Stephen_Bowers.pdf- ./Prohibition_order_Mr_Stephen_Bowers.pdf-The Panel is satisfied that the conduct of Mr Bowers in relation to the facts found proven, ./Prohibition_order_Mr_Stephen_Bowers.pdf-involved breaches of the Teachers’ Standards. The Panel considers that by reference to ./Prohibition_order_Mr_Stephen_Bowers.pdf-Part Two, Mr Bowers is in breach of the following standards: -- ./Prohibition_order_Mr_Stephen_Bowers.pdf- The Panel has also considered whether Mr Bowers’ conduct displayed behaviours ./Prohibition_order_Mr_Stephen_Bowers.pdf- associated with any of the offences listed on page 8 and 9 of the Guidance and we ./Prohibition_order_Mr_Stephen_Bowers.pdf: have found that the offence of sexual activity is relevant on the basis that Mr Bowers ./Prohibition_order_Mr_Stephen_Bowers.pdf: did on one or more occasion kiss Pupil A and have sexual intercourse with her. The ./Prohibition_order_Mr_Stephen_Bowers.pdf- Guidance indicates that where behaviours associated with such an offence exist, a ./Prohibition_order_Mr_Stephen_Bowers.pdf- Panel is likely to conclude that an individual’s conduct would amount to unacceptable ./Prohibition_order_Mr_Stephen_Bowers.pdf- professional conduct. ./Prohibition_order_Mr_Stephen_Bowers.pdf- ./Prohibition_order_Mr_Stephen_Bowers.pdf- Accordingly, the Panel is satisfied that Mr Bowers is guilty of unacceptable ./Prohibition_order_Mr_Stephen_Bowers.pdf- professional conduct. ./Prohibition_order_Mr_Stephen_Bowers.pdf- ./Prohibition_order_Mr_Stephen_Bowers.pdf- The panel has taken into account how the teaching profession is viewed by others ./Prohibition_order_Mr_Stephen_Bowers.pdf- and considered the influence that teachers may have on pupils, parents and others in ./Prohibition_order_Mr_Stephen_Bowers.pdf- the community. The Panel has taken account of the uniquely influential role that -- ./Prohibition_order_Mr_Stephen_Bowers.pdf-In light of the Panel’s findings against Mr Bowers, which involved findings that he had an ./Prohibition_order_Mr_Stephen_Bowers.pdf-inappropriate relationship with Pupil A by having communicated with Pupil A on the ./Prohibition_order_Mr_Stephen_Bowers.pdf-website sillygoth.com; having taken her and another pupil to a music concert; regularly ./Prohibition_order_Mr_Stephen_Bowers.pdf-communicated with her by text message; kissed her on one or more occasions; had ./Prohibition_order_Mr_Stephen_Bowers.pdf:sexual intercourse with her on one or more occasions whilst she was under the legal ./Prohibition_order_Mr_Stephen_Bowers.pdf:consensual age and that his conduct was sexually motivated, there is a strong public ./Prohibition_order_Mr_Stephen_Bowers.pdf:interest consideration. In particular, the finding that Mr Bowers had sexual intercourse ./Prohibition_order_Mr_Stephen_Bowers.pdf-with Pupil A whilst she was under the legal consensual age is highly relevant to these ./Prohibition_order_Mr_Stephen_Bowers.pdf-public interest considerations. There is a strong public interest consideration in respect ./Prohibition_order_Mr_Stephen_Bowers.pdf-of the protection of pupils given the serious findings of inappropriate relationships with a ./Prohibition_order_Mr_Stephen_Bowers.pdf-pupil. Similarly, the Panel considers that public confidence in the profession could be ./Prohibition_order_Mr_Stephen_Bowers.pdf-seriously weakened if conduct such as that found against Mr Bowers was not treated with ./Prohibition_order_Mr_Stephen_Bowers.pdf-the utmost seriousness when regulating the conduct of the profession. The Panel ./Prohibition_order_Mr_Stephen_Bowers.pdf-believed that a strong public interest consideration in declaring proper standards of ./Prohibition_order_Mr_Stephen_Bowers.pdf-conduct in the profession was also present as the conduct found against Mr Bowers was ./Prohibition_order_Mr_Stephen_Bowers.pdf-outside that which could reasonably be tolerated. ./Prohibition_order_Mr_Stephen_Bowers.pdf- -- ./Prohibition_order_Mr_Stephen_Bowers.pdf-  abuse of position or trust (particularly involving vulnerable pupils) or violation of the ./Prohibition_order_Mr_Stephen_Bowers.pdf- rights of pupils ./Prohibition_order_Mr_Stephen_Bowers.pdf:  sexual misconduct, involving actions that were sexually motivated or of a sexual ./Prohibition_order_Mr_Stephen_Bowers.pdf- nature and/or that use or exploit the trust, knowledge or influence derived from the ./Prohibition_order_Mr_Stephen_Bowers.pdf- individual’s professional position. ./Prohibition_order_Mr_Stephen_Bowers.pdf- Even though these were behaviours that would point to a Prohibition Order being ./Prohibition_order_Mr_Stephen_Bowers.pdf- appropriate, the Panel went on to consider whether or not there were sufficient ./Prohibition_order_Mr_Stephen_Bowers.pdf- mitigating factors to militate against a Prohibition Order being a proportionate ./Prohibition_order_Mr_Stephen_Bowers.pdf- measure to impose, particularly taking into account the nature and severity of the ./Prohibition_order_Mr_Stephen_Bowers.pdf- behaviour. In light of the Panel’s findings, there was no evidence that Mr Bowers’ ./Prohibition_order_Mr_Stephen_Bowers.pdf- actions were not deliberate and there was no evidence to suggest that he was acting ./Prohibition_order_Mr_Stephen_Bowers.pdf- under duress. ./Prohibition_order_Mr_Stephen_Bowers.pdf- ./Prohibition_order_Mr_Stephen_Bowers.pdf-The Panel is of the view that Prohibition is both proportionate and appropriate. The ./Prohibition_order_Mr_Stephen_Bowers.pdf-Panel has decided that the public interest considerations outweigh the interests of Mr ./Prohibition_order_Mr_Stephen_Bowers.pdf:Bowers. The serious sexual misconduct, the very serious departure from the personal ./Prohibition_order_Mr_Stephen_Bowers.pdf-and professional conduct elements and the abuse of position were significant factors in ./Prohibition_order_Mr_Stephen_Bowers.pdf-forming that opinion. Accordingly, the Panel makes a recommendation to the Secretary ./Prohibition_order_Mr_Stephen_Bowers.pdf-of State that a Prohibition Order should be imposed with immediate effect. ./Prohibition_order_Mr_Stephen_Bowers.pdf- ./Prohibition_order_Mr_Stephen_Bowers.pdf-The Panel went on to consider whether or not it would appropriate for them to decide to ./Prohibition_order_Mr_Stephen_Bowers.pdf-recommend that a review period of the order should be considered. The Panel were ./Prohibition_order_Mr_Stephen_Bowers.pdf-mindful that the Teacher Misconduct – Prohibition of Teachers Advice states that a ./Prohibition_order_Mr_Stephen_Bowers.pdf-Prohibition Order applies for life, but there may be circumstances in any given case that ./Prohibition_order_Mr_Stephen_Bowers.pdf-may make it appropriate to allow a teacher to apply to have the prohibition order ./Prohibition_order_Mr_Stephen_Bowers.pdf-reviewed after a specified period of time that may not be less than two years. ./Prohibition_order_Mr_Stephen_Bowers.pdf- ./Prohibition_order_Mr_Stephen_Bowers.pdf-The Teacher Misconduct – Prohibition of Teachers Advice indicates that there are ./Prohibition_order_Mr_Stephen_Bowers.pdf-behaviours that, if proven, would militate against a review period being recommended. ./Prohibition_order_Mr_Stephen_Bowers.pdf:These behaviours include serious sexual misconduct, eg where the act was sexually ./Prohibition_order_Mr_Stephen_Bowers.pdf-motivated and resulted in or had the potential to result in, harm to a person or persons, ./Prohibition_order_Mr_Stephen_Bowers.pdf-particularly where the individual has used their professional position to influence or ./Prohibition_order_Mr_Stephen_Bowers.pdf-exploit a person or persons. The Panel has found that Mr Bowers has been responsible ./Prohibition_order_Mr_Stephen_Bowers.pdf:for engaging in sexual intercourse with Pupil A, kissing Pupil A on one or more occasions ./Prohibition_order_Mr_Stephen_Bowers.pdf:and being sexually motivated. His behaviour amounts to serious sexual misconduct. ./Prohibition_order_Mr_Stephen_Bowers.pdf- ./Prohibition_order_Mr_Stephen_Bowers.pdf:Mr Bowers has always denied that sexual contact with Pupil A took place and has not ./Prohibition_order_Mr_Stephen_Bowers.pdf:shown any remorse, insight or otherwise provided explanations for the sexual conduct or ./Prohibition_order_Mr_Stephen_Bowers.pdf-indeed the other serious behaviour and conduct which the Panel has found proven. ./Prohibition_order_Mr_Stephen_Bowers.pdf- ./Prohibition_order_Mr_Stephen_Bowers.pdf-The Panel felt the findings indicated a situation in which a review period would not be ./Prohibition_order_Mr_Stephen_Bowers.pdf-appropriate and has therefore decided that, given the circumstances of this case, it is ./Prohibition_order_Mr_Stephen_Bowers.pdf-proportionate for the Prohibition Order to be recommended without provision for a review ./Prohibition_order_Mr_Stephen_Bowers.pdf-period. ./Prohibition_order_Mr_Stephen_Bowers.pdf- ./Prohibition_order_Mr_Stephen_Bowers.pdf- 16 ./Prohibition_order_Mr_Stephen_Bowers.pdf- -- ./Prohibition_order_Mr_Stephen_Bowers.pdf-Decision and reasons on behalf of the Secretary of ./Prohibition_order_Mr_Stephen_Bowers.pdf-State ./Prohibition_order_Mr_Stephen_Bowers.pdf-I have carefully considered the findings and recommendations of the panel in this ./Prohibition_order_Mr_Stephen_Bowers.pdf-case. ./Prohibition_order_Mr_Stephen_Bowers.pdf- ./Prohibition_order_Mr_Stephen_Bowers.pdf-The panel have found all the allegations proven and have judged that those facts ./Prohibition_order_Mr_Stephen_Bowers.pdf-amount to unacceptable professional conduct and conduct that may bring the ./Prohibition_order_Mr_Stephen_Bowers.pdf-profession into disrepute. Those facts include Mr Bowers engaging in an ./Prohibition_order_Mr_Stephen_Bowers.pdf:inappropriate relationship with a pupil that included sexual intercourse whilst the ./Prohibition_order_Mr_Stephen_Bowers.pdf-pupil was under the legal consensual age. ./Prohibition_order_Mr_Stephen_Bowers.pdf- ./Prohibition_order_Mr_Stephen_Bowers.pdf-In considering whether a prohibition order would be an appropriate and ./Prohibition_order_Mr_Stephen_Bowers.pdf-proportionate sanction the panel have properly balanced the public interest ./Prohibition_order_Mr_Stephen_Bowers.pdf-considerations with those of Mr Bowers. They have found a strong public interest ./Prohibition_order_Mr_Stephen_Bowers.pdf-consideration in respect of the protection of pupils. They have also determined ./Prohibition_order_Mr_Stephen_Bowers.pdf-that public confidence in the profession could be seriously weakened and that ./Prohibition_order_Mr_Stephen_Bowers.pdf-there was a strong public interest consideration in declaring proper standards of ./Prohibition_order_Mr_Stephen_Bowers.pdf-conduct. It was submitted on Mr Bowers behalf that these events took place some ./Prohibition_order_Mr_Stephen_Bowers.pdf-10 years ago and that his previous and subsequent teaching record was good, ./Prohibition_order_Mr_Stephen_Bowers.pdf-supported by a range of letters and references from former pupils, former ./Prohibition_order_Mr_Stephen_Bowers.pdf-colleagues and employers. ./Prohibition_order_Mr_Stephen_Bowers.pdf- ./Prohibition_order_Mr_Stephen_Bowers.pdf-Having taken all the facts into consideration the panel have recommended that a ./Prohibition_order_Mr_Stephen_Bowers.pdf-prohibition order is an appropriate and proportionate sanction. I agree with this ./Prohibition_order_Mr_Stephen_Bowers.pdf-recommendation. ./Prohibition_order_Mr_Stephen_Bowers.pdf- ./Prohibition_order_Mr_Stephen_Bowers.pdf-The panel went on to consider whether a review period would be appropriate. Mr ./Prohibition_order_Mr_Stephen_Bowers.pdf:Bowers’ behaviour amounts to serious sexual misconduct. He has continued to ./Prohibition_order_Mr_Stephen_Bowers.pdf:deny that sexual contact took place and has not shown any remorse or insight into ./Prohibition_order_Mr_Stephen_Bowers.pdf-his actions. In the circumstances I agree that the prohibition order should be ./Prohibition_order_Mr_Stephen_Bowers.pdf-without the opportunity to apply for it to be set aside. ./Prohibition_order_Mr_Stephen_Bowers.pdf- ./Prohibition_order_Mr_Stephen_Bowers.pdf-This means that Mr Stephen Bowers is prohibited from teaching indefinitely and ./Prohibition_order_Mr_Stephen_Bowers.pdf-cannot teach in any school, sixth form college, relevant youth accommodation or ./Prohibition_order_Mr_Stephen_Bowers.pdf-children’s home in England. Furthermore, in view of the seriousness of the allegations ./Prohibition_order_Mr_Stephen_Bowers.pdf-found proved against him, I have decided that Mr Stephen Bowers shall not be entitled to ./Prohibition_order_Mr_Stephen_Bowers.pdf-apply for restoration of his eligibility to teach. ./Prohibition_order_Mr_Stephen_Bowers.pdf- ./Prohibition_order_Mr_Stephen_Bowers.pdf-This Order takes effect from the date on which it is served on the Teacher. ./prohibition_order_mr_stephen_buss_001.pdf-We have noted that Mr Buss has admitted the facts of this particular. ./prohibition_order_mr_stephen_buss_001.pdf- ./prohibition_order_mr_stephen_buss_001.pdf-We have noted that he accepts that the communications with Pupil A did take place ./prohibition_order_mr_stephen_buss_001.pdf-and that he accepts that the communications were inappropriate. ./prohibition_order_mr_stephen_buss_001.pdf- ./prohibition_order_mr_stephen_buss_001.pdf-We have considered the evidence contained within the bundle of documents which ./prohibition_order_mr_stephen_buss_001.pdf-includes detail of the communications Mr Buss held with Pupil A, including the use of ./prohibition_order_mr_stephen_buss_001.pdf-Facebook. Pupil A provided a statement to the police which confirms the ./prohibition_order_mr_stephen_buss_001.pdf-communication. ./prohibition_order_mr_stephen_buss_001.pdf- ./prohibition_order_mr_stephen_buss_001.pdf:A number of the electronic communications contain apparently sexualised language. ./prohibition_order_mr_stephen_buss_001.pdf-We have found that Mr Buss's communication with Pupil A was inappropriate, both in ./prohibition_order_mr_stephen_buss_001.pdf-terms of communicating with her as well as the content of the communication. ./prohibition_order_mr_stephen_buss_001.pdf- ./prohibition_order_mr_stephen_buss_001.pdf-We find this factual particular proven. ./prohibition_order_mr_stephen_buss_001.pdf- ./prohibition_order_mr_stephen_buss_001.pdf-Particular 2 ./prohibition_order_mr_stephen_buss_001.pdf- ./prohibition_order_mr_stephen_buss_001.pdf-We have noted that Mr Buss admits that he did send an inappropriate image to Pupil ./prohibition_order_mr_stephen_buss_001.pdf-A. ./prohibition_order_mr_stephen_buss_001.pdf- -- ./prohibition_order_mr_stephen_buss_001.pdf-We note that he has accepted the allegation and that he has assisted in the ./prohibition_order_mr_stephen_buss_001.pdf-investigation of this matter. We have taken into account the representations which ./prohibition_order_mr_stephen_buss_001.pdf-he has provided. ./prohibition_order_mr_stephen_buss_001.pdf- ./prohibition_order_mr_stephen_buss_001.pdf-We have considered whether to conclude this case without imposing a sanction but ./prohibition_order_mr_stephen_buss_001.pdf-we have decided that the issues raised in this case are so serious that a sanction is ./prohibition_order_mr_stephen_buss_001.pdf-necessary and appropriate. ./prohibition_order_mr_stephen_buss_001.pdf- ./prohibition_order_mr_stephen_buss_001.pdf-We are significantly concerned by Mr Buss' behaviour. His inappropriate ./prohibition_order_mr_stephen_buss_001.pdf-communication with Pupil A spans a period of time and shows an apparent ./prohibition_order_mr_stephen_buss_001.pdf:escalation in terms of the use of sexualised language and familiarity with her on a ./prohibition_order_mr_stephen_buss_001.pdf-highly personal level. ./prohibition_order_mr_stephen_buss_001.pdf- ./prohibition_order_mr_stephen_buss_001.pdf-Mr Buss had been warned about his behaviour and his use of personal / social ./prohibition_order_mr_stephen_buss_001.pdf-communication with pupils. He failed to adhere to those previous warnings and went ./prohibition_order_mr_stephen_buss_001.pdf-onto to engage, inappropriately with Pupil A. ./prohibition_order_mr_stephen_buss_001.pdf- ./prohibition_order_mr_stephen_buss_001.pdf-Mr Buss' conduct has fallen far below the standard expected of a registered teacher. ./prohibition_order_mr_stephen_buss_001.pdf-We are of the view that his behaviour has the potential to undermine the reputation ./prohibition_order_mr_stephen_buss_001.pdf-of the profession and to significantly damage public confidence in the standards ./prohibition_order_mr_stephen_buss_001.pdf-expected of Teachers. His actions show that he has failed to maintain the -- ./prohibition_order_mr_stephen_buss_001.pdf-aside the Prohibition Order. We have decided that it is not appropriate to allow Mr ./prohibition_order_mr_stephen_buss_001.pdf-Buss the opportunity to apply for the Prohibition to be set aside. ./prohibition_order_mr_stephen_buss_001.pdf-We have reached this decision after careful consideration. We have considered that ./prohibition_order_mr_stephen_buss_001.pdf-a sanction is imposed, not to act punitively but to reflect the seriousness of ./prohibition_order_mr_stephen_buss_001.pdf-behaviour, to uphold public confidence in the standards expected of the profession ./prohibition_order_mr_stephen_buss_001.pdf-and to protect the public / pupils. Whilst Mr Buss has shown remorse, the gravity of ./prohibition_order_mr_stephen_buss_001.pdf-his unacceptable professional conduct is such that we believe that his actions are ./prohibition_order_mr_stephen_buss_001.pdf-fundamentally incompatible with the actions and conduct expected of a teacher. ./prohibition_order_mr_stephen_buss_001.pdf- ./prohibition_order_mr_stephen_buss_001.pdf-We believe that this decision is necessary given the seriousness of his actions, the ./prohibition_order_mr_stephen_buss_001.pdf:content of his communications and especially the overtly sexualised language which ./prohibition_order_mr_stephen_buss_001.pdf-he has engaged in. Teachers play an influential role in the formation of children and ./prohibition_order_mr_stephen_buss_001.pdf-young people's views and behaviours. Mr Buss's actions had the potential to cause ./prohibition_order_mr_stephen_buss_001.pdf-significant damage to Pupil A, a vulnerable girl, such that his actions placed her at ./prohibition_order_mr_stephen_buss_001.pdf-risk. In our view, his actions identify a risk to the protection of children. ./prohibition_order_mr_stephen_buss_001.pdf- ./prohibition_order_mr_stephen_buss_001.pdf-Secretary of State’s Decision and Reasons ./prohibition_order_mr_stephen_buss_001.pdf- ./prohibition_order_mr_stephen_buss_001.pdf-I have considered this case very carefully. Mr Buss admitted the facts of both of the ./prohibition_order_mr_stephen_buss_001.pdf-allegations. Mr Buss also admitted that the facts amounted to unacceptable ./prohibition_order_mr_stephen_buss_001.pdf-professional conduct. The panel also found the facts proven in this case and they ./prohibition_order_mr_stephen_buss_001.pdf-have set out their reasons. The panel also find that those facts amount to ./prohibition_order_mr_stephen_buss_001.pdf-unacceptable professional conduct, and they set out their reasons clearly. It is ./prohibition_order_mr_stephen_buss_001.pdf-evident that the panel regard this case as a very serious one and they point to the ./prohibition_order_mr_stephen_buss_001.pdf:overtly sexualised language used by Mr Buss and to the potential for the behaviour ./prohibition_order_mr_stephen_buss_001.pdf-of Mr Buss to cause significant damage to Pupil A, a vulnerable girl. ./prohibition_order_mr_stephen_buss_001.pdf- ./prohibition_order_mr_stephen_buss_001.pdf-I have also considered very carefully the panel’s reasons for recommending a ./prohibition_order_mr_stephen_buss_001.pdf-prohibition order in this case. The panel has taken into account representations ./prohibition_order_mr_stephen_buss_001.pdf-made by Mr Buss, but they also point to the period of time over which the activities ./prohibition_order_mr_stephen_buss_001.pdf:took place, the escalation in the use of sexualised language and the fact that Mr ./prohibition_order_mr_stephen_buss_001.pdf-Buss was warned about his behaviour. For these reasons I support the panel’s ./prohibition_order_mr_stephen_buss_001.pdf-recommendation that a prohibition order is appropriate and proportionate and in the ./prohibition_order_mr_stephen_buss_001.pdf-public interest. ./prohibition_order_mr_stephen_buss_001.pdf- ./prohibition_order_mr_stephen_buss_001.pdf-I have also given careful consideration to the panel’s recommendation in respect of a ./prohibition_order_mr_stephen_buss_001.pdf-review period. The panel identify the behaviour of Mr Buss as representing a ./prohibition_order_mr_stephen_buss_001.pdf:considerable risk of harm and in particular the panel point to the overtly sexualised ./prohibition_order_mr_stephen_buss_001.pdf-language used. For these reasons I support the recommendation that there be no ./prohibition_order_mr_stephen_buss_001.pdf-review period in this case. ./prohibition_order_mr_stephen_buss_001.pdf- ./prohibition_order_mr_stephen_buss_001.pdf-This means that Mr Stephen Buss is prohibited from teaching indefinitely and cannot ./prohibition_order_mr_stephen_buss_001.pdf-teach in any school, sixth form college, relevant youth accommodation or children’s ./prohibition_order_mr_stephen_buss_001.pdf-home in England. Furthermore, in view of the seriousness of the allegations found ./prohibition_order_mr_stephen_buss_001.pdf-proved against him, I have decided that Mr Stephen Buss shall not be entitled to ./prohibition_order_mr_stephen_buss_001.pdf-apply for restoration of his eligibility to teach. ./prohibition_order_mr_stephen_buss_001.pdf- ./prohibition_order_mr_stephen_buss_001.pdf-This Order takes effect from the date on which it is served on the Teacher. ./Prohibition_order_Mr_Stephen_Pieter_Grobbelaar.pdf-Teacher: Mr Stephen Pieter Grobbelaar ./Prohibition_order_Mr_Stephen_Pieter_Grobbelaar.pdf- ./Prohibition_order_Mr_Stephen_Pieter_Grobbelaar.pdf-Teacher ref no: 91/07508 ./Prohibition_order_Mr_Stephen_Pieter_Grobbelaar.pdf- ./Prohibition_order_Mr_Stephen_Pieter_Grobbelaar.pdf-Teacher date of birth: 29 September 1961 ./Prohibition_order_Mr_Stephen_Pieter_Grobbelaar.pdf- ./Prohibition_order_Mr_Stephen_Pieter_Grobbelaar.pdf-NCTL Case ref no: 11108 ./Prohibition_order_Mr_Stephen_Pieter_Grobbelaar.pdf- ./Prohibition_order_Mr_Stephen_Pieter_Grobbelaar.pdf-Date of Determination: 18 September 2014 ./Prohibition_order_Mr_Stephen_Pieter_Grobbelaar.pdf- ./Prohibition_order_Mr_Stephen_Pieter_Grobbelaar.pdf:Former employer: West Sussex ./Prohibition_order_Mr_Stephen_Pieter_Grobbelaar.pdf- ./Prohibition_order_Mr_Stephen_Pieter_Grobbelaar.pdf- ./Prohibition_order_Mr_Stephen_Pieter_Grobbelaar.pdf- ./Prohibition_order_Mr_Stephen_Pieter_Grobbelaar.pdf-A. Introduction ./Prohibition_order_Mr_Stephen_Pieter_Grobbelaar.pdf-A Professional Conduct Panel (“the Panel”) of the National College for Teaching and ./Prohibition_order_Mr_Stephen_Pieter_Grobbelaar.pdf-Leadership (“the National College”) convened on 18 September 2014 at 53-55 Butts ./Prohibition_order_Mr_Stephen_Pieter_Grobbelaar.pdf-Road, Earlsdon Park, Coventry, CV1 3BH to consider the case of Mr Stephen Pieter ./Prohibition_order_Mr_Stephen_Pieter_Grobbelaar.pdf-Grobbelaar. ./Prohibition_order_Mr_Stephen_Pieter_Grobbelaar.pdf- ./Prohibition_order_Mr_Stephen_Pieter_Grobbelaar.pdf-The Panel members were Janet Draper (Lay Panellist– in the Chair), Ian Hughes (Lay -- ./Prohibition_order_Mr_Stephen_Pieter_Grobbelaar.pdf- (b) whilst Pupil A was under hypnosis, he : ./Prohibition_order_Mr_Stephen_Pieter_Grobbelaar.pdf- ./Prohibition_order_Mr_Stephen_Pieter_Grobbelaar.pdf- (i) removed Pupil A’s tracksuit bottoms ./Prohibition_order_Mr_Stephen_Pieter_Grobbelaar.pdf- ./Prohibition_order_Mr_Stephen_Pieter_Grobbelaar.pdf: (ii) performed oral sex on Pupil A ./Prohibition_order_Mr_Stephen_Pieter_Grobbelaar.pdf- ./Prohibition_order_Mr_Stephen_Pieter_Grobbelaar.pdf- (ii) rubbed his bare penis against Pupil A’s buttocks ./Prohibition_order_Mr_Stephen_Pieter_Grobbelaar.pdf- ./Prohibition_order_Mr_Stephen_Pieter_Grobbelaar.pdf:2. His actions as described in paragraph 1 above were sexually motivated. ./Prohibition_order_Mr_Stephen_Pieter_Grobbelaar.pdf- ./Prohibition_order_Mr_Stephen_Pieter_Grobbelaar.pdf-Mr Grobbelaar admitted the alleged facts and that they amounted to unacceptable ./Prohibition_order_Mr_Stephen_Pieter_Grobbelaar.pdf-professional conduct and/or conduct that may bring the profession into disrepute. ./Prohibition_order_Mr_Stephen_Pieter_Grobbelaar.pdf- ./Prohibition_order_Mr_Stephen_Pieter_Grobbelaar.pdf- ./Prohibition_order_Mr_Stephen_Pieter_Grobbelaar.pdf-C. Preliminary applications ./Prohibition_order_Mr_Stephen_Pieter_Grobbelaar.pdf-None ./Prohibition_order_Mr_Stephen_Pieter_Grobbelaar.pdf- ./Prohibition_order_Mr_Stephen_Pieter_Grobbelaar.pdf- ./Prohibition_order_Mr_Stephen_Pieter_Grobbelaar.pdf-D. Summary of evidence -- ./Prohibition_order_Mr_Stephen_Pieter_Grobbelaar.pdf- ./Prohibition_order_Mr_Stephen_Pieter_Grobbelaar.pdf-In or around 1987 Mr Grobbelaar approached Pupil A who would have been aged 16 at ./Prohibition_order_Mr_Stephen_Pieter_Grobbelaar.pdf-that time and asked if he had any fears surrounding his final exams. Pupil A informed him ./Prohibition_order_Mr_Stephen_Pieter_Grobbelaar.pdf-that he was concerned about his performance in mathematics. Mr Grobbelaar offered to ./Prohibition_order_Mr_Stephen_Pieter_Grobbelaar.pdf-hypnotise Pupil A to assist with his concerns. Mr Grobbelaar told Pupil A that he should ./Prohibition_order_Mr_Stephen_Pieter_Grobbelaar.pdf-not discuss the hypnosis with anyone else. Mr Grobbelaar told Pupil A to meet him during ./Prohibition_order_Mr_Stephen_Pieter_Grobbelaar.pdf-the evening in the Guidance Centre at the school to perform the hypnosis. Whilst at the ./Prohibition_order_Mr_Stephen_Pieter_Grobbelaar.pdf-Guidance Centre with Pupil A, Mr Grobbelaar closed the door to the room so that he and ./Prohibition_order_Mr_Stephen_Pieter_Grobbelaar.pdf-Pupil A were alone. He told Pupil A that the solution was hypnosis to implant the ./Prohibition_order_Mr_Stephen_Pieter_Grobbelaar.pdf-suggestion that he enjoyed mathematics. He hypnotised Pupil A. Whilst Pupil A was ./Prohibition_order_Mr_Stephen_Pieter_Grobbelaar.pdf:under hypnosis Mr Grobbelaar removed Pupil A’s tracksuit pants and performed oral sex ./Prohibition_order_Mr_Stephen_Pieter_Grobbelaar.pdf-on the pupil. Mr Grobbelaar also removed his own pants and stood behind Pupil A. Whilst ./Prohibition_order_Mr_Stephen_Pieter_Grobbelaar.pdf-behind Pupil A he rubbed his bare penis against Pupil A’s buttocks. Mr Grobbelaar ./Prohibition_order_Mr_Stephen_Pieter_Grobbelaar.pdf:admits that his conduct during this hypnosis session was sexually motivated. ./Prohibition_order_Mr_Stephen_Pieter_Grobbelaar.pdf- ./Prohibition_order_Mr_Stephen_Pieter_Grobbelaar.pdf-Approximately one week later, outside of school hours, Mr Grobbelaar approached Pupil ./Prohibition_order_Mr_Stephen_Pieter_Grobbelaar.pdf-A outside of school and told the pupil that the hypnosis had to be reinforced in order to be ./Prohibition_order_Mr_Stephen_Pieter_Grobbelaar.pdf-effective. Mr Grobbelaar again hypnotised Pupil A and implanted the suggestion that ./Prohibition_order_Mr_Stephen_Pieter_Grobbelaar.pdf-Pupil A would recall nothing but the suggestion that he enjoyed mathematics. Mr ./Prohibition_order_Mr_Stephen_Pieter_Grobbelaar.pdf-Grobbelaar admits that his conduct during the second hypnosis session was an attempt ./Prohibition_order_Mr_Stephen_Pieter_Grobbelaar.pdf-to prevent the events of the first hypnosis session from being discovered. ./Prohibition_order_Mr_Stephen_Pieter_Grobbelaar.pdf- ./Prohibition_order_Mr_Stephen_Pieter_Grobbelaar.pdf-Over time, Pupil A was able to recall the events that had taken place whilst he was under ./Prohibition_order_Mr_Stephen_Pieter_Grobbelaar.pdf-hypnosis and he reported this to the Grey High School in 1990 after he had left the -- ./Prohibition_order_Mr_Stephen_Pieter_Grobbelaar.pdf-Whilst working at Grey High School, Port Elizabeth, South Africa: ./Prohibition_order_Mr_Stephen_Pieter_Grobbelaar.pdf- ./Prohibition_order_Mr_Stephen_Pieter_Grobbelaar.pdf-1. In or around October 1987: ./Prohibition_order_Mr_Stephen_Pieter_Grobbelaar.pdf- ./Prohibition_order_Mr_Stephen_Pieter_Grobbelaar.pdf- (a) he hypnotised Pupil A ./Prohibition_order_Mr_Stephen_Pieter_Grobbelaar.pdf- ./Prohibition_order_Mr_Stephen_Pieter_Grobbelaar.pdf- (b) whilst Pupil A was under hypnosis, he: ./Prohibition_order_Mr_Stephen_Pieter_Grobbelaar.pdf- ./Prohibition_order_Mr_Stephen_Pieter_Grobbelaar.pdf- (i) removed Pupil A’s tracksuit bottoms ./Prohibition_order_Mr_Stephen_Pieter_Grobbelaar.pdf- ./Prohibition_order_Mr_Stephen_Pieter_Grobbelaar.pdf: (ii) performed oral sex on Pupil A ./Prohibition_order_Mr_Stephen_Pieter_Grobbelaar.pdf- ./Prohibition_order_Mr_Stephen_Pieter_Grobbelaar.pdf- (iii) rubbed his bare penis against Pupil A’s buttocks ./Prohibition_order_Mr_Stephen_Pieter_Grobbelaar.pdf- ./Prohibition_order_Mr_Stephen_Pieter_Grobbelaar.pdf:2. His actions as described in paragraph 1 above were sexually motivated. ./Prohibition_order_Mr_Stephen_Pieter_Grobbelaar.pdf- ./Prohibition_order_Mr_Stephen_Pieter_Grobbelaar.pdf-Mr Grobbelaar admitted the alleged facts and signed a statement of agreed facts which ./Prohibition_order_Mr_Stephen_Pieter_Grobbelaar.pdf-cover all of the particulars of the allegations. The Panel has reviewed the statement from ./Prohibition_order_Mr_Stephen_Pieter_Grobbelaar.pdf-Pupil A and has noted that the information provided supports the admissions made by Mr ./Prohibition_order_Mr_Stephen_Pieter_Grobbelaar.pdf-Grobbelaar. We, therefore, find the facts proved. ./Prohibition_order_Mr_Stephen_Pieter_Grobbelaar.pdf- ./Prohibition_order_Mr_Stephen_Pieter_Grobbelaar.pdf-Findings as to Unacceptable Professional Conduct and/or ./Prohibition_order_Mr_Stephen_Pieter_Grobbelaar.pdf-Conduct that may bring the profession into disrepute and/or ./Prohibition_order_Mr_Stephen_Pieter_Grobbelaar.pdf-conviction of a relevant offence ./Prohibition_order_Mr_Stephen_Pieter_Grobbelaar.pdf-The Panel noted that Mr Grobbelaar agrees that his admitted actions constitute -- ./Prohibition_order_Mr_Stephen_Pieter_Grobbelaar.pdf-the teacher has shown remorse and insight, has attempted to atone for his actions over a ./Prohibition_order_Mr_Stephen_Pieter_Grobbelaar.pdf-considerable period and is ashamed of what he did. The evidence before the Panel ./Prohibition_order_Mr_Stephen_Pieter_Grobbelaar.pdf-suggests that this was an isolated incident involving one pupil, which took place over 25 ./Prohibition_order_Mr_Stephen_Pieter_Grobbelaar.pdf-years ago. The Panel is also persuaded from his employment record and references as a ./Prohibition_order_Mr_Stephen_Pieter_Grobbelaar.pdf-teacher over the last 22 years that he is an excellent and inspirational teacher. The Panel ./Prohibition_order_Mr_Stephen_Pieter_Grobbelaar.pdf-believes the risk of repetition of the behaviour is low. ./Prohibition_order_Mr_Stephen_Pieter_Grobbelaar.pdf- ./Prohibition_order_Mr_Stephen_Pieter_Grobbelaar.pdf-However, the admitted behaviour as a teacher represents a serious departure from the ./Prohibition_order_Mr_Stephen_Pieter_Grobbelaar.pdf-personal and professional conduct elements of the Teachers’ Standards, misconduct ./Prohibition_order_Mr_Stephen_Pieter_Grobbelaar.pdf-which seriously affected the well-being of a pupil, and abuse of position of trust involving ./Prohibition_order_Mr_Stephen_Pieter_Grobbelaar.pdf:violation of the rights of a pupil. In addition, it involved actions that were sexually ./Prohibition_order_Mr_Stephen_Pieter_Grobbelaar.pdf-motivated and which exploited the trust, knowledge and influence derived from Mr ./Prohibition_order_Mr_Stephen_Pieter_Grobbelaar.pdf-Grobbelaar’s professional position. ./Prohibition_order_Mr_Stephen_Pieter_Grobbelaar.pdf- ./Prohibition_order_Mr_Stephen_Pieter_Grobbelaar.pdf-The Panel has, therefore, concluded that the teacher’s behaviour, inspite of the passage ./Prohibition_order_Mr_Stephen_Pieter_Grobbelaar.pdf-of time, is incompatible with being a teacher and recommends that prohibition would be a ./Prohibition_order_Mr_Stephen_Pieter_Grobbelaar.pdf-proportionate sanction in this case in order to maintain public confidence in the teaching ./Prohibition_order_Mr_Stephen_Pieter_Grobbelaar.pdf-profession and to uphold proper standards of conduct. ./Prohibition_order_Mr_Stephen_Pieter_Grobbelaar.pdf- ./Prohibition_order_Mr_Stephen_Pieter_Grobbelaar.pdf-The Panel considered whether to recommend that there be provision for Mr Grobbelaar ./Prohibition_order_Mr_Stephen_Pieter_Grobbelaar.pdf-to apply for the prohibition order to be set aside or that there be no review period set. The ./Prohibition_order_Mr_Stephen_Pieter_Grobbelaar.pdf:Panel has found that this was serious sexual misconduct which breaks one of the ./Prohibition_order_Mr_Stephen_Pieter_Grobbelaar.pdf- ./Prohibition_order_Mr_Stephen_Pieter_Grobbelaar.pdf- ./Prohibition_order_Mr_Stephen_Pieter_Grobbelaar.pdf- 7 ./Prohibition_order_Mr_Stephen_Pieter_Grobbelaar.pdf- ./prohibition_order_mr_steven_john_laverty_001.pdf- c. Ignored the School’s instructions regarding discipline of the students as ./prohibition_order_mr_steven_john_laverty_001.pdf- explained by Individual A on 23 and 24 March 2010. ./prohibition_order_mr_steven_john_laverty_001.pdf- ./prohibition_order_mr_steven_john_laverty_001.pdf-2. Whilst employed at Bootle High School, Netherton, Merseyside by Sefton ./prohibition_order_mr_steven_john_laverty_001.pdf- Council as a Teacher of Physical Education and Art from September 2000 to ./prohibition_order_mr_steven_john_laverty_001.pdf- December 2006 he:- ./prohibition_order_mr_steven_john_laverty_001.pdf- ./prohibition_order_mr_steven_john_laverty_001.pdf- a. Made inappropriate physical contact with Student C, by grabbing him in ./prohibition_order_mr_steven_john_laverty_001.pdf- the groin area on or around 30 October 2006; ./prohibition_order_mr_steven_john_laverty_001.pdf- ./prohibition_order_mr_steven_john_laverty_001.pdf: b. Had sexual intercourse with a vulnerable 16 year old former student, ./prohibition_order_mr_steven_john_laverty_001.pdf- Student D, on or around 28 July 2005. ./prohibition_order_mr_steven_john_laverty_001.pdf- ./prohibition_order_mr_steven_john_laverty_001.pdf-C. Preliminary Applications ./prohibition_order_mr_steven_john_laverty_001.pdf- ./prohibition_order_mr_steven_john_laverty_001.pdf-Application for Case to be dealt without a hearing ./prohibition_order_mr_steven_john_laverty_001.pdf- ./prohibition_order_mr_steven_john_laverty_001.pdf-Mr Fenton made an application to the Panel for the case to be considered at a ./prohibition_order_mr_steven_john_laverty_001.pdf-meeting in private and took the Panel through the history of the case which had ./prohibition_order_mr_steven_john_laverty_001.pdf-commenced before the General Teaching Council. He said that there had been a ./prohibition_order_mr_steven_john_laverty_001.pdf-meeting of a Teaching Agency Panel convened on 1 June 2012 when the Panel had -- ./prohibition_order_mr_steven_john_laverty_001.pdf-the hearing to be held in private. ./prohibition_order_mr_steven_john_laverty_001.pdf- ./prohibition_order_mr_steven_john_laverty_001.pdf-We bear in mind the fact that the Rules require the decision of the Panel to be given ./prohibition_order_mr_steven_john_laverty_001.pdf-in public and we have no discretion in relation to this. Accordingly, it is inevitable ./prohibition_order_mr_steven_john_laverty_001.pdf-that Mr Laverty’s identity will be made public. We are advised we have no power to ./prohibition_order_mr_steven_john_laverty_001.pdf-anonymise the teacher’s identity nor do we consider there are any grounds ./prohibition_order_mr_steven_john_laverty_001.pdf-whatsoever for doing so. ./prohibition_order_mr_steven_john_laverty_001.pdf- ./prohibition_order_mr_steven_john_laverty_001.pdf-We are, however, anxious to ensure that the interests of others are protected. ./prohibition_order_mr_steven_john_laverty_001.pdf-Accordingly we direct that any reference to allegation 2b is limited to the specific ./prohibition_order_mr_steven_john_laverty_001.pdf:allegation namely that an act of sexual intercourse occurred with Student D ./prohibition_order_mr_steven_john_laverty_001.pdf- -- ./prohibition_order_mr_steven_john_laverty_001.pdf-Summary of Case ./prohibition_order_mr_steven_john_laverty_001.pdf- ./prohibition_order_mr_steven_john_laverty_001.pdf-The case concerns allegations against Steven John Laverty in relation to periods of ./prohibition_order_mr_steven_john_laverty_001.pdf-employment at Bootle High School, Netherton, Merseyside as a Teacher of Physical ./prohibition_order_mr_steven_john_laverty_001.pdf-Education in 2005/6 and later when employed on a temporary fixed term contract at ./prohibition_order_mr_steven_john_laverty_001.pdf-Harrop Fold Specialist Arts College, Manchester between January to April 2010. ./prohibition_order_mr_steven_john_laverty_001.pdf- ./prohibition_order_mr_steven_john_laverty_001.pdf-In July or August 2005 it is alleged that Mr Laverty met Student D in a Nightclub. ./prohibition_order_mr_steven_john_laverty_001.pdf-Student D was a former pupil who had by that date completed her schooling and was ./prohibition_order_mr_steven_john_laverty_001.pdf-16 years old. It is alleged that Student D and Mr Laverty were both drunk. They had ./prohibition_order_mr_steven_john_laverty_001.pdf:sexual intercourse later that evening which was consensual and the only occasion ./prohibition_order_mr_steven_john_laverty_001.pdf:on which sexual intercourse between the two of them occurred. ./prohibition_order_mr_steven_john_laverty_001.pdf- ./prohibition_order_mr_steven_john_laverty_001.pdf-It is further alleged that on 30 October 2006 in the course of a PE lesson Mr Laverty ./prohibition_order_mr_steven_john_laverty_001.pdf-became involved in a confrontation with Student C and that Mr Laverty and the ./prohibition_order_mr_steven_john_laverty_001.pdf-student made contact with each other. In the course of the confrontation Mr Laverty ./prohibition_order_mr_steven_john_laverty_001.pdf-grabbed Student C in the groin area. Student C put his head towards Mr Laverty ./prohibition_order_mr_steven_john_laverty_001.pdf-and became aggressive and then head butted Mr Laverty in the nose. ./prohibition_order_mr_steven_john_laverty_001.pdf- ./prohibition_order_mr_steven_john_laverty_001.pdf-Mr Laverty was interviewed by the Police in relation to the incident and explained in ./prohibition_order_mr_steven_john_laverty_001.pdf-detail what had occurred. The Police took no further action against him. ./prohibition_order_mr_steven_john_laverty_001.pdf- -- ./prohibition_order_mr_steven_john_laverty_001.pdf- ./prohibition_order_mr_steven_john_laverty_001.pdf- c. Ignored the School’s instructions regarding discipline of the students as ./prohibition_order_mr_steven_john_laverty_001.pdf- explained by Individual A on 23 and 24 March 2010. ./prohibition_order_mr_steven_john_laverty_001.pdf- ./prohibition_order_mr_steven_john_laverty_001.pdf-2. Whilst employed at Bootle High School, Netherton, Merseyside by Sefton ./prohibition_order_mr_steven_john_laverty_001.pdf- Council as a Teacher of Physical Education and Art from September 2000 to ./prohibition_order_mr_steven_john_laverty_001.pdf- December 2006, he:- ./prohibition_order_mr_steven_john_laverty_001.pdf- ./prohibition_order_mr_steven_john_laverty_001.pdf- a. Made inappropriate physical contact with Student C, by grabbing him in ./prohibition_order_mr_steven_john_laverty_001.pdf- the groin area on or around 30 October 2006; ./prohibition_order_mr_steven_john_laverty_001.pdf: b. Had sexual intercourse with a vulnerable 16 year old former student, ./prohibition_order_mr_steven_john_laverty_001.pdf- Student D, on or around 28 July 2005. ./prohibition_order_mr_steven_john_laverty_001.pdf- -- ./prohibition_order_mr_steven_john_laverty_001.pdf-practices of the school ./prohibition_order_mr_steven_john_laverty_001.pdf- ./prohibition_order_mr_steven_john_laverty_001.pdf-Therefore in our judgement particulars 1a,1c and 2a do constitute Unacceptable ./prohibition_order_mr_steven_john_laverty_001.pdf-Professional Conduct. ./prohibition_order_mr_steven_john_laverty_001.pdf- ./prohibition_order_mr_steven_john_laverty_001.pdf-In relation to particular 2b this incident occurred outside the school environment – it ./prohibition_order_mr_steven_john_laverty_001.pdf-involved a former student who is accepted by Mr Laverty as being vulnerable and ./prohibition_order_mr_steven_john_laverty_001.pdf-who had only just left school. We need to consider whether this is a case of conduct ./prohibition_order_mr_steven_john_laverty_001.pdf-which may bring the profession into disrepute. In our judgement it is. ./prohibition_order_mr_steven_john_laverty_001.pdf- ./prohibition_order_mr_steven_john_laverty_001.pdf:Mr Laverty’s conduct in having sexual intercourse with this former student showed a ./prohibition_order_mr_steven_john_laverty_001.pdf-failure to observe proper boundaries in relation to his professional position and was a ./prohibition_order_mr_steven_john_laverty_001.pdf-clear abuse of trust. He showed a disregard for the well-being of a vulnerable pupil. ./prohibition_order_mr_steven_john_laverty_001.pdf-Teachers are role models for pupils, parents and other members of the community. ./prohibition_order_mr_steven_john_laverty_001.pdf-Mr Laverty’s actions represent a serious departure from the personal and ./prohibition_order_mr_steven_john_laverty_001.pdf-professional standards expected of a teacher. We consider this to be the most ./prohibition_order_mr_steven_john_laverty_001.pdf-serious of the particulars admitted by the Teacher.” ./prohibition_order_mr_steven_john_laverty_001.pdf- ./prohibition_order_mr_steven_john_laverty_001.pdf-Panel’s Recommendation to the Secretary of State ./prohibition_order_mr_steven_john_laverty_001.pdf- ./prohibition_order_mr_steven_john_laverty_001.pdf-In this case Mr Laverty has admitted various incidents of unacceptable conduct over ./prohibition_order_mr_steven_john_laverty_001.pdf-the period of 2006 - 2010. Of most significance in our view is the fact that Mr Laverty ./prohibition_order_mr_steven_john_laverty_001.pdf:accepts engaging in sexual intercourse with a vulnerable former pupil. That conduct ./prohibition_order_mr_steven_john_laverty_001.pdf-causes the panel much concern given the potential for it to have resulted in ./prohibition_order_mr_steven_john_laverty_001.pdf-emotional damage to Student D. ./prohibition_order_mr_steven_john_laverty_001.pdf- ./prohibition_order_mr_steven_john_laverty_001.pdf-In relation to other particulars and especially the inappropriate physical involvement ./prohibition_order_mr_steven_john_laverty_001.pdf-with students A and C specified in particulars 1a and 2a there is further potential for ./prohibition_order_mr_steven_john_laverty_001.pdf-harm (physical or emotional) to have been caused to the students concerned. This ./prohibition_order_mr_steven_john_laverty_001.pdf-case exposes both an abuse of the position of trust Mr Laverty held in his role as a ./prohibition_order_mr_steven_john_laverty_001.pdf-teacher and a repeated failure to observe the professional relationship boundaries ./prohibition_order_mr_steven_john_laverty_001.pdf-which must apply between teachers and pupils. On more than one occasion he has ./prohibition_order_mr_steven_john_laverty_001.pdf-behaved towards pupils in a way that constitutes a serious departure from the -- ./prohibition_order_mr_steven_john_laverty_001.pdf-Secretary of State’s Decision and Reasons ./prohibition_order_mr_steven_john_laverty_001.pdf- ./prohibition_order_mr_steven_john_laverty_001.pdf-I have reviewed carefully the panel’s findings and recommendations in this case. ./prohibition_order_mr_steven_john_laverty_001.pdf- ./prohibition_order_mr_steven_john_laverty_001.pdf-The panel have found all the allegations proven in line with Mr Laverty’s agreed ./prohibition_order_mr_steven_john_laverty_001.pdf-statement of facts. They have also determined that particulars 1a, 1c and 2a relating ./prohibition_order_mr_steven_john_laverty_001.pdf-to Mr Laverty’s handling of pupils fall well short of the standards expected of a ./prohibition_order_mr_steven_john_laverty_001.pdf-teacher and amount to unacceptable professional conduct. ./prohibition_order_mr_steven_john_laverty_001.pdf- ./prohibition_order_mr_steven_john_laverty_001.pdf-With regard to particular 2b the panel found proven the allegation that Mr Laverty ./prohibition_order_mr_steven_john_laverty_001.pdf:had sexual intercourse with a former student and that he failed to observe proper ./prohibition_order_mr_steven_john_laverty_001.pdf-boundaries commensurate with his professional position. This behaviour was judged ./prohibition_order_mr_steven_john_laverty_001.pdf-to be conduct that might bring the profession into disrepute. ./prohibition_order_mr_steven_john_laverty_001.pdf- ./prohibition_order_mr_steven_john_laverty_001.pdf-Mr Laverty has abused his position of trust and repeatedly failed to observe the ./prohibition_order_mr_steven_john_laverty_001.pdf-professional relationship boundaries expected between teacher and student. ./prohibition_order_mr_steven_john_laverty_001.pdf-Accordingly I support the panel’s recommendation that a Prohibition Order be ./prohibition_order_mr_steven_john_laverty_001.pdf-applied. ./prohibition_order_mr_steven_john_laverty_001.pdf- ./prohibition_order_mr_steven_john_laverty_001.pdf-Mr Laverty did not attend the hearing in person and the panel were therefore not ./prohibition_order_mr_steven_john_laverty_001.pdf-given the opportunity to evaluate his attitude to these incidents nor whether he has ./Prohibition_order_MR_Tejinder_Mand.pdf-B. Allegations ./Prohibition_order_MR_Tejinder_Mand.pdf-The Panel considered the allegations set out in the Notice of Meeting dated 14 May 2014. ./Prohibition_order_MR_Tejinder_Mand.pdf- ./Prohibition_order_MR_Tejinder_Mand.pdf-It was alleged that Mr Tejinder Mand had been convicted of the following Relevant ./Prohibition_order_MR_Tejinder_Mand.pdf-Offences:- ./Prohibition_order_MR_Tejinder_Mand.pdf- ./Prohibition_order_MR_Tejinder_Mand.pdf:1. Offence: Cause/incite prostitution of/pornography involving child 13 to 17 on ./Prohibition_order_MR_Tejinder_Mand.pdf- 21/12/10. ./Prohibition_order_MR_Tejinder_Mand.pdf- ./Prohibition_order_MR_Tejinder_Mand.pdf- Court: St Albans Crown; 14/09/12. ./Prohibition_order_MR_Tejinder_Mand.pdf- ./Prohibition_order_MR_Tejinder_Mand.pdf- Sentence: Suspended imprisonment 6 months, wholly suspended 24 months; ./Prohibition_order_MR_Tejinder_Mand.pdf- programme requirements; sexual offences prevention order 5 years; ./Prohibition_order_MR_Tejinder_Mand.pdf- sex offenders notice 5 years; supervision requirement; costs ./Prohibition_order_MR_Tejinder_Mand.pdf- £450.00; forfeiture and destruction of laptop. ./Prohibition_order_MR_Tejinder_Mand.pdf- ./Prohibition_order_MR_Tejinder_Mand.pdf-2. Offence: Possessing an indecent photograph or pseudo-photograph of a child ./Prohibition_order_MR_Tejinder_Mand.pdf- on 11/07/11 – 16//08/11. ./Prohibition_order_MR_Tejinder_Mand.pdf- ./Prohibition_order_MR_Tejinder_Mand.pdf- Court: St Albans Crown; 14/09/12. ./Prohibition_order_MR_Tejinder_Mand.pdf- ./Prohibition_order_MR_Tejinder_Mand.pdf- Sentence: No separate penalty. ./Prohibition_order_MR_Tejinder_Mand.pdf- ./Prohibition_order_MR_Tejinder_Mand.pdf:3. Offence: Cause/incite prostitution of/pornography involving child 13 to 17 on ./Prohibition_order_MR_Tejinder_Mand.pdf- 21/12/10 – 16/08/11. ./Prohibition_order_MR_Tejinder_Mand.pdf- ./Prohibition_order_MR_Tejinder_Mand.pdf- Court: St Albans Crown; 14/09/12. ./Prohibition_order_MR_Tejinder_Mand.pdf- ./Prohibition_order_MR_Tejinder_Mand.pdf- Sentence: Suspended imprisonment 6 months wholly suspended 24 months; ./Prohibition_order_MR_Tejinder_Mand.pdf- programme requirement. ./Prohibition_order_MR_Tejinder_Mand.pdf- ./Prohibition_order_MR_Tejinder_Mand.pdf-C. Summary of Evidence ./Prohibition_order_MR_Tejinder_Mand.pdf- ./Prohibition_order_MR_Tejinder_Mand.pdf-Documents -- ./Prohibition_order_MR_Tejinder_Mand.pdf-criminal charge. Those images were categorised at the lowest level of seriousness in ./Prohibition_order_MR_Tejinder_Mand.pdf-accordance with the Sentencing Council’s Guidelines. ./Prohibition_order_MR_Tejinder_Mand.pdf- ./Prohibition_order_MR_Tejinder_Mand.pdf-Mr Mand was interviewed under caution by the Police on two separate occasions, in ./Prohibition_order_MR_Tejinder_Mand.pdf-August 2011 and May 2012, where he made admissions in relation to the allegations ./Prohibition_order_MR_Tejinder_Mand.pdf-made. He said he was not preying on young girls and he thought that what he had done ./Prohibition_order_MR_Tejinder_Mand.pdf-was “a bit of harmless fun and escapism.” ./Prohibition_order_MR_Tejinder_Mand.pdf- ./Prohibition_order_MR_Tejinder_Mand.pdf-In due course, Mr Mand was charged with an offence of possessing indecent photographs ./Prohibition_order_MR_Tejinder_Mand.pdf-of a child and two further offences of causing or inciting a child under 18 to be involved in ./Prohibition_order_MR_Tejinder_Mand.pdf:pornography. He pleaded guilty before the Magistrates’ Court and was committed to St ./Prohibition_order_MR_Tejinder_Mand.pdf-Albans Crown Court for sentencing. He appeared at St Albans Crown Court on 14 ./Prohibition_order_MR_Tejinder_Mand.pdf-September 2012 and was sentenced to concurrent terms of imprisonment totalling 6 ./Prohibition_order_MR_Tejinder_Mand.pdf-months, suspended for 24 months, with ancillary orders also being made. ./Prohibition_order_MR_Tejinder_Mand.pdf- ./Prohibition_order_MR_Tejinder_Mand.pdf-Mr Mand does not deny the facts of this case and accepts the convictions to which he was ./Prohibition_order_MR_Tejinder_Mand.pdf-made subject. ./Prohibition_order_MR_Tejinder_Mand.pdf- ./Prohibition_order_MR_Tejinder_Mand.pdf-In mitigation he says that he has lost his job where he was respected and valued, his ./Prohibition_order_MR_Tejinder_Mand.pdf-financial independence, his partner, his security and self-esteem. He is acutely conscious ./Prohibition_order_MR_Tejinder_Mand.pdf-of the shame and guilt he has caused to his family and that he has destroyed their trust in -- ./Prohibition_order_MR_Tejinder_Mand.pdf-of his conduct, his arrest and his appearance before the Court has led to depression, panic ./Prohibition_order_MR_Tejinder_Mand.pdf-attacks, loss of weight, appetite and sleep. ./Prohibition_order_MR_Tejinder_Mand.pdf- ./Prohibition_order_MR_Tejinder_Mand.pdf-The case papers contain at Pages 7 to 13 a Statement of Agreed Facts. ./Prohibition_order_MR_Tejinder_Mand.pdf- ./Prohibition_order_MR_Tejinder_Mand.pdf-Findings of Fact ./Prohibition_order_MR_Tejinder_Mand.pdf-Our findings of fact are as follows:- ./Prohibition_order_MR_Tejinder_Mand.pdf- ./Prohibition_order_MR_Tejinder_Mand.pdf-We found the following particulars of the allegation against Mr Tejinder Mand proved:- ./Prohibition_order_MR_Tejinder_Mand.pdf- ./Prohibition_order_MR_Tejinder_Mand.pdf:1. Offence: Cause/incite prostitution of/pornography involving child 13 to 17 on ./Prohibition_order_MR_Tejinder_Mand.pdf- 21/12/10. ./Prohibition_order_MR_Tejinder_Mand.pdf- ./Prohibition_order_MR_Tejinder_Mand.pdf- Court: St Albans Crown; 14/09/12. ./Prohibition_order_MR_Tejinder_Mand.pdf- ./Prohibition_order_MR_Tejinder_Mand.pdf- Sentence: Suspended imprisonment 6 months, wholly suspended 24 months; ./Prohibition_order_MR_Tejinder_Mand.pdf- programme requirements; sexual offences prevention order 5 years; ./Prohibition_order_MR_Tejinder_Mand.pdf- sex offenders notice 5 years; supervision requirement; costs ./Prohibition_order_MR_Tejinder_Mand.pdf- £450.00; forfeiture and destruction of laptop. ./Prohibition_order_MR_Tejinder_Mand.pdf- ./Prohibition_order_MR_Tejinder_Mand.pdf-2. Offence: Possessing an indecent photograph or pseudo-photograph of a child ./Prohibition_order_MR_Tejinder_Mand.pdf- on 11/07/11 – 16/08/11. ./Prohibition_order_MR_Tejinder_Mand.pdf- ./Prohibition_order_MR_Tejinder_Mand.pdf- Court: St Albans Crown; 14/09/12. ./Prohibition_order_MR_Tejinder_Mand.pdf- ./Prohibition_order_MR_Tejinder_Mand.pdf- Sentence: No separate penalty. ./Prohibition_order_MR_Tejinder_Mand.pdf- ./Prohibition_order_MR_Tejinder_Mand.pdf:3. Offence: Cause/incite prostitution of/pornography involving child 13 to 17 on ./Prohibition_order_MR_Tejinder_Mand.pdf- 21/12/10 – 16/08/11. ./Prohibition_order_MR_Tejinder_Mand.pdf- ./Prohibition_order_MR_Tejinder_Mand.pdf- Court: St Albans Crown; 14/09/12. ./Prohibition_order_MR_Tejinder_Mand.pdf- ./Prohibition_order_MR_Tejinder_Mand.pdf- Sentence: Suspended imprisonment 6 months wholly suspended 24 months; ./Prohibition_order_MR_Tejinder_Mand.pdf- programme requirement. ./Prohibition_order_MR_Tejinder_Mand.pdf- ./Prohibition_order_MR_Tejinder_Mand.pdf-Our reasons are that the facts of this case are admitted by the Teacher as set out in the ./Prohibition_order_MR_Tejinder_Mand.pdf-Statement of Agreed Facts (Pages 7 to 13 of the case papers). ./Prohibition_order_MR_Tejinder_Mand.pdf- -- ./Prohibition_order_MR_Tejinder_Mand.pdf-Findings as to conviction of a relevant offence ./Prohibition_order_MR_Tejinder_Mand.pdf-These were serious convictions involving young girls whom Mr Mand had contacted and ./Prohibition_order_MR_Tejinder_Mand.pdf-engaged with over the internet. In sentencing Mr Mand the Crown Court Judge observed ./Prohibition_order_MR_Tejinder_Mand.pdf:that he had “incited a child to be involved in pornography by pretending to be a 17 year old ./Prohibition_order_MR_Tejinder_Mand.pdf-on the MSN network and inciting her to go on web cameras and take her top off.” ./Prohibition_order_MR_Tejinder_Mand.pdf-Thereafter he contacted a 14 year old girl who sent through 14 pictures of herself in ./Prohibition_order_MR_Tejinder_Mand.pdf-various states of undress including one photograph where she was completely bare. ./Prohibition_order_MR_Tejinder_Mand.pdf- ./Prohibition_order_MR_Tejinder_Mand.pdf-The Judge concluded that Mr Mand was “plainly not dangerous” and took into account his ./Prohibition_order_MR_Tejinder_Mand.pdf-early guilty pleas and other mitigation. However he declared that “a custodial sentence is ./Prohibition_order_MR_Tejinder_Mand.pdf-inevitable” but felt able to suspend the sentence of imprisonment he imposed. ./Prohibition_order_MR_Tejinder_Mand.pdf- ./Prohibition_order_MR_Tejinder_Mand.pdf-We have no doubt that the convictions are such that they are relevant to Mr Mand’s fitness ./Prohibition_order_MR_Tejinder_Mand.pdf-to be a teacher, especially as they concern his conduct towards young girls and were -- ./Prohibition_order_MR_Tejinder_Mand.pdf-over the Internet. ./Prohibition_order_MR_Tejinder_Mand.pdf- ./Prohibition_order_MR_Tejinder_Mand.pdf-The case papers establish that he had contacted Girl A in December 2010. In the following ./Prohibition_order_MR_Tejinder_Mand.pdf-month (January 2011) he had child protection training but, even then, he either did not ./Prohibition_order_MR_Tejinder_Mand.pdf-appreciate that his own admitted conduct was entirely inappropriate and in breach of ./Prohibition_order_MR_Tejinder_Mand.pdf-safeguarding principles or chose to ignore the training. Worse still he even continued to ./Prohibition_order_MR_Tejinder_Mand.pdf-correspond with Girl A once he had discovered that she was aged 13. In addition, he made ./Prohibition_order_MR_Tejinder_Mand.pdf-and sustained contact with Girl B in the summer of 2011 in spite of the very recent ./Prohibition_order_MR_Tejinder_Mand.pdf-safeguarding training. ./Prohibition_order_MR_Tejinder_Mand.pdf- ./Prohibition_order_MR_Tejinder_Mand.pdf:We are very concerned that this contact with both girls contained sexual content. We note ./Prohibition_order_MR_Tejinder_Mand.pdf-that at a point in his Caution Interview he asserted that it had, “not all been one sided” ./Prohibition_order_MR_Tejinder_Mand.pdf-although he accepted he was wrong (page 140). This assertion alone is worrying as it ./Prohibition_order_MR_Tejinder_Mand.pdf- ./Prohibition_order_MR_Tejinder_Mand.pdf- 7 ./Prohibition_order_MR_Tejinder_Mand.pdf- -- ./Prohibition_order_MR_Tejinder_Mand.pdf-suggests that he did not take full responsibility for initiating and continuing the exchanges ./Prohibition_order_MR_Tejinder_Mand.pdf-with two girls very much younger than himself and this causes us great anxiety. We also ./Prohibition_order_MR_Tejinder_Mand.pdf-note his comments to the Police that, at the time, what he did was “not preying on young ./Prohibition_order_MR_Tejinder_Mand.pdf-girls, and he just thought it was a bit of harmless fun and escapism” (page 140). That ./Prohibition_order_MR_Tejinder_Mand.pdf-observation, if true, betrays a profound lack of appreciation of how his conduct should ./Prohibition_order_MR_Tejinder_Mand.pdf-properly be viewed and that this was criminal conduct. We have to say that we find it ./Prohibition_order_MR_Tejinder_Mand.pdf-difficult to accept that it really reflected his true appreciation of what he was up to. ./Prohibition_order_MR_Tejinder_Mand.pdf- ./Prohibition_order_MR_Tejinder_Mand.pdf-We are also concerned to note the suggestion that Mr Mand affirmed that he may have ./Prohibition_order_MR_Tejinder_Mand.pdf:had sexual chats with other underage females which is contained in the letter dated 24 ./Prohibition_order_MR_Tejinder_Mand.pdf-August 2011 from Hertfordshire Constabulary (page 108). ./Prohibition_order_MR_Tejinder_Mand.pdf- ./Prohibition_order_MR_Tejinder_Mand.pdf-Mr Mand claims he was going through a bad period, although elsewhere in his personal ./Prohibition_order_MR_Tejinder_Mand.pdf-statement (page 19) he says “it was a time when things were going right for myself ./Prohibition_order_MR_Tejinder_Mand.pdf-personally” and “I had the perfect foundations.” We have concerns, even now, that he still ./Prohibition_order_MR_Tejinder_Mand.pdf-does not fully recognise the full responsibility he carries for his admitted conduct. We ./Prohibition_order_MR_Tejinder_Mand.pdf-recognise that Mr Mand was made subject to a suspended sentence of imprisonment and ./Prohibition_order_MR_Tejinder_Mand.pdf-has now had considerable time to reflect on the potentially damaging effect on the girls he ./Prohibition_order_MR_Tejinder_Mand.pdf-contacted and deceived and the inappropriateness of what he did. ./Prohibition_order_MR_Tejinder_Mand.pdf- ./prohibition_order_mr_thomas_carter.pdf- ./prohibition_order_mr_thomas_carter.pdf-Teacher ref no: 0747596 ./prohibition_order_mr_thomas_carter.pdf- ./prohibition_order_mr_thomas_carter.pdf-Teacher date of birth: 21 June 1985 ./prohibition_order_mr_thomas_carter.pdf- ./prohibition_order_mr_thomas_carter.pdf-TA Case ref no: 9185 ./prohibition_order_mr_thomas_carter.pdf- ./prohibition_order_mr_thomas_carter.pdf-Date of Determination: 10 September 2012 ./prohibition_order_mr_thomas_carter.pdf- ./prohibition_order_mr_thomas_carter.pdf-Former Employer: Borden Grammar School, Sittingbourne, Kent and the ./prohibition_order_mr_thomas_carter.pdf: Hastings Academy, East Sussex ./prohibition_order_mr_thomas_carter.pdf- ./prohibition_order_mr_thomas_carter.pdf- ./prohibition_order_mr_thomas_carter.pdf-A. Introduction ./prohibition_order_mr_thomas_carter.pdf- ./prohibition_order_mr_thomas_carter.pdf-A Professional Conduct Panel (“the Panel”) of the Teaching Agency convened on 10 ./prohibition_order_mr_thomas_carter.pdf-September 2012 at 53-55 Butts Road, Earlsdon Park, Coventry, CV1 3BH to ./prohibition_order_mr_thomas_carter.pdf-consider the case of Mr Thomas Carter. ./prohibition_order_mr_thomas_carter.pdf- ./prohibition_order_mr_thomas_carter.pdf-The Panel members were Mrs Kathy Thomson (Teacher Panellist – in the Chair), Ms ./prohibition_order_mr_thomas_carter.pdf-Fiona Tankard (Teacher Panellist) and Dr Roland Kitchen (Lay Panellist). -- ./prohibition_order_mr_thomas_carter.pdf- elements of the teachers’ standards. ./prohibition_order_mr_thomas_carter.pdf-  Mr Carter abused his position of trust in relation to the pupils. In relation to the ./prohibition_order_mr_thomas_carter.pdf- pupil in the second allegation, we considered that she was particularly ./prohibition_order_mr_thomas_carter.pdf- vulnerable, being younger and having had mental health issues, of which Mr ./prohibition_order_mr_thomas_carter.pdf- Carter was aware. ./prohibition_order_mr_thomas_carter.pdf- ./prohibition_order_mr_thomas_carter.pdf-We are satisfied that this is a proportionate sanction. ./prohibition_order_mr_thomas_carter.pdf- ./prohibition_order_mr_thomas_carter.pdf-The Panel recommends that the period after which Mr Carter may apply for the ./prohibition_order_mr_thomas_carter.pdf-Prohibition Order to be set aside should be three years. We were not satisfied that ./prohibition_order_mr_thomas_carter.pdf:this could be described as a case of serious, sexual misconduct or that the conduct ./prohibition_order_mr_thomas_carter.pdf-was so serious that we could recommend a prohibition order with no provision for the ./prohibition_order_mr_thomas_carter.pdf-teacher to apply for it to be set aside after any period of time. However, the conduct ./prohibition_order_mr_thomas_carter.pdf-was sufficiently serious to warrant a period of more than the minimum period of two ./prohibition_order_mr_thomas_carter.pdf-years”. ./prohibition_order_mr_thomas_carter.pdf- ./prohibition_order_mr_thomas_carter.pdf-Secretary of State’s Decision and Reasons ./prohibition_order_mr_thomas_carter.pdf- ./prohibition_order_mr_thomas_carter.pdf- ./prohibition_order_mr_thomas_carter.pdf-I have given careful consideration to this decision. I have considered carefully ./prohibition_order_mr_thomas_carter.pdf-the findings of the panel alongside the admissions made by the teacher. Mr ./Prohibition_order_Mr_Timothy_David_Pooley.pdf-It was alleged that Mr Pooley was guilty of having been convicted of the following ./Prohibition_order_Mr_Timothy_David_Pooley.pdf-relevant offences, in that: ./Prohibition_order_Mr_Timothy_David_Pooley.pdf- ./Prohibition_order_Mr_Timothy_David_Pooley.pdf-1. On 19 December 2013, you were convicted at Chelmsford Crown Court of ./Prohibition_order_Mr_Timothy_David_Pooley.pdf- the offence of voyeurism, contrary to Section 67 of the Sexual Offences Act. ./Prohibition_order_Mr_Timothy_David_Pooley.pdf- You committed this offence on or around 1 May 2013 when you recorded a ./Prohibition_order_Mr_Timothy_David_Pooley.pdf- person doing a private act. As a result of your conviction you were ./Prohibition_order_Mr_Timothy_David_Pooley.pdf- sentenced to a community order for 2 years with a supervision requirement ./Prohibition_order_Mr_Timothy_David_Pooley.pdf- and an unpaid work requirement of 180 hours. The forfeiture and ./Prohibition_order_Mr_Timothy_David_Pooley.pdf- destruction of your hard drive was ordered and you were made subject to a ./Prohibition_order_Mr_Timothy_David_Pooley.pdf: sexual offences prevention order for 3 years and a sex offenders notice for ./Prohibition_order_Mr_Timothy_David_Pooley.pdf- 5 years. You were ordered to pay a victim surcharge of £60.00. ./Prohibition_order_Mr_Timothy_David_Pooley.pdf- ./Prohibition_order_Mr_Timothy_David_Pooley.pdf-2. On 19 December 2013, you were convicted at Chelmsford Crown Court of ./Prohibition_order_Mr_Timothy_David_Pooley.pdf- the offence of voyeurism, contrary to Section 67 of the Sexual Offences Act. ./Prohibition_order_Mr_Timothy_David_Pooley.pdf- You committed this offence on 21 May 2013 when you operated equipment ./Prohibition_order_Mr_Timothy_David_Pooley.pdf- to enable another to observe a person doing a private act. As a result of ./Prohibition_order_Mr_Timothy_David_Pooley.pdf- your conviction you were sentenced to a community order for 2 years with a ./Prohibition_order_Mr_Timothy_David_Pooley.pdf- supervision requirement and an unpaid work requirement of 180 hours ./Prohibition_order_Mr_Timothy_David_Pooley.pdf- (concurrent). ./Prohibition_order_Mr_Timothy_David_Pooley.pdf- -- ./Prohibition_order_Mr_Timothy_David_Pooley.pdf-We have found the following particulars of the allegations against you proven, for these ./Prohibition_order_Mr_Timothy_David_Pooley.pdf-reasons: ./Prohibition_order_Mr_Timothy_David_Pooley.pdf- ./Prohibition_order_Mr_Timothy_David_Pooley.pdf-1. On 19 December 2013, you were convicted at Chelmsford Crown ./Prohibition_order_Mr_Timothy_David_Pooley.pdf-Court of the offence of voyeurism, contrary to Section 67 of the Sexual ./Prohibition_order_Mr_Timothy_David_Pooley.pdf-Offences Act. You committed this offence on or around 1 May 2013 ./Prohibition_order_Mr_Timothy_David_Pooley.pdf-when you recorded a person doing a private act. As a result of your ./Prohibition_order_Mr_Timothy_David_Pooley.pdf-conviction you were sentenced to a community order for 2 years with a ./Prohibition_order_Mr_Timothy_David_Pooley.pdf-supervision requirement and an unpaid work requirement of 180 hours. ./Prohibition_order_Mr_Timothy_David_Pooley.pdf-The forfeiture and destruction of your hard drive was ordered and you ./Prohibition_order_Mr_Timothy_David_Pooley.pdf:were made subject to a sexual offences prevention order for 3 years ./Prohibition_order_Mr_Timothy_David_Pooley.pdf:and a sex offenders notice for 5 years. You were ordered to pay victim ./Prohibition_order_Mr_Timothy_David_Pooley.pdf-surcharge of £60.00. ./Prohibition_order_Mr_Timothy_David_Pooley.pdf-In relation to this amended allegation, the Panel has seen the Court Record of ./Prohibition_order_Mr_Timothy_David_Pooley.pdf-Chelmsford Crown Court and the Police National Computer (“PNC”) record contained ./Prohibition_order_Mr_Timothy_David_Pooley.pdf-within the bundle of documents which confirms that Mr Pooley was convicted of the ./Prohibition_order_Mr_Timothy_David_Pooley.pdf-offence of voyeurism, recording a person doing a private act committed on 01 January ./Prohibition_order_Mr_Timothy_David_Pooley.pdf-2013. The Panel took note that the Statement of Agreed facts refers to this offence ./Prohibition_order_Mr_Timothy_David_Pooley.pdf-being committed on or around 1 May 2013 and not 1 January 2013 as indicated by the ./Prohibition_order_Mr_Timothy_David_Pooley.pdf-PNC record and that the Presenting Officer submits that this error in dating makes no ./Prohibition_order_Mr_Timothy_David_Pooley.pdf-material difference to the nature of the allegation being considered. The Panel agreed ./Prohibition_order_Mr_Timothy_David_Pooley.pdf-with this approach and also noted that Mr Pooley has admitted having been convicted of -- ./Prohibition_order_Mr_Timothy_David_Pooley.pdf-supervision requirement and an unpaid work requirement of 180 hours ./Prohibition_order_Mr_Timothy_David_Pooley.pdf-(concurrent). ./Prohibition_order_Mr_Timothy_David_Pooley.pdf-The Panel has seen the Court Record of Chelmsford Crown Court and the PNC record ./Prohibition_order_Mr_Timothy_David_Pooley.pdf-contained within the bundle of documents which confirms that Mr Pooley was convicted ./Prohibition_order_Mr_Timothy_David_Pooley.pdf-of the offence of voyeurism, recording a person doing a private act committed on 06 June ./Prohibition_order_Mr_Timothy_David_Pooley.pdf-2013. Mr Pooley has also admitted having been convicted of this offence. This ./Prohibition_order_Mr_Timothy_David_Pooley.pdf-allegation is therefore found proven. ./Prohibition_order_Mr_Timothy_David_Pooley.pdf- ./Prohibition_order_Mr_Timothy_David_Pooley.pdf-Findings as to conviction of a relevant offence ./Prohibition_order_Mr_Timothy_David_Pooley.pdf-The Panel found that the matters proved do amount to conviction of a relevant offence, ./Prohibition_order_Mr_Timothy_David_Pooley.pdf:as they represent an abuse of trust in relation to sexual misconduct, albeit not with a ./Prohibition_order_Mr_Timothy_David_Pooley.pdf-child. ./Prohibition_order_Mr_Timothy_David_Pooley.pdf- ./Prohibition_order_Mr_Timothy_David_Pooley.pdf-The Panel is satisfied that the conduct of Mr Pooley in relation to the facts it has found ./Prohibition_order_Mr_Timothy_David_Pooley.pdf-proved, involved breaches of Part Two of the Teachers’ Standards. We consider that Mr ./Prohibition_order_Mr_Timothy_David_Pooley.pdf-Pooley is in breach of the overarching requirement to demonstrate consistently high ./Prohibition_order_Mr_Timothy_David_Pooley.pdf-standards of personal and professional conduct, and is in breach of the following ./Prohibition_order_Mr_Timothy_David_Pooley.pdf-standard: ./Prohibition_order_Mr_Timothy_David_Pooley.pdf- ./Prohibition_order_Mr_Timothy_David_Pooley.pdf-  Teachers uphold public trust in the profession and maintain high standards of ./Prohibition_order_Mr_Timothy_David_Pooley.pdf- ethics and behaviour, within and outside school, by showing tolerance of and -- ./Prohibition_order_Mr_Timothy_David_Pooley.pdf-The Panel noted that Mr Pooley’s conviction did not lead to a sentence of imprisonment. ./Prohibition_order_Mr_Timothy_David_Pooley.pdf-However, Mr Pooley had a community order placed upon him for two years and was ./Prohibition_order_Mr_Timothy_David_Pooley.pdf:made subject to a Sexual Offences Prevention Order for three years and a sex offenders ./Prohibition_order_Mr_Timothy_David_Pooley.pdf-notice for five years. A member of the teaching profession with such a sentence is ./Prohibition_order_Mr_Timothy_David_Pooley.pdf-unlikely to uphold public confidence in the teaching profession. ./Prohibition_order_Mr_Timothy_David_Pooley.pdf- ./Prohibition_order_Mr_Timothy_David_Pooley.pdf:This is a case involving an offence of sexual activity which the Teacher Misconduct: ./Prohibition_order_Mr_Timothy_David_Pooley.pdf-Prohibition of Teachers Advice (“the Guidance”) states is likely to be considered a ./Prohibition_order_Mr_Timothy_David_Pooley.pdf-relevant offence. ./Prohibition_order_Mr_Timothy_David_Pooley.pdf- ./Prohibition_order_Mr_Timothy_David_Pooley.pdf- ./Prohibition_order_Mr_Timothy_David_Pooley.pdf-Panel’s recommendation to the Secretary of State ./Prohibition_order_Mr_Timothy_David_Pooley.pdf-Given the Panel’s findings in respect of convictions of relevant offences, it is necessary ./Prohibition_order_Mr_Timothy_David_Pooley.pdf-for the Panel to go on to consider whether it would be appropriate to recommend the ./Prohibition_order_Mr_Timothy_David_Pooley.pdf-imposition of a Prohibition Order by the Secretary of State. ./Prohibition_order_Mr_Timothy_David_Pooley.pdf- ./Prohibition_order_Mr_Timothy_David_Pooley.pdf-In considering whether to recommend to the Secretary of State that a Prohibition Order -- ./Prohibition_order_Mr_Timothy_David_Pooley.pdf- ./Prohibition_order_Mr_Timothy_David_Pooley.pdf-The Panel has considered the particular public interest considerations set out in the ./Prohibition_order_Mr_Timothy_David_Pooley.pdf-Guidance, namely the protection of pupils and the protection of other members of the ./Prohibition_order_Mr_Timothy_David_Pooley.pdf-public; the maintenance of public confidence in the profession; and declaring and ./Prohibition_order_Mr_Timothy_David_Pooley.pdf-upholding proper standards of conduct. The Panel does not consider that Mr Pooley ./Prohibition_order_Mr_Timothy_David_Pooley.pdf-poses a significant risk to the protection of pupils as his behaviour took place outside the ./Prohibition_order_Mr_Timothy_David_Pooley.pdf-educational context and did not involve pupils. The Panel also considers that Mr ./Prohibition_order_Mr_Timothy_David_Pooley.pdf-Pooley’s conduct does not pose a significant risk to members of the public. The ./Prohibition_order_Mr_Timothy_David_Pooley.pdf-misconduct was relatively unsophisticated and did not involve children. The Panel does ./Prohibition_order_Mr_Timothy_David_Pooley.pdf-consider that Mr Pooley’s behaviour amounts to an improper standard of conduct; ./Prohibition_order_Mr_Timothy_David_Pooley.pdf:however, it was at the lower end of the scale and does not amount to serious sexual ./Prohibition_order_Mr_Timothy_David_Pooley.pdf-misconduct. ./Prohibition_order_Mr_Timothy_David_Pooley.pdf- ./Prohibition_order_Mr_Timothy_David_Pooley.pdf-The Panel has considered the public interest considerations both in favour of and against ./Prohibition_order_Mr_Timothy_David_Pooley.pdf-prohibition as well as the interests of Mr Pooley. The Panel took further account of the ./Prohibition_order_Mr_Timothy_David_Pooley.pdf-Guidance, which suggests that a Prohibition Order may be appropriate if certain ./Prohibition_order_Mr_Timothy_David_Pooley.pdf-behaviours of a teacher have been proven. In the list of such behaviours, that might ./Prohibition_order_Mr_Timothy_David_Pooley.pdf-potentially be relevant in this case are: ./Prohibition_order_Mr_Timothy_David_Pooley.pdf- ./Prohibition_order_Mr_Timothy_David_Pooley.pdf:  sexual misconduct, eg involving actions that were sexually motivated or of a ./Prohibition_order_Mr_Timothy_David_Pooley.pdf: sexual nature and/or that use or exploit the trust, knowledge or influence derived ./Prohibition_order_Mr_Timothy_David_Pooley.pdf- from the individual’s professional position; ./Prohibition_order_Mr_Timothy_David_Pooley.pdf-  the commission of a serious criminal offence, including those that resulted in a ./Prohibition_order_Mr_Timothy_David_Pooley.pdf- conviction or caution, paying particular attention to offences that are ‘relevant ./Prohibition_order_Mr_Timothy_David_Pooley.pdf- matters’ for the purposes of the Police Act 1997 and criminal record disclosures. ./Prohibition_order_Mr_Timothy_David_Pooley.pdf-If a person has more than one conviction, then any convictions (including spent ./Prohibition_order_Mr_Timothy_David_Pooley.pdf-convictions) are included under the definition of “relevant matters” for the purposes of the ./Prohibition_order_Mr_Timothy_David_Pooley.pdf-Police Act 1997. ./Prohibition_order_Mr_Timothy_David_Pooley.pdf- ./Prohibition_order_Mr_Timothy_David_Pooley.pdf-Even though there were behaviours that could point to a Prohibition Order’s being ./Prohibition_order_Mr_Timothy_David_Pooley.pdf-appropriate, the Panel went on to consider whether or not there were sufficient mitigating -- ./Prohibition_order_Mr_Timothy_David_Pooley.pdf-occurred following a nervous breakdown as a result of the many different stresses (which ./Prohibition_order_Mr_Timothy_David_Pooley.pdf-are summarised above). ./Prohibition_order_Mr_Timothy_David_Pooley.pdf- ./Prohibition_order_Mr_Timothy_David_Pooley.pdf-The Panel is also mindful of the fact that prior to these convictions, there is evidence to ./Prohibition_order_Mr_Timothy_David_Pooley.pdf-suggest that Mr Pooley was a person of good character who had a good previous history ./Prohibition_order_Mr_Timothy_David_Pooley.pdf-and no previous criminal record. ./Prohibition_order_Mr_Timothy_David_Pooley.pdf- ./Prohibition_order_Mr_Timothy_David_Pooley.pdf-Even though the Panel considers that Mr Pooley’s actions were deliberate, which he has ./Prohibition_order_Mr_Timothy_David_Pooley.pdf-admitted, the Panel could find no evidence to indicate that his actions demonstrate a ./Prohibition_order_Mr_Timothy_David_Pooley.pdf-deep seated attitude that would lead to future harmful behaviour. Even though the Panel ./Prohibition_order_Mr_Timothy_David_Pooley.pdf:found Mr Pooley’s actions to be sexually motivated, the Panel does not consider that ./Prohibition_order_Mr_Timothy_David_Pooley.pdf:such conduct amounted to serious sexual misconduct. In addition, Mr Pooley did not use ./Prohibition_order_Mr_Timothy_David_Pooley.pdf-his professional position or status to influence or exploit a person or persons and the ./Prohibition_order_Mr_Timothy_David_Pooley.pdf-offences do not relate to children. ./Prohibition_order_Mr_Timothy_David_Pooley.pdf- ./Prohibition_order_Mr_Timothy_David_Pooley.pdf-The Panel is of the view that Prohibition would be neither proportionate nor appropriate in ./Prohibition_order_Mr_Timothy_David_Pooley.pdf-the circumstances. Given that the nature and severity of the behaviour is at the less ./Prohibition_order_Mr_Timothy_David_Pooley.pdf-serious end of the possible spectrum and in light of the mitigating factors that were ./Prohibition_order_Mr_Timothy_David_Pooley.pdf-present in this case, the Panel has determined that a recommendation for a Prohibition ./Prohibition_order_Mr_Timothy_David_Pooley.pdf-Order would not be appropriate in this case. ./Prohibition_order_Mr_Timothy_David_Pooley.pdf- ./Prohibition_order_Mr_Timothy_David_Pooley.pdf-The Panel judged Mr Pooley as posing a very low risk of harm towards children and that -- ./Prohibition_order_Mr_Timothy_David_Pooley.pdf-Mr Pooley has admitted the facts and that those facts amount to conviction of a relevant ./Prohibition_order_Mr_Timothy_David_Pooley.pdf-offence. Mr Pooley has been convicted of the offence of voyeurism in relation to three ./Prohibition_order_Mr_Timothy_David_Pooley.pdf:separate instances in May/June 2013. The court made Mr Pooley subject to a sexual ./Prohibition_order_Mr_Timothy_David_Pooley.pdf:offences prevention order for 3 years and a sex offenders notice for 5 years. He was ./Prohibition_order_Mr_Timothy_David_Pooley.pdf-sentenced to a community order for 2 years with a supervision requirement and an ./Prohibition_order_Mr_Timothy_David_Pooley.pdf-unpaid work requirement of 180 hours. ./Prohibition_order_Mr_Timothy_David_Pooley.pdf- ./Prohibition_order_Mr_Timothy_David_Pooley.pdf-The panel have found the facts proven and judged that those facts amount to conviction ./Prohibition_order_Mr_Timothy_David_Pooley.pdf-of a relevant offence. ./Prohibition_order_Mr_Timothy_David_Pooley.pdf- ./Prohibition_order_Mr_Timothy_David_Pooley.pdf:Mr Pooley’s behaviour amounts to an abuse of trust in relation to sexual misconduct ./Prohibition_order_Mr_Timothy_David_Pooley.pdf-albeit not with a child. ./Prohibition_order_Mr_Timothy_David_Pooley.pdf- ./Prohibition_order_Mr_Timothy_David_Pooley.pdf-In considering whether to recommend a prohibition order the panel have considered the ./Prohibition_order_Mr_Timothy_David_Pooley.pdf-public interest considerations. The panel’s judgement is that Mr Pooley does not pose a ./Prohibition_order_Mr_Timothy_David_Pooley.pdf-significant risk to the protection of pupils nor to the public but that his behaviour amounts ./Prohibition_order_Mr_Timothy_David_Pooley.pdf-to an improper standard of conduct, albeit at the lower end of the scale. They also judge ./Prohibition_order_Mr_Timothy_David_Pooley.pdf:that his behaviour does not amount to serious sexual misconduct. The panel have noted ./Prohibition_order_Mr_Timothy_David_Pooley.pdf-the numerous character statements that indicate Mr Pooley to be a decent and honest ./Prohibition_order_Mr_Timothy_David_Pooley.pdf-man who has shown insight and remorse. He regrets his actions and the mitigation ./Prohibition_order_Mr_Timothy_David_Pooley.pdf-evidence suggests that he usually practised high moral standards. The panel have also ./Prohibition_order_Mr_Timothy_David_Pooley.pdf-noted the particular emotional difficulties and personal circumstances that he was ./Prohibition_order_Mr_Timothy_David_Pooley.pdf-suffering at the time of the offences. ./Prohibition_order_Mr_Timothy_David_Pooley.pdf- ./Prohibition_order_Mr_Timothy_David_Pooley.pdf-In all the circumstances the panel have recommended that prohibition would be neither ./Prohibition_order_Mr_Timothy_David_Pooley.pdf-appropriate nor proportionate. ./Prohibition_order_Mr_Timothy_David_Pooley.pdf- ./Prohibition_order_Mr_Timothy_David_Pooley.pdf-In considering their recommendation I have carefully considered the Secretary of State’s ./Prohibition_order_Mr_Timothy_David_Pooley.pdf-advice Teacher misconduct: the prohibition of teachers. The advice is clear that a primary ./Prohibition_order_Mr_Timothy_David_Pooley.pdf-public interest consideration is the maintenance of public confidence in the profession. Mr ./Prohibition_order_Mr_Timothy_David_Pooley.pdf:Pooley has been convicted of a sexual offence that has resulted in him being subject to a ./Prohibition_order_Mr_Timothy_David_Pooley.pdf:sex offenders notice for 5 years. It is my view that this has the potential to seriously ./Prohibition_order_Mr_Timothy_David_Pooley.pdf-undermine public confidence in the profession. The advice goes on to list behaviours that ./Prohibition_order_Mr_Timothy_David_Pooley.pdf-are likely to be considered to be incompatible with being a teacher. Those behaviours ./Prohibition_order_Mr_Timothy_David_Pooley.pdf:include ‘sexual misconduct eg involving actions that were sexually motivated or of a ./Prohibition_order_Mr_Timothy_David_Pooley.pdf:sexual nature…..’ Whilst Mr Pooley has supplied character references, has shown insight ./Prohibition_order_Mr_Timothy_David_Pooley.pdf-and regret, and was dealing with difficult personal circumstances at the time, ./Prohibition_order_Mr_Timothy_David_Pooley.pdf-nevertheless I believe the public interest considerations in this case outweigh the ./Prohibition_order_Mr_Timothy_David_Pooley.pdf-interests of Mr Pooley and that the offences fall into the area where prohibition is a likely ./Prohibition_order_Mr_Timothy_David_Pooley.pdf-outcome. ./Prohibition_order_Mr_Timothy_David_Pooley.pdf- ./Prohibition_order_Mr_Timothy_David_Pooley.pdf-In the circumstances I have decided that a prohibition order is an appropriate and ./Prohibition_order_Mr_Timothy_David_Pooley.pdf-proportionate sanction. Mr Pooley should be allowed to apply for the order to be set aside ./Prohibition_order_Mr_Timothy_David_Pooley.pdf:after a minimum period of 5 years has elapsed. This will be shortly after his sex offenders ./Prohibition_order_Mr_Timothy_David_Pooley.pdf-notice expires. ./Prohibition_order_Mr_Timothy_David_Pooley.pdf- ./Prohibition_order_Mr_Timothy_David_Pooley.pdf-This means that Mr David Timothy Pooley is prohibited from teaching indefinitely ./Prohibition_order_Mr_Timothy_David_Pooley.pdf-and cannot teach in any school, sixth form college, relevant youth accommodation ./Prohibition_order_Mr_Timothy_David_Pooley.pdf-or children’s home in England. He may apply for the Prohibition Order to be set aside, ./Prohibition_order_Mr_Timothy_David_Pooley.pdf-but not until 30 September 2019, 5 years from the date of this order at the earliest. This is ./Prohibition_order_Mr_Timothy_David_Pooley.pdf-not an automatic right to have the Prohibition Order removed. If he does apply, a Panel ./Prohibition_order_Mr_Timothy_David_Pooley.pdf-will meet to consider whether the Prohibition Order should be set aside. Without a ./Prohibition_order_Mr_Timothy_David_Pooley.pdf- ./Prohibition_order_Mr_Timothy_David_Pooley.pdf- ./Prohibition_order_Ms_Beebee_Garrib.pdf-to these matters, Ms Garrib had no previous disciplinary order imposed on her by the ./Prohibition_order_Ms_Beebee_Garrib.pdf-Secretary of State, the GTCE or other relevant body. ./Prohibition_order_Ms_Beebee_Garrib.pdf- ./Prohibition_order_Ms_Beebee_Garrib.pdf-The Panel considered Ms Garrib’s actions to have been deliberate. Her actions were ./Prohibition_order_Ms_Beebee_Garrib.pdf-committed over a prolonged period and involved a number of different deceptions. The ./Prohibition_order_Ms_Beebee_Garrib.pdf-Panel had also seen a note seized from Ms Garrib’s house listing actions she would need ./Prohibition_order_Ms_Beebee_Garrib.pdf-to complete in order to perpetrate such deceptions. The Panel noted that Ms Garrib ./Prohibition_order_Ms_Beebee_Garrib.pdf-attempted to cover up her actions. ./Prohibition_order_Ms_Beebee_Garrib.pdf- ./Prohibition_order_Ms_Beebee_Garrib.pdf-Ms Garrib has provided the Panel with representations that she committed the offences ./Prohibition_order_Ms_Beebee_Garrib.pdf:whilst being the subject of serious physical, emotional and sexual abuse. However, the ./Prohibition_order_Ms_Beebee_Garrib.pdf-Panel noticed that Ms Garrib’s pattern of behaviour persisted over a long period of time ./Prohibition_order_Ms_Beebee_Garrib.pdf-regardless of fundamental changes to her circumstances, for instance change to her ./Prohibition_order_Ms_Beebee_Garrib.pdf-marital circumstances. There is no independent account to corroborate Ms Garrib’s ./Prohibition_order_Ms_Beebee_Garrib.pdf:account that she was the victim of physical and sexual violence; those who refer to abuse ./Prohibition_order_Ms_Beebee_Garrib.pdf-generally depended on Ms Garrib’s account of the alleged abuse. Ms Garrib’s sister has ./Prohibition_order_Ms_Beebee_Garrib.pdf-referred to abuse suffered by Ms Garrib but provides no timescales as to the period over ./Prohibition_order_Ms_Beebee_Garrib.pdf-which the alleged abuse was suffered. The Panel considered it noteworthy that there ./Prohibition_order_Ms_Beebee_Garrib.pdf- ./Prohibition_order_Ms_Beebee_Garrib.pdf- 14 ./Prohibition_order_Ms_Beebee_Garrib.pdf- ./prohibition_order_ms_catherine_louise_reynolds_001.pdf- dated 13th March 2012. ./prohibition_order_ms_catherine_louise_reynolds_001.pdf- ./prohibition_order_ms_catherine_louise_reynolds_001.pdf- It was alleged that Ms Catherine Louise Reynolds was guilty of unacceptable ./prohibition_order_ms_catherine_louise_reynolds_001.pdf- professional conduct, in that she: ./prohibition_order_ms_catherine_louise_reynolds_001.pdf- ./prohibition_order_ms_catherine_louise_reynolds_001.pdf- 1. Used inappropriate language towards pupils; ./prohibition_order_ms_catherine_louise_reynolds_001.pdf- ./prohibition_order_ms_catherine_louise_reynolds_001.pdf- 2. Made inappropriate comments and remarks to pupils: ./prohibition_order_ms_catherine_louise_reynolds_001.pdf- ./prohibition_order_ms_catherine_louise_reynolds_001.pdf- (a) of a personal nature; ./prohibition_order_ms_catherine_louise_reynolds_001.pdf: (b) of a sexual nature; ./prohibition_order_ms_catherine_louise_reynolds_001.pdf- -- ./prohibition_order_ms_catherine_louise_reynolds_001.pdf- ./prohibition_order_ms_catherine_louise_reynolds_001.pdf- (a) of a personal nature; ./prohibition_order_ms_catherine_louise_reynolds_001.pdf- ./prohibition_order_ms_catherine_louise_reynolds_001.pdf- It was accepted by Ms Reynolds that she had informed the class ./prohibition_order_ms_catherine_louise_reynolds_001.pdf- of circumstances in which she had taken a morning after pill and ./prohibition_order_ms_catherine_louise_reynolds_001.pdf- an occasion when she told the pupils in the class about a ./prohibition_order_ms_catherine_louise_reynolds_001.pdf- relationship she had formed with an older man. The Panel finds ./prohibition_order_ms_catherine_louise_reynolds_001.pdf- that Ms Reynolds also made reference to her social life and ./prohibition_order_ms_catherine_louise_reynolds_001.pdf- occasions when she has been drinking alcohol to excess. ./prohibition_order_ms_catherine_louise_reynolds_001.pdf- ./prohibition_order_ms_catherine_louise_reynolds_001.pdf: (b) of a sexual nature; ./prohibition_order_ms_catherine_louise_reynolds_001.pdf- ./prohibition_order_ms_catherine_louise_reynolds_001.pdf- The Panel accepts the evidence of pupils C to I and finds that Ms ./prohibition_order_ms_catherine_louise_reynolds_001.pdf: Reynolds made numerous references to sex from a personal ./prohibition_order_ms_catherine_louise_reynolds_001.pdf: perspective. One pupil states that Ms Reynolds stated how “sex ./prohibition_order_ms_catherine_louise_reynolds_001.pdf- is good and says not to get married because then you can’t ./prohibition_order_ms_catherine_louise_reynolds_001.pdf: sleep around” and “you should have sex all the time”. ./prohibition_order_ms_catherine_louise_reynolds_001.pdf- ./prohibition_order_ms_catherine_louise_reynolds_001.pdf- Ms Reynolds accepts, and the Panel finds, that, whilst she ./prohibition_order_ms_catherine_louise_reynolds_001.pdf- immediately regretted doing so, she had informed the pupils in ./prohibition_order_ms_catherine_louise_reynolds_001.pdf: class that she travelled to Amsterdam and that there was a sex ./prohibition_order_ms_catherine_louise_reynolds_001.pdf- show involving a horse and a woman. Whilst denied, the Panel ./prohibition_order_ms_catherine_louise_reynolds_001.pdf- also finds that Ms Reynolds told the pupils that she had been for ./prohibition_order_ms_catherine_louise_reynolds_001.pdf- a naked massage. ./prohibition_order_ms_catherine_louise_reynolds_001.pdf- ./prohibition_order_ms_catherine_louise_reynolds_001.pdf- (c) regarding members of staff and other pupils; ./prohibition_order_ms_catherine_louise_reynolds_001.pdf- ./prohibition_order_ms_catherine_louise_reynolds_001.pdf- Ms Reynolds described another teacher to Pupils D, E, and F as ./prohibition_order_ms_catherine_louise_reynolds_001.pdf- a “bitch” and that nobody liked her. ./prohibition_order_ms_catherine_louise_reynolds_001.pdf- ./prohibition_order_ms_catherine_louise_reynolds_001.pdf- When speaking to Pupil C, Ms Reynolds stated that Witness A ./Prohibition_Order_Ms_Catherine_Rayne.pdf- ./Prohibition_Order_Ms_Catherine_Rayne.pdf- ./Prohibition_Order_Ms_Catherine_Rayne.pdf-Teacher: Ms Catherine Rayne ./Prohibition_Order_Ms_Catherine_Rayne.pdf- ./Prohibition_Order_Ms_Catherine_Rayne.pdf-Teacher ref no: 1383204 ./Prohibition_Order_Ms_Catherine_Rayne.pdf- ./Prohibition_Order_Ms_Catherine_Rayne.pdf-TA Case ref no: 0009372 ./Prohibition_Order_Ms_Catherine_Rayne.pdf- ./Prohibition_Order_Ms_Catherine_Rayne.pdf-Date of Determination: 8 May 2013 ./Prohibition_Order_Ms_Catherine_Rayne.pdf- ./Prohibition_Order_Ms_Catherine_Rayne.pdf:Former Employer: Michael Hall School, East Sussex ./Prohibition_Order_Ms_Catherine_Rayne.pdf- ./Prohibition_Order_Ms_Catherine_Rayne.pdf- ./Prohibition_Order_Ms_Catherine_Rayne.pdf- ./Prohibition_Order_Ms_Catherine_Rayne.pdf-A. Introduction ./Prohibition_Order_Ms_Catherine_Rayne.pdf- ./Prohibition_Order_Ms_Catherine_Rayne.pdf-A Professional Conduct Panel (“the Panel”) of the Teaching Agency convened on 8 ./Prohibition_Order_Ms_Catherine_Rayne.pdf-May 2013 at 53-55 Butts Road, Earlsdon Park, Coventry, CV1 3BH to consider the ./Prohibition_Order_Ms_Catherine_Rayne.pdf-case of Ms Catherine Rayne. ./Prohibition_Order_Ms_Catherine_Rayne.pdf- ./Prohibition_Order_Ms_Catherine_Rayne.pdf-The Panel members were: -- ./Prohibition_Order_Ms_Catherine_Rayne.pdf- ./Prohibition_Order_Ms_Catherine_Rayne.pdf- ./Prohibition_Order_Ms_Catherine_Rayne.pdf-B. Allegations ./Prohibition_Order_Ms_Catherine_Rayne.pdf- ./Prohibition_Order_Ms_Catherine_Rayne.pdf-The Panel considered the allegations set out in the Notice of Proceedings dated 29 ./Prohibition_Order_Ms_Catherine_Rayne.pdf-January 2013 (‘the Notice’) and Statement of Agreed Facts signed by Ms Rayne on ./Prohibition_Order_Ms_Catherine_Rayne.pdf-12 April 2013. ./Prohibition_Order_Ms_Catherine_Rayne.pdf- ./Prohibition_Order_Ms_Catherine_Rayne.pdf-It was alleged that Ms Rayne was guilty of unacceptable professional conduct and/or ./Prohibition_Order_Ms_Catherine_Rayne.pdf-conduct that may bring the profession into disrepute, whilst employed at Michael Hall ./Prohibition_Order_Ms_Catherine_Rayne.pdf:School, East Sussex, she: ./Prohibition_Order_Ms_Catherine_Rayne.pdf- ./Prohibition_Order_Ms_Catherine_Rayne.pdf- Rayne – Page 1 ./Prohibition_Order_Ms_Catherine_Rayne.pdf- -- ./Prohibition_Order_Ms_Catherine_Rayne.pdf- ./Prohibition_Order_Ms_Catherine_Rayne.pdf-Statement of Agreed Facts ./Prohibition_Order_Ms_Catherine_Rayne.pdf- ./Prohibition_Order_Ms_Catherine_Rayne.pdf-On 12 April 2013, Ms Rayne agreed the following statement of facts (in the interests ./Prohibition_Order_Ms_Catherine_Rayne.pdf-of preserving the anonymity of the pupil concerned, he is referred to hereunder as ./Prohibition_Order_Ms_Catherine_Rayne.pdf-‘Pupil A’, rather than as identified in the agreed statement, and the names of his ./Prohibition_Order_Ms_Catherine_Rayne.pdf-parent and guardians have been redacted): ./Prohibition_Order_Ms_Catherine_Rayne.pdf- ./Prohibition_Order_Ms_Catherine_Rayne.pdf-1. From September 2009, Catherine Rayne was employed at Michael Hall ./Prohibition_Order_Ms_Catherine_Rayne.pdf- Steiner Waldorf School (“the School”), Kidbrooke Park, Forest Row, East ./Prohibition_Order_Ms_Catherine_Rayne.pdf: Sussex, RH18'5JA. Catherine Rayne was employed to teach History and ./Prohibition_Order_Ms_Catherine_Rayne.pdf- Geography to students aged 16 - 18 years. Prior to her employment at the ./Prohibition_Order_Ms_Catherine_Rayne.pdf- School, she worked as a Contract Teacher for Academics Limited from ./Prohibition_Order_Ms_Catherine_Rayne.pdf- November 2008 to July 2009. Catherine Rayne holds the following ./Prohibition_Order_Ms_Catherine_Rayne.pdf- qualifications: BA (Hons) Classical Art and Archaeology (University College ./Prohibition_Order_Ms_Catherine_Rayne.pdf- London) and a Graduate Diploma in Education (Secondary Monach [sic] ./Prohibition_Order_Ms_Catherine_Rayne.pdf- University, Melbourne). ./Prohibition_Order_Ms_Catherine_Rayne.pdf- ./Prohibition_Order_Ms_Catherine_Rayne.pdf- ./Prohibition_Order_Ms_Catherine_Rayne.pdf- ./Prohibition_Order_Ms_Catherine_Rayne.pdf- -- ./Prohibition_Order_Ms_Catherine_Rayne.pdf-E. Decision and Reasons ./Prohibition_Order_Ms_Catherine_Rayne.pdf- ./Prohibition_Order_Ms_Catherine_Rayne.pdf-The Panel announced its decision and reasons as follows: ./Prohibition_Order_Ms_Catherine_Rayne.pdf- ./Prohibition_Order_Ms_Catherine_Rayne.pdf-The Panel has carefully considered the case before it and has reached a decision. ./Prohibition_Order_Ms_Catherine_Rayne.pdf- ./Prohibition_Order_Ms_Catherine_Rayne.pdf-Findings of fact ./Prohibition_Order_Ms_Catherine_Rayne.pdf- ./Prohibition_Order_Ms_Catherine_Rayne.pdf-Our findings of fact are as follows: ./Prohibition_Order_Ms_Catherine_Rayne.pdf- ./Prohibition_Order_Ms_Catherine_Rayne.pdf:Ms Rayne has admitted, that, whilst employed at Michael Hall School, East Sussex, ./Prohibition_Order_Ms_Catherine_Rayne.pdf-she: ./Prohibition_Order_Ms_Catherine_Rayne.pdf- ./Prohibition_Order_Ms_Catherine_Rayne.pdf- 1. engaged in inappropriate behaviour towards Pupil A in that she; ./Prohibition_Order_Ms_Catherine_Rayne.pdf- ./Prohibition_Order_Ms_Catherine_Rayne.pdf- a) between September 2009 and March 2011 communicated with ./Prohibition_Order_Ms_Catherine_Rayne.pdf- him by text message; ./Prohibition_Order_Ms_Catherine_Rayne.pdf- ./Prohibition_Order_Ms_Catherine_Rayne.pdf- b) between September 2009 and March 2011 communicated with ./Prohibition_Order_Ms_Catherine_Rayne.pdf- him via the social networking website, Facebook; ./Prohibition_Order_Ms_Catherine_Rayne.pdf- ./Prohibition_order_Ms_Debbie_Jane_Evans.pdf-B. Allegations ./Prohibition_order_Ms_Debbie_Jane_Evans.pdf-The panel considered the allegations set out in the Notice of Proceedings dated 1 ./Prohibition_order_Ms_Debbie_Jane_Evans.pdf-October 2014. ./Prohibition_order_Ms_Debbie_Jane_Evans.pdf- ./Prohibition_order_Ms_Debbie_Jane_Evans.pdf-It is alleged that Ms Debbie Jane Evans is guilty of unacceptable professional conduct ./Prohibition_order_Ms_Debbie_Jane_Evans.pdf-and/or conduct that may bring the profession into disrepute in that whilst employed by ./Prohibition_order_Ms_Debbie_Jane_Evans.pdf-South Wilts Grammar School, between 2011 and 2012: ./Prohibition_order_Ms_Debbie_Jane_Evans.pdf- ./Prohibition_order_Ms_Debbie_Jane_Evans.pdf-1. She abused her position of trust by entering into an inappropriate relationship, ./Prohibition_order_Ms_Debbie_Jane_Evans.pdf:including of a sexual nature, with a female student aged 18, Student A, who was on the ./Prohibition_order_Ms_Debbie_Jane_Evans.pdf-school roll at the time; and ./Prohibition_order_Ms_Debbie_Jane_Evans.pdf- ./Prohibition_order_Ms_Debbie_Jane_Evans.pdf:2. In doing so her conduct was sexually motivated. ./Prohibition_order_Ms_Debbie_Jane_Evans.pdf- ./Prohibition_order_Ms_Debbie_Jane_Evans.pdf-Ms Evans admits the facts of the allegations and that they amount to unacceptable ./Prohibition_order_Ms_Debbie_Jane_Evans.pdf-professional conduct / conduct that may bring the profession into disrepute. ./Prohibition_order_Ms_Debbie_Jane_Evans.pdf- ./Prohibition_order_Ms_Debbie_Jane_Evans.pdf- ./Prohibition_order_Ms_Debbie_Jane_Evans.pdf- ./Prohibition_order_Ms_Debbie_Jane_Evans.pdf-C. Preliminary applications ./Prohibition_order_Ms_Debbie_Jane_Evans.pdf-There were no preliminary applications. ./Prohibition_order_Ms_Debbie_Jane_Evans.pdf- ./Prohibition_order_Ms_Debbie_Jane_Evans.pdf- -- ./Prohibition_order_Ms_Debbie_Jane_Evans.pdf- ./Prohibition_order_Ms_Debbie_Jane_Evans.pdf-Ms Debbie Evans started working at South Wilts Grammar School in May 1990. In ./Prohibition_order_Ms_Debbie_Jane_Evans.pdf-September 2010, Student A, referred to in the allegations, joined the School. At this ./Prohibition_order_Ms_Debbie_Jane_Evans.pdf-point Ms Evans was head of the art department. In May 2011, Ms Evans supported ./Prohibition_order_Ms_Debbie_Jane_Evans.pdf-Student A when she was taken ill at the School. In the Summer of 2011, Ms Evans was ./Prohibition_order_Ms_Debbie_Jane_Evans.pdf-invited to a meal at Student A’s home and Ms Evans began to give Student A lifts to and ./Prohibition_order_Ms_Debbie_Jane_Evans.pdf-from school. In late 2011 Student A turned 18. The following month, Student A and Ms ./Prohibition_order_Ms_Debbie_Jane_Evans.pdf-Evans went for a meal and it is the National College’s case that after this meal they ./Prohibition_order_Ms_Debbie_Jane_Evans.pdf-kissed. ./Prohibition_order_Ms_Debbie_Jane_Evans.pdf- ./Prohibition_order_Ms_Debbie_Jane_Evans.pdf:It is alleged that they entered a sexual relationship from this time onwards. Student A ./Prohibition_order_Ms_Debbie_Jane_Evans.pdf-finished at the School in July 2012. It is alleged that the relationship continued until ./Prohibition_order_Ms_Debbie_Jane_Evans.pdf-October 2013. Student A’s mother contacted the School on 27 October 2013, to discuss ./Prohibition_order_Ms_Debbie_Jane_Evans.pdf-unspecified concerns about a teacher. On 31 October 2013, Ms Evans resigned with ./Prohibition_order_Ms_Debbie_Jane_Evans.pdf-effect from 31 December 2013. On 11 November 2013, Student A’s parents reported the ./Prohibition_order_Ms_Debbie_Jane_Evans.pdf-alleged relationship to the School. ./Prohibition_order_Ms_Debbie_Jane_Evans.pdf- ./Prohibition_order_Ms_Debbie_Jane_Evans.pdf-On 11 March 2014 the School determined that, had Ms Evans remained in the ./Prohibition_order_Ms_Debbie_Jane_Evans.pdf-employment of the School, they would have found her guilty of gross misconduct, on the ./Prohibition_order_Ms_Debbie_Jane_Evans.pdf-basis of allegations substantially the same as allegation 1 to be considered by this panel ./Prohibition_order_Ms_Debbie_Jane_Evans.pdf-and an allegation that this conduct breached part 2 of the Teachers’ Standards. -- ./Prohibition_order_Ms_Debbie_Jane_Evans.pdf-1. She abused her position of trust by entering into an inappropriate ./Prohibition_order_Ms_Debbie_Jane_Evans.pdf:relationship, including of a sexual nature, with a female student aged ./Prohibition_order_Ms_Debbie_Jane_Evans.pdf-18, Student A, who was on the school roll at the time. ./Prohibition_order_Ms_Debbie_Jane_Evans.pdf-The facts of this allegation are admitted by Ms Evans and are consistent with the ./Prohibition_order_Ms_Debbie_Jane_Evans.pdf-evidence before the panel, including the witness statement of Student A. In particular, ./Prohibition_order_Ms_Debbie_Jane_Evans.pdf-the witness statements of both Ms Evans and Student A give considerable detail of the ./Prohibition_order_Ms_Debbie_Jane_Evans.pdf:existence of the relationship, its timing and its sexual nature. On all of these bases, the ./Prohibition_order_Ms_Debbie_Jane_Evans.pdf-panel finds this allegation proven. ./Prohibition_order_Ms_Debbie_Jane_Evans.pdf- ./Prohibition_order_Ms_Debbie_Jane_Evans.pdf- ./Prohibition_order_Ms_Debbie_Jane_Evans.pdf:2. In doing so her conduct was sexually motivated. ./Prohibition_order_Ms_Debbie_Jane_Evans.pdf:The panel has found that the relationship was of a sexual nature and Ms Evans has ./Prohibition_order_Ms_Debbie_Jane_Evans.pdf:admitted that her conduct was sexually motivated. This admission is consistent with all of ./Prohibition_order_Ms_Debbie_Jane_Evans.pdf-the evidence before the panel. On these bases, the panel finds this allegation proven. ./Prohibition_order_Ms_Debbie_Jane_Evans.pdf- ./Prohibition_order_Ms_Debbie_Jane_Evans.pdf-Findings as to unacceptable professional conduct and/or ./Prohibition_order_Ms_Debbie_Jane_Evans.pdf-conduct that may bring the profession into disrepute ./Prohibition_order_Ms_Debbie_Jane_Evans.pdf-Ms Evans acknowledges and understands that her actions amounted to unacceptable ./Prohibition_order_Ms_Debbie_Jane_Evans.pdf-professional conduct and/or conduct that may bring the profession into disrepute. ./Prohibition_order_Ms_Debbie_Jane_Evans.pdf-Nonetheless, these are matters that the panel is obliged to consider and it has done so, ./Prohibition_order_Ms_Debbie_Jane_Evans.pdf-independent of Ms Evans’ acknowledgment and understanding. ./Prohibition_order_Ms_Debbie_Jane_Evans.pdf- ./Prohibition_order_Ms_Debbie_Jane_Evans.pdf-In considering the allegations that the panel has found proven, the panel has had regard -- ./Prohibition_order_Ms_Debbie_Jane_Evans.pdf-namely the protection of pupils, the maintenance of public confidence in the profession ./Prohibition_order_Ms_Debbie_Jane_Evans.pdf-and declaring and upholding proper standards of conduct. ./Prohibition_order_Ms_Debbie_Jane_Evans.pdf- ./Prohibition_order_Ms_Debbie_Jane_Evans.pdf:In light of the panel’s findings against Ms Evans, which involved sexual activity with a ./Prohibition_order_Ms_Debbie_Jane_Evans.pdf-student who was on the school roll at the time, there is a strong public interest ./Prohibition_order_Ms_Debbie_Jane_Evans.pdf-consideration in the protection of pupils. ./Prohibition_order_Ms_Debbie_Jane_Evans.pdf- ./Prohibition_order_Ms_Debbie_Jane_Evans.pdf-Similarly, the panel considers that public confidence in the profession could be seriously ./Prohibition_order_Ms_Debbie_Jane_Evans.pdf-weakened if conduct such as that found against Ms Evans were not treated with the ./Prohibition_order_Ms_Debbie_Jane_Evans.pdf-utmost seriousness when regulating the conduct of the profession. ./Prohibition_order_Ms_Debbie_Jane_Evans.pdf- ./Prohibition_order_Ms_Debbie_Jane_Evans.pdf-The panel considered that a strong public interest consideration in declaring proper ./Prohibition_order_Ms_Debbie_Jane_Evans.pdf-standards of conduct in the profession was also present as the conduct found against Ms ./Prohibition_order_Ms_Debbie_Jane_Evans.pdf-Evans was outside that which could reasonably be tolerated. -- ./Prohibition_order_Ms_Debbie_Jane_Evans.pdf-Evans. The panel took further account of the guidance, which suggests that a prohibition ./Prohibition_order_Ms_Debbie_Jane_Evans.pdf-order may be appropriate if certain behaviours of a teacher have been proven. In the list ./Prohibition_order_Ms_Debbie_Jane_Evans.pdf-of such behaviours, those that are relevant in this case are: ./Prohibition_order_Ms_Debbie_Jane_Evans.pdf- ./Prohibition_order_Ms_Debbie_Jane_Evans.pdf-  serious departure from the personal and professional conduct elements of the ./Prohibition_order_Ms_Debbie_Jane_Evans.pdf- teachers’ standards; and ./Prohibition_order_Ms_Debbie_Jane_Evans.pdf-  misconduct seriously affecting the education and/or well-being of pupils, and ./Prohibition_order_Ms_Debbie_Jane_Evans.pdf- particularly where there is a continuing risk; and ./Prohibition_order_Ms_Debbie_Jane_Evans.pdf-  abuse of position or trust (particularly involving vulnerable pupils) or violation of the ./Prohibition_order_Ms_Debbie_Jane_Evans.pdf- rights of pupils; and ./Prohibition_order_Ms_Debbie_Jane_Evans.pdf:  sexual misconduct, e.g. involving actions that were sexually motivated or of a ./Prohibition_order_Ms_Debbie_Jane_Evans.pdf: sexual nature and/or that use or exploit the trust, knowledge or influence derived ./Prohibition_order_Ms_Debbie_Jane_Evans.pdf- from the individual’s professional position. ./Prohibition_order_Ms_Debbie_Jane_Evans.pdf-Even though there were behaviours that would point to a prohibition order being ./Prohibition_order_Ms_Debbie_Jane_Evans.pdf-appropriate, the panel went on to consider whether or not there were sufficient mitigating ./Prohibition_order_Ms_Debbie_Jane_Evans.pdf-factors to militate against a prohibition order being an appropriate and proportionate ./Prohibition_order_Ms_Debbie_Jane_Evans.pdf-measure to impose, particularly taking into account the nature and severity of the ./Prohibition_order_Ms_Debbie_Jane_Evans.pdf-behaviour in this case. ./Prohibition_order_Ms_Debbie_Jane_Evans.pdf- ./Prohibition_order_Ms_Debbie_Jane_Evans.pdf-There was no evidence that the teacher’s actions were not deliberate, nor was there any ./Prohibition_order_Ms_Debbie_Jane_Evans.pdf-evidence to suggest that the teacher was acting under duress. ./Prohibition_order_Ms_Debbie_Jane_Evans.pdf- -- ./Prohibition_order_Ms_Debbie_Jane_Evans.pdf-Secretary of State that a prohibition order should be imposed with immediate effect. ./Prohibition_order_Ms_Debbie_Jane_Evans.pdf- ./Prohibition_order_Ms_Debbie_Jane_Evans.pdf-The panel went on to consider whether or not it would be appropriate for them to decide ./Prohibition_order_Ms_Debbie_Jane_Evans.pdf-to recommend that a review period of the order should be considered. The panel was ./Prohibition_order_Ms_Debbie_Jane_Evans.pdf-mindful that the guidance advises that a prohibition order applies for life, but there may ./Prohibition_order_Ms_Debbie_Jane_Evans.pdf-be circumstances in any given case that may make it appropriate to allow a teacher to ./Prohibition_order_Ms_Debbie_Jane_Evans.pdf-apply to have the prohibition order reviewed after a specified period of time, that may not ./Prohibition_order_Ms_Debbie_Jane_Evans.pdf-be less than two years. ./Prohibition_order_Ms_Debbie_Jane_Evans.pdf- ./Prohibition_order_Ms_Debbie_Jane_Evans.pdf-The guidance indicates that there are behaviours that, if proven, would militate against a ./Prohibition_order_Ms_Debbie_Jane_Evans.pdf:review period being recommended. One of these is serious sexual misconduct, eg where ./Prohibition_order_Ms_Debbie_Jane_Evans.pdf:the act was sexually motivated and resulted in, or had the potential to result in, harm to a ./Prohibition_order_Ms_Debbie_Jane_Evans.pdf-person or persons, particularly where the individual has used their professional position ./Prohibition_order_Ms_Debbie_Jane_Evans.pdf-to influence or exploit a person or persons. The panel has found that Ms Evans has ./Prohibition_order_Ms_Debbie_Jane_Evans.pdf:abused her position of trust, that her actions were sexually motivated and have caused ./Prohibition_order_Ms_Debbie_Jane_Evans.pdf-Student A emotional harm. On these bases, the panel considers that Ms Evans’ conduct ./Prohibition_order_Ms_Debbie_Jane_Evans.pdf:did amount to serious sexual misconduct. ./Prohibition_order_Ms_Debbie_Jane_Evans.pdf- ./Prohibition_order_Ms_Debbie_Jane_Evans.pdf-This does not mean that the panel is bound to recommend that there be no provision for ./Prohibition_order_Ms_Debbie_Jane_Evans.pdf-a review; rather, in such circumstances the panel should consider such a ./Prohibition_order_Ms_Debbie_Jane_Evans.pdf-recommendation. The panel found this to be the most difficult element of their ./Prohibition_order_Ms_Debbie_Jane_Evans.pdf-deliberations, reflecting the fact that it was also the only area of substantial dispute ./Prohibition_order_Ms_Debbie_Jane_Evans.pdf-between the National College and Ms Evans. ./Prohibition_order_Ms_Debbie_Jane_Evans.pdf- ./Prohibition_order_Ms_Debbie_Jane_Evans.pdf-The panel is of the view that Ms Evans does not pose a continuing threat to pupils or ./Prohibition_order_Ms_Debbie_Jane_Evans.pdf-others. The panel understands, from the evidence before it, that in 23 years of teaching ./Prohibition_order_Ms_Debbie_Jane_Evans.pdf-at South Wilts Grammar School, no concerns had been raised about Ms Evans’ conduct -- ./Prohibition_order_Ms_Debbie_Jane_Evans.pdf-The panel does, however, consider that it must take into consideration the wider public ./Prohibition_order_Ms_Debbie_Jane_Evans.pdf-interest which includes the maintenance of public confidence in the profession and ./Prohibition_order_Ms_Debbie_Jane_Evans.pdf-declaring and upholding proper standards of conduct. ./Prohibition_order_Ms_Debbie_Jane_Evans.pdf- ./Prohibition_order_Ms_Debbie_Jane_Evans.pdf-Whilst any prohibition order will apply for life, a review period would provide at least the ./Prohibition_order_Ms_Debbie_Jane_Evans.pdf-possibility that Ms Evans could apply to return to teaching, despite having engaged in ./Prohibition_order_Ms_Debbie_Jane_Evans.pdf:such long-running and serious sexual misconduct as found in this case. Such a ./Prohibition_order_Ms_Debbie_Jane_Evans.pdf-possibility could, in the panel’s view, seriously undermine public confidence in the ./Prohibition_order_Ms_Debbie_Jane_Evans.pdf-profession. ./Prohibition_order_Ms_Debbie_Jane_Evans.pdf- ./Prohibition_order_Ms_Debbie_Jane_Evans.pdf-Similarly, the panel feels that providing Ms Evans with the possibility of returning to ./Prohibition_order_Ms_Debbie_Jane_Evans.pdf-teaching, by allowing her to apply for any prohibition order to be lifted in future, would ./Prohibition_order_Ms_Debbie_Jane_Evans.pdf-undermine proper standards of conduct in the profession. Those in the profession need ./Prohibition_order_Ms_Debbie_Jane_Evans.pdf:to understand that sexual relationships with school students, even when they are 18 and ./Prohibition_order_Ms_Debbie_Jane_Evans.pdf-appear to the teacher involved to be consenting to the relationship are wholly ./Prohibition_order_Ms_Debbie_Jane_Evans.pdf-inappropriate and are inconsistent with being a teacher. Allowing the possibility of ./Prohibition_order_Ms_Debbie_Jane_Evans.pdf-someone who has breached this core relationship of trust with students to apply to return ./Prohibition_order_Ms_Debbie_Jane_Evans.pdf-to teaching would undermine the need to declare and uphold proper standards of ./Prohibition_order_Ms_Debbie_Jane_Evans.pdf-conduct. ./Prohibition_order_Ms_Debbie_Jane_Evans.pdf- ./Prohibition_order_Ms_Debbie_Jane_Evans.pdf-The panel is acutely aware that prohibition orders should not be made in order to be ./Prohibition_order_Ms_Debbie_Jane_Evans.pdf-punitive or to apportion blame. By extension, the panel understands that a decision not ./Prohibition_order_Ms_Debbie_Jane_Evans.pdf-to provide a review period should not be done for such reasons. ./Prohibition_order_Ms_Debbie_Jane_Evans.pdf- ./Prohibition_order_Ms_Debbie_Jane_Evans.pdf-Moreover, the panel is mindful that any sanction should be appropriate and ./Prohibition_order_Ms_Debbie_Jane_Evans.pdf-proportionate. ./Prohibition_order_Ms_Debbie_Jane_Evans.pdf- ./Prohibition_order_Ms_Debbie_Jane_Evans.pdf-As the panel has noted above, this is a difficult case. The panel accepts that Ms Evans ./Prohibition_order_Ms_Debbie_Jane_Evans.pdf-has been remorseful, does not consider her to be a continuing threat to pupils, is mindful ./Prohibition_order_Ms_Debbie_Jane_Evans.pdf-that it should not act so as to be punitive and is mindful of the need for sanctions to be ./Prohibition_order_Ms_Debbie_Jane_Evans.pdf-appropriate and proportionate. However, Ms Evans’ conduct was, in the panel’s view, ./Prohibition_order_Ms_Debbie_Jane_Evans.pdf:serious sexual misconduct and the panel must have regard to the wider public interest, ./Prohibition_order_Ms_Debbie_Jane_Evans.pdf-which includes maintaining public confidence in the profession and declaring and ./Prohibition_order_Ms_Debbie_Jane_Evans.pdf-upholding proper standards of conduct. On balance, given the seriousness of Ms Evans’ ./Prohibition_order_Ms_Debbie_Jane_Evans.pdf-conduct, the panel finds that this is a situation in which a review period would not be ./Prohibition_order_Ms_Debbie_Jane_Evans.pdf-appropriate and as such has decided that it would be proportionate in all the ./Prohibition_order_Ms_Debbie_Jane_Evans.pdf-circumstances for the prohibition order to be recommended without provision for a review ./Prohibition_order_Ms_Debbie_Jane_Evans.pdf-period. ./Prohibition_order_Ms_Debbie_Jane_Evans.pdf- ./Prohibition_order_Ms_Debbie_Jane_Evans.pdf- ./Prohibition_order_Ms_Debbie_Jane_Evans.pdf-Decision and reasons on behalf of the Secretary of State ./Prohibition_order_Ms_Debbie_Jane_Evans.pdf- -- ./Prohibition_order_Ms_Debbie_Jane_Evans.pdf-unacceptable professional conduct and conduct that may bring the profession into ./Prohibition_order_Ms_Debbie_Jane_Evans.pdf-disrepute. Ms Evans accepts this to the case. ./Prohibition_order_Ms_Debbie_Jane_Evans.pdf- ./Prohibition_order_Ms_Debbie_Jane_Evans.pdf-Ms Evans has abused her position of trust by entering into an inappropriate relationship, ./Prohibition_order_Ms_Debbie_Jane_Evans.pdf:including of a sexual nature, with a female student on her school’s roll. The panel have ./Prohibition_order_Ms_Debbie_Jane_Evans.pdf:determined that her behaviour was sexually motivated. ./Prohibition_order_Ms_Debbie_Jane_Evans.pdf- ./Prohibition_order_Ms_Debbie_Jane_Evans.pdf-In deciding whether it would be appropriate to recommend a prohibition order the panel ./Prohibition_order_Ms_Debbie_Jane_Evans.pdf-have considered the public interest considerations and have found a number of them to ./Prohibition_order_Ms_Debbie_Jane_Evans.pdf-be relevant in this case namely the protection of pupils, the maintenance of public ./Prohibition_order_Ms_Debbie_Jane_Evans.pdf-confidence in the profession and declaring and upholding proper standards of conduct. ./Prohibition_order_Ms_Debbie_Jane_Evans.pdf- ./Prohibition_order_Ms_Debbie_Jane_Evans.pdf-Even though there were behaviours that would point to a prohibition order being ./Prohibition_order_Ms_Debbie_Jane_Evans.pdf-appropriate, the panel went on to consider any mitigating factors. There was no evidence ./Prohibition_order_Ms_Debbie_Jane_Evans.pdf-to suggest that Ms Evans actions were not deliberate nor was there evidence to suggest ./Prohibition_order_Ms_Debbie_Jane_Evans.pdf-she was acting under duress. The panel did see compelling evidence that she had a ./Prohibition_order_Ms_Debbie_Jane_Evans.pdf-previously long and unblemished career in teaching. ./Prohibition_order_Ms_Debbie_Jane_Evans.pdf- ./Prohibition_order_Ms_Debbie_Jane_Evans.pdf-The panel have judged on balance that a prohibition order is an appropriate and ./Prohibition_order_Ms_Debbie_Jane_Evans.pdf-proportionate sanction in this case and I agree with their recommendation. ./Prohibition_order_Ms_Debbie_Jane_Evans.pdf- ./Prohibition_order_Ms_Debbie_Jane_Evans.pdf-In deciding whether to recommend whether it would be appropriate to recommend a ./Prohibition_order_Ms_Debbie_Jane_Evans.pdf-review period, the panel have referenced the Secretary of State’s guidance ‘Teacher ./Prohibition_order_Ms_Debbie_Jane_Evans.pdf-misconduct – the prohibition of teachers’. It indicates that there are behaviours that, if ./Prohibition_order_Ms_Debbie_Jane_Evans.pdf-proven, would militate against a review period being recommended. One of these is ./Prohibition_order_Ms_Debbie_Jane_Evans.pdf:serious sexual misconduct, eg where the act was sexually motivated and resulted in, or ./Prohibition_order_Ms_Debbie_Jane_Evans.pdf-had the potential to result in, harm to a person or persons, particularly where the ./Prohibition_order_Ms_Debbie_Jane_Evans.pdf-individual has used their professional position to influence or exploit a person or persons. ./Prohibition_order_Ms_Debbie_Jane_Evans.pdf-The panel has found that Ms Evans has abused her position of trust, that her actions ./Prohibition_order_Ms_Debbie_Jane_Evans.pdf:were sexually motivated and have caused Student A emotional harm. The panel ./Prohibition_order_Ms_Debbie_Jane_Evans.pdf:considers that Ms Evans’ conduct did amount to serious sexual misconduct. ./Prohibition_order_Ms_Debbie_Jane_Evans.pdf- ./Prohibition_order_Ms_Debbie_Jane_Evans.pdf-Ms Evans has shown insight into her actions and is remorseful. She has co-operated with ./Prohibition_order_Ms_Debbie_Jane_Evans.pdf-this process and the panel have judged that she does not pose a continuing threat to ./Prohibition_order_Ms_Debbie_Jane_Evans.pdf-pupils. However, having paid due regard to the maintenance of public confidence in the ./Prohibition_order_Ms_Debbie_Jane_Evans.pdf-profession and the declaring and upholding of proper standards of conduct, the panel ./Prohibition_order_Ms_Debbie_Jane_Evans.pdf-have recommended that the order should be without the opportunity for an application to ./Prohibition_order_Ms_Debbie_Jane_Evans.pdf-have it set aside. I agree with this recommendation. ./Prohibition_order_Ms_Debbie_Jane_Evans.pdf- ./Prohibition_order_Ms_Debbie_Jane_Evans.pdf-This means that Ms Debbie Evans is prohibited from teaching indefinitely and ./Prohibition_order_Ms_Debbie_Jane_Evans.pdf-cannot teach in any school, sixth form college, relevant youth accommodation or ./prohibition_order_ms_deborah_berryman_001.pdf- ./prohibition_order_ms_deborah_berryman_001.pdf-The Panel considered the allegations set out in the Notice of Proceedings dated 5 ./prohibition_order_ms_deborah_berryman_001.pdf-April 2013. ./prohibition_order_ms_deborah_berryman_001.pdf- ./prohibition_order_ms_deborah_berryman_001.pdf-It was alleged that Ms Deborah Berryman was guilty of unacceptable professional ./prohibition_order_ms_deborah_berryman_001.pdf-conduct/conduct that may bring the profession into disrepute in that:- ./prohibition_order_ms_deborah_berryman_001.pdf- ./prohibition_order_ms_deborah_berryman_001.pdf-1. Whilst employed at Torpoint Community College during 2003 she engaged in ./prohibition_order_ms_deborah_berryman_001.pdf- an inappropriate relationship with Student A, including that she:- ./prohibition_order_ms_deborah_berryman_001.pdf- ./prohibition_order_ms_deborah_berryman_001.pdf: a. engaged in sexual contact with him on one occasion or more between ./prohibition_order_ms_deborah_berryman_001.pdf- May 2003 and July 2003, when Student A was a sixth form student; ./prohibition_order_ms_deborah_berryman_001.pdf- -- ./prohibition_order_ms_deborah_berryman_001.pdf- 2 ./prohibition_order_ms_deborah_berryman_001.pdf- ./prohibition_order_ms_deborah_berryman_001.pdf- ./prohibition_order_ms_deborah_berryman_001.pdf- ./prohibition_order_ms_deborah_berryman_001.pdf: b. engaged in sexual contact with him on one occasion or more in the ./prohibition_order_ms_deborah_berryman_001.pdf- summer holidays, between July 2003 and September 2003, after ./prohibition_order_ms_deborah_berryman_001.pdf- Student A had left the school. ./prohibition_order_ms_deborah_berryman_001.pdf- ./prohibition_order_ms_deborah_berryman_001.pdf-Ms Berryman in her written response to the Notice of Proceedings, denied particular ./prohibition_order_ms_deborah_berryman_001.pdf-1a, but admitted particular 1b. ./prohibition_order_ms_deborah_berryman_001.pdf- ./prohibition_order_ms_deborah_berryman_001.pdf-She denied that her conduct constituted unacceptable professional conduct and/or ./prohibition_order_ms_deborah_berryman_001.pdf-conduct which may bring the profession into disrepute. ./prohibition_order_ms_deborah_berryman_001.pdf- ./prohibition_order_ms_deborah_berryman_001.pdf-C. Preliminary Applications -- ./prohibition_order_ms_deborah_berryman_001.pdf- ./prohibition_order_ms_deborah_berryman_001.pdf-Brief summary of evidence given ./prohibition_order_ms_deborah_berryman_001.pdf- ./prohibition_order_ms_deborah_berryman_001.pdf-The Presenting Officer made her opening address and called the following witness: ./prohibition_order_ms_deborah_berryman_001.pdf- ./prohibition_order_ms_deborah_berryman_001.pdf-Student A. He gave evidence as follows:- ./prohibition_order_ms_deborah_berryman_001.pdf- ./prohibition_order_ms_deborah_berryman_001.pdf- He adopted his witness statement at pages 12 – 14. ./prohibition_order_ms_deborah_berryman_001.pdf- ./prohibition_order_ms_deborah_berryman_001.pdf- He said that he had slept in the spare bedroom at Ms Berryman’s home, she ./prohibition_order_ms_deborah_berryman_001.pdf: came across the hallway, climbed into bed and they had sexual relations. ./prohibition_order_ms_deborah_berryman_001.pdf- ./prohibition_order_ms_deborah_berryman_001.pdf- It would have happened definitely in term time. ./prohibition_order_ms_deborah_berryman_001.pdf- ./prohibition_order_ms_deborah_berryman_001.pdf- He thought the relationship had started in or around May not long after a ./prohibition_order_ms_deborah_berryman_001.pdf- school expedition. ./prohibition_order_ms_deborah_berryman_001.pdf- ./prohibition_order_ms_deborah_berryman_001.pdf- While he was in school the relationship carried on. ./prohibition_order_ms_deborah_berryman_001.pdf- ./prohibition_order_ms_deborah_berryman_001.pdf- At the time he was doing revision for history exams. ./prohibition_order_ms_deborah_berryman_001.pdf- -- ./prohibition_order_ms_deborah_berryman_001.pdf-“We have now carefully considered the case before us and have reached a decision. ./prohibition_order_ms_deborah_berryman_001.pdf- ./prohibition_order_ms_deborah_berryman_001.pdf-We confirm that we have read all the documents provided in the bundle in advance ./prohibition_order_ms_deborah_berryman_001.pdf-of the hearing. ./prohibition_order_ms_deborah_berryman_001.pdf- ./prohibition_order_ms_deborah_berryman_001.pdf-The case concerns allegations that Ms Deborah Berryman, whilst employed as ./prohibition_order_ms_deborah_berryman_001.pdf-a head of department at Torpoint Community College, Torpoint, Cornwall had ./prohibition_order_ms_deborah_berryman_001.pdf-an inappropriate relationship with Student A in 2003. The relationship is said ./prohibition_order_ms_deborah_berryman_001.pdf-to have continued over a period of approximately 4 months until it was ended ./prohibition_order_ms_deborah_berryman_001.pdf-by Student A. It is alleged that Student A frequently stayed overnight at Ms ./prohibition_order_ms_deborah_berryman_001.pdf:Berryman’s home where sexual intercourse often took place. ./prohibition_order_ms_deborah_berryman_001.pdf- ./prohibition_order_ms_deborah_berryman_001.pdf:It is specifically alleged that the relationship started, and sexual intercourse ./prohibition_order_ms_deborah_berryman_001.pdf-with Student A occurred, when he was still a pupil at the School and continued ./prohibition_order_ms_deborah_berryman_001.pdf-after he had left the School having completed his exams. ./prohibition_order_ms_deborah_berryman_001.pdf- ./prohibition_order_ms_deborah_berryman_001.pdf-Ms Berryman acknowledges that there was a relationship but asserts that it ./prohibition_order_ms_deborah_berryman_001.pdf-began only when Student A had left the School and the exams were over. She ./prohibition_order_ms_deborah_berryman_001.pdf-describes it as a “brief liaison” and that she - not Student A - ended the ./prohibition_order_ms_deborah_berryman_001.pdf-relationship. She says that she did not realise that even though Student A had ./prohibition_order_ms_deborah_berryman_001.pdf-left the School he was still considered to be a student. ./prohibition_order_ms_deborah_berryman_001.pdf- ./prohibition_order_ms_deborah_berryman_001.pdf-Findings of fact ./prohibition_order_ms_deborah_berryman_001.pdf- ./prohibition_order_ms_deborah_berryman_001.pdf-Our findings of fact are as follows: ./prohibition_order_ms_deborah_berryman_001.pdf- ./prohibition_order_ms_deborah_berryman_001.pdf-We have found the following particulars of the allegation against Deborah Berryman ./prohibition_order_ms_deborah_berryman_001.pdf-proven: ./prohibition_order_ms_deborah_berryman_001.pdf- ./prohibition_order_ms_deborah_berryman_001.pdf-1. Whilst employed at Torpoint Community College during 2003 she engaged in ./prohibition_order_ms_deborah_berryman_001.pdf- an inappropriate relationship with Student A , including that she:- ./prohibition_order_ms_deborah_berryman_001.pdf- ./prohibition_order_ms_deborah_berryman_001.pdf: a. engaged in sexual contact with him on one occasion or more between ./prohibition_order_ms_deborah_berryman_001.pdf- May 2003 and July 2003, when Student A was a sixth form student; ./prohibition_order_ms_deborah_berryman_001.pdf- ./prohibition_order_ms_deborah_berryman_001.pdf-Our reasons are that we heard evidence from Student A in person. There were some ./prohibition_order_ms_deborah_berryman_001.pdf-elements of Student A’s evidence that we questioned notably his assertion that there ./prohibition_order_ms_deborah_berryman_001.pdf-was no contact with Ms Berryman at all in 2004 – which seemed to be at odds with ./prohibition_order_ms_deborah_berryman_001.pdf- -- ./prohibition_order_ms_deborah_berryman_001.pdf- 7 ./prohibition_order_ms_deborah_berryman_001.pdf- ./prohibition_order_ms_deborah_berryman_001.pdf- ./prohibition_order_ms_deborah_berryman_001.pdf-the telephone text message records itemised at p100-101 of the case papers and a ./prohibition_order_ms_deborah_berryman_001.pdf-diary entry made by Ms Berryman on p99. Nonetheless we felt that Student A gave ./prohibition_order_ms_deborah_berryman_001.pdf-broadly reliable evidence about his relationship with Ms Berryman and how it started. ./prohibition_order_ms_deborah_berryman_001.pdf-He told us that he went to Ms Berryman’s house at her invitation not long after a ./prohibition_order_ms_deborah_berryman_001.pdf-school expedition. He was clear that after drinking some wine with Ms Berryman he ./prohibition_order_ms_deborah_berryman_001.pdf-stayed in her house overnight. He went to the spare bedroom and he described how ./prohibition_order_ms_deborah_berryman_001.pdf:she came across the hallway, climbed into the bed with him and they had sexual ./prohibition_order_ms_deborah_berryman_001.pdf-relations. ./prohibition_order_ms_deborah_berryman_001.pdf- ./prohibition_order_ms_deborah_berryman_001.pdf-Thereafter he stayed at her home two or three times per week (paragraph 6 of his ./prohibition_order_ms_deborah_berryman_001.pdf-witness statement on page 13). ./prohibition_order_ms_deborah_berryman_001.pdf- ./prohibition_order_ms_deborah_berryman_001.pdf-He further told us in his evidence that the relationship definitely started in term time, ./prohibition_order_ms_deborah_berryman_001.pdf-it was in the study period before his exams and that in the mornings they left her ./prohibition_order_ms_deborah_berryman_001.pdf-home at different times so that they did not arrive at school at the same time. He ./prohibition_order_ms_deborah_berryman_001.pdf-went on his motorbike – Ms Berryman went in her car. They did not want others ./prohibition_order_ms_deborah_berryman_001.pdf-“putting two and two together.” Ms Berryman told him not to discuss their relationship ./prohibition_order_ms_deborah_berryman_001.pdf-and to keep it quiet. We therefore believed him when he told us that the relationship ./prohibition_order_ms_deborah_berryman_001.pdf-commenced in school term time. ./prohibition_order_ms_deborah_berryman_001.pdf- ./prohibition_order_ms_deborah_berryman_001.pdf-By contrast the teacher asserts in her representations that the relationship was a ./prohibition_order_ms_deborah_berryman_001.pdf-brief liaison only and did not start until the term had finished. However in all of the ./prohibition_order_ms_deborah_berryman_001.pdf-papers lodged by Ms Berryman she gives no indication at all as to how the ./prohibition_order_ms_deborah_berryman_001.pdf-relationship started. We, thus find this particular proved. ./prohibition_order_ms_deborah_berryman_001.pdf- ./prohibition_order_ms_deborah_berryman_001.pdf: a. engaged in sexual contact with him on one occasion or more in the ./prohibition_order_ms_deborah_berryman_001.pdf- summer holidays, between July 2003 and September 2003, after ./prohibition_order_ms_deborah_berryman_001.pdf- Student A had left the school. ./prohibition_order_ms_deborah_berryman_001.pdf- ./prohibition_order_ms_deborah_berryman_001.pdf-And our reasons are that Ms Berryman has admitted this particular which is ./prohibition_order_ms_deborah_berryman_001.pdf-supported by the evidence of Student A and other documents in the case papers. ./prohibition_order_ms_deborah_berryman_001.pdf- ./prohibition_order_ms_deborah_berryman_001.pdf-Findings as to Unacceptable Professional Conduct/Conduct that may bring the ./prohibition_order_ms_deborah_berryman_001.pdf-profession into disrepute. ./prohibition_order_ms_deborah_berryman_001.pdf- ./prohibition_order_ms_deborah_berryman_001.pdf-In making this judgement we have applied the definition of Unacceptable ./prohibition_order_ms_deborah_berryman_001.pdf-Professional Conduct/Conduct that may bring the profession into disrepute as ./prohibition_order_ms_deborah_berryman_001.pdf-“misconduct of a serious nature, falling significantly short of the standard of ./prohibition_order_ms_deborah_berryman_001.pdf-behaviour expected of a teacher.” ./prohibition_order_ms_deborah_berryman_001.pdf- ./prohibition_order_ms_deborah_berryman_001.pdf-In our judgement this is a case of Unacceptable Professional Conduct/Conduct that ./prohibition_order_ms_deborah_berryman_001.pdf-may bring the profession into disrepute. We have found as a fact that the relationship ./prohibition_order_ms_deborah_berryman_001.pdf-with Student A commenced when he was still a student at the School and continued ./prohibition_order_ms_deborah_berryman_001.pdf:over approximately 4 months. Ms Berryman had sexual intercourse with Student A at ./prohibition_order_ms_deborah_berryman_001.pdf-a time when the teacher/pupil relationship subsisted. As such she was in a position ./prohibition_order_ms_deborah_berryman_001.pdf:of trust towards Student A and we consider that her involvement in allowing a sexual ./prohibition_order_ms_deborah_berryman_001.pdf-relationship to develop with Student A was a betrayal of that trust. We believe that ./prohibition_order_ms_deborah_berryman_001.pdf-the public would conclude as we do that she plainly failed to observe the boundaries ./prohibition_order_ms_deborah_berryman_001.pdf-that should attend such a professional relationship. ./prohibition_order_ms_deborah_berryman_001.pdf- -- ./prohibition_order_ms_deborah_berryman_001.pdf-such a relationship with a pupil who had very recently left would still have ./prohibition_order_ms_deborah_berryman_001.pdf-represented an abuse of her position as his former teacher and thus constitutes ./prohibition_order_ms_deborah_berryman_001.pdf-conduct that may bring the profession into disrepute. We note, even now, Ms ./prohibition_order_ms_deborah_berryman_001.pdf-Berryman seems unable to recognise the inappropriate nature of the limited ./prohibition_order_ms_deborah_berryman_001.pdf-relationship that she herself acknowledges did occur. ./prohibition_order_ms_deborah_berryman_001.pdf- ./prohibition_order_ms_deborah_berryman_001.pdf-Panel’s Recommendation to the Secretary of State ./prohibition_order_ms_deborah_berryman_001.pdf- ./prohibition_order_ms_deborah_berryman_001.pdf-Our finding of Unacceptable Professional Conduct/Conduct that may bring the ./prohibition_order_ms_deborah_berryman_001.pdf-Profession into disrepute means that we have found that this is a case of serious ./prohibition_order_ms_deborah_berryman_001.pdf:sexual misconduct. We acknowledge that there is no evidence of a pattern of ./prohibition_order_ms_deborah_berryman_001.pdf:behaviour, the sexual relationship with Student A was consensual and we have no ./prohibition_order_ms_deborah_berryman_001.pdf-evidence that Ms Berryman presents a risk to other pupils she may teach in the ./prohibition_order_ms_deborah_berryman_001.pdf-future. There is evidence available that Ms Berryman is a good and highly regarded ./prohibition_order_ms_deborah_berryman_001.pdf-teacher. ./prohibition_order_ms_deborah_berryman_001.pdf- ./prohibition_order_ms_deborah_berryman_001.pdf-She has, however, contested this case in relation to Student A’s account of the ./prohibition_order_ms_deborah_berryman_001.pdf-relationship in claiming that the relationship did not start until he had left the school. ./prohibition_order_ms_deborah_berryman_001.pdf-Her response to the case and her observations in the case papers that she did not ./prohibition_order_ms_deborah_berryman_001.pdf-realise that even though Student A had left the school he was still considered to be a ./prohibition_order_ms_deborah_berryman_001.pdf-student cause us concern. We believe that Ms Berryman demonstrates little insight ./prohibition_order_ms_deborah_berryman_001.pdf-into the gravity of her conduct and the fundamental breach of trust it represents. -- ./prohibition_order_ms_deborah_berryman_001.pdf- ./prohibition_order_ms_deborah_berryman_001.pdf-Decision and Reasons on behalf of the Secretary of State ./prohibition_order_ms_deborah_berryman_001.pdf- ./prohibition_order_ms_deborah_berryman_001.pdf-I have carefully considered the findings and recommendations of the panel in this ./prohibition_order_ms_deborah_berryman_001.pdf-case. ./prohibition_order_ms_deborah_berryman_001.pdf- ./prohibition_order_ms_deborah_berryman_001.pdf-The Panel have found the facts proven and judged that those facts amount to ./prohibition_order_ms_deborah_berryman_001.pdf-unacceptable professional conduct/conduct that may bring the profession into ./prohibition_order_ms_deborah_berryman_001.pdf-disrepute. ./prohibition_order_ms_deborah_berryman_001.pdf- ./prohibition_order_ms_deborah_berryman_001.pdf:The Panel have found proven that Ms Berryman engaged in a consensual sexual ./prohibition_order_ms_deborah_berryman_001.pdf-relationship with student A over a period of 4 months. Ms Berryman was in a position ./prohibition_order_ms_deborah_berryman_001.pdf:of trust towards Student A and in allowing a sexual relationship to develop with ./prohibition_order_ms_deborah_berryman_001.pdf-Student A she betrayed that trust. She has clearly failed to observe the boundaries ./prohibition_order_ms_deborah_berryman_001.pdf-expected. ./prohibition_order_ms_deborah_berryman_001.pdf- ./prohibition_order_ms_deborah_berryman_001.pdf-In the circumstances I agree the Panel’s recommendation that a Prohibition Order is ./prohibition_order_ms_deborah_berryman_001.pdf-both appropriate and proportionate. ./prohibition_order_ms_deborah_berryman_001.pdf- ./prohibition_order_ms_deborah_berryman_001.pdf-In deciding upon whether a review period was appropriate the Panel have taken ./prohibition_order_ms_deborah_berryman_001.pdf-account of her previous and subsequent good teaching record but have balanced ./prohibition_order_ms_deborah_berryman_001.pdf-this against her lack of candour and poor judgement. I agree that a review period of ./prohibition_order_ms_deborah_berryman_001.pdf-a minimum of 3 years is therefore appropriate ./prohibition_order_ms_diane_haselden.pdf-her employment. She was permitted to take that computer home in the evenings and ./prohibition_order_ms_diane_haselden.pdf-at weekends for that purpose. ./prohibition_order_ms_diane_haselden.pdf- ./prohibition_order_ms_diane_haselden.pdf-In common with other computers at the school, Ms Haselden's computer ./prohibition_order_ms_diane_haselden.pdf-incorporated security software, which caused the computer to be scanned for ./prohibition_order_ms_diane_haselden.pdf-inappropriate downloads each time it was re-connected to the school network. On or ./prohibition_order_ms_diane_haselden.pdf-about 2 December 2010, the security system identified that Ms Haselden's computer ./prohibition_order_ms_diane_haselden.pdf-had been used to access to inappropriate material. It was seized for examination. ./prohibition_order_ms_diane_haselden.pdf- ./prohibition_order_ms_diane_haselden.pdf-The matter was reported to the police. The laptop computer was forensically ./prohibition_order_ms_diane_haselden.pdf:examined and a large number of pornographic images (in excess of 6,000) were ./prohibition_order_ms_diane_haselden.pdf-recovered from the computer hard drive. The images had been deleted and whilst ./prohibition_order_ms_diane_haselden.pdf-still present on the hard drive, could not be accessed by a user. ./prohibition_order_ms_diane_haselden.pdf- ./prohibition_order_ms_diane_haselden.pdf-When those images were recovered they were found to include extreme ./prohibition_order_ms_diane_haselden.pdf:pornographic images, including images of bestiality and the rape of what appeared ./prohibition_order_ms_diane_haselden.pdf-to be young children. An examination of the browser history revealed the future and ./prohibition_order_ms_diane_haselden.pdf:we use six pornographic sites at various times on 12, 13, 17, 19, 21 and 26 ./prohibition_order_ms_diane_haselden.pdf-November 2010. On at least one occasion Ms Haselden's email address was used in ./prohibition_order_ms_diane_haselden.pdf:an attempt to log on to a pornographic site. ./prohibition_order_ms_diane_haselden.pdf- -- ./prohibition_order_ms_diane_haselden.pdf- 3 ./prohibition_order_ms_diane_haselden.pdf- ./prohibition_order_ms_diane_haselden.pdf- ./prohibition_order_ms_diane_haselden.pdf-An examination of computer’s search history showed that there had been a search ./prohibition_order_ms_diane_haselden.pdf:for a pornographic site called zootube365.com as far back as 16 June 2009. ./prohibition_order_ms_diane_haselden.pdf- ./prohibition_order_ms_diane_haselden.pdf-The forensic examination also revealed that the computer had not been encrypted, ./prohibition_order_ms_diane_haselden.pdf-had been used to store personal information about pupils (such as photographs and ./prohibition_order_ms_diane_haselden.pdf-videos of school events, individual school reports and class lists) and personal ./prohibition_order_ms_diane_haselden.pdf-documents such as a wedding planner; and also included a user account for Ms ./prohibition_order_ms_diane_haselden.pdf-Haselden's daughter. ./prohibition_order_ms_diane_haselden.pdf- ./prohibition_order_ms_diane_haselden.pdf-When interviewed by the school's Head Teacher, Ms Haselden said that she had not ./prohibition_order_ms_diane_haselden.pdf:accessed the pornographic websites nor had she given anyone permission to do so. ./prohibition_order_ms_diane_haselden.pdf-She said that she had an idea as to who may have accessed the sites but was not ./prohibition_order_ms_diane_haselden.pdf-prepared to name that person. She denied that she had given the password to her ./prohibition_order_ms_diane_haselden.pdf-computer to any other person but conceded that she was accustomed to leave the ./prohibition_order_ms_diane_haselden.pdf-machine on after she had finished with it. ./prohibition_order_ms_diane_haselden.pdf- ./prohibition_order_ms_diane_haselden.pdf-When interviewed by the police, Ms Haselden said that although she lives alone, lots ./prohibition_order_ms_diane_haselden.pdf-of people visited her house and any one of them may have used her computer. ./prohibition_order_ms_diane_haselden.pdf-Ultimately, she said that a man called Individual A would often visit her and stay ./prohibition_order_ms_diane_haselden.pdf-overnight, sleeping on the sofa. She told the police that she did not know how to ./prohibition_order_ms_diane_haselden.pdf-contact that man. ./prohibition_order_ms_diane_haselden.pdf- ./prohibition_order_ms_diane_haselden.pdf-Brief summary of evidence given ./prohibition_order_ms_diane_haselden.pdf- ./prohibition_order_ms_diane_haselden.pdf-Witness A, Head Teacher of Nicol Mere Primary School (‘the school’) confirmed the ./prohibition_order_ms_diane_haselden.pdf-truth of the statement signed by him on 10 February 2012 and gave evidence in ./prohibition_order_ms_diane_haselden.pdf-accordance with that statement. ./prohibition_order_ms_diane_haselden.pdf- ./prohibition_order_ms_diane_haselden.pdf-On 8 December 2012, the Head of Audit and Risk Management Services at Wigan ./prohibition_order_ms_diane_haselden.pdf-City Council notified Witness A that inappropriate material had been found on a ./prohibition_order_ms_diane_haselden.pdf-laptop computer issued to Ms Haselden. On six different occasions in November ./prohibition_order_ms_diane_haselden.pdf:2010 the user of the computer had visited six extreme pornographic websites. It was ./prohibition_order_ms_diane_haselden.pdf-subsequently established that the material accessed included images of bestiality ./prohibition_order_ms_diane_haselden.pdf-and child rape. ./prohibition_order_ms_diane_haselden.pdf- ./prohibition_order_ms_diane_haselden.pdf-Witness A was also informed that the laptop computer was not encrypted in ./prohibition_order_ms_diane_haselden.pdf-accordance with the schools ICT policy and that sensitive personal data including the ./prohibition_order_ms_diane_haselden.pdf-names of pupils and personal information relating to them was stored on that ./prohibition_order_ms_diane_haselden.pdf-computer. ./prohibition_order_ms_diane_haselden.pdf- ./prohibition_order_ms_diane_haselden.pdf-Witness A confirmed that Ms Haselden had signed agreements governing the ./prohibition_order_ms_diane_haselden.pdf-acceptable use of school laptop computers on 16 January 2007 and a more -- ./prohibition_order_ms_diane_haselden.pdf- 4 ./prohibition_order_ms_diane_haselden.pdf- ./prohibition_order_ms_diane_haselden.pdf- ./prohibition_order_ms_diane_haselden.pdf-personal data relating to staff or students would be encrypted and that the computer ./prohibition_order_ms_diane_haselden.pdf-would not be used for the purpose of downloading any offensive, obscene, ./prohibition_order_ms_diane_haselden.pdf:pornographic or indecent images. Ms Haselden admitted that the computer was not ./prohibition_order_ms_diane_haselden.pdf-encrypted, that her daughter Individual B had used the computer to download date ./prohibition_order_ms_diane_haselden.pdf-from ./prohibition_order_ms_diane_haselden.pdf-‘iTunes’ (although that was said to have occurred prior to her signing the agreement) ./prohibition_order_ms_diane_haselden.pdf-and that she was in the habit of leaving her laptop computer on after she had ./prohibition_order_ms_diane_haselden.pdf-finished using it for professional purposes. She denied that she had downloaded the ./prohibition_order_ms_diane_haselden.pdf:pornographic images, saying that it must have been done by a visitor to her home. ./prohibition_order_ms_diane_haselden.pdf- ./prohibition_order_ms_diane_haselden.pdf-In her evidence to the Panel, Ms Haselden maintained that position. She said that ./prohibition_order_ms_diane_haselden.pdf-she did not have sufficient knowledge of the operation of a computer to enable her ./prohibition_order_ms_diane_haselden.pdf-either to encrypt the laptop computer or to reset the power options so that the ./prohibition_order_ms_diane_haselden.pdf-computer would automatically go into the standby mode after 10 minutes. She said ./prohibition_order_ms_diane_haselden.pdf-that she had known Individual A since they attended High School together, knew little ./prohibition_order_ms_diane_haselden.pdf-about him but allowed him to stay at her home on occasions. She said that she ./prohibition_order_ms_diane_haselden.pdf-would often retire to her bedroom leaving him in the lounge to sleep on the sofa; and ./prohibition_order_ms_diane_haselden.pdf-that on at least one of the occasions that the computer had been used to download ./prohibition_order_ms_diane_haselden.pdf:pornography she was out at band practise. She had never given him permission to ./prohibition_order_ms_diane_haselden.pdf-use her computer and had not seen him doing so. Neither had she ‘surfed’ the ./prohibition_order_ms_diane_haselden.pdf-internet with him. ./prohibition_order_ms_diane_haselden.pdf- ./prohibition_order_ms_diane_haselden.pdf-D. Decision and Reasons ./prohibition_order_ms_diane_haselden.pdf- ./prohibition_order_ms_diane_haselden.pdf-The Panel announced its decision and reasons as follows: ./prohibition_order_ms_diane_haselden.pdf- ./prohibition_order_ms_diane_haselden.pdf-Ms Haselden ./prohibition_order_ms_diane_haselden.pdf- ./prohibition_order_ms_diane_haselden.pdf-We have now carefully considered the case before us and have reached a decision. -- ./prohibition_order_ms_diane_haselden.pdf- ./prohibition_order_ms_diane_haselden.pdf- ./prohibition_order_ms_diane_haselden.pdf-an inappropriate and illegal nature, but denied that it was you who viewed the ./prohibition_order_ms_diane_haselden.pdf-material. You denied that the matters which you had admitted amounted to ./prohibition_order_ms_diane_haselden.pdf-unacceptable professional conduct. ./prohibition_order_ms_diane_haselden.pdf- ./prohibition_order_ms_diane_haselden.pdf-The Panel heard evidence from Witness A, Head Teacher of Nicol Mere Primary ./prohibition_order_ms_diane_haselden.pdf-School that on 8 December 2012, the Head of Audit and Risk Management Services ./prohibition_order_ms_diane_haselden.pdf-at Wigan City Council notified him that inappropriate material had been found on a ./prohibition_order_ms_diane_haselden.pdf-laptop computer issued to you. On six separate occasions in November ./prohibition_order_ms_diane_haselden.pdf:2010 a user of the computer had visited six extreme pornographic websites. The ./prohibition_order_ms_diane_haselden.pdf-material accessed included images of bestiality and child rape. ./prohibition_order_ms_diane_haselden.pdf- ./prohibition_order_ms_diane_haselden.pdf-Witness A was also informed that the laptop computer was not encrypted in ./prohibition_order_ms_diane_haselden.pdf-accordance with the schools ICT policy and that sensitive personal data, including ./prohibition_order_ms_diane_haselden.pdf-the names of pupils and personal information relating to them, was stored on that ./prohibition_order_ms_diane_haselden.pdf-computer. ./prohibition_order_ms_diane_haselden.pdf- ./prohibition_order_ms_diane_haselden.pdf-Witness A confirmed that you had signed agreements governing the acceptable ./prohibition_order_ms_diane_haselden.pdf-use of school laptop computers on 16 January 2007 and a more comprehensive ./prohibition_order_ms_diane_haselden.pdf-agreement on 10 September 2010. He said that a reminder had been sent to all staff ./prohibition_order_ms_diane_haselden.pdf-around April 2010 reminding them that the more comprehensive agreement should ./prohibition_order_ms_diane_haselden.pdf-have been signed and returned by that time. ./prohibition_order_ms_diane_haselden.pdf- ./prohibition_order_ms_diane_haselden.pdf-In an interview with Witness A, you confirmed that on 19 September 2010, you had ./prohibition_order_ms_diane_haselden.pdf-signed a copy of the school’s Agreement for the Long Term Loan of a Laptop ./prohibition_order_ms_diane_haselden.pdf-Computer. By so doing, you acknowledged that you would use the laptop only for ./prohibition_order_ms_diane_haselden.pdf-professional purposes, that it should not be used by family members, that files ./prohibition_order_ms_diane_haselden.pdf-containing personal data relating to staff or students would be encrypted and that the ./prohibition_order_ms_diane_haselden.pdf-computer would not be used for the purpose of downloading any offensive, obscene, ./prohibition_order_ms_diane_haselden.pdf:pornographic or indecent images, or in any other way that might bring the school into ./prohibition_order_ms_diane_haselden.pdf-disrepute. In contravention of that agreement, you admitted that the computer was ./prohibition_order_ms_diane_haselden.pdf-not encrypted, that your daughter Individual B had used the computer to download ./prohibition_order_ms_diane_haselden.pdf-data from ‘iTunes’ (although you said that had occurred prior to signing the ./prohibition_order_ms_diane_haselden.pdf-agreement) and that you were in the habit of leaving your laptop computer on after ./prohibition_order_ms_diane_haselden.pdf-you had finished using it for professional purposes. You denied that you had ./prohibition_order_ms_diane_haselden.pdf:downloaded the pornographic images, saying that it must have been done by a visitor ./prohibition_order_ms_diane_haselden.pdf-to your home. ./prohibition_order_ms_diane_haselden.pdf- ./prohibition_order_ms_diane_haselden.pdf-When you were interviewed by the police, you said that although you live alone, lots ./prohibition_order_ms_diane_haselden.pdf-of people visited your house and any one of them may have used the computer. ./prohibition_order_ms_diane_haselden.pdf-Ultimately, you said that a man called Individual A would often visit and stay ./prohibition_order_ms_diane_haselden.pdf-overnight, sleeping on the sofa. You told the police that she did not know how to ./prohibition_order_ms_diane_haselden.pdf-contact that man. ./prohibition_order_ms_diane_haselden.pdf- ./prohibition_order_ms_diane_haselden.pdf-You maintained that position in your evidence to the Panel. You said that you did not ./prohibition_order_ms_diane_haselden.pdf-have sufficient knowledge of the operation of a computer to enable you either to ./prohibition_order_ms_diane_haselden.pdf-encrypt the laptop computer or to reset the power options so that the computer ./prohibition_order_ms_diane_haselden.pdf-would automatically go into the standby mode after 10 minutes. You said that you ./prohibition_order_ms_diane_haselden.pdf-had known Individual A since you attended High School, knew little about him but ./prohibition_order_ms_diane_haselden.pdf-allowed him to stay at your home on occasions. You said that you would often retire ./prohibition_order_ms_diane_haselden.pdf-to your bedroom leaving him in the lounge to sleep on the sofa and that on at least ./prohibition_order_ms_diane_haselden.pdf:one of the occasions that the computer had been used to download pornography you ./prohibition_order_ms_diane_haselden.pdf- -- ./prohibition_order_ms_diane_haselden.pdf-Our findings of fact are as follows: ./prohibition_order_ms_diane_haselden.pdf- ./prohibition_order_ms_diane_haselden.pdf-We have found the following particulars of the allegation against you proved, for ./prohibition_order_ms_diane_haselden.pdf-these reasons: ./prohibition_order_ms_diane_haselden.pdf- ./prohibition_order_ms_diane_haselden.pdf-Particular 1 ./prohibition_order_ms_diane_haselden.pdf- ./prohibition_order_ms_diane_haselden.pdf-So far as the illegality aspect of particular 1 is concerned, possession of indecent ./prohibition_order_ms_diane_haselden.pdf-photographs of children under the age of 18 is an offence contrary to the Protection ./prohibition_order_ms_diane_haselden.pdf-of Children Act 1978 and section 160 of the Criminal Justice Act 1988; possession of ./prohibition_order_ms_diane_haselden.pdf:extreme pornographic material – a term that encompassed images of bestiality – is ./prohibition_order_ms_diane_haselden.pdf-an offence contrary to the Criminal Justice and Immigration Act 2008. Accordingly, ./prohibition_order_ms_diane_haselden.pdf-the Panel is satisfied that the material viewed on your computer was illegal. It was ./prohibition_order_ms_diane_haselden.pdf-also inappropriate. ./prohibition_order_ms_diane_haselden.pdf- ./prohibition_order_ms_diane_haselden.pdf-It was not in dispute that the computer in question had been used to download such ./prohibition_order_ms_diane_haselden.pdf-material. Accordingly, the Panel is satisfied that the school laptop was used to ‘view ./prohibition_order_ms_diane_haselden.pdf-material of an inappropriate and illegal nature’. ./prohibition_order_ms_diane_haselden.pdf- ./prohibition_order_ms_diane_haselden.pdf-The issue so far as that is concerned is whether or not it was you who effected or ./prohibition_order_ms_diane_haselden.pdf-allowed those downloads. ./prohibition_order_ms_diane_haselden.pdf- ./prohibition_order_ms_diane_haselden.pdf-In that regard, the Panel has had regard to the plausibility or otherwise of the ./prohibition_order_ms_diane_haselden.pdf:explanation offered by you for the presence of the pornographic material on the ./prohibition_order_ms_diane_haselden.pdf-laptop computer. Of course, it is easy to say ‘someone else must have downloaded ./prohibition_order_ms_diane_haselden.pdf-the material’ but having had regard to all of the evidence in the case, the Panel must ./prohibition_order_ms_diane_haselden.pdf-form a view as to your credibility in that regard. ./prohibition_order_ms_diane_haselden.pdf- ./prohibition_order_ms_diane_haselden.pdf-The Panel notes that the search history for the evening of 18 June 2009 shows that ./prohibition_order_ms_diane_haselden.pdf-between 20.02.12 and 20.44.49, sequential searches were conducted for ‘btinternet’, ./prohibition_order_ms_diane_haselden.pdf-‘zootube’ and ‘peter scott artist autobiography’. In your evidence, you acknowledged ./prohibition_order_ms_diane_haselden.pdf-that, probably, it was you who conducted the first and last search. You also said in ./prohibition_order_ms_diane_haselden.pdf-evidence that you had not seen Individual A or anyone else using your computer ./prohibition_order_ms_diane_haselden.pdf-without your permission. In all of the circumstances, the Panel finds it improbable -- ./prohibition_order_ms_diane_haselden.pdf-knowledge to encrypt the computer yourself, it was incumbent upon you to have that ./prohibition_order_ms_diane_haselden.pdf-encryption installed by the ICT Manager or the school’s approved agent. ./prohibition_order_ms_diane_haselden.pdf- ./prohibition_order_ms_diane_haselden.pdf-Accordingly, the Panel finds Particulars 2 and 3 proved. ./prohibition_order_ms_diane_haselden.pdf- ./prohibition_order_ms_diane_haselden.pdf-Finding as to Unacceptable Professional Conduct ./prohibition_order_ms_diane_haselden.pdf- ./prohibition_order_ms_diane_haselden.pdf-Principle 1 of the Code of Conduct and Practice for Registered Teachers (2009) (‘the ./prohibition_order_ms_diane_haselden.pdf-Code’) requires registrants to ‘take all reasonable steps to ensure the safety and well ./prohibition_order_ms_diane_haselden.pdf-being of children and young people under their supervision’. The Panel notes that ./prohibition_order_ms_diane_haselden.pdf:using a computer at school that has been used to download pornography of the vilest ./prohibition_order_ms_diane_haselden.pdf-type is totally inappropriate and raised the spectre of pupils being subjected to the ./prohibition_order_ms_diane_haselden.pdf-images either by your own error or through their own efforts to access your computer. ./prohibition_order_ms_diane_haselden.pdf- ./prohibition_order_ms_diane_haselden.pdf-Principle 8 of the Code requires registered teachers to ’demonstrate honesty and ./prohibition_order_ms_diane_haselden.pdf-integrity in management and administrative duties, including in the use of school ./prohibition_order_ms_diane_haselden.pdf-property …’ and ‘maintain reasonable standards in their own behaviour that enable ./prohibition_order_ms_diane_haselden.pdf-them to maintain an effective learning environment and also to uphold public trust ./prohibition_order_ms_diane_haselden.pdf-and confidence in the profession.’ ./prohibition_order_ms_diane_haselden.pdf- ./prohibition_order_ms_diane_haselden.pdf-By acting as you did, you failed to follow the school’s policy on the use of your laptop ./prohibition_order_ms_diane_haselden.pdf-computer and demonstrated a serious lack of professional judgement that had the ./prohibition_order_ms_diane_haselden.pdf-very real potential not only to damage your own professional reputation but also the ./prohibition_order_ms_diane_haselden.pdf:reputation of the school and the profession as a whole. Extreme pornographic ./prohibition_order_ms_diane_haselden.pdf-images aside, the computer entrusted to you was used to store documents personal ./prohibition_order_ms_diane_haselden.pdf-to you; was used by other persons (including your daughter); and was used to store ./prohibition_order_ms_diane_haselden.pdf-sensitive personal data, including the names of pupils and personal information ./prohibition_order_ms_diane_haselden.pdf-relating to them, in an unencrypted form. That was in contravention of the usage ./prohibition_order_ms_diane_haselden.pdf-agreements signed by you on 16 January 2007 (which required that the computer be ./prohibition_order_ms_diane_haselden.pdf-used only for ‘professional purposes’) and10 September 2010. ./prohibition_order_ms_diane_haselden.pdf- ./prohibition_order_ms_diane_haselden.pdf-In all of the circumstances, the Panel is satisfied that your conduct fell well short of ./prohibition_order_ms_diane_haselden.pdf-the standard expected of the profession and, hence, amounted to ‘unacceptable ./prohibition_order_ms_diane_haselden.pdf-professional conduct’. -- ./prohibition_order_ms_diane_haselden.pdf-Downloading such obscenities is not a victimless offence because quite often the ./prohibition_order_ms_diane_haselden.pdf-women and children involved have been trafficked or forced into involvement in ./prohibition_order_ms_diane_haselden.pdf-making the images and have to be protected from further sexual exploitation. The ./prohibition_order_ms_diane_haselden.pdf-downloading of material of this sort contributes to the demand for such images and ./prohibition_order_ms_diane_haselden.pdf-the further exploitation of such women and children. ./prohibition_order_ms_diane_haselden.pdf- ./prohibition_order_ms_diane_haselden.pdf-By acting as she did, Ms Haselden failed to follow the school’s policy on the use of ./prohibition_order_ms_diane_haselden.pdf-her laptop computer and demonstrated a serious lack of professional judgement that ./prohibition_order_ms_diane_haselden.pdf-had the very real potential not only to damage her own professional reputation but ./prohibition_order_ms_diane_haselden.pdf-also the reputation of the school and the profession as a whole. Using a computer at ./prohibition_order_ms_diane_haselden.pdf:school that has been used to download pornography of the most offensive and illegal ./prohibition_order_ms_diane_haselden.pdf-type is totally inappropriate and raises the spectre of pupils being subjected to the ./prohibition_order_ms_diane_haselden.pdf-images, either by Ms Hasleden’s own error or through their own efforts to access the ./prohibition_order_ms_diane_haselden.pdf-computer. ./prohibition_order_ms_diane_haselden.pdf- ./prohibition_order_ms_diane_haselden.pdf-The Panel has carefully considered the testimonial as to Ms Haselden’s character ./prohibition_order_ms_diane_haselden.pdf-and had regard to the mitigation advanced by Ms Gill on her behalf. However, the ./prohibition_order_ms_diane_haselden.pdf-Panel is of the view that neither the testimonial nor the representations made ./prohibition_order_ms_diane_haselden.pdf-disclose any exceptional considerations which serve to reduce the nature of her ./prohibition_order_ms_diane_haselden.pdf-offending and its potential consequences. Neither is it a significant consideration that ./prohibition_order_ms_diane_haselden.pdf-Ms Haselden has no intention of working as a teacher in the future. -- ./prohibition_order_ms_diane_haselden.pdf- 9 ./prohibition_order_ms_diane_haselden.pdf- ./prohibition_order_ms_diane_haselden.pdf- ./prohibition_order_ms_diane_haselden.pdf-Secretary of State’s Decision and Reasons ./prohibition_order_ms_diane_haselden.pdf- ./prohibition_order_ms_diane_haselden.pdf-I have given careful consideration to the recommendation of the Panel in this ./prohibition_order_ms_diane_haselden.pdf-case, both in terms of its findings of fact and unacceptable professional ./prohibition_order_ms_diane_haselden.pdf-conduct and also with regard to its recommendation of prohibition and its ./prohibition_order_ms_diane_haselden.pdf-recommendation that there should be no review period. ./prohibition_order_ms_diane_haselden.pdf- ./prohibition_order_ms_diane_haselden.pdf:This case concerns the viewing of the most extreme and illegal pornography ./prohibition_order_ms_diane_haselden.pdf-onto a school computer. The Panel have heard the evidence and given it ./prohibition_order_ms_diane_haselden.pdf-careful consideration. ./prohibition_order_ms_diane_haselden.pdf- ./prohibition_order_ms_diane_haselden.pdf-The Panel have recommended that on the basis of their finding that it is both ./prohibition_order_ms_diane_haselden.pdf-proportionate and in the public interest to impose a prohibition order. I ./prohibition_order_ms_diane_haselden.pdf-support that finding for the reasons given. ./prohibition_order_ms_diane_haselden.pdf- ./prohibition_order_ms_diane_haselden.pdf-The Panel have also recommended that there be no review period. In the light ./prohibition_order_ms_diane_haselden.pdf-of the extreme nature of the material viewed I also support this ./prohibition_order_ms_diane_haselden.pdf-recommendation. ./prohibition_order_ms_elizabeth_sambrook.pdf-The Panel considered the allegations set out in the Notice of Proceedings dated13 ./prohibition_order_ms_elizabeth_sambrook.pdf-March 2012. ./prohibition_order_ms_elizabeth_sambrook.pdf- ./prohibition_order_ms_elizabeth_sambrook.pdf-It was alleged that Ms Elizabeth Sambrook was guilty of unacceptable professional ./prohibition_order_ms_elizabeth_sambrook.pdf-conduct, in that: ./prohibition_order_ms_elizabeth_sambrook.pdf- ./prohibition_order_ms_elizabeth_sambrook.pdf-Whilst employed at Yateley School between 1 September 2007 and the 31 October ./prohibition_order_ms_elizabeth_sambrook.pdf-2009 she: ./prohibition_order_ms_elizabeth_sambrook.pdf- ./prohibition_order_ms_elizabeth_sambrook.pdf-1) Accepted and received an official caution from Hampshire Police on 29 ./prohibition_order_ms_elizabeth_sambrook.pdf: September 2009 for "sexual act with a male 13/17 offender does not believe ./prohibition_order_ms_elizabeth_sambrook.pdf- victim 18+abuse of position of trust – institution on 01/12/08 – 20/06/09"; and ./prohibition_order_ms_elizabeth_sambrook.pdf- ./prohibition_order_ms_elizabeth_sambrook.pdf-2) Deliberately concealed a relationship between herself and a year 13 student. ./prohibition_order_ms_elizabeth_sambrook.pdf- -- ./prohibition_order_ms_elizabeth_sambrook.pdf-conditions of contact as to her relationship with Pupil A. Witness A informed the ./prohibition_order_ms_elizabeth_sambrook.pdf-Panel that he retired in August 2009 and on every occasion that he had raised the ./prohibition_order_ms_elizabeth_sambrook.pdf-matter with Ms Sambrook she denied emphatically that there was any relationship ./prohibition_order_ms_elizabeth_sambrook.pdf-between herself and Pupil A. ./prohibition_order_ms_elizabeth_sambrook.pdf- ./prohibition_order_ms_elizabeth_sambrook.pdf-The Panel also heard evidence from Witness B who was a senior HR advisor at ./prohibition_order_ms_elizabeth_sambrook.pdf-Hampshire County Council. Witness B gave evidence to the Panel that he ./prohibition_order_ms_elizabeth_sambrook.pdf-became aware of the investigation into Ms Sambrook's conduct when he attended a ./prohibition_order_ms_elizabeth_sambrook.pdf-strategy meeting called by Hampshire County Council when the police were present. ./prohibition_order_ms_elizabeth_sambrook.pdf-Subsequently, it became clear that Ms Sambrook had received a caution from ./prohibition_order_ms_elizabeth_sambrook.pdf:Hampshire Police on the 29 September 2009 for engaging in a sexual relationship ./prohibition_order_ms_elizabeth_sambrook.pdf-with Pupil A, who was under 18 at the time the relationship occurred. Witness B then ./prohibition_order_ms_elizabeth_sambrook.pdf-gave evidence to the Panel as to the procedures undertaken by the School following ./prohibition_order_ms_elizabeth_sambrook.pdf- -- ./prohibition_order_ms_elizabeth_sambrook.pdf-reasons why we decided to proceed with the hearing in her absence. ./prohibition_order_ms_elizabeth_sambrook.pdf- ./prohibition_order_ms_elizabeth_sambrook.pdf-Findings of fact ./prohibition_order_ms_elizabeth_sambrook.pdf- ./prohibition_order_ms_elizabeth_sambrook.pdf-We have made the following findings of fact. ./prohibition_order_ms_elizabeth_sambrook.pdf- ./prohibition_order_ms_elizabeth_sambrook.pdf-The Notice of Proceedings dated the 13th March 2012 made an allegation that Ms ./prohibition_order_ms_elizabeth_sambrook.pdf-Sambrook was guilty of unacceptable professional conduct in that she: ./prohibition_order_ms_elizabeth_sambrook.pdf- ./prohibition_order_ms_elizabeth_sambrook.pdf-1. Accepted and received an official caution from Hampshire Police on the 29 th ./prohibition_order_ms_elizabeth_sambrook.pdf: September 2009 for 'sexual act with a male 13/17 offender does not believe ./prohibition_order_ms_elizabeth_sambrook.pdf- victim 18+ abuse of position of trust- institution on 01/12/08 -29/0609' and ./prohibition_order_ms_elizabeth_sambrook.pdf- ./prohibition_order_ms_elizabeth_sambrook.pdf-2. Deliberately concealed a relationship between herself and a year 13 student. ./prohibition_order_ms_elizabeth_sambrook.pdf- ./prohibition_order_ms_elizabeth_sambrook.pdf-We have heard evidence from Witness A the former Head Teacher of Yateley ./prohibition_order_ms_elizabeth_sambrook.pdf-School, and Witness B HR Adviser at Hampshire County Council. ./prohibition_order_ms_elizabeth_sambrook.pdf- ./prohibition_order_ms_elizabeth_sambrook.pdf-Ms Sambrook did not give evidence before us, but we have considered the heresay ./prohibition_order_ms_elizabeth_sambrook.pdf-evidence from her that appears in our hearing bundle. In particular we have ./prohibition_order_ms_elizabeth_sambrook.pdf-considered the papers at pages 70 -77 which contain evidence from the police which -- ./prohibition_order_ms_elizabeth_sambrook.pdf- ./prohibition_order_ms_elizabeth_sambrook.pdf- We have considered in relation to public interest: ./prohibition_order_ms_elizabeth_sambrook.pdf- ./prohibition_order_ms_elizabeth_sambrook.pdf-  The protection of children and other members of the public, ./prohibition_order_ms_elizabeth_sambrook.pdf-  The maintenance of public confidence in the profession, ./prohibition_order_ms_elizabeth_sambrook.pdf-  Declaring and upholding proper standards of conduct. ./prohibition_order_ms_elizabeth_sambrook.pdf- ./prohibition_order_ms_elizabeth_sambrook.pdf- Ms Sambrook in agreeing to accept a police caution accepted that she had ./prohibition_order_ms_elizabeth_sambrook.pdf- committed what we consider to be a serious criminal offence. We consider it to be a ./prohibition_order_ms_elizabeth_sambrook.pdf- serious offence because Ms Sambrook abused a position of trust, and in so doing ./prohibition_order_ms_elizabeth_sambrook.pdf: committed a sexual act with a male person who was under eighteen years of age. ./prohibition_order_ms_elizabeth_sambrook.pdf- ./prohibition_order_ms_elizabeth_sambrook.pdf- We have concluded that Ms Sambrook chose not to observe professional ./prohibition_order_ms_elizabeth_sambrook.pdf- boundaries. There is therefore a risk she will do so in the future and therefore be a ./prohibition_order_ms_elizabeth_sambrook.pdf- continuing risk to young people. She also abused the confidence placed in her by ./prohibition_order_ms_elizabeth_sambrook.pdf- colleagues by misleading them over a number of months. Ms Sambrook now admits ./prohibition_order_ms_elizabeth_sambrook.pdf- to an intimate relationship with Pupil A in December 2008, but for a number of ./prohibition_order_ms_elizabeth_sambrook.pdf- months denied to colleagues that such a relationship existed. ./prohibition_order_ms_elizabeth_sambrook.pdf- ./prohibition_order_ms_elizabeth_sambrook.pdf- We have considered the advice on Teacher misconduct in relation to the prohibition ./prohibition_order_ms_elizabeth_sambrook.pdf- of teachers. We have concluded that the following factors are of relevance: ./prohibition_order_ms_heather_anne_bartlett.pdf:2. Were cautioned by Hertfordshire Constabulary on 29 January 2013 for sexual ./prohibition_order_ms_heather_anne_bartlett.pdf- activity with a male aged 13 to 17 abuse of a position of trust. ./prohibition_order_ms_heather_anne_bartlett.pdf- ./prohibition_order_ms_heather_anne_bartlett.pdf-The teacher admitted the facts of the allegations against her and also that they amounted ./prohibition_order_ms_heather_anne_bartlett.pdf-to unacceptable professional conduct/conduct that may bring the profession into ./prohibition_order_ms_heather_anne_bartlett.pdf-disrepute. The teacher signed a statement of agreed facts to that effect. ./prohibition_order_ms_heather_anne_bartlett.pdf- ./prohibition_order_ms_heather_anne_bartlett.pdf- ./prohibition_order_ms_heather_anne_bartlett.pdf-C. Preliminary applications ./prohibition_order_ms_heather_anne_bartlett.pdf-None ./prohibition_order_ms_heather_anne_bartlett.pdf- -- ./prohibition_order_ms_heather_anne_bartlett.pdf- March 2013 acted inappropriately with Pupil A in that she: ./prohibition_order_ms_heather_anne_bartlett.pdf- ./prohibition_order_ms_heather_anne_bartlett.pdf- (a) Met him on 3 occasions between May 2012 and June 2012 outside of ./prohibition_order_ms_heather_anne_bartlett.pdf- school, including at her house; ./prohibition_order_ms_heather_anne_bartlett.pdf- ./prohibition_order_ms_heather_anne_bartlett.pdf- (b) Kissed him on 3 occasions. ./prohibition_order_ms_heather_anne_bartlett.pdf- ./prohibition_order_ms_heather_anne_bartlett.pdf-We find the facts proved based on Ms Bartlett’s admission and the content of the ./prohibition_order_ms_heather_anne_bartlett.pdf-Statement of Agreed Facts. ./prohibition_order_ms_heather_anne_bartlett.pdf- ./prohibition_order_ms_heather_anne_bartlett.pdf:2. Were cautioned by Hertfordshire Constabulary on 29 January 2013 for sexual ./prohibition_order_ms_heather_anne_bartlett.pdf- activity with a male aged 13 to 17 abuse of a position of trust. ./prohibition_order_ms_heather_anne_bartlett.pdf- ./prohibition_order_ms_heather_anne_bartlett.pdf-We find the facts proved based on Ms Bartlett’s admission, the content of the Statement ./prohibition_order_ms_heather_anne_bartlett.pdf-of Agreed Facts and the extract from the Police National Computer. ./prohibition_order_ms_heather_anne_bartlett.pdf- ./prohibition_order_ms_heather_anne_bartlett.pdf-Findings as to Unacceptable Professional Conduct and/or ./prohibition_order_ms_heather_anne_bartlett.pdf-Conduct that may bring the profession into disrepute ./prohibition_order_ms_heather_anne_bartlett.pdf-Ms Bartlett admits that her conduct amounts to unacceptable professional conduct and ./prohibition_order_ms_heather_anne_bartlett.pdf-conduct that may bring the profession into disrepute, but we have made our own ./prohibition_order_ms_heather_anne_bartlett.pdf-determination. -- ./prohibition_order_ms_heather_anne_bartlett.pdf- ./prohibition_order_ms_heather_anne_bartlett.pdf-We have concluded that it is necessary in the public interest to recommend a Prohibition ./prohibition_order_ms_heather_anne_bartlett.pdf-Order. This is necessary to maintain public confidence in the teaching profession and to ./prohibition_order_ms_heather_anne_bartlett.pdf-declare and uphold proper standards of conduct. ./prohibition_order_ms_heather_anne_bartlett.pdf- ./prohibition_order_ms_heather_anne_bartlett.pdf-We considered very carefully whether to recommend that Ms Bartlett be allowed to apply ./prohibition_order_ms_heather_anne_bartlett.pdf-to have the Prohibition Order reviewed after a specified period of time or that there be no ./prohibition_order_ms_heather_anne_bartlett.pdf-provision for review. ./prohibition_order_ms_heather_anne_bartlett.pdf- ./prohibition_order_ms_heather_anne_bartlett.pdf-We have concluded that we should recommend that there should be no provision to ./prohibition_order_ms_heather_anne_bartlett.pdf:apply for the Prohibition Order to be set aside in this case due to the sexual misconduct ./prohibition_order_ms_heather_anne_bartlett.pdf-combined with Ms Bartlett’s initial repeated denials to the school and the police. The ./prohibition_order_ms_heather_anne_bartlett.pdf-concealment exacerbated the abuse of position of trust. ./prohibition_order_ms_heather_anne_bartlett.pdf- ./prohibition_order_ms_heather_anne_bartlett.pdf- ./prohibition_order_ms_heather_anne_bartlett.pdf-Decision and reasons on behalf of the Secretary of ./prohibition_order_ms_heather_anne_bartlett.pdf-State ./prohibition_order_ms_heather_anne_bartlett.pdf-I have given very careful consideration to the findings and recommendations of the ./prohibition_order_ms_heather_anne_bartlett.pdf-panel in this case. ./prohibition_order_ms_heather_anne_bartlett.pdf- ./prohibition_order_ms_heather_anne_bartlett.pdf-Ms Bartlett has admitted all the allegations and that they amount to unacceptable -- ./prohibition_order_ms_heather_anne_bartlett.pdf-which affected the well-being of the pupil concerned. Ms Bartlett’s actions involved ./prohibition_order_ms_heather_anne_bartlett.pdf-abuse of a position of trust and was compounded by her initial denials on separate ./prohibition_order_ms_heather_anne_bartlett.pdf-occasions to both the police and the school. ./prohibition_order_ms_heather_anne_bartlett.pdf- ./prohibition_order_ms_heather_anne_bartlett.pdf-The panel have noted the testimonials in support of Ms Bartlett and that she has ./prohibition_order_ms_heather_anne_bartlett.pdf-shown insight and remorse. However in view of the seriousness of this case, ./prohibition_order_ms_heather_anne_bartlett.pdf:particularly the presence of sexual misconduct, I agree with the panel’s ./prohibition_order_ms_heather_anne_bartlett.pdf-recommendation that Ms Bartlett should be prohibited without the opportunity to ./prohibition_order_ms_heather_anne_bartlett.pdf-have the sanction reviewed. ./prohibition_order_ms_heather_anne_bartlett.pdf- ./prohibition_order_ms_heather_anne_bartlett.pdf-This means that Ms Heather Anne Bartlett is prohibited from teaching indefinitely and ./prohibition_order_ms_heather_anne_bartlett.pdf-cannot teach in any school, sixth form college, relevant youth accommodation or ./prohibition_order_ms_heather_anne_bartlett.pdf-children’s home in England. Furthermore, in view of the seriousness of the allegations ./prohibition_order_ms_heather_anne_bartlett.pdf-found proved against her, I have decided that Ms Heather Anne Bartlett shall not be ./prohibition_order_ms_heather_anne_bartlett.pdf-entitled to apply for restoration of her eligibility to teach. ./prohibition_order_ms_heather_anne_bartlett.pdf- ./prohibition_order_ms_heather_anne_bartlett.pdf-This Order takes effect from the date on which it is served on the Teacher. ./prohibition_order_ms_jayne_omahoney.pdf-throughout the proceedings. ./prohibition_order_ms_jayne_omahoney.pdf- ./prohibition_order_ms_jayne_omahoney.pdf-It was alleged that Ms Jayne O'Mahoney was guilty of unacceptable professional ./prohibition_order_ms_jayne_omahoney.pdf-conduct and/or conduct that may bring the profession into disrepute, in that: ./prohibition_order_ms_jayne_omahoney.pdf-Whilst employed at a School between 2007 and 2010, Ms O'Mahoney: ./prohibition_order_ms_jayne_omahoney.pdf- ./prohibition_order_ms_jayne_omahoney.pdf-1. Engaged in an inappropriate relationship with Pupil A, ./prohibition_order_ms_jayne_omahoney.pdf- ./prohibition_order_ms_jayne_omahoney.pdf- a) Her relationship included conduct of a physical nature; ./prohibition_order_ms_jayne_omahoney.pdf- ./prohibition_order_ms_jayne_omahoney.pdf: b) Her conduct was sexually motivated ./prohibition_order_ms_jayne_omahoney.pdf- ./prohibition_order_ms_jayne_omahoney.pdf-2. Engaged in inappropriate relationship with Pupil B ./prohibition_order_ms_jayne_omahoney.pdf- ./prohibition_order_ms_jayne_omahoney.pdf-3. Failed to follow the appropriate safeguarding procedures following the receipt ./prohibition_order_ms_jayne_omahoney.pdf- of relevant safeguarding information concerning Pupil B which she did not ./prohibition_order_ms_jayne_omahoney.pdf- pass on; ./prohibition_order_ms_jayne_omahoney.pdf- ./prohibition_order_ms_jayne_omahoney.pdf-4. Failed to follow reasonable management instructions with regard to; ./prohibition_order_ms_jayne_omahoney.pdf- ./prohibition_order_ms_jayne_omahoney.pdf- a) Her relationship with students in that; -- ./prohibition_order_ms_jayne_omahoney.pdf-O'Mahoney. Pupil A denied that there was any truth in the rumours, but the Head ./prohibition_order_ms_jayne_omahoney.pdf-Teacher did provide advice on 27 November 2007 to Ms O'Mahoney telling her that ./prohibition_order_ms_jayne_omahoney.pdf-she should not be alone with the pupil and should not give lifts to her in her car. ./prohibition_order_ms_jayne_omahoney.pdf- ./prohibition_order_ms_jayne_omahoney.pdf-The allegations were not identified until after Pupils A and B had stopped being ./prohibition_order_ms_jayne_omahoney.pdf-taught by Ms O'Mahoney and the detail of the allegations was raised during the ./prohibition_order_ms_jayne_omahoney.pdf-police and school investigation. During the school investigation concerns were also ./prohibition_order_ms_jayne_omahoney.pdf-raised that Pupil B had also had an inappropriate relationship with Ms O'Mahoney, in ./prohibition_order_ms_jayne_omahoney.pdf-that they had sent personal text messages, emails and communicated via music ./prohibition_order_ms_jayne_omahoney.pdf-websites. It was suggested that Pupil B had told Ms O'Mahoney that she had ./prohibition_order_ms_jayne_omahoney.pdf:received sexualised text messages from a male parent of another pupil at the school. ./prohibition_order_ms_jayne_omahoney.pdf-Despite being aware of the allegation, Ms O'Mahoney did not report the concern to ./prohibition_order_ms_jayne_omahoney.pdf-the school. ./prohibition_order_ms_jayne_omahoney.pdf- ./prohibition_order_ms_jayne_omahoney.pdf-During the school investigation, Ms O'Mahoney was suspended. During the period ./prohibition_order_ms_jayne_omahoney.pdf-of her suspension she corresponded with Pupil B and exchanged text messages with ./prohibition_order_ms_jayne_omahoney.pdf-a pupil who was the daughter of another teacher at the school. Throughout the ./prohibition_order_ms_jayne_omahoney.pdf-school and police investigation, Ms O'Mahoney accepted that she had given lifts to ./prohibition_order_ms_jayne_omahoney.pdf-Pupil A but denied that she had acted inappropriately. She also denied that she had ./prohibition_order_ms_jayne_omahoney.pdf-engaged in any form of inappropriate relationship with Pupils A or B and she had ./prohibition_order_ms_jayne_omahoney.pdf-never had physical contact with Pupil A. She maintained that Pupil A was known to -- ./prohibition_order_ms_jayne_omahoney.pdf-November 2012. ./prohibition_order_ms_jayne_omahoney.pdf- ./prohibition_order_ms_jayne_omahoney.pdf-It was alleged that Ms Jayne O'Mahoney is guilty of unacceptable professional ./prohibition_order_ms_jayne_omahoney.pdf-conduct and/or conduct that may bring the profession into disrepute, in that: ./prohibition_order_ms_jayne_omahoney.pdf-Whilst employed at a School between 2007 and 2010, Ms O'Mahoney: ./prohibition_order_ms_jayne_omahoney.pdf- ./prohibition_order_ms_jayne_omahoney.pdf-1. Engaged in an inappropriate relationship with Pupil A, ./prohibition_order_ms_jayne_omahoney.pdf- ./prohibition_order_ms_jayne_omahoney.pdf- a) Her relationship included conduct of a physical nature; ./prohibition_order_ms_jayne_omahoney.pdf- ./prohibition_order_ms_jayne_omahoney.pdf: b) Her conduct was sexually motivated ./prohibition_order_ms_jayne_omahoney.pdf- ./prohibition_order_ms_jayne_omahoney.pdf-2. Engaged in an inappropriate relationship with Pupil B ./prohibition_order_ms_jayne_omahoney.pdf- ./prohibition_order_ms_jayne_omahoney.pdf-3. Failed to follow the appropriate safeguarding procedures following the receipt ./prohibition_order_ms_jayne_omahoney.pdf- of relevant safeguarding information concerning Pupil B which she did not ./prohibition_order_ms_jayne_omahoney.pdf- pass on; ./prohibition_order_ms_jayne_omahoney.pdf- -- ./prohibition_order_ms_jayne_omahoney.pdf- ./prohibition_order_ms_jayne_omahoney.pdf- ./prohibition_order_ms_jayne_omahoney.pdf-We carefully considered all of the relevant evidence. This has included the evidence ./prohibition_order_ms_jayne_omahoney.pdf-of Pupil A and your evidence. For the reasons set out above, we found Pupil A's ./prohibition_order_ms_jayne_omahoney.pdf-evidence to be credible, cogent and reliable and we have afforded weight to it. Also ./prohibition_order_ms_jayne_omahoney.pdf-for the reasons set out above, we did not find your evidence to be consistent or ./prohibition_order_ms_jayne_omahoney.pdf-credible. ./prohibition_order_ms_jayne_omahoney.pdf- ./prohibition_order_ms_jayne_omahoney.pdf-Pupil A provided detail about the nature of the physical contact, meetings and ./prohibition_order_ms_jayne_omahoney.pdf-conversations between you. You have denied that any of your behaviour was ./prohibition_order_ms_jayne_omahoney.pdf:sexually motivated. For the purposes of this public decision we have decided not to ./prohibition_order_ms_jayne_omahoney.pdf-include the specific detail, but the available evidence has satisfied us, on the balance ./prohibition_order_ms_jayne_omahoney.pdf:of probabilities, that your conduct and relationship with Pupil A was sexually ./prohibition_order_ms_jayne_omahoney.pdf-motivated. Given our view of the evidence and specifically the detail provided by ./prohibition_order_ms_jayne_omahoney.pdf-Pupil A, it is our view that there is sufficient evidence available to prove that your ./prohibition_order_ms_jayne_omahoney.pdf:behaviour was sexually motivated and is the only inference which can be drawn from ./prohibition_order_ms_jayne_omahoney.pdf-the evidence presented by Pupil A. ./prohibition_order_ms_jayne_omahoney.pdf- ./prohibition_order_ms_jayne_omahoney.pdf-We have carefully considered the stem to this particular which states that you ./prohibition_order_ms_jayne_omahoney.pdf-engaged in an inappropriate relationship with Pupil A. ./prohibition_order_ms_jayne_omahoney.pdf- ./prohibition_order_ms_jayne_omahoney.pdf-We considered all of the relevant evidence and the findings of fact which we have ./prohibition_order_ms_jayne_omahoney.pdf-made. ./prohibition_order_ms_jayne_omahoney.pdf- ./prohibition_order_ms_jayne_omahoney.pdf-With respect to this particular, we also considered the safeguarding report prepared ./prohibition_order_ms_jayne_omahoney.pdf-by Ms Veronica Miller and the opinion evidence of the Head teacher. The evidence ./prohibition_order_ms_jayne_omahoney.pdf-of Ms Miller and that of the Head teacher is that your actions transcended ./prohibition_order_ms_jayne_omahoney.pdf-professional boundaries. We understand that this means that your behaviour ./prohibition_order_ms_jayne_omahoney.pdf-breached the expectations of appropriate professional boundaries which should exist ./prohibition_order_ms_jayne_omahoney.pdf-within a student / teacher relationship. On the basis that we have found it proven ./prohibition_order_ms_jayne_omahoney.pdf-that you engaged in a personal relationship with Pupil A which involved physical ./prohibition_order_ms_jayne_omahoney.pdf:contact and which was sexually motivated, we find it proven that your relationship ./prohibition_order_ms_jayne_omahoney.pdf-with the pupil was inappropriate. ./prohibition_order_ms_jayne_omahoney.pdf- ./prohibition_order_ms_jayne_omahoney.pdf-We find each of the elements of particular 1 proven. ./prohibition_order_ms_jayne_omahoney.pdf- ./prohibition_order_ms_jayne_omahoney.pdf-With respect to particular 2 ./prohibition_order_ms_jayne_omahoney.pdf- ./prohibition_order_ms_jayne_omahoney.pdf-We have considered the evidence of the Head teacher and Pupil A. We have also ./prohibition_order_ms_jayne_omahoney.pdf-considered your evidence carefully. You maintain that you did not engage in an ./prohibition_order_ms_jayne_omahoney.pdf-inappropriate relationship with Pupil B. ./prohibition_order_ms_jayne_omahoney.pdf- -- ./prohibition_order_ms_jayne_omahoney.pdf- ./prohibition_order_ms_jayne_omahoney.pdf-With respect to particular 3 ./prohibition_order_ms_jayne_omahoney.pdf- ./prohibition_order_ms_jayne_omahoney.pdf-We have noted that you admit the facts of this particular. ./prohibition_order_ms_jayne_omahoney.pdf- ./prohibition_order_ms_jayne_omahoney.pdf-We have carefully considered the evidence of the Head teacher as well as ./prohibition_order_ms_jayne_omahoney.pdf-considering the school policy on child protection. We have also considered your ./prohibition_order_ms_jayne_omahoney.pdf-evidence. ./prohibition_order_ms_jayne_omahoney.pdf- ./prohibition_order_ms_jayne_omahoney.pdf-You were aware of concerns which had been reported to you by Pupil B which ./prohibition_order_ms_jayne_omahoney.pdf:related to sexualised text messages being sent to her by the male parent of another ./prohibition_order_ms_jayne_omahoney.pdf-pupil at the school. You accept that you were aware of the text messages and the ./prohibition_order_ms_jayne_omahoney.pdf-report which Pupil B had made to you. You accept that you did not refer this concern ./prohibition_order_ms_jayne_omahoney.pdf-to the school's child protection officer or Head teacher. You accept that you failed to ./prohibition_order_ms_jayne_omahoney.pdf-follow appropriate safeguarding procedures. ./prohibition_order_ms_jayne_omahoney.pdf- ./prohibition_order_ms_jayne_omahoney.pdf-In your evidence given as part of the school investigation, you explained that you did ./prohibition_order_ms_jayne_omahoney.pdf-not report the concern because you wanted to preserve your relationship with Pupil ./prohibition_order_ms_jayne_omahoney.pdf-B and the trust which Pupil B had in you. You explained to the school that the pupil ./prohibition_order_ms_jayne_omahoney.pdf-asked you not to report the issue to the school. The fact of the text messages were ./prohibition_order_ms_jayne_omahoney.pdf-ultimately reported to the school by a parent who heard of the situation through -- ./prohibition_order_ms_jayne_omahoney.pdf- 12 ./prohibition_order_ms_jayne_omahoney.pdf- ./prohibition_order_ms_jayne_omahoney.pdf- ./prohibition_order_ms_jayne_omahoney.pdf-namely, the protection of children, the maintenance of public confidence in the ./prohibition_order_ms_jayne_omahoney.pdf-profession as well as declaring and upholding proper standards of conduct. ./prohibition_order_ms_jayne_omahoney.pdf- ./prohibition_order_ms_jayne_omahoney.pdf-Clearly in light of the Panel's findings against Ms O'Mahoney, which involved serious ./prohibition_order_ms_jayne_omahoney.pdf:findings of sexually motivated inappropriate relationship and forming inappropriate ./prohibition_order_ms_jayne_omahoney.pdf-relationships with more than one child, there is a strong public interest consideration ./prohibition_order_ms_jayne_omahoney.pdf-in respect of the protection of children. Similarly the Panel considers that public ./prohibition_order_ms_jayne_omahoney.pdf-confidence in the profession could be seriously weakened if conduct such as that ./prohibition_order_ms_jayne_omahoney.pdf-found against Ms O'Mahoney were not treated with upmost seriousness when ./prohibition_order_ms_jayne_omahoney.pdf-regulating the conduct of the profession. Also the Panel considered that a strong ./prohibition_order_ms_jayne_omahoney.pdf-public interest consideration in declaring proper standards of conduct in the ./prohibition_order_ms_jayne_omahoney.pdf-profession was also present as the conduct found against Ms O'Mahoney was ./prohibition_order_ms_jayne_omahoney.pdf-outside that which could reasonably be tolerated. ./prohibition_order_ms_jayne_omahoney.pdf- ./prohibition_order_ms_jayne_omahoney.pdf-Notwithstanding the clear public interest considerations that were present, the Panel -- ./prohibition_order_ms_jayne_omahoney.pdf- ./prohibition_order_ms_jayne_omahoney.pdf-The Panel went on to consider whether or not it would be appropriate for them to ./prohibition_order_ms_jayne_omahoney.pdf-decide to recommend that a review period of the Order should be considered. The ./prohibition_order_ms_jayne_omahoney.pdf-Panel were mindful that the Advice given is that a Prohibition Order applies for life ./prohibition_order_ms_jayne_omahoney.pdf-but that there may be circumstances in any given case that may make it appropriate ./prohibition_order_ms_jayne_omahoney.pdf-for a review period of not less than two years to be recommended in order for the ./prohibition_order_ms_jayne_omahoney.pdf-teacher to apply to set aside the order. ./prohibition_order_ms_jayne_omahoney.pdf- ./prohibition_order_ms_jayne_omahoney.pdf-The Advice indicates that there are behaviours that, if proven, would militate against ./prohibition_order_ms_jayne_omahoney.pdf-a review period being recommended. One of the examples given in this respect is ./prohibition_order_ms_jayne_omahoney.pdf:her sexually motivated inappropriate relationship. The Panel has found that Ms ./prohibition_order_ms_jayne_omahoney.pdf-O'Mahoney has been responsible for forming an inappropriate relationship with a ./prohibition_order_ms_jayne_omahoney.pdf-pupil that seriously transgressed the proper boundaries of a professional relationship ./prohibition_order_ms_jayne_omahoney.pdf-and involved serious and, in our view, potentially harmful misconduct by Ms ./prohibition_order_ms_jayne_omahoney.pdf-O'Mahoney against that pupil. Although she has shown limited insight into her ./prohibition_order_ms_jayne_omahoney.pdf-actions, Ms O'Mahoney continues to deny wrongdoing in respect of the relationship ./prohibition_order_ms_jayne_omahoney.pdf-which was felt by the Panel to indicate a situation in which a review period would not ./prohibition_order_ms_jayne_omahoney.pdf-be appropriate and as such decided that it would be proportionate in all the ./prohibition_order_ms_jayne_omahoney.pdf-circumstances for the Prohibition Order to be recommended without provision for a ./prohibition_order_ms_jayne_omahoney.pdf-review period. ./prohibition_order_ms_jayne_omahoney.pdf- ./prohibition_order_ms_lucy_jennifer_read.pdf- ./prohibition_order_ms_lucy_jennifer_read.pdf-B. Allegations ./prohibition_order_ms_lucy_jennifer_read.pdf- ./prohibition_order_ms_lucy_jennifer_read.pdf-The Panel considered the allegation set out in the Notice of Proceedings dated 12 ./prohibition_order_ms_lucy_jennifer_read.pdf-June 2012, as amended (see below). ./prohibition_order_ms_lucy_jennifer_read.pdf- ./prohibition_order_ms_lucy_jennifer_read.pdf-It was alleged that Ms Read was guilty of having been convicted of relevant ./prohibition_order_ms_lucy_jennifer_read.pdf-offences, in that: ./prohibition_order_ms_lucy_jennifer_read.pdf- ./prohibition_order_ms_lucy_jennifer_read.pdf-1. Offence: Battery – on 21/06/12 ./prohibition_order_ms_lucy_jennifer_read.pdf: Court: North Essex Magistrates; 17/07/12 ./prohibition_order_ms_lucy_jennifer_read.pdf- Sentence: fine £110; costs £50; victim surcharge £15 ./prohibition_order_ms_lucy_jennifer_read.pdf- ./prohibition_order_ms_lucy_jennifer_read.pdf-2. Offence: Possessing controlled drug – Class A- cocaine – on ./prohibition_order_ms_lucy_jennifer_read.pdf- 28/11/12 ./prohibition_order_ms_lucy_jennifer_read.pdf- -- ./prohibition_order_ms_lucy_jennifer_read.pdf- 2 ./prohibition_order_ms_lucy_jennifer_read.pdf- ./prohibition_order_ms_lucy_jennifer_read.pdf- ./prohibition_order_ms_lucy_jennifer_read.pdf: Court: North Essex Magistrates; 18/12/12 ./prohibition_order_ms_lucy_jennifer_read.pdf- Sentence: fine £95; costs £60.00; victim surcharge £20; forfeiture and ./prohibition_order_ms_lucy_jennifer_read.pdf- destruction ./prohibition_order_ms_lucy_jennifer_read.pdf- ./prohibition_order_ms_lucy_jennifer_read.pdf-3. Offence: Possessing controlled drug – Class B- ./prohibition_order_ms_lucy_jennifer_read.pdf- cannabis/cannabis resin – on 28/11/12 ./prohibition_order_ms_lucy_jennifer_read.pdf: Court: North Essex Magistrates; 18/12/12 ./prohibition_order_ms_lucy_jennifer_read.pdf- Sentence: no separate penalty; forfeiture and destruction ./prohibition_order_ms_lucy_jennifer_read.pdf- ./prohibition_order_ms_lucy_jennifer_read.pdf-4. Offence: Possessing controlled drug – Class B- amphetamine – on ./prohibition_order_ms_lucy_jennifer_read.pdf- 28/11/12 ./prohibition_order_ms_lucy_jennifer_read.pdf: Court: North Essex Magistrates; 18/12/12 ./prohibition_order_ms_lucy_jennifer_read.pdf- Sentence: fine £60; forfeiture and destruction ./prohibition_order_ms_lucy_jennifer_read.pdf- ./prohibition_order_ms_lucy_jennifer_read.pdf-Ms Read had made no response to the Notice of Proceedings. ./prohibition_order_ms_lucy_jennifer_read.pdf- ./prohibition_order_ms_lucy_jennifer_read.pdf-C. Preliminary Applications ./prohibition_order_ms_lucy_jennifer_read.pdf- ./prohibition_order_ms_lucy_jennifer_read.pdf-Jurisdiction ./prohibition_order_ms_lucy_jennifer_read.pdf- ./prohibition_order_ms_lucy_jennifer_read.pdf-The Panel queried whether they had jurisdiction to consider the case given the ./prohibition_order_ms_lucy_jennifer_read.pdf-absence of definitive evidence that Ms Read was or ever had been a teacher. Ms ./prohibition_order_ms_lucy_jennifer_read.pdf-Rix confirmed that the only evidence she could refer to was the record made by ./prohibition_order_ms_lucy_jennifer_read.pdf:Essex Police that Ms Read had declared herself to be a teacher and that the Police ./prohibition_order_ms_lucy_jennifer_read.pdf-had thereafter reported the matter to the Teaching Agency in accordance with the ./prohibition_order_ms_lucy_jennifer_read.pdf-Notifiable Occupation Scheme. She had checked the register of those with Qualified ./prohibition_order_ms_lucy_jennifer_read.pdf-Teacher Status and Ms Read was not on that. Further, internet searches had failed ./prohibition_order_ms_lucy_jennifer_read.pdf-to yield any useful information. She submitted that, nevertheless, the Police record ./prohibition_order_ms_lucy_jennifer_read.pdf-was sufficient evidence that Ms Read was at the time or had previously been a ./prohibition_order_ms_lucy_jennifer_read.pdf-teacher as defined by statute and it was in the public interest to proceed on that ./prohibition_order_ms_lucy_jennifer_read.pdf-basis. ./prohibition_order_ms_lucy_jennifer_read.pdf- ./prohibition_order_ms_lucy_jennifer_read.pdf-Before the Panel considered its decision, the Legal Adviser declared the following ./prohibition_order_ms_lucy_jennifer_read.pdf-advice: -- ./prohibition_order_ms_lucy_jennifer_read.pdf-Teacher Status. The definition of who is a teacher is far wider than this and ./prohibition_order_ms_lucy_jennifer_read.pdf-therefore we do not consider that her absence from the register particularly assists ./prohibition_order_ms_lucy_jennifer_read.pdf-us. ./prohibition_order_ms_lucy_jennifer_read.pdf- ./prohibition_order_ms_lucy_jennifer_read.pdf-Proof of Service/ Proceeding in the Absence of the Teacher ./prohibition_order_ms_lucy_jennifer_read.pdf- ./prohibition_order_ms_lucy_jennifer_read.pdf-Ms Rix requested that the Panel proceed in the absence of Ms Read and submitted ./prohibition_order_ms_lucy_jennifer_read.pdf-that the essential requirements of service had been satisfied and the Panel should ./prohibition_order_ms_lucy_jennifer_read.pdf-exercise its discretion to proceed. She produced an exchange of emails between ./prohibition_order_ms_lucy_jennifer_read.pdf-the National College and a firm of enquiry agents, Farleigh Consultants, and the ./prohibition_order_ms_lucy_jennifer_read.pdf:latter, in their email of 22 March 2013, confirmed that the address recorded by Essex ./prohibition_order_ms_lucy_jennifer_read.pdf:Police of 21A Rosemary Road, Clacton-on-Sea, Essex CO15 1NZ was Ms Read’s ./prohibition_order_ms_lucy_jennifer_read.pdf-last known address. They also confirmed a previous address of 2 Paradise Place, ./prohibition_order_ms_lucy_jennifer_read.pdf-Leiston, Suffolk IP16 4DW, which was where the National College had sent a letter ./prohibition_order_ms_lucy_jennifer_read.pdf-dated 11 July 2013 to Ms Read informing her again about the hearing. Further to an ./prohibition_order_ms_lucy_jennifer_read.pdf-enquiry by the Panel about the methods used by the enquiry agents, Ms Rix ./prohibition_order_ms_lucy_jennifer_read.pdf-produced a telephone enquiries log sheet dated 15 August 2013 detailing a ./prohibition_order_ms_lucy_jennifer_read.pdf-telephone conversation between the National College and the enquiry agents in ./prohibition_order_ms_lucy_jennifer_read.pdf-which the latter explained the search methods they used. ./prohibition_order_ms_lucy_jennifer_read.pdf- ./prohibition_order_ms_lucy_jennifer_read.pdf-Before the Panel considered its decision, the Legal Adviser declared the following ./prohibition_order_ms_lucy_jennifer_read.pdf-advice: -- ./prohibition_order_ms_lucy_jennifer_read.pdf- 4 ./prohibition_order_ms_lucy_jennifer_read.pdf- ./prohibition_order_ms_lucy_jennifer_read.pdf- ./prohibition_order_ms_lucy_jennifer_read.pdf-21A Rosemary Road, Clacton-on-Sea, which is the address referred to in the letter ./prohibition_order_ms_lucy_jennifer_read.pdf:from Essex Police to the Teaching Agency dated 21 December 2012 and an enquiry ./prohibition_order_ms_lucy_jennifer_read.pdf-agent’s email to the National College dated 22 March 2013. Further, Ms Rix has ./prohibition_order_ms_lucy_jennifer_read.pdf-provided evidence, in the form of the enquiry agent’s email that Ms Read was ./prohibition_order_ms_lucy_jennifer_read.pdf-residing at this address. ./prohibition_order_ms_lucy_jennifer_read.pdf- ./prohibition_order_ms_lucy_jennifer_read.pdf-On that basis the Panel can be satisfied that the Notice has been sent in accordance ./prohibition_order_ms_lucy_jennifer_read.pdf-with Rule 4.10. ./prohibition_order_ms_lucy_jennifer_read.pdf- ./prohibition_order_ms_lucy_jennifer_read.pdf-If so satisfied, the Panel has discretion to proceed with the hearing in the absence of ./prohibition_order_ms_lucy_jennifer_read.pdf-Ms Read or adjourn. They should take into consideration any representations by Ms ./prohibition_order_ms_lucy_jennifer_read.pdf-Rix, no submissions having been made on behalf of Ms Read. In exercising its -- ./prohibition_order_ms_lucy_jennifer_read.pdf- 7 ./prohibition_order_ms_lucy_jennifer_read.pdf- ./prohibition_order_ms_lucy_jennifer_read.pdf- ./prohibition_order_ms_lucy_jennifer_read.pdf- ./prohibition_order_ms_lucy_jennifer_read.pdf-Our findings of fact are as follows: ./prohibition_order_ms_lucy_jennifer_read.pdf- ./prohibition_order_ms_lucy_jennifer_read.pdf-We have found the following particulars of the allegations against Ms Read proven, ./prohibition_order_ms_lucy_jennifer_read.pdf-for these reasons: ./prohibition_order_ms_lucy_jennifer_read.pdf- ./prohibition_order_ms_lucy_jennifer_read.pdf-1. On 17 July 2012 she was convicted of the offence of Battery, on 21 June 2012, ./prohibition_order_ms_lucy_jennifer_read.pdf: at North Essex Magistrates Court. As a result of this conviction she was ordered ./prohibition_order_ms_lucy_jennifer_read.pdf- to pay a fine of £110, costs of £50 and a victim surcharge of £15. ./prohibition_order_ms_lucy_jennifer_read.pdf- ./prohibition_order_ms_lucy_jennifer_read.pdf-2. On 18 December 2012 she was convicted of the offence of possessing a ./prohibition_order_ms_lucy_jennifer_read.pdf: controlled drug, Class A – Cocaine, on 28 November 2012, at North Essex ./prohibition_order_ms_lucy_jennifer_read.pdf- Magistrates Court. As a result of this conviction she was ordered to pay a fine of ./prohibition_order_ms_lucy_jennifer_read.pdf- £95, costs of £60, victim surcharge £20 and an order was made for forfeiture and ./prohibition_order_ms_lucy_jennifer_read.pdf- destruction. ./prohibition_order_ms_lucy_jennifer_read.pdf- ./prohibition_order_ms_lucy_jennifer_read.pdf-3. On 18 December 2012 she was convicted of the offence of possessing a ./prohibition_order_ms_lucy_jennifer_read.pdf- controlled drug, Class B – Cannabis/Cannabis Resin, on 28 November 2012, at ./prohibition_order_ms_lucy_jennifer_read.pdf: North Essex Magistrates Court. There was no separate penalty and an order ./prohibition_order_ms_lucy_jennifer_read.pdf- made for forfeiture and destruction. ./prohibition_order_ms_lucy_jennifer_read.pdf- ./prohibition_order_ms_lucy_jennifer_read.pdf-4. On 18 December 2012 she was convicted of the offence of possessing a ./prohibition_order_ms_lucy_jennifer_read.pdf: controlled drug, Class B – Amphetamine, on 28 November 2012, at North Essex ./prohibition_order_ms_lucy_jennifer_read.pdf- Magistrates Court. As a result of this conviction she was ordered to pay a fine of ./prohibition_order_ms_lucy_jennifer_read.pdf- £60 and an order made for forfeiture and destruction. ./prohibition_order_ms_lucy_jennifer_read.pdf- ./prohibition_order_ms_lucy_jennifer_read.pdf-We have accepted the evidence in the Police National Computer Record dated 21 ./prohibition_order_ms_lucy_jennifer_read.pdf:December 2012, the Memoranda of Convictions from North Essex Magistrates Court ./prohibition_order_ms_lucy_jennifer_read.pdf:dated 20 March 2013, the letters from Essex Police dated 21 & 27 December 2012 ./prohibition_order_ms_lucy_jennifer_read.pdf-and the Police Report dated 28 November 2012. ./prohibition_order_ms_lucy_jennifer_read.pdf- ./prohibition_order_ms_lucy_jennifer_read.pdf-Conviction of Relevant Offences ./prohibition_order_ms_lucy_jennifer_read.pdf- ./prohibition_order_ms_lucy_jennifer_read.pdf-Having found that Ms Read was convicted of the offences as at 1 – 4 above we ./prohibition_order_ms_lucy_jennifer_read.pdf-further find that they are relevant offences. ./prohibition_order_ms_lucy_jennifer_read.pdf- ./prohibition_order_ms_lucy_jennifer_read.pdf-We consider that the offences are relevant to Ms Read’s fitness to be a teacher. ./prohibition_order_ms_lucy_jennifer_read.pdf- ./prohibition_order_ms_lucy_jennifer_read.pdf-In relation to all four offences Ms Read failed to demonstrate consistently high ./Prohibition_order_Ms_Nargs_Bibi.pdf-I have then gone on to consider the issue of a review period. ./Prohibition_order_Ms_Nargs_Bibi.pdf- ./Prohibition_order_Ms_Nargs_Bibi.pdf-I have read the panel’s recommendation very carefully and in particular have taken into ./Prohibition_order_Ms_Nargs_Bibi.pdf-account the matters that they set out. ./Prohibition_order_Ms_Nargs_Bibi.pdf- ./Prohibition_order_Ms_Nargs_Bibi.pdf-I have also read carefully the advice published by the Secretary of State which very ./Prohibition_order_Ms_Nargs_Bibi.pdf-clearly sets out, as the panel acknowledge, that “a panel should consider recommending ./Prohibition_order_Ms_Nargs_Bibi.pdf-to the Secretary of State that a prohibition order is imposed with no provision for the ./Prohibition_order_Ms_Nargs_Bibi.pdf-teacher to apply for it to be set aside after any period of time where the case involved or ./Prohibition_order_Ms_Nargs_Bibi.pdf-permitted any of the following… intolerance and/or hatred on the grounds of race/religion ./Prohibition_order_Ms_Nargs_Bibi.pdf:or sexual orientation.” ./Prohibition_order_Ms_Nargs_Bibi.pdf- ./Prohibition_order_Ms_Nargs_Bibi.pdf-I have considered all the arguments set out in the panel’s recommendation with great ./Prohibition_order_Ms_Nargs_Bibi.pdf-care. On balance I do not believe that the panel has placed sufficient weight on the ./Prohibition_order_Ms_Nargs_Bibi.pdf-serious and extreme nature of the comments, and has given rather too much weight to ./Prohibition_order_Ms_Nargs_Bibi.pdf-the mitigation set out. ./Prohibition_order_Ms_Nargs_Bibi.pdf- ./Prohibition_order_Ms_Nargs_Bibi.pdf-I have therefore decided that the prohibition order should have no provision for review. In ./Prohibition_order_Ms_Nargs_Bibi.pdf-my view this decision reflects the extreme nature of the material posted on Twitter and ./Prohibition_order_Ms_Nargs_Bibi.pdf-the regard with which the public will hold a teacher who has posted such material. ./Prohibition_order_Ms_Nargs_Bibi.pdf- ./prohibition_order_ms_teresa_ann_mckenzie.pdf- 8 ./prohibition_order_ms_teresa_ann_mckenzie.pdf- ./prohibition_order_ms_teresa_ann_mckenzie.pdf- ./prohibition_order_ms_teresa_ann_mckenzie.pdf-The allegations made against Ms McKenzie in these proceedings are that between ./prohibition_order_ms_teresa_ann_mckenzie.pdf-December 2007 and July 2008 she failed to maintain professional boundaries with ./prohibition_order_ms_teresa_ann_mckenzie.pdf-Pupil A and engaged in inappropriate communications with him. Ms McKenzie ./prohibition_order_ms_teresa_ann_mckenzie.pdf-admits the allegations. ./prohibition_order_ms_teresa_ann_mckenzie.pdf- ./prohibition_order_ms_teresa_ann_mckenzie.pdf-It is important to record, however, that what is not being alleged in this hearing is that ./prohibition_order_ms_teresa_ann_mckenzie.pdf:she had any form of sexual relationship with Pupil A. We emphasise this because in ./prohibition_order_ms_teresa_ann_mckenzie.pdf-March 2010, at the end of a fully contested trial during which Pupil A gave evidence ./prohibition_order_ms_teresa_ann_mckenzie.pdf-for the prosecution, Ms McKenzie was found not guilty at Chester Crown Court of ./prohibition_order_ms_teresa_ann_mckenzie.pdf-charges brought under section 16(1) of the Sexual Offences Act 2003. ./prohibition_order_ms_teresa_ann_mckenzie.pdf- ./prohibition_order_ms_teresa_ann_mckenzie.pdf-In view of the admissions made by Ms McKenzie, no witnesses were called by the ./prohibition_order_ms_teresa_ann_mckenzie.pdf-Presenting Officer. However, we heard oral evidence from three witnesses called by ./prohibition_order_ms_teresa_ann_mckenzie.pdf-Mr Roberts QC in mitigation on behalf of Ms McKenzie: Witness A, who was a ./prohibition_order_ms_teresa_ann_mckenzie.pdf-Teaching Assistant at the School at the relevant time and who was line managed by ./prohibition_order_ms_teresa_ann_mckenzie.pdf-Ms McKenzie; Witness B, who was the School Secretary; and Ms McKenzie herself. ./prohibition_order_ms_teresa_ann_mckenzie.pdf- ./Prohibition_Order_Ms_Victoria_Ayris.pdf-It was alleged that Ms Victoria Ayris was guilty of unacceptable professional conduct ./Prohibition_Order_Ms_Victoria_Ayris.pdf-and/or conduct that may bring the profession into disrepute, in that whilst employed at ./Prohibition_Order_Ms_Victoria_Ayris.pdf-Castlebrook School, Bury, she: ./Prohibition_Order_Ms_Victoria_Ayris.pdf- ./Prohibition_Order_Ms_Victoria_Ayris.pdf- 1. Failed to maintain proper professional boundaries with Pupil A in that she: ./Prohibition_Order_Ms_Victoria_Ayris.pdf- a. sent more than 2,000 text messages to Pupil A between February 2012 and ./Prohibition_Order_Ms_Victoria_Ayris.pdf- November 2012; ./Prohibition_Order_Ms_Victoria_Ayris.pdf- ./Prohibition_Order_Ms_Victoria_Ayris.pdf- b. exchanged inappropriate messages with Pupil A, including: ./Prohibition_Order_Ms_Victoria_Ayris.pdf- ./Prohibition_Order_Ms_Victoria_Ayris.pdf: i. messages containing sexual content; ./Prohibition_Order_Ms_Victoria_Ayris.pdf- ./Prohibition_Order_Ms_Victoria_Ayris.pdf- ii. messages about her and Pupil A’s personal lives; ./Prohibition_Order_Ms_Victoria_Ayris.pdf- ./Prohibition_Order_Ms_Victoria_Ayris.pdf- iii. messages containing photographs of herself. ./Prohibition_Order_Ms_Victoria_Ayris.pdf- ./Prohibition_Order_Ms_Victoria_Ayris.pdf- 2. Failed to adhere to a reasonable management instruction in that on or around 16 ./Prohibition_Order_Ms_Victoria_Ayris.pdf- November 2012 she contacted Pupil A despite having been told not to do so by ./Prohibition_Order_Ms_Victoria_Ayris.pdf- Individual A, Headteacher. ./Prohibition_Order_Ms_Victoria_Ayris.pdf- ./Prohibition_Order_Ms_Victoria_Ayris.pdf-The facts of the allegations set out at 1 and 2 above are admitted by Ms Victoria Ayris. -- ./Prohibition_Order_Ms_Victoria_Ayris.pdf- ./Prohibition_Order_Ms_Victoria_Ayris.pdf-We confirm that we have read all the documents provided in the bundle in advance of the ./Prohibition_Order_Ms_Victoria_Ayris.pdf-hearing. ./Prohibition_Order_Ms_Victoria_Ayris.pdf- ./Prohibition_Order_Ms_Victoria_Ayris.pdf-Summary of Evidence ./Prohibition_Order_Ms_Victoria_Ayris.pdf- ./Prohibition_Order_Ms_Victoria_Ayris.pdf-Ms Ayris was employed at the School from September 2008 until 16 April 2013 as a ./Prohibition_Order_Ms_Victoria_Ayris.pdf-chemistry teacher. It was alleged that from February 2012, Ms Ayris began exchanging ./Prohibition_Order_Ms_Victoria_Ayris.pdf-text messages with Pupil A. Ms Ayris was Pupil A’s chemistry teacher whilst pupil A was ./Prohibition_Order_Ms_Victoria_Ayris.pdf-in Year 11. The content of the messages was varied and included some content of a ./Prohibition_Order_Ms_Victoria_Ayris.pdf:personal and sexual nature. In November 2012, concerns were reported about Ms Ayris ./Prohibition_Order_Ms_Victoria_Ayris.pdf-being in contact with Pupil A via text. On 16 November 2012, Ms Ayris was told by ./Prohibition_Order_Ms_Victoria_Ayris.pdf-Individual A, the Headteacher, not to have further contact with Pupil A. Following that ./Prohibition_Order_Ms_Victoria_Ayris.pdf-instruction from the Headteacher, Ms Ayris did make further contact with Pupil A. ./Prohibition_Order_Ms_Victoria_Ayris.pdf- ./Prohibition_Order_Ms_Victoria_Ayris.pdf-Findings of Fact ./Prohibition_Order_Ms_Victoria_Ayris.pdf-Our findings of fact are as follows: ./Prohibition_Order_Ms_Victoria_Ayris.pdf- ./Prohibition_Order_Ms_Victoria_Ayris.pdf-We have found the following particulars of the allegations against Ms Ayris proven, for ./Prohibition_Order_Ms_Victoria_Ayris.pdf-these reasons: ./Prohibition_Order_Ms_Victoria_Ayris.pdf- -- ./Prohibition_Order_Ms_Victoria_Ayris.pdf-emergency situations. The policy goes on to state that if a learner continues to use ./Prohibition_Order_Ms_Victoria_Ayris.pdf-personal contacts, this should be reported immediately to the Headteacher. The Panel ./Prohibition_Order_Ms_Victoria_Ayris.pdf-considers that the sending and receiving of the significant number of texts constituted a ./Prohibition_Order_Ms_Victoria_Ayris.pdf-failure to maintain proper boundaries. ./Prohibition_Order_Ms_Victoria_Ayris.pdf- ./Prohibition_Order_Ms_Victoria_Ayris.pdf-The Panel therefore finds the facts of this allegation to be proven. ./Prohibition_Order_Ms_Victoria_Ayris.pdf- ./Prohibition_Order_Ms_Victoria_Ayris.pdf- ./Prohibition_Order_Ms_Victoria_Ayris.pdf-1b) Whilst employed at Castlebrook School she failed to maintain ./Prohibition_Order_Ms_Victoria_Ayris.pdf-proper boundaries with Pupil A in that she exchanged inappropriate ./Prohibition_Order_Ms_Victoria_Ayris.pdf:messages with Pupil A, including (i) messages containing sexual ./Prohibition_Order_Ms_Victoria_Ayris.pdf-content; (ii) messages about their personal lives; (iii) messages ./Prohibition_Order_Ms_Victoria_Ayris.pdf-containing photographs of herself. ./Prohibition_Order_Ms_Victoria_Ayris.pdf-The Panel has considered the transcription of the texts contained in the bundle and noted ./Prohibition_Order_Ms_Victoria_Ayris.pdf-the nature and content of them. The Panel considered that the texts did contain some ./Prohibition_Order_Ms_Victoria_Ayris.pdf:content of an inappropriate nature, including sexual content, information concerning Ms ./Prohibition_Order_Ms_Victoria_Ayris.pdf-Ayris’ and Pupil A’s personal lives and photographs of Ms Ayris. The panel noted that the ./Prohibition_Order_Ms_Victoria_Ayris.pdf:photographs in the bundle were not of a sexual nature. ./Prohibition_Order_Ms_Victoria_Ayris.pdf- ./Prohibition_Order_Ms_Victoria_Ayris.pdf-The Panel accepts Ms Ayris’ admission and acknowledgment that the messages were ./Prohibition_Order_Ms_Victoria_Ayris.pdf-inappropriate. ./Prohibition_Order_Ms_Victoria_Ayris.pdf- ./Prohibition_Order_Ms_Victoria_Ayris.pdf-The Panel finds this allegation to have been proven. ./Prohibition_Order_Ms_Victoria_Ayris.pdf- ./Prohibition_Order_Ms_Victoria_Ayris.pdf- ./Prohibition_Order_Ms_Victoria_Ayris.pdf-2) Whilst employed at Castlebrook School she failed to adhere to a ./Prohibition_Order_Ms_Victoria_Ayris.pdf-reasonable management instruction in that on or around 16 November ./Prohibition_Order_Ms_Victoria_Ayris.pdf-2012, she contacted Pupil A despite having been told not to do so by -- ./Prohibition_Order_Ms_Victoria_Ayris.pdf-be given in order to be punitive, or to show that blame has been apportioned, although ./Prohibition_Order_Ms_Victoria_Ayris.pdf-they are likely to have punitive effect. The panel has considered whether there has been ./Prohibition_Order_Ms_Victoria_Ayris.pdf-a serious departure from the personal and professional conduct element of the Teachers’ ./Prohibition_Order_Ms_Victoria_Ayris.pdf-Standards. ./Prohibition_Order_Ms_Victoria_Ayris.pdf- ./Prohibition_Order_Ms_Victoria_Ayris.pdf-The Panel has considered the particular public interest considerations set out in the ./Prohibition_Order_Ms_Victoria_Ayris.pdf-Teacher Misconduct – Prohibition of Teachers Advice and having done so has found a ./Prohibition_Order_Ms_Victoria_Ayris.pdf-number of them to be relevant in this case, namely the maintenance of public confidence ./Prohibition_Order_Ms_Victoria_Ayris.pdf-in the profession and, especially, declaring and upholding proper standards of conduct. ./Prohibition_Order_Ms_Victoria_Ayris.pdf- ./Prohibition_Order_Ms_Victoria_Ayris.pdf:In light of the Panel’s findings against Ms Ayris, in particular the sexual and graphic ./Prohibition_Order_Ms_Victoria_Ayris.pdf-nature of the texts sent on 12 June 2012 to Pupil A, there is a strong public interest ./Prohibition_Order_Ms_Victoria_Ayris.pdf-consideration. The Panel considers that public confidence in the profession could be ./Prohibition_Order_Ms_Victoria_Ayris.pdf-seriously weakened if conduct such as that found against Ms Ayris were not treated with ./Prohibition_Order_Ms_Victoria_Ayris.pdf-the utmost seriousness. There is a strong public interest in upholding proper standards of ./Prohibition_Order_Ms_Victoria_Ayris.pdf-conduct in the profession; Ms Ayris’ conduct with respect to Allegation 1 b (i) was outside ./Prohibition_Order_Ms_Victoria_Ayris.pdf-that which could reasonably be tolerated. ./Prohibition_Order_Ms_Victoria_Ayris.pdf- ./Prohibition_Order_Ms_Victoria_Ayris.pdf-Even though there were behaviours that would point to a Prohibition Order being ./Prohibition_Order_Ms_Victoria_Ayris.pdf-appropriate, the Panel went on to consider whether or not there were sufficient mitigating ./Prohibition_Order_Ms_Victoria_Ayris.pdf-factors to militate against a Prohibition Order being an appropriate and proportionate ./prohibition_order_paul_brayford.pdf-B. Allegations ./prohibition_order_paul_brayford.pdf- ./prohibition_order_paul_brayford.pdf-The Panel considered the allegations set out in the Notice of Proceedings dated 27 ./prohibition_order_paul_brayford.pdf-November 2012. ./prohibition_order_paul_brayford.pdf- ./prohibition_order_paul_brayford.pdf-It was alleged that Mr Paul Brayford was guilty of unacceptable professional conduct ./prohibition_order_paul_brayford.pdf-and/or conduct that may bring the profession into disrepute in that whilst employed at ./prohibition_order_paul_brayford.pdf-Stratford-upon-Avon Grammar School for Girls, during 2010 and 2011 he: ./prohibition_order_paul_brayford.pdf- ./prohibition_order_paul_brayford.pdf-1) engaged in an inappropriate relationship with Student A; ./prohibition_order_paul_brayford.pdf:2) his conduct at 1) was sexually motivated. ./prohibition_order_paul_brayford.pdf- ./prohibition_order_paul_brayford.pdf-Mr Brayford had not responded to the Notice of Proceedings. ./prohibition_order_paul_brayford.pdf- -- ./prohibition_order_paul_brayford.pdf- 3 ./prohibition_order_paul_brayford.pdf- ./prohibition_order_paul_brayford.pdf- ./prohibition_order_paul_brayford.pdf-We have considered the following allegation that: ./prohibition_order_paul_brayford.pdf- ./prohibition_order_paul_brayford.pdf-Mr Brayford is guilty of unacceptable professional conduct and/or conduct that may ./prohibition_order_paul_brayford.pdf-bring the profession into disrepute in that whilst employed at Stratford-upon-Avon ./prohibition_order_paul_brayford.pdf-Grammar School for Girls, during 2010 and 2011 he: ./prohibition_order_paul_brayford.pdf- ./prohibition_order_paul_brayford.pdf- 1. Engaged in an inappropriate relationship with Student A; ./prohibition_order_paul_brayford.pdf: 2. his conduct at 1) was sexually motivated. ./prohibition_order_paul_brayford.pdf- ./prohibition_order_paul_brayford.pdf- ./prohibition_order_paul_brayford.pdf-Summary ./prohibition_order_paul_brayford.pdf- ./prohibition_order_paul_brayford.pdf-Mr Brayford had been a teacher since September 1992 and had been employed in a ./prohibition_order_paul_brayford.pdf-number of teaching positions. His date of birth is 6 September 1969. He ./prohibition_order_paul_brayford.pdf-commenced employment at Stratford-upon-Avon Grammar School (the "School") for ./prohibition_order_paul_brayford.pdf-Girls on 1 September 2008 and was employed as a full-time History Teacher. In ./prohibition_order_paul_brayford.pdf-addition to his teaching position, he also held a number of pastoral responsibilities ./prohibition_order_paul_brayford.pdf-which included assisting A-level students with completing their UCAS application ./prohibition_order_paul_brayford.pdf-forms. ./prohibition_order_paul_brayford.pdf- ./prohibition_order_paul_brayford.pdf-On 3 May 2011 a concern was raised by a female student at the School that Student ./prohibition_order_paul_brayford.pdf-A had told her that she had kissed Mr Brayford and had been to his house. The ./prohibition_order_paul_brayford.pdf-student reported to the School that she had assumed that Student A and Mr Brayford ./prohibition_order_paul_brayford.pdf:had had sex. Student A was 17 years of age at the time the concerns were raised. ./prohibition_order_paul_brayford.pdf- ./prohibition_order_paul_brayford.pdf-The following day Student A was interviewed at the School by the Headteacher, ./prohibition_order_paul_brayford.pdf-Witness A, and a Police Officer, Individual A, regarding the concerns. The student ./prohibition_order_paul_brayford.pdf-explained that she and Mr Brayford had met several times in and out of school and ./prohibition_order_paul_brayford.pdf-that she had stayed overnight at his house on 4 March 2011. During a subsequent ./prohibition_order_paul_brayford.pdf-interview with the police, Student A stated that during a meeting in School with Mr ./prohibition_order_paul_brayford.pdf-Brayford, he had held her and physically pressed himself against her. She also ./prohibition_order_paul_brayford.pdf-stated that when she had stayed overnight at his house he had lain behind her in the ./prohibition_order_paul_brayford.pdf:bed in his bedroom and had requested that they have sex – she had refused and he ./prohibition_order_paul_brayford.pdf:had left the room. She stated that they had not had a sexual relationship. ./prohibition_order_paul_brayford.pdf- ./prohibition_order_paul_brayford.pdf-On 5 May 2011 Mr Brayford was arrested. During a police interview on 5 May 2011, ./prohibition_order_paul_brayford.pdf-Mr Brayford confirmed that he had met Student A out of school hours and that they ./prohibition_order_paul_brayford.pdf-had discussed personal matters. He suggested that he had met Student A because ./prohibition_order_paul_brayford.pdf-she was unhappy at home and was suicidal. He had given her support and personal ./prohibition_order_paul_brayford.pdf-advice. They had met a number of times in Student A's car and they had hugged. Mr ./prohibition_order_paul_brayford.pdf-Brayford confirmed during the interview that she had stayed at his house overnight. ./prohibition_order_paul_brayford.pdf-He had bought nightwear for her to wear that night. He denied that they had slept ./prohibition_order_paul_brayford.pdf:together in the same bed and denied that he had intended to engage in any sexual ./prohibition_order_paul_brayford.pdf-activity with her. Following the interview, the police undertook a forensic ./prohibition_order_paul_brayford.pdf-examination of both Mr Brayford's and Student A's mobile phones and compiled a ./prohibition_order_paul_brayford.pdf-record of a number of the text messages which had been sent between them. ./prohibition_order_paul_brayford.pdf- ./prohibition_order_paul_brayford.pdf-During a subsequent interview on 16 June 2011 the text messages were raised with ./prohibition_order_paul_brayford.pdf-Mr Brayford. He maintained that he had been silly in a number of the ./prohibition_order_paul_brayford.pdf-communications, had used banter and made a number of general comments but had ./prohibition_order_paul_brayford.pdf- -- ./prohibition_order_paul_brayford.pdf- 4 ./prohibition_order_paul_brayford.pdf- ./prohibition_order_paul_brayford.pdf- ./prohibition_order_paul_brayford.pdf:no motivation to engage in a sexual relationship with Student A. He maintained that ./prohibition_order_paul_brayford.pdf-his text messages had been sent in order to support Student A. ./prohibition_order_paul_brayford.pdf- ./prohibition_order_paul_brayford.pdf-Following her interview, Student A contacted the police and explained that she did ./prohibition_order_paul_brayford.pdf-not want to proceed to give evidence, telling the police that she did not want to go ./prohibition_order_paul_brayford.pdf-through the Court process and that she was about to start at University. ./prohibition_order_paul_brayford.pdf- ./prohibition_order_paul_brayford.pdf- ./prohibition_order_paul_brayford.pdf-Findings ./prohibition_order_paul_brayford.pdf- ./prohibition_order_paul_brayford.pdf-We have carefully considered all of the evidence in this case. Our findings are as -- ./prohibition_order_paul_brayford.pdf- ./prohibition_order_paul_brayford.pdf-We have carefully considered the text message transcripts and Mr Brayford's ./prohibition_order_paul_brayford.pdf-evidence which he gave to the police during interview. Mr Brayford accepts that he ./prohibition_order_paul_brayford.pdf-sent the text messages to Student A and that he received them from her. We have ./prohibition_order_paul_brayford.pdf-noted that there is not a complete record of all of the text communications between ./prohibition_order_paul_brayford.pdf-them and in particular, there remain available only a small number of the text ./prohibition_order_paul_brayford.pdf-messages from Student A to Mr Brayford. ./prohibition_order_paul_brayford.pdf- ./prohibition_order_paul_brayford.pdf-We considered Mr Brayford's explanation that he communicated with and met ./prohibition_order_paul_brayford.pdf-Student A in order to protect her and to listen to her concerns. He also suggested ./prohibition_order_paul_brayford.pdf:that he was seeking to investigate a suggestion that she had had sex with a member ./prohibition_order_paul_brayford.pdf-of teaching staff. We are not satisfied that this is a credible explanation as to why ./prohibition_order_paul_brayford.pdf-he sent text messages to the student and met with her outside of the School. ./prohibition_order_paul_brayford.pdf- ./prohibition_order_paul_brayford.pdf-Having carefully reviewed the content, context, volume and timings of the text ./prohibition_order_paul_brayford.pdf-messages we are clear that a number of Mr Brayford's text messages with Student A ./prohibition_order_paul_brayford.pdf-are communications which are intimate, emotional and highly personal. The words ./prohibition_order_paul_brayford.pdf-used in the texts reveal that Mr Brayford was emotionally engaged with Student A. ./prohibition_order_paul_brayford.pdf- -- ./prohibition_order_paul_brayford.pdf-to Mr Brayford's motivation towards Student A. We do not believe that, given the ./prohibition_order_paul_brayford.pdf-specific allegation, it is necessary for us to determine the level of weight to afford to ./prohibition_order_paul_brayford.pdf-the evidence of Student A where that evidence is in direct conflict with the evidence ./prohibition_order_paul_brayford.pdf-of Mr Brayford. ./prohibition_order_paul_brayford.pdf-During the police interviews, Mr Brayford accepts that he invited and allowed Student ./prohibition_order_paul_brayford.pdf-A to stay overnight at his house on 4 March 2011. He accepts that he bought a red ./prohibition_order_paul_brayford.pdf-satin / silk night garment for her to wear. It is accepted that she slept in his bed. It ./prohibition_order_paul_brayford.pdf-is accepted that Mr Brayford and Student A drank Rosé wine together that night. Mr ./prohibition_order_paul_brayford.pdf-Brayford states that he took all of these steps in order to support her after she had ./prohibition_order_paul_brayford.pdf-suggested that she was suicidal. ./prohibition_order_paul_brayford.pdf:We note that both Student A and Mr Brayford deny that they had sexual relations. ./prohibition_order_paul_brayford.pdf-As well as the events on 4 March 2011, we have carefully considered the text ./prohibition_order_paul_brayford.pdf-messages which Student A and Mr Brayford exchanged. A number of the text ./prohibition_order_paul_brayford.pdf-messages show personal intimacy. A number of the texts also use language which ./prohibition_order_paul_brayford.pdf:is sexually euphemistic and highly sexualised. We have carefully considered the ./prohibition_order_paul_brayford.pdf-context of Student A staying overnight at Mr Brayford's house on 4 March 2011 ./prohibition_order_paul_brayford.pdf-which is indicated through the text messages. ./prohibition_order_paul_brayford.pdf-We have considered a number of the text messages; a number of examples are ./prohibition_order_paul_brayford.pdf-below: ./prohibition_order_paul_brayford.pdf-31/12/10 - "hot whore"; 18/11/10 – "but I can't stay here....knowing that I want at ./prohibition_order_paul_brayford.pdf-least one night with you"; 21/11/10 – "is there not a part of you deep inside that ./prohibition_order_paul_brayford.pdf-wants me to take you and devour you and satisfy that want you have of me [sic]"; ./prohibition_order_paul_brayford.pdf-22/11/10 - "why wont you stay can you ever see yourself sleeping with me"; ./prohibition_order_paul_brayford.pdf-28/12/10: - "do you want it with me"; 29/12/10 - " imagine what it would be like if we ./prohibition_order_paul_brayford.pdf-were in that bed right now"; 29/12/10 (at 01.55) – "I had a quiet day till 01.41 am ./prohibition_order_paul_brayford.pdf-when this hot chick texted me and told me I was always on her mind" (followed at ./prohibition_order_paul_brayford.pdf-01.57) "until at 01.41 am when I was awoken with a boner sure"; 31/12/10 – " well ./prohibition_order_paul_brayford.pdf-as you are intoxicated you cannot fly the plane so I would have to sort out your ./prohibition_order_paul_brayford.pdf-joystick" [from Student A] and [to Student A] "might be a bumpy ride, Keeping hold of ./prohibition_order_paul_brayford.pdf-that joystick might get tricky" ./prohibition_order_paul_brayford.pdf-Whilst we have not heard evidence from Student A, we have heard Mr Brayford's ./prohibition_order_paul_brayford.pdf-explanation and evidence as he gave it in answer to questions from the police ./prohibition_order_paul_brayford.pdf:officers during interview. He has disputed that he acted with any sexual intent and ./prohibition_order_paul_brayford.pdf- -- ./prohibition_order_paul_brayford.pdf- ./prohibition_order_paul_brayford.pdf-consistently stated that his comments were generalised, were intended to support ./prohibition_order_paul_brayford.pdf-the student and were banterous. Having listened to his evidence carefully, we did ./prohibition_order_paul_brayford.pdf-not find his answers to a number of the questions to be reasonable, credible or ./prohibition_order_paul_brayford.pdf-convincing. Mr Brayford's answers to a number of questions – for example when ./prohibition_order_paul_brayford.pdf-answering as to what he had meant by "boner" and "sleeping together" Mr Brayford ./prohibition_order_paul_brayford.pdf-went onto describe that he had a foot disorder and insomnia - we found to be ./prohibition_order_paul_brayford.pdf-preposterous. ./prohibition_order_paul_brayford.pdf-On the basis of the content, context of a number of the text messages and his ./prohibition_order_paul_brayford.pdf-conduct leading up to and preparing for the night of 4 March 2011 we are satisfied ./prohibition_order_paul_brayford.pdf:that the evidence proves that he was motivated by a desire to have a sexual ./prohibition_order_paul_brayford.pdf-relationship with Student A. ./prohibition_order_paul_brayford.pdf-Accordingly we find this particular proven. ./prohibition_order_paul_brayford.pdf- ./prohibition_order_paul_brayford.pdf-Finding as to Unacceptable Professional Conduct and/or conduct bringing the ./prohibition_order_paul_brayford.pdf-profession into disrepute ./prohibition_order_paul_brayford.pdf- ./prohibition_order_paul_brayford.pdf-We have carefully considered whether the facts we have found proven amount to ./prohibition_order_paul_brayford.pdf-unacceptable professional conduct and is conduct which may bring the profession ./prohibition_order_paul_brayford.pdf-into disrepute. ./prohibition_order_paul_brayford.pdf- -- ./prohibition_order_paul_brayford.pdf-Mr Brayford failed to observe appropriate professional boundaries with Student A ./prohibition_order_paul_brayford.pdf-across a significant period of time. His behaviour also led to the student staying ./prohibition_order_paul_brayford.pdf-overnight at his house and drinking alcohol with him. Teachers are expected to have ./prohibition_order_paul_brayford.pdf-regard for the need to safeguard students' wellbeing and to treat students with ./prohibition_order_paul_brayford.pdf-dignity. In our decision Mr Brayford's conduct shows that he failed to uphold these ./prohibition_order_paul_brayford.pdf-responsibilities and failed to observe proper boundaries appropriate to a teacher's ./prohibition_order_paul_brayford.pdf-professional position. ./prohibition_order_paul_brayford.pdf- ./prohibition_order_paul_brayford.pdf-Mr Brayford's actions also show that he disregarded the School’s Guidance policy. ./prohibition_order_paul_brayford.pdf-He engaged in and sought to develop an inappropriate relationship with Student A. ./prohibition_order_paul_brayford.pdf:We have also found it proven that he intended to develop a sexual relationship with ./prohibition_order_paul_brayford.pdf-Student A. Such conduct was highly inappropriate and unprofessional. He failed to ./prohibition_order_paul_brayford.pdf-acknowledge and maintain appropriate and proper boundaries with students. In that ./prohibition_order_paul_brayford.pdf-regard, Mr Brayford behaved in a way which had the potential not only to damage his ./prohibition_order_paul_brayford.pdf-own reputation but also the reputation of the school as well as the profession as a ./prohibition_order_paul_brayford.pdf-whole. ./prohibition_order_paul_brayford.pdf- -- ./prohibition_order_paul_brayford.pdf- 9 ./prohibition_order_paul_brayford.pdf- ./prohibition_order_paul_brayford.pdf- ./prohibition_order_paul_brayford.pdf:was sexually motivated – our view is that his actions fundamentally depart from the ./prohibition_order_paul_brayford.pdf-standards of conduct which can appropriately be expected of the profession. ./prohibition_order_paul_brayford.pdf- ./prohibition_order_paul_brayford.pdf-We have considered whether to conclude this case without recommending the ./prohibition_order_paul_brayford.pdf-imposition of a sanction. We have decided that the issues raised in this case are so ./prohibition_order_paul_brayford.pdf-serious that it is necessary to recommend that a Prohibition Order is appropriate. ./prohibition_order_paul_brayford.pdf-We have reached this decision after careful consideration. We have reminded ./prohibition_order_paul_brayford.pdf-ourselves that a sanction is not intended to act punitively but is imposed to reflect the ./prohibition_order_paul_brayford.pdf-seriousness of behaviour, to uphold public confidence in the standards of conduct ./prohibition_order_paul_brayford.pdf-expected of the profession and to protect the public and/or pupils. A Prohibition ./prohibition_order_paul_brayford.pdf-Order is necessary and proportionate in this case in order to reflect the seriousness -- ./prohibition_order_paul_brayford.pdf-sanction. ./prohibition_order_paul_brayford.pdf- ./prohibition_order_paul_brayford.pdf-Mr Brayford has behaved in a way that shows a blatant disregard for the clear ./prohibition_order_paul_brayford.pdf-expectation that teachers must maintain appropriate professional boundaries. In ./prohibition_order_paul_brayford.pdf-addition he has engaged in a serious and sustained abuse of the position of trust in ./prohibition_order_paul_brayford.pdf-which he was placed. His behaviour showed no concern for safeguarding provisions ./prohibition_order_paul_brayford.pdf-and when interviewed by police, he failed to acknowledge the importance of ./prohibition_order_paul_brayford.pdf-maintaining appropriate professional boundaries. ./prohibition_order_paul_brayford.pdf- ./prohibition_order_paul_brayford.pdf-Mr Brayford engaged in an inappropriate relationship with a student and behaved in ./prohibition_order_paul_brayford.pdf:a manner towards Student A which was sexually motivated. Those actions are a ./prohibition_order_paul_brayford.pdf-fundamental departure from the standards of conduct which can be expected of the ./prohibition_order_paul_brayford.pdf-profession. ./prohibition_order_paul_brayford.pdf- ./prohibition_order_paul_brayford.pdf-I therefore support the recommendation that Mr Brayford is prohibited from teaching. ./prohibition_order_paul_brayford.pdf- ./prohibition_order_saghir_sakhi_ahmed.pdf-profession. ./prohibition_order_saghir_sakhi_ahmed.pdf- ./prohibition_order_saghir_sakhi_ahmed.pdf-In relation to allegation 3, Mr Ahmed admits that he falsified a pupil’s examination ./prohibition_order_saghir_sakhi_ahmed.pdf-coursework grade for which he received a first and final written warning from his ./prohibition_order_saghir_sakhi_ahmed.pdf-employer. We are satisfied that this was unacceptable professional conduct, having ./prohibition_order_saghir_sakhi_ahmed.pdf-regard to the deliberate nature of the attempt to deceive an external moderator. ./prohibition_order_saghir_sakhi_ahmed.pdf- ./prohibition_order_saghir_sakhi_ahmed.pdf-In relation to allegation 4, Mr Ahmed admits behaving inappropriately towards female ./prohibition_order_saghir_sakhi_ahmed.pdf-colleagues in 2002. We noted that this was dealt with by the school at a meeting on ./prohibition_order_saghir_sakhi_ahmed.pdf-18 December 2002, when Mr Ahmed apologised for his behaviour involving use of ./prohibition_order_saghir_sakhi_ahmed.pdf:sexual innuendo and stated he did not appreciate that he had caused offence. We ./prohibition_order_saghir_sakhi_ahmed.pdf-are satisfied that this was unacceptable professional conduct on the basis that it was ./prohibition_order_saghir_sakhi_ahmed.pdf-behaviour which undermined and caused offence to other members of staff. ./prohibition_order_saghir_sakhi_ahmed.pdf- ./prohibition_order_saghir_sakhi_ahmed.pdf-In relation to allegation 5, Mr Ahmed admits inappropriately restraining a pupil in ./prohibition_order_saghir_sakhi_ahmed.pdf-November 2003 which potentially jeopardised the health, safety and wellbeing of the ./prohibition_order_saghir_sakhi_ahmed.pdf-pupil. We are satisfied that this conduct was unacceptable professional conduct ./prohibition_order_saghir_sakhi_ahmed.pdf-having regard to the clear failure to comply with the school’s restraint policy. In ./prohibition_order_saghir_sakhi_ahmed.pdf-addition, when interviewed, Mr Ahmed said that he had not reported the incident as ./prohibition_order_saghir_sakhi_ahmed.pdf-required by the school policy as he was already subject to a final written warning. ./prohibition_order_saghir_sakhi_ahmed.pdf-This indicates an element of concealment on Mr Ahmed’s part. ./Prohibition_Order__Mr_Andrew_Little.pdf- a) engaged in a romantic relationship with Pupil A; ./Prohibition_Order__Mr_Andrew_Little.pdf- ./Prohibition_Order__Mr_Andrew_Little.pdf- b) went on holiday with Pupil A to Scotland whilst Pupil A was still a registered ./Prohibition_Order__Mr_Andrew_Little.pdf- pupil at Thomas Telford School; ./Prohibition_Order__Mr_Andrew_Little.pdf- ./Prohibition_Order__Mr_Andrew_Little.pdf- c) whilst in Scotland with Pupil A, shared a room with Pupil A; ./Prohibition_Order__Mr_Andrew_Little.pdf- ./Prohibition_Order__Mr_Andrew_Little.pdf- d) went on holiday with Pupil A to Egypt whilst Pupil A was still a registered pupil ./Prohibition_Order__Mr_Andrew_Little.pdf- at Thomas Telford School; and ./Prohibition_Order__Mr_Andrew_Little.pdf- ./Prohibition_Order__Mr_Andrew_Little.pdf: 2. His conduct at points 1(a) to 1(d) was sexually motivated. ./Prohibition_Order__Mr_Andrew_Little.pdf- ./Prohibition_Order__Mr_Andrew_Little.pdf-Mr Little in the course of giving evidence admits the facts referred to in allegations 1(b) to ./Prohibition_Order__Mr_Andrew_Little.pdf-(d) referred to above, however he does not admit this amounts to unacceptable ./Prohibition_Order__Mr_Andrew_Little.pdf-professional conduct and/or conduct that may bring the profession into disrepute. He ./Prohibition_Order__Mr_Andrew_Little.pdf-does not admit allegation 1(a) and 2. ./Prohibition_Order__Mr_Andrew_Little.pdf- ./Prohibition_Order__Mr_Andrew_Little.pdf- ./Prohibition_Order__Mr_Andrew_Little.pdf-C. Preliminary applications ./Prohibition_Order__Mr_Andrew_Little.pdf-The Panel considered an application from Mr Little’s representative that the hearing ./Prohibition_Order__Mr_Andrew_Little.pdf-should be adjourned or discontinued under paragraph 4.53 of the Teacher misconduct - -- ./Prohibition_Order__Mr_Andrew_Little.pdf-share a room with somebody unless they were having a relationship. Witness C said ./Prohibition_Order__Mr_Andrew_Little.pdf-that Mr Little did not deny having a relationship at this point. When the Panel asked why ./Prohibition_Order__Mr_Andrew_Little.pdf-he did not explicitly deny having a relationship with Pupil A during the meeting with ./Prohibition_Order__Mr_Andrew_Little.pdf-Witness C, Mr Little explained that the question had not been put to him explicitly by ./Prohibition_Order__Mr_Andrew_Little.pdf-Witness C. ./Prohibition_Order__Mr_Andrew_Little.pdf- ./Prohibition_Order__Mr_Andrew_Little.pdf-Mr Little confirmed in his evidence that he was aware that it was not appropriate to have ./Prohibition_Order__Mr_Andrew_Little.pdf-a relationship with a registered pupil of the School whilst they were at the School. ./Prohibition_Order__Mr_Andrew_Little.pdf-However, he did admit that he was unclear at which point a pupil in Year 13 would no ./Prohibition_Order__Mr_Andrew_Little.pdf-longer be registered as a pupil. He denied that he had engaged in a romantic ./Prohibition_Order__Mr_Andrew_Little.pdf:relationship with Pupil A prior to November 2012 or that his conduct was sexually ./Prohibition_Order__Mr_Andrew_Little.pdf-motivated. ./Prohibition_Order__Mr_Andrew_Little.pdf- ./Prohibition_Order__Mr_Andrew_Little.pdf-Findings of Fact ./Prohibition_Order__Mr_Andrew_Little.pdf-Our findings of fact are as follows: ./Prohibition_Order__Mr_Andrew_Little.pdf- ./Prohibition_Order__Mr_Andrew_Little.pdf-We have found the following particulars of the allegations against you proven, for these ./Prohibition_Order__Mr_Andrew_Little.pdf-reasons: ./Prohibition_Order__Mr_Andrew_Little.pdf- ./Prohibition_Order__Mr_Andrew_Little.pdf- ./Prohibition_Order__Mr_Andrew_Little.pdf- -- ./Prohibition_Order__Mr_Andrew_Little.pdf-1 Whilst employed at Thomas Telford School, in 2012 he did not ./Prohibition_Order__Mr_Andrew_Little.pdf-observe proper boundaries appropriate to a teacher’s professional ./Prohibition_Order__Mr_Andrew_Little.pdf-position, in that he: ./Prohibition_Order__Mr_Andrew_Little.pdf- ./Prohibition_Order__Mr_Andrew_Little.pdf- a. engaged in a romantic relationship with Pupil A ./Prohibition_Order__Mr_Andrew_Little.pdf-In considering this particular allegation, the Panel were mindful of Mr Little’s admission of ./Prohibition_Order__Mr_Andrew_Little.pdf-the facts relating to allegations 1(b) to 1(d). In her evidence before the Panel, Pupil B ./Prohibition_Order__Mr_Andrew_Little.pdf-confirmed that Pupil A had stated in her presence that Mr Little and Pupil A were in a ./Prohibition_Order__Mr_Andrew_Little.pdf:relationship, that they would meet up outside of School and that they had had sexual ./Prohibition_Order__Mr_Andrew_Little.pdf-relations. The Panel took note of Witness C’s evidence in which she confirmed that she ./Prohibition_Order__Mr_Andrew_Little.pdf-had said to Mr Little that he would not have shared a room with Pupil A in Scotland if he ./Prohibition_Order__Mr_Andrew_Little.pdf-had not been in a relationship with Pupil A. The Panel also took particular note of the ./Prohibition_Order__Mr_Andrew_Little.pdf-fact that Mr Little neither chose to challenge Witness C’s statement nor offered his ./Prohibition_Order__Mr_Andrew_Little.pdf-subsequent explanation that the room was shared. Mr Little also advised the Panel that ./Prohibition_Order__Mr_Andrew_Little.pdf-he did not see anything wrong in a close association with a pupil once they had left the ./Prohibition_Order__Mr_Andrew_Little.pdf-School. ./Prohibition_Order__Mr_Andrew_Little.pdf- ./Prohibition_Order__Mr_Andrew_Little.pdf-The evidence presented by Witness C and Pupil B conflicted with Mr Little’s account in ./Prohibition_Order__Mr_Andrew_Little.pdf-which he denies having a romantic relationship with Pupil A prior to November 2012. -- ./Prohibition_Order__Mr_Andrew_Little.pdf-same resort, having travelled on the same flight together and that they frequently saw ./Prohibition_Order__Mr_Andrew_Little.pdf-each other and went on a joint excursion. ./Prohibition_Order__Mr_Andrew_Little.pdf- ./Prohibition_Order__Mr_Andrew_Little.pdf-From Pupil A’s evidence and from what she told the Panel it was clear that her choice of ./Prohibition_Order__Mr_Andrew_Little.pdf-holiday destination was influenced by the fact that Mr Little would be at this resort. It was ./Prohibition_Order__Mr_Andrew_Little.pdf-also clear that Mr Little was aware of her intentions. The Panel do not find it credible that ./Prohibition_Order__Mr_Andrew_Little.pdf-Pupil A’s and Mr Little’s attendance at the same resort had not been pre-planned or co- ./Prohibition_Order__Mr_Andrew_Little.pdf-ordinated between them. The Panel therefore finds this allegation proven. ./Prohibition_Order__Mr_Andrew_Little.pdf- ./Prohibition_Order__Mr_Andrew_Little.pdf- ./Prohibition_Order__Mr_Andrew_Little.pdf:2. His conduct at points 1(a) to 1(d) was sexually motivated. ./Prohibition_Order__Mr_Andrew_Little.pdf-The Panel find that Mr Little’s conduct in relation to each allegation at 1(a) to 1(d) is ./Prohibition_Order__Mr_Andrew_Little.pdf:sexually motivated and the Panel’s reasoning is as follows: ./Prohibition_Order__Mr_Andrew_Little.pdf- ./Prohibition_Order__Mr_Andrew_Little.pdf-The Panel considered Pupil B’s evidence that Pupil A had said in Pupil B’s presence that ./Prohibition_Order__Mr_Andrew_Little.pdf:she (Pupil A) had had sexual relations with Mr Little. The allegation is denied by Pupil A. ./Prohibition_Order__Mr_Andrew_Little.pdf-Even though Mr Little has admitted sharing a room with Pupil A on the trip to Scotland, ./Prohibition_Order__Mr_Andrew_Little.pdf-both he and Pupil A have consistently confirmed both in their documentary and oral ./Prohibition_Order__Mr_Andrew_Little.pdf-evidence that Mr Little’s sister and cousin were present at the same time. The Panel ./Prohibition_Order__Mr_Andrew_Little.pdf-took into account Mr Little’s evidence that the sleeping arrangements were consistent ./Prohibition_Order__Mr_Andrew_Little.pdf-with a large family holiday as members of his family all shared rooms in his ./Prohibition_Order__Mr_Andrew_Little.pdf-grandmother’s house during this time. However, the Panel were mindful of the fact that ./Prohibition_Order__Mr_Andrew_Little.pdf-he had failed to provide this information to Witness C when he discussed this issue with ./Prohibition_Order__Mr_Andrew_Little.pdf- ./Prohibition_Order__Mr_Andrew_Little.pdf- ./Prohibition_Order__Mr_Andrew_Little.pdf- 10 -- ./Prohibition_Order__Mr_Andrew_Little.pdf-her on 16 August 2012. The Panel also found it surprising that given his earlier ./Prohibition_Order__Mr_Andrew_Little.pdf-expressed concern about the rumours, that Mr Little still chose to go on holiday and ./Prohibition_Order__Mr_Andrew_Little.pdf-share a room with Pupil A (albeit with others). ./Prohibition_Order__Mr_Andrew_Little.pdf- ./Prohibition_Order__Mr_Andrew_Little.pdf-On the balance of probability the Panel find evidence that Mr Little’s relationship with ./Prohibition_Order__Mr_Andrew_Little.pdf:Pupil A was sexually motivated. Therefore this allegation is found proven. ./Prohibition_Order__Mr_Andrew_Little.pdf- ./Prohibition_Order__Mr_Andrew_Little.pdf- ./Prohibition_Order__Mr_Andrew_Little.pdf- ./Prohibition_Order__Mr_Andrew_Little.pdf- ./Prohibition_Order__Mr_Andrew_Little.pdf-Findings as to Unacceptable Professional Conduct and/or ./Prohibition_Order__Mr_Andrew_Little.pdf-Conduct that may bring the profession into disrepute ./Prohibition_Order__Mr_Andrew_Little.pdf-In considering the allegations that the Panel has found proven, the Panel has had regard ./Prohibition_Order__Mr_Andrew_Little.pdf-to the definitions in The Teacher Misconduct – Prohibition of Teachers Advice, which we ./Prohibition_Order__Mr_Andrew_Little.pdf-refer to as the ‘Guidance’. ./Prohibition_Order__Mr_Andrew_Little.pdf- -- ./Prohibition_Order__Mr_Andrew_Little.pdf-pupil of the School, the Panel considered that it would have been reasonable for Mr Little ./Prohibition_Order__Mr_Andrew_Little.pdf-to conclude that it was inappropriate for him to share a room with a pupil that may have ./Prohibition_Order__Mr_Andrew_Little.pdf-only recently left the School at which he was teaching, and/or that he should have ./Prohibition_Order__Mr_Andrew_Little.pdf-notified his line manager of the fact that Pupil A was present in the same holiday ./Prohibition_Order__Mr_Andrew_Little.pdf:destination. This is particularly true given the allegations of a romantic or sexual ./Prohibition_Order__Mr_Andrew_Little.pdf-relationship raised previously by Witness C with Mr Little and his own expressed concern ./Prohibition_Order__Mr_Andrew_Little.pdf-for his career. The Panel found that on the allegations proven, Mr Little had a romantic ./Prohibition_Order__Mr_Andrew_Little.pdf-relationship with Pupil A whilst she was a registered pupil of the School and that his ./Prohibition_Order__Mr_Andrew_Little.pdf:conduct towards Pupil A was sexually motivated. ./Prohibition_Order__Mr_Andrew_Little.pdf- ./Prohibition_Order__Mr_Andrew_Little.pdf-The Panel notes that the allegations took place outside of the education setting. Mr ./Prohibition_Order__Mr_Andrew_Little.pdf-Little’s conduct relates to his holidays with Pupil A in both Scotland and Egypt and ./Prohibition_Order__Mr_Andrew_Little.pdf-sharing a room with her whilst in Scotland. The Panel notes the concern expressed by a ./Prohibition_Order__Mr_Andrew_Little.pdf-parent in the email to the School that this type of behaviour may lead to pupils being ./Prohibition_Order__Mr_Andrew_Little.pdf-exposed to a risk of harm in that they should be safe whilst at School in the presence of ./Prohibition_Order__Mr_Andrew_Little.pdf-teachers and not be viewed as potential partners. The Panel agree with these concerns ./Prohibition_Order__Mr_Andrew_Little.pdf-and were surprised about the School’s handling of this matter in failing to follow up all ./Prohibition_Order__Mr_Andrew_Little.pdf-initial concerns raised by Pupil A and B which were dismissed as a product of acrimony. ./Prohibition_Order__Mr_Andrew_Little.pdf-Further, a teacher’s report that she had witnessed Pupil A and Mr Little walking together -- ./Prohibition_Order__Mr_Andrew_Little.pdf-Scotland, there is a strong public interest consideration in respect of the protection of ./Prohibition_Order__Mr_Andrew_Little.pdf-pupils given the serious findings of an inappropriate romantic relationship with Pupil A. ./Prohibition_Order__Mr_Andrew_Little.pdf- ./Prohibition_Order__Mr_Andrew_Little.pdf-Similarly, the Panel considers that public confidence in the profession could be seriously ./Prohibition_Order__Mr_Andrew_Little.pdf-weakened if conduct such as that found against Mr Little were not treated with the utmost ./Prohibition_Order__Mr_Andrew_Little.pdf-seriousness when regulating the conduct of the profession. ./Prohibition_Order__Mr_Andrew_Little.pdf- ./Prohibition_Order__Mr_Andrew_Little.pdf-The Panel considered that a strong public interest consideration in declaring proper ./Prohibition_Order__Mr_Andrew_Little.pdf-standards of conduct in the profession was also present, as the conduct found against Mr ./Prohibition_Order__Mr_Andrew_Little.pdf-Little, namely that he entered a romantic relationship with a pupil and that his conduct ./Prohibition_Order__Mr_Andrew_Little.pdf:was sexually motivated, was outside that which could reasonably be tolerated. ./Prohibition_Order__Mr_Andrew_Little.pdf- ./Prohibition_Order__Mr_Andrew_Little.pdf-Notwithstanding the clear public interest considerations that were present, the Panel ./Prohibition_Order__Mr_Andrew_Little.pdf-considered carefully whether or not it would be proportionate to impose a Prohibition ./Prohibition_Order__Mr_Andrew_Little.pdf-Order taking into account the effect that this would have on Mr Little. In forming a ./Prohibition_Order__Mr_Andrew_Little.pdf-judgement in this respect, the Panel took particular account of the mitigation evidence ./Prohibition_Order__Mr_Andrew_Little.pdf-that was presented to it by Mr Little’s representative. Mr Little was a relatively newly ./Prohibition_Order__Mr_Andrew_Little.pdf- ./Prohibition_Order__Mr_Andrew_Little.pdf- ./Prohibition_Order__Mr_Andrew_Little.pdf- 13 ./Prohibition_Order__Mr_Andrew_Little.pdf- -- ./Prohibition_Order__Mr_Andrew_Little.pdf-behaviours of a teacher have been proven. In the list of such behaviours (which are ./Prohibition_Order__Mr_Andrew_Little.pdf-relevant to this matter) are: ./Prohibition_Order__Mr_Andrew_Little.pdf- ./Prohibition_Order__Mr_Andrew_Little.pdf-  serious departure from the personal and professional conduct elements of the ./Prohibition_Order__Mr_Andrew_Little.pdf- teachers’ standards ./Prohibition_Order__Mr_Andrew_Little.pdf-  misconduct seriously affecting the education and/or well-being of pupils, and ./Prohibition_Order__Mr_Andrew_Little.pdf- particularly where there is a continuing risk ./Prohibition_Order__Mr_Andrew_Little.pdf-  evidence of a deep-seated attitude that leads to harmful behaviour ./Prohibition_Order__Mr_Andrew_Little.pdf-  abuse of position or trust (particularly involving vulnerable pupils) or violation of the ./Prohibition_Order__Mr_Andrew_Little.pdf- rights of pupils ./Prohibition_Order__Mr_Andrew_Little.pdf:  sexual misconduct, e.g. involving actions that were sexually motivated or of a ./Prohibition_Order__Mr_Andrew_Little.pdf: sexual nature and/or that use or exploit the trust, knowledge or influence derived ./Prohibition_Order__Mr_Andrew_Little.pdf- from the individual’s professional position; ./Prohibition_Order__Mr_Andrew_Little.pdf-Even though there were behaviours that would point to a Prohibition Order being ./Prohibition_Order__Mr_Andrew_Little.pdf-appropriate, the Panel went on to consider whether or not there were sufficient mitigating ./Prohibition_Order__Mr_Andrew_Little.pdf-factors to mitigate against a Prohibition Order being an appropriate and proportionate ./Prohibition_Order__Mr_Andrew_Little.pdf-measure to impose, particularly taking into account the nature and severity of the ./Prohibition_Order__Mr_Andrew_Little.pdf-behaviour in this case. In light of the Panel’s findings, the Panel considered there was no ./Prohibition_Order__Mr_Andrew_Little.pdf-evidence to suggest that Mr Little was acting under duress. His actions were most ./Prohibition_Order__Mr_Andrew_Little.pdf-certainly deliberate as he chose to go on holiday to Scotland knowing Pupil A had ./Prohibition_Order__Mr_Andrew_Little.pdf-arranged to travel with his family, and he chose to go on holiday to Egypt when he knew ./Prohibition_Order__Mr_Andrew_Little.pdf-that Pupil A had also booked to travel there at the same time. He also chose to share a ./Prohibition_Order__Mr_Andrew_Little.pdf-room with Pupil A even though members of his family were present. The Panel found ./Prohibition_Order__Mr_Andrew_Little.pdf:that Mr Little’s actions were calculated and motivated by sexual intent. He had previously ./Prohibition_Order__Mr_Andrew_Little.pdf-been subject to disciplinary warnings regarding his conduct towards other young ./Prohibition_Order__Mr_Andrew_Little.pdf-members of staff and taken together, this is evidence of a serious lack of insight and poor ./Prohibition_Order__Mr_Andrew_Little.pdf-judgement in Mr Little’s conduct towards a Sixth Form Pupil. ./Prohibition_Order__Mr_Andrew_Little.pdf- ./Prohibition_Order__Mr_Andrew_Little.pdf- ./Prohibition_Order__Mr_Andrew_Little.pdf- ./Prohibition_Order__Mr_Andrew_Little.pdf- ./Prohibition_Order__Mr_Andrew_Little.pdf- 14 ./Prohibition_Order__Mr_Andrew_Little.pdf- -- ./Prohibition_Order__Mr_Andrew_Little.pdf- ./Prohibition_Order__Mr_Andrew_Little.pdf-The Panel went on to consider whether or not it would appropriate for them to decide to ./Prohibition_Order__Mr_Andrew_Little.pdf-recommend that a review period of the order should be considered. The Panel were ./Prohibition_Order__Mr_Andrew_Little.pdf-mindful that the Teacher Misconduct – Prohibition of Teachers Advice indicates that a ./Prohibition_Order__Mr_Andrew_Little.pdf-Prohibition Order applies for life, but there may be circumstances in any given case that ./Prohibition_Order__Mr_Andrew_Little.pdf-may make it appropriate to allow a teacher to apply to have the prohibition order ./Prohibition_Order__Mr_Andrew_Little.pdf-reviewed after a specified period of time that may not be less than two years. ./Prohibition_Order__Mr_Andrew_Little.pdf- ./Prohibition_Order__Mr_Andrew_Little.pdf-The Teacher Misconduct – Prohibition of Teachers Advice indicates that there are ./Prohibition_Order__Mr_Andrew_Little.pdf-behaviours that, if proven, would mitigate against a review period from being ./Prohibition_Order__Mr_Andrew_Little.pdf:recommended. One of these behaviours includes serious sexual misconduct, e.g. where ./Prohibition_Order__Mr_Andrew_Little.pdf:the act was sexually motivated and resulted in, or had the potential to result in, harm to a ./Prohibition_Order__Mr_Andrew_Little.pdf-person or persons, particularly where the individual has used their professional position ./Prohibition_Order__Mr_Andrew_Little.pdf-to influence or exploit a person or persons. The Panel has found that Mr Little has shown ./Prohibition_Order__Mr_Andrew_Little.pdf-some limited insight into his actions in that he accepts that he has contributed to this ./Prohibition_Order__Mr_Andrew_Little.pdf-situation by not preventing Pupil A from travelling with his family to Scotland with him. ./Prohibition_Order__Mr_Andrew_Little.pdf-Even if there had been no rumours of a relationship, this was not appropriate and it was ./Prohibition_Order__Mr_Andrew_Little.pdf-not acceptable that both he and Pupil A were present in Egypt at the same time. ./Prohibition_Order__Mr_Andrew_Little.pdf-However, the Panel found that on the whole he did not accept that overall his conduct ./Prohibition_Order__Mr_Andrew_Little.pdf-wrong. ./Prohibition_Order__Mr_Andrew_Little.pdf- ./Prohibition_Order__Mr_Andrew_Little.pdf:All sexual conduct between teachers and pupils is misconduct of a serious nature. Even ./Prohibition_Order__Mr_Andrew_Little.pdf:though the Panel considered Mr Little’s conduct was sexually motivated and he had ./Prohibition_Order__Mr_Andrew_Little.pdf-failed to either co-operate with senior colleagues, or appreciate the gravity of his ./Prohibition_Order__Mr_Andrew_Little.pdf-behaviour, or acknowledge that his behaviour was inappropriate and had breached the ./Prohibition_Order__Mr_Andrew_Little.pdf-standards expected of teachers, it did not consider that there was a sufficiently close ./Prohibition_Order__Mr_Andrew_Little.pdf:match between his conduct and the definition of “serious sexual misconduct” as set out in ./Prohibition_Order__Mr_Andrew_Little.pdf-the Guidance. The Panel did not find evidence that his conduct towards Pupil A was of a ./Prohibition_Order__Mr_Andrew_Little.pdf-pre-planned and/or predatory nature that would suggest that Mr Little had intended ./Prohibition_Order__Mr_Andrew_Little.pdf-to exploit Pupil A or cause her harm, even though harm was caused by his actions. ./Prohibition_Order__Mr_Andrew_Little.pdf- ./Prohibition_Order__Mr_Andrew_Little.pdf-The Panel therefore felt the findings indicated a situation in which a review period would ./Prohibition_Order__Mr_Andrew_Little.pdf-be appropriate and as such decided that it would be appropriate and proportionate in all ./Prohibition_Order__Mr_Andrew_Little.pdf-the circumstances, for the Prohibition Order to be recommended with provisions for a ./Prohibition_Order__Mr_Andrew_Little.pdf-review period of 5 years. This period would enable Mr Little to reflect on his actions and ./Prohibition_Order__Mr_Andrew_Little.pdf-judgements, in relation to what his representative described as a chastening experience. ./Prohibition_Order__Mr_Andrew_Little.pdf- -- ./Prohibition_Order__Mr_Andrew_Little.pdf-The panel have found a number of the public interest considerations to be relevant in this ./Prohibition_Order__Mr_Andrew_Little.pdf-case and have judged that Mr Little’s actions should be treated with the utmost ./Prohibition_Order__Mr_Andrew_Little.pdf-seriousness. They have given proper consideration to the interests of Mr Little and in ./Prohibition_Order__Mr_Andrew_Little.pdf-particular that a prohibition order should not be given simply in order to be punitive, ./Prohibition_Order__Mr_Andrew_Little.pdf-although it is likely to have a punitive effect. ./Prohibition_Order__Mr_Andrew_Little.pdf- ./Prohibition_Order__Mr_Andrew_Little.pdf-The panel have recommended that a prohibition order is an appropriate and ./Prohibition_Order__Mr_Andrew_Little.pdf-proportionate sanction and I agree with their recommendation. ./Prohibition_Order__Mr_Andrew_Little.pdf- ./Prohibition_Order__Mr_Andrew_Little.pdf-The panel have given proper consideration to the issue of a review period. The panel ./Prohibition_Order__Mr_Andrew_Little.pdf:have judged that Mr Little’s behaviour amounts to sexual misconduct rather than serious ./Prohibition_Order__Mr_Andrew_Little.pdf:sexual misconduct. He has shown some limited insight and provided a positive ./Prohibition_Order__Mr_Andrew_Little.pdf-testimonial as to his teaching ability. Mr Little was a relatively newly qualified teacher at ./Prohibition_Order__Mr_Andrew_Little.pdf-the time of the events and the panel have recommended that Mr Little be given time to ./Prohibition_Order__Mr_Andrew_Little.pdf-reflect on his actions and judgements. In the circumstances I agree that Mr Little should ./Prohibition_Order__Mr_Andrew_Little.pdf-be allowed to apply to have the order set aside after a minimum period of 5 years has ./Prohibition_Order__Mr_Andrew_Little.pdf-elapsed. ./Prohibition_Order__Mr_Andrew_Little.pdf- ./Prohibition_Order__Mr_Andrew_Little.pdf-This means that Mr Andrew Little is prohibited from teaching indefinitely and cannot ./Prohibition_Order__Mr_Andrew_Little.pdf-teach in any school, sixth form college, relevant youth accommodation or children’s home ./Prohibition_Order__Mr_Andrew_Little.pdf-in England. He may apply for the Prohibition Order to be set aside, but not until 8 May ./Prohibition_Order__Mr_Andrew_Little.pdf-2019, 5 years from the date of this order at the earliest. If he does apply, a panel will ./Prouse_Andrew_-_9556735_-_Web_Decision_-__redacted_6_February_2015.pdf-Administrator for the Z Youth Orchestra (“ZYO”) and/ or as a Music Group Tutor: ./Prouse_Andrew_-_9556735_-_Web_Decision_-__redacted_6_February_2015.pdf- ./Prouse_Andrew_-_9556735_-_Web_Decision_-__redacted_6_February_2015.pdf- 1. Between July 2003 and August 2011, in relation to Miss A you: ./Prouse_Andrew_-_9556735_-_Web_Decision_-__redacted_6_February_2015.pdf- ./Prouse_Andrew_-_9556735_-_Web_Decision_-__redacted_6_February_2015.pdf- a. Failed to maintain appropriate boundaries, ./Prouse_Andrew_-_9556735_-_Web_Decision_-__redacted_6_February_2015.pdf- ./Prouse_Andrew_-_9556735_-_Web_Decision_-__redacted_6_February_2015.pdf- b. Engaged in an inappropriate relationship, ./Prouse_Andrew_-_9556735_-_Web_Decision_-__redacted_6_February_2015.pdf- ./Prouse_Andrew_-_9556735_-_Web_Decision_-__redacted_6_February_2015.pdf- c. Kissed her on one or more occasions, ./Prouse_Andrew_-_9556735_-_Web_Decision_-__redacted_6_February_2015.pdf- ./Prouse_Andrew_-_9556735_-_Web_Decision_-__redacted_6_February_2015.pdf: d. Engaged in sexual activity on one or more occasions, ./Prouse_Andrew_-_9556735_-_Web_Decision_-__redacted_6_February_2015.pdf- ./Prouse_Andrew_-_9556735_-_Web_Decision_-__redacted_6_February_2015.pdf: e. Had sexual intercourse with her on one or more occasions; ./Prouse_Andrew_-_9556735_-_Web_Decision_-__redacted_6_February_2015.pdf- ./Prouse_Andrew_-_9556735_-_Web_Decision_-__redacted_6_February_2015.pdf- 2. On or around 9 October 2013, you send Miss A an inappropriate text message; ./Prouse_Andrew_-_9556735_-_Web_Decision_-__redacted_6_February_2015.pdf- ./Prouse_Andrew_-_9556735_-_Web_Decision_-__redacted_6_February_2015.pdf- 3. Between March 2006 and July 2012, in relation to Miss B you: ./Prouse_Andrew_-_9556735_-_Web_Decision_-__redacted_6_February_2015.pdf- ./Prouse_Andrew_-_9556735_-_Web_Decision_-__redacted_6_February_2015.pdf- a. Failed to maintain appropriate boundaries, ./Prouse_Andrew_-_9556735_-_Web_Decision_-__redacted_6_February_2015.pdf- ./Prouse_Andrew_-_9556735_-_Web_Decision_-__redacted_6_February_2015.pdf- b. Engaged in an inappropriate relationship, ./Prouse_Andrew_-_9556735_-_Web_Decision_-__redacted_6_February_2015.pdf- ./Prouse_Andrew_-_9556735_-_Web_Decision_-__redacted_6_February_2015.pdf- c. Kissed her on one or more occasions, ./Prouse_Andrew_-_9556735_-_Web_Decision_-__redacted_6_February_2015.pdf- ./Prouse_Andrew_-_9556735_-_Web_Decision_-__redacted_6_February_2015.pdf- d. Cuddled and/or hugged her on one or more occasions, ./Prouse_Andrew_-_9556735_-_Web_Decision_-__redacted_6_February_2015.pdf- ./Prouse_Andrew_-_9556735_-_Web_Decision_-__redacted_6_February_2015.pdf: e. Had sexual intercourse with her on one or more occasions, ./Prouse_Andrew_-_9556735_-_Web_Decision_-__redacted_6_February_2015.pdf- ./Prouse_Andrew_-_9556735_-_Web_Decision_-__redacted_6_February_2015.pdf- f. Whilst on a music tour in [redacted] with the ZYO: ./Prouse_Andrew_-_9556735_-_Web_Decision_-__redacted_6_February_2015.pdf- ./Prouse_Andrew_-_9556735_-_Web_Decision_-__redacted_6_February_2015.pdf- i. Allowed her to enter your bedroom on one or more occasions, ./Prouse_Andrew_-_9556735_-_Web_Decision_-__redacted_6_February_2015.pdf- ./Prouse_Andrew_-_9556735_-_Web_Decision_-__redacted_6_February_2015.pdf- ii. Allowed her to spend the night with you in your bedroom on one or ./Prouse_Andrew_-_9556735_-_Web_Decision_-__redacted_6_February_2015.pdf- more occasions, ./Prouse_Andrew_-_9556735_-_Web_Decision_-__redacted_6_February_2015.pdf- ./Prouse_Andrew_-_9556735_-_Web_Decision_-__redacted_6_February_2015.pdf: iii. Had sexual intercourse with her on one or more occasions; ./Prouse_Andrew_-_9556735_-_Web_Decision_-__redacted_6_February_2015.pdf- ./Prouse_Andrew_-_9556735_-_Web_Decision_-__redacted_6_February_2015.pdf- 4. Your behaviour as set out at 1a, 1b, 1c, 1d, 1e, 3a, 3b, 3c, 3d, 3e and 3f above ./Prouse_Andrew_-_9556735_-_Web_Decision_-__redacted_6_February_2015.pdf- was an abuse of your position of trust; ./Prouse_Andrew_-_9556735_-_Web_Decision_-__redacted_6_February_2015.pdf- ./Prouse_Andrew_-_9556735_-_Web_Decision_-__redacted_6_February_2015.pdf- ./Prouse_Andrew_-_9556735_-_Web_Decision_-__redacted_6_February_2015.pdf- ./Prouse_Andrew_-_9556735_-_Web_Decision_-__redacted_6_February_2015.pdf- ./Prouse_Andrew_-_9556735_-_Web_Decision_-__redacted_6_February_2015.pdf- 4 ./Prouse_Andrew_-_9556735_-_Web_Decision_-__redacted_6_February_2015.pdf- -- ./Prouse_Andrew_-_9556735_-_Web_Decision_-__redacted_6_February_2015.pdf: 5. Your behaviours as set out at 1c, 1d, 3c, 3d, 3e and 3f above was sexually ./Prouse_Andrew_-_9556735_-_Web_Decision_-__redacted_6_February_2015.pdf- motivated. ./Prouse_Andrew_-_9556735_-_Web_Decision_-__redacted_6_February_2015.pdf- ./Prouse_Andrew_-_9556735_-_Web_Decision_-__redacted_6_February_2015.pdf- 2. Mr Prouse denied both the facts of the allegation and denied being guilty of ./Prouse_Andrew_-_9556735_-_Web_Decision_-__redacted_6_February_2015.pdf- unacceptable professional conduct and/ or conduct that may bring the profession ./Prouse_Andrew_-_9556735_-_Web_Decision_-__redacted_6_February_2015.pdf- into disrepute. ./Prouse_Andrew_-_9556735_-_Web_Decision_-__redacted_6_February_2015.pdf- ./Prouse_Andrew_-_9556735_-_Web_Decision_-__redacted_6_February_2015.pdf- ./Prouse_Andrew_-_9556735_-_Web_Decision_-__redacted_6_February_2015.pdf-C. Preliminary applications ./Prouse_Andrew_-_9556735_-_Web_Decision_-__redacted_6_February_2015.pdf-The Panel considered whether this hearing should continue in the absence of the ./Prouse_Andrew_-_9556735_-_Web_Decision_-__redacted_6_February_2015.pdf-teacher. -- ./Prouse_Andrew_-_9556735_-_Web_Decision_-__redacted_6_February_2015.pdf-understanding of the setting at which the Orchestra was held. It was unnecessary for the ./Prouse_Andrew_-_9556735_-_Web_Decision_-__redacted_6_February_2015.pdf-Panel to reach a conclusion on this, as the Panel were already content that Mr Prouse ./Prouse_Andrew_-_9556735_-_Web_Decision_-__redacted_6_February_2015.pdf-was subject to the jurisdiction of the National College. The Panel were content to ./Prouse_Andrew_-_9556735_-_Web_Decision_-__redacted_6_February_2015.pdf-consider the allegations relating to the time he worked at ZYO as the Panel are able to ./Prouse_Andrew_-_9556735_-_Web_Decision_-__redacted_6_February_2015.pdf-consider allegations of misconduct and of bringing the profession into disrepute, ./Prouse_Andrew_-_9556735_-_Web_Decision_-__redacted_6_February_2015.pdf-regardless of whether such allegations took place in a school setting. ./Prouse_Andrew_-_9556735_-_Web_Decision_-__redacted_6_February_2015.pdf- ./Prouse_Andrew_-_9556735_-_Web_Decision_-__redacted_6_February_2015.pdf-The Panel also considered an application by the Presenting Officer to amend allegation 2 ./Prouse_Andrew_-_9556735_-_Web_Decision_-__redacted_6_February_2015.pdf-to correct a typographical error in that “send” should read “sent”. She also requested ./Prouse_Andrew_-_9556735_-_Web_Decision_-__redacted_6_February_2015.pdf-that allegation 5 be amended to include paragraph 1e amongst the paragraphs that were ./Prouse_Andrew_-_9556735_-_Web_Decision_-__redacted_6_February_2015.pdf:alleged to have been sexually motivated. She explained that this was an omission and ./Prouse_Andrew_-_9556735_-_Web_Decision_-__redacted_6_February_2015.pdf-that it would make no difference to Mr Prouse’s understanding of the allegations since 1e ./Prouse_Andrew_-_9556735_-_Web_Decision_-__redacted_6_February_2015.pdf:contained an allegation of sexual intercourse having taken place and sexual motivation ./Prouse_Andrew_-_9556735_-_Web_Decision_-__redacted_6_February_2015.pdf-was inherent in such actions. The Panel acceded to both applications having been ./Prouse_Andrew_-_9556735_-_Web_Decision_-__redacted_6_February_2015.pdf-satisfied that neither amendment made any change to the nature of the allegations or ./Prouse_Andrew_-_9556735_-_Web_Decision_-__redacted_6_February_2015.pdf-made them more serious than before. The Panel was satisfied that neither amendment ./Prouse_Andrew_-_9556735_-_Web_Decision_-__redacted_6_February_2015.pdf-would cause any unfairness or prejudice to Mr Prouse. ./Prouse_Andrew_-_9556735_-_Web_Decision_-__redacted_6_February_2015.pdf- ./Prouse_Andrew_-_9556735_-_Web_Decision_-__redacted_6_February_2015.pdf- ./Prouse_Andrew_-_9556735_-_Web_Decision_-__redacted_6_February_2015.pdf-D. Summary of evidence ./Prouse_Andrew_-_9556735_-_Web_Decision_-__redacted_6_February_2015.pdf- ./Prouse_Andrew_-_9556735_-_Web_Decision_-__redacted_6_February_2015.pdf-Documents ./Prouse_Andrew_-_9556735_-_Web_Decision_-__redacted_6_February_2015.pdf-In advance of the hearing, the Panel received a bundle of documents which included: -- ./Prouse_Andrew_-_9556735_-_Web_Decision_-__redacted_6_February_2015.pdf-police. When both Miss A and Miss B gave oral evidence, the Panel found their ./Prouse_Andrew_-_9556735_-_Web_Decision_-__redacted_6_February_2015.pdf-responses to questioning to be open and honest, and the Panel therefore had no reason ./Prouse_Andrew_-_9556735_-_Web_Decision_-__redacted_6_February_2015.pdf-to disbelieve their account that there had been no collusion or contamination of evidence. ./Prouse_Andrew_-_9556735_-_Web_Decision_-__redacted_6_February_2015.pdf- ./Prouse_Andrew_-_9556735_-_Web_Decision_-__redacted_6_February_2015.pdf-The Panel also considered the Conductor and Director of ZYO to be an honest witness. ./Prouse_Andrew_-_9556735_-_Web_Decision_-__redacted_6_February_2015.pdf-In giving evidence regarding his observations about the interaction between Miss B and ./Prouse_Andrew_-_9556735_-_Web_Decision_-__redacted_6_February_2015.pdf-Mr Prouse during the tour to [redacted], he could have opened himself to criticism ./Prouse_Andrew_-_9556735_-_Web_Decision_-__redacted_6_February_2015.pdf-regarding the lack of immediate action taken. Nevertheless, he was prepared to provide ./Prouse_Andrew_-_9556735_-_Web_Decision_-__redacted_6_February_2015.pdf-the evidence and the Panel believed he did so honestly. This witness provides some ./Prouse_Andrew_-_9556735_-_Web_Decision_-__redacted_6_February_2015.pdf-independent corroboration for the physical relationship described by Miss B, albeit that ./Prouse_Andrew_-_9556735_-_Web_Decision_-__redacted_6_February_2015.pdf:he did not witness any sexual contact. Nevertheless, the Panel considered his account ./Prouse_Andrew_-_9556735_-_Web_Decision_-__redacted_6_February_2015.pdf-was consistent with Miss B’s account, and weighed in favour of Miss B having provided a ./Prouse_Andrew_-_9556735_-_Web_Decision_-__redacted_6_February_2015.pdf-credible account. ./Prouse_Andrew_-_9556735_-_Web_Decision_-__redacted_6_February_2015.pdf- ./Prouse_Andrew_-_9556735_-_Web_Decision_-__redacted_6_February_2015.pdf-In contrast, the Panel did not consider Mr Prouse’s account provided in his ./Prouse_Andrew_-_9556735_-_Web_Decision_-__redacted_6_February_2015.pdf-representations to have been a credible one. During Mr Prouse’s interview as part of the ./Prouse_Andrew_-_9556735_-_Web_Decision_-__redacted_6_February_2015.pdf-investigation conducted on behalf of X County Council (the “XCC Investigation”), Mr ./Prouse_Andrew_-_9556735_-_Web_Decision_-__redacted_6_February_2015.pdf:Prouse accepted having had a sexual relationship with Miss A and Miss B. The Panel ./Prouse_Andrew_-_9556735_-_Web_Decision_-__redacted_6_February_2015.pdf-heard evidence from the Investigator that Mr Prouse had been asked if he disagreed with ./Prouse_Andrew_-_9556735_-_Web_Decision_-__redacted_6_February_2015.pdf-any of the minutes taken of that interview and no response was received. In Mr Prouse’s ./Prouse_Andrew_-_9556735_-_Web_Decision_-__redacted_6_February_2015.pdf-representations for this hearing, Mr Prouse has avoided answering directly whether any ./Prouse_Andrew_-_9556735_-_Web_Decision_-__redacted_6_February_2015.pdf:such sexual relationship took place. In his representations, he attacked the credibility of ./Prouse_Andrew_-_9556735_-_Web_Decision_-__redacted_6_February_2015.pdf-Miss A, Miss B and the Conductor and Director of ZYO. He does not appear to have ./Prouse_Andrew_-_9556735_-_Web_Decision_-__redacted_6_February_2015.pdf-grasped the position of responsibility he held in respect of Miss A and Miss B, and he ./Prouse_Andrew_-_9556735_-_Web_Decision_-__redacted_6_February_2015.pdf-appeared to the Panel to have been attempting to side-step his responsibilities. The ./Prouse_Andrew_-_9556735_-_Web_Decision_-__redacted_6_February_2015.pdf-Panel noted that Miss A, Miss B and the Conductor and Director of ZYO all appeared ./Prouse_Andrew_-_9556735_-_Web_Decision_-__redacted_6_February_2015.pdf-genuinely shocked when asked to read his representations and were vehement in their ./Prouse_Andrew_-_9556735_-_Web_Decision_-__redacted_6_February_2015.pdf-objections. Those reactions supported a view that Mr Prouse’s account of events was not ./Prouse_Andrew_-_9556735_-_Web_Decision_-__redacted_6_February_2015.pdf-a credible one. ./Prouse_Andrew_-_9556735_-_Web_Decision_-__redacted_6_February_2015.pdf- ./Prouse_Andrew_-_9556735_-_Web_Decision_-__redacted_6_February_2015.pdf-We have found the following particulars of the allegations against you proven, for these ./Prouse_Andrew_-_9556735_-_Web_Decision_-__redacted_6_February_2015.pdf-reasons: -- ./Prouse_Andrew_-_9556735_-_Web_Decision_-__redacted_6_February_2015.pdf-was expected. She stated that every time they met subsequently, there was more ./Prouse_Andrew_-_9556735_-_Web_Decision_-__redacted_6_February_2015.pdf-kissing. ./Prouse_Andrew_-_9556735_-_Web_Decision_-__redacted_6_February_2015.pdf- ./Prouse_Andrew_-_9556735_-_Web_Decision_-__redacted_6_February_2015.pdf-The Panel considered Miss A’s evidence to be credible and found this allegation proven. ./Prouse_Andrew_-_9556735_-_Web_Decision_-__redacted_6_February_2015.pdf- ./Prouse_Andrew_-_9556735_-_Web_Decision_-__redacted_6_February_2015.pdf- ./Prouse_Andrew_-_9556735_-_Web_Decision_-__redacted_6_February_2015.pdf-1d Between July 2003 and August 2011, in relation to Miss A you ./Prouse_Andrew_-_9556735_-_Web_Decision_-__redacted_6_February_2015.pdf:engaged in sexual activity on one or more occasions, ./Prouse_Andrew_-_9556735_-_Web_Decision_-__redacted_6_February_2015.pdf-Following the kiss, Miss A described in her video evidence, their physical relationship ./Prouse_Andrew_-_9556735_-_Web_Decision_-__redacted_6_February_2015.pdf-developing and that Mr Prouse would say that “this is the natural progression”. She ./Prouse_Andrew_-_9556735_-_Web_Decision_-__redacted_6_February_2015.pdf:described over a period of months and months learning how to carry out sexual acts, and ./Prouse_Andrew_-_9556735_-_Web_Decision_-__redacted_6_February_2015.pdf-that every opportunity had been taken to engage in such activity. ./Prouse_Andrew_-_9556735_-_Web_Decision_-__redacted_6_February_2015.pdf- ./Prouse_Andrew_-_9556735_-_Web_Decision_-__redacted_6_February_2015.pdf-The Panel considered Miss A’s evidence to be credible and found this allegation proven. ./Prouse_Andrew_-_9556735_-_Web_Decision_-__redacted_6_February_2015.pdf- ./Prouse_Andrew_-_9556735_-_Web_Decision_-__redacted_6_February_2015.pdf- ./Prouse_Andrew_-_9556735_-_Web_Decision_-__redacted_6_February_2015.pdf-1e Between July 2003 and August 2011, in relation to Miss A you had ./Prouse_Andrew_-_9556735_-_Web_Decision_-__redacted_6_February_2015.pdf:sexual intercourse with her on one or more occasions; ./Prouse_Andrew_-_9556735_-_Web_Decision_-__redacted_6_February_2015.pdf:In her video evidence, Miss A described the first occasion they had sexual intercourse ./Prouse_Andrew_-_9556735_-_Web_Decision_-__redacted_6_February_2015.pdf-when he had booked a hotel room for them to stay in following a concert, in around ./Prouse_Andrew_-_9556735_-_Web_Decision_-__redacted_6_February_2015.pdf-February 2008. She described having not felt physically or emotionally ready, but that ./Prouse_Andrew_-_9556735_-_Web_Decision_-__redacted_6_February_2015.pdf-the following morning they had intercourse in the hotel room. She described their ./Prouse_Andrew_-_9556735_-_Web_Decision_-__redacted_6_February_2015.pdf:continuing sexual relationship in detail, including having had intercourse at her house, ./Prouse_Andrew_-_9556735_-_Web_Decision_-__redacted_6_February_2015.pdf-when he usually arrived in his police uniform, and one occasion having parked his police ./Prouse_Andrew_-_9556735_-_Web_Decision_-__redacted_6_February_2015.pdf:car on her driveway. She described this sexual relationship continued when she went to ./Prouse_Andrew_-_9556735_-_Web_Decision_-__redacted_6_February_2015.pdf-University and that when she returned home [redacted] they would meet up. ./Prouse_Andrew_-_9556735_-_Web_Decision_-__redacted_6_February_2015.pdf- ./Prouse_Andrew_-_9556735_-_Web_Decision_-__redacted_6_February_2015.pdf-The Director and Conductor of ZYO provided a written statement that in September ./Prouse_Andrew_-_9556735_-_Web_Decision_-__redacted_6_February_2015.pdf-2013, he had had some telephone calls with Mr Prouse in which Mr Prouse said that he ./Prouse_Andrew_-_9556735_-_Web_Decision_-__redacted_6_February_2015.pdf-had had proper relationships with Miss A and Miss B. The Director and Conductor of ./Prouse_Andrew_-_9556735_-_Web_Decision_-__redacted_6_February_2015.pdf:ZYO confirmed he understood that to mean sexual relationships. The Director and ./Prouse_Andrew_-_9556735_-_Web_Decision_-__redacted_6_February_2015.pdf-Conductor of ZYO then stated that he had met with Mr Prouse in September 2013, when ./Prouse_Andrew_-_9556735_-_Web_Decision_-__redacted_6_February_2015.pdf-Mr Prouse had again admitted the relationship with Miss A and Miss B. During an ./Prouse_Andrew_-_9556735_-_Web_Decision_-__redacted_6_February_2015.pdf-interview conducted with Mr Prouse as part of the Council investigation, Mr Prouse ./Prouse_Andrew_-_9556735_-_Web_Decision_-__redacted_6_February_2015.pdf:confirmed he had had a sexual relationship with Miss A and Miss B. The Investigator ./Prouse_Andrew_-_9556735_-_Web_Decision_-__redacted_6_February_2015.pdf-confirmed in oral evidence that Mr Prouse was given the opportunity to make ./Prouse_Andrew_-_9556735_-_Web_Decision_-__redacted_6_February_2015.pdf-amendments to the minutes of the interview, but did not reply. ./Prouse_Andrew_-_9556735_-_Web_Decision_-__redacted_6_February_2015.pdf- ./Prouse_Andrew_-_9556735_-_Web_Decision_-__redacted_6_February_2015.pdf-The Panel considered Miss A’s evidence to be credible, and that Mr Prouse’s earlier ./Prouse_Andrew_-_9556735_-_Web_Decision_-__redacted_6_February_2015.pdf:admission of the sexual relationship weighed in favour of this allegation being found ./Prouse_Andrew_-_9556735_-_Web_Decision_-__redacted_6_February_2015.pdf-proven. ./Prouse_Andrew_-_9556735_-_Web_Decision_-__redacted_6_February_2015.pdf- ./Prouse_Andrew_-_9556735_-_Web_Decision_-__redacted_6_February_2015.pdf- ./Prouse_Andrew_-_9556735_-_Web_Decision_-__redacted_6_February_2015.pdf- ./Prouse_Andrew_-_9556735_-_Web_Decision_-__redacted_6_February_2015.pdf- ./Prouse_Andrew_-_9556735_-_Web_Decision_-__redacted_6_February_2015.pdf- 16 ./Prouse_Andrew_-_9556735_-_Web_Decision_-__redacted_6_February_2015.pdf- -- ./Prouse_Andrew_-_9556735_-_Web_Decision_-__redacted_6_February_2015.pdf-She stated that they continued to meet outside of ZYO, at AM, [redacted] Music Centre, ./Prouse_Andrew_-_9556735_-_Web_Decision_-__redacted_6_February_2015.pdf-in his car down country lanes, that they went for meals and walks on the Malverns. She ./Prouse_Andrew_-_9556735_-_Web_Decision_-__redacted_6_February_2015.pdf-stated that one day, he picked her up from school so that they could go for a walk. She ./Prouse_Andrew_-_9556735_-_Web_Decision_-__redacted_6_February_2015.pdf-stated that during ZYO concerts, he would always find a way for them to be together. ./Prouse_Andrew_-_9556735_-_Web_Decision_-__redacted_6_February_2015.pdf- ./Prouse_Andrew_-_9556735_-_Web_Decision_-__redacted_6_February_2015.pdf-The Director and Conductor of ZYO stated in oral evidence that he had observed a ./Prouse_Andrew_-_9556735_-_Web_Decision_-__redacted_6_February_2015.pdf-number of occasions prior to the tour to [redacted] when he had seen Miss B getting in a ./Prouse_Andrew_-_9556735_-_Web_Decision_-__redacted_6_February_2015.pdf-car together with Mr Prouse, arriving at a rehearsal with Miss B and leaving with Miss B. ./Prouse_Andrew_-_9556735_-_Web_Decision_-__redacted_6_February_2015.pdf-He considered this strange, and that he felt uncomfortable with the situation. ./Prouse_Andrew_-_9556735_-_Web_Decision_-__redacted_6_February_2015.pdf- ./Prouse_Andrew_-_9556735_-_Web_Decision_-__redacted_6_February_2015.pdf:Miss B stated that the relationship developed into a sexual relationship, and that he had ./Prouse_Andrew_-_9556735_-_Web_Decision_-__redacted_6_February_2015.pdf-told her “If you tell people now I could lose my job. No-one would believe you anyway”. ./Prouse_Andrew_-_9556735_-_Web_Decision_-__redacted_6_February_2015.pdf- ./Prouse_Andrew_-_9556735_-_Web_Decision_-__redacted_6_February_2015.pdf-She stated that the relationship continued when she went to University. She referred to ./Prouse_Andrew_-_9556735_-_Web_Decision_-__redacted_6_February_2015.pdf-him having blocked her on Facebook as he didn’t like seeing her dressed up and having ./Prouse_Andrew_-_9556735_-_Web_Decision_-__redacted_6_February_2015.pdf-fun with her friends. She stated that she was always ringing him and that they spoke for ./Prouse_Andrew_-_9556735_-_Web_Decision_-__redacted_6_February_2015.pdf-an hour every day, with her racking up a £120 phone bill, as she felt she had to tell him ./Prouse_Andrew_-_9556735_-_Web_Decision_-__redacted_6_February_2015.pdf-everything she was doing. The Panel has seen some of the emails and Facebook ./Prouse_Andrew_-_9556735_-_Web_Decision_-__redacted_6_February_2015.pdf-messages exchanged between Mr Prouse and Miss B, and notes, that they refer to ./Prouse_Andrew_-_9556735_-_Web_Decision_-__redacted_6_February_2015.pdf-phrases such as “I love you”, which is evidence that a relationship was taking place. ./Prouse_Andrew_-_9556735_-_Web_Decision_-__redacted_6_February_2015.pdf- -- ./Prouse_Andrew_-_9556735_-_Web_Decision_-__redacted_6_February_2015.pdf- ./Prouse_Andrew_-_9556735_-_Web_Decision_-__redacted_6_February_2015.pdf-Miss B, then stated that in December 2012, she began to believe Mr Prouse had been ./Prouse_Andrew_-_9556735_-_Web_Decision_-__redacted_6_February_2015.pdf-seeing Miss A at the same time as seeing Miss B, so she stopped the relationship. She ./Prouse_Andrew_-_9556735_-_Web_Decision_-__redacted_6_February_2015.pdf-states that later, she met him for coffee and they kissed. She described further ./Prouse_Andrew_-_9556735_-_Web_Decision_-__redacted_6_February_2015.pdf-occasions when they met again. The relationship came to an end and she decided to tell ./Prouse_Andrew_-_9556735_-_Web_Decision_-__redacted_6_February_2015.pdf-the Director and Conductor of ZYO about what had happened. ./Prouse_Andrew_-_9556735_-_Web_Decision_-__redacted_6_February_2015.pdf- ./Prouse_Andrew_-_9556735_-_Web_Decision_-__redacted_6_February_2015.pdf-The Panel considered that the account Miss B gave to the police was credible. ./Prouse_Andrew_-_9556735_-_Web_Decision_-__redacted_6_February_2015.pdf- ./Prouse_Andrew_-_9556735_-_Web_Decision_-__redacted_6_February_2015.pdf-The Panel noted that Miss B was quite clear in her oral evidence that she would never ./Prouse_Andrew_-_9556735_-_Web_Decision_-__redacted_6_February_2015.pdf:have had a sexual relationship with Mr Prouse had she not known him for so many years. ./Prouse_Andrew_-_9556735_-_Web_Decision_-__redacted_6_February_2015.pdf-She stated that she wouldn’t otherwise have been attracted to him but for the trust she ./Prouse_Andrew_-_9556735_-_Web_Decision_-__redacted_6_February_2015.pdf- ./Prouse_Andrew_-_9556735_-_Web_Decision_-__redacted_6_February_2015.pdf- ./Prouse_Andrew_-_9556735_-_Web_Decision_-__redacted_6_February_2015.pdf- 19 ./Prouse_Andrew_-_9556735_-_Web_Decision_-__redacted_6_February_2015.pdf- -- ./Prouse_Andrew_-_9556735_-_Web_Decision_-__redacted_6_February_2015.pdf-cuddled and/ or hugged her on one or more occasions, ./Prouse_Andrew_-_9556735_-_Web_Decision_-__redacted_6_February_2015.pdf- ./Prouse_Andrew_-_9556735_-_Web_Decision_-__redacted_6_February_2015.pdf-As referred to above, Miss B referred to a number of occasions when Mr Prouse would ./Prouse_Andrew_-_9556735_-_Web_Decision_-__redacted_6_February_2015.pdf-give her a hug, going back to when she was 12/13 and during break times socialising ./Prouse_Andrew_-_9556735_-_Web_Decision_-__redacted_6_February_2015.pdf-with her and her friends at ZYO. Since Miss B and Mr Prouse went on to have a ./Prouse_Andrew_-_9556735_-_Web_Decision_-__redacted_6_February_2015.pdf-relationship, the Panel found it more probable than not that cuddling/ hugging would have ./Prouse_Andrew_-_9556735_-_Web_Decision_-__redacted_6_February_2015.pdf-been part of that relationship. Given the Panel found Miss B’s evidence to be credible, ./Prouse_Andrew_-_9556735_-_Web_Decision_-__redacted_6_February_2015.pdf-the Panel found this allegation proven. ./Prouse_Andrew_-_9556735_-_Web_Decision_-__redacted_6_February_2015.pdf- ./Prouse_Andrew_-_9556735_-_Web_Decision_-__redacted_6_February_2015.pdf-3e Between March 2006 and July 2012, in relation to Miss B you had ./Prouse_Andrew_-_9556735_-_Web_Decision_-__redacted_6_February_2015.pdf:sexual intercourse with her on one or more occasions, ./Prouse_Andrew_-_9556735_-_Web_Decision_-__redacted_6_February_2015.pdf-In Miss B’s account she provided to the police, she described having intercourse in one ./Prouse_Andrew_-_9556735_-_Web_Decision_-__redacted_6_February_2015.pdf-of the rooms at [redacted] music centre after everyone had gone home. She referred to ./Prouse_Andrew_-_9556735_-_Web_Decision_-__redacted_6_February_2015.pdf-the way she sometimes felt after having had intercourse with him. She also referred to ./Prouse_Andrew_-_9556735_-_Web_Decision_-__redacted_6_February_2015.pdf-weekend trips away. ./Prouse_Andrew_-_9556735_-_Web_Decision_-__redacted_6_February_2015.pdf- ./Prouse_Andrew_-_9556735_-_Web_Decision_-__redacted_6_February_2015.pdf- ./Prouse_Andrew_-_9556735_-_Web_Decision_-__redacted_6_February_2015.pdf- ./Prouse_Andrew_-_9556735_-_Web_Decision_-__redacted_6_February_2015.pdf- 20 ./Prouse_Andrew_-_9556735_-_Web_Decision_-__redacted_6_February_2015.pdf- -- ./Prouse_Andrew_-_9556735_-_Web_Decision_-__redacted_6_February_2015.pdf-The Director and Conductor of ZYO provided a written statement that in September ./Prouse_Andrew_-_9556735_-_Web_Decision_-__redacted_6_February_2015.pdf-2013, he had had some telephone calls with Mr Prouse in which he said that he had had ./Prouse_Andrew_-_9556735_-_Web_Decision_-__redacted_6_February_2015.pdf-proper relationships with Miss A and Miss B. The Director and Conductor of ZYO stated ./Prouse_Andrew_-_9556735_-_Web_Decision_-__redacted_6_February_2015.pdf:that he understood this to mean sexual relationships. The Director and Conductor of ZYO ./Prouse_Andrew_-_9556735_-_Web_Decision_-__redacted_6_February_2015.pdf-then stated that he had met with Mr Prouse in September 2013, when Mr Prouse had ./Prouse_Andrew_-_9556735_-_Web_Decision_-__redacted_6_February_2015.pdf-admitted the relationship with Miss A and Miss B. During an interview conducted with Mr ./Prouse_Andrew_-_9556735_-_Web_Decision_-__redacted_6_February_2015.pdf:Prouse as part of the Council investigation, Mr Prouse confirmed he had had a sexual ./Prouse_Andrew_-_9556735_-_Web_Decision_-__redacted_6_February_2015.pdf-relationship with Miss A and Miss B. The Investigator confirmed in oral evidence that Mr ./Prouse_Andrew_-_9556735_-_Web_Decision_-__redacted_6_February_2015.pdf-Prouse was given the opportunity to make amendments to the minutes of the interview, ./Prouse_Andrew_-_9556735_-_Web_Decision_-__redacted_6_February_2015.pdf-but did not reply. ./Prouse_Andrew_-_9556735_-_Web_Decision_-__redacted_6_February_2015.pdf- ./Prouse_Andrew_-_9556735_-_Web_Decision_-__redacted_6_February_2015.pdf-The Panel considered Miss B’s evidence to be credible, and that Mr Prouse’s earlier ./Prouse_Andrew_-_9556735_-_Web_Decision_-__redacted_6_February_2015.pdf:admission of the sexual relationship weighed in favour of this allegation being found ./Prouse_Andrew_-_9556735_-_Web_Decision_-__redacted_6_February_2015.pdf-proven. ./Prouse_Andrew_-_9556735_-_Web_Decision_-__redacted_6_February_2015.pdf- ./Prouse_Andrew_-_9556735_-_Web_Decision_-__redacted_6_February_2015.pdf- ./Prouse_Andrew_-_9556735_-_Web_Decision_-__redacted_6_February_2015.pdf-3f i Between March 2006 and July 2012, in relation to Miss B you ./Prouse_Andrew_-_9556735_-_Web_Decision_-__redacted_6_February_2015.pdf-whilst on a music tour in [redacted] with the ZYO allowed her to enter ./Prouse_Andrew_-_9556735_-_Web_Decision_-__redacted_6_February_2015.pdf-your bedroom on one or more occasions, ./Prouse_Andrew_-_9556735_-_Web_Decision_-__redacted_6_February_2015.pdf-In the account that Miss B gave to the police, she stated that she ended up spending ./Prouse_Andrew_-_9556735_-_Web_Decision_-__redacted_6_February_2015.pdf-every night in Mr Prouse’s room and that he had arranged the rooms so that hers was ./Prouse_Andrew_-_9556735_-_Web_Decision_-__redacted_6_February_2015.pdf-opposite his. ./Prouse_Andrew_-_9556735_-_Web_Decision_-__redacted_6_February_2015.pdf- -- ./Prouse_Andrew_-_9556735_-_Web_Decision_-__redacted_6_February_2015.pdf-The Panel considered that the account of the Director and Conductor of ZYO was ./Prouse_Andrew_-_9556735_-_Web_Decision_-__redacted_6_February_2015.pdf-consistent with there having been a relationship between Mr Prouse and Miss B, even ./Prouse_Andrew_-_9556735_-_Web_Decision_-__redacted_6_February_2015.pdf:though he did not witness any sexual contact. The Panel considered Miss B’s evidence ./Prouse_Andrew_-_9556735_-_Web_Decision_-__redacted_6_February_2015.pdf-to be credible and found this allegation proven. ./Prouse_Andrew_-_9556735_-_Web_Decision_-__redacted_6_February_2015.pdf- ./Prouse_Andrew_-_9556735_-_Web_Decision_-__redacted_6_February_2015.pdf- ./Prouse_Andrew_-_9556735_-_Web_Decision_-__redacted_6_February_2015.pdf- ./Prouse_Andrew_-_9556735_-_Web_Decision_-__redacted_6_February_2015.pdf- ./Prouse_Andrew_-_9556735_-_Web_Decision_-__redacted_6_February_2015.pdf-3fii Between March 2006 and July 2012, in relation to Miss B you ./Prouse_Andrew_-_9556735_-_Web_Decision_-__redacted_6_February_2015.pdf-whilst on a music tour to [redacted] with the ZYO allowed her to spend ./Prouse_Andrew_-_9556735_-_Web_Decision_-__redacted_6_February_2015.pdf-the night with you in your bedroom on one or more occasions, ./Prouse_Andrew_-_9556735_-_Web_Decision_-__redacted_6_February_2015.pdf-As referred to above, Miss B gave evidence that she ended up spending every night in ./Prouse_Andrew_-_9556735_-_Web_Decision_-__redacted_6_February_2015.pdf-Mr Prouse’s bedroom. For the reasons stated at 3f i above, the Panel found her ./Prouse_Andrew_-_9556735_-_Web_Decision_-__redacted_6_February_2015.pdf-evidence credible and found this allegation proven. ./Prouse_Andrew_-_9556735_-_Web_Decision_-__redacted_6_February_2015.pdf- ./Prouse_Andrew_-_9556735_-_Web_Decision_-__redacted_6_February_2015.pdf- ./Prouse_Andrew_-_9556735_-_Web_Decision_-__redacted_6_February_2015.pdf-3fiii Between March 2006 and July 2012, in relation to Miss B you ./Prouse_Andrew_-_9556735_-_Web_Decision_-__redacted_6_February_2015.pdf:whilst on a music tour to [redacted] with the ZYO had sexual ./Prouse_Andrew_-_9556735_-_Web_Decision_-__redacted_6_February_2015.pdf-intercourse with her on one or more occasions, ./Prouse_Andrew_-_9556735_-_Web_Decision_-__redacted_6_February_2015.pdf- She described having gone on a tour when she stated that she spent every night in Mr ./Prouse_Andrew_-_9556735_-_Web_Decision_-__redacted_6_February_2015.pdf-Prouse’s room and that they snuck off one time during the daytime when they had ./Prouse_Andrew_-_9556735_-_Web_Decision_-__redacted_6_February_2015.pdf-intercourse. For the reasons stated at 3f i above, the Panel found her evidence credible ./Prouse_Andrew_-_9556735_-_Web_Decision_-__redacted_6_February_2015.pdf-and found this allegation proven. ./Prouse_Andrew_-_9556735_-_Web_Decision_-__redacted_6_February_2015.pdf- ./Prouse_Andrew_-_9556735_-_Web_Decision_-__redacted_6_February_2015.pdf- ./Prouse_Andrew_-_9556735_-_Web_Decision_-__redacted_6_February_2015.pdf-4 Your behaviour as set out at 1a, 1b, 1c, 1d, 1e, 3a, 3b, 3c, 3d, 3e ./Prouse_Andrew_-_9556735_-_Web_Decision_-__redacted_6_February_2015.pdf-and 3f was an abuse of your position of trust, ./Prouse_Andrew_-_9556735_-_Web_Decision_-__redacted_6_February_2015.pdf- -- ./Prouse_Andrew_-_9556735_-_Web_Decision_-__redacted_6_February_2015.pdf-in its intensity throughout the time Miss B was at the Music Centre, which was ./Prouse_Andrew_-_9556735_-_Web_Decision_-__redacted_6_February_2015.pdf-inappropriate. ./Prouse_Andrew_-_9556735_-_Web_Decision_-__redacted_6_February_2015.pdf- ./Prouse_Andrew_-_9556735_-_Web_Decision_-__redacted_6_February_2015.pdf-The Panel reached the view that it was more probable than not, that Miss B and Mr ./Prouse_Andrew_-_9556735_-_Web_Decision_-__redacted_6_February_2015.pdf-Prouse had engaged in a relationship that commenced in a physical way in March 2011, ./Prouse_Andrew_-_9556735_-_Web_Decision_-__redacted_6_February_2015.pdf-whilst Miss B was still a student being taught by Mr Prouse at AM and ZYO, and still at ./Prouse_Andrew_-_9556735_-_Web_Decision_-__redacted_6_February_2015.pdf-school even if she had reached the age of 18. ./Prouse_Andrew_-_9556735_-_Web_Decision_-__redacted_6_February_2015.pdf- ./Prouse_Andrew_-_9556735_-_Web_Decision_-__redacted_6_February_2015.pdf-When both Miss A and Miss B left the Music Centre and ZYO/ AM respectively, and went ./Prouse_Andrew_-_9556735_-_Web_Decision_-__redacted_6_February_2015.pdf-to University, the relationships continued. The Panel noted that Miss B was quite clear in ./Prouse_Andrew_-_9556735_-_Web_Decision_-__redacted_6_February_2015.pdf:her oral evidence that she would never have had a sexual relationship with Mr Prouse ./Prouse_Andrew_-_9556735_-_Web_Decision_-__redacted_6_February_2015.pdf-had she not known him for so many years. She stated that she wouldn’t otherwise have ./Prouse_Andrew_-_9556735_-_Web_Decision_-__redacted_6_February_2015.pdf- ./Prouse_Andrew_-_9556735_-_Web_Decision_-__redacted_6_February_2015.pdf- 22 ./Prouse_Andrew_-_9556735_-_Web_Decision_-__redacted_6_February_2015.pdf- -- ./Prouse_Andrew_-_9556735_-_Web_Decision_-__redacted_6_February_2015.pdf- ./Prouse_Andrew_-_9556735_-_Web_Decision_-__redacted_6_February_2015.pdf-The parents of Miss A and Miss B entrusted their children to Mr Prouse, in the belief that ./Prouse_Andrew_-_9556735_-_Web_Decision_-__redacted_6_February_2015.pdf-he would teach them music. Miss A and Miss B developed their trust in him, which was ./Prouse_Andrew_-_9556735_-_Web_Decision_-__redacted_6_February_2015.pdf-endorsed by not only his position as a teacher, but in his position as a police officer. The ./Prouse_Andrew_-_9556735_-_Web_Decision_-__redacted_6_February_2015.pdf-Panel considered that since those relationships built upon a foundation that had ./Prouse_Andrew_-_9556735_-_Web_Decision_-__redacted_6_February_2015.pdf-commenced when Mr Prouse had been in a position of trust towards Miss A and Miss B, ./Prouse_Andrew_-_9556735_-_Web_Decision_-__redacted_6_February_2015.pdf-the Panel considered that Mr Prouse continued to breach his position of trust. ./Prouse_Andrew_-_9556735_-_Web_Decision_-__redacted_6_February_2015.pdf- ./Prouse_Andrew_-_9556735_-_Web_Decision_-__redacted_6_February_2015.pdf- ./Prouse_Andrew_-_9556735_-_Web_Decision_-__redacted_6_February_2015.pdf-5 Your behaviour as set out at 1c, 1d, 1e, 3c, 3d, 3e and 3f was ./Prouse_Andrew_-_9556735_-_Web_Decision_-__redacted_6_February_2015.pdf:sexually motivated. ./Prouse_Andrew_-_9556735_-_Web_Decision_-__redacted_6_February_2015.pdf-The Panel considered that the behaviours set out at 1c, 1d, 1e, 3c, 3e and 3f was ./Prouse_Andrew_-_9556735_-_Web_Decision_-__redacted_6_February_2015.pdf:sexually motivated. ./Prouse_Andrew_-_9556735_-_Web_Decision_-__redacted_6_February_2015.pdf- ./Prouse_Andrew_-_9556735_-_Web_Decision_-__redacted_6_February_2015.pdf-With regard to Miss B, she described kissing Mr Prouse, and he having told her “it feels ./Prouse_Andrew_-_9556735_-_Web_Decision_-__redacted_6_February_2015.pdf-so right. I’ve wanted to do this for a long time”, indicating that he had had the intention of ./Prouse_Andrew_-_9556735_-_Web_Decision_-__redacted_6_February_2015.pdf-embarking on the relationship. When Mr Prouse and Miss A first kissed, she described ./Prouse_Andrew_-_9556735_-_Web_Decision_-__redacted_6_February_2015.pdf-him having said to her “Do you not think I deserve a kiss now”. The kissing was the ./Prouse_Andrew_-_9556735_-_Web_Decision_-__redacted_6_February_2015.pdf:precursor to the sexual relationship, and the Panel considered it was sexually motivated. ./Prouse_Andrew_-_9556735_-_Web_Decision_-__redacted_6_February_2015.pdf- ./Prouse_Andrew_-_9556735_-_Web_Decision_-__redacted_6_February_2015.pdf:The hugging of Miss B was part of the progression towards a sexual relationship and at ./Prouse_Andrew_-_9556735_-_Web_Decision_-__redacted_6_February_2015.pdf:some stage it became sexually motivated. ./Prouse_Andrew_-_9556735_-_Web_Decision_-__redacted_6_February_2015.pdf- ./Prouse_Andrew_-_9556735_-_Web_Decision_-__redacted_6_February_2015.pdf:The Panel considered that the sexual activity with Miss A, sexual intercourse with Miss A ./Prouse_Andrew_-_9556735_-_Web_Decision_-__redacted_6_February_2015.pdf:and Miss B were all sexually motivated. Having involved sexual activity, Mr Prouse’s ./Prouse_Andrew_-_9556735_-_Web_Decision_-__redacted_6_February_2015.pdf:motivation would have been a sexual one. The Panel had regard to the planning Mr ./Prouse_Andrew_-_9556735_-_Web_Decision_-__redacted_6_February_2015.pdf-Prouse had engaged in, in booking a hotel room for the first occasion he had intercourse ./Prouse_Andrew_-_9556735_-_Web_Decision_-__redacted_6_February_2015.pdf-with Miss A. With respect to the matters that occurred in [redacted], allowing Miss B to ./Prouse_Andrew_-_9556735_-_Web_Decision_-__redacted_6_February_2015.pdf:enter Mr Prouse’s bedroom, in the context of there having been a sexual relationship, ./Prouse_Andrew_-_9556735_-_Web_Decision_-__redacted_6_February_2015.pdf:made it more likely than not that his motivation was a sexual one. ./Prouse_Andrew_-_9556735_-_Web_Decision_-__redacted_6_February_2015.pdf- ./Prouse_Andrew_-_9556735_-_Web_Decision_-__redacted_6_February_2015.pdf-Findings as to Unacceptable Professional Conduct and/or ./Prouse_Andrew_-_9556735_-_Web_Decision_-__redacted_6_February_2015.pdf-Conduct that may bring the profession into disrepute ./Prouse_Andrew_-_9556735_-_Web_Decision_-__redacted_6_February_2015.pdf-In considering the allegations that the Panel has found proven, the Panel has had regard ./Prouse_Andrew_-_9556735_-_Web_Decision_-__redacted_6_February_2015.pdf-to the definitions in The Teacher Misconduct – Prohibition of Teachers Advice, which we ./Prouse_Andrew_-_9556735_-_Web_Decision_-__redacted_6_February_2015.pdf-refer to as the ‘Guidance’. ./Prouse_Andrew_-_9556735_-_Web_Decision_-__redacted_6_February_2015.pdf- ./Prouse_Andrew_-_9556735_-_Web_Decision_-__redacted_6_February_2015.pdf- 23 ./Prouse_Andrew_-_9556735_-_Web_Decision_-__redacted_6_February_2015.pdf- -- ./Prouse_Andrew_-_9556735_-_Web_Decision_-__redacted_6_February_2015.pdf-teacher in a primary school, he would have received safeguarding training in that ./Prouse_Andrew_-_9556735_-_Web_Decision_-__redacted_6_February_2015.pdf-capacity, which he should have continued to apply. The Panel noted the emphasis the ./Prouse_Andrew_-_9556735_-_Web_Decision_-__redacted_6_February_2015.pdf-Director and Conductor of ZYO placed on maintaining appropriate boundaries given the ./Prouse_Andrew_-_9556735_-_Web_Decision_-__redacted_6_February_2015.pdf-informal atmosphere in which music is taught. ./Prouse_Andrew_-_9556735_-_Web_Decision_-__redacted_6_February_2015.pdf- ./Prouse_Andrew_-_9556735_-_Web_Decision_-__redacted_6_February_2015.pdf-The Panel is satisfied that the conduct of Mr Prouse fell significantly short of the ./Prouse_Andrew_-_9556735_-_Web_Decision_-__redacted_6_February_2015.pdf-standards expected of the profession. ./Prouse_Andrew_-_9556735_-_Web_Decision_-__redacted_6_February_2015.pdf- ./Prouse_Andrew_-_9556735_-_Web_Decision_-__redacted_6_February_2015.pdf-The Panel has also considered whether Mr Prouse’s conduct displayed behaviours ./Prouse_Andrew_-_9556735_-_Web_Decision_-__redacted_6_February_2015.pdf-associated with any of the offences listed on page 8 and 9 of the Guidance. The Panel ./Prouse_Andrew_-_9556735_-_Web_Decision_-__redacted_6_February_2015.pdf:found that there were behaviours associated with sexual activity albeit that no offence ./Prouse_Andrew_-_9556735_-_Web_Decision_-__redacted_6_February_2015.pdf-had been committed. The Guidance indicates that where behaviours associated with ./Prouse_Andrew_-_9556735_-_Web_Decision_-__redacted_6_February_2015.pdf-such an offence exist, a Panel is likely to conclude that an individual’s conduct would ./Prouse_Andrew_-_9556735_-_Web_Decision_-__redacted_6_February_2015.pdf-amount to unacceptable professional conduct. ./Prouse_Andrew_-_9556735_-_Web_Decision_-__redacted_6_February_2015.pdf- ./Prouse_Andrew_-_9556735_-_Web_Decision_-__redacted_6_February_2015.pdf-The Panel notes that the allegations, to some extent, took place outside of the education ./Prouse_Andrew_-_9556735_-_Web_Decision_-__redacted_6_February_2015.pdf-setting, during extracurricular music activities and whilst Miss A and B were at University. ./Prouse_Andrew_-_9556735_-_Web_Decision_-__redacted_6_February_2015.pdf-However, Mr Prouse’s conduct affects the way he fulfils his teaching role since the ./Prouse_Andrew_-_9556735_-_Web_Decision_-__redacted_6_February_2015.pdf-relationships he formed built upon the position of trust he held whilst he was teaching ./Prouse_Andrew_-_9556735_-_Web_Decision_-__redacted_6_February_2015.pdf-them. ./Prouse_Andrew_-_9556735_-_Web_Decision_-__redacted_6_February_2015.pdf- -- ./Prouse_Andrew_-_9556735_-_Web_Decision_-__redacted_6_February_2015.pdf-prohibition order may be appropriate if certain behaviours of a teacher have been proven. ./Prouse_Andrew_-_9556735_-_Web_Decision_-__redacted_6_February_2015.pdf-In the list of such behaviours, those that are relevant in this case are: ./Prouse_Andrew_-_9556735_-_Web_Decision_-__redacted_6_February_2015.pdf- ./Prouse_Andrew_-_9556735_-_Web_Decision_-__redacted_6_February_2015.pdf-  serious departure from the personal and professional conduct elements of the ./Prouse_Andrew_-_9556735_-_Web_Decision_-__redacted_6_February_2015.pdf- teachers’ standards ./Prouse_Andrew_-_9556735_-_Web_Decision_-__redacted_6_February_2015.pdf-  misconduct seriously affecting the education and/or well being of pupils, and ./Prouse_Andrew_-_9556735_-_Web_Decision_-__redacted_6_February_2015.pdf- particularly where there is a continuing risk ./Prouse_Andrew_-_9556735_-_Web_Decision_-__redacted_6_February_2015.pdf-  a deep-seated attitude that leads to harmful behaviour ./Prouse_Andrew_-_9556735_-_Web_Decision_-__redacted_6_February_2015.pdf-  abuse of position or trust (particularly involving vulnerable pupils) or violation of the ./Prouse_Andrew_-_9556735_-_Web_Decision_-__redacted_6_February_2015.pdf- rights of pupils ./Prouse_Andrew_-_9556735_-_Web_Decision_-__redacted_6_February_2015.pdf:  sexual misconduct, eg involving actions that were sexually motivated or of a ./Prouse_Andrew_-_9556735_-_Web_Decision_-__redacted_6_February_2015.pdf: sexual nature and/or that use or exploit the trust, knowledge or influence derived ./Prouse_Andrew_-_9556735_-_Web_Decision_-__redacted_6_February_2015.pdf- from the individual’s professional position; ./Prouse_Andrew_-_9556735_-_Web_Decision_-__redacted_6_February_2015.pdf-Even though there were behaviours that would point to a Prohibition Order being ./Prouse_Andrew_-_9556735_-_Web_Decision_-__redacted_6_February_2015.pdf-appropriate, the Panel went on to consider whether or not there were sufficient mitigating ./Prouse_Andrew_-_9556735_-_Web_Decision_-__redacted_6_February_2015.pdf-factors to militate against a Prohibition Order being an appropriate and proportionate ./Prouse_Andrew_-_9556735_-_Web_Decision_-__redacted_6_February_2015.pdf-measure to impose, particularly taking into account the nature and severity of the ./Prouse_Andrew_-_9556735_-_Web_Decision_-__redacted_6_February_2015.pdf-behaviour in this case. In light of the Panel’s findings, there was no evidence that Mr ./Prouse_Andrew_-_9556735_-_Web_Decision_-__redacted_6_February_2015.pdf-Prouse’s actions were not deliberate, and indeed, the Panel found him to have acted with ./Prouse_Andrew_-_9556735_-_Web_Decision_-__redacted_6_February_2015.pdf:sexual motivation. The secrecy imposed by Mr Prouse indicated that he was aware of ./Prouse_Andrew_-_9556735_-_Web_Decision_-__redacted_6_February_2015.pdf-the potential consequences of his actions, but that he went ahead anyway. There was ./Prouse_Andrew_-_9556735_-_Web_Decision_-__redacted_6_February_2015.pdf-no evidence to suggest that the teacher was acting under duress. The Panel accepted ./Prouse_Andrew_-_9556735_-_Web_Decision_-__redacted_6_February_2015.pdf-that Mr Prouse has a previously good history and the Panel noted that the Director and ./Prouse_Andrew_-_9556735_-_Web_Decision_-__redacted_6_February_2015.pdf-Conductor of ZYO had previously thought Mr Prouse was a very good teacher, that he ./Prouse_Andrew_-_9556735_-_Web_Decision_-__redacted_6_February_2015.pdf-was effective at getting pupils through their exams and was engaging with parents. ./Prouse_Andrew_-_9556735_-_Web_Decision_-__redacted_6_February_2015.pdf- ./Prouse_Andrew_-_9556735_-_Web_Decision_-__redacted_6_February_2015.pdf-However, the Panel considered that Mr Prouse has not shown insight. He has failed to ./Prouse_Andrew_-_9556735_-_Web_Decision_-__redacted_6_February_2015.pdf-recognise the position of trust he was in, and has attempted to shift the blame to Miss A, ./Prouse_Andrew_-_9556735_-_Web_Decision_-__redacted_6_February_2015.pdf-Miss B and has attempted to damage both their credibility and the credibility of the ./Prouse_Andrew_-_9556735_-_Web_Decision_-__redacted_6_February_2015.pdf-Director and Conductor of ZYO. He has not accepted any responsibility for his actions. -- ./Prouse_Andrew_-_9556735_-_Web_Decision_-__redacted_6_February_2015.pdf- ./Prouse_Andrew_-_9556735_-_Web_Decision_-__redacted_6_February_2015.pdf-The Panel went on to consider whether or not it would be appropriate for them to decide ./Prouse_Andrew_-_9556735_-_Web_Decision_-__redacted_6_February_2015.pdf-to recommend that a review period of the order should be considered. The Panel were ./Prouse_Andrew_-_9556735_-_Web_Decision_-__redacted_6_February_2015.pdf-mindful that the Teacher Misconduct – Prohibition of Teachers Advice advises that a ./Prouse_Andrew_-_9556735_-_Web_Decision_-__redacted_6_February_2015.pdf-Prohibition Order applies for life, but there may be circumstances in any given case that ./Prouse_Andrew_-_9556735_-_Web_Decision_-__redacted_6_February_2015.pdf-may make it appropriate to allow a teacher to apply to have the prohibition order ./Prouse_Andrew_-_9556735_-_Web_Decision_-__redacted_6_February_2015.pdf-reviewed after a specified period of time that may not be less than two years. ./Prouse_Andrew_-_9556735_-_Web_Decision_-__redacted_6_February_2015.pdf- ./Prouse_Andrew_-_9556735_-_Web_Decision_-__redacted_6_February_2015.pdf-The Teacher Misconduct – Prohibition of Teachers Advice indicates that there are ./Prouse_Andrew_-_9556735_-_Web_Decision_-__redacted_6_February_2015.pdf-behaviours that, if proven, would militate against a review period being recommended. ./Prouse_Andrew_-_9556735_-_Web_Decision_-__redacted_6_February_2015.pdf:One of these behaviours include serious sexual misconduct, eg where the act was ./Prouse_Andrew_-_9556735_-_Web_Decision_-__redacted_6_February_2015.pdf:sexually motivated and resulted in or had the potential to result in, harm to a person or ./Prouse_Andrew_-_9556735_-_Web_Decision_-__redacted_6_February_2015.pdf-persons, particularly where the individual has used their professional position to influence ./Prouse_Andrew_-_9556735_-_Web_Decision_-__redacted_6_February_2015.pdf-or exploit a person or persons. The Panel has found that Mr Prouse used his position to ./Prouse_Andrew_-_9556735_-_Web_Decision_-__redacted_6_February_2015.pdf:develop a sexual relationship with both Miss A and Miss B. He has failed to demonstrate ./Prouse_Andrew_-_9556735_-_Web_Decision_-__redacted_6_February_2015.pdf-an understanding of the consequences of his actions, or any understanding of why what ./Prouse_Andrew_-_9556735_-_Web_Decision_-__redacted_6_February_2015.pdf-he did was wrong. ./Prouse_Andrew_-_9556735_-_Web_Decision_-__redacted_6_February_2015.pdf- ./Prouse_Andrew_-_9556735_-_Web_Decision_-__redacted_6_February_2015.pdf-The Panel felt the findings indicated a situation in which a review period would not be ./Prouse_Andrew_-_9556735_-_Web_Decision_-__redacted_6_February_2015.pdf-appropriate and as such decided that it would be proportionate in all the circumstances ./Prouse_Andrew_-_9556735_-_Web_Decision_-__redacted_6_February_2015.pdf-for the Prohibition Order to be recommended without provision for a review period. ./Prouse_Andrew_-_9556735_-_Web_Decision_-__redacted_6_February_2015.pdf- ./Prouse_Andrew_-_9556735_-_Web_Decision_-__redacted_6_February_2015.pdf- ./Prouse_Andrew_-_9556735_-_Web_Decision_-__redacted_6_February_2015.pdf-Decision and reasons on behalf of the Secretary of ./Prouse_Andrew_-_9556735_-_Web_Decision_-__redacted_6_February_2015.pdf-State ./Prouse_Andrew_-_9556735_-_Web_Decision_-__redacted_6_February_2015.pdf-I have given very careful consideration to this case and to the recommendations of the ./Prouse_Andrew_-_9556735_-_Web_Decision_-__redacted_6_February_2015.pdf-panel both in respect of sanction and review. ./Prouse_Andrew_-_9556735_-_Web_Decision_-__redacted_6_February_2015.pdf- ./Prouse_Andrew_-_9556735_-_Web_Decision_-__redacted_6_February_2015.pdf-This case is a very serious one and involves a very serious breach of the trust that ./Prouse_Andrew_-_9556735_-_Web_Decision_-__redacted_6_February_2015.pdf-should be expected between a teacher and a pupil. The detailed evidence is set out in ./Prouse_Andrew_-_9556735_-_Web_Decision_-__redacted_6_February_2015.pdf:the summary provided by the panel. This case involves serious sexual misconduct ./Prouse_Andrew_-_9556735_-_Web_Decision_-__redacted_6_February_2015.pdf-accompanied by other very serious behaviours. ./Prouse_Andrew_-_9556735_-_Web_Decision_-__redacted_6_February_2015.pdf- ./Prouse_Andrew_-_9556735_-_Web_Decision_-__redacted_6_February_2015.pdf-I have given careful consideration to the need to weigh the public interest with the ./Prouse_Andrew_-_9556735_-_Web_Decision_-__redacted_6_February_2015.pdf-interests of Mr Prouse. I have also given careful consideration to the need to be ./Prouse_Andrew_-_9556735_-_Web_Decision_-__redacted_6_February_2015.pdf-proportionate. Taking those matters into account I accept the recommendation of the ./Prouse_Andrew_-_9556735_-_Web_Decision_-__redacted_6_February_2015.pdf-panel that Mr Prouse should be prohibited from teaching. ./Prouse_Andrew_-_9556735_-_Web_Decision_-__redacted_6_February_2015.pdf- ./Prouse_Andrew_-_9556735_-_Web_Decision_-__redacted_6_February_2015.pdf-I have also given careful consideration to the matter of review. Once again the panel has ./Prouse_Andrew_-_9556735_-_Web_Decision_-__redacted_6_February_2015.pdf-set out very clearly its findings in this area. Mr Prouse has shown no remorse or insight. ./Prouse_Andrew_-_9556735_-_Web_Decision_-__redacted_6_February_2015.pdf-Indeed he has sought to blame others for his behaviour. I have again given careful ./Rahman__S_Web_decision.pdf-Teacher: Ms Sophie Rahman ./Rahman__S_Web_decision.pdf- ./Rahman__S_Web_decision.pdf-Teacher ref number: 1785400 ./Rahman__S_Web_decision.pdf- ./Rahman__S_Web_decision.pdf-Teacher date of birth: 6 August 1975 ./Rahman__S_Web_decision.pdf- ./Rahman__S_Web_decision.pdf-TRA reference: 16550 ./Rahman__S_Web_decision.pdf- ./Rahman__S_Web_decision.pdf-Date of determination: 28 June 2018 ./Rahman__S_Web_decision.pdf- ./Rahman__S_Web_decision.pdf:Former employer: Eton Community School, Ilford, Essex (formerly known as Ad- ./Rahman__S_Web_decision.pdf- Deen Primary School). ./Rahman__S_Web_decision.pdf- ./Rahman__S_Web_decision.pdf- ./Rahman__S_Web_decision.pdf-A. Introduction ./Rahman__S_Web_decision.pdf-A professional conduct panel (“the panel”) of the Teaching Regulation Agency (“the ./Rahman__S_Web_decision.pdf-TRA”) convened on 25 to 28 June 2018 at 53 to 55 Butts Road, Earlsdon Park, Coventry ./Rahman__S_Web_decision.pdf-CV1 3BH to consider the case of Ms Sophie Rahman. ./Rahman__S_Web_decision.pdf- ./Rahman__S_Web_decision.pdf-The panel members were Mrs Kathy Thomson (teacher panellist – in the chair), Mr Phillip ./Rahman__S_Web_decision.pdf-Riggon (teacher panellist) and Mr Maurice McBride (lay panellist). -- ./Rahman__S_Web_decision.pdf-distressed that she said she had to leave with her daughters. Witness C gained the ./Rahman__S_Web_decision.pdf-impression from her reaction that she had not realised what her daughters were being ./Rahman__S_Web_decision.pdf-taught by Mr Butt. In a subsequent interview, she told Witness C at some length that, ./Rahman__S_Web_decision.pdf-'these were not the kind of things she expected her eight year old daughter to be taught ./Rahman__S_Web_decision.pdf-or spoken to about.' Witness C also said, 'Mention of the word war really alarmed me - if ./Rahman__S_Web_decision.pdf-that is what Mr Butt was teaching there is no doubt he was referring to Jihad (holy war).' ./Rahman__S_Web_decision.pdf- ./Rahman__S_Web_decision.pdf-In addition, Witness C was, 'uncomfortable with the reference to lying and to justifying ./Rahman__S_Web_decision.pdf-lying (to parents). In my experience that is the type of language and manipulation that ./Rahman__S_Web_decision.pdf-you might see from abusers who try to create trust and build unhealthy relationships with ./Rahman__S_Web_decision.pdf:young people. I perceive it as potentially being grooming type behaviour.' The panel is in ./Rahman__S_Web_decision.pdf-complete agreement with this analysis of the situation from an experienced professional. ./Rahman__S_Web_decision.pdf-By her failure to safeguard her pupils' interests, Ms Rahman left them potentially ./Rahman__S_Web_decision.pdf:vulnerable to grooming for radicalisation. ./Rahman__S_Web_decision.pdf- ./Rahman__S_Web_decision.pdf-Similarly, the panel considers that public confidence in the profession could be seriously ./Rahman__S_Web_decision.pdf-weakened if conduct such as that found against Ms Rahman were not treated with the ./Rahman__S_Web_decision.pdf-utmost seriousness when regulating the conduct of the profession. ./Rahman__S_Web_decision.pdf- ./Rahman__S_Web_decision.pdf-Throughout the relevant period, Ms Rahman displayed a complete lack of sense of ./Rahman__S_Web_decision.pdf-urgency after she became aware that Mr Butt was an active participant in a major terrorist ./Rahman__S_Web_decision.pdf-attack in the UK; for example, she informed the authorities of Mr Butt’s involvement with ./Rahman__S_Web_decision.pdf-the school and six pupils very soon after his involvement in the attack became public ./Rahman__S_Web_decision.pdf-knowledge, but then took a further 41 days before complying, via her solicitors, with ./Ramsey__R_14185_-_Web_Decision.pdf-Teacher: Ms Rosalind Ramsey ./Ramsey__R_14185_-_Web_Decision.pdf- ./Ramsey__R_14185_-_Web_Decision.pdf-Teacher ref number: 9940707 ./Ramsey__R_14185_-_Web_Decision.pdf- ./Ramsey__R_14185_-_Web_Decision.pdf-Teacher date of birth: 4 September 1976 ./Ramsey__R_14185_-_Web_Decision.pdf- ./Ramsey__R_14185_-_Web_Decision.pdf-NCTL case reference: 14185 ./Ramsey__R_14185_-_Web_Decision.pdf- ./Ramsey__R_14185_-_Web_Decision.pdf-Date of determination: 19 July 2016 ./Ramsey__R_14185_-_Web_Decision.pdf- ./Ramsey__R_14185_-_Web_Decision.pdf:Former employer: Seaford Head School, East Sussex ./Ramsey__R_14185_-_Web_Decision.pdf- ./Ramsey__R_14185_-_Web_Decision.pdf- ./Ramsey__R_14185_-_Web_Decision.pdf-A. Introduction ./Ramsey__R_14185_-_Web_Decision.pdf-A professional conduct panel (“the panel”) of the National College for Teaching and ./Ramsey__R_14185_-_Web_Decision.pdf-Leadership (“the National College”) convened on 18 and 19 July 2016 at 53 to 55 Butts ./Ramsey__R_14185_-_Web_Decision.pdf-Road, Earlsdon Park, Coventry CV1 3BH to consider the case of Ms Rosalind Ramsey. ./Ramsey__R_14185_-_Web_Decision.pdf- ./Ramsey__R_14185_-_Web_Decision.pdf-The panel members were Mr Keith Jackson-Horner (teacher panellist – in the chair), Mr ./Ramsey__R_14185_-_Web_Decision.pdf-Tony James (teacher panellist) and Ms Gill Tomlinson (lay panellist). ./Ramsey__R_14185_-_Web_Decision.pdf- -- ./Ramsey__R_14185_-_Web_Decision.pdf-B. Allegations ./Ramsey__R_14185_-_Web_Decision.pdf- ./Ramsey__R_14185_-_Web_Decision.pdf-The panel considered the allegations set out in the Notice of Proceedings dated 20 May ./Ramsey__R_14185_-_Web_Decision.pdf-2016. ./Ramsey__R_14185_-_Web_Decision.pdf- ./Ramsey__R_14185_-_Web_Decision.pdf-It was alleged that Ms Rosalind Ramsey was guilty of unacceptable professional conduct ./Ramsey__R_14185_-_Web_Decision.pdf-and/or conduct that may bring the profession into disrepute, in that: ./Ramsey__R_14185_-_Web_Decision.pdf- ./Ramsey__R_14185_-_Web_Decision.pdf:Whilst employed at Seaford Head School, East Sussex, between 7 July 2014 and 10 July ./Ramsey__R_14185_-_Web_Decision.pdf-2014 she: ./Ramsey__R_14185_-_Web_Decision.pdf- ./Ramsey__R_14185_-_Web_Decision.pdf-1. engaged in an inappropriate relationship and/or failed to maintain appropriate ./Ramsey__R_14185_-_Web_Decision.pdf- boundaries with Pupil A in that she: ./Ramsey__R_14185_-_Web_Decision.pdf- ./Ramsey__R_14185_-_Web_Decision.pdf- a. became friends with him on Facebook contrary to the school's social media ./Ramsey__R_14185_-_Web_Decision.pdf- policy; ./Ramsey__R_14185_-_Web_Decision.pdf- ./Ramsey__R_14185_-_Web_Decision.pdf- b. was in contact with him by telephone and/or Facebook messages contrary ./Ramsey__R_14185_-_Web_Decision.pdf- to the school's social media policy; ./Ramsey__R_14185_-_Web_Decision.pdf- ./Ramsey__R_14185_-_Web_Decision.pdf- c. kissed him, including: ./Ramsey__R_14185_-_Web_Decision.pdf- ./Ramsey__R_14185_-_Web_Decision.pdf- i. on or around 7 July 2014 at Seaford Golf Club; ./Ramsey__R_14185_-_Web_Decision.pdf- ./Ramsey__R_14185_-_Web_Decision.pdf- ii. on or around 9 July 2014 in her car; ./Ramsey__R_14185_-_Web_Decision.pdf- ./Ramsey__R_14185_-_Web_Decision.pdf- iii. on or around 10 July 2014 in her car; ./Ramsey__R_14185_-_Web_Decision.pdf- ./Ramsey__R_14185_-_Web_Decision.pdf: d. had sexual contact with him including: ./Ramsey__R_14185_-_Web_Decision.pdf- ./Ramsey__R_14185_-_Web_Decision.pdf- i. on or around 9 July in her car; ./Ramsey__R_14185_-_Web_Decision.pdf- ./Ramsey__R_14185_-_Web_Decision.pdf- ii. on or around 10 July 2014 in her car. ./Ramsey__R_14185_-_Web_Decision.pdf- ./Ramsey__R_14185_-_Web_Decision.pdf-2. Uploaded photographs of pupils and published them on her social media account ./Ramsey__R_14185_-_Web_Decision.pdf- contrary to the school's social media policy. ./Ramsey__R_14185_-_Web_Decision.pdf- ./Ramsey__R_14185_-_Web_Decision.pdf-Ms Ramsey admitted the facts of allegations 1(a) to 1(d) and admitted that her conduct ./Ramsey__R_14185_-_Web_Decision.pdf-amounts to failing to maintain appropriate boundaries with Pupil A but denied that she ./Ramsey__R_14185_-_Web_Decision.pdf-engaged in an inappropriate relationship with Pupil A. She denied that she kissed or had ./Ramsey__R_14185_-_Web_Decision.pdf:sexual contact with Pupil A willingly. Ms Ramsey admitted the facts of allegation 2. ./Ramsey__R_14185_-_Web_Decision.pdf- ./Ramsey__R_14185_-_Web_Decision.pdf-Ms Ramsey admitted unacceptable professional conduct and conduct that may bring the ./Ramsey__R_14185_-_Web_Decision.pdf-profession into disrepute in relation to the facts she admitted. ./Ramsey__R_14185_-_Web_Decision.pdf- ./Ramsey__R_14185_-_Web_Decision.pdf- ./Ramsey__R_14185_-_Web_Decision.pdf- ./Ramsey__R_14185_-_Web_Decision.pdf- ./Ramsey__R_14185_-_Web_Decision.pdf- 4 ./Ramsey__R_14185_-_Web_Decision.pdf- -- ./Ramsey__R_14185_-_Web_Decision.pdf-in the public domain. However, the panel considered whether the interests of justice ./Ramsey__R_14185_-_Web_Decision.pdf-could be served in some other way than by excluding the public from all of the hearing ./Ramsey__R_14185_-_Web_Decision.pdf-and in particular whether this case should be considered in part in private, given that Ms ./Ramsey__R_14185_-_Web_Decision.pdf-Wilson has indicated that Ms Ramsey's health would be part of the case. The panel ./Ramsey__R_14185_-_Web_Decision.pdf-decided that the matters raised in relation to Ms Ramsey’s health are such that her right ./Ramsey__R_14185_-_Web_Decision.pdf-to privacy outweighs the public interest and that this interest is best served by the hearing ./Ramsey__R_14185_-_Web_Decision.pdf-going into private session when health issues are to be discussed. The panel asked both ./Ramsey__R_14185_-_Web_Decision.pdf-parties to bear this mind when presenting the case. ./Ramsey__R_14185_-_Web_Decision.pdf- ./Ramsey__R_14185_-_Web_Decision.pdf-In relation to the application made by the presenting officer to treat Pupil A as a ./Ramsey__R_14185_-_Web_Decision.pdf:vulnerable witness, the panel noted that the allegations are of a sexual nature and Pupil ./Ramsey__R_14185_-_Web_Decision.pdf-A is the alleged victim. On that basis, the panel was satisfied that he is a vulnerable ./Ramsey__R_14185_-_Web_Decision.pdf-witness within paragraph 4.71. The panel considered that the special measures ./Ramsey__R_14185_-_Web_Decision.pdf-proposed, being the attendance of a witness supporter are necessary to safeguard the ./Ramsey__R_14185_-_Web_Decision.pdf-interests of Pupil A. The presenting officer applied for Pupil A's evidence to be provided ./Ramsey__R_14185_-_Web_Decision.pdf-in private. The panel decided that it was in the interest of justice for Pupil A to provide the ./Ramsey__R_14185_-_Web_Decision.pdf-panel with his evidence in private as it likely to enhance the quality of Pupil A's evidence. ./Ramsey__R_14185_-_Web_Decision.pdf- ./Ramsey__R_14185_-_Web_Decision.pdf-In summary, the panel rejected the application for the whole of the hearing to be ./Ramsey__R_14185_-_Web_Decision.pdf-conducted in private for the reasons explained. The panel acceded to the presenting ./Ramsey__R_14185_-_Web_Decision.pdf-officer’s application for Pupil A to be treated as a vulnerable witness and for the special -- ./Ramsey__R_14185_-_Web_Decision.pdf-dismissed. The allegations were referred to the local authority via safeguarding ./Ramsey__R_14185_-_Web_Decision.pdf-procedures and reported to the police. No further action was taken by the police. ./Ramsey__R_14185_-_Web_Decision.pdf- ./Ramsey__R_14185_-_Web_Decision.pdf-On 7 July 2014, Ms Ramsey became friends with Pupil A on Facebook and she made ./Ramsey__R_14185_-_Web_Decision.pdf-contact with him by Facebook using a private account to request that he come into ./Ramsey__R_14185_-_Web_Decision.pdf-school that day to collect his achievement folder. On 7 July 2014, Ms Ramsey met with ./Ramsey__R_14185_-_Web_Decision.pdf-Pupil A in her office at the school. She also phoned Pupil A later that day to arrange to ./Ramsey__R_14185_-_Web_Decision.pdf-meet with him again after school and she drove him to a local golf course. Ms Ramsey ./Ramsey__R_14185_-_Web_Decision.pdf-also met Pupil A in her car outside school premises on 9 July 2014 and 10 July 2014. It ./Ramsey__R_14185_-_Web_Decision.pdf-was alleged that Ms Ramsey and Pupil A kissed on the 7, 9 and 10 July 2014 and that on ./Ramsey__R_14185_-_Web_Decision.pdf:9 and 10 July 2014, they had sexual contact. ./Ramsey__R_14185_-_Web_Decision.pdf- ./Ramsey__R_14185_-_Web_Decision.pdf-It was also alleged that on 11 July 2014 Ms Ramsey uploaded photographs taken at the ./Ramsey__R_14185_-_Web_Decision.pdf-school prom to her Facebook account. ./Ramsey__R_14185_-_Web_Decision.pdf- ./Ramsey__R_14185_-_Web_Decision.pdf-In making a determination, the panel has weighed the credibility of the evidence of Pupil ./Ramsey__R_14185_-_Web_Decision.pdf-A against the written evidence provided by Ms Ramsey. In considering this case, the ./Ramsey__R_14185_-_Web_Decision.pdf-panel noted that Ms Ramsey is a person of previous good character. The panel took this ./Ramsey__R_14185_-_Web_Decision.pdf-good character into account as a positive factor when considering her evidence and in ./Ramsey__R_14185_-_Web_Decision.pdf-deciding whether she is less likely than otherwise might be the case to act as alleged. ./Ramsey__R_14185_-_Web_Decision.pdf-The panel also took into account that Ms Ramsey was an experienced teacher, who had -- ./Ramsey__R_14185_-_Web_Decision.pdf:Whilst employed at Seaford Head School, East Sussex you ./Ramsey__R_14185_-_Web_Decision.pdf- ./Ramsey__R_14185_-_Web_Decision.pdf-1. engaged in an inappropriate relationship and/or failed to maintain appropriate ./Ramsey__R_14185_-_Web_Decision.pdf-boundaries with Pupil A in that: ./Ramsey__R_14185_-_Web_Decision.pdf- ./Ramsey__R_14185_-_Web_Decision.pdf-a. you became friends with him on Facebook contrary to the school's social ./Ramsey__R_14185_-_Web_Decision.pdf- media policy; ./Ramsey__R_14185_-_Web_Decision.pdf- ./Ramsey__R_14185_-_Web_Decision.pdf-b. you were in contact with him by telephone and/or Facebook messages ./Ramsey__R_14185_-_Web_Decision.pdf- contrary to the school's social media policy; ./Ramsey__R_14185_-_Web_Decision.pdf- ./Ramsey__R_14185_-_Web_Decision.pdf-c. kissing took place with him, including: ./Ramsey__R_14185_-_Web_Decision.pdf- ./Ramsey__R_14185_-_Web_Decision.pdf- i. on or around 7 July 2014 at or near Seaford Golf Course; ./Ramsey__R_14185_-_Web_Decision.pdf- ./Ramsey__R_14185_-_Web_Decision.pdf- ii. on or around 9 July 2014 in your car; ./Ramsey__R_14185_-_Web_Decision.pdf- ./Ramsey__R_14185_-_Web_Decision.pdf- iii. on or around 10 July 2014 in your car; ./Ramsey__R_14185_-_Web_Decision.pdf- ./Ramsey__R_14185_-_Web_Decision.pdf:d. you had sexual contact with him including: ./Ramsey__R_14185_-_Web_Decision.pdf- ./Ramsey__R_14185_-_Web_Decision.pdf- i. on or around 9 July in your car; ./Ramsey__R_14185_-_Web_Decision.pdf- ./Ramsey__R_14185_-_Web_Decision.pdf- ii. on or around 10 July 2014 in your car. ./Ramsey__R_14185_-_Web_Decision.pdf- ./Ramsey__R_14185_-_Web_Decision.pdf-Ms Ramsey admitted the facts of allegation 1(a), 1(b), 1(c)(i) – (iii) and 1(d)(i) and (ii). ./Ramsey__R_14185_-_Web_Decision.pdf- ./Ramsey__R_14185_-_Web_Decision.pdf-Ms Ramsey also admitted that her conduct amounted to failing to maintain appropriate ./Ramsey__R_14185_-_Web_Decision.pdf-boundaries with Pupil A. The panel found this stem of allegation 1 proven on the basis of ./Ramsey__R_14185_-_Web_Decision.pdf-Ms Ramsey's admissions. -- ./Ramsey__R_14185_-_Web_Decision.pdf-Ramsey in her office on 7 July 2014 and she asked him out after school. Pupil A met with ./Ramsey__R_14185_-_Web_Decision.pdf-Ms Ramsey after school and she drove him to Seaford Golf Club where they went for a ./Ramsey__R_14185_-_Web_Decision.pdf-walk. She told him that she liked him and they kissed. The language that he used ./Ramsey__R_14185_-_Web_Decision.pdf-described the kiss as consensual. He continued to meet with Ms Ramsey and they ./Ramsey__R_14185_-_Web_Decision.pdf-kissed on other occasions. Pupil A also told us that it was Ms Ramsey who instigated the ./Ramsey__R_14185_-_Web_Decision.pdf:sexual activity that occurred. He described that he and Ms Ramsey went walking around ./Ramsey__R_14185_-_Web_Decision.pdf:Crawley holding hands after the sexual contact on 10 July 2014. Pupil A stated that "it ./Ramsey__R_14185_-_Web_Decision.pdf-was both ways for the kissing. I thought it was a relationship. She said she liked me". ./Ramsey__R_14185_-_Web_Decision.pdf- ./Ramsey__R_14185_-_Web_Decision.pdf-The panel considered all of the evidence. The panel treated the hearsay evidence ./Ramsey__R_14185_-_Web_Decision.pdf-including opinion evidence contained within the bundle with caution and carefully ./Ramsey__R_14185_-_Web_Decision.pdf-considered the weight to attach to it. The panel did not consider that the hearsay ./Ramsey__R_14185_-_Web_Decision.pdf-evidence corroborated Ms Ramsey's account of the contact between her and Pupil A. ./Ramsey__R_14185_-_Web_Decision.pdf-The only witnesses to the events described were Ms Ramsey and Pupil A and the panel ./Ramsey__R_14185_-_Web_Decision.pdf-had to determine which of their accounts it preferred. The panel attached greatest weight ./Ramsey__R_14185_-_Web_Decision.pdf-to the oral evidence provided to it by Pupil A, for the reasons provided above. In addition, ./Ramsey__R_14185_-_Web_Decision.pdf-the panel noted that Pupil A gave a consistent and more credible account of the -- ./Ramsey__R_14185_-_Web_Decision.pdf-period. The panel did not find Ms Ramsey's reasons for making repeated contact with ./Ramsey__R_14185_-_Web_Decision.pdf-Pupil A to be credible bearing in mind her experience and knowledge of the pupil. ./Ramsey__R_14185_-_Web_Decision.pdf- ./Ramsey__R_14185_-_Web_Decision.pdf-By her own account Ms Ramey had initiated contact with Pupil A via Facebook on 7 July ./Ramsey__R_14185_-_Web_Decision.pdf-2014 and went on to meet with him on three separate occasions out of school. This ./Ramsey__R_14185_-_Web_Decision.pdf-included driving him around in her car alone. There were also inconsistencies in Ms ./Ramsey__R_14185_-_Web_Decision.pdf-Ramsey's written evidence, as highlighted by the presenting officer, which neither the ./Ramsey__R_14185_-_Web_Decision.pdf-panel nor he had been able to test in questioning. ./Ramsey__R_14185_-_Web_Decision.pdf- ./Ramsey__R_14185_-_Web_Decision.pdf-The panel were not persuaded that the medical information provided by Ms Ramsey was ./Ramsey__R_14185_-_Web_Decision.pdf:relevant to the nature of the sexual contact that took place nor did it give weight to the ./Ramsey__R_14185_-_Web_Decision.pdf-"myths and facts" document at pages 237 to 238 of the bundle as it had not been able to ./Ramsey__R_14185_-_Web_Decision.pdf-explore this with Ms Ramsey nor did it have any expert evidence before it linking this ./Ramsey__R_14185_-_Web_Decision.pdf-document to Ms Ramsey's evidence. ./Ramsey__R_14185_-_Web_Decision.pdf- ./Ramsey__R_14185_-_Web_Decision.pdf-In conclusion, the panel preferred the evidence of Pupil A and found this account more ./Ramsey__R_14185_-_Web_Decision.pdf-plausible. On the balance of probabilities the panel believed that this account of the ./Ramsey__R_14185_-_Web_Decision.pdf- ./Ramsey__R_14185_-_Web_Decision.pdf- 10 ./Ramsey__R_14185_-_Web_Decision.pdf- -- ./Ramsey__R_14185_-_Web_Decision.pdf-contact with Ms Ramsey was more likely than not to have occurred. In particular , the ./Ramsey__R_14185_-_Web_Decision.pdf:panel accepted Pupil A's account of the circumstance of the kissing and sexual contact ./Ramsey__R_14185_-_Web_Decision.pdf-with Ms Ramsey as set out in allegations 1(c) and 1(d) and further accepted his account ./Ramsey__R_14185_-_Web_Decision.pdf-of the developing relationship between them, which started when Ms Ramsey's initiated ./Ramsey__R_14185_-_Web_Decision.pdf-contact via a Facebook friend request. The panel finds that Ms Ramsey was a willing ./Ramsey__R_14185_-_Web_Decision.pdf-participant and that the facts of allegations 1(a), 1(b), 1(c)(i) – (iii) and 1(d)(i) and (ii), ./Ramsey__R_14185_-_Web_Decision.pdf-constituted engagement in an inappropriate relationship with a pupil. ./Ramsey__R_14185_-_Web_Decision.pdf- ./Ramsey__R_14185_-_Web_Decision.pdf-The panel found the stem of allegation 1 proven. ./Ramsey__R_14185_-_Web_Decision.pdf- ./Ramsey__R_14185_-_Web_Decision.pdf-Therefore, the panel found the facts of allegation 1 proven in its entirety. ./Ramsey__R_14185_-_Web_Decision.pdf- -- ./Ramsey__R_14185_-_Web_Decision.pdf-by taking Pupil A out in her car. ./Ramsey__R_14185_-_Web_Decision.pdf- ./Ramsey__R_14185_-_Web_Decision.pdf-The panel notes that allegations 1 and 2 took place outside of the education setting. ./Ramsey__R_14185_-_Web_Decision.pdf-However, in relation to allegation 1, the panel was satisfied that Ms Ramsey's conduct ./Ramsey__R_14185_-_Web_Decision.pdf-led to pupils being exposed to or influenced by the behaviour in a harmful way, in ./Ramsey__R_14185_-_Web_Decision.pdf-particular pupils were aware of the relationship as evidenced by the reporting of ./Ramsey__R_14185_-_Web_Decision.pdf-allegations to a member of teaching staff in September 2014. ./Ramsey__R_14185_-_Web_Decision.pdf- ./Ramsey__R_14185_-_Web_Decision.pdf-The panel has also considered whether Ms Ramsey's conduct displayed behaviours ./Ramsey__R_14185_-_Web_Decision.pdf-associated with any of the offences listed on pages 8 and 9 of the Advice. The panel has ./Ramsey__R_14185_-_Web_Decision.pdf:found that the offence of sexual activity is relevant. ./Ramsey__R_14185_-_Web_Decision.pdf- ./Ramsey__R_14185_-_Web_Decision.pdf-The Advice indicates that where behaviours associated with such an offence exist, a ./Ramsey__R_14185_-_Web_Decision.pdf-panel is likely to conclude that an individual’s conduct would amount to unacceptable ./Ramsey__R_14185_-_Web_Decision.pdf-professional conduct. ./Ramsey__R_14185_-_Web_Decision.pdf- ./Ramsey__R_14185_-_Web_Decision.pdf-Accordingly, the panel is satisfied that Ms Ramsey is guilty of unacceptable professional ./Ramsey__R_14185_-_Web_Decision.pdf-conduct. ./Ramsey__R_14185_-_Web_Decision.pdf- ./Ramsey__R_14185_-_Web_Decision.pdf-In relation to whether Ms Ramsey's actions constitute conduct that may bring the ./Ramsey__R_14185_-_Web_Decision.pdf-profession into disrepute: -- ./Ramsey__R_14185_-_Web_Decision.pdf-  the protection of pupils; ./Ramsey__R_14185_-_Web_Decision.pdf- ./Ramsey__R_14185_-_Web_Decision.pdf-  the protection of other members of the public; ./Ramsey__R_14185_-_Web_Decision.pdf- ./Ramsey__R_14185_-_Web_Decision.pdf-  the maintenance of public confidence in the profession; ./Ramsey__R_14185_-_Web_Decision.pdf- ./Ramsey__R_14185_-_Web_Decision.pdf-  declaring and upholding proper standards of conduct. ./Ramsey__R_14185_-_Web_Decision.pdf- ./Ramsey__R_14185_-_Web_Decision.pdf-In light of the panel’s findings against Ms Ramsey which involved engaging in an ./Ramsey__R_14185_-_Web_Decision.pdf-inappropriate relationship with a pupil and failing to maintain appropriate boundaries, we ./Ramsey__R_14185_-_Web_Decision.pdf:have found that kissing and contact of a sexual nature took place. There is a strong ./Ramsey__R_14185_-_Web_Decision.pdf-public interest consideration in respect of the protection of pupils given the serious ./Ramsey__R_14185_-_Web_Decision.pdf-findings of an inappropriate relationship with a child. ./Ramsey__R_14185_-_Web_Decision.pdf- ./Ramsey__R_14185_-_Web_Decision.pdf-Similarly, the panel considers that public confidence in the profession could be seriously ./Ramsey__R_14185_-_Web_Decision.pdf-weakened if conduct such as that found against Ms Ramsey were not treated with the ./Ramsey__R_14185_-_Web_Decision.pdf-utmost seriousness when regulating the conduct of the profession. ./Ramsey__R_14185_-_Web_Decision.pdf- ./Ramsey__R_14185_-_Web_Decision.pdf-The panel considered that a strong public interest consideration in declaring proper ./Ramsey__R_14185_-_Web_Decision.pdf-standards of conduct in the profession was also present as the conduct found against Ms ./Ramsey__R_14185_-_Web_Decision.pdf-Ramsey was outside that which could reasonably be tolerated. -- ./Ramsey__R_14185_-_Web_Decision.pdf-considerations both in favour of, and against prohibition, as well as the interests of Ms ./Ramsey__R_14185_-_Web_Decision.pdf-Ramsey. The panel took further account of the Advice, which suggests that a prohibition ./Ramsey__R_14185_-_Web_Decision.pdf-order may be appropriate if certain behaviours of a teacher have been proven. In the list ./Ramsey__R_14185_-_Web_Decision.pdf-of such behaviours, those that are relevant in this case are: ./Ramsey__R_14185_-_Web_Decision.pdf- ./Ramsey__R_14185_-_Web_Decision.pdf-  serious departure from the personal and professional conduct elements of the ./Ramsey__R_14185_-_Web_Decision.pdf- Teachers’ Standards; ./Ramsey__R_14185_-_Web_Decision.pdf-  misconduct seriously affecting the education and/or well-being of pupils, and ./Ramsey__R_14185_-_Web_Decision.pdf- particularly where there is a continuing risk; ./Ramsey__R_14185_-_Web_Decision.pdf-  abuse of position of trust or violation of the rights of pupils; ./Ramsey__R_14185_-_Web_Decision.pdf:  sexual misconduct, involving actions of a sexual nature and use of the trust, ./Ramsey__R_14185_-_Web_Decision.pdf- knowledge or influence derived from the individual’s professional position. ./Ramsey__R_14185_-_Web_Decision.pdf-Even though there were behaviours that would point to a prohibition order being ./Ramsey__R_14185_-_Web_Decision.pdf-appropriate, the panel went on to consider whether or not there were sufficient mitigating ./Ramsey__R_14185_-_Web_Decision.pdf-factors to militate against a prohibition order being an appropriate and proportionate ./Ramsey__R_14185_-_Web_Decision.pdf-measure to impose, particularly taking into account the nature and severity of Ms ./Ramsey__R_14185_-_Web_Decision.pdf-Ramsey's behaviour in this case. ./Ramsey__R_14185_-_Web_Decision.pdf- ./Ramsey__R_14185_-_Web_Decision.pdf-The panel did not accept Ms Ramsey's account that she was acting under duress and ./Ramsey__R_14185_-_Web_Decision.pdf:was a victim of a sexual assault by Pupil A. In fact the panel found her to be a willing ./Ramsey__R_14185_-_Web_Decision.pdf-participant in that she initiated and facilitated the development of the relationship. The ./Ramsey__R_14185_-_Web_Decision.pdf-panel are satisfied that Ms Ramsey's actions were deliberate. ./Ramsey__R_14185_-_Web_Decision.pdf- ./Ramsey__R_14185_-_Web_Decision.pdf-The panel noted that Ms Ramsey did have a previously good work history. The panel ./Ramsey__R_14185_-_Web_Decision.pdf-were provided with evidence of her effectiveness in her professional role in the hearing ./Ramsey__R_14185_-_Web_Decision.pdf-bundle. However, the panel were not satisfied that this mitigated the seriousness of Ms ./Ramsey__R_14185_-_Web_Decision.pdf-Ramsey's conduct. ./Ramsey__R_14185_-_Web_Decision.pdf- ./Ramsey__R_14185_-_Web_Decision.pdf-The panel is of the view that prohibition is both proportionate and appropriate. The panel ./Ramsey__R_14185_-_Web_Decision.pdf-has decided that the public interest considerations outweigh the interests of Ms Ramsey. -- ./Ramsey__R_14185_-_Web_Decision.pdf-to have the prohibition order reviewed after a specified period of time that may not be ./Ramsey__R_14185_-_Web_Decision.pdf-less than 2 years. ./Ramsey__R_14185_-_Web_Decision.pdf- ./Ramsey__R_14185_-_Web_Decision.pdf-The Advice indicates that there are behaviours that, if proven, would militate against a ./Ramsey__R_14185_-_Web_Decision.pdf:review period being recommended. These behaviours include serious sexual ./Ramsey__R_14185_-_Web_Decision.pdf-misconduct. The panel has found factors in Ms Ramsey's behaviour that are incompatible ./Ramsey__R_14185_-_Web_Decision.pdf-with being a teacher and has set out the behaviours relevant in this case above. ./Ramsey__R_14185_-_Web_Decision.pdf- ./Ramsey__R_14185_-_Web_Decision.pdf-In the light of the panel's finding of fact in this case, it noted that Ms Ramsey's ./Ramsey__R_14185_-_Web_Decision.pdf-expressions of remorse and regret related to her account as a victim, which the panel did ./Ramsey__R_14185_-_Web_Decision.pdf-not find credible. Ms Ramsey failed to recognise the impact of her actions on Pupil A and ./Ramsey__R_14185_-_Web_Decision.pdf-the potential impact on other pupils. The panel did not consider that she has ./Ramsey__R_14185_-_Web_Decision.pdf-demonstrated any insight into the continuing impact of her conduct on Pupil A. ./Ramsey__R_14185_-_Web_Decision.pdf- ./Ramsey__R_14185_-_Web_Decision.pdf-The panel determined that a review period would not be appropriate and as such decided -- ./Ramsey__R_14185_-_Web_Decision.pdf-also taken into account the need to balance the public interest with the individual ./Ramsey__R_14185_-_Web_Decision.pdf-interests of Ms Ramsey. I have also taken into account the need to be proportionate. ./Ramsey__R_14185_-_Web_Decision.pdf- ./Ramsey__R_14185_-_Web_Decision.pdf-In this case the behaviours that have been found proven and that are relevant are: ./Ramsey__R_14185_-_Web_Decision.pdf- ./Ramsey__R_14185_-_Web_Decision.pdf-  serious departure from the personal and professional conduct elements of the ./Ramsey__R_14185_-_Web_Decision.pdf- Teachers’ Standards; ./Ramsey__R_14185_-_Web_Decision.pdf-  misconduct seriously affecting the education and/or well-being of pupils, and ./Ramsey__R_14185_-_Web_Decision.pdf- particularly where there is a continuing risk; ./Ramsey__R_14185_-_Web_Decision.pdf-  abuse of position of trust or violation of the rights of pupils; ./Ramsey__R_14185_-_Web_Decision.pdf:  sexual misconduct, involving actions of a sexual nature and use of the trust, ./Ramsey__R_14185_-_Web_Decision.pdf- knowledge or influence derived from the individual’s professional position. ./Ramsey__R_14185_-_Web_Decision.pdf-For the reasons set out I support the recommendation of the panel that Ms Ramsey be ./Ramsey__R_14185_-_Web_Decision.pdf-prohibited from teaching. ./Ramsey__R_14185_-_Web_Decision.pdf- ./Ramsey__R_14185_-_Web_Decision.pdf-I turn next to the matter of a review period. Once again I have weighed the public interest ./Ramsey__R_14185_-_Web_Decision.pdf-and the interests of Ms Ramsey and have taken into account the need to be ./Ramsey__R_14185_-_Web_Decision.pdf-proportionate. ./Ramsey__R_14185_-_Web_Decision.pdf- ./Ramsey__R_14185_-_Web_Decision.pdf-I have taken into consideration the mitigation that was put forward on behalf of Ms ./Ramsey__R_14185_-_Web_Decision.pdf-Ramsey. I note the comments of the panel that “Ms Ramsey did have a previously good ./Rashid_Mohammed_12560-_SoS_decision_for_Web.pdf- a. Said to Pupil A: ./Rashid_Mohammed_12560-_SoS_decision_for_Web.pdf- i. in reference to a gash in his hand, “that brings a whole new meaning ./Rashid_Mohammed_12560-_SoS_decision_for_Web.pdf- to hand job doesn’t it, Pupil A”, or words to that effect, ./Rashid_Mohammed_12560-_SoS_decision_for_Web.pdf- ii. On one or more occasions commented on / referred to Pupil A’s ./Rashid_Mohammed_12560-_SoS_decision_for_Web.pdf- breast(s) and / or bra, ./Rashid_Mohammed_12560-_SoS_decision_for_Web.pdf- iii. Offered Pupil A money to show him her breasts, ./Rashid_Mohammed_12560-_SoS_decision_for_Web.pdf- iv. Asked Pupil A if she had a bruise or a bite on her breast; ./Rashid_Mohammed_12560-_SoS_decision_for_Web.pdf- v. Asked Pupil A to remove a scarf which was covering her bruise and / ./Rashid_Mohammed_12560-_SoS_decision_for_Web.pdf- or said “I’ll move your scarf and have a look for myself”, or words to ./Rashid_Mohammed_12560-_SoS_decision_for_Web.pdf- that effect, ./Rashid_Mohammed_12560-_SoS_decision_for_Web.pdf: b. On one or more occasions discussed or attempted to discuss Pupil A’s sex ./Rashid_Mohammed_12560-_SoS_decision_for_Web.pdf- life with her; ./Rashid_Mohammed_12560-_SoS_decision_for_Web.pdf- c. On one or more occasions asked Pupil A to expose parts of her body to ./Rashid_Mohammed_12560-_SoS_decision_for_Web.pdf- show him her: ./Rashid_Mohammed_12560-_SoS_decision_for_Web.pdf- i. operation scars, ./Rashid_Mohammed_12560-_SoS_decision_for_Web.pdf- ii. tattoo(s), ./Rashid_Mohammed_12560-_SoS_decision_for_Web.pdf- d. On one or more occasions whilst conducting a class touched or attempted ./Rashid_Mohammed_12560-_SoS_decision_for_Web.pdf- to touch Pupil A's breast(s) and / or thigh(s); ./Rashid_Mohammed_12560-_SoS_decision_for_Web.pdf- e. On one or more occasions gave Pupil A a hug; ./Rashid_Mohammed_12560-_SoS_decision_for_Web.pdf- f. Signed Pupil A’s t-shirt on the breast whilst she was wearing it; ./Rashid_Mohammed_12560-_SoS_decision_for_Web.pdf- g. At the school prom: -- ./Rashid_Mohammed_12560-_SoS_decision_for_Web.pdf-3. On one or more occasions said to pupils in his class: ./Rashid_Mohammed_12560-_SoS_decision_for_Web.pdf- a. “I got laid last night’, or words to that effect, ./Rashid_Mohammed_12560-_SoS_decision_for_Web.pdf- b. In reference to a female teacher, “If only I had her over this table,” or words ./Rashid_Mohammed_12560-_SoS_decision_for_Web.pdf- to that effect, ./Rashid_Mohammed_12560-_SoS_decision_for_Web.pdf- c. In reference to his girlfriend, said “she sent me some right naughty pics” or ./Rashid_Mohammed_12560-_SoS_decision_for_Web.pdf- words to that effect, ./Rashid_Mohammed_12560-_SoS_decision_for_Web.pdf: d. “Would you have sex in the snow?”, or words to that effect, ./Rashid_Mohammed_12560-_SoS_decision_for_Web.pdf- e. “Your mum is fit, I’d love to shag your mum”, or words to that effect, ./Rashid_Mohammed_12560-_SoS_decision_for_Web.pdf- f. “I shagged your mum last night,” or words to that effect, ./Rashid_Mohammed_12560-_SoS_decision_for_Web.pdf: g. When asked whether the person he had sex with was a pupil he said “that ./Rashid_Mohammed_12560-_SoS_decision_for_Web.pdf- would be telling” or words to that effect; ./Rashid_Mohammed_12560-_SoS_decision_for_Web.pdf- ./Rashid_Mohammed_12560-_SoS_decision_for_Web.pdf-4. His actions set out at 1, 2 and / or 3 above were: ./Rashid_Mohammed_12560-_SoS_decision_for_Web.pdf- a. Inappropriate ./Rashid_Mohammed_12560-_SoS_decision_for_Web.pdf- b. Sexually explicit; ./Rashid_Mohammed_12560-_SoS_decision_for_Web.pdf- ./Rashid_Mohammed_12560-_SoS_decision_for_Web.pdf:5. In respect of charges 1 and / or 2 his actions were sexually motivated. ./Rashid_Mohammed_12560-_SoS_decision_for_Web.pdf- ./Rashid_Mohammed_12560-_SoS_decision_for_Web.pdf-It was noted that, on the basis of Mr Rashid’s statement at page 203 of the bundle, there ./Rashid_Mohammed_12560-_SoS_decision_for_Web.pdf-appeared to be an admission in relation to Allegation 3(f), a partial admission in relation ./Rashid_Mohammed_12560-_SoS_decision_for_Web.pdf-to Allegatoin 4(a) (although in relation to what aspects of behaviour was unclear, and an ./Rashid_Mohammed_12560-_SoS_decision_for_Web.pdf-admission of Allegation 4(b) as far as it related to Allegation 3(f). In all other respects Mr ./Rashid_Mohammed_12560-_SoS_decision_for_Web.pdf-Rashid was taken to have denied the allegations. ./Rashid_Mohammed_12560-_SoS_decision_for_Web.pdf- ./Rashid_Mohammed_12560-_SoS_decision_for_Web.pdf-In his absence Mr Rashid was taken to have denied that his conduct amounted to ./Rashid_Mohammed_12560-_SoS_decision_for_Web.pdf-unacceptable professional conduct or conduct that may bring the profession into ./Rashid_Mohammed_12560-_SoS_decision_for_Web.pdf-disrepute. -- ./Rashid_Mohammed_12560-_SoS_decision_for_Web.pdf- ./Rashid_Mohammed_12560-_SoS_decision_for_Web.pdf-Mr Rashid had been employed at Hanson School Bradford (‘the School’) since ./Rashid_Mohammed_12560-_SoS_decision_for_Web.pdf-September 2004 as a teacher. It was alleged that between September 2008 and January ./Rashid_Mohammed_12560-_SoS_decision_for_Web.pdf-2011 in relation to Pupil A, he said to Pupil A, in reference to a gash in his hand, “that ./Rashid_Mohammed_12560-_SoS_decision_for_Web.pdf-brings a whole new meaning to hand job doesn’t it, Pupil A”, or words to that effect. It ./Rashid_Mohammed_12560-_SoS_decision_for_Web.pdf-was alleged that on one or more occasions he commented on / referred to Pupil A’s ./Rashid_Mohammed_12560-_SoS_decision_for_Web.pdf-breast(s) and / or bra, that he offered Pupil A money to show him her breasts, and that he ./Rashid_Mohammed_12560-_SoS_decision_for_Web.pdf-asked Pupil A if she had a bruise or a bite on her breast, that he asked Pupil A to remove ./Rashid_Mohammed_12560-_SoS_decision_for_Web.pdf-a scarf which was covering her bruise and / or said “I’ll move your scarf and have a look ./Rashid_Mohammed_12560-_SoS_decision_for_Web.pdf-for myself”, or words to that effect. It was alleged that on one or more occasions he ./Rashid_Mohammed_12560-_SoS_decision_for_Web.pdf:discussed or attempted to discuss Pupil A’s sex life with her. It was alleged that he asked ./Rashid_Mohammed_12560-_SoS_decision_for_Web.pdf-Pupil A to expose parts of her body, that on one or more occasions whilst conducting a ./Rashid_Mohammed_12560-_SoS_decision_for_Web.pdf-class he touched or attempted to touch Pupil A's breast(s) and / or thigh(s), that on one ./Rashid_Mohammed_12560-_SoS_decision_for_Web.pdf-or more occasions he gave Pupil A a hug, that he signed Pupil A’s t-shirt on the breast ./Rashid_Mohammed_12560-_SoS_decision_for_Web.pdf-whilst she was wearing it, and that, at the school prom, he put his hand just above Pupil ./Rashid_Mohammed_12560-_SoS_decision_for_Web.pdf-A's lower back and / or bottom, and that he commented that he could see her breasts. ./Rashid_Mohammed_12560-_SoS_decision_for_Web.pdf- ./Rashid_Mohammed_12560-_SoS_decision_for_Web.pdf- 8 ./Rashid_Mohammed_12560-_SoS_decision_for_Web.pdf- -- ./Rashid_Mohammed_12560-_SoS_decision_for_Web.pdf-referring to touching Pupil B’s breasts, said “what would you do if my hands would ./Rashid_Mohammed_12560-_SoS_decision_for_Web.pdf-happen to slip”, or words to that effect. It was said that, referring to Pupil B’s breasts, he ./Rashid_Mohammed_12560-_SoS_decision_for_Web.pdf-said, “they are big, aren’t they”, or words to that effect. It was alleged that he said to her ./Rashid_Mohammed_12560-_SoS_decision_for_Web.pdf-“I hope you are not texting dirty messages… it’s not fair I haven’t got no dirty messages”, ./Rashid_Mohammed_12560-_SoS_decision_for_Web.pdf-or words to that effect, “I want you to take a few topless photos and I want you to show ./Rashid_Mohammed_12560-_SoS_decision_for_Web.pdf-me the phone tomorrow and I’ll give you a pass on your GCSE”, or words to that effect, ./Rashid_Mohammed_12560-_SoS_decision_for_Web.pdf-and “Are you hot in that top”, or words to that effect. It was alleged that Mr Rashid ./Rashid_Mohammed_12560-_SoS_decision_for_Web.pdf-touched Pupil B's breast(s) in his office, told Pupil B not to tell anyone that he had ./Rashid_Mohammed_12560-_SoS_decision_for_Web.pdf-touched her breast(s), on one or more occasions, and offered to hug Pupil B. ./Rashid_Mohammed_12560-_SoS_decision_for_Web.pdf- ./Rashid_Mohammed_12560-_SoS_decision_for_Web.pdf:It was alleged that all of the aforementioned conduct was sexually motivated. ./Rashid_Mohammed_12560-_SoS_decision_for_Web.pdf- ./Rashid_Mohammed_12560-_SoS_decision_for_Web.pdf-It was alleged that, on one or more occasions he said to pupils in his class: “I got laid last ./Rashid_Mohammed_12560-_SoS_decision_for_Web.pdf-night, or words to that effect. In reference to a female teacher, “If only I had her over this ./Rashid_Mohammed_12560-_SoS_decision_for_Web.pdf-table,” or words to that effect, and, in reference to his girlfriend, said “she sent me some ./Rashid_Mohammed_12560-_SoS_decision_for_Web.pdf-right naughty pics” or words to that effect. It was alleged that he also said “Would you ./Rashid_Mohammed_12560-_SoS_decision_for_Web.pdf:have sex in the snow?”, or words to that effect, “Your mum is fit, I’d love to shag your ./Rashid_Mohammed_12560-_SoS_decision_for_Web.pdf-mum”, or words to that effect, “I shagged your mum last night,” or words to that effect, ./Rashid_Mohammed_12560-_SoS_decision_for_Web.pdf:and when asked whether the person he had sex with was a pupil, that he said “that would ./Rashid_Mohammed_12560-_SoS_decision_for_Web.pdf-be telling” or words to that effect. ./Rashid_Mohammed_12560-_SoS_decision_for_Web.pdf- ./Rashid_Mohammed_12560-_SoS_decision_for_Web.pdf:It was alleged that all of Mr Rashid’s alleged actions were inappropriate and sexually ./Rashid_Mohammed_12560-_SoS_decision_for_Web.pdf-explicit. ./Rashid_Mohammed_12560-_SoS_decision_for_Web.pdf- ./Rashid_Mohammed_12560-_SoS_decision_for_Web.pdf- ./Rashid_Mohammed_12560-_SoS_decision_for_Web.pdf- ./Rashid_Mohammed_12560-_SoS_decision_for_Web.pdf-Findings of fact ./Rashid_Mohammed_12560-_SoS_decision_for_Web.pdf-The panel’s findings of fact are as follows: ./Rashid_Mohammed_12560-_SoS_decision_for_Web.pdf- ./Rashid_Mohammed_12560-_SoS_decision_for_Web.pdf- 1. Between September 2008 and January 2011 in relation to Pupil A, you: ./Rashid_Mohammed_12560-_SoS_decision_for_Web.pdf- a. Said to Pupil A: ./Rashid_Mohammed_12560-_SoS_decision_for_Web.pdf- -- ./Rashid_Mohammed_12560-_SoS_decision_for_Web.pdf-120) that Pupil A and her mother had at one stage told him ‘it was all made up’ and that ./Rashid_Mohammed_12560-_SoS_decision_for_Web.pdf-she wanted to take the accusations back. Overall, having considered her oral and written ./Rashid_Mohammed_12560-_SoS_decision_for_Web.pdf-evidence in the round the panel were not satisfied as to the credibility of Pupil A’s ./Rashid_Mohammed_12560-_SoS_decision_for_Web.pdf-account in relation to this incident. Given the passage of time and the inconsistencies in ./Rashid_Mohammed_12560-_SoS_decision_for_Web.pdf-the accounts provided, the panel were not satisfied these allegations had been proved on ./Rashid_Mohammed_12560-_SoS_decision_for_Web.pdf-the balance of probabilities. ./Rashid_Mohammed_12560-_SoS_decision_for_Web.pdf- ./Rashid_Mohammed_12560-_SoS_decision_for_Web.pdf- ./Rashid_Mohammed_12560-_SoS_decision_for_Web.pdf- ./Rashid_Mohammed_12560-_SoS_decision_for_Web.pdf- b. On one or more occasions discussed or attempted to discuss Pupil ./Rashid_Mohammed_12560-_SoS_decision_for_Web.pdf: A’s sex life with her; ./Rashid_Mohammed_12560-_SoS_decision_for_Web.pdf- ./Rashid_Mohammed_12560-_SoS_decision_for_Web.pdf- ./Rashid_Mohammed_12560-_SoS_decision_for_Web.pdf- ./Rashid_Mohammed_12560-_SoS_decision_for_Web.pdf-This was referred to in Pupil A’s police interview at page 45, where she stated that ‘Mr ./Rashid_Mohammed_12560-_SoS_decision_for_Web.pdf:Rashid would ask me about my sex life and what I had done sexually. I told him to ‘Shut ./Rashid_Mohammed_12560-_SoS_decision_for_Web.pdf-up’ and I laughed it off’. No mention of the issue, however, was made in her statement to ./Rashid_Mohammed_12560-_SoS_decision_for_Web.pdf-the NCTL. She stated in oral evidence that she had asked for certain elements to be ./Rashid_Mohammed_12560-_SoS_decision_for_Web.pdf-removed from her NCTL statement because she could not now remember them. She ./Rashid_Mohammed_12560-_SoS_decision_for_Web.pdf:stated to the panel that she recalled discussions with the class generally, but that her sex ./Rashid_Mohammed_12560-_SoS_decision_for_Web.pdf-life was never discussed. ./Rashid_Mohammed_12560-_SoS_decision_for_Web.pdf- ./Rashid_Mohammed_12560-_SoS_decision_for_Web.pdf-Mr Rashid’s account (page 200) was that he recalled listening to Pupil A talk about her ./Rashid_Mohammed_12560-_SoS_decision_for_Web.pdf-personal problems whilst he was marking books or planning lessons. He was clear, ./Rashid_Mohammed_12560-_SoS_decision_for_Web.pdf-however, that she was there to work and not talk about her personal life. He stated that ./Rashid_Mohammed_12560-_SoS_decision_for_Web.pdf-the alleged conduct ‘simply did not happen’. ./Rashid_Mohammed_12560-_SoS_decision_for_Web.pdf- ./Rashid_Mohammed_12560-_SoS_decision_for_Web.pdf-Having considered the evidence carefully, the panel was concerned about the ./Rashid_Mohammed_12560-_SoS_decision_for_Web.pdf-inconsistent recollections of Pupil A. In view of the statement by Pupil A in oral evidence ./Rashid_Mohammed_12560-_SoS_decision_for_Web.pdf:that her sex life was not discussed, and given the evidence of Individual C that she had ./Rashid_Mohammed_12560-_SoS_decision_for_Web.pdf-at one stage retracted her allegations, the panel was not satisfied on the basis of the ./Rashid_Mohammed_12560-_SoS_decision_for_Web.pdf-evidence presented that the burden of proof had been discharged. The panel has ./Rashid_Mohammed_12560-_SoS_decision_for_Web.pdf-therefore found this allegation not proved. ./Rashid_Mohammed_12560-_SoS_decision_for_Web.pdf- ./Rashid_Mohammed_12560-_SoS_decision_for_Web.pdf- 12 ./Rashid_Mohammed_12560-_SoS_decision_for_Web.pdf- -- ./Rashid_Mohammed_12560-_SoS_decision_for_Web.pdf-3. On one or more occasions said to pupils in your class: ./Rashid_Mohammed_12560-_SoS_decision_for_Web.pdf- ./Rashid_Mohammed_12560-_SoS_decision_for_Web.pdf- a. “I got laid last night”, or words to that effect, ./Rashid_Mohammed_12560-_SoS_decision_for_Web.pdf- ./Rashid_Mohammed_12560-_SoS_decision_for_Web.pdf- b. In reference to a female teacher, “If only I had her over this table,” or ./Rashid_Mohammed_12560-_SoS_decision_for_Web.pdf- words to that effect, ./Rashid_Mohammed_12560-_SoS_decision_for_Web.pdf- ./Rashid_Mohammed_12560-_SoS_decision_for_Web.pdf- c. In reference to your girlfriend, said “she sent me some right naughty ./Rashid_Mohammed_12560-_SoS_decision_for_Web.pdf- pics” or words to that effect ./Rashid_Mohammed_12560-_SoS_decision_for_Web.pdf- ./Rashid_Mohammed_12560-_SoS_decision_for_Web.pdf: d. “Would you have sex in the snow?”, or words to that effect, ./Rashid_Mohammed_12560-_SoS_decision_for_Web.pdf- ./Rashid_Mohammed_12560-_SoS_decision_for_Web.pdf- e “Your mum is fit, I’d love to shag your mum”, or words to that effect, ./Rashid_Mohammed_12560-_SoS_decision_for_Web.pdf- ./Rashid_Mohammed_12560-_SoS_decision_for_Web.pdf: g When asked whether the person you had sex with was a pupil you ./Rashid_Mohammed_12560-_SoS_decision_for_Web.pdf- said “that would be telling” or words to that effect; ./Rashid_Mohammed_12560-_SoS_decision_for_Web.pdf- ./Rashid_Mohammed_12560-_SoS_decision_for_Web.pdf- ./Rashid_Mohammed_12560-_SoS_decision_for_Web.pdf- ./Rashid_Mohammed_12560-_SoS_decision_for_Web.pdf-The panel has considered each of these particulars carefully. The panel set their decision ./Rashid_Mohammed_12560-_SoS_decision_for_Web.pdf-on (a) to (e) and (g) together. ./Rashid_Mohammed_12560-_SoS_decision_for_Web.pdf- ./Rashid_Mohammed_12560-_SoS_decision_for_Web.pdf-The evidence for the use of the phrases in (a) and (b) were found in the police interview ./Rashid_Mohammed_12560-_SoS_decision_for_Web.pdf-of Pupil A in 2012, at page 45 of the bundle. She stated that Mr Rashid ‘would talk about ./Rashid_Mohammed_12560-_SoS_decision_for_Web.pdf:his sex life and would say ‘I got laid last night’, and that, referring to a female teacher, he ./Rashid_Mohammed_12560-_SoS_decision_for_Web.pdf-stated ‘if only I had her over this table’. Mr Rashid denied both allegations and stated that ./Rashid_Mohammed_12560-_SoS_decision_for_Web.pdf-another member of staff would have been present and would have heard the statements ./Rashid_Mohammed_12560-_SoS_decision_for_Web.pdf-if they had been made. ./Rashid_Mohammed_12560-_SoS_decision_for_Web.pdf- ./Rashid_Mohammed_12560-_SoS_decision_for_Web.pdf-The evidence for (c) was found in the initial handwritten statement of Pupil A, at page 33- ./Rashid_Mohammed_12560-_SoS_decision_for_Web.pdf-34 of the bundle. She stated that Mr Rashid’s girlfriend rang him and when he got off the ./Rashid_Mohammed_12560-_SoS_decision_for_Web.pdf-phone to her he said ‘she sent me some right naughty pics yesterday’. Pupil A said that ./Rashid_Mohammed_12560-_SoS_decision_for_Web.pdf-she had responded ‘that’s disgusting, I didn’t need to know that’. Mr Rashid denied the ./Rashid_Mohammed_12560-_SoS_decision_for_Web.pdf-allegation and stated that he could not have said this because he was not in a ./Rashid_Mohammed_12560-_SoS_decision_for_Web.pdf-relationship at the relevant time. -- ./Rashid_Mohammed_12560-_SoS_decision_for_Web.pdf-Allegation (g) was again based on the statement of Pupil A at page 46. Mr Rashid denied ./Rashid_Mohammed_12560-_SoS_decision_for_Web.pdf-making the comment (page 203) and stated that another teacher would have been ./Rashid_Mohammed_12560-_SoS_decision_for_Web.pdf-present in the classroom at the time. ./Rashid_Mohammed_12560-_SoS_decision_for_Web.pdf- ./Rashid_Mohammed_12560-_SoS_decision_for_Web.pdf-The panel noted that Pupil A’s statement, about these comments, was made a significant ./Rashid_Mohammed_12560-_SoS_decision_for_Web.pdf-period after her departure from the School. Other than in relation to (c), there was no ./Rashid_Mohammed_12560-_SoS_decision_for_Web.pdf-mention of the comments in her handwritten statement made in 2010, when she was at ./Rashid_Mohammed_12560-_SoS_decision_for_Web.pdf-the School. ./Rashid_Mohammed_12560-_SoS_decision_for_Web.pdf- ./Rashid_Mohammed_12560-_SoS_decision_for_Web.pdf-The panel heard evidence from a number of witnesses, including Pupil A, Pupil B and ./Rashid_Mohammed_12560-_SoS_decision_for_Web.pdf:Witness A to the effect that Mr Rashid used sexualised banter in conversation with the ./Rashid_Mohammed_12560-_SoS_decision_for_Web.pdf-class. The panel were satisfied that this was the case. The panel was not satisfied, ./Rashid_Mohammed_12560-_SoS_decision_for_Web.pdf-however, that it had sufficient evidence before it to reach a conclusion on the balance of ./Rashid_Mohammed_12560-_SoS_decision_for_Web.pdf-probabilities to conclude that the particular terms identified at 3 a, b, d, e, and g, or words ./Rashid_Mohammed_12560-_SoS_decision_for_Web.pdf-to that effect, were used. These allegations are therefore found not proved. ./Rashid_Mohammed_12560-_SoS_decision_for_Web.pdf- ./Rashid_Mohammed_12560-_SoS_decision_for_Web.pdf-In relation to allegation 3(c), in view of the fact that this is specifically referred to by Pupil ./Rashid_Mohammed_12560-_SoS_decision_for_Web.pdf-A in her 2010 statement, the panel was satisfied on the balance of probabilities that it had ./Rashid_Mohammed_12560-_SoS_decision_for_Web.pdf-occurred. Allegation 3(c) is therefore found proved. ./Rashid_Mohammed_12560-_SoS_decision_for_Web.pdf- ./Rashid_Mohammed_12560-_SoS_decision_for_Web.pdf- -- ./Rashid_Mohammed_12560-_SoS_decision_for_Web.pdf- b. Sexually explicit; ./Rashid_Mohammed_12560-_SoS_decision_for_Web.pdf- ./Rashid_Mohammed_12560-_SoS_decision_for_Web.pdf-The panel considered that the actions in respect of allegations 1(a)(i), 3(c) and 3(f) were ./Rashid_Mohammed_12560-_SoS_decision_for_Web.pdf:sexually explicit, given the nature and content of the comments made. ./Rashid_Mohammed_12560-_SoS_decision_for_Web.pdf- ./Rashid_Mohammed_12560-_SoS_decision_for_Web.pdf-For the same reasons set out above in relation to allegation 4(a), the panel did not ./Rashid_Mohammed_12560-_SoS_decision_for_Web.pdf-consider the actions in respect of the remainder of the allegations found proved to be ./Rashid_Mohammed_12560-_SoS_decision_for_Web.pdf:sexually explicit. ./Rashid_Mohammed_12560-_SoS_decision_for_Web.pdf- ./Rashid_Mohammed_12560-_SoS_decision_for_Web.pdf-Allegation 4(b) is therefore found proved in relation to allegations 1(a)(i), 3(c) and 3(f) ./Rashid_Mohammed_12560-_SoS_decision_for_Web.pdf-only. ./Rashid_Mohammed_12560-_SoS_decision_for_Web.pdf- ./Rashid_Mohammed_12560-_SoS_decision_for_Web.pdf- ./Rashid_Mohammed_12560-_SoS_decision_for_Web.pdf- ./Rashid_Mohammed_12560-_SoS_decision_for_Web.pdf:5. In respect of charges 1 and / or 2 your actions were sexually motivated. ./Rashid_Mohammed_12560-_SoS_decision_for_Web.pdf- ./Rashid_Mohammed_12560-_SoS_decision_for_Web.pdf- ./Rashid_Mohammed_12560-_SoS_decision_for_Web.pdf- ./Rashid_Mohammed_12560-_SoS_decision_for_Web.pdf-The panel considered carefully whether the actions found proved in relation to allegations ./Rashid_Mohammed_12560-_SoS_decision_for_Web.pdf:1 and 2 were sexually motivated. Whilst the panel has found that Mr Rashid’s actions in ./Rashid_Mohammed_12560-_SoS_decision_for_Web.pdf:relation to allegation 1(a)(i) were sexually explicit, the panel does not consider that the ./Rashid_Mohammed_12560-_SoS_decision_for_Web.pdf:motivation for Mr Rashid’s comments was sexual either on the objective grounds or on an ./Rashid_Mohammed_12560-_SoS_decision_for_Web.pdf-assessment of Mr Rashid’s subjective intent. ./Rashid_Mohammed_12560-_SoS_decision_for_Web.pdf- ./Rashid_Mohammed_12560-_SoS_decision_for_Web.pdf-The panel concluded that Mr Rashid’s comment regarding Pupil A’s bra, referred to at ./Rashid_Mohammed_12560-_SoS_decision_for_Web.pdf-allegation 1(a)(ii), was motivated by concern regarding her inappropriate dress. The ./Rashid_Mohammed_12560-_SoS_decision_for_Web.pdf:panel is satisfied that this was not sexually motivated. ./Rashid_Mohammed_12560-_SoS_decision_for_Web.pdf- ./Rashid_Mohammed_12560-_SoS_decision_for_Web.pdf-Similarly, the panel did not consider that the hug given to Pupil A, or the offer of a hug to ./Rashid_Mohammed_12560-_SoS_decision_for_Web.pdf:Pupil B (allegations 1(e) and allegation 2(d)) were sexually motivated. We have already ./Rashid_Mohammed_12560-_SoS_decision_for_Web.pdf-set out that we consider them to have been not inappropriate in the specific contexts and ./Rashid_Mohammed_12560-_SoS_decision_for_Web.pdf:we do not consider that any ordinary person would consider his motivation to be sexual, ./Rashid_Mohammed_12560-_SoS_decision_for_Web.pdf-nor that it actually was. ./Rashid_Mohammed_12560-_SoS_decision_for_Web.pdf- ./Rashid_Mohammed_12560-_SoS_decision_for_Web.pdf:The panel does not consider that the action under allegation 2(a)(vi) was sexually ./Rashid_Mohammed_12560-_SoS_decision_for_Web.pdf-motivated. As indicated above, the panel considers it more likely than not that it was an ./Rashid_Mohammed_12560-_SoS_decision_for_Web.pdf-innocent comment made with reference to the temperature in the classroom. ./Rashid_Mohammed_12560-_SoS_decision_for_Web.pdf- ./Rashid_Mohammed_12560-_SoS_decision_for_Web.pdf-In summary, allegation 5 is found not proved on the balance of probabilities. ./Rashid_Mohammed_12560-_SoS_decision_for_Web.pdf- ./Rashid_Mohammed_12560-_SoS_decision_for_Web.pdf- ./Rashid_Mohammed_12560-_SoS_decision_for_Web.pdf- ./Rashid_Mohammed_12560-_SoS_decision_for_Web.pdf- ./Rashid_Mohammed_12560-_SoS_decision_for_Web.pdf- 23 ./Rashid_Mohammed_12560-_SoS_decision_for_Web.pdf- -- ./Rashid_Mohammed_12560-_SoS_decision_for_Web.pdf-measure, and whether it is in the public interest to do so. Prohibition orders should not be ./Rashid_Mohammed_12560-_SoS_decision_for_Web.pdf-given in order to be punitive, or to show that blame has been apportioned, although they ./Rashid_Mohammed_12560-_SoS_decision_for_Web.pdf-are likely to have punitive effect. ./Rashid_Mohammed_12560-_SoS_decision_for_Web.pdf- ./Rashid_Mohammed_12560-_SoS_decision_for_Web.pdf-The panel has considered the particular public interest considerations set out in the ./Rashid_Mohammed_12560-_SoS_decision_for_Web.pdf-Advice and having done so has found a number of them to be relevant in this case, ./Rashid_Mohammed_12560-_SoS_decision_for_Web.pdf-namely: the protection of pupils, the maintenance of public confidence in the profession ./Rashid_Mohammed_12560-_SoS_decision_for_Web.pdf-and declaring and upholding proper standards of conduct. ./Rashid_Mohammed_12560-_SoS_decision_for_Web.pdf- ./Rashid_Mohammed_12560-_SoS_decision_for_Web.pdf-In light of the panel’s findings against Mr Rashid, which included three instances of ./Rashid_Mohammed_12560-_SoS_decision_for_Web.pdf:inappropriate and sexually explicit remarks made in discussion with pupils, there is a ./Rashid_Mohammed_12560-_SoS_decision_for_Web.pdf-public interest consideration in respect of the protection of pupils. Similarly, the panel ./Rashid_Mohammed_12560-_SoS_decision_for_Web.pdf-considers that public confidence in the profession could be weakened if conduct such as ./Rashid_Mohammed_12560-_SoS_decision_for_Web.pdf-that found against Mr Rashid was not treated seriously when regulating the conduct of ./Rashid_Mohammed_12560-_SoS_decision_for_Web.pdf-the profession. ./Rashid_Mohammed_12560-_SoS_decision_for_Web.pdf- ./Rashid_Mohammed_12560-_SoS_decision_for_Web.pdf-The panel considered that a public interest consideration in declaring proper standards of ./Rashid_Mohammed_12560-_SoS_decision_for_Web.pdf-conduct in the profession was also present as the conduct found against Mr Rashid was ./Rashid_Mohammed_12560-_SoS_decision_for_Web.pdf-outside that which could reasonably be tolerated. ./Rashid_Mohammed_12560-_SoS_decision_for_Web.pdf- ./Rashid_Mohammed_12560-_SoS_decision_for_Web.pdf-Notwithstanding the clear public interest considerations that were present, the panel -- ./Rashid_Mohammed_12560-_SoS_decision_for_Web.pdf-  serious departure from the personal and professional conduct elements of the ./Rashid_Mohammed_12560-_SoS_decision_for_Web.pdf- Teachers’ Standards; ./Rashid_Mohammed_12560-_SoS_decision_for_Web.pdf-  sustained or serious bullying, or other deliberate behaviour that undermines ./Rashid_Mohammed_12560-_SoS_decision_for_Web.pdf- pupils, the profession, the school or colleagues – in that the panel considers Mr ./Rashid_Mohammed_12560-_SoS_decision_for_Web.pdf- Rashid to have risked undermining pupils by his example through the use of ./Rashid_Mohammed_12560-_SoS_decision_for_Web.pdf: inappropriate and sexually explicit references ./Rashid_Mohammed_12560-_SoS_decision_for_Web.pdf- ./Rashid_Mohammed_12560-_SoS_decision_for_Web.pdf- ./Rashid_Mohammed_12560-_SoS_decision_for_Web.pdf-Even though there were behaviours that would point to a prohibition order being ./Rashid_Mohammed_12560-_SoS_decision_for_Web.pdf-appropriate, the panel went on to consider whether or not there were sufficient mitigating ./Rashid_Mohammed_12560-_SoS_decision_for_Web.pdf-factors to militate against a prohibition order being an appropriate and proportionate ./Rashid_Mohammed_12560-_SoS_decision_for_Web.pdf-measure to impose, particularly taking into account the nature and severity of the ./Rashid_Mohammed_12560-_SoS_decision_for_Web.pdf-behaviour in this case. There was no evidence that the teacher’s actions were not ./Rashid_Mohammed_12560-_SoS_decision_for_Web.pdf-deliberate. There was no evidence to suggest that the teacher was acting under duress. ./Rashid_Mohammed_12560-_SoS_decision_for_Web.pdf-Nevertheless, the panel was told by Witness B in her oral evidence that safeguarding ./Rashid_Mohammed_12560-_SoS_decision_for_Web.pdf-procedures and training were lacking at the School at the relevant time. Further, the -- ./Rashid_Mohammed_12560-_SoS_decision_for_Web.pdf-I have also noted that for all the allegations found proved, the panel is satisfied that the ./Rashid_Mohammed_12560-_SoS_decision_for_Web.pdf-conduct of Mr Rashid in relation to allegation 1(a)(i), 3(c), 3(f) and 4, involved breaches of ./Rashid_Mohammed_12560-_SoS_decision_for_Web.pdf-the Teachers’ Standards. ./Rashid_Mohammed_12560-_SoS_decision_for_Web.pdf- ./Rashid_Mohammed_12560-_SoS_decision_for_Web.pdf-I note the panel has considered the particular public interest considerations set out in the ./Rashid_Mohammed_12560-_SoS_decision_for_Web.pdf-Advice, and having done so has found a number of them to be relevant in this case, ./Rashid_Mohammed_12560-_SoS_decision_for_Web.pdf-namely: the protection of pupils, the maintenance of public confidence in the profession ./Rashid_Mohammed_12560-_SoS_decision_for_Web.pdf-and declaring and upholding proper standards of conduct. ./Rashid_Mohammed_12560-_SoS_decision_for_Web.pdf- ./Rashid_Mohammed_12560-_SoS_decision_for_Web.pdf-I agree with the panel that in light of the panel’s findings against Mr Rashid, which ./Rashid_Mohammed_12560-_SoS_decision_for_Web.pdf:included three instances of inappropriate and sexually explicit remarks made in ./Rashid_Mohammed_12560-_SoS_decision_for_Web.pdf-discussion with pupils, there is a public interest consideration in respect of the protection ./Rashid_Mohammed_12560-_SoS_decision_for_Web.pdf-of pupils. ./Rashid_Mohammed_12560-_SoS_decision_for_Web.pdf- ./Rashid_Mohammed_12560-_SoS_decision_for_Web.pdf-I note that the panel found that Mr Rashid is in breach of the following Teachers’ ./Rashid_Mohammed_12560-_SoS_decision_for_Web.pdf-Standards: ./Rashid_Mohammed_12560-_SoS_decision_for_Web.pdf- ./Rashid_Mohammed_12560-_SoS_decision_for_Web.pdf-  Teachers uphold public trust in the profession and maintain high standards of ./Rashid_Mohammed_12560-_SoS_decision_for_Web.pdf- ethics and behaviour, within and outside school, by: ./Rashid_Mohammed_12560-_SoS_decision_for_Web.pdf- o treating pupils with dignity, building relationships rooted in mutual respect, and ./Rashid_Mohammed_12560-_SoS_decision_for_Web.pdf- at all times observing proper boundaries appropriate to a teacher’s ./Regester_Kevin_SOS_decision.pdf- themselves to piss off. One little scrote…" (page 38); and ./Regester_Kevin_SOS_decision.pdf- ./Regester_Kevin_SOS_decision.pdf- • "Yesterday was about ripping new cunts & arseholes. Today: ripping off heads & ./Regester_Kevin_SOS_decision.pdf- shitting down necks! All in the name of education" (page 41). ./Regester_Kevin_SOS_decision.pdf- ./Regester_Kevin_SOS_decision.pdf-The panel also noted a number of photographs that Mr Regester had used on his page, ./Regester_Kevin_SOS_decision.pdf-the photographs portraying: ./Regester_Kevin_SOS_decision.pdf- ./Regester_Kevin_SOS_decision.pdf- • A group of men appearing to be Muslim and holding, apparently photo-shopped ./Regester_Kevin_SOS_decision.pdf- placards stating, amongst other things, "Fuck it! I want a ham sandwich", "I love ./Regester_Kevin_SOS_decision.pdf: pork pies" and "Bum sex is very naughty"; and ./Regester_Kevin_SOS_decision.pdf- ./Regester_Kevin_SOS_decision.pdf- • A slogan stating "What’s the difference between cigarettes and Islamic Jihadists? ./Regester_Kevin_SOS_decision.pdf- You can only get 200 cigarettes into the UK before the authorities start asking ./Regester_Kevin_SOS_decision.pdf- questions" (page 35). ./Regester_Kevin_SOS_decision.pdf- ./Regester_Kevin_SOS_decision.pdf-For the purposes of this allegation, as Mr Regester had published these photographs ./Regester_Kevin_SOS_decision.pdf-showing the comments, the panel determined he had also 'made' the comments. The ./Regester_Kevin_SOS_decision.pdf-panel also determined that 'offensive' and 'racist' would be defined by the standard, ./Regester_Kevin_SOS_decision.pdf-English definition using the panel's own knowledge of generally appropriate language. ./Regester_Kevin_SOS_decision.pdf- ./Revised_Web_Decison_-_Bell_David_James_for_WEB_3.0.pdf-It was alleged that Mr Bell was guilty of unacceptable professional conduct and/or conduct that ./Revised_Web_Decison_-_Bell_David_James_for_WEB_3.0.pdf-may bring the profession into disrepute, in that: ./Revised_Web_Decison_-_Bell_David_James_for_WEB_3.0.pdf- ./Revised_Web_Decison_-_Bell_David_James_for_WEB_3.0.pdf- 1. Whilst employed as a Teacher “The school” you engaged in inappropriate ./Revised_Web_Decison_-_Bell_David_James_for_WEB_3.0.pdf- behaviour in that: ./Revised_Web_Decison_-_Bell_David_James_for_WEB_3.0.pdf- ./Revised_Web_Decison_-_Bell_David_James_for_WEB_3.0.pdf- a. On or around the night of 1 September 2018, you: ./Revised_Web_Decison_-_Bell_David_James_for_WEB_3.0.pdf- ./Revised_Web_Decison_-_Bell_David_James_for_WEB_3.0.pdf- i. Bought drinks for Individual A, a female former student, and her ./Revised_Web_Decison_-_Bell_David_James_for_WEB_3.0.pdf- friends and got drunk with them; ./Revised_Web_Decison_-_Bell_David_James_for_WEB_3.0.pdf: ii. Made sexually suggestive comments about Individual A; ./Revised_Web_Decison_-_Bell_David_James_for_WEB_3.0.pdf- iii. Kissed Individual A; ./Revised_Web_Decison_-_Bell_David_James_for_WEB_3.0.pdf- iv. Touched Individual A intimately; ./Revised_Web_Decison_-_Bell_David_James_for_WEB_3.0.pdf- v. Contacted Individual A via Facetime and invited her to your house. ./Revised_Web_Decison_-_Bell_David_James_for_WEB_3.0.pdf- ./Revised_Web_Decison_-_Bell_David_James_for_WEB_3.0.pdf- b. On or around 2 September 2018, you: ./Revised_Web_Decison_-_Bell_David_James_for_WEB_3.0.pdf- ./Revised_Web_Decison_-_Bell_David_James_for_WEB_3.0.pdf: i. made sexual advances towards Individual A; and ./Revised_Web_Decison_-_Bell_David_James_for_WEB_3.0.pdf: ii. had sexual intercourse with Individual A at your house. ./Revised_Web_Decison_-_Bell_David_James_for_WEB_3.0.pdf- ./Revised_Web_Decison_-_Bell_David_James_for_WEB_3.0.pdf- c. On or around 3 September 2018, you told Individual A what to say to the ./Revised_Web_Decison_-_Bell_David_James_for_WEB_3.0.pdf- School should they investigate the matter. ./Revised_Web_Decison_-_Bell_David_James_for_WEB_3.0.pdf- ./Revised_Web_Decison_-_Bell_David_James_for_WEB_3.0.pdf- d. On or around 3 September 2018, you misled the School about the extent ./Revised_Web_Decison_-_Bell_David_James_for_WEB_3.0.pdf- of the events which may be found proven at allegation 1(a), and ./Revised_Web_Decison_-_Bell_David_James_for_WEB_3.0.pdf- (b) above. ./Revised_Web_Decison_-_Bell_David_James_for_WEB_3.0.pdf- ./Revised_Web_Decison_-_Bell_David_James_for_WEB_3.0.pdf: e. On or around 3 November 2018, you sent a series of sexually explicit ./Revised_Web_Decison_-_Bell_David_James_for_WEB_3.0.pdf- messages to Individual A. ./Revised_Web_Decison_-_Bell_David_James_for_WEB_3.0.pdf- ./Revised_Web_Decison_-_Bell_David_James_for_WEB_3.0.pdf- f. On or around 5 November 2018, you sent messages to Individual A asking her ./Revised_Web_Decison_-_Bell_David_James_for_WEB_3.0.pdf- not to tell anyone what had happened. ./Revised_Web_Decison_-_Bell_David_James_for_WEB_3.0.pdf- ./Revised_Web_Decison_-_Bell_David_James_for_WEB_3.0.pdf- 2. Your behaviour as may be found proven at allegation 1, took place in ./Revised_Web_Decison_-_Bell_David_James_for_WEB_3.0.pdf- circumstances whereby you knew or ought to have known that Individual ./Revised_Web_Decison_-_Bell_David_James_for_WEB_3.0.pdf- A had been a [Redacted] student. ./Revised_Web_Decison_-_Bell_David_James_for_WEB_3.0.pdf- ./Revised_Web_Decison_-_Bell_David_James_for_WEB_3.0.pdf- 3. Your behaviour as may be found proven at allegation 1 (a)(1-v), (b) and ./Revised_Web_Decison_-_Bell_David_James_for_WEB_3.0.pdf: (e) was conduct of a sexual nature and/or was sexually motivated. ./Revised_Web_Decison_-_Bell_David_James_for_WEB_3.0.pdf- ./Revised_Web_Decison_-_Bell_David_James_for_WEB_3.0.pdf- 4. Your behaviour as may be found proven at allegation 1(c), (d) and (f) ./Revised_Web_Decison_-_Bell_David_James_for_WEB_3.0.pdf- demonstrated a lack of integrity and/or was dishonest. ./Revised_Web_Decison_-_Bell_David_James_for_WEB_3.0.pdf- ./Revised_Web_Decison_-_Bell_David_James_for_WEB_3.0.pdf- ./Revised_Web_Decison_-_Bell_David_James_for_WEB_3.0.pdf- ./Revised_Web_Decison_-_Bell_David_James_for_WEB_3.0.pdf- ./Revised_Web_Decison_-_Bell_David_James_for_WEB_3.0.pdf- 4 ./Revised_Web_Decison_-_Bell_David_James_for_WEB_3.0.pdf- -- ./Revised_Web_Decison_-_Bell_David_James_for_WEB_3.0.pdf-that he thought that she was attractive. ./Revised_Web_Decison_-_Bell_David_James_for_WEB_3.0.pdf- ./Revised_Web_Decison_-_Bell_David_James_for_WEB_3.0.pdf-As the evening progressed Mr Bell attended another venue with the group, more alcohol ./Revised_Web_Decison_-_Bell_David_James_for_WEB_3.0.pdf-was purchased and drunk and Mr Bell behaved in an inappropriate manner in that he ./Revised_Web_Decison_-_Bell_David_James_for_WEB_3.0.pdf-touched Individual A's leg, cuddled her and told her again that she was attractive. Upon ./Revised_Web_Decison_-_Bell_David_James_for_WEB_3.0.pdf-leaving the venue, at a time when Individual A was very intoxicated, Mr Bell pulled her ./Revised_Web_Decison_-_Bell_David_James_for_WEB_3.0.pdf-against a wall, kissed her, touched her bottom and put his hands down her jeans. ./Revised_Web_Decison_-_Bell_David_James_for_WEB_3.0.pdf- ./Revised_Web_Decison_-_Bell_David_James_for_WEB_3.0.pdf-Mr Bell then went home but in the early hours of 2 September 2018, he contacted ./Revised_Web_Decison_-_Bell_David_James_for_WEB_3.0.pdf-Individual A on text and Facetime and invited her to come to his house. Individual A ./Revised_Web_Decison_-_Bell_David_James_for_WEB_3.0.pdf:attended his house and she and Mr Bell then had sexual intercourse on several ./Revised_Web_Decison_-_Bell_David_James_for_WEB_3.0.pdf-occasions. ./Revised_Web_Decison_-_Bell_David_James_for_WEB_3.0.pdf- ./Revised_Web_Decison_-_Bell_David_James_for_WEB_3.0.pdf-As a result of a post on Snapchat of a photograph of Mr Bell having drinks with Individual ./Revised_Web_Decison_-_Bell_David_James_for_WEB_3.0.pdf-A and others on 1 September 2018, the School opened an investigation. On 3 ./Revised_Web_Decison_-_Bell_David_James_for_WEB_3.0.pdf-September 2018 Mr Bell was invited a to a meeting with the [redacted], Individual B, ./Revised_Web_Decison_-_Bell_David_James_for_WEB_3.0.pdf-during which he gave an account to the effect that he had seen the students in the pub ./Revised_Web_Decison_-_Bell_David_James_for_WEB_3.0.pdf-by chance, had not bought them any drinks and had been in their company for around an ./Revised_Web_Decison_-_Bell_David_James_for_WEB_3.0.pdf-hour before going home. Following this meeting, Mr Bell was issued with a letter of ./Revised_Web_Decison_-_Bell_David_James_for_WEB_3.0.pdf-management advice and no further disciplinary action was taken. ./Revised_Web_Decison_-_Bell_David_James_for_WEB_3.0.pdf- -- ./Revised_Web_Decison_-_Bell_David_James_for_WEB_3.0.pdf-On 3 November 2018 Mr Bell sent a series of messages to Individual A, some of which ./Revised_Web_Decison_-_Bell_David_James_for_WEB_3.0.pdf:were of a sexually explicit nature. Moreover, within the dialogue he sought to persuade ./Revised_Web_Decison_-_Bell_David_James_for_WEB_3.0.pdf-Individual A not to divulge what had happened between them. On 5 November 2018 Mr ./Revised_Web_Decison_-_Bell_David_James_for_WEB_3.0.pdf-Bell telephoned Individual A and attempted to dissuade her from saying what had ./Revised_Web_Decison_-_Bell_David_James_for_WEB_3.0.pdf-occurred. ./Revised_Web_Decison_-_Bell_David_James_for_WEB_3.0.pdf- ./Revised_Web_Decison_-_Bell_David_James_for_WEB_3.0.pdf-On 5 November 2018 Individual A reported what had happened to another teacher and ./Revised_Web_Decison_-_Bell_David_James_for_WEB_3.0.pdf-on 6 November 2018 Mr Bell resigned. ./Revised_Web_Decison_-_Bell_David_James_for_WEB_3.0.pdf- ./Revised_Web_Decison_-_Bell_David_James_for_WEB_3.0.pdf- ./Revised_Web_Decison_-_Bell_David_James_for_WEB_3.0.pdf-Findings of fact ./Revised_Web_Decison_-_Bell_David_James_for_WEB_3.0.pdf- -- ./Revised_Web_Decison_-_Bell_David_James_for_WEB_3.0.pdf-particulars of allegations proven on the basis of the admissions. ./Revised_Web_Decison_-_Bell_David_James_for_WEB_3.0.pdf- ./Revised_Web_Decison_-_Bell_David_James_for_WEB_3.0.pdf- 1. Whilst employed as a Teacher at A school in the Northeast ./Revised_Web_Decison_-_Bell_David_James_for_WEB_3.0.pdf- of England "the school" you engaged in inappropriate ./Revised_Web_Decison_-_Bell_David_James_for_WEB_3.0.pdf- behaviour in that: ./Revised_Web_Decison_-_Bell_David_James_for_WEB_3.0.pdf- ./Revised_Web_Decison_-_Bell_David_James_for_WEB_3.0.pdf- a. On or around the night of 1 September 2018, you: ./Revised_Web_Decison_-_Bell_David_James_for_WEB_3.0.pdf- ./Revised_Web_Decison_-_Bell_David_James_for_WEB_3.0.pdf- i. Bought drinks for Individual A, a female former student, and her ./Revised_Web_Decison_-_Bell_David_James_for_WEB_3.0.pdf- friends and got drunk with them; ./Revised_Web_Decison_-_Bell_David_James_for_WEB_3.0.pdf: ii. Made sexually suggestive comments about Individual A; ./Revised_Web_Decison_-_Bell_David_James_for_WEB_3.0.pdf- iii. Kissed Individual A; ./Revised_Web_Decison_-_Bell_David_James_for_WEB_3.0.pdf- iv. Touched Individual A intimately; ./Revised_Web_Decison_-_Bell_David_James_for_WEB_3.0.pdf- v. Contacted Individual A via Facetime and invited her to your ./Revised_Web_Decison_-_Bell_David_James_for_WEB_3.0.pdf- house. ./Revised_Web_Decison_-_Bell_David_James_for_WEB_3.0.pdf- ./Revised_Web_Decison_-_Bell_David_James_for_WEB_3.0.pdf- b. On or around 2 September 2018, you: ./Revised_Web_Decison_-_Bell_David_James_for_WEB_3.0.pdf- ./Revised_Web_Decison_-_Bell_David_James_for_WEB_3.0.pdf: i. made sexual advances towards Individual A; and ./Revised_Web_Decison_-_Bell_David_James_for_WEB_3.0.pdf: ii. had sexual intercourse with Individual A at your house. ./Revised_Web_Decison_-_Bell_David_James_for_WEB_3.0.pdf- ./Revised_Web_Decison_-_Bell_David_James_for_WEB_3.0.pdf-In relation to allegations 1a i to v and 1b i to ii. as well as accepting Mr Bell's admissions, ./Revised_Web_Decison_-_Bell_David_James_for_WEB_3.0.pdf-the panel had regard to the email from Individual A dated 5 November 2018 at pages 61 ./Revised_Web_Decison_-_Bell_David_James_for_WEB_3.0.pdf-to 62 in which the events of the evening of 1 and 2 September 2018 are described. The ./Revised_Web_Decison_-_Bell_David_James_for_WEB_3.0.pdf-panel has also taken into account the messages at pages 66 and 67. ./Revised_Web_Decison_-_Bell_David_James_for_WEB_3.0.pdf- ./Revised_Web_Decison_-_Bell_David_James_for_WEB_3.0.pdf- c. On or around 3 September 2018, you told Individual A what to say to ./Revised_Web_Decison_-_Bell_David_James_for_WEB_3.0.pdf- the School should they investigate the matter. ./Revised_Web_Decison_-_Bell_David_James_for_WEB_3.0.pdf- ./Revised_Web_Decison_-_Bell_David_James_for_WEB_3.0.pdf-In respect of allegation 1c, the panel, as well as accepting Mr Bell's admission, had -- ./Revised_Web_Decison_-_Bell_David_James_for_WEB_3.0.pdf- d. On or around 3 September 2018, you misled the School about the ./Revised_Web_Decison_-_Bell_David_James_for_WEB_3.0.pdf- extent of the events which may be found proven at allegation 1(a), and ./Revised_Web_Decison_-_Bell_David_James_for_WEB_3.0.pdf- (b) above. ./Revised_Web_Decison_-_Bell_David_James_for_WEB_3.0.pdf- ./Revised_Web_Decison_-_Bell_David_James_for_WEB_3.0.pdf-With regard to allegation 1d, the panel, as well as accepting Mr Bell's admission, had ./Revised_Web_Decison_-_Bell_David_James_for_WEB_3.0.pdf-regard to the evidence of Individual B at page 19. ./Revised_Web_Decison_-_Bell_David_James_for_WEB_3.0.pdf- ./Revised_Web_Decison_-_Bell_David_James_for_WEB_3.0.pdf: e. On or around 3 November 2018, you sent a series of sexually ./Revised_Web_Decison_-_Bell_David_James_for_WEB_3.0.pdf- explicit messages to Individual A. ./Revised_Web_Decison_-_Bell_David_James_for_WEB_3.0.pdf- ./Revised_Web_Decison_-_Bell_David_James_for_WEB_3.0.pdf-In relation to allegation 1e, the panel, as well as accepting Mr Bell's admission, had ./Revised_Web_Decison_-_Bell_David_James_for_WEB_3.0.pdf-regard to the aforementioned email from Individual A dated 5 November 2018 at pages ./Revised_Web_Decison_-_Bell_David_James_for_WEB_3.0.pdf-61 to 62. The panel has also taken into account the messages at pages 70 to 77. ./Revised_Web_Decison_-_Bell_David_James_for_WEB_3.0.pdf-[Redacted]. ./Revised_Web_Decison_-_Bell_David_James_for_WEB_3.0.pdf- ./Revised_Web_Decison_-_Bell_David_James_for_WEB_3.0.pdf- f. On or around 5 November 2018, you sent messages to Individual A ./Revised_Web_Decison_-_Bell_David_James_for_WEB_3.0.pdf- asking her not to tell anyone what had happened. ./Revised_Web_Decison_-_Bell_David_James_for_WEB_3.0.pdf- -- ./Revised_Web_Decison_-_Bell_David_James_for_WEB_3.0.pdf- circumstances whereby you knew or ought to have known that Individual A had ./Revised_Web_Decison_-_Bell_David_James_for_WEB_3.0.pdf- been a [redacted] student. ./Revised_Web_Decison_-_Bell_David_James_for_WEB_3.0.pdf- ./Revised_Web_Decison_-_Bell_David_James_for_WEB_3.0.pdf- ./Revised_Web_Decison_-_Bell_David_James_for_WEB_3.0.pdf-In respect of allegation 2, the panel, as well as accepting Mr Bell's admission, had regard ./Revised_Web_Decison_-_Bell_David_James_for_WEB_3.0.pdf-to the evidence within Individual B’s statement as to [redacted] and [redacted]. The panel ./Revised_Web_Decison_-_Bell_David_James_for_WEB_3.0.pdf-also considered that Mr Bell had been Individual A’s [redacted]. Therefore, Mr Bell would ./Revised_Web_Decison_-_Bell_David_James_for_WEB_3.0.pdf-have been aware of her [redacted]. ./Revised_Web_Decison_-_Bell_David_James_for_WEB_3.0.pdf- ./Revised_Web_Decison_-_Bell_David_James_for_WEB_3.0.pdf- 3. Your behaviour as may be found proven at allegation 1 (a)(i-v), (b) and (e) ./Revised_Web_Decison_-_Bell_David_James_for_WEB_3.0.pdf: was conduct of a sexual nature and/or was sexually motivated. ./Revised_Web_Decison_-_Bell_David_James_for_WEB_3.0.pdf- ./Revised_Web_Decison_-_Bell_David_James_for_WEB_3.0.pdf:With regard to allegation 3, the panel was satisfied that the conduct was of a sexual ./Revised_Web_Decison_-_Bell_David_James_for_WEB_3.0.pdf:nature and that it was sexually motivated. The panel felt that there was no other ./Revised_Web_Decison_-_Bell_David_James_for_WEB_3.0.pdf:reasonable explanation for this conduct except that it was sexually motivated. ./Revised_Web_Decison_-_Bell_David_James_for_WEB_3.0.pdf- ./Revised_Web_Decison_-_Bell_David_James_for_WEB_3.0.pdf- 4. Your behaviour as may be found proven at allegation 1(c), (d) and (f) ./Revised_Web_Decison_-_Bell_David_James_for_WEB_3.0.pdf- demonstrated a lack of integrity and/or was dishonest. ./Revised_Web_Decison_-_Bell_David_James_for_WEB_3.0.pdf- ./Revised_Web_Decison_-_Bell_David_James_for_WEB_3.0.pdf-In relation to allegation 4 insofar as it relates to allegations 1c and 1f, the panel found that ./Revised_Web_Decison_-_Bell_David_James_for_WEB_3.0.pdf-this conduct was lacking in integrity. By seeking to influence what Individual A said to the ./Revised_Web_Decison_-_Bell_David_James_for_WEB_3.0.pdf-School, Mr Bell's actions were highly inappropriate and did not meet the high standards ./Revised_Web_Decison_-_Bell_David_James_for_WEB_3.0.pdf-required of a member of the teaching profession. However, the panel did not consider ./Revised_Web_Decison_-_Bell_David_James_for_WEB_3.0.pdf-that this conduct was dishonest. ./Revised_Web_Decison_-_Bell_David_James_for_WEB_3.0.pdf- 8 -- ./Revised_Web_Decison_-_Bell_David_James_for_WEB_3.0.pdf-expected of the profession. ./Revised_Web_Decison_-_Bell_David_James_for_WEB_3.0.pdf- ./Revised_Web_Decison_-_Bell_David_James_for_WEB_3.0.pdf-The panel also considered whether Mr Bell's conduct displayed behaviours associated ./Revised_Web_Decison_-_Bell_David_James_for_WEB_3.0.pdf-with any of the offences listed on pages 10 and 11 of the Advice. ./Revised_Web_Decison_-_Bell_David_James_for_WEB_3.0.pdf- ./Revised_Web_Decison_-_Bell_David_James_for_WEB_3.0.pdf-The panel found that none of these offences was relevant. ./Revised_Web_Decison_-_Bell_David_James_for_WEB_3.0.pdf- ./Revised_Web_Decison_-_Bell_David_James_for_WEB_3.0.pdf-The panel noted that the Mr Bell's contact with Individual A took place outside of an ./Revised_Web_Decison_-_Bell_David_James_for_WEB_3.0.pdf-education setting to the extent that she had recently left the School. However, the panel ./Revised_Web_Decison_-_Bell_David_James_for_WEB_3.0.pdf-considers that, nevertheless, it was inappropriate for Mr Bell to engage in behaviour of a ./Revised_Web_Decison_-_Bell_David_James_for_WEB_3.0.pdf:sexualised nature with a pupil who had left the School. ./Revised_Web_Decison_-_Bell_David_James_for_WEB_3.0.pdf- ./Revised_Web_Decison_-_Bell_David_James_for_WEB_3.0.pdf-Mr Bell had previously taught Individual A [redacted] so he was aware of her [redacted]. ./Revised_Web_Decison_-_Bell_David_James_for_WEB_3.0.pdf-Moreover, by engaging in this type of behaviour with Individual A, the panel considers ./Revised_Web_Decison_-_Bell_David_James_for_WEB_3.0.pdf- ./Revised_Web_Decison_-_Bell_David_James_for_WEB_3.0.pdf- ./Revised_Web_Decison_-_Bell_David_James_for_WEB_3.0.pdf- ./Revised_Web_Decison_-_Bell_David_James_for_WEB_3.0.pdf- ./Revised_Web_Decison_-_Bell_David_James_for_WEB_3.0.pdf- 9 ./Revised_Web_Decison_-_Bell_David_James_for_WEB_3.0.pdf- -- ./Revised_Web_Decison_-_Bell_David_James_for_WEB_3.0.pdf-protection of pupils and of other members of the public; the maintenance of public ./Revised_Web_Decison_-_Bell_David_James_for_WEB_3.0.pdf-confidence in the profession and declaring and upholding proper standards of conduct. ./Revised_Web_Decison_-_Bell_David_James_for_WEB_3.0.pdf- ./Revised_Web_Decison_-_Bell_David_James_for_WEB_3.0.pdf:Given the panel’s findings against Mr Bell, which involved sexualised behaviour, having ./Revised_Web_Decison_-_Bell_David_James_for_WEB_3.0.pdf:sex with a [redacted] former pupil and dishonestly misleading his employer, there was a ./Revised_Web_Decison_-_Bell_David_James_for_WEB_3.0.pdf-strong public interest consideration in the protection of pupils and ex pupils. ./Revised_Web_Decison_-_Bell_David_James_for_WEB_3.0.pdf- ./Revised_Web_Decison_-_Bell_David_James_for_WEB_3.0.pdf-Similarly, the panel considered that public confidence in the profession could be seriously ./Revised_Web_Decison_-_Bell_David_James_for_WEB_3.0.pdf-undermined if conduct such as that found against Mr Bell was not treated with the utmost ./Revised_Web_Decison_-_Bell_David_James_for_WEB_3.0.pdf-seriousness when regulating the conduct of the profession. ./Revised_Web_Decison_-_Bell_David_James_for_WEB_3.0.pdf- ./Revised_Web_Decison_-_Bell_David_James_for_WEB_3.0.pdf-The panel decided that a strong public interest consideration in declaring proper ./Revised_Web_Decison_-_Bell_David_James_for_WEB_3.0.pdf-standards of conduct in the profession was also present as the conduct found against Mr ./Revised_Web_Decison_-_Bell_David_James_for_WEB_3.0.pdf-Bell was outside that which could reasonably be tolerated. ./Revised_Web_Decison_-_Bell_David_James_for_WEB_3.0.pdf- -- ./Revised_Web_Decison_-_Bell_David_James_for_WEB_3.0.pdf-In carrying out the balancing exercise, the panel had regard to the public interest ./Revised_Web_Decison_-_Bell_David_James_for_WEB_3.0.pdf-considerations both in favour of, and against, prohibition as well as the interests of Mr ./Revised_Web_Decison_-_Bell_David_James_for_WEB_3.0.pdf-Bell. The panel took further account of the Advice, which suggests that a prohibition order ./Revised_Web_Decison_-_Bell_David_James_for_WEB_3.0.pdf-may be appropriate if certain behaviours of a teacher have been proven. In the list of ./Revised_Web_Decison_-_Bell_David_James_for_WEB_3.0.pdf-such behaviours, those that are relevant in this case are: ./Revised_Web_Decison_-_Bell_David_James_for_WEB_3.0.pdf- ./Revised_Web_Decison_-_Bell_David_James_for_WEB_3.0.pdf- serious departure from the personal and professional conduct elements of the ./Revised_Web_Decison_-_Bell_David_James_for_WEB_3.0.pdf- Teachers’ Standards; ./Revised_Web_Decison_-_Bell_David_James_for_WEB_3.0.pdf- dishonesty especially where there have been serious consequences, and/or it has ./Revised_Web_Decison_-_Bell_David_James_for_WEB_3.0.pdf- been repeated and/or covered up; ./Revised_Web_Decison_-_Bell_David_James_for_WEB_3.0.pdf: sexual misconduct e.g. involving actions that were sexually motivated or of a ./Revised_Web_Decison_-_Bell_David_James_for_WEB_3.0.pdf: sexual nature and/or that use or exploit the trust, knowledge or influence derived ./Revised_Web_Decison_-_Bell_David_James_for_WEB_3.0.pdf- from the individual’s professional position; ./Revised_Web_Decison_-_Bell_David_James_for_WEB_3.0.pdf- ./Revised_Web_Decison_-_Bell_David_James_for_WEB_3.0.pdf-Even though some of the behaviour found proven in this case indicated that a prohibition ./Revised_Web_Decison_-_Bell_David_James_for_WEB_3.0.pdf-order would be appropriate, the panel went on to consider the mitigating factors. The ./Revised_Web_Decison_-_Bell_David_James_for_WEB_3.0.pdf-panel considers that there are the following mitigating features: ./Revised_Web_Decison_-_Bell_David_James_for_WEB_3.0.pdf- ./Revised_Web_Decison_-_Bell_David_James_for_WEB_3.0.pdf- No previous disciplinary findings against Mr Bell; ./Revised_Web_Decison_-_Bell_David_James_for_WEB_3.0.pdf- ./Revised_Web_Decison_-_Bell_David_James_for_WEB_3.0.pdf- Admitted the allegations; ./Revised_Web_Decison_-_Bell_David_James_for_WEB_3.0.pdf- -- ./Revised_Web_Decison_-_Bell_David_James_for_WEB_3.0.pdf-would be a sufficient sanction of itself. ./Revised_Web_Decison_-_Bell_David_James_for_WEB_3.0.pdf- ./Revised_Web_Decison_-_Bell_David_James_for_WEB_3.0.pdf-The panel was of the view that, applying the standard of the ordinary intelligent citizen, a ./Revised_Web_Decison_-_Bell_David_James_for_WEB_3.0.pdf-recommendation of no prohibition order would not be a proportionate and appropriate ./Revised_Web_Decison_-_Bell_David_James_for_WEB_3.0.pdf-response. Recommending that the publication of adverse findings was sufficient in the ./Revised_Web_Decison_-_Bell_David_James_for_WEB_3.0.pdf-case would unacceptably compromise the public interest considerations present in this ./Revised_Web_Decison_-_Bell_David_James_for_WEB_3.0.pdf-case, despite the severity of the consequences for the teacher of prohibition. ./Revised_Web_Decison_-_Bell_David_James_for_WEB_3.0.pdf- ./Revised_Web_Decison_-_Bell_David_James_for_WEB_3.0.pdf-The panel was of the view that prohibition was both proportionate and appropriate. The ./Revised_Web_Decison_-_Bell_David_James_for_WEB_3.0.pdf-panel decided that the public interest considerations outweighed the interests of Mr Bell. ./Revised_Web_Decison_-_Bell_David_James_for_WEB_3.0.pdf:The gross blurring of professional boundaries, the sexually motivated conduct with an ex ./Revised_Web_Decison_-_Bell_David_James_for_WEB_3.0.pdf-pupil and the attempts to cover up his actions were a significant factor in forming that ./Revised_Web_Decison_-_Bell_David_James_for_WEB_3.0.pdf-opinion. Accordingly, the panel made a recommendation to the Secretary of State that a ./Revised_Web_Decison_-_Bell_David_James_for_WEB_3.0.pdf-prohibition order should be imposed with immediate effect. ./Revised_Web_Decison_-_Bell_David_James_for_WEB_3.0.pdf- ./Revised_Web_Decison_-_Bell_David_James_for_WEB_3.0.pdf-The panel went on to consider whether or not it would be appropriate to recommend that ./Revised_Web_Decison_-_Bell_David_James_for_WEB_3.0.pdf-a review period of the order should be considered. The panel was mindful that the Advice ./Revised_Web_Decison_-_Bell_David_James_for_WEB_3.0.pdf-states that a prohibition order applies for life, but there may be circumstances in any ./Revised_Web_Decison_-_Bell_David_James_for_WEB_3.0.pdf-given case that may make it appropriate to allow a teacher to apply to have the ./Revised_Web_Decison_-_Bell_David_James_for_WEB_3.0.pdf-prohibition order reviewed after a specified period of time that may not be less than 2 ./Revised_Web_Decison_-_Bell_David_James_for_WEB_3.0.pdf-years. ./Revised_Web_Decison_-_Bell_David_James_for_WEB_3.0.pdf- ./Revised_Web_Decison_-_Bell_David_James_for_WEB_3.0.pdf-The Advice indicates that there are behaviours that, if proven, would militate against the ./Revised_Web_Decison_-_Bell_David_James_for_WEB_3.0.pdf-recommendation of a review period. These behaviours include serious dishonesty and ./Revised_Web_Decison_-_Bell_David_James_for_WEB_3.0.pdf:serious sexual misconduct. ./Revised_Web_Decison_-_Bell_David_James_for_WEB_3.0.pdf- ./Revised_Web_Decison_-_Bell_David_James_for_WEB_3.0.pdf-The panel has also considered carefully the degree of insight shown by Mr Bell and has ./Revised_Web_Decison_-_Bell_David_James_for_WEB_3.0.pdf-concluded that despite having made admissions and engaged in medical care his insight ./Revised_Web_Decison_-_Bell_David_James_for_WEB_3.0.pdf-is limited. The panel is not persuaded that Mr Bell has fully taken on board the ./Revised_Web_Decison_-_Bell_David_James_for_WEB_3.0.pdf-reputational damage to the School and the profession or the potential harm to a ./Revised_Web_Decison_-_Bell_David_James_for_WEB_3.0.pdf-[redacted] individual. The panel is not satisfied that Mr Bell has adequately recognised ./Revised_Web_Decison_-_Bell_David_James_for_WEB_3.0.pdf-the serious nature of his dishonest conduct. The panel is concerned that Mr Bell has ./Revised_Web_Decison_-_Bell_David_James_for_WEB_3.0.pdf- ./Revised_Web_Decison_-_Bell_David_James_for_WEB_3.0.pdf- 12 ./Revised_Web_Decison_-_Bell_David_James_for_WEB_3.0.pdf- -- ./Revised_Web_Decison_-_Bell_David_James_for_WEB_3.0.pdf-Moreover, the panel notes that none of the testimonial referees have indicated that they ./Revised_Web_Decison_-_Bell_David_James_for_WEB_3.0.pdf-are aware of the allegations. For this reason, the panel only gives limited weight to this ./Revised_Web_Decison_-_Bell_David_James_for_WEB_3.0.pdf-evidence.” ./Revised_Web_Decison_-_Bell_David_James_for_WEB_3.0.pdf- ./Revised_Web_Decison_-_Bell_David_James_for_WEB_3.0.pdf-A prohibition order would prevent Mr Bell from teaching and would also clearly deprive ./Revised_Web_Decison_-_Bell_David_James_for_WEB_3.0.pdf-the public of his contribution to the profession for the period that it is in force. ./Revised_Web_Decison_-_Bell_David_James_for_WEB_3.0.pdf- ./Revised_Web_Decison_-_Bell_David_James_for_WEB_3.0.pdf-In this case, I have placed considerable weight on the panel’s comments concerning the ./Revised_Web_Decison_-_Bell_David_James_for_WEB_3.0.pdf-lack of insight or remorse. The panel has also said, “The panel decided that the public ./Revised_Web_Decison_-_Bell_David_James_for_WEB_3.0.pdf-interest considerations outweighed the interests of Mr Bell. The gross blurring of ./Revised_Web_Decison_-_Bell_David_James_for_WEB_3.0.pdf:professional boundaries, the sexually motivated conduct with an ex pupil and the ./Revised_Web_Decison_-_Bell_David_James_for_WEB_3.0.pdf-attempts to cover up his actions were a significant factor in forming that opinion.” ./Revised_Web_Decison_-_Bell_David_James_for_WEB_3.0.pdf- ./Revised_Web_Decison_-_Bell_David_James_for_WEB_3.0.pdf-I have also placed considerable weight on the finding of the panel that, “Mr Bell's entire ./Revised_Web_Decison_-_Bell_David_James_for_WEB_3.0.pdf-course of conduct renders him fundamentally incompatible with being a teacher.” ./Revised_Web_Decison_-_Bell_David_James_for_WEB_3.0.pdf- ./Revised_Web_Decison_-_Bell_David_James_for_WEB_3.0.pdf-I have given less weight in my consideration of sanction therefore, to the contribution that ./Revised_Web_Decison_-_Bell_David_James_for_WEB_3.0.pdf-Mr Bell has made to the profession. In my view, it is necessary to impose a prohibition ./Revised_Web_Decison_-_Bell_David_James_for_WEB_3.0.pdf-order in order to maintain public confidence in the profession. A published decision, in ./Revised_Web_Decison_-_Bell_David_James_for_WEB_3.0.pdf-light of the circumstances in this case, that is not backed up by remorse or full insight, ./Revised_Web_Decison_-_Bell_David_James_for_WEB_3.0.pdf- -- ./Revised_Web_Decison_-_Bell_David_James_for_WEB_3.0.pdf- ./Revised_Web_Decison_-_Bell_David_James_for_WEB_3.0.pdf-For these reasons, I have concluded that a prohibition order is proportionate and in the ./Revised_Web_Decison_-_Bell_David_James_for_WEB_3.0.pdf-public interest in order to achieve the intended aims of a prohibition order. ./Revised_Web_Decison_-_Bell_David_James_for_WEB_3.0.pdf- ./Revised_Web_Decison_-_Bell_David_James_for_WEB_3.0.pdf-I have gone on to consider the matter of a review period. In this case, the panel has ./Revised_Web_Decison_-_Bell_David_James_for_WEB_3.0.pdf-recommended that no provision should be made for a review period. ./Revised_Web_Decison_-_Bell_David_James_for_WEB_3.0.pdf- ./Revised_Web_Decison_-_Bell_David_James_for_WEB_3.0.pdf-I have considered the panel’s comments “The panel was of the view that prohibition was ./Revised_Web_Decison_-_Bell_David_James_for_WEB_3.0.pdf-both proportionate and appropriate. The panel decided that the public interest ./Revised_Web_Decison_-_Bell_David_James_for_WEB_3.0.pdf-considerations outweighed the interests of Mr Bell. The gross blurring of professional ./Revised_Web_Decison_-_Bell_David_James_for_WEB_3.0.pdf:boundaries, the sexually motivated conduct with an ex pupil and the attempts to cover up ./Revised_Web_Decison_-_Bell_David_James_for_WEB_3.0.pdf-his actions were a significant factor in forming that opinion.” ./Revised_Web_Decison_-_Bell_David_James_for_WEB_3.0.pdf- ./Revised_Web_Decison_-_Bell_David_James_for_WEB_3.0.pdf-I have considered whether allowing for no review period reflects the seriousness of the ./Revised_Web_Decison_-_Bell_David_James_for_WEB_3.0.pdf-findings and is proportionate to achieve the aim of maintaining public confidence in the ./Revised_Web_Decison_-_Bell_David_James_for_WEB_3.0.pdf-profession. In this case, the following factors mean that a no review period is necessary ./Revised_Web_Decison_-_Bell_David_James_for_WEB_3.0.pdf-to achieve the aim of maintaining public confidence in the profession. These elements ./Revised_Web_Decison_-_Bell_David_James_for_WEB_3.0.pdf-are, the dishonesty found, the lack of integrity found, the lack of either insight or remorse, ./Revised_Web_Decison_-_Bell_David_James_for_WEB_3.0.pdf:the gross blurring of professional boundaries and the sexually motivated conduct with an ./Revised_Web_Decison_-_Bell_David_James_for_WEB_3.0.pdf-ex pupil. ./Revised_Web_Decison_-_Bell_David_James_for_WEB_3.0.pdf- ./Revised_Web_Decison_-_Bell_David_James_for_WEB_3.0.pdf-I consider therefore that allowing for no review period is necessary to maintain public ./Revised_Web_Decison_-_Bell_David_James_for_WEB_3.0.pdf-confidence and is proportionate and in the public interest. ./Revised_Web_Decison_-_Bell_David_James_for_WEB_3.0.pdf- ./Revised_Web_Decison_-_Bell_David_James_for_WEB_3.0.pdf-This means that Mr David Bell is prohibited from teaching indefinitely and cannot ./Revised_Web_Decison_-_Bell_David_James_for_WEB_3.0.pdf-teach in any school, sixth form college, relevant youth accommodation or ./Revised_Web_Decison_-_Bell_David_James_for_WEB_3.0.pdf-children’s home in England. Furthermore, in view of the seriousness of the allegations ./Revised_Web_Decison_-_Bell_David_James_for_WEB_3.0.pdf-found proven against him, I have decided that Mr David Bell shall not be entitled to apply ./Revised_Web_Decison_-_Bell_David_James_for_WEB_3.0.pdf-for restoration of his eligibility to teach. ./Richardson_David_Secretary_of_State_decision_for_WEB.pdf-2014 and 2015, he failed to maintain appropriate professional standards and/or ./Richardson_David_Secretary_of_State_decision_for_WEB.pdf-appropriate professional boundaries in that, whilst working as Head of PE at Danum ./Richardson_David_Secretary_of_State_decision_for_WEB.pdf-Academy, in relation to Pupil A: ./Richardson_David_Secretary_of_State_decision_for_WEB.pdf- ./Richardson_David_Secretary_of_State_decision_for_WEB.pdf-1. He engaged in communications via social media including text messages and ./Richardson_David_Secretary_of_State_decision_for_WEB.pdf- WhatsApp messages; ./Richardson_David_Secretary_of_State_decision_for_WEB.pdf- ./Richardson_David_Secretary_of_State_decision_for_WEB.pdf-2. He exchanged images of himself with Pupil A via social media including images in his ./Richardson_David_Secretary_of_State_decision_for_WEB.pdf- underwear; ./Richardson_David_Secretary_of_State_decision_for_WEB.pdf- ./Richardson_David_Secretary_of_State_decision_for_WEB.pdf:3. He had sexual intercourse with Pupil A on Town Fields; ./Richardson_David_Secretary_of_State_decision_for_WEB.pdf- ./Richardson_David_Secretary_of_State_decision_for_WEB.pdf-4. Following him being made aware that Pupil A had spoken to her family about the ./Richardson_David_Secretary_of_State_decision_for_WEB.pdf: relationship and/or sexual intercourse, he: ./Richardson_David_Secretary_of_State_decision_for_WEB.pdf- ./Richardson_David_Secretary_of_State_decision_for_WEB.pdf- a) told her to delete the messages; ./Richardson_David_Secretary_of_State_decision_for_WEB.pdf- ./Richardson_David_Secretary_of_State_decision_for_WEB.pdf- b) told her to deny that anything had happened; ./Richardson_David_Secretary_of_State_decision_for_WEB.pdf- ./Richardson_David_Secretary_of_State_decision_for_WEB.pdf- c) encouraged her to lie; ./Richardson_David_Secretary_of_State_decision_for_WEB.pdf- ./Richardson_David_Secretary_of_State_decision_for_WEB.pdf:5. His conduct set out at 1 to 3 above was sexually motivated; ./Richardson_David_Secretary_of_State_decision_for_WEB.pdf- ./Richardson_David_Secretary_of_State_decision_for_WEB.pdf-6. His conduct set out at 4 was dishonest. ./Richardson_David_Secretary_of_State_decision_for_WEB.pdf- ./Richardson_David_Secretary_of_State_decision_for_WEB.pdf- ./Richardson_David_Secretary_of_State_decision_for_WEB.pdf-In Mr Richardson's reponse, dated 14 December 2016, to the Notice of Proceedings, he ./Richardson_David_Secretary_of_State_decision_for_WEB.pdf-admitted the facts giving rise to allegation 1. He also admitted allegation 4 albeit not the ./Richardson_David_Secretary_of_State_decision_for_WEB.pdf-exact wording of the head of charge and, following on from that, he admitted allegation 6. ./Richardson_David_Secretary_of_State_decision_for_WEB.pdf- ./Richardson_David_Secretary_of_State_decision_for_WEB.pdf-Furthermore, Mr Richardson accepted that the facts giving rise to allegations 1, 4 and 6 ./Richardson_David_Secretary_of_State_decision_for_WEB.pdf-amounted to unacceptable professional conduct and/or conduct that may bring the -- ./Richardson_David_Secretary_of_State_decision_for_WEB.pdf-hearing and those documents contained within Exhibits 2, 3 and 4 as provided during the ./Richardson_David_Secretary_of_State_decision_for_WEB.pdf-hearing as well as the Statement of Agreed Facts. ./Richardson_David_Secretary_of_State_decision_for_WEB.pdf- ./Richardson_David_Secretary_of_State_decision_for_WEB.pdf-Mr Richardson had been employed at Danum School ('the School') since 2004 as a ./Richardson_David_Secretary_of_State_decision_for_WEB.pdf-teacher and at the relevant time was Head of PE. He resigned from his position at the ./Richardson_David_Secretary_of_State_decision_for_WEB.pdf-School in January 2016. ./Richardson_David_Secretary_of_State_decision_for_WEB.pdf- ./Richardson_David_Secretary_of_State_decision_for_WEB.pdf-In or around summer 2014, Mr Richardson allegedly began to exchange messages with ./Richardson_David_Secretary_of_State_decision_for_WEB.pdf-Pupil A via text message and WhatsApp, including messages that contained images of ./Richardson_David_Secretary_of_State_decision_for_WEB.pdf-each of them naked or in a state of undress. These messages and images were allegedly ./Richardson_David_Secretary_of_State_decision_for_WEB.pdf:sexually motivated and continued over time. ./Richardson_David_Secretary_of_State_decision_for_WEB.pdf- ./Richardson_David_Secretary_of_State_decision_for_WEB.pdf- ./Richardson_David_Secretary_of_State_decision_for_WEB.pdf- 7 ./Richardson_David_Secretary_of_State_decision_for_WEB.pdf- -- ./Richardson_David_Secretary_of_State_decision_for_WEB.pdf-On 28 February 2015 (or early the very next morning), it is alleged Mr Richardson had ./Richardson_David_Secretary_of_State_decision_for_WEB.pdf:sexual intercourse with Pupil A after meeting her in town. When this incident became ./Richardson_David_Secretary_of_State_decision_for_WEB.pdf-known to Pupil A's family, he persuaded her to delete all messages and put forward a ./Richardson_David_Secretary_of_State_decision_for_WEB.pdf-false account to others. This latter conduct was said to be dishonest. ./Richardson_David_Secretary_of_State_decision_for_WEB.pdf- ./Richardson_David_Secretary_of_State_decision_for_WEB.pdf-Findings of fact ./Richardson_David_Secretary_of_State_decision_for_WEB.pdf-Our findings of fact are as follows: ./Richardson_David_Secretary_of_State_decision_for_WEB.pdf- ./Richardson_David_Secretary_of_State_decision_for_WEB.pdf-We have found the following allegations proved, for these reasons: ./Richardson_David_Secretary_of_State_decision_for_WEB.pdf- ./Richardson_David_Secretary_of_State_decision_for_WEB.pdf-1. You engaged in communications via social media including text messages and ./Richardson_David_Secretary_of_State_decision_for_WEB.pdf- WhatsApp messages -- ./Richardson_David_Secretary_of_State_decision_for_WEB.pdf- ./Richardson_David_Secretary_of_State_decision_for_WEB.pdf-The panel considered a series of text messages exchanged between Pupil A and Mr ./Richardson_David_Secretary_of_State_decision_for_WEB.pdf-Richardson. The extent of the panic shown by Mr Richardson when notified by Pupil A ./Richardson_David_Secretary_of_State_decision_for_WEB.pdf-that her mother had found out about their relationship was considerably greater than ./Richardson_David_Secretary_of_State_decision_for_WEB.pdf-would have been expected if the messages really were just of a general nature. ./Richardson_David_Secretary_of_State_decision_for_WEB.pdf- ./Richardson_David_Secretary_of_State_decision_for_WEB.pdf-Taking all the above into account, the panel found this allegation proved. ./Richardson_David_Secretary_of_State_decision_for_WEB.pdf- ./Richardson_David_Secretary_of_State_decision_for_WEB.pdf- ./Richardson_David_Secretary_of_State_decision_for_WEB.pdf-4. Following him being made aware that Pupil A had spoken to her family about the ./Richardson_David_Secretary_of_State_decision_for_WEB.pdf: relationship and/or sexual intercourse, you: ./Richardson_David_Secretary_of_State_decision_for_WEB.pdf- ./Richardson_David_Secretary_of_State_decision_for_WEB.pdf- a) told her to delete the messages ./Richardson_David_Secretary_of_State_decision_for_WEB.pdf- ./Richardson_David_Secretary_of_State_decision_for_WEB.pdf- b) told her to deny that anything had happened ./Richardson_David_Secretary_of_State_decision_for_WEB.pdf- ./Richardson_David_Secretary_of_State_decision_for_WEB.pdf- c) encouraged her to lie ./Richardson_David_Secretary_of_State_decision_for_WEB.pdf- ./Richardson_David_Secretary_of_State_decision_for_WEB.pdf-This allegation was admitted by Mr Richardson. The panel noted the evidence of Pupil A, ./Richardson_David_Secretary_of_State_decision_for_WEB.pdf-and confirmed by the text messages contained within Exhibit 2 pages 151 to 154, that Mr ./Richardson_David_Secretary_of_State_decision_for_WEB.pdf-Richardson had asked her to carry out all the particulars of 4. ./Richardson_David_Secretary_of_State_decision_for_WEB.pdf- ./Richardson_David_Secretary_of_State_decision_for_WEB.pdf-In light of the panel's decision in respect of allegation 3, the panel found the particulars ./Richardson_David_Secretary_of_State_decision_for_WEB.pdf:proved in respect of 'the relationship' but not 'sexual intercourse'. ./Richardson_David_Secretary_of_State_decision_for_WEB.pdf- ./Richardson_David_Secretary_of_State_decision_for_WEB.pdf- ./Richardson_David_Secretary_of_State_decision_for_WEB.pdf:5. Your conduct set out at 1 to 3 above was sexually motivated ./Richardson_David_Secretary_of_State_decision_for_WEB.pdf- ./Richardson_David_Secretary_of_State_decision_for_WEB.pdf-In light of the panel's decision on allegation 3, the panel restricted their deliberations on ./Richardson_David_Secretary_of_State_decision_for_WEB.pdf-this charge to 1 and 2 only. ./Richardson_David_Secretary_of_State_decision_for_WEB.pdf- ./Richardson_David_Secretary_of_State_decision_for_WEB.pdf-The panel were able to consider the content of the texts that were sent by Mr Richardson ./Richardson_David_Secretary_of_State_decision_for_WEB.pdf-and considered some to be of a flirtatious nature, including adding an 'x' at the end. Mr ./Richardson_David_Secretary_of_State_decision_for_WEB.pdf-Richardson had numerous opportunities to ensure contact could not have happened, ./Richardson_David_Secretary_of_State_decision_for_WEB.pdf- ./Richardson_David_Secretary_of_State_decision_for_WEB.pdf- 9 ./Richardson_David_Secretary_of_State_decision_for_WEB.pdf- -- ./Richardson_David_Secretary_of_State_decision_for_WEB.pdf-such as by blocking Pupil A's number. There was also no reason to continue replying to ./Richardson_David_Secretary_of_State_decision_for_WEB.pdf-her messages and his evidence that he felt manipulated by her was not accepted. The ./Richardson_David_Secretary_of_State_decision_for_WEB.pdf-panel's view was that Mr Richardson was deriving some gratification from the text ./Richardson_David_Secretary_of_State_decision_for_WEB.pdf-relationship that was more over and above associated with general chit-chat. ./Richardson_David_Secretary_of_State_decision_for_WEB.pdf- ./Richardson_David_Secretary_of_State_decision_for_WEB.pdf-The panel noted the evidence from Ms Lindley in her police interview, specifically that ./Richardson_David_Secretary_of_State_decision_for_WEB.pdf-Pupil A had told her that she and Mr Richardson had spoken about being able to have ./Richardson_David_Secretary_of_State_decision_for_WEB.pdf:sex when Pupil A had gone to university. However, the panel bore in mind that this ./Richardson_David_Secretary_of_State_decision_for_WEB.pdf-evidence was secondary hearsay that was not available to be tested in cross- ./Richardson_David_Secretary_of_State_decision_for_WEB.pdf-examination. ./Richardson_David_Secretary_of_State_decision_for_WEB.pdf- ./Richardson_David_Secretary_of_State_decision_for_WEB.pdf:Although the panel did not have before them any messages of an overtly sexual nature, ./Richardson_David_Secretary_of_State_decision_for_WEB.pdf-they did have regard to the sense of panic shown by Mr Richardson when told that Pupil ./Richardson_David_Secretary_of_State_decision_for_WEB.pdf-A's mother had discovered their relationship, which was greater than if the text messages ./Richardson_David_Secretary_of_State_decision_for_WEB.pdf-and images were innocent. ./Richardson_David_Secretary_of_State_decision_for_WEB.pdf- ./Richardson_David_Secretary_of_State_decision_for_WEB.pdf-On the balance of probabilities, the panel determined Mr Richardson's actions in respect ./Richardson_David_Secretary_of_State_decision_for_WEB.pdf:of charge 1 and 2 were sexually motivated and therefore found this allegation proved. ./Richardson_David_Secretary_of_State_decision_for_WEB.pdf- ./Richardson_David_Secretary_of_State_decision_for_WEB.pdf-6. Your conduct set out at 4 was dishonest ./Richardson_David_Secretary_of_State_decision_for_WEB.pdf- ./Richardson_David_Secretary_of_State_decision_for_WEB.pdf-This allegation was admitted by Mr Richardson. In considering his actions, the panel had ./Richardson_David_Secretary_of_State_decision_for_WEB.pdf-consideration to the following questions: ./Richardson_David_Secretary_of_State_decision_for_WEB.pdf- ./Richardson_David_Secretary_of_State_decision_for_WEB.pdf- a) if the panel considered it more likely than not that what Mr Richardson did was ./Richardson_David_Secretary_of_State_decision_for_WEB.pdf- dishonest by the standards of ordinary and reasonable people ./Richardson_David_Secretary_of_State_decision_for_WEB.pdf- ./Richardson_David_Secretary_of_State_decision_for_WEB.pdf- b) If so, is it more likely than not that Mr Richardson realised what he was doing -- ./Richardson_David_Secretary_of_State_decision_for_WEB.pdf-Richardson's suggestion that Pupil A bought a new phone and asking her to deliberately ./Richardson_David_Secretary_of_State_decision_for_WEB.pdf-delete all messages, thereby destroying evidence, would be seen as dishonest by an ./Richardson_David_Secretary_of_State_decision_for_WEB.pdf-ordinary and reasonable person. ./Richardson_David_Secretary_of_State_decision_for_WEB.pdf- ./Richardson_David_Secretary_of_State_decision_for_WEB.pdf-In light of Mr Richardson's admission on whether he realised these actions to be ./Richardson_David_Secretary_of_State_decision_for_WEB.pdf-dishonest, the panel found the second question on dishonesty, and therefore this ./Richardson_David_Secretary_of_State_decision_for_WEB.pdf-allegation, proved. ./Richardson_David_Secretary_of_State_decision_for_WEB.pdf- ./Richardson_David_Secretary_of_State_decision_for_WEB.pdf-We have found the following allegations not proved, for these reasons: ./Richardson_David_Secretary_of_State_decision_for_WEB.pdf- ./Richardson_David_Secretary_of_State_decision_for_WEB.pdf:3. You had sexual intercourse with Pupil A on Town Fields ./Richardson_David_Secretary_of_State_decision_for_WEB.pdf- ./Richardson_David_Secretary_of_State_decision_for_WEB.pdf-The panel heard a considerable amount of evidence on this allegation, which had been ./Richardson_David_Secretary_of_State_decision_for_WEB.pdf-denied by Mr Richardson. ./Richardson_David_Secretary_of_State_decision_for_WEB.pdf- ./Richardson_David_Secretary_of_State_decision_for_WEB.pdf- ./Richardson_David_Secretary_of_State_decision_for_WEB.pdf- ./Richardson_David_Secretary_of_State_decision_for_WEB.pdf- 10 ./Richardson_David_Secretary_of_State_decision_for_WEB.pdf- -- ./Richardson_David_Secretary_of_State_decision_for_WEB.pdf-evening but not that she was stumbling or out of control. ./Richardson_David_Secretary_of_State_decision_for_WEB.pdf- ./Richardson_David_Secretary_of_State_decision_for_WEB.pdf-Pupil A and Mr Richardson initially met at the Mint Bar and then separately moved to ./Richardson_David_Secretary_of_State_decision_for_WEB.pdf-another venue, the Tiki Tiki Bar. Mr Richardson was with three other friends and at some ./Richardson_David_Secretary_of_State_decision_for_WEB.pdf-time between 12am to 12:30am, Pupil A and Mr Richardson left the second venue ./Richardson_David_Secretary_of_State_decision_for_WEB.pdf-together. Pupil A explained that they walked back in the general direction of their houses ./Richardson_David_Secretary_of_State_decision_for_WEB.pdf-and she had begun arguing with him although she was not clear as to why or the topic of ./Richardson_David_Secretary_of_State_decision_for_WEB.pdf-the argument. She denied that Mr Richardson had put her into a taxi. ./Richardson_David_Secretary_of_State_decision_for_WEB.pdf- ./Richardson_David_Secretary_of_State_decision_for_WEB.pdf-Pupil A stated that as they walked down Thorne Road, they went onto Town Fields and ./Richardson_David_Secretary_of_State_decision_for_WEB.pdf:had sex. It was unclear as to how this event arose after having been arguing. Pupil A ./Richardson_David_Secretary_of_State_decision_for_WEB.pdf-estimated that it would have taken between 10 to 15 minutes of walking to this location ./Richardson_David_Secretary_of_State_decision_for_WEB.pdf:and the sex lasted for around 5 to 10 minutes. Some further detail was provided to this ./Richardson_David_Secretary_of_State_decision_for_WEB.pdf:panel by Pupil A about the sex than had previously been disclosed by her. ./Richardson_David_Secretary_of_State_decision_for_WEB.pdf- ./Richardson_David_Secretary_of_State_decision_for_WEB.pdf:After the sexual encounter, Pupil A explained that Mr Richardson walked her back to her ./Richardson_David_Secretary_of_State_decision_for_WEB.pdf-house, which was another 15 minutes walk away. She accepted from leaving the bar to ./Richardson_David_Secretary_of_State_decision_for_WEB.pdf-getting home was approximately 40 to 45 minutes. ./Richardson_David_Secretary_of_State_decision_for_WEB.pdf- ./Richardson_David_Secretary_of_State_decision_for_WEB.pdf-Pupil A denied that she had made up this allegation or that her accounts were ./Richardson_David_Secretary_of_State_decision_for_WEB.pdf-exaggerations of what had actually taken place. She accepted being attracted to Mr ./Richardson_David_Secretary_of_State_decision_for_WEB.pdf-Richardson and that she was jealous when he took his girlfriend to Spain in April 2015. ./Richardson_David_Secretary_of_State_decision_for_WEB.pdf- ./Richardson_David_Secretary_of_State_decision_for_WEB.pdf-In evidence, Pupil A accepted that although her account had changed over time, she had ./Richardson_David_Secretary_of_State_decision_for_WEB.pdf-been consistent with the main strands. In the police and school interviews, she had given ./Richardson_David_Secretary_of_State_decision_for_WEB.pdf-relatively little detail of matters in order to protect Mr Richardson. -- ./Richardson_David_Secretary_of_State_decision_for_WEB.pdf-Richardson being away from their group for any particular length of time. ./Richardson_David_Secretary_of_State_decision_for_WEB.pdf- ./Richardson_David_Secretary_of_State_decision_for_WEB.pdf-Witness H was unaware of the admissions that Mr Richardson had made including that of ./Richardson_David_Secretary_of_State_decision_for_WEB.pdf-dishonesty. ./Richardson_David_Secretary_of_State_decision_for_WEB.pdf- ./Richardson_David_Secretary_of_State_decision_for_WEB.pdf-All witnesses providing direct evidence on the night in question accepted having ./Richardson_David_Secretary_of_State_decision_for_WEB.pdf-consumed alcohol but also that none were drunk. ./Richardson_David_Secretary_of_State_decision_for_WEB.pdf- ./Richardson_David_Secretary_of_State_decision_for_WEB.pdf-The panel has considered all the evidence before it on this allegation carefully. The panel ./Richardson_David_Secretary_of_State_decision_for_WEB.pdf-is surprised as to the lack of detail that Pupil A was able to provide in relation to the ./Richardson_David_Secretary_of_State_decision_for_WEB.pdf:encounter or how an argument had so quickly evolved into sex. There were also ./Richardson_David_Secretary_of_State_decision_for_WEB.pdf-inconsistencies in her evidence and her explanation that she was trying to protect Mr ./Richardson_David_Secretary_of_State_decision_for_WEB.pdf- ./Richardson_David_Secretary_of_State_decision_for_WEB.pdf- ./Richardson_David_Secretary_of_State_decision_for_WEB.pdf- ./Richardson_David_Secretary_of_State_decision_for_WEB.pdf- 13 ./Richardson_David_Secretary_of_State_decision_for_WEB.pdf- -- ./Richardson_David_Secretary_of_State_decision_for_WEB.pdf-Richardson when the 'relationship' became public was not accepted when the panel ./Richardson_David_Secretary_of_State_decision_for_WEB.pdf:considered how early in the police interview she said that they had sex. ./Richardson_David_Secretary_of_State_decision_for_WEB.pdf- ./Richardson_David_Secretary_of_State_decision_for_WEB.pdf-The panel found Witness A to be entirely credible but noted that her knowledge of the ./Richardson_David_Secretary_of_State_decision_for_WEB.pdf:sexual encounter was wholely based on what Pupil A had told her. ./Richardson_David_Secretary_of_State_decision_for_WEB.pdf- ./Richardson_David_Secretary_of_State_decision_for_WEB.pdf-Although the panel was surprised that Mr Richardson had made no mention to his friends ./Richardson_David_Secretary_of_State_decision_for_WEB.pdf-of Pupil A's actions when hailing a cab after returning to the bar, the panel did accept his ./Richardson_David_Secretary_of_State_decision_for_WEB.pdf-friends' recollections that he had not been away from the group for any length of time. ./Richardson_David_Secretary_of_State_decision_for_WEB.pdf-There were minor inconsistencies between the friends' accounts, which may not have ./Richardson_David_Secretary_of_State_decision_for_WEB.pdf-been expected if there had been collusion. The panel felt that all three were trying to ./Richardson_David_Secretary_of_State_decision_for_WEB.pdf-assist them and that Witness H was particularly helpful in the details he provided as to ./Richardson_David_Secretary_of_State_decision_for_WEB.pdf-his taxi journey back with Mr Richardson. ./Richardson_David_Secretary_of_State_decision_for_WEB.pdf- ./Richardson_David_Secretary_of_State_decision_for_WEB.pdf-The panel reminded itself that the burden to prove any allegation rests with the -- ./Richardson_David_Secretary_of_State_decision_for_WEB.pdf-In light of the panel’s findings against Mr Richardson, which involved an inappropriate ./Richardson_David_Secretary_of_State_decision_for_WEB.pdf:relationship with a pupil that had a sexual motivation and thereafter being dishonest to try ./Richardson_David_Secretary_of_State_decision_for_WEB.pdf-to avoid this relationship being found out, there is a strong public interest consideration ./Richardson_David_Secretary_of_State_decision_for_WEB.pdf-in: ./Richardson_David_Secretary_of_State_decision_for_WEB.pdf- ./Richardson_David_Secretary_of_State_decision_for_WEB.pdf-  respect of the protection of pupils given the serious findings of inappropriate ./Richardson_David_Secretary_of_State_decision_for_WEB.pdf- relationships with children ./Richardson_David_Secretary_of_State_decision_for_WEB.pdf- ./Richardson_David_Secretary_of_State_decision_for_WEB.pdf-  that public confidence in the profession could be seriously weakened if conduct ./Richardson_David_Secretary_of_State_decision_for_WEB.pdf- such as that found against Mr Richardson were not treated with the utmost ./Richardson_David_Secretary_of_State_decision_for_WEB.pdf- seriousness when regulating the conduct of the profession ./Richardson_David_Secretary_of_State_decision_for_WEB.pdf- -- ./Richardson_David_Secretary_of_State_decision_for_WEB.pdf-In the list of such behaviours, those that are relevant in this case are: ./Richardson_David_Secretary_of_State_decision_for_WEB.pdf- ./Richardson_David_Secretary_of_State_decision_for_WEB.pdf-  serious departure from the personal and professional conduct elements of the ./Richardson_David_Secretary_of_State_decision_for_WEB.pdf- Teachers’ Standards ./Richardson_David_Secretary_of_State_decision_for_WEB.pdf-  misconduct seriously affecting the education and/or well-being of pupils ./Richardson_David_Secretary_of_State_decision_for_WEB.pdf-  abuse of position or trust (particularly involving vulnerable pupils) ./Richardson_David_Secretary_of_State_decision_for_WEB.pdf-  dishonesty especially where there have been serious consequences, and/or it has ./Richardson_David_Secretary_of_State_decision_for_WEB.pdf- been repeated and/or covered up ./Richardson_David_Secretary_of_State_decision_for_WEB.pdf-  deliberate behaviour that undermines pupils, the profession, the school or ./Richardson_David_Secretary_of_State_decision_for_WEB.pdf- colleagues ./Richardson_David_Secretary_of_State_decision_for_WEB.pdf:  sexual misconduct ./Richardson_David_Secretary_of_State_decision_for_WEB.pdf- ./Richardson_David_Secretary_of_State_decision_for_WEB.pdf- ./Richardson_David_Secretary_of_State_decision_for_WEB.pdf-Even though there were behaviours that would point to a prohibition order being ./Richardson_David_Secretary_of_State_decision_for_WEB.pdf-appropriate, the panel went on to consider whether or not there were sufficient mitigating ./Richardson_David_Secretary_of_State_decision_for_WEB.pdf-factors to militate against a prohibition order being an appropriate and proportionate ./Richardson_David_Secretary_of_State_decision_for_WEB.pdf-measure to impose, particularly taking into account the nature and severity of the ./Richardson_David_Secretary_of_State_decision_for_WEB.pdf-behaviour in this case. In light of the panel’s findings, there was no evidence that the ./Richardson_David_Secretary_of_State_decision_for_WEB.pdf- ./Richardson_David_Secretary_of_State_decision_for_WEB.pdf- ./Richardson_David_Secretary_of_State_decision_for_WEB.pdf- 16 -- ./Richardson_David_Secretary_of_State_decision_for_WEB.pdf- ./Richardson_David_Secretary_of_State_decision_for_WEB.pdf-The teacher did have a previously good history and had been a teacher for some time. ./Richardson_David_Secretary_of_State_decision_for_WEB.pdf-The panel accepts that the incident was out of character and had before it a number of ./Richardson_David_Secretary_of_State_decision_for_WEB.pdf-testimonials from work colleagues (including those in senior positions), ex-pupils and ./Richardson_David_Secretary_of_State_decision_for_WEB.pdf-associates that attested to Mr Richardson's qualities as a teacher. ./Richardson_David_Secretary_of_State_decision_for_WEB.pdf- ./Richardson_David_Secretary_of_State_decision_for_WEB.pdf-The panel is of the view that prohibition is both proportionate and appropriate. We have ./Richardson_David_Secretary_of_State_decision_for_WEB.pdf-decided that the public interest considerations outweigh the interests of Mr Richardson. ./Richardson_David_Secretary_of_State_decision_for_WEB.pdf-The dishonest behaviour took place over a period of months and, whilst acknowledged ./Richardson_David_Secretary_of_State_decision_for_WEB.pdf-that Mr Richardson had admitted this allegation, it was a significant factor in forming that ./Richardson_David_Secretary_of_State_decision_for_WEB.pdf:opinion. The panel also considered the sexual motivation to be an aggravating factor ./Richardson_David_Secretary_of_State_decision_for_WEB.pdf-and, accordingly, the panel makes a recommendation to the Secretary of State that a ./Richardson_David_Secretary_of_State_decision_for_WEB.pdf-prohibition order should be imposed with immediate effect. ./Richardson_David_Secretary_of_State_decision_for_WEB.pdf- ./Richardson_David_Secretary_of_State_decision_for_WEB.pdf-The panel went on to consider whether or not it would be appropriate for them to decide ./Richardson_David_Secretary_of_State_decision_for_WEB.pdf-to recommend that a review period of the order should be considered. The panel were ./Richardson_David_Secretary_of_State_decision_for_WEB.pdf-mindful that the Advice advises that a prohibition order applies for life, but there may be ./Richardson_David_Secretary_of_State_decision_for_WEB.pdf-circumstances in any given case that may make it appropriate to allow a teacher to apply ./Richardson_David_Secretary_of_State_decision_for_WEB.pdf-to have the prohibition order reviewed after a specified period of time that may not be ./Richardson_David_Secretary_of_State_decision_for_WEB.pdf-less than 2 years. ./Richardson_David_Secretary_of_State_decision_for_WEB.pdf- -- ./Richardson_David_Secretary_of_State_decision_for_WEB.pdf-  abuse of position or trust (particularly involving vulnerable pupils) ./Richardson_David_Secretary_of_State_decision_for_WEB.pdf-  dishonesty especially where there have been serious consequences, and/or it has ./Richardson_David_Secretary_of_State_decision_for_WEB.pdf- been repeated and/or covered up ./Richardson_David_Secretary_of_State_decision_for_WEB.pdf-  deliberate behaviour that undermines pupils, the profession, the school or ./Richardson_David_Secretary_of_State_decision_for_WEB.pdf- colleagues ./Richardson_David_Secretary_of_State_decision_for_WEB.pdf:  sexual misconduct ./Richardson_David_Secretary_of_State_decision_for_WEB.pdf- ./Richardson_David_Secretary_of_State_decision_for_WEB.pdf- ./Richardson_David_Secretary_of_State_decision_for_WEB.pdf-I have considered carefully the finding of the panel and its recommendation. I have noted ./Richardson_David_Secretary_of_State_decision_for_WEB.pdf-the panel’s comments of previous history, insight, remorse and other mitigating factors. ./Richardson_David_Secretary_of_State_decision_for_WEB.pdf- ./Richardson_David_Secretary_of_State_decision_for_WEB.pdf-I have also taken into account the fact that, of itself, a finding of unacceptable ./Richardson_David_Secretary_of_State_decision_for_WEB.pdf-professional conduct and conduct that may bring the profession into disrepute is itself a ./Richardson_David_Secretary_of_State_decision_for_WEB.pdf-serious matter. ./Richardson_David_Secretary_of_State_decision_for_WEB.pdf- ./Richardson_David_Secretary_of_State_decision_for_WEB.pdf-I have had to weigh therefore the public interest in upholding the standards and the -- ./Richardson_David_Secretary_of_State_decision_for_WEB.pdf- ./Richardson_David_Secretary_of_State_decision_for_WEB.pdf-In weighing all of those interests and in taking into account the guidance published by the ./Richardson_David_Secretary_of_State_decision_for_WEB.pdf-Secretary of State, I have also taken into account the need to be proportionate. A ./Richardson_David_Secretary_of_State_decision_for_WEB.pdf-prohibition order should not be given to be punitive, even though it may have a punitive ./Richardson_David_Secretary_of_State_decision_for_WEB.pdf-effect. ./Richardson_David_Secretary_of_State_decision_for_WEB.pdf- ./Richardson_David_Secretary_of_State_decision_for_WEB.pdf-In my judgement and having taken those matters into account, I support the ./Richardson_David_Secretary_of_State_decision_for_WEB.pdf-recommendation of the panel. The dishonest behaviour took place over a period of ./Richardson_David_Secretary_of_State_decision_for_WEB.pdf-months and, whilst the panel acknowledged that Mr Richardson had admitted this ./Richardson_David_Secretary_of_State_decision_for_WEB.pdf-allegation, it was a significant factor in forming that opinion. The panel also considered ./Richardson_David_Secretary_of_State_decision_for_WEB.pdf:the sexual motivation to be an aggravating factor. ./Richardson_David_Secretary_of_State_decision_for_WEB.pdf- ./Richardson_David_Secretary_of_State_decision_for_WEB.pdf-Mr Richardson’s behaviours include serious dishonesty. The exchange of texts took ./Richardson_David_Secretary_of_State_decision_for_WEB.pdf-place over a number of months, culminating in Mr Richardson seeking to persuade a ./Richardson_David_Secretary_of_State_decision_for_WEB.pdf-pupil, albeit one that he did not teach directly, to herself carry out dishonest acts. ./Richardson_David_Secretary_of_State_decision_for_WEB.pdf- ./Richardson_David_Secretary_of_State_decision_for_WEB.pdf-I have also given careful consideration to the matter of a review period. I have read ./Richardson_David_Secretary_of_State_decision_for_WEB.pdf-carefully the recommendation of the panel and its reasoning. It is clear that the panel ./Richardson_David_Secretary_of_State_decision_for_WEB.pdf-consider that Mr Richardson had shown insight into his actions, and to a limited extent ./Richardson_David_Secretary_of_State_decision_for_WEB.pdf-the admissions did show that. The panel also felt that there was no further evidence ./Richardson_David_Secretary_of_State_decision_for_WEB.pdf-before it to show any detailed insight or remediation. Although the panel noted some ./RICHARDSON_Marc_web_decision.pdf- d. made contact with Pupil A’s bottom with his hand. ./RICHARDSON_Marc_web_decision.pdf- ./RICHARDSON_Marc_web_decision.pdf- 2. Failed to maintain appropriate boundaries with Pupil B in 2014 in that he: ./RICHARDSON_Marc_web_decision.pdf- ./RICHARDSON_Marc_web_decision.pdf- a. sent messages to Pupil B including via a mobile messaging application; ./RICHARDSON_Marc_web_decision.pdf- ./RICHARDSON_Marc_web_decision.pdf- b. sent inappropriate messages to Pupil B including call her “baby”, using ./RICHARDSON_Marc_web_decision.pdf- expletive language and advising that he felt bad because “I’m stopping you ./RICHARDSON_Marc_web_decision.pdf- from seeing other people”; ./RICHARDSON_Marc_web_decision.pdf- ./RICHARDSON_Marc_web_decision.pdf: c. engaged in inappropriate conversations including conversations of a sexual ./RICHARDSON_Marc_web_decision.pdf- nature; ./RICHARDSON_Marc_web_decision.pdf- ./RICHARDSON_Marc_web_decision.pdf- d. paid for items belonging to Pupil B on eBay to help fund her attendance on ./RICHARDSON_Marc_web_decision.pdf- a school trip; ./RICHARDSON_Marc_web_decision.pdf- ./RICHARDSON_Marc_web_decision.pdf- e. was alone with Pupil B in a room under the school stage on 14th May 2014 ./RICHARDSON_Marc_web_decision.pdf- outside teaching hours and gave inconsistent explanations for being there. ./RICHARDSON_Marc_web_decision.pdf- ./RICHARDSON_Marc_web_decision.pdf- 3. Engaged in an inappropriate relationship with Pupil B in that he engaged in a ./RICHARDSON_Marc_web_decision.pdf: sexual contact with her. ./RICHARDSON_Marc_web_decision.pdf- ./RICHARDSON_Marc_web_decision.pdf: 4. In doing 2 and 3 above his conduct was sexually motivated. ./RICHARDSON_Marc_web_decision.pdf- ./RICHARDSON_Marc_web_decision.pdf- 5. In doing 2 above he acted against a direct management instruction by failing to ./RICHARDSON_Marc_web_decision.pdf- refrain from contact with pupils and report any such contact to his employer. ./RICHARDSON_Marc_web_decision.pdf- ./RICHARDSON_Marc_web_decision.pdf- ./RICHARDSON_Marc_web_decision.pdf- ./RICHARDSON_Marc_web_decision.pdf- ./RICHARDSON_Marc_web_decision.pdf- 4 ./RICHARDSON_Marc_web_decision.pdf- -- ./RICHARDSON_Marc_web_decision.pdf-therefore is found proved. ./RICHARDSON_Marc_web_decision.pdf- ./RICHARDSON_Marc_web_decision.pdf- b. sent inappropriate messages to Pupil B including calling her “baby”, ./RICHARDSON_Marc_web_decision.pdf- using expletive language and advising that you felt bad because “I’m ./RICHARDSON_Marc_web_decision.pdf- stopping you from seeing other people”; ./RICHARDSON_Marc_web_decision.pdf- ./RICHARDSON_Marc_web_decision.pdf-This allegation has been admitted in the statement of agreed and disputed facts and ./RICHARDSON_Marc_web_decision.pdf-therefore is found proved. ./RICHARDSON_Marc_web_decision.pdf- ./RICHARDSON_Marc_web_decision.pdf- c. engaged in inappropriate conversations including conversations of a ./RICHARDSON_Marc_web_decision.pdf: sexual nature; ./RICHARDSON_Marc_web_decision.pdf- ./RICHARDSON_Marc_web_decision.pdf-This allegation has been admitted in the statement of agreed and disputed facts and ./RICHARDSON_Marc_web_decision.pdf-therefore is found proved. ./RICHARDSON_Marc_web_decision.pdf- ./RICHARDSON_Marc_web_decision.pdf- e. were alone with Pupil B in a room under the school stage on 14th May ./RICHARDSON_Marc_web_decision.pdf- 2014 outside teaching hours and gave inconsistent explanations for ./RICHARDSON_Marc_web_decision.pdf- being there; ./RICHARDSON_Marc_web_decision.pdf- ./RICHARDSON_Marc_web_decision.pdf-This allegation has been admitted in the statement of agreed and disputed facts and ./RICHARDSON_Marc_web_decision.pdf-therefore is found proved. -- ./RICHARDSON_Marc_web_decision.pdf- 3. Engaged in an inappropriate relationship with Pupil B in that you engaged in ./RICHARDSON_Marc_web_decision.pdf: a sexual contact with her. ./RICHARDSON_Marc_web_decision.pdf- ./RICHARDSON_Marc_web_decision.pdf-This allegation is denied in the statement of agreed and disputed facts. Mr Richardson’s ./RICHARDSON_Marc_web_decision.pdf-representative submitted to the panel that it must construe the allegations against Mr ./RICHARDSON_Marc_web_decision.pdf:Richardson strictly. This allegation states that “a sexual contact” may have happened i.e. ./RICHARDSON_Marc_web_decision.pdf-in the singular, the inference is that this was only once. Mr Richardson’s representative ./RICHARDSON_Marc_web_decision.pdf-argued that this was linked to allegation 2(e) relating to the meeting under the stage. The ./RICHARDSON_Marc_web_decision.pdf:presenting officer states that the National College is not seeking to allege that sexual ./RICHARDSON_Marc_web_decision.pdf-contact took place under the stage. Allegation 3 is more widely construed and alleges “a ./RICHARDSON_Marc_web_decision.pdf:sexual contact” took place between Mr Richardson and Pupil B at a time unspecified. ./RICHARDSON_Marc_web_decision.pdf- ./RICHARDSON_Marc_web_decision.pdf-Mr Richardson’s representative argues that because both Mr Richardson and Pupil B ./RICHARDSON_Marc_web_decision.pdf:deny sexual contact that any evidence relating to allegation 3 amounts to “double ./RICHARDSON_Marc_web_decision.pdf-hearsay, innuendo and/or conjecture”. Mr Richardson’s representative stated that given ./RICHARDSON_Marc_web_decision.pdf:this is a serious allegation it should be particularised with a date of the relevant “sexual ./RICHARDSON_Marc_web_decision.pdf-contact”. ./RICHARDSON_Marc_web_decision.pdf- ./RICHARDSON_Marc_web_decision.pdf-The panel agrees with the presenting officer and is of the view that allegation 3 should be ./RICHARDSON_Marc_web_decision.pdf-construed widely. ./RICHARDSON_Marc_web_decision.pdf- ./RICHARDSON_Marc_web_decision.pdf-The panel took careful account of the tone and content of the Whatsapp messages ./RICHARDSON_Marc_web_decision.pdf-included in the bundle. The presenting officer submitted that the nature of the text ./RICHARDSON_Marc_web_decision.pdf-messages between Mr Richardson and Pupil B are evidence of Mr Richardson and Pupil ./RICHARDSON_Marc_web_decision.pdf:B having had sexual contact. Mr Richardson’s representative submitted that although ./RICHARDSON_Marc_web_decision.pdf:there is evidence of a sexual conversation this is not evidence of any sexual contact or ./RICHARDSON_Marc_web_decision.pdf-relations between Mr Richardson and Pupil B. ./RICHARDSON_Marc_web_decision.pdf- ./RICHARDSON_Marc_web_decision.pdf:The panel considered it is plain that sexual conversations took place between Pupil B ./RICHARDSON_Marc_web_decision.pdf-and Mr Richardson, and the messages (which Mr Richardson admits participating in) ./RICHARDSON_Marc_web_decision.pdf:contained explicit references to sexual acts between them for example [redacted]. ./RICHARDSON_Marc_web_decision.pdf- ./RICHARDSON_Marc_web_decision.pdf-In her witness statement, Pupil B’s mother states that she had had “niggling feelings” ./RICHARDSON_Marc_web_decision.pdf-about Mr Richardson for a number of months, and that Pupil B had suddenly asked about ./RICHARDSON_Marc_web_decision.pdf-the contraceptive pill. In her written account, Pupil B’s mother indicated that she refused ./RICHARDSON_Marc_web_decision.pdf-to take Pupil B to the doctors to ask about contraception, following her complaint of ./RICHARDSON_Marc_web_decision.pdf-period pain. Mr Richardson’s representative argued that this is not evidence that any ./RICHARDSON_Marc_web_decision.pdf:sexual contact actually took place. The panel agrees but it is evidence that Pupil B may ./RICHARDSON_Marc_web_decision.pdf:have been contemplating sexual contact. ./RICHARDSON_Marc_web_decision.pdf- ./RICHARDSON_Marc_web_decision.pdf-The panel noted that there was no independent evidence before it of what went on when ./RICHARDSON_Marc_web_decision.pdf-Mr Richardson and Pupil B went into the area under the stage. The panel heard evidence ./RICHARDSON_Marc_web_decision.pdf-from Witness A that the under-stage area was rarely frequented by pupils or staff. It was ./RICHARDSON_Marc_web_decision.pdf-clear to the panel that the meeting under the stage was pre-arranged. In the view of the ./RICHARDSON_Marc_web_decision.pdf-panel, the behaviour of Pupil B and Mr Richardson suggests that neither of them were ./RICHARDSON_Marc_web_decision.pdf- ./RICHARDSON_Marc_web_decision.pdf- ./RICHARDSON_Marc_web_decision.pdf- 10 ./RICHARDSON_Marc_web_decision.pdf- -- ./RICHARDSON_Marc_web_decision.pdf-expecting anyone to enter the hall whilst they were under the stage. Mr Richardson ./RICHARDSON_Marc_web_decision.pdf-admits allegation 2(e), and that both Pupil B and Mr Richardson gave inconsistent ./RICHARDSON_Marc_web_decision.pdf-accounts for why they were under the stage. In the view of the panel, the meeting was ./RICHARDSON_Marc_web_decision.pdf:clearly illicit and should not have taken place. There is no persuasive evidence of sexual ./RICHARDSON_Marc_web_decision.pdf-contact taking place on that occasion. ./RICHARDSON_Marc_web_decision.pdf- ./RICHARDSON_Marc_web_decision.pdf-Pupil C gave oral evidence at the hearing that Pupil B had told her that she had done ./RICHARDSON_Marc_web_decision.pdf-“everything” with her boyfriend, and that Pupil B later admitted to Pupil C in the summer ./RICHARDSON_Marc_web_decision.pdf-of 2014 that the boyfriend in question was Mr Richardson. The panel found Pupil C an ./RICHARDSON_Marc_web_decision.pdf-honest witness and that her written and oral accounts of events were broadly consistent ./RICHARDSON_Marc_web_decision.pdf-and credible. ./RICHARDSON_Marc_web_decision.pdf- ./RICHARDSON_Marc_web_decision.pdf-The panel considered the Whatsapp messages and the evidence of Pupil C support a ./RICHARDSON_Marc_web_decision.pdf:finding of a sexual relationship and sexual contact between Mr Richardson and Pupil B. ./RICHARDSON_Marc_web_decision.pdf-The panel considers that the fact that Pupil B had deleted all her messages on her phone ./RICHARDSON_Marc_web_decision.pdf-was suspicious. The panel recognises its conclusion is based in part on hearsay ./RICHARDSON_Marc_web_decision.pdf-evidence, but attaches significant weight to the Whatsapp conversations, which are ./RICHARDSON_Marc_web_decision.pdf-admitted by Mr Richardson, and Pupil C’s oral evidence. On the balance of probabilities, ./RICHARDSON_Marc_web_decision.pdf-the panel found this allegation proven. ./RICHARDSON_Marc_web_decision.pdf- ./RICHARDSON_Marc_web_decision.pdf: 4. In doing 2 and 3 above your conduct was sexually motivated. ./RICHARDSON_Marc_web_decision.pdf- ./RICHARDSON_Marc_web_decision.pdf-This allegation is denied in the statement of agreed and disputed facts. The presenting ./RICHARDSON_Marc_web_decision.pdf-officer stated during the hearing that the panel is not asked to infer what may or may not ./RICHARDSON_Marc_web_decision.pdf-have happened when Mr Richardson and Pupil B were under the stage on 14 May 2014. ./RICHARDSON_Marc_web_decision.pdf-The panel was invited instead to consider whether Mr Richardson’s conduct towards ./RICHARDSON_Marc_web_decision.pdf:Pupil B in a wider context was sexually motivated. ./RICHARDSON_Marc_web_decision.pdf- ./RICHARDSON_Marc_web_decision.pdf-Mr Richardson’s representative argued that it should be of concern to the panel that Pupil ./RICHARDSON_Marc_web_decision.pdf-B is not willing to support these proceedings and this particular allegation against Mr ./RICHARDSON_Marc_web_decision.pdf-Richardson. The presenting officer argued that the absence of Pupil B does not prevent ./RICHARDSON_Marc_web_decision.pdf-the panel making findings and there is sufficient evidence before it to prove the facts of ./RICHARDSON_Marc_web_decision.pdf:the case and sexual motivation. ./RICHARDSON_Marc_web_decision.pdf- ./RICHARDSON_Marc_web_decision.pdf-The panel was advised by the legal advisor that the first question the panel needs to ask ./RICHARDSON_Marc_web_decision.pdf-itself is whether reasonable persons would think the words/actions found proven against ./RICHARDSON_Marc_web_decision.pdf:Mr Richardson could be sexual i.e. an objective test. If so, the panel would then need to ./RICHARDSON_Marc_web_decision.pdf-go on to ask itself a second question: whether in all the circumstances of the conduct in ./RICHARDSON_Marc_web_decision.pdf:the case, whether Mr Richardson’s purpose of such words/actions was sexual, i.e. the ./RICHARDSON_Marc_web_decision.pdf-subjective limb. ./RICHARDSON_Marc_web_decision.pdf- ./RICHARDSON_Marc_web_decision.pdf-On the balance of probabilities, the panel considered that Mr Richardson’s behaviour ./RICHARDSON_Marc_web_decision.pdf:towards Pupil B was sexually motivated. A reasonable person would consider that Mr ./RICHARDSON_Marc_web_decision.pdf-Richardson’s participation in the Whatsapp messages/conversations included in the ./RICHARDSON_Marc_web_decision.pdf- ./RICHARDSON_Marc_web_decision.pdf- ./RICHARDSON_Marc_web_decision.pdf- ./RICHARDSON_Marc_web_decision.pdf- 11 ./RICHARDSON_Marc_web_decision.pdf- -- ./RICHARDSON_Marc_web_decision.pdf:bundle could only be sexually motivated because of their explicit content, use of sexual ./RICHARDSON_Marc_web_decision.pdf:swear words and references to sexual acts between them. ./RICHARDSON_Marc_web_decision.pdf- ./RICHARDSON_Marc_web_decision.pdf-Further, the panel considered Mr Richardson would have realised that his words and ./RICHARDSON_Marc_web_decision.pdf-actions, in participating in those messages/conversations, were clearly contrary to both ./RICHARDSON_Marc_web_decision.pdf-the School’s safeguarding policies and a direct contravention of the final written warning, ./RICHARDSON_Marc_web_decision.pdf-the direct management instruction (referred to in allegation 5 below). In light of this, the ./RICHARDSON_Marc_web_decision.pdf-panel has determined that Mr Richardson’s purpose for such communications cannot be ./RICHARDSON_Marc_web_decision.pdf:anything other than motivated by sex. The panel found this allegation proven. ./RICHARDSON_Marc_web_decision.pdf- ./RICHARDSON_Marc_web_decision.pdf- 5. In doing 2 above you acted against a direct management instruction by ./RICHARDSON_Marc_web_decision.pdf- failing to refrain from contact with pupils and report any such contact to ./RICHARDSON_Marc_web_decision.pdf- your employer. ./RICHARDSON_Marc_web_decision.pdf- ./RICHARDSON_Marc_web_decision.pdf-This allegation has been admitted in the statement of agreed and disputed facts and ./RICHARDSON_Marc_web_decision.pdf-therefore is found proved. ./RICHARDSON_Marc_web_decision.pdf- ./RICHARDSON_Marc_web_decision.pdf-The panel has found the following particulars of the allegation against you not proven, for ./RICHARDSON_Marc_web_decision.pdf-these reasons: -- ./RICHARDSON_Marc_web_decision.pdf-  Teachers must have proper and professional regard for the ethos, policies and ./RICHARDSON_Marc_web_decision.pdf- practices of the school in which they teach, and maintain high standards in their ./RICHARDSON_Marc_web_decision.pdf- own attendance and punctuality. ./RICHARDSON_Marc_web_decision.pdf-  Teachers must have an understanding of, and always act within, the statutory ./RICHARDSON_Marc_web_decision.pdf- frameworks which set out their professional duties and responsibilities. ./RICHARDSON_Marc_web_decision.pdf-The panel is satisfied that the conduct of Mr Richardson fell significantly short of the ./RICHARDSON_Marc_web_decision.pdf-standards expected of the profession. ./RICHARDSON_Marc_web_decision.pdf- ./RICHARDSON_Marc_web_decision.pdf-The panel has also considered whether Mr Richardson’s conduct displayed behaviours ./RICHARDSON_Marc_web_decision.pdf-associated with any of the offences listed on pages 8 and 9 of the Advice. The panel has ./RICHARDSON_Marc_web_decision.pdf:found that the offence of sexual activity is relevant because it has found that a sexual ./RICHARDSON_Marc_web_decision.pdf-contact occurred with a pupil who was aged 14 at the relevant time. The Advice indicates ./RICHARDSON_Marc_web_decision.pdf- ./RICHARDSON_Marc_web_decision.pdf- ./RICHARDSON_Marc_web_decision.pdf- ./RICHARDSON_Marc_web_decision.pdf- 13 ./RICHARDSON_Marc_web_decision.pdf- -- ./RICHARDSON_Marc_web_decision.pdf-are likely to have punitive effect. ./RICHARDSON_Marc_web_decision.pdf- ./RICHARDSON_Marc_web_decision.pdf-The panel has considered the particular public interest considerations set out in the ./RICHARDSON_Marc_web_decision.pdf-Advice and having done so has found a number of them to be relevant in this case, ./RICHARDSON_Marc_web_decision.pdf-namely the protection of pupils, the maintenance of public confidence in the profession ./RICHARDSON_Marc_web_decision.pdf-and declaring and upholding proper standards of conduct. ./RICHARDSON_Marc_web_decision.pdf- ./RICHARDSON_Marc_web_decision.pdf-In light of the panel’s findings against Mr Richardson, there is a strong public interest ./RICHARDSON_Marc_web_decision.pdf-consideration in respect of the protection of pupils given the serious findings of failing to ./RICHARDSON_Marc_web_decision.pdf-maintain appropriate professional boundaries in his communications with Pupil A and ./RICHARDSON_Marc_web_decision.pdf:Pupil B, and sexual activity with Pupil B. ./RICHARDSON_Marc_web_decision.pdf- ./RICHARDSON_Marc_web_decision.pdf-The panel considers that public confidence in the profession would be seriously ./RICHARDSON_Marc_web_decision.pdf-weakened if conduct such as that found against Mr Richardson were not treated with the ./RICHARDSON_Marc_web_decision.pdf-utmost seriousness when regulating the conduct of the profession. ./RICHARDSON_Marc_web_decision.pdf- ./RICHARDSON_Marc_web_decision.pdf-The panel considered that a strong public interest consideration in declaring proper ./RICHARDSON_Marc_web_decision.pdf-standards of conduct in the profession was also present as the conduct found against Mr ./RICHARDSON_Marc_web_decision.pdf-Richardson was, by any measure, outside that which could reasonably be tolerated. ./RICHARDSON_Marc_web_decision.pdf- ./RICHARDSON_Marc_web_decision.pdf-Notwithstanding the clear public interest considerations that were present, the panel -- ./RICHARDSON_Marc_web_decision.pdf-Richardson. The panel took further account of the Advice, which suggests that a ./RICHARDSON_Marc_web_decision.pdf-prohibition order may be appropriate if certain behaviours of a teacher have been proven. ./RICHARDSON_Marc_web_decision.pdf-In the list of such behaviours, those that are relevant in this case are: ./RICHARDSON_Marc_web_decision.pdf- ./RICHARDSON_Marc_web_decision.pdf-  serious departure from the personal and professional conduct elements of the ./RICHARDSON_Marc_web_decision.pdf- Teachers’ Standards; ./RICHARDSON_Marc_web_decision.pdf-  misconduct seriously affecting the education and/or well-being of pupils, and ./RICHARDSON_Marc_web_decision.pdf- particularly where there is a continuing risk; ./RICHARDSON_Marc_web_decision.pdf-  abuse of position or trust (particularly involving vulnerable pupils) or violation of the ./RICHARDSON_Marc_web_decision.pdf- rights of pupils; ./RICHARDSON_Marc_web_decision.pdf:  sexual misconduct, e.g. involving actions that were sexually motivated or of a ./RICHARDSON_Marc_web_decision.pdf: sexual nature and/or that use or exploit the trust, knowledge or influence derived ./RICHARDSON_Marc_web_decision.pdf- from the individual’s professional position. ./RICHARDSON_Marc_web_decision.pdf-Even though there were behaviours that would point to a prohibition order being ./RICHARDSON_Marc_web_decision.pdf-appropriate, the panel went on to consider whether or not there were sufficient mitigating ./RICHARDSON_Marc_web_decision.pdf-factors to render a prohibition order being an appropriate and proportionate measure to ./RICHARDSON_Marc_web_decision.pdf-impose, particularly taking into account the nature and severity of the behaviour in this ./RICHARDSON_Marc_web_decision.pdf-case. Mr Richardson’s representative proffered no mitigation evidence on behalf of Mr ./RICHARDSON_Marc_web_decision.pdf-Richardson. The panel considered that Mr Richardson’s actions were deliberate, and ./RICHARDSON_Marc_web_decision.pdf-there was no evidence he was acting under duress. His behaviour was sustained over a ./RICHARDSON_Marc_web_decision.pdf-period of time, and in relation to Pupil B, was contrary to the management advice Mr ./RICHARDSON_Marc_web_decision.pdf-Richardson had received from the School following the incidents with Pupil A. -- ./RICHARDSON_Marc_web_decision.pdf-may make it appropriate to allow a teacher to apply to have the prohibition order ./RICHARDSON_Marc_web_decision.pdf-reviewed after a specified period of time that may not be less than 2 years. ./RICHARDSON_Marc_web_decision.pdf- ./RICHARDSON_Marc_web_decision.pdf-The Advice indicates that there are behaviours that, if proven, would militate against a ./RICHARDSON_Marc_web_decision.pdf:review period being recommended. One of these behaviours includes serious sexual ./RICHARDSON_Marc_web_decision.pdf:misconduct, e.g. where the act was sexually motivated and resulted in or had the ./RICHARDSON_Marc_web_decision.pdf-potential to result in, harm to a person or persons, particularly where the individual has ./RICHARDSON_Marc_web_decision.pdf-used their professional position to influence or exploit a person or persons. The panel ./RICHARDSON_Marc_web_decision.pdf:has found that Mr Richardson’s sexually motivated behaviour resulted in a serious abuse ./RICHARDSON_Marc_web_decision.pdf-of trust which caused harm to Pupil B. ./RICHARDSON_Marc_web_decision.pdf- ./RICHARDSON_Marc_web_decision.pdf-The panel does not find any evidence of Mr Richardson having expressed remorse or ./RICHARDSON_Marc_web_decision.pdf-insight into his actions. Therefore, the panel recommends that a prohibition order is ./RICHARDSON_Marc_web_decision.pdf-imposed without provision for a review period. ./RICHARDSON_Marc_web_decision.pdf- ./RICHARDSON_Marc_web_decision.pdf- ./RICHARDSON_Marc_web_decision.pdf-Decision and reasons on behalf of the Secretary of State ./RICHARDSON_Marc_web_decision.pdf-I have given careful consideration to the findings and recommendations of the panel in ./RICHARDSON_Marc_web_decision.pdf-this case. The panel has found a range of allegations proven and consider that those ./RICHARDSON_Marc_web_decision.pdf-facts amount to unacceptable professional conduct. ./RICHARDSON_Marc_web_decision.pdf- ./RICHARDSON_Marc_web_decision.pdf-In considering whether to recommend prohibition as an appropriate and proportionate ./RICHARDSON_Marc_web_decision.pdf-sanction the panel has properly considered the public interest. It has found a number to ./RICHARDSON_Marc_web_decision.pdf-be relevant in this case namely, the protection of pupils, maintenance of public ./RICHARDSON_Marc_web_decision.pdf-confidence in the profession and declaring and upholding proper standards of conduct. ./RICHARDSON_Marc_web_decision.pdf- ./RICHARDSON_Marc_web_decision.pdf-There was no evidence to suggest that Mr Richardson was acting under duress and it ./RICHARDSON_Marc_web_decision.pdf-was clear to the panel that his actions were deliberate. Mr Richardson’s behaviour ./RICHARDSON_Marc_web_decision.pdf:involves serious sexual misconduct. He has abused his position of trust and caused harm ./RICHARDSON_Marc_web_decision.pdf-to Pupil B. ./RICHARDSON_Marc_web_decision.pdf- ./RICHARDSON_Marc_web_decision.pdf-Mr Richardson has shown no insight or remorse into his actions and I agree with the ./RICHARDSON_Marc_web_decision.pdf-panel recommendation that he should be prohibited without the opportunity to apply to ./RICHARDSON_Marc_web_decision.pdf-have the order set aside at a future date. ./RICHARDSON_Marc_web_decision.pdf- ./RICHARDSON_Marc_web_decision.pdf-This means that Mr Marc Richardson is prohibited from teaching indefinitely and ./RICHARDSON_Marc_web_decision.pdf-cannot teach in any school, sixth form college, relevant youth accommodation or ./RICHARDSON_Marc_web_decision.pdf-children’s home in England. Furthermore, in view of the seriousness of the allegations ./RICHARDSON_Marc_web_decision.pdf-found proved against him, I have decided that Mr Marc Richardson shall not be entitled to ./Roberts_Andrew__15311__-_Web_Decision.pdf- c. Received explicit images from her and failed to take any appropriate action; ./Roberts_Andrew__15311__-_Web_Decision.pdf- ./Roberts_Andrew__15311__-_Web_Decision.pdf- d. Sent explicit images to her including an image of a naked, aroused, male. ./Roberts_Andrew__15311__-_Web_Decision.pdf- ./Roberts_Andrew__15311__-_Web_Decision.pdf: 2. His actions set out at paragraph (1) above were sexually motivated. ./Roberts_Andrew__15311__-_Web_Decision.pdf- ./Roberts_Andrew__15311__-_Web_Decision.pdf-Mr Roberts admitted the facts of allegation 1.b. and 1.c. However, he did not accept that ./Roberts_Andrew__15311__-_Web_Decision.pdf-they amounted to unacceptable professional conduct or conduct that would bring the ./Roberts_Andrew__15311__-_Web_Decision.pdf-profession into disrepute. Mr Roberts denied the facts of allegations 1.a, 1.d. and 2. ./Roberts_Andrew__15311__-_Web_Decision.pdf-Therefore, the case proceeded as a disputed case. ./Roberts_Andrew__15311__-_Web_Decision.pdf- ./Roberts_Andrew__15311__-_Web_Decision.pdf- ./Roberts_Andrew__15311__-_Web_Decision.pdf-C. Preliminary applications ./Roberts_Andrew__15311__-_Web_Decision.pdf-Proceeding in Absence ./Roberts_Andrew__15311__-_Web_Decision.pdf- -- ./Roberts_Andrew__15311__-_Web_Decision.pdf-He explained that he did send and receive text messages with Student 1. “However, this ./Roberts_Andrew__15311__-_Web_Decision.pdf-was prior to finding out that Student 1 was an ex-pupil … and after she had left the ./Roberts_Andrew__15311__-_Web_Decision.pdf-[School A]”. He explained that he stopped contact once he found out she was a former ./Roberts_Andrew__15311__-_Web_Decision.pdf-student at School A. With regards to the explicit images received from Student 1, Mr ./Roberts_Andrew__15311__-_Web_Decision.pdf-Roberts said “I did not ask Student 1 to send any images of her”. This explanation was ./Roberts_Andrew__15311__-_Web_Decision.pdf-consistent with that relayed during the school investigation and in his further written ./Roberts_Andrew__15311__-_Web_Decision.pdf-representations. ./Roberts_Andrew__15311__-_Web_Decision.pdf- ./Roberts_Andrew__15311__-_Web_Decision.pdf-The panel considered the written evidence of Student 1 who stated that she began ./Roberts_Andrew__15311__-_Web_Decision.pdf-exchanging messages with Mr Roberts. She explained that “the language used in these ./Roberts_Andrew__15311__-_Web_Decision.pdf:messages was of a sexual nature and we discussed exchanging pictures”. The images ./Roberts_Andrew__15311__-_Web_Decision.pdf-were sent via iMessage and Snapchat. This account is consistent with the account ./Roberts_Andrew__15311__-_Web_Decision.pdf-relayed Students 2, 3, 4, and 5 during the school investigation when they recalled what ./Roberts_Andrew__15311__-_Web_Decision.pdf-Student 1 had told them in November 2015. ./Roberts_Andrew__15311__-_Web_Decision.pdf- ./Roberts_Andrew__15311__-_Web_Decision.pdf-The panel had regard to School A’s code of conduct for working with children (the ./Roberts_Andrew__15311__-_Web_Decision.pdf-“Code”) which defined a child as “anyone who has not yet reached their 19 th birthday”. ./Roberts_Andrew__15311__-_Web_Decision.pdf-The Code provided that “Workers must … not promote relationships which create a ./Roberts_Andrew__15311__-_Web_Decision.pdf:personal friendship or are of a sexual nature, or which may become so”. Under the ./Roberts_Andrew__15311__-_Web_Decision.pdf-heading “Infatuations” it was noted that “Workers must … make sure their own behaviour ./Roberts_Andrew__15311__-_Web_Decision.pdf-is beyond reproach”. Such situation should be reported to a senior manager. The Code ./Roberts_Andrew__15311__-_Web_Decision.pdf-goes on to state under the heading “Communication (including the use of technology)” ./Roberts_Andrew__15311__-_Web_Decision.pdf-that “Workers must … ensure communication takes place within clear and explicit ./Roberts_Andrew__15311__-_Web_Decision.pdf-professional boundaries [and] only use text messaging as a last resort”. Staff are advised ./Roberts_Andrew__15311__-_Web_Decision.pdf-“not to have secret social contact with children” and to “advise senior management of any ./Roberts_Andrew__15311__-_Web_Decision.pdf- ./Roberts_Andrew__15311__-_Web_Decision.pdf- 7 ./Roberts_Andrew__15311__-_Web_Decision.pdf- -- ./Roberts_Andrew__15311__-_Web_Decision.pdf-social contact that has occurred which may raise concern”. Finally, staff are advised not ./Roberts_Andrew__15311__-_Web_Decision.pdf:to “have any form of communication which could be interpreted as sexually suggestive or ./Roberts_Andrew__15311__-_Web_Decision.pdf:provocative or make sexual remarks to, or about a child”. ./Roberts_Andrew__15311__-_Web_Decision.pdf- ./Roberts_Andrew__15311__-_Web_Decision.pdf-The panel also had regard to School A’s safeguarding children and young people policy ./Roberts_Andrew__15311__-_Web_Decision.pdf-(the “Policy”) which defined a child as, “all young people who have not yet reached the ./Roberts_Andrew__15311__-_Web_Decision.pdf-age of 18” and noted the direct contradiction with the definition of child in the Code. ./Roberts_Andrew__15311__-_Web_Decision.pdf-When this discrepancy was put to Witness A, the headteacher, he explained that it had ./Roberts_Andrew__15311__-_Web_Decision.pdf-only recently been brought to his attention. He explained there was no significance to be ./Roberts_Andrew__15311__-_Web_Decision.pdf-attached to the difference in the definition; it was merely an oversight. The substance of ./Roberts_Andrew__15311__-_Web_Decision.pdf-the Code and Policy are clear; social contact with pupils should be limited to professional ./Roberts_Andrew__15311__-_Web_Decision.pdf-purposes. ./Roberts_Andrew__15311__-_Web_Decision.pdf- -- ./Roberts_Andrew__15311__-_Web_Decision.pdf-have disappeared after 10 seconds unless a screenshot was taken. The panel noted that ./Roberts_Andrew__15311__-_Web_Decision.pdf-Student 1 explained clearly how she used the photo storage application in presenting the ./Roberts_Andrew__15311__-_Web_Decision.pdf-pictures to her friends in November 2015. However, it considered that her explanation as ./Roberts_Andrew__15311__-_Web_Decision.pdf-to how the pictures appeared on her phone in the first instance was vague. ./Roberts_Andrew__15311__-_Web_Decision.pdf- ./Roberts_Andrew__15311__-_Web_Decision.pdf-The panel considered all of the evidence, and on the balance of probabilities the panel ./Roberts_Andrew__15311__-_Web_Decision.pdf-found that there was insufficient evidence to conclude that Mr Roberts sent explicit ./Roberts_Andrew__15311__-_Web_Decision.pdf-images to Student 1. Consequently, the panel find this particular of the allegation not to ./Roberts_Andrew__15311__-_Web_Decision.pdf-be proved. ./Roberts_Andrew__15311__-_Web_Decision.pdf- ./Roberts_Andrew__15311__-_Web_Decision.pdf: 2. Your actions set out at paragraphs (1) above were sexually motivated. ./Roberts_Andrew__15311__-_Web_Decision.pdf- ./Roberts_Andrew__15311__-_Web_Decision.pdf-As the panel found allegations 1.b. and c. proven, the panel went on to consider the two ./Roberts_Andrew__15311__-_Web_Decision.pdf:stage test for sexual motivation – firstly, whether on the balance of probabilities a ./Roberts_Andrew__15311__-_Web_Decision.pdf:reasonable person would think the actions could be sexual and secondly whether, in all ./Roberts_Andrew__15311__-_Web_Decision.pdf-the circumstances of the conduct in the case, it was more likely than not that the ./Roberts_Andrew__15311__-_Web_Decision.pdf:teacher’s purpose in such actions was sexual. ./Roberts_Andrew__15311__-_Web_Decision.pdf- ./Roberts_Andrew__15311__-_Web_Decision.pdf-The panel noted that the facts of the allegations found to be proved against Mr Roberts ./Roberts_Andrew__15311__-_Web_Decision.pdf-included exchanging messages to Student 1, and receiving explicit images from Student ./Roberts_Andrew__15311__-_Web_Decision.pdf-1. ./Roberts_Andrew__15311__-_Web_Decision.pdf- ./Roberts_Andrew__15311__-_Web_Decision.pdf:Mr Roberts denied that his actions were sexually motivated. He stated “I never taught ./Roberts_Andrew__15311__-_Web_Decision.pdf-Student 1 and there was no intention of developing a more intimate relationship. I was ./Roberts_Andrew__15311__-_Web_Decision.pdf-unaware of the existence of Student 1 until she had left the [school]”. In her evidence, ./Roberts_Andrew__15311__-_Web_Decision.pdf:Student 1 stated that the messages exchanged were of a sexual nature and led to Mr ./Roberts_Andrew__15311__-_Web_Decision.pdf-Roberts’ asking her for “nudes”. Mr Roberts strongly denied this. During the school ./Roberts_Andrew__15311__-_Web_Decision.pdf-investigation meeting, he stated that the messages were “just getting to know someone, ./Roberts_Andrew__15311__-_Web_Decision.pdf-that person turned it flirty, not rude or derogatory. No explicit content sent”. ./Roberts_Andrew__15311__-_Web_Decision.pdf- ./Roberts_Andrew__15311__-_Web_Decision.pdf-The panel noted that there was insufficient evidence to conclude that, on the balance of ./Roberts_Andrew__15311__-_Web_Decision.pdf:probabilities, the content of the messages was sexual, as they have not had sight of any ./Roberts_Andrew__15311__-_Web_Decision.pdf-messages exchanged and Student 1 was not clear as to the content of those messages. ./Roberts_Andrew__15311__-_Web_Decision.pdf-Furthermore, whilst Mr Roberts received explicit images from Student 1, the panel were ./Roberts_Andrew__15311__-_Web_Decision.pdf-not convinced by Student 1’s assertion that he requested sight of those images. ./Roberts_Andrew__15311__-_Web_Decision.pdf-Furthermore, the panel found that a reasonable person would consider a failure to report ./Roberts_Andrew__15311__-_Web_Decision.pdf- ./Roberts_Andrew__15311__-_Web_Decision.pdf- ./Roberts_Andrew__15311__-_Web_Decision.pdf- 10 ./Roberts_Andrew__15311__-_Web_Decision.pdf- -- ./Roberts_Andrew__15311__-_Web_Decision.pdf-receipt of such images ill advised. However, the panel did not believed that the ./Roberts_Andrew__15311__-_Web_Decision.pdf:reasonable person would find this to be sexual in itself. Consequently, the panel find this ./Roberts_Andrew__15311__-_Web_Decision.pdf-allegation not to be proved. ./Roberts_Andrew__15311__-_Web_Decision.pdf- ./Roberts_Andrew__15311__-_Web_Decision.pdf-Findings as to unacceptable professional conduct and/or conduct that ./Roberts_Andrew__15311__-_Web_Decision.pdf-may bring the profession into disrepute ./Roberts_Andrew__15311__-_Web_Decision.pdf-Having found allegations 1.b. and 1.c. to have been proven, the panel went on to ./Roberts_Andrew__15311__-_Web_Decision.pdf-consider whether the facts of those proven allegations amount to unacceptable ./Roberts_Andrew__15311__-_Web_Decision.pdf-professional conduct and/or conduct that may bring the profession into disrepute. ./Roberts_Andrew__15311__-_Web_Decision.pdf- ./Roberts_Andrew__15311__-_Web_Decision.pdf-In doing so, the panel has had regard to the document Teacher misconduct: The ./Roberts_Andrew__15311__-_Web_Decision.pdf-prohibition of teachers, which the panel refers to as “the Advice”. ./Robert_Walker_-_SoS_Decision1.pdf-B. Allegations ./Robert_Walker_-_SoS_Decision1.pdf-The panel considered the allegation set out in the Notice of Referral dated 28 December ./Robert_Walker_-_SoS_Decision1.pdf-2017. ./Robert_Walker_-_SoS_Decision1.pdf- ./Robert_Walker_-_SoS_Decision1.pdf-It was alleged that Mr Walker was guilty of unacceptable professional conduct and/or ./Robert_Walker_-_SoS_Decision1.pdf-conduct that may bring the profession into disrepute in that: ./Robert_Walker_-_SoS_Decision1.pdf- ./Robert_Walker_-_SoS_Decision1.pdf- 1. Whilst employed as a PE teacher at the School he searched and/or viewed ./Robert_Walker_-_SoS_Decision1.pdf: pornographic material on a school laptop. ./Robert_Walker_-_SoS_Decision1.pdf- ./Robert_Walker_-_SoS_Decision1.pdf-Mr Walker has signed a statement of agreed facts dated 23 March 2018 in which Mr ./Robert_Walker_-_SoS_Decision1.pdf-Walker admits the above allegation and further admits that the facts of the allegation ./Robert_Walker_-_SoS_Decision1.pdf-amount to unacceptable professional conduct and conduct that may bring the profession ./Robert_Walker_-_SoS_Decision1.pdf-in to disrepute. ./Robert_Walker_-_SoS_Decision1.pdf- ./Robert_Walker_-_SoS_Decision1.pdf- ./Robert_Walker_-_SoS_Decision1.pdf-C. Summary of evidence ./Robert_Walker_-_SoS_Decision1.pdf-Documents ./Robert_Walker_-_SoS_Decision1.pdf-In advance of the meeting, the panel received a bundle of documents which included: -- ./Robert_Walker_-_SoS_Decision1.pdf-of the meeting. ./Robert_Walker_-_SoS_Decision1.pdf- ./Robert_Walker_-_SoS_Decision1.pdf-In advance of the meeting, the TRA agreed to a request from Mr Walker that the ./Robert_Walker_-_SoS_Decision1.pdf-allegation be considered without a hearing. The panel has the ability to direct that the ./Robert_Walker_-_SoS_Decision1.pdf-case be considered at a hearing if required in the interests of justice or in the public ./Robert_Walker_-_SoS_Decision1.pdf-interest. The panel did not determine that such a direction is necessary or appropriate in ./Robert_Walker_-_SoS_Decision1.pdf-this case. ./Robert_Walker_-_SoS_Decision1.pdf- ./Robert_Walker_-_SoS_Decision1.pdf-Mr Walker had been employed at the School since 1 September 2006 as a PE teacher. ./Robert_Walker_-_SoS_Decision1.pdf-On 30 January 2017 it was identified through the School’s IT system that Mr Walker had ./Robert_Walker_-_SoS_Decision1.pdf:used his school laptop to access pornographic material outside of school hours whilst at ./Robert_Walker_-_SoS_Decision1.pdf-home. This was reported to the School’s Principal as some of the websites viewed ./Robert_Walker_-_SoS_Decision1.pdf-referred to the term “twinks” which is an American term used for males who are over 18 ./Robert_Walker_-_SoS_Decision1.pdf-years of age but appear younger. The matter was referred to the Local Authority ./Robert_Walker_-_SoS_Decision1.pdf-Designated Officer who thereafter referred the matter to the police. The police undertook ./Robert_Walker_-_SoS_Decision1.pdf-a search of Mr Walker’s house on 1 February 2017 and all IT equipment and phones ./Robert_Walker_-_SoS_Decision1.pdf-were seized. On 9 May 2017, LADO informed the School that the police had concluded ./Robert_Walker_-_SoS_Decision1.pdf-their investigation and no charges would be made. The School subsequently commenced ./Robert_Walker_-_SoS_Decision1.pdf-an internal investigation and Mr Walker attended a disciplinary hearing on 20 June 2017. ./Robert_Walker_-_SoS_Decision1.pdf-Mr Walker admitted that his actions were contrary to the School’s IT Acceptable Use ./Robert_Walker_-_SoS_Decision1.pdf-Policy and the [REDACTED] Staff IT Acceptable Use Policy. Mr Walker was dismissed -- ./Robert_Walker_-_SoS_Decision1.pdf-Findings of fact ./Robert_Walker_-_SoS_Decision1.pdf-The panel’s findings of fact are as follows: ./Robert_Walker_-_SoS_Decision1.pdf- ./Robert_Walker_-_SoS_Decision1.pdf-The panel has found the following particulars of the allegation against you proven, for ./Robert_Walker_-_SoS_Decision1.pdf-these reasons: ./Robert_Walker_-_SoS_Decision1.pdf- ./Robert_Walker_-_SoS_Decision1.pdf-It was alleged that Mr Walker was guilty of unacceptable professional conduct and/or ./Robert_Walker_-_SoS_Decision1.pdf-conduct that may bring the profession into disrepute, in that: ./Robert_Walker_-_SoS_Decision1.pdf- ./Robert_Walker_-_SoS_Decision1.pdf- 1. Whilst employed as a PE teacher at the School he searched and/or viewed ./Robert_Walker_-_SoS_Decision1.pdf: pornographic material on a school laptop. ./Robert_Walker_-_SoS_Decision1.pdf- ./Robert_Walker_-_SoS_Decision1.pdf-The panel had regard to the signed statement of agreed facts in which Mr Walker ./Robert_Walker_-_SoS_Decision1.pdf-admitted this allegation. The panel also considered the evidence provided in the bundle, ./Robert_Walker_-_SoS_Decision1.pdf-namely the minutes from the School’s disciplinary investigation meeting in which Mr ./Robert_Walker_-_SoS_Decision1.pdf:Walker admitted he had accessed pornographic material on the School’s laptop over a ./Robert_Walker_-_SoS_Decision1.pdf-period of 18 months to two years. The panel also considered the evidence contained in ./Robert_Walker_-_SoS_Decision1.pdf-Mr Walker’s statement that he made at the disciplinary hearing held by the School in ./Robert_Walker_-_SoS_Decision1.pdf-which Mr Walker admitted the facts of the allegation. The panel also had regard to the ./Robert_Walker_-_SoS_Decision1.pdf-search history results provided by the School which clearly showed that Mr Walker had ./Robert_Walker_-_SoS_Decision1.pdf:been searching for and viewing pornography on the School’s laptop. The panel finally ./Robert_Walker_-_SoS_Decision1.pdf- ./Robert_Walker_-_SoS_Decision1.pdf- 5 ./Robert_Walker_-_SoS_Decision1.pdf- -- ./Robert_Walker_-_SoS_Decision1.pdf-took into consideration the findings of the police investigation which showed there was no ./Robert_Walker_-_SoS_Decision1.pdf:suggestion that Mr Walker had viewed child pornography. ./Robert_Walker_-_SoS_Decision1.pdf- ./Robert_Walker_-_SoS_Decision1.pdf-The panel therefore found this allegation proven in its entirety. ./Robert_Walker_-_SoS_Decision1.pdf- ./Robert_Walker_-_SoS_Decision1.pdf-Findings as to unacceptable professional conduct and/or conduct that ./Robert_Walker_-_SoS_Decision1.pdf-may bring the profession into disrepute ./Robert_Walker_-_SoS_Decision1.pdf-Having found the allegation proven, the panel has gone on to consider whether the facts ./Robert_Walker_-_SoS_Decision1.pdf-of the proven allegation amount to unacceptable professional conduct and/or conduct ./Robert_Walker_-_SoS_Decision1.pdf-that may bring the profession into disrepute. ./Robert_Walker_-_SoS_Decision1.pdf- ./Robert_Walker_-_SoS_Decision1.pdf-In doing so, the panel has had regard to the document Teacher Misconduct: The -- ./Robert_Walker_-_SoS_Decision1.pdf-Part Two, Mr Walker is in breach of the following standard: ./Robert_Walker_-_SoS_Decision1.pdf- ./Robert_Walker_-_SoS_Decision1.pdf-  Teachers must have proper and professional regard for the ethos, policies and ./Robert_Walker_-_SoS_Decision1.pdf- practices of the school in which they teach. ./Robert_Walker_-_SoS_Decision1.pdf-The panel has also considered whether Mr Walker’s conduct displayed behaviours ./Robert_Walker_-_SoS_Decision1.pdf-associated with any of the offences listed on pages 8 and 9 of the Advice. The panel has ./Robert_Walker_-_SoS_Decision1.pdf-found that none of these offences are relevant. ./Robert_Walker_-_SoS_Decision1.pdf- ./Robert_Walker_-_SoS_Decision1.pdf-The panel notes that the allegation took place outside of the education setting and during ./Robert_Walker_-_SoS_Decision1.pdf-the evenings. However, the panel was mindful that Mr Walker was using a School laptop ./Robert_Walker_-_SoS_Decision1.pdf:to search for and view pornography which was in clear contravention of the School’s IT ./Robert_Walker_-_SoS_Decision1.pdf-Acceptable Use Policy and the [REDACTED] Staff IT Acceptable Use Policy. The panel ./Robert_Walker_-_SoS_Decision1.pdf-was also mindful that Mr Walker had acted as Head of Department and therefore should ./Robert_Walker_-_SoS_Decision1.pdf-have been leading by example. Whilst the panel did not consider that there were any ./Robert_Walker_-_SoS_Decision1.pdf-safeguarding issues with this behaviour, the panel did believe it would damage the ./Robert_Walker_-_SoS_Decision1.pdf-public’s perception of the teaching profession and there were public interest factors to ./Robert_Walker_-_SoS_Decision1.pdf-consider. ./Robert_Walker_-_SoS_Decision1.pdf- ./Robert_Walker_-_SoS_Decision1.pdf-Accordingly, the panel is satisfied that Mr Walker is guilty of unacceptable professional ./Robert_Walker_-_SoS_Decision1.pdf-conduct. ./Robert_Walker_-_SoS_Decision1.pdf- -- ./Robert_Walker_-_SoS_Decision1.pdf-should be made, the panel has to consider whether it is an appropriate and proportionate ./Robert_Walker_-_SoS_Decision1.pdf-measure, and whether it is in the public interest to do so. Prohibition orders should not be ./Robert_Walker_-_SoS_Decision1.pdf-given in order to be punitive, or to show that blame has been apportioned, although they ./Robert_Walker_-_SoS_Decision1.pdf-are likely to have punitive effect. ./Robert_Walker_-_SoS_Decision1.pdf- ./Robert_Walker_-_SoS_Decision1.pdf-The panel has considered the particular public interest considerations set out in the ./Robert_Walker_-_SoS_Decision1.pdf-Advice and having done so has found one of them to be relevant in this case, namely, ./Robert_Walker_-_SoS_Decision1.pdf-the maintenance of public confidence in the profession. ./Robert_Walker_-_SoS_Decision1.pdf- ./Robert_Walker_-_SoS_Decision1.pdf-In light of the panel’s findings against Mr Walker, which involved the use of the School’s ./Robert_Walker_-_SoS_Decision1.pdf:laptop to search for and view pornography out of school hours, the panel considers that ./Robert_Walker_-_SoS_Decision1.pdf-the public confidence in the profession could be seriously weakened if conduct such as ./Robert_Walker_-_SoS_Decision1.pdf-that found against Mr Walker was not treated with the utmost seriousness when ./Robert_Walker_-_SoS_Decision1.pdf-regulating the conduct of the profession. The panel did consider that there was no ./Robert_Walker_-_SoS_Decision1.pdf-suggestion that the material viewed by Mr Walker related to children, as confirmed by the ./Robert_Walker_-_SoS_Decision1.pdf-police investigation. However, the panel was mindful that Mr Walker’s actions were in ./Robert_Walker_-_SoS_Decision1.pdf-clear and repeated breach of the School’s IT Acceptable Use Policy and the ./Robert_Walker_-_SoS_Decision1.pdf-[REDACTED] Staff IT Acceptable Use Policy. ./Robert_Walker_-_SoS_Decision1.pdf- ./Robert_Walker_-_SoS_Decision1.pdf-Notwithstanding the clear public interest considerations that were present, the panel ./Robert_Walker_-_SoS_Decision1.pdf-considered carefully whether or not it would be proportionate to impose a prohibition -- ./Robert_Walker_-_SoS_Decision1.pdf-The panel therefore went on to consider whether or not there were sufficient mitigating ./Robert_Walker_-_SoS_Decision1.pdf-factors to militate against a prohibition order being an appropriate and proportionate ./Robert_Walker_-_SoS_Decision1.pdf-measure to impose, particularly taking into account the nature and severity of the ./Robert_Walker_-_SoS_Decision1.pdf-behaviour in this case. ./Robert_Walker_-_SoS_Decision1.pdf- ./Robert_Walker_-_SoS_Decision1.pdf-The panel firstly noted that there was no evidence that Mr Walker’s actions were not ./Robert_Walker_-_SoS_Decision1.pdf-deliberate nor evidence to suggest that he was acting under duress. The panel was also ./Robert_Walker_-_SoS_Decision1.pdf-mindful that by his own admission, Mr Walker had been using the School’s laptop to ./Robert_Walker_-_SoS_Decision1.pdf:search for and view pornography whilst at home over a period of 18 months to two years, ./Robert_Walker_-_SoS_Decision1.pdf-meaning this was not an isolated incident but rather repeated behaviour. ./Robert_Walker_-_SoS_Decision1.pdf- ./Robert_Walker_-_SoS_Decision1.pdf-However, the panel did consider evidence of Mr Walker’s previously good record, ./Robert_Walker_-_SoS_Decision1.pdf-including his role in organising various school trips and work to ensure exceptionally high ./Robert_Walker_-_SoS_Decision1.pdf-GCSE results. The panel was also keen to stress that there was no suggestion that child ./Robert_Walker_-_SoS_Decision1.pdf:pornography had been viewed by Mr Walker and that this had been confirmed during the ./Robert_Walker_-_SoS_Decision1.pdf-course of the police investigation. The panel therefore considered that there were no ./Robert_Walker_-_SoS_Decision1.pdf-safeguarding issues to consider. ./Robert_Walker_-_SoS_Decision1.pdf- ./Robert_Walker_-_SoS_Decision1.pdf-The panel felt that Mr Walker had shown poor judgement in his behaviour but was ./Robert_Walker_-_SoS_Decision1.pdf-mindful that from the outset of the School’s investigations, Mr Walker had admitted the ./Robert_Walker_-_SoS_Decision1.pdf-allegations and had co-operated fully. The panel found that Mr Walker had shown ./Robert_Walker_-_SoS_Decision1.pdf-sufficient insight into his behaviour and considered the evidence provided in Mr Walker’s ./Robert_Walker_-_SoS_Decision1.pdf-response document in which he stated that he fully understands the decision made by ./Robert_Walker_-_SoS_Decision1.pdf-the School to dismiss him and that he knows “his behaviour was below the expectation of ./Robert_Walker_-_SoS_Decision1.pdf-a teacher”. Mr Walker also stated in his response that “I can assure anyone who needs to -- ./Robert_Walker_-_SoS_Decision1.pdf- ./Robert_Walker_-_SoS_Decision1.pdf-The panel therefore went on to consider whether it would be proportionate to conclude ./Robert_Walker_-_SoS_Decision1.pdf-this case with no recommendation of prohibition, considering whether the publication of ./Robert_Walker_-_SoS_Decision1.pdf-the findings made by the panel is sufficient. ./Robert_Walker_-_SoS_Decision1.pdf- ./Robert_Walker_-_SoS_Decision1.pdf-The panel is of the view that applying the standard of the ordinary intelligent citizen ./Robert_Walker_-_SoS_Decision1.pdf-recommending no prohibition order is a proportionate and appropriate response. The ./Robert_Walker_-_SoS_Decision1.pdf-nature and severity of the behaviour is at the least serious end of the possible spectrum. ./Robert_Walker_-_SoS_Decision1.pdf-Therefore, in light of the mitigating factors that were present in this case, the panel has ./Robert_Walker_-_SoS_Decision1.pdf-determined that a recommendation for a prohibition order will not be appropriate in this ./Robert_Walker_-_SoS_Decision1.pdf:case. The panel was mindful that the viewing of legal adult pornography is not an ./Robert_Walker_-_SoS_Decision1.pdf-offence, it is the fact that Mr Walker did so on a School laptop which is inappropriate. ./Robert_Walker_-_SoS_Decision1.pdf- ./Robert_Walker_-_SoS_Decision1.pdf-The panel considers that the publication of the adverse findings it has made is sufficient ./Robert_Walker_-_SoS_Decision1.pdf-to send an appropriate message to Mr Walker as to the standards of behaviour that are ./Robert_Walker_-_SoS_Decision1.pdf-not acceptable. The panel is satisfied this will also meet the public interest requirement of ./Robert_Walker_-_SoS_Decision1.pdf-declaring proper standards of the profession. ./Robert_Walker_-_SoS_Decision1.pdf- ./Robert_Walker_-_SoS_Decision1.pdf- ./Robert_Walker_-_SoS_Decision1.pdf- ./Robert_Walker_-_SoS_Decision1.pdf- 8 -- ./Robert_Walker_-_SoS_Decision1.pdf-being a proportionate response to the misconduct that has been found proven in this ./Robert_Walker_-_SoS_Decision1.pdf-case. ./Robert_Walker_-_SoS_Decision1.pdf- ./Robert_Walker_-_SoS_Decision1.pdf-I have also considered the impact of a prohibition order on Mr Walker himself. The panel ./Robert_Walker_-_SoS_Decision1.pdf-say it had seen evidence of, “Mr Walker’s previously good record, including his role in ./Robert_Walker_-_SoS_Decision1.pdf-organising various school trips and work to ensure exceptionally high GCSE results. The ./Robert_Walker_-_SoS_Decision1.pdf-panel was also keen to stress that there was no suggestion that indecent images of ./Robert_Walker_-_SoS_Decision1.pdf-children had been viewed by Mr Walker and that this had been confirmed during the ./Robert_Walker_-_SoS_Decision1.pdf-course of the police investigation. The panel therefore considered that there were no ./Robert_Walker_-_SoS_Decision1.pdf-safeguarding issues to consider.”. The panel went on to say, “that by his own admission, ./Robert_Walker_-_SoS_Decision1.pdf:Mr Walker had been using the School’s laptop to search for and view pornography whilst ./Robert_Walker_-_SoS_Decision1.pdf-at home over a period of 18 months to two years, meaning this was not an isolated ./Robert_Walker_-_SoS_Decision1.pdf-incident but rather repeated behaviour.” ./Robert_Walker_-_SoS_Decision1.pdf- ./Robert_Walker_-_SoS_Decision1.pdf-A prohibition order would prevent Mr Walker from continuing in the teaching profession. A ./Robert_Walker_-_SoS_Decision1.pdf-prohibition order would also clearly deprive the public of his contribution to the profession ./Robert_Walker_-_SoS_Decision1.pdf-for the period that it is in force. ./Robert_Walker_-_SoS_Decision1.pdf- ./Robert_Walker_-_SoS_Decision1.pdf-In this case I have placed considerable weight on the panel’s comments concerning the ./Robert_Walker_-_SoS_Decision1.pdf-severity of the behaviour and mitigating factors. The panel has said, “The nature and ./Robert_Walker_-_SoS_Decision1.pdf-severity of the behaviour is at the least serious end of the possible spectrum. Therefore, ./Robert_Walker_-_SoS_Decision1.pdf-in light of the mitigating factors that were present in this case, the panel has determined ./Robert_Walker_-_SoS_Decision1.pdf-that a recommendation for a prohibition order will not be appropriate in this case. The ./Robert_Walker_-_SoS_Decision1.pdf:panel was mindful that the viewing of legal adult pornography is not an offence, it is the ./Robert_Walker_-_SoS_Decision1.pdf-fact that Mr Walker did so on a School laptop which is inappropriate.” ./Robert_Walker_-_SoS_Decision1.pdf- ./Robert_Walker_-_SoS_Decision1.pdf-Whilst I recognise that the use of a school laptop was inappropriate, I have concluded ./Robert_Walker_-_SoS_Decision1.pdf-that in light of the circumstances in this case and, in particular, that no offence or ./Robert_Walker_-_SoS_Decision1.pdf- ./Robert_Walker_-_SoS_Decision1.pdf- 10 ./Robert_Walker_-_SoS_Decision1.pdf- ./Robinson__Melanie_-_Web_Decision_211014.pdf-Teacher: Mrs Melanie Robinson ./Robinson__Melanie_-_Web_Decision_211014.pdf- ./Robinson__Melanie_-_Web_Decision_211014.pdf-Teacher ref no: ./Robinson__Melanie_-_Web_Decision_211014.pdf- ./Robinson__Melanie_-_Web_Decision_211014.pdf-Teacher date of birth: ./Robinson__Melanie_-_Web_Decision_211014.pdf- ./Robinson__Melanie_-_Web_Decision_211014.pdf-NCTL Case ref no: 0010998 ./Robinson__Melanie_-_Web_Decision_211014.pdf- ./Robinson__Melanie_-_Web_Decision_211014.pdf-Date of Determination: 17 October 2014 ./Robinson__Melanie_-_Web_Decision_211014.pdf- ./Robinson__Melanie_-_Web_Decision_211014.pdf:Former employer: Woodlands Meed School, West Sussex (previously known as ./Robinson__Melanie_-_Web_Decision_211014.pdf: Newick House School), and LVS Hassocks, West Sussex ./Robinson__Melanie_-_Web_Decision_211014.pdf- ./Robinson__Melanie_-_Web_Decision_211014.pdf- ./Robinson__Melanie_-_Web_Decision_211014.pdf- ./Robinson__Melanie_-_Web_Decision_211014.pdf- ./Robinson__Melanie_-_Web_Decision_211014.pdf-A. Introduction ./Robinson__Melanie_-_Web_Decision_211014.pdf-A Professional Conduct Panel (“the Panel”) of the National College for Teaching and ./Robinson__Melanie_-_Web_Decision_211014.pdf-Leadership (“the National College”) convened on 15 October 2014 at 53-55 Butts Road, ./Robinson__Melanie_-_Web_Decision_211014.pdf-Earlsdon Park, Coventry, CV1 3BH to consider the case of Mrs Melanie Robinson. ./Robinson__Melanie_-_Web_Decision_211014.pdf- ./Robinson__Melanie_-_Web_Decision_211014.pdf-The Panel members were Mrs Kathy Thomson (Teacher Panellist - in the Chair), Mr -- ./Robinson__Melanie_-_Web_Decision_211014.pdf- a. On 18 April 2013 whilst employed at LVS Hassocks as a teacher, Mrs ./Robinson__Melanie_-_Web_Decision_211014.pdf- Robinson: ./Robinson__Melanie_-_Web_Decision_211014.pdf- i. Took hold of Pupil B's wrist, arm or other part of her body ./Robinson__Melanie_-_Web_Decision_211014.pdf- ii. Pulled Pupil B from the top of a wardrobe ./Robinson__Melanie_-_Web_Decision_211014.pdf- iii. By her actions set out at 2.a.(i) and 2.a.(ii) above, she caused Pupil B to: ./Robinson__Melanie_-_Web_Decision_211014.pdf- 1. fall to the floor ./Robinson__Melanie_-_Web_Decision_211014.pdf- 2. fracture her wrist ./Robinson__Melanie_-_Web_Decision_211014.pdf- 3. hit her head ./Robinson__Melanie_-_Web_Decision_211014.pdf- 4. hit her knee ./Robinson__Melanie_-_Web_Decision_211014.pdf- 5. have bruising on her knee. ./Robinson__Melanie_-_Web_Decision_211014.pdf:3. On 25 October 2013, Mrs Robinson was cautioned by Sussex Police for the offence of ./Robinson__Melanie_-_Web_Decision_211014.pdf-assault causing actual bodily harm on 18 April 2013, contrary to section 47 of the ./Robinson__Melanie_-_Web_Decision_211014.pdf-Offences against the Person Act 1861. ./Robinson__Melanie_-_Web_Decision_211014.pdf- ./Robinson__Melanie_-_Web_Decision_211014.pdf-Mrs Robinson admits the facts of allegations 1.a.i., 2 and 3 and that these amount to ./Robinson__Melanie_-_Web_Decision_211014.pdf-unacceptable professional conduct. Mrs Robinson does not admit that they amount to ./Robinson__Melanie_-_Web_Decision_211014.pdf-conduct that may bring the profession into disrepute. ./Robinson__Melanie_-_Web_Decision_211014.pdf- ./Robinson__Melanie_-_Web_Decision_211014.pdf-Mrs Robinson does not admit the facts of allegations 1.a.ii. to 1.a.v. ./Robinson__Melanie_-_Web_Decision_211014.pdf- ./Robinson__Melanie_-_Web_Decision_211014.pdf- -- ./Robinson__Melanie_-_Web_Decision_211014.pdf- 5. have bruising on her knee ./Robinson__Melanie_-_Web_Decision_211014.pdf- ./Robinson__Melanie_-_Web_Decision_211014.pdf-The evidence before the Panel was that the impact of Pupil B’s fall was exacerbated by ./Robinson__Melanie_-_Web_Decision_211014.pdf-her landing on the bag that she had thrown at Mrs Robinson, causing her to slip. ./Robinson__Melanie_-_Web_Decision_211014.pdf-Nonetheless, this slip did flow from Mrs Robinson pulling Pupil B from the wardrobe and ./Robinson__Melanie_-_Web_Decision_211014.pdf-therefore the Panel finds this allegation proven. ./Robinson__Melanie_-_Web_Decision_211014.pdf- ./Robinson__Melanie_-_Web_Decision_211014.pdf:3. On 25 October 2013, Mrs Robinson was cautioned by Sussex Police for the ./Robinson__Melanie_-_Web_Decision_211014.pdf-offence of assault causing actual bodily harm on 18 April 2013, contrary to section ./Robinson__Melanie_-_Web_Decision_211014.pdf-47 of the Offences against the Person Act 1861 ./Robinson__Melanie_-_Web_Decision_211014.pdf- ./Robinson__Melanie_-_Web_Decision_211014.pdf-The Panel has seen the Police National Computer record showing this caution and finds ./Robinson__Melanie_-_Web_Decision_211014.pdf-this allegation proven. ./Robinson__Melanie_-_Web_Decision_211014.pdf- ./Robinson__Melanie_-_Web_Decision_211014.pdf-We have found the following particulars of the allegation against Mrs Robinson not ./Robinson__Melanie_-_Web_Decision_211014.pdf-proven, for these reasons: ./Robinson__Melanie_-_Web_Decision_211014.pdf- ./Robinson__Melanie_-_Web_Decision_211014.pdf-1. a. v. By her action set out at 1.a.(ii) and 1.a.(iii) above she caused Pupil A to ./Rogers_G__15411__Web_Decision_-_Redacted.pdf-March 2017. ./Rogers_G__15411__Web_Decision_-_Redacted.pdf- ./Rogers_G__15411__Web_Decision_-_Redacted.pdf-It was alleged that Mr Rogers was guilty of unacceptable professional conduct and/or ./Rogers_G__15411__Web_Decision_-_Redacted.pdf-conduct that may bring the profession into disrepute in that whilst working as a teacher at ./Rogers_G__15411__Web_Decision_-_Redacted.pdf-Stonar School ("the School") he: ./Rogers_G__15411__Web_Decision_-_Redacted.pdf- ./Rogers_G__15411__Web_Decision_-_Redacted.pdf-1. Failed to maintain appropriate professional boundaries and/or appropriate ./Rogers_G__15411__Web_Decision_-_Redacted.pdf- professional standards in respect of Pupil A and/or Pupil B, in particular: ./Rogers_G__15411__Web_Decision_-_Redacted.pdf- ./Rogers_G__15411__Web_Decision_-_Redacted.pdf- a. He engaged in inappropriate conversations with them, particularly of a ./Rogers_G__15411__Web_Decision_-_Redacted.pdf: sexual nature, including but not limited to: ./Rogers_G__15411__Web_Decision_-_Redacted.pdf- ./Rogers_G__15411__Web_Decision_-_Redacted.pdf: i. Telling them about previous sexual experiences; ./Rogers_G__15411__Web_Decision_-_Redacted.pdf- ./Rogers_G__15411__Web_Decision_-_Redacted.pdf: ii. Telling them about the number of previous sexual partners he had ./Rogers_G__15411__Web_Decision_-_Redacted.pdf- had; ./Rogers_G__15411__Web_Decision_-_Redacted.pdf- ./Rogers_G__15411__Web_Decision_-_Redacted.pdf: iii. Telling them that he owned/used sex toys; ./Rogers_G__15411__Web_Decision_-_Redacted.pdf- ./Rogers_G__15411__Web_Decision_-_Redacted.pdf: iv. Telling them who and/or what he found sexually attractive; ./Rogers_G__15411__Web_Decision_-_Redacted.pdf- ./Rogers_G__15411__Web_Decision_-_Redacted.pdf: v. Asking them about their sexual experiences and/or preferences; ./Rogers_G__15411__Web_Decision_-_Redacted.pdf- ./Rogers_G__15411__Web_Decision_-_Redacted.pdf: vi. Discussing people's sexuality and/or stating that "men prefer women ./Rogers_G__15411__Web_Decision_-_Redacted.pdf: who are lesbians/bisexual" or words to that effect; ./Rogers_G__15411__Web_Decision_-_Redacted.pdf- ./Rogers_G__15411__Web_Decision_-_Redacted.pdf- vii. Telling Pupil A that she should lose her virginity by the age of ./Rogers_G__15411__Web_Decision_-_Redacted.pdf- [redacted]; ./Rogers_G__15411__Web_Decision_-_Redacted.pdf- ./Rogers_G__15411__Web_Decision_-_Redacted.pdf- b. Calling them "Babe" or "Baby" or "beautiful" and/or singing love songs to ./Rogers_G__15411__Web_Decision_-_Redacted.pdf- them; ./Rogers_G__15411__Web_Decision_-_Redacted.pdf- ./Rogers_G__15411__Web_Decision_-_Redacted.pdf- c. Asking them if they thought he was attractive and/or would consider going ./Rogers_G__15411__Web_Decision_-_Redacted.pdf- out with him. ./Rogers_G__15411__Web_Decision_-_Redacted.pdf- -- ./Rogers_G__15411__Web_Decision_-_Redacted.pdf: ii. That he no longer wanted to have sexual intercourse with his wife; ./Rogers_G__15411__Web_Decision_-_Redacted.pdf- ./Rogers_G__15411__Web_Decision_-_Redacted.pdf- iii. That he suffers from depression; ./Rogers_G__15411__Web_Decision_-_Redacted.pdf- ./Rogers_G__15411__Web_Decision_-_Redacted.pdf- iv. His personal debt and/or financial difficulties; ./Rogers_G__15411__Web_Decision_-_Redacted.pdf- ./Rogers_G__15411__Web_Decision_-_Redacted.pdf- v. The sale of his house. ./Rogers_G__15411__Web_Decision_-_Redacted.pdf- ./Rogers_G__15411__Web_Decision_-_Redacted.pdf-2. On one or more occasions he offered Pupil A and/or B some of his anti- ./Rogers_G__15411__Web_Decision_-_Redacted.pdf- depressant medication. ./Rogers_G__15411__Web_Decision_-_Redacted.pdf- ./Rogers_G__15411__Web_Decision_-_Redacted.pdf:3. In carrying out the actions described at 1.a. – 1.e. above his actions were sexually ./Rogers_G__15411__Web_Decision_-_Redacted.pdf- motivated. ./Rogers_G__15411__Web_Decision_-_Redacted.pdf- ./Rogers_G__15411__Web_Decision_-_Redacted.pdf-Other than in relation to certain factual elements of allegations 1(a)(vi), 1(b), 1(h)(i), ./Rogers_G__15411__Web_Decision_-_Redacted.pdf-1(h)(ii), 1(h)(iii) and 1(h)(v), the allegations were denied and Mr Rogers also denied that ./Rogers_G__15411__Web_Decision_-_Redacted.pdf-his conduct amounted to unacceptable professional conduct and/or conduct that may ./Rogers_G__15411__Web_Decision_-_Redacted.pdf-bring the profession into disrepute. ./Rogers_G__15411__Web_Decision_-_Redacted.pdf- ./Rogers_G__15411__Web_Decision_-_Redacted.pdf- ./Rogers_G__15411__Web_Decision_-_Redacted.pdf-C. Preliminary application ./Rogers_G__15411__Web_Decision_-_Redacted.pdf-The panel considered an application from Mr Rogers to admit the hearsay evidence of -- ./Rogers_G__15411__Web_Decision_-_Redacted.pdf-Findings of fact ./Rogers_G__15411__Web_Decision_-_Redacted.pdf-Our findings of fact are as follows: ./Rogers_G__15411__Web_Decision_-_Redacted.pdf- ./Rogers_G__15411__Web_Decision_-_Redacted.pdf-We have found the following particulars of the allegation against you proven, for these ./Rogers_G__15411__Web_Decision_-_Redacted.pdf-reasons: ./Rogers_G__15411__Web_Decision_-_Redacted.pdf- ./Rogers_G__15411__Web_Decision_-_Redacted.pdf-1. Failed to maintain appropriate professional boundaries and/or appropriate ./Rogers_G__15411__Web_Decision_-_Redacted.pdf- professional standards in respect of Pupil A and/or Pupil B, in particular: ./Rogers_G__15411__Web_Decision_-_Redacted.pdf- ./Rogers_G__15411__Web_Decision_-_Redacted.pdf-a. You engaged in inappropriate conversations with them, particularly of a ./Rogers_G__15411__Web_Decision_-_Redacted.pdf: sexual nature, including but not limited to: ./Rogers_G__15411__Web_Decision_-_Redacted.pdf- ./Rogers_G__15411__Web_Decision_-_Redacted.pdf: i. Telling them about previous sexual experiences ./Rogers_G__15411__Web_Decision_-_Redacted.pdf- ./Rogers_G__15411__Web_Decision_-_Redacted.pdf-Pupil A alleged that there were 5 or 6 occasions when Mr Rogers discussed topics of a ./Rogers_G__15411__Web_Decision_-_Redacted.pdf:sexual nature which made her feel uncomfortable. She stated that Mr Rogers told her ./Rogers_G__15411__Web_Decision_-_Redacted.pdf:that he had previously had a 'threesome' and that one of his friends had bought him sex ./Rogers_G__15411__Web_Decision_-_Redacted.pdf-toys. ./Rogers_G__15411__Web_Decision_-_Redacted.pdf- ./Rogers_G__15411__Web_Decision_-_Redacted.pdf-Pupil A stated that he would discuss previous girlfriends and referred to an incident ./Rogers_G__15411__Web_Decision_-_Redacted.pdf-where he had "poisoned" a girlfriend while on holiday with her so that he and a friend ./Rogers_G__15411__Web_Decision_-_Redacted.pdf-could socialise with other women. She indicated that this particular conversation had ./Rogers_G__15411__Web_Decision_-_Redacted.pdf-come about when she asked him if he had gone on holiday with the mother of another ./Rogers_G__15411__Web_Decision_-_Redacted.pdf-pupil, which was rumoured at the time. Pupil A stated that this led Mr Rogers to relay, ./Rogers_G__15411__Web_Decision_-_Redacted.pdf-"his holiday stories". In oral evidence she confirmed that this discussion took place in the ./Rogers_G__15411__Web_Decision_-_Redacted.pdf-context of discussing cheating, a topic Pupil A said was brought up by Mr Rogers. ./Rogers_G__15411__Web_Decision_-_Redacted.pdf- ./Rogers_G__15411__Web_Decision_-_Redacted.pdf-Pupil B's evidence was that the topics of conversation Mr Rogers would initiate during ./Rogers_G__15411__Web_Decision_-_Redacted.pdf-lessons became worse, from her perspective, in Year [redacted] and Year [redacted] he ./Rogers_G__15411__Web_Decision_-_Redacted.pdf:started to talk about his sex life. She alleged that he told her about his past sexual ./Rogers_G__15411__Web_Decision_-_Redacted.pdf:experiences and how he owned sex toys, but made her "pinky" promise not to tell ./Rogers_G__15411__Web_Decision_-_Redacted.pdf-anyone. ./Rogers_G__15411__Web_Decision_-_Redacted.pdf- ./Rogers_G__15411__Web_Decision_-_Redacted.pdf:In oral evidence, she elaborated upon matters of a sexual nature said to have been ./Rogers_G__15411__Web_Decision_-_Redacted.pdf:discussed by Mr Rogers and referred to him discussing the topic of his sexual ./Rogers_G__15411__Web_Decision_-_Redacted.pdf- ./Rogers_G__15411__Web_Decision_-_Redacted.pdf- ./Rogers_G__15411__Web_Decision_-_Redacted.pdf- 10 ./Rogers_G__15411__Web_Decision_-_Redacted.pdf- -- ./Rogers_G__15411__Web_Decision_-_Redacted.pdf-experience. The only specific example she gave was that Mr Rogers told her about how ./Rogers_G__15411__Web_Decision_-_Redacted.pdf:someone had offered him a sexual favour whilst he was married. ./Rogers_G__15411__Web_Decision_-_Redacted.pdf- ./Rogers_G__15411__Web_Decision_-_Redacted.pdf-Mr Rogers denied the allegation and the accounts provided by Pupil A and Pupil B. ./Rogers_G__15411__Web_Decision_-_Redacted.pdf- ./Rogers_G__15411__Web_Decision_-_Redacted.pdf-There was accordingly a conflict of evidence. ./Rogers_G__15411__Web_Decision_-_Redacted.pdf- ./Rogers_G__15411__Web_Decision_-_Redacted.pdf-On balance, and having considered all of the evidence the panel preferred the accounts ./Rogers_G__15411__Web_Decision_-_Redacted.pdf-provided by Pupil A and Pupil B. Their accounts alluded to similar experiences and the ./Rogers_G__15411__Web_Decision_-_Redacted.pdf-panel considered that it was highly unlikely, given the detail proffered, that they were ./Rogers_G__15411__Web_Decision_-_Redacted.pdf-fabricated. It therefore concluded that it was more likely than not that Mr Rogers had ./Rogers_G__15411__Web_Decision_-_Redacted.pdf-engaged in conversations with both Pupil A and Pupil B on several occasions in which he ./Rogers_G__15411__Web_Decision_-_Redacted.pdf:discussed previous sexual experiences. Such conversations were clearly inappropriate ./Rogers_G__15411__Web_Decision_-_Redacted.pdf-and, whatever Mr Rogers' motivation was for making such comments, by engaging with ./Rogers_G__15411__Web_Decision_-_Redacted.pdf-the pupils in this manner he had failed to maintain appropriate professional boundaries ./Rogers_G__15411__Web_Decision_-_Redacted.pdf-and standards. ./Rogers_G__15411__Web_Decision_-_Redacted.pdf- ./Rogers_G__15411__Web_Decision_-_Redacted.pdf-The panel therefore found allegation 1(a)(i) proven. ./Rogers_G__15411__Web_Decision_-_Redacted.pdf- ./Rogers_G__15411__Web_Decision_-_Redacted.pdf: iii. Telling them that you owned/used sex toys ./Rogers_G__15411__Web_Decision_-_Redacted.pdf- ./Rogers_G__15411__Web_Decision_-_Redacted.pdf-Pupil A stated in her witness statement to the National College that Mr Rogers told her ./Rogers_G__15411__Web_Decision_-_Redacted.pdf:that one of his friends had bought him sex toys. ./Rogers_G__15411__Web_Decision_-_Redacted.pdf- ./Rogers_G__15411__Web_Decision_-_Redacted.pdf-In oral evidence she elaborated upon the conversation in which this was alleged to have ./Rogers_G__15411__Web_Decision_-_Redacted.pdf-been said to her. ./Rogers_G__15411__Web_Decision_-_Redacted.pdf- ./Rogers_G__15411__Web_Decision_-_Redacted.pdf:Pupil B also alleged that Mr Rogers told her that he owned sex toys and made her ./Rogers_G__15411__Web_Decision_-_Redacted.pdf-promise not to tell anyone. ./Rogers_G__15411__Web_Decision_-_Redacted.pdf- ./Rogers_G__15411__Web_Decision_-_Redacted.pdf-In oral evidence both Pupil A and Pupil B gave identical evidence as to the nature of a ./Rogers_G__15411__Web_Decision_-_Redacted.pdf:specific sex toy referred to by Mr Rogers. ./Rogers_G__15411__Web_Decision_-_Redacted.pdf- ./Rogers_G__15411__Web_Decision_-_Redacted.pdf-Mr Rogers denied this allegation. He stated that no such conversations ever took place. ./Rogers_G__15411__Web_Decision_-_Redacted.pdf- ./Rogers_G__15411__Web_Decision_-_Redacted.pdf-The panel considered that, given the corroboration between the accounts of Pupil A and ./Rogers_G__15411__Web_Decision_-_Redacted.pdf-Pupil B and given the absence of any evidence that they had any reason to fabricate this ./Rogers_G__15411__Web_Decision_-_Redacted.pdf-very specific allegation, it was more likely than not that Mr Rogers did tell both Pupil A ./Rogers_G__15411__Web_Decision_-_Redacted.pdf:and Pupil B that he owned at least one sex toy. There was no evidence that Mr Rogers ./Rogers_G__15411__Web_Decision_-_Redacted.pdf:made any comment to either pupil that he in fact used sex toys. ./Rogers_G__15411__Web_Decision_-_Redacted.pdf- ./Rogers_G__15411__Web_Decision_-_Redacted.pdf-Such discussions were clearly inappropriate and the panel concluded that, by engaging ./Rogers_G__15411__Web_Decision_-_Redacted.pdf-with the pupils in this manner, Mr Rogers had failed to maintain appropriate professional ./Rogers_G__15411__Web_Decision_-_Redacted.pdf-boundaries and standards. ./Rogers_G__15411__Web_Decision_-_Redacted.pdf- ./Rogers_G__15411__Web_Decision_-_Redacted.pdf-Allegation 1(a)(iii) was found proven on that specific basis. ./Rogers_G__15411__Web_Decision_-_Redacted.pdf- ./Rogers_G__15411__Web_Decision_-_Redacted.pdf- ./Rogers_G__15411__Web_Decision_-_Redacted.pdf- ./Rogers_G__15411__Web_Decision_-_Redacted.pdf- 11 -- ./Rogers_G__15411__Web_Decision_-_Redacted.pdf: iv. Telling them who and/or what you found sexually attractive ./Rogers_G__15411__Web_Decision_-_Redacted.pdf- ./Rogers_G__15411__Web_Decision_-_Redacted.pdf-Pupil A alleged that Mr Rogers discussed with her his dislike of "fat women". She also ./Rogers_G__15411__Web_Decision_-_Redacted.pdf-alleged that Mr Rogers told her that he preferred toned women and followed this with, ./Rogers_G__15411__Web_Decision_-_Redacted.pdf-"you're quite muscly aren't you". In her written account provided to Witness A, Pupil A ./Rogers_G__15411__Web_Decision_-_Redacted.pdf-also referred to Mr Rogers describing his "perfect women" and how "his dream woman ./Rogers_G__15411__Web_Decision_-_Redacted.pdf-has to be toned with muscle …". In oral evidence Pupil A also stated that Mr Rogers ./Rogers_G__15411__Web_Decision_-_Redacted.pdf-commented that her mother was, "really pretty". She added that he stated he could, "take ./Rogers_G__15411__Web_Decision_-_Redacted.pdf-your mum off your dad easy." ./Rogers_G__15411__Web_Decision_-_Redacted.pdf- ./Rogers_G__15411__Web_Decision_-_Redacted.pdf-The panel also noted that an extract from an investigation log provided by Wiltshire ./Rogers_G__15411__Web_Decision_-_Redacted.pdf-Police, concerning its meeting with Mr Rogers, also purports to record Mr Rogers ./Rogers_G__15411__Web_Decision_-_Redacted.pdf-accepting that he had probably said that he does not like "fat women". Mr Rogers ./Rogers_G__15411__Web_Decision_-_Redacted.pdf-disputed this was an accurate record of what was said. ./Rogers_G__15411__Web_Decision_-_Redacted.pdf- ./Rogers_G__15411__Web_Decision_-_Redacted.pdf-In oral evidence, Pupil B was asked about other topics Mr Rogers would introduce and ./Rogers_G__15411__Web_Decision_-_Redacted.pdf:stated, "He was like proving he was attracted to what, like his past sexual experience, ./Rogers_G__15411__Web_Decision_-_Redacted.pdf:sexuality." However, she did not provide any specific examples of comments relating to ./Rogers_G__15411__Web_Decision_-_Redacted.pdf:who or what Mr Rogers found sexually attractive. ./Rogers_G__15411__Web_Decision_-_Redacted.pdf- ./Rogers_G__15411__Web_Decision_-_Redacted.pdf:Mr Rogers denied the allegation. He denied that he discussed any matters of a sexual ./Rogers_G__15411__Web_Decision_-_Redacted.pdf-nature with Pupil A or Pupil B. ./Rogers_G__15411__Web_Decision_-_Redacted.pdf- ./Rogers_G__15411__Web_Decision_-_Redacted.pdf-On balance, the panel preferred the evidence of Pupil A. It therefore concluded that Mr ./Rogers_G__15411__Web_Decision_-_Redacted.pdf:Rogers did make comments to Pupil A discussing his sexual preferences. It did not find ./Rogers_G__15411__Web_Decision_-_Redacted.pdf-that any such comments were made to Pupil B. ./Rogers_G__15411__Web_Decision_-_Redacted.pdf- ./Rogers_G__15411__Web_Decision_-_Redacted.pdf-It was plainly inappropriate to have such conversations with a pupil. They have no place ./Rogers_G__15411__Web_Decision_-_Redacted.pdf-in a classroom environment. By engaging with Pupil A in this manner, Mr Rogers had ./Rogers_G__15411__Web_Decision_-_Redacted.pdf-failed to maintain appropriate professional boundaries and professional standards. ./Rogers_G__15411__Web_Decision_-_Redacted.pdf- ./Rogers_G__15411__Web_Decision_-_Redacted.pdf-The panel therefore found allegation 1(a)(iv) proven. ./Rogers_G__15411__Web_Decision_-_Redacted.pdf- ./Rogers_G__15411__Web_Decision_-_Redacted.pdf: v. Asking them about their sexual experiences and/or preferences ./Rogers_G__15411__Web_Decision_-_Redacted.pdf- ./Rogers_G__15411__Web_Decision_-_Redacted.pdf-Pupil A stated that she had a boyfriend, which Mr Rogers was aware of. She alleged that ./Rogers_G__15411__Web_Decision_-_Redacted.pdf:Mr Rogers asked her, "what I had done with him and whether I had kissed him or had sex ./Rogers_G__15411__Web_Decision_-_Redacted.pdf-with him". Her evidence was that she did not respond as she was made to feel very ./Rogers_G__15411__Web_Decision_-_Redacted.pdf-uncomfortable. In her written account to the School, Pupil A also records Mr Rogers ./Rogers_G__15411__Web_Decision_-_Redacted.pdf-asking her if she would, "ever sleep with a black guy". Both Pupil A and Pupil B allege ./Rogers_G__15411__Web_Decision_-_Redacted.pdf-that Mr Rogers asked them if they thought he was attractive, which was the subject of ./Rogers_G__15411__Web_Decision_-_Redacted.pdf-allegation of 1(c). ./Rogers_G__15411__Web_Decision_-_Redacted.pdf- ./Rogers_G__15411__Web_Decision_-_Redacted.pdf-Mr Rogers denied this allegation. He denied making any such comments. ./Rogers_G__15411__Web_Decision_-_Redacted.pdf- ./Rogers_G__15411__Web_Decision_-_Redacted.pdf- ./Rogers_G__15411__Web_Decision_-_Redacted.pdf- -- ./Rogers_G__15411__Web_Decision_-_Redacted.pdf-On balance, the panel preferred the evidence of Pupil A. It therefore concluded that Mr ./Rogers_G__15411__Web_Decision_-_Redacted.pdf:Rogers did ask Pupil A about her sexual experiences with her boyfriend and, albeit to a ./Rogers_G__15411__Web_Decision_-_Redacted.pdf:limited extent, about her sexual preferences. ./Rogers_G__15411__Web_Decision_-_Redacted.pdf- ./Rogers_G__15411__Web_Decision_-_Redacted.pdf-Once again, by its very nature such a conversation was clearly inappropriate. By ./Rogers_G__15411__Web_Decision_-_Redacted.pdf-discussing such matters with Pupil A, Mr Rogers' conduct was such that he had failed to ./Rogers_G__15411__Web_Decision_-_Redacted.pdf-maintain appropriate professional boundaries and standards. ./Rogers_G__15411__Web_Decision_-_Redacted.pdf- ./Rogers_G__15411__Web_Decision_-_Redacted.pdf-The panel therefore found allegation 1(a)(v) proven. ./Rogers_G__15411__Web_Decision_-_Redacted.pdf- ./Rogers_G__15411__Web_Decision_-_Redacted.pdf: vi. Discussing people's sexuality and/or stating that "men prefer women ./Rogers_G__15411__Web_Decision_-_Redacted.pdf: who are lesbians/bisexual" or words to that effect ./Rogers_G__15411__Web_Decision_-_Redacted.pdf- ./Rogers_G__15411__Web_Decision_-_Redacted.pdf-Pupil A stated that during the course of a joint lesson with Pupil B, Mr Rogers relayed to ./Rogers_G__15411__Web_Decision_-_Redacted.pdf:them some statistics as to how many women were "lesbian, bisexual and straight." She ./Rogers_G__15411__Web_Decision_-_Redacted.pdf-alleged that having said this, Mr Rogers: ./Rogers_G__15411__Web_Decision_-_Redacted.pdf- ./Rogers_G__15411__Web_Decision_-_Redacted.pdf-"… left a pause and I felt he was waiting for either myself or Pupil B to say we were ./Rogers_G__15411__Web_Decision_-_Redacted.pdf:bisexual/lesbian. He then told us that men prefer women who are bisexual." ./Rogers_G__15411__Web_Decision_-_Redacted.pdf- ./Rogers_G__15411__Web_Decision_-_Redacted.pdf-Pupil B provided a similar account of this lesson and stated that Mr Rogers talked to her ./Rogers_G__15411__Web_Decision_-_Redacted.pdf-and Pupil A about how men liked lesbians and had referenced statistics. She added that, ./Rogers_G__15411__Web_Decision_-_Redacted.pdf-"I believe he said that men, like, like men I guess thought it was a turn on if the girl's a ./Rogers_G__15411__Web_Decision_-_Redacted.pdf-lesbian which is kind of gross, so yeah." ./Rogers_G__15411__Web_Decision_-_Redacted.pdf- ./Rogers_G__15411__Web_Decision_-_Redacted.pdf-Mr Rogers admitted to a discussion taking place whereby a pupil referred to another pupil ./Rogers_G__15411__Web_Decision_-_Redacted.pdf-being a lesbian and that he had referred to a statistic that 30% of all women had lesbian ./Rogers_G__15411__Web_Decision_-_Redacted.pdf:tendencies. He denied otherwise discussing people's sexuality and also denied that the ./Rogers_G__15411__Web_Decision_-_Redacted.pdf-discussion he did have was inappropriate. In his oral evidence, he stated: ./Rogers_G__15411__Web_Decision_-_Redacted.pdf- ./Rogers_G__15411__Web_Decision_-_Redacted.pdf-"I think they were talking about one of the girls in the school who was a lesbian. … The ./Rogers_G__15411__Web_Decision_-_Redacted.pdf:topic came up, you know, lesbians, bisexuality, that sort of thing. I said – I remember – ./Rogers_G__15411__Web_Decision_-_Redacted.pdf:I'd seen it in the paper that 30% of … I'd read that 30% of women were bisexual or ./Rogers_G__15411__Web_Decision_-_Redacted.pdf-lesbian; that's what I said; and never said anything else." ./Rogers_G__15411__Web_Decision_-_Redacted.pdf- ./Rogers_G__15411__Web_Decision_-_Redacted.pdf-He asserted that Pupil A and Pupil B were otherwise lying in relation to their accounts. ./Rogers_G__15411__Web_Decision_-_Redacted.pdf- ./Rogers_G__15411__Web_Decision_-_Redacted.pdf-The panel preferred the evidence of Pupil A and Pupil B. Their evidence was consistent ./Rogers_G__15411__Web_Decision_-_Redacted.pdf-and it was also supported at least in part by Mr Rogers himself given his partial ./Rogers_G__15411__Web_Decision_-_Redacted.pdf-admission. In addition, in light of the panel's findings in relation to allegations 1(a)(i)-(v) it ./Rogers_G__15411__Web_Decision_-_Redacted.pdf-considered that such a conversation was not atypical of the types of conversations Mr ./Rogers_G__15411__Web_Decision_-_Redacted.pdf-Rogers had with Pupils A and B. ./Rogers_G__15411__Web_Decision_-_Redacted.pdf- ./Rogers_G__15411__Web_Decision_-_Redacted.pdf-The panel therefore found that in this particular lesson Mr Rogers did discuss people's ./Rogers_G__15411__Web_Decision_-_Redacted.pdf:sexuality and made a comment regarding men preferring women who were lesbians or ./Rogers_G__15411__Web_Decision_-_Redacted.pdf:bisexual. ./Rogers_G__15411__Web_Decision_-_Redacted.pdf- ./Rogers_G__15411__Web_Decision_-_Redacted.pdf- ./Rogers_G__15411__Web_Decision_-_Redacted.pdf- 13 ./Rogers_G__15411__Web_Decision_-_Redacted.pdf- -- ./Rogers_G__15411__Web_Decision_-_Redacted.pdf- ./Rogers_G__15411__Web_Decision_-_Redacted.pdf-The panel therefore found allegation 1(a)(vi) proven. ./Rogers_G__15411__Web_Decision_-_Redacted.pdf- ./Rogers_G__15411__Web_Decision_-_Redacted.pdf- vii. Telling Pupil A that she should lose her virginity by the age of ./Rogers_G__15411__Web_Decision_-_Redacted.pdf-[redacted] ./Rogers_G__15411__Web_Decision_-_Redacted.pdf- ./Rogers_G__15411__Web_Decision_-_Redacted.pdf-Pupil A alleged that she was told by Mr Rogers, "how I should lose my virginity at ./Rogers_G__15411__Web_Decision_-_Redacted.pdf-[redacted] years old". ./Rogers_G__15411__Web_Decision_-_Redacted.pdf- ./Rogers_G__15411__Web_Decision_-_Redacted.pdf-In the wider context, as noted above Pupil A had a boyfriend and Mr Rogers asked her ./Rogers_G__15411__Web_Decision_-_Redacted.pdf:"what I had done with him and whether I had kissed him or had sex with him". In her ./Rogers_G__15411__Web_Decision_-_Redacted.pdf-written account to Witness A, Pupil A also referred to Mr Rogers suggesting she should ./Rogers_G__15411__Web_Decision_-_Redacted.pdf:have "at least 4 sexual partners". ./Rogers_G__15411__Web_Decision_-_Redacted.pdf- ./Rogers_G__15411__Web_Decision_-_Redacted.pdf-In oral evidence, she stated that this comment was made in the discussion when Mr ./Rogers_G__15411__Web_Decision_-_Redacted.pdf:Rogers was discussing his own sexual experiences and addressed how he lost his own ./Rogers_G__15411__Web_Decision_-_Redacted.pdf-virginity. ./Rogers_G__15411__Web_Decision_-_Redacted.pdf- ./Rogers_G__15411__Web_Decision_-_Redacted.pdf-Mr Rogers denied that this conversation took place. There were no other witnesses to ./Rogers_G__15411__Web_Decision_-_Redacted.pdf-this conversation. ./Rogers_G__15411__Web_Decision_-_Redacted.pdf- ./Rogers_G__15411__Web_Decision_-_Redacted.pdf-On balance, the panel preferred the evidence of Pupil A which it considered to be clear ./Rogers_G__15411__Web_Decision_-_Redacted.pdf-and credible. She had maintained her position throughout; from the time she gave her ./Rogers_G__15411__Web_Decision_-_Redacted.pdf-first statement to the School through to her oral evidence before the panel. ./Rogers_G__15411__Web_Decision_-_Redacted.pdf- ./Rogers_G__15411__Web_Decision_-_Redacted.pdf-The panel accordingly concluded that Mr Rogers did make a comment to Pupil A to the ./Rogers_G__15411__Web_Decision_-_Redacted.pdf-effect that she should lose her virginity by the age of [redacted]. This comment was made ./Rogers_G__15411__Web_Decision_-_Redacted.pdf:in a wider conversation regarding Mr Rogers' own sexual experiences and the panel ./Rogers_G__15411__Web_Decision_-_Redacted.pdf-concluded that such a conversation was certainly inappropriate. There was no basis for ./Rogers_G__15411__Web_Decision_-_Redacted.pdf-such matters to be discussed with Pupil A or indeed any pupil. By making this comment ./Rogers_G__15411__Web_Decision_-_Redacted.pdf-to Pupil A, the panel considered that Mr Rogers had once again failed to maintain ./Rogers_G__15411__Web_Decision_-_Redacted.pdf-appropriate professional boundaries and standards. ./Rogers_G__15411__Web_Decision_-_Redacted.pdf- ./Rogers_G__15411__Web_Decision_-_Redacted.pdf-The panel therefore found allegation 1(a)(vii) proven. ./Rogers_G__15411__Web_Decision_-_Redacted.pdf- ./Rogers_G__15411__Web_Decision_-_Redacted.pdf-c. Asking them if they thought you were attractive and/or would consider going ./Rogers_G__15411__Web_Decision_-_Redacted.pdf- out with you ./Rogers_G__15411__Web_Decision_-_Redacted.pdf- -- ./Rogers_G__15411__Web_Decision_-_Redacted.pdf-have discussed his divorce in the context of one of the pupils raising it, the panel ./Rogers_G__15411__Web_Decision_-_Redacted.pdf-considered his evidence was equivocal on this issue. Further, there was clear evidence ./Rogers_G__15411__Web_Decision_-_Redacted.pdf-which suggested that a number of conversations took place in relation to this issue. It ./Rogers_G__15411__Web_Decision_-_Redacted.pdf-was put to Mr Rogers in cross-examination that he had "off-loaded" onto Pupils A and B ./Rogers_G__15411__Web_Decision_-_Redacted.pdf-and the panel accepted that this was an accurate description of what had occurred. It ./Rogers_G__15411__Web_Decision_-_Redacted.pdf-considered that this was certainly inappropriate and his behaviour was such that he had ./Rogers_G__15411__Web_Decision_-_Redacted.pdf-failed to maintain appropriate professional boundaries and standards. ./Rogers_G__15411__Web_Decision_-_Redacted.pdf- ./Rogers_G__15411__Web_Decision_-_Redacted.pdf-The panel therefore found allegation 1(h)(i) proven. ./Rogers_G__15411__Web_Decision_-_Redacted.pdf- ./Rogers_G__15411__Web_Decision_-_Redacted.pdf: ii. That you no longer wanted to have sexual intercourse with your wife ./Rogers_G__15411__Web_Decision_-_Redacted.pdf- ./Rogers_G__15411__Web_Decision_-_Redacted.pdf-Pupil A alleged that Mr Rogers told her that he did not want to sleep with his wife and that ./Rogers_G__15411__Web_Decision_-_Redacted.pdf-he was not getting any pleasure from her. Her written account provided to Witness A ./Rogers_G__15411__Web_Decision_-_Redacted.pdf-notes Mr Rogers telling her, "how his wife was quite fat and how he wasn't really ./Rogers_G__15411__Web_Decision_-_Redacted.pdf-attracted to her anymore". ./Rogers_G__15411__Web_Decision_-_Redacted.pdf- ./Rogers_G__15411__Web_Decision_-_Redacted.pdf-Whilst Pupil B did not suggest that Mr Rogers specifically discussed with her the issue of ./Rogers_G__15411__Web_Decision_-_Redacted.pdf:him not wanting sexual intercourse with his wife, her written account to the School ./Rogers_G__15411__Web_Decision_-_Redacted.pdf-records that, "he would often be rude about his wife, I would say something like "don't ./Rogers_G__15411__Web_Decision_-_Redacted.pdf-say that" he would respond, it doesn't matter, I don't really love her". In oral evidence she ./Rogers_G__15411__Web_Decision_-_Redacted.pdf-also stated, "he would sort of complain about his wife and was like "oh she's fat, I don't ./Rogers_G__15411__Web_Decision_-_Redacted.pdf-really love her" saying he was miserable". ./Rogers_G__15411__Web_Decision_-_Redacted.pdf- ./Rogers_G__15411__Web_Decision_-_Redacted.pdf- ./Rogers_G__15411__Web_Decision_-_Redacted.pdf- ./Rogers_G__15411__Web_Decision_-_Redacted.pdf- ./Rogers_G__15411__Web_Decision_-_Redacted.pdf- 18 ./Rogers_G__15411__Web_Decision_-_Redacted.pdf- -- ./Rogers_G__15411__Web_Decision_-_Redacted.pdf:Mr Rogers denied ever alluding to no longer wanting sexual intercourse with his wife. In ./Rogers_G__15411__Web_Decision_-_Redacted.pdf-oral evidence, he stated that his relationship with his wife deteriorated for entirely ./Rogers_G__15411__Web_Decision_-_Redacted.pdf-separate reasons and he would not have made such comments, as they were not true. ./Rogers_G__15411__Web_Decision_-_Redacted.pdf- ./Rogers_G__15411__Web_Decision_-_Redacted.pdf-On balance, the panel considered that it was more likely than not that Mr Rogers did ./Rogers_G__15411__Web_Decision_-_Redacted.pdf:make comments to the effect that he no longer wanted to have sexual intercourse with ./Rogers_G__15411__Web_Decision_-_Redacted.pdf-his wife. It considered this was supported by its findings in relation to allegation 1(h)(i), ./Rogers_G__15411__Web_Decision_-_Redacted.pdf-namely that Mr Rogers had on numerous occasions discussed with Pupils A and B his ./Rogers_G__15411__Web_Decision_-_Redacted.pdf-relationship with his wife. The panel preferred the evidence of Pupil A in relation to this ./Rogers_G__15411__Web_Decision_-_Redacted.pdf-allegation, which was supported in part by Pupil B. ./Rogers_G__15411__Web_Decision_-_Redacted.pdf- ./Rogers_G__15411__Web_Decision_-_Redacted.pdf-The panel concluded that such comments were patently inappropriate and were such ./Rogers_G__15411__Web_Decision_-_Redacted.pdf-that he failed to maintain appropriate professional standards and boundaries. ./Rogers_G__15411__Web_Decision_-_Redacted.pdf- ./Rogers_G__15411__Web_Decision_-_Redacted.pdf-The panel therefore found allegation 1(h)(ii) proven. ./Rogers_G__15411__Web_Decision_-_Redacted.pdf- -- ./Rogers_G__15411__Web_Decision_-_Redacted.pdf- ./Rogers_G__15411__Web_Decision_-_Redacted.pdf-The panel therefore found allegation 1(h)(v) proven on that basis. ./Rogers_G__15411__Web_Decision_-_Redacted.pdf- ./Rogers_G__15411__Web_Decision_-_Redacted.pdf-We have found the following particulars of the allegations against you not proven, for ./Rogers_G__15411__Web_Decision_-_Redacted.pdf-these reasons: ./Rogers_G__15411__Web_Decision_-_Redacted.pdf- ./Rogers_G__15411__Web_Decision_-_Redacted.pdf-1. Failed to maintain appropriate professional boundaries and/or appropriate ./Rogers_G__15411__Web_Decision_-_Redacted.pdf- professional standards in respect of Pupil A and/or Pupil B, in particular: ./Rogers_G__15411__Web_Decision_-_Redacted.pdf- ./Rogers_G__15411__Web_Decision_-_Redacted.pdf-a. You engaged in inappropriate conversations with them, particularly of a ./Rogers_G__15411__Web_Decision_-_Redacted.pdf: sexual nature, including but not limited to: ./Rogers_G__15411__Web_Decision_-_Redacted.pdf- ./Rogers_G__15411__Web_Decision_-_Redacted.pdf: ii. Telling them about the number of previous sexual partners you had ./Rogers_G__15411__Web_Decision_-_Redacted.pdf- had ./Rogers_G__15411__Web_Decision_-_Redacted.pdf- ./Rogers_G__15411__Web_Decision_-_Redacted.pdf-Pupil A alleged that Mr Rogers told her how many men and women he had slept with. ./Rogers_G__15411__Web_Decision_-_Redacted.pdf-She could not recall the exact number. ./Rogers_G__15411__Web_Decision_-_Redacted.pdf- ./Rogers_G__15411__Web_Decision_-_Redacted.pdf-Pupil B did not suggest that any such comment was made in her presence. ./Rogers_G__15411__Web_Decision_-_Redacted.pdf- ./Rogers_G__15411__Web_Decision_-_Redacted.pdf-Mr Rogers denied the allegation. He stated that no such conversation ever took place. ./Rogers_G__15411__Web_Decision_-_Redacted.pdf- ./Rogers_G__15411__Web_Decision_-_Redacted.pdf-The panel considered that whilst it was satisfied that Mr Rogers was likely to have ./Rogers_G__15411__Web_Decision_-_Redacted.pdf:discussed his previous sexual partners in a general sense, as per its findings in ./Rogers_G__15411__Web_Decision_-_Redacted.pdf-allegation 1(a)(i), Pupil A's account of this conversation was vague in terms of detail. ./Rogers_G__15411__Web_Decision_-_Redacted.pdf- ./Rogers_G__15411__Web_Decision_-_Redacted.pdf-In oral evidence she stated that Mr Rogers only implied that he had slept with men rather ./Rogers_G__15411__Web_Decision_-_Redacted.pdf:than saying so expressly. Mr Rogers' evidence was that he was heterosexual. Pupil A ./Rogers_G__15411__Web_Decision_-_Redacted.pdf:also could not recall how many sexual partners Mr Rogers said he had had. The panel ./Rogers_G__15411__Web_Decision_-_Redacted.pdf-considered this was material. If Mr Rogers had stated an actual number, the panel ./Rogers_G__15411__Web_Decision_-_Redacted.pdf-considered she was more likely than not to have remembered it. On that basis the panel ./Rogers_G__15411__Web_Decision_-_Redacted.pdf-could not be satisfied, on the balance of probabilities, that Mr Rogers had in fact stated to ./Rogers_G__15411__Web_Decision_-_Redacted.pdf:Pupil A the number of previous sexual partners he had. ./Rogers_G__15411__Web_Decision_-_Redacted.pdf- ./Rogers_G__15411__Web_Decision_-_Redacted.pdf-The panel therefore found allegation 1(a)(ii) not proven. ./Rogers_G__15411__Web_Decision_-_Redacted.pdf- ./Rogers_G__15411__Web_Decision_-_Redacted.pdf- ./Rogers_G__15411__Web_Decision_-_Redacted.pdf- ./Rogers_G__15411__Web_Decision_-_Redacted.pdf- ./Rogers_G__15411__Web_Decision_-_Redacted.pdf- 21 ./Rogers_G__15411__Web_Decision_-_Redacted.pdf- -- ./Rogers_G__15411__Web_Decision_-_Redacted.pdf-3. In carrying out the actions described at 1.a. – 1.e. above your actions were ./Rogers_G__15411__Web_Decision_-_Redacted.pdf: sexually motivated ./Rogers_G__15411__Web_Decision_-_Redacted.pdf- ./Rogers_G__15411__Web_Decision_-_Redacted.pdf-In light of the panel's findings in relation to allegations 1(a)(i), (iii), (iv), (v), (vi) and (vii), ./Rogers_G__15411__Web_Decision_-_Redacted.pdf:1(c) and 1(d), it went on to consider whether Mr Rogers' actions were sexually motivated. ./Rogers_G__15411__Web_Decision_-_Redacted.pdf- ./Rogers_G__15411__Web_Decision_-_Redacted.pdf-The panel was invited by the presenting officer to conclude that this was the appropriate ./Rogers_G__15411__Web_Decision_-_Redacted.pdf-inference to draw from all the circumstances. It was suggested that, with particular ./Rogers_G__15411__Web_Decision_-_Redacted.pdf-reference to allegation 1(a), a male teacher would not have such conversations with ./Rogers_G__15411__Web_Decision_-_Redacted.pdf:female teenage pupils unless there was a degree of sexual motivation or sexual titillation ./Rogers_G__15411__Web_Decision_-_Redacted.pdf-involved and his conduct was described as, "classic grooming behaviour". ./Rogers_G__15411__Web_Decision_-_Redacted.pdf- ./Rogers_G__15411__Web_Decision_-_Redacted.pdf-Mr Rogers robustly denied this allegation. He had previously stated that he was not ./Rogers_G__15411__Web_Decision_-_Redacted.pdf:sexually attracted to Pupil A or Pupil B. ./Rogers_G__15411__Web_Decision_-_Redacted.pdf- ./Rogers_G__15411__Web_Decision_-_Redacted.pdf-The panel considered that certain aspects of the evidence were troubling. ./Rogers_G__15411__Web_Decision_-_Redacted.pdf- ./Rogers_G__15411__Web_Decision_-_Redacted.pdf-In particular, it considered that Mr Rogers' conduct in discussing matters of such an ./Rogers_G__15411__Web_Decision_-_Redacted.pdf:overtly sexual nature was highly inappropriate. These were young, vulnerable girls and ./Rogers_G__15411__Web_Decision_-_Redacted.pdf-Mr Rogers' conduct had fallen very far short of the standard expected. ./Rogers_G__15411__Web_Decision_-_Redacted.pdf- ./Rogers_G__15411__Web_Decision_-_Redacted.pdf-In addition, there was a physical aspect to his behaviour in that he had encouraged them ./Rogers_G__15411__Web_Decision_-_Redacted.pdf-to feel his biceps and stomach muscles, which was also a matter of concern. ./Rogers_G__15411__Web_Decision_-_Redacted.pdf- ./Rogers_G__15411__Web_Decision_-_Redacted.pdf-The panel heard that the pupils felt uncomfortable at times, though not to the extent that ./Rogers_G__15411__Web_Decision_-_Redacted.pdf-they saw fit to report Mr Rogers' behaviour to their parents or to the School at an earlier ./Rogers_G__15411__Web_Decision_-_Redacted.pdf-point. ./Rogers_G__15411__Web_Decision_-_Redacted.pdf- ./Rogers_G__15411__Web_Decision_-_Redacted.pdf-The panel also had regard to the circumstances of the lessons, which were routinely on a -- ./Rogers_G__15411__Web_Decision_-_Redacted.pdf-contact with either pupil outside of the classroom or taken any step, which could be ./Rogers_G__15411__Web_Decision_-_Redacted.pdf-perceived as one seeking to encourage an improper relationship. ./Rogers_G__15411__Web_Decision_-_Redacted.pdf- ./Rogers_G__15411__Web_Decision_-_Redacted.pdf-To the contrary, the panel heard that there were a limited number of text communications ./Rogers_G__15411__Web_Decision_-_Redacted.pdf-between Pupil B and Mr Rogers, which were strictly limited to teaching matters and went ./Rogers_G__15411__Web_Decision_-_Redacted.pdf-no further. There was also no suggestion of covert behaviour on the part of Mr Rogers. ./Rogers_G__15411__Web_Decision_-_Redacted.pdf- ./Rogers_G__15411__Web_Decision_-_Redacted.pdf-Mr Rogers had clearly lost sight of his professional obligations and allowed professional ./Rogers_G__15411__Web_Decision_-_Redacted.pdf-boundaries to become blurred. However, the panel did not consider that there was ./Rogers_G__15411__Web_Decision_-_Redacted.pdf-sufficient evidence to support the contention that Mr Rogers' conduct could appropriately ./Rogers_G__15411__Web_Decision_-_Redacted.pdf:be described as being sexually motivated. ./Rogers_G__15411__Web_Decision_-_Redacted.pdf- ./Rogers_G__15411__Web_Decision_-_Redacted.pdf- ./Rogers_G__15411__Web_Decision_-_Redacted.pdf- 26 ./Rogers_G__15411__Web_Decision_-_Redacted.pdf- -- ./Rogers_G__15411__Web_Decision_-_Redacted.pdf-His conduct was certainly foolish and ill-judged and he had overstepped the mark by a ./Rogers_G__15411__Web_Decision_-_Redacted.pdf-significant degree. To some extent, the panel considered his conduct to be manipulative ./Rogers_G__15411__Web_Decision_-_Redacted.pdf-in that there may have been an element of him attempting to impress Pupil A and Pupil ./Rogers_G__15411__Web_Decision_-_Redacted.pdf-B, which ultimately led to them feeling uncomfortable. He had been described; as a "cool" ./Rogers_G__15411__Web_Decision_-_Redacted.pdf-individual and was a musician who played in bands. He was also a peripatetic teacher ./Rogers_G__15411__Web_Decision_-_Redacted.pdf-who may not have had as good an understanding as he ought to have done in relation to ./Rogers_G__15411__Web_Decision_-_Redacted.pdf-acceptable standards of behaviour. ./Rogers_G__15411__Web_Decision_-_Redacted.pdf- ./Rogers_G__15411__Web_Decision_-_Redacted.pdf-Despite its concerns, the panel did not consider that it could reasonably be inferred that ./Rogers_G__15411__Web_Decision_-_Redacted.pdf:Mr Rogers had an improper, sexual intent having considered all of the evidence before it. ./Rogers_G__15411__Web_Decision_-_Redacted.pdf- ./Rogers_G__15411__Web_Decision_-_Redacted.pdf-The panel therefore concluded that the National College had not proven to the requisite ./Rogers_G__15411__Web_Decision_-_Redacted.pdf:standard that Mr Rogers' actions were sexually motivated. ./Rogers_G__15411__Web_Decision_-_Redacted.pdf- ./Rogers_G__15411__Web_Decision_-_Redacted.pdf-In arriving at this conclusion, the panel took into account the fact Mr Rogers is ./Rogers_G__15411__Web_Decision_-_Redacted.pdf-understood to be a person of previous good character. The panel also noted that the ./Rogers_G__15411__Web_Decision_-_Redacted.pdf-LADO and criminal procedures were ultimately not pursued. ./Rogers_G__15411__Web_Decision_-_Redacted.pdf- ./Rogers_G__15411__Web_Decision_-_Redacted.pdf-On balance, the panel accordingly did not consider that the conduct, could reasonably be ./Rogers_G__15411__Web_Decision_-_Redacted.pdf:interpreted as evidence that Mr Rogers was sexually motivated toward either Pupil A or ./Rogers_G__15411__Web_Decision_-_Redacted.pdf-Pupil B. It was not satisfied that Mr Rogers' conduct in relation to the facts found proved ./Rogers_G__15411__Web_Decision_-_Redacted.pdf:was for the purpose of sexual gratification. ./Rogers_G__15411__Web_Decision_-_Redacted.pdf- ./Rogers_G__15411__Web_Decision_-_Redacted.pdf-On that basis and for the above reasons the panel finds allegation 3 not proven. ./Rogers_G__15411__Web_Decision_-_Redacted.pdf- ./Rogers_G__15411__Web_Decision_-_Redacted.pdf-Findings as to unacceptable professional conduct and/or conduct that ./Rogers_G__15411__Web_Decision_-_Redacted.pdf-may bring the profession into disrepute ./Rogers_G__15411__Web_Decision_-_Redacted.pdf-Having found allegations 1(a)(i), (iii), (iv), (v), (vi) and (vii), 1(c), 1(d), 1(g) and 1(h) ./Rogers_G__15411__Web_Decision_-_Redacted.pdf-proven, the panel went on to consider whether the facts of those proven allegations ./Rogers_G__15411__Web_Decision_-_Redacted.pdf-amount to unacceptable professional conduct and/or conduct that may bring the ./Rogers_G__15411__Web_Decision_-_Redacted.pdf-profession into disrepute. ./Rogers_G__15411__Web_Decision_-_Redacted.pdf- -- ./Rogers_G__15411__Web_Decision_-_Redacted.pdf-Having carefully weighed all of these considerations, the panel was of the view that ./Rogers_G__15411__Web_Decision_-_Redacted.pdf-prohibition is both proportionate and appropriate. ./Rogers_G__15411__Web_Decision_-_Redacted.pdf- ./Rogers_G__15411__Web_Decision_-_Redacted.pdf-In arriving at this conclusion the panel took into account the positive evidence of Mr ./Rogers_G__15411__Web_Decision_-_Redacted.pdf-Rogers' teaching practice and carefully considered whether there may be a public ./Rogers_G__15411__Web_Decision_-_Redacted.pdf-interest in Mr Rogers being able to continue in practice. ./Rogers_G__15411__Web_Decision_-_Redacted.pdf- ./Rogers_G__15411__Web_Decision_-_Redacted.pdf-However, the panel decided that the wider public interest considerations outweigh the ./Rogers_G__15411__Web_Decision_-_Redacted.pdf-interests of Mr Rogers in this case. ./Rogers_G__15411__Web_Decision_-_Redacted.pdf- ./Rogers_G__15411__Web_Decision_-_Redacted.pdf:The fact that the conduct the panel found proven involved him having overtly sexual ./Rogers_G__15411__Web_Decision_-_Redacted.pdf-conversations with young female pupils and making racist comments was a significant ./Rogers_G__15411__Web_Decision_-_Redacted.pdf-factor in the panel forming the view that prohibition was necessary, proportionate and ./Rogers_G__15411__Web_Decision_-_Redacted.pdf-appropriate. ./Rogers_G__15411__Web_Decision_-_Redacted.pdf- ./Rogers_G__15411__Web_Decision_-_Redacted.pdf-As noted above, his conduct had an impact on the pupils and he had demonstrated no ./Rogers_G__15411__Web_Decision_-_Redacted.pdf-insight or remorse. In those circumstances, the panel could not be satisfied that there ./Rogers_G__15411__Web_Decision_-_Redacted.pdf-was no risk of repetition. ./Rogers_G__15411__Web_Decision_-_Redacted.pdf- ./Rogers_G__15411__Web_Decision_-_Redacted.pdf-Accordingly, the panel makes a recommendation to the Secretary of State that a ./Rogers_G__15411__Web_Decision_-_Redacted.pdf-prohibition order should be imposed with immediate effect. ./Roskelly_SoS_web_decision_non_restricted.pdf-The panel has determined not to exercise its discretion under paragraph 11(3)(b) of the ./Roskelly_SoS_web_decision_non_restricted.pdf-Regulations and the second bullet point of paragraph 4.57 of the Procedures that the public ./Roskelly_SoS_web_decision_non_restricted.pdf-should be excluded from the entire hearing. ./Roskelly_SoS_web_decision_non_restricted.pdf- ./Roskelly_SoS_web_decision_non_restricted.pdf-The panel has taken into account the general rule that hearings should be held in public ./Roskelly_SoS_web_decision_non_restricted.pdf-and that this is generally desirable to maintain public confidence in the administration of ./Roskelly_SoS_web_decision_non_restricted.pdf-these proceedings and also to maintain confidence in the teaching profession. The panel ./Roskelly_SoS_web_decision_non_restricted.pdf-has noted from the bundle that Mr Roskelly has referred to concerns arising from ./Roskelly_SoS_web_decision_non_restricted.pdf-confidential matters [Redacted] relating to Mr Roskelly’s personal circumstances which are ./Roskelly_SoS_web_decision_non_restricted.pdf-why he should like this matter to proceed in private. Mr Roskelly’s representative submitted ./Roskelly_SoS_web_decision_non_restricted.pdf:that rumours about sexual innuendo that may arise from these allegations as a result of ./Roskelly_SoS_web_decision_non_restricted.pdf-references to specific Facebook exchanges is another reason as to why this matter should ./Roskelly_SoS_web_decision_non_restricted.pdf-proceed in private. The panel has balanced the reasons why Mr Roskelly has requested ./Roskelly_SoS_web_decision_non_restricted.pdf-that the public be excluded against the competing reasons for which a public hearing is ./Roskelly_SoS_web_decision_non_restricted.pdf-required. ./Roskelly_SoS_web_decision_non_restricted.pdf- ./Roskelly_SoS_web_decision_non_restricted.pdf- ./Roskelly_SoS_web_decision_non_restricted.pdf- 6 ./Roskelly_SoS_web_decision_non_restricted.pdf- -- ./Roskelly_SoS_web_decision_non_restricted.pdf-extent reasonably necessary and that interference for a limited period of the hearing is ./Roskelly_SoS_web_decision_non_restricted.pdf-preferable to a permanent exclusion of the public. The panel has therefore, considered ./Roskelly_SoS_web_decision_non_restricted.pdf-whether there are any steps short of excluding the public that would serve the purpose of ./Roskelly_SoS_web_decision_non_restricted.pdf-protecting the confidentiality of matters relating to Mr Roskelly’s personal circumstances. ./Roskelly_SoS_web_decision_non_restricted.pdf- ./Roskelly_SoS_web_decision_non_restricted.pdf-The presenting officer and legal advisor drew the panel’s attention to paragraph 4.59 of the ./Roskelly_SoS_web_decision_non_restricted.pdf-Procedures which state that where a panel holds a hearing in private, the panel will still ./Roskelly_SoS_web_decision_non_restricted.pdf-announce in public its decision regarding whether the facts have been proven (stage 1) ./Roskelly_SoS_web_decision_non_restricted.pdf-and whether those facts amount to unacceptable professional conduct and/or conduct that ./Roskelly_SoS_web_decision_non_restricted.pdf-may bring the profession into disrepute (stage 2). The panel could understand why Mr ./Roskelly_SoS_web_decision_non_restricted.pdf:Roskelly would consider that the allegations may give rise to some sexual innuendo ./Roskelly_SoS_web_decision_non_restricted.pdf-however, excluding the public from the entire hearing is not in the public interest and would ./Roskelly_SoS_web_decision_non_restricted.pdf:not prevent any potential sexual innuendo arising. ./Roskelly_SoS_web_decision_non_restricted.pdf- ./Roskelly_SoS_web_decision_non_restricted.pdf-The panel therefore rejected Mr Roskelly’s application for the entire hearing to be heard in ./Roskelly_SoS_web_decision_non_restricted.pdf-private. ./Roskelly_SoS_web_decision_non_restricted.pdf- ./Roskelly_SoS_web_decision_non_restricted.pdf-However, the panel considers that to the extent that it becomes necessary during the ./Roskelly_SoS_web_decision_non_restricted.pdf-course of the hearing to discuss any confidential matters, the panel can consider, at that ./Roskelly_SoS_web_decision_non_restricted.pdf-stage, whether to exclude the public from that portion of the hearing only. ./Roskelly_SoS_web_decision_non_restricted.pdf- ./Roskelly_SoS_web_decision_non_restricted.pdf- ./Roskelly_SoS_web_decision_non_restricted.pdf-D. Summary of evidence ./Rowe__Nathan_-_Web_Decision.pdf- ./Rowe__Nathan_-_Web_Decision.pdf- ii. “What’s the point im literally giving up on life I can’t cope anymore”; ./Rowe__Nathan_-_Web_Decision.pdf- ./Rowe__Nathan_-_Web_Decision.pdf- iii. I just can’t cope” (including a crying emoticon) ./Rowe__Nathan_-_Web_Decision.pdf- ./Rowe__Nathan_-_Web_Decision.pdf- c. While in the office placed his arms around Pupil K and/or kissed her neck. ./Rowe__Nathan_-_Web_Decision.pdf- ./Rowe__Nathan_-_Web_Decision.pdf- d. While in the school corridor placed his hands on and/or around Pupil K’s ./Rowe__Nathan_-_Web_Decision.pdf- hips. ./Rowe__Nathan_-_Web_Decision.pdf- ./Rowe__Nathan_-_Web_Decision.pdf: 2. His conduct as set out above was sexually motivated. ./Rowe__Nathan_-_Web_Decision.pdf- ./Rowe__Nathan_-_Web_Decision.pdf-Mr Rowe admits the facts of each of the allegations above, in the Statement of Agreed ./Rowe__Nathan_-_Web_Decision.pdf-Facts which he has signed (the “SOAF”). ./Rowe__Nathan_-_Web_Decision.pdf- ./Rowe__Nathan_-_Web_Decision.pdf- ./Rowe__Nathan_-_Web_Decision.pdf- ./Rowe__Nathan_-_Web_Decision.pdf- 4 ./Rowe__Nathan_-_Web_Decision.pdf- -- ./Rowe__Nathan_-_Web_Decision.pdf- ./Rowe__Nathan_-_Web_Decision.pdf- d. While in the school corridor placed your hands on and/or around Pupil ./Rowe__Nathan_-_Web_Decision.pdf- K’s hips. ./Rowe__Nathan_-_Web_Decision.pdf- ./Rowe__Nathan_-_Web_Decision.pdf-Mr Rowe admits that he did this. This is also referenced in the police report of Pupil K’s ./Rowe__Nathan_-_Web_Decision.pdf-police interview on 1 October 2015 and the report of Pupil K’s interview with a ./Rowe__Nathan_-_Web_Decision.pdf-safeguarding officer on 12 October 2015. ./Rowe__Nathan_-_Web_Decision.pdf- ./Rowe__Nathan_-_Web_Decision.pdf-The allegation is therefore found proved. ./Rowe__Nathan_-_Web_Decision.pdf- ./Rowe__Nathan_-_Web_Decision.pdf: 2. Your conduct as set out above was sexually motivated. ./Rowe__Nathan_-_Web_Decision.pdf- ./Rowe__Nathan_-_Web_Decision.pdf-Mr Rowe admits this allegation. ./Rowe__Nathan_-_Web_Decision.pdf- ./Rowe__Nathan_-_Web_Decision.pdf-The panel is also of the view that on the balance of probabilities, a reasonable person ./Rowe__Nathan_-_Web_Decision.pdf:would consider the actions found proven to have been sexually motivated. Furthermore, ./Rowe__Nathan_-_Web_Decision.pdf-the panel considers that it is more likely than not that the purpose of Mr Rowe’s actions ./Rowe__Nathan_-_Web_Decision.pdf:was sexual. It is relevant that the messages were sent to Pupil K over a relatively long ./Rowe__Nathan_-_Web_Decision.pdf-period of time (2 years). The panel has also seen one message in which Mr Rowe wrote ./Rowe__Nathan_-_Web_Decision.pdf-to pupil K “I love you tho” and messages in which Mr Rowe appears to have tried to ./Rowe__Nathan_-_Web_Decision.pdf-encourage Pupil K to resume contact with him after she suggested that the contact ./Rowe__Nathan_-_Web_Decision.pdf:should stop. The panel therefore concludes that the actions above were sexually ./Rowe__Nathan_-_Web_Decision.pdf-motivated. ./Rowe__Nathan_-_Web_Decision.pdf- ./Rowe__Nathan_-_Web_Decision.pdf- ./Rowe__Nathan_-_Web_Decision.pdf- ./Rowe__Nathan_-_Web_Decision.pdf- ./Rowe__Nathan_-_Web_Decision.pdf- 7 ./Rowe__Nathan_-_Web_Decision.pdf- -- ./Rowe__Nathan_-_Web_Decision.pdf-expected of the profession. Pupil K was a vulnerable pupil, and Mr Rowe was aware of ./Rowe__Nathan_-_Web_Decision.pdf-this as he was in a position of trust as her ‘key worker’ at the school for four years. She ./Rowe__Nathan_-_Web_Decision.pdf-was also under the age of 16 and Mr Rowe’s messages to her were sent over a ./Rowe__Nathan_-_Web_Decision.pdf-sustained period of 2 years. Some of them were sent outside of school and late at night. ./Rowe__Nathan_-_Web_Decision.pdf-Furthermore, Mr Rowe was aware of safeguarding protocols as the panel have seen ./Rowe__Nathan_-_Web_Decision.pdf-evidence that he completed safeguarding training and he was part of a group that dealt ./Rowe__Nathan_-_Web_Decision.pdf-with child protection. ./Rowe__Nathan_-_Web_Decision.pdf- ./Rowe__Nathan_-_Web_Decision.pdf-The panel has also considered whether Mr Rowe’s conduct displayed behaviours ./Rowe__Nathan_-_Web_Decision.pdf-associated with any of the offences listed on pages 8 and 9 of the Advice. The panel has ./Rowe__Nathan_-_Web_Decision.pdf:found that offences relating to sexual activity are relevant. The Advice indicates that ./Rowe__Nathan_-_Web_Decision.pdf-where behaviours associated with such offences exist, a panel is likely to conclude that ./Rowe__Nathan_-_Web_Decision.pdf-an individual’s conduct would amount to unacceptable professional conduct. ./Rowe__Nathan_-_Web_Decision.pdf- ./Rowe__Nathan_-_Web_Decision.pdf-Accordingly, the panel is satisfied that Mr Rowe is guilty of unacceptable professional ./Rowe__Nathan_-_Web_Decision.pdf-conduct. ./Rowe__Nathan_-_Web_Decision.pdf- ./Rowe__Nathan_-_Web_Decision.pdf- ./Rowe__Nathan_-_Web_Decision.pdf- ./Rowe__Nathan_-_Web_Decision.pdf- 8 ./Rowe__Nathan_-_Web_Decision.pdf- -- ./Rowe__Nathan_-_Web_Decision.pdf-given in order to be punitive, or to show that blame has been apportioned, although they ./Rowe__Nathan_-_Web_Decision.pdf-are likely to have a punitive effect. ./Rowe__Nathan_-_Web_Decision.pdf- ./Rowe__Nathan_-_Web_Decision.pdf-The panel has considered the particular public interest considerations set out in the ./Rowe__Nathan_-_Web_Decision.pdf-Advice and having done so has found a number of them to be relevant in this case, ./Rowe__Nathan_-_Web_Decision.pdf-namely the protection of pupils/the protection of other members of the public, the ./Rowe__Nathan_-_Web_Decision.pdf-maintenance of public confidence in the profession and declaring and upholding proper ./Rowe__Nathan_-_Web_Decision.pdf-standards of conduct. ./Rowe__Nathan_-_Web_Decision.pdf- ./Rowe__Nathan_-_Web_Decision.pdf-In light of the panel’s findings against Mr Rowe, which involved a sustained period of ./Rowe__Nathan_-_Web_Decision.pdf:inappropriate and sexually motivated contact with Pupil K, who was known to be a ./Rowe__Nathan_-_Web_Decision.pdf-vulnerable pupil under the age of 16, there is a strong public interest consideration in the ./Rowe__Nathan_-_Web_Decision.pdf-protection of pupils, given the serious finding of an inappropriate relationship with a ./Rowe__Nathan_-_Web_Decision.pdf-vulnerable young teenager. Similarly, the panel considers that public confidence in the ./Rowe__Nathan_-_Web_Decision.pdf-profession could be seriously weakened if conduct such as that found against Mr Rowe ./Rowe__Nathan_-_Web_Decision.pdf-was not treated with the utmost seriousness when regulating the conduct of the ./Rowe__Nathan_-_Web_Decision.pdf-profession. The panel considered that a strong public interest consideration in declaring ./Rowe__Nathan_-_Web_Decision.pdf- ./Rowe__Nathan_-_Web_Decision.pdf- ./Rowe__Nathan_-_Web_Decision.pdf- ./Rowe__Nathan_-_Web_Decision.pdf- 9 -- ./Rowe__Nathan_-_Web_Decision.pdf-order may be appropriate if certain behaviours of a teacher have been proven. In the list ./Rowe__Nathan_-_Web_Decision.pdf-of such behaviours, those that are relevant in this case are: ./Rowe__Nathan_-_Web_Decision.pdf- ./Rowe__Nathan_-_Web_Decision.pdf-  serious departure from the personal and professional conduct elements of the ./Rowe__Nathan_-_Web_Decision.pdf- Teachers’ Standards; ./Rowe__Nathan_-_Web_Decision.pdf-  misconduct seriously affecting the education and/or well-being of pupils, and ./Rowe__Nathan_-_Web_Decision.pdf- particularly where there is a continuing risk; ./Rowe__Nathan_-_Web_Decision.pdf-  a deep-seated attitude that leads to harmful behaviour; ./Rowe__Nathan_-_Web_Decision.pdf-  abuse of position or trust (particularly involving vulnerable pupils) or violation of the ./Rowe__Nathan_-_Web_Decision.pdf- rights of pupils; ./Rowe__Nathan_-_Web_Decision.pdf:  sexual misconduct, e.g. involving actions that were sexually motivated or of a ./Rowe__Nathan_-_Web_Decision.pdf: sexual nature and/or that use or exploit the trust, knowledge or influence derived ./Rowe__Nathan_-_Web_Decision.pdf- from the individual’s professional position; ./Rowe__Nathan_-_Web_Decision.pdf-Even though there were behaviours that would point to a prohibition order being ./Rowe__Nathan_-_Web_Decision.pdf-appropriate, the panel went on to consider whether or not there were sufficient mitigating ./Rowe__Nathan_-_Web_Decision.pdf-factors to militate against a prohibition order being an appropriate and proportionate ./Rowe__Nathan_-_Web_Decision.pdf-measure to impose, particularly taking into account the nature and severity of the ./Rowe__Nathan_-_Web_Decision.pdf-behaviour in this case. In light of the panel’s findings, Mr Rowe’s actions appeared to ./Rowe__Nathan_-_Web_Decision.pdf-have been deliberate and took place over a sustained period of time. Furthermore, Mr ./Rowe__Nathan_-_Web_Decision.pdf-Rowe was aware of the school’s safeguarding policies and his behaviour clearly ./Rowe__Nathan_-_Web_Decision.pdf-breached these. ./Rowe__Nathan_-_Web_Decision.pdf- -- ./Rowe__Nathan_-_Web_Decision.pdf-The panel is of the view that applying the standard of the ordinary intelligent citizen, ./Rowe__Nathan_-_Web_Decision.pdf-recommending no prohibition order is not a proportionate and appropriate response. ./Rowe__Nathan_-_Web_Decision.pdf-Recommending that publication of adverse findings is sufficient, would unacceptably ./Rowe__Nathan_-_Web_Decision.pdf-compromise the public interest considerations present in this case, despite the severity of ./Rowe__Nathan_-_Web_Decision.pdf-consequences for the teacher of prohibition. ./Rowe__Nathan_-_Web_Decision.pdf- ./Rowe__Nathan_-_Web_Decision.pdf-The panel is of the view that prohibition is both proportionate and appropriate. The panel ./Rowe__Nathan_-_Web_Decision.pdf-has decided that the public interest considerations outweigh the interests of Mr Rowe. ./Rowe__Nathan_-_Web_Decision.pdf-His sustained inappropriate contact with a vulnerable and young pupil, which the panel ./Rowe__Nathan_-_Web_Decision.pdf:considered to be sexually motivated, was a significant factor in forming that opinion. ./Rowe__Nathan_-_Web_Decision.pdf-Accordingly, the panel makes a recommendation to the Secretary of State that a ./Rowe__Nathan_-_Web_Decision.pdf-prohibition order should be imposed with immediate effect. ./Rowe__Nathan_-_Web_Decision.pdf- ./Rowe__Nathan_-_Web_Decision.pdf-The panel went on to consider whether or not it would be appropriate for them to decide ./Rowe__Nathan_-_Web_Decision.pdf-to recommend that a review period of the order should be considered. The panel were ./Rowe__Nathan_-_Web_Decision.pdf-mindful that the Advice states that a prohibition order applies for life, but there may be ./Rowe__Nathan_-_Web_Decision.pdf-circumstances in any given case that may make it appropriate to allow a teacher to apply ./Rowe__Nathan_-_Web_Decision.pdf-to have the prohibition order reviewed after a specified period of time that may not be ./Rowe__Nathan_-_Web_Decision.pdf-less than 2 years. ./Rowe__Nathan_-_Web_Decision.pdf- ./Rowe__Nathan_-_Web_Decision.pdf-The Advice indicates that there are behaviours that, if proven, would militate against a ./Rowe__Nathan_-_Web_Decision.pdf:review period being recommended. One of these is serious sexual misconduct, e.g. ./Rowe__Nathan_-_Web_Decision.pdf:where the act was sexually motivated and resulted in or had the potential to result in, ./Rowe__Nathan_-_Web_Decision.pdf-harm to a person or persons, particularly where the individual has used their professional ./Rowe__Nathan_-_Web_Decision.pdf-position to influence or exploit a person or persons. The panel has found that Mr Rowe ./Rowe__Nathan_-_Web_Decision.pdf-abused his position as a senior member of staff in a position of trust over Pupil K, and ./Rowe__Nathan_-_Web_Decision.pdf-that his behaviour risked emotional harm to Pupil K and exploited her existing ./Rowe__Nathan_-_Web_Decision.pdf-vulnerability. The panel considers the misconduct to have been extremely serious. ./Rowe__Nathan_-_Web_Decision.pdf- ./Rowe__Nathan_-_Web_Decision.pdf-The panel has taken account of a letter from Mr Rowe to the NCTL in which he ./Rowe__Nathan_-_Web_Decision.pdf-apologises for his conduct and the panel notes that he has admitted the allegations to the ./Rowe__Nathan_-_Web_Decision.pdf-NCTL (although he did not admit some of the allegations initially when interviewed by the ./Rowe__Nathan_-_Web_Decision.pdf-school). However aside from this, the panel considers that he has demonstrated limited -- ./Rowe__Nathan_-_Web_Decision.pdf-standards expected of the profession. Pupil K was a vulnerable pupil, and Mr Rowe was ./Rowe__Nathan_-_Web_Decision.pdf-aware of this as he was in a position of trust as her ‘key worker’ at the school for four ./Rowe__Nathan_-_Web_Decision.pdf-years. She was also under the age of 16 and Mr Rowe’s messages to her were sent over ./Rowe__Nathan_-_Web_Decision.pdf-a sustained period of 2 years. Some of them were sent outside of school and late at ./Rowe__Nathan_-_Web_Decision.pdf-night. Furthermore, Mr Rowe was aware of safeguarding protocols as the panel explain ./Rowe__Nathan_-_Web_Decision.pdf-that they have seen evidence that he completed safeguarding training and he was part of ./Rowe__Nathan_-_Web_Decision.pdf-a group that dealt with child protection. ./Rowe__Nathan_-_Web_Decision.pdf- ./Rowe__Nathan_-_Web_Decision.pdf-The panel has also considered whether Mr Rowe’s conduct displayed behaviours ./Rowe__Nathan_-_Web_Decision.pdf-associated with any of the offences listed on pages 8 and 9 of the Advice. The panel has ./Rowe__Nathan_-_Web_Decision.pdf:found that offences relating to sexual activity are relevant. The Advice indicates that ./Rowe__Nathan_-_Web_Decision.pdf-where behaviours associated with such offences exist, a panel is likely to conclude that ./Rowe__Nathan_-_Web_Decision.pdf-an individual’s conduct would amount to unacceptable professional conduct. The panel ./Rowe__Nathan_-_Web_Decision.pdf-has found both unacceptable professional conduct and conduct that may bring the ./Rowe__Nathan_-_Web_Decision.pdf-profession into disrepute. ./Rowe__Nathan_-_Web_Decision.pdf- ./Rowe__Nathan_-_Web_Decision.pdf-The panel has recommended prohibition. In considering the panel’s recommendation I ./Rowe__Nathan_-_Web_Decision.pdf-have weighed the various elements of the public interest and the interests of the teacher. ./Rowe__Nathan_-_Web_Decision.pdf-I have considered whether in this case the declaration and publication of a finding of ./Rowe__Nathan_-_Web_Decision.pdf-unacceptable professional conduct and conduct that may bring the profession into ./Rowe__Nathan_-_Web_Decision.pdf-disrepute could be a proportionate outcome. In the light of the serious and sustained -- ./Rowe__Nathan_-_Web_Decision.pdf-In this case Mr Rowe has evidenced the following behaviours: ./Rowe__Nathan_-_Web_Decision.pdf- ./Rowe__Nathan_-_Web_Decision.pdf-  serious departure from the personal and professional conduct elements of the ./Rowe__Nathan_-_Web_Decision.pdf- Teachers’ Standards; ./Rowe__Nathan_-_Web_Decision.pdf-  misconduct seriously affecting the education and/or well-being of pupils, and ./Rowe__Nathan_-_Web_Decision.pdf- particularly where there is a continuing risk; ./Rowe__Nathan_-_Web_Decision.pdf-  a deep-seated attitude that leads to harmful behaviour; ./Rowe__Nathan_-_Web_Decision.pdf-  abuse of position or trust (particularly involving vulnerable pupils) or violation of the ./Rowe__Nathan_-_Web_Decision.pdf- rights of pupils; ./Rowe__Nathan_-_Web_Decision.pdf:  sexual misconduct, e.g. involving actions that were sexually motivated or of a ./Rowe__Nathan_-_Web_Decision.pdf: sexual nature and/or that use or exploit the trust, knowledge or influence derived ./Rowe__Nathan_-_Web_Decision.pdf- from the individual’s professional position; ./Rowe__Nathan_-_Web_Decision.pdf- ./Rowe__Nathan_-_Web_Decision.pdf-I have gone on consider the matter of a review period and have taken into account both ./Rowe__Nathan_-_Web_Decision.pdf-the recommendation of the panel to me and the advice published by the Secretary of ./Rowe__Nathan_-_Web_Decision.pdf-State. I have considered the previous character of the teacher, his apology and also the ./Rowe__Nathan_-_Web_Decision.pdf-panel’s comments on his insight. The panel set out clearly that “his behaviour risked ./Rowe__Nathan_-_Web_Decision.pdf-emotional harm to Pupil K and exploited her existing vulnerability. The panel considers ./Rowe__Nathan_-_Web_Decision.pdf-the misconduct to have been extremely serious.” ./Rowe__Nathan_-_Web_Decision.pdf- ./Rowe__Nathan_-_Web_Decision.pdf-For all these reasons I consider that the prohibition should be imposed with no review ./Salway__John_-_Web_Decision_-_19_December_2014_-_6975574.pdf-B. Allegations ./Salway__John_-_Web_Decision_-_19_December_2014_-_6975574.pdf-The Panel considered the allegations set out in the Notice of Proceedings dated 18 ./Salway__John_-_Web_Decision_-_19_December_2014_-_6975574.pdf-November 2014. ./Salway__John_-_Web_Decision_-_19_December_2014_-_6975574.pdf- ./Salway__John_-_Web_Decision_-_19_December_2014_-_6975574.pdf-It is alleged that Mr John Salwayis guilty of unacceptable professional conduct and/or ./Salway__John_-_Web_Decision_-_19_December_2014_-_6975574.pdf-conduct that may bring the profession into disrepute in that whilst working, between 2012 ./Salway__John_-_Web_Decision_-_19_December_2014_-_6975574.pdf-and 21 March 2014, at Mount St Mary's College, Sheffield ("the School"), as a Drama ./Salway__John_-_Web_Decision_-_19_December_2014_-_6975574.pdf-teacher he: ./Salway__John_-_Web_Decision_-_19_December_2014_-_6975574.pdf- ./Salway__John_-_Web_Decision_-_19_December_2014_-_6975574.pdf:1. On a date unknown, wrote a short story (the "Story") containing sexually explicit ./Salway__John_-_Web_Decision_-_19_December_2014_-_6975574.pdf-language including references to an adult male having: ./Salway__John_-_Web_Decision_-_19_December_2014_-_6975574.pdf- ./Salway__John_-_Web_Decision_-_19_December_2014_-_6975574.pdf- a. Sexual intercourse with a 15 year old girl ./Salway__John_-_Web_Decision_-_19_December_2014_-_6975574.pdf- ./Salway__John_-_Web_Decision_-_19_December_2014_-_6975574.pdf- b. Anal intercourse with a 15 year old girl ./Salway__John_-_Web_Decision_-_19_December_2014_-_6975574.pdf- ./Salway__John_-_Web_Decision_-_19_December_2014_-_6975574.pdf- c. Sexual activity with a 12 year old girl ./Salway__John_-_Web_Decision_-_19_December_2014_-_6975574.pdf- ./Salway__John_-_Web_Decision_-_19_December_2014_-_6975574.pdf-2. On around 25 February 2014, intentionally or unintentionally caused and/or allowed ./Salway__John_-_Web_Decision_-_19_December_2014_-_6975574.pdf-the Story to be: -- ./Salway__John_-_Web_Decision_-_19_December_2014_-_6975574.pdf- ./Salway__John_-_Web_Decision_-_19_December_2014_-_6975574.pdf- b. Pupil A's parents distress and/or discomfort ./Salway__John_-_Web_Decision_-_19_December_2014_-_6975574.pdf- ./Salway__John_-_Web_Decision_-_19_December_2014_-_6975574.pdf-4. His conduct as set out in 1 was: ./Salway__John_-_Web_Decision_-_19_December_2014_-_6975574.pdf- ./Salway__John_-_Web_Decision_-_19_December_2014_-_6975574.pdf- a. Sexually motivated ./Salway__John_-_Web_Decision_-_19_December_2014_-_6975574.pdf- ./Salway__John_-_Web_Decision_-_19_December_2014_-_6975574.pdf- b. Suggestive of a deep-seated attitude towards children which could lead to ./Salway__John_-_Web_Decision_-_19_December_2014_-_6975574.pdf- harmful behaviour ./Salway__John_-_Web_Decision_-_19_December_2014_-_6975574.pdf- ./Salway__John_-_Web_Decision_-_19_December_2014_-_6975574.pdf:5. His conduct as set out in 2(a) and 2(b), if found to be intentional, was sexually ./Salway__John_-_Web_Decision_-_19_December_2014_-_6975574.pdf-motivated. ./Salway__John_-_Web_Decision_-_19_December_2014_-_6975574.pdf- ./Salway__John_-_Web_Decision_-_19_December_2014_-_6975574.pdf- ./Salway__John_-_Web_Decision_-_19_December_2014_-_6975574.pdf- ./Salway__John_-_Web_Decision_-_19_December_2014_-_6975574.pdf- 4 ./Salway__John_-_Web_Decision_-_19_December_2014_-_6975574.pdf- -- ./Salway__John_-_Web_Decision_-_19_December_2014_-_6975574.pdf-book. This document was the short story referred to in the allegations. ./Salway__John_-_Web_Decision_-_19_December_2014_-_6975574.pdf- ./Salway__John_-_Web_Decision_-_19_December_2014_-_6975574.pdf-Findings of Fact ./Salway__John_-_Web_Decision_-_19_December_2014_-_6975574.pdf-Our findings of fact are as follows: ./Salway__John_-_Web_Decision_-_19_December_2014_-_6975574.pdf- ./Salway__John_-_Web_Decision_-_19_December_2014_-_6975574.pdf-We have found the following particulars of the allegations against you proven, for these ./Salway__John_-_Web_Decision_-_19_December_2014_-_6975574.pdf-reasons: ./Salway__John_-_Web_Decision_-_19_December_2014_-_6975574.pdf- ./Salway__John_-_Web_Decision_-_19_December_2014_-_6975574.pdf- ./Salway__John_-_Web_Decision_-_19_December_2014_-_6975574.pdf-1. On a date unknown, wrote a short story (the "Story") containing ./Salway__John_-_Web_Decision_-_19_December_2014_-_6975574.pdf:sexually explicit language including references to an adult male ./Salway__John_-_Web_Decision_-_19_December_2014_-_6975574.pdf-having: ./Salway__John_-_Web_Decision_-_19_December_2014_-_6975574.pdf- ./Salway__John_-_Web_Decision_-_19_December_2014_-_6975574.pdf-a. Sexual intercourse with a 15 year old girl ./Salway__John_-_Web_Decision_-_19_December_2014_-_6975574.pdf- ./Salway__John_-_Web_Decision_-_19_December_2014_-_6975574.pdf-b. Anal intercourse with a 15 year old girl ./Salway__John_-_Web_Decision_-_19_December_2014_-_6975574.pdf- ./Salway__John_-_Web_Decision_-_19_December_2014_-_6975574.pdf-c. Sexual activity with a 12 year old girl ./Salway__John_-_Web_Decision_-_19_December_2014_-_6975574.pdf-This allegation is admitted and is consistent with the evidence. The Panel has read the ./Salway__John_-_Web_Decision_-_19_December_2014_-_6975574.pdf-Story and found all three references present in the Story. Mr Salway has admitted that ./Salway__John_-_Web_Decision_-_19_December_2014_-_6975574.pdf-he was the author thereof. The Panel finds this allegation proved. -- ./Salway__John_-_Web_Decision_-_19_December_2014_-_6975574.pdf- ./Salway__John_-_Web_Decision_-_19_December_2014_-_6975574.pdf-The Panel therefore finds this allegation proved. ./Salway__John_-_Web_Decision_-_19_December_2014_-_6975574.pdf- ./Salway__John_-_Web_Decision_-_19_December_2014_-_6975574.pdf- ./Salway__John_-_Web_Decision_-_19_December_2014_-_6975574.pdf-4. His conduct as set out in 1 was: ./Salway__John_-_Web_Decision_-_19_December_2014_-_6975574.pdf- ./Salway__John_-_Web_Decision_-_19_December_2014_-_6975574.pdf-a. Sexually motivated ./Salway__John_-_Web_Decision_-_19_December_2014_-_6975574.pdf- ./Salway__John_-_Web_Decision_-_19_December_2014_-_6975574.pdf-b. Suggestive of a deep-seated attitude towards children which could ./Salway__John_-_Web_Decision_-_19_December_2014_-_6975574.pdf-lead to harmful behaviour ./Salway__John_-_Web_Decision_-_19_December_2014_-_6975574.pdf:Mr Salway admits that his conduct as set out in allegation 1 was sexually motivated. He ./Salway__John_-_Web_Decision_-_19_December_2014_-_6975574.pdf:states that the Story was written “as a sexual fantasy for my own private gratification”. ./Salway__John_-_Web_Decision_-_19_December_2014_-_6975574.pdf-The Panel finds that this conduct was suggestive of a deep-seated attitude towards ./Salway__John_-_Web_Decision_-_19_December_2014_-_6975574.pdf-children which could lead to harmful behaviour. The Panel therefore finds this allegation ./Salway__John_-_Web_Decision_-_19_December_2014_-_6975574.pdf-proved. ./Salway__John_-_Web_Decision_-_19_December_2014_-_6975574.pdf- ./Salway__John_-_Web_Decision_-_19_December_2014_-_6975574.pdf- ./Salway__John_-_Web_Decision_-_19_December_2014_-_6975574.pdf-5. His conduct as set out in 2(a) and 2(b), if found to be intentional, was ./Salway__John_-_Web_Decision_-_19_December_2014_-_6975574.pdf:sexually motivated. ./Salway__John_-_Web_Decision_-_19_December_2014_-_6975574.pdf-The Panel first considered whether Mr Salway’s conduct as set out in allegations 2(a) ./Salway__John_-_Web_Decision_-_19_December_2014_-_6975574.pdf-and 2(b) was intentional. Mr Salway’s evidence was to the effect that this element of his ./Salway__John_-_Web_Decision_-_19_December_2014_-_6975574.pdf-conduct was not intentional. The Panel did not accept Mr Salway’s evidence to this ./Salway__John_-_Web_Decision_-_19_December_2014_-_6975574.pdf:effect. The Story, which included sexual activity with a 12 year old girl, came into the ./Salway__John_-_Web_Decision_-_19_December_2014_-_6975574.pdf-possession of a 12 year old girl at the School, where Mr Salway taught. The Story was ./Salway__John_-_Web_Decision_-_19_December_2014_-_6975574.pdf-inside a new workbook that was to be given to Pupil A (albeit not by Mr Salway). Mr ./Salway__John_-_Web_Decision_-_19_December_2014_-_6975574.pdf- ./Salway__John_-_Web_Decision_-_19_December_2014_-_6975574.pdf- ./Salway__John_-_Web_Decision_-_19_December_2014_-_6975574.pdf- ./Salway__John_-_Web_Decision_-_19_December_2014_-_6975574.pdf- 7 ./Salway__John_-_Web_Decision_-_19_December_2014_-_6975574.pdf- -- ./Salway__John_-_Web_Decision_-_19_December_2014_-_6975574.pdf-Salway accepts that he is at a loss to explain how the Story had found its way into the ./Salway__John_-_Web_Decision_-_19_December_2014_-_6975574.pdf-School or Pupil A’s possession. ./Salway__John_-_Web_Decision_-_19_December_2014_-_6975574.pdf- ./Salway__John_-_Web_Decision_-_19_December_2014_-_6975574.pdf-The Panel finds it unlikely that the Story getting from Mr Salway’s home to the School ./Salway__John_-_Web_Decision_-_19_December_2014_-_6975574.pdf-was unintentional; separately it finds it unlikely that the Story getting into a new workbook ./Salway__John_-_Web_Decision_-_19_December_2014_-_6975574.pdf-for a pupil was unintentional; and separately it finds it unlikely that it was unintentional ./Salway__John_-_Web_Decision_-_19_December_2014_-_6975574.pdf-that the pupil who was to receive the book containing the Story was of the age and ./Salway__John_-_Web_Decision_-_19_December_2014_-_6975574.pdf-gender of a character in the Story. Cumulatively, the Panel finds it highly unlikely that Mr ./Salway__John_-_Web_Decision_-_19_December_2014_-_6975574.pdf-Salway’s conduct as set out in 2(a) and 2(b) was unintentional. On the contrary, on the ./Salway__John_-_Web_Decision_-_19_December_2014_-_6975574.pdf-balance of probabilities, the Panel finds that his conduct in this regard was intentional. ./Salway__John_-_Web_Decision_-_19_December_2014_-_6975574.pdf:The Panel has found Mr Salway’s conduct as set out in 2(a) and 2(b) to be sexually ./Salway__John_-_Web_Decision_-_19_December_2014_-_6975574.pdf-motivated. ./Salway__John_-_Web_Decision_-_19_December_2014_-_6975574.pdf- ./Salway__John_-_Web_Decision_-_19_December_2014_-_6975574.pdf- ./Salway__John_-_Web_Decision_-_19_December_2014_-_6975574.pdf- ./Salway__John_-_Web_Decision_-_19_December_2014_-_6975574.pdf- ./Salway__John_-_Web_Decision_-_19_December_2014_-_6975574.pdf-Findings as to unacceptable professional conduct and/or ./Salway__John_-_Web_Decision_-_19_December_2014_-_6975574.pdf-conduct that may bring the profession into disrepute ./Salway__John_-_Web_Decision_-_19_December_2014_-_6975574.pdf-In considering the allegations that the Panel has found proven, the Panel has had regard ./Salway__John_-_Web_Decision_-_19_December_2014_-_6975574.pdf-to the definitions in The Teacher Misconduct – Prohibition of Teachers Advice, which we ./Salway__John_-_Web_Decision_-_19_December_2014_-_6975574.pdf-refer to as the ‘Guidance’. -- ./Salway__John_-_Web_Decision_-_19_December_2014_-_6975574.pdf:story describing in vulgar and detailed terms sexual activity with children, was behaviour ./Salway__John_-_Web_Decision_-_19_December_2014_-_6975574.pdf:associated with offences relating to or involving sexual activity. ./Salway__John_-_Web_Decision_-_19_December_2014_-_6975574.pdf- ./Salway__John_-_Web_Decision_-_19_December_2014_-_6975574.pdf-The Guidance indicates that where behaviours associated with such an offence exist, a ./Salway__John_-_Web_Decision_-_19_December_2014_-_6975574.pdf-Panel is likely to conclude that an individual’s conduct would amount to unacceptable ./Salway__John_-_Web_Decision_-_19_December_2014_-_6975574.pdf-professional conduct. ./Salway__John_-_Web_Decision_-_19_December_2014_-_6975574.pdf- ./Salway__John_-_Web_Decision_-_19_December_2014_-_6975574.pdf-The Panel notes that allegations 1 and 4 took place outside of the education setting. ./Salway__John_-_Web_Decision_-_19_December_2014_-_6975574.pdf-Nonetheless, they demonstrate a deep-seated attitude to children which could lead to ./Salway__John_-_Web_Decision_-_19_December_2014_-_6975574.pdf-harmful behaviour and did in fact lead to a pupil being exposed to the behaviour in a ./Salway__John_-_Web_Decision_-_19_December_2014_-_6975574.pdf-harmful way, as described in allegations 2 and 3. ./Salway__John_-_Web_Decision_-_19_December_2014_-_6975574.pdf- -- ./Salway__John_-_Web_Decision_-_19_December_2014_-_6975574.pdf-namely the protection of pupils; the maintenance of public confidence in the profession ./Salway__John_-_Web_Decision_-_19_December_2014_-_6975574.pdf-and declaring and upholding proper standards of conduct. ./Salway__John_-_Web_Decision_-_19_December_2014_-_6975574.pdf- ./Salway__John_-_Web_Decision_-_19_December_2014_-_6975574.pdf-In light of the Panel’s findings against Mr Salway, which involved intentionally exposing a ./Salway__John_-_Web_Decision_-_19_December_2014_-_6975574.pdf:pupil to a story describing sexual activity with children, there is a strong public interest ./Salway__John_-_Web_Decision_-_19_December_2014_-_6975574.pdf-consideration in respect of the protection of pupils. ./Salway__John_-_Web_Decision_-_19_December_2014_-_6975574.pdf- ./Salway__John_-_Web_Decision_-_19_December_2014_-_6975574.pdf-Similarly, the Panel considers that public confidence in the profession could be seriously ./Salway__John_-_Web_Decision_-_19_December_2014_-_6975574.pdf-weakened if conduct such as that found against Mr Salway were not treated with the ./Salway__John_-_Web_Decision_-_19_December_2014_-_6975574.pdf-utmost seriousness when regulating the conduct of the profession. ./Salway__John_-_Web_Decision_-_19_December_2014_-_6975574.pdf- ./Salway__John_-_Web_Decision_-_19_December_2014_-_6975574.pdf-The Panel considered that a strong public interest consideration in declaring proper ./Salway__John_-_Web_Decision_-_19_December_2014_-_6975574.pdf-standards of conduct in the profession was also present as the conduct found against Mr ./Salway__John_-_Web_Decision_-_19_December_2014_-_6975574.pdf-Salway was far outside that which could reasonably be tolerated. ./Salway__John_-_Web_Decision_-_19_December_2014_-_6975574.pdf- -- ./Salway__John_-_Web_Decision_-_19_December_2014_-_6975574.pdf-Prohibition Order may be appropriate if certain behaviours of a teacher have been ./Salway__John_-_Web_Decision_-_19_December_2014_-_6975574.pdf-proven. In the list of such behaviours, those that are relevant in this case are: ./Salway__John_-_Web_Decision_-_19_December_2014_-_6975574.pdf- ./Salway__John_-_Web_Decision_-_19_December_2014_-_6975574.pdf-  serious departure from the personal and professional conduct elements of the ./Salway__John_-_Web_Decision_-_19_December_2014_-_6975574.pdf- teachers’ standards; ./Salway__John_-_Web_Decision_-_19_December_2014_-_6975574.pdf-  misconduct seriously affecting the education and/or well being of pupils, and ./Salway__John_-_Web_Decision_-_19_December_2014_-_6975574.pdf- particularly where there is a continuing risk; ./Salway__John_-_Web_Decision_-_19_December_2014_-_6975574.pdf-  a deep-seated attitude that leads to harmful behaviour; ./Salway__John_-_Web_Decision_-_19_December_2014_-_6975574.pdf-  abuse of position or trust (particularly involving vulnerable pupils) or violation of the ./Salway__John_-_Web_Decision_-_19_December_2014_-_6975574.pdf- rights of pupils; and ./Salway__John_-_Web_Decision_-_19_December_2014_-_6975574.pdf:  sexual misconduct, eg involving actions that were sexually motivated or of a ./Salway__John_-_Web_Decision_-_19_December_2014_-_6975574.pdf: sexual nature and/or that use or exploit the trust, knowledge or influence derived ./Salway__John_-_Web_Decision_-_19_December_2014_-_6975574.pdf- from the individual’s professional position. ./Salway__John_-_Web_Decision_-_19_December_2014_-_6975574.pdf-Even though there were behaviours that would point to a Prohibition Order being ./Salway__John_-_Web_Decision_-_19_December_2014_-_6975574.pdf-appropriate, the Panel went on to consider whether or not there were sufficient mitigating ./Salway__John_-_Web_Decision_-_19_December_2014_-_6975574.pdf-factors to militate against a Prohibition Order being an appropriate and proportionate ./Salway__John_-_Web_Decision_-_19_December_2014_-_6975574.pdf-measure to impose, particularly taking into account the nature and severity of the ./Salway__John_-_Web_Decision_-_19_December_2014_-_6975574.pdf-behaviour in this case. ./Salway__John_-_Web_Decision_-_19_December_2014_-_6975574.pdf- ./Salway__John_-_Web_Decision_-_19_December_2014_-_6975574.pdf-The Panel has determined that Mr Salway’s actions were deliberate and there was no ./Salway__John_-_Web_Decision_-_19_December_2014_-_6975574.pdf-indication that he was acting under duress. ./Salway__John_-_Web_Decision_-_19_December_2014_-_6975574.pdf- -- ./Salway__John_-_Web_Decision_-_19_December_2014_-_6975574.pdf-The Panel went on to consider whether or not it would be appropriate for them to decide ./Salway__John_-_Web_Decision_-_19_December_2014_-_6975574.pdf-to recommend that a review period of the Order should be considered. The Panel were ./Salway__John_-_Web_Decision_-_19_December_2014_-_6975574.pdf-mindful that the Guidance advises that a Prohibition Order applies for life, but there may ./Salway__John_-_Web_Decision_-_19_December_2014_-_6975574.pdf-be circumstances in any given case that may make it appropriate to allow a teacher to ./Salway__John_-_Web_Decision_-_19_December_2014_-_6975574.pdf-apply to have the Prohibition Order reviewed after a specified period of time that may not ./Salway__John_-_Web_Decision_-_19_December_2014_-_6975574.pdf-be less than two years. ./Salway__John_-_Web_Decision_-_19_December_2014_-_6975574.pdf- ./Salway__John_-_Web_Decision_-_19_December_2014_-_6975574.pdf-The Guidance indicates that there are behaviours that, if proven, would militate against a ./Salway__John_-_Web_Decision_-_19_December_2014_-_6975574.pdf-review period being recommended. ./Salway__John_-_Web_Decision_-_19_December_2014_-_6975574.pdf- ./Salway__John_-_Web_Decision_-_19_December_2014_-_6975574.pdf:These behaviours include serious sexual misconduct, eg where the act was sexually ./Salway__John_-_Web_Decision_-_19_December_2014_-_6975574.pdf-motivated and resulted in or had the potential to result in, harm to a person or persons, ./Salway__John_-_Web_Decision_-_19_December_2014_-_6975574.pdf-particularly where the individual has used their professional position to influence or ./Salway__John_-_Web_Decision_-_19_December_2014_-_6975574.pdf-exploit a person or persons. The Panel has found that Mr Salway has been responsible ./Salway__John_-_Web_Decision_-_19_December_2014_-_6975574.pdf:for intentionally providing a story detailing sexual activity with a child, to a pupil at the ./Salway__John_-_Web_Decision_-_19_December_2014_-_6975574.pdf:School, that his actions were sexually motivated and resulted in harm to Pupil A and her ./Salway__John_-_Web_Decision_-_19_December_2014_-_6975574.pdf:parents. The Panel therefore find this to be a case of serious sexual misconduct. ./Salway__John_-_Web_Decision_-_19_December_2014_-_6975574.pdf- ./Salway__John_-_Web_Decision_-_19_December_2014_-_6975574.pdf-Moreover there is evidence of a deep seated attitude towards children which has led to ./Salway__John_-_Web_Decision_-_19_December_2014_-_6975574.pdf-harmful behaviour in this instance. ./Salway__John_-_Web_Decision_-_19_December_2014_-_6975574.pdf- ./Salway__John_-_Web_Decision_-_19_December_2014_-_6975574.pdf-Mr Salway has admitted that he wrote the Story and that it reached Pupil A. He has ./Salway__John_-_Web_Decision_-_19_December_2014_-_6975574.pdf-shown remorse for this from an early stage. He did not however admit that his actions in ./Salway__John_-_Web_Decision_-_19_December_2014_-_6975574.pdf-bringing the Story to School and arranging that it come into the possession of Pupil A ./Salway__John_-_Web_Decision_-_19_December_2014_-_6975574.pdf-were intentional; contrary to the Panel’s findings. ./Salway__John_-_Web_Decision_-_19_December_2014_-_6975574.pdf- ./Salway__John_-_Web_Decision_-_19_December_2014_-_6975574.pdf-In light of all of the above, the Panel felt the findings indicated a situation in which a -- ./Salway__John_-_Web_Decision_-_19_December_2014_-_6975574.pdf-attention to the guidance set out by the Secretary of State. ./Salway__John_-_Web_Decision_-_19_December_2014_-_6975574.pdf- ./Salway__John_-_Web_Decision_-_19_December_2014_-_6975574.pdf-I have also taken into account the fact that Mr Salway had a previously good history. ./Salway__John_-_Web_Decision_-_19_December_2014_-_6975574.pdf- ./Salway__John_-_Web_Decision_-_19_December_2014_-_6975574.pdf-This case is a serious one which involves behaviours that fall considerably short of those ./Salway__John_-_Web_Decision_-_19_December_2014_-_6975574.pdf-expected by the public of a teacher. Mr Salway wrote a story which itself evidenced a ./Salway__John_-_Web_Decision_-_19_December_2014_-_6975574.pdf-deep seated and harmful attitude to children. Furthermore the panel found that he ./Salway__John_-_Web_Decision_-_19_December_2014_-_6975574.pdf-deliberately caused a young pupil to read this story causing distress to her and to her ./Salway__John_-_Web_Decision_-_19_December_2014_-_6975574.pdf-parents. ./Salway__John_-_Web_Decision_-_19_December_2014_-_6975574.pdf- ./Salway__John_-_Web_Decision_-_19_December_2014_-_6975574.pdf:The panel has found that this behaviour was sexually motivated. ./Salway__John_-_Web_Decision_-_19_December_2014_-_6975574.pdf- ./Salway__John_-_Web_Decision_-_19_December_2014_-_6975574.pdf-I support the recommendation made by the panel that a prohibition order is appropriate ./Salway__John_-_Web_Decision_-_19_December_2014_-_6975574.pdf-and proportionate in this case. ./Salway__John_-_Web_Decision_-_19_December_2014_-_6975574.pdf- ./Salway__John_-_Web_Decision_-_19_December_2014_-_6975574.pdf-I have also given careful consideration to the matter of a review period. The evidence in ./Salway__John_-_Web_Decision_-_19_December_2014_-_6975574.pdf-this case points to a deep seated harmful attitude towards pupils. Taking into account the ./Salway__John_-_Web_Decision_-_19_December_2014_-_6975574.pdf-guidance I also support the panel and have decided that Mr Salway should not be given ./Salway__John_-_Web_Decision_-_19_December_2014_-_6975574.pdf-any opportunity to apply for restoration of his eligibility to teach. ./Salway__John_-_Web_Decision_-_19_December_2014_-_6975574.pdf- ./Salway__John_-_Web_Decision_-_19_December_2014_-_6975574.pdf-This means that Mr John Salway is prohibited from teaching indefinitely and ./Savage__Gary_Raymond_-_S_of_S_Decision__REDACTED_.pdf:8. His conduct as may be found proven at Allegations 1-4 were sexually motivated. ./Savage__Gary_Raymond_-_S_of_S_Decision__REDACTED_.pdf- ./Savage__Gary_Raymond_-_S_of_S_Decision__REDACTED_.pdf-… whilst a teacher at Solefield School, Sevenoaks, Kent between the 1st September ./Savage__Gary_Raymond_-_S_of_S_Decision__REDACTED_.pdf-2000 and the 31st December 2005 he: ./Savage__Gary_Raymond_-_S_of_S_Decision__REDACTED_.pdf- ./Savage__Gary_Raymond_-_S_of_S_Decision__REDACTED_.pdf-9. on more than one occasion, communicated with pupils via text messages despite ./Savage__Gary_Raymond_-_S_of_S_Decision__REDACTED_.pdf- having been warned by the headteacher against doing so. ./Savage__Gary_Raymond_-_S_of_S_Decision__REDACTED_.pdf- ./Savage__Gary_Raymond_-_S_of_S_Decision__REDACTED_.pdf-10. On or before 31st January 2003 entertained ex pupils in his flat. ./Savage__Gary_Raymond_-_S_of_S_Decision__REDACTED_.pdf- ./Savage__Gary_Raymond_-_S_of_S_Decision__REDACTED_.pdf-… whilst a House Master at Christ Church Cathedral Choir School, the School, he: -- ./Savage__Gary_Raymond_-_S_of_S_Decision__REDACTED_.pdf-higher standards expected of a teacher by asking pupils to keep secrets and/or not ./Savage__Gary_Raymond_-_S_of_S_Decision__REDACTED_.pdf-mention these events to people and by informing the school that he had ceased to permit ./Savage__Gary_Raymond_-_S_of_S_Decision__REDACTED_.pdf-and/or encourage wrestling activities. ./Savage__Gary_Raymond_-_S_of_S_Decision__REDACTED_.pdf- ./Savage__Gary_Raymond_-_S_of_S_Decision__REDACTED_.pdf-The panel then considered whether Mr Savage had acted dishonestly in relation to the ./Savage__Gary_Raymond_-_S_of_S_Decision__REDACTED_.pdf-proven facts of allegation 6. In reaching its decision on this, the panel considered the ./Savage__Gary_Raymond_-_S_of_S_Decision__REDACTED_.pdf-case of Ivey v Genting Casinos (UK) Ltd t/a Crockford. ./Savage__Gary_Raymond_-_S_of_S_Decision__REDACTED_.pdf- ./Savage__Gary_Raymond_-_S_of_S_Decision__REDACTED_.pdf-The panel found allegation 7 proved. ./Savage__Gary_Raymond_-_S_of_S_Decision__REDACTED_.pdf- ./Savage__Gary_Raymond_-_S_of_S_Decision__REDACTED_.pdf:8. Your conduct as may be found proven at Allegations 1-4 were sexually ./Savage__Gary_Raymond_-_S_of_S_Decision__REDACTED_.pdf- motivated. ./Savage__Gary_Raymond_-_S_of_S_Decision__REDACTED_.pdf- ./Savage__Gary_Raymond_-_S_of_S_Decision__REDACTED_.pdf-The panel’s attention was drawn to section 78 Sexual Offences Act 2003 and to the ./Savage__Gary_Raymond_-_S_of_S_Decision__REDACTED_.pdf-cases of Sait v The General Medical Council [2018] and Basson v General Medical ./Savage__Gary_Raymond_-_S_of_S_Decision__REDACTED_.pdf-Council [2018]. ./Savage__Gary_Raymond_-_S_of_S_Decision__REDACTED_.pdf- ./Savage__Gary_Raymond_-_S_of_S_Decision__REDACTED_.pdf:The panel gave a great deal of consideration to whether the conduct was of a sexual ./Savage__Gary_Raymond_-_S_of_S_Decision__REDACTED_.pdf:nature. The panel considered whether the conduct was sexual in its nature, or because ./Savage__Gary_Raymond_-_S_of_S_Decision__REDACTED_.pdf:of its nature, might have become sexual. ./Savage__Gary_Raymond_-_S_of_S_Decision__REDACTED_.pdf- ./Savage__Gary_Raymond_-_S_of_S_Decision__REDACTED_.pdf:The panel went on to consider whether Mr Savage’s conduct was sexually motivated and ./Savage__Gary_Raymond_-_S_of_S_Decision__REDACTED_.pdf-found that there could be no reasonable explanation for filming the wrestling other than ./Savage__Gary_Raymond_-_S_of_S_Decision__REDACTED_.pdf:that of sexual motivation. The panel considered the filming to be voyeuristic. ./Savage__Gary_Raymond_-_S_of_S_Decision__REDACTED_.pdf- ./Savage__Gary_Raymond_-_S_of_S_Decision__REDACTED_.pdf-The panel found allegation 8 proved. ./Savage__Gary_Raymond_-_S_of_S_Decision__REDACTED_.pdf- ./Savage__Gary_Raymond_-_S_of_S_Decision__REDACTED_.pdf- ./Savage__Gary_Raymond_-_S_of_S_Decision__REDACTED_.pdf- ./Savage__Gary_Raymond_-_S_of_S_Decision__REDACTED_.pdf- ./Savage__Gary_Raymond_-_S_of_S_Decision__REDACTED_.pdf- 15 ./Savage__Gary_Raymond_-_S_of_S_Decision__REDACTED_.pdf- -- ./Savage__Gary_Raymond_-_S_of_S_Decision__REDACTED_.pdf- ./Savage__Gary_Raymond_-_S_of_S_Decision__REDACTED_.pdf- • misconduct seriously affecting the education and/or well-being of pupils, and ./Savage__Gary_Raymond_-_S_of_S_Decision__REDACTED_.pdf- particularly where there is a continuing risk; ./Savage__Gary_Raymond_-_S_of_S_Decision__REDACTED_.pdf- ./Savage__Gary_Raymond_-_S_of_S_Decision__REDACTED_.pdf- • abuse of position or trust (particularly involving vulnerable pupils) or violation of the ./Savage__Gary_Raymond_-_S_of_S_Decision__REDACTED_.pdf- rights of pupils; ./Savage__Gary_Raymond_-_S_of_S_Decision__REDACTED_.pdf- ./Savage__Gary_Raymond_-_S_of_S_Decision__REDACTED_.pdf- • dishonesty especially where there have been serious consequences, and/or it has ./Savage__Gary_Raymond_-_S_of_S_Decision__REDACTED_.pdf- been repeated and/or covered up; ./Savage__Gary_Raymond_-_S_of_S_Decision__REDACTED_.pdf- ./Savage__Gary_Raymond_-_S_of_S_Decision__REDACTED_.pdf: • sexual misconduct, for example, involving actions that were sexually motivated or ./Savage__Gary_Raymond_-_S_of_S_Decision__REDACTED_.pdf: of a sexual nature and/or that use or exploit the trust, knowledge or influence ./Savage__Gary_Raymond_-_S_of_S_Decision__REDACTED_.pdf- derived from the individual’s professional position;. ./Savage__Gary_Raymond_-_S_of_S_Decision__REDACTED_.pdf- ./Savage__Gary_Raymond_-_S_of_S_Decision__REDACTED_.pdf-Even though some of the behaviour found proved in this case indicated that a prohibition ./Savage__Gary_Raymond_-_S_of_S_Decision__REDACTED_.pdf-order would be appropriate, the panel went on to consider the mitigating factors. ./Savage__Gary_Raymond_-_S_of_S_Decision__REDACTED_.pdf-Mitigating factors may indicate that a prohibition order would not be appropriate or ./Savage__Gary_Raymond_-_S_of_S_Decision__REDACTED_.pdf-proportionate. ./Savage__Gary_Raymond_-_S_of_S_Decision__REDACTED_.pdf- ./Savage__Gary_Raymond_-_S_of_S_Decision__REDACTED_.pdf-There was no evidence that Mr Savage’s actions were not deliberate. ./Savage__Gary_Raymond_-_S_of_S_Decision__REDACTED_.pdf- ./Savage__Gary_Raymond_-_S_of_S_Decision__REDACTED_.pdf-There was no evidence to suggest that Mr Savage was acting under duress -- ./Savage__Gary_Raymond_-_S_of_S_Decision__REDACTED_.pdf-that a prohibition order should be imposed with immediate effect. ./Savage__Gary_Raymond_-_S_of_S_Decision__REDACTED_.pdf- ./Savage__Gary_Raymond_-_S_of_S_Decision__REDACTED_.pdf-The panel went on to consider whether or not it would be appropriate for it to decide to ./Savage__Gary_Raymond_-_S_of_S_Decision__REDACTED_.pdf-recommend a review period of the order. The panel was mindful that the Advice states ./Savage__Gary_Raymond_-_S_of_S_Decision__REDACTED_.pdf-that a prohibition order applies for life, but there may be circumstances, in any given ./Savage__Gary_Raymond_-_S_of_S_Decision__REDACTED_.pdf-case, that may make it appropriate to allow a teacher to apply to have the prohibition ./Savage__Gary_Raymond_-_S_of_S_Decision__REDACTED_.pdf-order reviewed after a specified period of time that may not be less than 2 years. ./Savage__Gary_Raymond_-_S_of_S_Decision__REDACTED_.pdf- ./Savage__Gary_Raymond_-_S_of_S_Decision__REDACTED_.pdf-The Advice indicates that there are behaviours that, if proved, would militate against the ./Savage__Gary_Raymond_-_S_of_S_Decision__REDACTED_.pdf-recommendation of a review period. These behaviours include serious dishonesty and ./Savage__Gary_Raymond_-_S_of_S_Decision__REDACTED_.pdf:serious sexual misconduct, such as where the act was sexually motivated and resulted ./Savage__Gary_Raymond_-_S_of_S_Decision__REDACTED_.pdf-in, or had the potential to result in, harm to a person or persons, particularly where the ./Savage__Gary_Raymond_-_S_of_S_Decision__REDACTED_.pdf-individual has used his professional position to influence or exploit a person or persons. ./Savage__Gary_Raymond_-_S_of_S_Decision__REDACTED_.pdf-The panel found that Mr Savage was responsible for permitting, encouraging and taking ./Savage__Gary_Raymond_-_S_of_S_Decision__REDACTED_.pdf:part in wrestling activities with pupils which was sexually motivated and being dishonest ./Savage__Gary_Raymond_-_S_of_S_Decision__REDACTED_.pdf-and/or lacking integrity. ./Savage__Gary_Raymond_-_S_of_S_Decision__REDACTED_.pdf- ./Savage__Gary_Raymond_-_S_of_S_Decision__REDACTED_.pdf-The panel decided that the findings indicated a situation in which a review period would ./Savage__Gary_Raymond_-_S_of_S_Decision__REDACTED_.pdf-not be appropriate and, as such, decided that it would be proportionate, in all the ./Savage__Gary_Raymond_-_S_of_S_Decision__REDACTED_.pdf-circumstances, for the prohibition order to be recommended without provisions for a ./Savage__Gary_Raymond_-_S_of_S_Decision__REDACTED_.pdf-review period. ./Savage__Gary_Raymond_-_S_of_S_Decision__REDACTED_.pdf- ./Savage__Gary_Raymond_-_S_of_S_Decision__REDACTED_.pdf- ./Savage__Gary_Raymond_-_S_of_S_Decision__REDACTED_.pdf-Decision and reasons on behalf of the Secretary of State ./Savage__Gary_Raymond_-_S_of_S_Decision__REDACTED_.pdf- 21 -- ./Savage__Gary_Raymond_-_S_of_S_Decision__REDACTED_.pdf- own attendance and punctuality. ./Savage__Gary_Raymond_-_S_of_S_Decision__REDACTED_.pdf- ./Savage__Gary_Raymond_-_S_of_S_Decision__REDACTED_.pdf- • Teachers must have an understanding of, and always act within, the statutory ./Savage__Gary_Raymond_-_S_of_S_Decision__REDACTED_.pdf- frameworks which set out their professional duties and responsibilities. ./Savage__Gary_Raymond_-_S_of_S_Decision__REDACTED_.pdf- ./Savage__Gary_Raymond_-_S_of_S_Decision__REDACTED_.pdf-The panel was also. “ satisfied that the conduct of Mr Savage amounted to misconduct of ./Savage__Gary_Raymond_-_S_of_S_Decision__REDACTED_.pdf-a serious nature which fell significantly short of the standards expected of the ./Savage__Gary_Raymond_-_S_of_S_Decision__REDACTED_.pdf-profession.” ./Savage__Gary_Raymond_-_S_of_S_Decision__REDACTED_.pdf- ./Savage__Gary_Raymond_-_S_of_S_Decision__REDACTED_.pdf-The findings of misconduct are particularly serious as they include a finding of ./Savage__Gary_Raymond_-_S_of_S_Decision__REDACTED_.pdf:misconduct that was sexually motivated and dishonesty. ./Savage__Gary_Raymond_-_S_of_S_Decision__REDACTED_.pdf- ./Savage__Gary_Raymond_-_S_of_S_Decision__REDACTED_.pdf-I have to determine whether the imposition of a prohibition order is proportionate and in ./Savage__Gary_Raymond_-_S_of_S_Decision__REDACTED_.pdf-the public interest. In considering that for this case, I have considered the overall aim of a ./Savage__Gary_Raymond_-_S_of_S_Decision__REDACTED_.pdf-prohibition order which is to protect pupils and to maintain public confidence in the ./Savage__Gary_Raymond_-_S_of_S_Decision__REDACTED_.pdf-profession. I have considered the extent to which a prohibition order in this case would ./Savage__Gary_Raymond_-_S_of_S_Decision__REDACTED_.pdf-achieve that aim taking into account the impact that it will have on the individual teacher. ./Savage__Gary_Raymond_-_S_of_S_Decision__REDACTED_.pdf-I have also asked myself, whether a less intrusive measure, such as the published ./Savage__Gary_Raymond_-_S_of_S_Decision__REDACTED_.pdf-finding of unacceptable professional conduct and conduct that may bring the profession ./Savage__Gary_Raymond_-_S_of_S_Decision__REDACTED_.pdf-into disrepute, would itself be sufficient to achieve the overall aim. I have to consider ./Savage__Gary_Raymond_-_S_of_S_Decision__REDACTED_.pdf- -- ./Savage__Gary_Raymond_-_S_of_S_Decision__REDACTED_.pdf-repetition of this behaviour and this puts at risk the future well-being of pupils. I have ./Savage__Gary_Raymond_-_S_of_S_Decision__REDACTED_.pdf-therefore given this element considerable weight in reaching my decision. ./Savage__Gary_Raymond_-_S_of_S_Decision__REDACTED_.pdf- ./Savage__Gary_Raymond_-_S_of_S_Decision__REDACTED_.pdf-I have gone on to consider the extent to which a prohibition order would maintain public ./Savage__Gary_Raymond_-_S_of_S_Decision__REDACTED_.pdf-confidence in the profession. The panel observe, “The panel took into account the way ./Savage__Gary_Raymond_-_S_of_S_Decision__REDACTED_.pdf-the teaching profession is viewed by others and considered the influence that teachers ./Savage__Gary_Raymond_-_S_of_S_Decision__REDACTED_.pdf-may have on pupils, parents and others in the community. The panel also took account of ./Savage__Gary_Raymond_-_S_of_S_Decision__REDACTED_.pdf-the uniquely influential role that teachers can hold in pupils’ lives and the fact that pupils ./Savage__Gary_Raymond_-_S_of_S_Decision__REDACTED_.pdf-must be able to view teachers as role models in the way that they behave.” ./Savage__Gary_Raymond_-_S_of_S_Decision__REDACTED_.pdf- ./Savage__Gary_Raymond_-_S_of_S_Decision__REDACTED_.pdf:I am particularly mindful of the finding of sexually motivated conduct and dishonesty in ./Savage__Gary_Raymond_-_S_of_S_Decision__REDACTED_.pdf-this case and the impact that such a finding has on the reputation of the profession. ./Savage__Gary_Raymond_-_S_of_S_Decision__REDACTED_.pdf- ./Savage__Gary_Raymond_-_S_of_S_Decision__REDACTED_.pdf-I have had to consider that the public has a high expectation of professional standards of ./Savage__Gary_Raymond_-_S_of_S_Decision__REDACTED_.pdf-all teachers and that the public might regard a failure to impose a prohibition order as a ./Savage__Gary_Raymond_-_S_of_S_Decision__REDACTED_.pdf-failure to uphold those high standards. In weighing these considerations, I have had to ./Savage__Gary_Raymond_-_S_of_S_Decision__REDACTED_.pdf-consider the matter from the point of view of an “ordinary intelligent and well-informed ./Savage__Gary_Raymond_-_S_of_S_Decision__REDACTED_.pdf-citizen.” ./Savage__Gary_Raymond_-_S_of_S_Decision__REDACTED_.pdf- ./Savage__Gary_Raymond_-_S_of_S_Decision__REDACTED_.pdf-I have considered whether the publication of a finding of unacceptable professional ./Savage__Gary_Raymond_-_S_of_S_Decision__REDACTED_.pdf-conduct, in the absence of a prohibition order, can itself be regarded by such a person as -- ./Savage__Gary_Raymond_-_S_of_S_Decision__REDACTED_.pdf-insight, does not in my view satisfy the public interest requirement concerning public ./Savage__Gary_Raymond_-_S_of_S_Decision__REDACTED_.pdf-confidence in the profession. ./Savage__Gary_Raymond_-_S_of_S_Decision__REDACTED_.pdf- ./Savage__Gary_Raymond_-_S_of_S_Decision__REDACTED_.pdf-For these reasons, I have concluded that a prohibition order is proportionate and in the ./Savage__Gary_Raymond_-_S_of_S_Decision__REDACTED_.pdf-public interest in order to achieve the intended aims of a prohibition order. ./Savage__Gary_Raymond_-_S_of_S_Decision__REDACTED_.pdf- ./Savage__Gary_Raymond_-_S_of_S_Decision__REDACTED_.pdf-I have gone on to consider the matter of a review period. In this case, the panel has ./Savage__Gary_Raymond_-_S_of_S_Decision__REDACTED_.pdf-recommended that no provision should be made for a review period. ./Savage__Gary_Raymond_-_S_of_S_Decision__REDACTED_.pdf- ./Savage__Gary_Raymond_-_S_of_S_Decision__REDACTED_.pdf-I have considered the panel’s comments “Mr Savage was responsible for permitting, ./Savage__Gary_Raymond_-_S_of_S_Decision__REDACTED_.pdf:encouraging and taking part in wrestling activities with pupils which was sexually ./Savage__Gary_Raymond_-_S_of_S_Decision__REDACTED_.pdf-motivated and being dishonest and/or lacking integrity.” ./Savage__Gary_Raymond_-_S_of_S_Decision__REDACTED_.pdf- ./Savage__Gary_Raymond_-_S_of_S_Decision__REDACTED_.pdf-I have considered whether allowing for a no review reflects the seriousness of the ./Savage__Gary_Raymond_-_S_of_S_Decision__REDACTED_.pdf-findings and is proportionate to achieve the aim of maintaining public confidence in the ./Savage__Gary_Raymond_-_S_of_S_Decision__REDACTED_.pdf-profession. In this case, the factors which mean that a no review is necessary are the ./Savage__Gary_Raymond_-_S_of_S_Decision__REDACTED_.pdf:lack of insight and remorse, the dishonesty and the sexually motivated conduct. ./Savage__Gary_Raymond_-_S_of_S_Decision__REDACTED_.pdf- ./Savage__Gary_Raymond_-_S_of_S_Decision__REDACTED_.pdf-I consider therefore that allowing for no review period is necessary to maintain public ./Savage__Gary_Raymond_-_S_of_S_Decision__REDACTED_.pdf- ./Savage__Gary_Raymond_-_S_of_S_Decision__REDACTED_.pdf-This means that Mr Gary Savage is prohibited from teaching indefinitely and ./Savage__Gary_Raymond_-_S_of_S_Decision__REDACTED_.pdf-cannot teach in any school, sixth form college, relevant youth accommodation or ./Savage__Gary_Raymond_-_S_of_S_Decision__REDACTED_.pdf-children’s home in England. Furthermore, in view of the seriousness of the allegations ./Savage__Gary_Raymond_-_S_of_S_Decision__REDACTED_.pdf-found proved against him, I have decided that Mr Gary Savage shall not be entitled to ./Savage__Gary_Raymond_-_S_of_S_Decision__REDACTED_.pdf-apply for restoration of his eligibility to teach. ./Savage__Gary_Raymond_-_S_of_S_Decision__REDACTED_.pdf- ./Savage__Gary_Raymond_-_S_of_S_Decision__REDACTED_.pdf-This order takes effect from the date on which it is served on the teacher. ./Sharp_Allan_S_of__S_Decision_AM.pdf: c. Participation in an accredited sexual offending group work programme for ./Sharp_Allan_S_of__S_Decision_AM.pdf- no more than 90 days; ./Sharp_Allan_S_of__S_Decision_AM.pdf- ./Sharp_Allan_S_of__S_Decision_AM.pdf: d. A sexual harm prevention order and a requirement to sign the Sex ./Sharp_Allan_S_of__S_Decision_AM.pdf- Offender's register for 5 years; and ./Sharp_Allan_S_of__S_Decision_AM.pdf- ./Sharp_Allan_S_of__S_Decision_AM.pdf- e. A forfeiture order under section 143 of the Powers of the Criminal Courts ./Sharp_Allan_S_of__S_Decision_AM.pdf- (Sentencing) Act 2000. ./Sharp_Allan_S_of__S_Decision_AM.pdf- ./Sharp_Allan_S_of__S_Decision_AM.pdf-Additionally, it was ordered that Mr Sharp was prohibited from: ./Sharp_Allan_S_of__S_Decision_AM.pdf- ./Sharp_Allan_S_of__S_Decision_AM.pdf- • Using computers or devices capable of accessing the internet unless specific ./Sharp_Allan_S_of__S_Decision_AM.pdf- conditions were met; ./Sharp_Allan_S_of__S_Decision_AM.pdf- -- ./Sharp_Allan_S_of__S_Decision_AM.pdf-conduct ran counter to what should be at the very core of the practice of a teacher with a ./Sharp_Allan_S_of__S_Decision_AM.pdf-duty of care towards children. ./Sharp_Allan_S_of__S_Decision_AM.pdf- ./Sharp_Allan_S_of__S_Decision_AM.pdf-The panel also took account of the fact that Mr Sharp's behaviour ultimately led to a 2 ./Sharp_Allan_S_of__S_Decision_AM.pdf-year community order. The public and child protection issues engaged by Mr Sharp's ./Sharp_Allan_S_of__S_Decision_AM.pdf-actions were amply demonstrated by the other aspects of the sentence imposed, ./Sharp_Allan_S_of__S_Decision_AM.pdf:particularly the sexual harm prevention order for a period of 5 years. ./Sharp_Allan_S_of__S_Decision_AM.pdf- ./Sharp_Allan_S_of__S_Decision_AM.pdf-The panel did not consider there to be any relevant mitigating circumstances in relation to ./Sharp_Allan_S_of__S_Decision_AM.pdf-the commission of these offences. ./Sharp_Allan_S_of__S_Decision_AM.pdf- ./Sharp_Allan_S_of__S_Decision_AM.pdf-In conclusion and for all these reasons, the panel found that the seriousness of the ./Sharp_Allan_S_of__S_Decision_AM.pdf-offending behaviour that led to the conviction was directly relevant to Mr Sharp's ongoing ./Sharp_Allan_S_of__S_Decision_AM.pdf-suitability to teach. The panel considered that a finding that this conviction was for ./Sharp_Allan_S_of__S_Decision_AM.pdf-relevant offences was necessary to reaffirm clear standards of conduct so as to maintain ./Sharp_Allan_S_of__S_Decision_AM.pdf-public confidence in the teaching profession. ./Sharp_Allan_S_of__S_Decision_AM.pdf- -- ./Sharp_Allan_S_of__S_Decision_AM.pdf- ./Sharp_Allan_S_of__S_Decision_AM.pdf- • Mr Sharp's actions were deliberate and he was not acting under duress. ./Sharp_Allan_S_of__S_Decision_AM.pdf- ./Sharp_Allan_S_of__S_Decision_AM.pdf- • There was no evidence of insight in relation to Mr Sharp's understanding of the ./Sharp_Allan_S_of__S_Decision_AM.pdf- implications his conduct gave rise to. ./Sharp_Allan_S_of__S_Decision_AM.pdf- ./Sharp_Allan_S_of__S_Decision_AM.pdf- • His actions amounted to a clear breach of the Teachers' Standards and raised ./Sharp_Allan_S_of__S_Decision_AM.pdf- serious public and child protection concerns. ./Sharp_Allan_S_of__S_Decision_AM.pdf- ./Sharp_Allan_S_of__S_Decision_AM.pdf- • Mr Sharp has been convicted of and sentenced for very serious offences involving ./Sharp_Allan_S_of__S_Decision_AM.pdf: children, and remained subject to a sexual harm prevention order and to sign the ./Sharp_Allan_S_of__S_Decision_AM.pdf- Sex Offender's register. ./Sharp_Allan_S_of__S_Decision_AM.pdf- ./Sharp_Allan_S_of__S_Decision_AM.pdf- • His actions involved harm and abuse to children and the images appeared to have ./Sharp_Allan_S_of__S_Decision_AM.pdf- been in his possession for a prolonged period of time, including when he would ./Sharp_Allan_S_of__S_Decision_AM.pdf- have been working with pupils of the same age as those depicted in the images. ./Sharp_Allan_S_of__S_Decision_AM.pdf- ./Sharp_Allan_S_of__S_Decision_AM.pdf- • Mr Sharp was an experienced teacher who was in a position of trust and ./Sharp_Allan_S_of__S_Decision_AM.pdf- responsibility. He was also a role model. He had fallen very far short of the ./Sharp_Allan_S_of__S_Decision_AM.pdf- standards expected of him in that regard. ./Sharp_Allan_S_of__S_Decision_AM.pdf- -- ./Sharp_Allan_S_of__S_Decision_AM.pdf-Mr Sharp's actions were fundamentally incompatible with his being a teacher. This was ./Sharp_Allan_S_of__S_Decision_AM.pdf-conduct of the most serious nature. The nature and gravity of these offences was a ./Sharp_Allan_S_of__S_Decision_AM.pdf-matter of significant concern. There were, accordingly, particularly strong public interest ./Sharp_Allan_S_of__S_Decision_AM.pdf-considerations in this case in terms of protecting the public, public confidence in the ./Sharp_Allan_S_of__S_Decision_AM.pdf-teaching profession and the declaring of proper standards of conduct in this case. ./Sharp_Allan_S_of__S_Decision_AM.pdf- ./Sharp_Allan_S_of__S_Decision_AM.pdf-Mr Sharp's behaviour led to him receiving a significant sentence, which is indicative of ./Sharp_Allan_S_of__S_Decision_AM.pdf-the seriousness of the offences. The panel noted from the remarks of the sentencing ./Sharp_Allan_S_of__S_Decision_AM.pdf-judge that the category A images involve 13 to 14 year old boys, as did the others. ./Sharp_Allan_S_of__S_Decision_AM.pdf:However, those in category A involved penetrative sexual activity. There were also found ./Sharp_Allan_S_of__S_Decision_AM.pdf-to be multiple search terms within Mr Sharp's computer which, despite his denials about ./Sharp_Allan_S_of__S_Decision_AM.pdf-it, plainly indicated, in the view of the Court, that he had searched for the sorts of images ./Sharp_Allan_S_of__S_Decision_AM.pdf-of male children that he had downloaded. In the panel's view, these matters amply ./Sharp_Allan_S_of__S_Decision_AM.pdf-demonstrate both the seriousness of Mr Sharp's actions and the public and child ./Sharp_Allan_S_of__S_Decision_AM.pdf-protection issues this gives rise to. ./Sharp_Allan_S_of__S_Decision_AM.pdf- ./Sharp_Allan_S_of__S_Decision_AM.pdf-The panel was therefore of the view that prohibition was both proportionate and ./Sharp_Allan_S_of__S_Decision_AM.pdf-appropriate. The panel decided that the public interest considerations outweighed the ./Sharp_Allan_S_of__S_Decision_AM.pdf-interests of Mr Sharp. ./Sharp_Allan_S_of__S_Decision_AM.pdf- -- ./Sharp_Allan_S_of__S_Decision_AM.pdf-comment “Mr Sharp appeared to have had an otherwise unblemished record. There was ./Sharp_Allan_S_of__S_Decision_AM.pdf-evidence of good character prior to his conviction.” ./Sharp_Allan_S_of__S_Decision_AM.pdf- ./Sharp_Allan_S_of__S_Decision_AM.pdf-A prohibition order would prevent Mr Sharp from teaching and would also clearly deprive ./Sharp_Allan_S_of__S_Decision_AM.pdf-the public of his contribution to the profession for the period that it is in force. ./Sharp_Allan_S_of__S_Decision_AM.pdf- ./Sharp_Allan_S_of__S_Decision_AM.pdf-In this case, I have placed considerable weight on the panel’s comments, “Mr Sharp's ./Sharp_Allan_S_of__S_Decision_AM.pdf-behaviour led to him receiving a significant sentence, which is indicative of the ./Sharp_Allan_S_of__S_Decision_AM.pdf-seriousness of the offences. The panel noted from the remarks of the sentencing judge ./Sharp_Allan_S_of__S_Decision_AM.pdf-that the category A images involve 13 to 14 year old boys, as did the others. However, ./Sharp_Allan_S_of__S_Decision_AM.pdf:those in category A involved penetrative sexual activity. There were also found to be ./Sharp_Allan_S_of__S_Decision_AM.pdf-multiple search terms within Mr Sharp's computer which, despite his denials about it, ./Sharp_Allan_S_of__S_Decision_AM.pdf-plainly indicated, in the view of the Court, that he had searched for the sorts of images of ./Sharp_Allan_S_of__S_Decision_AM.pdf-male children that he had downloaded. In the panel's view, these matters amply ./Sharp_Allan_S_of__S_Decision_AM.pdf-demonstrate both the seriousness of Mr Sharp's actions and the public and child ./Sharp_Allan_S_of__S_Decision_AM.pdf-protection issues this gives rise to.” ./Sharp_Allan_S_of__S_Decision_AM.pdf- ./Sharp_Allan_S_of__S_Decision_AM.pdf-I have given less weight in my consideration of sanction therefore, to the contribution that ./Sharp_Allan_S_of__S_Decision_AM.pdf-Mr Sharp has made to the profession. In my view, it is necessary to impose a prohibition ./Sharp_Allan_S_of__S_Decision_AM.pdf-order in order to maintain public confidence in the profession. A published decision, in ./Sharp_Allan_S_of__S_Decision_AM.pdf-light of the circumstances in this case, that is not backed up by full remorse, does not in ./Shaw_Kevin_SOS_Decision.pdf- ./Shaw_Kevin_SOS_Decision.pdf-Mr Shaw was employed by Winifred Holtby Academy (‘the School’) as Vice Principal, ./Shaw_Kevin_SOS_Decision.pdf-from 14 June 1986. ./Shaw_Kevin_SOS_Decision.pdf- ./Shaw_Kevin_SOS_Decision.pdf-On 27 February 2018, the LADO contacted the School to confirm that Mr Shaw was ./Shaw_Kevin_SOS_Decision.pdf-being investigated by Humberside police for a historical incident of assault against a ./Shaw_Kevin_SOS_Decision.pdf-pupil. Mr Shaw was suspended from the School as a result and remained suspended ./Shaw_Kevin_SOS_Decision.pdf-until his resignation in August 2019. ./Shaw_Kevin_SOS_Decision.pdf- ./Shaw_Kevin_SOS_Decision.pdf-On 3 September 2019, Mr Shaw was tried and convicted at Hull Crown Court of the ./Shaw_Kevin_SOS_Decision.pdf:offence of indecent assault on a boy under 16 contrary to section 15 of the sexual ./Shaw_Kevin_SOS_Decision.pdf-offences act 1956. ./Shaw_Kevin_SOS_Decision.pdf- ./Shaw_Kevin_SOS_Decision.pdf-On 4 October 2019, Mr Shaw was sentenced to 15 months imprisonment and registered ./Shaw_Kevin_SOS_Decision.pdf:on the sex offenders list for 10 years for the offence. ./Shaw_Kevin_SOS_Decision.pdf- ./Shaw_Kevin_SOS_Decision.pdf-Findings of fact ./Shaw_Kevin_SOS_Decision.pdf- ./Shaw_Kevin_SOS_Decision.pdf-The findings of fact are as follows: ./Shaw_Kevin_SOS_Decision.pdf- ./Shaw_Kevin_SOS_Decision.pdf-The panel found the following particulars of the allegations against you proved, for these ./Shaw_Kevin_SOS_Decision.pdf-reasons: ./Shaw_Kevin_SOS_Decision.pdf- ./Shaw_Kevin_SOS_Decision.pdf- 5 ./Shaw_Kevin_SOS_Decision.pdf- -- ./Shaw_Kevin_SOS_Decision.pdf-impact on the safety or security of pupils and/or members of the public. ./Shaw_Kevin_SOS_Decision.pdf- ./Shaw_Kevin_SOS_Decision.pdf-The panel also took account of the way the teaching profession is viewed by others. The ./Shaw_Kevin_SOS_Decision.pdf-panel considered that Mr Shaw’s behaviour in committing the offence could affect public ./Shaw_Kevin_SOS_Decision.pdf-confidence in the teaching profession, given the influence that teachers may have on ./Shaw_Kevin_SOS_Decision.pdf-pupils, parents and others in the community. ./Shaw_Kevin_SOS_Decision.pdf- ./Shaw_Kevin_SOS_Decision.pdf-The panel noted that Mr Shaw’s behaviour ultimately led to a sentence of 15 months ./Shaw_Kevin_SOS_Decision.pdf-imprisonment, which was indicative of the seriousness of the offence committed. ./Shaw_Kevin_SOS_Decision.pdf- ./Shaw_Kevin_SOS_Decision.pdf:This was a case involving an offence of sexual activity, which the Advice states is more ./Shaw_Kevin_SOS_Decision.pdf-likely to be considered a relevant offence. ./Shaw_Kevin_SOS_Decision.pdf- ./Shaw_Kevin_SOS_Decision.pdf-The panel found that the seriousness of the offending behaviour that led to the conviction ./Shaw_Kevin_SOS_Decision.pdf-was relevant to Mr Shaw’s ongoing suitability to teach. The panel considered that a ./Shaw_Kevin_SOS_Decision.pdf-finding that this conviction was for a relevant offence was necessary to reaffirm clear ./Shaw_Kevin_SOS_Decision.pdf-standards of conduct so as to maintain public confidence in the teaching profession. ./Shaw_Kevin_SOS_Decision.pdf- ./Shaw_Kevin_SOS_Decision.pdf- ./Shaw_Kevin_SOS_Decision.pdf-Panel’s recommendation to the Secretary of State ./Shaw_Kevin_SOS_Decision.pdf-Given the panel’s findings in respect of a conviction of a relevant offence, it was -- ./Shaw_Kevin_SOS_Decision.pdf- ./Shaw_Kevin_SOS_Decision.pdf- • the commission of a serious criminal offence, including those that resulted in a ./Shaw_Kevin_SOS_Decision.pdf- conviction or caution, paying particular attention to offences that are ‘relevant ./Shaw_Kevin_SOS_Decision.pdf- matters’ for the purposes of The Police Act 1997 and criminal record disclosures. ./Shaw_Kevin_SOS_Decision.pdf- ./Shaw_Kevin_SOS_Decision.pdf- • misconduct seriously affecting the education and/or well-being of pupils, and ./Shaw_Kevin_SOS_Decision.pdf- particularly where there is a continuing risk; ./Shaw_Kevin_SOS_Decision.pdf- ./Shaw_Kevin_SOS_Decision.pdf- • abuse of position or trust (particularly involving pupils); ./Shaw_Kevin_SOS_Decision.pdf- ./Shaw_Kevin_SOS_Decision.pdf: • sexual misconduct, for example, involving actions that were sexually motivated or ./Shaw_Kevin_SOS_Decision.pdf: of a sexual nature and/or that use or exploit the trust, knowledge or influence ./Shaw_Kevin_SOS_Decision.pdf- derived from the individual’s professional position; ./Shaw_Kevin_SOS_Decision.pdf- ./Shaw_Kevin_SOS_Decision.pdf- • violating of the rights of pupils; ./Shaw_Kevin_SOS_Decision.pdf- ./Shaw_Kevin_SOS_Decision.pdf- • sustained or serious bullying, or other deliberate behaviour that undermines pupils, ./Shaw_Kevin_SOS_Decision.pdf- the profession, the school or colleagues; ./Shaw_Kevin_SOS_Decision.pdf- ./Shaw_Kevin_SOS_Decision.pdf-Even though some of the behaviour found proved in this case indicated that a prohibition ./Shaw_Kevin_SOS_Decision.pdf-order would be appropriate, the panel went on to consider the mitigating factors. ./Shaw_Kevin_SOS_Decision.pdf-Mitigating factors may indicate that a prohibition order would not be appropriate or -- ./Shaw_Kevin_SOS_Decision.pdf-related to a similar admitted incident involving the use of corporal punishment in 1999. ./Shaw_Kevin_SOS_Decision.pdf-The panel felt that this demonstrated a pattern of behaviour which was indicative of a ./Shaw_Kevin_SOS_Decision.pdf-prolonged serious departure from the personal and professional conduct elements of the ./Shaw_Kevin_SOS_Decision.pdf-Teachers’ Standards. ./Shaw_Kevin_SOS_Decision.pdf- ./Shaw_Kevin_SOS_Decision.pdf-The panel noted the sentencing remarks submitted as part of the bundle which made ./Shaw_Kevin_SOS_Decision.pdf-reference to Mr Shaw’s [redacted] and good character. However, the panel was not ./Shaw_Kevin_SOS_Decision.pdf-provided with any mitigation evidence, nor was it provided with a mitigation statement ./Shaw_Kevin_SOS_Decision.pdf-from Mr Shaw or any character references. ./Shaw_Kevin_SOS_Decision.pdf- ./Shaw_Kevin_SOS_Decision.pdf:Although Mr Shaw admitted his actions, he denied that they were sexual in nature. Mr ./Shaw_Kevin_SOS_Decision.pdf-Shaw, as set out in the email to the TRA dated 2 December 2021, submitted that his ./Shaw_Kevin_SOS_Decision.pdf-actions were disciplinary although totally inappropriate. Further, Mr Shaw submitted that ./Shaw_Kevin_SOS_Decision.pdf-he regretted the upset caused to the victim by his actions and the way he tarnished his ./Shaw_Kevin_SOS_Decision.pdf-own 33 years as a teacher. The panel noted the absence of any apology from Mr Shaw ./Shaw_Kevin_SOS_Decision.pdf-to either his victim or the profession generally. The panel also considered that Mr Shaw’s ./Shaw_Kevin_SOS_Decision.pdf-use of the term “tarnish” did not demonstrate an appreciation of the severity of his ./Shaw_Kevin_SOS_Decision.pdf-misconduct. The panel did not feel there was any insight which would ensure there was ./Shaw_Kevin_SOS_Decision.pdf-no repetition of this incident in the future. The panel did not feel Mr Shaw had ./Shaw_Kevin_SOS_Decision.pdf-demonstrated any insight into his behaviour and the consequences to both the victim and ./Shaw_Kevin_SOS_Decision.pdf-the profession. -- ./Shaw_Kevin_SOS_Decision.pdf-The panel went on to consider whether or not it would be appropriate to recommend that ./Shaw_Kevin_SOS_Decision.pdf-a review period of the order should be considered. The panel was mindful that the Advice ./Shaw_Kevin_SOS_Decision.pdf-states that a prohibition order applies for life, but there may be circumstances, in any ./Shaw_Kevin_SOS_Decision.pdf-given case, which may make it appropriate to allow a teacher to apply to have the ./Shaw_Kevin_SOS_Decision.pdf-prohibition order reviewed after a specified period of time that may not be less than 2 ./Shaw_Kevin_SOS_Decision.pdf-years. ./Shaw_Kevin_SOS_Decision.pdf- ./Shaw_Kevin_SOS_Decision.pdf-The Advice indicates that there are behaviours that, if proved, would militate against the ./Shaw_Kevin_SOS_Decision.pdf:recommendation of a review period. One of these behaviours include serious sexual ./Shaw_Kevin_SOS_Decision.pdf:misconduct, such as where the act was sexually motivated and resulted in, or had the ./Shaw_Kevin_SOS_Decision.pdf-potential to result in, harm to a person or persons, particularly where the individual has ./Shaw_Kevin_SOS_Decision.pdf:used his professional position to influence or exploit a person or persons and any sexual ./Shaw_Kevin_SOS_Decision.pdf-misconduct involving a child. The panel found that Mr Shaw was responsible for indecent ./Shaw_Kevin_SOS_Decision.pdf-assault of a boy under 16. ./Shaw_Kevin_SOS_Decision.pdf- ./Shaw_Kevin_SOS_Decision.pdf-The Advice also indicates that there are behaviours, including violence, that, if proved, ./Shaw_Kevin_SOS_Decision.pdf-would have greater relevance and weigh in favour of a longer review period. The panel ./Shaw_Kevin_SOS_Decision.pdf-found that Mr Shaw’s actions were violent in nature. ./Shaw_Kevin_SOS_Decision.pdf- ./Shaw_Kevin_SOS_Decision.pdf-The panel decided that the findings indicated a situation in which a review period would ./Shaw_Kevin_SOS_Decision.pdf-not be appropriate, in particular due to the severity of the offence, the fact it resulted in a ./Shaw_Kevin_SOS_Decision.pdf-prison sentence and the profound impact it had on the victim, and, as such, decided that ./Sibthorpe_Dean_-_S_of_S_decision_REDACTED1__2_.pdf- ./Sibthorpe_Dean_-_S_of_S_decision_REDACTED1__2_.pdf-It was alleged that Dr Sibthorpe was guilty of unacceptable professional conduct and/or ./Sibthorpe_Dean_-_S_of_S_decision_REDACTED1__2_.pdf-conduct that may bring the profession into disrepute, in that whilst employed as a teacher ./Sibthorpe_Dean_-_S_of_S_decision_REDACTED1__2_.pdf-of Biology at Malvern College between 01 September 2007 and 19 June 2020: ./Sibthorpe_Dean_-_S_of_S_decision_REDACTED1__2_.pdf- ./Sibthorpe_Dean_-_S_of_S_decision_REDACTED1__2_.pdf-1. He failed to maintain appropriate professional boundaries with respect of a vulnerable ./Sibthorpe_Dean_-_S_of_S_decision_REDACTED1__2_.pdf- pupil, Pupil A, in that: ./Sibthorpe_Dean_-_S_of_S_decision_REDACTED1__2_.pdf- ./Sibthorpe_Dean_-_S_of_S_decision_REDACTED1__2_.pdf- a. He provided his phone number to Pupil A; ./Sibthorpe_Dean_-_S_of_S_decision_REDACTED1__2_.pdf- ./Sibthorpe_Dean_-_S_of_S_decision_REDACTED1__2_.pdf: b. He exchanged inappropriate and/or sexually explicit messages with Pupil A using ./Sibthorpe_Dean_-_S_of_S_decision_REDACTED1__2_.pdf- WhatsApp, whilst he was working at the school, in particular; ./Sibthorpe_Dean_-_S_of_S_decision_REDACTED1__2_.pdf- ./Sibthorpe_Dean_-_S_of_S_decision_REDACTED1__2_.pdf- i. ‘Looking at yours gets me very hard’ when referring to her photographs ./Sibthorpe_Dean_-_S_of_S_decision_REDACTED1__2_.pdf- ./Sibthorpe_Dean_-_S_of_S_decision_REDACTED1__2_.pdf- ii. ‘and now the thought of you getting [water drops emoji] has had that effect ./Sibthorpe_Dean_-_S_of_S_decision_REDACTED1__2_.pdf- again!’; ./Sibthorpe_Dean_-_S_of_S_decision_REDACTED1__2_.pdf- ./Sibthorpe_Dean_-_S_of_S_decision_REDACTED1__2_.pdf- iii. ‘super hard again!’; ./Sibthorpe_Dean_-_S_of_S_decision_REDACTED1__2_.pdf- ./Sibthorpe_Dean_-_S_of_S_decision_REDACTED1__2_.pdf- iv. ‘I’m extremely aroused at the mo and have a TOK meeting at 2pm’; ./Sibthorpe_Dean_-_S_of_S_decision_REDACTED1__2_.pdf- ./Sibthorpe_Dean_-_S_of_S_decision_REDACTED1__2_.pdf: v. Receiving an explicit video of Pupil A touching herself in a sexual manner and ./Sibthorpe_Dean_-_S_of_S_decision_REDACTED1__2_.pdf- responding ‘OMG, [Pupil A]! Hot hot hot [Emoji] uhhhhhhhh, wish that was (my) ./Sibthorpe_Dean_-_S_of_S_decision_REDACTED1__2_.pdf- hand!’ or words to that effect; ./Sibthorpe_Dean_-_S_of_S_decision_REDACTED1__2_.pdf- ./Sibthorpe_Dean_-_S_of_S_decision_REDACTED1__2_.pdf- c. He sent photographs to Pupil A using WhatsApp, whilst he was working at the ./Sibthorpe_Dean_-_S_of_S_decision_REDACTED1__2_.pdf- school, namely; ./Sibthorpe_Dean_-_S_of_S_decision_REDACTED1__2_.pdf- ./Sibthorpe_Dean_-_S_of_S_decision_REDACTED1__2_.pdf- i. An image of a naked male showering which he purported to be an image of ./Sibthorpe_Dean_-_S_of_S_decision_REDACTED1__2_.pdf- himself; ./Sibthorpe_Dean_-_S_of_S_decision_REDACTED1__2_.pdf- ./Sibthorpe_Dean_-_S_of_S_decision_REDACTED1__2_.pdf- ii. An image of his lower abdomen; ./Sibthorpe_Dean_-_S_of_S_decision_REDACTED1__2_.pdf- ./Sibthorpe_Dean_-_S_of_S_decision_REDACTED1__2_.pdf- iii. An image of him wearing bib shorts with his torso exposed ./Sibthorpe_Dean_-_S_of_S_decision_REDACTED1__2_.pdf- ./Sibthorpe_Dean_-_S_of_S_decision_REDACTED1__2_.pdf:2. His behaviour as may be found proven at Allegation 1 above was conduct of a sexual ./Sibthorpe_Dean_-_S_of_S_decision_REDACTED1__2_.pdf: nature and/or was sexually motivated. ./Sibthorpe_Dean_-_S_of_S_decision_REDACTED1__2_.pdf- ./Sibthorpe_Dean_-_S_of_S_decision_REDACTED1__2_.pdf-Dr Sibthorpe admits the facts of allegations 1.a, 1.b)i-v, 1.c)i-iii and 2, as set out in the ./Sibthorpe_Dean_-_S_of_S_decision_REDACTED1__2_.pdf-statement of agreed facts signed by Dr Sibthorpe on 01 June 2021. ./Sibthorpe_Dean_-_S_of_S_decision_REDACTED1__2_.pdf- ./Sibthorpe_Dean_-_S_of_S_decision_REDACTED1__2_.pdf- ./Sibthorpe_Dean_-_S_of_S_decision_REDACTED1__2_.pdf- ./Sibthorpe_Dean_-_S_of_S_decision_REDACTED1__2_.pdf- ./Sibthorpe_Dean_-_S_of_S_decision_REDACTED1__2_.pdf- 4 ./Sibthorpe_Dean_-_S_of_S_decision_REDACTED1__2_.pdf- -- ./Sibthorpe_Dean_-_S_of_S_decision_REDACTED1__2_.pdf- • section 5: Teacher documents – pages 131 to 143 ./Sibthorpe_Dean_-_S_of_S_decision_REDACTED1__2_.pdf- ./Sibthorpe_Dean_-_S_of_S_decision_REDACTED1__2_.pdf-The panel members confirmed that they had read all of the documents within the bundle, ./Sibthorpe_Dean_-_S_of_S_decision_REDACTED1__2_.pdf-in advance of the meeting. ./Sibthorpe_Dean_-_S_of_S_decision_REDACTED1__2_.pdf- ./Sibthorpe_Dean_-_S_of_S_decision_REDACTED1__2_.pdf-Statement of agreed facts ./Sibthorpe_Dean_-_S_of_S_decision_REDACTED1__2_.pdf- ./Sibthorpe_Dean_-_S_of_S_decision_REDACTED1__2_.pdf-The panel considered a statement of agreed facts which was signed by Dr Sibthorpe on ./Sibthorpe_Dean_-_S_of_S_decision_REDACTED1__2_.pdf-01 June 2021. It related to Dr Sibthorpe, who whilst employed at Malvern College (“the ./Sibthorpe_Dean_-_S_of_S_decision_REDACTED1__2_.pdf-School”), failed to maintain appropriate professional boundaries with a vulnerable pupil, ./Sibthorpe_Dean_-_S_of_S_decision_REDACTED1__2_.pdf:Pupil A, and engaged in conduct of a sexual nature and/or was sexually motivated. This ./Sibthorpe_Dean_-_S_of_S_decision_REDACTED1__2_.pdf-included providing Pupil A with his personal phone number and using WhatsApp to ./Sibthorpe_Dean_-_S_of_S_decision_REDACTED1__2_.pdf:exchange photographs and inappropriate and/or sexually explicit messages with Pupil A. ./Sibthorpe_Dean_-_S_of_S_decision_REDACTED1__2_.pdf- ./Sibthorpe_Dean_-_S_of_S_decision_REDACTED1__2_.pdf-Dr Sibthorpe admitted in the statement of agreed facts that he failed to maintain ./Sibthorpe_Dean_-_S_of_S_decision_REDACTED1__2_.pdf-appropriate professional boundaries having engaged in the behaviour outlined above. Dr ./Sibthorpe_Dean_-_S_of_S_decision_REDACTED1__2_.pdf:Sibthorpe further admitted that his conduct as described was of a sexual nature and was ./Sibthorpe_Dean_-_S_of_S_decision_REDACTED1__2_.pdf:sexually motivated. ./Sibthorpe_Dean_-_S_of_S_decision_REDACTED1__2_.pdf- ./Sibthorpe_Dean_-_S_of_S_decision_REDACTED1__2_.pdf- ./Sibthorpe_Dean_-_S_of_S_decision_REDACTED1__2_.pdf- ./Sibthorpe_Dean_-_S_of_S_decision_REDACTED1__2_.pdf- ./Sibthorpe_Dean_-_S_of_S_decision_REDACTED1__2_.pdf- 5 ./Sibthorpe_Dean_-_S_of_S_decision_REDACTED1__2_.pdf- -- ./Sibthorpe_Dean_-_S_of_S_decision_REDACTED1__2_.pdf-The panel found the particulars of allegations 1.a proved. ./Sibthorpe_Dean_-_S_of_S_decision_REDACTED1__2_.pdf- ./Sibthorpe_Dean_-_S_of_S_decision_REDACTED1__2_.pdf: b. You exchanged inappropriate and/or sexually explicit messages with Pupil A ./Sibthorpe_Dean_-_S_of_S_decision_REDACTED1__2_.pdf- using WhatsApp, whilst you was working at the school, in particular; ./Sibthorpe_Dean_-_S_of_S_decision_REDACTED1__2_.pdf- ./Sibthorpe_Dean_-_S_of_S_decision_REDACTED1__2_.pdf- i. ‘Looking at yours gets me very hard’ when referring to her photographs ./Sibthorpe_Dean_-_S_of_S_decision_REDACTED1__2_.pdf- ./Sibthorpe_Dean_-_S_of_S_decision_REDACTED1__2_.pdf- ii. ‘and now the thought of you getting [water drops emoji] has had that effect ./Sibthorpe_Dean_-_S_of_S_decision_REDACTED1__2_.pdf- again!’; ./Sibthorpe_Dean_-_S_of_S_decision_REDACTED1__2_.pdf- ./Sibthorpe_Dean_-_S_of_S_decision_REDACTED1__2_.pdf- iii. ‘super hard again!’; ./Sibthorpe_Dean_-_S_of_S_decision_REDACTED1__2_.pdf- ./Sibthorpe_Dean_-_S_of_S_decision_REDACTED1__2_.pdf- iv. ‘I’m extremely aroused at the mo and have a TOK meeting at 2pm’; ./Sibthorpe_Dean_-_S_of_S_decision_REDACTED1__2_.pdf- ./Sibthorpe_Dean_-_S_of_S_decision_REDACTED1__2_.pdf: v. Receiving an explicit video of Pupil A touching herself in a sexual manner ./Sibthorpe_Dean_-_S_of_S_decision_REDACTED1__2_.pdf- and responding ‘OMG, [Pupil A]! Hot hot hot [Emoji] uhhhhhhhh, wish that ./Sibthorpe_Dean_-_S_of_S_decision_REDACTED1__2_.pdf- was (my) hand!’ or words to that effect; ./Sibthorpe_Dean_-_S_of_S_decision_REDACTED1__2_.pdf- ./Sibthorpe_Dean_-_S_of_S_decision_REDACTED1__2_.pdf-The panel noted that in the statement of agreed facts, signed by Dr Sibthorpe and dated ./Sibthorpe_Dean_-_S_of_S_decision_REDACTED1__2_.pdf-01 June 2021, Dr Sibthorpe admitted the facts of allegations 1.b)i-v. ./Sibthorpe_Dean_-_S_of_S_decision_REDACTED1__2_.pdf- ./Sibthorpe_Dean_-_S_of_S_decision_REDACTED1__2_.pdf-Notwithstanding the above, the panel made its own determination on the facts of the ./Sibthorpe_Dean_-_S_of_S_decision_REDACTED1__2_.pdf-allegations on all of the evidence before it. ./Sibthorpe_Dean_-_S_of_S_decision_REDACTED1__2_.pdf- ./Sibthorpe_Dean_-_S_of_S_decision_REDACTED1__2_.pdf-In respect of allegations 1.b)i-v the panel was provided with screenshots of WhatsApp ./Sibthorpe_Dean_-_S_of_S_decision_REDACTED1__2_.pdf-messages exchanged between Dr Sibthorpe and Pupil A. The panel deemed the ./Sibthorpe_Dean_-_S_of_S_decision_REDACTED1__2_.pdf:messages exchanged via WhatsApp both inappropriate and sexually explicit. ./Sibthorpe_Dean_-_S_of_S_decision_REDACTED1__2_.pdf- ./Sibthorpe_Dean_-_S_of_S_decision_REDACTED1__2_.pdf-The panel noted that neither Pupil A nor Dr Sibthorpe were physically on school ./Sibthorpe_Dean_-_S_of_S_decision_REDACTED1__2_.pdf-premises. The panel was satisfied that irrespective of location, Pupil A remained a pupil ./Sibthorpe_Dean_-_S_of_S_decision_REDACTED1__2_.pdf-of the School and Dr Sibthorpe was still carrying out his duties as both a teacher and ./Sibthorpe_Dean_-_S_of_S_decision_REDACTED1__2_.pdf-[REDACTED]. ./Sibthorpe_Dean_-_S_of_S_decision_REDACTED1__2_.pdf- ./Sibthorpe_Dean_-_S_of_S_decision_REDACTED1__2_.pdf-The panel found the particulars of allegations 1.b)i-v proved. ./Sibthorpe_Dean_-_S_of_S_decision_REDACTED1__2_.pdf- ./Sibthorpe_Dean_-_S_of_S_decision_REDACTED1__2_.pdf- c. You sent photographs to Pupil A using WhatsApp, whilst you was working at ./Sibthorpe_Dean_-_S_of_S_decision_REDACTED1__2_.pdf- the school, namely; -- ./Sibthorpe_Dean_-_S_of_S_decision_REDACTED1__2_.pdf- ./Sibthorpe_Dean_-_S_of_S_decision_REDACTED1__2_.pdf-In respect of allegations 1.c)i-iii, the panel was provided with screenshots of the ./Sibthorpe_Dean_-_S_of_S_decision_REDACTED1__2_.pdf-WhatsApp photographs exchanged between Dr Sibthorpe and Pupil A. The panel noted ./Sibthorpe_Dean_-_S_of_S_decision_REDACTED1__2_.pdf-that neither Pupil A nor Dr Sibthorpe were physically on school premises. The panel were ./Sibthorpe_Dean_-_S_of_S_decision_REDACTED1__2_.pdf-satisfied that irrespective of location, Pupil A remained a pupil of the School and Dr ./Sibthorpe_Dean_-_S_of_S_decision_REDACTED1__2_.pdf-Sibthorpe was still carrying out his duties as both a teacher and [REDACTED]. ./Sibthorpe_Dean_-_S_of_S_decision_REDACTED1__2_.pdf- ./Sibthorpe_Dean_-_S_of_S_decision_REDACTED1__2_.pdf-The panel found the particulars of allegations 1.c)i-iii proved. ./Sibthorpe_Dean_-_S_of_S_decision_REDACTED1__2_.pdf- ./Sibthorpe_Dean_-_S_of_S_decision_REDACTED1__2_.pdf-2. Your behaviour as may be found proven at Allegation 1 above was conduct of a ./Sibthorpe_Dean_-_S_of_S_decision_REDACTED1__2_.pdf: sexual nature and/or was sexually motivated. ./Sibthorpe_Dean_-_S_of_S_decision_REDACTED1__2_.pdf- ./Sibthorpe_Dean_-_S_of_S_decision_REDACTED1__2_.pdf-The panel noted that in the statement of agreed facts, signed by Dr Sibthorpe and dated ./Sibthorpe_Dean_-_S_of_S_decision_REDACTED1__2_.pdf-01 June 2021, Dr Sibthorpe admitted that he engaged in activity which was patently of a ./Sibthorpe_Dean_-_S_of_S_decision_REDACTED1__2_.pdf:sexual nature and therefore admitted that he was sexually motivated when he engaged in ./Sibthorpe_Dean_-_S_of_S_decision_REDACTED1__2_.pdf-that conduct. ./Sibthorpe_Dean_-_S_of_S_decision_REDACTED1__2_.pdf- ./Sibthorpe_Dean_-_S_of_S_decision_REDACTED1__2_.pdf-Notwithstanding the above, the panel made its own determination on the facts of the ./Sibthorpe_Dean_-_S_of_S_decision_REDACTED1__2_.pdf-allegations on all of the evidence before it. ./Sibthorpe_Dean_-_S_of_S_decision_REDACTED1__2_.pdf- ./Sibthorpe_Dean_-_S_of_S_decision_REDACTED1__2_.pdf-The panel’s attention was drawn to section 78 Sexual Offences Act 2003 and to the ./Sibthorpe_Dean_-_S_of_S_decision_REDACTED1__2_.pdf-cases of Sait v The General Medical Council [2018], Basson v General Medical Council ./Sibthorpe_Dean_-_S_of_S_decision_REDACTED1__2_.pdf-[2018] and The General Medical Counsel v Haris [2020] EWHC 2518. In respect of ./Sibthorpe_Dean_-_S_of_S_decision_REDACTED1__2_.pdf-motivation, the panel considered that Dr Sibthorpe’s conduct was done either in pursuit of ./Sibthorpe_Dean_-_S_of_S_decision_REDACTED1__2_.pdf:sexual gratification and/or in pursuit of a sexual relationship. ./Sibthorpe_Dean_-_S_of_S_decision_REDACTED1__2_.pdf- ./Sibthorpe_Dean_-_S_of_S_decision_REDACTED1__2_.pdf-In making this determination, the panel had particular regard to the fact that Dr Sibthorpe ./Sibthorpe_Dean_-_S_of_S_decision_REDACTED1__2_.pdf:had exchanged several sexually explicit messages, photographs and a video with Pupil ./Sibthorpe_Dean_-_S_of_S_decision_REDACTED1__2_.pdf-A. ./Sibthorpe_Dean_-_S_of_S_decision_REDACTED1__2_.pdf- ./Sibthorpe_Dean_-_S_of_S_decision_REDACTED1__2_.pdf-On examination of the documents before the panel, the panel concluded that Dr ./Sibthorpe_Dean_-_S_of_S_decision_REDACTED1__2_.pdf:Sibthorpe’s conduct, as set out in allegations 1a, 1.b)i-v and 1.c)i-iii was sexually ./Sibthorpe_Dean_-_S_of_S_decision_REDACTED1__2_.pdf-motivated. The panel noted that both the wording used, and the context in which the ./Sibthorpe_Dean_-_S_of_S_decision_REDACTED1__2_.pdf:WhatsApp exchanges took place, plainly indicated conduct of a sexual nature and / or ./Sibthorpe_Dean_-_S_of_S_decision_REDACTED1__2_.pdf:sexual motivation. The panel did not consider that Dr Sibthorpe’s actions could be ./Sibthorpe_Dean_-_S_of_S_decision_REDACTED1__2_.pdf-construed any other way. ./Sibthorpe_Dean_-_S_of_S_decision_REDACTED1__2_.pdf- ./Sibthorpe_Dean_-_S_of_S_decision_REDACTED1__2_.pdf-The panel found the particulars of allegations 2 proved. ./Sibthorpe_Dean_-_S_of_S_decision_REDACTED1__2_.pdf- ./Sibthorpe_Dean_-_S_of_S_decision_REDACTED1__2_.pdf- ./Sibthorpe_Dean_-_S_of_S_decision_REDACTED1__2_.pdf- ./Sibthorpe_Dean_-_S_of_S_decision_REDACTED1__2_.pdf- ./Sibthorpe_Dean_-_S_of_S_decision_REDACTED1__2_.pdf- 8 ./Sibthorpe_Dean_-_S_of_S_decision_REDACTED1__2_.pdf- -- ./Sibthorpe_Dean_-_S_of_S_decision_REDACTED1__2_.pdf- ▪ Teachers must have an understanding of, and always act within, the statutory ./Sibthorpe_Dean_-_S_of_S_decision_REDACTED1__2_.pdf- frameworks which set out their professional duties and responsibilities. ./Sibthorpe_Dean_-_S_of_S_decision_REDACTED1__2_.pdf- ./Sibthorpe_Dean_-_S_of_S_decision_REDACTED1__2_.pdf-The panel was satisfied that the conduct of Dr Sibthorpe fell significantly short of the ./Sibthorpe_Dean_-_S_of_S_decision_REDACTED1__2_.pdf-standards expected of the profession. ./Sibthorpe_Dean_-_S_of_S_decision_REDACTED1__2_.pdf- ./Sibthorpe_Dean_-_S_of_S_decision_REDACTED1__2_.pdf-The panel was in no doubt, by the very nature of the evidence before it, that the ./Sibthorpe_Dean_-_S_of_S_decision_REDACTED1__2_.pdf-exchanges via WhatsApp were wholly inappropriate given the role and position of trust ./Sibthorpe_Dean_-_S_of_S_decision_REDACTED1__2_.pdf-that Dr Sibthorpe held as both a teacher and Pupil A’s [REDACTED]. The panel ./Sibthorpe_Dean_-_S_of_S_decision_REDACTED1__2_.pdf-commented that the language used within the messages, was significant of a close ./Sibthorpe_Dean_-_S_of_S_decision_REDACTED1__2_.pdf:sexual connection, whether physically possible or not. ./Sibthorpe_Dean_-_S_of_S_decision_REDACTED1__2_.pdf- ./Sibthorpe_Dean_-_S_of_S_decision_REDACTED1__2_.pdf-The panel noted that in the statement of agreed facts, signed by Dr Sibthorpe and dated ./Sibthorpe_Dean_-_S_of_S_decision_REDACTED1__2_.pdf-01 June 2021, Dr Sibthorpe accepted that his conduct amounted to unacceptable ./Sibthorpe_Dean_-_S_of_S_decision_REDACTED1__2_.pdf-unprofessional conduct. In addition, the panel noted that Dr Sibthorpe was an ./Sibthorpe_Dean_-_S_of_S_decision_REDACTED1__2_.pdf-experienced teacher and [REDACTED] who had undertaken safeguarding training and ./Sibthorpe_Dean_-_S_of_S_decision_REDACTED1__2_.pdf-confirmed to the School that he had read, understood and was willing to comply with the ./Sibthorpe_Dean_-_S_of_S_decision_REDACTED1__2_.pdf- ./Sibthorpe_Dean_-_S_of_S_decision_REDACTED1__2_.pdf- ./Sibthorpe_Dean_-_S_of_S_decision_REDACTED1__2_.pdf- ./Sibthorpe_Dean_-_S_of_S_decision_REDACTED1__2_.pdf- 9 -- ./Sibthorpe_Dean_-_S_of_S_decision_REDACTED1__2_.pdf- ./Sibthorpe_Dean_-_S_of_S_decision_REDACTED1__2_.pdf- ▪ serious departure from the personal and professional conduct elements of the ./Sibthorpe_Dean_-_S_of_S_decision_REDACTED1__2_.pdf- Teachers’ Standards; ./Sibthorpe_Dean_-_S_of_S_decision_REDACTED1__2_.pdf- ./Sibthorpe_Dean_-_S_of_S_decision_REDACTED1__2_.pdf- ▪ misconduct seriously affecting the education and/or well-being of pupils, and ./Sibthorpe_Dean_-_S_of_S_decision_REDACTED1__2_.pdf- particularly where there is a continuing risk; ./Sibthorpe_Dean_-_S_of_S_decision_REDACTED1__2_.pdf- ./Sibthorpe_Dean_-_S_of_S_decision_REDACTED1__2_.pdf- ▪ abuse of position or trust (particularly involving vulnerable pupils) or violation of the ./Sibthorpe_Dean_-_S_of_S_decision_REDACTED1__2_.pdf- rights of pupils; ./Sibthorpe_Dean_-_S_of_S_decision_REDACTED1__2_.pdf- ./Sibthorpe_Dean_-_S_of_S_decision_REDACTED1__2_.pdf: ▪ sexual misconduct, for example, involving actions that were sexually motivated or ./Sibthorpe_Dean_-_S_of_S_decision_REDACTED1__2_.pdf: of a sexual nature and/or that use or exploit the trust, knowledge or influence ./Sibthorpe_Dean_-_S_of_S_decision_REDACTED1__2_.pdf- derived from the individual’s professional position; ./Sibthorpe_Dean_-_S_of_S_decision_REDACTED1__2_.pdf- ./Sibthorpe_Dean_-_S_of_S_decision_REDACTED1__2_.pdf-Even though some of the behaviour found proved in this case indicated that a prohibition ./Sibthorpe_Dean_-_S_of_S_decision_REDACTED1__2_.pdf-order would be appropriate, the panel went on to consider the mitigating factors. ./Sibthorpe_Dean_-_S_of_S_decision_REDACTED1__2_.pdf-Mitigating factors may indicate that a prohibition order would not be appropriate or ./Sibthorpe_Dean_-_S_of_S_decision_REDACTED1__2_.pdf-proportionate. ./Sibthorpe_Dean_-_S_of_S_decision_REDACTED1__2_.pdf- ./Sibthorpe_Dean_-_S_of_S_decision_REDACTED1__2_.pdf- ./Sibthorpe_Dean_-_S_of_S_decision_REDACTED1__2_.pdf- 11 ./Sibthorpe_Dean_-_S_of_S_decision_REDACTED1__2_.pdf- -- ./Sibthorpe_Dean_-_S_of_S_decision_REDACTED1__2_.pdf- ./Sibthorpe_Dean_-_S_of_S_decision_REDACTED1__2_.pdf-The panel observed that [REDACTED]. The panel was not provided with any medical ./Sibthorpe_Dean_-_S_of_S_decision_REDACTED1__2_.pdf-evidence in support of his mental state. The panel accepted that Dr Sibthorpe had ./Sibthorpe_Dean_-_S_of_S_decision_REDACTED1__2_.pdf-received counselling from Individual C. It was stated that [REDACTED]. The panel ./Sibthorpe_Dean_-_S_of_S_decision_REDACTED1__2_.pdf-commented that the mitigation relating to mental wellbeing would have been ./Sibthorpe_Dean_-_S_of_S_decision_REDACTED1__2_.pdf-strengthened by supporting evidence such as medical evidence or evidence of Dr ./Sibthorpe_Dean_-_S_of_S_decision_REDACTED1__2_.pdf-Sibthorpe’s performance in school being affected. ./Sibthorpe_Dean_-_S_of_S_decision_REDACTED1__2_.pdf- ./Sibthorpe_Dean_-_S_of_S_decision_REDACTED1__2_.pdf-The panel acknowledged that the WhatsApp messages and conduct were over a short ./Sibthorpe_Dean_-_S_of_S_decision_REDACTED1__2_.pdf-period of time and that some of the contact and context of the exchanges were initiated ./Sibthorpe_Dean_-_S_of_S_decision_REDACTED1__2_.pdf:by Pupil A. On at least one occasion Pupil A made sexualised comments towards Dr ./Sibthorpe_Dean_-_S_of_S_decision_REDACTED1__2_.pdf-Sibthorpe to which he reciprocated. Dr Sibthorpe continued the contact in the same vein ./Sibthorpe_Dean_-_S_of_S_decision_REDACTED1__2_.pdf-rather than bringing an end to the contact or reporting it as would have been expected in ./Sibthorpe_Dean_-_S_of_S_decision_REDACTED1__2_.pdf-his position as an experienced teacher and [REDACTED]. ./Sibthorpe_Dean_-_S_of_S_decision_REDACTED1__2_.pdf- ./Sibthorpe_Dean_-_S_of_S_decision_REDACTED1__2_.pdf-Whilst the conduct of Dr Sibthorpe was a serious breach of trust the panel formed the ./Sibthorpe_Dean_-_S_of_S_decision_REDACTED1__2_.pdf-opinion that his behaviour was towards the lower end on the spectrum of seriousness. ./Sibthorpe_Dean_-_S_of_S_decision_REDACTED1__2_.pdf-The panel reached this conclusion based on the context in which the messages were ./Sibthorpe_Dean_-_S_of_S_decision_REDACTED1__2_.pdf-exchanged: they took place over a relatively short period of time; once discovered the ./Sibthorpe_Dean_-_S_of_S_decision_REDACTED1__2_.pdf-contact stopped; the contact was remote rather than in person; and Pupil A was aged 18 ./Sibthorpe_Dean_-_S_of_S_decision_REDACTED1__2_.pdf-at the time. The panel considered that Dr Sibthorpe had made serious errors of -- ./Sibthorpe_Dean_-_S_of_S_decision_REDACTED1__2_.pdf-The panel was not of the view on the evidence presented that Dr Sibthorpe has any ./Sibthorpe_Dean_-_S_of_S_decision_REDACTED1__2_.pdf:interest in children in a sexual way and in the panel’s opinion he does not pose a risk to ./Sibthorpe_Dean_-_S_of_S_decision_REDACTED1__2_.pdf-children. Dr Sibthorpe, on this occasion, seriously exceeded the professional boundaries ./Sibthorpe_Dean_-_S_of_S_decision_REDACTED1__2_.pdf-and knowingly disregarded statutory guidelines, school policies and good practice. ./Sibthorpe_Dean_-_S_of_S_decision_REDACTED1__2_.pdf- ./Sibthorpe_Dean_-_S_of_S_decision_REDACTED1__2_.pdf-The panel first considered whether it would be proportionate to conclude this case with ./Sibthorpe_Dean_-_S_of_S_decision_REDACTED1__2_.pdf-no recommendation of prohibition, considering whether the publication of the findings ./Sibthorpe_Dean_-_S_of_S_decision_REDACTED1__2_.pdf-made by the panel would be sufficient. ./Sibthorpe_Dean_-_S_of_S_decision_REDACTED1__2_.pdf- ./Sibthorpe_Dean_-_S_of_S_decision_REDACTED1__2_.pdf-The panel was of the view that, applying the standard of the ordinary intelligent citizen, it ./Sibthorpe_Dean_-_S_of_S_decision_REDACTED1__2_.pdf-would not be a proportionate and appropriate response to recommend no prohibition ./Sibthorpe_Dean_-_S_of_S_decision_REDACTED1__2_.pdf-order. Recommending that the publication of adverse findings was sufficient would ./Sibthorpe_Dean_-_S_of_S_decision_REDACTED1__2_.pdf-unacceptably compromise the public interest considerations present in this case, despite ./Sibthorpe_Dean_-_S_of_S_decision_REDACTED1__2_.pdf-the severity of the consequences for Dr Sibthorpe of prohibition. ./Sibthorpe_Dean_-_S_of_S_decision_REDACTED1__2_.pdf- ./Sibthorpe_Dean_-_S_of_S_decision_REDACTED1__2_.pdf-The panel was of the view that prohibition was both proportionate and appropriate. The ./Sibthorpe_Dean_-_S_of_S_decision_REDACTED1__2_.pdf-panel decided that the public interest considerations outweighed the interests of Dr ./Sibthorpe_Dean_-_S_of_S_decision_REDACTED1__2_.pdf:Sibthorpe. The fact that Dr Sibthorpe had engaged in a relationship of a sexual nature ./Sibthorpe_Dean_-_S_of_S_decision_REDACTED1__2_.pdf-was a significant factor in forming that opinion. Accordingly, the panel made a ./Sibthorpe_Dean_-_S_of_S_decision_REDACTED1__2_.pdf-recommendation to the Secretary of State that a prohibition order should be imposed with ./Sibthorpe_Dean_-_S_of_S_decision_REDACTED1__2_.pdf-immediate effect. ./Sibthorpe_Dean_-_S_of_S_decision_REDACTED1__2_.pdf- ./Sibthorpe_Dean_-_S_of_S_decision_REDACTED1__2_.pdf-The panel went on to consider whether or not it would be appropriate to recommend that ./Sibthorpe_Dean_-_S_of_S_decision_REDACTED1__2_.pdf-a review period of the order should be considered. The panel was mindful that the Advice ./Sibthorpe_Dean_-_S_of_S_decision_REDACTED1__2_.pdf-states that a prohibition order applies for life, but there may be circumstances, in any ./Sibthorpe_Dean_-_S_of_S_decision_REDACTED1__2_.pdf-given case, that may make it appropriate to allow a teacher to apply to have the ./Sibthorpe_Dean_-_S_of_S_decision_REDACTED1__2_.pdf-prohibition order reviewed after a specified period of time that may not be less than 2 ./Sibthorpe_Dean_-_S_of_S_decision_REDACTED1__2_.pdf-years. -- ./Sibthorpe_Dean_-_S_of_S_decision_REDACTED1__2_.pdf-considered therefore whether or not prohibiting Dr Sibthorpe, and the impact that will ./Sibthorpe_Dean_-_S_of_S_decision_REDACTED1__2_.pdf-have on him, is proportionate and in the public interest. ./Sibthorpe_Dean_-_S_of_S_decision_REDACTED1__2_.pdf- ./Sibthorpe_Dean_-_S_of_S_decision_REDACTED1__2_.pdf-In this case, I have considered the extent to which a prohibition order would ./Sibthorpe_Dean_-_S_of_S_decision_REDACTED1__2_.pdf-protect children. The panel has observed, “the exchanges via WhatsApp were wholly ./Sibthorpe_Dean_-_S_of_S_decision_REDACTED1__2_.pdf-inappropriate given the role and position of trust that Dr Sibthorpe held as both a teacher ./Sibthorpe_Dean_-_S_of_S_decision_REDACTED1__2_.pdf-and Pupil A’s [REDACTED]. The panel commented that the language used within ./Sibthorpe_Dean_-_S_of_S_decision_REDACTED1__2_.pdf:the messages, was significant of a close sexual connection, whether physically possible ./Sibthorpe_Dean_-_S_of_S_decision_REDACTED1__2_.pdf-or not.” A prohibition order would therefore prevent such a risk from being present in the ./Sibthorpe_Dean_-_S_of_S_decision_REDACTED1__2_.pdf-future. ./Sibthorpe_Dean_-_S_of_S_decision_REDACTED1__2_.pdf- ./Sibthorpe_Dean_-_S_of_S_decision_REDACTED1__2_.pdf-I have also taken into account the panel’s comments on insight and remorse, which ./Sibthorpe_Dean_-_S_of_S_decision_REDACTED1__2_.pdf-the panel sets out as follows, “The panel took into consideration that Dr Sibthorpe had ./Sibthorpe_Dean_-_S_of_S_decision_REDACTED1__2_.pdf-admitted his conduct from the beginning and had expressed remorse, shame and ./Sibthorpe_Dean_-_S_of_S_decision_REDACTED1__2_.pdf-embarrassment for his behaviour. The panel particularly noted that Dr Sibthorpe himself ./Sibthorpe_Dean_-_S_of_S_decision_REDACTED1__2_.pdf-viewed his conduct as serious in that he has indicated that he knows he has let himself ./Sibthorpe_Dean_-_S_of_S_decision_REDACTED1__2_.pdf-down and realised the fact that he may never teach again.” ./Sibthorpe_Dean_-_S_of_S_decision_REDACTED1__2_.pdf- -- ./Sibthorpe_Dean_-_S_of_S_decision_REDACTED1__2_.pdf:that Dr Sibthorpe had engaged in a relationship of a sexual nature was a significant ./Sibthorpe_Dean_-_S_of_S_decision_REDACTED1__2_.pdf-factor in forming that opinion.” ./Sibthorpe_Dean_-_S_of_S_decision_REDACTED1__2_.pdf- ./Sibthorpe_Dean_-_S_of_S_decision_REDACTED1__2_.pdf-I have given less weight in my consideration of sanction therefore, to the contribution that ./Sibthorpe_Dean_-_S_of_S_decision_REDACTED1__2_.pdf-Dr Sibthorpe has made to the profession. In my view, it is necessary to impose a ./Sibthorpe_Dean_-_S_of_S_decision_REDACTED1__2_.pdf-prohibition order in order to maintain public confidence in the profession. ./Sibthorpe_Dean_-_S_of_S_decision_REDACTED1__2_.pdf- ./Sibthorpe_Dean_-_S_of_S_decision_REDACTED1__2_.pdf-For these reasons, I have concluded that a prohibition order is proportionate and in the ./Sibthorpe_Dean_-_S_of_S_decision_REDACTED1__2_.pdf-public interest in order to achieve the intended aims of a prohibition order. ./Sibthorpe_Dean_-_S_of_S_decision_REDACTED1__2_.pdf- ./Sibthorpe_Dean_-_S_of_S_decision_REDACTED1__2_.pdf-I have gone on to consider the matter of a review period. In this case, the panel has -- ./Sibthorpe_Dean_-_S_of_S_decision_REDACTED1__2_.pdf-gain sufficient insight and contrition, such that at a time in the future he may be able to ./Sibthorpe_Dean_-_S_of_S_decision_REDACTED1__2_.pdf-contribute once again to the teaching profession. ./Sibthorpe_Dean_-_S_of_S_decision_REDACTED1__2_.pdf- ./Sibthorpe_Dean_-_S_of_S_decision_REDACTED1__2_.pdf-The panel decided that the findings indicated a situation in which a review period would ./Sibthorpe_Dean_-_S_of_S_decision_REDACTED1__2_.pdf-be appropriate and, as such, decided that it would be proportionate in all the ./Sibthorpe_Dean_-_S_of_S_decision_REDACTED1__2_.pdf-circumstances for the prohibition order to be recommended with provisions for a 3 year ./Sibthorpe_Dean_-_S_of_S_decision_REDACTED1__2_.pdf-review period.” ./Sibthorpe_Dean_-_S_of_S_decision_REDACTED1__2_.pdf- ./Sibthorpe_Dean_-_S_of_S_decision_REDACTED1__2_.pdf-I agree. I have considered whether a 3 year review period reflects the seriousness of the ./Sibthorpe_Dean_-_S_of_S_decision_REDACTED1__2_.pdf-findings and is a proportionate period to achieve the aim of maintaining public confidence ./Sibthorpe_Dean_-_S_of_S_decision_REDACTED1__2_.pdf:in the profession. In this case, the finding of sexual misconduct, albeit that the panel said ./Sibthorpe_Dean_-_S_of_S_decision_REDACTED1__2_.pdf-that it, “ was not of the view on the evidence presented that Dr Sibthorpe has any interest ./Sibthorpe_Dean_-_S_of_S_decision_REDACTED1__2_.pdf:in children in a sexual way and in the panel’s opinion he does not pose a risk to children. ./Sibthorpe_Dean_-_S_of_S_decision_REDACTED1__2_.pdf-Dr Sibthorpe, on this occasion, seriously exceeded the professional boundaries and ./Sibthorpe_Dean_-_S_of_S_decision_REDACTED1__2_.pdf-knowingly disregarded statutory guidelines, school policies and good practice. “ ./Sibthorpe_Dean_-_S_of_S_decision_REDACTED1__2_.pdf- ./Sibthorpe_Dean_-_S_of_S_decision_REDACTED1__2_.pdf- ./Sibthorpe_Dean_-_S_of_S_decision_REDACTED1__2_.pdf-I consider therefore that a 3 year review period is required to satisfy the maintenance. ./Sibthorpe_Dean_-_S_of_S_decision_REDACTED1__2_.pdf- ./Sibthorpe_Dean_-_S_of_S_decision_REDACTED1__2_.pdf-This means that Dr Dean Sibthorpe is prohibited from teaching indefinitely and ./Sibthorpe_Dean_-_S_of_S_decision_REDACTED1__2_.pdf-cannot teach in any school, sixth form college, relevant youth accommodation or ./Sibthorpe_Dean_-_S_of_S_decision_REDACTED1__2_.pdf-children’s home in England. He may apply for the prohibition order to be set aside, but ./Sibthorpe_Dean_-_S_of_S_decision_REDACTED1__2_.pdf-not until 9 July 2024, 3 years from the date of this order at the earliest. This is not an ./Sills_Mark_SoS_Decision.pdf- k. on one or more occasions offered Pupil A lift in his car, to take them to their ./Sills_Mark_SoS_Decision.pdf- piano lesson. ./Sills_Mark_SoS_Decision.pdf- ./Sills_Mark_SoS_Decision.pdf-2. The conduct at 1(a)-1(c) and/or 1(h)-1(k) occurred and/or continued after it was agreed ./Sills_Mark_SoS_Decision.pdf-with Pupil A's parents he would not spend time with Pupil A alone and/or see Pupil A ./Sills_Mark_SoS_Decision.pdf-outside of School. ./Sills_Mark_SoS_Decision.pdf- ./Sills_Mark_SoS_Decision.pdf-3. [REDACTED] ./Sills_Mark_SoS_Decision.pdf- ./Sills_Mark_SoS_Decision.pdf:4. His conduct as alleged at allegation 1 was of a sexual nature and/or was sexually ./Sills_Mark_SoS_Decision.pdf-motivated. ./Sills_Mark_SoS_Decision.pdf- ./Sills_Mark_SoS_Decision.pdf-Mr Sills admitted allegations: 1(a), 1(b), 1(d), 1(e), 1(h)(i), 1(h)(iii), 1(i) and 1(k). ./Sills_Mark_SoS_Decision.pdf- ./Sills_Mark_SoS_Decision.pdf-Allegation 1(f) was admitted in so far as entering Pupil A bedroom (but not locking it). ./Sills_Mark_SoS_Decision.pdf-Allegation 2 was admitted in so far as it applied to allegations 1(a) to 1(c) after agreeing ./Sills_Mark_SoS_Decision.pdf-not to see Pupil A out of school, but not to 1(h) to 1(k) which were denied. ./Sills_Mark_SoS_Decision.pdf- ./Sills_Mark_SoS_Decision.pdf-Allegations: 1(c), 1(g), 1(j), 3 and 4 were denied. ./Sills_Mark_SoS_Decision.pdf- -- ./Sills_Mark_SoS_Decision.pdf-The panel was mindful that the sole evidence of this allegation came from Pupil B's ./Sills_Mark_SoS_Decision.pdf-account. The panel did not consider Pupil B to be anything other than an honest witness ./Sills_Mark_SoS_Decision.pdf-trying to assist the panel with events that happened a significant time ago. However, the ./Sills_Mark_SoS_Decision.pdf-panel noted inconsistency in Pupil B's evidence, specifically their reference to Mr Sills ./Sills_Mark_SoS_Decision.pdf-talking about his children, when he did not have any at that point. This suggested that ./Sills_Mark_SoS_Decision.pdf-Pupils B's recall may have been affected by the passage of time. In the absence of any ./Sills_Mark_SoS_Decision.pdf-corroborating evidence regarding this event, the panel considered there was insufficient ./Sills_Mark_SoS_Decision.pdf-evidence before it to be satisfied that it was more likely than not to have happened. It ./Sills_Mark_SoS_Decision.pdf-therefore found the allegation not proved. ./Sills_Mark_SoS_Decision.pdf- ./Sills_Mark_SoS_Decision.pdf:4. His conduct as alleged at allegation 1 was of a sexual nature and/or was sexually ./Sills_Mark_SoS_Decision.pdf-motivated. ./Sills_Mark_SoS_Decision.pdf- ./Sills_Mark_SoS_Decision.pdf:In Pupil A's evidence, when directly asked if Mr Sills had sexually abused them, they ./Sills_Mark_SoS_Decision.pdf-replied that they had no knowledge or recollection of this and that none of their ./Sills_Mark_SoS_Decision.pdf:conversations with Mr Sills were of sexual nature. ./Sills_Mark_SoS_Decision.pdf- ./Sills_Mark_SoS_Decision.pdf-When Pupil A's mother gave evidence on this topic, she framed Mr Sills behaviour as a ./Sills_Mark_SoS_Decision.pdf-more 'controlling and coercive' nature. She described Mr Sills' behaviour as being odd, ./Sills_Mark_SoS_Decision.pdf- ./Sills_Mark_SoS_Decision.pdf- 17 ./Sills_Mark_SoS_Decision.pdf- -- ./Sills_Mark_SoS_Decision.pdf-the situation as being awkward and unsustainable and internally questioned why the ./Sills_Mark_SoS_Decision.pdf-visits continued. Pupil A's mother acknowledged however there had been no suggestion ./Sills_Mark_SoS_Decision.pdf:of any sexual abuse. ./Sills_Mark_SoS_Decision.pdf- ./Sills_Mark_SoS_Decision.pdf-The panel have sought to understand what motivation lay behind Mr Sills' conduct ./Sills_Mark_SoS_Decision.pdf-towards Pupil A during the academic year of 1995/6. Mr Sills expressed that he himself ./Sills_Mark_SoS_Decision.pdf-had attempted to grapple with it in the years following the police investigation. During the ./Sills_Mark_SoS_Decision.pdf-case, Mr Sills said after reflecting on the documentary and live evidence over the course ./Sills_Mark_SoS_Decision.pdf-of the hearing, he realised in retrospect that it was the beginning and awakening of his ./Sills_Mark_SoS_Decision.pdf-paternal desires, which was alluded to in his letter to Pupil A's parents. ./Sills_Mark_SoS_Decision.pdf- ./Sills_Mark_SoS_Decision.pdf:Mr Sills accepts that his actions were inappropriate, but they were not of a sexual nature ./Sills_Mark_SoS_Decision.pdf:nor sexually motivated. ./Sills_Mark_SoS_Decision.pdf- ./Sills_Mark_SoS_Decision.pdf-The panel considered that any proven elements at allegation 1 did not demonstrate any ./Sills_Mark_SoS_Decision.pdf:obvious sexual motivation or were of a sexual nature. Whilst the panel was satisfied that ./Sills_Mark_SoS_Decision.pdf-Mr Sills' conduct was wholly inappropriate, it considered there was insufficient evidence ./Sills_Mark_SoS_Decision.pdf:to show it was more likely than not that his conduct was of a sexual nature or was ./Sills_Mark_SoS_Decision.pdf:sexually motivated. Therefore, the panel found this allegation not proved. ./Sills_Mark_SoS_Decision.pdf- ./Sills_Mark_SoS_Decision.pdf-Findings as to unacceptable professional conduct and/or conduct that ./Sills_Mark_SoS_Decision.pdf-may bring the profession into disrepute ./Sills_Mark_SoS_Decision.pdf- ./Sills_Mark_SoS_Decision.pdf-Having found a number of the allegations proved, the panel went on to consider whether ./Sills_Mark_SoS_Decision.pdf-the facts of those proved allegations amounted to unacceptable professional conduct ./Sills_Mark_SoS_Decision.pdf-and/or conduct that may bring the profession into disrepute. ./Sills_Mark_SoS_Decision.pdf- ./Sills_Mark_SoS_Decision.pdf-In doing so, the panel had regard to the document Teacher Misconduct: The Prohibition ./Sills_Mark_SoS_Decision.pdf-of Teachers, which is referred to as “the Advice”. ./Simon_Growcott_-_web_decision_.pdf- ./Simon_Growcott_-_web_decision_.pdf-d. ./Simon_Growcott_-_web_decision_.pdf- ./Simon_Growcott_-_web_decision_.pdf- i. Touching Person D's hair; ./Simon_Growcott_-_web_decision_.pdf- ./Simon_Growcott_-_web_decision_.pdf- ii. Placing his hands on Person D's shoulders. ./Simon_Growcott_-_web_decision_.pdf- ./Simon_Growcott_-_web_decision_.pdf-e. Placing his arm around Person F's waist. ./Simon_Growcott_-_web_decision_.pdf- ./Simon_Growcott_-_web_decision_.pdf-2. His behaviour towards one or more of his female colleagues, as referred to in 1 ./Simon_Growcott_-_web_decision_.pdf: above, constituted sexual harassment. ./Simon_Growcott_-_web_decision_.pdf- ./Simon_Growcott_-_web_decision_.pdf-Mr Growcott admitted the facts of the allegation and that they amount to unacceptable ./Simon_Growcott_-_web_decision_.pdf-professional conduct. ./Simon_Growcott_-_web_decision_.pdf- ./Simon_Growcott_-_web_decision_.pdf- ./Simon_Growcott_-_web_decision_.pdf-C. Preliminary applications ./Simon_Growcott_-_web_decision_.pdf-Application for part of the hearing to be in private ./Simon_Growcott_-_web_decision_.pdf- ./Simon_Growcott_-_web_decision_.pdf-Mr Faux made an application for part of the hearing to be in private. [Redacted]. Mr Faux ./Simon_Growcott_-_web_decision_.pdf-submitted that evidence about Mr Growcott's health, including the diagnosis made in -- ./Simon_Growcott_-_web_decision_.pdf- ./Simon_Growcott_-_web_decision_.pdf-The panel has carefully considered the case and reached a decision. ./Simon_Growcott_-_web_decision_.pdf- ./Simon_Growcott_-_web_decision_.pdf-The panel confirms that it has read all the documents provided in the bundle in advance of ./Simon_Growcott_-_web_decision_.pdf-the hearing, including the additional statements and documents admitted today. ./Simon_Growcott_-_web_decision_.pdf- ./Simon_Growcott_-_web_decision_.pdf-Mr Simon Growcott was employed by the Saint Benedict Catholic Voluntary Academy ("the ./Simon_Growcott_-_web_decision_.pdf-school") as an Assistant Headteacher from 2009. From 1 September 2014, he was Deputy ./Simon_Growcott_-_web_decision_.pdf-Headteacher. ./Simon_Growcott_-_web_decision_.pdf- ./Simon_Growcott_-_web_decision_.pdf:In October 2015, an allegation of sexual harassment was made by Person A against Mr ./Simon_Growcott_-_web_decision_.pdf-Growcott. Mr Growcott was suspended and an investigation commenced. The remit of the ./Simon_Growcott_-_web_decision_.pdf-investigation included concerns that had been raised by Person B earlier in the year. During ./Simon_Growcott_-_web_decision_.pdf-the course of the investigation, further allegations came to light relating to Persons A, B, ./Simon_Growcott_-_web_decision_.pdf-C, D and F. ./Simon_Growcott_-_web_decision_.pdf- ./Simon_Growcott_-_web_decision_.pdf-Person’s A, D and F were teachers at the school. Person B was employed by an external ./Simon_Growcott_-_web_decision_.pdf-organisation as a member of the support staff and was often based at the school. Person ./Simon_Growcott_-_web_decision_.pdf-C was employed at the school in an administrative capacity. ./Simon_Growcott_-_web_decision_.pdf- ./Simon_Growcott_-_web_decision_.pdf-A disciplinary hearing was called, but Mr Growcott resigned prior to the hearing. The matter -- ./Simon_Growcott_-_web_decision_.pdf- ix. Making inappropriate comments towards Person A in relation to her ./Simon_Growcott_-_web_decision_.pdf- social life; ./Simon_Growcott_-_web_decision_.pdf- ./Simon_Growcott_-_web_decision_.pdf-On one occasion, when shortlisting for a position, Person A and Mr Growcott were in an ./Simon_Growcott_-_web_decision_.pdf-office. Mr Growcott admits that that he asked what Person A was doing that evening and, ./Simon_Growcott_-_web_decision_.pdf:when she replied that she had a date, he made sexually related comments about her social ./Simon_Growcott_-_web_decision_.pdf-life that were inappropriate. ./Simon_Growcott_-_web_decision_.pdf- ./Simon_Growcott_-_web_decision_.pdf- x. Telling Person A "don't make me look at your bust", or words to that ./Simon_Growcott_-_web_decision_.pdf- effect; ./Simon_Growcott_-_web_decision_.pdf- ./Simon_Growcott_-_web_decision_.pdf-In October 2014, during a presentation evening, Mr Growcott admits that he commented ./Simon_Growcott_-_web_decision_.pdf-that Person A was not wearing yellow (her house colour). Person A pointed to the yellow ./Simon_Growcott_-_web_decision_.pdf-flowers of her dress, some of which were in her bust area. Mr Growcott admits that he ./Simon_Growcott_-_web_decision_.pdf-made comments to Person A to the effect of "don’t make me look at your bust". ./Simon_Growcott_-_web_decision_.pdf- -- ./Simon_Growcott_-_web_decision_.pdf-Person F states that Mr Growcott was in the habit of having his arms around her when ./Simon_Growcott_-_web_decision_.pdf-speaking to her. As Person F was taller than Mr Growcott, she states that his arms would ./Simon_Growcott_-_web_decision_.pdf-be around her waist or resting on her waist from the back. Person F states that this ./Simon_Growcott_-_web_decision_.pdf-happened on a couple of different occasions at different places, including in classrooms ./Simon_Growcott_-_web_decision_.pdf-after House meetings. Mr Growcott admits to placing his arms around Person F's waist. ./Simon_Growcott_-_web_decision_.pdf- ./Simon_Growcott_-_web_decision_.pdf-The panel finds the facts proved in relation to 1.a..i. to ..xi.,.b..i. to ..vi.,.c..i). and ..ii.,.d..i. ./Simon_Growcott_-_web_decision_.pdf-and ..ii. and .e. ./Simon_Growcott_-_web_decision_.pdf- ./Simon_Growcott_-_web_decision_.pdf-2. Your behaviour towards one or more of your female colleagues, as referred ./Simon_Growcott_-_web_decision_.pdf: to in 1 above, constituted sexual harassment. ./Simon_Growcott_-_web_decision_.pdf- ./Simon_Growcott_-_web_decision_.pdf-The panel accepts that the National College is not alleging that Mr Growcott's actions were ./Simon_Growcott_-_web_decision_.pdf:sexually motivated. However, the victims perceived and Mr Growcott accepts that his ./Simon_Growcott_-_web_decision_.pdf:actions described above amount to sexual harassment. He accepts that his actions were ./Simon_Growcott_-_web_decision_.pdf:a course of conduct of unwanted behaviour of a sexual nature, which the reasonable man ./Simon_Growcott_-_web_decision_.pdf-would, or ought to have known, amounted to harassment and could be expected to cause ./Simon_Growcott_-_web_decision_.pdf-distress. ./Simon_Growcott_-_web_decision_.pdf- ./Simon_Growcott_-_web_decision_.pdf-The panel finds 2 proved. ./Simon_Growcott_-_web_decision_.pdf- ./Simon_Growcott_-_web_decision_.pdf- 10 ./Simon_Growcott_-_web_decision_.pdf- -- ./Simon_Growcott_-_web_decision_.pdf-In carrying out the balancing exercise, the panel has considered the public interest ./Simon_Growcott_-_web_decision_.pdf-considerations both in favour of and against prohibition as well as the interests of Mr ./Simon_Growcott_-_web_decision_.pdf-Growcott. The panel took further account of the Advice, which suggests that a prohibition ./Simon_Growcott_-_web_decision_.pdf-order may be appropriate if certain behaviours of a teacher have been proven. In the list ./Simon_Growcott_-_web_decision_.pdf-of such behaviours, those that are relevant in this case are: ./Simon_Growcott_-_web_decision_.pdf- ./Simon_Growcott_-_web_decision_.pdf-  serious departure from the personal and professional conduct elements of the ./Simon_Growcott_-_web_decision_.pdf- Teachers’ Standards; ./Simon_Growcott_-_web_decision_.pdf-  abuse of position; ./Simon_Growcott_-_web_decision_.pdf-The panel recognised the impact on Persons A, B, C, D and F from Mr Growcott's uninvited ./Simon_Growcott_-_web_decision_.pdf:attention when he was in the role of Deputy Headteacher and that it constituted sexual ./Simon_Growcott_-_web_decision_.pdf- ./Simon_Growcott_-_web_decision_.pdf- ./Simon_Growcott_-_web_decision_.pdf- ./Simon_Growcott_-_web_decision_.pdf- 12 ./Simon_Growcott_-_web_decision_.pdf- -- ./Simon_Growcott_-_web_decision_.pdf:harassment. However, the National College has not alleged that the conduct was sexually ./Simon_Growcott_-_web_decision_.pdf-motivated. ./Simon_Growcott_-_web_decision_.pdf- ./Simon_Growcott_-_web_decision_.pdf-Even though there were behaviours that would point to a prohibition order being ./Simon_Growcott_-_web_decision_.pdf-appropriate, the panel went on to consider whether or not there were sufficient mitigating ./Simon_Growcott_-_web_decision_.pdf-factors to militate against a prohibition order being an appropriate and proportionate ./Simon_Growcott_-_web_decision_.pdf-measure to impose, particularly taking into account the nature of the behaviour in this case. ./Simon_Growcott_-_web_decision_.pdf- ./Simon_Growcott_-_web_decision_.pdf-Mr Growcott had a previously good history. The panel has been provided with a number of ./Simon_Growcott_-_web_decision_.pdf-very positive character references and testimonials from colleagues, parents, and pupils. ./Simon_Growcott_-_web_decision_.pdf- ./Slater_Final_Decision.pdf-Allegations ./Slater_Final_Decision.pdf-The panel considered the allegations set out in the notice of hearing dated 3 May 2022. ./Slater_Final_Decision.pdf- ./Slater_Final_Decision.pdf-It was alleged that Mr Slater was guilty of having been convicted, at any time, of a ./Slater_Final_Decision.pdf-relevant offence, in that: ./Slater_Final_Decision.pdf- ./Slater_Final_Decision.pdf-1. He was convicted on his guilty pleas and sentenced to a term of five years and three ./Slater_Final_Decision.pdf- months imprisonment in respect of the following offences: ./Slater_Final_Decision.pdf- ./Slater_Final_Decision.pdf: a) five counts of sexual activity with a child; ./Slater_Final_Decision.pdf- ./Slater_Final_Decision.pdf- b) three counts of making indecent images of a child; ./Slater_Final_Decision.pdf- ./Slater_Final_Decision.pdf: c) engaging in sexual communication with a child; ./Slater_Final_Decision.pdf- ./Slater_Final_Decision.pdf: d) inciting a child to watch sexual activity; and ./Slater_Final_Decision.pdf- ./Slater_Final_Decision.pdf: e) inciting a child to engage in sexual activity. ./Slater_Final_Decision.pdf- ./Slater_Final_Decision.pdf-Mr Slater admitted to the facts of allegation 1(a)-(e) in his response to the notice of ./Slater_Final_Decision.pdf-hearing dated 20 August 2022 and in a letter to the TRA dated 20 August 2022. Further, ./Slater_Final_Decision.pdf-Mr Slater admitted that those facts amounted to a conviction of a relevant offence. ./Slater_Final_Decision.pdf- ./Slater_Final_Decision.pdf- ./Slater_Final_Decision.pdf-Preliminary applications ./Slater_Final_Decision.pdf-Application to proceed in the absence of the teacher ./Slater_Final_Decision.pdf- ./Slater_Final_Decision.pdf-Mr Slater was not present at the hearing nor was he represented. The presenting officer -- ./Slater_Final_Decision.pdf-Decision and reasons ./Slater_Final_Decision.pdf-The panel announced its decision and reasons as follows: ./Slater_Final_Decision.pdf- ./Slater_Final_Decision.pdf-The panel carefully considered the case before it and reached a decision. ./Slater_Final_Decision.pdf- ./Slater_Final_Decision.pdf-Mr Slater commenced employment as an ICT teacher at Byrchall High School (‘the ./Slater_Final_Decision.pdf-School’) on 1 September 2003. ./Slater_Final_Decision.pdf- ./Slater_Final_Decision.pdf-On 31 October 2019, the Sexual Crime Unit executed a warrant at an address in Wigan. ./Slater_Final_Decision.pdf-A mobile phone was seized from a 15 year old boy. The phone was later examined and ./Slater_Final_Decision.pdf:WhatsApp messages were recovered that were sexual in nature, contained sexual ./Slater_Final_Decision.pdf:images and suggested that Mr Slater and the boy had engaged in sexual contact. ./Slater_Final_Decision.pdf- ./Slater_Final_Decision.pdf- ./Slater_Final_Decision.pdf- ./Slater_Final_Decision.pdf- ./Slater_Final_Decision.pdf- 5 ./Slater_Final_Decision.pdf- -- ./Slater_Final_Decision.pdf:On 28 May 2020, the boy disclosed that he had sexual intercourse with Mr Slater. The ./Slater_Final_Decision.pdf-boy stated that Mr Slater was aware of his age. He explained that he met Mr Slater on an ./Slater_Final_Decision.pdf-adult dating application, Grinder, and had initially told Mr Slater that he was 16 years old, ./Slater_Final_Decision.pdf-however he later admitted to Mr Slater that he was, in fact, 15 years old. Notwithstanding ./Slater_Final_Decision.pdf-this, the boy and Mr Slater met on at least 6 occasions. ./Slater_Final_Decision.pdf- ./Slater_Final_Decision.pdf-Mr Slater was arrested on 28 May 2020 and was later charged. He was sentenced at ./Slater_Final_Decision.pdf:Bolton Crown Court on 23 April 2021, in respect of multiple offences involving: sexual ./Slater_Final_Decision.pdf:activity with a child, sexual communication with a child, making/possessing indecent ./Slater_Final_Decision.pdf:images of a child, inciting a child to watch sexual activity and inciting a child to engage in ./Slater_Final_Decision.pdf:sexual activity. ./Slater_Final_Decision.pdf- ./Slater_Final_Decision.pdf-Findings of fact ./Slater_Final_Decision.pdf- ./Slater_Final_Decision.pdf-The findings of fact are as follows: ./Slater_Final_Decision.pdf- ./Slater_Final_Decision.pdf-The panel found the following particulars of the allegations against you proved: ./Slater_Final_Decision.pdf- ./Slater_Final_Decision.pdf-1. You were convicted on your guilty pleas and sentenced to a term of five years ./Slater_Final_Decision.pdf- and three months imprisonment in respect of the following offences: ./Slater_Final_Decision.pdf- ./Slater_Final_Decision.pdf: a) five counts of sexual activity with a child; ./Slater_Final_Decision.pdf- ./Slater_Final_Decision.pdf- b) three counts of making indecent images of a child; ./Slater_Final_Decision.pdf- ./Slater_Final_Decision.pdf: c) engaging in sexual communication with a child; ./Slater_Final_Decision.pdf- ./Slater_Final_Decision.pdf: d) inciting a child to watch sexual activity; and ./Slater_Final_Decision.pdf- ./Slater_Final_Decision.pdf: e) inciting a child to engage in sexual activity. ./Slater_Final_Decision.pdf- ./Slater_Final_Decision.pdf-The reasons for these findings are set out below. ./Slater_Final_Decision.pdf- ./Slater_Final_Decision.pdf-The panel noted that, within the response to the notice of hearing signed by Mr Slater on ./Slater_Final_Decision.pdf-20 August 2022 and in a letter to the TRA dated 20 August 2022, Mr Slater admitted to the ./Slater_Final_Decision.pdf-facts of allegations 1(a)-(e). Further, Mr Slater admitted that those admitted facts amounted ./Slater_Final_Decision.pdf-to a conviction of a relevant offence. Notwithstanding this, the panel made a determination ./Slater_Final_Decision.pdf-based on the evidence available to it. ./Slater_Final_Decision.pdf- ./Slater_Final_Decision.pdf-The panel noted page 8 of the Advice which states that where there has been a -- ./Slater_Final_Decision.pdf-The panel had been provided with a copy of the certificate of conviction from Bolton ./Slater_Final_Decision.pdf:Crown Court, which detailed that Mr Slater had been convicted of five counts of sexual ./Slater_Final_Decision.pdf-activity with a child, three counts of making indecent images of a child, engaging in ./Slater_Final_Decision.pdf:sexual communication with a child, inciting a child to watch sexual activity and inciting a ./Slater_Final_Decision.pdf:child to engage in sexual activity. The panel specifically noted the certificate of conviction ./Slater_Final_Decision.pdf-stated that Mr Slater had been convicted upon his own confession. ./Slater_Final_Decision.pdf- ./Slater_Final_Decision.pdf-In respect of the allegations, Mr Slater was sentenced at Bolton Crown Court on 23 April ./Slater_Final_Decision.pdf-2021 to 63 months imprisonment to run concurrently. In addition, he was placed on the ./Slater_Final_Decision.pdf-Sex Offenders Register and made subject to a forfeiture order. ./Slater_Final_Decision.pdf- ./Slater_Final_Decision.pdf-The panel found all of the allegations proven. ./Slater_Final_Decision.pdf- ./Slater_Final_Decision.pdf-Findings as to conviction of a relevant offence ./Slater_Final_Decision.pdf- -- ./Slater_Final_Decision.pdf-The panel also took account of the way the teaching profession is viewed by others. The ./Slater_Final_Decision.pdf-panel considered that Mr Slater’s behaviour in committing the offence would affect public ./Slater_Final_Decision.pdf-confidence in the teaching profession, given the influence that teachers have on pupils, ./Slater_Final_Decision.pdf-parents and others in the community and given the gravity of Mr Slater’s conviction. ./Slater_Final_Decision.pdf- ./Slater_Final_Decision.pdf-The panel noted that Mr Slater’s behaviour ultimately led to a term of imprisonment, ./Slater_Final_Decision.pdf-which is indicative of the seriousness of the offences committed. The Advice states: “it is ./Slater_Final_Decision.pdf-likely that a conviction for any offence that led to a term of imprisonment, including any ./Slater_Final_Decision.pdf-suspended sentence, will be considered “a relevant offence.”” ./Slater_Final_Decision.pdf- ./Slater_Final_Decision.pdf:The offences Mr Slater was convicted of involved: sexual activity with a child; sexual ./Slater_Final_Decision.pdf-communication with a child; and making indecent images of a child. The Advice states ./Slater_Final_Decision.pdf-that offences relating to these matters are likely to be considered “relevant offences”. ./Slater_Final_Decision.pdf- ./Slater_Final_Decision.pdf-The panel concluded that the offences Mr Slater had been convicted of were relevant to ./Slater_Final_Decision.pdf-his fitness to be a teacher and therefore constituted relevant offences. The panel ./Slater_Final_Decision.pdf-considered that a finding that these convictions were for relevant offences was necessary ./Slater_Final_Decision.pdf-to reaffirm clear standards of conduct so as to maintain public confidence in the teaching ./Slater_Final_Decision.pdf-profession and to safeguard children. ./Slater_Final_Decision.pdf- ./Slater_Final_Decision.pdf- -- ./Slater_Final_Decision.pdf- • the commission of a serious criminal offence, including those that resulted in a ./Slater_Final_Decision.pdf- conviction or caution, paying particular attention to offences that are ‘relevant ./Slater_Final_Decision.pdf- matters’ for the purposes of The Police Act 1997 and criminal record disclosures; ./Slater_Final_Decision.pdf- ./Slater_Final_Decision.pdf- • misconduct seriously affecting the education and/or well-being of pupils, and ./Slater_Final_Decision.pdf- particularly where there is a continuing risk; ./Slater_Final_Decision.pdf- ./Slater_Final_Decision.pdf- • abuse of position or trust (particularly involving pupils); ./Slater_Final_Decision.pdf- ./Slater_Final_Decision.pdf- • any abuse of any trust, knowledge or influence grained through their professional ./Slater_Final_Decision.pdf: position in order to advance a romantic or sexual relationship with a pupil or former ./Slater_Final_Decision.pdf- pupil; ./Slater_Final_Decision.pdf- ./Slater_Final_Decision.pdf: • sexual misconduct, for example, involving actions that were sexually motivated or ./Slater_Final_Decision.pdf: of a sexual nature and/or that use or exploit the trust, knowledge or influence ./Slater_Final_Decision.pdf- derived from the individual’s professional position; ./Slater_Final_Decision.pdf- ./Slater_Final_Decision.pdf- • any activity involving viewing, taking, making, possessing, distributing or ./Slater_Final_Decision.pdf- publishing any indecent photograph or image or pseudo photograph or image of a ./Slater_Final_Decision.pdf- child, or permitting such activity, including one-off incidents; ./Slater_Final_Decision.pdf- ./Slater_Final_Decision.pdf- • failure to act on evidence that indicated a child’s welfare may have been at risk ./Slater_Final_Decision.pdf- e.g. failed to notify the designated safeguarding lead and/or make a referral to ./Slater_Final_Decision.pdf- children’s social care, the police or other relevant agencies when abuse, neglect ./Slater_Final_Decision.pdf- and/or harmful cultural practices were identified; -- ./Slater_Final_Decision.pdf-reference he made in respect of the impact on his victim and others, it did not consider ./Slater_Final_Decision.pdf-them to be compelling. In particular, the panel considered that Mr Slater demonstrated a ./Slater_Final_Decision.pdf-concerning lack of insight and remorse. He did not appear to appreciate the gravity of his ./Slater_Final_Decision.pdf-conduct; he had exploited his position of trust, engaged in grooming behaviour and ./Slater_Final_Decision.pdf-committed serious offences against a child. There was little evidence that Mr Slater had ./Slater_Final_Decision.pdf-taken steps to address his offending behaviour. For this reason, the panel considered ./Slater_Final_Decision.pdf-there was no strong evidence that it would not be repeated. ./Slater_Final_Decision.pdf- ./Slater_Final_Decision.pdf-The panel was particularly concerned that, upon learning that the boy in question was 15, ./Slater_Final_Decision.pdf-Mr Slater did not cease communications with the child or take any steps to seek to ./Slater_Final_Decision.pdf:safeguard the child. Instead, he continued to pursue sexual contact and sexual ./Slater_Final_Decision.pdf-conversations with him for his own gratification. The panel also noted references to Mr ./Slater_Final_Decision.pdf:Slater’s sexual preferences in the bundle; the sentencing remarks state: [redacted] and ./Slater_Final_Decision.pdf-minutes of a LADO meeting state: [redacted]. This caused the panel concern given that ./Slater_Final_Decision.pdf-pupils in education settings fall within these age ranges. ./Slater_Final_Decision.pdf- ./Slater_Final_Decision.pdf- ./Slater_Final_Decision.pdf- 10 ./Slater_Final_Decision.pdf- -- ./Slater_Final_Decision.pdf- ./Slater_Final_Decision.pdf-The panel went on to consider whether or not it would be appropriate for it to decide to ./Slater_Final_Decision.pdf-recommend a review period of the order. The panel was mindful that the Advice states ./Slater_Final_Decision.pdf-that a prohibition order applies for life, but there may be circumstances, in any given ./Slater_Final_Decision.pdf-case, that may make it appropriate to allow a teacher to apply to have the prohibition ./Slater_Final_Decision.pdf-order reviewed after a specified period of time that may not be less than 2 years. ./Slater_Final_Decision.pdf- ./Slater_Final_Decision.pdf-The panel considered paragraph 50 of the Advice which indicates that, where a case ./Slater_Final_Decision.pdf-involves behaviours set out in that paragraph, it is likely that the public interest will have ./Slater_Final_Decision.pdf-greater relevance and weigh in favour of not offering a review period. The panel found ./Slater_Final_Decision.pdf:the following were relevant in this case: serious sexual misconduct, such as where the ./Slater_Final_Decision.pdf:act was sexually motivated and resulted in, or had the potential to result in, harm to a ./Slater_Final_Decision.pdf-person or persons, particularly where the individual has used his professional position to ./Slater_Final_Decision.pdf:influence or exploit a person or persons; any sexual misconduct involving a child; and ./Slater_Final_Decision.pdf-any activity involving viewing, taking, making, possessing, distributing or publishing any ./Slater_Final_Decision.pdf-indecent photograph or image or indecent pseudo photograph or image of a child. ./Slater_Final_Decision.pdf- ./Slater_Final_Decision.pdf-As set out above, the panel found that Mr Slater’s conduct was at the most serious end of ./Slater_Final_Decision.pdf-the spectrum. The evidence contained within the bundle relating to Mr Slater’s conduct ./Slater_Final_Decision.pdf-was disturbing and caused the panel significant concern. Furthermore, for the reasons ./Slater_Final_Decision.pdf-referred to above, the panel did not consider that Mr Slater had demonstrated significant ./Slater_Final_Decision.pdf- ./Slater_Final_Decision.pdf- ./Slater_Final_Decision.pdf- -- ./Slater_Final_Decision.pdf- frameworks which set out their professional duties and responsibilities. ./Slater_Final_Decision.pdf- ./Slater_Final_Decision.pdf-The panel was satisfied that the conduct of Mr Slater, involved breaches of the ./Slater_Final_Decision.pdf-responsibilities and duties set out in statutory guidance Keeping children safe in ./Slater_Final_Decision.pdf-education (KCSIE). ./Slater_Final_Decision.pdf- ./Slater_Final_Decision.pdf-The panel finds that the conduct of Mr Slater fell significantly short of the standards ./Slater_Final_Decision.pdf-expected of the profession. ./Slater_Final_Decision.pdf- ./Slater_Final_Decision.pdf-The findings of misconduct are particularly serious as they include a finding of a relevant ./Slater_Final_Decision.pdf:conviction of sexual activity with a child, making indecent images of a child, sexual ./Slater_Final_Decision.pdf- ./Slater_Final_Decision.pdf- ./Slater_Final_Decision.pdf- ./Slater_Final_Decision.pdf- 12 ./Slater_Final_Decision.pdf- -- ./Slater_Final_Decision.pdf:communication with a child, inciting a child to watch sexual activity and inciting a child to ./Slater_Final_Decision.pdf:engage in sexual activity. ./Slater_Final_Decision.pdf- ./Slater_Final_Decision.pdf-I have to determine whether the imposition of a prohibition order is proportionate and in ./Slater_Final_Decision.pdf-the public interest. In considering that for this case, I have considered the overall aim of a ./Slater_Final_Decision.pdf-prohibition order which is to protect pupils and to maintain public confidence in the ./Slater_Final_Decision.pdf-profession. I have considered the extent to which a prohibition order in this case would ./Slater_Final_Decision.pdf-achieve that aim taking into account the impact that it will have on the individual teacher. ./Slater_Final_Decision.pdf-I have also asked myself, whether a less intrusive measure, such as the published ./Slater_Final_Decision.pdf-finding of unacceptable professional conduct and conduct that may bring the profession ./Slater_Final_Decision.pdf-into disrepute, would itself be sufficient to achieve the overall aim. I have to consider ./Slater_Final_Decision.pdf-whether the consequences of such a publication are themselves sufficient. I have -- ./Slater_Final_Decision.pdf-others, it did not consider them to be compelling. In particular, the panel considered that ./Slater_Final_Decision.pdf-Mr Slater demonstrated a concerning lack of insight and remorse.” In my judgement, the ./Slater_Final_Decision.pdf-lack of full insight or remorse means that there is some risk of the repetition of this ./Slater_Final_Decision.pdf-behaviour and this puts at risk the future wellbeing of pupils’. I have therefore given this ./Slater_Final_Decision.pdf-element considerable weight in reaching my decision. ./Slater_Final_Decision.pdf- ./Slater_Final_Decision.pdf-I have gone on to consider the extent to which a prohibition order would maintain public ./Slater_Final_Decision.pdf-confidence in the profession. The panel observe, “Mr Slater’s behaviour in committing the ./Slater_Final_Decision.pdf-offence would affect public confidence in the teaching profession, given the influence that ./Slater_Final_Decision.pdf-teachers have on pupils, parents and others in the community and given the gravity of Mr ./Slater_Final_Decision.pdf:Slater’s conviction.” I am particularly mindful of the finding of sexual offences involving ./Slater_Final_Decision.pdf-children in this case and the impact that such a finding has on the reputation of the ./Slater_Final_Decision.pdf-profession. ./Slater_Final_Decision.pdf- ./Slater_Final_Decision.pdf-I have had to consider that the public has a high expectation of professional standards of ./Slater_Final_Decision.pdf-all teachers and that the public might regard a failure to impose a prohibition order as a ./Slater_Final_Decision.pdf-failure to uphold those high standards. In weighing these considerations, I have had to ./Slater_Final_Decision.pdf-consider the matter from the point of view of an “ordinary intelligent and well-informed ./Slater_Final_Decision.pdf-citizen.” ./Slater_Final_Decision.pdf- ./Slater_Final_Decision.pdf- -- ./Slater_Final_Decision.pdf-In this case, I have placed considerable weight on the panel’s comments concerning the ./Slater_Final_Decision.pdf-lack of insight or remorse. The panel has said, “He did not appear to appreciate the ./Slater_Final_Decision.pdf-gravity of his conduct; he had exploited his position of trust, engaged in grooming ./Slater_Final_Decision.pdf-behaviour and committed serious offences against a child. There was little evidence that ./Slater_Final_Decision.pdf-Mr Slater had taken steps to address his offending behaviour. For this reason, the panel ./Slater_Final_Decision.pdf-considered there was no strong evidence that it would not be repeated.” ./Slater_Final_Decision.pdf- ./Slater_Final_Decision.pdf-I have also placed considerable weight on the finding that “The panel was particularly ./Slater_Final_Decision.pdf-concerned that, upon learning that the boy in question was 15, Mr Slater did not cease ./Slater_Final_Decision.pdf-communications with the child or take any steps to seek to safeguard the child. Instead, ./Slater_Final_Decision.pdf:he continued to pursue sexual contact and sexual conversations with him for his own ./Slater_Final_Decision.pdf-gratification.” ./Slater_Final_Decision.pdf- ./Slater_Final_Decision.pdf-I have given less weight in my consideration of sanction therefore, to the contribution that ./Slater_Final_Decision.pdf-Mr Slater has made to the profession. In my view, it is necessary to impose a prohibition ./Slater_Final_Decision.pdf-order in order to maintain public confidence in the profession. A published decision, in ./Slater_Final_Decision.pdf-light of the circumstances in this case, that is not backed up by full remorse or insight, ./Slater_Final_Decision.pdf-does not in my view satisfy the public interest requirement concerning public confidence ./Slater_Final_Decision.pdf-in the profession. ./Slater_Final_Decision.pdf- ./Slater_Final_Decision.pdf:The published Advice is clear when considering cases involving sexual misconduct with ./Slater_Final_Decision.pdf:children, Mr Slater was convicted of numerous sexual offences which led to a term of ./Slater_Final_Decision.pdf-imprisonment, and indicative of the seriousness of those offences. ./Slater_Final_Decision.pdf- ./Slater_Final_Decision.pdf-For these reasons, I have concluded that a prohibition order is proportionate and in the ./Slater_Final_Decision.pdf-public interest in order to achieve the intended aims of a prohibition order. ./Slater_Final_Decision.pdf- ./Slater_Final_Decision.pdf-I have gone on to consider the matter of a review period. In this case, the panel has ./Slater_Final_Decision.pdf-recommended that no provision should be made for a review period. ./Slater_Final_Decision.pdf- ./Slater_Final_Decision.pdf- ./Slater_Final_Decision.pdf- -- ./Slater_Final_Decision.pdf-I have considered the panel’s comments “the panel found that Mr Slater’s conduct was at ./Slater_Final_Decision.pdf-the most serious end of the spectrum. The evidence contained within the bundle relating ./Slater_Final_Decision.pdf-to Mr Slater’s conduct was disturbing and caused the panel significant concern. ./Slater_Final_Decision.pdf-Furthermore, for the reasons referred to above, the panel did not consider that Mr Slater ./Slater_Final_Decision.pdf-had demonstrated significant insight or remorse and it was concerned about the risk of ./Slater_Final_Decision.pdf-repetition. The panel did not therefore believe that Mr Slater should be allowed to teach ./Slater_Final_Decision.pdf-again.” ./Slater_Final_Decision.pdf- ./Slater_Final_Decision.pdf-Factors mean that allowing a review period is not sufficient to achieve the aim of ./Slater_Final_Decision.pdf-maintaining public confidence in the professional, these elements are the seriousness of ./Slater_Final_Decision.pdf:the findings involving sexual offences with children and the lack of insight or remorse. ./Slater_Final_Decision.pdf- ./Slater_Final_Decision.pdf-I consider therefore that allowing for no review period is necessary to maintain public ./Slater_Final_Decision.pdf-confidence and is proportionate and in the public interest. ./Slater_Final_Decision.pdf- ./Slater_Final_Decision.pdf-This means that Mr Craig Slater is prohibited from teaching indefinitely and cannot ./Slater_Final_Decision.pdf-teach in any school, sixth form college, relevant youth accommodation or ./Slater_Final_Decision.pdf-children’s home in England. Furthermore, in view of the seriousness of the allegations ./Slater_Final_Decision.pdf-found proved against him, I have decided that Mr Slater shall not be entitled to apply for ./Slater_Final_Decision.pdf-restoration of his eligibility to teach. ./Slater_Final_Decision.pdf- ./Smith_Scott_SoS_decision_for_web.pdf- Offenders Notice for five years and ordered to pay costs of £620 and a victim ./Smith_Scott_SoS_decision_for_web.pdf- surcharge of £60. ./Smith_Scott_SoS_decision_for_web.pdf- ./Smith_Scott_SoS_decision_for_web.pdf-Mr Smith had admitted that he had been so convicted and that the offence amounted to a ./Smith_Scott_SoS_decision_for_web.pdf-relevant offence by way of his response to the Notice of Referral which he had signed on ./Smith_Scott_SoS_decision_for_web.pdf-18 August 2016. ./Smith_Scott_SoS_decision_for_web.pdf- ./Smith_Scott_SoS_decision_for_web.pdf-Findings as to conviction of a relevant offence ./Smith_Scott_SoS_decision_for_web.pdf-The panel was satisfied that Mr Smith has been convicted of a criminal offence that is ./Smith_Scott_SoS_decision_for_web.pdf-relevant to his ongoing suitability to be a teacher. Mr Smith has been convicted of a ./Smith_Scott_SoS_decision_for_web.pdf:sexual offence that must be considered relevant to the appropriateness of him continuing ./Smith_Scott_SoS_decision_for_web.pdf-to work with children in an education setting. The conviction could be considered likely to ./Smith_Scott_SoS_decision_for_web.pdf-affect confidence in the teaching profession should he be allowed to continue teaching. ./Smith_Scott_SoS_decision_for_web.pdf:The offence is of a sexual nature for which he is subject to a 5 year sexual offences ./Smith_Scott_SoS_decision_for_web.pdf-notification requirement. The panel considers this a serious matter. ./Smith_Scott_SoS_decision_for_web.pdf- ./Smith_Scott_SoS_decision_for_web.pdf-The panel took account of how the teaching profession is viewed by others. The panel ./Smith_Scott_SoS_decision_for_web.pdf-considered that Mr Smith's behaviour in committing the offence could affect the public ./Smith_Scott_SoS_decision_for_web.pdf-confidence in the teaching profession given the influence that teachers may have on ./Smith_Scott_SoS_decision_for_web.pdf-pupils, parents and others in the community. ./Smith_Scott_SoS_decision_for_web.pdf- ./Smith_Scott_SoS_decision_for_web.pdf-Given that this conviction is a relevant offence the panel considered it necessary to ./Smith_Scott_SoS_decision_for_web.pdf-reaffirm clear standards of conduct so as to maintain public confidence in the teaching ./Smith_Scott_SoS_decision_for_web.pdf-profession. -- ./Smith_Scott_SoS_decision_for_web.pdf-The panel considered the particular public interest considerations set out in the Advice ./Smith_Scott_SoS_decision_for_web.pdf-and having done so found a number of them to be relevant in this case, namely the ./Smith_Scott_SoS_decision_for_web.pdf-protection of pupils/the protection of other members of the public; the maintenance of ./Smith_Scott_SoS_decision_for_web.pdf-public confidence in the profession and declaring and upholding proper standards of ./Smith_Scott_SoS_decision_for_web.pdf-conduct. ./Smith_Scott_SoS_decision_for_web.pdf- ./Smith_Scott_SoS_decision_for_web.pdf-In carrying out the balancing exercise the panel considered the public interest ./Smith_Scott_SoS_decision_for_web.pdf-considerations both in favour of and against prohibition as well as the interests of Mr ./Smith_Scott_SoS_decision_for_web.pdf-Smith. The panel took further account of the Advice, which suggests that the teacher's ./Smith_Scott_SoS_decision_for_web.pdf-behaviour is likely to be considered to be incompatible with being a teacher where the ./Smith_Scott_SoS_decision_for_web.pdf:facts include sexual misconduct, as they do in this case. ./Smith_Scott_SoS_decision_for_web.pdf- ./Smith_Scott_SoS_decision_for_web.pdf-Even though there were behaviours that would point to a prohibition order being ./Smith_Scott_SoS_decision_for_web.pdf-appropriate, the panel went on to consider whether or not there were sufficient mitigating ./Smith_Scott_SoS_decision_for_web.pdf-factors to militate against a prohibition order being an appropriate and proportionate ./Smith_Scott_SoS_decision_for_web.pdf-measure to impose, particularly taking into account the serious nature of the behaviour in ./Smith_Scott_SoS_decision_for_web.pdf-this case. ./Smith_Scott_SoS_decision_for_web.pdf- ./Smith_Scott_SoS_decision_for_web.pdf-There was no evidence to suggest that the teacher was acting under duress. The panel ./Smith_Scott_SoS_decision_for_web.pdf:found the teacher’s actions to be pre-meditated sexual misconduct. ./Smith_Scott_SoS_decision_for_web.pdf- ./Smith_Scott_SoS_decision_for_web.pdf-The teacher did have a previously good history but the panel also noted that he ./Smith_Scott_SoS_decision_for_web.pdf-continues to dispute the finding of the criminal court and has therefore failed, thus far, to ./Smith_Scott_SoS_decision_for_web.pdf-show any insight into the inappropriateness of his behaviour. ./Smith_Scott_SoS_decision_for_web.pdf- ./Smith_Scott_SoS_decision_for_web.pdf-Therefore, given the seriousness of the conviction and the lack of any significant ./Smith_Scott_SoS_decision_for_web.pdf-mitigation, the panel is of the view that prohibition is both proportionate and appropriate. ./Smith_Scott_SoS_decision_for_web.pdf-Accordingly, the panel makes a recommendation to the Secretary of State that a ./Smith_Scott_SoS_decision_for_web.pdf-prohibition order should be imposed with immediate effect. ./Smith_Scott_SoS_decision_for_web.pdf- -- ./Smith_Scott_SoS_decision_for_web.pdf-to apply to have the prohibition order reviewed after a specified period of time that may ./Smith_Scott_SoS_decision_for_web.pdf-not be less than 2 years. ./Smith_Scott_SoS_decision_for_web.pdf- ./Smith_Scott_SoS_decision_for_web.pdf-The Advice indicates that there are behaviours that, if proven, would militate against a ./Smith_Scott_SoS_decision_for_web.pdf:review period being recommended. One of these behaviours is serious sexual ./Smith_Scott_SoS_decision_for_web.pdf:misconduct, e.g. where the act was sexually motivated and resulted in, or had the ./Smith_Scott_SoS_decision_for_web.pdf-potential to result in, harm to a person or persons. The panel has found that Mr Smith ./Smith_Scott_SoS_decision_for_web.pdf:has been responsible for a sexually motivated act that has the potential to result in harm. ./Smith_Scott_SoS_decision_for_web.pdf-He has shown no insight into that behaviour as he continues to dispute the correctness of ./Smith_Scott_SoS_decision_for_web.pdf-his conviction. ./Smith_Scott_SoS_decision_for_web.pdf- ./Smith_Scott_SoS_decision_for_web.pdf-The panel felt the findings indicated a situation in which a review period would not be ./Smith_Scott_SoS_decision_for_web.pdf-appropriate and decided that it would be proportionate in all the circumstances for the ./Smith_Scott_SoS_decision_for_web.pdf-prohibition order to be recommended without provisions for a review period. ./Smith_Scott_SoS_decision_for_web.pdf- ./Smith_Scott_SoS_decision_for_web.pdf- ./Smith_Scott_SoS_decision_for_web.pdf-Decision and reasons on behalf of the Secretary of State ./Smith_Scott_SoS_decision_for_web.pdf-I have considered very carefully the findings and recommendations of the panel in this ./Smith_Scott_SoS_decision_for_web.pdf-case, in both sanction and review. The panel has found the allegation proven, given Mr ./Smith_Scott_SoS_decision_for_web.pdf-Smith has been convicted as alleged of a relevant offence. ./Smith_Scott_SoS_decision_for_web.pdf- ./Smith_Scott_SoS_decision_for_web.pdf:Mr Smith has been convicted of a sexual offence that is relevant to the appropriateness ./Smith_Scott_SoS_decision_for_web.pdf:of him continuing to work with children in an education setting. The offence is of a sexual ./Smith_Scott_SoS_decision_for_web.pdf:nature for which he is subject to a 5 year sexual offences notification requirement. I agree ./Smith_Scott_SoS_decision_for_web.pdf-with the panel that this a serious matter. ./Smith_Scott_SoS_decision_for_web.pdf- ./Smith_Scott_SoS_decision_for_web.pdf-I note the panel took account of the Advice, which suggests that the teacher's behaviour ./Smith_Scott_SoS_decision_for_web.pdf-is likely to be considered to be incompatible with being a teacher where the facts include ./Smith_Scott_SoS_decision_for_web.pdf:sexual misconduct, as they do in this case. ./Smith_Scott_SoS_decision_for_web.pdf- ./Smith_Scott_SoS_decision_for_web.pdf-I have considered the public interest in this case. The panel has found that Mr Smith has ./Smith_Scott_SoS_decision_for_web.pdf:been responsible for a sexually motivated act that has the potential to result in harm. He ./Smith_Scott_SoS_decision_for_web.pdf-has shown no insight into that behaviour as he continues to dispute the correctness of his ./Smith_Scott_SoS_decision_for_web.pdf-conviction. ./Smith_Scott_SoS_decision_for_web.pdf- ./Smith_Scott_SoS_decision_for_web.pdf-Due to the serious nature of this case, I agree with the panel that prohibition is both an ./Smith_Scott_SoS_decision_for_web.pdf-appropriate and proportionate response. ./Smith_Scott_SoS_decision_for_web.pdf- ./Smith_Scott_SoS_decision_for_web.pdf-For the reasons set out above, I agree with the panel’s recommendation, that a ./Smith_Scott_SoS_decision_for_web.pdf-prohibition order should be imposed and that no review period should be allowed. ./Smith_Scott_SoS_decision_for_web.pdf- ./Smith_Scott_SoS_decision_for_web.pdf-This means that Mr Scott Smith is prohibited from teaching indefinitely and cannot ./Smith__Peter_Web_Decision.pdf-2018. ./Smith__Peter_Web_Decision.pdf- ./Smith__Peter_Web_Decision.pdf-It was alleged that Mr Peter Smith was guilty of unacceptable professional conduct ./Smith__Peter_Web_Decision.pdf-and/or conduct that may bring the profession into disrepute in that: ./Smith__Peter_Web_Decision.pdf- ./Smith__Peter_Web_Decision.pdf- 1. Whilst employed and / or engaged as a teacher at the Queen Elizabeth ./Smith__Peter_Web_Decision.pdf- Grammar School, he engaged in an inappropriate relationship with Pupil A ./Smith__Peter_Web_Decision.pdf- between late 2006 and September 2007 including by: ./Smith__Peter_Web_Decision.pdf- ./Smith__Peter_Web_Decision.pdf- a. engaging in one or more discussions with Pupil A about his and/or ./Smith__Peter_Web_Decision.pdf: his sexuality; ./Smith__Peter_Web_Decision.pdf- ./Smith__Peter_Web_Decision.pdf- b. hugging Pupil A on more than one occasion; ./Smith__Peter_Web_Decision.pdf- ./Smith__Peter_Web_Decision.pdf- c. kissing Pupil A on one or more occasions; ./Smith__Peter_Web_Decision.pdf- ./Smith__Peter_Web_Decision.pdf: d. engaged in sexual activity with Pupil A on one or more occasions ./Smith__Peter_Web_Decision.pdf- including: ./Smith__Peter_Web_Decision.pdf- ./Smith__Peter_Web_Decision.pdf- i. in his office; ./Smith__Peter_Web_Decision.pdf- ./Smith__Peter_Web_Decision.pdf- ii. in his home; ./Smith__Peter_Web_Decision.pdf- ./Smith__Peter_Web_Decision.pdf- iii. during a trip to Tanzania in or around July 2007. ./Smith__Peter_Web_Decision.pdf- ./Smith__Peter_Web_Decision.pdf- 2. Whilst employed and/or engaged as a teacher at Kelly College and / or ./Smith__Peter_Web_Decision.pdf- Batley Grammar School from September 2007 onwards, he engaged in an -- ./Smith__Peter_Web_Decision.pdf- ./Smith__Peter_Web_Decision.pdf- b. taking Pupil A shopping on one or more occasions; ./Smith__Peter_Web_Decision.pdf- ./Smith__Peter_Web_Decision.pdf- c. buying gifts for Pupil A, including underwear; ./Smith__Peter_Web_Decision.pdf- ./Smith__Peter_Web_Decision.pdf- d. giving and/or loaning money to Pupil A on one or more occasions; ./Smith__Peter_Web_Decision.pdf- ./Smith__Peter_Web_Decision.pdf- e. allowing and/or having Pupil A to stay with him in Devon during ./Smith__Peter_Web_Decision.pdf- the summer of 2008 and/or summer of 2009; ./Smith__Peter_Web_Decision.pdf- ./Smith__Peter_Web_Decision.pdf: f. engaging in sexual activity with Pupil A including: ./Smith__Peter_Web_Decision.pdf- ./Smith__Peter_Web_Decision.pdf- i. by engaging in mutual masturbation during one or more of ./Smith__Peter_Web_Decision.pdf- the communications set out at 2a above; ./Smith__Peter_Web_Decision.pdf- ./Smith__Peter_Web_Decision.pdf- ./Smith__Peter_Web_Decision.pdf- 4 ./Smith__Peter_Web_Decision.pdf- -- ./Smith__Peter_Web_Decision.pdf- ii. on one or more occasions in person. ./Smith__Peter_Web_Decision.pdf- ./Smith__Peter_Web_Decision.pdf- 3. His conduct as may be found proven at 1 and / or 2 above was conduct of a ./Smith__Peter_Web_Decision.pdf: sexual nature and / or was sexually motivated. ./Smith__Peter_Web_Decision.pdf- ./Smith__Peter_Web_Decision.pdf-In the absence of a response to the Notice of Proceedings dated 18 May 2018, all ./Smith__Peter_Web_Decision.pdf-allegations were taken to be denied as were whether the conduct amounted to ./Smith__Peter_Web_Decision.pdf-unacceptable professional conduct and/or conduct that may bring the profession into ./Smith__Peter_Web_Decision.pdf-disrepute. ./Smith__Peter_Web_Decision.pdf- ./Smith__Peter_Web_Decision.pdf- ./Smith__Peter_Web_Decision.pdf-C. Preliminary applications ./Smith__Peter_Web_Decision.pdf-The panel considered an application from Ms. Atkin to proceed in the absence of Mr ./Smith__Peter_Web_Decision.pdf-Smith. -- ./Smith__Peter_Web_Decision.pdf-Mr Smith had been employed at Queen Elizabeth Grammar School (“the School”) since ./Smith__Peter_Web_Decision.pdf-September 1999 as a Religious Education teacher. Pupil A was a pupil within a class he ./Smith__Peter_Web_Decision.pdf-taught for the academic year in 2006/7, at the end of which both were present on an ./Smith__Peter_Web_Decision.pdf-authorised School trip for four weeks to Tanzania. ./Smith__Peter_Web_Decision.pdf- ./Smith__Peter_Web_Decision.pdf-In the summer of 2007, Mr Smith moved schools but maintained contact with Pupil A, ./Smith__Peter_Web_Decision.pdf-who had remained as a pupil at the School before attending university from September ./Smith__Peter_Web_Decision.pdf-2009. ./Smith__Peter_Web_Decision.pdf- ./Smith__Peter_Web_Decision.pdf-Whilst at university, Pupil A confided in a friend, and then a counsellor, that he had been ./Smith__Peter_Web_Decision.pdf:in a sexual relationship with Mr Smith both whilst he was a teacher at the School and in ./Smith__Peter_Web_Decision.pdf-the time afterwards. At the counsellor's suggestion, Pupil A reported this relationship to ./Smith__Peter_Web_Decision.pdf-the police, which led to Mr Smith's arrest and charge. Mr Smith was acquitted of all ./Smith__Peter_Web_Decision.pdf-criminal charges in February 2013. ./Smith__Peter_Web_Decision.pdf- ./Smith__Peter_Web_Decision.pdf- ./Smith__Peter_Web_Decision.pdf- ./Smith__Peter_Web_Decision.pdf-Findings of fact ./Smith__Peter_Web_Decision.pdf-Our findings of fact are as follows: ./Smith__Peter_Web_Decision.pdf- ./Smith__Peter_Web_Decision.pdf-The panel has found the following particulars of the allegations against you proven, for ./Smith__Peter_Web_Decision.pdf-these reasons: ./Smith__Peter_Web_Decision.pdf- ./Smith__Peter_Web_Decision.pdf- 1. Whilst employed and / or engaged as a teacher at the Queen Elizabeth ./Smith__Peter_Web_Decision.pdf- Grammar School, you engaged in an inappropriate relationship with ./Smith__Peter_Web_Decision.pdf- Pupil A between late 2006 and September 2007 including by: ./Smith__Peter_Web_Decision.pdf- ./Smith__Peter_Web_Decision.pdf- a. engaging in one or more discussions with Pupil A about his ./Smith__Peter_Web_Decision.pdf: and/or your sexuality. ./Smith__Peter_Web_Decision.pdf- ./Smith__Peter_Web_Decision.pdf- b. hugging Pupil A on more than one occasion. ./Smith__Peter_Web_Decision.pdf- ./Smith__Peter_Web_Decision.pdf- c. kissing Pupil A on one or more occasions. ./Smith__Peter_Web_Decision.pdf- ./Smith__Peter_Web_Decision.pdf-The panel did not hear any live evidence on these allegations but did have the benefit of ./Smith__Peter_Web_Decision.pdf-viewing Pupil A's full Achieving Best Evidence ('ABE') interview from October 2010, when ./Smith__Peter_Web_Decision.pdf-he was questioned at length and provided substantial detail of events. ./Smith__Peter_Web_Decision.pdf- ./Smith__Peter_Web_Decision.pdf-In the panel's view, during the ABE, Pupil A gave evidence in a clear and consistent -- ./Smith__Peter_Web_Decision.pdf-not wish to attend this hearing and his non-attendance is not held against him in any ./Smith__Peter_Web_Decision.pdf-manner. ./Smith__Peter_Web_Decision.pdf- ./Smith__Peter_Web_Decision.pdf-Having taken the above points into account, and reminded itself of the factors to be ./Smith__Peter_Web_Decision.pdf-considered in the Civil Evidence Act 1995 regarding hearsay evidence, the panel has ./Smith__Peter_Web_Decision.pdf-placed significant weight on the evidence of Pupil A given in the ABE interview. This view ./Smith__Peter_Web_Decision.pdf-applies to all later allegations and any further reference to Pupil A's evidence, unless ./Smith__Peter_Web_Decision.pdf-clarified, refers to his ABE interview. ./Smith__Peter_Web_Decision.pdf- ./Smith__Peter_Web_Decision.pdf-In evidence, Pupil A explained that in late 2006 or early 2007, he began to experience ./Smith__Peter_Web_Decision.pdf:bullying due to his sexuality and that he was repeatedly asked by Mr Smith to read aloud ./Smith__Peter_Web_Decision.pdf-from the Bible in class. ./Smith__Peter_Web_Decision.pdf- ./Smith__Peter_Web_Decision.pdf-Mr Smith had recognised that some bullying was happening and asked Pupil A if he ./Smith__Peter_Web_Decision.pdf:needed to speak about it or his sexuality. This had taken place in Mr Smith's office, at the ./Smith__Peter_Web_Decision.pdf-rear of his classroom, and at the end of the meeting, Mr Smith had offered Pupil A a hug ./Smith__Peter_Web_Decision.pdf-by opening his arms. Pupil A explained he stepped into his arms and a reciprocal hug ./Smith__Peter_Web_Decision.pdf-had taken place. ./Smith__Peter_Web_Decision.pdf- ./Smith__Peter_Web_Decision.pdf-Meetings between Pupil A and Mr Smith continued throughout early 2007 and, around ./Smith__Peter_Web_Decision.pdf-March 2007, during such a meeting Mr Smith put his lips together to signify a kiss and ./Smith__Peter_Web_Decision.pdf-leant forward. A kiss did take place between the two, which was no more than a peck on ./Smith__Peter_Web_Decision.pdf-the lips. ./Smith__Peter_Web_Decision.pdf- ./Smith__Peter_Web_Decision.pdf-Mr Smith denied that anything inappropriate had taken place. The panel had the benefit -- ./Smith__Peter_Web_Decision.pdf-For the reasons given earlier, the panel found Pupil A to be a credible witness on these ./Smith__Peter_Web_Decision.pdf-issues and gave significant weight to his evidence. The panel did not determine there to ./Smith__Peter_Web_Decision.pdf-be any persuasive reason as to why Pupil A would have made up any part of his ./Smith__Peter_Web_Decision.pdf-evidence. In contrast, without giving any reason, Mr Smith has not participated in the ./Smith__Peter_Web_Decision.pdf-hearing nor offered himself for cross-examination. ./Smith__Peter_Web_Decision.pdf- ./Smith__Peter_Web_Decision.pdf-In the panel's view, Pupil A's evidence was clear on these allegations. In light of this, and ./Smith__Peter_Web_Decision.pdf-the earlier opinion offered on his evidence, on balance, the panel preferred Pupil A's ./Smith__Peter_Web_Decision.pdf-evidence over that of Mr Smith and therefore finds these three particulars proved. ./Smith__Peter_Web_Decision.pdf- ./Smith__Peter_Web_Decision.pdf: d. engaged in sexual activity with Pupil A on one or more occasions ./Smith__Peter_Web_Decision.pdf- including: ./Smith__Peter_Web_Decision.pdf- ./Smith__Peter_Web_Decision.pdf- i. in his office ./Smith__Peter_Web_Decision.pdf- ./Smith__Peter_Web_Decision.pdf-Pupil A gave evidence that the meetings in Mr Smith's office became more regular in ./Smith__Peter_Web_Decision.pdf:occurrence and escalated in physicality to the extent that oral and anal sex took place on ./Smith__Peter_Web_Decision.pdf-the floor of the office. This would sometimes happen before or just after gym sessions ./Smith__Peter_Web_Decision.pdf-arranged in preparation for the School trip to Tanzania. ./Smith__Peter_Web_Decision.pdf- ./Smith__Peter_Web_Decision.pdf-Mr Smith denied this allegation for the same reasons as for allegations 1a to c. The panel ./Smith__Peter_Web_Decision.pdf-noted that there was reference in the Summing Up to ex-pupils giving evidence on Mr ./Smith__Peter_Web_Decision.pdf-Smith's behalf, which corroborated his defence that such activity could not have taken ./Smith__Peter_Web_Decision.pdf-place without being witnessed. The panel had sight of the signed witness statement of ./Smith__Peter_Web_Decision.pdf-Individual A and unsigned statement of Individual B. The panel recognises that the ./Smith__Peter_Web_Decision.pdf-activity was at a high-risk of being discovered but this, in itself, does not mean it did not ./Smith__Peter_Web_Decision.pdf-happen. ./Smith__Peter_Web_Decision.pdf- ./Smith__Peter_Web_Decision.pdf-For the reasons given previously, the panel placed significant weight on the evidence of ./Smith__Peter_Web_Decision.pdf-Pupil A and preferred his version of events to those witnesses who had not attended to ./Smith__Peter_Web_Decision.pdf-give evidence. For this reason we find this allegation proved. ./Smith__Peter_Web_Decision.pdf- ./Smith__Peter_Web_Decision.pdf- ii. in his home ./Smith__Peter_Web_Decision.pdf- ./Smith__Peter_Web_Decision.pdf-Pupil A's evidence on this allegation was that, on a number of occasions, he had been at ./Smith__Peter_Web_Decision.pdf-Mr Smith's house as a babysitter for his two daughters. On at least one of these occasions, ./Smith__Peter_Web_Decision.pdf:he and Mr Smith had gone upstairs to Mr Smith's bedroom and had anal sex on the bed. ./Smith__Peter_Web_Decision.pdf- ./Smith__Peter_Web_Decision.pdf-Pupil A described Mr Smith's house and that he kept condoms in his bedroom table. ./Smith__Peter_Web_Decision.pdf- ./Smith__Peter_Web_Decision.pdf-Mr Smith denied this allegation. The panel noted in the summing up, the judge stated that ./Smith__Peter_Web_Decision.pdf-Mr Smith's evidence had been that his daughters were lively, would run around and it was ./Smith__Peter_Web_Decision.pdf-entirely possible for them to enter the bedroom at any time. Mr Smith's wife had also given ./Smith__Peter_Web_Decision.pdf-live evidence to the trial, which broadly appeared to corroborate that of Mr Smith. Again, ./Smith__Peter_Web_Decision.pdf-the panel acknowledged that such activity was at high-risk of being discovered. ./Smith__Peter_Web_Decision.pdf- ./Smith__Peter_Web_Decision.pdf- -- ./Smith__Peter_Web_Decision.pdf-was multiple hearsay. For similar reasons to allegation 1d(i), risky behaviour by Mr Smith, ./Smith__Peter_Web_Decision.pdf-in itself, does not mean that such behaviour did not take place. ./Smith__Peter_Web_Decision.pdf- ./Smith__Peter_Web_Decision.pdf-For these reasons, the panel find this allegation proved. ./Smith__Peter_Web_Decision.pdf- ./Smith__Peter_Web_Decision.pdf- iii. during a trip to Tanzania in or around July 2007 ./Smith__Peter_Web_Decision.pdf- ./Smith__Peter_Web_Decision.pdf-It was an accepted fact that Mr Smith and Pupil A had been on a pre-arranged School ./Smith__Peter_Web_Decision.pdf-trip to Tanzania in July 2007. The trip lasted for approximately four weeks. ./Smith__Peter_Web_Decision.pdf- ./Smith__Peter_Web_Decision.pdf:Pupil A gave evidence that sexual relations, including oral and anal sex, took place ./Smith__Peter_Web_Decision.pdf-during this trip in Mr Smith's bedroom. This had happened four or five times, each ./Smith__Peter_Web_Decision.pdf-occasion lasting for around fifteen minutes. ./Smith__Peter_Web_Decision.pdf- ./Smith__Peter_Web_Decision.pdf-Mr Smith denied this allegation. Again, the panel noted that at the trial, Individual C, an ./Smith__Peter_Web_Decision.pdf-adult supervisor on the trip, gave evidence that such relations could not have taken place ./Smith__Peter_Web_Decision.pdf-as she had shared a room with Mr Smith and would have noticed if he had been away ./Smith__Peter_Web_Decision.pdf-from the group for fifteen minutes. ./Smith__Peter_Web_Decision.pdf- ./Smith__Peter_Web_Decision.pdf-For the reasons given before, the panel gave weight to Pupil A's evidence and preferred ./Smith__Peter_Web_Decision.pdf-it over witnesses who were not present before it. In the panel's view, on a four week trip -- ./Smith__Peter_Web_Decision.pdf-property in Devon with the full consent of his parents. Mr Smith accepted that this had ./Smith__Peter_Web_Decision.pdf-taken place. ./Smith__Peter_Web_Decision.pdf- ./Smith__Peter_Web_Decision.pdf-In the panel's view, maintaining such a relationship with a pupil or ex-pupil of school age ./Smith__Peter_Web_Decision.pdf-as Pupil A was until September 2009, crossed professional boundaries and was ./Smith__Peter_Web_Decision.pdf-inappropriate. ./Smith__Peter_Web_Decision.pdf- ./Smith__Peter_Web_Decision.pdf-The panel therefore finds this allegation proved. ./Smith__Peter_Web_Decision.pdf- ./Smith__Peter_Web_Decision.pdf- 3. His conduct as may be found proven at 1 and / or 2 above was ./Smith__Peter_Web_Decision.pdf: conduct of a sexual nature and / or was sexually motivated. ./Smith__Peter_Web_Decision.pdf- ./Smith__Peter_Web_Decision.pdf-In relation to the particulars of conduct found proved in allegation 1, it is inherent that ./Smith__Peter_Web_Decision.pdf:each one, which either led to or involved sexual acts, is both sexual in nature and activity ./Smith__Peter_Web_Decision.pdf-and the panel finds the allegation proved in that respect. ./Smith__Peter_Web_Decision.pdf- ./Smith__Peter_Web_Decision.pdf-In relation to allegation 2, and in the context of allegation 1, on balance the panel finds ./Smith__Peter_Web_Decision.pdf:proved that there was sexual motivation behind Mr Smith's conduct. The panel did not ./Smith__Peter_Web_Decision.pdf:find there to be specific particulars in the evidence of conduct of a sexual nature and ./Smith__Peter_Web_Decision.pdf-does not find allegation 2 proved to that extent. ./Smith__Peter_Web_Decision.pdf- ./Smith__Peter_Web_Decision.pdf-The panel has found the following particulars of the allegations against you not proven, ./Smith__Peter_Web_Decision.pdf-for these reasons: ./Smith__Peter_Web_Decision.pdf- ./Smith__Peter_Web_Decision.pdf- 2c. buying gifts for Pupil A, including underwear; ./Smith__Peter_Web_Decision.pdf- ./Smith__Peter_Web_Decision.pdf- 2d. giving and/or loaning money to Pupil A on one or more occasions; ./Smith__Peter_Web_Decision.pdf- ./Smith__Peter_Web_Decision.pdf: 2f. engaging in sexual activity with Pupil A including: ./Smith__Peter_Web_Decision.pdf- ./Smith__Peter_Web_Decision.pdf- i. by engaging in mutual masturbation during one or more of the ./Smith__Peter_Web_Decision.pdf- communications set out at 2a above; ./Smith__Peter_Web_Decision.pdf- ./Smith__Peter_Web_Decision.pdf- 11 ./Smith__Peter_Web_Decision.pdf- -- ./Smith__Peter_Web_Decision.pdf- practices of the school in which they teach, and maintain high standards in their ./Smith__Peter_Web_Decision.pdf- own attendance and punctuality. ./Smith__Peter_Web_Decision.pdf-  Teachers must have an understanding of, and always act within, the statutory ./Smith__Peter_Web_Decision.pdf- frameworks which set out their professional duties and responsibilities. ./Smith__Peter_Web_Decision.pdf-The panel is satisfied that the conduct of Mr Smith amounts, on each proven particular, to ./Smith__Peter_Web_Decision.pdf-misconduct of a serious nature which fell significantly short of the standards expected of ./Smith__Peter_Web_Decision.pdf-the profession. ./Smith__Peter_Web_Decision.pdf- ./Smith__Peter_Web_Decision.pdf-The panel has also considered whether Mr Smith’s conduct displayed behaviours ./Smith__Peter_Web_Decision.pdf-associated with any of the offences listed on pages 8 and 9 of the Advice and we the ./Smith__Peter_Web_Decision.pdf:panel has found that the offence of sexual activity to be present. ./Smith__Peter_Web_Decision.pdf- ./Smith__Peter_Web_Decision.pdf- ./Smith__Peter_Web_Decision.pdf- ./Smith__Peter_Web_Decision.pdf- ./Smith__Peter_Web_Decision.pdf- 12 ./Smith__Peter_Web_Decision.pdf- -- ./Smith__Peter_Web_Decision.pdf- ./Smith__Peter_Web_Decision.pdf-  the protection of pupils; ./Smith__Peter_Web_Decision.pdf- ./Smith__Peter_Web_Decision.pdf-  the protection of other members of the public; ./Smith__Peter_Web_Decision.pdf- ./Smith__Peter_Web_Decision.pdf-  the maintenance of public confidence in the profession; and ./Smith__Peter_Web_Decision.pdf- ./Smith__Peter_Web_Decision.pdf-  declaring and upholding proper standards of conduct. ./Smith__Peter_Web_Decision.pdf- ./Smith__Peter_Web_Decision.pdf-In light of the panel’s findings against Mr Smith, which involved entering into an ./Smith__Peter_Web_Decision.pdf:inappropriate, sexual relation with a pupil, there is a strong public interest consideration ./Smith__Peter_Web_Decision.pdf-in ensuring that pupils, and indeed other members of the public, be protected. Similarly, ./Smith__Peter_Web_Decision.pdf-the panel considers that public confidence in the profession could be seriously weakened ./Smith__Peter_Web_Decision.pdf-if conduct such as that found against Mr Smith was not treated with the utmost ./Smith__Peter_Web_Decision.pdf-seriousness when regulating the conduct of the profession. ./Smith__Peter_Web_Decision.pdf- ./Smith__Peter_Web_Decision.pdf- ./Smith__Peter_Web_Decision.pdf- ./Smith__Peter_Web_Decision.pdf- 13 ./Smith__Peter_Web_Decision.pdf- -- ./Smith__Peter_Web_Decision.pdf-order may be appropriate if certain behaviours of a teacher have been proven. In the list ./Smith__Peter_Web_Decision.pdf-of such behaviours, those that are relevant in this case are: ./Smith__Peter_Web_Decision.pdf- ./Smith__Peter_Web_Decision.pdf-  serious departure from the personal and professional conduct elements of the ./Smith__Peter_Web_Decision.pdf- Teachers’ Standards; ./Smith__Peter_Web_Decision.pdf-  misconduct seriously affecting the education and/or well-being of pupils, and ./Smith__Peter_Web_Decision.pdf- particularly where there is a continuing risk; ./Smith__Peter_Web_Decision.pdf-  a deep-seated attitude that leads to harmful behaviour; ./Smith__Peter_Web_Decision.pdf-  abuse of position or trust (particularly involving vulnerable pupils) or violation of the ./Smith__Peter_Web_Decision.pdf- rights of pupils; ./Smith__Peter_Web_Decision.pdf:  sexual misconduct involving actions that were sexually motivated or of a sexual ./Smith__Peter_Web_Decision.pdf- nature and/or that use or exploit the trust, knowledge or influence derived from the ./Smith__Peter_Web_Decision.pdf- individual’s professional position; ./Smith__Peter_Web_Decision.pdf-Even though there were behaviours that would point to a prohibition order being ./Smith__Peter_Web_Decision.pdf-appropriate, the panel went on to consider whether or not there were sufficient mitigating ./Smith__Peter_Web_Decision.pdf-factors to militate against a prohibition order being an appropriate and proportionate ./Smith__Peter_Web_Decision.pdf-measure to impose, particularly taking into account the nature and severity of the ./Smith__Peter_Web_Decision.pdf-behaviour in this case. In light of the panel’s findings, Mr Smith's actions were clearly ./Smith__Peter_Web_Decision.pdf-deliberate and he was not acting under any duress. Whilst he did previously have a good ./Smith__Peter_Web_Decision.pdf-history, the panel gave this minimal weight in the context of the other factors and ./Smith__Peter_Web_Decision.pdf-seriousness of his misconduct. -- ./Smith__Peter_Web_Decision.pdf-prohibition order should be imposed with immediate effect. ./Smith__Peter_Web_Decision.pdf- ./Smith__Peter_Web_Decision.pdf-The panel went on to consider whether or not it would be appropriate for them to decide ./Smith__Peter_Web_Decision.pdf-to recommend that a review period of the order should be considered. The panel were ./Smith__Peter_Web_Decision.pdf-mindful that the Advice states that a prohibition order applies for life, but there may be ./Smith__Peter_Web_Decision.pdf-circumstances in any given case that may make it appropriate to allow a teacher to apply ./Smith__Peter_Web_Decision.pdf-to have the prohibition order reviewed after a specified period of time that may not be ./Smith__Peter_Web_Decision.pdf-less than two years. ./Smith__Peter_Web_Decision.pdf- ./Smith__Peter_Web_Decision.pdf-The Advice indicates that there are behaviours that, if proven, would militate against a ./Smith__Peter_Web_Decision.pdf:review period being recommended. One of the behaviours is that of serious sexual ./Smith__Peter_Web_Decision.pdf:misconduct, e.g. where the act was sexually motivated and resulted in or had the ./Smith__Peter_Web_Decision.pdf-potential to result in, harm to a person or persons, particularly where the individual has ./Smith__Peter_Web_Decision.pdf-used their professional position to influence or exploit a person or persons. ./Smith__Peter_Web_Decision.pdf- ./Smith__Peter_Web_Decision.pdf:The panel has found that Mr Smith has been responsible for engaging in a sexual ./Smith__Peter_Web_Decision.pdf-relationship with a vulnerable pupil over at least a two year period and has expressed no ./Smith__Peter_Web_Decision.pdf-remorse nor accepted any culpability for the effect his actions have had on Pupil A, his ./Smith__Peter_Web_Decision.pdf-family and wider community. ./Smith__Peter_Web_Decision.pdf- ./Smith__Peter_Web_Decision.pdf-As shown by Mr Smith's complete denial to all allegations, he has demonstrated no ./Smith__Peter_Web_Decision.pdf-insight into his actions, for which he has had over a decade to evidence, nor suggested ./Smith__Peter_Web_Decision.pdf-that any remediation has taken or will take place. ./Smith__Peter_Web_Decision.pdf- ./Smith__Peter_Web_Decision.pdf-The panel felt the findings indicated a situation in which a review period would not be ./Smith__Peter_Web_Decision.pdf-appropriate and as such decided that it would be proportionate in all the circumstances -- ./Smith__Peter_Web_Decision.pdf-I have given very careful consideration to this case and to the recommendation of the ./Smith__Peter_Web_Decision.pdf-panel in respect of sanction and review period. ./Smith__Peter_Web_Decision.pdf- ./Smith__Peter_Web_Decision.pdf-In considering this case, I have also given very careful attention to the advice that is ./Smith__Peter_Web_Decision.pdf-published by the Secretary of State concerning the prohibition of teachers. ./Smith__Peter_Web_Decision.pdf- ./Smith__Peter_Web_Decision.pdf-In this case, the panel has found a number of the allegations proven and found that those ./Smith__Peter_Web_Decision.pdf-proven facts amount to unacceptable professional conduct and conduct that may bring ./Smith__Peter_Web_Decision.pdf-the profession into disrepute. Where the panel has not found certain allegations proven I ./Smith__Peter_Web_Decision.pdf-have put those matters from my mind. In addition, where the panel has found that for ./Smith__Peter_Web_Decision.pdf:some of the proven allegations they do not amount to sexual misconduct, then I have ./Smith__Peter_Web_Decision.pdf- ./Smith__Peter_Web_Decision.pdf- 15 ./Smith__Peter_Web_Decision.pdf- -- ./Smith__Peter_Web_Decision.pdf- o treating pupils with dignity, building relationships rooted in mutual respect, and ./Smith__Peter_Web_Decision.pdf- at all times observing proper boundaries appropriate to a teacher’s ./Smith__Peter_Web_Decision.pdf- professional position; ./Smith__Peter_Web_Decision.pdf- o having regard for the need to safeguard pupils’ well-being, in accordance with ./Smith__Peter_Web_Decision.pdf- statutory provisions; ./Smith__Peter_Web_Decision.pdf-  Teachers must have proper and professional regard for the ethos, policies and ./Smith__Peter_Web_Decision.pdf- practices of the school in which they teach, and maintain high standards in their ./Smith__Peter_Web_Decision.pdf- own attendance and punctuality. ./Smith__Peter_Web_Decision.pdf-  Teachers must have an understanding of, and always act within, the statutory ./Smith__Peter_Web_Decision.pdf- frameworks which set out their professional duties and responsibilities. ./Smith__Peter_Web_Decision.pdf:I have also noted that the “panel has found that the offence of sexual activity to be ./Smith__Peter_Web_Decision.pdf-present.” ./Smith__Peter_Web_Decision.pdf- ./Smith__Peter_Web_Decision.pdf:The findings of misconduct are particularly serious as they include a finding of sexual ./Smith__Peter_Web_Decision.pdf-activity. ./Smith__Peter_Web_Decision.pdf- ./Smith__Peter_Web_Decision.pdf-I have to determine whether the imposition of a prohibition order is proportionate and in ./Smith__Peter_Web_Decision.pdf-the public interest. In considering that for this case I have considered the overall aim of a ./Smith__Peter_Web_Decision.pdf-prohibition order which is to protect pupils and to maintain public confidence in the ./Smith__Peter_Web_Decision.pdf-profession. I have considered the extent to which a prohibition order in this case would ./Smith__Peter_Web_Decision.pdf-achieve that aim taking into account the impact that it will have on the individual teacher. ./Smith__Peter_Web_Decision.pdf-I have also asked myself whether or not a less intrusive measure, such as the published ./Smith__Peter_Web_Decision.pdf-finding of unacceptable professional conduct and conduct that may bring the profession ./Smith__Peter_Web_Decision.pdf-into disrepute, would itself be sufficient to achieve the overall aim. I have to consider ./Smith__Peter_Web_Decision.pdf-whether the consequences of such a publication are themselves sufficient. I have ./Smith__Peter_Web_Decision.pdf-considered therefore whether or not prohibiting Mr Smith, and the impact that will have ./Smith__Peter_Web_Decision.pdf-on him, is proportionate. ./Smith__Peter_Web_Decision.pdf- ./Smith__Peter_Web_Decision.pdf-In this case I have considered the extent to which a prohibition order would protect ./Smith__Peter_Web_Decision.pdf-children. The panel has observed that Mr Smith’s behaviour, “involved entering into an ./Smith__Peter_Web_Decision.pdf:inappropriate, sexual relation with a pupil.” A prohibition order would therefore prevent ./Smith__Peter_Web_Decision.pdf-such a risk from being present in the future. I have also taken into account the panel’s ./Smith__Peter_Web_Decision.pdf-comments on insight and remorse which the panel sets out as follows, “has expressed no ./Smith__Peter_Web_Decision.pdf-remorse nor accepted any culpability for the effect his actions have had on Pupil A, his ./Smith__Peter_Web_Decision.pdf-family and wider community.” ./Smith__Peter_Web_Decision.pdf- ./Smith__Peter_Web_Decision.pdf- 16 ./Smith__Peter_Web_Decision.pdf- -- ./Smith__Peter_Web_Decision.pdf-demonstrated no insight into his actions, for which he has had over a decade to ./Smith__Peter_Web_Decision.pdf-evidence, nor suggested that any remediation has taken or will take place.” ./Smith__Peter_Web_Decision.pdf- ./Smith__Peter_Web_Decision.pdf-In my judgement the lack of insight means that there is some risk of the repetition of this ./Smith__Peter_Web_Decision.pdf-behaviour and this risks the future well being of pupils. I have therefore given this ./Smith__Peter_Web_Decision.pdf-element considerable weight in reaching my decision. ./Smith__Peter_Web_Decision.pdf- ./Smith__Peter_Web_Decision.pdf-I have gone on to consider the extent to which a prohibition order would maintain public ./Smith__Peter_Web_Decision.pdf-confidence in the profession. The panel observe, “there is a strong public interest ./Smith__Peter_Web_Decision.pdf-consideration in ensuring that pupils, and indeed other members of the public, be ./Smith__Peter_Web_Decision.pdf:protected.” I am particularly mindful of the finding of serious sexual misconduct in this ./Smith__Peter_Web_Decision.pdf-case and the impact that such a finding has on the reputation of the profession. ./Smith__Peter_Web_Decision.pdf- ./Smith__Peter_Web_Decision.pdf-I have had to consider that the public has a high expectation of professional standards of ./Smith__Peter_Web_Decision.pdf-all teachers and that failure to impose a prohibition order might be regarded by the public ./Smith__Peter_Web_Decision.pdf-as a failure to uphold those high standards. In weighing these considerations I have had ./Smith__Peter_Web_Decision.pdf-to consider the matter from the point of view of an “ordinary intelligent and well-informed ./Smith__Peter_Web_Decision.pdf-citizen.” ./Smith__Peter_Web_Decision.pdf- ./Smith__Peter_Web_Decision.pdf-I have considered whether the publication of a finding of unacceptable professional ./Smith__Peter_Web_Decision.pdf-conduct, in the absence of a prohibition order, can itself be regarded by such a person as -- ./Smith__Peter_Web_Decision.pdf-I have also considered the impact of a prohibition order on Mr Smith himself. The panel ./Smith__Peter_Web_Decision.pdf-found that Mr Smith, “did previously have a good history.” ./Smith__Peter_Web_Decision.pdf- ./Smith__Peter_Web_Decision.pdf-A prohibition order would prevent Mr Smith from teaching and would also clearly deprive ./Smith__Peter_Web_Decision.pdf-the public of his contribution to the profession for the period that it is in force. ./Smith__Peter_Web_Decision.pdf- ./Smith__Peter_Web_Decision.pdf-In this case I have placed considerable weight on the panel’s comments concerning the ./Smith__Peter_Web_Decision.pdf-lack of insight or remorse. ./Smith__Peter_Web_Decision.pdf- ./Smith__Peter_Web_Decision.pdf-I have also placed considerable weight on the finding of the panel that Mr Smith, “has ./Smith__Peter_Web_Decision.pdf:been responsible for engaging in a sexual relationship with a vulnerable pupil over at ./Smith__Peter_Web_Decision.pdf-least a two year period.” ./Smith__Peter_Web_Decision.pdf- ./Smith__Peter_Web_Decision.pdf-I have given less weight in my consideration of sanction therefore, to the contribution that ./Smith__Peter_Web_Decision.pdf-Mr Smith has made and is making to the profession. In my view it is necessary to impose ./Smith__Peter_Web_Decision.pdf-a prohibition order in order to maintain public confidence in the profession. A published ./Smith__Peter_Web_Decision.pdf-decision that is not backed up by remorse or insight does not in my view satisfy the public ./Smith__Peter_Web_Decision.pdf-interest requirement concerning public confidence in the profession. ./Smith__Peter_Web_Decision.pdf- ./Smith__Peter_Web_Decision.pdf- ./Smith__Peter_Web_Decision.pdf- -- ./Smith__Peter_Web_Decision.pdf-recommended that the prohibition should apply with no provision for a review period. ./Smith__Peter_Web_Decision.pdf- ./Smith__Peter_Web_Decision.pdf-I have considered the panel’s comments, “Mr Smith's complete denial to all allegations, ./Smith__Peter_Web_Decision.pdf-he has demonstrated no insight into his actions, for which he has had over a decade to ./Smith__Peter_Web_Decision.pdf-evidence, nor suggested that any remediation has taken or will take place.” ./Smith__Peter_Web_Decision.pdf- ./Smith__Peter_Web_Decision.pdf-I have considered whether allowing for no review period period reflects the seriousness ./Smith__Peter_Web_Decision.pdf-of the findings and is a proportionate period to achieve the aim of maintaining public ./Smith__Peter_Web_Decision.pdf-confidence in the profession. In this case, there are three factors that in my view mean ./Smith__Peter_Web_Decision.pdf-that to allow for no review period is necessary to achieve the aim of maintaining public ./Smith__Peter_Web_Decision.pdf:confidence in the profession. These elements are the serious sexual misconduct found, ./Smith__Peter_Web_Decision.pdf-the vulnerability fo the pupil and the complete lack of insight or remorse. ./Smith__Peter_Web_Decision.pdf- ./Smith__Peter_Web_Decision.pdf-I consider therefore that a prohibition order with no review period is required to satisfy the ./Smith__Peter_Web_Decision.pdf-maintenance of public confidence in the profession. ./Smith__Peter_Web_Decision.pdf- ./Smith__Peter_Web_Decision.pdf-This means that Mr Peter Smith is prohibited from teaching indefinitely and cannot ./Smith__Peter_Web_Decision.pdf-teach in any school, sixth form college, relevant youth accommodation or ./Smith__Peter_Web_Decision.pdf-children’s home in England. Furthermore, in view of the seriousness of the allegations ./Smith__Peter_Web_Decision.pdf-found proved against him, I have decided that Mr Peter Smith shall not be entitled to ./Smith__Peter_Web_Decision.pdf-apply for restoration of his eligibility to teach. ./SoSdecision_Woods_16432_.pdf- i. Referred to her tutor group as 'fucking idiots'; ./SoSdecision_Woods_16432_.pdf- ./SoSdecision_Woods_16432_.pdf- ii. Referred to her tutor group as 'twats' ./SoSdecision_Woods_16432_.pdf- ./SoSdecision_Woods_16432_.pdf- iii. Told one or more pupils to 'fuck off' ./SoSdecision_Woods_16432_.pdf- ./SoSdecision_Woods_16432_.pdf- iv. Stuck her middle finger up at Pupil A; ./SoSdecision_Woods_16432_.pdf- ./SoSdecision_Woods_16432_.pdf- v. Referred to one or more pupils as having a 'big willy'; ./SoSdecision_Woods_16432_.pdf- ./SoSdecision_Woods_16432_.pdf: vi. Referred to her white board pen as the 'magic pen of sex'. ./SoSdecision_Woods_16432_.pdf- ./SoSdecision_Woods_16432_.pdf- 2. On or around 16 June 2016, she allowed Pupil C and Pupil D to leave the School ./SoSdecision_Woods_16432_.pdf- in circumstances where she had led one or more other teachers in the School to ./SoSdecision_Woods_16432_.pdf- believe that they were with her and/or under her supervision. ./SoSdecision_Woods_16432_.pdf- ./SoSdecision_Woods_16432_.pdf-In the absence of a response from Ms Woods referring to the particulars of the allegations ./SoSdecision_Woods_16432_.pdf-specifically, the panel has taken the allegations to have not been admitted. It therefore ./SoSdecision_Woods_16432_.pdf-follows that the panel has taken unacceptable professional conduct and/or conduct that ./SoSdecision_Woods_16432_.pdf-may bring the profession into disrepute to also not be admitted. ./SoSdecision_Woods_16432_.pdf- -- ./SoSdecision_Woods_16432_.pdf: vi. Referred to her white board pen as the 'magic pen of sex'. ./SoSdecision_Woods_16432_.pdf- ./SoSdecision_Woods_16432_.pdf-The panel heard live evidence on this allegation from Pupil A. He accepted that one of his ./SoSdecision_Woods_16432_.pdf-friends had previously come up with the name for the interactive board pen rather than Ms ./SoSdecision_Woods_16432_.pdf-Woods but explained she had then continued to use the term repeatedly. He said that this ./SoSdecision_Woods_16432_.pdf-had appeared 'weird' to him. ./SoSdecision_Woods_16432_.pdf- ./SoSdecision_Woods_16432_.pdf-The panel noted that Student 7 stated in an account of 11 July 2016 that Ms Woods had ./SoSdecision_Woods_16432_.pdf:called the interactive pen the "magic pen of sex". In light of this account being unsigned ./SoSdecision_Woods_16432_.pdf-the panel gave it some, but limited, corroborative weight. ./SoSdecision_Woods_16432_.pdf- ./SoSdecision_Woods_16432_.pdf-In her statement, Ms Woods said she treated the term as a 'joke…and tolerated the joke ./SoSdecision_Woods_16432_.pdf-but did not use the reference myself". The panel however noted the inconsistency between ./SoSdecision_Woods_16432_.pdf-her statement and the account she provided in an earlier interview (page 236) when she ./SoSdecision_Woods_16432_.pdf-said she had used the term "probably once or twice". ./SoSdecision_Woods_16432_.pdf- ./SoSdecision_Woods_16432_.pdf-For the reasons give before, the panel considered Pupil A to be a clear and credible witness ./SoSdecision_Woods_16432_.pdf-who offered himself for examination. In light of this and the inconsistent explanation ./SoSdecision_Woods_16432_.pdf-provided by Ms Woods, the panel preferred the evidence of Pupil A and therefore finds this ./SoS_Decision_-_12886_-_HALL_Michael.pdf- ./SoS_Decision_-_12886_-_HALL_Michael.pdf- ii. in his behaviour towards Person C; ./SoS_Decision_-_12886_-_HALL_Michael.pdf- ./SoS_Decision_-_12886_-_HALL_Michael.pdf- iii. in his behaviour towards Person D; ./SoS_Decision_-_12886_-_HALL_Michael.pdf- ./SoS_Decision_-_12886_-_HALL_Michael.pdf- iv. in his behaviour towards Person E; ./SoS_Decision_-_12886_-_HALL_Michael.pdf- ./SoS_Decision_-_12886_-_HALL_Michael.pdf- v. in his behaviour towards Person F; ./SoS_Decision_-_12886_-_HALL_Michael.pdf- ./SoS_Decision_-_12886_-_HALL_Michael.pdf-d. his behaviour towards one or more of his female colleagues as referred to at 3c ./SoS_Decision_-_12886_-_HALL_Michael.pdf:above constituted sexual harassment; ./SoS_Decision_-_12886_-_HALL_Michael.pdf- ./SoS_Decision_-_12886_-_HALL_Michael.pdf:e. engaged in sexual activity with a female colleague, Person A, during School ./SoS_Decision_-_12886_-_HALL_Michael.pdf-hours and/or on School premises on one occasion or more between 2011 – 2013, ./SoS_Decision_-_12886_-_HALL_Michael.pdf-including: ./SoS_Decision_-_12886_-_HALL_Michael.pdf- ./SoS_Decision_-_12886_-_HALL_Michael.pdf: i. by having sexual intercourse in the cellar on one occasion; ./SoS_Decision_-_12886_-_HALL_Michael.pdf- ./SoS_Decision_-_12886_-_HALL_Michael.pdf: ii. by receiving oral sex on one occasion or more in the store room adjacent to ./SoS_Decision_-_12886_-_HALL_Michael.pdf- his classroom; ./SoS_Decision_-_12886_-_HALL_Michael.pdf- ./SoS_Decision_-_12886_-_HALL_Michael.pdf- ./SoS_Decision_-_12886_-_HALL_Michael.pdf- ./SoS_Decision_-_12886_-_HALL_Michael.pdf- ./SoS_Decision_-_12886_-_HALL_Michael.pdf- 5 ./SoS_Decision_-_12886_-_HALL_Michael.pdf- -- ./SoS_Decision_-_12886_-_HALL_Michael.pdf: iii. by having sexual intercourse on one occasion or more in the store room ./SoS_Decision_-_12886_-_HALL_Michael.pdf- adjacent to his classroom; ./SoS_Decision_-_12886_-_HALL_Michael.pdf- ./SoS_Decision_-_12886_-_HALL_Michael.pdf- f. disregarded a reasonable management instruction, in that he contacted Person A ./SoS_Decision_-_12886_-_HALL_Michael.pdf- on one or more occasions after 14 January 2014, despite having been told by the ./SoS_Decision_-_12886_-_HALL_Michael.pdf- Headteacher that he was not to have contact with School staff without the ./SoS_Decision_-_12886_-_HALL_Michael.pdf- Headteacher's prior agreement; ./SoS_Decision_-_12886_-_HALL_Michael.pdf- ./SoS_Decision_-_12886_-_HALL_Michael.pdf- g. he behaved in the manner set out at 3f above with the intention of impeding ./SoS_Decision_-_12886_-_HALL_Michael.pdf- and/or prejudicing the investigation, in that he told Person A to "deny everything" or ./SoS_Decision_-_12886_-_HALL_Michael.pdf- said words to that effect. -- ./SoS_Decision_-_12886_-_HALL_Michael.pdf-A substantial number of students alleged that in the course of lessons he made ./SoS_Decision_-_12886_-_HALL_Michael.pdf-inappropriate comments about them which are particularised in the notice of ./SoS_Decision_-_12886_-_HALL_Michael.pdf-proceedings. It is also alleged by some students that he made physical contact with ./SoS_Decision_-_12886_-_HALL_Michael.pdf-them. The National College alleges that he behaved in class in a way that made them ./SoS_Decision_-_12886_-_HALL_Michael.pdf-feel uncomfortable and was generally not consistent with the way a teacher should ./SoS_Decision_-_12886_-_HALL_Michael.pdf-conduct himself towards pupils. ./SoS_Decision_-_12886_-_HALL_Michael.pdf- ./SoS_Decision_-_12886_-_HALL_Michael.pdf-Several of the teaching assistants who worked in Mr Hall's class between 2006 and 2014 ./SoS_Decision_-_12886_-_HALL_Michael.pdf-describe an unacceptable pattern of behaviour which consisted initially of compliments ./SoS_Decision_-_12886_-_HALL_Michael.pdf-and gentle flirtation which some witnesses found unobjectionable. However, over time, ./SoS_Decision_-_12886_-_HALL_Michael.pdf:the comments are said to have become more direct and salacious involving overt sexual ./SoS_Decision_-_12886_-_HALL_Michael.pdf-content or unmistakable innuendo. Several of the witnesses describe their distress as the ./SoS_Decision_-_12886_-_HALL_Michael.pdf-frequency and intensity of these comments increased. In some cases Mr Hall is said to ./SoS_Decision_-_12886_-_HALL_Michael.pdf:have touched the witnesses in a sexual way which they found wholly objectionable. Only ./SoS_Decision_-_12886_-_HALL_Michael.pdf-when the witnesses made clear to Mr Hall that his conduct was unwelcome or that their ./SoS_Decision_-_12886_-_HALL_Michael.pdf-husbands were aware of what was happening did he desist. It is said by the National ./SoS_Decision_-_12886_-_HALL_Michael.pdf-College that there is a clearly identifiable pattern in Mr Hall's conduct towards these ./SoS_Decision_-_12886_-_HALL_Michael.pdf:witnesses and that what he did was inappropriate and amounted to sexual harassment. ./SoS_Decision_-_12886_-_HALL_Michael.pdf- ./SoS_Decision_-_12886_-_HALL_Michael.pdf:The National College further alleges that Mr Hall had a sexual relationship with Person A, ./SoS_Decision_-_12886_-_HALL_Michael.pdf:who was a teaching assistant at the time, and that he engaged in sexual intercourse and ./SoS_Decision_-_12886_-_HALL_Michael.pdf- ./SoS_Decision_-_12886_-_HALL_Michael.pdf- ./SoS_Decision_-_12886_-_HALL_Michael.pdf- 8 ./SoS_Decision_-_12886_-_HALL_Michael.pdf- -- ./SoS_Decision_-_12886_-_HALL_Michael.pdf:other sexual activity with Person A in various locations within the School during school ./SoS_Decision_-_12886_-_HALL_Michael.pdf-time. It is said that relationship lasted for up to 2 years. ./SoS_Decision_-_12886_-_HALL_Michael.pdf- ./SoS_Decision_-_12886_-_HALL_Michael.pdf-Finally Mr Hall is alleged to have contacted person A during the period of his suspension ./SoS_Decision_-_12886_-_HALL_Michael.pdf-and to have attempted to persuade her not to co-operate with the School's investigation ./SoS_Decision_-_12886_-_HALL_Michael.pdf-and to "deny everything". ./SoS_Decision_-_12886_-_HALL_Michael.pdf- ./SoS_Decision_-_12886_-_HALL_Michael.pdf-In his written submission to the National College's case (pp 434-439) and at the hearing ./SoS_Decision_-_12886_-_HALL_Michael.pdf-Mr Hall accepts the fact of his convictions in 1997. He says that he made disclosure to ./SoS_Decision_-_12886_-_HALL_Michael.pdf-the headteacher in March/April 2006 about all matters relating to his convictions about ./SoS_Decision_-_12886_-_HALL_Michael.pdf-which he was questioned. The meetings took place after he had commenced -- ./SoS_Decision_-_12886_-_HALL_Michael.pdf-other witnesses who make no criticism of the way he conducted himself in class. In ./SoS_Decision_-_12886_-_HALL_Michael.pdf-relation to some of the comments attributed to him he denies saying them. ./SoS_Decision_-_12886_-_HALL_Michael.pdf- ./SoS_Decision_-_12886_-_HALL_Michael.pdf-Any touching of students, he says, occurred to prevent the risk of injury or to encourage ./SoS_Decision_-_12886_-_HALL_Michael.pdf-them to get on with their work and for no other reason. He asserts that neither his ./SoS_Decision_-_12886_-_HALL_Michael.pdf-comments, which were generic, nor his limited physical contact with students was ./SoS_Decision_-_12886_-_HALL_Michael.pdf-inappropriate. He suggests that a number of the students' statements are tainted ./SoS_Decision_-_12886_-_HALL_Michael.pdf-because of the influence of student A on other students and thus that the evidence of ./SoS_Decision_-_12886_-_HALL_Michael.pdf-several students in student A's friendship group is inherently unreliable. ./SoS_Decision_-_12886_-_HALL_Michael.pdf- ./SoS_Decision_-_12886_-_HALL_Michael.pdf:He denies sexually harassing any female members of staff or making inappropriate ./SoS_Decision_-_12886_-_HALL_Michael.pdf-remarks to them, as alleged, and points to the fact that no complaints were made against ./SoS_Decision_-_12886_-_HALL_Michael.pdf:him in the period 2006 to 2013. He denies having a sexual relationship with Person A at ./SoS_Decision_-_12886_-_HALL_Michael.pdf-the School or elsewhere. He makes various observations about the witness statements ./SoS_Decision_-_12886_-_HALL_Michael.pdf-made by the members of staff who have complained about his conduct and asserts that ./SoS_Decision_-_12886_-_HALL_Michael.pdf-his behaviour was at all times professional and appropriate. He says that the School ./SoS_Decision_-_12886_-_HALL_Michael.pdf-wished to be rid of him, principally because he was one of two union representatives at ./SoS_Decision_-_12886_-_HALL_Michael.pdf-the School and he had a difficult relationship with the new headteacher. He does not ./SoS_Decision_-_12886_-_HALL_Michael.pdf-explain why many of the witnesses have made false accusations against him but says ./SoS_Decision_-_12886_-_HALL_Michael.pdf-the School has "manufactured" evidence in this case. ./SoS_Decision_-_12886_-_HALL_Michael.pdf- ./SoS_Decision_-_12886_-_HALL_Michael.pdf-The panel finds the following particulars of the allegation(s) against Michael Hall proven, ./SoS_Decision_-_12886_-_HALL_Michael.pdf-for these reasons: -- ./SoS_Decision_-_12886_-_HALL_Michael.pdf-The majority could be described as vulnerable or at a low ebb because of marital ./SoS_Decision_-_12886_-_HALL_Michael.pdf-difficulties, family illness or similar. They described Mr Hall being sympathetic initially, ./SoS_Decision_-_12886_-_HALL_Michael.pdf-apparently concerned and supportive of them. He often remarked that they looked nice or ./SoS_Decision_-_12886_-_HALL_Michael.pdf-complimented them on their dress sense and made them feel good. As the relationship ./SoS_Decision_-_12886_-_HALL_Michael.pdf-developed Mr Hall began to flirt with them. He would make remarks which carried some ./SoS_Decision_-_12886_-_HALL_Michael.pdf:sexual innuendo or were overtly sexual – e.g. "I'm admiring your underwear what have ./SoS_Decision_-_12886_-_HALL_Michael.pdf-you got on?" or "I will climb aboard and make you squeal". They began to feel very ./SoS_Decision_-_12886_-_HALL_Michael.pdf-uncomfortable about his behaviour but were too worried about how it would look to the ./SoS_Decision_-_12886_-_HALL_Michael.pdf-School if they made a complaint about him. Some were concerned about whether they ./SoS_Decision_-_12886_-_HALL_Michael.pdf-would be believed as he was a well-regarded teacher. ./SoS_Decision_-_12886_-_HALL_Michael.pdf- ./SoS_Decision_-_12886_-_HALL_Michael.pdf-Some of the witnesses described in graphic detail unwelcome physical contact from Mr ./SoS_Decision_-_12886_-_HALL_Michael.pdf:Hall of a sexual nature e.g. him putting his hand on the witness's bottom or placing the ./SoS_Decision_-_12886_-_HALL_Michael.pdf-witness's hand on his penis (over his trousers). Most described that when, finally, they ./SoS_Decision_-_12886_-_HALL_Michael.pdf-managed to persuade Mr Hall that his advances and behaviour towards them were ./SoS_Decision_-_12886_-_HALL_Michael.pdf-neither welcomed nor reciprocated his overall attitude towards them changed. He ./SoS_Decision_-_12886_-_HALL_Michael.pdf-stopped making these remarks and the physical contact. He also became very "off" with ./SoS_Decision_-_12886_-_HALL_Michael.pdf-them. ./SoS_Decision_-_12886_-_HALL_Michael.pdf- ./SoS_Decision_-_12886_-_HALL_Michael.pdf-All, bar Person F, said that his advances caused them alarm and distress and the picture ./SoS_Decision_-_12886_-_HALL_Michael.pdf-painted by these witnesses was that Mr Hall was very persistent, pursuing a course of ./SoS_Decision_-_12886_-_HALL_Michael.pdf-conduct, until he recognised that his attention was entirely unwelcome. ./SoS_Decision_-_12886_-_HALL_Michael.pdf- ./SoS_Decision_-_12886_-_HALL_Michael.pdf-The panel did not hear from Person E whose account given in her investigation interview ./SoS_Decision_-_12886_-_HALL_Michael.pdf-appears at pp 369 - 377 in the case papers but it contains so many of the elements ./SoS_Decision_-_12886_-_HALL_Michael.pdf-itemised above that it is, in the view of the panel, a document that the panel is able to rely ./SoS_Decision_-_12886_-_HALL_Michael.pdf-upon even though it has not been tested. ./SoS_Decision_-_12886_-_HALL_Michael.pdf- ./SoS_Decision_-_12886_-_HALL_Michael.pdf-In response to the accounts given by these witnesses, Mr Hall says that the detailed ./SoS_Decision_-_12886_-_HALL_Michael.pdf:descriptions of his sexual comments, unwelcome touching and determined pursuit of ./SoS_Decision_-_12886_-_HALL_Michael.pdf-each of these witnesses simply did not happen. He says, in any event, there was no ./SoS_Decision_-_12886_-_HALL_Michael.pdf-opportunity within the School for him to have behaved as is alleged and had he done so ./SoS_Decision_-_12886_-_HALL_Michael.pdf-then students would soon have become aware and it would have been all around the ./SoS_Decision_-_12886_-_HALL_Michael.pdf-school community. He points to the absence of any complaint about him from any of ./SoS_Decision_-_12886_-_HALL_Michael.pdf-these witnesses and says that if he had been behaving as they suggest they would have ./SoS_Decision_-_12886_-_HALL_Michael.pdf-made a complaint. ./SoS_Decision_-_12886_-_HALL_Michael.pdf- ./SoS_Decision_-_12886_-_HALL_Michael.pdf-He further alleges that the School has "manufactured the evidence" and the School's ./SoS_Decision_-_12886_-_HALL_Michael.pdf-motivation for so doing is related to his role as one of two union representatives within ./SoS_Decision_-_12886_-_HALL_Michael.pdf-the School and the antagonistic relationship he had with the recently appointed new -- ./SoS_Decision_-_12886_-_HALL_Michael.pdf-very detailed and make reference to specific comments, particular acts of physical ./SoS_Decision_-_12886_-_HALL_Michael.pdf-contact and similar. The panel found all of these witnesses to be credible and the ./SoS_Decision_-_12886_-_HALL_Michael.pdf-similarities in the accounts they gave lent support to the truthfulness of what they told the ./SoS_Decision_-_12886_-_HALL_Michael.pdf-hearing rather than the reverse. The panel does not believe either that there was an ./SoS_Decision_-_12886_-_HALL_Michael.pdf-attempt by the School to fabricate evidence or that these four witnesses have attended ./SoS_Decision_-_12886_-_HALL_Michael.pdf-the hearing to give false evidence. It follows therefore that, although the panel has ./SoS_Decision_-_12886_-_HALL_Michael.pdf-considered all the particulars 3(c) (i) to (v) separately our reasons for finding each ./SoS_Decision_-_12886_-_HALL_Michael.pdf-particular proved are as set out above in each case. ./SoS_Decision_-_12886_-_HALL_Michael.pdf- ./SoS_Decision_-_12886_-_HALL_Michael.pdf- d. his behaviour towards one or more of his female colleagues as referred to ./SoS_Decision_-_12886_-_HALL_Michael.pdf: at 3c above constituted sexual harassment. ./SoS_Decision_-_12886_-_HALL_Michael.pdf- ./SoS_Decision_-_12886_-_HALL_Michael.pdf-In relation to this particular the National College's witnesses who gave evidence in ./SoS_Decision_-_12886_-_HALL_Michael.pdf-person, other than Person F, left the panel in no doubt that they were caused alarm and ./SoS_Decision_-_12886_-_HALL_Michael.pdf-distress by Mr Hall's course of conduct towards them. The panel is satisfied that even if ./SoS_Decision_-_12886_-_HALL_Michael.pdf-he did not know that was the impact of his conduct, by its very nature, he should have ./SoS_Decision_-_12886_-_HALL_Michael.pdf-been aware that was the likely result. Thus the panel is satisfied that this particular is ./SoS_Decision_-_12886_-_HALL_Michael.pdf-proven. The panel noted also that Mr Hall was asked by the presenting officer whether he ./SoS_Decision_-_12886_-_HALL_Michael.pdf-agreed that, if he had made the remarks and behaved as these witnesses said, this ./SoS_Decision_-_12886_-_HALL_Michael.pdf-would have been inappropriate. He agreed that it would be both inappropriate and would ./SoS_Decision_-_12886_-_HALL_Michael.pdf:amount to sexual harassment. ./SoS_Decision_-_12886_-_HALL_Michael.pdf- ./SoS_Decision_-_12886_-_HALL_Michael.pdf: e. engaged in sexual activity with a female colleague, Person A, during ./SoS_Decision_-_12886_-_HALL_Michael.pdf- School hours and/or on School premises on one occasion or more between ./SoS_Decision_-_12886_-_HALL_Michael.pdf- 2011 – 2013, including: ./SoS_Decision_-_12886_-_HALL_Michael.pdf- ./SoS_Decision_-_12886_-_HALL_Michael.pdf: i. by having sexual intercourse in the cellar on one occasion; ./SoS_Decision_-_12886_-_HALL_Michael.pdf- ./SoS_Decision_-_12886_-_HALL_Michael.pdf: ii. by receiving oral sex on one occasion or more in the store room adjacent ./SoS_Decision_-_12886_-_HALL_Michael.pdf- to his classroom; ./SoS_Decision_-_12886_-_HALL_Michael.pdf- ./SoS_Decision_-_12886_-_HALL_Michael.pdf: iii. by having sexual intercourse on one occasion or more in the store room ./SoS_Decision_-_12886_-_HALL_Michael.pdf- adjacent to his classroom; ./SoS_Decision_-_12886_-_HALL_Michael.pdf- ./SoS_Decision_-_12886_-_HALL_Michael.pdf-The panel did not hear from this witness. She was not called to give evidence. The ./SoS_Decision_-_12886_-_HALL_Michael.pdf-National College rely principally on her signed witness statement at pp.24-29 of the case ./SoS_Decision_-_12886_-_HALL_Michael.pdf-papers. The statement contains the factual assertions on which this particular is based ./SoS_Decision_-_12886_-_HALL_Michael.pdf:and accounts of the various acts of sexual activity set out at i, ii, and iii above. Mr Hall ./SoS_Decision_-_12886_-_HALL_Michael.pdf-denies absolutely that he had any physical relationship at any time with this witness. He ./SoS_Decision_-_12886_-_HALL_Michael.pdf-says it didn't happen. He also points out that in her first disciplinary investigation ./SoS_Decision_-_12886_-_HALL_Michael.pdf-interview, Person A denied that she had had a relationship with him and changed her ./SoS_Decision_-_12886_-_HALL_Michael.pdf-account after she had met later on the same day with Witness A. Witness A was asked ./SoS_Decision_-_12886_-_HALL_Michael.pdf-about that meeting and described engaging Person A in conversation as it was clear to ./SoS_Decision_-_12886_-_HALL_Michael.pdf- ./SoS_Decision_-_12886_-_HALL_Michael.pdf- ./SoS_Decision_-_12886_-_HALL_Michael.pdf- 20 ./SoS_Decision_-_12886_-_HALL_Michael.pdf- -- ./SoS_Decision_-_12886_-_HALL_Michael.pdf-Witness A that Person A appeared to be greatly troubled in the interview with the ./SoS_Decision_-_12886_-_HALL_Michael.pdf-headteacher which had just taken place. In a later investigation interview on 6 May with ./SoS_Decision_-_12886_-_HALL_Michael.pdf:Witness A (pp.316 -317) Person A describes the sexual relationship which developed ./SoS_Decision_-_12886_-_HALL_Michael.pdf-with Mr Hall and explained that she had not felt able to say anything to Witness B at the ./SoS_Decision_-_12886_-_HALL_Michael.pdf-previous interview because she felt disgusted with herself. ./SoS_Decision_-_12886_-_HALL_Michael.pdf- ./SoS_Decision_-_12886_-_HALL_Michael.pdf-The panel has considered carefully Person A's witness statement. If it is wrong, as Mr ./SoS_Decision_-_12886_-_HALL_Michael.pdf-Hall suggests, it must be fabricated. There is detail contained in it which allows no room ./SoS_Decision_-_12886_-_HALL_Michael.pdf-for mistake in the view of the panel. Person A must know whether or not she engaged ./SoS_Decision_-_12886_-_HALL_Michael.pdf:with Mr Hall in the sexual activities particularised and in the school locations specified. ./SoS_Decision_-_12886_-_HALL_Michael.pdf- ./SoS_Decision_-_12886_-_HALL_Michael.pdf-The statement contains a significant number of the elements describing the development ./SoS_Decision_-_12886_-_HALL_Michael.pdf-of her relationship with Mr Hall which are common to and resonate with the accounts ./SoS_Decision_-_12886_-_HALL_Michael.pdf-described above given by Persons B to F. There is the same readily identifiable pattern ./SoS_Decision_-_12886_-_HALL_Michael.pdf-of conduct. ./SoS_Decision_-_12886_-_HALL_Michael.pdf- ./SoS_Decision_-_12886_-_HALL_Michael.pdf-The panel has already rejected the claim made by Mr Hall that statements of other ./SoS_Decision_-_12886_-_HALL_Michael.pdf-witnesses in this case have been fabricated and that the School has "manufactured" ./SoS_Decision_-_12886_-_HALL_Michael.pdf-evidence. In addition, the panel recognises that Person A's disclosure of this alleged ./SoS_Decision_-_12886_-_HALL_Michael.pdf:relationship and sexual activity on School premises and in school hours would inevitably ./SoS_Decision_-_12886_-_HALL_Michael.pdf-lead to disciplinary action being taken against her. ./SoS_Decision_-_12886_-_HALL_Michael.pdf- ./SoS_Decision_-_12886_-_HALL_Michael.pdf-There is also evidence in the case papers from other witnesses not called at the hearing ./SoS_Decision_-_12886_-_HALL_Michael.pdf-that Person A had, some time previously, confided that she was engaged in a ./SoS_Decision_-_12886_-_HALL_Michael.pdf-relationship with Mr Hall. At p.346 of the case papers in her investigation interview with ./SoS_Decision_-_12886_-_HALL_Michael.pdf-Witness A on 16 April 2014 Individual D says that Person A" just told me that she was ./SoS_Decision_-_12886_-_HALL_Michael.pdf:seeing Mr Hall and that they were having sex, but the relationship was taking place in ./SoS_Decision_-_12886_-_HALL_Michael.pdf-School". ./SoS_Decision_-_12886_-_HALL_Michael.pdf- ./SoS_Decision_-_12886_-_HALL_Michael.pdf-Earlier in the same interview she says “Person A spent a lot of time down in B Block, ./SoS_Decision_-_12886_-_HALL_Michael.pdf-once she arrived late to my lesson, she was supporting a student, she was all red and ./SoS_Decision_-_12886_-_HALL_Michael.pdf-flustered. I asked her if she was alright, clearly she wasn't. I took her into the store ./SoS_Decision_-_12886_-_HALL_Michael.pdf-cupboard, that's when she told me that she was seeing Mr Hall, she had tears in her ./SoS_Decision_-_12886_-_HALL_Michael.pdf-eyes, I said "Oh my God Person A, what are you doing?". ./SoS_Decision_-_12886_-_HALL_Michael.pdf- ./SoS_Decision_-_12886_-_HALL_Michael.pdf-In her investigation interview on 1 May 2014 Individual E also says that she was told by ./SoS_Decision_-_12886_-_HALL_Michael.pdf:Person A that she was having a sexual relationship with Mr Hall in School and at her ./SoS_Decision_-_12886_-_HALL_Michael.pdf-home. She disclosed it was happening in a cupboard and in the cellar. Person A said ./SoS_Decision_-_12886_-_HALL_Michael.pdf-intercourse took place in school regularly in his office/store cupboard pp.364-5. ./SoS_Decision_-_12886_-_HALL_Michael.pdf- ./SoS_Decision_-_12886_-_HALL_Michael.pdf-Person D's witness statement contains the following: "At some point I became aware that ./SoS_Decision_-_12886_-_HALL_Michael.pdf:Mr Hall was seeing Person A and that they were having a sexual relationship………..My ./SoS_Decision_-_12886_-_HALL_Michael.pdf-friendship with Person A suffered and I felt in the middle because I knew she was seeing ./SoS_Decision_-_12886_-_HALL_Michael.pdf-Mr Hall but he still wanted me. I think she thought I was doing things to attract Mr Hall's ./SoS_Decision_-_12886_-_HALL_Michael.pdf- ./SoS_Decision_-_12886_-_HALL_Michael.pdf- ./SoS_Decision_-_12886_-_HALL_Michael.pdf- ./SoS_Decision_-_12886_-_HALL_Michael.pdf- 21 ./SoS_Decision_-_12886_-_HALL_Michael.pdf- -- ./SoS_Decision_-_12886_-_HALL_Michael.pdf-attention." She goes on to say Mr Hall "said something about how he would leave me ./SoS_Decision_-_12886_-_HALL_Michael.pdf-alone because Person A was willing and I wasn't". ./SoS_Decision_-_12886_-_HALL_Michael.pdf- ./SoS_Decision_-_12886_-_HALL_Michael.pdf-These additional, independent, corroborative pieces of evidence persuade the panel that ./SoS_Decision_-_12886_-_HALL_Michael.pdf-the written statement of Person A is truthful and accurate both as to the existence of a ./SoS_Decision_-_12886_-_HALL_Michael.pdf:sexual relationship between Mr Hall and Person A and in relation to her account of the ./SoS_Decision_-_12886_-_HALL_Michael.pdf:sexual activity that took place and where it occurred. Accordingly the panel finds this ./SoS_Decision_-_12886_-_HALL_Michael.pdf-particular proved. ./SoS_Decision_-_12886_-_HALL_Michael.pdf- ./SoS_Decision_-_12886_-_HALL_Michael.pdf-The panel has found the following particulars of the allegations against Mr Hall not ./SoS_Decision_-_12886_-_HALL_Michael.pdf-proven, for these reasons: ./SoS_Decision_-_12886_-_HALL_Michael.pdf- ./SoS_Decision_-_12886_-_HALL_Michael.pdf- f. disregarded a reasonable management instruction, in that he contacted ./SoS_Decision_-_12886_-_HALL_Michael.pdf- Person A on one or more occasions after 14 January 2014, despite having ./SoS_Decision_-_12886_-_HALL_Michael.pdf- been told by the headteacher that he was not to have contact with school ./SoS_Decision_-_12886_-_HALL_Michael.pdf- staff without the headteacher's prior agreement; ./SoS_Decision_-_12886_-_HALL_Michael.pdf- -- ./SoS_Decision_-_12886_-_HALL_Michael.pdf- ./SoS_Decision_-_12886_-_HALL_Michael.pdf-- misrepresented to his headteacher the full extent and nature of his criminal convictions ./SoS_Decision_-_12886_-_HALL_Michael.pdf-in order to preserve his job ./SoS_Decision_-_12886_-_HALL_Michael.pdf- ./SoS_Decision_-_12886_-_HALL_Michael.pdf-- been involved in making unacceptable personal comments made to students in class ./SoS_Decision_-_12886_-_HALL_Michael.pdf- ./SoS_Decision_-_12886_-_HALL_Michael.pdf-- been involved in unjustified physical contact with students in a variety of ./SoS_Decision_-_12886_-_HALL_Michael.pdf-circumstances ./SoS_Decision_-_12886_-_HALL_Michael.pdf- ./SoS_Decision_-_12886_-_HALL_Michael.pdf-- been involved in physical contact and making remarks to female members of staff which ./SoS_Decision_-_12886_-_HALL_Michael.pdf:were unacceptable, caused offence and amounted to sexual harassment ./SoS_Decision_-_12886_-_HALL_Michael.pdf- ./SoS_Decision_-_12886_-_HALL_Michael.pdf:- been involved in sexual activity with a member of staff on school premises, in school ./SoS_Decision_-_12886_-_HALL_Michael.pdf-time on a number of occasions. ./SoS_Decision_-_12886_-_HALL_Michael.pdf- ./SoS_Decision_-_12886_-_HALL_Michael.pdf-In totality the panel's view is that these behaviours fall significantly short of the standard ./SoS_Decision_-_12886_-_HALL_Michael.pdf-of behaviour expected of a teacher. ./SoS_Decision_-_12886_-_HALL_Michael.pdf- ./SoS_Decision_-_12886_-_HALL_Michael.pdf-Accordingly, the panel is satisfied that the teacher is guilty of unacceptable professional ./SoS_Decision_-_12886_-_HALL_Michael.pdf-conduct. ./SoS_Decision_-_12886_-_HALL_Michael.pdf- ./SoS_Decision_-_12886_-_HALL_Michael.pdf-The panel has taken into account how the teaching profession is viewed by others and ./SoS_Decision_-_12886_-_HALL_Michael.pdf-considered the influence that teachers may have on pupils, parents and others in the -- ./SoS_Decision_-_12886_-_HALL_Michael.pdf-measure, and whether it is in the public interest to do so. Prohibition orders should not be ./SoS_Decision_-_12886_-_HALL_Michael.pdf-given in order to be punitive, or to show that blame has been apportioned, although they ./SoS_Decision_-_12886_-_HALL_Michael.pdf-are likely to have punitive effect. ./SoS_Decision_-_12886_-_HALL_Michael.pdf- ./SoS_Decision_-_12886_-_HALL_Michael.pdf-The panel has considered the particular public interest considerations set out in the ./SoS_Decision_-_12886_-_HALL_Michael.pdf-Advice and having done so has found all elements of the public interest to be engaged in ./SoS_Decision_-_12886_-_HALL_Michael.pdf-this case, namely the protection of pupils, the protection of other members of the public, ./SoS_Decision_-_12886_-_HALL_Michael.pdf-the maintenance of public confidence in the profession and declaring and upholding ./SoS_Decision_-_12886_-_HALL_Michael.pdf-proper standards of conduct. ./SoS_Decision_-_12886_-_HALL_Michael.pdf- ./SoS_Decision_-_12886_-_HALL_Michael.pdf:In light of the panel’s findings against Mr Hall, which involved findings of sexual ./SoS_Decision_-_12886_-_HALL_Michael.pdf:impropriety on School premises, sexual harassment of junior colleagues , inappropriate ./SoS_Decision_-_12886_-_HALL_Michael.pdf-comments and conduct towards students and a lack of openness in disclosing details of ./SoS_Decision_-_12886_-_HALL_Michael.pdf-previous criminal offences there is a strong public interest consideration in maintaining ./SoS_Decision_-_12886_-_HALL_Michael.pdf-public confidence in the profession and declaring and upholding proper standards of ./SoS_Decision_-_12886_-_HALL_Michael.pdf-conduct. ./SoS_Decision_-_12886_-_HALL_Michael.pdf- ./SoS_Decision_-_12886_-_HALL_Michael.pdf-There is a further public interest consideration in respect of the protection of pupils given ./SoS_Decision_-_12886_-_HALL_Michael.pdf-the panel's findings in relation to Mr Hall's classroom management which involved ./SoS_Decision_-_12886_-_HALL_Michael.pdf-inappropriate comments and physical contact with students which caused many of them ./SoS_Decision_-_12886_-_HALL_Michael.pdf- ./SoS_Decision_-_12886_-_HALL_Michael.pdf- 24 -- ./SoS_Decision_-_12886_-_HALL_Michael.pdf-to feel uncomfortable. The panel, however, does not judge that Mr Hall's style of class ./SoS_Decision_-_12886_-_HALL_Michael.pdf-management, which it is clear that he did not regard as inappropriate, would have ./SoS_Decision_-_12886_-_HALL_Michael.pdf-seriously affected the education or wellbeing of pupils. It was, however, inappropriate. ./SoS_Decision_-_12886_-_HALL_Michael.pdf- ./SoS_Decision_-_12886_-_HALL_Michael.pdf-The panel considers that public confidence in the profession could be seriously ./SoS_Decision_-_12886_-_HALL_Michael.pdf:weakened if conduct such as that found against Mr Hall towards students and his sexual ./SoS_Decision_-_12886_-_HALL_Michael.pdf-harassment of more junior members of staff were not treated with seriousness when ./SoS_Decision_-_12886_-_HALL_Michael.pdf-regulating the conduct of the profession. It is clear that a number of the adult witnesses ./SoS_Decision_-_12886_-_HALL_Michael.pdf-who gave evidence in this case in the face of Mr Hall's entrenched denials have been ./SoS_Decision_-_12886_-_HALL_Michael.pdf-very badly affected by their interaction with him and even now – many months after these ./SoS_Decision_-_12886_-_HALL_Michael.pdf-events – are still evidently distressed by the consequences of their involvement with him. ./SoS_Decision_-_12886_-_HALL_Michael.pdf- ./SoS_Decision_-_12886_-_HALL_Michael.pdf-Notwithstanding the clear public interest considerations that were present, the panel has ./SoS_Decision_-_12886_-_HALL_Michael.pdf-considered carefully whether or not it would be proportionate to impose a prohibition ./SoS_Decision_-_12886_-_HALL_Michael.pdf-order taking into account the effect that this would have on Mr Hall. ./SoS_Decision_-_12886_-_HALL_Michael.pdf- -- ./SoS_Decision_-_12886_-_HALL_Michael.pdf- ./SoS_Decision_-_12886_-_HALL_Michael.pdf-  serious departure from the personal and professional conduct elements of the ./SoS_Decision_-_12886_-_HALL_Michael.pdf- Teachers’ Standards; ./SoS_Decision_-_12886_-_HALL_Michael.pdf-  a deep-seated attitude that leads to harmful behaviour;( particularly in this case in ./SoS_Decision_-_12886_-_HALL_Michael.pdf- relation to the teaching assistants as the evidence demonstrates that he behaved ./SoS_Decision_-_12886_-_HALL_Michael.pdf- towards them repeatedly in a sustained way that was wholly unacceptable and ./SoS_Decision_-_12886_-_HALL_Michael.pdf- caused them significant distress). ./SoS_Decision_-_12886_-_HALL_Michael.pdf-  violation of the rights of pupils; ./SoS_Decision_-_12886_-_HALL_Michael.pdf-  deliberate behaviour that undermines pupils, the profession, the school or ./SoS_Decision_-_12886_-_HALL_Michael.pdf- colleagues; ./SoS_Decision_-_12886_-_HALL_Michael.pdf:  sexual misconduct, ./SoS_Decision_-_12886_-_HALL_Michael.pdf-Even though there were behaviours that would point to a prohibition order being ./SoS_Decision_-_12886_-_HALL_Michael.pdf-appropriate, the panel has considered whether or not there were sufficient mitigating ./SoS_Decision_-_12886_-_HALL_Michael.pdf-factors to militate against a prohibition order being an appropriate and proportionate ./SoS_Decision_-_12886_-_HALL_Michael.pdf-measure to impose, particularly taking into account the nature and severity of the ./SoS_Decision_-_12886_-_HALL_Michael.pdf-behaviour in this case. There is no evidence before the panel that the teacher's ./SoS_Decision_-_12886_-_HALL_Michael.pdf-behaviour was anything other than deliberate. There is no evidence to suggest he was ./SoS_Decision_-_12886_-_HALL_Michael.pdf-acting under duress. The panel is told that no previous findings are recorded against Mr ./SoS_Decision_-_12886_-_HALL_Michael.pdf-Hall but the panel has no other positive information as to his previous record in the ./SoS_Decision_-_12886_-_HALL_Michael.pdf-teaching profession and is therefore unable to judge whether the teacher has a previous ./SoS_Decision_-_12886_-_HALL_Michael.pdf-good history. The panel has also not been provided with any references or testimonials. -- ./SoS_Decision_-_12886_-_HALL_Michael.pdf-The panel also notes that the incidents and behaviours that have brought Mr Hall before ./SoS_Decision_-_12886_-_HALL_Michael.pdf-this conduct hearing span over 5 years. The panel has found the vast majority of the ./SoS_Decision_-_12886_-_HALL_Michael.pdf:particulars proved in the face of claims by Mr Hall that the sexual allegations had not ./SoS_Decision_-_12886_-_HALL_Michael.pdf-happened and, thus, that many of the witnesses have given false accounts on ./SoS_Decision_-_12886_-_HALL_Michael.pdf-oath/affirmation and that the School and its principal officers were engaged in ./SoS_Decision_-_12886_-_HALL_Michael.pdf-"manufacturing" evidence. ./SoS_Decision_-_12886_-_HALL_Michael.pdf- ./SoS_Decision_-_12886_-_HALL_Michael.pdf-The panel is of the view that prohibition is both proportionate and appropriate. This ./SoS_Decision_-_12886_-_HALL_Michael.pdf-recommendation is based on the cumulative impact of a number of different ./SoS_Decision_-_12886_-_HALL_Michael.pdf-unacceptable behaviours found proved spanning a very lengthy period. It also reflects the ./SoS_Decision_-_12886_-_HALL_Michael.pdf-panel's concerns over Mr Hall's lack of insight and deep seated attitude particularly in ./SoS_Decision_-_12886_-_HALL_Michael.pdf:relation to his sexual conduct with other colleagues in circumstances where he used his ./SoS_Decision_-_12886_-_HALL_Michael.pdf-professional position to influence and exploit them. The seriousness of this case is ./SoS_Decision_-_12886_-_HALL_Michael.pdf:aggravated by the fact that much of the sexual activity found proved against the teacher ./SoS_Decision_-_12886_-_HALL_Michael.pdf:occurred in and around the School premises and during School time. The sexual ./SoS_Decision_-_12886_-_HALL_Michael.pdf-harassment of the teaching assistants was targeted at junior colleagues some of whom ./SoS_Decision_-_12886_-_HALL_Michael.pdf:can be properly described as vulnerable. Some of the sexual activity with Person A also ./SoS_Decision_-_12886_-_HALL_Michael.pdf-occurred on the School site. Although the panel judges that the classroom management ./SoS_Decision_-_12886_-_HALL_Michael.pdf-issues and Mr Hall's behaviour towards his students was probably less damaging it also ./SoS_Decision_-_12886_-_HALL_Michael.pdf-contributes to our recommendation as does his lack of candour in the 2006 meetings with ./SoS_Decision_-_12886_-_HALL_Michael.pdf-Individual C which are well documented earlier in this report. ./SoS_Decision_-_12886_-_HALL_Michael.pdf- ./SoS_Decision_-_12886_-_HALL_Michael.pdf-In making this recommendation we have considered the available mitigation set out ./SoS_Decision_-_12886_-_HALL_Michael.pdf-above which we judge is very limited. ./SoS_Decision_-_12886_-_HALL_Michael.pdf- ./SoS_Decision_-_12886_-_HALL_Michael.pdf-The panel has also decided that although we find Mr Hall's previous convictions from ./SoS_Decision_-_12886_-_HALL_Michael.pdf-1997 to be "relevant convictions" as defined, the panel has disregarded these convictions ./SoS_Decision_-_12886_-_HALL_Michael.pdf-in making its recommendation for the imposition of a prohibition order. The panel ./SoS_Decision_-_12886_-_HALL_Michael.pdf-recognises that the offences occurred nearly 20 years ago before Mr Hall qualified as a ./SoS_Decision_-_12886_-_HALL_Michael.pdf-teacher, he has not re-offended and it is clear he is ashamed of the convictions and ./SoS_Decision_-_12886_-_HALL_Michael.pdf-regrets his behaviour. In all the circumstances the panel judges it would not be ./SoS_Decision_-_12886_-_HALL_Michael.pdf-proportionate to impose a prohibition order for these convictions. ./SoS_Decision_-_12886_-_HALL_Michael.pdf- ./SoS_Decision_-_12886_-_HALL_Michael.pdf-Finally, in deciding whether a review period should be allowed we have considered all ./SoS_Decision_-_12886_-_HALL_Michael.pdf-the reasons set out above. The Advice indicates that there are behaviours that, if proven, ./SoS_Decision_-_12886_-_HALL_Michael.pdf-would militate against a review period being recommended. One of these behaviours ./SoS_Decision_-_12886_-_HALL_Michael.pdf:involves serious sexual misconduct as disclosed here. The panel has also taken into ./SoS_Decision_-_12886_-_HALL_Michael.pdf-account the number of examples of unacceptable conduct exposed by the evidence in ./SoS_Decision_-_12886_-_HALL_Michael.pdf-this case together with our judgement that Mr Hall shows no insight into the gravity of his ./SoS_Decision_-_12886_-_HALL_Michael.pdf-behaviour, its impact on others affected by it and the public perception of how a teacher ./SoS_Decision_-_12886_-_HALL_Michael.pdf-is expected to conduct himself professionally. The panel has decided that it would be ./SoS_Decision_-_12886_-_HALL_Michael.pdf-proportionate in all the circumstances for the prohibition order to be recommended ./SoS_Decision_-_12886_-_HALL_Michael.pdf-without provisions for a review period. ./SoS_Decision_-_12886_-_HALL_Michael.pdf- ./SoS_Decision_-_12886_-_HALL_Michael.pdf- ./SoS_Decision_-_12886_-_HALL_Michael.pdf- ./SoS_Decision_-_12886_-_HALL_Michael.pdf- 26 -- ./SoS_Decision_-_12886_-_HALL_Michael.pdf- - misrepresented to his headteacher the full extent and nature of his criminal ./SoS_Decision_-_12886_-_HALL_Michael.pdf- convictions in order to preserve his job; ./SoS_Decision_-_12886_-_HALL_Michael.pdf- ./SoS_Decision_-_12886_-_HALL_Michael.pdf- - been involved in making unacceptable personal comments made to students in ./SoS_Decision_-_12886_-_HALL_Michael.pdf- class; ./SoS_Decision_-_12886_-_HALL_Michael.pdf- ./SoS_Decision_-_12886_-_HALL_Michael.pdf- - been involved in unjustified physical contact with students in a variety of ./SoS_Decision_-_12886_-_HALL_Michael.pdf- circumstances; ./SoS_Decision_-_12886_-_HALL_Michael.pdf- ./SoS_Decision_-_12886_-_HALL_Michael.pdf- - been involved in physical contact and making remarks to female members of ./SoS_Decision_-_12886_-_HALL_Michael.pdf: staff which were unacceptable, caused offence and amounted to sexual ./SoS_Decision_-_12886_-_HALL_Michael.pdf- harassment; ./SoS_Decision_-_12886_-_HALL_Michael.pdf- ./SoS_Decision_-_12886_-_HALL_Michael.pdf: - been involved in sexual activity with a member of staff on School premises, in ./SoS_Decision_-_12886_-_HALL_Michael.pdf- School time on a number of occasions. ./SoS_Decision_-_12886_-_HALL_Michael.pdf- ./SoS_Decision_-_12886_-_HALL_Michael.pdf-These findings show that Mr Hall has fallen far below the standards of behaviour the ./SoS_Decision_-_12886_-_HALL_Michael.pdf-public is entitled to expect of members of the teaching profession. Mr Hall's actions also ./SoS_Decision_-_12886_-_HALL_Michael.pdf-constitute conduct that may bring the profession into disrepute. ./SoS_Decision_-_12886_-_HALL_Michael.pdf- ./SoS_Decision_-_12886_-_HALL_Michael.pdf-I have taken into account the advice published by the Secretary of State which suggests ./SoS_Decision_-_12886_-_HALL_Michael.pdf-that a prohibition order may be appropriate if certain behaviours of a teacher have been ./SoS_Decision_-_12886_-_HALL_Michael.pdf-proven. In the list of such behaviours, those that are relevant in this case are: ./SoS_Decision_-_12886_-_HALL_Michael.pdf- -- ./SoS_Decision_-_12886_-_HALL_Michael.pdf-  deliberate behaviour that undermines pupils, the profession, the school or ./SoS_Decision_-_12886_-_HALL_Michael.pdf- colleagues; ./SoS_Decision_-_12886_-_HALL_Michael.pdf:  sexual misconduct. ./SoS_Decision_-_12886_-_HALL_Michael.pdf-For these reasons I support the recommendation of the panel that Mr Hall should be ./SoS_Decision_-_12886_-_HALL_Michael.pdf-subject to a prohibition order. I have also noted that in respect of the relevant convictions, ./SoS_Decision_-_12886_-_HALL_Michael.pdf-that the panel judges it would not be proportionate to impose a prohibition order for these ./SoS_Decision_-_12886_-_HALL_Michael.pdf-convictions. ./SoS_Decision_-_12886_-_HALL_Michael.pdf- ./SoS_Decision_-_12886_-_HALL_Michael.pdf-I have gone on to consider the issue of review. I have considered carefully the advice ./SoS_Decision_-_12886_-_HALL_Michael.pdf-published by the Secretary of State. That advice indicates that there are behaviours that, ./SoS_Decision_-_12886_-_HALL_Michael.pdf-if proven, would militate against a review period. One of these behaviours involves ./SoS_Decision_-_12886_-_HALL_Michael.pdf:serious sexual misconduct as disclosed here. The panel has also taken into account the ./SoS_Decision_-_12886_-_HALL_Michael.pdf-number of examples of unacceptable conduct exposed by the evidence in this case ./SoS_Decision_-_12886_-_HALL_Michael.pdf-together with its judgement that Mr Hall shows no insight into the gravity of his behaviour, ./SoS_Decision_-_12886_-_HALL_Michael.pdf-its impact on others affected by it and the public perception of how a teacher is expected ./SoS_Decision_-_12886_-_HALL_Michael.pdf-to conduct himself professionally. I agree with the panel that it is proportionate in all the ./SoS_Decision_-_12886_-_HALL_Michael.pdf-circumstances for the prohibition order to be without provision for a review period. ./SoS_Decision_-_12886_-_HALL_Michael.pdf- ./SoS_Decision_-_12886_-_HALL_Michael.pdf-This means that Mr Michael Hall is prohibited from teaching indefinitely and cannot ./SoS_Decision_-_12886_-_HALL_Michael.pdf-teach in any School, sixth form college, relevant youth accommodation or ./SoS_Decision_-_12886_-_HALL_Michael.pdf-children’s home in England. Furthermore, in view of the seriousness of the allegations ./SoS_Decision_-_12886_-_HALL_Michael.pdf-found proved against him, I have decided that Mr Michael Hall shall not be entitled to ./SoS_decision_-_Bryan__19412_.pdf-Allegations ./SoS_decision_-_Bryan__19412_.pdf-The panel considered the allegations set out in the notice of meeting dated 17 December ./SoS_decision_-_Bryan__19412_.pdf-2021. ./SoS_decision_-_Bryan__19412_.pdf- ./SoS_decision_-_Bryan__19412_.pdf-It was alleged that Mr Bryan was guilty of having been convicted of a relevant offence, in ./SoS_decision_-_Bryan__19412_.pdf-that: ./SoS_decision_-_Bryan__19412_.pdf- ./SoS_decision_-_Bryan__19412_.pdf-1. He was convicted at the Surrey Magistrates Court on 23 February 2021 for three ./SoS_decision_-_Bryan__19412_.pdf: counts of attempting to engage and/or engaging in sexual communications with a ./SoS_decision_-_Bryan__19412_.pdf- child, contrary to Section 15a(1) of the Sexual Offenders Act 2003, for which he was ./SoS_decision_-_Bryan__19412_.pdf- given a suspended period of four months imprisonment which was wholly suspended ./SoS_decision_-_Bryan__19412_.pdf: for 24 months, ordered to undertake a rehabilitation activity, issued a sexual harm ./SoS_decision_-_Bryan__19412_.pdf: prevention order for ten years, issued a sex offenders notice to remain in place for ./SoS_decision_-_Bryan__19412_.pdf- ten years and ordered to pay a surcharge to fund victim services of £156.00 and ./SoS_decision_-_Bryan__19412_.pdf- costs of £85.00. ./SoS_decision_-_Bryan__19412_.pdf- ./SoS_decision_-_Bryan__19412_.pdf-Mr Bryan admitted the facts of allegation 1 and that his behaviour amounted to a ./SoS_decision_-_Bryan__19412_.pdf-conviction of a relevant offence, as set out in the response to the notice of referral dated ./SoS_decision_-_Bryan__19412_.pdf-19 August 2021, and in the statement of agreed facts signed by Mr Bryan on 21 October ./SoS_decision_-_Bryan__19412_.pdf-2021. ./SoS_decision_-_Bryan__19412_.pdf- ./SoS_decision_-_Bryan__19412_.pdf- ./SoS_decision_-_Bryan__19412_.pdf-Preliminary applications -- ./SoS_decision_-_Bryan__19412_.pdf-police. The School was notified by the LADO of Mr Bryan’s arrest. ./SoS_decision_-_Bryan__19412_.pdf- ./SoS_decision_-_Bryan__19412_.pdf-Mr Bryan was suspended from his role at the School and an allegations against staff and ./SoS_decision_-_Bryan__19412_.pdf-volunteers meeting was held on 6 May 2020. Mr Bryan later resigned from his position at ./SoS_decision_-_Bryan__19412_.pdf-the School, on 5 June 2020. ./SoS_decision_-_Bryan__19412_.pdf- ./SoS_decision_-_Bryan__19412_.pdf-A second allegations against staff and volunteers meeting was held on 23 June 2020. Mr ./SoS_decision_-_Bryan__19412_.pdf-Bryan was also interviewed by the police on a second occasion, on 7 July 2020. A ./SoS_decision_-_Bryan__19412_.pdf-disciplinary hearing was held on 14 July 2020. ./SoS_decision_-_Bryan__19412_.pdf- ./SoS_decision_-_Bryan__19412_.pdf:Mr Bryan was convicted of three counts of attempting to engage in sexual ./SoS_decision_-_Bryan__19412_.pdf-communications with a child, on 23 February 2021. ./SoS_decision_-_Bryan__19412_.pdf- ./SoS_decision_-_Bryan__19412_.pdf-Findings of fact ./SoS_decision_-_Bryan__19412_.pdf- ./SoS_decision_-_Bryan__19412_.pdf-The findings of fact are as follows: ./SoS_decision_-_Bryan__19412_.pdf- ./SoS_decision_-_Bryan__19412_.pdf-The panel found the following particulars of the allegation against you proved, for these ./SoS_decision_-_Bryan__19412_.pdf-reasons: ./SoS_decision_-_Bryan__19412_.pdf- ./SoS_decision_-_Bryan__19412_.pdf- 5 -- ./SoS_decision_-_Bryan__19412_.pdf-1. You were convicted at the Surrey Magistrates Court on 23 February 2021 for ./SoS_decision_-_Bryan__19412_.pdf: three counts of attempting to engage and/or engaging in sexual ./SoS_decision_-_Bryan__19412_.pdf- communications with a child, contrary to Section 15a(1) of the Sexual ./SoS_decision_-_Bryan__19412_.pdf- Offenders Act 2003, for which you were given a suspended period of four ./SoS_decision_-_Bryan__19412_.pdf- months imprisonment which was wholly suspended for 24 months, ordered to ./SoS_decision_-_Bryan__19412_.pdf: undertake a rehabilitation activity, issued a sexual harm prevention order for ./SoS_decision_-_Bryan__19412_.pdf: ten years, issued a sex offenders notice to remain in place for ten years and ./SoS_decision_-_Bryan__19412_.pdf- ordered to pay costs of £156.00 and £85.00. ./SoS_decision_-_Bryan__19412_.pdf- ./SoS_decision_-_Bryan__19412_.pdf-The panel noted page 8 of the Teacher Misconduct: The Prohibition of Teachers (“the ./SoS_decision_-_Bryan__19412_.pdf-Advice”) which states that where there has been a conviction at any time of a criminal ./SoS_decision_-_Bryan__19412_.pdf-offence, the hearing will not re-examine the facts of the case and the panel will accept ./SoS_decision_-_Bryan__19412_.pdf-the conviction as conclusive proof that establishes the relevant fact. ./SoS_decision_-_Bryan__19412_.pdf- ./SoS_decision_-_Bryan__19412_.pdf-The panel had been provided with a copy of the certificate of conviction from the Surrey ./SoS_decision_-_Bryan__19412_.pdf-Magistrates’ Court, which detailed that Mr Bryan had pleaded guilty and been convicted ./SoS_decision_-_Bryan__19412_.pdf:of three counts of attempting to engage in sexual communication with a child. ./SoS_decision_-_Bryan__19412_.pdf- ./SoS_decision_-_Bryan__19412_.pdf-In addition, the panel noted that within the statement of agreed facts, signed by Mr Bryan ./SoS_decision_-_Bryan__19412_.pdf-on 21 October 2021, Mr Bryan admitted the facts of allegation 1. ./SoS_decision_-_Bryan__19412_.pdf- ./SoS_decision_-_Bryan__19412_.pdf-On examination of the documents before the panel, including the record of the police ./SoS_decision_-_Bryan__19412_.pdf-interview, the statement of agreed facts and the certificate of conviction, the panel was ./SoS_decision_-_Bryan__19412_.pdf-satisfied that the facts of allegation 1 were proven. ./SoS_decision_-_Bryan__19412_.pdf- ./SoS_decision_-_Bryan__19412_.pdf-Findings as to a conviction of a relevant offence ./SoS_decision_-_Bryan__19412_.pdf- -- ./SoS_decision_-_Bryan__19412_.pdf- • Teachers must have proper and professional regard for the ethos, policies and ./SoS_decision_-_Bryan__19412_.pdf- practices of the school in which they teach… ./SoS_decision_-_Bryan__19412_.pdf- ./SoS_decision_-_Bryan__19412_.pdf- • Teachers must have an understanding of, and always act within, the statutory ./SoS_decision_-_Bryan__19412_.pdf- frameworks which set out their professional duties and responsibilities. ./SoS_decision_-_Bryan__19412_.pdf- ./SoS_decision_-_Bryan__19412_.pdf-The panel noted that the offence had taken place outside of the school setting and had ./SoS_decision_-_Bryan__19412_.pdf-not involved pupils from the School where Mr Bryan worked or other members of staff. ./SoS_decision_-_Bryan__19412_.pdf-However, the panel concluded that Mr Bryan’s actions were relevant to teaching, working ./SoS_decision_-_Bryan__19412_.pdf-with children and/or working in an education setting in that Mr Bryan had attempted to ./SoS_decision_-_Bryan__19412_.pdf:engage in sexual communication with children, who each stated that they were 13 years ./SoS_decision_-_Bryan__19412_.pdf-of age. Further, Mr Bryan was responsible for teaching individuals of that age. ./SoS_decision_-_Bryan__19412_.pdf- ./SoS_decision_-_Bryan__19412_.pdf-The panel noted that the behaviour involved in committing the offence could have had an ./SoS_decision_-_Bryan__19412_.pdf-impact on the safety or security of pupils and/or members of the public. ./SoS_decision_-_Bryan__19412_.pdf- ./SoS_decision_-_Bryan__19412_.pdf-The panel also took account of the way the teaching profession is viewed by others. The ./SoS_decision_-_Bryan__19412_.pdf-panel considered that Mr Bryan’s behaviour in committing the offence could affect public ./SoS_decision_-_Bryan__19412_.pdf-confidence in the teaching profession, given the influence that teachers may have on ./SoS_decision_-_Bryan__19412_.pdf-pupils, parents and others in the community. ./SoS_decision_-_Bryan__19412_.pdf- ./SoS_decision_-_Bryan__19412_.pdf-The panel noted that Mr Bryan’s behaviour ultimately led to a sentence of imprisonment, ./SoS_decision_-_Bryan__19412_.pdf-(albeit that it was suspended), which was indicative of the seriousness of the offences ./SoS_decision_-_Bryan__19412_.pdf-committed. ./SoS_decision_-_Bryan__19412_.pdf- ./SoS_decision_-_Bryan__19412_.pdf:This was a case involving an offence of a sexual nature, which the Advice states is more ./SoS_decision_-_Bryan__19412_.pdf-likely to be considered a relevant offence. ./SoS_decision_-_Bryan__19412_.pdf- ./SoS_decision_-_Bryan__19412_.pdf-The panel found that the seriousness of the offending behaviour that led to the conviction ./SoS_decision_-_Bryan__19412_.pdf-was relevant to Mr Bryan’s ongoing suitability to teach. The panel considered that a ./SoS_decision_-_Bryan__19412_.pdf-finding that this conviction was for a relevant offence was necessary to reaffirm clear ./SoS_decision_-_Bryan__19412_.pdf-standards of conduct so as to maintain public confidence in the teaching profession. ./SoS_decision_-_Bryan__19412_.pdf- ./SoS_decision_-_Bryan__19412_.pdf- ./SoS_decision_-_Bryan__19412_.pdf-Panel’s recommendation to the Secretary of State ./SoS_decision_-_Bryan__19412_.pdf-In considering whether to recommend to the Secretary of State that a prohibition order -- ./SoS_decision_-_Bryan__19412_.pdf-The panel had regard to the particular public interest considerations set out in the Advice ./SoS_decision_-_Bryan__19412_.pdf-and, having done so, found a number of them to be relevant in this case, namely: the ./SoS_decision_-_Bryan__19412_.pdf-protection of pupils, the protection of other members of the public, the maintenance of ./SoS_decision_-_Bryan__19412_.pdf-public confidence in the profession and declaring and upholding proper standards of ./SoS_decision_-_Bryan__19412_.pdf-conduct. ./SoS_decision_-_Bryan__19412_.pdf- ./SoS_decision_-_Bryan__19412_.pdf-In the light of the panel’s findings against Mr Bryan, which involved finding that he had ./SoS_decision_-_Bryan__19412_.pdf:been convicted of three counts of attempting to engage in sexual communication with a ./SoS_decision_-_Bryan__19412_.pdf-child, there was a strong public interest consideration in respect of the protection of ./SoS_decision_-_Bryan__19412_.pdf-pupils. ./SoS_decision_-_Bryan__19412_.pdf- ./SoS_decision_-_Bryan__19412_.pdf-Similarly, the panel considered that public confidence in the profession could be seriously ./SoS_decision_-_Bryan__19412_.pdf-weakened if conduct such as that found against Mr Bryan were not treated with the ./SoS_decision_-_Bryan__19412_.pdf-utmost seriousness when regulating the conduct of the profession. ./SoS_decision_-_Bryan__19412_.pdf- ./SoS_decision_-_Bryan__19412_.pdf-The panel decided that a strong public interest consideration in declaring proper ./SoS_decision_-_Bryan__19412_.pdf-standards of conduct in the profession was also present as the conduct found against Mr ./SoS_decision_-_Bryan__19412_.pdf-Bryan was outside that which could reasonably be tolerated. -- ./SoS_decision_-_Bryan__19412_.pdf- ./SoS_decision_-_Bryan__19412_.pdf- • serious departure from the personal and professional conduct elements of the ./SoS_decision_-_Bryan__19412_.pdf- Teachers’ Standards; ./SoS_decision_-_Bryan__19412_.pdf- ./SoS_decision_-_Bryan__19412_.pdf- • misconduct seriously affecting the education and/or well-being of pupils, and ./SoS_decision_-_Bryan__19412_.pdf- particularly where there is a continuing risk; ./SoS_decision_-_Bryan__19412_.pdf- ./SoS_decision_-_Bryan__19412_.pdf- • abuse of position or trust (particularly involving vulnerable pupils) or violation of the ./SoS_decision_-_Bryan__19412_.pdf- rights of pupils; ./SoS_decision_-_Bryan__19412_.pdf- ./SoS_decision_-_Bryan__19412_.pdf: • sexual misconduct, for example, involving actions that were sexually motivated or ./SoS_decision_-_Bryan__19412_.pdf: of a sexual nature and/or that use or exploit the trust, knowledge or influence ./SoS_decision_-_Bryan__19412_.pdf- derived from the individual’s professional position; ./SoS_decision_-_Bryan__19412_.pdf- ./SoS_decision_-_Bryan__19412_.pdf- • the commission of a serious criminal offence, including those that resulted in a ./SoS_decision_-_Bryan__19412_.pdf- conviction or caution, paying particular attention to offences that are ‘relevant ./SoS_decision_-_Bryan__19412_.pdf- matters’ for the purposes of The Police Act 1997 and criminal record disclosures. ./SoS_decision_-_Bryan__19412_.pdf- ./SoS_decision_-_Bryan__19412_.pdf- 8 ./SoS_decision_-_Bryan__19412_.pdf- -- ./SoS_decision_-_Bryan__19412_.pdf-immediate effect. ./SoS_decision_-_Bryan__19412_.pdf- ./SoS_decision_-_Bryan__19412_.pdf-The panel went on to consider whether or not it would be appropriate to recommend that ./SoS_decision_-_Bryan__19412_.pdf-a review period of the order should be considered. The panel was mindful that the Advice ./SoS_decision_-_Bryan__19412_.pdf-states that a prohibition order applies for life, but there may be circumstances, in any ./SoS_decision_-_Bryan__19412_.pdf-given case, that may make it appropriate to allow a teacher to apply to have the ./SoS_decision_-_Bryan__19412_.pdf-prohibition order reviewed after a specified period of time that may not be less than 2 ./SoS_decision_-_Bryan__19412_.pdf-years. ./SoS_decision_-_Bryan__19412_.pdf- ./SoS_decision_-_Bryan__19412_.pdf-The Advice indicates that there are behaviours that, if proved, would militate against the ./SoS_decision_-_Bryan__19412_.pdf:recommendation of a review period. One of these behaviours include serious sexual ./SoS_decision_-_Bryan__19412_.pdf:misconduct, such as where the act was sexually motivated and resulted in or had the ./SoS_decision_-_Bryan__19412_.pdf-potential to result in, harm to a person or persons, particularly where the individual has ./SoS_decision_-_Bryan__19412_.pdf-used his professional position to influence or exploit a person or persons. The panel ./SoS_decision_-_Bryan__19412_.pdf- ./SoS_decision_-_Bryan__19412_.pdf- ./SoS_decision_-_Bryan__19412_.pdf- ./SoS_decision_-_Bryan__19412_.pdf- 9 ./SoS_decision_-_Bryan__19412_.pdf- -- ./SoS_decision_-_Bryan__19412_.pdf:found that Mr Bryan was responsible for three counts of attempting to engage in sexual ./SoS_decision_-_Bryan__19412_.pdf:communications with a child and considered that this was serious sexual misconduct. ./SoS_decision_-_Bryan__19412_.pdf- ./SoS_decision_-_Bryan__19412_.pdf-The panel decided that the findings indicated a situation in which a review period would ./SoS_decision_-_Bryan__19412_.pdf-not be appropriate, in particular due to the seriousness of the convictions and Mr Bryan’s ./SoS_decision_-_Bryan__19412_.pdf-lack of remorse, and, as such, decided that it would be proportionate in all the ./SoS_decision_-_Bryan__19412_.pdf-circumstances for the prohibition order to be recommended without provisions for a ./SoS_decision_-_Bryan__19412_.pdf-review period. ./SoS_decision_-_Bryan__19412_.pdf- ./SoS_decision_-_Bryan__19412_.pdf- ./SoS_decision_-_Bryan__19412_.pdf-Decision and reasons on behalf of the Secretary of State ./SoS_decision_-_Bryan__19412_.pdf-I have given very careful consideration to this case and to the recommendation of the -- ./SoS_decision_-_Bryan__19412_.pdf- • Teachers must have proper and professional regard for the ethos, policies and ./SoS_decision_-_Bryan__19412_.pdf- practices of the school in which they teach… ./SoS_decision_-_Bryan__19412_.pdf- ./SoS_decision_-_Bryan__19412_.pdf- • Teachers must have an understanding of, and always act within, the statutory ./SoS_decision_-_Bryan__19412_.pdf- frameworks which set out their professional duties and responsibilities. ./SoS_decision_-_Bryan__19412_.pdf- ./SoS_decision_-_Bryan__19412_.pdf-The panel also “noted that the offence had taken place outside of the school setting and ./SoS_decision_-_Bryan__19412_.pdf-had not involved pupils from the School where Mr Bryan worked or other members of ./SoS_decision_-_Bryan__19412_.pdf-staff.” The panel also concluded that, “Mr Bryan’s actions were relevant to teaching, ./SoS_decision_-_Bryan__19412_.pdf-working with children and/or working in an education setting in that Mr Bryan had ./SoS_decision_-_Bryan__19412_.pdf:attempted to engage in sexual communication with children, who each stated that they ./SoS_decision_-_Bryan__19412_.pdf- ./SoS_decision_-_Bryan__19412_.pdf- 10 ./SoS_decision_-_Bryan__19412_.pdf- -- ./SoS_decision_-_Bryan__19412_.pdf-were 13 years of age. Further, Mr Bryan was responsible for teaching individuals of that ./SoS_decision_-_Bryan__19412_.pdf-age.” ./SoS_decision_-_Bryan__19412_.pdf- ./SoS_decision_-_Bryan__19412_.pdf-The findings of misconduct are particularly serious as they include a finding of a relevant ./SoS_decision_-_Bryan__19412_.pdf:conviction for attempting to engage in sexual communication with children. ./SoS_decision_-_Bryan__19412_.pdf- ./SoS_decision_-_Bryan__19412_.pdf-I have to determine whether the imposition of a prohibition order is proportionate and in ./SoS_decision_-_Bryan__19412_.pdf-the public interest. In considering that for this case, I have considered the overall aim of a ./SoS_decision_-_Bryan__19412_.pdf-prohibition order which is to protect pupils and to maintain public confidence in the ./SoS_decision_-_Bryan__19412_.pdf-profession. I have considered the extent to which a prohibition order in this case would ./SoS_decision_-_Bryan__19412_.pdf-achieve that aim taking into account the impact that it will have on the individual teacher. ./SoS_decision_-_Bryan__19412_.pdf-I have also asked myself, whether a less intrusive measure, such as the published ./SoS_decision_-_Bryan__19412_.pdf-finding of a relevant conviction would itself be sufficient to achieve the overall aim. I have ./SoS_decision_-_Bryan__19412_.pdf-to consider whether the consequences of such a publication are themselves sufficient. I ./SoS_decision_-_Bryan__19412_.pdf-have considered therefore whether or not prohibiting Mr Bryan, and the impact that will -- ./SoS_decision_-_Bryan__19412_.pdf-In my judgement, the lack of insight and remorse means that there is some risk of the ./SoS_decision_-_Bryan__19412_.pdf-repetition of this behaviour and this puts at risk the future well being of pupils. I have ./SoS_decision_-_Bryan__19412_.pdf-therefore given this element considerable weight in reaching my decision. ./SoS_decision_-_Bryan__19412_.pdf- ./SoS_decision_-_Bryan__19412_.pdf-I have gone on to consider the extent to which a prohibition order would maintain public ./SoS_decision_-_Bryan__19412_.pdf-confidence in the profession. The panel observe, “The panel considered that Mr Bryan’s ./SoS_decision_-_Bryan__19412_.pdf-behaviour in committing the offence could affect public confidence in the teaching ./SoS_decision_-_Bryan__19412_.pdf-profession, given the influence that teachers may have on pupils, parents and others in ./SoS_decision_-_Bryan__19412_.pdf-the community.” ./SoS_decision_-_Bryan__19412_.pdf- ./SoS_decision_-_Bryan__19412_.pdf:I am particularly mindful of the finding of a relevant conviction for attempted sexual ./SoS_decision_-_Bryan__19412_.pdf-communication with children in this case and the impact that such a finding has on the ./SoS_decision_-_Bryan__19412_.pdf-reputation of the profession. ./SoS_decision_-_Bryan__19412_.pdf- ./SoS_decision_-_Bryan__19412_.pdf-I have had to consider that the public has a high expectation of professional standards of ./SoS_decision_-_Bryan__19412_.pdf-all teachers and that the public might regard a failure to impose a prohibition order as a ./SoS_decision_-_Bryan__19412_.pdf-failure to uphold those high standards. In weighing these considerations, I have had to ./SoS_decision_-_Bryan__19412_.pdf- ./SoS_decision_-_Bryan__19412_.pdf- ./SoS_decision_-_Bryan__19412_.pdf- 11 ./SoS_decision_-_Bryan__19412_.pdf- -- ./SoS_decision_-_Bryan__19412_.pdf-proportionate response to the misconduct that has been found proven in this case. ./SoS_decision_-_Bryan__19412_.pdf- ./SoS_decision_-_Bryan__19412_.pdf-I have also considered the impact of a prohibition order on Mr Bryan himself. The panel ./SoS_decision_-_Bryan__19412_.pdf-comment “No documents were submitted to attest to Mr Bryan’s previous history as a ./SoS_decision_-_Bryan__19412_.pdf-teacher, nor were any documents submitted in the form of mitigation.” ./SoS_decision_-_Bryan__19412_.pdf- ./SoS_decision_-_Bryan__19412_.pdf-A prohibition order would prevent Mr Bryan from teaching and would also clearly deprive ./SoS_decision_-_Bryan__19412_.pdf-the public of his contribution to the profession for the period that it is in force. ./SoS_decision_-_Bryan__19412_.pdf- ./SoS_decision_-_Bryan__19412_.pdf-In this case, I have placed considerable weight on the panel’s comments “The panel ./SoS_decision_-_Bryan__19412_.pdf:found that Mr Bryan was responsible for three counts of attempting to engage in sexual ./SoS_decision_-_Bryan__19412_.pdf:communications with a child and considered that this was serious sexual misconduct.” ./SoS_decision_-_Bryan__19412_.pdf- ./SoS_decision_-_Bryan__19412_.pdf-I have given less weight in my consideration of sanction therefore, to the contribution that ./SoS_decision_-_Bryan__19412_.pdf-Mr Bryan has made to the profession. In my view, it is necessary to impose a prohibition ./SoS_decision_-_Bryan__19412_.pdf-order in order to maintain public confidence in the profession. A published decision, in ./SoS_decision_-_Bryan__19412_.pdf-light of the circumstances in this case, that is not backed up by remorse or insight, does ./SoS_decision_-_Bryan__19412_.pdf-not in my view satisfy the public interest requirement concerning public confidence in the ./SoS_decision_-_Bryan__19412_.pdf-profession. ./SoS_decision_-_Bryan__19412_.pdf- ./SoS_decision_-_Bryan__19412_.pdf-For these reasons, I have concluded that a prohibition order is proportionate and in the ./SoS_decision_-_Bryan__19412_.pdf-public interest in order to achieve the intended aims of a prohibition order. ./SoS_Decision_-_Ciaravella_16753.pdf-Teacher: Mr Oliver Ciaravella ./SoS_Decision_-_Ciaravella_16753.pdf- ./SoS_Decision_-_Ciaravella_16753.pdf-Teacher ref number: 0638897 ./SoS_Decision_-_Ciaravella_16753.pdf- ./SoS_Decision_-_Ciaravella_16753.pdf-Teacher date of birth: 11 July 1980 ./SoS_Decision_-_Ciaravella_16753.pdf- ./SoS_Decision_-_Ciaravella_16753.pdf-TRA reference: 16753 ./SoS_Decision_-_Ciaravella_16753.pdf- ./SoS_Decision_-_Ciaravella_16753.pdf-Date of determination: 25 October 2021 ./SoS_Decision_-_Ciaravella_16753.pdf- ./SoS_Decision_-_Ciaravella_16753.pdf:Former employer: Honywood Community School, Essex ./SoS_Decision_-_Ciaravella_16753.pdf- ./SoS_Decision_-_Ciaravella_16753.pdf- ./SoS_Decision_-_Ciaravella_16753.pdf-Introduction ./SoS_Decision_-_Ciaravella_16753.pdf-A professional conduct panel (“the panel”) of the Teaching Regulation Agency (“the ./SoS_Decision_-_Ciaravella_16753.pdf-TRA”) convened on 25 October 2021 by way of a virtual meeting, to consider the case of ./SoS_Decision_-_Ciaravella_16753.pdf-Mr Oliver Ciaravella. ./SoS_Decision_-_Ciaravella_16753.pdf- ./SoS_Decision_-_Ciaravella_16753.pdf-The panel members were Ms Claudette Salmon (teacher panellist – in the chair), Mr Alan ./SoS_Decision_-_Ciaravella_16753.pdf-Wells (former teacher panellist) and Ms Shabana Robertson (lay panellist). ./SoS_Decision_-_Ciaravella_16753.pdf- -- ./SoS_Decision_-_Ciaravella_16753.pdf-Allegations ./SoS_Decision_-_Ciaravella_16753.pdf-The panel considered the allegations set out in the notice of meeting dated 22 ./SoS_Decision_-_Ciaravella_16753.pdf-September 2021. ./SoS_Decision_-_Ciaravella_16753.pdf- ./SoS_Decision_-_Ciaravella_16753.pdf-It was alleged that Mr Ciaravella was guilty of having been convicted of a relevant ./SoS_Decision_-_Ciaravella_16753.pdf-offence, in that: ./SoS_Decision_-_Ciaravella_16753.pdf- ./SoS_Decision_-_Ciaravella_16753.pdf-1. At Chelmsford Crown Court on or around 5 May 2020, he pleaded guilty to arranging ./SoS_Decision_-_Ciaravella_16753.pdf: or facilitating the commission of a child sex offence, contrary to section 14(1) of the ./SoS_Decision_-_Ciaravella_16753.pdf- Sexual Offences Act 2003. ./SoS_Decision_-_Ciaravella_16753.pdf- ./SoS_Decision_-_Ciaravella_16753.pdf-Mr Ciaravella admitted the facts of allegation 1 and that his behaviour amounted to a ./SoS_Decision_-_Ciaravella_16753.pdf-conviction of a relevant offence, as set out in the statement of agreed facts signed by Mr ./SoS_Decision_-_Ciaravella_16753.pdf-Ciaravella on 18 April 2021. ./SoS_Decision_-_Ciaravella_16753.pdf- ./SoS_Decision_-_Ciaravella_16753.pdf- ./SoS_Decision_-_Ciaravella_16753.pdf-Preliminary applications ./SoS_Decision_-_Ciaravella_16753.pdf-There were no preliminary applications. ./SoS_Decision_-_Ciaravella_16753.pdf- -- ./SoS_Decision_-_Ciaravella_16753.pdf-ability to direct that the case be considered at a hearing if required in the interests of ./SoS_Decision_-_Ciaravella_16753.pdf-justice or in the public interest. The panel did not determine that such a direction was ./SoS_Decision_-_Ciaravella_16753.pdf-necessary or appropriate in this case. ./SoS_Decision_-_Ciaravella_16753.pdf- ./SoS_Decision_-_Ciaravella_16753.pdf-Mr Ciaravella was employed by Honywood Community School (‘the School’) as a subject ./SoS_Decision_-_Ciaravella_16753.pdf-leader from 1 September 2010. On 21 September 2017, Mr Ciaravella was suspended ./SoS_Decision_-_Ciaravella_16753.pdf-from work. He subsequently resigned and ceased working for the School on 26 May ./SoS_Decision_-_Ciaravella_16753.pdf-2019. ./SoS_Decision_-_Ciaravella_16753.pdf- ./SoS_Decision_-_Ciaravella_16753.pdf-Mr Ciaravella contacted an individual, who was purporting to be a 15 year old boy, on a ./SoS_Decision_-_Ciaravella_16753.pdf:dating app called Grindr. Mr Ciaravella sent sexual messages and explicit images to this ./SoS_Decision_-_Ciaravella_16753.pdf-individual. Following a conversation on Grindr, Mr Ciaravella arranged to meet up with ./SoS_Decision_-_Ciaravella_16753.pdf-the individual. The individual who had purported to be the 15 year old boy passed the ./SoS_Decision_-_Ciaravella_16753.pdf-meeting arrangements on to the police. ./SoS_Decision_-_Ciaravella_16753.pdf- ./SoS_Decision_-_Ciaravella_16753.pdf-Mr Ciaravella was arrested for the offence of grooming and travelling to meet a child for a ./SoS_Decision_-_Ciaravella_16753.pdf:sexual purpose on 20 September 2017. ./SoS_Decision_-_Ciaravella_16753.pdf- ./SoS_Decision_-_Ciaravella_16753.pdf-Findings of fact ./SoS_Decision_-_Ciaravella_16753.pdf- ./SoS_Decision_-_Ciaravella_16753.pdf-The findings of fact are as follows: ./SoS_Decision_-_Ciaravella_16753.pdf- ./SoS_Decision_-_Ciaravella_16753.pdf-The panel found the following particulars of the allegations against you proved, for these ./SoS_Decision_-_Ciaravella_16753.pdf-reasons: ./SoS_Decision_-_Ciaravella_16753.pdf- ./SoS_Decision_-_Ciaravella_16753.pdf- ./SoS_Decision_-_Ciaravella_16753.pdf- -- ./SoS_Decision_-_Ciaravella_16753.pdf- 1. At Chelmsford Crown Court on or around 5 May 2020, you pleaded guilty to ./SoS_Decision_-_Ciaravella_16753.pdf: arranging or facilitating the commission of a child sex offence, contrary to ./SoS_Decision_-_Ciaravella_16753.pdf- section 14(1) of the Sexual Offences Act 2003. ./SoS_Decision_-_Ciaravella_16753.pdf- ./SoS_Decision_-_Ciaravella_16753.pdf-The panel noted page 8 of the Teacher Misconduct: The Prohibition of Teachers (“the ./SoS_Decision_-_Ciaravella_16753.pdf-Advice”) which states that where there has been a conviction at any time of a criminal ./SoS_Decision_-_Ciaravella_16753.pdf-offence, the hearing will not re-examine the facts of the case and the panel will accept ./SoS_Decision_-_Ciaravella_16753.pdf-the conviction as conclusive proof that establishes the relevant fact. ./SoS_Decision_-_Ciaravella_16753.pdf- ./SoS_Decision_-_Ciaravella_16753.pdf-The panel had been provided with a copy of the certificate of conviction from the ./SoS_Decision_-_Ciaravella_16753.pdf-Chelmsford Crown Court, which detailed that Mr Ciaravella had been convicted of ./SoS_Decision_-_Ciaravella_16753.pdf:arranging or facilitating the commission of a child sex offence, in respect of his actions on ./SoS_Decision_-_Ciaravella_16753.pdf-20 September 2017. ./SoS_Decision_-_Ciaravella_16753.pdf- ./SoS_Decision_-_Ciaravella_16753.pdf-In addition, the panel noted that within the statement of agreement facts, signed by Mr ./SoS_Decision_-_Ciaravella_16753.pdf-Ciaravella on 18 April 2021, Mr Ciaravella admitted the facts of allegation 1. ./SoS_Decision_-_Ciaravella_16753.pdf- ./SoS_Decision_-_Ciaravella_16753.pdf-On examination of the documents before the panel, the panel was satisfied that the facts ./SoS_Decision_-_Ciaravella_16753.pdf-of allegation 1 were proven. ./SoS_Decision_-_Ciaravella_16753.pdf- ./SoS_Decision_-_Ciaravella_16753.pdf-Findings as to conviction of a relevant offence ./SoS_Decision_-_Ciaravella_16753.pdf- -- ./SoS_Decision_-_Ciaravella_16753.pdf-staff. However, the panel concluded that Mr Ciaravella’s actions were relevant to ./SoS_Decision_-_Ciaravella_16753.pdf-teaching, working with children and/or working in an education setting in that Mr ./SoS_Decision_-_Ciaravella_16753.pdf-Ciaravella had arranged to meet an individual who was purporting to be a 15 year old ./SoS_Decision_-_Ciaravella_16753.pdf-boy, and Mr Ciaravella was responsible for teaching individuals of that age (and ./SoS_Decision_-_Ciaravella_16753.pdf-younger). The panel concluded that Mr Ciaravella’s conduct would have a negative ./SoS_Decision_-_Ciaravella_16753.pdf-impact on his status as a teacher and, further, as set out below, would be likely to ./SoS_Decision_-_Ciaravella_16753.pdf-damage the public perception of teachers. ./SoS_Decision_-_Ciaravella_16753.pdf- ./SoS_Decision_-_Ciaravella_16753.pdf-The panel was of the view that the behaviour involved in committing the offence could ./SoS_Decision_-_Ciaravella_16753.pdf-have had an impact on the safety or security of pupils and/or members of the public, ./SoS_Decision_-_Ciaravella_16753.pdf:particularly given that Mr Ciaravella had sent explicit images and sexual messages to an ./SoS_Decision_-_Ciaravella_16753.pdf-individual who was purporting to be a 15 year old boy. ./SoS_Decision_-_Ciaravella_16753.pdf- ./SoS_Decision_-_Ciaravella_16753.pdf-The panel also took account of the way the teaching profession is viewed by others. The ./SoS_Decision_-_Ciaravella_16753.pdf-panel considered that Mr Ciaravella’s behaviour in committing the offence could affect ./SoS_Decision_-_Ciaravella_16753.pdf-public confidence in the teaching profession, given the influence that teachers may have ./SoS_Decision_-_Ciaravella_16753.pdf-on pupils, parents and others in the community and the fact that Mr Ciaravella had ./SoS_Decision_-_Ciaravella_16753.pdf:pleaded guilty to arranging or facilitating the commission of a child sex offence. ./SoS_Decision_-_Ciaravella_16753.pdf- ./SoS_Decision_-_Ciaravella_16753.pdf-Whilst Mr Ciaravella’s behaviour did not lead to a sentence of imprisonment, the panel ./SoS_Decision_-_Ciaravella_16753.pdf:was mindful that this case involved an offence of sexual activity, which the Advice states ./SoS_Decision_-_Ciaravella_16753.pdf-is likely to be considered a relevant offence. ./SoS_Decision_-_Ciaravella_16753.pdf- ./SoS_Decision_-_Ciaravella_16753.pdf-The panel found that the seriousness of the offending behaviour that led to the conviction ./SoS_Decision_-_Ciaravella_16753.pdf-was relevant to Mr Ciaravella's ongoing suitability to teach. The panel considered that a ./SoS_Decision_-_Ciaravella_16753.pdf-finding that this conviction was for a relevant offence was necessary to reaffirm clear ./SoS_Decision_-_Ciaravella_16753.pdf-standards of conduct so as to maintain public confidence in the teaching profession. ./SoS_Decision_-_Ciaravella_16753.pdf- ./SoS_Decision_-_Ciaravella_16753.pdf- ./SoS_Decision_-_Ciaravella_16753.pdf-Panel’s recommendation to the Secretary of State ./SoS_Decision_-_Ciaravella_16753.pdf-Given the panel’s findings in respect of a conviction of a relevant offence, it was -- ./SoS_Decision_-_Ciaravella_16753.pdf-Ciaravella. The panel took further account of the Advice, which suggests that a ./SoS_Decision_-_Ciaravella_16753.pdf-prohibition order may be appropriate if certain behaviours of a teacher have been proved. ./SoS_Decision_-_Ciaravella_16753.pdf-In the list of such behaviours, those that are relevant in this case are: ./SoS_Decision_-_Ciaravella_16753.pdf- ./SoS_Decision_-_Ciaravella_16753.pdf- • serious departure from the personal and professional conduct elements of the ./SoS_Decision_-_Ciaravella_16753.pdf- Teachers’ Standards; ./SoS_Decision_-_Ciaravella_16753.pdf- ./SoS_Decision_-_Ciaravella_16753.pdf- • misconduct seriously affecting the education and/or well-being of pupils, and ./SoS_Decision_-_Ciaravella_16753.pdf- particularly where there is a continuing risk; ./SoS_Decision_-_Ciaravella_16753.pdf- ./SoS_Decision_-_Ciaravella_16753.pdf: • sexual misconduct, for example, involving actions that were sexually motivated or ./SoS_Decision_-_Ciaravella_16753.pdf: of a sexual nature and/or that use or exploit the trust, knowledge or influence ./SoS_Decision_-_Ciaravella_16753.pdf- derived from the individual’s professional position; ./SoS_Decision_-_Ciaravella_16753.pdf- ./SoS_Decision_-_Ciaravella_16753.pdf- • the commission of a serious criminal offence, including those that resulted in a ./SoS_Decision_-_Ciaravella_16753.pdf- conviction or caution, paying particular attention to offences that are ‘relevant ./SoS_Decision_-_Ciaravella_16753.pdf- matters’ for the purposes of The Police Act 1997 and criminal record disclosures. ./SoS_Decision_-_Ciaravella_16753.pdf- ./SoS_Decision_-_Ciaravella_16753.pdf-Even though some of the behaviour found proved in this case indicated that a prohibition ./SoS_Decision_-_Ciaravella_16753.pdf-order would be appropriate, the panel went on to consider the mitigating factors. ./SoS_Decision_-_Ciaravella_16753.pdf-Mitigating factors may indicate that a prohibition order would not be appropriate or ./SoS_Decision_-_Ciaravella_16753.pdf-proportionate. -- ./SoS_Decision_-_Ciaravella_16753.pdf-There was no evidence that Mr Ciaravella's actions were not deliberate. There was no ./SoS_Decision_-_Ciaravella_16753.pdf-evidence to suggest that Mr Ciaravella was acting under duress, and, in fact, the panel ./SoS_Decision_-_Ciaravella_16753.pdf-found Mr Ciaravella's actions to be calculated and motivated. ./SoS_Decision_-_Ciaravella_16753.pdf- ./SoS_Decision_-_Ciaravella_16753.pdf-Whilst Mr Ciaravella admitted his conduct and pleaded guilty in respect of the criminal ./SoS_Decision_-_Ciaravella_16753.pdf-proceedings, the panel noted that he had initially sought to deny his conduct and/or made ./SoS_Decision_-_Ciaravella_16753.pdf:excuses during the police interview. This included implying that there was no sexual ./SoS_Decision_-_Ciaravella_16753.pdf-motivation, that he did not receive a message from the individual stating that he was 15 ./SoS_Decision_-_Ciaravella_16753.pdf-years old and that, despite arranging to meet with the individual, he was intending to walk ./SoS_Decision_-_Ciaravella_16753.pdf-away. The panel did not find this explanation compelling and considered that it ./SoS_Decision_-_Ciaravella_16753.pdf-demonstrated a lack of insight and/or remorse, although the panel acknowledged that Mr ./SoS_Decision_-_Ciaravella_16753.pdf-Ciaravella subsequently pleaded guilty in the criminal proceedings. ./SoS_Decision_-_Ciaravella_16753.pdf- ./SoS_Decision_-_Ciaravella_16753.pdf-No evidence was submitted to attest to Mr Ciaravella’s previous history as a teacher and ./SoS_Decision_-_Ciaravella_16753.pdf-Mr Ciaravella did not submit any documents or mitigation for the panel to consider. The ./SoS_Decision_-_Ciaravella_16753.pdf-panel took into account the [redacted] which was included in the bundle. [Redacted]. ./SoS_Decision_-_Ciaravella_16753.pdf-However, the panel was not provided with details of this mitigation (or any mitigation) and -- ./SoS_Decision_-_Ciaravella_16753.pdf-order. Recommending that the publication of adverse findings was sufficient would ./SoS_Decision_-_Ciaravella_16753.pdf-unacceptably compromise the public interest considerations present in this case, despite ./SoS_Decision_-_Ciaravella_16753.pdf-the severity of the consequences for Mr Ciaravella of prohibition. ./SoS_Decision_-_Ciaravella_16753.pdf- ./SoS_Decision_-_Ciaravella_16753.pdf-The panel was of the view that prohibition was both proportionate and appropriate. The ./SoS_Decision_-_Ciaravella_16753.pdf-panel decided that the public interest considerations outweighed the interests of Mr ./SoS_Decision_-_Ciaravella_16753.pdf-Ciaravella. The serious nature of Mr Ciaravella’s conviction and the lack of insight and ./SoS_Decision_-_Ciaravella_16753.pdf-remorse shown were significant factors in forming that opinion. The panel concluded that ./SoS_Decision_-_Ciaravella_16753.pdf-it would not be appropriate for Mr Ciaravella to return to the teaching profession given ./SoS_Decision_-_Ciaravella_16753.pdf-that he had decided to meet an individual purporting to be 15 years old and pleaded ./SoS_Decision_-_Ciaravella_16753.pdf:guilty to arranging or facilitating the commission of a child sex offence. Accordingly, the ./SoS_Decision_-_Ciaravella_16753.pdf-panel made a recommendation to the Secretary of State that a prohibition order should ./SoS_Decision_-_Ciaravella_16753.pdf-be imposed with immediate effect. ./SoS_Decision_-_Ciaravella_16753.pdf- ./SoS_Decision_-_Ciaravella_16753.pdf-The panel went on to consider whether or not it would be appropriate to recommend that ./SoS_Decision_-_Ciaravella_16753.pdf-a review period of the order should be considered. The panel was mindful that the Advice ./SoS_Decision_-_Ciaravella_16753.pdf-states that a prohibition order applies for life, but there may be circumstances, in any ./SoS_Decision_-_Ciaravella_16753.pdf-given case, that may make it appropriate to allow a teacher to apply to have the ./SoS_Decision_-_Ciaravella_16753.pdf- ./SoS_Decision_-_Ciaravella_16753.pdf- ./SoS_Decision_-_Ciaravella_16753.pdf- -- ./SoS_Decision_-_Ciaravella_16753.pdf-prohibition order reviewed after a specified period of time that may not be less than 2 ./SoS_Decision_-_Ciaravella_16753.pdf-years. ./SoS_Decision_-_Ciaravella_16753.pdf- ./SoS_Decision_-_Ciaravella_16753.pdf-The Advice indicates that there are behaviours that, if proved, would militate against the ./SoS_Decision_-_Ciaravella_16753.pdf:recommendation of a review period. One of behaviours include serious sexual ./SoS_Decision_-_Ciaravella_16753.pdf:misconduct, such as where the act was sexually motivated and resulted in or had the ./SoS_Decision_-_Ciaravella_16753.pdf-potential to result in, harm to a person or persons, particularly where the individual has ./SoS_Decision_-_Ciaravella_16753.pdf-used his professional position to influence or exploit a person or persons. The panel ./SoS_Decision_-_Ciaravella_16753.pdf:found that Mr Ciaravella was convicted of a sexual offence. ./SoS_Decision_-_Ciaravella_16753.pdf- ./SoS_Decision_-_Ciaravella_16753.pdf-The panel decided that the findings indicated a situation in which a review period would ./SoS_Decision_-_Ciaravella_16753.pdf-not be appropriate and, as such, decided that it would be proportionate in all the ./SoS_Decision_-_Ciaravella_16753.pdf-circumstances for a prohibition order to be recommended without provisions for a review ./SoS_Decision_-_Ciaravella_16753.pdf-period. ./SoS_Decision_-_Ciaravella_16753.pdf- ./SoS_Decision_-_Ciaravella_16753.pdf- ./SoS_Decision_-_Ciaravella_16753.pdf-Decision and reasons on behalf of the Secretary of State ./SoS_Decision_-_Ciaravella_16753.pdf-I have given very careful consideration to this case and to the recommendation of the ./SoS_Decision_-_Ciaravella_16753.pdf-panel in respect of both sanction and review period. -- ./SoS_Decision_-_Ciaravella_16753.pdf- • Teachers must have proper and professional regard for the ethos, policies and ./SoS_Decision_-_Ciaravella_16753.pdf- practices of the school in which they teach, and maintain high standards in their ./SoS_Decision_-_Ciaravella_16753.pdf- own attendance and punctuality. ./SoS_Decision_-_Ciaravella_16753.pdf- ./SoS_Decision_-_Ciaravella_16753.pdf- • Teachers must have an understanding of, and always act within, the statutory ./SoS_Decision_-_Ciaravella_16753.pdf- frameworks which set out their professional duties and responsibilities. ./SoS_Decision_-_Ciaravella_16753.pdf- ./SoS_Decision_-_Ciaravella_16753.pdf-The findings of misconduct are particularly serious as they include a finding of a relevant ./SoS_Decision_-_Ciaravella_16753.pdf:conviction, for, “arranging or facilitating the commission of a child sex offence, contrary to ./SoS_Decision_-_Ciaravella_16753.pdf-section 14(1) of the Sexual Offences Act 2003.” ./SoS_Decision_-_Ciaravella_16753.pdf- ./SoS_Decision_-_Ciaravella_16753.pdf-I have to determine whether the imposition of a prohibition order is proportionate and in ./SoS_Decision_-_Ciaravella_16753.pdf-the public interest. In considering that for this case, I have considered the overall aim of a ./SoS_Decision_-_Ciaravella_16753.pdf-prohibition order which is to protect pupils and to maintain public confidence in the ./SoS_Decision_-_Ciaravella_16753.pdf-profession. I have considered the extent to which a prohibition order in this case would ./SoS_Decision_-_Ciaravella_16753.pdf-achieve that aim taking into account the impact that it will have on the individual teacher. ./SoS_Decision_-_Ciaravella_16753.pdf-I have also asked myself, whether a less intrusive measure, such as the publication of a ./SoS_Decision_-_Ciaravella_16753.pdf-finding of a relevant conviction, would itself be sufficient to achieve the overall aim. I have ./SoS_Decision_-_Ciaravella_16753.pdf-to consider whether the consequences of such a publication are themselves sufficient. I -- ./SoS_Decision_-_Ciaravella_16753.pdf-However, the panel was not provided with details of this mitigation (or any mitigation) and ./SoS_Decision_-_Ciaravella_16753.pdf-therefore could not properly assess it.” I have therefore given this element considerable ./SoS_Decision_-_Ciaravella_16753.pdf-weight in reaching my decision. ./SoS_Decision_-_Ciaravella_16753.pdf- ./SoS_Decision_-_Ciaravella_16753.pdf-I have gone on to consider the extent to which a prohibition order would maintain public ./SoS_Decision_-_Ciaravella_16753.pdf-confidence in the profession. The panel observe that it, “also took account of the way the ./SoS_Decision_-_Ciaravella_16753.pdf-teaching profession is viewed by others. The panel considered that Mr Ciaravella’s ./SoS_Decision_-_Ciaravella_16753.pdf-behaviour in committing the offence could affect public confidence in the teaching ./SoS_Decision_-_Ciaravella_16753.pdf-profession, given the influence that teachers may have on pupils, parents and others in ./SoS_Decision_-_Ciaravella_16753.pdf-the community and the fact that Mr Ciaravella had pleaded guilty to arranging or ./SoS_Decision_-_Ciaravella_16753.pdf:facilitating the commission of a child sex offence. ./SoS_Decision_-_Ciaravella_16753.pdf- ./SoS_Decision_-_Ciaravella_16753.pdf- ./SoS_Decision_-_Ciaravella_16753.pdf- ./SoS_Decision_-_Ciaravella_16753.pdf- ./SoS_Decision_-_Ciaravella_16753.pdf- 11 ./SoS_Decision_-_Ciaravella_16753.pdf- -- ./SoS_Decision_-_Ciaravella_16753.pdf-Whilst Mr Ciaravella’s behaviour did not lead to a sentence of imprisonment, the panel ./SoS_Decision_-_Ciaravella_16753.pdf:was mindful that this case involved an offence of sexual activity, which the Advice states ./SoS_Decision_-_Ciaravella_16753.pdf-is likely to be considered a relevant offence.” ./SoS_Decision_-_Ciaravella_16753.pdf- ./SoS_Decision_-_Ciaravella_16753.pdf-I am particularly mindful of the finding of a relevant conviction in this case and the impact ./SoS_Decision_-_Ciaravella_16753.pdf-that such a finding has on the reputation of the profession. ./SoS_Decision_-_Ciaravella_16753.pdf- ./SoS_Decision_-_Ciaravella_16753.pdf-I have had to consider that the public has a high expectation of professional standards of ./SoS_Decision_-_Ciaravella_16753.pdf-all teachers and that the public might regard a failure to impose a prohibition order as a ./SoS_Decision_-_Ciaravella_16753.pdf-failure to uphold those high standards. In weighing these considerations, I have had to ./SoS_Decision_-_Ciaravella_16753.pdf-consider the matter from the point of view of an “ordinary intelligent and well-informed ./SoS_Decision_-_Ciaravella_16753.pdf-citizen.” -- ./SoS_Decision_-_Ciaravella_16753.pdf-A prohibition order would prevent Mr Ciaravella from teaching and would also clearly ./SoS_Decision_-_Ciaravella_16753.pdf-deprive the public of his contribution to the profession for the period that it is in force. ./SoS_Decision_-_Ciaravella_16753.pdf- ./SoS_Decision_-_Ciaravella_16753.pdf-In this case, I have placed considerable weight on the panel’s comments concerning the ./SoS_Decision_-_Ciaravella_16753.pdf-lack of insight or remorse. The panel has said, “The panel decided that the public interest ./SoS_Decision_-_Ciaravella_16753.pdf-considerations outweighed the interests of Mr Ciaravella. The serious nature of Mr ./SoS_Decision_-_Ciaravella_16753.pdf-Ciaravella’s conviction and the lack of insight and remorse shown were significant factors ./SoS_Decision_-_Ciaravella_16753.pdf-in forming that opinion. The panel concluded that it would not be appropriate for Mr ./SoS_Decision_-_Ciaravella_16753.pdf-Ciaravella to return to the teaching profession given that he had decided to meet an ./SoS_Decision_-_Ciaravella_16753.pdf-individual purporting to be 15 years old and pleaded guilty to arranging or facilitating the ./SoS_Decision_-_Ciaravella_16753.pdf:commission of a child sex offence.” ./SoS_Decision_-_Ciaravella_16753.pdf- ./SoS_Decision_-_Ciaravella_16753.pdf-I have given less weight in my consideration of sanction therefore, to the contribution that ./SoS_Decision_-_Ciaravella_16753.pdf-Mr Ciaravella has made to the profession. In my view, it is necessary to impose a ./SoS_Decision_-_Ciaravella_16753.pdf-prohibition order in order to maintain public confidence in the profession. A published ./SoS_Decision_-_Ciaravella_16753.pdf-decision, in light of the circumstances in this case, that is not backed up by remorse or ./SoS_Decision_-_Ciaravella_16753.pdf-insight, does not in my view satisfy the public interest requirement concerning public ./SoS_Decision_-_Ciaravella_16753.pdf-confidence in the profession. ./SoS_Decision_-_Ciaravella_16753.pdf- ./SoS_Decision_-_Ciaravella_16753.pdf- ./SoS_Decision_-_Ciaravella_16753.pdf- -- ./SoS_Decision_-_Ciaravella_16753.pdf-I have gone on to consider the matter of a review period. In this case, the panel has ./SoS_Decision_-_Ciaravella_16753.pdf-recommended that no provision should be made for a review period. ./SoS_Decision_-_Ciaravella_16753.pdf- ./SoS_Decision_-_Ciaravella_16753.pdf-I have considered the panel’s comments “he had decided to meet an individual ./SoS_Decision_-_Ciaravella_16753.pdf-purporting to be 15 years old and pleaded guilty to arranging or facilitating the ./SoS_Decision_-_Ciaravella_16753.pdf:commission of a child sex offence.” ./SoS_Decision_-_Ciaravella_16753.pdf- ./SoS_Decision_-_Ciaravella_16753.pdf-I have considered whether allowing for a no review period reflects the seriousness of the ./SoS_Decision_-_Ciaravella_16753.pdf-findings and is proportionate and necessary to achieve the aim of maintaining public ./SoS_Decision_-_Ciaravella_16753.pdf-confidence in the profession. In this case, the factors which mean that a no review is ./SoS_Decision_-_Ciaravella_16753.pdf-necessary to achieve the aim of maintaining public confidence in the profession are the ./SoS_Decision_-_Ciaravella_16753.pdf-serious nature of the offence, and the lack of full insight or remorse. ./SoS_Decision_-_Ciaravella_16753.pdf- ./SoS_Decision_-_Ciaravella_16753.pdf-I consider therefore that allowing for no review period is necessary to maintain public ./SoS_Decision_-_Ciaravella_16753.pdf-confidence and is proportionate and in the public interest. ./SoS_Decision_-_Ciaravella_16753.pdf- ./SoS_Decision_-_Diggle_Michael.pdf- photo session with Student B, and he: ./SoS_Decision_-_Diggle_Michael.pdf- i. was alone in the room with Student B, ./SoS_Decision_-_Diggle_Michael.pdf- ii. instructed Student B to wear a garment, ./SoS_Decision_-_Diggle_Michael.pdf- iii. instructed Student B to remove her bra, ./SoS_Decision_-_Diggle_Michael.pdf- b. on an unknown date he lifted Student B over his shoulder in a fireman's lift; ./SoS_Decision_-_Diggle_Michael.pdf- 6. He acted in an inappropriate manner in relation to Student C, in that he: ./SoS_Decision_-_Diggle_Michael.pdf- a. stated to Student C that he was going to make her feel uncomfortable and ./SoS_Decision_-_Diggle_Michael.pdf- vulnerable, or words to that effect, ./SoS_Decision_-_Diggle_Michael.pdf- b. instructed Student C to prepare to rehearse in a nightgown, ./SoS_Decision_-_Diggle_Michael.pdf- c. instructed Student C to shave her legs for rehearsal; ./SoS_Decision_-_Diggle_Michael.pdf: 7. His actions as described at paragraphs 1 to 5 above were sexually motivated. ./SoS_Decision_-_Diggle_Michael.pdf- ./SoS_Decision_-_Diggle_Michael.pdf- ./SoS_Decision_-_Diggle_Michael.pdf- ./SoS_Decision_-_Diggle_Michael.pdf-Mr Diggle denied each of the allegations. ./SoS_Decision_-_Diggle_Michael.pdf- ./SoS_Decision_-_Diggle_Michael.pdf- ./SoS_Decision_-_Diggle_Michael.pdf- ./SoS_Decision_-_Diggle_Michael.pdf- ./SoS_Decision_-_Diggle_Michael.pdf- 5 ./SoS_Decision_-_Diggle_Michael.pdf- -- ./SoS_Decision_-_Diggle_Michael.pdf-evidence from Student C included that the play in question was set in a hospital and that ./SoS_Decision_-_Diggle_Michael.pdf-the character was a patient who would be expected to be in a gown of sorts. ./SoS_Decision_-_Diggle_Michael.pdf- ./SoS_Decision_-_Diggle_Michael.pdf-The panel was satisfied on the evidence that Mr Diggle did instruct Student C to prepare ./SoS_Decision_-_Diggle_Michael.pdf-to rehearse in a nightgown, but given that this would be the costume in which she would ./SoS_Decision_-_Diggle_Michael.pdf-perform, the panel did not find this to be acting in an inappropriate manner. ./SoS_Decision_-_Diggle_Michael.pdf- ./SoS_Decision_-_Diggle_Michael.pdf-The panel therefore finds allegation 6.b. to be not proven. ./SoS_Decision_-_Diggle_Michael.pdf- ./SoS_Decision_-_Diggle_Michael.pdf- ./SoS_Decision_-_Diggle_Michael.pdf:7 His actions as described at paragraphs 1 to 5 above were sexually ./SoS_Decision_-_Diggle_Michael.pdf-motivated. ./SoS_Decision_-_Diggle_Michael.pdf-The panel has found this aspect of their determinations to be particularly difficult. ./SoS_Decision_-_Diggle_Michael.pdf- ./SoS_Decision_-_Diggle_Michael.pdf-In attempting to ascertain Mr Diggle’s motivations, the panel found a number of aspects ./SoS_Decision_-_Diggle_Michael.pdf-of his conduct particularly concerning. ./SoS_Decision_-_Diggle_Michael.pdf- ./SoS_Decision_-_Diggle_Michael.pdf- ./SoS_Decision_-_Diggle_Michael.pdf- ./SoS_Decision_-_Diggle_Michael.pdf- ./SoS_Decision_-_Diggle_Michael.pdf- 24 -- ./SoS_Decision_-_Diggle_Michael.pdf-a close after she refused to remove her bra. Student B went on to explain that Mr Diggle ./SoS_Decision_-_Diggle_Michael.pdf-asked Student B to go home to obtain a different costume which could work for a further ./SoS_Decision_-_Diggle_Michael.pdf-photo session. However, the evidence to the panel was that no such further photo ./SoS_Decision_-_Diggle_Michael.pdf-session took place. In contrast to the situation with Student B, Mr Diggle arranged further ./SoS_Decision_-_Diggle_Michael.pdf-sessions with Student A after she consented to his request that she remove her bra. ./SoS_Decision_-_Diggle_Michael.pdf- ./SoS_Decision_-_Diggle_Michael.pdf-On the other hand, the panel noted the evidence from each of the students that Mr Diggle ./SoS_Decision_-_Diggle_Michael.pdf-adopted an unusual teacher-student relationship, which was more informal than normal ./SoS_Decision_-_Diggle_Michael.pdf-and relaxed in a way that Mr Diggle would engage in horse play with students and, ./SoS_Decision_-_Diggle_Michael.pdf-“banter”. The panel does not suggest that such a relationship is appropriate, but it sees ./SoS_Decision_-_Diggle_Michael.pdf:this as evidence that Mr Diggle’s conduct may not have been sexually motivated, but had ./SoS_Decision_-_Diggle_Michael.pdf-come about from a failure to recognise proper boundaries. ./SoS_Decision_-_Diggle_Michael.pdf- ./SoS_Decision_-_Diggle_Michael.pdf-The panel also noted that, despite an apparently long history of such a relaxed attitude to ./SoS_Decision_-_Diggle_Michael.pdf-students, there has been no previous allegation that Mr Diggle’s actions have been ./SoS_Decision_-_Diggle_Michael.pdf:sexually motivated. Mr Diggle taught each of Students A, B and C over a number of ./SoS_Decision_-_Diggle_Michael.pdf-years, has been in teaching for around 15 years and Student A had minded Mr Diggle’s ./SoS_Decision_-_Diggle_Michael.pdf-children on a number of occasions, over several years. Despite this, Mr Diggle has not, ./SoS_Decision_-_Diggle_Michael.pdf:to the panel’s knowledge, acted in a sexual manner towards any of the students to which ./SoS_Decision_-_Diggle_Michael.pdf-the allegations relate, or any other students. ./SoS_Decision_-_Diggle_Michael.pdf- ./SoS_Decision_-_Diggle_Michael.pdf-The panel accepted that the choice of “Crave” as a challenging play for sixth form ./SoS_Decision_-_Diggle_Michael.pdf-students to perform was done to stretch the students, assisting them in their drama A- ./SoS_Decision_-_Diggle_Michael.pdf-level and University applications. The panel recognised that in such circumstances there ./SoS_Decision_-_Diggle_Michael.pdf-were likely to be difficult questions of appropriate boundaries and that the play was ./SoS_Decision_-_Diggle_Michael.pdf-inherently provocative. The panel considered that it was his pedagogical desire to ./SoS_Decision_-_Diggle_Michael.pdf-develop the students’ abilities in drama and stretch them that motivated Mr Diggle, rather ./SoS_Decision_-_Diggle_Michael.pdf:than sexual motivation. ./SoS_Decision_-_Diggle_Michael.pdf- ./SoS_Decision_-_Diggle_Michael.pdf-As noted above, the panel found this allegation to be particularly difficult to determine. ./SoS_Decision_-_Diggle_Michael.pdf-The panel noted however, that the burden of proof was on the National College and, on ./SoS_Decision_-_Diggle_Michael.pdf-the balance of probabilities, the panel could not be satisfied that Mr Diggle’s actions as ./SoS_Decision_-_Diggle_Michael.pdf:described in allegations 1 to 5 were sexually motivated. The panel therefore finds this ./SoS_Decision_-_Diggle_Michael.pdf-allegation to be not proved. ./SoS_Decision_-_Diggle_Michael.pdf- ./SoS_Decision_-_Diggle_Michael.pdf- ./SoS_Decision_-_Diggle_Michael.pdf- ./SoS_Decision_-_Diggle_Michael.pdf- ./SoS_Decision_-_Diggle_Michael.pdf- 25 ./SoS_Decision_-_Diggle_Michael.pdf- -- ./SoS_Decision_-_Diggle_Michael.pdf-The panel concluded at stage 1 of its deliberations that Mr Diggle’s conduct was not ./SoS_Decision_-_Diggle_Michael.pdf:sexually motivated. Instead, the panel considered that it was motivated by a pedagogical ./SoS_Decision_-_Diggle_Michael.pdf-desire to improve the abilities of students and their prospects when applying for ./SoS_Decision_-_Diggle_Michael.pdf-university. The panel concludes that this developed into the inappropriate conduct ./SoS_Decision_-_Diggle_Michael.pdf-described above as a result of Mr Diggle’s showing a serious failure to comprehend or ./SoS_Decision_-_Diggle_Michael.pdf-adhere to proper boundaries; these boundaries apply to drama in exactly the same way ./SoS_Decision_-_Diggle_Michael.pdf-as they apply to any other subject taught in schools. In the panel’s view, Mr Diggle ./SoS_Decision_-_Diggle_Michael.pdf-needs a greater understanding that what makes good drama and what might be ./SoS_Decision_-_Diggle_Michael.pdf-appropriate, for example for university students, is not necessarily the same as that which ./SoS_Decision_-_Diggle_Michael.pdf-is appropriate for A-level pupils. It will never be appropriate for A-level pupils to be ./SoS_Decision_-_Diggle_Michael.pdf-instructed by a teacher to lower their top or remove their bra. ./SoS_Decision_-_Diggle_Michael.pdf- -- ./SoS_Decision_-_Diggle_Michael.pdf-Decision and reasons on behalf of the Secretary of State ./SoS_Decision_-_Diggle_Michael.pdf-I have given careful consideration to the panel’s findings and recommendations in this ./SoS_Decision_-_Diggle_Michael.pdf-case. The panel have found proven a range of allegations relating to Mr Diggle acting in ./SoS_Decision_-_Diggle_Michael.pdf-an inappropriate manner towards students. They did not find that Mr Diggle’s actions ./SoS_Decision_-_Diggle_Michael.pdf:were sexually motivated. The panel has judged that Mr Diggle’s actions amount to both ./SoS_Decision_-_Diggle_Michael.pdf-unacceptable professional conduct and conduct that may bring the profession into ./SoS_Decision_-_Diggle_Michael.pdf-disrepute. ./SoS_Decision_-_Diggle_Michael.pdf- ./SoS_Decision_-_Diggle_Michael.pdf-The panel have properly considered both the interests of the public and those of Mr ./SoS_Decision_-_Diggle_Michael.pdf-Diggle. They have found a number of public interest considerations to be relevant in this ./SoS_Decision_-_Diggle_Michael.pdf-case namely, the protection of pupils, public confidence in the profession and declaring ./SoS_Decision_-_Diggle_Michael.pdf-proper standards of conduct in the profession. ./SoS_Decision_-_Diggle_Michael.pdf- ./SoS_Decision_-_Diggle_Michael.pdf-Even though there were behaviours that would indicate a prohibition order being an ./SoS_Decision_-_Diggle_Michael.pdf-appropriate sanction, the panel considered the mitigating factors relevant to this case. Mr ./SoS_decision_-_George__Gareth_-_13433.pdf- 2. Acted inappropriately towards Pupil B by: ./SoS_decision_-_George__Gareth_-_13433.pdf- a. Texting her on her personal mobile number on one or more occasions; ./SoS_decision_-_George__Gareth_-_13433.pdf- b. Texting her during the evening outside of school hours; ./SoS_decision_-_George__Gareth_-_13433.pdf- c. Suggesting Pupil B ‘save you’ from the school boarders when he was on ./SoS_decision_-_George__Gareth_-_13433.pdf- duty; ./SoS_decision_-_George__Gareth_-_13433.pdf- d. Singling Pupil B out on one or more occasions; ./SoS_decision_-_George__Gareth_-_13433.pdf- e. Walking over to Pupil B and offering to hold Pupil B up when she was ./SoS_decision_-_George__Gareth_-_13433.pdf- attempting to do pull ups with a different group; ./SoS_decision_-_George__Gareth_-_13433.pdf- f. Suggesting to Pupil B that she should respond to his messages; ./SoS_decision_-_George__Gareth_-_13433.pdf- ./SoS_decision_-_George__Gareth_-_13433.pdf: 3. And in doing 1 above, his actions towards Pupil A were sexually motivated in that ./SoS_decision_-_George__Gareth_-_13433.pdf- he: ./SoS_decision_-_George__Gareth_-_13433.pdf- a. Had no good reason to commence email communication with Pupil A; ./SoS_decision_-_George__Gareth_-_13433.pdf- b. Persisted to send multiple emails when Pupil A did not respond to his initial ./SoS_decision_-_George__Gareth_-_13433.pdf- email: ./SoS_decision_-_George__Gareth_-_13433.pdf- c. Sought to prompt a response from Pupil A by asking questions in the emails ./SoS_decision_-_George__Gareth_-_13433.pdf- referred to in 3(b) above; ./SoS_decision_-_George__Gareth_-_13433.pdf- d. Attempted to seek a more personal method of communication by asking ./SoS_decision_-_George__Gareth_-_13433.pdf- Pupil A if she had WhatsApp. ./SoS_decision_-_George__Gareth_-_13433.pdf- ./SoS_decision_-_George__Gareth_-_13433.pdf: 4. And in doing 2 above, his actions toward Pupil B were sexually motivated in that ./SoS_decision_-_George__Gareth_-_13433.pdf- he: ./SoS_decision_-_George__Gareth_-_13433.pdf- a. Continued to use Pupil B’s personal mobile as a method of contacting her ./SoS_decision_-_George__Gareth_-_13433.pdf- outside of school; ./SoS_decision_-_George__Gareth_-_13433.pdf- b. Persisted to send her multiple texts when Pupil B did not respond to his ./SoS_decision_-_George__Gareth_-_13433.pdf- text; ./SoS_decision_-_George__Gareth_-_13433.pdf- c. Singled Pupil B out when she was in a group. ./SoS_decision_-_George__Gareth_-_13433.pdf- ./SoS_decision_-_George__Gareth_-_13433.pdf- ./SoS_decision_-_George__Gareth_-_13433.pdf- ./SoS_decision_-_George__Gareth_-_13433.pdf- -- ./SoS_decision_-_George__Gareth_-_13433.pdf-An application was made by the presenting officer seeking directions to treat Pupils A ./SoS_decision_-_George__Gareth_-_13433.pdf-and B as a vulnerable witnesses, and to adopt such measures as considered necessary ./SoS_decision_-_George__Gareth_-_13433.pdf-to safeguard the interests of the witnesses. ./SoS_decision_-_George__Gareth_-_13433.pdf- ./SoS_decision_-_George__Gareth_-_13433.pdf-The presenting officer outlined the basis of his application under paragraphs 4.71 and ./SoS_decision_-_George__Gareth_-_13433.pdf-4.72 of the Procedures. The teacher’s representative raised no objections to the ./SoS_decision_-_George__Gareth_-_13433.pdf-application. ./SoS_decision_-_George__Gareth_-_13433.pdf- ./SoS_decision_-_George__Gareth_-_13433.pdf-The panel considered paragraphs 4.71 and 4.72 of the Procedures, and considered that ./SoS_decision_-_George__Gareth_-_13433.pdf-both witnesses met the criteria for being categorised as vulnerable witnesses. The ./SoS_decision_-_George__Gareth_-_13433.pdf:allegations against Mr George include allegations of sexual motivation and both ./SoS_decision_-_George__Gareth_-_13433.pdf-witnesses are the alleged victims. Both Pupils A and B were under the age of 18 at the ./SoS_decision_-_George__Gareth_-_13433.pdf-time of the purported incidents, indeed, both continue to be under 18 years of age. ./SoS_decision_-_George__Gareth_-_13433.pdf-Furthermore, both have expressed concern about seeing Mr George. ./SoS_decision_-_George__Gareth_-_13433.pdf- ./SoS_decision_-_George__Gareth_-_13433.pdf-As a result of the above considerations, the panel believe that their quality of evidence is ./SoS_decision_-_George__Gareth_-_13433.pdf-likely to be adversely affected by giving evidence directly before Mr George. The panel ./SoS_decision_-_George__Gareth_-_13433.pdf-has noted that there is no medical evidence that the welfare of either witness being ./SoS_decision_-_George__Gareth_-_13433.pdf-prejudiced by their giving evidence and furthermore, have noted that both witnesses are ./SoS_decision_-_George__Gareth_-_13433.pdf-willing to give evidence in this matter. In view of this, the panel was content for both ./SoS_decision_-_George__Gareth_-_13433.pdf- -- ./SoS_decision_-_George__Gareth_-_13433.pdf-(pages 135 to 141). Additionally, this allegation has been admitted by Mr George. Making ./SoS_decision_-_George__Gareth_-_13433.pdf-reference to its own knowledge and experience of the boundaries expected of a teacher ./SoS_decision_-_George__Gareth_-_13433.pdf-in Mr George’s position and of the guidance around safeguarding, the panel finds this ./SoS_decision_-_George__Gareth_-_13433.pdf-allegation to be proved. ./SoS_decision_-_George__Gareth_-_13433.pdf- ./SoS_decision_-_George__Gareth_-_13433.pdf-The panel has found the following particulars of the allegations against you not proven, ./SoS_decision_-_George__Gareth_-_13433.pdf-for these reasons: ./SoS_decision_-_George__Gareth_-_13433.pdf- ./SoS_decision_-_George__Gareth_-_13433.pdf:3. And in doing 1 above, your actions towards Pupil A were sexually motivated in ./SoS_decision_-_George__Gareth_-_13433.pdf-that you: ./SoS_decision_-_George__Gareth_-_13433.pdf- ./SoS_decision_-_George__Gareth_-_13433.pdf- a. Had no good reason to commence email communication with Pupil A; ./SoS_decision_-_George__Gareth_-_13433.pdf- ./SoS_decision_-_George__Gareth_-_13433.pdf-Mr George admits that he had no good reason to commence email communication with ./SoS_decision_-_George__Gareth_-_13433.pdf-Pupil A. Upon consideration of the evidence presented and heard during the course of ./SoS_decision_-_George__Gareth_-_13433.pdf-the proceedings, on the balance of probabilities, the panel finds this particular to be ./SoS_decision_-_George__Gareth_-_13433.pdf-proven. ./SoS_decision_-_George__Gareth_-_13433.pdf- ./SoS_decision_-_George__Gareth_-_13433.pdf:Turning to the allegation of sexual motivation, the panel noted that Mr George denied that ./SoS_decision_-_George__Gareth_-_13433.pdf:his actions were sexually motivated, and has consistently done so since the investigatory ./SoS_decision_-_George__Gareth_-_13433.pdf-interview and throughout these proceedings. ./SoS_decision_-_George__Gareth_-_13433.pdf- ./SoS_decision_-_George__Gareth_-_13433.pdf:The panel considered the two stage test for sexual motivation – firstly whether a ./SoS_decision_-_George__Gareth_-_13433.pdf:reasonable person would think the words/actions could be sexual and secondly whether ./SoS_decision_-_George__Gareth_-_13433.pdf:the purpose of such words/actions was sexual in all of the circumstances of the case. ./SoS_decision_-_George__Gareth_-_13433.pdf- ./SoS_decision_-_George__Gareth_-_13433.pdf:Following a detailed discussion regarding the test to be applied for a finding of sexual ./SoS_decision_-_George__Gareth_-_13433.pdf-motivation and upon an in-depth consideration of the evidence, the panel decided, by a ./SoS_decision_-_George__Gareth_-_13433.pdf-majority decision, it was not satisfied that Mr George’s actions could be viewed by a ./SoS_decision_-_George__Gareth_-_13433.pdf:reasonable person as sexually motivated. In reaching this decision, the panel noted the ./SoS_decision_-_George__Gareth_-_13433.pdf:absence of sexualised language used in the communications with Pupil A and the lack of ./SoS_decision_-_George__Gareth_-_13433.pdf-evidence adduced. The panel also noted the oral evidence of Pupil A where she did not ./SoS_decision_-_George__Gareth_-_13433.pdf:believe that this contact was sexually motivated. As the first limb of the test was not ./SoS_decision_-_George__Gareth_-_13433.pdf-satisfied the panel therefore did not consider the second limb of the test. ./SoS_decision_-_George__Gareth_-_13433.pdf- ./SoS_decision_-_George__Gareth_-_13433.pdf- b. Persisted to send multiple emails when Pupil A did not respond to your ./SoS_decision_-_George__Gareth_-_13433.pdf- initial email; ./SoS_decision_-_George__Gareth_-_13433.pdf- ./SoS_decision_-_George__Gareth_-_13433.pdf-The panel did not consider this particular, as the presenting officer made submissions to ./SoS_decision_-_George__Gareth_-_13433.pdf-the panel that the National College no longer intended to pursue this allegation. ./SoS_decision_-_George__Gareth_-_13433.pdf- ./SoS_decision_-_George__Gareth_-_13433.pdf- ./SoS_decision_-_George__Gareth_-_13433.pdf- -- ./SoS_decision_-_George__Gareth_-_13433.pdf- c. Sought to prompt a response from Pupil A by asking questions in the emails ./SoS_decision_-_George__Gareth_-_13433.pdf- referred to in 3(b) above; ./SoS_decision_-_George__Gareth_-_13433.pdf- ./SoS_decision_-_George__Gareth_-_13433.pdf-Mr George admits that he sought to prompt a response from Pupil A by asking questions ./SoS_decision_-_George__Gareth_-_13433.pdf-in emails. Upon consideration of the evidence presented and heard during the course of ./SoS_decision_-_George__Gareth_-_13433.pdf-the proceedings, on the balance of probabilities, the panel finds this particular to be ./SoS_decision_-_George__Gareth_-_13433.pdf-proven. ./SoS_decision_-_George__Gareth_-_13433.pdf- ./SoS_decision_-_George__Gareth_-_13433.pdf:Turning to the allegation of sexual motivation, the panel noted that Mr George denied that ./SoS_decision_-_George__Gareth_-_13433.pdf:his actions were sexually motivated, and has consistently done so since the investigatory ./SoS_decision_-_George__Gareth_-_13433.pdf-interview and throughout these proceedings. ./SoS_decision_-_George__Gareth_-_13433.pdf- ./SoS_decision_-_George__Gareth_-_13433.pdf:The panel considered the two stage test for sexual motivation and using the reasoning as ./SoS_decision_-_George__Gareth_-_13433.pdf-outlined in 3a, the panel, by majority, was not satisfied that Mr George’s actions could be ./SoS_decision_-_George__Gareth_-_13433.pdf:viewed by a reasonable person as sexually motivated. ./SoS_decision_-_George__Gareth_-_13433.pdf- ./SoS_decision_-_George__Gareth_-_13433.pdf- d. Attempted to seek a more personal method of communication by asking ./SoS_decision_-_George__Gareth_-_13433.pdf- Pupil A if she had WhatsApp. ./SoS_decision_-_George__Gareth_-_13433.pdf- ./SoS_decision_-_George__Gareth_-_13433.pdf-Mr George admits that he attempted to seek a more personal method of communication ./SoS_decision_-_George__Gareth_-_13433.pdf-by asking Pupil A if she had WhatsApp. Upon consideration of the evidence presented ./SoS_decision_-_George__Gareth_-_13433.pdf-and heard during the course of the proceedings, on the balance of probabilities, the panel ./SoS_decision_-_George__Gareth_-_13433.pdf-finds this particular to be proven. ./SoS_decision_-_George__Gareth_-_13433.pdf- ./SoS_decision_-_George__Gareth_-_13433.pdf:Turning to the allegation of sexual motivation, the panel noted that Mr George denied that ./SoS_decision_-_George__Gareth_-_13433.pdf:his actions were sexually motivated, and has consistently done so since the investigatory ./SoS_decision_-_George__Gareth_-_13433.pdf-interview and throughout these proceedings. ./SoS_decision_-_George__Gareth_-_13433.pdf- ./SoS_decision_-_George__Gareth_-_13433.pdf:The panel considered the two stage test for sexual motivation and using the reasoning as ./SoS_decision_-_George__Gareth_-_13433.pdf-outlined in 3a, the panel, by majority, was not satisfied that Mr George’s actions could be ./SoS_decision_-_George__Gareth_-_13433.pdf:viewed by a reasonable person as sexually motivated. ./SoS_decision_-_George__Gareth_-_13433.pdf- ./SoS_decision_-_George__Gareth_-_13433.pdf:4. And in doing 2 above, your actions towards Pupil B were sexually motivated in ./SoS_decision_-_George__Gareth_-_13433.pdf-that you: ./SoS_decision_-_George__Gareth_-_13433.pdf- ./SoS_decision_-_George__Gareth_-_13433.pdf- a. Continued to use Pupil B’s personal mobile as a method of contacting her ./SoS_decision_-_George__Gareth_-_13433.pdf- outside of school; ./SoS_decision_-_George__Gareth_-_13433.pdf- ./SoS_decision_-_George__Gareth_-_13433.pdf-Mr George admits that he continued to use Pupil B’s personal mobile as a method of ./SoS_decision_-_George__Gareth_-_13433.pdf-contacting her outside of school. Upon consideration of the evidence, the panel finds on ./SoS_decision_-_George__Gareth_-_13433.pdf-the balance of probabilities, this to be proven. ./SoS_decision_-_George__Gareth_-_13433.pdf- ./SoS_decision_-_George__Gareth_-_13433.pdf- -- ./SoS_decision_-_George__Gareth_-_13433.pdf:Turning to the allegation of sexual motivation, the panel noted that Mr George denied that ./SoS_decision_-_George__Gareth_-_13433.pdf:his actions were sexually motivated, and has consistently done so since the investigatory ./SoS_decision_-_George__Gareth_-_13433.pdf-interview and throughout these proceedings. ./SoS_decision_-_George__Gareth_-_13433.pdf- ./SoS_decision_-_George__Gareth_-_13433.pdf:The panel considered the two stage test for sexual motivation – firstly whether a ./SoS_decision_-_George__Gareth_-_13433.pdf:reasonable person would think the words/actions could be sexual and secondly whether ./SoS_decision_-_George__Gareth_-_13433.pdf:the purpose of such words/actions was sexual in all of the circumstances of the case. ./SoS_decision_-_George__Gareth_-_13433.pdf- ./SoS_decision_-_George__Gareth_-_13433.pdf:Following a detailed discussion regarding the test to be applied for a finding of sexual ./SoS_decision_-_George__Gareth_-_13433.pdf-motivation and upon an in-depth consideration of the evidence, the panel decided, by a ./SoS_decision_-_George__Gareth_-_13433.pdf-majority decision, it was not satisfied that Mr George’s actions could be viewed by a ./SoS_decision_-_George__Gareth_-_13433.pdf:reasonable person as sexually motivated. In reaching this decision, the panel noted the ./SoS_decision_-_George__Gareth_-_13433.pdf:absence of sexualised language used in the communications with Pupil B and the lack of ./SoS_decision_-_George__Gareth_-_13433.pdf-evidence adduced. The panel also noted the oral evidence of Pupil B where she did not ./SoS_decision_-_George__Gareth_-_13433.pdf:believe that this contact was sexually motivated. As the first limb of the test was not ./SoS_decision_-_George__Gareth_-_13433.pdf-satisfied the panel therefore did not consider the second limb of the test. ./SoS_decision_-_George__Gareth_-_13433.pdf- ./SoS_decision_-_George__Gareth_-_13433.pdf- b. Persisted to send her multiple texts when Pupil B did not respond to your ./SoS_decision_-_George__Gareth_-_13433.pdf- text; ./SoS_decision_-_George__Gareth_-_13433.pdf- ./SoS_decision_-_George__Gareth_-_13433.pdf-Mr George denies this allegation. ./SoS_decision_-_George__Gareth_-_13433.pdf- ./SoS_decision_-_George__Gareth_-_13433.pdf-The panel considered the written statement of Pupil B (pages 21 to 22) and the note of ./SoS_decision_-_George__Gareth_-_13433.pdf-the interview in December 2014 (page 115), where Pupil B stated that when she, “started ./SoS_decision_-_George__Gareth_-_13433.pdf-to blank his message … I would then receive a string of five or six messages”. This ./SoS_decision_-_George__Gareth_-_13433.pdf-account was consistent with the oral evidence from Pupil B. ./SoS_decision_-_George__Gareth_-_13433.pdf- ./SoS_decision_-_George__Gareth_-_13433.pdf-The panel considered all of the evidence, and preferred the evidence of Pupil B and on ./SoS_decision_-_George__Gareth_-_13433.pdf-the balance of probabilities it believed that it was more likely than not that Mr George ./SoS_decision_-_George__Gareth_-_13433.pdf-persisted in sending Pupil B multiple text messages. ./SoS_decision_-_George__Gareth_-_13433.pdf- ./SoS_decision_-_George__Gareth_-_13433.pdf:Turning to the allegation of sexual motivation, the panel noted that Mr George denied that ./SoS_decision_-_George__Gareth_-_13433.pdf:his actions were sexually motivated, and has consistently done so since the investigatory ./SoS_decision_-_George__Gareth_-_13433.pdf-interview and throughout these proceedings. ./SoS_decision_-_George__Gareth_-_13433.pdf- ./SoS_decision_-_George__Gareth_-_13433.pdf:The panel considered the two stage test for sexual motivation and using the reasoning as ./SoS_decision_-_George__Gareth_-_13433.pdf-outlined in 4(a), the panel, by majority, was not satisfied that Mr George’s actions could ./SoS_decision_-_George__Gareth_-_13433.pdf:be viewed by a reasonable person as sexually motivated. ./SoS_decision_-_George__Gareth_-_13433.pdf- ./SoS_decision_-_George__Gareth_-_13433.pdf- c. Singled Pupil B out when she was in a group. ./SoS_decision_-_George__Gareth_-_13433.pdf- ./SoS_decision_-_George__Gareth_-_13433.pdf-Mr George denies this allegation. The panel defer to their decision at particular 2(d) and ./SoS_decision_-_George__Gareth_-_13433.pdf-find that on the balance of probabilities, Mr George did single out Pupil B when she was ./SoS_decision_-_George__Gareth_-_13433.pdf-in a group. ./SoS_decision_-_George__Gareth_-_13433.pdf- ./SoS_decision_-_George__Gareth_-_13433.pdf- 13 ./SoS_decision_-_George__Gareth_-_13433.pdf- -- ./SoS_decision_-_George__Gareth_-_13433.pdf:Turning to the allegation of sexual motivation, the panel noted that Mr George denied that ./SoS_decision_-_George__Gareth_-_13433.pdf:his actions were sexually motivated, and has consistently done so since the investigatory ./SoS_decision_-_George__Gareth_-_13433.pdf-interview and throughout these proceedings. ./SoS_decision_-_George__Gareth_-_13433.pdf- ./SoS_decision_-_George__Gareth_-_13433.pdf:The panel considered the two stage test for sexual motivation and using the reasoning as ./SoS_decision_-_George__Gareth_-_13433.pdf-outlined in 4(a), the panel, by majority, was not satisfied that Mr George’s actions could ./SoS_decision_-_George__Gareth_-_13433.pdf:be viewed by a reasonable person as sexually motivated. ./SoS_decision_-_George__Gareth_-_13433.pdf- ./SoS_decision_-_George__Gareth_-_13433.pdf-Findings as to unacceptable professional conduct and/or conduct that ./SoS_decision_-_George__Gareth_-_13433.pdf-may bring the profession into disrepute ./SoS_decision_-_George__Gareth_-_13433.pdf-Having found a number of the allegations to have been proven, the panel has gone on to ./SoS_decision_-_George__Gareth_-_13433.pdf-consider whether the facts of those proven allegations amount to unacceptable ./SoS_decision_-_George__Gareth_-_13433.pdf-professional conduct and/or conduct that may bring the profession into disrepute. ./SoS_decision_-_George__Gareth_-_13433.pdf- ./SoS_decision_-_George__Gareth_-_13433.pdf-In doing do, the panel has had regard to the admission made by Mr George in his oral ./SoS_decision_-_George__Gareth_-_13433.pdf-evidence, that by admitting the facts of particulars 1a, 1b, 1c, 2a, 2b, 2e, and 5, he also ./SoS_decision_-_George__Gareth_-_13433.pdf-admits that they amount to unacceptable professional conduct and conduct that may -- ./SoS_decision_-_George__Gareth_-_13433.pdf-be imposed with immediate effect. ./SoS_decision_-_George__Gareth_-_13433.pdf- ./SoS_decision_-_George__Gareth_-_13433.pdf-The panel went on to consider whether or not it would be appropriate for them to decide ./SoS_decision_-_George__Gareth_-_13433.pdf-to recommend that a review period of the order should be considered. The panel were ./SoS_decision_-_George__Gareth_-_13433.pdf-mindful that the Advice advises that a prohibition order applies for life, but there may be ./SoS_decision_-_George__Gareth_-_13433.pdf-circumstances in any given case that may make it appropriate to allow a teacher to apply ./SoS_decision_-_George__Gareth_-_13433.pdf-to have the prohibition order reviewed after a specified period of time that may not be ./SoS_decision_-_George__Gareth_-_13433.pdf-less than 2 years. ./SoS_decision_-_George__Gareth_-_13433.pdf- ./SoS_decision_-_George__Gareth_-_13433.pdf-The Advice indicates that there are behaviours that, if proven, would militate against a ./SoS_decision_-_George__Gareth_-_13433.pdf:review period being recommended. These behaviours include serious sexual ./SoS_decision_-_George__Gareth_-_13433.pdf- ./SoS_decision_-_George__Gareth_-_13433.pdf- ./SoS_decision_-_George__Gareth_-_13433.pdf- ./SoS_decision_-_George__Gareth_-_13433.pdf- 17 ./SoS_decision_-_George__Gareth_-_13433.pdf- -- ./SoS_decision_-_George__Gareth_-_13433.pdf:misconduct, e.g. where the act was sexually motivated and resulted in or had the ./SoS_decision_-_George__Gareth_-_13433.pdf-potential to result in, harm to a person or persons. ./SoS_decision_-_George__Gareth_-_13433.pdf- ./SoS_decision_-_George__Gareth_-_13433.pdf-The panel noted that Mr George has been found to have abused his position of trust and ./SoS_decision_-_George__Gareth_-_13433.pdf-acted in an inappropriate way towards pupils, however, this should not be seen as more ./SoS_decision_-_George__Gareth_-_13433.pdf-serious than it is – the panel has not found that Mr George made any physical contact ./SoS_decision_-_George__Gareth_-_13433.pdf:with any pupil; nor has it found Mr George to have been sexually motivated. Such ./SoS_decision_-_George__Gareth_-_13433.pdf-conduct was not present in this case. ./SoS_decision_-_George__Gareth_-_13433.pdf- ./SoS_decision_-_George__Gareth_-_13433.pdf-Mr George has, however, denied a number of the allegations raised, and the panel note ./SoS_decision_-_George__Gareth_-_13433.pdf-he has not demonstrated any insight into his inappropriate conduct or the impact on the ./SoS_decision_-_George__Gareth_-_13433.pdf-pupils, albeit he has expressed remorse for the resultant consequences of his actions. ./SoS_decision_-_George__Gareth_-_13433.pdf- ./SoS_decision_-_George__Gareth_-_13433.pdf-The panel felt the findings indicated a situation in which a review period would be ./SoS_decision_-_George__Gareth_-_13433.pdf-appropriate and proportionate given all the circumstances. ./SoS_decision_-_George__Gareth_-_13433.pdf- ./SoS_decision_-_George__Gareth_-_13433.pdf-The panel considers that Mr George will require at least 3 years to reflect upon the ./SoS_Decision_-_Loraine_Kelvin.pdf-The panel considered the allegation(s) set out in the Notice of Meeting dated 13 February ./SoS_Decision_-_Loraine_Kelvin.pdf-2015. ./SoS_Decision_-_Loraine_Kelvin.pdf- ./SoS_Decision_-_Loraine_Kelvin.pdf-It was alleged that Mr Kelvin Loraine was guilty of unacceptable professional conduct ./SoS_Decision_-_Loraine_Kelvin.pdf-and/or conduct that may bring the profession into disrepute, in that he: ./SoS_Decision_-_Loraine_Kelvin.pdf- ./SoS_Decision_-_Loraine_Kelvin.pdf-1. Developed an inappropriate relationship with Child A which commenced ./SoS_Decision_-_Loraine_Kelvin.pdf- when she was 15 years old and continued after she turned 16 years old, ./SoS_Decision_-_Loraine_Kelvin.pdf- including that he: ./SoS_Decision_-_Loraine_Kelvin.pdf- ./SoS_Decision_-_Loraine_Kelvin.pdf: a. Received 30-40 sexual images of Child A naked which she sent to him, ./SoS_Decision_-_Loraine_Kelvin.pdf- sometimes at his request; ./SoS_Decision_-_Loraine_Kelvin.pdf- ./SoS_Decision_-_Loraine_Kelvin.pdf- ./SoS_Decision_-_Loraine_Kelvin.pdf- 3 ./SoS_Decision_-_Loraine_Kelvin.pdf- -- ./SoS_Decision_-_Loraine_Kelvin.pdf: b. Instructed and viewed Child A in performing sexual acts via Skype; ./SoS_Decision_-_Loraine_Kelvin.pdf- ./SoS_Decision_-_Loraine_Kelvin.pdf- c. Allowed Child A to view him masturbating via Skype; ./SoS_Decision_-_Loraine_Kelvin.pdf- ./SoS_Decision_-_Loraine_Kelvin.pdf- d. Invited her to sign a slave contract with him. ./SoS_Decision_-_Loraine_Kelvin.pdf- ./SoS_Decision_-_Loraine_Kelvin.pdf:2. In doing so, his conduct as described in allegation 1 was sexually motivated. ./SoS_Decision_-_Loraine_Kelvin.pdf- ./SoS_Decision_-_Loraine_Kelvin.pdf-3. Received a caution from Durham Constabulary on 10/07/2014 for the offence ./SoS_Decision_-_Loraine_Kelvin.pdf- of possessing an indecent photograph or pseudo-photograph of a child on ./SoS_Decision_-_Loraine_Kelvin.pdf- 01/01/2013 – 21/01/2014. ./SoS_Decision_-_Loraine_Kelvin.pdf- ./SoS_Decision_-_Loraine_Kelvin.pdf-Mr Loraine admitted the alleged facts and that the admitted facts amount to unacceptable ./SoS_Decision_-_Loraine_Kelvin.pdf-professional conduct and conduct that may bring the profession into disrepute. He signed ./SoS_Decision_-_Loraine_Kelvin.pdf-a Statement of Agreed Facts to that effect. ./SoS_Decision_-_Loraine_Kelvin.pdf- ./SoS_Decision_-_Loraine_Kelvin.pdf- -- ./SoS_Decision_-_Loraine_Kelvin.pdf-‘We have now carefully considered the case before us and have reached a decision. ./SoS_Decision_-_Loraine_Kelvin.pdf- ./SoS_Decision_-_Loraine_Kelvin.pdf-We confirm that we have read all the documents provided in the bundle in advance of the ./SoS_Decision_-_Loraine_Kelvin.pdf-meeting. ./SoS_Decision_-_Loraine_Kelvin.pdf- ./SoS_Decision_-_Loraine_Kelvin.pdf-Mr Loraine was born on 29 June 1983. At all relevant times he was employed to carry out ./SoS_Decision_-_Loraine_Kelvin.pdf-teaching work at a school in England. Mr Loraine came into contact with Child A in an on- ./SoS_Decision_-_Loraine_Kelvin.pdf-line chat room on the internet in or about March/April 2013. Child A would have been 15 ./SoS_Decision_-_Loraine_Kelvin.pdf-years old at that time. They had daily contact on-line and by phone. Mr Loraine admits ./SoS_Decision_-_Loraine_Kelvin.pdf-that his communications, on-line and by phone, with Child A were romantic and ./SoS_Decision_-_Loraine_Kelvin.pdf:sometimes sexual in nature. He admits that he became aware that she was 15 years of ./SoS_Decision_-_Loraine_Kelvin.pdf-age at some point after the relationship commenced and at least 6 weeks before Child ./SoS_Decision_-_Loraine_Kelvin.pdf-A’s 16th birthday. Mr Loraine accepts that Child A sent approximately 30 – 40 ./SoS_Decision_-_Loraine_Kelvin.pdf-photographs of her naked body to him, sometimes but not always at his request. Mr ./SoS_Decision_-_Loraine_Kelvin.pdf-Loraine asserts that this did not occur until after Child A’s 16 th birthday and during these ./SoS_Decision_-_Loraine_Kelvin.pdf-communications Mr Loraine requested that Pupil A touch herself intimately using her ./SoS_Decision_-_Loraine_Kelvin.pdf:finger, her hairbrush and a sex toy and that he viewed her performing these acts via ./SoS_Decision_-_Loraine_Kelvin.pdf:Skype. Mr Loraine admits that this was for his sexual gratification. ./SoS_Decision_-_Loraine_Kelvin.pdf- ./SoS_Decision_-_Loraine_Kelvin.pdf-Mr Loraine also admits that, shortly after Child A’s 16th birthday, he and Child A entered ./SoS_Decision_-_Loraine_Kelvin.pdf-into a “slave contract”, the written terms of which are attached to the Agreed Statement of ./SoS_Decision_-_Loraine_Kelvin.pdf:Facts. Mr Loraine admits that his conduct was sexually motivated. On 30 November ./SoS_Decision_-_Loraine_Kelvin.pdf-2013, shortly after Child A’s 16th birthday, Mr Loraine arranged to meet her at a hotel in ./SoS_Decision_-_Loraine_Kelvin.pdf-Plymouth and travelled there from his home in Durham. They then engaged in ./SoS_Decision_-_Loraine_Kelvin.pdf:consensual sexual intercourse. ./SoS_Decision_-_Loraine_Kelvin.pdf- ./SoS_Decision_-_Loraine_Kelvin.pdf-Mr Loraine received a caution from Durham Constabulary on 10 July 2014 for the offence ./SoS_Decision_-_Loraine_Kelvin.pdf-of possessing an indecent photograph or pseudo-photograph of a child. Mr Loraine says ./SoS_Decision_-_Loraine_Kelvin.pdf-that he accepted this caution on the basis that he had in his possession indecent images ./SoS_Decision_-_Loraine_Kelvin.pdf-of Child A when she she was aged 16. He said that he was unaware that an individual ./SoS_Decision_-_Loraine_Kelvin.pdf-had to be 18 years of age in respect of such images.’ ./SoS_Decision_-_Loraine_Kelvin.pdf- ./SoS_Decision_-_Loraine_Kelvin.pdf-Findings of fact ./SoS_Decision_-_Loraine_Kelvin.pdf-1. Developed an inappropriate relationship with Child A which commenced ./SoS_Decision_-_Loraine_Kelvin.pdf- when she was 15 years old and continued after she turned 16 years old, ./SoS_Decision_-_Loraine_Kelvin.pdf- including that he : ./SoS_Decision_-_Loraine_Kelvin.pdf- ./SoS_Decision_-_Loraine_Kelvin.pdf: a. Received 30-40 sexual images of Child A naked which she sent to him, ./SoS_Decision_-_Loraine_Kelvin.pdf- sometimes at his request; ./SoS_Decision_-_Loraine_Kelvin.pdf- ./SoS_Decision_-_Loraine_Kelvin.pdf: b. Instructed and viewed Child A in performing sexual acts via Skype; ./SoS_Decision_-_Loraine_Kelvin.pdf- ./SoS_Decision_-_Loraine_Kelvin.pdf- 5 ./SoS_Decision_-_Loraine_Kelvin.pdf- -- ./SoS_Decision_-_Loraine_Kelvin.pdf- c. Allowed Child A to view him masturbating via Skype; ./SoS_Decision_-_Loraine_Kelvin.pdf- ./SoS_Decision_-_Loraine_Kelvin.pdf- d. Invited her to sign a slave contract with him. ./SoS_Decision_-_Loraine_Kelvin.pdf- ./SoS_Decision_-_Loraine_Kelvin.pdf:2. In doing so, his conduct as described in allegation 1 was sexually motivated. ./SoS_Decision_-_Loraine_Kelvin.pdf- ./SoS_Decision_-_Loraine_Kelvin.pdf-3. Received a caution from Durham Constabulary on 10/07/2014 for the offence ./SoS_Decision_-_Loraine_Kelvin.pdf- of possessing an indecent photograph or pseudo-photograph of a child on ./SoS_Decision_-_Loraine_Kelvin.pdf- 01/01/2013 – 21/01/2014. ./SoS_Decision_-_Loraine_Kelvin.pdf- ./SoS_Decision_-_Loraine_Kelvin.pdf- The panel finds the facts of each allegation proved, based on Mr Loraine’s ./SoS_Decision_-_Loraine_Kelvin.pdf- admissions and the content of the Agreed Statement of Facts. ./SoS_Decision_-_Loraine_Kelvin.pdf- ./SoS_Decision_-_Loraine_Kelvin.pdf-Findings as to unacceptable professional conduct and/or ./SoS_Decision_-_Loraine_Kelvin.pdf-conduct that may bring the profession into disrepute -- ./SoS_Decision_-_Loraine_Kelvin.pdf-  Although Mr Loraine was not Child A’s teacher, he did tell her that he was a ./SoS_Decision_-_Loraine_Kelvin.pdf- teacher. This had the potential for establishing Child A’s trust in him and ./SoS_Decision_-_Loraine_Kelvin.pdf- influencing her behaviour where there was a significant age difference between ./SoS_Decision_-_Loraine_Kelvin.pdf- the two. ./SoS_Decision_-_Loraine_Kelvin.pdf:  Mr Loraine has admitted that his actions were sexually motivated and potentially ./SoS_Decision_-_Loraine_Kelvin.pdf- used influence derived from his professional position. ./SoS_Decision_-_Loraine_Kelvin.pdf-  Mr Loraine admitted that he caused, on occasions, Child A to take and send ./SoS_Decision_-_Loraine_Kelvin.pdf: indecent images of herself as well as performing sexual acts over Skype for his ./SoS_Decision_-_Loraine_Kelvin.pdf: own sexual gratification. ./SoS_Decision_-_Loraine_Kelvin.pdf-  He committed the offence of possession of indecent images of Child A, for which ./SoS_Decision_-_Loraine_Kelvin.pdf- he was cautioned. ./SoS_Decision_-_Loraine_Kelvin.pdf-The panel then considered any mitigating factors. The panel noted that Mr Loraine had a ./SoS_Decision_-_Loraine_Kelvin.pdf-previous good history as a teacher. Mr Loraine expresses regret for his actions. However, ./SoS_Decision_-_Loraine_Kelvin.pdf-the panel considers that his actions were planned over a period of time and, therefore, ./SoS_Decision_-_Loraine_Kelvin.pdf-deliberate. ./SoS_Decision_-_Loraine_Kelvin.pdf- ./SoS_Decision_-_Loraine_Kelvin.pdf-The panel is satisfied that it is necessary for a prohibition order to be imposed in order to ./SoS_Decision_-_Loraine_Kelvin.pdf-protect pupils and other members of the public, maintain public confidence in the ./SoS_Decision_-_Loraine_Kelvin.pdf-teaching profession and to declare and uphold proper standards of conduct. The panel ./SoS_Decision_-_Loraine_Kelvin.pdf-believes this is a proportionate sanction. This is the panel’s recommendation. ./SoS_Decision_-_Loraine_Kelvin.pdf- ./SoS_Decision_-_Loraine_Kelvin.pdf-The panel then considered whether to recommend that Mr Loraine be allowed to apply to ./SoS_Decision_-_Loraine_Kelvin.pdf-have the prohibition order reviewed after a specified period of time. The panel noted that: ./SoS_Decision_-_Loraine_Kelvin.pdf- ./SoS_Decision_-_Loraine_Kelvin.pdf:  this was serious sexual misconduct in that Mr Loraine’s actions were sexually ./SoS_Decision_-_Loraine_Kelvin.pdf- motivated, had the potential to result in harm to Child A and may have involved ./SoS_Decision_-_Loraine_Kelvin.pdf- use of influence derived from his professional position. ./SoS_Decision_-_Loraine_Kelvin.pdf-  Mr Loraine was the instigator of indecent images of Child A being taken which he ./SoS_Decision_-_Loraine_Kelvin.pdf: then had in his possession for his own sexual gratification. ./SoS_Decision_-_Loraine_Kelvin.pdf-For these reasons the panel recommends that a prohibition order is imposed with no ./SoS_Decision_-_Loraine_Kelvin.pdf-provision for Mr Loraine to apply to have it set aside. ./SoS_Decision_-_Loraine_Kelvin.pdf- ./SoS_Decision_-_Loraine_Kelvin.pdf- ./SoS_Decision_-_Loraine_Kelvin.pdf-Decision and reasons on behalf of the Secretary of State ./SoS_Decision_-_Loraine_Kelvin.pdf-I have considered the findings and recommendations of the panel in this case. ./SoS_Decision_-_Loraine_Kelvin.pdf- ./SoS_Decision_-_Loraine_Kelvin.pdf-The panel have found proven a range of allegations relating to an inappropriate ./SoS_Decision_-_Loraine_Kelvin.pdf:relationship with child A, they have found his actions to be sexually motivated and they ./SoS_Decision_-_Loraine_Kelvin.pdf-have taken into account a caution for the offence of possessing an indecent photograph ./SoS_Decision_-_Loraine_Kelvin.pdf-or pseudo-photograph of a child. The panel have judged the facts to amount to both ./SoS_Decision_-_Loraine_Kelvin.pdf-unacceptable professional conduct and conduct that may bring the profession into ./SoS_Decision_-_Loraine_Kelvin.pdf-disrepute. ./SoS_Decision_-_Loraine_Kelvin.pdf- ./SoS_Decision_-_Loraine_Kelvin.pdf- 7 ./SoS_Decision_-_Loraine_Kelvin.pdf- -- ./SoS_Decision_-_Loraine_Kelvin.pdf-The panel are satisfied that Mr Loraine’s behaviour is incompatible with being a teacher. ./SoS_Decision_-_Loraine_Kelvin.pdf-Despite his previous good history as a teacher and his expressions of regret, the panel ./SoS_Decision_-_Loraine_Kelvin.pdf-have recommended that it is both appropriate and proportionate to impose a prohibition ./SoS_Decision_-_Loraine_Kelvin.pdf-order. I agree with their recommendation. ./SoS_Decision_-_Loraine_Kelvin.pdf- ./SoS_Decision_-_Loraine_Kelvin.pdf:The panel have noted that Mr Loraine’s behaviour amounts to serious sexual ./SoS_Decision_-_Loraine_Kelvin.pdf-misconduct. He was the instigator of indecent images of a child being taken which he ./SoS_Decision_-_Loraine_Kelvin.pdf:then had in his possession for his own sexual gratification. I agree with the panel’s ./SoS_Decision_-_Loraine_Kelvin.pdf-recommendation that the order should be without the opportunity to apply for it to set ./SoS_Decision_-_Loraine_Kelvin.pdf-aside at a future date. ./SoS_Decision_-_Loraine_Kelvin.pdf- ./SoS_Decision_-_Loraine_Kelvin.pdf-This means that Mr Kelvin Loraine is prohibited from teaching indefinitely and ./SoS_Decision_-_Loraine_Kelvin.pdf-cannot teach in any school, sixth form college, relevant youth accommodation or ./SoS_Decision_-_Loraine_Kelvin.pdf-children’s home in England. Furthermore, in view of the seriousness of the allegations ./SoS_Decision_-_Loraine_Kelvin.pdf-found proved against him, I have decided that Mr Kelvin Loraine shall not be entitled to ./SoS_Decision_-_Loraine_Kelvin.pdf-apply for restoration of his eligibility to teach. ./SoS_Decision_-_Loraine_Kelvin.pdf- ./SoS_Decision_-_Loraine_Kelvin.pdf-This order takes effect from the date on which it is served on the teacher. ./SoS_decision_-_MacCallum__Robert_19590__Redacted_.pdf- [REDACTED] hand; ./SoS_decision_-_MacCallum__Robert_19590__Redacted_.pdf- ./SoS_decision_-_MacCallum__Robert_19590__Redacted_.pdf- c) On or around [REDACTED] he: ./SoS_decision_-_MacCallum__Robert_19590__Redacted_.pdf- ./SoS_decision_-_MacCallum__Robert_19590__Redacted_.pdf- i. attended a ‘night out’ with Former Pupil A; ./SoS_decision_-_MacCallum__Robert_19590__Redacted_.pdf- ./SoS_decision_-_MacCallum__Robert_19590__Redacted_.pdf- ii. kissed Former Pupil A; ./SoS_decision_-_MacCallum__Robert_19590__Redacted_.pdf- ./SoS_decision_-_MacCallum__Robert_19590__Redacted_.pdf- iii. arranged a hotel room for yourself and Former Pupil A; ./SoS_decision_-_MacCallum__Robert_19590__Redacted_.pdf- ./SoS_decision_-_MacCallum__Robert_19590__Redacted_.pdf: iv. engaged in sexual intercourse with Former Pupil A; ./SoS_decision_-_MacCallum__Robert_19590__Redacted_.pdf- ./SoS_decision_-_MacCallum__Robert_19590__Redacted_.pdf-2. On or around [REDACTED], he was dishonest and/or deliberately misled Individual A ./SoS_decision_-_MacCallum__Robert_19590__Redacted_.pdf- in that he made the following statements to him when he knew them to be untrue: ./SoS_decision_-_MacCallum__Robert_19590__Redacted_.pdf- ./SoS_decision_-_MacCallum__Robert_19590__Redacted_.pdf- ./SoS_decision_-_MacCallum__Robert_19590__Redacted_.pdf- ./SoS_decision_-_MacCallum__Robert_19590__Redacted_.pdf- 4 ./SoS_decision_-_MacCallum__Robert_19590__Redacted_.pdf- -- ./SoS_decision_-_MacCallum__Robert_19590__Redacted_.pdf-Decision and reasons ./SoS_decision_-_MacCallum__Robert_19590__Redacted_.pdf-The panel announced its decision and reasons as follows: ./SoS_decision_-_MacCallum__Robert_19590__Redacted_.pdf- ./SoS_decision_-_MacCallum__Robert_19590__Redacted_.pdf-The panel carefully considered the case before it and reached a decision. ./SoS_decision_-_MacCallum__Robert_19590__Redacted_.pdf- ./SoS_decision_-_MacCallum__Robert_19590__Redacted_.pdf-Mr MacCallum commenced employment at William Hulme’s Grammar School (‘the ./SoS_decision_-_MacCallum__Robert_19590__Redacted_.pdf-School’) as a teacher of PE and head of Year 12 on 1 September 2008. ./SoS_decision_-_MacCallum__Robert_19590__Redacted_.pdf- ./SoS_decision_-_MacCallum__Robert_19590__Redacted_.pdf-On [REDACTED], the School received a third-party complaint from [REDACTED], Pupil ./SoS_decision_-_MacCallum__Robert_19590__Redacted_.pdf-B, who raised concerns about the appropriateness of Mr MacCallum’s relationship with ./SoS_decision_-_MacCallum__Robert_19590__Redacted_.pdf:Pupil A as they were alleged to have engaged in sexual activity. ./SoS_decision_-_MacCallum__Robert_19590__Redacted_.pdf- ./SoS_decision_-_MacCallum__Robert_19590__Redacted_.pdf-The School reported the complaint to the LADO who concluded that there was no reason ./SoS_decision_-_MacCallum__Robert_19590__Redacted_.pdf-to doubt Mr MacCallum when he said that he met Pupil A by accident whilst they were ./SoS_decision_-_MacCallum__Robert_19590__Redacted_.pdf-both out [REDACTED] and that there was nothing further to it. The LADO’s view was ./SoS_decision_-_MacCallum__Robert_19590__Redacted_.pdf-that, whilst possibly inappropriate, the meeting was not illegal. ./SoS_decision_-_MacCallum__Robert_19590__Redacted_.pdf- ./SoS_decision_-_MacCallum__Robert_19590__Redacted_.pdf- ./SoS_decision_-_MacCallum__Robert_19590__Redacted_.pdf- 6 ./SoS_decision_-_MacCallum__Robert_19590__Redacted_.pdf- -- ./SoS_decision_-_MacCallum__Robert_19590__Redacted_.pdf-reasons: ./SoS_decision_-_MacCallum__Robert_19590__Redacted_.pdf- ./SoS_decision_-_MacCallum__Robert_19590__Redacted_.pdf-1c) On or around [REDACTED] you: ./SoS_decision_-_MacCallum__Robert_19590__Redacted_.pdf- ./SoS_decision_-_MacCallum__Robert_19590__Redacted_.pdf- i. attended a ‘night out’ with Former Pupil A; ./SoS_decision_-_MacCallum__Robert_19590__Redacted_.pdf- ./SoS_decision_-_MacCallum__Robert_19590__Redacted_.pdf- ii. kissed Former Pupil A; ./SoS_decision_-_MacCallum__Robert_19590__Redacted_.pdf- ./SoS_decision_-_MacCallum__Robert_19590__Redacted_.pdf- iii. arranged a hotel room for yourself and Former Pupil A; ./SoS_decision_-_MacCallum__Robert_19590__Redacted_.pdf- ./SoS_decision_-_MacCallum__Robert_19590__Redacted_.pdf: iv. engaged in sexual intercourse with Former Pupil A; ./SoS_decision_-_MacCallum__Robert_19590__Redacted_.pdf- ./SoS_decision_-_MacCallum__Robert_19590__Redacted_.pdf-Mr MacCallum admitted allegations 1(c)(ii) and (iii). ./SoS_decision_-_MacCallum__Robert_19590__Redacted_.pdf- ./SoS_decision_-_MacCallum__Robert_19590__Redacted_.pdf-The panel noted that Mr MacCallum denied having an “affair” or indeed an “inappropriate ./SoS_decision_-_MacCallum__Robert_19590__Redacted_.pdf-relationship” with Pupil A over any period of time, during [REDACTED] time at the School ./SoS_decision_-_MacCallum__Robert_19590__Redacted_.pdf-or the years that followed. Mr MacCallum submitted that he had not seen Pupil A for ./SoS_decision_-_MacCallum__Robert_19590__Redacted_.pdf-nearly [REDACTED] when this incident occurred, at which point [REDACTED] was ./SoS_decision_-_MacCallum__Robert_19590__Redacted_.pdf-[REDACTED], and this was not part of a prolonged affair or inappropriate relationship ./SoS_decision_-_MacCallum__Robert_19590__Redacted_.pdf-over time. Mr MacCallum explained that he had been out drinking with some friends ./SoS_decision_-_MacCallum__Robert_19590__Redacted_.pdf-[REDACTED]; he had not arranged to meet Pupil A and assumed that [REDACTED] -- ./SoS_decision_-_MacCallum__Robert_19590__Redacted_.pdf-Pupil A explained that, after kissing, there was some discussion about where they would ./SoS_decision_-_MacCallum__Robert_19590__Redacted_.pdf-go. Pupil A stated that Mr MacCallum suggested going to Pupil A’s house but ./SoS_decision_-_MacCallum__Robert_19590__Redacted_.pdf-[REDACTED] were there this was not an option. [REDACTED] maintained that Mr ./SoS_decision_-_MacCallum__Robert_19590__Redacted_.pdf-MacCallum then wanted to take [REDACTED] to his house, but [REDACTED] felt ./SoS_decision_-_MacCallum__Robert_19590__Redacted_.pdf-uncomfortable about this because of Individual D even though she was away at the time. ./SoS_decision_-_MacCallum__Robert_19590__Redacted_.pdf-Therefore, [REDACTED] said that Mr MacCallum had suggested a hotel which he paid ./SoS_decision_-_MacCallum__Robert_19590__Redacted_.pdf-for and they stayed at the [REDACTED]. Pupil A took a picture of the hotel room, ./SoS_decision_-_MacCallum__Robert_19590__Redacted_.pdf-approximately 10 minutes after arriving which is timestamped at 03:25am, which was ./SoS_decision_-_MacCallum__Robert_19590__Redacted_.pdf-submitted as part of the bundle. ./SoS_decision_-_MacCallum__Robert_19590__Redacted_.pdf- ./SoS_decision_-_MacCallum__Robert_19590__Redacted_.pdf:Pupil A submitted that it became apparent that they were going to have sex and that they ./SoS_decision_-_MacCallum__Robert_19590__Redacted_.pdf:did indeed engage twice in sexual intercourse and then went to sleep. Pupil A ./SoS_decision_-_MacCallum__Robert_19590__Redacted_.pdf-remembered that Mr MacCallum kept saying “You’re so naughty.” Pupil A stated that ./SoS_decision_-_MacCallum__Robert_19590__Redacted_.pdf-[REDACTED] remembered being very drunk and disorientated. ./SoS_decision_-_MacCallum__Robert_19590__Redacted_.pdf- ./SoS_decision_-_MacCallum__Robert_19590__Redacted_.pdf-When Pupil A woke up the next morning, Mr MacCallum was awake and said he could ./SoS_decision_-_MacCallum__Robert_19590__Redacted_.pdf-not be there. Pupil A was aware that Individual D was away and not due back till the ./SoS_decision_-_MacCallum__Robert_19590__Redacted_.pdf-following day, so was asking why he had to leave. Pupil A explained that [REDACTED] ./SoS_decision_-_MacCallum__Robert_19590__Redacted_.pdf-did not know what to do. Pupil A did not expect that they would get together and be in a ./SoS_decision_-_MacCallum__Robert_19590__Redacted_.pdf-relationship, but [REDACTED] did not expect to be a one night stand; Pupil A thought Mr ./SoS_decision_-_MacCallum__Robert_19590__Redacted_.pdf-MacCallum cared about [REDACTED]. ./SoS_decision_-_MacCallum__Robert_19590__Redacted_.pdf- -- ./SoS_decision_-_MacCallum__Robert_19590__Redacted_.pdf-result of Mr MacCallum having had his picture taken with some other former pupils when ./SoS_decision_-_MacCallum__Robert_19590__Redacted_.pdf-he came across them in a bar earlier in the evening. Mr MacCallum stated that he ./SoS_decision_-_MacCallum__Robert_19590__Redacted_.pdf-believed this photograph could have been posted to social media for Pupil A to see which ./SoS_decision_-_MacCallum__Robert_19590__Redacted_.pdf-could have then revealed his whereabouts that evening. Mr MacCallum denied that this ./SoS_decision_-_MacCallum__Robert_19590__Redacted_.pdf-was therefore a prearranged meet up, however, the panel considered that, irrespective of ./SoS_decision_-_MacCallum__Robert_19590__Redacted_.pdf-the way in which Mr MacCallum and Pupil A had come across each other that evening, ./SoS_decision_-_MacCallum__Robert_19590__Redacted_.pdf-Mr MacCallum had stayed in a bar with Pupil A, had drinks with [REDACTED] alone and, ./SoS_decision_-_MacCallum__Robert_19590__Redacted_.pdf-as such, had therefore attended a night out with [REDACTED]. ./SoS_decision_-_MacCallum__Robert_19590__Redacted_.pdf- ./SoS_decision_-_MacCallum__Robert_19590__Redacted_.pdf-With regard to allegation 1(c)(iv) the panel considered Mr MacCallum’s denial that the ./SoS_decision_-_MacCallum__Robert_19590__Redacted_.pdf:parties had engaged in sexual intercourse in the hotel. However, the panel considered ./SoS_decision_-_MacCallum__Robert_19590__Redacted_.pdf:that, the parties were more likely than not to have engaged in sexual intercourse in the ./SoS_decision_-_MacCallum__Robert_19590__Redacted_.pdf-manner alleged in Pupil A’s evidence. The panel found Mr MacCallum’s evidence that he ./SoS_decision_-_MacCallum__Robert_19590__Redacted_.pdf:had remained at the hotel until the morning without engaging in any sexual activity with ./SoS_decision_-_MacCallum__Robert_19590__Redacted_.pdf-Pupil A somewhat implausible. The panel considered that Pupil A did not have a ./SoS_decision_-_MacCallum__Robert_19590__Redacted_.pdf-motivation to lie about this allegation and, in fact, it was more damaging for Pupil A to ./SoS_decision_-_MacCallum__Robert_19590__Redacted_.pdf-later disclose this to the School especially given [REDACTED] at the time. Pupil A’s ./SoS_decision_-_MacCallum__Robert_19590__Redacted_.pdf-evidence on this point was consistent and measured. Therefore, the panel considered ./SoS_decision_-_MacCallum__Robert_19590__Redacted_.pdf-that, on the balance of probabilities, Pupil A’s evidence was more credible. ./SoS_decision_-_MacCallum__Robert_19590__Redacted_.pdf- ./SoS_decision_-_MacCallum__Robert_19590__Redacted_.pdf-In light of the findings above, the panel disagreed with Mr MacCallum’s view that his ./SoS_decision_-_MacCallum__Robert_19590__Redacted_.pdf-actions on [REDACTED] were merely “inadvisable” as opposed to constituting ./SoS_decision_-_MacCallum__Robert_19590__Redacted_.pdf-inappropriate professional conduct involving a former Pupil A [REDACTED] of which he ./SoS_decision_-_MacCallum__Robert_19590__Redacted_.pdf-was aware. -- ./SoS_decision_-_MacCallum__Robert_19590__Redacted_.pdf-The panel concluded that Mr MacCallum had continued a relationship outside school with ./SoS_decision_-_MacCallum__Robert_19590__Redacted_.pdf-a former pupil whom he had mentored and whom he knew [REDACTED] and with whom ./SoS_decision_-_MacCallum__Robert_19590__Redacted_.pdf:he was in a position of trust, had had sexual intercourse with this former pupil and had ./SoS_decision_-_MacCallum__Robert_19590__Redacted_.pdf-then acted dishonestly when confronted with the facts of what he had done. In light of ./SoS_decision_-_MacCallum__Robert_19590__Redacted_.pdf-this, the panel was satisfied that the conduct of Mr MacCallum amounted to misconduct ./SoS_decision_-_MacCallum__Robert_19590__Redacted_.pdf-of a serious nature which fell significantly short of the standards expected of the ./SoS_decision_-_MacCallum__Robert_19590__Redacted_.pdf-profession. ./SoS_decision_-_MacCallum__Robert_19590__Redacted_.pdf- ./SoS_decision_-_MacCallum__Robert_19590__Redacted_.pdf-Whilst the panel noted that some of the allegations related to conduct with a former pupil, ./SoS_decision_-_MacCallum__Robert_19590__Redacted_.pdf-Mr MacCallum’s lack of integrity and dishonesty did in fact take place within the ./SoS_decision_-_MacCallum__Robert_19590__Redacted_.pdf-education setting in the context of his meetings with Individual A. ./SoS_decision_-_MacCallum__Robert_19590__Redacted_.pdf- ./SoS_decision_-_MacCallum__Robert_19590__Redacted_.pdf-The panel also considered whether Mr MacCallum’s conduct displayed behaviours -- ./SoS_decision_-_MacCallum__Robert_19590__Redacted_.pdf- • an abuse of any trust, knowledge or influence grained through their professional ./SoS_decision_-_MacCallum__Robert_19590__Redacted_.pdf: position in order to advance a romantic or sexual relationship with a pupil or former ./SoS_decision_-_MacCallum__Robert_19590__Redacted_.pdf- pupil; ./SoS_decision_-_MacCallum__Robert_19590__Redacted_.pdf- ./SoS_decision_-_MacCallum__Robert_19590__Redacted_.pdf: • sexual misconduct, for example, involving actions that were sexually motivated or ./SoS_decision_-_MacCallum__Robert_19590__Redacted_.pdf: of a sexual nature and/or that use or exploit the trust, knowledge or influence ./SoS_decision_-_MacCallum__Robert_19590__Redacted_.pdf- derived from the individual’s professional position; ./SoS_decision_-_MacCallum__Robert_19590__Redacted_.pdf- ./SoS_decision_-_MacCallum__Robert_19590__Redacted_.pdf- • dishonesty or a lack of integrity, including the deliberate concealment of their ./SoS_decision_-_MacCallum__Robert_19590__Redacted_.pdf- actions or purposeful destruction of evidence, especially where these behaviours ./SoS_decision_-_MacCallum__Robert_19590__Redacted_.pdf- have been repeated or had serious consequences, or involved the coercion of ./SoS_decision_-_MacCallum__Robert_19590__Redacted_.pdf- another person to act in a way contrary to their own interests; and ./SoS_decision_-_MacCallum__Robert_19590__Redacted_.pdf- ./SoS_decision_-_MacCallum__Robert_19590__Redacted_.pdf- • collusion or concealment including: ./SoS_decision_-_MacCallum__Robert_19590__Redacted_.pdf- ./SoS_decision_-_MacCallum__Robert_19590__Redacted_.pdf-  any activity that involves knowingly substantiating another person’s -- ./SoS_decision_-_MacCallum__Robert_19590__Redacted_.pdf- ./SoS_decision_-_MacCallum__Robert_19590__Redacted_.pdf- o having regard for the need to safeguard pupils’ well-being, in accordance ./SoS_decision_-_MacCallum__Robert_19590__Redacted_.pdf- with statutory provisions. ./SoS_decision_-_MacCallum__Robert_19590__Redacted_.pdf- ./SoS_decision_-_MacCallum__Robert_19590__Redacted_.pdf- • Teachers must have an understanding of, and always act within, the statutory ./SoS_decision_-_MacCallum__Robert_19590__Redacted_.pdf- frameworks which set out their professional duties and responsibilities. ./SoS_decision_-_MacCallum__Robert_19590__Redacted_.pdf- ./SoS_decision_-_MacCallum__Robert_19590__Redacted_.pdf-The findings of misconduct are particularly serious as they include, “that Mr MacCallum ./SoS_decision_-_MacCallum__Robert_19590__Redacted_.pdf-had continued a relationship outside school with a former pupil whom he had mentored ./SoS_decision_-_MacCallum__Robert_19590__Redacted_.pdf-and whom he knew [REDACTED] and with whom he was in a position of trust, had had ./SoS_decision_-_MacCallum__Robert_19590__Redacted_.pdf:sexual intercourse with this former pupil and had then acted dishonestly when confronted ./SoS_decision_-_MacCallum__Robert_19590__Redacted_.pdf-with the facts of what he had done.” ./SoS_decision_-_MacCallum__Robert_19590__Redacted_.pdf- ./SoS_decision_-_MacCallum__Robert_19590__Redacted_.pdf-I have to determine whether the imposition of a prohibition order is proportionate and in ./SoS_decision_-_MacCallum__Robert_19590__Redacted_.pdf-the public interest. In considering that for this case, I have considered the overall aim of a ./SoS_decision_-_MacCallum__Robert_19590__Redacted_.pdf-prohibition order which is to protect pupils and to maintain public confidence in the ./SoS_decision_-_MacCallum__Robert_19590__Redacted_.pdf-profession. I have considered the extent to which a prohibition order in this case would ./SoS_decision_-_MacCallum__Robert_19590__Redacted_.pdf-achieve that aim taking into account the impact that it will have on the individual teacher. ./SoS_decision_-_MacCallum__Robert_19590__Redacted_.pdf-I have also asked myself, whether a less intrusive measure, such as the published ./SoS_decision_-_MacCallum__Robert_19590__Redacted_.pdf-finding of unacceptable professional conduct and conduct that may bring the profession ./SoS_decision_-_MacCallum__Robert_19590__Redacted_.pdf-into disrepute, would itself be sufficient to achieve the overall aim. I have to consider ./SoS_Decision_-_Sadiqa_Ali_REDACTED.webdecision.pdf-that may bring the profession into disrepute, in that, whilst a teacher at Babington ./SoS_Decision_-_Sadiqa_Ali_REDACTED.webdecision.pdf-Academy: ./SoS_Decision_-_Sadiqa_Ali_REDACTED.webdecision.pdf- ./SoS_Decision_-_Sadiqa_Ali_REDACTED.webdecision.pdf- 1. On unknown dates in or around December 2017 ./SoS_Decision_-_Sadiqa_Ali_REDACTED.webdecision.pdf- (a) you told Pupil A that you wanted to “talk in a different way” with him, ./SoS_Decision_-_Sadiqa_Ali_REDACTED.webdecision.pdf- (b) you shared your personal telephone number with Pupil A, ./SoS_Decision_-_Sadiqa_Ali_REDACTED.webdecision.pdf- (c) you messaged Pupil A with words to the effect that you loved him, ./SoS_Decision_-_Sadiqa_Ali_REDACTED.webdecision.pdf- (d) you went to the cinema with Pupil A, ./SoS_Decision_-_Sadiqa_Ali_REDACTED.webdecision.pdf- (e) you held Pupil A’s hand, ./SoS_Decision_-_Sadiqa_Ali_REDACTED.webdecision.pdf- (f) you kissed Pupil A’s hand; ./SoS_Decision_-_Sadiqa_Ali_REDACTED.webdecision.pdf: 2. Your conduct set out in the following paragraphs was sexually motivated ./SoS_Decision_-_Sadiqa_Ali_REDACTED.webdecision.pdf- (a) Paragraph 1(c), ./SoS_Decision_-_Sadiqa_Ali_REDACTED.webdecision.pdf- (b) Paragraph 1(d), ./SoS_Decision_-_Sadiqa_Ali_REDACTED.webdecision.pdf- (c) Paragraph 1(e); ./SoS_Decision_-_Sadiqa_Ali_REDACTED.webdecision.pdf- 3. By your conduct set out in paragraph 1, you failed to observe a proper boundary ./SoS_Decision_-_Sadiqa_Ali_REDACTED.webdecision.pdf- appropriate to a teacher’s professional position. ./SoS_Decision_-_Sadiqa_Ali_REDACTED.webdecision.pdf- ./SoS_Decision_-_Sadiqa_Ali_REDACTED.webdecision.pdf- ./SoS_Decision_-_Sadiqa_Ali_REDACTED.webdecision.pdf- ./SoS_Decision_-_Sadiqa_Ali_REDACTED.webdecision.pdf-In Ms Ali’s statement of agreed facts dated 3 July 2019, Ms Ali admitted to the following ./SoS_Decision_-_Sadiqa_Ali_REDACTED.webdecision.pdf-facts: -- ./SoS_Decision_-_Sadiqa_Ali_REDACTED.webdecision.pdf-Preliminary applications ./SoS_Decision_-_Sadiqa_Ali_REDACTED.webdecision.pdf-The panel considered the following preliminary applications. ./SoS_Decision_-_Sadiqa_Ali_REDACTED.webdecision.pdf- ./SoS_Decision_-_Sadiqa_Ali_REDACTED.webdecision.pdf-Amendment to the allegations: ./SoS_Decision_-_Sadiqa_Ali_REDACTED.webdecision.pdf- ./SoS_Decision_-_Sadiqa_Ali_REDACTED.webdecision.pdf-An application was made by the presenting officer to amend the Notice of Proceedings ./SoS_Decision_-_Sadiqa_Ali_REDACTED.webdecision.pdf-as follows: ./SoS_Decision_-_Sadiqa_Ali_REDACTED.webdecision.pdf- ./SoS_Decision_-_Sadiqa_Ali_REDACTED.webdecision.pdf: • amending allegation 2 to include allegation 1(f) as an allegation of sexual ./SoS_Decision_-_Sadiqa_Ali_REDACTED.webdecision.pdf- misconduct and; ./SoS_Decision_-_Sadiqa_Ali_REDACTED.webdecision.pdf- • amending the wording of allegation 2 from the wording in the Notice of ./SoS_Decision_-_Sadiqa_Ali_REDACTED.webdecision.pdf- Proceedings as set out above to “Your conduct set out at 1(c), 1(d), 1(e) and 1(f) ./SoS_Decision_-_Sadiqa_Ali_REDACTED.webdecision.pdf: was sexually motivated.” ./SoS_Decision_-_Sadiqa_Ali_REDACTED.webdecision.pdf-The panel had the power to, in the interests of justice, amend an allegation or the ./SoS_Decision_-_Sadiqa_Ali_REDACTED.webdecision.pdf-particulars of an allegation, at any stage before making its decision about whether the ./SoS_Decision_-_Sadiqa_Ali_REDACTED.webdecision.pdf-facts of the case have been proved. ./SoS_Decision_-_Sadiqa_Ali_REDACTED.webdecision.pdf- ./SoS_Decision_-_Sadiqa_Ali_REDACTED.webdecision.pdf-Before making an amendment, the panel was required to consider any representations ./SoS_Decision_-_Sadiqa_Ali_REDACTED.webdecision.pdf-by the presenting officer and by the teacher, and the parties had been afforded that ./SoS_Decision_-_Sadiqa_Ali_REDACTED.webdecision.pdf-opportunity. The presenting officer consented to the application on the ground that these ./SoS_Decision_-_Sadiqa_Ali_REDACTED.webdecision.pdf-amendments were structural errors that did not change the nature, scope or seriousness ./SoS_Decision_-_Sadiqa_Ali_REDACTED.webdecision.pdf-of the allegations. ./SoS_Decision_-_Sadiqa_Ali_REDACTED.webdecision.pdf- -- ./SoS_Decision_-_Sadiqa_Ali_REDACTED.webdecision.pdf-response in relation to this allegation. Ms Ali denied kissing Pupil A’s hand. ./SoS_Decision_-_Sadiqa_Ali_REDACTED.webdecision.pdf- ./SoS_Decision_-_Sadiqa_Ali_REDACTED.webdecision.pdf-The panel was not provided with a written statement or oral evidence from Pupil A. When ./SoS_Decision_-_Sadiqa_Ali_REDACTED.webdecision.pdf-Pupil A was interviewed by the School, Pupil A is reported to have said “I think she ./SoS_Decision_-_Sadiqa_Ali_REDACTED.webdecision.pdf-kissed my hand.” This was not conclusive evidence. ./SoS_Decision_-_Sadiqa_Ali_REDACTED.webdecision.pdf- ./SoS_Decision_-_Sadiqa_Ali_REDACTED.webdecision.pdf-The panel recognised the clear lack of evidence in respect of this allegation. ./SoS_Decision_-_Sadiqa_Ali_REDACTED.webdecision.pdf- ./SoS_Decision_-_Sadiqa_Ali_REDACTED.webdecision.pdf-The panel did not find allegation 1(f) proved. ./SoS_Decision_-_Sadiqa_Ali_REDACTED.webdecision.pdf- ./SoS_Decision_-_Sadiqa_Ali_REDACTED.webdecision.pdf: 2. Your conduct set out in 1(c), 1(d), 1(e) and 1(f) was sexually motivated. ./SoS_Decision_-_Sadiqa_Ali_REDACTED.webdecision.pdf:Ms Ali denied that any of her actions were sexually motivated. Ms Ali stated that her ./SoS_Decision_-_Sadiqa_Ali_REDACTED.webdecision.pdf-actions were purely to help Pupil A through the [REDACTED]. Ms Ali stated that she had ./SoS_Decision_-_Sadiqa_Ali_REDACTED.webdecision.pdf-made it clear to Pupil A that her intentions were just for Pupil A to have someone to ./SoS_Decision_-_Sadiqa_Ali_REDACTED.webdecision.pdf-speak to about the [REDACTED]. The panel had regard to the legal advice received. The ./SoS_Decision_-_Sadiqa_Ali_REDACTED.webdecision.pdf-panel recognised the clear lack of evidence in support of this allegation. The panel could ./SoS_Decision_-_Sadiqa_Ali_REDACTED.webdecision.pdf:not determine on the evidence provided whether the conduct was in pursuit of sexual ./SoS_Decision_-_Sadiqa_Ali_REDACTED.webdecision.pdf:gratification or in pursuit of a future sexual relationship. ./SoS_Decision_-_Sadiqa_Ali_REDACTED.webdecision.pdf- ./SoS_Decision_-_Sadiqa_Ali_REDACTED.webdecision.pdf-Therefore, the panel could not reasonably determine, on the balance of probabilities, ./SoS_Decision_-_Sadiqa_Ali_REDACTED.webdecision.pdf:whether the allegations found proved, 1(d) and1(e), were sexually motivated. The panel ./SoS_Decision_-_Sadiqa_Ali_REDACTED.webdecision.pdf-recognised that in order to prove such allegation, the evidential basis is of paramount ./SoS_Decision_-_Sadiqa_Ali_REDACTED.webdecision.pdf-importance. ./SoS_Decision_-_Sadiqa_Ali_REDACTED.webdecision.pdf- ./SoS_Decision_-_Sadiqa_Ali_REDACTED.webdecision.pdf-The panel did not find allegation 2 proved. ./SoS_Decision_-_Sadiqa_Ali_REDACTED.webdecision.pdf- ./SoS_Decision_-_Sadiqa_Ali_REDACTED.webdecision.pdf-Findings as to unacceptable professional conduct and/or conduct that ./SoS_Decision_-_Sadiqa_Ali_REDACTED.webdecision.pdf-may bring the profession into disrepute ./SoS_Decision_-_Sadiqa_Ali_REDACTED.webdecision.pdf- ./SoS_Decision_-_Sadiqa_Ali_REDACTED.webdecision.pdf-Having found a number of the allegations proved, the panel went on to consider whether ./SoS_Decision_-_Sadiqa_Ali_REDACTED.webdecision.pdf-the facts of those proved allegations amounted to unacceptable professional conduct ./SoS_Decision_-_Sagoo_19474__redacted_.pdf-teacher at Queensbury Academy: ./SoS_Decision_-_Sagoo_19474__redacted_.pdf- ./SoS_Decision_-_Sagoo_19474__redacted_.pdf-1. He engaged in inappropriate communication with an individual who he thought to be a ./SoS_Decision_-_Sagoo_19474__redacted_.pdf- 13 year old female on a social media platform and over the telephone. In particular, ./SoS_Decision_-_Sagoo_19474__redacted_.pdf- he: ./SoS_Decision_-_Sagoo_19474__redacted_.pdf- ./SoS_Decision_-_Sagoo_19474__redacted_.pdf- a. Expressed to the individual what he would like to do to her: ./SoS_Decision_-_Sagoo_19474__redacted_.pdf- ./SoS_Decision_-_Sagoo_19474__redacted_.pdf- b. Requested that she meet him at a hotel; ./SoS_Decision_-_Sagoo_19474__redacted_.pdf- ./SoS_Decision_-_Sagoo_19474__redacted_.pdf: c. Requested she engage in sexual acts whilst he masturbate. ./SoS_Decision_-_Sagoo_19474__redacted_.pdf- ./SoS_Decision_-_Sagoo_19474__redacted_.pdf-2. On the 11 February 2020, accepted a police caution in relation to the conduct as ./SoS_Decision_-_Sagoo_19474__redacted_.pdf- outlined in allegation 1 (a) – (c); ./SoS_Decision_-_Sagoo_19474__redacted_.pdf- ./SoS_Decision_-_Sagoo_19474__redacted_.pdf:3. His conduct as may be found proven at allegation 1(a) – (c) was of a sexual nature ./SoS_Decision_-_Sagoo_19474__redacted_.pdf: and/or sexually motivated ./SoS_Decision_-_Sagoo_19474__redacted_.pdf- ./SoS_Decision_-_Sagoo_19474__redacted_.pdf-Mr Sagoo admitted the alleged facts and signed a statement of agreed facts to that ./SoS_Decision_-_Sagoo_19474__redacted_.pdf-effect. Mr Sagoo also admitted that his conduct amounted to unacceptable professional ./SoS_Decision_-_Sagoo_19474__redacted_.pdf-conduct and conduct that may bring the profession into disrepute. ./SoS_Decision_-_Sagoo_19474__redacted_.pdf- ./SoS_Decision_-_Sagoo_19474__redacted_.pdf- ./SoS_Decision_-_Sagoo_19474__redacted_.pdf-Preliminary applications ./SoS_Decision_-_Sagoo_19474__redacted_.pdf-Notice of Meeting ./SoS_Decision_-_Sagoo_19474__redacted_.pdf- ./SoS_Decision_-_Sagoo_19474__redacted_.pdf-The panel was provided with a copy of the Notice of Meeting. This was not contained in -- ./SoS_Decision_-_Sagoo_19474__redacted_.pdf-case be considered at a hearing if required in the interests of justice or in the public ./SoS_Decision_-_Sagoo_19474__redacted_.pdf-interest. The panel did not determine that such a direction was necessary or appropriate ./SoS_Decision_-_Sagoo_19474__redacted_.pdf-in this case. ./SoS_Decision_-_Sagoo_19474__redacted_.pdf- ./SoS_Decision_-_Sagoo_19474__redacted_.pdf-Mr Dev Sagoo was employed by Queensbury Academy as a drama teacher from 20 ./SoS_Decision_-_Sagoo_19474__redacted_.pdf-November 2017 and 30 April 2019, when he left the role. ./SoS_Decision_-_Sagoo_19474__redacted_.pdf- ./SoS_Decision_-_Sagoo_19474__redacted_.pdf-It was alleged that, between 26 March 2019 and 9 April 2019, Mr Sagoo had ./SoS_Decision_-_Sagoo_19474__redacted_.pdf-communicated on a chat site and by telephone with an undercover police officer who was ./SoS_Decision_-_Sagoo_19474__redacted_.pdf-claiming to be a 13 year old female. The communications were alleged to have been of a ./SoS_Decision_-_Sagoo_19474__redacted_.pdf:sexual nature. ./SoS_Decision_-_Sagoo_19474__redacted_.pdf- ./SoS_Decision_-_Sagoo_19474__redacted_.pdf-On 11 April 2019, Mr Sagoo was arrested by the police and was interviewed concerning ./SoS_Decision_-_Sagoo_19474__redacted_.pdf:the offence of engaging in sexual communication with a child. When interviewed on that ./SoS_Decision_-_Sagoo_19474__redacted_.pdf- ./SoS_Decision_-_Sagoo_19474__redacted_.pdf- ./SoS_Decision_-_Sagoo_19474__redacted_.pdf- ./SoS_Decision_-_Sagoo_19474__redacted_.pdf- 5 ./SoS_Decision_-_Sagoo_19474__redacted_.pdf- -- ./SoS_Decision_-_Sagoo_19474__redacted_.pdf-teacher at Queensbury Academy: ./SoS_Decision_-_Sagoo_19474__redacted_.pdf- ./SoS_Decision_-_Sagoo_19474__redacted_.pdf-1. You engaged in inappropriate communication with an individual who you ./SoS_Decision_-_Sagoo_19474__redacted_.pdf- thought to be a 13 year old female on a social media platform and over the ./SoS_Decision_-_Sagoo_19474__redacted_.pdf- telephone. In particular, you: ./SoS_Decision_-_Sagoo_19474__redacted_.pdf- ./SoS_Decision_-_Sagoo_19474__redacted_.pdf- a. Expressed to the individual what you would like to do to her: ./SoS_Decision_-_Sagoo_19474__redacted_.pdf- ./SoS_Decision_-_Sagoo_19474__redacted_.pdf- b. Requested that she meet you at a hotel; ./SoS_Decision_-_Sagoo_19474__redacted_.pdf- ./SoS_Decision_-_Sagoo_19474__redacted_.pdf: c. Requested she engage in sexual acts whilst you masturbate. ./SoS_Decision_-_Sagoo_19474__redacted_.pdf- ./SoS_Decision_-_Sagoo_19474__redacted_.pdf-Mr Sagoo admitted in the statement of agreed facts that he had engaged in ./SoS_Decision_-_Sagoo_19474__redacted_.pdf-communication with an individual whom he thought was a 13 year old female. He also ./SoS_Decision_-_Sagoo_19474__redacted_.pdf-admitted that he expressed to the individual what he would like to do to her and that ./SoS_Decision_-_Sagoo_19474__redacted_.pdf:those expressions were of a sexual nature. ./SoS_Decision_-_Sagoo_19474__redacted_.pdf- ./SoS_Decision_-_Sagoo_19474__redacted_.pdf-Mr Sagoo also admitted that he requested that the individual meet him in a hotel and that ./SoS_Decision_-_Sagoo_19474__redacted_.pdf:she engage in sexual acts whilst he pretended to masturbate on the phone. ./SoS_Decision_-_Sagoo_19474__redacted_.pdf- ./SoS_Decision_-_Sagoo_19474__redacted_.pdf-The panel accepted the admissions made by Mr Sagoo. In addition to those admissions, ./SoS_Decision_-_Sagoo_19474__redacted_.pdf-the panel was presented with screenshots of a large volume of messages of an overtly ./SoS_Decision_-_Sagoo_19474__redacted_.pdf:sexual nature. ./SoS_Decision_-_Sagoo_19474__redacted_.pdf- ./SoS_Decision_-_Sagoo_19474__redacted_.pdf:As regards 1a, the panel that noted that Mr Sagoo made a number of sexual requests. ./SoS_Decision_-_Sagoo_19474__redacted_.pdf-These included messages in which Mr Sagoo said: ./SoS_Decision_-_Sagoo_19474__redacted_.pdf- ./SoS_Decision_-_Sagoo_19474__redacted_.pdf- • "Shall we meet over Easter holidays drive into countryside, park up, kiss, cuddle ./SoS_Decision_-_Sagoo_19474__redacted_.pdf- and suck each other off". ./SoS_Decision_-_Sagoo_19474__redacted_.pdf- ./SoS_Decision_-_Sagoo_19474__redacted_.pdf- • "In hotel I'd shoot champagne in your psy then sip it out". ./SoS_Decision_-_Sagoo_19474__redacted_.pdf- ./SoS_Decision_-_Sagoo_19474__redacted_.pdf- • "In hotel I'd fuck you in bath full of warm water under shower every position ./SoS_Decision_-_Sagoo_19474__redacted_.pdf- possible". ./SoS_Decision_-_Sagoo_19474__redacted_.pdf- -- ./SoS_Decision_-_Sagoo_19474__redacted_.pdf- ./SoS_Decision_-_Sagoo_19474__redacted_.pdf-2. On the 11th February 2020, accepted a police caution in relation to the conduct ./SoS_Decision_-_Sagoo_19474__redacted_.pdf- as outlined in allegation 1 (a) – (c); ./SoS_Decision_-_Sagoo_19474__redacted_.pdf- ./SoS_Decision_-_Sagoo_19474__redacted_.pdf-Mr Sagoo admitted that he was cautioned. The panel was also provided with a copy of ./SoS_Decision_-_Sagoo_19474__redacted_.pdf-the police caution form signed by Mr Sagoo. The panel noted that the caution form made ./SoS_Decision_-_Sagoo_19474__redacted_.pdf-specific reference to the conduct in allegations 1a and 1b, but not to the full extent of 1c. ./SoS_Decision_-_Sagoo_19474__redacted_.pdf- ./SoS_Decision_-_Sagoo_19474__redacted_.pdf-The panel found allegation 2 proved in relation to the conduct in 1a and 1b only. ./SoS_Decision_-_Sagoo_19474__redacted_.pdf- ./SoS_Decision_-_Sagoo_19474__redacted_.pdf:3. Your conduct as may be found proven at allegation 1(a) – (c) was of a sexual ./SoS_Decision_-_Sagoo_19474__redacted_.pdf: nature and/or sexually motivated ./SoS_Decision_-_Sagoo_19474__redacted_.pdf- ./SoS_Decision_-_Sagoo_19474__redacted_.pdf:Mr Sagoo admitted that his conduct was of a sexual nature. He also admitted that his ./SoS_Decision_-_Sagoo_19474__redacted_.pdf:conduct was sexually motivated on the basis that his conduct was in pursuit of sexual ./SoS_Decision_-_Sagoo_19474__redacted_.pdf-gratification. ./SoS_Decision_-_Sagoo_19474__redacted_.pdf- ./SoS_Decision_-_Sagoo_19474__redacted_.pdf:The panel found allegation 3 proved on the basis that the conduct was both of a sexual ./SoS_Decision_-_Sagoo_19474__redacted_.pdf:nature and sexually motivated. ./SoS_Decision_-_Sagoo_19474__redacted_.pdf- ./SoS_Decision_-_Sagoo_19474__redacted_.pdf-Findings as to unacceptable professional conduct and/or conduct that ./SoS_Decision_-_Sagoo_19474__redacted_.pdf-may bring the profession into disrepute ./SoS_Decision_-_Sagoo_19474__redacted_.pdf- ./SoS_Decision_-_Sagoo_19474__redacted_.pdf-Having found the allegations proved, the panel went on to consider whether the facts of ./SoS_Decision_-_Sagoo_19474__redacted_.pdf-those proven allegations amounted to unacceptable professional conduct and/or conduct ./SoS_Decision_-_Sagoo_19474__redacted_.pdf-that may bring the profession into disrepute. ./SoS_Decision_-_Sagoo_19474__redacted_.pdf- ./SoS_Decision_-_Sagoo_19474__redacted_.pdf-In doing so, the panel had regard to the document Teacher Misconduct: The Prohibition ./SoS_Decision_-_Sagoo_19474__redacted_.pdf-of Teachers, which is referred to as “the Advice”. -- ./SoS_Decision_-_Sagoo_19474__redacted_.pdf- practices of the school in which they teach... ./SoS_Decision_-_Sagoo_19474__redacted_.pdf- ./SoS_Decision_-_Sagoo_19474__redacted_.pdf-  Teachers must have an understanding of, and always act within, the statutory ./SoS_Decision_-_Sagoo_19474__redacted_.pdf- frameworks which set out their professional duties and responsibilities. ./SoS_Decision_-_Sagoo_19474__redacted_.pdf- ./SoS_Decision_-_Sagoo_19474__redacted_.pdf-The panel was satisfied that the conduct of Mr Sagoo amounted to misconduct of a ./SoS_Decision_-_Sagoo_19474__redacted_.pdf-serious nature that fell significantly short of the standards expected of the profession. ./SoS_Decision_-_Sagoo_19474__redacted_.pdf- ./SoS_Decision_-_Sagoo_19474__redacted_.pdf-The panel also considered whether Mr Sagoo's conduct displayed behaviours associated ./SoS_Decision_-_Sagoo_19474__redacted_.pdf-with any of the offences listed on pages 10 and 11 of the Advice. The panel found that ./SoS_Decision_-_Sagoo_19474__redacted_.pdf:the offence of engaging in sexual communication with a child was relevant. The Advice ./SoS_Decision_-_Sagoo_19474__redacted_.pdf-indicates that where behaviours associated with such an offence exist, a panel is likely to ./SoS_Decision_-_Sagoo_19474__redacted_.pdf-conclude that an individual’s conduct would amount to unacceptable professional ./SoS_Decision_-_Sagoo_19474__redacted_.pdf-conduct. ./SoS_Decision_-_Sagoo_19474__redacted_.pdf- ./SoS_Decision_-_Sagoo_19474__redacted_.pdf-The panel noted that the proven misconduct took place outside the education setting. ./SoS_Decision_-_Sagoo_19474__redacted_.pdf:However, the conduct involved inappropriate sexual communications with a person that ./SoS_Decision_-_Sagoo_19474__redacted_.pdf-Mr Sagoo thought to be 13 years of age. This conduct could affect the way Mr Sagoo ./SoS_Decision_-_Sagoo_19474__redacted_.pdf-fulfilled his teaching role or may have led to pupils being exposed to or influenced by the ./SoS_Decision_-_Sagoo_19474__redacted_.pdf-behaviour in a harmful way. ./SoS_Decision_-_Sagoo_19474__redacted_.pdf- ./SoS_Decision_-_Sagoo_19474__redacted_.pdf-Accordingly, the panel was satisfied that Mr Sagoo was guilty of unacceptable ./SoS_Decision_-_Sagoo_19474__redacted_.pdf-professional conduct. ./SoS_Decision_-_Sagoo_19474__redacted_.pdf- ./SoS_Decision_-_Sagoo_19474__redacted_.pdf-The panel took into account the way the teaching profession is viewed by others and ./SoS_Decision_-_Sagoo_19474__redacted_.pdf-considered the influence that teachers may have on pupils, parents and others in the ./SoS_Decision_-_Sagoo_19474__redacted_.pdf-community. The panel also took account of the uniquely influential role that teachers can -- ./SoS_Decision_-_Sagoo_19474__redacted_.pdf-should be made, the panel had to consider whether it would be an appropriate and ./SoS_Decision_-_Sagoo_19474__redacted_.pdf-proportionate measure, and whether it would be in the public interest to do so. Prohibition ./SoS_Decision_-_Sagoo_19474__redacted_.pdf-orders should not be given in order to be punitive, or to show that blame has been ./SoS_Decision_-_Sagoo_19474__redacted_.pdf-apportioned, although they are likely to have punitive effect. ./SoS_Decision_-_Sagoo_19474__redacted_.pdf- ./SoS_Decision_-_Sagoo_19474__redacted_.pdf-The panel had regard to the particular public interest considerations set out in the Advice ./SoS_Decision_-_Sagoo_19474__redacted_.pdf-and, having done so, found a number of them to be relevant in this case, the protection of ./SoS_Decision_-_Sagoo_19474__redacted_.pdf-pupils, the maintenance of public confidence in the profession and declaring and ./SoS_Decision_-_Sagoo_19474__redacted_.pdf-upholding proper standards of conduct. ./SoS_Decision_-_Sagoo_19474__redacted_.pdf- ./SoS_Decision_-_Sagoo_19474__redacted_.pdf:In the light of the panel’s findings against Mr Sagoo, which involved engaging in sexual ./SoS_Decision_-_Sagoo_19474__redacted_.pdf-communication with a person he understood to be a child, there was a strong public ./SoS_Decision_-_Sagoo_19474__redacted_.pdf-interest consideration in respect of the protection of pupils. ./SoS_Decision_-_Sagoo_19474__redacted_.pdf- ./SoS_Decision_-_Sagoo_19474__redacted_.pdf-Similarly, the panel considered that public confidence in the profession could be seriously ./SoS_Decision_-_Sagoo_19474__redacted_.pdf-weakened if conduct such as that found against Mr Sagoo was not treated with the ./SoS_Decision_-_Sagoo_19474__redacted_.pdf-utmost seriousness when regulating the conduct of the profession. ./SoS_Decision_-_Sagoo_19474__redacted_.pdf- ./SoS_Decision_-_Sagoo_19474__redacted_.pdf-The panel decided that a strong public interest consideration in declaring proper ./SoS_Decision_-_Sagoo_19474__redacted_.pdf-standards of conduct in the profession was also present as the conduct found against Mr ./SoS_Decision_-_Sagoo_19474__redacted_.pdf-Sagoo was outside that which could reasonably be tolerated. -- ./SoS_Decision_-_Sagoo_19474__redacted_.pdf:  sexual misconduct, involving actions that were sexually motivated and of a sexual ./SoS_Decision_-_Sagoo_19474__redacted_.pdf- nature; ./SoS_Decision_-_Sagoo_19474__redacted_.pdf- ./SoS_Decision_-_Sagoo_19474__redacted_.pdf-  the commission of a serious criminal offence that resulted in a caution. ./SoS_Decision_-_Sagoo_19474__redacted_.pdf- ./SoS_Decision_-_Sagoo_19474__redacted_.pdf-Even though some of the behaviour found proved in this case indicated that a prohibition ./SoS_Decision_-_Sagoo_19474__redacted_.pdf-order would be appropriate, the panel went on to consider the mitigating factors. ./SoS_Decision_-_Sagoo_19474__redacted_.pdf-Mitigating factors may indicate that a prohibition order would not be appropriate or ./SoS_Decision_-_Sagoo_19474__redacted_.pdf-proportionate. ./SoS_Decision_-_Sagoo_19474__redacted_.pdf- ./SoS_Decision_-_Sagoo_19474__redacted_.pdf-There was no evidence to suggest that Mr Sagoo had anything other than a previously -- ./SoS_Decision_-_Sagoo_19474__redacted_.pdf-made by the panel would be sufficient. ./SoS_Decision_-_Sagoo_19474__redacted_.pdf- ./SoS_Decision_-_Sagoo_19474__redacted_.pdf-The panel was of the view that, applying the standard of the ordinary intelligent citizen, it ./SoS_Decision_-_Sagoo_19474__redacted_.pdf-would not be a proportionate and appropriate response to recommend no prohibition ./SoS_Decision_-_Sagoo_19474__redacted_.pdf-order. Recommending that the publication of adverse findings was sufficient would ./SoS_Decision_-_Sagoo_19474__redacted_.pdf-unacceptably compromise the public interest considerations present in this case, despite ./SoS_Decision_-_Sagoo_19474__redacted_.pdf-the severity of the consequences for Mr Sagoo of prohibition. ./SoS_Decision_-_Sagoo_19474__redacted_.pdf- ./SoS_Decision_-_Sagoo_19474__redacted_.pdf-The panel was of the view that prohibition was both proportionate and appropriate. The ./SoS_Decision_-_Sagoo_19474__redacted_.pdf-panel decided that the public interest considerations outweighed the interests of Mr ./SoS_Decision_-_Sagoo_19474__redacted_.pdf:Sagoo. The graphic and sexually motivated messages and the attempt to keep them ./SoS_Decision_-_Sagoo_19474__redacted_.pdf-secret were significant factors in forming that opinion. Accordingly, the panel made a ./SoS_Decision_-_Sagoo_19474__redacted_.pdf-recommendation to the Secretary of State that a prohibition order should be imposed with ./SoS_Decision_-_Sagoo_19474__redacted_.pdf-immediate effect. ./SoS_Decision_-_Sagoo_19474__redacted_.pdf- ./SoS_Decision_-_Sagoo_19474__redacted_.pdf-The panel went on to consider whether or not it would be appropriate to recommend that ./SoS_Decision_-_Sagoo_19474__redacted_.pdf-a review period of the order should be considered. The panel was mindful that the Advice ./SoS_Decision_-_Sagoo_19474__redacted_.pdf-states that a prohibition order applies for life, but there may be circumstances, in any ./SoS_Decision_-_Sagoo_19474__redacted_.pdf-given case, that may make it appropriate to allow a teacher to apply to have the ./SoS_Decision_-_Sagoo_19474__redacted_.pdf-prohibition order reviewed after a specified period of time that may not be less than two ./SoS_Decision_-_Sagoo_19474__redacted_.pdf-years. -- ./SoS_Decision_-_Sagoo_19474__redacted_.pdf-The Advice indicates that there are behaviours that, if proved, would militate against the ./SoS_Decision_-_Sagoo_19474__redacted_.pdf:recommendation of a review period. One of these behaviours is serious sexual ./SoS_Decision_-_Sagoo_19474__redacted_.pdf:misconduct, such as where the act was sexually motivated and resulted in, or had the ./SoS_Decision_-_Sagoo_19474__redacted_.pdf-potential to result in, harm to a person or persons. ./SoS_Decision_-_Sagoo_19474__redacted_.pdf- ./SoS_Decision_-_Sagoo_19474__redacted_.pdf-The panel decided that the findings indicated a situation in which a review period would ./SoS_Decision_-_Sagoo_19474__redacted_.pdf-not be appropriate. Accordingly, the panel decided that it would be proportionate in all the ./SoS_Decision_-_Sagoo_19474__redacted_.pdf-circumstances for the prohibition order to be recommended without provisions for a ./SoS_Decision_-_Sagoo_19474__redacted_.pdf-review period. ./SoS_Decision_-_Sagoo_19474__redacted_.pdf- ./SoS_Decision_-_Sagoo_19474__redacted_.pdf- ./SoS_Decision_-_Sagoo_19474__redacted_.pdf-Decision and reasons on behalf of the Secretary of State ./SoS_Decision_-_Sagoo_19474__redacted_.pdf-I have given very careful consideration to this case and to the recommendation of the -- ./SoS_Decision_-_Sagoo_19474__redacted_.pdf-The findings of misconduct are particularly serious as they include a finding which ./SoS_Decision_-_Sagoo_19474__redacted_.pdf:involved engaging in sexual communication with a person understood to be a 13 year old ./SoS_Decision_-_Sagoo_19474__redacted_.pdf-child. ./SoS_Decision_-_Sagoo_19474__redacted_.pdf- ./SoS_Decision_-_Sagoo_19474__redacted_.pdf-I have to determine whether the imposition of a prohibition order is proportionate and in ./SoS_Decision_-_Sagoo_19474__redacted_.pdf-the public interest. In considering that for this case, I have considered the overall aim of a ./SoS_Decision_-_Sagoo_19474__redacted_.pdf-prohibition order which is to protect pupils and to maintain public confidence in the ./SoS_Decision_-_Sagoo_19474__redacted_.pdf-profession. I have considered the extent to which a prohibition order in this case would ./SoS_Decision_-_Sagoo_19474__redacted_.pdf-achieve that aim taking into account the impact that it will have on the individual teacher. ./SoS_Decision_-_Sagoo_19474__redacted_.pdf-I have also asked myself, whether a less intrusive measure, such as the published ./SoS_Decision_-_Sagoo_19474__redacted_.pdf-finding of unacceptable professional conduct and conduct that may bring the profession ./SoS_Decision_-_Sagoo_19474__redacted_.pdf-into disrepute, would itself be sufficient to achieve the overall aim. I have to consider ./SoS_Decision_-_Sagoo_19474__redacted_.pdf-whether the consequences of such a publication are themselves sufficient. I have ./SoS_Decision_-_Sagoo_19474__redacted_.pdf-considered therefore whether or not prohibiting Mr Sagoo, and the impact that will have ./SoS_Decision_-_Sagoo_19474__redacted_.pdf-on him, is proportionate and in the public interest. ./SoS_Decision_-_Sagoo_19474__redacted_.pdf- ./SoS_Decision_-_Sagoo_19474__redacted_.pdf-In this case, I have considered the extent to which a prohibition order would protect ./SoS_Decision_-_Sagoo_19474__redacted_.pdf-children. The panel has observed, “In the light of the panel’s findings against Mr Sagoo, ./SoS_Decision_-_Sagoo_19474__redacted_.pdf:which involved engaging in sexual communication with a person he understood to be a ./SoS_Decision_-_Sagoo_19474__redacted_.pdf-child, there was a strong public interest consideration in respect of the protection of ./SoS_Decision_-_Sagoo_19474__redacted_.pdf-pupils.” A prohibition order would therefore prevent such a risk from being present in the ./SoS_Decision_-_Sagoo_19474__redacted_.pdf-future. ./SoS_Decision_-_Sagoo_19474__redacted_.pdf- ./SoS_Decision_-_Sagoo_19474__redacted_.pdf-I have also taken into account the panel’s comments on insight and remorse, which the ./SoS_Decision_-_Sagoo_19474__redacted_.pdf-panel sets out as follows, “The panel also took into account the fact that Mr Sagoo ./SoS_Decision_-_Sagoo_19474__redacted_.pdf-admitted his conduct in the second interview with the police and subsequently. The panel ./SoS_Decision_-_Sagoo_19474__redacted_.pdf-noted that, during his police interview, Mr Sagoo expressed remorse [redacted]. He also ./SoS_Decision_-_Sagoo_19474__redacted_.pdf-said that he had dealt with some deaths in the family and colleagues. [Redacted]. ./SoS_Decision_-_Sagoo_19474__redacted_.pdf- ./SoS_Decision_-_Sagoo_19474__redacted_.pdf-I have gone on to consider the extent to which a prohibition order would maintain public ./SoS_Decision_-_Sagoo_19474__redacted_.pdf-confidence in the profession. The panel observe, “The findings of misconduct were ./SoS_Decision_-_Sagoo_19474__redacted_.pdf-serious and the conduct displayed would be likely to have a negative impact on Mr ./SoS_Decision_-_Sagoo_19474__redacted_.pdf-Sagoo's status as a teacher, potentially damaging the public perception”. I am particularly ./SoS_Decision_-_Sagoo_19474__redacted_.pdf:mindful of the finding that the conduct of Mr Sagoo was both of a sexual nature and ./SoS_Decision_-_Sagoo_19474__redacted_.pdf:sexually motivated and the impact that such a finding has on the reputation of the ./SoS_Decision_-_Sagoo_19474__redacted_.pdf-profession. ./SoS_Decision_-_Sagoo_19474__redacted_.pdf- ./SoS_Decision_-_Sagoo_19474__redacted_.pdf-I have had to consider that the public has a high expectation of professional standards of ./SoS_Decision_-_Sagoo_19474__redacted_.pdf-all teachers and that the public might regard a failure to impose a prohibition order as a ./SoS_Decision_-_Sagoo_19474__redacted_.pdf-failure to uphold those high standards. In weighing these considerations, I have had to ./SoS_Decision_-_Sagoo_19474__redacted_.pdf-consider the matter from the point of view of an “ordinary intelligent and well-informed ./SoS_Decision_-_Sagoo_19474__redacted_.pdf-citizen.” ./SoS_Decision_-_Sagoo_19474__redacted_.pdf- ./SoS_Decision_-_Sagoo_19474__redacted_.pdf- ./SoS_Decision_-_Sagoo_19474__redacted_.pdf- -- ./SoS_Decision_-_Sagoo_19474__redacted_.pdf-case. ./SoS_Decision_-_Sagoo_19474__redacted_.pdf- ./SoS_Decision_-_Sagoo_19474__redacted_.pdf-I have also considered the impact of a prohibition order on Mr Sagoo himself and the ./SoS_Decision_-_Sagoo_19474__redacted_.pdf-panel comment “There was no evidence to suggest that Mr Sagoo had anything other ./SoS_Decision_-_Sagoo_19474__redacted_.pdf-than a previously good record”. A prohibition order would prevent Mr Sagoo from ./SoS_Decision_-_Sagoo_19474__redacted_.pdf-teaching. A prohibition order would also clearly deprive the public of his contribution to ./SoS_Decision_-_Sagoo_19474__redacted_.pdf-the profession for the period that it is in force. ./SoS_Decision_-_Sagoo_19474__redacted_.pdf- ./SoS_Decision_-_Sagoo_19474__redacted_.pdf-In this case, I have placed considerable weight on the panel’s comments concerning ./SoS_Decision_-_Sagoo_19474__redacted_.pdf-public interest, “The panel decided that the public interest considerations outweighed the ./SoS_Decision_-_Sagoo_19474__redacted_.pdf:interests of Mr Sagoo. The graphic and sexually motivated messages and the attempt to ./SoS_Decision_-_Sagoo_19474__redacted_.pdf-keep them secret were significant factors in forming that opinion.” ./SoS_Decision_-_Sagoo_19474__redacted_.pdf- ./SoS_Decision_-_Sagoo_19474__redacted_.pdf-I have given less weight in my consideration of sanction therefore, to the contribution that ./SoS_Decision_-_Sagoo_19474__redacted_.pdf-Mr Sagoo has made to the profession and have noted the panel were not provided with ./SoS_Decision_-_Sagoo_19474__redacted_.pdf-any character references or any indication of his desire to return to teaching. In my view, ./SoS_Decision_-_Sagoo_19474__redacted_.pdf-it is necessary to impose a prohibition order in order to maintain public confidence in the ./SoS_Decision_-_Sagoo_19474__redacted_.pdf-profession. A published decision, in light of the circumstances in this case, does not in ./SoS_Decision_-_Sagoo_19474__redacted_.pdf-my view satisfy the public interest requirement concerning public confidence in the ./SoS_Decision_-_Sagoo_19474__redacted_.pdf-profession. ./SoS_Decision_-_Sagoo_19474__redacted_.pdf- ./SoS_Decision_-_Sagoo_19474__redacted_.pdf-For these reasons, I have concluded that a prohibition order is proportionate and in the ./SoS_Decision_-_Sagoo_19474__redacted_.pdf-public interest in order to achieve the intended aims of a prohibition order. ./SoS_Decision_-_Sagoo_19474__redacted_.pdf- ./SoS_Decision_-_Sagoo_19474__redacted_.pdf-I have gone on to consider the matter of a review period. In this case, the panel has ./SoS_Decision_-_Sagoo_19474__redacted_.pdf-recommended that no provision should be made for a review period. ./SoS_Decision_-_Sagoo_19474__redacted_.pdf- ./SoS_Decision_-_Sagoo_19474__redacted_.pdf-I have considered the panel’s comments “The Advice indicates that there are behaviours ./SoS_Decision_-_Sagoo_19474__redacted_.pdf-that, if proved, would militate against the recommendation of a review period. One of ./SoS_Decision_-_Sagoo_19474__redacted_.pdf:these behaviours is serious sexual misconduct, such as where the act was sexually ./SoS_Decision_-_Sagoo_19474__redacted_.pdf-motivated and resulted in, or had the potential to result in, harm to a person or persons.” ./SoS_Decision_-_Sagoo_19474__redacted_.pdf- ./SoS_Decision_-_Sagoo_19474__redacted_.pdf-I have considered whether not allowing a review period reflects the seriousness of the ./SoS_Decision_-_Sagoo_19474__redacted_.pdf-findings and is a proportionate period to achieve the aim of maintaining public confidence ./SoS_Decision_-_Sagoo_19474__redacted_.pdf-in the profession. In this case, a number of factors mean that a review period is not ./SoS_Decision_-_Sagoo_19474__redacted_.pdf-sufficient to achieve the aim of maintaining public confidence in the profession. These ./SoS_Decision_-_Sagoo_19474__redacted_.pdf:elements are the graphic and sexually motivated communication with what could have ./SoS_Decision_-_Sagoo_19474__redacted_.pdf-been a 13 year old child and the potential impact on future pupils well-being and public ./SoS_Decision_-_Sagoo_19474__redacted_.pdf-confidence. ./SoS_Decision_-_Sagoo_19474__redacted_.pdf- ./SoS_Decision_-_Sagoo_19474__redacted_.pdf-I consider therefore that allowing for no review period is necessary to maintain public ./SoS_Decision_-_Sagoo_19474__redacted_.pdf-confidence and is proportionate and in the public interest. ./SoS_Decision_-_Sagoo_19474__redacted_.pdf- ./SoS_Decision_-_Sagoo_19474__redacted_.pdf- 13 ./SoS_Decision_-_Sagoo_19474__redacted_.pdf- ./SoS_decision_-_Towey__Catherine_-_13278.docx.pdf- 2. On one or more occasions you had a one-on-one encounter with Pupil A, in ./SoS_decision_-_Towey__Catherine_-_13278.docx.pdf- particular on 27 November 2014 you and Pupil A spent some time alone at some ./SoS_decision_-_Towey__Catherine_-_13278.docx.pdf- point between 17:11 and 18:52. ./SoS_decision_-_Towey__Catherine_-_13278.docx.pdf- ./SoS_decision_-_Towey__Catherine_-_13278.docx.pdf: 3. Your conduct in regard to allegations 1 and/or 2 was sexually motivated. ./SoS_decision_-_Towey__Catherine_-_13278.docx.pdf- ./SoS_decision_-_Towey__Catherine_-_13278.docx.pdf-Ms Towey admitted particular 1 in its entirety. Particulars 2 and 3 were denied. ./SoS_decision_-_Towey__Catherine_-_13278.docx.pdf- ./SoS_decision_-_Towey__Catherine_-_13278.docx.pdf-Ms Towey admitted that particular 1 amounted to both unacceptable conduct and ./SoS_decision_-_Towey__Catherine_-_13278.docx.pdf-conduct that may bring the profession into disrepute. ./SoS_decision_-_Towey__Catherine_-_13278.docx.pdf- ./SoS_decision_-_Towey__Catherine_-_13278.docx.pdf- ./SoS_decision_-_Towey__Catherine_-_13278.docx.pdf-C. Preliminary applications ./SoS_decision_-_Towey__Catherine_-_13278.docx.pdf-There were no preliminary applications. ./SoS_decision_-_Towey__Catherine_-_13278.docx.pdf- -- ./SoS_decision_-_Towey__Catherine_-_13278.docx.pdf-happened. The emails placed before the panel cover the dates 14 October 2014 to 28 ./SoS_decision_-_Towey__Catherine_-_13278.docx.pdf-November 2014. It is presumed that these were retrieved by the School from their email ./SoS_decision_-_Towey__Catherine_-_13278.docx.pdf-servers as part of the internal disciplinary investigation. ./SoS_decision_-_Towey__Catherine_-_13278.docx.pdf- ./SoS_decision_-_Towey__Catherine_-_13278.docx.pdf-It is not in dispute that the emails provided to the panel were indeed emails between ./SoS_decision_-_Towey__Catherine_-_13278.docx.pdf-Pupil A and Ms Towey. She accepted both at the time and before the panel that she had ./SoS_decision_-_Towey__Catherine_-_13278.docx.pdf-sent and received those emails, and she has always accepted that the exchanges with ./SoS_decision_-_Towey__Catherine_-_13278.docx.pdf-Pupil A were inappropriate. ./SoS_decision_-_Towey__Catherine_-_13278.docx.pdf- ./SoS_decision_-_Towey__Catherine_-_13278.docx.pdf-It is alleged by the NCTL that, at some point during the course of that period, there was a ./SoS_decision_-_Towey__Catherine_-_13278.docx.pdf:sexual motivation underlying why Ms Towey sent the emails to Pupil A. In addition, the ./SoS_decision_-_Towey__Catherine_-_13278.docx.pdf-NCTL alleges that there was a "one-on-one" pre-planned meeting on 27 November 2014 ./SoS_decision_-_Towey__Catherine_-_13278.docx.pdf-between Ms Towey and Pupil A, as well as an indeterminate number of other pre- ./SoS_decision_-_Towey__Catherine_-_13278.docx.pdf-planned meetings throughout that period. It is alleged that the motivation behind ./SoS_decision_-_Towey__Catherine_-_13278.docx.pdf:arranging and having these meetings was a sexual one. ./SoS_decision_-_Towey__Catherine_-_13278.docx.pdf- ./SoS_decision_-_Towey__Catherine_-_13278.docx.pdf- ./SoS_decision_-_Towey__Catherine_-_13278.docx.pdf- ./SoS_decision_-_Towey__Catherine_-_13278.docx.pdf- ./SoS_decision_-_Towey__Catherine_-_13278.docx.pdf- 6 ./SoS_decision_-_Towey__Catherine_-_13278.docx.pdf- -- ./SoS_decision_-_Towey__Catherine_-_13278.docx.pdf-further considers that, on the balance of probabilities, it was a prearranged meeting with ./SoS_decision_-_Towey__Catherine_-_13278.docx.pdf-the purpose of being alone together. It is for that reason that Pupil A speaks of his ./SoS_decision_-_Towey__Catherine_-_13278.docx.pdf-annoyance at "gate-crashers" in his email timed 19:57. The emails which passed ./SoS_decision_-_Towey__Catherine_-_13278.docx.pdf-between Ms Towey and Pupil A both prior to and after that meeting are plainly flirtatious, ./SoS_decision_-_Towey__Catherine_-_13278.docx.pdf:if not sexualised, in their nature. Those emails come at the end of a period of increasingly ./SoS_decision_-_Towey__Catherine_-_13278.docx.pdf-inappropriate and flirtatious correspondence. In the email from Ms Towey timed 20:35 ./SoS_decision_-_Towey__Catherine_-_13278.docx.pdf-that evening she says, "Think they assume we're close and they know we're doing work ./SoS_decision_-_Towey__Catherine_-_13278.docx.pdf-and school stuff…which we are usually!" The plain inference to draw from that email, ./SoS_decision_-_Towey__Catherine_-_13278.docx.pdf-when considered in the context of all the other emails, is that this was not a meeting ./SoS_decision_-_Towey__Catherine_-_13278.docx.pdf-relating to the normal sort of discussions which would arise in the course of a normal ./SoS_decision_-_Towey__Catherine_-_13278.docx.pdf-student/teacher relationship. ./SoS_decision_-_Towey__Catherine_-_13278.docx.pdf- ./SoS_decision_-_Towey__Catherine_-_13278.docx.pdf-In addition, the panel finds that, on the balance of probabilities, this was not the first ./SoS_decision_-_Towey__Catherine_-_13278.docx.pdf-occasion when such a meeting took place. The use of the word "usually" in that email ./SoS_decision_-_Towey__Catherine_-_13278.docx.pdf-may imply either one or more occasions when Pupil A and Ms Towey had met for ./SoS_decision_-_Towey__Catherine_-_13278.docx.pdf-purposes which were, at least in part, personal and inappropriate. In the email timed ./SoS_decision_-_Towey__Catherine_-_13278.docx.pdf-21:18 on 26 November 2014 she writes, "And sometimes there are far too many ./SoS_decision_-_Towey__Catherine_-_13278.docx.pdf-peeps…specially at the mo with college apps. Prefer it when it's just you and me tbh! ./SoS_decision_-_Towey__Catherine_-_13278.docx.pdf-(Shouldn't say that tho!)" This email suggests that there are occasions when such one- ./SoS_decision_-_Towey__Catherine_-_13278.docx.pdf-on-one encounters took place between Pupil A and Ms Towey prior to 27 November ./SoS_decision_-_Towey__Catherine_-_13278.docx.pdf-2016. ./SoS_decision_-_Towey__Catherine_-_13278.docx.pdf- ./SoS_decision_-_Towey__Catherine_-_13278.docx.pdf-Accordingly, the panel finds that there were a number of inappropriate one-on-one ./SoS_decision_-_Towey__Catherine_-_13278.docx.pdf-encounters between Pupil A and Ms Towey in October 2014 and November 2014. ./SoS_decision_-_Towey__Catherine_-_13278.docx.pdf- ./SoS_decision_-_Towey__Catherine_-_13278.docx.pdf: 3. Your conduct in regard to allegations 1 and/or 2 was sexually motivated. ./SoS_decision_-_Towey__Catherine_-_13278.docx.pdf- ./SoS_decision_-_Towey__Catherine_-_13278.docx.pdf-The panel accepts Ms Towey's evidence that she never wanted nor would have let the ./SoS_decision_-_Towey__Catherine_-_13278.docx.pdf-relationship between her and Pupil A become physical. It accepted that she did not ./SoS_decision_-_Towey__Catherine_-_13278.docx.pdf:intend on having any form of sexualised physical contact with Pupil A. ./SoS_decision_-_Towey__Catherine_-_13278.docx.pdf- ./SoS_decision_-_Towey__Catherine_-_13278.docx.pdf-The panel, nevertheless, finds that in relation to both particulars 1 and 2, Ms Towey's ./SoS_decision_-_Towey__Catherine_-_13278.docx.pdf:conduct was sexually motivated. Through the email correspondence with Pupil A and ./SoS_decision_-_Towey__Catherine_-_13278.docx.pdf-through her meetings with him, Ms Towey was encouraging Pupil A's clear 'crush' on her ./SoS_decision_-_Towey__Catherine_-_13278.docx.pdf-in increasingly inappropriate terms. Ms Towey accepts that the attention bestowed on her ./SoS_decision_-_Towey__Catherine_-_13278.docx.pdf-by Pupil A fed her ego. She was obviously revelling in the fact that he desired her and the ./SoS_decision_-_Towey__Catherine_-_13278.docx.pdf:sexual frisson that created between them. Her motivation in corresponding and meeting ./SoS_decision_-_Towey__Catherine_-_13278.docx.pdf-with him in the manner in which she did was designed to make herself feel desirable and ./SoS_decision_-_Towey__Catherine_-_13278.docx.pdf-attractive by playing on and encouraging Pupil A's hopes of some physical ./SoS_decision_-_Towey__Catherine_-_13278.docx.pdf-consummation of the flirtation. The panel considers Ms Towey's motivation can be quite ./SoS_decision_-_Towey__Catherine_-_13278.docx.pdf:properly classified as sexual. ./SoS_decision_-_Towey__Catherine_-_13278.docx.pdf- ./SoS_decision_-_Towey__Catherine_-_13278.docx.pdf- ./SoS_decision_-_Towey__Catherine_-_13278.docx.pdf- ./SoS_decision_-_Towey__Catherine_-_13278.docx.pdf- ./SoS_decision_-_Towey__Catherine_-_13278.docx.pdf- 9 ./SoS_decision_-_Towey__Catherine_-_13278.docx.pdf- -- ./SoS_decision_-_Towey__Catherine_-_13278.docx.pdf- ./SoS_decision_-_Towey__Catherine_-_13278.docx.pdf-The panel has found that none of these offences are relevant. ./SoS_decision_-_Towey__Catherine_-_13278.docx.pdf- ./SoS_decision_-_Towey__Catherine_-_13278.docx.pdf-The panel is satisfied that Ms Towey's conduct in respect of each particular of the ./SoS_decision_-_Towey__Catherine_-_13278.docx.pdf-allegations amounts to unacceptable professional conduct. The emails which were sent ./SoS_decision_-_Towey__Catherine_-_13278.docx.pdf-by her to Pupil A were manifestly inappropriate, as were the pre-arranged meetings. Ms ./SoS_decision_-_Towey__Catherine_-_13278.docx.pdf-Towey was an experienced teacher, who was in a significant position of trust. She was ./SoS_decision_-_Towey__Catherine_-_13278.docx.pdf-employed as an Assistant Headteacher at the School and was clearly well aware of her ./SoS_decision_-_Towey__Catherine_-_13278.docx.pdf-safeguarding responsibilities. The panel considers that Pupil A was a vulnerable pupil. ./SoS_decision_-_Towey__Catherine_-_13278.docx.pdf-Not only was he relatively young, being only 16, but there is also evidence to show that ./SoS_decision_-_Towey__Catherine_-_13278.docx.pdf:he was also emotionally vulnerable. In spite of Ms Towey's vociferous denial of sexual ./SoS_decision_-_Towey__Catherine_-_13278.docx.pdf-motivation, the panel is clear that Ms Towey was flattered by Pupil A's growing infatuation ./SoS_decision_-_Towey__Catherine_-_13278.docx.pdf- ./SoS_decision_-_Towey__Catherine_-_13278.docx.pdf- 10 ./SoS_decision_-_Towey__Catherine_-_13278.docx.pdf- -- ./SoS_decision_-_Towey__Catherine_-_13278.docx.pdf:and increasing sexual ambition. The attention and personal interest he was expressing in ./SoS_decision_-_Towey__Catherine_-_13278.docx.pdf-her physical appearance, clothes, and make up, fed her emotional needs at that time ./SoS_decision_-_Towey__Catherine_-_13278.docx.pdf-following the break-up of a previous relationship. As a teacher, it was incumbent on her ./SoS_decision_-_Towey__Catherine_-_13278.docx.pdf-to bring a swift close to any such infatuation and to report the matter to colleagues. At the ./SoS_decision_-_Towey__Catherine_-_13278.docx.pdf-time that the correspondence was discovered there is no evidence that she was going to ./SoS_decision_-_Towey__Catherine_-_13278.docx.pdf-do this; on the contrary, she did not dispute that she would have let matters continue until ./SoS_decision_-_Towey__Catherine_-_13278.docx.pdf-the Christmas holidays when she planned to go to New Zealand, some four weeks or so ./SoS_decision_-_Towey__Catherine_-_13278.docx.pdf-later. ./SoS_decision_-_Towey__Catherine_-_13278.docx.pdf- ./SoS_decision_-_Towey__Catherine_-_13278.docx.pdf-Accordingly, the panel is satisfied that Ms Towey is guilty of unacceptable professional ./SoS_decision_-_Towey__Catherine_-_13278.docx.pdf-conduct. -- ./SoS_decision_-_Towey__Catherine_-_13278.docx.pdf-in order to obtain emotional satisfaction as a result of encouraging Pupil A's developing ./SoS_decision_-_Towey__Catherine_-_13278.docx.pdf:sexual interest in her; there is a strong public interest consideration with respect of the ./SoS_decision_-_Towey__Catherine_-_13278.docx.pdf-protection of pupils given the sustained inappropriate conduct towards a vulnerable pupil. ./SoS_decision_-_Towey__Catherine_-_13278.docx.pdf- ./SoS_decision_-_Towey__Catherine_-_13278.docx.pdf-Similarly, the panel considers that public confidence in the profession could be seriously ./SoS_decision_-_Towey__Catherine_-_13278.docx.pdf-weakened if conduct such as that found against Ms Towey were not treated with the ./SoS_decision_-_Towey__Catherine_-_13278.docx.pdf-utmost seriousness when regulating the conduct of the profession. ./SoS_decision_-_Towey__Catherine_-_13278.docx.pdf- ./SoS_decision_-_Towey__Catherine_-_13278.docx.pdf-The panel considered that a strong public interest consideration in declaring proper ./SoS_decision_-_Towey__Catherine_-_13278.docx.pdf-standards of conduct in the profession was also present as the conduct found against Ms ./SoS_decision_-_Towey__Catherine_-_13278.docx.pdf-Towey was outside that which could reasonably be tolerated. ./SoS_decision_-_Towey__Catherine_-_13278.docx.pdf- -- ./SoS_decision_-_Towey__Catherine_-_13278.docx.pdf-Towey. The panel took further account of the Advice, which suggests that a prohibition ./SoS_decision_-_Towey__Catherine_-_13278.docx.pdf-order may be appropriate if certain behaviours of a teacher have been proven. In the list ./SoS_decision_-_Towey__Catherine_-_13278.docx.pdf-of such behaviours, those that are relevant in this case are: ./SoS_decision_-_Towey__Catherine_-_13278.docx.pdf- ./SoS_decision_-_Towey__Catherine_-_13278.docx.pdf-  serious departure from the personal and professional conduct elements of the ./SoS_decision_-_Towey__Catherine_-_13278.docx.pdf- Teachers’ Standards; ./SoS_decision_-_Towey__Catherine_-_13278.docx.pdf-  misconduct seriously affecting the education and/or well-being of pupils, and ./SoS_decision_-_Towey__Catherine_-_13278.docx.pdf- particularly where there is a continuing risk; ./SoS_decision_-_Towey__Catherine_-_13278.docx.pdf-  abuse of position or trust (particularly involving vulnerable pupils) or violation of the ./SoS_decision_-_Towey__Catherine_-_13278.docx.pdf- rights of pupils; ./SoS_decision_-_Towey__Catherine_-_13278.docx.pdf:  sexual misconduct, e.g. involving actions that were sexually motivated or of a ./SoS_decision_-_Towey__Catherine_-_13278.docx.pdf: sexual nature and/or that use or exploit the trust, knowledge or influence derived ./SoS_decision_-_Towey__Catherine_-_13278.docx.pdf- from the individual’s professional position; ./SoS_decision_-_Towey__Catherine_-_13278.docx.pdf-Even though there were behaviours that would point to a prohibition order being ./SoS_decision_-_Towey__Catherine_-_13278.docx.pdf-appropriate, the panel went on to consider whether or not there were sufficient mitigating ./SoS_decision_-_Towey__Catherine_-_13278.docx.pdf-factors to militate against a prohibition order being an appropriate and proportionate ./SoS_decision_-_Towey__Catherine_-_13278.docx.pdf-measure to impose, particularly taking into account the nature and severity of the ./SoS_decision_-_Towey__Catherine_-_13278.docx.pdf-behaviour in this case. The panel notes that Ms Towey is of previous good character. ./SoS_decision_-_Towey__Catherine_-_13278.docx.pdf-However, her actions towards Pupil A were clearly deliberate, and the panel does not ./SoS_decision_-_Towey__Catherine_-_13278.docx.pdf-consider that she was acting under any form of external duress. ./SoS_decision_-_Towey__Catherine_-_13278.docx.pdf- ./SoS_decision_-_Towey__Catherine_-_13278.docx.pdf- -- ./SoS_decision_-_Towey__Catherine_-_13278.docx.pdf-vulnerable and relatively young pupil. ./SoS_decision_-_Towey__Catherine_-_13278.docx.pdf- ./SoS_decision_-_Towey__Catherine_-_13278.docx.pdf-The panel went on to consider whether or not it would be appropriate to recommend that ./SoS_decision_-_Towey__Catherine_-_13278.docx.pdf-a review period of the order should be considered. The panel was mindful that the Advice ./SoS_decision_-_Towey__Catherine_-_13278.docx.pdf-states that a prohibition order applies for life, but there may be circumstances in any ./SoS_decision_-_Towey__Catherine_-_13278.docx.pdf-given case that may make it appropriate to allow a teacher to apply to have the ./SoS_decision_-_Towey__Catherine_-_13278.docx.pdf-prohibition order reviewed after a specified period of time that may not be less than 2 ./SoS_decision_-_Towey__Catherine_-_13278.docx.pdf-years. ./SoS_decision_-_Towey__Catherine_-_13278.docx.pdf- ./SoS_decision_-_Towey__Catherine_-_13278.docx.pdf-The Advice indicates that there are behaviours that, if proven, would militate against a ./SoS_decision_-_Towey__Catherine_-_13278.docx.pdf:review period being recommended. These behaviours include serious sexual ./SoS_decision_-_Towey__Catherine_-_13278.docx.pdf:misconduct, e.g. where the act was sexually motivated and resulted in or had the ./SoS_decision_-_Towey__Catherine_-_13278.docx.pdf-potential to result in, harm to a person or persons, particularly where the individual has ./SoS_decision_-_Towey__Catherine_-_13278.docx.pdf-used their professional position to influence or exploit a person or persons. The panel ./SoS_decision_-_Towey__Catherine_-_13278.docx.pdf-has found that Ms Towey has been responsible for engaging in a course of conduct ./SoS_decision_-_Towey__Catherine_-_13278.docx.pdf:which was sexually motivated. The conduct did not involve any form of sexual contact. ./SoS_decision_-_Towey__Catherine_-_13278.docx.pdf:The panel is of the view that any sexually motivated conduct involving a pupil is serious. ./SoS_decision_-_Towey__Catherine_-_13278.docx.pdf-There is no evidence that Ms Towey's actions have caused any harm to Pupil A. ./SoS_decision_-_Towey__Catherine_-_13278.docx.pdf-However, the panel considers that there was a risk that her actions might have caused ./SoS_decision_-_Towey__Catherine_-_13278.docx.pdf:harm to Pupil A. Her actions actively encouraged the flirtatious and sexualised contact ./SoS_decision_-_Towey__Catherine_-_13278.docx.pdf-between her and Pupil A, and it is clear that they resulted in an increasing expectation on ./SoS_decision_-_Towey__Catherine_-_13278.docx.pdf-the part of Pupil A that a physical and emotional relationship was possible. ./SoS_decision_-_Towey__Catherine_-_13278.docx.pdf- ./SoS_decision_-_Towey__Catherine_-_13278.docx.pdf-Nevertheless, the panel weighed against the seriousness of Ms Towey's actions the level ./SoS_decision_-_Towey__Catherine_-_13278.docx.pdf-of insight she had into why her actions were inappropriate, and the remorse and regret ./SoS_decision_-_Towey__Catherine_-_13278.docx.pdf-she expressed. The panel was of the view that she was unlikely to repeat the behaviour ./SoS_decision_-_Towey__Catherine_-_13278.docx.pdf-in future. It noted that she had sought counselling in relation to her behaviour. It also ./SoS_decision_-_Towey__Catherine_-_13278.docx.pdf-noted that she had hitherto been a competent and successful teacher for twelve years. In ./SoS_decision_-_Towey__Catherine_-_13278.docx.pdf-addition, the panel took account of the fact that Ms Towey has not taught since her ./SoS_decision_-_Towey__Catherine_-_13278.docx.pdf- -- ./SoS_decision_-_Towey__Catherine_-_13278.docx.pdf- at all times observing proper boundaries appropriate to a teacher’s ./SoS_decision_-_Towey__Catherine_-_13278.docx.pdf- professional position; ./SoS_decision_-_Towey__Catherine_-_13278.docx.pdf- o having regard for the need to safeguard pupils’ well-being, in accordance with ./SoS_decision_-_Towey__Catherine_-_13278.docx.pdf- statutory provisions; ./SoS_decision_-_Towey__Catherine_-_13278.docx.pdf- o showing tolerance of and respect for the rights of others; ./SoS_decision_-_Towey__Catherine_-_13278.docx.pdf-  Teachers must have proper and professional regard for the ethos, policies and ./SoS_decision_-_Towey__Catherine_-_13278.docx.pdf- practices of the school in which they teach... ./SoS_decision_-_Towey__Catherine_-_13278.docx.pdf-  Teachers must have an understanding of, and always act within, the statutory ./SoS_decision_-_Towey__Catherine_-_13278.docx.pdf- frameworks which set out their professional duties and responsibilities. ./SoS_decision_-_Towey__Catherine_-_13278.docx.pdf-Ms Towey engaged in an inappropriate relationship with a vulnerable pupil. The panel ./SoS_decision_-_Towey__Catherine_-_13278.docx.pdf:has found that the relationship was sexually motivated, although the panel has also been ./SoS_decision_-_Towey__Catherine_-_13278.docx.pdf:clear that “The conduct did not involve any form of sexual contact.” ./SoS_decision_-_Towey__Catherine_-_13278.docx.pdf- ./SoS_decision_-_Towey__Catherine_-_13278.docx.pdf-Nonetheless the panel has found that Ms Towey’s conduct was unacceptable and also ./SoS_decision_-_Towey__Catherine_-_13278.docx.pdf-likely to bring the profession into disrepute. ./SoS_decision_-_Towey__Catherine_-_13278.docx.pdf- ./SoS_decision_-_Towey__Catherine_-_13278.docx.pdf-I have taken into account the need to balance the public interest and the interests of the ./SoS_decision_-_Towey__Catherine_-_13278.docx.pdf-teacher. I have also taken into account the need to be proportionate. I have taken the ./SoS_decision_-_Towey__Catherine_-_13278.docx.pdf-guidance published by the Secretary of State into account. ./SoS_decision_-_Towey__Catherine_-_13278.docx.pdf- ./SoS_decision_-_Towey__Catherine_-_13278.docx.pdf- ./SoS_decision_-_Towey__Catherine_-_13278.docx.pdf- -- ./SoS_decision_-_Towey__Catherine_-_13278.docx.pdf-For these reasons I support the recommendation of the panel that Ms Towey should be ./SoS_decision_-_Towey__Catherine_-_13278.docx.pdf-prohibited from teaching. ./SoS_decision_-_Towey__Catherine_-_13278.docx.pdf- ./SoS_decision_-_Towey__Catherine_-_13278.docx.pdf-I turn now to the matter of a review period. The panel has taken into account the fact that ./SoS_decision_-_Towey__Catherine_-_13278.docx.pdf-all prohibition orders apply for life. ./SoS_decision_-_Towey__Catherine_-_13278.docx.pdf- ./SoS_decision_-_Towey__Catherine_-_13278.docx.pdf-Like the panel, I have taken into account the fact that the Advice published by the ./SoS_decision_-_Towey__Catherine_-_13278.docx.pdf-Secretary of State indicates that there are behaviours that, if proven, would militate ./SoS_decision_-_Towey__Catherine_-_13278.docx.pdf:against a review period being recommended. These behaviours include serious sexual ./SoS_decision_-_Towey__Catherine_-_13278.docx.pdf:misconduct, e.g. where the act was sexually motivated and resulted in or had the ./SoS_decision_-_Towey__Catherine_-_13278.docx.pdf-potential to result in, harm to a person or persons, particularly where the individual has ./SoS_decision_-_Towey__Catherine_-_13278.docx.pdf-used their professional position to influence or exploit a person or persons. ./SoS_decision_-_Towey__Catherine_-_13278.docx.pdf- ./SoS_decision_-_Towey__Catherine_-_13278.docx.pdf-The panel has found that Ms Towey has been responsible for engaging in a course of ./SoS_decision_-_Towey__Catherine_-_13278.docx.pdf:conduct which was sexually motivated. The conduct did not involve any form of sexual ./SoS_decision_-_Towey__Catherine_-_13278.docx.pdf:contact. The panel is clearly of the view that any sexually motivated conduct involving a ./SoS_decision_-_Towey__Catherine_-_13278.docx.pdf-pupil is serious. The panel found no evidence that Ms Towey's actions have caused any ./SoS_decision_-_Towey__Catherine_-_13278.docx.pdf-harm to Pupil A. However, the panel considers that there was a risk that her actions ./SoS_decision_-_Towey__Catherine_-_13278.docx.pdf-might have caused harm to Pupil A. Her actions actively encouraged the flirtatious and ./SoS_decision_-_Towey__Catherine_-_13278.docx.pdf:sexualised contact between her and Pupil A, and it is clear that they resulted in an ./SoS_decision_-_Towey__Catherine_-_13278.docx.pdf-increasing expectation on the part of Pupil A that a physical and emotional relationship ./SoS_decision_-_Towey__Catherine_-_13278.docx.pdf-was possible. ./SoS_decision_-_Towey__Catherine_-_13278.docx.pdf- ./SoS_decision_-_Towey__Catherine_-_13278.docx.pdf-Nevertheless, the panel has weighed against the seriousness of Ms Towey's actions the ./SoS_decision_-_Towey__Catherine_-_13278.docx.pdf-level of insight she had into why her actions were inappropriate, and the remorse and ./SoS_decision_-_Towey__Catherine_-_13278.docx.pdf-regret she has expressed. The panel was of the view that she was unlikely to repeat the ./SoS_decision_-_Towey__Catherine_-_13278.docx.pdf-behaviour in future. It noted that she had sought counselling in relation to her behaviour. ./SoS_decision_-_Towey__Catherine_-_13278.docx.pdf-It also noted that she had hitherto been a competent and successful teacher for twelve ./SoS_decision_-_Towey__Catherine_-_13278.docx.pdf-years. ./SoS_decision_-_Towey__Catherine_-_13278.docx.pdf- ./SoS_Decision_-_Ward_Colin.pdf- v. 'Wish I had brought you back here and fed you now', ./SoS_Decision_-_Ward_Colin.pdf- vi. 'I care so much about you'. ./SoS_Decision_-_Ward_Colin.pdf- e. In his text message he referred to pupil A as: ./SoS_Decision_-_Ward_Colin.pdf- i. Sweetie, ./SoS_Decision_-_Ward_Colin.pdf- ii. Beautiful, ./SoS_Decision_-_Ward_Colin.pdf- iii. Wonderful. ./SoS_Decision_-_Ward_Colin.pdf- f. Met with pupil A, inside his car, without the permission of the College ./SoS_Decision_-_Ward_Colin.pdf- where he: ./SoS_Decision_-_Ward_Colin.pdf- i. Held her hand. ./SoS_Decision_-_Ward_Colin.pdf- g. Attempted to meet Pupil A on another occasion outside the College. ./SoS_Decision_-_Ward_Colin.pdf: 2. His actions at paragraphs 1a-1g were sexually motivated. ./SoS_Decision_-_Ward_Colin.pdf- ./SoS_Decision_-_Ward_Colin.pdf- ./SoS_Decision_-_Ward_Colin.pdf-C. Preliminary applications ./SoS_Decision_-_Ward_Colin.pdf-There were no preliminary applications. ./SoS_Decision_-_Ward_Colin.pdf- ./SoS_Decision_-_Ward_Colin.pdf- ./SoS_Decision_-_Ward_Colin.pdf-D. Summary of evidence ./SoS_Decision_-_Ward_Colin.pdf- ./SoS_Decision_-_Ward_Colin.pdf-Documents ./SoS_Decision_-_Ward_Colin.pdf-In advance of the meeting, the panel received and read a bundle of documents which -- ./SoS_Decision_-_Ward_Colin.pdf-February 2014 Mr Ward was suspended from his post and formally dismissed from the ./SoS_Decision_-_Ward_Colin.pdf-Sixth Form College on 2 September 2014. ./SoS_Decision_-_Ward_Colin.pdf- ./SoS_Decision_-_Ward_Colin.pdf-Findings of fact ./SoS_Decision_-_Ward_Colin.pdf-The panel's findings of fact are as follows: ./SoS_Decision_-_Ward_Colin.pdf- ./SoS_Decision_-_Ward_Colin.pdf-The panel has determined that the requirements for a Meeting as set out in Rules 4.83 to ./SoS_Decision_-_Ward_Colin.pdf-Rule 4.91 of the Teachers Disciplinary Procedures have been satisfied. The panel has ./SoS_Decision_-_Ward_Colin.pdf-carefully considered whether Mr Ward has admitted allegation 2. The Notice of Referral ./SoS_Decision_-_Ward_Colin.pdf-Form and the Statement of Agreed Facts contain clear statements of admittance by Mr ./SoS_Decision_-_Ward_Colin.pdf:Ward as to his conduct being sexually motivated. The letter of the 6 March 2015 contains ./SoS_Decision_-_Ward_Colin.pdf-a number of ambiguous statements from Mr Ward and the letter of 3 December 2014 ./SoS_Decision_-_Ward_Colin.pdf:denies that his actions were sexually motivated. The panel has determined that Mr ./SoS_Decision_-_Ward_Colin.pdf-Ward's admittance of allegation 2 is clearly set out both in the Notice of Referral Form ./SoS_Decision_-_Ward_Colin.pdf-and the signed Statement of Agreed Facts. ./SoS_Decision_-_Ward_Colin.pdf- ./SoS_Decision_-_Ward_Colin.pdf-Mr Ward and the presenting officer submitted a Statement of Agreed Facts signed by Mr ./SoS_Decision_-_Ward_Colin.pdf-Ward on 6 March 2015. At paragraphs 8 to 14 of the Agreed Statement of Facts each of ./SoS_Decision_-_Ward_Colin.pdf-the particulars 1a to 1e of inappropriate communications with Pupil A, as set out in the ./SoS_Decision_-_Ward_Colin.pdf-Notice of Meeting, are repeated, and against each particular Mr Ward has agreed each ./SoS_Decision_-_Ward_Colin.pdf-event. At paragraphs 16 to 22 of the Agreed Statement of Facts the factual events ./SoS_Decision_-_Ward_Colin.pdf-leading to the meeting with Pupil A in the car are set out. Mr Ward agrees each of the ./SoS_Decision_-_Ward_Colin.pdf-listed facts and admits the meeting took place without the College's permission or -- ./SoS_Decision_-_Ward_Colin.pdf-Mr Ward also accepts in the Statement of Agreed Facts that he failed to maintain ./SoS_Decision_-_Ward_Colin.pdf:appropriate boundaries with Pupil A and that his conduct was sexually motivated. ./SoS_Decision_-_Ward_Colin.pdf- ./SoS_Decision_-_Ward_Colin.pdf-Accordingly the panel is satisfied that the facts set out in the Notice of Meeting are ./SoS_Decision_-_Ward_Colin.pdf-proved. ./SoS_Decision_-_Ward_Colin.pdf- ./SoS_Decision_-_Ward_Colin.pdf-Findings as to unacceptable professional conduct and/or ./SoS_Decision_-_Ward_Colin.pdf-conduct that may bring the profession into disrepute ./SoS_Decision_-_Ward_Colin.pdf-The panel is satisfied that the conduct of Mr Ward in relation to the facts found proved ./SoS_Decision_-_Ward_Colin.pdf-involved breaches of the Teachers' Standards. The panel considers that by reference to ./SoS_Decision_-_Ward_Colin.pdf-Part Two, Mr Ward is in breach of the following Standards: ./SoS_Decision_-_Ward_Colin.pdf- -- ./SoS_Decision_-_Ward_Colin.pdf-The panel has considered the advice on Teacher Misconduct in relation to the Prohibition ./SoS_Decision_-_Ward_Colin.pdf-of Teachers, and has concluded that the following are relevant: ./SoS_Decision_-_Ward_Colin.pdf- ./SoS_Decision_-_Ward_Colin.pdf-  Serious departure from the personal and professional conduct elements of the ./SoS_Decision_-_Ward_Colin.pdf- latest Teachers' Standards, as published by, or on behalf of, the Secretary of ./SoS_Decision_-_Ward_Colin.pdf- State. ./SoS_Decision_-_Ward_Colin.pdf-  Misconduct seriously affecting the education and/or well-being of pupils, and ./SoS_Decision_-_Ward_Colin.pdf- particularly where there is a continuing risk. ./SoS_Decision_-_Ward_Colin.pdf-  Abuse of position of trust or violation of the rights of pupils. ./SoS_Decision_-_Ward_Colin.pdf-  Deliberate behaviour that undermines the profession, the school or colleagues. ./SoS_Decision_-_Ward_Colin.pdf:  Sexual misconduct e.g. involving actions that were sexually motivated. ./SoS_Decision_-_Ward_Colin.pdf- ./SoS_Decision_-_Ward_Colin.pdf- ./SoS_Decision_-_Ward_Colin.pdf-The panel has found that the allegations against Mr Ward involved acts of abuse of trust ./SoS_Decision_-_Ward_Colin.pdf-and the violation of pupil rights, which affect the reputation of the teaching profession. ./SoS_Decision_-_Ward_Colin.pdf-The conduct of Mr Ward was planned, deliberate and maintained over a period of time. ./SoS_Decision_-_Ward_Colin.pdf- ./SoS_Decision_-_Ward_Colin.pdf-Similarly, the panel considers that public confidence in the profession could be weakened ./SoS_Decision_-_Ward_Colin.pdf-if such conduct, as the panel has found proved, were not treated with seriousness when ./SoS_Decision_-_Ward_Colin.pdf-regulating the conduct of the profession. The factual findings against Mr Ward raise ./SoS_Decision_-_Ward_Colin.pdf-important public interest considerations in declaring proper standards of conduct for the ./SoS_Decision_-_Ward_Colin.pdf-teaching profession. Teachers are at all times role models and are expected to act with ./SoS_Decision_-_Ward_Colin.pdf-integrity. ./SoS_Decision_-_Ward_Colin.pdf- ./SoS_Decision_-_Ward_Colin.pdf-Notwithstanding the public interest considerations that were present, the panel has to ./SoS_Decision_-_Ward_Colin.pdf-consider carefully whether or not it would be proportionate to impose a prohibition order. ./SoS_Decision_-_Ward_Colin.pdf-The panel has taken careful note of the mitigating circumstances listed by Mr Ward at ./SoS_Decision_-_Ward_Colin.pdf-pages 170-175 of the meeting bundle in a letter written on 13 December 2014. The ./SoS_Decision_-_Ward_Colin.pdf-panel has noted that the letter contains different representations to the Statement of ./SoS_Decision_-_Ward_Colin.pdf-Agreed Facts, and in particular that the latter document accepts that Mr Ward's actions ./SoS_Decision_-_Ward_Colin.pdf:were sexually motivated. The panel has dealt with this apparent conflict earlier in the ./SoS_Decision_-_Ward_Colin.pdf-reasons. The panel does not accept, however, Mr Ward's assertion that he was acting in ./SoS_Decision_-_Ward_Colin.pdf-the best interests of Pupil A; the best interests of Pupil A would have been for Mr Ward to ./SoS_Decision_-_Ward_Colin.pdf-direct Pupil A to appropriate support and guidance in accordance with the safeguarding ./SoS_Decision_-_Ward_Colin.pdf-policies and procedures of the College. Mr Ward does express remorse and an ./SoS_Decision_-_Ward_Colin.pdf-unreserved apology for what took place. The panel has noted that there were no previous ./SoS_Decision_-_Ward_Colin.pdf-matters of a regulatory nature recorded against Mr Ward and he has been a teacher for ./SoS_Decision_-_Ward_Colin.pdf-over 30 years. ./SoS_Decision_-_Ward_Colin.pdf- ./SoS_Decision_-_Ward_Colin.pdf- 7 ./SoS_Decision_-_Ward_Colin.pdf- -- ./SoS_Decision_-_Ward_Colin.pdf- ./SoS_Decision_-_Ward_Colin.pdf-Decision and reasons on behalf of the Secretary of State ./SoS_Decision_-_Ward_Colin.pdf-I have given careful consideration to the findings and recommendations of the panel in ./SoS_Decision_-_Ward_Colin.pdf-this case. ./SoS_Decision_-_Ward_Colin.pdf- ./SoS_Decision_-_Ward_Colin.pdf-The panel have found all the allegations proven and have judged that the facts amount to ./SoS_Decision_-_Ward_Colin.pdf-unacceptable professional conduct and conduct that may bring the profession into ./SoS_Decision_-_Ward_Colin.pdf-disrepute. ./SoS_Decision_-_Ward_Colin.pdf- ./SoS_Decision_-_Ward_Colin.pdf-Mr Ward has entered into an inappropriate relationship with Pupil A and furthermore the ./SoS_Decision_-_Ward_Colin.pdf:panel have concluded that his actions were sexually motivated. In considering whether to ./SoS_Decision_-_Ward_Colin.pdf-recommend a prohibition order the panel have found a number of public interest ./SoS_Decision_-_Ward_Colin.pdf-considerations to be relevant to this case; namely: ./SoS_Decision_-_Ward_Colin.pdf- ./SoS_Decision_-_Ward_Colin.pdf-  The protection of pupils; ./SoS_Decision_-_Ward_Colin.pdf-  The maintenance of confidence in the profession; and ./SoS_Decision_-_Ward_Colin.pdf-  The declaring and upholding of proper standards of conduct. ./SoS_Decision_-_Ward_Colin.pdf-The panel have acknowledged Mr Ward’s previous good history and that he has ./SoS_Decision_-_Ward_Colin.pdf-expressed remorse and apologised for his actions. ./SoS_Decision_-_Ward_Colin.pdf- ./SoS_Decision_-_Ward_Colin.pdf-Nevertheless the panel are of the clear view that the public interest considerations ./SoS_Decision_-_Wrangles_Craig_Edward_Final.pdf- ./SoS_Decision_-_Wrangles_Craig_Edward_Final.pdf- 2. On 23 December 2013 he requested that Pupil A send him her mobile telephone ./SoS_Decision_-_Wrangles_Craig_Edward_Final.pdf- number; ./SoS_Decision_-_Wrangles_Craig_Edward_Final.pdf- ./SoS_Decision_-_Wrangles_Craig_Edward_Final.pdf- 3. In his communications with Pupil A, on one or more occasions, he inappropriately: ./SoS_Decision_-_Wrangles_Craig_Edward_Final.pdf- ./SoS_Decision_-_Wrangles_Craig_Edward_Final.pdf- a. sent message(s) expressing his love for her, ./SoS_Decision_-_Wrangles_Craig_Edward_Final.pdf- ./SoS_Decision_-_Wrangles_Craig_Edward_Final.pdf- b. sent message(s) in which he referred to Pupil A as “baby”, ./SoS_Decision_-_Wrangles_Craig_Edward_Final.pdf- ./SoS_Decision_-_Wrangles_Craig_Edward_Final.pdf: c. sent message(s) which were sexually suggestive, ./SoS_Decision_-_Wrangles_Craig_Edward_Final.pdf- ./SoS_Decision_-_Wrangles_Craig_Edward_Final.pdf- d. asked Pupil A to provide him with photographs of her, ./SoS_Decision_-_Wrangles_Craig_Edward_Final.pdf- ./SoS_Decision_-_Wrangles_Craig_Edward_Final.pdf- e. instructed Pupil A not to inform anyone about the communication(s); ./SoS_Decision_-_Wrangles_Craig_Edward_Final.pdf- ./SoS_Decision_-_Wrangles_Craig_Edward_Final.pdf: 4. His actions as described at paragraphs 1 and/or 2 and/or 3 above were sexually ./SoS_Decision_-_Wrangles_Craig_Edward_Final.pdf- motivated. ./SoS_Decision_-_Wrangles_Craig_Edward_Final.pdf- ./SoS_Decision_-_Wrangles_Craig_Edward_Final.pdf- Mr Wrangles admitted allegations 1, 2, 3a, 3b, 3c and 3e; and admitted that those ./SoS_Decision_-_Wrangles_Craig_Edward_Final.pdf- allegations constituted unacceptable professional conduct. He denied allegations 3d ./SoS_Decision_-_Wrangles_Craig_Edward_Final.pdf- and 4. ./SoS_Decision_-_Wrangles_Craig_Edward_Final.pdf- ./SoS_Decision_-_Wrangles_Craig_Edward_Final.pdf- ./SoS_Decision_-_Wrangles_Craig_Edward_Final.pdf-C. Preliminary applications ./SoS_Decision_-_Wrangles_Craig_Edward_Final.pdf-Adjournment application ./SoS_Decision_-_Wrangles_Craig_Edward_Final.pdf- -- ./SoS_Decision_-_Wrangles_Craig_Edward_Final.pdf- ./SoS_Decision_-_Wrangles_Craig_Edward_Final.pdf-Mr Wrangles admitted this allegation in writing on 9 December 2014 and at this hearing ./SoS_Decision_-_Wrangles_Craig_Edward_Final.pdf-itself. Mr Wrangles stated that this was another example of “teenager speak”. The panel ./SoS_Decision_-_Wrangles_Craig_Edward_Final.pdf-accepted that explanation. ./SoS_Decision_-_Wrangles_Craig_Edward_Final.pdf- ./SoS_Decision_-_Wrangles_Craig_Edward_Final.pdf-In light of the Twitter message seen by the panel and Mr Wrangles’ admission, the panel ./SoS_Decision_-_Wrangles_Craig_Edward_Final.pdf-found this allegation proven. The panel considered the message to be inappropriate ./SoS_Decision_-_Wrangles_Craig_Edward_Final.pdf-since it blurred the professional boundaries between Mr Wrangles and Pupil A. ./SoS_Decision_-_Wrangles_Craig_Edward_Final.pdf- ./SoS_Decision_-_Wrangles_Craig_Edward_Final.pdf-3c. In your communications with Pupil A, on one or more occasions, you ./SoS_Decision_-_Wrangles_Craig_Edward_Final.pdf:inappropriately sent message(s) which were sexually suggestive, ./SoS_Decision_-_Wrangles_Craig_Edward_Final.pdf- ./SoS_Decision_-_Wrangles_Craig_Edward_Final.pdf-The panel has seen an exchange of Twitter messages between Mr Wrangles and Pupil A ./SoS_Decision_-_Wrangles_Craig_Edward_Final.pdf:which had sexually suggestive content. ./SoS_Decision_-_Wrangles_Craig_Edward_Final.pdf- ./SoS_Decision_-_Wrangles_Craig_Edward_Final.pdf-Mr Wrangles admitted this allegation in writing on 9 December 2014 and at this hearing ./SoS_Decision_-_Wrangles_Craig_Edward_Final.pdf-itself. ./SoS_Decision_-_Wrangles_Craig_Edward_Final.pdf- ./SoS_Decision_-_Wrangles_Craig_Edward_Final.pdf-In light of the Twitter messages seen by the panel and Mr Wrangles’ admission, the ./SoS_Decision_-_Wrangles_Craig_Edward_Final.pdf-panel found this allegation proven. The panel considered the messages to be ./SoS_Decision_-_Wrangles_Craig_Edward_Final.pdf-inappropriate since they blurred the professional boundaries between Mr Wrangles and ./SoS_Decision_-_Wrangles_Craig_Edward_Final.pdf-Pupil A. ./SoS_Decision_-_Wrangles_Craig_Edward_Final.pdf- ./SoS_Decision_-_Wrangles_Craig_Edward_Final.pdf-3d. In your communications with Pupil A, on one or more occasions, you -- ./SoS_Decision_-_Wrangles_Craig_Edward_Final.pdf-4. Your actions as described at paragraphs 1 and/or 2 and/or 3 above were ./SoS_Decision_-_Wrangles_Craig_Edward_Final.pdf:sexually motivated. ./SoS_Decision_-_Wrangles_Craig_Edward_Final.pdf- ./SoS_Decision_-_Wrangles_Craig_Edward_Final.pdf-The panel examined the content of Twitter messages sent by Mr Wrangles and was of ./SoS_Decision_-_Wrangles_Craig_Edward_Final.pdf:the view that the words used could reasonably be thought to be sexual and the panel has ./SoS_Decision_-_Wrangles_Craig_Edward_Final.pdf:already found that such messages were sexually suggestive. ./SoS_Decision_-_Wrangles_Craig_Edward_Final.pdf- ./SoS_Decision_-_Wrangles_Craig_Edward_Final.pdf-The panel went on to consider whether Mr Wrangles’ motive in sending such messages ./SoS_Decision_-_Wrangles_Craig_Edward_Final.pdf:was sexual. ./SoS_Decision_-_Wrangles_Craig_Edward_Final.pdf- ./SoS_Decision_-_Wrangles_Craig_Edward_Final.pdf-In evidence, Mr Wrangles stated that he felt that he had trapped himself, once he had ./SoS_Decision_-_Wrangles_Craig_Edward_Final.pdf-sent the first message by Twitter to Pupil A asking her to delete a public tweet that read ./SoS_Decision_-_Wrangles_Craig_Edward_Final.pdf-something like “waiting for my science teacher to Snapchat me”. He stated that Pupil A ./SoS_Decision_-_Wrangles_Craig_Edward_Final.pdf-had told him that having messaged her once, he would have to continue. He thought he ./SoS_Decision_-_Wrangles_Craig_Edward_Final.pdf-could handle the situation himself without reporting his concerns to the College. He ./SoS_Decision_-_Wrangles_Craig_Edward_Final.pdf-believed that as someone in a new position who had not yet established himself in the ./SoS_Decision_-_Wrangles_Craig_Edward_Final.pdf-College which had a very different culture from his previous school, he would be ./SoS_Decision_-_Wrangles_Craig_Edward_Final.pdf-vulnerable if he reported the issue. The panel heard persuasive evidence that, ./SoS_Decision_-_Wrangles_Craig_Edward_Final.pdf-throughout his life, he had internalised issues rather than talking about them and avoided ./SoS_Decision_-_Wrangles_Craig_Edward_Final.pdf-issues rather than confronting them. ./SoS_Decision_-_Wrangles_Craig_Edward_Final.pdf- ./SoS_Decision_-_Wrangles_Craig_Edward_Final.pdf-Nonetheless, the panel found that there had been numerous opportunities for Mr ./SoS_Decision_-_Wrangles_Craig_Edward_Final.pdf-Wrangles to disengage and stop the pattern of behaviour that had developed between ./SoS_Decision_-_Wrangles_Craig_Edward_Final.pdf-him and Pupil A. He failed to disengage. For example, this included an opportunity to do ./SoS_Decision_-_Wrangles_Craig_Edward_Final.pdf-so when the head of science asked him whether he had any of the pupils on Snapchat. ./SoS_Decision_-_Wrangles_Craig_Edward_Final.pdf-Rather than effectively addressing the issue, he instead tried to move Pupil A away from ./SoS_Decision_-_Wrangles_Craig_Edward_Final.pdf-using Snapchat, and use a different medium to continue to play along. ./SoS_Decision_-_Wrangles_Craig_Edward_Final.pdf- ./SoS_Decision_-_Wrangles_Craig_Edward_Final.pdf-The panel noted the evidence of Pupil A that she had had no intention of pursuing any ./SoS_Decision_-_Wrangles_Craig_Edward_Final.pdf:kind of sexual contact with Mr Wrangles, and Mr Wrangles likewise, stated that he had no ./SoS_Decision_-_Wrangles_Craig_Edward_Final.pdf:sexual interest in Pupil A. The panel found this evidence persuasive. Although sexually ./SoS_Decision_-_Wrangles_Craig_Edward_Final.pdf-suggestive, and clearly inappropriate given the teacher-pupil relationship, the panel ./SoS_Decision_-_Wrangles_Craig_Edward_Final.pdf-considered the messages to have been of a flirtatious and playful nature, rather than ./SoS_Decision_-_Wrangles_Craig_Edward_Final.pdf:there having been any serious sexual intention on either part. ./SoS_Decision_-_Wrangles_Craig_Edward_Final.pdf- ./SoS_Decision_-_Wrangles_Craig_Edward_Final.pdf-The panel therefore found this allegation not proven. ./SoS_Decision_-_Wrangles_Craig_Edward_Final.pdf- ./SoS_Decision_-_Wrangles_Craig_Edward_Final.pdf-Findings as to unacceptable professional conduct and/or ./SoS_Decision_-_Wrangles_Craig_Edward_Final.pdf-conduct that may bring the profession into disrepute ./SoS_Decision_-_Wrangles_Craig_Edward_Final.pdf-In considering the allegations that the panel has found proven, the panel has had regard ./SoS_Decision_-_Wrangles_Craig_Edward_Final.pdf-to the definitions in The Teacher Misconduct – Prohibition of Teachers Advice, which we ./SoS_Decision_-_Wrangles_Craig_Edward_Final.pdf-refer to as the ‘guidance’. ./SoS_Decision_-_Wrangles_Craig_Edward_Final.pdf- ./SoS_Decision_-_Wrangles_Craig_Edward_Final.pdf- -- ./SoS_Decision_-_Wrangles_Craig_Edward_Final.pdf-In considering whether to recommend to the Secretary of State that a prohibition order ./SoS_Decision_-_Wrangles_Craig_Edward_Final.pdf-should be made, the panel has to consider whether it is an appropriate and proportionate ./SoS_Decision_-_Wrangles_Craig_Edward_Final.pdf-measure, and whether it is in the public interest to do so. Prohibition orders should not ./SoS_Decision_-_Wrangles_Craig_Edward_Final.pdf-be given in order to be punitive, or to show that blame has been apportioned, although ./SoS_Decision_-_Wrangles_Craig_Edward_Final.pdf-they are likely to have punitive effect. ./SoS_Decision_-_Wrangles_Craig_Edward_Final.pdf- ./SoS_Decision_-_Wrangles_Craig_Edward_Final.pdf-The panel has considered the particular public interest factors set out in the Guidance. ./SoS_Decision_-_Wrangles_Craig_Edward_Final.pdf-The panel considered the risk of repetition to be negligible, given the level of insight and ./SoS_Decision_-_Wrangles_Craig_Edward_Final.pdf:remorse demonstrated by Mr Wrangles at the hearing and the absence of sexual ./SoS_Decision_-_Wrangles_Craig_Edward_Final.pdf-motivation in this case. Therefore the panel did not consider that pupils require ./SoS_Decision_-_Wrangles_Craig_Edward_Final.pdf-protection from Mr Wrangles in the future. The panel considered that the maintenance of ./SoS_Decision_-_Wrangles_Craig_Edward_Final.pdf-public confidence in the profession and the declaring and upholding proper standards of ./SoS_Decision_-_Wrangles_Craig_Edward_Final.pdf-conduct were relevant considerations, but felt these had been appropriately and ./SoS_Decision_-_Wrangles_Craig_Edward_Final.pdf-proportionately met by the public hearing of the case, and by the panel’s findings of ./SoS_Decision_-_Wrangles_Craig_Edward_Final.pdf-unacceptable professional conduct and conduct that may bring the profession into ./SoS_Decision_-_Wrangles_Craig_Edward_Final.pdf-disrepute. ./SoS_Decision_-_Wrangles_Craig_Edward_Final.pdf- ./SoS_Decision_-_Wrangles_Craig_Edward_Final.pdf-In carrying out the balancing exercise the panel has considered the public interest ./SoS_Decision_-_Wrangles_Craig_Edward_Final.pdf-considerations both in favour of and against prohibition as well as the interests of Mr -- ./SoS_Decision_-_Wrangles_Craig_Edward_Final.pdf- ./SoS_Decision_-_Wrangles_Craig_Edward_Final.pdf-The panel heard evidence from the then head of upper school that the messages did not ./SoS_Decision_-_Wrangles_Craig_Edward_Final.pdf-appear to be a significant issue for Pupil A. The panel did not believe Pupil A had been ./SoS_Decision_-_Wrangles_Craig_Edward_Final.pdf-seriously affected by the messages and thought that, at the time, she had perceived it as ./SoS_Decision_-_Wrangles_Craig_Edward_Final.pdf-playful banter. ./SoS_Decision_-_Wrangles_Craig_Edward_Final.pdf- ./SoS_Decision_-_Wrangles_Craig_Edward_Final.pdf-Abuse of position or trust (particularly involving vulnerable pupils) or violation of the rights ./SoS_Decision_-_Wrangles_Craig_Edward_Final.pdf-of pupils ./SoS_Decision_-_Wrangles_Craig_Edward_Final.pdf- ./SoS_Decision_-_Wrangles_Craig_Edward_Final.pdf-The panel did consider that it would be of concern to parents to know that Mr Wrangles ./SoS_Decision_-_Wrangles_Craig_Edward_Final.pdf:had engaged in communications that were sexually suggestive with a pupil. ./SoS_Decision_-_Wrangles_Craig_Edward_Final.pdf- ./SoS_Decision_-_Wrangles_Craig_Edward_Final.pdf- ./SoS_Decision_-_Wrangles_Craig_Edward_Final.pdf- ./SoS_Decision_-_Wrangles_Craig_Edward_Final.pdf- ./SoS_Decision_-_Wrangles_Craig_Edward_Final.pdf- 13 ./SoS_Decision_-_Wrangles_Craig_Edward_Final.pdf- -- ./SoS_Decision_-_Wrangles_Craig_Edward_Final.pdf:Sexual misconduct, eg involving actions that were sexually motivated or of a sexual ./SoS_Decision_-_Wrangles_Craig_Edward_Final.pdf-nature and/or that use or exploit the trust, knowledge or influence derived from the ./SoS_Decision_-_Wrangles_Craig_Edward_Final.pdf-individual’s professional position ./SoS_Decision_-_Wrangles_Craig_Edward_Final.pdf- ./SoS_Decision_-_Wrangles_Craig_Edward_Final.pdf:Whilst the communications were sexually suggestive, they were not sexually motivated. ./SoS_Decision_-_Wrangles_Craig_Edward_Final.pdf- ./SoS_Decision_-_Wrangles_Craig_Edward_Final.pdf-Even though there were behaviours that could point to the appropriateness of a ./SoS_Decision_-_Wrangles_Craig_Edward_Final.pdf-prohibition order, the panel went on to consider whether or not there were sufficient ./SoS_Decision_-_Wrangles_Craig_Edward_Final.pdf-mitigating factors to militate against a prohibition order, particularly taking into account ./SoS_Decision_-_Wrangles_Craig_Edward_Final.pdf-the nature of the behaviour in this case. ./SoS_Decision_-_Wrangles_Craig_Edward_Final.pdf- ./SoS_Decision_-_Wrangles_Craig_Edward_Final.pdf-The panel considered that although Mr Wrangles felt that he had trapped himself, he had ./SoS_Decision_-_Wrangles_Craig_Edward_Final.pdf-failed to avail himself of opportunities to disengage from the behaviour, and in that ./SoS_Decision_-_Wrangles_Craig_Edward_Final.pdf-respect the panel considered his actions were deliberate. ./SoS_Decision_-_Wrangles_Craig_Edward_Final.pdf- -- ./SoS_Decision_-_Wrangles_Craig_Edward_Final.pdf-Decision and reasons on behalf of the Secretary of State ./SoS_Decision_-_Wrangles_Craig_Edward_Final.pdf-I have given careful consideration to the findings and recommendations of the panel in ./SoS_Decision_-_Wrangles_Craig_Edward_Final.pdf-this case. Those allegations found proven relate to Mr Wrangles’ use of social media to ./SoS_Decision_-_Wrangles_Craig_Edward_Final.pdf-communicate inappropriately with Pupil A. The panel did not find that in so doing his ./SoS_Decision_-_Wrangles_Craig_Edward_Final.pdf:intentions were sexually motivated. ./SoS_Decision_-_Wrangles_Craig_Edward_Final.pdf- ./SoS_Decision_-_Wrangles_Craig_Edward_Final.pdf-The panel have given very careful consideration to the evidence and have found that Mr ./SoS_Decision_-_Wrangles_Craig_Edward_Final.pdf-Wrangles’ behaviour amounts to both unacceptable professional conduct and conduct ./SoS_Decision_-_Wrangles_Craig_Edward_Final.pdf-that may bring the profession into disrepute. ./SoS_Decision_-_Wrangles_Craig_Edward_Final.pdf- ./SoS_Decision_-_Wrangles_Craig_Edward_Final.pdf-In considering whether to recommend a prohibition order, the panel have balanced the ./SoS_Decision_-_Wrangles_Craig_Edward_Final.pdf-interests of the public with those of the teacher. The panel considered the risk of ./SoS_Decision_-_Wrangles_Craig_Edward_Final.pdf-repetition to be negligible, given the level of insight and remorse demonstrated by Mr ./SoS_Decision_-_Wrangles_Craig_Edward_Final.pdf:Wrangles at the hearing and the absence of sexual motivation in this case. Therefore ./SoS_Decision_-_Wrangles_Craig_Edward_Final.pdf-they did not consider that pupils require protection from Mr Wrangles in the future. The ./SoS_Decision_-_Wrangles_Craig_Edward_Final.pdf-panel considered that the maintenance of public confidence in the profession and ./SoS_Decision_-_Wrangles_Craig_Edward_Final.pdf-declaring and upholding proper standards of conduct were relevant considerations, but ./SoS_Decision_-_Wrangles_Craig_Edward_Final.pdf-felt these had been appropriately and proportionately met by the public hearing of the ./SoS_Decision_-_Wrangles_Craig_Edward_Final.pdf-case, and by the panel’s findings of unacceptable professional conduct and conduct that ./SoS_Decision_-_Wrangles_Craig_Edward_Final.pdf-may bring the profession into disrepute. ./SoS_Decision_-_Wrangles_Craig_Edward_Final.pdf- ./SoS_Decision_-_Wrangles_Craig_Edward_Final.pdf-The panel found that Mr Wrangles’ actions were deliberate and that he wasn’t acting ./SoS_Decision_-_Wrangles_Craig_Edward_Final.pdf-under duress albeit there was evidence that he had a tendency to avoid issues rather ./SoS_Decision_-_Wrangles_Craig_Edward_Final.pdf-than confronting them. There was also evidence that his life had been impacted by a ./SoS_decision_Clarke_Joanne.pdf-B. Allegations ./SoS_decision_Clarke_Joanne.pdf-The panel considered the allegations set out in the Notice of Meeting dated 25 March ./SoS_decision_Clarke_Joanne.pdf-2015. ./SoS_decision_Clarke_Joanne.pdf- ./SoS_decision_Clarke_Joanne.pdf-It was alleged that Joanne Clarke was guilty of unacceptable professional conduct in that ./SoS_decision_Clarke_Joanne.pdf-whilst employed at Friesland School, Nottingham you: ./SoS_decision_Clarke_Joanne.pdf- ./SoS_decision_Clarke_Joanne.pdf- 1. Engaged in an in appropriate relationship with Pupil A; ./SoS_decision_Clarke_Joanne.pdf- ./SoS_decision_Clarke_Joanne.pdf: 2. And in so doing, your actions were sexually motivated. ./SoS_decision_Clarke_Joanne.pdf- ./SoS_decision_Clarke_Joanne.pdf- ./SoS_decision_Clarke_Joanne.pdf-C. Preliminary applications ./SoS_decision_Clarke_Joanne.pdf-There were no preliminary applications. ./SoS_decision_Clarke_Joanne.pdf- ./SoS_decision_Clarke_Joanne.pdf- ./SoS_decision_Clarke_Joanne.pdf-D. Summary of evidence ./SoS_decision_Clarke_Joanne.pdf- ./SoS_decision_Clarke_Joanne.pdf-Documents ./SoS_decision_Clarke_Joanne.pdf-In advance of the meeting, the panel received a bundle of documents which included: -- ./SoS_decision_Clarke_Joanne.pdf-dog. ./SoS_decision_Clarke_Joanne.pdf- ./SoS_decision_Clarke_Joanne.pdf-In the agreed statement of facts and her written representations, Ms Clarke admits that in ./SoS_decision_Clarke_Joanne.pdf-July 2009 she arranged to meet Pupil A outside of the school premises and teaching ./SoS_decision_Clarke_Joanne.pdf-hours, on multiple occasions to walk Ms Clarke’s dog. During this time they exchanged ./SoS_decision_Clarke_Joanne.pdf-mobile numbers for the purpose of arranging further dog walks. ./SoS_decision_Clarke_Joanne.pdf- ./SoS_decision_Clarke_Joanne.pdf-Ms Clarke also admits that in August 2009 she met Pupil A outside of school more ./SoS_decision_Clarke_Joanne.pdf-regularly, including going to the cinema and restaurants, and exchanged text messages ./SoS_decision_Clarke_Joanne.pdf-with Pupil A throughout this period. She admits that their relationship continued after ./SoS_decision_Clarke_Joanne.pdf:Pupil A left the school to go on to college. The relationship developed into a sexual ./SoS_decision_Clarke_Joanne.pdf-relationship when Pupil A was over the age of 18 and had left the school. In her written ./SoS_decision_Clarke_Joanne.pdf-representations to the National College, Ms Clarke accepts, that their “growing ./SoS_decision_Clarke_Joanne.pdf-friendship” may have contributed to Pupil A’s decision to leave school and go to college. ./SoS_decision_Clarke_Joanne.pdf- ./SoS_decision_Clarke_Joanne.pdf-Ms Clarke indicates in her written representations that Pupil A’s family became aware of ./SoS_decision_Clarke_Joanne.pdf-the relationship and accepted this, as Ms Clarke spent several nights at Pupil A’s ./SoS_decision_Clarke_Joanne.pdf-mother’s house during Christmas in 2009. ./SoS_decision_Clarke_Joanne.pdf- ./SoS_decision_Clarke_Joanne.pdf-In a note of Ms Clarke’s meeting with the school, included in the bundle of documents, it ./SoS_decision_Clarke_Joanne.pdf-is stated that Pupil A had notified the police that he had been 18 when the relationship ./SoS_decision_Clarke_Joanne.pdf:started. The panel regarded this reference to relate to the sexual relationship starting ./SoS_decision_Clarke_Joanne.pdf-when Pupil A was 18. ./SoS_decision_Clarke_Joanne.pdf- ./SoS_decision_Clarke_Joanne.pdf- ./SoS_decision_Clarke_Joanne.pdf- 5 ./SoS_decision_Clarke_Joanne.pdf- -- ./SoS_decision_Clarke_Joanne.pdf-The panel considered that Ms Clarke’s relationship with Pupil A was inappropriate as it ./SoS_decision_Clarke_Joanne.pdf-went beyond the professional boundaries of an appropriate pupil/teacher relationship. ./SoS_decision_Clarke_Joanne.pdf-The panel considered the evidence indicated that the relationship started whilst Pupil A ./SoS_decision_Clarke_Joanne.pdf:was aged 17. Although the relationship became sexual, when Pupil A had turned 18 and ./SoS_decision_Clarke_Joanne.pdf-was no longer a pupil of the school, the relationship itself had begun when he was 17. ./SoS_decision_Clarke_Joanne.pdf-However, the panel considered that Ms Clarke breached the position of trust placed upon ./SoS_decision_Clarke_Joanne.pdf-her as a member of the teaching profession. In her written representations to the National ./SoS_decision_Clarke_Joanne.pdf-College, Ms Clarke accepts that she held a position of trust and that she acted ./SoS_decision_Clarke_Joanne.pdf-inappropriately in a position of power and abused that position of trust. For these ./SoS_decision_Clarke_Joanne.pdf-reasons, the panel finds this allegation proven. ./SoS_decision_Clarke_Joanne.pdf- ./SoS_decision_Clarke_Joanne.pdf- ./SoS_decision_Clarke_Joanne.pdf:2. And in so doing, your actions were sexually motivated. ./SoS_decision_Clarke_Joanne.pdf:In the statement of agreed facts, Ms Clarke agrees that her conduct was sexually ./SoS_decision_Clarke_Joanne.pdf:motivated. Since sexual intercourse took place between Ms Clarke and Pupil A (albeit when ./SoS_decision_Clarke_Joanne.pdf-he was 18 and had left school), the panel considered that it was more likely than not that the ./SoS_decision_Clarke_Joanne.pdf:activity referred to above under allegation 1 was sexually motivated. The panel therefore ./SoS_decision_Clarke_Joanne.pdf-finds this allegation proven. ./SoS_decision_Clarke_Joanne.pdf- ./SoS_decision_Clarke_Joanne.pdf-Findings as to unacceptable professional conduct ./SoS_decision_Clarke_Joanne.pdf-In considering the allegations that the panel has found proven, the panel has had regard ./SoS_decision_Clarke_Joanne.pdf-to the definitions in The Teacher Misconduct – Prohibition of Teachers Advice, which it ./SoS_decision_Clarke_Joanne.pdf-refers to as the ‘guidance’. ./SoS_decision_Clarke_Joanne.pdf- ./SoS_decision_Clarke_Joanne.pdf-The panel is satisfied that the conduct of Joanne Clarke in relation to the facts found ./SoS_decision_Clarke_Joanne.pdf-proven, involved breaches of the Teachers’ Standards. The panel considers that by ./SoS_decision_Clarke_Joanne.pdf-reference to part two, Ms Clarke is in breach of the following standards: -- ./SoS_decision_Clarke_Joanne.pdf:pupil, which was sexually motivated is a breach of the position of trust placed upon a ./SoS_decision_Clarke_Joanne.pdf-teacher. ./SoS_decision_Clarke_Joanne.pdf- ./SoS_decision_Clarke_Joanne.pdf-The panel has also considered whether Ms Clarke’s conduct displayed behaviours ./SoS_decision_Clarke_Joanne.pdf-associated with any of the offences listed on page 8 and 9 of the guidance. The panel ./SoS_decision_Clarke_Joanne.pdf:finds that Ms Clarke’s behaviour is associated with the offence of sexual activity. In ./SoS_decision_Clarke_Joanne.pdf:particular, Ms Clarke’s conduct towards Pupil A was sexually motivated whilst he was a ./SoS_decision_Clarke_Joanne.pdf:pupil of the school and was aged 17, which led to them engaging in sexual activity at a ./SoS_decision_Clarke_Joanne.pdf-later date. The guidance indicates that where behaviours associated with such an ./SoS_decision_Clarke_Joanne.pdf-offence exist, a panel is likely to conclude that an individual’s conduct would amount to ./SoS_decision_Clarke_Joanne.pdf-unacceptable professional conduct. ./SoS_decision_Clarke_Joanne.pdf- ./SoS_decision_Clarke_Joanne.pdf-The panel notes that the circumstances relating to the allegations took place outside of ./SoS_decision_Clarke_Joanne.pdf-school hours when Ms Clarke and Pupil A met to walk her dog and attend restaurants ./SoS_decision_Clarke_Joanne.pdf-and led to the development of an inappropriate relationship. Ms Clarke’s conduct was ./SoS_decision_Clarke_Joanne.pdf-harmful to Pupil A as he should have been able to place trust in Ms Clarke as a teacher ./SoS_decision_Clarke_Joanne.pdf-and she should not have let this situation occur. The breach of the position of trust affects ./SoS_decision_Clarke_Joanne.pdf-the way Ms Clarke fulfils her teaching role or may lead to pupils being exposed to or -- ./SoS_decision_Clarke_Joanne.pdf-be given in order to be punitive, or to show that blame has been apportioned, although ./SoS_decision_Clarke_Joanne.pdf-they are likely to have punitive effect. ./SoS_decision_Clarke_Joanne.pdf- ./SoS_decision_Clarke_Joanne.pdf-The panel has considered the particular public interest considerations set out in the ./SoS_decision_Clarke_Joanne.pdf-guidance and having done so has found a number of them to be relevant in this case, ./SoS_decision_Clarke_Joanne.pdf-namely the protection of pupils, the maintenance of public confidence in the profession ./SoS_decision_Clarke_Joanne.pdf-and declaring and upholding proper standards of conduct. ./SoS_decision_Clarke_Joanne.pdf- ./SoS_decision_Clarke_Joanne.pdf-In light of the panel’s findings against Ms Clarke, there is a strong public interest ./SoS_decision_Clarke_Joanne.pdf-consideration in respect of the protection of pupils given the serious findings of an ./SoS_decision_Clarke_Joanne.pdf:inappropriate sexually motivated relationship with Pupil A, which became sexual in nature ./SoS_decision_Clarke_Joanne.pdf-after Pupil A had turned 18. ./SoS_decision_Clarke_Joanne.pdf- ./SoS_decision_Clarke_Joanne.pdf- ./SoS_decision_Clarke_Joanne.pdf- ./SoS_decision_Clarke_Joanne.pdf- 7 ./SoS_decision_Clarke_Joanne.pdf- -- ./SoS_decision_Clarke_Joanne.pdf-of such behaviours, those that are relevant in this case are: ./SoS_decision_Clarke_Joanne.pdf- ./SoS_decision_Clarke_Joanne.pdf- ./SoS_decision_Clarke_Joanne.pdf- ./SoS_decision_Clarke_Joanne.pdf-  serious departure from the personal and professional conduct elements of the ./SoS_decision_Clarke_Joanne.pdf- Teachers’ Standards ./SoS_decision_Clarke_Joanne.pdf-  misconduct seriously affecting the education and/or well-being of pupils, and ./SoS_decision_Clarke_Joanne.pdf- particularly where there is a continuing risk ./SoS_decision_Clarke_Joanne.pdf-  abuse of position or trust (particularly involving vulnerable pupils) or violation of the ./SoS_decision_Clarke_Joanne.pdf- rights of pupils ./SoS_decision_Clarke_Joanne.pdf:  sexual misconduct, eg involving actions that were sexually motivated or of a ./SoS_decision_Clarke_Joanne.pdf: sexual nature and/or that use or exploit the trust, knowledge or influence derived ./SoS_decision_Clarke_Joanne.pdf- from the individual’s professional position ./SoS_decision_Clarke_Joanne.pdf-Even though there were behaviours that would point to a prohibition order being ./SoS_decision_Clarke_Joanne.pdf-appropriate, the panel went on to consider whether or not there were sufficient mitigating ./SoS_decision_Clarke_Joanne.pdf-factors to militate against a prohibition order being an appropriate and proportionate ./SoS_decision_Clarke_Joanne.pdf-measure to impose, particularly taking into account the nature of the behaviour in this ./SoS_decision_Clarke_Joanne.pdf-case. ./SoS_decision_Clarke_Joanne.pdf- ./SoS_decision_Clarke_Joanne.pdf-The panel noted from Ms Clarke’s written representations that at the time of the events ./SoS_decision_Clarke_Joanne.pdf-reflected in the allegations above, she was undergoing personal and work related ./SoS_decision_Clarke_Joanne.pdf-pressures. The panel did not consider that Ms Clarke was acting under duress. Ms -- ./SoS_decision_Clarke_Joanne.pdf-acknowledgment, in her written representations, that she accepts her behaviour had a ./SoS_decision_Clarke_Joanne.pdf-negative impact upon Pupil A’s life and that she acted inappropriately in a position of ./SoS_decision_Clarke_Joanne.pdf-power and abused a position of trust. ./SoS_decision_Clarke_Joanne.pdf- ./SoS_decision_Clarke_Joanne.pdf-Despite the mitigating factors that were present in this case, the panel is of the view that ./SoS_decision_Clarke_Joanne.pdf-prohibition is both proportionate and appropriate. The panel has decided that the public ./SoS_decision_Clarke_Joanne.pdf-interest considerations outweigh the interests of Ms Clarke. Forming an inappropriate ./SoS_decision_Clarke_Joanne.pdf:relationship with Pupil A which was sexually motivated, was the determining factor in ./SoS_decision_Clarke_Joanne.pdf-forming that opinion. Accordingly, the panel makes a recommendation to the Secretary ./SoS_decision_Clarke_Joanne.pdf-of State that a prohibition order should be imposed with immediate effect. ./SoS_decision_Clarke_Joanne.pdf- ./SoS_decision_Clarke_Joanne.pdf-The panel went on to consider whether or not it would be appropriate for it to recommend ./SoS_decision_Clarke_Joanne.pdf-that a review period of the order should be considered. The panel was mindful that the ./SoS_decision_Clarke_Joanne.pdf-guidance advises that a prohibition order applies for life, but there may be circumstances ./SoS_decision_Clarke_Joanne.pdf-in any given case that may make it appropriate to allow a teacher to apply to have the ./SoS_decision_Clarke_Joanne.pdf-prohibition order reviewed after a specified period of time that may not be less than 2 ./SoS_decision_Clarke_Joanne.pdf-years. ./SoS_decision_Clarke_Joanne.pdf- ./SoS_decision_Clarke_Joanne.pdf-The guidance indicates that there are behaviours that, if proven, should lead the panel to ./SoS_decision_Clarke_Joanne.pdf:consider recommending no review period. One of these behaviours is serious sexual ./SoS_decision_Clarke_Joanne.pdf:misconduct, eg where the act was sexually motivated and resulted in or had the potential ./SoS_decision_Clarke_Joanne.pdf-to result in, harm to a person or persons, particularly where the individual has used their ./SoS_decision_Clarke_Joanne.pdf-professional position to influence or exploit a person. The panel has found that Ms Clarke ./SoS_decision_Clarke_Joanne.pdf-has been responsible for abusing her position of trust and forming an inappropriate ./SoS_decision_Clarke_Joanne.pdf:relationship which was sexually motivated. Ms Clarke herself acknowledges the harmful ./SoS_decision_Clarke_Joanne.pdf-effect her behaviour has had on Pupil A in that he is angry and may feel that he was ./SoS_decision_Clarke_Joanne.pdf-taken advantage of. ./SoS_decision_Clarke_Joanne.pdf- ./SoS_decision_Clarke_Joanne.pdf:Even though the panel had found that Ms Clarke’s behaviour amounted to serious sexual ./SoS_decision_Clarke_Joanne.pdf-misconduct, the panel considered the mitigation evidence rendered it disproportionate ./SoS_decision_Clarke_Joanne.pdf-and punitive for a prohibition order to be imposed without a review period. The panel ./SoS_decision_Clarke_Joanne.pdf-accepts that Ms Clarke has shown insight into her behaviour as she deeply regrets her ./SoS_decision_Clarke_Joanne.pdf-actions and has expressed remorse for the “hurt and emotional damage” that she may ./SoS_decision_Clarke_Joanne.pdf-have caused Pupil A. The panel accepted that Ms Clarke was of previous good character ./SoS_decision_Clarke_Joanne.pdf-and there was no evidence of any other behaviour of this nature throughout her teaching ./SoS_decision_Clarke_Joanne.pdf-career. Because of Ms Clarke’s insight, and the lack of repetition, the public interest is ./SoS_decision_Clarke_Joanne.pdf-served by the panel’s finding of unacceptable professional conduct and recommendation ./SoS_decision_Clarke_Joanne.pdf-that a prohibition order should be imposed. The panel considered that it would not be ./SoS_decision_Clarke_Joanne.pdf-proportionate or in the public interest to recommend that no review period be imposed. -- ./SoS_decision_Clarke_Joanne.pdf-Decision and reasons on behalf of the Secretary of State ./SoS_decision_Clarke_Joanne.pdf-I have given very careful consideration to the findings and recommendations of the panel ./SoS_decision_Clarke_Joanne.pdf-in this case. The panel have found the allegations proven in that Ms Clarke engaged in ./SoS_decision_Clarke_Joanne.pdf:an inappropriate relationship with Pupil A and in doing so her actions were sexually ./SoS_decision_Clarke_Joanne.pdf-motivated. The panel have concluded that Ms Clarke is guilty of unacceptable ./SoS_decision_Clarke_Joanne.pdf-professional conduct. ./SoS_decision_Clarke_Joanne.pdf- ./SoS_decision_Clarke_Joanne.pdf-In considering whether to recommend the imposition of a prohibition order the panel have ./SoS_decision_Clarke_Joanne.pdf-balanced the interests of the public with those of Ms Clarke. They have found a number ./SoS_decision_Clarke_Joanne.pdf-of public interest considerations to be relevant in this case, namely the protection of ./SoS_decision_Clarke_Joanne.pdf-pupils, the maintenance of public confidence in the profession and declaring and ./SoS_decision_Clarke_Joanne.pdf-upholding proper standards of conduct. Whilst the panel have noted that Ms Clarke was ./SoS_decision_Clarke_Joanne.pdf-undergoing personal and work related pressures at the time, there is no evidence to ./SoS_decision_Clarke_Joanne.pdf-suggest she was acting under duress. ./SoS_decision_Clarke_Joanne.pdf- ./SoS_decision_Clarke_Joanne.pdf-The panel have recommended that a prohibition order would be an appropriate and ./SoS_decision_Clarke_Joanne.pdf-proportionate sanction and I agree with that recommendation. ./SoS_decision_Clarke_Joanne.pdf- ./SoS_decision_Clarke_Joanne.pdf-In considering whether to recommend a review period the panel have referred to the ./SoS_decision_Clarke_Joanne.pdf-Secretary of State’s advice, Teacher misconduct: The prohibition of teachers. They have ./SoS_decision_Clarke_Joanne.pdf:noted that serious sexual misconduct is a behaviour that should lead a panel to consider ./SoS_decision_Clarke_Joanne.pdf-recommending no review period. However, the panel have balanced this with the ./SoS_decision_Clarke_Joanne.pdf-mitigating factors present in this case. Ms Clarke has demonstrated insight into her ./SoS_decision_Clarke_Joanne.pdf-behaviour and expressed remorse. She has acknowledged that she has abused a ./SoS_decision_Clarke_Joanne.pdf-position of trust and also the harmful effect that her behaviour has had on Pupil A. The ./SoS_decision_Clarke_Joanne.pdf-panel have accepted that Ms Clarke was of previous good character and that there was ./SoS_decision_Clarke_Joanne.pdf-no evidence of repetition. The panel have recommended that Ms Clarke be allowed to ./SoS_decision_Clarke_Joanne.pdf-apply to have the order set aside after a minimum period of two years has passed. ./SoS_decision_Clarke_Joanne.pdf- ./SoS_decision_Clarke_Joanne.pdf-Whilst Ms Clarke has undoubtedly shown insight and remorse, her behaviour ./SoS_decision_Clarke_Joanne.pdf:nevertheless amounted to serious sexual misconduct. The panel have referenced the ./SoS_decision_Clarke_Joanne.pdf-Secretary of State’s advice in relation to this category of behaviour as being behaviour ./SoS_decision_Clarke_Joanne.pdf-that should lead to the consideration of an order with no review. Whilst accepting the ./SoS_decision_Clarke_Joanne.pdf-mitigation offered by Ms Clarke and clearly outlined in the panel’s recommendation, I am ./SoS_decision_Clarke_Joanne.pdf-mindful of the harmful effect her behaviour has had on Pupil A and have decided that a ./SoS_decision_Clarke_Joanne.pdf-review period of 5 years is both appropriate and proportionate in this case. ./SoS_decision_Clarke_Joanne.pdf- ./SoS_decision_Clarke_Joanne.pdf-This means that Ms Joanne Laura Clarke is prohibited from teaching indefinitely ./SoS_decision_Clarke_Joanne.pdf-and cannot teach in any school, sixth form college, relevant youth accommodation ./SoS_decision_Clarke_Joanne.pdf-or children’s home in England. She may apply for the prohibition order to be set aside, ./SoS_decision_Clarke_Joanne.pdf-but not until 20 April 2020, 5 years from the date of this order at the earliest. This is not ./SoS_decision_for_Jennifer_Arding_and_Charlotte_Bradley.pdf-3. Her conduct as may be found proven at allegation 2 above lacked integrity and/or ./SoS_decision_for_Jennifer_Arding_and_Charlotte_Bradley.pdf- was dishonest. ./SoS_decision_for_Jennifer_Arding_and_Charlotte_Bradley.pdf- ./SoS_decision_for_Jennifer_Arding_and_Charlotte_Bradley.pdf-4. Her conduct as may be found proven at allegation 1 above was conduct of a ./SoS_decision_for_Jennifer_Arding_and_Charlotte_Bradley.pdf: sexual nature and/or was sexually motivated. ./SoS_decision_for_Jennifer_Arding_and_Charlotte_Bradley.pdf- ./SoS_decision_for_Jennifer_Arding_and_Charlotte_Bradley.pdf-Ms Arding admitted allegations 1(a), 1(b), 1(d), 1(e), 2(a) to 2(d) and 3. Ms Arding further ./SoS_decision_for_Jennifer_Arding_and_Charlotte_Bradley.pdf-admitted that her conduct in relation to these admitted allegations amounted to ./SoS_decision_for_Jennifer_Arding_and_Charlotte_Bradley.pdf-unacceptable professional conduct and conduct that may bring the profession into ./SoS_decision_for_Jennifer_Arding_and_Charlotte_Bradley.pdf-disrepute. ./SoS_decision_for_Jennifer_Arding_and_Charlotte_Bradley.pdf- ./SoS_decision_for_Jennifer_Arding_and_Charlotte_Bradley.pdf-Ms Arding denied allegations 1(c) and 4 and that her conduct in relation to these ./SoS_decision_for_Jennifer_Arding_and_Charlotte_Bradley.pdf-allegations amounted to unacceptable professional conduct and/or conduct that may ./SoS_decision_for_Jennifer_Arding_and_Charlotte_Bradley.pdf-bring the profession into disrepute. ./SoS_decision_for_Jennifer_Arding_and_Charlotte_Bradley.pdf- -- ./SoS_decision_for_Jennifer_Arding_and_Charlotte_Bradley.pdf-The panel therefore found allegation 3 proven in relation to Ms Arding's conduct in ./SoS_decision_for_Jennifer_Arding_and_Charlotte_Bradley.pdf-allegations 2(a), 2(b), 2(c), 2(d)(a) and 2(d)(b). ./SoS_decision_for_Jennifer_Arding_and_Charlotte_Bradley.pdf- ./SoS_decision_for_Jennifer_Arding_and_Charlotte_Bradley.pdf-4. Your conduct as may be found proven at allegation 1 above was conduct of ./SoS_decision_for_Jennifer_Arding_and_Charlotte_Bradley.pdf: a sexual nature and/or was sexually motivated. ./SoS_decision_for_Jennifer_Arding_and_Charlotte_Bradley.pdf- ./SoS_decision_for_Jennifer_Arding_and_Charlotte_Bradley.pdf-Having found the facts of allegations 1(a), 1(b), 1(d) and 1(e) proven the panel went on to ./SoS_decision_for_Jennifer_Arding_and_Charlotte_Bradley.pdf:consider whether Ms Arding's conduct in relation to those allegations was of a sexual ./SoS_decision_for_Jennifer_Arding_and_Charlotte_Bradley.pdf:nature and/or sexually motivated. ./SoS_decision_for_Jennifer_Arding_and_Charlotte_Bradley.pdf- ./SoS_decision_for_Jennifer_Arding_and_Charlotte_Bradley.pdf-On behalf of the TRA it was submitted that, certainly in relation to allegation 1(a), both of ./SoS_decision_for_Jennifer_Arding_and_Charlotte_Bradley.pdf-these limbs were established, in particular on the basis of: ./SoS_decision_for_Jennifer_Arding_and_Charlotte_Bradley.pdf- ./SoS_decision_for_Jennifer_Arding_and_Charlotte_Bradley.pdf- the nature of the act of kissing; ./SoS_decision_for_Jennifer_Arding_and_Charlotte_Bradley.pdf- ./SoS_decision_for_Jennifer_Arding_and_Charlotte_Bradley.pdf- the fact that it happened, in all likelihood, at least twice; ./SoS_decision_for_Jennifer_Arding_and_Charlotte_Bradley.pdf- ./SoS_decision_for_Jennifer_Arding_and_Charlotte_Bradley.pdf- the hearsay account of Pupil B, which referred to Pupil A and Ms Arding "in a firm ./SoS_decision_for_Jennifer_Arding_and_Charlotte_Bradley.pdf- embrace and kissing passionately", stated that this lasted "for a few minutes" and ./SoS_decision_for_Jennifer_Arding_and_Charlotte_Bradley.pdf- referred to how "their arms were wrapped around each other … and were full on ./SoS_decision_for_Jennifer_Arding_and_Charlotte_Bradley.pdf- kissing"; ./SoS_decision_for_Jennifer_Arding_and_Charlotte_Bradley.pdf- ./SoS_decision_for_Jennifer_Arding_and_Charlotte_Bradley.pdf- the hearsay account of Pupil X; and ./SoS_decision_for_Jennifer_Arding_and_Charlotte_Bradley.pdf- ./SoS_decision_for_Jennifer_Arding_and_Charlotte_Bradley.pdf- the nature of the video recording shown to the panel. ./SoS_decision_for_Jennifer_Arding_and_Charlotte_Bradley.pdf- ./SoS_decision_for_Jennifer_Arding_and_Charlotte_Bradley.pdf:Ms Arding denied that her conduct was of a sexual nature in any respect or that it was ./SoS_decision_for_Jennifer_Arding_and_Charlotte_Bradley.pdf:sexually motivated. ./SoS_decision_for_Jennifer_Arding_and_Charlotte_Bradley.pdf- ./SoS_decision_for_Jennifer_Arding_and_Charlotte_Bradley.pdf-Ms Arding provided the following account: ./SoS_decision_for_Jennifer_Arding_and_Charlotte_Bradley.pdf- ./SoS_decision_for_Jennifer_Arding_and_Charlotte_Bradley.pdf- "Although Pupil A and I shared a kiss, it was not my intention for this to happen. It ./SoS_decision_for_Jennifer_Arding_and_Charlotte_Bradley.pdf- is clear from talking to others who were present on the night that Pupil A instigated ./SoS_decision_for_Jennifer_Arding_and_Charlotte_Bradley.pdf- the kiss and was attempting to kiss others present that evening. As I had ./SoS_decision_for_Jennifer_Arding_and_Charlotte_Bradley.pdf- consumed some alcohol on the night, I did not successfully stop this from ./SoS_decision_for_Jennifer_Arding_and_Charlotte_Bradley.pdf- happening ….. Had I been in a clear state of mind this would never have ./SoS_decision_for_Jennifer_Arding_and_Charlotte_Bradley.pdf- happened. It is not something I wanted to happen or remember happening …." ./SoS_decision_for_Jennifer_Arding_and_Charlotte_Bradley.pdf- ./SoS_decision_for_Jennifer_Arding_and_Charlotte_Bradley.pdf-On her behalf it was submitted that, in the absence of pre-meditation on the part of Ms ./SoS_decision_for_Jennifer_Arding_and_Charlotte_Bradley.pdf:Arding, the conduct could not be described as being of a sexual nature. ./SoS_decision_for_Jennifer_Arding_and_Charlotte_Bradley.pdf- ./SoS_decision_for_Jennifer_Arding_and_Charlotte_Bradley.pdf-However, given the various accounts of the incident or incidents, the panel did not accept ./SoS_decision_for_Jennifer_Arding_and_Charlotte_Bradley.pdf-this submission. ./SoS_decision_for_Jennifer_Arding_and_Charlotte_Bradley.pdf- ./SoS_decision_for_Jennifer_Arding_and_Charlotte_Bradley.pdf-Kissing of the kind described in this instance could only properly be described as being of ./SoS_decision_for_Jennifer_Arding_and_Charlotte_Bradley.pdf:a sexual nature. Given the specific circumstances, the panel concluded that Ms Arding's ./SoS_decision_for_Jennifer_Arding_and_Charlotte_Bradley.pdf:conduct in relation to allegation 1(a) was, therefore, of a sexual nature. ./SoS_decision_for_Jennifer_Arding_and_Charlotte_Bradley.pdf- ./SoS_decision_for_Jennifer_Arding_and_Charlotte_Bradley.pdf- 28 ./SoS_decision_for_Jennifer_Arding_and_Charlotte_Bradley.pdf- -- ./SoS_decision_for_Jennifer_Arding_and_Charlotte_Bradley.pdf-However, the panel did not consider that Ms Arding's conduct in relation to allegations ./SoS_decision_for_Jennifer_Arding_and_Charlotte_Bradley.pdf:1(b), (d) and (e) was of a sexual nature. ./SoS_decision_for_Jennifer_Arding_and_Charlotte_Bradley.pdf- ./SoS_decision_for_Jennifer_Arding_and_Charlotte_Bradley.pdf-In relation to allegation 1(b), Ms Arding stated that, whilst she had no recollection of ./SoS_decision_for_Jennifer_Arding_and_Charlotte_Bradley.pdf-events, she did not believe that there would have been any intention to invite Pupil A into ./SoS_decision_for_Jennifer_Arding_and_Charlotte_Bradley.pdf-Mrs Bradley's property [Redacted]. ./SoS_decision_for_Jennifer_Arding_and_Charlotte_Bradley.pdf- ./SoS_decision_for_Jennifer_Arding_and_Charlotte_Bradley.pdf-The panel accepted this. ./SoS_decision_for_Jennifer_Arding_and_Charlotte_Bradley.pdf- ./SoS_decision_for_Jennifer_Arding_and_Charlotte_Bradley.pdf-The panel also accepted that, in relation to allegations 1(b), (d) and (e), there was no ./SoS_decision_for_Jennifer_Arding_and_Charlotte_Bradley.pdf:evidence to support the contention that Ms Arding's conduct was sexually motivated. ./SoS_decision_for_Jennifer_Arding_and_Charlotte_Bradley.pdf-Whilst this allegation was not expressly withdrawn, it was not pursued with any vigour on ./SoS_decision_for_Jennifer_Arding_and_Charlotte_Bradley.pdf-behalf of the TRA. ./SoS_decision_for_Jennifer_Arding_and_Charlotte_Bradley.pdf- ./SoS_decision_for_Jennifer_Arding_and_Charlotte_Bradley.pdf:In relation to allegation 1(a) and whether Ms Arding's conduct was sexually motivated, ./SoS_decision_for_Jennifer_Arding_and_Charlotte_Bradley.pdf-her position was that: ./SoS_decision_for_Jennifer_Arding_and_Charlotte_Bradley.pdf- ./SoS_decision_for_Jennifer_Arding_and_Charlotte_Bradley.pdf- "The kiss that occurred … was a spontaneous moment of stupidity. There was no ./SoS_decision_for_Jennifer_Arding_and_Charlotte_Bradley.pdf- build up to it. At no point had I contacted this student and given him any ./SoS_decision_for_Jennifer_Arding_and_Charlotte_Bradley.pdf- impression that I wanted this to happen. From my perspective there never would ./SoS_decision_for_Jennifer_Arding_and_Charlotte_Bradley.pdf- have been any further contact of this nature." ./SoS_decision_for_Jennifer_Arding_and_Charlotte_Bradley.pdf- ./SoS_decision_for_Jennifer_Arding_and_Charlotte_Bradley.pdf-However, in cross-examination, Ms Arding accepted that she did not reject Pupil A's ./SoS_decision_for_Jennifer_Arding_and_Charlotte_Bradley.pdf:advances and that kissing was, in general terms, a sexual act in terms of how it might ./SoS_decision_for_Jennifer_Arding_and_Charlotte_Bradley.pdf-have been perceived by others. ./SoS_decision_for_Jennifer_Arding_and_Charlotte_Bradley.pdf- ./SoS_decision_for_Jennifer_Arding_and_Charlotte_Bradley.pdf-Having carefully considered the parties' submissions and all of the evidence in relation to ./SoS_decision_for_Jennifer_Arding_and_Charlotte_Bradley.pdf-this allegation, the panel was not persuaded that the TRA had proven to the requisite ./SoS_decision_for_Jennifer_Arding_and_Charlotte_Bradley.pdf:standard that Ms Arding's conduct in kissing Pupil A was sexually motivated. ./SoS_decision_for_Jennifer_Arding_and_Charlotte_Bradley.pdf- ./SoS_decision_for_Jennifer_Arding_and_Charlotte_Bradley.pdf-The panel concluded that: ./SoS_decision_for_Jennifer_Arding_and_Charlotte_Bradley.pdf- ./SoS_decision_for_Jennifer_Arding_and_Charlotte_Bradley.pdf- Ms Arding was clearly intoxicated and the panel was persuaded that she was not ./SoS_decision_for_Jennifer_Arding_and_Charlotte_Bradley.pdf- properly in control. Whilst she remained responsible for her actions, this negated a ./SoS_decision_for_Jennifer_Arding_and_Charlotte_Bradley.pdf: sexual motive. ./SoS_decision_for_Jennifer_Arding_and_Charlotte_Bradley.pdf- ./SoS_decision_for_Jennifer_Arding_and_Charlotte_Bradley.pdf- There was no evidence that Ms Arding had a particular interest in Pupil A and it ./SoS_decision_for_Jennifer_Arding_and_Charlotte_Bradley.pdf- appeared nothing happened over and above the kissing in the Nightclub. ./SoS_decision_for_Jennifer_Arding_and_Charlotte_Bradley.pdf- ./SoS_decision_for_Jennifer_Arding_and_Charlotte_Bradley.pdf- There was no pre-planning or pre-meditation. There was no evidence of any ./SoS_decision_for_Jennifer_Arding_and_Charlotte_Bradley.pdf- flirtatious behaviour on the part of either party in advance of their kissing. ./SoS_decision_for_Jennifer_Arding_and_Charlotte_Bradley.pdf- ./SoS_decision_for_Jennifer_Arding_and_Charlotte_Bradley.pdf- It therefore concluded that Ms Arding's actions were not done either in pursuit of ./SoS_decision_for_Jennifer_Arding_and_Charlotte_Bradley.pdf: sexual gratification or in pursuit of a future sexual relationship. ./SoS_decision_for_Jennifer_Arding_and_Charlotte_Bradley.pdf- ./SoS_decision_for_Jennifer_Arding_and_Charlotte_Bradley.pdf- On that basis and for the above reasons, the panel finds allegation 4 proven only in ./SoS_decision_for_Jennifer_Arding_and_Charlotte_Bradley.pdf: relation to allegation 1(a) being conduct of a sexual nature. ./SoS_decision_for_Jennifer_Arding_and_Charlotte_Bradley.pdf- ./SoS_decision_for_Jennifer_Arding_and_Charlotte_Bradley.pdf- 29 ./SoS_decision_for_Jennifer_Arding_and_Charlotte_Bradley.pdf- -- ./SoS_decision_for_Jennifer_Arding_and_Charlotte_Bradley.pdf- Teachers must have an understanding of, and always act within, the statutory ./SoS_decision_for_Jennifer_Arding_and_Charlotte_Bradley.pdf- frameworks which set out their professional duties and responsibilities. ./SoS_decision_for_Jennifer_Arding_and_Charlotte_Bradley.pdf-The panel also considered whether Ms Arding's conduct displayed behaviours associated ./SoS_decision_for_Jennifer_Arding_and_Charlotte_Bradley.pdf-with any of the offences listed on pages 10 and 11 of the Advice. ./SoS_decision_for_Jennifer_Arding_and_Charlotte_Bradley.pdf- ./SoS_decision_for_Jennifer_Arding_and_Charlotte_Bradley.pdf-The panel found that none of these offences was relevant. ./SoS_decision_for_Jennifer_Arding_and_Charlotte_Bradley.pdf- ./SoS_decision_for_Jennifer_Arding_and_Charlotte_Bradley.pdf-The panel was satisfied that the conduct of Ms Arding amounted to misconduct of a ./SoS_decision_for_Jennifer_Arding_and_Charlotte_Bradley.pdf-serious nature which fell significantly short of the standards expected of the profession, ./SoS_decision_for_Jennifer_Arding_and_Charlotte_Bradley.pdf-which she accepted. The panel's findings were serious and included a failure to maintain ./SoS_decision_for_Jennifer_Arding_and_Charlotte_Bradley.pdf:professional boundaries, a lack of integrity, dishonesty and conduct of a sexual nature ./SoS_decision_for_Jennifer_Arding_and_Charlotte_Bradley.pdf-with an 18 year-old pupil. ./SoS_decision_for_Jennifer_Arding_and_Charlotte_Bradley.pdf- ./SoS_decision_for_Jennifer_Arding_and_Charlotte_Bradley.pdf-The panel noted that some of the allegations took place outside of the education setting. ./SoS_decision_for_Jennifer_Arding_and_Charlotte_Bradley.pdf-However, the conduct concerned pupils and former pupils of the School such that Ms ./SoS_decision_for_Jennifer_Arding_and_Charlotte_Bradley.pdf-Arding's conduct did relate to her practice as a teacher. ./SoS_decision_for_Jennifer_Arding_and_Charlotte_Bradley.pdf- ./SoS_decision_for_Jennifer_Arding_and_Charlotte_Bradley.pdf-Accordingly, the panel was satisfied that Ms Arding was guilty of unacceptable ./SoS_decision_for_Jennifer_Arding_and_Charlotte_Bradley.pdf-professional conduct. ./SoS_decision_for_Jennifer_Arding_and_Charlotte_Bradley.pdf- ./SoS_decision_for_Jennifer_Arding_and_Charlotte_Bradley.pdf-In relation to whether Ms Arding's conduct may bring the profession into disrepute, the -- ./SoS_decision_for_Jennifer_Arding_and_Charlotte_Bradley.pdf-In considering whether to recommend to the Secretary of State that a prohibition order ./SoS_decision_for_Jennifer_Arding_and_Charlotte_Bradley.pdf-should be made, the panel considered whether it was an appropriate and proportionate ./SoS_decision_for_Jennifer_Arding_and_Charlotte_Bradley.pdf-measure, and whether it was in the public interest to do so. Prohibition orders should not ./SoS_decision_for_Jennifer_Arding_and_Charlotte_Bradley.pdf-be given in order to be punitive, or to show that blame has been apportioned, although ./SoS_decision_for_Jennifer_Arding_and_Charlotte_Bradley.pdf-they are likely to have punitive effect. ./SoS_decision_for_Jennifer_Arding_and_Charlotte_Bradley.pdf- ./SoS_decision_for_Jennifer_Arding_and_Charlotte_Bradley.pdf-The panel noted the particular public interest considerations set out in the Advice and ./SoS_decision_for_Jennifer_Arding_and_Charlotte_Bradley.pdf-having done so found a number of them to be relevant in this case. ./SoS_decision_for_Jennifer_Arding_and_Charlotte_Bradley.pdf- ./SoS_decision_for_Jennifer_Arding_and_Charlotte_Bradley.pdf-In light of the panel’s findings against Ms Arding, which involved a failure to maintain ./SoS_decision_for_Jennifer_Arding_and_Charlotte_Bradley.pdf:professional boundaries, a lack of integrity, dishonesty and conduct of a sexual nature ./SoS_decision_for_Jennifer_Arding_and_Charlotte_Bradley.pdf-with an 18 year-old pupil, there was a public interest consideration in respect of the ./SoS_decision_for_Jennifer_Arding_and_Charlotte_Bradley.pdf-protection of pupils and other members of the public. However, in the particular ./SoS_decision_for_Jennifer_Arding_and_Charlotte_Bradley.pdf-circumstances of this case the panel determined that the risk of repetition was low. On ./SoS_decision_for_Jennifer_Arding_and_Charlotte_Bradley.pdf-this basis, the panel concluded that this was not a strong public interest consideration in ./SoS_decision_for_Jennifer_Arding_and_Charlotte_Bradley.pdf-this case. ./SoS_decision_for_Jennifer_Arding_and_Charlotte_Bradley.pdf- ./SoS_decision_for_Jennifer_Arding_and_Charlotte_Bradley.pdf-However, the panel did consider that public confidence in the profession could be ./SoS_decision_for_Jennifer_Arding_and_Charlotte_Bradley.pdf-seriously weakened if conduct such as that found against Ms Arding were not treated ./SoS_decision_for_Jennifer_Arding_and_Charlotte_Bradley.pdf-with the utmost seriousness when regulating the conduct of the profession. ./SoS_decision_for_Jennifer_Arding_and_Charlotte_Bradley.pdf- -- ./SoS_decision_for_Jennifer_Arding_and_Charlotte_Bradley.pdf-considerations both in favour of and against prohibition as well as the interests of Ms ./SoS_decision_for_Jennifer_Arding_and_Charlotte_Bradley.pdf-Arding. ./SoS_decision_for_Jennifer_Arding_and_Charlotte_Bradley.pdf- ./SoS_decision_for_Jennifer_Arding_and_Charlotte_Bradley.pdf-The panel took further account of the Advice, which suggests that a prohibition order may ./SoS_decision_for_Jennifer_Arding_and_Charlotte_Bradley.pdf-be appropriate if certain behaviours of a teacher have been proven. In the list of such ./SoS_decision_for_Jennifer_Arding_and_Charlotte_Bradley.pdf-behaviours, those that were relevant in this case were: ./SoS_decision_for_Jennifer_Arding_and_Charlotte_Bradley.pdf- ./SoS_decision_for_Jennifer_Arding_and_Charlotte_Bradley.pdf- serious departure from the personal and professional conduct elements of the ./SoS_decision_for_Jennifer_Arding_and_Charlotte_Bradley.pdf- Teachers’ Standards; ./SoS_decision_for_Jennifer_Arding_and_Charlotte_Bradley.pdf- dishonesty; and ./SoS_decision_for_Jennifer_Arding_and_Charlotte_Bradley.pdf: actions that were of a sexual nature. ./SoS_decision_for_Jennifer_Arding_and_Charlotte_Bradley.pdf-Even though there were behaviours that would point to the appropriateness of a ./SoS_decision_for_Jennifer_Arding_and_Charlotte_Bradley.pdf-prohibition order, the panel considered whether or not there were sufficient mitigating ./SoS_decision_for_Jennifer_Arding_and_Charlotte_Bradley.pdf-factors to militate against the appropriateness and proportionality of a prohibition order, ./SoS_decision_for_Jennifer_Arding_and_Charlotte_Bradley.pdf-particularly taking into account the nature and severity of the behaviour in this case. ./SoS_decision_for_Jennifer_Arding_and_Charlotte_Bradley.pdf- ./SoS_decision_for_Jennifer_Arding_and_Charlotte_Bradley.pdf-In light of the panel’s findings, it considered that the following mitigating factors were ./SoS_decision_for_Jennifer_Arding_and_Charlotte_Bradley.pdf-present in this case: ./SoS_decision_for_Jennifer_Arding_and_Charlotte_Bradley.pdf- ./SoS_decision_for_Jennifer_Arding_and_Charlotte_Bradley.pdf- Ms Arding had an otherwise unblemished record. There was no evidence that Ms ./SoS_decision_for_Jennifer_Arding_and_Charlotte_Bradley.pdf- Arding had been subject to any previous regulatory or disciplinary proceedings. -- ./SoS_decision_for_Jennifer_Arding_and_Charlotte_Bradley.pdf- ./SoS_decision_for_Jennifer_Arding_and_Charlotte_Bradley.pdf- In relation to her failure to report matters, she had an obligation to act ./SoS_decision_for_Jennifer_Arding_and_Charlotte_Bradley.pdf- appropriately and had ample opportunity to do so. ./SoS_decision_for_Jennifer_Arding_and_Charlotte_Bradley.pdf- ./SoS_decision_for_Jennifer_Arding_and_Charlotte_Bradley.pdf- She had an obligation to act as a role model and she failed in her duties in that ./SoS_decision_for_Jennifer_Arding_and_Charlotte_Bradley.pdf- regard. ./SoS_decision_for_Jennifer_Arding_and_Charlotte_Bradley.pdf- ./SoS_decision_for_Jennifer_Arding_and_Charlotte_Bradley.pdf- The panel concluded that Ms Arding had instructed a pupil to deny knowledge of ./SoS_decision_for_Jennifer_Arding_and_Charlotte_Bradley.pdf- events, which was a serious matter. ./SoS_decision_for_Jennifer_Arding_and_Charlotte_Bradley.pdf- ./SoS_decision_for_Jennifer_Arding_and_Charlotte_Bradley.pdf: She had engaged in conduct of a sexual nature with an 18 year-old pupil. ./SoS_decision_for_Jennifer_Arding_and_Charlotte_Bradley.pdf- ./SoS_decision_for_Jennifer_Arding_and_Charlotte_Bradley.pdf- Ms Arding's actions amounted to a clear breach of the Teachers' Standards. ./SoS_decision_for_Jennifer_Arding_and_Charlotte_Bradley.pdf- ./SoS_decision_for_Jennifer_Arding_and_Charlotte_Bradley.pdf-The panel was also invited to take account of medical evidence and the fact that Ms ./SoS_decision_for_Jennifer_Arding_and_Charlotte_Bradley.pdf-Arding had suffered and had personal difficulties since leaving the School. It was not ./SoS_decision_for_Jennifer_Arding_and_Charlotte_Bradley.pdf-suggested that this had any impact in relation to her actions or lessened the seriousness ./SoS_decision_for_Jennifer_Arding_and_Charlotte_Bradley.pdf-of her conduct; however, the panel did accept that events had severely impacted upon ./SoS_decision_for_Jennifer_Arding_and_Charlotte_Bradley.pdf-Ms Arding. ./SoS_decision_for_Jennifer_Arding_and_Charlotte_Bradley.pdf- ./SoS_decision_for_Jennifer_Arding_and_Charlotte_Bradley.pdf-The panel first considered whether it would be proportionate to conclude this case with -- ./SoS_decision_for_Jennifer_Arding_and_Charlotte_Bradley.pdf-the ordinary intelligent citizen, recommending no prohibition order would not be a ./SoS_decision_for_Jennifer_Arding_and_Charlotte_Bradley.pdf-proportionate and appropriate response. Recommending that the publication of adverse ./SoS_decision_for_Jennifer_Arding_and_Charlotte_Bradley.pdf-findings would be sufficient in this case would unacceptably compromise the public ./SoS_decision_for_Jennifer_Arding_and_Charlotte_Bradley.pdf-interest considerations present, despite the severity of consequences for Ms Arding of ./SoS_decision_for_Jennifer_Arding_and_Charlotte_Bradley.pdf-prohibition. ./SoS_decision_for_Jennifer_Arding_and_Charlotte_Bradley.pdf- ./SoS_decision_for_Jennifer_Arding_and_Charlotte_Bradley.pdf-The panel was of the view that prohibition would be both proportionate and appropriate. ./SoS_decision_for_Jennifer_Arding_and_Charlotte_Bradley.pdf-The panel decided that the public interest considerations outweighed the interests of Ms ./SoS_decision_for_Jennifer_Arding_and_Charlotte_Bradley.pdf-Arding. The panel's findings in relation to Ms Arding's dishonesty and lack of integrity ./SoS_decision_for_Jennifer_Arding_and_Charlotte_Bradley.pdf-were a significant factor in forming that opinion. She had also engaged in an act of a ./SoS_decision_for_Jennifer_Arding_and_Charlotte_Bradley.pdf:sexual nature with a pupil. Whilst she was intoxicated at the time, she remained ./SoS_decision_for_Jennifer_Arding_and_Charlotte_Bradley.pdf- ./SoS_decision_for_Jennifer_Arding_and_Charlotte_Bradley.pdf- ./SoS_decision_for_Jennifer_Arding_and_Charlotte_Bradley.pdf- 42 ./SoS_decision_for_Jennifer_Arding_and_Charlotte_Bradley.pdf- -- ./SoS_decision_for_Jennifer_Arding_and_Charlotte_Bradley.pdf- ./SoS_decision_for_Jennifer_Arding_and_Charlotte_Bradley.pdf-The panel went on to consider whether or not it would be appropriate to decide to ./SoS_decision_for_Jennifer_Arding_and_Charlotte_Bradley.pdf-recommend that a review period of the order should be considered. The panel was ./SoS_decision_for_Jennifer_Arding_and_Charlotte_Bradley.pdf-mindful that the Advice states that a prohibition order applies for life, but there may be ./SoS_decision_for_Jennifer_Arding_and_Charlotte_Bradley.pdf-circumstances in any given case that may make it appropriate to allow a teacher to apply ./SoS_decision_for_Jennifer_Arding_and_Charlotte_Bradley.pdf-to have the prohibition order reviewed after a specified period of time that may not be ./SoS_decision_for_Jennifer_Arding_and_Charlotte_Bradley.pdf-less than 2 years. ./SoS_decision_for_Jennifer_Arding_and_Charlotte_Bradley.pdf- ./SoS_decision_for_Jennifer_Arding_and_Charlotte_Bradley.pdf-The Advice indicates that there are behaviours that, if proven, would militate against the ./SoS_decision_for_Jennifer_Arding_and_Charlotte_Bradley.pdf-recommendation of a review period. These behaviours include serious dishonesty and ./SoS_decision_for_Jennifer_Arding_and_Charlotte_Bradley.pdf:serious sexual misconduct. In the circumstances of this case, the panel did not consider ./SoS_decision_for_Jennifer_Arding_and_Charlotte_Bradley.pdf-that Ms Arding's conduct could properly be categorised as serious dishonesty or serious ./SoS_decision_for_Jennifer_Arding_and_Charlotte_Bradley.pdf:sexual misconduct. ./SoS_decision_for_Jennifer_Arding_and_Charlotte_Bradley.pdf- ./SoS_decision_for_Jennifer_Arding_and_Charlotte_Bradley.pdf-Having considered the mitigating features set out above, the panel concluded that its ./SoS_decision_for_Jennifer_Arding_and_Charlotte_Bradley.pdf-findings indicated a situation in which a review period would be appropriate and as such ./SoS_decision_for_Jennifer_Arding_and_Charlotte_Bradley.pdf-decided that it would be proportionate in all the circumstances for the prohibition order to ./SoS_decision_for_Jennifer_Arding_and_Charlotte_Bradley.pdf-be recommended with provisions for a review period. ./SoS_decision_for_Jennifer_Arding_and_Charlotte_Bradley.pdf- ./SoS_decision_for_Jennifer_Arding_and_Charlotte_Bradley.pdf-Ms Arding had been severely punished for her conduct and it was clear that her actions ./SoS_decision_for_Jennifer_Arding_and_Charlotte_Bradley.pdf-continue to impact upon her. She had shown clear regret and remorse and insight into ./SoS_decision_for_Jennifer_Arding_and_Charlotte_Bradley.pdf-the consequences of her actions. Ms Arding was emotional and had clearly ./SoS_decision_for_Jennifer_Arding_and_Charlotte_Bradley.pdf-demonstrated that she understood she had let herself and the profession down. She -- ./SoS_decision_for_Jennifer_Arding_and_Charlotte_Bradley.pdf-pupil to deny knowledge of events, which was a serious matter and had engaged in ./SoS_decision_for_Jennifer_Arding_and_Charlotte_Bradley.pdf:conduct of a sexual nature with an 18 year-old pupil.” ./SoS_decision_for_Jennifer_Arding_and_Charlotte_Bradley.pdf- ./SoS_decision_for_Jennifer_Arding_and_Charlotte_Bradley.pdf-A prohibition order would therefore prevent such a risk from being present in the future. I ./SoS_decision_for_Jennifer_Arding_and_Charlotte_Bradley.pdf-have also taken into account the panel’s comments on insight and remorse, which the ./SoS_decision_for_Jennifer_Arding_and_Charlotte_Bradley.pdf-panel sets out as follows, “She had shown clear regret and remorse and insight into the ./SoS_decision_for_Jennifer_Arding_and_Charlotte_Bradley.pdf-consequences of her actions. Ms Arding was emotional and had clearly demonstrated ./SoS_decision_for_Jennifer_Arding_and_Charlotte_Bradley.pdf-that she understood she had let herself and the profession down. She showed a ./SoS_decision_for_Jennifer_Arding_and_Charlotte_Bradley.pdf-longstanding passion for teaching and the panel considered that she would add ./SoS_decision_for_Jennifer_Arding_and_Charlotte_Bradley.pdf-considerably to any school she may eventually work in.” ./SoS_decision_for_Jennifer_Arding_and_Charlotte_Bradley.pdf- ./SoS_decision_for_Jennifer_Arding_and_Charlotte_Bradley.pdf-I have gone on to consider the extent to which a prohibition order would maintain public ./SoS_decision_for_Jennifer_Arding_and_Charlotte_Bradley.pdf-confidence in the profession. The panel observe that it, “took into account the way the ./SoS_decision_for_Jennifer_Arding_and_Charlotte_Bradley.pdf-teaching profession is viewed by others and considered the influence that teachers may ./SoS_decision_for_Jennifer_Arding_and_Charlotte_Bradley.pdf-have on pupils, parents and others in the community. The panel took account of the ./SoS_decision_for_Jennifer_Arding_and_Charlotte_Bradley.pdf-uniquely influential role that teachers can hold in pupils’ lives and that pupils must be able ./SoS_decision_for_Jennifer_Arding_and_Charlotte_Bradley.pdf-to view teachers as role models in the way they behave. The findings of misconduct were ./SoS_decision_for_Jennifer_Arding_and_Charlotte_Bradley.pdf-serious and the conduct displayed would likely have a negative impact on the individual’s ./SoS_decision_for_Jennifer_Arding_and_Charlotte_Bradley.pdf-status as a teacher, potentially damaging the public perception.” ./SoS_decision_for_Jennifer_Arding_and_Charlotte_Bradley.pdf- ./SoS_decision_for_Jennifer_Arding_and_Charlotte_Bradley.pdf:I am particularly mindful of the finding of dishonesty and lack of integrity and sexual ./SoS_decision_for_Jennifer_Arding_and_Charlotte_Bradley.pdf-misconduct in this case and the impact that such a finding has on the reputation of the ./SoS_decision_for_Jennifer_Arding_and_Charlotte_Bradley.pdf-profession. ./SoS_decision_for_Jennifer_Arding_and_Charlotte_Bradley.pdf- ./SoS_decision_for_Jennifer_Arding_and_Charlotte_Bradley.pdf-I have had to consider that the public has a high expectation of professional standards of ./SoS_decision_for_Jennifer_Arding_and_Charlotte_Bradley.pdf-all teachers and that the public might regard a failure to impose a prohibition order as a ./SoS_decision_for_Jennifer_Arding_and_Charlotte_Bradley.pdf-failure to uphold those high standards. In weighing these considerations, I have had to ./SoS_decision_for_Jennifer_Arding_and_Charlotte_Bradley.pdf-consider the matter from the point of view of an “ordinary intelligent and well-informed ./SoS_decision_for_Jennifer_Arding_and_Charlotte_Bradley.pdf-citizen.” ./SoS_decision_for_Jennifer_Arding_and_Charlotte_Bradley.pdf- ./SoS_decision_for_Jennifer_Arding_and_Charlotte_Bradley.pdf-I have considered whether the publication of a finding of unacceptable professional -- ./SoS_decision_for_Jennifer_Arding_and_Charlotte_Bradley.pdf-In this case, I have placed considerable weight on the panel’s comments concerning its ./SoS_decision_for_Jennifer_Arding_and_Charlotte_Bradley.pdf-“findings in relation to Ms Arding's dishonesty and lack of integrity…. And that she had ./SoS_decision_for_Jennifer_Arding_and_Charlotte_Bradley.pdf:also engaged in an act of a sexual nature with a pupil.” I have noted that the panel did ./SoS_decision_for_Jennifer_Arding_and_Charlotte_Bradley.pdf:not consider that either the dishonesty or sexual misconduct were of the most “serious” ./SoS_decision_for_Jennifer_Arding_and_Charlotte_Bradley.pdf-type. ./SoS_decision_for_Jennifer_Arding_and_Charlotte_Bradley.pdf- ./SoS_decision_for_Jennifer_Arding_and_Charlotte_Bradley.pdf-I have given less weight in my consideration of sanction therefore, to the contribution that ./SoS_decision_for_Jennifer_Arding_and_Charlotte_Bradley.pdf-Ms Arding has made to the profession. In my view, it is nonetheless necessary to impose ./SoS_decision_for_Jennifer_Arding_and_Charlotte_Bradley.pdf-a prohibition order in order to maintain public confidence in the profession. ./SoS_decision_for_Jennifer_Arding_and_Charlotte_Bradley.pdf- ./SoS_decision_for_Jennifer_Arding_and_Charlotte_Bradley.pdf-For these reasons, I have concluded that a prohibition order is proportionate and in the ./SoS_decision_for_Jennifer_Arding_and_Charlotte_Bradley.pdf-public interest in order to achieve the intended aims of a prohibition order. ./SoS_decision_for_Jennifer_Arding_and_Charlotte_Bradley.pdf- ./SoS_decision_for_Jennifer_Arding_and_Charlotte_Bradley.pdf-I have gone on to consider the matter of a review period. In this case, the panel has ./SoS_Decision_for_Mr_David_Coleman_R.pdf- c. permitted one or more pupils to follow his social media account. ./SoS_Decision_for_Mr_David_Coleman_R.pdf- ./SoS_Decision_for_Mr_David_Coleman_R.pdf-3. His conduct at 1 and/or 2 above: ./SoS_Decision_for_Mr_David_Coleman_R.pdf- ./SoS_Decision_for_Mr_David_Coleman_R.pdf- a. failed to observe a proper boundary appropriate to a teacher’s professional ./SoS_Decision_for_Mr_David_Coleman_R.pdf- position; ./SoS_Decision_for_Mr_David_Coleman_R.pdf- ./SoS_Decision_for_Mr_David_Coleman_R.pdf- b. failed to adhere to management advice issued on or around 13 March ./SoS_Decision_for_Mr_David_Coleman_R.pdf- 2019; ./SoS_Decision_for_Mr_David_Coleman_R.pdf- ./SoS_Decision_for_Mr_David_Coleman_R.pdf:4. His conduct at 1 a. and/or 1 b. and/or 2 above was sexually motivated in that it ./SoS_Decision_for_Mr_David_Coleman_R.pdf: was in pursuit of sexual gratification and/or a future sexual relationship. ./SoS_Decision_for_Mr_David_Coleman_R.pdf- ./SoS_Decision_for_Mr_David_Coleman_R.pdf-Mr Coleman admitted the facts of allegations 1(a)(i) to (iv), 1(b), 1(c), 2(a), 2(c), 3(a) and ./SoS_Decision_for_Mr_David_Coleman_R.pdf-3(b). ./SoS_Decision_for_Mr_David_Coleman_R.pdf- ./SoS_Decision_for_Mr_David_Coleman_R.pdf-The remaining allegations were denied. ./SoS_Decision_for_Mr_David_Coleman_R.pdf- ./SoS_Decision_for_Mr_David_Coleman_R.pdf-Mr Coleman also denied that his conduct, in any respect, amounted to unacceptable ./SoS_Decision_for_Mr_David_Coleman_R.pdf-professional conduct and/or conduct that may bring the profession into disrepute. ./SoS_Decision_for_Mr_David_Coleman_R.pdf- ./SoS_Decision_for_Mr_David_Coleman_R.pdf- -- ./SoS_Decision_for_Mr_David_Coleman_R.pdf-Given the source and nature of this guidance, the panel considered it was tantamount to ./SoS_Decision_for_Mr_David_Coleman_R.pdf-management advice which Mr Coleman had a duty, as an employee of the School, to ./SoS_Decision_for_Mr_David_Coleman_R.pdf-adhere to. ./SoS_Decision_for_Mr_David_Coleman_R.pdf- ./SoS_Decision_for_Mr_David_Coleman_R.pdf-Further, the panel was satisfied that Mr Coleman had failed to adhere to this advice, ./SoS_Decision_for_Mr_David_Coleman_R.pdf-which he fully accepted, with reference to the panel's findings in allegation 2 but not ./SoS_Decision_for_Mr_David_Coleman_R.pdf-allegation 1. ./SoS_Decision_for_Mr_David_Coleman_R.pdf- ./SoS_Decision_for_Mr_David_Coleman_R.pdf-The panel therefore found allegation 3(b) proved on this basis. ./SoS_Decision_for_Mr_David_Coleman_R.pdf- ./SoS_Decision_for_Mr_David_Coleman_R.pdf:4. Your conduct at 1a. and/or 1 b. and/or 2 above was sexually motivated in ./SoS_Decision_for_Mr_David_Coleman_R.pdf: that it was in pursuit of sexual gratification and/or a future sexual ./SoS_Decision_for_Mr_David_Coleman_R.pdf- relationship. ./SoS_Decision_for_Mr_David_Coleman_R.pdf- ./SoS_Decision_for_Mr_David_Coleman_R.pdf-Having found the facts of allegations 1(a)(i) to (iv), 1(b), 1(c) and 2(a) to (c) proved, the ./SoS_Decision_for_Mr_David_Coleman_R.pdf:panel went on to consider whether Mr Coleman's conduct was sexually motivated. ./SoS_Decision_for_Mr_David_Coleman_R.pdf- ./SoS_Decision_for_Mr_David_Coleman_R.pdf-On the basis of his actions and in the context in which they occurred, the TRA submitted ./SoS_Decision_for_Mr_David_Coleman_R.pdf:that the appropriate inference to draw was that Mr Coleman's actions were sexually ./SoS_Decision_for_Mr_David_Coleman_R.pdf:motivated, in that they were in pursuit of a sexual relationship with the individuals in ./SoS_Decision_for_Mr_David_Coleman_R.pdf:question and/or for sexual gratification. ./SoS_Decision_for_Mr_David_Coleman_R.pdf- ./SoS_Decision_for_Mr_David_Coleman_R.pdf-It was submitted, for example, that Mr Coleman's actions should be viewed as flirting, ./SoS_Decision_for_Mr_David_Coleman_R.pdf-with the individuals in question, testing the waters and then, in the respects outlined, ./SoS_Decision_for_Mr_David_Coleman_R.pdf-pushing matters further. ./SoS_Decision_for_Mr_David_Coleman_R.pdf- ./SoS_Decision_for_Mr_David_Coleman_R.pdf-Reliance was placed upon the nature of the language used and the nature of Mr ./SoS_Decision_for_Mr_David_Coleman_R.pdf:Coleman's social media reactions, said to be indicative of a sexual attraction. It was ./SoS_Decision_for_Mr_David_Coleman_R.pdf-suggested that Mr Coleman's conduct was so significant a departure from accepted ./SoS_Decision_for_Mr_David_Coleman_R.pdf- ./SoS_Decision_for_Mr_David_Coleman_R.pdf- ./SoS_Decision_for_Mr_David_Coleman_R.pdf- 16 ./SoS_Decision_for_Mr_David_Coleman_R.pdf- -- ./SoS_Decision_for_Mr_David_Coleman_R.pdf-behaviour that he was improperly motivated. It was suggested that he took immediate ./SoS_Decision_for_Mr_David_Coleman_R.pdf:sexual pleasure in the specific actions in question as well as holding out for the prospect ./SoS_Decision_for_Mr_David_Coleman_R.pdf:of a sexual relationship. ./SoS_Decision_for_Mr_David_Coleman_R.pdf- ./SoS_Decision_for_Mr_David_Coleman_R.pdf:Mr Coleman denied that he was in any way sexually motivated towards any of these ./SoS_Decision_for_Mr_David_Coleman_R.pdf-pupils or former pupils. ./SoS_Decision_for_Mr_David_Coleman_R.pdf- ./SoS_Decision_for_Mr_David_Coleman_R.pdf-His position was, in summary, that this behaviour was a reflection of his informal, friendly ./SoS_Decision_for_Mr_David_Coleman_R.pdf-approach, as well as a result of his public social media presence. ./SoS_Decision_for_Mr_David_Coleman_R.pdf- ./SoS_Decision_for_Mr_David_Coleman_R.pdf-On his behalf, reliance was placed upon the outcome of the School's investigation, ./SoS_Decision_for_Mr_David_Coleman_R.pdf-whereby the conclusion reached was that there was no suggestion and/or insufficient ./SoS_Decision_for_Mr_David_Coleman_R.pdf:evidence to suggest that Mr Coleman's actions were sexually motivated. ./SoS_Decision_for_Mr_David_Coleman_R.pdf- ./SoS_Decision_for_Mr_David_Coleman_R.pdf-Whilst the panel noted this and the opinion expressed by [redacted] about this particular ./SoS_Decision_for_Mr_David_Coleman_R.pdf-issue, it proceeded to exercise its own, independent judgment. ./SoS_Decision_for_Mr_David_Coleman_R.pdf- ./SoS_Decision_for_Mr_David_Coleman_R.pdf-In doing so, the panel took account of the fact that Mr Coleman was a person of prior ./SoS_Decision_for_Mr_David_Coleman_R.pdf-good character. Positive evidence was provided in that regard, which was unchallenged. ./SoS_Decision_for_Mr_David_Coleman_R.pdf- ./SoS_Decision_for_Mr_David_Coleman_R.pdf-Mr Coleman's prior good character, particularly when considered in conjunction with the ./SoS_Decision_for_Mr_David_Coleman_R.pdf-serious nature of this allegation, meant that the panel had firmly in mind the need to ./SoS_Decision_for_Mr_David_Coleman_R.pdf-undertake particularly careful and vigorous scrutiny of the evidence before it. ./SoS_Decision_for_Mr_David_Coleman_R.pdf- ./SoS_Decision_for_Mr_David_Coleman_R.pdf-The panel first considered its findings in relation to allegations 1(a)(i) to (iv), b(i), b(ii) and ./SoS_Decision_for_Mr_David_Coleman_R.pdf-c. ./SoS_Decision_for_Mr_David_Coleman_R.pdf- ./SoS_Decision_for_Mr_David_Coleman_R.pdf-In relation to allegations 1(a)(i) to (iv) and (b)(i), Mr Coleman's actions were clearly ./SoS_Decision_for_Mr_David_Coleman_R.pdf-inappropriate. His use of language, in particular, was concerning, particularly insofar as ./SoS_Decision_for_Mr_David_Coleman_R.pdf-he did not realise this at the time. Directing words such as 'love', 'pretty', 'gorgeous' and ./SoS_Decision_for_Mr_David_Coleman_R.pdf:'beautiful', in particular, plainly ran the risk of being interpreted as an indication of sexual ./SoS_Decision_for_Mr_David_Coleman_R.pdf-attraction. The panel did not consider it would have been unreasonable for such ./SoS_Decision_for_Mr_David_Coleman_R.pdf-behaviour to have been perceived as flirtatious. ./SoS_Decision_for_Mr_David_Coleman_R.pdf- ./SoS_Decision_for_Mr_David_Coleman_R.pdf-It was equally possible that such conduct would have been unwelcome. It was clear, for ./SoS_Decision_for_Mr_David_Coleman_R.pdf-example, that Pupil A's account indicated his behaviour towards her was unwelcome and ./SoS_Decision_for_Mr_David_Coleman_R.pdf-made her feel vulnerable. It was also suggested that it was observed on occasions when ./SoS_Decision_for_Mr_David_Coleman_R.pdf-she was alone. In her absence, this was, of course, an issue that the panel was unable ./SoS_Decision_for_Mr_David_Coleman_R.pdf-to explore further. ./SoS_Decision_for_Mr_David_Coleman_R.pdf- ./SoS_Decision_for_Mr_David_Coleman_R.pdf-To the contrary, Pupil E did not, it would appear, interpret Mr Coleman's actions as ./SoS_Decision_for_Mr_David_Coleman_R.pdf:evidencing a sexual intention. ./SoS_Decision_for_Mr_David_Coleman_R.pdf- ./SoS_Decision_for_Mr_David_Coleman_R.pdf-The salient point is that Mr Coleman's actions gave rise to the risk that they could be ./SoS_Decision_for_Mr_David_Coleman_R.pdf-interpreted and perceived in that way. ./SoS_Decision_for_Mr_David_Coleman_R.pdf- ./SoS_Decision_for_Mr_David_Coleman_R.pdf- ./SoS_Decision_for_Mr_David_Coleman_R.pdf- 17 ./SoS_Decision_for_Mr_David_Coleman_R.pdf- -- ./SoS_Decision_for_Mr_David_Coleman_R.pdf-However, on balance, the panel was not persuaded that Mr Coleman's motivation or ./SoS_Decision_for_Mr_David_Coleman_R.pdf:intention in relation to these allegations was sexual. ./SoS_Decision_for_Mr_David_Coleman_R.pdf- ./SoS_Decision_for_Mr_David_Coleman_R.pdf-Rather, it concluded it was more likely than not that this was an aspect of the persona Mr ./SoS_Decision_for_Mr_David_Coleman_R.pdf-Coleman sought to portray, at this particular time, a consequence of a degree of ./SoS_Decision_for_Mr_David_Coleman_R.pdf-arrogance on his part and an extremely misguided attempt to be viewed in a certain way ./SoS_Decision_for_Mr_David_Coleman_R.pdf-and to be liked by the pupils. ./SoS_Decision_for_Mr_David_Coleman_R.pdf- ./SoS_Decision_for_Mr_David_Coleman_R.pdf-In particular, the panel noted that Mr Coleman did not specifically target an individual ./SoS_Decision_for_Mr_David_Coleman_R.pdf-pupil. To the contrary, the clear suggestion was that this sort of behaviour was relatively ./SoS_Decision_for_Mr_David_Coleman_R.pdf:commonplace, which in the panel's view negated an obvious sexual intent. ./SoS_Decision_for_Mr_David_Coleman_R.pdf- ./SoS_Decision_for_Mr_David_Coleman_R.pdf-Further, the behaviour, in each of the respects outlined, fell far short of being tantamount ./SoS_Decision_for_Mr_David_Coleman_R.pdf-to a proposition, or even something that could be viewed, in objective terms, as a fishing ./SoS_Decision_for_Mr_David_Coleman_R.pdf-expedition, an attempt to engender a favourable response from the pupils in question. ./SoS_Decision_for_Mr_David_Coleman_R.pdf- ./SoS_Decision_for_Mr_David_Coleman_R.pdf-Whilst this behaviour may have been ongoing, there was no change or escalation in the ./SoS_Decision_for_Mr_David_Coleman_R.pdf-nature or degree of it to suggest that Mr Coleman was, in any way, extending overtures ./SoS_Decision_for_Mr_David_Coleman_R.pdf-towards a future relationship of some kind. ./SoS_Decision_for_Mr_David_Coleman_R.pdf- ./SoS_Decision_for_Mr_David_Coleman_R.pdf-In addition, this proven behaviour was not of a nature, in the panel's view, that would ./SoS_Decision_for_Mr_David_Coleman_R.pdf:ordinarily result in sexual gratification. ./SoS_Decision_for_Mr_David_Coleman_R.pdf- ./SoS_Decision_for_Mr_David_Coleman_R.pdf-In relation to allegations 1(b)(ii) and 1(c), the panel considered there was no reasonable ./SoS_Decision_for_Mr_David_Coleman_R.pdf:basis for saying there was any sexual element to Mr Coleman's actions. ./SoS_Decision_for_Mr_David_Coleman_R.pdf- ./SoS_Decision_for_Mr_David_Coleman_R.pdf-Accordingly, the panel was not persuaded that the appropriate inference to draw, having ./SoS_Decision_for_Mr_David_Coleman_R.pdf:regard to all the circumstances, was that Mr Coleman was sexually motivated. ./SoS_Decision_for_Mr_David_Coleman_R.pdf- ./SoS_Decision_for_Mr_David_Coleman_R.pdf-The panel arrived at the same conclusion in relation to allegations 2(a) to (c). ./SoS_Decision_for_Mr_David_Coleman_R.pdf- ./SoS_Decision_for_Mr_David_Coleman_R.pdf-Once again, this was inappropriate behaviour. That was particularly so against a ./SoS_Decision_for_Mr_David_Coleman_R.pdf-backdrop whereby Mr Coleman had received guidance about his use of social media. ./SoS_Decision_for_Mr_David_Coleman_R.pdf- ./SoS_Decision_for_Mr_David_Coleman_R.pdf-However, the panel was not persuaded that Mr Coleman's conduct, in following these ./SoS_Decision_for_Mr_David_Coleman_R.pdf-pupils, reacting in the manner he did to the photographs posted by Pupil A and Pupil E ./SoS_Decision_for_Mr_David_Coleman_R.pdf:and allowing pupils to follow him on social media, was of a sexual nature or sexually ./SoS_Decision_for_Mr_David_Coleman_R.pdf-motivated. This was not personal or targeted behaviour and there was insufficient ./SoS_Decision_for_Mr_David_Coleman_R.pdf:evidence, in the panel's view, for inferring that Mr Coleman was sexually motivated. ./SoS_Decision_for_Mr_David_Coleman_R.pdf- ./SoS_Decision_for_Mr_David_Coleman_R.pdf-The panel did consider very carefully the position of Pupil E, who was the subject of ./SoS_Decision_for_Mr_David_Coleman_R.pdf-allegations 1(b), 2(a)(ii) and 2(b)(ii). These actions, particularly considered together, ./SoS_Decision_for_Mr_David_Coleman_R.pdf-were inappropriate. ./SoS_Decision_for_Mr_David_Coleman_R.pdf- ./SoS_Decision_for_Mr_David_Coleman_R.pdf-Nonetheless, in isolation, in the absence of anything further, in terms of Mr Coleman's ./SoS_Decision_for_Mr_David_Coleman_R.pdf-actions, and taking account of Pupil E's recorded view of Mr Coleman's behaviour ./SoS_Decision_for_Mr_David_Coleman_R.pdf- ./SoS_Decision_for_Mr_David_Coleman_R.pdf- 18 ./SoS_Decision_for_Mr_David_Coleman_R.pdf- -- ./SoS_Decision_for_Mr_David_Coleman_R.pdf-towards her, there was insufficient evidence to indicate an improper intent or motive on ./SoS_Decision_for_Mr_David_Coleman_R.pdf-his part. ./SoS_Decision_for_Mr_David_Coleman_R.pdf- ./SoS_Decision_for_Mr_David_Coleman_R.pdf-In summary, on balance, and having carefully weighed all of the evidence, the panel was ./SoS_Decision_for_Mr_David_Coleman_R.pdf:not persuaded that Mr Coleman's conduct was sexually motivated and therefore found ./SoS_Decision_for_Mr_David_Coleman_R.pdf-allegation 4 not proved. ./SoS_Decision_for_Mr_David_Coleman_R.pdf- ./SoS_Decision_for_Mr_David_Coleman_R.pdf-Findings as to unacceptable professional conduct and/or conduct that ./SoS_Decision_for_Mr_David_Coleman_R.pdf-may bring the profession into disrepute ./SoS_Decision_for_Mr_David_Coleman_R.pdf- ./SoS_Decision_for_Mr_David_Coleman_R.pdf-Having found a number of the allegations proved, the panel went on to consider whether ./SoS_Decision_for_Mr_David_Coleman_R.pdf-the facts of those proved allegations amounted to unacceptable professional conduct ./SoS_Decision_for_Mr_David_Coleman_R.pdf-and/or conduct that may bring the profession into disrepute. ./SoS_Decision_for_Mr_David_Coleman_R.pdf- ./SoS_Decision_for_Mr_David_Coleman_R.pdf-In doing so, the panel had regard to the document Teacher Misconduct: The Prohibition ./SoS_Decision_for_Mr_Gary_Crossley_R.pdf- ./SoS_Decision_for_Mr_Gary_Crossley_R.pdf- ii. Person B between 29 July 2018 and 25 December 2018. ./SoS_Decision_for_Mr_Gary_Crossley_R.pdf- ./SoS_Decision_for_Mr_Gary_Crossley_R.pdf- iii. Person C between 20 August 2018 and 03 October 2018. ./SoS_Decision_for_Mr_Gary_Crossley_R.pdf- ./SoS_Decision_for_Mr_Gary_Crossley_R.pdf- iv. Person D between 06 September 2018 and 03 October 2018. ./SoS_Decision_for_Mr_Gary_Crossley_R.pdf- ./SoS_Decision_for_Mr_Gary_Crossley_R.pdf- v. Person E between 01 September 2018 and 14 August 2019. ./SoS_Decision_for_Mr_Gary_Crossley_R.pdf- ./SoS_Decision_for_Mr_Gary_Crossley_R.pdf- h) He repeatedly messaged Pupil A messages which were of an inappropriate ./SoS_Decision_for_Mr_Gary_Crossley_R.pdf: and / or sexual nature between 21 July 2018 and 2 September 2019. ./SoS_Decision_for_Mr_Gary_Crossley_R.pdf- i) On 4 September 2018, he suggested to Pupil A that she should tell her mother ./SoS_Decision_for_Mr_Gary_Crossley_R.pdf- a "story", which was made up, so he would be hired as Pupil A's maths tutor. ./SoS_Decision_for_Mr_Gary_Crossley_R.pdf- j) On 18 December 2018, he gave Pupil A a gift. ./SoS_Decision_for_Mr_Gary_Crossley_R.pdf- k) He repeatedly wrote an 'x' on the end of his messages, indicating a kiss. ./SoS_Decision_for_Mr_Gary_Crossley_R.pdf- ./SoS_Decision_for_Mr_Gary_Crossley_R.pdf-2. His communication with Pupil A, as set out in paragraph 1(d), (e), (h), (k) was ./SoS_Decision_for_Mr_Gary_Crossley_R.pdf: sexually motivated. ./SoS_Decision_for_Mr_Gary_Crossley_R.pdf- ./SoS_Decision_for_Mr_Gary_Crossley_R.pdf-3. He failed to maintain professional boundaries with former Pupil B on or after ./SoS_Decision_for_Mr_Gary_Crossley_R.pdf- September 2017 when he: ./SoS_Decision_for_Mr_Gary_Crossley_R.pdf- ./SoS_Decision_for_Mr_Gary_Crossley_R.pdf- a) asked for, and exchanged, personal contact details with former Pupil B. ./SoS_Decision_for_Mr_Gary_Crossley_R.pdf- ./SoS_Decision_for_Mr_Gary_Crossley_R.pdf- 4 ./SoS_Decision_for_Mr_Gary_Crossley_R.pdf- -- ./SoS_Decision_for_Mr_Gary_Crossley_R.pdf- ./SoS_Decision_for_Mr_Gary_Crossley_R.pdf- ii. Person B between 29 July 2018 and 25 December 2018. ./SoS_Decision_for_Mr_Gary_Crossley_R.pdf- ./SoS_Decision_for_Mr_Gary_Crossley_R.pdf- iii. Person C between 20 August 2018 and 03 October 2018. ./SoS_Decision_for_Mr_Gary_Crossley_R.pdf- ./SoS_Decision_for_Mr_Gary_Crossley_R.pdf- iv. Person D between 06 September 2018 and 03 October 2018. ./SoS_Decision_for_Mr_Gary_Crossley_R.pdf- ./SoS_Decision_for_Mr_Gary_Crossley_R.pdf- v. Person E between 01 September 2018 and 14 August 2019. ./SoS_Decision_for_Mr_Gary_Crossley_R.pdf- ./SoS_Decision_for_Mr_Gary_Crossley_R.pdf- h) You repeatedly messaged Pupil A messages which were of an inappropriate ./SoS_Decision_for_Mr_Gary_Crossley_R.pdf: and / or sexual nature between 21 July 2018 and 2 September 2019. ./SoS_Decision_for_Mr_Gary_Crossley_R.pdf- i) On 4 September 2018, you suggested to Pupil A that she should tell her ./SoS_Decision_for_Mr_Gary_Crossley_R.pdf- mother a "story", which was made up, so you would be hired as Pupil A's ./SoS_Decision_for_Mr_Gary_Crossley_R.pdf- maths tutor. ./SoS_Decision_for_Mr_Gary_Crossley_R.pdf- j) On 18 December 2018, you gave Pupil A a gift. ./SoS_Decision_for_Mr_Gary_Crossley_R.pdf- k) You repeatedly wrote an 'x' on the end of your messages, indicating a kiss. ./SoS_Decision_for_Mr_Gary_Crossley_R.pdf- ./SoS_Decision_for_Mr_Gary_Crossley_R.pdf-The panel noted that within the response to the notice of referral dated 12 January 2022, ./SoS_Decision_for_Mr_Gary_Crossley_R.pdf-and in the statement of agreed facts signed by Mr Crossley on 26 February 2022, Mr ./SoS_Decision_for_Mr_Gary_Crossley_R.pdf- ./SoS_Decision_for_Mr_Gary_Crossley_R.pdf- -- ./SoS_Decision_for_Mr_Gary_Crossley_R.pdf-after school hours. ./SoS_Decision_for_Mr_Gary_Crossley_R.pdf- ./SoS_Decision_for_Mr_Gary_Crossley_R.pdf-The panel considered the transcript of the text/WhatsApp messages contained within the ./SoS_Decision_for_Mr_Gary_Crossley_R.pdf-bundle and concluded the volume, content, and tone of the messages demonstrated that ./SoS_Decision_for_Mr_Gary_Crossley_R.pdf-Mr Crossley had failed to maintain professional boundaries with Pupil A as set out in ./SoS_Decision_for_Mr_Gary_Crossley_R.pdf-allegations 1(a) to 1(k). ./SoS_Decision_for_Mr_Gary_Crossley_R.pdf- ./SoS_Decision_for_Mr_Gary_Crossley_R.pdf-The panel found allegations 1(a) to 1(k) proven. ./SoS_Decision_for_Mr_Gary_Crossley_R.pdf- ./SoS_Decision_for_Mr_Gary_Crossley_R.pdf-2. Your communication with Pupil A, as set out in paragraph 1(d), (e), (h), (k) was ./SoS_Decision_for_Mr_Gary_Crossley_R.pdf: sexually motivated. ./SoS_Decision_for_Mr_Gary_Crossley_R.pdf- ./SoS_Decision_for_Mr_Gary_Crossley_R.pdf-Having found allegations 1(d), 1(e), 1(h) and 1(k) proven, the panel went on to consider ./SoS_Decision_for_Mr_Gary_Crossley_R.pdf:whether Mr Crossley’s conduct was sexually motivated. The panel noted that within the ./SoS_Decision_for_Mr_Gary_Crossley_R.pdf-response to the notice of referral dated 12 January 2022, and in the statement of agreed ./SoS_Decision_for_Mr_Gary_Crossley_R.pdf-facts signed by Mr Crossley on 26 February 2022, Mr Crossley admitted that his ./SoS_Decision_for_Mr_Gary_Crossley_R.pdf-communication with Pupil A, as set out at allegations 1(d), 1(e), 1(h) and 1(k), was ./SoS_Decision_for_Mr_Gary_Crossley_R.pdf:sexually motivated. Notwithstanding this, the panel made a determination based on the ./SoS_Decision_for_Mr_Gary_Crossley_R.pdf-evidence available to it. ./SoS_Decision_for_Mr_Gary_Crossley_R.pdf- ./SoS_Decision_for_Mr_Gary_Crossley_R.pdf-The panel’s attention was drawn to section 78 of the Sexual Offences Act 2003 and to ./SoS_Decision_for_Mr_Gary_Crossley_R.pdf-the cases of Sait v The General Medical Council [2018], Basson v General Medical ./SoS_Decision_for_Mr_Gary_Crossley_R.pdf-Council [2018] and The General Medical Council v Haris [2020] EWHC 2518. ./SoS_Decision_for_Mr_Gary_Crossley_R.pdf- ./SoS_Decision_for_Mr_Gary_Crossley_R.pdf:The panel considered whether the conduct was sexually motivated. It noted that in ./SoS_Decision_for_Mr_Gary_Crossley_R.pdf:Basson it was stated that “A sexual motive means that the conduct was done either in ./SoS_Decision_for_Mr_Gary_Crossley_R.pdf:pursuit of sexual gratification or in pursuit of a sexual relationship”. The panel further ./SoS_Decision_for_Mr_Gary_Crossley_R.pdf-considered that in Haris, the High Court indicated that the criteria in Basson sets the bar ./SoS_Decision_for_Mr_Gary_Crossley_R.pdf-too high. ./SoS_Decision_for_Mr_Gary_Crossley_R.pdf- ./SoS_Decision_for_Mr_Gary_Crossley_R.pdf-On examination of the documents before the panel, and consideration of the wider ./SoS_Decision_for_Mr_Gary_Crossley_R.pdf-documentary evidence, the panel noted that Mr Crossley made multiple references within ./SoS_Decision_for_Mr_Gary_Crossley_R.pdf-his text/WhatsApp messages to Pupil A about her breasts, her body, her appearance, her ./SoS_Decision_for_Mr_Gary_Crossley_R.pdf:possible sexual encounters and her sexual experience. The panel concluded, therefore, ./SoS_Decision_for_Mr_Gary_Crossley_R.pdf:that Mr Crossley’s conduct as set out in allegations (d), 1(e), 1(h) and 1(k) was sexually ./SoS_Decision_for_Mr_Gary_Crossley_R.pdf-motivated. ./SoS_Decision_for_Mr_Gary_Crossley_R.pdf- ./SoS_Decision_for_Mr_Gary_Crossley_R.pdf-The panel noted Mr Crossley had not provided an explanation for his behaviour and had ./SoS_Decision_for_Mr_Gary_Crossley_R.pdf-not provided any character evidence for the Panel’s consideration. The panel was of the ./SoS_Decision_for_Mr_Gary_Crossley_R.pdf-view that there was no other reason for this conduct from a teacher towards a pupil. ./SoS_Decision_for_Mr_Gary_Crossley_R.pdf- ./SoS_Decision_for_Mr_Gary_Crossley_R.pdf-The panel found allegation 2 proven. ./SoS_Decision_for_Mr_Gary_Crossley_R.pdf- ./SoS_Decision_for_Mr_Gary_Crossley_R.pdf- ./SoS_Decision_for_Mr_Gary_Crossley_R.pdf- -- ./SoS_Decision_for_Mr_Gary_Crossley_R.pdf- ./SoS_Decision_for_Mr_Gary_Crossley_R.pdf- • Teachers must have an understanding of, and always act within, the statutory ./SoS_Decision_for_Mr_Gary_Crossley_R.pdf- frameworks which set out their professional duties and responsibilities. ./SoS_Decision_for_Mr_Gary_Crossley_R.pdf- ./SoS_Decision_for_Mr_Gary_Crossley_R.pdf-The panel was satisfied that the conduct of Mr Crossley fell significantly short of the ./SoS_Decision_for_Mr_Gary_Crossley_R.pdf-standards expected of the profession, as he had repeatedly failed to observe and ./SoS_Decision_for_Mr_Gary_Crossley_R.pdf-maintain appropriate boundaries with Pupil A, former Pupil B and Pupil C. ./SoS_Decision_for_Mr_Gary_Crossley_R.pdf- ./SoS_Decision_for_Mr_Gary_Crossley_R.pdf-The panel also considered whether Mr Crossley’s conduct displayed behaviours ./SoS_Decision_for_Mr_Gary_Crossley_R.pdf-associated with any of the offences listed on pages 12 and 13 of the Advice. The panel ./SoS_Decision_for_Mr_Gary_Crossley_R.pdf:found that the offence of sexual communication with a child was relevant, due to the ./SoS_Decision_for_Mr_Gary_Crossley_R.pdf-nature of the communications with Pupil A. The Advice indicates that where behaviours ./SoS_Decision_for_Mr_Gary_Crossley_R.pdf-associated with such an offence exist, a panel is more likely to conclude that an ./SoS_Decision_for_Mr_Gary_Crossley_R.pdf-individual’s conduct would amount to unacceptable professional conduct. ./SoS_Decision_for_Mr_Gary_Crossley_R.pdf- ./SoS_Decision_for_Mr_Gary_Crossley_R.pdf-The panel noted that the majority of the allegations took place outside the education ./SoS_Decision_for_Mr_Gary_Crossley_R.pdf-setting, in that Mr Crossley was communicating with pupils via text/whatsApp message ./SoS_Decision_for_Mr_Gary_Crossley_R.pdf-and meeting them outside of school. However, the panel believed this touched upon Mr ./SoS_Decision_for_Mr_Gary_Crossley_R.pdf:Crossley’s profession as a teacher, as he knowingly engaged in inappropriate and sexual ./SoS_Decision_for_Mr_Gary_Crossley_R.pdf-communication with a child, attempted to engage in such communication with more than ./SoS_Decision_for_Mr_Gary_Crossley_R.pdf-one child, and had met or sought to meet those children outside of an education setting. ./SoS_Decision_for_Mr_Gary_Crossley_R.pdf- ./SoS_Decision_for_Mr_Gary_Crossley_R.pdf-Accordingly, the panel was satisfied that Mr Crossley was guilty of unacceptable ./SoS_Decision_for_Mr_Gary_Crossley_R.pdf-professional conduct. ./SoS_Decision_for_Mr_Gary_Crossley_R.pdf- ./SoS_Decision_for_Mr_Gary_Crossley_R.pdf-The panel took into account the way the teaching profession is viewed by others and ./SoS_Decision_for_Mr_Gary_Crossley_R.pdf-considered the influence that teachers may have on pupils, parents and others in the ./SoS_Decision_for_Mr_Gary_Crossley_R.pdf-community. The panel also took account of the uniquely influential role that teachers can ./SoS_Decision_for_Mr_Gary_Crossley_R.pdf-hold in pupils’ lives and the fact that pupils must be able to view teachers as role models -- ./SoS_Decision_for_Mr_Gary_Crossley_R.pdf- ./SoS_Decision_for_Mr_Gary_Crossley_R.pdf- • the maintenance of public confidence in the profession; ./SoS_Decision_for_Mr_Gary_Crossley_R.pdf- ./SoS_Decision_for_Mr_Gary_Crossley_R.pdf- • declaring and upholding proper standards of conduct; and ./SoS_Decision_for_Mr_Gary_Crossley_R.pdf- ./SoS_Decision_for_Mr_Gary_Crossley_R.pdf- • prohibition strikes the right balance between the rights of the teacher and the ./SoS_Decision_for_Mr_Gary_Crossley_R.pdf- public interest, if they are in conflict. ./SoS_Decision_for_Mr_Gary_Crossley_R.pdf- ./SoS_Decision_for_Mr_Gary_Crossley_R.pdf-In the light of the panel’s findings against Mr Crossley, which involved failing to maintain ./SoS_Decision_for_Mr_Gary_Crossley_R.pdf-professional boundaries with Pupil A and former Pupil B, instigating communications with ./SoS_Decision_for_Mr_Gary_Crossley_R.pdf:Pupil A which were sexually motivated, and inappropriate conduct towards Pupil C, there ./SoS_Decision_for_Mr_Gary_Crossley_R.pdf-was a strong public interest consideration in respect of the protection of pupils. ./SoS_Decision_for_Mr_Gary_Crossley_R.pdf- ./SoS_Decision_for_Mr_Gary_Crossley_R.pdf-Similarly, the panel considered that public confidence in the profession could be seriously ./SoS_Decision_for_Mr_Gary_Crossley_R.pdf-weakened if conduct such as that found against Mr Crossley were not treated with the ./SoS_Decision_for_Mr_Gary_Crossley_R.pdf-utmost seriousness when regulating the conduct of the profession. ./SoS_Decision_for_Mr_Gary_Crossley_R.pdf- ./SoS_Decision_for_Mr_Gary_Crossley_R.pdf-The panel decided that a strong public interest consideration in declaring proper ./SoS_Decision_for_Mr_Gary_Crossley_R.pdf-standards of conduct in the profession was also present as the conduct found against Mr ./SoS_Decision_for_Mr_Gary_Crossley_R.pdf-Crossley fell seriously short of these standards. ./SoS_Decision_for_Mr_Gary_Crossley_R.pdf- -- ./SoS_Decision_for_Mr_Gary_Crossley_R.pdf- ./SoS_Decision_for_Mr_Gary_Crossley_R.pdf- • serious departure from the personal and professional conduct elements of the ./SoS_Decision_for_Mr_Gary_Crossley_R.pdf- Teachers’ Standards; ./SoS_Decision_for_Mr_Gary_Crossley_R.pdf- ./SoS_Decision_for_Mr_Gary_Crossley_R.pdf- • misconduct seriously affecting the education and/or well-being of pupils, and ./SoS_Decision_for_Mr_Gary_Crossley_R.pdf- particularly where there is a continuing risk; ./SoS_Decision_for_Mr_Gary_Crossley_R.pdf- ./SoS_Decision_for_Mr_Gary_Crossley_R.pdf- • abuse of position or trust (particularly involving pupils); ./SoS_Decision_for_Mr_Gary_Crossley_R.pdf- ./SoS_Decision_for_Mr_Gary_Crossley_R.pdf- • any abuse of any trust, knowledge or influence grained through their professional ./SoS_Decision_for_Mr_Gary_Crossley_R.pdf: position in order to advance a romantic or sexual relationship with a pupil or former ./SoS_Decision_for_Mr_Gary_Crossley_R.pdf- pupil; ./SoS_Decision_for_Mr_Gary_Crossley_R.pdf- ./SoS_Decision_for_Mr_Gary_Crossley_R.pdf: • sexual misconduct, for example, involving actions that were sexually motivated or ./SoS_Decision_for_Mr_Gary_Crossley_R.pdf: of a sexual nature and/or that use or exploit the trust, knowledge or influence ./SoS_Decision_for_Mr_Gary_Crossley_R.pdf- derived from the individual’s professional position; ./SoS_Decision_for_Mr_Gary_Crossley_R.pdf- ./SoS_Decision_for_Mr_Gary_Crossley_R.pdf- • failure in their duty of care towards a child, including exposing a child to risk or ./SoS_Decision_for_Mr_Gary_Crossley_R.pdf- failing to promote the safety and welfare of the children (as set out in Part 1 of ./SoS_Decision_for_Mr_Gary_Crossley_R.pdf- KCSIE); ./SoS_Decision_for_Mr_Gary_Crossley_R.pdf- ./SoS_Decision_for_Mr_Gary_Crossley_R.pdf- • violating of the rights of pupils; ./SoS_Decision_for_Mr_Gary_Crossley_R.pdf- ./SoS_Decision_for_Mr_Gary_Crossley_R.pdf- • sustained or serious bullying, or other deliberate behaviour that undermines pupils, ./SoS_Decision_for_Mr_Gary_Crossley_R.pdf- the profession, the school or colleagues; -- ./SoS_Decision_for_Mr_Gary_Crossley_R.pdf-The panel was of the view that, applying the standard of the ordinary intelligent citizen, it ./SoS_Decision_for_Mr_Gary_Crossley_R.pdf-would not be a proportionate and appropriate response to recommend no prohibition ./SoS_Decision_for_Mr_Gary_Crossley_R.pdf-order. Recommending that the publication of adverse findings was sufficient would ./SoS_Decision_for_Mr_Gary_Crossley_R.pdf-unacceptably compromise the public interest considerations present in this case, despite ./SoS_Decision_for_Mr_Gary_Crossley_R.pdf-the severity of the consequences for Mr Crossley of prohibition. ./SoS_Decision_for_Mr_Gary_Crossley_R.pdf- ./SoS_Decision_for_Mr_Gary_Crossley_R.pdf-The panel was of the view that prohibition was both proportionate and appropriate. The ./SoS_Decision_for_Mr_Gary_Crossley_R.pdf-panel decided that the public interest considerations outweighed the interests of Mr ./SoS_Decision_for_Mr_Gary_Crossley_R.pdf-Crossley. The panel’s findings against Mr Crossley, which involved failing to maintain ./SoS_Decision_for_Mr_Gary_Crossley_R.pdf-professional boundaries with Pupil A and former Pupil B, instigating communications with ./SoS_Decision_for_Mr_Gary_Crossley_R.pdf:Pupil A which were inappropriate and/or sexually motivated, and inappropriate conduct ./SoS_Decision_for_Mr_Gary_Crossley_R.pdf-towards Pupil C, were a significant factor in forming that opinion. Accordingly, the panel ./SoS_Decision_for_Mr_Gary_Crossley_R.pdf-made a recommendation to the Secretary of State that a prohibition order should be ./SoS_Decision_for_Mr_Gary_Crossley_R.pdf-imposed with immediate effect. ./SoS_Decision_for_Mr_Gary_Crossley_R.pdf- ./SoS_Decision_for_Mr_Gary_Crossley_R.pdf-The panel went on to consider whether or not it would be appropriate to recommend that ./SoS_Decision_for_Mr_Gary_Crossley_R.pdf-a review period of the order should be considered. The panel was mindful that the Advice ./SoS_Decision_for_Mr_Gary_Crossley_R.pdf-states that a prohibition order applies for life, but there may be circumstances, in any ./SoS_Decision_for_Mr_Gary_Crossley_R.pdf-given case, that may make it appropriate to allow a teacher to apply to have the ./SoS_Decision_for_Mr_Gary_Crossley_R.pdf-prohibition order reviewed after a specified period of time that may not be less than 2 ./SoS_Decision_for_Mr_Gary_Crossley_R.pdf-years. ./SoS_Decision_for_Mr_Gary_Crossley_R.pdf- ./SoS_Decision_for_Mr_Gary_Crossley_R.pdf-The Advice indicates that there are behaviours that, if proved, would militate against the ./SoS_Decision_for_Mr_Gary_Crossley_R.pdf:recommendation of a review period. These behaviours include any sexual misconduct ./SoS_Decision_for_Mr_Gary_Crossley_R.pdf- ./SoS_Decision_for_Mr_Gary_Crossley_R.pdf- ./SoS_Decision_for_Mr_Gary_Crossley_R.pdf- 15 ./SoS_Decision_for_Mr_Gary_Crossley_R.pdf- -- ./SoS_Decision_for_Mr_Gary_Crossley_R.pdf:involving a child. The panel found that Mr Crossley was responsible for sexually ./SoS_Decision_for_Mr_Gary_Crossley_R.pdf-motivated communication with Pupil A. ./SoS_Decision_for_Mr_Gary_Crossley_R.pdf- ./SoS_Decision_for_Mr_Gary_Crossley_R.pdf-The panel considered Mr Crossley’s behaviour to be deliberate, calculated, repeated (his ./SoS_Decision_for_Mr_Gary_Crossley_R.pdf-communication with Pupil A and former Pupil B taking place over several years), and ./SoS_Decision_for_Mr_Gary_Crossley_R.pdf-therefore incompatible with being a teacher. The panel noted that, despite the passing of ./SoS_Decision_for_Mr_Gary_Crossley_R.pdf-three years, Mr Crossley had not shown any insight into his behaviour or the impact it ./SoS_Decision_for_Mr_Gary_Crossley_R.pdf-had on Pupil A and B, or his profession. The panel further noted Mr Crossley had not ./SoS_Decision_for_Mr_Gary_Crossley_R.pdf-offered any explanation or reassurance that there would not be a repetition of his ./SoS_Decision_for_Mr_Gary_Crossley_R.pdf-behaviour and considered him an ongoing risk to children. ./SoS_Decision_for_Mr_Gary_Crossley_R.pdf- -- ./SoS_Decision_for_Mr_Gary_Crossley_R.pdf- ./SoS_Decision_for_Mr_Gary_Crossley_R.pdf-The panel was satisfied that the conduct of Mr Crossley, involved breaches of the ./SoS_Decision_for_Mr_Gary_Crossley_R.pdf-responsibilities and duties set out in statutory guidance Keeping children safe in ./SoS_Decision_for_Mr_Gary_Crossley_R.pdf-education (KCSIE). ./SoS_Decision_for_Mr_Gary_Crossley_R.pdf- ./SoS_Decision_for_Mr_Gary_Crossley_R.pdf-The panel finds that the conduct of Mr Crossley fell significantly short of the standards ./SoS_Decision_for_Mr_Gary_Crossley_R.pdf-expected of the profession. ./SoS_Decision_for_Mr_Gary_Crossley_R.pdf- ./SoS_Decision_for_Mr_Gary_Crossley_R.pdf-The findings of misconduct are particularly serious as they include, failing to maintain ./SoS_Decision_for_Mr_Gary_Crossley_R.pdf-professional boundaries with Pupils/former Pupils, instigating inappropriate and/or ./SoS_Decision_for_Mr_Gary_Crossley_R.pdf:sexually communications with a Pupil. ./SoS_Decision_for_Mr_Gary_Crossley_R.pdf- ./SoS_Decision_for_Mr_Gary_Crossley_R.pdf-I have to determine whether the imposition of a prohibition order is proportionate and in ./SoS_Decision_for_Mr_Gary_Crossley_R.pdf-the public interest. In considering that for this case, I have considered the overall aim of a ./SoS_Decision_for_Mr_Gary_Crossley_R.pdf-prohibition order which is to protect pupils and to maintain public confidence in the ./SoS_Decision_for_Mr_Gary_Crossley_R.pdf-profession. I have considered the extent to which a prohibition order in this case would ./SoS_Decision_for_Mr_Gary_Crossley_R.pdf-achieve that aim taking into account the impact that it will have on the individual teacher. ./SoS_Decision_for_Mr_Gary_Crossley_R.pdf-I have also asked myself, whether a less intrusive measure, such as the published ./SoS_Decision_for_Mr_Gary_Crossley_R.pdf-finding of unacceptable professional conduct and conduct that may bring the profession ./SoS_Decision_for_Mr_Gary_Crossley_R.pdf-into disrepute, would itself be sufficient to achieve the overall aim. I have to consider ./SoS_Decision_for_Mr_Gary_Crossley_R.pdf-whether the consequences of such a publication are themselves sufficient. I have ./SoS_Decision_for_Mr_Gary_Crossley_R.pdf-considered therefore whether or not prohibiting Mr Crossley, and the impact that will have ./SoS_Decision_for_Mr_Gary_Crossley_R.pdf-on the teacher, is proportionate and in the public interest. ./SoS_Decision_for_Mr_Gary_Crossley_R.pdf- ./SoS_Decision_for_Mr_Gary_Crossley_R.pdf-In this case, I have considered the extent to which a prohibition order would protect ./SoS_Decision_for_Mr_Gary_Crossley_R.pdf-children and safeguard pupils. The panel has observed, “In the light of the panel’s ./SoS_Decision_for_Mr_Gary_Crossley_R.pdf-findings against Mr Crossley, which involved failing to maintain professional boundaries ./SoS_Decision_for_Mr_Gary_Crossley_R.pdf-with Pupil A and former Pupil B, instigating communications with Pupil A which were ./SoS_Decision_for_Mr_Gary_Crossley_R.pdf:sexually motivated, and inappropriate conduct towards Pupil C, there was a strong public ./SoS_Decision_for_Mr_Gary_Crossley_R.pdf-interest consideration in respect of the protection of pupils.” A prohibition order would ./SoS_Decision_for_Mr_Gary_Crossley_R.pdf-therefore prevent such a risk from being present in the future. ./SoS_Decision_for_Mr_Gary_Crossley_R.pdf- ./SoS_Decision_for_Mr_Gary_Crossley_R.pdf-I have also taken into account the panel’s comments on insight and remorse, which the ./SoS_Decision_for_Mr_Gary_Crossley_R.pdf-panel sets out as follows, “Mr Crossley submitted that he was incredibly sorry and felt ./SoS_Decision_for_Mr_Gary_Crossley_R.pdf- ./SoS_Decision_for_Mr_Gary_Crossley_R.pdf- ./SoS_Decision_for_Mr_Gary_Crossley_R.pdf- 17 ./SoS_Decision_for_Mr_Gary_Crossley_R.pdf- -- ./SoS_Decision_for_Mr_Gary_Crossley_R.pdf-at risk the future wellbeing of pupils’. I have therefore given this element considerable ./SoS_Decision_for_Mr_Gary_Crossley_R.pdf-weight in reaching my decision. ./SoS_Decision_for_Mr_Gary_Crossley_R.pdf- ./SoS_Decision_for_Mr_Gary_Crossley_R.pdf-I have gone on to consider the extent to which a prohibition order would maintain public ./SoS_Decision_for_Mr_Gary_Crossley_R.pdf-confidence in the profession. The panel observe, “the panel considered that public ./SoS_Decision_for_Mr_Gary_Crossley_R.pdf-confidence in the profession could be seriously weakened if conduct such as that found ./SoS_Decision_for_Mr_Gary_Crossley_R.pdf-against Mr Crossley were not treated with the utmost seriousness when regulating the ./SoS_Decision_for_Mr_Gary_Crossley_R.pdf-conduct of the profession.” And “The panel decided that a strong public interest ./SoS_Decision_for_Mr_Gary_Crossley_R.pdf-consideration in declaring proper standards of conduct in the profession was also present ./SoS_Decision_for_Mr_Gary_Crossley_R.pdf-as the conduct found against Mr Crossley fell seriously short of these standards.” I am ./SoS_Decision_for_Mr_Gary_Crossley_R.pdf:particularly mindful of the finding of inappropriate and sexually motivated conduct in this ./SoS_Decision_for_Mr_Gary_Crossley_R.pdf-case and the impact that such a finding has on the reputation of the profession. ./SoS_Decision_for_Mr_Gary_Crossley_R.pdf- ./SoS_Decision_for_Mr_Gary_Crossley_R.pdf-I have had to consider that the public has a high expectation of professional standards of ./SoS_Decision_for_Mr_Gary_Crossley_R.pdf-all teachers and that the public might regard a failure to impose a prohibition order as a ./SoS_Decision_for_Mr_Gary_Crossley_R.pdf-failure to uphold those high standards. In weighing these considerations, I have had to ./SoS_Decision_for_Mr_Gary_Crossley_R.pdf-consider the matter from the point of view of an “ordinary intelligent and well-informed ./SoS_Decision_for_Mr_Gary_Crossley_R.pdf-citizen.” ./SoS_Decision_for_Mr_Gary_Crossley_R.pdf- ./SoS_Decision_for_Mr_Gary_Crossley_R.pdf-I have considered whether the publication of a finding of unacceptable professional ./SoS_Decision_for_Mr_Gary_Crossley_R.pdf-conduct, in the absence of a prohibition order, can itself be regarded by such a person as -- ./SoS_Decision_for_Mr_Gary_Crossley_R.pdf-significantly to the education sector.” ./SoS_Decision_for_Mr_Gary_Crossley_R.pdf- ./SoS_Decision_for_Mr_Gary_Crossley_R.pdf-A prohibition order would prevent Mr Crossley from teaching. A prohibition order would ./SoS_Decision_for_Mr_Gary_Crossley_R.pdf-also clearly deprive the public of his contribution to the profession for the period that it is ./SoS_Decision_for_Mr_Gary_Crossley_R.pdf-in force. ./SoS_Decision_for_Mr_Gary_Crossley_R.pdf- ./SoS_Decision_for_Mr_Gary_Crossley_R.pdf-In this case, I have placed considerable weight on the panel’s comments “The panel ./SoS_Decision_for_Mr_Gary_Crossley_R.pdf-noted that the majority of the allegations took place outside the education setting, in that ./SoS_Decision_for_Mr_Gary_Crossley_R.pdf-Mr Crossley was communicating with pupils via text/whatsApp message and meeting ./SoS_Decision_for_Mr_Gary_Crossley_R.pdf-them outside of school. However, the panel believed this touched upon Mr Crossley’s ./SoS_Decision_for_Mr_Gary_Crossley_R.pdf:profession as a teacher, as he knowingly engaged in inappropriate and sexual ./SoS_Decision_for_Mr_Gary_Crossley_R.pdf-communication with a child, attempted to engage in such communication with more than ./SoS_Decision_for_Mr_Gary_Crossley_R.pdf-one child, and had met or sought to meet those children outside of an education setting.” ./SoS_Decision_for_Mr_Gary_Crossley_R.pdf- ./SoS_Decision_for_Mr_Gary_Crossley_R.pdf- ./SoS_Decision_for_Mr_Gary_Crossley_R.pdf- 18 ./SoS_Decision_for_Mr_Gary_Crossley_R.pdf- -- ./SoS_Decision_for_Mr_Gary_Crossley_R.pdf-I have also placed considerable weight on the finding “The panel also considered ./SoS_Decision_for_Mr_Gary_Crossley_R.pdf-whether Mr Crossley’s conduct displayed behaviours associated with any of the offences ./SoS_Decision_for_Mr_Gary_Crossley_R.pdf:listed on pages 12 and 13 of the Advice. The panel found that the offence of sexual ./SoS_Decision_for_Mr_Gary_Crossley_R.pdf-communication with a child was relevant, due to the nature of the communications with ./SoS_Decision_for_Mr_Gary_Crossley_R.pdf-Pupil A. The Advice indicates that where behaviours associated with such an offence ./SoS_Decision_for_Mr_Gary_Crossley_R.pdf-exist, a panel is more likely to conclude that an individual’s conduct would amount to ./SoS_Decision_for_Mr_Gary_Crossley_R.pdf-unacceptable professional conduct.” ./SoS_Decision_for_Mr_Gary_Crossley_R.pdf- ./SoS_Decision_for_Mr_Gary_Crossley_R.pdf-I have given less weight in my consideration of sanction therefore, to the contribution that ./SoS_Decision_for_Mr_Gary_Crossley_R.pdf-Mr Crossley has made to the profession. In my view, it is necessary to impose a ./SoS_Decision_for_Mr_Gary_Crossley_R.pdf-prohibition order in order to maintain public confidence in the profession. A published ./SoS_Decision_for_Mr_Gary_Crossley_R.pdf-decision, in light of the circumstances in this case, that is not backed up by full insight, ./SoS_Decision_for_Mr_Gary_Crossley_R.pdf-does not in my view satisfy the public interest requirement concerning public confidence -- ./SoS_Decision_for_Mr_Gary_Crossley_R.pdf-I have considered the panel’s comments “The panel considered Mr Crossley’s behaviour ./SoS_Decision_for_Mr_Gary_Crossley_R.pdf-to be deliberate, calculated, repeated (his communication with Pupil A and former Pupil B ./SoS_Decision_for_Mr_Gary_Crossley_R.pdf-taking place over several years), and therefore incompatible with being a teacher. The ./SoS_Decision_for_Mr_Gary_Crossley_R.pdf-panel noted that, despite the passing of three years, Mr Crossley had not shown any ./SoS_Decision_for_Mr_Gary_Crossley_R.pdf-insight into his behaviour or the impact it had on Pupil A and B, or his profession. The ./SoS_Decision_for_Mr_Gary_Crossley_R.pdf-panel further noted Mr Crossley had not offered any explanation or reassurance that ./SoS_Decision_for_Mr_Gary_Crossley_R.pdf-there would not be a repetition of his behaviour and considered him an ongoing risk to ./SoS_Decision_for_Mr_Gary_Crossley_R.pdf-children.” ./SoS_Decision_for_Mr_Gary_Crossley_R.pdf- ./SoS_Decision_for_Mr_Gary_Crossley_R.pdf-The published Advice is clear where there are behaviours found proven that include ./SoS_Decision_for_Mr_Gary_Crossley_R.pdf:sexual misconduct involving a child, that could militate against a review period, which is ./SoS_Decision_for_Mr_Gary_Crossley_R.pdf-relevant in this case. ./SoS_Decision_for_Mr_Gary_Crossley_R.pdf- ./SoS_Decision_for_Mr_Gary_Crossley_R.pdf-Factors mean that allowing a review period is not sufficient to achieve the aim of ./SoS_Decision_for_Mr_Gary_Crossley_R.pdf-maintaining public confidence in the profession. These elements include, the seriousness ./SoS_Decision_for_Mr_Gary_Crossley_R.pdf-of the findings and the lack of insight. ./SoS_Decision_for_Mr_Gary_Crossley_R.pdf- ./SoS_Decision_for_Mr_Gary_Crossley_R.pdf-I consider therefore that allowing for no review period is necessary to maintain public ./SoS_Decision_for_Mr_Gary_Crossley_R.pdf-confidence and is proportionate and in the public interest. ./SoS_Decision_for_Mr_Gary_Crossley_R.pdf- ./SoS_Decision_for_Mr_Gary_Crossley_R.pdf-This means that Mr Gary Crossley is prohibited from teaching indefinitely and ./SoS_Decision_Mr_Jonathan_Clayton_Redacted_web_decision.pdf- ./SoS_Decision_Mr_Jonathan_Clayton_Redacted_web_decision.pdf-It was alleged that Mr Clayton was guilty of having been convicted of a relevant offence, ./SoS_Decision_Mr_Jonathan_Clayton_Redacted_web_decision.pdf-in that: ./SoS_Decision_Mr_Jonathan_Clayton_Redacted_web_decision.pdf- ./SoS_Decision_Mr_Jonathan_Clayton_Redacted_web_decision.pdf-1. On or around 4 February 2020 he was convicted at Teeside Crown Court of ./SoS_Decision_Mr_Jonathan_Clayton_Redacted_web_decision.pdf- the following offences; ./SoS_Decision_Mr_Jonathan_Clayton_Redacted_web_decision.pdf- ./SoS_Decision_Mr_Jonathan_Clayton_Redacted_web_decision.pdf- a. Assault on a female child under 13 by penetration of vagina/anus with ./SoS_Decision_Mr_Jonathan_Clayton_Redacted_web_decision.pdf- part of body/object on 21/03/19- 03/05/19 contrary to Section 6 of the ./SoS_Decision_Mr_Jonathan_Clayton_Redacted_web_decision.pdf- Sexual offences Act 2003 for which he was sentenced on 27 April 2020 ./SoS_Decision_Mr_Jonathan_Clayton_Redacted_web_decision.pdf: to 54 months imprisonment, an indefinite sexual harm prevention ./SoS_Decision_Mr_Jonathan_Clayton_Redacted_web_decision.pdf: order and indefinite registration on the sex offenders list. He was also ./SoS_Decision_Mr_Jonathan_Clayton_Redacted_web_decision.pdf- sentenced to pay £170.00 victim surcharge. ./SoS_Decision_Mr_Jonathan_Clayton_Redacted_web_decision.pdf- ./SoS_Decision_Mr_Jonathan_Clayton_Redacted_web_decision.pdf- b. 12 counts of Sexual Assault of female child under 13 on 21/03/19 ./SoS_Decision_Mr_Jonathan_Clayton_Redacted_web_decision.pdf- 03/05/19 contrary to Section 7 of the Sexual offences Act 2003 for ./SoS_Decision_Mr_Jonathan_Clayton_Redacted_web_decision.pdf- which he was sentenced on 27 April 2020 to 24 months imprisonment ./SoS_Decision_Mr_Jonathan_Clayton_Redacted_web_decision.pdf- to be served consecutively. ./SoS_Decision_Mr_Jonathan_Clayton_Redacted_web_decision.pdf- ./SoS_Decision_Mr_Jonathan_Clayton_Redacted_web_decision.pdf-Mr Clayton did not admit the facts of the allegations or that his conviction was for a ./SoS_Decision_Mr_Jonathan_Clayton_Redacted_web_decision.pdf-relevant offence. ./SoS_Decision_Mr_Jonathan_Clayton_Redacted_web_decision.pdf- -- ./SoS_Decision_Mr_Jonathan_Clayton_Redacted_web_decision.pdf- ./SoS_Decision_Mr_Jonathan_Clayton_Redacted_web_decision.pdf-Decision and reasons ./SoS_Decision_Mr_Jonathan_Clayton_Redacted_web_decision.pdf-The panel announced its decision and reasons as follows. ./SoS_Decision_Mr_Jonathan_Clayton_Redacted_web_decision.pdf- ./SoS_Decision_Mr_Jonathan_Clayton_Redacted_web_decision.pdf-The panel carefully considered the case before it and reached a decision. ./SoS_Decision_Mr_Jonathan_Clayton_Redacted_web_decision.pdf- ./SoS_Decision_Mr_Jonathan_Clayton_Redacted_web_decision.pdf-Mr Clayton was previously engaged on an agency basis by Vision for Education, a supply ./SoS_Decision_Mr_Jonathan_Clayton_Redacted_web_decision.pdf-teaching agency ("Vision"). ./SoS_Decision_Mr_Jonathan_Clayton_Redacted_web_decision.pdf- ./SoS_Decision_Mr_Jonathan_Clayton_Redacted_web_decision.pdf-The TRA received notification in this case that Mr Clayton had been charged with various ./SoS_Decision_Mr_Jonathan_Clayton_Redacted_web_decision.pdf:offences against children. It was confirmed that the allegations were of sexual assault ./SoS_Decision_Mr_Jonathan_Clayton_Redacted_web_decision.pdf-involving multiple victims, aged between 7 and 11 years. The offences were said to have ./SoS_Decision_Mr_Jonathan_Clayton_Redacted_web_decision.pdf-taken place between 21 March 2019 and 3 May 2019 at a Primary School in North ./SoS_Decision_Mr_Jonathan_Clayton_Redacted_web_decision.pdf-Yorkshire ("the School"). Mr Clayton had been placed at the School by Vision to provide ./SoS_Decision_Mr_Jonathan_Clayton_Redacted_web_decision.pdf-cover for a member of staff absent due to sickness. All of the alleged victims were said to ./SoS_Decision_Mr_Jonathan_Clayton_Redacted_web_decision.pdf-be pupils at the School. ./SoS_Decision_Mr_Jonathan_Clayton_Redacted_web_decision.pdf- ./SoS_Decision_Mr_Jonathan_Clayton_Redacted_web_decision.pdf:Mr Clayton was subsequently charged with sexual offences against children and ./SoS_Decision_Mr_Jonathan_Clayton_Redacted_web_decision.pdf-appeared at Teeside Crown Court to be tried. ./SoS_Decision_Mr_Jonathan_Clayton_Redacted_web_decision.pdf- ./SoS_Decision_Mr_Jonathan_Clayton_Redacted_web_decision.pdf-On 4 February 2020, Mr Clayton was convicted of assault of a child under 13 by ./SoS_Decision_Mr_Jonathan_Clayton_Redacted_web_decision.pdf-penetration and 12 counts of assault of a child under 13. He was sentenced on 27 April ./SoS_Decision_Mr_Jonathan_Clayton_Redacted_web_decision.pdf-2020. ./SoS_Decision_Mr_Jonathan_Clayton_Redacted_web_decision.pdf- ./SoS_Decision_Mr_Jonathan_Clayton_Redacted_web_decision.pdf-Findings of fact ./SoS_Decision_Mr_Jonathan_Clayton_Redacted_web_decision.pdf- ./SoS_Decision_Mr_Jonathan_Clayton_Redacted_web_decision.pdf-The findings of fact are as follows: ./SoS_Decision_Mr_Jonathan_Clayton_Redacted_web_decision.pdf- ./SoS_Decision_Mr_Jonathan_Clayton_Redacted_web_decision.pdf-1. On or around 4 February 2020 you were convicted at Teeside Crown Court of ./SoS_Decision_Mr_Jonathan_Clayton_Redacted_web_decision.pdf- the following offences; ./SoS_Decision_Mr_Jonathan_Clayton_Redacted_web_decision.pdf- ./SoS_Decision_Mr_Jonathan_Clayton_Redacted_web_decision.pdf- a. Assault on a female child under 13 by penetration of vagina/ anus with ./SoS_Decision_Mr_Jonathan_Clayton_Redacted_web_decision.pdf- part of body/object on 21/03/19- 03/05/19 contrary to Section 6 of the ./SoS_Decision_Mr_Jonathan_Clayton_Redacted_web_decision.pdf- Sexual offences Act 2003 for which you were sentenced on 27 April ./SoS_Decision_Mr_Jonathan_Clayton_Redacted_web_decision.pdf: 2020 to 54 months imprisonment, an indefinite sexual harm prevention ./SoS_Decision_Mr_Jonathan_Clayton_Redacted_web_decision.pdf: order and indefinite registration on the sex offenders list. You were ./SoS_Decision_Mr_Jonathan_Clayton_Redacted_web_decision.pdf- also sentenced to pay £170.00 victim surcharge. ./SoS_Decision_Mr_Jonathan_Clayton_Redacted_web_decision.pdf- ./SoS_Decision_Mr_Jonathan_Clayton_Redacted_web_decision.pdf- b. 12 counts of Sexual Assault of female child under 13 on 21/03/19 ./SoS_Decision_Mr_Jonathan_Clayton_Redacted_web_decision.pdf- 03/05/19 contrary to Section 7 of the Sexual offences Act 2003 for ./SoS_Decision_Mr_Jonathan_Clayton_Redacted_web_decision.pdf- ./SoS_Decision_Mr_Jonathan_Clayton_Redacted_web_decision.pdf- 7 ./SoS_Decision_Mr_Jonathan_Clayton_Redacted_web_decision.pdf- -- ./SoS_Decision_Mr_Jonathan_Clayton_Redacted_web_decision.pdf:duties at the School. They are sexual offences against young children in his care during ./SoS_Decision_Mr_Jonathan_Clayton_Redacted_web_decision.pdf-the course of the school day. In relation to the offence that was the subject of allegation ./SoS_Decision_Mr_Jonathan_Clayton_Redacted_web_decision.pdf-1(a), which involved penetration, the pupil victim was just 7 years old at the time. Plainly, ./SoS_Decision_Mr_Jonathan_Clayton_Redacted_web_decision.pdf-this was conduct at the most serious end of the spectrum. ./SoS_Decision_Mr_Jonathan_Clayton_Redacted_web_decision.pdf- ./SoS_Decision_Mr_Jonathan_Clayton_Redacted_web_decision.pdf-This was, accordingly, a case involving offences that the Advice states are likely to be ./SoS_Decision_Mr_Jonathan_Clayton_Redacted_web_decision.pdf:considered a relevant offence, namely sexual activity. ./SoS_Decision_Mr_Jonathan_Clayton_Redacted_web_decision.pdf- ./SoS_Decision_Mr_Jonathan_Clayton_Redacted_web_decision.pdf-Mr Clayton's behaviour in committing these offences plainly engaged public and child ./SoS_Decision_Mr_Jonathan_Clayton_Redacted_web_decision.pdf-protection issues. It directly impacted on the safety and security of children and raised ./SoS_Decision_Mr_Jonathan_Clayton_Redacted_web_decision.pdf:serious safeguarding concerns. In short, Mr Clayton is a convicted sex offender who ./SoS_Decision_Mr_Jonathan_Clayton_Redacted_web_decision.pdf-violated the rights and dignity of these young victims. ./SoS_Decision_Mr_Jonathan_Clayton_Redacted_web_decision.pdf- ./SoS_Decision_Mr_Jonathan_Clayton_Redacted_web_decision.pdf-The panel also took account of the way the teaching profession is viewed by others. The ./SoS_Decision_Mr_Jonathan_Clayton_Redacted_web_decision.pdf-panel considered that Mr Clayton's behaviour in committing these offences would ./SoS_Decision_Mr_Jonathan_Clayton_Redacted_web_decision.pdf-undoubtedly affect public confidence in the teaching profession, particularly given the ./SoS_Decision_Mr_Jonathan_Clayton_Redacted_web_decision.pdf-influence that teachers may have on pupils, parents and others in the community. His ./SoS_Decision_Mr_Jonathan_Clayton_Redacted_web_decision.pdf-conduct clearly and obviously ran counter to what should have been at the very core of ./SoS_Decision_Mr_Jonathan_Clayton_Redacted_web_decision.pdf-his practice as a teacher with a duty of care towards children to keep them safe. By virtue ./SoS_Decision_Mr_Jonathan_Clayton_Redacted_web_decision.pdf-of his position, Mr Clayton was also in a position of trust and responsibility. He had ./SoS_Decision_Mr_Jonathan_Clayton_Redacted_web_decision.pdf-abused that position. ./SoS_Decision_Mr_Jonathan_Clayton_Redacted_web_decision.pdf- ./SoS_Decision_Mr_Jonathan_Clayton_Redacted_web_decision.pdf-The panel also took account of the fact that Mr Clayton's behaviour ultimately led to a ./SoS_Decision_Mr_Jonathan_Clayton_Redacted_web_decision.pdf-sentence of imprisonment, which was indicative of the seriousness of the offences ./SoS_Decision_Mr_Jonathan_Clayton_Redacted_web_decision.pdf-committed. The public and child protection issues engaged by Mr Clayton's actions were ./SoS_Decision_Mr_Jonathan_Clayton_Redacted_web_decision.pdf-also amply demonstrated by the other aspects of the Court's sentence. Not least, Mr ./SoS_Decision_Mr_Jonathan_Clayton_Redacted_web_decision.pdf:Clayton has been placed on the sexual offenders register indefinitely. ./SoS_Decision_Mr_Jonathan_Clayton_Redacted_web_decision.pdf- ./SoS_Decision_Mr_Jonathan_Clayton_Redacted_web_decision.pdf-The panel did not consider there to be any relevant mitigating circumstances in relation to ./SoS_Decision_Mr_Jonathan_Clayton_Redacted_web_decision.pdf-the commission of these offences. ./SoS_Decision_Mr_Jonathan_Clayton_Redacted_web_decision.pdf- ./SoS_Decision_Mr_Jonathan_Clayton_Redacted_web_decision.pdf-In conclusion and for all these reasons, the panel found that the seriousness of the ./SoS_Decision_Mr_Jonathan_Clayton_Redacted_web_decision.pdf-offending behaviour that led to the conviction was directly relevant to Mr Clayton's ./SoS_Decision_Mr_Jonathan_Clayton_Redacted_web_decision.pdf-ongoing suitability to teach. The panel considered that a finding that this conviction was ./SoS_Decision_Mr_Jonathan_Clayton_Redacted_web_decision.pdf-for relevant offences was necessary to reaffirm clear standards of conduct so as to ./SoS_Decision_Mr_Jonathan_Clayton_Redacted_web_decision.pdf-maintain public confidence in the teaching profession. ./SoS_Decision_Mr_Jonathan_Clayton_Redacted_web_decision.pdf- -- ./SoS_Decision_Mr_Jonathan_Clayton_Redacted_web_decision.pdf- ./SoS_Decision_Mr_Jonathan_Clayton_Redacted_web_decision.pdf- • the protection of pupils and other members of the public; ./SoS_Decision_Mr_Jonathan_Clayton_Redacted_web_decision.pdf- ./SoS_Decision_Mr_Jonathan_Clayton_Redacted_web_decision.pdf- • the maintenance of public confidence in the profession; and ./SoS_Decision_Mr_Jonathan_Clayton_Redacted_web_decision.pdf- ./SoS_Decision_Mr_Jonathan_Clayton_Redacted_web_decision.pdf- • declaring and upholding proper standards of conduct. ./SoS_Decision_Mr_Jonathan_Clayton_Redacted_web_decision.pdf- ./SoS_Decision_Mr_Jonathan_Clayton_Redacted_web_decision.pdf-In the light of the serious nature of the offences for which Mr Clayton was convicted, ./SoS_Decision_Mr_Jonathan_Clayton_Redacted_web_decision.pdf-there was a strong public interest consideration in respect of the protection of pupils. ./SoS_Decision_Mr_Jonathan_Clayton_Redacted_web_decision.pdf-These were serious offences involving children in his care. Mr Clayton was, as a ./SoS_Decision_Mr_Jonathan_Clayton_Redacted_web_decision.pdf:consequence, a convicted sex offender. His actions raised obvious and significant public ./SoS_Decision_Mr_Jonathan_Clayton_Redacted_web_decision.pdf-and child protection concerns, as clearly recognised by the Court when imposing a ./SoS_Decision_Mr_Jonathan_Clayton_Redacted_web_decision.pdf-lengthy custodial sentence. ./SoS_Decision_Mr_Jonathan_Clayton_Redacted_web_decision.pdf- ./SoS_Decision_Mr_Jonathan_Clayton_Redacted_web_decision.pdf-The panel considered that public confidence in the profession would undoubtedly be very ./SoS_Decision_Mr_Jonathan_Clayton_Redacted_web_decision.pdf-seriously weakened if conduct such as that found against Mr Clayton was not treated ./SoS_Decision_Mr_Jonathan_Clayton_Redacted_web_decision.pdf-with the utmost seriousness when regulating the conduct of the profession. This was ./SoS_Decision_Mr_Jonathan_Clayton_Redacted_web_decision.pdf-conduct that was, very clearly, at the most serious end of the spectrum. ./SoS_Decision_Mr_Jonathan_Clayton_Redacted_web_decision.pdf- ./SoS_Decision_Mr_Jonathan_Clayton_Redacted_web_decision.pdf-For the same reasons, the panel decided that a strong public interest consideration in ./SoS_Decision_Mr_Jonathan_Clayton_Redacted_web_decision.pdf-declaring proper standards of conduct in the profession was also present. -- ./SoS_Decision_Mr_Jonathan_Clayton_Redacted_web_decision.pdf- ▪ serious departure from the personal and professional conduct elements of the ./SoS_Decision_Mr_Jonathan_Clayton_Redacted_web_decision.pdf- Teachers’ Standards; ./SoS_Decision_Mr_Jonathan_Clayton_Redacted_web_decision.pdf- ./SoS_Decision_Mr_Jonathan_Clayton_Redacted_web_decision.pdf- ▪ misconduct seriously affecting the education and/or well-being of pupils, and ./SoS_Decision_Mr_Jonathan_Clayton_Redacted_web_decision.pdf- particularly where there is a continuing risk; ./SoS_Decision_Mr_Jonathan_Clayton_Redacted_web_decision.pdf- ./SoS_Decision_Mr_Jonathan_Clayton_Redacted_web_decision.pdf- ▪ abuse of position or trust (particularly involving vulnerable pupils) or violation of the ./SoS_Decision_Mr_Jonathan_Clayton_Redacted_web_decision.pdf- rights of pupils; ./SoS_Decision_Mr_Jonathan_Clayton_Redacted_web_decision.pdf- ./SoS_Decision_Mr_Jonathan_Clayton_Redacted_web_decision.pdf: ▪ sexual misconduct, for example, involving actions that were sexually motivated or ./SoS_Decision_Mr_Jonathan_Clayton_Redacted_web_decision.pdf: of a sexual nature and/or that use or exploit the trust, knowledge or influence ./SoS_Decision_Mr_Jonathan_Clayton_Redacted_web_decision.pdf- derived from the individual’s professional position; ./SoS_Decision_Mr_Jonathan_Clayton_Redacted_web_decision.pdf- ./SoS_Decision_Mr_Jonathan_Clayton_Redacted_web_decision.pdf- ▪ the commission of a serious criminal offence, including those that resulted in a ./SoS_Decision_Mr_Jonathan_Clayton_Redacted_web_decision.pdf- conviction or caution, paying particular attention to offences that are ‘relevant ./SoS_Decision_Mr_Jonathan_Clayton_Redacted_web_decision.pdf- matters’ for the purposes of The Police Act 1997 and criminal record disclosures. ./SoS_Decision_Mr_Jonathan_Clayton_Redacted_web_decision.pdf- ./SoS_Decision_Mr_Jonathan_Clayton_Redacted_web_decision.pdf-Even though some of the behaviour found proved in this case indicated that a prohibition ./SoS_Decision_Mr_Jonathan_Clayton_Redacted_web_decision.pdf-order would be appropriate, the panel went on to consider the mitigating factors. ./SoS_Decision_Mr_Jonathan_Clayton_Redacted_web_decision.pdf-Mitigating factors may indicate that a prohibition order would not be appropriate or ./SoS_Decision_Mr_Jonathan_Clayton_Redacted_web_decision.pdf-proportionate. -- ./SoS_Decision_Mr_Jonathan_Clayton_Redacted_web_decision.pdf-The panel considered that there were some mitigating factors present in this case, ./SoS_Decision_Mr_Jonathan_Clayton_Redacted_web_decision.pdf-including: ./SoS_Decision_Mr_Jonathan_Clayton_Redacted_web_decision.pdf- ./SoS_Decision_Mr_Jonathan_Clayton_Redacted_web_decision.pdf- • Mr Clayton appeared to have had an otherwise good record. ./SoS_Decision_Mr_Jonathan_Clayton_Redacted_web_decision.pdf- ./SoS_Decision_Mr_Jonathan_Clayton_Redacted_web_decision.pdf- • Mr Clayton had engaged with the TRA to a limited extent in that he had, at least, ./SoS_Decision_Mr_Jonathan_Clayton_Redacted_web_decision.pdf- responded to the Notice. ./SoS_Decision_Mr_Jonathan_Clayton_Redacted_web_decision.pdf- ./SoS_Decision_Mr_Jonathan_Clayton_Redacted_web_decision.pdf-Weighed against this, the aggravating features in this case were that: ./SoS_Decision_Mr_Jonathan_Clayton_Redacted_web_decision.pdf- ./SoS_Decision_Mr_Jonathan_Clayton_Redacted_web_decision.pdf: • Mr Clayton had been convicted of very serious sexual offences involving children. ./SoS_Decision_Mr_Jonathan_Clayton_Redacted_web_decision.pdf- He had been sentenced to a lengthy term of imprisonment. ./SoS_Decision_Mr_Jonathan_Clayton_Redacted_web_decision.pdf- ./SoS_Decision_Mr_Jonathan_Clayton_Redacted_web_decision.pdf- • His actions involved direct harm and abuse to children. ./SoS_Decision_Mr_Jonathan_Clayton_Redacted_web_decision.pdf- ./SoS_Decision_Mr_Jonathan_Clayton_Redacted_web_decision.pdf- • There was no evidence of insight, regret or remorse. It was apparent that Mr ./SoS_Decision_Mr_Jonathan_Clayton_Redacted_web_decision.pdf- Clayton continued to deny the allegations, which he was of course entitled to do. ./SoS_Decision_Mr_Jonathan_Clayton_Redacted_web_decision.pdf- However, his conviction was a matter of fact, and the panel was not in a position ./SoS_Decision_Mr_Jonathan_Clayton_Redacted_web_decision.pdf- to go behind it. ./SoS_Decision_Mr_Jonathan_Clayton_Redacted_web_decision.pdf- ./SoS_Decision_Mr_Jonathan_Clayton_Redacted_web_decision.pdf- • His actions amounted to a clear breach of the Teachers' Standards and raised -- ./SoS_Decision_Mr_Jonathan_Clayton_Redacted_web_decision.pdf-The panel first considered whether it would be proportionate to conclude this case with ./SoS_Decision_Mr_Jonathan_Clayton_Redacted_web_decision.pdf-no recommendation of prohibition, considering whether the publication of the findings ./SoS_Decision_Mr_Jonathan_Clayton_Redacted_web_decision.pdf-made by the panel would be sufficient. ./SoS_Decision_Mr_Jonathan_Clayton_Redacted_web_decision.pdf- ./SoS_Decision_Mr_Jonathan_Clayton_Redacted_web_decision.pdf-The panel was of the view that, applying the standard of the ordinary intelligent citizen, it ./SoS_Decision_Mr_Jonathan_Clayton_Redacted_web_decision.pdf-would not be a proportionate and appropriate response to recommend no prohibition ./SoS_Decision_Mr_Jonathan_Clayton_Redacted_web_decision.pdf-order. Recommending that the publication of adverse findings was sufficient would ./SoS_Decision_Mr_Jonathan_Clayton_Redacted_web_decision.pdf-unacceptably compromise the public interest considerations present in this case, despite ./SoS_Decision_Mr_Jonathan_Clayton_Redacted_web_decision.pdf-the severity of the consequences for Mr Clayton of prohibition. ./SoS_Decision_Mr_Jonathan_Clayton_Redacted_web_decision.pdf- ./SoS_Decision_Mr_Jonathan_Clayton_Redacted_web_decision.pdf:Mr Clayton was a convicted sexual offender. He had been convicted of multiple, serious ./SoS_Decision_Mr_Jonathan_Clayton_Redacted_web_decision.pdf:sexual offences concerning children in his care. Mr Clayton's actions were fundamentally ./SoS_Decision_Mr_Jonathan_Clayton_Redacted_web_decision.pdf-incompatible with his being an educator. This was conduct of the most serious nature. ./SoS_Decision_Mr_Jonathan_Clayton_Redacted_web_decision.pdf-The nature and gravity of these offences was a matter of significant concern. ./SoS_Decision_Mr_Jonathan_Clayton_Redacted_web_decision.pdf- ./SoS_Decision_Mr_Jonathan_Clayton_Redacted_web_decision.pdf-Mr Clayton's behaviour led to him receiving a lengthy sentence of imprisonment, which is ./SoS_Decision_Mr_Jonathan_Clayton_Redacted_web_decision.pdf-indicative of the seriousness of the offence. ./SoS_Decision_Mr_Jonathan_Clayton_Redacted_web_decision.pdf- ./SoS_Decision_Mr_Jonathan_Clayton_Redacted_web_decision.pdf-There were, accordingly, particularly strong public interest considerations in this case in ./SoS_Decision_Mr_Jonathan_Clayton_Redacted_web_decision.pdf-terms of protecting children, public confidence in the teaching profession and the ./SoS_Decision_Mr_Jonathan_Clayton_Redacted_web_decision.pdf-declaring and upholding of proper standards of conduct. ./SoS_Decision_Mr_Jonathan_Clayton_Redacted_web_decision.pdf- -- ./SoS_Decision_Mr_Jonathan_Clayton_Redacted_web_decision.pdf-The Advice indicates that there are behaviours that, if proved, would militate against the ./SoS_Decision_Mr_Jonathan_Clayton_Redacted_web_decision.pdf:recommendation of a review period. These behaviours include serious sexual ./SoS_Decision_Mr_Jonathan_Clayton_Redacted_web_decision.pdf:misconduct, such as where the act was sexually motivated and resulted in, or had the ./SoS_Decision_Mr_Jonathan_Clayton_Redacted_web_decision.pdf-potential to result in, harm to a person or persons, particularly where the individual has ./SoS_Decision_Mr_Jonathan_Clayton_Redacted_web_decision.pdf-used his professional position to influence or exploit a person or persons. ./SoS_Decision_Mr_Jonathan_Clayton_Redacted_web_decision.pdf- ./SoS_Decision_Mr_Jonathan_Clayton_Redacted_web_decision.pdf-This was, clearly, directly applicable in this case and Mr Clayton's action involved harm ./SoS_Decision_Mr_Jonathan_Clayton_Redacted_web_decision.pdf-and abuse to children. ./SoS_Decision_Mr_Jonathan_Clayton_Redacted_web_decision.pdf- ./SoS_Decision_Mr_Jonathan_Clayton_Redacted_web_decision.pdf-Mr Clayton continued to deny his actions, which he was entitled to do. Admitting ./SoS_Decision_Mr_Jonathan_Clayton_Redacted_web_decision.pdf-misconduct is not a precondition to demonstrating insight. However, in this instance, ./SoS_Decision_Mr_Jonathan_Clayton_Redacted_web_decision.pdf-there was nothing before the panel to allow it to form any view as to whether Mr Clayton ./SoS_Decision_Mr_Jonathan_Clayton_Redacted_web_decision.pdf-had any insight, regret or remorse in relation to any aspect of what occurred. There was ./SoS_Decision_Mr_Jonathan_Clayton_Redacted_web_decision.pdf-no indication that he had an awareness that any aspects of his conduct raised, for ./SoS_Decision_Mr_Jonathan_Clayton_Redacted_web_decision.pdf-example, safeguarding concerns. As a consequence, the panel concluded that Mr ./SoS_Decision_Mr_Jonathan_Clayton_Redacted_web_decision.pdf-Clayton continues to present a risk to the public. That was reflected in Mr Clayton ./SoS_Decision_Mr_Jonathan_Clayton_Redacted_web_decision.pdf:remaining on the sex offenders register indefinitely. ./SoS_Decision_Mr_Jonathan_Clayton_Redacted_web_decision.pdf- ./SoS_Decision_Mr_Jonathan_Clayton_Redacted_web_decision.pdf-The panel decided that the findings indicated a situation in which a review period would ./SoS_Decision_Mr_Jonathan_Clayton_Redacted_web_decision.pdf-not be appropriate. ./SoS_Decision_Mr_Jonathan_Clayton_Redacted_web_decision.pdf- ./SoS_Decision_Mr_Jonathan_Clayton_Redacted_web_decision.pdf-The nature and seriousness of the offences in this case necessitated the prohibition ./SoS_Decision_Mr_Jonathan_Clayton_Redacted_web_decision.pdf-order to be recommended without provision for a review period. The public interest ./SoS_Decision_Mr_Jonathan_Clayton_Redacted_web_decision.pdf-considerations that Mr Clayton's conviction gives rise to were such that this was ./SoS_Decision_Mr_Jonathan_Clayton_Redacted_web_decision.pdf:necessary, appropriate and proportionate. As a convicted sexual offender in relation to ./SoS_Decision_Mr_Jonathan_Clayton_Redacted_web_decision.pdf-multiple offences involving children in his care, Mr Clayton's actions are fundamentally ./SoS_Decision_Mr_Jonathan_Clayton_Redacted_web_decision.pdf-incompatible with his being a teacher. ./SoS_Decision_Mr_Jonathan_Clayton_Redacted_web_decision.pdf- ./SoS_Decision_Mr_Jonathan_Clayton_Redacted_web_decision.pdf- ./SoS_Decision_Mr_Jonathan_Clayton_Redacted_web_decision.pdf-Decision and reasons on behalf of the Secretary of State ./SoS_Decision_Mr_Jonathan_Clayton_Redacted_web_decision.pdf-I have given very careful consideration to this case and to the recommendation of the ./SoS_Decision_Mr_Jonathan_Clayton_Redacted_web_decision.pdf-panel in respect of both sanction and review period. ./SoS_Decision_Mr_Jonathan_Clayton_Redacted_web_decision.pdf- ./SoS_Decision_Mr_Jonathan_Clayton_Redacted_web_decision.pdf-In considering this case, I have also given very careful attention to the Advice that the ./SoS_Decision_Mr_Jonathan_Clayton_Redacted_web_decision.pdf-Secretary of State has published concerning the prohibition of teachers. -- ./SoS_Decision_Mr_Jonathan_Clayton_Redacted_web_decision.pdf- ▪ Teachers must have proper and professional regard for the ethos, policies and ./SoS_Decision_Mr_Jonathan_Clayton_Redacted_web_decision.pdf- practices of the school in which they teach. ./SoS_Decision_Mr_Jonathan_Clayton_Redacted_web_decision.pdf- ./SoS_Decision_Mr_Jonathan_Clayton_Redacted_web_decision.pdf- ▪ Teachers must have an understanding of, and always act within, the statutory ./SoS_Decision_Mr_Jonathan_Clayton_Redacted_web_decision.pdf- frameworks which set out their professional duties and responsibilities. ./SoS_Decision_Mr_Jonathan_Clayton_Redacted_web_decision.pdf- ./SoS_Decision_Mr_Jonathan_Clayton_Redacted_web_decision.pdf-The panel finds that the conduct of Mr Clayton fell significantly short of the standards ./SoS_Decision_Mr_Jonathan_Clayton_Redacted_web_decision.pdf-expected of the profession. ./SoS_Decision_Mr_Jonathan_Clayton_Redacted_web_decision.pdf- ./SoS_Decision_Mr_Jonathan_Clayton_Redacted_web_decision.pdf-The findings of misconduct are particularly serious as they include a conviction of two ./SoS_Decision_Mr_Jonathan_Clayton_Redacted_web_decision.pdf:offences, including assault of a child under the age of 13 and 12 counts of sexual assault ./SoS_Decision_Mr_Jonathan_Clayton_Redacted_web_decision.pdf:of a child under 13, contrary to the sexual offences act. A conviction that led to a term of ./SoS_Decision_Mr_Jonathan_Clayton_Redacted_web_decision.pdf-imprisonment. ./SoS_Decision_Mr_Jonathan_Clayton_Redacted_web_decision.pdf- ./SoS_Decision_Mr_Jonathan_Clayton_Redacted_web_decision.pdf-I have to determine whether the imposition of a prohibition order is proportionate and in ./SoS_Decision_Mr_Jonathan_Clayton_Redacted_web_decision.pdf-the public interest. In considering that for this case, I have considered the overall aim of a ./SoS_Decision_Mr_Jonathan_Clayton_Redacted_web_decision.pdf-prohibition order which is to protect pupils and to maintain public confidence in the ./SoS_Decision_Mr_Jonathan_Clayton_Redacted_web_decision.pdf-profession. I have considered the extent to which a prohibition order in this case would ./SoS_Decision_Mr_Jonathan_Clayton_Redacted_web_decision.pdf-achieve that aim taking into account the impact that it will have on the individual teacher. ./SoS_Decision_Mr_Jonathan_Clayton_Redacted_web_decision.pdf-I have also asked myself, whether a less intrusive measure, such as the published ./SoS_Decision_Mr_Jonathan_Clayton_Redacted_web_decision.pdf-finding of unacceptable professional conduct and conduct that may bring the profession ./SoS_Decision_Mr_Jonathan_Clayton_Redacted_web_decision.pdf-into disrepute, would itself be sufficient to achieve the overall aim. I have to consider ./SoS_Decision_Mr_Jonathan_Clayton_Redacted_web_decision.pdf-whether the consequences of such a publication are themselves sufficient. I have ./SoS_Decision_Mr_Jonathan_Clayton_Redacted_web_decision.pdf-considered therefore whether or not prohibiting Mr Clayton, and the impact that will have ./SoS_Decision_Mr_Jonathan_Clayton_Redacted_web_decision.pdf-on him, is proportionate and in the public interest. ./SoS_Decision_Mr_Jonathan_Clayton_Redacted_web_decision.pdf- ./SoS_Decision_Mr_Jonathan_Clayton_Redacted_web_decision.pdf-In this case, I have considered the extent to which a prohibition order would protect ./SoS_Decision_Mr_Jonathan_Clayton_Redacted_web_decision.pdf-children. The panel has observed, “Mr Clayton's behaviour in committing these offences ./SoS_Decision_Mr_Jonathan_Clayton_Redacted_web_decision.pdf-plainly engaged public and child protection issues. It directly impacted on the safety and ./SoS_Decision_Mr_Jonathan_Clayton_Redacted_web_decision.pdf-security of children and raised serious safeguarding concerns. In short, Mr Clayton is a ./SoS_Decision_Mr_Jonathan_Clayton_Redacted_web_decision.pdf:convicted sex offender who violated the rights and dignity of these young victims”. A ./SoS_Decision_Mr_Jonathan_Clayton_Redacted_web_decision.pdf-prohibition order would therefore prevent such a risk from being present in the future. ./SoS_Decision_Mr_Jonathan_Clayton_Redacted_web_decision.pdf- ./SoS_Decision_Mr_Jonathan_Clayton_Redacted_web_decision.pdf-I have also taken into account the panel’s comments on insight and remorse, which the ./SoS_Decision_Mr_Jonathan_Clayton_Redacted_web_decision.pdf-panel sets out as follows, “There was no evidence of insight, regret or remorse. It was ./SoS_Decision_Mr_Jonathan_Clayton_Redacted_web_decision.pdf-apparent that Mr Clayton continued to deny the allegations, which he was of course ./SoS_Decision_Mr_Jonathan_Clayton_Redacted_web_decision.pdf- ./SoS_Decision_Mr_Jonathan_Clayton_Redacted_web_decision.pdf- ./SoS_Decision_Mr_Jonathan_Clayton_Redacted_web_decision.pdf- 14 ./SoS_Decision_Mr_Jonathan_Clayton_Redacted_web_decision.pdf- -- ./SoS_Decision_Mr_Jonathan_Clayton_Redacted_web_decision.pdf-public of his contribution to the profession for the period that it is in force. ./SoS_Decision_Mr_Jonathan_Clayton_Redacted_web_decision.pdf- ./SoS_Decision_Mr_Jonathan_Clayton_Redacted_web_decision.pdf-In this case, I have placed considerable weight on the panel’s comments concerning the ./SoS_Decision_Mr_Jonathan_Clayton_Redacted_web_decision.pdf-lack of insight or remorse. The panel has said, “Mr Clayton continued to deny his actions, ./SoS_Decision_Mr_Jonathan_Clayton_Redacted_web_decision.pdf-which he was entitled to do. Admitting misconduct is not a precondition to demonstrating ./SoS_Decision_Mr_Jonathan_Clayton_Redacted_web_decision.pdf-insight. However, in this instance, there was nothing before the panel to allow it to form ./SoS_Decision_Mr_Jonathan_Clayton_Redacted_web_decision.pdf-any view as to whether Mr Clayton had any insight, regret or remorse in relation to any ./SoS_Decision_Mr_Jonathan_Clayton_Redacted_web_decision.pdf-aspect of what occurred. There was no indication that he had an awareness that any ./SoS_Decision_Mr_Jonathan_Clayton_Redacted_web_decision.pdf-aspects of his conduct raised, for example, safeguarding concerns. As a consequence, ./SoS_Decision_Mr_Jonathan_Clayton_Redacted_web_decision.pdf-the panel concluded that Mr Clayton continues to present a risk to the public. That was ./SoS_Decision_Mr_Jonathan_Clayton_Redacted_web_decision.pdf:reflected in Mr Clayton remaining on the sex offenders register indefinitely.” ./SoS_Decision_Mr_Jonathan_Clayton_Redacted_web_decision.pdf- ./SoS_Decision_Mr_Jonathan_Clayton_Redacted_web_decision.pdf-I have also given considerable weight to the protection of children “The panel determined ./SoS_Decision_Mr_Jonathan_Clayton_Redacted_web_decision.pdf-that Mr Clayton's actions were clearly and unarguably relevant to teaching, working with ./SoS_Decision_Mr_Jonathan_Clayton_Redacted_web_decision.pdf- ./SoS_Decision_Mr_Jonathan_Clayton_Redacted_web_decision.pdf- ./SoS_Decision_Mr_Jonathan_Clayton_Redacted_web_decision.pdf- 15 ./SoS_Decision_Mr_Jonathan_Clayton_Redacted_web_decision.pdf- -- ./SoS_Decision_Mr_Jonathan_Clayton_Redacted_web_decision.pdf-children and working in an education setting. Each of these offences were extremely ./SoS_Decision_Mr_Jonathan_Clayton_Redacted_web_decision.pdf-serious in nature and occurred in the course of Mr Clayton's duties at the School. They ./SoS_Decision_Mr_Jonathan_Clayton_Redacted_web_decision.pdf:are sexual offences against young children in his care during the course of the school ./SoS_Decision_Mr_Jonathan_Clayton_Redacted_web_decision.pdf-day. In relation to the offence that was the subject of allegation 1(a), which involved ./SoS_Decision_Mr_Jonathan_Clayton_Redacted_web_decision.pdf-penetration, the pupil victim was just 7 years old at the time. Plainly, this was conduct at ./SoS_Decision_Mr_Jonathan_Clayton_Redacted_web_decision.pdf-the most serious end of the spectrum.” ./SoS_Decision_Mr_Jonathan_Clayton_Redacted_web_decision.pdf- ./SoS_Decision_Mr_Jonathan_Clayton_Redacted_web_decision.pdf-I have given less weight in my consideration of sanction therefore, to the contribution that ./SoS_Decision_Mr_Jonathan_Clayton_Redacted_web_decision.pdf-Mr Clayton has made to the profession. In my view, it is necessary to impose a ./SoS_Decision_Mr_Jonathan_Clayton_Redacted_web_decision.pdf-prohibition order in order to maintain public confidence in the profession. A published ./SoS_Decision_Mr_Jonathan_Clayton_Redacted_web_decision.pdf-decision, in light of the circumstances in this case, that is not backed up by remorse or ./SoS_Decision_Mr_Jonathan_Clayton_Redacted_web_decision.pdf-insight, does not in my view satisfy the public interest requirement concerning public ./SoS_Decision_Mr_Jonathan_Clayton_Redacted_web_decision.pdf-confidence in the profession. ./SoS_Decision_Mr_Jonathan_Clayton_Redacted_web_decision.pdf- ./SoS_Decision_Mr_Jonathan_Clayton_Redacted_web_decision.pdf-For these reasons, I have concluded that a prohibition order is proportionate and in the ./SoS_Decision_Mr_Jonathan_Clayton_Redacted_web_decision.pdf-public interest in order to achieve the intended aims of a prohibition order. ./SoS_Decision_Mr_Jonathan_Clayton_Redacted_web_decision.pdf- ./SoS_Decision_Mr_Jonathan_Clayton_Redacted_web_decision.pdf-I have gone on to consider the matter of a review period. In this case, the panel has ./SoS_Decision_Mr_Jonathan_Clayton_Redacted_web_decision.pdf-recommended that no provision should be made for a review period. ./SoS_Decision_Mr_Jonathan_Clayton_Redacted_web_decision.pdf- ./SoS_Decision_Mr_Jonathan_Clayton_Redacted_web_decision.pdf-I have considered the panel’s comments “The nature and seriousness of the offences in ./SoS_Decision_Mr_Jonathan_Clayton_Redacted_web_decision.pdf-this case necessitated the prohibition order to be recommended without provision for a ./SoS_Decision_Mr_Jonathan_Clayton_Redacted_web_decision.pdf-review period. The public interest considerations that Mr Clayton's conviction gives rise to ./SoS_Decision_Mr_Jonathan_Clayton_Redacted_web_decision.pdf:were such that this was necessary, appropriate and proportionate. As a convicted sexual ./SoS_Decision_Mr_Jonathan_Clayton_Redacted_web_decision.pdf-offender in relation to multiple offences involving children in his care, Mr Clayton's actions ./SoS_Decision_Mr_Jonathan_Clayton_Redacted_web_decision.pdf-are fundamentally incompatible with his being a teacher.” ./SoS_Decision_Mr_Jonathan_Clayton_Redacted_web_decision.pdf- ./SoS_Decision_Mr_Jonathan_Clayton_Redacted_web_decision.pdf-I have considered whether allowing for no review period reflects the seriousness of the ./SoS_Decision_Mr_Jonathan_Clayton_Redacted_web_decision.pdf-findings and is a proportionate period to achieve the aim of maintaining public confidence ./SoS_Decision_Mr_Jonathan_Clayton_Redacted_web_decision.pdf-in the profession. In this case, two factors mean that a two-year review period is not ./SoS_Decision_Mr_Jonathan_Clayton_Redacted_web_decision.pdf-sufficient to achieve the aim of maintaining public confidence in the profession. These ./SoS_Decision_Mr_Jonathan_Clayton_Redacted_web_decision.pdf-elements are the seriousness of the conviction involving young children who were in his ./SoS_Decision_Mr_Jonathan_Clayton_Redacted_web_decision.pdf-care and the lack of either insight or remorse. ./SoS_Decision_Mr_Jonathan_Clayton_Redacted_web_decision.pdf- ./SoS_Decision__Hughes_15894_.pdf- a. exchanging one or more messages with Child A via text and/or Snapchat; ./SoS_Decision__Hughes_15894_.pdf- ./SoS_Decision__Hughes_15894_.pdf- b. engaging in a phone call with Child A on one occasion or more; ./SoS_Decision__Hughes_15894_.pdf- ./SoS_Decision__Hughes_15894_.pdf- c. sending Child A a photograph of himself on at least one occasion; ./SoS_Decision__Hughes_15894_.pdf- ./SoS_Decision__Hughes_15894_.pdf- 2. His communication with Child A as may be found at 1.a – 1.c above was: ./SoS_Decision__Hughes_15894_.pdf- ./SoS_Decision__Hughes_15894_.pdf- a. flirtatious; ./SoS_Decision__Hughes_15894_.pdf- ./SoS_Decision__Hughes_15894_.pdf: b. sexually motivated. ./SoS_Decision__Hughes_15894_.pdf- ./SoS_Decision__Hughes_15894_.pdf-Mr Hughes admitted the facts of allegation 1. He denied allegation 2 in its entirety. ./SoS_Decision__Hughes_15894_.pdf- ./SoS_Decision__Hughes_15894_.pdf-Mr Hughes denied that his conduct amounted to unacceptable professional conduct but ./SoS_Decision__Hughes_15894_.pdf-admitted, in relation to allegation 1, that his conduct was such that it may bring the ./SoS_Decision__Hughes_15894_.pdf-profession into disrepute. ./SoS_Decision__Hughes_15894_.pdf- ./SoS_Decision__Hughes_15894_.pdf- ./SoS_Decision__Hughes_15894_.pdf-C. Preliminary application ./SoS_Decision__Hughes_15894_.pdf-There were no preliminary applications. -- ./SoS_Decision__Hughes_15894_.pdf- ./SoS_Decision__Hughes_15894_.pdf-Mr Hughes admitted that, by sending photographs to Child A, he had engaged in ./SoS_Decision__Hughes_15894_.pdf-inappropriate communication with a child. ./SoS_Decision__Hughes_15894_.pdf- ./SoS_Decision__Hughes_15894_.pdf-The panel agreed that Mr Hughes' conduct was certainly inappropriate and was such that ./SoS_Decision__Hughes_15894_.pdf-he had failed to maintain professional standards and appropriate professional ./SoS_Decision__Hughes_15894_.pdf-boundaries. Mr Hughes should not have sent any photographs of himself to Child A given ./SoS_Decision__Hughes_15894_.pdf-his status as a teacher and the disparity in their ages. With reference to the specific ./SoS_Decision__Hughes_15894_.pdf-example included within the evidence, the panel considered that this was very troubling ./SoS_Decision__Hughes_15894_.pdf-given its nature and Child A's age. In oral evidence, Mr Hughes accepted that, outside of ./SoS_Decision__Hughes_15894_.pdf:the context in which he says the picture was sent, it could be perceived as being sexually ./SoS_Decision__Hughes_15894_.pdf-suggestive. He was unable to provide a satisfactory explanation to the panel as to his ./SoS_Decision__Hughes_15894_.pdf-motivation for sending the particular photograph evidenced. ./SoS_Decision__Hughes_15894_.pdf- ./SoS_Decision__Hughes_15894_.pdf-The panel therefore found allegation 1.c proven. ./SoS_Decision__Hughes_15894_.pdf- ./SoS_Decision__Hughes_15894_.pdf- 2. Your communication with Child A as may be found proven at 1.a – 1.c above ./SoS_Decision__Hughes_15894_.pdf- was: ./SoS_Decision__Hughes_15894_.pdf- ./SoS_Decision__Hughes_15894_.pdf- a. flirtatious ./SoS_Decision__Hughes_15894_.pdf- -- ./SoS_Decision__Hughes_15894_.pdf-It had regard to the following dictionary definition of 'flirtatious' referred to within the legal ./SoS_Decision__Hughes_15894_.pdf-advice, namely: ./SoS_Decision__Hughes_15894_.pdf- ./SoS_Decision__Hughes_15894_.pdf: "Behaving in such a way as to suggest a playful sexual attraction to someone" ./SoS_Decision__Hughes_15894_.pdf- ./SoS_Decision__Hughes_15894_.pdf-The presenting officer put forward a definition that the ordinary meaning of 'flirtatious' could ./SoS_Decision__Hughes_15894_.pdf-be taken as playful behaviour but with no serious intentions. ./SoS_Decision__Hughes_15894_.pdf- ./SoS_Decision__Hughes_15894_.pdf-The presenting officer submitted that, taking into account of all of the circumstances, Mr ./SoS_Decision__Hughes_15894_.pdf-Hughes' conduct was such that he did behave in a flirtatious manner in his communications ./SoS_Decision__Hughes_15894_.pdf-with Child A. ./SoS_Decision__Hughes_15894_.pdf- ./SoS_Decision__Hughes_15894_.pdf-This was denied by Mr Hughes. He did not accept that there was ever any intent on his ./SoS_Decision__Hughes_15894_.pdf-part to act flirtatiously. -- ./SoS_Decision__Hughes_15894_.pdf-  the use of symbols/emojis in messages to symbolise affection; ./SoS_Decision__Hughes_15894_.pdf-  the use of kisses; and ./SoS_Decision__Hughes_15894_.pdf-  expressions of regard and/or flattery, for example comments relating to Child A's ./SoS_Decision__Hughes_15894_.pdf- hair. ./SoS_Decision__Hughes_15894_.pdf- ./SoS_Decision__Hughes_15894_.pdf-In arriving at this conclusion, the panel placed particular emphasis upon the definition of ./SoS_Decision__Hughes_15894_.pdf-'flirtatious' put to it referring to behaviour suggesting a playful attraction. ./SoS_Decision__Hughes_15894_.pdf- ./SoS_Decision__Hughes_15894_.pdf-For these reasons, the panel therefore found allegation 2.a proven. ./SoS_Decision__Hughes_15894_.pdf- ./SoS_Decision__Hughes_15894_.pdf: b. sexually motivated ./SoS_Decision__Hughes_15894_.pdf- ./SoS_Decision__Hughes_15894_.pdf-In light of the panel's findings in relation to allegation 1, it went on to consider whether Mr ./SoS_Decision__Hughes_15894_.pdf:Hughes' actions were sexually motivated. ./SoS_Decision__Hughes_15894_.pdf- ./SoS_Decision__Hughes_15894_.pdf-The panel was invited by the presenting officer to conclude that the appropriate inference ./SoS_Decision__Hughes_15894_.pdf:to draw from all the circumstances was that Mr Hughes' actions were sexually motivated. ./SoS_Decision__Hughes_15894_.pdf- ./SoS_Decision__Hughes_15894_.pdf-Mr Hughes denied the allegation. He denied having any improper motive and stated that ./SoS_Decision__Hughes_15894_.pdf-he had always regarded the students at the Academy, including Child A, as friends. He ./SoS_Decision__Hughes_15894_.pdf:stated that he was not sexually attracted to Child A. In his witness statement to the panel, ./SoS_Decision__Hughes_15894_.pdf-he stated that "it did not occur to me at the time we began to dance together that she was ./SoS_Decision__Hughes_15894_.pdf-anything other than a dancing partner and friend through dancing". ./SoS_Decision__Hughes_15894_.pdf- ./SoS_Decision__Hughes_15894_.pdf-Whilst he accepted it was foolish, with hindsight, to have used pseudonyms in the ./SoS_Decision__Hughes_15894_.pdf-communications he denied that this was an attempt to conceal matters and asserted it was ./SoS_Decision__Hughes_15894_.pdf-simply a consequence of a shared interest in the Harry Potter books. ./SoS_Decision__Hughes_15894_.pdf- ./SoS_Decision__Hughes_15894_.pdf- ./SoS_Decision__Hughes_15894_.pdf- ./SoS_Decision__Hughes_15894_.pdf- -- ./SoS_Decision__Hughes_15894_.pdf:The panel took careful account of Mr Hughes' denial that he had any sexual feelings ./SoS_Decision__Hughes_15894_.pdf:towards Child A and that he was not sexually motivated. It also had careful regard to his ./SoS_Decision__Hughes_15894_.pdf-prior good history and the fact that he was a person of otherwise good character. ./SoS_Decision__Hughes_15894_.pdf- ./SoS_Decision__Hughes_15894_.pdf-However, the panel considered certain elements of the evidence to be troubling. ./SoS_Decision__Hughes_15894_.pdf- ./SoS_Decision__Hughes_15894_.pdf-The panel's findings in relation to allegation 1 were such that Mr Hughes had engaged in ./SoS_Decision__Hughes_15894_.pdf-inappropriate behaviour. ./SoS_Decision__Hughes_15894_.pdf- ./SoS_Decision__Hughes_15894_.pdf-The most egregious example of his conduct was the photograph sent by Mr Hughes which ./SoS_Decision__Hughes_15894_.pdf-was a matter of serious concern. As already noted, Mr Hughes was unable to provide a ./SoS_Decision__Hughes_15894_.pdf-satisfactory explanation to the panel as to his motivation for sending the photograph. -- ./SoS_Decision__Hughes_15894_.pdf-Snapchat. They also spoke on at least one occasion. There was talk within the messages ./SoS_Decision__Hughes_15894_.pdf-of future discussions on FaceTime and to a possible trip to London. In these ./SoS_Decision__Hughes_15894_.pdf-circumstances the panel considered that, taken as a whole, the communications ./SoS_Decision__Hughes_15894_.pdf-demonstrated an increasing intimacy and closeness between Child A and Mr Hughes. ./SoS_Decision__Hughes_15894_.pdf- ./SoS_Decision__Hughes_15894_.pdf-Despite these concerns, the panel was mindful of the fact that the burden of proof rested ./SoS_Decision__Hughes_15894_.pdf-with the presenting officer. ./SoS_Decision__Hughes_15894_.pdf- ./SoS_Decision__Hughes_15894_.pdf-On the balance of probabilities and having considered the evidence in its entirety, the ./SoS_Decision__Hughes_15894_.pdf-panel did not find that the National College had proved to the requisite standard that Mr ./SoS_Decision__Hughes_15894_.pdf:Hughes' conduct was sexually motivated. He had clearly lost sight of his professional ./SoS_Decision__Hughes_15894_.pdf-status and allowed boundaries to become seriously blurred. However, the panel was not ./SoS_Decision__Hughes_15894_.pdf-satisfied that Mr Hughes' conduct in relation to the facts found proved in allegation 1 was ./SoS_Decision__Hughes_15894_.pdf:for the purpose of sexual gratification. ./SoS_Decision__Hughes_15894_.pdf- ./SoS_Decision__Hughes_15894_.pdf-Whilst the panel had concluded that Mr Hughes had behaved in a way that could be ./SoS_Decision__Hughes_15894_.pdf-described as flirtatious, after serious and extensive debate, it did not consider that, on ./SoS_Decision__Hughes_15894_.pdf-balance, there was sufficient evidence to support the contention that Mr Hughes' conduct ./SoS_Decision__Hughes_15894_.pdf:could appropriately be described as being sexually motivated. ./SoS_Decision__Hughes_15894_.pdf- ./SoS_Decision__Hughes_15894_.pdf-Whilst Mr Hughes had sent a picture of himself to Child A which was extremely ./SoS_Decision__Hughes_15894_.pdf:concerning, the panel was prepared to accept his explanation that there was no sexual ./SoS_Decision__Hughes_15894_.pdf-intent behind his actions. This was despite the panel's misgivings in circumstances where ./SoS_Decision__Hughes_15894_.pdf-Mr Hughes had provided no explanation as to his precise motive for sending the picture. ./SoS_Decision__Hughes_15894_.pdf-On balance, the panel considered that his evidence was credible. ./SoS_Decision__Hughes_15894_.pdf- ./SoS_Decision__Hughes_15894_.pdf-The panel therefore concluded that, on balance, there was insufficient evidence to ./SoS_Decision__Hughes_15894_.pdf:support the suggestion that Mr Hughes had a specific, sexual interest in Child A. ./SoS_Decision__Hughes_15894_.pdf- ./SoS_Decision__Hughes_15894_.pdf-The panel noted that there was a reference within the hearing papers to the view ./SoS_Decision__Hughes_15894_.pdf-expressed by the police as regards Mr Hughes behaviour, namely "very poor judgment ./SoS_Decision__Hughes_15894_.pdf-has been made and [he] has been very stupid." The panel agreed that this was a fair ./SoS_Decision__Hughes_15894_.pdf-summation of Mr Hughes' conduct and was of the view that he presented as a naïve and ./SoS_Decision__Hughes_15894_.pdf-immature young man. ./SoS_Decision__Hughes_15894_.pdf- ./SoS_Decision__Hughes_15894_.pdf-On that basis and for the above reasons the panel finds allegation 2.b not proven in ./SoS_Decision__Hughes_15894_.pdf-relation to Mr Hughes' conduct at allegation 1. ./SoS_Decision__Hughes_15894_.pdf- ./SoS_decision__Tansey.pdf-Aylesbury Grammar School, Aylesbury, he: ./SoS_decision__Tansey.pdf- ./SoS_decision__Tansey.pdf- 1. Met Child A on or around 26 May 2012, a Child that he knew was 15, having met ./SoS_decision__Tansey.pdf- Child A on a dating site; ./SoS_decision__Tansey.pdf- 2. Kissed Child A on one or more occasion; ./SoS_decision__Tansey.pdf- 3. Held hands with Child A; ./SoS_decision__Tansey.pdf- 4. Agreed that he would meet Child A on a future occasion; ./SoS_decision__Tansey.pdf- 5. Continued to communicate with Child A after 26 May 2012, including that he sent ./SoS_decision__Tansey.pdf- Child A a message on a dating website after the Police Investigation in ./SoS_decision__Tansey.pdf- approximately June 2013; ./SoS_decision__Tansey.pdf: 6. The above behaviour constituting conduct of a sexual nature. ./SoS_decision__Tansey.pdf-Mr Tansey admitted allegations 1 to 5, clarifying that there were only two kisses, both on ./SoS_decision__Tansey.pdf-the lips, with mouths closed. ./SoS_decision__Tansey.pdf- ./SoS_decision__Tansey.pdf-Mr Tansey did not admit allegation 6, nor that his behaviour amounted to unacceptable ./SoS_decision__Tansey.pdf-professional conduct or conduct that may bring the profession into disrepute. ./SoS_decision__Tansey.pdf- ./SoS_decision__Tansey.pdf- ./SoS_decision__Tansey.pdf-C. Preliminary applications ./SoS_decision__Tansey.pdf-The panel dealt with two preliminary applications. ./SoS_decision__Tansey.pdf- -- ./SoS_decision__Tansey.pdf-disciplinary process at Aylesbury Grammar School. Further, in respect of allegations 4 ./SoS_decision__Tansey.pdf-and 5, it was evident from the documentary evidence that Mr Tansey had continued ./SoS_decision__Tansey.pdf-communications with Child A after his police interview and led her to believe that they ./SoS_decision__Tansey.pdf-would meet again on a future occasion. Therefore the panel finds allegations 1 to 5 ./SoS_decision__Tansey.pdf-proven. ./SoS_decision__Tansey.pdf- ./SoS_decision__Tansey.pdf-The panel has found the following particular of the allegations against Mr Tansey proven, ./SoS_decision__Tansey.pdf-for these reasons: ./SoS_decision__Tansey.pdf- ./SoS_decision__Tansey.pdf-Allegation 6: The behaviour [set in out allegations 1 to 5] constituting conduct of a ./SoS_decision__Tansey.pdf:sexual nature ./SoS_decision__Tansey.pdf- ./SoS_decision__Tansey.pdf-It is the panel’s decision that, on the balance of probabilities, Mr Tansey’s behaviour did ./SoS_decision__Tansey.pdf:constitute conduct of a sexual nature. ./SoS_decision__Tansey.pdf- ./SoS_decision__Tansey.pdf-The panel took account of all the evidence presented to it and considered the ./SoS_decision__Tansey.pdf-circumstances and Mr Tansey’s purpose in meeting Child A on 26 May 2012. In ./SoS_decision__Tansey.pdf-particular, the panel has carefully considered Mr Tansey’s explanation that, as Child A ./SoS_decision__Tansey.pdf-was using an adult website; she made herself particularly vulnerable because of her ./SoS_decision__Tansey.pdf-individual circumstances. He stated that he met her in order to assess her vulnerability, ./SoS_decision__Tansey.pdf-offer her support and to identify her so that he could ensure that the authorities became ./SoS_decision__Tansey.pdf-involved and so prevented her from putting herself at risk in the future. The panel did not ./SoS_decision__Tansey.pdf-find this explanation credible and noted a number of inconsistencies with his earlier ./SoS_decision__Tansey.pdf-accounts to the police and to the school disciplinary hearing. -- ./SoS_decision__Tansey.pdf-not find this a credible explanation. In any event, the panel was of the view that Mr ./SoS_decision__Tansey.pdf-Tansey knew that it was Child A’s understanding that she was going on a date with a ./SoS_decision__Tansey.pdf-view to exploring the possibility of a relationship. ./SoS_decision__Tansey.pdf- ./SoS_decision__Tansey.pdf-The panel noted Mr Tansey’s admission of allegations 1 to 5, and considered that the ./SoS_decision__Tansey.pdf-context of the conduct was that they met on a dating site, then met in person for what ./SoS_decision__Tansey.pdf-was identified by both parties as a date, where they held hands and exchanged two ./SoS_decision__Tansey.pdf-closed mouth kisses on the lips. Mr Tansey has admitted that he said to Child A that he ./SoS_decision__Tansey.pdf-would meet her on a future occasion and continued to communicate with her after their ./SoS_decision__Tansey.pdf-meeting and after his interview with the police. Taking all of the above into consideration, ./SoS_decision__Tansey.pdf:the panel was satisfied that this behaviour constituted conduct of a sexual nature. ./SoS_decision__Tansey.pdf- ./SoS_decision__Tansey.pdf-The panel therefore found allegation 6 proven. ./SoS_decision__Tansey.pdf- ./SoS_decision__Tansey.pdf- ./SoS_decision__Tansey.pdf- ./SoS_decision__Tansey.pdf- ./SoS_decision__Tansey.pdf- 10 ./SoS_decision__Tansey.pdf- -- ./SoS_decision__Tansey.pdf-Mr Tansey has admitted allegations 1 to 5 and admitted in his witness evidence to the ./SoS_decision__Tansey.pdf-panel that these acts alone would bring about the end of his career as a teacher. Witness ./SoS_decision__Tansey.pdf-B’s evidence also confirmed that Mr Tansey knew “from being a teacher that it is not what ./SoS_decision__Tansey.pdf-you do” and he knew that in terms of his profession, his private life was linked to his work ./SoS_decision__Tansey.pdf-life and he also said that he “understood the age limit too”. The panel noted that Mr ./SoS_decision__Tansey.pdf-Tansey’s admissions in themselves would have led the panel to a finding of conduct ./SoS_decision__Tansey.pdf-which brings the profession into disrepute. ./SoS_decision__Tansey.pdf- ./SoS_decision__Tansey.pdf-The panel has also considered whether Mr Tansey’s conduct displayed behaviours ./SoS_decision__Tansey.pdf-associated with any of the offences listed on page 8 and 9 of the guidance. The panel ./SoS_decision__Tansey.pdf:has found that behaviour associated with an offence relating to or involving sexual ./SoS_decision__Tansey.pdf-activity to be relevant. The guidance indicates that where behaviours associated with ./SoS_decision__Tansey.pdf-such an offence exist, a panel is likely to conclude that an individual’s actions would ./SoS_decision__Tansey.pdf-amount to conduct that may bring the profession into disrepute. ./SoS_decision__Tansey.pdf- ./SoS_decision__Tansey.pdf-Accordingly, the panel is satisfied that Mr Tansey is guilty of conduct that may bring the ./SoS_decision__Tansey.pdf-profession into disrepute. ./SoS_decision__Tansey.pdf- ./SoS_decision__Tansey.pdf- ./SoS_decision__Tansey.pdf- ./SoS_decision__Tansey.pdf- -- ./SoS_decision__Tansey.pdf-acknowledged that a prohibition order was likely to have punitive effect. ./SoS_decision__Tansey.pdf- ./SoS_decision__Tansey.pdf-The panel has taken into account the particular public interest considerations set out in ./SoS_decision__Tansey.pdf-the Teacher Misconduct – The Prohibition of Teachers advice and having done so has ./SoS_decision__Tansey.pdf-found a number of them to be relevant in this case, namely: ./SoS_decision__Tansey.pdf- ./SoS_decision__Tansey.pdf-  The protection of pupils and other members of the public; ./SoS_decision__Tansey.pdf-  The maintenance of public confidence in the profession; ./SoS_decision__Tansey.pdf-  Declaring and upholding proper standards of conduct. ./SoS_decision__Tansey.pdf-In light of the panel’s findings against Mr Tansey, which involved a highly inappropriate ./SoS_decision__Tansey.pdf:meeting with a child aged 15 and conduct of a sexual nature, the panel considered that ./SoS_decision__Tansey.pdf-there was a strong public interest consideration in recommending a prohibition order. ./SoS_decision__Tansey.pdf- ./SoS_decision__Tansey.pdf-In particular, the panel considered that Mr Tansey had shown no judgment in relation to ./SoS_decision__Tansey.pdf-safeguarding of children, and has continued to maintain an untenable position that he ./SoS_decision__Tansey.pdf-alone had a proper understanding of the situation she was in and that he alone could ./SoS_decision__Tansey.pdf-“save” Child A and only by means of the conduct that he has admitted. This shows a ./SoS_decision__Tansey.pdf-serious and continuing lack of judgment on his part. ./SoS_decision__Tansey.pdf- ./SoS_decision__Tansey.pdf-Mr Tansey continued to show a fundamental misunderstanding of safeguarding advice, ./SoS_decision__Tansey.pdf-which he appeared to interpret as putting yourself first and stepping away from a difficult -- ./SoS_decision__Tansey.pdf- ./SoS_decision__Tansey.pdf-In carrying out the balancing exercise the panel has considered the public interest ./SoS_decision__Tansey.pdf-considerations both in favour of and against prohibition as well as the interests of Mr ./SoS_decision__Tansey.pdf-Tansey himself. The panel took further account of the guidance, which suggested that a ./SoS_decision__Tansey.pdf-prohibition order may be appropriate if certain behaviours of a teacher have been proven. ./SoS_decision__Tansey.pdf-In the list of such behaviours, those that are relevant in this case are: ./SoS_decision__Tansey.pdf- ./SoS_decision__Tansey.pdf-  serious departure from the personal and professional conduct elements of the ./SoS_decision__Tansey.pdf- Teachers’ Standards, and Mr Tansey himself has accepted that the standards ./SoS_decision__Tansey.pdf- were not met; ./SoS_decision__Tansey.pdf:  sexual misconduct, e.g. involving actions that were sexually motivated or of a ./SoS_decision__Tansey.pdf: sexual nature. The panel has already found that Mr Tansey’s conduct was of a ./SoS_decision__Tansey.pdf: sexual nature. ./SoS_decision__Tansey.pdf-In light of these factors, the guidance indicated that a prohibition order would be ./SoS_decision__Tansey.pdf-appropriate. ./SoS_decision__Tansey.pdf- ./SoS_decision__Tansey.pdf-Notwithstanding the clear public interest considerations that were present, the panel ./SoS_decision__Tansey.pdf-considered carefully whether or not it would be proportionate to impose a prohibition ./SoS_decision__Tansey.pdf-order taking into account the effect that this would have on Mr Tansey. Given the serious ./SoS_decision__Tansey.pdf-failings and the continued lack of insight by Mr Tansey, the panel considered that ./SoS_decision__Tansey.pdf-prohibition was a proportionate measure. ./SoS_decision__Tansey.pdf- ./SoS_decision__Tansey.pdf-Even though there were behaviours that would point to a prohibition order being -- ./SoS_decision__Tansey.pdf- ./SoS_decision__Tansey.pdf-The panel then went on to consider whether or not it would be appropriate for them to ./SoS_decision__Tansey.pdf-decide to recommend that a review period of the order should be considered. The panel ./SoS_decision__Tansey.pdf-was mindful that the Teacher Misconduct – The Prohibition of Teachers advice advises ./SoS_decision__Tansey.pdf-that a prohibition order applies for life, but there may be circumstances in any given case ./SoS_decision__Tansey.pdf-that may make it appropriate to allow a teacher to apply to have the prohibition order ./SoS_decision__Tansey.pdf-reviewed after a specified period of time that may not be less than two years. ./SoS_decision__Tansey.pdf- ./SoS_decision__Tansey.pdf-The Teacher Misconduct – The Prohibition of Teachers advice indicates that there are ./SoS_decision__Tansey.pdf-behaviours that, if proven, would militate against a review period being recommended. ./SoS_decision__Tansey.pdf:These behaviours include serious sexual misconduct, e.g. involving actions that were of ./SoS_decision__Tansey.pdf:a sexual nature. The panel has already found that Mr Tansey’s conduct was of a sexual ./SoS_decision__Tansey.pdf-nature. ./SoS_decision__Tansey.pdf- ./SoS_decision__Tansey.pdf-The panel considered that of most significance was Mr Tansey’s ongoing apparent belief ./SoS_decision__Tansey.pdf-that he alone could have kept Child A safe and only through the actions that he took. This ./SoS_decision__Tansey.pdf-demonstrated that Mr Tansey continued to have poor judgment when it comes to ./SoS_decision__Tansey.pdf-safeguarding of children. A proper understanding of safeguarding is an integral part of ./SoS_decision__Tansey.pdf-being a teacher. The panel was of the view that it was unlikely that Mr Tansey would ever ./SoS_decision__Tansey.pdf-gain the necessary insight to demonstrate his understanding of why his conduct was ./SoS_decision__Tansey.pdf-inappropriate and that this would pose an ongoing risk to vulnerable young people in the ./SoS_decision__Tansey.pdf-future. -- ./SoS_decision__Tansey.pdf-I have taken into account the need to balance the interests of the public with those of Mr ./SoS_decision__Tansey.pdf-Tansey. I have also taken into account the need to be proportionate. ./SoS_decision__Tansey.pdf- ./SoS_decision__Tansey.pdf-As a result of those considerations I support the recommendation of the panel in regard ./SoS_decision__Tansey.pdf-to sanction. I have taken account of the published guidance and agree that a prohibition ./SoS_decision__Tansey.pdf-order is appropriate. In this case the following are relevant: ./SoS_decision__Tansey.pdf- ./SoS_decision__Tansey.pdf-  serious departure from the personal and professional conduct elements of the ./SoS_decision__Tansey.pdf- Teachers’ Standards, and Mr Tansey himself has accepted that the standards ./SoS_decision__Tansey.pdf- were not met; ./SoS_decision__Tansey.pdf:  sexual misconduct, e.g. involving actions that were sexually motivated or of a ./SoS_decision__Tansey.pdf: sexual nature. The panel found that Mr Tansey’s conduct was of a sexual nature. ./SoS_decision__Tansey.pdf-I have also given consideration to the matter of a review period. I have taken into account ./SoS_decision__Tansey.pdf-the relevant issues and in particular the view of the panel relating to Mr Tansey’s ./SoS_decision__Tansey.pdf-judgment and insight. I support the recommendation that there should be no review ./SoS_decision__Tansey.pdf-period. ./SoS_decision__Tansey.pdf- ./SoS_decision__Tansey.pdf-This means that Mr Jeffrey Tansey is prohibited from teaching indefinitely and ./SoS_decision__Tansey.pdf-cannot teach in any school, sixth form college, relevant youth accommodation or ./SoS_decision__Tansey.pdf-children’s home in England. Furthermore, in view of the seriousness of the allegations ./SoS_decision__Tansey.pdf-found proved against him, I have decided that Mr Jeffrey Tansey shall not be entitled to ./SoS_decision__Tansey.pdf-apply for restoration of his eligibility to teach. ./sos_decision__vas_phillip.pdf-The hearing took place in public and was recorded. ./sos_decision__vas_phillip.pdf- ./sos_decision__vas_phillip.pdf- ./sos_decision__vas_phillip.pdf-B. Allegations ./sos_decision__vas_phillip.pdf-The Panel considered the allegations set out in the Notice of Proceedings dated 8 ./sos_decision__vas_phillip.pdf-November 2013. ./sos_decision__vas_phillip.pdf- ./sos_decision__vas_phillip.pdf-It was alleged that Mr Vas was guilty of unacceptable professional conduct and/or ./sos_decision__vas_phillip.pdf-conduct which may bring the profession into disrepute in that: ./sos_decision__vas_phillip.pdf- ./sos_decision__vas_phillip.pdf:1. He engaged in a sexual relationship with female Pupil A, aged under 18, whom he ./sos_decision__vas_phillip.pdf- ./sos_decision__vas_phillip.pdf- ./sos_decision__vas_phillip.pdf- 3 ./sos_decision__vas_phillip.pdf- -- ./sos_decision__vas_phillip.pdf-E. Decision and reasons ./sos_decision__vas_phillip.pdf-The Panel announced its decision and reasons as follows: ./sos_decision__vas_phillip.pdf- ./sos_decision__vas_phillip.pdf-We have now carefully considered the case before us and have reached a decision. ./sos_decision__vas_phillip.pdf- ./sos_decision__vas_phillip.pdf-We confirm that we have read all the documents provided in the bundle in advance of the ./sos_decision__vas_phillip.pdf-hearing. ./sos_decision__vas_phillip.pdf- ./sos_decision__vas_phillip.pdf-As at October 2012, Mr Vas had been self-employed as a home tutor for approximately 5 ./sos_decision__vas_phillip.pdf-years. Mr Vas had taught Pupil A since she was 14 years of age and it is alleged that this ./sos_decision__vas_phillip.pdf:developed into a sexual relationship when Pupil A had attained the age of 16 years. This ./sos_decision__vas_phillip.pdf-relationship lasted for up to approximately one year and came to light as a consequence ./sos_decision__vas_phillip.pdf-of a disclosure being made by Pupil A. ./sos_decision__vas_phillip.pdf- ./sos_decision__vas_phillip.pdf- ./sos_decision__vas_phillip.pdf- ./sos_decision__vas_phillip.pdf- ./sos_decision__vas_phillip.pdf- 5 ./sos_decision__vas_phillip.pdf- -- ./sos_decision__vas_phillip.pdf-Findings of Fact ./sos_decision__vas_phillip.pdf- ./sos_decision__vas_phillip.pdf-Our findings of fact as follows: ./sos_decision__vas_phillip.pdf- ./sos_decision__vas_phillip.pdf-We have found the following particular of the allegation against Mr Vas proven, for these ./sos_decision__vas_phillip.pdf-reasons: ./sos_decision__vas_phillip.pdf- ./sos_decision__vas_phillip.pdf- ./sos_decision__vas_phillip.pdf:You engaged in a sexual relationship with female Pupil A, aged under ./sos_decision__vas_phillip.pdf-18, whom you were home tutoring between July 2009 and December ./sos_decision__vas_phillip.pdf-2010. ./sos_decision__vas_phillip.pdf-The Panel is satisfied that it is appropriate to rely on the content of the interview between ./sos_decision__vas_phillip.pdf-the Police and Mr Vas, the transcript of which is contained in the papers. Mr Vas admits ./sos_decision__vas_phillip.pdf:to forming a sexual relationship with Pupil A which he accepts began on 1st April 2010 ./sos_decision__vas_phillip.pdf-and continued thereafter. ./sos_decision__vas_phillip.pdf- ./sos_decision__vas_phillip.pdf-The Panel noted that Mr Vas accepted that his behaviour and the forming of the ./sos_decision__vas_phillip.pdf-relationship with Pupil A represented a breach of trust. It is also relevant that Mr Vas ./sos_decision__vas_phillip.pdf-understood that Pupil A was vulnerable not only because of her age and the relationship ./sos_decision__vas_phillip.pdf-between pupil and teacher but also as a result of circumstances which led to the need for ./sos_decision__vas_phillip.pdf-home-tutoring. The fact that he manipulated the position so that he would be alone with ./sos_decision__vas_phillip.pdf-Pupil A when the tutoring was taking place, and that he would spend weekends away ./sos_decision__vas_phillip.pdf-with Pupil A was considered by the Panel to be a further aggravating feature. ./sos_decision__vas_phillip.pdf- -- ./sos_decision__vas_phillip.pdf- times observing proper boundaries appropriate to a teacher’s professional ./sos_decision__vas_phillip.pdf- position. ./sos_decision__vas_phillip.pdf- ./sos_decision__vas_phillip.pdf- ./sos_decision__vas_phillip.pdf-Panel’s recommendation to the Secretary of State ./sos_decision__vas_phillip.pdf-We have decided to recommend a Prohibition Order. ./sos_decision__vas_phillip.pdf- ./sos_decision__vas_phillip.pdf-In doing so, the Panel has taken account of the guidance contained within the document ./sos_decision__vas_phillip.pdf-entitled “Teacher misconduct - the Prohibition of Teachers”. ./sos_decision__vas_phillip.pdf- ./sos_decision__vas_phillip.pdf:We have found that Mr Vas’s behaviour in forming a sexual relationship with Pupil A ./sos_decision__vas_phillip.pdf-which extended over a protracted period was a serious departure from a significant ./sos_decision__vas_phillip.pdf-number of the Teachers’ Standards as particularised above and was misconduct ./sos_decision__vas_phillip.pdf-seriously affecting the wellbeing of pupils. ./sos_decision__vas_phillip.pdf- ./sos_decision__vas_phillip.pdf-Whilst the Panel fully accepts that there is no obligation on the part of Mr Vas to attend ./sos_decision__vas_phillip.pdf-the hearing, it does mean that there is no material before it which could amount to ./sos_decision__vas_phillip.pdf-mitigation. ./sos_decision__vas_phillip.pdf- ./sos_decision__vas_phillip.pdf-Consequently, as stated, this misconduct amounts to a very serious and gross breach of ./sos_decision__vas_phillip.pdf:trust, was sexual misconduct which seriously affected the well-being of Pupil A, and there ./sos_decision__vas_phillip.pdf-is no evidence available which provides any reassurance to the Panel that there is no risk ./sos_decision__vas_phillip.pdf-of a repetition of such behaviour. ./sos_decision__vas_phillip.pdf- ./sos_decision__vas_phillip.pdf-In the view of the Panel, a Prohibition Order is necessary in order to protect children, to ./sos_decision__vas_phillip.pdf-maintain public confidence in the teaching profession and to declare and uphold proper ./sos_decision__vas_phillip.pdf-standards of conduct. We are satisfied that this is a proportionate recommendation. ./sos_decision__vas_phillip.pdf- ./sos_decision__vas_phillip.pdf-As a result of the extremely serious nature of Mr Vas’s conduct which represents a gross ./sos_decision__vas_phillip.pdf-breach of his position of trust, we have decided to recommend that the Prohibition Order ./sos_decision__vas_phillip.pdf-should be imposed indefinitely. To conclude, the Panel recommends that a Prohibition -- ./sos_decision__vas_phillip.pdf-Decision and reasons on behalf of the Secretary of ./sos_decision__vas_phillip.pdf-State ./sos_decision__vas_phillip.pdf-I have given careful consideration to the panel’s findings and recommendations. ./sos_decision__vas_phillip.pdf- ./sos_decision__vas_phillip.pdf-They have found the allegation proven and determined that Mr Vas’s behaviour in ./sos_decision__vas_phillip.pdf:forming a sexual relationship with Pupil A was a serious departure from a ./sos_decision__vas_phillip.pdf-significant number of the Teachers’ Standards and was misconduct seriously ./sos_decision__vas_phillip.pdf-affecting the wellbeing of pupils. They have judged that this misconduct amounts ./sos_decision__vas_phillip.pdf-to a serious and gross breach of trust that seriously affected the well-being of ./sos_decision__vas_phillip.pdf-Pupil A. ./sos_decision__vas_phillip.pdf- ./sos_decision__vas_phillip.pdf-Mr Vas’s failure to attend the hearing meant that no material was offered in ./sos_decision__vas_phillip.pdf-mitigation nor any reassurance that there is no risk of repetition. ./sos_decision__vas_phillip.pdf- ./sos_decision__vas_phillip.pdf-In all the circumstances I concur with the panel’s recommendation that Mr Vas be ./sos_decision__vas_phillip.pdf-prohibited from teaching with no opportunity to apply for the order to be set aside. ./SoS_Decison_-_Parkhouse_REDACTED_for_WEB.pdf-he could not deny such contact might have occurred during the course of his teaching ./SoS_Decison_-_Parkhouse_REDACTED_for_WEB.pdf-duties. In the act of handing objects such as board pens to Pupil B, he may well have ./SoS_Decison_-_Parkhouse_REDACTED_for_WEB.pdf-caused their hands to touch briefly. Mr Parkhouse asserted this would be ordinary human ./SoS_Decison_-_Parkhouse_REDACTED_for_WEB.pdf-contact devoid of any inappropriate intent. Mr Parkhouse considered the touching of the ./SoS_Decison_-_Parkhouse_REDACTED_for_WEB.pdf-pupils’ lower backs much less likely, but stated that if it had occurred, it would also be ./SoS_Decison_-_Parkhouse_REDACTED_for_WEB.pdf-contact devoid of any inappropriate intent. ./SoS_Decison_-_Parkhouse_REDACTED_for_WEB.pdf- ./SoS_Decison_-_Parkhouse_REDACTED_for_WEB.pdf-The panel heard no evidence concerning the stroking of any pupil’s hand. ./SoS_Decison_-_Parkhouse_REDACTED_for_WEB.pdf- ./SoS_Decison_-_Parkhouse_REDACTED_for_WEB.pdf-The presenting officer confirmed that the TRA did not submit the touching to have been ./SoS_Decison_-_Parkhouse_REDACTED_for_WEB.pdf:sexually motivated. ./SoS_Decison_-_Parkhouse_REDACTED_for_WEB.pdf- ./SoS_Decison_-_Parkhouse_REDACTED_for_WEB.pdf-Whilst the panel considered some of the alleged physical contact between Mr Parkhouse ./SoS_Decison_-_Parkhouse_REDACTED_for_WEB.pdf-and Pupils A and B was likely to have taken place, it nevertheless concluded, on the ./SoS_Decison_-_Parkhouse_REDACTED_for_WEB.pdf-balance of probabilities, that the nature and frequency of any such touching would not be ./SoS_Decison_-_Parkhouse_REDACTED_for_WEB.pdf-inappropriate in these circumstances. The panel therefore found this allegation not ./SoS_Decison_-_Parkhouse_REDACTED_for_WEB.pdf-proved. ./SoS_Decison_-_Parkhouse_REDACTED_for_WEB.pdf- ./SoS_Decison_-_Parkhouse_REDACTED_for_WEB.pdf-Findings as to unacceptable professional conduct and/or conduct that ./SoS_Decison_-_Parkhouse_REDACTED_for_WEB.pdf-may bring the profession into disrepute ./SoS_Decison_-_Parkhouse_REDACTED_for_WEB.pdf- ./SoS_Web_decision_Harrison_15318.pdf-2017. ./SoS_Web_decision_Harrison_15318.pdf- ./SoS_Web_decision_Harrison_15318.pdf-It was alleged that Mr Michael Harrison was guilty of unacceptable professional conduct ./SoS_Web_decision_Harrison_15318.pdf-and/or conduct that may bring the profession into disrepute in that: ./SoS_Web_decision_Harrison_15318.pdf- ./SoS_Web_decision_Harrison_15318.pdf-Whilst working as a teacher at Oasis Academy Wintringham (“the Academy”) he failed to ./SoS_Web_decision_Harrison_15318.pdf-maintain appropriate professional standards in that between 7June 2010 and 9 June ./SoS_Web_decision_Harrison_15318.pdf-2015 he: ./SoS_Web_decision_Harrison_15318.pdf- ./SoS_Web_decision_Harrison_15318.pdf- 1. Made inappropriate remarks to students including about their appearance ./SoS_Web_decision_Harrison_15318.pdf: and/or matters of a sexual or personal nature on one or more occasions; ./SoS_Web_decision_Harrison_15318.pdf- 2. Invited pupils to punch and/or touch his inner thigh and/or stomach on one or ./SoS_Web_decision_Harrison_15318.pdf- more occasions; ./SoS_Web_decision_Harrison_15318.pdf- 3. Bought chocolate for and/or gave chocolate to students as gifts, on one or ./SoS_Web_decision_Harrison_15318.pdf- more occasions; ./SoS_Web_decision_Harrison_15318.pdf- 4. Took photographs of students on his own camera and/or displayed ./SoS_Web_decision_Harrison_15318.pdf- photographs of students inappropriately on one or more occasions; ./SoS_Web_decision_Harrison_15318.pdf- 5. In relation to the Science ISA he : ./SoS_Web_decision_Harrison_15318.pdf- a. Failed to meet one or more deadlines for putting marks into the ./SoS_Web_decision_Harrison_15318.pdf- Academy’s system; ./SoS_Web_decision_Harrison_15318.pdf- b. Failed to securely store one or more ISA papers; -- ./SoS_Web_decision_Harrison_15318.pdf-Allegations proven ./SoS_Web_decision_Harrison_15318.pdf- ./SoS_Web_decision_Harrison_15318.pdf-The panel has found the following particulars of the allegations against you proven, for ./SoS_Web_decision_Harrison_15318.pdf-these reasons: ./SoS_Web_decision_Harrison_15318.pdf- ./SoS_Web_decision_Harrison_15318.pdf-Whilst working as a teacher at Oasis Academy Wintringham (“the Academy”) you ./SoS_Web_decision_Harrison_15318.pdf-failed to maintain appropriate professional standards in that between 7 June 2010 ./SoS_Web_decision_Harrison_15318.pdf-and 9 June 2015 you: ./SoS_Web_decision_Harrison_15318.pdf- ./SoS_Web_decision_Harrison_15318.pdf- 1. Made inappropriate remarks to students including about their ./SoS_Web_decision_Harrison_15318.pdf: appearance and/or matters of a sexual or personal nature on one or more ./SoS_Web_decision_Harrison_15318.pdf- occasions; ./SoS_Web_decision_Harrison_15318.pdf- ./SoS_Web_decision_Harrison_15318.pdf-The panel has found the facts of this allegation proved, on the balance of probabilities. ./SoS_Web_decision_Harrison_15318.pdf-The panel has not had the benefit of any direct oral evidence in relation to this allegation. ./SoS_Web_decision_Harrison_15318.pdf-However, the panel has heard oral evidence from Witness B concerning the methodology ./SoS_Web_decision_Harrison_15318.pdf-that she followed when individually interviewing 10 students and compiling the written ./SoS_Web_decision_Harrison_15318.pdf-account of their evidence. The panel has been provided with a colour copy of the typed ./SoS_Web_decision_Harrison_15318.pdf-notes of conversations that took placed between Witness B and Students 1 to 10 (pages ./SoS_Web_decision_Harrison_15318.pdf-86 to 96). The panel also has considered the statement prepared for Student 5 by the ./SoS_Web_decision_Harrison_15318.pdf- -- ./SoS_Web_decision_Harrison_15318.pdf-National College. Witness B told the panel that she knew the students that she ./SoS_Web_decision_Harrison_15318.pdf-interviewed as she had taught them. The panel found Witness B to be a credible witness ./SoS_Web_decision_Harrison_15318.pdf-who provided clear and consistent evidence. ./SoS_Web_decision_Harrison_15318.pdf- ./SoS_Web_decision_Harrison_15318.pdf-The panel is satisfied that Mr Harrison made inappropriate remarks to students including ./SoS_Web_decision_Harrison_15318.pdf:about their appearance and/or matters of a sexual or personal nature and that these ./SoS_Web_decision_Harrison_15318.pdf-comments were made to students in Years 9 and 10. The reasons for finding that Mr. ./SoS_Web_decision_Harrison_15318.pdf-Harrison's remarks were inappropriate are as follows: ./SoS_Web_decision_Harrison_15318.pdf- ./SoS_Web_decision_Harrison_15318.pdf-  Students 1 and 3 were in the same Year 9 class. Student 1 reported that Mr ./SoS_Web_decision_Harrison_15318.pdf- Harrison had told her that she was "beautiful". Student 3 reported that Mr Harrison ./SoS_Web_decision_Harrison_15318.pdf- told girls in the class that they were "beautiful". Student 5 was a student in a Year ./SoS_Web_decision_Harrison_15318.pdf- 10 class, and she said that he told her that she was "really pretty" and "always ./SoS_Web_decision_Harrison_15318.pdf- complimented her hair and facial features". ./SoS_Web_decision_Harrison_15318.pdf- ./SoS_Web_decision_Harrison_15318.pdf-  Student 1 also reported that Mr Harrison said that she had a nice figure, that she -- ./SoS_Web_decision_Harrison_15318.pdf- ./SoS_Web_decision_Harrison_15318.pdf-The panel consider that Mr Harrison's remarks to Year 9 female students were overly ./SoS_Web_decision_Harrison_15318.pdf-familiar and inappropriate. ./SoS_Web_decision_Harrison_15318.pdf- ./SoS_Web_decision_Harrison_15318.pdf-A number of students in the Year 9 group reported to Mr Jackson that Mr Harrison had ./SoS_Web_decision_Harrison_15318.pdf-spoken of his son's first experience of an erection. Subsequently, during individual ./SoS_Web_decision_Harrison_15318.pdf-interviews, Student 1 and Student 3 told Witness B that Mr Harrison had told the Year 9 ./SoS_Web_decision_Harrison_15318.pdf-class about his son's first experience of an erection. During his disciplinary investigation ./SoS_Web_decision_Harrison_15318.pdf-meeting, Mr Harrison was asked about whether he mentioned his son's first erection to ./SoS_Web_decision_Harrison_15318.pdf-his Year 9 class. He stated that he had but that it was in the context that they were ./SoS_Web_decision_Harrison_15318.pdf:talking about this in sex education in biology. The panel noted that according to Mr ./SoS_Web_decision_Harrison_15318.pdf-Harrison's timetable he did not teach that Year 9 class biology. The panel is satisfied that ./SoS_Web_decision_Harrison_15318.pdf-it is more likely than not that Mr Harrison told his Year 9 class about his son's first ./SoS_Web_decision_Harrison_15318.pdf-erection and that this was not in discussed in a teaching context. The panel considers ./SoS_Web_decision_Harrison_15318.pdf-that Mr Harrison's remarks to his Year 9 students about his son's erection were ./SoS_Web_decision_Harrison_15318.pdf-inappropriate. ./SoS_Web_decision_Harrison_15318.pdf- ./SoS_Web_decision_Harrison_15318.pdf- ./SoS_Web_decision_Harrison_15318.pdf- ./SoS_Web_decision_Harrison_15318.pdf- 8 ./SoS_Web_decision_Harrison_15318.pdf- ./Spencer__David_-_Web_Decision.pdf- ./Spencer__David_-_Web_Decision.pdf- 1. You engaged in inappropriate contact with and/or behaviour towards one or more ./Spencer__David_-_Web_Decision.pdf- pupils on one or more occasions including by: ./Spencer__David_-_Web_Decision.pdf- a. Touching pupils’ legs; ./Spencer__David_-_Web_Decision.pdf- b. placing your hand on pupils’ arms and/or shoulders; ./Spencer__David_-_Web_Decision.pdf- c. placing your hand on pupils’ hands whilst they were using a computer mouse; ./Spencer__David_-_Web_Decision.pdf- d. sitting on the same chair as pupils; ./Spencer__David_-_Web_Decision.pdf- e. Asking Pupil A to remove her top. ./Spencer__David_-_Web_Decision.pdf- ./Spencer__David_-_Web_Decision.pdf- 2. Your behaviour as may be found proven at 1 above; ./Spencer__David_-_Web_Decision.pdf: a. Was sexually motivated; ./Spencer__David_-_Web_Decision.pdf- ./Spencer__David_-_Web_Decision.pdf- b. Demonstrated a lack of insight into previous advice you had been given and/or ./Spencer__David_-_Web_Decision.pdf- warnings issued by the School on or around 16 December 2014 and/or 7 ./Spencer__David_-_Web_Decision.pdf- November 2016 and/or 12 March 2018. ./Spencer__David_-_Web_Decision.pdf- ./Spencer__David_-_Web_Decision.pdf-The allegations were not admitted by the teacher. ./Spencer__David_-_Web_Decision.pdf- ./Spencer__David_-_Web_Decision.pdf- ./Spencer__David_-_Web_Decision.pdf-C. Preliminary applications ./Spencer__David_-_Web_Decision.pdf-An application was made by the presenting officer to amend the notice of proceedings by -- ./Spencer__David_-_Web_Decision.pdf- ./Spencer__David_-_Web_Decision.pdf-The panel received some evidence regarding this allegation. However, the panel was of ./Spencer__David_-_Web_Decision.pdf-the view that the evidence received was not robust enough and was inconclusive. ./Spencer__David_-_Web_Decision.pdf-Therefore, the panel was unable to find this allegation proved. ./Spencer__David_-_Web_Decision.pdf- ./Spencer__David_-_Web_Decision.pdf-On the balance of probabilities, the panel found allegation 1d not proved. ./Spencer__David_-_Web_Decision.pdf- ./Spencer__David_-_Web_Decision.pdf- 2. Your behaviour as may be found proven at 1 above; ./Spencer__David_-_Web_Decision.pdf- ./Spencer__David_-_Web_Decision.pdf- ./Spencer__David_-_Web_Decision.pdf: a. Was sexually motivated; ./Spencer__David_-_Web_Decision.pdf- ./Spencer__David_-_Web_Decision.pdf-The panel had regard to the legal advice received and formed their own view. It noted at ./Spencer__David_-_Web_Decision.pdf-the outset, that it may be reasonable to assume that some of Mr Spencer’s actions that ./Spencer__David_-_Web_Decision.pdf-the panel has found proved, such as touching pupil’s legs, arms, shoulders and/or ./Spencer__David_-_Web_Decision.pdf-making references to pupils clothing, could be perceived by reasonable persons to be ./Spencer__David_-_Web_Decision.pdf:seen as sexual. ./Spencer__David_-_Web_Decision.pdf- ./Spencer__David_-_Web_Decision.pdf-Mr Spencer described himself in his evidence as ‘tactile’ and ‘touchy feely’. He had also ./Spencer__David_-_Web_Decision.pdf-been described by pupils in this way. Mr Spencer explained to the panel that his ./Spencer__David_-_Web_Decision.pdf-behaviour, in tapping the students on the shoulder, was used as a way to gain their ./Spencer__David_-_Web_Decision.pdf-attention. He also said, ‘it is something that the majority of students do not find ./Spencer__David_-_Web_Decision.pdf-problematical and some do. I then try to respond’. The panel was aware that none of ./Spencer__David_-_Web_Decision.pdf-these incidents occurred outside the classroom. ./Spencer__David_-_Web_Decision.pdf- ./Spencer__David_-_Web_Decision.pdf:Mr Spencer denied that his motive was sexual as he denied the allegations. He ./Spencer__David_-_Web_Decision.pdf-acknowledged in his oral evidence that some of the allegations could be perceived as ./Spencer__David_-_Web_Decision.pdf:sexual but in denying the allegations, in his mind there was no sexual motivation. ./Spencer__David_-_Web_Decision.pdf- ./Spencer__David_-_Web_Decision.pdf-The panel found the contact made with the pupils was significant and inappropriate but ./Spencer__David_-_Web_Decision.pdf:concluded it was not made for the purpose of sexual motivation. The panel preferred the ./Spencer__David_-_Web_Decision.pdf-evidence of Mr Spencer that he was attempting to gain their attention, or to comfort them ./Spencer__David_-_Web_Decision.pdf- ./Spencer__David_-_Web_Decision.pdf- ./Spencer__David_-_Web_Decision.pdf- 11 ./Spencer__David_-_Web_Decision.pdf- -- ./Spencer__David_-_Web_Decision.pdf-in some instances. The panel considered that whilst his behaviour demonstrated a lack of ./Spencer__David_-_Web_Decision.pdf:insight into his actions, and was inappropriate, there was not an overriding sexual ./Spencer__David_-_Web_Decision.pdf-connotation to Mr Spencer’s actions. ./Spencer__David_-_Web_Decision.pdf- ./Spencer__David_-_Web_Decision.pdf-The panel examined all of the evidence and, having conducted a balancing act, ./Spencer__David_-_Web_Decision.pdf-concluded that it was more likely than not, on the balance of probabilities that reasonable ./Spencer__David_-_Web_Decision.pdf:person would not find that the actions of Mr Spencer could be sexual in all the ./Spencer__David_-_Web_Decision.pdf-circumstances. ./Spencer__David_-_Web_Decision.pdf- ./Spencer__David_-_Web_Decision.pdf-Therefore, the panel concluded that allegation 2a could not be proved. ./Spencer__David_-_Web_Decision.pdf- ./Spencer__David_-_Web_Decision.pdf-Findings as to unacceptable professional conduct ./Spencer__David_-_Web_Decision.pdf-Having found a number of the allegations to have been proved, the panel went on to ./Spencer__David_-_Web_Decision.pdf-consider whether the facts of those proved allegations amounted to unacceptable ./Spencer__David_-_Web_Decision.pdf-professional conduct. ./Spencer__David_-_Web_Decision.pdf- ./Spencer__David_-_Web_Decision.pdf-In doing so, the panel had regard to the document Teacher Misconduct: The Prohibition ./Stanbury_SoS_Non_restricted_decision.pdf-B. Allegations ./Stanbury_SoS_Non_restricted_decision.pdf-The panel considered the allegations set out in the Notice of Proceedings dated 4 May ./Stanbury_SoS_Non_restricted_decision.pdf-2017. ./Stanbury_SoS_Non_restricted_decision.pdf- ./Stanbury_SoS_Non_restricted_decision.pdf-It was alleged that Mr Paul Stanbury was guilty of unacceptable professional conduct ./Stanbury_SoS_Non_restricted_decision.pdf-and/or conduct that may bring the profession into disrepute in that whilst employed as a ./Stanbury_SoS_Non_restricted_decision.pdf-teacher at Aldenham School he: ./Stanbury_SoS_Non_restricted_decision.pdf- ./Stanbury_SoS_Non_restricted_decision.pdf: 1. In or around December 2007, viewed and/or accessed sexual material through the ./Stanbury_SoS_Non_restricted_decision.pdf- School’s technology; ./Stanbury_SoS_Non_restricted_decision.pdf- ./Stanbury_SoS_Non_restricted_decision.pdf- 2. In or around March 2013, he received a police caution for a common assault; ./Stanbury_SoS_Non_restricted_decision.pdf- ./Stanbury_SoS_Non_restricted_decision.pdf: 3. In or around May 2014, viewed and/or attempted to access sexual material ./Stanbury_SoS_Non_restricted_decision.pdf- through the School’s technology; ./Stanbury_SoS_Non_restricted_decision.pdf- ./Stanbury_SoS_Non_restricted_decision.pdf- 4. In doing allegation 3 above, he ignored the advice given to him when he received ./Stanbury_SoS_Non_restricted_decision.pdf- a written warning about his conduct at allegation 1; ./Stanbury_SoS_Non_restricted_decision.pdf- ./Stanbury_SoS_Non_restricted_decision.pdf- 5. On 21st June 2016 during period 1 he acted in an aggressive and/or intimidating ./Stanbury_SoS_Non_restricted_decision.pdf- manner, in that he; ./Stanbury_SoS_Non_restricted_decision.pdf- ./Stanbury_SoS_Non_restricted_decision.pdf- a. Threatened to destroy Pupil A’s property; ./Stanbury_SoS_Non_restricted_decision.pdf- -- ./Stanbury_SoS_Non_restricted_decision.pdf:In December 2007, Mr Stanbury accessed images at home that were of a sexual nature ./Stanbury_SoS_Non_restricted_decision.pdf-on the internet by using the School’s technology. This alerted the School’s IT filtering ./Stanbury_SoS_Non_restricted_decision.pdf-system and was brought to the attention of the School. As a result Mr Stanbury was ./Stanbury_SoS_Non_restricted_decision.pdf-issued with a written formal warning on 11 December 2007. ./Stanbury_SoS_Non_restricted_decision.pdf- ./Stanbury_SoS_Non_restricted_decision.pdf-On 27 January 2013 Mr Stanbury assaulted Mr Wayne Cook at Halfords, Century Retail ./Stanbury_SoS_Non_restricted_decision.pdf-Park, Watford, WD17 2SD, contrary to Section 39 of the Criminal Justice Act 1988, for ./Stanbury_SoS_Non_restricted_decision.pdf-which he accepted a police caution. Mr Stanbury notified the School of this caution by ./Stanbury_SoS_Non_restricted_decision.pdf-email on 14 February 2013. ./Stanbury_SoS_Non_restricted_decision.pdf- ./Stanbury_SoS_Non_restricted_decision.pdf:In or around May 2014, Mr Stanbury viewed and/or attempted to access sexual material ./Stanbury_SoS_Non_restricted_decision.pdf-through the School’s technology whilst covering a lesson. The School investigated the ./Stanbury_SoS_Non_restricted_decision.pdf-matter and conducted a disciplinary hearing on 9 June 2014. Mr Stanbury was issued ./Stanbury_SoS_Non_restricted_decision.pdf-with a Final Written Warning on 9 June 2014. ./Stanbury_SoS_Non_restricted_decision.pdf- ./Stanbury_SoS_Non_restricted_decision.pdf-On 21 June 2016 Mr Stanbury was covering a PE lesson. Pupil A, Pupil B and Pupil C ./Stanbury_SoS_Non_restricted_decision.pdf-were sitting at the back of the room listening to music. Pupil A was listening to music ./Stanbury_SoS_Non_restricted_decision.pdf-through his headphones which were plugged into the School’s computer. Mr Stanbury ./Stanbury_SoS_Non_restricted_decision.pdf-told the students that he was going to take the register. Mr Stanbury called Pupil A’s full ./Stanbury_SoS_Non_restricted_decision.pdf-name and Pupil A corrected Mr Stanbury with his shortened name and said that he was ./Stanbury_SoS_Non_restricted_decision.pdf-present in the lesson. Mr Stanbury then called Pupil A’s full name again. Mr Stanbury -- ./Stanbury_SoS_Non_restricted_decision.pdf-summarily dismissed as from the 9 September 2016. ./Stanbury_SoS_Non_restricted_decision.pdf- ./Stanbury_SoS_Non_restricted_decision.pdf-[REDACTED] ./Stanbury_SoS_Non_restricted_decision.pdf- ./Stanbury_SoS_Non_restricted_decision.pdf-Findings of fact ./Stanbury_SoS_Non_restricted_decision.pdf-Our findings of fact are as follows: ./Stanbury_SoS_Non_restricted_decision.pdf- ./Stanbury_SoS_Non_restricted_decision.pdf-We have found the following particulars of the allegations against Mr Stanbury proven, ./Stanbury_SoS_Non_restricted_decision.pdf-for these reasons: ./Stanbury_SoS_Non_restricted_decision.pdf- ./Stanbury_SoS_Non_restricted_decision.pdf: 1. In or around December 2007, viewed and/or accessed sexual material ./Stanbury_SoS_Non_restricted_decision.pdf- through the School’s technology; ./Stanbury_SoS_Non_restricted_decision.pdf- ./Stanbury_SoS_Non_restricted_decision.pdf- ./Stanbury_SoS_Non_restricted_decision.pdf- 6 ./Stanbury_SoS_Non_restricted_decision.pdf- -- ./Stanbury_SoS_Non_restricted_decision.pdf- material on a School laptop. ./Stanbury_SoS_Non_restricted_decision.pdf- ./Stanbury_SoS_Non_restricted_decision.pdf- The panel therefore found the allegation proven. ./Stanbury_SoS_Non_restricted_decision.pdf- ./Stanbury_SoS_Non_restricted_decision.pdf-2. In or around March 2013, he received a police caution for a common assault; ./Stanbury_SoS_Non_restricted_decision.pdf- ./Stanbury_SoS_Non_restricted_decision.pdf- The panel has seen evidence of a police caution; this can be found at page 58 of ./Stanbury_SoS_Non_restricted_decision.pdf- the bundle. This document provides clear evidence that Mr Stanbury accepted a ./Stanbury_SoS_Non_restricted_decision.pdf- caution and therefore means that the panel found the allegation proven. ./Stanbury_SoS_Non_restricted_decision.pdf- ./Stanbury_SoS_Non_restricted_decision.pdf:3. In or around May 2014, viewed and/or attempted to access sexual material ./Stanbury_SoS_Non_restricted_decision.pdf- through the School’s technology; ./Stanbury_SoS_Non_restricted_decision.pdf- ./Stanbury_SoS_Non_restricted_decision.pdf: The fact that Mr Stanbury viewed and/or accessed sexual material through the ./Stanbury_SoS_Non_restricted_decision.pdf- School’s technology in May 2014 was admitted by Mr Stanbury in the signed ./Stanbury_SoS_Non_restricted_decision.pdf- Statement of Agreed Facts dated 2 April 2017. ./Stanbury_SoS_Non_restricted_decision.pdf- ./Stanbury_SoS_Non_restricted_decision.pdf- The panel took into consideration the documentation found at pages 46-52 of the ./Stanbury_SoS_Non_restricted_decision.pdf- bundle and again found this allegation proven. ./Stanbury_SoS_Non_restricted_decision.pdf- ./Stanbury_SoS_Non_restricted_decision.pdf-4. In doing allegation 3 above, he ignored the advice given to him when he ./Stanbury_SoS_Non_restricted_decision.pdf- received a written warning about his conduct at allegation 1; ./Stanbury_SoS_Non_restricted_decision.pdf- ./Stanbury_SoS_Non_restricted_decision.pdf- The panel decided that as Mr Stanbury admitted allegation, 3 this was ./Stephen_Fuller_Professional_Conduct_panel_meeting_outcome.pdf- Mr Fuller initiated the text contact with her on 5 March 2020 and sought to ./Stephen_Fuller_Professional_Conduct_panel_meeting_outcome.pdf- maintain that contact with her on 6 March 2020 and 6 April 2020, to which she did ./Stephen_Fuller_Professional_Conduct_panel_meeting_outcome.pdf- not respond. ./Stephen_Fuller_Professional_Conduct_panel_meeting_outcome.pdf- ./Stephen_Fuller_Professional_Conduct_panel_meeting_outcome.pdf- • The personal and informal nature of the communication, which included an image ./Stephen_Fuller_Professional_Conduct_panel_meeting_outcome.pdf- of Mr Fuller blowing a kiss, using kiss symbols to sign off messages, and a ./Stephen_Fuller_Professional_Conduct_panel_meeting_outcome.pdf- comment by him on Individual 1's appearance. ./Stephen_Fuller_Professional_Conduct_panel_meeting_outcome.pdf- ./Stephen_Fuller_Professional_Conduct_panel_meeting_outcome.pdf- • The way in which his conduct was perceived by Individual 1, and the way in which ./Stephen_Fuller_Professional_Conduct_panel_meeting_outcome.pdf- it might be perceived by the world at large. While the panel was clear that there ./Stephen_Fuller_Professional_Conduct_panel_meeting_outcome.pdf: was no allegation that Mr Fuller's conduct was sexual in nature, or sexually ./Stephen_Fuller_Professional_Conduct_panel_meeting_outcome.pdf- motivated (and made no finding to this effect), the panel noted that Individual 1 ./Stephen_Fuller_Professional_Conduct_panel_meeting_outcome.pdf- regarded the contact as "weird", "dodgy" and "freaky". Her perceptions were ./Stephen_Fuller_Professional_Conduct_panel_meeting_outcome.pdf- understandable, given the nature of the communication. As a designated ./Stephen_Fuller_Professional_Conduct_panel_meeting_outcome.pdf- ./Stephen_Fuller_Professional_Conduct_panel_meeting_outcome.pdf- ./Stephen_Fuller_Professional_Conduct_panel_meeting_outcome.pdf- ./Stephen_Fuller_Professional_Conduct_panel_meeting_outcome.pdf- 7 ./Stephen_Fuller_Professional_Conduct_panel_meeting_outcome.pdf- -- ./Stephen_Fuller_Professional_Conduct_panel_meeting_outcome.pdf-proportionate measure, and whether it would be in the public interest to do so. Prohibition ./Stephen_Fuller_Professional_Conduct_panel_meeting_outcome.pdf-orders should not be given in order to be punitive, or to show that blame has been ./Stephen_Fuller_Professional_Conduct_panel_meeting_outcome.pdf-apportioned, although they are likely to have punitive effect. ./Stephen_Fuller_Professional_Conduct_panel_meeting_outcome.pdf- ./Stephen_Fuller_Professional_Conduct_panel_meeting_outcome.pdf-The panel also had regard to the fact that a prohibition order is not an automatic ./Stephen_Fuller_Professional_Conduct_panel_meeting_outcome.pdf-consequence of a finding of unacceptable professional conduct and/or conduct that may ./Stephen_Fuller_Professional_Conduct_panel_meeting_outcome.pdf-bring the profession into disrepute. ./Stephen_Fuller_Professional_Conduct_panel_meeting_outcome.pdf- ./Stephen_Fuller_Professional_Conduct_panel_meeting_outcome.pdf-It concluded that Mr Fuller's conduct, while serious enough to amount to unacceptable ./Stephen_Fuller_Professional_Conduct_panel_meeting_outcome.pdf-professional conduct, was not at the higher end of the spectrum of seriousness for such a ./Stephen_Fuller_Professional_Conduct_panel_meeting_outcome.pdf:finding. It was not sexual in nature or sexually motivated, and while it was likely to cause ./Stephen_Fuller_Professional_Conduct_panel_meeting_outcome.pdf-embarrassment or disquiet to Individual 1, there is no evidence of harm to her. It was ./Stephen_Fuller_Professional_Conduct_panel_meeting_outcome.pdf-confined to a single individual in a short period of time. ./Stephen_Fuller_Professional_Conduct_panel_meeting_outcome.pdf- ./Stephen_Fuller_Professional_Conduct_panel_meeting_outcome.pdf-Furthermore, the panel took account of the admissions made by Mr Fuller, his ./Stephen_Fuller_Professional_Conduct_panel_meeting_outcome.pdf-expressions of remorse, the considerable insight shown by him in his mitigation ./Stephen_Fuller_Professional_Conduct_panel_meeting_outcome.pdf-statement, and the excellent testimonials provided. It is clear from these that his conduct ./Stephen_Fuller_Professional_Conduct_panel_meeting_outcome.pdf-towards Individual 1 was an aberration that occurred at a time of considerable personal ./Stephen_Fuller_Professional_Conduct_panel_meeting_outcome.pdf- ./Stephen_Fuller_Professional_Conduct_panel_meeting_outcome.pdf- ./Stephen_Fuller_Professional_Conduct_panel_meeting_outcome.pdf- 9 ./Steven_Birkett_-_SoS_Decision.pdf-pupil; ./Steven_Birkett_-_SoS_Decision.pdf- ./Steven_Birkett_-_SoS_Decision.pdf-b. Posted photos of children onto a website without the knowledge and/or ./Steven_Birkett_-_SoS_Decision.pdf-permission of: ./Steven_Birkett_-_SoS_Decision.pdf- ./Steven_Birkett_-_SoS_Decision.pdf-i. Their parents; ./Steven_Birkett_-_SoS_Decision.pdf- ./Steven_Birkett_-_SoS_Decision.pdf-ii. The School. ./Steven_Birkett_-_SoS_Decision.pdf- ./Steven_Birkett_-_SoS_Decision.pdf-2. You knew or ought to have known in respect of your conduct at allegation 1 that ./Steven_Birkett_-_SoS_Decision.pdf:the website was one which was frequented by individuals with a sexual interest in ./Steven_Birkett_-_SoS_Decision.pdf-children. ./Steven_Birkett_-_SoS_Decision.pdf- ./Steven_Birkett_-_SoS_Decision.pdf-Mr Birkett admits each and every allegation. This is evidenced in the Statement of ./Steven_Birkett_-_SoS_Decision.pdf-Agreed Facts which is signed by Mr Birkett on 15 November 2017 and his ./Steven_Birkett_-_SoS_Decision.pdf-representations of the same date. ./Steven_Birkett_-_SoS_Decision.pdf- ./Steven_Birkett_-_SoS_Decision.pdf-There were no preliminary applications ./Steven_Birkett_-_SoS_Decision.pdf- ./Steven_Birkett_-_SoS_Decision.pdf- ./Steven_Birkett_-_SoS_Decision.pdf-C. Summary of evidence -- ./Steven_Birkett_-_SoS_Decision.pdf- ./Steven_Birkett_-_SoS_Decision.pdf- a. Mr Birkett had set up an account on a Russian website using an email address ./Steven_Birkett_-_SoS_Decision.pdf- containing Pupil A's name; ./Steven_Birkett_-_SoS_Decision.pdf- ./Steven_Birkett_-_SoS_Decision.pdf- b. The website is a photograph sharing website which is legitimate but is known to ./Steven_Birkett_-_SoS_Decision.pdf- be frequented by paedophiles; ./Steven_Birkett_-_SoS_Decision.pdf- ./Steven_Birkett_-_SoS_Decision.pdf- c. He posted photographs of Individual A’s children (Pupils X and Z) on the site and ./Steven_Birkett_-_SoS_Decision.pdf- that these photographs had been obtained from Facebook. He had done this ./Steven_Birkett_-_SoS_Decision.pdf- without obtaining consent from either the parents or the School. The images were ./Steven_Birkett_-_SoS_Decision.pdf: not sexual or indecent. ./Steven_Birkett_-_SoS_Decision.pdf- ./Steven_Birkett_-_SoS_Decision.pdf-In March 2017 the School commenced its own disciplinary action which was based upon ./Steven_Birkett_-_SoS_Decision.pdf-the Police investigation. However, on 25 May 2017, prior to the conclusion of the ./Steven_Birkett_-_SoS_Decision.pdf-disciplinary process, Mr Birkett resigned. ./Steven_Birkett_-_SoS_Decision.pdf- ./Steven_Birkett_-_SoS_Decision.pdf- ./Steven_Birkett_-_SoS_Decision.pdf- ./Steven_Birkett_-_SoS_Decision.pdf- ./Steven_Birkett_-_SoS_Decision.pdf- 5 ./Steven_Birkett_-_SoS_Decision.pdf- -- ./Steven_Birkett_-_SoS_Decision.pdf-Pupil A's name which was linked to Mr Birkett's own personal email account and it has ./Steven_Birkett_-_SoS_Decision.pdf-been admitted, as set out above. ./Steven_Birkett_-_SoS_Decision.pdf- ./Steven_Birkett_-_SoS_Decision.pdf-With regard to allegation 1b i and ii: this was also admitted during the investigatory ./Steven_Birkett_-_SoS_Decision.pdf-interview with the School; the pictures were obtained as part of the police investigation; ./Steven_Birkett_-_SoS_Decision.pdf-the police investigation revealed that neither the parents nor the School had provided ./Steven_Birkett_-_SoS_Decision.pdf-permission for the photographs to be used and it has been admitted, as set out above. ./Steven_Birkett_-_SoS_Decision.pdf- ./Steven_Birkett_-_SoS_Decision.pdf-Allegation 2, has been admitted by way of the statement of facts, specifically at ./Steven_Birkett_-_SoS_Decision.pdf-paragraph 14 where it sets out that he admits that .."he knew or ought to have known that ./Steven_Birkett_-_SoS_Decision.pdf:the website was one which was frequented by individuals with a sexual interest in ./Steven_Birkett_-_SoS_Decision.pdf-children, and that he was aware of this before posting images to the website." This is ./Steven_Birkett_-_SoS_Decision.pdf-supported by: the police summary regarding the nature and use of the website as being ./Steven_Birkett_-_SoS_Decision.pdf-one which, whilst legitimate, is frequented by paedophiles and used to source their ./Steven_Birkett_-_SoS_Decision.pdf-material; the length of time (since 2007) he had been registered on the website and the ./Steven_Birkett_-_SoS_Decision.pdf-names given to the folders ("Cute [girl's name] 3/4 yo, Little Cuties, Cute [girl's name] ./Steven_Birkett_-_SoS_Decision.pdf-8yo"). From this, the panel concludes as is admitted, that Mr Birkett had actual, rather ./Steven_Birkett_-_SoS_Decision.pdf-than constructive, knowledge. ./Steven_Birkett_-_SoS_Decision.pdf- ./Steven_Birkett_-_SoS_Decision.pdf-The panel considers that the admissions that have been made are clear and ./Steven_Birkett_-_SoS_Decision.pdf-unequivocal. Moreover, the panel carefully considered the evidence in the bundle and -- ./Steven_Birkett_-_SoS_Decision.pdf-  "All schools based employees must take respnsibility for their own use of ./Steven_Birkett_-_SoS_Decision.pdf- technologies and the internet, making sure that they are used legally, safely and ./Steven_Birkett_-_SoS_Decision.pdf- responsibly: ./Steven_Birkett_-_SoS_Decision.pdf-  All school based employees must ensure that all electronic communication ./Steven_Birkett_-_SoS_Decision.pdf- with…others is compatible with their professional role and in line with school ./Steven_Birkett_-_SoS_Decision.pdf- protocols." ./Steven_Birkett_-_SoS_Decision.pdf-Further, the panel considers that his actions were also in breach of the School's Staff ./Steven_Birkett_-_SoS_Decision.pdf-Code of Conduct, in that [staff]: ./Steven_Birkett_-_SoS_Decision.pdf- ./Steven_Birkett_-_SoS_Decision.pdf-  "Have a duty to keep pupils safe, promote their welfare and to protect them from ./Steven_Birkett_-_SoS_Decision.pdf: sexual, physical and emotional harm; ./Steven_Birkett_-_SoS_Decision.pdf-  are expected to make responsible and informed judgements about your own ./Steven_Birkett_-_SoS_Decision.pdf- behaviour in order to secure the best interests and welfare of the pupils for which ./Steven_Birkett_-_SoS_Decision.pdf- that individual is responsible." ./Steven_Birkett_-_SoS_Decision.pdf-The panel has taken into account the factors listed at page eight of the Advice and ./Steven_Birkett_-_SoS_Decision.pdf-concludes that Mr Birkett's actions in uploading photographs of children to a website that ./Steven_Birkett_-_SoS_Decision.pdf:he knew was frequented by people with a sexual interest in children, is a gravely serious ./Steven_Birkett_-_SoS_Decision.pdf-matter and is conduct which brings the profession into disrepute. ./Steven_Birkett_-_SoS_Decision.pdf- ./Steven_Birkett_-_SoS_Decision.pdf- 7 ./Steven_Birkett_-_SoS_Decision.pdf- -- ./Steven_Birkett_-_SoS_Decision.pdf-  It was not an isolated incident in that it was repeated; ./Steven_Birkett_-_SoS_Decision.pdf- ./Steven_Birkett_-_SoS_Decision.pdf-  It was a gross breach of Pupil A's privacy in that the email existed on the website ./Steven_Birkett_-_SoS_Decision.pdf- for more than two months; ./Steven_Birkett_-_SoS_Decision.pdf- ./Steven_Birkett_-_SoS_Decision.pdf-  It was a gross breach of Pupil X and Z's privacy in that their images were posted ./Steven_Birkett_-_SoS_Decision.pdf- on the website for at least ten days. There was a potential risk of identification ./Steven_Birkett_-_SoS_Decision.pdf- from the school uniform in one of the photographs; ./Steven_Birkett_-_SoS_Decision.pdf- ./Steven_Birkett_-_SoS_Decision.pdf-  He uploaded photographs of children to a website that he knew was frequented by ./Steven_Birkett_-_SoS_Decision.pdf: people with a sexual interest in children; ./Steven_Birkett_-_SoS_Decision.pdf- ./Steven_Birkett_-_SoS_Decision.pdf-In the light of these factors, the panel balanced the interests of Mr Birkett in maintaining ./Steven_Birkett_-_SoS_Decision.pdf-his career and the public interest of retaining a teacher against the public interest of ./Steven_Birkett_-_SoS_Decision.pdf-maintaining confidence in, and upholding and declaring, proper standards within the ./Steven_Birkett_-_SoS_Decision.pdf-profession. ./Steven_Birkett_-_SoS_Decision.pdf- ./Steven_Birkett_-_SoS_Decision.pdf-The panel considers that publication of the decision alone would be inadequate to meet ./Steven_Birkett_-_SoS_Decision.pdf-the public interest. Given the serious nature of the conduct, the panel considers that ./Steven_Birkett_-_SoS_Decision.pdf-applying the standard of the ordinary, intelligent citizen, recommending no prohibition ./Steven_Birkett_-_SoS_Decision.pdf-order is likely to compromise public confidence in the profession. Therefore, a prohibition ./Steven_Birkett_-_SoS_Decision.pdf-order is both proportionate and necessary in order to protect the public interest because ./Steven_Birkett_-_SoS_Decision.pdf-the following features are present: ./Steven_Birkett_-_SoS_Decision.pdf- ./Steven_Birkett_-_SoS_Decision.pdf-  The serious departure from the personal and professional conduct elements of the ./Steven_Birkett_-_SoS_Decision.pdf- Teachers' Standards; ./Steven_Birkett_-_SoS_Decision.pdf- ./Steven_Birkett_-_SoS_Decision.pdf-  Abuse of a position of trust or violation of the rights of pupils; ./Steven_Birkett_-_SoS_Decision.pdf- ./Steven_Birkett_-_SoS_Decision.pdf:  Although the images were not indecent or sexual he uploaded them to a website ./Steven_Birkett_-_SoS_Decision.pdf: which he knew was frequented by people with a sexual interest in children; ./Steven_Birkett_-_SoS_Decision.pdf- ./Steven_Birkett_-_SoS_Decision.pdf-  …deliberate behaviour which undermines pupils, the profession, the school and ./Steven_Birkett_-_SoS_Decision.pdf- colleagues. ./Steven_Birkett_-_SoS_Decision.pdf- ./Steven_Birkett_-_SoS_Decision.pdf-The panel considered that, in his representations, Mr Birkett has not provided an ./Steven_Birkett_-_SoS_Decision.pdf-adequate explanation for his behaviour. More importantly, there has been no ./Steven_Birkett_-_SoS_Decision.pdf-acknowledgment of the effect his actions was likely to have had on the children involved ./Steven_Birkett_-_SoS_Decision.pdf-or their families or of the danger that they were exposed to by him. Although Mr Birkett ./Steven_Birkett_-_SoS_Decision.pdf-has made admissions to the facts, the panel is not satisfied that he has shown an ./Steven_Birkett_-_SoS_Decision.pdf-adequate degree of insight into his conduct. -- ./Steven_Birkett_-_SoS_Decision.pdf-achieve the overall aim. I have to consider whether the consequences of such a ./Steven_Birkett_-_SoS_Decision.pdf-publication are themselves sufficient. I have considered therefore whether or not ./Steven_Birkett_-_SoS_Decision.pdf-prohibiting Mr Birkett, and the impact that will have on him, is proportionate. ./Steven_Birkett_-_SoS_Decision.pdf- ./Steven_Birkett_-_SoS_Decision.pdf-In this case I have considered the extent to which a prohibition order would protect ./Steven_Birkett_-_SoS_Decision.pdf-children. The panel has observed “it was a gross breach of Pupil A's privacy in that the ./Steven_Birkett_-_SoS_Decision.pdf-email existed on the website for more than two months; it was a gross breach of Pupil X ./Steven_Birkett_-_SoS_Decision.pdf-and Z's privacy in that their images were posted on the website for at least ten days. ./Steven_Birkett_-_SoS_Decision.pdf-There was a potential risk of identification from the school uniform in one of the ./Steven_Birkett_-_SoS_Decision.pdf-photographs; he uploaded photographs of children to a website that he knew was ./Steven_Birkett_-_SoS_Decision.pdf:frequented by people with a sexual interest in children”. ./Steven_Birkett_-_SoS_Decision.pdf- ./Steven_Birkett_-_SoS_Decision.pdf-A prohibition order would therefore prevent such a serious risk from being present in the ./Steven_Birkett_-_SoS_Decision.pdf-future. I have also taken into account the panel’s comments on insight, which the panel ./Steven_Birkett_-_SoS_Decision.pdf-sets out as follows, “there has been no acknowledgment of the effect his actions was ./Steven_Birkett_-_SoS_Decision.pdf-likely to have had on the children involved or their families or of the danger that they were ./Steven_Birkett_-_SoS_Decision.pdf-exposed to by him. Although Mr Birkett has made admissions to the facts, the panel is ./Steven_Birkett_-_SoS_Decision.pdf-not satisfied that he has shown an adequate degree of insight into his conduct.” ./Steven_Birkett_-_SoS_Decision.pdf- ./Steven_Birkett_-_SoS_Decision.pdf-In my judgement the lack of insight means that there is some risk of the repetition of this ./Steven_Birkett_-_SoS_Decision.pdf-behaviour and this risks the future well-being of children. I have therefore given this ./Steven_Birkett_-_SoS_Decision.pdf-element considerable weight in reaching my decision. ./Steven_Birkett_-_SoS_Decision.pdf- ./Steven_Birkett_-_SoS_Decision.pdf-I have gone on to consider the extent to which a prohibition order would maintain public ./Steven_Birkett_-_SoS_Decision.pdf-confidence in the profession. The panel observe, “Mr Birkett's actions in uploading ./Steven_Birkett_-_SoS_Decision.pdf-photographs of children to a website that he knew was frequented by people with a ./Steven_Birkett_-_SoS_Decision.pdf:sexual interest in children, is a gravely serious matter and is conduct which brings the ./Steven_Birkett_-_SoS_Decision.pdf-profession into disrepute.” ./Steven_Birkett_-_SoS_Decision.pdf- ./Steven_Birkett_-_SoS_Decision.pdf-I have had to consider that the public has a high expectation of professional standards of ./Steven_Birkett_-_SoS_Decision.pdf-all teachers and that failure to impose a prohibition order might be regarded by the public ./Steven_Birkett_-_SoS_Decision.pdf-as a failure to uphold those high standards. In weighing these considerations I have had ./Steven_Birkett_-_SoS_Decision.pdf-to consider the matter from the point of view of an “ordinary intelligent and well-informed ./Steven_Birkett_-_SoS_Decision.pdf-citizen.” ./Steven_Birkett_-_SoS_Decision.pdf- ./Steven_Birkett_-_SoS_Decision.pdf- ./Steven_Birkett_-_SoS_Decision.pdf- ./Stobart_Michael_SoS_decision_2.0.pdf- ./Stobart_Michael_SoS_decision_2.0.pdf- 1. On 14 October 2016 he inappropriately touched a female member of staff A ./Stobart_Michael_SoS_decision_2.0.pdf- (incident 1). ./Stobart_Michael_SoS_decision_2.0.pdf- ./Stobart_Michael_SoS_decision_2.0.pdf- 2. On either 23 January 2015 or 1 July 2015 he inappropriately touched a female ./Stobart_Michael_SoS_decision_2.0.pdf- member of staff B (incident 2). ./Stobart_Michael_SoS_decision_2.0.pdf- ./Stobart_Michael_SoS_decision_2.0.pdf- 3. On an unknown date after incident 2 he inappropriately touched a female member ./Stobart_Michael_SoS_decision_2.0.pdf- of staff B (incident 3). ./Stobart_Michael_SoS_decision_2.0.pdf- ./Stobart_Michael_SoS_decision_2.0.pdf: 4. Each of the touchings alleged was unwanted and sexual in nature. ./Stobart_Michael_SoS_decision_2.0.pdf- ./Stobart_Michael_SoS_decision_2.0.pdf-In the absence of a response from Mr Stobart, the allegations were taken to have not ./Stobart_Michael_SoS_decision_2.0.pdf-been admitted. ./Stobart_Michael_SoS_decision_2.0.pdf- ./Stobart_Michael_SoS_decision_2.0.pdf- ./Stobart_Michael_SoS_decision_2.0.pdf-C. Preliminary applications ./Stobart_Michael_SoS_decision_2.0.pdf-Application to amend allegations ./Stobart_Michael_SoS_decision_2.0.pdf- ./Stobart_Michael_SoS_decision_2.0.pdf-The presenting officer made an application to amend allegation 1 by substituting the ./Stobart_Michael_SoS_decision_2.0.pdf-initials of the member of staff to “member of staff A”. Similarly, the presenting officer -- ./Stobart_Michael_SoS_decision_2.0.pdf-The panel confirmed that it had read all the documents provided in the bundle in advance ./Stobart_Michael_SoS_decision_2.0.pdf-of the hearing. ./Stobart_Michael_SoS_decision_2.0.pdf- ./Stobart_Michael_SoS_decision_2.0.pdf-Mr Stobart was employed as a Headteacher at the School until on or around 5 April ./Stobart_Michael_SoS_decision_2.0.pdf-2017. It was alleged that on three separate occasions Mr Stobart inappropriately ./Stobart_Michael_SoS_decision_2.0.pdf-touched two members of staff and each of these alleged touchings was unwanted and ./Stobart_Michael_SoS_decision_2.0.pdf:sexual. For this reason it was alleged that the conduct of Mr Stobart amounted to ./Stobart_Michael_SoS_decision_2.0.pdf-unacceptable professional conduct and/or conduct which may bring the profession into ./Stobart_Michael_SoS_decision_2.0.pdf-disrepute. ./Stobart_Michael_SoS_decision_2.0.pdf- ./Stobart_Michael_SoS_decision_2.0.pdf-Findings of fact ./Stobart_Michael_SoS_decision_2.0.pdf- ./Stobart_Michael_SoS_decision_2.0.pdf-Our findings of fact were as follows: ./Stobart_Michael_SoS_decision_2.0.pdf- ./Stobart_Michael_SoS_decision_2.0.pdf-The panel found the following particulars of the allegations proven, for these reasons: ./Stobart_Michael_SoS_decision_2.0.pdf- ./Stobart_Michael_SoS_decision_2.0.pdf- 1. On 14 October 2016 he inappropriately touched a female member of staff A -- ./Stobart_Michael_SoS_decision_2.0.pdf-determined that member of staff B’s account was comprehensive. ./Stobart_Michael_SoS_decision_2.0.pdf- ./Stobart_Michael_SoS_decision_2.0.pdf-The panel was of the view that there was no innocent explanation and that member of ./Stobart_Michael_SoS_decision_2.0.pdf-staff B genuinely believed she was touched inappropriately by Mr Stobart. ./Stobart_Michael_SoS_decision_2.0.pdf- ./Stobart_Michael_SoS_decision_2.0.pdf-The panel exercised caution when applying weight to hearsay evidence but was satisfied ./Stobart_Michael_SoS_decision_2.0.pdf-that the incident did, more likely than not, happen. ./Stobart_Michael_SoS_decision_2.0.pdf- ./Stobart_Michael_SoS_decision_2.0.pdf-The panel further determined that, on the balance of probabilities, Mr Stobart had the ./Stobart_Michael_SoS_decision_2.0.pdf-propensity to act in a way or make comments that could be determined, by the ordinary ./Stobart_Michael_SoS_decision_2.0.pdf:person, to be sexually inappropriate. ./Stobart_Michael_SoS_decision_2.0.pdf- ./Stobart_Michael_SoS_decision_2.0.pdf-On the balance of probabilities, the panel therefore found allegation 2 proven. ./Stobart_Michael_SoS_decision_2.0.pdf- ./Stobart_Michael_SoS_decision_2.0.pdf- 3. On an unknown date after incident 2 he inappropriately touched a female ./Stobart_Michael_SoS_decision_2.0.pdf- member of staff B (incident 3). ./Stobart_Michael_SoS_decision_2.0.pdf- ./Stobart_Michael_SoS_decision_2.0.pdf- ./Stobart_Michael_SoS_decision_2.0.pdf- 8 ./Stobart_Michael_SoS_decision_2.0.pdf- -- ./Stobart_Michael_SoS_decision_2.0.pdf-not available at the time or subsequently. ./Stobart_Michael_SoS_decision_2.0.pdf- ./Stobart_Michael_SoS_decision_2.0.pdf-Member of staff B felt awkward and uncomfortable about the incident but did not want to ./Stobart_Michael_SoS_decision_2.0.pdf-raise it as a formal grievance. ./Stobart_Michael_SoS_decision_2.0.pdf- ./Stobart_Michael_SoS_decision_2.0.pdf-The panel exercised caution when applying weight to hearsay evidence but was satisfied ./Stobart_Michael_SoS_decision_2.0.pdf-that the incident did, more likely than not, happen. ./Stobart_Michael_SoS_decision_2.0.pdf- ./Stobart_Michael_SoS_decision_2.0.pdf-The panel therefore found allegation 3 proven, on the balance of probabilities. ./Stobart_Michael_SoS_decision_2.0.pdf- ./Stobart_Michael_SoS_decision_2.0.pdf: 4. Each of the touchings alleged was unwanted and sexual in nature ./Stobart_Michael_SoS_decision_2.0.pdf- ./Stobart_Michael_SoS_decision_2.0.pdf-The panel went on to consider whether those particulars and elements of allegations 1, 2 ./Stobart_Michael_SoS_decision_2.0.pdf:and 3 found proven amounted to conduct that was unwanted and sexual in nature. The ./Stobart_Michael_SoS_decision_2.0.pdf-panel received legal advice in relation to how to approach the issues as to whether ./Stobart_Michael_SoS_decision_2.0.pdf:conduct could be described as sexual, and accepted that advice. ./Stobart_Michael_SoS_decision_2.0.pdf- ./Stobart_Michael_SoS_decision_2.0.pdf-The panel assessed in detail the circumstances in which the conduct took place to ./Stobart_Michael_SoS_decision_2.0.pdf:consider whether, on the balance of probabilities, the conduct was sexual in nature. The ./Stobart_Michael_SoS_decision_2.0.pdf-panel considered each particular found proven separately to determine whether the ./Stobart_Michael_SoS_decision_2.0.pdf:conduct was of a sexual nature. ./Stobart_Michael_SoS_decision_2.0.pdf- ./Stobart_Michael_SoS_decision_2.0.pdf-In respect of allegation 1, member of staff A, after the incident occurred, told Mr Stobart ./Stobart_Michael_SoS_decision_2.0.pdf:that his actions amounted to “sexual harassment”. The panel determined that the area ./Stobart_Michael_SoS_decision_2.0.pdf:touched by Mr Stobart would be deemed to be sexual. The panel further noted the ./Stobart_Michael_SoS_decision_2.0.pdf-impact that the incident had on member of staff A in that she suffered from anxiety ./Stobart_Michael_SoS_decision_2.0.pdf-following the incident and did not want to be left alone with Mr Stobart. During member ./Stobart_Michael_SoS_decision_2.0.pdf-of staff A’s oral witness testimony, the considerable impact of the incident on her was still ./Stobart_Michael_SoS_decision_2.0.pdf-apparent to the panel. ./Stobart_Michael_SoS_decision_2.0.pdf- ./Stobart_Michael_SoS_decision_2.0.pdf-In respect of allegation 2, the panel noted that member of staff B did not react in the ./Stobart_Michael_SoS_decision_2.0.pdf-same way as member of staff A but nonetheless found that the area touched by Mr ./Stobart_Michael_SoS_decision_2.0.pdf- ./Stobart_Michael_SoS_decision_2.0.pdf- ./Stobart_Michael_SoS_decision_2.0.pdf- 9 -- ./Stobart_Michael_SoS_decision_2.0.pdf:Stobart, on the balance of probabilities, would be deemed to be sexual. Member of staff ./Stobart_Michael_SoS_decision_2.0.pdf-B knew it was wrong but it did not “play on her mind”. She was new in post and felt that ./Stobart_Michael_SoS_decision_2.0.pdf-she could not report the incident. The panel found that this contact was clearly ./Stobart_Michael_SoS_decision_2.0.pdf-unwanted. ./Stobart_Michael_SoS_decision_2.0.pdf- ./Stobart_Michael_SoS_decision_2.0.pdf-In respect of allegation 3, the panel noted that the contact was made in a confined space, ./Stobart_Michael_SoS_decision_2.0.pdf-with no other person present. Since the incident, member of staff B tried to avoid being ./Stobart_Michael_SoS_decision_2.0.pdf-in close contact with Mr Stobart. She described feeling awkward and knew that Mr ./Stobart_Michael_SoS_decision_2.0.pdf-Stobart’s actions were wrong. The panel found that this contact was also clearly ./Stobart_Michael_SoS_decision_2.0.pdf:unwanted and of a sexual nature. ./Stobart_Michael_SoS_decision_2.0.pdf- ./Stobart_Michael_SoS_decision_2.0.pdf-On the balance of probabilities, the panel therefore found allegation 4 proven. ./Stobart_Michael_SoS_decision_2.0.pdf- ./Stobart_Michael_SoS_decision_2.0.pdf-Findings as to unacceptable professional conduct and conduct that ./Stobart_Michael_SoS_decision_2.0.pdf-may bring the profession into disrepute ./Stobart_Michael_SoS_decision_2.0.pdf- ./Stobart_Michael_SoS_decision_2.0.pdf-Having found a number of the allegations to have been proven, the panel went on to ./Stobart_Michael_SoS_decision_2.0.pdf-consider whether the facts of those proven allegations amounted to unacceptable ./Stobart_Michael_SoS_decision_2.0.pdf-professional conduct and/or conduct that may bring the profession into disrepute. ./Stobart_Michael_SoS_decision_2.0.pdf- -- ./Stobart_Michael_SoS_decision_2.0.pdf- • Teachers uphold public trust in the profession and maintain high standards of ./Stobart_Michael_SoS_decision_2.0.pdf- ethics and behaviour, within and outside school, by ./Stobart_Michael_SoS_decision_2.0.pdf- o showing tolerance of and respect for the rights of others. ./Stobart_Michael_SoS_decision_2.0.pdf-The panel was satisfied that the conduct of Mr Stobart amounted to misconduct of a ./Stobart_Michael_SoS_decision_2.0.pdf-serious nature which fell significantly short of the standards expected of the profession.. ./Stobart_Michael_SoS_decision_2.0.pdf- ./Stobart_Michael_SoS_decision_2.0.pdf-The panel also considered whether Mr Stobart’s conduct displayed behaviours ./Stobart_Michael_SoS_decision_2.0.pdf-associated with any of the offences listed on pages 8 and 9 of the Advice. ./Stobart_Michael_SoS_decision_2.0.pdf- ./Stobart_Michael_SoS_decision_2.0.pdf-The panel acknowledged that Mr Stobart had not been convicted of a relevant offence. ./Stobart_Michael_SoS_decision_2.0.pdf:However, the panel found that the behaviour involved in the offence of “sexual activity” ./Stobart_Michael_SoS_decision_2.0.pdf-might be relevant in the context of these allegations. ./Stobart_Michael_SoS_decision_2.0.pdf- ./Stobart_Michael_SoS_decision_2.0.pdf-The Advice indicates that where behaviours associated with such an offence exist, a ./Stobart_Michael_SoS_decision_2.0.pdf-panel is likely to conclude that an individual’s conduct would amount to unacceptable ./Stobart_Michael_SoS_decision_2.0.pdf-professional conduct. ./Stobart_Michael_SoS_decision_2.0.pdf- ./Stobart_Michael_SoS_decision_2.0.pdf- ./Stobart_Michael_SoS_decision_2.0.pdf- ./Stobart_Michael_SoS_decision_2.0.pdf- ./Stobart_Michael_SoS_decision_2.0.pdf- 10 -- ./Stobart_Michael_SoS_decision_2.0.pdf-orders should not be given in order to be punitive, or to show that blame has been ./Stobart_Michael_SoS_decision_2.0.pdf-apportioned, although they are likely to have punitive effect. ./Stobart_Michael_SoS_decision_2.0.pdf- ./Stobart_Michael_SoS_decision_2.0.pdf-The panel turned its mind to the particular public interest considerations set out in the ./Stobart_Michael_SoS_decision_2.0.pdf-Advice and having done so found a number of them to be relevant in this case, namely ./Stobart_Michael_SoS_decision_2.0.pdf-the protection of other members of the public, which the panel took to include members ./Stobart_Michael_SoS_decision_2.0.pdf-of staff, the maintenance of public confidence in the profession, declaring and upholding ./Stobart_Michael_SoS_decision_2.0.pdf-proper standards of conduct and the interest of retaining the teacher in the profession. ./Stobart_Michael_SoS_decision_2.0.pdf- ./Stobart_Michael_SoS_decision_2.0.pdf-In light of the panel’s findings against Mr Stobart, which involved inappropriate, unwanted ./Stobart_Michael_SoS_decision_2.0.pdf:and sexual behaviour towards members of staff at the School, the panel considered that ./Stobart_Michael_SoS_decision_2.0.pdf-public confidence in the profession could be seriously weakened if conduct such as that ./Stobart_Michael_SoS_decision_2.0.pdf-found against Mr Stobart were not treated with the utmost seriousness when regulating ./Stobart_Michael_SoS_decision_2.0.pdf-the conduct of the profession. ./Stobart_Michael_SoS_decision_2.0.pdf- ./Stobart_Michael_SoS_decision_2.0.pdf-The panel found that a strong public interest consideration in declaring proper standards ./Stobart_Michael_SoS_decision_2.0.pdf-of conduct in the profession was also present as Mr Stobart’s conduct was outside that ./Stobart_Michael_SoS_decision_2.0.pdf-which could reasonably be tolerated. ./Stobart_Michael_SoS_decision_2.0.pdf- ./Stobart_Michael_SoS_decision_2.0.pdf- ./Stobart_Michael_SoS_decision_2.0.pdf- -- ./Stobart_Michael_SoS_decision_2.0.pdf-considerations both in favour of and against prohibition as well as the interests of Mr ./Stobart_Michael_SoS_decision_2.0.pdf-Stobart. The panel took further account of the Advice, which suggests that a prohibition ./Stobart_Michael_SoS_decision_2.0.pdf-order may be appropriate if certain behaviours of a teacher have been proven. In the list ./Stobart_Michael_SoS_decision_2.0.pdf-of such behaviours, those which were relevant were: ./Stobart_Michael_SoS_decision_2.0.pdf- ./Stobart_Michael_SoS_decision_2.0.pdf- • serious departure from the personal and professional conduct elements of the ./Stobart_Michael_SoS_decision_2.0.pdf- Teachers’ Standards; ./Stobart_Michael_SoS_decision_2.0.pdf- • a deep-seated attitude that leads to harmful behaviour; ./Stobart_Michael_SoS_decision_2.0.pdf- • abuse of position of trust; ./Stobart_Michael_SoS_decision_2.0.pdf- • behaviour that undermines the school or colleagues; and ./Stobart_Michael_SoS_decision_2.0.pdf: • sexual misconduct, e.g. involving actions that were of a sexual nature and that use ./Stobart_Michael_SoS_decision_2.0.pdf- or exploit the trust, knowledge or influence derived from the individual’s ./Stobart_Michael_SoS_decision_2.0.pdf- professional position. ./Stobart_Michael_SoS_decision_2.0.pdf-Even though there were behaviours that would point to the appropriateness of a ./Stobart_Michael_SoS_decision_2.0.pdf-prohibition order, the panel went on to consider whether or not there were sufficient ./Stobart_Michael_SoS_decision_2.0.pdf-mitigating factors to militate against the appropriateness and proportionality of a ./Stobart_Michael_SoS_decision_2.0.pdf-prohibition order, particularly taking into account the nature and severity of the behaviour ./Stobart_Michael_SoS_decision_2.0.pdf-in this case. The panel found that there was no evidence that the teacher’s actions were ./Stobart_Michael_SoS_decision_2.0.pdf-not deliberate, there was no evidence to suggest that the teacher was acting under ./Stobart_Michael_SoS_decision_2.0.pdf-duress and as far as the panel was made aware, Mr Stobart had a previous good history. ./Stobart_Michael_SoS_decision_2.0.pdf-The panel noted that no references were provided from any colleagues that could attest -- ./Stobart_Michael_SoS_decision_2.0.pdf-The panel went on to consider whether or not it would be appropriate for it to decide to ./Stobart_Michael_SoS_decision_2.0.pdf-recommend that a review period of the order should be considered. The panel was ./Stobart_Michael_SoS_decision_2.0.pdf-mindful that the Advice states that a prohibition order applies for life, but there may be ./Stobart_Michael_SoS_decision_2.0.pdf-circumstances in any given case that may make it appropriate to allow a teacher to apply ./Stobart_Michael_SoS_decision_2.0.pdf-to have the prohibition order reviewed after a specified period of time that may not be ./Stobart_Michael_SoS_decision_2.0.pdf-less than 2 years. ./Stobart_Michael_SoS_decision_2.0.pdf- ./Stobart_Michael_SoS_decision_2.0.pdf-The Advice indicates that there are behaviours that, if proven, would militate against the ./Stobart_Michael_SoS_decision_2.0.pdf-recommendation of a review period. The panel found that none of these behaviours ./Stobart_Michael_SoS_decision_2.0.pdf-applied. The panel found that Mr Stobart was responsible for inappropriate and ./Stobart_Michael_SoS_decision_2.0.pdf:unwanted touchings of a sexual nature. Whilst the panel considered the allegations ./Stobart_Michael_SoS_decision_2.0.pdf-found proven to be of a serious nature, they were at the lower end of the possible ./Stobart_Michael_SoS_decision_2.0.pdf-spectrum. The panel noted that since Mr Stobart had not engaged with these ./Stobart_Michael_SoS_decision_2.0.pdf-proceedings, he had deprived himself of the opportunity to show remorse or insight. ./Stobart_Michael_SoS_decision_2.0.pdf- ./Stobart_Michael_SoS_decision_2.0.pdf-The panel felt the findings indicated a situation in which a review period would be ./Stobart_Michael_SoS_decision_2.0.pdf-appropriate and as such decided that it would be proportionate in all the circumstances ./Stobart_Michael_SoS_decision_2.0.pdf-for the prohibition order to be recommended with provisions for a review period of 2 ./Stobart_Michael_SoS_decision_2.0.pdf-years. A review period would allow Mr Stobart to engage with the proceedings, ./Stobart_Michael_SoS_decision_2.0.pdf-acknowledge his behaviour and demonstrate insight and remorse. ./Stobart_Michael_SoS_decision_2.0.pdf- -- ./Stobart_Michael_SoS_decision_2.0.pdf-In particular, the panel has found that Mr Stobart is in breach of the following standards: ./Stobart_Michael_SoS_decision_2.0.pdf- ./Stobart_Michael_SoS_decision_2.0.pdf- • Teachers uphold public trust in the profession and maintain high standards of ./Stobart_Michael_SoS_decision_2.0.pdf- ethics and behaviour, within and outside school, by ./Stobart_Michael_SoS_decision_2.0.pdf- o showing tolerance of and respect for the rights of others. ./Stobart_Michael_SoS_decision_2.0.pdf-The panel was satisfied that the conduct of Mr Stobart amounted to misconduct of a ./Stobart_Michael_SoS_decision_2.0.pdf-serious nature which fell significantly short of the standards expected of the profession.. ./Stobart_Michael_SoS_decision_2.0.pdf- ./Stobart_Michael_SoS_decision_2.0.pdf-The panel has gone on to say that it, “ acknowledged that Mr Stobart had not been ./Stobart_Michael_SoS_decision_2.0.pdf-convicted of a relevant offence. However, the panel found that the behaviour involved in ./Stobart_Michael_SoS_decision_2.0.pdf:the offence of “sexual activity” might be relevant in the context of these allegations.” ./Stobart_Michael_SoS_decision_2.0.pdf- ./Stobart_Michael_SoS_decision_2.0.pdf:The findings of misconduct are particularly serious as they include a finding of sexual ./Stobart_Michael_SoS_decision_2.0.pdf-activity on the part of a headteacher. ./Stobart_Michael_SoS_decision_2.0.pdf- ./Stobart_Michael_SoS_decision_2.0.pdf-I have to determine whether the imposition of a prohibition order is proportionate and in ./Stobart_Michael_SoS_decision_2.0.pdf-the public interest. In considering that for this case, I have considered the overall aim of a ./Stobart_Michael_SoS_decision_2.0.pdf-prohibition order which is to protect pupils and to maintain public confidence in the ./Stobart_Michael_SoS_decision_2.0.pdf-profession. I have considered the extent to which a prohibition order in this case would ./Stobart_Michael_SoS_decision_2.0.pdf-achieve that aim taking into account the impact that it will have on the individual teacher. ./Stobart_Michael_SoS_decision_2.0.pdf-I have also asked myself, whether a less intrusive measure, such as the published ./Stobart_Michael_SoS_decision_2.0.pdf-finding of unacceptable professional conduct and conduct that may bring the profession ./Stobart_Michael_SoS_decision_2.0.pdf-into disrepute, would itself be sufficient to achieve the overall aim. I have to consider -- ./Stobart_Michael_SoS_decision_2.0.pdf:I am particularly mindful of the finding of sexual misconduct in this case and the impact ./Stobart_Michael_SoS_decision_2.0.pdf-that such a finding has on the reputation of the profession. ./Stobart_Michael_SoS_decision_2.0.pdf- ./Stobart_Michael_SoS_decision_2.0.pdf-I have had to consider that the public has a high expectation of professional standards of ./Stobart_Michael_SoS_decision_2.0.pdf-all teachers and that the public might regard a failure to impose a prohibition order as a ./Stobart_Michael_SoS_decision_2.0.pdf-failure to uphold those high standards. In weighing these considerations, I have had to ./Stobart_Michael_SoS_decision_2.0.pdf-consider the matter from the point of view of an “ordinary intelligent and well-informed ./Stobart_Michael_SoS_decision_2.0.pdf-citizen.” ./Stobart_Michael_SoS_decision_2.0.pdf- ./Stobart_Michael_SoS_decision_2.0.pdf-I have considered whether the publication of a finding of unacceptable professional ./Stobart_Michael_SoS_decision_2.0.pdf-conduct, in the absence of a prohibition order, can itself be regarded by such a person as -- ./Stobart_Michael_SoS_decision_2.0.pdf-history. The panel noted that no references were provided from any colleagues that could ./Stobart_Michael_SoS_decision_2.0.pdf-attest to Mr Stobart’s abilities as a teacher.” ./Stobart_Michael_SoS_decision_2.0.pdf- ./Stobart_Michael_SoS_decision_2.0.pdf- A prohibition order would prevent Mr Stobart from teaching and would also clearly ./Stobart_Michael_SoS_decision_2.0.pdf-deprive the public of his contribution to the profession for the period that it is in force. ./Stobart_Michael_SoS_decision_2.0.pdf- ./Stobart_Michael_SoS_decision_2.0.pdf-In this case, I have placed considerable weight on the panel’s comments concerning the ./Stobart_Michael_SoS_decision_2.0.pdf-lack of insight or remorse. ./Stobart_Michael_SoS_decision_2.0.pdf- ./Stobart_Michael_SoS_decision_2.0.pdf-I have also placed considerable weight on the finding of the panel that Mr Stobart, “ was ./Stobart_Michael_SoS_decision_2.0.pdf:responsible for inappropriate and unwanted touchings of a sexual nature.” ./Stobart_Michael_SoS_decision_2.0.pdf- ./Stobart_Michael_SoS_decision_2.0.pdf-I have given less weight in my consideration of sanction therefore, to the contribution that ./Stobart_Michael_SoS_decision_2.0.pdf-Mr Stobart has made to the profession. In my view, it is necessary to impose a prohibition ./Stobart_Michael_SoS_decision_2.0.pdf-order in order to maintain public confidence in the profession. A published decision, in ./Stobart_Michael_SoS_decision_2.0.pdf-light of the circumstances in this case, that is not backed up by remorse or insight, does ./Stobart_Michael_SoS_decision_2.0.pdf-not in my view satisfy the public interest requirement concerning public confidence in the ./Stobart_Michael_SoS_decision_2.0.pdf-profession. ./Stobart_Michael_SoS_decision_2.0.pdf- ./Stobart_Michael_SoS_decision_2.0.pdf-For these reasons, I have concluded that a prohibition order is proportionate and in the ./Stobart_Michael_SoS_decision_2.0.pdf-public interest in order to achieve the intended aims of a prohibition order. ./Sullivan__Christopher_-_Web_Decision.pdf-whilst employed by Derbyshire County Council as a teacher he abused his position of ./Sullivan__Christopher_-_Web_Decision.pdf-trust towards pupils in his care in that he: ./Sullivan__Christopher_-_Web_Decision.pdf- ./Sullivan__Christopher_-_Web_Decision.pdf- 1. Acted inappropriately toward Pupil A on 25 March 2011 by: ./Sullivan__Christopher_-_Web_Decision.pdf- a. Approaching her whilst alone with her in a classroom at school; ./Sullivan__Christopher_-_Web_Decision.pdf- b. Placing his hand on her leg; ./Sullivan__Christopher_-_Web_Decision.pdf- c. Moving his hand up her skirt; ./Sullivan__Christopher_-_Web_Decision.pdf- d. Touching her around the back and front underneath her skirt; ./Sullivan__Christopher_-_Web_Decision.pdf- 2. Acted inappropriately toward Pupil B by hugging her on at least one occasion and ./Sullivan__Christopher_-_Web_Decision.pdf- massaging her shoulders on at least one occasion in January to February 2011. ./Sullivan__Christopher_-_Web_Decision.pdf: 3. His conduct in regard to allegations 1 and 2 was sexually motivated. ./Sullivan__Christopher_-_Web_Decision.pdf- ./Sullivan__Christopher_-_Web_Decision.pdf- ./Sullivan__Christopher_-_Web_Decision.pdf-C. Preliminary applications ./Sullivan__Christopher_-_Web_Decision.pdf-The panel considered preliminary applications from the parties to admit some additional ./Sullivan__Christopher_-_Web_Decision.pdf-documents, specifically: ./Sullivan__Christopher_-_Web_Decision.pdf- ./Sullivan__Christopher_-_Web_Decision.pdf- 1. the full minutes of the disciplinary meeting of 13 December 2012; ./Sullivan__Christopher_-_Web_Decision.pdf- 2. an unsigned witness statement by Mr Sullivan; ./Sullivan__Christopher_-_Web_Decision.pdf- 3. a completed copy of the Notice of Proceedings Form. ./Sullivan__Christopher_-_Web_Decision.pdf-The panel admitted all these documents and labelled them documents A, B and C -- ./Sullivan__Christopher_-_Web_Decision.pdf-relieved when his behaviour stopped after Individual A had a quiet word with him. ./Sullivan__Christopher_-_Web_Decision.pdf- ./Sullivan__Christopher_-_Web_Decision.pdf-The panel also noted Mr Sullivan’s own admission that he could be “touchy-feely” with ./Sullivan__Christopher_-_Web_Decision.pdf-students and that he sometimes did place his hands on the shoulders of pupils, although ./Sullivan__Christopher_-_Web_Decision.pdf-he denied massaging them. ./Sullivan__Christopher_-_Web_Decision.pdf- ./Sullivan__Christopher_-_Web_Decision.pdf-The panel considered that it was more likely than not that Mr Sullivan had hugged Pupil B ./Sullivan__Christopher_-_Web_Decision.pdf-and massaged her shoulders on at least one occasion in the manner demonstrated by ./Sullivan__Christopher_-_Web_Decision.pdf-Pupil B. ./Sullivan__Christopher_-_Web_Decision.pdf- ./Sullivan__Christopher_-_Web_Decision.pdf:3. His conduct in regard to allegation 2 was sexually motivated. ./Sullivan__Christopher_-_Web_Decision.pdf- ./Sullivan__Christopher_-_Web_Decision.pdf:The panel found allegation 2 proven, so went on to consider if it was sexually motivated. ./Sullivan__Christopher_-_Web_Decision.pdf:The panel considered whether, on the balance of probabilities, sexual motivation could ./Sullivan__Christopher_-_Web_Decision.pdf-be inferred from all the circumstances of the case. The panel bore in mind that a finding ./Sullivan__Christopher_-_Web_Decision.pdf:that the alleged touching was inappropriate did not necessarily mean that it was sexually ./Sullivan__Christopher_-_Web_Decision.pdf-motivated. ./Sullivan__Christopher_-_Web_Decision.pdf- ./Sullivan__Christopher_-_Web_Decision.pdf:The panel found it helpful to consider sexual motivation in two stages: firstly, whether ./Sullivan__Christopher_-_Web_Decision.pdf:reasonable persons would think the actions found proven could be sexual, ie, the ./Sullivan__Christopher_-_Web_Decision.pdf-objective test; and if so, secondly, whether, in all the circumstances of the conduct in the ./Sullivan__Christopher_-_Web_Decision.pdf:case, the teacher’s purpose of such actions was sexual, ie, the subjective test. ./Sullivan__Christopher_-_Web_Decision.pdf- ./Sullivan__Christopher_-_Web_Decision.pdf-On balance, the panel considered that on an objective basis only, the conduct found ./Sullivan__Christopher_-_Web_Decision.pdf:proven could be considered to be sexually motivated. Pupil B felt uncomfortable and ./Sullivan__Christopher_-_Web_Decision.pdf-complained. Her fellow pupils teased her about Mr Sullivan’s behaviour toward her. The ./Sullivan__Christopher_-_Web_Decision.pdf-panel was of the view that the nature of the teasing was clearly as a result of the ./Sullivan__Christopher_-_Web_Decision.pdf:potentially sexual nature of his conduct. The panel also felt that hugs from behind were ./Sullivan__Christopher_-_Web_Decision.pdf-particularly intimate given that Mr Sullivan’s face was close to Pupil B’s face, and his ./Sullivan__Christopher_-_Web_Decision.pdf-arms were loosely linked about her shoulders, and his actions could be described as an ./Sullivan__Christopher_-_Web_Decision.pdf-embrace. ./Sullivan__Christopher_-_Web_Decision.pdf- ./Sullivan__Christopher_-_Web_Decision.pdf-The panel went on to consider whether, on a subjective basis, Mr Sullivan’s behaviour ./Sullivan__Christopher_-_Web_Decision.pdf:was sexually motivated. The panel was cautious in proceeding as the allegation required ./Sullivan__Christopher_-_Web_Decision.pdf-establishing Mr Sullivan’s state of mind in carrying out the hugging and massaging, and ./Sullivan__Christopher_-_Web_Decision.pdf- ./Sullivan__Christopher_-_Web_Decision.pdf- ./Sullivan__Christopher_-_Web_Decision.pdf- 7 ./Sullivan__Christopher_-_Web_Decision.pdf- -- ./Sullivan__Christopher_-_Web_Decision.pdf-in the absence of Mr Sullivan the panel carefully drew inferences from all the ./Sullivan__Christopher_-_Web_Decision.pdf-circumstances of the case. In particular, the panel considered whether there might have ./Sullivan__Christopher_-_Web_Decision.pdf-been any other reason for the touching, such as naïve friendliness or inability to gain the ./Sullivan__Christopher_-_Web_Decision.pdf-pupil’s attention any other way. The panel did not consider that the conduct found proven ./Sullivan__Christopher_-_Web_Decision.pdf-would have been for the purposes of gaining Pupil B’s attention, particularly as they took ./Sullivan__Christopher_-_Web_Decision.pdf-place either in the corridor or in her tutor group, as in both cases it would have been ./Sullivan__Christopher_-_Web_Decision.pdf-possible for Mr Sullivan to gain her attention without touching. ./Sullivan__Christopher_-_Web_Decision.pdf- ./Sullivan__Christopher_-_Web_Decision.pdf-However, the panel was mindful of Mr Sullivan’s admission that he was “touchy-feely” ./Sullivan__Christopher_-_Web_Decision.pdf-and friendly in his general approach to pupils. The panel also noted Mr Sullivan’s denial ./Sullivan__Christopher_-_Web_Decision.pdf:that any touching was sexually motivated and Pupil B’s confirmation that he had never ./Sullivan__Christopher_-_Web_Decision.pdf-said anything inappropriate to her. ./Sullivan__Christopher_-_Web_Decision.pdf- ./Sullivan__Christopher_-_Web_Decision.pdf:The panel considered that there was evidence both for and against sexual motivation. ./Sullivan__Christopher_-_Web_Decision.pdf-However, the panel was of the view that Mr Sullivan singled Pupil B out with his conduct, ./Sullivan__Christopher_-_Web_Decision.pdf-as there was no evidence that he behaved in the same way toward other pupils. Pupil B ./Sullivan__Christopher_-_Web_Decision.pdf-said she saw him most mornings for a period of just over a month when he came into her ./Sullivan__Christopher_-_Web_Decision.pdf-tutor room, and 3 to 4 mornings a week he would hug her. The panel was satisfied that, ./Sullivan__Christopher_-_Web_Decision.pdf-as Mr Sullivan was not her teacher or her form tutor, there was no reason for him to be in ./Sullivan__Christopher_-_Web_Decision.pdf-her tutor group in the morning. The panel was supported in this finding by the fact that Mr ./Sullivan__Christopher_-_Web_Decision.pdf-Sullivan stopped going into her tutor group after Individual A told him not to be ./Sullivan__Christopher_-_Web_Decision.pdf-overfamiliar with Pupil B. ./Sullivan__Christopher_-_Web_Decision.pdf- ./Sullivan__Christopher_-_Web_Decision.pdf-On that basis, on the balance of probabilities, the panel found allegation 3 proven in -- ./Sullivan__Christopher_-_Web_Decision.pdf-probabilities, solely on the evidence before the panel. On balance, the panel considered ./Sullivan__Christopher_-_Web_Decision.pdf-that she did not and therefore found this allegation not proven. ./Sullivan__Christopher_-_Web_Decision.pdf- ./Sullivan__Christopher_-_Web_Decision.pdf:3. His conduct in regard to allegation 1 was sexually motivated. ./Sullivan__Christopher_-_Web_Decision.pdf- ./Sullivan__Christopher_-_Web_Decision.pdf-The panel found allegation 1 not proven, so on that basis the panel did not need to go on ./Sullivan__Christopher_-_Web_Decision.pdf:to consider whether it was sexually motivated. ./Sullivan__Christopher_-_Web_Decision.pdf- ./Sullivan__Christopher_-_Web_Decision.pdf-Findings as to unacceptable professional conduct ./Sullivan__Christopher_-_Web_Decision.pdf-Having found allegation 2 and part of allegation 3 proven, the panel went on to consider ./Sullivan__Christopher_-_Web_Decision.pdf-whether this amounted to unacceptable professional conduct. ./Sullivan__Christopher_-_Web_Decision.pdf- ./Sullivan__Christopher_-_Web_Decision.pdf-In considering the allegations that the panel has found proven, the panel has had regard ./Sullivan__Christopher_-_Web_Decision.pdf-to the definitions in the Teacher Misconduct – Prohibition of Teachers advice (the ./Sullivan__Christopher_-_Web_Decision.pdf-“Guidance”). The panel noted that unacceptable professional conduct was “misconduct of ./Sullivan__Christopher_-_Web_Decision.pdf-a serious nature, falling significantly short of the standard of behaviour expected of a ./Sullivan__Christopher_-_Web_Decision.pdf-teacher”. In making its decision in this respect, the panel drew on its own knowledge and -- ./Sullivan__Christopher_-_Web_Decision.pdf- and at all times observing proper boundaries appropriate to a teacher’s ./Sullivan__Christopher_-_Web_Decision.pdf- professional position; ./Sullivan__Christopher_-_Web_Decision.pdf- o having regard for the need to safeguard pupils’ well-being, in accordance ./Sullivan__Christopher_-_Web_Decision.pdf- with statutory provisions; ./Sullivan__Christopher_-_Web_Decision.pdf- o showing tolerance of and respect for the rights of others… ./Sullivan__Christopher_-_Web_Decision.pdf-  Teachers must have proper and professional regard for the ethos, policies and ./Sullivan__Christopher_-_Web_Decision.pdf- practices of the school in which they teach… ./Sullivan__Christopher_-_Web_Decision.pdf-  Teachers must have an understanding of, and always act within, the statutory ./Sullivan__Christopher_-_Web_Decision.pdf- frameworks which set out their professional duties and responsibilities. ./Sullivan__Christopher_-_Web_Decision.pdf-It was clear that Mr Sullivan had inappropriately touched Pupil B on a number of ./Sullivan__Christopher_-_Web_Decision.pdf:occasions, and that this touching was sexually motivated. He invaded Pupil B’s personal ./Sullivan__Christopher_-_Web_Decision.pdf-space and caused substantial embarrassment to her. Mr Sullivan would have been ./Sullivan__Christopher_-_Web_Decision.pdf-aware from regular safeguarding training at the school and from the school’s policies, the ./Sullivan__Christopher_-_Web_Decision.pdf-importance of avoiding physical contact with pupils unless justified by the circumstances ./Sullivan__Christopher_-_Web_Decision.pdf- ./Sullivan__Christopher_-_Web_Decision.pdf- ./Sullivan__Christopher_-_Web_Decision.pdf- ./Sullivan__Christopher_-_Web_Decision.pdf- 12 ./Sullivan__Christopher_-_Web_Decision.pdf- -- ./Sullivan__Christopher_-_Web_Decision.pdf-or the specific role of the individual teacher. There was no justification for such intimate ./Sullivan__Christopher_-_Web_Decision.pdf-contact. ./Sullivan__Christopher_-_Web_Decision.pdf- ./Sullivan__Christopher_-_Web_Decision.pdf-In accordance with the guidance, the panel also considered whether Mr Sullivan’s ./Sullivan__Christopher_-_Web_Decision.pdf-conduct displayed behaviours associated with any of the offences listed on pages 8 and ./Sullivan__Christopher_-_Web_Decision.pdf-9 of the Guidance. The panel found that behaviours associated with offences involving ./Sullivan__Christopher_-_Web_Decision.pdf:sexual activity were engaged, and in such cases the guidance stated that panels would ./Sullivan__Christopher_-_Web_Decision.pdf-be more likely to make a finding of unacceptable professional conduct. The panel saw no ./Sullivan__Christopher_-_Web_Decision.pdf-reason to depart from that position. ./Sullivan__Christopher_-_Web_Decision.pdf- ./Sullivan__Christopher_-_Web_Decision.pdf-Mr Sullivan had repeatedly breached several requirements of the Teachers’ Standards, ./Sullivan__Christopher_-_Web_Decision.pdf-and he was seemingly unaware of the distress caused to Pupil B. The panel considered ./Sullivan__Christopher_-_Web_Decision.pdf-that this was conduct falling significantly short of the standard of behaviour expected of a ./Sullivan__Christopher_-_Web_Decision.pdf-teacher. ./Sullivan__Christopher_-_Web_Decision.pdf- ./Sullivan__Christopher_-_Web_Decision.pdf-Accordingly, the panel was satisfied that Mr Sullivan was guilty of unacceptable ./Sullivan__Christopher_-_Web_Decision.pdf-professional conduct. -- ./Sullivan__Christopher_-_Web_Decision.pdf-has been apportioned, although they would be likely to have punitive effect. The panel ./Sullivan__Christopher_-_Web_Decision.pdf-was also conscious that a prohibition order would apply for life, but there might be ./Sullivan__Christopher_-_Web_Decision.pdf-circumstances that might make it appropriate to allow a teacher to apply to have the ./Sullivan__Christopher_-_Web_Decision.pdf-prohibition order reviewed after a specified period of time, not less than 2 years. ./Sullivan__Christopher_-_Web_Decision.pdf- ./Sullivan__Christopher_-_Web_Decision.pdf-The panel considered the particular public interest considerations set out in the guidance ./Sullivan__Christopher_-_Web_Decision.pdf-and, having done so, found a number of them to be relevant in this case, namely the ./Sullivan__Christopher_-_Web_Decision.pdf-protection of pupils, the maintenance of public confidence in the profession and declaring ./Sullivan__Christopher_-_Web_Decision.pdf-and upholding proper standards of conduct. ./Sullivan__Christopher_-_Web_Decision.pdf- ./Sullivan__Christopher_-_Web_Decision.pdf:In light of the panel’s findings against Mr Sullivan, which involved sexually motivated ./Sullivan__Christopher_-_Web_Decision.pdf-touching of Pupil B, the panel considered that there was a public interest consideration in ./Sullivan__Christopher_-_Web_Decision.pdf-the protection of pupils, particularly given Mr Sullivan’s admitted propensity to be “touchy- ./Sullivan__Christopher_-_Web_Decision.pdf-feely”. Similarly, the panel considered that public confidence in the profession could be ./Sullivan__Christopher_-_Web_Decision.pdf-weakened if conduct such as that found against Mr Sullivan was not treated with the ./Sullivan__Christopher_-_Web_Decision.pdf-utmost seriousness when regulating the conduct of the profession. Further, the panel ./Sullivan__Christopher_-_Web_Decision.pdf-considered that a public interest consideration in declaring proper standards of conduct in ./Sullivan__Christopher_-_Web_Decision.pdf- ./Sullivan__Christopher_-_Web_Decision.pdf- ./Sullivan__Christopher_-_Web_Decision.pdf- 13 ./Sullivan__Christopher_-_Web_Decision.pdf- -- ./Sullivan__Christopher_-_Web_Decision.pdf-the profession was also present as the conduct found against Mr Sullivan was outside ./Sullivan__Christopher_-_Web_Decision.pdf-that which could reasonably be tolerated. ./Sullivan__Christopher_-_Web_Decision.pdf- ./Sullivan__Christopher_-_Web_Decision.pdf:However, the panel considered that the sexual misconduct found against Mr Sullivan was ./Sullivan__Christopher_-_Web_Decision.pdf-at the lower end of the spectrum in terms of its nature and severity. His conduct lasted a ./Sullivan__Christopher_-_Web_Decision.pdf-period of 4 to 6 weeks and it stopped immediately after he was spoken to about it by a ./Sullivan__Christopher_-_Web_Decision.pdf-senior member of staff. The panel noted that the school took no further action. His ./Sullivan__Christopher_-_Web_Decision.pdf-actions were carried out in public, in front of other pupils, and he never said anything ./Sullivan__Christopher_-_Web_Decision.pdf-inappropriate to Pupil B. Whilst the panel had found that the conduct had crossed the ./Sullivan__Christopher_-_Web_Decision.pdf:threshold between naïve friendliness and sexually motivated conduct, the panel ./Sullivan__Christopher_-_Web_Decision.pdf-considered that this was only just above the threshold. ./Sullivan__Christopher_-_Web_Decision.pdf- ./Sullivan__Christopher_-_Web_Decision.pdf-The panel took further account of the guidance, which suggested that a prohibition order ./Sullivan__Christopher_-_Web_Decision.pdf-might be appropriate if certain behaviours of a teacher had been proven. In the list of ./Sullivan__Christopher_-_Web_Decision.pdf-such behaviours, those that were relevant in this case were: ./Sullivan__Christopher_-_Web_Decision.pdf- ./Sullivan__Christopher_-_Web_Decision.pdf-  serious departure from the personal and professional conduct elements of the ./Sullivan__Christopher_-_Web_Decision.pdf- Teachers’ Standards ./Sullivan__Christopher_-_Web_Decision.pdf-  misconduct seriously affecting the education and/or well-being of pupils, and ./Sullivan__Christopher_-_Web_Decision.pdf- particularly where there is a continuing risk ./Sullivan__Christopher_-_Web_Decision.pdf:  sexual misconduct, e.g. involving actions that were sexually motivated or of a ./Sullivan__Christopher_-_Web_Decision.pdf: sexual nature and/or that use or exploit the trust, knowledge or influence derived ./Sullivan__Christopher_-_Web_Decision.pdf- from the individual’s professional position. ./Sullivan__Christopher_-_Web_Decision.pdf-The panel was of the view that whilst Mr Sullivan’s conduct was a serious departure from ./Sullivan__Christopher_-_Web_Decision.pdf:the Teachers’ Standards, the nature of the sexual misconduct was of low severity and ./Sullivan__Christopher_-_Web_Decision.pdf-over a restricted time period. The panel was satisfied that the likelihood of repetition was ./Sullivan__Christopher_-_Web_Decision.pdf-low and accordingly there was little continuing risk to the well-being of pupils. ./Sullivan__Christopher_-_Web_Decision.pdf- ./Sullivan__Christopher_-_Web_Decision.pdf-Further, even though there were behaviours that would point to a prohibition order being ./Sullivan__Christopher_-_Web_Decision.pdf-appropriate, the panel went on to consider whether or not there were sufficient mitigating ./Sullivan__Christopher_-_Web_Decision.pdf-factors to militate against a prohibition order being an appropriate and proportionate ./Sullivan__Christopher_-_Web_Decision.pdf-measure to impose. The panel took into account the fact that Mr Sullivan had had a good ./Sullivan__Christopher_-_Web_Decision.pdf-record as a teacher and had risen to the role of head of faculty. ./Sullivan__Christopher_-_Web_Decision.pdf- ./Sullivan__Christopher_-_Web_Decision.pdf-In addition, the panel noted that Mr Sullivan had been subject to an interim prohibition ./Sullivan__Christopher_-_Web_Decision.pdf-order since August 2013. ./Sullivan__Christopher_-_Web_Decision.pdf- ./Sullivan__Christopher_-_Web_Decision.pdf-Taking all of the circumstances into account, the panel carefully balanced the public ./Sullivan__Christopher_-_Web_Decision.pdf-interest considerations against the interest of Mr Sullivan himself and considered whether ./Sullivan__Christopher_-_Web_Decision.pdf-recommending a prohibition order would be proportionate in this case. The panel was of ./Sullivan__Christopher_-_Web_Decision.pdf:the view that given the nature and relatively low severity of his sexual misconduct, as well ./Sullivan__Christopher_-_Web_Decision.pdf-as his prohibition from teaching in the past 22 months, the public interest considerations ./Sullivan__Christopher_-_Web_Decision.pdf-did not outweigh the interests of Mr Sullivan. Further, the impact on Mr Sullivan of his ./Sullivan__Christopher_-_Web_Decision.pdf-inability to teach as a result of the interim prohibition order is, in the panel’s view, ./Sullivan__Christopher_-_Web_Decision.pdf- ./Sullivan__Christopher_-_Web_Decision.pdf- 14 ./Sullivan__Christopher_-_Web_Decision.pdf- -- ./Sullivan__Christopher_-_Web_Decision.pdf-proven that Mr Sullivan inappropriately touched Pupil B on a number of occasions, by ./Sullivan__Christopher_-_Web_Decision.pdf-hugging her and massaging her neck. The panel have determined that Mr Sullivan’s ./Sullivan__Christopher_-_Web_Decision.pdf-actions amounted to unacceptable professional conduct. ./Sullivan__Christopher_-_Web_Decision.pdf- ./Sullivan__Christopher_-_Web_Decision.pdf-In considering whether to recommend a prohibition order the panel have properly ./Sullivan__Christopher_-_Web_Decision.pdf-balanced the interests of the public with those of Mr Sullivan. They have found a number ./Sullivan__Christopher_-_Web_Decision.pdf-of public interest considerations to be relevant in this case, namely the protection of ./Sullivan__Christopher_-_Web_Decision.pdf-pupils, the maintenance of public confidence in the profession and declaring and ./Sullivan__Christopher_-_Web_Decision.pdf-upholding proper standards of conduct. ./Sullivan__Christopher_-_Web_Decision.pdf- ./Sullivan__Christopher_-_Web_Decision.pdf:However, the panel considered that the sexual misconduct found against Mr Sullivan was ./Sullivan__Christopher_-_Web_Decision.pdf-at the lower end of the spectrum in terms of its nature and severity. His conduct lasted a ./Sullivan__Christopher_-_Web_Decision.pdf-period of 4 to 6 weeks and it stopped immediately after he was spoken to about it by a ./Sullivan__Christopher_-_Web_Decision.pdf-senior member of staff. The panel noted that the school took no further action. His ./Sullivan__Christopher_-_Web_Decision.pdf-actions were carried out in public, in front of other pupils, and he never said anything ./Sullivan__Christopher_-_Web_Decision.pdf-inappropriate to Pupil B. Whilst the panel have found that the conduct had crossed the ./Sullivan__Christopher_-_Web_Decision.pdf:threshold between naïve friendliness and sexually motivated conduct, the panel ./Sullivan__Christopher_-_Web_Decision.pdf-considered that this was only just above the threshold. ./Sullivan__Christopher_-_Web_Decision.pdf- ./Sullivan__Christopher_-_Web_Decision.pdf-The panel have taken into account the fact that Mr Sullivan had a previously good record ./Sullivan__Christopher_-_Web_Decision.pdf-as a teacher and had risen to the role of head of faculty. ./Sullivan__Christopher_-_Web_Decision.pdf- ./Sullivan__Christopher_-_Web_Decision.pdf-In the circumstances I agree with the panel’s recommendation that a finding of ./Sullivan__Christopher_-_Web_Decision.pdf-unacceptable professional conduct is of itself an appropriate and proportionate way of ./Sullivan__Christopher_-_Web_Decision.pdf-dealing with this case. ./Sullivan__Christopher_-_Web_Decision.pdf- ./Sullivan__Christopher_-_Web_Decision.pdf- ./Swan_Web_Decision.pdf-Professional conduct panel decision and recommendations, and decision on ./Swan_Web_Decision.pdf-behalf of the Secretary of State ./Swan_Web_Decision.pdf- ./Swan_Web_Decision.pdf-Teacher: Mr Jodi Swan ./Swan_Web_Decision.pdf- ./Swan_Web_Decision.pdf-TRA case reference: 16398 ./Swan_Web_Decision.pdf- ./Swan_Web_Decision.pdf-Date of determination: 10 May 2018 ./Swan_Web_Decision.pdf- ./Swan_Web_Decision.pdf:Former employer: St Paul's Catholic College, West Sussex ./Swan_Web_Decision.pdf- ./Swan_Web_Decision.pdf- ./Swan_Web_Decision.pdf-A. Introduction ./Swan_Web_Decision.pdf- ./Swan_Web_Decision.pdf-A professional conduct panel (“the panel”) of the Teaching Regulation Agency (“the ./Swan_Web_Decision.pdf-TRA”) convened on 10 May at 53 to 55 Butts Road, Earlsdon Park, Coventry CV1 3BH to ./Swan_Web_Decision.pdf-consider the case of Mr Jodi Swan. ./Swan_Web_Decision.pdf- ./Swan_Web_Decision.pdf-The panel members were Ms Alison Rob-Webb (teacher panellist – in the chair), Mr John ./Swan_Web_Decision.pdf-Matharu (lay panellist) and Mr Tony James (teacher panellist). -- ./Swan_Web_Decision.pdf-pupils were travelling as passengers at a time when he knew that he did not have a ./Swan_Web_Decision.pdf-licence nor insurance. ./Swan_Web_Decision.pdf- ./Swan_Web_Decision.pdf- ./Swan_Web_Decision.pdf-Findings of fact ./Swan_Web_Decision.pdf-Our findings of fact are as follows: ./Swan_Web_Decision.pdf- ./Swan_Web_Decision.pdf-The panel has found the following particulars of the allegations against you proven, for ./Swan_Web_Decision.pdf-these reasons: ./Swan_Web_Decision.pdf- ./Swan_Web_Decision.pdf:Whilst employed as a teacher at the School in West Sussex, you: ./Swan_Web_Decision.pdf- ./Swan_Web_Decision.pdf- 1. entered into a [redacted] with Pupil A, a sixth form pupil at the time, in or ./Swan_Web_Decision.pdf- around 2007/2008; ./Swan_Web_Decision.pdf- ./Swan_Web_Decision.pdf- 5 ./Swan_Web_Decision.pdf- -- ./Swan_Web_Decision.pdf-Swan has been a model teacher in relation to his behaviour and that his teaching had ./Swan_Web_Decision.pdf-been assessed as either good or outstanding. The principal also says, "he has been ./Swan_Web_Decision.pdf-instrumental in supporting the development of the school at a strategic leadership level." ./Swan_Web_Decision.pdf-The panel considers it is appropriate to place considerable weight on the evidence of the ./Swan_Web_Decision.pdf-headteacher of his current school. ./Swan_Web_Decision.pdf- ./Swan_Web_Decision.pdf-Both referees confirm how Mr Swan had been open and transparent about what had ./Swan_Web_Decision.pdf-occurred in 2007/2008. ./Swan_Web_Decision.pdf- ./Swan_Web_Decision.pdf-There was no evidence of any repetition of such behaviour since 2008 and there is no ./Swan_Web_Decision.pdf:evidence that [redacted] Mr Swan's behaviour was sexually motivated. ./Swan_Web_Decision.pdf- ./Swan_Web_Decision.pdf-The panel has taken into consideration the content of the statement provided by Mr ./Swan_Web_Decision.pdf-Swan. In that statement, Mr Swan describes difficult personal issues which existed at the ./Swan_Web_Decision.pdf-material time and also illness which had affected a member of his family. This is ./Swan_Web_Decision.pdf-supported by information provided by one of the referees. ./Swan_Web_Decision.pdf- ./Swan_Web_Decision.pdf-Mr Swan has also admitted his misconduct from the outset and has expressed remorse ./Swan_Web_Decision.pdf-in respect of his behaviour. The panel is satisfied that he has shown a high level of ./Swan_Web_Decision.pdf-insight and contrition which the panel finds to be genuine. The evidence of his conduct ./Swan_Web_Decision.pdf-over the last ten years illustrates remediation such that the panel is satisfied that the risk -- ./Swan_Web_Decision.pdf-conduct, in the absence of a prohibition order, can itself be regarded by such a person as ./Swan_Web_Decision.pdf-being a proportionate response to the misconduct that has been found proven in this ./Swan_Web_Decision.pdf-case. ./Swan_Web_Decision.pdf- ./Swan_Web_Decision.pdf-I have also considered the impact of a prohibition order on Mr Swan himself. He has ./Swan_Web_Decision.pdf-secured teaching work in the period since the behaviour occurred and the panel ./Swan_Web_Decision.pdf-comment, “The principal at the school at which Mr Swan currently teaches also confirms ./Swan_Web_Decision.pdf-that Mr Swan has been a model teacher in relation to his behaviour and that his teaching ./Swan_Web_Decision.pdf-had been assessed as either good or outstanding.” Furthermore the panel note, “There ./Swan_Web_Decision.pdf-was no evidence of any repetition of such behaviour since 2008 and there is no evidence ./Swan_Web_Decision.pdf:that [redacted] or that Mr Swan's behaviour was sexually motivated.” I also note the panel ./Swan_Web_Decision.pdf-observed, “Both referees confirm how Mr Swan had been open and transparent about ./Swan_Web_Decision.pdf-what had occurred in 2007/2008.” ./Swan_Web_Decision.pdf- ./Swan_Web_Decision.pdf-A prohibition order would prevent Mr Swan from continuing that work. A prohibition order ./Swan_Web_Decision.pdf-would also clearly deprive the public of his contribution to the profession for the period ./Swan_Web_Decision.pdf-that it is in force. ./Swan_Web_Decision.pdf- ./Swan_Web_Decision.pdf- ./Swan_Web_Decision.pdf- ./Swan_Web_Decision.pdf- ./S_of_S__Decision_-_Hubble__Stuart__REDACTED_.pdf-The panel carefully considered the case and reached a decision. ./S_of_S__Decision_-_Hubble__Stuart__REDACTED_.pdf- ./S_of_S__Decision_-_Hubble__Stuart__REDACTED_.pdf-In advance of the meeting, the TRA agreed to a request from Mr Hubble for the ./S_of_S__Decision_-_Hubble__Stuart__REDACTED_.pdf-allegations to be considered without a hearing. The panel had the ability to direct that the ./S_of_S__Decision_-_Hubble__Stuart__REDACTED_.pdf-case be considered at a hearing if required in the interests of justice or in the public ./S_of_S__Decision_-_Hubble__Stuart__REDACTED_.pdf-interest. The panel did not determine that such a direction was necessary or appropriate ./S_of_S__Decision_-_Hubble__Stuart__REDACTED_.pdf-in this case. ./S_of_S__Decision_-_Hubble__Stuart__REDACTED_.pdf- ./S_of_S__Decision_-_Hubble__Stuart__REDACTED_.pdf-Mr Hubble was employed at the School from 1 September 2013 until 7 February 2019. In ./S_of_S__Decision_-_Hubble__Stuart__REDACTED_.pdf-December 2018, the School received reports of a serious safeguarding allegation against ./S_of_S__Decision_-_Hubble__Stuart__REDACTED_.pdf:Mr Hubble, relating to sexual activity with a student who was 17 years old at the time. He ./S_of_S__Decision_-_Hubble__Stuart__REDACTED_.pdf-was suspended from his employment at the School. Mr Hubble was interviewed by the ./S_of_S__Decision_-_Hubble__Stuart__REDACTED_.pdf-police on 14 December 2018. ./S_of_S__Decision_-_Hubble__Stuart__REDACTED_.pdf- ./S_of_S__Decision_-_Hubble__Stuart__REDACTED_.pdf-Following a police interview with Pupil A, Mr Hubble was arrested and interviewed by the ./S_of_S__Decision_-_Hubble__Stuart__REDACTED_.pdf-police on 7 January 2019. He admitted a breach of position of trust and that he was in a ./S_of_S__Decision_-_Hubble__Stuart__REDACTED_.pdf-relationship with Pupil A. ./S_of_S__Decision_-_Hubble__Stuart__REDACTED_.pdf- ./S_of_S__Decision_-_Hubble__Stuart__REDACTED_.pdf-On 21 January 2019, Mr Hubble attended an investigation meeting at the School where ./S_of_S__Decision_-_Hubble__Stuart__REDACTED_.pdf:he admitted an allegation of abuse of trust by engaging in a sexual relationship with a ./S_of_S__Decision_-_Hubble__Stuart__REDACTED_.pdf-student at the School. ./S_of_S__Decision_-_Hubble__Stuart__REDACTED_.pdf- ./S_of_S__Decision_-_Hubble__Stuart__REDACTED_.pdf-On 13 December 2019, Mr Hubble was convicted at Oxford Magistrates Court, as set out ./S_of_S__Decision_-_Hubble__Stuart__REDACTED_.pdf-in the particulars of this case. ./S_of_S__Decision_-_Hubble__Stuart__REDACTED_.pdf- ./S_of_S__Decision_-_Hubble__Stuart__REDACTED_.pdf-On 7 February 2019, Mr Hubble attended a disciplinary hearing at the School, ./S_of_S__Decision_-_Hubble__Stuart__REDACTED_.pdf-accompanied by a trade union representative. The outcome of the hearing was that he ./S_of_S__Decision_-_Hubble__Stuart__REDACTED_.pdf-was found guilty of gross misconduct and was summarily dismissed. This was confirmed ./S_of_S__Decision_-_Hubble__Stuart__REDACTED_.pdf-to Mr Hubble in writing on that same day. ./S_of_S__Decision_-_Hubble__Stuart__REDACTED_.pdf- ./S_of_S__Decision_-_Hubble__Stuart__REDACTED_.pdf-On 21 January 2020, Mr Hubble was sentenced at Oxford Crown Court to 12 months’ ./S_of_S__Decision_-_Hubble__Stuart__REDACTED_.pdf-imprisonment suspended for 24 months, the three sentences to run concurrently. He was ./S_of_S__Decision_-_Hubble__Stuart__REDACTED_.pdf:also sentenced to a five-year sexual harm prevention order, 180 hours unpaid work, and ./S_of_S__Decision_-_Hubble__Stuart__REDACTED_.pdf:placed on the sex offenders’ register for 10 years. ./S_of_S__Decision_-_Hubble__Stuart__REDACTED_.pdf- ./S_of_S__Decision_-_Hubble__Stuart__REDACTED_.pdf- ./S_of_S__Decision_-_Hubble__Stuart__REDACTED_.pdf- ./S_of_S__Decision_-_Hubble__Stuart__REDACTED_.pdf- ./S_of_S__Decision_-_Hubble__Stuart__REDACTED_.pdf- 5 ./S_of_S__Decision_-_Hubble__Stuart__REDACTED_.pdf- -- ./S_of_S__Decision_-_Hubble__Stuart__REDACTED_.pdf- ▪ Teachers must have an understanding of, and always act within, the statutory ./S_of_S__Decision_-_Hubble__Stuart__REDACTED_.pdf- frameworks which set out their professional duties and responsibilities. ./S_of_S__Decision_-_Hubble__Stuart__REDACTED_.pdf- ./S_of_S__Decision_-_Hubble__Stuart__REDACTED_.pdf-The panel noted that the individual’s actions were relevant to teaching, working with ./S_of_S__Decision_-_Hubble__Stuart__REDACTED_.pdf:children and working in an education setting. The conduct found proven, involving sexual ./S_of_S__Decision_-_Hubble__Stuart__REDACTED_.pdf-activity with a pupil, was clearly incompatible with the role of a teacher, who is a person ./S_of_S__Decision_-_Hubble__Stuart__REDACTED_.pdf-placed in a position of trust with a duty of care to their pupils. The panel considered that ./S_of_S__Decision_-_Hubble__Stuart__REDACTED_.pdf-behaviour of the nature found proven here, indicated a significant impact on the mental ./S_of_S__Decision_-_Hubble__Stuart__REDACTED_.pdf-health and wellbeing of the pupil involved, and possibly other pupils and members of staff ./S_of_S__Decision_-_Hubble__Stuart__REDACTED_.pdf-at the School. ./S_of_S__Decision_-_Hubble__Stuart__REDACTED_.pdf- ./S_of_S__Decision_-_Hubble__Stuart__REDACTED_.pdf-The panel also took account of the way the teaching profession is viewed by others. The ./S_of_S__Decision_-_Hubble__Stuart__REDACTED_.pdf-panel considered that Mr Hubble’s behaviour in committing the offences could affect ./S_of_S__Decision_-_Hubble__Stuart__REDACTED_.pdf-public confidence in the teaching profession, given the influence that teachers may have ./S_of_S__Decision_-_Hubble__Stuart__REDACTED_.pdf-on pupils, parents and others in the community. ./S_of_S__Decision_-_Hubble__Stuart__REDACTED_.pdf- ./S_of_S__Decision_-_Hubble__Stuart__REDACTED_.pdf-The panel noted that Mr Hubble’s behaviour ultimately led to a sentence of imprisonment ./S_of_S__Decision_-_Hubble__Stuart__REDACTED_.pdf-(albeit that it was suspended), which was indicative of the seriousness of the offences ./S_of_S__Decision_-_Hubble__Stuart__REDACTED_.pdf:committed. Mr Hubble had also been made subject to a five-year sexual harm prevention ./S_of_S__Decision_-_Hubble__Stuart__REDACTED_.pdf:order and placed on the sex offenders’ register for 10 years. In addition, this was a case ./S_of_S__Decision_-_Hubble__Stuart__REDACTED_.pdf:involving an offence of sexual activity, which the Advice states is likely to be considered a ./S_of_S__Decision_-_Hubble__Stuart__REDACTED_.pdf-relevant offence. ./S_of_S__Decision_-_Hubble__Stuart__REDACTED_.pdf- ./S_of_S__Decision_-_Hubble__Stuart__REDACTED_.pdf-The panel considered the written statement prepared by Mr Hubble on 4 June 2021, in ./S_of_S__Decision_-_Hubble__Stuart__REDACTED_.pdf-which he set out details of his teaching and extra-curricular work, and the circumstances ./S_of_S__Decision_-_Hubble__Stuart__REDACTED_.pdf-surrounding the relevant incidents. The panel took into consideration Mr Hubble’s ./S_of_S__Decision_-_Hubble__Stuart__REDACTED_.pdf-account of the emotional difficulties he said he was suffering at the relevant time as a ./S_of_S__Decision_-_Hubble__Stuart__REDACTED_.pdf-result [REDACTED] as well as the work he was undertaking with the probation service to ./S_of_S__Decision_-_Hubble__Stuart__REDACTED_.pdf-address the issues surrounding the case. However, the panel did not consider that ./S_of_S__Decision_-_Hubble__Stuart__REDACTED_.pdf-anything in the statement materially affected its view on whether the facts of the proved ./S_of_S__Decision_-_Hubble__Stuart__REDACTED_.pdf-allegation amounted to conviction of a relevant offence. -- ./S_of_S__Decision_-_Hubble__Stuart__REDACTED_.pdf-should be made, the panel had to consider whether it would be an appropriate and ./S_of_S__Decision_-_Hubble__Stuart__REDACTED_.pdf-proportionate measure, and whether it would be in the public interest to do so. Prohibition ./S_of_S__Decision_-_Hubble__Stuart__REDACTED_.pdf-orders should not be given in order to be punitive, or to show that blame has been ./S_of_S__Decision_-_Hubble__Stuart__REDACTED_.pdf-apportioned, although they are likely to have punitive effect. ./S_of_S__Decision_-_Hubble__Stuart__REDACTED_.pdf- ./S_of_S__Decision_-_Hubble__Stuart__REDACTED_.pdf-The panel had regard to the particular public interest considerations set out in the Advice ./S_of_S__Decision_-_Hubble__Stuart__REDACTED_.pdf-and, having done so, found the following to be relevant in this case: the maintenance of ./S_of_S__Decision_-_Hubble__Stuart__REDACTED_.pdf-public confidence in the profession and declaring and upholding proper standards of ./S_of_S__Decision_-_Hubble__Stuart__REDACTED_.pdf-conduct. ./S_of_S__Decision_-_Hubble__Stuart__REDACTED_.pdf- ./S_of_S__Decision_-_Hubble__Stuart__REDACTED_.pdf:The panel’s findings against Mr Hubble involved sexual activity while in a position of trust ./S_of_S__Decision_-_Hubble__Stuart__REDACTED_.pdf-and with a pupil under his care. The panel considered that public confidence in the ./S_of_S__Decision_-_Hubble__Stuart__REDACTED_.pdf-profession could be seriously weakened if conduct such as that found against Mr Hubble ./S_of_S__Decision_-_Hubble__Stuart__REDACTED_.pdf-were not treated with the utmost seriousness when regulating the conduct of the ./S_of_S__Decision_-_Hubble__Stuart__REDACTED_.pdf-profession. ./S_of_S__Decision_-_Hubble__Stuart__REDACTED_.pdf- ./S_of_S__Decision_-_Hubble__Stuart__REDACTED_.pdf-The panel decided that a strong public interest consideration in declaring proper ./S_of_S__Decision_-_Hubble__Stuart__REDACTED_.pdf-standards of conduct in the profession was also present as the conduct found against Mr ./S_of_S__Decision_-_Hubble__Stuart__REDACTED_.pdf-Hubble was outside that which could reasonably be tolerated. The panel considered that, ./S_of_S__Decision_-_Hubble__Stuart__REDACTED_.pdf-whilst no doubt had been cast on Mr Hubble’s ability as an educator, any interest in ./S_of_S__Decision_-_Hubble__Stuart__REDACTED_.pdf-retaining him in the profession was outweighed by his breach of the trust placed in him. -- ./S_of_S__Decision_-_Hubble__Stuart__REDACTED_.pdf-considerations both in favour of, and against, prohibition as well as the interests of Mr ./S_of_S__Decision_-_Hubble__Stuart__REDACTED_.pdf-Hubble. The panel took further account of the Advice, which suggests that a prohibition ./S_of_S__Decision_-_Hubble__Stuart__REDACTED_.pdf-order may be appropriate if certain behaviours of a teacher have been proved. In the list ./S_of_S__Decision_-_Hubble__Stuart__REDACTED_.pdf-of such behaviours, those that are relevant in this case are: ./S_of_S__Decision_-_Hubble__Stuart__REDACTED_.pdf- ./S_of_S__Decision_-_Hubble__Stuart__REDACTED_.pdf-▪ serious departure from the personal and professional conduct elements of the ./S_of_S__Decision_-_Hubble__Stuart__REDACTED_.pdf- Teachers’ Standards; ./S_of_S__Decision_-_Hubble__Stuart__REDACTED_.pdf- ./S_of_S__Decision_-_Hubble__Stuart__REDACTED_.pdf-▪ abuse of position or trust; ./S_of_S__Decision_-_Hubble__Stuart__REDACTED_.pdf- ./S_of_S__Decision_-_Hubble__Stuart__REDACTED_.pdf:▪ sexual misconduct, for example, involving actions that were sexually motivated or of a ./S_of_S__Decision_-_Hubble__Stuart__REDACTED_.pdf: sexual nature and/or that use or exploit the trust, knowledge or influence derived from ./S_of_S__Decision_-_Hubble__Stuart__REDACTED_.pdf- the individual’s professional position; and ./S_of_S__Decision_-_Hubble__Stuart__REDACTED_.pdf- ./S_of_S__Decision_-_Hubble__Stuart__REDACTED_.pdf- 8 ./S_of_S__Decision_-_Hubble__Stuart__REDACTED_.pdf- -- ./S_of_S__Decision_-_Hubble__Stuart__REDACTED_.pdf-The panel was of the view that, applying the standard of the ordinary intelligent citizen, it ./S_of_S__Decision_-_Hubble__Stuart__REDACTED_.pdf-would not be a proportionate and appropriate response to recommend no prohibition ./S_of_S__Decision_-_Hubble__Stuart__REDACTED_.pdf-order. Mr Hubble had been convicted of a serious offence, and recommending that the ./S_of_S__Decision_-_Hubble__Stuart__REDACTED_.pdf-publication of adverse findings was sufficient would unacceptably compromise the public ./S_of_S__Decision_-_Hubble__Stuart__REDACTED_.pdf-interest considerations present in this case, despite the potential severity of the ./S_of_S__Decision_-_Hubble__Stuart__REDACTED_.pdf-consequences for Mr Hubble of prohibition. ./S_of_S__Decision_-_Hubble__Stuart__REDACTED_.pdf- ./S_of_S__Decision_-_Hubble__Stuart__REDACTED_.pdf-The panel was of the view that prohibition was both proportionate and appropriate. The ./S_of_S__Decision_-_Hubble__Stuart__REDACTED_.pdf-panel decided that the public interest considerations outweighed the interests of Mr ./S_of_S__Decision_-_Hubble__Stuart__REDACTED_.pdf-Hubble. The fact that Mr Hubble had been in a position of trust and responsibility towards ./S_of_S__Decision_-_Hubble__Stuart__REDACTED_.pdf:Pupil A and had nevertheless embarked on a sexually motivated relationship with her ./S_of_S__Decision_-_Hubble__Stuart__REDACTED_.pdf-was a significant factor in forming that opinion. ./S_of_S__Decision_-_Hubble__Stuart__REDACTED_.pdf- ./S_of_S__Decision_-_Hubble__Stuart__REDACTED_.pdf-Accordingly, the panel made a recommendation to the Secretary of State that a ./S_of_S__Decision_-_Hubble__Stuart__REDACTED_.pdf-prohibition order should be imposed with immediate effect. ./S_of_S__Decision_-_Hubble__Stuart__REDACTED_.pdf- ./S_of_S__Decision_-_Hubble__Stuart__REDACTED_.pdf- ./S_of_S__Decision_-_Hubble__Stuart__REDACTED_.pdf- ./S_of_S__Decision_-_Hubble__Stuart__REDACTED_.pdf- 9 ./S_of_S__Decision_-_Hubble__Stuart__REDACTED_.pdf- -- ./S_of_S__Decision_-_Hubble__Stuart__REDACTED_.pdf-The panel went on to consider whether or not it would be appropriate to recommend that ./S_of_S__Decision_-_Hubble__Stuart__REDACTED_.pdf-a review period of the order should be considered. The panel was mindful that the Advice ./S_of_S__Decision_-_Hubble__Stuart__REDACTED_.pdf-states that a prohibition order applies for life, but there may be circumstances, in any ./S_of_S__Decision_-_Hubble__Stuart__REDACTED_.pdf-given case, that may make it appropriate to allow a teacher to apply to have the ./S_of_S__Decision_-_Hubble__Stuart__REDACTED_.pdf-prohibition order reviewed after a specified period of time that may not be less than 2 ./S_of_S__Decision_-_Hubble__Stuart__REDACTED_.pdf-years. ./S_of_S__Decision_-_Hubble__Stuart__REDACTED_.pdf- ./S_of_S__Decision_-_Hubble__Stuart__REDACTED_.pdf-The Advice indicates that there are behaviours that, if proved, would militate against the ./S_of_S__Decision_-_Hubble__Stuart__REDACTED_.pdf:recommendation of a review period. One of these is serious sexual misconduct, such as ./S_of_S__Decision_-_Hubble__Stuart__REDACTED_.pdf:where the act was sexually motivated and resulted in or had the potential to result in, ./S_of_S__Decision_-_Hubble__Stuart__REDACTED_.pdf-harm to a person or persons, particularly where the individual has used his professional ./S_of_S__Decision_-_Hubble__Stuart__REDACTED_.pdf-position to influence or exploit a person or persons. The panel found that Mr Hubble had ./S_of_S__Decision_-_Hubble__Stuart__REDACTED_.pdf:been convicted of a serious sexual offence, which had been committed while in a position ./S_of_S__Decision_-_Hubble__Stuart__REDACTED_.pdf-of trust. ./S_of_S__Decision_-_Hubble__Stuart__REDACTED_.pdf- ./S_of_S__Decision_-_Hubble__Stuart__REDACTED_.pdf-In the panel’s view, Mr Hubble had showed a degree of insight and remorse in his written ./S_of_S__Decision_-_Hubble__Stuart__REDACTED_.pdf-statement. He had expressed ‘shame and regret’ and ‘guilt’, and acknowledged the ./S_of_S__Decision_-_Hubble__Stuart__REDACTED_.pdf-negative impact his actions will have had on the staff and students at the School as well ./S_of_S__Decision_-_Hubble__Stuart__REDACTED_.pdf-as Pupil A. However, the panel did not feel that the degree of insight and remorse shown ./S_of_S__Decision_-_Hubble__Stuart__REDACTED_.pdf-outweighed the considerations it had already outlined, which pointed towards the ./S_of_S__Decision_-_Hubble__Stuart__REDACTED_.pdf-recommendation of no review period. ./S_of_S__Decision_-_Hubble__Stuart__REDACTED_.pdf- ./S_of_S__Decision_-_Hubble__Stuart__REDACTED_.pdf-The panel therefore decided that the findings indicated a situation in which a review -- ./S_of_S__Decision_-_Hubble__Stuart__REDACTED_.pdf- o having regard for the need to safeguard pupils’ well-being, in accordance ./S_of_S__Decision_-_Hubble__Stuart__REDACTED_.pdf- with statutory provisions ./S_of_S__Decision_-_Hubble__Stuart__REDACTED_.pdf- ./S_of_S__Decision_-_Hubble__Stuart__REDACTED_.pdf- ▪ Teachers must have proper and professional regard for the ethos, policies and ./S_of_S__Decision_-_Hubble__Stuart__REDACTED_.pdf- practices of the school in which they teach. ./S_of_S__Decision_-_Hubble__Stuart__REDACTED_.pdf- ./S_of_S__Decision_-_Hubble__Stuart__REDACTED_.pdf- ▪ Teachers must have an understanding of, and always act within, the statutory ./S_of_S__Decision_-_Hubble__Stuart__REDACTED_.pdf- frameworks which set out their professional duties and responsibilities. ./S_of_S__Decision_-_Hubble__Stuart__REDACTED_.pdf- ./S_of_S__Decision_-_Hubble__Stuart__REDACTED_.pdf-The findings of misconduct are particularly serious as they include a finding of a relevant ./S_of_S__Decision_-_Hubble__Stuart__REDACTED_.pdf:conviction involving “sexual activity with female 13-17, offender does not believe the ./S_of_S__Decision_-_Hubble__Stuart__REDACTED_.pdf-victim is over 18,”. ./S_of_S__Decision_-_Hubble__Stuart__REDACTED_.pdf- ./S_of_S__Decision_-_Hubble__Stuart__REDACTED_.pdf-I have to determine whether the imposition of a prohibition order is proportionate and in ./S_of_S__Decision_-_Hubble__Stuart__REDACTED_.pdf-the public interest. In considering that for this case, I have considered the overall aim of a ./S_of_S__Decision_-_Hubble__Stuart__REDACTED_.pdf-prohibition order which is to protect pupils and to maintain public confidence in the ./S_of_S__Decision_-_Hubble__Stuart__REDACTED_.pdf-profession. I have considered the extent to which a prohibition order in this case would ./S_of_S__Decision_-_Hubble__Stuart__REDACTED_.pdf-achieve that aim taking into account the impact that it will have on the individual teacher. ./S_of_S__Decision_-_Hubble__Stuart__REDACTED_.pdf-I have also asked myself, whether a less intrusive measure, such as the published ./S_of_S__Decision_-_Hubble__Stuart__REDACTED_.pdf-finding of a relevant conviction would itself be sufficient to achieve the overall aim. I have ./S_of_S__Decision_-_Hubble__Stuart__REDACTED_.pdf-to consider whether the consequences of such a publication are themselves sufficient. I -- ./S_of_S__Decision_-_Hubble__Stuart__REDACTED_.pdf-could be seriously weakened if conduct such as that found against Mr Hubble were not ./S_of_S__Decision_-_Hubble__Stuart__REDACTED_.pdf-treated with the utmost seriousness when regulating the conduct of the profession.” ./S_of_S__Decision_-_Hubble__Stuart__REDACTED_.pdf- ./S_of_S__Decision_-_Hubble__Stuart__REDACTED_.pdf:I am particularly mindful of the finding of sexual misconduct in this case and the impact ./S_of_S__Decision_-_Hubble__Stuart__REDACTED_.pdf-that such a finding has on the reputation of the profession. ./S_of_S__Decision_-_Hubble__Stuart__REDACTED_.pdf- ./S_of_S__Decision_-_Hubble__Stuart__REDACTED_.pdf-I have had to consider that the public has a high expectation of professional standards of ./S_of_S__Decision_-_Hubble__Stuart__REDACTED_.pdf-all teachers and that the public might regard a failure to impose a prohibition order as a ./S_of_S__Decision_-_Hubble__Stuart__REDACTED_.pdf-failure to uphold those high standards. In weighing these considerations, I have had to ./S_of_S__Decision_-_Hubble__Stuart__REDACTED_.pdf-consider the matter from the point of view of an “ordinary intelligent and well-informed ./S_of_S__Decision_-_Hubble__Stuart__REDACTED_.pdf-citizen.” ./S_of_S__Decision_-_Hubble__Stuart__REDACTED_.pdf- ./S_of_S__Decision_-_Hubble__Stuart__REDACTED_.pdf-I have considered whether the publication of a finding of a relevant conviction ./S_of_S__Decision_-_Hubble__Stuart__REDACTED_.pdf-unacceptable professional conduct, in the absence of a prohibition order, can itself be -- ./S_of_S__Decision_-_Hubble__Stuart__REDACTED_.pdf-I have also considered the impact of a prohibition order on Mr Hubble himself. The panel ./S_of_S__Decision_-_Hubble__Stuart__REDACTED_.pdf-comment “The panel considered that, whilst no doubt had been cast on Mr Hubble’s ./S_of_S__Decision_-_Hubble__Stuart__REDACTED_.pdf-ability as an educator, any interest in retaining him in the profession was outweighed by ./S_of_S__Decision_-_Hubble__Stuart__REDACTED_.pdf-his breach of the trust placed in him.” ./S_of_S__Decision_-_Hubble__Stuart__REDACTED_.pdf- ./S_of_S__Decision_-_Hubble__Stuart__REDACTED_.pdf-A prohibition order would prevent Mr Hubble from teaching and would also clearly ./S_of_S__Decision_-_Hubble__Stuart__REDACTED_.pdf-deprive the public of his contribution to the profession for the period that it is in force. ./S_of_S__Decision_-_Hubble__Stuart__REDACTED_.pdf- ./S_of_S__Decision_-_Hubble__Stuart__REDACTED_.pdf-In this case, I have placed considerable weight on the panel’s comments, “Mr Hubble had ./S_of_S__Decision_-_Hubble__Stuart__REDACTED_.pdf-been in a position of trust and responsibility towards Pupil A and had nevertheless ./S_of_S__Decision_-_Hubble__Stuart__REDACTED_.pdf:embarked on a sexually motivated relationship.” ./S_of_S__Decision_-_Hubble__Stuart__REDACTED_.pdf- ./S_of_S__Decision_-_Hubble__Stuart__REDACTED_.pdf-I have given less weight in my consideration of sanction therefore, to the contribution that ./S_of_S__Decision_-_Hubble__Stuart__REDACTED_.pdf-Mr Hubble has made to the profession. In my view, it is necessary to impose a prohibition ./S_of_S__Decision_-_Hubble__Stuart__REDACTED_.pdf-order in order to maintain public confidence in the profession. A published decision, in ./S_of_S__Decision_-_Hubble__Stuart__REDACTED_.pdf-light of the circumstances in this case, that is not backed up by full remorse or insight, ./S_of_S__Decision_-_Hubble__Stuart__REDACTED_.pdf-does not in my view satisfy the public interest requirement concerning public confidence ./S_of_S__Decision_-_Hubble__Stuart__REDACTED_.pdf-in the profession. ./S_of_S__Decision_-_Hubble__Stuart__REDACTED_.pdf- ./S_of_S__Decision_-_Hubble__Stuart__REDACTED_.pdf-For these reasons, I have concluded that a prohibition order is proportionate and in the ./S_of_S__Decision_-_Hubble__Stuart__REDACTED_.pdf-public interest in order to achieve the intended aims of a prohibition order. ./S_of_S__Decision_-_Hubble__Stuart__REDACTED_.pdf- ./S_of_S__Decision_-_Hubble__Stuart__REDACTED_.pdf-I have gone on to consider the matter of a review period. In this case, the panel has ./S_of_S__Decision_-_Hubble__Stuart__REDACTED_.pdf-recommended that no provision should be made for a review period. ./S_of_S__Decision_-_Hubble__Stuart__REDACTED_.pdf- ./S_of_S__Decision_-_Hubble__Stuart__REDACTED_.pdf-I have considered the panel’s comments “The panel found that Mr Hubble had been ./S_of_S__Decision_-_Hubble__Stuart__REDACTED_.pdf:convicted of a serious sexual offence, which had been committed while in a position of ./S_of_S__Decision_-_Hubble__Stuart__REDACTED_.pdf-trust.” ./S_of_S__Decision_-_Hubble__Stuart__REDACTED_.pdf- ./S_of_S__Decision_-_Hubble__Stuart__REDACTED_.pdf- ./S_of_S__Decision_-_Hubble__Stuart__REDACTED_.pdf- ./S_of_S__Decision_-_Hubble__Stuart__REDACTED_.pdf- 12 ./S_of_S__Decision_-_Hubble__Stuart__REDACTED_.pdf- ./Teacher_misconduct_-_the_prohibition_of_teachers.pdf- following will be considered “a relevant offence”: ./Teacher_misconduct_-_the_prohibition_of_teachers.pdf- ./Teacher_misconduct_-_the_prohibition_of_teachers.pdf- • violence; ./Teacher_misconduct_-_the_prohibition_of_teachers.pdf- ./Teacher_misconduct_-_the_prohibition_of_teachers.pdf- • terrorism; ./Teacher_misconduct_-_the_prohibition_of_teachers.pdf- ./Teacher_misconduct_-_the_prohibition_of_teachers.pdf- • sexual activity; ./Teacher_misconduct_-_the_prohibition_of_teachers.pdf- ./Teacher_misconduct_-_the_prohibition_of_teachers.pdf- • voyeurism (including upskirting); ./Teacher_misconduct_-_the_prohibition_of_teachers.pdf- ./Teacher_misconduct_-_the_prohibition_of_teachers.pdf: • revenge pornography (sharing private, sexual materials, either photos or ./Teacher_misconduct_-_the_prohibition_of_teachers.pdf- videos, of another person without their consent); ./Teacher_misconduct_-_the_prohibition_of_teachers.pdf- ./Teacher_misconduct_-_the_prohibition_of_teachers.pdf: • sexual communication with a child 16; ./Teacher_misconduct_-_the_prohibition_of_teachers.pdf- ./Teacher_misconduct_-_the_prohibition_of_teachers.pdf- • any activity involving viewing, taking, making, possessing, distributing or ./Teacher_misconduct_-_the_prohibition_of_teachers.pdf- publishing any indecent photograph or image or indecent pseudo ./Teacher_misconduct_-_the_prohibition_of_teachers.pdf- photograph or image of a child, or permitting any such activity, including ./Teacher_misconduct_-_the_prohibition_of_teachers.pdf- one off incidents; ./Teacher_misconduct_-_the_prohibition_of_teachers.pdf- ./Teacher_misconduct_-_the_prohibition_of_teachers.pdf- ./Teacher_misconduct_-_the_prohibition_of_teachers.pdf- ./Teacher_misconduct_-_the_prohibition_of_teachers.pdf- ./Teacher_misconduct_-_the_prohibition_of_teachers.pdf-16 For the purposes of this advice a child includes everyone under the age of 18 -- ./Teacher_misconduct_-_the_prohibition_of_teachers.pdf- • child cruelty and/or neglect; ./Teacher_misconduct_-_the_prohibition_of_teachers.pdf- ./Teacher_misconduct_-_the_prohibition_of_teachers.pdf- • controlling or coercive behaviour; ./Teacher_misconduct_-_the_prohibition_of_teachers.pdf- ./Teacher_misconduct_-_the_prohibition_of_teachers.pdf- • harassment and/or stalking; ./Teacher_misconduct_-_the_prohibition_of_teachers.pdf- ./Teacher_misconduct_-_the_prohibition_of_teachers.pdf: • intolerance and/or hatred on the grounds of race, religion, sexual ./Teacher_misconduct_-_the_prohibition_of_teachers.pdf- orientation or any of the other protected characteristics 17; ./Teacher_misconduct_-_the_prohibition_of_teachers.pdf- ./Teacher_misconduct_-_the_prohibition_of_teachers.pdf- • possession (including for personal use), possession with intent to supply ./Teacher_misconduct_-_the_prohibition_of_teachers.pdf- another person, supply (selling, dealing or sharing) or production of any ./Teacher_misconduct_-_the_prohibition_of_teachers.pdf- class A drugs; ./Teacher_misconduct_-_the_prohibition_of_teachers.pdf- ./Teacher_misconduct_-_the_prohibition_of_teachers.pdf- • possession with intent to supply another person, supply (selling, dealing or ./Teacher_misconduct_-_the_prohibition_of_teachers.pdf- sharing) or production of any class B, class C or any temporary class ./Teacher_misconduct_-_the_prohibition_of_teachers.pdf- drugs; ./Teacher_misconduct_-_the_prohibition_of_teachers.pdf- -- ./Teacher_misconduct_-_the_prohibition_of_teachers.pdf- • the commission of a serious criminal offence, including those that resulted in a ./Teacher_misconduct_-_the_prohibition_of_teachers.pdf- conviction or caution, paying particular attention to offences that are ‘relevant ./Teacher_misconduct_-_the_prohibition_of_teachers.pdf- matters’ for the purposes of the Police Act 1997 and criminal record disclosures18; ./Teacher_misconduct_-_the_prohibition_of_teachers.pdf- ./Teacher_misconduct_-_the_prohibition_of_teachers.pdf- • misconduct seriously affecting the education and/or safeguarding and well-being ./Teacher_misconduct_-_the_prohibition_of_teachers.pdf- of pupils, and particularly where there is a continuing risk; ./Teacher_misconduct_-_the_prohibition_of_teachers.pdf- ./Teacher_misconduct_-_the_prohibition_of_teachers.pdf- • abuse of position or trust (particularly involving pupils); ./Teacher_misconduct_-_the_prohibition_of_teachers.pdf- ./Teacher_misconduct_-_the_prohibition_of_teachers.pdf- • an abuse of any trust, knowledge, or influence gained through their professional ./Teacher_misconduct_-_the_prohibition_of_teachers.pdf: position in order to advance a romantic or sexual relationship with a pupil or ./Teacher_misconduct_-_the_prohibition_of_teachers.pdf- former pupil; ./Teacher_misconduct_-_the_prohibition_of_teachers.pdf- ./Teacher_misconduct_-_the_prohibition_of_teachers.pdf: • sexual misconduct, e.g. involving actions that were sexually motivated or of a ./Teacher_misconduct_-_the_prohibition_of_teachers.pdf: sexual nature and/or that use or exploit the trust, knowledge or influence derived ./Teacher_misconduct_-_the_prohibition_of_teachers.pdf- from the individual’s professional position; ./Teacher_misconduct_-_the_prohibition_of_teachers.pdf- ./Teacher_misconduct_-_the_prohibition_of_teachers.pdf- ./Teacher_misconduct_-_the_prohibition_of_teachers.pdf- ./Teacher_misconduct_-_the_prohibition_of_teachers.pdf- ./Teacher_misconduct_-_the_prohibition_of_teachers.pdf-18 The list of ‘relevant matters’ for the purposes of the Police Act 1997, which are offences that will always ./Teacher_misconduct_-_the_prohibition_of_teachers.pdf- ./Teacher_misconduct_-_the_prohibition_of_teachers.pdf-be disclosed on criminal record certificates and enhanced criminal record certificates issued by the ./Teacher_misconduct_-_the_prohibition_of_teachers.pdf-Disclosure and Barring Service are detailed at GOV.UK ./Teacher_misconduct_-_the_prohibition_of_teachers.pdf- 15 -- ./Teacher_misconduct_-_the_prohibition_of_teachers.pdf- ./Teacher_misconduct_-_the_prohibition_of_teachers.pdf-49. In every case a panel will consider the evidence and mitigation before it and set out ./Teacher_misconduct_-_the_prohibition_of_teachers.pdf- the rationale for its decision. If the panel recommends allowing an application for ./Teacher_misconduct_-_the_prohibition_of_teachers.pdf- review, it will recommend a minimum period before which an application can be ./Teacher_misconduct_-_the_prohibition_of_teachers.pdf- made. Any recommended period may not be less than two years from the date on ./Teacher_misconduct_-_the_prohibition_of_teachers.pdf- which the order takes effect. ./Teacher_misconduct_-_the_prohibition_of_teachers.pdf- ./Teacher_misconduct_-_the_prohibition_of_teachers.pdf-50. Where a case involved any of the following, it is likely that the public interest will have ./Teacher_misconduct_-_the_prohibition_of_teachers.pdf- greater relevance and weigh in favour of not offering a review period: ./Teacher_misconduct_-_the_prohibition_of_teachers.pdf- ./Teacher_misconduct_-_the_prohibition_of_teachers.pdf: • serious sexual misconduct e.g. where the act was sexually motivated and ./Teacher_misconduct_-_the_prohibition_of_teachers.pdf- resulted in, or had the potential to result in, harm to a person or persons, ./Teacher_misconduct_-_the_prohibition_of_teachers.pdf- particularly where the individual has used their professional position to influence ./Teacher_misconduct_-_the_prohibition_of_teachers.pdf- or exploit a person or persons; ./Teacher_misconduct_-_the_prohibition_of_teachers.pdf- ./Teacher_misconduct_-_the_prohibition_of_teachers.pdf: • any sexual misconduct involving a child; ./Teacher_misconduct_-_the_prohibition_of_teachers.pdf- ./Teacher_misconduct_-_the_prohibition_of_teachers.pdf- • any activity involving viewing, taking, making, possessing, distributing or ./Teacher_misconduct_-_the_prohibition_of_teachers.pdf- publishing any indecent photograph or image or indecent pseudo photograph or ./Teacher_misconduct_-_the_prohibition_of_teachers.pdf- image of a child, including one off incidents; ./Teacher_misconduct_-_the_prohibition_of_teachers.pdf- ./Teacher_misconduct_-_the_prohibition_of_teachers.pdf- • child cruelty and/or neglect; ./Teacher_misconduct_-_the_prohibition_of_teachers.pdf- ./Teacher_misconduct_-_the_prohibition_of_teachers.pdf- • terrorism. ./Teacher_misconduct_-_the_prohibition_of_teachers.pdf- ./Teacher_misconduct_-_the_prohibition_of_teachers.pdf- This is not an exhaustive list and panels should consider each case on its individual -- ./Teacher_misconduct_-_the_prohibition_of_teachers.pdf- ./Teacher_misconduct_-_the_prohibition_of_teachers.pdf- • possession (including for personal use) of any class A drug; ./Teacher_misconduct_-_the_prohibition_of_teachers.pdf- ./Teacher_misconduct_-_the_prohibition_of_teachers.pdf- • possession with intent to supply another person, supply (selling, dealing or ./Teacher_misconduct_-_the_prohibition_of_teachers.pdf- sharing) and production of any class A, B, C or unclassified drugs; ./Teacher_misconduct_-_the_prohibition_of_teachers.pdf- ./Teacher_misconduct_-_the_prohibition_of_teachers.pdf- • fraud or serious dishonesty; ./Teacher_misconduct_-_the_prohibition_of_teachers.pdf- ./Teacher_misconduct_-_the_prohibition_of_teachers.pdf- • theft from a person or other serious cases of theft; ./Teacher_misconduct_-_the_prohibition_of_teachers.pdf- ./Teacher_misconduct_-_the_prohibition_of_teachers.pdf: • intolerance and/or hatred on the grounds of race, religion, sexual orientation or ./Teacher_misconduct_-_the_prohibition_of_teachers.pdf- protected characteristics; ./Teacher_misconduct_-_the_prohibition_of_teachers.pdf- ./Teacher_misconduct_-_the_prohibition_of_teachers.pdf- • violence. ./Teacher_misconduct_-_the_prohibition_of_teachers.pdf- ./Teacher_misconduct_-_the_prohibition_of_teachers.pdf- This is not an exhaustive list and panels should consider each case on its individual ./Teacher_misconduct_-_the_prohibition_of_teachers.pdf- merits taking into account all the circumstances involved. ./Teacher_misconduct_-_the_prohibition_of_teachers.pdf- ./Teacher_misconduct_-_the_prohibition_of_teachers.pdf-52. In deciding whether to recommend an opportunity for review, and if so the period after ./Teacher_misconduct_-_the_prohibition_of_teachers.pdf- which that ought to be permitted, a panel will need to be satisfied that the ./Teacher_misconduct_-_the_prohibition_of_teachers.pdf- recommended approach is necessary to protect the public interest and that the impact -- ./Teacher_misconduct_-_the_prohibition_of_teachers.pdf-67. Although not an exhaustive list, when balanced with the other necessary ./Teacher_misconduct_-_the_prohibition_of_teachers.pdf- considerations, the following is likely to indicate that the imposition of an IPO is ./Teacher_misconduct_-_the_prohibition_of_teachers.pdf- necessary in the public interest: ./Teacher_misconduct_-_the_prohibition_of_teachers.pdf- ./Teacher_misconduct_-_the_prohibition_of_teachers.pdf- • information that the teacher is under investigation by the police, or has been ./Teacher_misconduct_-_the_prohibition_of_teachers.pdf: charged, in connection with a serious offence, particularly of a sexual nature ./Teacher_misconduct_-_the_prohibition_of_teachers.pdf- and/or involving children; ./Teacher_misconduct_-_the_prohibition_of_teachers.pdf- ./Teacher_misconduct_-_the_prohibition_of_teachers.pdf: • allegations and/or evidence of predatory or sexually inappropriate conduct; ./Teacher_misconduct_-_the_prohibition_of_teachers.pdf- ./Teacher_misconduct_-_the_prohibition_of_teachers.pdf- • allegations and/or evidence of actions or behaviours that undermine the ./Teacher_misconduct_-_the_prohibition_of_teachers.pdf- fundamental British values of democracy, the rule of law, individual liberty, and ./Teacher_misconduct_-_the_prohibition_of_teachers.pdf- mutual respect and tolerance of those with different faiths and beliefs; or that ./Teacher_misconduct_-_the_prohibition_of_teachers.pdf- promote political or religious extremism. This would encompass deliberately ./Teacher_misconduct_-_the_prohibition_of_teachers.pdf- allowing the exposure of pupils to such actions or behaviours, including through ./Teacher_misconduct_-_the_prohibition_of_teachers.pdf- contact with any individuals who are widely known to express views that support ./Teacher_misconduct_-_the_prohibition_of_teachers.pdf- such activity, for example by inviting any such individuals to speak in schools; or ./Teacher_misconduct_-_the_prohibition_of_teachers.pdf- ./Teacher_misconduct_-_the_prohibition_of_teachers.pdf- • any activity involving indecent images of children, as defined in this guidance. ./Teacher_misconduct_Disciplinary_procedures_for_the_teaching_profession_May_2020.pdf- ./Teacher_misconduct_Disciplinary_procedures_for_the_teaching_profession_May_2020.pdf- (iii) invite the teacher to make written representations regarding the ./Teacher_misconduct_Disciplinary_procedures_for_the_teaching_profession_May_2020.pdf- allegation, normally within 28 days from service of the letter, and to ./Teacher_misconduct_Disciplinary_procedures_for_the_teaching_profession_May_2020.pdf- provide any other relevant evidence which the teacher wishes the TRA ./Teacher_misconduct_Disciplinary_procedures_for_the_teaching_profession_May_2020.pdf- to consider; and ./Teacher_misconduct_Disciplinary_procedures_for_the_teaching_profession_May_2020.pdf- ./Teacher_misconduct_Disciplinary_procedures_for_the_teaching_profession_May_2020.pdf- (iv) provide details of where to access the Disciplinary Procedures. ./Teacher_misconduct_Disciplinary_procedures_for_the_teaching_profession_May_2020.pdf- ./Teacher_misconduct_Disciplinary_procedures_for_the_teaching_profession_May_2020.pdf-4.5. The TRA may be in possession of documents or other physical evidence prior ./Teacher_misconduct_Disciplinary_procedures_for_the_teaching_profession_May_2020.pdf- to writing to the teacher which it is not appropriate or practicable to copy or ./Teacher_misconduct_Disciplinary_procedures_for_the_teaching_profession_May_2020.pdf: send to the teacher, for example pornographic material or information stored ./Teacher_misconduct_Disciplinary_procedures_for_the_teaching_profession_May_2020.pdf- on a computer hard drive. ./Teacher_misconduct_Disciplinary_procedures_for_the_teaching_profession_May_2020.pdf- ./Teacher_misconduct_Disciplinary_procedures_for_the_teaching_profession_May_2020.pdf-4.6. In a case to which paragraph 4.5 applies, the TRA will provide the teacher ./Teacher_misconduct_Disciplinary_procedures_for_the_teaching_profession_May_2020.pdf- with ./Teacher_misconduct_Disciplinary_procedures_for_the_teaching_profession_May_2020.pdf- ./Teacher_misconduct_Disciplinary_procedures_for_the_teaching_profession_May_2020.pdf- (i) a description of the evidence ./Teacher_misconduct_Disciplinary_procedures_for_the_teaching_profession_May_2020.pdf- ./Teacher_misconduct_Disciplinary_procedures_for_the_teaching_profession_May_2020.pdf- (ii) an explanation of the reason why it is not appropriate or practicable to ./Teacher_misconduct_Disciplinary_procedures_for_the_teaching_profession_May_2020.pdf- copy or send it to the teacher; and ./Teacher_misconduct_Disciplinary_procedures_for_the_teaching_profession_May_2020.pdf- -- ./Teacher_misconduct_Disciplinary_procedures_for_the_teaching_profession_May_2020.pdf- consideration; this may include any witness ./Teacher_misconduct_Disciplinary_procedures_for_the_teaching_profession_May_2020.pdf- ./Teacher_misconduct_Disciplinary_procedures_for_the_teaching_profession_May_2020.pdf- (i) with a mental disorder ./Teacher_misconduct_Disciplinary_procedures_for_the_teaching_profession_May_2020.pdf- ./Teacher_misconduct_Disciplinary_procedures_for_the_teaching_profession_May_2020.pdf- (ii) whose intelligence or social functioning is significantly impaired ./Teacher_misconduct_Disciplinary_procedures_for_the_teaching_profession_May_2020.pdf- ./Teacher_misconduct_Disciplinary_procedures_for_the_teaching_profession_May_2020.pdf- (iii) with a physical disability as a result of which the witness requires ./Teacher_misconduct_Disciplinary_procedures_for_the_teaching_profession_May_2020.pdf- assistance to give evidence ./Teacher_misconduct_Disciplinary_procedures_for_the_teaching_profession_May_2020.pdf- ./Teacher_misconduct_Disciplinary_procedures_for_the_teaching_profession_May_2020.pdf- (iv) who is the alleged victim of conduct which is the subject of an ./Teacher_misconduct_Disciplinary_procedures_for_the_teaching_profession_May_2020.pdf: allegation against the teacher of a sexual nature ./Teacher_misconduct_Disciplinary_procedures_for_the_teaching_profession_May_2020.pdf- ./Teacher_misconduct_Disciplinary_procedures_for_the_teaching_profession_May_2020.pdf- (v) who complains of intimidation. 31 ./Teacher_misconduct_Disciplinary_procedures_for_the_teaching_profession_May_2020.pdf- ./Teacher_misconduct_Disciplinary_procedures_for_the_teaching_profession_May_2020.pdf-5.103. The panel will adopt such measures as it considers appropriate in order to ./Teacher_misconduct_Disciplinary_procedures_for_the_teaching_profession_May_2020.pdf- safeguard the interests of a child or vulnerable witness, which may include ./Teacher_misconduct_Disciplinary_procedures_for_the_teaching_profession_May_2020.pdf- ./Teacher_misconduct_Disciplinary_procedures_for_the_teaching_profession_May_2020.pdf- (i) the use of a video link ./Teacher_misconduct_Disciplinary_procedures_for_the_teaching_profession_May_2020.pdf- ./Teacher_misconduct_Disciplinary_procedures_for_the_teaching_profession_May_2020.pdf- (ii) the use of pre-recorded evidence ./Teacher_misconduct_Disciplinary_procedures_for_the_teaching_profession_May_2020.pdf- -- ./Teacher_misconduct_Disciplinary_procedures_for_the_teaching_profession_May_2020.pdf-5.106. If ./Teacher_misconduct_Disciplinary_procedures_for_the_teaching_profession_May_2020.pdf- ./Teacher_misconduct_Disciplinary_procedures_for_the_teaching_profession_May_2020.pdf: (i) any allegation against a teacher concerns conduct of a sexual nature ./Teacher_misconduct_Disciplinary_procedures_for_the_teaching_profession_May_2020.pdf- and the alleged victim of the conduct gives evidence ./Teacher_misconduct_Disciplinary_procedures_for_the_teaching_profession_May_2020.pdf- ./Teacher_misconduct_Disciplinary_procedures_for_the_teaching_profession_May_2020.pdf- (ii) a child witness gives evidence in relation to any allegation ./Teacher_misconduct_Disciplinary_procedures_for_the_teaching_profession_May_2020.pdf- ./Teacher_misconduct_Disciplinary_procedures_for_the_teaching_profession_May_2020.pdf- the teacher will not be permitted to examine or cross-examine the witness in ./Teacher_misconduct_Disciplinary_procedures_for_the_teaching_profession_May_2020.pdf- question other than via a representative, and the panel may direct that ./Teacher_misconduct_Disciplinary_procedures_for_the_teaching_profession_May_2020.pdf- examination or cross-examination of the witness will be undertaken by such ./Teacher_misconduct_Disciplinary_procedures_for_the_teaching_profession_May_2020.pdf- means, or by such person, as the panel considers appropriate and, if it is ./Teacher_misconduct_Disciplinary_procedures_for_the_teaching_profession_May_2020.pdf- reasonably possible, will make such a direction at least three weeks before ./Teacher_misconduct_Disciplinary_procedures_for_the_teaching_profession_May_2020.pdf- the witness is scheduled to give evidence. ./Teacher_X_Professional_conduct_panel_outcome.pdf- relationship with Child A, when she was a pupil at the School in that he on one or ./Teacher_X_Professional_conduct_panel_outcome.pdf- more occasion(s): ./Teacher_X_Professional_conduct_panel_outcome.pdf- a. Texted Child A; ./Teacher_X_Professional_conduct_panel_outcome.pdf- b. Hugged Child A; ./Teacher_X_Professional_conduct_panel_outcome.pdf- c. Kissed Child A; ./Teacher_X_Professional_conduct_panel_outcome.pdf- d. Asked Child A if she would ever sleep in bed next to him and/or suggested ./Teacher_X_Professional_conduct_panel_outcome.pdf- touching her in a more intimate way. ./Teacher_X_Professional_conduct_panel_outcome.pdf- 2. Between July 2012 – December 2013, he continued the relationship at allegation 1 ./Teacher_X_Professional_conduct_panel_outcome.pdf- above and/or engaged in an inappropriate relationship with Child A, when she was ./Teacher_X_Professional_conduct_panel_outcome.pdf- no longer a pupil at the School in that he: ./Teacher_X_Professional_conduct_panel_outcome.pdf: a. Engaged in sexual activity with Child A within the School’s premises and/or ./Teacher_X_Professional_conduct_panel_outcome.pdf- during school events; ./Teacher_X_Professional_conduct_panel_outcome.pdf: b. Engaged in sexual activity with Child A outside of the School setting; ./Teacher_X_Professional_conduct_panel_outcome.pdf: c. Engaged in sexual intercourse with Child A; ./Teacher_X_Professional_conduct_panel_outcome.pdf- d. Exchanging one or more images of his genitalia and/or Child A’s genitalia on ./Teacher_X_Professional_conduct_panel_outcome.pdf- one or more occasion(s). ./Teacher_X_Professional_conduct_panel_outcome.pdf- 3. His behaviour as may be found proven at 1 and/or 2 above was conduct of a ./Teacher_X_Professional_conduct_panel_outcome.pdf: sexual nature and/or was sexually motivated. ./Teacher_X_Professional_conduct_panel_outcome.pdf- ./Teacher_X_Professional_conduct_panel_outcome.pdf- ./Teacher_X_Professional_conduct_panel_outcome.pdf-By way of a statement of agreed and disputed facts, signed by Teacher X on 14 April ./Teacher_X_Professional_conduct_panel_outcome.pdf-2021, Teacher X denied allegation 1 in its entirety, in that he denied that any ./Teacher_X_Professional_conduct_panel_outcome.pdf-inappropriate relationship occurred whilst Child A was a pupil at the School or that his ./Teacher_X_Professional_conduct_panel_outcome.pdf:behaviour was sexually motivated. However, as set out further below, Teacher X ./Teacher_X_Professional_conduct_panel_outcome.pdf-accepted certain facts relating to the allegation. ./Teacher_X_Professional_conduct_panel_outcome.pdf- ./Teacher_X_Professional_conduct_panel_outcome.pdf-Teacher X admitted allegation 2, acknowledging that the conduct admitted amounted to ./Teacher_X_Professional_conduct_panel_outcome.pdf-an inappropriate relationship with Child A. However, as set out further below, Teacher X ./Teacher_X_Professional_conduct_panel_outcome.pdf:accepted certain facts including that he entered into a sexual relationship with Child A, ./Teacher_X_Professional_conduct_panel_outcome.pdf:but that this began after Child A left the School roll. Teacher X denied that the sexual ./Teacher_X_Professional_conduct_panel_outcome.pdf-activity referred to in allegation 2 was a continuation of any inappropriate relationship ./Teacher_X_Professional_conduct_panel_outcome.pdf-started while Child A was a pupil at the School, as alleged at allegation 1. ./Teacher_X_Professional_conduct_panel_outcome.pdf- ./Teacher_X_Professional_conduct_panel_outcome.pdf- 4 ./Teacher_X_Professional_conduct_panel_outcome.pdf- -- ./Teacher_X_Professional_conduct_panel_outcome.pdf-reaching the wrong decision as a result of not having heard the teacher’s account. ./Teacher_X_Professional_conduct_panel_outcome.pdf- ./Teacher_X_Professional_conduct_panel_outcome.pdf-The panel recognised that the allegations against the teacher are serious and that there ./Teacher_X_Professional_conduct_panel_outcome.pdf-was a real risk that if proven, the panel would be required to consider whether to ./Teacher_X_Professional_conduct_panel_outcome.pdf-recommend that the teacher ought to be prohibited from teaching. However, the panel ./Teacher_X_Professional_conduct_panel_outcome.pdf-was mindful of the [redacted] should proceedings be delayed. ./Teacher_X_Professional_conduct_panel_outcome.pdf- ./Teacher_X_Professional_conduct_panel_outcome.pdf-The panel recognised that the efficient disposal of allegations against teachers is ./Teacher_X_Professional_conduct_panel_outcome.pdf-required to ensure the protection of pupils and to maintain confidence in the profession. ./Teacher_X_Professional_conduct_panel_outcome.pdf-The allegations include reference to Child A with whom it is alleged the teacher entered ./Teacher_X_Professional_conduct_panel_outcome.pdf:into an inappropriate sexual relationship, while a pupil at the School. Child A would have ./Teacher_X_Professional_conduct_panel_outcome.pdf-an interest in having the allegations determined within a reasonable time. The conduct ./Teacher_X_Professional_conduct_panel_outcome.pdf-alleged is said to have taken place whilst the teacher was employed at the School. The ./Teacher_X_Professional_conduct_panel_outcome.pdf-alleged events date back to around 2012, and the panel was aware that the School ./Teacher_X_Professional_conduct_panel_outcome.pdf-would also have an interest in this hearing taking place. ./Teacher_X_Professional_conduct_panel_outcome.pdf- ./Teacher_X_Professional_conduct_panel_outcome.pdf-The panel noted that, as a result of preceding Case Management Hearings, Child A had ./Teacher_X_Professional_conduct_panel_outcome.pdf-been classed as a vulnerable witness and had been awarded various special measures. ./Teacher_X_Professional_conduct_panel_outcome.pdf-She was prepared to give evidence. The panel noted that it would be inconvenient and ./Teacher_X_Professional_conduct_panel_outcome.pdf-distressing for her to have to delay such evidence and return again. Delaying the case ./Teacher_X_Professional_conduct_panel_outcome.pdf-again may further impact upon the memory of that witness. -- ./Teacher_X_Professional_conduct_panel_outcome.pdf-should be texting, hugging or kissing a pupil. In addition, the panel heard evidence ./Teacher_X_Professional_conduct_panel_outcome.pdf-relating to the gift of a necklace from Teacher X to Child A. ./Teacher_X_Professional_conduct_panel_outcome.pdf- ./Teacher_X_Professional_conduct_panel_outcome.pdf-The panel considered any such behaviour was incompatible with the role of a teacher ./Teacher_X_Professional_conduct_panel_outcome.pdf-and therefore found the inappropriate relationship element of allegation 1 to be proved. ./Teacher_X_Professional_conduct_panel_outcome.pdf- ./Teacher_X_Professional_conduct_panel_outcome.pdf-2. Between July 2012 – December 2013, you continued the relationship at ./Teacher_X_Professional_conduct_panel_outcome.pdf-allegation 1 above and/or engaged in an inappropriate relationship with Child A, ./Teacher_X_Professional_conduct_panel_outcome.pdf-when she was no longer a pupil at the School in that you: ./Teacher_X_Professional_conduct_panel_outcome.pdf- ./Teacher_X_Professional_conduct_panel_outcome.pdf:(a) Engaged in sexual activity with Child A within the School’s premises and/or ./Teacher_X_Professional_conduct_panel_outcome.pdf-during school events; ./Teacher_X_Professional_conduct_panel_outcome.pdf- ./Teacher_X_Professional_conduct_panel_outcome.pdf-The panel noted that both Child A and Teacher X agreed that their relationship became ./Teacher_X_Professional_conduct_panel_outcome.pdf:sexual in July 2012, but that Teacher X denied any sexual activity on the School’s ./Teacher_X_Professional_conduct_panel_outcome.pdf-premises and/or during School events. ./Teacher_X_Professional_conduct_panel_outcome.pdf- ./Teacher_X_Professional_conduct_panel_outcome.pdf- ./Teacher_X_Professional_conduct_panel_outcome.pdf- ./Teacher_X_Professional_conduct_panel_outcome.pdf- 15 ./Teacher_X_Professional_conduct_panel_outcome.pdf- -- ./Teacher_X_Professional_conduct_panel_outcome.pdf-However, in the panel’s view the allegation was supported by evidence provided to it. ./Teacher_X_Professional_conduct_panel_outcome.pdf-This included Child A’s consistent written evidence which was very clear and detailed in ./Teacher_X_Professional_conduct_panel_outcome.pdf:terms of when and where sexual activity had taken place. Child A stated this was in a ./Teacher_X_Professional_conduct_panel_outcome.pdf-School classroom before a show, during a definite three-day window of time. She gave ./Teacher_X_Professional_conduct_panel_outcome.pdf-other intimate details of the activity, and the layout of the room. Child A gave a detailed ./Teacher_X_Professional_conduct_panel_outcome.pdf:account of the circumstances of their sexual activity during a School trip. ./Teacher_X_Professional_conduct_panel_outcome.pdf- ./Teacher_X_Professional_conduct_panel_outcome.pdf-The panel tested Child A’s evidence through direct questioning during the hearing. It was ./Teacher_X_Professional_conduct_panel_outcome.pdf-put to Child A that her account was disputed by Teacher X, but she clearly confirmed her ./Teacher_X_Professional_conduct_panel_outcome.pdf-account, under oath. The panel again found Child A’s evidence to be credible and ./Teacher_X_Professional_conduct_panel_outcome.pdf-consistent, and found no reason to doubt the veracity of it. ./Teacher_X_Professional_conduct_panel_outcome.pdf- ./Teacher_X_Professional_conduct_panel_outcome.pdf-The panel therefore found this allegation proved. ./Teacher_X_Professional_conduct_panel_outcome.pdf- ./Teacher_X_Professional_conduct_panel_outcome.pdf:(b) Engaged in sexual activity with Child A outside of the School setting; ./Teacher_X_Professional_conduct_panel_outcome.pdf- ./Teacher_X_Professional_conduct_panel_outcome.pdf:(c) Engaged in sexual intercourse with Child A; ./Teacher_X_Professional_conduct_panel_outcome.pdf- ./Teacher_X_Professional_conduct_panel_outcome.pdf-These allegations were supported by evidence provided to the panel, notably the ./Teacher_X_Professional_conduct_panel_outcome.pdf-statement of agreed and disputed facts, in which Teacher X admitted entering into a ./Teacher_X_Professional_conduct_panel_outcome.pdf:sexual relationship with Child A for the first time in July 2012, after she had left the ./Teacher_X_Professional_conduct_panel_outcome.pdf:School roll, and having sexual intercourse with Child A on one or more occasion at his ./Teacher_X_Professional_conduct_panel_outcome.pdf-home and at Child A’s mother’s home. ./Teacher_X_Professional_conduct_panel_outcome.pdf- ./Teacher_X_Professional_conduct_panel_outcome.pdf:Child A gave detailed and consistent written evidence in relation to sexual activity, ./Teacher_X_Professional_conduct_panel_outcome.pdf:including sexual intercourse, outside of the School setting, including at Teacher X’s ./Teacher_X_Professional_conduct_panel_outcome.pdf-home. ./Teacher_X_Professional_conduct_panel_outcome.pdf- ./Teacher_X_Professional_conduct_panel_outcome.pdf-The panel was presented with no evidence to suggest that the events as alleged did not ./Teacher_X_Professional_conduct_panel_outcome.pdf-occur. The panel therefore found these allegation proved. ./Teacher_X_Professional_conduct_panel_outcome.pdf- ./Teacher_X_Professional_conduct_panel_outcome.pdf-(d) Exchanging one or more images of your genitalia and/or Child A’s genitalia on ./Teacher_X_Professional_conduct_panel_outcome.pdf-one or more occasion(s). ./Teacher_X_Professional_conduct_panel_outcome.pdf- ./Teacher_X_Professional_conduct_panel_outcome.pdf-This allegation was supported by evidence provided to the panel, notably the statement ./Teacher_X_Professional_conduct_panel_outcome.pdf-of agreed and disputed facts, in which Teacher X admitted exchanging text messages -- ./Teacher_X_Professional_conduct_panel_outcome.pdf-activities, and attending the premises. Having already found (at allegation 1) that Teacher ./Teacher_X_Professional_conduct_panel_outcome.pdf-X had entered into an inappropriate relationship while Child A was a pupil, the panel ./Teacher_X_Professional_conduct_panel_outcome.pdf-found that this relationship had continued beyond her leaving the School’s roll. Clearly, ./Teacher_X_Professional_conduct_panel_outcome.pdf-the teacher-pupil relationship had existed for several years, and without this the ./Teacher_X_Professional_conduct_panel_outcome.pdf-inappropriate relationship would have never developed. The panel again considered that ./Teacher_X_Professional_conduct_panel_outcome.pdf-the behaviour found proven was incompatible with the role of a teacher and therefore ./Teacher_X_Professional_conduct_panel_outcome.pdf-found the inappropriate relationship element of allegation 2 (and thereby all of allegation ./Teacher_X_Professional_conduct_panel_outcome.pdf-2) to be proved. ./Teacher_X_Professional_conduct_panel_outcome.pdf- ./Teacher_X_Professional_conduct_panel_outcome.pdf-3. Your behaviour as may be found proven at 1 and/or 2 above was conduct of a ./Teacher_X_Professional_conduct_panel_outcome.pdf:sexual nature and/or was sexually motivated. ./Teacher_X_Professional_conduct_panel_outcome.pdf- ./Teacher_X_Professional_conduct_panel_outcome.pdf-This allegation was supported by evidence provided to the panel, including (in part) the ./Teacher_X_Professional_conduct_panel_outcome.pdf-statement of agreed and disputed facts in which Teacher X admitted that the conduct ./Teacher_X_Professional_conduct_panel_outcome.pdf:admitted at allegation 2 was conduct of a sexual nature. ./Teacher_X_Professional_conduct_panel_outcome.pdf- ./Teacher_X_Professional_conduct_panel_outcome.pdf-The panel took into account the written and oral evidence of Child A, including her ./Teacher_X_Professional_conduct_panel_outcome.pdf-responses to questioning in this area. The panel noted that Child A was clear that the text ./Teacher_X_Professional_conduct_panel_outcome.pdf:messages exchanged from June 2012 initially included no sexual content, but began as ./Teacher_X_Professional_conduct_panel_outcome.pdf-“normal, saying ‘Hi’ and general chitchat.” ./Teacher_X_Professional_conduct_panel_outcome.pdf- ./Teacher_X_Professional_conduct_panel_outcome.pdf:During its deliberations, the panel referred to the definition of ‘sexual’ found at section ./Teacher_X_Professional_conduct_panel_outcome.pdf:78(1)(b) of the Sexual Offences Act 2003, that “touching or any other activity is sexual if a ./Teacher_X_Professional_conduct_panel_outcome.pdf-reasonable person would consider that (a) whatever its circumstances of any person’s ./Teacher_X_Professional_conduct_panel_outcome.pdf:purpose in relation to it, it is because of its nature sexual, or (b) because of its nature it ./Teacher_X_Professional_conduct_panel_outcome.pdf:may be sexual and because of its circumstances or the purpose of any person in relation ./Teacher_X_Professional_conduct_panel_outcome.pdf:to it (or both) it is sexual.” ./Teacher_X_Professional_conduct_panel_outcome.pdf- ./Teacher_X_Professional_conduct_panel_outcome.pdf-The panel accepted the advice of the legal adviser that in the latter case the panel should ./Teacher_X_Professional_conduct_panel_outcome.pdf-ask itself whether on the balance of probabilities reasonable persons would think the ./Teacher_X_Professional_conduct_panel_outcome.pdf:words/actions found proven could be sexual, and if so, they should go on to ask whether, ./Teacher_X_Professional_conduct_panel_outcome.pdf-in all the circumstances of the conduct in the case, it is more likely than not that the ./Teacher_X_Professional_conduct_panel_outcome.pdf:teacher’s purpose of such words/actions was sexual. ./Teacher_X_Professional_conduct_panel_outcome.pdf- ./Teacher_X_Professional_conduct_panel_outcome.pdf:The panel also considered whether, even in the absence of any direct evidence, sexual ./Teacher_X_Professional_conduct_panel_outcome.pdf-motivation should be inferred from all the circumstances of the case, taking the approach ./Teacher_X_Professional_conduct_panel_outcome.pdf-of the court in Basson v GMC [2018] EWHC 505 (Admin) (endorsed in GMC v Haris ./Teacher_X_Professional_conduct_panel_outcome.pdf-[2020] EWHC 2518 (Admin)) that, “the state of a person’s mind is not something that can ./Teacher_X_Professional_conduct_panel_outcome.pdf- ./Teacher_X_Professional_conduct_panel_outcome.pdf- ./Teacher_X_Professional_conduct_panel_outcome.pdf- 17 ./Teacher_X_Professional_conduct_panel_outcome.pdf- -- ./Teacher_X_Professional_conduct_panel_outcome.pdf-be proved by direct observation. It can only be proved by inference or deduction from the ./Teacher_X_Professional_conduct_panel_outcome.pdf-surrounding evidence”. ./Teacher_X_Professional_conduct_panel_outcome.pdf- ./Teacher_X_Professional_conduct_panel_outcome.pdf-The panel was in no doubt that the behaviour found proven in allegation 2 was both ./Teacher_X_Professional_conduct_panel_outcome.pdf:conduct of a sexual nature and sexually motivated. The actions were unequivocally ./Teacher_X_Professional_conduct_panel_outcome.pdf:sexual, and this was accepted by Teacher X. ./Teacher_X_Professional_conduct_panel_outcome.pdf- ./Teacher_X_Professional_conduct_panel_outcome.pdf-Considering all the circumstances of the case, the panel also found that the behaviour ./Teacher_X_Professional_conduct_panel_outcome.pdf:found proven in allegation 1 was sexually motivated. The panel accepted the TRA’s ./Teacher_X_Professional_conduct_panel_outcome.pdf-submission that Teacher X’s conduct as set out in allegation 1 sought to develop an ./Teacher_X_Professional_conduct_panel_outcome.pdf:inappropriate and sexual relationship with Child A. The panel regarded this as part of a ./Teacher_X_Professional_conduct_panel_outcome.pdf-continuum of behaviour, which was inextricably connected to the behaviour found proven ./Teacher_X_Professional_conduct_panel_outcome.pdf-in allegation 2. ./Teacher_X_Professional_conduct_panel_outcome.pdf- ./Teacher_X_Professional_conduct_panel_outcome.pdf-This allegation was therefore found proved. ./Teacher_X_Professional_conduct_panel_outcome.pdf- ./Teacher_X_Professional_conduct_panel_outcome.pdf-Findings as to unacceptable professional conduct and/or conduct that ./Teacher_X_Professional_conduct_panel_outcome.pdf-may bring the profession into disrepute ./Teacher_X_Professional_conduct_panel_outcome.pdf-Having found allegations 1a, 1b, 1c, 2 and 3 proved, the panel went on to consider ./Teacher_X_Professional_conduct_panel_outcome.pdf-whether the facts of those proved allegations amounted to unacceptable professional ./Teacher_X_Professional_conduct_panel_outcome.pdf-conduct and/or conduct that may bring the profession into disrepute. -- ./Teacher_X_Professional_conduct_panel_outcome.pdf-The panel also considered whether Teacher X’s conduct displayed behaviours ./Teacher_X_Professional_conduct_panel_outcome.pdf-associated with any of the offences listed on pages 10 and 11 of the Advice. The Advice ./Teacher_X_Professional_conduct_panel_outcome.pdf-indicates at page 9 that where behaviours associated with such an offence exist, a panel ./Teacher_X_Professional_conduct_panel_outcome.pdf-is likely to conclude that an individual’s conduct would amount to unacceptable ./Teacher_X_Professional_conduct_panel_outcome.pdf:professional conduct. The panel found that the offences of sexual activity and activity ./Teacher_X_Professional_conduct_panel_outcome.pdf-involving viewing, taking, making and/or possessing any indecent photograph of a child ./Teacher_X_Professional_conduct_panel_outcome.pdf-(with respect to the allegation found proven at 2d), were relevant, and that Teacher X’s ./Teacher_X_Professional_conduct_panel_outcome.pdf-conduct displayed behaviours associated with these offences, while noting that Teacher ./Teacher_X_Professional_conduct_panel_outcome.pdf-X had not been convicted of any such offences. ./Teacher_X_Professional_conduct_panel_outcome.pdf- ./Teacher_X_Professional_conduct_panel_outcome.pdf-The panel noted that allegations 2 and 3 involved activities which took place outside the ./Teacher_X_Professional_conduct_panel_outcome.pdf-education setting. However, the panel considered that these activities were closely ./Teacher_X_Professional_conduct_panel_outcome.pdf-connected to the School setting, involving Child A who was, in relation to certain ./Teacher_X_Professional_conduct_panel_outcome.pdf-activities, a pupil of the School, and in relation to the others, a very recent former pupil ./Teacher_X_Professional_conduct_panel_outcome.pdf-who had left the School [redacted]. Teacher X’s relationship with Child A had begun in -- ./Teacher_X_Professional_conduct_panel_outcome.pdf-orders should not be given in order to be punitive, or to show that blame has been ./Teacher_X_Professional_conduct_panel_outcome.pdf-apportioned, although they are likely to have punitive effect. ./Teacher_X_Professional_conduct_panel_outcome.pdf- ./Teacher_X_Professional_conduct_panel_outcome.pdf-The panel had regard to the particular public interest considerations set out at page 12 of ./Teacher_X_Professional_conduct_panel_outcome.pdf-the Advice and, having done so, found a number of them to be relevant in this case, ./Teacher_X_Professional_conduct_panel_outcome.pdf-namely: the protection of pupils, the protection of other members of the public, the ./Teacher_X_Professional_conduct_panel_outcome.pdf-maintenance of public confidence in the profession, and declaring and upholding proper ./Teacher_X_Professional_conduct_panel_outcome.pdf-standards of conduct. ./Teacher_X_Professional_conduct_panel_outcome.pdf- ./Teacher_X_Professional_conduct_panel_outcome.pdf-In the light of the panel’s findings against Teacher X, which involved engaging in an ./Teacher_X_Professional_conduct_panel_outcome.pdf:inappropriate and sexually-motivated relationship with a pupil, and continuing this ./Teacher_X_Professional_conduct_panel_outcome.pdf-relationship both within and outside of the education setting, there was a strong public ./Teacher_X_Professional_conduct_panel_outcome.pdf-interest consideration in respect of the protection of pupils, and other members of the ./Teacher_X_Professional_conduct_panel_outcome.pdf-public. The panel noted here the evidence given that Teacher X had other pupils’ ./Teacher_X_Professional_conduct_panel_outcome.pdf:numbers saved in his mobile phone, and that Teacher X had engaged in sexual activity in ./Teacher_X_Professional_conduct_panel_outcome.pdf-circumstances where other children could have been nearby. In addition, it appeared to ./Teacher_X_Professional_conduct_panel_outcome.pdf-the panel that Teacher X had attempted to conceal his relationship with Child A from his ./Teacher_X_Professional_conduct_panel_outcome.pdf-family. ./Teacher_X_Professional_conduct_panel_outcome.pdf- ./Teacher_X_Professional_conduct_panel_outcome.pdf- ./Teacher_X_Professional_conduct_panel_outcome.pdf- 20 ./Teacher_X_Professional_conduct_panel_outcome.pdf- -- ./Teacher_X_Professional_conduct_panel_outcome.pdf-prohibition order may be appropriate if certain behaviours of a teacher have been proved. ./Teacher_X_Professional_conduct_panel_outcome.pdf-In the list of such behaviours, those that were relevant in this case were: ./Teacher_X_Professional_conduct_panel_outcome.pdf- ./Teacher_X_Professional_conduct_panel_outcome.pdf- serious departure from the personal and professional conduct elements of the ./Teacher_X_Professional_conduct_panel_outcome.pdf- Teachers’ Standards; ./Teacher_X_Professional_conduct_panel_outcome.pdf- ./Teacher_X_Professional_conduct_panel_outcome.pdf- misconduct seriously affecting the education and/or well-being of pupils; ./Teacher_X_Professional_conduct_panel_outcome.pdf- ./Teacher_X_Professional_conduct_panel_outcome.pdf- abuse of position or trust or violation of the rights of pupils; ./Teacher_X_Professional_conduct_panel_outcome.pdf- ./Teacher_X_Professional_conduct_panel_outcome.pdf: sexual misconduct; and ./Teacher_X_Professional_conduct_panel_outcome.pdf- ./Teacher_X_Professional_conduct_panel_outcome.pdf- any activity involving viewing, taking, making or possessing any indecent photograph ./Teacher_X_Professional_conduct_panel_outcome.pdf- of a child, including one-off incidents. ./Teacher_X_Professional_conduct_panel_outcome.pdf- ./Teacher_X_Professional_conduct_panel_outcome.pdf-Even though some of the behaviour found proved in this case indicated that a prohibition ./Teacher_X_Professional_conduct_panel_outcome.pdf-order would be appropriate, the panel went on to consider the mitigating factors. ./Teacher_X_Professional_conduct_panel_outcome.pdf-Mitigating factors may indicate that a prohibition order would not be appropriate or ./Teacher_X_Professional_conduct_panel_outcome.pdf-proportionate. ./Teacher_X_Professional_conduct_panel_outcome.pdf- ./Teacher_X_Professional_conduct_panel_outcome.pdf-The panel had no reason to doubt that Teacher X had a previous good history of -- ./Teacher_X_Professional_conduct_panel_outcome.pdf- ./Teacher_X_Professional_conduct_panel_outcome.pdf-The panel was of the view that, applying the standard of the ordinary intelligent citizen, it ./Teacher_X_Professional_conduct_panel_outcome.pdf-would not be a proportionate and appropriate response to recommend no prohibition ./Teacher_X_Professional_conduct_panel_outcome.pdf-order. Recommending that the publication of adverse findings would be sufficient would ./Teacher_X_Professional_conduct_panel_outcome.pdf-unacceptably compromise the public interest considerations present in this case, despite ./Teacher_X_Professional_conduct_panel_outcome.pdf-the severity of the consequences for Teacher X of prohibition. ./Teacher_X_Professional_conduct_panel_outcome.pdf- ./Teacher_X_Professional_conduct_panel_outcome.pdf-The panel was of the view that prohibition was both proportionate and appropriate. The ./Teacher_X_Professional_conduct_panel_outcome.pdf-panel decided that the public interest considerations outweighed the interests of Teacher ./Teacher_X_Professional_conduct_panel_outcome.pdf-X. The significant factors in forming that opinion were: Teacher X had engaged in an ./Teacher_X_Professional_conduct_panel_outcome.pdf:inappropriate, sexually-motivated relationship with a pupil; he had engaged in sexual ./Teacher_X_Professional_conduct_panel_outcome.pdf-activity with a pupil on School premises and in relation to School events, including when ./Teacher_X_Professional_conduct_panel_outcome.pdf-other pupils could have been nearby; and he had continued this relationship with Child A ./Teacher_X_Professional_conduct_panel_outcome.pdf-while she was still closely connected with the school at which he worked. ./Teacher_X_Professional_conduct_panel_outcome.pdf- ./Teacher_X_Professional_conduct_panel_outcome.pdf-Accordingly, the panel made a recommendation to the Secretary of State that a ./Teacher_X_Professional_conduct_panel_outcome.pdf-prohibition order should be imposed with immediate effect. ./Teacher_X_Professional_conduct_panel_outcome.pdf- ./Teacher_X_Professional_conduct_panel_outcome.pdf-The panel went on to consider whether or not it would be appropriate for it to decide to ./Teacher_X_Professional_conduct_panel_outcome.pdf-recommend a review period of the order. The panel was mindful that the Advice states ./Teacher_X_Professional_conduct_panel_outcome.pdf-that a prohibition order applies for life, but there may be circumstances, in any given -- ./Teacher_X_Professional_conduct_panel_outcome.pdf-case, that may make it appropriate to allow a teacher to apply to have the prohibition ./Teacher_X_Professional_conduct_panel_outcome.pdf-order reviewed after a specified period of time that may not be less than 2 years. ./Teacher_X_Professional_conduct_panel_outcome.pdf- ./Teacher_X_Professional_conduct_panel_outcome.pdf-The Advice indicates that there are behaviours that, if proved, would militate against the ./Teacher_X_Professional_conduct_panel_outcome.pdf:recommendation of a review period. These behaviours include serious sexual ./Teacher_X_Professional_conduct_panel_outcome.pdf:misconduct, such as where the act was sexually motivated and resulted in, or had the ./Teacher_X_Professional_conduct_panel_outcome.pdf-potential to result in, harm to a person or persons, particularly where the individual has ./Teacher_X_Professional_conduct_panel_outcome.pdf-used his professional position to influence or exploit a person or persons. The panel had ./Teacher_X_Professional_conduct_panel_outcome.pdf-found that Teacher X, while in a position of trust, was responsible for engaging in and ./Teacher_X_Professional_conduct_panel_outcome.pdf:developing an inappropriate sexual relationship with a pupil at his school. ./Teacher_X_Professional_conduct_panel_outcome.pdf- ./Teacher_X_Professional_conduct_panel_outcome.pdf-The panel considered written representations made by or on behalf of Teacher X. In the ./Teacher_X_Professional_conduct_panel_outcome.pdf-panel’s view, Teacher X had shown very little insight into his actions. Although it was said ./Teacher_X_Professional_conduct_panel_outcome.pdf-that he ‘greatly regrets’ the relationship, [redacted]. Teacher X did not recognise the ./Teacher_X_Professional_conduct_panel_outcome.pdf-potential impact on Child A or show any remorse in this regard. ./Teacher_X_Professional_conduct_panel_outcome.pdf- ./Teacher_X_Professional_conduct_panel_outcome.pdf-In addition, although Teacher X had admitted certain allegations, he did not appear to ./Teacher_X_Professional_conduct_panel_outcome.pdf-appreciate that, even after Child A had left the School, [redacted], at the early stages of ./Teacher_X_Professional_conduct_panel_outcome.pdf-learning about relationships, and thereby relatively vulnerable. ./Teacher_X_Professional_conduct_panel_outcome.pdf- -- ./Teacher_X_Professional_conduct_panel_outcome.pdf- ./Teacher_X_Professional_conduct_panel_outcome.pdf- o showing tolerance of and respect for the rights of others ./Teacher_X_Professional_conduct_panel_outcome.pdf- ./Teacher_X_Professional_conduct_panel_outcome.pdf- Teachers must have an understanding of, and always act within, the statutory ./Teacher_X_Professional_conduct_panel_outcome.pdf- frameworks which set out their professional duties and responsibilities. ./Teacher_X_Professional_conduct_panel_outcome.pdf- ./Teacher_X_Professional_conduct_panel_outcome.pdf-The panel was also satisfied that “the conduct of Teacher X amounted to misconduct of a ./Teacher_X_Professional_conduct_panel_outcome.pdf-serious nature which fell significantly short of the standards expected of the profession.” ./Teacher_X_Professional_conduct_panel_outcome.pdf- ./Teacher_X_Professional_conduct_panel_outcome.pdf-The findings of misconduct are particularly serious as they include what the panel set out ./Teacher_X_Professional_conduct_panel_outcome.pdf:as, “the offences of sexual activity and activity involving viewing, taking, making and/or ./Teacher_X_Professional_conduct_panel_outcome.pdf-possessing any indecent photograph of a child (with respect to the allegation found ./Teacher_X_Professional_conduct_panel_outcome.pdf-proven at 2d), were relevant, and that Teacher X’s conduct displayed behaviours ./Teacher_X_Professional_conduct_panel_outcome.pdf-associated with these offences, while noting that Teacher X had not been convicted of ./Teacher_X_Professional_conduct_panel_outcome.pdf-any such offences.” ./Teacher_X_Professional_conduct_panel_outcome.pdf- ./Teacher_X_Professional_conduct_panel_outcome.pdf-I have to determine whether the imposition of a prohibition order is proportionate and in ./Teacher_X_Professional_conduct_panel_outcome.pdf-the public interest. In considering that for this case, I have considered the overall aim of a ./Teacher_X_Professional_conduct_panel_outcome.pdf-prohibition order which is to protect pupils and to maintain public confidence in the ./Teacher_X_Professional_conduct_panel_outcome.pdf-profession. I have considered the extent to which a prohibition order in this case would ./Teacher_X_Professional_conduct_panel_outcome.pdf-achieve that aim taking into account the impact that it will have on the individual teacher. ./Teacher_X_Professional_conduct_panel_outcome.pdf-I have also asked myself, whether a less intrusive measure, such as the published ./Teacher_X_Professional_conduct_panel_outcome.pdf-finding of unacceptable professional conduct and conduct that may bring the profession ./Teacher_X_Professional_conduct_panel_outcome.pdf-into disrepute, would itself be sufficient to achieve the overall aim. I have to consider ./Teacher_X_Professional_conduct_panel_outcome.pdf-whether the consequences of such a publication are themselves sufficient. I have ./Teacher_X_Professional_conduct_panel_outcome.pdf-considered therefore whether or not prohibiting Teacher X, and the impact that will have ./Teacher_X_Professional_conduct_panel_outcome.pdf-on him, is proportionate and in the public interest. ./Teacher_X_Professional_conduct_panel_outcome.pdf- ./Teacher_X_Professional_conduct_panel_outcome.pdf-In this case, I have considered the extent to which a prohibition order would protect ./Teacher_X_Professional_conduct_panel_outcome.pdf-children. The panel has observed, “The panel had found that Teacher X, while in a ./Teacher_X_Professional_conduct_panel_outcome.pdf:position of trust, was responsible for engaging in and developing an inappropriate sexual ./Teacher_X_Professional_conduct_panel_outcome.pdf-relationship with a pupil at his school.” ./Teacher_X_Professional_conduct_panel_outcome.pdf- ./Teacher_X_Professional_conduct_panel_outcome.pdf-A prohibition order would therefore prevent such a risk from being present in the future. I ./Teacher_X_Professional_conduct_panel_outcome.pdf-have also taken into account the panel’s comments on insight and remorse, which the ./Teacher_X_Professional_conduct_panel_outcome.pdf-panel sets out as follows, “In the panel’s view, Teacher X had shown very little insight ./Teacher_X_Professional_conduct_panel_outcome.pdf-into his actions. Although it was said that he ‘greatly regrets’ the relationship,[redacted]. ./Teacher_X_Professional_conduct_panel_outcome.pdf-Teacher X did not recognise the potential impact on Child A or show any remorse in this ./Teacher_X_Professional_conduct_panel_outcome.pdf-regard.” ./Teacher_X_Professional_conduct_panel_outcome.pdf- ./Teacher_X_Professional_conduct_panel_outcome.pdf- -- ./Teacher_X_Professional_conduct_panel_outcome.pdf-repetition of this behaviour and this puts at risk the future well-being of pupils. I have ./Teacher_X_Professional_conduct_panel_outcome.pdf-therefore given this element considerable weight in reaching my decision. ./Teacher_X_Professional_conduct_panel_outcome.pdf- ./Teacher_X_Professional_conduct_panel_outcome.pdf-I have gone on to consider the extent to which a prohibition order would maintain public ./Teacher_X_Professional_conduct_panel_outcome.pdf-confidence in the profession. The panel observe, “The panel considered the findings of ./Teacher_X_Professional_conduct_panel_outcome.pdf-misconduct in this case to be very serious, and that the conduct displayed would be likely ./Teacher_X_Professional_conduct_panel_outcome.pdf-to have a negative impact on the individual’s status as a teacher, potentially damaging ./Teacher_X_Professional_conduct_panel_outcome.pdf-the public perception.” ./Teacher_X_Professional_conduct_panel_outcome.pdf- ./Teacher_X_Professional_conduct_panel_outcome.pdf-I am particularly mindful of the finding of, “engaging in and developing an inappropriate ./Teacher_X_Professional_conduct_panel_outcome.pdf:sexual relationship with a pupil at his school.” in this case and the impact that such a ./Teacher_X_Professional_conduct_panel_outcome.pdf-finding has on the reputation of the profession. ./Teacher_X_Professional_conduct_panel_outcome.pdf- ./Teacher_X_Professional_conduct_panel_outcome.pdf-I have had to consider that the public has a high expectation of professional standards of ./Teacher_X_Professional_conduct_panel_outcome.pdf-all teachers and that the public might regard a failure to impose a prohibition order as a ./Teacher_X_Professional_conduct_panel_outcome.pdf-failure to uphold those high standards. In weighing these considerations, I have had to ./Teacher_X_Professional_conduct_panel_outcome.pdf-consider the matter from the point of view of an “ordinary intelligent and well-informed ./Teacher_X_Professional_conduct_panel_outcome.pdf-citizen.” ./Teacher_X_Professional_conduct_panel_outcome.pdf- ./Teacher_X_Professional_conduct_panel_outcome.pdf-I have considered whether the publication of a finding of unacceptable professional ./Teacher_X_Professional_conduct_panel_outcome.pdf-conduct, in the absence of a prohibition order, can itself be regarded by such a person as -- ./Teacher_X_Professional_conduct_panel_outcome.pdf-by, for example, representatives of the School or other colleagues which would indicate ./Teacher_X_Professional_conduct_panel_outcome.pdf-that he had made an exceptional contribution to education to the extent that there was a ./Teacher_X_Professional_conduct_panel_outcome.pdf-public interest in him being able to continue to teach. Ultimately, Teacher X had ./Teacher_X_Professional_conduct_panel_outcome.pdf-fundamentally breached the trust placed in him by entering into an inappropriate ./Teacher_X_Professional_conduct_panel_outcome.pdf-relationship with a pupil.” ./Teacher_X_Professional_conduct_panel_outcome.pdf- ./Teacher_X_Professional_conduct_panel_outcome.pdf-A prohibition order would prevent Teacher X from teaching and would also clearly ./Teacher_X_Professional_conduct_panel_outcome.pdf-deprive the public of his contribution to the profession for the period that it is in force. ./Teacher_X_Professional_conduct_panel_outcome.pdf- ./Teacher_X_Professional_conduct_panel_outcome.pdf-In this case, I have placed considerable weight on the panel’s comments, “Teacher X had ./Teacher_X_Professional_conduct_panel_outcome.pdf:engaged in an inappropriate, sexually-motivated relationship with a pupil; he had ./Teacher_X_Professional_conduct_panel_outcome.pdf:engaged in sexual activity with a pupil on School premises and in relation to School ./Teacher_X_Professional_conduct_panel_outcome.pdf-events, including when other pupils could have been nearby; and he had continued this ./Teacher_X_Professional_conduct_panel_outcome.pdf- ./Teacher_X_Professional_conduct_panel_outcome.pdf- 25 ./Teacher_X_Professional_conduct_panel_outcome.pdf- -- ./Teacher_X_Professional_conduct_panel_outcome.pdf- ./Teacher_X_Professional_conduct_panel_outcome.pdf-In addition, although Teacher X had admitted certain allegations, he did not appear to ./Teacher_X_Professional_conduct_panel_outcome.pdf-appreciate that, even after Child A had left the School, [redacted], at the early stages of ./Teacher_X_Professional_conduct_panel_outcome.pdf-learning about relationships, and thereby relatively vulnerable.” ./Teacher_X_Professional_conduct_panel_outcome.pdf- ./Teacher_X_Professional_conduct_panel_outcome.pdf-I have considered whether allowing for a no review period reflects the seriousness of the ./Teacher_X_Professional_conduct_panel_outcome.pdf-findings and is proportionate and necessary to achieve the aim of maintaining public ./Teacher_X_Professional_conduct_panel_outcome.pdf-confidence in the profession. In this case, there are factors which mean that a no review ./Teacher_X_Professional_conduct_panel_outcome.pdf-is necessary and proportionate. Those factors are the seriousness nature of the ./Teacher_X_Professional_conduct_panel_outcome.pdf-misconduct and the lack of insight or remorse. As the panel state, “Teacher X, while in a ./Teacher_X_Professional_conduct_panel_outcome.pdf:position of trust, was responsible for engaging in and developing an inappropriate sexual ./Teacher_X_Professional_conduct_panel_outcome.pdf-relationship with a pupil at his school.” ./Teacher_X_Professional_conduct_panel_outcome.pdf- ./Teacher_X_Professional_conduct_panel_outcome.pdf-I consider therefore that allowing for a no review period is necessary to maintain public ./Teacher_X_Professional_conduct_panel_outcome.pdf-confidence and is proportionate and in the public interest. ./Teacher_X_Professional_conduct_panel_outcome.pdf- ./Teacher_X_Professional_conduct_panel_outcome.pdf-This means that Teacher X is prohibited from teaching indefinitely and cannot ./Teacher_X_Professional_conduct_panel_outcome.pdf-teach in any school, sixth form college, relevant youth accommodation or ./Teacher_X_Professional_conduct_panel_outcome.pdf-children’s home in England. Furthermore, in view of the seriousness of the allegations ./Teacher_X_Professional_conduct_panel_outcome.pdf-found proved against him, I have decided that Teacher X shall not be entitled to apply for ./Teacher_X_Professional_conduct_panel_outcome.pdf-restoration of his eligibility to teach. ./Thomas-Epsley__Anton_-_Web_Decision.pdf- ./Thomas-Epsley__Anton_-_Web_Decision.pdf- a. sat next to Young Person A on the plane, despite a request to him from ./Thomas-Epsley__Anton_-_Web_Decision.pdf- her mother that she sit elsewhere; ./Thomas-Epsley__Anton_-_Web_Decision.pdf- ./Thomas-Epsley__Anton_-_Web_Decision.pdf- b. used his room as the meeting place for team members; ./Thomas-Epsley__Anton_-_Web_Decision.pdf- ./Thomas-Epsley__Anton_-_Web_Decision.pdf- c. spent time alone in his room with Young Person A; ./Thomas-Epsley__Anton_-_Web_Decision.pdf- ./Thomas-Epsley__Anton_-_Web_Decision.pdf- d. asked Young Person A if they would like to lie down on the bed. ./Thomas-Epsley__Anton_-_Web_Decision.pdf- ./Thomas-Epsley__Anton_-_Web_Decision.pdf: 3. His conduct in respect of allegations 1 and/or 2 was sexually motivated. ./Thomas-Epsley__Anton_-_Web_Decision.pdf- ./Thomas-Epsley__Anton_-_Web_Decision.pdf-In the course of the hearing, Mr Thomas-Epsley admitted the factual particulars of ./Thomas-Epsley__Anton_-_Web_Decision.pdf-allegations 1(a) to 1(c), 2(a) to 2(c) and he does not admit allegation 2d and 3. Mr ./Thomas-Epsley__Anton_-_Web_Decision.pdf-Thomas-Epsley does not admit that his conduct amounts to unacceptable professional ./Thomas-Epsley__Anton_-_Web_Decision.pdf-conduct and/or conduct that may bring the profession into disrepute. This case is ./Thomas-Epsley__Anton_-_Web_Decision.pdf-therefore proceeding as a disputed case. ./Thomas-Epsley__Anton_-_Web_Decision.pdf- ./Thomas-Epsley__Anton_-_Web_Decision.pdf- ./Thomas-Epsley__Anton_-_Web_Decision.pdf-C. Preliminary applications ./Thomas-Epsley__Anton_-_Web_Decision.pdf-Application for hearing to be heard in private -- ./Thomas-Epsley__Anton_-_Web_Decision.pdf-reasonable ground for the application, she did not oppose this application for the other ./Thomas-Epsley__Anton_-_Web_Decision.pdf-reasons outlined by the presenting officer. ./Thomas-Epsley__Anton_-_Web_Decision.pdf- ./Thomas-Epsley__Anton_-_Web_Decision.pdf-The panel has considered paragraph 4.71 of the Procedures, which states that a panel ./Thomas-Epsley__Anton_-_Web_Decision.pdf-will only decide that a child will give evidence if it decides, after considering ./Thomas-Epsley__Anton_-_Web_Decision.pdf-representations on behalf of the teacher and the presenting officer, that the welfare of the ./Thomas-Epsley__Anton_-_Web_Decision.pdf-child will not be prejudiced. Paragraph 4.71 further states that a panel will treat any ./Thomas-Epsley__Anton_-_Web_Decision.pdf-person as a child where they are under the age of 18 at the start of the hearing. ./Thomas-Epsley__Anton_-_Web_Decision.pdf- ./Thomas-Epsley__Anton_-_Web_Decision.pdf-In accordance with paragraph 4.71 special measures may be adopted in circumstances ./Thomas-Epsley__Anton_-_Web_Decision.pdf:including in particular where the allegation against a teacher is of a sexual nature and the ./Thomas-Epsley__Anton_-_Web_Decision.pdf-witness was the alleged victim. ./Thomas-Epsley__Anton_-_Web_Decision.pdf- ./Thomas-Epsley__Anton_-_Web_Decision.pdf-The panel was surprised that an application for special measures had not been made at ./Thomas-Epsley__Anton_-_Web_Decision.pdf-an earlier stage of these proceedings as is permitted by the Procedures. However, the ./Thomas-Epsley__Anton_-_Web_Decision.pdf-panel was sympathetic to Young Person A’s concern over giving oral evidence. The ./Thomas-Epsley__Anton_-_Web_Decision.pdf-panel noted that no evidence has been provided that suggests that the welfare of Young ./Thomas-Epsley__Anton_-_Web_Decision.pdf-Person A will be prejudiced by her giving evidence and the panel is content for her to ./Thomas-Epsley__Anton_-_Web_Decision.pdf-give evidence at the hearing. Young Person A is to be treated as a child witness as she ./Thomas-Epsley__Anton_-_Web_Decision.pdf-is aged under 18, and the panel is satisfied that the quality of her evidence is likely to be ./Thomas-Epsley__Anton_-_Web_Decision.pdf:adversely affected given that allegation 3 is of a sexual nature and Young Person A was ./Thomas-Epsley__Anton_-_Web_Decision.pdf-the alleged victim. ./Thomas-Epsley__Anton_-_Web_Decision.pdf- ./Thomas-Epsley__Anton_-_Web_Decision.pdf-The panel has considered its obligation to ensure that Mr Thomas-Epsley is not put at an ./Thomas-Epsley__Anton_-_Web_Decision.pdf-unfair disadvantage, balanced against its duty in the public interest to investigate the ./Thomas-Epsley__Anton_-_Web_Decision.pdf-allegations in so far as it is possible to do so consistent with fairness to Mr Thomas- ./Thomas-Epsley__Anton_-_Web_Decision.pdf-Epsley. The panel has taken into account that there may be subtleties of tone or body ./Thomas-Epsley__Anton_-_Web_Decision.pdf-language that might be lost if Young Person A gives evidence from behind a screen or if ./Thomas-Epsley__Anton_-_Web_Decision.pdf-Mr Thomas-Epsley is screened off so that Young Person A could not see him. However, ./Thomas-Epsley__Anton_-_Web_Decision.pdf-the panel is satisfied that such factors could be taken into account by the panel when ./Thomas-Epsley__Anton_-_Web_Decision.pdf-assessing the weight it attributes to such evidence. If Mr Thomas-Epsley sits behind a -- ./Thomas-Epsley__Anton_-_Web_Decision.pdf-of probabilities, as there was insufficient evidence to suggest that it was more likely than ./Thomas-Epsley__Anton_-_Web_Decision.pdf-not that Mr Thomas-Epsley told Young Person A to lie down “on the bed” as per the ./Thomas-Epsley__Anton_-_Web_Decision.pdf-wording of allegation 2(d). ./Thomas-Epsley__Anton_-_Web_Decision.pdf- ./Thomas-Epsley__Anton_-_Web_Decision.pdf-The panel therefore finds this allegation not proven. ./Thomas-Epsley__Anton_-_Web_Decision.pdf- ./Thomas-Epsley__Anton_-_Web_Decision.pdf: 3. Your conduct in respect of allegations 1 and/or 2 was sexually motivated. ./Thomas-Epsley__Anton_-_Web_Decision.pdf- ./Thomas-Epsley__Anton_-_Web_Decision.pdf-The legal advisor advised the panel to ask itself firstly whether reasonable persons would ./Thomas-Epsley__Anton_-_Web_Decision.pdf:think the words/actions found proven could be sexual (the objective test). If so, the panel ./Thomas-Epsley__Anton_-_Web_Decision.pdf-should go on to ask itself secondly whether in all the circumstances of the conduct in the ./Thomas-Epsley__Anton_-_Web_Decision.pdf:case, whether Mr Thomas-Epsley’s purpose of such words/actions was sexual (the ./Thomas-Epsley__Anton_-_Web_Decision.pdf-subjective test). ./Thomas-Epsley__Anton_-_Web_Decision.pdf-Mr Thomas-Epsley does not admit this allegation. Mr Thomas-Epsley denies there was ./Thomas-Epsley__Anton_-_Web_Decision.pdf:any sexual motivation in his behaviour towards Young Person A or to any other young ./Thomas-Epsley__Anton_-_Web_Decision.pdf-person in his care. It was submitted that the nature of the text and twitter messages ./Thomas-Epsley__Anton_-_Web_Decision.pdf-between Young Person A and Mr Thomas-Epsley clearly indicates that they shared jokes ./Thomas-Epsley__Anton_-_Web_Decision.pdf-and had “banter”. ./Thomas-Epsley__Anton_-_Web_Decision.pdf-In her witness statement, Young Person A stated that Mr Thomas-Epsley would regularly ./Thomas-Epsley__Anton_-_Web_Decision.pdf-tell her she was, “beautiful”, however she admitted under cross examination that he only ./Thomas-Epsley__Anton_-_Web_Decision.pdf-said this once in a message to counter a suggestion made by a third party that Young ./Thomas-Epsley__Anton_-_Web_Decision.pdf-Person A was ugly. Young Person A’s further oral evidence was that Mr Thomas-Epsley ./Thomas-Epsley__Anton_-_Web_Decision.pdf-did regularly tell her she was, “lovely”, but she considered this was a reference to her ./Thomas-Epsley__Anton_-_Web_Decision.pdf-being a nice person. Mr Thomas-Epsley’s oral evidence is that he was commenting on ./Thomas-Epsley__Anton_-_Web_Decision.pdf-Young Person A’s being a lovely person and this is how he speaks. -- ./Thomas-Epsley__Anton_-_Web_Decision.pdf-under cross examination that in this text exchange Mr Thomas-Epsley did not say that he ./Thomas-Epsley__Anton_-_Web_Decision.pdf-did not like Young Person G or that Young Person A should not date him but that she ./Thomas-Epsley__Anton_-_Web_Decision.pdf-should “…just be careful”. Mr Thomas-Epsley’s oral evidence was that Young Person G ./Thomas-Epsley__Anton_-_Web_Decision.pdf-was a lovely person but he thought Young Person A should be careful as he may have ./Thomas-Epsley__Anton_-_Web_Decision.pdf-been involved with other girls in Young Person A’s social group. ./Thomas-Epsley__Anton_-_Web_Decision.pdf- ./Thomas-Epsley__Anton_-_Web_Decision.pdf-Young Person A’s further oral evidence was that both at the time and to date she did not ./Thomas-Epsley__Anton_-_Web_Decision.pdf:believe that Mr Thomas-Epsley was sexually interested in her. The presenting officer ./Thomas-Epsley__Anton_-_Web_Decision.pdf-invited the panel to discount Young Person A’s view that neither Mr Thomas-Epsley’s ./Thomas-Epsley__Anton_-_Web_Decision.pdf:behaviour nor any of the messages sent by him were sexually motivated. Mr Thomas- ./Thomas-Epsley__Anton_-_Web_Decision.pdf-Epsley’s representative opposed this. ./Thomas-Epsley__Anton_-_Web_Decision.pdf- ./Thomas-Epsley__Anton_-_Web_Decision.pdf-In both his oral evidence and written representations, Mr Thomas-Epsley stated that his ./Thomas-Epsley__Anton_-_Web_Decision.pdf-behaviour towards Young Person A was simply to encourage her to play handball. ./Thomas-Epsley__Anton_-_Web_Decision.pdf- ./Thomas-Epsley__Anton_-_Web_Decision.pdf-The panel considered that a reasonable person would consider that the purpose behind ./Thomas-Epsley__Anton_-_Web_Decision.pdf-the messages sent by Mr Thomas-Epsley and his behaviour towards Young Person A on ./Thomas-Epsley__Anton_-_Web_Decision.pdf:the Malta trip could be sexual. The reasonable person, for example, would not be aware ./Thomas-Epsley__Anton_-_Web_Decision.pdf-that a ‘hug’ is a manoeuvre in handball and would have assumed the hugs discussed ./Thomas-Epsley__Anton_-_Web_Decision.pdf-related to personal hugs between Young Person A and Mr Thomas-Epsley, and that Mr ./Thomas-Epsley__Anton_-_Web_Decision.pdf:Thomas-Epsley spent time alone in his room with Young Person A due to sexual ./Thomas-Epsley__Anton_-_Web_Decision.pdf-motivation. Therefore, the objective test was met. ./Thomas-Epsley__Anton_-_Web_Decision.pdf- ./Thomas-Epsley__Anton_-_Web_Decision.pdf-However, the panel were not satisfied that the subjective test was met on the balance of ./Thomas-Epsley__Anton_-_Web_Decision.pdf-probabilities. It was not clear that Mr Thomas-Epsley’s motivation in terms of his ./Thomas-Epsley__Anton_-_Web_Decision.pdf:behaviour and communication was sexual. The panel considered Mr Thomas-Epsley ./Thomas-Epsley__Anton_-_Web_Decision.pdf-clearly wished to maintain a close friendly relationship with the players in his Handball ./Thomas-Epsley__Anton_-_Web_Decision.pdf-Club to encourage and support them. However, the panel were not convinced that it was ./Thomas-Epsley__Anton_-_Web_Decision.pdf:more likely than not that Mr Thomas-Epsley behaved inappropriately as a result of sexual ./Thomas-Epsley__Anton_-_Web_Decision.pdf-motivation. ./Thomas-Epsley__Anton_-_Web_Decision.pdf- ./Thomas-Epsley__Anton_-_Web_Decision.pdf-As the subjective test was not met, the panel find this allegation not proven. ./Thomas-Epsley__Anton_-_Web_Decision.pdf- ./Thomas-Epsley__Anton_-_Web_Decision.pdf-Findings as to unacceptable professional conduct and/or conduct that ./Thomas-Epsley__Anton_-_Web_Decision.pdf-may bring the profession into disrepute ./Thomas-Epsley__Anton_-_Web_Decision.pdf-Having found allegations 1(a) to 1(c) and 2(a) to 2(c) to have been proven, the panel has ./Thomas-Epsley__Anton_-_Web_Decision.pdf-gone on to consider whether the facts of those proven allegations amount to ./Thomas-Epsley__Anton_-_Web_Decision.pdf-unacceptable professional conduct and/or conduct that may bring the profession into ./Thomas-Epsley__Anton_-_Web_Decision.pdf-disrepute. ./Thorndyke_Rory_SoS_Decision_REDACTED.pdf-Allegations ./Thorndyke_Rory_SoS_Decision_REDACTED.pdf-The panel considered the allegations set out in the notice of meeting dated 28 October ./Thorndyke_Rory_SoS_Decision_REDACTED.pdf-2022. ./Thorndyke_Rory_SoS_Decision_REDACTED.pdf- ./Thorndyke_Rory_SoS_Decision_REDACTED.pdf-It was alleged that Mr Thorndyke was guilty of having been convicted of a relevant ./Thorndyke_Rory_SoS_Decision_REDACTED.pdf-offence, in that he was convicted at Snaresbrook Crown Court of the following relevant ./Thorndyke_Rory_SoS_Decision_REDACTED.pdf-offences: ./Thorndyke_Rory_SoS_Decision_REDACTED.pdf- ./Thorndyke_Rory_SoS_Decision_REDACTED.pdf:1) Two counts of offender 18 or over engage in non-penetrative sexual activity with girl ./Thorndyke_Rory_SoS_Decision_REDACTED.pdf: 13 to 15, contrary to the sexual offences Act 2003; ./Thorndyke_Rory_SoS_Decision_REDACTED.pdf- ./Thorndyke_Rory_SoS_Decision_REDACTED.pdf:2) Two counts of offender 18 or over engage in penetrative sexual activity with a girl 13 ./Thorndyke_Rory_SoS_Decision_REDACTED.pdf: to 15, contrary to the sexual offences Act 2003; ./Thorndyke_Rory_SoS_Decision_REDACTED.pdf- ./Thorndyke_Rory_SoS_Decision_REDACTED.pdf:3) Four counts of adult abuse of position of trust - sexual activity with a girl 13-17 cared ./Thorndyke_Rory_SoS_Decision_REDACTED.pdf- for in section 21 premises, contrary to the Sexual Offences Act 2003; and ./Thorndyke_Rory_SoS_Decision_REDACTED.pdf- ./Thorndyke_Rory_SoS_Decision_REDACTED.pdf-4) Two counts of possess an indecent photograph / pseudo-photograph of a child. ./Thorndyke_Rory_SoS_Decision_REDACTED.pdf- ./Thorndyke_Rory_SoS_Decision_REDACTED.pdf-Mr Thorndyke admitted the facts of allegations 1, 2, 3 and 4 and that his behaviour ./Thorndyke_Rory_SoS_Decision_REDACTED.pdf-amounted to a conviction of a relevant offence falling short of the standards of behaviour ./Thorndyke_Rory_SoS_Decision_REDACTED.pdf-expected of a teacher, as set out in the statement of agreed facts signed by Mr ./Thorndyke_Rory_SoS_Decision_REDACTED.pdf-Thorndyke on 12 June 2022. ./Thorndyke_Rory_SoS_Decision_REDACTED.pdf- ./Thorndyke_Rory_SoS_Decision_REDACTED.pdf- -- ./Thorndyke_Rory_SoS_Decision_REDACTED.pdf-indefinitely, made subject to a Sexual Harm Prevention Order for 10 years, a Restraining ./Thorndyke_Rory_SoS_Decision_REDACTED.pdf-Order for 5 years and ordered to pay a £170 Victim Surcharge. ./Thorndyke_Rory_SoS_Decision_REDACTED.pdf- ./Thorndyke_Rory_SoS_Decision_REDACTED.pdf-Findings of fact ./Thorndyke_Rory_SoS_Decision_REDACTED.pdf- ./Thorndyke_Rory_SoS_Decision_REDACTED.pdf-The findings of fact are as follows: ./Thorndyke_Rory_SoS_Decision_REDACTED.pdf- ./Thorndyke_Rory_SoS_Decision_REDACTED.pdf-The panel found the following particulars of the allegations against you proved, for these ./Thorndyke_Rory_SoS_Decision_REDACTED.pdf-reasons: ./Thorndyke_Rory_SoS_Decision_REDACTED.pdf- ./Thorndyke_Rory_SoS_Decision_REDACTED.pdf:1) Two counts of offender 18 or over engage in non-penetrative sexual activity with ./Thorndyke_Rory_SoS_Decision_REDACTED.pdf: girl 13 to 15, contrary to the sexual offences Act 2003; ./Thorndyke_Rory_SoS_Decision_REDACTED.pdf- ./Thorndyke_Rory_SoS_Decision_REDACTED.pdf:2) Two counts of offender 18 or over engage in penetrative sexual activity with a ./Thorndyke_Rory_SoS_Decision_REDACTED.pdf: girl 13 to 15, contrary to the sexual offences Act 2003; ./Thorndyke_Rory_SoS_Decision_REDACTED.pdf- ./Thorndyke_Rory_SoS_Decision_REDACTED.pdf:3) Four counts of adult abuse of position of trust - sexual activity with a girl 13-17 ./Thorndyke_Rory_SoS_Decision_REDACTED.pdf- cared for in section 21 premises, contrary to the Sexual Offences Act 2003; and ./Thorndyke_Rory_SoS_Decision_REDACTED.pdf- ./Thorndyke_Rory_SoS_Decision_REDACTED.pdf-4) Two counts of possess an indecent photograph / pseudo-photograph of a child. ./Thorndyke_Rory_SoS_Decision_REDACTED.pdf- ./Thorndyke_Rory_SoS_Decision_REDACTED.pdf-The panel considered the statement of agreed facts signed by Mr Thorndyke on 12 June ./Thorndyke_Rory_SoS_Decision_REDACTED.pdf-2022. In that statement of agreed facts, Mr Thorndyke admitted the particulars of ./Thorndyke_Rory_SoS_Decision_REDACTED.pdf-allegations 1, 2, 3 and 4. Further, it was admitted the facts of the allegations amounted to ./Thorndyke_Rory_SoS_Decision_REDACTED.pdf-a conviction of a relevant offence. ./Thorndyke_Rory_SoS_Decision_REDACTED.pdf- ./Thorndyke_Rory_SoS_Decision_REDACTED.pdf-The panel noted page 8 of the Teacher misconduct: The prohibition of teachers (‘the ./Thorndyke_Rory_SoS_Decision_REDACTED.pdf-Advice’) which states that where there has been a conviction at any time, of a criminal ./Thorndyke_Rory_SoS_Decision_REDACTED.pdf-offence, the panel will accept the certificate of conviction as conclusive proof of both the ./Thorndyke_Rory_SoS_Decision_REDACTED.pdf-conviction and the facts necessarily implied by the conviction, unless exceptional ./Thorndyke_Rory_SoS_Decision_REDACTED.pdf-circumstances apply. The panel did not find that any exceptional circumstances applied ./Thorndyke_Rory_SoS_Decision_REDACTED.pdf-in this case. ./Thorndyke_Rory_SoS_Decision_REDACTED.pdf- ./Thorndyke_Rory_SoS_Decision_REDACTED.pdf-The panel had been provided with a copy of the certificate of conviction from ./Thorndyke_Rory_SoS_Decision_REDACTED.pdf-Snaresbrook Crown Court, which detailed that Mr Thorndyke had been convicted of 10 ./Thorndyke_Rory_SoS_Decision_REDACTED.pdf-offences relating to his conduct with Pupil A. This included: ./Thorndyke_Rory_SoS_Decision_REDACTED.pdf- ./Thorndyke_Rory_SoS_Decision_REDACTED.pdf: • Two counts of offender 18 or over engage in non-penetrative sexual activity with ./Thorndyke_Rory_SoS_Decision_REDACTED.pdf- girl 13 to 15, contrary to the Sexual Offences Act 2003; ./Thorndyke_Rory_SoS_Decision_REDACTED.pdf- ./Thorndyke_Rory_SoS_Decision_REDACTED.pdf: • Two counts of offender 18 or over engage in penetrative sexual activity with a girl ./Thorndyke_Rory_SoS_Decision_REDACTED.pdf- 13 to 15, contrary to the Sexual Offences Act 2003; ./Thorndyke_Rory_SoS_Decision_REDACTED.pdf- ./Thorndyke_Rory_SoS_Decision_REDACTED.pdf: • Four counts of adult abuse of position of trust – sexual activity with a girl 13-17 ./Thorndyke_Rory_SoS_Decision_REDACTED.pdf- cared for in section 21 premises, contrary to the Sexual Offences Act 2003; and ./Thorndyke_Rory_SoS_Decision_REDACTED.pdf- ./Thorndyke_Rory_SoS_Decision_REDACTED.pdf- • Two counts of possess an indecent photograph / pseudo-photograph of a child. ./Thorndyke_Rory_SoS_Decision_REDACTED.pdf- ./Thorndyke_Rory_SoS_Decision_REDACTED.pdf- 6 ./Thorndyke_Rory_SoS_Decision_REDACTED.pdf- -- ./Thorndyke_Rory_SoS_Decision_REDACTED.pdf-of Pupil A but also Pupil A’s family, elements of grooming and the forming of an ./Thorndyke_Rory_SoS_Decision_REDACTED.pdf:inappropriate sexual relationship with a child, the panel were in no doubt that Mr ./Thorndyke_Rory_SoS_Decision_REDACTED.pdf-Thorndyke’s conduct was highly relevant to his profession as a teacher and to teaching, ./Thorndyke_Rory_SoS_Decision_REDACTED.pdf-working with children and/or working in an education setting. ./Thorndyke_Rory_SoS_Decision_REDACTED.pdf- ./Thorndyke_Rory_SoS_Decision_REDACTED.pdf-The panel noted that the behaviour involved in committing the offences could have had ./Thorndyke_Rory_SoS_Decision_REDACTED.pdf-an impact on the safety or security of pupils and/or members of the public. The panel ./Thorndyke_Rory_SoS_Decision_REDACTED.pdf-considered the impact and risk to safety and security to be greater in Mr Thorndyke’s ./Thorndyke_Rory_SoS_Decision_REDACTED.pdf-case given he was a music teacher as this role relied upon him being in close proximity ./Thorndyke_Rory_SoS_Decision_REDACTED.pdf-with pupils often on a one to one basis. ./Thorndyke_Rory_SoS_Decision_REDACTED.pdf- ./Thorndyke_Rory_SoS_Decision_REDACTED.pdf-The panel were particularly concerned that Mr Thorndyke had not heeded several ./Thorndyke_Rory_SoS_Decision_REDACTED.pdf-warnings he had been given about his behaviour. The panel noted that not only did his ./Thorndyke_Rory_SoS_Decision_REDACTED.pdf-conduct continue following the receipt of these warnings, it escalated to include more ./Thorndyke_Rory_SoS_Decision_REDACTED.pdf:serious and penetrative sexual activity with Pupil A together with acts of dishonesty and ./Thorndyke_Rory_SoS_Decision_REDACTED.pdf-concealment. ./Thorndyke_Rory_SoS_Decision_REDACTED.pdf- ./Thorndyke_Rory_SoS_Decision_REDACTED.pdf-The panel also took account of the way the teaching profession is viewed by others. The ./Thorndyke_Rory_SoS_Decision_REDACTED.pdf-panel considered that Mr Thorndyke’s behaviour in committing the offences could affect ./Thorndyke_Rory_SoS_Decision_REDACTED.pdf-public confidence in the teaching profession, given the influence that teachers may have ./Thorndyke_Rory_SoS_Decision_REDACTED.pdf-on pupils, parents and others in the community. ./Thorndyke_Rory_SoS_Decision_REDACTED.pdf- ./Thorndyke_Rory_SoS_Decision_REDACTED.pdf-The panel noted that Mr Thorndyke’s behaviour ultimately led to a sentence of ./Thorndyke_Rory_SoS_Decision_REDACTED.pdf-imprisonment of significant length. This was indicative of the seriousness of the offences ./Thorndyke_Rory_SoS_Decision_REDACTED.pdf-committed. ./Thorndyke_Rory_SoS_Decision_REDACTED.pdf- ./Thorndyke_Rory_SoS_Decision_REDACTED.pdf-The panel regarded this case as extremely serious given that it involved multiple offences ./Thorndyke_Rory_SoS_Decision_REDACTED.pdf:of sexual activity; sexual communication with a child; and any activity involving viewing, ./Thorndyke_Rory_SoS_Decision_REDACTED.pdf-taking, making, possessing, distributing or publishing any indecent photograph or image ./Thorndyke_Rory_SoS_Decision_REDACTED.pdf-or indecent pseudo photograph or image of a child, or permitting any such activity, ./Thorndyke_Rory_SoS_Decision_REDACTED.pdf-including one-off incidents, which the Advice states are more likely to be considered ./Thorndyke_Rory_SoS_Decision_REDACTED.pdf-relevant offences. ./Thorndyke_Rory_SoS_Decision_REDACTED.pdf- ./Thorndyke_Rory_SoS_Decision_REDACTED.pdf-The panel also found that the seriousness of the offending behaviour that led to the ./Thorndyke_Rory_SoS_Decision_REDACTED.pdf-conviction was relevant to Mr Thorndyke’s ongoing suitability to teach. The panel ./Thorndyke_Rory_SoS_Decision_REDACTED.pdf-considered that a finding that these convictions were for relevant offences was necessary ./Thorndyke_Rory_SoS_Decision_REDACTED.pdf-to reaffirm clear standards of conduct so as to maintain public confidence in the teaching ./Thorndyke_Rory_SoS_Decision_REDACTED.pdf-profession. -- ./Thorndyke_Rory_SoS_Decision_REDACTED.pdf-orders should not be given in order to be punitive, or to show that blame has been ./Thorndyke_Rory_SoS_Decision_REDACTED.pdf-apportioned, although they are likely to have punitive effect. ./Thorndyke_Rory_SoS_Decision_REDACTED.pdf- ./Thorndyke_Rory_SoS_Decision_REDACTED.pdf-The panel had regard to the particular public interest considerations set out in the Advice ./Thorndyke_Rory_SoS_Decision_REDACTED.pdf-and, having done so, found a number of them to be relevant in this case, namely: the ./Thorndyke_Rory_SoS_Decision_REDACTED.pdf-safeguarding and wellbeing of pupils and the protection of other members of the public; ./Thorndyke_Rory_SoS_Decision_REDACTED.pdf-the maintenance of public confidence in the profession; and declaring and upholding ./Thorndyke_Rory_SoS_Decision_REDACTED.pdf-proper standards of conduct. ./Thorndyke_Rory_SoS_Decision_REDACTED.pdf- ./Thorndyke_Rory_SoS_Decision_REDACTED.pdf-In the light of the panel’s findings against Mr Thorndyke, which consisted of convictions ./Thorndyke_Rory_SoS_Decision_REDACTED.pdf:for 10 offences relating to his conduct with Pupil A, involving penetrative sexual activity ./Thorndyke_Rory_SoS_Decision_REDACTED.pdf-with a girl 13 to 15, adult abuse of a position of trust and possessing an indecent ./Thorndyke_Rory_SoS_Decision_REDACTED.pdf-photograph / pseudo photograph of a child, there was an exceptionally strong public ./Thorndyke_Rory_SoS_Decision_REDACTED.pdf-interest consideration in respect of the protection of pupils. ./Thorndyke_Rory_SoS_Decision_REDACTED.pdf- ./Thorndyke_Rory_SoS_Decision_REDACTED.pdf-Similarly, the panel considered that public confidence in the profession could be seriously ./Thorndyke_Rory_SoS_Decision_REDACTED.pdf-weakened if conduct such as that found against Mr Thorndyke was not treated with the ./Thorndyke_Rory_SoS_Decision_REDACTED.pdf-utmost seriousness when regulating the conduct of the profession. ./Thorndyke_Rory_SoS_Decision_REDACTED.pdf- ./Thorndyke_Rory_SoS_Decision_REDACTED.pdf-The panel decided that a strong public interest consideration in declaring proper ./Thorndyke_Rory_SoS_Decision_REDACTED.pdf-standards of conduct in the profession was also present as the conduct found against Mr -- ./Thorndyke_Rory_SoS_Decision_REDACTED.pdf- • the commission of a serious criminal offence, including those that resulted in a ./Thorndyke_Rory_SoS_Decision_REDACTED.pdf- conviction or caution, paying particular attention to offences that are ‘relevant ./Thorndyke_Rory_SoS_Decision_REDACTED.pdf- matters’ for the purposes of The Police Act 1997 and criminal record disclosures; ./Thorndyke_Rory_SoS_Decision_REDACTED.pdf- ./Thorndyke_Rory_SoS_Decision_REDACTED.pdf- • misconduct seriously affecting the education and/or well-being of pupils, and ./Thorndyke_Rory_SoS_Decision_REDACTED.pdf- particularly where there is a continuing risk; ./Thorndyke_Rory_SoS_Decision_REDACTED.pdf- ./Thorndyke_Rory_SoS_Decision_REDACTED.pdf- • abuse of position or trust (particularly involving pupils); ./Thorndyke_Rory_SoS_Decision_REDACTED.pdf- ./Thorndyke_Rory_SoS_Decision_REDACTED.pdf- • any abuse of any trust, knowledge or influence gained through their professional ./Thorndyke_Rory_SoS_Decision_REDACTED.pdf: position in order to advance a romantic or sexual relationship with a pupil or former ./Thorndyke_Rory_SoS_Decision_REDACTED.pdf- pupil; ./Thorndyke_Rory_SoS_Decision_REDACTED.pdf- ./Thorndyke_Rory_SoS_Decision_REDACTED.pdf: • sexual misconduct, for example, involving actions that were sexually motivated or ./Thorndyke_Rory_SoS_Decision_REDACTED.pdf: of a sexual nature and/or that use or exploit the trust, knowledge or influence ./Thorndyke_Rory_SoS_Decision_REDACTED.pdf- derived from the individual’s professional position; ./Thorndyke_Rory_SoS_Decision_REDACTED.pdf- ./Thorndyke_Rory_SoS_Decision_REDACTED.pdf- • any activity involving viewing, taking, making, possessing, distributing or ./Thorndyke_Rory_SoS_Decision_REDACTED.pdf- publishing any indecent photograph or image or pseudo photograph or image of a ./Thorndyke_Rory_SoS_Decision_REDACTED.pdf- child, or permitting such activity, including one-off incidents; ./Thorndyke_Rory_SoS_Decision_REDACTED.pdf- ./Thorndyke_Rory_SoS_Decision_REDACTED.pdf- • failure in their duty of care towards a child, including exposing a child to risk or ./Thorndyke_Rory_SoS_Decision_REDACTED.pdf- failing to promote the safety and welfare of the children (as set out in Part 1 of ./Thorndyke_Rory_SoS_Decision_REDACTED.pdf- KCSIE); ./Thorndyke_Rory_SoS_Decision_REDACTED.pdf- -- ./Thorndyke_Rory_SoS_Decision_REDACTED.pdf- • dishonesty or a lack of integrity, including the deliberate concealment of their ./Thorndyke_Rory_SoS_Decision_REDACTED.pdf- actions, especially where these behaviours have been repeated or had serious ./Thorndyke_Rory_SoS_Decision_REDACTED.pdf- consequences. ./Thorndyke_Rory_SoS_Decision_REDACTED.pdf- ./Thorndyke_Rory_SoS_Decision_REDACTED.pdf-Even though some of the behaviour found proved in this case indicated that a prohibition ./Thorndyke_Rory_SoS_Decision_REDACTED.pdf-order would be appropriate, the panel went on to consider the mitigating factors. ./Thorndyke_Rory_SoS_Decision_REDACTED.pdf-Mitigating factors may indicate that a prohibition order would not be appropriate or ./Thorndyke_Rory_SoS_Decision_REDACTED.pdf-proportionate. ./Thorndyke_Rory_SoS_Decision_REDACTED.pdf- ./Thorndyke_Rory_SoS_Decision_REDACTED.pdf-The panel were in no doubt that Mr Thorndyke’s actions had been deliberate, calculated ./Thorndyke_Rory_SoS_Decision_REDACTED.pdf:and sexually motivated. There was no evidence presented to suggest that Mr Thorndyke ./Thorndyke_Rory_SoS_Decision_REDACTED.pdf-was acting under extreme duress. ./Thorndyke_Rory_SoS_Decision_REDACTED.pdf- ./Thorndyke_Rory_SoS_Decision_REDACTED.pdf-No evidence was submitted to attest to Mr Thorndyke’s previous history or ability as a ./Thorndyke_Rory_SoS_Decision_REDACTED.pdf-teacher. Nor was any evidence submitted to demonstrate that Mr Thorndyke had ./Thorndyke_Rory_SoS_Decision_REDACTED.pdf- ./Thorndyke_Rory_SoS_Decision_REDACTED.pdf- ./Thorndyke_Rory_SoS_Decision_REDACTED.pdf- ./Thorndyke_Rory_SoS_Decision_REDACTED.pdf- 10 ./Thorndyke_Rory_SoS_Decision_REDACTED.pdf- -- ./Thorndyke_Rory_SoS_Decision_REDACTED.pdf-made by the panel would be sufficient. ./Thorndyke_Rory_SoS_Decision_REDACTED.pdf- ./Thorndyke_Rory_SoS_Decision_REDACTED.pdf-The panel was of the view that, applying the standard of the ordinary intelligent citizen, it ./Thorndyke_Rory_SoS_Decision_REDACTED.pdf-would not be a proportionate and appropriate response to recommend no prohibition ./Thorndyke_Rory_SoS_Decision_REDACTED.pdf-order. Recommending that the publication of adverse findings was sufficient would ./Thorndyke_Rory_SoS_Decision_REDACTED.pdf-unacceptably compromise the public interest considerations present in this case, despite ./Thorndyke_Rory_SoS_Decision_REDACTED.pdf-the severity of the consequences for Mr Thorndyke of prohibition. ./Thorndyke_Rory_SoS_Decision_REDACTED.pdf- ./Thorndyke_Rory_SoS_Decision_REDACTED.pdf-The panel was of the view that prohibition was both proportionate and appropriate. The ./Thorndyke_Rory_SoS_Decision_REDACTED.pdf-panel decided that the public interest considerations outweighed the interests of Mr ./Thorndyke_Rory_SoS_Decision_REDACTED.pdf:Thorndyke. The extremely grave nature of the multiple sexual offences committed, all ./Thorndyke_Rory_SoS_Decision_REDACTED.pdf-involving a pupil who he taught, were significant factors in forming that opinion. ./Thorndyke_Rory_SoS_Decision_REDACTED.pdf-Accordingly, the panel made a recommendation to the Secretary of State that a ./Thorndyke_Rory_SoS_Decision_REDACTED.pdf-prohibition order should be imposed with immediate effect. ./Thorndyke_Rory_SoS_Decision_REDACTED.pdf- ./Thorndyke_Rory_SoS_Decision_REDACTED.pdf-The panel went on to consider whether or not it would be appropriate to recommend that ./Thorndyke_Rory_SoS_Decision_REDACTED.pdf-a review period of the order should be considered. The panel was mindful that the Advice ./Thorndyke_Rory_SoS_Decision_REDACTED.pdf-states that a prohibition order applies for life, but there may be circumstances, in any ./Thorndyke_Rory_SoS_Decision_REDACTED.pdf-given case, that may make it appropriate to allow a teacher to apply to have the ./Thorndyke_Rory_SoS_Decision_REDACTED.pdf-prohibition order reviewed after a specified period of time that may not be less than two ./Thorndyke_Rory_SoS_Decision_REDACTED.pdf-years. -- ./Thorndyke_Rory_SoS_Decision_REDACTED.pdf-The Advice indicates that there are behaviours that, if proved, would militate against the ./Thorndyke_Rory_SoS_Decision_REDACTED.pdf-recommendation of a review period. The behaviours the panel found relevant to Mr ./Thorndyke_Rory_SoS_Decision_REDACTED.pdf-Thorndyke were: ./Thorndyke_Rory_SoS_Decision_REDACTED.pdf- ./Thorndyke_Rory_SoS_Decision_REDACTED.pdf: • serious sexual misconduct, such as where the act was sexually motivated and ./Thorndyke_Rory_SoS_Decision_REDACTED.pdf- resulted in, or had the potential to result in, harm to a person or persons, ./Thorndyke_Rory_SoS_Decision_REDACTED.pdf- particularly where the individual has used his professional position to influence or ./Thorndyke_Rory_SoS_Decision_REDACTED.pdf- exploit a person or persons; ./Thorndyke_Rory_SoS_Decision_REDACTED.pdf: • any sexual misconduct involving a child; and ./Thorndyke_Rory_SoS_Decision_REDACTED.pdf- • any activity involving viewing, taking, making, possessing, distributing or ./Thorndyke_Rory_SoS_Decision_REDACTED.pdf- publishing any indecent photograph or image or indecent pseudo photograph or ./Thorndyke_Rory_SoS_Decision_REDACTED.pdf- image of a child. ./Thorndyke_Rory_SoS_Decision_REDACTED.pdf- ./Thorndyke_Rory_SoS_Decision_REDACTED.pdf-The panel was in no doubt that Mr Thorndyke’s misconduct was of the most serious kind ./Thorndyke_Rory_SoS_Decision_REDACTED.pdf-and wholly incompatible with being a teacher. This was supported by Mr Thorndyke ./Thorndyke_Rory_SoS_Decision_REDACTED.pdf-receiving a prison sentence of 54 months, being placed on the Sex Offender’s Register ./Thorndyke_Rory_SoS_Decision_REDACTED.pdf-indefinitely and being made subject to a Sexual Harm Prevention Order for 10 years and ./Thorndyke_Rory_SoS_Decision_REDACTED.pdf-a Restraining Order for 5 years. ./Thorndyke_Rory_SoS_Decision_REDACTED.pdf- -- ./Thorndyke_Rory_SoS_Decision_REDACTED.pdf- ./Thorndyke_Rory_SoS_Decision_REDACTED.pdf- • Teachers must have an understanding of, and always act within, the statutory ./Thorndyke_Rory_SoS_Decision_REDACTED.pdf- frameworks which set out their professional duties and responsibilities. ./Thorndyke_Rory_SoS_Decision_REDACTED.pdf- ./Thorndyke_Rory_SoS_Decision_REDACTED.pdf-The panel also states that it, “considered Mr Thorndyke’s conduct to be of the utmost ./Thorndyke_Rory_SoS_Decision_REDACTED.pdf-seriousness and extremely grave. His behaviour was completely incompatible with the ./Thorndyke_Rory_SoS_Decision_REDACTED.pdf-standards and behaviour expected of any member of the public, let alone a teacher who ./Thorndyke_Rory_SoS_Decision_REDACTED.pdf-is placed in the position of trust with children.” ./Thorndyke_Rory_SoS_Decision_REDACTED.pdf- ./Thorndyke_Rory_SoS_Decision_REDACTED.pdf-The findings of misconduct are particularly serious as they include findings of penetrative ./Thorndyke_Rory_SoS_Decision_REDACTED.pdf:sexual activity with children and possession of indecent images of children. ./Thorndyke_Rory_SoS_Decision_REDACTED.pdf- ./Thorndyke_Rory_SoS_Decision_REDACTED.pdf-I have to determine whether the imposition of a prohibition order is proportionate and in ./Thorndyke_Rory_SoS_Decision_REDACTED.pdf-the public interest. In considering that for this case, I have considered the overall aim of a ./Thorndyke_Rory_SoS_Decision_REDACTED.pdf-prohibition order which is to protect pupils and to maintain public confidence in the ./Thorndyke_Rory_SoS_Decision_REDACTED.pdf-profession. I have considered the extent to which a prohibition order in this case would ./Thorndyke_Rory_SoS_Decision_REDACTED.pdf-achieve that aim taking into account the impact that it will have on the individual teacher. ./Thorndyke_Rory_SoS_Decision_REDACTED.pdf-I have also asked myself, whether a less intrusive measure, such as the published ./Thorndyke_Rory_SoS_Decision_REDACTED.pdf-finding of unacceptable professional conduct and conduct that may bring the profession ./Thorndyke_Rory_SoS_Decision_REDACTED.pdf-into disrepute, would itself be sufficient to achieve the overall aim. I have to consider ./Thorndyke_Rory_SoS_Decision_REDACTED.pdf-whether the consequences of such a publication are themselves sufficient. I have ./Thorndyke_Rory_SoS_Decision_REDACTED.pdf-considered therefore whether or not prohibiting Mr Thorndyke, and the impact that will ./Thorndyke_Rory_SoS_Decision_REDACTED.pdf-have on the teacher, is proportionate and in the public interest. ./Thorndyke_Rory_SoS_Decision_REDACTED.pdf- ./Thorndyke_Rory_SoS_Decision_REDACTED.pdf-In this case, I have considered the extent to which a prohibition order would protect ./Thorndyke_Rory_SoS_Decision_REDACTED.pdf-children and safeguard pupils. The panel has observed, “The panel noted that whilst ./Thorndyke_Rory_SoS_Decision_REDACTED.pdf-much of Mr Thorndyke’s conduct took place outside of the education setting, all of his ./Thorndyke_Rory_SoS_Decision_REDACTED.pdf-behaviour involved Pupil A, who was one of his pupils. Given the severity of his actions, ./Thorndyke_Rory_SoS_Decision_REDACTED.pdf-which included breach of a position of trust not only in respect of Pupil A but also Pupil ./Thorndyke_Rory_SoS_Decision_REDACTED.pdf:A’s family, elements of grooming and the forming of an inappropriate sexual relationship ./Thorndyke_Rory_SoS_Decision_REDACTED.pdf-with a child, the panel were in no doubt that Mr Thorndyke’s conduct was highly relevant ./Thorndyke_Rory_SoS_Decision_REDACTED.pdf-to his profession as a teacher and to teaching, working with children and/or working in an ./Thorndyke_Rory_SoS_Decision_REDACTED.pdf-education setting.” A prohibition order would therefore prevent such a risk from being ./Thorndyke_Rory_SoS_Decision_REDACTED.pdf-present in the future. ./Thorndyke_Rory_SoS_Decision_REDACTED.pdf- ./Thorndyke_Rory_SoS_Decision_REDACTED.pdf- ./Thorndyke_Rory_SoS_Decision_REDACTED.pdf- 13 ./Thorndyke_Rory_SoS_Decision_REDACTED.pdf- -- ./Thorndyke_Rory_SoS_Decision_REDACTED.pdf-repetition of this behaviour and this puts at risk the future wellbeing of pupils. I have ./Thorndyke_Rory_SoS_Decision_REDACTED.pdf-therefore given this element considerable weight in reaching my decision. ./Thorndyke_Rory_SoS_Decision_REDACTED.pdf- ./Thorndyke_Rory_SoS_Decision_REDACTED.pdf-I have gone on to consider the extent to which a prohibition order would maintain public ./Thorndyke_Rory_SoS_Decision_REDACTED.pdf-confidence in the profession. The panel observe, “The panel also took account of the way ./Thorndyke_Rory_SoS_Decision_REDACTED.pdf-the teaching profession is viewed by others. The panel considered that Mr Thorndyke’s ./Thorndyke_Rory_SoS_Decision_REDACTED.pdf-behaviour in committing the offences could affect public confidence in the teaching ./Thorndyke_Rory_SoS_Decision_REDACTED.pdf-profession, given the influence that teachers may have on pupils, parents and others in ./Thorndyke_Rory_SoS_Decision_REDACTED.pdf-the community.” ./Thorndyke_Rory_SoS_Decision_REDACTED.pdf- ./Thorndyke_Rory_SoS_Decision_REDACTED.pdf:I am particularly mindful of the serious sexual elements in this case and the impact that ./Thorndyke_Rory_SoS_Decision_REDACTED.pdf-such a finding has on the reputation of the profession. ./Thorndyke_Rory_SoS_Decision_REDACTED.pdf- ./Thorndyke_Rory_SoS_Decision_REDACTED.pdf-I have had to consider that the public has a high expectation of professional standards of ./Thorndyke_Rory_SoS_Decision_REDACTED.pdf-all teachers and that the public might regard a failure to impose a prohibition order as a ./Thorndyke_Rory_SoS_Decision_REDACTED.pdf-failure to uphold those high standards. In weighing these considerations, I have had to ./Thorndyke_Rory_SoS_Decision_REDACTED.pdf-consider the matter from the point of view of an “ordinary intelligent and well-informed ./Thorndyke_Rory_SoS_Decision_REDACTED.pdf-citizen.” ./Thorndyke_Rory_SoS_Decision_REDACTED.pdf- ./Thorndyke_Rory_SoS_Decision_REDACTED.pdf-I have considered whether the publication of a finding of unacceptable professional ./Thorndyke_Rory_SoS_Decision_REDACTED.pdf-conduct, in the absence of a prohibition order, can itself be regarded by such a person as -- ./Thorndyke_Rory_SoS_Decision_REDACTED.pdf-Thorndyke had achieved exceptionally high standards in both his personal and ./Thorndyke_Rory_SoS_Decision_REDACTED.pdf-professional conduct or had contributed significantly to the education sector.” ./Thorndyke_Rory_SoS_Decision_REDACTED.pdf- ./Thorndyke_Rory_SoS_Decision_REDACTED.pdf-A prohibition order would prevent Mr Thorndyke from teaching and would also clearly ./Thorndyke_Rory_SoS_Decision_REDACTED.pdf-deprive the public of his contribution to the profession for the period that it is in force. ./Thorndyke_Rory_SoS_Decision_REDACTED.pdf- ./Thorndyke_Rory_SoS_Decision_REDACTED.pdf-In this case, I have placed considerable weight on the panel’s comments, “The extremely ./Thorndyke_Rory_SoS_Decision_REDACTED.pdf:grave nature of the multiple sexual offences committed, all involving a pupil who he ./Thorndyke_Rory_SoS_Decision_REDACTED.pdf-taught, were significant factors in forming that opinion. Accordingly, the panel made a ./Thorndyke_Rory_SoS_Decision_REDACTED.pdf-recommendation to the Secretary of State that a prohibition order should be imposed with ./Thorndyke_Rory_SoS_Decision_REDACTED.pdf-immediate effect.” ./Thorndyke_Rory_SoS_Decision_REDACTED.pdf- ./Thorndyke_Rory_SoS_Decision_REDACTED.pdf-I have given less weight in my consideration of sanction therefore, to the contribution that ./Thorndyke_Rory_SoS_Decision_REDACTED.pdf-Mr Thorndyke has made to the profession. In my view, it is necessary to impose a ./Thorndyke_Rory_SoS_Decision_REDACTED.pdf-prohibition order in order to maintain public confidence in the profession. A published ./Thorndyke_Rory_SoS_Decision_REDACTED.pdf-decision, in light of the circumstances in this case, that is not backed up by full remorse ./Thorndyke_Rory_SoS_Decision_REDACTED.pdf-or insight, does not in my view satisfy the public interest requirement concerning public ./Thorndyke_Rory_SoS_Decision_REDACTED.pdf-confidence in the profession. -- ./Thorndyke_Rory_SoS_Decision_REDACTED.pdf-For these reasons, I have concluded that a prohibition order is proportionate and in the ./Thorndyke_Rory_SoS_Decision_REDACTED.pdf-public interest in order to achieve the intended aims of a prohibition order. ./Thorndyke_Rory_SoS_Decision_REDACTED.pdf- ./Thorndyke_Rory_SoS_Decision_REDACTED.pdf-I have gone on to consider the matter of a review period. In this case, the panel has ./Thorndyke_Rory_SoS_Decision_REDACTED.pdf-recommended that no provision should be made for a review period. ./Thorndyke_Rory_SoS_Decision_REDACTED.pdf- ./Thorndyke_Rory_SoS_Decision_REDACTED.pdf-I have considered the panel’s comments “The Advice indicates that there are behaviours ./Thorndyke_Rory_SoS_Decision_REDACTED.pdf-that, if proved, would militate against the recommendation of a review period. The ./Thorndyke_Rory_SoS_Decision_REDACTED.pdf-behaviours the panel found relevant to Mr Thorndyke were: ./Thorndyke_Rory_SoS_Decision_REDACTED.pdf- ./Thorndyke_Rory_SoS_Decision_REDACTED.pdf: • serious sexual misconduct, such as where the act was sexually motivated and ./Thorndyke_Rory_SoS_Decision_REDACTED.pdf- resulted in, or had the potential to result in, harm to a person or persons, ./Thorndyke_Rory_SoS_Decision_REDACTED.pdf- particularly where the individual has used his professional position to influence or ./Thorndyke_Rory_SoS_Decision_REDACTED.pdf- exploit a person or persons; ./Thorndyke_Rory_SoS_Decision_REDACTED.pdf: • any sexual misconduct involving a child; and ./Thorndyke_Rory_SoS_Decision_REDACTED.pdf- • any activity involving viewing, taking, making, possessing, distributing or ./Thorndyke_Rory_SoS_Decision_REDACTED.pdf- publishing any indecent photograph or image or indecent pseudo photograph or ./Thorndyke_Rory_SoS_Decision_REDACTED.pdf- image of a child. ./Thorndyke_Rory_SoS_Decision_REDACTED.pdf- ./Thorndyke_Rory_SoS_Decision_REDACTED.pdf-The panel was in no doubt that Mr Thorndyke’s misconduct was of the most serious kind ./Thorndyke_Rory_SoS_Decision_REDACTED.pdf-and wholly incompatible with being a teacher. This was supported by Mr Thorndyke ./Thorndyke_Rory_SoS_Decision_REDACTED.pdf-receiving a prison sentence of 54 months, being placed on the Sex Offender’s Register ./Thorndyke_Rory_SoS_Decision_REDACTED.pdf-indefinitely and being made subject to a Sexual Harm Prevention Order for 10 years and ./Thorndyke_Rory_SoS_Decision_REDACTED.pdf-a Restraining Order for 5 years. ./Thorndyke_Rory_SoS_Decision_REDACTED.pdf- ./Timothy_Howard__14727__-_SoS_WEB_Decision3.pdf-5. He sent Pupil A an email to her personal email address on one or more occasions. ./Timothy_Howard__14727__-_SoS_WEB_Decision3.pdf- ./Timothy_Howard__14727__-_SoS_WEB_Decision3.pdf-6. The email/emails which he sent were: ./Timothy_Howard__14727__-_SoS_WEB_Decision3.pdf- ./Timothy_Howard__14727__-_SoS_WEB_Decision3.pdf- (a) inappropriate; ./Timothy_Howard__14727__-_SoS_WEB_Decision3.pdf- ./Timothy_Howard__14727__-_SoS_WEB_Decision3.pdf- (b) flirtatious. ./Timothy_Howard__14727__-_SoS_WEB_Decision3.pdf- ./Timothy_Howard__14727__-_SoS_WEB_Decision3.pdf-7. He met with Pupil A outside of school on one or more occasions. ./Timothy_Howard__14727__-_SoS_WEB_Decision3.pdf- ./Timothy_Howard__14727__-_SoS_WEB_Decision3.pdf:8. His conduct in relation to one or more of 1 to 7 above was sexually motivated. ./Timothy_Howard__14727__-_SoS_WEB_Decision3.pdf- ./Timothy_Howard__14727__-_SoS_WEB_Decision3.pdf- ./Timothy_Howard__14727__-_SoS_WEB_Decision3.pdf-C. Preliminary applications ./Timothy_Howard__14727__-_SoS_WEB_Decision3.pdf-Application to proceed in the absence of the teacher ./Timothy_Howard__14727__-_SoS_WEB_Decision3.pdf-The presenting officer applied to proceed with the hearing in the absence of Mr Howard. ./Timothy_Howard__14727__-_SoS_WEB_Decision3.pdf-After hearing submissions from the presenting officer and receiving legal advice, the ./Timothy_Howard__14727__-_SoS_WEB_Decision3.pdf-Chair announced the decision of the panel as follows: ./Timothy_Howard__14727__-_SoS_WEB_Decision3.pdf- ./Timothy_Howard__14727__-_SoS_WEB_Decision3.pdf-The panel has decided to proceed with the hearing in the absence of Mr Howard for the ./Timothy_Howard__14727__-_SoS_WEB_Decision3.pdf-following reasons: -- ./Timothy_Howard__14727__-_SoS_WEB_Decision3.pdf- ./Timothy_Howard__14727__-_SoS_WEB_Decision3.pdf-The panel finds allegation 5 proved. ./Timothy_Howard__14727__-_SoS_WEB_Decision3.pdf- ./Timothy_Howard__14727__-_SoS_WEB_Decision3.pdf-6. The email/emails which you sent were: ./Timothy_Howard__14727__-_SoS_WEB_Decision3.pdf- ./Timothy_Howard__14727__-_SoS_WEB_Decision3.pdf- (a) inappropriate; ./Timothy_Howard__14727__-_SoS_WEB_Decision3.pdf- ./Timothy_Howard__14727__-_SoS_WEB_Decision3.pdf- (b) flirtatious. ./Timothy_Howard__14727__-_SoS_WEB_Decision3.pdf- ./Timothy_Howard__14727__-_SoS_WEB_Decision3.pdf-Mr Howard has admitted in the statement of agreed facts that communications were ./Timothy_Howard__14727__-_SoS_WEB_Decision3.pdf:'informal, flirtatious, cheeky', but has also asserted that these were 'never sexual'. ./Timothy_Howard__14727__-_SoS_WEB_Decision3.pdf- ./Timothy_Howard__14727__-_SoS_WEB_Decision3.pdf-The panel is satisfied that some of the emails sent by Mr Howard were inappropriate ./Timothy_Howard__14727__-_SoS_WEB_Decision3.pdf-either by reason of the time at which the emails were sent or the content. As to timing, a ./Timothy_Howard__14727__-_SoS_WEB_Decision3.pdf-number of the emails to Pupil A were sent late at night or at a weekend. In the panel's ./Timothy_Howard__14727__-_SoS_WEB_Decision3.pdf-view, the extracts from emails to Pupil A as referred to in relation to allegation 3 above, ./Timothy_Howard__14727__-_SoS_WEB_Decision3.pdf-were inappropriate. ./Timothy_Howard__14727__-_SoS_WEB_Decision3.pdf- ./Timothy_Howard__14727__-_SoS_WEB_Decision3.pdf-The panel is also satisfied that the following are examples of extracts to Pupil A with ./Timothy_Howard__14727__-_SoS_WEB_Decision3.pdf-flirtatious content'. ./Timothy_Howard__14727__-_SoS_WEB_Decision3.pdf- -- ./Timothy_Howard__14727__-_SoS_WEB_Decision3.pdf- ./Timothy_Howard__14727__-_SoS_WEB_Decision3.pdf-  On 12 April 2014 he wrote, 'It will be lovely to pop into the café to see you, ./Timothy_Howard__14727__-_SoS_WEB_Decision3.pdf- although your bosses must be beginning to wonder what is happening! ./Timothy_Howard__14727__-_SoS_WEB_Decision3.pdf- They must think I'm a stalker'. ./Timothy_Howard__14727__-_SoS_WEB_Decision3.pdf- ./Timothy_Howard__14727__-_SoS_WEB_Decision3.pdf-The panel is satisfied, on the balance of probabilities, that Mr Howard did meet with Pupil ./Timothy_Howard__14727__-_SoS_WEB_Decision3.pdf-A outside of the college on one or more occasions by prior arrangement. ./Timothy_Howard__14727__-_SoS_WEB_Decision3.pdf- ./Timothy_Howard__14727__-_SoS_WEB_Decision3.pdf-The panel finds allegation 7 proved. ./Timothy_Howard__14727__-_SoS_WEB_Decision3.pdf- ./Timothy_Howard__14727__-_SoS_WEB_Decision3.pdf:8. Your conduct in relation to one or more of 1 to 7 above was sexually ./Timothy_Howard__14727__-_SoS_WEB_Decision3.pdf- motivated. ./Timothy_Howard__14727__-_SoS_WEB_Decision3.pdf- ./Timothy_Howard__14727__-_SoS_WEB_Decision3.pdf:The panel considered whether the actions found proved in 1 to 7 were sexually ./Timothy_Howard__14727__-_SoS_WEB_Decision3.pdf-motivated. In doing so, the panel considered whether Mr Howard's proven actions were ./Timothy_Howard__14727__-_SoS_WEB_Decision3.pdf:for the purpose of his achieving some form of sexual gratification. ./Timothy_Howard__14727__-_SoS_WEB_Decision3.pdf- ./Timothy_Howard__14727__-_SoS_WEB_Decision3.pdf-The panel noted that Mr Howard denies this alllegation. ./Timothy_Howard__14727__-_SoS_WEB_Decision3.pdf- ./Timothy_Howard__14727__-_SoS_WEB_Decision3.pdf-Although some of the actions referred to in allegations 1 to 7 related to pupils other than ./Timothy_Howard__14727__-_SoS_WEB_Decision3.pdf-Pupil A, the panel is not satisfied that the proven actions in relation to other pupils were ./Timothy_Howard__14727__-_SoS_WEB_Decision3.pdf:for the purpose of sexual gratification. However, in relation to Pupil A, the panel ./Timothy_Howard__14727__-_SoS_WEB_Decision3.pdf-considered that there came a point in time at which, by his own admission, Mr Howard ./Timothy_Howard__14727__-_SoS_WEB_Decision3.pdf-became emotionally involved. The panel noted several examples of email ./Timothy_Howard__14727__-_SoS_WEB_Decision3.pdf-communications from Mr Howard to Pupil A. Mr Howard refers to his feelings for Pupil A ./Timothy_Howard__14727__-_SoS_WEB_Decision3.pdf-in a way that the Panel concluded indicates that his actions, at least in part, amounted to ./Timothy_Howard__14727__-_SoS_WEB_Decision3.pdf:his achieving some form of sexual gratification. ./Timothy_Howard__14727__-_SoS_WEB_Decision3.pdf- ./Timothy_Howard__14727__-_SoS_WEB_Decision3.pdf-In this respect, the panel refers to the following emails, in addition to those mentioned in ./Timothy_Howard__14727__-_SoS_WEB_Decision3.pdf-relation to allegation 3: ./Timothy_Howard__14727__-_SoS_WEB_Decision3.pdf- ./Timothy_Howard__14727__-_SoS_WEB_Decision3.pdf-  'You make me smile. And I'm still glowing from your lovely card.' ./Timothy_Howard__14727__-_SoS_WEB_Decision3.pdf- ./Timothy_Howard__14727__-_SoS_WEB_Decision3.pdf- ./Timothy_Howard__14727__-_SoS_WEB_Decision3.pdf- 14 ./Timothy_Howard__14727__-_SoS_WEB_Decision3.pdf- -- ./Timothy_Howard__14727__-_SoS_WEB_Decision3.pdf-  'Over the summer we had grown so much closer and I had convinced ./Timothy_Howard__14727__-_SoS_WEB_Decision3.pdf- myself that I had become Charlie Big Balls in the world of Kooks.' ./Timothy_Howard__14727__-_SoS_WEB_Decision3.pdf- ./Timothy_Howard__14727__-_SoS_WEB_Decision3.pdf-  'this crazy lovesick teacher feels that he must visit just to make sure she is ./Timothy_Howard__14727__-_SoS_WEB_Decision3.pdf- going to be ok.' ./Timothy_Howard__14727__-_SoS_WEB_Decision3.pdf- ./Timothy_Howard__14727__-_SoS_WEB_Decision3.pdf-The panel is satisfied that the conduct of Mr Howard in allegations 1 to 7, insofar as it ./Timothy_Howard__14727__-_SoS_WEB_Decision3.pdf:relates to Pupil A, was sexually motivated. ./Timothy_Howard__14727__-_SoS_WEB_Decision3.pdf- ./Timothy_Howard__14727__-_SoS_WEB_Decision3.pdf-Findings as to unacceptable professional conduct and/or conduct that ./Timothy_Howard__14727__-_SoS_WEB_Decision3.pdf-may bring the profession into disrepute ./Timothy_Howard__14727__-_SoS_WEB_Decision3.pdf-Having found allegations 1 to 8 to have been proven, the panel has gone on to consider ./Timothy_Howard__14727__-_SoS_WEB_Decision3.pdf-whether the facts of those proven allegations amount to unacceptable professional ./Timothy_Howard__14727__-_SoS_WEB_Decision3.pdf-conduct and/or conduct that may bring the profession into disrepute. ./Timothy_Howard__14727__-_SoS_WEB_Decision3.pdf- ./Timothy_Howard__14727__-_SoS_WEB_Decision3.pdf-In doing so, the panel has had regard to the document Teacher Misconduct: The ./Timothy_Howard__14727__-_SoS_WEB_Decision3.pdf-Prohibition of Teachers, which the panel refers to as “the Advice”. ./Timothy_Howard__14727__-_SoS_WEB_Decision3.pdf- -- ./Timothy_Howard__14727__-_SoS_WEB_Decision3.pdf-measure, and whether it is in the public interest to do so. Prohibition orders should not be ./Timothy_Howard__14727__-_SoS_WEB_Decision3.pdf-given in order to be punitive, or to show that blame has been apportioned, although they ./Timothy_Howard__14727__-_SoS_WEB_Decision3.pdf-are likely to have punitive effect. ./Timothy_Howard__14727__-_SoS_WEB_Decision3.pdf- ./Timothy_Howard__14727__-_SoS_WEB_Decision3.pdf-The panel has considered the particular public interest considerations set out in the ./Timothy_Howard__14727__-_SoS_WEB_Decision3.pdf-Advice and having done so has found a number of them to be relevant in this case, ./Timothy_Howard__14727__-_SoS_WEB_Decision3.pdf-namely: the protection of pupils, the maintenance of public confidence in the profession ./Timothy_Howard__14727__-_SoS_WEB_Decision3.pdf-and declaring and upholding proper standards of conduct. ./Timothy_Howard__14727__-_SoS_WEB_Decision3.pdf- ./Timothy_Howard__14727__-_SoS_WEB_Decision3.pdf-In light of the panel’s findings against Mr Howard, which included engaging in an ./Timothy_Howard__14727__-_SoS_WEB_Decision3.pdf:inappropriate relationship and conduct that was sexually motivated in relation to one ./Timothy_Howard__14727__-_SoS_WEB_Decision3.pdf-pupil, there is a strong public interest consideration in respect of the protection of pupils. ./Timothy_Howard__14727__-_SoS_WEB_Decision3.pdf- ./Timothy_Howard__14727__-_SoS_WEB_Decision3.pdf-Similarly, the panel considers that public confidence in the profession could be seriously ./Timothy_Howard__14727__-_SoS_WEB_Decision3.pdf-weakened if conduct such as that found against Mr Howard were not treated with the ./Timothy_Howard__14727__-_SoS_WEB_Decision3.pdf-utmost seriousness when regulating the conduct of the profession. ./Timothy_Howard__14727__-_SoS_WEB_Decision3.pdf- ./Timothy_Howard__14727__-_SoS_WEB_Decision3.pdf-The panel considered that a strong public interest consideration in declaring proper ./Timothy_Howard__14727__-_SoS_WEB_Decision3.pdf-standards of conduct in the profession was also present as the conduct found against Mr ./Timothy_Howard__14727__-_SoS_WEB_Decision3.pdf-Howard was outside that which could reasonably be tolerated. ./Timothy_Howard__14727__-_SoS_WEB_Decision3.pdf- -- ./Timothy_Howard__14727__-_SoS_WEB_Decision3.pdf-Howard. The panel took further account of the Advice, which suggests that a prohibition ./Timothy_Howard__14727__-_SoS_WEB_Decision3.pdf-order may be appropriate if certain behaviours of a teacher have been proven. In the list ./Timothy_Howard__14727__-_SoS_WEB_Decision3.pdf-of such behaviours, those that are relevant in this case are: ./Timothy_Howard__14727__-_SoS_WEB_Decision3.pdf- ./Timothy_Howard__14727__-_SoS_WEB_Decision3.pdf-  serious departure from the personal and professional conduct elements of the ./Timothy_Howard__14727__-_SoS_WEB_Decision3.pdf- Teachers’ Standards; ./Timothy_Howard__14727__-_SoS_WEB_Decision3.pdf-  abuse of position of trust (particularly involving vulnerable pupils); ./Timothy_Howard__14727__-_SoS_WEB_Decision3.pdf:  sexual misconduct. Although there is no evidence that the relationship with Pupil A ./Timothy_Howard__14727__-_SoS_WEB_Decision3.pdf- was a physical one, the panel has found that the conduct of Mr Howard in relation ./Timothy_Howard__14727__-_SoS_WEB_Decision3.pdf: to Pupil A was sexually motivated. ./Timothy_Howard__14727__-_SoS_WEB_Decision3.pdf-Even though there were behaviours that would point to the appropriateness of a ./Timothy_Howard__14727__-_SoS_WEB_Decision3.pdf-prohibition order, the panel went on to consider whether or not there were sufficient ./Timothy_Howard__14727__-_SoS_WEB_Decision3.pdf-mitigating factors to militate against a prohibition order's being an appropriate and ./Timothy_Howard__14727__-_SoS_WEB_Decision3.pdf-proportionate measure to impose, particularly taking into account the nature and severity ./Timothy_Howard__14727__-_SoS_WEB_Decision3.pdf-of the behaviour in this case. ./Timothy_Howard__14727__-_SoS_WEB_Decision3.pdf- ./Timothy_Howard__14727__-_SoS_WEB_Decision3.pdf-The panel has taken into account the statements in support of Mr Howard by Pupil A and ./Timothy_Howard__14727__-_SoS_WEB_Decision3.pdf-her parents. Pupil A stated that she never became uncomfortable or felt that Mr Howard ./Timothy_Howard__14727__-_SoS_WEB_Decision3.pdf-was inappropriate towards her. Although the panel has concluded that Mr Howard's ./Timothy_Howard__14727__-_SoS_WEB_Decision3.pdf-conduct towards Pupil A was inappropriate, the panel accepts that there is no evidence -- ./Timothy_Howard__14727__-_SoS_WEB_Decision3.pdf-prohibition order should be imposed with immediate effect. ./Timothy_Howard__14727__-_SoS_WEB_Decision3.pdf- ./Timothy_Howard__14727__-_SoS_WEB_Decision3.pdf-The panel went on to consider whether or not it would be appropriate to recommend that ./Timothy_Howard__14727__-_SoS_WEB_Decision3.pdf-a review period of the order should be considered. The panel was mindful that the Advice ./Timothy_Howard__14727__-_SoS_WEB_Decision3.pdf-states that a prohibition order applies for life, but there may be circumstances in any ./Timothy_Howard__14727__-_SoS_WEB_Decision3.pdf-given case that may make it appropriate to allow a teacher to apply to have the ./Timothy_Howard__14727__-_SoS_WEB_Decision3.pdf-prohibition order reviewed after a specified period of time that may not be less than 2 ./Timothy_Howard__14727__-_SoS_WEB_Decision3.pdf-years. ./Timothy_Howard__14727__-_SoS_WEB_Decision3.pdf- ./Timothy_Howard__14727__-_SoS_WEB_Decision3.pdf-The Advice indicates that there are behaviours that, if proven, would militate against a ./Timothy_Howard__14727__-_SoS_WEB_Decision3.pdf:recommendation of a review period. These behaviours include serious sexual ./Timothy_Howard__14727__-_SoS_WEB_Decision3.pdf-misconduct. Although the panel has found that Mr Howard's conduct in relation to Pupil A ./Timothy_Howard__14727__-_SoS_WEB_Decision3.pdf:was sexually motivated, the panel concluded that Mr Howard's actions did not adversely ./Timothy_Howard__14727__-_SoS_WEB_Decision3.pdf-affect Pupil A's education or well-being. This is confirmed by the statements from Pupil A ./Timothy_Howard__14727__-_SoS_WEB_Decision3.pdf-and her parents in support of Mr Howard. Pupil A states, 'I have the utmost respect for Mr ./Timothy_Howard__14727__-_SoS_WEB_Decision3.pdf-Howard and to this day I have nothing but gratitude towards him, and cannot thank him ./Timothy_Howard__14727__-_SoS_WEB_Decision3.pdf-enough for everything he did for me in the two years I was a pupil in his care.' Pupil A ./Timothy_Howard__14727__-_SoS_WEB_Decision3.pdf-also stated, 'without his support, I would not have been able to carry on… instead I was ./Timothy_Howard__14727__-_SoS_WEB_Decision3.pdf-able to leave Suffolk One with four A levels a A* grade.' ./Timothy_Howard__14727__-_SoS_WEB_Decision3.pdf- ./Timothy_Howard__14727__-_SoS_WEB_Decision3.pdf-The panel felt that, in these exceptional circumstances, Mr Howard should have the ./Timothy_Howard__14727__-_SoS_WEB_Decision3.pdf-opportunity to apply to have the prohibition order reviewed after a period of two years. ./Timothy_Howard__14727__-_SoS_WEB_Decision3.pdf-This is the panel's recommendation. -- ./Timothy_Howard__14727__-_SoS_WEB_Decision3.pdf-  Teachers must have an understanding of, and always act within, the statutory ./Timothy_Howard__14727__-_SoS_WEB_Decision3.pdf- frameworks which set out their professional duties and responsibilities. ./Timothy_Howard__14727__-_SoS_WEB_Decision3.pdf-I have also noted that the panel took further account of the advice published by the ./Timothy_Howard__14727__-_SoS_WEB_Decision3.pdf-Secretary of State, which suggests that a prohibition order may be appropriate if certain ./Timothy_Howard__14727__-_SoS_WEB_Decision3.pdf-behaviours of a teacher have been proven. In the list of such behaviours, those that are ./Timothy_Howard__14727__-_SoS_WEB_Decision3.pdf-relevant in this case are: ./Timothy_Howard__14727__-_SoS_WEB_Decision3.pdf- ./Timothy_Howard__14727__-_SoS_WEB_Decision3.pdf-  serious departure from the personal and professional conduct elements of the ./Timothy_Howard__14727__-_SoS_WEB_Decision3.pdf- Teachers’ Standards; ./Timothy_Howard__14727__-_SoS_WEB_Decision3.pdf-  abuse of position of trust (particularly involving vulnerable pupils); ./Timothy_Howard__14727__-_SoS_WEB_Decision3.pdf:  sexual misconduct. Although there is no evidence that the relationship with Pupil A ./Timothy_Howard__14727__-_SoS_WEB_Decision3.pdf- was a physical one, the panel has found that the conduct of Mr Howard in relation ./Timothy_Howard__14727__-_SoS_WEB_Decision3.pdf: to Pupil A was sexually motivated. ./Timothy_Howard__14727__-_SoS_WEB_Decision3.pdf-I have taken into account the need to balance the interests of the teacher with the public ./Timothy_Howard__14727__-_SoS_WEB_Decision3.pdf-interest. I have also taken into account the need to be proportionate. I have read with ./Timothy_Howard__14727__-_SoS_WEB_Decision3.pdf-care the account of the mitigation that the panel has considered in this case. ./Timothy_Howard__14727__-_SoS_WEB_Decision3.pdf- ./Timothy_Howard__14727__-_SoS_WEB_Decision3.pdf-I support the recommendation of the panel for the reasons set out. In my view a ./Timothy_Howard__14727__-_SoS_WEB_Decision3.pdf-prohibition order is proportionate and in the public interest. ./Timothy_Howard__14727__-_SoS_WEB_Decision3.pdf- ./Timothy_Howard__14727__-_SoS_WEB_Decision3.pdf-I have gone on to consider the matter of a review period. For the reasons given I support ./Timothy_Howard__14727__-_SoS_WEB_Decision3.pdf-the recommendation of the panel. ./Timothy_Howard__14727__-_SoS_WEB_Decision3.pdf- ./Timothy_Ricahrd_Massey_Moore_Professional_conduct_panel_outcome.pdf- i) by putting your arm around her shoulders ./Timothy_Ricahrd_Massey_Moore_Professional_conduct_panel_outcome.pdf- ./Timothy_Ricahrd_Massey_Moore_Professional_conduct_panel_outcome.pdf- ii) by patting her in the area of her lower back ./Timothy_Ricahrd_Massey_Moore_Professional_conduct_panel_outcome.pdf- ./Timothy_Ricahrd_Massey_Moore_Professional_conduct_panel_outcome.pdf- (b) On or around 18 April 2018 with Pupil C by tickling her ./Timothy_Ricahrd_Massey_Moore_Professional_conduct_panel_outcome.pdf- ./Timothy_Ricahrd_Massey_Moore_Professional_conduct_panel_outcome.pdf- 3. By your conduct set out in all or any of the allegations contained in ./Timothy_Ricahrd_Massey_Moore_Professional_conduct_panel_outcome.pdf- paragraphs 1 and 2 above, you failed to observe a proper boundary ./Timothy_Ricahrd_Massey_Moore_Professional_conduct_panel_outcome.pdf- appropriate to a teacher’s professional position ./Timothy_Ricahrd_Massey_Moore_Professional_conduct_panel_outcome.pdf- ./Timothy_Ricahrd_Massey_Moore_Professional_conduct_panel_outcome.pdf: 4. your actions, as set out in all or any of these allegations above were sexually ./Timothy_Ricahrd_Massey_Moore_Professional_conduct_panel_outcome.pdf- motivated ./Timothy_Ricahrd_Massey_Moore_Professional_conduct_panel_outcome.pdf- ./Timothy_Ricahrd_Massey_Moore_Professional_conduct_panel_outcome.pdf-In the absence of and non-response from the teacher, refer to the allegations being taken ./Timothy_Ricahrd_Massey_Moore_Professional_conduct_panel_outcome.pdf-to have not been admitted. ./Timothy_Ricahrd_Massey_Moore_Professional_conduct_panel_outcome.pdf- ./Timothy_Ricahrd_Massey_Moore_Professional_conduct_panel_outcome.pdf- ./Timothy_Ricahrd_Massey_Moore_Professional_conduct_panel_outcome.pdf- ./Timothy_Ricahrd_Massey_Moore_Professional_conduct_panel_outcome.pdf- ./Timothy_Ricahrd_Massey_Moore_Professional_conduct_panel_outcome.pdf- 4 ./Timothy_Ricahrd_Massey_Moore_Professional_conduct_panel_outcome.pdf- -- ./Timothy_Ricahrd_Massey_Moore_Professional_conduct_panel_outcome.pdf-remained consistent over time and was repeated in a further statement she made to the ./Timothy_Ricahrd_Massey_Moore_Professional_conduct_panel_outcome.pdf-police. During the School’s first investigation, Mr Moore, when questioned in regard to ./Timothy_Ricahrd_Massey_Moore_Professional_conduct_panel_outcome.pdf-this comment, admitted, ‘I may have said something along those lines’. ./Timothy_Ricahrd_Massey_Moore_Professional_conduct_panel_outcome.pdf- ./Timothy_Ricahrd_Massey_Moore_Professional_conduct_panel_outcome.pdf-On the balance of probabilities, the panel found allegation 1a proven. ./Timothy_Ricahrd_Massey_Moore_Professional_conduct_panel_outcome.pdf- ./Timothy_Ricahrd_Massey_Moore_Professional_conduct_panel_outcome.pdf- b. “I would spank you but it would be a bit inappropriate” to Pupil A and/or ./Timothy_Ricahrd_Massey_Moore_Professional_conduct_panel_outcome.pdf- Pupil B ./Timothy_Ricahrd_Massey_Moore_Professional_conduct_panel_outcome.pdf- ./Timothy_Ricahrd_Massey_Moore_Professional_conduct_panel_outcome.pdf-The panel considered the evidence given by Pupil A in which she stated, ‘then he started ./Timothy_Ricahrd_Massey_Moore_Professional_conduct_panel_outcome.pdf:making really odd sexual innuendos (sic) like “I would spank you but it’d be a bit ./Timothy_Ricahrd_Massey_Moore_Professional_conduct_panel_outcome.pdf-inappropriate”’. This account of events was consistent with the evidence of a witness ./Timothy_Ricahrd_Massey_Moore_Professional_conduct_panel_outcome.pdf:statement given by Pupil B that, ‘he would make little sexual jokes towards me and Pupil ./Timothy_Ricahrd_Massey_Moore_Professional_conduct_panel_outcome.pdf-A and D’. She further added, ‘he also said that because we got lost to find (sic) the ./Timothy_Ricahrd_Massey_Moore_Professional_conduct_panel_outcome.pdf-chrome books that he’d spank us all, but that’d be inappropriate’. The panel noted that Mr ./Timothy_Ricahrd_Massey_Moore_Professional_conduct_panel_outcome.pdf- ./Timothy_Ricahrd_Massey_Moore_Professional_conduct_panel_outcome.pdf- ./Timothy_Ricahrd_Massey_Moore_Professional_conduct_panel_outcome.pdf- 7 ./Timothy_Ricahrd_Massey_Moore_Professional_conduct_panel_outcome.pdf- -- ./Timothy_Ricahrd_Massey_Moore_Professional_conduct_panel_outcome.pdf-Moore initially denied this allegation stating, ‘I would not say this’ and further confirmed ./Timothy_Ricahrd_Massey_Moore_Professional_conduct_panel_outcome.pdf-that he would not have used the word, ‘spank’. The panel turned its mind to the ./Timothy_Ricahrd_Massey_Moore_Professional_conduct_panel_outcome.pdf-Agreement between Mr Moore and the School, in which Mr Moore had accepted making ./Timothy_Ricahrd_Massey_Moore_Professional_conduct_panel_outcome.pdf:‘inappropriate comments, including some of a sexual nature towards students’. ./Timothy_Ricahrd_Massey_Moore_Professional_conduct_panel_outcome.pdf- ./Timothy_Ricahrd_Massey_Moore_Professional_conduct_panel_outcome.pdf-On balance, the panel preferred the evidence of Pupils A and B that inappropriate ./Timothy_Ricahrd_Massey_Moore_Professional_conduct_panel_outcome.pdf-remarks to that effect had been made and found allegation 1b proven. ./Timothy_Ricahrd_Massey_Moore_Professional_conduct_panel_outcome.pdf- ./Timothy_Ricahrd_Massey_Moore_Professional_conduct_panel_outcome.pdf- c. “I would love to be in a detention with you three alone” to Pupil B ./Timothy_Ricahrd_Massey_Moore_Professional_conduct_panel_outcome.pdf- ./Timothy_Ricahrd_Massey_Moore_Professional_conduct_panel_outcome.pdf-The panel noted some commonality with allegation d below. ./Timothy_Ricahrd_Massey_Moore_Professional_conduct_panel_outcome.pdf- ./Timothy_Ricahrd_Massey_Moore_Professional_conduct_panel_outcome.pdf-There was conflicting evidence in relation to this allegation. Mr Moore said during the first ./Timothy_Ricahrd_Massey_Moore_Professional_conduct_panel_outcome.pdf-investigation, when asked whether he had conversations with girls about detentions, ./Timothy_Ricahrd_Massey_Moore_Professional_conduct_panel_outcome.pdf-responded, ‘definitely no’. When questioned on whether he could have said the comment ./Timothy_Ricahrd_Massey_Moore_Professional_conduct_panel_outcome.pdf-in banter, he answered, ‘No. Creepy’. ./Timothy_Ricahrd_Massey_Moore_Professional_conduct_panel_outcome.pdf- ./Timothy_Ricahrd_Massey_Moore_Professional_conduct_panel_outcome.pdf-The panel preferred Pupil B’s evidence which stated, ‘He once said that he’d love to be in ./Timothy_Ricahrd_Massey_Moore_Professional_conduct_panel_outcome.pdf-a detention with us three alone’, as this was consistent with the later account that Pupil B ./Timothy_Ricahrd_Massey_Moore_Professional_conduct_panel_outcome.pdf-reported to the Police. The panel was additionally mindful of the Agreement between Mr ./Timothy_Ricahrd_Massey_Moore_Professional_conduct_panel_outcome.pdf:Moore and the School in which he admitted to making inappropriate sexual comments. ./Timothy_Ricahrd_Massey_Moore_Professional_conduct_panel_outcome.pdf- ./Timothy_Ricahrd_Massey_Moore_Professional_conduct_panel_outcome.pdf-On the balance of probabilities, the panel found allegation 1c proven. ./Timothy_Ricahrd_Massey_Moore_Professional_conduct_panel_outcome.pdf- ./Timothy_Ricahrd_Massey_Moore_Professional_conduct_panel_outcome.pdf- d. “You would love to be in a detention with me” to Pupil A ./Timothy_Ricahrd_Massey_Moore_Professional_conduct_panel_outcome.pdf- ./Timothy_Ricahrd_Massey_Moore_Professional_conduct_panel_outcome.pdf-The panel noted some commonality with allegation c above. ./Timothy_Ricahrd_Massey_Moore_Professional_conduct_panel_outcome.pdf- ./Timothy_Ricahrd_Massey_Moore_Professional_conduct_panel_outcome.pdf-The panel considered the evidence of Pupil A in which she stated that Mr Moore said to ./Timothy_Ricahrd_Massey_Moore_Professional_conduct_panel_outcome.pdf-her, ‘oh you’d love to be in detention with me’. Mr Moore’s evidence conflicted with the ./Timothy_Ricahrd_Massey_Moore_Professional_conduct_panel_outcome.pdf-evidence of Pupil B. When Mr Moore was asked if he had said ‘love to be in detention -- ./Timothy_Ricahrd_Massey_Moore_Professional_conduct_panel_outcome.pdf-The panel found the following allegation against you not proven for the following reasons: ./Timothy_Ricahrd_Massey_Moore_Professional_conduct_panel_outcome.pdf- ./Timothy_Ricahrd_Massey_Moore_Professional_conduct_panel_outcome.pdf: 4. your actions, as set out in all or any of these allegations above were sexually ./Timothy_Ricahrd_Massey_Moore_Professional_conduct_panel_outcome.pdf- motivated. ./Timothy_Ricahrd_Massey_Moore_Professional_conduct_panel_outcome.pdf- ./Timothy_Ricahrd_Massey_Moore_Professional_conduct_panel_outcome.pdf-At the outset, the panel recognised its duty to exercise due care and diligence in ./Timothy_Ricahrd_Massey_Moore_Professional_conduct_panel_outcome.pdf-considering this specific allegation due to its seriousness in nature. ./Timothy_Ricahrd_Massey_Moore_Professional_conduct_panel_outcome.pdf- ./Timothy_Ricahrd_Massey_Moore_Professional_conduct_panel_outcome.pdf-Having considered all of the evidence before it, the panel noted and accepted that some ./Timothy_Ricahrd_Massey_Moore_Professional_conduct_panel_outcome.pdf:of the comments made by Mr Moore evidently had a sexual element. The panel also ./Timothy_Ricahrd_Massey_Moore_Professional_conduct_panel_outcome.pdf-noted that Mr Moore had made physical contact with some students which had made ./Timothy_Ricahrd_Massey_Moore_Professional_conduct_panel_outcome.pdf-them feel uncomfortable. The panel also had regard to Pupil D’s evidence about being ./Timothy_Ricahrd_Massey_Moore_Professional_conduct_panel_outcome.pdf-tickled where she stated that she took, ‘the whole incident as a joke’ and that it, ‘did not ./Timothy_Ricahrd_Massey_Moore_Professional_conduct_panel_outcome.pdf-make her feel uncomfortable” and indeed did not report the incident herself. ./Timothy_Ricahrd_Massey_Moore_Professional_conduct_panel_outcome.pdf- ./Timothy_Ricahrd_Massey_Moore_Professional_conduct_panel_outcome.pdf-The panel heard oral evidence from the [REDACTED] that Mr Moore was tactile in his ./Timothy_Ricahrd_Massey_Moore_Professional_conduct_panel_outcome.pdf-nature and that he was a ‘flamboyant’ and an ‘eccentric character’. She further described ./Timothy_Ricahrd_Massey_Moore_Professional_conduct_panel_outcome.pdf-him as ‘old school’, a ‘gentleman’ and ‘chivalrous’. Being informed by this evidence, the ./Timothy_Ricahrd_Massey_Moore_Professional_conduct_panel_outcome.pdf-panel was of the opinion that whilst inappropriate and risqué comments had been made, ./Timothy_Ricahrd_Massey_Moore_Professional_conduct_panel_outcome.pdf-which crossed acceptable boundaries, these may have been attributable to Mr Moore’s ./Timothy_Ricahrd_Massey_Moore_Professional_conduct_panel_outcome.pdf:persona rather than being overt evidence of sexual motivation on his part. ./Timothy_Ricahrd_Massey_Moore_Professional_conduct_panel_outcome.pdf- ./Timothy_Ricahrd_Massey_Moore_Professional_conduct_panel_outcome.pdf-Having considered the evidence in its totality, the panel was not satisfied that Mr Moore’s ./Timothy_Ricahrd_Massey_Moore_Professional_conduct_panel_outcome.pdf:conduct and actions met the threshold to be properly described as being ‘sexually ./Timothy_Ricahrd_Massey_Moore_Professional_conduct_panel_outcome.pdf:motivated’. The panel found there to be no suggestion of sexually motivated forethought ./Timothy_Ricahrd_Massey_Moore_Professional_conduct_panel_outcome.pdf-or intent in Mr Moore’s inappropriate actions or words. In coming to this conclusion, the ./Timothy_Ricahrd_Massey_Moore_Professional_conduct_panel_outcome.pdf-panel had regard to (but was not bound by), the earlier decisions made by the police and ./Timothy_Ricahrd_Massey_Moore_Professional_conduct_panel_outcome.pdf-subsequently the Disclosure and Barring Service, not to pursue these incidents further. ./Timothy_Ricahrd_Massey_Moore_Professional_conduct_panel_outcome.pdf- ./Timothy_Ricahrd_Massey_Moore_Professional_conduct_panel_outcome.pdf:The panel concluded that whilst it was in no doubt there was a sexual element to some of ./Timothy_Ricahrd_Massey_Moore_Professional_conduct_panel_outcome.pdf-Mr Moore’s conduct, and this was inappropriate and unacceptable, on the balance of ./Timothy_Ricahrd_Massey_Moore_Professional_conduct_panel_outcome.pdf:probabilities, the panel found his conduct did not meet the threshold for sexual ./Timothy_Ricahrd_Massey_Moore_Professional_conduct_panel_outcome.pdf-motivation. ./Timothy_Ricahrd_Massey_Moore_Professional_conduct_panel_outcome.pdf- ./Timothy_Ricahrd_Massey_Moore_Professional_conduct_panel_outcome.pdf-The panel found allegation 4 unproven. ./Timothy_Ricahrd_Massey_Moore_Professional_conduct_panel_outcome.pdf- ./Timothy_Ricahrd_Massey_Moore_Professional_conduct_panel_outcome.pdf-Findings as to unacceptable professional conduct and/or conduct that ./Timothy_Ricahrd_Massey_Moore_Professional_conduct_panel_outcome.pdf-may bring the profession into disrepute ./Timothy_Ricahrd_Massey_Moore_Professional_conduct_panel_outcome.pdf-Having found a number of the allegations proven, the panel went on to consider whether ./Timothy_Ricahrd_Massey_Moore_Professional_conduct_panel_outcome.pdf-the facts of those proven allegations amounted to unacceptable professional conduct ./Timothy_Ricahrd_Massey_Moore_Professional_conduct_panel_outcome.pdf-and/or conduct that may bring the profession into disrepute. ./Timothy_Ricahrd_Massey_Moore_Professional_conduct_panel_outcome.pdf- -- ./Timothy_Ricahrd_Massey_Moore_Professional_conduct_panel_outcome.pdf- • abuse of position or trust; ./Timothy_Ricahrd_Massey_Moore_Professional_conduct_panel_outcome.pdf: • sexual misconduct, eg involving actions that were of a sexual nature; ./Timothy_Ricahrd_Massey_Moore_Professional_conduct_panel_outcome.pdf-The panel found that there were behaviours that would point to a prohibition order being ./Timothy_Ricahrd_Massey_Moore_Professional_conduct_panel_outcome.pdf-appropriate. The panel then went on to consider whether or not there were sufficient ./Timothy_Ricahrd_Massey_Moore_Professional_conduct_panel_outcome.pdf-mitigating factors to militate against a prohibition order being an appropriate and ./Timothy_Ricahrd_Massey_Moore_Professional_conduct_panel_outcome.pdf-proportionate measure. It took into account the nature and severity of the behaviour in ./Timothy_Ricahrd_Massey_Moore_Professional_conduct_panel_outcome.pdf-this case. The panel first considered whether it would be proportionate to conclude the ./Timothy_Ricahrd_Massey_Moore_Professional_conduct_panel_outcome.pdf-case without recommendation of prohibition, considering whether the publication of the ./Timothy_Ricahrd_Massey_Moore_Professional_conduct_panel_outcome.pdf-findings made by the panel would be sufficient. ./Timothy_Ricahrd_Massey_Moore_Professional_conduct_panel_outcome.pdf- ./Timothy_Ricahrd_Massey_Moore_Professional_conduct_panel_outcome.pdf-The panel noted that the [REDACTED] described Mr Moore as a teacher with 30 years’ ./Timothy_Ricahrd_Massey_Moore_Professional_conduct_panel_outcome.pdf-experience whose classroom teaching had raised no concerns during regular ./Timothy_Ricahrd_Massey_Moore_Professional_conduct_panel_outcome.pdf-performance management observations where he was judged a good teacher. ./Timothy_Ricahrd_Massey_Moore_Professional_conduct_panel_outcome.pdf- ./Timothy_Ricahrd_Massey_Moore_Professional_conduct_panel_outcome.pdf:The panel did not find evidence of sexual motivation on the part of Mr Moore and he ./Timothy_Ricahrd_Massey_Moore_Professional_conduct_panel_outcome.pdf-described himself as ‘mortified’ by some of the allegations. The panel accepted the ./Timothy_Ricahrd_Massey_Moore_Professional_conduct_panel_outcome.pdf-teacher’s evidence that his conduct was not deliberately done to harm pupils. The panel ./Timothy_Ricahrd_Massey_Moore_Professional_conduct_panel_outcome.pdf-was in no doubt that Mr Moore’s conduct demonstrated an unawareness of, or disregard ./Timothy_Ricahrd_Massey_Moore_Professional_conduct_panel_outcome.pdf-for, professional boundaries. An aggravating factor for the panel was that Mr Moore was ./Timothy_Ricahrd_Massey_Moore_Professional_conduct_panel_outcome.pdf-a teacher of many years’ experience as noted. ./Timothy_Ricahrd_Massey_Moore_Professional_conduct_panel_outcome.pdf- ./Timothy_Ricahrd_Massey_Moore_Professional_conduct_panel_outcome.pdf-There was no evidence to suggest that the teacher was acting under duress. ./Timothy_Ricahrd_Massey_Moore_Professional_conduct_panel_outcome.pdf- ./Timothy_Ricahrd_Massey_Moore_Professional_conduct_panel_outcome.pdf-The panel noted Mr Moore’s complete lack of engagement with the regulatory process. ./Timothy_Ricahrd_Massey_Moore_Professional_conduct_panel_outcome.pdf-The teacher chose to submit no documents whatsoever and chose not to attend the ./Tomsett_-_Web_Decision.pdf-The panel considered the allegations set out in the Notice of Proceedings dated 9 April ./Tomsett_-_Web_Decision.pdf-2018. ./Tomsett_-_Web_Decision.pdf- ./Tomsett_-_Web_Decision.pdf-It was alleged that Mr John Tomsett was guilty of unacceptable professional conduct ./Tomsett_-_Web_Decision.pdf-and/or conduct that may bring the profession into disrepute in that in or around 1990 to ./Tomsett_-_Web_Decision.pdf-1992 he: ./Tomsett_-_Web_Decision.pdf- ./Tomsett_-_Web_Decision.pdf- 1. whilst employed as a teacher at Eastbourne Sixth Form College failed to maintain ./Tomsett_-_Web_Decision.pdf- professional boundaries by engaging in an inappropriate relationship with Pupil A; ./Tomsett_-_Web_Decision.pdf- ./Tomsett_-_Web_Decision.pdf: 2. engaged in a sexual relationship with Pupil A, during the summer in which she ./Tomsett_-_Web_Decision.pdf- received her A level results. ./Tomsett_-_Web_Decision.pdf- ./Tomsett_-_Web_Decision.pdf- ./Tomsett_-_Web_Decision.pdf-C. Preliminary applications ./Tomsett_-_Web_Decision.pdf-There were seven applications in total; four preliminary applications and three during the ./Tomsett_-_Web_Decision.pdf-course of the hearing. ./Tomsett_-_Web_Decision.pdf- ./Tomsett_-_Web_Decision.pdf-The first application was made by the presenting officer. He requested that the panel ./Tomsett_-_Web_Decision.pdf-direct that Pupil A be treated as a vulnerable witness and be permitted to be screened ./Tomsett_-_Web_Decision.pdf-from Mr Tomsett when giving evidence. -- ./Tomsett_-_Web_Decision.pdf-2012), and their attachments, be included in the bundle. The second was during opening ./Tomsett_-_Web_Decision.pdf-statements and requested that a page of song lyrics also be included in the hearing ./Tomsett_-_Web_Decision.pdf-bundle. ./Tomsett_-_Web_Decision.pdf- ./Tomsett_-_Web_Decision.pdf-The presenting officer consented to both applications. ./Tomsett_-_Web_Decision.pdf- ./Tomsett_-_Web_Decision.pdf-The panel received legal advice from the legal adviser in relation to vulnerable witness ./Tomsett_-_Web_Decision.pdf-status and the special measures available to such witnesses. The panel considered the ./Tomsett_-_Web_Decision.pdf-advice and directed that Pupil A be treated as a vulnerable witness since the panel is ./Tomsett_-_Web_Decision.pdf-satisfied that the quality of her evidence is likely to be adversely affected given that the ./Tomsett_-_Web_Decision.pdf:allegation against the teacher is of a sexual nature and she was the alleged victim. ./Tomsett_-_Web_Decision.pdf- ./Tomsett_-_Web_Decision.pdf- 4 ./Tomsett_-_Web_Decision.pdf- -- ./Tomsett_-_Web_Decision.pdf-The panel announced its decision and reasons as follows: ./Tomsett_-_Web_Decision.pdf- ./Tomsett_-_Web_Decision.pdf-The panel has carefully considered the case before us and have reached a decision. ./Tomsett_-_Web_Decision.pdf- ./Tomsett_-_Web_Decision.pdf-The panel confirms that it has read all the documents provided in the bundle in advance ./Tomsett_-_Web_Decision.pdf-of the hearing, as well as the supplemental documents provided at the outset of, and ./Tomsett_-_Web_Decision.pdf-during the course of, the hearing. ./Tomsett_-_Web_Decision.pdf- ./Tomsett_-_Web_Decision.pdf-Mr Tomsett had been employed as a teacher at Eastbourne Sixth Form College during ./Tomsett_-_Web_Decision.pdf-the period 1990 to 1992. During this period he is accused of having an inappropriate ./Tomsett_-_Web_Decision.pdf:relationship with a pupil. He is also accused of engaging in a sexual relationship during ./Tomsett_-_Web_Decision.pdf-the summer in which the pupil received A level results. The allegations were first raised ./Tomsett_-_Web_Decision.pdf-with Mr Tomsett in 2016. ./Tomsett_-_Web_Decision.pdf- ./Tomsett_-_Web_Decision.pdf-Findings of fact ./Tomsett_-_Web_Decision.pdf-Our findings of fact are as follows: ./Tomsett_-_Web_Decision.pdf- ./Tomsett_-_Web_Decision.pdf-The panel has found the following in relation to the particulars of the allegations: ./Tomsett_-_Web_Decision.pdf- ./Tomsett_-_Web_Decision.pdf-In doing so, the panel were aware of the CMH decision of 4 September 2018, which it ./Tomsett_-_Web_Decision.pdf-read. The panel applied the direction when reaching its decision. -- ./Tomsett_-_Web_Decision.pdf-reliable, and whether there is any corroborating evidence either way, for each of these ./Tomsett_-_Web_Decision.pdf-instances. The panel has also taken into account the legal advice it received relating to ./Tomsett_-_Web_Decision.pdf-the significance of the 26 year delay in the case being brought and the impact that this ./Tomsett_-_Web_Decision.pdf-would have on memories and recollection of events. ./Tomsett_-_Web_Decision.pdf- ./Tomsett_-_Web_Decision.pdf-The panel heard oral evidence from Pupil A that during the period before Mr Tomsett left ./Tomsett_-_Web_Decision.pdf-his teaching post at the College in May 1992 (to take up a new role at another school), ./Tomsett_-_Web_Decision.pdf-she considers that, in retrospect, Mr Tomsett acted in a way that was inappropriate ./Tomsett_-_Web_Decision.pdf-towards her. She referenced a number of instances which included allegedly: ./Tomsett_-_Web_Decision.pdf- ./Tomsett_-_Web_Decision.pdf:  making a sexual innuendo about the way in which she positioned herself in class; ./Tomsett_-_Web_Decision.pdf- ./Tomsett_-_Web_Decision.pdf-  an occasion where Mr Tomsett had helped her on a one to one basis by typing up ./Tomsett_-_Web_Decision.pdf- one of her essays; ./Tomsett_-_Web_Decision.pdf- ./Tomsett_-_Web_Decision.pdf-  a discussion of a psychology questionnaire which contained some questions ./Tomsett_-_Web_Decision.pdf: about sex; ./Tomsett_-_Web_Decision.pdf- ./Tomsett_-_Web_Decision.pdf-  providing her with his home address on or around his last day at the College; ./Tomsett_-_Web_Decision.pdf- ./Tomsett_-_Web_Decision.pdf-  writing comments in her end of College memory book which she believed were ./Tomsett_-_Web_Decision.pdf- flirtatious; ./Tomsett_-_Web_Decision.pdf- ./Tomsett_-_Web_Decision.pdf-  on his last day at the College asking her to come to his classroom after her last ./Tomsett_-_Web_Decision.pdf- lesson of the day; ./Tomsett_-_Web_Decision.pdf- ./Tomsett_-_Web_Decision.pdf-  allegedly kissing her before she left his room that day; -- ./Tomsett_-_Web_Decision.pdf- ./Tomsett_-_Web_Decision.pdf-The panel heard a contrasting position from Mr Tomsett in his oral and written evidence. ./Tomsett_-_Web_Decision.pdf-The panel also took account of the limited answers provided by Mr Tomsett to events ./Tomsett_-_Web_Decision.pdf-which they would have expected would have been memorable events. ./Tomsett_-_Web_Decision.pdf- ./Tomsett_-_Web_Decision.pdf-Despite the overall allegation being not proven, the panel’s assessment of the evidence it ./Tomsett_-_Web_Decision.pdf-has seen and heard on these events is as follows: ./Tomsett_-_Web_Decision.pdf- ./Tomsett_-_Web_Decision.pdf- Pupil A said that, [Redacted]. She gave oral evidence that Mr Tomsett commented to ./Tomsett_-_Web_Decision.pdf- her that it was very distracting and that his comment was said in such a way that she ./Tomsett_-_Web_Decision.pdf: considered it to have been a sexual innuendo. Mr Tomsett, however, gave oral ./Tomsett_-_Web_Decision.pdf- evidence that he was making an observation that he found it very distracting ./Tomsett_-_Web_Decision.pdf: [Redacted], and that his comment was not meant as a sexual innuendo. Pupil A ./Tomsett_-_Web_Decision.pdf- explained in her oral evidence that Mr Tomsett was not a, “smutty” man in the way ./Tomsett_-_Web_Decision.pdf- that he communicated with her and others. The panel considered Mr Tomsett’s ./Tomsett_-_Web_Decision.pdf- explanation to be plausible, and found that, on a balance of probabilities, it was more ./Tomsett_-_Web_Decision.pdf: likely than not that the comment was not a sexual innuendo. ./Tomsett_-_Web_Decision.pdf- ./Tomsett_-_Web_Decision.pdf- Mr Tomsett’s explanation for having assisted Pupil A with typing her essay in the ./Tomsett_-_Web_Decision.pdf- computer room was that he was aware that Pupil A had difficulty [Redacted], as he ./Tomsett_-_Web_Decision.pdf- was a fast typist, he was happy to help her. Mr Tomsett said that other staff and ./Tomsett_-_Web_Decision.pdf- pupils used the computer room. The panel considered that this is a plausible, ./Tomsett_-_Web_Decision.pdf- sensible explanation as to why Mr Tomsett assisted Pupil A with her essay. ./Tomsett_-_Web_Decision.pdf- ./Tomsett_-_Web_Decision.pdf- The panel believed that Mr Tomsett was watching the Christmas concert. It believed ./Tomsett_-_Web_Decision.pdf- that it would have been particularly difficult for Pupil A to discern whether Mr Tomsett ./Tomsett_-_Web_Decision.pdf- was looking only at her in an intensive way during the concert, rather than just -- ./Tomsett_-_Web_Decision.pdf-panel did not consider that the teacher pupil relationship with her was any different from ./Tomsett_-_Web_Decision.pdf-that which he had with other pupils, apart from those actions which occurred on the last ./Tomsett_-_Web_Decision.pdf-day, and the comments written in her memory book (which the panel considered was ./Tomsett_-_Web_Decision.pdf-inappropriate at the time). ./Tomsett_-_Web_Decision.pdf- ./Tomsett_-_Web_Decision.pdf-Therefore, upon taking into account all of the evidence it has heard, and considering the ./Tomsett_-_Web_Decision.pdf-evidence on a balance of probabilities, the panel believed that whilst some occurrences ./Tomsett_-_Web_Decision.pdf-were inappropriate, they did not amount to an inappropriate relationship, and the ./Tomsett_-_Web_Decision.pdf-allegation is not found proven. ./Tomsett_-_Web_Decision.pdf- ./Tomsett_-_Web_Decision.pdf:2. engaged in a sexual relationship with Pupil A, during the summer in which she ./Tomsett_-_Web_Decision.pdf-received her A level results. ./Tomsett_-_Web_Decision.pdf- ./Tomsett_-_Web_Decision.pdf-Allegation 2 is found proven. ./Tomsett_-_Web_Decision.pdf- ./Tomsett_-_Web_Decision.pdf:The panel heard evidence from Mr Tomsett that he admitted to having had a sexual ./Tomsett_-_Web_Decision.pdf-relationship with Pupil A during the summer in which she received her A level results. ./Tomsett_-_Web_Decision.pdf- ./Tomsett_-_Web_Decision.pdf:The panel heard evidence from Pupil A that she and Mr Tomsett had a sexual ./Tomsett_-_Web_Decision.pdf:relationship during that summer. Pupil A’s diary entries also documented the sexual ./Tomsett_-_Web_Decision.pdf-relationship. ./Tomsett_-_Web_Decision.pdf- ./Tomsett_-_Web_Decision.pdf-The oral admissions were also supported by the witness statements of Mr Tomsett and ./Tomsett_-_Web_Decision.pdf-Pupil A. ./Tomsett_-_Web_Decision.pdf- ./Tomsett_-_Web_Decision.pdf-Therefore, upon taking into account all of the evidence it had heard, and considering that ./Tomsett_-_Web_Decision.pdf-evidence on a balance of probabilities, the panel believed that it was more likely than not ./Tomsett_-_Web_Decision.pdf-to have occurred and found the allegation to be proved. ./Tomsett_-_Web_Decision.pdf- ./Tomsett_-_Web_Decision.pdf-Findings as to unacceptable professional conduct and/or conduct that -- ./Tomsett_-_Web_Decision.pdf-Having found allegation 2 proven, the panel went on to consider whether the facts of that ./Tomsett_-_Web_Decision.pdf-allegation amounted to unacceptable professional conduct and/or conduct that may bring ./Tomsett_-_Web_Decision.pdf-the profession into disrepute. ./Tomsett_-_Web_Decision.pdf- ./Tomsett_-_Web_Decision.pdf-In doing so, the panel had regard to its knowledge and experience as to the teaching ./Tomsett_-_Web_Decision.pdf-standards at that time. The panel noted that there was no codified set of standards such ./Tomsett_-_Web_Decision.pdf-as there is today, and the panel was not convinced that the guidance and circulars that ./Tomsett_-_Web_Decision.pdf-had been presented to it added much clarity. The panel found the guidance and circulars ./Tomsett_-_Web_Decision.pdf:to which it was directed to be more focussed on situations of child abuse and sexual ./Tomsett_-_Web_Decision.pdf-abuse, which it did not consider was directly applicable here. ./Tomsett_-_Web_Decision.pdf- ./Tomsett_-_Web_Decision.pdf-The panel took account of its own understanding and experience of the teaching ./Tomsett_-_Web_Decision.pdf-standards in 1992, as well the prevailing culture of that era. The panel considered a ./Tomsett_-_Web_Decision.pdf-situation where a teacher might leave a Sixth Form College to begin a new position at ./Tomsett_-_Web_Decision.pdf-another educational establishment before the end of a school year. If, within weeks of ./Tomsett_-_Web_Decision.pdf:leaving that role, that teacher then went on to have a sexual relationship with an 18 year ./Tomsett_-_Web_Decision.pdf:old former pupil, then, that sexual relationship would have amounted to a breach of the ./Tomsett_-_Web_Decision.pdf-teaching standards of the time (in 1992). In the panel’s experience of that era, it ./Tomsett_-_Web_Decision.pdf-considers that it was not appropriate for a teacher to embark on a relationship with a ./Tomsett_-_Web_Decision.pdf-former-pupil for whom that teacher had admitted to having feelings, so soon after that ./Tomsett_-_Web_Decision.pdf-pupil had left. That would suggest that it was acceptable for teachers to wait until pupils ./Tomsett_-_Web_Decision.pdf:finish to engage in romantic or sexual relations. ./Tomsett_-_Web_Decision.pdf- ./Tomsett_-_Web_Decision.pdf-The panel therefore considered that Mr Tomsett’s standards fell short of the standards ./Tomsett_-_Web_Decision.pdf-expected of the profession at the time, particularly the failure to maintain proper ./Tomsett_-_Web_Decision.pdf-professional boundaries with Pupil A. ./Tomsett_-_Web_Decision.pdf- ./Tomsett_-_Web_Decision.pdf-The panel considered that this standard is a fundamental one and, whilst not explicit in ./Tomsett_-_Web_Decision.pdf-1990 to 1992, it nevertheless existed. ./Tomsett_-_Web_Decision.pdf- ./Tomsett_-_Web_Decision.pdf-Today, the standards are more clearly codified in the document called Teacher ./Tomsett_-_Web_Decision.pdf-Misconduct: The Prohibition of Teachers, which the panel refers to as “the Advice”. The ./Tomsett_-_Web_Decision.pdf-standard states that “Teachers uphold public trust in the profession and maintain high ./Tomsett_-_Web_Decision.pdf-standards of ethics and behaviour, within and outside school, by treating pupils with ./Tomsett_-_Web_Decision.pdf-dignity, building relationships rooted in mutual respect, and at all times observing proper ./Tomsett_-_Web_Decision.pdf-boundaries appropriate to a teacher’s professional position”. This current codified ./Tomsett_-_Web_Decision.pdf-standard is only relevant to the extent that it describes how a person should fulfil their ./Tomsett_-_Web_Decision.pdf-teaching role today. As the conduct complained of took place outside of the education ./Tomsett_-_Web_Decision.pdf-setting, the panel also therefore had regard to this current standard in its consideration of ./Tomsett_-_Web_Decision.pdf-the way in which Mr Tomsett fulfils his current teaching role. ./Tomsett_-_Web_Decision.pdf- ./Tomsett_-_Web_Decision.pdf-Mr Tomsett breached a standard at the time. Given that 26 years have passed since the ./Tomsett_-_Web_Decision.pdf:event, the fact that both he and Pupil A had left the College, when the sexual relationship ./Tomsett_-_Web_Decision.pdf-began, the panel does not consider that current pupils are likely to be exposed to or ./Tomsett_-_Web_Decision.pdf-influenced by this behaviour in a harmful way. Nor does it consider that it would affect the ./Tomsett_-_Web_Decision.pdf- ./Tomsett_-_Web_Decision.pdf- 13 ./Tomsett_-_Web_Decision.pdf- -- ./Tomsett_-_Web_Decision.pdf-way in which Mr Tomsett now fulfils his teaching role or his ability to meet today’s ./Tomsett_-_Web_Decision.pdf-teaching standards. ./Tomsett_-_Web_Decision.pdf- ./Tomsett_-_Web_Decision.pdf-The panel also considered whether Mr Tomsett’s conduct displayed behaviours ./Tomsett_-_Web_Decision.pdf-associated with any of the offences listed on pages 8 and 9 of the Advice. The panel ./Tomsett_-_Web_Decision.pdf-found that none of those offences was relevant. ./Tomsett_-_Web_Decision.pdf- ./Tomsett_-_Web_Decision.pdf:Therefore, the panel did not find that Mr Tomsett’s sexual relationship with Pupil A ./Tomsett_-_Web_Decision.pdf-amounted to unacceptable professional conduct. ./Tomsett_-_Web_Decision.pdf- ./Tomsett_-_Web_Decision.pdf-The panel took into account how the teaching profession is viewed by others and ./Tomsett_-_Web_Decision.pdf-considered the influence that teachers may have on pupils, parents and others in the ./Tomsett_-_Web_Decision.pdf-community. The panel took account of the uniquely influential role that teachers can hold ./Tomsett_-_Web_Decision.pdf-in pupils’ lives and that pupils must be able to view teachers as role models in the way ./Tomsett_-_Web_Decision.pdf-they behave. The conduct found proven would, at the time, have brought the profession ./Tomsett_-_Web_Decision.pdf-into disrepute if it had become known at the time. The panel does not consider that the ./Tomsett_-_Web_Decision.pdf-passage of time has altered that position. ./Tomsett_-_Web_Decision.pdf- ./Tomsett_-_Web_Decision.pdf-The panel was very clear in its finding that it is not professionally acceptable for a teacher ./Tomsett_-_Web_Decision.pdf:to enter into a romantic or sexual relationship with their former pupil shortly after that ./Tomsett_-_Web_Decision.pdf-pupil has left school or college. ./Tomsett_-_Web_Decision.pdf- ./Tomsett_-_Web_Decision.pdf-The conduct displayed would likely have a negative impact on the individual’s status as a ./Tomsett_-_Web_Decision.pdf-teacher, potentially damaging the public perception. ./Tomsett_-_Web_Decision.pdf- ./Tomsett_-_Web_Decision.pdf-Having found the facts of allegation 2 proved, the panel found that Mr Tomsett’s actions ./Tomsett_-_Web_Decision.pdf-constituted conduct that may bring the profession into disrepute. ./Tomsett_-_Web_Decision.pdf- ./Tomsett_-_Web_Decision.pdf- ./Tomsett_-_Web_Decision.pdf-Panel’s recommendation to the Secretary of State -- ./Tomsett_-_Web_Decision.pdf:In light of the panel’s findings against Mr Tomsett, which involved engaging in a sexual ./Tomsett_-_Web_Decision.pdf-relationship with a former pupil during the summer in which she received her A level ./Tomsett_-_Web_Decision.pdf-results, the panel considered the strong public interest in protecting the reputation of the ./Tomsett_-_Web_Decision.pdf-teaching profession and also how teachers are viewed by pupils. ./Tomsett_-_Web_Decision.pdf- ./Tomsett_-_Web_Decision.pdf-Notwithstanding those clear public interest considerations that were present, the panel ./Tomsett_-_Web_Decision.pdf-considered carefully whether or not it would be proportionate to impose a prohibition ./Tomsett_-_Web_Decision.pdf-order taking into account the effect that this would have on Mr Tomsett. ./Tomsett_-_Web_Decision.pdf- ./Tomsett_-_Web_Decision.pdf-In carrying out the balancing exercise the panel has considered the public interest ./Tomsett_-_Web_Decision.pdf-considerations both in favour of and against prohibition as well as the interests of Mr -- ./Tomsett_-_Web_Decision.pdf-to be exposed to or influenced by this behaviour in a harmful way. Nor does it consider ./Tomsett_-_Web_Decision.pdf-that it would affect the way in which Mr Tomsett now fulfils his teaching role or his ability ./Tomsett_-_Web_Decision.pdf-to meet today’s teaching standards.” ./Tomsett_-_Web_Decision.pdf- ./Tomsett_-_Web_Decision.pdf-I have gone on to consider the extent to which a prohibition order would maintain public ./Tomsett_-_Web_Decision.pdf-confidence in the profession. The panel observe, “The conduct found proven would, at ./Tomsett_-_Web_Decision.pdf-the time, have brought the profession into disrepute if it had become known at the time. ./Tomsett_-_Web_Decision.pdf-The panel does not consider that the passage of time has altered that position. ./Tomsett_-_Web_Decision.pdf- ./Tomsett_-_Web_Decision.pdf-The panel was very clear in its finding that it is not professionally acceptable for a teacher ./Tomsett_-_Web_Decision.pdf:to enter into a romantic or sexual relationship with their former pupil shortly after that ./Tomsett_-_Web_Decision.pdf-pupil has left school or college. ./Tomsett_-_Web_Decision.pdf- ./Tomsett_-_Web_Decision.pdf-The conduct displayed would likely have a negative impact on the individual’s status as a ./Tomsett_-_Web_Decision.pdf-teacher, potentially damaging the public perception.” ./Tomsett_-_Web_Decision.pdf- ./Tomsett_-_Web_Decision.pdf-I have had to consider that the public has a high expectation of professional standards of ./Tomsett_-_Web_Decision.pdf-all teachers and that failure to impose a prohibition order might be regarded by the public ./Tomsett_-_Web_Decision.pdf-as a failure to uphold those high standards. In weighing these considerations I have had ./Tomsett_-_Web_Decision.pdf-to consider the matter from the point of view of an “ordinary intelligent and well-informed ./Tomsett_-_Web_Decision.pdf-citizen.” -- ./Tomsett_-_Web_Decision.pdf-Mr Tomsett is seen as a caring, empathetic, dedicated and driven teacher and leader and ./Tomsett_-_Web_Decision.pdf-demonstrate his value to the educational establishment. “ ./Tomsett_-_Web_Decision.pdf- ./Tomsett_-_Web_Decision.pdf-A prohibition order would prevent Mr Tomsett from teaching and would also clearly ./Tomsett_-_Web_Decision.pdf-deprive the public of his contribution to the profession for the period that it is in force. ./Tomsett_-_Web_Decision.pdf- ./Tomsett_-_Web_Decision.pdf-I have given considerable weight in my consideration of sanction, to the contribution that ./Tomsett_-_Web_Decision.pdf-Mr Tomsett has made to the profession. ./Tomsett_-_Web_Decision.pdf- ./Tomsett_-_Web_Decision.pdf-The panel state clearly that it, “was very clear in its finding that it is not professionally ./Tomsett_-_Web_Decision.pdf:acceptable for a teacher to enter into a romantic or sexual relationship with their former ./Tomsett_-_Web_Decision.pdf-pupil shortly after that pupil has left school or college.” ./Tomsett_-_Web_Decision.pdf- ./Tomsett_-_Web_Decision.pdf-The panel is also clear that there is considerable evidence of Mr Tomsett’s, “positive ./Tomsett_-_Web_Decision.pdf-commitment and contribution to the wider educational sector.” ./Tomsett_-_Web_Decision.pdf- ./Tomsett_-_Web_Decision.pdf-For all of these reasons, and the fact that the panel say that “ the nature and severity of ./Tomsett_-_Web_Decision.pdf-the behaviour is at the less serious end of the possible spectrum”, I have concluded that ./Tomsett_-_Web_Decision.pdf-not imposing a prohibition order is proportionate and in the public interest in this case. ./Tomsett_-_Web_Decision.pdf- ./Tomsett_-_Web_Decision.pdf- ./Travis__Laura_Jayne_-_Web_Decision_-_0762837.pdf-B. Allegations ./Travis__Laura_Jayne_-_Web_Decision_-_0762837.pdf-The Panel considered the allegations set out in the Notice of Proceedings dated 2 June ./Travis__Laura_Jayne_-_Web_Decision_-_0762837.pdf-2014. ./Travis__Laura_Jayne_-_Web_Decision_-_0762837.pdf- ./Travis__Laura_Jayne_-_Web_Decision_-_0762837.pdf-It was alleged that Ms Travis was guilty of unacceptable professional conduct and/or ./Travis__Laura_Jayne_-_Web_Decision_-_0762837.pdf-conduct that may bring the profession into disrepute, in that: ./Travis__Laura_Jayne_-_Web_Decision_-_0762837.pdf- ./Travis__Laura_Jayne_-_Web_Decision_-_0762837.pdf- 1. Whilst working at Crookhorn College during the 2008/09 academic year she: ./Travis__Laura_Jayne_-_Web_Decision_-_0762837.pdf- a. gave her personal mobile number to Pupil A in or around May 2009; ./Travis__Laura_Jayne_-_Web_Decision_-_0762837.pdf- b. exchanged text messages and phone calls with Pupil A, which included ./Travis__Laura_Jayne_-_Web_Decision_-_0762837.pdf: communications of a sexual nature, between May 2009 and the end of the ./Travis__Laura_Jayne_-_Web_Decision_-_0762837.pdf- school term; ./Travis__Laura_Jayne_-_Web_Decision_-_0762837.pdf- c. allowed Pupil A to visit her whilst at her home and kissed and cuddled with ./Travis__Laura_Jayne_-_Web_Decision_-_0762837.pdf- her ./Travis__Laura_Jayne_-_Web_Decision_-_0762837.pdf: 2. She engaged in a sexual relationship with Pupil A which commenced in the ./Travis__Laura_Jayne_-_Web_Decision_-_0762837.pdf- summer of 2009, shortly after the 2008/09 academic year had ended. ./Travis__Laura_Jayne_-_Web_Decision_-_0762837.pdf- ./Travis__Laura_Jayne_-_Web_Decision_-_0762837.pdf- ./Travis__Laura_Jayne_-_Web_Decision_-_0762837.pdf-C. Preliminary applications ./Travis__Laura_Jayne_-_Web_Decision_-_0762837.pdf-There were no preliminary applications ./Travis__Laura_Jayne_-_Web_Decision_-_0762837.pdf- ./Travis__Laura_Jayne_-_Web_Decision_-_0762837.pdf- ./Travis__Laura_Jayne_-_Web_Decision_-_0762837.pdf- ./Travis__Laura_Jayne_-_Web_Decision_-_0762837.pdf- ./Travis__Laura_Jayne_-_Web_Decision_-_0762837.pdf-D. Summary of evidence -- ./Travis__Laura_Jayne_-_Web_Decision_-_0762837.pdf- ./Travis__Laura_Jayne_-_Web_Decision_-_0762837.pdf- ./Travis__Laura_Jayne_-_Web_Decision_-_0762837.pdf-The Statement of Agreed Facts confirms that Ms Travis admits this allegation against ./Travis__Laura_Jayne_-_Web_Decision_-_0762837.pdf-her. The Panel has applied its independent mind to the matter. The Panel has considered ./Travis__Laura_Jayne_-_Web_Decision_-_0762837.pdf-all the evidence before it and has had particular regard to the detailed statement of facts ./Travis__Laura_Jayne_-_Web_Decision_-_0762837.pdf-provided by Ms Travis starting at page 23 of the Bundle. Taking into account all the ./Travis__Laura_Jayne_-_Web_Decision_-_0762837.pdf-evidence, and the admission that has been made, the panel finds that this allegation is ./Travis__Laura_Jayne_-_Web_Decision_-_0762837.pdf-proven. ./Travis__Laura_Jayne_-_Web_Decision_-_0762837.pdf- ./Travis__Laura_Jayne_-_Web_Decision_-_0762837.pdf- b. exchanged text messages and phone calls with Pupil A, which ./Travis__Laura_Jayne_-_Web_Decision_-_0762837.pdf: included communications of a sexual nature, between May 2009 and ./Travis__Laura_Jayne_-_Web_Decision_-_0762837.pdf- the end of the school term; ./Travis__Laura_Jayne_-_Web_Decision_-_0762837.pdf- ./Travis__Laura_Jayne_-_Web_Decision_-_0762837.pdf- ./Travis__Laura_Jayne_-_Web_Decision_-_0762837.pdf-The Statement of Agreed Facts confirms that Ms Travis admits this allegation against ./Travis__Laura_Jayne_-_Web_Decision_-_0762837.pdf-her. The Panel has applied its independent mind to the matter. The Panel has considered ./Travis__Laura_Jayne_-_Web_Decision_-_0762837.pdf-all the evidence before it and has had particular regard to the detailed statement of facts ./Travis__Laura_Jayne_-_Web_Decision_-_0762837.pdf- ./Travis__Laura_Jayne_-_Web_Decision_-_0762837.pdf- 5 ./Travis__Laura_Jayne_-_Web_Decision_-_0762837.pdf- -- ./Travis__Laura_Jayne_-_Web_Decision_-_0762837.pdf- cuddled with her ./Travis__Laura_Jayne_-_Web_Decision_-_0762837.pdf- ./Travis__Laura_Jayne_-_Web_Decision_-_0762837.pdf- ./Travis__Laura_Jayne_-_Web_Decision_-_0762837.pdf-The Statement of Agreed Facts confirms that Ms Travis admits this allegation against ./Travis__Laura_Jayne_-_Web_Decision_-_0762837.pdf-her. The Panel has applied its independent mind to the matter. The Panel has considered ./Travis__Laura_Jayne_-_Web_Decision_-_0762837.pdf-all the evidence before it and has had particular regard to the detailed statement of facts ./Travis__Laura_Jayne_-_Web_Decision_-_0762837.pdf-provided by Ms Travis starting at page 23 of the Bundle. Taking into account all the ./Travis__Laura_Jayne_-_Web_Decision_-_0762837.pdf-evidence, and the admission that has been made, the panel finds that this allegation is ./Travis__Laura_Jayne_-_Web_Decision_-_0762837.pdf-proven. ./Travis__Laura_Jayne_-_Web_Decision_-_0762837.pdf- ./Travis__Laura_Jayne_-_Web_Decision_-_0762837.pdf: 2. You engaged in a sexual relationship with Pupil A which commenced in the ./Travis__Laura_Jayne_-_Web_Decision_-_0762837.pdf- summer of 2009, shortly after the 2008/09 academic year had ended. ./Travis__Laura_Jayne_-_Web_Decision_-_0762837.pdf- ./Travis__Laura_Jayne_-_Web_Decision_-_0762837.pdf- ./Travis__Laura_Jayne_-_Web_Decision_-_0762837.pdf-The Statement of Agreed Facts confirms that Ms Travis admits this allegation against ./Travis__Laura_Jayne_-_Web_Decision_-_0762837.pdf-her. The Panel has applied its independent mind to the matter. The Panel has considered ./Travis__Laura_Jayne_-_Web_Decision_-_0762837.pdf-all the evidence before it and has had particular regard to the detailed statement of facts ./Travis__Laura_Jayne_-_Web_Decision_-_0762837.pdf-provided by Ms Travis starting at page 23 of the Bundle. Taking into account all the ./Travis__Laura_Jayne_-_Web_Decision_-_0762837.pdf-evidence, and the admission that has been made, the panel finds that this allegation is ./Travis__Laura_Jayne_-_Web_Decision_-_0762837.pdf-proven. ./Travis__Laura_Jayne_-_Web_Decision_-_0762837.pdf- -- ./Travis__Laura_Jayne_-_Web_Decision_-_0762837.pdf-Teacher Misconduct – Prohibition of Teachers Advice and having done so has found a ./Travis__Laura_Jayne_-_Web_Decision_-_0762837.pdf-number of them to be relevant in this case, namely ./Travis__Laura_Jayne_-_Web_Decision_-_0762837.pdf- ./Travis__Laura_Jayne_-_Web_Decision_-_0762837.pdf-  the protection of pupils ./Travis__Laura_Jayne_-_Web_Decision_-_0762837.pdf-  the maintenance of public confidence in the profession ./Travis__Laura_Jayne_-_Web_Decision_-_0762837.pdf-  declaring and upholding proper standards of conduct. ./Travis__Laura_Jayne_-_Web_Decision_-_0762837.pdf- ./Travis__Laura_Jayne_-_Web_Decision_-_0762837.pdf- ./Travis__Laura_Jayne_-_Web_Decision_-_0762837.pdf- ./Travis__Laura_Jayne_-_Web_Decision_-_0762837.pdf-The Panel found that Ms Travis had engaged in inappropriate contact with a pupil on a ./Travis__Laura_Jayne_-_Web_Decision_-_0762837.pdf:number of occasions over a period of several months leading to a sexual relationship. ./Travis__Laura_Jayne_-_Web_Decision_-_0762837.pdf-There is a strong public interest consideration in respect of the protection of pupils, given ./Travis__Laura_Jayne_-_Web_Decision_-_0762837.pdf-the serious findings of an inappropriate relationship with a child. It is evident to the Panel ./Travis__Laura_Jayne_-_Web_Decision_-_0762837.pdf-from Ms Travis’ own statement that she had several opportunities whilst the situation was ./Travis__Laura_Jayne_-_Web_Decision_-_0762837.pdf-developing to remove herself from it or seek advice from more experienced colleagues. ./Travis__Laura_Jayne_-_Web_Decision_-_0762837.pdf-The Panel notes that there were two occasions on which Ms Travis was counselled by ./Travis__Laura_Jayne_-_Web_Decision_-_0762837.pdf-other members of staff regarding her relationships with pupils and the importance of ./Travis__Laura_Jayne_-_Web_Decision_-_0762837.pdf-maintaining appropriate professional boundaries (as referred to in Ms Travis’ statement ./Travis__Laura_Jayne_-_Web_Decision_-_0762837.pdf-at Page 29 and 30 of the Bundle). These included a meeting with her NQT mentor. Ms ./Travis__Laura_Jayne_-_Web_Decision_-_0762837.pdf-Travis’ inappropriate behaviour continued to develop despite these interventions. It is ./Travis__Laura_Jayne_-_Web_Decision_-_0762837.pdf-apparent from a number of comments in her statement that Ms Travis recognises, with -- ./Travis__Laura_Jayne_-_Web_Decision_-_0762837.pdf- ./Travis__Laura_Jayne_-_Web_Decision_-_0762837.pdf-In carrying out the balancing exercise the Panel has considered the public interest ./Travis__Laura_Jayne_-_Web_Decision_-_0762837.pdf-considerations both in favour of and against prohibition as well as the interests of Ms ./Travis__Laura_Jayne_-_Web_Decision_-_0762837.pdf-Travis. The Panel took further account of the Teacher Misconduct – Prohibition of ./Travis__Laura_Jayne_-_Web_Decision_-_0762837.pdf-Teachers Advice, which suggests that a prohibition order may be appropriate if certain ./Travis__Laura_Jayne_-_Web_Decision_-_0762837.pdf-behaviours of a teacher have been proven. In the list of such behaviours are: ./Travis__Laura_Jayne_-_Web_Decision_-_0762837.pdf- ./Travis__Laura_Jayne_-_Web_Decision_-_0762837.pdf-  serious departure from the personal and professional conduct elements of the ./Travis__Laura_Jayne_-_Web_Decision_-_0762837.pdf- teachers’ standards; ./Travis__Laura_Jayne_-_Web_Decision_-_0762837.pdf-  abuse of position of trust (particularly involving vulnerable pupils); ./Travis__Laura_Jayne_-_Web_Decision_-_0762837.pdf:  sexual misconduct, e.g. involving actions that were sexually motivated or of a ./Travis__Laura_Jayne_-_Web_Decision_-_0762837.pdf: sexual nature and/or that use or exploit the trust, knowledge or influence derived ./Travis__Laura_Jayne_-_Web_Decision_-_0762837.pdf- from the individual’s professional position; ./Travis__Laura_Jayne_-_Web_Decision_-_0762837.pdf-The Panel considers that each of the above behaviours are shown in this case. ./Travis__Laura_Jayne_-_Web_Decision_-_0762837.pdf- ./Travis__Laura_Jayne_-_Web_Decision_-_0762837.pdf-Even though there were behaviours that would point to a Prohibition Order being ./Travis__Laura_Jayne_-_Web_Decision_-_0762837.pdf-appropriate, the Panel went on to consider whether or not there were sufficient mitigating ./Travis__Laura_Jayne_-_Web_Decision_-_0762837.pdf-factors to militate against a Prohibition Order being an appropriate and proportionate ./Travis__Laura_Jayne_-_Web_Decision_-_0762837.pdf-measure to impose, particularly taking into account the nature and severity of the ./Travis__Laura_Jayne_-_Web_Decision_-_0762837.pdf-behaviour in this case. ./Travis__Laura_Jayne_-_Web_Decision_-_0762837.pdf- ./Travis__Laura_Jayne_-_Web_Decision_-_0762837.pdf-  The Panel finds it evident from Ms Travis’ statement that her actions were ./Travis__Laura_Jayne_-_Web_Decision_-_0762837.pdf- deliberate. In the first instance, Ms Travis took the decision not to consult a ./Travis__Laura_Jayne_-_Web_Decision_-_0762837.pdf- member of staff before taking the pupil shopping in her car. She had every ./Travis__Laura_Jayne_-_Web_Decision_-_0762837.pdf- opportunity to decline the request made by the pupil for her mobile number. When ./Travis__Laura_Jayne_-_Web_Decision_-_0762837.pdf: she received an inappropriate telephone call of a sexual nature, she chose to ./Travis__Laura_Jayne_-_Web_Decision_-_0762837.pdf- remain on the line rather than terminating the call; neither did she report the matter ./Travis__Laura_Jayne_-_Web_Decision_-_0762837.pdf- to anyone. Concerns were raised by more senior members of staff and yet her ./Travis__Laura_Jayne_-_Web_Decision_-_0762837.pdf- behaviour continued to develop. Ms Travis records in her statement, at page 32 of ./Travis__Laura_Jayne_-_Web_Decision_-_0762837.pdf- the Bundle, that she was, at one stage, exchanging daily texts with the pupil. Ms ./Travis__Laura_Jayne_-_Web_Decision_-_0762837.pdf- Travis admitted that, ‘through texting and calls I had grown very fond of [the pupil] ./Travis__Laura_Jayne_-_Web_Decision_-_0762837.pdf- ./Travis__Laura_Jayne_-_Web_Decision_-_0762837.pdf- ./Travis__Laura_Jayne_-_Web_Decision_-_0762837.pdf- 9 ./Travis__Laura_Jayne_-_Web_Decision_-_0762837.pdf- -- ./Travis__Laura_Jayne_-_Web_Decision_-_0762837.pdf: and a sexual relationship formed’. They subsequently agreed to meet at Ms Travis’ ./Travis__Laura_Jayne_-_Web_Decision_-_0762837.pdf- house, and on one occasion in her car outside the school, rather than in public ./Travis__Laura_Jayne_-_Web_Decision_-_0762837.pdf- places. ./Travis__Laura_Jayne_-_Web_Decision_-_0762837.pdf-  It is clear to the Panel from the evidence provided that Ms Travis was not acting ./Travis__Laura_Jayne_-_Web_Decision_-_0762837.pdf- under duress. Although in her statement Ms Travis contends that she was, ‘taken ./Travis__Laura_Jayne_-_Web_Decision_-_0762837.pdf- advantage of’ by a pupil who was, ‘authority hunting’ (Page 32 of the Bundle), the ./Travis__Laura_Jayne_-_Web_Decision_-_0762837.pdf- Panel considers that this does not reflect the professional nature of the pupil ./Travis__Laura_Jayne_-_Web_Decision_-_0762837.pdf- teacher relationship. The Panel does not accept that responsibility for events such ./Travis__Laura_Jayne_-_Web_Decision_-_0762837.pdf- as the matters in hand can properly be placed on any pupil. The very fact that Ms ./Travis__Laura_Jayne_-_Web_Decision_-_0762837.pdf- Travis has accepted full responsibility for her actions (in her statement at page 29 ./Travis__Laura_Jayne_-_Web_Decision_-_0762837.pdf- of the Bundle), is a clear indication that she cannot be said to have been under -- ./Travis__Laura_Jayne_-_Web_Decision_-_0762837.pdf-The Teacher Misconduct – Prohibition of Teachers Advice indicates that there are ./Travis__Laura_Jayne_-_Web_Decision_-_0762837.pdf-behaviours that, if proven, would militate against a review period being recommended. ./Travis__Laura_Jayne_-_Web_Decision_-_0762837.pdf:These behaviours include an act which was sexually motivated and resulted in or had ./Travis__Laura_Jayne_-_Web_Decision_-_0762837.pdf-the potential to result in, harm to a person, particularly where the individual has used their ./Travis__Laura_Jayne_-_Web_Decision_-_0762837.pdf-professional position to influence the person. ./Travis__Laura_Jayne_-_Web_Decision_-_0762837.pdf- ./Travis__Laura_Jayne_-_Web_Decision_-_0762837.pdf-The Panel has found that Ms Travis has been responsible for action falling within this ./Travis__Laura_Jayne_-_Web_Decision_-_0762837.pdf:category. It is not disputed that Ms Travis’ behaviours led to a sexual relationship with the ./Travis__Laura_Jayne_-_Web_Decision_-_0762837.pdf-pupil. Whilst she states (page 30 of the Bundle) that she, ‘stupidly got sucked into the ./Travis__Laura_Jayne_-_Web_Decision_-_0762837.pdf-situation’, the Panel’s view is that Ms Travis was an active participant in the development ./Travis__Laura_Jayne_-_Web_Decision_-_0762837.pdf-of the relationship and took very limited steps to prevent it. For example, by her own ./Travis__Laura_Jayne_-_Web_Decision_-_0762837.pdf-admission she disclosed details of her personal life to the pupil when she had no need to ./Travis__Laura_Jayne_-_Web_Decision_-_0762837.pdf-do so. She also agreed to meet with the pupil at her own house. The Panel considers ./Travis__Laura_Jayne_-_Web_Decision_-_0762837.pdf-that her actions may have had the potential to result in harm to the pupil in question. ./Travis__Laura_Jayne_-_Web_Decision_-_0762837.pdf- ./Travis__Laura_Jayne_-_Web_Decision_-_0762837.pdf-As indicated above, the Panel considers that whilst Ms Travis has clearly expressed her ./Travis__Laura_Jayne_-_Web_Decision_-_0762837.pdf-remorse and regret, she has shown limited insight into the potential consequences of her ./Travis__Laura_Jayne_-_Web_Decision_-_0762837.pdf-actions on the pupil. -- ./Travis__Laura_Jayne_-_Web_Decision_-_0762837.pdf-The Panel felt the findings indicated a situation in which a review period would not be ./Travis__Laura_Jayne_-_Web_Decision_-_0762837.pdf-appropriate and, as such, decided that it would be proportionate in all the circumstances ./Travis__Laura_Jayne_-_Web_Decision_-_0762837.pdf-for the Prohibition Order to be recommended without provisions for a review period. ./Travis__Laura_Jayne_-_Web_Decision_-_0762837.pdf- ./Travis__Laura_Jayne_-_Web_Decision_-_0762837.pdf- ./Travis__Laura_Jayne_-_Web_Decision_-_0762837.pdf-Decision and reasons on behalf of the Secretary of ./Travis__Laura_Jayne_-_Web_Decision_-_0762837.pdf-State ./Travis__Laura_Jayne_-_Web_Decision_-_0762837.pdf-I have given very careful consideration to this case. I have carefully considered the ./Travis__Laura_Jayne_-_Web_Decision_-_0762837.pdf-recommendations of the panel in respect of sanction and review. ./Travis__Laura_Jayne_-_Web_Decision_-_0762837.pdf- ./Travis__Laura_Jayne_-_Web_Decision_-_0762837.pdf:This case is a very serious one and involves a finding of sexual misconduct with a pupil. I ./Travis__Laura_Jayne_-_Web_Decision_-_0762837.pdf-am satisfied that Ms Travis’ conduct involved serious breaches of the Teachers’ ./Travis__Laura_Jayne_-_Web_Decision_-_0762837.pdf-Standards. In particular I have noted that the panel found that Ms Travis was in breach ./Travis__Laura_Jayne_-_Web_Decision_-_0762837.pdf-of the following standards: ./Travis__Laura_Jayne_-_Web_Decision_-_0762837.pdf- ./Travis__Laura_Jayne_-_Web_Decision_-_0762837.pdf-  Teachers are expected to demonstrate consistently high standards of personal ./Travis__Laura_Jayne_-_Web_Decision_-_0762837.pdf- and professional conduct. ./Travis__Laura_Jayne_-_Web_Decision_-_0762837.pdf-  Teachers uphold public trust in the profession and maintain high standards of ./Travis__Laura_Jayne_-_Web_Decision_-_0762837.pdf- ethics and behaviour, within and outside school, by: ./Travis__Laura_Jayne_-_Web_Decision_-_0762837.pdf- treating pupils with dignity, building relationships rooted in mutual respect, ./Travis__Laura_Jayne_-_Web_Decision_-_0762837.pdf- and at all times observing proper boundaries appropriate to a teacher’s -- ./Travis__Laura_Jayne_-_Web_Decision_-_0762837.pdf-I have considered the recommendation of the panel in respect of a sanction. I have also ./Travis__Laura_Jayne_-_Web_Decision_-_0762837.pdf-balanced the public interest considerations both in favour of and against prohibition as ./Travis__Laura_Jayne_-_Web_Decision_-_0762837.pdf-well as the interests of Ms Travis. I have taken into account the Teacher Misconduct – ./Travis__Laura_Jayne_-_Web_Decision_-_0762837.pdf-Prohibition of Teachers Advice, which suggests that a prohibition order may be ./Travis__Laura_Jayne_-_Web_Decision_-_0762837.pdf-appropriate if certain behaviours of a teacher have been proven. In the list of such ./Travis__Laura_Jayne_-_Web_Decision_-_0762837.pdf-behaviours are: ./Travis__Laura_Jayne_-_Web_Decision_-_0762837.pdf- ./Travis__Laura_Jayne_-_Web_Decision_-_0762837.pdf-  serious departure from the personal and professional conduct elements of the ./Travis__Laura_Jayne_-_Web_Decision_-_0762837.pdf- teachers’ standards; ./Travis__Laura_Jayne_-_Web_Decision_-_0762837.pdf-  abuse of position of trust (particularly involving vulnerable pupils); ./Travis__Laura_Jayne_-_Web_Decision_-_0762837.pdf:  sexual misconduct, e.g. involving actions that were sexually motivated or of a ./Travis__Laura_Jayne_-_Web_Decision_-_0762837.pdf: sexual nature and/or that use or exploit the trust, knowledge or influence derived ./Travis__Laura_Jayne_-_Web_Decision_-_0762837.pdf- from the individual’s professional position; ./Travis__Laura_Jayne_-_Web_Decision_-_0762837.pdf-I agree with the panel that each of the above behaviours are shown in this case. ./Travis__Laura_Jayne_-_Web_Decision_-_0762837.pdf- ./Travis__Laura_Jayne_-_Web_Decision_-_0762837.pdf-For the reasons given I support the recommendation that Ms Travis be prohibited. ./Travis__Laura_Jayne_-_Web_Decision_-_0762837.pdf- ./Travis__Laura_Jayne_-_Web_Decision_-_0762837.pdf-I have also carefully considered the matter of a review period. The panel have ./Travis__Laura_Jayne_-_Web_Decision_-_0762837.pdf-recommended that there be no review period. I have taken into account that although Ms ./Travis__Laura_Jayne_-_Web_Decision_-_0762837.pdf-Travis has clearly expressed her remorse and regret, she has shown limited insight into ./Travis__Laura_Jayne_-_Web_Decision_-_0762837.pdf-the potential consequences of her actions on the pupil. I support the view, having taken ./Travis__Laura_Jayne_-_Web_Decision_-_0762837.pdf-account of the guidance that there should be no review period. ./Twort__E_-_Web_decision.pdf-B. Allegations ./Twort__E_-_Web_decision.pdf-The panel considered the allegations set out in the Notice of Proceedings dated 13 ./Twort__E_-_Web_decision.pdf-August 2018. ./Twort__E_-_Web_decision.pdf- ./Twort__E_-_Web_decision.pdf-It was alleged that Miss Emma Tyler Twort was guilty of unacceptable professional ./Twort__E_-_Web_decision.pdf-conduct and/or conduct that may bring the profession into disrepute, in that whilst ./Twort__E_-_Web_decision.pdf-employed as a Teacher at the De Lacy Academy (formally known as the Knottingley High ./Twort__E_-_Web_decision.pdf-School) with responsibility as the Designated Safeguarding Lead; ./Twort__E_-_Web_decision.pdf- ./Twort__E_-_Web_decision.pdf: 1. She did not deal with a serious sexual safeguarding concern appropriately when ./Twort__E_-_Web_decision.pdf- raised on or around 27th March 2017, in that she: ./Twort__E_-_Web_decision.pdf- ./Twort__E_-_Web_decision.pdf- a. did not report the matter to the Police until on or around 3 April 2017; ./Twort__E_-_Web_decision.pdf- ./Twort__E_-_Web_decision.pdf- b. provided information to the family of the alleged victim and/or alleged suspect ./Twort__E_-_Web_decision.pdf- which she should not have provided. ./Twort__E_-_Web_decision.pdf- ./Twort__E_-_Web_decision.pdf- 2. Her conduct as may be found proven at 1.a and/or 1.b above: ./Twort__E_-_Web_decision.pdf- ./Twort__E_-_Web_decision.pdf- a. adversely impacted and/or had the potential to adversely impact the -- ./Twort__E_-_Web_decision.pdf- ./Twort__E_-_Web_decision.pdf-Findings of fact ./Twort__E_-_Web_decision.pdf-Our findings of fact are as follows: ./Twort__E_-_Web_decision.pdf- ./Twort__E_-_Web_decision.pdf-The panel has found the following particulars of the allegations against you proven, for ./Twort__E_-_Web_decision.pdf-these reasons: ./Twort__E_-_Web_decision.pdf- ./Twort__E_-_Web_decision.pdf-Whilst employed as a Teacher at the De Lacy Academy (formally known as the ./Twort__E_-_Web_decision.pdf-Knottingley High School) with responsibility as the Designated Safeguarding Lead; ./Twort__E_-_Web_decision.pdf- ./Twort__E_-_Web_decision.pdf: 1. You did not deal with a serious sexual safeguarding concern appropriately ./Twort__E_-_Web_decision.pdf- when raised on or around 27th March 2017, in that you: ./Twort__E_-_Web_decision.pdf- ./Twort__E_-_Web_decision.pdf- a. did not report the matter to the Police until on or around 3 April 2017 ./Twort__E_-_Web_decision.pdf- ./Twort__E_-_Web_decision.pdf-The panel noted Miss Twort's unequivocal admission to this allegation as set out in the ./Twort__E_-_Web_decision.pdf-Statement of Agreed Facts. ./Twort__E_-_Web_decision.pdf- ./Twort__E_-_Web_decision.pdf-Miss Twort gave oral evidence in respect of this allegation. She confirmed that on 27 ./Twort__E_-_Web_decision.pdf-March 2017, Pupil A had reported to her, via her friend, that during the evening of 24 ./Twort__E_-_Web_decision.pdf-March 2017, she had been raped by Pupil B, also a pupil at the School. ./Van_Loo_Daniel_9450011_Web_Decision_020315.pdf-1. Failed to adhere to professional boundaries and abused your position of trust, in ./Van_Loo_Daniel_9450011_Web_Decision_020315.pdf- that you: ./Van_Loo_Daniel_9450011_Web_Decision_020315.pdf- (a) Engaged in inappropriate social media conversations with a fifteen year old ./Van_Loo_Daniel_9450011_Web_Decision_020315.pdf- female pupil, Student A, whom you previously taught at a former school; ./Van_Loo_Daniel_9450011_Web_Decision_020315.pdf- ./Van_Loo_Daniel_9450011_Web_Decision_020315.pdf- (b) Exchanged photographs of each other with Student A on Snapchat ./Van_Loo_Daniel_9450011_Web_Decision_020315.pdf- ./Van_Loo_Daniel_9450011_Web_Decision_020315.pdf- (c) Encouraged an inappropriate relationship with Student A beyond a normal ./Van_Loo_Daniel_9450011_Web_Decision_020315.pdf- teacher/pupil relationship. ./Van_Loo_Daniel_9450011_Web_Decision_020315.pdf- ./Van_Loo_Daniel_9450011_Web_Decision_020315.pdf:2. And in doing so at paragraph 1 your conduct was sexually motivated. ./Van_Loo_Daniel_9450011_Web_Decision_020315.pdf- ./Van_Loo_Daniel_9450011_Web_Decision_020315.pdf- Mr Van Loo admitted the facts of allegation 1 save that he did not admit that his ./Van_Loo_Daniel_9450011_Web_Decision_020315.pdf- behaviour amounted to an abuse of his position of trust. He denied allegation 2. ./Van_Loo_Daniel_9450011_Web_Decision_020315.pdf- ./Van_Loo_Daniel_9450011_Web_Decision_020315.pdf- Insofar as allegation 1 was admitted, Mr Van Loo also admitted that such ./Van_Loo_Daniel_9450011_Web_Decision_020315.pdf- behaviour amounted to unacceptable professional conduct. ./Van_Loo_Daniel_9450011_Web_Decision_020315.pdf- ./Van_Loo_Daniel_9450011_Web_Decision_020315.pdf-D. Summary of evidence ./Van_Loo_Daniel_9450011_Web_Decision_020315.pdf- ./Van_Loo_Daniel_9450011_Web_Decision_020315.pdf-Documents -- ./Van_Loo_Daniel_9450011_Web_Decision_020315.pdf-The Panel found on the balance of probabilities that the emails, details of which ./Van_Loo_Daniel_9450011_Web_Decision_020315.pdf-were at pages 306 to 307 of the bundle, were exchanged at that time between ./Van_Loo_Daniel_9450011_Web_Decision_020315.pdf-them. The Panel was satisfied that the following exchange took place between ./Van_Loo_Daniel_9450011_Web_Decision_020315.pdf-Mr Van Loo and Student A: ./Van_Loo_Daniel_9450011_Web_Decision_020315.pdf- ./Van_Loo_Daniel_9450011_Web_Decision_020315.pdf-By further reference to the exchanges on Facebook, it can be seen that Student A ./Van_Loo_Daniel_9450011_Web_Decision_020315.pdf-had asked Mr Van Loo whether he had received the email and he confirmed that ./Van_Loo_Daniel_9450011_Web_Decision_020315.pdf-he had replied (page 277). ./Van_Loo_Daniel_9450011_Web_Decision_020315.pdf- ./Van_Loo_Daniel_9450011_Web_Decision_020315.pdf-The Panel was satisfied that Mr Van Loo was referring in these exchanges with ./Van_Loo_Daniel_9450011_Web_Decision_020315.pdf:Student A to dreaming about having sexual relations with her. ./Van_Loo_Daniel_9450011_Web_Decision_020315.pdf- ./Van_Loo_Daniel_9450011_Web_Decision_020315.pdf-The Panel was also satisfied that the exchanges between Mr Van Loo and Student ./Van_Loo_Daniel_9450011_Web_Decision_020315.pdf-A, of which the above was a sample, illustrated an attempt on the part of Mr Van ./Van_Loo_Daniel_9450011_Web_Decision_020315.pdf-Loo to encourage the development of an inappropriate relationship with Student A. ./Van_Loo_Daniel_9450011_Web_Decision_020315.pdf-The Panel rejected Mr Van Loo’s evidence that his aim was to provide support to ./Van_Loo_Daniel_9450011_Web_Decision_020315.pdf-Student A and to enhance her self-esteem. The exchanges simply did not allow ./Van_Loo_Daniel_9450011_Web_Decision_020315.pdf-the Panel to reach such a view. The Panel also rejected Mr Van Loo’s suggestion ./Van_Loo_Daniel_9450011_Web_Decision_020315.pdf-that he felt badgered by Student A and simply wrote what he thought she wanted ./Van_Loo_Daniel_9450011_Web_Decision_020315.pdf-to hear. There were a number of examples where it was Mr Van Loo who ./Van_Loo_Daniel_9450011_Web_Decision_020315.pdf-instigated the contact and this occurred up until 17 October 2013 (page 297). -- ./Van_Loo_Daniel_9450011_Web_Decision_020315.pdf- advantage. The Panel did not consider the fact that Student A was a recent ./Van_Loo_Daniel_9450011_Web_Decision_020315.pdf- former pupil detracted from his responsibilities as a teacher towards Student A ./Van_Loo_Daniel_9450011_Web_Decision_020315.pdf- who was still a 15 year old pupil at Mr Van Loo’s former school. ./Van_Loo_Daniel_9450011_Web_Decision_020315.pdf- ./Van_Loo_Daniel_9450011_Web_Decision_020315.pdf:2. And in doing so at paragraph 1 above your conduct was sexually motivated. ./Van_Loo_Daniel_9450011_Web_Decision_020315.pdf- ./Van_Loo_Daniel_9450011_Web_Decision_020315.pdf- The Panel found this allegation proved. ./Van_Loo_Daniel_9450011_Web_Decision_020315.pdf- ./Van_Loo_Daniel_9450011_Web_Decision_020315.pdf- The Panel repeated and relied on its findings under paragraph 1 above. On the ./Van_Loo_Daniel_9450011_Web_Decision_020315.pdf- basis of those findings, the Panel had found on the balance of probabilities that it ./Van_Loo_Daniel_9450011_Web_Decision_020315.pdf: was proper to infer that Mr Van Loo’s behaviour was sexually motivated. ./Van_Loo_Daniel_9450011_Web_Decision_020315.pdf- ./Van_Loo_Daniel_9450011_Web_Decision_020315.pdf- In reaching its decision, the Panel had considered very carefully all of the evidence ./Van_Loo_Daniel_9450011_Web_Decision_020315.pdf- to include the evidence as to character advanced on behalf of Mr Van Loo and ./Van_Loo_Daniel_9450011_Web_Decision_020315.pdf- took full account of the fact that the relationship had not progressed to a physical ./Van_Loo_Daniel_9450011_Web_Decision_020315.pdf- relationship between him and Student A. Furthermore, the Panel had included in ./Van_Loo_Daniel_9450011_Web_Decision_020315.pdf- its deliberations the likelihood of Mr Van Loo behaving in this way, taking account ./Van_Loo_Daniel_9450011_Web_Decision_020315.pdf- of the risks involved and potential consequences for his career. ./Van_Loo_Daniel_9450011_Web_Decision_020315.pdf- ./Van_Loo_Daniel_9450011_Web_Decision_020315.pdf- The Panel also found that Mr Van Loo had been properly trained in relation to the ./Van_Loo_Daniel_9450011_Web_Decision_020315.pdf- safeguarding policies at Schools A and B and their policies in relation to ./Van_Loo_Daniel_9450011_Web_Decision_020315.pdf- communications with pupils and former pupils. ./Van_Loo_Daniel_9450011_Web_Decision_020315.pdf- ./Van_Loo_Daniel_9450011_Web_Decision_020315.pdf: The Panel was satisfied that the evidence of Mr Van Loo’s conduct being sexually ./Van_Loo_Daniel_9450011_Web_Decision_020315.pdf- motivated was extensive and conclusive. ./Van_Loo_Daniel_9450011_Web_Decision_020315.pdf- ./Van_Loo_Daniel_9450011_Web_Decision_020315.pdf-Findings as to unacceptable professional conduct ./Van_Loo_Daniel_9450011_Web_Decision_020315.pdf-The Panel was satisfied that the misconduct of Mr Van Loo was of a serious nature, ./Van_Loo_Daniel_9450011_Web_Decision_020315.pdf-falling significantly short of the standard expected of a teacher and as such amounted to ./Van_Loo_Daniel_9450011_Web_Decision_020315.pdf-unacceptable professional conduct. The finding that Mr Van Loo had sought to develop a ./Van_Loo_Daniel_9450011_Web_Decision_020315.pdf:relationship with a student which was sexually motivated was extremely serious. In doing ./Van_Loo_Daniel_9450011_Web_Decision_020315.pdf-so, he had failed: ./Van_Loo_Daniel_9450011_Web_Decision_020315.pdf- ./Van_Loo_Daniel_9450011_Web_Decision_020315.pdf-a. To demonstrate consistently high standards of personal and professional conduct: ./Van_Loo_Daniel_9450011_Web_Decision_020315.pdf-b. To treat Student A with dignity and to build a relationship rooted in mutual respect; ./Van_Loo_Daniel_9450011_Web_Decision_020315.pdf-c. To observe proper boundaries appropriate to his position as a teacher; ./Van_Loo_Daniel_9450011_Web_Decision_020315.pdf-d. To have regard for the need to safeguard Student A’s well-being, bearing in mind ./Van_Loo_Daniel_9450011_Web_Decision_020315.pdf- Mr Van Loo’s evidence that Student A was quite a solitary pupil with only a few ./Van_Loo_Daniel_9450011_Web_Decision_020315.pdf- friends; ./Van_Loo_Daniel_9450011_Web_Decision_020315.pdf-e. To comply with the policies and practices of both Schools A and B, of which he ./Van_Loo_Daniel_9450011_Web_Decision_020315.pdf- accepted he was aware, in relation to safeguarding and communication with -- ./Van_Loo_Daniel_9450011_Web_Decision_020315.pdf-The Panel was satisfied that Mr Van Loo’s behaviour was incompatible with being a ./Van_Loo_Daniel_9450011_Web_Decision_020315.pdf-teacher and the Panel relied on the following reasons: ./Van_Loo_Daniel_9450011_Web_Decision_020315.pdf- ./Van_Loo_Daniel_9450011_Web_Decision_020315.pdf- These were serious departures from the personal and professional conduct ./Van_Loo_Daniel_9450011_Web_Decision_020315.pdf- elements of the Teachers’ Standards as outlined above; ./Van_Loo_Daniel_9450011_Web_Decision_020315.pdf- The misconduct ran the risk of seriously affecting the education and well-being of ./Van_Loo_Daniel_9450011_Web_Decision_020315.pdf- Student A; ./Van_Loo_Daniel_9450011_Web_Decision_020315.pdf- This behaviour amounted to an abuse of his position of trust as a teacher; ./Van_Loo_Daniel_9450011_Web_Decision_020315.pdf: The conduct involved behaviour which was sexually motivated and Mr Van Loo ./Van_Loo_Daniel_9450011_Web_Decision_020315.pdf- had exploited his position of trust and influence; ./Van_Loo_Daniel_9450011_Web_Decision_020315.pdf- The actions of Mr Van Loo were deliberate and there was no suggestion that he ./Van_Loo_Daniel_9450011_Web_Decision_020315.pdf- had been acting under duress; ./Van_Loo_Daniel_9450011_Web_Decision_020315.pdf- Mr Van Loo had received safeguarding training on an ongoing basis whilst at ./Van_Loo_Daniel_9450011_Web_Decision_020315.pdf- Schools A and B and the Panel found that, in any event, it should have been ./Van_Loo_Daniel_9450011_Web_Decision_020315.pdf- obvious to a teacher that his behaviour was entirely unacceptable. ./Van_Loo_Daniel_9450011_Web_Decision_020315.pdf- ./Van_Loo_Daniel_9450011_Web_Decision_020315.pdf- ./Van_Loo_Daniel_9450011_Web_Decision_020315.pdf-The Panel had taken into consideration the fact that Mr Van Loo was a person of ./Van_Loo_Daniel_9450011_Web_Decision_020315.pdf-previous good character. It was also recognised that all the evidence suggested that Mr -- ./Van_Loo_Daniel_9450011_Web_Decision_020315.pdf-significant, it bore in mind that the reputation of the profession and the maintenance of ./Van_Loo_Daniel_9450011_Web_Decision_020315.pdf-the public’s trust in the profession was more important than the fortunes of any one ./Van_Loo_Daniel_9450011_Web_Decision_020315.pdf-individual member of the profession. This was the Panel’s recommendation. ./Van_Loo_Daniel_9450011_Web_Decision_020315.pdf- ./Van_Loo_Daniel_9450011_Web_Decision_020315.pdf-The Panel further considered whether to recommend that Mr Van Loo should be able to ./Van_Loo_Daniel_9450011_Web_Decision_020315.pdf-apply for the Prohibition Order to be set aside after a specified period or whether there ./Van_Loo_Daniel_9450011_Web_Decision_020315.pdf-should be no such provision. ./Van_Loo_Daniel_9450011_Web_Decision_020315.pdf- ./Van_Loo_Daniel_9450011_Web_Decision_020315.pdf-On balance, and by a majority, the Panel recommended that Mr Van Loo should be ./Van_Loo_Daniel_9450011_Web_Decision_020315.pdf-entitled to apply for a review of the Prohibition Order after a period of four years has ./Van_Loo_Daniel_9450011_Web_Decision_020315.pdf:elapsed. Whilst serious, and whilst it related to sexual misconduct and the exploitation of ./Van_Loo_Daniel_9450011_Web_Decision_020315.pdf-the trust, knowledge and influence derived from Mr Van Loo’s position as a teacher, a ./Van_Loo_Daniel_9450011_Web_Decision_020315.pdf:physical sexual relationship had not taken place and the evidence suggested that Mr Van ./Van_Loo_Daniel_9450011_Web_Decision_020315.pdf-Loo brought the exchanges to an end as opposed to an intervention by a third party. ./Van_Loo_Daniel_9450011_Web_Decision_020315.pdf- ./Van_Loo_Daniel_9450011_Web_Decision_020315.pdf:There was agreement that this activity was sexually motivated and that there had been ./Van_Loo_Daniel_9450011_Web_Decision_020315.pdf-insufficient insight and remorse. However, the minority view was that there had been ./Van_Loo_Daniel_9450011_Web_Decision_020315.pdf-potential for harm to result from Mr Van Loo’s behaviour and that there was insufficient ./Van_Loo_Daniel_9450011_Web_Decision_020315.pdf-evidence to conclude that there was no risk of a repetition of such behaviour. In the ./Van_Loo_Daniel_9450011_Web_Decision_020315.pdf-circumstances, the minority view was that Mr Van Loo should not be allowed to make a ./Van_Loo_Daniel_9450011_Web_Decision_020315.pdf-future application to have the prohibition reviewed. ./Van_Loo_Daniel_9450011_Web_Decision_020315.pdf- ./Van_Loo_Daniel_9450011_Web_Decision_020315.pdf-The Panel considered that a period of four years was sufficient to mark to the general ./Van_Loo_Daniel_9450011_Web_Decision_020315.pdf-public and the profession that such behaviour was wholly inappropriate. It may also be ./Van_Loo_Daniel_9450011_Web_Decision_020315.pdf-sufficient for Mr Van Loo to demonstrate that, over such a period, he had fully developed ./Van_Loo_Daniel_9450011_Web_Decision_020315.pdf-the attitude and behaviours required to fulfil safeguarding requirements. -- ./Van_Loo_Daniel_9450011_Web_Decision_020315.pdf-I have carefully considered the findings and recommendations of the panel in this case. ./Van_Loo_Daniel_9450011_Web_Decision_020315.pdf-The panel have found the allegations proven and determined that those facts amount to ./Van_Loo_Daniel_9450011_Web_Decision_020315.pdf-unacceptable professional conduct. ./Van_Loo_Daniel_9450011_Web_Decision_020315.pdf- ./Van_Loo_Daniel_9450011_Web_Decision_020315.pdf-The panel is clear that Mr Van Loo’s behaviour was incompatible with being a teacher on ./Van_Loo_Daniel_9450011_Web_Decision_020315.pdf-a number of fronts. They have taken into account that Mr Van Loo was a person of ./Van_Loo_Daniel_9450011_Web_Decision_020315.pdf-previous good character and a capable teacher. However, despite his admissions, the ./Van_Loo_Daniel_9450011_Web_Decision_020315.pdf-panel are of the view that Mr Van Loo has shown limited insight and were not entirely ./Van_Loo_Daniel_9450011_Web_Decision_020315.pdf-convinced by his expressions of remorse. ./Van_Loo_Daniel_9450011_Web_Decision_020315.pdf- ./Van_Loo_Daniel_9450011_Web_Decision_020315.pdf:Mr Van Loo’s behaviour related to sexual misconduct and the panel found his activity to ./Van_Loo_Daniel_9450011_Web_Decision_020315.pdf:be sexually motivated. I agree with the panel’s recommendation that a prohibition order is ./Van_Loo_Daniel_9450011_Web_Decision_020315.pdf-both an appropriate and proportionate sanction. ./Van_Loo_Daniel_9450011_Web_Decision_020315.pdf- ./Van_Loo_Daniel_9450011_Web_Decision_020315.pdf- ./Van_Loo_Daniel_9450011_Web_Decision_020315.pdf- ./Van_Loo_Daniel_9450011_Web_Decision_020315.pdf- 11 ./Van_Loo_Daniel_9450011_Web_Decision_020315.pdf- -- ./Van_Loo_Daniel_9450011_Web_Decision_020315.pdf-The panel have gone on to consider whether a review period is appropriate in this case. ./Van_Loo_Daniel_9450011_Web_Decision_020315.pdf-The majority view of the panel was that, with sufficient time to reflect on his behaviour ./Van_Loo_Daniel_9450011_Web_Decision_020315.pdf:and appropriate training, the risk of repetition could be removed. No sexual relationship ./Van_Loo_Daniel_9450011_Web_Decision_020315.pdf-had taken place and the evidence pointed to Mr Van Loo bringing the exchanges to an ./Van_Loo_Daniel_9450011_Web_Decision_020315.pdf-end rather than as a result of third party intervention. ./Van_Loo_Daniel_9450011_Web_Decision_020315.pdf- ./Van_Loo_Daniel_9450011_Web_Decision_020315.pdf-In the circumstances I agree with the recommendation that Mr Van Loo should be ./Van_Loo_Daniel_9450011_Web_Decision_020315.pdf-allowed to apply for the order to be set aside after a minimum period of 4 years has ./Van_Loo_Daniel_9450011_Web_Decision_020315.pdf-elapsed. ./Van_Loo_Daniel_9450011_Web_Decision_020315.pdf- ./Van_Loo_Daniel_9450011_Web_Decision_020315.pdf-This means that Mr Daniel Van Loo is prohibited from teaching indefinitely and ./Van_Loo_Daniel_9450011_Web_Decision_020315.pdf-cannot teach in any school, sixth form college, relevant youth accommodation or ./Van_Loo_Daniel_9450011_Web_Decision_020315.pdf-children’s home in England. He may apply for the prohibition order to be set aside, but ./Vaughan__Ruth_Christine_-_Web_Decision_-_1154265.pdf- ./Vaughan__Ruth_Christine_-_Web_Decision_-_1154265.pdf- 1. Between June and December 2013, you engaged in an inappropriate relationship ./Vaughan__Ruth_Christine_-_Web_Decision_-_1154265.pdf- with Student A, a current and/or former student at the school, including but not ./Vaughan__Ruth_Christine_-_Web_Decision_-_1154265.pdf- restricted to you: ./Vaughan__Ruth_Christine_-_Web_Decision_-_1154265.pdf- a. Exchanging mobile telephone numbers with student A, ./Vaughan__Ruth_Christine_-_Web_Decision_-_1154265.pdf- b. Sending to and/or receiving from student A text messages, ./Vaughan__Ruth_Christine_-_Web_Decision_-_1154265.pdf- c. Making telephone callings to and/or receiving telephone calls from student ./Vaughan__Ruth_Christine_-_Web_Decision_-_1154265.pdf- A, ./Vaughan__Ruth_Christine_-_Web_Decision_-_1154265.pdf- d. Kissing student A on the lips, ./Vaughan__Ruth_Christine_-_Web_Decision_-_1154265.pdf- e. Kissing student A using your tongue, ./Vaughan__Ruth_Christine_-_Web_Decision_-_1154265.pdf: f. Engaging in sexual activity with student A, ./Vaughan__Ruth_Christine_-_Web_Decision_-_1154265.pdf: g. Having sexual intercourse with student A; ./Vaughan__Ruth_Christine_-_Web_Decision_-_1154265.pdf: 2. Your conduct as set out at paragraph 1 was sexually motivated; ./Vaughan__Ruth_Christine_-_Web_Decision_-_1154265.pdf- 3. On or around 18 September 2013, when questioned by the school, you denied ./Vaughan__Ruth_Christine_-_Web_Decision_-_1154265.pdf: having formed any kind of sexual / inappropriate relationship with student A; ./Vaughan__Ruth_Christine_-_Web_Decision_-_1154265.pdf- 4. Your conduct as set out at paragraph 3 above was dishonest in that you had ./Vaughan__Ruth_Christine_-_Web_Decision_-_1154265.pdf: formed an inappropriate and / or sexual relationship with student A and you lied to ./Vaughan__Ruth_Christine_-_Web_Decision_-_1154265.pdf- conceal this; ./Vaughan__Ruth_Christine_-_Web_Decision_-_1154265.pdf- 5. On 16 November 2013, you attended the Lord Nelson ("the pub") and you: ./Vaughan__Ruth_Christine_-_Web_Decision_-_1154265.pdf- a. bought alcoholic drinks for: ./Vaughan__Ruth_Christine_-_Web_Decision_-_1154265.pdf- i. student B, ./Vaughan__Ruth_Christine_-_Web_Decision_-_1154265.pdf- ii. student C, ./Vaughan__Ruth_Christine_-_Web_Decision_-_1154265.pdf- b. allowed student B and/or student C to consume alcoholic drinks in your ./Vaughan__Ruth_Christine_-_Web_Decision_-_1154265.pdf- presence, ./Vaughan__Ruth_Christine_-_Web_Decision_-_1154265.pdf- c. did not inform the pub that student B and/or student C were: ./Vaughan__Ruth_Christine_-_Web_Decision_-_1154265.pdf- i. under 18; and ./Vaughan__Ruth_Christine_-_Web_Decision_-_1154265.pdf- ii. consuming alcoholic drinks; -- ./Vaughan__Ruth_Christine_-_Web_Decision_-_1154265.pdf-a exchanging mobile telephone numbers with student A, ./Vaughan__Ruth_Christine_-_Web_Decision_-_1154265.pdf- ./Vaughan__Ruth_Christine_-_Web_Decision_-_1154265.pdf-b sending to and/or receiving from student A text messages, ./Vaughan__Ruth_Christine_-_Web_Decision_-_1154265.pdf- ./Vaughan__Ruth_Christine_-_Web_Decision_-_1154265.pdf-c making telephone callings to and/or receiving telephone calls from student A, ./Vaughan__Ruth_Christine_-_Web_Decision_-_1154265.pdf- ./Vaughan__Ruth_Christine_-_Web_Decision_-_1154265.pdf-d kissing student A on the lips, ./Vaughan__Ruth_Christine_-_Web_Decision_-_1154265.pdf- ./Vaughan__Ruth_Christine_-_Web_Decision_-_1154265.pdf-e kissing student A using your tongue ./Vaughan__Ruth_Christine_-_Web_Decision_-_1154265.pdf- ./Vaughan__Ruth_Christine_-_Web_Decision_-_1154265.pdf:f engaging in sexual activity with student A, ./Vaughan__Ruth_Christine_-_Web_Decision_-_1154265.pdf- ./Vaughan__Ruth_Christine_-_Web_Decision_-_1154265.pdf:g having sexual intercourse with student A, ./Vaughan__Ruth_Christine_-_Web_Decision_-_1154265.pdf- ./Vaughan__Ruth_Christine_-_Web_Decision_-_1154265.pdf-Student A gave evidence that, following the school leavers’ ball on 28 June 2013, he and ./Vaughan__Ruth_Christine_-_Web_Decision_-_1154265.pdf-Miss Vaughan exchanged mobile telephone numbers. ./Vaughan__Ruth_Christine_-_Web_Decision_-_1154265.pdf- ./Vaughan__Ruth_Christine_-_Web_Decision_-_1154265.pdf-Miss Vaughan stated that she did not remember passing her mobile number to Student A ./Vaughan__Ruth_Christine_-_Web_Decision_-_1154265.pdf-but stated that he had sent her text messages that evening. She stated that she ./Vaughan__Ruth_Christine_-_Web_Decision_-_1154265.pdf-believed another teacher had passed on her number. ./Vaughan__Ruth_Christine_-_Web_Decision_-_1154265.pdf- ./Vaughan__Ruth_Christine_-_Web_Decision_-_1154265.pdf-The panel has seen the bill for Student A’s mobile phone in which calls and text ./Vaughan__Ruth_Christine_-_Web_Decision_-_1154265.pdf-messages to Miss Vaughan have been itemised from 30 June 2013 until 6 July 2013 and -- ./Vaughan__Ruth_Christine_-_Web_Decision_-_1154265.pdf-order to do this, the panel were of the view that she and Student A must have exchanged ./Vaughan__Ruth_Christine_-_Web_Decision_-_1154265.pdf-numbers. The panel considered it unlikely that another teacher would have provided a ./Vaughan__Ruth_Christine_-_Web_Decision_-_1154265.pdf-mobile number of a colleague to a student. ./Vaughan__Ruth_Christine_-_Web_Decision_-_1154265.pdf- ./Vaughan__Ruth_Christine_-_Web_Decision_-_1154265.pdf-The above evidence led the panel to conclude that sub-paragraphs a – c inclusive were ./Vaughan__Ruth_Christine_-_Web_Decision_-_1154265.pdf-proven on the balance of probabilities. ./Vaughan__Ruth_Christine_-_Web_Decision_-_1154265.pdf- ./Vaughan__Ruth_Christine_-_Web_Decision_-_1154265.pdf-Student A stated that, at 1am, when his school leavers’ ball had ended he and Miss ./Vaughan__Ruth_Christine_-_Web_Decision_-_1154265.pdf-Vaughan kissed on the mouth, with tongues. Student A’s evidence was that that there ./Vaughan__Ruth_Christine_-_Web_Decision_-_1154265.pdf-had been more kissing in the early part of July. He stated that he and Miss Vaughan ./Vaughan__Ruth_Christine_-_Web_Decision_-_1154265.pdf:began a sexual relationship on a date between 15– 27 July, before he went on holiday to ./Vaughan__Ruth_Christine_-_Web_Decision_-_1154265.pdf-Europe. ./Vaughan__Ruth_Christine_-_Web_Decision_-_1154265.pdf- ./Vaughan__Ruth_Christine_-_Web_Decision_-_1154265.pdf- ./Vaughan__Ruth_Christine_-_Web_Decision_-_1154265.pdf- ./Vaughan__Ruth_Christine_-_Web_Decision_-_1154265.pdf- ./Vaughan__Ruth_Christine_-_Web_Decision_-_1154265.pdf- 8 ./Vaughan__Ruth_Christine_-_Web_Decision_-_1154265.pdf- -- ./Vaughan__Ruth_Christine_-_Web_Decision_-_1154265.pdf-Miss Vaughan’s evidence was that Student A had gone to kiss her on the lips by accident ./Vaughan__Ruth_Christine_-_Web_Decision_-_1154265.pdf-when leaving the school leavers’ ball as he was hugging other members of staff and ./Vaughan__Ruth_Christine_-_Web_Decision_-_1154265.pdf-kissing them on the cheek. Miss Vaughan’s evidence was that she and Student A had ./Vaughan__Ruth_Christine_-_Web_Decision_-_1154265.pdf:first kissed and engaged in sexual activity after she returned from Thailand after 28 ./Vaughan__Ruth_Christine_-_Web_Decision_-_1154265.pdf:August 2013t. She stated that they had engaged in sexual intercourse on the first ./Vaughan__Ruth_Christine_-_Web_Decision_-_1154265.pdf-occasion when she visited Student A in his second week of attending University. ./Vaughan__Ruth_Christine_-_Web_Decision_-_1154265.pdf- ./Vaughan__Ruth_Christine_-_Web_Decision_-_1154265.pdf-Both Student A and Miss Vaughan provided evidence that they had kissed and engaged ./Vaughan__Ruth_Christine_-_Web_Decision_-_1154265.pdf:in sexual activity during the time period set out in allegation 1, albeit that they differed in ./Vaughan__Ruth_Christine_-_Web_Decision_-_1154265.pdf-their accounts of precisely when such activity took place. The panel therefore concluded ./Vaughan__Ruth_Christine_-_Web_Decision_-_1154265.pdf-that it was more probable than not that the activity described in sub-paragraphs d – g ./Vaughan__Ruth_Christine_-_Web_Decision_-_1154265.pdf-occurred during the time period set out in allegation 1. The panel therefore found sub- ./Vaughan__Ruth_Christine_-_Web_Decision_-_1154265.pdf-paragraphs d – g proven. ./Vaughan__Ruth_Christine_-_Web_Decision_-_1154265.pdf- ./Vaughan__Ruth_Christine_-_Web_Decision_-_1154265.pdf-The panel went on to consider whether the conduct alleged in paragraphs a – g ./Vaughan__Ruth_Christine_-_Web_Decision_-_1154265.pdf-constituted an inappropriate relationship. The panel had regard to the school’s “Teaching ./Vaughan__Ruth_Christine_-_Web_Decision_-_1154265.pdf-Staff Code of Conduct”. This stated that communication with former pupils on personal ./Vaughan__Ruth_Christine_-_Web_Decision_-_1154265.pdf-social network sites should occur only after 1 September following a student’s departure ./Vaughan__Ruth_Christine_-_Web_Decision_-_1154265.pdf-from the school. Whilst this was a reference to social network sites, the panel considered ./Vaughan__Ruth_Christine_-_Web_Decision_-_1154265.pdf-that the same rationale would also apply to phone communications. Since messages ./Vaughan__Ruth_Christine_-_Web_Decision_-_1154265.pdf-were sent and telephone calls occurred during the summer period, the panel considered ./Vaughan__Ruth_Christine_-_Web_Decision_-_1154265.pdf-this constituted an inappropriate relationship. ./Vaughan__Ruth_Christine_-_Web_Decision_-_1154265.pdf- ./Vaughan__Ruth_Christine_-_Web_Decision_-_1154265.pdf:The panel also considered that the kissing, sexual activity and sexual intercourse ./Vaughan__Ruth_Christine_-_Web_Decision_-_1154265.pdf-constituted an inappropriate relationship. Although Miss Vaughan had not taught Student ./Vaughan__Ruth_Christine_-_Web_Decision_-_1154265.pdf-A, she had contact with him at the combined cadet force (“CCF”), which the deputy head ./Vaughan__Ruth_Christine_-_Web_Decision_-_1154265.pdf-teacher clearly stated was a school activity. Student A was one of the senior members of ./Vaughan__Ruth_Christine_-_Web_Decision_-_1154265.pdf-the CCF and taught lessons to other cadets alongside Miss Vaughan. Regardless of ./Vaughan__Ruth_Christine_-_Web_Decision_-_1154265.pdf-this, Student A, whilst at the school, was a student, and Miss Vaughan was in a position ./Vaughan__Ruth_Christine_-_Web_Decision_-_1154265.pdf-of responsibility, being a teacher. The evidence of Miss Vaughan and Student A was ./Vaughan__Ruth_Christine_-_Web_Decision_-_1154265.pdf:contradictory in terms of when their relationship became sexual. Nevertheless even on ./Vaughan__Ruth_Christine_-_Web_Decision_-_1154265.pdf:Miss Vaughan’s account it is apparent that kissing and sexual activity took place after 28 ./Vaughan__Ruth_Christine_-_Web_Decision_-_1154265.pdf:August and sexual intercourse occurred during Student A’s second week of University. ./Vaughan__Ruth_Christine_-_Web_Decision_-_1154265.pdf-Since the relationship was spawned out of the position of trust that Miss Vaughan had, ./Vaughan__Ruth_Christine_-_Web_Decision_-_1154265.pdf-the panel considered this to be inappropriate. Miss Vaughan accepted during her ./Vaughan__Ruth_Christine_-_Web_Decision_-_1154265.pdf-evidence that it did not make any difference to the appropriateness of the relationship ./Vaughan__Ruth_Christine_-_Web_Decision_-_1154265.pdf-that Student A was no longer at School. She expressed regret that it had ever ./Vaughan__Ruth_Christine_-_Web_Decision_-_1154265.pdf-happened. The relationship was kept secret which indicated that Miss Vaughan at the ./Vaughan__Ruth_Christine_-_Web_Decision_-_1154265.pdf-time understood that it was inappropriate. The Panel therefore found allegation 1 proven. ./Vaughan__Ruth_Christine_-_Web_Decision_-_1154265.pdf- ./Vaughan__Ruth_Christine_-_Web_Decision_-_1154265.pdf:2 Your conduct as set out at paragraph 1 was sexually motivated ./Vaughan__Ruth_Christine_-_Web_Decision_-_1154265.pdf- ./Vaughan__Ruth_Christine_-_Web_Decision_-_1154265.pdf:Since sexual intercourse took place between Miss Vaughan and Student A, the panel ./Vaughan__Ruth_Christine_-_Web_Decision_-_1154265.pdf:considered that it was more likely than not that this activity was sexually motivated. The ./Vaughan__Ruth_Christine_-_Web_Decision_-_1154265.pdf-panel therefore found this allegation proven. ./Vaughan__Ruth_Christine_-_Web_Decision_-_1154265.pdf- ./Vaughan__Ruth_Christine_-_Web_Decision_-_1154265.pdf- 9 ./Vaughan__Ruth_Christine_-_Web_Decision_-_1154265.pdf- -- ./Vaughan__Ruth_Christine_-_Web_Decision_-_1154265.pdf-3 Whilst employed at the school on or around 18 September 2013, when ./Vaughan__Ruth_Christine_-_Web_Decision_-_1154265.pdf:questioned by the school, you denied having formed any kind of sexual / ./Vaughan__Ruth_Christine_-_Web_Decision_-_1154265.pdf-inappropriate relationship with student A; ./Vaughan__Ruth_Christine_-_Web_Decision_-_1154265.pdf- ./Vaughan__Ruth_Christine_-_Web_Decision_-_1154265.pdf-The meeting file note of 18 September 2013 states that “Ruth said that she had never ./Vaughan__Ruth_Christine_-_Web_Decision_-_1154265.pdf-had any form of relationship with [Student A]”. ./Vaughan__Ruth_Christine_-_Web_Decision_-_1154265.pdf- ./Vaughan__Ruth_Christine_-_Web_Decision_-_1154265.pdf-In oral evidence, Miss Vaughan stated that, during this meeting, she had been asked a ./Vaughan__Ruth_Christine_-_Web_Decision_-_1154265.pdf:question as to whether she had had sex with Student A at the end of the school leavers’ ./Vaughan__Ruth_Christine_-_Web_Decision_-_1154265.pdf-ball or at the end of the concert, which the panel understood to have taken place the on ./Vaughan__Ruth_Christine_-_Web_Decision_-_1154265.pdf-the evening prior to the school leavers’ ball. She stated that she was also asked if she ./Vaughan__Ruth_Christine_-_Web_Decision_-_1154265.pdf-had been in contact with Student A since then. She stated that she had said no, since ./Vaughan__Ruth_Christine_-_Web_Decision_-_1154265.pdf:sexual intercourse had not taken place by the time of the school leavers’ ball, and that ./Vaughan__Ruth_Christine_-_Web_Decision_-_1154265.pdf-she was not, at the time that the question was posed, in contact with Student A. ./Vaughan__Ruth_Christine_-_Web_Decision_-_1154265.pdf- ./Vaughan__Ruth_Christine_-_Web_Decision_-_1154265.pdf-On the balance of probabilities the panel preferred the evidence set out in the meeting ./Vaughan__Ruth_Christine_-_Web_Decision_-_1154265.pdf-file note, since Miss Vaughan had the motivation to present to the panel a narrower ./Vaughan__Ruth_Christine_-_Web_Decision_-_1154265.pdf-interpretation of the question as referring only to a specific time period. The panel ./Vaughan__Ruth_Christine_-_Web_Decision_-_1154265.pdf-considered that it was more likely than not that the school was interested in whether a ./Vaughan__Ruth_Christine_-_Web_Decision_-_1154265.pdf-relationship had occurred at all. ./Vaughan__Ruth_Christine_-_Web_Decision_-_1154265.pdf- ./Vaughan__Ruth_Christine_-_Web_Decision_-_1154265.pdf:It was apparent to the panel from the meeting file note that she had denied that a sexual/ ./Vaughan__Ruth_Christine_-_Web_Decision_-_1154265.pdf-inappropriate relationship had taken place. The panel therefore found this allegation ./Vaughan__Ruth_Christine_-_Web_Decision_-_1154265.pdf-proven. ./Vaughan__Ruth_Christine_-_Web_Decision_-_1154265.pdf- ./Vaughan__Ruth_Christine_-_Web_Decision_-_1154265.pdf-4 Whilst employed at the school your conduct as set out at paragraph 3 above was ./Vaughan__Ruth_Christine_-_Web_Decision_-_1154265.pdf:dishonest in that you had formed an inappropriate and / or sexual relationship with ./Vaughan__Ruth_Christine_-_Web_Decision_-_1154265.pdf-Student A and you lied to conceal this; ./Vaughan__Ruth_Christine_-_Web_Decision_-_1154265.pdf- ./Vaughan__Ruth_Christine_-_Web_Decision_-_1154265.pdf-It was apparent to the panel that Miss Vaughan had denied this relationship despite it ./Vaughan__Ruth_Christine_-_Web_Decision_-_1154265.pdf:being the case that, on Miss Vaughan’s own evidence, sexual activity had taken place. ./Vaughan__Ruth_Christine_-_Web_Decision_-_1154265.pdf- ./Vaughan__Ruth_Christine_-_Web_Decision_-_1154265.pdf-The panel went on to consider whether Miss Vaughan’s actions were dishonest. The ./Vaughan__Ruth_Christine_-_Web_Decision_-_1154265.pdf-Panel received advice that there was a further requirement to consider two questions ./Vaughan__Ruth_Christine_-_Web_Decision_-_1154265.pdf-when deciding whether Miss Vaughan’s actions were dishonest. ./Vaughan__Ruth_Christine_-_Web_Decision_-_1154265.pdf- ./Vaughan__Ruth_Christine_-_Web_Decision_-_1154265.pdf-The panel was advised that the first limb of the traditional test to which panels are ./Vaughan__Ruth_Christine_-_Web_Decision_-_1154265.pdf-referred is “whether the panel is satisfied on the balance of probabilities that Miss ./Vaughan__Ruth_Christine_-_Web_Decision_-_1154265.pdf-Vaughan’s actions would be regarded as dishonest according to the standards of ./Vaughan__Ruth_Christine_-_Web_Decision_-_1154265.pdf-ordinary and reasonable people”. ./Vaughan__Ruth_Christine_-_Web_Decision_-_1154265.pdf- -- ./Vaughan__Ruth_Christine_-_Web_Decision_-_1154265.pdf-In the list of such behaviours, those that the panel considered are relevant in this case ./Vaughan__Ruth_Christine_-_Web_Decision_-_1154265.pdf-are as set out below. However, in each case, the panel carefully considered the extent to ./Vaughan__Ruth_Christine_-_Web_Decision_-_1154265.pdf-which each factor is relevant. ./Vaughan__Ruth_Christine_-_Web_Decision_-_1154265.pdf- ./Vaughan__Ruth_Christine_-_Web_Decision_-_1154265.pdf-Serious departure from the personal and professional conduct elements of the Teachers’ ./Vaughan__Ruth_Christine_-_Web_Decision_-_1154265.pdf-Standards ./Vaughan__Ruth_Christine_-_Web_Decision_-_1154265.pdf- ./Vaughan__Ruth_Christine_-_Web_Decision_-_1154265.pdf-Given the findings of unacceptable professional conduct, which involved breaches of ./Vaughan__Ruth_Christine_-_Web_Decision_-_1154265.pdf-Teachers’ Standards, this factor is a relevant one. However, although serious, the panel ./Vaughan__Ruth_Christine_-_Web_Decision_-_1154265.pdf-did consider the conduct of Miss Vaughan to be at the lower end of the possible ./Vaughan__Ruth_Christine_-_Web_Decision_-_1154265.pdf:spectrum, given that there was no evidence of grooming. There was no evidence that ./Vaughan__Ruth_Christine_-_Web_Decision_-_1154265.pdf-Miss Vaughan had taught Student A, although she did come into contact with him during ./Vaughan__Ruth_Christine_-_Web_Decision_-_1154265.pdf-their CCF activities, in which Miss Vaughan had a role as an instructor, and Student A as ./Vaughan__Ruth_Christine_-_Web_Decision_-_1154265.pdf-a cadet and trainee instructor. ./Vaughan__Ruth_Christine_-_Web_Decision_-_1154265.pdf- ./Vaughan__Ruth_Christine_-_Web_Decision_-_1154265.pdf-Abuse of position or trust (particularly involving vulnerable pupils) or violation of the rights ./Vaughan__Ruth_Christine_-_Web_Decision_-_1154265.pdf-of pupils ./Vaughan__Ruth_Christine_-_Web_Decision_-_1154265.pdf- ./Vaughan__Ruth_Christine_-_Web_Decision_-_1154265.pdf-The panel considered that Miss Vaughan’s relationship with Student A was borne out of ./Vaughan__Ruth_Christine_-_Web_Decision_-_1154265.pdf-the position of trust that Miss Vaughan was in. However, there was no indication that ./Vaughan__Ruth_Christine_-_Web_Decision_-_1154265.pdf-Student A was vulnerable. There was no evidence that the relationship had started prior -- ./Vaughan__Ruth_Christine_-_Web_Decision_-_1154265.pdf-The panel has found two instances of dishonesty. In relation to the questions asked ./Vaughan__Ruth_Christine_-_Web_Decision_-_1154265.pdf:about her sexual/ inappropriate relationship with Student A, Miss Vaughan gave oral ./Vaughan__Ruth_Christine_-_Web_Decision_-_1154265.pdf-evidence that she had later informed the head teacher that she hadn’t previously been ./Vaughan__Ruth_Christine_-_Web_Decision_-_1154265.pdf-completely honest, although the panel were not able to verify this with the Head who was ./Vaughan__Ruth_Christine_-_Web_Decision_-_1154265.pdf-not a witness in these proceedings. Miss Vaughan told the panel under oath that she ./Vaughan__Ruth_Christine_-_Web_Decision_-_1154265.pdf-believed that she had given a truthful answer at the time of being questioned, and that ./Vaughan__Ruth_Christine_-_Web_Decision_-_1154265.pdf-the question put to her was narrowly framed. The panel were concerned by this, since it ./Vaughan__Ruth_Christine_-_Web_Decision_-_1154265.pdf-had found that Miss Vaughan had denied any form of relationship with Student A. ./Vaughan__Ruth_Christine_-_Web_Decision_-_1154265.pdf:Nevertheless, Miss Vaughan has told the Panel that a sexual relationship did take place. ./Vaughan__Ruth_Christine_-_Web_Decision_-_1154265.pdf-With regard to the dishonesty in respect of the contact with Student C on facebook, ./Vaughan__Ruth_Christine_-_Web_Decision_-_1154265.pdf-although this just crossed the threshold for unacceptable professional conduct, the panel ./Vaughan__Ruth_Christine_-_Web_Decision_-_1154265.pdf-did not consider that it had had serious consequences for Student B or C. The panel was ./Vaughan__Ruth_Christine_-_Web_Decision_-_1154265.pdf-conscious that it did not have evidence of the full facebook exchange between Student C ./Vaughan__Ruth_Christine_-_Web_Decision_-_1154265.pdf-and Miss Vaughan nor evidence of who had initiated the exchange. Whilst there was ./Vaughan__Ruth_Christine_-_Web_Decision_-_1154265.pdf-sufficient evidence of dishonesty, the panel therefore did not have the full context of the ./Vaughan__Ruth_Christine_-_Web_Decision_-_1154265.pdf-comments made. Nevertheless, the panel noted that this was the second occasion on ./Vaughan__Ruth_Christine_-_Web_Decision_-_1154265.pdf-which Miss Vaughan had acted dishonestly. ./Vaughan__Ruth_Christine_-_Web_Decision_-_1154265.pdf:Sexual misconduct, eg involving actions that were sexually motivated or of a sexual ./Vaughan__Ruth_Christine_-_Web_Decision_-_1154265.pdf-nature and/or that use or exploit the trust, knowledge or influence derived from the ./Vaughan__Ruth_Christine_-_Web_Decision_-_1154265.pdf-individual’s professional position ./Vaughan__Ruth_Christine_-_Web_Decision_-_1154265.pdf:The panel has found Miss Vaughan’s actions to have been sexually motivated since she ./Vaughan__Ruth_Christine_-_Web_Decision_-_1154265.pdf:engaged in sexual intercourse with Student A. However, as referred to above the panel ./Vaughan__Ruth_Christine_-_Web_Decision_-_1154265.pdf-considered the conduct of Miss Vaughan to be at the lower end of the possible spectrum. ./Vaughan__Ruth_Christine_-_Web_Decision_-_1154265.pdf:There was no evidence of grooming, nor any evidence that the relationship had started ./Vaughan__Ruth_Christine_-_Web_Decision_-_1154265.pdf-prior to Student A leaving the school, albeit that it commenced shortly afterwards. ./Vaughan__Ruth_Christine_-_Web_Decision_-_1154265.pdf- ./Vaughan__Ruth_Christine_-_Web_Decision_-_1154265.pdf-Even though there were behaviours that would point to a prohibition order being ./Vaughan__Ruth_Christine_-_Web_Decision_-_1154265.pdf-appropriate, the panel went on to consider whether or not there were sufficient mitigating ./Vaughan__Ruth_Christine_-_Web_Decision_-_1154265.pdf-factors against a prohibition order being an appropriate and proportionate measure to ./Vaughan__Ruth_Christine_-_Web_Decision_-_1154265.pdf-impose, particularly taking into account the nature and severity of the behaviour in this ./Vaughan__Ruth_Christine_-_Web_Decision_-_1154265.pdf-case. There was no evidence that Miss Vaughan’s actions were not deliberate, nor to ./Vaughan__Ruth_Christine_-_Web_Decision_-_1154265.pdf-suggest that she was acting under duress. ./Vaughan__Ruth_Christine_-_Web_Decision_-_1154265.pdf- ./Vaughan__Ruth_Christine_-_Web_Decision_-_1154265.pdf-Miss Vaughan does have a previous good record, although the panel heard oral -- ./Vaughan__Ruth_Christine_-_Web_Decision_-_1154265.pdf-her level of insight. Accordingly, the panel makes a recommendation to the Secretary of ./Vaughan__Ruth_Christine_-_Web_Decision_-_1154265.pdf-State that a prohibition order should be imposed with immediate effect. ./Vaughan__Ruth_Christine_-_Web_Decision_-_1154265.pdf- ./Vaughan__Ruth_Christine_-_Web_Decision_-_1154265.pdf-The panel went on to consider whether or not it would be appropriate for them to decide ./Vaughan__Ruth_Christine_-_Web_Decision_-_1154265.pdf-to recommend that a review period of the order should be considered. The panel was ./Vaughan__Ruth_Christine_-_Web_Decision_-_1154265.pdf-mindful that the Teacher Misconduct – Prohibition of Teachers Advice advises that a ./Vaughan__Ruth_Christine_-_Web_Decision_-_1154265.pdf-prohibition order applies for life, but there may be circumstances in any given case that ./Vaughan__Ruth_Christine_-_Web_Decision_-_1154265.pdf-may make it appropriate to allow a teacher to apply to have the prohibition order ./Vaughan__Ruth_Christine_-_Web_Decision_-_1154265.pdf-reviewed after a specified period of time that may not be less than two years. ./Vaughan__Ruth_Christine_-_Web_Decision_-_1154265.pdf- ./Vaughan__Ruth_Christine_-_Web_Decision_-_1154265.pdf:Whilst inappropriate, the relationship with Student A had not begun with any grooming ./Vaughan__Ruth_Christine_-_Web_Decision_-_1154265.pdf-whilst Student A was a pupil. Miss Vaughan was an inexperienced teacher, and with ./Vaughan__Ruth_Christine_-_Web_Decision_-_1154265.pdf-experience the panel considered that she may be able to demonstrate an ability to define ./Vaughan__Ruth_Christine_-_Web_Decision_-_1154265.pdf-appropriate boundaries, rendering her safe to return to practice. At present the Panel did ./Vaughan__Ruth_Christine_-_Web_Decision_-_1154265.pdf-not consider she has sufficient insight, but that she would benefit from a period of ./Vaughan__Ruth_Christine_-_Web_Decision_-_1154265.pdf-reflection. The panel felt the findings indicated a situation in which a review period would ./Vaughan__Ruth_Christine_-_Web_Decision_-_1154265.pdf-be appropriate. ./Vaughan__Ruth_Christine_-_Web_Decision_-_1154265.pdf- ./Vaughan__Ruth_Christine_-_Web_Decision_-_1154265.pdf- ./Vaughan__Ruth_Christine_-_Web_Decision_-_1154265.pdf- 18 ./Vaughan__Ruth_Christine_-_Web_Decision_-_1154265.pdf- -- ./Vaughan__Ruth_Christine_-_Web_Decision_-_1154265.pdf-recommendations made by the panel in this case both in respect of sanction and review ./Vaughan__Ruth_Christine_-_Web_Decision_-_1154265.pdf-period. ./Vaughan__Ruth_Christine_-_Web_Decision_-_1154265.pdf- ./Vaughan__Ruth_Christine_-_Web_Decision_-_1154265.pdf-I have also read carefully the guidance published by the Secretary of State and have ./Vaughan__Ruth_Christine_-_Web_Decision_-_1154265.pdf-taken into account the need to balance the public interest with the interest of the teacher. ./Vaughan__Ruth_Christine_-_Web_Decision_-_1154265.pdf-I have taken into account the need to be proportionate. ./Vaughan__Ruth_Christine_-_Web_Decision_-_1154265.pdf- ./Vaughan__Ruth_Christine_-_Web_Decision_-_1154265.pdf-This is a case in which the teacher has breached acceptable boundaries and has also ./Vaughan__Ruth_Christine_-_Web_Decision_-_1154265.pdf-been dishonest about her actions. These are both serious matters. ./Vaughan__Ruth_Christine_-_Web_Decision_-_1154265.pdf- ./Vaughan__Ruth_Christine_-_Web_Decision_-_1154265.pdf:However the panel are clear that this case did not involve any sort of grooming and that ./Vaughan__Ruth_Christine_-_Web_Decision_-_1154265.pdf-the activities all took place after the student had finished school. ./Vaughan__Ruth_Christine_-_Web_Decision_-_1154265.pdf- ./Vaughan__Ruth_Christine_-_Web_Decision_-_1154265.pdf-Nonetheless the findings are serious. It is clear that Miss Vaughan’s behaviours are in ./Vaughan__Ruth_Christine_-_Web_Decision_-_1154265.pdf-breach of the following standards; ./Vaughan__Ruth_Christine_-_Web_Decision_-_1154265.pdf- ./Vaughan__Ruth_Christine_-_Web_Decision_-_1154265.pdf-  Teachers uphold public trust in the profession and maintain high standards of ./Vaughan__Ruth_Christine_-_Web_Decision_-_1154265.pdf- ethics and behaviour, within and outside school, by ./Vaughan__Ruth_Christine_-_Web_Decision_-_1154265.pdf- treating pupils with dignity, building relationships rooted in mutual respect, ./Vaughan__Ruth_Christine_-_Web_Decision_-_1154265.pdf- and at all times observing proper boundaries appropriate to a teacher’s ./Vaughan__Ruth_Christine_-_Web_Decision_-_1154265.pdf- professional position; ./Wallace__G_Web_decision__new_.pdf- between 2008 and 2013 without written quotations or governors’ approval. ./Wallace__G_Web_decision__new_.pdf- ./Wallace__G_Web_decision__new_.pdf- 2. Did not declare in writing to the Best Start Federation before 2012 the conflict of ./Wallace__G_Web_decision__new_.pdf- interest he had in respect of C2 Technology Ltd, the principal director and ./Wallace__G_Web_decision__new_.pdf- shareholder of which, Individual TZ, was known to him by means of a close ./Wallace__G_Web_decision__new_.pdf- personal relationship, such conflict of interest being established by the fact that: ./Wallace__G_Web_decision__new_.pdf- ./Wallace__G_Web_decision__new_.pdf- a. He was appointed as the registered Company Secretary of C2 Technology ./Wallace__G_Web_decision__new_.pdf- Ltd over a 5 year period between 27 July 1999 and 25 March 2004; and/or ./Wallace__G_Web_decision__new_.pdf- ./Wallace__G_Web_decision__new_.pdf: b. His relationship with Individual TZ was at times of a sexual nature including ./Wallace__G_Web_decision__new_.pdf- during a period before 2008 and from Summer 2012 onwards; and/or ./Wallace__G_Web_decision__new_.pdf- ./Wallace__G_Web_decision__new_.pdf- c. He invited Individual TZ to submit invoices for work done at BSF, including ./Wallace__G_Web_decision__new_.pdf- by e-mailing in January 2009 stating “I am going to fwd newsletters. ./Wallace__G_Web_decision__new_.pdf- Obviously you don’t really have to do it now. And you shd charge for last ./Wallace__G_Web_decision__new_.pdf- week and this because some of it is research time. I have got loads of ./Wallace__G_Web_decision__new_.pdf- things for you to look into and you can list them all on the invoice”; and/or ./Wallace__G_Web_decision__new_.pdf- ./Wallace__G_Web_decision__new_.pdf- d. He recommended to the Governing Body in April 2011 that C2 Technology ./Wallace__G_Web_decision__new_.pdf- Ltd be used to fit out a new ICT suite at Whitmore School and did not -- ./Wallace__G_Web_decision__new_.pdf- a. You were appointed as the registered Company Secretary of C2 ./Wallace__G_Web_decision__new_.pdf- Technology Ltd over a 5 year period between 27 July 1999 and 25 ./Wallace__G_Web_decision__new_.pdf- March 2004; and/or ./Wallace__G_Web_decision__new_.pdf- ./Wallace__G_Web_decision__new_.pdf: b. Your relationship with Individual TZ was at times of a sexual nature ./Wallace__G_Web_decision__new_.pdf- including during a period before 2008 and from Summer 2012 ./Wallace__G_Web_decision__new_.pdf- onwards; and/or ./Wallace__G_Web_decision__new_.pdf- ./Wallace__G_Web_decision__new_.pdf- c. You invited Individual TZ to submit invoices for work done at BSF, ./Wallace__G_Web_decision__new_.pdf- including by e-mailing them in January 2009 stating “I am going to fwd ./Wallace__G_Web_decision__new_.pdf- newsletters. Obviously you don’t really have to do it now. And you shd ./Wallace__G_Web_decision__new_.pdf- charge for last week and this because some of it is research time. I ./Wallace__G_Web_decision__new_.pdf- have got loads of things for you to look into and you can list them all ./Wallace__G_Web_decision__new_.pdf- on the invoice”; and/or ./Wallace__G_Web_decision__new_.pdf- -- ./Wallace__G_Web_decision__new_.pdf: b. It was not disputed that Mr Wallace was involved in a sexual relationship with TZ ./Wallace__G_Web_decision__new_.pdf- prior to 2002 and after August 2012 and that they remained close friends ./Wallace__G_Web_decision__new_.pdf- between those times. Nevertheless, the panel were provided with emails ./Wallace__G_Web_decision__new_.pdf- between Mr Wallace and TZ at pages 294 to 357, which evidenced a close ./Wallace__G_Web_decision__new_.pdf- relationship between them. ./Wallace__G_Web_decision__new_.pdf- ./Wallace__G_Web_decision__new_.pdf- c. As regards item c. in the list, the panel were referred to an email at page 302 of ./Wallace__G_Web_decision__new_.pdf- the bundle, in which Mr Wallace wrote to TZ, as indicated in the allegation, ‘you ./Wallace__G_Web_decision__new_.pdf- shd [sic] charge for last week and this because some of it is research time. I have ./Wallace__G_Web_decision__new_.pdf- got loads of things for you to look into and you can list them all on the invoice’. ./Wallace__G_Web_decision__new_.pdf- ./Warren_D_-_Web_Decision.pdf-prohibition order. ./Warren_D_-_Web_Decision.pdf- ./Warren_D_-_Web_Decision.pdf-In carrying out the balancing exercise the panel has considered the public interest ./Warren_D_-_Web_Decision.pdf-considerations both in favour of and against prohibition as well as the interests of Mr ./Warren_D_-_Web_Decision.pdf-Warren. The panel took further account of the Advice, which suggests that a prohibition ./Warren_D_-_Web_Decision.pdf-order may be appropriate if certain behaviours of a teacher have been proven. Although ./Warren_D_-_Web_Decision.pdf-the panel considered the breaches of the Standards to be serious, it did not consider Mr ./Warren_D_-_Web_Decision.pdf-Warren's behaviour to be incompatible with him continuing to be a teacher. ./Warren_D_-_Web_Decision.pdf- ./Warren_D_-_Web_Decision.pdf-Mr Warren's conduct did not seriously affect the education or well-being of pupils, did not ./Warren_D_-_Web_Decision.pdf:involve any serious abuse of position or trust and did not involve sexual misconduct or ./Warren_D_-_Web_Decision.pdf-any criminal behaviour. He was acting in support of a vulnerable student as her ./Warren_D_-_Web_Decision.pdf-'significant adult' – these were actions that the student's mother has supported. His error ./Warren_D_-_Web_Decision.pdf- ./Warren_D_-_Web_Decision.pdf- 7 ./Warren_D_-_Web_Decision.pdf- ./Weber_K_-_Web_Decision.pdf- consent from the appropriate individual at the Academy; ./Weber_K_-_Web_Decision.pdf- ./Weber_K_-_Web_Decision.pdf- c. In relation to Pupil C: ./Weber_K_-_Web_Decision.pdf- ./Weber_K_-_Web_Decision.pdf- i. Sent and/or received Facebook messages to/from him which ./Weber_K_-_Web_Decision.pdf- included saying that he had waited up until midnight to wish Pupil C ./Weber_K_-_Web_Decision.pdf- a happy birthday; ./Weber_K_-_Web_Decision.pdf- ./Weber_K_-_Web_Decision.pdf- 2. Whilst a teacher at Bishop Walsh Catholic School (the “School”) he: ./Weber_K_-_Web_Decision.pdf- ./Weber_K_-_Web_Decision.pdf: a. Posted inappropriate Facebook posts which included content of a sexual ./Weber_K_-_Web_Decision.pdf- nature; ./Weber_K_-_Web_Decision.pdf- ./Weber_K_-_Web_Decision.pdf- ./Weber_K_-_Web_Decision.pdf- ./Weber_K_-_Web_Decision.pdf- 4 ./Weber_K_-_Web_Decision.pdf- -- ./Weber_K_-_Web_Decision.pdf-E. Decision and reasons ./Weber_K_-_Web_Decision.pdf-The panel announced its decision and reasons as follows: ./Weber_K_-_Web_Decision.pdf- ./Weber_K_-_Web_Decision.pdf-We have carefully considered the case before us and have reached a decision. ./Weber_K_-_Web_Decision.pdf- ./Weber_K_-_Web_Decision.pdf-We confirm that we have read all the documents provided in the bundle in advance of the ./Weber_K_-_Web_Decision.pdf-hearing and those documents produced during the hearing. ./Weber_K_-_Web_Decision.pdf- ./Weber_K_-_Web_Decision.pdf-Mr Weber commenced employment at the Bishop Walsh Catholic School (the “School”) ./Weber_K_-_Web_Decision.pdf-in September 2002. During his time at the School it was alleged that he posted ./Weber_K_-_Web_Decision.pdf:inappropriate material on Facebook which included content of a sexual nature. It was ./Weber_K_-_Web_Decision.pdf-alleged that Mr Weber also conversed via Facebook with former pupils of the School in ./Weber_K_-_Web_Decision.pdf-relation to his Facebook posts. The headteacher was made aware of this through ./Weber_K_-_Web_Decision.pdf-Individual A who was the School Chaplain. Mr Weber stopped working at the School in ./Weber_K_-_Web_Decision.pdf-August 2014. ./Weber_K_-_Web_Decision.pdf- ./Weber_K_-_Web_Decision.pdf-Mr Weber commenced employment at the Academy on 1 September 2014. It was ./Weber_K_-_Web_Decision.pdf-alleged that during his time at the Academy he sent and/or received personal text ./Weber_K_-_Web_Decision.pdf-messages to/from Pupil A including at weekends, evenings and in the early hours of the ./Weber_K_-_Web_Decision.pdf-morning. Between September 2014 and April 2016 Mr Weber allegedly sent Pupil A ./Weber_K_-_Web_Decision.pdf- -- ./Weber_K_-_Web_Decision.pdf-of the allegation does not accurately reflect the evidence given. The panel accepts, on ./Weber_K_-_Web_Decision.pdf-the evidence, that Mr Weber did wish Pupil C a happy birthday and that this was after ./Weber_K_-_Web_Decision.pdf-midnight. However, the panel does not believe, on the evidence presented and on a ./Weber_K_-_Web_Decision.pdf-balance of probabilities, that Mr Weber sent a message to Pupil C which stated he ‘had ./Weber_K_-_Web_Decision.pdf-waited up until midnight to wish Pupil C a happy birthday’ and therefore has found the ./Weber_K_-_Web_Decision.pdf-allegation not proven. ./Weber_K_-_Web_Decision.pdf- ./Weber_K_-_Web_Decision.pdf- 2. Whilst a teacher at Bishop Walsh Catholic School (“the School”) you: ./Weber_K_-_Web_Decision.pdf- ./Weber_K_-_Web_Decision.pdf- a. Posted inappropriate Facebook posts which included content of a ./Weber_K_-_Web_Decision.pdf: sexual nature; ./Weber_K_-_Web_Decision.pdf- ./Weber_K_-_Web_Decision.pdf-The allegation has been admitted and is supported by evidence found within the bundle ./Weber_K_-_Web_Decision.pdf-and therefore is found proven. The panel used its experience and knowledge as to ./Weber_K_-_Web_Decision.pdf-whether this did or did not cross professional boundaries and found that it did. ./Weber_K_-_Web_Decision.pdf- ./Weber_K_-_Web_Decision.pdf- b. Conversed via Facebook with former pupils of the School in relation ./Weber_K_-_Web_Decision.pdf- to these posts; ./Weber_K_-_Web_Decision.pdf- ./Weber_K_-_Web_Decision.pdf- ./Weber_K_-_Web_Decision.pdf- ./Web_Decision-_McCarthy_Michael.pdf- ii) awarding her grades which were better than her academic performance; ./Web_Decision-_McCarthy_Michael.pdf- iii) giving her answers to a science test whilst she was sitting it; ./Web_Decision-_McCarthy_Michael.pdf- iv) telling her that ‘other pupils were jealous’ of her; ./Web_Decision-_McCarthy_Michael.pdf- v) telling her personal information about other teachers at the school; ./Web_Decision-_McCarthy_Michael.pdf- vi) offering to drive her in his car; ./Web_Decision-_McCarthy_Michael.pdf- b) treated her harshly in public situations including: ./Web_Decision-_McCarthy_Michael.pdf- i) humiliating her in front of other pupils; ./Web_Decision-_McCarthy_Michael.pdf- ii) encouraging other pupils to bully her; ./Web_Decision-_McCarthy_Michael.pdf- iii) making derogatory comments about her to other pupils; ./Web_Decision-_McCarthy_Michael.pdf- iv) making derogatory comments about her to other teachers at the school; ./Web_Decision-_McCarthy_Michael.pdf: c) engaged in conversations of a sexual nature with her; ./Web_Decision-_McCarthy_Michael.pdf- d) called her a “nymph”; ./Web_Decision-_McCarthy_Michael.pdf- e) gave her his personal telephone number; ./Web_Decision-_McCarthy_Michael.pdf- f) took her to his home where he: ./Web_Decision-_McCarthy_Michael.pdf- i) gave her alcohol; ./Web_Decision-_McCarthy_Michael.pdf- ii) kissed her; ./Web_Decision-_McCarthy_Michael.pdf: iii) engaged in sexual contact with her on approximately 5 to 20 occasions; ./Web_Decision-_McCarthy_Michael.pdf: iv) engaged in sexual intercourse with her on approximately 3 or more ./Web_Decision-_McCarthy_Michael.pdf- ./Web_Decision-_McCarthy_Michael.pdf- 4 ./Web_Decision-_McCarthy_Michael.pdf- -- ./Web_Decision-_McCarthy_Michael.pdf- occasions; ./Web_Decision-_McCarthy_Michael.pdf: v) directed her to lick up his semen after he had had sexual intercourse with ./Web_Decision-_McCarthy_Michael.pdf- her. ./Web_Decision-_McCarthy_Michael.pdf-2) Had an inappropriate relationship with Pupil E in that he: ./Web_Decision-_McCarthy_Michael.pdf- i) kissed her on school premises; ./Web_Decision-_McCarthy_Michael.pdf- ii) allowed her to visit his home; ./Web_Decision-_McCarthy_Michael.pdf: iii) engaged in sexual intercourse with her whilst she was aged 16. ./Web_Decision-_McCarthy_Michael.pdf-3) When applying to work at Academy A, he failed to disclose on your application form ./Web_Decision-_McCarthy_Michael.pdf- that: ./Web_Decision-_McCarthy_Michael.pdf- ./Web_Decision-_McCarthy_Michael.pdf- a) he had worked at Comprehensive A; ./Web_Decision-_McCarthy_Michael.pdf- b) he had worked at Academy B: ./Web_Decision-_McCarthy_Michael.pdf- c) he had worked at the School; ./Web_Decision-_McCarthy_Michael.pdf- d) he had been dismissed from the School for gross misconduct; ./Web_Decision-_McCarthy_Michael.pdf- e) he had been investigated by the Police on matters of a safeguarding nature. ./Web_Decision-_McCarthy_Michael.pdf- ./Web_Decision-_McCarthy_Michael.pdf-4) Whilst employed at Academy A, he acted inappropriately towards one or more pupils -- ./Web_Decision-_McCarthy_Michael.pdf-referral to the secretary of state, it appears that the information available to him may have ./Web_Decision-_McCarthy_Michael.pdf-been limited, there is no indication that he invited representations, or otherwise that he ./Web_Decision-_McCarthy_Michael.pdf-assessed the matter on its merits. Whilst its view as to the merits of the substantive claim ./Web_Decision-_McCarthy_Michael.pdf-remains entirely open, the panel considers that, had the full details of the complaint been ./Web_Decision-_McCarthy_Michael.pdf-considered by the Secretary of State, it would be most unlikely, given the specific ./Web_Decision-_McCarthy_Michael.pdf:allegations of serious sexual misconduct, that a decision would have been made to ./Web_Decision-_McCarthy_Michael.pdf-destroy the file later on the basis that no risk arose. The panel is therefore not satisfied ./Web_Decision-_McCarthy_Michael.pdf-that the decision has been shown to have been ‘on the merits’. Nor, in the circumstances, ./Web_Decision-_McCarthy_Michael.pdf-does the panel consider that the decision can properly be construed as being final in the ./Web_Decision-_McCarthy_Michael.pdf-sense of precluding the matter being re-opened. ./Web_Decision-_McCarthy_Michael.pdf- ./Web_Decision-_McCarthy_Michael.pdf-Turning next to the general argument of abuse of process, whilst it has considered the ./Web_Decision-_McCarthy_Michael.pdf-arguments carefully, the panel does not consider it to have been shown either (i) a fair ./Web_Decision-_McCarthy_Michael.pdf-trial would not be possible or that (ii) for some other compelling reason it would be unfair ./Web_Decision-_McCarthy_Michael.pdf-to try the accused. ./Web_Decision-_McCarthy_Michael.pdf- -- ./Web_Decision-_McCarthy_Michael.pdf-Mr McCarthy was employed as a teacher at the School. It was alleged that in or around ./Web_Decision-_McCarthy_Michael.pdf-1990 he had an inappropriate relationship with a 13 year old, Pupil D, including showing ./Web_Decision-_McCarthy_Michael.pdf-favouritism towards her in private situations, treating her harshly in public situations, ./Web_Decision-_McCarthy_Michael.pdf:engaging in sexual conversations with her, calling her a nymph, giving her a personal ./Web_Decision-_McCarthy_Michael.pdf:telephone number, taking her to his home, giving her alcohol and engaging in sexual ./Web_Decision-_McCarthy_Michael.pdf-intercourse with her. It was also alleged that he had an inappropriate relationship with ./Web_Decision-_McCarthy_Michael.pdf-Pupil E including kissing her on school premises, allowing her to visit his home, and ./Web_Decision-_McCarthy_Michael.pdf:engaging in sexual intercourse with her when she was 16. ./Web_Decision-_McCarthy_Michael.pdf- ./Web_Decision-_McCarthy_Michael.pdf-It was alleged that subsequently, Mr McCarthy dishonestly failed to disclose information ./Web_Decision-_McCarthy_Michael.pdf-on his application form when applying to Academy A. It was further alleged that, whilst at ./Web_Decision-_McCarthy_Michael.pdf-Academy A, he acted inappropriately towards one or more pupils by visiting the homes of ./Web_Decision-_McCarthy_Michael.pdf-two pupils uninvited, without permission from the Academy’s senior leadership team and ./Web_Decision-_McCarthy_Michael.pdf-contrary to the Academy’s policy, and that he made derogatory remarks about one pupil ./Web_Decision-_McCarthy_Michael.pdf-to another. ./Web_Decision-_McCarthy_Michael.pdf- ./Web_Decision-_McCarthy_Michael.pdf-Findings of fact ./Web_Decision-_McCarthy_Michael.pdf-Our findings of fact are as follows: -- ./Web_Decision-_McCarthy_Michael.pdf-children were jealous of a particular child. ./Web_Decision-_McCarthy_Michael.pdf- ./Web_Decision-_McCarthy_Michael.pdf-The panel considered the evidence carefully. The panel was satisfied with the honesty of ./Web_Decision-_McCarthy_Michael.pdf-Pupil D’s account. The panel considers it more likely than not that Mr McCarthy did ./Web_Decision-_McCarthy_Michael.pdf-suggest other pupils were jealous of Pupil D. However, the panel does not consider that ./Web_Decision-_McCarthy_Michael.pdf-this demonstrates favouritism or that this treatment differed from comments made to any ./Web_Decision-_McCarthy_Michael.pdf-other pupil. Accordingly, allegation 1(a)(iv) is found not proved. ./Web_Decision-_McCarthy_Michael.pdf- ./Web_Decision-_McCarthy_Michael.pdf- v) telling her personal information about other teachers at the school; ./Web_Decision-_McCarthy_Michael.pdf-Pupil D, at paragraph 17 of her statement, identified that Mr McCarthy made comments ./Web_Decision-_McCarthy_Michael.pdf:to her about the sexual orientation of two other teachers at the school. ./Web_Decision-_McCarthy_Michael.pdf- ./Web_Decision-_McCarthy_Michael.pdf-Mr McCarthy denied that he would have done any such thing. ./Web_Decision-_McCarthy_Michael.pdf- ./Web_Decision-_McCarthy_Michael.pdf-The panel accepts that Mr McCarthy may have told Pupil D personal information about ./Web_Decision-_McCarthy_Michael.pdf-other teachers in the school. Again, however, the panel is not satisfied that this ./Web_Decision-_McCarthy_Michael.pdf-demonstrated any favouritism towards her or that it differed from the way he interacted ./Web_Decision-_McCarthy_Michael.pdf-with other pupils. ./Web_Decision-_McCarthy_Michael.pdf- ./Web_Decision-_McCarthy_Michael.pdf-Allegation 1(a)(v) is therefore found not proved. ./Web_Decision-_McCarthy_Michael.pdf- -- ./Web_Decision-_McCarthy_Michael.pdf- i) humiliating her in front of other pupils; ./Web_Decision-_McCarthy_Michael.pdf-At paragraph 7 of her statement on page 28, Pupil D states that Mr McCarthy would, ‘egg ./Web_Decision-_McCarthy_Michael.pdf-on the older girls to tackle me hard’ and then, ‘call me over and tell me that I had handled ./Web_Decision-_McCarthy_Michael.pdf-it well’. She felt that he had orchestrated this. In oral evidence she stated that older girls ./Web_Decision-_McCarthy_Michael.pdf-had sat on her and Mr McCarthy wouldn’t intervene until too late. ./Web_Decision-_McCarthy_Michael.pdf- ./Web_Decision-_McCarthy_Michael.pdf-At paragraph 8 of her statement, Pupil D stated that she recalled Mr McCarthy instructing ./Web_Decision-_McCarthy_Michael.pdf-a boy to bring her bicycle to his classroom, whereupon he put the saddle up and made ./Web_Decision-_McCarthy_Michael.pdf-salacious comments about her riding a bicycle in front of the class. In oral evidence she ./Web_Decision-_McCarthy_Michael.pdf-said that the class were giggling and, whilst she could not remember the exact words, ./Web_Decision-_McCarthy_Michael.pdf:she felt that there was a, ‘sexual innuendo’. ./Web_Decision-_McCarthy_Michael.pdf- ./Web_Decision-_McCarthy_Michael.pdf-Pupil D also referred to other incidents including an occasion on which she overheard Mr ./Web_Decision-_McCarthy_Michael.pdf-McCarthy telling another Pupil that, ‘[Pupil D] might be good looking but she hasn’t got ./Web_Decision-_McCarthy_Michael.pdf-the personality that you have’. ./Web_Decision-_McCarthy_Michael.pdf- ./Web_Decision-_McCarthy_Michael.pdf-Mr McCarthy denied this allegation. He stated that his teaching style was, ‘on the harsh ./Web_Decision-_McCarthy_Michael.pdf-side of fair’ but that he was no harsher with Pupil D than with others. He did not accept ./Web_Decision-_McCarthy_Michael.pdf-that he had let the other girls tackle Pupil D especially hard. He accepted that he might ./Web_Decision-_McCarthy_Michael.pdf- ./Web_Decision-_McCarthy_Michael.pdf- -- ./Web_Decision-_McCarthy_Michael.pdf-going to be there – he says you have been giving him the glad eye’. ./Web_Decision-_McCarthy_Michael.pdf- ./Web_Decision-_McCarthy_Michael.pdf-Mr McCarthy denied having made any such comments to other teachers. ./Web_Decision-_McCarthy_Michael.pdf- ./Web_Decision-_McCarthy_Michael.pdf-The panel concludes on balance that Mr McCarthy is more likely than not to have made ./Web_Decision-_McCarthy_Michael.pdf-these comments. However, the panel does not consider that they were inappropriate in ./Web_Decision-_McCarthy_Michael.pdf-and of themselves or that they evidence an inappropriate relationship with Pupil D. ./Web_Decision-_McCarthy_Michael.pdf- ./Web_Decision-_McCarthy_Michael.pdf-Allegation 1(b)(iv) is therefore found not proved. ./Web_Decision-_McCarthy_Michael.pdf- ./Web_Decision-_McCarthy_Michael.pdf: c) engaged in conversations of a sexual nature with her; ./Web_Decision-_McCarthy_Michael.pdf-Pupil D’s evidence in relation to this allegation is contained principally in paragraphs 13 ./Web_Decision-_McCarthy_Michael.pdf-to 15, 18 and 24 onwards of her statement. In short, it is alleged that Mr McCarthy told ./Web_Decision-_McCarthy_Michael.pdf:her and other pupils stories of a sexual nature relating to a previous post as a teacher. It ./Web_Decision-_McCarthy_Michael.pdf:is alleged that he gave the class an account of a sexual encounter and subsequent fight ./Web_Decision-_McCarthy_Michael.pdf-as an explanation for his appearance at school with a black eye and bruised face. It was ./Web_Decision-_McCarthy_Michael.pdf-also alleged that he made comments about male teachers or pupils who had their hands ./Web_Decision-_McCarthy_Michael.pdf:in their pockets and told Pupil D, ‘you don’t know what sex is yet darling, do you?’, after ./Web_Decision-_McCarthy_Michael.pdf-calling her a, ‘nymph’. Pupil D then alleges that a series of further conversations of a ./Web_Decision-_McCarthy_Michael.pdf- ./Web_Decision-_McCarthy_Michael.pdf- 15 ./Web_Decision-_McCarthy_Michael.pdf- -- ./Web_Decision-_McCarthy_Michael.pdf:sexual nature took place after the point at which she was taken to his house (the subject ./Web_Decision-_McCarthy_Michael.pdf:matter of allegation 1(f)). These included, amongst other matters, sexual references ./Web_Decision-_McCarthy_Michael.pdf-relating to other pupils. ./Web_Decision-_McCarthy_Michael.pdf- ./Web_Decision-_McCarthy_Michael.pdf-Mr McCarthy flatly denied all these allegations. He stated that he was not aware of ./Web_Decision-_McCarthy_Michael.pdf-anyone else having recalled or complained about an incident involving him appearing at ./Web_Decision-_McCarthy_Michael.pdf-school with a black eye. He denied that the incident ever occurred. He said that ./Web_Decision-_McCarthy_Michael.pdf-comments regarding people with hands in their pockets were, ‘a stupid teenage joke’ and ./Web_Decision-_McCarthy_Michael.pdf-he would not have made such remarks. He denied the suggestion at paragraphs 29 and ./Web_Decision-_McCarthy_Michael.pdf:35 of Pupil D that he made sexual comments regarding another pupil. He denied that he ./Web_Decision-_McCarthy_Michael.pdf:had ever had a conversation of a sexual nature with Pupil D. ./Web_Decision-_McCarthy_Michael.pdf- ./Web_Decision-_McCarthy_Michael.pdf-The panel has considered the conflicting accounts carefully. ./Web_Decision-_McCarthy_Michael.pdf- ./Web_Decision-_McCarthy_Michael.pdf-Turning first to the allegation at paragraphs 13 and 14 of Pupil D’s statement. The Panel ./Web_Decision-_McCarthy_Michael.pdf-considered Pupil D a credible witness in other respects. However, there was no evidence ./Web_Decision-_McCarthy_Michael.pdf-of concerns having been raised by any pupils or of the school investigating the episodes. ./Web_Decision-_McCarthy_Michael.pdf-Further, the panel has not had the benefit of evidence from other pupils who were ./Web_Decision-_McCarthy_Michael.pdf-present at the time. In all the circumstances, the panel did not consider that there was ./Web_Decision-_McCarthy_Michael.pdf-sufficient evidence available for it to conclude on the balance of probabilities that the ./Web_Decision-_McCarthy_Michael.pdf-words spoken by Mr McCarthy were as alleged by Pupil D. -- ./Web_Decision-_McCarthy_Michael.pdf-he subsequently wrote the phrase ‘my little nymph’ on essays. Pupil D stated that she did ./Web_Decision-_McCarthy_Michael.pdf-not understand what the phrase meant until he told her at a later point. ./Web_Decision-_McCarthy_Michael.pdf- ./Web_Decision-_McCarthy_Michael.pdf-Mr McCarthy, in his statement (at page 149) and in oral evidence, denied calling Pupil D ./Web_Decision-_McCarthy_Michael.pdf-a, ‘nymph’ nor ever writing such things as alleged on any school work. ./Web_Decision-_McCarthy_Michael.pdf- ./Web_Decision-_McCarthy_Michael.pdf-The context of these comments was rather different from the others we have already ./Web_Decision-_McCarthy_Michael.pdf-addressed. They appear to have taken place on a one-to-one basis in the context of a ./Web_Decision-_McCarthy_Michael.pdf-community barn dance. Taking into account these circumstances, on balance, the panel ./Web_Decision-_McCarthy_Michael.pdf-considers it more likely than not that Mr McCarthy did call Pupil D a ‘nymph’. Further, the ./Web_Decision-_McCarthy_Michael.pdf:panel considers it to have been intended to carry a sexual meaning. The panel is also ./Web_Decision-_McCarthy_Michael.pdf-persuaded by the evidence of Pupil D that Mr McCarthy went on to state, after explaining ./Web_Decision-_McCarthy_Michael.pdf:the term ‘nymph’, ‘you don’t know what sex is yet darling, do you?’ ./Web_Decision-_McCarthy_Michael.pdf- ./Web_Decision-_McCarthy_Michael.pdf- 16 ./Web_Decision-_McCarthy_Michael.pdf- -- ./Web_Decision-_McCarthy_Michael.pdf-The panel also considered communications set out in paragraphs 24 onwards in the ./Web_Decision-_McCarthy_Michael.pdf-statement, in the context of the events with which allegation 1(f) is concerned. These ./Web_Decision-_McCarthy_Michael.pdf:included comments directly related to sexual encounters between Pupil D and Mr ./Web_Decision-_McCarthy_Michael.pdf:McCarthy (paragraphs 24, 36, 39) and sexual comments about other people (29, 32, 33, ./Web_Decision-_McCarthy_Michael.pdf-35 and 39). Mr McCarthy denies that any of the incidents in which these comments are ./Web_Decision-_McCarthy_Michael.pdf-alleged to have been made took place at all. However, for reasons which the panel will ./Web_Decision-_McCarthy_Michael.pdf-explain in setting out our findings under allegation 1(f), we have found Pupil D’s account ./Web_Decision-_McCarthy_Michael.pdf-persuasive as regards allegation 1(f)(i to iv) and have concluded on the balance of ./Web_Decision-_McCarthy_Michael.pdf-probabilities that these events did occur. We are also content, on the basis of the clear ./Web_Decision-_McCarthy_Michael.pdf-account given by Pupil D that the words alleged were used and that conversations of a ./Web_Decision-_McCarthy_Michael.pdf:sexual nature took place. For reasons which again, we will set out shortly, allegation ./Web_Decision-_McCarthy_Michael.pdf-1(f)(v) has been found not proved and therefore we have discounted the comments ./Web_Decision-_McCarthy_Michael.pdf-alleged at paragraph 41 of Pupil D’s statement from our assessment of allegation 1(c). ./Web_Decision-_McCarthy_Michael.pdf- ./Web_Decision-_McCarthy_Michael.pdf-The panel finds allegation 1(c) to have been proved. ./Web_Decision-_McCarthy_Michael.pdf- ./Web_Decision-_McCarthy_Michael.pdf- d) called her a “nymph”; ./Web_Decision-_McCarthy_Michael.pdf-The panel has already set out its findings in relation to this matter under allegation 1(c). ./Web_Decision-_McCarthy_Michael.pdf-allegation 1(d) is found to have been proved on the same basis. ./Web_Decision-_McCarthy_Michael.pdf- ./Web_Decision-_McCarthy_Michael.pdf- e) gave her your personal telephone number; -- ./Web_Decision-_McCarthy_Michael.pdf- ./Web_Decision-_McCarthy_Michael.pdf-The lack of consistency between Pupil D’s oral evidence and her statement as to whom ./Web_Decision-_McCarthy_Michael.pdf-the number was given suggested some confusion on her part in relation this point. That, ./Web_Decision-_McCarthy_Michael.pdf-combined with Mr McCarthy’s account as to the circumstances in which he may have ./Web_Decision-_McCarthy_Michael.pdf-given the number, led the panel to conclude that allegation 1(e) has not been proved on ./Web_Decision-_McCarthy_Michael.pdf-the balance of probabilities. ./Web_Decision-_McCarthy_Michael.pdf- ./Web_Decision-_McCarthy_Michael.pdf- f) took her to your home where you: ./Web_Decision-_McCarthy_Michael.pdf- i) gave her alcohol; ./Web_Decision-_McCarthy_Michael.pdf- ii) kissed her; ./Web_Decision-_McCarthy_Michael.pdf: iii) engaged in sexual contact with her on approximately 5 to 20 ./Web_Decision-_McCarthy_Michael.pdf- occasions; ./Web_Decision-_McCarthy_Michael.pdf: iv) engaged in sexual intercourse with her on approximately 3 or more ./Web_Decision-_McCarthy_Michael.pdf- ./Web_Decision-_McCarthy_Michael.pdf- ./Web_Decision-_McCarthy_Michael.pdf- 17 ./Web_Decision-_McCarthy_Michael.pdf- -- ./Web_Decision-_McCarthy_Michael.pdf- occasions; ./Web_Decision-_McCarthy_Michael.pdf: v) directed her to lick up your semen after you had had sexual ./Web_Decision-_McCarthy_Michael.pdf- intercourse with her. ./Web_Decision-_McCarthy_Michael.pdf-Pupil D’s evidence and that of Mr McCarthy were entirely at odds in relation to this ./Web_Decision-_McCarthy_Michael.pdf-allegation. The panel deliberated for a significant time over the matter and was careful, ./Web_Decision-_McCarthy_Michael.pdf-as with the other allegations from the same period, to take into account the historic ./Web_Decision-_McCarthy_Michael.pdf-nature of the matters alleged and the impact of the passage of time on the evidence ./Web_Decision-_McCarthy_Michael.pdf-available and the recollection those involved. ./Web_Decision-_McCarthy_Michael.pdf- ./Web_Decision-_McCarthy_Michael.pdf-Pupil D’s account, set out in her statement and in oral evidence before the panel, was, in ./Web_Decision-_McCarthy_Michael.pdf-short, that Mr McCarthy took her to his house, gave her a glass of lemonade with Martini, ./Web_Decision-_McCarthy_Michael.pdf-and left suggesting that, ‘You’re a big girl so when I come back I expect some of that to ./Web_Decision-_McCarthy_Michael.pdf-be gone’. She stated that he likened her to Scarlet O’Hara. Mr McCarthy returned with ./Web_Decision-_McCarthy_Michael.pdf-Pupil F, Pupil G or both of them and told them that she had helped herself to the alcohol. ./Web_Decision-_McCarthy_Michael.pdf-Thereafter he kissed her, took her to his bedroom, kissed her again and then engaged in ./Web_Decision-_McCarthy_Michael.pdf:further sexual activity before taking her to the kitchen and, with assistance from a lodger, ./Web_Decision-_McCarthy_Michael.pdf-attempting to sober her up. ./Web_Decision-_McCarthy_Michael.pdf- ./Web_Decision-_McCarthy_Michael.pdf:Pupil D gave an account of subsequent encounters, including full sexual intercourse. She ./Web_Decision-_McCarthy_Michael.pdf:stated that this happened on at least 3 occasions and there was sexual contact on ‘more ./Web_Decision-_McCarthy_Michael.pdf-than 5 to 6 and less than 20 occasions’. There appeared to be some variation in the ./Web_Decision-_McCarthy_Michael.pdf:evidence given by her at different stages as to the number of occasions on which sexual ./Web_Decision-_McCarthy_Michael.pdf-activity took place. Pupil D gave an account in her statement (paragraph 41) of his ./Web_Decision-_McCarthy_Michael.pdf-directing her to lick up his semen, amongst other details. ./Web_Decision-_McCarthy_Michael.pdf- ./Web_Decision-_McCarthy_Michael.pdf-Mr McCarthy adamantly denied the entire allegation. His account, given in oral evidence, ./Web_Decision-_McCarthy_Michael.pdf-was that he had arrived at the house in the middle of the day at a weekend, in the ./Web_Decision-_McCarthy_Michael.pdf-company of Pupils F and G, to find Pupil D present in the kitchen with the lodger, who ./Web_Decision-_McCarthy_Michael.pdf-stated, ‘this girl’s had a drink’ or words to that effect and that he had given her something ./Web_Decision-_McCarthy_Michael.pdf-to sober her up. Mr McCarthy said that she was in his company for three minutes before ./Web_Decision-_McCarthy_Michael.pdf-he took her home. He stated that he never saw her drinking. He stated that on the ./Web_Decision-_McCarthy_Michael.pdf-journey to her home he had been angry, but she was apologetic and told him not to tell -- ./Web_Decision-_McCarthy_Michael.pdf-that she was somewhat uncertain about details such as the number of incidents, but finds ./Web_Decision-_McCarthy_Michael.pdf-these understandable, and her recollection of specific smells and details entirely ./Web_Decision-_McCarthy_Michael.pdf-consistent with a traumatic event which has taken place many years ago but which ./Web_Decision-_McCarthy_Michael.pdf-clearly remains etched in her memory. ./Web_Decision-_McCarthy_Michael.pdf- ./Web_Decision-_McCarthy_Michael.pdf-Whilst it has considered carefully Mr McCarthy’s contrasting account, which was ./Web_Decision-_McCarthy_Michael.pdf-presented for the first time at this hearing, the panel preferred the evidence of Pupil D, ./Web_Decision-_McCarthy_Michael.pdf-which it concluded presented an accurate reflection of the facts in relation to this incident. ./Web_Decision-_McCarthy_Michael.pdf-Accordingly, the panel finds on the balance of probabilities that Mr McCarthy did take ./Web_Decision-_McCarthy_Michael.pdf:Pupil D to his home, gave her alcohol, kissed her, engaged in sexual contact with her on ./Web_Decision-_McCarthy_Michael.pdf:approximately five to twenty occasions and engaged in sexual intercourse with her on ./Web_Decision-_McCarthy_Michael.pdf-approximately three or more occasions. It finds also that these activities constitute an ./Web_Decision-_McCarthy_Michael.pdf-inappropriate relationship, not least since Pupil D was thirteen at the time and was a pupil ./Web_Decision-_McCarthy_Michael.pdf-at the school. ./Web_Decision-_McCarthy_Michael.pdf- ./Web_Decision-_McCarthy_Michael.pdf-Allegations f(i) to f(iv) are therefore found to have been proved. ./Web_Decision-_McCarthy_Michael.pdf- ./Web_Decision-_McCarthy_Michael.pdf-The facts alleged at allegation f(v) are of a particularly extreme nature and unlike ./Web_Decision-_McCarthy_Michael.pdf-allegations (i) to (iv) cannot easily be seen as part of a logical progression towards full ./Web_Decision-_McCarthy_Michael.pdf:sexual intercourse. Notwithstanding its position in relation to the remainder of the ./Web_Decision-_McCarthy_Michael.pdf-allegation, the panel was not convinced that it had been provided with sufficient ./Web_Decision-_McCarthy_Michael.pdf-contextual evidence to conclude that the behaviour described in relation to this allegation ./Web_Decision-_McCarthy_Michael.pdf-had been proved on the balance of probabilities to have occurred. The panel therefore ./Web_Decision-_McCarthy_Michael.pdf-finds allegation f(v) not proved. ./Web_Decision-_McCarthy_Michael.pdf- ./Web_Decision-_McCarthy_Michael.pdf-2) Had an inappropriate relationship with Pupil E in that you: ./Web_Decision-_McCarthy_Michael.pdf- i) kissed her on school premises; ./Web_Decision-_McCarthy_Michael.pdf-Pupil D alleged (paragraph 33 of her statement at page 32) that she had walked into the ./Web_Decision-_McCarthy_Michael.pdf-science laboratory and had seen Mr McCarthy kissing Pupil E. She stated that he had ./Web_Decision-_McCarthy_Michael.pdf-winked at her over Pupil E’s shoulder. -- ./Web_Decision-_McCarthy_Michael.pdf-Having assessed the evidence available, the panel considers that, in circumstances ./Web_Decision-_McCarthy_Michael.pdf-where her sister lived on the premises, it was reasonable to expect that Pupil E would ./Web_Decision-_McCarthy_Michael.pdf-have a key to the house. The panel remains unclear as to how it could be that this key ./Web_Decision-_McCarthy_Michael.pdf-gave her access to Mr McCarthy’s room (as alleged by Pupil D). Nevertheless, given the ./Web_Decision-_McCarthy_Michael.pdf-clear justification for Pupil E being in a possession of a key to the house, the panel does ./Web_Decision-_McCarthy_Michael.pdf-not consider that his allowing her access to the house was evidence of an inappropriate ./Web_Decision-_McCarthy_Michael.pdf-relationship. ./Web_Decision-_McCarthy_Michael.pdf- ./Web_Decision-_McCarthy_Michael.pdf-Allegation 2(ii) is therefore found not proved. ./Web_Decision-_McCarthy_Michael.pdf- ./Web_Decision-_McCarthy_Michael.pdf: iii) engaged in sexual intercourse with her whilst she was aged 16. ./Web_Decision-_McCarthy_Michael.pdf-Pupil D stated (paragraph 32 at page 32) that she had been told by Mr McCarthy that he ./Web_Decision-_McCarthy_Michael.pdf-had slept with Pupil E. Mr McCarthy denied this. [Redacted]. It was not disputed that ./Web_Decision-_McCarthy_Michael.pdf-Pupil E left the school in the summer of 1990. ./Web_Decision-_McCarthy_Michael.pdf- ./Web_Decision-_McCarthy_Michael.pdf-It was not possible for the panel to hear evidence from Pupil E, and no other clear ./Web_Decision-_McCarthy_Michael.pdf:evidence was available positively demonstrating that that sexual intercourse took place ./Web_Decision-_McCarthy_Michael.pdf-whilst Pupil E was 16. ./Web_Decision-_McCarthy_Michael.pdf- ./Web_Decision-_McCarthy_Michael.pdf-In these circumstances, having considered all the evidence available to it, the panel finds ./Web_Decision-_McCarthy_Michael.pdf-allegation 2(iii) not proved on the balance of probabilities. ./Web_Decision-_McCarthy_Michael.pdf- ./Web_Decision-_McCarthy_Michael.pdf-3) When applying to work at Academy A, you failed to disclose on your application ./Web_Decision-_McCarthy_Michael.pdf- form that: ./Web_Decision-_McCarthy_Michael.pdf- ./Web_Decision-_McCarthy_Michael.pdf- ./Web_Decision-_McCarthy_Michael.pdf- -- ./Web_Decision-_McCarthy_Michael.pdf- o treating pupils with dignity, building relationships rooted in mutual respect, and ./Web_Decision-_McCarthy_Michael.pdf- at all times observing proper boundaries appropriate to a teacher’s ./Web_Decision-_McCarthy_Michael.pdf- professional position; ./Web_Decision-_McCarthy_Michael.pdf- o having regard for the need to safeguard pupils’ well-being, in accordance with ./Web_Decision-_McCarthy_Michael.pdf- statutory provisions; ./Web_Decision-_McCarthy_Michael.pdf-  teachers must have proper and professional regard for the ethos, policies and ./Web_Decision-_McCarthy_Michael.pdf- practices of the school in which they teach... ./Web_Decision-_McCarthy_Michael.pdf-  teachers must have an understanding of, and always act within, the statutory ./Web_Decision-_McCarthy_Michael.pdf- frameworks which set out their professional duties and responsibilities ./Web_Decision-_McCarthy_Michael.pdf-The panel is satisfied that the conduct of Mr McCarthy, which included amongst other ./Web_Decision-_McCarthy_Michael.pdf:things; sexual activity with a 13 year old pupil and dishonest omission of significant ./Web_Decision-_McCarthy_Michael.pdf-details from a teaching application, fell significantly short of the standards expected of the ./Web_Decision-_McCarthy_Michael.pdf-profession. ./Web_Decision-_McCarthy_Michael.pdf- ./Web_Decision-_McCarthy_Michael.pdf-The panel has also considered whether Mr McCarthy’s conduct displayed behaviours ./Web_Decision-_McCarthy_Michael.pdf-associated with any of the offences listed on pages 8 and 9 of the Advice. The panel has ./Web_Decision-_McCarthy_Michael.pdf:found that activity associated with the offences of serious dishonesty and sexual activity ./Web_Decision-_McCarthy_Michael.pdf-were involved. ./Web_Decision-_McCarthy_Michael.pdf- ./Web_Decision-_McCarthy_Michael.pdf-The Advice indicates that where behaviours associated with such offences exist, a panel ./Web_Decision-_McCarthy_Michael.pdf-is likely to conclude that an individual’s conduct would amount to unacceptable ./Web_Decision-_McCarthy_Michael.pdf-professional conduct. ./Web_Decision-_McCarthy_Michael.pdf- ./Web_Decision-_McCarthy_Michael.pdf-In circumstances where the behaviour found proved related to a pupil at the school and ./Web_Decision-_McCarthy_Michael.pdf-applications for a teaching post, the panel does not consider that the behaviour can ./Web_Decision-_McCarthy_Michael.pdf-properly be regarded as being outside the education setting. In any event, the panel is ./Web_Decision-_McCarthy_Michael.pdf-satisfied that the behaviour significantly risked pupils being exposed to or influenced in a -- ./Web_Decision-_McCarthy_Michael.pdf-given in order to be punitive, or to show that blame has been apportioned, although they ./Web_Decision-_McCarthy_Michael.pdf-are likely to have punitive effect. ./Web_Decision-_McCarthy_Michael.pdf- ./Web_Decision-_McCarthy_Michael.pdf-The panel has considered the particular public interest considerations set out in the ./Web_Decision-_McCarthy_Michael.pdf-Advice and having done so has found a number of them to be relevant in this case, ./Web_Decision-_McCarthy_Michael.pdf-namely: the protection of pupils, the protection of other members of the public, the ./Web_Decision-_McCarthy_Michael.pdf-maintenance of public confidence in the profession and declaring and upholding proper ./Web_Decision-_McCarthy_Michael.pdf-standards of conduct. ./Web_Decision-_McCarthy_Michael.pdf- ./Web_Decision-_McCarthy_Michael.pdf-In light of the panel’s findings against Mr McCarthy, which involved, amongst other ./Web_Decision-_McCarthy_Michael.pdf:matters, sexual activity with a thirteen year old girl and a dishonest failure to disclose his ./Web_Decision-_McCarthy_Michael.pdf-employment history, there is a strong public interest consideration in respect of the ./Web_Decision-_McCarthy_Michael.pdf-protection of pupils. ./Web_Decision-_McCarthy_Michael.pdf- ./Web_Decision-_McCarthy_Michael.pdf-Similarly, the panel considers that public confidence in the profession could be seriously ./Web_Decision-_McCarthy_Michael.pdf-weakened if conduct such as that found against Mr McCarthy were not treated with the ./Web_Decision-_McCarthy_Michael.pdf-utmost seriousness when regulating the conduct of the profession. ./Web_Decision-_McCarthy_Michael.pdf- ./Web_Decision-_McCarthy_Michael.pdf- ./Web_Decision-_McCarthy_Michael.pdf- ./Web_Decision-_McCarthy_Michael.pdf- -- ./Web_Decision-_McCarthy_Michael.pdf- Teachers’ Standards; ./Web_Decision-_McCarthy_Michael.pdf-  misconduct seriously affecting the education and/or well-being of pupils, and ./Web_Decision-_McCarthy_Michael.pdf- particularly where there is a continuing risk; ./Web_Decision-_McCarthy_Michael.pdf-  a deep-seated attitude that leads to harmful behaviour; ./Web_Decision-_McCarthy_Michael.pdf-  abuse of position of trust or violation of the rights of pupils; ./Web_Decision-_McCarthy_Michael.pdf-  dishonesty especially where there have been serious consequences, and/or it has ./Web_Decision-_McCarthy_Michael.pdf- been repeated and/or covered up. In this case the dishonesty has not been shown ./Web_Decision-_McCarthy_Michael.pdf- to have been repeated, but it was of a serious nature and might potentially have ./Web_Decision-_McCarthy_Michael.pdf- had an impact on the awareness of a prospective employer regarding previous ./Web_Decision-_McCarthy_Michael.pdf- allegations. ./Web_Decision-_McCarthy_Michael.pdf:  sexual misconduct, e.g. involving actions that were sexually motivated or of a ./Web_Decision-_McCarthy_Michael.pdf: sexual nature and/or that use or exploit the trust, knowledge or influence derived ./Web_Decision-_McCarthy_Michael.pdf- from the individual’s professional position; ./Web_Decision-_McCarthy_Michael.pdf-Even though there were behaviours that would point to a prohibition order being ./Web_Decision-_McCarthy_Michael.pdf-appropriate, the panel went on to consider whether or not there were sufficient mitigating ./Web_Decision-_McCarthy_Michael.pdf-factors to militate against a prohibition order being an appropriate and proportionate ./Web_Decision-_McCarthy_Michael.pdf-measure to impose, particularly taking into account the nature and severity of the ./Web_Decision-_McCarthy_Michael.pdf-behaviour in this case. There is no evidence that Mr McCarthy’s actions were not ./Web_Decision-_McCarthy_Michael.pdf-deliberate. The panel heard evidence from Mr McCarthy that he was under great stress ./Web_Decision-_McCarthy_Michael.pdf-in around 1990 supporting a family business and needy members of his family. ./Web_Decision-_McCarthy_Michael.pdf-Nevertheless, the panel does not consider that Mr McCarthy can have been said to have ./Web_Decision-_McCarthy_Michael.pdf-been acting under duress. The panel nevertheless notes that Mr McCarthy had a -- ./Web_Decision-_McCarthy_Michael.pdf- ./Web_Decision-_McCarthy_Michael.pdf-The panel went on to consider whether or not it would be appropriate for them to decide ./Web_Decision-_McCarthy_Michael.pdf-to recommend that a review period of the order should be considered. The panel was ./Web_Decision-_McCarthy_Michael.pdf-mindful that the Advice recommends that a prohibition order applies for life, but there ./Web_Decision-_McCarthy_Michael.pdf-may be circumstances in any given case that may make it appropriate to allow a teacher ./Web_Decision-_McCarthy_Michael.pdf-to apply to have the prohibition order reviewed after a specified period of time that may ./Web_Decision-_McCarthy_Michael.pdf-not be less than 2 years. ./Web_Decision-_McCarthy_Michael.pdf- ./Web_Decision-_McCarthy_Michael.pdf-The Advice indicates that there are behaviours that, if proven, would militate against a ./Web_Decision-_McCarthy_Michael.pdf-review period being recommended. These behaviours include, amongst others, serious ./Web_Decision-_McCarthy_Michael.pdf:dishonesty and serious sexual misconduct, e.g. where the act was sexually motivated ./Web_Decision-_McCarthy_Michael.pdf-and resulted in, or had the potential to result in, harm to a person or persons, particularly ./Web_Decision-_McCarthy_Michael.pdf-where the individual has used their professional position to influence or exploit a person ./Web_Decision-_McCarthy_Michael.pdf-or persons. The panel has found that Mr McCarthy has been responsible for behaviour ./Web_Decision-_McCarthy_Michael.pdf-falling into both these categories. ./Web_Decision-_McCarthy_Michael.pdf- ./Web_Decision-_McCarthy_Michael.pdf-The panel accepts that Mr McCarthy is an able teacher, and faced challenging personal ./Web_Decision-_McCarthy_Michael.pdf-circumstances, particularly during the period around 1990 when many of the events in ./Web_Decision-_McCarthy_Michael.pdf-question occurred. Nevertheless, Mr McCarthy has denied the central allegations found ./Web_Decision-_McCarthy_Michael.pdf-against him and as such, has shown no insight into his actions nor any remorse. ./Web_Decision-_McCarthy_Michael.pdf- -- ./Web_Decision-_McCarthy_Michael.pdf-The panel is satisfied that the conduct of Mr McCarthy, which included amongst other ./Web_Decision-_McCarthy_Michael.pdf:things, sexual activity with a thirteen year old pupil and dishonest omission of significant ./Web_Decision-_McCarthy_Michael.pdf-details from a teaching application, fell significantly short of the standards expected of the ./Web_Decision-_McCarthy_Michael.pdf-profession. I agree with that view. ./Web_Decision-_McCarthy_Michael.pdf- ./Web_Decision-_McCarthy_Michael.pdf-The panel has found that that activity associated with the offences of serious dishonesty ./Web_Decision-_McCarthy_Michael.pdf:and sexual activity were involved and breached the following Teachers’ Standards: ./Web_Decision-_McCarthy_Michael.pdf- ./Web_Decision-_McCarthy_Michael.pdf-  teachers uphold public trust in the profession and maintain high standards ./Web_Decision-_McCarthy_Michael.pdf- of ethics and behaviour, within and outside school, by ./Web_Decision-_McCarthy_Michael.pdf- ./Web_Decision-_McCarthy_Michael.pdf- o treating pupils with dignity, building relationships rooted in mutual ./Web_Decision-_McCarthy_Michael.pdf- respect, and at all times on serving proper boundaries appropriate to ./Web_Decision-_McCarthy_Michael.pdf- a teacher’s professional position; ./Web_Decision-_McCarthy_Michael.pdf- ./Web_Decision-_McCarthy_Michael.pdf- o having regard for the need to safeguard pupils’ wellbeing, in ./Web_Decision-_McCarthy_Michael.pdf- accordance with statutory provisions. -- ./Web_Decision-_McCarthy_Michael.pdf- ./Web_Decision-_McCarthy_Michael.pdf-  teachers must have an understanding of, and always act within, the ./Web_Decision-_McCarthy_Michael.pdf- statutory frameworks which set out their professional duties and ./Web_Decision-_McCarthy_Michael.pdf- responsibilities. ./Web_Decision-_McCarthy_Michael.pdf- ./Web_Decision-_McCarthy_Michael.pdf-I have considered the public interest in this case. I agree with the panel that a number of ./Web_Decision-_McCarthy_Michael.pdf-public interest considerations are relevant in this case, namely: the protection of pupils; ./Web_Decision-_McCarthy_Michael.pdf-the protection of other members of the public; the maintenance of public confidence in ./Web_Decision-_McCarthy_Michael.pdf-the profession and declaring and upholding proper standards of conduct. ./Web_Decision-_McCarthy_Michael.pdf- ./Web_Decision-_McCarthy_Michael.pdf:In light of the panel’s findings of sexual activity with a thirteen year old girl and ./Web_Decision-_McCarthy_Michael.pdf-dishonesty, I agree with the panel’s view that there is a strong public interest ./Web_Decision-_McCarthy_Michael.pdf-consideration in respect of the protection of pupils. I agree with the panel that Mr ./Web_Decision-_McCarthy_Michael.pdf-McCarthy’s conduct was outside that which could reasonably be tolerated. There is no ./Web_Decision-_McCarthy_Michael.pdf-evidence that Mr McCarthy’s actions were not deliberate, nor that he was acting under ./Web_Decision-_McCarthy_Michael.pdf-duress. In balancing the public interest considerations both in favour of and against ./Web_Decision-_McCarthy_Michael.pdf-prohibition, against those of Mr McCarthy, the panel has decided the public interest ./Web_Decision-_McCarthy_Michael.pdf-considerations outweigh the interests of Mr McCarthy. I agree with that view. ./Web_Decision-_McCarthy_Michael.pdf- ./Web_Decision-_McCarthy_Michael.pdf-I note that on the facts, the panel was satisfied that a prohibition order was necessary ./Web_Decision-_McCarthy_Michael.pdf-and proportionate in order to maintain the reputation of the profession and the public’s -- ./Web_Decision-_McCarthy_Michael.pdf-I now turn to the matter of a review period. Taking account of the seriousness of the ./Web_Decision-_McCarthy_Michael.pdf:sexual misconduct, serious dishonesty and the fact that Mr McCarthy has shown no ./Web_Decision-_McCarthy_Michael.pdf-insight into his actions nor remorse, the panel has recommended that a review period ./Web_Decision-_McCarthy_Michael.pdf-would not be appropriate. I agree with the panel’s view. ./Web_Decision-_McCarthy_Michael.pdf- ./Web_Decision-_McCarthy_Michael.pdf:Due to the serious sexual misconduct and dishonesty in this case and for the reasons set ./Web_Decision-_McCarthy_Michael.pdf-out above, I agree with the panel’s recommendation, that a prohibition order should be ./Web_Decision-_McCarthy_Michael.pdf-imposed and that no review period should be allowed. ./Web_Decision-_McCarthy_Michael.pdf- ./Web_Decision-_McCarthy_Michael.pdf-This means that Mr Michael McCarthy is prohibited from teaching indefinitely and ./Web_Decision-_McCarthy_Michael.pdf-cannot teach in any school, sixth form college, relevant youth accommodation or ./Web_Decision-_McCarthy_Michael.pdf-children’s home in England. Furthermore, in view of the seriousness of the allegations ./Web_Decision-_McCarthy_Michael.pdf-found proved against him, I have decided that Mr McCarthy shall not be entitled to apply ./Web_Decision-_McCarthy_Michael.pdf-for restoration of his eligibility to teach. ./Web_Decision-_McCarthy_Michael.pdf- ./Web_Decision-_McCarthy_Michael.pdf-This order takes effect from the date on which it is served on the teacher. ./Web_decision_-_Allenby_Stephen_NON-RESTRICTED.pdf- c. Attempted to keep his relationship and/or communications a secret; ./Web_decision_-_Allenby_Stephen_NON-RESTRICTED.pdf- ./Web_decision_-_Allenby_Stephen_NON-RESTRICTED.pdf- d. Watched Pupil A fall asleep on FaceTime and took a screenshot(s) of her; ./Web_decision_-_Allenby_Stephen_NON-RESTRICTED.pdf- ./Web_decision_-_Allenby_Stephen_NON-RESTRICTED.pdf- e. Told Pupil A that he loved her; ./Web_decision_-_Allenby_Stephen_NON-RESTRICTED.pdf- ./Web_decision_-_Allenby_Stephen_NON-RESTRICTED.pdf- f. Sent Pupil A text messages whilst he was in class teaching; ./Web_decision_-_Allenby_Stephen_NON-RESTRICTED.pdf- ./Web_decision_-_Allenby_Stephen_NON-RESTRICTED.pdf- g. Took a photograph of Pupil A’s brother whilst teaching him in class. ./Web_decision_-_Allenby_Stephen_NON-RESTRICTED.pdf- ./Web_decision_-_Allenby_Stephen_NON-RESTRICTED.pdf: 2. His conduct in relation to one or more of allegations 1a-1g was sexually motivated. ./Web_decision_-_Allenby_Stephen_NON-RESTRICTED.pdf- ./Web_decision_-_Allenby_Stephen_NON-RESTRICTED.pdf-Mr Allenby admits the substance of allegations 1a., 1b., 1d., 1f. and 1g., although he ./Web_decision_-_Allenby_Stephen_NON-RESTRICTED.pdf-states that they should refer to ‘Young Person A’ rather than ‘Pupil A’ as he asserts that ./Web_decision_-_Allenby_Stephen_NON-RESTRICTED.pdf-the individual in question was no longer a pupil at the time of the alleged misconduct. ./Web_decision_-_Allenby_Stephen_NON-RESTRICTED.pdf-However, the panel notes the presenting officer’s submission that it is the National ./Web_decision_-_Allenby_Stephen_NON-RESTRICTED.pdf-College’s custom to use the term ‘pupil’ when referring to both current pupils and former ./Web_decision_-_Allenby_Stephen_NON-RESTRICTED.pdf-pupils. Furthermore, the panel considers that regardless of the terminology used to refer ./Web_decision_-_Allenby_Stephen_NON-RESTRICTED.pdf-to Pupil A/Young Person A, Mr Allenby’s admissions do appear to relate to the same ./Web_decision_-_Allenby_Stephen_NON-RESTRICTED.pdf-person, so there is no confusion in this regard. ./Web_decision_-_Allenby_Stephen_NON-RESTRICTED.pdf- -- ./Web_decision_-_Allenby_Stephen_NON-RESTRICTED.pdf-examination of Mr Allenby’s electronic equipment, the police found “several thousand” ./Web_decision_-_Allenby_Stephen_NON-RESTRICTED.pdf-messages that he had exchanged with Pupil A that were considered to be inappropriate ./Web_decision_-_Allenby_Stephen_NON-RESTRICTED.pdf-between a teacher and pupil. Mr Allenby admits the substance of this allegation (see ./Web_decision_-_Allenby_Stephen_NON-RESTRICTED.pdf-above). For these reasons, it is found proved. ./Web_decision_-_Allenby_Stephen_NON-RESTRICTED.pdf- ./Web_decision_-_Allenby_Stephen_NON-RESTRICTED.pdf- b. On one or more occasions, made a comment of an inappropriate ./Web_decision_-_Allenby_Stephen_NON-RESTRICTED.pdf- nature; ./Web_decision_-_Allenby_Stephen_NON-RESTRICTED.pdf- ./Web_decision_-_Allenby_Stephen_NON-RESTRICTED.pdf-The panel considers that the content of the majority of the messages that it has seen ./Web_decision_-_Allenby_Stephen_NON-RESTRICTED.pdf-were inappropriate for a teacher to send to a pupil as they were of a personal and ./Web_decision_-_Allenby_Stephen_NON-RESTRICTED.pdf:sometimes intense nature, overly familiar and some contained sexual references. Some ./Web_decision_-_Allenby_Stephen_NON-RESTRICTED.pdf-of the messages also discuss trying to prevent other people from disturbing the ./Web_decision_-_Allenby_Stephen_NON-RESTRICTED.pdf-conversations. Mr Allenby admits the substance of this allegation (see above). For these ./Web_decision_-_Allenby_Stephen_NON-RESTRICTED.pdf-reasons, it is found proved. ./Web_decision_-_Allenby_Stephen_NON-RESTRICTED.pdf- ./Web_decision_-_Allenby_Stephen_NON-RESTRICTED.pdf- c. Attempted to keep your relationship and/or communications a secret; ./Web_decision_-_Allenby_Stephen_NON-RESTRICTED.pdf- ./Web_decision_-_Allenby_Stephen_NON-RESTRICTED.pdf-The panel has seen messages that Mr Allenby sent to Pupil A in which he discussed ./Web_decision_-_Allenby_Stephen_NON-RESTRICTED.pdf-hiding their conversations from other people and stated that other people would find their ./Web_decision_-_Allenby_Stephen_NON-RESTRICTED.pdf-conversations strange given their relationship of teacher and pupil. In some messages he ./Web_decision_-_Allenby_Stephen_NON-RESTRICTED.pdf-discussed waiting for his wife to go to bed so that he could communicate with Pupil A -- ./Web_decision_-_Allenby_Stephen_NON-RESTRICTED.pdf-The panel has seen copies of messages that Mr Allenby sent to Pupil A during the school ./Web_decision_-_Allenby_Stephen_NON-RESTRICTED.pdf-day and in some of these he acknowledges that he was teaching lessons at the time. Mr ./Web_decision_-_Allenby_Stephen_NON-RESTRICTED.pdf-Allenby admits the substance of this allegation (see above). For these reasons, it is found ./Web_decision_-_Allenby_Stephen_NON-RESTRICTED.pdf-proved. ./Web_decision_-_Allenby_Stephen_NON-RESTRICTED.pdf- ./Web_decision_-_Allenby_Stephen_NON-RESTRICTED.pdf- g. Took a photograph of Pupil A’s brother whilst teaching him in class. ./Web_decision_-_Allenby_Stephen_NON-RESTRICTED.pdf- ./Web_decision_-_Allenby_Stephen_NON-RESTRICTED.pdf-Mr Allenby admits that on one occasion he took a photograph of Pupil A’s brother in class ./Web_decision_-_Allenby_Stephen_NON-RESTRICTED.pdf-and sent it to Pupil A. This allegation is found proved. ./Web_decision_-_Allenby_Stephen_NON-RESTRICTED.pdf- ./Web_decision_-_Allenby_Stephen_NON-RESTRICTED.pdf: 2. Your conduct in relation to one or more of allegations 1a-1g was sexually ./Web_decision_-_Allenby_Stephen_NON-RESTRICTED.pdf- motivated. ./Web_decision_-_Allenby_Stephen_NON-RESTRICTED.pdf- ./Web_decision_-_Allenby_Stephen_NON-RESTRICTED.pdf-The panel is of the view that on the balance of probabilities, a reasonable person would ./Web_decision_-_Allenby_Stephen_NON-RESTRICTED.pdf:consider Mr Allenby’s messages to Pupil A to have been sexually motivated. ./Web_decision_-_Allenby_Stephen_NON-RESTRICTED.pdf-Furthermore, the panel considers that it is more likely than not that the purpose of Mr ./Web_decision_-_Allenby_Stephen_NON-RESTRICTED.pdf:Allenby’s actions was sexual. This is due to the frequency and content of the messages, ./Web_decision_-_Allenby_Stephen_NON-RESTRICTED.pdf-in addition to the fact that many were sent throughout the night / early morning. ./Web_decision_-_Allenby_Stephen_NON-RESTRICTED.pdf- ./Web_decision_-_Allenby_Stephen_NON-RESTRICTED.pdf:Some messages included sexual innuendo and compliments regarding Pupil A’s physical ./Web_decision_-_Allenby_Stephen_NON-RESTRICTED.pdf-appearance. In one conversation he stated that they were ‘soul mates’, in another he ./Web_decision_-_Allenby_Stephen_NON-RESTRICTED.pdf-stated that he did not want the messaging to end, and in another he said that he missed ./Web_decision_-_Allenby_Stephen_NON-RESTRICTED.pdf- ./Web_decision_-_Allenby_Stephen_NON-RESTRICTED.pdf- 10 ./Web_decision_-_Allenby_Stephen_NON-RESTRICTED.pdf- -- ./Web_decision_-_Allenby_Stephen_NON-RESTRICTED.pdf-Pupil A. The panel has seen messages in which he compared their relationship to a ./Web_decision_-_Allenby_Stephen_NON-RESTRICTED.pdf-relationship between one of Pupil A’s friends and an older teenager. There were also ./Web_decision_-_Allenby_Stephen_NON-RESTRICTED.pdf-messages in which he stated that they should be honest about their feelings. Some of the ./Web_decision_-_Allenby_Stephen_NON-RESTRICTED.pdf-messages intensely discussed the nature of their relationship. In many messages Mr ./Web_decision_-_Allenby_Stephen_NON-RESTRICTED.pdf-Allenby discussed hiding their conversations from his wife. The notes of Pupil A’s ./Web_decision_-_Allenby_Stephen_NON-RESTRICTED.pdf-interview with the School state that Pupil A recounted one occasion on which Mr Allenby ./Web_decision_-_Allenby_Stephen_NON-RESTRICTED.pdf-told her that he had dreamed about her, which included some details that suggested the ./Web_decision_-_Allenby_Stephen_NON-RESTRICTED.pdf:dream was of a sexual nature. The panel notes that Mr Allenby accepts that he once ./Web_decision_-_Allenby_Stephen_NON-RESTRICTED.pdf-made reference to dreaming about Pupil A in the Statement of Agreed Facts. ./Web_decision_-_Allenby_Stephen_NON-RESTRICTED.pdf- ./Web_decision_-_Allenby_Stephen_NON-RESTRICTED.pdf-The panel notes Mr Allenby’s assertions that many of his comments were intended only ./Web_decision_-_Allenby_Stephen_NON-RESTRICTED.pdf-as friendly ‘banter’ and that he felt able to discuss personal issues with Pupil A as a ./Web_decision_-_Allenby_Stephen_NON-RESTRICTED.pdf-friend, but notes that there is very little reference in the messages that it has seen to ./Web_decision_-_Allenby_Stephen_NON-RESTRICTED.pdf-those personal issues. In light of the frequency and content of the messages, the panel ./Web_decision_-_Allenby_Stephen_NON-RESTRICTED.pdf-does not consider that they can be explained in this way. Ultimately they are much more ./Web_decision_-_Allenby_Stephen_NON-RESTRICTED.pdf:suggestive of someone trying to build a sexual relationship (albeit that there is no ./Web_decision_-_Allenby_Stephen_NON-RESTRICTED.pdf-suggestion that any physical contact took place). ./Web_decision_-_Allenby_Stephen_NON-RESTRICTED.pdf- ./Web_decision_-_Allenby_Stephen_NON-RESTRICTED.pdf-Findings as to unacceptable professional conduct and/or conduct that ./Web_decision_-_Allenby_Stephen_NON-RESTRICTED.pdf-may bring the profession into disrepute ./Web_decision_-_Allenby_Stephen_NON-RESTRICTED.pdf-The panel is satisfied that the conduct of Mr Allenby in relation to the facts found proven, ./Web_decision_-_Allenby_Stephen_NON-RESTRICTED.pdf-involved breaches of the Teachers’ Standards. The panel considers that by reference to ./Web_decision_-_Allenby_Stephen_NON-RESTRICTED.pdf-Part Two, Mr Allenby is in breach of the following standards: ./Web_decision_-_Allenby_Stephen_NON-RESTRICTED.pdf- ./Web_decision_-_Allenby_Stephen_NON-RESTRICTED.pdf-  Teachers uphold public trust in the profession and maintain high standards of ./Web_decision_-_Allenby_Stephen_NON-RESTRICTED.pdf- ethics and behaviour, within and outside school, by -- ./Web_decision_-_Allenby_Stephen_NON-RESTRICTED.pdf-should be made, the panel has to consider whether it is an appropriate and proportionate ./Web_decision_-_Allenby_Stephen_NON-RESTRICTED.pdf-measure, and whether it is in the public interest to do so. Prohibition orders should not be ./Web_decision_-_Allenby_Stephen_NON-RESTRICTED.pdf-given in order to be punitive, or to show that blame has been apportioned, although they ./Web_decision_-_Allenby_Stephen_NON-RESTRICTED.pdf-are likely to have punitive effect. ./Web_decision_-_Allenby_Stephen_NON-RESTRICTED.pdf- ./Web_decision_-_Allenby_Stephen_NON-RESTRICTED.pdf-The panel has considered the particular public interest considerations set out in the ./Web_decision_-_Allenby_Stephen_NON-RESTRICTED.pdf-Advice and having done so has found a number of them to be relevant in this case, ./Web_decision_-_Allenby_Stephen_NON-RESTRICTED.pdf-namely the protection of pupils, the maintenance of public confidence in the profession, ./Web_decision_-_Allenby_Stephen_NON-RESTRICTED.pdf-declaring and upholding proper standards of conduct. ./Web_decision_-_Allenby_Stephen_NON-RESTRICTED.pdf- ./Web_decision_-_Allenby_Stephen_NON-RESTRICTED.pdf:In light of the panel’s findings against Mr Allenby, which involved sexually motivated ./Web_decision_-_Allenby_Stephen_NON-RESTRICTED.pdf-behaviour towards a pupil, there is a strong public interest consideration in the protection ./Web_decision_-_Allenby_Stephen_NON-RESTRICTED.pdf-of pupils given the serious finding of an inappropriate relationship with a child. Similarly, ./Web_decision_-_Allenby_Stephen_NON-RESTRICTED.pdf-the panel considers that public confidence in the profession could be seriously weakened ./Web_decision_-_Allenby_Stephen_NON-RESTRICTED.pdf-if conduct such as that found against Mr Allenby were not treated with the utmost ./Web_decision_-_Allenby_Stephen_NON-RESTRICTED.pdf-seriousness when regulating the conduct of the profession. ./Web_decision_-_Allenby_Stephen_NON-RESTRICTED.pdf- ./Web_decision_-_Allenby_Stephen_NON-RESTRICTED.pdf-In view of the clear public interest considerations that were present, the panel considered ./Web_decision_-_Allenby_Stephen_NON-RESTRICTED.pdf-carefully whether or not it would be proportionate to impose a prohibition order, taking ./Web_decision_-_Allenby_Stephen_NON-RESTRICTED.pdf-into account the effect that this would have on Mr Allenby. ./Web_decision_-_Allenby_Stephen_NON-RESTRICTED.pdf- -- ./Web_decision_-_Allenby_Stephen_NON-RESTRICTED.pdf-Allenby. The panel took further account of the Advice, which suggests that a prohibition ./Web_decision_-_Allenby_Stephen_NON-RESTRICTED.pdf-order may be appropriate if certain behaviours of a teacher have been proven. In the list ./Web_decision_-_Allenby_Stephen_NON-RESTRICTED.pdf-of such behaviours, those that are relevant in this case are: ./Web_decision_-_Allenby_Stephen_NON-RESTRICTED.pdf- ./Web_decision_-_Allenby_Stephen_NON-RESTRICTED.pdf-  serious departure from the personal and professional conduct elements of the ./Web_decision_-_Allenby_Stephen_NON-RESTRICTED.pdf- Teachers’ Standards; ./Web_decision_-_Allenby_Stephen_NON-RESTRICTED.pdf-  misconduct seriously affecting the education and/or well-being of pupils, and ./Web_decision_-_Allenby_Stephen_NON-RESTRICTED.pdf- particularly where there is a continuing risk; ./Web_decision_-_Allenby_Stephen_NON-RESTRICTED.pdf-  abuse of position or trust (particularly involving vulnerable pupils) or violation of the ./Web_decision_-_Allenby_Stephen_NON-RESTRICTED.pdf- rights of pupils; ./Web_decision_-_Allenby_Stephen_NON-RESTRICTED.pdf:  sexual misconduct, e.g. involving actions that were sexually motivated or of a ./Web_decision_-_Allenby_Stephen_NON-RESTRICTED.pdf: sexual nature and/or that use or exploit the trust, knowledge or influence derived ./Web_decision_-_Allenby_Stephen_NON-RESTRICTED.pdf- from the individual’s professional position. ./Web_decision_-_Allenby_Stephen_NON-RESTRICTED.pdf-Even though there were behaviours that would point to a prohibition order being ./Web_decision_-_Allenby_Stephen_NON-RESTRICTED.pdf-appropriate, the panel went on to consider whether or not there were sufficient mitigating ./Web_decision_-_Allenby_Stephen_NON-RESTRICTED.pdf-factors to militate against a prohibition order being an appropriate and proportionate ./Web_decision_-_Allenby_Stephen_NON-RESTRICTED.pdf-measure to impose, particularly taking into account the nature and severity of the ./Web_decision_-_Allenby_Stephen_NON-RESTRICTED.pdf-behaviour in this case. The panel found that Mr Allenby’s actions were deliberate and ./Web_decision_-_Allenby_Stephen_NON-RESTRICTED.pdf-that he was not acting under duress. The panel also understands that Mr Allenby ./Web_decision_-_Allenby_Stephen_NON-RESTRICTED.pdf- ./Web_decision_-_Allenby_Stephen_NON-RESTRICTED.pdf- ./Web_decision_-_Allenby_Stephen_NON-RESTRICTED.pdf- 13 -- ./Web_decision_-_Allenby_Stephen_NON-RESTRICTED.pdf- ./Web_decision_-_Allenby_Stephen_NON-RESTRICTED.pdf-The panel is of the view that in applying the standard of the ordinary intelligent citizen, ./Web_decision_-_Allenby_Stephen_NON-RESTRICTED.pdf-recommending no prohibition order is not a proportionate and appropriate response. ./Web_decision_-_Allenby_Stephen_NON-RESTRICTED.pdf-Recommending that a publication of adverse findings is sufficient in the case would ./Web_decision_-_Allenby_Stephen_NON-RESTRICTED.pdf-unacceptably compromise the public interest considerations, despite the severity of ./Web_decision_-_Allenby_Stephen_NON-RESTRICTED.pdf-consequences for Mr Allenby of prohibition. ./Web_decision_-_Allenby_Stephen_NON-RESTRICTED.pdf- ./Web_decision_-_Allenby_Stephen_NON-RESTRICTED.pdf-The panel is of the view that prohibition is both proportionate and appropriate. The panel ./Web_decision_-_Allenby_Stephen_NON-RESTRICTED.pdf-has decided that the public interest considerations outweigh the interests of Mr Allenby. ./Web_decision_-_Allenby_Stephen_NON-RESTRICTED.pdf-The panel’s findings that Mr Allenby abused his position of trust in relation to Pupil A and ./Web_decision_-_Allenby_Stephen_NON-RESTRICTED.pdf:that his conduct was sexually motivated were significant factors in forming that opinion. ./Web_decision_-_Allenby_Stephen_NON-RESTRICTED.pdf-Accordingly, the panel makes a recommendation to the Secretary of State that a ./Web_decision_-_Allenby_Stephen_NON-RESTRICTED.pdf-prohibition order should be imposed with immediate effect. ./Web_decision_-_Allenby_Stephen_NON-RESTRICTED.pdf- ./Web_decision_-_Allenby_Stephen_NON-RESTRICTED.pdf-The panel went on to consider whether or not it would be appropriate to recommend that ./Web_decision_-_Allenby_Stephen_NON-RESTRICTED.pdf-a review period of the order should be considered. The panel was mindful that the Advice ./Web_decision_-_Allenby_Stephen_NON-RESTRICTED.pdf-states that a prohibition order applies for life, but there may be circumstances in any ./Web_decision_-_Allenby_Stephen_NON-RESTRICTED.pdf-given case that may make it appropriate to allow a teacher to apply to have the ./Web_decision_-_Allenby_Stephen_NON-RESTRICTED.pdf-prohibition order reviewed after a specified period of time that may not be less than 2 ./Web_decision_-_Allenby_Stephen_NON-RESTRICTED.pdf-years. ./Web_decision_-_Allenby_Stephen_NON-RESTRICTED.pdf- ./Web_decision_-_Allenby_Stephen_NON-RESTRICTED.pdf-The Advice indicates that there are behaviours that, if proven, would militate against a ./Web_decision_-_Allenby_Stephen_NON-RESTRICTED.pdf:review period being recommended. These behaviours include serious sexual ./Web_decision_-_Allenby_Stephen_NON-RESTRICTED.pdf:misconduct, e.g. where the act was sexually motivated and resulted in or had the ./Web_decision_-_Allenby_Stephen_NON-RESTRICTED.pdf-potential to result in, harm to a person or persons, particularly where the individual has ./Web_decision_-_Allenby_Stephen_NON-RESTRICTED.pdf-used their professional position to influence or exploit a person or persons. However, ./Web_decision_-_Allenby_Stephen_NON-RESTRICTED.pdf-although the panel considers that Mr Allenby did abuse his position of trust and that his ./Web_decision_-_Allenby_Stephen_NON-RESTRICTED.pdf:actions towards Pupil A were sexually motivated, the panel does not consider that his ./Web_decision_-_Allenby_Stephen_NON-RESTRICTED.pdf:misconduct constituted ‘serious sexual misconduct’ that justifies no review period. This is ./Web_decision_-_Allenby_Stephen_NON-RESTRICTED.pdf-because Mr Allenby did not initiate any physical contact towards Pupil A and his ./Web_decision_-_Allenby_Stephen_NON-RESTRICTED.pdf-misconduct was limited to the inappropriate messages. Therefore considering all of the ./Web_decision_-_Allenby_Stephen_NON-RESTRICTED.pdf- ./Web_decision_-_Allenby_Stephen_NON-RESTRICTED.pdf- 14 ./Web_decision_-_Allenby_Stephen_NON-RESTRICTED.pdf- -- ./Web_decision_-_Allenby_Stephen_NON-RESTRICTED.pdf- ./Web_decision_-_Allenby_Stephen_NON-RESTRICTED.pdf-I am particularly mindful of the behaviours that have been found to be present in this ./Web_decision_-_Allenby_Stephen_NON-RESTRICTED.pdf-case: ./Web_decision_-_Allenby_Stephen_NON-RESTRICTED.pdf- ./Web_decision_-_Allenby_Stephen_NON-RESTRICTED.pdf-  serious departure from the personal and professional conduct elements of the ./Web_decision_-_Allenby_Stephen_NON-RESTRICTED.pdf- Teachers’ Standards; ./Web_decision_-_Allenby_Stephen_NON-RESTRICTED.pdf-  misconduct seriously affecting the education and/or well-being of pupils, and ./Web_decision_-_Allenby_Stephen_NON-RESTRICTED.pdf- particularly where there is a continuing risk; ./Web_decision_-_Allenby_Stephen_NON-RESTRICTED.pdf-  abuse of position or trust (particularly involving vulnerable pupils) or violation of the ./Web_decision_-_Allenby_Stephen_NON-RESTRICTED.pdf- rights of pupils; ./Web_decision_-_Allenby_Stephen_NON-RESTRICTED.pdf:  sexual misconduct, e.g. involving actions that were sexually motivated or of a ./Web_decision_-_Allenby_Stephen_NON-RESTRICTED.pdf: sexual nature and/or that use or exploit the trust, knowledge or influence derived ./Web_decision_-_Allenby_Stephen_NON-RESTRICTED.pdf- from the individual’s professional position. ./Web_decision_-_Allenby_Stephen_NON-RESTRICTED.pdf:I have noted the panel’s comments that they did not however find serious sexual ./Web_decision_-_Allenby_Stephen_NON-RESTRICTED.pdf-misconduct in this case. ./Web_decision_-_Allenby_Stephen_NON-RESTRICTED.pdf- ./Web_decision_-_Allenby_Stephen_NON-RESTRICTED.pdf-I have had to consider that the public has a high expectation of professional standards of ./Web_decision_-_Allenby_Stephen_NON-RESTRICTED.pdf-all teachers and that failure to impose a prohibition order might be regarded by the public ./Web_decision_-_Allenby_Stephen_NON-RESTRICTED.pdf-as a failure to uphold those high standards. In weighing these considerations I have had ./Web_decision_-_Allenby_Stephen_NON-RESTRICTED.pdf-to consider the matter from the point of view of an “ordinary intelligent and well-informed ./Web_decision_-_Allenby_Stephen_NON-RESTRICTED.pdf-citizen.” ./Web_decision_-_Allenby_Stephen_NON-RESTRICTED.pdf- ./Web_decision_-_Allenby_Stephen_NON-RESTRICTED.pdf-I have also considered whether the publication of a finding of unacceptable professional ./Web_decision_-_Allenby_Stephen_NON-RESTRICTED.pdf-conduct, in the absence of a prohibition order, can itself be regarded by such a person as -- ./Web_decision_-_Allenby_Stephen_NON-RESTRICTED.pdf-Therefore considering all of the circumstances of the case, the panel finds his ./Web_decision_-_Allenby_Stephen_NON-RESTRICTED.pdf-misconduct to be at the lower end of the spectrum of seriousness.” ./Web_decision_-_Allenby_Stephen_NON-RESTRICTED.pdf- ./Web_decision_-_Allenby_Stephen_NON-RESTRICTED.pdf-The panel has also said that a 3 year review period would “be proportionate in all the ./Web_decision_-_Allenby_Stephen_NON-RESTRICTED.pdf-circumstances.” ./Web_decision_-_Allenby_Stephen_NON-RESTRICTED.pdf- ./Web_decision_-_Allenby_Stephen_NON-RESTRICTED.pdf-I have considered whether a 3 year review period reflects the seriousness of the findings ./Web_decision_-_Allenby_Stephen_NON-RESTRICTED.pdf-and is a proportionate period to achieve the aim of maintaining public confidence in the ./Web_decision_-_Allenby_Stephen_NON-RESTRICTED.pdf-profession. In this case, there are three factors that in my view mean that a two year ./Web_decision_-_Allenby_Stephen_NON-RESTRICTED.pdf-review period is not sufficient to achieve the aim of maintaining public confidence in the ./Web_decision_-_Allenby_Stephen_NON-RESTRICTED.pdf:profession. These elements are the sexual misconduct found, the lack of sufficient insight ./Web_decision_-_Allenby_Stephen_NON-RESTRICTED.pdf-or remorse, and the abuse of his position of trust. ./Web_decision_-_Allenby_Stephen_NON-RESTRICTED.pdf- ./Web_decision_-_Allenby_Stephen_NON-RESTRICTED.pdf-I consider therefore that a 3 year review period is required to satisfy the maintenance of ./Web_decision_-_Allenby_Stephen_NON-RESTRICTED.pdf-public confidence in the profession and is proportionate. ./Web_decision_-_Allenby_Stephen_NON-RESTRICTED.pdf- ./Web_decision_-_Allenby_Stephen_NON-RESTRICTED.pdf-This means that Mr Stephen Allenby is prohibited from teaching indefinitely and ./Web_decision_-_Allenby_Stephen_NON-RESTRICTED.pdf-cannot teach in any school, sixth form college, relevant youth accommodation or ./Web_decision_-_Allenby_Stephen_NON-RESTRICTED.pdf-children’s home in England. He may apply for the prohibition order to be set aside, but ./Web_decision_-_Allenby_Stephen_NON-RESTRICTED.pdf-not until 12 June 2020, 3 years from the date of this order at the earliest. This is not an ./Web_decision_-_Allenby_Stephen_NON-RESTRICTED.pdf-automatic right to have the prohibition order removed. If he does apply, a panel will meet ./Web_Decision_-_Barton__Judith.pdf-place. ./Web_Decision_-_Barton__Judith.pdf- ./Web_Decision_-_Barton__Judith.pdf-On 1 May 2013, Ms Barton was away ill. ./Web_Decision_-_Barton__Judith.pdf- ./Web_Decision_-_Barton__Judith.pdf-As a result of no action being taken by the School, the caller contacted the local authority ./Web_Decision_-_Barton__Judith.pdf-designated officer for safeguarding ("LADO") who, in turn, notified the Police. The Police ./Web_Decision_-_Barton__Judith.pdf-informed the LADO that they would be arresting Individual A at the end of the school day. ./Web_Decision_-_Barton__Judith.pdf-The LADO informed Mr Lang in order to make the necessary arrangements. ./Web_Decision_-_Barton__Judith.pdf- ./Web_Decision_-_Barton__Judith.pdf-Individual A was arrested on that day. He was subsequently prosecuted and was sentenced ./Web_Decision_-_Barton__Judith.pdf:to 2 years having pleaded guilty to two counts of sexual activity with a child. ./Web_Decision_-_Barton__Judith.pdf- ./Web_Decision_-_Barton__Judith.pdf-On 2 May 2013, Ms Barton and her deputy DSO, Individual C, interviewed Pupil A and the ./Web_Decision_-_Barton__Judith.pdf-LADO informed the school that a multi agency strategy meeting would be held to review the ./Web_Decision_-_Barton__Judith.pdf-disclosure received not only on 1 May 2013 but also the events which took place in 2011. ./Web_Decision_-_Barton__Judith.pdf- ./Web_Decision_-_Barton__Judith.pdf-On 3 May 2013, both Ms Barton and Mr Lang attended the strategy meeting. ./Web_Decision_-_Barton__Judith.pdf- ./Web_Decision_-_Barton__Judith.pdf-Subsequently, on 14 May 2014, at the instruction of the chair of governors, Witness A ./Web_Decision_-_Barton__Judith.pdf-commenced an investigation into the events of 2011 and 2013. The investigation included ./Web_Decision_-_Barton__Judith.pdf-interviews with Ms Barton and Mr Lang. ./Web_Decision_-_Beeken__Aaron.pdf-unacceptable professional conduct and that his conduct may bring the profession into ./Web_Decision_-_Beeken__Aaron.pdf-disrepute. These allegations are being taken to have been admitted. ./Web_Decision_-_Beeken__Aaron.pdf- ./Web_Decision_-_Beeken__Aaron.pdf- ./Web_Decision_-_Beeken__Aaron.pdf-C. Preliminary applications ./Web_Decision_-_Beeken__Aaron.pdf:Consideration of whether there was a need for a sexual motivation allegation ./Web_Decision_-_Beeken__Aaron.pdf- ./Web_Decision_-_Beeken__Aaron.pdf-The legal advisor advised the panel that it needed to consider whether the allegations ./Web_Decision_-_Beeken__Aaron.pdf:should be amended to include some form of sexual motivation allegation, as the papers ./Web_Decision_-_Beeken__Aaron.pdf:included in the bundle indicated that the National College had included sexual motivation ./Web_Decision_-_Beeken__Aaron.pdf-in its initial investigation. The legal advisor referred to the case of R (on the application of ./Web_Decision_-_Beeken__Aaron.pdf-Council for the Regulation of Health Care Professionals) v General Medical Council and ./Web_Decision_-_Beeken__Aaron.pdf-Dr Mahesh Rajeshwar [2005] EWHC 2973 (Admin). The appellant in this case appealed ./Web_Decision_-_Beeken__Aaron.pdf-against a decision of the GMC's Fitness to Practise Panel that Dr Rajeshwar was guilty ./Web_Decision_-_Beeken__Aaron.pdf-only of inappropriate or incompetent behaviour towards two female patients. The ./Web_Decision_-_Beeken__Aaron.pdf-appellant maintained that the GMC's Preliminary Proceedings Committee should have ./Web_Decision_-_Beeken__Aaron.pdf-considered a charge alleging that Dr Rajeshwar’s unnecessary examination of the ./Web_Decision_-_Beeken__Aaron.pdf:patients' breasts had been sexually motivated or indecent. If Dr Rajeshwar had been ./Web_Decision_-_Beeken__Aaron.pdf-found guilty on that basis, the appellant argued that the panel's sanction of imposing ./Web_Decision_-_Beeken__Aaron.pdf-conditions on his registration would have been unduly lenient. ./Web_Decision_-_Beeken__Aaron.pdf- ./Web_Decision_-_Beeken__Aaron.pdf:The court found that the GMC's failure to consider a charge alleging indecency or sexual ./Web_Decision_-_Beeken__Aaron.pdf-motivation meant the panel had not performed its task properly and a serious procedural ./Web_Decision_-_Beeken__Aaron.pdf-irregularity had occurred. The legal advisor indicated to the panel that it needed to ./Web_Decision_-_Beeken__Aaron.pdf-consider whether it was content to hear the allegations as currently drafted without an ./Web_Decision_-_Beeken__Aaron.pdf:allegation of sexual motivation being specifically pleaded. ./Web_Decision_-_Beeken__Aaron.pdf- ./Web_Decision_-_Beeken__Aaron.pdf-The presenting officer submitted that the National College’s case is not best ./Web_Decision_-_Beeken__Aaron.pdf:characterised as a sexual motivation case. The National College does not allege that the ./Web_Decision_-_Beeken__Aaron.pdf:basis of Mr Beeken’s communications with Pupil A was sexually motivated. The case is ./Web_Decision_-_Beeken__Aaron.pdf-presented as an inappropriate teacher/pupil relationship or blurring of the appropriate ./Web_Decision_-_Beeken__Aaron.pdf-professional boundaries. The presenting officer submitted that the case could be ./Web_Decision_-_Beeken__Aaron.pdf-characterised as a teacher potentially off-loading personal emotions in communications ./Web_Decision_-_Beeken__Aaron.pdf-to the relevant pupil. ./Web_Decision_-_Beeken__Aaron.pdf- ./Web_Decision_-_Beeken__Aaron.pdf-The presenting officer referred to notes of a meeting with the Academy, included in the ./Web_Decision_-_Beeken__Aaron.pdf-bundle, in which Mr Beeken allegedly stated that he had fallen “in love” with Pupil A. The ./Web_Decision_-_Beeken__Aaron.pdf-presenting officer submitted that there is a difference between having feelings for a pupil ./Web_Decision_-_Beeken__Aaron.pdf:and then communicating in a further way that suggests sexual desire. ./Web_Decision_-_Beeken__Aaron.pdf- ./Web_Decision_-_Beeken__Aaron.pdf-The teacher’s representative stressed to the panel that the National College has ./Web_Decision_-_Beeken__Aaron.pdf:considered previously whether the evidence supports an allegation of sexual motivation. ./Web_Decision_-_Beeken__Aaron.pdf-The teacher’s representative indicates that the National College has chosen rightly not to ./Web_Decision_-_Beeken__Aaron.pdf-pursue this as an allegation and impressed on the panel that Mr Beeken’s defence has ./Web_Decision_-_Beeken__Aaron.pdf- ./Web_Decision_-_Beeken__Aaron.pdf- ./Web_Decision_-_Beeken__Aaron.pdf- 6 ./Web_Decision_-_Beeken__Aaron.pdf- -- ./Web_Decision_-_Beeken__Aaron.pdf-been prepared on the basis that it is a blurring of professional boundaries only. This is a ./Web_Decision_-_Beeken__Aaron.pdf-proportionate approach to these proceedings. ./Web_Decision_-_Beeken__Aaron.pdf- ./Web_Decision_-_Beeken__Aaron.pdf-The panel was content to accept the parties’ submissions and concluded that it was not ./Web_Decision_-_Beeken__Aaron.pdf:necessary for the allegations to be amended to include sexual motivation. It was mindful ./Web_Decision_-_Beeken__Aaron.pdf-that the National College had already considered pursuing such an allegation and the ./Web_Decision_-_Beeken__Aaron.pdf-panel considered it was reasonable for the National College to focus on the inappropriate ./Web_Decision_-_Beeken__Aaron.pdf-nature of communications in the allegations currently presented. The panel was also ./Web_Decision_-_Beeken__Aaron.pdf-mindful if such an allegation were to be included at this stage, this may result in a need ./Web_Decision_-_Beeken__Aaron.pdf-for an adjournment which would delay these proceedings and this would have a ./Web_Decision_-_Beeken__Aaron.pdf-disproportionate impact on Mr Beeken. The public interest is served by there being no ./Web_Decision_-_Beeken__Aaron.pdf:inclusion of sexual motivation in the wording of the allegations. ./Web_Decision_-_Beeken__Aaron.pdf- ./Web_Decision_-_Beeken__Aaron.pdf-Consideration of whether to exclude details of the internal disciplinary process ./Web_Decision_-_Beeken__Aaron.pdf- ./Web_Decision_-_Beeken__Aaron.pdf-The legal advisor drew to the panel’s attention the case of Enemuwe v Nursing Midwifery ./Web_Decision_-_Beeken__Aaron.pdf-Council [2015] EWHC 2081 (Admin). This case considered the Nursing Midwifery ./Web_Decision_-_Beeken__Aaron.pdf-Council’s (“NMC”) normal practice that findings of fact made effectively by another panel ./Web_Decision_-_Beeken__Aaron.pdf-or another person are generally not admissible in those proceedings. The High Court ./Web_Decision_-_Beeken__Aaron.pdf-determined, in this case, that the NMC committee that considered Ms Enemuwe’s case ./Web_Decision_-_Beeken__Aaron.pdf-erred in including the outcomes of a disciplinary investigation report in its findings relating ./Web_Decision_-_Beeken__Aaron.pdf-to whether Ms Enemuwe’s fitness to practise was impaired. The Court considered that as -- ./Web_Decision_-_Beeken__Aaron.pdf-In considering whether to recommend to the Secretary of State that a prohibition order ./Web_Decision_-_Beeken__Aaron.pdf-should be made, the panel has to consider whether it is an appropriate and proportionate ./Web_Decision_-_Beeken__Aaron.pdf-measure, and whether it is in the public interest to do so. Prohibition orders should not be ./Web_Decision_-_Beeken__Aaron.pdf-given in order to be punitive, or to show that blame has been apportioned, although they ./Web_Decision_-_Beeken__Aaron.pdf-are likely to have punitive effect. ./Web_Decision_-_Beeken__Aaron.pdf- ./Web_Decision_-_Beeken__Aaron.pdf-The panel noted that the National College did not seek to argue, in its case, that any of ./Web_Decision_-_Beeken__Aaron.pdf:Mr Beeken’s alleged behaviour was sexually motivated. As reflected in the panel’s ./Web_Decision_-_Beeken__Aaron.pdf-decision on this issue (as set out in the preliminary application section of this decision), ./Web_Decision_-_Beeken__Aaron.pdf-the panel considered this was wholly appropriate given the nature of the allegations. ./Web_Decision_-_Beeken__Aaron.pdf- ./Web_Decision_-_Beeken__Aaron.pdf-The panel took further account of the Advice, which suggests that a prohibition order may ./Web_Decision_-_Beeken__Aaron.pdf-be appropriate if certain behaviours of a teacher have been proven. In the list of such ./Web_Decision_-_Beeken__Aaron.pdf-behaviours, those that are relevant in this case are: ./Web_Decision_-_Beeken__Aaron.pdf- ./Web_Decision_-_Beeken__Aaron.pdf-  serious departure from the personal and professional conduct elements of the ./Web_Decision_-_Beeken__Aaron.pdf- Teachers’ Standards; ./Web_Decision_-_Beeken__Aaron.pdf-  misconduct seriously affecting the education and/or well-being of pupils, and -- ./Web_Decision_-_Beeken__Aaron.pdf- ./Web_Decision_-_Beeken__Aaron.pdf- ./Web_Decision_-_Beeken__Aaron.pdf-Decision and reasons on behalf of the Secretary of State ./Web_Decision_-_Beeken__Aaron.pdf-I have given very careful consideration to this decision and to the recommendation made ./Web_Decision_-_Beeken__Aaron.pdf-by the panel following their careful deliberations. ./Web_Decision_-_Beeken__Aaron.pdf- ./Web_Decision_-_Beeken__Aaron.pdf-I have noted the facts that were found proven by the panel and noted that in respect of ./Web_Decision_-_Beeken__Aaron.pdf-allegation 7 the panel found the facts not proven as the allegation was withdrawn. ./Web_Decision_-_Beeken__Aaron.pdf- ./Web_Decision_-_Beeken__Aaron.pdf-I have taken careful note of the panel’s reflections on whether or not the allegations ./Web_Decision_-_Beeken__Aaron.pdf:should have included any element of sexual motivation. ./Web_Decision_-_Beeken__Aaron.pdf- ./Web_Decision_-_Beeken__Aaron.pdf-I have noted that having taken into account the representations of both the teacher and ./Web_Decision_-_Beeken__Aaron.pdf:the presenting officer that this case did not involve sexual motivation, the panel, after ./Web_Decision_-_Beeken__Aaron.pdf-giving the issue careful consideration also reached that view. ./Web_Decision_-_Beeken__Aaron.pdf- ./Web_Decision_-_Beeken__Aaron.pdf-I have noted that for the allegations that were found proven on the facts, the panel also ./Web_Decision_-_Beeken__Aaron.pdf-found that these facts amounted to unacceptable professional conduct and also conduct ./Web_Decision_-_Beeken__Aaron.pdf-that was likely to bring the profession into disrepute. ./Web_Decision_-_Beeken__Aaron.pdf- ./Web_Decision_-_Beeken__Aaron.pdf-I have taken into account the guidance published by the Secretary of State and also the ./Web_Decision_-_Beeken__Aaron.pdf-need to balance the interests of the teacher with the public interest. ./Web_Decision_-_Beeken__Aaron.pdf- ./Web_Decision_-_Beeken__Aaron.pdf-I have also taken into account the need to be proportionate. ./Web_Decision_-_Boothby__John.pdf-B. Allegations ./Web_Decision_-_Boothby__John.pdf-The panel considered the allegation set out in the notice of meeting dated 11 December ./Web_Decision_-_Boothby__John.pdf-2015. ./Web_Decision_-_Boothby__John.pdf- ./Web_Decision_-_Boothby__John.pdf-It was alleged that Mr Boothby was guilty of unacceptable professional conduct and/or ./Web_Decision_-_Boothby__John.pdf-conduct that may bring the profession into disrepute, in that he: ./Web_Decision_-_Boothby__John.pdf- ./Web_Decision_-_Boothby__John.pdf- 1. failed to maintain appropriate professional boundaries and/or breached his ./Web_Decision_-_Boothby__John.pdf: position of trust in that he engaged in a sexual relationship with Pupil A. ./Web_Decision_-_Boothby__John.pdf- ./Web_Decision_-_Boothby__John.pdf-Mr Boothby has admitted the facts of the allegation, but he has not expressly admitted ./Web_Decision_-_Boothby__John.pdf-that they amount to unacceptable professional conduct. ./Web_Decision_-_Boothby__John.pdf- ./Web_Decision_-_Boothby__John.pdf- ./Web_Decision_-_Boothby__John.pdf-C. Preliminary applications ./Web_Decision_-_Boothby__John.pdf-Whilst there were no preliminary applications, the panel considered at the outset whether ./Web_Decision_-_Boothby__John.pdf-the allegation should be considered at a public hearing at which the parties would be ./Web_Decision_-_Boothby__John.pdf-entitled to attend, or a private meeting without the parties present. The panel considered ./Web_Decision_-_Boothby__John.pdf-the interests of justice and given that the facts of the allegation have been admitted, that -- ./Web_Decision_-_Boothby__John.pdf- ./Web_Decision_-_Boothby__John.pdf-E. Decision and reasons ./Web_Decision_-_Boothby__John.pdf-The panel announced its decision and reasons as follows: ./Web_Decision_-_Boothby__John.pdf- ./Web_Decision_-_Boothby__John.pdf-The panel carefully considered the case before it and reached a decision. ./Web_Decision_-_Boothby__John.pdf- ./Web_Decision_-_Boothby__John.pdf-The panel confirmed that it had read all the documents provided in the bundle in advance ./Web_Decision_-_Boothby__John.pdf-of the meeting. ./Web_Decision_-_Boothby__John.pdf- ./Web_Decision_-_Boothby__John.pdf-Mr Boothby had been a teacher at Canford School (the “school”) since September 2010. ./Web_Decision_-_Boothby__John.pdf:It was alleged that he engaged in a sexual relationship with Pupil A, whilst she was still a ./Web_Decision_-_Boothby__John.pdf-pupil at the school. ./Web_Decision_-_Boothby__John.pdf- ./Web_Decision_-_Boothby__John.pdf-Findings of fact ./Web_Decision_-_Boothby__John.pdf-The panel’s findings of fact are as follows. The panel noted Mr Boothby’s admissions of ./Web_Decision_-_Boothby__John.pdf-the facts of the allegation. However, the panel also turned its own independent mind to ./Web_Decision_-_Boothby__John.pdf-considering whether or not the facts of the allegation have been proven. ./Web_Decision_-_Boothby__John.pdf- ./Web_Decision_-_Boothby__John.pdf-The panel has found the following particulars of the allegation against Mr Boothby ./Web_Decision_-_Boothby__John.pdf-proven, for these reasons: ./Web_Decision_-_Boothby__John.pdf- ./Web_Decision_-_Boothby__John.pdf- 1. failed to maintain appropriate professional boundaries and/or breached his ./Web_Decision_-_Boothby__John.pdf: position of trust in that he engaged in a sexual relationship with Pupil A. ./Web_Decision_-_Boothby__John.pdf- ./Web_Decision_-_Boothby__John.pdf-The panel noted that in the record of the police interview with Pupil A dated 17 July 2014, ./Web_Decision_-_Boothby__John.pdf-Pupil A confirmed that she was in a relationship with Mr Boothby. She said that “It started ./Web_Decision_-_Boothby__John.pdf-about 2 months ago; it was consensual and not forced.” (see page 38). She explained ./Web_Decision_-_Boothby__John.pdf-that they initially became close, they kissed, they gradually became more comfortable ./Web_Decision_-_Boothby__John.pdf:around each other and eventually “a sexual relationship did develop, but not that rapidly” ./Web_Decision_-_Boothby__John.pdf-(see page 39). Pupil A also confirmed that she had “ended up in a B and B” with Mr ./Web_Decision_-_Boothby__John.pdf-Boothby during half term, where he had told her that he loved her. She added that “I told ./Web_Decision_-_Boothby__John.pdf-him I loved him a week later.” (see page 39). ./Web_Decision_-_Boothby__John.pdf- ./Web_Decision_-_Boothby__John.pdf-The panel also noted Mr Boothby’s submissions to the school’s investigation dated 3 ./Web_Decision_-_Boothby__John.pdf-August 2014, in which he acknowledged the affair with Pupil A and acknowledged that “I ./Web_Decision_-_Boothby__John.pdf- ./Web_Decision_-_Boothby__John.pdf- 5 ./Web_Decision_-_Boothby__John.pdf- -- ./Web_Decision_-_Boothby__John.pdf-was well aware at the time that the affair constituted a serious breach of school policies” ./Web_Decision_-_Boothby__John.pdf-(see page 52). ./Web_Decision_-_Boothby__John.pdf- ./Web_Decision_-_Boothby__John.pdf-In addition, the panel took account of Mr Boothby’s representations to the NCTL dated 4 ./Web_Decision_-_Boothby__John.pdf-August 2015, in which he stated: “I accept the central charge here [i.e. that he had an ./Web_Decision_-_Boothby__John.pdf:inappropriate sexual relationship with Pupil A]. In engaging in a sexual relationship with ./Web_Decision_-_Boothby__John.pdf-[Pupil A], I was entirely unprofessional, and fully deserve the termination of employment ./Web_Decision_-_Boothby__John.pdf-and procedures that have followed. … my behaviour is something I hugely regret: it has ./Web_Decision_-_Boothby__John.pdf-caused more pain to my family and close friends than I would ever have wished to bring ./Web_Decision_-_Boothby__John.pdf-anyone, and was a huge breach of the standards that were, rightly, expected of me as a ./Web_Decision_-_Boothby__John.pdf-teacher.” (see page 77). ./Web_Decision_-_Boothby__John.pdf- ./Web_Decision_-_Boothby__John.pdf-Further, Mrs Boothby’s statement confirmed that Mr Boothby had told her that he had ./Web_Decision_-_Boothby__John.pdf-been having an affair and she subsequently became aware that this was with Pupil A ./Web_Decision_-_Boothby__John.pdf-(see pages 19 and 20). ./Web_Decision_-_Boothby__John.pdf- -- ./Web_Decision_-_Boothby__John.pdf-what had happened. We knew that we shouldn’t be doing it, knew the risks – you know ./Web_Decision_-_Boothby__John.pdf-teacher/pupil.” (page 38). She added that “he was in a position of trust” (page 39). The ./Web_Decision_-_Boothby__John.pdf-panel was of the view that this demonstrated that Mr Boothby had been aware of his ./Web_Decision_-_Boothby__John.pdf-special position as Pupil A’s teacher, but nevertheless actively decided to pursue the ./Web_Decision_-_Boothby__John.pdf-relationship with her. This was a clear failure by Mr Boothby to observe proper ./Web_Decision_-_Boothby__John.pdf-boundaries, and was also a serious breach of the school’s policies and national ./Web_Decision_-_Boothby__John.pdf-requirements. ./Web_Decision_-_Boothby__John.pdf- ./Web_Decision_-_Boothby__John.pdf-The panel also considered whether Mr Boothby’s conduct displayed behaviours ./Web_Decision_-_Boothby__John.pdf-associated with any of the offences listed on pages 8 and 9 of the Advice and found that ./Web_Decision_-_Boothby__John.pdf:behaviours associated with offences involving sexual activity were relevant. The Advice ./Web_Decision_-_Boothby__John.pdf-indicated that where behaviours associated with such an offence exist, a panel would be ./Web_Decision_-_Boothby__John.pdf-likely to conclude that an individual’s conduct would amount to unacceptable professional ./Web_Decision_-_Boothby__John.pdf-conduct. ./Web_Decision_-_Boothby__John.pdf- ./Web_Decision_-_Boothby__John.pdf-The panel saw no reason to depart from the Advice, and was satisfied that Mr Boothby ./Web_Decision_-_Boothby__John.pdf-was guilty of unacceptable professional conduct. ./Web_Decision_-_Boothby__John.pdf- ./Web_Decision_-_Boothby__John.pdf-The panel also considered whether Mr Boothby was guilty of conduct that could bring the ./Web_Decision_-_Boothby__John.pdf-profession into disrepute. ./Web_Decision_-_Boothby__John.pdf- ./Web_Decision_-_Boothby__John.pdf-The panel considered how the teaching profession is viewed by others and the influence ./Web_Decision_-_Boothby__John.pdf-that teachers may have on pupils, parents and others in the community. The panel took ./Web_Decision_-_Boothby__John.pdf-account of the uniquely influential role that teachers can hold in pupils’ lives and that ./Web_Decision_-_Boothby__John.pdf-pupils must be able to view teachers as role models in the way they behave. By any ./Web_Decision_-_Boothby__John.pdf:measure, Mr Boothby’s actions in engaging in a sexual relationship with a pupil under his ./Web_Decision_-_Boothby__John.pdf-care, would in the panel’s view bring the teaching profession into disrepute. This remains ./Web_Decision_-_Boothby__John.pdf-the case even in these circumstances where the pupil was over the age of 18 at the time ./Web_Decision_-_Boothby__John.pdf-of the admitted conduct. In light of this, the panel found that Mr Boothby’s conduct would ./Web_Decision_-_Boothby__John.pdf-likely have a negative impact on the public’s perception of teachers, and it therefore ./Web_Decision_-_Boothby__John.pdf-constituted conduct that would bring the profession into disrepute. ./Web_Decision_-_Boothby__John.pdf- ./Web_Decision_-_Boothby__John.pdf- ./Web_Decision_-_Boothby__John.pdf- ./Web_Decision_-_Boothby__John.pdf- 7 ./Web_Decision_-_Boothby__John.pdf- -- ./Web_Decision_-_Boothby__John.pdf- ./Web_Decision_-_Boothby__John.pdf-The panel considered the particular public interest considerations set out in the Advice ./Web_Decision_-_Boothby__John.pdf-and having done so found a number of them to be relevant in this case, namely: ./Web_Decision_-_Boothby__John.pdf- ./Web_Decision_-_Boothby__John.pdf-  the protection of pupils; ./Web_Decision_-_Boothby__John.pdf- ./Web_Decision_-_Boothby__John.pdf-  the maintenance of public confidence in the profession; and ./Web_Decision_-_Boothby__John.pdf- ./Web_Decision_-_Boothby__John.pdf-  declaring and upholding proper standards of conduct. ./Web_Decision_-_Boothby__John.pdf- ./Web_Decision_-_Boothby__John.pdf:In light of the panel’s findings that Mr Boothby had engaged in an inappropriate sexual ./Web_Decision_-_Boothby__John.pdf-relationship with Pupil A, the panel was of the view that there was a strong public interest ./Web_Decision_-_Boothby__John.pdf-consideration in respect of the protection of pupils to prevent future contravention of ./Web_Decision_-_Boothby__John.pdf-appropriate professional boundaries. Similarly, the panel considered that public ./Web_Decision_-_Boothby__John.pdf-confidence in the profession could be seriously weakened if conduct such as that found ./Web_Decision_-_Boothby__John.pdf-against Mr Boothby were not treated with the utmost seriousness when regulating the ./Web_Decision_-_Boothby__John.pdf-conduct of the profession. Further the panel considered that a strong public interest ./Web_Decision_-_Boothby__John.pdf-consideration in declaring proper standards of conduct in the profession was also present ./Web_Decision_-_Boothby__John.pdf-as the conduct found against Mr Boothby was outside that which could reasonably be ./Web_Decision_-_Boothby__John.pdf-tolerated. ./Web_Decision_-_Boothby__John.pdf- -- ./Web_Decision_-_Boothby__John.pdf-  abuse of position or trust (particularly involving vulnerable pupils) or violation of the ./Web_Decision_-_Boothby__John.pdf- rights of pupils; and ./Web_Decision_-_Boothby__John.pdf:  sexual misconduct, eg involving actions that were sexually motivated or of a ./Web_Decision_-_Boothby__John.pdf: sexual nature and/or that use or exploit the trust, knowledge or influence derived ./Web_Decision_-_Boothby__John.pdf- from the individual’s professional position. ./Web_Decision_-_Boothby__John.pdf-Even though there were behaviours that would point to a prohibition order being ./Web_Decision_-_Boothby__John.pdf-appropriate, the panel went on to consider whether or not there were sufficient mitigating ./Web_Decision_-_Boothby__John.pdf-factors to militate against a prohibition order being an appropriate and proportionate ./Web_Decision_-_Boothby__John.pdf-measure to impose, particularly taking into account the nature and severity of the ./Web_Decision_-_Boothby__John.pdf-behaviour in this case. The was no evidence that Mr Boothby’s actions were not ./Web_Decision_-_Boothby__John.pdf-deliberate or that he was acting under duress. However, the panel accepted that Mr ./Web_Decision_-_Boothby__John.pdf-Boothby did have a previously good history. In particular, the panel noted the numerous ./Web_Decision_-_Boothby__John.pdf-positive comments in Mr Boothby’s appraisal of April 2014, regarding his teaching ./Web_Decision_-_Boothby__John.pdf-abilities, impact on pupils’ results and his rapport with pupils (see pages 83 to 85). ./Web_Decision_-_Boothby__John.pdf- ./Web_Decision_-_Boothby__John.pdf:Taking all of the circumstances into account, in particular given the sexual nature of Mr ./Web_Decision_-_Boothby__John.pdf-Boothby’s conduct, the panel saw no reason to depart from the guidance contained in the ./Web_Decision_-_Boothby__John.pdf-Advice and was of the view that prohibition would be both proportionate and necessary. ./Web_Decision_-_Boothby__John.pdf-The panel decided that the public interest considerations outweighed the interests of Mr ./Web_Decision_-_Boothby__John.pdf-Boothby, who himself acknowledged that an appropriate sanction would be prohibition. ./Web_Decision_-_Boothby__John.pdf- ./Web_Decision_-_Boothby__John.pdf-Accordingly, the panel made a recommendation to the Secretary of State that a ./Web_Decision_-_Boothby__John.pdf-prohibition order should be imposed with immediate effect. ./Web_Decision_-_Boothby__John.pdf- ./Web_Decision_-_Boothby__John.pdf-The panel went on to consider whether or not it would be appropriate for it to recommend ./Web_Decision_-_Boothby__John.pdf-a review period for the prohibition order. The panel was mindful that the Advice stated ./Web_Decision_-_Boothby__John.pdf-that a prohibition order applies for life, but there may be circumstances in any given case ./Web_Decision_-_Boothby__John.pdf-that may make it appropriate to allow a teacher to apply to have the prohibition order ./Web_Decision_-_Boothby__John.pdf-reviewed after a specified period of time that may not be less than 2 years. ./Web_Decision_-_Boothby__John.pdf- ./Web_Decision_-_Boothby__John.pdf-The Advice indicated that there were behaviours that, if proven, would militate against a ./Web_Decision_-_Boothby__John.pdf:review period being recommended. These behaviours included serious sexual ./Web_Decision_-_Boothby__John.pdf:misconduct, e.g. where the act was sexually motivated and resulted in or had the ./Web_Decision_-_Boothby__John.pdf-potential to result in, harm to a person or persons, particularly where the individual has ./Web_Decision_-_Boothby__John.pdf-used their professional position to influence or exploit a person or persons. The panel ./Web_Decision_-_Boothby__John.pdf:was of the view that Mr Boothby’s sexual misconduct was serious and had the potential ./Web_Decision_-_Boothby__John.pdf-to result in harm to Pupil A. ./Web_Decision_-_Boothby__John.pdf- ./Web_Decision_-_Boothby__John.pdf-The panel took into account evidence of some insight and remorse by Mr Boothby, ./Web_Decision_-_Boothby__John.pdf-including in his submissions to the school’s investigation (see page 51), and his ./Web_Decision_-_Boothby__John.pdf-representations to the NCTL (see pages 79, 81 and 82). However, the panel was of the ./Web_Decision_-_Boothby__John.pdf-view that, whilst Mr Boothby was clearly remorseful about the events, he had not ./Web_Decision_-_Boothby__John.pdf-expressed sufficient insight into the role of a teacher and the importance of maintaining ./Web_Decision_-_Boothby__John.pdf-professional boundaries in order to prevent such a situation arising at all. He did not ./Web_Decision_-_Boothby__John.pdf- ./Web_Decision_-_Boothby__John.pdf- 9 -- ./Web_Decision_-_Boothby__John.pdf-would be proportionate in all the circumstances for the prohibition order to be ./Web_Decision_-_Boothby__John.pdf-recommended without provision for a review period. ./Web_Decision_-_Boothby__John.pdf- ./Web_Decision_-_Boothby__John.pdf- ./Web_Decision_-_Boothby__John.pdf-Decision and reasons on behalf of the Secretary of State ./Web_Decision_-_Boothby__John.pdf-I have given careful consideration to the findings and recommendations of the panel in ./Web_Decision_-_Boothby__John.pdf-this case. The panel has found the allegation proven and judge that the facts amount to ./Web_Decision_-_Boothby__John.pdf-unacceptable professional conduct and conduct that may bring the profession into ./Web_Decision_-_Boothby__John.pdf-disrepute. ./Web_Decision_-_Boothby__John.pdf- ./Web_Decision_-_Boothby__John.pdf:Mr Boothby had engaged in an inappropriate sexual relationship with a pupil. ./Web_Decision_-_Boothby__John.pdf- ./Web_Decision_-_Boothby__John.pdf-The panel was of a view that there was a strong public interest consideration in respect ./Web_Decision_-_Boothby__John.pdf-of the protection of pupils to prevent future contravention of appropriate professional ./Web_Decision_-_Boothby__John.pdf-boundaries. ./Web_Decision_-_Boothby__John.pdf- ./Web_Decision_-_Boothby__John.pdf-I have noted that the panel considered these public interest considerations both in favour ./Web_Decision_-_Boothby__John.pdf-of and against prohibition as well as the interests of Mr Boothby. The panel considered ./Web_Decision_-_Boothby__John.pdf-whether there were sufficient mitigating factors against a prohibition order, taking into ./Web_Decision_-_Boothby__John.pdf-account the nature and severity of the behaviour in this case. There was no evidence that ./Web_Decision_-_Boothby__John.pdf-Mr Boothby’s actions were not deliberate or that he was acting under duress. The panel ./Web_Decision_-_Boothby__John.pdf-accepted that Mr Boothby did have a previously good history, and noted numerous ./Web_Decision_-_Boothby__John.pdf-positive comments in Mr Boothby’s appraisal of April 2014. The panel decided that the ./Web_Decision_-_Boothby__John.pdf-public interest considerations outweighed the interests of Mr Boothby, who himself ./Web_Decision_-_Boothby__John.pdf-acknowledged that an appropriate sanction would be prohibition. I agree with their ./Web_Decision_-_Boothby__John.pdf-recommendation. ./Web_Decision_-_Boothby__John.pdf- ./Web_Decision_-_Boothby__John.pdf:For the reasons set out, I support the view of the panel that the sexual nature of Mr ./Web_Decision_-_Boothby__John.pdf-Boothby’s conduct means prohibition is both proportionate and necessary. ./Web_Decision_-_Boothby__John.pdf- ./Web_Decision_-_Boothby__John.pdf:I have considered the matter of a review period. Mr Boothby’s sexual misconduct was ./Web_Decision_-_Boothby__John.pdf-serious and had the potential to result in harm to Pupil A. Taking into account evidence of ./Web_Decision_-_Boothby__John.pdf-some insight and remorse by Mr Boothby, the panel was of a view that he had not ./Web_Decision_-_Boothby__John.pdf- ./Web_Decision_-_Boothby__John.pdf- ./Web_Decision_-_Boothby__John.pdf- 10 ./Web_Decision_-_Boothby__John.pdf- ./Web_decision_-_Choudhury__Mahmudul_-_0652224.pdf- ./Web_decision_-_Choudhury__Mahmudul_-_0652224.pdf-The panel went on to consider whether or not it would be appropriate for them to decide ./Web_decision_-_Choudhury__Mahmudul_-_0652224.pdf-to recommend that a review period of the order should be considered. The panel were ./Web_decision_-_Choudhury__Mahmudul_-_0652224.pdf-mindful that the Advice advises that a prohibition order applies for life, but there may be ./Web_decision_-_Choudhury__Mahmudul_-_0652224.pdf-circumstances in any given case that may make it appropriate to allow a teacher to apply ./Web_decision_-_Choudhury__Mahmudul_-_0652224.pdf-to have the prohibition order reviewed after a specified period of time that may not be ./Web_decision_-_Choudhury__Mahmudul_-_0652224.pdf-less than 2 years. ./Web_decision_-_Choudhury__Mahmudul_-_0652224.pdf- ./Web_decision_-_Choudhury__Mahmudul_-_0652224.pdf-The Advice indicates that there are behaviours that, if proven, would militate against a ./Web_decision_-_Choudhury__Mahmudul_-_0652224.pdf-review period being recommended. One of these is intolerance and/or hatred on the ./Web_decision_-_Choudhury__Mahmudul_-_0652224.pdf:grounds of race/religion or sexual orientation. This behaviour was clearly present in the ./Web_decision_-_Choudhury__Mahmudul_-_0652224.pdf-facts found proven, including as they did the use of threatening, abusive or insulting ./Web_decision_-_Choudhury__Mahmudul_-_0652224.pdf-words with intent to cause, or thereby causing harassment, alarm or distress, which was ./Web_decision_-_Choudhury__Mahmudul_-_0652224.pdf-found by a criminal court to be racially aggravated. ./Web_decision_-_Choudhury__Mahmudul_-_0652224.pdf- ./Web_decision_-_Choudhury__Mahmudul_-_0652224.pdf-The panel notes that Mr Choudhury has sent an apology to a former pupil who had ./Web_decision_-_Choudhury__Mahmudul_-_0652224.pdf-viewed the Facebook post in question, but aside from this has seen little evidence that Mr ./Web_decision_-_Choudhury__Mahmudul_-_0652224.pdf-Choudhury has any insight into or remorse for his actions. The panel notes that Mr ./Web_decision_-_Choudhury__Mahmudul_-_0652224.pdf-Choudhury has instead, in his statement to the panel, sought to go behind the conviction, ./Web_decision_-_Choudhury__Mahmudul_-_0652224.pdf-trying to cast doubt on whether he did in fact post the image or comment in question. Mr ./Web_decision_-_Choudhury__Mahmudul_-_0652224.pdf-Choudhury’s engagement with the panel has been minimal, with him supplying a -- ./Web_decision_-_Choudhury__Mahmudul_-_0652224.pdf-  declaring and upholding proper standards of conduct; and ./Web_decision_-_Choudhury__Mahmudul_-_0652224.pdf-  the protection of pupils. ./Web_decision_-_Choudhury__Mahmudul_-_0652224.pdf-The panel has found Mr Choudhury’s actions to be deliberate and there is no evidence to ./Web_decision_-_Choudhury__Mahmudul_-_0652224.pdf-suggest he was acting under duress. Mr Choudhury has been convicted of a racially ./Web_decision_-_Choudhury__Mahmudul_-_0652224.pdf-aggravated offence and the panel has recommended that a prohibition order be imposed. ./Web_decision_-_Choudhury__Mahmudul_-_0652224.pdf-I agree with that recommendation. ./Web_decision_-_Choudhury__Mahmudul_-_0652224.pdf- ./Web_decision_-_Choudhury__Mahmudul_-_0652224.pdf-In determining whether to allow Mr Choudhury to apply to have the order set aside at a ./Web_decision_-_Choudhury__Mahmudul_-_0652224.pdf-future date the panel has noted a number of positive references. However the Secretary ./Web_decision_-_Choudhury__Mahmudul_-_0652224.pdf-of State’s advice is clear that intolerance and/or hatred on the grounds of race/religion or ./Web_decision_-_Choudhury__Mahmudul_-_0652224.pdf:sexual orientation is a behaviour that might militate against a review period being set and ./Web_decision_-_Choudhury__Mahmudul_-_0652224.pdf-the panel has recommended that no opportunity should be given for a set aside ./Web_decision_-_Choudhury__Mahmudul_-_0652224.pdf-application. I agree with their recommendation. ./Web_decision_-_Choudhury__Mahmudul_-_0652224.pdf- ./Web_decision_-_Choudhury__Mahmudul_-_0652224.pdf-This means that Mr Mahmudul Choudhury is prohibited from teaching indefinitely ./Web_decision_-_Choudhury__Mahmudul_-_0652224.pdf-and cannot teach in any school, sixth form college, relevant youth accommodation ./Web_decision_-_Choudhury__Mahmudul_-_0652224.pdf-or children’s home in England. Furthermore, in view of the seriousness of the ./Web_decision_-_Choudhury__Mahmudul_-_0652224.pdf-allegation found proved against him, I have decided that Mr Mahmudul Choudhury shall ./Web_decision_-_Choudhury__Mahmudul_-_0652224.pdf-not be entitled to apply for restoration of his eligibility to teach. ./Web_decision_-_Choudhury__Mahmudul_-_0652224.pdf- ./Web_decision_-_Choudhury__Mahmudul_-_0652224.pdf-This order takes effect from the date on which it is served on the teacher. ./Web_Decision_-_Cooper_Daniel.pdf-B. Allegations ./Web_Decision_-_Cooper_Daniel.pdf-The panel considered the allegation set out in the Notice of Proceedings dated 11 March ./Web_Decision_-_Cooper_Daniel.pdf-2016. ./Web_Decision_-_Cooper_Daniel.pdf- ./Web_Decision_-_Cooper_Daniel.pdf-It was alleged that Mr Cooper was guilty of unacceptable professional conduct and/or ./Web_Decision_-_Cooper_Daniel.pdf-conduct that may bring the profession into disrepute, in that whilst employed at ./Web_Decision_-_Cooper_Daniel.pdf-Birkenhead High School Academy, Prenton, he: ./Web_Decision_-_Cooper_Daniel.pdf- ./Web_Decision_-_Cooper_Daniel.pdf: 1. Engaged in an inappropriate sexual relationship with Pupil A, whilst she was still ./Web_Decision_-_Cooper_Daniel.pdf- on the roll at Birkenhead High School Academy. ./Web_Decision_-_Cooper_Daniel.pdf- ./Web_Decision_-_Cooper_Daniel.pdf-Mr Cooper confirmed at the hearing that he admitted the facts of the allegation. ./Web_Decision_-_Cooper_Daniel.pdf- ./Web_Decision_-_Cooper_Daniel.pdf-In the Statement of Agreed and Disputed Facts at pages 12 to 14 of the bundle, Mr ./Web_Decision_-_Cooper_Daniel.pdf-Cooper denied that his conduct amounted to unacceptable professional conduct or ./Web_Decision_-_Cooper_Daniel.pdf-conduct that may bring the profession into disrepute. However, at the hearing, Mr Cooper ./Web_Decision_-_Cooper_Daniel.pdf-confirmed that he accepted that the behaviour admitted amounted to unacceptable ./Web_Decision_-_Cooper_Daniel.pdf-professional conduct and/or conduct that may bring the profession into disrepute. ./Web_Decision_-_Cooper_Daniel.pdf- -- ./Web_Decision_-_Cooper_Daniel.pdf-The panel announced its decision and reasons as follows: ./Web_Decision_-_Cooper_Daniel.pdf- ./Web_Decision_-_Cooper_Daniel.pdf-The panel has carefully considered the case before it and has reached a decision. ./Web_Decision_-_Cooper_Daniel.pdf- ./Web_Decision_-_Cooper_Daniel.pdf-The panel confirms that it has read all the documents provided in the bundle in advance ./Web_Decision_-_Cooper_Daniel.pdf-of the hearing and the additional material provided during the course of the hearing. ./Web_Decision_-_Cooper_Daniel.pdf- ./Web_Decision_-_Cooper_Daniel.pdf-Mr Cooper had been employed at Birkenhead High School Academy, Prenton (‘the ./Web_Decision_-_Cooper_Daniel.pdf-School’) as a religious education teacher since 1 September 2012, initially on a part time ./Web_Decision_-_Cooper_Daniel.pdf-basis, but full-time from 1 September 2013. It was alleged that he had engaged in an ./Web_Decision_-_Cooper_Daniel.pdf:inappropriate sexual relationship with Pupil A, whilst she was still on the roll at the ./Web_Decision_-_Cooper_Daniel.pdf-School. ./Web_Decision_-_Cooper_Daniel.pdf- ./Web_Decision_-_Cooper_Daniel.pdf-Findings of fact ./Web_Decision_-_Cooper_Daniel.pdf-Our findings of fact are as follows: ./Web_Decision_-_Cooper_Daniel.pdf- ./Web_Decision_-_Cooper_Daniel.pdf-Whilst employed at Birkenhead High School Academy, Prenton, you: ./Web_Decision_-_Cooper_Daniel.pdf- ./Web_Decision_-_Cooper_Daniel.pdf: 1. Engaged in an inappropriate sexual relationship with Pupil A, whilst she was ./Web_Decision_-_Cooper_Daniel.pdf- still on the roll at Birkenhead High School Academy. ./Web_Decision_-_Cooper_Daniel.pdf- ./Web_Decision_-_Cooper_Daniel.pdf-The facts of the allegation were admitted by Mr Cooper. Nevertheless, the panel turned ./Web_Decision_-_Cooper_Daniel.pdf-its own independent mind to the matter, considering all the evidence before it. ./Web_Decision_-_Cooper_Daniel.pdf- ./Web_Decision_-_Cooper_Daniel.pdf- ./Web_Decision_-_Cooper_Daniel.pdf- 5 ./Web_Decision_-_Cooper_Daniel.pdf- -- ./Web_Decision_-_Cooper_Daniel.pdf-In the Statement of Agreed Facts at page 12 of the bundle, it was confirmed that Pupil A ./Web_Decision_-_Cooper_Daniel.pdf-had been a pupil at the School and after completing her exams in the summer of 2014, ./Web_Decision_-_Cooper_Daniel.pdf-she remained on the school roll until the 31 August 2014. ./Web_Decision_-_Cooper_Daniel.pdf- ./Web_Decision_-_Cooper_Daniel.pdf-Mr Cooper admitted (page 13) that he had ‘bumped into’ Pupil A in August 2014 during a ./Web_Decision_-_Cooper_Daniel.pdf-night out in a nearby town, after Pupil A had completed her exams. Pupil A was 18 years ./Web_Decision_-_Cooper_Daniel.pdf:old at the time. They got talking and exchanged numbers, after which a sexual ./Web_Decision_-_Cooper_Daniel.pdf-relationship developed. Mr Cooper stated that Pupil A had ended the relationship in ./Web_Decision_-_Cooper_Daniel.pdf-September 2014. This was consistent with the evidence of Pupil A as shown in a record ./Web_Decision_-_Cooper_Daniel.pdf-of her interview as part of the School’s investigation, at page 40 of the bundle. ./Web_Decision_-_Cooper_Daniel.pdf- ./Web_Decision_-_Cooper_Daniel.pdf-Mr Cooper stated that he was not aware of the fact that Pupil A remained on the school ./Web_Decision_-_Cooper_Daniel.pdf-roll during August 2014 at the time of the relationship. He stated that he would not have ./Web_Decision_-_Cooper_Daniel.pdf-entered into a relationship with her had he been aware that she was still on the school ./Web_Decision_-_Cooper_Daniel.pdf-roll at the time (paragraph 12 of the Statement of Agreed and Disputed Facts at page ./Web_Decision_-_Cooper_Daniel.pdf-13). ./Web_Decision_-_Cooper_Daniel.pdf- -- ./Web_Decision_-_Cooper_Daniel.pdf-November 2013, in which Mr Cooper reported concerns about Pupil A’s welfare. ./Web_Decision_-_Cooper_Daniel.pdf- ./Web_Decision_-_Cooper_Daniel.pdf-Mr Cooper acknowledged having provided pastoral support to Pupil A during her time at ./Web_Decision_-_Cooper_Daniel.pdf-the School. In his statement at page 71 of the bundle, Mr Cooper stated that, ‘During the ./Web_Decision_-_Cooper_Daniel.pdf-school year [Pupil A] would sometimes come to speak to me about family problems, ./Web_Decision_-_Cooper_Daniel.pdf-issues with friends and school stress. Many students did this from time to time as it was ./Web_Decision_-_Cooper_Daniel.pdf-within my role as teacher to provide pastoral support to students and I was known as [sic] ./Web_Decision_-_Cooper_Daniel.pdf-someone who was willing to offer support’. ./Web_Decision_-_Cooper_Daniel.pdf- ./Web_Decision_-_Cooper_Daniel.pdf-When he was questioned as part of the school investigation (page 44), Mr Cooper ./Web_Decision_-_Cooper_Daniel.pdf:accepted that there had been a sexual relationship. Mr Cooper explained initially that he ./Web_Decision_-_Cooper_Daniel.pdf-didn’t think that Pupil A was vulnerable when the relationship happened, although when ./Web_Decision_-_Cooper_Daniel.pdf-asked whether he was aware of certain personal issues she faced he stated (page 45), ./Web_Decision_-_Cooper_Daniel.pdf-‘yes, I had a conversation with Individual D at the start of the academic year when [Pupil ./Web_Decision_-_Cooper_Daniel.pdf-A] was a student here. Individual D told me that [Pupil A] had issues and I needed to be ./Web_Decision_-_Cooper_Daniel.pdf-careful.’ In her statement (page 20) Individual D, head of the faculty for communications ./Web_Decision_-_Cooper_Daniel.pdf-recalls warning Mr Cooper to be ‘very careful’ as regards Pupil A and stating words to the ./Web_Decision_-_Cooper_Daniel.pdf-effect of ‘you have to watch that you don’t let students too close – particularly those who ./Web_Decision_-_Cooper_Daniel.pdf-are vulnerable such as Pupil A’. ./Web_Decision_-_Cooper_Daniel.pdf- ./Web_Decision_-_Cooper_Daniel.pdf-Mr Cooper was asked in oral evidence about his contention during the disciplinary -- ./Web_Decision_-_Cooper_Daniel.pdf-Reflecting on this, he stated the investigation came as a shock to him at the time. He said ./Web_Decision_-_Cooper_Daniel.pdf-that he thought he had meant that she wasn’t vulnerable ‘in the sense that she was able ./Web_Decision_-_Cooper_Daniel.pdf-to give informed consent’. Asked how he saw the position now, Mr Cooper said that he ./Web_Decision_-_Cooper_Daniel.pdf:accepted Pupil A had been vulnerable. Indeed, he stated that any sexual relationship ./Web_Decision_-_Cooper_Daniel.pdf-between a student and a teacher was one in which the student was potentially ./Web_Decision_-_Cooper_Daniel.pdf-vulnerable, and that any student who was known to be dealing with emotional difficulties ./Web_Decision_-_Cooper_Daniel.pdf-or stress should be regarded as vulnerable. ./Web_Decision_-_Cooper_Daniel.pdf- ./Web_Decision_-_Cooper_Daniel.pdf-Mr Cooper stated at paragraph 18 of his statement at page 73, ‘I honestly believed I was ./Web_Decision_-_Cooper_Daniel.pdf-entering into a relationship with a person who now had no further academic connection to ./Web_Decision_-_Cooper_Daniel.pdf-the School, no need to return and was moving on to university where she had secured a ./Web_Decision_-_Cooper_Daniel.pdf-placement. I recognise that this was a serious error of judgement on my part and it is one ./Web_Decision_-_Cooper_Daniel.pdf-that I deeply regret. But I can honestly say that this was not done with wilful disregard of ./Web_Decision_-_Cooper_Daniel.pdf-the policies and procedures that are in place.’ In his oral evidence, Mr Cooper said that, ./Web_Decision_-_Cooper_Daniel.pdf-having had time to reflect on the situation his judgment had shifted, and he now felt that ./Web_Decision_-_Cooper_Daniel.pdf:for him as a teacher to have had a sexual relationship with someone who had recently ./Web_Decision_-_Cooper_Daniel.pdf-been a pupil at the School was inappropriate, regardless of whether or not she was on ./Web_Decision_-_Cooper_Daniel.pdf-the roll. ./Web_Decision_-_Cooper_Daniel.pdf- ./Web_Decision_-_Cooper_Daniel.pdf-Mr Cooper also acknowledged that the relationship may have had a detrimental impact ./Web_Decision_-_Cooper_Daniel.pdf-on Pupil A, stating that he had not appreciated that at the time. In his ‘reflective ./Web_Decision_-_Cooper_Daniel.pdf-statement’ at page 77 paragraph 10 he stated: ‘having met [Pupil A] in the context of a ./Web_Decision_-_Cooper_Daniel.pdf:school environment it was wholly irresponsible to engage in a sexual relationship with ./Web_Decision_-_Cooper_Daniel.pdf-her’. ./Web_Decision_-_Cooper_Daniel.pdf- ./Web_Decision_-_Cooper_Daniel.pdf-Having considered all the evidence carefully, the panel was satisfied that the facts of the ./Web_Decision_-_Cooper_Daniel.pdf:allegation had been proved. The fact that the sexual relationship occurred was clear. The ./Web_Decision_-_Cooper_Daniel.pdf-panel was also satisfied, after careful consideration, that this relationship was ./Web_Decision_-_Cooper_Daniel.pdf-inappropriate. Pupil A remained on the school roll. As such, both the School, and Mr ./Web_Decision_-_Cooper_Daniel.pdf-Cooper, as a teacher at the School, had a duty of care towards her which was breached ./Web_Decision_-_Cooper_Daniel.pdf-by his actions. More fundamentally, it was inappropriate for Mr Cooper to engage in a ./Web_Decision_-_Cooper_Daniel.pdf:sexual relationship in circumstances where he had met Pupil A in the context of the ./Web_Decision_-_Cooper_Daniel.pdf-school environment in which he was a teacher, and where she had completed her ./Web_Decision_-_Cooper_Daniel.pdf-examinations at the School only a short while before. Further, whilst no suggestion has ./Web_Decision_-_Cooper_Daniel.pdf-been made of ‘grooming’ or pre-meditation, the irresponsibility of his actions was ./Web_Decision_-_Cooper_Daniel.pdf-compounded by the fact that he had been assisting her previously in a pastoral capacity ./Web_Decision_-_Cooper_Daniel.pdf-and had been advised by senior staff to be careful in the way he related to her. In all the ./Web_Decision_-_Cooper_Daniel.pdf-circumstances he should have known she was, or might have been, in a vulnerable ./Web_Decision_-_Cooper_Daniel.pdf-position. ./Web_Decision_-_Cooper_Daniel.pdf- ./Web_Decision_-_Cooper_Daniel.pdf:For all of the reasons described, the panel have concluded that the sexual relationship ./Web_Decision_-_Cooper_Daniel.pdf-was inappropriate. The panel finds the allegation to have been proved on the balance of ./Web_Decision_-_Cooper_Daniel.pdf-probabilities. ./Web_Decision_-_Cooper_Daniel.pdf- ./Web_Decision_-_Cooper_Daniel.pdf- ./Web_Decision_-_Cooper_Daniel.pdf- ./Web_Decision_-_Cooper_Daniel.pdf- 7 ./Web_Decision_-_Cooper_Daniel.pdf- -- ./Web_Decision_-_Cooper_Daniel.pdf- o treating pupils with dignity, building relationships rooted in mutual respect, and ./Web_Decision_-_Cooper_Daniel.pdf- at all times observing proper boundaries appropriate to a teacher’s ./Web_Decision_-_Cooper_Daniel.pdf- professional position; ./Web_Decision_-_Cooper_Daniel.pdf- o having regard for the need to safeguard pupils’ well-being, in accordance with ./Web_Decision_-_Cooper_Daniel.pdf- statutory provisions; ./Web_Decision_-_Cooper_Daniel.pdf-  Teachers must have proper and professional regard for the ethos, policies and ./Web_Decision_-_Cooper_Daniel.pdf- practices of the school in which they teach. ./Web_Decision_-_Cooper_Daniel.pdf-The panel is satisfied that the conduct of Mr Cooper fell significantly short of the ./Web_Decision_-_Cooper_Daniel.pdf-standards expected of the profession. He had been specifically advised to be careful in ./Web_Decision_-_Cooper_Daniel.pdf-relation to Pupil A, and was aware that she had experienced personal difficulties, yet he ./Web_Decision_-_Cooper_Daniel.pdf:proceeded to engage in a sexual relationship with her within weeks of her exams being ./Web_Decision_-_Cooper_Daniel.pdf-completed. In doing so he showed a significant failure to recognise and observe the ./Web_Decision_-_Cooper_Daniel.pdf-proper boundaries appropriate to a teacher’s professional position, and a disregard for ./Web_Decision_-_Cooper_Daniel.pdf-the need to safeguard her well-being. ./Web_Decision_-_Cooper_Daniel.pdf- ./Web_Decision_-_Cooper_Daniel.pdf-The panel has considered whether Mr Cooper’s conduct displayed behaviours ./Web_Decision_-_Cooper_Daniel.pdf-associated with any of the offences listed on pages 8 and 9 of the Advice. We have found ./Web_Decision_-_Cooper_Daniel.pdf-that none of these offences are relevant. ./Web_Decision_-_Cooper_Daniel.pdf- ./Web_Decision_-_Cooper_Daniel.pdf-In-so-far as the facts found proven can be said to have taken place outside of the ./Web_Decision_-_Cooper_Daniel.pdf-education setting, the panel was satisfied that they might lead to pupils being exposed to -- ./Web_Decision_-_Cooper_Daniel.pdf-The panel has taken into account how the teaching profession is viewed by others and ./Web_Decision_-_Cooper_Daniel.pdf-considered the influence that teachers may have on pupils, parents and others in the ./Web_Decision_-_Cooper_Daniel.pdf-community. The panel has taken account of the uniquely influential role that teachers can ./Web_Decision_-_Cooper_Daniel.pdf-hold in pupils’ lives and that pupils must be able to view teachers as role models in the ./Web_Decision_-_Cooper_Daniel.pdf-way they behave. ./Web_Decision_-_Cooper_Daniel.pdf- ./Web_Decision_-_Cooper_Daniel.pdf-The findings of misconduct are serious and the conduct displayed would likely have a ./Web_Decision_-_Cooper_Daniel.pdf-negative impact on Mr Cooper’s status as a teacher, potentially damaging the public’s ./Web_Decision_-_Cooper_Daniel.pdf-perception. ./Web_Decision_-_Cooper_Daniel.pdf- ./Web_Decision_-_Cooper_Daniel.pdf:The panel considers that Mr Cooper’s behaviour in embarking upon a sexual relationship ./Web_Decision_-_Cooper_Daniel.pdf-with a pupil who had only recently completed her final exams and who he knew, or ./Web_Decision_-_Cooper_Daniel.pdf-should have known, was in a vulnerable position, risked damaging the public’s perception ./Web_Decision_-_Cooper_Daniel.pdf-of the profession and the status of teachers as role models. The panel therefore finds ./Web_Decision_-_Cooper_Daniel.pdf-that Mr Cooper’s actions constitute conduct that may bring the profession into disrepute. ./Web_Decision_-_Cooper_Daniel.pdf- ./Web_Decision_-_Cooper_Daniel.pdf-In summary, having found the facts of the allegation proved, the panel further finds that ./Web_Decision_-_Cooper_Daniel.pdf-Mr Cooper’s conduct amounts to both unacceptable professional conduct and conduct ./Web_Decision_-_Cooper_Daniel.pdf-that may bring the profession into disrepute. ./Web_Decision_-_Cooper_Daniel.pdf- ./Web_Decision_-_Cooper_Daniel.pdf- -- ./Web_Decision_-_Cooper_Daniel.pdf-measure, and whether it is in the public interest to do so. Prohibition orders should not be ./Web_Decision_-_Cooper_Daniel.pdf-given in order to be punitive, or to show that blame has been apportioned, although they ./Web_Decision_-_Cooper_Daniel.pdf-are likely to have punitive effect. ./Web_Decision_-_Cooper_Daniel.pdf- ./Web_Decision_-_Cooper_Daniel.pdf-The panel has considered the particular public interest considerations set out in the ./Web_Decision_-_Cooper_Daniel.pdf-Advice and having done so has found a number of them to be relevant in this case: the ./Web_Decision_-_Cooper_Daniel.pdf-protection of pupils, the protection of other members of the public, the maintenance of ./Web_Decision_-_Cooper_Daniel.pdf-public confidence in the profession and declaring and upholding proper standards of ./Web_Decision_-_Cooper_Daniel.pdf-conduct. ./Web_Decision_-_Cooper_Daniel.pdf- ./Web_Decision_-_Cooper_Daniel.pdf:In light of the panel’s findings against Mr Cooper, which involved a sexual relationship ./Web_Decision_-_Cooper_Daniel.pdf-with a vulnerable pupil who had only recently completed her exams and was still on the ./Web_Decision_-_Cooper_Daniel.pdf- ./Web_Decision_-_Cooper_Daniel.pdf- ./Web_Decision_-_Cooper_Daniel.pdf- ./Web_Decision_-_Cooper_Daniel.pdf- 9 ./Web_Decision_-_Cooper_Daniel.pdf- -- ./Web_Decision_-_Cooper_Daniel.pdf-In carrying out the balancing exercise the panel has considered the public interest ./Web_Decision_-_Cooper_Daniel.pdf-considerations both in favour of and against prohibition as well as the interests of Mr ./Web_Decision_-_Cooper_Daniel.pdf-Cooper. The panel took further account of the Advice, which suggests that a prohibition ./Web_Decision_-_Cooper_Daniel.pdf-order may be appropriate if certain behaviours of a teacher have been proven. In the list ./Web_Decision_-_Cooper_Daniel.pdf-of such behaviours, those that are relevant in this case are: ./Web_Decision_-_Cooper_Daniel.pdf- ./Web_Decision_-_Cooper_Daniel.pdf-  serious departure from the personal and professional conduct elements of the ./Web_Decision_-_Cooper_Daniel.pdf- Teachers’ Standards; ./Web_Decision_-_Cooper_Daniel.pdf-  abuse of position or trust (particularly involving vulnerable pupils) or violation of the ./Web_Decision_-_Cooper_Daniel.pdf- rights of pupils; ./Web_Decision_-_Cooper_Daniel.pdf:  sexual misconduct, e.g. involving actions that were sexually motivated or of a ./Web_Decision_-_Cooper_Daniel.pdf: sexual nature and/or that use or exploit the trust, knowledge or influence derived ./Web_Decision_-_Cooper_Daniel.pdf- from the individual’s professional position. ./Web_Decision_-_Cooper_Daniel.pdf-The panel acknowledges that Mr Cooper did not appreciate at the time of the relationship ./Web_Decision_-_Cooper_Daniel.pdf-that Pupil A was still on the school roll. Nevertheless, he knew Pupil A as a result of ./Web_Decision_-_Cooper_Daniel.pdf-being a teacher at the School. Further, he had been in a position of offering her pastoral ./Web_Decision_-_Cooper_Daniel.pdf-support in the same academic year, and at the time the relationship took place she had ./Web_Decision_-_Cooper_Daniel.pdf-only recently left. The panel is drawn to the conclusion that, although he did not ./Web_Decision_-_Cooper_Daniel.pdf-appreciate it to be so, Mr Cooper’s relationship with Pupil A was inescapably connected ./Web_Decision_-_Cooper_Daniel.pdf-to his role as a teacher at the School. ./Web_Decision_-_Cooper_Daniel.pdf- ./Web_Decision_-_Cooper_Daniel.pdf-Even though there were behaviours that would point to a prohibition order being -- ./Web_Decision_-_Cooper_Daniel.pdf-capacity as a teacher. ./Web_Decision_-_Cooper_Daniel.pdf- ./Web_Decision_-_Cooper_Daniel.pdf-The panel accepts that Mr Cooper did have a previously good history and the panel ./Web_Decision_-_Cooper_Daniel.pdf-accepts that the incident was out of character. Indeed, the panel has heard evidence to ./Web_Decision_-_Cooper_Daniel.pdf-suggest that he was a promising teacher, a view which was endorsed by Witness A in ./Web_Decision_-_Cooper_Daniel.pdf-her evidence. The panel has also seen references (added at pages 78 to 82) of the ./Web_Decision_-_Cooper_Daniel.pdf-bundle, which provide a positive account of Mr Cooper as a person. ./Web_Decision_-_Cooper_Daniel.pdf- ./Web_Decision_-_Cooper_Daniel.pdf-The panel is of the view that prohibition is both proportionate and appropriate. The panel ./Web_Decision_-_Cooper_Daniel.pdf-has decided that the public interest considerations outweigh the interests of Mr Cooper. ./Web_Decision_-_Cooper_Daniel.pdf:The fact that he decided to pursue a sexual relationship with a pupil so soon after her ./Web_Decision_-_Cooper_Daniel.pdf-final exams and in circumstances where he had assisted her pastorally in the recent past ./Web_Decision_-_Cooper_Daniel.pdf-were significant factors in forming that opinion. Accordingly, the panel makes a ./Web_Decision_-_Cooper_Daniel.pdf-recommendation to the Secretary of State that a prohibition order should be imposed with ./Web_Decision_-_Cooper_Daniel.pdf-immediate effect. ./Web_Decision_-_Cooper_Daniel.pdf- ./Web_Decision_-_Cooper_Daniel.pdf-The panel went on to consider whether or not it would be appropriate for them to decide ./Web_Decision_-_Cooper_Daniel.pdf-to recommend that a review period of the order should be considered. The panel was ./Web_Decision_-_Cooper_Daniel.pdf-mindful that the Advice suggests that a prohibition order applies for life, but there may be ./Web_Decision_-_Cooper_Daniel.pdf-circumstances in any given case that may make it appropriate to allow a teacher to apply ./Web_Decision_-_Cooper_Daniel.pdf-to have the prohibition order reviewed after a specified period of time that may not be ./Web_Decision_-_Cooper_Daniel.pdf-less than 2 years. ./Web_Decision_-_Cooper_Daniel.pdf- ./Web_Decision_-_Cooper_Daniel.pdf-The Advice indicates that there are behaviours that, if proven, would militate against a ./Web_Decision_-_Cooper_Daniel.pdf:review period being recommended. One of these behaviours is serious sexual ./Web_Decision_-_Cooper_Daniel.pdf:misconduct, e.g. where the act was sexually motivated and resulted in or had the ./Web_Decision_-_Cooper_Daniel.pdf-potential to result in, harm to a person or persons, particularly where the individual has ./Web_Decision_-_Cooper_Daniel.pdf-used their professional position to influence or exploit a person or persons. ./Web_Decision_-_Cooper_Daniel.pdf- ./Web_Decision_-_Cooper_Daniel.pdf-In this case, whilst, as we have indicated, Mr Cooper’s relationship with Pupil A cannot ./Web_Decision_-_Cooper_Daniel.pdf-be disconnected from his role as a teacher, the panel does not see his actions as ./Web_Decision_-_Cooper_Daniel.pdf-amounting to the abuse of his professional position to exploit her. In reaching this ./Web_Decision_-_Cooper_Daniel.pdf-conclusion, the panel has had particular regard to the fact that their initial meeting in ./Web_Decision_-_Cooper_Daniel.pdf-August 2014 appears to have been accidental, and that Mr Cooper was not aware Pupil ./Web_Decision_-_Cooper_Daniel.pdf-A was still on the school roll. ./Web_Decision_-_Cooper_Daniel.pdf- ./Web_Decision_-_Cooper_Daniel.pdf-The panel considers Mr Cooper’s misconduct, although serious, is towards the lower end ./Web_Decision_-_Cooper_Daniel.pdf-of the possible scale. Although the pupil involved, who was 18 years old, was still on the ./Web_Decision_-_Cooper_Daniel.pdf-roll, she had in a practical sense left the School at the time of the relationship. Whilst she ./Web_Decision_-_Cooper_Daniel.pdf-was acknowledged to be a vulnerable person there is no suggestion that that she did not ./Web_Decision_-_Cooper_Daniel.pdf-consent, or that she was incapable of consenting to the relationship. This is not a case ./Web_Decision_-_Cooper_Daniel.pdf-involving any predatory behaviour or ‘grooming’. Mr Cooper has also shown very ./Web_Decision_-_Cooper_Daniel.pdf-significant insight into his behaviour. He acknowledged as soon as he was confronted by ./Web_Decision_-_Cooper_Daniel.pdf:the School with the facts that he had entered into a sexual relationship. He has further ./Web_Decision_-_Cooper_Daniel.pdf- ./Web_Decision_-_Cooper_Daniel.pdf- 11 ./Web_Decision_-_Cooper_Daniel.pdf- -- ./Web_Decision_-_Cooper_Daniel.pdf-disrepute. ./Web_Decision_-_Cooper_Daniel.pdf- ./Web_Decision_-_Cooper_Daniel.pdf-The panel is satisfied that the conduct of Mr Cooper involved breaches of the Teachers’ ./Web_Decision_-_Cooper_Daniel.pdf-Standards. ./Web_Decision_-_Cooper_Daniel.pdf- ./Web_Decision_-_Cooper_Daniel.pdf-I have considered the public interest considerations. There are a number of relevant ./Web_Decision_-_Cooper_Daniel.pdf-public interest considerations in this case, namely: the protection of pupils; protection of ./Web_Decision_-_Cooper_Daniel.pdf-other members of the public; the maintenance of public confidence in the profession and ./Web_Decision_-_Cooper_Daniel.pdf-declaring and upholding proper standards of conduct. ./Web_Decision_-_Cooper_Daniel.pdf- ./Web_Decision_-_Cooper_Daniel.pdf:In the light of the panel’s findings against Mr Cooper, which involved a sexual relationship ./Web_Decision_-_Cooper_Daniel.pdf-with a vulnerable pupil who had only recently completed her exams and was still on the ./Web_Decision_-_Cooper_Daniel.pdf-school roll, there is a strong public interest consideration in the respect of protection of ./Web_Decision_-_Cooper_Daniel.pdf-pupils. ./Web_Decision_-_Cooper_Daniel.pdf- ./Web_Decision_-_Cooper_Daniel.pdf-I have taken into account the need to balance the public interest with the interests of the ./Web_Decision_-_Cooper_Daniel.pdf-teacher. I note that the panel, in mitigation, considered that Mr Cooper did have a ./Web_Decision_-_Cooper_Daniel.pdf-previously good history, and the panel accepts that the incident was out of character. The ./Web_Decision_-_Cooper_Daniel.pdf-panel heard evidence to suggest Mr Cooper was a promising teacher. ./Web_Decision_-_Cooper_Daniel.pdf- ./Web_Decision_-_Cooper_Daniel.pdf- -- ./Web_Decision_-_Cooper_Daniel.pdf-The panel has decided that the public interest considerations outweigh the interests of Mr ./Web_Decision_-_Cooper_Daniel.pdf-Cooper. The panel is of the view that prohibition is both proportionate and appropriate. ./Web_Decision_-_Cooper_Daniel.pdf- ./Web_Decision_-_Cooper_Daniel.pdf-I agree with the panel’s view that prohibition is both proportionate and appropriate. ./Web_Decision_-_Cooper_Daniel.pdf- ./Web_Decision_-_Cooper_Daniel.pdf-I now turn to the matter of a review period. ./Web_Decision_-_Cooper_Daniel.pdf- ./Web_Decision_-_Cooper_Daniel.pdf-I note that the panel have considered the Advice, which indicates that there are ./Web_Decision_-_Cooper_Daniel.pdf-behaviours that, if proven, would militate against a review period being recommended. ./Web_Decision_-_Cooper_Daniel.pdf:One of these behaviours includes serious sexual misconduct. The panel has found that ./Web_Decision_-_Cooper_Daniel.pdf-Mr Cooper’s misconduct, although serious, is at the lower end of the possible scale. I ./Web_Decision_-_Cooper_Daniel.pdf-agree with the panel’s view. ./Web_Decision_-_Cooper_Daniel.pdf- ./Web_Decision_-_Cooper_Daniel.pdf-I note the panel has found that this is not a case involving any predatory behaviour or ./Web_Decision_-_Cooper_Daniel.pdf:‘grooming’. Mr Cooper has also shown very significant insight into his behaviour. He has ./Web_Decision_-_Cooper_Daniel.pdf-further recognised his behaviours as inappropriate and unprofessional. The panel ./Web_Decision_-_Cooper_Daniel.pdf-believes that a review period of four years is appropriate. I agree with the panel’s view, ./Web_Decision_-_Cooper_Daniel.pdf-that such a review period would allow Mr Cooper to develop the confidence to equip ./Web_Decision_-_Cooper_Daniel.pdf-himself to avoid similar situations in the future. ./Web_Decision_-_Cooper_Daniel.pdf- ./Web_Decision_-_Cooper_Daniel.pdf-I agree with the panel’s view that a four year review period is appropriate. ./Web_Decision_-_Cooper_Daniel.pdf- ./Web_Decision_-_Cooper_Daniel.pdf-This means that Mr Daniel Cooper is prohibited from teaching indefinitely and ./Web_Decision_-_Cooper_Daniel.pdf-cannot teach in any school, sixth form college, relevant youth accommodation or ./Web_Decision_-_Cooper_Daniel.pdf-children’s home in England. He may apply for the prohibition order to be set aside, but ./Web_Decision_-_Dale_Aaron_Allen.pdf- a. met with Pupil A on a 1 – 1 basis at [REDACTED] in Guildford on the ./Web_Decision_-_Dale_Aaron_Allen.pdf-evening of 23 September 2016; ./Web_Decision_-_Dale_Aaron_Allen.pdf- ./Web_Decision_-_Dale_Aaron_Allen.pdf- b. engaged in inappropriate physical conduct with Pupil A, in that he ./Web_Decision_-_Dale_Aaron_Allen.pdf-kissed Pupil A; ./Web_Decision_-_Dale_Aaron_Allen.pdf- ./Web_Decision_-_Dale_Aaron_Allen.pdf-2. Used his personal laptop to search for websites and/or material involving ./Web_Decision_-_Dale_Aaron_Allen.pdf:sexual activity with children; ./Web_Decision_-_Dale_Aaron_Allen.pdf- ./Web_Decision_-_Dale_Aaron_Allen.pdf-3. Used his personal mobile phone to take and store images relating to school ./Web_Decision_-_Dale_Aaron_Allen.pdf-activities. ./Web_Decision_-_Dale_Aaron_Allen.pdf- ./Web_Decision_-_Dale_Aaron_Allen.pdf-Mr Dale admitted the facts of allegations 1a and 3. He denied the facts of allegations 1b ./Web_Decision_-_Dale_Aaron_Allen.pdf-and 2. ./Web_Decision_-_Dale_Aaron_Allen.pdf- ./Web_Decision_-_Dale_Aaron_Allen.pdf-Mr Dale admitted that, in respect of the allegations he had admitted, he was guilty of ./Web_Decision_-_Dale_Aaron_Allen.pdf-unacceptable professional conduct. ./Web_Decision_-_Dale_Aaron_Allen.pdf- -- ./Web_Decision_-_Dale_Aaron_Allen.pdf- 3. As a result of these concerns, an internal school investigation was commenced ./Web_Decision_-_Dale_Aaron_Allen.pdf- into the conduct of Mr Dale. ./Web_Decision_-_Dale_Aaron_Allen.pdf- ./Web_Decision_-_Dale_Aaron_Allen.pdf- 4. Surrey Police arrested Mr Dale on 6 October 2016 on suspicion of abuse of ./Web_Decision_-_Dale_Aaron_Allen.pdf: position of trust – cause or incite sexual activity with a child under Section 17 ./Web_Decision_-_Dale_Aaron_Allen.pdf- Sexual Offences Act 2003. Items of property were seized from Mr Dale’s flat ./Web_Decision_-_Dale_Aaron_Allen.pdf- including data storage devices. The police conducted an investigation into Mr Dale ./Web_Decision_-_Dale_Aaron_Allen.pdf- but concluded that there was insufficient evidence to support criminal charges. ./Web_Decision_-_Dale_Aaron_Allen.pdf- ./Web_Decision_-_Dale_Aaron_Allen.pdf-Following a disciplinary hearing held at the School on 30 January 2017, Mr Dale was ./Web_Decision_-_Dale_Aaron_Allen.pdf-informed by letter on 2 February 2017 that he had been dismissed from his employment ./Web_Decision_-_Dale_Aaron_Allen.pdf-at the School. His appeal against that decision, heard on 17 March 2017, was ./Web_Decision_-_Dale_Aaron_Allen.pdf-unsuccessful and he was notified of this outcome by letter on 21 March 2017. ./Web_Decision_-_Dale_Aaron_Allen.pdf- ./Web_Decision_-_Dale_Aaron_Allen.pdf-Findings of fact -- ./Web_Decision_-_Dale_Aaron_Allen.pdf-2. Used your personal laptop to search for websites and/or material involving ./Web_Decision_-_Dale_Aaron_Allen.pdf: sexual activity with children; ./Web_Decision_-_Dale_Aaron_Allen.pdf- ./Web_Decision_-_Dale_Aaron_Allen.pdf-The facts of this allegation were denied by Mr Dale. ./Web_Decision_-_Dale_Aaron_Allen.pdf- ./Web_Decision_-_Dale_Aaron_Allen.pdf-The following was the relevant extract from the Statement of Agreed and Disputed Facts: ./Web_Decision_-_Dale_Aaron_Allen.pdf- ./Web_Decision_-_Dale_Aaron_Allen.pdf- 18. Mr Dale denies this allegation. ./Web_Decision_-_Dale_Aaron_Allen.pdf- ./Web_Decision_-_Dale_Aaron_Allen.pdf- ./Web_Decision_-_Dale_Aaron_Allen.pdf- 19. Despite not bringing any criminal charges against Mr Dale, Surrey Police advised ./Web_Decision_-_Dale_Aaron_Allen.pdf- that the circumstances surrounding the allegations remained highly suspicious and -- ./Web_Decision_-_Dale_Aaron_Allen.pdf- accounts including Instagram and Facebook on 28 May and 8 August 2016. ./Web_Decision_-_Dale_Aaron_Allen.pdf- [The internal investigation involved an allegation surrounding Mr Dale using ./Web_Decision_-_Dale_Aaron_Allen.pdf- his personal laptop to search for Pupil A’s social media accounts including ./Web_Decision_-_Dale_Aaron_Allen.pdf- Instagram and Facebook on 28 May and 8 August 2016. When questioned ./Web_Decision_-_Dale_Aaron_Allen.pdf- about this allegation, Mr Dale said that students had started to appear on his ./Web_Decision_-_Dale_Aaron_Allen.pdf- Facebook and Instagram accounts as ‘people you may know’. He said he did ./Web_Decision_-_Dale_Aaron_Allen.pdf- not report it as he felt there was nothing to report.] ./Web_Decision_-_Dale_Aaron_Allen.pdf- ./Web_Decision_-_Dale_Aaron_Allen.pdf- ./Web_Decision_-_Dale_Aaron_Allen.pdf- b. Mr Dale’s personal laptop has been used to search for websites/material ./Web_Decision_-_Dale_Aaron_Allen.pdf: relating to sexual activity with children. ./Web_Decision_-_Dale_Aaron_Allen.pdf- ./Web_Decision_-_Dale_Aaron_Allen.pdf- ./Web_Decision_-_Dale_Aaron_Allen.pdf- 20. Web searches completed on Mr Dale’s laptop revealed a number of searches that ./Web_Decision_-_Dale_Aaron_Allen.pdf- were relevant to child protection investigations. Not all of the searches were dated. ./Web_Decision_-_Dale_Aaron_Allen.pdf- It is believed that Mr Dale returned to Canada during the summer holidays (August ./Web_Decision_-_Dale_Aaron_Allen.pdf- 2016) and therefore some of the searches may have been completed abroad, which ./Web_Decision_-_Dale_Aaron_Allen.pdf- raises jurisdiction concerns in relation to criminal offences. Traces of file destruction ./Web_Decision_-_Dale_Aaron_Allen.pdf- software were also found on Mr Dale’s laptop, including ‘File Shredder’ and ‘EgisTec ./Web_Decision_-_Dale_Aaron_Allen.pdf- Shredder’. ./Web_Decision_-_Dale_Aaron_Allen.pdf- -- ./Web_Decision_-_Dale_Aaron_Allen.pdf- 22. During the School’s disciplinary investigation, Mr Dale denied any knowledge of file ./Web_Decision_-_Dale_Aaron_Allen.pdf- destruction software. He confirmed that his computer broke down about two years ./Web_Decision_-_Dale_Aaron_Allen.pdf- ago and was repaired in Canada and suggested the professionals who carried out ./Web_Decision_-_Dale_Aaron_Allen.pdf- the repair could have installed the software. ./Web_Decision_-_Dale_Aaron_Allen.pdf- ./Web_Decision_-_Dale_Aaron_Allen.pdf- 23. When asked about his inappropriate search history, Mr Dale explained that when ./Web_Decision_-_Dale_Aaron_Allen.pdf: he was at university he had a female friend who found pornography hilarious. He ./Web_Decision_-_Dale_Aaron_Allen.pdf- cited Jared Subway Spokesman as a comedian in Canada who was arrested for ./Web_Decision_-_Dale_Aaron_Allen.pdf: child pornography. He explained that he and his friend conducted a test on his ./Web_Decision_-_Dale_Aaron_Allen.pdf- computer to see if they could stumble across images to see if this is what could have ./Web_Decision_-_Dale_Aaron_Allen.pdf: happened to Jared. He confirmed he was not looking for pornographic content, it ./Web_Decision_-_Dale_Aaron_Allen.pdf- was a research project. Mr Dale acknowledged that there were two dates when ./Web_Decision_-_Dale_Aaron_Allen.pdf- inappropriate searches were made on his personal laptop although he believes that ./Web_Decision_-_Dale_Aaron_Allen.pdf- the first was in September 2015 and not 2016. ./Web_Decision_-_Dale_Aaron_Allen.pdf- ./Web_Decision_-_Dale_Aaron_Allen.pdf: 24. Mr Dale submits that he did not intentionally search for websites that involved sexual ./Web_Decision_-_Dale_Aaron_Allen.pdf- activity with children. The first encounter was a pop up that was not searched for. ./Web_Decision_-_Dale_Aaron_Allen.pdf- He submits he was then concerned the actresses looked very young, so he ./Web_Decision_-_Dale_Aaron_Allen.pdf- continued to follow side links to see if he could find the age of those showed. The ./Web_Decision_-_Dale_Aaron_Allen.pdf- second occasion it came up most of the websites were the same as he was checking ./Web_Decision_-_Dale_Aaron_Allen.pdf- his history, and looked them up to ensure again none of them actually showed any ./Web_Decision_-_Dale_Aaron_Allen.pdf- inappropriate photos, which they did not. ./Web_Decision_-_Dale_Aaron_Allen.pdf- ./Web_Decision_-_Dale_Aaron_Allen.pdf- 25. TRA allege that such searches are highly inappropriate and amount to unacceptable ./Web_Decision_-_Dale_Aaron_Allen.pdf- professional conduct and/or conduct that may bring the profession into disrepute. ./Web_Decision_-_Dale_Aaron_Allen.pdf- -- ./Web_Decision_-_Dale_Aaron_Allen.pdf-occasion and some months had elapsed between the searches. The dates on which the ./Web_Decision_-_Dale_Aaron_Allen.pdf-searches had been made were also at a time when he was a teacher at the School. ./Web_Decision_-_Dale_Aaron_Allen.pdf- ./Web_Decision_-_Dale_Aaron_Allen.pdf-The panel rejected Mr Dale's submission that he did not intentionally search for websites ./Web_Decision_-_Dale_Aaron_Allen.pdf:that involved sexual activity with children. The titles of the websites, which were typed ./Web_Decision_-_Dale_Aaron_Allen.pdf-into a search engine by Mr Dale, suggested the contrary to be the case. ./Web_Decision_-_Dale_Aaron_Allen.pdf- ./Web_Decision_-_Dale_Aaron_Allen.pdf-Finally, the panel did not accept that Mr Dale did not know how certain file destruction ./Web_Decision_-_Dale_Aaron_Allen.pdf-software had come to be installed on his laptop. His suggestion that, when his laptop had ./Web_Decision_-_Dale_Aaron_Allen.pdf-broken down some two years before, the person who repaired it had installed such ./Web_Decision_-_Dale_Aaron_Allen.pdf-software without telling him was simply implausible. ./Web_Decision_-_Dale_Aaron_Allen.pdf- ./Web_Decision_-_Dale_Aaron_Allen.pdf-Consequently, the panel found the facts of this allegation proved to the extent that Mr ./Web_Decision_-_Dale_Aaron_Allen.pdf:Dale had used his laptop to search for websites involving sexual activity with children. As ./Web_Decision_-_Dale_Aaron_Allen.pdf:no material had been found on his laptop involving sexual activity with children, this part ./Web_Decision_-_Dale_Aaron_Allen.pdf-of the allegation was found not proved. ./Web_Decision_-_Dale_Aaron_Allen.pdf- ./Web_Decision_-_Dale_Aaron_Allen.pdf-3. Used your personal mobile phone to take and store images relating to school ./Web_Decision_-_Dale_Aaron_Allen.pdf- activities. ./Web_Decision_-_Dale_Aaron_Allen.pdf- ./Web_Decision_-_Dale_Aaron_Allen.pdf-Mr Dale admitted the facts of this allegation. ./Web_Decision_-_Dale_Aaron_Allen.pdf- ./Web_Decision_-_Dale_Aaron_Allen.pdf-The following is the relevant extract from the Statement: ./Web_Decision_-_Dale_Aaron_Allen.pdf- ./Web_Decision_-_Dale_Aaron_Allen.pdf- 26. Mr Dale admits this allegation and admits to taking pictures of students with his -- ./Web_Decision_-_Dale_Aaron_Allen.pdf- ./Web_Decision_-_Dale_Aaron_Allen.pdf-14. WhatsApp messages on Pupil A’s phone were considered by the Police – one ./Web_Decision_-_Dale_Aaron_Allen.pdf- mentioned Mr Dale between Pupil A and a friend but within the context of school ./Web_Decision_-_Dale_Aaron_Allen.pdf- conversation. Mr Dale’s phone was also examined – there were no indecent images ./Web_Decision_-_Dale_Aaron_Allen.pdf- or direct information relating to Pupil A, apart from one image of a handwritten note ./Web_Decision_-_Dale_Aaron_Allen.pdf- – it appeared to be from Pupil A and thanked Mr Dale for being a great ./Web_Decision_-_Dale_Aaron_Allen.pdf- [REDACTED]. ./Web_Decision_-_Dale_Aaron_Allen.pdf- ./Web_Decision_-_Dale_Aaron_Allen.pdf-15. In relation to the police investigation, the police concluded there was insufficient ./Web_Decision_-_Dale_Aaron_Allen.pdf- evidence to support criminal charges in relation to Mr Dale contacting or meeting ./Web_Decision_-_Dale_Aaron_Allen.pdf: with any student or other child for the purposes of sexual activity or any other ./Web_Decision_-_Dale_Aaron_Allen.pdf- inappropriate relationship as both he and Pupil A denied the allegations. ./Web_Decision_-_Dale_Aaron_Allen.pdf- ./Web_Decision_-_Dale_Aaron_Allen.pdf- ./Web_Decision_-_Dale_Aaron_Allen.pdf-16. Mr Dale submits he did not kiss or have inappropriate physical conduct with Pupil ./Web_Decision_-_Dale_Aaron_Allen.pdf- A. He submits he was never in any relationship with Pupil A, other than a ./Web_Decision_-_Dale_Aaron_Allen.pdf- professional student-teacher relationship. ./Web_Decision_-_Dale_Aaron_Allen.pdf- ./Web_Decision_-_Dale_Aaron_Allen.pdf- ./Web_Decision_-_Dale_Aaron_Allen.pdf- 13 ./Web_Decision_-_Dale_Aaron_Allen.pdf- -- ./Web_Decision_-_Dale_Aaron_Allen.pdf-Advice and, having done so, has found each of them to be engaged in this case, namely: ./Web_Decision_-_Dale_Aaron_Allen.pdf-the protection of pupils and the protection of other members of the public, the ./Web_Decision_-_Dale_Aaron_Allen.pdf-maintenance of public confidence in the profession and declaring and upholding proper ./Web_Decision_-_Dale_Aaron_Allen.pdf-standards of conduct. ./Web_Decision_-_Dale_Aaron_Allen.pdf- ./Web_Decision_-_Dale_Aaron_Allen.pdf-In light of the panel’s findings against Mr Dale, which involves a failure to maintain proper ./Web_Decision_-_Dale_Aaron_Allen.pdf-boundaries with a pupil and searching for websites involving sexual activity with children, ./Web_Decision_-_Dale_Aaron_Allen.pdf-there is a strong public interest consideration in respect of the protection of pupils given ./Web_Decision_-_Dale_Aaron_Allen.pdf-the serious findings not only in respect of shortcomings in relation to safeguarding the ./Web_Decision_-_Dale_Aaron_Allen.pdf-welfare of Pupil A but also the fact that Mr Dale sought to search for websites relating to ./Web_Decision_-_Dale_Aaron_Allen.pdf:pornography involving children. ./Web_Decision_-_Dale_Aaron_Allen.pdf- ./Web_Decision_-_Dale_Aaron_Allen.pdf-Similarly, the panel considers that public confidence in the profession could be seriously ./Web_Decision_-_Dale_Aaron_Allen.pdf-weakened if conduct such as that found against Mr Dale were not treated with the utmost ./Web_Decision_-_Dale_Aaron_Allen.pdf-seriousness when regulating the conduct of the profession. ./Web_Decision_-_Dale_Aaron_Allen.pdf- ./Web_Decision_-_Dale_Aaron_Allen.pdf-The panel considers that a strong public interest consideration in declaring proper ./Web_Decision_-_Dale_Aaron_Allen.pdf-standards of conduct in the profession was also present as the conduct found against Mr ./Web_Decision_-_Dale_Aaron_Allen.pdf-Dale was outside that which could reasonably be tolerated. ./Web_Decision_-_Dale_Aaron_Allen.pdf- ./Web_Decision_-_Dale_Aaron_Allen.pdf-Notwithstanding the clear public interest considerations that were present, the panel has -- ./Web_Decision_-_Dale_Aaron_Allen.pdf- indecent photograph or image or pseudo photograph or image of a child. ./Web_Decision_-_Dale_Aaron_Allen.pdf- ./Web_Decision_-_Dale_Aaron_Allen.pdf-Even though there were behaviours that would point to a prohibition order being ./Web_Decision_-_Dale_Aaron_Allen.pdf-appropriate, the panel has gone on to consider whether or not there were sufficient ./Web_Decision_-_Dale_Aaron_Allen.pdf-mitigating factors to militate against a prohibition order being an appropriate and ./Web_Decision_-_Dale_Aaron_Allen.pdf-proportionate measure to impose, particularly taking into account the nature and severity ./Web_Decision_-_Dale_Aaron_Allen.pdf-of the behaviour in this case. In light of the panel’s findings, it is satisfied that, in respect ./Web_Decision_-_Dale_Aaron_Allen.pdf-of the facts of allegation 1, Mr Dale's omissions to take appropriate safeguarding ./Web_Decision_-_Dale_Aaron_Allen.pdf-measures were deliberate. As for the facts of allegation 2, again the conduct and ./Web_Decision_-_Dale_Aaron_Allen.pdf-behaviour of Mr Dale was clearly deliberate in searching for the websites containing ./Web_Decision_-_Dale_Aaron_Allen.pdf:sexual activity involving children. There is no evidence to suggest that, at any time, Mr ./Web_Decision_-_Dale_Aaron_Allen.pdf-Dale was acting under duress. ./Web_Decision_-_Dale_Aaron_Allen.pdf- ./Web_Decision_-_Dale_Aaron_Allen.pdf-Whilst there is evidence that, on more than one occasion, Mr Dale had received informal ./Web_Decision_-_Dale_Aaron_Allen.pdf-warnings as to his behaviour, such behaviour was not linked to the conduct giving rise to ./Web_Decision_-_Dale_Aaron_Allen.pdf-these proceedings. Whilst the panel therefore considered that Mr Dale did have a ./Web_Decision_-_Dale_Aaron_Allen.pdf-previously good history, the panel does not accept that the behaviour particularised ./Web_Decision_-_Dale_Aaron_Allen.pdf-under allegation 2 was out of character. By his own admission, Mr Dale had searched for ./Web_Decision_-_Dale_Aaron_Allen.pdf-similar websites when he was at university. ./Web_Decision_-_Dale_Aaron_Allen.pdf- ./Web_Decision_-_Dale_Aaron_Allen.pdf-Further, the panel had not been provided with any references or testimonials as to Mr -- ./Web_Decision_-_Dale_Aaron_Allen.pdf-decide to recommend that a review period of the order should be considered. The panel ./Web_Decision_-_Dale_Aaron_Allen.pdf-is mindful that the Advice advises that a prohibition order applies for life, but there may ./Web_Decision_-_Dale_Aaron_Allen.pdf-be circumstances in any given case that may make it appropriate to allow a teacher to ./Web_Decision_-_Dale_Aaron_Allen.pdf-apply to have the prohibition order reviewed after a specified period of time that may not ./Web_Decision_-_Dale_Aaron_Allen.pdf-be less than 2 years. ./Web_Decision_-_Dale_Aaron_Allen.pdf- ./Web_Decision_-_Dale_Aaron_Allen.pdf-The Advice indicates that there are behaviours that, if proven, would militate against a ./Web_Decision_-_Dale_Aaron_Allen.pdf-review period being recommended. One of these behaviours includes any activity ./Web_Decision_-_Dale_Aaron_Allen.pdf-involving viewing or possessing any indecent photograph or image of a child. The panel ./Web_Decision_-_Dale_Aaron_Allen.pdf-has found that Mr Dale's behaviour has illustrated that there is a risk that he may take ./Web_Decision_-_Dale_Aaron_Allen.pdf:steps to access websites which involve sexual activity with children. ./Web_Decision_-_Dale_Aaron_Allen.pdf- ./Web_Decision_-_Dale_Aaron_Allen.pdf-The panel is not satisfied that Mr Dale has shown an acceptable level of insight into his ./Web_Decision_-_Dale_Aaron_Allen.pdf-conduct. The panel considers that any reasonable member of the public would find Mr ./Web_Decision_-_Dale_Aaron_Allen.pdf:Dale's actions in searching for websites involving sexual activity with children to be totally ./Web_Decision_-_Dale_Aaron_Allen.pdf-unacceptable and contrary to the sort of behaviour expected of a teacher. ./Web_Decision_-_Dale_Aaron_Allen.pdf- ./Web_Decision_-_Dale_Aaron_Allen.pdf-On Mr Dale's own account, he had searched for such websites when in university. He ./Web_Decision_-_Dale_Aaron_Allen.pdf-had then conducted the same activity some years later, and on more than one occasion ./Web_Decision_-_Dale_Aaron_Allen.pdf-over a period of months, when employed as a teacher at the School. The panel is ./Web_Decision_-_Dale_Aaron_Allen.pdf-concerned that he had arranged for software to be installed, or done so himself, in order ./Web_Decision_-_Dale_Aaron_Allen.pdf-to remove evidence of his acitivities. The panel had found his explanations for not only ./Web_Decision_-_Dale_Aaron_Allen.pdf-his conduct in searching for such websites but also the installation of the software to be ./Web_Decision_-_Dale_Aaron_Allen.pdf-wholly implausible. ./Web_Decision_-_Dale_Aaron_Allen.pdf- -- ./Web_Decision_-_Dale_Aaron_Allen.pdf-achieve that aim taking into account the impact that it will have on the individual teacher. ./Web_Decision_-_Dale_Aaron_Allen.pdf-I have also asked myself whether or not a less intrusive measure, such as the published ./Web_Decision_-_Dale_Aaron_Allen.pdf-finding of unacceptable professional conduct and conduct that may bring the profession ./Web_Decision_-_Dale_Aaron_Allen.pdf-into disrepute, would itself be sufficient to achieve the overall aim. I have to consider ./Web_Decision_-_Dale_Aaron_Allen.pdf-whether the consequences of such a publication are themselves sufficient. I have ./Web_Decision_-_Dale_Aaron_Allen.pdf-considered therefore whether or not prohibiting Mr Dale, and the impact that will have on ./Web_Decision_-_Dale_Aaron_Allen.pdf-him, is proportionate. ./Web_Decision_-_Dale_Aaron_Allen.pdf- ./Web_Decision_-_Dale_Aaron_Allen.pdf-In this case I have considered the extent to which a prohibition order would protect ./Web_Decision_-_Dale_Aaron_Allen.pdf-children. The panel has observed, “failure to maintain proper boundaries with a pupil and ./Web_Decision_-_Dale_Aaron_Allen.pdf:searching for websites involving sexual activity with children”. A prohibition order would ./Web_Decision_-_Dale_Aaron_Allen.pdf-therefore prevent such a risk from being present. I have also taken into account the ./Web_Decision_-_Dale_Aaron_Allen.pdf-panel’s comments on insight and remorse which the panel sets out as follows, “The panel ./Web_Decision_-_Dale_Aaron_Allen.pdf-is not satisfied that Mr Dale has shown an acceptable level of insight into his conduct.” ./Web_Decision_-_Dale_Aaron_Allen.pdf-The panel has also commented that, “The panel had found his explanations for not only ./Web_Decision_-_Dale_Aaron_Allen.pdf-his conduct in searching for such websites but also the installation of the software to be ./Web_Decision_-_Dale_Aaron_Allen.pdf-wholly implausible.” In my judgement the lack of insight means that there is some risk of ./Web_Decision_-_Dale_Aaron_Allen.pdf-the repetition of this behaviour and this risks the safeguarding of pupils in the future. I ./Web_Decision_-_Dale_Aaron_Allen.pdf-have therefore given this element considerable weight in reaching my decision. ./Web_Decision_-_Dale_Aaron_Allen.pdf- ./Web_Decision_-_Dale_Aaron_Allen.pdf-I have gone on to consider the extent to which a prohibition order would maintain public ./Web_Decision_-_Dale_Aaron_Allen.pdf-confidence in the profession. The panel observe, “The panel considers that any ./Web_Decision_-_Dale_Aaron_Allen.pdf-reasonable member of the public would find Mr Dale's actions in searching for websites ./Web_Decision_-_Dale_Aaron_Allen.pdf:involving sexual activity with children to be totally unacceptable and contrary to the sort of ./Web_Decision_-_Dale_Aaron_Allen.pdf-behaviour expected of a teacher.” I am particularly mindful of the finding of activity which ./Web_Decision_-_Dale_Aaron_Allen.pdf-may have led to him viewing and possessing indecent photographs or images of a child ./Web_Decision_-_Dale_Aaron_Allen.pdf-in this case and the impact that such a finding has on the reputation of the profession. ./Web_Decision_-_Dale_Aaron_Allen.pdf- ./Web_Decision_-_Dale_Aaron_Allen.pdf-I have had to consider that the public has a high expectation of professional standards of ./Web_Decision_-_Dale_Aaron_Allen.pdf-all teachers and that failure to impose a prohibition order might be regarded by the public ./Web_Decision_-_Dale_Aaron_Allen.pdf-as a failure to uphold those high standards. In weighing these considerations I have had ./Web_Decision_-_Dale_Aaron_Allen.pdf-to consider the matter from the point of view of an “ordinary intelligent and well-informed ./Web_Decision_-_Dale_Aaron_Allen.pdf-citizen.” ./Web_Decision_-_Dale_Aaron_Allen.pdf- -- ./Web_Decision_-_Dale_Aaron_Allen.pdf-recommended no review period. ./Web_Decision_-_Dale_Aaron_Allen.pdf- ./Web_Decision_-_Dale_Aaron_Allen.pdf-I have considered the panel’s comments “In all the circumstances, the panel considers ./Web_Decision_-_Dale_Aaron_Allen.pdf-that there is an unacceptably high risk of repetition of such behaviour. It is not possible to ./Web_Decision_-_Dale_Aaron_Allen.pdf-conclude with any degree of confidence that Mr Dale's conduct and attitude are capable ./Web_Decision_-_Dale_Aaron_Allen.pdf-of remediation.” Furthermore, the Advice indicates that there are behaviours that, if ./Web_Decision_-_Dale_Aaron_Allen.pdf-proven, would militate against a review period being recommended. One of these ./Web_Decision_-_Dale_Aaron_Allen.pdf-behaviours includes any activity involving viewing or possessing any indecent ./Web_Decision_-_Dale_Aaron_Allen.pdf-photograph or image of a child. The panel has found, “that Mr Dale's behaviour has ./Web_Decision_-_Dale_Aaron_Allen.pdf-illustrated that there is a risk that he may take steps to access websites which involve ./Web_Decision_-_Dale_Aaron_Allen.pdf:sexual activity with children.” ./Web_Decision_-_Dale_Aaron_Allen.pdf- ./Web_Decision_-_Dale_Aaron_Allen.pdf- ./Web_Decision_-_Dale_Aaron_Allen.pdf- ./Web_Decision_-_Dale_Aaron_Allen.pdf- ./Web_Decision_-_Dale_Aaron_Allen.pdf- 21 ./Web_Decision_-_Dale_Aaron_Allen.pdf- -- ./Web_Decision_-_Dale_Aaron_Allen.pdf-The panel has also said, “The panel's findings indicate a situation in which a review period ./Web_Decision_-_Dale_Aaron_Allen.pdf-would not be appropriate and has decided that it would be proportionate in all the ./Web_Decision_-_Dale_Aaron_Allen.pdf-circumstances for the prohibition order to be recommended without provision for a review ./Web_Decision_-_Dale_Aaron_Allen.pdf-period.” ./Web_Decision_-_Dale_Aaron_Allen.pdf- ./Web_Decision_-_Dale_Aaron_Allen.pdf-I have considered whether no review period reflects the seriousness of the findings and ./Web_Decision_-_Dale_Aaron_Allen.pdf-is a proportionate period to achieve the aim of maintaining public confidence in the ./Web_Decision_-_Dale_Aaron_Allen.pdf-profession. In this case, there are three factors that in my view mean that a two year ./Web_Decision_-_Dale_Aaron_Allen.pdf-review period, or review period of a longer time, is not sufficient to achieve the aim of ./Web_Decision_-_Dale_Aaron_Allen.pdf-maintaining public confidence in the profession. These elements are the failure to ./Web_Decision_-_Dale_Aaron_Allen.pdf:maintain proper boundaries with a pupil and searching for websites involving sexual ./Web_Decision_-_Dale_Aaron_Allen.pdf-activity with children and the lack of either insight or remorse. ./Web_Decision_-_Dale_Aaron_Allen.pdf- ./Web_Decision_-_Dale_Aaron_Allen.pdf-I consider therefore that no review period is required to satisfy the maintenance of public ./Web_Decision_-_Dale_Aaron_Allen.pdf-confidence in the profession. ./Web_Decision_-_Dale_Aaron_Allen.pdf- ./Web_Decision_-_Dale_Aaron_Allen.pdf-This means that Mr Aaron Allen Dale is prohibited from teaching indefinitely and ./Web_Decision_-_Dale_Aaron_Allen.pdf-cannot teach in any school, sixth form college, relevant youth accommodation or ./Web_Decision_-_Dale_Aaron_Allen.pdf-children’s home in England. Furthermore, in view of the seriousness of the allegations ./Web_Decision_-_Dale_Aaron_Allen.pdf-found proved against him, I have decided that Mr Dale shall not be entitled to apply for ./Web_Decision_-_Dale_Aaron_Allen.pdf-restoration of his eligibility to teach. ./Web_Decision_-_Dunsmore_16751__1_.pdf-Allegations ./Web_Decision_-_Dunsmore_16751__1_.pdf-The panel considered the allegation set out in the notice of proceedings dated 11 ./Web_Decision_-_Dunsmore_16751__1_.pdf-November 2021. ./Web_Decision_-_Dunsmore_16751__1_.pdf- ./Web_Decision_-_Dunsmore_16751__1_.pdf-It was alleged that Mr Dunsmore was guilty of having been convicted of a relevant ./Web_Decision_-_Dunsmore_16751__1_.pdf-offence, in that: ./Web_Decision_-_Dunsmore_16751__1_.pdf- ./Web_Decision_-_Dunsmore_16751__1_.pdf: 1. On 9 November 2020, he was convicted of attempting to engage in sexual ./Web_Decision_-_Dunsmore_16751__1_.pdf- communication with a child on 21 August 2017, contrary to the Sexual Offences ./Web_Decision_-_Dunsmore_16751__1_.pdf- Act 2003 s15A(1) ./Web_Decision_-_Dunsmore_16751__1_.pdf-In his response to the notice of hearing, Mr Dunsmore has admitted both the fact of the ./Web_Decision_-_Dunsmore_16751__1_.pdf-allegation and that it constitutes a conviction of a relevant offence. ./Web_Decision_-_Dunsmore_16751__1_.pdf- ./Web_Decision_-_Dunsmore_16751__1_.pdf- ./Web_Decision_-_Dunsmore_16751__1_.pdf-Preliminary applications ./Web_Decision_-_Dunsmore_16751__1_.pdf-Applicable Procedures ./Web_Decision_-_Dunsmore_16751__1_.pdf- ./Web_Decision_-_Dunsmore_16751__1_.pdf-The panel noted that since the date of the referral to the TRA in this case, new Teacher -- ./Web_Decision_-_Dunsmore_16751__1_.pdf-On 30 August 2007, Mr Dunsmore commenced employment as a teacher at Colfe’s ./Web_Decision_-_Dunsmore_16751__1_.pdf-School. On 5 September 2017, Mr Dunsmore was arrested by the Metropolitan Police. ./Web_Decision_-_Dunsmore_16751__1_.pdf-On 9 November 2020, Mr Dunsmore appeared before Woolwich Crown Court and ./Web_Decision_-_Dunsmore_16751__1_.pdf-pleaded guilty to the offence with which he had been charged. ./Web_Decision_-_Dunsmore_16751__1_.pdf- ./Web_Decision_-_Dunsmore_16751__1_.pdf-The panel found the following particulars of the allegation against you proved, for these ./Web_Decision_-_Dunsmore_16751__1_.pdf-reasons: ./Web_Decision_-_Dunsmore_16751__1_.pdf- ./Web_Decision_-_Dunsmore_16751__1_.pdf:On 9 November 2020, you were convicted of attempting to engage in sexual ./Web_Decision_-_Dunsmore_16751__1_.pdf-communication with a child on 21 August 2017, contrary to the Sexual Offences ./Web_Decision_-_Dunsmore_16751__1_.pdf-Act 2003 s 15A(1). ./Web_Decision_-_Dunsmore_16751__1_.pdf- ./Web_Decision_-_Dunsmore_16751__1_.pdf-The panel has seen a certificate of conviction dated 15 March 2020 confirming that Mr ./Web_Decision_-_Dunsmore_16751__1_.pdf-Dunsmore was convicted at the Crown Court at Woolwich on 9 November 2020, of ./Web_Decision_-_Dunsmore_16751__1_.pdf:attempting to engage in sexual communication with a child. It states that he was ./Web_Decision_-_Dunsmore_16751__1_.pdf-sentenced to 6 months imprisonment, suspended for 24 months and to appear on the ./Web_Decision_-_Dunsmore_16751__1_.pdf-Sex Offenders Register for 10 years. It also states that he is subject to a Sexual Harm ./Web_Decision_-_Dunsmore_16751__1_.pdf-Prevention Order until further order under s103 of the Sexual Offences Act 2003. The ./Web_Decision_-_Dunsmore_16751__1_.pdf-police national computer record print confirms that the charge was “Attempt/Engage in ./Web_Decision_-_Dunsmore_16751__1_.pdf:sexual communication with a child on 21/08/17 Sexual Offences Act 2003 s 15A(1). It ./Web_Decision_-_Dunsmore_16751__1_.pdf-also confirms that Mr Dunsmore received a sentence of “suspended imprisonment 6 mths ./Web_Decision_-_Dunsmore_16751__1_.pdf-consecutive, wholly suspended 24 mths s20200270 programme requirement 30 days ./Web_Decision_-_Dunsmore_16751__1_.pdf-consecutive rehabilitation activity requirement 35 days consecutive victim surcharge ./Web_Decision_-_Dunsmore_16751__1_.pdf-115.00”. ./Web_Decision_-_Dunsmore_16751__1_.pdf- ./Web_Decision_-_Dunsmore_16751__1_.pdf-The panel therefore finds this allegation proven, and accepts the certificate of conviction ./Web_Decision_-_Dunsmore_16751__1_.pdf-as conclusive proof that establishes the relevant facts leading to the conviction. ./Web_Decision_-_Dunsmore_16751__1_.pdf- ./Web_Decision_-_Dunsmore_16751__1_.pdf-The panel has not seen the transcripts of Mr Dunsmore’s interviews with the police. From ./Web_Decision_-_Dunsmore_16751__1_.pdf-the police Case File Summary, it is apparent that Mr Dunsmore responded to someone ./Web_Decision_-_Dunsmore_16751__1_.pdf-posing as, and who introduced herself as, a 14 year old female in a chat room, and that ./Web_Decision_-_Dunsmore_16751__1_.pdf-Mr Dunsmore had introduced himself by his first name, stating he was 36 years old and a ./Web_Decision_-_Dunsmore_16751__1_.pdf:teacher. A sexualised conversation ensued which culminated in Mr Dunsmore ./Web_Decision_-_Dunsmore_16751__1_.pdf-masturbating and ejaculating for the operative to see. ./Web_Decision_-_Dunsmore_16751__1_.pdf- ./Web_Decision_-_Dunsmore_16751__1_.pdf-It is recorded that Mr Dunsmore was interviewed on two separate occasions on 15 ./Web_Decision_-_Dunsmore_16751__1_.pdf-September 2017 and 16 November 2018 and gave no comment answers. ./Web_Decision_-_Dunsmore_16751__1_.pdf- ./Web_Decision_-_Dunsmore_16751__1_.pdf-Mr Dunsmore then requested a further interview after a third party had been invited to the ./Web_Decision_-_Dunsmore_16751__1_.pdf-police station for an interview under caution. He explained that it had never been his ./Web_Decision_-_Dunsmore_16751__1_.pdf-intention to create any suspicion over that third party. The police Case File Summary ./Web_Decision_-_Dunsmore_16751__1_.pdf-contains a summary of Mr Dunsmore’s responses during this interview. He stated that he ./Web_Decision_-_Dunsmore_16751__1_.pdf-would try and speak with girls between 13 – 15 years old, and that he wouldn’t speak -- ./Web_Decision_-_Dunsmore_16751__1_.pdf-online chat rooms, that had started when he was 21 and training to be a teacher. He said ./Web_Decision_-_Dunsmore_16751__1_.pdf-that initially he would speak to people that were 16 – 19 years old, as he hadn’t had ./Web_Decision_-_Dunsmore_16751__1_.pdf-many serious girlfriends, and preferred younger girls as he wasn’t very confident. He said ./Web_Decision_-_Dunsmore_16751__1_.pdf-that he found it exciting and it became a habit. He referred to having given up the online ./Web_Decision_-_Dunsmore_16751__1_.pdf-chatrooms for months at a time, but that he had done it more over the last few years. He ./Web_Decision_-_Dunsmore_16751__1_.pdf-stated that it was very early on that he had started to talk to children, that the chat rooms ./Web_Decision_-_Dunsmore_16751__1_.pdf-were for 13-19 years olds and he was aware of this when entering them. He stated that ./Web_Decision_-_Dunsmore_16751__1_.pdf:he engaged in sexual conversations with 13 – 15 year olds for sexual gratification, and ./Web_Decision_-_Dunsmore_16751__1_.pdf-suspected that this would be illegal. ./Web_Decision_-_Dunsmore_16751__1_.pdf- ./Web_Decision_-_Dunsmore_16751__1_.pdf-He confirmed that images captured were of himself, and that one image showed him ./Web_Decision_-_Dunsmore_16751__1_.pdf-masturbating on webcam, being aware that it was a child he was speaking to at the time. ./Web_Decision_-_Dunsmore_16751__1_.pdf-He stated that if he upset a child, he would change his username. With regard to ./Web_Decision_-_Dunsmore_16751__1_.pdf-information Mr Dunsmore would give about himself, he said that he would quite often ./Web_Decision_-_Dunsmore_16751__1_.pdf-give his age and say that he was a teacher so that there was a real element to the ./Web_Decision_-_Dunsmore_16751__1_.pdf-conversation. He was asked if this was to gain their trust and he said that it wasn’t. He ./Web_Decision_-_Dunsmore_16751__1_.pdf-stated that he would often offer to do their homework, but never actually did. He said this ./Web_Decision_-_Dunsmore_16751__1_.pdf-was because he liked to give something in return and liked the idea of the child being in ./Web_Decision_-_Dunsmore_16751__1_.pdf-control. He said that he had been doing this since he was 21, roughly once a week, that ./Web_Decision_-_Dunsmore_16751__1_.pdf-he would do it at home, that he had never met up with anyone he had chatted to, and that ./Web_Decision_-_Dunsmore_16751__1_.pdf:he was not sexually attracted to children. He said that the nature of what he was doing ./Web_Decision_-_Dunsmore_16751__1_.pdf-made him excited and he liked the idea of breaking the rules. ./Web_Decision_-_Dunsmore_16751__1_.pdf- ./Web_Decision_-_Dunsmore_16751__1_.pdf-Findings as to conviction of a relevant offence ./Web_Decision_-_Dunsmore_16751__1_.pdf- ./Web_Decision_-_Dunsmore_16751__1_.pdf-The panel was satisfied that the conduct of Mr Dunsmore, in relation to the facts it found ./Web_Decision_-_Dunsmore_16751__1_.pdf-proved, involved breaches of the Teachers’ Standards. The panel considered that by ./Web_Decision_-_Dunsmore_16751__1_.pdf-reference to Part 2, Mr Dunsmore was in breach of the following standards: ./Web_Decision_-_Dunsmore_16751__1_.pdf- ./Web_Decision_-_Dunsmore_16751__1_.pdf- Teachers uphold public trust in the profession and maintain high standards of ethics ./Web_Decision_-_Dunsmore_16751__1_.pdf- and behaviour, within and outside school, by -- ./Web_Decision_-_Dunsmore_16751__1_.pdf-The panel noted that the individual’s actions were relevant to teaching, working with ./Web_Decision_-_Dunsmore_16751__1_.pdf-children and working in an education setting. The conviction confirms that Mr Dunsmore ./Web_Decision_-_Dunsmore_16751__1_.pdf-has deliberately sought out an underage child with whom to engage in inappropriate ./Web_Decision_-_Dunsmore_16751__1_.pdf:sexualised conversations for his own sexual gratification. The sentencing remarks made ./Web_Decision_-_Dunsmore_16751__1_.pdf-reference to Mr Dunsmore having accepted that he had engaged in conversations with ./Web_Decision_-_Dunsmore_16751__1_.pdf-young females below the age of 16, for a long time, since the age of 21. This causes ./Web_Decision_-_Dunsmore_16751__1_.pdf-concerns about the safeguarding of children in his care. ./Web_Decision_-_Dunsmore_16751__1_.pdf- ./Web_Decision_-_Dunsmore_16751__1_.pdf-The panel noted that the behaviour involved in committing the offence failed to have ./Web_Decision_-_Dunsmore_16751__1_.pdf-regard to the potential abuse he would cause to an individual who he thought to be ./Web_Decision_-_Dunsmore_16751__1_.pdf-underage, and to those, who on his own admission, he had spoken to who were in fact ./Web_Decision_-_Dunsmore_16751__1_.pdf-underage. ./Web_Decision_-_Dunsmore_16751__1_.pdf- ./Web_Decision_-_Dunsmore_16751__1_.pdf-The panel also took account of the way the teaching profession is viewed by others. The ./Web_Decision_-_Dunsmore_16751__1_.pdf-panel considered that Mr Dunsmore’s behaviour in committing the offence could affect ./Web_Decision_-_Dunsmore_16751__1_.pdf-public confidence in the teaching profession, given the influence that teachers may have ./Web_Decision_-_Dunsmore_16751__1_.pdf-on pupils, parents and others in the community. ./Web_Decision_-_Dunsmore_16751__1_.pdf- ./Web_Decision_-_Dunsmore_16751__1_.pdf-The panel noted that Mr Dunsmore’s behaviour ultimately led to a sentence of ./Web_Decision_-_Dunsmore_16751__1_.pdf-imprisonment, (albeit that it was suspended), which was indicative of the seriousness of ./Web_Decision_-_Dunsmore_16751__1_.pdf-the offences committed. ./Web_Decision_-_Dunsmore_16751__1_.pdf- ./Web_Decision_-_Dunsmore_16751__1_.pdf:This was a case concerning an offence involving sexual activity which the Advice states ./Web_Decision_-_Dunsmore_16751__1_.pdf-is likely to be considered a relevant offence. ./Web_Decision_-_Dunsmore_16751__1_.pdf- ./Web_Decision_-_Dunsmore_16751__1_.pdf-The panel took into account steps taken by Mr Dunsmore to try and address his ./Web_Decision_-_Dunsmore_16751__1_.pdf-offending behaviour that were recognised by the court in sentencing him. This included ./Web_Decision_-_Dunsmore_16751__1_.pdf-[redacted]. The panel also noted that Mr Dunsmore had been employed by Colfe’s school ./Web_Decision_-_Dunsmore_16751__1_.pdf-for 10 years, although no evidence is provided as to his teaching proficiency. ./Web_Decision_-_Dunsmore_16751__1_.pdf- ./Web_Decision_-_Dunsmore_16751__1_.pdf-Although the panel found that the steps taken by Mr Dunsmore to address his behaviour ./Web_Decision_-_Dunsmore_16751__1_.pdf-were of note, albeit no evidence had been provided as to its efficacy, the panel also ./Web_Decision_-_Dunsmore_16751__1_.pdf-found that the seriousness of the offending behaviour that led to the conviction was -- ./Web_Decision_-_Dunsmore_16751__1_.pdf-apportioned, although they are likely to have punitive effect. ./Web_Decision_-_Dunsmore_16751__1_.pdf- ./Web_Decision_-_Dunsmore_16751__1_.pdf-The panel had regard to the particular public interest considerations set out in the Advice ./Web_Decision_-_Dunsmore_16751__1_.pdf-and, having done so, found all of them to be relevant in this case, namely, the protection ./Web_Decision_-_Dunsmore_16751__1_.pdf-of pupils; the protection of other members of the public; the maintenance of public ./Web_Decision_-_Dunsmore_16751__1_.pdf-confidence in the profession; declaring and upholding proper standards of conduct; and ./Web_Decision_-_Dunsmore_16751__1_.pdf-the interest of retaining the teacher in the profession. ./Web_Decision_-_Dunsmore_16751__1_.pdf- ./Web_Decision_-_Dunsmore_16751__1_.pdf-In the light of the panel’s findings against Mr Dunsmore, there was a strong public ./Web_Decision_-_Dunsmore_16751__1_.pdf-interest consideration in respect of the protection of pupils, given his conviction for ./Web_Decision_-_Dunsmore_16751__1_.pdf:“attempt/engage in sexual communication with a child”. Indeed, Mr Dunsmore has ./Web_Decision_-_Dunsmore_16751__1_.pdf:received an indefinite sexual harm prevention order to “protect the public or any particular ./Web_Decision_-_Dunsmore_16751__1_.pdf:member of the public in the United Kingdom from sexual harm, or protect children or ./Web_Decision_-_Dunsmore_16751__1_.pdf-vulnerable adults generally, or any particular children or vulnerable adults outside the ./Web_Decision_-_Dunsmore_16751__1_.pdf:United Kingdom from sexual harm”. ./Web_Decision_-_Dunsmore_16751__1_.pdf- ./Web_Decision_-_Dunsmore_16751__1_.pdf-Similarly, the panel considered that public confidence in the profession could be seriously ./Web_Decision_-_Dunsmore_16751__1_.pdf-weakened if conduct such as that found against Mr Dunsmore were not treated with the ./Web_Decision_-_Dunsmore_16751__1_.pdf-utmost seriousness when regulating the conduct of the profession. ./Web_Decision_-_Dunsmore_16751__1_.pdf- ./Web_Decision_-_Dunsmore_16751__1_.pdf-The panel was of the view that a strong public interest consideration in declaring proper ./Web_Decision_-_Dunsmore_16751__1_.pdf-standards of conduct in the profession was also present as the conduct found against Mr ./Web_Decision_-_Dunsmore_16751__1_.pdf-Dunsmore was outside that which could reasonably be tolerated. ./Web_Decision_-_Dunsmore_16751__1_.pdf- ./Web_Decision_-_Dunsmore_16751__1_.pdf-The panel considered that the adverse public interest considerations above outweigh any -- ./Web_Decision_-_Dunsmore_16751__1_.pdf- a deep-seated attitude that leads to harmful behaviour; ./Web_Decision_-_Dunsmore_16751__1_.pdf- ./Web_Decision_-_Dunsmore_16751__1_.pdf- abuse of position or trust (particularly involving vulnerable pupils) or violation of the ./Web_Decision_-_Dunsmore_16751__1_.pdf- rights of pupils; ./Web_Decision_-_Dunsmore_16751__1_.pdf- ./Web_Decision_-_Dunsmore_16751__1_.pdf: sexual misconduct, for example, involving actions that were sexually motivated or of a ./Web_Decision_-_Dunsmore_16751__1_.pdf: sexual nature and/or that use or exploit the trust, knowledge or influence derived ./Web_Decision_-_Dunsmore_16751__1_.pdf- from the individual’s professional position; ./Web_Decision_-_Dunsmore_16751__1_.pdf- ./Web_Decision_-_Dunsmore_16751__1_.pdf- the commission of a serious criminal offence, including those that resulted in a ./Web_Decision_-_Dunsmore_16751__1_.pdf- conviction or caution, paying particular attention to offences that are ‘relevant ./Web_Decision_-_Dunsmore_16751__1_.pdf- matters’ for the purposes of The Police Act 1997 and criminal record disclosures. ./Web_Decision_-_Dunsmore_16751__1_.pdf- ./Web_Decision_-_Dunsmore_16751__1_.pdf-Even though some of the behaviour found proved in this case indicated that a prohibition ./Web_Decision_-_Dunsmore_16751__1_.pdf-order would be appropriate, the panel went on to consider the mitigating factors. ./Web_Decision_-_Dunsmore_16751__1_.pdf-Mitigating factors may indicate that a prohibition order would not be appropriate or ./Web_Decision_-_Dunsmore_16751__1_.pdf-proportionate. ./Web_Decision_-_Dunsmore_16751__1_.pdf- ./Web_Decision_-_Dunsmore_16751__1_.pdf-There was evidence that Mr Dunsmore’s actions were deliberate. ./Web_Decision_-_Dunsmore_16751__1_.pdf- ./Web_Decision_-_Dunsmore_16751__1_.pdf-There was no evidence to suggest that Mr Dunsmore was acting under duress, and, in ./Web_Decision_-_Dunsmore_16751__1_.pdf-fact, the panel found Mr Dunsmore’s actions to be calculated and motivated by his own ./Web_Decision_-_Dunsmore_16751__1_.pdf:sexual gratification. ./Web_Decision_-_Dunsmore_16751__1_.pdf- ./Web_Decision_-_Dunsmore_16751__1_.pdf-The panel accepted that Mr Dunsmore did not have any previous disciplinary orders ./Web_Decision_-_Dunsmore_16751__1_.pdf-against him. However, it is apparent that he has accepted that he had been engaging in ./Web_Decision_-_Dunsmore_16751__1_.pdf-conversations with young females for a long time, since the age of 21, and that some of ./Web_Decision_-_Dunsmore_16751__1_.pdf-those young females were below the age of 16. ./Web_Decision_-_Dunsmore_16751__1_.pdf- ./Web_Decision_-_Dunsmore_16751__1_.pdf-No testimonial statements have been provided by Mr Dunsmore attesting to his good ./Web_Decision_-_Dunsmore_16751__1_.pdf-character or ability as a teacher. ./Web_Decision_-_Dunsmore_16751__1_.pdf- ./Web_Decision_-_Dunsmore_16751__1_.pdf-The panel first considered whether it would be proportionate to conclude this case with -- ./Web_Decision_-_Dunsmore_16751__1_.pdf- ./Web_Decision_-_Dunsmore_16751__1_.pdf-The panel was of the view that, applying the standard of the ordinary intelligent citizen, it ./Web_Decision_-_Dunsmore_16751__1_.pdf-would not be a proportionate and appropriate response to recommend no prohibition ./Web_Decision_-_Dunsmore_16751__1_.pdf-order. Recommending that the publication of adverse findings would be sufficient would ./Web_Decision_-_Dunsmore_16751__1_.pdf-unacceptably compromise the public interest considerations present in this case, despite ./Web_Decision_-_Dunsmore_16751__1_.pdf-the severity of the consequences for Mr Dunsmore of prohibition. ./Web_Decision_-_Dunsmore_16751__1_.pdf- ./Web_Decision_-_Dunsmore_16751__1_.pdf-The panel was of the view that prohibition was both proportionate and appropriate. The ./Web_Decision_-_Dunsmore_16751__1_.pdf-panel decided that the public interest considerations outweighed the interests of Mr ./Web_Decision_-_Dunsmore_16751__1_.pdf-Dunsmore. Mr Dunsmore’s disregard for the impact on those with whom he engaged in ./Web_Decision_-_Dunsmore_16751__1_.pdf:sexual conversation was a significant factor in forming that opinion. Accordingly, the ./Web_Decision_-_Dunsmore_16751__1_.pdf- ./Web_Decision_-_Dunsmore_16751__1_.pdf- ./Web_Decision_-_Dunsmore_16751__1_.pdf- ./Web_Decision_-_Dunsmore_16751__1_.pdf- 11 ./Web_Decision_-_Dunsmore_16751__1_.pdf- -- ./Web_Decision_-_Dunsmore_16751__1_.pdf-panel made a recommendation to the Secretary of State that a prohibition order should ./Web_Decision_-_Dunsmore_16751__1_.pdf-be imposed with immediate effect. ./Web_Decision_-_Dunsmore_16751__1_.pdf- ./Web_Decision_-_Dunsmore_16751__1_.pdf-The panel went on to consider whether or not it would be appropriate for it to decide to ./Web_Decision_-_Dunsmore_16751__1_.pdf-recommend a review period of the order. The panel was mindful that the Advice states ./Web_Decision_-_Dunsmore_16751__1_.pdf-that a prohibition order applies for life, but there may be circumstances, in any given ./Web_Decision_-_Dunsmore_16751__1_.pdf-case, that may make it appropriate to allow a teacher to apply to have the prohibition ./Web_Decision_-_Dunsmore_16751__1_.pdf-order reviewed after a specified period of time that may not be less than 2 years. ./Web_Decision_-_Dunsmore_16751__1_.pdf- ./Web_Decision_-_Dunsmore_16751__1_.pdf-The Advice indicates that there are behaviours that, if proved, would militate against the ./Web_Decision_-_Dunsmore_16751__1_.pdf:recommendation of a review period. These behaviours include serious sexual ./Web_Decision_-_Dunsmore_16751__1_.pdf:misconduct, such as where the act was sexually motivated and resulted in, or had the ./Web_Decision_-_Dunsmore_16751__1_.pdf-potential to result in, harm to a person or persons, particularly where the individual has ./Web_Decision_-_Dunsmore_16751__1_.pdf-used his professional position to influence or exploit a person or persons. The panel ./Web_Decision_-_Dunsmore_16751__1_.pdf:found that Mr Dunsmore was responsible for engaging in sexual communications with a ./Web_Decision_-_Dunsmore_16751__1_.pdf-child. It is apparent that Mr Dunsmore would refer to his position as teacher during such ./Web_Decision_-_Dunsmore_16751__1_.pdf-conversations, and offer to do the child’s homework. This constituted an abuse of his ./Web_Decision_-_Dunsmore_16751__1_.pdf:professional position in order to achieve his own sexual gratification. ./Web_Decision_-_Dunsmore_16751__1_.pdf- ./Web_Decision_-_Dunsmore_16751__1_.pdf-Mr Dunsmore pleaded guilty at the Crown Court. It is apparent that having initially given ./Web_Decision_-_Dunsmore_16751__1_.pdf-two no comment interviews, he requested a third interview in which he appears to have ./Web_Decision_-_Dunsmore_16751__1_.pdf-co-operated fully with the questions asked, and made numerous admissions during that ./Web_Decision_-_Dunsmore_16751__1_.pdf-interview as to his conduct. His co-operation appears to have been prompted by the ./Web_Decision_-_Dunsmore_16751__1_.pdf-police’s interview of a third party, and not wanting suspicion to fall upon that third party. ./Web_Decision_-_Dunsmore_16751__1_.pdf-The Crown Court recognised steps Mr Dunsmore had taken and it was recognised that ./Web_Decision_-_Dunsmore_16751__1_.pdf-he had some insight into the nature of his behaviour and the damage that his behaviour ./Web_Decision_-_Dunsmore_16751__1_.pdf-can do to young girls. The panel has, however, seen no direct evidence itself that could ./Web_Decision_-_Dunsmore_16751__1_.pdf-satisfy it that since his sentencing, Mr Dunsmore has continued his path to address his -- ./Web_Decision_-_Dunsmore_16751__1_.pdf- ./Web_Decision_-_Dunsmore_16751__1_.pdf- Teachers must have an understanding of, and always act within, the statutory ./Web_Decision_-_Dunsmore_16751__1_.pdf- frameworks which set out their professional duties and responsibilities. ./Web_Decision_-_Dunsmore_16751__1_.pdf- ./Web_Decision_-_Dunsmore_16751__1_.pdf-“The panel considered that a finding that this conviction was for a relevant offence was ./Web_Decision_-_Dunsmore_16751__1_.pdf-necessary to reaffirm clear standards of conduct so as to maintain public confidence in ./Web_Decision_-_Dunsmore_16751__1_.pdf-the teaching profession.” ./Web_Decision_-_Dunsmore_16751__1_.pdf- ./Web_Decision_-_Dunsmore_16751__1_.pdf-The finding that this conviction was for a relevant offence is particularly serious, the panel ./Web_Decision_-_Dunsmore_16751__1_.pdf-noted that “The conviction confirms that Mr Dunsmore has deliberately sought out an ./Web_Decision_-_Dunsmore_16751__1_.pdf:underage child with whom to engage in inappropriate sexualised conversations for his ./Web_Decision_-_Dunsmore_16751__1_.pdf:own sexual gratification.” ./Web_Decision_-_Dunsmore_16751__1_.pdf- ./Web_Decision_-_Dunsmore_16751__1_.pdf-I have to determine whether the imposition of a prohibition order is proportionate and in ./Web_Decision_-_Dunsmore_16751__1_.pdf-the public interest. In considering that for this case, I have considered the overall aim of a ./Web_Decision_-_Dunsmore_16751__1_.pdf-prohibition order which is to protect pupils and to maintain public confidence in the ./Web_Decision_-_Dunsmore_16751__1_.pdf-profession. I have considered the extent to which a prohibition order in this case would ./Web_Decision_-_Dunsmore_16751__1_.pdf-achieve that aim taking into account the impact that it will have on the individual teacher. ./Web_Decision_-_Dunsmore_16751__1_.pdf-I have also asked myself, whether a less intrusive measure, such as the published ./Web_Decision_-_Dunsmore_16751__1_.pdf-finding of unacceptable professional conduct and conduct that may bring the profession ./Web_Decision_-_Dunsmore_16751__1_.pdf-into disrepute, would itself be sufficient to achieve the overall aim. I have to consider ./Web_Decision_-_Dunsmore_16751__1_.pdf- -- ./Web_Decision_-_Dunsmore_16751__1_.pdf-indicates a real risk of repetition.” ./Web_Decision_-_Dunsmore_16751__1_.pdf- ./Web_Decision_-_Dunsmore_16751__1_.pdf-In my judgement, the lack of insight and further conviction means that there is some risk ./Web_Decision_-_Dunsmore_16751__1_.pdf-of the repetition of this behaviour, and this puts at risk the future wellbeing of pupils. I ./Web_Decision_-_Dunsmore_16751__1_.pdf-have therefore given this element considerable weight in reaching my decision. ./Web_Decision_-_Dunsmore_16751__1_.pdf- ./Web_Decision_-_Dunsmore_16751__1_.pdf-I have gone on to consider the extent to which a prohibition order would maintain public ./Web_Decision_-_Dunsmore_16751__1_.pdf-confidence in the profession. The panel was of the view that “prohibition was both ./Web_Decision_-_Dunsmore_16751__1_.pdf-proportionate and appropriate. The panel decided that the public interest considerations ./Web_Decision_-_Dunsmore_16751__1_.pdf-outweighed the interests of Mr Dunsmore. Mr Dunsmore’s disregard for the impact on ./Web_Decision_-_Dunsmore_16751__1_.pdf:those with whom he engaged in sexual conversation was a significant factor in forming ./Web_Decision_-_Dunsmore_16751__1_.pdf-that opinion.” ./Web_Decision_-_Dunsmore_16751__1_.pdf- ./Web_Decision_-_Dunsmore_16751__1_.pdf-I am particularly mindful of the finding of a relevant conviction in relation to the Sexual ./Web_Decision_-_Dunsmore_16751__1_.pdf-Offences Act 2003 s15A(1) and the impact that such a finding has on the reputation of ./Web_Decision_-_Dunsmore_16751__1_.pdf-the profession. ./Web_Decision_-_Dunsmore_16751__1_.pdf- ./Web_Decision_-_Dunsmore_16751__1_.pdf-I have had to consider that the public has a high expectation of professional standards of ./Web_Decision_-_Dunsmore_16751__1_.pdf-all teachers and that the public might regard a failure to impose a prohibition order as a ./Web_Decision_-_Dunsmore_16751__1_.pdf-failure to uphold those high standards. In weighing these considerations, I have had to ./Web_Decision_-_Dunsmore_16751__1_.pdf-consider the matter from the point of view of an “ordinary intelligent and well-informed -- ./Web_Decision_-_Dunsmore_16751__1_.pdf-I have also considered the impact of a prohibition order on Mr Dunsmore himself. A ./Web_Decision_-_Dunsmore_16751__1_.pdf-prohibition order would prevent him from teaching and would also deprive the public of ./Web_Decision_-_Dunsmore_16751__1_.pdf-his contribution to the profession for the period that it is in force. ./Web_Decision_-_Dunsmore_16751__1_.pdf- ./Web_Decision_-_Dunsmore_16751__1_.pdf-I have also placed considerable weight on the finding of the panel that Mr Dunsmore ./Web_Decision_-_Dunsmore_16751__1_.pdf-would refer to his position as a teacher and offer to do the child’s homework, during chat ./Web_Decision_-_Dunsmore_16751__1_.pdf-room conversations. The panel observed “This constituted an abuse of his professional ./Web_Decision_-_Dunsmore_16751__1_.pdf:position in order to achieve his own sexual gratification.” ./Web_Decision_-_Dunsmore_16751__1_.pdf- ./Web_Decision_-_Dunsmore_16751__1_.pdf-I have given less weight in my consideration of sanction therefore, to the contribution that ./Web_Decision_-_Dunsmore_16751__1_.pdf-Mr Dunsmore has made to the profession. In my view, it is necessary to impose a ./Web_Decision_-_Dunsmore_16751__1_.pdf-prohibition order to maintain public confidence in the profession. A published decision, in ./Web_Decision_-_Dunsmore_16751__1_.pdf-light of the circumstances in this case, that is not backed up by remorse or insight, does ./Web_Decision_-_Dunsmore_16751__1_.pdf-not in my view satisfy the public interest requirement concerning public confidence in the ./Web_Decision_-_Dunsmore_16751__1_.pdf-profession. ./Web_Decision_-_Dunsmore_16751__1_.pdf- ./Web_Decision_-_Dunsmore_16751__1_.pdf-For these reasons, I have concluded that a prohibition order is proportionate and in the ./Web_Decision_-_Dunsmore_16751__1_.pdf-public interest in order to achieve the intended aims of a prohibition order. ./Web_Decision_-_Dunsmore_16751__1_.pdf- ./Web_Decision_-_Dunsmore_16751__1_.pdf-I have gone on to consider the matter of a review period. In this case, the panel has ./Web_Decision_-_Dunsmore_16751__1_.pdf-recommended that no provision should be made for a review period. ./Web_Decision_-_Dunsmore_16751__1_.pdf- ./Web_Decision_-_Dunsmore_16751__1_.pdf-I have considered whether a review period reflects the seriousness of the findings and is ./Web_Decision_-_Dunsmore_16751__1_.pdf-a proportionate period to achieve the aim of maintaining public confidence in the ./Web_Decision_-_Dunsmore_16751__1_.pdf-profession. In this case, two factors mean that a review period is not sufficient to achieve ./Web_Decision_-_Dunsmore_16751__1_.pdf-the aim of maintaining public confidence in the profession. These elements are the ./Web_Decision_-_Dunsmore_16751__1_.pdf:panel’s comments in relation to the risk of repetition and the serious sexual nature of the ./Web_Decision_-_Dunsmore_16751__1_.pdf-conviction. ./Web_Decision_-_Dunsmore_16751__1_.pdf- ./Web_Decision_-_Dunsmore_16751__1_.pdf-I consider therefore that allowing for no review period is necessary to maintain public ./Web_Decision_-_Dunsmore_16751__1_.pdf-confidence and is proportionate and in the public interest. ./Web_Decision_-_Dunsmore_16751__1_.pdf- ./Web_Decision_-_Dunsmore_16751__1_.pdf-This means that Mr Christopher Dunsmore is prohibited from teaching indefinitely ./Web_Decision_-_Dunsmore_16751__1_.pdf-and cannot teach in any school, sixth form college, relevant youth accommodation ./Web_Decision_-_Dunsmore_16751__1_.pdf-or children’s home in England. Furthermore, in view of the seriousness of the ./Web_Decision_-_Dunsmore_16751__1_.pdf-allegation found proved against him, I have decided that Mr Dunsmore shall not be ./Web_Decision_-_Dunsmore_16751__1_.pdf-entitled to apply for restoration of his eligibility to teach. ./Web_Decision_-_Eveleigh__Elena.pdf- ./Web_Decision_-_Eveleigh__Elena.pdf-Ms Eveleigh is guilty of unacceptable professional conduct and/or conduct which may ./Web_Decision_-_Eveleigh__Elena.pdf-bring the profession into disrepute in that: ./Web_Decision_-_Eveleigh__Elena.pdf- ./Web_Decision_-_Eveleigh__Elena.pdf-2. On 30 May 2012 at South London Magistrates Court, Ms Eveleigh was convicted ./Web_Decision_-_Eveleigh__Elena.pdf- of the offence of theft in that on 22 May 2012 Ms Eveleigh stole items to the value ./Web_Decision_-_Eveleigh__Elena.pdf- of £172.36, contrary to Section 1 of the Theft Act 1968. Ms Eveleigh was ./Web_Decision_-_Eveleigh__Elena.pdf- sentenced to a conditional discharge for a period of 18 months and to pay costs of ./Web_Decision_-_Eveleigh__Elena.pdf- £85; ./Web_Decision_-_Eveleigh__Elena.pdf- ./Web_Decision_-_Eveleigh__Elena.pdf:3. On 20 August 2014 at Sussex Magistrates Court, Ms Eveleigh was convicted of ./Web_Decision_-_Eveleigh__Elena.pdf- the offence of theft, in that on 6 August 2014 Ms Eveleigh stole items to the value ./Web_Decision_-_Eveleigh__Elena.pdf- of £86.36, contrary to Section 1(1) and 7 of the Theft Act 1968. Ms Eveleigh was ./Web_Decision_-_Eveleigh__Elena.pdf- sentenced on 27 November 2014 to a conditional discharge for a period of 18 ./Web_Decision_-_Eveleigh__Elena.pdf- months, to pay costs of £330 and to pay a victim surcharge of £15; ./Web_Decision_-_Eveleigh__Elena.pdf- ./Web_Decision_-_Eveleigh__Elena.pdf:4. On 27 November 2014 at Sussex Magistrates Court, Ms Eveleigh was convicted ./Web_Decision_-_Eveleigh__Elena.pdf- of the offence of assault on 6 August 2014, contrary to Section 39 of the Criminal ./Web_Decision_-_Eveleigh__Elena.pdf- Justice Act 1988. Ms Eveleigh was sentenced to a conditional discharge for a ./Web_Decision_-_Eveleigh__Elena.pdf- period of 18 months. ./Web_Decision_-_Eveleigh__Elena.pdf- ./Web_Decision_-_Eveleigh__Elena.pdf-Ms Eveleigh admitted the facts in allegations 1, 2, 3 and 4. On 20 July 2015, Ms Eveleigh ./Web_Decision_-_Eveleigh__Elena.pdf-signed an agreed Statement of Facts. The Statement of Agreed Facts did not ask Ms ./Web_Decision_-_Eveleigh__Elena.pdf-Eveleigh to confirm that she admitted the conviction in allegation 1 was for a relevant ./Web_Decision_-_Eveleigh__Elena.pdf-offence although she did make this admission in her response to the Notice of Referral. ./Web_Decision_-_Eveleigh__Elena.pdf- ./Web_Decision_-_Eveleigh__Elena.pdf-Within the Statement of Agreed Facts, Ms Eveleigh admitted that her conduct in relation -- ./Web_Decision_-_Eveleigh__Elena.pdf-1. On 12 July 2012 at South East Surrey Magistrates Court you were convicted ./Web_Decision_-_Eveleigh__Elena.pdf- of the offence of theft, in that on 28 June 2012 you stole items to the value of ./Web_Decision_-_Eveleigh__Elena.pdf- £45.57 contrary to Section 1(1) and 7 of the Theft Act 1968. You were fined ./Web_Decision_-_Eveleigh__Elena.pdf- £50 and ordered to pay a victim surcharge of £15; ./Web_Decision_-_Eveleigh__Elena.pdf- ./Web_Decision_-_Eveleigh__Elena.pdf-2. On 30 May 2012 at South London Magistrates Court, you were convicted of ./Web_Decision_-_Eveleigh__Elena.pdf- the offence of theft in that on 22 May 2012 you stole items to the value of ./Web_Decision_-_Eveleigh__Elena.pdf- £172.36, contrary to Section 1 of the Theft Act 1968. You were sentenced to ./Web_Decision_-_Eveleigh__Elena.pdf- a conditional discharge for a period of 18 months and to pay costs of £85; ./Web_Decision_-_Eveleigh__Elena.pdf- ./Web_Decision_-_Eveleigh__Elena.pdf:3. On 20 August 2014 at Sussex Magistrates Court, you were convicted of the ./Web_Decision_-_Eveleigh__Elena.pdf- offence of theft, in that on 6 August 2014 you stole items to the value of ./Web_Decision_-_Eveleigh__Elena.pdf- £86.36, contrary to Section 1(1) and 7 of the Theft Act 1968. You were ./Web_Decision_-_Eveleigh__Elena.pdf- sentenced on 27 November 2014 to a conditional discharge for a period of 18 ./Web_Decision_-_Eveleigh__Elena.pdf- months, to pay costs of £330 and to pay a victim surcharge of £15; ./Web_Decision_-_Eveleigh__Elena.pdf- ./Web_Decision_-_Eveleigh__Elena.pdf:4. On 27 November 2014 at Sussex Magistrates Court, you were convicted of ./Web_Decision_-_Eveleigh__Elena.pdf- the offence of assault on 6 August 2014, contrary to Section 39 of the ./Web_Decision_-_Eveleigh__Elena.pdf- ./Web_Decision_-_Eveleigh__Elena.pdf- ./Web_Decision_-_Eveleigh__Elena.pdf- ./Web_Decision_-_Eveleigh__Elena.pdf- 7 ./Web_Decision_-_Eveleigh__Elena.pdf- ./web_Decision_-_Grimshaw_-_14528.pdf- ./web_Decision_-_Grimshaw_-_14528.pdf- ./web_Decision_-_Grimshaw_-_14528.pdf-B. Allegations ./web_Decision_-_Grimshaw_-_14528.pdf-The panel considered the allegations set out in the Notice of Proceedings dated 27 ./web_Decision_-_Grimshaw_-_14528.pdf-September 2016. ./web_Decision_-_Grimshaw_-_14528.pdf- ./web_Decision_-_Grimshaw_-_14528.pdf-It was alleged that you, Mr Nicholas (Nick) Marc Grimshaw, are guilty of unacceptable ./web_Decision_-_Grimshaw_-_14528.pdf-professional conduct and/or conduct that may bring the profession into disrepute in that ./web_Decision_-_Grimshaw_-_14528.pdf-whilst employed as a teacher at St Michael’s Primary School, Reading you; ./web_Decision_-_Grimshaw_-_14528.pdf- ./web_Decision_-_Grimshaw_-_14528.pdf: 1. Accessed pornography websites on one or more occasions whilst ./web_Decision_-_Grimshaw_-_14528.pdf- connected to a school network, in particular: ./web_Decision_-_Grimshaw_-_14528.pdf- ./web_Decision_-_Grimshaw_-_14528.pdf- ./web_Decision_-_Grimshaw_-_14528.pdf- 3 ./web_Decision_-_Grimshaw_-_14528.pdf- -- ./web_Decision_-_Grimshaw_-_14528.pdf- a. Gayteenvideo.net; ./web_Decision_-_Grimshaw_-_14528.pdf- ./web_Decision_-_Grimshaw_-_14528.pdf- b. Gayboystube.com; ./web_Decision_-_Grimshaw_-_14528.pdf- ./web_Decision_-_Grimshaw_-_14528.pdf: 2. Made searches for pornography and/or other inappropriate material on one ./web_Decision_-_Grimshaw_-_14528.pdf- or more occasions whilst connected to a school network, in particular he ./web_Decision_-_Grimshaw_-_14528.pdf- used the following or similar keywords: ./web_Decision_-_Grimshaw_-_14528.pdf- ./web_Decision_-_Grimshaw_-_14528.pdf- a. ‘skipped school to fuck’; ./web_Decision_-_Grimshaw_-_14528.pdf- ./web_Decision_-_Grimshaw_-_14528.pdf- b. ‘gayboystube’; ./web_Decision_-_Grimshaw_-_14528.pdf- ./web_Decision_-_Grimshaw_-_14528.pdf- c. ‘very gay boys’; ./web_Decision_-_Grimshaw_-_14528.pdf- ./web_Decision_-_Grimshaw_-_14528.pdf: d. ‘twink sex’; ./web_Decision_-_Grimshaw_-_14528.pdf- ./web_Decision_-_Grimshaw_-_14528.pdf- e. ‘hot tube videos with nude teen boys’; ./web_Decision_-_Grimshaw_-_14528.pdf- ./web_Decision_-_Grimshaw_-_14528.pdf- f. ‘gayteen videos’; ./web_Decision_-_Grimshaw_-_14528.pdf- ./web_Decision_-_Grimshaw_-_14528.pdf- g. ‘fitlads dating’; ./web_Decision_-_Grimshaw_-_14528.pdf- ./web_Decision_-_Grimshaw_-_14528.pdf- h. ‘ladsforlads’. ./web_Decision_-_Grimshaw_-_14528.pdf- ./web_Decision_-_Grimshaw_-_14528.pdf-In the Statement of Agreed Facts signed by Mr Grimshaw on 27 July 2016, Mr Grimshaw -- ./web_Decision_-_Grimshaw_-_14528.pdf-2014, with Mr Grimshaw’s interview taking place on 10 October 2014. A disciplinary ./web_Decision_-_Grimshaw_-_14528.pdf-hearing took place on 4 March 2015 and Mr Grimshaw was dismissed for misconduct on ./web_Decision_-_Grimshaw_-_14528.pdf-30 April 2015. ./web_Decision_-_Grimshaw_-_14528.pdf- ./web_Decision_-_Grimshaw_-_14528.pdf-Findings of fact ./web_Decision_-_Grimshaw_-_14528.pdf-The panel’s findings of fact are as follows: ./web_Decision_-_Grimshaw_-_14528.pdf- ./web_Decision_-_Grimshaw_-_14528.pdf-The panel has found the following particulars of the allegations against you, Mr ./web_Decision_-_Grimshaw_-_14528.pdf-Grimshaw, proven, for these reasons: ./web_Decision_-_Grimshaw_-_14528.pdf- ./web_Decision_-_Grimshaw_-_14528.pdf: 1. Accessed pornography websites on one or more occasions whilst ./web_Decision_-_Grimshaw_-_14528.pdf- connected to a school network, in particular: ./web_Decision_-_Grimshaw_-_14528.pdf- ./web_Decision_-_Grimshaw_-_14528.pdf- a. Gayteenvideo.net; ./web_Decision_-_Grimshaw_-_14528.pdf- ./web_Decision_-_Grimshaw_-_14528.pdf- b. Gayboystube.com; ./web_Decision_-_Grimshaw_-_14528.pdf- ./web_Decision_-_Grimshaw_-_14528.pdf-In respect of allegation 1, the panel notes that Mr Grimshaw admits in the undated Notice ./web_Decision_-_Grimshaw_-_14528.pdf-of Referral Form that he accessed the websites referred to in allegation 1(a) and (1b) ./web_Decision_-_Grimshaw_-_14528.pdf-whilst unknowingly logged into the School’s gmail account (p.20). ./web_Decision_-_Grimshaw_-_14528.pdf- ./web_Decision_-_Grimshaw_-_14528.pdf-Mr Grimshaw also admits to viewing the websites in his oral evidence given to the panel ./web_Decision_-_Grimshaw_-_14528.pdf-at the hearing, in the Statement of Agreed Facts signed by Mr Grimshaw on 27 July 2016 ./web_Decision_-_Grimshaw_-_14528.pdf-(p. 24), in his contemporaneous replies to the Schools’ disciplinary process (p.383) and ./web_Decision_-_Grimshaw_-_14528.pdf-in his witness statement (p.450). In his witness statement, Mr Grimshaw again noted ./web_Decision_-_Grimshaw_-_14528.pdf-however that he did not intend to use the School’s gmail account to view the websites ./web_Decision_-_Grimshaw_-_14528.pdf-(p.450). ./web_Decision_-_Grimshaw_-_14528.pdf- ./web_Decision_-_Grimshaw_-_14528.pdf-The panel also notes that the DBS referral document records that the websites were ./web_Decision_-_Grimshaw_-_14528.pdf-accessed 675 times between November 2010 and January 2014 (p.35) and that Mr ./web_Decision_-_Grimshaw_-_14528.pdf:Grimshaw had admitted to the School that he had accessed several websites of a sexual ./web_Decision_-_Grimshaw_-_14528.pdf-nature featuring young men via the School’s gmail web address (p.36). ./web_Decision_-_Grimshaw_-_14528.pdf- ./web_Decision_-_Grimshaw_-_14528.pdf-The panel also notes from the legible parts of the School’s web history print out of ./web_Decision_-_Grimshaw_-_14528.pdf-searches (provided at p.38 to p.320) that: ./web_Decision_-_Grimshaw_-_14528.pdf- ./web_Decision_-_Grimshaw_-_14528.pdf- 1. “Gayboystube” was searched on various dates between 29 November 2013 and ./web_Decision_-_Grimshaw_-_14528.pdf- 28 January 2014. The School’s web history print out shows that the website had ./web_Decision_-_Grimshaw_-_14528.pdf- been viewed 646 times. ./web_Decision_-_Grimshaw_-_14528.pdf- ./web_Decision_-_Grimshaw_-_14528.pdf- -- ./web_Decision_-_Grimshaw_-_14528.pdf- 2. “Gayteenvideo” was searched on various dates between 29 November 2013 and ./web_Decision_-_Grimshaw_-_14528.pdf- 28 January 2014. The School’s web history print out shows that the website had ./web_Decision_-_Grimshaw_-_14528.pdf- been viewed 35 times. ./web_Decision_-_Grimshaw_-_14528.pdf- ./web_Decision_-_Grimshaw_-_14528.pdf-The panel also notes that Mr Grimshaw confirms in his contemporaneous interview with ./web_Decision_-_Grimshaw_-_14528.pdf-the independent investigator during the School’s investigation that he had accessed the ./web_Decision_-_Grimshaw_-_14528.pdf-websites from his home laptop whilst connected to the School’s gmail account (p.338). ./web_Decision_-_Grimshaw_-_14528.pdf- ./web_Decision_-_Grimshaw_-_14528.pdf-The panel is therefore satisfied that facts giving rise to allegation 1 are proven. ./web_Decision_-_Grimshaw_-_14528.pdf- ./web_Decision_-_Grimshaw_-_14528.pdf: 2. Made searches for pornography and/or other inappropriate material on one ./web_Decision_-_Grimshaw_-_14528.pdf- or more occasions whilst connected to a school network, in particular you ./web_Decision_-_Grimshaw_-_14528.pdf- used the following or similar keywords: ./web_Decision_-_Grimshaw_-_14528.pdf- ./web_Decision_-_Grimshaw_-_14528.pdf- a. ‘skipped school to fuck’; ./web_Decision_-_Grimshaw_-_14528.pdf- ./web_Decision_-_Grimshaw_-_14528.pdf- b. ‘gayboystube’; ./web_Decision_-_Grimshaw_-_14528.pdf- ./web_Decision_-_Grimshaw_-_14528.pdf- c. ‘very gay boys’; ./web_Decision_-_Grimshaw_-_14528.pdf- ./web_Decision_-_Grimshaw_-_14528.pdf: d. ‘twink sex’; ./web_Decision_-_Grimshaw_-_14528.pdf- ./web_Decision_-_Grimshaw_-_14528.pdf- e. ‘hot tube videos with nude teen boys’; ./web_Decision_-_Grimshaw_-_14528.pdf- ./web_Decision_-_Grimshaw_-_14528.pdf- f. ‘gayteen videos’; ./web_Decision_-_Grimshaw_-_14528.pdf- ./web_Decision_-_Grimshaw_-_14528.pdf- g. ‘fitlads dating’; ./web_Decision_-_Grimshaw_-_14528.pdf- ./web_Decision_-_Grimshaw_-_14528.pdf- h. ‘ladsforlads’. ./web_Decision_-_Grimshaw_-_14528.pdf- ./web_Decision_-_Grimshaw_-_14528.pdf-In respect of allegation 2, the panel notes that Mr Grimshaw admits in the undated Notice -- ./web_Decision_-_Grimshaw_-_14528.pdf-knowledge and experience of the teaching profession as well as the Teachers’ ./web_Decision_-_Grimshaw_-_14528.pdf-Standards. ./web_Decision_-_Grimshaw_-_14528.pdf- ./web_Decision_-_Grimshaw_-_14528.pdf-The panel is satisfied that the conduct of Mr Grimshaw in relation to the facts found ./web_Decision_-_Grimshaw_-_14528.pdf-proven, involved breaches of the Teachers’ Standards. The panel considers that by ./web_Decision_-_Grimshaw_-_14528.pdf-reference to Part Two, Mr Grimshaw is in breach of the following standard: ./web_Decision_-_Grimshaw_-_14528.pdf- ./web_Decision_-_Grimshaw_-_14528.pdf-  Teachers must have proper and professional regard for the ethos, policies and ./web_Decision_-_Grimshaw_-_14528.pdf- practices of the school in which they teach ./web_Decision_-_Grimshaw_-_14528.pdf-The panel is satisfied that the conduct of Mr Grimshaw fell significantly short of the ./web_Decision_-_Grimshaw_-_14528.pdf:standards expected of the profession. Mr Grimshaw accessed pornography through the ./web_Decision_-_Grimshaw_-_14528.pdf-School network, on repeated occasions over a significant period of time. Mr Grimshaw ./web_Decision_-_Grimshaw_-_14528.pdf-knew, or ought to have known, that this was in breach of the School’s IT policy. Mr ./web_Decision_-_Grimshaw_-_14528.pdf-Grimshaw was responsible for ensuring he understood the School’s IT policy and how to ./web_Decision_-_Grimshaw_-_14528.pdf-correctly use remote access, even if no training was given on the policy or no active ./web_Decision_-_Grimshaw_-_14528.pdf-discussions took place on the policy. The panel accepts Mr Grimshaw’s oral evidence ./web_Decision_-_Grimshaw_-_14528.pdf-that he was not aware that he was still logged into the School’s network but the panel ./web_Decision_-_Grimshaw_-_14528.pdf- ./web_Decision_-_Grimshaw_-_14528.pdf- 9 ./web_Decision_-_Grimshaw_-_14528.pdf- -- ./web_Decision_-_Grimshaw_-_14528.pdf-conduct would be viewed negatively by the public particularly in light of the unique role ./web_Decision_-_Grimshaw_-_14528.pdf-that teachers can hold, potentially damaging the public perception of the profession. ./web_Decision_-_Grimshaw_-_14528.pdf- ./web_Decision_-_Grimshaw_-_14528.pdf-Further, Mr Grimshaw searched terms involving the words “teen”, “boys”, “skipped school ./web_Decision_-_Grimshaw_-_14528.pdf-to fuck” and similar words. The panel considers that the public perception would be that ./web_Decision_-_Grimshaw_-_14528.pdf-undertaking these searches on a School network are both inappropriate and ./web_Decision_-_Grimshaw_-_14528.pdf-unacceptable for a primary school teacher who should be maintaining public confidence ./web_Decision_-_Grimshaw_-_14528.pdf-in the profession. The panel was not persuaded by Mr Grimshaw’s submissions that the ./web_Decision_-_Grimshaw_-_14528.pdf:word “teen” commonly referred to people between age 18 and 22 on pornographic ./web_Decision_-_Grimshaw_-_14528.pdf-websites. ./web_Decision_-_Grimshaw_-_14528.pdf- ./web_Decision_-_Grimshaw_-_14528.pdf-The panel therefore finds that Mr Grimshaw’s actions constitute conduct that may bring ./web_Decision_-_Grimshaw_-_14528.pdf-the profession into disrepute. ./web_Decision_-_Grimshaw_-_14528.pdf- ./web_Decision_-_Grimshaw_-_14528.pdf- ./web_Decision_-_Grimshaw_-_14528.pdf-Panel’s recommendation to the Secretary of State ./web_Decision_-_Grimshaw_-_14528.pdf-Given the panel’s findings in respect of unacceptable professional conduct and conduct ./web_Decision_-_Grimshaw_-_14528.pdf-that may bring the profession into disrepute, it is necessary for the panel to go on to ./web_Decision_-_Grimshaw_-_14528.pdf-consider whether it would be appropriate to recommend the imposition of a prohibition -- ./web_Decision_-_Grimshaw_-_14528.pdf-any given case that make it appropriate to allow a teacher to apply to have the prohibition ./web_Decision_-_Grimshaw_-_14528.pdf-order reviewed after a specified period of time that may not be less than 2 years. ./web_Decision_-_Grimshaw_-_14528.pdf- ./web_Decision_-_Grimshaw_-_14528.pdf-The Advice indicates that there are behaviours that, if proven, would militate against a ./web_Decision_-_Grimshaw_-_14528.pdf-review period being recommended. The panel has already found that none of the ./web_Decision_-_Grimshaw_-_14528.pdf-behaviours are relevant in Mr Grimshaw’s case. ./web_Decision_-_Grimshaw_-_14528.pdf- ./web_Decision_-_Grimshaw_-_14528.pdf-The panel notes that Mr Grimshaw has shown remorse for accessing the material via the ./web_Decision_-_Grimshaw_-_14528.pdf-School network. Mr Grimshaw continues however to rely on the fact that he was unaware ./web_Decision_-_Grimshaw_-_14528.pdf-that he was logged into the School’s network to view the websites rather than accepting ./web_Decision_-_Grimshaw_-_14528.pdf:the seriousness of how the public may view searching for pornography using words such ./web_Decision_-_Grimshaw_-_14528.pdf-as “teen” or “boy” for a primary school teacher, thereby showing lack of insight into his ./web_Decision_-_Grimshaw_-_14528.pdf-behaviour. Mr Grimshaw is a significantly experienced teacher and has been teaching in ./web_Decision_-_Grimshaw_-_14528.pdf-the profession for around 10 years and is well aware of the proper standards of conduct ./web_Decision_-_Grimshaw_-_14528.pdf-expected of teachers. ./web_Decision_-_Grimshaw_-_14528.pdf- ./web_Decision_-_Grimshaw_-_14528.pdf-The panel’s findings indicate a situation in which a review period would not be ./web_Decision_-_Grimshaw_-_14528.pdf-appropriate and decided that it would be proportionate in all the circumstances for the ./web_Decision_-_Grimshaw_-_14528.pdf-prohibition order to be recommended without provisions for a review period. ./web_Decision_-_Grimshaw_-_14528.pdf- ./web_Decision_-_Grimshaw_-_14528.pdf-Decision and reasons on behalf of the Secretary of -- ./web_Decision_-_Grimshaw_-_14528.pdf- ./web_Decision_-_Grimshaw_-_14528.pdf-All of the allegations against Mr Grimshaw have been found proven, and the panel has ./web_Decision_-_Grimshaw_-_14528.pdf-found that those facts amount to unacceptable professional conduct and conduct that ./web_Decision_-_Grimshaw_-_14528.pdf-may bring the profession into disrepute. ./web_Decision_-_Grimshaw_-_14528.pdf- ./web_Decision_-_Grimshaw_-_14528.pdf-The panel has found that Mr Grimshaw has breached the following standard: ./web_Decision_-_Grimshaw_-_14528.pdf- ./web_Decision_-_Grimshaw_-_14528.pdf-  Teachers must have proper and professional regard for the ethos, policies and ./web_Decision_-_Grimshaw_-_14528.pdf- practices of the school in which they teach. ./web_Decision_-_Grimshaw_-_14528.pdf-I agree with the panel’s view that the conduct of Mr Grimshaw fell significantly short of the ./web_Decision_-_Grimshaw_-_14528.pdf:standards expected of the profession. Mr Grimshaw accessed pornography through the ./web_Decision_-_Grimshaw_-_14528.pdf-School network, on repeated occasions over a significant period of time. The panel has ./web_Decision_-_Grimshaw_-_14528.pdf- ./web_Decision_-_Grimshaw_-_14528.pdf- ./web_Decision_-_Grimshaw_-_14528.pdf- ./web_Decision_-_Grimshaw_-_14528.pdf- 13 ./web_Decision_-_Grimshaw_-_14528.pdf- -- ./web_Decision_-_Grimshaw_-_14528.pdf-the need to balance the public interest with the interests of the teacher. I have taken into ./web_Decision_-_Grimshaw_-_14528.pdf-account the need to be proportionate. ./web_Decision_-_Grimshaw_-_14528.pdf- ./web_Decision_-_Grimshaw_-_14528.pdf-In this case I agree with the recommendation of the panel that Mr Grimshaw should be ./web_Decision_-_Grimshaw_-_14528.pdf-prohibited from teaching. Prohibition is both proportionate and appropriate. ./web_Decision_-_Grimshaw_-_14528.pdf- ./web_Decision_-_Grimshaw_-_14528.pdf-I have also gone on to consider the matter of a review period. I have noted the panel’s ./web_Decision_-_Grimshaw_-_14528.pdf-comments on Mr Grimshaw’s insight and remorse. Although Mr Grimshaw has shown ./web_Decision_-_Grimshaw_-_14528.pdf-remorse for accessing the material via the School network, I note that he does not ./web_Decision_-_Grimshaw_-_14528.pdf-appear to have accepted the seriousness of how the public may view searching for ./web_Decision_-_Grimshaw_-_14528.pdf:pornography using words such as “teen” or “boy” for a primary school teacher. I agree ./web_Decision_-_Grimshaw_-_14528.pdf-with the panel that this shows a lack of insight into his behaviour. ./web_Decision_-_Grimshaw_-_14528.pdf- ./web_Decision_-_Grimshaw_-_14528.pdf-For the reasons set out above, I agree with the panel’s recommendation that Mr ./web_Decision_-_Grimshaw_-_14528.pdf-Grimshaw should not be given a review period for the reasons set out above. ./web_Decision_-_Grimshaw_-_14528.pdf- ./web_Decision_-_Grimshaw_-_14528.pdf-This means that Mr Nicholas Grimshaw is prohibited from teaching indefinitely and ./web_Decision_-_Grimshaw_-_14528.pdf-cannot teach in any school, sixth form college, relevant youth accommodation or ./web_Decision_-_Grimshaw_-_14528.pdf-children’s home in England. Furthermore, in view of the seriousness of the allegations ./web_Decision_-_Grimshaw_-_14528.pdf-found proved against him, I have decided that Mr Grimshaw shall not be entitled to apply ./web_Decision_-_Grimshaw_-_14528.pdf-for restoration of his eligibility to teach. ./Web_decision_-_Hawkes-King_C.pdf- ./Web_decision_-_Hawkes-King_C.pdf-It was alleged that Mr Christopher Hawkes-King was guilty of unacceptable professional ./Web_decision_-_Hawkes-King_C.pdf-conduct and/or conduct that may bring the profession into disrepute, in that: ./Web_decision_-_Hawkes-King_C.pdf- ./Web_decision_-_Hawkes-King_C.pdf- 1. In relation to Pupil A (a Year 13 female pupil aged 18) he: ./Web_decision_-_Hawkes-King_C.pdf- ./Web_decision_-_Hawkes-King_C.pdf- a. Exchanged texts and/or social media and/or Skype messages with her: ./Web_decision_-_Hawkes-King_C.pdf- ./Web_decision_-_Hawkes-King_C.pdf- i. including flirtatious messages; ./Web_decision_-_Hawkes-King_C.pdf- ./Web_decision_-_Hawkes-King_C.pdf: ii. including messages of a sexual nature; ./Web_decision_-_Hawkes-King_C.pdf- ./Web_decision_-_Hawkes-King_C.pdf: b. Sent to and/or received from Pupil A sexually explicit images and/or videos, ./Web_decision_-_Hawkes-King_C.pdf- ./Web_decision_-_Hawkes-King_C.pdf- c. Whilst on School premises: ./Web_decision_-_Hawkes-King_C.pdf- ./Web_decision_-_Hawkes-King_C.pdf- i. hugged and/or kissed Pupil A including kissing her on her neck ./Web_decision_-_Hawkes-King_C.pdf- and/or breasts, ./Web_decision_-_Hawkes-King_C.pdf- ./Web_decision_-_Hawkes-King_C.pdf- ii. allowed Pupil A to masturbate him, ./Web_decision_-_Hawkes-King_C.pdf- ./Web_decision_-_Hawkes-King_C.pdf- iii. touched Pupil A intimately including penetrating her vagina with his ./Web_decision_-_Hawkes-King_C.pdf- fingers; ./Web_decision_-_Hawkes-King_C.pdf- ./Web_decision_-_Hawkes-King_C.pdf: 2. His actions as set out above were sexually motivated. ./Web_decision_-_Hawkes-King_C.pdf- ./Web_decision_-_Hawkes-King_C.pdf-In the Statement of Agreed Facts, Mr Hawkes-King admits the factual particulars of these ./Web_decision_-_Hawkes-King_C.pdf-allegations and that they amount to unacceptable professional conduct and/or conduct ./Web_decision_-_Hawkes-King_C.pdf-that may bring the profession into disrepute. This is why this matter is proceeding by way ./Web_decision_-_Hawkes-King_C.pdf-of a meeting. ./Web_decision_-_Hawkes-King_C.pdf- ./Web_decision_-_Hawkes-King_C.pdf- ./Web_decision_-_Hawkes-King_C.pdf-C. Preliminary applications ./Web_decision_-_Hawkes-King_C.pdf-The panel considered at the outset whether the allegations should be considered at a ./Web_decision_-_Hawkes-King_C.pdf-public hearing at which the parties would be entitled to attend, or a private meeting -- ./Web_decision_-_Hawkes-King_C.pdf- ./Web_decision_-_Hawkes-King_C.pdf-You are guilty of unacceptable professional conduct and/or conduct that may bring ./Web_decision_-_Hawkes-King_C.pdf-the profession into disrepute in that: ./Web_decision_-_Hawkes-King_C.pdf- ./Web_decision_-_Hawkes-King_C.pdf- 1. In relation to Pupil A (a Year 13 female pupil aged 18) you: ./Web_decision_-_Hawkes-King_C.pdf- ./Web_decision_-_Hawkes-King_C.pdf- a. Exchanged texts and/or social media and/or Skype messages with her ./Web_decision_-_Hawkes-King_C.pdf- ./Web_decision_-_Hawkes-King_C.pdf- i. including flirtatious messages; ./Web_decision_-_Hawkes-King_C.pdf- ./Web_decision_-_Hawkes-King_C.pdf: ii. including messages of a sexual nature; ./Web_decision_-_Hawkes-King_C.pdf- ./Web_decision_-_Hawkes-King_C.pdf-The panel noted from the Statement of Agreed Facts signed by Mr Hawkes-King on 17 ./Web_decision_-_Hawkes-King_C.pdf-March 2017, that Mr Hawkes-King agrees that Pupil A was a student at the School at the ./Web_decision_-_Hawkes-King_C.pdf-time of his employment and he taught Pupil A [redacted]. ./Web_decision_-_Hawkes-King_C.pdf-The panel had regard to the management investigation report (“the Report”) prepared by ./Web_decision_-_Hawkes-King_C.pdf-the School which states that Mr Hawkes-King admitted in a meeting with the School on ./Web_decision_-_Hawkes-King_C.pdf-11 November 2015 that he had been exchanging emails with a Year 13 student and that ./Web_decision_-_Hawkes-King_C.pdf-he said these communications had become flirtatious. ./Web_decision_-_Hawkes-King_C.pdf-The Report also states that Mr Hawkes-King admitted that this then led onto him and ./Web_decision_-_Hawkes-King_C.pdf:Pupil A “sexting” each other outside of the School. The Report further reflects that Pupil ./Web_decision_-_Hawkes-King_C.pdf-A’s and Mr Hawkes-King’s accounts to the police indicated that Mr Hawkes-King first ./Web_decision_-_Hawkes-King_C.pdf-started communicating with Pupil A through an online gaming site known as ‘Steam’ and ./Web_decision_-_Hawkes-King_C.pdf-Mr Hawkes-King subsequently suggested that he and Pupil A communicate via Skype. ./Web_decision_-_Hawkes-King_C.pdf-The Report further states that they communicated on Skype, phone calls and video. ./Web_decision_-_Hawkes-King_C.pdf-A record of Mr Hawkes-King’s investigation meeting with the School on 23 November ./Web_decision_-_Hawkes-King_C.pdf-2015 states that Mr Hawkes-King’s relationship with Pupil A started through an online ./Web_decision_-_Hawkes-King_C.pdf-chatroom via ‘Steam’. The panel noted that Mr Hawkes-King admits each of the factual ./Web_decision_-_Hawkes-King_C.pdf-particulars of allegation 1.a.i and 1.a.ii. in the Statement of Agreed Facts, in particular he ./Web_decision_-_Hawkes-King_C.pdf-admits that he exchanged messages with Pupil A which contained flirtatious and/or ./Web_decision_-_Hawkes-King_C.pdf:sexually explicit content from around 9 October 2015. ./Web_decision_-_Hawkes-King_C.pdf-Allegation 1.a.i and 1.a.ii are therefore found proven. ./Web_decision_-_Hawkes-King_C.pdf- ./Web_decision_-_Hawkes-King_C.pdf- ./Web_decision_-_Hawkes-King_C.pdf- 6 ./Web_decision_-_Hawkes-King_C.pdf- -- ./Web_decision_-_Hawkes-King_C.pdf: b. Sent to and/or received from Pupil A sexually explicit images and/or ./Web_decision_-_Hawkes-King_C.pdf- videos, ./Web_decision_-_Hawkes-King_C.pdf- ./Web_decision_-_Hawkes-King_C.pdf-A record of an investigation meeting with the School on 23 November 2015 reflects Mr ./Web_decision_-_Hawkes-King_C.pdf-Hawkes-King stating that his Skype contact with Pupil A became more regular and ./Web_decision_-_Hawkes-King_C.pdf-intimate with pictures being swapped, some of which were inappropriate and also explicit. ./Web_decision_-_Hawkes-King_C.pdf-The Report indicates that Mr Hawkes-King told the School that Pupil A had sent him a ./Web_decision_-_Hawkes-King_C.pdf-picture of her bare chest and that he had also shared an inappropriate image of himself. ./Web_decision_-_Hawkes-King_C.pdf-The Report further reflects that in their account to the police, Pupil A and Mr Hawkes- ./Web_decision_-_Hawkes-King_C.pdf-King indicated that things became more flirtatious and he and Pupil A started talking ./Web_decision_-_Hawkes-King_C.pdf:about what they liked “sexually”. ./Web_decision_-_Hawkes-King_C.pdf-The panel noted this allegation is admitted by Mr Hawkes-King in the Statement of ./Web_decision_-_Hawkes-King_C.pdf-Agreed Facts. He admits that he exchanged naked photographs with Pupil A containing ./Web_decision_-_Hawkes-King_C.pdf-images of her breasts and/or his penis from around 17 October 2015. He further admits, ./Web_decision_-_Hawkes-King_C.pdf-that on or around 21 October 2015, he sent a video of himself masturbating to Pupil A. ./Web_decision_-_Hawkes-King_C.pdf-This allegation is therefore found proven. ./Web_decision_-_Hawkes-King_C.pdf- c. Whilst on School premises: ./Web_decision_-_Hawkes-King_C.pdf- ./Web_decision_-_Hawkes-King_C.pdf- i. hugged and/or kissed Pupil A including kissing her on her neck ./Web_decision_-_Hawkes-King_C.pdf- and/or breasts, ./Web_decision_-_Hawkes-King_C.pdf- -- ./Web_decision_-_Hawkes-King_C.pdf-The Report further indicates, that in their account to the police, Mr Hawkes-King and ./Web_decision_-_Hawkes-King_C.pdf-Pupil A indicated that Mr Hawkes-King digitally penetrated Pupil A. Mr Hawkes-King ./Web_decision_-_Hawkes-King_C.pdf-admits the factual particulars of this allegation in the Statement of Agreed Facts. He ./Web_decision_-_Hawkes-King_C.pdf-admits that he touched Pupil A’s vagina and penetrated her vagina with his fingers. This ./Web_decision_-_Hawkes-King_C.pdf-allegation is therefore found proven. ./Web_decision_-_Hawkes-King_C.pdf: 2. Your actions as set out above were sexually motivated. ./Web_decision_-_Hawkes-King_C.pdf- ./Web_decision_-_Hawkes-King_C.pdf-The legal advisor advised the panel that it may find it helpful to ask itself whether on the ./Web_decision_-_Hawkes-King_C.pdf-balance of probabilities reasonable persons would think the words/actions found proven ./Web_decision_-_Hawkes-King_C.pdf:against Mr Hawkes-King could be sexual. If so, the panel will then need to go on to ask ./Web_decision_-_Hawkes-King_C.pdf-itself a second question: whether, in all the circumstances of the conduct in the case, it is ./Web_decision_-_Hawkes-King_C.pdf-more likely than not that Mr Hawkes-King’s purpose of such words/actions in relation to ./Web_decision_-_Hawkes-King_C.pdf:Pupil A was sexual. ./Web_decision_-_Hawkes-King_C.pdf-The panel considered that there was sufficient evidence in the bundle to satisfy itself, on ./Web_decision_-_Hawkes-King_C.pdf-the balance of probabilities, that reasonable persons would think the conduct found ./Web_decision_-_Hawkes-King_C.pdf:proven in relation to allegations 1.a. to 1.c. was sexually motivated. Mr Hawkes-King’s ./Web_decision_-_Hawkes-King_C.pdf-admission to hugging and kissing Pupil A, allowing Pupil A to masturbate him and ./Web_decision_-_Hawkes-King_C.pdf:penetrating her vagina with his fingers was evidence of Mr Hawkes-King’s sexual desire ./Web_decision_-_Hawkes-King_C.pdf-for Pupil A. Mr Hawkes-King admits, in the Statement of Agreed Facts, that his actions as ./Web_decision_-_Hawkes-King_C.pdf:set out at allegations 1.a. to 1.c. were sexually motivated. ./Web_decision_-_Hawkes-King_C.pdf-The panel therefore found this allegation proven. ./Web_decision_-_Hawkes-King_C.pdf- ./Web_decision_-_Hawkes-King_C.pdf-Findings as to unacceptable professional conduct and/or conduct that ./Web_decision_-_Hawkes-King_C.pdf-may bring the profession into disrepute ./Web_decision_-_Hawkes-King_C.pdf-The panel is satisfied that the conduct of Mr Hawkes-King in relation to the facts found ./Web_decision_-_Hawkes-King_C.pdf-proven, involved breaches of the Teachers’ Standards. The panel considers that by ./Web_decision_-_Hawkes-King_C.pdf-reference to Part Two, Mr Hawkes-King is in breach of the following standards: ./Web_decision_-_Hawkes-King_C.pdf- ./Web_decision_-_Hawkes-King_C.pdf-  Teachers uphold public trust in the profession and maintain high standards of ./Web_decision_-_Hawkes-King_C.pdf- ethics and behaviour, within and outside school, by -- ./Web_decision_-_Hawkes-King_C.pdf-The panel is satisfied that the conduct of Mr Hawkes-King fell significantly short of the ./Web_decision_-_Hawkes-King_C.pdf-standards expected of the profession. Mr Hawkes-King should not have subjected a pupil ./Web_decision_-_Hawkes-King_C.pdf:to sexually explicit messages or pictures and should not have engaged in intimacy or ./Web_decision_-_Hawkes-King_C.pdf:undertaken sexual activity with a pupil. ./Web_decision_-_Hawkes-King_C.pdf- ./Web_decision_-_Hawkes-King_C.pdf-The panel noted from the Report that Mr Hawkes-King is recorded as stating in his ./Web_decision_-_Hawkes-King_C.pdf-investigation meeting with the School that he “understood” the high standards of conduct ./Web_decision_-_Hawkes-King_C.pdf-expected of teachers as set out in the School’s child protection and safeguarding policy ./Web_decision_-_Hawkes-King_C.pdf-and the internet safety policy. The panel further noted from the Report that Mr Hawkes- ./Web_decision_-_Hawkes-King_C.pdf-King’s behaviour represented gross misconduct as defined in the School’s discipline ./Web_decision_-_Hawkes-King_C.pdf-policy, specifically “conduct at work likely to offend decency, including improper ./Web_decision_-_Hawkes-King_C.pdf-relationship with students”. Even if Pupil A was aged over 18 at the time of the physical ./Web_decision_-_Hawkes-King_C.pdf:sexual activity, Pupil A was still a pupil of the School and the panel considered Mr ./Web_decision_-_Hawkes-King_C.pdf-Hawkes-King had crossed the boundaries of an appropriate pupil teacher relationship. ./Web_decision_-_Hawkes-King_C.pdf- ./Web_decision_-_Hawkes-King_C.pdf-The panel has also considered whether Mr Hawkes-King’s conduct displayed behaviours ./Web_decision_-_Hawkes-King_C.pdf-associated with any of the offences listed on pages 8 and 9 of the Advice. The panel has ./Web_decision_-_Hawkes-King_C.pdf:found that the offence of sexual activity is relevant. The Advice indicates that where ./Web_decision_-_Hawkes-King_C.pdf-behaviours associated with such an offence exist, a panel is likely to conclude that an ./Web_decision_-_Hawkes-King_C.pdf-individual’s conduct would amount to unacceptable professional conduct. ./Web_decision_-_Hawkes-King_C.pdf- ./Web_decision_-_Hawkes-King_C.pdf-The panel notes that allegation 1.a. may relate to conduct which took place outside of the ./Web_decision_-_Hawkes-King_C.pdf-education setting as it is possible that Mr Hawkes-King’s messages on social media and ./Web_decision_-_Hawkes-King_C.pdf-Skype to Pupil A may have been outside of the School’s premises. The panel considers ./Web_decision_-_Hawkes-King_C.pdf-that this conduct affects the way Mr Hawkes-King fulfils his teaching role or may lead to ./Web_decision_-_Hawkes-King_C.pdf-pupils being exposed to or influenced by the behaviour in a harmful way, as pupils should ./Web_decision_-_Hawkes-King_C.pdf:not receive flirtatious or sexually explicit messages from a teacher. ./Web_decision_-_Hawkes-King_C.pdf- ./Web_decision_-_Hawkes-King_C.pdf-Accordingly, the panel is satisfied that Mr Hawkes-King is guilty of unacceptable ./Web_decision_-_Hawkes-King_C.pdf-professional conduct. ./Web_decision_-_Hawkes-King_C.pdf- ./Web_decision_-_Hawkes-King_C.pdf-The panel has taken into account how the teaching profession is viewed by others and ./Web_decision_-_Hawkes-King_C.pdf-considered the influence that teachers may have on pupils, parents and others in the ./Web_decision_-_Hawkes-King_C.pdf-community. The panel has taken account of the uniquely influential role that teachers can ./Web_decision_-_Hawkes-King_C.pdf-hold in pupils’ lives and that pupils must be able to view teachers as role models in the ./Web_decision_-_Hawkes-King_C.pdf-way they behave. ./Web_decision_-_Hawkes-King_C.pdf- -- ./Web_decision_-_Hawkes-King_C.pdf-  abuse of position or trust (particularly involving vulnerable pupils) or violation of the ./Web_decision_-_Hawkes-King_C.pdf- rights of pupils; ./Web_decision_-_Hawkes-King_C.pdf:  sexual misconduct, eg involving actions that were sexually motivated or of a ./Web_decision_-_Hawkes-King_C.pdf: sexual nature and/or that use or exploit the trust, knowledge or influence derived ./Web_decision_-_Hawkes-King_C.pdf- from the individual’s professional position; ./Web_decision_-_Hawkes-King_C.pdf-Even though there were behaviours that would point to a prohibition order being ./Web_decision_-_Hawkes-King_C.pdf-appropriate, the panel went on to consider whether or not there were sufficient mitigating ./Web_decision_-_Hawkes-King_C.pdf-factors to militate against a prohibition order being an appropriate and proportionate ./Web_decision_-_Hawkes-King_C.pdf-measure to impose, particularly taking into account the nature and severity of the ./Web_decision_-_Hawkes-King_C.pdf-behaviour in this case. ./Web_decision_-_Hawkes-King_C.pdf- ./Web_decision_-_Hawkes-King_C.pdf-The panel considered there was no evidence that Mr Hawkes-King’s actions were not ./Web_decision_-_Hawkes-King_C.pdf-deliberate. There was no evidence to suggest that Mr Hawkes-King was acting under ./Web_decision_-_Hawkes-King_C.pdf:duress, and in fact the panel found his actions to be sexually motivated. ./Web_decision_-_Hawkes-King_C.pdf- ./Web_decision_-_Hawkes-King_C.pdf-There is no evidence within the bundle relating to Mr Hawkes-King’s previous teaching ./Web_decision_-_Hawkes-King_C.pdf-history and the panel has seen no evidence that shows Mr Hawkes-King was previously ./Web_decision_-_Hawkes-King_C.pdf-subject to disciplinary proceedings or warnings. The panel can only assume that Mr ./Web_decision_-_Hawkes-King_C.pdf-Hawkes-King was of previous good history. ./Web_decision_-_Hawkes-King_C.pdf- ./Web_decision_-_Hawkes-King_C.pdf-There is no character evidence in the bundle for the panel to consider. However, the ./Web_decision_-_Hawkes-King_C.pdf-documents from the School’s disciplinary investigation reflects Mr Hawkes-King admitting ./Web_decision_-_Hawkes-King_C.pdf-his inappropriate conduct towards Pupil A from 11 November 2015. The panel noted from ./Web_decision_-_Hawkes-King_C.pdf-the Report that the School considers that Mr Hawkes-King’s account of his actions -- ./Web_decision_-_Hawkes-King_C.pdf:King. His sexual relationship with Pupil A was a significant factor in forming that opinion. ./Web_decision_-_Hawkes-King_C.pdf-Accordingly, the panel makes a recommendation to the Secretary of State that a ./Web_decision_-_Hawkes-King_C.pdf-prohibition order should be imposed with immediate effect. ./Web_decision_-_Hawkes-King_C.pdf- ./Web_decision_-_Hawkes-King_C.pdf-The panel went on to consider whether or not it would be appropriate to decide to ./Web_decision_-_Hawkes-King_C.pdf-recommend that a review period of the order should be considered. The panel was ./Web_decision_-_Hawkes-King_C.pdf-mindful that the Advice advises that a prohibition order applies for life, but there may be ./Web_decision_-_Hawkes-King_C.pdf-circumstances in any given case that may make it appropriate to allow a teacher to apply ./Web_decision_-_Hawkes-King_C.pdf-to have the prohibition order reviewed after a specified period of time that may not be ./Web_decision_-_Hawkes-King_C.pdf-less than 2 years. ./Web_decision_-_Hawkes-King_C.pdf- ./Web_decision_-_Hawkes-King_C.pdf-The Advice indicates that there are behaviours that, if proven, would militate against a ./Web_decision_-_Hawkes-King_C.pdf:review period being recommended. One of these behaviours includes serious sexual ./Web_decision_-_Hawkes-King_C.pdf:misconduct, eg where the act was sexually motivated and resulted in or had the potential ./Web_decision_-_Hawkes-King_C.pdf-to result in, harm to a person or persons, particularly where the individual has used their ./Web_decision_-_Hawkes-King_C.pdf-professional position to influence or exploit a person or persons. The panel has found ./Web_decision_-_Hawkes-King_C.pdf:that Mr Hawkes-King has been responsible for sexually motivated behaviour towards ./Web_decision_-_Hawkes-King_C.pdf:Pupil A that resulted in him undertaking sexual activity with Pupil A whilst she was a pupil ./Web_decision_-_Hawkes-King_C.pdf-of the School. This, in the panel’s view was an abuse by Mr Hawkes-King of his ./Web_decision_-_Hawkes-King_C.pdf-professional position as a teacher. ./Web_decision_-_Hawkes-King_C.pdf- ./Web_decision_-_Hawkes-King_C.pdf-The panel noted Mr Hawkes-King’s acknowledgement, in his written representations, that ./Web_decision_-_Hawkes-King_C.pdf-he had caused emotional distress, however he does not indicate to whom. The record of ./Web_decision_-_Hawkes-King_C.pdf-his interview with the School on 23 November 2015, reflects Mr Hawkes-King was aware ./Web_decision_-_Hawkes-King_C.pdf-of the abuse of trust he exercised towards a pupil in his care. However, the panel did not ./Web_decision_-_Hawkes-King_C.pdf-consider that the documents in the bundle reflect Mr Hawkes-King displaying any level of ./Web_decision_-_Hawkes-King_C.pdf-insight over the inappropriateness of his actions towards Pupil A. ./Web_decision_-_Hawkes-King_C.pdf- -- ./Web_decision_-_Hawkes-King_C.pdf- professional position; ./Web_decision_-_Hawkes-King_C.pdf- o having regard for the need to safeguard pupils’ well-being, in accordance with ./Web_decision_-_Hawkes-King_C.pdf- statutory provisions; ./Web_decision_-_Hawkes-King_C.pdf-  Teachers must have proper and professional regard for the ethos, policies and ./Web_decision_-_Hawkes-King_C.pdf- practices of the school in which they teach, and maintain high standards in their ./Web_decision_-_Hawkes-King_C.pdf- own attendance and punctuality. ./Web_decision_-_Hawkes-King_C.pdf-  Teachers must have an understanding of, and always act within, the statutory ./Web_decision_-_Hawkes-King_C.pdf- frameworks which set out their professional duties and responsibilities. ./Web_decision_-_Hawkes-King_C.pdf-The panel is satisfied that the conduct of Mr Hawkes-King fell significantly short of the ./Web_decision_-_Hawkes-King_C.pdf-standards expected of the profession. Mr Hawkes-King should not have subjected a pupil ./Web_decision_-_Hawkes-King_C.pdf:to sexually explicit messages or pictures and should not have engaged in intimacy or ./Web_decision_-_Hawkes-King_C.pdf:undertaken sexual activity with a pupil. ./Web_decision_-_Hawkes-King_C.pdf- ./Web_decision_-_Hawkes-King_C.pdf-The panel also noted from the Report that Mr Hawkes-King is recorded as stating in his ./Web_decision_-_Hawkes-King_C.pdf-investigation meeting with the School that he “understood” the high standards of conduct ./Web_decision_-_Hawkes-King_C.pdf-expected of teachers as set out in the School’s child protection and safeguarding policy ./Web_decision_-_Hawkes-King_C.pdf-and the internet safety policy. The panel further noted from the Report that Mr Hawkes- ./Web_decision_-_Hawkes-King_C.pdf-King’s behaviour represented gross misconduct as defined in the School’s discipline ./Web_decision_-_Hawkes-King_C.pdf-policy, specifically “conduct at work likely to offend decency, including improper ./Web_decision_-_Hawkes-King_C.pdf-relationship with students”. Even if Pupil A was aged over 18 at the time of the physical ./Web_decision_-_Hawkes-King_C.pdf:sexual activity, Pupil A was still a pupil of the School and the panel considered Mr ./Web_decision_-_Hawkes-King_C.pdf-Hawkes-King had crossed the boundaries of an appropriate pupil teacher relationship. ./Web_decision_-_Hawkes-King_C.pdf- ./Web_decision_-_Hawkes-King_C.pdf-The panel has also considered whether Mr Hawkes-King’s conduct displayed behaviours ./Web_decision_-_Hawkes-King_C.pdf-associated with any of the offences listed on pages 8 and 9 of the Advice. The panel has ./Web_decision_-_Hawkes-King_C.pdf:found that the offence of sexual activity is relevant. The Advice indicates that where ./Web_decision_-_Hawkes-King_C.pdf-behaviours associated with such an offence exist, a panel is likely to conclude that an ./Web_decision_-_Hawkes-King_C.pdf-individual’s conduct would amount to unacceptable professional conduct. ./Web_decision_-_Hawkes-King_C.pdf- ./Web_decision_-_Hawkes-King_C.pdf-I have to determine whether the imposition of a prohibition order is proportionate and in ./Web_decision_-_Hawkes-King_C.pdf-the public interest. In considering that for this case I have considered the overall aim of a ./Web_decision_-_Hawkes-King_C.pdf-prohibition order which is to protect pupils and to maintain public confidence in the ./Web_decision_-_Hawkes-King_C.pdf-profession. I have considered the extent to which a prohibition order in this case would ./Web_decision_-_Hawkes-King_C.pdf- ./Web_decision_-_Hawkes-King_C.pdf- 13 ./Web_decision_-_Hawkes-King_C.pdf- -- ./Web_decision_-_Hawkes-King_C.pdf-In my judgement the lack of insight means that there is some risk of the repetition of this ./Web_decision_-_Hawkes-King_C.pdf-behaviour and this risks future pupils’ well-being. I have therefore given this element ./Web_decision_-_Hawkes-King_C.pdf-considerable weight in reaching my decision. ./Web_decision_-_Hawkes-King_C.pdf- ./Web_decision_-_Hawkes-King_C.pdf-I have gone on to consider the extent to which a prohibition order would maintain public ./Web_decision_-_Hawkes-King_C.pdf-confidence in the profession. The panel observe, “.public confidence in the profession ./Web_decision_-_Hawkes-King_C.pdf-could be seriously weakened if conduct such as that found against Mr Hawkes-King were ./Web_decision_-_Hawkes-King_C.pdf-not treated with the utmost seriousness when regulating the conduct of the profession.” ./Web_decision_-_Hawkes-King_C.pdf- ./Web_decision_-_Hawkes-King_C.pdf-I am particularly mindful of the serious nature of the findings in this case which include ./Web_decision_-_Hawkes-King_C.pdf:sexual misconduct and the impact that such a finding has on the reputation of the ./Web_decision_-_Hawkes-King_C.pdf-profession. ./Web_decision_-_Hawkes-King_C.pdf- ./Web_decision_-_Hawkes-King_C.pdf-I have had to consider that the public has a high expectation of professional standards of ./Web_decision_-_Hawkes-King_C.pdf-all teachers and that failure to impose a prohibition order might be regarded by the public ./Web_decision_-_Hawkes-King_C.pdf-as a failure to uphold those high standards. In weighing these considerations I have had ./Web_decision_-_Hawkes-King_C.pdf-to consider the matter from the point of view of an “ordinary intelligent and well-informed ./Web_decision_-_Hawkes-King_C.pdf-citizen.” ./Web_decision_-_Hawkes-King_C.pdf- ./Web_decision_-_Hawkes-King_C.pdf-I have considered whether the publication of a finding of unacceptable professional ./Web_decision_-_Hawkes-King_C.pdf-conduct, in the absence of a prohibition order, can itself be regarded by such a person as ./Web_decision_-_Hawkes-King_C.pdf-being a proportionate response to the misconduct that has been found proven in this ./Web_decision_-_Hawkes-King_C.pdf-case. ./Web_decision_-_Hawkes-King_C.pdf- ./Web_decision_-_Hawkes-King_C.pdf-I have also considered the impact of a prohibition order on Mr Hawkes-King himself. The ./Web_decision_-_Hawkes-King_C.pdf-panel had no evidence before it concerning Mr Hawkes-King’s character. In this case ./Web_decision_-_Hawkes-King_C.pdf:however the seriousness of the sexual misconduct is such that it is in the public interest ./Web_decision_-_Hawkes-King_C.pdf-for a prohibition order to be imposed, even though that will impact on Mr Hawkes-King. ./Web_decision_-_Hawkes-King_C.pdf- ./Web_decision_-_Hawkes-King_C.pdf- ./Web_decision_-_Hawkes-King_C.pdf- 14 ./Web_decision_-_Hawkes-King_C.pdf- -- ./Web_decision_-_Hawkes-King_C.pdf-In this case I have placed considerable weight on the panel’s comments concerning the ./Web_decision_-_Hawkes-King_C.pdf-lack of insight. ./Web_decision_-_Hawkes-King_C.pdf- ./Web_decision_-_Hawkes-King_C.pdf-I have also placed considerable weight on the finding of the panel that Mr Hawkes-King, ./Web_decision_-_Hawkes-King_C.pdf:“should not have subjected a pupil to sexually explicit messages or pictures and should ./Web_decision_-_Hawkes-King_C.pdf:not have engaged in intimacy or undertaken sexual activity with a pupil.” ./Web_decision_-_Hawkes-King_C.pdf- ./Web_decision_-_Hawkes-King_C.pdf-I have given less weight in my consideration of sanction to the contribution that Mr ./Web_decision_-_Hawkes-King_C.pdf-Hawkes-King has made to the profession. ./Web_decision_-_Hawkes-King_C.pdf- ./Web_decision_-_Hawkes-King_C.pdf-In my view it is necessary to impose a prohibition order in order to maintain public ./Web_decision_-_Hawkes-King_C.pdf-confidence in the profession. A published decision does not in my view satisfy the public ./Web_decision_-_Hawkes-King_C.pdf-interest requirement concerning public confidence in the profession. ./Web_decision_-_Hawkes-King_C.pdf- ./Web_decision_-_Hawkes-King_C.pdf-For all of these reasons I have concluded that a prohibition order is proportionate and in ./Web_decision_-_Hawkes-King_C.pdf-the public interest in order to achieve the aims which a prohibition order is intended to ./Web_decision_-_Hawkes-King_C.pdf-achieve. ./Web_decision_-_Hawkes-King_C.pdf- ./Web_decision_-_Hawkes-King_C.pdf-I have gone on to consider the matter of a review period. In this case the panel has ./Web_decision_-_Hawkes-King_C.pdf-recommended that there should be no provision for a review period. ./Web_decision_-_Hawkes-King_C.pdf- ./Web_decision_-_Hawkes-King_C.pdf-I have considered the advice published by the Secretary of State. Mr Hawkes-King ./Web_decision_-_Hawkes-King_C.pdf:behaviour was sexually motivated towards Pupil A and it resulted in him undertaking ./Web_decision_-_Hawkes-King_C.pdf:sexual activity with Pupil A whilst she was a pupil of the School. ./Web_decision_-_Hawkes-King_C.pdf- ./Web_decision_-_Hawkes-King_C.pdf-I believe that a prohibition order with no provision for a review period is proportionate to ./Web_decision_-_Hawkes-King_C.pdf-achieve the aim of maintaining public confidence in the profession and to protect pupils. ./Web_decision_-_Hawkes-King_C.pdf- ./Web_decision_-_Hawkes-King_C.pdf-This means that Mr Christopher Hawkes-King is prohibited from teaching ./Web_decision_-_Hawkes-King_C.pdf-indefinitely and cannot teach in any school, sixth form college, relevant youth ./Web_decision_-_Hawkes-King_C.pdf-accommodation or children’s home in England. Furthermore, in view of the ./Web_decision_-_Hawkes-King_C.pdf-seriousness of the allegations found proved against him, I have decided that Mr ./Web_decision_-_Hawkes-King_C.pdf-Christopher Hawkes-King shall not be entitled to apply for restoration of his eligibility to ./Web_decision_-_Hawkes-King_C.pdf-teach. ./Web_Decision_-_Hewes__Mark.pdf- ./Web_Decision_-_Hewes__Mark.pdf- i. Cleavage; ./Web_Decision_-_Hewes__Mark.pdf- ./Web_Decision_-_Hewes__Mark.pdf- ii. Boobs; ./Web_Decision_-_Hewes__Mark.pdf- ./Web_Decision_-_Hewes__Mark.pdf- iii. As in a friend whose willy you touch? ./Web_Decision_-_Hewes__Mark.pdf- ./Web_Decision_-_Hewes__Mark.pdf- iv. Not sure that was for me love! Way too many clothes if it was [emotive ./Web_Decision_-_Hewes__Mark.pdf- icon]; ./Web_Decision_-_Hewes__Mark.pdf- ./Web_Decision_-_Hewes__Mark.pdf: 3. His actions in relation to allegation 1 and/ or 2 above were sexually motivated. ./Web_Decision_-_Hewes__Mark.pdf- ./Web_Decision_-_Hewes__Mark.pdf-In the statement of agreed and disputed facts, Mr Hewes admits the facts of allegations 1 ./Web_Decision_-_Hewes__Mark.pdf-and 2, however he denies allegation 3. He also denies that such conduct amounted to ./Web_Decision_-_Hewes__Mark.pdf-unacceptable professional conduct and/or conduct that may bring the profession into ./Web_Decision_-_Hewes__Mark.pdf-disrepute. Therefore, these allegations are taken to not have been admitted, as a whole, ./Web_Decision_-_Hewes__Mark.pdf-and this case is proceeding as a disputed case. ./Web_Decision_-_Hewes__Mark.pdf- ./Web_Decision_-_Hewes__Mark.pdf- ./Web_Decision_-_Hewes__Mark.pdf-C. Preliminary applications ./Web_Decision_-_Hewes__Mark.pdf-Proceeding in absence -- ./Web_Decision_-_Hewes__Mark.pdf-allegations 2i, 2ii, 2iii and 2iv was included by Mr Hewes in those messages, which Pupil ./Web_Decision_-_Hewes__Mark.pdf-A confirmed, were sent via iMessaging and Whatsapp. ./Web_Decision_-_Hewes__Mark.pdf- ./Web_Decision_-_Hewes__Mark.pdf-In addition, the panel noted from his written representations to the National College that ./Web_Decision_-_Hewes__Mark.pdf-Mr Hewes stated that he took responsibility for the over-familiar and unprofessional ./Web_Decision_-_Hewes__Mark.pdf-language used in communications with Pupil A and he further stated that this would not ./Web_Decision_-_Hewes__Mark.pdf-have happened had he known that Pupil A was still a pupil at the College. ./Web_Decision_-_Hewes__Mark.pdf- ./Web_Decision_-_Hewes__Mark.pdf-This allegation is found proven. ./Web_Decision_-_Hewes__Mark.pdf- ./Web_Decision_-_Hewes__Mark.pdf: 3. His actions in relation to allegation 1 and/ or 2 above were sexually ./Web_Decision_-_Hewes__Mark.pdf- motivated. ./Web_Decision_-_Hewes__Mark.pdf- ./Web_Decision_-_Hewes__Mark.pdf-This allegation is not admitted by Mr Hewes. ./Web_Decision_-_Hewes__Mark.pdf- ./Web_Decision_-_Hewes__Mark.pdf-The panel was advised by the legal advisor that the first question the panel needs to ask ./Web_Decision_-_Hewes__Mark.pdf-itself is whether a reasonable person would think the facts found proven against Mr ./Web_Decision_-_Hewes__Mark.pdf:Hewes could be sexually motivated i.e. an objective test. If so, the panel would then need ./Web_Decision_-_Hewes__Mark.pdf-to go on to ask itself a second question: whether, in all the circumstances of the conduct ./Web_Decision_-_Hewes__Mark.pdf:in the case, Mr Hewes’ purpose towards Pupil A was sexually motivated, i.e. the ./Web_Decision_-_Hewes__Mark.pdf-subjective test. ./Web_Decision_-_Hewes__Mark.pdf- ./Web_Decision_-_Hewes__Mark.pdf-In his written representations to the National College Mr Hewes states that his language ./Web_Decision_-_Hewes__Mark.pdf-in his communications with Pupil A was over-familiar and he appreciates these messages ./Web_Decision_-_Hewes__Mark.pdf-were supposed to be humorous and that, “out of context”, could be misread as ./Web_Decision_-_Hewes__Mark.pdf-“something altogether different”. This was not his intention and whilst he was Pupil A’s ./Web_Decision_-_Hewes__Mark.pdf-teacher and pastoral mentor during her time in the College’s sixth form, her well-being ./Web_Decision_-_Hewes__Mark.pdf-was of paramount importance to him. Mr Hewes explains his motives were “purely” to ./Web_Decision_-_Hewes__Mark.pdf-provide an “avenue of contact” at a time when Pupil A felt unsure of her future and he ./Web_Decision_-_Hewes__Mark.pdf-wished to be a positive and reliable connection to (what he thought was) a former pupil ./Web_Decision_-_Hewes__Mark.pdf-who still required support before taking the next step in her academic career. ./Web_Decision_-_Hewes__Mark.pdf- ./Web_Decision_-_Hewes__Mark.pdf:In her opening statement, the presenting officer submitted there is much sexual innuendo ./Web_Decision_-_Hewes__Mark.pdf-included in the text messages Mr Hewes sent to Pupil A. ./Web_Decision_-_Hewes__Mark.pdf- ./Web_Decision_-_Hewes__Mark.pdf- ./Web_Decision_-_Hewes__Mark.pdf- 12 ./Web_Decision_-_Hewes__Mark.pdf- -- ./Web_Decision_-_Hewes__Mark.pdf- ./Web_Decision_-_Hewes__Mark.pdf-When questioned by the panel, Pupil A’s oral evidence was that she found such words ./Web_Decision_-_Hewes__Mark.pdf-and phrases as “boobs”, “cleavage” and “As in friend whose willy you touch?” and other ./Web_Decision_-_Hewes__Mark.pdf-references inappropriate in the text messages Mr Hewes sent to her. The messages ./Web_Decision_-_Hewes__Mark.pdf-made her feel uncomfortable. In a text message that Pupil A sent to Witness A, included ./Web_Decision_-_Hewes__Mark.pdf-in the bundle, Pupil A stated she was made to feel “emotionally blackmailed” by Mr ./Web_Decision_-_Hewes__Mark.pdf-Hewes. However, she did not consider that Mr Hewes had any adverse motive behind ./Web_Decision_-_Hewes__Mark.pdf-these messages. She considered that Mr Hewes misconstrued the friendliness of the ./Web_Decision_-_Hewes__Mark.pdf-relationship that they had. ./Web_Decision_-_Hewes__Mark.pdf- ./Web_Decision_-_Hewes__Mark.pdf:The presenting officer submitted that the sexual innuendo in the messages between ./Web_Decision_-_Hewes__Mark.pdf-himself and Pupil A were always initiated by Mr Hewes and drew the panel’s attention to ./Web_Decision_-_Hewes__Mark.pdf:the pattern of text messages, which increase in sexual innuendo through the months. ./Web_Decision_-_Hewes__Mark.pdf- ./Web_Decision_-_Hewes__Mark.pdf-The panel considered that a reasonable person would believe that the conduct found ./Web_Decision_-_Hewes__Mark.pdf:proven in relation to allegations 1 and 2 was sexually motivated, particularly the ./Web_Decision_-_Hewes__Mark.pdf-references in messages to “willy”, “boobs” and “cleavage” and the panel therefore ./Web_Decision_-_Hewes__Mark.pdf-considered the objective test was met. ./Web_Decision_-_Hewes__Mark.pdf- ./Web_Decision_-_Hewes__Mark.pdf-In addition, the panel considered that subjectively Mr Hewes must have and did realise ./Web_Decision_-_Hewes__Mark.pdf:that the purpose behind the language he used in his text messages was sexual. The ./Web_Decision_-_Hewes__Mark.pdf-message referred to in allegation 2iv, which was sent in August 2014, “Not sure that was ./Web_Decision_-_Hewes__Mark.pdf-for me love! Way too many clothes if it was” was particularly relevant. Pupil A’s statement ./Web_Decision_-_Hewes__Mark.pdf-said that Mr Hewes’ response to her informing him that she had reported the text ./Web_Decision_-_Hewes__Mark.pdf-messages to the College was “after all the help I’ve given you”. The panel found such a ./Web_Decision_-_Hewes__Mark.pdf-response suggests that he knew that what he had done was wrong. ./Web_Decision_-_Hewes__Mark.pdf- ./Web_Decision_-_Hewes__Mark.pdf-Having found allegations 1 and 2 proven, the panel also found that the subjective test ./Web_Decision_-_Hewes__Mark.pdf-was met. Therefore this allegation is proven. ./Web_Decision_-_Hewes__Mark.pdf- ./Web_Decision_-_Hewes__Mark.pdf-Findings as to unacceptable professional conduct and/or conduct that -- ./Web_Decision_-_Hewes__Mark.pdf-The presenting officer submitted that the proximity between the text messages and the ./Web_Decision_-_Hewes__Mark.pdf-time at which Pupil A was on the College’s admission roll shows a clear breakdown of the ./Web_Decision_-_Hewes__Mark.pdf-appropriate boundaries of a pupil/teacher relationship. The panel noted that Mr Hewes ./Web_Decision_-_Hewes__Mark.pdf-stated in his written representations that he believed that Pupil A was not a pupil at the ./Web_Decision_-_Hewes__Mark.pdf-time that he was sending messages to her. However, the panel found Witness A and ./Web_Decision_-_Hewes__Mark.pdf-Pupil A’s oral evidence more credible and there was no doubt that Pupil A was still ./Web_Decision_-_Hewes__Mark.pdf-enrolled at the College. ./Web_Decision_-_Hewes__Mark.pdf- ./Web_Decision_-_Hewes__Mark.pdf-The presenting officer submitted that the College considered Pupil A to be vulnerable and ./Web_Decision_-_Hewes__Mark.pdf-all teachers at the College, including Mr Hewes, were aware of this, and yet he sent ./Web_Decision_-_Hewes__Mark.pdf:messages which contained language of a sexual nature and had sexual innuendo. The ./Web_Decision_-_Hewes__Mark.pdf-presenting officer further submitted this breached the position of trust that Mr Hewes was ./Web_Decision_-_Hewes__Mark.pdf-placed in as a teacher. ./Web_Decision_-_Hewes__Mark.pdf- ./Web_Decision_-_Hewes__Mark.pdf-The panel has also considered whether Mr Hewes’ conduct displayed behaviours ./Web_Decision_-_Hewes__Mark.pdf-associated with any of the offences listed on pages 8 and 9 of the Advice and the panel ./Web_Decision_-_Hewes__Mark.pdf-has found that none of these offences are relevant. ./Web_Decision_-_Hewes__Mark.pdf- ./Web_Decision_-_Hewes__Mark.pdf-The presenting officer submitted that the College’s Code of Conduct provided clear ./Web_Decision_-_Hewes__Mark.pdf-guidance that it would be an abuse of the professional relationship for any member of ./Web_Decision_-_Hewes__Mark.pdf-staff to enter into an improper association with a student. -- ./Web_Decision_-_Hewes__Mark.pdf-In carrying out the balancing exercise the panel has considered the public interest ./Web_Decision_-_Hewes__Mark.pdf-considerations both in favour of and against prohibition as well as the interests Mr ./Web_Decision_-_Hewes__Mark.pdf-Hewes. The panel took further account of the Advice, which suggests that a prohibition ./Web_Decision_-_Hewes__Mark.pdf-order may be appropriate if certain behaviours of a teacher have been proven. In the list ./Web_Decision_-_Hewes__Mark.pdf-of such behaviours, those that are relevant in this case are: ./Web_Decision_-_Hewes__Mark.pdf- ./Web_Decision_-_Hewes__Mark.pdf-  serious departure from the personal and professional conduct elements of the ./Web_Decision_-_Hewes__Mark.pdf- Teachers’ Standards; ./Web_Decision_-_Hewes__Mark.pdf-  abuse of position or trust (particularly involving vulnerable pupils) or violation of the ./Web_Decision_-_Hewes__Mark.pdf- rights of pupils; ./Web_Decision_-_Hewes__Mark.pdf:  sexual misconduct, e.g. involving actions that were sexually motivated or of a ./Web_Decision_-_Hewes__Mark.pdf: sexual nature and/or that use or exploit the trust, knowledge or influence derived ./Web_Decision_-_Hewes__Mark.pdf- from the individual’s professional position; ./Web_Decision_-_Hewes__Mark.pdf-Even though there were behaviours that would point to a prohibition order being ./Web_Decision_-_Hewes__Mark.pdf-appropriate, the panel went on to consider whether or not there were sufficient mitigating ./Web_Decision_-_Hewes__Mark.pdf-factors to render a prohibition order being an inappropriate and disproportionate measure ./Web_Decision_-_Hewes__Mark.pdf-to impose, particularly taking into account the nature and severity of the behaviour in this ./Web_Decision_-_Hewes__Mark.pdf-case. ./Web_Decision_-_Hewes__Mark.pdf- ./Web_Decision_-_Hewes__Mark.pdf-There was no evidence before the panel that Mr Hewes’ actions were anything other than ./Web_Decision_-_Hewes__Mark.pdf-deliberate nor that he was acting under any duress. The panel consider that Mr Hewes ./Web_Decision_-_Hewes__Mark.pdf-was of previous good history as the presenting officer submitted there was no evidence -- ./Web_Decision_-_Hewes__Mark.pdf-prohibition order should be imposed with immediate effect. ./Web_Decision_-_Hewes__Mark.pdf- ./Web_Decision_-_Hewes__Mark.pdf-The panel went on to consider whether or not it would be appropriate for it to decide to ./Web_Decision_-_Hewes__Mark.pdf-recommend that a review period of the order should be considered. The panel was ./Web_Decision_-_Hewes__Mark.pdf-mindful that the Advice states that a prohibition order applies for life, but there may be ./Web_Decision_-_Hewes__Mark.pdf-circumstances in any given case that may make it appropriate to allow a teacher to apply ./Web_Decision_-_Hewes__Mark.pdf-to have the prohibition order reviewed after a specified period of time that may not be ./Web_Decision_-_Hewes__Mark.pdf-less than 2 years. ./Web_Decision_-_Hewes__Mark.pdf- ./Web_Decision_-_Hewes__Mark.pdf-The Advice indicates that there are behaviours that, if proven, would militate against a ./Web_Decision_-_Hewes__Mark.pdf:review period being recommended. The panel considered whether serious sexual ./Web_Decision_-_Hewes__Mark.pdf:misconduct, e.g. where the act was sexually motivated and resulted in or had the ./Web_Decision_-_Hewes__Mark.pdf-potential to result in, harm to a person or persons, particularly where the individual has ./Web_Decision_-_Hewes__Mark.pdf-used their professional position to influence or exploit a person or persons, was relevant. ./Web_Decision_-_Hewes__Mark.pdf:Even though the panel has found that Mr Hewes’ behaviour was sexually motivated, the ./Web_Decision_-_Hewes__Mark.pdf-panel considered that the nature of his text messages did not result and did not have the ./Web_Decision_-_Hewes__Mark.pdf-potential to harm Pupil A, as Pupil A’s oral evidence was that she was not affected by ./Web_Decision_-_Hewes__Mark.pdf-these incidents. The panel found Pupil A’s honesty and demeanour whilst giving oral ./Web_Decision_-_Hewes__Mark.pdf-evidence to be persuasive and thus satisfied the panel that she had sustained no lasting ./Web_Decision_-_Hewes__Mark.pdf-damage from these events. The panel regarded Mr Hewes behaviour as a serious ./Web_Decision_-_Hewes__Mark.pdf:misjudgement, but it was not satisfied that his behaviour amounted to serious sexual ./Web_Decision_-_Hewes__Mark.pdf-misconduct. Therefore the panel went on to further consider whether it would be ./Web_Decision_-_Hewes__Mark.pdf-appropriate to recommend a review period. ./Web_Decision_-_Hewes__Mark.pdf- ./Web_Decision_-_Hewes__Mark.pdf-In his written representations to the National College, Mr Hewes expressed distress at ./Web_Decision_-_Hewes__Mark.pdf-the knowledge that his comments in communications with Pupil A caused her offence. In ./Web_Decision_-_Hewes__Mark.pdf-her closing submissions, the presenting officer stated that Witness A’s oral evidence was ./Web_Decision_-_Hewes__Mark.pdf-that when Witness A asked him about the text messages between him and Pupil A, he ./Web_Decision_-_Hewes__Mark.pdf-denied that the text messages were sent by him. The presenting officer submitted that ./Web_Decision_-_Hewes__Mark.pdf-this demonstrates a lack of insight. ./Web_Decision_-_Hewes__Mark.pdf- -- ./Web_Decision_-_Hewes__Mark.pdf- own attendance and punctuality. ./Web_Decision_-_Hewes__Mark.pdf-The panel also took into account the Advice published by the Secretary of State, which ./Web_Decision_-_Hewes__Mark.pdf-suggests that a prohibition order may be appropriate if certain behaviours of a teacher ./Web_Decision_-_Hewes__Mark.pdf-have been proven. In the list of such behaviours, those that the panel found to be ./Web_Decision_-_Hewes__Mark.pdf-relevant in this case are: ./Web_Decision_-_Hewes__Mark.pdf- ./Web_Decision_-_Hewes__Mark.pdf-  serious departure from the personal and professional conduct elements of the ./Web_Decision_-_Hewes__Mark.pdf- Teachers’ Standards; ./Web_Decision_-_Hewes__Mark.pdf-  abuse of position or trust (particularly involving vulnerable pupils) or violation of the ./Web_Decision_-_Hewes__Mark.pdf- rights of pupils; ./Web_Decision_-_Hewes__Mark.pdf:  sexual misconduct, e.g. involving actions that were sexually motivated or of a ./Web_Decision_-_Hewes__Mark.pdf: sexual nature and/or that use or exploit the trust, knowledge or influence derived ./Web_Decision_-_Hewes__Mark.pdf- from the individual’s professional position; ./Web_Decision_-_Hewes__Mark.pdf-I have taken into account the recommendation made by the panel. I have also taken into ./Web_Decision_-_Hewes__Mark.pdf-account the guidance published by the Secretary of State. I have taken into account the ./Web_Decision_-_Hewes__Mark.pdf-need to balance the interests of the public with those of Mr Hewes. I have also taken into ./Web_Decision_-_Hewes__Mark.pdf-account the need to be proportionate. ./Web_Decision_-_Hewes__Mark.pdf- ./Web_Decision_-_Hewes__Mark.pdf-In my judgement the panel’s recommendation is the right one. Mr Hewes’s behaviour is ./Web_Decision_-_Hewes__Mark.pdf-such that a prohibition order is appropriate and proportionate. ./Web_Decision_-_Hewes__Mark.pdf- ./Web_Decision_-_Hewes__Mark.pdf- ./Web_decision_-_John_Mitchell.pdf- ./Web_decision_-_John_Mitchell.pdf-B. Allegations ./Web_decision_-_John_Mitchell.pdf-The panel considered the allegations set out in the Notice of Proceedings dated 2 ./Web_decision_-_John_Mitchell.pdf-October 2015. ./Web_decision_-_John_Mitchell.pdf- ./Web_decision_-_John_Mitchell.pdf-It was alleged that Mr John Mitchell was guilty of unacceptable professional conduct ./Web_decision_-_John_Mitchell.pdf-and/or conduct that may bring the profession into disrepute, in that he: ./Web_decision_-_John_Mitchell.pdf- ./Web_decision_-_John_Mitchell.pdf-1. On 16 February 2015, received a caution from Derbyshire Constabulary for ./Web_decision_-_John_Mitchell.pdf- abuse of a position of trust contrary to s.16(1)(a) of the Sexual Offences Act ./Web_decision_-_John_Mitchell.pdf: 2003; namely that on 6 December 2014, he engaged in sexual activity with ./Web_decision_-_John_Mitchell.pdf- ./Web_decision_-_John_Mitchell.pdf- ./Web_decision_-_John_Mitchell.pdf- ./Web_decision_-_John_Mitchell.pdf- 3 ./Web_decision_-_John_Mitchell.pdf- -- ./Web_decision_-_John_Mitchell.pdf- Pupil A, a female between the age of 13 and 17 and he did not believe that ./Web_decision_-_John_Mitchell.pdf- she was 18 or over; ./Web_decision_-_John_Mitchell.pdf- ./Web_decision_-_John_Mitchell.pdf:2. On the 6 December 2014, he made inappropriate comments of a sexual ./Web_decision_-_John_Mitchell.pdf- nature to Pupil A; ./Web_decision_-_John_Mitchell.pdf- ./Web_decision_-_John_Mitchell.pdf-3. On the 8 December 2014, he sent inappropriate Facebook communications ./Web_decision_-_John_Mitchell.pdf- to Pupil A; ./Web_decision_-_John_Mitchell.pdf- ./Web_decision_-_John_Mitchell.pdf:4. His actions in relation to paragraphs 2 and/or 3 above were sexually ./Web_decision_-_John_Mitchell.pdf- motivated. ./Web_decision_-_John_Mitchell.pdf- ./Web_decision_-_John_Mitchell.pdf-Mr Mitchell admitted allegation 1. He further admitted that such behaviour amounted to ./Web_decision_-_John_Mitchell.pdf-unacceptable professional conduct and conduct likely to bring the profession into ./Web_decision_-_John_Mitchell.pdf-disrepute. ./Web_decision_-_John_Mitchell.pdf- ./Web_decision_-_John_Mitchell.pdf-Allegation 2 was denied. ./Web_decision_-_John_Mitchell.pdf- ./Web_decision_-_John_Mitchell.pdf-Allegation 3 was admitted. ./Web_decision_-_John_Mitchell.pdf- -- ./Web_decision_-_John_Mitchell.pdf-In 2008, Mr Mitchell commenced employment at Repton School ("Repton" or "the ./Web_decision_-_John_Mitchell.pdf-school"). He taught physics and subsequently became head of department. ./Web_decision_-_John_Mitchell.pdf- ./Web_decision_-_John_Mitchell.pdf-Repton School is an independent co-educational school for pupils aged 13 to 18 years. ./Web_decision_-_John_Mitchell.pdf- ./Web_decision_-_John_Mitchell.pdf-In December 2014, Mr Mitchell was responsible with other staff for organising a "social" ./Web_decision_-_John_Mitchell.pdf-which was a ball for the senior pupils held at the school on 6 December 2014. ./Web_decision_-_John_Mitchell.pdf- ./Web_decision_-_John_Mitchell.pdf-It is alleged that, after the social had ended, and in the course of cleaning up, Mr Mitchell ./Web_decision_-_John_Mitchell.pdf-touched Pupil A inappropriately on two separate occasions and that such contact was of ./Web_decision_-_John_Mitchell.pdf:a sexual nature. On the same evening, he also made inappropriate remarks to Pupil A. ./Web_decision_-_John_Mitchell.pdf-Two days later, it is alleged that Mr Mitchell communicated with her via Facebook when it ./Web_decision_-_John_Mitchell.pdf-was not permitted for teachers to do so and that the content of the communications was ./Web_decision_-_John_Mitchell.pdf-inappropriate. ./Web_decision_-_John_Mitchell.pdf- ./Web_decision_-_John_Mitchell.pdf-Following an investigation by the Police, on 16 February 2015, Mr Mitchell agreed to a ./Web_decision_-_John_Mitchell.pdf-simple caution for an offence contrary to section 16(1)(a) of the Sexual Offences Act ./Web_decision_-_John_Mitchell.pdf-2003 in relation to the inappropriate physical contact between him and Pupil A on 6 ./Web_decision_-_John_Mitchell.pdf-December 2014. ./Web_decision_-_John_Mitchell.pdf- ./Web_decision_-_John_Mitchell.pdf-On 18 February 2015, Mr Mitchell resigned from his post at Repton School. -- ./Web_decision_-_John_Mitchell.pdf-Findings of fact ./Web_decision_-_John_Mitchell.pdf-Our findings of fact are as follows: ./Web_decision_-_John_Mitchell.pdf- ./Web_decision_-_John_Mitchell.pdf-We have found the following particulars of the allegations against you proven, for these ./Web_decision_-_John_Mitchell.pdf-reasons: ./Web_decision_-_John_Mitchell.pdf- ./Web_decision_-_John_Mitchell.pdf-1. On 16 February 2015, you received a caution from Derbyshire Constabulary ./Web_decision_-_John_Mitchell.pdf- for abuse of a position of trust contrary to s.16(1)(a) of the Sexual Offences ./Web_decision_-_John_Mitchell.pdf: Act 2003; namely that on 6 December 2014, you engaged in sexual activity ./Web_decision_-_John_Mitchell.pdf- with Pupil A, a female between the age of 13 and 17 and you did not believe ./Web_decision_-_John_Mitchell.pdf- that she was 18 or over; ./Web_decision_-_John_Mitchell.pdf- ./Web_decision_-_John_Mitchell.pdf- This particular was admitted by Mr Mitchell and the panel found it proven. ./Web_decision_-_John_Mitchell.pdf- ./Web_decision_-_John_Mitchell.pdf: Even though the two incidents of sexual activity giving rise to the caution were ./Web_decision_-_John_Mitchell.pdf- admitted, there was a dispute between the evidence of Mr Mitchell and Pupil A ./Web_decision_-_John_Mitchell.pdf- with regard to the nature and circumstances of the physical contact between them. ./Web_decision_-_John_Mitchell.pdf- ./Web_decision_-_John_Mitchell.pdf- Pupil A stated that, at the end of the evening, there were lights in the kitchen ./Web_decision_-_John_Mitchell.pdf- which were still on and she asked Mr Mitchell whether she should switch them off. ./Web_decision_-_John_Mitchell.pdf- Both of them went down to the kitchen and Pupil A stated that it was when they ./Web_decision_-_John_Mitchell.pdf- were in the kitchen that Mr Mitchell placed his hand on Pupil A's bottom and left it ./Web_decision_-_John_Mitchell.pdf- there for perhaps up to five seconds. ./Web_decision_-_John_Mitchell.pdf- ./Web_decision_-_John_Mitchell.pdf- Mr Mitchell indicated that it was as they were walking up the steps from the kitchen ./Web_decision_-_John_Mitchell.pdf- that he placed his hand on Pupil A's bottom. He confirmed that it was ./Web_decision_-_John_Mitchell.pdf: inappropriate and that it was a sexual act. ./Web_decision_-_John_Mitchell.pdf- ./Web_decision_-_John_Mitchell.pdf- The panel wished to emphasise that it had been impressed with the evidence from ./Web_decision_-_John_Mitchell.pdf- Pupil A who had given evidence via Skype and that she had done her best to ./Web_decision_-_John_Mitchell.pdf- recollect the sequence of events which took place. ./Web_decision_-_John_Mitchell.pdf- ./Web_decision_-_John_Mitchell.pdf- However, on balance, in respect of this particular incident, the panel preferred the ./Web_decision_-_John_Mitchell.pdf- evidence of Mr Mitchell. Notwithstanding that, the panel concluded that touching ./Web_decision_-_John_Mitchell.pdf: Pupil A's bottom in this way was both inappropriate and a sexual act. ./Web_decision_-_John_Mitchell.pdf- ./Web_decision_-_John_Mitchell.pdf- As for the second incident of inappropriate contact, this occurred shortly after the ./Web_decision_-_John_Mitchell.pdf- incident in the kitchen, when Mr Mitchell was driving his car. Pupil A was the front ./Web_decision_-_John_Mitchell.pdf- seat passenger and the only other person in the car. According to Pupil A, as Mr ./Web_decision_-_John_Mitchell.pdf- Mitchell was driving, he placed his left hand on her right leg. Pupil A stated that he ./Web_decision_-_John_Mitchell.pdf- left his hand on her leg for some seconds and moved it up towards the hem of her ./Web_decision_-_John_Mitchell.pdf- dress and only removed it when he had to change gear. Pupil A stated that Mr ./Web_decision_-_John_Mitchell.pdf- Mitchell said, "do you find this weird?" to which she replied, "yes, because you are ./Web_decision_-_John_Mitchell.pdf- married and have four children, one in this school". ./Web_decision_-_John_Mitchell.pdf- -- ./Web_decision_-_John_Mitchell.pdf- what took place. Having accepted that he had acted entirely inappropriately by ./Web_decision_-_John_Mitchell.pdf- placing his hand on Pupil A's bottom, he then suggests that, relieved that Pupil A ./Web_decision_-_John_Mitchell.pdf- was not upset, he thanks her for her reassurance and places his hand on her ./Web_decision_-_John_Mitchell.pdf- knee. ./Web_decision_-_John_Mitchell.pdf- ./Web_decision_-_John_Mitchell.pdf- Pupil A was asked to confirm the accuracy of her account as set out in her ./Web_decision_-_John_Mitchell.pdf- statement. Again, the panel was impressed by the manner in which she gave her ./Web_decision_-_John_Mitchell.pdf- evidence and preferred her account of what took place in the car. ./Web_decision_-_John_Mitchell.pdf- ./Web_decision_-_John_Mitchell.pdf- Consequently, the panel concluded that Mr Mitchell touching Pupil A in this way ./Web_decision_-_John_Mitchell.pdf: was inappropriate and a sexual act. ./Web_decision_-_John_Mitchell.pdf- ./Web_decision_-_John_Mitchell.pdf- On this basis, the panel found particular 1 proven. ./Web_decision_-_John_Mitchell.pdf- ./Web_decision_-_John_Mitchell.pdf:2. On the 6 December 2014, you made inappropriate comments of a sexual ./Web_decision_-_John_Mitchell.pdf- nature to Pupil A; ./Web_decision_-_John_Mitchell.pdf- ./Web_decision_-_John_Mitchell.pdf- This allegation was denied. ./Web_decision_-_John_Mitchell.pdf- ./Web_decision_-_John_Mitchell.pdf- When in the car, Mr Mitchell intended to take the bottles of soft and alcoholic ./Web_decision_-_John_Mitchell.pdf- drinks to a storage shed. Pupil A, therefore, went with him. ./Web_decision_-_John_Mitchell.pdf- ./Web_decision_-_John_Mitchell.pdf- When Pupil A was bending over in order to pick up some of the drinks from the ./Web_decision_-_John_Mitchell.pdf- floor of the car to take them into the shed, according to Pupil A, Mr Mitchell stated, ./Web_decision_-_John_Mitchell.pdf- "You're not doing my blood pressure any good". There was a dispute as to what ./Web_decision_-_John_Mitchell.pdf- was said. Mr Mitchell stated that he said, "bloody hell, careful Pupil A, you'll give ./Web_decision_-_John_Mitchell.pdf- me a coronary". ./Web_decision_-_John_Mitchell.pdf- ./Web_decision_-_John_Mitchell.pdf- In this instance, the panel decided, on the balance of probabilities, that Mr ./Web_decision_-_John_Mitchell.pdf- Mitchell's recollection of what was said was more reliable. Ironically, the panel ./Web_decision_-_John_Mitchell.pdf- assessed the comment as remembered by Mr Mitchell to be the more serious. In ./Web_decision_-_John_Mitchell.pdf: any event, Pupil A took the remark to be sexually-related. ./Web_decision_-_John_Mitchell.pdf- ./Web_decision_-_John_Mitchell.pdf- ./Web_decision_-_John_Mitchell.pdf- ./Web_decision_-_John_Mitchell.pdf- ./Web_decision_-_John_Mitchell.pdf- 7 ./Web_decision_-_John_Mitchell.pdf- -- ./Web_decision_-_John_Mitchell.pdf- It was accepted by Mr Mitchell that what he had said was inappropriate but denied ./Web_decision_-_John_Mitchell.pdf: that the comment was to be interpreted as being of a sexual nature. ./Web_decision_-_John_Mitchell.pdf- ./Web_decision_-_John_Mitchell.pdf- Taking account of the events as outlined above in the findings under particular 1, ./Web_decision_-_John_Mitchell.pdf- the panel concluded that a proper inference to be drawn was that the comment ./Web_decision_-_John_Mitchell.pdf: was of a sexual nature. Furthermore, when cross-examined, whilst he had not ./Web_decision_-_John_Mitchell.pdf- meant the remark to be taken literally, Mr Mitchell conceded that it was related to ./Web_decision_-_John_Mitchell.pdf: his sexual feelings towards her. ./Web_decision_-_John_Mitchell.pdf- ./Web_decision_-_John_Mitchell.pdf- On this basis, the panel found this particular proven. ./Web_decision_-_John_Mitchell.pdf- ./Web_decision_-_John_Mitchell.pdf-We have found the following particulars of the allegations against you not proven, for ./Web_decision_-_John_Mitchell.pdf-these reasons: ./Web_decision_-_John_Mitchell.pdf- ./Web_decision_-_John_Mitchell.pdf-3. On the 8 December 2014, you sent inappropriate Facebook communications ./Web_decision_-_John_Mitchell.pdf- to Pupil A; ./Web_decision_-_John_Mitchell.pdf- ./Web_decision_-_John_Mitchell.pdf- This particular was admitted. -- ./Web_decision_-_John_Mitchell.pdf- On balance, and despite the admission of Mr Mitchell, the panel decided that this ./Web_decision_-_John_Mitchell.pdf- particular was not proved in that, taking account of the overall circumstances that ./Web_decision_-_John_Mitchell.pdf- existed at the time, the content of the Facebook communications sent to Pupil A ./Web_decision_-_John_Mitchell.pdf- was not inappropriate. ./Web_decision_-_John_Mitchell.pdf- ./Web_decision_-_John_Mitchell.pdf:4. Your actions in relation to paragraphs 2 and/or 3 above were sexually ./Web_decision_-_John_Mitchell.pdf- motivated. ./Web_decision_-_John_Mitchell.pdf- ./Web_decision_-_John_Mitchell.pdf- Taking account of its findings in respect of particular 3, the panel only considered ./Web_decision_-_John_Mitchell.pdf- this particular with reference to particular 2 above. ./Web_decision_-_John_Mitchell.pdf- ./Web_decision_-_John_Mitchell.pdf- The panel had listened carefully to the legal advice which had been given when ./Web_decision_-_John_Mitchell.pdf- considering whether or not the comment made by Mr Mitchell to Pupil A, namely, ./Web_decision_-_John_Mitchell.pdf: "bloody hell, careful Pupil A, you'll give me a coronary" was sexually motivated. ./Web_decision_-_John_Mitchell.pdf- ./Web_decision_-_John_Mitchell.pdf- The panel had taken into account all the circumstances it considered to be ./Web_decision_-_John_Mitchell.pdf- relevant in reaching its decision. In particular, it noted the fact that Mr Mitchell had ./Web_decision_-_John_Mitchell.pdf- been a teacher for a number of years and Witness B gave evidence that he was ./Web_decision_-_John_Mitchell.pdf- an excellent teacher, worked very hard, and was involved in a number of activities ./Web_decision_-_John_Mitchell.pdf- throughout the school to include acting as a tutor in a boarding house at the ./Web_decision_-_John_Mitchell.pdf- school. ./Web_decision_-_John_Mitchell.pdf- ./Web_decision_-_John_Mitchell.pdf- The panel also considered the event which occurred in September 2011. ./Web_decision_-_John_Mitchell.pdf: However, there was no suggestion that this event was sexually related. Its ./Web_decision_-_John_Mitchell.pdf- importance and its relevance were related to the informal written warning given Mr ./Web_decision_-_John_Mitchell.pdf- Mitchell that any, "intentional physical contact between a pupil and a member of ./Web_decision_-_John_Mitchell.pdf- staff is never appropriate, unless there is an issue of personal safety,…". ./Web_decision_-_John_Mitchell.pdf- ./Web_decision_-_John_Mitchell.pdf- The panel then reflected on Mr Mitchell's behaviour on 6 December 2014 in overall ./Web_decision_-_John_Mitchell.pdf- terms and its relevance to the panel's decision whether the remark he made was ./Web_decision_-_John_Mitchell.pdf: sexually motivated. ./Web_decision_-_John_Mitchell.pdf- ./Web_decision_-_John_Mitchell.pdf: The panel decided that, whilst the remark was inappropriate and of a sexual ./Web_decision_-_John_Mitchell.pdf- nature, it was more a question of a substantial lack of judgment as opposed to ./Web_decision_-_John_Mitchell.pdf- anything more sinister. On balance, therefore, the panel concluded that it was not ./Web_decision_-_John_Mitchell.pdf: sexually motivated. ./Web_decision_-_John_Mitchell.pdf- ./Web_decision_-_John_Mitchell.pdf- The panel therefore found this allegation not proven. ./Web_decision_-_John_Mitchell.pdf- ./Web_decision_-_John_Mitchell.pdf- ./Web_decision_-_John_Mitchell.pdf- ./Web_decision_-_John_Mitchell.pdf- ./Web_decision_-_John_Mitchell.pdf- 9 ./Web_decision_-_John_Mitchell.pdf- -- ./Web_decision_-_John_Mitchell.pdf- ./Web_decision_-_John_Mitchell.pdf-Panel’s recommendation to the Secretary of State ./Web_decision_-_John_Mitchell.pdf-The panel was satisfied that Mr Mitchell’s behaviour was incompatible with being a ./Web_decision_-_John_Mitchell.pdf-teacher and the panel relied on the following reasons: ./Web_decision_-_John_Mitchell.pdf- ./Web_decision_-_John_Mitchell.pdf- These were serious departures from the personal and professional conduct ./Web_decision_-_John_Mitchell.pdf- elements of the Teachers’ Standards as outlined above; ./Web_decision_-_John_Mitchell.pdf- It was a matter of good fortune that his conduct had not had a deleterious effect on ./Web_decision_-_John_Mitchell.pdf- Pupil A; ./Web_decision_-_John_Mitchell.pdf- This was deliberate behaviour which amounted to an abuse of his position of trust ./Web_decision_-_John_Mitchell.pdf: as a teacher involving sexual misconduct, namely actions on his part of a sexual ./Web_decision_-_John_Mitchell.pdf- nature; ./Web_decision_-_John_Mitchell.pdf- Such behaviour ran the risk of undermining pupils, the school and the profession; ./Web_decision_-_John_Mitchell.pdf- The actions of Mr Mitchell were deliberate and there was no suggestion that he ./Web_decision_-_John_Mitchell.pdf- had been acting under duress; ./Web_decision_-_John_Mitchell.pdf- What happened took place despite an informal warning being given to him in ./Web_decision_-_John_Mitchell.pdf- September 2011. ./Web_decision_-_John_Mitchell.pdf-In reaching its decision on the appropriate recommendations to make to the Secretary of ./Web_decision_-_John_Mitchell.pdf-State, the panel had taken into consideration the references submitted by Mr Mitchell ./Web_decision_-_John_Mitchell.pdf-which were supportive and relevant. ./Web_decision_-_John_Mitchell.pdf- -- ./Web_decision_-_John_Mitchell.pdf-it bore in mind that the reputation of the profession and the maintenance of the public’s ./Web_decision_-_John_Mitchell.pdf-trust in the profession was more important than the fortunes of any one individual ./Web_decision_-_John_Mitchell.pdf-member of the profession. This was the panel’s recommendation. ./Web_decision_-_John_Mitchell.pdf- ./Web_decision_-_John_Mitchell.pdf-The panel further considered whether to recommend that Mr Mitchell should be able to ./Web_decision_-_John_Mitchell.pdf-apply for the Prohibition Order to be set aside after a specified period or whether there ./Web_decision_-_John_Mitchell.pdf-should be no such provision. ./Web_decision_-_John_Mitchell.pdf- ./Web_decision_-_John_Mitchell.pdf-On balance, the panel recommended that Mr Mitchell should be entitled to apply for a ./Web_decision_-_John_Mitchell.pdf-review of the Prohibition Order after a period of two years has elapsed. Whilst any ./Web_decision_-_John_Mitchell.pdf:allegation involving sexual misconduct was serious, this was not a case where a physical ./Web_decision_-_John_Mitchell.pdf:sexual relationship had taken place. The conduct on the part of Mr Mitchell amounted to ./Web_decision_-_John_Mitchell.pdf-a gross error of judgment on one day. ./Web_decision_-_John_Mitchell.pdf- ./Web_decision_-_John_Mitchell.pdf- ./Web_decision_-_John_Mitchell.pdf- 11 ./Web_decision_-_John_Mitchell.pdf- -- ./Web_decision_-_John_Mitchell.pdf-teacher. The panel was satisfied that a prohibition order was necessary in order to: ./Web_decision_-_John_Mitchell.pdf-protect pupils; maintain public confidence in the profession and to declare and uphold ./Web_decision_-_John_Mitchell.pdf-proper standards of conduct. Having weighed the interests of the public against those of ./Web_decision_-_John_Mitchell.pdf-Mr Mitchell, the panel bore in mind that the reputation of the profession and the ./Web_decision_-_John_Mitchell.pdf-maintenance of the public’s trust in the profession was more important than the fortunes ./Web_decision_-_John_Mitchell.pdf-of any one individual member of the profession. I support the recommendation of the ./Web_decision_-_John_Mitchell.pdf-panel that Mr Mitchell be prohibited. I agree that this is both proportionate and ./Web_decision_-_John_Mitchell.pdf-appropriate. ./Web_decision_-_John_Mitchell.pdf- ./Web_decision_-_John_Mitchell.pdf-I have also considered the matter of a review period. Whilst any allegation involving ./Web_decision_-_John_Mitchell.pdf:sexual misconduct is serious, this was not a case where a physical sexual relationship ./Web_decision_-_John_Mitchell.pdf-had taken place. I agree with the panel that the conduct on the part of Mr Mitchell ./Web_decision_-_John_Mitchell.pdf-amounted to a gross error of judgment on one day. The panel considered that a period of ./Web_decision_-_John_Mitchell.pdf-two years was sufficient, and that it may also be sufficient for Mr Mitchell to demonstrate ./Web_decision_-_John_Mitchell.pdf- ./Web_decision_-_John_Mitchell.pdf- ./Web_decision_-_John_Mitchell.pdf- ./Web_decision_-_John_Mitchell.pdf- 12 ./Web_decision_-_John_Mitchell.pdf- ./Web_Decision_-_Kay__Martin.pdf- a. sent flirtatious messages; ./Web_Decision_-_Kay__Martin.pdf- ./Web_Decision_-_Kay__Martin.pdf- b. encouraged her to send him videos and/or photographs of her naked ./Web_Decision_-_Kay__Martin.pdf- breasts on one or more occasions; ./Web_Decision_-_Kay__Martin.pdf- ./Web_Decision_-_Kay__Martin.pdf- c. sent photographs of his genitalia on one or more occasions; ./Web_Decision_-_Kay__Martin.pdf- ./Web_Decision_-_Kay__Martin.pdf- d. sent videos and/or photographs of himself masturbating on one or more ./Web_Decision_-_Kay__Martin.pdf- occasions. ./Web_Decision_-_Kay__Martin.pdf- ./Web_Decision_-_Kay__Martin.pdf: 2. His actions as set out in paragraph 1 above were sexually motivated; ./Web_Decision_-_Kay__Martin.pdf- ./Web_Decision_-_Kay__Martin.pdf- 3. On or around 20 January 2014, after he was invited to attend an investigation ./Web_Decision_-_Kay__Martin.pdf- interview, he telephoned Student A and: ./Web_Decision_-_Kay__Martin.pdf- ./Web_Decision_-_Kay__Martin.pdf- a. discussed the deletion of the messages between him and Student A; ./Web_Decision_-_Kay__Martin.pdf- ./Web_Decision_-_Kay__Martin.pdf- b. encouraged her to delete the messages; ./Web_Decision_-_Kay__Martin.pdf- ./Web_Decision_-_Kay__Martin.pdf- c. said words to the effect, “if it’s not about you, then I have nothing to worry ./Web_Decision_-_Kay__Martin.pdf- about”. -- ./Web_Decision_-_Kay__Martin.pdf-The panel has carefully considered the case before it and has reached a decision. ./Web_Decision_-_Kay__Martin.pdf- ./Web_Decision_-_Kay__Martin.pdf-The panel confirms that it has read all the documents provided in the bundle in advance ./Web_Decision_-_Kay__Martin.pdf-of the hearing. ./Web_Decision_-_Kay__Martin.pdf- ./Web_Decision_-_Kay__Martin.pdf-Mr Kay was a teacher at Bolton Music Service (“BMS”) since 1996 and had been deputy ./Web_Decision_-_Kay__Martin.pdf-head there since 2008. Student A had been a student at BMS since 2002, whilst ./Web_Decision_-_Kay__Martin.pdf-attending a sixth form college elsewhere between September 2011 and July 2013. She ./Web_Decision_-_Kay__Martin.pdf-continued to attend BMS for several youth orchestras and ensembles until August 2014, ./Web_Decision_-_Kay__Martin.pdf-when she was 19 years old. Over the autumn and winter of 2013, Mr Kay and Student A ./Web_Decision_-_Kay__Martin.pdf:sent each other text and multimedia messages of a personal and sexual nature. An ./Web_Decision_-_Kay__Martin.pdf-investigation was carried out into Mr Kay’s behaviour, and this was concluded in ./Web_Decision_-_Kay__Martin.pdf-September 2014. ./Web_Decision_-_Kay__Martin.pdf- ./Web_Decision_-_Kay__Martin.pdf-Findings of fact ./Web_Decision_-_Kay__Martin.pdf-Our findings of fact are as follows: ./Web_Decision_-_Kay__Martin.pdf- ./Web_Decision_-_Kay__Martin.pdf-Whilst the panel has noted Mr Kay’s admissions of all the allegations, the panel has ./Web_Decision_-_Kay__Martin.pdf-nevertheless turned its own independent mind as to whether or not the facts of the ./Web_Decision_-_Kay__Martin.pdf-allegations have been proven. The panel has found the following particulars of the ./Web_Decision_-_Kay__Martin.pdf-allegations against Mr Kay proven, for these reasons: -- ./Web_Decision_-_Kay__Martin.pdf-the panel that Student A was attending BMS in her capacity as a continuing student of ./Web_Decision_-_Kay__Martin.pdf-BMS. The fact that she was also undertaking some voluntary work with BMS does not ./Web_Decision_-_Kay__Martin.pdf-detract from her status as a student of the service. ./Web_Decision_-_Kay__Martin.pdf- ./Web_Decision_-_Kay__Martin.pdf-In any event, the panel is of the view that Mr Kay, as a senior member of staff at BMS, ./Web_Decision_-_Kay__Martin.pdf-was in a position of trust and responsibility towards Student A. As part of that role, he ./Web_Decision_-_Kay__Martin.pdf-provided emotional support to someone with a lack of confidence and other personal ./Web_Decision_-_Kay__Martin.pdf-difficulties, which allowed the opportunity for the inappropriate relationship to develop. He ./Web_Decision_-_Kay__Martin.pdf-accepted in his oral evidence that he knew she had low self-esteem, that they were not ./Web_Decision_-_Kay__Martin.pdf-equals and that he “should have known better” and “should have been beyond reproach”. ./Web_Decision_-_Kay__Martin.pdf:In these circumstances, the panel is of the view that exchanging messages of a sexual ./Web_Decision_-_Kay__Martin.pdf-nature in this context amounted to inappropriate communications and crossed ./Web_Decision_-_Kay__Martin.pdf-professional boundaries. ./Web_Decision_-_Kay__Martin.pdf- ./Web_Decision_-_Kay__Martin.pdf-The panel is therefore satisfied that there is sufficient evidence to support Mr Kay’s ./Web_Decision_-_Kay__Martin.pdf-admission and it finds this allegation proven. ./Web_Decision_-_Kay__Martin.pdf- ./Web_Decision_-_Kay__Martin.pdf:2. His actions as set out in paragraph 1 above were sexually motivated; ./Web_Decision_-_Kay__Martin.pdf- ./Web_Decision_-_Kay__Martin.pdf:The panel has considered the issue of sexual motivation on an objective and subjective ./Web_Decision_-_Kay__Martin.pdf-basis. From an objective point of view, the panel is satisfied that the actions found proven ./Web_Decision_-_Kay__Martin.pdf:at allegation 1 would be considered to be sexually motivated by reasonable persons. ./Web_Decision_-_Kay__Martin.pdf- ./Web_Decision_-_Kay__Martin.pdf- 7 ./Web_Decision_-_Kay__Martin.pdf- -- ./Web_Decision_-_Kay__Martin.pdf-From a subjective viewpoint, given the nature of some of the activities, the panel ./Web_Decision_-_Kay__Martin.pdf:concludes that Mr Kay’s motivation can only have been sexual. ./Web_Decision_-_Kay__Martin.pdf- ./Web_Decision_-_Kay__Martin.pdf-The panel is therefore satisfied that there is sufficient evidence to support Mr Kay’s ./Web_Decision_-_Kay__Martin.pdf-admission and it finds this allegation proven. ./Web_Decision_-_Kay__Martin.pdf- ./Web_Decision_-_Kay__Martin.pdf-3. On or around 20 January 2014, after he was invited to attend an investigation ./Web_Decision_-_Kay__Martin.pdf-interview, he telephoned Student A and: ./Web_Decision_-_Kay__Martin.pdf- ./Web_Decision_-_Kay__Martin.pdf- a. discussed the deletion of the messages between him and Student A; ./Web_Decision_-_Kay__Martin.pdf- ./Web_Decision_-_Kay__Martin.pdf- b. encouraged her to delete the messages; -- ./Web_Decision_-_Kay__Martin.pdf- and at all times observing proper boundaries appropriate to the teacher’s ./Web_Decision_-_Kay__Martin.pdf- professional position; ./Web_Decision_-_Kay__Martin.pdf- ./Web_Decision_-_Kay__Martin.pdf- o having regard for the need to safeguard pupils’ well-being, in accordance ./Web_Decision_-_Kay__Martin.pdf- with statutory provisions; ./Web_Decision_-_Kay__Martin.pdf- ./Web_Decision_-_Kay__Martin.pdf-  Teachers must have proper and professional regard for the ethos, policies and ./Web_Decision_-_Kay__Martin.pdf- practices of the school in which they teach… ./Web_Decision_-_Kay__Martin.pdf- ./Web_Decision_-_Kay__Martin.pdf-In addition, Mr Kay’s conduct outside of the education setting, in engaging with Student A ./Web_Decision_-_Kay__Martin.pdf:in inappropriate and sexually motivated communications, led to Student A being exposed ./Web_Decision_-_Kay__Martin.pdf-to or influenced by this behaviour in a harmful way. In the panel’s view, Student A’s ./Web_Decision_-_Kay__Martin.pdf-issues with her self-esteem made her vulnerable, whereas Mr Kay was in a position of ./Web_Decision_-_Kay__Martin.pdf-trust and responsibility. His behaviour had the potential to, and did, have a harmful ./Web_Decision_-_Kay__Martin.pdf-impact on Student A, as was demonstrated through her emotional oral evidence before ./Web_Decision_-_Kay__Martin.pdf-the panel. ./Web_Decision_-_Kay__Martin.pdf- ./Web_Decision_-_Kay__Martin.pdf-Accordingly, the panel is satisfied that Mr Kay is guilty of unacceptable professional ./Web_Decision_-_Kay__Martin.pdf-conduct. ./Web_Decision_-_Kay__Martin.pdf- ./Web_Decision_-_Kay__Martin.pdf-In addition, the panel has gone on to consider whether the proven facts also amount to -- ./Web_Decision_-_Kay__Martin.pdf-In considering whether to recommend to the Secretary of State that a prohibition order ./Web_Decision_-_Kay__Martin.pdf-should be made, the panel considered whether it was an appropriate and proportionate ./Web_Decision_-_Kay__Martin.pdf-measure, and whether it was in the public interest to do so. The panel was mindful that ./Web_Decision_-_Kay__Martin.pdf-prohibition orders should not be given in order to be punitive, or to show that blame has ./Web_Decision_-_Kay__Martin.pdf-been apportioned, although they would be likely to have a punitive effect. ./Web_Decision_-_Kay__Martin.pdf- ./Web_Decision_-_Kay__Martin.pdf-The panel considered the particular public interest considerations set out in the Advice ./Web_Decision_-_Kay__Martin.pdf-and found all of them to be relevant in this case, namely: ./Web_Decision_-_Kay__Martin.pdf- ./Web_Decision_-_Kay__Martin.pdf-  declaring and upholding proper standards of conduct – in the panel’s view this was ./Web_Decision_-_Kay__Martin.pdf: the key public interest consideration in this matter. Mr Kay engaged in sexually ./Web_Decision_-_Kay__Martin.pdf- motivated communications with a student and sought to mislead an investigation ./Web_Decision_-_Kay__Martin.pdf- into his conduct. This was conduct outside that which could reasonably be ./Web_Decision_-_Kay__Martin.pdf- tolerated and amounted to conduct which could bring the profession into ./Web_Decision_-_Kay__Martin.pdf- disrepute; ./Web_Decision_-_Kay__Martin.pdf- ./Web_Decision_-_Kay__Martin.pdf-  the maintenance of public confidence in the profession – the panel considered that ./Web_Decision_-_Kay__Martin.pdf- public confidence in the profession could be seriously weakened if conduct such ./Web_Decision_-_Kay__Martin.pdf- as that found against Mr Kay were not treated with the utmost seriousness when ./Web_Decision_-_Kay__Martin.pdf- regulating the conduct of the profession; ./Web_Decision_-_Kay__Martin.pdf- -- ./Web_Decision_-_Kay__Martin.pdf-  abuse of position or trust (particularly involving vulnerable pupils); and ./Web_Decision_-_Kay__Martin.pdf:  sexual misconduct, e.g. involving actions that were sexually motivated or of a ./Web_Decision_-_Kay__Martin.pdf: sexual nature and/or that use or exploit the trust, knowledge or influence derived ./Web_Decision_-_Kay__Martin.pdf- from the individual’s professional position. ./Web_Decision_-_Kay__Martin.pdf-Even though there were behaviours that pointed to a prohibition order being appropriate, ./Web_Decision_-_Kay__Martin.pdf-the panel went on to consider whether or not there were sufficient mitigating factors to ./Web_Decision_-_Kay__Martin.pdf-militate against a prohibition order being an appropriate and proportionate measure to ./Web_Decision_-_Kay__Martin.pdf-impose, particularly taking into account the nature and severity of the behaviour in this ./Web_Decision_-_Kay__Martin.pdf-case. The panel considered the following potential mitigating factors: ./Web_Decision_-_Kay__Martin.pdf- ./Web_Decision_-_Kay__Martin.pdf-  there was no evidence that Mr Kay’s actions were not deliberate; ./Web_Decision_-_Kay__Martin.pdf- ./Web_Decision_-_Kay__Martin.pdf-  there was no evidence that Mr Kay was acting under duress, and in fact the panel ./Web_Decision_-_Kay__Martin.pdf- found the teacher’s actions to be calculated and motivated; ./Web_Decision_-_Kay__Martin.pdf- ./Web_Decision_-_Kay__Martin.pdf-  the panel accepts that Mr Kay did have a previously good history. There were ./Web_Decision_-_Kay__Martin.pdf- several positive references in the bundle regarding Mr Kay’s good character and ./Web_Decision_-_Kay__Martin.pdf- the positive impact he had on pupils (p.212-215); ./Web_Decision_-_Kay__Martin.pdf- ./Web_Decision_-_Kay__Martin.pdf-  Student A was an adult and voluntarily engaged in exchanging the messages of a ./Web_Decision_-_Kay__Martin.pdf: sexual nature. There was no evidence of an investigation by the police into their ./Web_Decision_-_Kay__Martin.pdf- interactions; ./Web_Decision_-_Kay__Martin.pdf- ./Web_Decision_-_Kay__Martin.pdf-  Mr Kay indicated that he did not wish to teach again in the future, although the ./Web_Decision_-_Kay__Martin.pdf- panel could not assume that this would remain his view. ./Web_Decision_-_Kay__Martin.pdf- ./Web_Decision_-_Kay__Martin.pdf-Taking all of these circumstances into account, the panel was of the view that prohibition ./Web_Decision_-_Kay__Martin.pdf-was both proportionate and appropriate, and the public interest considerations ./Web_Decision_-_Kay__Martin.pdf-outweighed the interests of Mr Kay. A significant factor in forming that opinion was that ./Web_Decision_-_Kay__Martin.pdf-Mr Kay’s attitude to date seemed to have been to underplay the seriousness of his ./Web_Decision_-_Kay__Martin.pdf-inappropriate behaviour, and to seek to deny his responsibility as far as possible. He only -- ./Web_Decision_-_Kay__Martin.pdf-prohibition order reviewed after a specified period of time that may not be less than 2 ./Web_Decision_-_Kay__Martin.pdf-years. ./Web_Decision_-_Kay__Martin.pdf- ./Web_Decision_-_Kay__Martin.pdf-The panel considered whether this was a case where the Advice suggested that no ./Web_Decision_-_Kay__Martin.pdf-review period should be provided for. The panel noted that the involvement of “serious ./Web_Decision_-_Kay__Martin.pdf:sexual misconduct” indicated that there be no review period. In the panel’s view, whilst ./Web_Decision_-_Kay__Martin.pdf:Mr Kay’s conduct amounted to sexual misconduct, this was not at the serious end of the ./Web_Decision_-_Kay__Martin.pdf-spectrum. As noted earlier, Student A was over the age of 18, the interactions were ./Web_Decision_-_Kay__Martin.pdf:consensual, and there was no evidence of direct physical interactions of a sexual nature. ./Web_Decision_-_Kay__Martin.pdf-In this case, the panel did not consider that any of the categories of conduct listed on ./Web_Decision_-_Kay__Martin.pdf-page 12 of the Advice were relevant. ./Web_Decision_-_Kay__Martin.pdf- ./Web_Decision_-_Kay__Martin.pdf-Nevertheless, the panel was of the view that Mr Kay had failed to demonstrate sufficient ./Web_Decision_-_Kay__Martin.pdf-insight into and remorse for his actions. Throughout the investigation on behalf of BMS ./Web_Decision_-_Kay__Martin.pdf-as well as the NCTL proceedings, he appeared to have been choosing his words ./Web_Decision_-_Kay__Martin.pdf-carefully, and not volunteering relevant information or admitting fault unless it was ./Web_Decision_-_Kay__Martin.pdf-unavoidable. He said that he and Student A were equally culpable for their messages, ./Web_Decision_-_Kay__Martin.pdf-and he initially showed limited recognition of the fact that he was a deputy head, in a ./Web_Decision_-_Kay__Martin.pdf-position of trust and responsibility, whilst she was a young person with vulnerabilities. ./Web_Decision_-_Kay__Martin.pdf:Therefore his actions were entirely inappropriate, both in terms of the sexual messaging ./Web_Decision_-_Kay__Martin.pdf-and engaging in conduct which was designed to mislead the investigation. He had ./Web_Decision_-_Kay__Martin.pdf-already had over 2 years to consider his actions and their impact on Student A as well as ./Web_Decision_-_Kay__Martin.pdf-the profession. However, his remorse was focused more on the impact on himself and his ./Web_Decision_-_Kay__Martin.pdf-family. ./Web_Decision_-_Kay__Martin.pdf- ./Web_Decision_-_Kay__Martin.pdf-Therefore, the panel was of the view that Mr Kay would benefit from a significant further ./Web_Decision_-_Kay__Martin.pdf-period of reflection, to enable him to develop a fuller acceptance of his responsibility in ./Web_Decision_-_Kay__Martin.pdf-the events which led to his prohibition. He would also need to expand his understanding ./Web_Decision_-_Kay__Martin.pdf-of the wider scope of safeguarding legislation and policies in respect of students over the ./Web_Decision_-_Kay__Martin.pdf-age of 18 who are still attending an educational establishment. Should Mr Kay wish to -- ./Web_Decision_-_Kay__Martin.pdf-his inappropriate behaviour, and to seek to deny his responsibility as far as possible. In ./Web_Decision_-_Kay__Martin.pdf-the panel’s view, the allegations were admitted grudgingly. Mr Kay showed a limited ./Web_Decision_-_Kay__Martin.pdf-understanding of, and remorse for, the impact of his behaviour on the student or wider ./Web_Decision_-_Kay__Martin.pdf-profession. Taking all of the facts into account, I support the recommendation of the ./Web_Decision_-_Kay__Martin.pdf-panel that Mr Kay be prohibited. This seems to me to be proportionate and appropriate. ./Web_Decision_-_Kay__Martin.pdf- ./Web_Decision_-_Kay__Martin.pdf-I now turn to the matter of a review period. I noted that the panel was of the view that Mr ./Web_Decision_-_Kay__Martin.pdf-Kay had failed to demonstrate sufficient insight into and remorse for his actions. The ./Web_Decision_-_Kay__Martin.pdf-panel considered that Mr Kay initially showed limited recognition of the fact that he was a ./Web_Decision_-_Kay__Martin.pdf-deputy head, in a position of trust and responsibility, and that his actions were entirely ./Web_Decision_-_Kay__Martin.pdf:inappropriate, both in terms of the sexual messaging and engaging in conduct which was ./Web_Decision_-_Kay__Martin.pdf-designed to mislead the investigation. ./Web_Decision_-_Kay__Martin.pdf- ./Web_Decision_-_Kay__Martin.pdf-I note the panel considered Mr Kay’s remorse was focused more on the impact on ./Web_Decision_-_Kay__Martin.pdf-himself and his family, rather than that of the student or the profession. ./Web_Decision_-_Kay__Martin.pdf- ./Web_Decision_-_Kay__Martin.pdf-The panel were of the view that Mr Kay would benefit from a significant further period of ./Web_Decision_-_Kay__Martin.pdf-reflection, to enable him to develop a fuller acceptance of his responsibility in the events. ./Web_Decision_-_Kay__Martin.pdf-The panel has decided it would be proportionate for a review period of 4 years. ./Web_Decision_-_Kay__Martin.pdf- ./Web_Decision_-_Kay__Martin.pdf-For the reasons set out above, I agree with the panel’s recommendation. ./Web_Decision_-_Kingston__David.pdf-B. Allegations ./Web_Decision_-_Kingston__David.pdf-The panel considered the allegations set out in the Notice of Proceedings dated 19 ./Web_Decision_-_Kingston__David.pdf-November 2015. ./Web_Decision_-_Kingston__David.pdf- ./Web_Decision_-_Kingston__David.pdf-It is alleged that Mr David Kingston is guilty of unacceptable professional conduct and/or ./Web_Decision_-_Kingston__David.pdf-conduct that may bring the profession into disrepute in that, whilst employed at St ./Web_Decision_-_Kingston__David.pdf-Lawrence Roman Catholic Primary School, he: ./Web_Decision_-_Kingston__David.pdf- ./Web_Decision_-_Kingston__David.pdf- 1. Engaged in online chat in a website forum in which he: ./Web_Decision_-_Kingston__David.pdf- ./Web_Decision_-_Kingston__David.pdf: a. Communicated that he had a sexual interest in children aged four ./Web_Decision_-_Kingston__David.pdf- ./Web_Decision_-_Kingston__David.pdf- b. Communicated that he liked the thought of a child’s hands and lips on his penis ./Web_Decision_-_Kingston__David.pdf- ./Web_Decision_-_Kingston__David.pdf- c. Indicated that he wanted to communicate with a user of the forum again after ./Web_Decision_-_Kingston__David.pdf: they had expressed a sexual interest in children ./Web_Decision_-_Kingston__David.pdf- ./Web_Decision_-_Kingston__David.pdf: 2. Searched for on the internet and/or viewed images of sexual activity between a ./Web_Decision_-_Kingston__David.pdf- person and an animal on one or more occasion ./Web_Decision_-_Kingston__David.pdf- ./Web_Decision_-_Kingston__David.pdf- 3. His conduct set out at paragraphs 1a and/or 1b and/or 1c and/or 2 above was ./Web_Decision_-_Kingston__David.pdf: sexually motivated ./Web_Decision_-_Kingston__David.pdf- ./Web_Decision_-_Kingston__David.pdf-The above allegations are not admitted. ./Web_Decision_-_Kingston__David.pdf- ./Web_Decision_-_Kingston__David.pdf- ./Web_Decision_-_Kingston__David.pdf-C. Preliminary applications ./Web_Decision_-_Kingston__David.pdf-Admission of Documents ./Web_Decision_-_Kingston__David.pdf- ./Web_Decision_-_Kingston__David.pdf-The teacher’s representative made an application to admit into the evidence the following ./Web_Decision_-_Kingston__David.pdf-documents: ./Web_Decision_-_Kingston__David.pdf- -- ./Web_Decision_-_Kingston__David.pdf-The panel has carefully considered the case before it and has reached a decision. ./Web_Decision_-_Kingston__David.pdf- ./Web_Decision_-_Kingston__David.pdf-The panel confirms that it has read all the documents provided in the bundle in advance ./Web_Decision_-_Kingston__David.pdf-of the hearing. ./Web_Decision_-_Kingston__David.pdf- ./Web_Decision_-_Kingston__David.pdf-Mr Kingston had been employed at St Lawrence Roman Catholic Primary School from ./Web_Decision_-_Kingston__David.pdf-November 2002. Initially, he taught a range of year groups. Following a short break from ./Web_Decision_-_Kingston__David.pdf-teaching, Mr Kingston returned as a year 6 teacher. He became assistant head teacher ./Web_Decision_-_Kingston__David.pdf-in January 2013 whilst maintaining a full teaching timetable. ./Web_Decision_-_Kingston__David.pdf- ./Web_Decision_-_Kingston__David.pdf:On 29 October 2013, it is alleged that Mr Kingston engaged in an online chat of a sexual ./Web_Decision_-_Kingston__David.pdf-nature with another user. On 14 March 2014, the head teacher of St Lawrence Roman ./Web_Decision_-_Kingston__David.pdf-Catholic Primary School was notified by the LADO that Mr Kingston was under police ./Web_Decision_-_Kingston__David.pdf-investigation. Mr Kingston was suspended the same day. ./Web_Decision_-_Kingston__David.pdf- ./Web_Decision_-_Kingston__David.pdf-Following the conclusion of the police investigation, on 18 September 2014, it was ./Web_Decision_-_Kingston__David.pdf-confirmed that Mr Kingston would not be charged by the police. The same day, Mr ./Web_Decision_-_Kingston__David.pdf-Kingston offered his resignation with immediate effect. ./Web_Decision_-_Kingston__David.pdf- ./Web_Decision_-_Kingston__David.pdf-On 2 October 2014, a police report stated that an online profile used by Mr Kingston had ./Web_Decision_-_Kingston__David.pdf:engaged in online chat with another user in which it was stated the user had a sexual ./Web_Decision_-_Kingston__David.pdf-interest in children aged four. A disciplinary hearing took place on 20 November 2014 ./Web_Decision_-_Kingston__David.pdf-and the disciplinary panel determined to accept Mr Kingston’s offer of resignation. ./Web_Decision_-_Kingston__David.pdf- ./Web_Decision_-_Kingston__David.pdf-Findings of fact ./Web_Decision_-_Kingston__David.pdf-Our findings of fact are as follows: ./Web_Decision_-_Kingston__David.pdf- ./Web_Decision_-_Kingston__David.pdf-The panel has found the following particulars of the allegation against you proven, for ./Web_Decision_-_Kingston__David.pdf-these reasons: ./Web_Decision_-_Kingston__David.pdf- ./Web_Decision_-_Kingston__David.pdf-You are guilty of unacceptable professional conduct and/or conduct that may bring ./Web_Decision_-_Kingston__David.pdf-the profession into disrepute in that you: ./Web_Decision_-_Kingston__David.pdf- ./Web_Decision_-_Kingston__David.pdf: 2. Searched for on the internet and/or viewed images of sexual activity between a ./Web_Decision_-_Kingston__David.pdf- person and an animal on one or more occasion ./Web_Decision_-_Kingston__David.pdf- ./Web_Decision_-_Kingston__David.pdf-Mr Kingston admits having viewed images depicting bestiality but denied having ./Web_Decision_-_Kingston__David.pdf-searched for such images. ./Web_Decision_-_Kingston__David.pdf- ./Web_Decision_-_Kingston__David.pdf-At page 24, it is noted that Mr Kingston “searched and viewed bestiality images”. In his ./Web_Decision_-_Kingston__David.pdf-oral evidence, Mr Kingston explained that during questioning the police did not draw a ./Web_Decision_-_Kingston__David.pdf-distinction between searching and viewing such images. At page 42, Mr Kingston ./Web_Decision_-_Kingston__David.pdf- ./Web_Decision_-_Kingston__David.pdf- -- ./Web_Decision_-_Kingston__David.pdf-explained that it was his “sexual partner” at the time who searched for such material and ./Web_Decision_-_Kingston__David.pdf-not him, stating that, “I did not actively access these images, but simply tolerated them ./Web_Decision_-_Kingston__David.pdf-upon being shown to me”. Evidence from Mr Kingston’s third statement (page 66) was ./Web_Decision_-_Kingston__David.pdf-contrary to this and said, “we [he and his sexual partner at the time] would search for ./Web_Decision_-_Kingston__David.pdf:pornography involving bestiality”. Mr Kingston explained, in his oral evidence, that the ./Web_Decision_-_Kingston__David.pdf-use of the term “we” was an oversight on his part. The panel also noted that Mr Kingston ./Web_Decision_-_Kingston__David.pdf-himself stated that he “simply went along with it” (page 66). ./Web_Decision_-_Kingston__David.pdf- ./Web_Decision_-_Kingston__David.pdf-The panel was minded to determine that Mr Kingston had been a passive participant in ./Web_Decision_-_Kingston__David.pdf-the search for images involving bestiality. Having considered all the evidence, and on the ./Web_Decision_-_Kingston__David.pdf-balance of probabilities, the panel believed that the allegation, involving the searching ./Web_Decision_-_Kingston__David.pdf-and viewing of images of bestiality, was more likely than not to have occurred. This ./Web_Decision_-_Kingston__David.pdf-allegation was therefore proven. ./Web_Decision_-_Kingston__David.pdf- ./Web_Decision_-_Kingston__David.pdf-The panel has found the following particulars of the allegations against you not proven, ./Web_Decision_-_Kingston__David.pdf-for these reasons: ./Web_Decision_-_Kingston__David.pdf- ./Web_Decision_-_Kingston__David.pdf-You are guilty of unacceptable professional conduct and/or conduct that may bring ./Web_Decision_-_Kingston__David.pdf-the profession into disrepute in that you: ./Web_Decision_-_Kingston__David.pdf- ./Web_Decision_-_Kingston__David.pdf- 1. Engaged in online chat in a website forum in which you: ./Web_Decision_-_Kingston__David.pdf- ./Web_Decision_-_Kingston__David.pdf: a. Communicated that you had a sexual interest in children aged four ./Web_Decision_-_Kingston__David.pdf- ./Web_Decision_-_Kingston__David.pdf- b. Communicated that you liked the thought of having a child’s hands and lips ./Web_Decision_-_Kingston__David.pdf- on your penis ./Web_Decision_-_Kingston__David.pdf- ./Web_Decision_-_Kingston__David.pdf- c. Indicated that you wanted to communicate with a user of the forum again ./Web_Decision_-_Kingston__David.pdf: after they had expressed a sexual interest in children ./Web_Decision_-_Kingston__David.pdf- ./Web_Decision_-_Kingston__David.pdf-These allegations are denied by Mr Kingston. ./Web_Decision_-_Kingston__David.pdf- ./Web_Decision_-_Kingston__David.pdf-The panel considered the documentary evidence at pages 20 to 22 of the hearing bundle ./Web_Decision_-_Kingston__David.pdf-which presented the contents of the online communication that formed the basis of these ./Web_Decision_-_Kingston__David.pdf-allegations. ./Web_Decision_-_Kingston__David.pdf- ./Web_Decision_-_Kingston__David.pdf-The panel noted Mr Kingston’s admission, both in the documentary evidence (pages 32 ./Web_Decision_-_Kingston__David.pdf-to 33) and in his oral evidence, that the online profile belonged to him. Despite accepting ./Web_Decision_-_Kingston__David.pdf-that the user profile belonged to him, Mr Kingston did not recall engaging in the online -- ./Web_Decision_-_Kingston__David.pdf-The panel accepts that a user, employing Mr Kingston’s user profile name, did post the ./Web_Decision_-_Kingston__David.pdf-comments presented before the panel at pages 20 to 22. However, it is unclear from the ./Web_Decision_-_Kingston__David.pdf-evidence presented whether Mr Kingston was the author of the posts. Therefore, given ./Web_Decision_-_Kingston__David.pdf-the uncertainties raised by the oral evidence, coupled with the robust denials from Mr ./Web_Decision_-_Kingston__David.pdf-Kingston, the panel finds that on the balance of probabilities this allegation has not been ./Web_Decision_-_Kingston__David.pdf-proven and the National College has failed to discharge its burden of proof in showing ./Web_Decision_-_Kingston__David.pdf-that these facts are more likely than not to have occurred. Therefore, the panel does not ./Web_Decision_-_Kingston__David.pdf-find these allegations proven. ./Web_Decision_-_Kingston__David.pdf- ./Web_Decision_-_Kingston__David.pdf- 3. Your conduct set out at paragraphs 1a and/or 1b and/or 1c and/or 2 above was ./Web_Decision_-_Kingston__David.pdf: sexually motivated ./Web_Decision_-_Kingston__David.pdf- ./Web_Decision_-_Kingston__David.pdf-Having reviewed all the evidence, the panel does not find allegations 1a, 1b, and 1c ./Web_Decision_-_Kingston__David.pdf-proved on the facts. Accordingly, the panel did not go on to consider whether, in respect ./Web_Decision_-_Kingston__David.pdf- ./Web_Decision_-_Kingston__David.pdf- ./Web_Decision_-_Kingston__David.pdf- ./Web_Decision_-_Kingston__David.pdf- 9 ./Web_Decision_-_Kingston__David.pdf- -- ./Web_Decision_-_Kingston__David.pdf:of these allegations, Mr Kingston’s conduct was sexually motivated, as it was not ./Web_Decision_-_Kingston__David.pdf-required to do so. ./Web_Decision_-_Kingston__David.pdf- ./Web_Decision_-_Kingston__David.pdf:Turning to allegation 2, the panel considered the two stage test for sexual motivation – ./Web_Decision_-_Kingston__David.pdf-firstly, whether a reasonable person would think that words and/or actions could be ./Web_Decision_-_Kingston__David.pdf:sexual and secondly, whether the purpose of such words and/or actions was sexual in all ./Web_Decision_-_Kingston__David.pdf-the circumstances of the case. ./Web_Decision_-_Kingston__David.pdf- ./Web_Decision_-_Kingston__David.pdf:Following a detailed discussion regarding the test to be applied for a finding of sexual ./Web_Decision_-_Kingston__David.pdf-motivation and upon consideration of the evidence, the panel decided it was satisfied that ./Web_Decision_-_Kingston__David.pdf:Mr Kingston’s actions could be viewed by a reasonable person as sexually motivated. In ./Web_Decision_-_Kingston__David.pdf-reaching its decision, the panel noted the very nature of the images would suffice to ./Web_Decision_-_Kingston__David.pdf-satisfy this element of the test. Turning to the second limb, whether in all the ./Web_Decision_-_Kingston__David.pdf:circumstances of the conduct in the case, the purpose of such actions was sexual on Mr ./Web_Decision_-_Kingston__David.pdf-Kingston’s part. Such activities were undertaken in conjunction with another person, for ./Web_Decision_-_Kingston__David.pdf:that person’s sexual gratification, and not for Mr Kingston’s own sexual gratification. The ./Web_Decision_-_Kingston__David.pdf:panel was not satisfied that Mr Kingston’s actions could be viewed as sexually motivated. ./Web_Decision_-_Kingston__David.pdf-Therefore, panel have found this allegation not proven. ./Web_Decision_-_Kingston__David.pdf- ./Web_Decision_-_Kingston__David.pdf-Findings as to unacceptable professional conduct and/or conduct that ./Web_Decision_-_Kingston__David.pdf-may bring the profession into disrepute ./Web_Decision_-_Kingston__David.pdf-Having found one of the allegations proven, the panel has gone on to consider whether ./Web_Decision_-_Kingston__David.pdf-the facts of the proven allegation amounts to unacceptable professional conduct and/or ./Web_Decision_-_Kingston__David.pdf-conduct that may bring the profession into disrepute. ./Web_Decision_-_Kingston__David.pdf- ./Web_Decision_-_Kingston__David.pdf-In considering the allegation that the panel has found proven, the panel has had regards ./Web_Decision_-_Kingston__David.pdf-to the Teacher Misconduct – The Prohibition of Teachers advice, which we refer to as the ./Web_Decision_-_Lacey__Rebecca.pdf:It is not alleged that there was any sexual activity between Miss Lacey and the pupil ./Web_Decision_-_Lacey__Rebecca.pdf-concerned. ./Web_Decision_-_Lacey__Rebecca.pdf- ./Web_Decision_-_Lacey__Rebecca.pdf-Miss Lacey faces a further allegation that in the course of preparing her year 11 ICT ./Web_Decision_-_Lacey__Rebecca.pdf-class for a public examination, she failed to comply with the regulations and "overguided" ./Web_Decision_-_Lacey__Rebecca.pdf-the pupils concerned. The matter was investigated by the Exam Board who rejected the ./Web_Decision_-_Lacey__Rebecca.pdf-coursework of 50 pupils and, as a consequence, none of the pupils received the ./Web_Decision_-_Lacey__Rebecca.pdf-qualification that they had been working towards. Miss Lacey accepts that she must have ./Web_Decision_-_Lacey__Rebecca.pdf-misinterpreted the amount of guidance she could give to the pupils and says that she ./Web_Decision_-_Lacey__Rebecca.pdf-wholeheartedly takes full responsibility for the error. It was her misinterpretation and not ./Web_Decision_-_Lacey__Rebecca.pdf-the students'. -- ./Web_Decision_-_Lacey__Rebecca.pdf-Prohibition of Teachers, which we refer to as “the Advice”. ./Web_Decision_-_Lacey__Rebecca.pdf- ./Web_Decision_-_Lacey__Rebecca.pdf-In making its judgement the panel has considered each set of particulars separately and ./Web_Decision_-_Lacey__Rebecca.pdf-has applied the definition of unacceptable professional conduct which is "misconduct of a ./Web_Decision_-_Lacey__Rebecca.pdf-serious nature falling significantly short of the standard of behaviour expected of a ./Web_Decision_-_Lacey__Rebecca.pdf-teacher." Conduct that may bring the profession into disrepute is judged in a similar way. ./Web_Decision_-_Lacey__Rebecca.pdf- ./Web_Decision_-_Lacey__Rebecca.pdf-In relation to Miss Lacey's conduct towards Pupil A the panel has carefully considered ./Web_Decision_-_Lacey__Rebecca.pdf-her explanation for allowing Pupil A, on the evening of the Prom, to stay overnight in her ./Web_Decision_-_Lacey__Rebecca.pdf-hotel room. The panel recognises that it is no part of the case brought against her by the ./Web_Decision_-_Lacey__Rebecca.pdf:National College that Miss Lacey was involved in any sexual activity with Pupil A nor that ./Web_Decision_-_Lacey__Rebecca.pdf:there was any sexual motivation in allowing him to stay overnight. ./Web_Decision_-_Lacey__Rebecca.pdf- ./Web_Decision_-_Lacey__Rebecca.pdf-Miss Lacey says that she was concerned for his welfare, she intended to act in his best ./Web_Decision_-_Lacey__Rebecca.pdf-interests and discharge her duty of care towards him. She says they spent the night ./Web_Decision_-_Lacey__Rebecca.pdf-talking. He had appeared anxious and most of the discussion concerned his personal ./Web_Decision_-_Lacey__Rebecca.pdf-family problems. In the morning she gave him a lift and dropped him off at a location from ./Web_Decision_-_Lacey__Rebecca.pdf-which he could walk home. ./Web_Decision_-_Lacey__Rebecca.pdf- ./Web_Decision_-_Lacey__Rebecca.pdf-She accepts that she should have reported what she had done but failed to do so. She ./Web_Decision_-_Lacey__Rebecca.pdf-was anxious about making the disclosure and afraid of the potential repercussions. The ./Web_Decision_-_Lacey__Rebecca.pdf-panel notes that the Headteacher in his management report indicates that Miss Lacey ./Web_Decision_-_Lang__Adam.pdf-B. Allegations ./Web_Decision_-_Lang__Adam.pdf-The panel considered the allegations set out in the Notice of Proceedings dated 22 June ./Web_Decision_-_Lang__Adam.pdf-2015. ./Web_Decision_-_Lang__Adam.pdf- ./Web_Decision_-_Lang__Adam.pdf-It was alleged that Mr Lang was guilty of unacceptable professional conduct and/or conduct ./Web_Decision_-_Lang__Adam.pdf-that may bring the profession into disrepute, in that whilst employed as the principal at ./Web_Decision_-_Lang__Adam.pdf:School B ("the school"), Middlesex: ./Web_Decision_-_Lang__Adam.pdf- ./Web_Decision_-_Lang__Adam.pdf- 1. Between 22 November 2011 and 26 November 2011 he failed to fulfil his obligations ./Web_Decision_-_Lang__Adam.pdf- in relation to safeguarding responsibilities, in that in particular he: ./Web_Decision_-_Lang__Adam.pdf- a. Failed to adequately support and/or instigate an investigation into an ./Web_Decision_-_Lang__Adam.pdf- allegation against a member of staff (Individual A) regarding a safeguarding ./Web_Decision_-_Lang__Adam.pdf- concern in relation to Pupil A; ./Web_Decision_-_Lang__Adam.pdf- b. Failed to inform the local authority designated officer ("LADO") of the ./Web_Decision_-_Lang__Adam.pdf- safeguarding concern; ./Web_Decision_-_Lang__Adam.pdf- c. Failed to direct the designated safeguarding officer ("DSO") to contact the ./Web_Decision_-_Lang__Adam.pdf- LADO. -- ./Web_Decision_-_Lang__Adam.pdf-place. ./Web_Decision_-_Lang__Adam.pdf- ./Web_Decision_-_Lang__Adam.pdf-On 1 May 2013, Ms Barton was away ill. ./Web_Decision_-_Lang__Adam.pdf- ./Web_Decision_-_Lang__Adam.pdf-As a result of no action being taken by the school, the caller contacted the local authority ./Web_Decision_-_Lang__Adam.pdf-designated officer for safeguarding ("LADO") who, in turn, notified the Police. The Police ./Web_Decision_-_Lang__Adam.pdf-informed the LADO that they would be arresting Individual A at the end of the school day. ./Web_Decision_-_Lang__Adam.pdf-The LADO informed Mr Lang in order to make the necessary arrangements. ./Web_Decision_-_Lang__Adam.pdf- ./Web_Decision_-_Lang__Adam.pdf-Individual A was arrested on that day. He was subsequently prosecuted and was ./Web_Decision_-_Lang__Adam.pdf:sentenced to 2 years having pleaded guilty to two counts of sexual activity with a child. ./Web_Decision_-_Lang__Adam.pdf- ./Web_Decision_-_Lang__Adam.pdf-On 2 May 2013, Ms Barton and her deputy DSO, Individual C, interviewed Pupil A and the ./Web_Decision_-_Lang__Adam.pdf-LADO informed the school that a multi agency strategy meeting would be held to review the ./Web_Decision_-_Lang__Adam.pdf-disclosure received not only on 1 May 2013 but also the events which took place in 2011. ./Web_Decision_-_Lang__Adam.pdf- ./Web_Decision_-_Lang__Adam.pdf-On 3 May 2013, both Ms Barton and Mr Lang attended the strategy meeting. ./Web_Decision_-_Lang__Adam.pdf- ./Web_Decision_-_Lang__Adam.pdf-Subsequently, on 14 May 2014, at the instruction of the Chair of Governors, Witness A ./Web_Decision_-_Lang__Adam.pdf-commenced an investigation into the events of 2011 and 2013. The investigation included ./Web_Decision_-_Lang__Adam.pdf-interviews with Ms Barton and Mr Lang. ./Web_Decision_-_Leaning__Liam.pdf-The panel considered the allegations set out in the Notice of Proceedings dated 5 ./Web_Decision_-_Leaning__Liam.pdf-November 2015. ./Web_Decision_-_Leaning__Liam.pdf- ./Web_Decision_-_Leaning__Liam.pdf-It was alleged that Mr Leaning was guilty of unacceptable professional conduct and/or ./Web_Decision_-_Leaning__Liam.pdf-conduct that may bring the profession into disrepute in that whilst employed as a teacher ./Web_Decision_-_Leaning__Liam.pdf-at Hillborough Junior School, between January 2013 and August 2014: ./Web_Decision_-_Leaning__Liam.pdf- ./Web_Decision_-_Leaning__Liam.pdf- 1. On one or more occasions he engaged in communication of an inappropriate ./Web_Decision_-_Leaning__Liam.pdf- and/or adult nature with Pupil A, a 12/13 year old boy, in particular he: ./Web_Decision_-_Leaning__Liam.pdf- ./Web_Decision_-_Leaning__Liam.pdf: a. made references to relationships and/or sexual behaviour and/or sexual ./Web_Decision_-_Leaning__Liam.pdf- orientation as set out in Schedule A to the Notice of Proceedings; ./Web_Decision_-_Leaning__Liam.pdf- ./Web_Decision_-_Leaning__Liam.pdf- b. made references to being in the bath while messaging Pupil A as set out in ./Web_Decision_-_Leaning__Liam.pdf- Schedule B to the Notice of Proceedings, ./Web_Decision_-_Leaning__Liam.pdf- ./Web_Decision_-_Leaning__Liam.pdf- c. made references to massages as set out in Schedule C to the Notice of ./Web_Decision_-_Leaning__Liam.pdf- Proceedings, ./Web_Decision_-_Leaning__Liam.pdf- ./Web_Decision_-_Leaning__Liam.pdf- d. made references to sunbathing as set out in Schedule D to the Notice of ./Web_Decision_-_Leaning__Liam.pdf- Proceedings, ./Web_Decision_-_Leaning__Liam.pdf- ./Web_Decision_-_Leaning__Liam.pdf- e. made references to what he was wearing as set out in Schedule E to the ./Web_Decision_-_Leaning__Liam.pdf- Notice of Proceedings; ./Web_Decision_-_Leaning__Liam.pdf- ./Web_Decision_-_Leaning__Liam.pdf- 2. He previously taught Pupil A at School A; ./Web_Decision_-_Leaning__Liam.pdf- ./Web_Decision_-_Leaning__Liam.pdf: 3. His actions as set out at paragraph 1 above were sexually motivated ./Web_Decision_-_Leaning__Liam.pdf- ./Web_Decision_-_Leaning__Liam.pdf-Mr Leaning admitted allegations 1 and 2, but denied allegation 3 and that his actions ./Web_Decision_-_Leaning__Liam.pdf-constituted unacceptable professional conduct and/or conduct that may bring the ./Web_Decision_-_Leaning__Liam.pdf-profession into disrepute. In these circumstances, the panel heard the matter as a ./Web_Decision_-_Leaning__Liam.pdf-contested case. ./Web_Decision_-_Leaning__Liam.pdf- ./Web_Decision_-_Leaning__Liam.pdf- ./Web_Decision_-_Leaning__Liam.pdf-C. Preliminary applications ./Web_Decision_-_Leaning__Liam.pdf-The panel has heard applications from both parties to admit additional evidence. The ./Web_Decision_-_Leaning__Liam.pdf-panel is mindful that paragraph 4.18 of the disciplinary procedures states that the panel -- ./Web_Decision_-_Leaning__Liam.pdf:grooming. Paragraph 12 of the witness statement sets out Witness A’s views on whether ./Web_Decision_-_Leaning__Liam.pdf:Mr Leaning’s actions might have been part of a process of grooming. Ms Price has ./Web_Decision_-_Leaning__Liam.pdf-resisted this application on the basis that opinion evidence should not be admissible ./Web_Decision_-_Leaning__Liam.pdf-unless given by an expert, and Witness A is not a recognised expert in this case. ./Web_Decision_-_Leaning__Liam.pdf- ./Web_Decision_-_Leaning__Liam.pdf-In the panel’s view, paragraph 4.18 enables the panel to admit “any” evidence, and this ./Web_Decision_-_Leaning__Liam.pdf-includes opinion evidence, whether given by an expert or not. Witness A’s experience ./Web_Decision_-_Leaning__Liam.pdf-and knowledge of the issues on which he will comment, can be tested during this oral ./Web_Decision_-_Leaning__Liam.pdf-evidence, and the panel will decide what weight it should give his evidence. In any event, ./Web_Decision_-_Leaning__Liam.pdf-the panel notes that his additional evidence is already mostly before the panel on page ./Web_Decision_-_Leaning__Liam.pdf-73 of the bundle. In this case, the panel does not consider that Mr Leaning’s case will be ./Web_Decision_-_Leaning__Liam.pdf-prejudiced by the admission of the unredacted statement and the e-mail, and in the -- ./Web_Decision_-_Leaning__Liam.pdf- ./Web_Decision_-_Leaning__Liam.pdf-Findings of fact ./Web_Decision_-_Leaning__Liam.pdf-Our findings of fact are as follows: ./Web_Decision_-_Leaning__Liam.pdf- ./Web_Decision_-_Leaning__Liam.pdf-The panel has found the following particulars of the allegations against you proven, for ./Web_Decision_-_Leaning__Liam.pdf-these reasons: ./Web_Decision_-_Leaning__Liam.pdf- ./Web_Decision_-_Leaning__Liam.pdf-1. On one or more occasions you engaged in communication of an inappropriate ./Web_Decision_-_Leaning__Liam.pdf-and/or adult nature with Pupil A, a 12/13 year old boy, in particular you: ./Web_Decision_-_Leaning__Liam.pdf- ./Web_Decision_-_Leaning__Liam.pdf:1.a. made references to relationships and/or sexual behaviour and/or sexual ./Web_Decision_-_Leaning__Liam.pdf-orientation as set out in Schedule A; ./Web_Decision_-_Leaning__Liam.pdf- ./Web_Decision_-_Leaning__Liam.pdf-1.b. made references to being in the bath while messaging Pupil A as set out in ./Web_Decision_-_Leaning__Liam.pdf-Schedule B, ./Web_Decision_-_Leaning__Liam.pdf- ./Web_Decision_-_Leaning__Liam.pdf-1.c. made references to massages as set out in Schedule C, ./Web_Decision_-_Leaning__Liam.pdf- ./Web_Decision_-_Leaning__Liam.pdf-1.d. made references to sunbathing as set out in Schedule D, and ./Web_Decision_-_Leaning__Liam.pdf- ./Web_Decision_-_Leaning__Liam.pdf-1.e. made references to what you were wearing as set out in Schedule E; -- ./Web_Decision_-_Leaning__Liam.pdf-2. You previously taught Pupil A at School A; ./Web_Decision_-_Leaning__Liam.pdf- ./Web_Decision_-_Leaning__Liam.pdf-Mr Leaning has admitted that he previously taught Pupil A at School A (p.253, paragraph ./Web_Decision_-_Leaning__Liam.pdf-12), and this issue does not appear to have been in dispute. ./Web_Decision_-_Leaning__Liam.pdf- ./Web_Decision_-_Leaning__Liam.pdf-The panel is therefore satisfied that this allegation has been proven. ./Web_Decision_-_Leaning__Liam.pdf- ./Web_Decision_-_Leaning__Liam.pdf:3. Your actions as set out at paragraph 1 above were sexually motivated ./Web_Decision_-_Leaning__Liam.pdf- ./Web_Decision_-_Leaning__Liam.pdf-The panel has seen and heard considerable evidence regarding Mr Leaning’s character ./Web_Decision_-_Leaning__Liam.pdf-and potential motivation for his actions in messaging Pupil A. The panel has been mindful ./Web_Decision_-_Leaning__Liam.pdf:of the legal advice to assess sexual motivation in two stages: firstly to consider whether ./Web_Decision_-_Leaning__Liam.pdf:reasonable persons would think the behaviour found proven could be sexual, i.e. the ./Web_Decision_-_Leaning__Liam.pdf-objective limb, and secondly to decide whether in all the circumstances of the conduct in ./Web_Decision_-_Leaning__Liam.pdf:the case, Mr Leaning’s purpose of such behaviour was sexual, i.e. the subjective limb. ./Web_Decision_-_Leaning__Liam.pdf- ./Web_Decision_-_Leaning__Liam.pdf-The panel has heard from Witness A, who has been the LADO at Luton Borough Council ./Web_Decision_-_Leaning__Liam.pdf-since 2009 and has received and delivered a significant amount of training on ./Web_Decision_-_Leaning__Liam.pdf-safeguarding issues. He explained to the panel that to the best of his knowledge and ./Web_Decision_-_Leaning__Liam.pdf-experience there is a wide spectrum of signs which may indicate grooming behaviour, ./Web_Decision_-_Leaning__Liam.pdf-and these can include befriending a child, giving them special attention, and changing the ./Web_Decision_-_Leaning__Liam.pdf-normal boundaries of the adult-child relationship. The communications are often subtle ./Web_Decision_-_Leaning__Liam.pdf-and may be designed to test how the child might respond to certain suggestions. This ./Web_Decision_-_Leaning__Liam.pdf-may take place over some time, and the child may become desensitised to the ./Web_Decision_-_Leaning__Liam.pdf-behaviour, which makes them more susceptible to abuse. ./Web_Decision_-_Leaning__Liam.pdf- ./Web_Decision_-_Leaning__Liam.pdf-Witness A’s principal concerns about Mr Leaning’s messages to Pupil A were that they ./Web_Decision_-_Leaning__Liam.pdf:were all initiated by Mr Leaning, any potentially sexual topics were always introduced by ./Web_Decision_-_Leaning__Liam.pdf-him, and he appears to have persisted with the topic even if Pupil A did not respond. In ./Web_Decision_-_Leaning__Liam.pdf-his view, the messages included winks and kisses, and many of them were sent late at ./Web_Decision_-_Leaning__Liam.pdf-night or early in the morning. He was also concerned that the content of the messages ./Web_Decision_-_Leaning__Liam.pdf-concerned partying, getting drunk, kisses and relationships, and, in his opinion, these ./Web_Decision_-_Leaning__Liam.pdf-topics could potentially be seen as being designed to reduce the pupil’s resistance. ./Web_Decision_-_Leaning__Liam.pdf- ./Web_Decision_-_Leaning__Liam.pdf:Mr Leaning has told the panel that his communications with Pupil A were not sexually ./Web_Decision_-_Leaning__Liam.pdf-motivated. He explained that he [redacted] and knew the whole family well [redacted]. Mr ./Web_Decision_-_Leaning__Liam.pdf-Leaning viewed Pupil A as a family friend, who he had known since he was a baby, and ./Web_Decision_-_Leaning__Liam.pdf-who he would have seen at family events or in passing. He could not recall who initiated ./Web_Decision_-_Leaning__Liam.pdf-the friendship on Facebook, but explained that this link would have been visible to Pupil ./Web_Decision_-_Leaning__Liam.pdf-A’s parents [redacted], who were also Facebook friends. Mr Leaning said that he would ./Web_Decision_-_Leaning__Liam.pdf-often unwind at home in the evenings in the bath and use Facebook to chat to his friends ./Web_Decision_-_Leaning__Liam.pdf-who were online at the time. He would often be chatting with several people at the same ./Web_Decision_-_Leaning__Liam.pdf-time and not paying full attention to what he was saying. ./Web_Decision_-_Leaning__Liam.pdf- ./Web_Decision_-_Leaning__Liam.pdf-With regard to the adult nature of some of his messages, Mr Leaning fully accepted that -- ./Web_Decision_-_Leaning__Liam.pdf-uncomfortable. He said his comments were jokey and part of banter with Pupil A, and he ./Web_Decision_-_Leaning__Liam.pdf-did not take into account his age at the time. He was simply communicating with him as ./Web_Decision_-_Leaning__Liam.pdf-he would have done with any other friends. He provided the panel with additional ./Web_Decision_-_Leaning__Liam.pdf-documents setting out extracts from his social media accounts showing his use of ./Web_Decision_-_Leaning__Liam.pdf-language and emojis, which were consistent with those used in his messages with Pupil ./Web_Decision_-_Leaning__Liam.pdf-A. However, Mr Leaning acknowledged that none of his other friends on Facebook or ./Web_Decision_-_Leaning__Liam.pdf-Twitter were under the age of 16. ./Web_Decision_-_Leaning__Liam.pdf- ./Web_Decision_-_Leaning__Liam.pdf-The panel has also heard evidence from four witnesses on behalf of Mr Leaning. They all ./Web_Decision_-_Leaning__Liam.pdf-held Mr Leaning in high regard and said that his messages were inappropriate, but not ./Web_Decision_-_Leaning__Liam.pdf:sexually motivated, but rather naïve, silly and ill-advised. All accepted that if a parent ./Web_Decision_-_Leaning__Liam.pdf-approached them to raise concerns about similar messages, they would investigate. ./Web_Decision_-_Leaning__Liam.pdf-However, all were certain that in Mr Leaning’s case, his motivation for engaging in these ./Web_Decision_-_Leaning__Liam.pdf-communications was entirely innocent. ./Web_Decision_-_Leaning__Liam.pdf- ./Web_Decision_-_Leaning__Liam.pdf:The panel has firstly considered the objective test for sexual motivation, i.e. whether ./Web_Decision_-_Leaning__Liam.pdf:reasonable persons would think that Mr Leaning’s messages to pupil A could be sexual. ./Web_Decision_-_Leaning__Liam.pdf-The panel has noted that Mr Leaning’s supporting witnesses all considered that on the ./Web_Decision_-_Leaning__Liam.pdf-face of it, there were legitimate explanations for his messages, which did not necessarily ./Web_Decision_-_Leaning__Liam.pdf:have sexual undertones. ./Web_Decision_-_Leaning__Liam.pdf- ./Web_Decision_-_Leaning__Liam.pdf:However, in the panel’s view, some of the messages were clearly sexual in nature. For ./Web_Decision_-_Leaning__Liam.pdf-example, Mr Leaning talked to Pupil A about “chatting up all the birds”, “pulling” girls at a ./Web_Decision_-_Leaning__Liam.pdf-pool party and having “more chance with the lads” (p.46), and he also talked about what ./Web_Decision_-_Leaning__Liam.pdf-types of relationships some people might like (p.66). All discussions were initiated by Mr ./Web_Decision_-_Leaning__Liam.pdf-Leaning, and many followed a similar pattern of being directed to topics of a personal or ./Web_Decision_-_Leaning__Liam.pdf:sexual nature, even where Pupil A did not seem particularly interested. On the face of it, ./Web_Decision_-_Leaning__Liam.pdf-the messages appear to have been attempting to draw Pupil A into conversations of a ./Web_Decision_-_Leaning__Liam.pdf:sexual nature, and in the panel’s view the motivation for these conversations would be ./Web_Decision_-_Leaning__Liam.pdf:considered by reasonable persons on an objective basis to have been sexual. ./Web_Decision_-_Leaning__Liam.pdf- ./Web_Decision_-_Leaning__Liam.pdf-The panel has also considered whether Mr Leaning’s own motivation, on a subjective ./Web_Decision_-_Leaning__Liam.pdf:basis, would have been sexual. In assessing Mr Leaning’s state of mind, the panel has ./Web_Decision_-_Leaning__Liam.pdf-considered his credibility when giving evidence. In the panel’s view, Mr Leaning has ./Web_Decision_-_Leaning__Liam.pdf-given some conflicting accounts and implausible explanations, which cast doubt on his ./Web_Decision_-_Leaning__Liam.pdf-credibility. ./Web_Decision_-_Leaning__Liam.pdf- ./Web_Decision_-_Leaning__Liam.pdf-For example, he had commented to Pupil A that he had “more luck with the other side ./Web_Decision_-_Leaning__Liam.pdf-when I go out” (p.62). In his evidence before the panel, Mr Leaning explained that he ./Web_Decision_-_Leaning__Liam.pdf-meant that he would have more luck being chatted up by someone rather than chatting ./Web_Decision_-_Leaning__Liam.pdf-someone up himself. However, in his interview with the school on 26 June 2014, he said ./Web_Decision_-_Leaning__Liam.pdf-he meant that he was referring to New York and “across the pond” as being the other ./Web_Decision_-_Leaning__Liam.pdf-side (p.82). In his subsequent interview with the police on 16 October 2014, he accepted -- ./Web_Decision_-_Leaning__Liam.pdf-Mr Leaning has also told the panel that there was nothing in particular which had led him ./Web_Decision_-_Leaning__Liam.pdf-to use particular emojis in his messages, so sometimes he would use a smiley face and ./Web_Decision_-_Leaning__Liam.pdf-sometimes a winking face, but these in themselves did not mean anything. The panel ./Web_Decision_-_Leaning__Liam.pdf-does not find it credible that someone who is such a prolific and long-term user of social ./Web_Decision_-_Leaning__Liam.pdf-media, and a specialist lead for ICT, would use emojis so randomly, and in any case, in ./Web_Decision_-_Leaning__Liam.pdf-the panel’s view, the winking faces consistently appear in messages which appear to ./Web_Decision_-_Leaning__Liam.pdf:contain sexual innuendos. ./Web_Decision_-_Leaning__Liam.pdf- ./Web_Decision_-_Leaning__Liam.pdf-The panel is also of the view that Mr Leaning has been evasive in some of his responses ./Web_Decision_-_Leaning__Liam.pdf-to questions from the presenting officer and from the panel, and he frequently did not ./Web_Decision_-_Leaning__Liam.pdf-give direct answers. ./Web_Decision_-_Leaning__Liam.pdf- ./Web_Decision_-_Leaning__Liam.pdf-In addition, the panel does not consider that many of Mr Leaning’s explanations for his ./Web_Decision_-_Leaning__Liam.pdf-communications stand up to scrutiny. In particular, his primary argument is that Pupil A ./Web_Decision_-_Leaning__Liam.pdf-was a family friend. However, Mr Leaning has accepted that he had not seen Pupil A in ./Web_Decision_-_Leaning__Liam.pdf-person for a couple years prior to his disciplinary interviews (p.91) and that he had never ./Web_Decision_-_Leaning__Liam.pdf-spent any significant time with him, such as during babysitting, or going out on trips ./Web_Decision_-_Leaning__Liam.pdf-[redacted]. In these circumstances, the panel finds it difficult to see how there could have ./Web_Decision_-_Leaning__Liam.pdf-been any meaningful pre-existing contact between Mr Leaning and Pupil A that would ./Web_Decision_-_Leaning__Liam.pdf:establish a context for direct communications of an adult and sexual nature. In light of ./Web_Decision_-_Leaning__Liam.pdf-this, the panel is concerned about why Mr Leaning was messaging Pupil A at all. ./Web_Decision_-_Leaning__Liam.pdf- ./Web_Decision_-_Leaning__Liam.pdf-Mr Leaning has also explained that he simply did not take into account Pupil A’s age ./Web_Decision_-_Leaning__Liam.pdf-when he was communicating with him, so he messaged him in the same way as he ./Web_Decision_-_Leaning__Liam.pdf-would have any other friends. The panel accepts that Mr Leaning commonly shared ./Web_Decision_-_Leaning__Liam.pdf-personal information on social media, such as about getting tanned, engaging in sports, ./Web_Decision_-_Leaning__Liam.pdf-having baths and getting massages, and his use of language was consistent with his ./Web_Decision_-_Leaning__Liam.pdf-communications with his other, adult, friends. However, the panel does not believe that ./Web_Decision_-_Leaning__Liam.pdf-Mr Leaning can have forgotten Pupil A’s age, particularly given that on a number of ./Web_Decision_-_Leaning__Liam.pdf-occasions they discussed homework, school holidays and Mr Leaning’s own teaching -- ./Web_Decision_-_Leaning__Liam.pdf-that Mr Leaning has never asked Pupil A to keep the private messages secret, it is the ./Web_Decision_-_Leaning__Liam.pdf-panel’s view that if the messages had been nothing untoward, it would have been natural ./Web_Decision_-_Leaning__Liam.pdf-for Mr Leaning to have mentioned his interactions with Pupil A when he saw [redacted] ./Web_Decision_-_Leaning__Liam.pdf-from time to time over the 16 months during which Mr Leaning was messaging Pupil A. ./Web_Decision_-_Leaning__Liam.pdf-However, Mr Leaning never mentioned the communications with Pupil A to anyone. ./Web_Decision_-_Leaning__Liam.pdf-When asked why he had not, he said that it had never come up in conversation. ./Web_Decision_-_Leaning__Liam.pdf- ./Web_Decision_-_Leaning__Liam.pdf-Of most concern to the panel is the pattern of each of the conversations and the gradual ./Web_Decision_-_Leaning__Liam.pdf-escalation of the topics. The conversations start in a seemingly innocuous manner, but ./Web_Decision_-_Leaning__Liam.pdf-are quickly steered on to some personal topic. Over time, there was a gradual increase in ./Web_Decision_-_Leaning__Liam.pdf:sexual innuendos and the use of emojis, which appear to soften the messages being ./Web_Decision_-_Leaning__Liam.pdf-delivered. In the final exchange in the evening of 21 May 2014, Mr Leaning abruptly ./Web_Decision_-_Leaning__Liam.pdf-introduced the topic of romance, and queried whether being in a relationship with a male ./Web_Decision_-_Leaning__Liam.pdf-or female would be less stressful (p.66). He then moved the conversation along and said ./Web_Decision_-_Leaning__Liam.pdf-to Pupil A: “as u go along if u try different things it’s a learning curve just be happy and ./Web_Decision_-_Leaning__Liam.pdf-stay safe  it’s what I did  … It’s like shopping try before u buy” (p.67). He then ./Web_Decision_-_Leaning__Liam.pdf-prompted Pupil A to confirm whether he would want to try. ./Web_Decision_-_Leaning__Liam.pdf- ./Web_Decision_-_Leaning__Liam.pdf-In the panel’s view, the context of this conversation was clearly relationships and ./Web_Decision_-_Leaning__Liam.pdf-romance. The panel does not find credible Mr Leaning’s explanation that he was simply ./Web_Decision_-_Leaning__Liam.pdf-talking about life in general, and trying different things such as different friendship groups ./Web_Decision_-_Leaning__Liam.pdf-or jobs. The panel does not consider that in that context it would have made sense to ./Web_Decision_-_Leaning__Liam.pdf-press Pupil A to confirm if he would want to try. In the panel’s view, these messages ./Web_Decision_-_Leaning__Liam.pdf-indicate that Mr Leaning was attempting to gauge Pupil A’s interest in romantic and ./Web_Decision_-_Leaning__Liam.pdf:sexual experimentation. The panel considers Mr Leaning’s explanation that this was all ./Web_Decision_-_Leaning__Liam.pdf-just naïve chat as implausible. ./Web_Decision_-_Leaning__Liam.pdf- ./Web_Decision_-_Leaning__Liam.pdf-The panel considers it telling that it is after this exchange that Pupil A raised his concerns ./Web_Decision_-_Leaning__Liam.pdf-with his mother that Mr Leaning’s messages were making him feel uncomfortable. ./Web_Decision_-_Leaning__Liam.pdf-Importantly, Pupil A had not sought any advice from Mr Leaning and they did not have ./Web_Decision_-_Leaning__Liam.pdf-the kind of close relationship where Pupil A was confiding in Mr Leaning about his ./Web_Decision_-_Leaning__Liam.pdf-personal issues. There was simply no legitimate reason for Mr Leaning to raise these ./Web_Decision_-_Leaning__Liam.pdf-issues, and the panel’s view is that these communications were driven by Mr Leaning’s ./Web_Decision_-_Leaning__Liam.pdf:sexual motivation. ./Web_Decision_-_Leaning__Liam.pdf- ./Web_Decision_-_Leaning__Liam.pdf-The panel has also taken careful account of the evidence of Mr Leaning’s four supporting ./Web_Decision_-_Leaning__Liam.pdf-witnesses, when assessing Mr Leaning’s state of mind. As noted earlier, all were ./Web_Decision_-_Leaning__Liam.pdf:convinced that Mr Leaning could not have been sexually motivated in his ./Web_Decision_-_Leaning__Liam.pdf-communications towards Pupil A. In the panel’s view, they all had such unshaken belief ./Web_Decision_-_Leaning__Liam.pdf-in him that they were unable to read the messages objectively. When questioned about ./Web_Decision_-_Leaning__Liam.pdf-the meaning of some of the messages, some witnesses took time to respond while they ./Web_Decision_-_Leaning__Liam.pdf-appeared to think about possible alternative explanations for them, as they simply could ./Web_Decision_-_Leaning__Liam.pdf-not accept what was before them. ./Web_Decision_-_Leaning__Liam.pdf- ./Web_Decision_-_Leaning__Liam.pdf- ./Web_Decision_-_Leaning__Liam.pdf- 11 ./Web_Decision_-_Leaning__Liam.pdf- -- ./Web_Decision_-_Leaning__Liam.pdf-All were heavily influenced by the fact that Pupil A was apparently a family friend, which ./Web_Decision_-_Leaning__Liam.pdf-they had been told by Mr Leaning himself, and which they accepted without question. ./Web_Decision_-_Leaning__Liam.pdf-They also had not all seen the entirety of the messages between Mr Leaning and Pupil A, ./Web_Decision_-_Leaning__Liam.pdf-in some cases until the day of the hearing itself. At least one witness was unaware that ./Web_Decision_-_Leaning__Liam.pdf-Pupil A had not sought any particular advice from Mr Leaning which could have ./Web_Decision_-_Leaning__Liam.pdf-explained the nature of some of the conversations. ./Web_Decision_-_Leaning__Liam.pdf- ./Web_Decision_-_Leaning__Liam.pdf-In the panel’s view, they all viewed the communications through the prism of friendship ./Web_Decision_-_Leaning__Liam.pdf-and loyalty towards Mr Leaning. Despite all the witnesses having had substantial ./Web_Decision_-_Leaning__Liam.pdf-safeguarding training, and some having accepted that that some of the messages ./Web_Decision_-_Leaning__Liam.pdf:contained sexual innuendo, none were prepared to recognise the messages as potential ./Web_Decision_-_Leaning__Liam.pdf-signs of grooming behaviour. Whilst they accepted that people who exploit children are ./Web_Decision_-_Leaning__Liam.pdf-often trusted family friends, they were adamant that there was no possibility of this in Mr ./Web_Decision_-_Leaning__Liam.pdf-Leaning’s case. It was apparent that they all wanted to protect Mr Leaning, even in the ./Web_Decision_-_Leaning__Liam.pdf:face of messages that were very clearly of a sexual nature and in an inappropriate ./Web_Decision_-_Leaning__Liam.pdf-context. ./Web_Decision_-_Leaning__Liam.pdf- ./Web_Decision_-_Leaning__Liam.pdf-In these circumstances, the panel has placed little weight on these witnesses’ evidence. ./Web_Decision_-_Leaning__Liam.pdf- ./Web_Decision_-_Leaning__Liam.pdf-In conclusion, the panel is satisfied that it is more likely than not that Mr Leaning’s ./Web_Decision_-_Leaning__Liam.pdf:conduct as set out in allegation 1 was sexually motivated, and therefore the panel has ./Web_Decision_-_Leaning__Liam.pdf-found this allegation 3 proven. ./Web_Decision_-_Leaning__Liam.pdf- ./Web_Decision_-_Leaning__Liam.pdf-Findings as to unacceptable professional conduct and/or conduct that ./Web_Decision_-_Leaning__Liam.pdf-may bring the profession into disrepute ./Web_Decision_-_Leaning__Liam.pdf-Having found all of the allegations to have been proven, the panel has gone on to ./Web_Decision_-_Leaning__Liam.pdf-consider whether the facts of those proven allegations amount to unacceptable ./Web_Decision_-_Leaning__Liam.pdf-professional conduct and/or conduct that may bring the profession into disrepute. In ./Web_Decision_-_Leaning__Liam.pdf-doing so, the panel has had regard to the document Teacher Misconduct: The Prohibition ./Web_Decision_-_Leaning__Liam.pdf-of Teachers, which will be referred to as “the Advice”, as well as the Teachers’ ./Web_Decision_-_Leaning__Liam.pdf-Standards. -- ./Web_Decision_-_Leaning__Liam.pdf-  Teachers must have proper and professional regard for the ethos, policies and ./Web_Decision_-_Leaning__Liam.pdf- practices of the school in which they teach… and ./Web_Decision_-_Leaning__Liam.pdf-  Teachers must have an understanding of, and always act within, the statutory ./Web_Decision_-_Leaning__Liam.pdf- frameworks which set out their professional duties and responsibilities. ./Web_Decision_-_Leaning__Liam.pdf:Given Mr Leaning’s conduct of sexually motivated private communications with Pupil A ./Web_Decision_-_Leaning__Liam.pdf-over a significant period of time, the panel is satisfied that his conduct fell significantly ./Web_Decision_-_Leaning__Liam.pdf-short of the standards expected of the profession. ./Web_Decision_-_Leaning__Liam.pdf- ./Web_Decision_-_Leaning__Liam.pdf-In accordance with the Advice, the panel has also considered whether Mr Leaning’s ./Web_Decision_-_Leaning__Liam.pdf-conduct displayed behaviours associated with any of the offences listed on pages 8 and ./Web_Decision_-_Leaning__Liam.pdf-9 of the Advice and the panel has found that none of these offences are relevant. ./Web_Decision_-_Leaning__Liam.pdf- ./Web_Decision_-_Leaning__Liam.pdf-The panel notes that the communications with Pupil A took place outside of the education ./Web_Decision_-_Leaning__Liam.pdf-setting, and in this case, misconduct will only amount to unacceptable professional ./Web_Decision_-_Leaning__Liam.pdf-conduct if it affects the way the person fulfils their teaching role or if it may lead to pupils ./Web_Decision_-_Leaning__Liam.pdf-being exposed to or influenced by the behaviour in a harmful way. In Mr Leaning’s case, ./Web_Decision_-_Leaning__Liam.pdf:it is clear in the panel’s view that sexually motivated communications with a 12-13 year ./Web_Decision_-_Leaning__Liam.pdf-old boy may lead to his being exposed to or influenced by Mr Leaning’s behaviour in a ./Web_Decision_-_Leaning__Liam.pdf-harmful way. ./Web_Decision_-_Leaning__Liam.pdf- ./Web_Decision_-_Leaning__Liam.pdf-Accordingly, the panel is satisfied that Mr Leaning is guilty of unacceptable professional ./Web_Decision_-_Leaning__Liam.pdf-conduct. ./Web_Decision_-_Leaning__Liam.pdf- ./Web_Decision_-_Leaning__Liam.pdf-Turning to conduct that may bring the profession into disrepute, the panel has taken into ./Web_Decision_-_Leaning__Liam.pdf-account how the teaching profession is viewed by others and has considered the ./Web_Decision_-_Leaning__Liam.pdf-influence that teachers may have on pupils, parents and others in the community. The ./Web_Decision_-_Leaning__Liam.pdf-panel has taken account of the uniquely influential role that teachers can hold in pupils’ -- ./Web_Decision_-_Leaning__Liam.pdf-In carrying out the balancing exercise the panel has considered the public interest ./Web_Decision_-_Leaning__Liam.pdf-considerations both in favour of and against prohibition as well as the interests of Mr ./Web_Decision_-_Leaning__Liam.pdf-Leaning. The panel has taken further account of the Advice, which suggests that a ./Web_Decision_-_Leaning__Liam.pdf-prohibition order may be appropriate if certain behaviours of a teacher have been proven. ./Web_Decision_-_Leaning__Liam.pdf-These behaviours include: ./Web_Decision_-_Leaning__Liam.pdf- ./Web_Decision_-_Leaning__Liam.pdf-  serious departure from the personal and professional conduct elements of the ./Web_Decision_-_Leaning__Liam.pdf- Teachers’ Standards; ./Web_Decision_-_Leaning__Liam.pdf-  misconduct seriously affecting the education and/or well-being of pupils, and ./Web_Decision_-_Leaning__Liam.pdf- particularly where there is a continuing risk; and ./Web_Decision_-_Leaning__Liam.pdf:  sexual misconduct, e.g. involving actions that were sexually motivated or of a ./Web_Decision_-_Leaning__Liam.pdf: sexual nature and/or that use or exploit the trust, knowledge or influence derived ./Web_Decision_-_Leaning__Liam.pdf- from the individual’s professional position. ./Web_Decision_-_Leaning__Liam.pdf-Even though there were behaviours that would point to a prohibition order being ./Web_Decision_-_Leaning__Liam.pdf-appropriate, the panel has gone on to consider whether or not there were sufficient ./Web_Decision_-_Leaning__Liam.pdf-mitigating factors to militate against a prohibition order being an appropriate and ./Web_Decision_-_Leaning__Liam.pdf- ./Web_Decision_-_Leaning__Liam.pdf- 14 ./Web_Decision_-_Leaning__Liam.pdf- -- ./Web_Decision_-_Leaning__Liam.pdf-State that a prohibition order should be imposed with immediate effect. ./Web_Decision_-_Leaning__Liam.pdf- ./Web_Decision_-_Leaning__Liam.pdf-The panel has gone on to consider whether or not it would be appropriate for it to decide ./Web_Decision_-_Leaning__Liam.pdf-to recommend that a review period of the order should be considered. The panel has ./Web_Decision_-_Leaning__Liam.pdf-been mindful that the Advice advises that a prohibition order applies for life, but there ./Web_Decision_-_Leaning__Liam.pdf-may be circumstances in any given case that may make it appropriate to allow a teacher ./Web_Decision_-_Leaning__Liam.pdf-to apply to have the prohibition order reviewed after a specified period of time that may ./Web_Decision_-_Leaning__Liam.pdf-not be less than 2 years. ./Web_Decision_-_Leaning__Liam.pdf- ./Web_Decision_-_Leaning__Liam.pdf-The Advice indicates that there are behaviours that, if proven, would militate against a ./Web_Decision_-_Leaning__Liam.pdf:review period being recommended. These behaviours include serious sexual ./Web_Decision_-_Leaning__Liam.pdf:misconduct, e.g. where the act was sexually motivated and resulted in or had the ./Web_Decision_-_Leaning__Liam.pdf-potential to result in, harm to a person or persons, particularly where the individual has ./Web_Decision_-_Leaning__Liam.pdf-used their professional position to influence or exploit a person or persons. In Mr ./Web_Decision_-_Leaning__Liam.pdf:Leaning’s case, whilst his actions were sexually motivated and fell significantly short of ./Web_Decision_-_Leaning__Liam.pdf-the standards expected of a teacher, the panel does not consider that they fell within the ./Web_Decision_-_Leaning__Liam.pdf-type of very serious behaviour envisaged by the Advice. ./Web_Decision_-_Leaning__Liam.pdf- ./Web_Decision_-_Leaning__Liam.pdf-In addition, the panel notes that Mr Leaning admitted very early on that his ./Web_Decision_-_Leaning__Liam.pdf-communications were inappropriate and made Pupil A feel uncomfortable. In his ./Web_Decision_-_Leaning__Liam.pdf-interviews with the school’s investigators in June 2014, he expressed regret over his ./Web_Decision_-_Leaning__Liam.pdf-actions and offered his apologies to Pupil A. The panel also recognises that Mr Leaning ./Web_Decision_-_Leaning__Liam.pdf-has been living with the uncertainty of the consequences of his actions since then, having ./Web_Decision_-_Leaning__Liam.pdf-gone through investigations by the school, the DBS and the police. These two years’ ./Web_Decision_-_Leaning__Liam.pdf-pressure and anxiety would have been a very difficult time for Mr Leaning both personally -- ./Web_Decision_-_Leaning__Liam.pdf- ethics and behaviour, within and outside school, by ./Web_Decision_-_Leaning__Liam.pdf- o treating pupils with dignity, building relationships rooted in mutual respect, and ./Web_Decision_-_Leaning__Liam.pdf- at all times observing proper boundaries appropriate to a teacher’s ./Web_Decision_-_Leaning__Liam.pdf- professional position; ./Web_Decision_-_Leaning__Liam.pdf- o having regard for the need to safeguard pupils’ well-being, in accordance with ./Web_Decision_-_Leaning__Liam.pdf- statutory provisions… ./Web_Decision_-_Leaning__Liam.pdf-  Teachers must have proper and professional regard for the ethos, policies and ./Web_Decision_-_Leaning__Liam.pdf- practices of the school in which they teach… and ./Web_Decision_-_Leaning__Liam.pdf-  Teachers must have an understanding of, and always act within, the statutory ./Web_Decision_-_Leaning__Liam.pdf- frameworks which set out their professional duties and responsibilities. ./Web_Decision_-_Leaning__Liam.pdf:The panel also found that Mr Leaning’s conduct of sexually motivated private ./Web_Decision_-_Leaning__Liam.pdf-communications with Pupil A was over a significant period of time and the panel is ./Web_Decision_-_Leaning__Liam.pdf-satisfied that his conduct fell significantly short of the standards expected of the ./Web_Decision_-_Leaning__Liam.pdf-profession. ./Web_Decision_-_Leaning__Liam.pdf- ./Web_Decision_-_Leaning__Liam.pdf-I have considered the particular public interest considerations set out in the Advice and I ./Web_Decision_-_Leaning__Liam.pdf-am of the view that the following are relevant: ./Web_Decision_-_Leaning__Liam.pdf- ./Web_Decision_-_Leaning__Liam.pdf-  the protection of pupils: The panel noted that Mr Leaning has already taken some ./Web_Decision_-_Leaning__Liam.pdf- steps to ensure his behaviour is not repeated in the future, such as by removing ./Web_Decision_-_Leaning__Liam.pdf- ./Web_decision_-_Long__Johua.pdf-should be made, the panel has to consider whether it is an appropriate and proportionate ./Web_decision_-_Long__Johua.pdf-measure, and whether it is in the public interest to do so. Prohibition orders should not be ./Web_decision_-_Long__Johua.pdf-given in order to be punitive, or to show that blame has been apportioned, although they ./Web_decision_-_Long__Johua.pdf-are likely to have punitive effect. ./Web_decision_-_Long__Johua.pdf- ./Web_decision_-_Long__Johua.pdf-The panel has considered the particular public interest considerations set out in the ./Web_decision_-_Long__Johua.pdf-Advice and having done so has found a number of them to be relevant in this case, ./Web_decision_-_Long__Johua.pdf-namely the protection of pupils, the maintenance of public confidence in the profession ./Web_decision_-_Long__Johua.pdf-and declaring and upholding proper standards of conduct. ./Web_decision_-_Long__Johua.pdf- ./Web_decision_-_Long__Johua.pdf:There has been no allegation that Mr Long’s conduct was sexually motivated. The panel ./Web_decision_-_Long__Johua.pdf-also notes that the conduct which led to the conviction was not such that the Magistrates’ ./Web_decision_-_Long__Johua.pdf-Court made a restraining order. However, the panel still considers that Mr Long’s ./Web_decision_-_Long__Johua.pdf-behaviour engages a strong public interest consideration in respect of the protection of ./Web_decision_-_Long__Johua.pdf-pupils. Mr Long harassed a pupil at the School at which he taught, including by ./Web_decision_-_Long__Johua.pdf- ./Web_decision_-_Long__Johua.pdf- 7 ./Web_decision_-_Long__Johua.pdf- ./Web_decision_-_Lunn_Paul.pdf- ./Web_decision_-_Lunn_Paul.pdf-It was alleged that Mr Paul Lunn is guilty of unacceptable professional conduct and/or ./Web_decision_-_Lunn_Paul.pdf-conduct that may bring the profession into disrepute in that: ./Web_decision_-_Lunn_Paul.pdf- ./Web_decision_-_Lunn_Paul.pdf-Whilst employed at Oulder Hill Community School, Mr Paul Lunn: ./Web_decision_-_Lunn_Paul.pdf- ./Web_decision_-_Lunn_Paul.pdf- 1. Engaged in an inappropriate relationship with former Pupil A. ./Web_decision_-_Lunn_Paul.pdf- ./Web_decision_-_Lunn_Paul.pdf- 2. Received inappropriate images from former Pupil A. ./Web_decision_-_Lunn_Paul.pdf- ./Web_decision_-_Lunn_Paul.pdf: 3. Engaged in sexual activity with former Pupil A. ./Web_decision_-_Lunn_Paul.pdf- ./Web_decision_-_Lunn_Paul.pdf: 4. In so doing 1-3 above, Mr Paul Lunn's actions were sexually motivated. ./Web_decision_-_Lunn_Paul.pdf- ./Web_decision_-_Lunn_Paul.pdf- 5. Failed to notify relevant safeguarding authorities about former Pupil A's self-harm ./Web_decision_-_Lunn_Paul.pdf- and suicide risk. ./Web_decision_-_Lunn_Paul.pdf- ./Web_decision_-_Lunn_Paul.pdf-The facts of the allegations were not admitted. ./Web_decision_-_Lunn_Paul.pdf- ./Web_decision_-_Lunn_Paul.pdf-No admission was made as to whether the alleged facts amounted to unacceptable ./Web_decision_-_Lunn_Paul.pdf-professional conduct or conduct that may bring the profession into dispute. ./Web_decision_-_Lunn_Paul.pdf- ./Web_decision_-_Lunn_Paul.pdf- -- ./Web_decision_-_Lunn_Paul.pdf-underwear. The panel is satisfied that Mr Lunn received inappropriate images of Pupil A ./Web_decision_-_Lunn_Paul.pdf-and therefore finds this allegation proven. ./Web_decision_-_Lunn_Paul.pdf- ./Web_decision_-_Lunn_Paul.pdf:3. Engaged in sexual activity with former Pupil A. ./Web_decision_-_Lunn_Paul.pdf- ./Web_decision_-_Lunn_Paul.pdf-In his interview with the Police Mr Lunn admitted that he and Pupil A had spent the night ./Web_decision_-_Lunn_Paul.pdf-together in a hotel when they had slept in the same bed and had cuddled and kissed. He ./Web_decision_-_Lunn_Paul.pdf-also told the Police that he considered Pupil A to be his girlfriend and that they did the ./Web_decision_-_Lunn_Paul.pdf-normal activities that couples do in the early stages of a relationship. ./Web_decision_-_Lunn_Paul.pdf- ./Web_decision_-_Lunn_Paul.pdf-The panel is satisfied that in these circumstances, the kissing and cuddling between Mr ./Web_decision_-_Lunn_Paul.pdf:Lunn and Pupil A was sexual in nature and constitutes sexual activity. When asked by ./Web_decision_-_Lunn_Paul.pdf:the Police why he had not engaged in sex with Pupil A in the hotel he said it was ./Web_decision_-_Lunn_Paul.pdf-because it was "that time of the month". This is consistent with the statement which Pupil ./Web_decision_-_Lunn_Paul.pdf-A gave to the Police. She also stated that prior to staying the night in the hotel with Mr ./Web_decision_-_Lunn_Paul.pdf-Lunn, she and Mr Lunn had spent a night sleeping in his car. She stated that during that ./Web_decision_-_Lunn_Paul.pdf:night, she and Mr Lunn touched each other sexually for the first time. ./Web_decision_-_Lunn_Paul.pdf- ./Web_decision_-_Lunn_Paul.pdf-The panel is satisfied, on the balance of probabilities, that Mr Lunn did engage in this ./Web_decision_-_Lunn_Paul.pdf:sexual activity and therefore, the panel finds this allegation proven. ./Web_decision_-_Lunn_Paul.pdf- ./Web_decision_-_Lunn_Paul.pdf:4. In so doing 1-3 above, Mr Paul Lunn's actions were sexually motivated. ./Web_decision_-_Lunn_Paul.pdf- ./Web_decision_-_Lunn_Paul.pdf-In relation to allegations 1 and 3 which the panel has found proved, the panel considered ./Web_decision_-_Lunn_Paul.pdf:that it was more likely than not that the inappropriate relationship and sexual activity with ./Web_decision_-_Lunn_Paul.pdf:Pupil A were sexually motivated. ./Web_decision_-_Lunn_Paul.pdf- ./Web_decision_-_Lunn_Paul.pdf-However, the panel is not satisfied that there is sufficient evidence to establish that the ./Web_decision_-_Lunn_Paul.pdf:passive receipt of inappropriate images was sexually motivated and therefore finds this ./Web_decision_-_Lunn_Paul.pdf-allegation not proven in relation to allegation 2. ./Web_decision_-_Lunn_Paul.pdf- ./Web_decision_-_Lunn_Paul.pdf-The panel does find this allegation proven in relation to allegations 1 and 3 only. ./Web_decision_-_Lunn_Paul.pdf- ./Web_decision_-_Lunn_Paul.pdf-5. Failed to notify relevant safeguarding authorities about former Pupil A's self- ./Web_decision_-_Lunn_Paul.pdf-harm and suicide risk. ./Web_decision_-_Lunn_Paul.pdf- ./Web_decision_-_Lunn_Paul.pdf-The panel noted that in his interview under caution, Mr Lunn stated that he was aware of ./Web_decision_-_Lunn_Paul.pdf-Pupil A's self-harming behaviour and that she had sent a picture of her self-harming to ./Web_decision_-_Lunn_Paul.pdf-him. He also stated that he believed that Pupil A was a suicide risk citing that Pupil A's -- ./Web_decision_-_Lunn_Paul.pdf-given in order to be punitive, or to show that blame has been apportioned, although they ./Web_decision_-_Lunn_Paul.pdf-are likely to have punitive effect. ./Web_decision_-_Lunn_Paul.pdf- ./Web_decision_-_Lunn_Paul.pdf-The panel has considered the particular public interest considerations set out in the ./Web_decision_-_Lunn_Paul.pdf-Advice and having done so has found them all to be relevant in this case, namely the ./Web_decision_-_Lunn_Paul.pdf-protection of pupils, the protection of other members of the public, the maintenance of ./Web_decision_-_Lunn_Paul.pdf-public confidence in the profession and declaring and upholding proper standards of ./Web_decision_-_Lunn_Paul.pdf-conduct. ./Web_decision_-_Lunn_Paul.pdf- ./Web_decision_-_Lunn_Paul.pdf-In light of the panel’s findings against Mr Lunn which involve an inappropriate relationship ./Web_decision_-_Lunn_Paul.pdf:with a former pupil and engaging in sexual activity with her, both of which were sexually ./Web_decision_-_Lunn_Paul.pdf-motivated, there is a strong public interest consideration in respect of the protection of ./Web_decision_-_Lunn_Paul.pdf-pupils given the serious findings of inappropriate relationships. ./Web_decision_-_Lunn_Paul.pdf- ./Web_decision_-_Lunn_Paul.pdf-Similarly, the panel considers that public confidence in the profession could be seriously ./Web_decision_-_Lunn_Paul.pdf-weakened if conduct such as that found against Mr Lunn were not treated with the utmost ./Web_decision_-_Lunn_Paul.pdf-seriousness when regulating the conduct of the profession. ./Web_decision_-_Lunn_Paul.pdf- ./Web_decision_-_Lunn_Paul.pdf-The panel considers that a strong public interest consideration in declaring proper ./Web_decision_-_Lunn_Paul.pdf-standards of conduct in the profession was also present as the conduct found against Mr ./Web_decision_-_Lunn_Paul.pdf-Lunn was outside that which could reasonably be tolerated. -- ./Web_decision_-_Lunn_Paul.pdf-  serious departure from the personal and professional conduct elements of the ./Web_decision_-_Lunn_Paul.pdf- Teachers’ Standards; ./Web_decision_-_Lunn_Paul.pdf-  abuse of position or trust (particularly involving vulnerable pupils) or violation of the ./Web_decision_-_Lunn_Paul.pdf- rights of pupils; ./Web_decision_-_Lunn_Paul.pdf:  sexual misconduct, eg involving actions that were sexually motivated or of a ./Web_decision_-_Lunn_Paul.pdf: sexual nature and/or that use or exploit the trust, knowledge or influence derived ./Web_decision_-_Lunn_Paul.pdf- from the individual’s professional position; ./Web_decision_-_Lunn_Paul.pdf-Even though there were behaviours that would point to the appropriateness of a ./Web_decision_-_Lunn_Paul.pdf-prohibition order, the panel went on to consider whether or not there were sufficient ./Web_decision_-_Lunn_Paul.pdf-mitigating factors to militate against the appropriateness of a prohibition order and ./Web_decision_-_Lunn_Paul.pdf-whether it would be a proportionate measure to impose, particularly taking into account ./Web_decision_-_Lunn_Paul.pdf-the nature and severity of the behaviour in this case. ./Web_decision_-_Lunn_Paul.pdf- ./Web_decision_-_Lunn_Paul.pdf-There was no evidence that Mr Lunn’s actions were not deliberate and Mr Lunn has not ./Web_decision_-_Lunn_Paul.pdf-shown insight or expressed remorse regarding his relationship with Pupil A. He did not ./Web_decision_-_Lunn_Paul.pdf-seem to appreciate that his own actions had created the situation with Pupil A. There was -- ./Web_decision_-_Lunn_Paul.pdf-prohibition order should be imposed with immediate effect. ./Web_decision_-_Lunn_Paul.pdf- ./Web_decision_-_Lunn_Paul.pdf-The panel went on to consider whether or not it would be appropriate for them to decide ./Web_decision_-_Lunn_Paul.pdf-to recommend that a review period of the order should be considered. The panel was ./Web_decision_-_Lunn_Paul.pdf-mindful that the Advice states that a prohibition order applies for life, but there may be ./Web_decision_-_Lunn_Paul.pdf-circumstances in any given case that may make it appropriate to allow a teacher to apply ./Web_decision_-_Lunn_Paul.pdf-to have the prohibition order reviewed after a specified period of time that may not be ./Web_decision_-_Lunn_Paul.pdf-less than two years. ./Web_decision_-_Lunn_Paul.pdf- ./Web_decision_-_Lunn_Paul.pdf-The Advice indicates that there are behaviours that, if proven, would militate against the ./Web_decision_-_Lunn_Paul.pdf:recommendation of a review period. The behaviours include serious sexual misconduct, ./Web_decision_-_Lunn_Paul.pdf:including where the act was sexually motivated and resulted in or had the potential to ./Web_decision_-_Lunn_Paul.pdf-result in, harm to a person, particularly where the individual has used their professional ./Web_decision_-_Lunn_Paul.pdf-position to influence or exploit a person. However, we took into account Mr Lunn's good ./Web_decision_-_Lunn_Paul.pdf-previous history, that he was going through a difficult period in his personal life and that ./Web_decision_-_Lunn_Paul.pdf:although he was engaged an inappropriate relationship in sexual activity this was not at ./Web_decision_-_Lunn_Paul.pdf:the higher end of the scale of sexual misconduct. Whilst inappropriate, the relationship ./Web_decision_-_Lunn_Paul.pdf-with Pupil A did not take place when Pupil A was a pupil. There is no evidence that Mr ./Web_decision_-_Lunn_Paul.pdf:Lunn engaged in sexual intercourse with Pupil A. Pupil A was aged 16 years at the time ./Web_decision_-_Lunn_Paul.pdf- ./Web_decision_-_Lunn_Paul.pdf- ./Web_decision_-_Lunn_Paul.pdf- 11 ./Web_decision_-_Lunn_Paul.pdf- -- ./Web_decision_-_Lunn_Paul.pdf-expected of the profession. ./Web_decision_-_Lunn_Paul.pdf- ./Web_decision_-_Lunn_Paul.pdf-I note that in relation to Mr Lunn’s relationship with Pupil A, the panel considers this ./Web_decision_-_Lunn_Paul.pdf-originated from a situation in which Mr Lunn was in a position of trust. I also note that the ./Web_decision_-_Lunn_Paul.pdf-panel is particularly concerned that Mr Lunn failed to notify relevant safeguarding ./Web_decision_-_Lunn_Paul.pdf-authorities about Pupil A’s self-harming. ./Web_decision_-_Lunn_Paul.pdf- ./Web_decision_-_Lunn_Paul.pdf-I have taken into account the public interest considerations in this case. I agree with the ./Web_decision_-_Lunn_Paul.pdf-panel that there is a strong public interest consideration in respect of the protection of ./Web_decision_-_Lunn_Paul.pdf-pupils, given the findings against Mr Lunn which involved an inappropriate relationship ./Web_decision_-_Lunn_Paul.pdf:with a former pupil and engaging in sexual activity with her, both of which were sexually ./Web_decision_-_Lunn_Paul.pdf-motivated. ./Web_decision_-_Lunn_Paul.pdf- ./Web_decision_-_Lunn_Paul.pdf- 12 ./Web_decision_-_Lunn_Paul.pdf- -- ./Web_decision_-_Lunn_Paul.pdf-I have taken into account the need to be proportionate. I have also balanced the public ./Web_decision_-_Lunn_Paul.pdf-interest with the individual interests of Mr Lunn. ./Web_decision_-_Lunn_Paul.pdf- ./Web_decision_-_Lunn_Paul.pdf-The panel has decided that the public interest considerations outweigh the interests of Mr ./Web_decision_-_Lunn_Paul.pdf-Lunn. I agree with the recommendation of the panel that Mr Lunn should be prohibited ./Web_decision_-_Lunn_Paul.pdf-from teaching. I consider this to be both proportionate and appropriate. ./Web_decision_-_Lunn_Paul.pdf- ./Web_decision_-_Lunn_Paul.pdf-I turn now to the issue of a review period. I have read with great care the thinking of the ./Web_decision_-_Lunn_Paul.pdf-panel and have given this matter a great deal of consideration. ./Web_decision_-_Lunn_Paul.pdf- ./Web_decision_-_Lunn_Paul.pdf:Mr Lunn has been found guilty of serious sexual misconduct, although I note the panel ./Web_decision_-_Lunn_Paul.pdf:found that this was not at the higher end of the scale of sexual misconduct. ./Web_decision_-_Lunn_Paul.pdf- ./Web_decision_-_Lunn_Paul.pdf-I have read carefully the panel’s thinking in relation to Mr Lunn’s good previous history ./Web_decision_-_Lunn_Paul.pdf-and their consideration that the relationship with Pupil A did not take place when she was ./Web_decision_-_Lunn_Paul.pdf-a pupil. On this basis, the panel have recommended a review period of six years. ./Web_decision_-_Lunn_Paul.pdf- ./Web_decision_-_Lunn_Paul.pdf-I differ in my view from that of the panel. I consider that the panel have given greater ./Web_decision_-_Lunn_Paul.pdf-weight to these issues than I believe is appropriate. Mr Lunn’s relationship with Pupil A ./Web_decision_-_Lunn_Paul.pdf-clearly originated from a situation in which Mr Lunn was in a position of trust, as a ./Web_decision_-_Lunn_Paul.pdf-teacher at Pupil A’s former school. In addition, Mr Lunn failed to notify relevant ./Web_decision_-_Lunn_Paul.pdf-safeguarding authorities about Pupil A’s self-harm and suicide risk. ./Web_decision_-_Lunn_Paul.pdf- ./Web_decision_-_Lunn_Paul.pdf-In my judgement this is a case where, having considered the guidance published by the ./Web_decision_-_Lunn_Paul.pdf-Secretary of State, no review is proportionate and appropriate. That guidance indicates ./Web_decision_-_Lunn_Paul.pdf-that no review may be appropriate where there is, “serious dishonesty” and serious ./Web_decision_-_Lunn_Paul.pdf:sexual misconduct e.g. where the act was sexually motivated …….where the individual ./Web_decision_-_Lunn_Paul.pdf-has used their professional position to ..exploit a person”. In my view, this case meets ./Web_decision_-_Lunn_Paul.pdf-that description. ./Web_decision_-_Lunn_Paul.pdf- ./Web_decision_-_Lunn_Paul.pdf-For the reasons set out above, I have decided that no review period should be allowed. ./Web_decision_-_Lunn_Paul.pdf- ./Web_decision_-_Lunn_Paul.pdf-This means that Mr Paul Lunn is prohibited from teaching indefinitely and cannot ./Web_decision_-_Lunn_Paul.pdf-teach in any school, sixth form college, relevant youth accommodation or ./Web_decision_-_Lunn_Paul.pdf-children’s home in England. Furthermore, in view of the seriousness of the allegations ./Web_decision_-_Lunn_Paul.pdf- ./Web_decision_-_Lunn_Paul.pdf- ./Web_Decision_-_Merrett__Richard.pdf- ./Web_Decision_-_Merrett__Richard.pdf-It was alleged that Richard Merrett was guilty of unacceptable professional conduct in ./Web_Decision_-_Merrett__Richard.pdf-that whilst he was employed at employed at Stratton Upper School he: ./Web_Decision_-_Merrett__Richard.pdf- ./Web_Decision_-_Merrett__Richard.pdf- 1. Engaged in an inappropriate relationship with Pupil A in that he: ./Web_Decision_-_Merrett__Richard.pdf- ./Web_Decision_-_Merrett__Richard.pdf- a. Sent inappropriate emails to Pupil A’s personal email address; ./Web_Decision_-_Merrett__Richard.pdf- ./Web_Decision_-_Merrett__Richard.pdf- b. Sent inappropriate messages via social medial to Pupil A including: ./Web_Decision_-_Merrett__Richard.pdf- ./Web_Decision_-_Merrett__Richard.pdf: i. Messages with sexual references ./Web_Decision_-_Merrett__Richard.pdf- ./Web_Decision_-_Merrett__Richard.pdf- ii. Referring to a former employee of the school as a “fucking waste of ./Web_Decision_-_Merrett__Richard.pdf- space”. ./Web_Decision_-_Merrett__Richard.pdf- ./Web_Decision_-_Merrett__Richard.pdf- 2. Failed to maintain professional boundaries in relation to Pupil B in that he: ./Web_Decision_-_Merrett__Richard.pdf- ./Web_Decision_-_Merrett__Richard.pdf- a. Communicated with her by email using her personal email address whilst ./Web_Decision_-_Merrett__Richard.pdf- she was a pupil at the school. ./Web_Decision_-_Merrett__Richard.pdf- ./Web_Decision_-_Merrett__Richard.pdf- b. Sent inappropriate emails to Pupil B, whilst she was still a pupil at the -- ./Web_Decision_-_Merrett__Richard.pdf-The panel was therefore satisfied that this allegation was proven. ./Web_Decision_-_Merrett__Richard.pdf- ./Web_Decision_-_Merrett__Richard.pdf- b. Sent inappropriate messages via social medial to Pupil A: ./Web_Decision_-_Merrett__Richard.pdf- ./Web_Decision_-_Merrett__Richard.pdf-Mr Merrett admitted this allegation in the statement of agreed facts signed by him on 13 ./Web_Decision_-_Merrett__Richard.pdf-May 2016 (pages 15-18). Mr Merrett also admitted this in his investigation interview on ./Web_Decision_-_Merrett__Richard.pdf-30 April 2015 (page 57). ./Web_Decision_-_Merrett__Richard.pdf- ./Web_Decision_-_Merrett__Richard.pdf-The panel was therefore satisfied that this allegation was proven. ./Web_Decision_-_Merrett__Richard.pdf- ./Web_Decision_-_Merrett__Richard.pdf: i. including messages with sexual references ./Web_Decision_-_Merrett__Richard.pdf- ./Web_Decision_-_Merrett__Richard.pdf-Mr Merrett admitted this allegation in the statement of agreed facts signed by him on 13 ./Web_Decision_-_Merrett__Richard.pdf-May 2016 (pages 15-18). The panel has also seen copies of the email correspondence ./Web_Decision_-_Merrett__Richard.pdf-between Mr Merrett and Pupil A. Such references included: ./Web_Decision_-_Merrett__Richard.pdf- ./Web_Decision_-_Merrett__Richard.pdf:  “A 9 man tent is huge!!! How can they have sex knowing you guys are in ./Web_Decision_-_Merrett__Richard.pdf- the tent?” ./Web_Decision_-_Merrett__Richard.pdf- ./Web_Decision_-_Merrett__Richard.pdf-The panel acknowledges, however, that Mr Merrett has stated on numerous occasions ./Web_Decision_-_Merrett__Richard.pdf:that there was never any sexual intent with any of the emails to his students (for ./Web_Decision_-_Merrett__Richard.pdf-example, in his Representation Statement dated 19 January 2016 (pages 119-120)). ./Web_Decision_-_Merrett__Richard.pdf- ./Web_Decision_-_Merrett__Richard.pdf-The panel was satisfied that this allegation was proven. ./Web_Decision_-_Merrett__Richard.pdf- ./Web_Decision_-_Merrett__Richard.pdf- ii. Referring to a former employee of the school as a “fucking waste ./Web_Decision_-_Merrett__Richard.pdf- of space”. ./Web_Decision_-_Merrett__Richard.pdf- ./Web_Decision_-_Merrett__Richard.pdf-Mr Merrett admitted this allegation in the statement of agreed facts signed by him on 13 ./Web_Decision_-_Merrett__Richard.pdf-May 2016 (pages 15-18) and in his investigation interview dated 30 April 2015 (page 57). ./Web_Decision_-_Merrett__Richard.pdf-He also refers to it in his Mitigation Statement dated 13 May 2016 (pages 117-118) and -- ./Web_Decision_-_Merrett__Richard.pdf-The panel was therefore satisfied that this allegation was proven. ./Web_Decision_-_Merrett__Richard.pdf- ./Web_Decision_-_Merrett__Richard.pdf- b. Sent inappropriate emails to Pupil B, whilst she was still a pupil at the ./Web_Decision_-_Merrett__Richard.pdf- school including: ./Web_Decision_-_Merrett__Richard.pdf- ./Web_Decision_-_Merrett__Richard.pdf- i. Sexual references ./Web_Decision_-_Merrett__Richard.pdf- ./Web_Decision_-_Merrett__Richard.pdf-Mr Merrett admitted this allegation in the statement of agreed facts signed by him on 13 ./Web_Decision_-_Merrett__Richard.pdf-May 2016 (pages 15 – 18). The Police Report, which has been seen by the panel (pages ./Web_Decision_-_Merrett__Richard.pdf-22 – 25), summarises the content of the emails between Mr Merrett and Pupil B. In ./Web_Decision_-_Merrett__Richard.pdf:respect of sexual references, the Police Report specifically sets out extracts from an ./Web_Decision_-_Merrett__Richard.pdf-email conversation that took place on 5 November 2014. Pupil B had asked Mr Merrett ./Web_Decision_-_Merrett__Richard.pdf-what had happened the previous night regarding a dream and Mr Merrett replied: ./Web_Decision_-_Merrett__Richard.pdf-“Probably best I tell you in person what happened, it may not come across best over ./Web_Decision_-_Merrett__Richard.pdf-email…it was nice though.” Pupil B replies: “okay tell me when I see you”. At the end of ./Web_Decision_-_Merrett__Richard.pdf-the same day, Pupil B emails Mr Merrett to say: “Tell me if I end up pouncing on you in ./Web_Decision_-_Merrett__Richard.pdf-the middle of the night again :) hopefully I won’t be dreaming of any naked 40 year old ./Web_Decision_-_Merrett__Richard.pdf-women.” ./Web_Decision_-_Merrett__Richard.pdf- ./Web_Decision_-_Merrett__Richard.pdf-Pupil B has stated that she considered the content of Mr Merrett’s emails to be “too ./Web_Decision_-_Merrett__Richard.pdf-unprofessional” and “too friendly” (see statement of Pupil B, pages 73 – 77). In her ./Web_Decision_-_Merrett__Richard.pdf:statement, Pupil B also refers to a conversation she had with Mr Merrett about sex on a ./Web_Decision_-_Merrett__Richard.pdf-trampoline. ./Web_Decision_-_Merrett__Richard.pdf- ./Web_Decision_-_Merrett__Richard.pdf:It is noted that in his Mitigation Statement, Mr Merrett states that there were no sexual ./Web_Decision_-_Merrett__Richard.pdf-motives behind his words. ./Web_Decision_-_Merrett__Richard.pdf- ./Web_Decision_-_Merrett__Richard.pdf-The panel was satisfied that this allegation was proven. ./Web_Decision_-_Merrett__Richard.pdf- ./Web_Decision_-_Merrett__Richard.pdf- ./Web_Decision_-_Merrett__Richard.pdf- ./Web_Decision_-_Merrett__Richard.pdf- 8 ./Web_Decision_-_Merrett__Richard.pdf- -- ./Web_Decision_-_Merrett__Richard.pdf- ./Web_Decision_-_Merrett__Richard.pdf-The panel went on to consider whether or not it would be appropriate for them to decide ./Web_Decision_-_Merrett__Richard.pdf-to recommend that a review period of the order should be considered. The panel were ./Web_Decision_-_Merrett__Richard.pdf-mindful that the Advice advises that a prohibition order applies for life, but there may be ./Web_Decision_-_Merrett__Richard.pdf-circumstances in any given case that may make it appropriate to allow a teacher to apply ./Web_Decision_-_Merrett__Richard.pdf-to have the prohibition order reviewed after a specified period of time that may not be ./Web_Decision_-_Merrett__Richard.pdf-less than 2 years. ./Web_Decision_-_Merrett__Richard.pdf- ./Web_Decision_-_Merrett__Richard.pdf-Mr Merrett has shown significant remorse for his actions and has consistently said that he ./Web_Decision_-_Merrett__Richard.pdf-was only trying to help the pupils and now realises that his behaviour in doing this was ./Web_Decision_-_Merrett__Richard.pdf:inappropriate. He has also repeatedly confirmed that there was never any sexual ./Web_Decision_-_Merrett__Richard.pdf-motivation behind his actions. However, there is a concern that Mr Merrett has still failed ./Web_Decision_-_Merrett__Richard.pdf-to understand the seriousness of his actions. Mr Merrett has said that he has no ./Web_Decision_-_Merrett__Richard.pdf-intention of teaching again. ./Web_Decision_-_Merrett__Richard.pdf- ./Web_Decision_-_Merrett__Richard.pdf-The panel felt the findings indicated a situation in which a review period would be ./Web_Decision_-_Merrett__Richard.pdf-appropriate and as such decided that it would be proportionate in all the circumstances ./Web_Decision_-_Merrett__Richard.pdf-for the prohibition order to be recommended with a review period of 3 years. ./Web_Decision_-_Merrett__Richard.pdf- ./Web_Decision_-_Merrett__Richard.pdf- ./Web_Decision_-_Merrett__Richard.pdf- 13 ./Web_Decision_-_Merry__Edward.pdf- ./Web_Decision_-_Merry__Edward.pdf-It was alleged that Mr Merry was guilty of unacceptable professional conduct and/or ./Web_Decision_-_Merry__Edward.pdf-conduct that may bring the profession into disrepute, in that whilst working as a teacher ./Web_Decision_-_Merry__Edward.pdf-at Hedingham School and Sixth Form Academy between 3 September 2007 and 25 ./Web_Decision_-_Merry__Edward.pdf-November 2014: ./Web_Decision_-_Merry__Edward.pdf- ./Web_Decision_-_Merry__Edward.pdf- 1. He exchanged emails with Pupil A, using her personal email account; ./Web_Decision_-_Merry__Edward.pdf- 2. The emails referred to at 1. above contained: ./Web_Decision_-_Merry__Edward.pdf- a. Personal information, ./Web_Decision_-_Merry__Edward.pdf- b. Flirtatious references, ./Web_Decision_-_Merry__Edward.pdf: c. Sexual references and/or sexual innuendos ./Web_Decision_-_Merry__Edward.pdf- 3. During his communications at 1. above, he failed to take appropriate action in ./Web_Decision_-_Merry__Edward.pdf- relation to: ./Web_Decision_-_Merry__Edward.pdf- a. Pupil A’s developing feelings for him, ./Web_Decision_-_Merry__Edward.pdf- b. Safeguarding Pupil A’s personal welfare when she made reference to “[I] ./Web_Decision_-_Merry__Edward.pdf- cry all the time” and/or “kill me now” and/or “if you could make my heart ./Web_Decision_-_Merry__Edward.pdf- stop hurting…I don’t know how but you could try”, ./Web_Decision_-_Merry__Edward.pdf- 4. His actions set out at 1 and / or 2 and / or 3 above were: ./Web_Decision_-_Merry__Edward.pdf- a. In breach of his professional boundaries, ./Web_Decision_-_Merry__Edward.pdf- b. Exposed Pupil A to risk of harm, ./Web_Decision_-_Merry__Edward.pdf- c. Sexually motivated. -- ./Web_Decision_-_Merry__Edward.pdf-The panel announced its decision and reasons as follows: ./Web_Decision_-_Merry__Edward.pdf- ./Web_Decision_-_Merry__Edward.pdf-The panel has carefully considered the case before it and has reached a decision. ./Web_Decision_-_Merry__Edward.pdf- ./Web_Decision_-_Merry__Edward.pdf-The panel confirms that it has read all the documents provided in the bundle in advance ./Web_Decision_-_Merry__Edward.pdf-of the hearing. ./Web_Decision_-_Merry__Edward.pdf- ./Web_Decision_-_Merry__Edward.pdf-Mr Merry was employed as a teacher at Hedingham School and Sixth Form Academy ./Web_Decision_-_Merry__Edward.pdf-between 3 September 2007 and 25 November 2014. It was alleged that, during this time, ./Web_Decision_-_Merry__Edward.pdf-he exchanged emails with a pupil (‘Pupil A’) using her personal email account, containing ./Web_Decision_-_Merry__Edward.pdf:personal information, flirtatious references and sexual references or innuendos. It was ./Web_Decision_-_Merry__Edward.pdf-alleged that he had failed to take appropriate action in relation to Pupil A’s developing ./Web_Decision_-_Merry__Edward.pdf-feelings for him, or safeguarding her welfare in response to certain comments she made. ./Web_Decision_-_Merry__Edward.pdf-It was alleged that these actions were in breach of his professional boundaries, exposed ./Web_Decision_-_Merry__Edward.pdf:Pupil A to risk of harm and were sexually motivated. ./Web_Decision_-_Merry__Edward.pdf- ./Web_Decision_-_Merry__Edward.pdf-Findings of fact ./Web_Decision_-_Merry__Edward.pdf-Our findings of fact are as follows: ./Web_Decision_-_Merry__Edward.pdf- ./Web_Decision_-_Merry__Edward.pdf-You are guilty of unacceptable professional conduct and/or conduct that may bring ./Web_Decision_-_Merry__Edward.pdf-the profession into disrepute, in that, whilst working as a teacher at Hedingham ./Web_Decision_-_Merry__Edward.pdf-Sixth Form Academy between 3 September 2007 and 25 November 2014: ./Web_Decision_-_Merry__Edward.pdf- ./Web_Decision_-_Merry__Edward.pdf- 1. You exchanged emails with Pupil A, using her personal email account; ./Web_Decision_-_Merry__Edward.pdf- -- ./Web_Decision_-_Merry__Edward.pdf- 2. The emails referred to at 1. above contained: ./Web_Decision_-_Merry__Edward.pdf- ./Web_Decision_-_Merry__Edward.pdf- a. Personal information, ./Web_Decision_-_Merry__Edward.pdf- ./Web_Decision_-_Merry__Edward.pdf- b. Flirtatious references, ./Web_Decision_-_Merry__Edward.pdf- ./Web_Decision_-_Merry__Edward.pdf: c. Sexual references and/or sexual innuendos; ./Web_Decision_-_Merry__Edward.pdf- ./Web_Decision_-_Merry__Edward.pdf-Dealing first with limb a., the panel considers that the whole tenor of the emails from ./Web_Decision_-_Merry__Edward.pdf-page 30 of the bundle is personal in nature. Examples include references to Pupil A’s ./Web_Decision_-_Merry__Edward.pdf-birthday and that of Mr Merry (page 31); references to Mr Merry’s children (page 39); ./Web_Decision_-_Merry__Edward.pdf-references to both of their trips/holidays (page 34) and references to the fact that she ./Web_Decision_-_Merry__Edward.pdf-was drinking (page 35). ./Web_Decision_-_Merry__Edward.pdf- ./Web_Decision_-_Merry__Edward.pdf-Allegation 2a is therefore found to have been proved. ./Web_Decision_-_Merry__Edward.pdf- ./Web_Decision_-_Merry__Edward.pdf-As regards limbs b. and c., Mr Merry appeared to have accepted that the emails ./Web_Decision_-_Merry__Edward.pdf:contained sexual innuendos, as evidenced by his comments during the school ./Web_Decision_-_Merry__Edward.pdf-disciplinary process, recorded at page 61. Nevertheless, the panel turned its independent ./Web_Decision_-_Merry__Edward.pdf-mind to the issue. ./Web_Decision_-_Merry__Edward.pdf- ./Web_Decision_-_Merry__Edward.pdf-The panel considered that there were a number of emails which, considered in their ./Web_Decision_-_Merry__Edward.pdf:context, were flirtatious and contained sexual references and sexual innuendos. These ./Web_Decision_-_Merry__Edward.pdf-included references to his making ‘her heart stop hurting’ (page 36), references to ./Web_Decision_-_Merry__Edward.pdf-sharing body heat (page 34), a reference to Pupil A’s ‘behind’ (page 33-34) including a ./Web_Decision_-_Merry__Edward.pdf-suggestion that he would have to ‘try not to stare next time you walk away’. There was ./Web_Decision_-_Merry__Edward.pdf-also a reference to the fact that he would ‘try anything once’ (page 36) in a context which ./Web_Decision_-_Merry__Edward.pdf-was clearly flirtatious; and references to the windows steaming up (page 38). Other ./Web_Decision_-_Merry__Edward.pdf-comments included a reference to the need to avoid being a ‘40 year old virgin’ and ./Web_Decision_-_Merry__Edward.pdf-‘steps to avoid’ such an outcome (page 40). The panel also noted references, in the ./Web_Decision_-_Merry__Edward.pdf-context of a breakup of Pupil A’s relationship with a boyfriend, to Mr Merry being ‘always ./Web_Decision_-_Merry__Edward.pdf-here, whenever needed, however needed’ (page 36). In response to an email suggesting ./Web_Decision_-_Merry__Edward.pdf-‘maybe just a hug’ he wrote ‘you’re seeing me at 8.50 this morning right? Maybe we’ll ./Web_Decision_-_Merry__Edward.pdf-start there’ (page 36). ./Web_Decision_-_Merry__Edward.pdf- ./Web_Decision_-_Merry__Edward.pdf:The panel consider that these emails contained flirtatious content, sexual references and ./Web_Decision_-_Merry__Edward.pdf:sexual innuendo. Allegation 2 is therefore found to have been proven in its entirety. ./Web_Decision_-_Merry__Edward.pdf- ./Web_Decision_-_Merry__Edward.pdf- ./Web_Decision_-_Merry__Edward.pdf- ./Web_Decision_-_Merry__Edward.pdf- ./Web_Decision_-_Merry__Edward.pdf- 8 ./Web_Decision_-_Merry__Edward.pdf- -- ./Web_Decision_-_Merry__Edward.pdf-aware that a child or young person is developing an infatuation they should discuss this ./Web_Decision_-_Merry__Edward.pdf-at the earliest opportunity with a headteacher, senior manager or parent/carer so that ./Web_Decision_-_Merry__Edward.pdf-appropriate action can be taken to avoid any hurt, distress or embarrassment’. ./Web_Decision_-_Merry__Edward.pdf- ./Web_Decision_-_Merry__Edward.pdf-The same document states at page 132 that ‘adults should always maintain appropriate ./Web_Decision_-_Merry__Edward.pdf-professional boundaries and avoid behaviour which might be misinterpreted by others. ./Web_Decision_-_Merry__Edward.pdf-They should report and record any incident with this potential’. ./Web_Decision_-_Merry__Edward.pdf- ./Web_Decision_-_Merry__Edward.pdf-Further, page 133 states that ‘adults should be circumspect in their communications with ./Web_Decision_-_Merry__Edward.pdf-children so as to avoid any possible misinterpretation of their motives or any behaviour ./Web_Decision_-_Merry__Edward.pdf:which could be construed as grooming’. ./Web_Decision_-_Merry__Edward.pdf- ./Web_Decision_-_Merry__Edward.pdf-The code of conduct at page 108 also states ‘adults who work with children are ./Web_Decision_-_Merry__Edward.pdf-responsible for their own actions and behaviour and should avoid any conduct which ./Web_Decision_-_Merry__Edward.pdf-would lead any reasonable person to question their motivation and intentions’. ./Web_Decision_-_Merry__Edward.pdf- ./Web_Decision_-_Merry__Edward.pdf-These expectations were not complied with and appropriate action was not taken. ./Web_Decision_-_Merry__Edward.pdf-Allegation 3a is therefore found to have been proved. ./Web_Decision_-_Merry__Edward.pdf- ./Web_Decision_-_Merry__Edward.pdf- ./Web_Decision_-_Merry__Edward.pdf- -- ./Web_Decision_-_Merry__Edward.pdf- ./Web_Decision_-_Merry__Edward.pdf- a. In breach of your professional boundaries, ./Web_Decision_-_Merry__Edward.pdf- ./Web_Decision_-_Merry__Edward.pdf- b. Exposed Pupil A to risk of harm ./Web_Decision_-_Merry__Edward.pdf- ./Web_Decision_-_Merry__Edward.pdf- c. Sexually motivated. ./Web_Decision_-_Merry__Edward.pdf- ./Web_Decision_-_Merry__Edward.pdf-In relation to allegation 4a, the panel repeats the various policy breaches already ./Web_Decision_-_Merry__Edward.pdf-described in the context of allegation 3. The panel finds that the failure to take ./Web_Decision_-_Merry__Edward.pdf-appropriate action and the use of emails for discussions with a pupil of a personal, ./Web_Decision_-_Merry__Edward.pdf:flirtatious and sexual nature was a clear breach of Mr Merry’s professional boundaries. ./Web_Decision_-_Merry__Edward.pdf- ./Web_Decision_-_Merry__Edward.pdf-Allegation 4a is therefore found to have been proved. ./Web_Decision_-_Merry__Edward.pdf- ./Web_Decision_-_Merry__Edward.pdf-Having considered allegation 4b carefully, the panel is satisfied that Mr Merry’s actions ./Web_Decision_-_Merry__Edward.pdf-exposed Pupil A to the risk of harm both a) in that they led, or risked leading her to ./Web_Decision_-_Merry__Edward.pdf-believe that there was a possibility of relationship, thereby increasing the risk that she ./Web_Decision_-_Merry__Edward.pdf-would be exposed to further inappropriate behaviour by Mr Merry, and b) in that, by ./Web_Decision_-_Merry__Edward.pdf-failing to report and appropriately escalate matters in accordance with policies, the school ./Web_Decision_-_Merry__Edward.pdf-was not made aware of the full picture and support systems which might have prevented ./Web_Decision_-_Merry__Edward.pdf-an escalation of risk were not triggered. The risks presented were compounded by the -- ./Web_Decision_-_Merry__Edward.pdf-The panel is satisfied that allegation 4b is proved. ./Web_Decision_-_Merry__Edward.pdf- ./Web_Decision_-_Merry__Edward.pdf-Given the gravity of the charge, the panel took particular care in assessing whether ./Web_Decision_-_Merry__Edward.pdf-allegation 4c had been found proved. Addressing the objective aspect first, having ./Web_Decision_-_Merry__Edward.pdf-considered the evidence before it in the round, the panel considered that a reasonable ./Web_Decision_-_Merry__Edward.pdf:person would regard Mr Merry’s behaviour as having been sexually motivated: the ./Web_Decision_-_Merry__Edward.pdf-content, innuendo, frequency and number of communications all point to that conclusion. ./Web_Decision_-_Merry__Edward.pdf- ./Web_Decision_-_Merry__Edward.pdf:The panel has also considered whether Mr Merry was, subjectively speaking, sexually ./Web_Decision_-_Merry__Edward.pdf-motivated. The panel notes Mr Merry’s explanation was that he was seeking to boost ./Web_Decision_-_Merry__Edward.pdf-Pupil A’s self confidence. However, the panel did not accept this explanation. It was clear ./Web_Decision_-_Merry__Edward.pdf-from the responses that Pupil A took the messages in a romantic sense, and the panel ./Web_Decision_-_Merry__Edward.pdf-considers that this reflected the purpose behind them. The panel had regard to Mr ./Web_Decision_-_Merry__Edward.pdf-Merry’s response, when it was suggested in the course of the school disciplinary hearing ./Web_Decision_-_Merry__Edward.pdf:that his comments included sexual innuendos (page 62). He replied ‘yes’. Considering ./Web_Decision_-_Merry__Edward.pdf-the evidence in the round, taking into account the significant volume and consistency of ./Web_Decision_-_Merry__Edward.pdf:sexual references in the emails, the fact that they continued over a period of time, and ./Web_Decision_-_Merry__Edward.pdf-the fact that Mr Merry appears to have made no, or no strenuous effort, to change the ./Web_Decision_-_Merry__Edward.pdf-tone of discussion or bring an end to the exchanges, the panel considers on the balance ./Web_Decision_-_Merry__Edward.pdf:of probabilities that Mr Merry’s actions were sexually motivated. ./Web_Decision_-_Merry__Edward.pdf- ./Web_Decision_-_Merry__Edward.pdf-Allegation 4c is found to have been proved. ./Web_Decision_-_Merry__Edward.pdf- ./Web_Decision_-_Merry__Edward.pdf-Each and every aspect of allegations 1 to 4 are therefore found proven in their entirety. ./Web_Decision_-_Merry__Edward.pdf- ./Web_Decision_-_Merry__Edward.pdf-Findings as to unacceptable professional conduct and/or conduct that ./Web_Decision_-_Merry__Edward.pdf-may bring the profession into disrepute. ./Web_Decision_-_Merry__Edward.pdf-Having found all of the allegations to have been proven, the panel has gone on to ./Web_Decision_-_Merry__Edward.pdf-consider whether the facts of those proven allegations amount to unacceptable ./Web_Decision_-_Merry__Edward.pdf-professional conduct and/or conduct that may bring the profession into disrepute. -- ./Web_Decision_-_Merry__Edward.pdf-are likely to have punitive effect. ./Web_Decision_-_Merry__Edward.pdf- ./Web_Decision_-_Merry__Edward.pdf-The panel has considered the particular public interest considerations set out in the ./Web_Decision_-_Merry__Edward.pdf-Advice and having done so has found a number of them to be relevant in this case, ./Web_Decision_-_Merry__Edward.pdf-namely: the protection of pupils, the protection of other members of the public, the ./Web_Decision_-_Merry__Edward.pdf-maintenance of public confidence in the profession, and declaring and upholding proper ./Web_Decision_-_Merry__Edward.pdf-standards of conduct. ./Web_Decision_-_Merry__Edward.pdf- ./Web_Decision_-_Merry__Edward.pdf-In light of the panel’s findings against Mr Merry, which involved the inappropriate ./Web_Decision_-_Merry__Edward.pdf-exchange of personal emails with a vulnerable pupil in his care containing flirtatious ./Web_Decision_-_Merry__Edward.pdf:content and sexual references and innuendo, there is a strong public interest ./Web_Decision_-_Merry__Edward.pdf-consideration in ensuring pupils are adequately protected and that the public can have ./Web_Decision_-_Merry__Edward.pdf-confidence that they are safe in the care of the teaching profession. ./Web_Decision_-_Merry__Edward.pdf- ./Web_Decision_-_Merry__Edward.pdf-The panel considers that public confidence in the profession could be seriously ./Web_Decision_-_Merry__Edward.pdf-weakened if conduct such as that found against Mr Merry was not treated with the utmost ./Web_Decision_-_Merry__Edward.pdf-seriousness when regulating the conduct of the profession. ./Web_Decision_-_Merry__Edward.pdf- ./Web_Decision_-_Merry__Edward.pdf-The panel considered that a strong public interest consideration in declaring proper ./Web_Decision_-_Merry__Edward.pdf-standards of conduct in the profession was also present as the conduct found against Mr ./Web_Decision_-_Merry__Edward.pdf-Merry was outside that which could reasonably be tolerated. -- ./Web_Decision_-_Merry__Edward.pdf- ./Web_Decision_-_Merry__Edward.pdf-  serious departure from the personal and professional conduct elements of the ./Web_Decision_-_Merry__Edward.pdf- Teachers’ Standards; ./Web_Decision_-_Merry__Edward.pdf- ./Web_Decision_-_Merry__Edward.pdf-  misconduct seriously affecting the education and/or well-being of pupils, and ./Web_Decision_-_Merry__Edward.pdf- particularly where there is a continuing risk; ./Web_Decision_-_Merry__Edward.pdf- ./Web_Decision_-_Merry__Edward.pdf-  abuse of position or trust (particularly involving vulnerable pupils) or violation of the ./Web_Decision_-_Merry__Edward.pdf- rights of pupils; ./Web_Decision_-_Merry__Edward.pdf- ./Web_Decision_-_Merry__Edward.pdf:  sexual misconduct, e.g. involving actions that were sexually motivated or of a ./Web_Decision_-_Merry__Edward.pdf: sexual nature and/or that use or exploit the trust, knowledge or influence derived ./Web_Decision_-_Merry__Edward.pdf- from the individual’s professional position; ./Web_Decision_-_Merry__Edward.pdf- ./Web_Decision_-_Merry__Edward.pdf- 13 ./Web_Decision_-_Merry__Edward.pdf- -- ./Web_Decision_-_Merry__Edward.pdf-factors to militate against a prohibition order being an appropriate and proportionate ./Web_Decision_-_Merry__Edward.pdf-measure to impose, particularly taking into account the nature and severity of the ./Web_Decision_-_Merry__Edward.pdf-behaviour in this case. ./Web_Decision_-_Merry__Edward.pdf- ./Web_Decision_-_Merry__Edward.pdf-Whilst the panel accepts that the teacher had a good previous record, there is no ./Web_Decision_-_Merry__Edward.pdf-suggestion that the teacher’s actions were not deliberate or that the teacher was acting ./Web_Decision_-_Merry__Edward.pdf-under duress. ./Web_Decision_-_Merry__Edward.pdf- ./Web_Decision_-_Merry__Edward.pdf-The panel notes that when confronted with the emails during the course of the school’s ./Web_Decision_-_Merry__Edward.pdf-disciplinary process, Mr Merry accepted that they were inappropriate and contained ./Web_Decision_-_Merry__Edward.pdf:sexual innuendo. In a statement recorded at page 59 of the bundle, he stated “I express ./Web_Decision_-_Merry__Edward.pdf-my deepest apologies for what I have done and my regret for the upset and upheaval I ./Web_Decision_-_Merry__Edward.pdf-have caused”. He went on to state “as I said at the investigation hearing, I have no ./Web_Decision_-_Merry__Edward.pdf-excuse for the emails I sent as I know them to be inappropriate and, having read them ./Web_Decision_-_Merry__Edward.pdf-back, realise just how far over the mark I stepped. The reasoning behind sending them, ./Web_Decision_-_Merry__Edward.pdf-to support her self worth through a time of severe emotional upheaval, is neither an ./Web_Decision_-_Merry__Edward.pdf-excuse nor, having seen the damage caused, justified”. He also stated “I would like to ./Web_Decision_-_Merry__Edward.pdf-emphasise this will not happen again”. He acknowledged that the school had not failed ./Web_Decision_-_Merry__Edward.pdf-him and this was his responsibility. ./Web_Decision_-_Merry__Edward.pdf- ./Web_Decision_-_Merry__Edward.pdf-Whilst the panel notes these comments, the panel also notes that Mr Merry was an -- ./Web_Decision_-_Merry__Edward.pdf-The panel went on to consider whether or not it would be appropriate for it to recommend ./Web_Decision_-_Merry__Edward.pdf-that a review period of the order should be considered. The panel were mindful that the ./Web_Decision_-_Merry__Edward.pdf-Advice suggests that a prohibition order applies for life, but there may be circumstances ./Web_Decision_-_Merry__Edward.pdf-in any given case that may make it appropriate to allow a teacher to apply to have the ./Web_Decision_-_Merry__Edward.pdf-prohibition order reviewed after a specified period of time that may not be less than 2 ./Web_Decision_-_Merry__Edward.pdf-years. ./Web_Decision_-_Merry__Edward.pdf- ./Web_Decision_-_Merry__Edward.pdf-The Advice indicates that there are behaviours that, if proven, would militate against a ./Web_Decision_-_Merry__Edward.pdf-review period being recommended. The panel notes that these behaviours include ./Web_Decision_-_Merry__Edward.pdf:serious sexual misconduct, defined as conduct where the act was sexually motivated and ./Web_Decision_-_Merry__Edward.pdf-resulted in or had the potential to result in, harm to a person or persons, particularly ./Web_Decision_-_Merry__Edward.pdf-where the individual has used their professional position to influence or exploit a person ./Web_Decision_-_Merry__Edward.pdf-or persons. Having considered this carefully, the panel concludes that, whilst there was ./Web_Decision_-_Merry__Edward.pdf:sexual motivation in this case, it fell towards the lower end of the spectrum of sexual ./Web_Decision_-_Merry__Edward.pdf:misconduct and in the panel’s view did not amount to ‘serious’ sexual misconduct. It ./Web_Decision_-_Merry__Edward.pdf:never went beyond the level of innuendo and passing sexual references, and there was ./Web_Decision_-_Merry__Edward.pdf-no evidence presented to the panel to suggest that a broader relationship developed ./Web_Decision_-_Merry__Edward.pdf-beyond the emails. ./Web_Decision_-_Merry__Edward.pdf- ./Web_Decision_-_Merry__Edward.pdf-In view of the above, and taking into account that some remorse has been shown by Mr ./Web_Decision_-_Merry__Edward.pdf-Merry in the school disciplinary process, the panel felt the findings indicated a situation in ./Web_Decision_-_Merry__Edward.pdf-which a review period would be appropriate and as such decided that it would be ./Web_Decision_-_Merry__Edward.pdf-proportionate in all the circumstances for the prohibition order to be recommended with ./Web_Decision_-_Merry__Edward.pdf-provisions for a review period. ./Web_Decision_-_Merry__Edward.pdf- ./Web_Decision_-_Merry__Edward.pdf-The panel would expect that Mr Merry should be able to demonstrate at any review -- ./Web_Decision_-_Merry__Edward.pdf-I have considered the public interest considerations. There are a number of relevant ./Web_Decision_-_Merry__Edward.pdf-public interest considerations in this case, namely: the protection of pupils; the protection ./Web_Decision_-_Merry__Edward.pdf-of other members of the public; the maintenance of public confidence in the profession; ./Web_Decision_-_Merry__Edward.pdf-and declaring and upholding proper standards of conduct. ./Web_Decision_-_Merry__Edward.pdf- ./Web_Decision_-_Merry__Edward.pdf-In the light of the panel’s findings against Mr Merry, which involved the inappropriate ./Web_Decision_-_Merry__Edward.pdf-exchange of personal emails with a vulnerable pupil in his care, containing flirtatious ./Web_Decision_-_Merry__Edward.pdf:content and sexual references and innuendo, there is a strong public interest ./Web_Decision_-_Merry__Edward.pdf-consideration. ./Web_Decision_-_Merry__Edward.pdf- ./Web_Decision_-_Merry__Edward.pdf-I have taken into account the need to balance the public interest with the interests of the ./Web_Decision_-_Merry__Edward.pdf-teacher. The panel found there is no suggestion that Mr Merry’s actions were not ./Web_Decision_-_Merry__Edward.pdf-deliberate or that the teacher was acting under duress. ./Web_Decision_-_Merry__Edward.pdf- ./Web_Decision_-_Merry__Edward.pdf-The panel has decided that the public interest considerations outweigh the interests of Mr ./Web_Decision_-_Merry__Edward.pdf-Merry. The panel is of the view that prohibition is both proportionate and appropriate. I ./Web_Decision_-_Merry__Edward.pdf-note the panel found that the seriousness of the behaviour was compounded by the fact ./Web_Decision_-_Merry__Edward.pdf-that Mr Merry had not only attended regular training on safeguarding, but was also an ./Web_Decision_-_Merry__Edward.pdf-integral part of staff and student e-safety. ./Web_Decision_-_Merry__Edward.pdf- ./Web_Decision_-_Merry__Edward.pdf-For the reasons set out above, I agree with the panel’s view that prohibition is both ./Web_Decision_-_Merry__Edward.pdf-proportionate and appropriate. ./Web_Decision_-_Merry__Edward.pdf- ./Web_Decision_-_Merry__Edward.pdf-I now turn to the matter of a review period. I have noted that the panel concluded that ./Web_Decision_-_Merry__Edward.pdf:whilst there was sexual motivation in this case, it fell towards the lower end of the ./Web_Decision_-_Merry__Edward.pdf:spectrum of sexual misconduct and in the panel’s view did not amount to ‘serious’ sexual ./Web_Decision_-_Merry__Edward.pdf-misconduct. I note the panel found that the misconduct never went beyond the level of ./Web_Decision_-_Merry__Edward.pdf:innuendo and passing sexual references. ./Web_Decision_-_Merry__Edward.pdf- ./Web_Decision_-_Merry__Edward.pdf-Taking into account that some remorse has been shown by Mr Merry, I agree with the ./Web_Decision_-_Merry__Edward.pdf-panel’s view that a review period would be appropriate. ./Web_Decision_-_Merry__Edward.pdf- ./Web_Decision_-_Merry__Edward.pdf-I note the panel expect that Mr Merry should be able to demonstrate at any review ./Web_Decision_-_Merry__Edward.pdf-hearing that he had acquired insight and understanding of his actions, the expectations ./Web_Decision_-_Merry__Edward.pdf-on teachers regarding safeguarding and to recognise and follow internal reporting ./Web_Decision_-_Merry__Edward.pdf-processes and policies. ./Web_Decision_-_Merry__Edward.pdf- ./Web_Decision_-_Merry__Edward.pdf-I agree with the panel’s view that an appropriate period of any review would be three ./Web_Decision_-_Mr_Jahangir_Akbar.pdf-the agreement to cancel the performances, the minutes of the meeting indicates that he ./Web_Decision_-_Mr_Jahangir_Akbar.pdf-was aware of the responsibility of the School for the children’s overall education and ./Web_Decision_-_Mr_Jahangir_Akbar.pdf-spiritual development. In this context, the panel construed ‘curriculum’ as encompassing ./Web_Decision_-_Mr_Jahangir_Akbar.pdf-a wide variety of educational and instructional practices at the School. ./Web_Decision_-_Mr_Jahangir_Akbar.pdf- ./Web_Decision_-_Mr_Jahangir_Akbar.pdf-The panel finds particular ii proved. ./Web_Decision_-_Mr_Jahangir_Akbar.pdf- ./Web_Decision_-_Mr_Jahangir_Akbar.pdf- iii to exclude the proper teaching of Sex and Relationship education ./Web_Decision_-_Mr_Jahangir_Akbar.pdf- ./Web_Decision_-_Mr_Jahangir_Akbar.pdf-The panel noted the evidence of Witness E that Mr Akbar admitted in a conversation with ./Web_Decision_-_Mr_Jahangir_Akbar.pdf:her that sex and relationship education (“SRE”) was not delivered to pupils in the school. ./Web_Decision_-_Mr_Jahangir_Akbar.pdf-Mr Akbar denied this and the panel has seen and heard evidence of some delivery of the ./Web_Decision_-_Mr_Jahangir_Akbar.pdf:discussions about puberty, although this did not extend to discussions about sexual ./Web_Decision_-_Mr_Jahangir_Akbar.pdf-intercourse. Witness R gave evidence that she had delivered SRE lessons although ./Web_Decision_-_Mr_Jahangir_Akbar.pdf-these were limited in content due to a decision by governors taken several years before ./Web_Decision_-_Mr_Jahangir_Akbar.pdf-Mr Akbar arrived at the school. No evidence has been presented that the SRE delivered ./Web_Decision_-_Mr_Jahangir_Akbar.pdf-at the School may not have been proper teaching. There is no evidence that Mr Akbar ./Web_Decision_-_Mr_Jahangir_Akbar.pdf-brought about a change in the teaching of SRE. Accordingly, the panel could not ./Web_Decision_-_Mr_Jahangir_Akbar.pdf-conclude that any action on the part of Mr Akbar brought about the exclusion of the ./Web_Decision_-_Mr_Jahangir_Akbar.pdf-proper teaching of SRE. Accordingly, the panel finds this particular not proved. ./Web_Decision_-_Mr_Jahangir_Akbar.pdf- ./Web_Decision_-_Mr_Jahangir_Akbar.pdf- iv to reduce the performance of music ./Web_Decision_-_Mr_Jahangir_Akbar.pdf- ./Web_Decision_-_Naidoo__Preantharan.pdf- c. on one or more occasions he invited Student E to his home; ./Web_Decision_-_Naidoo__Preantharan.pdf- d. on one or more occasions Student E visited his home; ./Web_Decision_-_Naidoo__Preantharan.pdf- e. on one or more occasions he told Student E that he loved him; ./Web_Decision_-_Naidoo__Preantharan.pdf- f. he told Student that he was like a son to him, or words to that effect; ./Web_Decision_-_Naidoo__Preantharan.pdf- g. on one or more occasions he used the term and/or allowed the following terms to ./Web_Decision_-_Naidoo__Preantharan.pdf- be used: ./Web_Decision_-_Naidoo__Preantharan.pdf- i. dad in reference to himself; ./Web_Decision_-_Naidoo__Preantharan.pdf- ii. son in reference to Student E ./Web_Decision_-_Naidoo__Preantharan.pdf- h. he was found with a photograph of Student E in his possession ./Web_Decision_-_Naidoo__Preantharan.pdf-6. His conduct as described at paragraph 1 and/or paragraph 2 and/or paragraph 3 ./Web_Decision_-_Naidoo__Preantharan.pdf: and/or paragraph 4 and/or paragraph 5 above was sexually motivated. ./Web_Decision_-_Naidoo__Preantharan.pdf- ./Web_Decision_-_Naidoo__Preantharan.pdf- ./Web_Decision_-_Naidoo__Preantharan.pdf-In the absence of any response from Mr Naidoo, the allegations are taken not to have ./Web_Decision_-_Naidoo__Preantharan.pdf-been admitted. ./Web_Decision_-_Naidoo__Preantharan.pdf- ./Web_Decision_-_Naidoo__Preantharan.pdf- ./Web_Decision_-_Naidoo__Preantharan.pdf-C. Preliminary applications ./Web_Decision_-_Naidoo__Preantharan.pdf-Proceeding in absence ./Web_Decision_-_Naidoo__Preantharan.pdf- ./Web_Decision_-_Naidoo__Preantharan.pdf-Mr Naidoo did not attend the hearing and the presenting officer made an application to -- ./Web_Decision_-_Naidoo__Preantharan.pdf-The panel acknowledges that the allegations against Mr Naidoo, particularly that of ./Web_Decision_-_Naidoo__Preantharan.pdf:sexual motivation, are very serious. In the case of an adverse finding, the potential ./Web_Decision_-_Naidoo__Preantharan.pdf-sanction of a prohibition order, which applies for life, would also have very serious ./Web_Decision_-_Naidoo__Preantharan.pdf-consequences for Mr Naidoo’s career as well as his reputation. ./Web_Decision_-_Naidoo__Preantharan.pdf- ./Web_Decision_-_Naidoo__Preantharan.pdf-However, the panel is of the view that this factor alone should not prevent the panel from ./Web_Decision_-_Naidoo__Preantharan.pdf-proceeding to consider the case on the basis of hearsay evidence alone, and the wider ./Web_Decision_-_Naidoo__Preantharan.pdf-circumstances, as set out in respect of each of the other factors, outweigh the relevance ./Web_Decision_-_Naidoo__Preantharan.pdf-of the seriousness of the charge and impact. ./Web_Decision_-_Naidoo__Preantharan.pdf- ./Web_Decision_-_Naidoo__Preantharan.pdf-(v) whether there was a good reason for the non-attendance of the witnesses; ./Web_Decision_-_Naidoo__Preantharan.pdf- -- ./Web_Decision_-_Naidoo__Preantharan.pdf- ./Web_Decision_-_Naidoo__Preantharan.pdf-In addition, Student E explained in his police interview that Mr Naidoo had asked to keep ./Web_Decision_-_Naidoo__Preantharan.pdf-his passport photo and Student E agreed (p.91). ./Web_Decision_-_Naidoo__Preantharan.pdf- ./Web_Decision_-_Naidoo__Preantharan.pdf-As noted earlier, in the panel’s view, there are no reasons whatsoever for a teacher to ./Web_Decision_-_Naidoo__Preantharan.pdf-keep photos of his pupils or former pupils with him in his wallet, and this is inappropriate. ./Web_Decision_-_Naidoo__Preantharan.pdf- ./Web_Decision_-_Naidoo__Preantharan.pdf-The panel therefore finds this allegation proven. ./Web_Decision_-_Naidoo__Preantharan.pdf- ./Web_Decision_-_Naidoo__Preantharan.pdf-6. His conduct as described at paragraph 1 and/or paragraph 2 and/or paragraph 3 ./Web_Decision_-_Naidoo__Preantharan.pdf:and/or paragraph 4 and/or paragraph 5 above was sexually motivated. ./Web_Decision_-_Naidoo__Preantharan.pdf- ./Web_Decision_-_Naidoo__Preantharan.pdf-The panel has considered each of paragraphs 1 to 5 in the round, given that many of the ./Web_Decision_-_Naidoo__Preantharan.pdf-sub-particulars arise from the same or similar incidents. ./Web_Decision_-_Naidoo__Preantharan.pdf- ./Web_Decision_-_Naidoo__Preantharan.pdf-The panel is mindful that Mr Naidoo has not been present at the hearing and the panel ./Web_Decision_-_Naidoo__Preantharan.pdf-has not had the opportunity to directly assess his motivation when he carried out the ./Web_Decision_-_Naidoo__Preantharan.pdf-conduct found proven. Nevertheless, the panel is satisfied that there is sufficient ./Web_Decision_-_Naidoo__Preantharan.pdf-evidence before it to enable it to infer Mr Naidoo’s motivation. ./Web_Decision_-_Naidoo__Preantharan.pdf- ./Web_Decision_-_Naidoo__Preantharan.pdf-In particular, the panel has given careful consideration to whether Mr Naidoo’s conduct -- ./Web_Decision_-_Naidoo__Preantharan.pdf-subsequently took him to a pub and offered to buy him a pint. He also told Student A that ./Web_Decision_-_Naidoo__Preantharan.pdf-he loved him and never wanted him out of his life. ./Web_Decision_-_Naidoo__Preantharan.pdf- ./Web_Decision_-_Naidoo__Preantharan.pdf-In assessing Mr Naidoo’s motivation, the panel also found it significant that Student A ./Web_Decision_-_Naidoo__Preantharan.pdf-told the police that Mr Naidoo had invited him to Brighton (p.45), had suggested that ./Web_Decision_-_Naidoo__Preantharan.pdf-Student A sleeps over at his flat (p.48) and that whilst Student A was in his home, Mr ./Web_Decision_-_Naidoo__Preantharan.pdf-Naidoo’s “bum crack” was showing “the whole time” (p.46). ./Web_Decision_-_Naidoo__Preantharan.pdf- ./Web_Decision_-_Naidoo__Preantharan.pdf-The panel considers that this showed a pattern of behaviour of seeking to get close to ./Web_Decision_-_Naidoo__Preantharan.pdf:Student A and gradually introducing interactions of a flirtatious and sexual nature. ./Web_Decision_-_Naidoo__Preantharan.pdf- ./Web_Decision_-_Naidoo__Preantharan.pdf:The panel is therefore satisfied that Mr Naidoo’s conduct towards Student A was sexually ./Web_Decision_-_Naidoo__Preantharan.pdf-motivated. ./Web_Decision_-_Naidoo__Preantharan.pdf- ./Web_Decision_-_Naidoo__Preantharan.pdf-In respect of allegation 2 relating to Student B, the panel has considered whether Mr ./Web_Decision_-_Naidoo__Preantharan.pdf-Naidoo’s intentions could have been merely to support a potentially vulnerable student ./Web_Decision_-_Naidoo__Preantharan.pdf-who was relatively new to the UK and struggling financially. However, the panel does not ./Web_Decision_-_Naidoo__Preantharan.pdf-consider that this alone explains his behaviour towards Student B, as this does not justify ./Web_Decision_-_Naidoo__Preantharan.pdf-why Mr Naidoo would keep a photograph of Student B in his wallet. Given his possession ./Web_Decision_-_Naidoo__Preantharan.pdf-of the photograph, as well as his wider pattern of behaviour of seeking to get close to ./Web_Decision_-_Naidoo__Preantharan.pdf-vulnerable pupils, the panel considers that Mr Naidoo’s motivation towards Student B ./Web_Decision_-_Naidoo__Preantharan.pdf:was sexual. ./Web_Decision_-_Naidoo__Preantharan.pdf- ./Web_Decision_-_Naidoo__Preantharan.pdf-In relation to allegation 3 relating to Student C, the panel has found that Mr Naidoo ./Web_Decision_-_Naidoo__Preantharan.pdf-obtained his e-mail address. In itself, the panel does not consider this sufficient to ./Web_Decision_-_Naidoo__Preantharan.pdf:demonstrate sexual motivation on Mr Naidoo’s part. ./Web_Decision_-_Naidoo__Preantharan.pdf- ./Web_Decision_-_Naidoo__Preantharan.pdf-In connection with allegation 4, regarding Student D, the panel has found that Mr Naidoo ./Web_Decision_-_Naidoo__Preantharan.pdf-offered him a gift in exchange for good behaviour and that he rubbed Student D’s ./Web_Decision_-_Naidoo__Preantharan.pdf-shoulders and arms. The panel has considered whether this conduct might have been Mr ./Web_Decision_-_Naidoo__Preantharan.pdf-Naidoo’s misguided attempts to deal with the low level disruptive behaviour of this pupil. ./Web_Decision_-_Naidoo__Preantharan.pdf-However, the panel does not consider this a plausible explanation for his actions. Mr ./Web_Decision_-_Naidoo__Preantharan.pdf-Naidoo’s conduct appears to follow the pattern demonstrated in respect of the other ./Web_Decision_-_Naidoo__Preantharan.pdf-pupils, in that he was seeking to gain favour and get close to this pupil. In particular, the ./Web_Decision_-_Naidoo__Preantharan.pdf-rubbing of the shoulders and arms demonstrated by Student D in his police interview was ./Web_Decision_-_Naidoo__Preantharan.pdf-of a nature which in the panel’s view could not be explained as part of any normal ./Web_Decision_-_Naidoo__Preantharan.pdf-interactions between a teacher and a pupil. The panel is of the view, therefore, that Mr ./Web_Decision_-_Naidoo__Preantharan.pdf:Naidoo’s actions towards Student D were sexually motivated. ./Web_Decision_-_Naidoo__Preantharan.pdf- ./Web_Decision_-_Naidoo__Preantharan.pdf-Finally, in relation to allegation 5, in respect of Student E, the panel considers it ./Web_Decision_-_Naidoo__Preantharan.pdf-significant that Mr Naidoo repeatedly told him that he loved him, allowed Student E to ./Web_Decision_-_Naidoo__Preantharan.pdf-visit his home, and kept a photograph of Student E in his wallet. In addition, Student E ./Web_Decision_-_Naidoo__Preantharan.pdf-told the police that he became aware that Mr Naidoo was gay when he was at Mr ./Web_Decision_-_Naidoo__Preantharan.pdf-Naidoo’s home with his South African friend and they were all “talking about different ./Web_Decision_-_Naidoo__Preantharan.pdf:sexual relationships” (p.90). In the panel’s view, there is no legitimate reason for a ./Web_Decision_-_Naidoo__Preantharan.pdf- ./Web_Decision_-_Naidoo__Preantharan.pdf- ./Web_Decision_-_Naidoo__Preantharan.pdf- 20 ./Web_Decision_-_Naidoo__Preantharan.pdf- -- ./Web_Decision_-_Naidoo__Preantharan.pdf:teacher to discuss sexual relationships with a pupil in the teacher’s own home. Again, the ./Web_Decision_-_Naidoo__Preantharan.pdf-panel considers that Mr Naidoo’s behaviour shows a consistent pattern, and in the ./Web_Decision_-_Naidoo__Preantharan.pdf:panel’s view, Mr Naidoo’s conduct towards Student E was sexually motivated. ./Web_Decision_-_Naidoo__Preantharan.pdf- ./Web_Decision_-_Naidoo__Preantharan.pdf-Overall, given the number and vulnerabilities of students involved and the similarities of ./Web_Decision_-_Naidoo__Preantharan.pdf-Mr Naidoo’s conduct towards them, the panel finds that this demonstrates a pattern of ./Web_Decision_-_Naidoo__Preantharan.pdf-behaviour. The panel considers that Mr Naidoo was breaking down the teacher-pupil ./Web_Decision_-_Naidoo__Preantharan.pdf-relationship over the time the students were at the academy. The panel’s view is that Mr ./Web_Decision_-_Naidoo__Preantharan.pdf-Naidoo was seeking to build a closer relationship, particularly towards the end of the ./Web_Decision_-_Naidoo__Preantharan.pdf-students’ last year. On the balance of probabilities, the panel considers that this was to ./Web_Decision_-_Naidoo__Preantharan.pdf:continue their contact, with the potential to develop a sexual relationship once the ./Web_Decision_-_Naidoo__Preantharan.pdf-students had left academy. ./Web_Decision_-_Naidoo__Preantharan.pdf- ./Web_Decision_-_Naidoo__Preantharan.pdf-The panel therefore finds this allegation proven. ./Web_Decision_-_Naidoo__Preantharan.pdf- ./Web_Decision_-_Naidoo__Preantharan.pdf-The panel has found the following particulars of the allegations against Mr Naidoo not ./Web_Decision_-_Naidoo__Preantharan.pdf-proven, for these reasons: ./Web_Decision_-_Naidoo__Preantharan.pdf- ./Web_Decision_-_Naidoo__Preantharan.pdf-1. he behaved in an inappropriate manner towards Student A in that: ./Web_Decision_-_Naidoo__Preantharan.pdf- ./Web_Decision_-_Naidoo__Preantharan.pdf- a. on his last day of term Mr Naidoo requested his mobile phone number; -- ./Web_Decision_-_Naidoo__Preantharan.pdf- ./Web_Decision_-_Naidoo__Preantharan.pdf-4. he behaved in an inappropriate manner towards Student D in that: ./Web_Decision_-_Naidoo__Preantharan.pdf- ./Web_Decision_-_Naidoo__Preantharan.pdf- a. on one or more occasions he hugged Student D ./Web_Decision_-_Naidoo__Preantharan.pdf- ./Web_Decision_-_Naidoo__Preantharan.pdf-The panel can find no evidence of this at all, and therefore finds this allegation not ./Web_Decision_-_Naidoo__Preantharan.pdf-proven. ./Web_Decision_-_Naidoo__Preantharan.pdf- ./Web_Decision_-_Naidoo__Preantharan.pdf-Findings as to unacceptable professional conduct and/or conduct that ./Web_Decision_-_Naidoo__Preantharan.pdf-may bring the profession into disrepute ./Web_Decision_-_Naidoo__Preantharan.pdf:Having found many of the allegations to have been proven, including that of sexual ./Web_Decision_-_Naidoo__Preantharan.pdf-motivation, the panel has gone on to consider whether the facts of those proven ./Web_Decision_-_Naidoo__Preantharan.pdf-allegations amount to unacceptable professional conduct and/or conduct that may bring ./Web_Decision_-_Naidoo__Preantharan.pdf-the profession into disrepute. ./Web_Decision_-_Naidoo__Preantharan.pdf- ./Web_Decision_-_Naidoo__Preantharan.pdf-In doing so, the panel has had regard to the document Teacher Misconduct: The ./Web_Decision_-_Naidoo__Preantharan.pdf-Prohibition of Teachers (which the panel refers to as “the Advice”). ./Web_Decision_-_Naidoo__Preantharan.pdf- ./Web_Decision_-_Naidoo__Preantharan.pdf-The panel is satisfied that Mr Naidoo’s conduct in relation to the facts found proven, ./Web_Decision_-_Naidoo__Preantharan.pdf-involved breaches of the Teachers’ Standards, in particular: ./Web_Decision_-_Naidoo__Preantharan.pdf- -- ./Web_Decision_-_Naidoo__Preantharan.pdf-  teachers must have proper and professional regard for the ethos, policies and ./Web_Decision_-_Naidoo__Preantharan.pdf- practices of the school in which they teach... ./Web_Decision_-_Naidoo__Preantharan.pdf-  teachers must have an understanding of, and always act within, the statutory ./Web_Decision_-_Naidoo__Preantharan.pdf- frameworks which set out their professional duties and responsibilities. ./Web_Decision_-_Naidoo__Preantharan.pdf-The panel is satisfied that Mr Naidoo’s conduct fell significantly short of the standards ./Web_Decision_-_Naidoo__Preantharan.pdf-expected of the profession. He was in a position of trust and all students concerned had ./Web_Decision_-_Naidoo__Preantharan.pdf-their own individual vulnerabilities. ./Web_Decision_-_Naidoo__Preantharan.pdf- ./Web_Decision_-_Naidoo__Preantharan.pdf-The panel has also considered whether Mr Naidoo’s conduct displayed behaviours ./Web_Decision_-_Naidoo__Preantharan.pdf-associated with any of the offences listed on pages 8 and 9 of the Advice. The panel has ./Web_Decision_-_Naidoo__Preantharan.pdf:concluded that the only potentially relevant offences would be in connection with “sexual ./Web_Decision_-_Naidoo__Preantharan.pdf:activity”. However, Mr Naidoo has not engaged in any sexual “activity”, and therefore the ./Web_Decision_-_Naidoo__Preantharan.pdf-panel does not consider this relevant. ./Web_Decision_-_Naidoo__Preantharan.pdf- ./Web_Decision_-_Naidoo__Preantharan.pdf- ./Web_Decision_-_Naidoo__Preantharan.pdf- 23 ./Web_Decision_-_Naidoo__Preantharan.pdf- -- ./Web_Decision_-_Naidoo__Preantharan.pdf-The panel notes that much of Mr Naidoo’s conduct took place outside of the education ./Web_Decision_-_Naidoo__Preantharan.pdf-setting, and therefore the panel has considered the provisions of the advice which state ./Web_Decision_-_Naidoo__Preantharan.pdf-that misconduct outside of the education setting will only amount to unacceptable ./Web_Decision_-_Naidoo__Preantharan.pdf-professional conduct if it affects the way the person fulfils their teaching role or may lead ./Web_Decision_-_Naidoo__Preantharan.pdf-to pupils being exposed to or influenced by the behaviour in a harmful way. In Mr ./Web_Decision_-_Naidoo__Preantharan.pdf-Naidoo’s case, the panel is satisfied that pupils are at risk of being exposed to harmful ./Web_Decision_-_Naidoo__Preantharan.pdf-behaviour. Mr Naidoo’s behaviour demonstrated a consistent pattern of conduct in that ./Web_Decision_-_Naidoo__Preantharan.pdf-he sought to gain favour with and get close to potentially vulnerable pupils, and he ./Web_Decision_-_Naidoo__Preantharan.pdf-gradually built on that position of trust to cross professional boundaries and introduce ./Web_Decision_-_Naidoo__Preantharan.pdf:sexually motivated conversations and conduct. ./Web_Decision_-_Naidoo__Preantharan.pdf- ./Web_Decision_-_Naidoo__Preantharan.pdf-Accordingly, the panel is satisfied that Mr Naidoo is guilty of unacceptable professional ./Web_Decision_-_Naidoo__Preantharan.pdf-conduct. ./Web_Decision_-_Naidoo__Preantharan.pdf- ./Web_Decision_-_Naidoo__Preantharan.pdf-The panel has also considered whether Mr Naidoo’s conduct also amounts to conduct ./Web_Decision_-_Naidoo__Preantharan.pdf-which may bring the profession into disrepute. The panel has taken into account how the ./Web_Decision_-_Naidoo__Preantharan.pdf-teaching profession is viewed by others and considered the influence that teachers may ./Web_Decision_-_Naidoo__Preantharan.pdf-have on pupils, parents and others in the community. The panel has taken account of the ./Web_Decision_-_Naidoo__Preantharan.pdf-uniquely influential role that teachers can hold in pupils’ lives and that pupils must be able ./Web_Decision_-_Naidoo__Preantharan.pdf-to view teachers as role models in the way they behave. ./Web_Decision_-_Naidoo__Preantharan.pdf- ./Web_Decision_-_Naidoo__Preantharan.pdf:Quite clearly, sexually motivated conduct by a teacher towards potentially vulnerable ./Web_Decision_-_Naidoo__Preantharan.pdf-pupils would be seen by the public as wholly unacceptable. The findings of misconduct ./Web_Decision_-_Naidoo__Preantharan.pdf-are serious and the conduct displayed would likely have a negative impact on the ./Web_Decision_-_Naidoo__Preantharan.pdf-individual’s status as a teacher, potentially damaging the public perception. ./Web_Decision_-_Naidoo__Preantharan.pdf- ./Web_Decision_-_Naidoo__Preantharan.pdf-The panel therefore finds that Mr Naidoo’s behaviour also constitutes conduct that may ./Web_Decision_-_Naidoo__Preantharan.pdf-bring the profession into disrepute. ./Web_Decision_-_Naidoo__Preantharan.pdf- ./Web_Decision_-_Naidoo__Preantharan.pdf- ./Web_Decision_-_Naidoo__Preantharan.pdf-Panel’s recommendation to the Secretary of State ./Web_Decision_-_Naidoo__Preantharan.pdf-Given the panel’s findings in respect of unacceptable professional conduct and conduct -- ./Web_Decision_-_Naidoo__Preantharan.pdf-suggests that a prohibition order may be appropriate if certain behaviours of a teacher ./Web_Decision_-_Naidoo__Preantharan.pdf-have been proven. In the list of such behaviours, those that the panel considers relevant ./Web_Decision_-_Naidoo__Preantharan.pdf-in this case are: ./Web_Decision_-_Naidoo__Preantharan.pdf- ./Web_Decision_-_Naidoo__Preantharan.pdf-  serious departure from the personal and professional conduct elements of the ./Web_Decision_-_Naidoo__Preantharan.pdf- Teachers’ Standards; ./Web_Decision_-_Naidoo__Preantharan.pdf-  misconduct seriously affecting the … well-being of pupils, and particularly where ./Web_Decision_-_Naidoo__Preantharan.pdf- there is a continuing risk; ./Web_Decision_-_Naidoo__Preantharan.pdf-  a deep-seated attitude that leads to harmful behaviour; ./Web_Decision_-_Naidoo__Preantharan.pdf-  abuse of position or trust (particularly involving vulnerable pupils)… and ./Web_Decision_-_Naidoo__Preantharan.pdf:  sexual misconduct, e.g. involving actions that were sexually motivated or of a ./Web_Decision_-_Naidoo__Preantharan.pdf: sexual nature and/or that use or exploit the trust, knowledge or influence derived ./Web_Decision_-_Naidoo__Preantharan.pdf- from the individual’s professional position. ./Web_Decision_-_Naidoo__Preantharan.pdf-In particular, the panel is strongly of the view that this final bullet point captures succinctly ./Web_Decision_-_Naidoo__Preantharan.pdf-its findings against Mr Naidoo. ./Web_Decision_-_Naidoo__Preantharan.pdf- ./Web_Decision_-_Naidoo__Preantharan.pdf-Nevertheless, even though there were behaviours that would point to a prohibition order ./Web_Decision_-_Naidoo__Preantharan.pdf-being appropriate, the panel went on to consider whether or not there were sufficient ./Web_Decision_-_Naidoo__Preantharan.pdf-mitigating factors to militate against a prohibition order being an appropriate and ./Web_Decision_-_Naidoo__Preantharan.pdf-proportionate measure to impose, particularly taking into account the nature and severity ./Web_Decision_-_Naidoo__Preantharan.pdf-of the behaviour in this case. The panel notes that Mr Naidoo was highly regarded by the ./Web_Decision_-_Naidoo__Preantharan.pdf-pupils as well as Witness A, and was an advanced skills teacher. He has a previously ./Web_Decision_-_Naidoo__Preantharan.pdf-good history. ./Web_Decision_-_Naidoo__Preantharan.pdf- ./Web_Decision_-_Naidoo__Preantharan.pdf-However, this mitigating factor alone is not strong enough, in the panel’s view, to ./Web_Decision_-_Naidoo__Preantharan.pdf-outweigh the public interest considerations in favour of a prohibition order being ./Web_Decision_-_Naidoo__Preantharan.pdf-recommended. His actions were deliberate and he was not acting under duress. His ./Web_Decision_-_Naidoo__Preantharan.pdf:conduct was particularly serious given the panel’s findings of sexually motivated conduct ./Web_Decision_-_Naidoo__Preantharan.pdf-over a sustained period of time, towards a number of vulnerable pupils. Some of his ./Web_Decision_-_Naidoo__Preantharan.pdf-behaviour was in plain sight within the academy, which suggests an attempt to normalise ./Web_Decision_-_Naidoo__Preantharan.pdf-his inappropriate behaviour with pupils. ./Web_Decision_-_Naidoo__Preantharan.pdf- ./Web_Decision_-_Naidoo__Preantharan.pdf- ./Web_Decision_-_Naidoo__Preantharan.pdf- 25 ./Web_Decision_-_Naidoo__Preantharan.pdf- -- ./Web_Decision_-_Naidoo__Preantharan.pdf-prohibition order should be imposed with immediate effect. ./Web_Decision_-_Naidoo__Preantharan.pdf- ./Web_Decision_-_Naidoo__Preantharan.pdf-The panel has gone on to consider whether or not it would be appropriate for it to ./Web_Decision_-_Naidoo__Preantharan.pdf-recommend that a review period of the order should be considered. The panel is mindful ./Web_Decision_-_Naidoo__Preantharan.pdf-that the Advice states that a prohibition order applies for life, but there may be ./Web_Decision_-_Naidoo__Preantharan.pdf-circumstances in any given case that may make it appropriate to allow a teacher to apply ./Web_Decision_-_Naidoo__Preantharan.pdf-to have the prohibition order reviewed after a specified period of time that may not be ./Web_Decision_-_Naidoo__Preantharan.pdf-less than two years. ./Web_Decision_-_Naidoo__Preantharan.pdf- ./Web_Decision_-_Naidoo__Preantharan.pdf-The panel notes that the Advice indicates that there are behaviours that, if proven, would ./Web_Decision_-_Naidoo__Preantharan.pdf:militate against a review period being recommended. One of these is serious sexual ./Web_Decision_-_Naidoo__Preantharan.pdf:misconduct, for example where the act was sexually motivated and resulted in or had the ./Web_Decision_-_Naidoo__Preantharan.pdf-potential to result in, harm to a person or persons, particularly where the individual has ./Web_Decision_-_Naidoo__Preantharan.pdf-used their professional position to influence or exploit a person or persons. ./Web_Decision_-_Naidoo__Preantharan.pdf- ./Web_Decision_-_Naidoo__Preantharan.pdf-In Mr Naidoo’s case, the panel is strongly of the view that this description applies to him. ./Web_Decision_-_Naidoo__Preantharan.pdf:The panel has already found that his actions were sexually motivated and had the ./Web_Decision_-_Naidoo__Preantharan.pdf-potential to result in harm to the students. Indeed, some of the students did feel ./Web_Decision_-_Naidoo__Preantharan.pdf-uncomfortable or embarrassed by his actions. The panel was particularly concerned that ./Web_Decision_-_Naidoo__Preantharan.pdf-Mr Naidoo had used his professional position to strengthen the trust of these students, ./Web_Decision_-_Naidoo__Preantharan.pdf-and develop closer relationships with them after they left the academy. The panel ./Web_Decision_-_Naidoo__Preantharan.pdf-considers it unlikely that these students would have engaged with Mr Naidoo in the same ./Web_Decision_-_Naidoo__Preantharan.pdf-way had he not been their teacher. ./Web_Decision_-_Naidoo__Preantharan.pdf- ./Web_Decision_-_Naidoo__Preantharan.pdf-Further, the panel was concerned to note that Mr Naidoo had not engaged with any of ./Web_Decision_-_Naidoo__Preantharan.pdf-the investigations into the allegations at any stage. He has provided no indication of any ./Web_Decision_-_Naidoo__Preantharan.pdf-insight into or remorse for his actions, nor demonstrated an intention to learn from his -- ./Web_Decision_-_Naidoo__Preantharan.pdf- ./Web_Decision_-_Naidoo__Preantharan.pdf-I have taken into account the list of behaviours that the panel considers relevant in this ./Web_Decision_-_Naidoo__Preantharan.pdf-case, which are: ./Web_Decision_-_Naidoo__Preantharan.pdf- ./Web_Decision_-_Naidoo__Preantharan.pdf-  serious departure from the personal and professional conduct elements of the ./Web_Decision_-_Naidoo__Preantharan.pdf- Teachers’ Standards; ./Web_Decision_-_Naidoo__Preantharan.pdf-  misconduct seriously affecting the … well-being of pupils, and particularly where ./Web_Decision_-_Naidoo__Preantharan.pdf- there is a continuing risk; ./Web_Decision_-_Naidoo__Preantharan.pdf-  a deep-seated attitude that leads to harmful behaviour; ./Web_Decision_-_Naidoo__Preantharan.pdf-  abuse of position or trust (particularly involving vulnerable pupils)… and ./Web_Decision_-_Naidoo__Preantharan.pdf:  sexual misconduct, e.g. involving actions that were sexually motivated or of a ./Web_Decision_-_Naidoo__Preantharan.pdf: sexual nature and/or that use or exploit the trust, knowledge or influence derived ./Web_Decision_-_Naidoo__Preantharan.pdf- from the individual’s professional position. ./Web_Decision_-_Naidoo__Preantharan.pdf- ./Web_Decision_-_Naidoo__Preantharan.pdf- ./Web_Decision_-_Naidoo__Preantharan.pdf- ./Web_Decision_-_Naidoo__Preantharan.pdf- ./Web_Decision_-_Naidoo__Preantharan.pdf- 27 ./Web_Decision_-_Naidoo__Preantharan.pdf- -- ./Web_Decision_-_Naidoo__Preantharan.pdf- ./Web_Decision_-_Naidoo__Preantharan.pdf-Having taken all those factors into account and having considered the panel’s ./Web_Decision_-_Naidoo__Preantharan.pdf-recommendation to me, I support that recommendation that Mr Naidoo should be subject ./Web_Decision_-_Naidoo__Preantharan.pdf-to a prohibition order. ./Web_Decision_-_Naidoo__Preantharan.pdf- ./Web_Decision_-_Naidoo__Preantharan.pdf-I have gone on to consider the panel’s recommendation in respect of a review period. I ./Web_Decision_-_Naidoo__Preantharan.pdf-have noted that Mr Naidoo was highly regarded by the pupils as well as Witness A, and ./Web_Decision_-_Naidoo__Preantharan.pdf-that he was an advanced skills teacher. He has a previously good history. ./Web_Decision_-_Naidoo__Preantharan.pdf- ./Web_Decision_-_Naidoo__Preantharan.pdf-Mr Naidoo’s actions were deliberate and he was not acting under duress. His conduct ./Web_Decision_-_Naidoo__Preantharan.pdf:was particularly serious given the panel’s findings of sexually motivated conduct over a ./Web_Decision_-_Naidoo__Preantharan.pdf-sustained period of time, towards a number of vulnerable pupils. ./Web_Decision_-_Naidoo__Preantharan.pdf- ./Web_Decision_-_Naidoo__Preantharan.pdf-I have noted the comments from the panel that Mr Naidoo has provided no indication of ./Web_Decision_-_Naidoo__Preantharan.pdf-any insight into or remorse for his actions, nor demonstrated an intention to learn from his ./Web_Decision_-_Naidoo__Preantharan.pdf-conduct or a commitment to abiding by the Teachers’ Standards. In the circumstances, ./Web_Decision_-_Naidoo__Preantharan.pdf-and for the reasons set out, I support the panel’s recommendation that there should be ./Web_Decision_-_Naidoo__Preantharan.pdf-no review period. ./Web_Decision_-_Naidoo__Preantharan.pdf- ./Web_Decision_-_Naidoo__Preantharan.pdf-This means that Mr Preantharan Naidoo is prohibited from teaching indefinitely ./Web_Decision_-_Naidoo__Preantharan.pdf-and cannot teach in any school, sixth form college, relevant youth accommodation ./Web_decision_-_Ockendon__Steven_-_30_September_2015.pdf-Teacher: Mr Steven Barry Ockendon ./Web_decision_-_Ockendon__Steven_-_30_September_2015.pdf- ./Web_decision_-_Ockendon__Steven_-_30_September_2015.pdf-Teacher ref number: 0048097 ./Web_decision_-_Ockendon__Steven_-_30_September_2015.pdf- ./Web_decision_-_Ockendon__Steven_-_30_September_2015.pdf-Teacher date of birth: 04 October 1979 ./Web_decision_-_Ockendon__Steven_-_30_September_2015.pdf- ./Web_decision_-_Ockendon__Steven_-_30_September_2015.pdf-NCTL case reference: 10861 ./Web_decision_-_Ockendon__Steven_-_30_September_2015.pdf- ./Web_decision_-_Ockendon__Steven_-_30_September_2015.pdf-Date of determination: 28 September 2015 ./Web_decision_-_Ockendon__Steven_-_30_September_2015.pdf- ./Web_decision_-_Ockendon__Steven_-_30_September_2015.pdf:Former employer: St Thomas More's Catholic Primary School, Essex ./Web_decision_-_Ockendon__Steven_-_30_September_2015.pdf- ./Web_decision_-_Ockendon__Steven_-_30_September_2015.pdf: St Peter's Church of England Primary School, Essex ./Web_decision_-_Ockendon__Steven_-_30_September_2015.pdf- ./Web_decision_-_Ockendon__Steven_-_30_September_2015.pdf: Fordham All Saints Church of England Primary School, Essex ./Web_decision_-_Ockendon__Steven_-_30_September_2015.pdf- ./Web_decision_-_Ockendon__Steven_-_30_September_2015.pdf- ./Web_decision_-_Ockendon__Steven_-_30_September_2015.pdf-A. Introduction ./Web_decision_-_Ockendon__Steven_-_30_September_2015.pdf-A professional conduct panel (“the panel”) of the National College for Teaching and ./Web_decision_-_Ockendon__Steven_-_30_September_2015.pdf-Leadership (“the National College”) convened on 16 September 2015 at 53 to 55 Butts ./Web_decision_-_Ockendon__Steven_-_30_September_2015.pdf-Road, Earlsdon Park, Coventry CV1 3BH to consider the case of Mr Steven Barry ./Web_decision_-_Ockendon__Steven_-_30_September_2015.pdf-Ockendon. The panel continued the hearing on 17 September 2015 and then adjourned ./Web_decision_-_Ockendon__Steven_-_30_September_2015.pdf-until 28 September 2015, when the hearing was concluded. ./Web_decision_-_Ockendon__Steven_-_30_September_2015.pdf- ./Web_decision_-_Ockendon__Steven_-_30_September_2015.pdf-The panel members were Mr Martin Greenslade (lay panellist – in the chair), Mrs Alison ./Web_decision_-_Powell_S_13095.pdf-Teacher: Mr Sean Michael Powell ./Web_decision_-_Powell_S_13095.pdf- ./Web_decision_-_Powell_S_13095.pdf-Teacher ref number: 9046718 ./Web_decision_-_Powell_S_13095.pdf- ./Web_decision_-_Powell_S_13095.pdf-Teacher date of birth: 18 June 1966 ./Web_decision_-_Powell_S_13095.pdf- ./Web_decision_-_Powell_S_13095.pdf-NCTL case reference: 13095 ./Web_decision_-_Powell_S_13095.pdf- ./Web_decision_-_Powell_S_13095.pdf-Date of determination: 3 February 2016 ./Web_decision_-_Powell_S_13095.pdf- ./Web_decision_-_Powell_S_13095.pdf:Former employer: Harwich and Dovercourt High School, Essex ./Web_decision_-_Powell_S_13095.pdf- ./Web_decision_-_Powell_S_13095.pdf- ./Web_decision_-_Powell_S_13095.pdf-A. Introduction ./Web_decision_-_Powell_S_13095.pdf-A professional conduct panel (“the panel”) of the National College for Teaching and ./Web_decision_-_Powell_S_13095.pdf-Leadership (“the National College”) convened between 1st and 3rd February 2016 at 53 to ./Web_decision_-_Powell_S_13095.pdf-55 Butts Road, Earlsdon Park, Coventry CV1 3BH to consider the case of Sean Michael ./Web_decision_-_Powell_S_13095.pdf-Powell. ./Web_decision_-_Powell_S_13095.pdf- ./Web_decision_-_Powell_S_13095.pdf-The panel members were Tony Woodward (teacher panellist – in the chair), John Elliott ./Web_decision_-_Powell_S_13095.pdf-(lay panellist) and Mary Speakman (teacher panellist). -- ./Web_decision_-_Powell_S_13095.pdf-factors to militate against a prohibition order being an appropriate and proportionate ./Web_decision_-_Powell_S_13095.pdf-measure to impose, particularly taking into account the nature and severity of the ./Web_decision_-_Powell_S_13095.pdf-behaviour in this case. ./Web_decision_-_Powell_S_13095.pdf- ./Web_decision_-_Powell_S_13095.pdf-The panel’s findings against Mr Powell involved both inappropriate communication and ./Web_decision_-_Powell_S_13095.pdf-physical contact with female pupils. There was a repeated failure to follow reasonable ./Web_decision_-_Powell_S_13095.pdf-management instructions not to engage in such conduct. In the light of these findings the ./Web_decision_-_Powell_S_13095.pdf-panel recognised there is a strong public interest consideration in respect of the ./Web_decision_-_Powell_S_13095.pdf-protection of pupils. However, given the findings of inappropriate contact with children, ./Web_decision_-_Powell_S_13095.pdf-the panel consider it highly significant that there was no allegation or evidence of any ./Web_decision_-_Powell_S_13095.pdf:sexually motivated behaviour. ./Web_decision_-_Powell_S_13095.pdf- ./Web_decision_-_Powell_S_13095.pdf- ./Web_decision_-_Powell_S_13095.pdf- ./Web_decision_-_Powell_S_13095.pdf- ./Web_decision_-_Powell_S_13095.pdf- 13 ./Web_decision_-_Powell_S_13095.pdf- -- ./Web_decision_-_Powell_S_13095.pdf-Mr Powell has shown insight into his professional failings. He has engaged fully in these ./Web_decision_-_Powell_S_13095.pdf-proceedings and from their outset he has admitted that his behaviour amounts to ./Web_decision_-_Powell_S_13095.pdf-unacceptable professional conduct. The panel recognises that public confidence in the ./Web_decision_-_Powell_S_13095.pdf-profession could be weakened if serious misconduct were not treated with the utmost ./Web_decision_-_Powell_S_13095.pdf-seriousness when regulating the conduct of the profession. However the panel agrees ./Web_decision_-_Powell_S_13095.pdf-that Mr Powell’s admitted and proved misconduct is not so serious as to warrant a ./Web_decision_-_Powell_S_13095.pdf-recommendation for prohibition. The panel has reached this conclusion for the following ./Web_decision_-_Powell_S_13095.pdf-reasons: ./Web_decision_-_Powell_S_13095.pdf- ./Web_decision_-_Powell_S_13095.pdf: 1. There was no allegation or evidence of any sexual motivation; ./Web_decision_-_Powell_S_13095.pdf- ./Web_decision_-_Powell_S_13095.pdf- 2. Certain aspects of his misbehaviour were clearly well intentioned but ./Web_decision_-_Powell_S_13095.pdf- misguided. For example, seeking to support a vulnerable pupil; ./Web_decision_-_Powell_S_13095.pdf- ./Web_decision_-_Powell_S_13095.pdf- 3. He has demonstrated belated insight into his behaviour. On his own admission ./Web_decision_-_Powell_S_13095.pdf- he now recognises he behaved foolishly and arrogantly in failing to adhere to ./Web_decision_-_Powell_S_13095.pdf- management instructions to modify his behaviour; ./Web_decision_-_Powell_S_13095.pdf- ./Web_decision_-_Powell_S_13095.pdf- 4. Having read the documents in the case and the references that Mr Powell ./Web_decision_-_Powell_S_13095.pdf- provided, the panel accepts that in all other respects he was considered to be -- ./Web_decision_-_Powell_S_13095.pdf-I agree with the panel that the conduct of Mr Powell fell significantly short of the ./Web_decision_-_Powell_S_13095.pdf-standards expected of the profession. ./Web_decision_-_Powell_S_13095.pdf- ./Web_decision_-_Powell_S_13095.pdf-The panel has considered the public interest both in favour of and against prohibition as ./Web_decision_-_Powell_S_13095.pdf-well as the interests of Mr Powell. I note that the panel considers that Mr Powell has ./Web_decision_-_Powell_S_13095.pdf-shown insight into his professional failings, and engaged fully in these proceedings from ./Web_decision_-_Powell_S_13095.pdf:the outset. There was no allegation or evidence of any sexual motivation. I note the panel ./Web_decision_-_Powell_S_13095.pdf-also accepts that in all other respects Mr Powell was considered to be a good and ./Web_decision_-_Powell_S_13095.pdf-effective teacher. I agree with the panel that Mr Powell’s admitted and proved misconduct ./Web_decision_-_Powell_S_13095.pdf-is not so serious as to warrant prohibition, and that the nature and severity of the ./Web_decision_-_Powell_S_13095.pdf-behaviour is at the less serious end of the spectrum. ./Web_decision_-_Powell_S_13095.pdf- ./Web_decision_-_Powell_S_13095.pdf-Taking into account that there has been a finding of unprofessional conduct, which is a ./Web_decision_-_Powell_S_13095.pdf-serious matter in itself, I agree with the panel’s recommendation that prohibition is not ./Web_decision_-_Powell_S_13095.pdf-proportionate and appropriate in this case. ./Web_decision_-_Powell_S_13095.pdf- ./Web_decision_-_Powell_S_13095.pdf- ./Web_Decision_-_Richardson__Timothy.pdf-October 2015. ./Web_Decision_-_Richardson__Timothy.pdf- ./Web_Decision_-_Richardson__Timothy.pdf-It was alleged that Mr Richardson was guilty of unacceptable professional conduct and/or ./Web_Decision_-_Richardson__Timothy.pdf-conduct that may bring the profession into disrepute in that: ./Web_Decision_-_Richardson__Timothy.pdf- ./Web_Decision_-_Richardson__Timothy.pdf- 1. He failed to maintain appropriate professional boundaries in around 2006, in ./Web_Decision_-_Richardson__Timothy.pdf- relation to Student A he: ./Web_Decision_-_Richardson__Timothy.pdf- ./Web_Decision_-_Richardson__Timothy.pdf- i. entered into a relationship with her; ./Web_Decision_-_Richardson__Timothy.pdf- ./Web_Decision_-_Richardson__Timothy.pdf: ii. engaged in sexual activity with Student A on one or more occasions. ./Web_Decision_-_Richardson__Timothy.pdf- ./Web_Decision_-_Richardson__Timothy.pdf- 2. He failed to declare the nature of his relationship with Student A when questioned ./Web_Decision_-_Richardson__Timothy.pdf- by his employer. ./Web_Decision_-_Richardson__Timothy.pdf- ./Web_Decision_-_Richardson__Timothy.pdf- 3. He fraudulently produced letters purported to be from South Tees Hospitals NHS ./Web_Decision_-_Richardson__Timothy.pdf- Foundation Trust to account for his absences on one or more occasions including ./Web_Decision_-_Richardson__Timothy.pdf- letters dated: ./Web_Decision_-_Richardson__Timothy.pdf- ./Web_Decision_-_Richardson__Timothy.pdf- a. 21 October 2013; ./Web_Decision_-_Richardson__Timothy.pdf- -- ./Web_Decision_-_Richardson__Timothy.pdf- ./Web_Decision_-_Richardson__Timothy.pdf- 4. He attempted to mislead the School about the reasons for his absences on one or ./Web_Decision_-_Richardson__Timothy.pdf- more occasions including his absence on: ./Web_Decision_-_Richardson__Timothy.pdf- ./Web_Decision_-_Richardson__Timothy.pdf- a. 21 October 2013; ./Web_Decision_-_Richardson__Timothy.pdf- ./Web_Decision_-_Richardson__Timothy.pdf- b. 20 November 2013; ./Web_Decision_-_Richardson__Timothy.pdf- ./Web_Decision_-_Richardson__Timothy.pdf- c. 4 April 2014. ./Web_Decision_-_Richardson__Timothy.pdf- ./Web_Decision_-_Richardson__Timothy.pdf: 5. His actions as set out in paragraph 1 above were sexually motivated. ./Web_Decision_-_Richardson__Timothy.pdf- ./Web_Decision_-_Richardson__Timothy.pdf- 6. His actions as set out in paragraphs 2 and/or 3 and/or 4 above were dishonest. ./Web_Decision_-_Richardson__Timothy.pdf- ./Web_Decision_-_Richardson__Timothy.pdf-The Notice of Proceedings form indicates that Mr Richardson neither admits the facts of ./Web_Decision_-_Richardson__Timothy.pdf-these allegations nor that they amount to unacceptable professional conduct and/or ./Web_Decision_-_Richardson__Timothy.pdf-conduct that may bring the profession into disrepute. This case is therefore proceeding ./Web_Decision_-_Richardson__Timothy.pdf-as a disputed case. ./Web_Decision_-_Richardson__Timothy.pdf- ./Web_Decision_-_Richardson__Timothy.pdf- ./Web_Decision_-_Richardson__Timothy.pdf- -- ./Web_Decision_-_Richardson__Timothy.pdf-his credibility in relation to the facts set out at allegations 3 and 4, the School decided to ./Web_Decision_-_Richardson__Timothy.pdf-re-open an investigation undertaken in 2010 in relation to an allegation of an ./Web_Decision_-_Richardson__Timothy.pdf-inappropriate relationship with one or more pupils (which included Student A). ./Web_Decision_-_Richardson__Timothy.pdf-Witness A confirmed in his oral evidence that back in 2010 issues had been raised about ./Web_Decision_-_Richardson__Timothy.pdf-Mr Richardson’s credibility and integrity. At that time, Mr Richardson’s account had been ./Web_Decision_-_Richardson__Timothy.pdf-plausible and the School had been unable to contact the alleged victim(s). At that time, ./Web_Decision_-_Richardson__Timothy.pdf-Mr Richardson admitted that he had had a relationship with two pupils within a year of ./Web_Decision_-_Richardson__Timothy.pdf-those pupils leaving the School’s sixth form. He denied that any relationship started ./Web_Decision_-_Richardson__Timothy.pdf-whilst any former pupil was still a pupil of the School. Following the School’s investigation ./Web_Decision_-_Richardson__Timothy.pdf-in 2010, Mr Richardson received a letter of concern from the headteacher which stated ./Web_Decision_-_Richardson__Timothy.pdf:that no sexual relationship be formed between a member of staff and any student of the ./Web_Decision_-_Richardson__Timothy.pdf-School or any former student prior to their 19th birthday. ./Web_Decision_-_Richardson__Timothy.pdf-In her closing submissions, the presenting officer invited the panel to consider whether ./Web_Decision_-_Richardson__Timothy.pdf-Mr Richardson commenced a relationship with Student A in her final year of school, year ./Web_Decision_-_Richardson__Timothy.pdf-13. ./Web_Decision_-_Richardson__Timothy.pdf-The panel found that Mr Richardson’s account, in his written representations, conflicted ./Web_Decision_-_Richardson__Timothy.pdf-with that of Student A’s in that he says the relationship started during a camping trip after ./Web_Decision_-_Richardson__Timothy.pdf-she had left the School. ./Web_Decision_-_Richardson__Timothy.pdf-The panel considered that Student A was a credible and convincing witness. It was clear ./Web_Decision_-_Richardson__Timothy.pdf-that she genuinely cared for Mr Richardson and was clearly distressed in giving some of ./Web_Decision_-_Richardson__Timothy.pdf-her evidence. ./Web_Decision_-_Richardson__Timothy.pdf- ./Web_Decision_-_Richardson__Timothy.pdf-Taking all the evidence into account, the panel found this allegation proven on the ./Web_Decision_-_Richardson__Timothy.pdf-balance of probabilities. ./Web_Decision_-_Richardson__Timothy.pdf- ./Web_Decision_-_Richardson__Timothy.pdf: ii. engaged in sexual activity with Student A on one or more ./Web_Decision_-_Richardson__Timothy.pdf- occasions; ./Web_Decision_-_Richardson__Timothy.pdf- ./Web_Decision_-_Richardson__Timothy.pdf- ./Web_Decision_-_Richardson__Timothy.pdf- 9 ./Web_Decision_-_Richardson__Timothy.pdf- -- ./Web_Decision_-_Richardson__Timothy.pdf-Although in her oral evidence, Student A could not recall exactly how or when the ./Web_Decision_-_Richardson__Timothy.pdf-relationship with Mr Richardson started, she did recall that she passed her driving test on ./Web_Decision_-_Richardson__Timothy.pdf-2 March 2006, a month before her 18th birthday in April 2006. When she undertook her ./Web_Decision_-_Richardson__Timothy.pdf-first driving test in December 2005 she remembers that at that time she and Mr ./Web_Decision_-_Richardson__Timothy.pdf:Richardson were already in a sexual relationship. This was during the early part of her ./Web_Decision_-_Richardson__Timothy.pdf-second year of sixth form. ./Web_Decision_-_Richardson__Timothy.pdf:In his written representations, Mr Richardson denies any inappropriate or sexual ./Web_Decision_-_Richardson__Timothy.pdf-relationship with Student A whilst she was a pupil at the School. Mr Richardson, in his ./Web_Decision_-_Richardson__Timothy.pdf-statement of 9 January 2016, relies on the investigatory interview of Student A’s mother ./Web_Decision_-_Richardson__Timothy.pdf-in 2010, in which she states that she was aware of the relationship and it was for a brief ./Web_Decision_-_Richardson__Timothy.pdf-period of time. Student A’s mother may have stated that the relationship took place in ./Web_Decision_-_Richardson__Timothy.pdf-summer 2006; however the panel accepted Student A’s evidence that her mother did not ./Web_Decision_-_Richardson__Timothy.pdf-know the full truth at the time. ./Web_Decision_-_Richardson__Timothy.pdf-The presenting officer submitted that, on the balance of probabilities, it is more likely than ./Web_Decision_-_Richardson__Timothy.pdf:not that Mr Richardson was in a sexual relationship with Student A whilst she was at ./Web_Decision_-_Richardson__Timothy.pdf-School. Therefore, it is the presenting officer’s submission that it follows that allegation 2 ./Web_Decision_-_Richardson__Timothy.pdf-is proven. ./Web_Decision_-_Richardson__Timothy.pdf-During the investigation meeting with the School in 2010, in response to a direct question ./Web_Decision_-_Richardson__Timothy.pdf-from the headteacher, Mr Richardson flatly denied having being in a relationship with ./Web_Decision_-_Richardson__Timothy.pdf-Student A whilst she was at the School. However, the panel preferred the written ./Web_Decision_-_Richardson__Timothy.pdf-evidence and oral testimony of Student A. This allegation is therefore found proven. ./Web_Decision_-_Richardson__Timothy.pdf- 2. You failed to declare the nature of your relationship with Student A when ./Web_Decision_-_Richardson__Timothy.pdf- questioned by your employer; ./Web_Decision_-_Richardson__Timothy.pdf- ./Web_Decision_-_Richardson__Timothy.pdf-The panel noted from the record of the various investigation meetings included in the -- ./Web_Decision_-_Richardson__Timothy.pdf- ./Web_Decision_-_Richardson__Timothy.pdf-The presenting officer submits that in his written representations, Mr Richardson accepts ./Web_Decision_-_Richardson__Timothy.pdf-the entirety of allegation 3. The presenting officer also submitted that Mr Richardson ./Web_Decision_-_Richardson__Timothy.pdf-claiming to suffer from a bad headache and then later explaining his absence on 4 April ./Web_Decision_-_Richardson__Timothy.pdf-2014 as attending appointments with his wife relating to his unborn child, was ./Web_Decision_-_Richardson__Timothy.pdf-implausible. The panel agreed with the presenting officer’s submissions. The panel ./Web_Decision_-_Richardson__Timothy.pdf-considered that Mr Richardson’s changing account of the reasons for his absence on 4 ./Web_Decision_-_Richardson__Timothy.pdf-April was intended to mislead the School. The panel therefore found allegation 4c ./Web_Decision_-_Richardson__Timothy.pdf-proven. ./Web_Decision_-_Richardson__Timothy.pdf- ./Web_Decision_-_Richardson__Timothy.pdf: 5. Your actions as set out in paragraph 1 above were sexually motivated; ./Web_Decision_-_Richardson__Timothy.pdf- ./Web_Decision_-_Richardson__Timothy.pdf-The panel was advised by the legal advisor that the first question the panel needs to ask ./Web_Decision_-_Richardson__Timothy.pdf-itself is whether reasonable persons would think the facts found proven against Mr ./Web_Decision_-_Richardson__Timothy.pdf:Richardson could be sexual i.e. an objective test. If so, the panel would then need to go ./Web_Decision_-_Richardson__Timothy.pdf-on to ask itself a second question: whether, in all the circumstances of the conduct in the ./Web_Decision_-_Richardson__Timothy.pdf:case, Mr Richardson’s purpose towards Student A was sexual, i.e. the subjective test. ./Web_Decision_-_Richardson__Timothy.pdf-For all the reasons set out in the panel’s findings relating to allegation 1(i) and 1(ii) in ./Web_Decision_-_Richardson__Timothy.pdf:particular, the panel has found that sexual activity between Mr Richardson and Student A ./Web_Decision_-_Richardson__Timothy.pdf-took place whilst she was still a pupil of the School in the academic year 2005/06. The ./Web_Decision_-_Richardson__Timothy.pdf-panel considered that a reasonable person would believe that the conduct found proven ./Web_Decision_-_Richardson__Timothy.pdf:was sexual, and that Mr Richardson’s behaviour towards Student A was sexual. The ./Web_Decision_-_Richardson__Timothy.pdf-panel therefore found both the objective and subjective test was met. ./Web_Decision_-_Richardson__Timothy.pdf- ./Web_Decision_-_Richardson__Timothy.pdf- ./Web_Decision_-_Richardson__Timothy.pdf- ./Web_Decision_-_Richardson__Timothy.pdf- 13 ./Web_Decision_-_Richardson__Timothy.pdf- -- ./Web_Decision_-_Richardson__Timothy.pdf-It therefore follows that the panel find that Mr Richardson’s behaviour towards Student A, ./Web_Decision_-_Richardson__Timothy.pdf:in forming an inappropriate and then sexual relationship with Student A, was sexually ./Web_Decision_-_Richardson__Timothy.pdf-motivated. Therefore this allegation is found proven. ./Web_Decision_-_Richardson__Timothy.pdf- 6. Your actions as set out in paragraphs 2 and/or 3 and/or 4 above were ./Web_Decision_-_Richardson__Timothy.pdf- dishonest. ./Web_Decision_-_Richardson__Timothy.pdf- ./Web_Decision_-_Richardson__Timothy.pdf-The panel were advised by the legal advisor that the case of R v Ghosh set out the ./Web_Decision_-_Richardson__Timothy.pdf-relevant test for dishonesty. The first question the panel must ask itself is, were Mr ./Web_Decision_-_Richardson__Timothy.pdf-Richardson’s actions dishonest by the standards of reasonable and honest teachers (the ./Web_Decision_-_Richardson__Timothy.pdf-objective test). If the panel consider that his actions were dishonest by those standards ./Web_Decision_-_Richardson__Timothy.pdf-then, and only then, must the panel ask themselves the second stage of the test, i.e. the ./Web_Decision_-_Richardson__Timothy.pdf-subjective test. The panel has to consider whether Mr Richardson must have known that -- ./Web_Decision_-_Richardson__Timothy.pdf- at all times observing proper boundaries appropriate to a teacher’s ./Web_Decision_-_Richardson__Timothy.pdf- professional position; ./Web_Decision_-_Richardson__Timothy.pdf- o having regard for the need to safeguard pupils’ well-being, in accordance with ./Web_Decision_-_Richardson__Timothy.pdf- statutory provisions; ./Web_Decision_-_Richardson__Timothy.pdf-  Teachers must have proper and professional regard for the ethos, policies and ./Web_Decision_-_Richardson__Timothy.pdf- practices of the school in which they teach, and maintain high standards in their ./Web_Decision_-_Richardson__Timothy.pdf- own attendance and punctuality. ./Web_Decision_-_Richardson__Timothy.pdf-  Teachers must have an understanding of, and always act within, the statutory ./Web_Decision_-_Richardson__Timothy.pdf- frameworks which set out their professional duties and responsibilities. ./Web_Decision_-_Richardson__Timothy.pdf-The panel is satisfied that the conduct of Mr Richardson fell significantly short of the ./Web_Decision_-_Richardson__Timothy.pdf:standards expected of the profession in that he formed an inappropriate sexual ./Web_Decision_-_Richardson__Timothy.pdf-relationship with a pupil. The panel also found that the production of fraudulent ./Web_Decision_-_Richardson__Timothy.pdf-documentation to support unexplained absences, also fell significantly short of the ./Web_Decision_-_Richardson__Timothy.pdf-standards expected of the profession. ./Web_Decision_-_Richardson__Timothy.pdf- ./Web_Decision_-_Richardson__Timothy.pdf-The panel has also considered whether Mr Richardson’s conduct displayed behaviours ./Web_Decision_-_Richardson__Timothy.pdf-associated with any of the offences listed on pages 8 and 9 of the Advice. The panel ./Web_Decision_-_Richardson__Timothy.pdf-considered the behaviours of Mr Richardson can be associated with the offences of fraud ./Web_Decision_-_Richardson__Timothy.pdf:or serious dishonesty and sexual activity. The Advice indicates that where behaviours ./Web_Decision_-_Richardson__Timothy.pdf-associated with such offences exist, a panel is likely to conclude that an individual’s ./Web_Decision_-_Richardson__Timothy.pdf-conduct would amount to unacceptable professional conduct. ./Web_Decision_-_Richardson__Timothy.pdf- ./Web_Decision_-_Richardson__Timothy.pdf-Accordingly, the panel is satisfied that Mr Richardson is guilty of unacceptable ./Web_Decision_-_Richardson__Timothy.pdf-professional conduct. ./Web_Decision_-_Richardson__Timothy.pdf- ./Web_Decision_-_Richardson__Timothy.pdf-The panel has taken into account how the teaching profession is viewed by others and ./Web_Decision_-_Richardson__Timothy.pdf-considered the influence that teachers may have on pupils, parents and others in the ./Web_Decision_-_Richardson__Timothy.pdf-community. The panel has taken account of the uniquely influential role that teachers can ./Web_Decision_-_Richardson__Timothy.pdf-hold in pupils’ lives and that pupils must be able to view teachers as role models in the -- ./Web_Decision_-_Richardson__Timothy.pdf-  misconduct seriously affecting the education and/or well-being of pupils, and ./Web_Decision_-_Richardson__Timothy.pdf- particularly where there is a continuing risk; ./Web_Decision_-_Richardson__Timothy.pdf-  abuse of position or trust (particularly involving vulnerable pupils) or violation of the ./Web_Decision_-_Richardson__Timothy.pdf- rights of pupils; ./Web_Decision_-_Richardson__Timothy.pdf-  dishonesty especially where there have been serious consequences, and/or it has ./Web_Decision_-_Richardson__Timothy.pdf- been repeated and/or covered up; ./Web_Decision_-_Richardson__Timothy.pdf:  sexual misconduct, eg involving actions that were sexually motivated or of a ./Web_Decision_-_Richardson__Timothy.pdf: sexual nature and/or that use or exploit the trust, knowledge or influence derived ./Web_Decision_-_Richardson__Timothy.pdf- from the individual’s professional position; ./Web_Decision_-_Richardson__Timothy.pdf-Even though there were behaviours that would point to a prohibition order being ./Web_Decision_-_Richardson__Timothy.pdf-appropriate, the panel went on to consider whether or not there were sufficient mitigating ./Web_Decision_-_Richardson__Timothy.pdf-factors to militate against a prohibition order being an appropriate and proportionate ./Web_Decision_-_Richardson__Timothy.pdf-measure to impose, particularly taking into account the nature and severity of the ./Web_Decision_-_Richardson__Timothy.pdf-behaviour in this case. ./Web_Decision_-_Richardson__Timothy.pdf- ./Web_Decision_-_Richardson__Timothy.pdf-In light of the panel’s findings, the panel concluded that Mr Richardson’s actions were ./Web_Decision_-_Richardson__Timothy.pdf-deliberate and there was no evidence that he was acting under duress. ./Web_Decision_-_Richardson__Timothy.pdf- -- ./Web_Decision_-_Richardson__Timothy.pdf-to have the prohibition order reviewed after a specified period of time that may not be ./Web_Decision_-_Richardson__Timothy.pdf-less than 2 years. ./Web_Decision_-_Richardson__Timothy.pdf- ./Web_Decision_-_Richardson__Timothy.pdf-The Advice indicates that there are behaviours that, if proven, would militate against a ./Web_Decision_-_Richardson__Timothy.pdf-review period being recommended. Some of these behaviours include fraud or serious ./Web_Decision_-_Richardson__Timothy.pdf:dishonesty and serious sexual misconduct, eg where the act was sexually motivated and ./Web_Decision_-_Richardson__Timothy.pdf-resulted in or had the potential to result in, harm to a person or persons, particularly ./Web_Decision_-_Richardson__Timothy.pdf-where the individual has used their professional position to influence or exploit a person ./Web_Decision_-_Richardson__Timothy.pdf-or persons. The panel has found that Mr Richardson influenced Student A to enter into ./Web_Decision_-_Richardson__Timothy.pdf:an inappropriate sexual relationship with him. The panel take the view that relationships ./Web_Decision_-_Richardson__Timothy.pdf-of this nature have the potential to be seriously harmful. Mr Richardson also ./Web_Decision_-_Richardson__Timothy.pdf-demonstrated misleading behaviour in deliberately providing fraudulent documentation to ./Web_Decision_-_Richardson__Timothy.pdf-the School, albeit the panel acknowledged this was at the lower end of the possible ./Web_Decision_-_Richardson__Timothy.pdf-spectrum. ./Web_Decision_-_Richardson__Timothy.pdf- ./Web_Decision_-_Richardson__Timothy.pdf-In his statement of 9 January 2016, Mr Richardson states that he regrets that his ./Web_Decision_-_Richardson__Timothy.pdf-behaviour had had a detrimental impact on certain individuals, the School, his personal ./Web_Decision_-_Richardson__Timothy.pdf-life and career. The panel were concerned that Mr Richardson has shown no insight into ./Web_Decision_-_Richardson__Timothy.pdf-the unacceptability of his conduct, its potential to cause harm, and its concomitant breach ./Web_Decision_-_Richardson__Timothy.pdf-of trust. The panel were not satisfied that Mr Richardson has demonstrated that he would -- ./Web_Decision_-_Richardson__Timothy.pdf-circumstances for the prohibition order to be recommended without provision for a review ./Web_Decision_-_Richardson__Timothy.pdf-period. ./Web_Decision_-_Richardson__Timothy.pdf- ./Web_Decision_-_Richardson__Timothy.pdf- ./Web_Decision_-_Richardson__Timothy.pdf-Decision and reasons on behalf of the Secretary of State ./Web_Decision_-_Richardson__Timothy.pdf-I have given careful consideration to the findings and recommendations of the panel in ./Web_Decision_-_Richardson__Timothy.pdf-this case. The panel has found all the allegations proven and judge that the facts amount ./Web_Decision_-_Richardson__Timothy.pdf-to unacceptable professional conduct and conduct that may bring the profession into ./Web_Decision_-_Richardson__Timothy.pdf-disrepute. ./Web_Decision_-_Richardson__Timothy.pdf- ./Web_Decision_-_Richardson__Timothy.pdf:Mr Richardson formed an inappropriate sexual relationship with a pupil, and produced ./Web_Decision_-_Richardson__Timothy.pdf-fraudulent documentation to support unexplained absences from school. I agree with the ./Web_Decision_-_Richardson__Timothy.pdf:panel’s opinion that the behaviours of Mr Richardson can be associated with sexual ./Web_Decision_-_Richardson__Timothy.pdf-activity and fraud or serious dishonestly, and demonstrates conduct falling significantly ./Web_Decision_-_Richardson__Timothy.pdf-short of the standards expected of the profession. ./Web_Decision_-_Richardson__Timothy.pdf- ./Web_Decision_-_Richardson__Timothy.pdf-I have noted the strong public interest considerations in this case. The panel has taken ./Web_Decision_-_Richardson__Timothy.pdf-into account how the teaching profession is viewed by others, and the uniquely influential ./Web_Decision_-_Richardson__Timothy.pdf-role that teachers hold in pupils’ lives. Mr Richardson was in a position of trust and the ./Web_Decision_-_Richardson__Timothy.pdf-public should expect to have full confidence in his honesty and integrity. I agree with the ./Web_Decision_-_Richardson__Timothy.pdf- ./Web_Decision_-_Richardson__Timothy.pdf- ./Web_Decision_-_Richardson__Timothy.pdf- 18 -- ./Web_Decision_-_Richardson__Timothy.pdf-professional boundaries in their relationships with pupils. Mr Richardson failed to do this. ./Web_Decision_-_Richardson__Timothy.pdf- ./Web_Decision_-_Richardson__Timothy.pdf-There was no evidence to suggest that Mr Richardson’s actions were not deliberate, nor ./Web_Decision_-_Richardson__Timothy.pdf-that he was acting under duress. I note the panel balanced the public interest ./Web_Decision_-_Richardson__Timothy.pdf-considerations against the interests of Mr Richardson in this case. Mr Richardson failed ./Web_Decision_-_Richardson__Timothy.pdf-to observe appropriate pupiI/teacher boundaries and breached trust. For these reasons, I ./Web_Decision_-_Richardson__Timothy.pdf-agree that prohibition is both proportionate and appropriate, and that the public interest ./Web_Decision_-_Richardson__Timothy.pdf-considerations outweigh the interests of Mr Richardson. ./Web_Decision_-_Richardson__Timothy.pdf- ./Web_Decision_-_Richardson__Timothy.pdf-I now turn to the matter of a review period. Mr Richardson influenced a student into an ./Web_Decision_-_Richardson__Timothy.pdf:inappropriate sexual relationship with him. I agree with the panel that relationships of this ./Web_Decision_-_Richardson__Timothy.pdf-nature have the potential to be seriously harmful. Mr Richardson also demonstrated ./Web_Decision_-_Richardson__Timothy.pdf-misleading behaviour in relation to the fraudulent documentation. I note that the panel ./Web_Decision_-_Richardson__Timothy.pdf-were concerned that Mr Richardson has shown no insight into the unacceptability of his ./Web_Decision_-_Richardson__Timothy.pdf-conduct, nor were the panel satisfied that Mr Richardson has demonstrated he would not ./Web_Decision_-_Richardson__Timothy.pdf-repeat similar behaviours in the future. ./Web_Decision_-_Richardson__Timothy.pdf- ./Web_Decision_-_Richardson__Timothy.pdf-I therefore agree with the panel, that the prohibition order be recommended without ./Web_Decision_-_Richardson__Timothy.pdf-provision for a review period. ./Web_Decision_-_Richardson__Timothy.pdf- ./Web_Decision_-_Richardson__Timothy.pdf-This means that Mr Timothy Richardson is prohibited from teaching indefinitely ./web_decision_-_rowley_mark_-_0152678_001.pdf- ./web_decision_-_rowley_mark_-_0152678_001.pdf- ./web_decision_-_rowley_mark_-_0152678_001.pdf-B. Allegations ./web_decision_-_rowley_mark_-_0152678_001.pdf-The Panel considered the allegation set out in the Notice of Proceedings dated 6 ./web_decision_-_rowley_mark_-_0152678_001.pdf-September 2013. ./web_decision_-_rowley_mark_-_0152678_001.pdf- ./web_decision_-_rowley_mark_-_0152678_001.pdf-It was alleged that Mr Mark Rowley was guilty of unacceptable professional conduct/ ./web_decision_-_rowley_mark_-_0152678_001.pdf-conduct that may bring the profession into disrepute, in that: ./web_decision_-_rowley_mark_-_0152678_001.pdf- ./web_decision_-_rowley_mark_-_0152678_001.pdf-Whilst working at Wolverhampton Academy, he formed an inappropriate ./web_decision_-_rowley_mark_-_0152678_001.pdf:relationship with a student, Pupil A, and subsequently engaged in sexual activity ./web_decision_-_rowley_mark_-_0152678_001.pdf-with her. ./web_decision_-_rowley_mark_-_0152678_001.pdf- ./web_decision_-_rowley_mark_-_0152678_001.pdf-Mr Rowley admitted the facts of the allegation and that they amount to unacceptable ./web_decision_-_rowley_mark_-_0152678_001.pdf-professional conduct/conduct that may bring the profession into disrepute. ./web_decision_-_rowley_mark_-_0152678_001.pdf- ./web_decision_-_rowley_mark_-_0152678_001.pdf- ./web_decision_-_rowley_mark_-_0152678_001.pdf- ./web_decision_-_rowley_mark_-_0152678_001.pdf- ./web_decision_-_rowley_mark_-_0152678_001.pdf- 3 ./web_decision_-_rowley_mark_-_0152678_001.pdf- -- ./web_decision_-_rowley_mark_-_0152678_001.pdf-‘We have now carefully considered the case before us and have reached a decision. ./web_decision_-_rowley_mark_-_0152678_001.pdf- ./web_decision_-_rowley_mark_-_0152678_001.pdf-We confirm that we have read all the documents provided in the bundle in advance of the ./web_decision_-_rowley_mark_-_0152678_001.pdf-hearing. ./web_decision_-_rowley_mark_-_0152678_001.pdf- ./web_decision_-_rowley_mark_-_0152678_001.pdf-Findings of Fact ./web_decision_-_rowley_mark_-_0152678_001.pdf-The circumstances of this case are summarised in the Statement of Agreed Facts. Our ./web_decision_-_rowley_mark_-_0152678_001.pdf-findings of fact are as follows: ./web_decision_-_rowley_mark_-_0152678_001.pdf- ./web_decision_-_rowley_mark_-_0152678_001.pdf-Whilst working at Wolverhampton Academy, Mr Rowley formed an inappropriate ./web_decision_-_rowley_mark_-_0152678_001.pdf:relationship with a student, Pupil A, and subsequently engaged in sexual activity ./web_decision_-_rowley_mark_-_0152678_001.pdf-with her. ./web_decision_-_rowley_mark_-_0152678_001.pdf- ./web_decision_-_rowley_mark_-_0152678_001.pdf-We have found the particulars of this allegation against Mr Rowley proven based on his ./web_decision_-_rowley_mark_-_0152678_001.pdf-admission and the content of the Statement of Agreed Facts. ./web_decision_-_rowley_mark_-_0152678_001.pdf- ./web_decision_-_rowley_mark_-_0152678_001.pdf- ./web_decision_-_rowley_mark_-_0152678_001.pdf- ./web_decision_-_rowley_mark_-_0152678_001.pdf- 4 ./web_decision_-_rowley_mark_-_0152678_001.pdf- -- ./web_decision_-_rowley_mark_-_0152678_001.pdf-Mr Rowley admits that the facts of the allegation amount to unacceptable professional ./web_decision_-_rowley_mark_-_0152678_001.pdf-conduct/conduct that may bring the profession into disrepute. The Panel took this ./web_decision_-_rowley_mark_-_0152678_001.pdf-admission into account, but formed its own view. The Panel noted that Mr Rowley does ./web_decision_-_rowley_mark_-_0152678_001.pdf-not accept the veracity of some of the wider concerns expressed by the safeguarding ./web_decision_-_rowley_mark_-_0152678_001.pdf-board and the Panel has disregarded them in making a determination. ./web_decision_-_rowley_mark_-_0152678_001.pdf- ./web_decision_-_rowley_mark_-_0152678_001.pdf-The Panel noted that Mr Rowley’s relationship with Pupil A developed over a period of ./web_decision_-_rowley_mark_-_0152678_001.pdf-time in which he was her teacher in school and outside school. Pupil A’s parents ./web_decision_-_rowley_mark_-_0152678_001.pdf-acquiesced in the relationship. ./web_decision_-_rowley_mark_-_0152678_001.pdf- ./web_decision_-_rowley_mark_-_0152678_001.pdf:The Panel noted that the sexual relationship began after Mr Rowley had ceased to ./web_decision_-_rowley_mark_-_0152678_001.pdf-provide her with guitar lessons. However, Pupil A was still a pupil of the school and Mr ./web_decision_-_rowley_mark_-_0152678_001.pdf-Rowley was still employed by the school as a peripatetic music teacher until July 2012. ./web_decision_-_rowley_mark_-_0152678_001.pdf- ./web_decision_-_rowley_mark_-_0152678_001.pdf-In making a determination, the Panel had regard to the personal and professional ./web_decision_-_rowley_mark_-_0152678_001.pdf-conduct elements of the latest Teachers’ Standards. The Panel is satisfied that Mr ./web_decision_-_rowley_mark_-_0152678_001.pdf-Rowley breached the following provisions relating to personal and professional conduct: ./web_decision_-_rowley_mark_-_0152678_001.pdf- ./web_decision_-_rowley_mark_-_0152678_001.pdf-Mr Rowley failed to uphold public trust in the profession and maintain high standards of ./web_decision_-_rowley_mark_-_0152678_001.pdf-ethics and behaviour, within and outside school by: ./web_decision_-_rowley_mark_-_0152678_001.pdf- -- ./web_decision_-_rowley_mark_-_0152678_001.pdf-seriousness of his conduct. ./web_decision_-_rowley_mark_-_0152678_001.pdf- ./web_decision_-_rowley_mark_-_0152678_001.pdf-We have decided to recommend that a Prohibition Order be imposed. In the Panel’s view ./web_decision_-_rowley_mark_-_0152678_001.pdf-a Prohibition Order is necessary in order to protect children, maintain public confidence in ./web_decision_-_rowley_mark_-_0152678_001.pdf-the teaching profession and to declare and uphold proper standards of professional ./web_decision_-_rowley_mark_-_0152678_001.pdf-conduct. ./web_decision_-_rowley_mark_-_0152678_001.pdf- ./web_decision_-_rowley_mark_-_0152678_001.pdf-The Panel carefully considered whether to recommend that a Prohibition Order be ./web_decision_-_rowley_mark_-_0152678_001.pdf-imposed with a provision for the teacher to apply for it to be reviewed after a specified ./web_decision_-_rowley_mark_-_0152678_001.pdf-period of time or that there be no provision for review. In making a recommendation, the ./web_decision_-_rowley_mark_-_0152678_001.pdf:Panel considered the seriousness of the sexual misconduct in this case. The Panel noted ./web_decision_-_rowley_mark_-_0152678_001.pdf-that there were serious aspects, including the fact that the relationship had taken place ./web_decision_-_rowley_mark_-_0152678_001.pdf-soon after the pupil’s sixteenth birthday and the pupil was still of statutory school age. ./web_decision_-_rowley_mark_-_0152678_001.pdf-The relationship had developed over a period of time and Mr Rowley had plenty of ./web_decision_-_rowley_mark_-_0152678_001.pdf-opportunity to withdraw from it. In addition, Mr Rowley has not demonstrated an ./web_decision_-_rowley_mark_-_0152678_001.pdf-understanding of its seriousness. On the other hand, there is evidence that Mr Rowley ./web_decision_-_rowley_mark_-_0152678_001.pdf-has a good record as a teacher and no previous findings against him. Evidence was ./web_decision_-_rowley_mark_-_0152678_001.pdf-provided of his selfless commitment to his students. There was no suggestion that this ./web_decision_-_rowley_mark_-_0152678_001.pdf-behaviour was part of repeated pattern of behaviour. The relationship, which Mr Rowley ./web_decision_-_rowley_mark_-_0152678_001.pdf-says is still continuing, was consensual and, if not encouraged, acquiesced in by the ./web_decision_-_rowley_mark_-_0152678_001.pdf-parents. -- ./web_decision_-_rowley_mark_-_0152678_001.pdf-consider this to be a proportionate recommendation. ./web_decision_-_rowley_mark_-_0152678_001.pdf- ./web_decision_-_rowley_mark_-_0152678_001.pdf- ./web_decision_-_rowley_mark_-_0152678_001.pdf-Decision and reasons on behalf of the Secretary of ./web_decision_-_rowley_mark_-_0152678_001.pdf-State ./web_decision_-_rowley_mark_-_0152678_001.pdf-I have given very careful consideration to this case and to the recommendation of ./web_decision_-_rowley_mark_-_0152678_001.pdf-the panel both in respect of sanction and review period. ./web_decision_-_rowley_mark_-_0152678_001.pdf- ./web_decision_-_rowley_mark_-_0152678_001.pdf-This case is admitted by the teacher and the police issued a Community ./web_decision_-_rowley_mark_-_0152678_001.pdf-Resolution Order. This case represented a serious departure from the standards ./web_decision_-_rowley_mark_-_0152678_001.pdf:expected of a teacher. The pupil was only just 16 at the time the sexual relationship ./web_decision_-_rowley_mark_-_0152678_001.pdf-began and the pupil was still registered at school. Teachers should uphold public ./web_decision_-_rowley_mark_-_0152678_001.pdf-trust in the profession and maintain high standards of ethics and behaviour, within ./web_decision_-_rowley_mark_-_0152678_001.pdf-and outside school. Mr Rowley failed to observe proper boundaries appropriate to ./web_decision_-_rowley_mark_-_0152678_001.pdf-a teacher’s professional position and he also failed to have regard to the need to ./web_decision_-_rowley_mark_-_0152678_001.pdf-safeguard pupils’ well-being, in accordance with statutory provisions. ./web_decision_-_rowley_mark_-_0152678_001.pdf- ./web_decision_-_rowley_mark_-_0152678_001.pdf- ./web_decision_-_rowley_mark_-_0152678_001.pdf- 6 ./web_decision_-_rowley_mark_-_0152678_001.pdf- ./Web_decision_-_Sugden_Peter.pdf- i. Exchanged email messages with her from his personal email account; ./Web_decision_-_Sugden_Peter.pdf- ./Web_decision_-_Sugden_Peter.pdf- ii. Arranged to meet and/or met her outside of School; ./Web_decision_-_Sugden_Peter.pdf- ./Web_decision_-_Sugden_Peter.pdf- iii. Went to her house on one or more occasions; ./Web_decision_-_Sugden_Peter.pdf- ./Web_decision_-_Sugden_Peter.pdf- iv. Had a meal at her house; ./Web_decision_-_Sugden_Peter.pdf- ./Web_decision_-_Sugden_Peter.pdf- v. Kissed her; ./Web_decision_-_Sugden_Peter.pdf- ./Web_decision_-_Sugden_Peter.pdf: vi. Engaged in sexual activity with her and/or had sexual intercourse with her. ./Web_decision_-_Sugden_Peter.pdf- ./Web_decision_-_Sugden_Peter.pdf- 2. In relation to Former Pupil B: ./Web_decision_-_Sugden_Peter.pdf- ./Web_decision_-_Sugden_Peter.pdf- a. When she was rubbing the white board he said “you’re fingering that too hard” ./Web_decision_-_Sugden_Peter.pdf- or words to that affect; ./Web_decision_-_Sugden_Peter.pdf- ./Web_decision_-_Sugden_Peter.pdf- b. Hugged her; ./Web_decision_-_Sugden_Peter.pdf- ./Web_decision_-_Sugden_Peter.pdf- c. Kissed her on the cheek and/or lips; ./Web_decision_-_Sugden_Peter.pdf- ./Web_decision_-_Sugden_Peter.pdf- d. Sent her and email ending with “x”; ./Web_decision_-_Sugden_Peter.pdf- ./Web_decision_-_Sugden_Peter.pdf: 3. His actions set out at 1 and/or 2 above were sexually motivated; ./Web_decision_-_Sugden_Peter.pdf- ./Web_decision_-_Sugden_Peter.pdf- 4. On his application form for the post at the School he: ./Web_decision_-_Sugden_Peter.pdf- ./Web_decision_-_Sugden_Peter.pdf- a. Stated he had left Barlow Roman Catholic School on 31 August 2010 when he ./Web_decision_-_Sugden_Peter.pdf- actually left on 30 April 2010; ./Web_decision_-_Sugden_Peter.pdf- ./Web_decision_-_Sugden_Peter.pdf- b. Stated his reason for leaving was because of “family illness” when the correct ./Web_decision_-_Sugden_Peter.pdf- reason for him leaving was due to him having been investigated about an ./Web_decision_-_Sugden_Peter.pdf- inappropriate relationship with a pupil and he left his employment under a ./Web_decision_-_Sugden_Peter.pdf- Compromise Agreement; -- ./Web_decision_-_Sugden_Peter.pdf-that this happened and the allegation is proven on the balance of probabilities. ./Web_decision_-_Sugden_Peter.pdf- ./Web_decision_-_Sugden_Peter.pdf- v. Kissed her ./Web_decision_-_Sugden_Peter.pdf- ./Web_decision_-_Sugden_Peter.pdf-The panel noted that Mr Sugden’s response to the Notice of Proceedings dated 1 ./Web_decision_-_Sugden_Peter.pdf-December 2016 contains an admission of kissing Former Pupil A. This was also admitted ./Web_decision_-_Sugden_Peter.pdf-during a disciplinary procedure and in an interview with the police Mr Sugden admitted ./Web_decision_-_Sugden_Peter.pdf-that he did kiss Former Pupil A passionately. The panel is therefore satisfied that this ./Web_decision_-_Sugden_Peter.pdf-happened and the allegation is proven on the balance of probabilities. ./Web_decision_-_Sugden_Peter.pdf- ./Web_decision_-_Sugden_Peter.pdf: vi. Engaged in sexual activity with her and/or had sexual intercourse ./Web_decision_-_Sugden_Peter.pdf- with her ./Web_decision_-_Sugden_Peter.pdf- ./Web_decision_-_Sugden_Peter.pdf-This allegation was withdrawn by the presenting officer as no evidence was put before ./Web_decision_-_Sugden_Peter.pdf-the panel in this regard. The teacher’s representative’s position is that this allegation ./Web_decision_-_Sugden_Peter.pdf-should be found not proven as there was no evidence to prove the allegation. The panel ./Web_decision_-_Sugden_Peter.pdf-considered the positions of both parties and agreed that the allegation was not proven. ./Web_decision_-_Sugden_Peter.pdf- 2. In relation to Former Pupil B: ./Web_decision_-_Sugden_Peter.pdf- ./Web_decision_-_Sugden_Peter.pdf- a. When she was rubbing the white board you said “you’re fingering that ./Web_decision_-_Sugden_Peter.pdf- too hard” or words to that affect -- ./Web_decision_-_Sugden_Peter.pdf- c. Kissed her on the cheek and/or lips ./Web_decision_-_Sugden_Peter.pdf- ./Web_decision_-_Sugden_Peter.pdf-This allegation was withdrawn by the presenting officer as no evidence was put before ./Web_decision_-_Sugden_Peter.pdf-the panel in this regard. The teacher’s representative’s position is that this allegation ./Web_decision_-_Sugden_Peter.pdf-should be found not proven as there was no evidence to prove the allegation. The panel ./Web_decision_-_Sugden_Peter.pdf-considered the positions of both parties and agreed that the allegation was not proven. ./Web_decision_-_Sugden_Peter.pdf- d. Sent her an email ending with “x”; ./Web_decision_-_Sugden_Peter.pdf- ./Web_decision_-_Sugden_Peter.pdf-The teacher admits sending an email to Former Pupil B ending with “x”. The panel has ./Web_decision_-_Sugden_Peter.pdf-seen a copy of the alleged email and is satisfied that this allegation is proven. ./Web_decision_-_Sugden_Peter.pdf: 3. Your actions set out at 1 and/or 2 above were sexually motivated; ./Web_decision_-_Sugden_Peter.pdf- ./Web_decision_-_Sugden_Peter.pdf- 10 ./Web_decision_-_Sugden_Peter.pdf- -- ./Web_decision_-_Sugden_Peter.pdf-The panel carefully considered the allegation that the actions in allegations 1 and/or 2 ./Web_decision_-_Sugden_Peter.pdf:were sexually motivated. In respect of Former Pupil A the panel heard representations ./Web_decision_-_Sugden_Peter.pdf-that Former Pupil A first contacted Mr Sugden during the summer holiday after she ./Web_decision_-_Sugden_Peter.pdf-finished her GCSEs. Likewise it was agreed that the contact with Former Pupil B ./Web_decision_-_Sugden_Peter.pdf-occurred during the summer holidays after Former Pupil B finished her GCSEs. It was ./Web_decision_-_Sugden_Peter.pdf-agreed that pupils become former pupils when they are removed from the school roll on ./Web_decision_-_Sugden_Peter.pdf-the last Friday of June in any given year. ./Web_decision_-_Sugden_Peter.pdf-It was submitted by Mr Sugden’s representative that Mr Sugden did not approach Former ./Web_decision_-_Sugden_Peter.pdf-Pupil A and there is no evidence before the panel to suggest (neither was it alleged by ./Web_decision_-_Sugden_Peter.pdf-the presenting officer) that Mr Sugden groomed Former Pupil A before she left the ./Web_decision_-_Sugden_Peter.pdf-school. Likewise there was no evidence before the panel to suggest any similar activity ./Web_decision_-_Sugden_Peter.pdf-with Former Pupil B. The presenting officer submitted that due to the proximity of the -- ./Web_decision_-_Sugden_Peter.pdf-and when the relationship developed is immaterial and stated that a finding is to be made ./Web_decision_-_Sugden_Peter.pdf-on conduct as opposed to morals. ./Web_decision_-_Sugden_Peter.pdf-The panel considered the documents provided by Greater Manchester Police and ./Web_decision_-_Sugden_Peter.pdf-specifically the comments that he discussed his marital difficulties and home life with ./Web_decision_-_Sugden_Peter.pdf-Former Pupil A. Mr Sugden developed a relationship with Former Pupil A shortly after ./Web_decision_-_Sugden_Peter.pdf-she completed her GCSEs which only began, and rapidly developed, as a result of the ./Web_decision_-_Sugden_Peter.pdf-teacher-pupil relationship established when Former Pupil A was still on the school roll. ./Web_decision_-_Sugden_Peter.pdf-The panel noted that Former Pupil A was 15 years of age when she and her year group ./Web_decision_-_Sugden_Peter.pdf-were removed from the school roll at the end of June 2013. ./Web_decision_-_Sugden_Peter.pdf-Having carefully considered the evidence before them, the panel concluded that on the ./Web_decision_-_Sugden_Peter.pdf:balance of probabilities, Mr Sugden’s actions in respect of Former Pupil A were sexually ./Web_decision_-_Sugden_Peter.pdf-motivated. It has been found proven that Mr Sugden corresponded with Former Pupil A ./Web_decision_-_Sugden_Peter.pdf-via his personal email account, that he arranged to meet with Former Pupil A on more ./Web_decision_-_Sugden_Peter.pdf-than one occasion and, by his own admission, passionately kissed Former Pupil A. ./Web_decision_-_Sugden_Peter.pdf- ./Web_decision_-_Sugden_Peter.pdf- ./Web_decision_-_Sugden_Peter.pdf- ./Web_decision_-_Sugden_Peter.pdf- 11 ./Web_decision_-_Sugden_Peter.pdf- -- ./Web_decision_-_Sugden_Peter.pdf-In respect of Former Pupil B, the panel concluded that the evidence before them did not ./Web_decision_-_Sugden_Peter.pdf:prove, on the balance of probabilities, that Mr Sugden was sexually motivated in his ./Web_decision_-_Sugden_Peter.pdf-contact with her. The panel concluded that whilst the conduct may have been ./Web_decision_-_Sugden_Peter.pdf:inappropriate, it was not sexually motivated. ./Web_decision_-_Sugden_Peter.pdf- ./Web_decision_-_Sugden_Peter.pdf- ./Web_decision_-_Sugden_Peter.pdf- 4. On your application form for the post at the School you: ./Web_decision_-_Sugden_Peter.pdf- ./Web_decision_-_Sugden_Peter.pdf- a. Stated you had left Barlow Roman Catholic School on 31 August 2010 ./Web_decision_-_Sugden_Peter.pdf- when you actually left on 30 April 2010; ./Web_decision_-_Sugden_Peter.pdf- ./Web_decision_-_Sugden_Peter.pdf-The panel noted that in the response to the Notice of Proceedings dated 1 December ./Web_decision_-_Sugden_Peter.pdf-2016 and in Mr Sugden’s witness statement dated 22 April 2017, that he stated on his ./Web_decision_-_Sugden_Peter.pdf-application form to the School that he left Barlow Roman Catholic School on 31 August -- ./Web_decision_-_Sugden_Peter.pdf-In carrying out the balancing exercise the panel has considered the public interest ./Web_decision_-_Sugden_Peter.pdf-considerations both in favour of and against prohibition as well as the interests of Mr ./Web_decision_-_Sugden_Peter.pdf-Sugden. The panel took further account of the Advice, which suggests that a prohibition ./Web_decision_-_Sugden_Peter.pdf-order may be appropriate if certain behaviours of a teacher have been proven. In the list ./Web_decision_-_Sugden_Peter.pdf-of such behaviours, those that are relevant in this case are: ./Web_decision_-_Sugden_Peter.pdf- ./Web_decision_-_Sugden_Peter.pdf-  serious departure from the personal and professional conduct elements of the ./Web_decision_-_Sugden_Peter.pdf- Teachers’ Standards; ./Web_decision_-_Sugden_Peter.pdf-  abuse of position or trust (particularly involving vulnerable pupils) or violation of the ./Web_decision_-_Sugden_Peter.pdf- rights of pupils; ./Web_decision_-_Sugden_Peter.pdf:  sexual misconduct, e.g. involving actions that were sexually motivated or of a ./Web_decision_-_Sugden_Peter.pdf: sexual nature and/or that use or exploit the trust, knowledge or influence derived ./Web_decision_-_Sugden_Peter.pdf- from the individual’s professional position. ./Web_decision_-_Sugden_Peter.pdf-Even though there were behaviours that would point to a prohibition order being ./Web_decision_-_Sugden_Peter.pdf-appropriate, the panel went on to consider whether or not there were sufficient mitigating ./Web_decision_-_Sugden_Peter.pdf-factors to mitigate against a prohibition order being an appropriate and proportionate ./Web_decision_-_Sugden_Peter.pdf-measure to impose, particularly taking into account the nature and severity of the ./Web_decision_-_Sugden_Peter.pdf-behaviour in this case. The panel considered there was no evidence that Mr Sugden’s ./Web_decision_-_Sugden_Peter.pdf-actions were not deliberate and that Mr Sugden, by his own admission, knew that his ./Web_decision_-_Sugden_Peter.pdf-actions were not appropriate. Mr Sugden has a previously good record. ./Web_decision_-_Sugden_Peter.pdf- ./Web_decision_-_Sugden_Peter.pdf-The panel was provided with character references for Mr Sugden which confirm that Mr -- ./Web_decision_-_Sugden_Peter.pdf-Secretary of State that a prohibition order should be imposed with immediate effect. ./Web_decision_-_Sugden_Peter.pdf- ./Web_decision_-_Sugden_Peter.pdf-The panel went on to consider whether or not it would be appropriate to decide to ./Web_decision_-_Sugden_Peter.pdf-recommend that a review period of the order should be considered. The panel was ./Web_decision_-_Sugden_Peter.pdf-mindful that the Advice advises that a prohibition order applies for life, but there may be ./Web_decision_-_Sugden_Peter.pdf-circumstances in any given case that may make it appropriate to allow a teacher to apply ./Web_decision_-_Sugden_Peter.pdf-to have the prohibition order reviewed after a specified period of time that may not be ./Web_decision_-_Sugden_Peter.pdf-less than 2 years. ./Web_decision_-_Sugden_Peter.pdf- ./Web_decision_-_Sugden_Peter.pdf-The Advice indicates that there are behaviours that, if proven, would mitigate against a ./Web_decision_-_Sugden_Peter.pdf:review period being recommended. One of these behaviours includes serious sexual ./Web_decision_-_Sugden_Peter.pdf:misconduct, e.g. where the act was sexually motivated and resulted in or had the ./Web_decision_-_Sugden_Peter.pdf-potential to result in, harm to a person or persons, particularly where the individual has ./Web_decision_-_Sugden_Peter.pdf-used their professional position to influence or exploit a person. The panel has found that ./Web_decision_-_Sugden_Peter.pdf-Mr Sugden has been responsible for: ./Web_decision_-_Sugden_Peter.pdf- ./Web_decision_-_Sugden_Peter.pdf-  exchanged email messages with Former Pupil A from his personal email account; ./Web_decision_-_Sugden_Peter.pdf- ./Web_decision_-_Sugden_Peter.pdf-  arranged to meet and/or met with Former Pupil A outside of School; ./Web_decision_-_Sugden_Peter.pdf- ./Web_decision_-_Sugden_Peter.pdf-  went to Former Pupil A’s house on one or more occasions; ./Web_decision_-_Sugden_Peter.pdf- -- ./Web_decision_-_Sugden_Peter.pdf-In considering this case I have given very careful attention to the advice that is published ./Web_decision_-_Sugden_Peter.pdf-by the Secretary of State concerning the prohibition of teachers. ./Web_decision_-_Sugden_Peter.pdf- ./Web_decision_-_Sugden_Peter.pdf-In this case the panel has found some of the allegations proven and found that those ./Web_decision_-_Sugden_Peter.pdf-proven facts amount to unacceptable professional conduct and conduct that may bring ./Web_decision_-_Sugden_Peter.pdf-the profession into disrepute. ./Web_decision_-_Sugden_Peter.pdf- ./Web_decision_-_Sugden_Peter.pdf-I have taken particular care to put from my mind those allegations that were either ./Web_decision_-_Sugden_Peter.pdf-withdrawn by the Presenting Officer – and therefore found not proven – or simply found ./Web_decision_-_Sugden_Peter.pdf-not proven by the panel. I have also noted that the panel did not find proven the ./Web_decision_-_Sugden_Peter.pdf:allegation that the behaviour in respect of Former Pupil B was sexually motivated. The ./Web_decision_-_Sugden_Peter.pdf:panel did find that the behaviour in respect of Former Pupil A was sexually motivated. I ./Web_decision_-_Sugden_Peter.pdf-have also noted that the panel did not make a finding of dishonesty in respect of ./Web_decision_-_Sugden_Peter.pdf-allegation 5. ./Web_decision_-_Sugden_Peter.pdf- ./Web_decision_-_Sugden_Peter.pdf-The panel has made a recommendation to the Secretary of State that Mr Sugden should ./Web_decision_-_Sugden_Peter.pdf-be the subject of a prohibition order, with a review period of five years. ./Web_decision_-_Sugden_Peter.pdf- ./Web_decision_-_Sugden_Peter.pdf-In particular, the panel has found that Mr Sugden is in breach of the following standards: ./Web_decision_-_Sugden_Peter.pdf- ./Web_decision_-_Sugden_Peter.pdf-  Teachers uphold public trust in the profession and maintain high standards of ./Web_decision_-_Sugden_Peter.pdf- ethics and behaviour, within and outside school, by -- ./Web_decision_-_Sugden_Peter.pdf- ./Web_decision_-_Sugden_Peter.pdf-stated that he left Barlow Roman Catholic School on 31 August 2010 when he actually ./Web_decision_-_Sugden_Peter.pdf-left on 30 April 2010.” ./Web_decision_-_Sugden_Peter.pdf- ./Web_decision_-_Sugden_Peter.pdf-The panel has also said that a 5 year review period would be proportionate. ./Web_decision_-_Sugden_Peter.pdf- ./Web_decision_-_Sugden_Peter.pdf-I have considered whether a 5 year review period reflects the seriousness of the findings ./Web_decision_-_Sugden_Peter.pdf-and is a proportionate period to achieve the aim of maintaining public confidence in the ./Web_decision_-_Sugden_Peter.pdf-profession. In this case, there are three factors that in my view mean that a two year ./Web_decision_-_Sugden_Peter.pdf-review period is not sufficient to achieve the aim of maintaining public confidence in the ./Web_decision_-_Sugden_Peter.pdf:profession. These elements are the behaviours found proven, the sexual misconduct ./Web_decision_-_Sugden_Peter.pdf-found and the lack of sufficient insight or remorse. ./Web_decision_-_Sugden_Peter.pdf- ./Web_decision_-_Sugden_Peter.pdf-I consider therefore that a five year review period is required to satisfy the maintenance ./Web_decision_-_Sugden_Peter.pdf-of public confidence in the profession. ./Web_decision_-_Sugden_Peter.pdf- ./Web_decision_-_Sugden_Peter.pdf-This means that Mr Peter Sugden is prohibited from teaching indefinitely and ./Web_decision_-_Sugden_Peter.pdf-cannot teach in any school, sixth form college, relevant youth accommodation or ./Web_decision_-_Sugden_Peter.pdf-children’s home in England. He may apply for the prohibition order to be set aside, but ./Web_decision_-_Sugden_Peter.pdf-not until 8 June 2022, 5 years from the date of this order at the earliest. This is not an ./Web_decision_-_Sugden_Peter.pdf-automatic right to have the prohibition order removed. If he does apply, a panel will meet ./Web_decision_-_Tinsley_Christopher.pdf-It was alleged that Mr Tinsley was guilty of unacceptable professional conduct and/or ./Web_decision_-_Tinsley_Christopher.pdf-conduct that may bring the profession into disrepute, in that: ./Web_decision_-_Tinsley_Christopher.pdf- ./Web_decision_-_Tinsley_Christopher.pdf-He failed to maintain appropriate professional boundaries and/or maintain appropriate ./Web_decision_-_Tinsley_Christopher.pdf-professional standards in that: ./Web_decision_-_Tinsley_Christopher.pdf- 1. In relation to Pupil A (a former pupil) who was around the age of 18 years old, he ./Web_decision_-_Tinsley_Christopher.pdf- made inappropriate contact with her via social media, specifically he: ./Web_decision_-_Tinsley_Christopher.pdf- ./Web_decision_-_Tinsley_Christopher.pdf- a. sent messages to her on Instagram which included the following: ./Web_decision_-_Tinsley_Christopher.pdf- ./Web_decision_-_Tinsley_Christopher.pdf: i. “For me there is nothing sexier then (sic) a Charlton shirt. You wanna ./Web_decision_-_Tinsley_Christopher.pdf- see me smile…Send me a picture of you in your Charlton shirt and ./Web_decision_-_Tinsley_Christopher.pdf: long socks!!!! Nothing sexier!!! X x x x” ./Web_decision_-_Tinsley_Christopher.pdf- ./Web_decision_-_Tinsley_Christopher.pdf- ii. “Have you ever fancied me? Even a little? X x x” ./Web_decision_-_Tinsley_Christopher.pdf- ./Web_decision_-_Tinsley_Christopher.pdf- iii. “Is it really that hard to admit you have a soft spot for me?!! I clearly ./Web_decision_-_Tinsley_Christopher.pdf- have one for you. X x” ./Web_decision_-_Tinsley_Christopher.pdf- ./Web_decision_-_Tinsley_Christopher.pdf- iv. “Not even a little one? X x” ./Web_decision_-_Tinsley_Christopher.pdf- ./Web_decision_-_Tinsley_Christopher.pdf- v. “Because you are a gorgeous young woman…I mean that…And I ./Web_decision_-_Tinsley_Christopher.pdf- always felt that you and if (sic) had some sort of connection…And I ./Web_decision_-_Tinsley_Christopher.pdf- guess it was just nice to feel wanted…Even though it shouldn’t. x x” ./Web_decision_-_Tinsley_Christopher.pdf- ./Web_decision_-_Tinsley_Christopher.pdf- b. Sent pictures of himself semi-naked wearing only a towel around his waist; ./Web_decision_-_Tinsley_Christopher.pdf- ./Web_decision_-_Tinsley_Christopher.pdf- 2. When Pupil A was a pupil in around Years 9 and 10 at the School, he called her ./Web_decision_-_Tinsley_Christopher.pdf- ‘beautiful’ on one or more occasions ./Web_decision_-_Tinsley_Christopher.pdf- ./Web_decision_-_Tinsley_Christopher.pdf- 3. When Pupil A was a pupil in around Year 9 at the School, he patted her bottom ./Web_decision_-_Tinsley_Christopher.pdf- with a clipboard ./Web_decision_-_Tinsley_Christopher.pdf- ./Web_decision_-_Tinsley_Christopher.pdf: 4. His conduct set out at 1 and/or 2 and/or 3 above was sexually motivated. ./Web_decision_-_Tinsley_Christopher.pdf- ./Web_decision_-_Tinsley_Christopher.pdf-Mr Tinsley admits the factual particulars of allegations 1(a) and 1(b). He does not admit ./Web_decision_-_Tinsley_Christopher.pdf-the other allegations set out above or that his conduct amounts to unacceptable ./Web_decision_-_Tinsley_Christopher.pdf-professional conduct and/or conduct that may bring the profession into disrepute. ./Web_decision_-_Tinsley_Christopher.pdf- ./Web_decision_-_Tinsley_Christopher.pdf- ./Web_decision_-_Tinsley_Christopher.pdf- ./Web_decision_-_Tinsley_Christopher.pdf- ./Web_decision_-_Tinsley_Christopher.pdf- 4 ./Web_decision_-_Tinsley_Christopher.pdf- -- ./Web_decision_-_Tinsley_Christopher.pdf-justice, amend an allegation or the particulars of an allegation, at any stage before ./Web_decision_-_Tinsley_Christopher.pdf-making its decision about whether the facts of the case have been proved. ./Web_decision_-_Tinsley_Christopher.pdf- ./Web_decision_-_Tinsley_Christopher.pdf-An application has been made by the presenting officer to amend the Notice of ./Web_decision_-_Tinsley_Christopher.pdf-Proceedings by withdrawing allegations 2 and 3. The presenting officer submitted that ./Web_decision_-_Tinsley_Christopher.pdf-when these particular allegations were drafted it was anticipated that further evidence ./Web_decision_-_Tinsley_Christopher.pdf-would be forthcoming from Pupil A and that has not been obtained. As a result, any ./Web_decision_-_Tinsley_Christopher.pdf-findings relating to these allegations could only be based on hearsay evidence and ./Web_decision_-_Tinsley_Christopher.pdf-therefore the National College applied to withdraw both of these allegations and make a ./Web_decision_-_Tinsley_Christopher.pdf-consequential amendment to allegation 4. If amended, allegation 4 should read: Your ./Web_decision_-_Tinsley_Christopher.pdf:conduct set out at 1 was sexually motivated. ./Web_decision_-_Tinsley_Christopher.pdf- ./Web_decision_-_Tinsley_Christopher.pdf-The panel noted that the teacher’s representative has consented to the application. ./Web_decision_-_Tinsley_Christopher.pdf- ./Web_decision_-_Tinsley_Christopher.pdf-The panel took into account the legal advisor’s advice that generally, an amendment will ./Web_decision_-_Tinsley_Christopher.pdf-cause unfairness or prejudice if it changes the nature of the allegation or makes it more ./Web_decision_-_Tinsley_Christopher.pdf-serious than before, or changes the factual basis upon which the allegation is founded. ./Web_decision_-_Tinsley_Christopher.pdf-The question that the panel should ask itself is whether Mr Tinsley’s case would have ./Web_decision_-_Tinsley_Christopher.pdf-been presented differently if the amendment had been made at an earlier stage. ./Web_decision_-_Tinsley_Christopher.pdf- ./Web_decision_-_Tinsley_Christopher.pdf-The panel took note that based on his submissions the presenting officer intends to ./Web_decision_-_Tinsley_Christopher.pdf-present no submissions or evidence to substantiate allegations 2 and 3. As the factual ./Web_decision_-_Tinsley_Christopher.pdf-circumstances relating to allegations 2 and 3, namely that Pupil A was a pupil of the ./Web_decision_-_Tinsley_Christopher.pdf-relevant school at the time (instead of a former pupil), the panel considered that the ./Web_decision_-_Tinsley_Christopher.pdf-amendment requested may change the scope of the allegations as a whole. However, ./Web_decision_-_Tinsley_Christopher.pdf-the panel considered that amending the allegations would not change the nature or the ./Web_decision_-_Tinsley_Christopher.pdf-seriousness of the allegations, as it is proposed that allegation 1 may, if proven, provide ./Web_decision_-_Tinsley_Christopher.pdf:evidence of sexual motivation referenced in allegation 4. Taking the submissions into ./Web_decision_-_Tinsley_Christopher.pdf-account, the panel considered that the proposed amendments were not prejudicial to Mr ./Web_decision_-_Tinsley_Christopher.pdf-Tinsley and would not cause him to present his defence in a substantially different way ./Web_decision_-_Tinsley_Christopher.pdf-and therefore on balance, the panel considered it was in the interests of justice and the ./Web_decision_-_Tinsley_Christopher.pdf-interest of Mr Tinsley for this application to be accepted. The panel therefore agreed that ./Web_decision_-_Tinsley_Christopher.pdf-allegations 2 and 3 may be withdrawn and allegation 4 should be amended to state: Your ./Web_decision_-_Tinsley_Christopher.pdf:conduct set out at 1 was sexually motivated. ./Web_decision_-_Tinsley_Christopher.pdf- ./Web_decision_-_Tinsley_Christopher.pdf- ./Web_decision_-_Tinsley_Christopher.pdf- ./Web_decision_-_Tinsley_Christopher.pdf- ./Web_decision_-_Tinsley_Christopher.pdf- 5 ./Web_decision_-_Tinsley_Christopher.pdf- -- ./Web_decision_-_Tinsley_Christopher.pdf- ./Web_decision_-_Tinsley_Christopher.pdf-You failed to maintain appropriate professional boundaries and/or maintain ./Web_decision_-_Tinsley_Christopher.pdf-appropriate professional standards in that: ./Web_decision_-_Tinsley_Christopher.pdf- ./Web_decision_-_Tinsley_Christopher.pdf- 1. In relation to Pupil A (a former pupil) who was around the age of 18 years ./Web_decision_-_Tinsley_Christopher.pdf- old, you made inappropriate contact with her via social media, specifically ./Web_decision_-_Tinsley_Christopher.pdf- you: ./Web_decision_-_Tinsley_Christopher.pdf- ./Web_decision_-_Tinsley_Christopher.pdf- a) Sent messages to her on Instagram which included the following: ./Web_decision_-_Tinsley_Christopher.pdf- ./Web_decision_-_Tinsley_Christopher.pdf: i. “For me there is nothing sexier then (sic) a Charlton shirt. You wanna ./Web_decision_-_Tinsley_Christopher.pdf- see me smile…Send me a picture of you in your Charlton shirt and ./Web_decision_-_Tinsley_Christopher.pdf: long socks!!!! Nothing sexier!!! X x x x” ./Web_decision_-_Tinsley_Christopher.pdf- ./Web_decision_-_Tinsley_Christopher.pdf- ii. “Have you ever fancied me? Even a little? X x x” ./Web_decision_-_Tinsley_Christopher.pdf- ./Web_decision_-_Tinsley_Christopher.pdf- iii. “Is it really that hard to admit you have a soft spot for me?!! I clearly ./Web_decision_-_Tinsley_Christopher.pdf- have one for you. X x” ./Web_decision_-_Tinsley_Christopher.pdf- ./Web_decision_-_Tinsley_Christopher.pdf- iv. “Not even a little one? X x” ./Web_decision_-_Tinsley_Christopher.pdf- ./Web_decision_-_Tinsley_Christopher.pdf- v. “Because you are a gorgeous young woman…I mean that…And I ./Web_decision_-_Tinsley_Christopher.pdf- always felt that you and if (sic) had some sort of connection…And I -- ./Web_decision_-_Tinsley_Christopher.pdf-may have been 15 October. ./Web_decision_-_Tinsley_Christopher.pdf-Witness A’s further oral evidence was that Pupil A was not on the school roll, and ./Web_decision_-_Tinsley_Christopher.pdf-therefore was a former pupil, at the time he met with Pupil A on 6 November 2015 to ./Web_decision_-_Tinsley_Christopher.pdf-discuss the messages she had received. ./Web_decision_-_Tinsley_Christopher.pdf-The panel considered that the evidence indicated that Pupil A was a former pupil of the ./Web_decision_-_Tinsley_Christopher.pdf-School at the time the messages referred to in allegation 1(a)(i) to 1(a)(v) were sent. ./Web_decision_-_Tinsley_Christopher.pdf-Whilst there was some uncertainty over the date of the Instagram messages, the panel ./Web_decision_-_Tinsley_Christopher.pdf-found that Pupil A was around the age of 18 years old at the time. The panel considered ./Web_decision_-_Tinsley_Christopher.pdf-the content of such messages was evidence of inappropriate contact with Pupil A via ./Web_decision_-_Tinsley_Christopher.pdf-social media. The stem of allegation 1 is therefore found proven. ./Web_decision_-_Tinsley_Christopher.pdf: 4. Your conduct set out at 1 was sexually motivated. ./Web_decision_-_Tinsley_Christopher.pdf- ./Web_decision_-_Tinsley_Christopher.pdf-The legal advisor advised the panel to ask itself firstly whether, on the balance of ./Web_decision_-_Tinsley_Christopher.pdf-probabilities, a reasonable person would think the words/actions found proven could be ./Web_decision_-_Tinsley_Christopher.pdf- ./Web_decision_-_Tinsley_Christopher.pdf- ./Web_decision_-_Tinsley_Christopher.pdf- 10 ./Web_decision_-_Tinsley_Christopher.pdf- -- ./Web_decision_-_Tinsley_Christopher.pdf:sexual (the objective test). If so, the panel should go on to ask itself secondly whether, in ./Web_decision_-_Tinsley_Christopher.pdf-all the circumstances of the conduct in the case, on the balance of probabilities, Mr ./Web_decision_-_Tinsley_Christopher.pdf:Tinsley’s purpose of such words/actions was sexual (the subjective test). ./Web_decision_-_Tinsley_Christopher.pdf-The presenting officer submitted that the content of the messages sent by Mr Tinsley ./Web_decision_-_Tinsley_Christopher.pdf:were overtly sexually motivated. In particular, the message referred to in allegation ./Web_decision_-_Tinsley_Christopher.pdf-1(a)(i). The presenting officer submitted that Mr Tinsley considered that a picture of a girl ./Web_decision_-_Tinsley_Christopher.pdf:in a Charlton shirt and long socks was sexy and he was directly inviting Pupil A to send ./Web_decision_-_Tinsley_Christopher.pdf-him a picture of her dressed in this manner. The presenting officer submitted that if there ./Web_decision_-_Tinsley_Christopher.pdf-was any doubt about the intention behind Mr Tinsley’s messages, this was dissipated by ./Web_decision_-_Tinsley_Christopher.pdf-Mr Tinsley asking Pupil A in a further message, set out at allegation 1(a)(ii), “Have you ./Web_decision_-_Tinsley_Christopher.pdf-ever fancied me?...” The presenting officer outlined the pattern of conversations included ./Web_decision_-_Tinsley_Christopher.pdf-in the Instagram messages which he submitted was instigated by Mr Tinsley and evolved ./Web_decision_-_Tinsley_Christopher.pdf:to be sexual in nature. ./Web_decision_-_Tinsley_Christopher.pdf-In addition, the presenting officer submitted that further messages in which Mr Tinsley ./Web_decision_-_Tinsley_Christopher.pdf-asked Pupil A if she had a, “soft spot for” him as he, “clearly” had one for her and ./Web_decision_-_Tinsley_Christopher.pdf-“Because [she was] a gorgeous young woman…and [he] always felt that [he]…had some ./Web_decision_-_Tinsley_Christopher.pdf:sort of connection…” were sexual in nature and therefore sexually motivated. ./Web_decision_-_Tinsley_Christopher.pdf-In his oral evidence, Mr Tinsley said that looking back at the messages included in the ./Web_decision_-_Tinsley_Christopher.pdf-bundle, he finds it difficult to understand why he sent these. Mr Tinsley’s oral evidence ./Web_decision_-_Tinsley_Christopher.pdf-was that when he first met Pupil A she was on the School’s roll but she was not a pupil ./Web_decision_-_Tinsley_Christopher.pdf-that was in school regularly. Therefore, he did not realise that she had left the School as ./Web_decision_-_Tinsley_Christopher.pdf-recently as she had done at the time of these messages. ./Web_decision_-_Tinsley_Christopher.pdf- ./Web_decision_-_Tinsley_Christopher.pdf-Further, in his oral evidence, Mr Tinsley stated that initially he and Pupil A began to ./Web_decision_-_Tinsley_Christopher.pdf-discuss Charlton Football Club and their conversation moved on to tattoos. Pupil A was ./Web_decision_-_Tinsley_Christopher.pdf-interested in getting one and Mr Tinsley has a number himself. At some point in the ./Web_decision_-_Tinsley_Christopher.pdf-conversation, he had, “gone off in a direction”, which paints a negative picture. Mr ./Web_decision_-_Tinsley_Christopher.pdf-Tinsley’s oral evidence was that Pupil A did not directly ask him to send her a picture of ./Web_decision_-_Tinsley_Christopher.pdf-his tattoos but she did express an interest in them. The presenting officer submitted that ./Web_decision_-_Tinsley_Christopher.pdf:the pictures Mr Tinsley sent to Pupil A were in a similar vein to, “sexy” photographs that ./Web_decision_-_Tinsley_Christopher.pdf-would appear in Men’s Health publications. ./Web_decision_-_Tinsley_Christopher.pdf- ./Web_decision_-_Tinsley_Christopher.pdf-In sending messages to Pupil A, Mr Tinsley’s oral evidence was that he believed that he ./Web_decision_-_Tinsley_Christopher.pdf-was trying to seek an affirmation that he was a good person. He was not intending to ./Web_decision_-_Tinsley_Christopher.pdf-create an impression that he wished to develop a relationship with Pupil A. He considers ./Web_decision_-_Tinsley_Christopher.pdf-that without the other messages between him and Pupil A to set out the full context of ./Web_decision_-_Tinsley_Christopher.pdf-their conversation, it is difficult to explain the tone in which such messages were sent. Mr ./Web_decision_-_Tinsley_Christopher.pdf-Tinsley’s evidence was that he only meant to have a flirtatious conversation that was not ./Web_decision_-_Tinsley_Christopher.pdf:sexually motivated. When questioned by the panel, Mr Tinsley was asked why he did not ./Web_decision_-_Tinsley_Christopher.pdf-seek any affirmation from Pupil A relating to his teaching capability as a P.E. teacher. Mr ./Web_decision_-_Tinsley_Christopher.pdf-Tinsley’s oral evidence in response was that he was not unconfident in his teaching ./Web_decision_-_Tinsley_Christopher.pdf-abilities, he was seeking an affirmation in terms of his personal self-worth. ./Web_decision_-_Tinsley_Christopher.pdf- ./Web_decision_-_Tinsley_Christopher.pdf- ./Web_decision_-_Tinsley_Christopher.pdf- ./Web_decision_-_Tinsley_Christopher.pdf- 11 ./Web_decision_-_Tinsley_Christopher.pdf- -- ./Web_decision_-_Tinsley_Christopher.pdf-When questioned by his representative, Mr Tinsley stated that he considers that his ./Web_decision_-_Tinsley_Christopher.pdf-messages to Pupil A included in the bundle were a clear over-stepping of boundaries and ./Web_decision_-_Tinsley_Christopher.pdf-this was a dangerous conversation to have had and one that was, “instantly regrettable”. ./Web_decision_-_Tinsley_Christopher.pdf-He believes that he was looking to have his, “ego” stroked or boosted and there was ./Web_decision_-_Tinsley_Christopher.pdf-never an intention for the relationship to go any further. He maintained that he did not ./Web_decision_-_Tinsley_Christopher.pdf:obtain any sexual gratification from sending these messages as he had no sexual ./Web_decision_-_Tinsley_Christopher.pdf-intention in mind. He had no intention to take anything further, he simply wanted an ./Web_decision_-_Tinsley_Christopher.pdf-affirmation that he was not a completely unlikeable person. ./Web_decision_-_Tinsley_Christopher.pdf- ./Web_decision_-_Tinsley_Christopher.pdf-Further in his oral evidence, Mr Tinsley stated that he understands that an objective ./Web_decision_-_Tinsley_Christopher.pdf:person would consider the messages included in the bundle to be sexually motivated. He ./Web_decision_-_Tinsley_Christopher.pdf:believes that saying that there “is nothing sexier then (sic) a Charlton shirt” was a poor ./Web_decision_-_Tinsley_Christopher.pdf:choice of words, yet, in his view, did not demonstrate a sexual motivation. He further ./Web_decision_-_Tinsley_Christopher.pdf-stated in oral evidence, even though he said in the same message “Send me a picture of ./Web_decision_-_Tinsley_Christopher.pdf-you in your Charlton shirt and long socks…” this was not a demand he made of Pupil A. ./Web_decision_-_Tinsley_Christopher.pdf-However, he wanted Pupil A to be aware that he was not making a demand of her and so ./Web_decision_-_Tinsley_Christopher.pdf-he sent a further message to Pupil A stating this. Mr Tinsley’s oral evidence was that this ./Web_decision_-_Tinsley_Christopher.pdf:supports his contention that the messages were not sexually motivated as he wanted to ./Web_decision_-_Tinsley_Christopher.pdf-ensure that Pupil A did not misinterpret an ambiguous message. ./Web_decision_-_Tinsley_Christopher.pdf- ./Web_decision_-_Tinsley_Christopher.pdf-When he further stated in a message to Pupil A that their conversations made him “feel ./Web_decision_-_Tinsley_Christopher.pdf-wanted…Even though it shouldn’t…” Mr Tinsley’s oral evidence was that he was not ./Web_decision_-_Tinsley_Christopher.pdf:seeking confirmation from Pupil A that she found him sexually attractive. He was simply ./Web_decision_-_Tinsley_Christopher.pdf-stating that the messages made him feel better about himself and he later recognised ./Web_decision_-_Tinsley_Christopher.pdf-that he should not be seeking such affirmations from Pupil A. ./Web_decision_-_Tinsley_Christopher.pdf- ./Web_decision_-_Tinsley_Christopher.pdf-When further cross examined by the presenting officer, Mr Tinsley stated that the ./Web_decision_-_Tinsley_Christopher.pdf-photographs he took of himself wearing a towel were part of his tracking of his own ./Web_decision_-_Tinsley_Christopher.pdf-fitness journey on his second Instagram account and were not taken solely for the ./Web_decision_-_Tinsley_Christopher.pdf-purpose of sending them to Pupil A. The panel noted from his written representations that ./Web_decision_-_Tinsley_Christopher.pdf-Mr Tinsley indicates that the pictures that he sent to Pupil A were one of many pictures of ./Web_decision_-_Tinsley_Christopher.pdf-a similar nature that he maintains on his separate Instagram page focussing on fitness. ./Web_decision_-_Tinsley_Christopher.pdf-His written representations further states this fitness page is maintained to comment on ./Web_decision_-_Tinsley_Christopher.pdf-and show progress of his developing fitness. He further stated in oral evidence that he ./Web_decision_-_Tinsley_Christopher.pdf-only sent these photographs to Pupil A after selecting them from his Instagram account ./Web_decision_-_Tinsley_Christopher.pdf-to display the tattoos he had. He did not take these photographs and immediately send ./Web_decision_-_Tinsley_Christopher.pdf-them to Pupil A. He believes that at the time he tried to crop the photos before sending ./Web_decision_-_Tinsley_Christopher.pdf-them to Pupil A, however he was unable to do so. He maintained that he did not have ./Web_decision_-_Tinsley_Christopher.pdf:any sexualised motivation behind these messages. When further cross examined, Mr ./Web_decision_-_Tinsley_Christopher.pdf-Tinsley’s oral evidence was that he did not think to provide proof of the existence of the ./Web_decision_-_Tinsley_Christopher.pdf-pictures relating to his fitness journey on his Instagram account to the panel. ./Web_decision_-_Tinsley_Christopher.pdf- ./Web_decision_-_Tinsley_Christopher.pdf-When further cross examined by the presenting officer, Mr Tinsley’s oral evidence was ./Web_decision_-_Tinsley_Christopher.pdf-that he could understand that Pupil A may have felt uncomfortable by the messages he ./Web_decision_-_Tinsley_Christopher.pdf- ./Web_decision_-_Tinsley_Christopher.pdf- ./Web_decision_-_Tinsley_Christopher.pdf- 12 ./Web_decision_-_Tinsley_Christopher.pdf- -- ./Web_decision_-_Tinsley_Christopher.pdf-them. However, his oral evidence was that he and Pupil A exchanged further messages ./Web_decision_-_Tinsley_Christopher.pdf-thereafter. The panel noted that there is some uncertainty about the exact order of the ./Web_decision_-_Tinsley_Christopher.pdf-messages and pictures exchanged, but Mr Tinsley’s recollection is that the photographs ./Web_decision_-_Tinsley_Christopher.pdf-of him came in the middle of the Instagram exchanges. ./Web_decision_-_Tinsley_Christopher.pdf- ./Web_decision_-_Tinsley_Christopher.pdf-Mr Tinsley’s further oral evidence was that he would have deleted the messages that he ./Web_decision_-_Tinsley_Christopher.pdf-had with Pupil A a few days after their conversation on Instagram. He maintained that he ./Web_decision_-_Tinsley_Christopher.pdf-routinely deletes messages and does not keep them. If he had intended to take the ./Web_decision_-_Tinsley_Christopher.pdf-relationship further then he may have kept the messages, sent more messages or taken ./Web_decision_-_Tinsley_Christopher.pdf-more raunchy pictures. ./Web_decision_-_Tinsley_Christopher.pdf:Mr Tinsley’s representative submitted that sexual motivation is not an inescapable ./Web_decision_-_Tinsley_Christopher.pdf-inference from Mr Tinsley’s messages and conduct towards Pupil A. It is clear that Mr ./Web_decision_-_Tinsley_Christopher.pdf:Tinsley’s actions did not lead to sex. In terms of the exchanges, there was no significant ./Web_decision_-_Tinsley_Christopher.pdf-escalation in terms of the exchanges. It was further submitted that there is a dispute ./Web_decision_-_Tinsley_Christopher.pdf-around the context of the messages, as there are missing messages that fills out a much ./Web_decision_-_Tinsley_Christopher.pdf-fuller conversation about tattoos. Mr Tinsley’s representative submitted that the full ./Web_decision_-_Tinsley_Christopher.pdf-exchange is not available. ./Web_decision_-_Tinsley_Christopher.pdf-The presenting officer submitted that the panel should not consider the mitigation ./Web_decision_-_Tinsley_Christopher.pdf-evidence that Mr Tinsley has put forward as part of his case at this stage. Mr Tinsley’s ./Web_decision_-_Tinsley_Christopher.pdf-representative disagreed and submitted that the difficult personal circumstances that Mr ./Web_decision_-_Tinsley_Christopher.pdf-Tinsley was undergoing at the time led Mr Tinsley to communicate with Pupil A in a way ./Web_decision_-_Tinsley_Christopher.pdf-to seek an affirmation as to his personal self-worth. This should be taken into account by ./Web_decision_-_Tinsley_Christopher.pdf-the panel. Mr Tinsley’s representative further submitted that the conversations with Pupil ./Web_decision_-_Tinsley_Christopher.pdf:A did not go any further and Mr Tinsley did not obtain any sexual gratification from these ./Web_decision_-_Tinsley_Christopher.pdf:messages/conversations as they were not sexually motivated. ./Web_decision_-_Tinsley_Christopher.pdf- ./Web_decision_-_Tinsley_Christopher.pdf-Taking all the evidence into account, the panel found the objective test met on the ./Web_decision_-_Tinsley_Christopher.pdf-balance of probabilities as the ordinary reasonable person would consider the purpose of ./Web_decision_-_Tinsley_Christopher.pdf:the pictures and messages that Mr Tinsley sent to Pupil A was sexual. The panel ./Web_decision_-_Tinsley_Christopher.pdf-carefully considered the subjective test. Mr Tinsley explained the reason behind his ./Web_decision_-_Tinsley_Christopher.pdf-separate Instagram page for his fitness photographs. He proposed that this was to keep ./Web_decision_-_Tinsley_Christopher.pdf-the photographs separate from his public profile. The panel concluded that Mr Tinsley ./Web_decision_-_Tinsley_Christopher.pdf-had an understanding of the potentially sensitive nature of these photographs. On the ./Web_decision_-_Tinsley_Christopher.pdf-whole, the panel found Mr Tinsley to be a credible witness. However in considering all ./Web_decision_-_Tinsley_Christopher.pdf-the evidence, the panel found Mr Tinsley’s explanation as to the selection and sending of ./Web_decision_-_Tinsley_Christopher.pdf-the specific photographs included in the bundle to Pupil A for the purpose of displaying ./Web_decision_-_Tinsley_Christopher.pdf-his tattoos alone, was not convincing. ./Web_decision_-_Tinsley_Christopher.pdf-The panel concluded that, on the balance of probabilities that it was more likely than not ./Web_decision_-_Tinsley_Christopher.pdf:that Mr Tinsley’s purpose of the messages or photographs he sent to Pupil A was sexual. ./Web_decision_-_Tinsley_Christopher.pdf:The panel noted that no sexual relationship developed however, the panel considered ./Web_decision_-_Tinsley_Christopher.pdf-that Mr Tinsley had the opportunity to cease communicating with Pupil A after she ./Web_decision_-_Tinsley_Christopher.pdf- ./Web_decision_-_Tinsley_Christopher.pdf- 13 ./Web_decision_-_Tinsley_Christopher.pdf- -- ./Web_decision_-_Tinsley_Christopher.pdf-confirmed that she did not find Mr Tinsley attractive. The fact that Mr Tinsley went on to ./Web_decision_-_Tinsley_Christopher.pdf-ask Pupil A if she had a “soft spot” for him and that she was “gorgeous” and that it was ./Web_decision_-_Tinsley_Christopher.pdf-nice to “feel wanted” further reinforced that Mr Tinsley’s conduct towards Pupil A was ./Web_decision_-_Tinsley_Christopher.pdf:sexually motivated. ./Web_decision_-_Tinsley_Christopher.pdf-The panel therefore found this allegation proven on the balance of probabilities. ./Web_decision_-_Tinsley_Christopher.pdf-Stem of allegation 1 and 4 ./Web_decision_-_Tinsley_Christopher.pdf-The panel noted from the Code of Conduct for Staff included the bundle states that: ./Web_decision_-_Tinsley_Christopher.pdf-“School employees must not engage in inappropriate personal relationships with current ./Web_decision_-_Tinsley_Christopher.pdf-or past students. School employees need to take care that their actions are not open to ./Web_decision_-_Tinsley_Christopher.pdf-misinterpretation and that good practices are followed…..It is a criminal offence for an ./Web_decision_-_Tinsley_Christopher.pdf-employee to have a relationship with a young person, including 16 to 18 year olds, to ./Web_decision_-_Tinsley_Christopher.pdf-whom they have or had a duty of care….” This document also states that, “No member of ./Web_decision_-_Tinsley_Christopher.pdf-staff is allowed to have students currently on roll as “friends” on their social networking ./Web_decision_-_Tinsley_Christopher.pdf-pages”. In addition, the panel noted that the E-safety policy included in the bundle states -- ./Web_decision_-_Tinsley_Christopher.pdf:Tinsley’s behaviour towards Pupil A, was sexually motivated. Mr Tinsley had a duty of ./Web_decision_-_Tinsley_Christopher.pdf-care to Pupil A even though she was a former pupil at that time. ./Web_decision_-_Tinsley_Christopher.pdf- ./Web_decision_-_Tinsley_Christopher.pdf-The panel has also considered whether Mr Tinsley’s conduct displayed behaviours ./Web_decision_-_Tinsley_Christopher.pdf-associated with any of the offences listed on pages 8 and 9 of the Advice. The panel has ./Web_decision_-_Tinsley_Christopher.pdf-found that none are relevant. In particular, the panel considered there was no evidence of ./Web_decision_-_Tinsley_Christopher.pdf:any physical contact for it to be able to determine that sexual activity was relevant, even ./Web_decision_-_Tinsley_Christopher.pdf-though the panel found Mr Tinsley’s sending of messages and photographs to be ./Web_decision_-_Tinsley_Christopher.pdf:sexually motivated. ./Web_decision_-_Tinsley_Christopher.pdf- ./Web_decision_-_Tinsley_Christopher.pdf-The panel found that Mr Tinsley’s misconduct was within the education setting and it is ./Web_decision_-_Tinsley_Christopher.pdf-satisfied that Mr Tinsley is guilty of unacceptable professional conduct. ./Web_decision_-_Tinsley_Christopher.pdf- ./Web_decision_-_Tinsley_Christopher.pdf-The panel has taken into account how the teaching profession is viewed by others and ./Web_decision_-_Tinsley_Christopher.pdf-considered the influence that teachers may have on pupils, parents and others in the ./Web_decision_-_Tinsley_Christopher.pdf-community. The panel has taken account of the uniquely influential role that teachers can ./Web_decision_-_Tinsley_Christopher.pdf-hold in pupils’ lives and that pupils must be able to view teachers as role models in the ./Web_decision_-_Tinsley_Christopher.pdf-way they behave. ./Web_decision_-_Tinsley_Christopher.pdf- -- ./Web_decision_-_Tinsley_Christopher.pdf-The panel has considered the particular public interest considerations set out in the ./Web_decision_-_Tinsley_Christopher.pdf-Advice and having done so has found a number of them to be relevant in this case, ./Web_decision_-_Tinsley_Christopher.pdf-namely: the protection of pupils, the maintenance of public confidence in the profession, ./Web_decision_-_Tinsley_Christopher.pdf-and declaring and upholding proper standards of conduct. ./Web_decision_-_Tinsley_Christopher.pdf- ./Web_decision_-_Tinsley_Christopher.pdf-In light of the panel’s findings against Mr Tinsley, there is a strong public interest ./Web_decision_-_Tinsley_Christopher.pdf-consideration in respect of the protection of pupils given the serious findings of ./Web_decision_-_Tinsley_Christopher.pdf:inappropriate communication with a former pupil aged under 18 which was sexually ./Web_decision_-_Tinsley_Christopher.pdf-motivated. ./Web_decision_-_Tinsley_Christopher.pdf- ./Web_decision_-_Tinsley_Christopher.pdf-Similarly, the panel considers that public confidence in the profession could be seriously ./Web_decision_-_Tinsley_Christopher.pdf-weakened if conduct such as that found against Mr Tinsley was not treated with the ./Web_decision_-_Tinsley_Christopher.pdf-utmost seriousness when regulating the conduct of the profession. ./Web_decision_-_Tinsley_Christopher.pdf- ./Web_decision_-_Tinsley_Christopher.pdf-The panel considered that a strong public interest consideration in declaring proper ./Web_decision_-_Tinsley_Christopher.pdf-standards of conduct in the profession was also present as the conduct found against Mr ./Web_decision_-_Tinsley_Christopher.pdf-Tinsley was outside that which could reasonably be tolerated. ./Web_decision_-_Tinsley_Christopher.pdf- -- ./Web_decision_-_Tinsley_Christopher.pdf-order may be appropriate if certain behaviours of a teacher have been proven. Due to Mr ./Web_decision_-_Tinsley_Christopher.pdf-Tinsley having received a previous warning in 2008 for contacting a sixth form pupil by ./Web_decision_-_Tinsley_Christopher.pdf-MSN messenger and allegedly suggesting they have a relationship and the conduct ./Web_decision_-_Tinsley_Christopher.pdf-found proven in relation to Pupil A, the panel considered that in the list of such ./Web_decision_-_Tinsley_Christopher.pdf-behaviours, those that are relevant in this case are: ./Web_decision_-_Tinsley_Christopher.pdf- ./Web_decision_-_Tinsley_Christopher.pdf-  serious departure from the personal and professional conduct elements of the ./Web_decision_-_Tinsley_Christopher.pdf- Teachers’ Standards; ./Web_decision_-_Tinsley_Christopher.pdf-  abuse of position or trust (particularly involving vulnerable pupils) or violation of the ./Web_decision_-_Tinsley_Christopher.pdf- rights of pupils; ./Web_decision_-_Tinsley_Christopher.pdf:  sexual misconduct, eg involving actions that were sexually motivated or of a ./Web_decision_-_Tinsley_Christopher.pdf: sexual nature and/or that use or exploit the trust, knowledge or influence derived ./Web_decision_-_Tinsley_Christopher.pdf- from the individual’s professional position; ./Web_decision_-_Tinsley_Christopher.pdf-Even though there were behaviours that would point to a prohibition order being ./Web_decision_-_Tinsley_Christopher.pdf-appropriate, the panel went on to consider whether or not there were sufficient mitigating ./Web_decision_-_Tinsley_Christopher.pdf-factors to militate against a prohibition order being an appropriate and proportionate ./Web_decision_-_Tinsley_Christopher.pdf-measure to impose, particularly taking into account the nature and severity of the ./Web_decision_-_Tinsley_Christopher.pdf-behaviour in this case. ./Web_decision_-_Tinsley_Christopher.pdf- ./Web_decision_-_Tinsley_Christopher.pdf- ./Web_decision_-_Tinsley_Christopher.pdf- 17 ./Web_decision_-_Tinsley_Christopher.pdf- -- ./Web_decision_-_Tinsley_Christopher.pdf-made by the panel is sufficient. ./Web_decision_-_Tinsley_Christopher.pdf- ./Web_decision_-_Tinsley_Christopher.pdf-The panel is of the view that applying the standard of the ordinary intelligent citizen ./Web_decision_-_Tinsley_Christopher.pdf-recommending no prohibition order is not a proportionate and appropriate response. ./Web_decision_-_Tinsley_Christopher.pdf-Recommending that publication of adverse findings is sufficient in this case would ./Web_decision_-_Tinsley_Christopher.pdf-unacceptably compromise the public interest considerations present in this case, despite ./Web_decision_-_Tinsley_Christopher.pdf-the severity of prohibition for Mr Tinsley. ./Web_decision_-_Tinsley_Christopher.pdf- ./Web_decision_-_Tinsley_Christopher.pdf-The panel is of the view that prohibition is both proportionate and appropriate. The panel ./Web_decision_-_Tinsley_Christopher.pdf-has decided that the public interest considerations outweigh the interests of Mr Tinsley. ./Web_decision_-_Tinsley_Christopher.pdf:His sexually motivated behaviour towards Pupil A and his previous disciplinary record ./Web_decision_-_Tinsley_Christopher.pdf-were significant factors in forming that opinion. Accordingly, the panel makes a ./Web_decision_-_Tinsley_Christopher.pdf-recommendation to the Secretary of State that a prohibition order should be imposed with ./Web_decision_-_Tinsley_Christopher.pdf-immediate effect. ./Web_decision_-_Tinsley_Christopher.pdf- ./Web_decision_-_Tinsley_Christopher.pdf-The panel went on to consider whether or not it would be appropriate for them to decide ./Web_decision_-_Tinsley_Christopher.pdf-to recommend that a review period of the order should be considered. The panel was ./Web_decision_-_Tinsley_Christopher.pdf-mindful that the Advice states that a prohibition order applies for life, but there may be ./Web_decision_-_Tinsley_Christopher.pdf-circumstances in any given case that may make it appropriate to allow a teacher to apply ./Web_decision_-_Tinsley_Christopher.pdf- ./Web_decision_-_Tinsley_Christopher.pdf- -- ./Web_decision_-_Tinsley_Christopher.pdf-to have the prohibition order reviewed after a specified period of time that may not be ./Web_decision_-_Tinsley_Christopher.pdf-less than 2 years. ./Web_decision_-_Tinsley_Christopher.pdf- ./Web_decision_-_Tinsley_Christopher.pdf-The Advice indicates that there are behaviours that, if proven, would militate against a ./Web_decision_-_Tinsley_Christopher.pdf:review period being recommended. One of these behaviours includes serious sexual ./Web_decision_-_Tinsley_Christopher.pdf:misconduct, eg where the act was sexually motivated and resulted in or had the potential ./Web_decision_-_Tinsley_Christopher.pdf-to result in, harm to a person or persons, particularly where the individual has used their ./Web_decision_-_Tinsley_Christopher.pdf-professional position to influence or exploit a person or persons. The panel determined ./Web_decision_-_Tinsley_Christopher.pdf:that even though Mr Tinsley’s behaviour towards Pupil A was sexually motivated there ./Web_decision_-_Tinsley_Christopher.pdf-was insufficient evidence that Pupil A was harmed or there was potential for her to be ./Web_decision_-_Tinsley_Christopher.pdf-harmed by the messages or photographs that Mr Tinsley sent to her. The panel therefore ./Web_decision_-_Tinsley_Christopher.pdf:concluded that serious sexual misconduct was not relevant. ./Web_decision_-_Tinsley_Christopher.pdf- ./Web_decision_-_Tinsley_Christopher.pdf-It was submitted by Mr Tinsley’s representative that Mr Tinsley has shown significant ./Web_decision_-_Tinsley_Christopher.pdf-insight over the inappropriateness of his actions. ./Web_decision_-_Tinsley_Christopher.pdf- ./Web_decision_-_Tinsley_Christopher.pdf-In his oral evidence Mr Tinsley stated that he is frustrated at finding himself in this ./Web_decision_-_Tinsley_Christopher.pdf-position and his conduct was inappropriate. It is, “heart-wrenching” that he is in this ./Web_decision_-_Tinsley_Christopher.pdf-position, and the profession he loved being part of, is threatened by his own, “stupidity”. ./Web_decision_-_Tinsley_Christopher.pdf-He further stated in oral evidence that he would not involve himself in any private form of ./Web_decision_-_Tinsley_Christopher.pdf-communication with a pupil or former pupil. He would also consider having a separate ./Web_decision_-_Tinsley_Christopher.pdf-social media profile for work reasons and for personal messages with his friends. His oral -- ./Web_decision_-_Tinsley_Christopher.pdf- o treating pupils with dignity, building relationships rooted in mutual respect, and ./Web_decision_-_Tinsley_Christopher.pdf- at all times observing proper boundaries appropriate to a teacher’s ./Web_decision_-_Tinsley_Christopher.pdf- professional position; ./Web_decision_-_Tinsley_Christopher.pdf- o having regard for the need to safeguard pupils’ well-being, in accordance with ./Web_decision_-_Tinsley_Christopher.pdf- statutory provisions; ./Web_decision_-_Tinsley_Christopher.pdf-  Teachers must have proper and professional regard for the ethos, policies and ./Web_decision_-_Tinsley_Christopher.pdf- practices of the school in which they teach… ./Web_decision_-_Tinsley_Christopher.pdf-  Teachers must have an understanding of, and always act within, the statutory ./Web_decision_-_Tinsley_Christopher.pdf- frameworks which set out their professional duties and responsibilities. ./Web_decision_-_Tinsley_Christopher.pdf-In reaching that conclusion the panel gave very careful consideration to the matter of ./Web_decision_-_Tinsley_Christopher.pdf:sexual motivation. The panel found Mr Tinsley’s behaviour towards Pupil A, was sexually ./Web_decision_-_Tinsley_Christopher.pdf-motivated. Mr Tinsley had a duty of care to Pupil A even though she was a former pupil ./Web_decision_-_Tinsley_Christopher.pdf-at that time. ./Web_decision_-_Tinsley_Christopher.pdf- ./Web_decision_-_Tinsley_Christopher.pdf-The panel has also considered whether Mr Tinsley’s conduct displayed behaviours ./Web_decision_-_Tinsley_Christopher.pdf-associated with any of the offences listed on pages 8 and 9 of the Advice. The panel has ./Web_decision_-_Tinsley_Christopher.pdf-found that none are relevant. In particular, the panel considered there was no evidence of ./Web_decision_-_Tinsley_Christopher.pdf:any physical contact for it to be able to determine that sexual activity was relevant, even ./Web_decision_-_Tinsley_Christopher.pdf-though the panel found Mr Tinsley’s sending of messages and photographs to be ./Web_decision_-_Tinsley_Christopher.pdf:sexually motivated. ./Web_decision_-_Tinsley_Christopher.pdf- ./Web_decision_-_Tinsley_Christopher.pdf-The panel has found the following behaviours are relevant in this case: ./Web_decision_-_Tinsley_Christopher.pdf- ./Web_decision_-_Tinsley_Christopher.pdf-  serious departure from the personal and professional conduct elements of the ./Web_decision_-_Tinsley_Christopher.pdf- Teachers’ Standards; ./Web_decision_-_Tinsley_Christopher.pdf-  abuse of position or trust (particularly involving vulnerable pupils) or violation of the ./Web_decision_-_Tinsley_Christopher.pdf- rights of pupils; ./Web_decision_-_Tinsley_Christopher.pdf- ./Web_decision_-_Tinsley_Christopher.pdf- 21 ./Web_decision_-_Tinsley_Christopher.pdf- -- ./Web_decision_-_Tinsley_Christopher.pdf:  sexual misconduct, eg involving actions that were sexually motivated or of a ./Web_decision_-_Tinsley_Christopher.pdf: sexual nature and/or that use or exploit the trust, knowledge or influence derived ./Web_decision_-_Tinsley_Christopher.pdf- from the individual’s professional position; ./Web_decision_-_Tinsley_Christopher.pdf-The panel found that Mr Tinsley’s misconduct was within the education setting and it is ./Web_decision_-_Tinsley_Christopher.pdf-satisfied that Mr Tinsley is guilty of unacceptable professional conduct. ./Web_decision_-_Tinsley_Christopher.pdf- ./Web_decision_-_Tinsley_Christopher.pdf-I have considered carefully the recommendation made by the panel in respect of a ./Web_decision_-_Tinsley_Christopher.pdf-sanction. In doing so I have, like the panel, weighed the public interest and the interests ./Web_decision_-_Tinsley_Christopher.pdf-of the individual. In particular I have weighed the public interests associated with the ./Web_decision_-_Tinsley_Christopher.pdf-reputation of the profession as well as those associated with retaining in teaching ./Web_decision_-_Tinsley_Christopher.pdf-individuals who have something to offer. A finding of unacceptable professional conduct ./Web_decision_-_Tinsley_Christopher.pdf-and/or conduct that may bring the profession into disrepute is of itself a serious matter ./Web_decision_-_Tinsley_Christopher.pdf-and may be a sufficient outcome of these types of procedures in some cases. In this ./Web_decision_-_Tinsley_Christopher.pdf-case the panel has set out clearly that publication of adverse findings is not sufficient and ./Web_decision_-_Tinsley_Christopher.pdf-would unacceptably compromise the public interest considerations present in this case, ./Web_decision_-_Tinsley_Christopher.pdf-despite the severity of prohibition for Mr Tinsley. ./Web_decision_-_Tinsley_Christopher.pdf- ./Web_decision_-_Tinsley_Christopher.pdf-The panel is of the view that prohibition is both proportionate and appropriate. The panel ./Web_decision_-_Tinsley_Christopher.pdf-has decided that the public interest considerations outweigh the interests of Mr Tinsley. ./Web_decision_-_Tinsley_Christopher.pdf:His sexually motivated behaviour towards Pupil A and his previous disciplinary record ./Web_decision_-_Tinsley_Christopher.pdf-were significant factors in forming that opinion. ./Web_decision_-_Tinsley_Christopher.pdf- ./Web_decision_-_Tinsley_Christopher.pdf-For those reasons and having similarly weighed the public interest with the interests of Mr ./Web_decision_-_Tinsley_Christopher.pdf-Tinsley I have concluded that a prohibition order is proportionate and in the public ./Web_decision_-_Tinsley_Christopher.pdf-interest. ./Web_decision_-_Tinsley_Christopher.pdf- ./Web_decision_-_Tinsley_Christopher.pdf-I have gone on to consider the panel’s recommendation in respect of a review period. I ./Web_decision_-_Tinsley_Christopher.pdf-have thought carefully about the mitigating factors put forward for the teacher and the ./Web_decision_-_Tinsley_Christopher.pdf-other matters considered by the panel. ./Web_decision_-_Tinsley_Christopher.pdf- ./Web_decision_-_Whalley__Simon_-_12546_.pdf- flat for a week, ./Web_decision_-_Whalley__Simon_-_12546_.pdf- ./Web_decision_-_Whalley__Simon_-_12546_.pdf- f) Shared a bed with Pupil A, on one or more occasions, ./Web_decision_-_Whalley__Simon_-_12546_.pdf- ./Web_decision_-_Whalley__Simon_-_12546_.pdf- g) Hugged Pupil A on one or more occasions, ./Web_decision_-_Whalley__Simon_-_12546_.pdf- ./Web_decision_-_Whalley__Simon_-_12546_.pdf- h) Kissed Pupil A on one or more occasions, ./Web_decision_-_Whalley__Simon_-_12546_.pdf- ./Web_decision_-_Whalley__Simon_-_12546_.pdf- i) Masturbated Pupil A on one or more occasions, ./Web_decision_-_Whalley__Simon_-_12546_.pdf- ./Web_decision_-_Whalley__Simon_-_12546_.pdf: j) Performed oral sex on Pupil A on one or more occasions, ./Web_decision_-_Whalley__Simon_-_12546_.pdf- ./Web_decision_-_Whalley__Simon_-_12546_.pdf- k) Took Pupil A on a trip to London, ./Web_decision_-_Whalley__Simon_-_12546_.pdf- ./Web_decision_-_Whalley__Simon_-_12546_.pdf: l) Showed Pupil A a diagram depicting anal sex and suggested that you and ./Web_decision_-_Whalley__Simon_-_12546_.pdf- him should try it, ./Web_decision_-_Whalley__Simon_-_12546_.pdf- ./Web_decision_-_Whalley__Simon_-_12546_.pdf- m) Sent messages to Pupil A with content not related to school by: ./Web_decision_-_Whalley__Simon_-_12546_.pdf- ./Web_decision_-_Whalley__Simon_-_12546_.pdf- a. SMS message ./Web_decision_-_Whalley__Simon_-_12546_.pdf- ./Web_decision_-_Whalley__Simon_-_12546_.pdf- ./Web_decision_-_Whalley__Simon_-_12546_.pdf- 4 ./Web_decision_-_Whalley__Simon_-_12546_.pdf- -- ./Web_decision_-_Whalley__Simon_-_12546_.pdf- a) Met a pupil or pupils, on one or more occasions: ./Web_decision_-_Whalley__Simon_-_12546_.pdf- ./Web_decision_-_Whalley__Simon_-_12546_.pdf- i. In pubs and/or bars, ./Web_decision_-_Whalley__Simon_-_12546_.pdf- ./Web_decision_-_Whalley__Simon_-_12546_.pdf- ii. In restaurants, ./Web_decision_-_Whalley__Simon_-_12546_.pdf- ./Web_decision_-_Whalley__Simon_-_12546_.pdf- iii. At your flat, ./Web_decision_-_Whalley__Simon_-_12546_.pdf- ./Web_decision_-_Whalley__Simon_-_12546_.pdf- b) Bought alcoholic drinks for a pupil or pupils, on one or more occasions, ./Web_decision_-_Whalley__Simon_-_12546_.pdf- ./Web_decision_-_Whalley__Simon_-_12546_.pdf: c) Discussed sexual matters with a pupil or pupils, on one or more occasions, ./Web_decision_-_Whalley__Simon_-_12546_.pdf- ./Web_decision_-_Whalley__Simon_-_12546_.pdf- d) Allowed a pupil or pupils to consume alcoholic drinks, on one or more ./Web_decision_-_Whalley__Simon_-_12546_.pdf- occasions, ./Web_decision_-_Whalley__Simon_-_12546_.pdf- ./Web_decision_-_Whalley__Simon_-_12546_.pdf- e) Allowed a pupil or pupils to stay overnight at your flat, on one or more ./Web_decision_-_Whalley__Simon_-_12546_.pdf- occasions; ./Web_decision_-_Whalley__Simon_-_12546_.pdf- ./Web_decision_-_Whalley__Simon_-_12546_.pdf: 3. Your actions described at paragraph 1 above were sexually motivated. ./Web_decision_-_Whalley__Simon_-_12546_.pdf- ./Web_decision_-_Whalley__Simon_-_12546_.pdf-Given that Mr Whalley was neither present nor represented, and in the absence of any ./Web_decision_-_Whalley__Simon_-_12546_.pdf-clear and unequivocal admissions, the panel treated all of the particulars of the allegation ./Web_decision_-_Whalley__Simon_-_12546_.pdf-as in dispute. ./Web_decision_-_Whalley__Simon_-_12546_.pdf- ./Web_decision_-_Whalley__Simon_-_12546_.pdf- ./Web_decision_-_Whalley__Simon_-_12546_.pdf-C. Preliminary applications ./Web_decision_-_Whalley__Simon_-_12546_.pdf-The panel considered an application to proceed in the absence of the teacher. ./Web_decision_-_Whalley__Simon_-_12546_.pdf- ./Web_decision_-_Whalley__Simon_-_12546_.pdf-The panel considered the Notice of Proceedings dated 27 August 2015 and the -- ./Web_decision_-_Whalley__Simon_-_12546_.pdf-significant competing interest. The panel was unable to make any assessment of the ./Web_decision_-_Whalley__Simon_-_12546_.pdf-likely impact of media publicity on Mr Whalley's parents in the absence of medical ./Web_decision_-_Whalley__Simon_-_12546_.pdf-evidence, of which there is none. In any event, the panel considered that the potential for, ./Web_decision_-_Whalley__Simon_-_12546_.pdf-and adverse impact of, the sort Mr Whalley asserts might befall his parents was an ./Web_decision_-_Whalley__Simon_-_12546_.pdf-insufficient reason for the hearing to be held in private. Moreover, the panel noted that ./Web_decision_-_Whalley__Simon_-_12546_.pdf-paragraph 4.59 of the Disciplinary Procedures required that, even where a hearing is ./Web_decision_-_Whalley__Simon_-_12546_.pdf-held in private, the decision of the panel and its reasons is still announced in public. ./Web_decision_-_Whalley__Simon_-_12546_.pdf- ./Web_decision_-_Whalley__Simon_-_12546_.pdf-The panel does not accept the comparison drawn by Mr Whalley in his application ./Web_decision_-_Whalley__Simon_-_12546_.pdf-between the anonymity afforded to Pupil A and the lack of anonymity given to him. There ./Web_decision_-_Whalley__Simon_-_12546_.pdf:is a compelling public interest in those who complain of sexual conduct being afforded ./Web_decision_-_Whalley__Simon_-_12546_.pdf-anonymity during proceedings. The protection afforded by that anonymity encourages ./Web_decision_-_Whalley__Simon_-_12546_.pdf-complainants to come forward and give what is inevitably distressing and difficult ./Web_decision_-_Whalley__Simon_-_12546_.pdf-evidence. ./Web_decision_-_Whalley__Simon_-_12546_.pdf- ./Web_decision_-_Whalley__Simon_-_12546_.pdf-Accordingly, the panel dismissed Mr Whalley's application. ./Web_decision_-_Whalley__Simon_-_12546_.pdf- ./Web_decision_-_Whalley__Simon_-_12546_.pdf-The panel considered an application by the Presenting Officer to amend the word "him" in ./Web_decision_-_Whalley__Simon_-_12546_.pdf-paragraph 1. l) of the allegation to "he", and, of its own motion, to amend the word ./Web_decision_-_Whalley__Simon_-_12546_.pdf-"Abington" in the preamble to the allegation, to "Abingdon". The panel considered ./Web_decision_-_Whalley__Simon_-_12546_.pdf-whether, in accordance with paragraph 4.56 of the Disciplinary Procedures, it was in the -- ./Web_decision_-_Whalley__Simon_-_12546_.pdf-Mr Whalley was employed at Abingdon School as a music teacher between ./Web_decision_-_Whalley__Simon_-_12546_.pdf-approximately 2000 and 2014. The allegations against him related to the period 2000 to ./Web_decision_-_Whalley__Simon_-_12546_.pdf-2002. They came to light when Pupil A contacted the school in the autumn of 2014 in the ./Web_decision_-_Whalley__Simon_-_12546_.pdf:wake of the increasing media attention around historical sexual offending. The school ./Web_decision_-_Whalley__Simon_-_12546_.pdf-commenced an investigation. As part of that investigation it interviewed Pupil A, Witness ./Web_decision_-_Whalley__Simon_-_12546_.pdf-B and Witness A. In addition, it conducted an interview with Mr Whalley, the first half of ./Web_decision_-_Whalley__Simon_-_12546_.pdf-which was taped and the second half of which was not, but notes were taken. ./Web_decision_-_Whalley__Simon_-_12546_.pdf- ./Web_decision_-_Whalley__Simon_-_12546_.pdf-The allegations brought by the NCTL relate, firstly, to Mr Whalley's relationship with Pupil ./Web_decision_-_Whalley__Simon_-_12546_.pdf-A. At the relevant time Pupil A was in the fifth and sixth forms of Abingdon School and ./Web_decision_-_Whalley__Simon_-_12546_.pdf-between the ages of 16 and 18. Pupil A was, at that time, coming to terms with identifying ./Web_decision_-_Whalley__Simon_-_12546_.pdf:himself as homosexual. Mr Whalley was a music teacher at the school and was also ./Web_decision_-_Whalley__Simon_-_12546_.pdf:homosexual. It is alleged that he became increasingly and inappropriately close to Pupil ./Web_decision_-_Whalley__Simon_-_12546_.pdf:A, eventually engaging in repeated sexual activity with him. ./Web_decision_-_Whalley__Simon_-_12546_.pdf- ./Web_decision_-_Whalley__Simon_-_12546_.pdf-Secondly, the allegations relate to failing to maintain appropriate boundaries with pupils ./Web_decision_-_Whalley__Simon_-_12546_.pdf-other than Pupil A, in particular by meeting them on licensed premises and socialising ./Web_decision_-_Whalley__Simon_-_12546_.pdf-with them. This included both permitting them to drink alcohol whilst under age and ./Web_decision_-_Whalley__Simon_-_12546_.pdf-buying alcoholic beverages for them. In addition, it is said that he would invite pupils ./Web_decision_-_Whalley__Simon_-_12546_.pdf-round to his flat and, on at least one occasion, permit pupils to stay overnight. ./Web_decision_-_Whalley__Simon_-_12546_.pdf- ./Web_decision_-_Whalley__Simon_-_12546_.pdf-Findings of fact ./Web_decision_-_Whalley__Simon_-_12546_.pdf-Our findings of fact are as follows: ./Web_decision_-_Whalley__Simon_-_12546_.pdf- -- ./Web_decision_-_Whalley__Simon_-_12546_.pdf-brought these matters to the attention of Abingdon School for anything other than entirely ./Web_decision_-_Whalley__Simon_-_12546_.pdf-proper motives. ./Web_decision_-_Whalley__Simon_-_12546_.pdf- ./Web_decision_-_Whalley__Simon_-_12546_.pdf-The panel carefully considered the testimonial evidence advanced by Mr Whalley. ./Web_decision_-_Whalley__Simon_-_12546_.pdf-However, the panel felt it did little to establish a lack of a propensity to conduct himself in ./Web_decision_-_Whalley__Simon_-_12546_.pdf-the manner alleged. The panel was unclear about how the various authors came to be ./Web_decision_-_Whalley__Simon_-_12546_.pdf-selected and, in particular, how representative they were of boys between the age of 16 ./Web_decision_-_Whalley__Simon_-_12546_.pdf:and 18 at Abingdon School who were struggling to come to terms with their sexuality ./Web_decision_-_Whalley__Simon_-_12546_.pdf-whilst under the tutelage of Mr Whalley. ./Web_decision_-_Whalley__Simon_-_12546_.pdf- ./Web_decision_-_Whalley__Simon_-_12546_.pdf-The panel has found the following particulars of the allegation against you proven, for ./Web_decision_-_Whalley__Simon_-_12546_.pdf-these reasons: ./Web_decision_-_Whalley__Simon_-_12546_.pdf- ./Web_decision_-_Whalley__Simon_-_12546_.pdf-Whilst employed at Abingdon School, between 2000 and 2002, you failed to ./Web_decision_-_Whalley__Simon_-_12546_.pdf-maintain appropriate professional boundaries in that you: ./Web_decision_-_Whalley__Simon_-_12546_.pdf- ./Web_decision_-_Whalley__Simon_-_12546_.pdf- 1. In relation to Pupil A: ./Web_decision_-_Whalley__Simon_-_12546_.pdf- -- ./Web_decision_-_Whalley__Simon_-_12546_.pdf-The panel accepted Pupil A's evidence in this regard. Furthermore, it noted that Mr ./Web_decision_-_Whalley__Simon_-_12546_.pdf-Whalley accepted during the interview carried out during the school investigation that ./Web_decision_-_Whalley__Simon_-_12546_.pdf-there were hugs between Pupil A and him. ./Web_decision_-_Whalley__Simon_-_12546_.pdf- ./Web_decision_-_Whalley__Simon_-_12546_.pdf-Accordingly, the panel found the particular proved. ./Web_decision_-_Whalley__Simon_-_12546_.pdf- ./Web_decision_-_Whalley__Simon_-_12546_.pdf- h) Kissed Pupil A on one or more occasions, ./Web_decision_-_Whalley__Simon_-_12546_.pdf- ./Web_decision_-_Whalley__Simon_-_12546_.pdf- i) Masturbated Pupil A on one or more occasions, ./Web_decision_-_Whalley__Simon_-_12546_.pdf- ./Web_decision_-_Whalley__Simon_-_12546_.pdf: j) Performed oral sex on Pupil A on one or more occasions, ./Web_decision_-_Whalley__Simon_-_12546_.pdf- ./Web_decision_-_Whalley__Simon_-_12546_.pdf-Mr Whalley denies in the interview during the school investigation that any of these acts ./Web_decision_-_Whalley__Simon_-_12546_.pdf-occurred with Pupil A and maintains that denial. However, the panel prefers the evidence ./Web_decision_-_Whalley__Simon_-_12546_.pdf-of Pupil A. The panel saw no reason why Pupil A would be mistaken in his account about ./Web_decision_-_Whalley__Simon_-_12546_.pdf-what had happened given that he describes in his evidence a number of different ./Web_decision_-_Whalley__Simon_-_12546_.pdf:occasions and circumstances in which this sexual contact occurred. The panel did not ./Web_decision_-_Whalley__Simon_-_12546_.pdf-accept that his evidence was fabricated. He told Witness A at the time that he was in a, ./Web_decision_-_Whalley__Simon_-_12546_.pdf-"relationship" with Mr Whalley and prevailed upon him to keep that fact a secret. The ./Web_decision_-_Whalley__Simon_-_12546_.pdf-panel was struck in particular by Pupil A's evidence of his clear recollection of having to ./Web_decision_-_Whalley__Simon_-_12546_.pdf:partake in oral sex with Mr Whalley and how he felt that it had somehow crossed a ./Web_decision_-_Whalley__Simon_-_12546_.pdf-boundary for him. ./Web_decision_-_Whalley__Simon_-_12546_.pdf- ./Web_decision_-_Whalley__Simon_-_12546_.pdf-Accordingly, the panel found these particulars proved. ./Web_decision_-_Whalley__Simon_-_12546_.pdf- ./Web_decision_-_Whalley__Simon_-_12546_.pdf- k) Took Pupil A on a trip to London, ./Web_decision_-_Whalley__Simon_-_12546_.pdf- ./Web_decision_-_Whalley__Simon_-_12546_.pdf-In both his interview with the School and in his representations Mr Whalley accepted that ./Web_decision_-_Whalley__Simon_-_12546_.pdf-he and Pupil A went to London together and went to the London Eye and a bar. This is ./Web_decision_-_Whalley__Simon_-_12546_.pdf-consistent with Pupil A's account. ./Web_decision_-_Whalley__Simon_-_12546_.pdf- ./Web_decision_-_Whalley__Simon_-_12546_.pdf-Accordingly, the panel found this particular proved. ./Web_decision_-_Whalley__Simon_-_12546_.pdf- ./Web_decision_-_Whalley__Simon_-_12546_.pdf: l) Showed Pupil A a diagram depicting anal sex and suggested that you ./Web_decision_-_Whalley__Simon_-_12546_.pdf- and he should try it, ./Web_decision_-_Whalley__Simon_-_12546_.pdf- ./Web_decision_-_Whalley__Simon_-_12546_.pdf-The panel accepted Pupil A's account that he was shown such a diagram and that Mr ./Web_decision_-_Whalley__Simon_-_12546_.pdf-Whalley made that suggestion to him. It noted that his evidence was that he was ./Web_decision_-_Whalley__Simon_-_12546_.pdf-particularly distressed by the suggestion, left the bar, and immediately made his way ./Web_decision_-_Whalley__Simon_-_12546_.pdf-home. In the second half of the interview conducted by the School, when the matter was ./Web_decision_-_Whalley__Simon_-_12546_.pdf- ./Web_decision_-_Whalley__Simon_-_12546_.pdf- ./Web_decision_-_Whalley__Simon_-_12546_.pdf- 11 ./Web_decision_-_Whalley__Simon_-_12546_.pdf- -- ./Web_decision_-_Whalley__Simon_-_12546_.pdf- ./Web_decision_-_Whalley__Simon_-_12546_.pdf-Accordingly, the panel found this particular proved. ./Web_decision_-_Whalley__Simon_-_12546_.pdf- ./Web_decision_-_Whalley__Simon_-_12546_.pdf- m) Sent messages to Pupil A with content not related to school by: ./Web_decision_-_Whalley__Simon_-_12546_.pdf- ./Web_decision_-_Whalley__Simon_-_12546_.pdf- a. SMS message ./Web_decision_-_Whalley__Simon_-_12546_.pdf- ./Web_decision_-_Whalley__Simon_-_12546_.pdf-The panel accepts Pupil A's account that he would have received text messages from Mr ./Web_decision_-_Whalley__Simon_-_12546_.pdf-Whalley during his lower sixth year and that Mr Whalley would have being sending ./Web_decision_-_Whalley__Simon_-_12546_.pdf-increasingly frantic text messages to Pupil A after Pupil A had decided to head home on ./Web_decision_-_Whalley__Simon_-_12546_.pdf:the bus after being shown the diagram depicting anal sex. ./Web_decision_-_Whalley__Simon_-_12546_.pdf- ./Web_decision_-_Whalley__Simon_-_12546_.pdf-Accordingly, the panel found this particular proved. ./Web_decision_-_Whalley__Simon_-_12546_.pdf- ./Web_decision_-_Whalley__Simon_-_12546_.pdf- b. Email ./Web_decision_-_Whalley__Simon_-_12546_.pdf- ./Web_decision_-_Whalley__Simon_-_12546_.pdf-The panel accepts Pupil A's account that he would have received emails from Mr ./Web_decision_-_Whalley__Simon_-_12546_.pdf-Whalley. In addition, it infers from the fact that Pupil A clearly had Mr Whalley's personal ./Web_decision_-_Whalley__Simon_-_12546_.pdf-email address and had been crafting emails to send to it, that they were both in the habit ./Web_decision_-_Whalley__Simon_-_12546_.pdf-of regularly exchanging emails. ./Web_decision_-_Whalley__Simon_-_12546_.pdf- -- ./Web_decision_-_Whalley__Simon_-_12546_.pdf-Accordingly, the panel found the particular proved. ./Web_decision_-_Whalley__Simon_-_12546_.pdf- ./Web_decision_-_Whalley__Simon_-_12546_.pdf- b) Bought alcoholic drinks for a pupil or pupils, on one or more ./Web_decision_-_Whalley__Simon_-_12546_.pdf- occasions, ./Web_decision_-_Whalley__Simon_-_12546_.pdf- ./Web_decision_-_Whalley__Simon_-_12546_.pdf-The panel accepted the evidence of the witnesses that it was a frequent occurrence for ./Web_decision_-_Whalley__Simon_-_12546_.pdf-Mr Whalley to buy alcoholic drinks for pupils and that a number of them were underage. ./Web_decision_-_Whalley__Simon_-_12546_.pdf- ./Web_decision_-_Whalley__Simon_-_12546_.pdf-Accordingly, the panel found the particular proved. ./Web_decision_-_Whalley__Simon_-_12546_.pdf- ./Web_decision_-_Whalley__Simon_-_12546_.pdf: c) Discussed sexual matters with a pupil or pupils, on one or more ./Web_decision_-_Whalley__Simon_-_12546_.pdf- occasions, ./Web_decision_-_Whalley__Simon_-_12546_.pdf- ./Web_decision_-_Whalley__Simon_-_12546_.pdf-The panel accepted the evidence of the witnesses that Mr Whalley would frequently talk ./Web_decision_-_Whalley__Simon_-_12546_.pdf:about sexual matters in the company of pupils. It noted in particular the description given ./Web_decision_-_Whalley__Simon_-_12546_.pdf-by Witness A that Mr Whalley was not reluctant to join in with discussions where the ./Web_decision_-_Whalley__Simon_-_12546_.pdf:topics of conversation were in line with the sexual jokes on The Graham Norton Show. ./Web_decision_-_Whalley__Simon_-_12546_.pdf- ./Web_decision_-_Whalley__Simon_-_12546_.pdf-Accordingly, the panel found the particular proved. ./Web_decision_-_Whalley__Simon_-_12546_.pdf- ./Web_decision_-_Whalley__Simon_-_12546_.pdf- d) Allowed a pupil or pupils to consume alcoholic drinks, on one or more ./Web_decision_-_Whalley__Simon_-_12546_.pdf- occasions, ./Web_decision_-_Whalley__Simon_-_12546_.pdf- ./Web_decision_-_Whalley__Simon_-_12546_.pdf-Mr Whalley accepted in his interview with the School that he had provided pupils with ./Web_decision_-_Whalley__Simon_-_12546_.pdf-alcohol when they had come to his flat and has accepted in his representations that he ./Web_decision_-_Whalley__Simon_-_12546_.pdf-gave Witness B alcohol on the night that Witness B and Pupil A stayed at Mr Whalley's ./Web_decision_-_Whalley__Simon_-_12546_.pdf-flat. The panel has already found that Mr Whalley bought alcoholic beverages for pupils -- ./Web_decision_-_Whalley__Simon_-_12546_.pdf: 3. Your actions described at paragraph 1 above were sexually motivated. ./Web_decision_-_Whalley__Simon_-_12546_.pdf- ./Web_decision_-_Whalley__Simon_-_12546_.pdf:Kissing, masturbating, and performing oral sex on Pupil A are activities that are ./Web_decision_-_Whalley__Simon_-_12546_.pdf:inherently sexual in nature and carrying them out could not properly be described as ./Web_decision_-_Whalley__Simon_-_12546_.pdf:anything other than sexually motivated. ./Web_decision_-_Whalley__Simon_-_12546_.pdf- ./Web_decision_-_Whalley__Simon_-_12546_.pdf:However, the panel considered that the sexual acts themselves were the result of a ./Web_decision_-_Whalley__Simon_-_12546_.pdf-process of grooming by Mr Whalley. The panel finds that the increasing closeness of the ./Web_decision_-_Whalley__Simon_-_12546_.pdf-relationship and the crossing of appropriate professional boundaries by Mr Whalley was ./Web_decision_-_Whalley__Simon_-_12546_.pdf:a deliberate and sexually motivated endeavour to engage in a sexual relationship with ./Web_decision_-_Whalley__Simon_-_12546_.pdf-Pupil A. When Pupil A attempted to disengage himself from the relationship, the panel ./Web_decision_-_Whalley__Simon_-_12546_.pdf-accepted Pupil A's evidence that Mr Whalley would become apologetic and then shortly ./Web_decision_-_Whalley__Simon_-_12546_.pdf-after endeavour to resume the relationship. This behaviour was, in the panel's view, ./Web_decision_-_Whalley__Simon_-_12546_.pdf-emotionally manipulative behaviour calculated to maintain Pupil A's emotional attachment ./Web_decision_-_Whalley__Simon_-_12546_.pdf-to Mr Whalley. ./Web_decision_-_Whalley__Simon_-_12546_.pdf- ./Web_decision_-_Whalley__Simon_-_12546_.pdf-Accordingly, the panel find this particular proved. ./Web_decision_-_Whalley__Simon_-_12546_.pdf- ./Web_decision_-_Whalley__Simon_-_12546_.pdf-The panel has found the following particular of the allegation against you not proven, for ./Web_decision_-_Whalley__Simon_-_12546_.pdf-these reasons: -- ./Web_decision_-_Whalley__Simon_-_12546_.pdf-  Teachers must have proper and professional regard for the ethos, policies and ./Web_decision_-_Whalley__Simon_-_12546_.pdf- practices of the school in which they teach... ./Web_decision_-_Whalley__Simon_-_12546_.pdf-  Teachers must have an understanding of, and always act within, the statutory ./Web_decision_-_Whalley__Simon_-_12546_.pdf- frameworks which set out their professional duties and responsibilities. ./Web_decision_-_Whalley__Simon_-_12546_.pdf-The panel is satisfied that the conduct of the teacher fell significantly short of the ./Web_decision_-_Whalley__Simon_-_12546_.pdf-standards expected of the profession. ./Web_decision_-_Whalley__Simon_-_12546_.pdf- ./Web_decision_-_Whalley__Simon_-_12546_.pdf-The panel has also considered whether Mr Whalley's conduct displayed behaviours ./Web_decision_-_Whalley__Simon_-_12546_.pdf-associated with any of the offences listed on pages 8 and 9 of the Advice. ./Web_decision_-_Whalley__Simon_-_12546_.pdf- ./Web_decision_-_Whalley__Simon_-_12546_.pdf:The panel has found that the offences of sexual activity and serious offences involving ./Web_decision_-_Whalley__Simon_-_12546_.pdf-alcohol are relevant. ./Web_decision_-_Whalley__Simon_-_12546_.pdf- ./Web_decision_-_Whalley__Simon_-_12546_.pdf-The Advice indicates that where behaviours associated with such an offence exist, a ./Web_decision_-_Whalley__Simon_-_12546_.pdf-panel is likely to conclude that an individual’s conduct would amount to unacceptable ./Web_decision_-_Whalley__Simon_-_12546_.pdf-professional conduct. ./Web_decision_-_Whalley__Simon_-_12546_.pdf- ./Web_decision_-_Whalley__Simon_-_12546_.pdf-The panel considers that Mr Whalley showed a flagrant disregard for appropriate ./Web_decision_-_Whalley__Simon_-_12546_.pdf-boundaries between teacher and pupils. It was entirely inappropriate for him to permit ./Web_decision_-_Whalley__Simon_-_12546_.pdf-himself to be as friendly with pupils as he did, and in particular to be complicit in ./Web_decision_-_Whalley__Simon_-_12546_.pdf-underage drinking in pubs and bars. ./Web_decision_-_Whalley__Simon_-_12546_.pdf- ./Web_decision_-_Whalley__Simon_-_12546_.pdf:The panel has found that the sexual relationship that developed between him and Pupil A ./Web_decision_-_Whalley__Simon_-_12546_.pdf-was a direct result of the targeted grooming of a young man attempting to come to terms ./Web_decision_-_Whalley__Simon_-_12546_.pdf:with his sexuality. Under the initial pretence of offering pastoral support, Mr Whalley ./Web_decision_-_Whalley__Simon_-_12546_.pdf-utilised his practice of being over-friendly with pupils to enable him to traverse the ./Web_decision_-_Whalley__Simon_-_12546_.pdf-boundary from a normal teacher/pupil relationship, to one which enabled him to engage ./Web_decision_-_Whalley__Simon_-_12546_.pdf:in repeated sexual activity with Pupil A. ./Web_decision_-_Whalley__Simon_-_12546_.pdf- ./Web_decision_-_Whalley__Simon_-_12546_.pdf-The panel noted that the majority of the allegations took place outside of the education ./Web_decision_-_Whalley__Simon_-_12546_.pdf-setting. However, the actions did themselves involve pupils. Pupil A was subjected to an ./Web_decision_-_Whalley__Simon_-_12546_.pdf:emotionally manipulative sexual relationship with a teacher at his school. Other pupils ./Web_decision_-_Whalley__Simon_-_12546_.pdf-had their learning adversely effected by the fact that Mr Whalley's over-friendliness with ./Web_decision_-_Whalley__Simon_-_12546_.pdf-them meant that he was unable to maintain classroom control in school. ./Web_decision_-_Whalley__Simon_-_12546_.pdf- ./Web_decision_-_Whalley__Simon_-_12546_.pdf- ./Web_decision_-_Whalley__Simon_-_12546_.pdf- ./Web_decision_-_Whalley__Simon_-_12546_.pdf- ./Web_decision_-_Whalley__Simon_-_12546_.pdf- 15 ./Web_decision_-_Whalley__Simon_-_12546_.pdf- -- ./Web_decision_-_Whalley__Simon_-_12546_.pdf-measure, and whether it is in the public interest to do so. Prohibition orders should not be ./Web_decision_-_Whalley__Simon_-_12546_.pdf-given in order to be punitive, or to show that blame has been apportioned, although they ./Web_decision_-_Whalley__Simon_-_12546_.pdf-are likely to have punitive effect. ./Web_decision_-_Whalley__Simon_-_12546_.pdf- ./Web_decision_-_Whalley__Simon_-_12546_.pdf-The panel has noted the particular public interest considerations set out in the Advice ./Web_decision_-_Whalley__Simon_-_12546_.pdf-and having done so has found a number of them to be relevant in this case, namely: the ./Web_decision_-_Whalley__Simon_-_12546_.pdf-protection of pupils, the maintenance of public confidence in the profession, and ./Web_decision_-_Whalley__Simon_-_12546_.pdf-declaring and upholding proper standards of conduct. ./Web_decision_-_Whalley__Simon_-_12546_.pdf- ./Web_decision_-_Whalley__Simon_-_12546_.pdf-In light of the panel’s findings against Mr Whalley, which involved significant breaches of ./Web_decision_-_Whalley__Simon_-_12546_.pdf:appropriate professional boundaries, and grooming and having sexual contact with a ./Web_decision_-_Whalley__Simon_-_12546_.pdf-pupil, there is a strong public interest consideration in respect of the protection of pupils, ./Web_decision_-_Whalley__Simon_-_12546_.pdf-given the serious findings of inappropriate relationship with a pupil. ./Web_decision_-_Whalley__Simon_-_12546_.pdf- ./Web_decision_-_Whalley__Simon_-_12546_.pdf-Similarly, the panel considers that public confidence in the profession could be seriously ./Web_decision_-_Whalley__Simon_-_12546_.pdf-weakened if conduct such as that found against Mr Whalley were not treated with the ./Web_decision_-_Whalley__Simon_-_12546_.pdf-utmost seriousness when regulating the conduct of the profession. ./Web_decision_-_Whalley__Simon_-_12546_.pdf- ./Web_decision_-_Whalley__Simon_-_12546_.pdf- ./Web_decision_-_Whalley__Simon_-_12546_.pdf- ./Web_decision_-_Whalley__Simon_-_12546_.pdf- -- ./Web_decision_-_Whalley__Simon_-_12546_.pdf-order may be appropriate if certain behaviours of a teacher have been proven. In the list ./Web_decision_-_Whalley__Simon_-_12546_.pdf-of such behaviours, those that are relevant in this case are: ./Web_decision_-_Whalley__Simon_-_12546_.pdf- ./Web_decision_-_Whalley__Simon_-_12546_.pdf-  serious departure from the personal and professional conduct elements of the ./Web_decision_-_Whalley__Simon_-_12546_.pdf- Teachers’ Standards; ./Web_decision_-_Whalley__Simon_-_12546_.pdf-  misconduct seriously affecting the education and/or well-being of pupils, and ./Web_decision_-_Whalley__Simon_-_12546_.pdf- particularly where there is a continuing risk; ./Web_decision_-_Whalley__Simon_-_12546_.pdf-  a deep-seated attitude that leads to harmful behaviour; ./Web_decision_-_Whalley__Simon_-_12546_.pdf-  abuse of position or trust (particularly involving vulnerable pupils) or violation of the ./Web_decision_-_Whalley__Simon_-_12546_.pdf- rights of pupils; ./Web_decision_-_Whalley__Simon_-_12546_.pdf:  sexual misconduct, e.g. involving actions that were sexually motivated or of a ./Web_decision_-_Whalley__Simon_-_12546_.pdf: sexual nature and/or that use or exploit the trust, knowledge or influence derived ./Web_decision_-_Whalley__Simon_-_12546_.pdf- from the individual’s professional position; ./Web_decision_-_Whalley__Simon_-_12546_.pdf-Even though there were behaviours that would point to a prohibition order being ./Web_decision_-_Whalley__Simon_-_12546_.pdf-appropriate, the panel went on to consider whether or not there were sufficient mitigating ./Web_decision_-_Whalley__Simon_-_12546_.pdf-factors to militate against a prohibition order being an appropriate and proportionate ./Web_decision_-_Whalley__Simon_-_12546_.pdf-measure to impose, particularly taking into account the nature and severity of the ./Web_decision_-_Whalley__Simon_-_12546_.pdf-behaviour in this case. In light of the panel’s findings, the panel considered that the only ./Web_decision_-_Whalley__Simon_-_12546_.pdf-mitigating factor referred to in the Advice which is present in this case was that Mr ./Web_decision_-_Whalley__Simon_-_12546_.pdf-Whalley has a previous good history. ./Web_decision_-_Whalley__Simon_-_12546_.pdf- ./Web_decision_-_Whalley__Simon_-_12546_.pdf-There was no evidence that the teacher’s actions were not deliberate. -- ./Web_decision_-_Whalley__Simon_-_12546_.pdf-of trust. He took advantage of his position as a well-liked and popular teacher within the ./Web_decision_-_Whalley__Simon_-_12546_.pdf-school to get close to a pupil who was in an emotionally vulnerable stage of his life. He ./Web_decision_-_Whalley__Simon_-_12546_.pdf:did so, the panel has concluded, with aim of pursuing a covert sexual relationship with ./Web_decision_-_Whalley__Simon_-_12546_.pdf-Pupil A. Mr Whalley demonstrated a pattern of behaviour which involved breaking down ./Web_decision_-_Whalley__Simon_-_12546_.pdf-the professional boundaries between him and his pupils, in particular by regularly ./Web_decision_-_Whalley__Simon_-_12546_.pdf-socialising with them in an inappropriate manner. These behaviours are fundamentally ./Web_decision_-_Whalley__Simon_-_12546_.pdf-incompatible with remaining a teacher. ./Web_decision_-_Whalley__Simon_-_12546_.pdf- ./Web_decision_-_Whalley__Simon_-_12546_.pdf-The panel was not persuaded that Mr Whalley's representations evidenced any insight ./Web_decision_-_Whalley__Simon_-_12546_.pdf-into the unacceptable nature of his conduct. Indeed, taking his responses in the ./Web_decision_-_Whalley__Simon_-_12546_.pdf-investigatory interview carried out by the School and his representations together, the ./Web_decision_-_Whalley__Simon_-_12546_.pdf-panel concluded that Mr Whalley has a deep-seated attitudinal problem and would be a ./Web_decision_-_Whalley__Simon_-_12546_.pdf-risk to pupils were he to be allowed to return to teaching. -- ./Web_decision_-_Whalley__Simon_-_12546_.pdf-prohibition order should be imposed with immediate effect. ./Web_decision_-_Whalley__Simon_-_12546_.pdf- ./Web_decision_-_Whalley__Simon_-_12546_.pdf-The panel went on to consider whether or not it would be appropriate for them to decide ./Web_decision_-_Whalley__Simon_-_12546_.pdf-to recommend that a review period of the order should be considered. The panel was ./Web_decision_-_Whalley__Simon_-_12546_.pdf-mindful that the Advice advises that a prohibition order applies for life, but there may be ./Web_decision_-_Whalley__Simon_-_12546_.pdf-circumstances in any given case that may make it appropriate to allow a teacher to apply ./Web_decision_-_Whalley__Simon_-_12546_.pdf-to have the prohibition order reviewed after a specified period of time that may not be ./Web_decision_-_Whalley__Simon_-_12546_.pdf-less than 2 years. ./Web_decision_-_Whalley__Simon_-_12546_.pdf- ./Web_decision_-_Whalley__Simon_-_12546_.pdf-The Advice indicates that there are behaviours that, if proven, would militate against a ./Web_decision_-_Whalley__Simon_-_12546_.pdf:review period being recommended. These behaviours include serious sexual ./Web_decision_-_Whalley__Simon_-_12546_.pdf:misconduct, e.g. where the act was sexually motivated and resulted in or had the ./Web_decision_-_Whalley__Simon_-_12546_.pdf-potential to result in, harm to a person or persons, particularly where the individual has ./Web_decision_-_Whalley__Simon_-_12546_.pdf-used their professional position to influence or exploit a person or persons. ./Web_decision_-_Whalley__Simon_-_12546_.pdf- ./Web_decision_-_Whalley__Simon_-_12546_.pdf-The panel considered that its findings were so serious that, coupled with Mr Whalley's ./Web_decision_-_Whalley__Simon_-_12546_.pdf-lack of insight, it would be manifestly inappropriate to recommend to the Secretary of ./Web_decision_-_Whalley__Simon_-_12546_.pdf-State that a review period would be appropriate. To do so would fail to mark adequately ./Web_decision_-_Whalley__Simon_-_12546_.pdf-the gravity of the conduct of Mr Whalley and fail to acknowledge the evidence that Mr ./Web_decision_-_Whalley__Simon_-_12546_.pdf-Whalley is likely to pose an on-going risk to pupils were he ever permitted to return to ./Web_decision_-_Whalley__Simon_-_12546_.pdf-teaching. ./Web_decision_-_Whalley__Simon_-_12546_.pdf- -- ./Web_decision_-_Whalley__Simon_-_12546_.pdf-account the nature and severity of the behaviour in this case. There was no evidence that ./Web_decision_-_Whalley__Simon_-_12546_.pdf-Mr Whalley’s actions were not deliberate or that he was acting under duress. In fact, the ./Web_decision_-_Whalley__Simon_-_12546_.pdf-panel found Mr Whalley’s actions to be calculated and motivated. The panel noted that ./Web_decision_-_Whalley__Simon_-_12546_.pdf-Mr Whalley has made some expressions of remorse for some of the conduct alleged. I ./Web_decision_-_Whalley__Simon_-_12546_.pdf-note that the panel were not persuaded however, that Mr Whalley evidenced any insight ./Web_decision_-_Whalley__Simon_-_12546_.pdf-into the unacceptable nature of his conduct, and concluded that Mr Whalley has a deep ./Web_decision_-_Whalley__Simon_-_12546_.pdf-seated attitudinal problem and would be a risk to pupils were he be allowed to return to ./Web_decision_-_Whalley__Simon_-_12546_.pdf-teaching. The panel decided that the public interest considerations outweighed the ./Web_decision_-_Whalley__Simon_-_12546_.pdf-interests of Mr Whalley. ./Web_decision_-_Whalley__Simon_-_12546_.pdf- ./Web_decision_-_Whalley__Simon_-_12546_.pdf:For the reasons set out, I support the view of the panel that the sexual nature of Mr ./Web_decision_-_Whalley__Simon_-_12546_.pdf-Whalley’s conduct means prohibition is both proportionate and necessary. ./Web_decision_-_Whalley__Simon_-_12546_.pdf- ./Web_decision_-_Whalley__Simon_-_12546_.pdf-I have considered the matter of a review period. I agree with the panel that Mr Whalley’s ./Web_decision_-_Whalley__Simon_-_12546_.pdf:sexual misconduct was so serious, coupled with his lack of insight, that he is likely to ./Web_decision_-_Whalley__Simon_-_12546_.pdf-pose an on-going risk to pupils if he were permitted to return to teaching. ./Web_decision_-_Whalley__Simon_-_12546_.pdf- ./Web_decision_-_Whalley__Simon_-_12546_.pdf-I agree with the panel, that the prohibition order be recommended without provision for a ./Web_decision_-_Whalley__Simon_-_12546_.pdf-review period. ./Web_decision_-_Whalley__Simon_-_12546_.pdf- ./Web_decision_-_Whalley__Simon_-_12546_.pdf-This means that Mr Simon Richard Whalley is prohibited from teaching indefinitely ./Web_decision_-_Whalley__Simon_-_12546_.pdf-and cannot teach in any school, sixth form college, relevant youth accommodation ./Web_decision_-_Whalley__Simon_-_12546_.pdf-or children’s home in England. Furthermore, in view of the seriousness of the ./Web_decision_-_Whalley__Simon_-_12546_.pdf- ./Web_decision_-_Whalley__Simon_-_12546_.pdf- ./Web_decision_Campbell_Edward.pdf-maintain proper boundaries. There was a clear disregard for safeguarding pupil A's well- ./Web_decision_Campbell_Edward.pdf-being. The panel notes that Mr Campbell was fully aware that Pupil A had difficulties in ./Web_decision_Campbell_Edward.pdf-relating to her peers and mixing with her fellow pupils. He knew this because she had ./Web_decision_Campbell_Edward.pdf-sought assistance from him with these issues. ./Web_decision_Campbell_Edward.pdf- ./Web_decision_Campbell_Edward.pdf-The panel is satisfied that the conduct of Mr Campbell fell significantly short of the ./Web_decision_Campbell_Edward.pdf-standards expected of the profession. ./Web_decision_Campbell_Edward.pdf- ./Web_decision_Campbell_Edward.pdf-The panel has also considered whether Mr Campbell's conduct displayed behaviours ./Web_decision_Campbell_Edward.pdf-associated with any of the offences listed on pages 8 and 9 of the Advice and the panel ./Web_decision_Campbell_Edward.pdf:has found that the offence of sexual activity is relevant. ./Web_decision_Campbell_Edward.pdf- ./Web_decision_Campbell_Edward.pdf-The Advice indicates that where behaviours associated with such an offence exist, a ./Web_decision_Campbell_Edward.pdf-panel is likely to conclude that an individual’s conduct would amount to unacceptable ./Web_decision_Campbell_Edward.pdf-professional conduct. Accordingly, the panel is satisfied that Mr Campbell is guilty of ./Web_decision_Campbell_Edward.pdf-unacceptable professional conduct. ./Web_decision_Campbell_Edward.pdf- ./Web_decision_Campbell_Edward.pdf-The panel also considered the allegation of conduct that may bring the profession into ./Web_decision_Campbell_Edward.pdf-disrepute. The panel has taken into account how the teaching profession is viewed by ./Web_decision_Campbell_Edward.pdf-others and considered the influence that teachers may have on pupils, parents and ./Web_decision_Campbell_Edward.pdf-others in the community. The panel has taken account of the uniquely influential role that -- ./Web_decision_Campbell_Edward.pdf-In carrying out the balancing exercise the panel has looked at the public interest ./Web_decision_Campbell_Edward.pdf-considerations both in favour of and against prohibition as well as the interests of Mr ./Web_decision_Campbell_Edward.pdf-Campbell. The panel took further account of the Advice, which suggests that a prohibition ./Web_decision_Campbell_Edward.pdf-order may be appropriate if certain behaviours of a teacher have been proven. In the list ./Web_decision_Campbell_Edward.pdf-of such behaviours, those that are relevant in this case are: ./Web_decision_Campbell_Edward.pdf- ./Web_decision_Campbell_Edward.pdf-  serious departure from the personal and professional conduct elements of the ./Web_decision_Campbell_Edward.pdf- Teachers’ Standards; ./Web_decision_Campbell_Edward.pdf-  abuse of position or trust (particularly involving vulnerable pupils) or violation of the ./Web_decision_Campbell_Edward.pdf- rights of pupils; ./Web_decision_Campbell_Edward.pdf:  sexual misconduct, eg involving actions that were sexually motivated or of a ./Web_decision_Campbell_Edward.pdf: sexual nature and/or that use or exploit the trust, knowledge or influence derived ./Web_decision_Campbell_Edward.pdf- from the individual’s professional position; ./Web_decision_Campbell_Edward.pdf-  the commission of a serious criminal offence, including those that resulted in a ./Web_decision_Campbell_Edward.pdf- conviction or caution, paying particular attention to offences that are ‘relevant ./Web_decision_Campbell_Edward.pdf- matters’ for the purposes of The Police Act 1997 and criminal record disclosures. ./Web_decision_Campbell_Edward.pdf-Even though there were behaviours that would point to a prohibition order being ./Web_decision_Campbell_Edward.pdf-appropriate, the panel went on to consider whether or not there were sufficient mitigating ./Web_decision_Campbell_Edward.pdf-factors to militate against a prohibition order being an appropriate and proportionate ./Web_decision_Campbell_Edward.pdf-measure to impose, particularly taking into account the nature and severity of the ./Web_decision_Campbell_Edward.pdf-behaviour in this case. ./Web_decision_Campbell_Edward.pdf- -- ./Web_decision_Campbell_Edward.pdf-to have the prohibition order reviewed after a specified period of time that may not be ./Web_decision_Campbell_Edward.pdf-less than 2 years. ./Web_decision_Campbell_Edward.pdf- ./Web_decision_Campbell_Edward.pdf-The Advice indicates that there are behaviours that, if proven, would militate against a ./Web_decision_Campbell_Edward.pdf:review period being recommended. One of these behaviours includes serious sexual ./Web_decision_Campbell_Edward.pdf-misconduct. The panel has found that Mr Campbell has admitted kissing a former pupil in ./Web_decision_Campbell_Edward.pdf-December 2001. This resulted in him accepting a caution for indecent assault in January ./Web_decision_Campbell_Edward.pdf-2015. ./Web_decision_Campbell_Edward.pdf- ./Web_decision_Campbell_Edward.pdf-The panel notes that Mr Campbell recognised that his actions were wrong and fell well ./Web_decision_Campbell_Edward.pdf-below the expected standards. The panel has no evidence that he has demonstrated ./Web_decision_Campbell_Edward.pdf-insight into his behaviour, particularly in relation to the potential harm caused or ./Web_decision_Campbell_Edward.pdf-vulnerability of the pupil. However the panel believes that a review period would allow ./Web_decision_Campbell_Edward.pdf-him time to reflect on the consequences of his conduct. ./Web_decision_Campbell_Edward.pdf- -- ./Web_decision_Campbell_Edward.pdf-The panel has decided that the public interest considerations outweigh the interests of Mr ./Web_decision_Campbell_Edward.pdf-Campbell. The panel is of the view that prohibition is both proportionate and appropriate. ./Web_decision_Campbell_Edward.pdf- ./Web_decision_Campbell_Edward.pdf-For the reasons set out above, I agree with the panel’s view that prohibition is both ./Web_decision_Campbell_Edward.pdf-proportionate and appropriate. ./Web_decision_Campbell_Edward.pdf- ./Web_decision_Campbell_Edward.pdf-I now turn to the matter of a review period. ./Web_decision_Campbell_Edward.pdf- ./Web_decision_Campbell_Edward.pdf-I note that the panel have considered the Advice, which indicates that there are ./Web_decision_Campbell_Edward.pdf-behaviours that, if proven, would militate against a review period being recommended. ./Web_decision_Campbell_Edward.pdf:One of these behaviours includes serious sexual misconduct. The panel has found that ./Web_decision_Campbell_Edward.pdf-Mr Campbell has admitted kissing a former pupil in December 2001. This resulted in him ./Web_decision_Campbell_Edward.pdf-accepting a caution for indecent assault in January 2015. ./Web_decision_Campbell_Edward.pdf- ./Web_decision_Campbell_Edward.pdf-The panel notes that Mr Campbell recognised that his actions were wrong and fell well ./Web_decision_Campbell_Edward.pdf-below the expected standards. However I note that the panel believes that a review ./Web_decision_Campbell_Edward.pdf-period would allow him time to reflect on the consequences of his conduct. ./Web_decision_Campbell_Edward.pdf- ./Web_decision_Campbell_Edward.pdf-I agree with the panel’s view that an appropriate period of any review would be three ./Web_decision_Campbell_Edward.pdf-years. ./Web_decision_Campbell_Edward.pdf- ./Web_Decision_CONROY_Anthony.pdf- vii. Called her a "silly bitch" for missing her flight; ./Web_Decision_CONROY_Anthony.pdf- ./Web_Decision_CONROY_Anthony.pdf- viii. That he "fuckin bollocked her"; ./Web_Decision_CONROY_Anthony.pdf- ./Web_Decision_CONROY_Anthony.pdf- ix. Called her a "high maintenance diva"; ./Web_Decision_CONROY_Anthony.pdf- ./Web_Decision_CONROY_Anthony.pdf- x. Said "she comes for a week and packs for a fuckin fortnight"; ./Web_Decision_CONROY_Anthony.pdf- ./Web_Decision_CONROY_Anthony.pdf-l. How gay men are attracted to him; ./Web_Decision_CONROY_Anthony.pdf- ./Web_Decision_CONROY_Anthony.pdf:m. Referred to one or more gay and/or bisexual people as: ./Web_Decision_CONROY_Anthony.pdf- ./Web_Decision_CONROY_Anthony.pdf- i. "gaybois"; ./Web_Decision_CONROY_Anthony.pdf- ./Web_Decision_CONROY_Anthony.pdf- ii. "bois"; ./Web_Decision_CONROY_Anthony.pdf- ./Web_Decision_CONROY_Anthony.pdf- iii. "bi bois"; ./Web_Decision_CONROY_Anthony.pdf- ./Web_Decision_CONROY_Anthony.pdf- iv. "femme gayer"; ./Web_Decision_CONROY_Anthony.pdf- ./Web_Decision_CONROY_Anthony.pdf-n. Described straight men as "real men"; ./Web_Decision_CONROY_Anthony.pdf- ./Web_Decision_CONROY_Anthony.pdf:o. Discussed the sexuality of one or more students; ./Web_Decision_CONROY_Anthony.pdf- ./Web_Decision_CONROY_Anthony.pdf:p. Requested information on the sexuality of one or more students; ./Web_Decision_CONROY_Anthony.pdf- ./Web_Decision_CONROY_Anthony.pdf:q. Disclosed the sexuality of one or more members of staff; ./Web_Decision_CONROY_Anthony.pdf- ./Web_Decision_CONROY_Anthony.pdf-r. Discussed the personality of one or more members of staff; ./Web_Decision_CONROY_Anthony.pdf- ./Web_Decision_CONROY_Anthony.pdf- 5 ./Web_Decision_CONROY_Anthony.pdf- -- ./Web_Decision_CONROY_Anthony.pdf-2. Added and/or accepted as friends on Facebook: ./Web_Decision_CONROY_Anthony.pdf- ./Web_Decision_CONROY_Anthony.pdf-a. one or more students; ./Web_Decision_CONROY_Anthony.pdf- ./Web_Decision_CONROY_Anthony.pdf-b. one or more ex- students; ./Web_Decision_CONROY_Anthony.pdf- ./Web_Decision_CONROY_Anthony.pdf-3. His conduct in respect to allegation 1 was inappropriate in that he: ./Web_Decision_CONROY_Anthony.pdf- ./Web_Decision_CONROY_Anthony.pdf:a. Used sexualised language; ./Web_Decision_CONROY_Anthony.pdf- ./Web_Decision_CONROY_Anthony.pdf-b. Disclosed personal information to one or more students for whom he was in a ./Web_Decision_CONROY_Anthony.pdf-position of trust; ./Web_Decision_CONROY_Anthony.pdf- ./Web_Decision_CONROY_Anthony.pdf-c. Sought personal information about one or more students for whom he was in a ./Web_Decision_CONROY_Anthony.pdf-position of trust. ./Web_Decision_CONROY_Anthony.pdf- ./Web_Decision_CONROY_Anthony.pdf-In the absence of a response to the Notice of Proceedings from Mr Conroy the ./Web_Decision_CONROY_Anthony.pdf-allegations were taken to have not been admitted. ./Web_Decision_CONROY_Anthony.pdf- -- ./Web_Decision_CONROY_Anthony.pdf-Page 107 ./Web_Decision_CONROY_Anthony.pdf- ./Web_Decision_CONROY_Anthony.pdf- x. Said "she comes for a week and packs for a fuckin fortnight"; ./Web_Decision_CONROY_Anthony.pdf- ./Web_Decision_CONROY_Anthony.pdf-Page 107 ./Web_Decision_CONROY_Anthony.pdf- ./Web_Decision_CONROY_Anthony.pdf-l. How gay men are attracted to him; ./Web_Decision_CONROY_Anthony.pdf- ./Web_Decision_CONROY_Anthony.pdf-Page 93 ./Web_Decision_CONROY_Anthony.pdf- ./Web_Decision_CONROY_Anthony.pdf:m. Referred to one or more gay and/or bisexual people as: ./Web_Decision_CONROY_Anthony.pdf- ./Web_Decision_CONROY_Anthony.pdf- i. "gaybois"; ./Web_Decision_CONROY_Anthony.pdf- ./Web_Decision_CONROY_Anthony.pdf-Page 93 ./Web_Decision_CONROY_Anthony.pdf- ./Web_Decision_CONROY_Anthony.pdf- ii. "bois"; ./Web_Decision_CONROY_Anthony.pdf- ./Web_Decision_CONROY_Anthony.pdf-Page 95 ./Web_Decision_CONROY_Anthony.pdf- ./Web_Decision_CONROY_Anthony.pdf- iii. "bi bois"; -- ./Web_Decision_CONROY_Anthony.pdf-Page 104 ./Web_Decision_CONROY_Anthony.pdf- ./Web_Decision_CONROY_Anthony.pdf:o. Discussed the sexuality of one or more students; ./Web_Decision_CONROY_Anthony.pdf- ./Web_Decision_CONROY_Anthony.pdf-Page 96 ./Web_Decision_CONROY_Anthony.pdf- ./Web_Decision_CONROY_Anthony.pdf:p. Requested information on the sexuality of one or more students; ./Web_Decision_CONROY_Anthony.pdf- ./Web_Decision_CONROY_Anthony.pdf-Page 96 ./Web_Decision_CONROY_Anthony.pdf- ./Web_Decision_CONROY_Anthony.pdf:q. Disclosed the sexuality of one or more members of staff; ./Web_Decision_CONROY_Anthony.pdf- ./Web_Decision_CONROY_Anthony.pdf-Page 97 ./Web_Decision_CONROY_Anthony.pdf- ./Web_Decision_CONROY_Anthony.pdf-r. Discussed the personality of one or more members of staff; ./Web_Decision_CONROY_Anthony.pdf- ./Web_Decision_CONROY_Anthony.pdf-Page 97 ./Web_Decision_CONROY_Anthony.pdf- ./Web_Decision_CONROY_Anthony.pdf-2. Added and/or accepted as friends on Facebook: ./Web_Decision_CONROY_Anthony.pdf- ./Web_Decision_CONROY_Anthony.pdf-a. one or more students; -- ./Web_Decision_CONROY_Anthony.pdf-3. His conduct in respect to allegation 1 was inappropriate in that he: ./Web_Decision_CONROY_Anthony.pdf- ./Web_Decision_CONROY_Anthony.pdf:a. Used sexualised language; ./Web_Decision_CONROY_Anthony.pdf- ./Web_Decision_CONROY_Anthony.pdf-The content of the Facebook transcripts allows no other conclusion since it contains ./Web_Decision_CONROY_Anthony.pdf:references to oral sex, fake boobs, gay persons and sexuality of both staff and some ./Web_Decision_CONROY_Anthony.pdf-pupils. This particular is proved. ./Web_Decision_CONROY_Anthony.pdf- ./Web_Decision_CONROY_Anthony.pdf-b. Disclosed personal information to one or more students for whom he was in a ./Web_Decision_CONROY_Anthony.pdf-position of trust; ./Web_Decision_CONROY_Anthony.pdf- ./Web_Decision_CONROY_Anthony.pdf-This particular is proved in relation to the disclosures made during the Facebook ./Web_Decision_CONROY_Anthony.pdf:conversations about the sexuality of a staff colleague and the very personal details of Mr ./Web_Decision_CONROY_Anthony.pdf-Conroy's relationship with his then girlfriend as set out under particulars 1 (k) (i) to (x). ./Web_Decision_CONROY_Anthony.pdf- ./Web_Decision_CONROY_Anthony.pdf-c. Sought personal information about one or more students for whom he was in a ./Web_Decision_CONROY_Anthony.pdf-position of trust. ./Web_Decision_CONROY_Anthony.pdf- ./Web_Decision_CONROY_Anthony.pdf-This particular is established in relation to Mr Conroy's questions to Pupil B about the ./Web_Decision_CONROY_Anthony.pdf:sexuality of members of her year group as recorded in the Facebook transcripts. ./Web_Decision_CONROY_Anthony.pdf- ./Web_Decision_CONROY_Anthony.pdf-Findings as to unacceptable professional conduct and/or conduct that ./Web_Decision_CONROY_Anthony.pdf-may bring the profession into disrepute ./Web_Decision_CONROY_Anthony.pdf-Having found all of the allegations to have been proved, the panel has gone on to ./Web_Decision_CONROY_Anthony.pdf-consider whether the facts of those proved allegations amount to unacceptable ./Web_Decision_CONROY_Anthony.pdf-professional conduct and/or conduct that may bring the profession into disrepute. ./Web_Decision_CONROY_Anthony.pdf- ./Web_Decision_CONROY_Anthony.pdf-In doing so, the panel has had regard to the document Teacher Misconduct: The ./Web_Decision_CONROY_Anthony.pdf-Prohibition of Teachers, which the panel refers to as “the Advice”. ./Web_Decision_CONROY_Anthony.pdf- -- ./Web_Decision_CONROY_Anthony.pdf-  Teachers must have an understanding of, and always act within, the statutory ./Web_Decision_CONROY_Anthony.pdf- frameworks which set out their professional duties and responsibilities. ./Web_Decision_CONROY_Anthony.pdf-Thus the panel is satisfied that the conduct of the teacher fell significantly short of the ./Web_Decision_CONROY_Anthony.pdf-standards expected of the profession. ./Web_Decision_CONROY_Anthony.pdf- ./Web_Decision_CONROY_Anthony.pdf-The panel has also considered whether Mr Conroy's conduct displayed behaviours ./Web_Decision_CONROY_Anthony.pdf-associated with any of the offences listed on pages 8 and 9 of the Advice. ./Web_Decision_CONROY_Anthony.pdf- ./Web_Decision_CONROY_Anthony.pdf:The panel has found that the offence of intolerance of sexual orientation is relevant. ./Web_Decision_CONROY_Anthony.pdf- ./Web_Decision_CONROY_Anthony.pdf-The Advice indicates that where behaviours associated with such an offence exist, a ./Web_Decision_CONROY_Anthony.pdf-panel is likely to conclude that an individual’s conduct would amount to unacceptable ./Web_Decision_CONROY_Anthony.pdf-professional conduct. ./Web_Decision_CONROY_Anthony.pdf- ./Web_Decision_CONROY_Anthony.pdf-The panel is satisfied that Mr Conroy is guilty of unacceptable professional conduct being ./Web_Decision_CONROY_Anthony.pdf-misconduct of a serious nature falling significantly short of the standards of conduct ./Web_Decision_CONROY_Anthony.pdf-expected of a teacher - as evidenced by his failure to comply with fundamental ./Web_Decision_CONROY_Anthony.pdf-safeguarding principles despite having received training at the school. The panel noted in ./Web_Decision_CONROY_Anthony.pdf-particular the effect that Mr Conroy's unwelcome behaviour had on Pupils A and B who -- ./Web_Decision_CONROY_Anthony.pdf-others and considered the influence that teachers may have on pupils, parents and ./Web_Decision_CONROY_Anthony.pdf-others in the community. The panel has taken account of the uniquely influential role that ./Web_Decision_CONROY_Anthony.pdf-teachers can hold in pupils’ lives and that pupils must be able to view teachers as role ./Web_Decision_CONROY_Anthony.pdf-models in the way they behave. ./Web_Decision_CONROY_Anthony.pdf- ./Web_Decision_CONROY_Anthony.pdf-The findings of misconduct are serious and the conduct displayed would likely have a ./Web_Decision_CONROY_Anthony.pdf-negative impact on the individual’s status as a teacher. The public rightly expects ./Web_Decision_CONROY_Anthony.pdf-teachers to behave as role models and by his flagrant breach of the professional ./Web_Decision_CONROY_Anthony.pdf-boundaries which he should have observed the panel judges that Mr Conroy has ./Web_Decision_CONROY_Anthony.pdf-damaged the collective reputation of the profession. The serious nature of his conduct is ./Web_Decision_CONROY_Anthony.pdf:further aggravated by the age of the pupils involved, the sexualised and graphic ./Web_Decision_CONROY_Anthony.pdf-language deployed, his intolerance of gay people and the breach of trust disclosed by ./Web_Decision_CONROY_Anthony.pdf-this case. ./Web_Decision_CONROY_Anthony.pdf- ./Web_Decision_CONROY_Anthony.pdf-The panel therefore finds that the teacher’s actions also constitute conduct that may ./Web_Decision_CONROY_Anthony.pdf-bring the profession into disrepute. ./Web_Decision_CONROY_Anthony.pdf- ./Web_Decision_CONROY_Anthony.pdf- ./Web_Decision_CONROY_Anthony.pdf- ./Web_Decision_CONROY_Anthony.pdf- ./Web_Decision_CONROY_Anthony.pdf- 15 -- ./Web_Decision_CONROY_Anthony.pdf- ./Web_Decision_CONROY_Anthony.pdf-The panel went on to consider whether or not it would be appropriate to decide to ./Web_Decision_CONROY_Anthony.pdf-recommend that a review period of the order should be recommended. The panel was ./Web_Decision_CONROY_Anthony.pdf-mindful that the Advice advises that a prohibition order applies for life, but there may be ./Web_Decision_CONROY_Anthony.pdf-circumstances in any given case that may make it appropriate to allow a teacher to apply ./Web_Decision_CONROY_Anthony.pdf-to have the prohibition order reviewed after a specified period of time that may not be ./Web_Decision_CONROY_Anthony.pdf-less than 2 years. ./Web_Decision_CONROY_Anthony.pdf- ./Web_Decision_CONROY_Anthony.pdf-The Advice indicates that there are behaviours that, if proven, would militate against a ./Web_Decision_CONROY_Anthony.pdf-review period being recommended. One of these behaviours includes intolerance on the ./Web_Decision_CONROY_Anthony.pdf:grounds of sexual orientation. The panel has found that the teacher has been responsible ./Web_Decision_CONROY_Anthony.pdf-for making some unacceptable remarks about gay persons but the panel judges that ./Web_Decision_CONROY_Anthony.pdf-those remarks, in the circumstances and context in which they were made, are not so ./Web_Decision_CONROY_Anthony.pdf-extreme as to exclude the possibility of a review period being allowed in this case. In ./Web_Decision_CONROY_Anthony.pdf-making this judgement the panel has given weight to the teacher's previous record and ./Web_Decision_CONROY_Anthony.pdf-his candid acknowledgement throughout the school's investigation and the disciplinary ./Web_Decision_CONROY_Anthony.pdf-hearing that his conduct had been inappropriate and unacceptable. ./Web_Decision_CONROY_Anthony.pdf- ./Web_Decision_CONROY_Anthony.pdf-The panel felt the findings indicated a situation in which a review period would be ./Web_Decision_CONROY_Anthony.pdf-appropriate and as such decided that it would be proportionate in all the circumstances ./Web_Decision_CONROY_Anthony.pdf-for the prohibition order to be recommended with a review period of five years. -- ./Web_Decision_CONROY_Anthony.pdf-personalisation of many of the comments and the intolerance towards gay people are ./Web_Decision_CONROY_Anthony.pdf-significant factors in forming that opinion. I agree with the panel’s view. ./Web_Decision_CONROY_Anthony.pdf- ./Web_Decision_CONROY_Anthony.pdf-Taking all of the facts into account I support the recommendation of the panel that Mr ./Web_Decision_CONROY_Anthony.pdf-Conroy be prohibited. This seems to me to be proportionate and appropriate. ./Web_Decision_CONROY_Anthony.pdf- ./Web_Decision_CONROY_Anthony.pdf-I have also considered the matter of a review period. I have noted that the panel has ./Web_Decision_CONROY_Anthony.pdf-given weight to the teachers’ previous record and his candid acknowledgement ./Web_Decision_CONROY_Anthony.pdf-throughout the school’s investigation and the disciplinary hearing that his conduct has ./Web_Decision_CONROY_Anthony.pdf-been inappropriate and unacceptable. However I have also given careful consideration to ./Web_Decision_CONROY_Anthony.pdf:the language used by Mr Conroy which is offensive, sexual, derogatory and intolerant. ./Web_Decision_CONROY_Anthony.pdf-The serious nature of his conduct is further aggravated by the age of the pupils involved, ./Web_Decision_CONROY_Anthony.pdf-his intolerance of gay people and the breach of trust disclosed by this case. ./Web_Decision_CONROY_Anthony.pdf- ./Web_Decision_CONROY_Anthony.pdf-The panel has recommended a review period of 5 years. For the reasons set out above, I ./Web_Decision_CONROY_Anthony.pdf-disagree with the panel’s recommendation that a review period is appropriate. ./Web_Decision_CONROY_Anthony.pdf- ./Web_Decision_CONROY_Anthony.pdf- ./Web_Decision_CONROY_Anthony.pdf- ./Web_Decision_CONROY_Anthony.pdf- ./Web_Decision_CONROY_Anthony.pdf- 19 ./web_decision_David_Archer.pdf- v. lie together under a tree ./web_decision_David_Archer.pdf- ./web_decision_David_Archer.pdf- b. gave her a gift; ./web_decision_David_Archer.pdf- ./web_decision_David_Archer.pdf- c. sent inappropriate e-mails to her including: ./web_decision_David_Archer.pdf- ./web_decision_David_Archer.pdf- i. calling her “sweetie”; ./web_decision_David_Archer.pdf- ./web_decision_David_Archer.pdf- ii. telling her he loved her; ./web_decision_David_Archer.pdf- ./web_decision_David_Archer.pdf: iii. discussion of a sexual nature; ./web_decision_David_Archer.pdf- ./web_decision_David_Archer.pdf: iv. discussion of having sexual intercourse with her; ./web_decision_David_Archer.pdf- ./web_decision_David_Archer.pdf- v. one or more romantic poems he had written for her; ./web_decision_David_Archer.pdf- ./web_decision_David_Archer.pdf: vi. one or more poems of a sexual nature he had written for her. ./web_decision_David_Archer.pdf- ./web_decision_David_Archer.pdf- d. Sent inappropriate direct messages to her including: ./web_decision_David_Archer.pdf- ./web_decision_David_Archer.pdf- i. telling her he loved her; ./web_decision_David_Archer.pdf- ./web_decision_David_Archer.pdf- ii. sending her kisses (“xxx”) ./web_decision_David_Archer.pdf- ./web_decision_David_Archer.pdf: e. engaged in sexual activity with her. ./web_decision_David_Archer.pdf- ./web_decision_David_Archer.pdf- 2. He continued to meet with Pupil A outside of school contrary to a direct ./web_decision_David_Archer.pdf- management instruction not to do so issued in or around October 2010. ./web_decision_David_Archer.pdf- ./web_decision_David_Archer.pdf- ./web_decision_David_Archer.pdf- 4 ./web_decision_David_Archer.pdf- -- ./web_decision_David_Archer.pdf- ./web_decision_David_Archer.pdf- b. taken Pupil A as a lodger in his home in 2012; ./web_decision_David_Archer.pdf- ./web_decision_David_Archer.pdf- c. entered into a relationship with Pupil A in 2012; ./web_decision_David_Archer.pdf- ./web_decision_David_Archer.pdf- d. became engaged to Pupil A in or around 2013. ./web_decision_David_Archer.pdf- ./web_decision_David_Archer.pdf- 4. His conduct at (3) was dishonest in that he was attempting to conceal his ./web_decision_David_Archer.pdf- relationship with a former-pupil who had recently left the school. ./web_decision_David_Archer.pdf- ./web_decision_David_Archer.pdf: 5. His conduct at 1(a) and/or 1(b) and/or 1(c) and/or 1(d) and/or 2 was sexually ./web_decision_David_Archer.pdf- motivated. ./web_decision_David_Archer.pdf- ./web_decision_David_Archer.pdf-The statement of agreed and disputed facts indicated that Mr Archer’s admits the factual ./web_decision_David_Archer.pdf-particulars of allegation 1(a)(i) to 1(a) (iv), 1(b), 1(c)(i) to 1(c)(vi), 1(d)(i) to 1(d)(ii) and 3(b) ./web_decision_David_Archer.pdf-to 3(d). However, he does not admit the stem of allegation 1 or 3, nor the factual ./web_decision_David_Archer.pdf-particulars of allegations 1(e), 2, 3a, 4 and 5. Mr Archer does not admit that his conduct ./web_decision_David_Archer.pdf-amounts to either unacceptable professional conduct and/or conduct that may bring the ./web_decision_David_Archer.pdf-profession into disrepute. This case is therefore proceeding as a disputed case. ./web_decision_David_Archer.pdf- ./web_decision_David_Archer.pdf- -- ./web_decision_David_Archer.pdf-be concerned if gifts, such as sweets, were given to encourage performance. ./web_decision_David_Archer.pdf-The panel noted from the documentation in the bundle supplied by Pupil A on behalf of ./web_decision_David_Archer.pdf-Mr Archer that other pupils received gifts from Mr Archer. ./web_decision_David_Archer.pdf-The panel found the particular of allegation 1(b) proven on the balance of probabilities. ./web_decision_David_Archer.pdf- c. sent inappropriate e-mails to her including: ./web_decision_David_Archer.pdf- ./web_decision_David_Archer.pdf- i. calling her “sweetie”; ./web_decision_David_Archer.pdf- ./web_decision_David_Archer.pdf- ii. telling her you loved her; ./web_decision_David_Archer.pdf- ./web_decision_David_Archer.pdf: iii. discussion of a sexual nature; ./web_decision_David_Archer.pdf- ./web_decision_David_Archer.pdf- ./web_decision_David_Archer.pdf- ./web_decision_David_Archer.pdf- 10 ./web_decision_David_Archer.pdf- -- ./web_decision_David_Archer.pdf: iv. discussion of having sexual intercourse with her; ./web_decision_David_Archer.pdf- ./web_decision_David_Archer.pdf- v. one or more romantic poems you had written for her; ./web_decision_David_Archer.pdf- ./web_decision_David_Archer.pdf: vi. one or more poems of a sexual nature you had written for ./web_decision_David_Archer.pdf- her. ./web_decision_David_Archer.pdf- ./web_decision_David_Archer.pdf-The panel noted from the agreed and disputed facts that Mr Archer admits sending ./web_decision_David_Archer.pdf-inappropriate emails to Pupil A that contained the details referred to at the particulars of ./web_decision_David_Archer.pdf-allegation 1(c)(i) to 1(c)(vi). ./web_decision_David_Archer.pdf-The presenting officer submitted that a factual issue for the panel to determine is whether ./web_decision_David_Archer.pdf-such messages were an elaborate ploy by Mr Archer to encourage his then wife to end ./web_decision_David_Archer.pdf-their marriage, as put forward by Mr Archer in his written representations. ./web_decision_David_Archer.pdf-Witness A’s oral evidence was that Mr Archer was aware that it was the School’s policy ./web_decision_David_Archer.pdf-that teaching staff should only ever use the School’s email to email students. If the ./web_decision_David_Archer.pdf-School had been aware at the time that Mr Archer had used personal email to contact ./web_decision_David_Archer.pdf-Pupil A that would have been grounds for a disciplinary action. The panel noted from the ./web_decision_David_Archer.pdf-record of the interview with Mr Archer on 20 October 2010 that Mr Archer is recorded as ./web_decision_David_Archer.pdf-stating that he “only used school email, he had followed advice on this”. Witness A’s oral ./web_decision_David_Archer.pdf-evidence was that the School was not aware of any emails such as this in 2010. Witness ./web_decision_David_Archer.pdf-A considers that Mr Archer lied when he had said to the School in 2010 that he had only ./web_decision_David_Archer.pdf-used his school email to contact Pupil A and she considered the content of the emails to ./web_decision_David_Archer.pdf-be wholly inappropriate. ./web_decision_David_Archer.pdf-The panel considered that in addition to the particulars referred to at allegations 1(c)(i) to ./web_decision_David_Archer.pdf:1(c)(vi), the overall tone and content of the sexually explicit emails that Mr Archer admits ./web_decision_David_Archer.pdf-sending Pupil A were wholly inappropriate and unprofessional. The panel noted further ./web_decision_David_Archer.pdf-comments from an email Mr Archer sent to Pupil A on 16 August 2010, that “I just want to ./web_decision_David_Archer.pdf-be with you for always…” ./web_decision_David_Archer.pdf-The panel considers that the particulars of allegation 1(c)(i) to 1(c)(vi) are therefore found ./web_decision_David_Archer.pdf-proven. ./web_decision_David_Archer.pdf- d. Sent inappropriate direct messages to her including: ./web_decision_David_Archer.pdf- ./web_decision_David_Archer.pdf- i. telling her you loved her; ./web_decision_David_Archer.pdf- ./web_decision_David_Archer.pdf- ii. sending her kisses (“xxx”) -- ./web_decision_David_Archer.pdf-that the emails included in the bundle sent by Mr Archer to Pupil A included several ./web_decision_David_Archer.pdf-references to his “loving” Pupil A and including “xxx” symbols which the panel considered ./web_decision_David_Archer.pdf-inappropriate. ./web_decision_David_Archer.pdf-The panel therefore found this allegation proven on the balance of probabilities. ./web_decision_David_Archer.pdf: e. engaged in sexual activity with her. ./web_decision_David_Archer.pdf- ./web_decision_David_Archer.pdf:In the statement of agreed and disputed facts, Mr Archer denies engaging in sexual ./web_decision_David_Archer.pdf-activity with Pupil A until some time after she had left the School. ./web_decision_David_Archer.pdf-In his closing submissions the presenting officer drew the panel’s attention to the content ./web_decision_David_Archer.pdf-of the poetry that Mr Archer sent to Pupil A which included “lying under the tree” and ./web_decision_David_Archer.pdf-“caressing”. The presenting officer submitted that symbolism within poetry is often used ./web_decision_David_Archer.pdf-to describe real events and it is the National College’s case that such activity took place, ./web_decision_David_Archer.pdf:and this was sexual. ./web_decision_David_Archer.pdf:Regardless of the poetry, the panel noted the sexually explicit references in Mr Archer’s ./web_decision_David_Archer.pdf-emails to Pupil A which were inappropriate. ./web_decision_David_Archer.pdf-The presenting officer submitted that Mr Archer and Pupil A may have argued that these ./web_decision_David_Archer.pdf-emails are simply figurative and not reflective of real events. However, the repetitive ./web_decision_David_Archer.pdf:nature of the explicit sexual references in Mr Archer’s emails caused the panel concern. ./web_decision_David_Archer.pdf-The panel took into account written correspondence from Pupil A to the National College ./web_decision_David_Archer.pdf:in which she states that “although sexual content was discussed via email….the ./web_decision_David_Archer.pdf-motivation was only to catch [his then wife] reading Mr Archer’s private email”. The panel ./web_decision_David_Archer.pdf-rejected Mr Archer’s explanation that he had invented the email correspondence and ./web_decision_David_Archer.pdf-poetry in order to expedite the end of his marriage to his then wife. The content of the ./web_decision_David_Archer.pdf-emails was simply inconsistent with this explanation. If Mr Archer had wanted to deceive ./web_decision_David_Archer.pdf-his wife, the panel considered there was no need to involve Pupil A in any way. ./web_decision_David_Archer.pdf-The panel considered that the frequency, tone and explicit content of these emails and ./web_decision_David_Archer.pdf:reference to past events indicated that sexual activity between Mr Archer and Pupil A had ./web_decision_David_Archer.pdf-taken place. ./web_decision_David_Archer.pdf:The panel noted that such emails containing sexual references were sent in 2010, on or ./web_decision_David_Archer.pdf-around the time that Mr Archer was subject to initial concern regarding his tutoring and ./web_decision_David_Archer.pdf-cinema trip with Pupil A. ./web_decision_David_Archer.pdf:The panel was satisfied that on the balance of probabilities sexual activity had taken ./web_decision_David_Archer.pdf-place between Mr Archer and Pupil A in 2010 and therefore particular 1(e) is found ./web_decision_David_Archer.pdf-proven. ./web_decision_David_Archer.pdf-Stem of allegation 1 ./web_decision_David_Archer.pdf-The presenting officer drew the panel’s attention to an email sent by Mr Archer to Pupil A ./web_decision_David_Archer.pdf-on 31 July 2010 in which Mr Archer stated “I love you so much…I really hope that we can ./web_decision_David_Archer.pdf-be with each other soon xxx less than a year xxx”. ./web_decision_David_Archer.pdf- ./web_decision_David_Archer.pdf- ./web_decision_David_Archer.pdf- ./web_decision_David_Archer.pdf- -- ./web_decision_David_Archer.pdf-The presenting officer also invited the panel to place no weight on the fact that Mr Archer ./web_decision_David_Archer.pdf-and Pupil A are now married. ./web_decision_David_Archer.pdf-It is the National College’s position that the romantic poetry written for Pupil A and the ./web_decision_David_Archer.pdf:sexual content of the emails sent by Mr Archer to Pupil A was inappropriate ./web_decision_David_Archer.pdf-communication for a pupil and teacher. The presenting officer submitted that the written ./web_decision_David_Archer.pdf-correspondence from Pupil A sent to the National College in which Pupil A states that the ./web_decision_David_Archer.pdf-relationship between herself and Mr Archer was not “entirely limited to the ‘teacher’ ‘pupil’ ./web_decision_David_Archer.pdf-relationship”, was particularly telling. ./web_decision_David_Archer.pdf-The panel considered that Mr Archer’s tutoring relationship with Pupil A could arguably ./web_decision_David_Archer.pdf-have been within the bounds of a normal teacher pupil relationship particularly in relation ./web_decision_David_Archer.pdf-to the particulars of allegations 1(a)(i), (ii) and (iii), as the School had accepted at the ./web_decision_David_Archer.pdf-time. However, the content of the email communications that Mr Archer sent to Pupil A in ./web_decision_David_Archer.pdf-2010 caused the panel no doubt that Mr Archer’s conduct was inappropriate and was ./web_decision_David_Archer.pdf-part of an inappropriate relationship that he formed with Pupil A whilst she was a pupil of ./web_decision_David_Archer.pdf-the School at the time. Even if the panel considered that Mr Archer’s explanation was ./web_decision_David_Archer.pdf-plausible, it was deeply inappropriate to involve any pupil in this kind of correspondence. ./web_decision_David_Archer.pdf-Therefore the panel found the stem of allegation 1 proven. ./web_decision_David_Archer.pdf: 5. Your conduct at 1(a) and/or 1(b) and/or 1(c) and/or 1(d) and/or 2 was sexually ./web_decision_David_Archer.pdf- motivated. ./web_decision_David_Archer.pdf- ./web_decision_David_Archer.pdf-Mr Archer denies this allegation in the statement of agreed and disputed facts. He ./web_decision_David_Archer.pdf:denies sexual motivation and avers that his motivation was instead to expedite his ./web_decision_David_Archer.pdf-separation and divorce from his then wife. ./web_decision_David_Archer.pdf- ./web_decision_David_Archer.pdf-The panel was advised by the legal advisor that it may find it helpful to ask itself whether ./web_decision_David_Archer.pdf-on the balance of probabilities reasonable persons would think the words/actions found ./web_decision_David_Archer.pdf:proven could be sexual. If so, the panel would then need to go on to ask itself a second ./web_decision_David_Archer.pdf-question: whether, in all the circumstances of the conduct in the case, it was more likely ./web_decision_David_Archer.pdf:than not that Mr Archer’s purpose of such words/actions was sexual. ./web_decision_David_Archer.pdf- ./web_decision_David_Archer.pdf-The presenting officer submitted that it does not matter whether Mr Archer’s motivation ./web_decision_David_Archer.pdf:was to speed up the divorce process. If there was some sexual intention behind his ./web_decision_David_Archer.pdf:communications then this establishes that sexual motivation is evident. ./web_decision_David_Archer.pdf- ./web_decision_David_Archer.pdf-The presenting officer submitted that if Mr Archer wished to expedite the divorce ./web_decision_David_Archer.pdf-proceedings, there was no need to send messages to Pupil A. The panel considered that ./web_decision_David_Archer.pdf-if this had been Mr Archer’s intention there were more obvious approaches that he could ./web_decision_David_Archer.pdf-have adopted without involving Pupil A. The panel considers Mr Archer’s explanation is ./web_decision_David_Archer.pdf-not plausible. ./web_decision_David_Archer.pdf- ./web_decision_David_Archer.pdf- ./web_decision_David_Archer.pdf- ./web_decision_David_Archer.pdf- -- ./web_decision_David_Archer.pdf-The panel concluded that the factual particulars of allegation 1(a)(i) to (iv) are evidence of ./web_decision_David_Archer.pdf-a developing relationship between Mr Archer and Pupil A, but did not satisfy the objective ./web_decision_David_Archer.pdf:and subjective test relating to sexual motivation. ./web_decision_David_Archer.pdf- ./web_decision_David_Archer.pdf-In addition, the panel considered there was not sufficient evidence to suggest that Mr ./web_decision_David_Archer.pdf-Archer’s giving Pupil A a gift, namely a bracelet, was evidence that Mr Archer was ./web_decision_David_Archer.pdf-singling Pupil A out for “special treatment” and again did not consider this would satisfy ./web_decision_David_Archer.pdf:the objective and subjective test relating to sexual motivation. ./web_decision_David_Archer.pdf- ./web_decision_David_Archer.pdf-The panel considered that the emails sent by Mr Archer which contained numerous ./web_decision_David_Archer.pdf:explicit sexual references (as referred to under allegation 1(c) and 1(d)) were sexually ./web_decision_David_Archer.pdf-motivated and would satisfy both the objective and subjective test. A reasonable person ./web_decision_David_Archer.pdf:would consider that the words or intention behind such emails was sexual and the panel ./web_decision_David_Archer.pdf:considered that Mr Archer subjectively was aware that his intention was sexual. ./web_decision_David_Archer.pdf- ./web_decision_David_Archer.pdf-As the panel did not find allegation 2 was proven, it was not necessary to consider this in ./web_decision_David_Archer.pdf-the context of allegation 5. ./web_decision_David_Archer.pdf- ./web_decision_David_Archer.pdf:The panel therefore find that sexual motivation is proven in relation to allegations 1(c) ./web_decision_David_Archer.pdf-and 1(d) and accordingly allegation 5 is found proven. ./web_decision_David_Archer.pdf- ./web_decision_David_Archer.pdf-The panel has found the following particulars of the allegations against you not proven, ./web_decision_David_Archer.pdf-for these reasons: ./web_decision_David_Archer.pdf- ./web_decision_David_Archer.pdf-Whilst employed as a teacher at Fulford School in York, you: ./web_decision_David_Archer.pdf- ./web_decision_David_Archer.pdf-1. Engaged in an inappropriate relationship with Pupil A in 2010 that you: ./web_decision_David_Archer.pdf- ./web_decision_David_Archer.pdf- v. lie together under a tree -- ./web_decision_David_Archer.pdf- o treating pupils with dignity, building relationships rooted in mutual respect, and ./web_decision_David_Archer.pdf- at all times observing proper boundaries appropriate to a teacher’s ./web_decision_David_Archer.pdf- professional position; ./web_decision_David_Archer.pdf- o having regard for the need to safeguard pupils’ well-being, in accordance with ./web_decision_David_Archer.pdf- statutory provisions; ./web_decision_David_Archer.pdf-  Teachers must have proper and professional regard for the ethos, policies and ./web_decision_David_Archer.pdf- practices of the school in which they teach, and maintain high standards in their ./web_decision_David_Archer.pdf- own attendance and punctuality. ./web_decision_David_Archer.pdf-  Teachers must have an understanding of, and always act within, the statutory ./web_decision_David_Archer.pdf- frameworks which set out their professional duties and responsibilities. ./web_decision_David_Archer.pdf:Sending emails to Pupil A containing sexually explicit references whilst she was a pupil of ./web_decision_David_Archer.pdf:the School and engaging in sexual activity with her at the same time, fell significantly ./web_decision_David_Archer.pdf-short of the standards of behaviour expected of a teacher. ./web_decision_David_Archer.pdf- ./web_decision_David_Archer.pdf- ./web_decision_David_Archer.pdf- ./web_decision_David_Archer.pdf- ./web_decision_David_Archer.pdf- 17 ./web_decision_David_Archer.pdf- -- ./web_decision_David_Archer.pdf-The panel has also considered whether Mr Archer’s conduct displayed behaviours ./web_decision_David_Archer.pdf-associated with any of the offences listed on pages 8 and 9 of the Advice and the panel ./web_decision_David_Archer.pdf:has found that behaviour associated with an offence of sexual activity could potentially be ./web_decision_David_Archer.pdf-relevant. The Advice indicates that where behaviours associated with such an offence ./web_decision_David_Archer.pdf-exist, a panel is likely to conclude that an individual’s conduct would amount to ./web_decision_David_Archer.pdf-unacceptable professional conduct albeit that Mr Archer has not been convicted of an ./web_decision_David_Archer.pdf:offence relating to sexual activity. The panel recognised that Pupil A was aged over 16 at ./web_decision_David_Archer.pdf-the relevant time in 2010 and yet his conduct displayed behaviours associated with a ./web_decision_David_Archer.pdf:relevant offence involving sexual activity, which the panel considered an abuse of the ./web_decision_David_Archer.pdf-position of trust. Accordingly, the panel is satisfied that Mr Archer is guilty of ./web_decision_David_Archer.pdf-unacceptable professional conduct. ./web_decision_David_Archer.pdf- ./web_decision_David_Archer.pdf-The panel has taken into account the way the teaching profession is viewed by others ./web_decision_David_Archer.pdf-and considered the influence that teachers may have on pupils, parents and others in the ./web_decision_David_Archer.pdf-community. The panel has taken account of the uniquely influential role that teachers can ./web_decision_David_Archer.pdf-hold in pupils’ lives and that pupils must be able to view teachers as role models in the ./web_decision_David_Archer.pdf-way they behave. ./web_decision_David_Archer.pdf- ./web_decision_David_Archer.pdf-The findings of misconduct are serious and the conduct displayed would be likely to have ./web_decision_David_Archer.pdf-a negative impact on Mr Archer’s status as a teacher, potentially damaging the public ./web_decision_David_Archer.pdf-perception. The public would be extremely concerned by the tone and content of Mr ./web_decision_David_Archer.pdf:Archer’s emails and poetry and the fact that he formed a sexual relationship with Pupil A ./web_decision_David_Archer.pdf-whilst she was a pupil. ./web_decision_David_Archer.pdf- ./web_decision_David_Archer.pdf-The panel therefore finds that Mr Archer’s actions also constitute conduct that may bring ./web_decision_David_Archer.pdf-the profession into disrepute. ./web_decision_David_Archer.pdf- ./web_decision_David_Archer.pdf-Having found the facts of particulars 1(a)(i)to (iv), 1(b), 1(c)(i) to (vi), 1(d)(i) to (ii), 1(e) ./web_decision_David_Archer.pdf-and 5 proven, the panel further finds that Mr Archer’s conduct amounts to both ./web_decision_David_Archer.pdf-unacceptable professional conduct and conduct that may bring the profession into ./web_decision_David_Archer.pdf-disrepute. ./web_decision_David_Archer.pdf- -- ./web_decision_David_Archer.pdf-order may be appropriate if certain behaviours of a teacher have been proven. In the list ./web_decision_David_Archer.pdf-of such behaviours, those that are relevant in this case are: ./web_decision_David_Archer.pdf- ./web_decision_David_Archer.pdf-  serious departure from the personal and professional conduct elements of the ./web_decision_David_Archer.pdf- Teachers’ Standards; ./web_decision_David_Archer.pdf-  misconduct seriously affecting the education and/or well-being of pupils, and ./web_decision_David_Archer.pdf- particularly where there is a continuing risk; ./web_decision_David_Archer.pdf-  a deep-seated attitude that leads to harmful behaviour; ./web_decision_David_Archer.pdf-  abuse of position or trust (particularly involving vulnerable pupils) or violation of the ./web_decision_David_Archer.pdf- rights of pupils; ./web_decision_David_Archer.pdf:  sexual misconduct, eg involving actions that were sexually motivated or of a ./web_decision_David_Archer.pdf: sexual nature and/or that use or exploit the trust, knowledge or influence derived ./web_decision_David_Archer.pdf- from the individual’s professional position; ./web_decision_David_Archer.pdf-Even though there were behaviours that would point to the appropriateness of a ./web_decision_David_Archer.pdf-prohibition order, the panel went on to consider whether or not there were sufficient ./web_decision_David_Archer.pdf-mitigating factors to militate against a prohibition order’s being an appropriate and ./web_decision_David_Archer.pdf-proportionate measure to impose, particularly taking into account the nature and severity ./web_decision_David_Archer.pdf-of the behaviour in this case. In light of the panel’s findings, there was no evidence that ./web_decision_David_Archer.pdf-Mr Archer’s actions were not deliberate. There was no evidence to suggest that Mr ./web_decision_David_Archer.pdf- ./web_decision_David_Archer.pdf- 19 ./web_decision_David_Archer.pdf- -- ./web_decision_David_Archer.pdf-disliked teaching that age-range” (16-18 year olds) as it represented “absolutely no ./web_decision_David_Archer.pdf-challenge”. Witness A stated that Mr Archer worked hard to assist pupils to perform well. ./web_decision_David_Archer.pdf-If examination results were not as expected and if students had difficulties he would take ./web_decision_David_Archer.pdf-steps to provide additional resources to them. Witness A also stated in oral evidence that ./web_decision_David_Archer.pdf-Mr Archer had a number of sickness absences from School for minor reasons and this ./web_decision_David_Archer.pdf-was monitored by the School. ./web_decision_David_Archer.pdf- ./web_decision_David_Archer.pdf-Taking all of the above into account, the panel is of the view that prohibition is both ./web_decision_David_Archer.pdf-proportionate and appropriate. The panel has decided that the public interest ./web_decision_David_Archer.pdf-considerations outweigh the interests of Mr Archer. The inappropriate nature of Mr ./web_decision_David_Archer.pdf:Archer’s emails which he sent to Pupil A, coupled with the sexual activity to which they ./web_decision_David_Archer.pdf-refer, whilst she was a pupil of the School, were the significant factors in forming that ./web_decision_David_Archer.pdf-opinion. Accordingly, the panel makes a recommendation to the Secretary of State that a ./web_decision_David_Archer.pdf-prohibition order should be imposed with immediate effect. ./web_decision_David_Archer.pdf- ./web_decision_David_Archer.pdf-The panel went on to consider whether or not it would be appropriate for them to decide ./web_decision_David_Archer.pdf-to recommend that a review period of the order should be considered. The panel was ./web_decision_David_Archer.pdf- ./web_decision_David_Archer.pdf- 20 ./web_decision_David_Archer.pdf- -- ./web_decision_David_Archer.pdf-mindful that the Advice states that a prohibition order applies for life, but there may be ./web_decision_David_Archer.pdf-circumstances in any given case that may make it appropriate to allow a teacher to apply ./web_decision_David_Archer.pdf-to have the prohibition order reviewed after a specified period of time that may not be ./web_decision_David_Archer.pdf-less than 2 years. ./web_decision_David_Archer.pdf- ./web_decision_David_Archer.pdf-The Advice indicates that there are behaviours that, if proven, would militate against the ./web_decision_David_Archer.pdf:recommendation of a review period. One of these behaviours includes serious sexual ./web_decision_David_Archer.pdf:misconduct, eg where the act was sexually motivated and resulted in or had the potential ./web_decision_David_Archer.pdf-to result in, harm to a person or persons, particularly where the individual has used their ./web_decision_David_Archer.pdf-professional position to influence or exploit a person or persons. The panel has found ./web_decision_David_Archer.pdf:that Mr Archer was responsible for engaging with sexual activity with Pupil A which had ./web_decision_David_Archer.pdf-the potential to result in harm to Pupil A and that Mr Archer used his professional position ./web_decision_David_Archer.pdf:to influence Pupil A. The panel accordingly finds that there has been serious sexual ./web_decision_David_Archer.pdf-misconduct in this case. ./web_decision_David_Archer.pdf- ./web_decision_David_Archer.pdf-Despite the lengthy content of his written representations to the National College, the ./web_decision_David_Archer.pdf-panel did not consider that Mr Archer demonstrated that he had developed any insight ./web_decision_David_Archer.pdf-over the inappropriateness of his actions. In particular, the panel noted this statement: ./web_decision_David_Archer.pdf-“All that I can say with reference to my relationship [with Pupil A] prior to October 2010 is ./web_decision_David_Archer.pdf-that she offered me what I did not realise was much needed emotional support and for ./web_decision_David_Archer.pdf-this I was much indebted”. Even though Mr Archer now concedes that “this could be ./web_decision_David_Archer.pdf-perceived to be a blurring of boundaries”. Mr Archer considered that “in all honesty” he ./web_decision_David_Archer.pdf-thought that his ability to maintain his objectivity would not cause any blurring as he did ./web_decision_David_Archer.pdf-not treat Pupil A any differently from any other student when he adopted the “role” of her ./web_decision_David_Archer.pdf-teacher. It was clear to the panel that Mr Archer did not recognise that he had treated ./web_decision_David_Archer.pdf-Pupil A differently from other pupils and that this was outside the boundaries of a normal ./web_decision_David_Archer.pdf:pupil teacher relationship. Both his sexual activity with and emotional unburdening on ./web_decision_David_Archer.pdf-Pupil A were a serious departure from the personal and professional standards of ./web_decision_David_Archer.pdf-conduct expected of a teacher. ./web_decision_David_Archer.pdf- ./web_decision_David_Archer.pdf-The panel therefore considered that its findings indicated a situation in which a review ./web_decision_David_Archer.pdf-period would not be appropriate and as such decided that it would be proportionate in all ./web_decision_David_Archer.pdf-the circumstances for the prohibition order to be recommended without provision for a ./web_decision_David_Archer.pdf-review period. ./web_decision_David_Archer.pdf- ./web_decision_David_Archer.pdf- ./web_decision_David_Archer.pdf-Decision and reasons on behalf of the Secretary of State -- ./web_decision_David_Archer.pdf-account the public interest as well as the interests of Mr Archer. ./web_decision_David_Archer.pdf- ./web_decision_David_Archer.pdf-I note there was no evidence that Mr Archer’s actions were not deliberate. I also note that ./web_decision_David_Archer.pdf-the panel found there was no evidence to suggest that Mr Archer was acting under ./web_decision_David_Archer.pdf-duress, and in fact the panel found Mr Archer’s actions to be calculated and motivated. ./web_decision_David_Archer.pdf-Mr Archer denied his relationship with Pupil A during the School’s disciplinary process. ./web_decision_David_Archer.pdf- ./web_decision_David_Archer.pdf-I agree with the panel that prohibition is both proportionate and appropriate. ./web_decision_David_Archer.pdf- ./web_decision_David_Archer.pdf-The inappropriate nature of Mr Archer’s emails which he sent to Pupil A, coupled with the ./web_decision_David_Archer.pdf:sexual activity to which they refer, whilst she was a pupil of the School, were the ./web_decision_David_Archer.pdf-significant factors in this case. ./web_decision_David_Archer.pdf- ./web_decision_David_Archer.pdf-I now turn to the matter of a review period. ./web_decision_David_Archer.pdf- ./web_decision_David_Archer.pdf-The Advice indicates that there are behaviours that, if proven, would militate against a ./web_decision_David_Archer.pdf:review period being recommended. These behaviours include serious sexual ./web_decision_David_Archer.pdf- ./web_decision_David_Archer.pdf- 22 ./web_decision_David_Archer.pdf- -- ./web_decision_David_Archer.pdf:misconduct. Mr Archer was responsible for engaging with sexual activity with Pupil A ./web_decision_David_Archer.pdf-which had the potential to result in harm to Pupil A. Mr Archer used his professional ./web_decision_David_Archer.pdf:position to influence Pupil A. I agree with the panel that there has been serious sexual ./web_decision_David_Archer.pdf-misconduct in this case. ./web_decision_David_Archer.pdf- ./web_decision_David_Archer.pdf:Mr Archer’s sexual activity with Pupil A, and emotional unburdening on Pupil A, were a ./web_decision_David_Archer.pdf-serious departure from the personal and professional standards of conduct expected of a ./web_decision_David_Archer.pdf-teacher. ./web_decision_David_Archer.pdf- ./web_decision_David_Archer.pdf-For the reasons set out above, I agree with the panel that there should be no review ./web_decision_David_Archer.pdf-period allowed. ./web_decision_David_Archer.pdf- ./web_decision_David_Archer.pdf-This means that Mr David Archer is prohibited from teaching indefinitely and ./web_decision_David_Archer.pdf-cannot teach in any school, sixth form college, relevant youth accommodation or ./web_decision_David_Archer.pdf-children’s home in England. Furthermore, in view of the seriousness of the allegations ./web_decision_David_Archer.pdf-found proved against him, I have decided that Mr Archer shall not be entitled to apply for ./Web_Decision_Day_Richard.pdf- (b) told Student A that his cousin was "fit" and "hot"; ./Web_Decision_Day_Richard.pdf- ./Web_Decision_Day_Richard.pdf- (c) asked Student A if his cousin was gay; ./Web_Decision_Day_Richard.pdf- ./Web_Decision_Day_Richard.pdf- (d) discussed meeting Student A in a nightclub; ./Web_Decision_Day_Richard.pdf- ./Web_Decision_Day_Richard.pdf- (e) discussed buying Student A alcohol at a nightclub; ./Web_Decision_Day_Richard.pdf- ./Web_Decision_Day_Richard.pdf- (f) discussed providing Student A with alcohol at his home; ./Web_Decision_Day_Richard.pdf- ./Web_Decision_Day_Richard.pdf:3. Sent inappropriate messages of a sexual nature to Student A via Facebook ./Web_Decision_Day_Richard.pdf- including messages where he: ./Web_Decision_Day_Richard.pdf- ./Web_Decision_Day_Richard.pdf: (a) discussed Student A's sexuality; ./Web_Decision_Day_Richard.pdf- ./Web_Decision_Day_Richard.pdf- (b) asked Student A if he had pulled on one or more occasions; ./Web_Decision_Day_Richard.pdf- ./Web_Decision_Day_Richard.pdf: (c) asked Student A if he had had sex on a visit to Brighton; ./Web_Decision_Day_Richard.pdf- ./Web_Decision_Day_Richard.pdf- (d) discussed obtaining strangers' numbers and arranging "no strings" visits; ./Web_Decision_Day_Richard.pdf- ./Web_Decision_Day_Richard.pdf: (e) implied that Student A could have sex with his own cousin; ./Web_Decision_Day_Richard.pdf- ./Web_Decision_Day_Richard.pdf- (f) referred to having a threesome with Student A's cousin; ./Web_Decision_Day_Richard.pdf- ./Web_Decision_Day_Richard.pdf- (g) suggested that Student A masturbate himself; ./Web_Decision_Day_Richard.pdf- ./Web_Decision_Day_Richard.pdf- (h) referred to his birthday party to the effect that there was "lots of cock" there; ./Web_Decision_Day_Richard.pdf- ./Web_Decision_Day_Richard.pdf- (i) referred to a photograph of Student A with a pole in his mouth and said: ./Web_Decision_Day_Richard.pdf- ./Web_Decision_Day_Richard.pdf- (i) "not the first time I'm sure"; ./Web_Decision_Day_Richard.pdf- ./Web_Decision_Day_Richard.pdf- (ii) "you can use it when ur on ur own lol"; ./Web_Decision_Day_Richard.pdf- ./Web_Decision_Day_Richard.pdf:4. In doing the conduct described at 1 and/or 2 and/or 3 his behaviour was sexually ./Web_Decision_Day_Richard.pdf- motivated. ./Web_Decision_Day_Richard.pdf- ./Web_Decision_Day_Richard.pdf- ./Web_Decision_Day_Richard.pdf- ./Web_Decision_Day_Richard.pdf- ./Web_Decision_Day_Richard.pdf- 4 ./Web_Decision_Day_Richard.pdf- -- ./Web_Decision_Day_Richard.pdf- (b) told Student A that his cousin was "fit" and "hot"; ./Web_Decision_Day_Richard.pdf- ./Web_Decision_Day_Richard.pdf- (c) asked Student A if his cousin was gay; ./Web_Decision_Day_Richard.pdf- ./Web_Decision_Day_Richard.pdf- (d) discussed meeting Student A in a nightclub; ./Web_Decision_Day_Richard.pdf- ./Web_Decision_Day_Richard.pdf- (e) discussed buying Student A alcohol at a nightclub; ./Web_Decision_Day_Richard.pdf- ./Web_Decision_Day_Richard.pdf- (f) discussed providing Student A with alcohol at his home; ./Web_Decision_Day_Richard.pdf- ./Web_Decision_Day_Richard.pdf:3. Sent inappropriate messages of a sexual nature to Student A via Facebook ./Web_Decision_Day_Richard.pdf- including messages where you: ./Web_Decision_Day_Richard.pdf- ./Web_Decision_Day_Richard.pdf: (a) discussed Student A's sexuality; ./Web_Decision_Day_Richard.pdf- ./Web_Decision_Day_Richard.pdf- ./Web_Decision_Day_Richard.pdf- 6 ./Web_Decision_Day_Richard.pdf- -- ./Web_Decision_Day_Richard.pdf- (b) asked Student A if he had pulled on one or more occasions; ./Web_Decision_Day_Richard.pdf- ./Web_Decision_Day_Richard.pdf: (c) asked Student A if he had had sex on a visit to Brighton; ./Web_Decision_Day_Richard.pdf- ./Web_Decision_Day_Richard.pdf- (d) discussed obtaining strangers' numbers and arranging "no strings" ./Web_Decision_Day_Richard.pdf- visits; ./Web_Decision_Day_Richard.pdf- ./Web_Decision_Day_Richard.pdf: (e) implied that Student A could have sex with his own cousin; ./Web_Decision_Day_Richard.pdf- ./Web_Decision_Day_Richard.pdf- (f) referred to having a threesome with Student A's cousin; ./Web_Decision_Day_Richard.pdf- ./Web_Decision_Day_Richard.pdf- (g) suggested that Student A masturbate himself; ./Web_Decision_Day_Richard.pdf- ./Web_Decision_Day_Richard.pdf- (h) referred to his birthday party to the effect that there was "lots of cock" ./Web_Decision_Day_Richard.pdf- there; ./Web_Decision_Day_Richard.pdf- ./Web_Decision_Day_Richard.pdf- (i) referred to a photograph of Student A with a pole in his mouth and ./Web_Decision_Day_Richard.pdf- said: ./Web_Decision_Day_Richard.pdf- ./Web_Decision_Day_Richard.pdf- (i) "not the first time I'm sure"; ./Web_Decision_Day_Richard.pdf- ./Web_Decision_Day_Richard.pdf- (ii) "you can use it when ur on ur own lol"; ./Web_Decision_Day_Richard.pdf- ./Web_Decision_Day_Richard.pdf-4. In doing the conduct described at 1 and/or 2 and/or 3 your behaviour was ./Web_Decision_Day_Richard.pdf: sexually motivated. ./Web_Decision_Day_Richard.pdf- ./Web_Decision_Day_Richard.pdf-Mr Day has admitted the alleged facts and signed a statement of agreed facts. The panel ./Web_Decision_Day_Richard.pdf-accepts the facts as proved on that basis. ./Web_Decision_Day_Richard.pdf- ./Web_Decision_Day_Richard.pdf-Findings as to conduct that may bring the profession into disrepute ./Web_Decision_Day_Richard.pdf-Mr Day admits that his conduct brought the profession into disrepute. The panel has ./Web_Decision_Day_Richard.pdf-taken this admission into account, but made its own judgment. ./Web_Decision_Day_Richard.pdf- ./Web_Decision_Day_Richard.pdf-In doing so, the panel has had regard to the document Teacher Misconduct: The ./Web_Decision_Day_Richard.pdf-Prohibition of Teachers, which the panel refers to as “the Advice”. -- ./Web_Decision_Day_Richard.pdf- own attendance and punctuality. ./Web_Decision_Day_Richard.pdf-  Teachers must have an understanding of, and always act within, the statutory ./Web_Decision_Day_Richard.pdf- frameworks which set out their professional duties and responsibilities. ./Web_Decision_Day_Richard.pdf-The panel is satisfied that the conduct of Mr Day fell significantly short of the standards ./Web_Decision_Day_Richard.pdf-expected of the profession. ./Web_Decision_Day_Richard.pdf- ./Web_Decision_Day_Richard.pdf-The panel notes that the allegations took place outside of the education setting, albeit ./Web_Decision_Day_Richard.pdf-that the contact with Student A had been established because Mr Day was a former ./Web_Decision_Day_Richard.pdf-teacher of Student A and other students. The panel is satisfied that much of the content ./Web_Decision_Day_Richard.pdf-of the communications with Student A was increasingly over-familiar and became wholly ./Web_Decision_Day_Richard.pdf:inappropriate and sexually motivated. ./Web_Decision_Day_Richard.pdf- ./Web_Decision_Day_Richard.pdf-The panel has taken into account how the teaching profession is viewed by others and ./Web_Decision_Day_Richard.pdf-considered the influence that teachers may have on pupils, parents and others in the ./Web_Decision_Day_Richard.pdf-community. The panel has taken account of the uniquely influential role that teachers can ./Web_Decision_Day_Richard.pdf-hold in pupils’ lives and that pupils must be able to view teachers as role models in the ./Web_Decision_Day_Richard.pdf-way they behave. ./Web_Decision_Day_Richard.pdf- ./Web_Decision_Day_Richard.pdf-The conduct displayed by Mr Day would likely have a negative impact on his status as a ./Web_Decision_Day_Richard.pdf-teacher, potentially damaging the public perception of the profession. ./Web_Decision_Day_Richard.pdf- -- ./Web_Decision_Day_Richard.pdf-In carrying out the balancing exercise, the panel has considered the public interest ./Web_Decision_Day_Richard.pdf-considerations both in favour of and against prohibition, as well as the interests of Mr ./Web_Decision_Day_Richard.pdf-Day. The panel took further account of the Advice, which suggests that a prohibition ./Web_Decision_Day_Richard.pdf-order may be appropriate if certain behaviours of a teacher have been proven. In the list ./Web_Decision_Day_Richard.pdf-of such behaviours, those that are relevant in this case are: ./Web_Decision_Day_Richard.pdf- ./Web_Decision_Day_Richard.pdf-  serious departure from the personal and professional conduct elements of the ./Web_Decision_Day_Richard.pdf- Teachers’ Standards; ./Web_Decision_Day_Richard.pdf-  misconduct seriously affecting the well-being of pupils; ./Web_Decision_Day_Richard.pdf-  abuse of position of trust involving a vulnerable pupil; ./Web_Decision_Day_Richard.pdf:  sexual misconduct, involving communication that was sexually motivated; ./Web_Decision_Day_Richard.pdf- ./Web_Decision_Day_Richard.pdf- ./Web_Decision_Day_Richard.pdf- ./Web_Decision_Day_Richard.pdf- 9 ./Web_Decision_Day_Richard.pdf- -- ./Web_Decision_Day_Richard.pdf-recommendation to the Secretary of State that a prohibition order should be imposed with ./Web_Decision_Day_Richard.pdf-immediate effect. ./Web_Decision_Day_Richard.pdf- ./Web_Decision_Day_Richard.pdf-The panel went on to consider whether or not it would be appropriate to recommend a ./Web_Decision_Day_Richard.pdf-review period of the order. The panel were mindful that a prohibition order applies for life, ./Web_Decision_Day_Richard.pdf-but there may be circumstances that may make it appropriate to allow a teacher to apply ./Web_Decision_Day_Richard.pdf-to have the prohibition order reviewed after a specified period of time, that may not be ./Web_Decision_Day_Richard.pdf-less than 2 years. ./Web_Decision_Day_Richard.pdf- ./Web_Decision_Day_Richard.pdf-The Advice indicates that there are behaviours that, if proven, would militate against a ./Web_Decision_Day_Richard.pdf:review period being recommended. These behaviours include serious sexual ./Web_Decision_Day_Richard.pdf-misconduct. Although the panel has found that Mr Day's communications with Student A ./Web_Decision_Day_Richard.pdf:were sexually motivated, the panel noted that this did not result in any physical contact ./Web_Decision_Day_Richard.pdf-and was limited to electronic communications with the student, some of which were of a ./Web_Decision_Day_Richard.pdf:sexual nature. The panel noted that Student A became troubled by the content of the ./Web_Decision_Day_Richard.pdf-communications to the extent that he disclosed the information to his tutor. No evidence ./Web_Decision_Day_Richard.pdf-was presented that Student A suffered any harm as a result of receiving these ./Web_Decision_Day_Richard.pdf-communications. In the light of the above, the panel can distinguish this case from the ./Web_Decision_Day_Richard.pdf:most serious forms of sexual misconduct. Furthermore, Mr Day has admitted all of the ./Web_Decision_Day_Richard.pdf-allegations and expressed remorse. He has also demonstrated some insight into his ./Web_Decision_Day_Richard.pdf-professional failings and given assurances as to his future conduct, including maintaining ./Web_Decision_Day_Richard.pdf-professional boundaries. ./Web_Decision_Day_Richard.pdf- ./Web_Decision_Day_Richard.pdf-The panel felt these findings indicate that a review period would be appropriate. The ./Web_Decision_Day_Richard.pdf-panel were minded that it would be proportionate in all the circumstances for the ./Web_Decision_Day_Richard.pdf-prohibition order to be reviewed after a period of five years. The panel so recommends. ./Web_Decision_Day_Richard.pdf- ./Web_Decision_Day_Richard.pdf- ./Web_Decision_Day_Richard.pdf- -- ./Web_Decision_Day_Richard.pdf-I have taken into account, the need to balance the public interest with the interests of the ./Web_Decision_Day_Richard.pdf-teacher. I have also taken into account the need to be proportionate. I have read and ./Web_Decision_Day_Richard.pdf-taken into account the guidance published by the Secretary of State. The panel has ./Web_Decision_Day_Richard.pdf-decided that the public interest considerations outweigh the interests of Mr Day. I agree ./Web_Decision_Day_Richard.pdf-with the panel’s view. ./Web_Decision_Day_Richard.pdf- ./Web_Decision_Day_Richard.pdf-Taking all of the facts into account I support the recommendation of the panel that Mr ./Web_Decision_Day_Richard.pdf-Day be prohibited. This seems to me to be proportionate and appropriate. ./Web_Decision_Day_Richard.pdf- ./Web_Decision_Day_Richard.pdf-I have also considered the matter of a review period. The behaviours found proven ./Web_Decision_Day_Richard.pdf:include serious sexual misconduct. I note that the panel has found that Mr Day's ./Web_Decision_Day_Richard.pdf:communications with the student were sexually motivated, but that this did not result in ./Web_Decision_Day_Richard.pdf-any physical contact. No evidence was presented that the student suffered any harm as ./Web_Decision_Day_Richard.pdf-a result of receiving these communications. I agree with the panel that they can ./Web_Decision_Day_Richard.pdf:distinguish this case from the most serious forms of sexual misconduct. I note that Mr ./Web_Decision_Day_Richard.pdf-Day has admitted all of the allegations and expressed remorse, and that he also ./Web_Decision_Day_Richard.pdf-demonstrated some insight into his professional failings. ./Web_Decision_Day_Richard.pdf- ./Web_Decision_Day_Richard.pdf-The panel has recommended a review period of 5 years. For the reasons set out above, I ./Web_Decision_Day_Richard.pdf-agree with the panel’s decision. ./Web_Decision_Day_Richard.pdf- ./Web_Decision_Day_Richard.pdf-This means that Mr Richard Day is prohibited from teaching indefinitely and cannot ./Web_Decision_Day_Richard.pdf-teach in any school, sixth form college, relevant youth accommodation or ./Web_Decision_Day_Richard.pdf-children’s home in England. He may apply for the prohibition order to be set aside, but ./Web_Decision_Day_Richard.pdf-not until 2 March 2021, 5 years from the date of this order at the earliest. This is not an ./web_decision_Decision_Lasslett_K_13814_for_WEB.pdf- d. gave Pupil A his mobile phone number ./web_decision_Decision_Lasslett_K_13814_for_WEB.pdf- ./web_decision_Decision_Lasslett_K_13814_for_WEB.pdf- e. asked Pupil A to keep it a secret that he had given her his mobile phone ./web_decision_Decision_Lasslett_K_13814_for_WEB.pdf- number ./web_decision_Decision_Lasslett_K_13814_for_WEB.pdf- ./web_decision_Decision_Lasslett_K_13814_for_WEB.pdf- f. made contact with Pupil A via her mobile phone, including late at night ./web_decision_Decision_Lasslett_K_13814_for_WEB.pdf- ./web_decision_Decision_Lasslett_K_13814_for_WEB.pdf- g. posed for photographs with Pupil A ./web_decision_Decision_Lasslett_K_13814_for_WEB.pdf- ./web_decision_Decision_Lasslett_K_13814_for_WEB.pdf- 2. His actions set out at paragraph 1.a and/or b and/or c and/or d and/or e and/or f ./web_decision_Decision_Lasslett_K_13814_for_WEB.pdf: and/or g above were sexually motivated ./web_decision_Decision_Lasslett_K_13814_for_WEB.pdf- ./web_decision_Decision_Lasslett_K_13814_for_WEB.pdf- 3. During the investigation in June 2014, he stated that he had not given Pupil A his ./web_decision_Decision_Lasslett_K_13814_for_WEB.pdf- mobile phone number when in fact he had ./web_decision_Decision_Lasslett_K_13814_for_WEB.pdf- ./web_decision_Decision_Lasslett_K_13814_for_WEB.pdf- 4. His actions set out at paragraph 3 above were dishonest ./web_decision_Decision_Lasslett_K_13814_for_WEB.pdf- ./web_decision_Decision_Lasslett_K_13814_for_WEB.pdf-Mr Lasslett has admitted the factual particulars of the above allegations save for ./web_decision_Decision_Lasslett_K_13814_for_WEB.pdf-allegations 1.c and 2. Therefore this case is proceeding as a disputed case. ./web_decision_Decision_Lasslett_K_13814_for_WEB.pdf- ./web_decision_Decision_Lasslett_K_13814_for_WEB.pdf- -- ./web_decision_Decision_Lasslett_K_13814_for_WEB.pdf-engaged in communication to satisfy his “ego”. This communication was perceived by ./web_decision_Decision_Lasslett_K_13814_for_WEB.pdf-Pupil A to be flirtatious. ./web_decision_Decision_Lasslett_K_13814_for_WEB.pdf- ./web_decision_Decision_Lasslett_K_13814_for_WEB.pdf-In his witness statement, Mr Lasslett states that he understands how his actions and ./web_decision_Decision_Lasslett_K_13814_for_WEB.pdf-words, even including small smiley faces in messages to Pupil A, may have given the ./web_decision_Decision_Lasslett_K_13814_for_WEB.pdf-wrong impression to her. However, he indicates that his messages were never ./web_decision_Decision_Lasslett_K_13814_for_WEB.pdf-intentionally flirtatious. He realises that it was inappropriate for him to have any ./web_decision_Decision_Lasslett_K_13814_for_WEB.pdf-communication beyond professional communication with a pupil. ./web_decision_Decision_Lasslett_K_13814_for_WEB.pdf- ./web_decision_Decision_Lasslett_K_13814_for_WEB.pdf-The presenting officer submitted and the panel accepted that, “flirtatious” means ./web_decision_Decision_Lasslett_K_13814_for_WEB.pdf:suggesting playful sexual attraction to a person. ./web_decision_Decision_Lasslett_K_13814_for_WEB.pdf- ./web_decision_Decision_Lasslett_K_13814_for_WEB.pdf-When questioned by the panel, Mr Lasslett stated in oral evidence that the abbreviated ./web_decision_Decision_Lasslett_K_13814_for_WEB.pdf-language and slang contained in his messages to Pupil A was similar to the language he ./web_decision_Decision_Lasslett_K_13814_for_WEB.pdf-would send work colleagues and friends when communicating about non-school ./web_decision_Decision_Lasslett_K_13814_for_WEB.pdf-business. Witness C stated that Mr Lasslett would frequently use smiley faces and kisses ./web_decision_Decision_Lasslett_K_13814_for_WEB.pdf-in messages to friends. The panel found the language used by Mr Lasslett in his ./web_decision_Decision_Lasslett_K_13814_for_WEB.pdf-messages to Pupil A on Facebook to be inappropriate but considered that the use of ./web_decision_Decision_Lasslett_K_13814_for_WEB.pdf-icons to denote smiles and kisses within the messages did not render the messages that ./web_decision_Decision_Lasslett_K_13814_for_WEB.pdf-Mr Lasslett sent to Pupil A on Facebook flirtatious. Such icons are frequently used when ./web_decision_Decision_Lasslett_K_13814_for_WEB.pdf-sending messages to friends and colleagues. For this reason the panel finds this -- ./web_decision_Decision_Lasslett_K_13814_for_WEB.pdf- 2. Your actions set out at paragraph 1.a and/or b and/or c and/or d and/or e ./web_decision_Decision_Lasslett_K_13814_for_WEB.pdf: and/or f and/or g above were sexually motivated ./web_decision_Decision_Lasslett_K_13814_for_WEB.pdf- ./web_decision_Decision_Lasslett_K_13814_for_WEB.pdf-The panel was advised by the legal advisor to ask itself whether, on the balance of ./web_decision_Decision_Lasslett_K_13814_for_WEB.pdf-probabilities, a reasonable person would think the words/actions found proven against Mr ./web_decision_Decision_Lasslett_K_13814_for_WEB.pdf:Lasslett could be sexual. If so, the panel would need to go on to ask itself a second ./web_decision_Decision_Lasslett_K_13814_for_WEB.pdf-question, whether in all the circumstances of the conduct in the case, it is more likely ./web_decision_Decision_Lasslett_K_13814_for_WEB.pdf:than not that the purpose of such words/actions was sexual. ./web_decision_Decision_Lasslett_K_13814_for_WEB.pdf- ./web_decision_Decision_Lasslett_K_13814_for_WEB.pdf-Mr Lasslett does not admit the factual particulars of this allegation. He denies that any of ./web_decision_Decision_Lasslett_K_13814_for_WEB.pdf:his conduct, as referred to at allegations 1.a to 1.g, were sexually motivated. The ./web_decision_Decision_Lasslett_K_13814_for_WEB.pdf-teacher’s representative asked the panel to acknowledge that Mr Lasslett has made a ./web_decision_Decision_Lasslett_K_13814_for_WEB.pdf-number of admissions to the sub-particulars of allegation 1 and that these are not ./web_decision_Decision_Lasslett_K_13814_for_WEB.pdf:automatically synonymous with sexual motivation. The teacher’s representative further ./web_decision_Decision_Lasslett_K_13814_for_WEB.pdf:submitted that the cumulative effect of these allegations does not amount to sexual ./web_decision_Decision_Lasslett_K_13814_for_WEB.pdf:motivation either. The presenting officer submitted that for the panel to find sexual ./web_decision_Decision_Lasslett_K_13814_for_WEB.pdf:motivation there does not need to be any sexual contact or meeting with Pupil A for that ./web_decision_Decision_Lasslett_K_13814_for_WEB.pdf-purpose. ./web_decision_Decision_Lasslett_K_13814_for_WEB.pdf- ./web_decision_Decision_Lasslett_K_13814_for_WEB.pdf-The presenting officer submitted that Mr Lasslett’s evidence that he did not intend his ./web_decision_Decision_Lasslett_K_13814_for_WEB.pdf-messages to Pupil A to have a flirtatious connotation is “nonsense”. The presenting ./web_decision_Decision_Lasslett_K_13814_for_WEB.pdf:officer further submitted that Mr Lasslett could have had no motivation, other than sexual ./web_decision_Decision_Lasslett_K_13814_for_WEB.pdf-motivation, for sending flirtatious messages, giving his mobile phone number to Pupil A ./web_decision_Decision_Lasslett_K_13814_for_WEB.pdf-and asking Pupil A to keep it a secret. ./web_decision_Decision_Lasslett_K_13814_for_WEB.pdf- ./web_decision_Decision_Lasslett_K_13814_for_WEB.pdf:In her oral evidence, Pupil A stated that Mr Lasslett’s messages contained no sexual ./web_decision_Decision_Lasslett_K_13814_for_WEB.pdf-content or tone. She confirmed she did not consider any of the messages she received ./web_decision_Decision_Lasslett_K_13814_for_WEB.pdf:from Mr Lasslett were sexual in nature, only flirtatious. The teacher’s representative ./web_decision_Decision_Lasslett_K_13814_for_WEB.pdf-invited the panel to consider this aspect of Pupil A’s evidence as credible. ./web_decision_Decision_Lasslett_K_13814_for_WEB.pdf- ./web_decision_Decision_Lasslett_K_13814_for_WEB.pdf:Mr Lasslett stated, in his oral evidence, that he had no sexual thoughts or sexual ./web_decision_Decision_Lasslett_K_13814_for_WEB.pdf-ambitions towards Pupil A and this suggestion “sickens” him. He never thought about ./web_decision_Decision_Lasslett_K_13814_for_WEB.pdf-Pupil A that way and it was never his motivation. ./web_decision_Decision_Lasslett_K_13814_for_WEB.pdf- ./web_decision_Decision_Lasslett_K_13814_for_WEB.pdf-Further in his oral evidence, Mr Lasslett stated that he told the School when questioned, ./web_decision_Decision_Lasslett_K_13814_for_WEB.pdf-that he communicated with Pupil A as he “was a young NQT” courting popularity. ./web_decision_Decision_Lasslett_K_13814_for_WEB.pdf- ./web_decision_Decision_Lasslett_K_13814_for_WEB.pdf-When questioned by the panel as to his motivation for communicating with Pupil A, he ./web_decision_Decision_Lasslett_K_13814_for_WEB.pdf-stated that he believed that being able to communicate with him in an informal manner ./web_decision_Decision_Lasslett_K_13814_for_WEB.pdf-might make her feel better about herself. He further stated he ceased all communication ./web_decision_Decision_Lasslett_K_13814_for_WEB.pdf-with Pupil A when he realised that she had developed a more serious crush on him. ./web_decision_Decision_Lasslett_K_13814_for_WEB.pdf- ./web_decision_Decision_Lasslett_K_13814_for_WEB.pdf-The teacher’s representative submitted that Mr Lasslett’s insight developed quickly once ./web_decision_Decision_Lasslett_K_13814_for_WEB.pdf-he realised it was inappropriate to communicate with Pupil A. It is not the case that Mr ./web_decision_Decision_Lasslett_K_13814_for_WEB.pdf:Lasslett’s motivation was sexual just because he asked Pupil A to keep the fact he had ./web_decision_Decision_Lasslett_K_13814_for_WEB.pdf-passed his mobile number on to her secret. It was submitted that Mr Lasslett’s motivation ./web_decision_Decision_Lasslett_K_13814_for_WEB.pdf- ./web_decision_Decision_Lasslett_K_13814_for_WEB.pdf- 13 ./web_decision_Decision_Lasslett_K_13814_for_WEB.pdf- -- ./web_decision_Decision_Lasslett_K_13814_for_WEB.pdf-was to befriend Pupil A and nothing more. He wished to keep in touch with her as it was ./web_decision_Decision_Lasslett_K_13814_for_WEB.pdf-her intention to leave the School to study elsewhere in Years 12 and 13. However, Pupil ./web_decision_Decision_Lasslett_K_13814_for_WEB.pdf-A subsequently returned to the School. ./web_decision_Decision_Lasslett_K_13814_for_WEB.pdf- ./web_decision_Decision_Lasslett_K_13814_for_WEB.pdf-The panel considered that the objective test was met as the reasonable person would ./web_decision_Decision_Lasslett_K_13814_for_WEB.pdf:think that Mr Lasslett’s actions in relation to allegations 1.a, d, e and f, were sexually ./web_decision_Decision_Lasslett_K_13814_for_WEB.pdf-motivated. However, the panel was not satisfied, on the balance of probabilities, that it is ./web_decision_Decision_Lasslett_K_13814_for_WEB.pdf-more likely than not that the purpose of Mr Lasslett’s behaviour in relation to allegations ./web_decision_Decision_Lasslett_K_13814_for_WEB.pdf:1.a, d, e and f, was sexual. The panel determined that Mr Lasslett had a misguided ./web_decision_Decision_Lasslett_K_13814_for_WEB.pdf-sense of friendship towards Pupil A which satisfied his desire to be popular amongst ./web_decision_Decision_Lasslett_K_13814_for_WEB.pdf-pupils. Accordingly, the panel finds this allegation not proven. ./web_decision_Decision_Lasslett_K_13814_for_WEB.pdf- ./web_decision_Decision_Lasslett_K_13814_for_WEB.pdf-Findings as to unacceptable professional conduct and/or conduct that ./web_decision_Decision_Lasslett_K_13814_for_WEB.pdf-may bring the profession into disrepute ./web_decision_Decision_Lasslett_K_13814_for_WEB.pdf-Having found a number of the allegations to have been proven, the panel has gone on to ./web_decision_Decision_Lasslett_K_13814_for_WEB.pdf-consider whether the facts of those proven allegations amount to unacceptable ./web_decision_Decision_Lasslett_K_13814_for_WEB.pdf-professional conduct and/or conduct that may bring the profession into disrepute. ./web_decision_Decision_Lasslett_K_13814_for_WEB.pdf- ./web_decision_Decision_Lasslett_K_13814_for_WEB.pdf-In doing so, the panel has had regard to the document Teacher Misconduct: The ./Web_Decision_for_Benjamin_Hannen.pdf-B. Allegations ./Web_Decision_for_Benjamin_Hannen.pdf-The panel considered the allegation set out in the Notice of Meeting dated 14 March ./Web_Decision_for_Benjamin_Hannen.pdf-2016. ./Web_Decision_for_Benjamin_Hannen.pdf- ./Web_Decision_for_Benjamin_Hannen.pdf-It was alleged that Mr Benjamin Hannen was guilty of conviction of a relevant offence in ./Web_Decision_for_Benjamin_Hannen.pdf-that: ./Web_Decision_for_Benjamin_Hannen.pdf- ./Web_Decision_for_Benjamin_Hannen.pdf-On 28 October 2013 at Aylesbury Crown Court, he was convicted of the offence of ./Web_Decision_for_Benjamin_Hannen.pdf:sexual activity with a female aged 13 -17 (the defendant does not believe the victim was ./Web_Decision_for_Benjamin_Hannen.pdf-over 18) and abuse of a position of trust, contrary to Section 16(1) (e) (i) of the Sexual ./Web_Decision_for_Benjamin_Hannen.pdf-Offences Act 2003. On 23 December 2013, he was: ./Web_Decision_for_Benjamin_Hannen.pdf- ./Web_Decision_for_Benjamin_Hannen.pdf-a) sentenced to a community order for 3 years (with a supervision and programme ./Web_Decision_for_Benjamin_Hannen.pdf- requirement) ./Web_Decision_for_Benjamin_Hannen.pdf- ./Web_Decision_for_Benjamin_Hannen.pdf:b) listed on the sex offenders register for 5 years ./Web_Decision_for_Benjamin_Hannen.pdf- ./Web_Decision_for_Benjamin_Hannen.pdf-c) ordered to pay costs of £3,500 ./Web_Decision_for_Benjamin_Hannen.pdf- ./Web_Decision_for_Benjamin_Hannen.pdf-Mr Benjamin Hannen admitted that he had been convicted of the above offence. Mr ./Web_Decision_for_Benjamin_Hannen.pdf-Hannen also admitted that the conviction was for a relevant offence. ./Web_Decision_for_Benjamin_Hannen.pdf- ./Web_Decision_for_Benjamin_Hannen.pdf- ./Web_Decision_for_Benjamin_Hannen.pdf-C. Preliminary applications ./Web_Decision_for_Benjamin_Hannen.pdf-There were no preliminary applications. ./Web_Decision_for_Benjamin_Hannen.pdf- -- ./Web_Decision_for_Benjamin_Hannen.pdf- ./Web_Decision_for_Benjamin_Hannen.pdf-The panel has carefully considered the case and has reached a decision. ./Web_Decision_for_Benjamin_Hannen.pdf- ./Web_Decision_for_Benjamin_Hannen.pdf-The panel confirms that it has read all the documents provided in the bundle in advance ./Web_Decision_for_Benjamin_Hannen.pdf-of the hearing. ./Web_Decision_for_Benjamin_Hannen.pdf- ./Web_Decision_for_Benjamin_Hannen.pdf-Mr Hannen had previously been employed and worked as a teacher at a school in ./Web_Decision_for_Benjamin_Hannen.pdf-England. From 2 October 2007, he was employed at another school ('the School') as a ./Web_Decision_for_Benjamin_Hannen.pdf-science technician. He was suspended from the school with effect from 24 September ./Web_Decision_for_Benjamin_Hannen.pdf-2012. On 10 October 2013, Mr Hannen resigned from the school. On 28 October 2013, ./Web_Decision_for_Benjamin_Hannen.pdf:he was convicted at Aylesbury Crown Court of the offence of sexual activity with a female ./Web_Decision_for_Benjamin_Hannen.pdf-aged 13 to 17, contrary to Section 16(1)(e)(i) of the Sexual Offences Act 2003. He was ./Web_Decision_for_Benjamin_Hannen.pdf-sentenced, as set out in the charge on 23 December 2013. ./Web_Decision_for_Benjamin_Hannen.pdf- ./Web_Decision_for_Benjamin_Hannen.pdf-Findings of fact ./Web_Decision_for_Benjamin_Hannen.pdf-The panel's findings of fact are as follows: ./Web_Decision_for_Benjamin_Hannen.pdf- ./Web_Decision_for_Benjamin_Hannen.pdf-It was alleged that Mr Benjamin Hannen was guilty of conviction of a relevant ./Web_Decision_for_Benjamin_Hannen.pdf-offence in that: ./Web_Decision_for_Benjamin_Hannen.pdf- ./Web_Decision_for_Benjamin_Hannen.pdf-On 28 October 2013 at Aylesbury Crown Court, he was convicted of the offence of ./Web_Decision_for_Benjamin_Hannen.pdf:sexual activity with a female aged 13 -17 (the defendant does not believe the victim ./Web_Decision_for_Benjamin_Hannen.pdf-was over 18) and abuse of a position of trust, contrary to Section 16(1) (e) (i) of the ./Web_Decision_for_Benjamin_Hannen.pdf-Sexual Offences Act 2003. On 23 December 2013, he was: ./Web_Decision_for_Benjamin_Hannen.pdf- ./Web_Decision_for_Benjamin_Hannen.pdf-a) sentenced to a community order for 3 years (with a supervision and programme ./Web_Decision_for_Benjamin_Hannen.pdf- requirement); ./Web_Decision_for_Benjamin_Hannen.pdf- ./Web_Decision_for_Benjamin_Hannen.pdf:b) listed on the sex offenders register for 5 years ./Web_Decision_for_Benjamin_Hannen.pdf- ./Web_Decision_for_Benjamin_Hannen.pdf-c) ordered to pay costs of £3,500 ./Web_Decision_for_Benjamin_Hannen.pdf- ./Web_Decision_for_Benjamin_Hannen.pdf-Mr Hannen admits that he was convicted of the offence concerned and he has signed a ./Web_Decision_for_Benjamin_Hannen.pdf-Statement of Agreed Facts. The panel has also been provided with a copy of the ./Web_Decision_for_Benjamin_Hannen.pdf-certificate of conviction from Aylesbury Crown Court. The panel finds the facts proved on ./Web_Decision_for_Benjamin_Hannen.pdf-the basis of Mr Hannen's admissions, the Statement of Agreed Facts and the certificate ./Web_Decision_for_Benjamin_Hannen.pdf-of conviction. ./Web_Decision_for_Benjamin_Hannen.pdf- ./Web_Decision_for_Benjamin_Hannen.pdf- -- ./Web_Decision_for_Benjamin_Hannen.pdf-Findings as to conviction of a relevant offence ./Web_Decision_for_Benjamin_Hannen.pdf-Mr Hannen admits that the conviction was for a relevant offence. The panel has taken ./Web_Decision_for_Benjamin_Hannen.pdf-this admission into account, but has formed its own judgment. ./Web_Decision_for_Benjamin_Hannen.pdf- ./Web_Decision_for_Benjamin_Hannen.pdf-Although Mr Hannen is a qualified teacher, at the time of the offence and throughout his ./Web_Decision_for_Benjamin_Hannen.pdf-employment at the school, he was employed as a science technician. Relevance in the ./Web_Decision_for_Benjamin_Hannen.pdf-context of a relevant offence refers to a person's fitness to be a teacher, rather than their ./Web_Decision_for_Benjamin_Hannen.pdf-role at the time of the offence. Due to the breach of trust element, Mr Hannen's conviction ./Web_Decision_for_Benjamin_Hannen.pdf-was for an offence which is relevant to teaching, working with children and/or working in ./Web_Decision_for_Benjamin_Hannen.pdf:an education setting. Furthermore, the offence involved sexual activity. ./Web_Decision_for_Benjamin_Hannen.pdf- ./Web_Decision_for_Benjamin_Hannen.pdf-The panel finds the offending behaviour that led to the conviction is relevant to Mr ./Web_Decision_for_Benjamin_Hannen.pdf-Hannen's suitability to teach. Although Mr Hannen was not a teacher at the time of the ./Web_Decision_for_Benjamin_Hannen.pdf-offence, the panel still considers that a finding that this conviction is a relevant offence is ./Web_Decision_for_Benjamin_Hannen.pdf-necessary to reaffirm clear standards of conduct so as to maintain public confidence in ./Web_Decision_for_Benjamin_Hannen.pdf-the teaching profession. ./Web_Decision_for_Benjamin_Hannen.pdf- ./Web_Decision_for_Benjamin_Hannen.pdf-Accordingly, the panel is satisfied that Mr Hannen has been convicted of a relevant ./Web_Decision_for_Benjamin_Hannen.pdf-offence. ./Web_Decision_for_Benjamin_Hannen.pdf- -- ./Web_Decision_for_Benjamin_Hannen.pdf-Notwithstanding the clear public interest considerations that were present, the panel ./Web_Decision_for_Benjamin_Hannen.pdf-considered carefully whether or not it would be proportionate to impose a prohibition ./Web_Decision_for_Benjamin_Hannen.pdf-order taking into account the effect that this would have on Mr Hannen. ./Web_Decision_for_Benjamin_Hannen.pdf- ./Web_Decision_for_Benjamin_Hannen.pdf-In carrying out the balancing exercise the panel has considered the public interest ./Web_Decision_for_Benjamin_Hannen.pdf-considerations both in favour of and against prohibition as well as the interests of Mr ./Web_Decision_for_Benjamin_Hannen.pdf-Hannen. The panel took further account of the Advice, which suggests that a prohibition ./Web_Decision_for_Benjamin_Hannen.pdf-order may be appropriate if certain behaviours of a teacher have been proven. In the list ./Web_Decision_for_Benjamin_Hannen.pdf-of such behaviours, the following is relevant in this case: ./Web_Decision_for_Benjamin_Hannen.pdf- ./Web_Decision_for_Benjamin_Hannen.pdf:  sexual misconduct, involving actions of a sexual nature. ./Web_Decision_for_Benjamin_Hannen.pdf:The offence for which Mr Hannen was convicted involves sexual activity when in a ./Web_Decision_for_Benjamin_Hannen.pdf-position of trust. However, the panel found that there is no evidence in this case of active ./Web_Decision_for_Benjamin_Hannen.pdf-exploitation by Mr Hannen of his position of trust as a member of the school staff. ./Web_Decision_for_Benjamin_Hannen.pdf- ./Web_Decision_for_Benjamin_Hannen.pdf-Even though there were behaviours that would point to a prohibition order being ./Web_Decision_for_Benjamin_Hannen.pdf-appropriate, the panel went on to consider whether or not there were sufficient mitigating ./Web_Decision_for_Benjamin_Hannen.pdf-factors to militate against a prohibition order being an appropriate and proportionate ./Web_Decision_for_Benjamin_Hannen.pdf-measure to impose, particularly taking into account the nature of the behaviour in this ./Web_Decision_for_Benjamin_Hannen.pdf-case. ./Web_Decision_for_Benjamin_Hannen.pdf- ./Web_Decision_for_Benjamin_Hannen.pdf-Mr Hannen did have a previously good history and the panel accepts that the incident -- ./Web_Decision_for_Benjamin_Hannen.pdf- Accordingly, the panel makes a recommendation to the Secretary of State that a ./Web_Decision_for_Benjamin_Hannen.pdf-prohibition order should be imposed with immediate effect. ./Web_Decision_for_Benjamin_Hannen.pdf- ./Web_Decision_for_Benjamin_Hannen.pdf-The panel went on to consider whether or not it would be appropriate to recommend that ./Web_Decision_for_Benjamin_Hannen.pdf-a review period of the order should be considered. The panel was mindful that a ./Web_Decision_for_Benjamin_Hannen.pdf-prohibition order applies for life, but there may be circumstances that may make it ./Web_Decision_for_Benjamin_Hannen.pdf-appropriate to allow Mr Hannen to apply to have the prohibition order reviewed after a ./Web_Decision_for_Benjamin_Hannen.pdf-specified period of time that may not be less than 2 years. ./Web_Decision_for_Benjamin_Hannen.pdf- ./Web_Decision_for_Benjamin_Hannen.pdf-The Advice indicates that there are behaviours that, if proven, would militate against a ./Web_Decision_for_Benjamin_Hannen.pdf:review period being recommended. These behaviours include serious sexual ./Web_Decision_for_Benjamin_Hannen.pdf-misconduct. In this context the panel noted that the sentencing judge took into account ./Web_Decision_for_Benjamin_Hannen.pdf-the fact that Mr Hannen's behaviour, 'went no further than kissing'. The judge also ./Web_Decision_for_Benjamin_Hannen.pdf-described Mr Hannen's conduct as being, 'within the lowest bracket of the sentencing ./Web_Decision_for_Benjamin_Hannen.pdf-guidelines'. The court imposed a community order rather than a custodial sentence. ./Web_Decision_for_Benjamin_Hannen.pdf- ./Web_Decision_for_Benjamin_Hannen.pdf-In the spectrum of cases that come before the National College the panel is of the view ./Web_Decision_for_Benjamin_Hannen.pdf:that this case has none of the characterstics of serious sexual misconduct with which it ./Web_Decision_for_Benjamin_Hannen.pdf-sometimes has to deal. ./Web_Decision_for_Benjamin_Hannen.pdf- ./Web_Decision_for_Benjamin_Hannen.pdf-As referred to above, Mr Hannen has fully engaged with the Thames Valley Sex Offender ./Web_Decision_for_Benjamin_Hannen.pdf-programme and has demonstrated insight into his actions that led to the conviction. The ./Web_Decision_for_Benjamin_Hannen.pdf-panel considers that Mr Hannen's expressions of regret are genuine. The panel further ./Web_Decision_for_Benjamin_Hannen.pdf-took into account the detailed assessment of risk of repetition conducted by the National ./Web_Decision_for_Benjamin_Hannen.pdf-Offender Management Service. That assessment classified the risk as low and made no ./Web_Decision_for_Benjamin_Hannen.pdf-recommendations for 'additional ongoing risk management.' ./Web_Decision_for_Benjamin_Hannen.pdf- ./Web_Decision_for_Benjamin_Hannen.pdf-The panel felt the findings indicated a situation in which a review period would be -- ./Web_Decision_for_Benjamin_Hannen.pdf-public is not relevant. ./Web_Decision_for_Benjamin_Hannen.pdf- ./Web_Decision_for_Benjamin_Hannen.pdf-I note that the panel reference a ‘Sexual Offending’ report which confirms Mr Hannen has ./Web_Decision_for_Benjamin_Hannen.pdf-engaged fully and sincerely with the programme, is in control of his behaviour and his risk ./Web_Decision_for_Benjamin_Hannen.pdf-of reoffending is low. I agree with the panel however, that the public interest could be ./Web_Decision_for_Benjamin_Hannen.pdf-undermined if conduct such as that found against Mr Hannen were not treated with the ./Web_Decision_for_Benjamin_Hannen.pdf-utmost seriousness. ./Web_Decision_for_Benjamin_Hannen.pdf- ./Web_Decision_for_Benjamin_Hannen.pdf-I have taken into account the need to balance the public interest with the interests of Mr ./Web_Decision_for_Benjamin_Hannen.pdf-Hannen. I note that although the offence for which Mr Hannen was convicted involves ./Web_Decision_for_Benjamin_Hannen.pdf:sexual activity, the panel found no evidence in this case of active exploitation by Mr ./Web_Decision_for_Benjamin_Hannen.pdf-Hannen, of his position of trust as a member of school staff. The panel accepts that the ./Web_Decision_for_Benjamin_Hannen.pdf-incident was out of character. The panel is also satisfied that Mr Hannen had no intention ./Web_Decision_for_Benjamin_Hannen.pdf-to break the law and he was unaware of the legal requirements that applied to him as a ./Web_Decision_for_Benjamin_Hannen.pdf-member of staff at the school. ./Web_Decision_for_Benjamin_Hannen.pdf- ./Web_Decision_for_Benjamin_Hannen.pdf-The panel is of the view that prohibition is both proportionate and appropriate. The panel ./Web_Decision_for_Benjamin_Hannen.pdf-has decided that the public interest considerations outweigh the interests of Mr Hannen. I ./Web_Decision_for_Benjamin_Hannen.pdf-agree with the panel’s view. I support the recommendation of the panel that Mr Hannen ./Web_Decision_for_Benjamin_Hannen.pdf-be prohibited. I agree that this is both proportionate and appropriate. ./Web_Decision_for_Benjamin_Hannen.pdf- ./Web_Decision_for_Benjamin_Hannen.pdf-I have also considered the matter of a review period. Whilst any allegation involving ./Web_Decision_for_Benjamin_Hannen.pdf:sexual misconduct is serious, I agree with the panel’s view that, in the spectrum of cases ./Web_Decision_for_Benjamin_Hannen.pdf:which come before the NCTL, this case has none of the characteristics of serious sexual ./Web_Decision_for_Benjamin_Hannen.pdf-misconduct with which it sometimes has to deal. I note the panel’s view that Mr Hannen ./Web_Decision_for_Benjamin_Hannen.pdf-has demonstrated insight into his actions that led to the conviction, and that his ./Web_Decision_for_Benjamin_Hannen.pdf-expressions of regret are genuine. I note that the National Offender Management Service ./Web_Decision_for_Benjamin_Hannen.pdf-assessed the risk of repetition as low, and have made no recommendations for ./Web_Decision_for_Benjamin_Hannen.pdf-‘additional ongoing risk management’. ./Web_Decision_for_Benjamin_Hannen.pdf- ./Web_Decision_for_Benjamin_Hannen.pdf-The panel felt the findings indicated a situation where a review period would be ./Web_Decision_for_Benjamin_Hannen.pdf-appropriate, and recommend that Mr Hannen be allowed to apply for a review after a ./Web_Decision_for_Benjamin_Hannen.pdf-period of 2 years. For the reasons set out above, I agree with the panel’s ./Web_Decision_for_Benjamin_Hannen.pdf-recommendation. ./Web_Decision_for_Harrison__Suzanne_17118.pdf-B. Allegations ./Web_Decision_for_Harrison__Suzanne_17118.pdf-The panel considered the allegations set out in the Notice of Meeting dated 16 November ./Web_Decision_for_Harrison__Suzanne_17118.pdf-2018. ./Web_Decision_for_Harrison__Suzanne_17118.pdf- ./Web_Decision_for_Harrison__Suzanne_17118.pdf-It was alleged that Ms Suzanne Harrison had been convicted, at any time, of the ./Web_Decision_for_Harrison__Suzanne_17118.pdf-following relevant offences: ./Web_Decision_for_Harrison__Suzanne_17118.pdf- ./Web_Decision_for_Harrison__Suzanne_17118.pdf- 1. Sexual activity with a female 13-17 offender does not believe victim is over ./Web_Decision_for_Harrison__Suzanne_17118.pdf- 18 abuse of position of trust on 01/12/2005 – 31/12/2005 Sexual Offences ./Web_Decision_for_Harrison__Suzanne_17118.pdf: Act 2003 s.16(1) e (i) Hospital Order concurrent sex offenders notice 7 ./Web_Decision_for_Harrison__Suzanne_17118.pdf- years ./Web_Decision_for_Harrison__Suzanne_17118.pdf- ./Web_Decision_for_Harrison__Suzanne_17118.pdf- 2. Sexual activity with a female child under 16 - offender 18 or over- no ./Web_Decision_for_Harrison__Suzanne_17118.pdf- penetration on 01/12/2005 Sexual Offences Act 2003 s.9 (a) Hospital Order ./Web_Decision_for_Harrison__Suzanne_17118.pdf- ./Web_Decision_for_Harrison__Suzanne_17118.pdf- 3. Sexual activity with a female child under 16 - offender 18 or over- no ./Web_Decision_for_Harrison__Suzanne_17118.pdf- penetration on 01/12/2005 Sexual Offences Act 2003 s.9 (a) Hospital Order ./Web_Decision_for_Harrison__Suzanne_17118.pdf- concurrent ./Web_Decision_for_Harrison__Suzanne_17118.pdf- ./Web_Decision_for_Harrison__Suzanne_17118.pdf- 4. Sexual activity female child U16 - offender 18 or over penetrate -- ./Web_Decision_for_Harrison__Suzanne_17118.pdf- ./Web_Decision_for_Harrison__Suzanne_17118.pdf-Ms Suzanne Harrison was a teacher employed to teach geography at Philip Morant ./Web_Decision_for_Harrison__Suzanne_17118.pdf-School, Colchester ("the School") between November 2004 and July 2006. The School is ./Web_Decision_for_Harrison__Suzanne_17118.pdf-a mixed school for pupils aged 11 to 18. Pupil A was a pupil at the School. Ms Harrison ./Web_Decision_for_Harrison__Suzanne_17118.pdf-taught Pupil A geography from November 2004. ./Web_Decision_for_Harrison__Suzanne_17118.pdf- ./Web_Decision_for_Harrison__Suzanne_17118.pdf-Between February 2005 and about 2010, Ms Harrison became and remained a close ./Web_Decision_for_Harrison__Suzanne_17118.pdf-friend of Pupil A's family. She would accompany them on [Redacted]. ./Web_Decision_for_Harrison__Suzanne_17118.pdf- ./Web_Decision_for_Harrison__Suzanne_17118.pdf-In January 2006, while Ms Harrison was minding Pupil A and Pupil A's sister at Ms ./Web_Decision_for_Harrison__Suzanne_17118.pdf:Harrison's house in the absence of their parents, a sexual encounter took place between ./Web_Decision_for_Harrison__Suzanne_17118.pdf:Pupil A and Ms Harrison. Pupil A was aged 15 at the time. A sexual relationship between ./Web_Decision_for_Harrison__Suzanne_17118.pdf-Ms Harrison and Pupil A continued for approximately four years thereafter. ./Web_Decision_for_Harrison__Suzanne_17118.pdf- ./Web_Decision_for_Harrison__Suzanne_17118.pdf- 5 ./Web_Decision_for_Harrison__Suzanne_17118.pdf- -- ./Web_Decision_for_Harrison__Suzanne_17118.pdf- 1. Sexual activity with a child under 16 - offender 18 or over- no ./Web_Decision_for_Harrison__Suzanne_17118.pdf- penetration contrary to section 9(1) of the Sexual Offences Act 2003 ./Web_Decision_for_Harrison__Suzanne_17118.pdf- ./Web_Decision_for_Harrison__Suzanne_17118.pdf- 2. Sexual activity with a child under 16 - offender 18 or over- no ./Web_Decision_for_Harrison__Suzanne_17118.pdf- penetration contrary to section 9(1) of the Sexual Offences Act 2003 ./Web_Decision_for_Harrison__Suzanne_17118.pdf- ./Web_Decision_for_Harrison__Suzanne_17118.pdf- 3. Sexual activity child under 16 - offender 18 or over penetration of ./Web_Decision_for_Harrison__Suzanne_17118.pdf- anus/vagina/mouth by penis/body part contrary to section 9(1) of the ./Web_Decision_for_Harrison__Suzanne_17118.pdf- Sexual Offences Act 2003 ./Web_Decision_for_Harrison__Suzanne_17118.pdf- ./Web_Decision_for_Harrison__Suzanne_17118.pdf: 4. Engaging in sexual activity while in a position of trust contrary to ./Web_Decision_for_Harrison__Suzanne_17118.pdf- section 16(1) and (2) of the Sexual Offences Act 2003 ./Web_Decision_for_Harrison__Suzanne_17118.pdf- ./Web_Decision_for_Harrison__Suzanne_17118.pdf- These convictions took place on 11 August 2011 at Ipswich Crown ./Web_Decision_for_Harrison__Suzanne_17118.pdf- Court on a guilty plea. ./Web_Decision_for_Harrison__Suzanne_17118.pdf- ./Web_Decision_for_Harrison__Suzanne_17118.pdf-Ms Harrison has admitted the alleged facts. The panel is satisfied that Ms Harrison was ./Web_Decision_for_Harrison__Suzanne_17118.pdf-convicted of the offences concerned. ./Web_Decision_for_Harrison__Suzanne_17118.pdf- ./Web_Decision_for_Harrison__Suzanne_17118.pdf-The panel finds allegations 1 to 4 proved. ./Web_Decision_for_Harrison__Suzanne_17118.pdf- -- ./Web_Decision_for_Harrison__Suzanne_17118.pdf- practices of the school in which they teach, and maintain high standards in their ./Web_Decision_for_Harrison__Suzanne_17118.pdf- own attendance and punctuality. ./Web_Decision_for_Harrison__Suzanne_17118.pdf- • Teachers must have an understanding of, and always act within, the statutory ./Web_Decision_for_Harrison__Suzanne_17118.pdf- frameworks which set out their professional duties and responsibilities. ./Web_Decision_for_Harrison__Suzanne_17118.pdf-The panel noted that Ms Harrison's actions were relevant to teaching given that Pupil A ./Web_Decision_for_Harrison__Suzanne_17118.pdf-was her pupil. ./Web_Decision_for_Harrison__Suzanne_17118.pdf- ./Web_Decision_for_Harrison__Suzanne_17118.pdf-The panel noted that the behaviour involved in committing the offence involved the most ./Web_Decision_for_Harrison__Suzanne_17118.pdf-severe breach of boundaries, not only as a teacher, but also as a friend of Pupil A's ./Web_Decision_for_Harrison__Suzanne_17118.pdf-family. Whilst there is no evidence of an effect on the wellbeing of the pupil, Pupil A was ./Web_Decision_for_Harrison__Suzanne_17118.pdf:brought into a sexual relationship at an age where by law and for her own protection that ./Web_Decision_for_Harrison__Suzanne_17118.pdf-relationship was criminalised. The panel took note of the fact that public policy presumes ./Web_Decision_for_Harrison__Suzanne_17118.pdf-harm or risk of harm from such relationships. ./Web_Decision_for_Harrison__Suzanne_17118.pdf- ./Web_Decision_for_Harrison__Suzanne_17118.pdf-The teacher's relationship with the family began as a result of her status as a teacher. Ms ./Web_Decision_for_Harrison__Suzanne_17118.pdf-Harrison's actions involved a double abuse of trust; firstly the pupil/teacher relationship ./Web_Decision_for_Harrison__Suzanne_17118.pdf-and secondly the family friend relationship. ./Web_Decision_for_Harrison__Suzanne_17118.pdf- ./Web_Decision_for_Harrison__Suzanne_17118.pdf-The panel has also taken account of how the teaching profession is viewed by others. ./Web_Decision_for_Harrison__Suzanne_17118.pdf-The panel considered that Ms Harrison's behaviour in committing the offences is likely to ./Web_Decision_for_Harrison__Suzanne_17118.pdf- -- ./Web_Decision_for_Harrison__Suzanne_17118.pdf-affect the public confidence in the teaching profession given the influence that teachers ./Web_Decision_for_Harrison__Suzanne_17118.pdf-may have on pupils, parents and others in the community. ./Web_Decision_for_Harrison__Suzanne_17118.pdf- ./Web_Decision_for_Harrison__Suzanne_17118.pdf:The offences involved sexual activity, which the Advice states is likely to be considered a ./Web_Decision_for_Harrison__Suzanne_17118.pdf-relevant offence. ./Web_Decision_for_Harrison__Suzanne_17118.pdf- ./Web_Decision_for_Harrison__Suzanne_17118.pdf-The panel has found the seriousness of the offending behaviour that led to the ./Web_Decision_for_Harrison__Suzanne_17118.pdf-convictions is relevant to the teacher’s ongoing suitability to teach. The panel considers ./Web_Decision_for_Harrison__Suzanne_17118.pdf-that a finding that these convictions are relevant offences is necessary to reaffirm clear ./Web_Decision_for_Harrison__Suzanne_17118.pdf-standards of conduct so as to maintain public confidence in the teaching profession. ./Web_Decision_for_Harrison__Suzanne_17118.pdf- ./Web_Decision_for_Harrison__Suzanne_17118.pdf-Panel’s recommendation to the Secretary of State ./Web_Decision_for_Harrison__Suzanne_17118.pdf-Given the panel’s findings in respect of conviction of relevant offences, it is necessary for ./Web_Decision_for_Harrison__Suzanne_17118.pdf-the panel to go on to consider whether it would be appropriate to recommend the -- ./Web_Decision_for_Harrison__Suzanne_17118.pdf-measure, and whether it is in the public interest to do so. Prohibition orders should not be ./Web_Decision_for_Harrison__Suzanne_17118.pdf-given in order to be punitive, or to show that blame has been apportioned, although they ./Web_Decision_for_Harrison__Suzanne_17118.pdf-are likely to have punitive effect. ./Web_Decision_for_Harrison__Suzanne_17118.pdf- ./Web_Decision_for_Harrison__Suzanne_17118.pdf-The panel has considered the particular public interest considerations set out in the ./Web_Decision_for_Harrison__Suzanne_17118.pdf-Advice and having done so has found a number of them to be relevant in this case, ./Web_Decision_for_Harrison__Suzanne_17118.pdf-namely the protection of pupils, the maintenance of public confidence in the profession ./Web_Decision_for_Harrison__Suzanne_17118.pdf-and declaring and upholding proper standards of conduct. ./Web_Decision_for_Harrison__Suzanne_17118.pdf- ./Web_Decision_for_Harrison__Suzanne_17118.pdf-There is a strong public interest consideration in respect of the protection of pupils given ./Web_Decision_for_Harrison__Suzanne_17118.pdf:the serious findings of an inappropriate sexual relationship with a pupil. The panel notes ./Web_Decision_for_Harrison__Suzanne_17118.pdf-that Ms Harrison has demonstrated remorse for her actions and significant insight into ./Web_Decision_for_Harrison__Suzanne_17118.pdf-the impact they may have had on the pupil. [Redacted]. However, given the serious and ./Web_Decision_for_Harrison__Suzanne_17118.pdf-sustained nature of the offences, the panel is of the view that public interest ./Web_Decision_for_Harrison__Suzanne_17118.pdf-considerations regarding the protection of pupils remain relevant. ./Web_Decision_for_Harrison__Suzanne_17118.pdf- ./Web_Decision_for_Harrison__Suzanne_17118.pdf-Similarly, the panel considers that public confidence in the profession could be seriously ./Web_Decision_for_Harrison__Suzanne_17118.pdf-weakened if conduct such as that found against Ms Harrison were not treated with the ./Web_Decision_for_Harrison__Suzanne_17118.pdf-utmost seriousness when regulating the conduct of the profession. ./Web_Decision_for_Harrison__Suzanne_17118.pdf- ./Web_Decision_for_Harrison__Suzanne_17118.pdf-The panel considered that a strong public interest consideration in declaring proper -- ./Web_Decision_for_Harrison__Suzanne_17118.pdf-order may be appropriate if certain behaviours of a teacher have been proven. In the list ./Web_Decision_for_Harrison__Suzanne_17118.pdf-of such behaviours, those that are relevant in this case are: ./Web_Decision_for_Harrison__Suzanne_17118.pdf- ./Web_Decision_for_Harrison__Suzanne_17118.pdf- • serious departure from the personal and professional conduct elements of the ./Web_Decision_for_Harrison__Suzanne_17118.pdf- Teachers’ Standards; ./Web_Decision_for_Harrison__Suzanne_17118.pdf- • misconduct seriously affecting the education and/or well-being of pupils, and ./Web_Decision_for_Harrison__Suzanne_17118.pdf- particularly where there is a continuing risk; ./Web_Decision_for_Harrison__Suzanne_17118.pdf- • a deep-seated attitude that leads to harmful behaviour; ./Web_Decision_for_Harrison__Suzanne_17118.pdf- • abuse of position or trust (particularly involving vulnerable pupils) or violation of the ./Web_Decision_for_Harrison__Suzanne_17118.pdf- rights of pupils; ./Web_Decision_for_Harrison__Suzanne_17118.pdf: • sexual misconduct, eg involving actions that were sexually motivated or of a ./Web_Decision_for_Harrison__Suzanne_17118.pdf: sexual nature and/or that use or exploit the trust, knowledge or influence derived ./Web_Decision_for_Harrison__Suzanne_17118.pdf- from the individual’s professional position; ./Web_Decision_for_Harrison__Suzanne_17118.pdf- • the commission of a serious criminal offence, including those that resulted in a ./Web_Decision_for_Harrison__Suzanne_17118.pdf- conviction or caution, paying particular attention to offences that are ‘relevant ./Web_Decision_for_Harrison__Suzanne_17118.pdf- matters’ for the purposes of The Police Act 1997 and criminal record disclosures. ./Web_Decision_for_Harrison__Suzanne_17118.pdf-Even though there were behaviours that would point to a prohibition order being ./Web_Decision_for_Harrison__Suzanne_17118.pdf-appropriate, the panel went on to consider whether or not there were sufficient mitigating ./Web_Decision_for_Harrison__Suzanne_17118.pdf-factors to militate against a prohibition order being an appropriate and proportionate ./Web_Decision_for_Harrison__Suzanne_17118.pdf-measure to impose, particularly taking into account the nature and severity of the ./Web_Decision_for_Harrison__Suzanne_17118.pdf-behaviour in this case. ./Web_Decision_for_Harrison__Suzanne_17118.pdf- -- ./Web_Decision_for_Harrison__Suzanne_17118.pdf- ./Web_Decision_for_Harrison__Suzanne_17118.pdf-[Redacted] ./Web_Decision_for_Harrison__Suzanne_17118.pdf- ./Web_Decision_for_Harrison__Suzanne_17118.pdf-The panel went on to consider whether or not it would be appropriate to recommend that ./Web_Decision_for_Harrison__Suzanne_17118.pdf-a review period of the order should be considered. The panel was mindful that a ./Web_Decision_for_Harrison__Suzanne_17118.pdf-prohibition order applies for life, but there may be circumstances in any given case that ./Web_Decision_for_Harrison__Suzanne_17118.pdf-may make it appropriate to allow a teacher to apply to have the prohibition order ./Web_Decision_for_Harrison__Suzanne_17118.pdf-reviewed after a specified period of time that may not be less than two years. ./Web_Decision_for_Harrison__Suzanne_17118.pdf- ./Web_Decision_for_Harrison__Suzanne_17118.pdf-The Advice indicates that there are behaviours that, if proven, would militate against a ./Web_Decision_for_Harrison__Suzanne_17118.pdf:review period being recommended. These behaviours include serious sexual ./Web_Decision_for_Harrison__Suzanne_17118.pdf:misconduct, eg where the act was sexually motivated and resulted in or had the potential ./Web_Decision_for_Harrison__Suzanne_17118.pdf-to result in, harm to a person or persons, particularly where the individual has used their ./Web_Decision_for_Harrison__Suzanne_17118.pdf-professional position to influence or exploit a person. ./Web_Decision_for_Harrison__Suzanne_17118.pdf- ./Web_Decision_for_Harrison__Suzanne_17118.pdf-The panel took into account the mitigating factors outlined above and concluded that this ./Web_Decision_for_Harrison__Suzanne_17118.pdf-was a situation in which a review period would not be appropriate. As such, the panel ./Web_Decision_for_Harrison__Suzanne_17118.pdf-decided that it would be proportionate in all the circumstances for the prohibition order to ./Web_Decision_for_Harrison__Suzanne_17118.pdf-be recommended without provisions for a review period. ./Web_Decision_for_Harrison__Suzanne_17118.pdf- ./Web_Decision_for_Harrison__Suzanne_17118.pdf-Decision and reasons on behalf of the Secretary of State ./Web_Decision_for_Harrison__Suzanne_17118.pdf-I have given very careful consideration to this case and to the recommendation of the -- ./Web_Decision_for_Harrison__Suzanne_17118.pdf- practices of the school in which they teach, and maintain high standards in their ./Web_Decision_for_Harrison__Suzanne_17118.pdf- own attendance and punctuality. ./Web_Decision_for_Harrison__Suzanne_17118.pdf- • Teachers must have an understanding of, and always act within, the statutory ./Web_Decision_for_Harrison__Suzanne_17118.pdf- frameworks which set out their professional duties and responsibilities. ./Web_Decision_for_Harrison__Suzanne_17118.pdf- ./Web_Decision_for_Harrison__Suzanne_17118.pdf- ./Web_Decision_for_Harrison__Suzanne_17118.pdf- ./Web_Decision_for_Harrison__Suzanne_17118.pdf-The panel finds that the conduct of Ms Harrison fell significantly short of the standards ./Web_Decision_for_Harrison__Suzanne_17118.pdf-expected of the profession. ./Web_Decision_for_Harrison__Suzanne_17118.pdf- ./Web_Decision_for_Harrison__Suzanne_17118.pdf:The findings of misconduct are particularly serious as they include a finding of sexual ./Web_Decision_for_Harrison__Suzanne_17118.pdf-misconduct. ./Web_Decision_for_Harrison__Suzanne_17118.pdf- ./Web_Decision_for_Harrison__Suzanne_17118.pdf-I have to determine whether the imposition of a prohibition order is proportionate and in ./Web_Decision_for_Harrison__Suzanne_17118.pdf-the public interest. In considering that for this case, I have considered the overall aim of a ./Web_Decision_for_Harrison__Suzanne_17118.pdf-prohibition order which is to protect pupils and to maintain public confidence in the ./Web_Decision_for_Harrison__Suzanne_17118.pdf-profession. I have considered the extent to which a prohibition order in this case would ./Web_Decision_for_Harrison__Suzanne_17118.pdf-achieve that aim taking into account the impact that it will have on the individual teacher. ./Web_Decision_for_Harrison__Suzanne_17118.pdf-I have also asked myself, whether a less intrusive measure, such as the published ./Web_Decision_for_Harrison__Suzanne_17118.pdf-finding of a relevant conviction, would itself be sufficient to achieve the overall aim. I have ./Web_Decision_for_Harrison__Suzanne_17118.pdf-to consider whether the consequences of such a publication are themselves sufficient. I ./Web_Decision_for_Harrison__Suzanne_17118.pdf-have considered therefore whether or not prohibion of Ms Harrison, and the impact that ./Web_Decision_for_Harrison__Suzanne_17118.pdf-will have on her, is proportionate and in the public interest. ./Web_Decision_for_Harrison__Suzanne_17118.pdf- ./Web_Decision_for_Harrison__Suzanne_17118.pdf-In this case, I have considered the extent to which a prohibition order would protect ./Web_Decision_for_Harrison__Suzanne_17118.pdf-children. The panel has observed, “strong public interest consideration in respect of the ./Web_Decision_for_Harrison__Suzanne_17118.pdf:protection of pupils given the serious findings of an inappropriate sexual relationship with ./Web_Decision_for_Harrison__Suzanne_17118.pdf-a pupil.” A prohibition order would therefore prevent such a risk from being present in the ./Web_Decision_for_Harrison__Suzanne_17118.pdf-future. I have also taken into account the panel’s comments on insight and remorse, ./Web_Decision_for_Harrison__Suzanne_17118.pdf-which the panel sets out as follows, “The panel notes that Ms Harrison has demonstrated ./Web_Decision_for_Harrison__Suzanne_17118.pdf-remorse for her actions and significant insight into the impact they may have had on the ./Web_Decision_for_Harrison__Suzanne_17118.pdf-pupil.” The panel has also commented that it had seen, “substantial evidence of insight ./Web_Decision_for_Harrison__Suzanne_17118.pdf-and and also notes the many positive comments made by medical professionals with ./Web_Decision_for_Harrison__Suzanne_17118.pdf-regard to her voluntary work.” I have therefore given this element weight in reaching my ./Web_Decision_for_Harrison__Suzanne_17118.pdf-decision. ./Web_Decision_for_Harrison__Suzanne_17118.pdf- ./Web_Decision_for_Harrison__Suzanne_17118.pdf- -- ./Web_Decision_for_Harrison__Suzanne_17118.pdf-I have gone on to consider the extent to which a prohibition order would maintain public ./Web_Decision_for_Harrison__Suzanne_17118.pdf-confidence in the profession. The panel say it, “considers that public confidence in the ./Web_Decision_for_Harrison__Suzanne_17118.pdf-profession could be seriously weakened if conduct such as that found against Ms ./Web_Decision_for_Harrison__Suzanne_17118.pdf-Harrison were not treated with the utmost seriousness when regulating the conduct of the ./Web_Decision_for_Harrison__Suzanne_17118.pdf:profession.” I am particularly mindful of the finding of sexual misconduct in this case and ./Web_Decision_for_Harrison__Suzanne_17118.pdf-the impact that such a finding has on the reputation of the profession. ./Web_Decision_for_Harrison__Suzanne_17118.pdf- ./Web_Decision_for_Harrison__Suzanne_17118.pdf-I have had to consider that the public has a high expectation of professional standards of ./Web_Decision_for_Harrison__Suzanne_17118.pdf-all teachers and that the public might regard a failure to impose a prohibition order as a ./Web_Decision_for_Harrison__Suzanne_17118.pdf-failure to uphold those high standards. In weighing these considerations, I have had to ./Web_Decision_for_Harrison__Suzanne_17118.pdf-consider the matter from the point of view of an “ordinary intelligent and well-informed ./Web_Decision_for_Harrison__Suzanne_17118.pdf-citizen.” ./Web_Decision_for_Harrison__Suzanne_17118.pdf- ./Web_Decision_for_Harrison__Suzanne_17118.pdf-I have considered whether the publication of a finding of a relevant conviction in the ./Web_Decision_for_Harrison__Suzanne_17118.pdf-absence of a prohibition order, can itself be regarded by such a person as being a -- ./Web_Decision_for_Harrison__Suzanne_17118.pdf-I have considered the panel’s comments “The Advice indicates that there are behaviours ./Web_Decision_for_Harrison__Suzanne_17118.pdf-that, if proven, would militate against a review period being recommended. These ./Web_Decision_for_Harrison__Suzanne_17118.pdf:behaviours include serious sexual misconduct, eg where the act was sexually motivated ./Web_Decision_for_Harrison__Suzanne_17118.pdf-and resulted in or had the potential to result in, harm to a person or persons, particularly ./Web_Decision_for_Harrison__Suzanne_17118.pdf-where the individual has used their professional position to influence or exploit a person.” ./Web_Decision_for_Harrison__Suzanne_17118.pdf- ./Web_Decision_for_Harrison__Suzanne_17118.pdf-The panel also say, “it took into account the mitigating factors outlined above and ./Web_Decision_for_Harrison__Suzanne_17118.pdf-concluded that this was a situation in which a review period would not be appropriate. As ./Web_Decision_for_Harrison__Suzanne_17118.pdf-such, the panel decided that it would be proportionate in all the circumstances for the ./Web_Decision_for_Harrison__Suzanne_17118.pdf-prohibition order to be recommended without provisions for a review period.” ./Web_Decision_for_Harrison__Suzanne_17118.pdf- ./Web_Decision_for_Harrison__Suzanne_17118.pdf-I have considered whether no provision for a review period reflects the seriousness of the ./Web_Decision_for_Harrison__Suzanne_17118.pdf-findings and is a proportionate period to achieve the aim of maintaining public confidence ./web_decision_Griffiths_14245.pdf-not consider that this was a case involving serious dishonesty as the Alton Towers’ trip ./web_decision_Griffiths_14245.pdf-appeared to be a one-off incident and it appears to have been done with the best of ./web_decision_Griffiths_14245.pdf-intentions. The panel has therefore not found any of these offences to be relevant. ./web_decision_Griffiths_14245.pdf- ./web_decision_Griffiths_14245.pdf-The panel notes that allegations 1(b) and 2 took place outside of the education setting. ./web_decision_Griffiths_14245.pdf-The panel considers that this conduct may lead to pupils being exposed if proper ./web_decision_Griffiths_14245.pdf-procedures are not followed. Further, it could lead to pupils becoming susceptible to ./web_decision_Griffiths_14245.pdf:possible grooming or other serious harm if they consider it to be usual for pupils to stay in ./web_decision_Griffiths_14245.pdf-touch with teachers or stay at teachers’ houses. ./web_decision_Griffiths_14245.pdf- ./web_decision_Griffiths_14245.pdf-The panel is satisfied that Mrs Griffiths is guilty of unacceptable professional conduct. ./web_decision_Griffiths_14245.pdf- ./web_decision_Griffiths_14245.pdf-With reference to conduct that may bring the profession into disrepute, the panel has ./web_decision_Griffiths_14245.pdf-taken into account how the teaching profession is viewed by others and considers the ./web_decision_Griffiths_14245.pdf-influence that teachers may have on pupils, parents and others in the community. The ./web_decision_Griffiths_14245.pdf-panel has taken account of the uniquely influential role that teachers can hold in pupils’ ./web_decision_Griffiths_14245.pdf-lives and that pupils must be able to view teachers as role models in the way they ./web_decision_Griffiths_14245.pdf-behave. ./Web_Decision_Hollingsworth_Kay.pdf-Teacher: Kay Elizabeth Hollingsworth ./Web_Decision_Hollingsworth_Kay.pdf- ./Web_Decision_Hollingsworth_Kay.pdf-Teacher ref number: 0638829 ./Web_Decision_Hollingsworth_Kay.pdf- ./Web_Decision_Hollingsworth_Kay.pdf-Teacher date of birth: 19 June 1985 ./Web_Decision_Hollingsworth_Kay.pdf- ./Web_Decision_Hollingsworth_Kay.pdf-NCTL case reference: 0014526 ./Web_Decision_Hollingsworth_Kay.pdf- ./Web_Decision_Hollingsworth_Kay.pdf-Date of determination: 23 May 2016 ./Web_Decision_Hollingsworth_Kay.pdf- ./Web_Decision_Hollingsworth_Kay.pdf:Former employer: Notley Green Primary School, Essex ./Web_Decision_Hollingsworth_Kay.pdf- ./Web_Decision_Hollingsworth_Kay.pdf- ./Web_Decision_Hollingsworth_Kay.pdf-A. Introduction ./Web_Decision_Hollingsworth_Kay.pdf-A professional conduct panel (“the panel”) of the National College for Teaching and ./Web_Decision_Hollingsworth_Kay.pdf-Leadership (“the National College”) convened on 23 May 2016 at 53 to 55 Butts Road, ./Web_Decision_Hollingsworth_Kay.pdf-Earlsdon Park, Coventry CV1 3BH to consider the case of Kay Elizabeth Hollingsworth. ./Web_Decision_Hollingsworth_Kay.pdf- ./Web_Decision_Hollingsworth_Kay.pdf-The panel members were Fiona Tankard (teacher panellist – in the chair), Martin ./Web_Decision_Hollingsworth_Kay.pdf-Greenslade (lay panellist) and Ann Walker (lay panellist). ./Web_Decision_Hollingsworth_Kay.pdf- -- ./Web_Decision_Hollingsworth_Kay.pdf-It was alleged that Miss Hollingsworth was guilty of unacceptable professional conduct ./Web_Decision_Hollingsworth_Kay.pdf-and/or conduct that may bring the profession into disrepute in that whilst employed at ./Web_Decision_Hollingsworth_Kay.pdf-Notley Green Primary School Miss Hollingsworth: ./Web_Decision_Hollingsworth_Kay.pdf- ./Web_Decision_Hollingsworth_Kay.pdf- 1. Failed to maintain professional boundaries with pupils in that she: ./Web_Decision_Hollingsworth_Kay.pdf- ./Web_Decision_Hollingsworth_Kay.pdf- a. engaged in inappropriate communication using social media with one or ./Web_Decision_Hollingsworth_Kay.pdf- more pupils; and ./Web_Decision_Hollingsworth_Kay.pdf- ./Web_Decision_Hollingsworth_Kay.pdf- b. sent inappropriate messages via social media, which included ./Web_Decision_Hollingsworth_Kay.pdf: conversations of a sexual nature, to one or more pupils. ./Web_Decision_Hollingsworth_Kay.pdf- ./Web_Decision_Hollingsworth_Kay.pdf-In the agreed statement of facts, Miss Hollingsworth admitted the facts of the allegations ./Web_Decision_Hollingsworth_Kay.pdf-and that they amounted to unacceptable professional conduct and conduct which may ./Web_Decision_Hollingsworth_Kay.pdf-bring the profession into disrepute. ./Web_Decision_Hollingsworth_Kay.pdf- ./Web_Decision_Hollingsworth_Kay.pdf- ./Web_Decision_Hollingsworth_Kay.pdf-C. Preliminary applications ./Web_Decision_Hollingsworth_Kay.pdf-Whilst there were no preliminary applications, the panel considered at the outset whether ./Web_Decision_Hollingsworth_Kay.pdf-the allegation should be considered at a public hearing which the parties would be ./Web_Decision_Hollingsworth_Kay.pdf-entitled to attend, or a private meeting without the parties present. The panel considered -- ./Web_Decision_Hollingsworth_Kay.pdf-Miss Hollingsworth was employed as a phase leader / class teacher at Notley Green ./Web_Decision_Hollingsworth_Kay.pdf-Primary School. In November 2014, the school’s Headteacher received a phone call from ./Web_Decision_Hollingsworth_Kay.pdf-the mother of Pupil C, who was a former female pupil of the school, who had concerns ./Web_Decision_Hollingsworth_Kay.pdf-that Miss Hollingsworth was having conversations with Pupil C via Instagram. The ./Web_Decision_Hollingsworth_Kay.pdf-Headteacher spoke to Miss Hollingsworth, following which Miss Hollingsworth agreed to ./Web_Decision_Hollingsworth_Kay.pdf-‘de-friend’ and cease social media contact with all current and former pupils. ./Web_Decision_Hollingsworth_Kay.pdf- ./Web_Decision_Hollingsworth_Kay.pdf-On 9 January 2015, Pupil A’s parents attended the school with screen shots of Instagram ./Web_Decision_Hollingsworth_Kay.pdf-messages passing between Miss Hollingsworth and Pupil A, who was a male pupil in ./Web_Decision_Hollingsworth_Kay.pdf-year 6 at the time. Miss Hollingsworth accepts that the messages she sent to Pupil A ./Web_Decision_Hollingsworth_Kay.pdf:were inappropriate and included sexual references, and also admits that she instigated ./Web_Decision_Hollingsworth_Kay.pdf-these conversations with Pupil A. Following the disclosure the matter was investigated ./Web_Decision_Hollingsworth_Kay.pdf-and during the course of those investigations it became apparent that Miss Hollingsworth ./Web_Decision_Hollingsworth_Kay.pdf-had also had conversations on Snapchat with Pupil B, who was a former male pupil of ./Web_Decision_Hollingsworth_Kay.pdf-the school. ./Web_Decision_Hollingsworth_Kay.pdf- ./Web_Decision_Hollingsworth_Kay.pdf-On 5 May 2015, following a period of suspension, the school dismissed Miss ./Web_Decision_Hollingsworth_Kay.pdf-Hollingsworth on the grounds of gross misconduct. ./Web_Decision_Hollingsworth_Kay.pdf- ./Web_Decision_Hollingsworth_Kay.pdf- ./Web_Decision_Hollingsworth_Kay.pdf- -- ./Web_Decision_Hollingsworth_Kay.pdf- more pupils; and ./Web_Decision_Hollingsworth_Kay.pdf- ./Web_Decision_Hollingsworth_Kay.pdf-Miss Hollingsworth admitted this allegation in the agreed statement of facts signed by ./Web_Decision_Hollingsworth_Kay.pdf-Miss Hollingsworth on 19 February 2016 (page 15) and during her disciplinary hearing on ./Web_Decision_Hollingsworth_Kay.pdf-5 May 2015 (page 78). The panel has also seen copies of the Instagram messages ./Web_Decision_Hollingsworth_Kay.pdf-passing between Miss Hollingsworth and Pupil A (pages 41 to 65). ./Web_Decision_Hollingsworth_Kay.pdf- ./Web_Decision_Hollingsworth_Kay.pdf-The panel was therefore satisfied that this allegation was proven. ./Web_Decision_Hollingsworth_Kay.pdf- ./Web_Decision_Hollingsworth_Kay.pdf- b. sent inappropriate messages via social media, which included ./Web_Decision_Hollingsworth_Kay.pdf: conversation of a sexual nature, to one or more pupils ./Web_Decision_Hollingsworth_Kay.pdf- ./Web_Decision_Hollingsworth_Kay.pdf-Miss Hollingsworth admitted this allegation in the agreed statement of facts signed by ./Web_Decision_Hollingsworth_Kay.pdf-Miss Hollingsworth on 19 February 2016 (page 15) and during her disciplinary hearing on ./Web_Decision_Hollingsworth_Kay.pdf-5 May 2015 (page 77). The panel has also seen copies of the content of the Instagram ./Web_Decision_Hollingsworth_Kay.pdf-messages passing between Miss Hollingsworth and Pupil A, which include messages ./Web_Decision_Hollingsworth_Kay.pdf:containing sexual innuendo (pages 41 to 65). This included the following messages to ./Web_Decision_Hollingsworth_Kay.pdf-Pupil A: ./Web_Decision_Hollingsworth_Kay.pdf- ./Web_Decision_Hollingsworth_Kay.pdf-  ‘About to have a shower #mental image for you lol. Bk in a min x’; ./Web_Decision_Hollingsworth_Kay.pdf- ./Web_Decision_Hollingsworth_Kay.pdf-  ‘U probs distracted thinking about how fabulous I am (jokes)’; ./Web_Decision_Hollingsworth_Kay.pdf- ./Web_Decision_Hollingsworth_Kay.pdf-  ‘Going to bed now dimples xx’; ./Web_Decision_Hollingsworth_Kay.pdf- ./Web_Decision_Hollingsworth_Kay.pdf-  ‘Should I delete our convo in case someone sees it? <3’; ./Web_Decision_Hollingsworth_Kay.pdf- -- ./Web_Decision_Hollingsworth_Kay.pdf-may bring the profession into disrepute ./Web_Decision_Hollingsworth_Kay.pdf-Having found all of the allegations to have been proven, the panel went on to consider ./Web_Decision_Hollingsworth_Kay.pdf-whether the facts of those proven allegations amounted to unacceptable professional ./Web_Decision_Hollingsworth_Kay.pdf-conduct and/or conduct that may bring the profession into disrepute. ./Web_Decision_Hollingsworth_Kay.pdf- ./Web_Decision_Hollingsworth_Kay.pdf-In doing so, the panel had regard to the document Teacher Misconduct: The Prohibition ./Web_Decision_Hollingsworth_Kay.pdf-of Teachers (the “Advice”). ./Web_Decision_Hollingsworth_Kay.pdf- ./Web_Decision_Hollingsworth_Kay.pdf-The panel was satisfied that Miss Hollingsworth’s conduct in failing to maintain ./Web_Decision_Hollingsworth_Kay.pdf-appropriate boundaries with pupils by engaging in inappropriate communication with both ./Web_Decision_Hollingsworth_Kay.pdf:current and former pupils via social media, including sending messages of a sexual ./Web_Decision_Hollingsworth_Kay.pdf-nature, was misconduct of a serious nature, falling significantly short of the standard of ./Web_Decision_Hollingsworth_Kay.pdf-behaviour expected of a teacher. The panel also had regard to the Teachers’ Standards, ./Web_Decision_Hollingsworth_Kay.pdf-and considered that the following standards had been breached: ./Web_Decision_Hollingsworth_Kay.pdf- ./Web_Decision_Hollingsworth_Kay.pdf-  Teachers uphold public trust in the profession and maintain high standards of ./Web_Decision_Hollingsworth_Kay.pdf- ethics and behaviour, within and outside school, by ./Web_Decision_Hollingsworth_Kay.pdf- ./Web_Decision_Hollingsworth_Kay.pdf- o treating pupils with dignity, building relationships rooted in mutual respect, and ./Web_Decision_Hollingsworth_Kay.pdf- at all times observing proper boundaries appropriate to a teacher’s ./Web_Decision_Hollingsworth_Kay.pdf- professional position; ./Web_Decision_Hollingsworth_Kay.pdf- o having regard for the need to safeguard pupils’ well-being, in accordance with ./Web_Decision_Hollingsworth_Kay.pdf- statutory provisions…; ./Web_Decision_Hollingsworth_Kay.pdf-  Teachers must have proper and professional regard for the ethos, policies and ./Web_Decision_Hollingsworth_Kay.pdf- practices of the school in which they teach…; ./Web_Decision_Hollingsworth_Kay.pdf-  Teachers must have an understanding of, and always act within, the statutory ./Web_Decision_Hollingsworth_Kay.pdf- frameworks which set out their professional duties and responsibilities. ./Web_Decision_Hollingsworth_Kay.pdf-In the panel’s view, Miss Hollingsworth had clearly failed to uphold public trust in the ./Web_Decision_Hollingsworth_Kay.pdf-profession and maintain high standards of ethics and behaviour. By sending messages to ./Web_Decision_Hollingsworth_Kay.pdf:an 11 year old pupil, including some messages containing sexual innuendo which could ./Web_Decision_Hollingsworth_Kay.pdf-have been confusing to the pupil, Miss Hollingsworth failed in her position of ./Web_Decision_Hollingsworth_Kay.pdf-responsibility to that pupil and her obligation to safeguard pupils’ well-being. ./Web_Decision_Hollingsworth_Kay.pdf- ./Web_Decision_Hollingsworth_Kay.pdf-The panel also considered that Miss Hollingsworth failed to have regard to the practices ./Web_Decision_Hollingsworth_Kay.pdf-and policies of the school. The school’s Acceptable Use Agreement/Code of Conduct ./Web_Decision_Hollingsworth_Kay.pdf-(page 85), which Miss Hollingsworth signed on 22 September 2014, states that teachers ./Web_Decision_Hollingsworth_Kay.pdf-will not communicate with children via social networking sites. Miss Hollingsworth ./Web_Decision_Hollingsworth_Kay.pdf-disregarded this policy by communicating with former and current pupils of the school via ./Web_Decision_Hollingsworth_Kay.pdf-social media. The case papers also indicate that Miss Hollingsworth received a request ./Web_Decision_Hollingsworth_Kay.pdf-from the Headteacher to ‘de-friend’ and cease all contact with current and former pupils -- ./Web_Decision_Hollingsworth_Kay.pdf-panel has not seen any written confirmation from Miss Hollingsworth that she would take ./Web_Decision_Hollingsworth_Kay.pdf-such action. Nevertheless, by continuing to communicate with Pupil A via social media, ./Web_Decision_Hollingsworth_Kay.pdf-Miss Hollingsworth failed to follow the school’s Code of Conduct and thereby disregarded ./Web_Decision_Hollingsworth_Kay.pdf-the ethos, policies and practices of her school and the statutory framework of her ./Web_Decision_Hollingsworth_Kay.pdf-professional duties and responsibilities. ./Web_Decision_Hollingsworth_Kay.pdf- ./Web_Decision_Hollingsworth_Kay.pdf-The panel did consider the offences on page 8 of the Advice and whether Miss ./Web_Decision_Hollingsworth_Kay.pdf-Hollingsworth had displayed behaviours associated with any of the offences. The panel ./Web_Decision_Hollingsworth_Kay.pdf-did not consider that any of the offences applied. The only potentially relevant offence ./Web_Decision_Hollingsworth_Kay.pdf:might be one of sexual activity and the panel did not consider that Miss Hollingsworth ./Web_Decision_Hollingsworth_Kay.pdf:displayed behaviours associated with such an offence. Whilst there was sexual innuendo ./Web_Decision_Hollingsworth_Kay.pdf-contained within some of the messages sent to Pupil A, the panel did not consider that ./Web_Decision_Hollingsworth_Kay.pdf:the messages contained anything sinister or that there was any suggestion of grooming. ./Web_Decision_Hollingsworth_Kay.pdf-Rather the panel considered the conversations to be immature in nature, albeit that they ./Web_Decision_Hollingsworth_Kay.pdf-were inappropriate. ./Web_Decision_Hollingsworth_Kay.pdf- ./Web_Decision_Hollingsworth_Kay.pdf-Nevertheless, the panel was satisfied that Miss Hollingsworth was guilty of unacceptable ./Web_Decision_Hollingsworth_Kay.pdf-professional conduct. ./Web_Decision_Hollingsworth_Kay.pdf- ./Web_Decision_Hollingsworth_Kay.pdf-The panel also considered the allegation of conduct that may bring the profession into ./Web_Decision_Hollingsworth_Kay.pdf-disrepute. The panel took into account how the teaching profession was viewed by others ./Web_Decision_Hollingsworth_Kay.pdf-and considered the influence that teachers may have on pupils, parents and others in the ./Web_Decision_Hollingsworth_Kay.pdf-community. The panel took account of the uniquely influential role that teachers can hold -- ./Web_Decision_Hollingsworth_Kay.pdf-behaviours, those that are relevant in this case are: ./Web_Decision_Hollingsworth_Kay.pdf- ./Web_Decision_Hollingsworth_Kay.pdf-  serious departure from the personal and professional conduct elements of the ./Web_Decision_Hollingsworth_Kay.pdf- Teachers’ Standards; and ./Web_Decision_Hollingsworth_Kay.pdf- ./Web_Decision_Hollingsworth_Kay.pdf-  abuse of position of trust (particularly involving vulnerable pupils) or violation of the ./Web_Decision_Hollingsworth_Kay.pdf- rights of pupils. ./Web_Decision_Hollingsworth_Kay.pdf-The panel did consider that Miss Hollingsworth’s behaviour was a serious departure from ./Web_Decision_Hollingsworth_Kay.pdf-the personal and professional conduct elements of the Teachers’ Standards. The panel ./Web_Decision_Hollingsworth_Kay.pdf-considered that the nature of the conversations passing between Miss Hollingsworth and ./Web_Decision_Hollingsworth_Kay.pdf:Pupil A (which included sexual references and innuendo) and the age of Pupil A, pushed ./Web_Decision_Hollingsworth_Kay.pdf-the behaviour over the boundary of seriousness. The panel also felt that most parents of ./Web_Decision_Hollingsworth_Kay.pdf-11 year olds would think Miss Hollingsworth’s behaviour was inappropriate and serious. ./Web_Decision_Hollingsworth_Kay.pdf- ./Web_Decision_Hollingsworth_Kay.pdf-The panel also felt that Miss Hollingsworth’s actions constituted an abuse of her position ./Web_Decision_Hollingsworth_Kay.pdf-of trust, in that parents put their trust in teachers to behave in an appropriate manner ./Web_Decision_Hollingsworth_Kay.pdf-towards pupils. Miss Hollingsworth had not behaved appropriately towards current and ./Web_Decision_Hollingsworth_Kay.pdf-former pupils and had recognised that she had acted in violation of her position when she ./Web_Decision_Hollingsworth_Kay.pdf-pleaded with Pupil A’s parents not to tell the school. ./Web_Decision_Hollingsworth_Kay.pdf- ./Web_Decision_Hollingsworth_Kay.pdf:The panel did not consider that sexual misconduct was a relevant factor in this case, in ./Web_Decision_Hollingsworth_Kay.pdf-light of the definition provided in the Advice. Whilst the messages sent by Miss ./Web_Decision_Hollingsworth_Kay.pdf:Hollingsworth were inappropriate, the panel did not consider that they were sexually ./Web_Decision_Hollingsworth_Kay.pdf-motivated. Rather the panel considered that they were conversations of an immature ./Web_Decision_Hollingsworth_Kay.pdf-nature. ./Web_Decision_Hollingsworth_Kay.pdf- ./Web_Decision_Hollingsworth_Kay.pdf-Even though there were behaviours that would point to a prohibition order being ./Web_Decision_Hollingsworth_Kay.pdf-appropriate, the panel went on to consider whether or not there were sufficient factors to ./Web_Decision_Hollingsworth_Kay.pdf-mitigate against a prohibition order being an appropriate and proportionate measure to ./Web_Decision_Hollingsworth_Kay.pdf-impose, particularly taking into account the nature and severity of the behaviour in this ./Web_Decision_Hollingsworth_Kay.pdf-case. ./Web_Decision_Hollingsworth_Kay.pdf- ./Web_Decision_Hollingsworth_Kay.pdf- 9 -- ./Web_Decision_Hollingsworth_Kay.pdf-proper standards of conduct and maintain public confidence in the profession. ./Web_Decision_Hollingsworth_Kay.pdf- ./Web_Decision_Hollingsworth_Kay.pdf-The panel went on to consider whether or not it would be appropriate for it to recommend ./Web_Decision_Hollingsworth_Kay.pdf-that a review period of the order should be considered. The panel was mindful that the ./Web_Decision_Hollingsworth_Kay.pdf-Advice stated that a prohibition order applies for life, but there might be circumstances in ./Web_Decision_Hollingsworth_Kay.pdf-any given case that might make it appropriate to allow a teacher to apply to have the ./Web_Decision_Hollingsworth_Kay.pdf-prohibition order reviewed after a specified period of time that may not be less than 2 ./Web_Decision_Hollingsworth_Kay.pdf-years. ./Web_Decision_Hollingsworth_Kay.pdf- ./Web_Decision_Hollingsworth_Kay.pdf-The Advice indicates that there are behaviours that, if proven, would militate against a ./Web_Decision_Hollingsworth_Kay.pdf:review period’s being recommended. One of these behaviours includes serious sexual ./Web_Decision_Hollingsworth_Kay.pdf:misconduct, which is defined in the Advice as follows: “eg where the act was sexually ./Web_Decision_Hollingsworth_Kay.pdf-motivated and resulted in or had the potential to result in, harm to a person or persons, ./Web_Decision_Hollingsworth_Kay.pdf-particularly where the individual has used their professional position to influence or ./Web_Decision_Hollingsworth_Kay.pdf-exploit a person or persons”. The panel does not consider that this behaviour applies in ./Web_Decision_Hollingsworth_Kay.pdf-this case. Whilst the messages sent by Miss Hollingsworth were inappropriate and ./Web_Decision_Hollingsworth_Kay.pdf:contained sexual references, the panel did not consider that they were sexually ./Web_Decision_Hollingsworth_Kay.pdf-motivated and the panel has seen no evidence that they caused harm to the pupils ./Web_Decision_Hollingsworth_Kay.pdf-involved. Rather the panel considered that they were conversations of an immature ./Web_Decision_Hollingsworth_Kay.pdf-nature, although they were inappropriate. ./Web_Decision_Hollingsworth_Kay.pdf- ./Web_Decision_Hollingsworth_Kay.pdf-The panel found that Miss Hollingsworth had shown remorse for her actions. Miss ./Web_Decision_Hollingsworth_Kay.pdf-Hollingsworth admitted the allegations, has taken full responsibility for her actions and ./Web_Decision_Hollingsworth_Kay.pdf-says that she “will forever regret the actions that I took” (page 102). ./Web_Decision_Hollingsworth_Kay.pdf- ./Web_Decision_Hollingsworth_Kay.pdf-The panel felt the findings indicated a situation in which a review period would be ./Web_Decision_Hollingsworth_Kay.pdf-appropriate and as such decided that it would be proportionate in all the circumstances -- ./Web_Decision_Hollingsworth_Kay.pdf- ./Web_Decision_Hollingsworth_Kay.pdf-I also note that the panel found the following behaviours relevant: ./Web_Decision_Hollingsworth_Kay.pdf- ./Web_Decision_Hollingsworth_Kay.pdf-  serious departure from the personal and professional conduct elements of the ./Web_Decision_Hollingsworth_Kay.pdf- Teachers’ Standards; and ./Web_Decision_Hollingsworth_Kay.pdf- ./Web_Decision_Hollingsworth_Kay.pdf-  abuse of position of trust (particularly involving vulnerable pupils) or violation of the ./Web_Decision_Hollingsworth_Kay.pdf- rights of pupils. ./Web_Decision_Hollingsworth_Kay.pdf-In my view Miss Hollingsworth’s behaviour was a serious departure from the personal ./Web_Decision_Hollingsworth_Kay.pdf-and professional conduct elements of the Teachers’ Standards. The nature of the ./Web_Decision_Hollingsworth_Kay.pdf:conversations passing between Miss Hollingsworth and Pupil A (which included sexual ./Web_Decision_Hollingsworth_Kay.pdf-references and innuendo) and the age of Pupil A, pushed the behaviour over the ./Web_Decision_Hollingsworth_Kay.pdf-boundary of seriousness. I agree with the panel that most parents of 11 year olds would ./Web_Decision_Hollingsworth_Kay.pdf-think Miss Hollingsworth’s behaviour was inappropriate and serious. ./Web_Decision_Hollingsworth_Kay.pdf- ./Web_Decision_Hollingsworth_Kay.pdf-I also support the view of the panel that Miss Hollingsworth’s actions constituted an ./Web_Decision_Hollingsworth_Kay.pdf-abuse of her position of trust, in that parents put their trust in teachers to behave in an ./Web_Decision_Hollingsworth_Kay.pdf-appropriate manner towards pupils. Miss Hollingsworth had not behaved appropriately ./Web_Decision_Hollingsworth_Kay.pdf-towards current and former pupils and had recognised that she had acted in violation of ./Web_Decision_Hollingsworth_Kay.pdf-her position when she pleaded with Pupil A’s parents not to tell the school. ./Web_Decision_Hollingsworth_Kay.pdf- ./Web_Decision_Hollingsworth_Kay.pdf:The panel did not consider that sexual misconduct was a relevant factor in this case, in ./Web_Decision_Hollingsworth_Kay.pdf-light of the definition provided in the Advice. Whilst the messages sent by Miss ./Web_Decision_Hollingsworth_Kay.pdf:Hollingsworth were inappropriate, the panel did not consider that they were sexually ./Web_Decision_Hollingsworth_Kay.pdf-motivated. Rather the panel considered that they were conversations of an immature ./Web_Decision_Hollingsworth_Kay.pdf-nature. ./Web_Decision_Hollingsworth_Kay.pdf- ./Web_Decision_Hollingsworth_Kay.pdf-For these reasons I support the recommendation of the panel for a prohibition order. ./Web_Decision_Hollingsworth_Kay.pdf- ./Web_Decision_Hollingsworth_Kay.pdf-Turning to the matter of a review period I agree that this behaviour was inappropriate but ./Web_Decision_Hollingsworth_Kay.pdf:not sexually motivated. I support the recommendation that a 2 year review period is ./Web_Decision_Hollingsworth_Kay.pdf-proportionate. ./Web_Decision_Hollingsworth_Kay.pdf- ./Web_Decision_Hollingsworth_Kay.pdf-This means that Miss Kay Hollingsworth is prohibited from teaching indefinitely ./Web_Decision_Hollingsworth_Kay.pdf-and cannot teach in any school, sixth form college, relevant youth accommodation ./Web_Decision_Hollingsworth_Kay.pdf-or children’s home in England. She may apply for the prohibition order to be set aside, ./Web_Decision_Hollingsworth_Kay.pdf-but not until 2 June 2018, 2 years from the date of this order at the earliest. This is not an ./Web_Decision_Hollingsworth_Kay.pdf-automatic right to have the prohibition order removed. If she does apply, a panel will ./Web_Decision_Hollingsworth_Kay.pdf-meet to consider whether the prohibition order should be set aside. Without a successful ./Web_Decision_Hollingsworth_Kay.pdf-application, Miss Kay Hollingsworth remains prohibited from teaching indefinitely. ./Web_Decision_Hollingsworth_Kay.pdf- ./Web_decision_Mr_Jamie_Barron_14708.pdf- ./Web_decision_Mr_Jamie_Barron_14708.pdf-The panel considered that a strong public interest consideration in declaring proper ./Web_decision_Mr_Jamie_Barron_14708.pdf-standards of conduct in the profession was also present as the conduct found against Mr ./Web_decision_Mr_Jamie_Barron_14708.pdf-Barron was outside that which could reasonably be tolerated. ./Web_decision_Mr_Jamie_Barron_14708.pdf- ./Web_decision_Mr_Jamie_Barron_14708.pdf-The panel however did not consider that there was a public interest consideration in ./Web_decision_Mr_Jamie_Barron_14708.pdf-respect of the protection of pupils or the public. The panel has noted that the School ./Web_decision_Mr_Jamie_Barron_14708.pdf-received advice from the LADO in June 2015, who empathised that the case was ./Web_decision_Mr_Jamie_Barron_14708.pdf-‘borderline’ in terms of safeguarding and that the actions of the teacher did not pose a ./Web_decision_Mr_Jamie_Barron_14708.pdf-risk of significant harm to pupils. The panel has also noted that the school felt that Mr ./Web_decision_Mr_Jamie_Barron_14708.pdf:Barron’s behaviour did not display any apparent grooming or sexual exploitation. The ./Web_decision_Mr_Jamie_Barron_14708.pdf-panel has not seen any evidence that pupils were adversely affected by his behaviour. ./Web_decision_Mr_Jamie_Barron_14708.pdf- ./Web_decision_Mr_Jamie_Barron_14708.pdf- ./Web_decision_Mr_Jamie_Barron_14708.pdf- 13 ./Web_decision_Mr_Jamie_Barron_14708.pdf- -- ./Web_decision_Mr_Jamie_Barron_14708.pdf-procedure as a result of his continued breach of the school’s staff code of conduct and ./Web_decision_Mr_Jamie_Barron_14708.pdf-his close relationships with pupils, which resulted in a written warning. Notwithstanding ./Web_decision_Mr_Jamie_Barron_14708.pdf-this advice and the disciplinary investigation, Mr Barron continued to cross the ./Web_decision_Mr_Jamie_Barron_14708.pdf-boundaries that should exist between teachers and their pupils, rather than maintaining a ./Web_decision_Mr_Jamie_Barron_14708.pdf-professional relationship and distance at all times. ./Web_decision_Mr_Jamie_Barron_14708.pdf- ./Web_decision_Mr_Jamie_Barron_14708.pdf-I have also noted that the school received advice from the LADO in June 2015, who ./Web_decision_Mr_Jamie_Barron_14708.pdf-empathised that the case was ‘borderline’ in terms of safeguarding and that the actions of ./Web_decision_Mr_Jamie_Barron_14708.pdf-the teacher did not pose a risk of significant harm to pupils. The panel has also noted that ./Web_decision_Mr_Jamie_Barron_14708.pdf-the school felt that Mr Barron’s behaviour did not display any apparent grooming or ./Web_decision_Mr_Jamie_Barron_14708.pdf:sexual exploitation. The panel are clear that it has not seen any evidence that pupils ./Web_decision_Mr_Jamie_Barron_14708.pdf-were adversely affected by his behaviour. ./Web_decision_Mr_Jamie_Barron_14708.pdf- ./Web_decision_Mr_Jamie_Barron_14708.pdf-I have taken into account the advice published by the Secretary of State relating to ./Web_decision_Mr_Jamie_Barron_14708.pdf-factors to be taken into account when considering the prohibition of teachers. ./Web_decision_Mr_Jamie_Barron_14708.pdf- ./Web_decision_Mr_Jamie_Barron_14708.pdf-I have taken into account the need to balance the public interest and the interests of Mr ./Web_decision_Mr_Jamie_Barron_14708.pdf-Barron. I have also taken into account the need to be proportionate. I have taken into ./Web_decision_Mr_Jamie_Barron_14708.pdf-account the mitigating factors set out by the panel in this case. ./Web_decision_Mr_Jamie_Barron_14708.pdf- ./Web_decision_Mr_Jamie_Barron_14708.pdf-On balance and for the reasons set out, I support the panel’s recommendation that Mr ./web_decision_ROUHANI_Carmel.pdf- ./web_decision_ROUHANI_Carmel.pdf-3. On 1 September 2013, she commenced work as a Teacher at Barnfield South ./web_decision_ROUHANI_Carmel.pdf- Academy, Luton (“the Academy”) and (at that time or a subsequent time) she ./web_decision_ROUHANI_Carmel.pdf- deliberately failed to disclose that: ./web_decision_ROUHANI_Carmel.pdf- ./web_decision_ROUHANI_Carmel.pdf- a. allegations had been made against her in relation to her inappropriate ./web_decision_ROUHANI_Carmel.pdf- relationship with Student A, ./web_decision_ROUHANI_Carmel.pdf- ./web_decision_ROUHANI_Carmel.pdf- b. she was the subject of an investigation by the OCT ./web_decision_ROUHANI_Carmel.pdf- ./web_decision_ROUHANI_Carmel.pdf:4. Her actions set out at paragraph 1 above were sexually motivated. ./web_decision_ROUHANI_Carmel.pdf- ./web_decision_ROUHANI_Carmel.pdf-5. Her actions set out at paragraph 3 above were dishonest. ./web_decision_ROUHANI_Carmel.pdf- ./web_decision_ROUHANI_Carmel.pdf- There had been no response from Ms Rouhani. The panel therefore approached ./web_decision_ROUHANI_Carmel.pdf- the hearing on the basis that all allegations were denied. ./web_decision_ROUHANI_Carmel.pdf- ./web_decision_ROUHANI_Carmel.pdf- ./web_decision_ROUHANI_Carmel.pdf-C. Preliminary applications ./web_decision_ROUHANI_Carmel.pdf-Service of proceedings ./web_decision_ROUHANI_Carmel.pdf-Ms Rouhani had failed to attend the hearing. -- ./web_decision_ROUHANI_Carmel.pdf:4. Your actions set out at paragraph 1 above were sexually motivated. ./web_decision_ROUHANI_Carmel.pdf- ./web_decision_ROUHANI_Carmel.pdf- The panel repeated its findings in relation to allegation 1 above. Furthermore, the ./web_decision_ROUHANI_Carmel.pdf- panel took account of the entirety of paragraphs 1 to 19 of the decision of the ./web_decision_ROUHANI_Carmel.pdf- Discipline Committee of the OCT under the heading “Agreed Statement of Facts”. ./web_decision_ROUHANI_Carmel.pdf- Finally, the panel noted that, in the OCT proceedings, Ms Rouhani had admitted ./web_decision_ROUHANI_Carmel.pdf: an allegation that she had abused a student sexually. ./web_decision_ROUHANI_Carmel.pdf- ./web_decision_ROUHANI_Carmel.pdf- Taking all the circumstances into account, to include the 35,000 text messages ./web_decision_ROUHANI_Carmel.pdf- exchanged between Ms Rouhani and Student A over a relatively short period of ./web_decision_ROUHANI_Carmel.pdf- time together with the content of certain of those messages as outlined above, the ./web_decision_ROUHANI_Carmel.pdf- only proper inference to be drawn from the evidence was that her conduct was not ./web_decision_ROUHANI_Carmel.pdf: only inappropriate but was also sexually motivated. ./web_decision_ROUHANI_Carmel.pdf- ./web_decision_ROUHANI_Carmel.pdf- For these reasons, the allegation was found proved. ./web_decision_ROUHANI_Carmel.pdf- ./web_decision_ROUHANI_Carmel.pdf-5. Your actions set out at paragraph 3 above were dishonest. ./web_decision_ROUHANI_Carmel.pdf- ./web_decision_ROUHANI_Carmel.pdf- In her interview with Witness A, it was accepted by Ms Rouhani that she had ./web_decision_ROUHANI_Carmel.pdf- deliberately withheld from the Academy information regarding the investigation. ./web_decision_ROUHANI_Carmel.pdf- The panel had found that, from at least November 2013, Ms Rouhani had known ./web_decision_ROUHANI_Carmel.pdf- about the investigation by the OCT. It only became known to the Academy as a ./web_decision_ROUHANI_Carmel.pdf- result of the OCT writing to the Academy in May 2014. By that time, Ms Rouhani -- ./web_decision_ROUHANI_Carmel.pdf-Findings as to unacceptable professional conduct and/or conduct that ./web_decision_ROUHANI_Carmel.pdf-may bring the profession into disrepute ./web_decision_ROUHANI_Carmel.pdf-The panel was satisfied that, in respect of the allegations found proved, Miss Rouhani ./web_decision_ROUHANI_Carmel.pdf-was guilty of unacceptable professional conduct and conduct likely to bring the ./web_decision_ROUHANI_Carmel.pdf-profession into disrepute. Her behaviour was of a serious nature, falling significantly ./web_decision_ROUHANI_Carmel.pdf-short of the standard expected of a teacher. The finding that Miss Rouhani had sought to ./web_decision_ROUHANI_Carmel.pdf:develop a relationship with a pupil which was sexually motivated was very serious, as ./web_decision_ROUHANI_Carmel.pdf-was her conduct in deliberately, and thereby dishonestly, attempting to conceal ./web_decision_ROUHANI_Carmel.pdf-information from the Academy which was vital to the well-being of its pupils. In doing so, ./web_decision_ROUHANI_Carmel.pdf-she had failed: ./web_decision_ROUHANI_Carmel.pdf- ./web_decision_ROUHANI_Carmel.pdf-a. To demonstrate consistently high standards of personal and professional conduct; ./web_decision_ROUHANI_Carmel.pdf-b. To observe proper boundaries appropriate to her position as a teacher; ./web_decision_ROUHANI_Carmel.pdf-c. To have regard for the need to safeguard the well-being of impressionable ./web_decision_ROUHANI_Carmel.pdf- children, including pupils; ./web_decision_ROUHANI_Carmel.pdf-d. To act as a role model, taking account of the uniquely influential position a teacher ./web_decision_ROUHANI_Carmel.pdf- can hold in pupils’ lives; ./web_decision_ROUHANI_Carmel.pdf-e. To act with integrity. ./web_decision_ROUHANI_Carmel.pdf- ./web_decision_ROUHANI_Carmel.pdf- ./web_decision_ROUHANI_Carmel.pdf-Panel’s recommendation to the Secretary of State ./web_decision_ROUHANI_Carmel.pdf-The panel was satisfied that Ms Rouhani’s behaviour was incompatible with being a ./web_decision_ROUHANI_Carmel.pdf-teacher for the following reasons: ./web_decision_ROUHANI_Carmel.pdf- ./web_decision_ROUHANI_Carmel.pdf- These were serious departures from the personal and professional conduct ./web_decision_ROUHANI_Carmel.pdf- elements of the Teachers’ Standards as outlined above; ./web_decision_ROUHANI_Carmel.pdf- The panel had found that Ms Rouhani’s conduct was not only inappropriate but ./web_decision_ROUHANI_Carmel.pdf: also sexually motivated, as it had put at risk the welfare of students; ./web_decision_ROUHANI_Carmel.pdf- Ms Rouhani had persisted in her behaviour despite being made aware of the ./web_decision_ROUHANI_Carmel.pdf- concerns of Student A’s parents and despite Student A’s parents requesting her to ./web_decision_ROUHANI_Carmel.pdf- avoid further contact with their child; ./web_decision_ROUHANI_Carmel.pdf- Ms Rouhani had exploited her position of trust in a wholly unacceptable manner. ./web_decision_ROUHANI_Carmel.pdf- The level and nature of the contact between her and Student A was excessive and ./web_decision_ROUHANI_Carmel.pdf- unacceptable; ./web_decision_ROUHANI_Carmel.pdf- The actions of Ms Rouhani were deliberate and there was no suggestion that she ./web_decision_ROUHANI_Carmel.pdf- had been acting under duress; ./web_decision_ROUHANI_Carmel.pdf- As stated, her conduct did not relate to an isolated incident but had continued over ./web_decision_ROUHANI_Carmel.pdf- a number of months and this was in spite of warnings and requests for her to -- ./web_decision_ROUHANI_Carmel.pdf-Decision and reasons on behalf of the Secretary of State ./web_decision_ROUHANI_Carmel.pdf-I have given very careful consideration to this case and to the recommendation made by ./web_decision_ROUHANI_Carmel.pdf-the panel both in respect of sanction and review period. ./web_decision_ROUHANI_Carmel.pdf- ./web_decision_ROUHANI_Carmel.pdf-I am satisfied that Ms Rouhani’s behaviour was incompatible with being a teacher. This is ./web_decision_ROUHANI_Carmel.pdf-because her behaviour was a serious departure from the personal and professional ./web_decision_ROUHANI_Carmel.pdf-conduct elements of the Teachers’ Standards. Ms Rouhani’s conduct was not only ./web_decision_ROUHANI_Carmel.pdf:inappropriate but also sexually motivated, and it had put at risk the welfare of students. ./web_decision_ROUHANI_Carmel.pdf-Ms Rouhani had persisted in her behaviour despite being made aware of the concerns of ./web_decision_ROUHANI_Carmel.pdf-Student A’s parents and despite Student A’s parents requesting her to avoid further ./web_decision_ROUHANI_Carmel.pdf-contact with their child. Ms Rouhani exploited her position of trust in a wholly ./web_decision_ROUHANI_Carmel.pdf-unacceptable manner. The level and nature of the contact between her and Student A ./web_decision_ROUHANI_Carmel.pdf-was excessive and unacceptable. In the view of the panel, Ms Rouhani’s actions were ./web_decision_ROUHANI_Carmel.pdf-deliberate and there was no suggestion that she had been acting under duress. ./web_decision_ROUHANI_Carmel.pdf- ./web_decision_ROUHANI_Carmel.pdf-I note that the panel accepted that there was some acceptance of her conduct, but that ./web_decision_ROUHANI_Carmel.pdf-Ms Rouhani had shown little insight into her behaviour and had shown little remorse, ./web_decision_ROUHANI_Carmel.pdf-although there appeared to be some acceptance of the inappropriateness of her ./web_Decision_Wade_non_restricted.pdf-B. Allegations ./web_Decision_Wade_non_restricted.pdf-The panel considered the allegation set out in the Notice of Meeting dated 25 July 2016. ./web_Decision_Wade_non_restricted.pdf- ./web_Decision_Wade_non_restricted.pdf-It was alleged that Mr Mark Bertram Wade was guilty of unacceptable professional ./web_Decision_Wade_non_restricted.pdf-conduct, in that: ./web_Decision_Wade_non_restricted.pdf- ./web_Decision_Wade_non_restricted.pdf-Whilst employed at the Piggott School between 2013 and 2015 he: ./web_Decision_Wade_non_restricted.pdf- ./web_Decision_Wade_non_restricted.pdf-1. Had an inappropriate relationship with Pupil A; ./web_Decision_Wade_non_restricted.pdf- ./web_Decision_Wade_non_restricted.pdf:2. Had an inappropriate sexual relationship with Pupil A: ./web_Decision_Wade_non_restricted.pdf- ./web_Decision_Wade_non_restricted.pdf-3. Accepted a Police Caution for harassment of Pupil A on 31 July 2015. ./web_Decision_Wade_non_restricted.pdf- ./web_Decision_Wade_non_restricted.pdf-Mr Wade admitted the alleged facts and further admitted that they amount to ./web_Decision_Wade_non_restricted.pdf-unacceptable professional conduct. ./web_Decision_Wade_non_restricted.pdf- ./web_Decision_Wade_non_restricted.pdf- 3 ./web_Decision_Wade_non_restricted.pdf- -- ./web_Decision_Wade_non_restricted.pdf-approached Mr Wade for help and they both met on a number of occasions. Mr Wade ./web_Decision_Wade_non_restricted.pdf-and Pupil A arranged to meet in town, often when Pupil A was with her mother. They ./web_Decision_Wade_non_restricted.pdf-subsequently met near Pupil A's leisure club. In September 2013, Mr Wade emailed Pupil ./web_Decision_Wade_non_restricted.pdf-A on his personal email account and they subsequently exchanged emails via his ./web_Decision_Wade_non_restricted.pdf-personal account. They also communicated via telephone and text messages. In or ./web_Decision_Wade_non_restricted.pdf-around October 2013, Pupil A and Mr Wade kissed outside school on a number of ./web_Decision_Wade_non_restricted.pdf-occasions. This was consensual. Mr Wade also referred to Pupil A by an alternative ./web_Decision_Wade_non_restricted.pdf-name as he said that he felt more comfortable using the different name. ./web_Decision_Wade_non_restricted.pdf- ./web_Decision_Wade_non_restricted.pdf:Mr Wade accepts that he had consensual sexual relationship with Pupil A in August 2014 ./web_Decision_Wade_non_restricted.pdf:after Pupil A had left school. Pupil A states that the sexual relationship commenced in ./web_Decision_Wade_non_restricted.pdf-June 2014. There is inconsistency within Mr Wade's evidence regarding the date that the ./web_Decision_Wade_non_restricted.pdf:sexual relationship commenced. Whilst it is accepted that Pupil A may not have been a ./web_Decision_Wade_non_restricted.pdf-pupil at the school in August 2014, the panel does not think that the difference in date is ./web_Decision_Wade_non_restricted.pdf:material and has proceeded on the basis of Mr Wade's acceptance that the sexual ./web_Decision_Wade_non_restricted.pdf-relationship started in August 2014. At that time, Pupil A was aged 19. Mr Wade also ./web_Decision_Wade_non_restricted.pdf:accepts that sexual intercourse took place at his house, at another property of his in ./web_Decision_Wade_non_restricted.pdf-Cornwall and at Pupil A's house. The relationship between Pupil A and Mr Wade ./web_Decision_Wade_non_restricted.pdf-continued until Pupil A went to university in September 2014. They met on three ./web_Decision_Wade_non_restricted.pdf-occasions when Pupil A was at university, which included going to Cornwall for three ./web_Decision_Wade_non_restricted.pdf-days in October 2014, meeting once in Richmond and once at Pupil A's university in late ./web_Decision_Wade_non_restricted.pdf-November 2014, when Pupil A told Mr Wade that their relationship was over. Mr Wade ./web_Decision_Wade_non_restricted.pdf-accepts that from January 2015 to July 2015, he sent emails and flowers to Pupil A. In ./web_Decision_Wade_non_restricted.pdf-January 2015, Pupil A and Mr Wade met, when Mr Wade agreed not to have any further ./web_Decision_Wade_non_restricted.pdf-contact with Pupil A. In March 2015, Pupil A emailed Mr Wade to ask if they could meet ./web_Decision_Wade_non_restricted.pdf-up. On 8 March 2015, Mr Wade brought Pupil A flowers and left them for her at her home ./web_Decision_Wade_non_restricted.pdf-address for Pupil A's 20th birthday. Mr Wade accepts that he should not have left the -- ./web_Decision_Wade_non_restricted.pdf-harassment between 8 March 2015 and 23 July 2015. Mr Wade has made no further ./web_Decision_Wade_non_restricted.pdf-contact with Pupil A. ./web_Decision_Wade_non_restricted.pdf- ./web_Decision_Wade_non_restricted.pdf-Findings of fact ./web_Decision_Wade_non_restricted.pdf-Our findings of fact are as follows: ./web_Decision_Wade_non_restricted.pdf- ./web_Decision_Wade_non_restricted.pdf-Whilst employed at the Piggott School between 2013 and 2015 you: ./web_Decision_Wade_non_restricted.pdf- ./web_Decision_Wade_non_restricted.pdf-1. Had an inappropriate relationship with Pupil A; ./web_Decision_Wade_non_restricted.pdf- ./web_Decision_Wade_non_restricted.pdf:2. Had an inappropriate sexual relationship with Pupil A: ./web_Decision_Wade_non_restricted.pdf- ./web_Decision_Wade_non_restricted.pdf- 5 ./web_Decision_Wade_non_restricted.pdf- -- ./web_Decision_Wade_non_restricted.pdf-3. Accepted a Police Caution for harassment of Pupil A on 31 July 2015. ./web_Decision_Wade_non_restricted.pdf- ./web_Decision_Wade_non_restricted.pdf-The panel finds the facts of each allegation proved based on Mr Wade's admissions and ./web_Decision_Wade_non_restricted.pdf-the statement of agreed facts. ./web_Decision_Wade_non_restricted.pdf- ./web_Decision_Wade_non_restricted.pdf-The panel is satisfied that the relationship with Pupil A was inappropriate as it started ./web_Decision_Wade_non_restricted.pdf-when Pupil A was a pupil at the school and Mr Wade had responsibility for her pastoral ./web_Decision_Wade_non_restricted.pdf:care. Furthermore, even though the panel has proceeded on the basis that the sexual ./web_Decision_Wade_non_restricted.pdf:relationship did not commence until August 2014, this sexual relationship developed as a ./web_Decision_Wade_non_restricted.pdf-result of the earlier inappropriate relationship. By his own admission, Mr Wade continued ./web_Decision_Wade_non_restricted.pdf-to try to maintain contact with Pupil A after Pupil A had made it clear that this was ./web_Decision_Wade_non_restricted.pdf-unwelcome. This resulted in the caution for harassment, although Mr Wade states that it ./web_Decision_Wade_non_restricted.pdf-was not his intention to harass her and that he wished to maintain a friendship. ./web_Decision_Wade_non_restricted.pdf- ./web_Decision_Wade_non_restricted.pdf-Findings as to unacceptable professional conduct ./web_Decision_Wade_non_restricted.pdf-Having found each of the allegations to have been proven, the panel has gone on to ./web_Decision_Wade_non_restricted.pdf-consider whether the facts of those proven allegations amount to unacceptable ./web_Decision_Wade_non_restricted.pdf-professional conduct. ./web_Decision_Wade_non_restricted.pdf- -- ./web_Decision_Wade_non_restricted.pdf-  serious departure from the personal and professional conduct elements of the ./web_Decision_Wade_non_restricted.pdf- Teachers’ Standards; ./web_Decision_Wade_non_restricted.pdf-  misconduct seriously affecting the education and/or well-being of pupils, and ./web_Decision_Wade_non_restricted.pdf- particularly where there is a continuing risk; ./web_Decision_Wade_non_restricted.pdf-  abuse of position or trust (particularly involving vulnerable pupils) or violation of the ./web_Decision_Wade_non_restricted.pdf- rights of pupils; ./web_Decision_Wade_non_restricted.pdf:  sexual misconduct, eg involving actions that were sexually motivated or of a ./web_Decision_Wade_non_restricted.pdf: sexual nature and/or that use or exploit the trust, knowledge or influence derived ./web_Decision_Wade_non_restricted.pdf- from the individual’s professional position; ./web_Decision_Wade_non_restricted.pdf-Even though there were behaviours that would point to a prohibition order being ./web_Decision_Wade_non_restricted.pdf-appropriate, the panel went on to consider whether or not there were sufficient mitigating ./web_Decision_Wade_non_restricted.pdf-factors to militate against a prohibition order being an appropriate and proportionate ./web_Decision_Wade_non_restricted.pdf-measure to impose, particularly taking into account the nature and severity of the ./web_Decision_Wade_non_restricted.pdf-behaviour in this case. ./web_Decision_Wade_non_restricted.pdf- ./web_Decision_Wade_non_restricted.pdf-In considering mitigation, the panel noted that Mr Wade received a first written warning ./web_Decision_Wade_non_restricted.pdf-for an unrelated matter, which the panel disregarded. The panel is satisfied that Mr ./web_Decision_Wade_non_restricted.pdf-Wade's conduct was deliberate and he was not acting under duress. [Redacted] The -- ./web_Decision_Wade_non_restricted.pdf-The Advice indicates that there are behaviours that, if proven, would militate against a ./web_Decision_Wade_non_restricted.pdf:review period being recommended. These behaviours include serious sexual ./web_Decision_Wade_non_restricted.pdf:misconduct, eg where the act was sexually motivated and resulted in or had the potential ./web_Decision_Wade_non_restricted.pdf-to result in, harm to a person, particularly where the individual has used their professional ./web_Decision_Wade_non_restricted.pdf-position to influence or exploit a person. Whilst the panel accepts that Pupil A was 19 ./web_Decision_Wade_non_restricted.pdf:years of age when the sexual relationship began, the relationship began when Pupil A ./web_Decision_Wade_non_restricted.pdf-was a pupil at the school and under Mr Wade's pastoral care. The panel considers that ./web_Decision_Wade_non_restricted.pdf:the sexual misconduct was serious on that basis. Further, Mr Wade has shown a lack of ./web_Decision_Wade_non_restricted.pdf-remorse and insight. ./web_Decision_Wade_non_restricted.pdf- ./web_Decision_Wade_non_restricted.pdf-The panel felt the findings indicated a situation in which a review period would not be ./web_Decision_Wade_non_restricted.pdf-appropriate and as such decided that it would be proportionate in all the circumstances ./web_Decision_Wade_non_restricted.pdf-for the prohibition order to be recommended without provision for a review period. ./web_Decision_Wade_non_restricted.pdf- ./web_Decision_Wade_non_restricted.pdf-Decision and reasons on behalf of the Secretary of State ./web_Decision_Wade_non_restricted.pdf- ./web_Decision_Wade_non_restricted.pdf-I have given very careful consideration to this case and to the recommendations made by ./web_Decision_Wade_non_restricted.pdf-the panel both in respect of sanction and review period. -- ./web_Decision_Wade_non_restricted.pdf-recommendation to me, I support that recommendation that Mr Wade should be subject ./web_Decision_Wade_non_restricted.pdf-to a prohibition order. The serious nature of the misconduct and Mr Wade's lack of ./web_Decision_Wade_non_restricted.pdf-remorse and insight were significant factors in forming that opinion. ./web_Decision_Wade_non_restricted.pdf- ./web_Decision_Wade_non_restricted.pdf-I have gone on to consider the panel’s recommendation in respect of a review period. ./web_Decision_Wade_non_restricted.pdf- ./web_Decision_Wade_non_restricted.pdf-Mr Wade’s actions were deliberate and he was not acting under duress. I note the panel ./web_Decision_Wade_non_restricted.pdf-found that Mr Wade has shown a lack of remorse and insight. ./web_Decision_Wade_non_restricted.pdf- ./web_Decision_Wade_non_restricted.pdf-The Advice indicates that there are behaviours that, if proven, would militate against a ./web_Decision_Wade_non_restricted.pdf:review period being recommended. These behaviours include serious sexual ./web_Decision_Wade_non_restricted.pdf-misconduct. Whilst I note that the panel accepts that Pupil A was 19 years of age when ./web_Decision_Wade_non_restricted.pdf:the sexual relationship began, the relationship began when Pupil A was a pupil at the ./web_Decision_Wade_non_restricted.pdf:school and under Mr Wade's pastoral care. The panel considers that the sexual ./web_Decision_Wade_non_restricted.pdf-misconduct was serious on that basis. ./web_Decision_Wade_non_restricted.pdf- ./web_Decision_Wade_non_restricted.pdf-In the circumstances, and for the reasons set out, I support the panel’s recommendation ./web_Decision_Wade_non_restricted.pdf-that there should be no review period. ./web_Decision_Wade_non_restricted.pdf- ./web_Decision_Wade_non_restricted.pdf-This means that Mr Mark Bertram Wade is prohibited from teaching indefinitely and ./web_Decision_Wade_non_restricted.pdf-cannot teach in any school, sixth form college, relevant youth accommodation or ./web_Decision_Wade_non_restricted.pdf-children’s home in England. Furthermore, in view of the seriousness of the allegations ./web_Decision_Wade_non_restricted.pdf-found proved against him, I have decided that Mr Wade shall not be entitled to apply for ./web_Decision_Wade_non_restricted.pdf-restoration of his eligibility to teach. ./Web_decision__-_Akyol_G.pdf-teacher at Waingels College, Berkshire from January 1988 to August 2016: ./Web_decision__-_Akyol_G.pdf- ./Web_decision__-_Akyol_G.pdf-1. He engaged in and/or developed an inappropriate relationship with one or more ./Web_decision__-_Akyol_G.pdf- pupils, in particular: ./Web_decision__-_Akyol_G.pdf- ./Web_decision__-_Akyol_G.pdf- a) with Pupil A, between approximately 1991 and 1993, in that he: ./Web_decision__-_Akyol_G.pdf- ./Web_decision__-_Akyol_G.pdf- i. engaged in a personal and/or romantic relationship with her whilst she ./Web_decision__-_Akyol_G.pdf- was a pupil at the school. ./Web_decision__-_Akyol_G.pdf- ./Web_decision__-_Akyol_G.pdf: ii. engaged in sexual activity and/or intercourse whilst she was a pupil at the ./Web_decision__-_Akyol_G.pdf- school and/or shortly after she had left. ./Web_decision__-_Akyol_G.pdf- ./Web_decision__-_Akyol_G.pdf- iii. lived in the same accommodation with Pupil A after she had left the ./Web_decision__-_Akyol_G.pdf- school. ./Web_decision__-_Akyol_G.pdf- ./Web_decision__-_Akyol_G.pdf- b) with Pupil B, between approximately 1999 and 2002, in that he: ./Web_decision__-_Akyol_G.pdf- ./Web_decision__-_Akyol_G.pdf- i. engaged in a personal and/or romantic relationship with her whilst she ./Web_decision__-_Akyol_G.pdf- was a pupil at the school. ./Web_decision__-_Akyol_G.pdf- ./Web_decision__-_Akyol_G.pdf: ii. engaged in sexual activity and/or intercourse whilst she was a pupil at the ./Web_decision__-_Akyol_G.pdf- school and/or shortly after she had left. ./Web_decision__-_Akyol_G.pdf- ./Web_decision__-_Akyol_G.pdf- iii. lived in the same accommodation with Pupil B after she had left the ./Web_decision__-_Akyol_G.pdf- school. ./Web_decision__-_Akyol_G.pdf- ./Web_decision__-_Akyol_G.pdf-2. His behaviour as may be found proven in allegations 1(a) and/or 1(b) above was ./Web_decision__-_Akyol_G.pdf: sexually motivated. ./Web_decision__-_Akyol_G.pdf- ./Web_decision__-_Akyol_G.pdf-Mr Akyol admitted the facts alleged in 1(a) i to iii and 1 (b) i to iii, but denied the facts ./Web_decision__-_Akyol_G.pdf-alleged in allegation 2. ./Web_decision__-_Akyol_G.pdf- ./Web_decision__-_Akyol_G.pdf-Mr Akyol further admitted that his conduct in allegations 1(a) and 1(b) amount to ./Web_decision__-_Akyol_G.pdf-unacceptable professional conduct and conduct that may bring the profession into ./Web_decision__-_Akyol_G.pdf-disrepute. ./Web_decision__-_Akyol_G.pdf- ./Web_decision__-_Akyol_G.pdf- ./Web_decision__-_Akyol_G.pdf- -- ./Web_decision__-_Akyol_G.pdf- ./Web_decision__-_Akyol_G.pdf- a. with Pupil A, between approximately 1991 and 1993, in that you: ./Web_decision__-_Akyol_G.pdf- ./Web_decision__-_Akyol_G.pdf- i. engaged in a personal and/or romantic relationship with her whilst ./Web_decision__-_Akyol_G.pdf- she was a pupil at the school. ./Web_decision__-_Akyol_G.pdf- ./Web_decision__-_Akyol_G.pdf-Mr Akyol admits that he commenced a romantic relationship with Pupil A from the date of ./Web_decision__-_Akyol_G.pdf-her 16th birthday. Mr Akyol admits that the relationship developed after Pupil A ./Web_decision__-_Akyol_G.pdf-approached him concerning [REDACTED]. ./Web_decision__-_Akyol_G.pdf- ./Web_decision__-_Akyol_G.pdf: ii. engaged in sexual activity and/or intercourse whilst she was a pupil ./Web_decision__-_Akyol_G.pdf- at the school and/or shortly after she had left. ./Web_decision__-_Akyol_G.pdf- ./Web_decision__-_Akyol_G.pdf:Mr Akyol admits that he engaged in sexual activity and sexual intercourse with Pupil A ./Web_decision__-_Akyol_G.pdf:whilst she was a pupil at the school. He admits that he commenced a sexual relationship ./Web_decision__-_Akyol_G.pdf- ./Web_decision__-_Akyol_G.pdf- ./Web_decision__-_Akyol_G.pdf- ./Web_decision__-_Akyol_G.pdf- 7 ./Web_decision__-_Akyol_G.pdf- -- ./Web_decision__-_Akyol_G.pdf:with Pupil A when she was a Sixth Form pupil and that they would engage in sexual ./Web_decision__-_Akyol_G.pdf-contact together during her breaks. ./Web_decision__-_Akyol_G.pdf- ./Web_decision__-_Akyol_G.pdf- iii. lived in the same accommodation with Pupil A after she had left the ./Web_decision__-_Akyol_G.pdf- school. ./Web_decision__-_Akyol_G.pdf- ./Web_decision__-_Akyol_G.pdf-Mr Akyol admits that he continued his relationship with Pupil A and lived in the same ./Web_decision__-_Akyol_G.pdf-accommodation as her after she left school in 1993. ./Web_decision__-_Akyol_G.pdf- ./Web_decision__-_Akyol_G.pdf-The panel finds allegation 1 a i, ii and iii proved. ./Web_decision__-_Akyol_G.pdf- ./Web_decision__-_Akyol_G.pdf- b) with Pupil B, between approximately 1999 and 2002, in that you: ./Web_decision__-_Akyol_G.pdf- ./Web_decision__-_Akyol_G.pdf- i. engaged in a personal and/or romantic relationship with her whilst ./Web_decision__-_Akyol_G.pdf- she was a pupil at the school. ./Web_decision__-_Akyol_G.pdf- ./Web_decision__-_Akyol_G.pdf-Mr Akyol admits that between 1999 and 2002 he engaged in a personal and romantic ./Web_decision__-_Akyol_G.pdf-relationship with Pupil B whilst she was a pupil at the school. ./Web_decision__-_Akyol_G.pdf- ./Web_decision__-_Akyol_G.pdf: ii. engaged in sexual activity and/or intercourse whilst she was a pupil ./Web_decision__-_Akyol_G.pdf- at the school and/or shortly after she had left. ./Web_decision__-_Akyol_G.pdf- ./Web_decision__-_Akyol_G.pdf:Mr Akyol admits that he engaged in sexual activity and sexual intercourse with Pupil B ./Web_decision__-_Akyol_G.pdf:when she was a pupil at the school. He admits that this sexual relationship began when ./Web_decision__-_Akyol_G.pdf-Pupil B was 16 years of age. Mr Akyol acknowledges Pupil B's view that, at the time their ./Web_decision__-_Akyol_G.pdf:sexual relationship began, Pupil B felt coerced, albeit not forced, into a sexual ./Web_decision__-_Akyol_G.pdf-relationship with him. ./Web_decision__-_Akyol_G.pdf- ./Web_decision__-_Akyol_G.pdf- iii. lived in the same accommodation with Pupil B after she had left the ./Web_decision__-_Akyol_G.pdf- school. ./Web_decision__-_Akyol_G.pdf- ./Web_decision__-_Akyol_G.pdf-Mr Akyol admits that he continued his relationship with Pupil B and lived within the same ./Web_decision__-_Akyol_G.pdf-accommodation with her after she had left the school in 2002. ./Web_decision__-_Akyol_G.pdf- ./Web_decision__-_Akyol_G.pdf-Mr Akyol admits that his relationship with Pupil B was kept secret by them until after her ./Web_decision__-_Akyol_G.pdf-21st birthday. ./Web_decision__-_Akyol_G.pdf- ./Web_decision__-_Akyol_G.pdf-Mr Akyol also admits that he was in a relationship with Pupil B at the time that he ./Web_decision__-_Akyol_G.pdf-received his final written warning in March 2005, but did not bring the relationship to the ./Web_decision__-_Akyol_G.pdf-school's attention. ./Web_decision__-_Akyol_G.pdf- ./Web_decision__-_Akyol_G.pdf-The panel finds allegation 1 b i, ii and iii proved. ./Web_decision__-_Akyol_G.pdf- ./Web_decision__-_Akyol_G.pdf-2. Your behaviour as may be found proven in allegations 1(a) and/or 1(b) above ./Web_decision__-_Akyol_G.pdf: was sexually motivated. ./Web_decision__-_Akyol_G.pdf- ./Web_decision__-_Akyol_G.pdf:Mr Akyol has denied that his behaviour in allegations 1(a) and/or 1(b) was sexually ./Web_decision__-_Akyol_G.pdf:motivated. In considering whether Mr Akyol's actions had a sexual motive, the panel ./Web_decision__-_Akyol_G.pdf- ./Web_decision__-_Akyol_G.pdf- 8 ./Web_decision__-_Akyol_G.pdf- -- ./Web_decision__-_Akyol_G.pdf:considered the definition of sexual motive applied by Mr Justice Mostyn in Sait v GMC ./Web_decision__-_Akyol_G.pdf-[2018] EWHC 3160 at paragraph 36, namely: ./Web_decision__-_Akyol_G.pdf- ./Web_decision__-_Akyol_G.pdf:'A sexual motive means that the conduct was done either in pursuit of sexual gratification ./Web_decision__-_Akyol_G.pdf:or in pursuit of a future sexual relationship'. ./Web_decision__-_Akyol_G.pdf- ./Web_decision__-_Akyol_G.pdf:In relation to both Pupil A and Pupil B, Mr Akyol has admitted that he engaged in sexual ./Web_decision__-_Akyol_G.pdf:activity and sexual intercourse when they were pupils at the school and thereafter. In ./Web_decision__-_Akyol_G.pdf:doing so, his actions were clearly in pursuit of sexual gratification and in pursuit of a ./Web_decision__-_Akyol_G.pdf:sexual relationship. ./Web_decision__-_Akyol_G.pdf- ./Web_decision__-_Akyol_G.pdf-The panel finds allegation 2 proved. ./Web_decision__-_Akyol_G.pdf- ./Web_decision__-_Akyol_G.pdf-Findings as to unacceptable professional conduct and/or conduct that ./Web_decision__-_Akyol_G.pdf-may bring the profession into disrepute ./Web_decision__-_Akyol_G.pdf-Having found the allegations to have been proven, the panel considered whether the ./Web_decision__-_Akyol_G.pdf-facts of those proven allegations amount to unacceptable professional conduct and/or ./Web_decision__-_Akyol_G.pdf-conduct that may bring the profession into disrepute. ./Web_decision__-_Akyol_G.pdf- ./Web_decision__-_Akyol_G.pdf-The misconduct predates the introduction of the document Teacher Misconduct: The ./Web_decision__-_Akyol_G.pdf-Prohibition of Teachers, which the panel refers to as “the Advice”. The panel members ./Web_decision__-_Akyol_G.pdf-have, therefore, drawn upon their own knowledge and experience of the standards ./Web_decision__-_Akyol_G.pdf-expected of a teacher at the time of the conduct in question. ./Web_decision__-_Akyol_G.pdf- ./Web_decision__-_Akyol_G.pdf:Mr Akyol instigated, developed and engaged in sexual relationships with two Sixth Form ./Web_decision__-_Akyol_G.pdf-pupils which he knew breached the proper boundaries appropriate to a teacher's ./Web_decision__-_Akyol_G.pdf-professional position. This is evidenced by the way he concealed those relationships and ./Web_decision__-_Akyol_G.pdf-asked the pupils to conceal them. ./Web_decision__-_Akyol_G.pdf- ./Web_decision__-_Akyol_G.pdf-The panel is satisfied that the conduct of Mr Akyol amounts to misconduct of a serious ./Web_decision__-_Akyol_G.pdf-nature which fell significantly short of the standards expected of the profession. ./Web_decision__-_Akyol_G.pdf- ./Web_decision__-_Akyol_G.pdf-Accordingly, the panel is satisfied that Mr Akyol is guilty of unacceptable professional ./Web_decision__-_Akyol_G.pdf-conduct. ./Web_decision__-_Akyol_G.pdf- -- ./Web_decision__-_Akyol_G.pdf-given in order to be punitive, or to show that blame has been apportioned, although they ./Web_decision__-_Akyol_G.pdf-are likely to have punitive effect. ./Web_decision__-_Akyol_G.pdf- ./Web_decision__-_Akyol_G.pdf-The panel has had regards to the particular public interest considerations set out in the ./Web_decision__-_Akyol_G.pdf-Advice and having done so has found a number of them to be relevant in this case, ./Web_decision__-_Akyol_G.pdf-namely the protection of pupils, the maintenance of public confidence in the profession, ./Web_decision__-_Akyol_G.pdf-declaring and upholding proper standards of conduct and the public interest of retaining a ./Web_decision__-_Akyol_G.pdf-teacher in the profession. ./Web_decision__-_Akyol_G.pdf- ./Web_decision__-_Akyol_G.pdf-There is a strong public interest consideration in respect of the protection of pupils given ./Web_decision__-_Akyol_G.pdf:the serious findings of inappropriate sexual relationships with two pupils. ./Web_decision__-_Akyol_G.pdf- ./Web_decision__-_Akyol_G.pdf-Similarly, the panel considers that public confidence in the profession could be seriously ./Web_decision__-_Akyol_G.pdf-weakened if conduct such as that found against Mr Akyol were not treated with the ./Web_decision__-_Akyol_G.pdf-utmost seriousness when regulating the conduct of the profession. ./Web_decision__-_Akyol_G.pdf- ./Web_decision__-_Akyol_G.pdf-The panel concluded that a strong public interest consideration in declaring proper ./Web_decision__-_Akyol_G.pdf-standards of conduct in the profession was also present as the conduct found against Mr ./Web_decision__-_Akyol_G.pdf-Akyol was outside that which could reasonably be tolerated. ./Web_decision__-_Akyol_G.pdf- ./Web_decision__-_Akyol_G.pdf-The panel considered the public interest aspect in retaining Mr Akyol in the profession. -- ./Web_decision__-_Akyol_G.pdf:  sexual misconduct, e.g. involving actions that were sexually motivated or of a ./Web_decision__-_Akyol_G.pdf: sexual nature and/or that use or exploit the trust, knowledge or influence derived ./Web_decision__-_Akyol_G.pdf- from the individual’s professional position; ./Web_decision__-_Akyol_G.pdf-Even though there were behaviours that would point to a prohibition order being ./Web_decision__-_Akyol_G.pdf-appropriate, the panel went on to consider whether or not there were sufficient mitigating ./Web_decision__-_Akyol_G.pdf-factors to militate against a prohibition order being an appropriate and proportionate ./Web_decision__-_Akyol_G.pdf-measure to impose, particularly taking into account the nature and severity of the ./Web_decision__-_Akyol_G.pdf-behaviour in this case. ./Web_decision__-_Akyol_G.pdf- ./Web_decision__-_Akyol_G.pdf-Mr Akyol's relationship with Pupil A, which is the subject of allegation 1(a), resulted in a ./Web_decision__-_Akyol_G.pdf-final written warning. Aside from this, Mr Akyol has a previous good history and has not ./Web_decision__-_Akyol_G.pdf-been the subject of any previous proceedings by the TRA or the General Teaching -- ./Web_decision__-_Akyol_G.pdf-the panel is sufficient. ./Web_decision__-_Akyol_G.pdf- ./Web_decision__-_Akyol_G.pdf-The panel is of the view that applying the standard of the ordinary intelligent citizen ./Web_decision__-_Akyol_G.pdf-recommending no prohibition order is not a proportionate and appropriate response. ./Web_decision__-_Akyol_G.pdf-Recommending that publication of adverse findings is sufficient in this case would ./Web_decision__-_Akyol_G.pdf-unacceptably compromise the public interest considerations present, despite the severity ./Web_decision__-_Akyol_G.pdf-of the consequences for Mr Akyol of prohibition. ./Web_decision__-_Akyol_G.pdf- ./Web_decision__-_Akyol_G.pdf-The panel is of the view that prohibition is both proportionate and appropriate. The panel ./Web_decision__-_Akyol_G.pdf-has decided that the public interest considerations outweigh the interests of Mr Akyol. ./Web_decision__-_Akyol_G.pdf:The fact that Mr Akyol engaged in concealed sexual relationships with two pupils was a ./Web_decision__-_Akyol_G.pdf-significant consideration in forming that opinion. Accordingly, the panel makes a ./Web_decision__-_Akyol_G.pdf-recommendation to the Secretary of State that a prohibition order should be imposed with ./Web_decision__-_Akyol_G.pdf-immediate effect. ./Web_decision__-_Akyol_G.pdf- ./Web_decision__-_Akyol_G.pdf-The panel went on to consider whether or not it would be appropriate to recommend a ./Web_decision__-_Akyol_G.pdf-review period of the order. The panel was mindful that a prohibition order applies for life, ./Web_decision__-_Akyol_G.pdf-but there may be circumstances in any given case that may make it appropriate to allow ./Web_decision__-_Akyol_G.pdf-a teacher to apply to have the prohibition order reviewed after a specified period of time ./Web_decision__-_Akyol_G.pdf-that may not be less than two years. ./Web_decision__-_Akyol_G.pdf- -- ./Web_decision__-_Akyol_G.pdf-The Advice indicates that there are behaviours that, if proven, would militate against a ./Web_decision__-_Akyol_G.pdf:review period being recommended. These behaviours include serious sexual ./Web_decision__-_Akyol_G.pdf:misconduct, e.g. where the act was sexually motivated, particularly where the individual ./Web_decision__-_Akyol_G.pdf-has used their professional position to influence or exploit a person or persons. The ./Web_decision__-_Akyol_G.pdf:panel has found that Mr Akyol has been responsible for such serious sexual misconduct ./Web_decision__-_Akyol_G.pdf-on two occasions. ./Web_decision__-_Akyol_G.pdf- ./Web_decision__-_Akyol_G.pdf-The panel felt the findings indicated a situation in which a review period not be ./Web_decision__-_Akyol_G.pdf-appropriate and as such decided that it would be proportionate in all the circumstances to ./Web_decision__-_Akyol_G.pdf-recommend a prohibition order without provision for a review period. ./Web_decision__-_Akyol_G.pdf- ./Web_decision__-_Akyol_G.pdf- ./Web_decision__-_Akyol_G.pdf-Decision and reasons on behalf of the Secretary of State ./Web_decision__-_Akyol_G.pdf-I have given very careful consideration to this case and to the recommendation of the ./Web_decision__-_Akyol_G.pdf-panel in respect of both sanction and review period. -- ./Web_decision__-_Akyol_G.pdf- ./Web_decision__-_Akyol_G.pdf-I have taken into consideration the panel’s comments that, ‘The misconduct predates the ./Web_decision__-_Akyol_G.pdf-introduction of the document Teacher Misconduct: The Prohibition of Teachers, which the ./Web_decision__-_Akyol_G.pdf-panel refers to as “the Advice”. The panel members have, therefore, drawn upon their ./Web_decision__-_Akyol_G.pdf-own knowledge and experience of the standards expected of a teacher at the time of the ./Web_decision__-_Akyol_G.pdf-conduct in question.’ ./Web_decision__-_Akyol_G.pdf- ./Web_decision__-_Akyol_G.pdf-The panel is satisfied that the conduct of Mr Akyol amounts to, ‘misconduct of a serious ./Web_decision__-_Akyol_G.pdf-nature which fell significantly short of the standards expected of the profession.’ ./Web_decision__-_Akyol_G.pdf- ./Web_decision__-_Akyol_G.pdf:The findings of misconduct are particularly serious as they include a finding of sexual ./Web_decision__-_Akyol_G.pdf-misconduct. ./Web_decision__-_Akyol_G.pdf- ./Web_decision__-_Akyol_G.pdf-I have to determine whether the imposition of a prohibition order is proportionate and in ./Web_decision__-_Akyol_G.pdf-the public interest. In considering that for this case, I have considered the overall aim of a ./Web_decision__-_Akyol_G.pdf-prohibition order which is to protect pupils and to maintain public confidence in the ./Web_decision__-_Akyol_G.pdf-profession. I have considered the extent to which a prohibition order in this case would ./Web_decision__-_Akyol_G.pdf-achieve that aim taking into account the impact that it will have on the individual teacher. ./Web_decision__-_Akyol_G.pdf-I have also asked myself, whether a less intrusive measure, such as the published ./Web_decision__-_Akyol_G.pdf-finding of unacceptable professional conduct and conduct that may bring the profession ./Web_decision__-_Akyol_G.pdf- -- ./Web_decision__-_Akyol_G.pdf-into disrepute, would itself be sufficient to achieve the overall aim. I have to consider ./Web_decision__-_Akyol_G.pdf-whether the consequences of such a publication are themselves sufficient. I have ./Web_decision__-_Akyol_G.pdf-considered therefore whether or not prohibiting Mr Aykol, and the impact that will have on ./Web_decision__-_Akyol_G.pdf-him, is proportionate and in the public interest. ./Web_decision__-_Akyol_G.pdf- ./Web_decision__-_Akyol_G.pdf-In this case, I have considered the extent to which a prohibition order would protect ./Web_decision__-_Akyol_G.pdf-children. The panel has observed, “There is a strong public interest consideration in ./Web_decision__-_Akyol_G.pdf:respect of the protection of pupils given the serious findings of inappropriate sexual ./Web_decision__-_Akyol_G.pdf-relationships with two pupils.” A prohibition order would therefore prevent such a risk from ./Web_decision__-_Akyol_G.pdf-being present in the future. ./Web_decision__-_Akyol_G.pdf- ./Web_decision__-_Akyol_G.pdf-I have noted that the panel has made no comment on insight or remorse. In my ./Web_decision__-_Akyol_G.pdf-judgement, the lack of evidence of insight and the fact that Mr Akyol has been ./Web_decision__-_Akyol_G.pdf:responsible for serious sexual misconduct on two occasions means that there is some ./Web_decision__-_Akyol_G.pdf-risk of the repetition of this behaviour and this puts at risk future pupils’ safeguarding. I ./Web_decision__-_Akyol_G.pdf-have therefore given this element considerable weight in reaching my decision. ./Web_decision__-_Akyol_G.pdf- ./Web_decision__-_Akyol_G.pdf-I have gone on to consider the extent to which a prohibition order would maintain public ./Web_decision__-_Akyol_G.pdf-confidence in the profession. The panel observe, “the panel considers that public ./Web_decision__-_Akyol_G.pdf-confidence in the profession could be seriously weakened if conduct such as that found ./Web_decision__-_Akyol_G.pdf-against Mr Akyol were not treated with the utmost seriousness when regulating the ./Web_decision__-_Akyol_G.pdf:conduct of the profession.” I am particularly mindful of the finding of sexual misconduct in ./Web_decision__-_Akyol_G.pdf-this case and the impact that such a finding has on the reputation of the profession. ./Web_decision__-_Akyol_G.pdf- ./Web_decision__-_Akyol_G.pdf-I have had to consider that the public has a high expectation of professional standards of ./Web_decision__-_Akyol_G.pdf-all teachers and that the public might regard a failure to impose a prohibition order as a ./Web_decision__-_Akyol_G.pdf-failure to uphold those high standards. In weighing these considerations, I have had to ./Web_decision__-_Akyol_G.pdf-consider the matter from the point of view of an “ordinary intelligent and well-informed ./Web_decision__-_Akyol_G.pdf-citizen.” ./Web_decision__-_Akyol_G.pdf- ./Web_decision__-_Akyol_G.pdf-I have considered whether the publication of a finding of unacceptable professional ./Web_decision__-_Akyol_G.pdf-conduct, in the absence of a prohibition order, can itself be regarded by such a person as -- ./Web_decision__-_Akyol_G.pdf-profession. ./Web_decision__-_Akyol_G.pdf- ./Web_decision__-_Akyol_G.pdf-For these reasons, I have concluded that a prohibition order is proportionate and in the ./Web_decision__-_Akyol_G.pdf-public interest in order to achieve the intended aims of a prohibition order. ./Web_decision__-_Akyol_G.pdf- ./Web_decision__-_Akyol_G.pdf-I have gone on to consider the matter of a review period. In this case, the panel has ./Web_decision__-_Akyol_G.pdf-recommended that no provision should be made for a review period. ./Web_decision__-_Akyol_G.pdf- ./Web_decision__-_Akyol_G.pdf-I have considered the panel’s comments, “The Advice indicates that there are behaviours ./Web_decision__-_Akyol_G.pdf-that, if proven, would militate against a review period being recommended. These ./Web_decision__-_Akyol_G.pdf:behaviours include serious sexual misconduct, e.g. where the act was sexually ./Web_decision__-_Akyol_G.pdf-motivated, particularly where the individual has used their professional position to ./Web_decision__-_Akyol_G.pdf-influence or exploit a person or persons. The panel has found that Mr Akyol has been ./Web_decision__-_Akyol_G.pdf:responsible for such serious sexual misconduct on two occasions.” ./Web_decision__-_Akyol_G.pdf- ./Web_decision__-_Akyol_G.pdf-I have considered whether a no review period reflects the seriousness of the findings and ./Web_decision__-_Akyol_G.pdf-is a proportionate period to achieve the aim of maintaining public confidence in the ./Web_decision__-_Akyol_G.pdf-profession. In this case, I agree with the panel and am of the view that in light of the ./Web_decision__-_Akyol_G.pdf-serious nature of the misconduct found and the lack of insight or remorse a lesser review ./Web_decision__-_Akyol_G.pdf-period is not sufficient to achieve the aim of maintaining public confidence in the ./Web_decision__-_Akyol_G.pdf-profession. ./Web_decision__-_Akyol_G.pdf- ./Web_decision__-_Akyol_G.pdf-I consider therefore that allowing for no review period is necessary to maintain public ./Web_decision__-_Akyol_G.pdf-confidence and is proportionate and in the public interest. ./Web_Decision__-_BEASLEY_Andrew.pdf:However, this is a case involving offences involving sexual activity, which the Advice ./Web_Decision__-_BEASLEY_Andrew.pdf-states is likely to be considered a relevant offence. Whilst the panel noted that the ./Web_Decision__-_BEASLEY_Andrew.pdf-offences in question were committed outside of the education setting, the panel ./Web_Decision__-_BEASLEY_Andrew.pdf-considered that the repeated and serious nature of the offending is such that each ./Web_Decision__-_BEASLEY_Andrew.pdf-conviction can properly be seen as a relevant conviction. ./Web_Decision__-_BEASLEY_Andrew.pdf- ./Web_Decision__-_BEASLEY_Andrew.pdf-The panel considers that a finding that these convictions are relevant offences is ./Web_Decision__-_BEASLEY_Andrew.pdf-necessary to reaffirm clear standards of conduct so as to maintain public confidence in ./Web_Decision__-_BEASLEY_Andrew.pdf-the teaching profession. ./Web_Decision__-_BEASLEY_Andrew.pdf- ./Web_Decision__-_BEASLEY_Andrew.pdf-Panel’s recommendation to the Secretary of State -- ./Web_Decision__-_BEASLEY_Andrew.pdf-the panel and both were written prior to the convictions. ./Web_Decision__-_BEASLEY_Andrew.pdf- ./Web_Decision__-_BEASLEY_Andrew.pdf-In carrying out the balancing exercise, the panel has considered the public interest ./Web_Decision__-_BEASLEY_Andrew.pdf-considerations both in favour of and against prohibition as well as the interests of Mr ./Web_Decision__-_BEASLEY_Andrew.pdf-Beasley. The panel took further account of the Advice, which suggests that a prohibition ./Web_Decision__-_BEASLEY_Andrew.pdf-order may be appropriate if certain behaviours of a teacher have been proven. In the list ./Web_Decision__-_BEASLEY_Andrew.pdf-of such behaviours, those that are relevant in this case are: ./Web_Decision__-_BEASLEY_Andrew.pdf- ./Web_Decision__-_BEASLEY_Andrew.pdf-  serious departure from the personal and professional conduct elements of the ./Web_Decision__-_BEASLEY_Andrew.pdf- Teachers’ Standards; ./Web_Decision__-_BEASLEY_Andrew.pdf:  sexual misconduct, eg involving actions that were sexually motivated or of a ./Web_Decision__-_BEASLEY_Andrew.pdf: sexual nature and/or that use or exploit the trust, knowledge or influence derived ./Web_Decision__-_BEASLEY_Andrew.pdf- from the individual’s professional position; ./Web_Decision__-_BEASLEY_Andrew.pdf-  the commission of a serious criminal offence, including those that resulted in a ./Web_Decision__-_BEASLEY_Andrew.pdf- conviction or caution, paying particular attention to offences that are ‘relevant ./Web_Decision__-_BEASLEY_Andrew.pdf- matters’ for the purposes of The Police Act 1997 and criminal record disclosures. ./Web_Decision__-_BEASLEY_Andrew.pdf-Even though there were behaviours that would point to a prohibition order being ./Web_Decision__-_BEASLEY_Andrew.pdf-appropriate, the panel went on to consider whether or not there were sufficient mitigating ./Web_Decision__-_BEASLEY_Andrew.pdf-factors to militate against a prohibition order being an appropriate and proportionate ./Web_Decision__-_BEASLEY_Andrew.pdf-measure to impose, particularly taking into account the nature and severity of the ./Web_Decision__-_BEASLEY_Andrew.pdf-behaviour in this case. Mr Beasley has said in his evidence that his actions were not ./Web_Decision__-_BEASLEY_Andrew.pdf-deliberate and described what occurred as an "accident". However, the elements of each -- ./Web_Decision__-_BEASLEY_Andrew.pdf-immediate effect. ./Web_Decision__-_BEASLEY_Andrew.pdf- ./Web_Decision__-_BEASLEY_Andrew.pdf-The panel went on to consider whether or not it would be appropriate for it to decide to ./Web_Decision__-_BEASLEY_Andrew.pdf-recommend that a review period of the order should be considered. The panel is mindful ./Web_Decision__-_BEASLEY_Andrew.pdf-that the Advice advises that a prohibition order applies for life, but there may be ./Web_Decision__-_BEASLEY_Andrew.pdf-circumstances in any given case that may make it appropriate to allow a teacher to apply ./Web_Decision__-_BEASLEY_Andrew.pdf-to have the prohibition order reviewed after a specified period of time that may not be ./Web_Decision__-_BEASLEY_Andrew.pdf-less than 2 years. ./Web_Decision__-_BEASLEY_Andrew.pdf- ./Web_Decision__-_BEASLEY_Andrew.pdf-The Advice indicates that there are behaviours that, if proven, would militate against a ./Web_Decision__-_BEASLEY_Andrew.pdf:review period being recommended. One of these behaviours is serious sexual ./Web_Decision__-_BEASLEY_Andrew.pdf:misconduct, eg where the act was sexually motivated and resulted in or had the potential ./Web_Decision__-_BEASLEY_Andrew.pdf-to result in, harm to a person or persons, particularly where the individual has used their ./Web_Decision__-_BEASLEY_Andrew.pdf-professional position to influence or exploit a person or persons. Whilst Mr Beasley has ./Web_Decision__-_BEASLEY_Andrew.pdf-not abused his position of trust as a teacher, he has nevertheless put members of the ./Web_Decision__-_BEASLEY_Andrew.pdf-public at risk of harm and behaved in a wholly unacceptable manner. The panel has ./Web_Decision__-_BEASLEY_Andrew.pdf-found that Mr Beasley has limited insight into his conduct. ./Web_Decision__-_BEASLEY_Andrew.pdf- ./Web_Decision__-_BEASLEY_Andrew.pdf-The panel felt the findings indicated a situation in which a review period would not be ./Web_Decision__-_BEASLEY_Andrew.pdf-appropriate and as such decided that it would be proportionate in all the circumstances ./Web_Decision__-_BEASLEY_Andrew.pdf-for the prohibition order to be recommended without provision for a review period. ./Web_Decision__-_BEASLEY_Andrew.pdf- ./Web_Decision__-_BEASLEY_Andrew.pdf-Decision and reasons on behalf of the Secretary of State ./Web_Decision__-_BEASLEY_Andrew.pdf-I have given very careful consideration to this case and to the recommendations made by ./Web_Decision__-_BEASLEY_Andrew.pdf-the panel in respect of sanction and review period. ./Web_Decision__-_BEASLEY_Andrew.pdf- ./Web_Decision__-_BEASLEY_Andrew.pdf:This case involves criminal convictions of a serious and sexual nature. The panel has ./Web_Decision__-_BEASLEY_Andrew.pdf-found that the offences are relevant and that Mr Beasley is in breach of the following ./Web_Decision__-_BEASLEY_Andrew.pdf-standard: ./Web_Decision__-_BEASLEY_Andrew.pdf- ./Web_Decision__-_BEASLEY_Andrew.pdf-  Teachers uphold public trust in the profession and maintain high standards of ./Web_Decision__-_BEASLEY_Andrew.pdf- ethics and behaviour, within and outside school, by ./Web_Decision__-_BEASLEY_Andrew.pdf- o showing tolerance of and respect for the rights of others; ./Web_Decision__-_BEASLEY_Andrew.pdf-I have taken into account the guidance published by the Secretary of State and taken into ./Web_Decision__-_BEASLEY_Andrew.pdf-account the need to be proportionate. I have also taken into account the need to balance ./Web_Decision__-_BEASLEY_Andrew.pdf-the public interest with the interests of Mr Beasley. ./Web_Decision__-_BEASLEY_Andrew.pdf- -- ./Web_Decision__-_BEASLEY_Andrew.pdf:  sexual misconduct, eg involving actions that were sexually motivated or of a ./Web_Decision__-_BEASLEY_Andrew.pdf: sexual nature and/or that use or exploit the trust, knowledge or influence derived ./Web_Decision__-_BEASLEY_Andrew.pdf- from the individual’s professional position; ./Web_Decision__-_BEASLEY_Andrew.pdf-  the commission of a serious criminal offence, including those that resulted in a ./Web_Decision__-_BEASLEY_Andrew.pdf- conviction or caution, paying particular attention to offences that are ‘relevant ./Web_Decision__-_BEASLEY_Andrew.pdf- matters’ for the purposes of The Police Act 1997 and criminal record disclosures. ./Web_Decision__-_BEASLEY_Andrew.pdf-I have carefully considered the recommendation made by the panel. For the reasons set ./Web_Decision__-_BEASLEY_Andrew.pdf-out I support the panel and agree that Mr Beasley should be prohibited from teaching. ./Web_Decision__-_BEASLEY_Andrew.pdf- ./Web_Decision__-_BEASLEY_Andrew.pdf-I have also considered the matter of a review period. I have noted the panel’s comments ./Web_Decision__-_BEASLEY_Andrew.pdf-on insight. ./Web_Decision__-_BEASLEY_Andrew.pdf- ./Web_decision__-_McCarthy_Denis_.pdf-him in respect of maintaining professional boundaries with pupils on 28 July 2014 ./Web_decision__-_McCarthy_Denis_.pdf- ./Web_decision__-_McCarthy_Denis_.pdf- ./Web_decision__-_McCarthy_Denis_.pdf-8. In or around June or July 2015, he encouraged pupils to use swear/rude words in a ./Web_decision__-_McCarthy_Denis_.pdf-religion lesson ./Web_decision__-_McCarthy_Denis_.pdf- ./Web_decision__-_McCarthy_Denis_.pdf- ./Web_decision__-_McCarthy_Denis_.pdf-9. His actions as described above at paragraphs 1 and/or 2 and/or 3 and/or 4 and/or 5 ./Web_decision__-_McCarthy_Denis_.pdf-and/or 6 were ./Web_decision__-_McCarthy_Denis_.pdf- a. inappropriate, and/or ./Web_decision__-_McCarthy_Denis_.pdf: b. sexually motivated ./Web_decision__-_McCarthy_Denis_.pdf- ./Web_decision__-_McCarthy_Denis_.pdf- ./Web_decision__-_McCarthy_Denis_.pdf-Whilst Mr McCarthy admitted some of the actions that underlay the allegations, he denied ./Web_decision__-_McCarthy_Denis_.pdf:any conduct to be inappropriate or sexually motivated. The panel therefore proceeded on ./Web_decision__-_McCarthy_Denis_.pdf-the basis that this was a contested case. ./Web_decision__-_McCarthy_Denis_.pdf- ./Web_decision__-_McCarthy_Denis_.pdf- ./Web_decision__-_McCarthy_Denis_.pdf-C. Preliminary applications ./Web_decision__-_McCarthy_Denis_.pdf-The panel considered an application from the TRA that further documents, not served in ./Web_decision__-_McCarthy_Denis_.pdf-compliance with Rule 4.20 be admitted into evidence. These documents were: ./Web_decision__-_McCarthy_Denis_.pdf- ./Web_decision__-_McCarthy_Denis_.pdf-  Investigation Report into Complaints made against Mr McCarthy regarding Family ./Web_decision__-_McCarthy_Denis_.pdf- A (D847 to D870); ./Web_decision__-_McCarthy_Denis_.pdf- -- ./Web_decision__-_McCarthy_Denis_.pdf-planning and fore-warning being given to the pupils' parents in case any wished for their ./Web_decision__-_McCarthy_Denis_.pdf-child not to participate, or to prepare for a discussion at home. Mr McCarthy's lesson ./Web_decision__-_McCarthy_Denis_.pdf-was, however, spontaneous and did not allow for these appropriate steps to be taken. ./Web_decision__-_McCarthy_Denis_.pdf- ./Web_decision__-_McCarthy_Denis_.pdf-The panel therefore found this allegation proved. ./Web_decision__-_McCarthy_Denis_.pdf- ./Web_decision__-_McCarthy_Denis_.pdf- ./Web_decision__-_McCarthy_Denis_.pdf-9. Your actions as described above at paragraphs 1 and/or 2 and/or 3 and/or 4 ./Web_decision__-_McCarthy_Denis_.pdf-and/or 5 and/or 6 were ./Web_decision__-_McCarthy_Denis_.pdf- a. inappropriate, and/or ./Web_decision__-_McCarthy_Denis_.pdf: b. sexually motivated ./Web_decision__-_McCarthy_Denis_.pdf-As has been set out for those allegations found proved, in the panel's view, it is essential ./Web_decision__-_McCarthy_Denis_.pdf-there are clear and unambiguous boundaries between a teacher and pupil in respect of ./Web_decision__-_McCarthy_Denis_.pdf-physical contact. ./Web_decision__-_McCarthy_Denis_.pdf- ./Web_decision__-_McCarthy_Denis_.pdf- ./Web_decision__-_McCarthy_Denis_.pdf- 22 ./Web_decision__-_McCarthy_Denis_.pdf- -- ./Web_decision__-_McCarthy_Denis_.pdf-In the panel's view, it is not for a teacher to act as a surrogate parent and conduct that ./Web_decision__-_McCarthy_Denis_.pdf-leads to such a relationship to develop is inappropriate and crosses the professional ./Web_decision__-_McCarthy_Denis_.pdf-boundaries. The panel therefore found this allegation proved in respect of Mr McCarthy's ./Web_decision__-_McCarthy_Denis_.pdf-behaviour being inappropriate. ./Web_decision__-_McCarthy_Denis_.pdf- ./Web_decision__-_McCarthy_Denis_.pdf:In respect of sexual motivation, the panel reminded itself that its primary aim was to ./Web_decision__-_McCarthy_Denis_.pdf-determine Mr McCarthy's state of mind in this respect. It noted that a number of the ./Web_decision__-_McCarthy_Denis_.pdf-TRA's witnesses viewed Mr McCarthy's actions as inappropriate and, in their opinion, he ./Web_decision__-_McCarthy_Denis_.pdf:was sexually motivated. ./Web_decision__-_McCarthy_Denis_.pdf- ./Web_decision__-_McCarthy_Denis_.pdf:Mr McCarthy categorically denied that any of his actions were sexually motivated and ./Web_decision__-_McCarthy_Denis_.pdf-stated that the physical contact that he had was 'wholesome' and for the benefit of the ./Web_decision__-_McCarthy_Denis_.pdf-pupils as he acted in a grandfatherly manner. ./Web_decision__-_McCarthy_Denis_.pdf- ./Web_decision__-_McCarthy_Denis_.pdf-The panel had to determine this part of the allegation by inference from surrounding ./Web_decision__-_McCarthy_Denis_.pdf-circumstances at the relevant time. In the panel's view, there was nothing inherently ./Web_decision__-_McCarthy_Denis_.pdf:sexual in Mr McCarthy's actions. ./Web_decision__-_McCarthy_Denis_.pdf- ./Web_decision__-_McCarthy_Denis_.pdf-The panel also noted that all of the proven conduct had taken place in the presence of ./Web_decision__-_McCarthy_Denis_.pdf-others, including pupils (and, on occasion, parents) and teachers, and the physical ./Web_decision__-_McCarthy_Denis_.pdf-contact that did occur was often momentary. ./Web_decision__-_McCarthy_Denis_.pdf- ./Web_decision__-_McCarthy_Denis_.pdf-Whilst there was some consistency in respect of the characteristics of the pupils subject ./Web_decision__-_McCarthy_Denis_.pdf-to the allegations, when taking the above factors into account, in the absence of any ./Web_decision__-_McCarthy_Denis_.pdf-stronger inference, this pattern was not sufficient to persuade the panel there was any ./Web_decision__-_McCarthy_Denis_.pdf:sexual motivation on the part of Mr McCarthy. The panel, therefore, did not find this ./Web_decision__-_McCarthy_Denis_.pdf:allegation proved in respect of sexual motivation. ./Web_decision__-_McCarthy_Denis_.pdf- ./Web_decision__-_McCarthy_Denis_.pdf-The panel has also found the following particulars of the allegations against you not ./Web_decision__-_McCarthy_Denis_.pdf-proven, for these reasons: ./Web_decision__-_McCarthy_Denis_.pdf- ./Web_decision__-_McCarthy_Denis_.pdf-1. In relation to Pupil A: ./Web_decision__-_McCarthy_Denis_.pdf- ./Web_decision__-_McCarthy_Denis_.pdf- f. On an unknown date in 2012 or 2013 you were alone with Pupil A in your ./Web_decision__-_McCarthy_Denis_.pdf- classroom and you: ./Web_decision__-_McCarthy_Denis_.pdf- ./Web_decision__-_McCarthy_Denis_.pdf- i. pushed her against a wall ./Web_Decision__-_Waters__Zachary.pdf- 1.b.iii. Pupil F, when Mr Waters was tucking in Pupil F’s shirt when he was ./Web_Decision__-_Waters__Zachary.pdf- in Year 8; ./Web_Decision__-_Waters__Zachary.pdf- ./Web_Decision__-_Waters__Zachary.pdf- 1.c. touched intimate areas of one or more pupils’ bodies including: ./Web_Decision__-_Waters__Zachary.pdf- ./Web_Decision__-_Waters__Zachary.pdf- 1.c.i. rubbing an ointment into Pupil E’s groin in Autumn 1998; ./Web_Decision__-_Waters__Zachary.pdf- ./Web_Decision__-_Waters__Zachary.pdf-2. Failed to maintain professional boundaries and / or engaged in inappropriate ./Web_Decision__-_Waters__Zachary.pdf-behaviour towards one or more pupils during excursion(s) to Embrun, France, in that he: ./Web_Decision__-_Waters__Zachary.pdf- ./Web_Decision__-_Waters__Zachary.pdf: 2.a. engaged in a conversation of a sexual nature with a group of pupils during the ./Web_Decision__-_Waters__Zachary.pdf- coach journey in 1998; ./Web_Decision__-_Waters__Zachary.pdf- ./Web_Decision__-_Waters__Zachary.pdf- 2.b. touched Pupil D whilst he sat next to him as Pupil D slept during the coach ./Web_Decision__-_Waters__Zachary.pdf- journey in 1998; ./Web_Decision__-_Waters__Zachary.pdf- ./Web_Decision__-_Waters__Zachary.pdf- 2.c. looked at one or more pupils as they were showering in their individual ./Web_Decision__-_Waters__Zachary.pdf- cubicles, including Pupil E in 1997. ./Web_Decision__-_Waters__Zachary.pdf- ./Web_Decision__-_Waters__Zachary.pdf:3. In acting as described at (1) and/or (2) above, his conduct was sexually motivated. ./Web_Decision__-_Waters__Zachary.pdf- ./Web_Decision__-_Waters__Zachary.pdf-Mr Waters denied all the allegations. ./Web_Decision__-_Waters__Zachary.pdf- ./Web_Decision__-_Waters__Zachary.pdf- ./Web_Decision__-_Waters__Zachary.pdf- ./Web_Decision__-_Waters__Zachary.pdf- ./Web_Decision__-_Waters__Zachary.pdf- 4 ./Web_Decision__-_Waters__Zachary.pdf- -- ./Web_Decision__-_Waters__Zachary.pdf-The panel is mindful that public hearings are necessary because the public nature of ./Web_Decision__-_Waters__Zachary.pdf-proceedings deters inappropriate behaviour. It also maintains the public’s confidence in ./Web_Decision__-_Waters__Zachary.pdf-the administration of justice. It enables the public to know that justice is being ./Web_Decision__-_Waters__Zachary.pdf-administered impartially. It can result in evidence becoming available which would not ./Web_Decision__-_Waters__Zachary.pdf-become available if the proceedings were conducted behind closed doors. It makes ./Web_Decision__-_Waters__Zachary.pdf-uninformed and inaccurate comment about the proceedings less likely. ./Web_Decision__-_Waters__Zachary.pdf- ./Web_Decision__-_Waters__Zachary.pdf-Balanced against these public interest considerations, the panel has taken account of the ./Web_Decision__-_Waters__Zachary.pdf-potential negative impact on Mr Waters of the proceedings continuing in public. Mr ./Web_Decision__-_Waters__Zachary.pdf-Barraclough has told the panel that Mr Waters is concerned about potential malicious ./Web_Decision__-_Waters__Zachary.pdf:reporting of his case, which, given his sexual orientation, would cause enormous damage ./Web_Decision__-_Waters__Zachary.pdf-to him, both emotionally, and potentially physically. ./Web_Decision__-_Waters__Zachary.pdf- ./Web_Decision__-_Waters__Zachary.pdf-However, the panel is of the view that there is nothing exceptional about Mr Waters’ case ./Web_Decision__-_Waters__Zachary.pdf-which would justify a departure from the general rule to hear this matter in public. It is ./Web_Decision__-_Waters__Zachary.pdf:quite common for NCTL cases to involve allegations of a sexual nature where the ./Web_Decision__-_Waters__Zachary.pdf:teacher’s sexual orientation may be referred to. In the panel’s view it would set a ./Web_Decision__-_Waters__Zachary.pdf-dangerous precedent to allow this case to proceed in private for this reason alone. The ./Web_Decision__-_Waters__Zachary.pdf-panel, therefore, considers that the public interest considerations outweigh Mr Waters’ ./Web_Decision__-_Waters__Zachary.pdf-interests, and it is in the interests of justice to continue proceeding in public. ./Web_Decision__-_Waters__Zachary.pdf- ./Web_Decision__-_Waters__Zachary.pdf-The panel would remind the parties that if there are any particular issues or elements of ./Web_Decision__-_Waters__Zachary.pdf-evidence which are considered to be particularly sensitive, the parties may make ./Web_Decision__-_Waters__Zachary.pdf-separate applications in respect of them, to hear those elements in private, and the panel ./Web_Decision__-_Waters__Zachary.pdf-will give separate consideration to any such applications. ./Web_Decision__-_Waters__Zachary.pdf- ./Web_Decision__-_Waters__Zachary.pdf- -- ./Web_Decision__-_Waters__Zachary.pdf-has considered whether there is a risk that prejudice would be caused to Mr Waters if the ./Web_Decision__-_Waters__Zachary.pdf-amendment were to be allowed. The panel is of the view that the proposed amendment ./Web_Decision__-_Waters__Zachary.pdf-is administrative in nature and does not change the nature of allegations against Mr ./Web_Decision__-_Waters__Zachary.pdf-Waters. The panel does not consider that his case would have been prepared any ./Web_Decision__-_Waters__Zachary.pdf-differently had this amendment been made at an earlier stage. In the circumstances, the ./Web_Decision__-_Waters__Zachary.pdf-panel is content to amend the allegation as proposed by Mr Bentley. ./Web_Decision__-_Waters__Zachary.pdf- ./Web_Decision__-_Waters__Zachary.pdf-Link between allegations 1.a and 3. ./Web_Decision__-_Waters__Zachary.pdf- ./Web_Decision__-_Waters__Zachary.pdf-At the end of the NCTL’s case, the panel heard submissions from Mr Barraclough that ./Web_Decision__-_Waters__Zachary.pdf:there was no evidence to support a finding of sexual motivation in relation to allegation ./Web_Decision__-_Waters__Zachary.pdf-1.a, and therefore this element of the allegations should be withdrawn. ./Web_Decision__-_Waters__Zachary.pdf- ./Web_Decision__-_Waters__Zachary.pdf-The panel considered representations from both parties, as well as advice from the legal ./Web_Decision__-_Waters__Zachary.pdf-advisor. ./Web_Decision__-_Waters__Zachary.pdf- ./Web_Decision__-_Waters__Zachary.pdf-The panel was of the view that it would be premature to withdraw this element of the ./Web_Decision__-_Waters__Zachary.pdf:allegations. The panel’s assessment of whether or not Mr Waters’ actions were sexually ./Web_Decision__-_Waters__Zachary.pdf- ./Web_Decision__-_Waters__Zachary.pdf- 10 ./Web_Decision__-_Waters__Zachary.pdf- -- ./Web_Decision__-_Waters__Zachary.pdf-touched Pupil E’s skin between the abdomen and thigh. The panel considers that this is ./Web_Decision__-_Waters__Zachary.pdf-an intimate area of the body and the panel is satisfied on the balance of probabilities that ./Web_Decision__-_Waters__Zachary.pdf-Mr Waters did rub an ointment into Pupil E’s groin. ./Web_Decision__-_Waters__Zachary.pdf- ./Web_Decision__-_Waters__Zachary.pdf-The panel therefore finds this allegation proven. ./Web_Decision__-_Waters__Zachary.pdf- ./Web_Decision__-_Waters__Zachary.pdf-2. Failed to maintain professional boundaries and / or engaged in inappropriate ./Web_Decision__-_Waters__Zachary.pdf-behaviour towards one or more pupils during excursion(s) to Embrun, France, in ./Web_Decision__-_Waters__Zachary.pdf-that he: ./Web_Decision__-_Waters__Zachary.pdf- ./Web_Decision__-_Waters__Zachary.pdf:2.a. engaged in a conversation of a sexual nature with a group of pupils during the ./Web_Decision__-_Waters__Zachary.pdf-coach journey in 1998 ./Web_Decision__-_Waters__Zachary.pdf- ./Web_Decision__-_Waters__Zachary.pdf-In 2001, when Witness A undertook an investigation into the 1998 Embrun trip, he ./Web_Decision__-_Waters__Zachary.pdf-interviewed a number of pupils. Of these, Pupil D (p.66), Pupil O (p.84), and Pupil P ./Web_Decision__-_Waters__Zachary.pdf:(p.86) reported that there was a conversation on the coach of a sexual nature. These ./Web_Decision__-_Waters__Zachary.pdf-pupils gave live evidence to the panel. Pupils P and O had no independent memory of ./Web_Decision__-_Waters__Zachary.pdf-these discussions, so could not confirm or expand upon their 2001 interviews. Pupil D ./Web_Decision__-_Waters__Zachary.pdf-confirmed that he had clear recollections of certain parts of the conversation, and gave ./Web_Decision__-_Waters__Zachary.pdf-examples which were of an explicit nature. He recalled Mr Waters being involved in the ./Web_Decision__-_Waters__Zachary.pdf-conversation, but he could not remember any of the other teachers on the bus or whether ./Web_Decision__-_Waters__Zachary.pdf-they were also involved. Pupil D also told the panel that he now thought that the ./Web_Decision__-_Waters__Zachary.pdf-conversation went on for too long and it was an error of judgment by Mr Waters not to ./Web_Decision__-_Waters__Zachary.pdf-“nip it in the bud” earlier. ./Web_Decision__-_Waters__Zachary.pdf- ./Web_Decision__-_Waters__Zachary.pdf-In his evidence, Mr Waters said that he only had a vague memory of this incident and ./Web_Decision__-_Waters__Zachary.pdf-could not recall what was actually said. He said it was highly unlikely that he would have ./Web_Decision__-_Waters__Zachary.pdf-said some of the things ascribed to him. He said he would have tried to bring the ./Web_Decision__-_Waters__Zachary.pdf-conversation to an end in a measured, factual way, for example by referring to bleeding ./Web_Decision__-_Waters__Zachary.pdf-and HIV, to put pupils off from continuing to talk about it. He denied initiating or ./Web_Decision__-_Waters__Zachary.pdf-encouraging continuing the conversation. However, he accepted that the context was ./Web_Decision__-_Waters__Zachary.pdf-boyish banter and there may have been humour in what he said, and he acknowledged ./Web_Decision__-_Waters__Zachary.pdf:that the conversation would have been more appropriate in a sex education lesson in the ./Web_Decision__-_Waters__Zachary.pdf-classroom rather than on the back of a coach on the way to a school holiday. He also ./Web_Decision__-_Waters__Zachary.pdf-accepted that not ending the conversation earlier was part of the laddish, rugby tour ./Web_Decision__-_Waters__Zachary.pdf-atmosphere of the trip. ./Web_Decision__-_Waters__Zachary.pdf- ./Web_Decision__-_Waters__Zachary.pdf-In his interview with Witness A in 2001, Witness C also gave examples of some of the ./Web_Decision__-_Waters__Zachary.pdf-language used during that conversation, and described it as “over the top” (p.96). In his ./Web_Decision__-_Waters__Zachary.pdf- ./Web_Decision__-_Waters__Zachary.pdf- ./Web_Decision__-_Waters__Zachary.pdf- 15 ./Web_Decision__-_Waters__Zachary.pdf- -- ./Web_Decision__-_Waters__Zachary.pdf-evidence to the panel, Mr Holland said that Mr Waters was handling the conversation ./Web_Decision__-_Waters__Zachary.pdf-appropriately by trying to stop it. ./Web_Decision__-_Waters__Zachary.pdf- ./Web_Decision__-_Waters__Zachary.pdf-In addition, Witness B gave evidence to the panel that he thought Mr Waters’ comments ./Web_Decision__-_Waters__Zachary.pdf-had a degree of flippancy to them as that was Mr Waters’ style and he was trying to ./Web_Decision__-_Waters__Zachary.pdf-defuse the situation. Witness B said he was a relatively new teacher at the time and he ./Web_Decision__-_Waters__Zachary.pdf-thought that Mr Waters was handling the situation as best fitted the culture of the school ./Web_Decision__-_Waters__Zachary.pdf-and the trip. With hindsight, and today, Witness B would not make those comments, but ./Web_Decision__-_Waters__Zachary.pdf-would be more strong in closing down the conversation. ./Web_Decision__-_Waters__Zachary.pdf- ./Web_Decision__-_Waters__Zachary.pdf:On balance, the panel considers that Mr Waters did engage in a conversation of a sexual ./Web_Decision__-_Waters__Zachary.pdf-nature with a group of pupils on the coach journey to Embrun in 1998. Whilst the panel ./Web_Decision__-_Waters__Zachary.pdf-accepts that he may have been trying to bring the conversation to an end, the panel ./Web_Decision__-_Waters__Zachary.pdf-considers that he should have been clearer and firmer in stopping it. He knew that this ./Web_Decision__-_Waters__Zachary.pdf-was a potentially difficult group of pupils and it was not appropriate to allow the ./Web_Decision__-_Waters__Zachary.pdf-informality of the trip and the laddish behaviour to descend into such a crude and over ./Web_Decision__-_Waters__Zachary.pdf-the top conversation. By allowing this to continue and not stopping it earlier, Mr Waters ./Web_Decision__-_Waters__Zachary.pdf-failed to maintain professional boundaries and engaged in inappropriate behaviour ./Web_Decision__-_Waters__Zachary.pdf-towards the pupils. ./Web_Decision__-_Waters__Zachary.pdf- ./Web_Decision__-_Waters__Zachary.pdf-The panel therefore finds this allegation proven. -- ./Web_Decision__-_Waters__Zachary.pdf-do anything inappropriate without being immediately spotted. Further, some of the ./Web_Decision__-_Waters__Zachary.pdf-witnesses do not place him in the middle seat at the back, so it would have been ./Web_Decision__-_Waters__Zachary.pdf-impractical or impossible for him to have touched Pupil D. In addition, the panel can see ./Web_Decision__-_Waters__Zachary.pdf-nothing in Mr Waters’ character that would suggest that he would touch Pupil D in the ./Web_Decision__-_Waters__Zachary.pdf-manner alleged. ./Web_Decision__-_Waters__Zachary.pdf- ./Web_Decision__-_Waters__Zachary.pdf-In the circumstances, the panel finds it implausible that Mr Waters would have touched ./Web_Decision__-_Waters__Zachary.pdf-Pupil D while sitting next to him as Pupil D slept on the coach, and the panel therefore ./Web_Decision__-_Waters__Zachary.pdf-finds this allegation not proven. ./Web_Decision__-_Waters__Zachary.pdf- ./Web_Decision__-_Waters__Zachary.pdf:3. In acting as described at (1) and/or (2) above, Mr Waters’ conduct was sexually ./Web_Decision__-_Waters__Zachary.pdf-motivated. ./Web_Decision__-_Waters__Zachary.pdf- ./Web_Decision__-_Waters__Zachary.pdf-The panel has found allegations 1.a, 1.c, 2.a and 2.c proven. The panel has considered ./Web_Decision__-_Waters__Zachary.pdf-each in turn and looked at what inferences it could draw from the wider circumstances in ./Web_Decision__-_Waters__Zachary.pdf-assessing the reasons for Mr Waters’ engaging in the conduct found proven. ./Web_Decision__-_Waters__Zachary.pdf- ./Web_Decision__-_Waters__Zachary.pdf-The panel has considered whether, on the balance of probabilities, reasonable persons ./Web_Decision__-_Waters__Zachary.pdf:would think the actions found proven could be sexual and if so, whether, in all the ./Web_Decision__-_Waters__Zachary.pdf-circumstances of the conduct in the case, it is more likely than not that Mr Waters’ ./Web_Decision__-_Waters__Zachary.pdf:purpose of such actions was sexual. The panel notes that throughout the proceedings Mr ./Web_Decision__-_Waters__Zachary.pdf:Waters has vehemently denied any sexual motivation to any of his actions. ./Web_Decision__-_Waters__Zachary.pdf- ./Web_Decision__-_Waters__Zachary.pdf-The panel is of the view that Mr Waters was a committed, energetic and enthusiastic ./Web_Decision__-_Waters__Zachary.pdf-teacher of both history and PE. He had a clear philosophy of education, consistent both ./Web_Decision__-_Waters__Zachary.pdf-in the classroom and in PE and games. He was committed to holistic education and ./Web_Decision__-_Waters__Zachary.pdf-wanted to do the best for his pupils. ./Web_Decision__-_Waters__Zachary.pdf- ./Web_Decision__-_Waters__Zachary.pdf-In the panel’s view, Mr Waters sometimes got carried away with his enthusiasm for ./Web_Decision__-_Waters__Zachary.pdf-providing a fun and competitive environment for his pupils, and he did not always think ./Web_Decision__-_Waters__Zachary.pdf-through the implications of his actions. This resulted in some of his conduct going beyond ./Web_Decision__-_Waters__Zachary.pdf-appropriate professional boundaries, which also put himself in a vulnerable position in -- ./Web_Decision__-_Waters__Zachary.pdf-However, the panel is satisfied that his conduct, whilst sometimes showing poor ./Web_Decision__-_Waters__Zachary.pdf:judgment, was not sexually motivated. ./Web_Decision__-_Waters__Zachary.pdf- ./Web_Decision__-_Waters__Zachary.pdf-The panel therefore finds this allegation not proven. ./Web_Decision__-_Waters__Zachary.pdf- ./Web_Decision__-_Waters__Zachary.pdf-Findings as to unacceptable professional conduct ./Web_Decision__-_Waters__Zachary.pdf-Having found allegations 1.a, 1.c, 2.a and 2.c proven, the panel has gone on to consider ./Web_Decision__-_Waters__Zachary.pdf-whether the facts of those proven allegations amount to unacceptable professional ./Web_Decision__-_Waters__Zachary.pdf-conduct. In doing so, the panel has had regard to the document Teacher Misconduct: ./Web_Decision__-_Waters__Zachary.pdf-The Prohibition of Teachers, which the panel refers to as “the Advice”. ./Web_Decision__-_Waters__Zachary.pdf- ./Web_Decision__-_Waters__Zachary.pdf-The panel notes that unacceptable professional conduct is defined as misconduct of a -- ./Web_Decision__-_Waters__Zachary.pdf- ./Web_Decision__-_Waters__Zachary.pdf- ./Web_Decision__-_Waters__Zachary.pdf- ./Web_Decision__-_Waters__Zachary.pdf-As indicated in the Advice document, the panel has also considered whether Mr Waters’ ./Web_Decision__-_Waters__Zachary.pdf-conduct displayed behaviours associated with any of the offences in the list beginning on ./Web_Decision__-_Waters__Zachary.pdf-page 8 of the Advice, which would be indicators of unacceptable professional conduct. ./Web_Decision__-_Waters__Zachary.pdf-However, the panel considers that none is relevant in Mr Waters’ case. ./Web_Decision__-_Waters__Zachary.pdf- ./Web_Decision__-_Waters__Zachary.pdf-In the panel’s view, rubbing ointment into a pupil’s groin area, taking a pupil to the beach ./Web_Decision__-_Waters__Zachary.pdf-alone and having him get changed there, deliberately looking at a pupil in a shower even ./Web_Decision__-_Waters__Zachary.pdf:if part of a prank, and allowing a crude sexual conversation between pupils to continue ./Web_Decision__-_Waters__Zachary.pdf-for too long, are all highly inappropriate actions by a teacher. They may have been well ./Web_Decision__-_Waters__Zachary.pdf-intentioned, but in the panel’s view were very unwise, particularly given that Mr Waters ./Web_Decision__-_Waters__Zachary.pdf-was aware of the importance of avoiding putting himself in situations that could be ./Web_Decision__-_Waters__Zachary.pdf-misinterpreted or open him up to allegations of inappropriate behaviour. This is ./Web_Decision__-_Waters__Zachary.pdf-underlined by the fact that the school issued guidance to be read in conjunction with the ./Web_Decision__-_Waters__Zachary.pdf-staff handbook, including dealing with sports injuries. Mr Waters’ actions crossed proper ./Web_Decision__-_Waters__Zachary.pdf-professional boundaries, and amounted to a failure to treat pupils with dignity. ./Web_Decision__-_Waters__Zachary.pdf- ./Web_Decision__-_Waters__Zachary.pdf- 22 ./Web_Decision__-_Waters__Zachary.pdf- -- ./Web_Decision__-_Waters__Zachary.pdf-  The panel accepts that Mr Waters has a previously good history as a teacher. ./Web_Decision__-_Waters__Zachary.pdf- ./Web_Decision__-_Waters__Zachary.pdf-Overall, the panel is of the view that, whilst Mr Waters’ actions were a serious departure ./Web_Decision__-_Waters__Zachary.pdf-from the Teachers’ Standards, it is not necessary, appropriate or proportionate to ./Web_Decision__-_Waters__Zachary.pdf-recommend a prohibition order in this particular case. The panel considers that its ./Web_Decision__-_Waters__Zachary.pdf-findings have been arrived at through a rigorous process, and its conclusions set out in ./Web_Decision__-_Waters__Zachary.pdf-detail, which sends an appropriate message to the profession and the wider public. The ./Web_Decision__-_Waters__Zachary.pdf-panel also considers it relevant that Mr Waters’ conduct took place many years ago when ./Web_Decision__-_Waters__Zachary.pdf-attitudes may have been different, and he has since recognised that his actions were ./Web_Decision__-_Waters__Zachary.pdf-inappropriate, and promptly adapted his practices. The panel also considers it important ./Web_Decision__-_Waters__Zachary.pdf:that there was no sexual agenda behind his actions. ./Web_Decision__-_Waters__Zachary.pdf- ./Web_Decision__-_Waters__Zachary.pdf-The panel is particularly mindful that Mr Waters has been through at least three formal ./Web_Decision__-_Waters__Zachary.pdf-investigations over the course of nearly 20 years, and these historic allegations have ./Web_Decision__-_Waters__Zachary.pdf-been putting substantial strain on him for a significant period of time. The impact on his ./Web_Decision__-_Waters__Zachary.pdf-health was apparent when he was giving evidence to the panel. His confidence has been ./Web_Decision__-_Waters__Zachary.pdf-eroded and he has now left the teaching profession. However, he has demonstrated a ./Web_Decision__-_Waters__Zachary.pdf-continuing commitment to education, and passion for teaching cricket in particular. The ./Web_Decision__-_Waters__Zachary.pdf-panel has confidence that Mr Waters would be an asset to the teaching profession and ./Web_Decision__-_Waters__Zachary.pdf-would welcome him back to inspire and enthuse future generations, both in the academic ./Web_Decision__-_Waters__Zachary.pdf-and sports world. -- ./Web_Decision__-_Waters__Zachary.pdf-years ago and ‘attitudes were different then”. Whilst I consider this statement to have the ./Web_Decision__-_Waters__Zachary.pdf-potential to be unhelpful, I agree with the panel that the common sense principles as set ./Web_Decision__-_Waters__Zachary.pdf-out in the Teachers’ Standards ought to have been applied by teachers even 20 years ./Web_Decision__-_Waters__Zachary.pdf-ago. ./Web_Decision__-_Waters__Zachary.pdf- ./Web_Decision__-_Waters__Zachary.pdf-I agree with the panel’s view that a prohibition order in this case would be a ./Web_Decision__-_Waters__Zachary.pdf-disproportionate way of safeguarding the public interest considerations. Mr Waters’ ./Web_Decision__-_Waters__Zachary.pdf-actions may have been well intentioned but in the panel’s view were very unwise, ./Web_Decision__-_Waters__Zachary.pdf-particularly given Mr Waters was aware of the importance of avoiding putting himself in ./Web_Decision__-_Waters__Zachary.pdf-situations that could be misinterpreted or open him up to allegations of inappropriate ./Web_Decision__-_Waters__Zachary.pdf:behaviour. It is also worthy of note that the panel found no sexual agenda behind Mr ./Web_Decision__-_Waters__Zachary.pdf-Waters’ actions. ./Web_Decision__-_Waters__Zachary.pdf- ./Web_Decision__-_Waters__Zachary.pdf-I agree with the panel that that a prohibition order would merely have a punitive effect on ./Web_Decision__-_Waters__Zachary.pdf-Mr Waters, in circumstances where he has already paid a heavy price for his past errors ./Web_Decision__-_Waters__Zachary.pdf-of judgement. ./Web_Decision__-_Waters__Zachary.pdf- ./Web_Decision__-_Waters__Zachary.pdf-On balance, I agree that in this case the public interest and the need to protect the ./Web_Decision__-_Waters__Zachary.pdf-reputation of the profession are secured by a public finding of unacceptable professional ./Web_Decision__-_Waters__Zachary.pdf- ./Web_Decision__-_Waters__Zachary.pdf- ./Web_Decision__Myers__R-15360_.pdf- a) In or around December 2015, when discussing attendance, he made a ./Web_Decision__Myers__R-15360_.pdf- reference to ‘ten naked virgins’ on his drive or words to that effect; ./Web_Decision__Myers__R-15360_.pdf- ./Web_Decision__Myers__R-15360_.pdf- b) Telling one or more pupils that they should ‘show the Chief Examiner your ./Web_Decision__Myers__R-15360_.pdf- cleavage’ or words to that effect; ./Web_Decision__Myers__R-15360_.pdf- ./Web_Decision__Myers__R-15360_.pdf- c) Saying to pupils ‘don’t come to the next lesson with low cut tops on as ./Web_Decision__Myers__R-15360_.pdf- you’re teasing me’ or words to that effect; ./Web_Decision__Myers__R-15360_.pdf- ./Web_Decision__Myers__R-15360_.pdf- d) After reading Pupil B’s work for a textual adaptation task, he said ‘this is like ./Web_Decision__Myers__R-15360_.pdf: soft porn, are you trying to get me off? It’s really good’ or words to that ./Web_Decision__Myers__R-15360_.pdf- effect; ./Web_Decision__Myers__R-15360_.pdf- ./Web_Decision__Myers__R-15360_.pdf- e) When in the Bistro he: ./Web_Decision__Myers__R-15360_.pdf- ./Web_Decision__Myers__R-15360_.pdf- (i) said to Pupil E ‘get down you slag’ or words to that effect when she put ./Web_Decision__Myers__R-15360_.pdf- her foot on the table; ./Web_Decision__Myers__R-15360_.pdf- ./Web_Decision__Myers__R-15360_.pdf- (ii) said to Pupil B ‘do you want me to call her a slut then’ or words to that ./Web_Decision__Myers__R-15360_.pdf- effect, when Pupil B said that he should not have made the comment as ./Web_Decision__Myers__R-15360_.pdf- set out in 1(e)(i). -- ./Web_Decision__Myers__R-15360_.pdf-There is also evidence from Pupil A that this expression was used and the panel is ./Web_Decision__Myers__R-15360_.pdf-persuaded that this expression was used rather than 'women' or 'girls'. ./Web_Decision__Myers__R-15360_.pdf- ./Web_Decision__Myers__R-15360_.pdf-This comment was made to a group of female pupils in a classroom setting. The panel is ./Web_Decision__Myers__R-15360_.pdf:of the view that this expression clearly had a sexualised undertone. Furthermore, Pupil B ./Web_Decision__Myers__R-15360_.pdf-gave evidence that she had confronted Mr Myers in relation to this comment and he stated ./Web_Decision__Myers__R-15360_.pdf-"I am only a man; you can't blame me". ./Web_Decision__Myers__R-15360_.pdf- ./Web_Decision__Myers__R-15360_.pdf-The panel accepts the evidence of Pupil B as credible. The panel is further satisfied that it ./Web_Decision__Myers__R-15360_.pdf-was inappropriate by virtue of the fact that this expression represents the unnecessary use ./Web_Decision__Myers__R-15360_.pdf:of sexualised language. The panel is satisfied on the balance of probabilities that this ./Web_Decision__Myers__R-15360_.pdf-allegation is proven. ./Web_Decision__Myers__R-15360_.pdf- ./Web_Decision__Myers__R-15360_.pdf- b) Telling one or more pupils that they should ‘show the Chief Examiner your ./Web_Decision__Myers__R-15360_.pdf- cleavage’ or words to that effect; ./Web_Decision__Myers__R-15360_.pdf-Mr Myers does not accept this allegation. However, the panel heard oral evidence from ./Web_Decision__Myers__R-15360_.pdf-Pupil B. The evidence of Pupil B was very credible. The panel also had sight of the ./Web_Decision__Myers__R-15360_.pdf-transcripts of the interviews with Pupil C (page 85 of the bundle) and Pupil D (page 89 of ./Web_Decision__Myers__R-15360_.pdf-the bundle) which corroborate the account of Pupil B. ./Web_Decision__Myers__R-15360_.pdf- ./Web_Decision__Myers__R-15360_.pdf-The panel has had regard to how the original complaint against Mr Myers was made, and -- ./Web_Decision__Myers__R-15360_.pdf-the veracity of their accounts. The panel accepts the submission of the NCTL that, had ./Web_Decision__Myers__R-15360_.pdf-there been collusion, then one would expect complaints to be identical. ./Web_Decision__Myers__R-15360_.pdf- ./Web_Decision__Myers__R-15360_.pdf-The panel has had particular regard to the clarity of Pupil B, and is persuaded by her ./Web_Decision__Myers__R-15360_.pdf-evidence. The panel has also accepted the evidence of Pupil B that some pupils, including ./Web_Decision__Myers__R-15360_.pdf-Pupil D, were initially reluctant to complain about Mr Myers. The panel is of the view that ./Web_Decision__Myers__R-15360_.pdf-this also weighs against any suggestion that the pupils have colluded. The panel does not ./Web_Decision__Myers__R-15360_.pdf-accept the account of Mr Myers. ./Web_Decision__Myers__R-15360_.pdf- ./Web_Decision__Myers__R-15360_.pdf-The panel also accepts that the pupils in question believed Mr Myers to be the Chief ./Web_Decision__Myers__R-15360_.pdf:Examiner, and as such interpreted this as suggesting that they should exhibit sexualised ./Web_Decision__Myers__R-15360_.pdf-behaviour towards him. ./Web_Decision__Myers__R-15360_.pdf- ./Web_Decision__Myers__R-15360_.pdf-Rather than encouraging the pupils to focus on their academic work, the panel finds that ./Web_Decision__Myers__R-15360_.pdf-this remark had the effect of demeaning these pupils and objectifying them in an entirely ./Web_Decision__Myers__R-15360_.pdf:inappropriate and sexualised manner. The panel also takes the view that this remark would ./Web_Decision__Myers__R-15360_.pdf-tend to devalue the office of the Chief Examiner in the eyes of the pupils by suggesting that ./Web_Decision__Myers__R-15360_.pdf-the examination process is not based on academic merit. The panel is satisfied that this ./Web_Decision__Myers__R-15360_.pdf-comment was inappropriate. ./Web_Decision__Myers__R-15360_.pdf- ./Web_Decision__Myers__R-15360_.pdf-The panel is satisfied on the balance of probabilities that this allegation is proven. ./Web_Decision__Myers__R-15360_.pdf- ./Web_Decision__Myers__R-15360_.pdf- 7 ./Web_Decision__Myers__R-15360_.pdf- -- ./Web_Decision__Myers__R-15360_.pdf-convincing and prefers the accounts of Pupils B, C and D. ./Web_Decision__Myers__R-15360_.pdf- ./Web_Decision__Myers__R-15360_.pdf-For the reasons set out above under 1b) the panel does not accept that there has been ./Web_Decision__Myers__R-15360_.pdf-any collusion between pupils. The panel rejects the account of Mr Myers. The panel is ./Web_Decision__Myers__R-15360_.pdf-satisfied, on the balance of probabilities, that this remark was made and that it was ./Web_Decision__Myers__R-15360_.pdf-inappropriate. ./Web_Decision__Myers__R-15360_.pdf- ./Web_Decision__Myers__R-15360_.pdf-The panel is satisfied on the balance of probabilities that this allegation is proven. ./Web_Decision__Myers__R-15360_.pdf- ./Web_Decision__Myers__R-15360_.pdf- d) After reading Pupil B’s work for a textual adaptation task, you said ‘this is like ./Web_Decision__Myers__R-15360_.pdf: soft porn, are you trying to get me off? It’s really good’ or words to that effect; ./Web_Decision__Myers__R-15360_.pdf-Mr Myers denied this allegation. The panel heard oral evidence from Pupil B on this ./Web_Decision__Myers__R-15360_.pdf-allegation and found it to be clear and compelling. ./Web_Decision__Myers__R-15360_.pdf- ./Web_Decision__Myers__R-15360_.pdf-The panel is mindful that the study of literature may involve assessment and discussion of ./Web_Decision__Myers__R-15360_.pdf:sexual and romantic matters. However, in this case, Mr Myers made a sexualised and ./Web_Decision__Myers__R-15360_.pdf-gratuitous remark which referred personally to Pupil B. Pupil B described the impact of this ./Web_Decision__Myers__R-15360_.pdf-upon her and said it ‘made her feel physically sick’. The panel finds that this comment was ./Web_Decision__Myers__R-15360_.pdf-inappropriate and is satisfied, on the balance of probabilities, that this allegation is proven. ./Web_Decision__Myers__R-15360_.pdf- ./Web_Decision__Myers__R-15360_.pdf- e) When in the Bistro you: ./Web_Decision__Myers__R-15360_.pdf- i. said to Pupil E ‘get down you slag’ or words to that effect when she put ./Web_Decision__Myers__R-15360_.pdf- her foot on the table; ./Web_Decision__Myers__R-15360_.pdf-Mr Myers accepted this allegation and that the term ‘slag’ had negative connotations ./Web_Decision__Myers__R-15360_.pdf-(paragraph 12 at page 25 of the bundle). The panel heard clear and convincing oral ./Web_Decision__Myers__R-15360_.pdf-evidence from Pupil B who witnessed this incident. Whilst it was reasonable for Mr Myers -- ./Web_Decision__Myers__R-15360_.pdf-to seek to admonish Pupil E for such behaviour, the language used by Mr Myers is ./Web_Decision__Myers__R-15360_.pdf:commonly regarded as a sexual insult targeting females. The panel does not accept Mr ./Web_Decision__Myers__R-15360_.pdf:Myers' explanation that this term did not have a sexual connotation. The panel is satisfied ./Web_Decision__Myers__R-15360_.pdf-that the use of the expression was inappropriate and is satisfied on the balance of ./Web_Decision__Myers__R-15360_.pdf-probabilities that this allegation is proven. ./Web_Decision__Myers__R-15360_.pdf- ./Web_Decision__Myers__R-15360_.pdf- ii. said to Pupil B ‘do you want me to call her a slut then’ or words to that ./Web_Decision__Myers__R-15360_.pdf- effect, when Pupil B said that you should not have made the comment ./Web_Decision__Myers__R-15360_.pdf- as set out in 1(e)(i). ./Web_Decision__Myers__R-15360_.pdf-Mr Myers accepted this allegation and that the term ‘slut’ had negative connotations ./Web_Decision__Myers__R-15360_.pdf-(paragraph 12 at page 25 of the bundle). The panel heard clear and convincing oral ./Web_Decision__Myers__R-15360_.pdf-evidence from Pupil B who confronted Mr Myers about the matter set out above. The panel ./Web_Decision__Myers__R-15360_.pdf:is of the view that the term 'slut' is commonly used, and widely regarded, as a sexual insult ./Web_Decision__Myers__R-15360_.pdf-commonly targeting women. The panel does not accept Mr Myers' explanation that this ./Web_Decision__Myers__R-15360_.pdf:term did not have a sexual connotation. The panel is satisfied that this expression was ./Web_Decision__Myers__R-15360_.pdf-inappropriate and is satisfied on the balance of probabilities that this allegation is proven. ./Web_Decision__Myers__R-15360_.pdf- ./Web_Decision__Myers__R-15360_.pdf- 2. Referred to pupils as: ./Web_Decision__Myers__R-15360_.pdf- a) ‘needy girls’; ./Web_Decision__Myers__R-15360_.pdf- b) ‘leeches’; ./Web_Decision__Myers__R-15360_.pdf- c) ‘naughty girls’; ./Web_Decision__Myers__R-15360_.pdf- d) ‘beautiful girls’. ./Web_Decision__Myers__R-15360_.pdf-Mr Myers accepts these allegations. However, whilst the panel has taken this admission ./Web_Decision__Myers__R-15360_.pdf-into account, it has also carefully considered the matter and had regard to all the evidence ./Web_Decision__Myers__R-15360_.pdf-including the evidence of Pupil B. -- ./Web_Decision__Myers__R-15360_.pdf-The panel has also considered whether Mr Myers displayed behaviours associated with ./Web_Decision__Myers__R-15360_.pdf-any of the offences listed on pages 8 and 9 of the Advice but decided that his conduct, ./Web_Decision__Myers__R-15360_.pdf-whilst serious, did not amount to any of the behaviours listed. ./Web_Decision__Myers__R-15360_.pdf- ./Web_Decision__Myers__R-15360_.pdf-As regards to allegation 1, the panel is of the view that each of the particulars which has ./Web_Decision__Myers__R-15360_.pdf-been found proven represents unacceptable professional conduct. In relation to 1a) to 1e), ./Web_Decision__Myers__R-15360_.pdf:Mr Myers used sexualised language to pupils and also made references to pupils which ./Web_Decision__Myers__R-15360_.pdf:either demeaned them or had the effect of sexually objectifying them. These comments ./Web_Decision__Myers__R-15360_.pdf-had a direct impact on pupils, who reported that this behaviour made them feel ./Web_Decision__Myers__R-15360_.pdf-uncomfortable and disgusted. In the case of Pupil B, she stated in evidence that she ./Web_Decision__Myers__R-15360_.pdf-became de-motivated to the extent that she considered abandoning her studies and ./Web_Decision__Myers__R-15360_.pdf-reported that the conduct had a negative impact on her academic performance. The panel ./Web_Decision__Myers__R-15360_.pdf-accepts that the conduct of Mr Myers had this impact on pupils. Each of the particulars ./Web_Decision__Myers__R-15360_.pdf-even alone would represent a serious and significant departure from acceptable standards ./Web_Decision__Myers__R-15360_.pdf-of professional conduct. ./Web_Decision__Myers__R-15360_.pdf- ./Web_Decision__Myers__R-15360_.pdf-The panel has taken into account how the teaching profession is viewed by others and ./Web_Decision__Myers__R-15360_.pdf-considered the influence that teachers may have on pupils, parents and others in the ./Web_Decision__Myers__R-15360_.pdf-community. The panel has taken account of the uniquely influential role that teachers can ./Web_Decision__Myers__R-15360_.pdf-hold in pupils’ lives and that pupils must be able to view teachers as role models in the ./Web_Decision__Myers__R-15360_.pdf-way they behave. ./Web_Decision__Myers__R-15360_.pdf- ./Web_Decision__Myers__R-15360_.pdf-The findings of misconduct are serious and the conduct displayed would likely have a ./Web_Decision__Myers__R-15360_.pdf-negative impact on the individual’s status as a teacher, potentially damaging the public ./Web_Decision__Myers__R-15360_.pdf:perception. Mr Myers used sexualised language and insults directed at female pupils, ./Web_Decision__Myers__R-15360_.pdf-and also made remarks tending to devalue the office of the Chief Examiner in the eyes of ./Web_Decision__Myers__R-15360_.pdf-pupils (allegation 1b). Accordingly, the panel is satisfied that Mr Myers' actions at ./Web_Decision__Myers__R-15360_.pdf-allegations 1a) to 1e) also constitute conduct that may bring the profession into disrepute. ./Web_Decision__Myers__R-15360_.pdf- ./Web_Decision__Myers__R-15360_.pdf-As regards to allegation 2, the panel is not satisfied that Mr Myers is guilty of ./Web_Decision__Myers__R-15360_.pdf-unacceptable professional conduct. The remarks used were ill-advised and represent a ./Web_Decision__Myers__R-15360_.pdf-departure from the Teachers' Standards. However, the panel is not satisfied that these ./Web_Decision__Myers__R-15360_.pdf-remarks fall significantly short of the behaviour expected of a teacher such as to amount ./Web_Decision__Myers__R-15360_.pdf-to unacceptable professional conduct. Similarly, the panel is of the view that, whilst such ./Web_Decision__Myers__R-15360_.pdf-comments represent a departure from the Teachers’ Standards, they were not so serious -- ./Web_Decision__Myers__R-15360_.pdf-given in order to be punitive, or to show that blame has been apportioned, although they ./Web_Decision__Myers__R-15360_.pdf-are likely to have punitive effect. ./Web_Decision__Myers__R-15360_.pdf- ./Web_Decision__Myers__R-15360_.pdf-The panel has considered the particular public interest considerations set out in the ./Web_Decision__Myers__R-15360_.pdf-Advice and having done so has found a number of them to be relevant in this case, ./Web_Decision__Myers__R-15360_.pdf-namely: the protection of pupils; the maintenance of public confidence in the profession ./Web_Decision__Myers__R-15360_.pdf-and declaring and upholding proper standards of conduct. ./Web_Decision__Myers__R-15360_.pdf- ./Web_Decision__Myers__R-15360_.pdf-The unacceptable professional conduct displayed by Mr Myers was repeated over ./Web_Decision__Myers__R-15360_.pdf-several months and in a number of different contexts. The panel found that Mr Myers' ./Web_Decision__Myers__R-15360_.pdf:conduct involved the use of sexualised and insulting language to and about pupils, ./Web_Decision__Myers__R-15360_.pdf-inappropriate discussions with pupils about personal relationships, inappropriate physical ./Web_Decision__Myers__R-15360_.pdf-contact and a failure to follow school procedures in relation to trips. The panel also found ./Web_Decision__Myers__R-15360_.pdf-that Mr Myers' unacceptable professional conduct had a negative impact on the ./Web_Decision__Myers__R-15360_.pdf-education and well-being of pupils. Given these findings, there is a strong public interest ./Web_Decision__Myers__R-15360_.pdf-consideration in respect of the protection of pupils. ./Web_Decision__Myers__R-15360_.pdf- ./Web_Decision__Myers__R-15360_.pdf- ./Web_Decision__Myers__R-15360_.pdf- ./Web_Decision__Myers__R-15360_.pdf- 15 ./Web_Decision__Myers__R-15360_.pdf- ./Web_Version_OFFICIAL_SENSITIVE_Gascoine_Nicholas_SOS_decision_REDACTED.pdf- b. Asking Pupil C to try on a swimming costume in a cupboard; ./Web_Version_OFFICIAL_SENSITIVE_Gascoine_Nicholas_SOS_decision_REDACTED.pdf- i. Without a reasonable justification for doing so; ./Web_Version_OFFICIAL_SENSITIVE_Gascoine_Nicholas_SOS_decision_REDACTED.pdf- ii. Despite the fact that no swimming lesson was due to take place that ./Web_Version_OFFICIAL_SENSITIVE_Gascoine_Nicholas_SOS_decision_REDACTED.pdf- day. ./Web_Version_OFFICIAL_SENSITIVE_Gascoine_Nicholas_SOS_decision_REDACTED.pdf- c. Asking Pupil E to try on a swimming costume in a cupboard; ./Web_Version_OFFICIAL_SENSITIVE_Gascoine_Nicholas_SOS_decision_REDACTED.pdf- i. Without reasonable justification for doing so; ./Web_Version_OFFICIAL_SENSITIVE_Gascoine_Nicholas_SOS_decision_REDACTED.pdf- ii. Despite the fact that no swimming lesson was due to take place that ./Web_Version_OFFICIAL_SENSITIVE_Gascoine_Nicholas_SOS_decision_REDACTED.pdf- day. ./Web_Version_OFFICIAL_SENSITIVE_Gascoine_Nicholas_SOS_decision_REDACTED.pdf- 2. His behaviour as may be found proven at 1 above; ./Web_Version_OFFICIAL_SENSITIVE_Gascoine_Nicholas_SOS_decision_REDACTED.pdf- a. Made one or more pupils feel uncomfortable and/or ./Web_Version_OFFICIAL_SENSITIVE_Gascoine_Nicholas_SOS_decision_REDACTED.pdf: b. Was sexually motivated. ./Web_Version_OFFICIAL_SENSITIVE_Gascoine_Nicholas_SOS_decision_REDACTED.pdf-Mr Gascoine admitted the facts of allegations 1a.ii, 1a.iii, 1b.ii, 1c.ii and 2a. Mr Gascoine ./Web_Version_OFFICIAL_SENSITIVE_Gascoine_Nicholas_SOS_decision_REDACTED.pdf-denied allegations 1a.i, 1b.i, 1c.i and 2b. In relation to the admitted allegations, Mr ./Web_Version_OFFICIAL_SENSITIVE_Gascoine_Nicholas_SOS_decision_REDACTED.pdf-Gascoine also admitted that those facts amount to unacceptable professional conduct ./Web_Version_OFFICIAL_SENSITIVE_Gascoine_Nicholas_SOS_decision_REDACTED.pdf-and conduct that may bring the profession into disrepute. ./Web_Version_OFFICIAL_SENSITIVE_Gascoine_Nicholas_SOS_decision_REDACTED.pdf- ./Web_Version_OFFICIAL_SENSITIVE_Gascoine_Nicholas_SOS_decision_REDACTED.pdf- ./Web_Version_OFFICIAL_SENSITIVE_Gascoine_Nicholas_SOS_decision_REDACTED.pdf-Preliminary applications ./Web_Version_OFFICIAL_SENSITIVE_Gascoine_Nicholas_SOS_decision_REDACTED.pdf-At the outset of the hearing, the panel noted that the stem of allegation 1 stated ./Web_Version_OFFICIAL_SENSITIVE_Gascoine_Nicholas_SOS_decision_REDACTED.pdf-“including by”. The panel considered whether it was necessary, in the interests of justice, ./Web_Version_OFFICIAL_SENSITIVE_Gascoine_Nicholas_SOS_decision_REDACTED.pdf-to amend the allegation to replace “including” with “namely” or “specifically” or whether -- ./Web_Version_OFFICIAL_SENSITIVE_Gascoine_Nicholas_SOS_decision_REDACTED.pdf-The panel noted in the written evidence that the pupils had reported that they had felt ./Web_Version_OFFICIAL_SENSITIVE_Gascoine_Nicholas_SOS_decision_REDACTED.pdf-very uncomfortable when asked to try on the swimming costumes. The panel also noted ./Web_Version_OFFICIAL_SENSITIVE_Gascoine_Nicholas_SOS_decision_REDACTED.pdf-that the requests made by Mr Gascoine for Pupil B to try on the swimming costume ./Web_Version_OFFICIAL_SENSITIVE_Gascoine_Nicholas_SOS_decision_REDACTED.pdf-“properly” had made her uncomfortable. ./Web_Version_OFFICIAL_SENSITIVE_Gascoine_Nicholas_SOS_decision_REDACTED.pdf- ./Web_Version_OFFICIAL_SENSITIVE_Gascoine_Nicholas_SOS_decision_REDACTED.pdf-The allegation was therefore, found proved. ./Web_Version_OFFICIAL_SENSITIVE_Gascoine_Nicholas_SOS_decision_REDACTED.pdf- ./Web_Version_OFFICIAL_SENSITIVE_Gascoine_Nicholas_SOS_decision_REDACTED.pdf: b. Was sexually motivated. ./Web_Version_OFFICIAL_SENSITIVE_Gascoine_Nicholas_SOS_decision_REDACTED.pdf- ./Web_Version_OFFICIAL_SENSITIVE_Gascoine_Nicholas_SOS_decision_REDACTED.pdf-Having found allegation 1 proved, the panel went on to consider whether Mr Gascoine’s ./Web_Version_OFFICIAL_SENSITIVE_Gascoine_Nicholas_SOS_decision_REDACTED.pdf:conduct was sexually motivated. ./Web_Version_OFFICIAL_SENSITIVE_Gascoine_Nicholas_SOS_decision_REDACTED.pdf- ./Web_Version_OFFICIAL_SENSITIVE_Gascoine_Nicholas_SOS_decision_REDACTED.pdf-The panel accepted that the state of a person’s mind is not something that can be proved ./Web_Version_OFFICIAL_SENSITIVE_Gascoine_Nicholas_SOS_decision_REDACTED.pdf-by direct observation, but by inference or deduction from the surrounding evidence. ./Web_Version_OFFICIAL_SENSITIVE_Gascoine_Nicholas_SOS_decision_REDACTED.pdf- ./Web_Version_OFFICIAL_SENSITIVE_Gascoine_Nicholas_SOS_decision_REDACTED.pdf-Mr Gascoine denied this allegation. ./Web_Version_OFFICIAL_SENSITIVE_Gascoine_Nicholas_SOS_decision_REDACTED.pdf- ./Web_Version_OFFICIAL_SENSITIVE_Gascoine_Nicholas_SOS_decision_REDACTED.pdf-The panel heard from Mr Gascoine that he had asked the pupils to try on the swimming ./Web_Version_OFFICIAL_SENSITIVE_Gascoine_Nicholas_SOS_decision_REDACTED.pdf-costumes as a result of an incident in November 2018 with a pupil wearing an ./Web_Version_OFFICIAL_SENSITIVE_Gascoine_Nicholas_SOS_decision_REDACTED.pdf-inappropriate costume which had caused her distress. For the reasons outlined above, ./Web_Version_OFFICIAL_SENSITIVE_Gascoine_Nicholas_SOS_decision_REDACTED.pdf-the lack of corroborating evidence that the incident occurred and that the incident was ./Web_Version_OFFICIAL_SENSITIVE_Gascoine_Nicholas_SOS_decision_REDACTED.pdf-only raised for the first time with the acting headteacher in January 2019, the panel was ./Web_Version_OFFICIAL_SENSITIVE_Gascoine_Nicholas_SOS_decision_REDACTED.pdf-not satisfied that there had been an incident in November 2018. ./Web_Version_OFFICIAL_SENSITIVE_Gascoine_Nicholas_SOS_decision_REDACTED.pdf- ./Web_Version_OFFICIAL_SENSITIVE_Gascoine_Nicholas_SOS_decision_REDACTED.pdf-The panel did not consider that Mr Gascoine had asked the pupils to try on the swimming ./Web_Version_OFFICIAL_SENSITIVE_Gascoine_Nicholas_SOS_decision_REDACTED.pdf-costumes in the pursuit of a future relationship. However, the panel considered that he ./Web_Version_OFFICIAL_SENSITIVE_Gascoine_Nicholas_SOS_decision_REDACTED.pdf:had done so for sexual gratification and as such the act was sexually motivated. ./Web_Version_OFFICIAL_SENSITIVE_Gascoine_Nicholas_SOS_decision_REDACTED.pdf- ./Web_Version_OFFICIAL_SENSITIVE_Gascoine_Nicholas_SOS_decision_REDACTED.pdf-The panel acknowledged that Mr Gascoine was not present when the pupils were trying ./Web_Version_OFFICIAL_SENSITIVE_Gascoine_Nicholas_SOS_decision_REDACTED.pdf-on the swimming costumes and that the pupils did not show Mr Gascoine the swimming ./Web_Version_OFFICIAL_SENSITIVE_Gascoine_Nicholas_SOS_decision_REDACTED.pdf-costumes once tried on. However, the panel did not consider that there was any other ./Web_Version_OFFICIAL_SENSITIVE_Gascoine_Nicholas_SOS_decision_REDACTED.pdf-reasonable or logical explanation for asking the pupils to try on the swimming costumes. ./Web_Version_OFFICIAL_SENSITIVE_Gascoine_Nicholas_SOS_decision_REDACTED.pdf-The panel noted the inconsistencies in Mr Gascoine’s account, such as his reasoning for ./Web_Version_OFFICIAL_SENSITIVE_Gascoine_Nicholas_SOS_decision_REDACTED.pdf-asking pupils to try on the swimming costumes and the number of months that had ./Web_Version_OFFICIAL_SENSITIVE_Gascoine_Nicholas_SOS_decision_REDACTED.pdf-passed between the alleged incident at the swimming lesson whereby a pupil had worn ./Web_Version_OFFICIAL_SENSITIVE_Gascoine_Nicholas_SOS_decision_REDACTED.pdf-an inappropriate swimming costume. The panel also noted that Mr Gascoine had made ./Web_Version_OFFICIAL_SENSITIVE_Gascoine_Nicholas_SOS_decision_REDACTED.pdf-comments such as asking whether the police were coming to take him away in -- ./Web_Version_OFFICIAL_SENSITIVE_Gascoine_Nicholas_SOS_decision_REDACTED.pdf-not made his concerns about the state of the swimming costumes known to others within ./Web_Version_OFFICIAL_SENSITIVE_Gascoine_Nicholas_SOS_decision_REDACTED.pdf-the School, including Witness A who would often provide the spare swimming costumes ./Web_Version_OFFICIAL_SENSITIVE_Gascoine_Nicholas_SOS_decision_REDACTED.pdf-to the pupils and with whom he had a good working relationship. The panel also noted ./Web_Version_OFFICIAL_SENSITIVE_Gascoine_Nicholas_SOS_decision_REDACTED.pdf-that Mr Gascoine had not informed others of his requests, and that, if the justification had ./Web_Version_OFFICIAL_SENSITIVE_Gascoine_Nicholas_SOS_decision_REDACTED.pdf-been to check the size and quality of the swimming costumes, the way in which the ./Web_Version_OFFICIAL_SENSITIVE_Gascoine_Nicholas_SOS_decision_REDACTED.pdf-pupils were asked to try on the swimming costumes would not have achieved that aim. ./Web_Version_OFFICIAL_SENSITIVE_Gascoine_Nicholas_SOS_decision_REDACTED.pdf-The requests were also made on separate occasions which would have allowed Mr ./Web_Version_OFFICIAL_SENSITIVE_Gascoine_Nicholas_SOS_decision_REDACTED.pdf-Gascoine to reflect on the futility of his request to achieve his stated aim, which was not ./Web_Version_OFFICIAL_SENSITIVE_Gascoine_Nicholas_SOS_decision_REDACTED.pdf-done, and Mr Gascoine had referred to the physical development of the pupils. The panel ./Web_Version_OFFICIAL_SENSITIVE_Gascoine_Nicholas_SOS_decision_REDACTED.pdf-considered that there was no other possible explanation for Mr Gascoine’s actions other ./Web_Version_OFFICIAL_SENSITIVE_Gascoine_Nicholas_SOS_decision_REDACTED.pdf:than sexual motivation. ./Web_Version_OFFICIAL_SENSITIVE_Gascoine_Nicholas_SOS_decision_REDACTED.pdf- ./Web_Version_OFFICIAL_SENSITIVE_Gascoine_Nicholas_SOS_decision_REDACTED.pdf-The allegation was therefore, found proved. ./Web_Version_OFFICIAL_SENSITIVE_Gascoine_Nicholas_SOS_decision_REDACTED.pdf- ./Web_Version_OFFICIAL_SENSITIVE_Gascoine_Nicholas_SOS_decision_REDACTED.pdf-Findings as to unacceptable professional conduct and/or conduct that ./Web_Version_OFFICIAL_SENSITIVE_Gascoine_Nicholas_SOS_decision_REDACTED.pdf-may bring the profession into disrepute ./Web_Version_OFFICIAL_SENSITIVE_Gascoine_Nicholas_SOS_decision_REDACTED.pdf- ./Web_Version_OFFICIAL_SENSITIVE_Gascoine_Nicholas_SOS_decision_REDACTED.pdf-Having found the allegations proved, the panel went on to consider whether the facts of ./Web_Version_OFFICIAL_SENSITIVE_Gascoine_Nicholas_SOS_decision_REDACTED.pdf-those proved allegations amounted to unacceptable professional conduct and/or conduct ./Web_Version_OFFICIAL_SENSITIVE_Gascoine_Nicholas_SOS_decision_REDACTED.pdf-that may bring the profession into disrepute. ./Web_Version_OFFICIAL_SENSITIVE_Gascoine_Nicholas_SOS_decision_REDACTED.pdf- -- ./Web_Version_OFFICIAL_SENSITIVE_Gascoine_Nicholas_SOS_decision_REDACTED.pdf- Teachers must have an understanding of, and always act within, the statutory ./Web_Version_OFFICIAL_SENSITIVE_Gascoine_Nicholas_SOS_decision_REDACTED.pdf- frameworks which set out their professional duties and responsibilities. ./Web_Version_OFFICIAL_SENSITIVE_Gascoine_Nicholas_SOS_decision_REDACTED.pdf- ./Web_Version_OFFICIAL_SENSITIVE_Gascoine_Nicholas_SOS_decision_REDACTED.pdf-The panel was satisfied that the conduct of Mr Gascoine amounted to misconduct of a ./Web_Version_OFFICIAL_SENSITIVE_Gascoine_Nicholas_SOS_decision_REDACTED.pdf-serious nature which fell significantly short of the standards expected of the profession. ./Web_Version_OFFICIAL_SENSITIVE_Gascoine_Nicholas_SOS_decision_REDACTED.pdf- ./Web_Version_OFFICIAL_SENSITIVE_Gascoine_Nicholas_SOS_decision_REDACTED.pdf-Mr Gascoine had asked Pupils B, C and E to try on a swimming costume in a cupboard ./Web_Version_OFFICIAL_SENSITIVE_Gascoine_Nicholas_SOS_decision_REDACTED.pdf-without reasonable explanation. The panel considered that Mr Gascoine had made the ./Web_Version_OFFICIAL_SENSITIVE_Gascoine_Nicholas_SOS_decision_REDACTED.pdf-pupils uncomfortable and as a result of his actions, they had since been questioned ./Web_Version_OFFICIAL_SENSITIVE_Gascoine_Nicholas_SOS_decision_REDACTED.pdf-about the incidents. The panel had also found that the request, in the circumstances, was ./Web_Version_OFFICIAL_SENSITIVE_Gascoine_Nicholas_SOS_decision_REDACTED.pdf:sexually motivated. ./Web_Version_OFFICIAL_SENSITIVE_Gascoine_Nicholas_SOS_decision_REDACTED.pdf- ./Web_Version_OFFICIAL_SENSITIVE_Gascoine_Nicholas_SOS_decision_REDACTED.pdf-The panel also considered whether Mr Gascoine’s conduct displayed behaviours ./Web_Version_OFFICIAL_SENSITIVE_Gascoine_Nicholas_SOS_decision_REDACTED.pdf-associated with any of the offences listed on pages 10 and 11 of the Advice. The panel ./Web_Version_OFFICIAL_SENSITIVE_Gascoine_Nicholas_SOS_decision_REDACTED.pdf-found that none of these offences was relevant. ./Web_Version_OFFICIAL_SENSITIVE_Gascoine_Nicholas_SOS_decision_REDACTED.pdf- ./Web_Version_OFFICIAL_SENSITIVE_Gascoine_Nicholas_SOS_decision_REDACTED.pdf-Accordingly, the panel was satisfied that Mr Gascoine was guilty of unacceptable ./Web_Version_OFFICIAL_SENSITIVE_Gascoine_Nicholas_SOS_decision_REDACTED.pdf-professional conduct. ./Web_Version_OFFICIAL_SENSITIVE_Gascoine_Nicholas_SOS_decision_REDACTED.pdf- ./Web_Version_OFFICIAL_SENSITIVE_Gascoine_Nicholas_SOS_decision_REDACTED.pdf-The panel took into account the way the teaching profession is viewed by others and ./Web_Version_OFFICIAL_SENSITIVE_Gascoine_Nicholas_SOS_decision_REDACTED.pdf-considered the influence that teachers may have on pupils, parents and others in the -- ./Web_Version_OFFICIAL_SENSITIVE_Gascoine_Nicholas_SOS_decision_REDACTED.pdf- ./Web_Version_OFFICIAL_SENSITIVE_Gascoine_Nicholas_SOS_decision_REDACTED.pdf-The panel had regard to the particular public interest considerations set out in the Advice ./Web_Version_OFFICIAL_SENSITIVE_Gascoine_Nicholas_SOS_decision_REDACTED.pdf-and, having done so, found a number of them to be relevant in this case, namely, the ./Web_Version_OFFICIAL_SENSITIVE_Gascoine_Nicholas_SOS_decision_REDACTED.pdf-protection of pupils, the maintenance of public confidence in the profession and declaring ./Web_Version_OFFICIAL_SENSITIVE_Gascoine_Nicholas_SOS_decision_REDACTED.pdf-and upholding proper standards of conduct. The panel also considered whether the ./Web_Version_OFFICIAL_SENSITIVE_Gascoine_Nicholas_SOS_decision_REDACTED.pdf-interest of retaining the teacher in the profession was relevant in this case, but had ./Web_Version_OFFICIAL_SENSITIVE_Gascoine_Nicholas_SOS_decision_REDACTED.pdf-limited evidence as to Mr Gascoine’s abilities as a teacher. ./Web_Version_OFFICIAL_SENSITIVE_Gascoine_Nicholas_SOS_decision_REDACTED.pdf- ./Web_Version_OFFICIAL_SENSITIVE_Gascoine_Nicholas_SOS_decision_REDACTED.pdf-In the light of the panel’s findings against Mr Gascoine, which involved inappropriate ./Web_Version_OFFICIAL_SENSITIVE_Gascoine_Nicholas_SOS_decision_REDACTED.pdf-requests of three pupils to try on a swimming costume without reasonable justification ./Web_Version_OFFICIAL_SENSITIVE_Gascoine_Nicholas_SOS_decision_REDACTED.pdf:and such requests being sexually motivated, there was a strong public interest ./Web_Version_OFFICIAL_SENSITIVE_Gascoine_Nicholas_SOS_decision_REDACTED.pdf-consideration in respect of the protection of pupils, given the serious findings of ./Web_Version_OFFICIAL_SENSITIVE_Gascoine_Nicholas_SOS_decision_REDACTED.pdf-inappropriate requests made of his pupils. ./Web_Version_OFFICIAL_SENSITIVE_Gascoine_Nicholas_SOS_decision_REDACTED.pdf- ./Web_Version_OFFICIAL_SENSITIVE_Gascoine_Nicholas_SOS_decision_REDACTED.pdf-Similarly, the panel considered that public confidence in the profession could be seriously ./Web_Version_OFFICIAL_SENSITIVE_Gascoine_Nicholas_SOS_decision_REDACTED.pdf-weakened if conduct such as that found against Mr Gascoine were not treated with the ./Web_Version_OFFICIAL_SENSITIVE_Gascoine_Nicholas_SOS_decision_REDACTED.pdf-utmost seriousness when regulating the conduct of the profession. ./Web_Version_OFFICIAL_SENSITIVE_Gascoine_Nicholas_SOS_decision_REDACTED.pdf- ./Web_Version_OFFICIAL_SENSITIVE_Gascoine_Nicholas_SOS_decision_REDACTED.pdf-The panel was of the view that a strong public interest consideration in declaring proper ./Web_Version_OFFICIAL_SENSITIVE_Gascoine_Nicholas_SOS_decision_REDACTED.pdf-standards of conduct in the profession was also present as the conduct found against Mr ./Web_Version_OFFICIAL_SENSITIVE_Gascoine_Nicholas_SOS_decision_REDACTED.pdf-Gascoine was outside that which could reasonably be tolerated. -- ./Web_Version_OFFICIAL_SENSITIVE_Gascoine_Nicholas_SOS_decision_REDACTED.pdf- serious departure from the personal and professional conduct elements of the ./Web_Version_OFFICIAL_SENSITIVE_Gascoine_Nicholas_SOS_decision_REDACTED.pdf- Teachers’ Standards; ./Web_Version_OFFICIAL_SENSITIVE_Gascoine_Nicholas_SOS_decision_REDACTED.pdf- ./Web_Version_OFFICIAL_SENSITIVE_Gascoine_Nicholas_SOS_decision_REDACTED.pdf- abuse of position or trust; ./Web_Version_OFFICIAL_SENSITIVE_Gascoine_Nicholas_SOS_decision_REDACTED.pdf- ./Web_Version_OFFICIAL_SENSITIVE_Gascoine_Nicholas_SOS_decision_REDACTED.pdf: sexual misconduct, for example, involving actions that were sexually motivated or of a ./Web_Version_OFFICIAL_SENSITIVE_Gascoine_Nicholas_SOS_decision_REDACTED.pdf: sexual nature and/or that use or exploit the trust, knowledge or influence derived ./Web_Version_OFFICIAL_SENSITIVE_Gascoine_Nicholas_SOS_decision_REDACTED.pdf- from the individual’s professional position. ./Web_Version_OFFICIAL_SENSITIVE_Gascoine_Nicholas_SOS_decision_REDACTED.pdf- ./Web_Version_OFFICIAL_SENSITIVE_Gascoine_Nicholas_SOS_decision_REDACTED.pdf:In relation to sexual misconduct, the panel found that Mr Gascoine’s actions were ./Web_Version_OFFICIAL_SENSITIVE_Gascoine_Nicholas_SOS_decision_REDACTED.pdf:sexually motivated and that the requests he had made of the pupils were only possible by ./Web_Version_OFFICIAL_SENSITIVE_Gascoine_Nicholas_SOS_decision_REDACTED.pdf-his professional position and the trust that the pupils had placed in him as their teacher. ./Web_Version_OFFICIAL_SENSITIVE_Gascoine_Nicholas_SOS_decision_REDACTED.pdf- ./Web_Version_OFFICIAL_SENSITIVE_Gascoine_Nicholas_SOS_decision_REDACTED.pdf-Even though some of the behaviour found proved in this case indicated that a prohibition ./Web_Version_OFFICIAL_SENSITIVE_Gascoine_Nicholas_SOS_decision_REDACTED.pdf-order would be appropriate, the panel went on to consider the mitigating factors. ./Web_Version_OFFICIAL_SENSITIVE_Gascoine_Nicholas_SOS_decision_REDACTED.pdf-Mitigating factors may indicate that a prohibition order would not be appropriate or ./Web_Version_OFFICIAL_SENSITIVE_Gascoine_Nicholas_SOS_decision_REDACTED.pdf-proportionate. ./Web_Version_OFFICIAL_SENSITIVE_Gascoine_Nicholas_SOS_decision_REDACTED.pdf- ./Web_Version_OFFICIAL_SENSITIVE_Gascoine_Nicholas_SOS_decision_REDACTED.pdf-The panel found that Mr Gascoine’s actions were deliberate and that he was not acting ./Web_Version_OFFICIAL_SENSITIVE_Gascoine_Nicholas_SOS_decision_REDACTED.pdf-under duress. Mr Gascoine had asked the pupils to try on the swimming costume over ./Web_Version_OFFICIAL_SENSITIVE_Gascoine_Nicholas_SOS_decision_REDACTED.pdf-lunchtime and at a time when no other adults were present. -- ./Web_Version_OFFICIAL_SENSITIVE_Gascoine_Nicholas_SOS_decision_REDACTED.pdf-made by the panel would be sufficient. ./Web_Version_OFFICIAL_SENSITIVE_Gascoine_Nicholas_SOS_decision_REDACTED.pdf- ./Web_Version_OFFICIAL_SENSITIVE_Gascoine_Nicholas_SOS_decision_REDACTED.pdf-The panel was of the view that, applying the standard of the ordinary intelligent citizen, it ./Web_Version_OFFICIAL_SENSITIVE_Gascoine_Nicholas_SOS_decision_REDACTED.pdf-would not be a proportionate and appropriate response to recommend no prohibition ./Web_Version_OFFICIAL_SENSITIVE_Gascoine_Nicholas_SOS_decision_REDACTED.pdf-order. Recommending that the publication of adverse findings would be sufficient would ./Web_Version_OFFICIAL_SENSITIVE_Gascoine_Nicholas_SOS_decision_REDACTED.pdf-unacceptably compromise the public interest considerations present in this case, despite ./Web_Version_OFFICIAL_SENSITIVE_Gascoine_Nicholas_SOS_decision_REDACTED.pdf-the severity of the consequences for Mr Gascoine of prohibition. ./Web_Version_OFFICIAL_SENSITIVE_Gascoine_Nicholas_SOS_decision_REDACTED.pdf- ./Web_Version_OFFICIAL_SENSITIVE_Gascoine_Nicholas_SOS_decision_REDACTED.pdf-The panel was of the view that prohibition was both proportionate and appropriate. The ./Web_Version_OFFICIAL_SENSITIVE_Gascoine_Nicholas_SOS_decision_REDACTED.pdf-panel decided that the public interest considerations outweighed the interests of Mr ./Web_Version_OFFICIAL_SENSITIVE_Gascoine_Nicholas_SOS_decision_REDACTED.pdf:Gascoine. The finding of sexual motivation was a significant factor in forming that ./Web_Version_OFFICIAL_SENSITIVE_Gascoine_Nicholas_SOS_decision_REDACTED.pdf-opinion. Accordingly, the panel made a recommendation to the Secretary of State that a ./Web_Version_OFFICIAL_SENSITIVE_Gascoine_Nicholas_SOS_decision_REDACTED.pdf-prohibition order should be imposed with immediate effect. ./Web_Version_OFFICIAL_SENSITIVE_Gascoine_Nicholas_SOS_decision_REDACTED.pdf- ./Web_Version_OFFICIAL_SENSITIVE_Gascoine_Nicholas_SOS_decision_REDACTED.pdf- ./Web_Version_OFFICIAL_SENSITIVE_Gascoine_Nicholas_SOS_decision_REDACTED.pdf- ./Web_Version_OFFICIAL_SENSITIVE_Gascoine_Nicholas_SOS_decision_REDACTED.pdf- ./Web_Version_OFFICIAL_SENSITIVE_Gascoine_Nicholas_SOS_decision_REDACTED.pdf- 15 ./Web_Version_OFFICIAL_SENSITIVE_Gascoine_Nicholas_SOS_decision_REDACTED.pdf- -- ./Web_Version_OFFICIAL_SENSITIVE_Gascoine_Nicholas_SOS_decision_REDACTED.pdf-The panel went on to consider whether or not it would be appropriate for it to decide to ./Web_Version_OFFICIAL_SENSITIVE_Gascoine_Nicholas_SOS_decision_REDACTED.pdf-recommend a review period of the order. The panel was mindful that the Advice states ./Web_Version_OFFICIAL_SENSITIVE_Gascoine_Nicholas_SOS_decision_REDACTED.pdf-that a prohibition order applies for life, but there may be circumstances, in any given ./Web_Version_OFFICIAL_SENSITIVE_Gascoine_Nicholas_SOS_decision_REDACTED.pdf-case, that may make it appropriate to allow a teacher to apply to have the prohibition ./Web_Version_OFFICIAL_SENSITIVE_Gascoine_Nicholas_SOS_decision_REDACTED.pdf-order reviewed after a specified period of time that may not be less than 2 years. ./Web_Version_OFFICIAL_SENSITIVE_Gascoine_Nicholas_SOS_decision_REDACTED.pdf- ./Web_Version_OFFICIAL_SENSITIVE_Gascoine_Nicholas_SOS_decision_REDACTED.pdf-The Advice indicates that there are behaviours that, if proved, would militate against the ./Web_Version_OFFICIAL_SENSITIVE_Gascoine_Nicholas_SOS_decision_REDACTED.pdf:recommendation of a review period. One of these was serious sexual misconduct, such ./Web_Version_OFFICIAL_SENSITIVE_Gascoine_Nicholas_SOS_decision_REDACTED.pdf:as where the act was sexually motivated and resulted in, or had the potential to result in, ./Web_Version_OFFICIAL_SENSITIVE_Gascoine_Nicholas_SOS_decision_REDACTED.pdf-harm to a person or persons, particularly where the individual has used his professional ./Web_Version_OFFICIAL_SENSITIVE_Gascoine_Nicholas_SOS_decision_REDACTED.pdf-position to influence or exploit a person or persons. The panel found that Mr Gascoine ./Web_Version_OFFICIAL_SENSITIVE_Gascoine_Nicholas_SOS_decision_REDACTED.pdf-was responsible for asking three pupils to try on a swimming costume in a cupboard and ./Web_Version_OFFICIAL_SENSITIVE_Gascoine_Nicholas_SOS_decision_REDACTED.pdf:that such behaviour was sexually motivated. Although the panel found that the pupils had ./Web_Version_OFFICIAL_SENSITIVE_Gascoine_Nicholas_SOS_decision_REDACTED.pdf-been made to feel uncomfortable and that the pupils would likely remember this incident, ./Web_Version_OFFICIAL_SENSITIVE_Gascoine_Nicholas_SOS_decision_REDACTED.pdf-the panel did not consider that the pupils had been harmed by the incident. Nevertheless, ./Web_Version_OFFICIAL_SENSITIVE_Gascoine_Nicholas_SOS_decision_REDACTED.pdf-this was a serious finding, and the pupils had acquiesced to the request to try on the ./Web_Version_OFFICIAL_SENSITIVE_Gascoine_Nicholas_SOS_decision_REDACTED.pdf-swimming costumes given Mr Gascoine’s position of trust. ./Web_Version_OFFICIAL_SENSITIVE_Gascoine_Nicholas_SOS_decision_REDACTED.pdf- ./Web_Version_OFFICIAL_SENSITIVE_Gascoine_Nicholas_SOS_decision_REDACTED.pdf-The panel noted that Mr Gascoine had reflected on his behaviour and had shown a level ./Web_Version_OFFICIAL_SENSITIVE_Gascoine_Nicholas_SOS_decision_REDACTED.pdf-of remorse. In his written evidence, Mr Gascoine outlined his deep regret at the ./Web_Version_OFFICIAL_SENSITIVE_Gascoine_Nicholas_SOS_decision_REDACTED.pdf-circumstances and the act of asking the pupils to try on the swimming costumes. ./Web_Version_OFFICIAL_SENSITIVE_Gascoine_Nicholas_SOS_decision_REDACTED.pdf-However, the panel found that Mr Gascoine’s actions went further than an inappropriate ./Web_Version_OFFICIAL_SENSITIVE_Gascoine_Nicholas_SOS_decision_REDACTED.pdf:request and were sexually motivated. Mr Gascoine had reflected on his behaviour since ./Web_Version_OFFICIAL_SENSITIVE_Gascoine_Nicholas_SOS_decision_REDACTED.pdf-the investigation, but had not reflected on his behaviour in the context of his actions ./Web_Version_OFFICIAL_SENSITIVE_Gascoine_Nicholas_SOS_decision_REDACTED.pdf:being sexually motivated. Furthermore, Mr Gascoine offered no mitigation to satisfy the ./Web_Version_OFFICIAL_SENSITIVE_Gascoine_Nicholas_SOS_decision_REDACTED.pdf-panel that his actions would not be repeated. The panel had ongoing concerns as to the ./Web_Version_OFFICIAL_SENSITIVE_Gascoine_Nicholas_SOS_decision_REDACTED.pdf-continuing risk Mr Gascoine poses to children, because his actions occurred on more ./Web_Version_OFFICIAL_SENSITIVE_Gascoine_Nicholas_SOS_decision_REDACTED.pdf-than one occasion over a period of time. ./Web_Version_OFFICIAL_SENSITIVE_Gascoine_Nicholas_SOS_decision_REDACTED.pdf- ./Web_Version_OFFICIAL_SENSITIVE_Gascoine_Nicholas_SOS_decision_REDACTED.pdf-The panel decided that the findings indicated a situation in which a review period would ./Web_Version_OFFICIAL_SENSITIVE_Gascoine_Nicholas_SOS_decision_REDACTED.pdf-not be appropriate and, as such, decided that it would be proportionate, in all the ./Web_Version_OFFICIAL_SENSITIVE_Gascoine_Nicholas_SOS_decision_REDACTED.pdf-circumstances, for the prohibition order to be recommended with no provisions for a ./Web_Version_OFFICIAL_SENSITIVE_Gascoine_Nicholas_SOS_decision_REDACTED.pdf-review period. ./Web_Version_OFFICIAL_SENSITIVE_Gascoine_Nicholas_SOS_decision_REDACTED.pdf- ./Web_Version_OFFICIAL_SENSITIVE_Gascoine_Nicholas_SOS_decision_REDACTED.pdf- -- ./Web_Version_OFFICIAL_SENSITIVE_Gascoine_Nicholas_SOS_decision_REDACTED.pdf- Teachers must have proper and professional regard for the ethos, policies and ./Web_Version_OFFICIAL_SENSITIVE_Gascoine_Nicholas_SOS_decision_REDACTED.pdf- practices of the school in which they teach. ./Web_Version_OFFICIAL_SENSITIVE_Gascoine_Nicholas_SOS_decision_REDACTED.pdf- ./Web_Version_OFFICIAL_SENSITIVE_Gascoine_Nicholas_SOS_decision_REDACTED.pdf- Teachers must have an understanding of, and always act within, the statutory ./Web_Version_OFFICIAL_SENSITIVE_Gascoine_Nicholas_SOS_decision_REDACTED.pdf- frameworks which set out their professional duties and responsibilities. ./Web_Version_OFFICIAL_SENSITIVE_Gascoine_Nicholas_SOS_decision_REDACTED.pdf- ./Web_Version_OFFICIAL_SENSITIVE_Gascoine_Nicholas_SOS_decision_REDACTED.pdf-The panel was also “satisfied that the conduct of Mr Gascoine amounted to misconduct ./Web_Version_OFFICIAL_SENSITIVE_Gascoine_Nicholas_SOS_decision_REDACTED.pdf-of a serious nature which fell significantly short of the standards expected of the ./Web_Version_OFFICIAL_SENSITIVE_Gascoine_Nicholas_SOS_decision_REDACTED.pdf-profession.” ./Web_Version_OFFICIAL_SENSITIVE_Gascoine_Nicholas_SOS_decision_REDACTED.pdf- ./Web_Version_OFFICIAL_SENSITIVE_Gascoine_Nicholas_SOS_decision_REDACTED.pdf:The findings of misconduct are particularly serious as they include a finding of sexual ./Web_Version_OFFICIAL_SENSITIVE_Gascoine_Nicholas_SOS_decision_REDACTED.pdf-misconduct . ./Web_Version_OFFICIAL_SENSITIVE_Gascoine_Nicholas_SOS_decision_REDACTED.pdf- ./Web_Version_OFFICIAL_SENSITIVE_Gascoine_Nicholas_SOS_decision_REDACTED.pdf-I have to determine whether the imposition of a prohibition order is proportionate and in ./Web_Version_OFFICIAL_SENSITIVE_Gascoine_Nicholas_SOS_decision_REDACTED.pdf-the public interest. In considering that for this case, I have considered the overall aim of a ./Web_Version_OFFICIAL_SENSITIVE_Gascoine_Nicholas_SOS_decision_REDACTED.pdf-prohibition order which is to protect pupils and to maintain public confidence in the ./Web_Version_OFFICIAL_SENSITIVE_Gascoine_Nicholas_SOS_decision_REDACTED.pdf-profession. I have considered the extent to which a prohibition order in this case would ./Web_Version_OFFICIAL_SENSITIVE_Gascoine_Nicholas_SOS_decision_REDACTED.pdf-achieve that aim taking into account the impact that it will have on the individual teacher. ./Web_Version_OFFICIAL_SENSITIVE_Gascoine_Nicholas_SOS_decision_REDACTED.pdf-I have also asked myself, whether a less intrusive measure, such as the published ./Web_Version_OFFICIAL_SENSITIVE_Gascoine_Nicholas_SOS_decision_REDACTED.pdf-finding of unacceptable professional conduct and conduct that may bring the profession ./Web_Version_OFFICIAL_SENSITIVE_Gascoine_Nicholas_SOS_decision_REDACTED.pdf-into disrepute, would itself be sufficient to achieve the overall aim. I have to consider -- ./Web_Version_OFFICIAL_SENSITIVE_Gascoine_Nicholas_SOS_decision_REDACTED.pdf:request, in the circumstances, was sexually motivated.” A prohibition order would ./Web_Version_OFFICIAL_SENSITIVE_Gascoine_Nicholas_SOS_decision_REDACTED.pdf-therefore prevent such a risk from being present in the future. ./Web_Version_OFFICIAL_SENSITIVE_Gascoine_Nicholas_SOS_decision_REDACTED.pdf- ./Web_Version_OFFICIAL_SENSITIVE_Gascoine_Nicholas_SOS_decision_REDACTED.pdf-I have also taken into account the panel’s comments on insight and remorse, which the ./Web_Version_OFFICIAL_SENSITIVE_Gascoine_Nicholas_SOS_decision_REDACTED.pdf-panel sets out as follows, “The panel noted that Mr Gascoine had reflected on his ./Web_Version_OFFICIAL_SENSITIVE_Gascoine_Nicholas_SOS_decision_REDACTED.pdf-behaviour and had shown a level of remorse. In his written evidence, Mr Gascoine ./Web_Version_OFFICIAL_SENSITIVE_Gascoine_Nicholas_SOS_decision_REDACTED.pdf-outlined his deep regret at the circumstances and the act of asking the pupils to try on the ./Web_Version_OFFICIAL_SENSITIVE_Gascoine_Nicholas_SOS_decision_REDACTED.pdf-swimming costumes. However, the panel found that Mr Gascoine’s actions went further ./Web_Version_OFFICIAL_SENSITIVE_Gascoine_Nicholas_SOS_decision_REDACTED.pdf:than an inappropriate request and were sexually motivated. Mr Gascoine had reflected ./Web_Version_OFFICIAL_SENSITIVE_Gascoine_Nicholas_SOS_decision_REDACTED.pdf-on his behaviour since the investigation, but had not reflected on his behaviour in the ./Web_Version_OFFICIAL_SENSITIVE_Gascoine_Nicholas_SOS_decision_REDACTED.pdf:context of his actions being sexually motivated. Furthermore, Mr Gascoine offered no ./Web_Version_OFFICIAL_SENSITIVE_Gascoine_Nicholas_SOS_decision_REDACTED.pdf-mitigation to satisfy the panel that his actions would not be repeated. The panel had ./Web_Version_OFFICIAL_SENSITIVE_Gascoine_Nicholas_SOS_decision_REDACTED.pdf-ongoing concerns as to the continuing risk Mr Gascoine poses to children, because his ./Web_Version_OFFICIAL_SENSITIVE_Gascoine_Nicholas_SOS_decision_REDACTED.pdf-actions occurred on more than one occasion over a period of time.” In my judgement, the ./Web_Version_OFFICIAL_SENSITIVE_Gascoine_Nicholas_SOS_decision_REDACTED.pdf-lack of full insight means that there is some risk of the repetition of this behaviour and this ./Web_Version_OFFICIAL_SENSITIVE_Gascoine_Nicholas_SOS_decision_REDACTED.pdf-puts at risk the future well being of pupils. I have therefore given this element ./Web_Version_OFFICIAL_SENSITIVE_Gascoine_Nicholas_SOS_decision_REDACTED.pdf-considerable weight in reaching my decision. ./Web_Version_OFFICIAL_SENSITIVE_Gascoine_Nicholas_SOS_decision_REDACTED.pdf- ./Web_Version_OFFICIAL_SENSITIVE_Gascoine_Nicholas_SOS_decision_REDACTED.pdf-I have gone on to consider the extent to which a prohibition order would maintain public ./Web_Version_OFFICIAL_SENSITIVE_Gascoine_Nicholas_SOS_decision_REDACTED.pdf-confidence in the profession. The panel observe that it, “took into account the way the ./Web_Version_OFFICIAL_SENSITIVE_Gascoine_Nicholas_SOS_decision_REDACTED.pdf-teaching profession is viewed by others and considered the influence that teachers may ./Web_Version_OFFICIAL_SENSITIVE_Gascoine_Nicholas_SOS_decision_REDACTED.pdf-have on pupils, parents and others in the community. The panel also took account of the ./Web_Version_OFFICIAL_SENSITIVE_Gascoine_Nicholas_SOS_decision_REDACTED.pdf-uniquely influential role that teachers can hold in pupils’ lives and the fact that pupils must ./Web_Version_OFFICIAL_SENSITIVE_Gascoine_Nicholas_SOS_decision_REDACTED.pdf-be able to view teachers as role models in the way that they behave.” I am particularly ./Web_Version_OFFICIAL_SENSITIVE_Gascoine_Nicholas_SOS_decision_REDACTED.pdf:mindful of the finding of sexual misconduct in this case and the impact that such a finding ./Web_Version_OFFICIAL_SENSITIVE_Gascoine_Nicholas_SOS_decision_REDACTED.pdf-has on the reputation of the profession. ./Web_Version_OFFICIAL_SENSITIVE_Gascoine_Nicholas_SOS_decision_REDACTED.pdf- ./Web_Version_OFFICIAL_SENSITIVE_Gascoine_Nicholas_SOS_decision_REDACTED.pdf-I have had to consider that the public has a high expectation of professional standards of ./Web_Version_OFFICIAL_SENSITIVE_Gascoine_Nicholas_SOS_decision_REDACTED.pdf-all teachers and that the public might regard a failure to impose a prohibition order as a ./Web_Version_OFFICIAL_SENSITIVE_Gascoine_Nicholas_SOS_decision_REDACTED.pdf-failure to uphold those high standards. In weighing these considerations, I have had to ./Web_Version_OFFICIAL_SENSITIVE_Gascoine_Nicholas_SOS_decision_REDACTED.pdf-consider the matter from the point of view of an “ordinary intelligent and well-informed ./Web_Version_OFFICIAL_SENSITIVE_Gascoine_Nicholas_SOS_decision_REDACTED.pdf-citizen.” ./Web_Version_OFFICIAL_SENSITIVE_Gascoine_Nicholas_SOS_decision_REDACTED.pdf- ./Web_Version_OFFICIAL_SENSITIVE_Gascoine_Nicholas_SOS_decision_REDACTED.pdf-I have considered whether the publication of a finding of unacceptable professional ./Web_Version_OFFICIAL_SENSITIVE_Gascoine_Nicholas_SOS_decision_REDACTED.pdf-conduct, in the absence of a prohibition order, can itself be regarded by such a person as -- ./Web_Version_OFFICIAL_SENSITIVE_Gascoine_Nicholas_SOS_decision_REDACTED.pdf-public confidence in the profession. ./Web_Version_OFFICIAL_SENSITIVE_Gascoine_Nicholas_SOS_decision_REDACTED.pdf- ./Web_Version_OFFICIAL_SENSITIVE_Gascoine_Nicholas_SOS_decision_REDACTED.pdf-For these reasons, I have concluded that a prohibition order is proportionate and in the ./Web_Version_OFFICIAL_SENSITIVE_Gascoine_Nicholas_SOS_decision_REDACTED.pdf-public interest in order to achieve the intended aims of a prohibition order. ./Web_Version_OFFICIAL_SENSITIVE_Gascoine_Nicholas_SOS_decision_REDACTED.pdf- ./Web_Version_OFFICIAL_SENSITIVE_Gascoine_Nicholas_SOS_decision_REDACTED.pdf-I have gone on to consider the matter of a review period. In this case, the panel has ./Web_Version_OFFICIAL_SENSITIVE_Gascoine_Nicholas_SOS_decision_REDACTED.pdf-recommended that no provision should be made for a review period. ./Web_Version_OFFICIAL_SENSITIVE_Gascoine_Nicholas_SOS_decision_REDACTED.pdf- ./Web_Version_OFFICIAL_SENSITIVE_Gascoine_Nicholas_SOS_decision_REDACTED.pdf-I have considered the panel’s comments “Mr Gascoine had reflected on his behaviour ./Web_Version_OFFICIAL_SENSITIVE_Gascoine_Nicholas_SOS_decision_REDACTED.pdf-since the investigation, but had not reflected on his behaviour in the context of his actions ./Web_Version_OFFICIAL_SENSITIVE_Gascoine_Nicholas_SOS_decision_REDACTED.pdf:being sexually motivated. Furthermore, Mr Gascoine offered no mitigation to satisfy the ./Web_Version_OFFICIAL_SENSITIVE_Gascoine_Nicholas_SOS_decision_REDACTED.pdf-panel that his actions would not be repeated. The panel had ongoing concerns as to the ./Web_Version_OFFICIAL_SENSITIVE_Gascoine_Nicholas_SOS_decision_REDACTED.pdf-continuing risk Mr Gascoine poses to children, because his actions occurred on more ./Web_Version_OFFICIAL_SENSITIVE_Gascoine_Nicholas_SOS_decision_REDACTED.pdf-than one occasion over a period of time.” ./Web_Version_OFFICIAL_SENSITIVE_Gascoine_Nicholas_SOS_decision_REDACTED.pdf- ./Web_Version_OFFICIAL_SENSITIVE_Gascoine_Nicholas_SOS_decision_REDACTED.pdf-I have considered whether allowing for a no review period reflects the seriousness of the ./Web_Version_OFFICIAL_SENSITIVE_Gascoine_Nicholas_SOS_decision_REDACTED.pdf-findings and is proportionate and necessary to achieve the aim of maintaining public ./Web_Version_OFFICIAL_SENSITIVE_Gascoine_Nicholas_SOS_decision_REDACTED.pdf-confidence in the profession. In this case, the factors which mean that a no review period ./Web_Version_OFFICIAL_SENSITIVE_Gascoine_Nicholas_SOS_decision_REDACTED.pdf:is necessary are the sexual misconduct found, the lack of full remorse or full insight and ./Web_Version_OFFICIAL_SENSITIVE_Gascoine_Nicholas_SOS_decision_REDACTED.pdf-the time period over which the behaviour had taken place. ./Web_Version_OFFICIAL_SENSITIVE_Gascoine_Nicholas_SOS_decision_REDACTED.pdf- ./Web_Version_OFFICIAL_SENSITIVE_Gascoine_Nicholas_SOS_decision_REDACTED.pdf-I consider therefore that allowing for a no review period is necessary to maintain public ./Web_Version_OFFICIAL_SENSITIVE_Gascoine_Nicholas_SOS_decision_REDACTED.pdf-confidence and is proportionate and in the public interest. ./Web_Version_OFFICIAL_SENSITIVE_Gascoine_Nicholas_SOS_decision_REDACTED.pdf- ./Web_Version_OFFICIAL_SENSITIVE_Gascoine_Nicholas_SOS_decision_REDACTED.pdf-This means that Mr Nicholas Gascoine is prohibited from teaching indefinitely and ./Web_Version_OFFICIAL_SENSITIVE_Gascoine_Nicholas_SOS_decision_REDACTED.pdf-cannot teach in any school, sixth form college, relevant youth accommodation or ./Web_Version_OFFICIAL_SENSITIVE_Gascoine_Nicholas_SOS_decision_REDACTED.pdf-children’s home in England. Furthermore, in view of the seriousness of the allegations ./Web_Version_OFFICIAL_SENSITIVE_Gascoine_Nicholas_SOS_decision_REDACTED.pdf-found proved against him, I have decided that Mr Nicholas Gascoine shall not be entitled ./Web_Version_OFFICIAL_SENSITIVE_Gascoine_Nicholas_SOS_decision_REDACTED.pdf-to apply for restoration of his eligibility to teach. ./what-makes-great-pedagogy-nine-claims-from-research.pdf-Galton, M, Hargreaves, L & Pell, T, 2009, Group work and whole-class teaching with 11- to 14-year-olds ./what-makes-great-pedagogy-nine-claims-from-research.pdf-compared, Cambridge Journal of Education, 39, 119–40 ./what-makes-great-pedagogy-nine-claims-from-research.pdf- ./what-makes-great-pedagogy-nine-claims-from-research.pdf-Galton, M, Steward, S, Hargreaves, L, Page, C & Pell, T, 2009, Motivating your Secondary Class, London, Sage ./what-makes-great-pedagogy-nine-claims-from-research.pdf- ./what-makes-great-pedagogy-nine-claims-from-research.pdf-Gilljam, M, Esaiasson, P & Lindholm, T, 2010, The voice of the pupils: an experimental comparison of ./what-makes-great-pedagogy-nine-claims-from-research.pdf-decisions made by elected pupil councils, pupils in referenda, and teaching staff, Educational Assessment, ./what-makes-great-pedagogy-nine-claims-from-research.pdf-Evaluation and Accountability, 22(1), 73–88 ./what-makes-great-pedagogy-nine-claims-from-research.pdf- ./what-makes-great-pedagogy-nine-claims-from-research.pdf-Grimmitt, M., (ed.), 2000 Pedagogies of Religious Education: case studies in the research and development of ./what-makes-great-pedagogy-nine-claims-from-research.pdf:good pedagogic practice in Religious Education, Great Wakering, Essex: McCrimmon ./what-makes-great-pedagogy-nine-claims-from-research.pdf- ./what-makes-great-pedagogy-nine-claims-from-research.pdf-13 © National College for School Leadership ./what-makes-great-pedagogy-nine-claims-from-research.pdf- ./WHEELER_Paul_web_decision.pdf- ./WHEELER_Paul_web_decision.pdf- 1. He failed to maintain professional boundaries by engaging in an inappropriate ./WHEELER_Paul_web_decision.pdf- relationship with Pupil A in that in or around May 2009, he: ./WHEELER_Paul_web_decision.pdf- ./WHEELER_Paul_web_decision.pdf- a. texted Pupil A; ./WHEELER_Paul_web_decision.pdf- ./WHEELER_Paul_web_decision.pdf- b. met with her outside of school on at least one occasion; ./WHEELER_Paul_web_decision.pdf- ./WHEELER_Paul_web_decision.pdf- c. allowed Pupil A to kiss him on the cheek; ./WHEELER_Paul_web_decision.pdf- ./WHEELER_Paul_web_decision.pdf: d. had sexual intercourse with Pupil A on at least one occasion. ./WHEELER_Paul_web_decision.pdf- ./WHEELER_Paul_web_decision.pdf- 2. He received a Final Written warning on 9 June 2009 for the conduct described at ./WHEELER_Paul_web_decision.pdf- allegations 1.a. to 1.c. despite which, whilst Pupil A was still a student at Treviglas ./WHEELER_Paul_web_decision.pdf- High School until July 2010, he: ./WHEELER_Paul_web_decision.pdf- ./WHEELER_Paul_web_decision.pdf- a. left messages in draft for Pupil A on the email account [redacted] for her to ./WHEELER_Paul_web_decision.pdf- access; ./WHEELER_Paul_web_decision.pdf- ./WHEELER_Paul_web_decision.pdf- b. received messages from Pupil A on the email account [redacted] which ./WHEELER_Paul_web_decision.pdf- were left in draft for him to see; -- ./WHEELER_Paul_web_decision.pdf- ./WHEELER_Paul_web_decision.pdf- d. met with Pupil A outside of school on one or more occasions; ./WHEELER_Paul_web_decision.pdf- ./WHEELER_Paul_web_decision.pdf- e. kissed Pupil A on one or more occasions; ./WHEELER_Paul_web_decision.pdf- ./WHEELER_Paul_web_decision.pdf- f. went with Pupil A to his house in Cardiff where they stayed together ./WHEELER_Paul_web_decision.pdf- overnight; ./WHEELER_Paul_web_decision.pdf- ./WHEELER_Paul_web_decision.pdf- g. allowed Pupil A to stay over at his home in St Agnes; ./WHEELER_Paul_web_decision.pdf- ./WHEELER_Paul_web_decision.pdf: h. had sexual intercourse with Pupil A on one or more occasions, including: ./WHEELER_Paul_web_decision.pdf- ./WHEELER_Paul_web_decision.pdf- i. in his car; ./WHEELER_Paul_web_decision.pdf- ./WHEELER_Paul_web_decision.pdf- ii. in his house in Cardiff; ./WHEELER_Paul_web_decision.pdf- ./WHEELER_Paul_web_decision.pdf- iii. in his home; ./WHEELER_Paul_web_decision.pdf- ./WHEELER_Paul_web_decision.pdf- ./WHEELER_Paul_web_decision.pdf- ./WHEELER_Paul_web_decision.pdf- 4 -- ./WHEELER_Paul_web_decision.pdf- School, he; ./WHEELER_Paul_web_decision.pdf- ./WHEELER_Paul_web_decision.pdf- a. left messages in draft for Pupil A on the email account [redacted] for her to ./WHEELER_Paul_web_decision.pdf- access; ./WHEELER_Paul_web_decision.pdf- ./WHEELER_Paul_web_decision.pdf- b. received messages from Pupil A on the email account [redacted] which ./WHEELER_Paul_web_decision.pdf- were left in draft for him to see; ./WHEELER_Paul_web_decision.pdf- ./WHEELER_Paul_web_decision.pdf- c. kissed Pupil A on one or more occasions; ./WHEELER_Paul_web_decision.pdf- ./WHEELER_Paul_web_decision.pdf: d. had sexual intercourse with Pupil A on one or more occasions shortly after ./WHEELER_Paul_web_decision.pdf- she had left school. ./WHEELER_Paul_web_decision.pdf- ./WHEELER_Paul_web_decision.pdf: 4. His conduct in regard to allegations 1 to 3 was sexually motivated. ./WHEELER_Paul_web_decision.pdf- ./WHEELER_Paul_web_decision.pdf- ./WHEELER_Paul_web_decision.pdf-Mr Wheeler admitted allegations 1a to c, allegations 2a to d, and allegation 3. Mr ./WHEELER_Paul_web_decision.pdf-Wheeler denied allegations 1.d., 2.e. to 2.h. and allegation 4. ./WHEELER_Paul_web_decision.pdf- ./WHEELER_Paul_web_decision.pdf- ./WHEELER_Paul_web_decision.pdf-C. Preliminary applications ./WHEELER_Paul_web_decision.pdf-The panel considered an application made on behalf of Mr Wheeler that the hearing be ./WHEELER_Paul_web_decision.pdf-held in private. The panel decided that the public interest required that the hearing should ./WHEELER_Paul_web_decision.pdf-be public. -- ./WHEELER_Paul_web_decision.pdf- ./WHEELER_Paul_web_decision.pdf-The panel has carefully considered the case before it and has reached a decision. ./WHEELER_Paul_web_decision.pdf- ./WHEELER_Paul_web_decision.pdf-The panel confirms that it has read all the documents provided in the bundle in advance ./WHEELER_Paul_web_decision.pdf-of the hearing. ./WHEELER_Paul_web_decision.pdf- ./WHEELER_Paul_web_decision.pdf-Mr Wheeler commenced work as a teacher at Treviglas College (the “College”) in 1998. ./WHEELER_Paul_web_decision.pdf- ./WHEELER_Paul_web_decision.pdf-In or around May 2009, Mr Wheeler met with Pupil A, away from the College’s premises. ./WHEELER_Paul_web_decision.pdf-At that time, Pupil A was aged 17. In late May 2009, a former boyfriend of Pupil A ./WHEELER_Paul_web_decision.pdf:reported to the then headteacher of the College that Mr Wheeler was engaging in sexual ./WHEELER_Paul_web_decision.pdf-intercourse with Pupil A. At that time both Mr Wheeler and Pupil A denied that they were ./WHEELER_Paul_web_decision.pdf:engaging in sexual intercourse. ./WHEELER_Paul_web_decision.pdf- ./WHEELER_Paul_web_decision.pdf-The College investigated the allegation made by Pupil A’s former boyfriend, but found it ./WHEELER_Paul_web_decision.pdf-to be unsubstantiated. Mr Wheeler was however given a formal written warning, ./WHEELER_Paul_web_decision.pdf-following findings that he had met with Pupil A away from the College’s premises and had ./WHEELER_Paul_web_decision.pdf-lied to the headteacher about Pupil A’s parents consenting to this. ./WHEELER_Paul_web_decision.pdf- ./WHEELER_Paul_web_decision.pdf-In February 2013, Pupil A’s father contacted the headteacher of the College, informing ./WHEELER_Paul_web_decision.pdf:her that Mr Wheeler and Pupil A had in fact engaged in sexual intercourse on more than ./WHEELER_Paul_web_decision.pdf-one occasion. The College investigated the allegation and dismissed Mr Wheeler from ./WHEELER_Paul_web_decision.pdf- ./WHEELER_Paul_web_decision.pdf- ./WHEELER_Paul_web_decision.pdf- ./WHEELER_Paul_web_decision.pdf- 6 ./WHEELER_Paul_web_decision.pdf- -- ./WHEELER_Paul_web_decision.pdf- 2. You received a Final Written warning on 9 June 2009 for the conduct ./WHEELER_Paul_web_decision.pdf- described at allegations 1.a. to 1.c. despite which, whilst Pupil A was still a ./WHEELER_Paul_web_decision.pdf- student at Treviglas High School until July 2010, you: ./WHEELER_Paul_web_decision.pdf- ./WHEELER_Paul_web_decision.pdf- … ./WHEELER_Paul_web_decision.pdf- ./WHEELER_Paul_web_decision.pdf- e. kissed Pupil A on one or more occasions; ./WHEELER_Paul_web_decision.pdf- ./WHEELER_Paul_web_decision.pdf-You denied allegation 2.e. The panel has heard oral evidence from Pupil A, during which ./WHEELER_Paul_web_decision.pdf-she stated that you kissed her during the period of time in question. You initially told the ./WHEELER_Paul_web_decision.pdf:panel during oral evidence that your relationship with Pupil A did not become sexual in ./WHEELER_Paul_web_decision.pdf-nature until after she had left the College. ./WHEELER_Paul_web_decision.pdf- ./WHEELER_Paul_web_decision.pdf-The panel found Pupil A to be a credible and compelling witness. Prior to the hearing ./WHEELER_Paul_web_decision.pdf-she had been a reluctant witness, who appeared before the panel only after the ./WHEELER_Paul_web_decision.pdf-presenting officer obtained a direction that Pupil A attend and secured the possibility of ./WHEELER_Paul_web_decision.pdf-evidence being given by video link. When Pupil A did attend to give evidence, she was ./WHEELER_Paul_web_decision.pdf-clear and consistent about those events that she could recollect well and was frank in ./WHEELER_Paul_web_decision.pdf-admitting that she could not recollect other details. However, the panel did take into ./WHEELER_Paul_web_decision.pdf-account that her recollection of the length of the relationship with you was not consistent. ./WHEELER_Paul_web_decision.pdf-Pupil A’s evidence was tested by cross-examination and withstood that form of scrutiny. -- ./WHEELER_Paul_web_decision.pdf-accept occurred, but say happened later). ./WHEELER_Paul_web_decision.pdf- ./WHEELER_Paul_web_decision.pdf-On these bases, the panel finds allegation 2.g. proven. ./WHEELER_Paul_web_decision.pdf- ./WHEELER_Paul_web_decision.pdf- 2. You received a Final Written warning on 9 June 2009 for the conduct ./WHEELER_Paul_web_decision.pdf- described at allegations 1.a. to 1.c. despite which, whilst Pupil A was still a ./WHEELER_Paul_web_decision.pdf- student at Treviglas High School until July 2010, you: ./WHEELER_Paul_web_decision.pdf- ./WHEELER_Paul_web_decision.pdf- … ./WHEELER_Paul_web_decision.pdf- ./WHEELER_Paul_web_decision.pdf: h. had sexual intercourse with Pupil A on one or more occasions, including: ./WHEELER_Paul_web_decision.pdf- ./WHEELER_Paul_web_decision.pdf- … ./WHEELER_Paul_web_decision.pdf- ./WHEELER_Paul_web_decision.pdf- ii. in your house in Cardiff; ./WHEELER_Paul_web_decision.pdf- ./WHEELER_Paul_web_decision.pdf- iii. in your home; ./WHEELER_Paul_web_decision.pdf- ./WHEELER_Paul_web_decision.pdf:You denied allegations h.ii. and h.iii. You have accepted that you have had sexual ./WHEELER_Paul_web_decision.pdf-intercourse with Pupil A in your house in Cardiff and you have accepted that you have ./WHEELER_Paul_web_decision.pdf:had sexual intercourse with Pupil A in your home. You have denied however that these ./WHEELER_Paul_web_decision.pdf-events occurred prior to Pupil A leaving the College. ./WHEELER_Paul_web_decision.pdf- ./WHEELER_Paul_web_decision.pdf-The panel has found, in relation to allegations 2.f. and 2.g., that Pupil A stayed overnight ./WHEELER_Paul_web_decision.pdf-at your house in Cardiff and at your home, prior to 26 April 2010, whilst Pupil A was still ./WHEELER_Paul_web_decision.pdf-at the College. ./WHEELER_Paul_web_decision.pdf- ./WHEELER_Paul_web_decision.pdf-The panel is satisfied, on the basis of the evidence of Pupil A and the intimate nature of ./WHEELER_Paul_web_decision.pdf-the contemporaneous messages between you and Pupil A, that you were engaging in ./WHEELER_Paul_web_decision.pdf:sexual intercourse by April 2010. In particular, the panel notes Pupil A’s message to you ./WHEELER_Paul_web_decision.pdf:of 22 April 2010 at 11:42 in which she stated “… all I can think about now is your sexy ./WHEELER_Paul_web_decision.pdf-face and bum. I really miss your touch!” and your message to Pupil A of 26 April 2010 at ./WHEELER_Paul_web_decision.pdf:22:58 in which you stated “Your so sexy, I just want to kiss and touch you all over” ./WHEELER_Paul_web_decision.pdf-(spelling as per original message). ./WHEELER_Paul_web_decision.pdf- ./WHEELER_Paul_web_decision.pdf- ./WHEELER_Paul_web_decision.pdf- ./WHEELER_Paul_web_decision.pdf- ./WHEELER_Paul_web_decision.pdf- 10 ./WHEELER_Paul_web_decision.pdf- -- ./WHEELER_Paul_web_decision.pdf:The panel notes that you have admitted that you did engage in sexual intercourse with ./WHEELER_Paul_web_decision.pdf-Pupil A at your house in Cardiff and home, but have denied that this took place on the ./WHEELER_Paul_web_decision.pdf-dates alleged. ./WHEELER_Paul_web_decision.pdf- ./WHEELER_Paul_web_decision.pdf:The panel is satisfied that it is more likely than not that you did engage in sexual ./WHEELER_Paul_web_decision.pdf-intercourse with Pupil A at your house in Cardiff and your home, on dates between 9 ./WHEELER_Paul_web_decision.pdf-June 2009 and July 2010. On this basis, the panel finds these allegations proven. ./WHEELER_Paul_web_decision.pdf- ./WHEELER_Paul_web_decision.pdf- 3. Between July 2010 and Summer 2011, after Pupil A had left Treviglas High ./WHEELER_Paul_web_decision.pdf- School, you; ./WHEELER_Paul_web_decision.pdf- ./WHEELER_Paul_web_decision.pdf- a. left messages in draft for Pupil A on the email account [redacted] for her ./WHEELER_Paul_web_decision.pdf- to access; ./WHEELER_Paul_web_decision.pdf- ./WHEELER_Paul_web_decision.pdf- b. received messages from Pupil A on the email account [redacted] which ./WHEELER_Paul_web_decision.pdf- were left in draft for you to see; ./WHEELER_Paul_web_decision.pdf- ./WHEELER_Paul_web_decision.pdf- c. kissed Pupil A on one or more occasions; ./WHEELER_Paul_web_decision.pdf- ./WHEELER_Paul_web_decision.pdf: d. had sexual intercourse with Pupil A on one or more occasions shortly ./WHEELER_Paul_web_decision.pdf- after she had left school. ./WHEELER_Paul_web_decision.pdf- ./WHEELER_Paul_web_decision.pdf-You admitted these allegations and they were consistent with the rest of the evidence ./WHEELER_Paul_web_decision.pdf-before the panel. The panel therefore finds these allegations proven. ./WHEELER_Paul_web_decision.pdf- ./WHEELER_Paul_web_decision.pdf-The panel has found the following particulars of the allegations against you not proven, ./WHEELER_Paul_web_decision.pdf-for these reasons: ./WHEELER_Paul_web_decision.pdf- ./WHEELER_Paul_web_decision.pdf-Whilst employed as a teacher at Treviglas Community College, between 2008 and ./WHEELER_Paul_web_decision.pdf-2013: ./WHEELER_Paul_web_decision.pdf- ./WHEELER_Paul_web_decision.pdf- 1. You failed to maintain professional boundaries by engaging in an ./WHEELER_Paul_web_decision.pdf- inappropriate relationship with Pupil A in that in or around May 2009, you: ./WHEELER_Paul_web_decision.pdf- ./WHEELER_Paul_web_decision.pdf- … ./WHEELER_Paul_web_decision.pdf- ./WHEELER_Paul_web_decision.pdf: d. had sexual intercourse with Pupil A on at least one occasion. ./WHEELER_Paul_web_decision.pdf- ./WHEELER_Paul_web_decision.pdf- 2. You received a Final Written warning on 9 June 2009 for the conduct ./WHEELER_Paul_web_decision.pdf- described at allegations 1.a. to 1.c. despite which, whilst Pupil A was still a ./WHEELER_Paul_web_decision.pdf- student at Treviglas High School until July 2010, you: ./WHEELER_Paul_web_decision.pdf- ./WHEELER_Paul_web_decision.pdf- … ./WHEELER_Paul_web_decision.pdf- ./WHEELER_Paul_web_decision.pdf: h. had sexual intercourse with Pupil A on one or more occasions, including: ./WHEELER_Paul_web_decision.pdf- ./WHEELER_Paul_web_decision.pdf- i. in your car; ./WHEELER_Paul_web_decision.pdf- ./WHEELER_Paul_web_decision.pdf- ./WHEELER_Paul_web_decision.pdf- 11 ./WHEELER_Paul_web_decision.pdf- -- ./WHEELER_Paul_web_decision.pdf-You denied these allegations, admitting that they took place but asserting that they did so ./WHEELER_Paul_web_decision.pdf:after Pupil A left the College. Pupil A’s evidence was that you did have sexual ./WHEELER_Paul_web_decision.pdf-intercourse with her in your car. As noted previously, the panel found Pupil A to be a ./WHEELER_Paul_web_decision.pdf-credible witness. However, in relation to these specific allegations, Pupil A was frank ./WHEELER_Paul_web_decision.pdf-about the level of her recollection of events said to have occurred up to over six years ./WHEELER_Paul_web_decision.pdf-ago, and as such she could not be sure of the dates of these events. Moreover, only one ./WHEELER_Paul_web_decision.pdf-instance of intercourse in your car was specifically referred to in oral evidence, with it ./WHEELER_Paul_web_decision.pdf-being unclear as to whether it was said to have taken place before May 2009 or between ./WHEELER_Paul_web_decision.pdf-9 June 2009 and July 2010. Given the uncertainty around the date on which this event is ./WHEELER_Paul_web_decision.pdf-said to have taken place (or indeed events are said to have taken place) and the lack of ./WHEELER_Paul_web_decision.pdf-other evidence to anchor it in time, the panel cannot be satisfied that the National ./WHEELER_Paul_web_decision.pdf-College has discharged its burden of proof in relation to either of these allegations. ./WHEELER_Paul_web_decision.pdf- ./WHEELER_Paul_web_decision.pdf-The panel finds allegations 1.d. and 2.h.i. not proven. ./WHEELER_Paul_web_decision.pdf- ./WHEELER_Paul_web_decision.pdf: 4. Your conduct in regard to allegations 1 to 3 was sexually motivated. ./WHEELER_Paul_web_decision.pdf- ./WHEELER_Paul_web_decision.pdf:You denied this allegation, stating that your conduct was sexually motivated only from the ./WHEELER_Paul_web_decision.pdf-point in time that Pupil A left the College. ./WHEELER_Paul_web_decision.pdf- ./WHEELER_Paul_web_decision.pdf-During cross-examination however, when being referred to e-mail messages that you ./WHEELER_Paul_web_decision.pdf-sent in April 2010, you accepted that these messages showed that your conduct was ./WHEELER_Paul_web_decision.pdf:sexually motivated at least from a point in time in that month, before Pupil A left the ./WHEELER_Paul_web_decision.pdf:College. Moreover, the panel has found that you had engaged in sexual intercourse with ./WHEELER_Paul_web_decision.pdf-Pupil A by April 2010. ./WHEELER_Paul_web_decision.pdf- ./WHEELER_Paul_web_decision.pdf-It is absolutely clear to the panel that your conduct in relation to allegations 2 to 3 was ./WHEELER_Paul_web_decision.pdf:sexually motivated. ./WHEELER_Paul_web_decision.pdf- ./WHEELER_Paul_web_decision.pdf:However, the allegation is that your conduct in relation to allegations 1 to 3 was sexually ./WHEELER_Paul_web_decision.pdf-motivated. The panel has not received sufficient evidence that your proven conduct ./WHEELER_Paul_web_decision.pdf:falling within allegation 1 was sexually motivated. It has not been proven that you and ./WHEELER_Paul_web_decision.pdf:Pupil A engaged in sexual intercourse in or around May 2009 and there is insufficient ./WHEELER_Paul_web_decision.pdf-evidence before the panel that your text messages to Pupil A, your meeting with her ./WHEELER_Paul_web_decision.pdf-outside school at that time or your allowing Pupil A to kiss you on the cheek were ./WHEELER_Paul_web_decision.pdf:sexually motivated. ./WHEELER_Paul_web_decision.pdf- ./WHEELER_Paul_web_decision.pdf-In the circumstances, the panel finds this allegation not proven. ./WHEELER_Paul_web_decision.pdf- ./WHEELER_Paul_web_decision.pdf-Findings as to unacceptable professional conduct ./WHEELER_Paul_web_decision.pdf-Having found a number of the allegations to have been proven, the panel has gone on to ./WHEELER_Paul_web_decision.pdf-consider whether the facts of those proven allegations amount to unacceptable ./WHEELER_Paul_web_decision.pdf-professional conduct. ./WHEELER_Paul_web_decision.pdf- ./WHEELER_Paul_web_decision.pdf- ./WHEELER_Paul_web_decision.pdf- -- ./WHEELER_Paul_web_decision.pdf- statutory provisions; ./WHEELER_Paul_web_decision.pdf-  Teachers must have proper and professional regard for the ethos, policies and ./WHEELER_Paul_web_decision.pdf- practices of the school in which they teach ... ./WHEELER_Paul_web_decision.pdf-The panel is satisfied that the conduct of Mr Wheeler fell significantly short of the ./WHEELER_Paul_web_decision.pdf-standards expected of the profession. ./WHEELER_Paul_web_decision.pdf- ./WHEELER_Paul_web_decision.pdf-The panel has also considered whether Mr Wheeler displayed behaviours associated ./WHEELER_Paul_web_decision.pdf-with any of the offences listed on pages 8 and 9 of the Advice. ./WHEELER_Paul_web_decision.pdf- ./WHEELER_Paul_web_decision.pdf-The panel has found, on the basis of the proven allegations, that Mr Wheeler has ./WHEELER_Paul_web_decision.pdf:displayed behaviours associated with an offence involving sexual activity, although to the ./WHEELER_Paul_web_decision.pdf-panel’s knowledge, Mr Wheeler has not been charged with, or convicted of, such an ./WHEELER_Paul_web_decision.pdf-offence. ./WHEELER_Paul_web_decision.pdf- ./WHEELER_Paul_web_decision.pdf- ./WHEELER_Paul_web_decision.pdf- ./WHEELER_Paul_web_decision.pdf- ./WHEELER_Paul_web_decision.pdf- 13 ./WHEELER_Paul_web_decision.pdf- -- ./WHEELER_Paul_web_decision.pdf-The Advice indicates that where behaviours associated with such an offence exist, a ./WHEELER_Paul_web_decision.pdf-panel is likely to conclude that an individual’s conduct would amount to unacceptable ./WHEELER_Paul_web_decision.pdf-professional conduct. ./WHEELER_Paul_web_decision.pdf- ./WHEELER_Paul_web_decision.pdf-In all of the circumstances, the panel concludes that Mr Wheeler’s misconduct was of a ./WHEELER_Paul_web_decision.pdf-serious nature, falling significantly short of the standard of behaviour expected of a ./WHEELER_Paul_web_decision.pdf-teacher. ./WHEELER_Paul_web_decision.pdf- ./WHEELER_Paul_web_decision.pdf-The panel notes that the facts of allegation 3 took place after Pupil A left the College and ./WHEELER_Paul_web_decision.pdf-so could be said to have taken place outside of the education setting. Given the panel’s ./WHEELER_Paul_web_decision.pdf:findings that the sexual relationship with Pupil A commenced whilst she was still a pupil ./WHEELER_Paul_web_decision.pdf-at the College, it is clear to the panel that the misconduct exposed Pupil A to behaviour in ./WHEELER_Paul_web_decision.pdf:a harmful way, being sexual intercourse with someone who was supposed to be in a ./WHEELER_Paul_web_decision.pdf-position of trust and who has abused that position. ./WHEELER_Paul_web_decision.pdf- ./WHEELER_Paul_web_decision.pdf-Accordingly, the panel is satisfied that Mr Wheeler is guilty of unacceptable professional ./WHEELER_Paul_web_decision.pdf-conduct. ./WHEELER_Paul_web_decision.pdf- ./WHEELER_Paul_web_decision.pdf- ./WHEELER_Paul_web_decision.pdf-Panel’s recommendation to the Secretary of State ./WHEELER_Paul_web_decision.pdf-Given the panel’s findings in respect of unacceptable professional conduct, it is ./WHEELER_Paul_web_decision.pdf-necessary for the panel to go on to consider whether it would be appropriate to ./WHEELER_Paul_web_decision.pdf-recommend the imposition of a prohibition order by the Secretary of State. -- ./WHEELER_Paul_web_decision.pdf-should be made, the panel has to consider whether it is an appropriate and proportionate ./WHEELER_Paul_web_decision.pdf-measure, and whether it is in the public interest to do so. Prohibition orders should not be ./WHEELER_Paul_web_decision.pdf-given in order to be punitive, or to show that blame has been apportioned, although they ./WHEELER_Paul_web_decision.pdf-are likely to have punitive effect. ./WHEELER_Paul_web_decision.pdf- ./WHEELER_Paul_web_decision.pdf-The panel has considered the particular public interest considerations set out in the ./WHEELER_Paul_web_decision.pdf-Advice and having done so has found a number of them to be relevant in this case, ./WHEELER_Paul_web_decision.pdf-namely the protection of pupils, the maintenance of public confidence in the profession ./WHEELER_Paul_web_decision.pdf-and declaring and upholding proper standards of conduct. ./WHEELER_Paul_web_decision.pdf- ./WHEELER_Paul_web_decision.pdf:Mr Wheeler has engaged in sexual intercourse with a pupil at the College. Moreover, Mr ./WHEELER_Paul_web_decision.pdf-Wheeler was given a formal written warning about the nature of his relationship with Pupil ./WHEELER_Paul_web_decision.pdf-A and measures were put in place by the College to monitor and limit his conduct in order ./WHEELER_Paul_web_decision.pdf-to avoid future problems in his professional relationship with Pupil A, or other pupils. It ./WHEELER_Paul_web_decision.pdf-appears to the panel that Mr Wheeler almost completely ignored this written warning, ./WHEELER_Paul_web_decision.pdf-save that Mr Wheeler took further steps to conceal the relationship thereafter. In fact, ./WHEELER_Paul_web_decision.pdf-despite the warning, the relationship with Pupil A appears to have deepened and ./WHEELER_Paul_web_decision.pdf-continued for at least a year. In doing so, Mr Wheeler has abused the trust of his ./WHEELER_Paul_web_decision.pdf-colleagues as well as that of Pupil A. ./WHEELER_Paul_web_decision.pdf- ./WHEELER_Paul_web_decision.pdf- -- ./WHEELER_Paul_web_decision.pdf-Wheeler. The panel took further account of the Advice, which suggests that a prohibition ./WHEELER_Paul_web_decision.pdf-order may be appropriate if certain behaviours of a teacher have been proven. In the list ./WHEELER_Paul_web_decision.pdf-of such behaviours, those that are relevant in this case are: ./WHEELER_Paul_web_decision.pdf- ./WHEELER_Paul_web_decision.pdf-  serious departure from the personal and professional conduct elements of the ./WHEELER_Paul_web_decision.pdf- Teachers’ Standards; ./WHEELER_Paul_web_decision.pdf-  misconduct seriously affecting the education and/or well-being of pupils, and ./WHEELER_Paul_web_decision.pdf- particularly where there is a continuing risk; ./WHEELER_Paul_web_decision.pdf-  abuse of position or trust (particularly involving vulnerable pupils) or violation of the ./WHEELER_Paul_web_decision.pdf- rights of pupils; and ./WHEELER_Paul_web_decision.pdf:  sexual misconduct, eg involving actions that were sexually motivated or of a ./WHEELER_Paul_web_decision.pdf: sexual nature and/or that use or exploit the trust, knowledge or influence derived ./WHEELER_Paul_web_decision.pdf- from the individual’s professional position. ./WHEELER_Paul_web_decision.pdf-Even though there were behaviours that would point to a prohibition order being ./WHEELER_Paul_web_decision.pdf-appropriate, the panel went on to consider whether or not there were sufficient mitigating ./WHEELER_Paul_web_decision.pdf-factors to militate against a prohibition order being an appropriate and proportionate ./WHEELER_Paul_web_decision.pdf-measure to impose, particularly taking into account the nature and severity of the ./WHEELER_Paul_web_decision.pdf-behaviour in this case. ./WHEELER_Paul_web_decision.pdf- ./WHEELER_Paul_web_decision.pdf-There was no evidence that Mr Wheeler’s actions were not deliberate. On the contrary, ./WHEELER_Paul_web_decision.pdf-they were plainly deliberate. Mr Wheeler continued and deepened the relationship with ./WHEELER_Paul_web_decision.pdf-Pupil A, even after receiving a formal warning and took steps to conceal the relationship. -- ./WHEELER_Paul_web_decision.pdf-The panel accepts that Mr Wheeler did have a good history prior to 2009 and has taken ./WHEELER_Paul_web_decision.pdf-this into account. ./WHEELER_Paul_web_decision.pdf- ./WHEELER_Paul_web_decision.pdf-The panel is of the view that prohibition is both proportionate and appropriate. The panel ./WHEELER_Paul_web_decision.pdf-has decided that the public interest considerations outweigh the interests of Mr Wheeler. ./WHEELER_Paul_web_decision.pdf:Mr Wheeler’s determined pursuit of a sexual relationship with a current pupil, despite the ./WHEELER_Paul_web_decision.pdf-disciplinary hearing and formal written warning received from the College in 2009 ./WHEELER_Paul_web_decision.pdf-amounted to a serious and cynical abuse of trust. This was a significant factor in the ./WHEELER_Paul_web_decision.pdf-panel forming its opinion. ./WHEELER_Paul_web_decision.pdf- ./WHEELER_Paul_web_decision.pdf-Accordingly, the panel makes a recommendation to the Secretary of State that a ./WHEELER_Paul_web_decision.pdf-prohibition order should be imposed with immediate effect. ./WHEELER_Paul_web_decision.pdf- ./WHEELER_Paul_web_decision.pdf-The panel went on to consider whether or not it would be appropriate for them to decide ./WHEELER_Paul_web_decision.pdf-to recommend that a review period of the order should be considered. The panel were ./WHEELER_Paul_web_decision.pdf-mindful that the Advice indicates that a prohibition order applies for life, but there may be ./WHEELER_Paul_web_decision.pdf-circumstances in any given case that may make it appropriate to allow a teacher to apply ./WHEELER_Paul_web_decision.pdf-to have the prohibition order reviewed after a specified period of time that may not be ./WHEELER_Paul_web_decision.pdf-less than 2 years. ./WHEELER_Paul_web_decision.pdf- ./WHEELER_Paul_web_decision.pdf-The Advice also indicates that there are behaviours that, if proven, would militate against ./WHEELER_Paul_web_decision.pdf-a review period being recommended, but has not found any of these to be relevant. ./WHEELER_Paul_web_decision.pdf- ./WHEELER_Paul_web_decision.pdf-The panel went on to consider whether Mr Wheeler has shown any insight into his ./WHEELER_Paul_web_decision.pdf-actions, or any remorse. The panel found no indication of any insight or any remorse. ./WHEELER_Paul_web_decision.pdf:On the contrary, Mr Wheeler continued to insist that he had not engaged in sexual ./WHEELER_Paul_web_decision.pdf-intercourse with Pupil A whilst she was at the College, despite this being contrary to her ./WHEELER_Paul_web_decision.pdf-evidence; his own evidence to the Police; and contemporaneous documents. The panel ./WHEELER_Paul_web_decision.pdf-has not seen any evidence that Mr Wheeler has apologised to Pupil A, or to his ./WHEELER_Paul_web_decision.pdf-colleagues for breaching their trust or bringing the College into disrepute, since 2009. ./WHEELER_Paul_web_decision.pdf- ./WHEELER_Paul_web_decision.pdf-The panel felt the findings indicated a situation in which a review period would not be ./WHEELER_Paul_web_decision.pdf-appropriate and as such decided that it would be proportionate in all the circumstances ./WHEELER_Paul_web_decision.pdf-for the prohibition order to be recommended without provisions for a review period. ./WHEELER_Paul_web_decision.pdf- ./WHEELER_Paul_web_decision.pdf- -- ./WHEELER_Paul_web_decision.pdf-Notwithstanding the clear public interest considerations, the panel has considered ./WHEELER_Paul_web_decision.pdf-whether there are mitigating factors to be taken into account. The panel is clear that Mr ./WHEELER_Paul_web_decision.pdf-Wheeler’s actions were deliberate and that he was not acting under duress. The panel ./WHEELER_Paul_web_decision.pdf-has noted that Mr Wheeler had a good history up to 2009 and has taken this into ./WHEELER_Paul_web_decision.pdf-account. ./WHEELER_Paul_web_decision.pdf- ./WHEELER_Paul_web_decision.pdf-However, the panel has recommended that prohibition is an appropriate and ./WHEELER_Paul_web_decision.pdf-proportionate sanction and I agree with their recommendation. ./WHEELER_Paul_web_decision.pdf- ./WHEELER_Paul_web_decision.pdf-Mr Wheeler has shown no insight or remorse into his behaviour, indeed he continued to ./WHEELER_Paul_web_decision.pdf:insist that he had not engaged in sexual intercourse with Pupil A whilst she was at the ./WHEELER_Paul_web_decision.pdf-college despite this being contrary to the significant weight of evidence. I agree that the ./WHEELER_Paul_web_decision.pdf-order should be without the opportunity to apply to have it set aside. ./WHEELER_Paul_web_decision.pdf- ./WHEELER_Paul_web_decision.pdf-This means that Mr Paul Wheeler is prohibited from teaching indefinitely and ./WHEELER_Paul_web_decision.pdf-cannot teach in any school, sixth form college, relevant youth accommodation or ./WHEELER_Paul_web_decision.pdf-children’s home in England. Furthermore, in view of the seriousness of the allegations ./WHEELER_Paul_web_decision.pdf-found proved against him, I have decided that Mr Paul Wheeler shall not be entitled to ./WHEELER_Paul_web_decision.pdf-apply for restoration of his eligibility to teach. ./WHEELER_Paul_web_decision.pdf- ./WHEELER_Paul_web_decision.pdf-This order takes effect from the date on which it is served on the teacher. ./White__Leigh_-_Web_Decision_-_30_April_2014_-_1059904.pdf-B. Allegations ./White__Leigh_-_Web_Decision_-_30_April_2014_-_1059904.pdf-The Panel considered the allegation set out in the Notice of Meeting dated 4 April 2014. ./White__Leigh_-_Web_Decision_-_30_April_2014_-_1059904.pdf- ./White__Leigh_-_Web_Decision_-_30_April_2014_-_1059904.pdf-It was alleged that Mr White was guilty of unacceptable professional conduct and/or ./White__Leigh_-_Web_Decision_-_30_April_2014_-_1059904.pdf-conduct that may bring the profession into disrepute in that: ./White__Leigh_-_Web_Decision_-_30_April_2014_-_1059904.pdf- ./White__Leigh_-_Web_Decision_-_30_April_2014_-_1059904.pdf-  On 31 July 2013, he was cautioned by Derbyshire Constabulary for the offence of ./White__Leigh_-_Web_Decision_-_30_April_2014_-_1059904.pdf: Abuse of Position of Trust: sexual activity with a child, contrary to section 16(1) of ./White__Leigh_-_Web_Decision_-_30_April_2014_-_1059904.pdf- the Sexual Offences Act 2003, that occurred between 1 March 2013 and 12 May ./White__Leigh_-_Web_Decision_-_30_April_2014_-_1059904.pdf- 2013, with Pupil A (female aged 13 – 17), whilst employed as a teacher at Merrill ./White__Leigh_-_Web_Decision_-_30_April_2014_-_1059904.pdf- College and Sixth Form, Derby. ./White__Leigh_-_Web_Decision_-_30_April_2014_-_1059904.pdf- ./White__Leigh_-_Web_Decision_-_30_April_2014_-_1059904.pdf-Mr White admitted the allegation set out in the Notice of Referral dated 6 December ./White__Leigh_-_Web_Decision_-_30_April_2014_-_1059904.pdf-2013, namely that he had received a caution for the following offence: “Sexual Activity ./White__Leigh_-_Web_Decision_-_30_April_2014_-_1059904.pdf-with Female 13 – 17. Offender does not believe victim is over 18. Abuse position of trust ./White__Leigh_-_Web_Decision_-_30_April_2014_-_1059904.pdf-on 01/03/2013 – 12/05/2013”. ./White__Leigh_-_Web_Decision_-_30_April_2014_-_1059904.pdf- ./White__Leigh_-_Web_Decision_-_30_April_2014_-_1059904.pdf-Mr White also admitted in his response to the Notice of Referral that those facts -- ./White__Leigh_-_Web_Decision_-_30_April_2014_-_1059904.pdf-C. Preliminary applications ./White__Leigh_-_Web_Decision_-_30_April_2014_-_1059904.pdf-There were no preliminary applications. ./White__Leigh_-_Web_Decision_-_30_April_2014_-_1059904.pdf- ./White__Leigh_-_Web_Decision_-_30_April_2014_-_1059904.pdf-It was noted that in his response to the Notice of Referral, Mr White stated he wanted the ./White__Leigh_-_Web_Decision_-_30_April_2014_-_1059904.pdf-allegation to be considered without a hearing, and repeated this more recently, in his ./White__Leigh_-_Web_Decision_-_30_April_2014_-_1059904.pdf-letter of 20 March 2014. The Panel gave consideration to the public interest and the ./White__Leigh_-_Web_Decision_-_30_April_2014_-_1059904.pdf-interests of justice, and determined that it was not necessary for the allegation to be ./White__Leigh_-_Web_Decision_-_30_April_2014_-_1059904.pdf-considered at a hearing. Therefore, the Panel decided that this allegation could be ./White__Leigh_-_Web_Decision_-_30_April_2014_-_1059904.pdf-considered at a meeting. In light of the admissions made by Mr White, there did not ./White__Leigh_-_Web_Decision_-_30_April_2014_-_1059904.pdf-appear to be any crucial dispute of facts which would require oral evidence to be called. ./White__Leigh_-_Web_Decision_-_30_April_2014_-_1059904.pdf:Mr White has denied that his actions in relation to Pupil A were sexually motivated, but ./White__Leigh_-_Web_Decision_-_30_April_2014_-_1059904.pdf-has admitted having accepted the caution. This appeared to be the only point in issue, ./White__Leigh_-_Web_Decision_-_30_April_2014_-_1059904.pdf- ./White__Leigh_-_Web_Decision_-_30_April_2014_-_1059904.pdf- 4 ./White__Leigh_-_Web_Decision_-_30_April_2014_-_1059904.pdf- -- ./White__Leigh_-_Web_Decision_-_30_April_2014_-_1059904.pdf-Summary of Evidence ./White__Leigh_-_Web_Decision_-_30_April_2014_-_1059904.pdf- ./White__Leigh_-_Web_Decision_-_30_April_2014_-_1059904.pdf-Between 4 July 2011 and May 2013, Mr White was employed as a Mathematics teacher ./White__Leigh_-_Web_Decision_-_30_April_2014_-_1059904.pdf-at the College He has admitted having taught Pupil A in Year 11 between February 2013 ./White__Leigh_-_Web_Decision_-_30_April_2014_-_1059904.pdf-to May 2013. He has admitted having had an inappropriate relationship with Pupil A ./White__Leigh_-_Web_Decision_-_30_April_2014_-_1059904.pdf-between 1 March 2013 and 12 May 2013. This led to two reports being made to the ./White__Leigh_-_Web_Decision_-_30_April_2014_-_1059904.pdf-NSPCC regarding the relationship and Mr White being interviewed by the police, under ./White__Leigh_-_Web_Decision_-_30_April_2014_-_1059904.pdf-caution, on 13 May 2013. On 14 May 2013, Mr White was suspended from his duties at ./White__Leigh_-_Web_Decision_-_30_April_2014_-_1059904.pdf-the College. He was interviewed again, under caution, on 10 June 2013 and was ./White__Leigh_-_Web_Decision_-_30_April_2014_-_1059904.pdf-cautioned by the police on 31 July 2013 . The caution detailed the offence as “Abuse a ./White__Leigh_-_Web_Decision_-_30_April_2014_-_1059904.pdf:position of trust – sexual activity with a child contrary to s16(1) of Sexual Offences Act ./White__Leigh_-_Web_Decision_-_30_April_2014_-_1059904.pdf-2003 between 1/3/13→12/5/13 @ Merrill College, Derby”. ./White__Leigh_-_Web_Decision_-_30_April_2014_-_1059904.pdf- ./White__Leigh_-_Web_Decision_-_30_April_2014_-_1059904.pdf-Findings of Fact ./White__Leigh_-_Web_Decision_-_30_April_2014_-_1059904.pdf-Our findings of fact are as follows: ./White__Leigh_-_Web_Decision_-_30_April_2014_-_1059904.pdf- ./White__Leigh_-_Web_Decision_-_30_April_2014_-_1059904.pdf-We have found the following particulars of the allegation against Mr White proven, for ./White__Leigh_-_Web_Decision_-_30_April_2014_-_1059904.pdf-these reasons: ./White__Leigh_-_Web_Decision_-_30_April_2014_-_1059904.pdf- ./White__Leigh_-_Web_Decision_-_30_April_2014_-_1059904.pdf-1 On 31 July 2013, he was cautioned by Derbyshire Constabulary for the offence ./White__Leigh_-_Web_Decision_-_30_April_2014_-_1059904.pdf:of Abuse of Position of Trust: sexual activity with a child, contrary to section 16(1) ./White__Leigh_-_Web_Decision_-_30_April_2014_-_1059904.pdf-of the Sexual Offences Act 2003, that occurred between 1 March 2013 and 12 May ./White__Leigh_-_Web_Decision_-_30_April_2014_-_1059904.pdf-2013, with Pupil A (female aged 13 – 17), whilst employed as a teacher at Merrill ./White__Leigh_-_Web_Decision_-_30_April_2014_-_1059904.pdf-College and Sixth Form, Derby. ./White__Leigh_-_Web_Decision_-_30_April_2014_-_1059904.pdf- ./White__Leigh_-_Web_Decision_-_30_April_2014_-_1059904.pdf-Mr White admitted the allegation set out in the Notice of Referral dated 6 December ./White__Leigh_-_Web_Decision_-_30_April_2014_-_1059904.pdf-2013, namely that he had received a caution for the following offence: “Sexual Activity ./White__Leigh_-_Web_Decision_-_30_April_2014_-_1059904.pdf-with Female 13 – 17. Offender does not believe victim is over 18. Abuse position of trust ./White__Leigh_-_Web_Decision_-_30_April_2014_-_1059904.pdf-on 01/03/2013 – 12/05/2013”. ./White__Leigh_-_Web_Decision_-_30_April_2014_-_1059904.pdf- ./White__Leigh_-_Web_Decision_-_30_April_2014_-_1059904.pdf-On 17 March 2014, Mr White siged a statement of agreed facts which included an ./White__Leigh_-_Web_Decision_-_30_April_2014_-_1059904.pdf-admission that: “On 31 July 2013, you were cautioned by Derbyshire Constabulary for ./White__Leigh_-_Web_Decision_-_30_April_2014_-_1059904.pdf:the offence of Abuse of Position of trust: sexual activity with a child contrary to section ./White__Leigh_-_Web_Decision_-_30_April_2014_-_1059904.pdf-16(1) of the Sexual Offences Act 2003”. He admitted having been employed as a ./White__Leigh_-_Web_Decision_-_30_April_2014_-_1059904.pdf-Mathematics teacher at Merrill College and Sixth Form Derby between 4 July 2011 and ./White__Leigh_-_Web_Decision_-_30_April_2014_-_1059904.pdf-May 2013. The statement of agreed facts also contained a number of admissions ./White__Leigh_-_Web_Decision_-_30_April_2014_-_1059904.pdf-regarding the background to Mr White receiving the caution and contact between Mr ./White__Leigh_-_Web_Decision_-_30_April_2014_-_1059904.pdf-White and Pupil A by text message and telephone between 1 March 2013 and 12 May ./White__Leigh_-_Web_Decision_-_30_April_2014_-_1059904.pdf-2013. There were also admissions made by Mr White regarding contact with Pupil A ./White__Leigh_-_Web_Decision_-_30_April_2014_-_1059904.pdf-outside school on unspecified dates, kissing her, hugging her and holding hands with her. ./White__Leigh_-_Web_Decision_-_30_April_2014_-_1059904.pdf- ./White__Leigh_-_Web_Decision_-_30_April_2014_-_1059904.pdf- 6 ./White__Leigh_-_Web_Decision_-_30_April_2014_-_1059904.pdf- -- ./White__Leigh_-_Web_Decision_-_30_April_2014_-_1059904.pdf:It was noted that Mr White has denied that his actions in relation to Pupil A were sexually ./White__Leigh_-_Web_Decision_-_30_April_2014_-_1059904.pdf-motivated. ./White__Leigh_-_Web_Decision_-_30_April_2014_-_1059904.pdf- ./White__Leigh_-_Web_Decision_-_30_April_2014_-_1059904.pdf-The Panel bundle contains a copy of the caution. ./White__Leigh_-_Web_Decision_-_30_April_2014_-_1059904.pdf- ./White__Leigh_-_Web_Decision_-_30_April_2014_-_1059904.pdf-The statement of agreed facts contained a number of admissions which taken together, ./White__Leigh_-_Web_Decision_-_30_April_2014_-_1059904.pdf-amounted to an admission of the facts set out in the Allegation. This allegation is ./White__Leigh_-_Web_Decision_-_30_April_2014_-_1059904.pdf-therefore found proven. ./White__Leigh_-_Web_Decision_-_30_April_2014_-_1059904.pdf- ./White__Leigh_-_Web_Decision_-_30_April_2014_-_1059904.pdf-The Panel understood that a caution could not be conclusive evidence of the relevant ./White__Leigh_-_Web_Decision_-_30_April_2014_-_1059904.pdf-facts which was the subject matter of the caution, but that the Teacher Misconduct: the -- ./White__Leigh_-_Web_Decision_-_30_April_2014_-_1059904.pdf- police statement provided by the Safeguarding Manager of the College. He also ./White__Leigh_-_Web_Decision_-_30_April_2014_-_1059904.pdf- admitted during his police interview that he had been taught during the safeguarding ./White__Leigh_-_Web_Decision_-_30_April_2014_-_1059904.pdf- elements of his degree that relationships between pupils and teachers were forbidden ./White__Leigh_-_Web_Decision_-_30_April_2014_-_1059904.pdf- because such relationships would be abusing the teacher’s position of trust. It would ./White__Leigh_-_Web_Decision_-_30_April_2014_-_1059904.pdf- have been inappropriate for Mr White to have met Pupil A on just one occasion, but ./White__Leigh_-_Web_Decision_-_30_April_2014_-_1059904.pdf- Mr White met with Pupil A on a number of occasions over a period of months which ./White__Leigh_-_Web_Decision_-_30_April_2014_-_1059904.pdf- was a flagrant breach of his position of trust. ./White__Leigh_-_Web_Decision_-_30_April_2014_-_1059904.pdf- ./White__Leigh_-_Web_Decision_-_30_April_2014_-_1059904.pdf- The Panel has also considered whether Mr White’s conduct displayed behaviours ./White__Leigh_-_Web_Decision_-_30_April_2014_-_1059904.pdf- associated with any of the offences listed on page 8 and 9 of the Guidance and has ./White__Leigh_-_Web_Decision_-_30_April_2014_-_1059904.pdf: concluded that the offence that was the subject of the caution relates to sexual ./White__Leigh_-_Web_Decision_-_30_April_2014_-_1059904.pdf- activity. The Guidance indicates that where behaviours associated with such an ./White__Leigh_-_Web_Decision_-_30_April_2014_-_1059904.pdf- offence exist, a Panel is likely to conclude that an individual’s conduct would amount ./White__Leigh_-_Web_Decision_-_30_April_2014_-_1059904.pdf- to unacceptable professional conduct. ./White__Leigh_-_Web_Decision_-_30_April_2014_-_1059904.pdf- ./White__Leigh_-_Web_Decision_-_30_April_2014_-_1059904.pdf- The panel notes that the conduct that is the subject of the caution took place outside ./White__Leigh_-_Web_Decision_-_30_April_2014_-_1059904.pdf: of the education setting. Although there is no evidence of sexual intercourse between ./White__Leigh_-_Web_Decision_-_30_April_2014_-_1059904.pdf- Mr White and Pupil A, he has admitted conduct including: flirting with her; telling Pupil ./White__Leigh_-_Web_Decision_-_30_April_2014_-_1059904.pdf- A he loved her; meeting her on a number of occasions on weekday evenings and ./White__Leigh_-_Web_Decision_-_30_April_2014_-_1059904.pdf- weekends; having kissed her; hugged her; held hands with her; allowed her to travel ./White__Leigh_-_Web_Decision_-_30_April_2014_-_1059904.pdf- in his car and attended an event with her. The Panel considered this relationship to ./White__Leigh_-_Web_Decision_-_30_April_2014_-_1059904.pdf- be inappropriate given that he was in a position of trust. ./White__Leigh_-_Web_Decision_-_30_April_2014_-_1059904.pdf- ./White__Leigh_-_Web_Decision_-_30_April_2014_-_1059904.pdf- Accordingly, the Panel is satisfied that Mr White is guilty of unacceptable professional ./White__Leigh_-_Web_Decision_-_30_April_2014_-_1059904.pdf- conduct. ./White__Leigh_-_Web_Decision_-_30_April_2014_-_1059904.pdf- ./White__Leigh_-_Web_Decision_-_30_April_2014_-_1059904.pdf- The panel has taken into account how the teaching profession is viewed by others -- ./White__Leigh_-_Web_Decision_-_30_April_2014_-_1059904.pdf:  sexual misconduct, eg involving actions that were sexually motivated or of a ./White__Leigh_-_Web_Decision_-_30_April_2014_-_1059904.pdf: sexual nature and/or that use or exploit the trust, knowledge or influence derived ./White__Leigh_-_Web_Decision_-_30_April_2014_-_1059904.pdf- from the individual’s professional position; and ./White__Leigh_-_Web_Decision_-_30_April_2014_-_1059904.pdf-  the commission of a serious criminal offence, including those that resulted in a ./White__Leigh_-_Web_Decision_-_30_April_2014_-_1059904.pdf- conviction or caution, paying particular attention to offences that are ‘relevant ./White__Leigh_-_Web_Decision_-_30_April_2014_-_1059904.pdf- matters’ for the purposes of The Police Act 1997 and criminal record disclosures. ./White__Leigh_-_Web_Decision_-_30_April_2014_-_1059904.pdf-In forming a judgement in this respect, the Panel noted that there were no statements ./White__Leigh_-_Web_Decision_-_30_April_2014_-_1059904.pdf-produced by Mr White testifying to his good character. The Panel believed there to have ./White__Leigh_-_Web_Decision_-_30_April_2014_-_1059904.pdf-been no previous findings having been made against Mr White. However, the Panel ./White__Leigh_-_Web_Decision_-_30_April_2014_-_1059904.pdf-noted that he has admitted having received a previous verbal warning in relation to a ./White__Leigh_-_Web_Decision_-_30_April_2014_-_1059904.pdf-complaint made by a pupil that he had made her feel uncomfortable. ./White__Leigh_-_Web_Decision_-_30_April_2014_-_1059904.pdf- -- ./White__Leigh_-_Web_Decision_-_30_April_2014_-_1059904.pdf-Prohibition Order should be imposed with immediate effect. ./White__Leigh_-_Web_Decision_-_30_April_2014_-_1059904.pdf- ./White__Leigh_-_Web_Decision_-_30_April_2014_-_1059904.pdf-The Panel went on to consider whether or not it would be appropriate for them to decide ./White__Leigh_-_Web_Decision_-_30_April_2014_-_1059904.pdf-to recommend that a review period of the order should be considered. The Panel were ./White__Leigh_-_Web_Decision_-_30_April_2014_-_1059904.pdf-mindful that the Guidance advises that a Prohibition Order applies for life, but there may ./White__Leigh_-_Web_Decision_-_30_April_2014_-_1059904.pdf-be circumstances in any given case that may make it appropriate to allow a teacher to ./White__Leigh_-_Web_Decision_-_30_April_2014_-_1059904.pdf-apply to have the prohibition order reviewed after a specified period of time that may not ./White__Leigh_-_Web_Decision_-_30_April_2014_-_1059904.pdf-be less than two years. ./White__Leigh_-_Web_Decision_-_30_April_2014_-_1059904.pdf- ./White__Leigh_-_Web_Decision_-_30_April_2014_-_1059904.pdf-The Guidance indicates that there are behaviours that, if proven, would militate against a ./White__Leigh_-_Web_Decision_-_30_April_2014_-_1059904.pdf:review period being recommended. These behaviours include serious sexual ./White__Leigh_-_Web_Decision_-_30_April_2014_-_1059904.pdf:misconduct, eg where the act was sexually motivated and resulted in or had the potential ./White__Leigh_-_Web_Decision_-_30_April_2014_-_1059904.pdf-to result in, harm to a person or persons, particularly where the individual has used their ./White__Leigh_-_Web_Decision_-_30_April_2014_-_1059904.pdf-professional position to influence or exploit a person or persons. The Panel considered ./White__Leigh_-_Web_Decision_-_30_April_2014_-_1059904.pdf:that the contact was of a sexual nature and had the potential to result in harm to Pupil A. ./White__Leigh_-_Web_Decision_-_30_April_2014_-_1059904.pdf-It is clear that Mr White met Pupil A through having taught her, and as such this was an ./White__Leigh_-_Web_Decision_-_30_April_2014_-_1059904.pdf-abuse of his professional position. In addition, there is no evidence that Mr White has ./White__Leigh_-_Web_Decision_-_30_April_2014_-_1059904.pdf-demonstrated insight as to the potential harm that could have been caused to Pupil A. ./White__Leigh_-_Web_Decision_-_30_April_2014_-_1059904.pdf-There has been no remorse shown by Mr White beyond stating that it was wrong and a ./White__Leigh_-_Web_Decision_-_30_April_2014_-_1059904.pdf:result of being naive. His consistent denial that his actions were sexually motivated ./White__Leigh_-_Web_Decision_-_30_April_2014_-_1059904.pdf- ./White__Leigh_-_Web_Decision_-_30_April_2014_-_1059904.pdf- 10 ./White__Leigh_-_Web_Decision_-_30_April_2014_-_1059904.pdf- -- ./White__Leigh_-_Web_Decision_-_30_April_2014_-_1059904.pdf-and would almost certainly damage the public perception of the profession. ./White__Leigh_-_Web_Decision_-_30_April_2014_-_1059904.pdf- ./White__Leigh_-_Web_Decision_-_30_April_2014_-_1059904.pdf-The panel have properly balanced the public interest considerations against the ./White__Leigh_-_Web_Decision_-_30_April_2014_-_1059904.pdf-interests of Mr White and have given due consideration to the Secretary of State’s ./White__Leigh_-_Web_Decision_-_30_April_2014_-_1059904.pdf-advice on prohibition. ./White__Leigh_-_Web_Decision_-_30_April_2014_-_1059904.pdf- ./White__Leigh_-_Web_Decision_-_30_April_2014_-_1059904.pdf-In all the circumstances they have recommended that a prohibition order is both ./White__Leigh_-_Web_Decision_-_30_April_2014_-_1059904.pdf-appropriate and proportionate and I agree with their recommendation. ./White__Leigh_-_Web_Decision_-_30_April_2014_-_1059904.pdf- ./White__Leigh_-_Web_Decision_-_30_April_2014_-_1059904.pdf-The panel moved next to consider whether a review would be appropriate. The ./White__Leigh_-_Web_Decision_-_30_April_2014_-_1059904.pdf:panel have judged Mr White’s behaviour to be sexually motivated despite his ./White__Leigh_-_Web_Decision_-_30_April_2014_-_1059904.pdf-consistent denial that this was the case. His behaviour had the potential to result ./White__Leigh_-_Web_Decision_-_30_April_2014_-_1059904.pdf-in harm to Pupil A. There is no evidence of insight and no remorse beyond an ./White__Leigh_-_Web_Decision_-_30_April_2014_-_1059904.pdf-acceptance that what he did was wrong and naive. Mr White had received a ./White__Leigh_-_Web_Decision_-_30_April_2014_-_1059904.pdf-previous warning for his behaviour and should have been on notice regarding ./White__Leigh_-_Web_Decision_-_30_April_2014_-_1059904.pdf- ./White__Leigh_-_Web_Decision_-_30_April_2014_-_1059904.pdf- 11 ./White__Leigh_-_Web_Decision_-_30_April_2014_-_1059904.pdf- ./Whitlow_Jonathan_-_SoS_Decision_REDACTED.pdf- Oxford; ./Whitlow_Jonathan_-_SoS_Decision_REDACTED.pdf- 2. stroked Pupil A’s leg; ./Whitlow_Jonathan_-_SoS_Decision_REDACTED.pdf- 3. touched Pupil A’s thigh; ./Whitlow_Jonathan_-_SoS_Decision_REDACTED.pdf- 4. touched Pupil A’s bottom; ./Whitlow_Jonathan_-_SoS_Decision_REDACTED.pdf- 5. hugged Pupil A; ./Whitlow_Jonathan_-_SoS_Decision_REDACTED.pdf- 6. attempted to kiss Pupil A on the mouth; ./Whitlow_Jonathan_-_SoS_Decision_REDACTED.pdf- 7. hugged Pupil B ./Whitlow_Jonathan_-_SoS_Decision_REDACTED.pdf- 8. attempted to kiss Pupil B on the mouth; ./Whitlow_Jonathan_-_SoS_Decision_REDACTED.pdf- 9. by his conduct in the foregoing paragraphs he failed to observe a proper boundary ./Whitlow_Jonathan_-_SoS_Decision_REDACTED.pdf- appropriate to a teacher’s professional position. ./Whitlow_Jonathan_-_SoS_Decision_REDACTED.pdf: 10. His conduct set out in the following paragraphs was sexually motivated; ./Whitlow_Jonathan_-_SoS_Decision_REDACTED.pdf- a. paragraph 2 ./Whitlow_Jonathan_-_SoS_Decision_REDACTED.pdf- b. paragraph 3 ./Whitlow_Jonathan_-_SoS_Decision_REDACTED.pdf- c. paragraph 4 ./Whitlow_Jonathan_-_SoS_Decision_REDACTED.pdf- d. paragraph 5 ./Whitlow_Jonathan_-_SoS_Decision_REDACTED.pdf- e. paragraph 6 ./Whitlow_Jonathan_-_SoS_Decision_REDACTED.pdf- f. paragraph 7 ./Whitlow_Jonathan_-_SoS_Decision_REDACTED.pdf- g. paragraph 8 ./Whitlow_Jonathan_-_SoS_Decision_REDACTED.pdf- ./Whitlow_Jonathan_-_SoS_Decision_REDACTED.pdf- ./Whitlow_Jonathan_-_SoS_Decision_REDACTED.pdf-The teacher accepts the fact of allegation 1. The teacher denies the remaining -- ./Whitlow_Jonathan_-_SoS_Decision_REDACTED.pdf- ./Whitlow_Jonathan_-_SoS_Decision_REDACTED.pdf- ./Whitlow_Jonathan_-_SoS_Decision_REDACTED.pdf-Decision and reasons ./Whitlow_Jonathan_-_SoS_Decision_REDACTED.pdf-The panel announced its decision and reasons as follows: ./Whitlow_Jonathan_-_SoS_Decision_REDACTED.pdf- ./Whitlow_Jonathan_-_SoS_Decision_REDACTED.pdf-The panel carefully considered the case before it and reached a decision. ./Whitlow_Jonathan_-_SoS_Decision_REDACTED.pdf- ./Whitlow_Jonathan_-_SoS_Decision_REDACTED.pdf-Mr Whitlow was employed as a teacher of Biology at the school from September 2014. ./Whitlow_Jonathan_-_SoS_Decision_REDACTED.pdf-On 11 May 2017, it is alleged that Mr Whitlow met Pupil A (aged 20) and Pupil B (aged ./Whitlow_Jonathan_-_SoS_Decision_REDACTED.pdf-17) at a pub following their last exam at the school. It is further alleged that he touched ./Whitlow_Jonathan_-_SoS_Decision_REDACTED.pdf:both pupils with sexual motivation, and that this amounted to a failure to observe proper ./Whitlow_Jonathan_-_SoS_Decision_REDACTED.pdf-boundaries. ./Whitlow_Jonathan_-_SoS_Decision_REDACTED.pdf- ./Whitlow_Jonathan_-_SoS_Decision_REDACTED.pdf-Findings of fact ./Whitlow_Jonathan_-_SoS_Decision_REDACTED.pdf- ./Whitlow_Jonathan_-_SoS_Decision_REDACTED.pdf-The findings of fact are as follows: ./Whitlow_Jonathan_-_SoS_Decision_REDACTED.pdf- ./Whitlow_Jonathan_-_SoS_Decision_REDACTED.pdf-The panel found the following particulars of the allegations against you proved, for these ./Whitlow_Jonathan_-_SoS_Decision_REDACTED.pdf-reasons: ./Whitlow_Jonathan_-_SoS_Decision_REDACTED.pdf- ./Whitlow_Jonathan_-_SoS_Decision_REDACTED.pdf- -- ./Whitlow_Jonathan_-_SoS_Decision_REDACTED.pdf-Pupil B whilst hugging them, Mr Whitlow further failed to observe proper boundaries with ./Whitlow_Jonathan_-_SoS_Decision_REDACTED.pdf-Pupil A and Pupil B. ./Whitlow_Jonathan_-_SoS_Decision_REDACTED.pdf- ./Whitlow_Jonathan_-_SoS_Decision_REDACTED.pdf-The panel accepted Mr Whitlow’s evidence that he was suffering from a [redacted] that ./Whitlow_Jonathan_-_SoS_Decision_REDACTED.pdf-may have affected his decision making at the time. However the panel did not consider ./Whitlow_Jonathan_-_SoS_Decision_REDACTED.pdf-that this was relevant to the question of whether proper boundaries had been maintained ./Whitlow_Jonathan_-_SoS_Decision_REDACTED.pdf-with Pupil A and Pupil B. ./Whitlow_Jonathan_-_SoS_Decision_REDACTED.pdf- ./Whitlow_Jonathan_-_SoS_Decision_REDACTED.pdf-The panel found this allegation proven on the balance of probabilities. ./Whitlow_Jonathan_-_SoS_Decision_REDACTED.pdf- ./Whitlow_Jonathan_-_SoS_Decision_REDACTED.pdf: 10. Your conduct set out in the following paragraphs was sexually motivated; ./Whitlow_Jonathan_-_SoS_Decision_REDACTED.pdf- ./Whitlow_Jonathan_-_SoS_Decision_REDACTED.pdf- a. paragraph 2 ./Whitlow_Jonathan_-_SoS_Decision_REDACTED.pdf- ./Whitlow_Jonathan_-_SoS_Decision_REDACTED.pdf- b. paragraph 3 ./Whitlow_Jonathan_-_SoS_Decision_REDACTED.pdf- ./Whitlow_Jonathan_-_SoS_Decision_REDACTED.pdf- c. paragraph 4 ./Whitlow_Jonathan_-_SoS_Decision_REDACTED.pdf- ./Whitlow_Jonathan_-_SoS_Decision_REDACTED.pdf- 8 ./Whitlow_Jonathan_-_SoS_Decision_REDACTED.pdf- -- ./Whitlow_Jonathan_-_SoS_Decision_REDACTED.pdf- d. paragraph 5 ./Whitlow_Jonathan_-_SoS_Decision_REDACTED.pdf- ./Whitlow_Jonathan_-_SoS_Decision_REDACTED.pdf- e. paragraph 6 ./Whitlow_Jonathan_-_SoS_Decision_REDACTED.pdf- ./Whitlow_Jonathan_-_SoS_Decision_REDACTED.pdf- f. paragraph 7 ./Whitlow_Jonathan_-_SoS_Decision_REDACTED.pdf- ./Whitlow_Jonathan_-_SoS_Decision_REDACTED.pdf- g. paragraph 8 ./Whitlow_Jonathan_-_SoS_Decision_REDACTED.pdf- ./Whitlow_Jonathan_-_SoS_Decision_REDACTED.pdf-As with all findings of fact, the panel carefully considered this question applying the ./Whitlow_Jonathan_-_SoS_Decision_REDACTED.pdf-balance of probabilities. The panel considered whether, on the balance of probabilities, ./Whitlow_Jonathan_-_SoS_Decision_REDACTED.pdf:reasonable persons would think that the actions found proven could be sexual. The panel ./Whitlow_Jonathan_-_SoS_Decision_REDACTED.pdf-then considered whether, in all the circumstances of the conduct in the case, that the ./Whitlow_Jonathan_-_SoS_Decision_REDACTED.pdf:teacher’s purpose of such actions was sexual. ./Whitlow_Jonathan_-_SoS_Decision_REDACTED.pdf- ./Whitlow_Jonathan_-_SoS_Decision_REDACTED.pdf:The panel considered whether, even in the absence of any direct evidence, sexual ./Whitlow_Jonathan_-_SoS_Decision_REDACTED.pdf-motivation should be inferred from all the circumstances of the case. The panel had in ./Whitlow_Jonathan_-_SoS_Decision_REDACTED.pdf-mind the evidence of the teacher’s character and considered whether such evidence had ./Whitlow_Jonathan_-_SoS_Decision_REDACTED.pdf-any bearing on the teacher’s credibility or propensity to have carried out the alleged facts, ./Whitlow_Jonathan_-_SoS_Decision_REDACTED.pdf-or to the circumstances in which the teacher found himself. ./Whitlow_Jonathan_-_SoS_Decision_REDACTED.pdf- ./Whitlow_Jonathan_-_SoS_Decision_REDACTED.pdf-The panel noted the evidence of Pupil A and Pupil B that prior to the incident Mr Whitlow ./Whitlow_Jonathan_-_SoS_Decision_REDACTED.pdf-was a favourite teacher of both pupils. However both Pupil A and Pupil B felt very ./Whitlow_Jonathan_-_SoS_Decision_REDACTED.pdf-shocked and uncomfortable as a result of Mr Whitlow’s behaviour that evening and were ./Whitlow_Jonathan_-_SoS_Decision_REDACTED.pdf-sufficiently concerned to speak to the school shortly after the incident. Pupil A stated that ./Whitlow_Jonathan_-_SoS_Decision_REDACTED.pdf-she was concerned because someone who had taught her shortly before the meeting ./Whitlow_Jonathan_-_SoS_Decision_REDACTED.pdf-had behaved in this way. ./Whitlow_Jonathan_-_SoS_Decision_REDACTED.pdf- ./Whitlow_Jonathan_-_SoS_Decision_REDACTED.pdf-The panel considered that allegations 2 to 8 were proven. On the balance of probabilities, ./Whitlow_Jonathan_-_SoS_Decision_REDACTED.pdf:the panel went on to find that these actions were sexually motivated. ./Whitlow_Jonathan_-_SoS_Decision_REDACTED.pdf- ./Whitlow_Jonathan_-_SoS_Decision_REDACTED.pdf-Findings as to unacceptable professional conduct and/or conduct that ./Whitlow_Jonathan_-_SoS_Decision_REDACTED.pdf-may bring the profession into disrepute ./Whitlow_Jonathan_-_SoS_Decision_REDACTED.pdf- ./Whitlow_Jonathan_-_SoS_Decision_REDACTED.pdf-Having found the allegations proved, the panel went on to consider whether the facts of ./Whitlow_Jonathan_-_SoS_Decision_REDACTED.pdf-those proved allegations amounted to unacceptable professional conduct and/or conduct ./Whitlow_Jonathan_-_SoS_Decision_REDACTED.pdf-that may bring the profession into disrepute. ./Whitlow_Jonathan_-_SoS_Decision_REDACTED.pdf- ./Whitlow_Jonathan_-_SoS_Decision_REDACTED.pdf-In doing so, the panel had regard to the document Teacher Misconduct: The Prohibition ./Whitlow_Jonathan_-_SoS_Decision_REDACTED.pdf-of Teachers, which is referred to as “the Advice. -- ./Whitlow_Jonathan_-_SoS_Decision_REDACTED.pdf- practices of the school in which they teach ./Whitlow_Jonathan_-_SoS_Decision_REDACTED.pdf- ./Whitlow_Jonathan_-_SoS_Decision_REDACTED.pdf- - Teachers must have an understanding of, and always act within, the statutory ./Whitlow_Jonathan_-_SoS_Decision_REDACTED.pdf- frameworks which set out their professional duties and responsibilities. ./Whitlow_Jonathan_-_SoS_Decision_REDACTED.pdf- ./Whitlow_Jonathan_-_SoS_Decision_REDACTED.pdf-The panel was satisfied that the conduct of Mr Whitlow amounted to misconduct of a ./Whitlow_Jonathan_-_SoS_Decision_REDACTED.pdf-serious nature which fell significantly short of the standards expected of the profession. ./Whitlow_Jonathan_-_SoS_Decision_REDACTED.pdf- ./Whitlow_Jonathan_-_SoS_Decision_REDACTED.pdf-The panel also considered whether Mr Whitlow’s conduct displayed behaviours ./Whitlow_Jonathan_-_SoS_Decision_REDACTED.pdf-associated with any of the offences listed on pages 10 and 11 of the Advice. The panel ./Whitlow_Jonathan_-_SoS_Decision_REDACTED.pdf:found that the offence of sexual activity was relevant. ./Whitlow_Jonathan_-_SoS_Decision_REDACTED.pdf- ./Whitlow_Jonathan_-_SoS_Decision_REDACTED.pdf-The Advice indicates that where behaviours associated with such an offence exist, a ./Whitlow_Jonathan_-_SoS_Decision_REDACTED.pdf-panel is likely to conclude that an individual’s conduct would amount to unacceptable ./Whitlow_Jonathan_-_SoS_Decision_REDACTED.pdf-professional conduct. ./Whitlow_Jonathan_-_SoS_Decision_REDACTED.pdf- ./Whitlow_Jonathan_-_SoS_Decision_REDACTED.pdf-The panel took into account the way the teaching profession is viewed by others and ./Whitlow_Jonathan_-_SoS_Decision_REDACTED.pdf-considered the influence that teachers may have on pupils, parents and others in the ./Whitlow_Jonathan_-_SoS_Decision_REDACTED.pdf-community. The panel also took account of the uniquely influential role that teachers can ./Whitlow_Jonathan_-_SoS_Decision_REDACTED.pdf-hold in pupils’ lives and the fact that pupils must be able to view teachers as role models ./Whitlow_Jonathan_-_SoS_Decision_REDACTED.pdf-in the way that they behave. -- ./Whitlow_Jonathan_-_SoS_Decision_REDACTED.pdf-The panel had regard to the particular public interest considerations set out in the Advice ./Whitlow_Jonathan_-_SoS_Decision_REDACTED.pdf-and, having done so, found a number of them to be relevant in this case, namely, the ./Whitlow_Jonathan_-_SoS_Decision_REDACTED.pdf-protection of pupils, the maintenance of public confidence in the profession, declaring ./Whitlow_Jonathan_-_SoS_Decision_REDACTED.pdf-and upholding proper standards of conduct and the interest of retaining the teacher in the ./Whitlow_Jonathan_-_SoS_Decision_REDACTED.pdf-profession. ./Whitlow_Jonathan_-_SoS_Decision_REDACTED.pdf- ./Whitlow_Jonathan_-_SoS_Decision_REDACTED.pdf-The panel’s findings against Mr Whitlow involved meeting two pupils off school grounds ./Whitlow_Jonathan_-_SoS_Decision_REDACTED.pdf-and inappropriate contact with both pupils. ./Whitlow_Jonathan_-_SoS_Decision_REDACTED.pdf- ./Whitlow_Jonathan_-_SoS_Decision_REDACTED.pdf-There was a strong public interest consideration in respect of the protection of pupils, ./Whitlow_Jonathan_-_SoS_Decision_REDACTED.pdf:given the finding of inappropriate sexually motivated contact with two pupils following ./Whitlow_Jonathan_-_SoS_Decision_REDACTED.pdf-their last exam at the school. ./Whitlow_Jonathan_-_SoS_Decision_REDACTED.pdf- ./Whitlow_Jonathan_-_SoS_Decision_REDACTED.pdf-Similarly, the panel considered that public confidence in the profession could be seriously ./Whitlow_Jonathan_-_SoS_Decision_REDACTED.pdf-weakened if conduct such as that found against Mr Whitlow were not treated with the ./Whitlow_Jonathan_-_SoS_Decision_REDACTED.pdf-utmost seriousness when regulating the conduct of the profession. ./Whitlow_Jonathan_-_SoS_Decision_REDACTED.pdf- ./Whitlow_Jonathan_-_SoS_Decision_REDACTED.pdf-The panel was of the view that a strong public interest consideration in declaring proper ./Whitlow_Jonathan_-_SoS_Decision_REDACTED.pdf-standards of conduct in the profession was also present as the conduct found against Mr ./Whitlow_Jonathan_-_SoS_Decision_REDACTED.pdf-Whitlow was outside that which could reasonably be tolerated. ./Whitlow_Jonathan_-_SoS_Decision_REDACTED.pdf- -- ./Whitlow_Jonathan_-_SoS_Decision_REDACTED.pdf: - sexual misconduct, for example, involving actions that were sexually motivated or ./Whitlow_Jonathan_-_SoS_Decision_REDACTED.pdf: of a sexual nature and/or that use or exploit the trust, knowledge or influence ./Whitlow_Jonathan_-_SoS_Decision_REDACTED.pdf- derived from the individual’s professional position ./Whitlow_Jonathan_-_SoS_Decision_REDACTED.pdf- ./Whitlow_Jonathan_-_SoS_Decision_REDACTED.pdf-Even though some of the behaviour found proved in this case indicated that a prohibition ./Whitlow_Jonathan_-_SoS_Decision_REDACTED.pdf-order would be appropriate, the panel went on to consider the mitigating factors. ./Whitlow_Jonathan_-_SoS_Decision_REDACTED.pdf-Mitigating factors may indicate that a prohibition order would not be appropriate or ./Whitlow_Jonathan_-_SoS_Decision_REDACTED.pdf-proportionate. ./Whitlow_Jonathan_-_SoS_Decision_REDACTED.pdf- ./Whitlow_Jonathan_-_SoS_Decision_REDACTED.pdf-The panel found that Mr Whitlow had a previous good history, encompassing his career ./Whitlow_Jonathan_-_SoS_Decision_REDACTED.pdf-of over 40 years. The panel accepted that the incident was wholly out of character for Mr ./Whitlow_Jonathan_-_SoS_Decision_REDACTED.pdf-Whitlow, and it was a one-off occurrence. The panel accepted the [redacted] evidence -- ./Whitlow_Jonathan_-_SoS_Decision_REDACTED.pdf- ./Whitlow_Jonathan_-_SoS_Decision_REDACTED.pdf-The panel was of the view that, applying the standard of the ordinary intelligent citizen, it ./Whitlow_Jonathan_-_SoS_Decision_REDACTED.pdf-would not be a proportionate and appropriate response to recommend no prohibition ./Whitlow_Jonathan_-_SoS_Decision_REDACTED.pdf-order. Recommending that the publication of adverse findings would be sufficient would ./Whitlow_Jonathan_-_SoS_Decision_REDACTED.pdf-unacceptably compromise the public interest considerations present in this case, despite ./Whitlow_Jonathan_-_SoS_Decision_REDACTED.pdf-the severity of the consequences for Mr Whitlow of prohibition. ./Whitlow_Jonathan_-_SoS_Decision_REDACTED.pdf- ./Whitlow_Jonathan_-_SoS_Decision_REDACTED.pdf-The panel was of the view that prohibition was both proportionate and appropriate. The ./Whitlow_Jonathan_-_SoS_Decision_REDACTED.pdf-panel decided that the public interest considerations outweighed the interests of Mr ./Whitlow_Jonathan_-_SoS_Decision_REDACTED.pdf-Whitlow, even after taking into account the statements made by Pupil A and Pupil B in ./Whitlow_Jonathan_-_SoS_Decision_REDACTED.pdf:oral evidence about his effectiveness as a teacher. The finding of sexual motivation was ./Whitlow_Jonathan_-_SoS_Decision_REDACTED.pdf-a significant factor in forming that opinion. Accordingly, the panel made a ./Whitlow_Jonathan_-_SoS_Decision_REDACTED.pdf-recommendation to the Secretary of State that a prohibition order should be imposed with ./Whitlow_Jonathan_-_SoS_Decision_REDACTED.pdf-immediate effect. ./Whitlow_Jonathan_-_SoS_Decision_REDACTED.pdf- ./Whitlow_Jonathan_-_SoS_Decision_REDACTED.pdf-The panel went on to consider whether or not it would be appropriate for it to decide to ./Whitlow_Jonathan_-_SoS_Decision_REDACTED.pdf-recommend a review period of the order. The panel was mindful that the Advice states ./Whitlow_Jonathan_-_SoS_Decision_REDACTED.pdf-that a prohibition order applies for life, but there may be circumstances, in any given ./Whitlow_Jonathan_-_SoS_Decision_REDACTED.pdf-case, that may make it appropriate to allow a teacher to apply to have the prohibition ./Whitlow_Jonathan_-_SoS_Decision_REDACTED.pdf-order reviewed after a specified period of time that may not be less than 2 years. ./Whitlow_Jonathan_-_SoS_Decision_REDACTED.pdf- -- ./Whitlow_Jonathan_-_SoS_Decision_REDACTED.pdf-The Advice indicates that there are behaviours that, if proved, would militate against the ./Whitlow_Jonathan_-_SoS_Decision_REDACTED.pdf:recommendation of a review period. One of these behaviours is serious sexual ./Whitlow_Jonathan_-_SoS_Decision_REDACTED.pdf:misconduct, such as where the act was sexually motivated and resulted in, or had the ./Whitlow_Jonathan_-_SoS_Decision_REDACTED.pdf-potential to result in, harm to a person or persons, particularly where the individual has ./Whitlow_Jonathan_-_SoS_Decision_REDACTED.pdf-used his professional position to influence or exploit a person or persons. The panel ./Whitlow_Jonathan_-_SoS_Decision_REDACTED.pdf:considered this factor but whilst it found that Mr Whitlow was responsible for sexually ./Whitlow_Jonathan_-_SoS_Decision_REDACTED.pdf-motivated touching of two pupils, it found his conduct was at the lower end of the scale. ./Whitlow_Jonathan_-_SoS_Decision_REDACTED.pdf- ./Whitlow_Jonathan_-_SoS_Decision_REDACTED.pdf-The panel decided that the findings indicated a situation in which a review period would ./Whitlow_Jonathan_-_SoS_Decision_REDACTED.pdf-be appropriate and, as such, decided that it would be proportionate, in all the ./Whitlow_Jonathan_-_SoS_Decision_REDACTED.pdf-circumstances, for the prohibition order to be recommended with provisions for a review ./Whitlow_Jonathan_-_SoS_Decision_REDACTED.pdf-period after 2 years. The panel found that this would allow the teacher the opportunity to ./Whitlow_Jonathan_-_SoS_Decision_REDACTED.pdf-develop his insight into the importance of maintaining proper boundaries with pupils to ./Whitlow_Jonathan_-_SoS_Decision_REDACTED.pdf-ensure appropriate safeguarding of both himself and pupils. ./Whitlow_Jonathan_-_SoS_Decision_REDACTED.pdf- ./Whitlow_Jonathan_-_SoS_Decision_REDACTED.pdf- -- ./Whitlow_Jonathan_-_SoS_Decision_REDACTED.pdf-The panel finds that the conduct of Mr Whitlow fell significantly short of the standards ./Whitlow_Jonathan_-_SoS_Decision_REDACTED.pdf-expected of the profession. ./Whitlow_Jonathan_-_SoS_Decision_REDACTED.pdf- ./Whitlow_Jonathan_-_SoS_Decision_REDACTED.pdf:The findings of misconduct are particularly serious as they include a finding of sexual ./Whitlow_Jonathan_-_SoS_Decision_REDACTED.pdf-motivation. ./Whitlow_Jonathan_-_SoS_Decision_REDACTED.pdf- ./Whitlow_Jonathan_-_SoS_Decision_REDACTED.pdf-I have to determine whether the imposition of a prohibition order is proportionate and in ./Whitlow_Jonathan_-_SoS_Decision_REDACTED.pdf-the public interest. In considering that for this case, I have considered the overall aim of a ./Whitlow_Jonathan_-_SoS_Decision_REDACTED.pdf-prohibition order which is to protect pupils and to maintain public confidence in the ./Whitlow_Jonathan_-_SoS_Decision_REDACTED.pdf-profession. I have considered the extent to which a prohibition order in this case would ./Whitlow_Jonathan_-_SoS_Decision_REDACTED.pdf-achieve that aim taking into account the impact that it will have on the individual teacher. ./Whitlow_Jonathan_-_SoS_Decision_REDACTED.pdf-I have also asked myself, whether a less intrusive measure, such as the published ./Whitlow_Jonathan_-_SoS_Decision_REDACTED.pdf-finding of unacceptable professional conduct and conduct that may bring the profession ./Whitlow_Jonathan_-_SoS_Decision_REDACTED.pdf-into disrepute, would itself be sufficient to achieve the overall aim. I have to consider ./Whitlow_Jonathan_-_SoS_Decision_REDACTED.pdf-whether the consequences of such a publication are themselves sufficient. I have ./Whitlow_Jonathan_-_SoS_Decision_REDACTED.pdf-considered therefore whether or not prohibiting Mr Whitlow, and the impact that will have ./Whitlow_Jonathan_-_SoS_Decision_REDACTED.pdf-on him, is proportionate and in the public interest. ./Whitlow_Jonathan_-_SoS_Decision_REDACTED.pdf- ./Whitlow_Jonathan_-_SoS_Decision_REDACTED.pdf-In this case, I have considered the extent to which a prohibition order would protect ./Whitlow_Jonathan_-_SoS_Decision_REDACTED.pdf-children. The panel has observed, “There was a strong public interest consideration in ./Whitlow_Jonathan_-_SoS_Decision_REDACTED.pdf:respect of the protection of pupils, given the finding of inappropriate sexually motivated ./Whitlow_Jonathan_-_SoS_Decision_REDACTED.pdf-contact with two pupils following their last exam at the school.” A prohibition order would ./Whitlow_Jonathan_-_SoS_Decision_REDACTED.pdf-therefore prevent such a risk from being present in the future. ./Whitlow_Jonathan_-_SoS_Decision_REDACTED.pdf- ./Whitlow_Jonathan_-_SoS_Decision_REDACTED.pdf-I have gone on to consider the extent to which a prohibition order would maintain public ./Whitlow_Jonathan_-_SoS_Decision_REDACTED.pdf-confidence in the profession. The panel observe, “the panel considered that public ./Whitlow_Jonathan_-_SoS_Decision_REDACTED.pdf-confidence in the profession could be seriously weakened if conduct such as that found ./Whitlow_Jonathan_-_SoS_Decision_REDACTED.pdf-against Mr Whitlow were not treated with the utmost seriousness when regulating the ./Whitlow_Jonathan_-_SoS_Decision_REDACTED.pdf:conduct of the profession.” I am particularly mindful of the finding of sexual motivation in ./Whitlow_Jonathan_-_SoS_Decision_REDACTED.pdf-this case and the impact that such a finding has on the reputation of the profession. ./Whitlow_Jonathan_-_SoS_Decision_REDACTED.pdf- ./Whitlow_Jonathan_-_SoS_Decision_REDACTED.pdf-I have had to consider that the public has a high expectation of professional standards of ./Whitlow_Jonathan_-_SoS_Decision_REDACTED.pdf-all teachers and that the public might regard a failure to impose a prohibition order as a ./Whitlow_Jonathan_-_SoS_Decision_REDACTED.pdf-failure to uphold those high standards. In weighing these considerations, I have had to ./Whitlow_Jonathan_-_SoS_Decision_REDACTED.pdf-consider the matter from the point of view of an “ordinary intelligent and well-informed ./Whitlow_Jonathan_-_SoS_Decision_REDACTED.pdf-citizen.” ./Whitlow_Jonathan_-_SoS_Decision_REDACTED.pdf- ./Whitlow_Jonathan_-_SoS_Decision_REDACTED.pdf-I have considered whether the publication of a finding of unacceptable professional ./Whitlow_Jonathan_-_SoS_Decision_REDACTED.pdf-conduct, in the absence of a prohibition order, can itself be regarded by such a person as -- ./Whitlow_Jonathan_-_SoS_Decision_REDACTED.pdf-recommended a 2 year review period. ./Whitlow_Jonathan_-_SoS_Decision_REDACTED.pdf- ./Whitlow_Jonathan_-_SoS_Decision_REDACTED.pdf-I have considered the panel’s comments, “The panel found that this would allow the ./Whitlow_Jonathan_-_SoS_Decision_REDACTED.pdf-teacher the opportunity to develop his insight into the importance of maintaining proper ./Whitlow_Jonathan_-_SoS_Decision_REDACTED.pdf-boundaries with pupils to ensure appropriate safeguarding of both himself and pupils.” ./Whitlow_Jonathan_-_SoS_Decision_REDACTED.pdf- ./Whitlow_Jonathan_-_SoS_Decision_REDACTED.pdf-I have considered whether a 2 year review period reflects the seriousness of the findings ./Whitlow_Jonathan_-_SoS_Decision_REDACTED.pdf-and is a proportionate period to achieve the aim of maintaining public confidence in the ./Whitlow_Jonathan_-_SoS_Decision_REDACTED.pdf-profession. In this case, my view is that there are three factors that mean a two-year ./Whitlow_Jonathan_-_SoS_Decision_REDACTED.pdf-review period is not sufficient to achieve the aim of maintaining public confidence in the ./Whitlow_Jonathan_-_SoS_Decision_REDACTED.pdf:profession. These elements are the sexual motivation found, the fact that it affected two ./Whitlow_Jonathan_-_SoS_Decision_REDACTED.pdf-pupils and the lack of demonstrated insight or remorse. I believe this applies appropriate ./Whitlow_Jonathan_-_SoS_Decision_REDACTED.pdf-weight to the seriousness of the misconduct, allows adequate time for insight and ./Whitlow_Jonathan_-_SoS_Decision_REDACTED.pdf-remorse to be fully developed and is required to maintain public confidence in the ./Whitlow_Jonathan_-_SoS_Decision_REDACTED.pdf-profession. ./Whitlow_Jonathan_-_SoS_Decision_REDACTED.pdf- ./Whitlow_Jonathan_-_SoS_Decision_REDACTED.pdf-This means that Mr Jonathan Whitlow is prohibited from teaching indefinitely and ./Whitlow_Jonathan_-_SoS_Decision_REDACTED.pdf-cannot teach in any school, sixth form college, relevant youth accommodation or ./Whitlow_Jonathan_-_SoS_Decision_REDACTED.pdf-children’s home in England. He may apply for the prohibition order to be set aside, but ./Whitlow_Jonathan_-_SoS_Decision_REDACTED.pdf-not until 19 February 2025, 5 years from the date of this order at the earliest. This is not ./Whitlow_Jonathan_-_SoS_Decision_REDACTED.pdf-an automatic right to have the prohibition order removed. If he does apply, a panel will ./Wieder__Adam_Kenneth_-_0535954_-_Web_Decision.pdf-Teacher: Mr Adam Wieder ./Wieder__Adam_Kenneth_-_0535954_-_Web_Decision.pdf- ./Wieder__Adam_Kenneth_-_0535954_-_Web_Decision.pdf-Teacher ref no: 05/35954 ./Wieder__Adam_Kenneth_-_0535954_-_Web_Decision.pdf- ./Wieder__Adam_Kenneth_-_0535954_-_Web_Decision.pdf-Teacher date of birth: 30 June 1984 ./Wieder__Adam_Kenneth_-_0535954_-_Web_Decision.pdf- ./Wieder__Adam_Kenneth_-_0535954_-_Web_Decision.pdf-NCTL Case ref no: 0010463 ./Wieder__Adam_Kenneth_-_0535954_-_Web_Decision.pdf- ./Wieder__Adam_Kenneth_-_0535954_-_Web_Decision.pdf-Date of Determination: 6 November 2014 ./Wieder__Adam_Kenneth_-_0535954_-_Web_Decision.pdf- ./Wieder__Adam_Kenneth_-_0535954_-_Web_Decision.pdf:Former employer: Oriel Primary School, Hanworth, Middlesex ./Wieder__Adam_Kenneth_-_0535954_-_Web_Decision.pdf- ./Wieder__Adam_Kenneth_-_0535954_-_Web_Decision.pdf- ./Wieder__Adam_Kenneth_-_0535954_-_Web_Decision.pdf- ./Wieder__Adam_Kenneth_-_0535954_-_Web_Decision.pdf- ./Wieder__Adam_Kenneth_-_0535954_-_Web_Decision.pdf-A. Introduction ./Wieder__Adam_Kenneth_-_0535954_-_Web_Decision.pdf-A Professional Conduct Panel (“the Panel”) of the National College for Teaching and ./Wieder__Adam_Kenneth_-_0535954_-_Web_Decision.pdf-Leadership (“the National College”) convened on 3-6 November 2014 at Hilton Hotel, ./Wieder__Adam_Kenneth_-_0535954_-_Web_Decision.pdf-Paradise Way, Walsgrave Triangle, Coventry CV2 2ST. ./Wieder__Adam_Kenneth_-_0535954_-_Web_Decision.pdf- ./Wieder__Adam_Kenneth_-_0535954_-_Web_Decision.pdf-The Panel members were Dr Geoffrey Penzer (Lay Panellist – in the Chair), Mrs Kathy ./Wilson_E_-_S_of_S_decision_-_non_restricted.pdf- 1. Engaged in inappropriate physical conduct with Pupil A and/or other inappropriate ./Wilson_E_-_S_of_S_decision_-_non_restricted.pdf- conduct during a trip in July – August 2015 in that she: ./Wilson_E_-_S_of_S_decision_-_non_restricted.pdf- ./Wilson_E_-_S_of_S_decision_-_non_restricted.pdf- a. consumed alcohol; ./Wilson_E_-_S_of_S_decision_-_non_restricted.pdf- ./Wilson_E_-_S_of_S_decision_-_non_restricted.pdf- b. permitted pupils to consume alcohol; ./Wilson_E_-_S_of_S_decision_-_non_restricted.pdf- ./Wilson_E_-_S_of_S_decision_-_non_restricted.pdf- c. kissed Pupil A on the plane on the way back from the trip on or around 2 ./Wilson_E_-_S_of_S_decision_-_non_restricted.pdf- August 2015; ./Wilson_E_-_S_of_S_decision_-_non_restricted.pdf- ./Wilson_E_-_S_of_S_decision_-_non_restricted.pdf: d. had oral sex with Pupil A in the airplane toilet on the way back from the trip ./Wilson_E_-_S_of_S_decision_-_non_restricted.pdf- on or around 2 August 2015; ./Wilson_E_-_S_of_S_decision_-_non_restricted.pdf- ./Wilson_E_-_S_of_S_decision_-_non_restricted.pdf: e. had sexual intercourse with Pupil A in the airplane toilet on the way back ./Wilson_E_-_S_of_S_decision_-_non_restricted.pdf- from the trip on or around 2 August 2015: ./Wilson_E_-_S_of_S_decision_-_non_restricted.pdf- ./Wilson_E_-_S_of_S_decision_-_non_restricted.pdf- 2. Engaged in an inappropriate relationship with Pupil A in 2015 and / or 2016 in that ./Wilson_E_-_S_of_S_decision_-_non_restricted.pdf- she: ./Wilson_E_-_S_of_S_decision_-_non_restricted.pdf- ./Wilson_E_-_S_of_S_decision_-_non_restricted.pdf- a. met pupil A on a one to one basis in her office; ./Wilson_E_-_S_of_S_decision_-_non_restricted.pdf- ./Wilson_E_-_S_of_S_decision_-_non_restricted.pdf- b. shared her personal mobile number with Pupil A; ./Wilson_E_-_S_of_S_decision_-_non_restricted.pdf- ./Wilson_E_-_S_of_S_decision_-_non_restricted.pdf- c. regularly communicated with Pupil A outside of school; -- ./Wilson_E_-_S_of_S_decision_-_non_restricted.pdf- d. disclosed personal details of her life to Pupil A; ./Wilson_E_-_S_of_S_decision_-_non_restricted.pdf- ./Wilson_E_-_S_of_S_decision_-_non_restricted.pdf- e. took Pupil A on one or more outings; ./Wilson_E_-_S_of_S_decision_-_non_restricted.pdf- ./Wilson_E_-_S_of_S_decision_-_non_restricted.pdf- f. consumed alcohol with Pupil A; ./Wilson_E_-_S_of_S_decision_-_non_restricted.pdf- ./Wilson_E_-_S_of_S_decision_-_non_restricted.pdf- g. kissed Pupil A on one or more occasions; ./Wilson_E_-_S_of_S_decision_-_non_restricted.pdf- ./Wilson_E_-_S_of_S_decision_-_non_restricted.pdf- h. touched Pupil A, including rubbing his leg; ./Wilson_E_-_S_of_S_decision_-_non_restricted.pdf- ./Wilson_E_-_S_of_S_decision_-_non_restricted.pdf: 3. Her conduct at allegations 1 and 2 as may be found proven was sexually ./Wilson_E_-_S_of_S_decision_-_non_restricted.pdf- motivated; ./Wilson_E_-_S_of_S_decision_-_non_restricted.pdf- ./Wilson_E_-_S_of_S_decision_-_non_restricted.pdf- 4. In or around May 2016 she informed the school’s principal that: ./Wilson_E_-_S_of_S_decision_-_non_restricted.pdf- ./Wilson_E_-_S_of_S_decision_-_non_restricted.pdf- ./Wilson_E_-_S_of_S_decision_-_non_restricted.pdf- ./Wilson_E_-_S_of_S_decision_-_non_restricted.pdf- 4 ./Wilson_E_-_S_of_S_decision_-_non_restricted.pdf- -- ./Wilson_E_-_S_of_S_decision_-_non_restricted.pdf- a. she had not been meeting Pupil A outside school when in fact she had ./Wilson_E_-_S_of_S_decision_-_non_restricted.pdf- been; ./Wilson_E_-_S_of_S_decision_-_non_restricted.pdf- ./Wilson_E_-_S_of_S_decision_-_non_restricted.pdf: b. she had not had sexual intercourse with Pupil A when in fact she had; ./Wilson_E_-_S_of_S_decision_-_non_restricted.pdf- ./Wilson_E_-_S_of_S_decision_-_non_restricted.pdf- 5. Breached confidentiality in relation to allegations against her regarding her ./Wilson_E_-_S_of_S_decision_-_non_restricted.pdf- relationship with Pupil A, in that she discussed the allegations with Pupil A; ./Wilson_E_-_S_of_S_decision_-_non_restricted.pdf- ./Wilson_E_-_S_of_S_decision_-_non_restricted.pdf- 6. Asked Pupil A: ./Wilson_E_-_S_of_S_decision_-_non_restricted.pdf- ./Wilson_E_-_S_of_S_decision_-_non_restricted.pdf- a. to keep their relationship secret; ./Wilson_E_-_S_of_S_decision_-_non_restricted.pdf- ./Wilson_E_-_S_of_S_decision_-_non_restricted.pdf- b. to deny their relationship if asked about it; ./Wilson_E_-_S_of_S_decision_-_non_restricted.pdf- -- ./Wilson_E_-_S_of_S_decision_-_non_restricted.pdf-The panel has carefully considered the case before us and have reached a decision. ./Wilson_E_-_S_of_S_decision_-_non_restricted.pdf- ./Wilson_E_-_S_of_S_decision_-_non_restricted.pdf-The panel confirms that it has read all the documents provided in the bundle in advance ./Wilson_E_-_S_of_S_decision_-_non_restricted.pdf-of the hearing and the additional documents added to the bundle. ./Wilson_E_-_S_of_S_decision_-_non_restricted.pdf- ./Wilson_E_-_S_of_S_decision_-_non_restricted.pdf-Miss Wilson had been employed by the school from 2013 as a physics teacher and head ./Wilson_E_-_S_of_S_decision_-_non_restricted.pdf-of Key Stage 4. ./Wilson_E_-_S_of_S_decision_-_non_restricted.pdf- ./Wilson_E_-_S_of_S_decision_-_non_restricted.pdf-In July and August 2015, Miss Wilson accompanied a school trip. During this trip it is ./Wilson_E_-_S_of_S_decision_-_non_restricted.pdf-alleged that she became close to Pupil A and this relationship was inappropriate. On the ./Wilson_E_-_S_of_S_decision_-_non_restricted.pdf:return flight, it is alleged that she had oral sex and intercourse with Pupil A. ./Wilson_E_-_S_of_S_decision_-_non_restricted.pdf- ./Wilson_E_-_S_of_S_decision_-_non_restricted.pdf-In the following months it is alleged that the relationship with Pupil A continued through ./Wilson_E_-_S_of_S_decision_-_non_restricted.pdf-text messages and meetings outside of school. ./Wilson_E_-_S_of_S_decision_-_non_restricted.pdf- ./Wilson_E_-_S_of_S_decision_-_non_restricted.pdf-In September 2015, the headteacher of the school became aware of the allegations that ./Wilson_E_-_S_of_S_decision_-_non_restricted.pdf-Miss Wilson was having an inappropriate relationship with a pupil, although the identity of ./Wilson_E_-_S_of_S_decision_-_non_restricted.pdf-the pupil was not known at that time. Miss Wilson was interviewed about the allegations ./Wilson_E_-_S_of_S_decision_-_non_restricted.pdf-and following this interview, as there was no corroborating evidence, no further action ./Wilson_E_-_S_of_S_decision_-_non_restricted.pdf-was taken at that time. ./Wilson_E_-_S_of_S_decision_-_non_restricted.pdf- ./Wilson_E_-_S_of_S_decision_-_non_restricted.pdf-In March 2016, Miss Wilson received a series of emails from Pupil C, in which he ./Wilson_E_-_S_of_S_decision_-_non_restricted.pdf:confirmed knowledge of a sexual relationship between Miss Wilson and Pupil A and in ./Wilson_E_-_S_of_S_decision_-_non_restricted.pdf:which he said he would inform the school unless she engaged in sexual conduct with ./Wilson_E_-_S_of_S_decision_-_non_restricted.pdf-him. These emails were reported to the school and the police. ./Wilson_E_-_S_of_S_decision_-_non_restricted.pdf- ./Wilson_E_-_S_of_S_decision_-_non_restricted.pdf- ./Wilson_E_-_S_of_S_decision_-_non_restricted.pdf- ./Wilson_E_-_S_of_S_decision_-_non_restricted.pdf- ./Wilson_E_-_S_of_S_decision_-_non_restricted.pdf- 8 ./Wilson_E_-_S_of_S_decision_-_non_restricted.pdf- -- ./Wilson_E_-_S_of_S_decision_-_non_restricted.pdf-1. You engaged in inappropriate physical conduct with Pupil A and / or other ./Wilson_E_-_S_of_S_decision_-_non_restricted.pdf-inappropriate conduct during a trip in July to August 2015 in that you: ./Wilson_E_-_S_of_S_decision_-_non_restricted.pdf- ./Wilson_E_-_S_of_S_decision_-_non_restricted.pdf- a. consumed alcohol; ./Wilson_E_-_S_of_S_decision_-_non_restricted.pdf- ./Wilson_E_-_S_of_S_decision_-_non_restricted.pdf- b. permitted pupils to consume alcohol; ./Wilson_E_-_S_of_S_decision_-_non_restricted.pdf- ./Wilson_E_-_S_of_S_decision_-_non_restricted.pdf- c. kissed Pupil A on the plane on the way back from the trip on or around 2 ./Wilson_E_-_S_of_S_decision_-_non_restricted.pdf- August 2015; ./Wilson_E_-_S_of_S_decision_-_non_restricted.pdf- ./Wilson_E_-_S_of_S_decision_-_non_restricted.pdf: d. had oral sex with Pupil A in the airplane toilet on the way back from the ./Wilson_E_-_S_of_S_decision_-_non_restricted.pdf- trip on or around 2 August 2015; ./Wilson_E_-_S_of_S_decision_-_non_restricted.pdf- ./Wilson_E_-_S_of_S_decision_-_non_restricted.pdf: e. had sexual intercourse with Pupil A in the airplane toilet on the way back ./Wilson_E_-_S_of_S_decision_-_non_restricted.pdf- from the trip on or around 2 August 2015. ./Wilson_E_-_S_of_S_decision_-_non_restricted.pdf- ./Wilson_E_-_S_of_S_decision_-_non_restricted.pdf-The panel heard evidence from Pupil A that during a school trip, he and Miss Wilson ./Wilson_E_-_S_of_S_decision_-_non_restricted.pdf-became close. During the flight home from the trip, Pupil A gave evidence that he and ./Wilson_E_-_S_of_S_decision_-_non_restricted.pdf-Miss Wilson were flirting at the back of the plane, whilst looking after another pupil who ./Wilson_E_-_S_of_S_decision_-_non_restricted.pdf-was unwell. Pupil A gave evidence that Miss Wilson was intoxicated and that he had ./Wilson_E_-_S_of_S_decision_-_non_restricted.pdf-himself drunk approximately 5 miniature bottles of wine on the flight. ./Wilson_E_-_S_of_S_decision_-_non_restricted.pdf- ./Wilson_E_-_S_of_S_decision_-_non_restricted.pdf-Pupil A gave evidence that he and Miss Wilson entered the toilet, kissed and had oral ./Wilson_E_-_S_of_S_decision_-_non_restricted.pdf:sex and intercourse without using protection. ./Wilson_E_-_S_of_S_decision_-_non_restricted.pdf- ./Wilson_E_-_S_of_S_decision_-_non_restricted.pdf-Miss Wilson denied this allegation in its entirety, as evidenced within the notes of the ./Wilson_E_-_S_of_S_decision_-_non_restricted.pdf-school’s investigation. ./Wilson_E_-_S_of_S_decision_-_non_restricted.pdf- ./Wilson_E_-_S_of_S_decision_-_non_restricted.pdf-[redacted] ./Wilson_E_-_S_of_S_decision_-_non_restricted.pdf- ./Wilson_E_-_S_of_S_decision_-_non_restricted.pdf-The panel considered all of the evidence, and after hearing his oral evidence and having ./Wilson_E_-_S_of_S_decision_-_non_restricted.pdf-the opportunity to test it, preferred the evidence of Pupil A. The panel found Pupil A to be ./Wilson_E_-_S_of_S_decision_-_non_restricted.pdf-a credible, reliable witness. On the balance of probabilities it believed that the matters set ./Wilson_E_-_S_of_S_decision_-_non_restricted.pdf-out within allegation 1.a. to 1.e. were more likely than not to have occurred. -- ./Wilson_E_-_S_of_S_decision_-_non_restricted.pdf-whether she drank alcohol with Pupil A on an occasion outside of school but thought that ./Wilson_E_-_S_of_S_decision_-_non_restricted.pdf-she had. The panel heard evidence from Pupil A that she had in fact drunk cider with him ./Wilson_E_-_S_of_S_decision_-_non_restricted.pdf-on one occasion when they met outside of the school environment and that he had ./Wilson_E_-_S_of_S_decision_-_non_restricted.pdf-shown the school his receipt for the drinks during the school’s investigation. ./Wilson_E_-_S_of_S_decision_-_non_restricted.pdf- ./Wilson_E_-_S_of_S_decision_-_non_restricted.pdf-Miss Wilson denied allegations 2.g. and 2.h., as evidenced within the notes of the ./Wilson_E_-_S_of_S_decision_-_non_restricted.pdf-school’s investigation. Miss Wilson’s evidence was that she had hugged Pupil A on ./Wilson_E_-_S_of_S_decision_-_non_restricted.pdf-occasion but nothing further had happened. ./Wilson_E_-_S_of_S_decision_-_non_restricted.pdf- ./Wilson_E_-_S_of_S_decision_-_non_restricted.pdf-Pupil A gave evidence that he and Miss Wilson had met outside of school and engaged ./Wilson_E_-_S_of_S_decision_-_non_restricted.pdf:in behaviour which he did not consider to be sexual acts, but which did involve kissing ./Wilson_E_-_S_of_S_decision_-_non_restricted.pdf-and touching each other. ./Wilson_E_-_S_of_S_decision_-_non_restricted.pdf- ./Wilson_E_-_S_of_S_decision_-_non_restricted.pdf-The panel considered that Pupil A’s evidence was consistent and credible. ./Wilson_E_-_S_of_S_decision_-_non_restricted.pdf- ./Wilson_E_-_S_of_S_decision_-_non_restricted.pdf-The panel considered all of the evidence, and preferred the evidence of Pupil A and on ./Wilson_E_-_S_of_S_decision_-_non_restricted.pdf-the balance of probabilities it believed that the matters set out within allegation 2.g. and ./Wilson_E_-_S_of_S_decision_-_non_restricted.pdf-2.h. were more likely than not to have occurred. ./Wilson_E_-_S_of_S_decision_-_non_restricted.pdf- ./Wilson_E_-_S_of_S_decision_-_non_restricted.pdf- 10 ./Wilson_E_-_S_of_S_decision_-_non_restricted.pdf- -- ./Wilson_E_-_S_of_S_decision_-_non_restricted.pdf-The panel therefore found allegations 2.a. to 2.h. proven. ./Wilson_E_-_S_of_S_decision_-_non_restricted.pdf- ./Wilson_E_-_S_of_S_decision_-_non_restricted.pdf:3. Your conduct at allegations 1 and 2 as may be found proven was sexually ./Wilson_E_-_S_of_S_decision_-_non_restricted.pdf-motivated. ./Wilson_E_-_S_of_S_decision_-_non_restricted.pdf- ./Wilson_E_-_S_of_S_decision_-_non_restricted.pdf-As with all findings of fact, the Panel considered this question applying the balance of ./Wilson_E_-_S_of_S_decision_-_non_restricted.pdf-probabilities. The panel considered whether on the balance of probabilities reasonable ./Wilson_E_-_S_of_S_decision_-_non_restricted.pdf:persons would think the words and actions found proven could be sexual. The panel then ./Wilson_E_-_S_of_S_decision_-_non_restricted.pdf-considered whether, in all the circumstances of the conduct in the case, it was more likely ./Wilson_E_-_S_of_S_decision_-_non_restricted.pdf:than not that the teacher’s purpose of such words and actions were sexual. ./Wilson_E_-_S_of_S_decision_-_non_restricted.pdf- ./Wilson_E_-_S_of_S_decision_-_non_restricted.pdf:The panel considered whether, even in the absence of any direct evidence, sexual ./Wilson_E_-_S_of_S_decision_-_non_restricted.pdf-motivation should be inferred from all the circumstances of the case. The panel had in ./Wilson_E_-_S_of_S_decision_-_non_restricted.pdf-mind the evidence of the teacher’s character and considered whether such evidence had ./Wilson_E_-_S_of_S_decision_-_non_restricted.pdf-any bearing on the teacher’s credibility or propensity to have carried out the alleged facts ./Wilson_E_-_S_of_S_decision_-_non_restricted.pdf-or to the circumstances in which the teacher found herself. ./Wilson_E_-_S_of_S_decision_-_non_restricted.pdf- ./Wilson_E_-_S_of_S_decision_-_non_restricted.pdf-The panel considered the evidence of Pupil A that he believed he was in a relationship with ./Wilson_E_-_S_of_S_decision_-_non_restricted.pdf-Miss Wilson and that he thought he loved her. ./Wilson_E_-_S_of_S_decision_-_non_restricted.pdf- ./Wilson_E_-_S_of_S_decision_-_non_restricted.pdf-The panel considered that allegations 1 and 2 were proven. The panel considered that as ./Wilson_E_-_S_of_S_decision_-_non_restricted.pdf:sexual contact was proven within those allegations, sexual motivation was more likely ./Wilson_E_-_S_of_S_decision_-_non_restricted.pdf-than not to have been Miss Wilson’s motivation and therefore on the balance of ./Wilson_E_-_S_of_S_decision_-_non_restricted.pdf-probabilities, was proven in relation to allegations 1.c. to 1.e. and in relation to the ./Wilson_E_-_S_of_S_decision_-_non_restricted.pdf-entirety of allegation 2. ./Wilson_E_-_S_of_S_decision_-_non_restricted.pdf- ./Wilson_E_-_S_of_S_decision_-_non_restricted.pdf:The panel did not consider, on the balance of probabilities, that sexual motivation was ./Wilson_E_-_S_of_S_decision_-_non_restricted.pdf-proven in relation to allegations 1.a. and 1.b. ./Wilson_E_-_S_of_S_decision_-_non_restricted.pdf- ./Wilson_E_-_S_of_S_decision_-_non_restricted.pdf-4. In or around May 2016 you informed the school’s principal that: ./Wilson_E_-_S_of_S_decision_-_non_restricted.pdf- ./Wilson_E_-_S_of_S_decision_-_non_restricted.pdf- a. you had not been meeting Pupil A outside school when in fact you had ./Wilson_E_-_S_of_S_decision_-_non_restricted.pdf- been; ./Wilson_E_-_S_of_S_decision_-_non_restricted.pdf- ./Wilson_E_-_S_of_S_decision_-_non_restricted.pdf: b. you had not had sexual intercourse with Pupil A when in fact you had. ./Wilson_E_-_S_of_S_decision_-_non_restricted.pdf- ./Wilson_E_-_S_of_S_decision_-_non_restricted.pdf-The panel considered the notes of the school’s investigation which were found to be ./Wilson_E_-_S_of_S_decision_-_non_restricted.pdf-credible, contemporaneous notes of the meetings Miss Wilson had with the headteacher ./Wilson_E_-_S_of_S_decision_-_non_restricted.pdf-as part of the school’s investigation. The panel made this determination on credibility ./Wilson_E_-_S_of_S_decision_-_non_restricted.pdf-having heard, and given weight to, the oral evidence of the headteacher. ./Wilson_E_-_S_of_S_decision_-_non_restricted.pdf- ./Wilson_E_-_S_of_S_decision_-_non_restricted.pdf-The panel heard oral evidence from the headteacher in which the headteacher described ./Wilson_E_-_S_of_S_decision_-_non_restricted.pdf-Miss Wilson’s behaviour during the interviews which took place as part of the school’s ./Wilson_E_-_S_of_S_decision_-_non_restricted.pdf-investigation in March 2016. The panel found the evidence of Miss Wilson’s evasive ./Wilson_E_-_S_of_S_decision_-_non_restricted.pdf-demeanour during the interview to be credible and reliable. -- ./Wilson_E_-_S_of_S_decision_-_non_restricted.pdf-The panel also considered the letter from Miss Wilson to the school dated 20 May 2016 ./Wilson_E_-_S_of_S_decision_-_non_restricted.pdf-in which she confirmed she knew that contacting Pupil A in the way that she did was ./Wilson_E_-_S_of_S_decision_-_non_restricted.pdf-inappropriate. She also stated that “as the teacher in this situation it was my ./Wilson_E_-_S_of_S_decision_-_non_restricted.pdf-responsibility to be truthful and I wasn’t 100% in my interview with [the school].” ./Wilson_E_-_S_of_S_decision_-_non_restricted.pdf- ./Wilson_E_-_S_of_S_decision_-_non_restricted.pdf-Having found that allegations 1.c. to 1.e. were proven, the panel went on to consider the ./Wilson_E_-_S_of_S_decision_-_non_restricted.pdf:evidence of Miss Wilson in the school’s investigation in which she denied having sexual ./Wilson_E_-_S_of_S_decision_-_non_restricted.pdf:intercourse with Pupil A and denied any other sexual contact with Pupil A. ./Wilson_E_-_S_of_S_decision_-_non_restricted.pdf- ./Wilson_E_-_S_of_S_decision_-_non_restricted.pdf-The panel considered that, on the balance of probabilities, allegations 4.a. and 4.b. were ./Wilson_E_-_S_of_S_decision_-_non_restricted.pdf-therefore proven. ./Wilson_E_-_S_of_S_decision_-_non_restricted.pdf- ./Wilson_E_-_S_of_S_decision_-_non_restricted.pdf-5. You breached confidentiality in relation to allegations against you regarding ./Wilson_E_-_S_of_S_decision_-_non_restricted.pdf-your relationship with Pupil A, in that you discussed the allegations with Pupil A. ./Wilson_E_-_S_of_S_decision_-_non_restricted.pdf- ./Wilson_E_-_S_of_S_decision_-_non_restricted.pdf-The panel heard evidence that Miss Wilson confirmed during the school’s investigation in ./Wilson_E_-_S_of_S_decision_-_non_restricted.pdf-March 2016 that she did talk to Pupil A about the emails which she was sent by another ./Wilson_E_-_S_of_S_decision_-_non_restricted.pdf-pupil. Miss Wilson also confirmed that she spoke to Pupil A informing him that there was -- ./Wilson_E_-_S_of_S_decision_-_non_restricted.pdf- statutory provisions. ./Wilson_E_-_S_of_S_decision_-_non_restricted.pdf-  Teachers must have proper and professional regard for the ethos, policies and ./Wilson_E_-_S_of_S_decision_-_non_restricted.pdf- practices of the school in which they teach. ./Wilson_E_-_S_of_S_decision_-_non_restricted.pdf-  Teachers must have an understanding of, and always act within, the statutory ./Wilson_E_-_S_of_S_decision_-_non_restricted.pdf- frameworks which set out their professional duties and responsibilities. ./Wilson_E_-_S_of_S_decision_-_non_restricted.pdf-The panel is satisfied that the conduct of Miss Wilson fell significantly short of the ./Wilson_E_-_S_of_S_decision_-_non_restricted.pdf-standards expected of the profession. ./Wilson_E_-_S_of_S_decision_-_non_restricted.pdf- ./Wilson_E_-_S_of_S_decision_-_non_restricted.pdf-The panel has also considered whether Miss Wilson’s conduct displayed behaviours ./Wilson_E_-_S_of_S_decision_-_non_restricted.pdf-associated with any of the offences listed on pages 8 and 9 of the Advice and the panel ./Wilson_E_-_S_of_S_decision_-_non_restricted.pdf:has found that the offences of serious dishonesty and sexual activity are relevant. ./Wilson_E_-_S_of_S_decision_-_non_restricted.pdf- ./Wilson_E_-_S_of_S_decision_-_non_restricted.pdf-The Advice indicates that where behaviours associated with such an offence exist, a ./Wilson_E_-_S_of_S_decision_-_non_restricted.pdf-panel is likely to conclude that an individual’s conduct would amount to unacceptable ./Wilson_E_-_S_of_S_decision_-_non_restricted.pdf-professional conduct. ./Wilson_E_-_S_of_S_decision_-_non_restricted.pdf- ./Wilson_E_-_S_of_S_decision_-_non_restricted.pdf-The panel notes that the allegations 2.b., 2.c., 2.d., 2.e., 2.f., 2.g. and 2.h. took place ./Wilson_E_-_S_of_S_decision_-_non_restricted.pdf-outside of the education setting. The panel considered that this behaviour considerably ./Wilson_E_-_S_of_S_decision_-_non_restricted.pdf-eroded the boundary between Miss Wilson and Pupil A, and to Pupil A’s detriment. ./Wilson_E_-_S_of_S_decision_-_non_restricted.pdf- ./Wilson_E_-_S_of_S_decision_-_non_restricted.pdf-Accordingly, the panel is satisfied that Miss Wilson is guilty of unacceptable professional -- ./Wilson_E_-_S_of_S_decision_-_non_restricted.pdf-given in order to be punitive, or to show that blame has been apportioned, although they ./Wilson_E_-_S_of_S_decision_-_non_restricted.pdf-are likely to have a punitive effect. ./Wilson_E_-_S_of_S_decision_-_non_restricted.pdf- ./Wilson_E_-_S_of_S_decision_-_non_restricted.pdf-The panel has considered the particular public interest considerations set out in the ./Wilson_E_-_S_of_S_decision_-_non_restricted.pdf-Advice and having done so has found a number of them to be relevant in this case, ./Wilson_E_-_S_of_S_decision_-_non_restricted.pdf-namely the protection of pupils; the maintenance of public confidence in the profession; ./Wilson_E_-_S_of_S_decision_-_non_restricted.pdf-upholding proper standards of conduct; and the interest of retaining the teacher in the ./Wilson_E_-_S_of_S_decision_-_non_restricted.pdf-profession. ./Wilson_E_-_S_of_S_decision_-_non_restricted.pdf- ./Wilson_E_-_S_of_S_decision_-_non_restricted.pdf-In light of the panel’s findings against Miss Wilson, which involved an inappropriate ./Wilson_E_-_S_of_S_decision_-_non_restricted.pdf:sexual relationship with a pupil and dishonesty in covering up the relationship, there is a ./Wilson_E_-_S_of_S_decision_-_non_restricted.pdf-strong public interest consideration in respect of the protection of pupils given the ./Wilson_E_-_S_of_S_decision_-_non_restricted.pdf-seriousness of the findings. Similarly, the panel considers that public confidence in the ./Wilson_E_-_S_of_S_decision_-_non_restricted.pdf-profession could be significantly weakened if conduct such as that found against Miss ./Wilson_E_-_S_of_S_decision_-_non_restricted.pdf-Wilson were not treated with the utmost seriousness when regulating the conduct of the ./Wilson_E_-_S_of_S_decision_-_non_restricted.pdf-profession. ./Wilson_E_-_S_of_S_decision_-_non_restricted.pdf- ./Wilson_E_-_S_of_S_decision_-_non_restricted.pdf- ./Wilson_E_-_S_of_S_decision_-_non_restricted.pdf- ./Wilson_E_-_S_of_S_decision_-_non_restricted.pdf- ./Wilson_E_-_S_of_S_decision_-_non_restricted.pdf- 15 -- ./Wilson_E_-_S_of_S_decision_-_non_restricted.pdf-of such behaviours, those that are relevant in this case are: ./Wilson_E_-_S_of_S_decision_-_non_restricted.pdf- ./Wilson_E_-_S_of_S_decision_-_non_restricted.pdf-  serious departure from the personal and professional conduct elements of the ./Wilson_E_-_S_of_S_decision_-_non_restricted.pdf- Teachers’ Standards; ./Wilson_E_-_S_of_S_decision_-_non_restricted.pdf-  misconduct seriously affecting the education and/or well-being of pupils, and ./Wilson_E_-_S_of_S_decision_-_non_restricted.pdf- particularly where there is a continuing risk; ./Wilson_E_-_S_of_S_decision_-_non_restricted.pdf-  abuse of position or trust (particularly involving vulnerable pupils) or violation of the ./Wilson_E_-_S_of_S_decision_-_non_restricted.pdf- rights of pupils; ./Wilson_E_-_S_of_S_decision_-_non_restricted.pdf-  dishonesty especially where there have been serious consequences, and/or it has ./Wilson_E_-_S_of_S_decision_-_non_restricted.pdf- been repeated and/or covered up; ./Wilson_E_-_S_of_S_decision_-_non_restricted.pdf:  sexual misconduct, e.g. involving actions that were sexually motivated or of a ./Wilson_E_-_S_of_S_decision_-_non_restricted.pdf: sexual nature and/or that use or exploit the trust, knowledge or influence derived ./Wilson_E_-_S_of_S_decision_-_non_restricted.pdf- from the individual’s professional position. ./Wilson_E_-_S_of_S_decision_-_non_restricted.pdf-Even though there were several behaviours that would point to a prohibition order being ./Wilson_E_-_S_of_S_decision_-_non_restricted.pdf-appropriate, the panel went on to consider whether or not there were sufficient mitigating ./Wilson_E_-_S_of_S_decision_-_non_restricted.pdf-factors to militate against a prohibition order being an appropriate and proportionate ./Wilson_E_-_S_of_S_decision_-_non_restricted.pdf-measure to impose, particularly taking into account the nature and severity of the ./Wilson_E_-_S_of_S_decision_-_non_restricted.pdf-behaviours in this case. In light of the panel’s findings, there was evidence that the ./Wilson_E_-_S_of_S_decision_-_non_restricted.pdf-teacher’s actions were deliberate and continued for a significant length of time despite ./Wilson_E_-_S_of_S_decision_-_non_restricted.pdf-her understanding that her behaviour was inappropriate. There was no evidence to ./Wilson_E_-_S_of_S_decision_-_non_restricted.pdf-suggest that the teacher was acting under duress. The panel also considered evidence ./Wilson_E_-_S_of_S_decision_-_non_restricted.pdf-from the headteacher that Miss Wilson had up to date safeguarding training throughout -- ./Wilson_E_-_S_of_S_decision_-_non_restricted.pdf-Secretary of State that a prohibition order should be imposed with immediate effect. ./Wilson_E_-_S_of_S_decision_-_non_restricted.pdf- ./Wilson_E_-_S_of_S_decision_-_non_restricted.pdf-The panel went on to consider whether or not it would be appropriate to decide to ./Wilson_E_-_S_of_S_decision_-_non_restricted.pdf-recommend a review period of the order. The panel was mindful that the Advice states ./Wilson_E_-_S_of_S_decision_-_non_restricted.pdf-that a prohibition order applies for life, but there may be circumstances in any given case ./Wilson_E_-_S_of_S_decision_-_non_restricted.pdf-that may make it appropriate to allow a teacher to apply to have the prohibition order ./Wilson_E_-_S_of_S_decision_-_non_restricted.pdf-reviewed after a specified period of time that may not be less than 2 years. ./Wilson_E_-_S_of_S_decision_-_non_restricted.pdf- ./Wilson_E_-_S_of_S_decision_-_non_restricted.pdf-The Advice indicates that there are behaviours that, if proven, would militate against a ./Wilson_E_-_S_of_S_decision_-_non_restricted.pdf-review period being recommended. These behaviours include serious dishonesty and ./Wilson_E_-_S_of_S_decision_-_non_restricted.pdf:serious sexual misconduct. The panel has found that Miss Wilson engaged in sexual ./Wilson_E_-_S_of_S_decision_-_non_restricted.pdf:activity with Pupil A on one occasion, including oral sex and sexual intercourse. ./Wilson_E_-_S_of_S_decision_-_non_restricted.pdf-Additionally the panel has found that Miss Wilson encouraged Pupil A to hide their ./Wilson_E_-_S_of_S_decision_-_non_restricted.pdf-relationship and lied about it herself when an investigation into the allegations was ./Wilson_E_-_S_of_S_decision_-_non_restricted.pdf-undertaken by the school. ./Wilson_E_-_S_of_S_decision_-_non_restricted.pdf- ./Wilson_E_-_S_of_S_decision_-_non_restricted.pdf-The panel did not consider that Miss Wilson demonstrated insight into the consequences ./Wilson_E_-_S_of_S_decision_-_non_restricted.pdf-of her actions. Whilst she did express remorse as to the impact of her actions on Pupil A ./Wilson_E_-_S_of_S_decision_-_non_restricted.pdf-and his family, Miss Wilson demonstrated herself to be more concerned with the impact ./Wilson_E_-_S_of_S_decision_-_non_restricted.pdf-of her dismissal from the school on her own career and personal life. ./Wilson_E_-_S_of_S_decision_-_non_restricted.pdf- ./Wilson_E_-_S_of_S_decision_-_non_restricted.pdf-The panel also considered Miss Wilson’s lack of engagement with the process of -- ./Wilson_E_-_S_of_S_decision_-_non_restricted.pdf- statutory provisions. ./Wilson_E_-_S_of_S_decision_-_non_restricted.pdf-  Teachers must have proper and professional regard for the ethos, policies and ./Wilson_E_-_S_of_S_decision_-_non_restricted.pdf- practices of the school in which they teach. ./Wilson_E_-_S_of_S_decision_-_non_restricted.pdf-  Teachers must have an understanding of, and always act within, the statutory ./Wilson_E_-_S_of_S_decision_-_non_restricted.pdf- frameworks which set out their professional duties and responsibilities. ./Wilson_E_-_S_of_S_decision_-_non_restricted.pdf-The panel is satisfied that the conduct of Miss Wilson fell significantly short of the ./Wilson_E_-_S_of_S_decision_-_non_restricted.pdf-standards expected of the profession. ./Wilson_E_-_S_of_S_decision_-_non_restricted.pdf- ./Wilson_E_-_S_of_S_decision_-_non_restricted.pdf-The panel has also considered whether Miss Wilson’s conduct displayed behaviours ./Wilson_E_-_S_of_S_decision_-_non_restricted.pdf-associated with any of the offences listed on pages 8 and 9 of the Advice and the panel ./Wilson_E_-_S_of_S_decision_-_non_restricted.pdf:has found that the offences of serious dishonesty and sexual activity are relevant. ./Wilson_E_-_S_of_S_decision_-_non_restricted.pdf- ./Wilson_E_-_S_of_S_decision_-_non_restricted.pdf-These findings of misconduct are particularly serious as they include findings of both ./Wilson_E_-_S_of_S_decision_-_non_restricted.pdf:serious dishonesty and sexual misconduct. ./Wilson_E_-_S_of_S_decision_-_non_restricted.pdf- ./Wilson_E_-_S_of_S_decision_-_non_restricted.pdf-I have to determine whether the imposition of a prohibition order is proportionate and in ./Wilson_E_-_S_of_S_decision_-_non_restricted.pdf-the public interest. In considering that for this case I have considered the overall aim of a ./Wilson_E_-_S_of_S_decision_-_non_restricted.pdf-prohibition order which is to protect pupils and to maintain public confidence in the ./Wilson_E_-_S_of_S_decision_-_non_restricted.pdf-profession. I have considered the extent to which a prohibition order in this case would ./Wilson_E_-_S_of_S_decision_-_non_restricted.pdf-achieve that aim taking into account the impact that it will have on the individual teacher. ./Wilson_E_-_S_of_S_decision_-_non_restricted.pdf-I have also asked myself whether or not a less intrusive measure, such as the published ./Wilson_E_-_S_of_S_decision_-_non_restricted.pdf- ./Wilson_E_-_S_of_S_decision_-_non_restricted.pdf- 18 ./Wilson_E_-_S_of_S_decision_-_non_restricted.pdf- -- ./Wilson_E_-_S_of_S_decision_-_non_restricted.pdf-concerned with the impact of her dismissal from the school on her own career and ./Wilson_E_-_S_of_S_decision_-_non_restricted.pdf-personal life.” ./Wilson_E_-_S_of_S_decision_-_non_restricted.pdf- ./Wilson_E_-_S_of_S_decision_-_non_restricted.pdf-In my judgement the lack of insight means that there is some risk of the repetition of this ./Wilson_E_-_S_of_S_decision_-_non_restricted.pdf-behaviour and this risks future pupils’ well-being and safety. I have therefore given this ./Wilson_E_-_S_of_S_decision_-_non_restricted.pdf-element considerable weight in reaching my decision. ./Wilson_E_-_S_of_S_decision_-_non_restricted.pdf- ./Wilson_E_-_S_of_S_decision_-_non_restricted.pdf-I have gone on to consider the extent to which a prohibition order would maintain public ./Wilson_E_-_S_of_S_decision_-_non_restricted.pdf-confidence in the profession. The panel observe, “the conduct displayed would inevitably ./Wilson_E_-_S_of_S_decision_-_non_restricted.pdf-have a negative impact on the individual’s status as a teacher, potentially damaging the ./Wilson_E_-_S_of_S_decision_-_non_restricted.pdf:public perception.” I am particularly mindful of the findings of both dishonesty and sexual ./Wilson_E_-_S_of_S_decision_-_non_restricted.pdf-misconduct in this case and the impact that such a finding has on the reputation of the ./Wilson_E_-_S_of_S_decision_-_non_restricted.pdf-profession. ./Wilson_E_-_S_of_S_decision_-_non_restricted.pdf- ./Wilson_E_-_S_of_S_decision_-_non_restricted.pdf-I have had to consider that the public has a high expectation of professional standards of ./Wilson_E_-_S_of_S_decision_-_non_restricted.pdf-all teachers and that failure to impose a prohibition order might be regarded by the public ./Wilson_E_-_S_of_S_decision_-_non_restricted.pdf-as a failure to uphold those high standards. In weighing these considerations I have had ./Wilson_E_-_S_of_S_decision_-_non_restricted.pdf-to consider the matter from the point of view of an “ordinary intelligent and well-informed ./Wilson_E_-_S_of_S_decision_-_non_restricted.pdf-citizen.” ./Wilson_E_-_S_of_S_decision_-_non_restricted.pdf- ./Wilson_E_-_S_of_S_decision_-_non_restricted.pdf-I have considered whether the publication of a finding of unacceptable professional -- ./Wilson_E_-_S_of_S_decision_-_non_restricted.pdf-A prohibition order would prevent Miss Wilson from continuing her teaching work. A ./Wilson_E_-_S_of_S_decision_-_non_restricted.pdf-prohibition order would also clearly deprive the public of her contribution to the ./Wilson_E_-_S_of_S_decision_-_non_restricted.pdf-profession. ./Wilson_E_-_S_of_S_decision_-_non_restricted.pdf- ./Wilson_E_-_S_of_S_decision_-_non_restricted.pdf-In this case I have placed considerable weight on the panel’s comments concerning the ./Wilson_E_-_S_of_S_decision_-_non_restricted.pdf:lack of insight as well as the findings of dishonesty and sexual misconduct. ./Wilson_E_-_S_of_S_decision_-_non_restricted.pdf- ./Wilson_E_-_S_of_S_decision_-_non_restricted.pdf-I have given less weight in my consideration of sanction therefore, to the contribution that ./Wilson_E_-_S_of_S_decision_-_non_restricted.pdf-Miss Wilson has made and is making to the profession. In my view it is necessary to ./Wilson_E_-_S_of_S_decision_-_non_restricted.pdf-impose a prohibition order in order to maintain public confidence in the profession. A ./Wilson_E_-_S_of_S_decision_-_non_restricted.pdf-published decision that is not backed up by insight does not in my view satisfy the public ./Wilson_E_-_S_of_S_decision_-_non_restricted.pdf-interest requirement concerning public confidence in the profession. ./Wilson_E_-_S_of_S_decision_-_non_restricted.pdf- ./Wilson_E_-_S_of_S_decision_-_non_restricted.pdf-For these reasons I have concluded that a prohibition order is proportionate and in the ./Wilson_E_-_S_of_S_decision_-_non_restricted.pdf-public interest in order to achieve the aims which a prohibition order is intended to ./Wilson_E_-_S_of_S_decision_-_non_restricted.pdf-achieve. ./Wilson_E_-_S_of_S_decision_-_non_restricted.pdf- ./Wilson_E_-_S_of_S_decision_-_non_restricted.pdf-I have gone on to consider the matter of a review period. In this case the panel has ./Wilson_E_-_S_of_S_decision_-_non_restricted.pdf-recommended that there should be no review period. ./Wilson_E_-_S_of_S_decision_-_non_restricted.pdf- ./Wilson_E_-_S_of_S_decision_-_non_restricted.pdf-I have considered the panel’s comments “there are behaviours that, if proven, would ./Wilson_E_-_S_of_S_decision_-_non_restricted.pdf-militate against a review period being recommended. These behaviours include serious ./Wilson_E_-_S_of_S_decision_-_non_restricted.pdf:dishonesty and serious sexual misconduct. The panel has found that Miss Wilson ./Wilson_E_-_S_of_S_decision_-_non_restricted.pdf:engaged in sexual activity with Pupil A on one occasion, including oral sex and sexual ./Wilson_E_-_S_of_S_decision_-_non_restricted.pdf-intercourse. Additionally the panel has found that Miss Wilson encouraged Pupil A to hide ./Wilson_E_-_S_of_S_decision_-_non_restricted.pdf-their relationship and lied about it herself when an investigation into the allegations was ./Wilson_E_-_S_of_S_decision_-_non_restricted.pdf-undertaken by the school.” ./Wilson_E_-_S_of_S_decision_-_non_restricted.pdf- ./Wilson_E_-_S_of_S_decision_-_non_restricted.pdf-I have considered whether allowing for no review period reflects the seriousness of the ./Wilson_E_-_S_of_S_decision_-_non_restricted.pdf-findings and is a proportionate period to achieve the aim of maintaining public confidence ./Wilson_E_-_S_of_S_decision_-_non_restricted.pdf-in the profession. In this case, there are three factors that in my view mean that a no ./Wilson_E_-_S_of_S_decision_-_non_restricted.pdf-review period is proportionate and in the public interest, maintaining public confidence in ./Wilson_E_-_S_of_S_decision_-_non_restricted.pdf:the profession. These elements are the dishonesty found, the sexual misconduct found ./Wilson_E_-_S_of_S_decision_-_non_restricted.pdf-and the lack of insight. ./Wilson_E_-_S_of_S_decision_-_non_restricted.pdf- ./Wilson_E_-_S_of_S_decision_-_non_restricted.pdf-I consider therefore that a prohibition order with no review period is required to satisfy the ./Wilson_E_-_S_of_S_decision_-_non_restricted.pdf-maintenance of public confidence in the profession. ./Wilson_E_-_S_of_S_decision_-_non_restricted.pdf- ./Wilson_E_-_S_of_S_decision_-_non_restricted.pdf-This means that Miss Eleanor Wilson is prohibited from teaching indefinitely and ./Wilson_E_-_S_of_S_decision_-_non_restricted.pdf-cannot teach in any school, sixth form college, relevant youth accommodation or ./Wilson_E_-_S_of_S_decision_-_non_restricted.pdf-children’s home in England. Furthermore, in view of the seriousness of the allegations ./Wilson_E_-_S_of_S_decision_-_non_restricted.pdf-found proved against her, I have decided that Miss Eleanor Wilson shall not be entitled to ./Wilson_E_-_S_of_S_decision_-_non_restricted.pdf-apply for restoration of her eligibility to teach. ./Wilson_James_Andrew_Christopher_-_Web_Decision_-_6771545.pdf- a. Pupil A ./Wilson_James_Andrew_Christopher_-_Web_Decision_-_6771545.pdf- ./Wilson_James_Andrew_Christopher_-_Web_Decision_-_6771545.pdf- b. Pupil B ./Wilson_James_Andrew_Christopher_-_Web_Decision_-_6771545.pdf- ./Wilson_James_Andrew_Christopher_-_Web_Decision_-_6771545.pdf- c. Pupil C ./Wilson_James_Andrew_Christopher_-_Web_Decision_-_6771545.pdf- ./Wilson_James_Andrew_Christopher_-_Web_Decision_-_6771545.pdf- d. Pupil D ./Wilson_James_Andrew_Christopher_-_Web_Decision_-_6771545.pdf- ./Wilson_James_Andrew_Christopher_-_Web_Decision_-_6771545.pdf- e. Pupil E ./Wilson_James_Andrew_Christopher_-_Web_Decision_-_6771545.pdf- ./Wilson_James_Andrew_Christopher_-_Web_Decision_-_6771545.pdf: 2. and in doing so his behaviour was sexually motivated. ./Wilson_James_Andrew_Christopher_-_Web_Decision_-_6771545.pdf- ./Wilson_James_Andrew_Christopher_-_Web_Decision_-_6771545.pdf-The allegations were not admitted by Mr Wilson. ./Wilson_James_Andrew_Christopher_-_Web_Decision_-_6771545.pdf- ./Wilson_James_Andrew_Christopher_-_Web_Decision_-_6771545.pdf- ./Wilson_James_Andrew_Christopher_-_Web_Decision_-_6771545.pdf-C. Preliminary applications ./Wilson_James_Andrew_Christopher_-_Web_Decision_-_6771545.pdf-Proceeding in absence ./Wilson_James_Andrew_Christopher_-_Web_Decision_-_6771545.pdf- ./Wilson_James_Andrew_Christopher_-_Web_Decision_-_6771545.pdf-The panel considered an application to proceed with the hearing in Mr Wilson’s absence. ./Wilson_James_Andrew_Christopher_-_Web_Decision_-_6771545.pdf-The panel was satisfied that a valid notice of proceedings had been sent to him, ./Wilson_James_Andrew_Christopher_-_Web_Decision_-_6771545.pdf-containing the necessary details set out in paragraph 4.12 of the “Teacher Misconduct – -- ./Wilson_James_Andrew_Christopher_-_Web_Decision_-_6771545.pdf-all, (except for Pupils D and E who are brothers), and that they independently put forward ./Wilson_James_Andrew_Christopher_-_Web_Decision_-_6771545.pdf-descriptions of events that were similar. In particular, whilst Pupil A had contacted a ./Wilson_James_Andrew_Christopher_-_Web_Decision_-_6771545.pdf-number of other former pupils in order to gather further evidence for the purposes of the ./Wilson_James_Andrew_Christopher_-_Web_Decision_-_6771545.pdf-criminal trial, Pupils B to E were not amongst those contacted. There was also no ./Wilson_James_Andrew_Christopher_-_Web_Decision_-_6771545.pdf-evidence that the witnesses were motivated by the prospects of compensation as a result ./Wilson_James_Andrew_Christopher_-_Web_Decision_-_6771545.pdf-of Mr Wilson’s actions. ./Wilson_James_Andrew_Christopher_-_Web_Decision_-_6771545.pdf- ./Wilson_James_Andrew_Christopher_-_Web_Decision_-_6771545.pdf-The panel considered that the term “inappropriate touching” should have its basic English ./Wilson_James_Andrew_Christopher_-_Web_Decision_-_6771545.pdf-meaning. Inappropriate touching would include that which was intentional, was not ./Wilson_James_Andrew_Christopher_-_Web_Decision_-_6771545.pdf-necessary and/or in an area of the body which ordinary people would consider private ./Wilson_James_Andrew_Christopher_-_Web_Decision_-_6771545.pdf:and/or related to sexual matters. Whether or not the touching was deemed to be ./Wilson_James_Andrew_Christopher_-_Web_Decision_-_6771545.pdf-inappropriate by the pupil was considered by the panel to be irrelevant. The panel was ./Wilson_James_Andrew_Christopher_-_Web_Decision_-_6771545.pdf-mindful of the fact that the allegations related to the 1970s and 80s when society’s ./Wilson_James_Andrew_Christopher_-_Web_Decision_-_6771545.pdf-attitudes in general may have been different. However, the panel considered that the ./Wilson_James_Andrew_Christopher_-_Web_Decision_-_6771545.pdf-type of touching in the allegations would have been inappropriate at any time. ./Wilson_James_Andrew_Christopher_-_Web_Decision_-_6771545.pdf- ./Wilson_James_Andrew_Christopher_-_Web_Decision_-_6771545.pdf-In respect of the individual allegations against each pupil, the panel found as follows: ./Wilson_James_Andrew_Christopher_-_Web_Decision_-_6771545.pdf- ./Wilson_James_Andrew_Christopher_-_Web_Decision_-_6771545.pdf- (a) Pupil A ./Wilson_James_Andrew_Christopher_-_Web_Decision_-_6771545.pdf-Pupil A’s evidence was that she had felt Mr Wilson’s hand touch the inside of her legs ./Wilson_James_Andrew_Christopher_-_Web_Decision_-_6771545.pdf-from the back, then felt his hand move up to her crotch area, where there was digital -- ./Wilson_James_Andrew_Christopher_-_Web_Decision_-_6771545.pdf-this was carried out by Mr Wilson and that this amounted to inappropriate touching. ./Wilson_James_Andrew_Christopher_-_Web_Decision_-_6771545.pdf- ./Wilson_James_Andrew_Christopher_-_Web_Decision_-_6771545.pdf-Consideration of evidence collectively ./Wilson_James_Andrew_Christopher_-_Web_Decision_-_6771545.pdf- ./Wilson_James_Andrew_Christopher_-_Web_Decision_-_6771545.pdf-The panel found the allegations in respect of each pupil proven, and also considered that ./Wilson_James_Andrew_Christopher_-_Web_Decision_-_6771545.pdf-the evidence of all five pupils collectively demonstrated significant consistency in their ./Wilson_James_Andrew_Christopher_-_Web_Decision_-_6771545.pdf-accounts of the events, particularly the similarities in the descriptions and circumstances ./Wilson_James_Andrew_Christopher_-_Web_Decision_-_6771545.pdf-of the touching. Taken together, these are mutually supportive and add significant weight ./Wilson_James_Andrew_Christopher_-_Web_Decision_-_6771545.pdf-to the panel’s findings that Mr Wilson did touch pupils in an inappropriate way. ./Wilson_James_Andrew_Christopher_-_Web_Decision_-_6771545.pdf- ./Wilson_James_Andrew_Christopher_-_Web_Decision_-_6771545.pdf:2. The conduct at allegation 1 was sexually motivated ./Wilson_James_Andrew_Christopher_-_Web_Decision_-_6771545.pdf- ./Wilson_James_Andrew_Christopher_-_Web_Decision_-_6771545.pdf-The panel applied the two-stage test of firstly considering whether a reasonable person ./Wilson_James_Andrew_Christopher_-_Web_Decision_-_6771545.pdf:would think the actions found proven could be sexual (ie, objectively), and if so, whether ./Wilson_James_Andrew_Christopher_-_Web_Decision_-_6771545.pdf-in all the circumstances of the conduct in the case, the teacher’s purpose in carrying out ./Wilson_James_Andrew_Christopher_-_Web_Decision_-_6771545.pdf:such actions was sexual (ie, subjectively). ./Wilson_James_Andrew_Christopher_-_Web_Decision_-_6771545.pdf- ./Wilson_James_Andrew_Christopher_-_Web_Decision_-_6771545.pdf-The panel was of the view that all of the acts found proven were to parts of the body that ./Wilson_James_Andrew_Christopher_-_Web_Decision_-_6771545.pdf-were normally considered to be private and sensitive. Whilst the panel could conceive of ./Wilson_James_Andrew_Christopher_-_Web_Decision_-_6771545.pdf:circumstances where touching of such areas could be non-sexual, for example genuinely ./Wilson_James_Andrew_Christopher_-_Web_Decision_-_6771545.pdf-accidental touching, the panel considered that a reasonable person would have found the ./Wilson_James_Andrew_Christopher_-_Web_Decision_-_6771545.pdf:prolonged, intentional and repeated touching by Mr Wilson in these cases to be sexual in ./Wilson_James_Andrew_Christopher_-_Web_Decision_-_6771545.pdf-nature. ./Wilson_James_Andrew_Christopher_-_Web_Decision_-_6771545.pdf- ./Wilson_James_Andrew_Christopher_-_Web_Decision_-_6771545.pdf-In terms of the second limb of the test, the panel was satisfied that Mr Wilson’s purpose ./Wilson_James_Andrew_Christopher_-_Web_Decision_-_6771545.pdf:in carrying out his actions was sexual. Whilst the panel considered Mr Wilson’s ./Wilson_James_Andrew_Christopher_-_Web_Decision_-_6771545.pdf-acceptance in the criminal proceedings that he might have made friendly or reassuring ./Wilson_James_Andrew_Christopher_-_Web_Decision_-_6771545.pdf-contact with pupils, it was of the view that the acts found proven went well beyond any ./Wilson_James_Andrew_Christopher_-_Web_Decision_-_6771545.pdf:ordinarily explicable contact and his motivation can only have been sexual. ./Wilson_James_Andrew_Christopher_-_Web_Decision_-_6771545.pdf- ./Wilson_James_Andrew_Christopher_-_Web_Decision_-_6771545.pdf-Findings as to unacceptable professional conduct ./Wilson_James_Andrew_Christopher_-_Web_Decision_-_6771545.pdf-Having found the particulars of allegations 1 and 2 proven, the panel was satisfied that ./Wilson_James_Andrew_Christopher_-_Web_Decision_-_6771545.pdf-the conduct of Mr Wilson amounted to unacceptable professional conduct. ./Wilson_James_Andrew_Christopher_-_Web_Decision_-_6771545.pdf- ./Wilson_James_Andrew_Christopher_-_Web_Decision_-_6771545.pdf-In considering the allegations that the panel has found proven, the panel drew on its own ./Wilson_James_Andrew_Christopher_-_Web_Decision_-_6771545.pdf-experience and has had regard to the definitions in the Teacher Misconduct – Prohibition ./Wilson_James_Andrew_Christopher_-_Web_Decision_-_6771545.pdf-of Teachers Advice (the “guidance”). In particular, given the serious and repeated nature ./Wilson_James_Andrew_Christopher_-_Web_Decision_-_6771545.pdf- ./Wilson_James_Andrew_Christopher_-_Web_Decision_-_6771545.pdf- 11 -- ./Wilson_James_Andrew_Christopher_-_Web_Decision_-_6771545.pdf-of Mr Wilson’s conduct against very young children, the panel was satisfied that Mr ./Wilson_James_Andrew_Christopher_-_Web_Decision_-_6771545.pdf-Wilson’s behaviour amounted to misconduct of a serious nature, falling significantly short ./Wilson_James_Andrew_Christopher_-_Web_Decision_-_6771545.pdf-of the standard of behaviour expected of a teacher. ./Wilson_James_Andrew_Christopher_-_Web_Decision_-_6771545.pdf- ./Wilson_James_Andrew_Christopher_-_Web_Decision_-_6771545.pdf-In addition, the panel considered whether Mr Wilson’s conduct displayed behaviours ./Wilson_James_Andrew_Christopher_-_Web_Decision_-_6771545.pdf-associated with any of the offences listed on pages 8 and 9 of the guidance of which he ./Wilson_James_Andrew_Christopher_-_Web_Decision_-_6771545.pdf-has not been convicted. The panel found that behaviours associated with offences ./Wilson_James_Andrew_Christopher_-_Web_Decision_-_6771545.pdf:relating to sexual activity were involved and the guidance indicated that in such cases ./Wilson_James_Andrew_Christopher_-_Web_Decision_-_6771545.pdf-panels were likely to conclude that an individual’s conduct would amount to unacceptable ./Wilson_James_Andrew_Christopher_-_Web_Decision_-_6771545.pdf-professional conduct. In this case, the panel saw no reason to depart from that general ./Wilson_James_Andrew_Christopher_-_Web_Decision_-_6771545.pdf-position. ./Wilson_James_Andrew_Christopher_-_Web_Decision_-_6771545.pdf- ./Wilson_James_Andrew_Christopher_-_Web_Decision_-_6771545.pdf-Further, the panel considered that the facts found proven demonstrated a significant ./Wilson_James_Andrew_Christopher_-_Web_Decision_-_6771545.pdf-breach of trust by Mr Wilson and a very serious abuse of his position as a teacher. These ./Wilson_James_Andrew_Christopher_-_Web_Decision_-_6771545.pdf-pupils were particularly vulnerable by virtue of their young age, and would have been less ./Wilson_James_Andrew_Christopher_-_Web_Decision_-_6771545.pdf-able to understand and articulate the significance of the events. ./Wilson_James_Andrew_Christopher_-_Web_Decision_-_6771545.pdf- ./Wilson_James_Andrew_Christopher_-_Web_Decision_-_6771545.pdf-Accordingly, the panel was satisfied that Mr Wilson was guilty of unacceptable -- ./Wilson_James_Andrew_Christopher_-_Web_Decision_-_6771545.pdf-such behaviours, the panel found the following relevant to this case: ./Wilson_James_Andrew_Christopher_-_Web_Decision_-_6771545.pdf- ./Wilson_James_Andrew_Christopher_-_Web_Decision_-_6771545.pdf-  serious departure from the personal and professional conduct elements of the ./Wilson_James_Andrew_Christopher_-_Web_Decision_-_6771545.pdf- Teachers’ Standards; ./Wilson_James_Andrew_Christopher_-_Web_Decision_-_6771545.pdf-  misconduct seriously affecting the education and/or well-being of pupils, ./Wilson_James_Andrew_Christopher_-_Web_Decision_-_6771545.pdf-  a deep-seated attitude that leads to harmful behaviour; ./Wilson_James_Andrew_Christopher_-_Web_Decision_-_6771545.pdf-  abuse of position or trust (particularly involving vulnerable pupils) or violation of the ./Wilson_James_Andrew_Christopher_-_Web_Decision_-_6771545.pdf- rights of pupils; ./Wilson_James_Andrew_Christopher_-_Web_Decision_-_6771545.pdf-  other deliberate behaviour that undermines pupils, the profession, the school or ./Wilson_James_Andrew_Christopher_-_Web_Decision_-_6771545.pdf- colleagues; and ./Wilson_James_Andrew_Christopher_-_Web_Decision_-_6771545.pdf:  sexual misconduct, eg involving actions that were sexually motivated or of a ./Wilson_James_Andrew_Christopher_-_Web_Decision_-_6771545.pdf: sexual nature and/or that use or exploit the trust, knowledge or influence derived ./Wilson_James_Andrew_Christopher_-_Web_Decision_-_6771545.pdf- from the individual’s professional position. ./Wilson_James_Andrew_Christopher_-_Web_Decision_-_6771545.pdf-Even though there were numerous behaviours that pointed to a prohibition order being ./Wilson_James_Andrew_Christopher_-_Web_Decision_-_6771545.pdf-appropriate, the panel went on to consider whether or not there were sufficient mitigating ./Wilson_James_Andrew_Christopher_-_Web_Decision_-_6771545.pdf-factors to militate against a prohibition order being an appropriate and proportionate ./Wilson_James_Andrew_Christopher_-_Web_Decision_-_6771545.pdf-measure to impose, particularly taking into account the nature and severity of the ./Wilson_James_Andrew_Christopher_-_Web_Decision_-_6771545.pdf-behaviour in this case. The panel found that: ./Wilson_James_Andrew_Christopher_-_Web_Decision_-_6771545.pdf- ./Wilson_James_Andrew_Christopher_-_Web_Decision_-_6771545.pdf-  There was no evidence to suggest that Mr Wilson was acting under duress, ./Wilson_James_Andrew_Christopher_-_Web_Decision_-_6771545.pdf: and in fact the panel found the teacher’s actions to be calculated and sexually ./Wilson_James_Andrew_Christopher_-_Web_Decision_-_6771545.pdf- motivated; ./Wilson_James_Andrew_Christopher_-_Web_Decision_-_6771545.pdf-  There was no evidence of any insight on the part of Mr Wilson into his actions ./Wilson_James_Andrew_Christopher_-_Web_Decision_-_6771545.pdf- nor of any remorse; ./Wilson_James_Andrew_Christopher_-_Web_Decision_-_6771545.pdf-  There was strong support for Mr Wilson during his criminal trial and a number ./Wilson_James_Andrew_Christopher_-_Web_Decision_-_6771545.pdf- of people attested to his good character. ./Wilson_James_Andrew_Christopher_-_Web_Decision_-_6771545.pdf- ./Wilson_James_Andrew_Christopher_-_Web_Decision_-_6771545.pdf- 13 ./Wilson_James_Andrew_Christopher_-_Web_Decision_-_6771545.pdf- -- ./Wilson_James_Andrew_Christopher_-_Web_Decision_-_6771545.pdf-The panel went on to consider whether or not it would be appropriate to recommend that ./Wilson_James_Andrew_Christopher_-_Web_Decision_-_6771545.pdf-a review period of the order should be considered. The panel was mindful that the ./Wilson_James_Andrew_Christopher_-_Web_Decision_-_6771545.pdf-guidance advised that a prohibition order applies for life, but there might be ./Wilson_James_Andrew_Christopher_-_Web_Decision_-_6771545.pdf-circumstances in any given case that might make it appropriate to allow a teacher to ./Wilson_James_Andrew_Christopher_-_Web_Decision_-_6771545.pdf-apply to have the prohibition order reviewed after a specified period of time that may not ./Wilson_James_Andrew_Christopher_-_Web_Decision_-_6771545.pdf-be less than two years. ./Wilson_James_Andrew_Christopher_-_Web_Decision_-_6771545.pdf- ./Wilson_James_Andrew_Christopher_-_Web_Decision_-_6771545.pdf-The panel noted page 11 of the guidance which indicated that the panel should consider ./Wilson_James_Andrew_Christopher_-_Web_Decision_-_6771545.pdf-recommending to the Secretary of State that a prohibition order is to be imposed with no ./Wilson_James_Andrew_Christopher_-_Web_Decision_-_6771545.pdf-provision for the teacher to apply for it to be set aside after any period of time where the ./Wilson_James_Andrew_Christopher_-_Web_Decision_-_6771545.pdf:case involved serious sexual misconduct, ie, where the act was sexually motivated and ./Wilson_James_Andrew_Christopher_-_Web_Decision_-_6771545.pdf-resulted in or had the potential to result in, harm to a person or persons, particularly ./Wilson_James_Andrew_Christopher_-_Web_Decision_-_6771545.pdf-where the individual has used their professional position to influence or exploit a person ./Wilson_James_Andrew_Christopher_-_Web_Decision_-_6771545.pdf-or persons. Mr Wilson’s case clearly fell into that category and the panel saw no reason ./Wilson_James_Andrew_Christopher_-_Web_Decision_-_6771545.pdf-to depart from that position. ./Wilson_James_Andrew_Christopher_-_Web_Decision_-_6771545.pdf- ./Wilson_James_Andrew_Christopher_-_Web_Decision_-_6771545.pdf-Overall, the panel felt the findings indicated a situation in which a review period would not ./Wilson_James_Andrew_Christopher_-_Web_Decision_-_6771545.pdf-be appropriate and as such decided that it would be proportionate in all the ./Wilson_James_Andrew_Christopher_-_Web_Decision_-_6771545.pdf-circumstances for the prohibition order to be recommended without provision for a review ./Wilson_James_Andrew_Christopher_-_Web_Decision_-_6771545.pdf-period. ./Wilson_James_Andrew_Christopher_-_Web_Decision_-_6771545.pdf- -- ./Wilson_James_Andrew_Christopher_-_Web_Decision_-_6771545.pdf- ./Wilson_James_Andrew_Christopher_-_Web_Decision_-_6771545.pdf-This is a very serious case in which the panel has paid very careful attention to the ./Wilson_James_Andrew_Christopher_-_Web_Decision_-_6771545.pdf-evidence of a range of witnesses. The allegations were very serious ones and the panel’s ./Wilson_James_Andrew_Christopher_-_Web_Decision_-_6771545.pdf-findings of fact are clear. ./Wilson_James_Andrew_Christopher_-_Web_Decision_-_6771545.pdf- ./Wilson_James_Andrew_Christopher_-_Web_Decision_-_6771545.pdf-In this case it is very clear that the serious and repeated nature of Mr Wilson’s conduct ./Wilson_James_Andrew_Christopher_-_Web_Decision_-_6771545.pdf-against very young children amounted to misconduct of a serious nature, falling ./Wilson_James_Andrew_Christopher_-_Web_Decision_-_6771545.pdf-significantly short of the standard of behaviour expected of a teacher. ./Wilson_James_Andrew_Christopher_-_Web_Decision_-_6771545.pdf- ./Wilson_James_Andrew_Christopher_-_Web_Decision_-_6771545.pdf-In addition, the panel has found that behaviours associated with offences relating to ./Wilson_James_Andrew_Christopher_-_Web_Decision_-_6771545.pdf:sexual activity were involved. This case therefore involves a significant breach of trust by ./Wilson_James_Andrew_Christopher_-_Web_Decision_-_6771545.pdf-Mr Wilson and a very serious abuse of his position as a teacher. The pupils were ./Wilson_James_Andrew_Christopher_-_Web_Decision_-_6771545.pdf-particularly vulnerable by virtue of their young age, and would have been less able to ./Wilson_James_Andrew_Christopher_-_Web_Decision_-_6771545.pdf-understand and articulate the significance of the events. ./Wilson_James_Andrew_Christopher_-_Web_Decision_-_6771545.pdf- ./Wilson_James_Andrew_Christopher_-_Web_Decision_-_6771545.pdf-I have also considered carefully the behaviours that the panel found relevant to this case: ./Wilson_James_Andrew_Christopher_-_Web_Decision_-_6771545.pdf- ./Wilson_James_Andrew_Christopher_-_Web_Decision_-_6771545.pdf-  serious departure from the personal and professional conduct elements of the ./Wilson_James_Andrew_Christopher_-_Web_Decision_-_6771545.pdf- Teachers’ Standards; ./Wilson_James_Andrew_Christopher_-_Web_Decision_-_6771545.pdf-  misconduct seriously affecting the education and/or well-being of pupils; ./Wilson_James_Andrew_Christopher_-_Web_Decision_-_6771545.pdf-  a deep-seated attitude that leads to harmful behaviour; ./Wilson_James_Andrew_Christopher_-_Web_Decision_-_6771545.pdf-  abuse of position or trust (particularly involving vulnerable pupils) or violation of the ./Wilson_James_Andrew_Christopher_-_Web_Decision_-_6771545.pdf- rights of pupils; ./Wilson_James_Andrew_Christopher_-_Web_Decision_-_6771545.pdf-  other deliberate behaviour that undermines pupils, the profession, the school or ./Wilson_James_Andrew_Christopher_-_Web_Decision_-_6771545.pdf- colleagues; and ./Wilson_James_Andrew_Christopher_-_Web_Decision_-_6771545.pdf:  sexual misconduct, eg involving actions that were sexually motivated or of a ./Wilson_James_Andrew_Christopher_-_Web_Decision_-_6771545.pdf: sexual nature and/or that use or exploit the trust, knowledge or influence derived ./Wilson_James_Andrew_Christopher_-_Web_Decision_-_6771545.pdf- from the individual’s professional position. ./Wilson_James_Andrew_Christopher_-_Web_Decision_-_6771545.pdf-In my view these are very serious matters. I have taken into account the need to balance ./Wilson_James_Andrew_Christopher_-_Web_Decision_-_6771545.pdf-the public interest with the interests of Mr Wilson. I have also taken into account the need ./Wilson_James_Andrew_Christopher_-_Web_Decision_-_6771545.pdf-to be proportionate. I accept the recommendation of the panel regarding sanction. ./Wilson_James_Andrew_Christopher_-_Web_Decision_-_6771545.pdf- ./Wilson_James_Andrew_Christopher_-_Web_Decision_-_6771545.pdf-I have also considered the advice of the panel regarding a review period. ./Wilson_James_Andrew_Christopher_-_Web_Decision_-_6771545.pdf- ./Wilson_James_Andrew_Christopher_-_Web_Decision_-_6771545.pdf:This case involved serious sexual misconduct, and the panel has seen no reason to ./Wilson_James_Andrew_Christopher_-_Web_Decision_-_6771545.pdf-depart from position recommended that there should be no review period. ./Wilson_James_Andrew_Christopher_-_Web_Decision_-_6771545.pdf- ./Wilson_James_Andrew_Christopher_-_Web_Decision_-_6771545.pdf-I also support the panel and have decided that it is proportionate in all the circumstances ./Wilson_James_Andrew_Christopher_-_Web_Decision_-_6771545.pdf-for the prohibition order to be without provision for a review period. ./Wilson_James_Andrew_Christopher_-_Web_Decision_-_6771545.pdf- ./Wilson_James_Andrew_Christopher_-_Web_Decision_-_6771545.pdf- ./Wilson_James_Andrew_Christopher_-_Web_Decision_-_6771545.pdf- 15 ./Wilson_James_Andrew_Christopher_-_Web_Decision_-_6771545.pdf- ./Woodhouse__Michael_-_Web_Decision_-_0152971_-_6_May_2015.pdf- e. met with Pupil A outside of school hours, ./Woodhouse__Michael_-_Web_Decision_-_0152971_-_6_May_2015.pdf- ./Woodhouse__Michael_-_Web_Decision_-_0152971_-_6_May_2015.pdf- f. sent flowers to Pupil A, ./Woodhouse__Michael_-_Web_Decision_-_0152971_-_6_May_2015.pdf- ./Woodhouse__Michael_-_Web_Decision_-_0152971_-_6_May_2015.pdf- g. invited Pupil A into his house, ./Woodhouse__Michael_-_Web_Decision_-_0152971_-_6_May_2015.pdf- ./Woodhouse__Michael_-_Web_Decision_-_0152971_-_6_May_2015.pdf- h. allowed Pupil A to stay at his house overnight and/or in his bed, ./Woodhouse__Michael_-_Web_Decision_-_0152971_-_6_May_2015.pdf- ./Woodhouse__Michael_-_Web_Decision_-_0152971_-_6_May_2015.pdf- i. kissed Pupil A on one or more occasions, ./Woodhouse__Michael_-_Web_Decision_-_0152971_-_6_May_2015.pdf- ./Woodhouse__Michael_-_Web_Decision_-_0152971_-_6_May_2015.pdf: j. engaged in sexual activity with Pupil A, on one or more occasions ./Woodhouse__Michael_-_Web_Decision_-_0152971_-_6_May_2015.pdf- including:- ./Woodhouse__Michael_-_Web_Decision_-_0152971_-_6_May_2015.pdf- ./Woodhouse__Michael_-_Web_Decision_-_0152971_-_6_May_2015.pdf: i. had sexual intercourse with Pupil A on a date unknown before 7 ./Woodhouse__Michael_-_Web_Decision_-_0152971_-_6_May_2015.pdf- January 2005 when she was still a pupil at Hagley Park High School, ./Woodhouse__Michael_-_Web_Decision_-_0152971_-_6_May_2015.pdf- ./Woodhouse__Michael_-_Web_Decision_-_0152971_-_6_May_2015.pdf: ii. had sexual intercourse with Pupil A at his house in [redacted] on a ./Woodhouse__Michael_-_Web_Decision_-_0152971_-_6_May_2015.pdf- Sunday afternoon on a date unknown but when she was still a pupil at ./Woodhouse__Michael_-_Web_Decision_-_0152971_-_6_May_2015.pdf- Hagley Park High School on an occasion when Pupil A’s father had ./Woodhouse__Michael_-_Web_Decision_-_0152971_-_6_May_2015.pdf- dropped her at his house, ./Woodhouse__Michael_-_Web_Decision_-_0152971_-_6_May_2015.pdf- ./Woodhouse__Michael_-_Web_Decision_-_0152971_-_6_May_2015.pdf- iii. on a date unknown:- ./Woodhouse__Michael_-_Web_Decision_-_0152971_-_6_May_2015.pdf- ./Woodhouse__Michael_-_Web_Decision_-_0152971_-_6_May_2015.pdf- 1. allowed Pupil A to masturbate him in his car, ./Woodhouse__Michael_-_Web_Decision_-_0152971_-_6_May_2015.pdf- ./Woodhouse__Michael_-_Web_Decision_-_0152971_-_6_May_2015.pdf: 2. performed oral sex on Pupil A; ./Woodhouse__Michael_-_Web_Decision_-_0152971_-_6_May_2015.pdf- ./Woodhouse__Michael_-_Web_Decision_-_0152971_-_6_May_2015.pdf- ./Woodhouse__Michael_-_Web_Decision_-_0152971_-_6_May_2015.pdf- 4 ./Woodhouse__Michael_-_Web_Decision_-_0152971_-_6_May_2015.pdf- -- ./Woodhouse__Michael_-_Web_Decision_-_0152971_-_6_May_2015.pdf- i. ‘I love you’, ./Woodhouse__Michael_-_Web_Decision_-_0152971_-_6_May_2015.pdf- ./Woodhouse__Michael_-_Web_Decision_-_0152971_-_6_May_2015.pdf- ii. ‘you are the most special person I have ever been with’, ./Woodhouse__Michael_-_Web_Decision_-_0152971_-_6_May_2015.pdf- ./Woodhouse__Michael_-_Web_Decision_-_0152971_-_6_May_2015.pdf- iii. ‘you’re so gorgeous and beautiful’, ./Woodhouse__Michael_-_Web_Decision_-_0152971_-_6_May_2015.pdf- ./Woodhouse__Michael_-_Web_Decision_-_0152971_-_6_May_2015.pdf- iv. ‘I can’t wait to spend the rest of my life with you’. ./Woodhouse__Michael_-_Web_Decision_-_0152971_-_6_May_2015.pdf- ./Woodhouse__Michael_-_Web_Decision_-_0152971_-_6_May_2015.pdf- v. ‘I want you so much’; ./Woodhouse__Michael_-_Web_Decision_-_0152971_-_6_May_2015.pdf- ./Woodhouse__Michael_-_Web_Decision_-_0152971_-_6_May_2015.pdf:3. His conduct described at paragraphs 1 and 2 above was sexually motivated; ./Woodhouse__Michael_-_Web_Decision_-_0152971_-_6_May_2015.pdf- ./Woodhouse__Michael_-_Web_Decision_-_0152971_-_6_May_2015.pdf-4. He allowed Pupil B and/or Pupil C to stay overnight at his house. ./Woodhouse__Michael_-_Web_Decision_-_0152971_-_6_May_2015.pdf- ./Woodhouse__Michael_-_Web_Decision_-_0152971_-_6_May_2015.pdf-Mr Woodhouse indicated in his Response to the Notice of Proceedings that he did not ./Woodhouse__Michael_-_Web_Decision_-_0152971_-_6_May_2015.pdf-admit the allegations. ./Woodhouse__Michael_-_Web_Decision_-_0152971_-_6_May_2015.pdf- ./Woodhouse__Michael_-_Web_Decision_-_0152971_-_6_May_2015.pdf- ./Woodhouse__Michael_-_Web_Decision_-_0152971_-_6_May_2015.pdf-C. Preliminary applications ./Woodhouse__Michael_-_Web_Decision_-_0152971_-_6_May_2015.pdf-In the absence of Mr Woodhouse who failed to attend the hearing the presenting officer ./Woodhouse__Michael_-_Web_Decision_-_0152971_-_6_May_2015.pdf-applied for the case to proceed. The panel was satisfied that the notice of proceedings in -- ./Woodhouse__Michael_-_Web_Decision_-_0152971_-_6_May_2015.pdf-messages. He met her on a number of occasions and [redacted]. In the course of the ./Woodhouse__Michael_-_Web_Decision_-_0152971_-_6_May_2015.pdf:relationship it is alleged that Pupil A stayed at Mr Woodhouse’s home and sexual activity ./Woodhouse__Michael_-_Web_Decision_-_0152971_-_6_May_2015.pdf:took place including full sexual intercourse on more than one occasion. It is further ./Woodhouse__Michael_-_Web_Decision_-_0152971_-_6_May_2015.pdf-alleged that Mr Woodhouse also allowed two male pupils at the school, [redacted] to stay ./Woodhouse__Michael_-_Web_Decision_-_0152971_-_6_May_2015.pdf-overnight at his home. ./Woodhouse__Michael_-_Web_Decision_-_0152971_-_6_May_2015.pdf- ./Woodhouse__Michael_-_Web_Decision_-_0152971_-_6_May_2015.pdf-Around April 2005 Mr Woodhouse left Hagley Park High School but the relationship with ./Woodhouse__Michael_-_Web_Decision_-_0152971_-_6_May_2015.pdf-Pupil A continued for several months thereafter. The case papers contain copies of ./Woodhouse__Michael_-_Web_Decision_-_0152971_-_6_May_2015.pdf-various communications sent by Mr Woodhouse to Pupil A, in and around August 2005, ./Woodhouse__Michael_-_Web_Decision_-_0152971_-_6_May_2015.pdf-expressing his feelings for her and indicating that he loved her. ./Woodhouse__Michael_-_Web_Decision_-_0152971_-_6_May_2015.pdf- ./Woodhouse__Michael_-_Web_Decision_-_0152971_-_6_May_2015.pdf-It is specifically alleged by the National College that Mr Woodhouse’s conduct towards ./Woodhouse__Michael_-_Web_Decision_-_0152971_-_6_May_2015.pdf:Pupil A was sexually motivated. ./Woodhouse__Michael_-_Web_Decision_-_0152971_-_6_May_2015.pdf- ./Woodhouse__Michael_-_Web_Decision_-_0152971_-_6_May_2015.pdf-The case papers indicate that Mr Woodhouse accepts many of the specific allegations ./Woodhouse__Michael_-_Web_Decision_-_0152971_-_6_May_2015.pdf-made against him but asserts that the relationship with Pupil A did not develop until after ./Woodhouse__Michael_-_Web_Decision_-_0152971_-_6_May_2015.pdf:he had terminated his employment at the school and that he did not engage in sexual ./Woodhouse__Michael_-_Web_Decision_-_0152971_-_6_May_2015.pdf-activity with her until after he had left the school. He told the police that the relationship ./Woodhouse__Michael_-_Web_Decision_-_0152971_-_6_May_2015.pdf:lasted for only a few months and that he had sex with her on only two or three occasions. ./Woodhouse__Michael_-_Web_Decision_-_0152971_-_6_May_2015.pdf:He denies engaging in oral sex with her or acts of masturbation in his car as she alleges. ./Woodhouse__Michael_-_Web_Decision_-_0152971_-_6_May_2015.pdf- ./Woodhouse__Michael_-_Web_Decision_-_0152971_-_6_May_2015.pdf-Findings of fact ./Woodhouse__Michael_-_Web_Decision_-_0152971_-_6_May_2015.pdf-Our findings of fact are as follows:- ./Woodhouse__Michael_-_Web_Decision_-_0152971_-_6_May_2015.pdf- ./Woodhouse__Michael_-_Web_Decision_-_0152971_-_6_May_2015.pdf-We have found the following particulars of the allegations against Michael Woodhouse ./Woodhouse__Michael_-_Web_Decision_-_0152971_-_6_May_2015.pdf-proven, for these reasons:- ./Woodhouse__Michael_-_Web_Decision_-_0152971_-_6_May_2015.pdf- ./Woodhouse__Michael_-_Web_Decision_-_0152971_-_6_May_2015.pdf-1. During 2004/2005 he engaged in an inappropriate relationship with a student/ ./Woodhouse__Michael_-_Web_Decision_-_0152971_-_6_May_2015.pdf- former student, Pupil A, of Hagley Park High School / Aelfgar Sixth Form College, ./Woodhouse__Michael_-_Web_Decision_-_0152971_-_6_May_2015.pdf- on various dates unknown that he:- -- ./Woodhouse__Michael_-_Web_Decision_-_0152971_-_6_May_2015.pdf-written submission at page 169 of the case papers and in the draft statement of agreed ./Woodhouse__Michael_-_Web_Decision_-_0152971_-_6_May_2015.pdf-facts at pages 142 – 146. Those admissions made by Mr Woodhouse accord with ./Woodhouse__Michael_-_Web_Decision_-_0152971_-_6_May_2015.pdf-allegations made by Pupil A of how he behaved towards her. They also repeat the ./Woodhouse__Michael_-_Web_Decision_-_0152971_-_6_May_2015.pdf-answers he made when those matters were put to him in the course of his lengthy ./Woodhouse__Michael_-_Web_Decision_-_0152971_-_6_May_2015.pdf-interview under caution with the Police at Watling House Custody suite on 31 January ./Woodhouse__Michael_-_Web_Decision_-_0152971_-_6_May_2015.pdf-2012. These factual particulars are therefore proved on the balance of probabilities. We ./Woodhouse__Michael_-_Web_Decision_-_0152971_-_6_May_2015.pdf-recognise that Mr Woodhouse asserts in relation to particular h that Pupil A did not stay ./Woodhouse__Michael_-_Web_Decision_-_0152971_-_6_May_2015.pdf-in his bed until 23/24 July 2005 and our findings in relation to this claim are set out below ./Woodhouse__Michael_-_Web_Decision_-_0152971_-_6_May_2015.pdf-under particular 1.j. ./Woodhouse__Michael_-_Web_Decision_-_0152971_-_6_May_2015.pdf- ./Woodhouse__Michael_-_Web_Decision_-_0152971_-_6_May_2015.pdf: j. engaged in sexual activity with Pupil A, on one or more occasions ./Woodhouse__Michael_-_Web_Decision_-_0152971_-_6_May_2015.pdf- including:- ./Woodhouse__Michael_-_Web_Decision_-_0152971_-_6_May_2015.pdf- ./Woodhouse__Michael_-_Web_Decision_-_0152971_-_6_May_2015.pdf: ii. had sexual intercourse with Pupil A at his house in [redacted] on a ./Woodhouse__Michael_-_Web_Decision_-_0152971_-_6_May_2015.pdf- Sunday afternoon on a date unknown but when she was still a Pupil at ./Woodhouse__Michael_-_Web_Decision_-_0152971_-_6_May_2015.pdf- Hagley Park High School on an occasion when Pupil A’s father had ./Woodhouse__Michael_-_Web_Decision_-_0152971_-_6_May_2015.pdf- dropped her at his house, ./Woodhouse__Michael_-_Web_Decision_-_0152971_-_6_May_2015.pdf- ./Woodhouse__Michael_-_Web_Decision_-_0152971_-_6_May_2015.pdf- iii. on a date unknown:- ./Woodhouse__Michael_-_Web_Decision_-_0152971_-_6_May_2015.pdf- ./Woodhouse__Michael_-_Web_Decision_-_0152971_-_6_May_2015.pdf- 1. allowed Pupil A to masturbate him in his car, ./Woodhouse__Michael_-_Web_Decision_-_0152971_-_6_May_2015.pdf- ./Woodhouse__Michael_-_Web_Decision_-_0152971_-_6_May_2015.pdf: 2. performed oral sex on Pupil A; ./Woodhouse__Michael_-_Web_Decision_-_0152971_-_6_May_2015.pdf- ./Woodhouse__Michael_-_Web_Decision_-_0152971_-_6_May_2015.pdf:Mr Woodhouse denies that he had sexual intercourse with Pupil A until 24/25 July 2005. ./Woodhouse__Michael_-_Web_Decision_-_0152971_-_6_May_2015.pdf-He further denies that, at any time, he allowed Pupil A to masturbate him in his car or that ./Woodhouse__Michael_-_Web_Decision_-_0152971_-_6_May_2015.pdf:he ever performed oral sex on Pupil A. His case is that sexual intercourse first took place ./Woodhouse__Michael_-_Web_Decision_-_0152971_-_6_May_2015.pdf-with Pupil A on 23 July 2005 following an end of term farewell celebration for a member ./Woodhouse__Michael_-_Web_Decision_-_0152971_-_6_May_2015.pdf-of staff. He says the relationship ended in October 2005. In his Police interview under ./Woodhouse__Michael_-_Web_Decision_-_0152971_-_6_May_2015.pdf:caution he admitted that he had sex with Pupil A on “ 2 or 3 occasions”. ./Woodhouse__Michael_-_Web_Decision_-_0152971_-_6_May_2015.pdf- ./Woodhouse__Michael_-_Web_Decision_-_0152971_-_6_May_2015.pdf:Pupil A says that sexual activity with Mr Woodhouse occurred with much greater ./Woodhouse__Michael_-_Web_Decision_-_0152971_-_6_May_2015.pdf-frequency. She says, that the relationship and first act of intercourse occurred at his ./Woodhouse__Michael_-_Web_Decision_-_0152971_-_6_May_2015.pdf-home in [redacted] when she was a current pupil at Hagley Park High School and he was ./Woodhouse__Michael_-_Web_Decision_-_0152971_-_6_May_2015.pdf-a member of staff there. She told the hearing that the relationship continued for 9 to 12 ./Woodhouse__Michael_-_Web_Decision_-_0152971_-_6_May_2015.pdf:months and that acts of masturbation and oral sex occurred. ./Woodhouse__Michael_-_Web_Decision_-_0152971_-_6_May_2015.pdf- ./Woodhouse__Michael_-_Web_Decision_-_0152971_-_6_May_2015.pdf-There is therefore a significant factual conflict between the accounts given by teacher ./Woodhouse__Michael_-_Web_Decision_-_0152971_-_6_May_2015.pdf-and pupil covering the duration and intensity of the relationship and the number and ./Woodhouse__Michael_-_Web_Decision_-_0152971_-_6_May_2015.pdf:nature of sexual acts involved. ./Woodhouse__Michael_-_Web_Decision_-_0152971_-_6_May_2015.pdf- ./Woodhouse__Michael_-_Web_Decision_-_0152971_-_6_May_2015.pdf-During the course of this hearing we were able to view the video of Pupil A’s interview ./Woodhouse__Michael_-_Web_Decision_-_0152971_-_6_May_2015.pdf-with the Police in which she described what had happened. We also heard her give ./Woodhouse__Michael_-_Web_Decision_-_0152971_-_6_May_2015.pdf- ./Woodhouse__Michael_-_Web_Decision_-_0152971_-_6_May_2015.pdf- ./Woodhouse__Michael_-_Web_Decision_-_0152971_-_6_May_2015.pdf- 8 ./Woodhouse__Michael_-_Web_Decision_-_0152971_-_6_May_2015.pdf- -- ./Woodhouse__Michael_-_Web_Decision_-_0152971_-_6_May_2015.pdf- ii. This occasion was described in detail by both Pupil A and her father in their ./Woodhouse__Michael_-_Web_Decision_-_0152971_-_6_May_2015.pdf- separate accounts to the hearing. Their accounts were consistent. Both ./Woodhouse__Michael_-_Web_Decision_-_0152971_-_6_May_2015.pdf- described the visit being to Mr Woodhouse’s home in [redacted]. Both ./Woodhouse__Michael_-_Web_Decision_-_0152971_-_6_May_2015.pdf- referred to the purpose of the visit being to allow Mr Woodhouse to view ./Woodhouse__Michael_-_Web_Decision_-_0152971_-_6_May_2015.pdf- and evaluate Pupil A’s art coursework. Both described the visit occurring ./Woodhouse__Michael_-_Web_Decision_-_0152971_-_6_May_2015.pdf- [redacted]. Pupil A’s father mentioned being introduced to a lady he took to ./Woodhouse__Michael_-_Web_Decision_-_0152971_-_6_May_2015.pdf- be Mr Woodhouse’s partner – in itself very significant because it predates ./Woodhouse__Michael_-_Web_Decision_-_0152971_-_6_May_2015.pdf- Mr Woodhouse being awarded single person discount by the Council with ./Woodhouse__Michael_-_Web_Decision_-_0152971_-_6_May_2015.pdf- effect from 1 May 2005. Pupil A’s father said he thought the visit to Mr ./Woodhouse__Michael_-_Web_Decision_-_0152971_-_6_May_2015.pdf- Woodhouse’s home in [redacted] occurred at about Easter time. All of those ./Woodhouse__Michael_-_Web_Decision_-_0152971_-_6_May_2015.pdf: details would put the incident of sexual intercourse which Pupil A described ./Woodhouse__Michael_-_Web_Decision_-_0152971_-_6_May_2015.pdf- fully to the Police at a time when: ./Woodhouse__Michael_-_Web_Decision_-_0152971_-_6_May_2015.pdf- ./Woodhouse__Michael_-_Web_Decision_-_0152971_-_6_May_2015.pdf- - Pupil A was still engaged with her art coursework ./Woodhouse__Michael_-_Web_Decision_-_0152971_-_6_May_2015.pdf- ./Woodhouse__Michael_-_Web_Decision_-_0152971_-_6_May_2015.pdf- - Mr Woodhouse was living at [redacted] ./Woodhouse__Michael_-_Web_Decision_-_0152971_-_6_May_2015.pdf- ./Woodhouse__Michael_-_Web_Decision_-_0152971_-_6_May_2015.pdf- ./Woodhouse__Michael_-_Web_Decision_-_0152971_-_6_May_2015.pdf- ./Woodhouse__Michael_-_Web_Decision_-_0152971_-_6_May_2015.pdf- ./Woodhouse__Michael_-_Web_Decision_-_0152971_-_6_May_2015.pdf- 9 -- ./Woodhouse__Michael_-_Web_Decision_-_0152971_-_6_May_2015.pdf- ./Woodhouse__Michael_-_Web_Decision_-_0152971_-_6_May_2015.pdf- v. ‘I want you so much’; ./Woodhouse__Michael_-_Web_Decision_-_0152971_-_6_May_2015.pdf- ./Woodhouse__Michael_-_Web_Decision_-_0152971_-_6_May_2015.pdf- These particulars are all admitted by Mr Woodhouse in his written submission at ./Woodhouse__Michael_-_Web_Decision_-_0152971_-_6_May_2015.pdf- page 169 of the case papers and in the draft statement of agreed facts at pages ./Woodhouse__Michael_-_Web_Decision_-_0152971_-_6_May_2015.pdf- 142 – 146. Copies of the [redacted], the congratulations card and the handwritten ./Woodhouse__Michael_-_Web_Decision_-_0152971_-_6_May_2015.pdf- letters are also exhibited in the case papers and the originals of these documents ./Woodhouse__Michael_-_Web_Decision_-_0152971_-_6_May_2015.pdf- were also produced by Pupil A to the panel when she gave evidence on oath in ./Woodhouse__Michael_-_Web_Decision_-_0152971_-_6_May_2015.pdf- the course of the hearing. ./Woodhouse__Michael_-_Web_Decision_-_0152971_-_6_May_2015.pdf- ./Woodhouse__Michael_-_Web_Decision_-_0152971_-_6_May_2015.pdf:3. His conduct described at paragraphs 1 and 2 above were sexually motivated; ./Woodhouse__Michael_-_Web_Decision_-_0152971_-_6_May_2015.pdf- ./Woodhouse__Michael_-_Web_Decision_-_0152971_-_6_May_2015.pdf- It follows, inevitably, from our factual findings in relation to particulars 1 and 2 that ./Woodhouse__Michael_-_Web_Decision_-_0152971_-_6_May_2015.pdf- we are driven to conclude that Mr Woodhouse’s conduct towards Pupil A was ./Woodhouse__Michael_-_Web_Decision_-_0152971_-_6_May_2015.pdf: sexually motivated. We are satisfied that Mr Woodhouse had sexual intercourse ./Woodhouse__Michael_-_Web_Decision_-_0152971_-_6_May_2015.pdf- ./Woodhouse__Michael_-_Web_Decision_-_0152971_-_6_May_2015.pdf- ./Woodhouse__Michael_-_Web_Decision_-_0152971_-_6_May_2015.pdf- 10 ./Woodhouse__Michael_-_Web_Decision_-_0152971_-_6_May_2015.pdf- -- ./Woodhouse__Michael_-_Web_Decision_-_0152971_-_6_May_2015.pdf: and other sexual activity with her on more than one occasion and at a time when ./Woodhouse__Michael_-_Web_Decision_-_0152971_-_6_May_2015.pdf- she was 16 years of age and still on the roll at Hagley Park High School. He ./Woodhouse__Michael_-_Web_Decision_-_0152971_-_6_May_2015.pdf- accepted in his police interview that he knew [redacted] and that “she had a few ./Woodhouse__Michael_-_Web_Decision_-_0152971_-_6_May_2015.pdf- problems [redacted]” (page 88) and yet the evidence establishes that he fostered a ./Woodhouse__Michael_-_Web_Decision_-_0152971_-_6_May_2015.pdf: relationship with her which led to the sexual activity that we have found to be ./Woodhouse__Michael_-_Web_Decision_-_0152971_-_6_May_2015.pdf- proved on the evidence that we have heard, viewed and read. ./Woodhouse__Michael_-_Web_Decision_-_0152971_-_6_May_2015.pdf- ./Woodhouse__Michael_-_Web_Decision_-_0152971_-_6_May_2015.pdf-4. He allowed Pupil B and/or Pupil C to stay overnight at his house. ./Woodhouse__Michael_-_Web_Decision_-_0152971_-_6_May_2015.pdf- ./Woodhouse__Michael_-_Web_Decision_-_0152971_-_6_May_2015.pdf- This particular is admitted by Mr Woodhouse in the draft statement of agreed facts ./Woodhouse__Michael_-_Web_Decision_-_0152971_-_6_May_2015.pdf- at page 145 and in his written submission (page 170). He says this occurred only ./Woodhouse__Michael_-_Web_Decision_-_0152971_-_6_May_2015.pdf- when he was no longer a teacher at these former pupils’ school. It is supported by ./Woodhouse__Michael_-_Web_Decision_-_0152971_-_6_May_2015.pdf- the unchallenged written witness statement of Pupil B [redacted]. It is further ./Woodhouse__Michael_-_Web_Decision_-_0152971_-_6_May_2015.pdf- supported by the accounts given by Pupil A in her interview with the Police ./Woodhouse__Michael_-_Web_Decision_-_0152971_-_6_May_2015.pdf- [redacted]. While there may be an issue over the date that these stays occurred it ./Woodhouse__Michael_-_Web_Decision_-_0152971_-_6_May_2015.pdf- is clear that this particular is proved on the evidence and we do not consider that ./Woodhouse__Michael_-_Web_Decision_-_0152971_-_6_May_2015.pdf- the date(s) are material in view of the other more serious matters that we have ./Woodhouse__Michael_-_Web_Decision_-_0152971_-_6_May_2015.pdf: found proved since no allegation of any sexual impropriety towards the two male ./Woodhouse__Michael_-_Web_Decision_-_0152971_-_6_May_2015.pdf- pupils is put in this case. ./Woodhouse__Michael_-_Web_Decision_-_0152971_-_6_May_2015.pdf- ./Woodhouse__Michael_-_Web_Decision_-_0152971_-_6_May_2015.pdf-We have found the following particulars of the allegation(s) against Michael Woodhouse ./Woodhouse__Michael_-_Web_Decision_-_0152971_-_6_May_2015.pdf-not proven, for these reasons: ./Woodhouse__Michael_-_Web_Decision_-_0152971_-_6_May_2015.pdf- ./Woodhouse__Michael_-_Web_Decision_-_0152971_-_6_May_2015.pdf: j. i. had sexual intercourse with Pupil A on a date unknown before 7 ./Woodhouse__Michael_-_Web_Decision_-_0152971_-_6_May_2015.pdf- January 2005 when she was still a pupil at Hagley Park High School, ./Woodhouse__Michael_-_Web_Decision_-_0152971_-_6_May_2015.pdf- ./Woodhouse__Michael_-_Web_Decision_-_0152971_-_6_May_2015.pdf- As indicated we found Pupil A to be a credible witness. We were also ./Woodhouse__Michael_-_Web_Decision_-_0152971_-_6_May_2015.pdf- satisfied from the photograph produced by her father that [redacted] ./Woodhouse__Michael_-_Web_Decision_-_0152971_-_6_May_2015.pdf- occurred on 7 January 2005. The camera on which the photograph was ./Woodhouse__Michael_-_Web_Decision_-_0152971_-_6_May_2015.pdf- taken automatically recorded the date of the picture so we were able to ./Woodhouse__Michael_-_Web_Decision_-_0152971_-_6_May_2015.pdf- pinpoint the date [redacted]. However we were concerned that, ./Woodhouse__Michael_-_Web_Decision_-_0152971_-_6_May_2015.pdf- although appearing to do her best, Pupil A was uncertain on dates and ./Woodhouse__Michael_-_Web_Decision_-_0152971_-_6_May_2015.pdf- the exact sequence of events so we did not feel able to rely on her ./Woodhouse__Michael_-_Web_Decision_-_0152971_-_6_May_2015.pdf: account that the first incident of sexual intercourse with Mr Woodhouse ./Woodhouse__Michael_-_Web_Decision_-_0152971_-_6_May_2015.pdf- occurred before the date [redacted]. We therefore do not find this part of ./Woodhouse__Michael_-_Web_Decision_-_0152971_-_6_May_2015.pdf- particular j to have been proved. ./Woodhouse__Michael_-_Web_Decision_-_0152971_-_6_May_2015.pdf- ./Woodhouse__Michael_-_Web_Decision_-_0152971_-_6_May_2015.pdf-Findings as to unacceptable professional conduct and/or ./Woodhouse__Michael_-_Web_Decision_-_0152971_-_6_May_2015.pdf-conduct that may bring the profession into disrepute ./Woodhouse__Michael_-_Web_Decision_-_0152971_-_6_May_2015.pdf-In our judgement this is a very serious case involving a gross breach of trust towards a ./Woodhouse__Michael_-_Web_Decision_-_0152971_-_6_May_2015.pdf-female pupil/former pupil [redacted]. We judge that Pupil A was especially vulnerable and ./Woodhouse__Michael_-_Web_Decision_-_0152971_-_6_May_2015.pdf-Mr Woodhouse conceded in his caution interview that he was aware that Pupil A had a ./Woodhouse__Michael_-_Web_Decision_-_0152971_-_6_May_2015.pdf-number of emotional problems. [redacted] ./Woodhouse__Michael_-_Web_Decision_-_0152971_-_6_May_2015.pdf- -- ./Woodhouse__Michael_-_Web_Decision_-_0152971_-_6_May_2015.pdf- ./Woodhouse__Michael_-_Web_Decision_-_0152971_-_6_May_2015.pdf- - serious departure from the personal and professional conduct elements of the ./Woodhouse__Michael_-_Web_Decision_-_0152971_-_6_May_2015.pdf- Teachers’ Standards ./Woodhouse__Michael_-_Web_Decision_-_0152971_-_6_May_2015.pdf- ./Woodhouse__Michael_-_Web_Decision_-_0152971_-_6_May_2015.pdf- - misconduct seriously affecting the wellbeing of pupils ./Woodhouse__Michael_-_Web_Decision_-_0152971_-_6_May_2015.pdf- ./Woodhouse__Michael_-_Web_Decision_-_0152971_-_6_May_2015.pdf- - a deep seated attitude that leads to harmful behaviour ./Woodhouse__Michael_-_Web_Decision_-_0152971_-_6_May_2015.pdf- ./Woodhouse__Michael_-_Web_Decision_-_0152971_-_6_May_2015.pdf- - abuse of a position of trust involving a vulnerable pupil ./Woodhouse__Michael_-_Web_Decision_-_0152971_-_6_May_2015.pdf- ./Woodhouse__Michael_-_Web_Decision_-_0152971_-_6_May_2015.pdf: - sexual misconduct ./Woodhouse__Michael_-_Web_Decision_-_0152971_-_6_May_2015.pdf- ./Woodhouse__Michael_-_Web_Decision_-_0152971_-_6_May_2015.pdf-We judge that Mr Woodhouse has demonstrated by his conduct that he is wholly unfit to ./Woodhouse__Michael_-_Web_Decision_-_0152971_-_6_May_2015.pdf-remain as a teacher and therefore we recommend that a prohibition order should be ./Woodhouse__Michael_-_Web_Decision_-_0152971_-_6_May_2015.pdf-imposed in this case. Our concerns about him and our duty to act in the public interest ./Woodhouse__Michael_-_Web_Decision_-_0152971_-_6_May_2015.pdf-lead us to conclude that it would not be appropriate to allow him, at any time, to apply for ./Woodhouse__Michael_-_Web_Decision_-_0152971_-_6_May_2015.pdf-set aside of any prohibition order that may be imposed and, thus, that the prohibition ./Woodhouse__Michael_-_Web_Decision_-_0152971_-_6_May_2015.pdf-order should be for life with no review period. ./Woodhouse__Michael_-_Web_Decision_-_0152971_-_6_May_2015.pdf- ./Woodhouse__Michael_-_Web_Decision_-_0152971_-_6_May_2015.pdf- ./Woodhouse__Michael_-_Web_Decision_-_0152971_-_6_May_2015.pdf-Decision and reasons on behalf of the Secretary of State -- ./Woodhouse__Michael_-_Web_Decision_-_0152971_-_6_May_2015.pdf- ./Woodhouse__Michael_-_Web_Decision_-_0152971_-_6_May_2015.pdf- - serious departure from the personal and professional conduct elements of the ./Woodhouse__Michael_-_Web_Decision_-_0152971_-_6_May_2015.pdf- Teachers’ Standards ./Woodhouse__Michael_-_Web_Decision_-_0152971_-_6_May_2015.pdf- ./Woodhouse__Michael_-_Web_Decision_-_0152971_-_6_May_2015.pdf- - misconduct seriously affecting the wellbeing of pupils ./Woodhouse__Michael_-_Web_Decision_-_0152971_-_6_May_2015.pdf- ./Woodhouse__Michael_-_Web_Decision_-_0152971_-_6_May_2015.pdf- - a deep seated attitude that leads to harmful behaviour ./Woodhouse__Michael_-_Web_Decision_-_0152971_-_6_May_2015.pdf- ./Woodhouse__Michael_-_Web_Decision_-_0152971_-_6_May_2015.pdf- - abuse of a position of trust involving a vulnerable pupil ./Woodhouse__Michael_-_Web_Decision_-_0152971_-_6_May_2015.pdf- ./Woodhouse__Michael_-_Web_Decision_-_0152971_-_6_May_2015.pdf: - sexual misconduct ./Woodhouse__Michael_-_Web_Decision_-_0152971_-_6_May_2015.pdf- ./Woodhouse__Michael_-_Web_Decision_-_0152971_-_6_May_2015.pdf- ./Woodhouse__Michael_-_Web_Decision_-_0152971_-_6_May_2015.pdf- ./Woodhouse__Michael_-_Web_Decision_-_0152971_-_6_May_2015.pdf- 13 ./Woodhouse__Michael_-_Web_Decision_-_0152971_-_6_May_2015.pdf- ./Wright__K_10181__Web_decision.pdf- i. kissing; ./Wright__K_10181__Web_decision.pdf- ii. touching her breast(s) over clothing; ./Wright__K_10181__Web_decision.pdf- iii. touching her crotch area over clothing; ./Wright__K_10181__Web_decision.pdf- iv. allowing her to touch his crotch area over clothing; ./Wright__K_10181__Web_decision.pdf- v. putting his finger(s) into her vagina; ./Wright__K_10181__Web_decision.pdf- vi. kissing her breasts; ./Wright__K_10181__Web_decision.pdf- vii. performing oral sex on her; ./Wright__K_10181__Web_decision.pdf- viii. by attempting to engage in sexual intercourse, in that he attempted to ./Wright__K_10181__Web_decision.pdf- penetrate her vagina with his penis; ./Wright__K_10181__Web_decision.pdf- ix. allowing her to perform oral sex on him; ./Wright__K_10181__Web_decision.pdf: x. by showing her pornographic material on his laptop. ./Wright__K_10181__Web_decision.pdf- 2. On at least one occasion he: ./Wright__K_10181__Web_decision.pdf- a. collected Pupil B in his car; ./Wright__K_10181__Web_decision.pdf- b. took Pupil B to a pub with Pupil A; ./Wright__K_10181__Web_decision.pdf- c. introduced Pupil A and Pupil B to a friend of his who was a male adult; ./Wright__K_10181__Web_decision.pdf- ./Wright__K_10181__Web_decision.pdf- 4 ./Wright__K_10181__Web_decision.pdf- -- ./Wright__K_10181__Web_decision.pdf- d. bought or allowed his friend to buy alcohol for Pupil B; ./Wright__K_10181__Web_decision.pdf- e. took Pupil A and Pupil B back to his friend's home. ./Wright__K_10181__Web_decision.pdf- 3. Shortly after Pupil A had completed her GCSE examinations, in June or July 2001, ./Wright__K_10181__Web_decision.pdf: he engaged in sexual activity with her, in that she masturbated him in his ./Wright__K_10181__Web_decision.pdf- bedroom. ./Wright__K_10181__Web_decision.pdf: 4. Mr Wright's conduct as set out at 1 and/or 2 and/or 3 above was sexually ./Wright__K_10181__Web_decision.pdf- motivated. ./Wright__K_10181__Web_decision.pdf-Mr Wright denied the allegations. ./Wright__K_10181__Web_decision.pdf- ./Wright__K_10181__Web_decision.pdf- ./Wright__K_10181__Web_decision.pdf-C. Preliminary applications ./Wright__K_10181__Web_decision.pdf-Proceeding in absence ./Wright__K_10181__Web_decision.pdf-The panel considered an application by the presenting officer for the hearing to proceed ./Wright__K_10181__Web_decision.pdf-in the absence of Mr Wright. The panel were satisfied that proceedings had been served ./Wright__K_10181__Web_decision.pdf-on Mr Wright in accordance with Rules 4.11 and 4.12 of the Teacher Misconduct: ./Wright__K_10181__Web_decision.pdf-Disciplinary Procedures for the Teaching Profession ("the Disciplinary Procedures"). -- ./Wright__K_10181__Web_decision.pdf-of the hearing. ./Wright__K_10181__Web_decision.pdf- ./Wright__K_10181__Web_decision.pdf-Brief Summary ./Wright__K_10181__Web_decision.pdf-In or about September 2000, Mr Wright commenced employment at Testbourne ./Wright__K_10181__Web_decision.pdf-Community School Whitchurch as a science teacher. Pupil A was in Year 11 in the ./Wright__K_10181__Web_decision.pdf-academic year 2000/2001 with the aim of sitting her GCSEs in the summer term of 2001. ./Wright__K_10181__Web_decision.pdf- ./Wright__K_10181__Web_decision.pdf-Pupil A was taught science by Mr Wright. ./Wright__K_10181__Web_decision.pdf- ./Wright__K_10181__Web_decision.pdf-It was alleged that in the academic year 2000/2001, Mr Wright engaged in an ./Wright__K_10181__Web_decision.pdf:inappropriate sexual relationship with Pupil A. ./Wright__K_10181__Web_decision.pdf- ./Wright__K_10181__Web_decision.pdf-This relationship was not reported by Pupil A to the Police until March 2013, some ./Wright__K_10181__Web_decision.pdf-thirteen years after it was alleged to have taken place. Mr Wright was charged with ./Wright__K_10181__Web_decision.pdf:various criminal offences of a sexual nature but, following a trial in the Crown Court, was ./Wright__K_10181__Web_decision.pdf-acquitted. ./Wright__K_10181__Web_decision.pdf- ./Wright__K_10181__Web_decision.pdf-Findings of fact ./Wright__K_10181__Web_decision.pdf-Our findings of fact were as follows: ./Wright__K_10181__Web_decision.pdf- ./Wright__K_10181__Web_decision.pdf-We have found the following particulars of the allegations against you proven, for these ./Wright__K_10181__Web_decision.pdf-reasons: ./Wright__K_10181__Web_decision.pdf- ./Wright__K_10181__Web_decision.pdf-1. You engaged in an inappropriate relationship with Pupil A whilst she was a ./Wright__K_10181__Web_decision.pdf- pupil in Year 11, in that: ./Wright__K_10181__Web_decision.pdf- ./Wright__K_10181__Web_decision.pdf- a. gave her your personal mobile number; ./Wright__K_10181__Web_decision.pdf- ./Wright__K_10181__Web_decision.pdf-Mr Wright stated that he had no recollection of giving Pupil A his personal mobile ./Wright__K_10181__Web_decision.pdf-number. If he had done so, Mr Wright stated it would have been towards the end of Pupil ./Wright__K_10181__Web_decision.pdf-A's time as a pupil in order to arrange extra tuition. ./Wright__K_10181__Web_decision.pdf- ./Wright__K_10181__Web_decision.pdf-With regard to the timing of not only this event but generally, the panel had considered ./Wright__K_10181__Web_decision.pdf-carefully the Judge's summing up in the criminal trial. As a result of the nature of the ./Wright__K_10181__Web_decision.pdf:charges, the age of Pupil A when the sexual contact took place between her and Mr ./Wright__K_10181__Web_decision.pdf-Wright was critical to the criminal case. However, for the purposes of these proceedings, ./Wright__K_10181__Web_decision.pdf-what was of central importance was whether, throughout the period in which events as ./Wright__K_10181__Web_decision.pdf-alleged took place, Pupil A was a pupil at the school. The panel found that she was. ./Wright__K_10181__Web_decision.pdf- ./Wright__K_10181__Web_decision.pdf- ./Wright__K_10181__Web_decision.pdf- 7 ./Wright__K_10181__Web_decision.pdf- -- ./Wright__K_10181__Web_decision.pdf-Consequently, the panel found this particular proved. ./Wright__K_10181__Web_decision.pdf- ./Wright__K_10181__Web_decision.pdf- c. met with her alone outside of school on one occasion or more, ./Wright__K_10181__Web_decision.pdf- including: ./Wright__K_10181__Web_decision.pdf- ./Wright__K_10181__Web_decision.pdf- i. in your car when you met at the Silk Mill Car Park in ./Wright__K_10181__Web_decision.pdf- Whitchurch; ./Wright__K_10181__Web_decision.pdf- ./Wright__K_10181__Web_decision.pdf-Pupil A met with Mr Wright at Silk Mill Car Park in Whitchurch and Mr Wright would then ./Wright__K_10181__Web_decision.pdf-drive to a more secluded place. This happened on several occasions and on each ./Wright__K_10181__Web_decision.pdf:occasion, Pupil A and Mr Wright engaged in sexual activity. ./Wright__K_10181__Web_decision.pdf- ./Wright__K_10181__Web_decision.pdf-The panel found this particular proved. ./Wright__K_10181__Web_decision.pdf- ./Wright__K_10181__Web_decision.pdf- ./Wright__K_10181__Web_decision.pdf- ./Wright__K_10181__Web_decision.pdf- 8 ./Wright__K_10181__Web_decision.pdf- -- ./Wright__K_10181__Web_decision.pdf- ./Wright__K_10181__Web_decision.pdf-Pupil A stated that during the school week, Mr Wright had taken her to a pub one evening ./Wright__K_10181__Web_decision.pdf-after school in Micheldever. Pupil A stated, and the panel found, that Mr Wright took her ./Wright__K_10181__Web_decision.pdf-to pubs outside of Whitchurch on about 3 or 4 occasions. On one such occasion, Pupil B ./Wright__K_10181__Web_decision.pdf-accompanied them. ./Wright__K_10181__Web_decision.pdf- ./Wright__K_10181__Web_decision.pdf-When at the pub, Mr Wright purchased Pupil A vodka. ./Wright__K_10181__Web_decision.pdf- ./Wright__K_10181__Web_decision.pdf-In the circumstances, the panel found particulars d i and ii proved. ./Wright__K_10181__Web_decision.pdf- ./Wright__K_10181__Web_decision.pdf: e. engaged in conduct of a sexual nature with her on one occasion or ./Wright__K_10181__Web_decision.pdf- more, including: ./Wright__K_10181__Web_decision.pdf- ./Wright__K_10181__Web_decision.pdf- i. kissing; ./Wright__K_10181__Web_decision.pdf- ./Wright__K_10181__Web_decision.pdf- ii. touching her breast(s) over clothing; ./Wright__K_10181__Web_decision.pdf- ./Wright__K_10181__Web_decision.pdf- iii. touching her crotch area over clothing; ./Wright__K_10181__Web_decision.pdf- ./Wright__K_10181__Web_decision.pdf- iv. allowing her to touch your crotch area over clothing; ./Wright__K_10181__Web_decision.pdf- ./Wright__K_10181__Web_decision.pdf- v. putting your finger(s) into her vagina; ./Wright__K_10181__Web_decision.pdf- ./Wright__K_10181__Web_decision.pdf- vi. kissing her breasts; ./Wright__K_10181__Web_decision.pdf- ./Wright__K_10181__Web_decision.pdf: vii. performing oral sex on her; ./Wright__K_10181__Web_decision.pdf- ./Wright__K_10181__Web_decision.pdf- ./Wright__K_10181__Web_decision.pdf- 9 ./Wright__K_10181__Web_decision.pdf- -- ./Wright__K_10181__Web_decision.pdf- viii. by attempting to engage in sexual intercourse, in that you ./Wright__K_10181__Web_decision.pdf- attempted to penetrate her vagina with your penis; ./Wright__K_10181__Web_decision.pdf- ./Wright__K_10181__Web_decision.pdf- ix. allowing her to perform oral sex on you; ./Wright__K_10181__Web_decision.pdf- ./Wright__K_10181__Web_decision.pdf: x. by showing her pornographic material on your laptop. ./Wright__K_10181__Web_decision.pdf- ./Wright__K_10181__Web_decision.pdf-Whilst particulars i to x of allegation 1e were denied by Mr Wright, the panel found them ./Wright__K_10181__Web_decision.pdf-proved. ./Wright__K_10181__Web_decision.pdf- ./Wright__K_10181__Web_decision.pdf-The panel had already concluded that Pupil A was a credible and reliable witness who ./Wright__K_10181__Web_decision.pdf-had not attempted to embellish or exaggerate her evidence. Furthermore, the panel had ./Wright__K_10181__Web_decision.pdf-had the benefit of a written statement from Pupil B who also attended to give oral ./Wright__K_10181__Web_decision.pdf-evidence. Pupil B also impressed the panel as a reliable and credible witness who gave ./Wright__K_10181__Web_decision.pdf-her evidence in a balanced way, volunteering when she was unable to assist the panel ./Wright__K_10181__Web_decision.pdf-on any particular point. ./Wright__K_10181__Web_decision.pdf- ./Wright__K_10181__Web_decision.pdf:In addition, in reaching its conclusion that Mr Wright had formed a sexual relationship ./Wright__K_10181__Web_decision.pdf-with Pupil A, it took into consideration the following: ./Wright__K_10181__Web_decision.pdf- ./Wright__K_10181__Web_decision.pdf-(a) an entry in Pupil A's yearbook written by Mr Wright which stated as follows: ./Wright__K_10181__Web_decision.pdf- ./Wright__K_10181__Web_decision.pdf- "Hiya Pupil A ./Wright__K_10181__Web_decision.pdf- ./Wright__K_10181__Web_decision.pdf- It's been a pleasure to teach such a charming young lady over the past year. ./Wright__K_10181__Web_decision.pdf- Remember don't postpone anything that will add laughter, fun and happiness to ./Wright__K_10181__Web_decision.pdf- your love, believe in love at first sight and close your eyes when you kiss - its rude ./Wright__K_10181__Web_decision.pdf- to stare. -- ./Wright__K_10181__Web_decision.pdf-finger in her vagina, kiss her breasts, and perform oral sex on Pupil A. ./Wright__K_10181__Web_decision.pdf- ./Wright__K_10181__Web_decision.pdf-The panel accepted Pupil A's evidence and found particulars 1e v vi and vii proved. ./Wright__K_10181__Web_decision.pdf- ./Wright__K_10181__Web_decision.pdf-At later meetings which took place between Pupil A and Mr Wright, again in his bedroom ./Wright__K_10181__Web_decision.pdf-at his home, Mr Wright attempted to engage in sexual intercourse but Pupil A found this ./Wright__K_10181__Web_decision.pdf-painful. They attempted to have sexual intercourse on approximately 6 or 7 occasions in ./Wright__K_10181__Web_decision.pdf-total. However, this continued to prove too painful for Pupil A who then performed oral ./Wright__K_10181__Web_decision.pdf-sex on Mr Wright. ./Wright__K_10181__Web_decision.pdf- ./Wright__K_10181__Web_decision.pdf:On occasions, this took place when Mr Wright was showing her pornographic material on ./Wright__K_10181__Web_decision.pdf-his laptop before attempting to have sexual intercourse. ./Wright__K_10181__Web_decision.pdf- ./Wright__K_10181__Web_decision.pdf-Pupil B confirmed that Pupil A had informed her that she had performed oral sex on Mr ./Wright__K_10181__Web_decision.pdf:Wright and had described to Pupil B how Mr Wright had shown pornographic material on ./Wright__K_10181__Web_decision.pdf-his laptop. ./Wright__K_10181__Web_decision.pdf- ./Wright__K_10181__Web_decision.pdf-On this basis, the panel found particulars 1e.viii, ix and x proved. ./Wright__K_10181__Web_decision.pdf- ./Wright__K_10181__Web_decision.pdf- ./Wright__K_10181__Web_decision.pdf- 11 ./Wright__K_10181__Web_decision.pdf- -- ./Wright__K_10181__Web_decision.pdf- ./Wright__K_10181__Web_decision.pdf-Both Pupil A and Pupil B gave consistent evidence in relation to this allegation. ./Wright__K_10181__Web_decision.pdf- ./Wright__K_10181__Web_decision.pdf-Whilst Pupil B was not entirely sure of the date when this took place, she was asked by ./Wright__K_10181__Web_decision.pdf-Pupil A to accompany her and Mr Wright to a pub. Pupil B agreed and they met up with ./Wright__K_10181__Web_decision.pdf-a friend of Mr Wright at the pub. ./Wright__K_10181__Web_decision.pdf- ./Wright__K_10181__Web_decision.pdf-Mr Wright and his friend, who was divorced, bought Pupil A and B alcoholic drinks and, ./Wright__K_10181__Web_decision.pdf-on leaving the pub, returned to the home of Mr Wright's friend. ./Wright__K_10181__Web_decision.pdf- ./Wright__K_10181__Web_decision.pdf:Pupil B recalls Mr Wright kissing Pupil A on the lips in a sexual way both in the car and in ./Wright__K_10181__Web_decision.pdf-the front room of the house. Pupil A saw Pupil B kissing Mr Wright's friend when in the ./Wright__K_10181__Web_decision.pdf-house. ./Wright__K_10181__Web_decision.pdf- ./Wright__K_10181__Web_decision.pdf-Consequently, the panel found allegation 2a to e proved. ./Wright__K_10181__Web_decision.pdf- ./Wright__K_10181__Web_decision.pdf:4. Your conduct as set out at 1 and/or 2 and/or 3 above was sexually motivated. ./Wright__K_10181__Web_decision.pdf- ./Wright__K_10181__Web_decision.pdf-The panel took account of the fact that, other than the facts giving rise to these ./Wright__K_10181__Web_decision.pdf-allegations, there was no evidence to suggest that, prior to his relationship with Pupil A, ./Wright__K_10181__Web_decision.pdf-Mr Wright had anything other than a good history and the panel also took full account of ./Wright__K_10181__Web_decision.pdf-the character references he had provided. ./Wright__K_10181__Web_decision.pdf- ./Wright__K_10181__Web_decision.pdf-However, taking account of its findings of fact in respect of allegation 1, the panel ./Wright__K_10181__Web_decision.pdf:concluded that his conduct was sexually motivated. ./Wright__K_10181__Web_decision.pdf- ./Wright__K_10181__Web_decision.pdf-Furthermore, the panel reached the same conclusion with regard to allegation 2. On the ./Wright__K_10181__Web_decision.pdf-basis of the evidence on which the panel found allegation 1 proved and taking account of ./Wright__K_10181__Web_decision.pdf-its findings of fact in relation to the occasion when Mr Wright took Pupils A and B to a pub ./Wright__K_10181__Web_decision.pdf-and met with a friend of his, the panel concluded it was justified in drawing the inference ./Wright__K_10181__Web_decision.pdf:that his conduct in doing so was sexually motivated. ./Wright__K_10181__Web_decision.pdf- ./Wright__K_10181__Web_decision.pdf-The panel found the following particular not proved: ./Wright__K_10181__Web_decision.pdf- ./Wright__K_10181__Web_decision.pdf- 12 ./Wright__K_10181__Web_decision.pdf- -- ./Wright__K_10181__Web_decision.pdf-3. Shortly after Pupil A had completed her GCSE examinations, in June or July ./Wright__K_10181__Web_decision.pdf: 2001, you engaged in sexual activity with her, in that she masturbated you in ./Wright__K_10181__Web_decision.pdf- your bedroom. ./Wright__K_10181__Web_decision.pdf- ./Wright__K_10181__Web_decision.pdf-Pupil A had not given any evidence in support of this allegation. Pupil A stated that, ./Wright__K_10181__Web_decision.pdf-immediately after her examinations finished, which was in early June 2001, she left to go ./Wright__K_10181__Web_decision.pdf-on holiday with her family in Devon. This allegation relied on evidence given by Mr ./Wright__K_10181__Web_decision.pdf-Wright himself in the course of his Crown Court trial. Whilst Pupil A had provided ./Wright__K_10181__Web_decision.pdf-evidence that she masturbated Mr Wright in his bedroom, this related to an earlier time. ./Wright__K_10181__Web_decision.pdf- ./Wright__K_10181__Web_decision.pdf-In the circumstances, the panel found this allegation not proved. ./Wright__K_10181__Web_decision.pdf- -- ./Wright__K_10181__Web_decision.pdf-may bring the profession into disrepute ./Wright__K_10181__Web_decision.pdf-The panel was satisfied that, in respect of the allegations found proved, Mr Wright was ./Wright__K_10181__Web_decision.pdf-guilty of unacceptable professional conduct and conduct likely to bring the profession into ./Wright__K_10181__Web_decision.pdf-disrepute. His behaviour was of a serious nature, falling significantly short of the ./Wright__K_10181__Web_decision.pdf-standard expected of a teacher. ./Wright__K_10181__Web_decision.pdf- ./Wright__K_10181__Web_decision.pdf-In the judgment of the panel, based on its experience of the expected standard of teacher ./Wright__K_10181__Web_decision.pdf-conduct at the material time, and despite the absence of any formal Teacher Standards ./Wright__K_10181__Web_decision.pdf-in force, Mr Wright's conduct fell significantly short of what would have been expected. ./Wright__K_10181__Web_decision.pdf- ./Wright__K_10181__Web_decision.pdf:In conducting the sexual relationship with Pupil A, and by behaving in the way that he did ./Wright__K_10181__Web_decision.pdf-towards both Pupil A and Pupil B, Mr Wright had failed: ./Wright__K_10181__Web_decision.pdf- ./Wright__K_10181__Web_decision.pdf- (a) to demonstrate consistently high standards of personal and professional ./Wright__K_10181__Web_decision.pdf- misconduct; ./Wright__K_10181__Web_decision.pdf- ./Wright__K_10181__Web_decision.pdf- (b) to treat pupils with dignity and to build a relationship rooted in mutual ./Wright__K_10181__Web_decision.pdf- respect; ./Wright__K_10181__Web_decision.pdf- ./Wright__K_10181__Web_decision.pdf- (c) to observe proper boundaries appropriate to his position as a teacher; ./Wright__K_10181__Web_decision.pdf- -- ./Wright__K_10181__Web_decision.pdf-school and the profession. It must follow that such conduct was likely to bring the ./Wright__K_10181__Web_decision.pdf-profession into disrepute. ./Wright__K_10181__Web_decision.pdf- ./Wright__K_10181__Web_decision.pdf-In reaching its decision on the appropriate recommendation to make to the Secretary of ./Wright__K_10181__Web_decision.pdf-State, the panel had taken into consideration the references submitted by Mr Wright ./Wright__K_10181__Web_decision.pdf-which were supportive and relevant. There was also no evidence to suggest that Mr ./Wright__K_10181__Web_decision.pdf-Wright was anything other than a competent teacher. ./Wright__K_10181__Web_decision.pdf- ./Wright__K_10181__Web_decision.pdf-Nevertheless, Mr Wright had denied that any improper relationship had existed up until ./Wright__K_10181__Web_decision.pdf-June or July 2001. However, even in June or July 2001 when Mr Wright suggested that ./Wright__K_10181__Web_decision.pdf:sexual activity had taken place, Pupil A remained a pupil at the school. Therefore, even ./Wright__K_10181__Web_decision.pdf-on his own case, Mr Wright had acted wholly improperly. ./Wright__K_10181__Web_decision.pdf- ./Wright__K_10181__Web_decision.pdf-There was no indication of any insight or remorse having been shown by Mr Wright. ./Wright__K_10181__Web_decision.pdf-Indeed, in one email to the NCTL, Mr Wright says, "I have done nothing wrong". The ./Wright__K_10181__Web_decision.pdf-panel concluded that the risk of repetition of such behaviour was significant. It ./Wright__K_10181__Web_decision.pdf-considered that the fact that this relationship had begun within a short period of his ./Wright__K_10181__Web_decision.pdf-starting his teaching career and commencing his job at the school was an aggravating ./Wright__K_10181__Web_decision.pdf-factor. ./Wright__K_10181__Web_decision.pdf- ./Wright__K_10181__Web_decision.pdf-In considering whether it was in the public interest to recommend to the Secretary of -- ./Wright__K_10181__Web_decision.pdf-The panel further considered whether to recommend that Mr Wright should be entitled to ./Wright__K_10181__Web_decision.pdf-apply for the prohibition order to be set aside after a specified period or whether there ./Wright__K_10181__Web_decision.pdf-should be no such provision. ./Wright__K_10181__Web_decision.pdf- ./Wright__K_10181__Web_decision.pdf:Taking account of the seriousness of the sexual misconduct, the lack of insight or any ./Wright__K_10181__Web_decision.pdf-remorse on the part of Mr Wright, and the judgment of the panel that the risk of repetition ./Wright__K_10181__Web_decision.pdf-was a significant factor, the panel recommended that a review period would not be ./Wright__K_10181__Web_decision.pdf-appropriate. Consequently, the panel decided that it would be proportionate in all the ./Wright__K_10181__Web_decision.pdf-circumstances for the prohibition order to be recommended without provision for a review ./Wright__K_10181__Web_decision.pdf-period. ./Wright__K_10181__Web_decision.pdf- ./Wright__K_10181__Web_decision.pdf- ./Wright__K_10181__Web_decision.pdf-Decision and reasons on behalf of the Secretary of State ./Wright__K_10181__Web_decision.pdf-I have considered very carefully the findings and recommendations of the panel in this ./Wright__K_10181__Web_decision.pdf-case. I have noted where the panel has made findings of fact and unacceptable ./Wright__K_10181__Web_decision.pdf-professional conduct, and conduct likely to bring the profession into disrepute. I note ./Wright__K_10181__Web_decision.pdf-where the panel has made no such finding and I have put this from my mind. ./Wright__K_10181__Web_decision.pdf- ./Wright__K_10181__Web_decision.pdf-The panel’s judgement, based on its experience of the expected standard of teacher ./Wright__K_10181__Web_decision.pdf-conduct at the material time, is that Mr Wright’s conduct fell significantly short of the ./Wright__K_10181__Web_decision.pdf-standard expected of a teacher. I agree with that view. ./Wright__K_10181__Web_decision.pdf- ./Wright__K_10181__Web_decision.pdf:In conducting the sexual relationship with Pupil A, and by behaving in the way that he did ./Wright__K_10181__Web_decision.pdf-towards both Pupil A and Pupil B, Mr Wright had failed: ./Wright__K_10181__Web_decision.pdf- ./Wright__K_10181__Web_decision.pdf- (a) to demonstrate consistently high standards of personal and professional ./Wright__K_10181__Web_decision.pdf- misconduct; ./Wright__K_10181__Web_decision.pdf- ./Wright__K_10181__Web_decision.pdf- (b) to treat pupils with dignity and to build a relationship rooted in mutual ./Wright__K_10181__Web_decision.pdf- respect; ./Wright__K_10181__Web_decision.pdf- ./Wright__K_10181__Web_decision.pdf- (c) to observe proper boundaries appropriate to his position as a teacher; ./Wright__K_10181__Web_decision.pdf- -- ./Wright__K_10181__Web_decision.pdf- ./Wright__K_10181__Web_decision.pdf- (e) to act as a role model, taking account of the uniquely influential position a ./Wright__K_10181__Web_decision.pdf- teacher can hold in pupil's lives. ./Wright__K_10181__Web_decision.pdf- ./Wright__K_10181__Web_decision.pdf-Whilst such expectations are drawn from the current Teachers' Standards, the panel ./Wright__K_10181__Web_decision.pdf-considered that such standards would also have been an expectation at the time of Mr ./Wright__K_10181__Web_decision.pdf-Wright's inappropriate conduct in 2000/2001. ./Wright__K_10181__Web_decision.pdf- ./Wright__K_10181__Web_decision.pdf-Mr Wright’s conduct represented a gross breach and abuse of the position of trust held ./Wright__K_10181__Web_decision.pdf-by teachers. I note that the panel found Mr Wright’s behaviour deliberate and were struck ./Wright__K_10181__Web_decision.pdf:by the consequences of it. I agree with the panel’s view that sexual misconduct of this ./Wright__K_10181__Web_decision.pdf- ./Wright__K_10181__Web_decision.pdf- 15 ./Wright__K_10181__Web_decision.pdf- -- ./Wright__K_10181__Web_decision.pdf-I have considered the public interest in this case. I agree with the panel that all three of ./Wright__K_10181__Web_decision.pdf-the public interest tests were engaged namely: the protection of pupils; the maintenance ./Wright__K_10181__Web_decision.pdf-of public confidence in the profession, and upholding proper standards of conduct. ./Wright__K_10181__Web_decision.pdf- ./Wright__K_10181__Web_decision.pdf-I note that on the facts, the panel was satisfied that a prohibition order was necessary ./Wright__K_10181__Web_decision.pdf-and proportionate in order to maintain the reputation of the profession and the public’s ./Wright__K_10181__Web_decision.pdf-trust in the profession. I agree with the panel that prohibition is both proportionate and ./Wright__K_10181__Web_decision.pdf-appropriate. ./Wright__K_10181__Web_decision.pdf- ./Wright__K_10181__Web_decision.pdf-I now turn to the matter of a review period. Taking account of the seriousness of the ./Wright__K_10181__Web_decision.pdf:sexual misconduct, the lack of insight or any remorse on the part of Mr Wright, and the ./Wright__K_10181__Web_decision.pdf-judgement of the panel that the risk of repetition was a significant factor, the panel ./Wright__K_10181__Web_decision.pdf-recommended that a review period would not be appropriate. ./Wright__K_10181__Web_decision.pdf- ./Wright__K_10181__Web_decision.pdf:Due to the serious sexual misconduct in this case and for the reasons set out above, I ./Wright__K_10181__Web_decision.pdf-agree with the panel’s recommendation, that a prohibition order should be imposed and ./Wright__K_10181__Web_decision.pdf-that no review period should be allowed. ./Wright__K_10181__Web_decision.pdf- ./Wright__K_10181__Web_decision.pdf-This means that Mr Keith John Wright is prohibited from teaching indefinitely and ./Wright__K_10181__Web_decision.pdf-cannot teach in any school, sixth form college, relevant youth accommodation or ./Wright__K_10181__Web_decision.pdf-children’s home in England. Furthermore, in view of the seriousness of the allegations ./Wright__K_10181__Web_decision.pdf-found proved against him, I have decided that Mr Wright shall not be entitled to apply for ./Wright__K_10181__Web_decision.pdf-restoration of his eligibility to teach. ./Wright__K_10181__Web_decision.pdf- ./Wright__K_10181__Web_decision.pdf-This order takes effect from the date on which it is served on the teacher. ./Wrigley__M_15479_Web_decision.pdf-boundaries and/or appropriate professional standards in that: ./Wrigley__M_15479_Web_decision.pdf- ./Wrigley__M_15479_Web_decision.pdf- 1. In relation to Pupil A (a Year 6 female pupil) he: ./Wrigley__M_15479_Web_decision.pdf- ./Wrigley__M_15479_Web_decision.pdf- a. Displayed favouritism and/or affection; ./Wrigley__M_15479_Web_decision.pdf- ./Wrigley__M_15479_Web_decision.pdf- b. Retained photographs and/or videos of Pupil A on his school iPad without ./Wrigley__M_15479_Web_decision.pdf- legitimate reason; ./Wrigley__M_15479_Web_decision.pdf- ./Wrigley__M_15479_Web_decision.pdf- 2. In relation to Parent X (Pupil A's mother) he sent to and/or received from her text ./Wrigley__M_15479_Web_decision.pdf: messages, incuding sexually explicit text messages in the period May to ./Wrigley__M_15479_Web_decision.pdf- September 2015. ./Wrigley__M_15479_Web_decision.pdf- ./Wrigley__M_15479_Web_decision.pdf- 3. In relation to Pupil B (Pupil A's sister) he exchanged inappropriate text messages ./Wrigley__M_15479_Web_decision.pdf- in the period February to December 2015. ./Wrigley__M_15479_Web_decision.pdf- ./Wrigley__M_15479_Web_decision.pdf-Mr Wrigley did not admit the alleged facts. No admissions were made as to unacceptable ./Wrigley__M_15479_Web_decision.pdf-professional conduct or conduct that may bring the profession into disrepute. ./Wrigley__M_15479_Web_decision.pdf- ./Wrigley__M_15479_Web_decision.pdf- ./Wrigley__M_15479_Web_decision.pdf-C. Preliminary applications -- ./Wrigley__M_15479_Web_decision.pdf-comprised of Year 5 and Year 6 pupils. ./Wrigley__M_15479_Web_decision.pdf- ./Wrigley__M_15479_Web_decision.pdf-Pupil A and her sister, Pupil B, both attended the school from Reception through to Year ./Wrigley__M_15479_Web_decision.pdf-6. Pupil A was taught by Mr Wrigley when she was in Year 5 and during her first term in ./Wrigley__M_15479_Web_decision.pdf-Year 6. Pupil B was not a pupil at the School at the material time and had never been ./Wrigley__M_15479_Web_decision.pdf-taught by Mr Wrigley. It is suggested that Pupil B had a growing friendship with Child G, ./Wrigley__M_15479_Web_decision.pdf-the daughter of Mr Wrigley. ./Wrigley__M_15479_Web_decision.pdf- ./Wrigley__M_15479_Web_decision.pdf-Parent X is the mother of Pupil A and Pupil B. Witness A is the husband of Parent X and ./Wrigley__M_15479_Web_decision.pdf-the father of Pupils A and B. It is alleged that in September 2015, Witness A became ./Wrigley__M_15479_Web_decision.pdf:aware that Mr Wrigley was exchanging text messages with Parent X of a sexually explicit ./Wrigley__M_15479_Web_decision.pdf-nature. When this came to his attention, Witness A arranged to meet with Mr Wrigley on ./Wrigley__M_15479_Web_decision.pdf-3 September 2015. Witness A made a recording and then subsequently prepared a ./Wrigley__M_15479_Web_decision.pdf-transcript of this conversation, which the panel has considered. During the meeting, ./Wrigley__M_15479_Web_decision.pdf-Witness A told Mr Wrigley to stay away from his wife. ./Wrigley__M_15479_Web_decision.pdf- ./Wrigley__M_15479_Web_decision.pdf-A short while later, it is alleged that Witness A became aware of text messages between ./Wrigley__M_15479_Web_decision.pdf-Mr Wrigley and Pupil B. Witness A then went to see the headteacher, Witness B, to ./Wrigley__M_15479_Web_decision.pdf-report his concerns. Witness B determined that an investigation should be conducted. ./Wrigley__M_15479_Web_decision.pdf-During this investigation, statements were obtained from members of staff who ./Wrigley__M_15479_Web_decision.pdf- -- ./Wrigley__M_15479_Web_decision.pdf-The panel is satisfied, on the balance of probabilities, that Mr Wrigley retained ./Wrigley__M_15479_Web_decision.pdf-photographs and videos on his school ipad without legitimate reason for doing so. This ./Wrigley__M_15479_Web_decision.pdf-was in breach of the school's policy. The panel is satisfied that, in acting as he did, Mr ./Wrigley__M_15479_Web_decision.pdf-Wrigley failed to maintain appropriate professional standards. ./Wrigley__M_15479_Web_decision.pdf- ./Wrigley__M_15479_Web_decision.pdf-The panel finds allegation 1.b. proved. ./Wrigley__M_15479_Web_decision.pdf- ./Wrigley__M_15479_Web_decision.pdf- 2. In relation to Parent X (Pupil A's mother) you sent to and/or received from ./Wrigley__M_15479_Web_decision.pdf: her text messages, incuding sexually explicit text messages in the period ./Wrigley__M_15479_Web_decision.pdf- May to September 2015. ./Wrigley__M_15479_Web_decision.pdf- ./Wrigley__M_15479_Web_decision.pdf-The panel has heard evidence from Witness A as to the text messages that he ./Wrigley__M_15479_Web_decision.pdf-discovered and his subsequent conversation with Mr Wrigley. The panel has also ./Wrigley__M_15479_Web_decision.pdf-considered copies of photographs of text messages in the period May to September ./Wrigley__M_15479_Web_decision.pdf-2015. Although Mr Wrigley has not made a formal admission of this allegation, the panel ./Wrigley__M_15479_Web_decision.pdf-noted that, in his written response, he admitted exchanging text messages with Parent X ./Wrigley__M_15479_Web_decision.pdf-in the relevant period. During an investigation meeting on 8 February 2016, Mr Wrigley ./Wrigley__M_15479_Web_decision.pdf-admitted exchanging text messages with Parent X, but initially said that he could not ./Wrigley__M_15479_Web_decision.pdf:recall any of them being sexually explicit. The investigation meeting was then adjourned ./Wrigley__M_15479_Web_decision.pdf-to enable Mr Wrigley to read the messages concerned. After that adjournment, Mr ./Wrigley__M_15479_Web_decision.pdf:Wrigley acknowledged that the messages had become sexually explicit. In the ./Wrigley__M_15479_Web_decision.pdf-investigation meeting, Mr Wrigley stated that he had been exchanging text messages ./Wrigley__M_15479_Web_decision.pdf-with Parent X about hoodies that Parent X and Witness A were organising for pupils who ./Wrigley__M_15479_Web_decision.pdf-were going on a trip to Old Trafford. He said that the hoodies should have been sorted ./Wrigley__M_15479_Web_decision.pdf-before the summer holidays, but as this did not happen, he was exchanging messages ./Wrigley__M_15479_Web_decision.pdf-with Parent X during the summer holiday period. When asked how text messages about ./Wrigley__M_15479_Web_decision.pdf:hoodies had become sexually explicit, Mr Wrigley stated that they were discussing their ./Wrigley__M_15479_Web_decision.pdf-home lives and that Parent X was aware of his family background and that Parent X said ./Wrigley__M_15479_Web_decision.pdf-that she was fed up and alone at night. When asked at what point he became aware that ./Wrigley__M_15479_Web_decision.pdf-the exchanges had gone beyond appropriate communication between a parent and a ./Wrigley__M_15479_Web_decision.pdf-teacher, Mr Wrigley responded that it was when Witness A arranged to meet him. ./Wrigley__M_15479_Web_decision.pdf- ./Wrigley__M_15479_Web_decision.pdf-The panel has considered the content of the text messages. The panel notes that they ./Wrigley__M_15479_Web_decision.pdf-were of an intimate nature and exchanged late at night. The panel is satisfied that the ./Wrigley__M_15479_Web_decision.pdf:messages were sexually explicit. ./Wrigley__M_15479_Web_decision.pdf- ./Wrigley__M_15479_Web_decision.pdf-Although the panel is satisfied of the facts alleged in allegation 2, the panel has also had ./Wrigley__M_15479_Web_decision.pdf-regard to the overarching part of the allegation and considered whether the actions of Mr ./Wrigley__M_15479_Web_decision.pdf-Wrigley represented a failure to maintain appropriate professional boundaries and/or ./Wrigley__M_15479_Web_decision.pdf-appropriate professional standards. While the panel found Mr Wrigley's behaviour as ./Wrigley__M_15479_Web_decision.pdf-highly inadvisable, it did not feel this behaviour breached professional standards or ./Wrigley__M_15479_Web_decision.pdf-professional boundaries as it did not involve pupils or teaching. ./Wrigley__M_15479_Web_decision.pdf- ./Wrigley__M_15479_Web_decision.pdf-The panel, therefore, finds allegation 2 not proved. ./Wrigley__M_15479_Web_decision.pdf- -- ./Wrigley__M_15479_Web_decision.pdf-messages that must have been sent by Mr Wrigley. The panel is satisfied, on the balance ./Wrigley__M_15479_Web_decision.pdf-of probabilities, that the majority of messages had been written by Mr Wrigley. ./Wrigley__M_15479_Web_decision.pdf- ./Wrigley__M_15479_Web_decision.pdf-The panel has taken into account the fact that Pupil B attended the same school as Mr ./Wrigley__M_15479_Web_decision.pdf-Wrigley's daughter and some of the messages related to them traveling to school ./Wrigley__M_15479_Web_decision.pdf-together. However, the panel also noted that the messages included one from Mr Wrigley ./Wrigley__M_15479_Web_decision.pdf-in which he was instigating a sleepover with his daughter and Pupil B during the holiday ./Wrigley__M_15479_Web_decision.pdf-period. Other messages contained references to Pupil A, including mention of Pupil A's ./Wrigley__M_15479_Web_decision.pdf-school report and birthday. The panel also noted that Mr Wrigley continued to ./Wrigley__M_15479_Web_decision.pdf-communicate with Pupil B by text message despite Witness A's meeting with Mr Wrigley ./Wrigley__M_15479_Web_decision.pdf:on 3 September 2015. Although the focus of that meeting had been Mr Wrigley's sexually ./Wrigley__M_15479_Web_decision.pdf-explicit messages to Parent X, the transcript of the meeting shows that Witness A told Mr ./Wrigley__M_15479_Web_decision.pdf-Wrigley about the impact of the discovery of those messages on his family. ./Wrigley__M_15479_Web_decision.pdf- ./Wrigley__M_15479_Web_decision.pdf-The panel is satisfied that the text messages exchanged by Mr Wrigley with Pupil B were ./Wrigley__M_15479_Web_decision.pdf-inappropriate in view of the overfamiliar content, including the references to Pupil A. In ./Wrigley__M_15479_Web_decision.pdf-the panel's view, it was particularly inappropriate that Mr Wrigley should continue to ./Wrigley__M_15479_Web_decision.pdf-exchange such messages after he had been spoken to by Witness A. ./Wrigley__M_15479_Web_decision.pdf- ./Wrigley__M_15479_Web_decision.pdf-The panel finds allegation 3 proved. ./Wrigley__M_15479_Web_decision.pdf- -- ./Wrigley__M_15479_Web_decision.pdf-Similarly, the panel considers that public confidence in the profession could be seriously ./Wrigley__M_15479_Web_decision.pdf-weakened if conduct such as that found against Mr Wrigley were not treated with the ./Wrigley__M_15479_Web_decision.pdf-utmost seriousness when regulating the conduct of the profession. ./Wrigley__M_15479_Web_decision.pdf- ./Wrigley__M_15479_Web_decision.pdf-The panel considered that a strong public interest consideration in declaring proper ./Wrigley__M_15479_Web_decision.pdf-standards of conduct in the profession was also present as the conduct found against Mr ./Wrigley__M_15479_Web_decision.pdf-Wrigley was outside that which could reasonably be tolerated. ./Wrigley__M_15479_Web_decision.pdf- ./Wrigley__M_15479_Web_decision.pdf-The panel has taken into account the fact that it has not been alleged that Mr Wrigley's ./Wrigley__M_15479_Web_decision.pdf:actions found proved in 1.a. and 1.b. and 3 were sexually motivated. ./Wrigley__M_15479_Web_decision.pdf- ./Wrigley__M_15479_Web_decision.pdf-Notwithstanding the clear public interest considerations that were present, the panel ./Wrigley__M_15479_Web_decision.pdf-considered carefully whether or not it would be proportionate to impose a prohibition ./Wrigley__M_15479_Web_decision.pdf-order taking into account the effect that this would have on Mr Wrigley. In doing so, the ./Wrigley__M_15479_Web_decision.pdf-panel recognised that a prohibition order should only be imposed if such an order is ./Wrigley__M_15479_Web_decision.pdf-necessary to protect the public interest. The panel also accepted that there may be ./Wrigley__M_15479_Web_decision.pdf-circumstances in which there is a public interest in an effective teacher being able to ./Wrigley__M_15479_Web_decision.pdf-continue in their chosen profession. ./Wrigley__M_15479_Web_decision.pdf- ./Wrigley__M_15479_Web_decision.pdf-In carrying out the balancing exercise the panel has considered the public interest ./_OFFICAL_SENSITIVE__Stevens__Paul_SoS_Decision.pdf:This was a case concerning offences involving violence (specifically assault) / sexual ./_OFFICAL_SENSITIVE__Stevens__Paul_SoS_Decision.pdf:activity / sexual communication with a child / child cruelty and/or neglect/ controlling or ./_OFFICAL_SENSITIVE__Stevens__Paul_SoS_Decision.pdf-coercive behaviour. The Advice indicates that a conviction for any offence that relates to ./_OFFICAL_SENSITIVE__Stevens__Paul_SoS_Decision.pdf-or involves such offences is likely to be considered “a relevant offence”. ./_OFFICAL_SENSITIVE__Stevens__Paul_SoS_Decision.pdf- ./_OFFICAL_SENSITIVE__Stevens__Paul_SoS_Decision.pdf-The panel considered that this was a very serious case involving numerous, significant ./_OFFICAL_SENSITIVE__Stevens__Paul_SoS_Decision.pdf-offences – all of which were to be considered relevant. ./_OFFICAL_SENSITIVE__Stevens__Paul_SoS_Decision.pdf- ./_OFFICAL_SENSITIVE__Stevens__Paul_SoS_Decision.pdf-Mr Stevens offered no mitigation in respect of his actions but did state he was remorseful and ./_OFFICAL_SENSITIVE__Stevens__Paul_SoS_Decision.pdf-pleaded guilty to the criminal offences committed. ./_OFFICAL_SENSITIVE__Stevens__Paul_SoS_Decision.pdf- ./_OFFICAL_SENSITIVE__Stevens__Paul_SoS_Decision.pdf- -- ./_OFFICAL_SENSITIVE__Stevens__Paul_SoS_Decision.pdf-behaviour and any mitigation offered by Mr Stevens and whether a prohibition order is ./_OFFICAL_SENSITIVE__Stevens__Paul_SoS_Decision.pdf-necessary and proportionate. Prohibition orders should not be given in order to be ./_OFFICAL_SENSITIVE__Stevens__Paul_SoS_Decision.pdf-punitive, or to show that blame has been apportioned, although they are likely to have ./_OFFICAL_SENSITIVE__Stevens__Paul_SoS_Decision.pdf-punitive effect. ./_OFFICAL_SENSITIVE__Stevens__Paul_SoS_Decision.pdf- ./_OFFICAL_SENSITIVE__Stevens__Paul_SoS_Decision.pdf-The panel had regard to the particular public interest considerations set out in the Advice ./_OFFICAL_SENSITIVE__Stevens__Paul_SoS_Decision.pdf-and, having done so, found a number of them to be relevant in this case, namely: the ./_OFFICAL_SENSITIVE__Stevens__Paul_SoS_Decision.pdf-safeguarding and wellbeing of pupils; the maintenance of public confidence in the ./_OFFICAL_SENSITIVE__Stevens__Paul_SoS_Decision.pdf-profession; and declaring and upholding proper standards of conduct. ./_OFFICAL_SENSITIVE__Stevens__Paul_SoS_Decision.pdf- ./_OFFICAL_SENSITIVE__Stevens__Paul_SoS_Decision.pdf:In the light of the panel’s findings against Mr Stevens, which involved numerous sexual ./_OFFICAL_SENSITIVE__Stevens__Paul_SoS_Decision.pdf-offences against children which were his pupils, there was a strong public interest ./_OFFICAL_SENSITIVE__Stevens__Paul_SoS_Decision.pdf-consideration in respect of the safeguarding and wellbeing of pupils, given the serious ./_OFFICAL_SENSITIVE__Stevens__Paul_SoS_Decision.pdf-findings of inappropriate relationships with children. Similarly, the panel considered that ./_OFFICAL_SENSITIVE__Stevens__Paul_SoS_Decision.pdf-public confidence in the profession could be seriously weakened if conduct such as that ./_OFFICAL_SENSITIVE__Stevens__Paul_SoS_Decision.pdf-found against Mr Stevens were not treated with the utmost seriousness when regulating ./_OFFICAL_SENSITIVE__Stevens__Paul_SoS_Decision.pdf-the conduct of the profession. ./_OFFICAL_SENSITIVE__Stevens__Paul_SoS_Decision.pdf- ./_OFFICAL_SENSITIVE__Stevens__Paul_SoS_Decision.pdf-The panel was of the view that a strong public interest consideration in declaring proper ./_OFFICAL_SENSITIVE__Stevens__Paul_SoS_Decision.pdf-standards of conduct in the profession was also present as the conduct found against Mr ./_OFFICAL_SENSITIVE__Stevens__Paul_SoS_Decision.pdf-Stevens was far outside that which could reasonably be tolerated. -- ./_OFFICAL_SENSITIVE__Stevens__Paul_SoS_Decision.pdf- the commission of a serious criminal offence, including those that resulted in a ./_OFFICAL_SENSITIVE__Stevens__Paul_SoS_Decision.pdf- conviction or caution, paying particular attention to offences that are “relevant ./_OFFICAL_SENSITIVE__Stevens__Paul_SoS_Decision.pdf- matters” for the purposes of the Police Act 1997 and criminal record disclosure; ./_OFFICAL_SENSITIVE__Stevens__Paul_SoS_Decision.pdf- ./_OFFICAL_SENSITIVE__Stevens__Paul_SoS_Decision.pdf- misconduct seriously affecting the education and/or safeguarding and well-being of ./_OFFICAL_SENSITIVE__Stevens__Paul_SoS_Decision.pdf- pupils, and particularly where there is a continuing risk; ./_OFFICAL_SENSITIVE__Stevens__Paul_SoS_Decision.pdf- ./_OFFICAL_SENSITIVE__Stevens__Paul_SoS_Decision.pdf- abuse of position or trust (particularly involving vulnerable pupils) ./_OFFICAL_SENSITIVE__Stevens__Paul_SoS_Decision.pdf- ./_OFFICAL_SENSITIVE__Stevens__Paul_SoS_Decision.pdf- an abuse of any trust, knowledge, or influence gained through their professional ./_OFFICAL_SENSITIVE__Stevens__Paul_SoS_Decision.pdf: position in order to advance a romantic or sexual relationship with a pupil or former ./_OFFICAL_SENSITIVE__Stevens__Paul_SoS_Decision.pdf- pupil; ./_OFFICAL_SENSITIVE__Stevens__Paul_SoS_Decision.pdf- ./_OFFICAL_SENSITIVE__Stevens__Paul_SoS_Decision.pdf: sexual misconduct, for example, involving actions that were sexually motivated or of a ./_OFFICAL_SENSITIVE__Stevens__Paul_SoS_Decision.pdf: sexual nature and/or that use or exploit the trust, knowledge or influence derived ./_OFFICAL_SENSITIVE__Stevens__Paul_SoS_Decision.pdf- from the individual’s professional position; ./_OFFICAL_SENSITIVE__Stevens__Paul_SoS_Decision.pdf- ./_OFFICAL_SENSITIVE__Stevens__Paul_SoS_Decision.pdf- failure in their duty of care towards a child, including exposing a child to risk or failing ./_OFFICAL_SENSITIVE__Stevens__Paul_SoS_Decision.pdf- to promote the safety and welfare of the children (as set out in Part 1 of KCSIE); ./_OFFICAL_SENSITIVE__Stevens__Paul_SoS_Decision.pdf- ./_OFFICAL_SENSITIVE__Stevens__Paul_SoS_Decision.pdf- violation of the rights of pupils; ./_OFFICAL_SENSITIVE__Stevens__Paul_SoS_Decision.pdf- ./_OFFICAL_SENSITIVE__Stevens__Paul_SoS_Decision.pdf- deliberate behaviour that undermines pupils, the profession, the school or colleagues; ./_OFFICAL_SENSITIVE__Stevens__Paul_SoS_Decision.pdf- and ./_OFFICAL_SENSITIVE__Stevens__Paul_SoS_Decision.pdf- -- ./_OFFICAL_SENSITIVE__Stevens__Paul_SoS_Decision.pdf-that a prohibition order should be imposed with immediate effect. ./_OFFICAL_SENSITIVE__Stevens__Paul_SoS_Decision.pdf- ./_OFFICAL_SENSITIVE__Stevens__Paul_SoS_Decision.pdf-The panel went on to consider whether or not it would be appropriate for it to decide to ./_OFFICAL_SENSITIVE__Stevens__Paul_SoS_Decision.pdf-recommend a review period of the order. The panel was mindful that the Advice states ./_OFFICAL_SENSITIVE__Stevens__Paul_SoS_Decision.pdf-that a prohibition order applies for life, but there may be circumstances, in any given ./_OFFICAL_SENSITIVE__Stevens__Paul_SoS_Decision.pdf-case, that may make it appropriate to allow a teacher to apply to have the prohibition ./_OFFICAL_SENSITIVE__Stevens__Paul_SoS_Decision.pdf-order reviewed after a specified period of time that may not be less than 2 years. ./_OFFICAL_SENSITIVE__Stevens__Paul_SoS_Decision.pdf- ./_OFFICAL_SENSITIVE__Stevens__Paul_SoS_Decision.pdf-The Advice indicates that there are cases involving certain conduct where it is likely that ./_OFFICAL_SENSITIVE__Stevens__Paul_SoS_Decision.pdf-the public interest will have greater relevance and weigh in favour of not offering a review ./_OFFICAL_SENSITIVE__Stevens__Paul_SoS_Decision.pdf:period. These cases include: serious sexual misconduct, for example where the act was ./_OFFICAL_SENSITIVE__Stevens__Paul_SoS_Decision.pdf:sexually motivated and resulted in, or had the potential to result in, harm to a person or ./_OFFICAL_SENSITIVE__Stevens__Paul_SoS_Decision.pdf-persons, particularly where the individual has used his professional position to influence ./_OFFICAL_SENSITIVE__Stevens__Paul_SoS_Decision.pdf:or exploit a person or persons; and any sexual misconduct involving a child. The panel ./_OFFICAL_SENSITIVE__Stevens__Paul_SoS_Decision.pdf:found that Mr Stevens was responsible for a number of sexual assaults against children ./_OFFICAL_SENSITIVE__Stevens__Paul_SoS_Decision.pdf-who were his pupils and underage, taking place over a number of years and on a ./_OFFICAL_SENSITIVE__Stevens__Paul_SoS_Decision.pdf-repeated basis. ./_OFFICAL_SENSITIVE__Stevens__Paul_SoS_Decision.pdf- ./_OFFICAL_SENSITIVE__Stevens__Paul_SoS_Decision.pdf-As discussed above, the panel did not find any mitigating circumstances. Mr Stevens ./_OFFICAL_SENSITIVE__Stevens__Paul_SoS_Decision.pdf-appeared to show no insight and little remorse for his actions. The panel therefore ./_OFFICAL_SENSITIVE__Stevens__Paul_SoS_Decision.pdf-considered that there was a risk that such behaviour may be repeated by Mr Stevens. ./_OFFICAL_SENSITIVE__Stevens__Paul_SoS_Decision.pdf- ./_OFFICAL_SENSITIVE__Stevens__Paul_SoS_Decision.pdf-The panel decided that the findings indicated a situation in which a review period would ./_OFFICAL_SENSITIVE__Stevens__Paul_SoS_Decision.pdf-not be appropriate and, as such, decided that it would be proportionate, in all the ./_OFFICAL_SENSITIVE__Stevens__Paul_SoS_Decision.pdf- -- ./_OFFICAL_SENSITIVE__Stevens__Paul_SoS_Decision.pdf-contrary to statutory frameworks in committing numerous criminal offences.” ./_OFFICAL_SENSITIVE__Stevens__Paul_SoS_Decision.pdf- ./_OFFICAL_SENSITIVE__Stevens__Paul_SoS_Decision.pdf-The panel was satisfied that the conduct of Mr Stevens, involved breaches of the ./_OFFICAL_SENSITIVE__Stevens__Paul_SoS_Decision.pdf-responsibilities and duties set out in statutory guidance Keeping children safe in ./_OFFICAL_SENSITIVE__Stevens__Paul_SoS_Decision.pdf-education (KCSIE). ./_OFFICAL_SENSITIVE__Stevens__Paul_SoS_Decision.pdf- ./_OFFICAL_SENSITIVE__Stevens__Paul_SoS_Decision.pdf-The panel finds that the conduct of Mr Stevens fell significantly short of the standards ./_OFFICAL_SENSITIVE__Stevens__Paul_SoS_Decision.pdf-expected of the profession. ./_OFFICAL_SENSITIVE__Stevens__Paul_SoS_Decision.pdf- ./_OFFICAL_SENSITIVE__Stevens__Paul_SoS_Decision.pdf-The findings of misconduct are particularly serious as they include a findings which ./_OFFICAL_SENSITIVE__Stevens__Paul_SoS_Decision.pdf:involved numerous sexual offences against children which were his pupils. ./_OFFICAL_SENSITIVE__Stevens__Paul_SoS_Decision.pdf- ./_OFFICAL_SENSITIVE__Stevens__Paul_SoS_Decision.pdf-I have to determine whether the imposition of a prohibition order is proportionate and in ./_OFFICAL_SENSITIVE__Stevens__Paul_SoS_Decision.pdf-the public interest. In considering that for this case, I have considered the overall aim of a ./_OFFICAL_SENSITIVE__Stevens__Paul_SoS_Decision.pdf-prohibition order which is to protect pupils and to maintain public confidence in the ./_OFFICAL_SENSITIVE__Stevens__Paul_SoS_Decision.pdf-profession. I have considered the extent to which a prohibition order in this case would ./_OFFICAL_SENSITIVE__Stevens__Paul_SoS_Decision.pdf-achieve that aim taking into account the impact that it will have on the individual teacher. ./_OFFICAL_SENSITIVE__Stevens__Paul_SoS_Decision.pdf- ./_OFFICAL_SENSITIVE__Stevens__Paul_SoS_Decision.pdf- ./_OFFICAL_SENSITIVE__Stevens__Paul_SoS_Decision.pdf- 12 ./_OFFICAL_SENSITIVE__Stevens__Paul_SoS_Decision.pdf- -- ./_OFFICAL_SENSITIVE__Stevens__Paul_SoS_Decision.pdf-I have also asked myself, whether a less intrusive measure, such as the published ./_OFFICAL_SENSITIVE__Stevens__Paul_SoS_Decision.pdf-finding of a relevant offence, would itself be sufficient to achieve the overall aim. I have to ./_OFFICAL_SENSITIVE__Stevens__Paul_SoS_Decision.pdf-consider whether the consequences of such a publication are themselves sufficient. I ./_OFFICAL_SENSITIVE__Stevens__Paul_SoS_Decision.pdf-have considered therefore whether or not prohibiting Mr Stevens, and the impact that will ./_OFFICAL_SENSITIVE__Stevens__Paul_SoS_Decision.pdf-have on the teacher, is proportionate and in the public interest. ./_OFFICAL_SENSITIVE__Stevens__Paul_SoS_Decision.pdf- ./_OFFICAL_SENSITIVE__Stevens__Paul_SoS_Decision.pdf-In this case, I have considered the extent to which a prohibition order would protect ./_OFFICAL_SENSITIVE__Stevens__Paul_SoS_Decision.pdf-children and safeguard pupils. The panel has observed, “In the light of the panel’s ./_OFFICAL_SENSITIVE__Stevens__Paul_SoS_Decision.pdf:findings against Mr Stevens, which involved numerous sexual offences against children ./_OFFICAL_SENSITIVE__Stevens__Paul_SoS_Decision.pdf-which were his pupils, there was a strong public interest consideration in respect of the ./_OFFICAL_SENSITIVE__Stevens__Paul_SoS_Decision.pdf-safeguarding and wellbeing of pupils, given the serious findings of inappropriate ./_OFFICAL_SENSITIVE__Stevens__Paul_SoS_Decision.pdf-relationships with children.” A prohibition order would therefore prevent such a risk from ./_OFFICAL_SENSITIVE__Stevens__Paul_SoS_Decision.pdf-being present in the future. ./_OFFICAL_SENSITIVE__Stevens__Paul_SoS_Decision.pdf- ./_OFFICAL_SENSITIVE__Stevens__Paul_SoS_Decision.pdf-I have also taken into account the panel’s comments on insight and remorse, set out as ./_OFFICAL_SENSITIVE__Stevens__Paul_SoS_Decision.pdf-follows, “Mr Stevens offered no mitigation in respect of his actions but did state he was ./_OFFICAL_SENSITIVE__Stevens__Paul_SoS_Decision.pdf-remorseful and pleaded guilty to the criminal offences committed.” In my judgement, the ./_OFFICAL_SENSITIVE__Stevens__Paul_SoS_Decision.pdf-lack of full insight means that there is some risk of the repetition of this behaviour and this ./_OFFICAL_SENSITIVE__Stevens__Paul_SoS_Decision.pdf-puts at risk the future wellbeing of pupils’. I have therefore given this element ./_OFFICAL_SENSITIVE__Stevens__Paul_SoS_Decision.pdf-considerable weight in reaching my decision. ./_OFFICAL_SENSITIVE__Stevens__Paul_SoS_Decision.pdf- ./_OFFICAL_SENSITIVE__Stevens__Paul_SoS_Decision.pdf-I have gone on to consider the extent to which a prohibition order would maintain public ./_OFFICAL_SENSITIVE__Stevens__Paul_SoS_Decision.pdf-confidence in the profession. The panel observe, “The panel also took account of the way ./_OFFICAL_SENSITIVE__Stevens__Paul_SoS_Decision.pdf-the teaching profession is viewed by others. The panel considered that Mr Stevens’ ./_OFFICAL_SENSITIVE__Stevens__Paul_SoS_Decision.pdf-behaviour in committing the offences would be likely to affect public confidence in the ./_OFFICAL_SENSITIVE__Stevens__Paul_SoS_Decision.pdf-teaching profession.” In addition “the panel considered that public confidence in the ./_OFFICAL_SENSITIVE__Stevens__Paul_SoS_Decision.pdf-profession could be seriously weakened if conduct such as that found against Mr ./_OFFICAL_SENSITIVE__Stevens__Paul_SoS_Decision.pdf-Stevens were not treated with the utmost seriousness when regulating the conduct of the ./_OFFICAL_SENSITIVE__Stevens__Paul_SoS_Decision.pdf:profession.” I am particularly mindful of sexual offences involving children in this case ./_OFFICAL_SENSITIVE__Stevens__Paul_SoS_Decision.pdf-and the impact that such a finding has on the reputation of the profession. ./_OFFICAL_SENSITIVE__Stevens__Paul_SoS_Decision.pdf- ./_OFFICAL_SENSITIVE__Stevens__Paul_SoS_Decision.pdf-I have had to consider that the public has a high expectation of professional standards of ./_OFFICAL_SENSITIVE__Stevens__Paul_SoS_Decision.pdf-all teachers and that the public might regard a failure to impose a prohibition order as a ./_OFFICAL_SENSITIVE__Stevens__Paul_SoS_Decision.pdf-failure to uphold those high standards. In weighing these considerations, I have had to ./_OFFICAL_SENSITIVE__Stevens__Paul_SoS_Decision.pdf-consider the matter from the point of view of an “ordinary intelligent and well-informed ./_OFFICAL_SENSITIVE__Stevens__Paul_SoS_Decision.pdf-citizen.” ./_OFFICAL_SENSITIVE__Stevens__Paul_SoS_Decision.pdf- ./_OFFICAL_SENSITIVE__Stevens__Paul_SoS_Decision.pdf-I have considered whether the publication of a finding of a relevant conviction, in the ./_OFFICAL_SENSITIVE__Stevens__Paul_SoS_Decision.pdf-absence of a prohibition order, can itself be regarded by such a person as being a -- ./_OFFICAL_SENSITIVE__Stevens__Paul_SoS_Decision.pdf-order would also clearly deprive the public of his contribution to the profession for the ./_OFFICAL_SENSITIVE__Stevens__Paul_SoS_Decision.pdf-period that it is in force. ./_OFFICAL_SENSITIVE__Stevens__Paul_SoS_Decision.pdf- ./_OFFICAL_SENSITIVE__Stevens__Paul_SoS_Decision.pdf-In this case, I have placed considerable weight on the panel’s comments concerning the ./_OFFICAL_SENSITIVE__Stevens__Paul_SoS_Decision.pdf-lack of insight or remorse. The panel has said, “Although Mr Stevens made a statement ./_OFFICAL_SENSITIVE__Stevens__Paul_SoS_Decision.pdf-that he was remorseful for his actions, the panel found that no mitigation was offered by ./_OFFICAL_SENSITIVE__Stevens__Paul_SoS_Decision.pdf-Mr Stevens for his actions, nor was there evidence that Mr Stevens had a degree of ./_OFFICAL_SENSITIVE__Stevens__Paul_SoS_Decision.pdf-insight into the impact of his actions.” ./_OFFICAL_SENSITIVE__Stevens__Paul_SoS_Decision.pdf- ./_OFFICAL_SENSITIVE__Stevens__Paul_SoS_Decision.pdf-I have also placed considerable weight on the finding of the panel that “This was a case ./_OFFICAL_SENSITIVE__Stevens__Paul_SoS_Decision.pdf:concerning offences involving violence (specifically assault) / sexual activity / sexual ./_OFFICAL_SENSITIVE__Stevens__Paul_SoS_Decision.pdf-communication with a child / child cruelty and/or neglect/ controlling or coercive ./_OFFICAL_SENSITIVE__Stevens__Paul_SoS_Decision.pdf-behaviour. The Advice indicates that a conviction for any offence that relates to or ./_OFFICAL_SENSITIVE__Stevens__Paul_SoS_Decision.pdf-involves such offences is likely to be considered “a relevant offence”. ./_OFFICAL_SENSITIVE__Stevens__Paul_SoS_Decision.pdf- ./_OFFICAL_SENSITIVE__Stevens__Paul_SoS_Decision.pdf-I have given less weight in my consideration of sanction therefore, to the contribution that ./_OFFICAL_SENSITIVE__Stevens__Paul_SoS_Decision.pdf-Mr Stevens has made to the profession. In my view, it is necessary to impose a ./_OFFICAL_SENSITIVE__Stevens__Paul_SoS_Decision.pdf-prohibition order in order to maintain public confidence in the profession. A published ./_OFFICAL_SENSITIVE__Stevens__Paul_SoS_Decision.pdf-decision, in light of the circumstances in this case, that is not backed up by full remorse ./_OFFICAL_SENSITIVE__Stevens__Paul_SoS_Decision.pdf-or insight, does not in my view satisfy the public interest requirement concerning public ./_OFFICAL_SENSITIVE__Stevens__Paul_SoS_Decision.pdf-confidence in the profession. ./_OFFICAL_SENSITIVE__Stevens__Paul_SoS_Decision.pdf- ./_OFFICAL_SENSITIVE__Stevens__Paul_SoS_Decision.pdf:The published Advice is clear when considering cases of serious sexual misconduct, ./_OFFICAL_SENSITIVE__Stevens__Paul_SoS_Decision.pdf:particularly those involving children. Mr Stevens was responsible for sexual assaults with ./_OFFICAL_SENSITIVE__Stevens__Paul_SoS_Decision.pdf-children in his care and over a number of years, which ultimately led to a sentence of ./_OFFICAL_SENSITIVE__Stevens__Paul_SoS_Decision.pdf-imprisonment. ./_OFFICAL_SENSITIVE__Stevens__Paul_SoS_Decision.pdf- ./_OFFICAL_SENSITIVE__Stevens__Paul_SoS_Decision.pdf-For these reasons, I have concluded that a prohibition order is proportionate and in the ./_OFFICAL_SENSITIVE__Stevens__Paul_SoS_Decision.pdf-public interest in order to achieve the intended aims of a prohibition order. ./_OFFICAL_SENSITIVE__Stevens__Paul_SoS_Decision.pdf- ./_OFFICAL_SENSITIVE__Stevens__Paul_SoS_Decision.pdf-I have gone on to consider the matter of a review period. In this case, the panel has ./_OFFICAL_SENSITIVE__Stevens__Paul_SoS_Decision.pdf-recommended that no provision should be made for a review period. ./_OFFICAL_SENSITIVE__Stevens__Paul_SoS_Decision.pdf- ./_OFFICAL_SENSITIVE__Stevens__Paul_SoS_Decision.pdf-I have considered the panel’s comments “The Advice indicates that there are cases ./_OFFICAL_SENSITIVE__Stevens__Paul_SoS_Decision.pdf-involving certain conduct where it is likely that the public interest will have greater ./_OFFICAL_SENSITIVE__Stevens__Paul_SoS_Decision.pdf-relevance and weigh in favour of not offering a review period. These cases include: ./_OFFICAL_SENSITIVE__Stevens__Paul_SoS_Decision.pdf:serious sexual misconduct, for example where the act was sexually motivated and ./_OFFICAL_SENSITIVE__Stevens__Paul_SoS_Decision.pdf-resulted in, or had the potential to result in, harm to a person or persons, particularly ./_OFFICAL_SENSITIVE__Stevens__Paul_SoS_Decision.pdf-where the individual has used his professional position to influence or exploit a person or ./_OFFICAL_SENSITIVE__Stevens__Paul_SoS_Decision.pdf:persons; and any sexual misconduct involving a child. The panel found that Mr Stevens ./_OFFICAL_SENSITIVE__Stevens__Paul_SoS_Decision.pdf:was responsible for a number of sexual assaults against children who were his pupils ./_OFFICAL_SENSITIVE__Stevens__Paul_SoS_Decision.pdf-and underage, taking place over a number of years and on a repeated basis.” The panel ./_OFFICAL_SENSITIVE__Stevens__Paul_SoS_Decision.pdf-has also said that they “did not find any mitigating circumstances. Mr Stevens appeared ./_OFFICAL_SENSITIVE__Stevens__Paul_SoS_Decision.pdf-to show no insight and little remorse for his actions. The panel therefore considered that ./_OFFICAL_SENSITIVE__Stevens__Paul_SoS_Decision.pdf-there was a risk that such behaviour may be repeated by Mr Stevens.” ./_OFFICAL_SENSITIVE__Stevens__Paul_SoS_Decision.pdf- ./_OFFICAL_SENSITIVE__Stevens__Paul_SoS_Decision.pdf- ./_OFFICAL_SENSITIVE__Stevens__Paul_SoS_Decision.pdf- 14 ./_OFFICAL_SENSITIVE__Stevens__Paul_SoS_Decision.pdf- ./_OFFICIAL_-_SENSITIVE__Sutcliffe_Joshua_SOS_Decision_Formatted_0.1.pdf- ./_OFFICIAL_-_SENSITIVE__Sutcliffe_Joshua_SOS_Decision_Formatted_0.1.pdf-a) On one or more occasions, failed to use Pupil A’s preferred pronoun, including: ./_OFFICIAL_-_SENSITIVE__Sutcliffe_Joshua_SOS_Decision_Formatted_0.1.pdf- ./_OFFICIAL_-_SENSITIVE__Sutcliffe_Joshua_SOS_Decision_Formatted_0.1.pdf- i. In the classroom during teaching; ./_OFFICIAL_-_SENSITIVE__Sutcliffe_Joshua_SOS_Decision_Formatted_0.1.pdf- ./_OFFICIAL_-_SENSITIVE__Sutcliffe_Joshua_SOS_Decision_Formatted_0.1.pdf- ii. Whilst appearing on a nationally televised programme “This Morning”; ./_OFFICIAL_-_SENSITIVE__Sutcliffe_Joshua_SOS_Decision_Formatted_0.1.pdf- ./_OFFICIAL_-_SENSITIVE__Sutcliffe_Joshua_SOS_Decision_Formatted_0.1.pdf- iii. Within an email to the school, dated 8 December 2017; ./_OFFICIAL_-_SENSITIVE__Sutcliffe_Joshua_SOS_Decision_Formatted_0.1.pdf- ./_OFFICIAL_-_SENSITIVE__Sutcliffe_Joshua_SOS_Decision_Formatted_0.1.pdf-b) On one or more occasions, expressed his views to pupils on the wrongfulness of equal ./_OFFICIAL_-_SENSITIVE__Sutcliffe_Joshua_SOS_Decision_Formatted_0.1.pdf:marriage and/or homosexuality during Maths lessons, by making the following comments, ./_OFFICIAL_-_SENSITIVE__Sutcliffe_Joshua_SOS_Decision_Formatted_0.1.pdf-or comments to the effect of: ./_OFFICIAL_-_SENSITIVE__Sutcliffe_Joshua_SOS_Decision_Formatted_0.1.pdf- ./_OFFICIAL_-_SENSITIVE__Sutcliffe_Joshua_SOS_Decision_Formatted_0.1.pdf- i. He was against gay marriage; ./_OFFICIAL_-_SENSITIVE__Sutcliffe_Joshua_SOS_Decision_Formatted_0.1.pdf- ./_OFFICIAL_-_SENSITIVE__Sutcliffe_Joshua_SOS_Decision_Formatted_0.1.pdf- ii. Person D through God had stopped being gay as it was wrong. ./_OFFICIAL_-_SENSITIVE__Sutcliffe_Joshua_SOS_Decision_Formatted_0.1.pdf- ./_OFFICIAL_-_SENSITIVE__Sutcliffe_Joshua_SOS_Decision_Formatted_0.1.pdf-2. whilst employed as a Maths teacher at St Aloysius College, Islington, between ./_OFFICIAL_-_SENSITIVE__Sutcliffe_Joshua_SOS_Decision_Formatted_0.1.pdf-September 2018 and November 2018, he engaged in inappropriate and/or ./_OFFICIAL_-_SENSITIVE__Sutcliffe_Joshua_SOS_Decision_Formatted_0.1.pdf-unprofessional behaviour, including by: ./_OFFICIAL_-_SENSITIVE__Sutcliffe_Joshua_SOS_Decision_Formatted_0.1.pdf- -- ./_OFFICIAL_-_SENSITIVE__Sutcliffe_Joshua_SOS_Decision_Formatted_0.1.pdf-The panel noted that Mr Sutcliffe wrote in the email ‘I referred to the ‘transgender’ pupil ./_OFFICIAL_-_SENSITIVE__Sutcliffe_Joshua_SOS_Decision_Formatted_0.1.pdf-only by her chosen name and avoided using any gender-specific pronouns referring to ./_OFFICIAL_-_SENSITIVE__Sutcliffe_Joshua_SOS_Decision_Formatted_0.1.pdf-her.’ ./_OFFICIAL_-_SENSITIVE__Sutcliffe_Joshua_SOS_Decision_Formatted_0.1.pdf- ./_OFFICIAL_-_SENSITIVE__Sutcliffe_Joshua_SOS_Decision_Formatted_0.1.pdf-In light of the contents of this email the panel found Mr Sutcliffe had failed to use Pupil ./_OFFICIAL_-_SENSITIVE__Sutcliffe_Joshua_SOS_Decision_Formatted_0.1.pdf-A’s preferred pronoun within an email to the school on 8 December 2017. ./_OFFICIAL_-_SENSITIVE__Sutcliffe_Joshua_SOS_Decision_Formatted_0.1.pdf- ./_OFFICIAL_-_SENSITIVE__Sutcliffe_Joshua_SOS_Decision_Formatted_0.1.pdf-The panel found this allegation proven. ./_OFFICIAL_-_SENSITIVE__Sutcliffe_Joshua_SOS_Decision_Formatted_0.1.pdf- ./_OFFICIAL_-_SENSITIVE__Sutcliffe_Joshua_SOS_Decision_Formatted_0.1.pdf-b) On one or more occasions, expressed your views to pupils on the wrongfulness ./_OFFICIAL_-_SENSITIVE__Sutcliffe_Joshua_SOS_Decision_Formatted_0.1.pdf:of equal marriage and/or homosexuality during Maths lessons, by making the ./_OFFICIAL_-_SENSITIVE__Sutcliffe_Joshua_SOS_Decision_Formatted_0.1.pdf-following comments, or comments to the effect of: ./_OFFICIAL_-_SENSITIVE__Sutcliffe_Joshua_SOS_Decision_Formatted_0.1.pdf- ./_OFFICIAL_-_SENSITIVE__Sutcliffe_Joshua_SOS_Decision_Formatted_0.1.pdf-i. You were against gay marriage; ./_OFFICIAL_-_SENSITIVE__Sutcliffe_Joshua_SOS_Decision_Formatted_0.1.pdf- ./_OFFICIAL_-_SENSITIVE__Sutcliffe_Joshua_SOS_Decision_Formatted_0.1.pdf-The panel heard from Mr Sutcliffe who gave evidence that he had made a comment to ./_OFFICIAL_-_SENSITIVE__Sutcliffe_Joshua_SOS_Decision_Formatted_0.1.pdf-the effect that he was against gay marriage. However, Mr Sutcliffe gave evidence that ./_OFFICIAL_-_SENSITIVE__Sutcliffe_Joshua_SOS_Decision_Formatted_0.1.pdf-this comment had been made in Bible Club and not during Maths lessons. ./_OFFICIAL_-_SENSITIVE__Sutcliffe_Joshua_SOS_Decision_Formatted_0.1.pdf- ./_OFFICIAL_-_SENSITIVE__Sutcliffe_Joshua_SOS_Decision_Formatted_0.1.pdf- ./_OFFICIAL_-_SENSITIVE__Sutcliffe_Joshua_SOS_Decision_Formatted_0.1.pdf- -- ./_OFFICIAL_-_SENSITIVE__Sutcliffe_Joshua_SOS_Decision_Formatted_0.1.pdf-inappropriate and unprofessional. ./_OFFICIAL_-_SENSITIVE__Sutcliffe_Joshua_SOS_Decision_Formatted_0.1.pdf- ./_OFFICIAL_-_SENSITIVE__Sutcliffe_Joshua_SOS_Decision_Formatted_0.1.pdf-The panel found this allegation proven. ./_OFFICIAL_-_SENSITIVE__Sutcliffe_Joshua_SOS_Decision_Formatted_0.1.pdf- ./_OFFICIAL_-_SENSITIVE__Sutcliffe_Joshua_SOS_Decision_Formatted_0.1.pdf-3. Your conduct as may be found proven at allegations 1 and/or 2 demonstrated a ./_OFFICIAL_-_SENSITIVE__Sutcliffe_Joshua_SOS_Decision_Formatted_0.1.pdf-failure to treat pupils with dignity and/or respect and/or a failure to safeguard ./_OFFICIAL_-_SENSITIVE__Sutcliffe_Joshua_SOS_Decision_Formatted_0.1.pdf-pupils’ well-being. ./_OFFICIAL_-_SENSITIVE__Sutcliffe_Joshua_SOS_Decision_Formatted_0.1.pdf- ./_OFFICIAL_-_SENSITIVE__Sutcliffe_Joshua_SOS_Decision_Formatted_0.1.pdf-Allegation 1(a)(i) ./_OFFICIAL_-_SENSITIVE__Sutcliffe_Joshua_SOS_Decision_Formatted_0.1.pdf- ./_OFFICIAL_-_SENSITIVE__Sutcliffe_Joshua_SOS_Decision_Formatted_0.1.pdf:Mr Sutcliffe contended that biological sex is immutable and cannot be changed, that Pupil ./_OFFICIAL_-_SENSITIVE__Sutcliffe_Joshua_SOS_Decision_Formatted_0.1.pdf-A did not have the protected characteristic of gender reassignment, and that there is no ./_OFFICIAL_-_SENSITIVE__Sutcliffe_Joshua_SOS_Decision_Formatted_0.1.pdf-legal requirement to use preferred pronouns. However, it was not the function of the ./_OFFICIAL_-_SENSITIVE__Sutcliffe_Joshua_SOS_Decision_Formatted_0.1.pdf-panel to determine these three matters. The questions for the panel was not whether Mr ./_OFFICIAL_-_SENSITIVE__Sutcliffe_Joshua_SOS_Decision_Formatted_0.1.pdf-Sutcliffe breached the Equality Act 2010, or whether Mr Sutcliffe harassed or ./_OFFICIAL_-_SENSITIVE__Sutcliffe_Joshua_SOS_Decision_Formatted_0.1.pdf-discriminated against Pupil A. The question for the panel was whether it was more likely ./_OFFICIAL_-_SENSITIVE__Sutcliffe_Joshua_SOS_Decision_Formatted_0.1.pdf-than not when performing his duties as a teacher he failed to treat Pupil A with dignity ./_OFFICIAL_-_SENSITIVE__Sutcliffe_Joshua_SOS_Decision_Formatted_0.1.pdf-and respect, and failed to safeguard Pupil A’s well-being. ./_OFFICIAL_-_SENSITIVE__Sutcliffe_Joshua_SOS_Decision_Formatted_0.1.pdf- ./_OFFICIAL_-_SENSITIVE__Sutcliffe_Joshua_SOS_Decision_Formatted_0.1.pdf-The panel was mindful of Mr Sutcliffe’s strong and sincere religious beliefs rooted in his ./_OFFICIAL_-_SENSITIVE__Sutcliffe_Joshua_SOS_Decision_Formatted_0.1.pdf-deep faith which led him to have a personal conviction against using preferred pronouns. -- ./_OFFICIAL_-_SENSITIVE__Sutcliffe_Joshua_SOS_Decision_Formatted_0.1.pdf-The panel found that in relation to allegation 1(b)(i), Mr Sutcliffe was asked for his view ./_OFFICIAL_-_SENSITIVE__Sutcliffe_Joshua_SOS_Decision_Formatted_0.1.pdf-on gay marriage by Pupil A and Pupil B. The panel found that in answering Pupil A and ./_OFFICIAL_-_SENSITIVE__Sutcliffe_Joshua_SOS_Decision_Formatted_0.1.pdf:Pupil B, Mr Sutcliffe expressed his view on gay marriage and homosexuality. ./_OFFICIAL_-_SENSITIVE__Sutcliffe_Joshua_SOS_Decision_Formatted_0.1.pdf- ./_OFFICIAL_-_SENSITIVE__Sutcliffe_Joshua_SOS_Decision_Formatted_0.1.pdf-In relation to 1(b)(i) the panel found that in answering a direct question where he gave his ./_OFFICIAL_-_SENSITIVE__Sutcliffe_Joshua_SOS_Decision_Formatted_0.1.pdf-view about gay marriage, Mr Sutcliffe did not demonstrate a failure to treat pupils with ./_OFFICIAL_-_SENSITIVE__Sutcliffe_Joshua_SOS_Decision_Formatted_0.1.pdf-dignity or respect, nor did he demonstrate a failure to safeguard pupils’ well-being. ./_OFFICIAL_-_SENSITIVE__Sutcliffe_Joshua_SOS_Decision_Formatted_0.1.pdf- ./_OFFICIAL_-_SENSITIVE__Sutcliffe_Joshua_SOS_Decision_Formatted_0.1.pdf-Allegation 1(b)(ii) ./_OFFICIAL_-_SENSITIVE__Sutcliffe_Joshua_SOS_Decision_Formatted_0.1.pdf- ./_OFFICIAL_-_SENSITIVE__Sutcliffe_Joshua_SOS_Decision_Formatted_0.1.pdf-In relation to 1(b)(ii), the panel noted that unlike allegation 1(b)(i), the comment made by ./_OFFICIAL_-_SENSITIVE__Sutcliffe_Joshua_SOS_Decision_Formatted_0.1.pdf-Mr Sutcliffe was unprompted. In making the statement that Person D had stopped being ./_OFFICIAL_-_SENSITIVE__Sutcliffe_Joshua_SOS_Decision_Formatted_0.1.pdf-gay as it was wrong, Mr Sutcliffe failed to consider the potential impact of this statement -- ./_OFFICIAL_-_SENSITIVE__Sutcliffe_Joshua_SOS_Decision_Formatted_0.1.pdf- ./_OFFICIAL_-_SENSITIVE__Sutcliffe_Joshua_SOS_Decision_Formatted_0.1.pdf-vi. “Joseph Smith is a false prophet… these are false and destructive heresies”. ./_OFFICIAL_-_SENSITIVE__Sutcliffe_Joshua_SOS_Decision_Formatted_0.1.pdf- ./_OFFICIAL_-_SENSITIVE__Sutcliffe_Joshua_SOS_Decision_Formatted_0.1.pdf-The panel found that Mr Sutcliffe uploaded videos to his YouTube account. The panel ./_OFFICIAL_-_SENSITIVE__Sutcliffe_Joshua_SOS_Decision_Formatted_0.1.pdf-had sight of six videos agreed by the TRA and Mr Sutcliffe to be the relevant videos: ./_OFFICIAL_-_SENSITIVE__Sutcliffe_Joshua_SOS_Decision_Formatted_0.1.pdf- ./_OFFICIAL_-_SENSITIVE__Sutcliffe_Joshua_SOS_Decision_Formatted_0.1.pdf- • What does the Bible say about false prophets? Episode 2, dated 20 October 2019 ./_OFFICIAL_-_SENSITIVE__Sutcliffe_Joshua_SOS_Decision_Formatted_0.1.pdf- • What does the Bible say about LGBT? Episode 9, dated 8 December 2019 ./_OFFICIAL_-_SENSITIVE__Sutcliffe_Joshua_SOS_Decision_Formatted_0.1.pdf- • Muhammed is a false prophet | Season 5 Episode 2, dated 6 September 2020 ./_OFFICIAL_-_SENSITIVE__Sutcliffe_Joshua_SOS_Decision_Formatted_0.1.pdf- • Muslim man threatens to knock me the f*** out, dated 27 August 2020 ./_OFFICIAL_-_SENSITIVE__Sutcliffe_Joshua_SOS_Decision_Formatted_0.1.pdf: • Police telling preacher not to talk about homosexuality, dated 3 March 2020 ./_OFFICIAL_-_SENSITIVE__Sutcliffe_Joshua_SOS_Decision_Formatted_0.1.pdf- • LGBT mafia member tries to intimidate preacher, dated 4 February 2020 ./_OFFICIAL_-_SENSITIVE__Sutcliffe_Joshua_SOS_Decision_Formatted_0.1.pdf-The panel noted that of these six videos, only the video entitled ‘What does the Bible say ./_OFFICIAL_-_SENSITIVE__Sutcliffe_Joshua_SOS_Decision_Formatted_0.1.pdf-about false prophets? Episode 2’ was uploaded whilst Mr Sutcliffe was employed at St ./_OFFICIAL_-_SENSITIVE__Sutcliffe_Joshua_SOS_Decision_Formatted_0.1.pdf-Aloysius College. The panel considered the wording of the allegation and found that only ./_OFFICIAL_-_SENSITIVE__Sutcliffe_Joshua_SOS_Decision_Formatted_0.1.pdf-this video had the potential to fall within the allegation given that it was the only video ./_OFFICIAL_-_SENSITIVE__Sutcliffe_Joshua_SOS_Decision_Formatted_0.1.pdf-uploaded whilst Mr Sutcliffe was employed as a Maths teacher at St Aloysius College ./_OFFICIAL_-_SENSITIVE__Sutcliffe_Joshua_SOS_Decision_Formatted_0.1.pdf-between September 2018 and November 2019. ./_OFFICIAL_-_SENSITIVE__Sutcliffe_Joshua_SOS_Decision_Formatted_0.1.pdf- ./_OFFICIAL_-_SENSITIVE__Sutcliffe_Joshua_SOS_Decision_Formatted_0.1.pdf-The panel viewed the video and reviewed the transcript of this video. The panel found ./_OFFICIAL_-_SENSITIVE__Sutcliffe_Joshua_SOS_Decision_Formatted_0.1.pdf-that the video ‘What does the Bible say about false prophets’ contained the statements ./_OFFICIAL_SENSITIVE__Aldridge_Sean_SoS_Decision.pdf-Allegations ./_OFFICIAL_SENSITIVE__Aldridge_Sean_SoS_Decision.pdf-The panel considered the allegations set out in the notice of meeting dated 30 July 2021. ./_OFFICIAL_SENSITIVE__Aldridge_Sean_SoS_Decision.pdf- ./_OFFICIAL_SENSITIVE__Aldridge_Sean_SoS_Decision.pdf-It was alleged that Mr Aldridge was guilty of having been convicted of a relevant offence, ./_OFFICIAL_SENSITIVE__Aldridge_Sean_SoS_Decision.pdf-in that: ./_OFFICIAL_SENSITIVE__Aldridge_Sean_SoS_Decision.pdf- ./_OFFICIAL_SENSITIVE__Aldridge_Sean_SoS_Decision.pdf- 1. On 25 July 2019, he was convicted of the following relevant offences: ./_OFFICIAL_SENSITIVE__Aldridge_Sean_SoS_Decision.pdf- ./_OFFICIAL_SENSITIVE__Aldridge_Sean_SoS_Decision.pdf: a. six counts of penetrative sexual activity with a girl under 16; ./_OFFICIAL_SENSITIVE__Aldridge_Sean_SoS_Decision.pdf- ./_OFFICIAL_SENSITIVE__Aldridge_Sean_SoS_Decision.pdf: b. one count of sexual activity with a girl under 16 (no penetration); ./_OFFICIAL_SENSITIVE__Aldridge_Sean_SoS_Decision.pdf- ./_OFFICIAL_SENSITIVE__Aldridge_Sean_SoS_Decision.pdf: c. seven counts of sexual activity with a girl under 16; ./_OFFICIAL_SENSITIVE__Aldridge_Sean_SoS_Decision.pdf- ./_OFFICIAL_SENSITIVE__Aldridge_Sean_SoS_Decision.pdf: d. 10 counts of sexual activity with a girl 13 –17; ./_OFFICIAL_SENSITIVE__Aldridge_Sean_SoS_Decision.pdf- ./_OFFICIAL_SENSITIVE__Aldridge_Sean_SoS_Decision.pdf: e. one count of causing/inciting a girl 13 –15 to engage in a penetrative sexual ./_OFFICIAL_SENSITIVE__Aldridge_Sean_SoS_Decision.pdf- activity. ./_OFFICIAL_SENSITIVE__Aldridge_Sean_SoS_Decision.pdf- ./_OFFICIAL_SENSITIVE__Aldridge_Sean_SoS_Decision.pdf-Mr Aldridge admitted the facts of allegations 1.a to 1.e, and that his behaviour amounted ./_OFFICIAL_SENSITIVE__Aldridge_Sean_SoS_Decision.pdf-to a conviction of a relevant offence, as set out in the statement of agreed facts signed by ./_OFFICIAL_SENSITIVE__Aldridge_Sean_SoS_Decision.pdf-Mr Aldridge on 23 October 2021. ./_OFFICIAL_SENSITIVE__Aldridge_Sean_SoS_Decision.pdf- ./_OFFICIAL_SENSITIVE__Aldridge_Sean_SoS_Decision.pdf-The panel noted that the notice of meeting dated 26 November 2021 included allegations ./_OFFICIAL_SENSITIVE__Aldridge_Sean_SoS_Decision.pdf-which had not previously been referred to in the notice of proceedings dated 30 July ./_OFFICIAL_SENSITIVE__Aldridge_Sean_SoS_Decision.pdf-2021, or at the case management hearing on 24 September 2021, or in the statement of ./_OFFICIAL_SENSITIVE__Aldridge_Sean_SoS_Decision.pdf-agreed facts. Therefore, the panel took no account of, and disregarded, those allegations -- ./_OFFICIAL_SENSITIVE__Aldridge_Sean_SoS_Decision.pdf-The panel carefully considered the case and reached a decision. ./_OFFICIAL_SENSITIVE__Aldridge_Sean_SoS_Decision.pdf- ./_OFFICIAL_SENSITIVE__Aldridge_Sean_SoS_Decision.pdf-In advance of the meeting, the TRA agreed to a request from Mr Aldridge for the ./_OFFICIAL_SENSITIVE__Aldridge_Sean_SoS_Decision.pdf-allegations to be considered without a hearing. The panel had the ability to direct that the ./_OFFICIAL_SENSITIVE__Aldridge_Sean_SoS_Decision.pdf-case be considered at a hearing if required in the interests of justice or in the public ./_OFFICIAL_SENSITIVE__Aldridge_Sean_SoS_Decision.pdf-interest. The panel did not determine that such a direction was necessary or appropriate ./_OFFICIAL_SENSITIVE__Aldridge_Sean_SoS_Decision.pdf-in this case. ./_OFFICIAL_SENSITIVE__Aldridge_Sean_SoS_Decision.pdf- ./_OFFICIAL_SENSITIVE__Aldridge_Sean_SoS_Decision.pdf-Mr Aldridge had been employed as a teacher at Warblington School, Havant (‘the ./_OFFICIAL_SENSITIVE__Aldridge_Sean_SoS_Decision.pdf-School’). Mr Aldridge was arrested on 23 November 2017 in connection with an ./_OFFICIAL_SENSITIVE__Aldridge_Sean_SoS_Decision.pdf:allegation of sexual activity with pupils whilst he was employed as a teacher at the ./_OFFICIAL_SENSITIVE__Aldridge_Sean_SoS_Decision.pdf-School. ./_OFFICIAL_SENSITIVE__Aldridge_Sean_SoS_Decision.pdf- ./_OFFICIAL_SENSITIVE__Aldridge_Sean_SoS_Decision.pdf-The case was referred to the National College Teaching & Leadership (a predecessor to ./_OFFICIAL_SENSITIVE__Aldridge_Sean_SoS_Decision.pdf-the TRA) by Hampshire Constabulary on 1 December 2017. ./_OFFICIAL_SENSITIVE__Aldridge_Sean_SoS_Decision.pdf- ./_OFFICIAL_SENSITIVE__Aldridge_Sean_SoS_Decision.pdf- ./_OFFICIAL_SENSITIVE__Aldridge_Sean_SoS_Decision.pdf- ./_OFFICIAL_SENSITIVE__Aldridge_Sean_SoS_Decision.pdf- ./_OFFICIAL_SENSITIVE__Aldridge_Sean_SoS_Decision.pdf- 5 ./_OFFICIAL_SENSITIVE__Aldridge_Sean_SoS_Decision.pdf- -- ./_OFFICIAL_SENSITIVE__Aldridge_Sean_SoS_Decision.pdf-On 25 July 2019, Mr Aldridge was convicted of numerous offences, and on 29 July 2019 ./_OFFICIAL_SENSITIVE__Aldridge_Sean_SoS_Decision.pdf:he was sentenced to 12 years’ imprisonment. Mr Aldridge was also registered on the sex ./_OFFICIAL_SENSITIVE__Aldridge_Sean_SoS_Decision.pdf-offenders register. ./_OFFICIAL_SENSITIVE__Aldridge_Sean_SoS_Decision.pdf- ./_OFFICIAL_SENSITIVE__Aldridge_Sean_SoS_Decision.pdf-The notice of proceedings dated 30 July 2021 had originally listed the case for a ./_OFFICIAL_SENSITIVE__Aldridge_Sean_SoS_Decision.pdf-professional conduct panel hearing (‘PCPH’) on 24 September 2021. Mr Aldridge, in an ./_OFFICIAL_SENSITIVE__Aldridge_Sean_SoS_Decision.pdf-undated letter, informed the TRA that he considered the PCPH should be postponed as ./_OFFICIAL_SENSITIVE__Aldridge_Sean_SoS_Decision.pdf-he was in prison and he felt he would not have a fair hearing. In addition, Mr Aldridge ./_OFFICIAL_SENSITIVE__Aldridge_Sean_SoS_Decision.pdf-considered the PCPH should take place in private. Mr Aldridge stated the notice of ./_OFFICIAL_SENSITIVE__Aldridge_Sean_SoS_Decision.pdf-proceedings was first placed in his possession on 25 August 2021 having previously ./_OFFICIAL_SENSITIVE__Aldridge_Sean_SoS_Decision.pdf-been sent to the incorrect prisons. ./_OFFICIAL_SENSITIVE__Aldridge_Sean_SoS_Decision.pdf- -- ./_OFFICIAL_SENSITIVE__Aldridge_Sean_SoS_Decision.pdf- ./_OFFICIAL_SENSITIVE__Aldridge_Sean_SoS_Decision.pdf-Findings of fact ./_OFFICIAL_SENSITIVE__Aldridge_Sean_SoS_Decision.pdf- ./_OFFICIAL_SENSITIVE__Aldridge_Sean_SoS_Decision.pdf-The findings of fact are as follows: ./_OFFICIAL_SENSITIVE__Aldridge_Sean_SoS_Decision.pdf- ./_OFFICIAL_SENSITIVE__Aldridge_Sean_SoS_Decision.pdf-The panel found the following particulars of the allegations against you proved, for these ./_OFFICIAL_SENSITIVE__Aldridge_Sean_SoS_Decision.pdf-reasons: ./_OFFICIAL_SENSITIVE__Aldridge_Sean_SoS_Decision.pdf- ./_OFFICIAL_SENSITIVE__Aldridge_Sean_SoS_Decision.pdf- 1. On 25 July 2019, you were convicted of the following relevant offences: ./_OFFICIAL_SENSITIVE__Aldridge_Sean_SoS_Decision.pdf- ./_OFFICIAL_SENSITIVE__Aldridge_Sean_SoS_Decision.pdf: a. six counts of penetrative sexual activity with a girl under 16; ./_OFFICIAL_SENSITIVE__Aldridge_Sean_SoS_Decision.pdf- ./_OFFICIAL_SENSITIVE__Aldridge_Sean_SoS_Decision.pdf: b. one count of sexual activity with a girl under 16 (no penetration); ./_OFFICIAL_SENSITIVE__Aldridge_Sean_SoS_Decision.pdf- ./_OFFICIAL_SENSITIVE__Aldridge_Sean_SoS_Decision.pdf: c. seven counts of sexual activity with a girl under 16; ./_OFFICIAL_SENSITIVE__Aldridge_Sean_SoS_Decision.pdf- ./_OFFICIAL_SENSITIVE__Aldridge_Sean_SoS_Decision.pdf: d. 10 counts of sexual activity with a girl 13 – 17; ./_OFFICIAL_SENSITIVE__Aldridge_Sean_SoS_Decision.pdf- ./_OFFICIAL_SENSITIVE__Aldridge_Sean_SoS_Decision.pdf- e. one count of causing/inciting a girl 13 – 15 to engage in a penetrative ./_OFFICIAL_SENSITIVE__Aldridge_Sean_SoS_Decision.pdf: sexual activity. ./_OFFICIAL_SENSITIVE__Aldridge_Sean_SoS_Decision.pdf- ./_OFFICIAL_SENSITIVE__Aldridge_Sean_SoS_Decision.pdf-The panel considered a statement of agreed facts, signed by Mr Aldridge on 23 October ./_OFFICIAL_SENSITIVE__Aldridge_Sean_SoS_Decision.pdf-2021. In the statement of agreed facts, Mr Aldridge admitted that on 29 July 2019 he had ./_OFFICIAL_SENSITIVE__Aldridge_Sean_SoS_Decision.pdf-been convicted at Portsmouth Crown Court of 25 offences and sentenced to 12 years’ ./_OFFICIAL_SENSITIVE__Aldridge_Sean_SoS_Decision.pdf:imprisonment. Several of the offences were multiple incident counts of sexual activity with ./_OFFICIAL_SENSITIVE__Aldridge_Sean_SoS_Decision.pdf-[REDACTED] girls when they had been pupils at the School over a period of ./_OFFICIAL_SENSITIVE__Aldridge_Sean_SoS_Decision.pdf-approximately [REDACTED] years. ./_OFFICIAL_SENSITIVE__Aldridge_Sean_SoS_Decision.pdf- ./_OFFICIAL_SENSITIVE__Aldridge_Sean_SoS_Decision.pdf- 6 ./_OFFICIAL_SENSITIVE__Aldridge_Sean_SoS_Decision.pdf- -- ./_OFFICIAL_SENSITIVE__Aldridge_Sean_SoS_Decision.pdf-Mr Aldridge had admitted and accepted that each of the 25 offences: ./_OFFICIAL_SENSITIVE__Aldridge_Sean_SoS_Decision.pdf- ./_OFFICIAL_SENSITIVE__Aldridge_Sean_SoS_Decision.pdf- i. are relevant criminal offences for the purposes of The Teachers’ Disciplinary ./_OFFICIAL_SENSITIVE__Aldridge_Sean_SoS_Decision.pdf- Regulations 2012; ./_OFFICIAL_SENSITIVE__Aldridge_Sean_SoS_Decision.pdf- ./_OFFICIAL_SENSITIVE__Aldridge_Sean_SoS_Decision.pdf: ii. relate to an activity involving sexual activity with children; ./_OFFICIAL_SENSITIVE__Aldridge_Sean_SoS_Decision.pdf- ./_OFFICIAL_SENSITIVE__Aldridge_Sean_SoS_Decision.pdf- iii. are contrary to the standards of personal and professional conduct expected of a ./_OFFICIAL_SENSITIVE__Aldridge_Sean_SoS_Decision.pdf- teacher, with reference to the Teachers’ Standards; and ./_OFFICIAL_SENSITIVE__Aldridge_Sean_SoS_Decision.pdf- ./_OFFICIAL_SENSITIVE__Aldridge_Sean_SoS_Decision.pdf- iv. would be likely to affect public confidence in the teaching profession if the teacher ./_OFFICIAL_SENSITIVE__Aldridge_Sean_SoS_Decision.pdf- were allowed to continue teaching. ./_OFFICIAL_SENSITIVE__Aldridge_Sean_SoS_Decision.pdf- ./_OFFICIAL_SENSITIVE__Aldridge_Sean_SoS_Decision.pdf-The panel was provided with a copy of the Certificate of Conviction from Portsmouth ./_OFFICIAL_SENSITIVE__Aldridge_Sean_SoS_Decision.pdf-Crown Court, which confirmed Mr Aldridge’s convictions in respect of the offences ./_OFFICIAL_SENSITIVE__Aldridge_Sean_SoS_Decision.pdf-referred to at allegations 1.a to 1.e. -- ./_OFFICIAL_SENSITIVE__Aldridge_Sean_SoS_Decision.pdf-position of trust and Mr Aldridge had abused his position. Mr Aldridge’s conduct was of ./_OFFICIAL_SENSITIVE__Aldridge_Sean_SoS_Decision.pdf-the most serious and gravest kind. ./_OFFICIAL_SENSITIVE__Aldridge_Sean_SoS_Decision.pdf- ./_OFFICIAL_SENSITIVE__Aldridge_Sean_SoS_Decision.pdf-Mr Aldridge’s actions in committing the offences had undoubtedly caused significant hurt ./_OFFICIAL_SENSITIVE__Aldridge_Sean_SoS_Decision.pdf-and suffering to pupils who had been placed in his care. ./_OFFICIAL_SENSITIVE__Aldridge_Sean_SoS_Decision.pdf- ./_OFFICIAL_SENSITIVE__Aldridge_Sean_SoS_Decision.pdf-The panel noted that Mr Aldridge’s behaviour ultimately led to a sentence of ./_OFFICIAL_SENSITIVE__Aldridge_Sean_SoS_Decision.pdf-imprisonment, which was indicative of the seriousness of the offences committed. ./_OFFICIAL_SENSITIVE__Aldridge_Sean_SoS_Decision.pdf- ./_OFFICIAL_SENSITIVE__Aldridge_Sean_SoS_Decision.pdf-The panel noted pages 10 and 11 of the Advice, which state that any activity involving ./_OFFICIAL_SENSITIVE__Aldridge_Sean_SoS_Decision.pdf:sexual activity is likely to be considered a relevant offence. ./_OFFICIAL_SENSITIVE__Aldridge_Sean_SoS_Decision.pdf- ./_OFFICIAL_SENSITIVE__Aldridge_Sean_SoS_Decision.pdf-The panel also found that the seriousness of the offending behaviour that led to the ./_OFFICIAL_SENSITIVE__Aldridge_Sean_SoS_Decision.pdf-conviction was relevant to Mr Aldridge’s ongoing suitability to teach. ./_OFFICIAL_SENSITIVE__Aldridge_Sean_SoS_Decision.pdf- ./_OFFICIAL_SENSITIVE__Aldridge_Sean_SoS_Decision.pdf-The panel also took account of the way the teaching profession is viewed by others. The ./_OFFICIAL_SENSITIVE__Aldridge_Sean_SoS_Decision.pdf-panel considered that Mr Aldridge’s behaviour in committing the offences would affect ./_OFFICIAL_SENSITIVE__Aldridge_Sean_SoS_Decision.pdf-public confidence in the teaching profession. Further, that public confidence in the ./_OFFICIAL_SENSITIVE__Aldridge_Sean_SoS_Decision.pdf-profession would be severely damaged in the event he was allowed to teach following his ./_OFFICIAL_SENSITIVE__Aldridge_Sean_SoS_Decision.pdf-release from prison. ./_OFFICIAL_SENSITIVE__Aldridge_Sean_SoS_Decision.pdf- -- ./_OFFICIAL_SENSITIVE__Aldridge_Sean_SoS_Decision.pdf-The panel had regard to the particular public interest considerations set out in the Advice ./_OFFICIAL_SENSITIVE__Aldridge_Sean_SoS_Decision.pdf-and, having done so, found them to be relevant in this case: the protection of pupils; the ./_OFFICIAL_SENSITIVE__Aldridge_Sean_SoS_Decision.pdf-protection of other members of the public; the maintenance of public confidence in the ./_OFFICIAL_SENSITIVE__Aldridge_Sean_SoS_Decision.pdf-profession and declaring and upholding proper standards of conduct. ./_OFFICIAL_SENSITIVE__Aldridge_Sean_SoS_Decision.pdf- ./_OFFICIAL_SENSITIVE__Aldridge_Sean_SoS_Decision.pdf:In the light of the panel’s findings against Mr Aldridge which involved 25 counts of sexual ./_OFFICIAL_SENSITIVE__Aldridge_Sean_SoS_Decision.pdf-activity with pupils, there was a very strong public interest consideration in respect of the ./_OFFICIAL_SENSITIVE__Aldridge_Sean_SoS_Decision.pdf:protection of pupils given the serious and multiple findings of sexual activity with pupils. ./_OFFICIAL_SENSITIVE__Aldridge_Sean_SoS_Decision.pdf- ./_OFFICIAL_SENSITIVE__Aldridge_Sean_SoS_Decision.pdf-Similarly, the panel considered that public confidence in the profession would be ./_OFFICIAL_SENSITIVE__Aldridge_Sean_SoS_Decision.pdf-seriously weakened if conduct such as that found against Mr Aldridge were not treated ./_OFFICIAL_SENSITIVE__Aldridge_Sean_SoS_Decision.pdf-with the utmost seriousness when regulating the conduct of the profession. ./_OFFICIAL_SENSITIVE__Aldridge_Sean_SoS_Decision.pdf- ./_OFFICIAL_SENSITIVE__Aldridge_Sean_SoS_Decision.pdf-The panel decided that a strong public interest consideration in declaring proper ./_OFFICIAL_SENSITIVE__Aldridge_Sean_SoS_Decision.pdf-standards of conduct in the profession was also present as the conduct found against Mr ./_OFFICIAL_SENSITIVE__Aldridge_Sean_SoS_Decision.pdf-Aldridge was outside that which could reasonably be tolerated. ./_OFFICIAL_SENSITIVE__Aldridge_Sean_SoS_Decision.pdf- ./_OFFICIAL_SENSITIVE__Aldridge_Sean_SoS_Decision.pdf-There was no evidence before the panel that there was a substantial or significant public -- ./_OFFICIAL_SENSITIVE__Aldridge_Sean_SoS_Decision.pdf: • sexual misconduct, for example, involving actions that were sexually motivated or ./_OFFICIAL_SENSITIVE__Aldridge_Sean_SoS_Decision.pdf: of a sexual nature and/or that use or exploit the trust, knowledge or influence ./_OFFICIAL_SENSITIVE__Aldridge_Sean_SoS_Decision.pdf- derived from the individual’s professional position; ./_OFFICIAL_SENSITIVE__Aldridge_Sean_SoS_Decision.pdf- ./_OFFICIAL_SENSITIVE__Aldridge_Sean_SoS_Decision.pdf- • the commission of a serious criminal offence, including those that resulted in a ./_OFFICIAL_SENSITIVE__Aldridge_Sean_SoS_Decision.pdf- conviction or caution, paying particular attention to offences that are ‘relevant ./_OFFICIAL_SENSITIVE__Aldridge_Sean_SoS_Decision.pdf- matters’ for the purposes of The Police Act 1997 and criminal record disclosures. ./_OFFICIAL_SENSITIVE__Aldridge_Sean_SoS_Decision.pdf- ./_OFFICIAL_SENSITIVE__Aldridge_Sean_SoS_Decision.pdf-Even though the behaviour found proved in this case indicated that a prohibition order ./_OFFICIAL_SENSITIVE__Aldridge_Sean_SoS_Decision.pdf-would be appropriate, the panel went on to consider the mitigating factors. Mitigating ./_OFFICIAL_SENSITIVE__Aldridge_Sean_SoS_Decision.pdf-factors may indicate that a prohibition order would not be appropriate or proportionate. ./_OFFICIAL_SENSITIVE__Aldridge_Sean_SoS_Decision.pdf- -- ./_OFFICIAL_SENSITIVE__Aldridge_Sean_SoS_Decision.pdf- ./_OFFICIAL_SENSITIVE__Aldridge_Sean_SoS_Decision.pdf-The panel was of the view that, applying the standard of the ordinary intelligent citizen, it ./_OFFICIAL_SENSITIVE__Aldridge_Sean_SoS_Decision.pdf-would not be a proportionate and appropriate response to recommend no prohibition ./_OFFICIAL_SENSITIVE__Aldridge_Sean_SoS_Decision.pdf-order. Recommending that the publication of adverse findings was sufficient would ./_OFFICIAL_SENSITIVE__Aldridge_Sean_SoS_Decision.pdf-unacceptably compromise the public interest considerations present in this case, despite ./_OFFICIAL_SENSITIVE__Aldridge_Sean_SoS_Decision.pdf-the severity of the consequences for Mr Aldridge of prohibition. ./_OFFICIAL_SENSITIVE__Aldridge_Sean_SoS_Decision.pdf- ./_OFFICIAL_SENSITIVE__Aldridge_Sean_SoS_Decision.pdf-The panel was of the view that prohibition was both proportionate and appropriate. The ./_OFFICIAL_SENSITIVE__Aldridge_Sean_SoS_Decision.pdf-panel decided that the public interest considerations significantly outweighed the ./_OFFICIAL_SENSITIVE__Aldridge_Sean_SoS_Decision.pdf-interests of Mr Aldridge. The fact that Mr Aldridge had been convicted of such serious ./_OFFICIAL_SENSITIVE__Aldridge_Sean_SoS_Decision.pdf:sexual offences which were at the most serious end of the spectrum was a significant ./_OFFICIAL_SENSITIVE__Aldridge_Sean_SoS_Decision.pdf-factor in forming that opinion ./_OFFICIAL_SENSITIVE__Aldridge_Sean_SoS_Decision.pdf- ./_OFFICIAL_SENSITIVE__Aldridge_Sean_SoS_Decision.pdf-Accordingly, the panel made a recommendation to the Secretary of State that a ./_OFFICIAL_SENSITIVE__Aldridge_Sean_SoS_Decision.pdf-prohibition order should be imposed with immediate effect. ./_OFFICIAL_SENSITIVE__Aldridge_Sean_SoS_Decision.pdf- ./_OFFICIAL_SENSITIVE__Aldridge_Sean_SoS_Decision.pdf-The panel went on to consider whether or not it would be appropriate to recommend that ./_OFFICIAL_SENSITIVE__Aldridge_Sean_SoS_Decision.pdf-a review period of the order should be considered. The panel was mindful that the Advice ./_OFFICIAL_SENSITIVE__Aldridge_Sean_SoS_Decision.pdf-states that a prohibition order applies for life, but there may be circumstances, in any ./_OFFICIAL_SENSITIVE__Aldridge_Sean_SoS_Decision.pdf-given case, that may make it appropriate to allow a teacher to apply to have the ./_OFFICIAL_SENSITIVE__Aldridge_Sean_SoS_Decision.pdf-prohibition order reviewed after a specified period of time that may not be less than 2 -- ./_OFFICIAL_SENSITIVE__Aldridge_Sean_SoS_Decision.pdf-The Advice indicates that there are behaviours that, if proved, would militate against the ./_OFFICIAL_SENSITIVE__Aldridge_Sean_SoS_Decision.pdf-recommendation of a review period. The panel considered that the following behaviour ./_OFFICIAL_SENSITIVE__Aldridge_Sean_SoS_Decision.pdf:was relevant in respect of Mr Aldridge, serious sexual misconduct, e.g. where the act was ./_OFFICIAL_SENSITIVE__Aldridge_Sean_SoS_Decision.pdf:sexually motivated and resulted in, or had the potential to result in, harm to a person or ./_OFFICIAL_SENSITIVE__Aldridge_Sean_SoS_Decision.pdf-persons, particularly where the individual has used their professional position to influence ./_OFFICIAL_SENSITIVE__Aldridge_Sean_SoS_Decision.pdf:or exploit a person or persons. Mr Aldridge had been found guilty of 25 counts of sexual ./_OFFICIAL_SENSITIVE__Aldridge_Sean_SoS_Decision.pdf:activity or causing/inciting girls across ages 13 to 17 to engage in sexual activity. The ./_OFFICIAL_SENSITIVE__Aldridge_Sean_SoS_Decision.pdf-panel was in no doubt that Mr Aldridge’s misconduct was of the most serious kind and ./_OFFICIAL_SENSITIVE__Aldridge_Sean_SoS_Decision.pdf:had been serious sexual misconduct. ./_OFFICIAL_SENSITIVE__Aldridge_Sean_SoS_Decision.pdf- ./_OFFICIAL_SENSITIVE__Aldridge_Sean_SoS_Decision.pdf-The panel decided that the findings indicated a situation in which a review period would ./_OFFICIAL_SENSITIVE__Aldridge_Sean_SoS_Decision.pdf-not be appropriate and, as such, decided that it would be proportionate in all the ./_OFFICIAL_SENSITIVE__Aldridge_Sean_SoS_Decision.pdf-circumstances for the prohibition order to be recommended without provision for a review ./_OFFICIAL_SENSITIVE__Aldridge_Sean_SoS_Decision.pdf-period. ./_OFFICIAL_SENSITIVE__Aldridge_Sean_SoS_Decision.pdf- ./_OFFICIAL_SENSITIVE__Aldridge_Sean_SoS_Decision.pdf- ./_OFFICIAL_SENSITIVE__Aldridge_Sean_SoS_Decision.pdf-Decision and reasons on behalf of the Secretary of State ./_OFFICIAL_SENSITIVE__Aldridge_Sean_SoS_Decision.pdf-I have given very careful consideration to this case and to the recommendation of the ./_OFFICIAL_SENSITIVE__Aldridge_Sean_SoS_Decision.pdf-panel in respect of both sanction and review period. -- ./_OFFICIAL_SENSITIVE__Aldridge_Sean_SoS_Decision.pdf- • Teachers must have an understanding of, and always act within, the statutory ./_OFFICIAL_SENSITIVE__Aldridge_Sean_SoS_Decision.pdf- frameworks which set out their professional duties and responsibilities. ./_OFFICIAL_SENSITIVE__Aldridge_Sean_SoS_Decision.pdf- ./_OFFICIAL_SENSITIVE__Aldridge_Sean_SoS_Decision.pdf-The panel was also, “satisfied that the conduct of Mr Aldridge was wholly contrary to the ./_OFFICIAL_SENSITIVE__Aldridge_Sean_SoS_Decision.pdf-standards expected of the teaching profession. Teachers are placed in a privileged ./_OFFICIAL_SENSITIVE__Aldridge_Sean_SoS_Decision.pdf-position of trust and Mr Aldridge had abused his position. Mr Aldridge’s conduct was of ./_OFFICIAL_SENSITIVE__Aldridge_Sean_SoS_Decision.pdf-the most serious and gravest kind.” ./_OFFICIAL_SENSITIVE__Aldridge_Sean_SoS_Decision.pdf- ./_OFFICIAL_SENSITIVE__Aldridge_Sean_SoS_Decision.pdf-The findings of misconduct are particularly serious as they include a finding of serious ./_OFFICIAL_SENSITIVE__Aldridge_Sean_SoS_Decision.pdf:sexual misconduct and sexual activity with children. ./_OFFICIAL_SENSITIVE__Aldridge_Sean_SoS_Decision.pdf- ./_OFFICIAL_SENSITIVE__Aldridge_Sean_SoS_Decision.pdf-I have to determine whether the imposition of a prohibition order is proportionate and in ./_OFFICIAL_SENSITIVE__Aldridge_Sean_SoS_Decision.pdf-the public interest. In considering that for this case, I have considered the overall aim of a ./_OFFICIAL_SENSITIVE__Aldridge_Sean_SoS_Decision.pdf-prohibition order which is to protect pupils and to maintain public confidence in the ./_OFFICIAL_SENSITIVE__Aldridge_Sean_SoS_Decision.pdf-profession. I have considered the extent to which a prohibition order in this case would ./_OFFICIAL_SENSITIVE__Aldridge_Sean_SoS_Decision.pdf-achieve that aim taking into account the impact that it will have on the individual teacher. ./_OFFICIAL_SENSITIVE__Aldridge_Sean_SoS_Decision.pdf-I have also asked myself, whether a less intrusive measure, such as the published ./_OFFICIAL_SENSITIVE__Aldridge_Sean_SoS_Decision.pdf-finding of a relevant conviction, would itself be sufficient to achieve the overall aim. I have ./_OFFICIAL_SENSITIVE__Aldridge_Sean_SoS_Decision.pdf-to consider whether the consequences of such a publication are themselves sufficient. I ./_OFFICIAL_SENSITIVE__Aldridge_Sean_SoS_Decision.pdf-have considered therefore whether or not prohibiting Mr Aldridge, and the impact that will ./_OFFICIAL_SENSITIVE__Aldridge_Sean_SoS_Decision.pdf-have on him, is proportionate and in the public interest. ./_OFFICIAL_SENSITIVE__Aldridge_Sean_SoS_Decision.pdf- ./_OFFICIAL_SENSITIVE__Aldridge_Sean_SoS_Decision.pdf-In this case, I have considered the extent to which a prohibition order would protect ./_OFFICIAL_SENSITIVE__Aldridge_Sean_SoS_Decision.pdf-children. The panel has observed, “In the light of the panel’s findings against Mr Aldridge ./_OFFICIAL_SENSITIVE__Aldridge_Sean_SoS_Decision.pdf:which involved 25 counts of sexual activity with pupils, there was a very strong public ./_OFFICIAL_SENSITIVE__Aldridge_Sean_SoS_Decision.pdf-interest consideration in respect of the protection of pupils given the serious and multiple ./_OFFICIAL_SENSITIVE__Aldridge_Sean_SoS_Decision.pdf:findings of sexual activity with pupils.” ./_OFFICIAL_SENSITIVE__Aldridge_Sean_SoS_Decision.pdf- ./_OFFICIAL_SENSITIVE__Aldridge_Sean_SoS_Decision.pdf-A prohibition order would therefore prevent such a risk from being present in the future. I ./_OFFICIAL_SENSITIVE__Aldridge_Sean_SoS_Decision.pdf-have also taken into account the panel’s comments on insight and remorse, which the ./_OFFICIAL_SENSITIVE__Aldridge_Sean_SoS_Decision.pdf-panel sets out as follows, “There was no indication from the documents before the panel ./_OFFICIAL_SENSITIVE__Aldridge_Sean_SoS_Decision.pdf-that Mr Aldridge was remorseful or had shown insight into his conduct.” ./_OFFICIAL_SENSITIVE__Aldridge_Sean_SoS_Decision.pdf- ./_OFFICIAL_SENSITIVE__Aldridge_Sean_SoS_Decision.pdf-In my judgement, the lack of insight means that there is some risk of the repetition of this ./_OFFICIAL_SENSITIVE__Aldridge_Sean_SoS_Decision.pdf-behaviour and this puts at risk the future well-being of pupils. I have therefore given this ./_OFFICIAL_SENSITIVE__Aldridge_Sean_SoS_Decision.pdf-element considerable weight in reaching my decision. ./_OFFICIAL_SENSITIVE__Aldridge_Sean_SoS_Decision.pdf- ./_OFFICIAL_SENSITIVE__Aldridge_Sean_SoS_Decision.pdf-I have gone on to consider the extent to which a prohibition order would maintain public ./_OFFICIAL_SENSITIVE__Aldridge_Sean_SoS_Decision.pdf-confidence in the profession. The panel observe, “The panel considered that Mr ./_OFFICIAL_SENSITIVE__Aldridge_Sean_SoS_Decision.pdf-Aldridge’s behaviour in committing the offences would affect public confidence in the ./_OFFICIAL_SENSITIVE__Aldridge_Sean_SoS_Decision.pdf-teaching profession. Further, that public confidence in the profession would be severely ./_OFFICIAL_SENSITIVE__Aldridge_Sean_SoS_Decision.pdf-damaged in the event he was allowed to teach following his release from prison.” ./_OFFICIAL_SENSITIVE__Aldridge_Sean_SoS_Decision.pdf- ./_OFFICIAL_SENSITIVE__Aldridge_Sean_SoS_Decision.pdf:I am particularly mindful of the finding of sexual misconduct with children in this case and ./_OFFICIAL_SENSITIVE__Aldridge_Sean_SoS_Decision.pdf-the impact that such a finding has on the reputation of the profession. ./_OFFICIAL_SENSITIVE__Aldridge_Sean_SoS_Decision.pdf- ./_OFFICIAL_SENSITIVE__Aldridge_Sean_SoS_Decision.pdf- 12 ./_OFFICIAL_SENSITIVE__Aldridge_Sean_SoS_Decision.pdf- -- ./_OFFICIAL_SENSITIVE__Aldridge_Sean_SoS_Decision.pdf- ./_OFFICIAL_SENSITIVE__Aldridge_Sean_SoS_Decision.pdf-I have also considered the impact of a prohibition order on Mr Aldridge himself. The ./_OFFICIAL_SENSITIVE__Aldridge_Sean_SoS_Decision.pdf-panel comment, “The panel was provided with no evidence that Mr Aldridge had made, ./_OFFICIAL_SENSITIVE__Aldridge_Sean_SoS_Decision.pdf-or could make in the future, a substantial contribution to the teaching profession.” ./_OFFICIAL_SENSITIVE__Aldridge_Sean_SoS_Decision.pdf- ./_OFFICIAL_SENSITIVE__Aldridge_Sean_SoS_Decision.pdf-A prohibition order would prevent Mr Aldridge from teaching and would also clearly ./_OFFICIAL_SENSITIVE__Aldridge_Sean_SoS_Decision.pdf-deprive the public of his contribution to the profession for the period that it is in force. ./_OFFICIAL_SENSITIVE__Aldridge_Sean_SoS_Decision.pdf- ./_OFFICIAL_SENSITIVE__Aldridge_Sean_SoS_Decision.pdf-In this case, I have placed considerable weight on the panel’s comments concerning the ./_OFFICIAL_SENSITIVE__Aldridge_Sean_SoS_Decision.pdf-lack of insight or remorse. The panel has also said, “Mr Aldridge had been found guilty of ./_OFFICIAL_SENSITIVE__Aldridge_Sean_SoS_Decision.pdf:25 counts of sexual activity or causing/inciting girls across ages 13 to 17 to engage in ./_OFFICIAL_SENSITIVE__Aldridge_Sean_SoS_Decision.pdf:sexual activity. The panel was in no doubt that Mr Aldridge’s misconduct was of the most ./_OFFICIAL_SENSITIVE__Aldridge_Sean_SoS_Decision.pdf:serious kind and had been serious sexual misconduct.” ./_OFFICIAL_SENSITIVE__Aldridge_Sean_SoS_Decision.pdf- ./_OFFICIAL_SENSITIVE__Aldridge_Sean_SoS_Decision.pdf-I have given less weight in my consideration of sanction therefore, to the contribution that ./_OFFICIAL_SENSITIVE__Aldridge_Sean_SoS_Decision.pdf-Mr Aldridge has made to the profession. In my view, it is necessary to impose a ./_OFFICIAL_SENSITIVE__Aldridge_Sean_SoS_Decision.pdf-prohibition order in order to maintain public confidence in the profession. A published ./_OFFICIAL_SENSITIVE__Aldridge_Sean_SoS_Decision.pdf-decision, in light of the circumstances in this case, that is not backed up by remorse or ./_OFFICIAL_SENSITIVE__Aldridge_Sean_SoS_Decision.pdf-insight, does not in my view satisfy the public interest requirement concerning public ./_OFFICIAL_SENSITIVE__Aldridge_Sean_SoS_Decision.pdf-confidence in the profession. ./_OFFICIAL_SENSITIVE__Aldridge_Sean_SoS_Decision.pdf- ./_OFFICIAL_SENSITIVE__Aldridge_Sean_SoS_Decision.pdf-For all of these reasons, I have concluded that a prohibition order is proportionate and in ./_OFFICIAL_SENSITIVE__Aldridge_Sean_SoS_Decision.pdf-the public interest in order to achieve the intended aims of a prohibition order. ./_OFFICIAL_SENSITIVE__Aldridge_Sean_SoS_Decision.pdf- ./_OFFICIAL_SENSITIVE__Aldridge_Sean_SoS_Decision.pdf-I have gone on to consider the matter of a review period. In this case, the panel has ./_OFFICIAL_SENSITIVE__Aldridge_Sean_SoS_Decision.pdf-recommended that no provision should be made for a review period. ./_OFFICIAL_SENSITIVE__Aldridge_Sean_SoS_Decision.pdf- ./_OFFICIAL_SENSITIVE__Aldridge_Sean_SoS_Decision.pdf-I have considered the panel’s comments “Mr Aldridge had been convicted of such ./_OFFICIAL_SENSITIVE__Aldridge_Sean_SoS_Decision.pdf:serious sexual offences which were at the most serious end of the spectrum”. ./_OFFICIAL_SENSITIVE__Aldridge_Sean_SoS_Decision.pdf- ./_OFFICIAL_SENSITIVE__Aldridge_Sean_SoS_Decision.pdf-I have considered whether allowing for a no review period reflects the seriousness of the ./_OFFICIAL_SENSITIVE__Aldridge_Sean_SoS_Decision.pdf-findings and is proportionate and necessary to achieve the aim of maintaining public ./_OFFICIAL_SENSITIVE__Aldridge_Sean_SoS_Decision.pdf-confidence in the profession. In this case, the factors which mean that a no review is ./_OFFICIAL_SENSITIVE__Aldridge_Sean_SoS_Decision.pdf-necessary and proportionate and in the public interest are the serious nature of the ./_OFFICIAL_SENSITIVE__Aldridge_Sean_SoS_Decision.pdf:sexual misconduct and the lack of either insight or remorse. ./_OFFICIAL_SENSITIVE__Aldridge_Sean_SoS_Decision.pdf- ./_OFFICIAL_SENSITIVE__Aldridge_Sean_SoS_Decision.pdf- 13 ./_OFFICIAL_SENSITIVE__Aldridge_Sean_SoS_Decision.pdf- ./_OFFICIAL_SENSITIVE__Allan_Paul_SoS_decision_redacted.pdf-Allegations ./_OFFICIAL_SENSITIVE__Allan_Paul_SoS_decision_redacted.pdf-The panel considered the allegations set out in the notice of proceedings dated 5 May ./_OFFICIAL_SENSITIVE__Allan_Paul_SoS_decision_redacted.pdf-2022 as amended by the application of the presenting officer. ./_OFFICIAL_SENSITIVE__Allan_Paul_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Allan_Paul_SoS_decision_redacted.pdf-The following allegations were made against Mr Allan: ./_OFFICIAL_SENSITIVE__Allan_Paul_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Allan_Paul_SoS_decision_redacted.pdf-It is alleged that he is guilty of unacceptable professional conduct and/or conduct that ./_OFFICIAL_SENSITIVE__Allan_Paul_SoS_decision_redacted.pdf-may bring the profession into disrepute in that between 2015-2018: ./_OFFICIAL_SENSITIVE__Allan_Paul_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Allan_Paul_SoS_decision_redacted.pdf: 1. He engaged in activity which was inappropriate and/or demonstrated a sexual ./_OFFICIAL_SENSITIVE__Allan_Paul_SoS_decision_redacted.pdf- interest in children in that he: ./_OFFICIAL_SENSITIVE__Allan_Paul_SoS_decision_redacted.pdf- a. accessed and/or were in possession of one or more indecent bestiality ./_OFFICIAL_SENSITIVE__Allan_Paul_SoS_decision_redacted.pdf- images; ./_OFFICIAL_SENSITIVE__Allan_Paul_SoS_decision_redacted.pdf- b. engaged in a discussion on an internet website relating to incest; ./_OFFICIAL_SENSITIVE__Allan_Paul_SoS_decision_redacted.pdf- c. made one or more internet searches for ‘Mommys teen teaching ./_OFFICIAL_SENSITIVE__Allan_Paul_SoS_decision_redacted.pdf- masturbation’ or used search terms to that effect. ./_OFFICIAL_SENSITIVE__Allan_Paul_SoS_decision_redacted.pdf- 2. His behaviour as may be found proven at allegation 1 above was conduct of a ./_OFFICIAL_SENSITIVE__Allan_Paul_SoS_decision_redacted.pdf: sexual nature and/or was sexually motivated. ./_OFFICIAL_SENSITIVE__Allan_Paul_SoS_decision_redacted.pdf- 3. He sought to conceal that he had accessed and/or were in possession of one or ./_OFFICIAL_SENSITIVE__Allan_Paul_SoS_decision_redacted.pdf- more indecent images of children, in that he: ./_OFFICIAL_SENSITIVE__Allan_Paul_SoS_decision_redacted.pdf- a. reinstalled the operating devices on his laptop on one more occasions; ./_OFFICIAL_SENSITIVE__Allan_Paul_SoS_decision_redacted.pdf- b. used Tor Browser which allows users anonymity on the Internet for ./_OFFICIAL_SENSITIVE__Allan_Paul_SoS_decision_redacted.pdf- purposes of concealing indecent images and/or indecent web searches ./_OFFICIAL_SENSITIVE__Allan_Paul_SoS_decision_redacted.pdf- and/or indecent web chats. ./_OFFICIAL_SENSITIVE__Allan_Paul_SoS_decision_redacted.pdf- 4. His conduct as may be found proved at allegation 3 above lacked integrity and/or ./_OFFICIAL_SENSITIVE__Allan_Paul_SoS_decision_redacted.pdf- was dishonest. ./_OFFICIAL_SENSITIVE__Allan_Paul_SoS_decision_redacted.pdf-Mr Allan admitted the facts of allegation 1 b, 1 c. He admitted having carried out the ./_OFFICIAL_SENSITIVE__Allan_Paul_SoS_decision_redacted.pdf-actions alleged in allegations 3 a and 3 b but denied the stem of the allegation. He -- ./_OFFICIAL_SENSITIVE__Allan_Paul_SoS_decision_redacted.pdf-Findings of fact ./_OFFICIAL_SENSITIVE__Allan_Paul_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Allan_Paul_SoS_decision_redacted.pdf-The findings of fact are as follows: ./_OFFICIAL_SENSITIVE__Allan_Paul_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Allan_Paul_SoS_decision_redacted.pdf-The panel found the following particulars of the allegations against you proved, for ./_OFFICIAL_SENSITIVE__Allan_Paul_SoS_decision_redacted.pdf-these reasons: ./_OFFICIAL_SENSITIVE__Allan_Paul_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Allan_Paul_SoS_decision_redacted.pdf-Between 2015-2018: ./_OFFICIAL_SENSITIVE__Allan_Paul_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Allan_Paul_SoS_decision_redacted.pdf- 1. You engaged in activity which was inappropriate and/or demonstrated a ./_OFFICIAL_SENSITIVE__Allan_Paul_SoS_decision_redacted.pdf: sexual interest in children in that you: ./_OFFICIAL_SENSITIVE__Allan_Paul_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Allan_Paul_SoS_decision_redacted.pdf- b. engaged in a discussion on an internet website relating to incest; ./_OFFICIAL_SENSITIVE__Allan_Paul_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Allan_Paul_SoS_decision_redacted.pdf-Mr Allan admitted this allegation. ./_OFFICIAL_SENSITIVE__Allan_Paul_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Allan_Paul_SoS_decision_redacted.pdf-A detective constable, working in the paedophile online investigation team (POLIT) gave ./_OFFICIAL_SENSITIVE__Allan_Paul_SoS_decision_redacted.pdf-evidence that during the course of a police investigation, an undercover officer engaged ./_OFFICIAL_SENSITIVE__Allan_Paul_SoS_decision_redacted.pdf-in a conversation with Mr Allan on the platform Chatstep and in the chatroom ./_OFFICIAL_SENSITIVE__Allan_Paul_SoS_decision_redacted.pdf-“FatherFiguresUK” on that site. He confirmed that electronic information and IP address ./_OFFICIAL_SENSITIVE__Allan_Paul_SoS_decision_redacted.pdf-resolved back to Mr Allan’s home address. He stated that there was no way of identifying -- ./_OFFICIAL_SENSITIVE__Allan_Paul_SoS_decision_redacted.pdf:touch upon many aspects of adult sexuality. He accepted that the Chatstep log touched ./_OFFICIAL_SENSITIVE__Allan_Paul_SoS_decision_redacted.pdf-on what could be described as an inappropriate topic. ./_OFFICIAL_SENSITIVE__Allan_Paul_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Allan_Paul_SoS_decision_redacted.pdf-The panel has seen the Chatstep log. This includes comments by the user identified as ./_OFFICIAL_SENSITIVE__Allan_Paul_SoS_decision_redacted.pdf-Eric such as “and dads that spank here”, “actually haven’t started yet is why I’m asking ./_OFFICIAL_SENSITIVE__Allan_Paul_SoS_decision_redacted.pdf-advice, I take it you spank?”, “their mum knows? into it too?” and “how is youngest with ./_OFFICIAL_SENSITIVE__Allan_Paul_SoS_decision_redacted.pdf-receiving oral”. ./_OFFICIAL_SENSITIVE__Allan_Paul_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Allan_Paul_SoS_decision_redacted.pdf-Mr Allan explained that when using chatrooms, he would play a character [REDACTED]. ./_OFFICIAL_SENSITIVE__Allan_Paul_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Allan_Paul_SoS_decision_redacted.pdf-Having viewed the messages, and heard Mr Allan’s explanation, the panel found that the ./_OFFICIAL_SENSITIVE__Allan_Paul_SoS_decision_redacted.pdf-discussion that Mr Allan had held on the internet website related to incest. The panel also ./_OFFICIAL_SENSITIVE__Allan_Paul_SoS_decision_redacted.pdf:found the discussion to be both inappropriate and to demonstrate a sexual interest in ./_OFFICIAL_SENSITIVE__Allan_Paul_SoS_decision_redacted.pdf-children. He was willing to have a discussion with others that involved children being the ./_OFFICIAL_SENSITIVE__Allan_Paul_SoS_decision_redacted.pdf:subject of an abusive sexual relationship with a family member. ./_OFFICIAL_SENSITIVE__Allan_Paul_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Allan_Paul_SoS_decision_redacted.pdf- 2. Your behaviour as may be found proven at allegation 1 above was conduct ./_OFFICIAL_SENSITIVE__Allan_Paul_SoS_decision_redacted.pdf: of a sexual nature and/or was sexually motivated. ./_OFFICIAL_SENSITIVE__Allan_Paul_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Allan_Paul_SoS_decision_redacted.pdf-Mr Allan denied this allegation. ./_OFFICIAL_SENSITIVE__Allan_Paul_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Allan_Paul_SoS_decision_redacted.pdf-The panel found that the messages relating to incest that Mr Allan exchanged with others ./_OFFICIAL_SENSITIVE__Allan_Paul_SoS_decision_redacted.pdf:were of a sexual nature. By virtue of the fact that they concerned incest, whatever Mr ./_OFFICIAL_SENSITIVE__Allan_Paul_SoS_decision_redacted.pdf-Allan’s purpose had been in relation to those messages, his messages were by their ./_OFFICIAL_SENSITIVE__Allan_Paul_SoS_decision_redacted.pdf:nature sexual. [REDACTED]. Therefore, the panel found Mr Allan’s proven conduct to be ./_OFFICIAL_SENSITIVE__Allan_Paul_SoS_decision_redacted.pdf:both of a sexual nature and sexually motivated. ./_OFFICIAL_SENSITIVE__Allan_Paul_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Allan_Paul_SoS_decision_redacted.pdf-The panel found the following particulars of the allegations against you not proved, for ./_OFFICIAL_SENSITIVE__Allan_Paul_SoS_decision_redacted.pdf-these reasons: ./_OFFICIAL_SENSITIVE__Allan_Paul_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Allan_Paul_SoS_decision_redacted.pdf-Between 2015-2018: ./_OFFICIAL_SENSITIVE__Allan_Paul_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Allan_Paul_SoS_decision_redacted.pdf- 1. You engaged in activity which was inappropriate and/or demonstrated a ./_OFFICIAL_SENSITIVE__Allan_Paul_SoS_decision_redacted.pdf: sexual interest in children in that you: ./_OFFICIAL_SENSITIVE__Allan_Paul_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Allan_Paul_SoS_decision_redacted.pdf- a. accessed and/or were in possession of one or more indecent ./_OFFICIAL_SENSITIVE__Allan_Paul_SoS_decision_redacted.pdf- bestiality images; ./_OFFICIAL_SENSITIVE__Allan_Paul_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Allan_Paul_SoS_decision_redacted.pdf-Mr Allan denied this allegation. ./_OFFICIAL_SENSITIVE__Allan_Paul_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Allan_Paul_SoS_decision_redacted.pdf-The detective constable confirmed that a laptop was seized from Mr Allan’s address and ./_OFFICIAL_SENSITIVE__Allan_Paul_SoS_decision_redacted.pdf-was forensically examined. The forensic examination report confirms that 93 images ./_OFFICIAL_SENSITIVE__Allan_Paul_SoS_decision_redacted.pdf-depicting bestiality were located in user inaccessible areas on this laptop. 41 of those ./_OFFICIAL_SENSITIVE__Allan_Paul_SoS_decision_redacted.pdf-images were located in temporary internet files and had creation dates between 5 April -- ./_OFFICIAL_SENSITIVE__Allan_Paul_SoS_decision_redacted.pdf-computers and that she would not have been surprised if he had downloaded files that he ./_OFFICIAL_SENSITIVE__Allan_Paul_SoS_decision_redacted.pdf-had not intended to. [REDACTED]. ./_OFFICIAL_SENSITIVE__Allan_Paul_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Allan_Paul_SoS_decision_redacted.pdf-Since bestiality images were found on Mr Allan’s laptop, he was therefore in possession ./_OFFICIAL_SENSITIVE__Allan_Paul_SoS_decision_redacted.pdf-of them. Given that the images were found in a user inaccessible area; the images were ./_OFFICIAL_SENSITIVE__Allan_Paul_SoS_decision_redacted.pdf-old; it was plausible that the laptop had been inherited; [REDACTED] the panel did not ./_OFFICIAL_SENSITIVE__Allan_Paul_SoS_decision_redacted.pdf-find it more probable than not that Mr Allan had accessed them. The panel did not find Mr ./_OFFICIAL_SENSITIVE__Allan_Paul_SoS_decision_redacted.pdf-Allan to have acted inappropriately in being in possession of the images, since if they ./_OFFICIAL_SENSITIVE__Allan_Paul_SoS_decision_redacted.pdf-were in a user inaccessible area, the panel accepted on the balance of probabilities that ./_OFFICIAL_SENSITIVE__Allan_Paul_SoS_decision_redacted.pdf-he had no reason to know that they were present. Further, the possession of the images ./_OFFICIAL_SENSITIVE__Allan_Paul_SoS_decision_redacted.pdf:could not demonstrate a sexual interest in children since the images were of adults and ./_OFFICIAL_SENSITIVE__Allan_Paul_SoS_decision_redacted.pdf-animals. ./_OFFICIAL_SENSITIVE__Allan_Paul_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Allan_Paul_SoS_decision_redacted.pdf- c. made one or more internet searches for ‘Mommys teen teaching ./_OFFICIAL_SENSITIVE__Allan_Paul_SoS_decision_redacted.pdf- masturbation’ or used search terms to that effect. ./_OFFICIAL_SENSITIVE__Allan_Paul_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Allan_Paul_SoS_decision_redacted.pdf-Mr Allan admitted this allegation. ./_OFFICIAL_SENSITIVE__Allan_Paul_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Allan_Paul_SoS_decision_redacted.pdf-The forensic examination report of Mr Allan’s devices stated that this search term had ./_OFFICIAL_SENSITIVE__Allan_Paul_SoS_decision_redacted.pdf-been identified and was indicative of searching for indecent images of children. ./_OFFICIAL_SENSITIVE__Allan_Paul_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Allan_Paul_SoS_decision_redacted.pdf-Initially, Mr Allan could not recall carrying out this search, although did not deny it was ./_OFFICIAL_SENSITIVE__Allan_Paul_SoS_decision_redacted.pdf-amongst his search history. ./_OFFICIAL_SENSITIVE__Allan_Paul_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Allan_Paul_SoS_decision_redacted.pdf-[REDACTED] ./_OFFICIAL_SENSITIVE__Allan_Paul_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Allan_Paul_SoS_decision_redacted.pdf-Mr Allan explained that the video he was looking for depicted an adult, without the step- ./_OFFICIAL_SENSITIVE__Allan_Paul_SoS_decision_redacted.pdf-son being present. Furthermore the title of the search did not indicate the age of the ./_OFFICIAL_SENSITIVE__Allan_Paul_SoS_decision_redacted.pdf-child, since teen could mean an adult of eighteen or nineteen years old. The panel ./_OFFICIAL_SENSITIVE__Allan_Paul_SoS_decision_redacted.pdf-therefore did not find that it had been proven that this search was inappropriate, nor that ./_OFFICIAL_SENSITIVE__Allan_Paul_SoS_decision_redacted.pdf:it demonstrated a sexual interest in children. ./_OFFICIAL_SENSITIVE__Allan_Paul_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Allan_Paul_SoS_decision_redacted.pdf- 3. You sought to conceal that he had accessed and/or were in possession of ./_OFFICIAL_SENSITIVE__Allan_Paul_SoS_decision_redacted.pdf- one or more indecent images of children, in that you: ./_OFFICIAL_SENSITIVE__Allan_Paul_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Allan_Paul_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Allan_Paul_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Allan_Paul_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Allan_Paul_SoS_decision_redacted.pdf- 11 ./_OFFICIAL_SENSITIVE__Allan_Paul_SoS_decision_redacted.pdf- -- ./_OFFICIAL_SENSITIVE__Allan_Paul_SoS_decision_redacted.pdf-involved breaches of the Teachers’ Standards. The panel considered that, by reference ./_OFFICIAL_SENSITIVE__Allan_Paul_SoS_decision_redacted.pdf-to Part 2, Mr Allan was in breach of the following standards: ./_OFFICIAL_SENSITIVE__Allan_Paul_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Allan_Paul_SoS_decision_redacted.pdf- Teachers uphold public trust in the profession and maintain high standards of ethics ./_OFFICIAL_SENSITIVE__Allan_Paul_SoS_decision_redacted.pdf- and behaviour, within and outside school, by ./_OFFICIAL_SENSITIVE__Allan_Paul_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Allan_Paul_SoS_decision_redacted.pdf- o not undermining fundamental British values, including democracy, the rule ./_OFFICIAL_SENSITIVE__Allan_Paul_SoS_decision_redacted.pdf- of law, individual liberty and mutual respect, and tolerance of those with ./_OFFICIAL_SENSITIVE__Allan_Paul_SoS_decision_redacted.pdf- different faiths and beliefs ./_OFFICIAL_SENSITIVE__Allan_Paul_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Allan_Paul_SoS_decision_redacted.pdf:Incest and the sexualisation of children is contrary to fundamental British values and the ./_OFFICIAL_SENSITIVE__Allan_Paul_SoS_decision_redacted.pdf-rule of law. [REDACTED]. ./_OFFICIAL_SENSITIVE__Allan_Paul_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Allan_Paul_SoS_decision_redacted.pdf-The panel was satisfied that the conduct of Mr Allan fell significantly short of the standard ./_OFFICIAL_SENSITIVE__Allan_Paul_SoS_decision_redacted.pdf-of behaviour expected of a teacher. ./_OFFICIAL_SENSITIVE__Allan_Paul_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Allan_Paul_SoS_decision_redacted.pdf-The panel also considered whether Mr Allan’s conduct displayed behaviours associated ./_OFFICIAL_SENSITIVE__Allan_Paul_SoS_decision_redacted.pdf-with any of the offences in the list that begins on page 12 of the Advice. The panel found ./_OFFICIAL_SENSITIVE__Allan_Paul_SoS_decision_redacted.pdf:that the offence of sexual activity was relevant, since the discussions related to sexual ./_OFFICIAL_SENSITIVE__Allan_Paul_SoS_decision_redacted.pdf-activity between online users and their children. The Advice indicates that where ./_OFFICIAL_SENSITIVE__Allan_Paul_SoS_decision_redacted.pdf-behaviours associated with such an offence exist, a panel is likely to conclude that an ./_OFFICIAL_SENSITIVE__Allan_Paul_SoS_decision_redacted.pdf-individual’s conduct would amount to unacceptable professional conduct. ./_OFFICIAL_SENSITIVE__Allan_Paul_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Allan_Paul_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Allan_Paul_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Allan_Paul_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Allan_Paul_SoS_decision_redacted.pdf- 13 ./_OFFICIAL_SENSITIVE__Allan_Paul_SoS_decision_redacted.pdf- -- ./_OFFICIAL_SENSITIVE__Allan_Paul_SoS_decision_redacted.pdf-The panel noted that the conduct found proven took place outside the education setting. ./_OFFICIAL_SENSITIVE__Allan_Paul_SoS_decision_redacted.pdf-However, it was capable of leading pupils to being exposed to, or influenced by, the ./_OFFICIAL_SENSITIVE__Allan_Paul_SoS_decision_redacted.pdf:behaviour in a harmful way since normalising the sexualisation of children encourages ./_OFFICIAL_SENSITIVE__Allan_Paul_SoS_decision_redacted.pdf-such behaviour. [REDACTED]. ./_OFFICIAL_SENSITIVE__Allan_Paul_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Allan_Paul_SoS_decision_redacted.pdf-Accordingly, the panel was satisfied that Mr Allan was guilty of unacceptable professional ./_OFFICIAL_SENSITIVE__Allan_Paul_SoS_decision_redacted.pdf-conduct. ./_OFFICIAL_SENSITIVE__Allan_Paul_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Allan_Paul_SoS_decision_redacted.pdf-The panel went on to consider whether his conduct may bring the profession into ./_OFFICIAL_SENSITIVE__Allan_Paul_SoS_decision_redacted.pdf-disrepute. The panel took into account the way the teaching profession is viewed by ./_OFFICIAL_SENSITIVE__Allan_Paul_SoS_decision_redacted.pdf-others, the responsibilities and duties of teachers in relation to the safeguarding and ./_OFFICIAL_SENSITIVE__Allan_Paul_SoS_decision_redacted.pdf-welfare of pupils and considered the influence that teachers may have on pupils, parents ./_OFFICIAL_SENSITIVE__Allan_Paul_SoS_decision_redacted.pdf-and others in the community. The panel also took account of the uniquely influential role ./_OFFICIAL_SENSITIVE__Allan_Paul_SoS_decision_redacted.pdf-that teachers can hold in pupils’ lives and the fact that pupils must be able to view ./_OFFICIAL_SENSITIVE__Allan_Paul_SoS_decision_redacted.pdf-teachers as role models in the way that they behave. ./_OFFICIAL_SENSITIVE__Allan_Paul_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Allan_Paul_SoS_decision_redacted.pdf-In considering the issue of disrepute, the panel also considered whether Mr Allan’s ./_OFFICIAL_SENSITIVE__Allan_Paul_SoS_decision_redacted.pdf-displayed behaviours associated with any of the offences in the list that begins on page ./_OFFICIAL_SENSITIVE__Allan_Paul_SoS_decision_redacted.pdf:12 of the Advice. As referred to above the panel found that sexual activity was relevant ./_OFFICIAL_SENSITIVE__Allan_Paul_SoS_decision_redacted.pdf-for the reasons set out above. ./_OFFICIAL_SENSITIVE__Allan_Paul_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Allan_Paul_SoS_decision_redacted.pdf-The Advice indicates that where behaviours associated with such an offence exist, a ./_OFFICIAL_SENSITIVE__Allan_Paul_SoS_decision_redacted.pdf-panel is likely to conclude that an individual’s conduct would amount to conduct that may ./_OFFICIAL_SENSITIVE__Allan_Paul_SoS_decision_redacted.pdf-bring the profession into disrepute. ./_OFFICIAL_SENSITIVE__Allan_Paul_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Allan_Paul_SoS_decision_redacted.pdf-The findings of misconduct are serious, and the conduct displayed would be likely to ./_OFFICIAL_SENSITIVE__Allan_Paul_SoS_decision_redacted.pdf-have a negative impact on the individual’s status as a teacher. ./_OFFICIAL_SENSITIVE__Allan_Paul_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Allan_Paul_SoS_decision_redacted.pdf-The panel considered that Mr Allan’s conduct could potentially damage the public’s -- ./_OFFICIAL_SENSITIVE__Allan_Paul_SoS_decision_redacted.pdf-profession maintain an exemplary level of integrity and ethical standards at all times. ./_OFFICIAL_SENSITIVE__Allan_Paul_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Allan_Paul_SoS_decision_redacted.pdf-The panel took further account of the Advice, which suggests that a panel will likely ./_OFFICIAL_SENSITIVE__Allan_Paul_SoS_decision_redacted.pdf-consider a teacher’s behaviour to be incompatible with being a teacher if there is ./_OFFICIAL_SENSITIVE__Allan_Paul_SoS_decision_redacted.pdf-evidence of one or more of the factors that begin on page 15. In the list of such factors, ./_OFFICIAL_SENSITIVE__Allan_Paul_SoS_decision_redacted.pdf-those that were relevant in this case were: ./_OFFICIAL_SENSITIVE__Allan_Paul_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Allan_Paul_SoS_decision_redacted.pdf- serious departure from the personal and professional conduct elements of the ./_OFFICIAL_SENSITIVE__Allan_Paul_SoS_decision_redacted.pdf- Teachers’ Standards; ./_OFFICIAL_SENSITIVE__Allan_Paul_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Allan_Paul_SoS_decision_redacted.pdf: sexual misconduct, for example, involving actions that were sexually motivated or of a ./_OFFICIAL_SENSITIVE__Allan_Paul_SoS_decision_redacted.pdf: sexual nature …; ./_OFFICIAL_SENSITIVE__Allan_Paul_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Allan_Paul_SoS_decision_redacted.pdf- 15 ./_OFFICIAL_SENSITIVE__Allan_Paul_SoS_decision_redacted.pdf- -- ./_OFFICIAL_SENSITIVE__Allan_Paul_SoS_decision_redacted.pdf- actions or behaviours that … undermine fundamental British values of …, the rule of ./_OFFICIAL_SENSITIVE__Allan_Paul_SoS_decision_redacted.pdf- law…; ./_OFFICIAL_SENSITIVE__Allan_Paul_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Allan_Paul_SoS_decision_redacted.pdf- a deep-seated attitude that leads to harmful behaviour. ./_OFFICIAL_SENSITIVE__Allan_Paul_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Allan_Paul_SoS_decision_redacted.pdf-The panel considered Mr Allan to have such a deep-seated attitude. He continues to ./_OFFICIAL_SENSITIVE__Allan_Paul_SoS_decision_redacted.pdf-have an interest in understanding the psychology of paedophiles. He has described ./_OFFICIAL_SENSITIVE__Allan_Paul_SoS_decision_redacted.pdf-himself as “lending a sympathetic but discouraging ear” to those who engage in such ./_OFFICIAL_SENSITIVE__Allan_Paul_SoS_decision_redacted.pdf:behaviour given that there is no legal outlet for their sexual predilections. He also finds ./_OFFICIAL_SENSITIVE__Allan_Paul_SoS_decision_redacted.pdf-discussions about [REDACTED]. Mr Allan lacks the appreciation that exploring this in his ./_OFFICIAL_SENSITIVE__Allan_Paul_SoS_decision_redacted.pdf-online behaviour is potentially harmful. Although there is no evidence of any child having ./_OFFICIAL_SENSITIVE__Allan_Paul_SoS_decision_redacted.pdf-been harmed by Mr Allan’s conduct, by his behaviour he would risk encouraging this. ./_OFFICIAL_SENSITIVE__Allan_Paul_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Allan_Paul_SoS_decision_redacted.pdf-Even though some of the behaviour found proved in this case indicated that a prohibition ./_OFFICIAL_SENSITIVE__Allan_Paul_SoS_decision_redacted.pdf-order would be appropriate, the panel went on to consider the mitigation offered by Mr ./_OFFICIAL_SENSITIVE__Allan_Paul_SoS_decision_redacted.pdf-Allan and whether there were other mitigating circumstances. The panel took account of ./_OFFICIAL_SENSITIVE__Allan_Paul_SoS_decision_redacted.pdf-the public interest and the seriousness of the behaviour and the likely harm to the public ./_OFFICIAL_SENSITIVE__Allan_Paul_SoS_decision_redacted.pdf-interest were Mr Allan be allowed to continue to teach. ./_OFFICIAL_SENSITIVE__Allan_Paul_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Allan_Paul_SoS_decision_redacted.pdf-There was evidence that Mr Allan’s actions were deliberate. ./_OFFICIAL_SENSITIVE__Allan_Paul_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Allan_Paul_SoS_decision_redacted.pdf-There was no evidence to suggest that Mr Allan was acting under extreme duress, e.g. a ./_OFFICIAL_SENSITIVE__Allan_Paul_SoS_decision_redacted.pdf-physical threat or significant intimidation and, in fact, the panel found Mr Allan’s actions to ./_OFFICIAL_SENSITIVE__Allan_Paul_SoS_decision_redacted.pdf:be sexually motivated. ./_OFFICIAL_SENSITIVE__Allan_Paul_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Allan_Paul_SoS_decision_redacted.pdf-Mr Allan did have a previously good history as far as the panel is aware, but there was no ./_OFFICIAL_SENSITIVE__Allan_Paul_SoS_decision_redacted.pdf-evidence produced of him having demonstrated exceptionally high standards in both his ./_OFFICIAL_SENSITIVE__Allan_Paul_SoS_decision_redacted.pdf-personal and professional conduct or having contributed significantly to the education ./_OFFICIAL_SENSITIVE__Allan_Paul_SoS_decision_redacted.pdf-sector. He fairly described himself as an average teacher but a very good tutor and ./_OFFICIAL_SENSITIVE__Allan_Paul_SoS_decision_redacted.pdf-athletics coach. ./_OFFICIAL_SENSITIVE__Allan_Paul_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Allan_Paul_SoS_decision_redacted.pdf-The presenting officer confirmed that there were no disciplinary proceedings or warnings ./_OFFICIAL_SENSITIVE__Allan_Paul_SoS_decision_redacted.pdf-against Mr Allan as far as he was aware. ./_OFFICIAL_SENSITIVE__Allan_Paul_SoS_decision_redacted.pdf- -- ./_OFFICIAL_SENSITIVE__Allan_Paul_SoS_decision_redacted.pdf-whether the publication of the findings made by the panel would be sufficient. ./_OFFICIAL_SENSITIVE__Allan_Paul_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Allan_Paul_SoS_decision_redacted.pdf-The panel was of the view that, applying the standard of the ordinary intelligent citizen, it ./_OFFICIAL_SENSITIVE__Allan_Paul_SoS_decision_redacted.pdf-would not be a proportionate and appropriate response to recommend no prohibition ./_OFFICIAL_SENSITIVE__Allan_Paul_SoS_decision_redacted.pdf-order. Recommending that the publication of adverse findings would be sufficient would ./_OFFICIAL_SENSITIVE__Allan_Paul_SoS_decision_redacted.pdf-unacceptably compromise the public interest considerations present in this case, despite ./_OFFICIAL_SENSITIVE__Allan_Paul_SoS_decision_redacted.pdf-the severity of the consequences for Mr Allan of prohibition. ./_OFFICIAL_SENSITIVE__Allan_Paul_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Allan_Paul_SoS_decision_redacted.pdf-The panel was of the view that prohibition was both proportionate and appropriate. The ./_OFFICIAL_SENSITIVE__Allan_Paul_SoS_decision_redacted.pdf-panel decided that the public interest considerations outweighed the interests of Mr Allan. ./_OFFICIAL_SENSITIVE__Allan_Paul_SoS_decision_redacted.pdf:The inappropriate sexualisation of children was a significant factor in forming that ./_OFFICIAL_SENSITIVE__Allan_Paul_SoS_decision_redacted.pdf-opinion. Accordingly, the panel made a recommendation to the Secretary of State that a ./_OFFICIAL_SENSITIVE__Allan_Paul_SoS_decision_redacted.pdf-prohibition order should be imposed with immediate effect. ./_OFFICIAL_SENSITIVE__Allan_Paul_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Allan_Paul_SoS_decision_redacted.pdf-The panel went on to consider whether or not it would be appropriate for it to decide to ./_OFFICIAL_SENSITIVE__Allan_Paul_SoS_decision_redacted.pdf-recommend a review period of the order. The panel was mindful that the Advice states ./_OFFICIAL_SENSITIVE__Allan_Paul_SoS_decision_redacted.pdf-that a prohibition order applies for life, but there may be circumstances, in any given ./_OFFICIAL_SENSITIVE__Allan_Paul_SoS_decision_redacted.pdf-case, that may make it appropriate to allow a teacher to apply to have the prohibition ./_OFFICIAL_SENSITIVE__Allan_Paul_SoS_decision_redacted.pdf-order reviewed after a specified period of time that may not be less than 2 years. ./_OFFICIAL_SENSITIVE__Allan_Paul_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Allan_Paul_SoS_decision_redacted.pdf-The Advice indicates that there are cases involving certain conduct where it is likely that ./_OFFICIAL_SENSITIVE__Allan_Paul_SoS_decision_redacted.pdf-the public interest will have greater relevance and weigh in favour of not offering a review ./_OFFICIAL_SENSITIVE__Allan_Paul_SoS_decision_redacted.pdf:period. These cases include serious sexual misconduct, e.g. where the act was sexually ./_OFFICIAL_SENSITIVE__Allan_Paul_SoS_decision_redacted.pdf-motivated and resulted in, or had the potential to result in, harm to a person or persons, ./_OFFICIAL_SENSITIVE__Allan_Paul_SoS_decision_redacted.pdf-particularly where the individual has used his professional position to influence or exploit ./_OFFICIAL_SENSITIVE__Allan_Paul_SoS_decision_redacted.pdf-a person or persons. The panel found that, although he did not use his professional ./_OFFICIAL_SENSITIVE__Allan_Paul_SoS_decision_redacted.pdf:position in this regard, Mr Allan was responsible for exchanging sexually motivated ./_OFFICIAL_SENSITIVE__Allan_Paul_SoS_decision_redacted.pdf-messages concerning incest. ./_OFFICIAL_SENSITIVE__Allan_Paul_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Allan_Paul_SoS_decision_redacted.pdf-Mr Allan gave a full and frank account to the panel of his actions and his motivations. He ./_OFFICIAL_SENSITIVE__Allan_Paul_SoS_decision_redacted.pdf-did not attempt to conceal those matters that drove his actions. However, he lacks ./_OFFICIAL_SENSITIVE__Allan_Paul_SoS_decision_redacted.pdf-recognition of the potential impact on children. He did not believe those children referred ./_OFFICIAL_SENSITIVE__Allan_Paul_SoS_decision_redacted.pdf-to in exchanges were real individuals and failed to make any connection between such ./_OFFICIAL_SENSITIVE__Allan_Paul_SoS_decision_redacted.pdf-online activity and the safeguarding of children. [REDACTED]. ./_OFFICIAL_SENSITIVE__Allan_Paul_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Allan_Paul_SoS_decision_redacted.pdf-The panel decided that its findings indicated a situation in which a review period would ./_OFFICIAL_SENSITIVE__Allan_Paul_SoS_decision_redacted.pdf-not be appropriate and, as such, decided that it would be proportionate, in all the -- ./_OFFICIAL_SENSITIVE__Allan_Paul_SoS_decision_redacted.pdf- Teachers uphold public trust in the profession and maintain high standards of ethics ./_OFFICIAL_SENSITIVE__Allan_Paul_SoS_decision_redacted.pdf- and behaviour, within and outside school, by ./_OFFICIAL_SENSITIVE__Allan_Paul_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Allan_Paul_SoS_decision_redacted.pdf- o not undermining fundamental British values, including democracy, the rule ./_OFFICIAL_SENSITIVE__Allan_Paul_SoS_decision_redacted.pdf- of law, individual liberty and mutual respect, and tolerance of those with ./_OFFICIAL_SENSITIVE__Allan_Paul_SoS_decision_redacted.pdf- different faiths and beliefs ./_OFFICIAL_SENSITIVE__Allan_Paul_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Allan_Paul_SoS_decision_redacted.pdf-The panel finds that the conduct of Mr Allan fell significantly short of the standards ./_OFFICIAL_SENSITIVE__Allan_Paul_SoS_decision_redacted.pdf-expected of a teacher. ./_OFFICIAL_SENSITIVE__Allan_Paul_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Allan_Paul_SoS_decision_redacted.pdf:The findings of misconduct are particularly serious as they include a finding of sexually ./_OFFICIAL_SENSITIVE__Allan_Paul_SoS_decision_redacted.pdf-motivated behaviour in connection with a discussion on an internet website. ./_OFFICIAL_SENSITIVE__Allan_Paul_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Allan_Paul_SoS_decision_redacted.pdf-I have to determine whether the imposition of a prohibition order is proportionate and in ./_OFFICIAL_SENSITIVE__Allan_Paul_SoS_decision_redacted.pdf-the public interest. In considering that for this case, I have considered the overall aim of a ./_OFFICIAL_SENSITIVE__Allan_Paul_SoS_decision_redacted.pdf-prohibition order which is to protect pupils and to maintain public confidence in the ./_OFFICIAL_SENSITIVE__Allan_Paul_SoS_decision_redacted.pdf-profession. I have considered the extent to which a prohibition order in this case would ./_OFFICIAL_SENSITIVE__Allan_Paul_SoS_decision_redacted.pdf-achieve that aim taking into account the impact that it will have on the individual teacher. ./_OFFICIAL_SENSITIVE__Allan_Paul_SoS_decision_redacted.pdf-I have also asked myself, whether a less intrusive measure, such as the published ./_OFFICIAL_SENSITIVE__Allan_Paul_SoS_decision_redacted.pdf-finding of unacceptable professional conduct and conduct that may bring the profession ./_OFFICIAL_SENSITIVE__Allan_Paul_SoS_decision_redacted.pdf-into disrepute, would itself be sufficient to achieve the overall aim. I have to consider ./_OFFICIAL_SENSITIVE__Allan_Paul_SoS_decision_redacted.pdf-whether the consequences of such a publication are themselves sufficient. I have ./_OFFICIAL_SENSITIVE__Allan_Paul_SoS_decision_redacted.pdf-considered therefore whether or not prohibiting Mr Allan, and the impact that will have on ./_OFFICIAL_SENSITIVE__Allan_Paul_SoS_decision_redacted.pdf-the teacher, is proportionate and in the public interest. ./_OFFICIAL_SENSITIVE__Allan_Paul_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Allan_Paul_SoS_decision_redacted.pdf-In this case, I have considered the extent to which a prohibition order would protect ./_OFFICIAL_SENSITIVE__Allan_Paul_SoS_decision_redacted.pdf:children/safeguard pupils. The panel has observed, “Incest and the sexualisation of ./_OFFICIAL_SENSITIVE__Allan_Paul_SoS_decision_redacted.pdf-children is contrary to fundamental British values and the rule of law. [REDACTED]. The ./_OFFICIAL_SENSITIVE__Allan_Paul_SoS_decision_redacted.pdf-panel also observed, “The panel noted that the conduct found proven took place outside ./_OFFICIAL_SENSITIVE__Allan_Paul_SoS_decision_redacted.pdf-the education setting. However, it was capable of leading pupils to being exposed to, or ./_OFFICIAL_SENSITIVE__Allan_Paul_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Allan_Paul_SoS_decision_redacted.pdf- 18 ./_OFFICIAL_SENSITIVE__Allan_Paul_SoS_decision_redacted.pdf- -- ./_OFFICIAL_SENSITIVE__Allan_Paul_SoS_decision_redacted.pdf:influenced by, the behaviour in a harmful way since normalising the sexualisation of ./_OFFICIAL_SENSITIVE__Allan_Paul_SoS_decision_redacted.pdf-children encourages such behaviour.” A prohibition order would therefore prevent such a ./_OFFICIAL_SENSITIVE__Allan_Paul_SoS_decision_redacted.pdf-risk from being present in the future. ./_OFFICIAL_SENSITIVE__Allan_Paul_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Allan_Paul_SoS_decision_redacted.pdf-I have also taken into account the panel’s comments on insight and remorse, which the ./_OFFICIAL_SENSITIVE__Allan_Paul_SoS_decision_redacted.pdf-panel sets out as follows, “Although Mr Allan admitted that his conduct was inappropriate, ./_OFFICIAL_SENSITIVE__Allan_Paul_SoS_decision_redacted.pdf-he appeared to have no appreciation of the harm that could be caused to children as a ./_OFFICIAL_SENSITIVE__Allan_Paul_SoS_decision_redacted.pdf-result of his beliefs which normalised discussions about incest, and the impact those ./_OFFICIAL_SENSITIVE__Allan_Paul_SoS_decision_redacted.pdf-views may have on others who might engage in such behaviour. He has expressed ./_OFFICIAL_SENSITIVE__Allan_Paul_SoS_decision_redacted.pdf-remorse for having put his family through the difficulties caused by his actions, and to the ./_OFFICIAL_SENSITIVE__Allan_Paul_SoS_decision_redacted.pdf-panel for having to deliberate over the case.” The panel also commented that, “Mr Allan -- ./_OFFICIAL_SENSITIVE__Allan_Paul_SoS_decision_redacted.pdf-the potential impact on children. He did not believe those children referred to in ./_OFFICIAL_SENSITIVE__Allan_Paul_SoS_decision_redacted.pdf-exchanges were real individuals and failed to make any connection between such online ./_OFFICIAL_SENSITIVE__Allan_Paul_SoS_decision_redacted.pdf-activity and the safeguarding of children. [REDACTED]. In my judgement, the lack of ./_OFFICIAL_SENSITIVE__Allan_Paul_SoS_decision_redacted.pdf-insight means that there is some risk of the repetition of this behaviour and this puts at ./_OFFICIAL_SENSITIVE__Allan_Paul_SoS_decision_redacted.pdf-risk the future wellbeing of pupils’. I have therefore given this element considerable ./_OFFICIAL_SENSITIVE__Allan_Paul_SoS_decision_redacted.pdf-weight in reaching my decision. ./_OFFICIAL_SENSITIVE__Allan_Paul_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Allan_Paul_SoS_decision_redacted.pdf-I have gone on to consider the extent to which a prohibition order would maintain public ./_OFFICIAL_SENSITIVE__Allan_Paul_SoS_decision_redacted.pdf-confidence in the profession. The panel observe, “The panel considered that Mr Allan’s ./_OFFICIAL_SENSITIVE__Allan_Paul_SoS_decision_redacted.pdf-conduct could potentially damage the public’s perception of a teacher. I am particularly ./_OFFICIAL_SENSITIVE__Allan_Paul_SoS_decision_redacted.pdf:mindful of the finding of sexually motivated behaviour in this case and the impact that ./_OFFICIAL_SENSITIVE__Allan_Paul_SoS_decision_redacted.pdf-such a finding has on the reputation of the profession. ./_OFFICIAL_SENSITIVE__Allan_Paul_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Allan_Paul_SoS_decision_redacted.pdf-I have had to consider that the public has a high expectation of professional standards of ./_OFFICIAL_SENSITIVE__Allan_Paul_SoS_decision_redacted.pdf-all teachers and that the public might regard a failure to impose a prohibition order as a ./_OFFICIAL_SENSITIVE__Allan_Paul_SoS_decision_redacted.pdf-failure to uphold those high standards. In weighing these considerations, I have had to ./_OFFICIAL_SENSITIVE__Allan_Paul_SoS_decision_redacted.pdf-consider the matter from the point of view of an “ordinary intelligent and well-informed ./_OFFICIAL_SENSITIVE__Allan_Paul_SoS_decision_redacted.pdf-citizen.” ./_OFFICIAL_SENSITIVE__Allan_Paul_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Allan_Paul_SoS_decision_redacted.pdf-I have considered whether the publication of a finding of unacceptable professional ./_OFFICIAL_SENSITIVE__Allan_Paul_SoS_decision_redacted.pdf-conduct, in the absence of a prohibition order, can itself be regarded by such a person as -- ./_OFFICIAL_SENSITIVE__Allan_Paul_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Allan_Paul_SoS_decision_redacted.pdf-For these reasons, I have concluded that a prohibition order is proportionate and in the ./_OFFICIAL_SENSITIVE__Allan_Paul_SoS_decision_redacted.pdf-public interest in order to achieve the intended aims of a prohibition order. ./_OFFICIAL_SENSITIVE__Allan_Paul_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Allan_Paul_SoS_decision_redacted.pdf-I have gone on to consider the matter of a review period. In this case, the panel has ./_OFFICIAL_SENSITIVE__Allan_Paul_SoS_decision_redacted.pdf-recommended that no provision should be made for a review period. ./_OFFICIAL_SENSITIVE__Allan_Paul_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Allan_Paul_SoS_decision_redacted.pdf-I have considered the panel’s comments “The Advice indicates that there are cases ./_OFFICIAL_SENSITIVE__Allan_Paul_SoS_decision_redacted.pdf-involving certain conduct where it is likely that the public interest will have greater ./_OFFICIAL_SENSITIVE__Allan_Paul_SoS_decision_redacted.pdf-relevance and weigh in favour of not offering a review period. These cases include ./_OFFICIAL_SENSITIVE__Allan_Paul_SoS_decision_redacted.pdf:serious sexual misconduct, e.g. where the act was sexually motivated and resulted in, or ./_OFFICIAL_SENSITIVE__Allan_Paul_SoS_decision_redacted.pdf-had the potential to result in, harm to a person or persons, particularly where the ./_OFFICIAL_SENSITIVE__Allan_Paul_SoS_decision_redacted.pdf-individual has used his professional position to influence or exploit a person or persons. ./_OFFICIAL_SENSITIVE__Allan_Paul_SoS_decision_redacted.pdf-The panel found that, although he did not use his professional position in this regard, Mr ./_OFFICIAL_SENSITIVE__Allan_Paul_SoS_decision_redacted.pdf:Allan was responsible for exchanging sexually motivated messages concerning incest.” ./_OFFICIAL_SENSITIVE__Allan_Paul_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Allan_Paul_SoS_decision_redacted.pdf-In this case, factors mean that allowing a review period is not sufficient to achieve the ./_OFFICIAL_SENSITIVE__Allan_Paul_SoS_decision_redacted.pdf:aim of maintaining public confidence in the profession. These elements are the sexually ./_OFFICIAL_SENSITIVE__Allan_Paul_SoS_decision_redacted.pdf-motivated behaviour, the lack of either insight or remorse and the panel’s concern that ./_OFFICIAL_SENSITIVE__Allan_Paul_SoS_decision_redacted.pdf-there is a risk of repetition of the proven behaviour. ./_OFFICIAL_SENSITIVE__Allan_Paul_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Allan_Paul_SoS_decision_redacted.pdf-I consider therefore that allowing for no review period is necessary to maintain public ./_OFFICIAL_SENSITIVE__Allan_Paul_SoS_decision_redacted.pdf-confidence and is proportionate and in the public interest. ./_OFFICIAL_SENSITIVE__Allan_Paul_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Allan_Paul_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Allan_Paul_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Allan_Paul_SoS_decision_redacted.pdf-This means that Mr Paul Allan is prohibited from teaching indefinitely and cannot ./_OFFICIAL_SENSITIVE__Allan_Paul_SoS_decision_redacted.pdf-teach in any school, sixth form college, relevant youth accommodation or ./_OFFICIAL_SENSITIVE__Ayres__Louise_SoS_Decision.pdf-It was alleged that Ms Louise Ayres was guilty of unacceptable professional conduct ./_OFFICIAL_SENSITIVE__Ayres__Louise_SoS_Decision.pdf-and/or conduct that may bring the profession into disrepute in that, whilst employed as a ./_OFFICIAL_SENSITIVE__Ayres__Louise_SoS_Decision.pdf-teacher at Engage Trust School (“the School”): ./_OFFICIAL_SENSITIVE__Ayres__Louise_SoS_Decision.pdf- ./_OFFICIAL_SENSITIVE__Ayres__Louise_SoS_Decision.pdf- 1. With respect to one or more safeguarding disclosures and/or concerns raised in or ./_OFFICIAL_SENSITIVE__Ayres__Louise_SoS_Decision.pdf- around July 2018 concerning one or more pupils, she failed to take appropriate ./_OFFICIAL_SENSITIVE__Ayres__Louise_SoS_Decision.pdf- action and/or ensure appropriate action was taken, specifically; ./_OFFICIAL_SENSITIVE__Ayres__Louise_SoS_Decision.pdf- a. by failing to pass on or otherwise take any action with respect to one or ./_OFFICIAL_SENSITIVE__Ayres__Louise_SoS_Decision.pdf- more such disclosures and/or concerns between July and October 2018; ./_OFFICIAL_SENSITIVE__Ayres__Louise_SoS_Decision.pdf- b. in relation to concern(s) that Pupil A was displaying concerning behaviours ./_OFFICIAL_SENSITIVE__Ayres__Louise_SoS_Decision.pdf: linked to sexual abuse; ./_OFFICIAL_SENSITIVE__Ayres__Louise_SoS_Decision.pdf- c. in relation to concern(s) that Pupil B had reported that he was ‘going to ./_OFFICIAL_SENSITIVE__Ayres__Louise_SoS_Decision.pdf- jump off a building and kill himself’ during the holidays; ./_OFFICIAL_SENSITIVE__Ayres__Louise_SoS_Decision.pdf- d. in relation to concern(s) that Pupil C had witnessed his parents smoking ./_OFFICIAL_SENSITIVE__Ayres__Louise_SoS_Decision.pdf- drugs/cocaine; ./_OFFICIAL_SENSITIVE__Ayres__Louise_SoS_Decision.pdf- e. in relation to concern(s) about Pupil D being anxious and upset at going ./_OFFICIAL_SENSITIVE__Ayres__Louise_SoS_Decision.pdf- home; ./_OFFICIAL_SENSITIVE__Ayres__Louise_SoS_Decision.pdf- f. in relation to concern(s) that Pupil E had a long history of exposure to ./_OFFICIAL_SENSITIVE__Ayres__Louise_SoS_Decision.pdf- domestic abuse; ./_OFFICIAL_SENSITIVE__Ayres__Louise_SoS_Decision.pdf- g. in relation to concern(s) Pupil F sustaining a head injury [sic]; ./_OFFICIAL_SENSITIVE__Ayres__Louise_SoS_Decision.pdf- h. in relation to concern(S) Pupil G in relation to fighting with other Pupils [sic]; -- ./_OFFICIAL_SENSITIVE__Ayres__Louise_SoS_Decision.pdf- ./_OFFICIAL_SENSITIVE__Ayres__Louise_SoS_Decision.pdf-The panel found the following particulars of the allegations against you not proved, for ./_OFFICIAL_SENSITIVE__Ayres__Louise_SoS_Decision.pdf-these reasons: ./_OFFICIAL_SENSITIVE__Ayres__Louise_SoS_Decision.pdf- ./_OFFICIAL_SENSITIVE__Ayres__Louise_SoS_Decision.pdf- 1. With respect to one or more safeguarding disclosures and/or concerns ./_OFFICIAL_SENSITIVE__Ayres__Louise_SoS_Decision.pdf- raised in or around July 2018 concerning one or more pupils, you failed to ./_OFFICIAL_SENSITIVE__Ayres__Louise_SoS_Decision.pdf- take appropriate action and/or ensure appropriate action was taken, ./_OFFICIAL_SENSITIVE__Ayres__Louise_SoS_Decision.pdf- specifically; ./_OFFICIAL_SENSITIVE__Ayres__Louise_SoS_Decision.pdf- ./_OFFICIAL_SENSITIVE__Ayres__Louise_SoS_Decision.pdf- b. in relation to concern(s) that Pupil A was displaying concerning ./_OFFICIAL_SENSITIVE__Ayres__Louise_SoS_Decision.pdf: behaviours linked to sexual abuse; ./_OFFICIAL_SENSITIVE__Ayres__Louise_SoS_Decision.pdf- ./_OFFICIAL_SENSITIVE__Ayres__Louise_SoS_Decision.pdf-No evidence was presented in respect of this allegation. The panel was not presented ./_OFFICIAL_SENSITIVE__Ayres__Louise_SoS_Decision.pdf-with any records of concerns or significant incident forms which related to Pupil A ./_OFFICIAL_SENSITIVE__Ayres__Louise_SoS_Decision.pdf:displaying concerning behaviours linked to sexual abuse. Ms Ayres accepted that a ./_OFFICIAL_SENSITIVE__Ayres__Louise_SoS_Decision.pdf-concern had been raised with her in relation to Pupil A, but there was no evidence to ./_OFFICIAL_SENSITIVE__Ayres__Louise_SoS_Decision.pdf-show that Ms Ayres had failed to pass on or otherwise take action in relation to this ./_OFFICIAL_SENSITIVE__Ayres__Louise_SoS_Decision.pdf-concern. ./_OFFICIAL_SENSITIVE__Ayres__Louise_SoS_Decision.pdf- ./_OFFICIAL_SENSITIVE__Ayres__Louise_SoS_Decision.pdf-This allegation was not proved. ./_OFFICIAL_SENSITIVE__Ayres__Louise_SoS_Decision.pdf- ./_OFFICIAL_SENSITIVE__Ayres__Louise_SoS_Decision.pdf- f. in relation to concern(s) that Pupil E had a long history of exposure to ./_OFFICIAL_SENSITIVE__Ayres__Louise_SoS_Decision.pdf- domestic abuse; ./_OFFICIAL_SENSITIVE__Ayres__Louise_SoS_Decision.pdf- ./_OFFICIAL_SENSITIVE__Ayres__Louise_SoS_Decision.pdf-The panel had sight of a number of record of concerns and significant incident forms ./_OFFICIAL_SENSITIVE__Barraclough_Joshua_SoS_decicion_redacted.pdf-Allegations ./_OFFICIAL_SENSITIVE__Barraclough_Joshua_SoS_decicion_redacted.pdf-The panel considered the allegation set out in the notice of meeting dated 3 March 2023. ./_OFFICIAL_SENSITIVE__Barraclough_Joshua_SoS_decicion_redacted.pdf- ./_OFFICIAL_SENSITIVE__Barraclough_Joshua_SoS_decicion_redacted.pdf-It was alleged that Mr Barraclough was guilty of having been convicted, at any time, of a ./_OFFICIAL_SENSITIVE__Barraclough_Joshua_SoS_decicion_redacted.pdf-relevant offence in that: ./_OFFICIAL_SENSITIVE__Barraclough_Joshua_SoS_decicion_redacted.pdf- ./_OFFICIAL_SENSITIVE__Barraclough_Joshua_SoS_decicion_redacted.pdf- 1. On or around 26 January 2022, he was convicted at Leeds Crown Court of the ./_OFFICIAL_SENSITIVE__Barraclough_Joshua_SoS_decicion_redacted.pdf: offence of ‘cause/incite a girl [REDACTED] to engage in sexual activity – offender ./_OFFICIAL_SENSITIVE__Barraclough_Joshua_SoS_decicion_redacted.pdf- 18 or over’. ./_OFFICIAL_SENSITIVE__Barraclough_Joshua_SoS_decicion_redacted.pdf- ./_OFFICIAL_SENSITIVE__Barraclough_Joshua_SoS_decicion_redacted.pdf-Mr Barraclough admitted the facts of allegation 1 and that his behaviour amounted to a ./_OFFICIAL_SENSITIVE__Barraclough_Joshua_SoS_decicion_redacted.pdf-conviction of a relevant offence, as set out in the response to the notice of proceedings ./_OFFICIAL_SENSITIVE__Barraclough_Joshua_SoS_decicion_redacted.pdf-dated 15 February 2023 and in the statement of agreed facts signed by Mr Barraclough ./_OFFICIAL_SENSITIVE__Barraclough_Joshua_SoS_decicion_redacted.pdf-on 5 January 2023. ./_OFFICIAL_SENSITIVE__Barraclough_Joshua_SoS_decicion_redacted.pdf- ./_OFFICIAL_SENSITIVE__Barraclough_Joshua_SoS_decicion_redacted.pdf- ./_OFFICIAL_SENSITIVE__Barraclough_Joshua_SoS_decicion_redacted.pdf-Preliminary applications ./_OFFICIAL_SENSITIVE__Barraclough_Joshua_SoS_decicion_redacted.pdf-There were no preliminary applications. -- ./_OFFICIAL_SENSITIVE__Barraclough_Joshua_SoS_decicion_redacted.pdf-Mr Barraclough was employed as a general classroom teacher and teacher of science at ./_OFFICIAL_SENSITIVE__Barraclough_Joshua_SoS_decicion_redacted.pdf-Minsthorpe Community College (‘the College’), from 1 September 2019. ./_OFFICIAL_SENSITIVE__Barraclough_Joshua_SoS_decicion_redacted.pdf- ./_OFFICIAL_SENSITIVE__Barraclough_Joshua_SoS_decicion_redacted.pdf-The LADO contacted the College on 22 January 2021 to inform them of an ongoing ./_OFFICIAL_SENSITIVE__Barraclough_Joshua_SoS_decicion_redacted.pdf-police investigation involving Mr Barraclough. ./_OFFICIAL_SENSITIVE__Barraclough_Joshua_SoS_decicion_redacted.pdf- ./_OFFICIAL_SENSITIVE__Barraclough_Joshua_SoS_decicion_redacted.pdf-The College held a dismissal hearing and, on 14 May 2021, made the decision to dismiss ./_OFFICIAL_SENSITIVE__Barraclough_Joshua_SoS_decicion_redacted.pdf-Mr Barraclough from the College. ./_OFFICIAL_SENSITIVE__Barraclough_Joshua_SoS_decicion_redacted.pdf- ./_OFFICIAL_SENSITIVE__Barraclough_Joshua_SoS_decicion_redacted.pdf-Mr Barraclough was charged with the offence of cause/incite a girl [REDACTED] to ./_OFFICIAL_SENSITIVE__Barraclough_Joshua_SoS_decicion_redacted.pdf:engage in sexual activity – offender 18 or over. Mr Barraclough pleaded guilty to the ./_OFFICIAL_SENSITIVE__Barraclough_Joshua_SoS_decicion_redacted.pdf-offence and was later sentenced in the Leeds Crown Court. Mr Barraclough was ./_OFFICIAL_SENSITIVE__Barraclough_Joshua_SoS_decicion_redacted.pdf-sentenced to 21 months imprisonment, suspended for 18 months. ./_OFFICIAL_SENSITIVE__Barraclough_Joshua_SoS_decicion_redacted.pdf- ./_OFFICIAL_SENSITIVE__Barraclough_Joshua_SoS_decicion_redacted.pdf-Findings of fact ./_OFFICIAL_SENSITIVE__Barraclough_Joshua_SoS_decicion_redacted.pdf- ./_OFFICIAL_SENSITIVE__Barraclough_Joshua_SoS_decicion_redacted.pdf-The findings of fact are as follows: ./_OFFICIAL_SENSITIVE__Barraclough_Joshua_SoS_decicion_redacted.pdf- ./_OFFICIAL_SENSITIVE__Barraclough_Joshua_SoS_decicion_redacted.pdf-The panel found the following particulars of the allegation against you proved, for these ./_OFFICIAL_SENSITIVE__Barraclough_Joshua_SoS_decicion_redacted.pdf-reasons: ./_OFFICIAL_SENSITIVE__Barraclough_Joshua_SoS_decicion_redacted.pdf- ./_OFFICIAL_SENSITIVE__Barraclough_Joshua_SoS_decicion_redacted.pdf- 1. On or around 26 January 2022, you were convicted at Leeds Crown Court of ./_OFFICIAL_SENSITIVE__Barraclough_Joshua_SoS_decicion_redacted.pdf: the offence of ‘cause/incite a girl [REDACTED] to engage in sexual activity – ./_OFFICIAL_SENSITIVE__Barraclough_Joshua_SoS_decicion_redacted.pdf- offender 18 or over’. ./_OFFICIAL_SENSITIVE__Barraclough_Joshua_SoS_decicion_redacted.pdf- ./_OFFICIAL_SENSITIVE__Barraclough_Joshua_SoS_decicion_redacted.pdf-The panel noted that in the statement of agreed facts, Mr Barraclough admitted to ./_OFFICIAL_SENSITIVE__Barraclough_Joshua_SoS_decicion_redacted.pdf-allegation 1, and that those admitted facts amounted to a conviction of a relevant offence. ./_OFFICIAL_SENSITIVE__Barraclough_Joshua_SoS_decicion_redacted.pdf-Notwithstanding this, the panel made its own determination based on the evidence ./_OFFICIAL_SENSITIVE__Barraclough_Joshua_SoS_decicion_redacted.pdf-before it. ./_OFFICIAL_SENSITIVE__Barraclough_Joshua_SoS_decicion_redacted.pdf- ./_OFFICIAL_SENSITIVE__Barraclough_Joshua_SoS_decicion_redacted.pdf- 5 ./_OFFICIAL_SENSITIVE__Barraclough_Joshua_SoS_decicion_redacted.pdf- -- ./_OFFICIAL_SENSITIVE__Barraclough_Joshua_SoS_decicion_redacted.pdf-The panel noted page 8 of the Teacher misconduct: The prohibition of teachers (‘the ./_OFFICIAL_SENSITIVE__Barraclough_Joshua_SoS_decicion_redacted.pdf-Advice’) which states that where there has been a conviction at any time, of a criminal ./_OFFICIAL_SENSITIVE__Barraclough_Joshua_SoS_decicion_redacted.pdf-offence, the panel will accept the certificate of conviction as conclusive proof of both the ./_OFFICIAL_SENSITIVE__Barraclough_Joshua_SoS_decicion_redacted.pdf-conviction and the facts necessarily implied by the conviction, unless exceptional ./_OFFICIAL_SENSITIVE__Barraclough_Joshua_SoS_decicion_redacted.pdf-circumstances apply. The panel did not find that any exceptional circumstances applied ./_OFFICIAL_SENSITIVE__Barraclough_Joshua_SoS_decicion_redacted.pdf-in this case. ./_OFFICIAL_SENSITIVE__Barraclough_Joshua_SoS_decicion_redacted.pdf- ./_OFFICIAL_SENSITIVE__Barraclough_Joshua_SoS_decicion_redacted.pdf-The panel had been provided with a copy of the certificate of conviction from Leeds ./_OFFICIAL_SENSITIVE__Barraclough_Joshua_SoS_decicion_redacted.pdf-Crown Court, which detailed that Mr Barraclough had been convicted of one count of ./_OFFICIAL_SENSITIVE__Barraclough_Joshua_SoS_decicion_redacted.pdf:cause/incite a girl [REDACTED] to engage in sexual activity – offender 18 or over. The ./_OFFICIAL_SENSITIVE__Barraclough_Joshua_SoS_decicion_redacted.pdf-panel specifically noted that the sentencing remarks stated that Mr Barraclough had been ./_OFFICIAL_SENSITIVE__Barraclough_Joshua_SoS_decicion_redacted.pdf-convicted upon a guilty plea. ./_OFFICIAL_SENSITIVE__Barraclough_Joshua_SoS_decicion_redacted.pdf- ./_OFFICIAL_SENSITIVE__Barraclough_Joshua_SoS_decicion_redacted.pdf-In respect of the allegations, Mr Barraclough was sentenced at Leeds Crown Court on 26 ./_OFFICIAL_SENSITIVE__Barraclough_Joshua_SoS_decicion_redacted.pdf-January 2022 to 21 months’ imprisonment, suspended for 18 months. In addition, he was ./_OFFICIAL_SENSITIVE__Barraclough_Joshua_SoS_decicion_redacted.pdf-ordered to undertake a rehabilitation activity requirement for a maximum of 15 days; ./_OFFICIAL_SENSITIVE__Barraclough_Joshua_SoS_decicion_redacted.pdf-undertake rehabilitation activity requirements as directed by an authorised provider of ./_OFFICIAL_SENSITIVE__Barraclough_Joshua_SoS_decicion_redacted.pdf-probation; carry out unpaid work for 100 hours before 7 March 2023; and was placed on ./_OFFICIAL_SENSITIVE__Barraclough_Joshua_SoS_decicion_redacted.pdf-the Sex Offenders Register for a period of 10 years. ./_OFFICIAL_SENSITIVE__Barraclough_Joshua_SoS_decicion_redacted.pdf- -- ./_OFFICIAL_SENSITIVE__Barraclough_Joshua_SoS_decicion_redacted.pdf- the public; ./_OFFICIAL_SENSITIVE__Barraclough_Joshua_SoS_decicion_redacted.pdf- ./_OFFICIAL_SENSITIVE__Barraclough_Joshua_SoS_decicion_redacted.pdf- • the maintenance of public confidence in the profession; ./_OFFICIAL_SENSITIVE__Barraclough_Joshua_SoS_decicion_redacted.pdf- ./_OFFICIAL_SENSITIVE__Barraclough_Joshua_SoS_decicion_redacted.pdf- • declaring and upholding proper standards of conduct; and ./_OFFICIAL_SENSITIVE__Barraclough_Joshua_SoS_decicion_redacted.pdf- ./_OFFICIAL_SENSITIVE__Barraclough_Joshua_SoS_decicion_redacted.pdf- • that prohibition strikes the right balance between the rights of the teacher and the ./_OFFICIAL_SENSITIVE__Barraclough_Joshua_SoS_decicion_redacted.pdf- public interest, if they are in conflict. ./_OFFICIAL_SENSITIVE__Barraclough_Joshua_SoS_decicion_redacted.pdf- ./_OFFICIAL_SENSITIVE__Barraclough_Joshua_SoS_decicion_redacted.pdf-In the light of the panel’s findings against Mr Barraclough, which involved a conviction of ./_OFFICIAL_SENSITIVE__Barraclough_Joshua_SoS_decicion_redacted.pdf:causing/inciting sexual activity of a girl aged [REDACTED], there was a strong public ./_OFFICIAL_SENSITIVE__Barraclough_Joshua_SoS_decicion_redacted.pdf-interest consideration in respect of the protection of pupils. ./_OFFICIAL_SENSITIVE__Barraclough_Joshua_SoS_decicion_redacted.pdf- ./_OFFICIAL_SENSITIVE__Barraclough_Joshua_SoS_decicion_redacted.pdf-Similarly, the panel considered that public confidence in the profession could be seriously ./_OFFICIAL_SENSITIVE__Barraclough_Joshua_SoS_decicion_redacted.pdf-weakened if conduct such as that found against Mr Barraclough were not treated with the ./_OFFICIAL_SENSITIVE__Barraclough_Joshua_SoS_decicion_redacted.pdf-utmost seriousness when regulating the conduct of the profession. ./_OFFICIAL_SENSITIVE__Barraclough_Joshua_SoS_decicion_redacted.pdf- ./_OFFICIAL_SENSITIVE__Barraclough_Joshua_SoS_decicion_redacted.pdf- ./_OFFICIAL_SENSITIVE__Barraclough_Joshua_SoS_decicion_redacted.pdf- ./_OFFICIAL_SENSITIVE__Barraclough_Joshua_SoS_decicion_redacted.pdf- ./_OFFICIAL_SENSITIVE__Barraclough_Joshua_SoS_decicion_redacted.pdf- 7 -- ./_OFFICIAL_SENSITIVE__Barraclough_Joshua_SoS_decicion_redacted.pdf- ./_OFFICIAL_SENSITIVE__Barraclough_Joshua_SoS_decicion_redacted.pdf- • the commission of a serious criminal offence, including those that resulted in a ./_OFFICIAL_SENSITIVE__Barraclough_Joshua_SoS_decicion_redacted.pdf- conviction or caution, paying particular attention to offences that are ‘relevant ./_OFFICIAL_SENSITIVE__Barraclough_Joshua_SoS_decicion_redacted.pdf- matters’ for the purposes of The Police Act 1997 and criminal record disclosures. ./_OFFICIAL_SENSITIVE__Barraclough_Joshua_SoS_decicion_redacted.pdf- ./_OFFICIAL_SENSITIVE__Barraclough_Joshua_SoS_decicion_redacted.pdf- • misconduct seriously affecting the education and/or well-being of pupils, and ./_OFFICIAL_SENSITIVE__Barraclough_Joshua_SoS_decicion_redacted.pdf- particularly where there is a continuing risk; ./_OFFICIAL_SENSITIVE__Barraclough_Joshua_SoS_decicion_redacted.pdf- ./_OFFICIAL_SENSITIVE__Barraclough_Joshua_SoS_decicion_redacted.pdf- • abuse of position or trust (particularly involving pupils); ./_OFFICIAL_SENSITIVE__Barraclough_Joshua_SoS_decicion_redacted.pdf- ./_OFFICIAL_SENSITIVE__Barraclough_Joshua_SoS_decicion_redacted.pdf: • sexual misconduct; ./_OFFICIAL_SENSITIVE__Barraclough_Joshua_SoS_decicion_redacted.pdf- ./_OFFICIAL_SENSITIVE__Barraclough_Joshua_SoS_decicion_redacted.pdf- • failure in their duty of care towards a child. ./_OFFICIAL_SENSITIVE__Barraclough_Joshua_SoS_decicion_redacted.pdf- ./_OFFICIAL_SENSITIVE__Barraclough_Joshua_SoS_decicion_redacted.pdf-Even though some of the behaviour found proved in this case indicated that a prohibition ./_OFFICIAL_SENSITIVE__Barraclough_Joshua_SoS_decicion_redacted.pdf-order would be appropriate, the panel went on to consider the mitigating factors. ./_OFFICIAL_SENSITIVE__Barraclough_Joshua_SoS_decicion_redacted.pdf-Mitigating factors may indicate that a prohibition order would not be appropriate or ./_OFFICIAL_SENSITIVE__Barraclough_Joshua_SoS_decicion_redacted.pdf-proportionate. ./_OFFICIAL_SENSITIVE__Barraclough_Joshua_SoS_decicion_redacted.pdf- ./_OFFICIAL_SENSITIVE__Barraclough_Joshua_SoS_decicion_redacted.pdf-There was no evidence that Mr Barraclough’s actions were not deliberate. ./_OFFICIAL_SENSITIVE__Barraclough_Joshua_SoS_decicion_redacted.pdf- ./_OFFICIAL_SENSITIVE__Barraclough_Joshua_SoS_decicion_redacted.pdf-There was no evidence to suggest that Mr Barraclough was acting under extreme ./_OFFICIAL_SENSITIVE__Barraclough_Joshua_SoS_decicion_redacted.pdf-duress. ./_OFFICIAL_SENSITIVE__Barraclough_Joshua_SoS_decicion_redacted.pdf- ./_OFFICIAL_SENSITIVE__Barraclough_Joshua_SoS_decicion_redacted.pdf-The panel noted the sentencing remarks submitted as part of the bundle which outlined a ./_OFFICIAL_SENSITIVE__Barraclough_Joshua_SoS_decicion_redacted.pdf-number of mitigating factors taken into consideration at the sentencing stage. The Judge ./_OFFICIAL_SENSITIVE__Barraclough_Joshua_SoS_decicion_redacted.pdf-noted that Mr Barraclough was clearly not fully mature at the time the incident took place, ./_OFFICIAL_SENSITIVE__Barraclough_Joshua_SoS_decicion_redacted.pdf-and was quite confident that should the same thing happen now, Mr Barraclough would ./_OFFICIAL_SENSITIVE__Barraclough_Joshua_SoS_decicion_redacted.pdf-not have done it. The Judge noted that no grooming behaviour had taken place, given ./_OFFICIAL_SENSITIVE__Barraclough_Joshua_SoS_decicion_redacted.pdf-that it was the girl who had contacted Mr Barraclough and who was leading the ./_OFFICIAL_SENSITIVE__Barraclough_Joshua_SoS_decicion_redacted.pdf:sexualised conversation; Mr Barraclough also stopped the conversation. The Judge took ./_OFFICIAL_SENSITIVE__Barraclough_Joshua_SoS_decicion_redacted.pdf- ./_OFFICIAL_SENSITIVE__Barraclough_Joshua_SoS_decicion_redacted.pdf- ./_OFFICIAL_SENSITIVE__Barraclough_Joshua_SoS_decicion_redacted.pdf- 8 ./_OFFICIAL_SENSITIVE__Barraclough_Joshua_SoS_decicion_redacted.pdf- -- ./_OFFICIAL_SENSITIVE__Barraclough_Joshua_SoS_decicion_redacted.pdf-the Secretary of State that a prohibition order should be imposed with immediate effect. ./_OFFICIAL_SENSITIVE__Barraclough_Joshua_SoS_decicion_redacted.pdf- ./_OFFICIAL_SENSITIVE__Barraclough_Joshua_SoS_decicion_redacted.pdf-The panel went on to consider whether or not it would be appropriate to recommend that ./_OFFICIAL_SENSITIVE__Barraclough_Joshua_SoS_decicion_redacted.pdf-a review period of the order should be considered. The panel was mindful that the Advice ./_OFFICIAL_SENSITIVE__Barraclough_Joshua_SoS_decicion_redacted.pdf-states that a prohibition order applies for life, but there may be circumstances, in any ./_OFFICIAL_SENSITIVE__Barraclough_Joshua_SoS_decicion_redacted.pdf-given case, that may make it appropriate to allow a teacher to apply to have the ./_OFFICIAL_SENSITIVE__Barraclough_Joshua_SoS_decicion_redacted.pdf-prohibition order reviewed after a specified period of time that may not be less than 2 ./_OFFICIAL_SENSITIVE__Barraclough_Joshua_SoS_decicion_redacted.pdf-years. ./_OFFICIAL_SENSITIVE__Barraclough_Joshua_SoS_decicion_redacted.pdf- ./_OFFICIAL_SENSITIVE__Barraclough_Joshua_SoS_decicion_redacted.pdf-The Advice indicates that there are behaviours that, if proved, would militate against the ./_OFFICIAL_SENSITIVE__Barraclough_Joshua_SoS_decicion_redacted.pdf:recommendation of a review period. These behaviours include serious sexual ./_OFFICIAL_SENSITIVE__Barraclough_Joshua_SoS_decicion_redacted.pdf:misconduct, such as where the act was sexually motivated and resulted in, or had the ./_OFFICIAL_SENSITIVE__Barraclough_Joshua_SoS_decicion_redacted.pdf-potential to result in, harm to a person or persons, particularly where the individual has ./_OFFICIAL_SENSITIVE__Barraclough_Joshua_SoS_decicion_redacted.pdf:used his professional position to influence or exploit a person or persons and any sexual ./_OFFICIAL_SENSITIVE__Barraclough_Joshua_SoS_decicion_redacted.pdf-misconduct involving a child. The panel noted that whilst the behaviour occurred outside ./_OFFICIAL_SENSITIVE__Barraclough_Joshua_SoS_decicion_redacted.pdf-the course of teaching, Mr Barraclough was a scout leader at the time, who was likely to ./_OFFICIAL_SENSITIVE__Barraclough_Joshua_SoS_decicion_redacted.pdf-be aware of the importance of safeguarding and maintaining appropriate boundaries with ./_OFFICIAL_SENSITIVE__Barraclough_Joshua_SoS_decicion_redacted.pdf-children in his care. The panel found that Mr Barraclough was responsible for a ./_OFFICIAL_SENSITIVE__Barraclough_Joshua_SoS_decicion_redacted.pdf:conviction of causing/inciting sexual activity of a girl aged [REDACTED]. ./_OFFICIAL_SENSITIVE__Barraclough_Joshua_SoS_decicion_redacted.pdf- ./_OFFICIAL_SENSITIVE__Barraclough_Joshua_SoS_decicion_redacted.pdf- ./_OFFICIAL_SENSITIVE__Barraclough_Joshua_SoS_decicion_redacted.pdf- ./_OFFICIAL_SENSITIVE__Barraclough_Joshua_SoS_decicion_redacted.pdf- ./_OFFICIAL_SENSITIVE__Barraclough_Joshua_SoS_decicion_redacted.pdf- 9 ./_OFFICIAL_SENSITIVE__Barraclough_Joshua_SoS_decicion_redacted.pdf- -- ./_OFFICIAL_SENSITIVE__Barraclough_Joshua_SoS_decicion_redacted.pdf- ./_OFFICIAL_SENSITIVE__Barraclough_Joshua_SoS_decicion_redacted.pdf- • the commission of a serious criminal offence, including those that resulted in a ./_OFFICIAL_SENSITIVE__Barraclough_Joshua_SoS_decicion_redacted.pdf- conviction or caution, paying particular attention to offences that are ‘relevant ./_OFFICIAL_SENSITIVE__Barraclough_Joshua_SoS_decicion_redacted.pdf- matters’ for the purposes of The Police Act 1997 and criminal record disclosures. ./_OFFICIAL_SENSITIVE__Barraclough_Joshua_SoS_decicion_redacted.pdf- ./_OFFICIAL_SENSITIVE__Barraclough_Joshua_SoS_decicion_redacted.pdf- • misconduct seriously affecting the education and/or well-being of pupils, and ./_OFFICIAL_SENSITIVE__Barraclough_Joshua_SoS_decicion_redacted.pdf- particularly where there is a continuing risk; ./_OFFICIAL_SENSITIVE__Barraclough_Joshua_SoS_decicion_redacted.pdf- ./_OFFICIAL_SENSITIVE__Barraclough_Joshua_SoS_decicion_redacted.pdf- • abuse of position or trust (particularly involving pupils); ./_OFFICIAL_SENSITIVE__Barraclough_Joshua_SoS_decicion_redacted.pdf- ./_OFFICIAL_SENSITIVE__Barraclough_Joshua_SoS_decicion_redacted.pdf: • sexual misconduct; and ./_OFFICIAL_SENSITIVE__Barraclough_Joshua_SoS_decicion_redacted.pdf- ./_OFFICIAL_SENSITIVE__Barraclough_Joshua_SoS_decicion_redacted.pdf- • failure in their duty of care towards a child. ./_OFFICIAL_SENSITIVE__Barraclough_Joshua_SoS_decicion_redacted.pdf- ./_OFFICIAL_SENSITIVE__Barraclough_Joshua_SoS_decicion_redacted.pdf- ./_OFFICIAL_SENSITIVE__Barraclough_Joshua_SoS_decicion_redacted.pdf- ./_OFFICIAL_SENSITIVE__Barraclough_Joshua_SoS_decicion_redacted.pdf-The finding of a relevant conviction is particularly serious as it includes engaging a young ./_OFFICIAL_SENSITIVE__Barraclough_Joshua_SoS_decicion_redacted.pdf:person in sexual activity. ./_OFFICIAL_SENSITIVE__Barraclough_Joshua_SoS_decicion_redacted.pdf- ./_OFFICIAL_SENSITIVE__Barraclough_Joshua_SoS_decicion_redacted.pdf-I have to determine whether the imposition of a prohibition order is proportionate and in ./_OFFICIAL_SENSITIVE__Barraclough_Joshua_SoS_decicion_redacted.pdf-the public interest. In considering that for this case, I have considered the overall aim of a ./_OFFICIAL_SENSITIVE__Barraclough_Joshua_SoS_decicion_redacted.pdf- ./_OFFICIAL_SENSITIVE__Barraclough_Joshua_SoS_decicion_redacted.pdf- 10 ./_OFFICIAL_SENSITIVE__Barraclough_Joshua_SoS_decicion_redacted.pdf- -- ./_OFFICIAL_SENSITIVE__Barraclough_Joshua_SoS_decicion_redacted.pdf-achieve that aim taking into account the impact that it will have on the individual teacher. ./_OFFICIAL_SENSITIVE__Barraclough_Joshua_SoS_decicion_redacted.pdf-I have also asked myself, whether a less intrusive measure, such as the published ./_OFFICIAL_SENSITIVE__Barraclough_Joshua_SoS_decicion_redacted.pdf-finding of unacceptable professional conduct and conduct that may bring the profession ./_OFFICIAL_SENSITIVE__Barraclough_Joshua_SoS_decicion_redacted.pdf-into disrepute, would itself be sufficient to achieve the overall aim. I have to consider ./_OFFICIAL_SENSITIVE__Barraclough_Joshua_SoS_decicion_redacted.pdf-whether the consequences of such a publication are themselves sufficient. I have ./_OFFICIAL_SENSITIVE__Barraclough_Joshua_SoS_decicion_redacted.pdf-considered therefore whether or not prohibiting Mr Barraclough, and the impact that will ./_OFFICIAL_SENSITIVE__Barraclough_Joshua_SoS_decicion_redacted.pdf-have on the teacher, is proportionate and in the public interest. ./_OFFICIAL_SENSITIVE__Barraclough_Joshua_SoS_decicion_redacted.pdf- ./_OFFICIAL_SENSITIVE__Barraclough_Joshua_SoS_decicion_redacted.pdf-In this case, I have considered the extent to which a prohibition order would protect ./_OFFICIAL_SENSITIVE__Barraclough_Joshua_SoS_decicion_redacted.pdf-children and safeguard pupils. The panel has observed, “In the light of the panel’s ./_OFFICIAL_SENSITIVE__Barraclough_Joshua_SoS_decicion_redacted.pdf:findings against Mr Barraclough, which involved a conviction of causing/inciting sexual ./_OFFICIAL_SENSITIVE__Barraclough_Joshua_SoS_decicion_redacted.pdf-activity of a girl aged [REDACTED], there was a strong public interest consideration in ./_OFFICIAL_SENSITIVE__Barraclough_Joshua_SoS_decicion_redacted.pdf-respect of the protection of pupils.” A prohibition order would therefore prevent such a ./_OFFICIAL_SENSITIVE__Barraclough_Joshua_SoS_decicion_redacted.pdf-risk from being present in the future. ./_OFFICIAL_SENSITIVE__Barraclough_Joshua_SoS_decicion_redacted.pdf- ./_OFFICIAL_SENSITIVE__Barraclough_Joshua_SoS_decicion_redacted.pdf-I have also taken into account the panel’s comments on insight and remorse, which the ./_OFFICIAL_SENSITIVE__Barraclough_Joshua_SoS_decicion_redacted.pdf-panel sets out as follows, “the panel noted that Mr Barraclough had not provided any ./_OFFICIAL_SENSITIVE__Barraclough_Joshua_SoS_decicion_redacted.pdf-evidence on insight or remorse for it to consider.” In my judgement, the lack of evidence ./_OFFICIAL_SENSITIVE__Barraclough_Joshua_SoS_decicion_redacted.pdf-of insight or remorse means that there is some risk of the repetition of this behaviour and ./_OFFICIAL_SENSITIVE__Barraclough_Joshua_SoS_decicion_redacted.pdf-this puts at risk the future wellbeing of pupils. I have therefore given this element ./_OFFICIAL_SENSITIVE__Barraclough_Joshua_SoS_decicion_redacted.pdf-considerable weight in reaching my decision. ./_OFFICIAL_SENSITIVE__Barraclough_Joshua_SoS_decicion_redacted.pdf- ./_OFFICIAL_SENSITIVE__Barraclough_Joshua_SoS_decicion_redacted.pdf-I have gone on to consider the extent to which a prohibition order would maintain public ./_OFFICIAL_SENSITIVE__Barraclough_Joshua_SoS_decicion_redacted.pdf-confidence in the profession. The panel observe, “The panel also took account of the way ./_OFFICIAL_SENSITIVE__Barraclough_Joshua_SoS_decicion_redacted.pdf-the teaching profession is viewed by others. The panel considered that Mr Barraclough’s ./_OFFICIAL_SENSITIVE__Barraclough_Joshua_SoS_decicion_redacted.pdf-behaviour in committing the offence could undoubtedly affect public confidence in the ./_OFFICIAL_SENSITIVE__Barraclough_Joshua_SoS_decicion_redacted.pdf-teaching profession, particularly given the influence that teachers may have on pupils, ./_OFFICIAL_SENSITIVE__Barraclough_Joshua_SoS_decicion_redacted.pdf:parents and others in the community.” I am particularly mindful of the finding of sexual ./_OFFICIAL_SENSITIVE__Barraclough_Joshua_SoS_decicion_redacted.pdf-activity with a young person in this case and the impact that such a finding has on the ./_OFFICIAL_SENSITIVE__Barraclough_Joshua_SoS_decicion_redacted.pdf-reputation of the profession. ./_OFFICIAL_SENSITIVE__Barraclough_Joshua_SoS_decicion_redacted.pdf- ./_OFFICIAL_SENSITIVE__Barraclough_Joshua_SoS_decicion_redacted.pdf-I have had to consider that the public has a high expectation of professional standards of ./_OFFICIAL_SENSITIVE__Barraclough_Joshua_SoS_decicion_redacted.pdf-all teachers and that the public might regard a failure to impose a prohibition order as a ./_OFFICIAL_SENSITIVE__Barraclough_Joshua_SoS_decicion_redacted.pdf-failure to uphold those high standards. In weighing these considerations, I have had to ./_OFFICIAL_SENSITIVE__Barraclough_Joshua_SoS_decicion_redacted.pdf-consider the matter from the point of view of an “ordinary intelligent and well-informed ./_OFFICIAL_SENSITIVE__Barraclough_Joshua_SoS_decicion_redacted.pdf-citizen.” ./_OFFICIAL_SENSITIVE__Barraclough_Joshua_SoS_decicion_redacted.pdf- ./_OFFICIAL_SENSITIVE__Barraclough_Joshua_SoS_decicion_redacted.pdf-I have considered whether the publication of a finding of a relevant conviction, in the -- ./_OFFICIAL_SENSITIVE__Barraclough_Joshua_SoS_decicion_redacted.pdf-I have also considered the impact of a prohibition order on Mr Barraclough himself. The ./_OFFICIAL_SENSITIVE__Barraclough_Joshua_SoS_decicion_redacted.pdf-panel comment “The panel noted that whilst the behaviour occurred outside the course of ./_OFFICIAL_SENSITIVE__Barraclough_Joshua_SoS_decicion_redacted.pdf-teaching, Mr Barraclough was a scout leader at the time, who was likely to be aware of ./_OFFICIAL_SENSITIVE__Barraclough_Joshua_SoS_decicion_redacted.pdf-the importance of safeguarding and maintaining appropriate boundaries with children in ./_OFFICIAL_SENSITIVE__Barraclough_Joshua_SoS_decicion_redacted.pdf-his care. The panel found that Mr Barraclough was responsible for a conviction of ./_OFFICIAL_SENSITIVE__Barraclough_Joshua_SoS_decicion_redacted.pdf:causing/inciting sexual activity of a girl aged [REDACTED].” ./_OFFICIAL_SENSITIVE__Barraclough_Joshua_SoS_decicion_redacted.pdf- ./_OFFICIAL_SENSITIVE__Barraclough_Joshua_SoS_decicion_redacted.pdf-A prohibition order would prevent Mr Barraclough from teaching and would also clearly ./_OFFICIAL_SENSITIVE__Barraclough_Joshua_SoS_decicion_redacted.pdf-deprive the public of his contribution to the profession for the period that it is in force. ./_OFFICIAL_SENSITIVE__Barraclough_Joshua_SoS_decicion_redacted.pdf- ./_OFFICIAL_SENSITIVE__Barraclough_Joshua_SoS_decicion_redacted.pdf-In this case, I have placed considerable weight on the panel’s comments, “The Judge ./_OFFICIAL_SENSITIVE__Barraclough_Joshua_SoS_decicion_redacted.pdf-took Mr Barraclough’s good character into account and assessed the risk of reoffending ./_OFFICIAL_SENSITIVE__Barraclough_Joshua_SoS_decicion_redacted.pdf-to be low. However, no mitigation was submitted to the panel on behalf of Mr Barraclough ./_OFFICIAL_SENSITIVE__Barraclough_Joshua_SoS_decicion_redacted.pdf-and therefore the panel could not take this into account. ./_OFFICIAL_SENSITIVE__Barraclough_Joshua_SoS_decicion_redacted.pdf- ./_OFFICIAL_SENSITIVE__Barraclough_Joshua_SoS_decicion_redacted.pdf-No evidence was submitted which demonstrates exceptionally high standards in both ./_OFFICIAL_SENSITIVE__Barton_Adam_SoS_decision_redacted.pdf-Allegations ./_OFFICIAL_SENSITIVE__Barton_Adam_SoS_decision_redacted.pdf-The panel considered the allegations set out in the Notice of Meeting dated 2 November ./_OFFICIAL_SENSITIVE__Barton_Adam_SoS_decision_redacted.pdf-2022. ./_OFFICIAL_SENSITIVE__Barton_Adam_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Barton_Adam_SoS_decision_redacted.pdf-It was alleged that Mr Barton had been convicted of a relevant offence, namely: ./_OFFICIAL_SENSITIVE__Barton_Adam_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Barton_Adam_SoS_decision_redacted.pdf- 1. On 18 November 2021, he was convicted at Crown Court at Minshull Street of the ./_OFFICIAL_SENSITIVE__Barton_Adam_SoS_decision_redacted.pdf- following offences: ./_OFFICIAL_SENSITIVE__Barton_Adam_SoS_decision_redacted.pdf: i. attempt/cause child under 16 to watch a sexual act on 17/10/20 Sexual ./_OFFICIAL_SENSITIVE__Barton_Adam_SoS_decision_redacted.pdf- Offences Act 2003 ./_OFFICIAL_SENSITIVE__Barton_Adam_SoS_decision_redacted.pdf- Sexual harm prevention order 5 yrs ./_OFFICIAL_SENSITIVE__Barton_Adam_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Barton_Adam_SoS_decision_redacted.pdf- Sex offender’s notice 10 yrs ./_OFFICIAL_SENSITIVE__Barton_Adam_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Barton_Adam_SoS_decision_redacted.pdf: ii. attempt/ engage in sexual communication with a child on 17/10/20 Sexual ./_OFFICIAL_SENSITIVE__Barton_Adam_SoS_decision_redacted.pdf- Offence Act 2003. ./_OFFICIAL_SENSITIVE__Barton_Adam_SoS_decision_redacted.pdf-The panel proposed to amend the allegations to those agreed by Mr Barton in the ./_OFFICIAL_SENSITIVE__Barton_Adam_SoS_decision_redacted.pdf-statement of agreed facts as that would better reflect the matters set out in the Certificate ./_OFFICIAL_SENSITIVE__Barton_Adam_SoS_decision_redacted.pdf-of Conviction. Before taking this decision, the panel sought representations from both the ./_OFFICIAL_SENSITIVE__Barton_Adam_SoS_decision_redacted.pdf-presenting officer and Mr Barton regarding this amendment. The response confirmed that ./_OFFICIAL_SENSITIVE__Barton_Adam_SoS_decision_redacted.pdf-Mr Barton was comfortable with the allegation set out in the statement of agreed facts. It ./_OFFICIAL_SENSITIVE__Barton_Adam_SoS_decision_redacted.pdf-was considered that Mr Barton’s response to the allegation would not have changed, had ./_OFFICIAL_SENSITIVE__Barton_Adam_SoS_decision_redacted.pdf-this amendment been made at an earlier stage, given that the wording the panel ./_OFFICIAL_SENSITIVE__Barton_Adam_SoS_decision_redacted.pdf-proposed to consider was as agreed to by Mr Barton in the statement of agreed facts. ./_OFFICIAL_SENSITIVE__Barton_Adam_SoS_decision_redacted.pdf-The panel decided therefore to amend the allegations to state as follows: ./_OFFICIAL_SENSITIVE__Barton_Adam_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Barton_Adam_SoS_decision_redacted.pdf- 1. On 18 November 2021, he was convicted at Greater Manchester Magistrates’ Court ./_OFFICIAL_SENSITIVE__Barton_Adam_SoS_decision_redacted.pdf- of the following offences: ./_OFFICIAL_SENSITIVE__Barton_Adam_SoS_decision_redacted.pdf- i. Attempting / Causing a child between 13 and 15 years of age to watch/look at ./_OFFICIAL_SENSITIVE__Barton_Adam_SoS_decision_redacted.pdf: an image of sexual activity on 17/10/20, contrary to the Sexual Offences Act ./_OFFICIAL_SENSITIVE__Barton_Adam_SoS_decision_redacted.pdf- 2003 s 12(1)(a); ./_OFFICIAL_SENSITIVE__Barton_Adam_SoS_decision_redacted.pdf: ii. Attempting/ Engaging in sexual communication with a child on 17/10/20 ./_OFFICIAL_SENSITIVE__Barton_Adam_SoS_decision_redacted.pdf- contrary to the Sexual Offences Act 2003 s 15A(1). ./_OFFICIAL_SENSITIVE__Barton_Adam_SoS_decision_redacted.pdf-The teacher’s admitted both the facts of the conviction and that it amounted to a ./_OFFICIAL_SENSITIVE__Barton_Adam_SoS_decision_redacted.pdf-conviction of a relevant offence. ./_OFFICIAL_SENSITIVE__Barton_Adam_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Barton_Adam_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Barton_Adam_SoS_decision_redacted.pdf-Preliminary applications ./_OFFICIAL_SENSITIVE__Barton_Adam_SoS_decision_redacted.pdf-There were no preliminary applications. ./_OFFICIAL_SENSITIVE__Barton_Adam_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Barton_Adam_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Barton_Adam_SoS_decision_redacted.pdf- -- ./_OFFICIAL_SENSITIVE__Barton_Adam_SoS_decision_redacted.pdf- 1. On 18 November 2021, he was convicted at Greater Manchester Magistrates’ ./_OFFICIAL_SENSITIVE__Barton_Adam_SoS_decision_redacted.pdf- Court of the following offences: ./_OFFICIAL_SENSITIVE__Barton_Adam_SoS_decision_redacted.pdf- i. Attempting / Causing a child between 13 and 15 years of age to watch/look ./_OFFICIAL_SENSITIVE__Barton_Adam_SoS_decision_redacted.pdf: at an image of sexual activity on 17/10/20, contrary to the Sexual Offences ./_OFFICIAL_SENSITIVE__Barton_Adam_SoS_decision_redacted.pdf- Act 2003 s 12(1)(a); ./_OFFICIAL_SENSITIVE__Barton_Adam_SoS_decision_redacted.pdf: ii. Attempting/ Engaging in sexual communication with a child on 17/10/20 ./_OFFICIAL_SENSITIVE__Barton_Adam_SoS_decision_redacted.pdf- contrary to the Sexual Offences Act 2003 s 15A(1). ./_OFFICIAL_SENSITIVE__Barton_Adam_SoS_decision_redacted.pdf-Mr Barton has admitted to the allegations in the statement of agreed facts. The panel has ./_OFFICIAL_SENSITIVE__Barton_Adam_SoS_decision_redacted.pdf-seen the certificate of conviction and print of PNC details which together confirm that Mr ./_OFFICIAL_SENSITIVE__Barton_Adam_SoS_decision_redacted.pdf-Barton was convicted as alleged. The panel accepted the certificate of conviction as ./_OFFICIAL_SENSITIVE__Barton_Adam_SoS_decision_redacted.pdf-conclusive proof of both the convictions and the facts necessarily implied by the ./_OFFICIAL_SENSITIVE__Barton_Adam_SoS_decision_redacted.pdf-convictions. ./_OFFICIAL_SENSITIVE__Barton_Adam_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Barton_Adam_SoS_decision_redacted.pdf-In the statement of agreed facts, Mr Barton admitted that on 17 October he sent ./_OFFICIAL_SENSITIVE__Barton_Adam_SoS_decision_redacted.pdf-messages to a female in an online chat room. The female messaged him to say that she ./_OFFICIAL_SENSITIVE__Barton_Adam_SoS_decision_redacted.pdf-was [REDACTED]. Mr Barton sent the female a picture of an erect penis and asked her if -- ./_OFFICIAL_SENSITIVE__Barton_Adam_SoS_decision_redacted.pdf-The panel noted that the individual’s actions were relevant to teaching, working with ./_OFFICIAL_SENSITIVE__Barton_Adam_SoS_decision_redacted.pdf:children and working in an education setting as they demonstrated a sexual interest in ./_OFFICIAL_SENSITIVE__Barton_Adam_SoS_decision_redacted.pdf-children. ./_OFFICIAL_SENSITIVE__Barton_Adam_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Barton_Adam_SoS_decision_redacted.pdf-The panel noted that the behaviour involved in committing the offence would have been ./_OFFICIAL_SENSITIVE__Barton_Adam_SoS_decision_redacted.pdf-likely to have had an impact on the safety and/or security of pupils and members of the ./_OFFICIAL_SENSITIVE__Barton_Adam_SoS_decision_redacted.pdf:public. This is evidenced by the 5 year sexual harm prevention order imposed upon Mr ./_OFFICIAL_SENSITIVE__Barton_Adam_SoS_decision_redacted.pdf:Barton and his placement of the sex offenders’ register for a period of 10 years. ./_OFFICIAL_SENSITIVE__Barton_Adam_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Barton_Adam_SoS_decision_redacted.pdf-The panel also took account of the way the teaching profession is viewed by others. The ./_OFFICIAL_SENSITIVE__Barton_Adam_SoS_decision_redacted.pdf-panel considered that Mr Barton’s behaviour in committing the offence would be likely to ./_OFFICIAL_SENSITIVE__Barton_Adam_SoS_decision_redacted.pdf-affect public confidence in the teaching profession, if Mr Barton was allowed to continue ./_OFFICIAL_SENSITIVE__Barton_Adam_SoS_decision_redacted.pdf-teaching. ./_OFFICIAL_SENSITIVE__Barton_Adam_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Barton_Adam_SoS_decision_redacted.pdf-The panel noted that Mr Barton’s behaviour ultimately led to a sentence of 24 months ./_OFFICIAL_SENSITIVE__Barton_Adam_SoS_decision_redacted.pdf-imprisonment, (albeit that it was suspended for 24 months), which was indicative of the ./_OFFICIAL_SENSITIVE__Barton_Adam_SoS_decision_redacted.pdf-seriousness of the offences committed, and which the Advice states is likely to be ./_OFFICIAL_SENSITIVE__Barton_Adam_SoS_decision_redacted.pdf-considered “a relevant offence”. Mr Barton also received 100 hours of unpaid work ./_OFFICIAL_SENSITIVE__Barton_Adam_SoS_decision_redacted.pdf-requirement and a 30 day rehabilitation activity requirement. ./_OFFICIAL_SENSITIVE__Barton_Adam_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Barton_Adam_SoS_decision_redacted.pdf:This was a case concerning an offence involving sexual activity and sexual ./_OFFICIAL_SENSITIVE__Barton_Adam_SoS_decision_redacted.pdf-communication with a child. The Advice indicates that a conviction for any offence that ./_OFFICIAL_SENSITIVE__Barton_Adam_SoS_decision_redacted.pdf-relates to or involves such offences is likely to be considered “a relevant offence”. ./_OFFICIAL_SENSITIVE__Barton_Adam_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Barton_Adam_SoS_decision_redacted.pdf-The panel took into account the steps Mr Barton has taken since his arrest to understand ./_OFFICIAL_SENSITIVE__Barton_Adam_SoS_decision_redacted.pdf-and address his behaviour. Nevertheless, the panel found that the seriousness of the ./_OFFICIAL_SENSITIVE__Barton_Adam_SoS_decision_redacted.pdf-offending behaviour that led to the conviction was relevant to Mr Barton’s fitness to be a ./_OFFICIAL_SENSITIVE__Barton_Adam_SoS_decision_redacted.pdf-teacher. The panel considered that a finding that these convictions were for relevant ./_OFFICIAL_SENSITIVE__Barton_Adam_SoS_decision_redacted.pdf-offences was necessary to reaffirm clear standards of conduct so as to maintain public ./_OFFICIAL_SENSITIVE__Barton_Adam_SoS_decision_redacted.pdf-confidence in the teaching profession. ./_OFFICIAL_SENSITIVE__Barton_Adam_SoS_decision_redacted.pdf- -- ./_OFFICIAL_SENSITIVE__Barton_Adam_SoS_decision_redacted.pdf: • sexual misconduct, for example, involving actions that were sexually motivated or of ./_OFFICIAL_SENSITIVE__Barton_Adam_SoS_decision_redacted.pdf: a sexual nature and/or that use or exploit the trust, knowledge or influence derived ./_OFFICIAL_SENSITIVE__Barton_Adam_SoS_decision_redacted.pdf- from the individual’s professional position; ./_OFFICIAL_SENSITIVE__Barton_Adam_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Barton_Adam_SoS_decision_redacted.pdf- • failure in their duty of care towards a child, including exposing a child to risk or ./_OFFICIAL_SENSITIVE__Barton_Adam_SoS_decision_redacted.pdf- failing to promote the safety and welfare of the children (as set out in Part 1 of ./_OFFICIAL_SENSITIVE__Barton_Adam_SoS_decision_redacted.pdf- KCSIE) ./_OFFICIAL_SENSITIVE__Barton_Adam_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Barton_Adam_SoS_decision_redacted.pdf-The panel considered Mr Barton to have breached his position of trust, in that as a ./_OFFICIAL_SENSITIVE__Barton_Adam_SoS_decision_redacted.pdf-teacher, he was expected not to have engaged in such behaviour. ./_OFFICIAL_SENSITIVE__Barton_Adam_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Barton_Adam_SoS_decision_redacted.pdf-Even though some of the behaviour found proved in this case indicated that a prohibition -- ./_OFFICIAL_SENSITIVE__Barton_Adam_SoS_decision_redacted.pdf-The panel noted that although Mr Barton had provided an account of the steps he has ./_OFFICIAL_SENSITIVE__Barton_Adam_SoS_decision_redacted.pdf-taken to rehabilitate himself, no independent evidence was adduced as to the success of ./_OFFICIAL_SENSITIVE__Barton_Adam_SoS_decision_redacted.pdf-these steps or progress made. ./_OFFICIAL_SENSITIVE__Barton_Adam_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Barton_Adam_SoS_decision_redacted.pdf-Mr Barton has recognised that he treated the victim of his behaviour without compassion ./_OFFICIAL_SENSITIVE__Barton_Adam_SoS_decision_redacted.pdf-or empathy, that he objectified her and used her for his own sexual gratification. He has ./_OFFICIAL_SENSITIVE__Barton_Adam_SoS_decision_redacted.pdf-stated that he is particularly disgusted with himself for using a particular app because of ./_OFFICIAL_SENSITIVE__Barton_Adam_SoS_decision_redacted.pdf-obvious association with users who would sexually harm children. He has confirmed that ./_OFFICIAL_SENSITIVE__Barton_Adam_SoS_decision_redacted.pdf:since his arrest, Mr Barton has not accessed any pornography or social media that could ./_OFFICIAL_SENSITIVE__Barton_Adam_SoS_decision_redacted.pdf-trigger a lapse. He has expressed remorse at having to come before this panel and the ./_OFFICIAL_SENSITIVE__Barton_Adam_SoS_decision_redacted.pdf-outlay of time and effort caused by his offending, and that it should not have taken an ./_OFFICIAL_SENSITIVE__Barton_Adam_SoS_decision_redacted.pdf-arrest and legal proceedings for him to understand that he had a problem and for him to ./_OFFICIAL_SENSITIVE__Barton_Adam_SoS_decision_redacted.pdf-do something to address his issues. ./_OFFICIAL_SENSITIVE__Barton_Adam_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Barton_Adam_SoS_decision_redacted.pdf-Mr Barton pleaded guilty to the offences at the earliest opportunity and has fully co- ./_OFFICIAL_SENSITIVE__Barton_Adam_SoS_decision_redacted.pdf-operated with the TRA’s proceedings. ./_OFFICIAL_SENSITIVE__Barton_Adam_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Barton_Adam_SoS_decision_redacted.pdf-The panel first considered whether it would be proportionate to conclude this case with ./_OFFICIAL_SENSITIVE__Barton_Adam_SoS_decision_redacted.pdf-no recommendation of prohibition, considering whether the publication of the findings ./_OFFICIAL_SENSITIVE__Barton_Adam_SoS_decision_redacted.pdf-made by the panel would be sufficient. ./_OFFICIAL_SENSITIVE__Barton_Adam_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Barton_Adam_SoS_decision_redacted.pdf-The panel was of the view that, applying the standard of the ordinary intelligent citizen, it ./_OFFICIAL_SENSITIVE__Barton_Adam_SoS_decision_redacted.pdf-would not be a proportionate and appropriate response to recommend no prohibition ./_OFFICIAL_SENSITIVE__Barton_Adam_SoS_decision_redacted.pdf-order. Recommending that the publication of adverse findings would be sufficient would ./_OFFICIAL_SENSITIVE__Barton_Adam_SoS_decision_redacted.pdf-unacceptably compromise the public interest considerations present in this case, despite ./_OFFICIAL_SENSITIVE__Barton_Adam_SoS_decision_redacted.pdf-the severity of the consequences for Mr Barton of prohibition. ./_OFFICIAL_SENSITIVE__Barton_Adam_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Barton_Adam_SoS_decision_redacted.pdf-The panel was of the view that prohibition was both proportionate and appropriate given ./_OFFICIAL_SENSITIVE__Barton_Adam_SoS_decision_redacted.pdf-the seriousness of the offences involving attempt to cause a child to watch/ look at an ./_OFFICIAL_SENSITIVE__Barton_Adam_SoS_decision_redacted.pdf:image of sexual activity and attempt to enter into sexual communication with a child. Mr ./_OFFICIAL_SENSITIVE__Barton_Adam_SoS_decision_redacted.pdf:Barton was ordered to register on the sex offenders’ register for a period of ten years, ./_OFFICIAL_SENSITIVE__Barton_Adam_SoS_decision_redacted.pdf-reflecting the seriousness of his offences and that his behaviour is incompatible with ./_OFFICIAL_SENSITIVE__Barton_Adam_SoS_decision_redacted.pdf-being a teacher. The panel decided that the public interest considerations outweighed the ./_OFFICIAL_SENSITIVE__Barton_Adam_SoS_decision_redacted.pdf-interests of Mr Barton. Accordingly, the panel made a recommendation to the Secretary ./_OFFICIAL_SENSITIVE__Barton_Adam_SoS_decision_redacted.pdf-of State that a prohibition order should be imposed with immediate effect. ./_OFFICIAL_SENSITIVE__Barton_Adam_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Barton_Adam_SoS_decision_redacted.pdf-The panel went on to consider whether or not it would be appropriate for it to decide to ./_OFFICIAL_SENSITIVE__Barton_Adam_SoS_decision_redacted.pdf-recommend a review period of the order. The panel was mindful that the Advice states ./_OFFICIAL_SENSITIVE__Barton_Adam_SoS_decision_redacted.pdf-that a prohibition order applies for life, but there may be circumstances, in any given ./_OFFICIAL_SENSITIVE__Barton_Adam_SoS_decision_redacted.pdf-case, that may make it appropriate to allow a teacher to apply to have the prohibition ./_OFFICIAL_SENSITIVE__Barton_Adam_SoS_decision_redacted.pdf-order reviewed after a specified period of time that may not be less than 2 years. ./_OFFICIAL_SENSITIVE__Barton_Adam_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Barton_Adam_SoS_decision_redacted.pdf-The Advice indicates that there are cases involving certain conduct where it is likely that ./_OFFICIAL_SENSITIVE__Barton_Adam_SoS_decision_redacted.pdf-the public interest will have greater relevance and weigh in favour of not offering a review ./_OFFICIAL_SENSITIVE__Barton_Adam_SoS_decision_redacted.pdf:period. These cases include serious sexual misconduct, eg where the act was sexually ./_OFFICIAL_SENSITIVE__Barton_Adam_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Barton_Adam_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Barton_Adam_SoS_decision_redacted.pdf- 10 ./_OFFICIAL_SENSITIVE__Barton_Adam_SoS_decision_redacted.pdf- -- ./_OFFICIAL_SENSITIVE__Barton_Adam_SoS_decision_redacted.pdf-motivated and resulted in, or had the potential to result in, harm to a person or persons ./_OFFICIAL_SENSITIVE__Barton_Adam_SoS_decision_redacted.pdf:… ; and any sexual misconduct involving a child. The panel found that Mr Barton was ./_OFFICIAL_SENSITIVE__Barton_Adam_SoS_decision_redacted.pdf-convicted of such offences. ./_OFFICIAL_SENSITIVE__Barton_Adam_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Barton_Adam_SoS_decision_redacted.pdf-Whilst Mr Barton appears to have gained considerable insight and has expressed ./_OFFICIAL_SENSITIVE__Barton_Adam_SoS_decision_redacted.pdf-appropriate remorse, the panel concluded that the seriousness of his behaviour, with ./_OFFICIAL_SENSITIVE__Barton_Adam_SoS_decision_redacted.pdf-complete disregard for the potential victim of his offences, indicated a situation in which a ./_OFFICIAL_SENSITIVE__Barton_Adam_SoS_decision_redacted.pdf-review period would not be appropriate and, as such, decided that it would be ./_OFFICIAL_SENSITIVE__Barton_Adam_SoS_decision_redacted.pdf-proportionate, in all the circumstances, for the prohibition order to be recommended ./_OFFICIAL_SENSITIVE__Barton_Adam_SoS_decision_redacted.pdf-without provision for a review period. ./_OFFICIAL_SENSITIVE__Barton_Adam_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Barton_Adam_SoS_decision_redacted.pdf- -- ./_OFFICIAL_SENSITIVE__Barton_Adam_SoS_decision_redacted.pdf-The panel finds that the conduct of Mr Barton fell significantly short of the standards ./_OFFICIAL_SENSITIVE__Barton_Adam_SoS_decision_redacted.pdf-expected of the profession. ./_OFFICIAL_SENSITIVE__Barton_Adam_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Barton_Adam_SoS_decision_redacted.pdf-The findings of misconduct are particularly serious as they include a conviction ./_OFFICIAL_SENSITIVE__Barton_Adam_SoS_decision_redacted.pdf:concerning an offence involving sexual activity and sexual communication with a child. ./_OFFICIAL_SENSITIVE__Barton_Adam_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Barton_Adam_SoS_decision_redacted.pdf-I have to determine whether the imposition of a prohibition order is proportionate and in ./_OFFICIAL_SENSITIVE__Barton_Adam_SoS_decision_redacted.pdf-the public interest. In considering that for this case, I have considered the overall aim of a ./_OFFICIAL_SENSITIVE__Barton_Adam_SoS_decision_redacted.pdf-prohibition order which is to protect pupils and to maintain public confidence in the ./_OFFICIAL_SENSITIVE__Barton_Adam_SoS_decision_redacted.pdf-profession. I have considered the extent to which a prohibition order in this case would ./_OFFICIAL_SENSITIVE__Barton_Adam_SoS_decision_redacted.pdf-achieve that aim taking into account the impact that it will have on the individual teacher. ./_OFFICIAL_SENSITIVE__Barton_Adam_SoS_decision_redacted.pdf-I have also asked myself, whether a less intrusive measure, such as the published ./_OFFICIAL_SENSITIVE__Barton_Adam_SoS_decision_redacted.pdf-finding of unacceptable professional conduct and conduct that may bring the profession ./_OFFICIAL_SENSITIVE__Barton_Adam_SoS_decision_redacted.pdf-into disrepute, would itself be sufficient to achieve the overall aim. I have to consider ./_OFFICIAL_SENSITIVE__Barton_Adam_SoS_decision_redacted.pdf-whether the consequences of such a publication are themselves sufficient. I have -- ./_OFFICIAL_SENSITIVE__Barton_Adam_SoS_decision_redacted.pdf-their future life. He has expressed regret for his actions and has admitted that at the time, ./_OFFICIAL_SENSITIVE__Barton_Adam_SoS_decision_redacted.pdf-he had not spared any thought for the victim of his crime. He has indicated that he ./_OFFICIAL_SENSITIVE__Barton_Adam_SoS_decision_redacted.pdf-regrets the impact his conduct had on the teaching profession, his school, and all those ./_OFFICIAL_SENSITIVE__Barton_Adam_SoS_decision_redacted.pdf-close to him professionally and personally.” ./_OFFICIAL_SENSITIVE__Barton_Adam_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Barton_Adam_SoS_decision_redacted.pdf-I have gone on to consider the extent to which a prohibition order would maintain public ./_OFFICIAL_SENSITIVE__Barton_Adam_SoS_decision_redacted.pdf-confidence in the profession. The panel observe, “The panel also took account of the way ./_OFFICIAL_SENSITIVE__Barton_Adam_SoS_decision_redacted.pdf-the teaching profession is viewed by others. The panel considered that Mr Barton’s ./_OFFICIAL_SENSITIVE__Barton_Adam_SoS_decision_redacted.pdf-behaviour in committing the offence would be likely to affect public confidence in the ./_OFFICIAL_SENSITIVE__Barton_Adam_SoS_decision_redacted.pdf-teaching profession, if Mr Barton was allowed to continue teaching.” I am particularly ./_OFFICIAL_SENSITIVE__Barton_Adam_SoS_decision_redacted.pdf:mindful of the finding of an offence involving sexual communication with a child in this ./_OFFICIAL_SENSITIVE__Barton_Adam_SoS_decision_redacted.pdf-case and the impact that such a finding has on the reputation of the profession. ./_OFFICIAL_SENSITIVE__Barton_Adam_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Barton_Adam_SoS_decision_redacted.pdf-I have had to consider that the public has a high expectation of professional standards of ./_OFFICIAL_SENSITIVE__Barton_Adam_SoS_decision_redacted.pdf-all teachers and that the public might regard a failure to impose a prohibition order as a ./_OFFICIAL_SENSITIVE__Barton_Adam_SoS_decision_redacted.pdf-failure to uphold those high standards. In weighing these considerations, I have had to ./_OFFICIAL_SENSITIVE__Barton_Adam_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Barton_Adam_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Barton_Adam_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Barton_Adam_SoS_decision_redacted.pdf- 12 ./_OFFICIAL_SENSITIVE__Barton_Adam_SoS_decision_redacted.pdf- -- ./_OFFICIAL_SENSITIVE__Barton_Adam_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Barton_Adam_SoS_decision_redacted.pdf-A prohibition order would prevent Mr Barton from teaching. A prohibition order would also ./_OFFICIAL_SENSITIVE__Barton_Adam_SoS_decision_redacted.pdf-clearly deprive the public of his contribution to the profession for the period that it is in ./_OFFICIAL_SENSITIVE__Barton_Adam_SoS_decision_redacted.pdf-force. ./_OFFICIAL_SENSITIVE__Barton_Adam_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Barton_Adam_SoS_decision_redacted.pdf-In this case, I have placed considerable weight on the panel’s comments, “Mr Barton has ./_OFFICIAL_SENSITIVE__Barton_Adam_SoS_decision_redacted.pdf-recognised that he treated the victim of his behaviour without compassion or empathy, ./_OFFICIAL_SENSITIVE__Barton_Adam_SoS_decision_redacted.pdf-that he objectified her and used her for his own sexual gratification. He has stated that he ./_OFFICIAL_SENSITIVE__Barton_Adam_SoS_decision_redacted.pdf-is particularly disgusted with himself for using a particular app because of obvious ./_OFFICIAL_SENSITIVE__Barton_Adam_SoS_decision_redacted.pdf-association with users who would sexually harm children. He has confirmed that since his ./_OFFICIAL_SENSITIVE__Barton_Adam_SoS_decision_redacted.pdf:arrest, Mr Barton has not accessed any pornography or social media that could trigger a ./_OFFICIAL_SENSITIVE__Barton_Adam_SoS_decision_redacted.pdf-lapse. He has expressed remorse at having to come before this panel and the outlay of ./_OFFICIAL_SENSITIVE__Barton_Adam_SoS_decision_redacted.pdf-time and effort caused by his offending, and that it should not have taken an arrest and ./_OFFICIAL_SENSITIVE__Barton_Adam_SoS_decision_redacted.pdf-legal proceedings for him to understand that he had a problem and for him to do ./_OFFICIAL_SENSITIVE__Barton_Adam_SoS_decision_redacted.pdf-something to address his issues.” ./_OFFICIAL_SENSITIVE__Barton_Adam_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Barton_Adam_SoS_decision_redacted.pdf-I have also placed considerable weight on the finding of the panel that “The panel ./_OFFICIAL_SENSITIVE__Barton_Adam_SoS_decision_redacted.pdf-carefully deliberated the seriousness of Mr Barton’s online behaviour, noting that the ./_OFFICIAL_SENSITIVE__Barton_Adam_SoS_decision_redacted.pdf-Advice states that the expectation of both the public and pupils, is that members of the ./_OFFICIAL_SENSITIVE__Barton_Adam_SoS_decision_redacted.pdf-teaching profession maintain an exemplary level of integrity and ethical standards at all ./_OFFICIAL_SENSITIVE__Barton_Adam_SoS_decision_redacted.pdf-times. In this instance, the offences committed were particularly serious. Mr Barton ./_OFFICIAL_SENSITIVE__Boulton_Dan_SoS_Decision.pdf-Allegations ./_OFFICIAL_SENSITIVE__Boulton_Dan_SoS_Decision.pdf-The panel considered the allegations set out in the notice of meeting dated 17 October ./_OFFICIAL_SENSITIVE__Boulton_Dan_SoS_Decision.pdf-2022. ./_OFFICIAL_SENSITIVE__Boulton_Dan_SoS_Decision.pdf- ./_OFFICIAL_SENSITIVE__Boulton_Dan_SoS_Decision.pdf-It was alleged that Mr Boulton was guilty of unacceptable professional conduct and/or ./_OFFICIAL_SENSITIVE__Boulton_Dan_SoS_Decision.pdf-conduct that may bring the profession into disrepute, in that whilst a teacher at Brine ./_OFFICIAL_SENSITIVE__Boulton_Dan_SoS_Decision.pdf-Leas County High School: ./_OFFICIAL_SENSITIVE__Boulton_Dan_SoS_Decision.pdf- ./_OFFICIAL_SENSITIVE__Boulton_Dan_SoS_Decision.pdf:1. Between March and December 2015, he engaged in a sexual relationship with Pupil ./_OFFICIAL_SENSITIVE__Boulton_Dan_SoS_Decision.pdf- A, who was a Pupil at the School during the academic year 2014-15. ./_OFFICIAL_SENSITIVE__Boulton_Dan_SoS_Decision.pdf- ./_OFFICIAL_SENSITIVE__Boulton_Dan_SoS_Decision.pdf-2. On the dates shown, he made inappropriate comments to the following: ./_OFFICIAL_SENSITIVE__Boulton_Dan_SoS_Decision.pdf- ./_OFFICIAL_SENSITIVE__Boulton_Dan_SoS_Decision.pdf- a. In or around February 2018, to a group of Pupils, in that he used words to the ./_OFFICIAL_SENSITIVE__Boulton_Dan_SoS_Decision.pdf: effect that "bisexual people are just greedy" ./_OFFICIAL_SENSITIVE__Boulton_Dan_SoS_Decision.pdf- ./_OFFICIAL_SENSITIVE__Boulton_Dan_SoS_Decision.pdf- b. On or around 21 May 2018, to Staff Member 1, words to the effect of "I fucking ./_OFFICIAL_SENSITIVE__Boulton_Dan_SoS_Decision.pdf- hate her, I hope she dies of a brain haemorrhage", referring to a pupil. ./_OFFICIAL_SENSITIVE__Boulton_Dan_SoS_Decision.pdf- ./_OFFICIAL_SENSITIVE__Boulton_Dan_SoS_Decision.pdf-3. By his conduct set out in paragraph 1, he failed to observe a proper boundary ./_OFFICIAL_SENSITIVE__Boulton_Dan_SoS_Decision.pdf- appropriate to a teacher's professional position. ./_OFFICIAL_SENSITIVE__Boulton_Dan_SoS_Decision.pdf- ./_OFFICIAL_SENSITIVE__Boulton_Dan_SoS_Decision.pdf-4. By his conduct set out in paragraph 2, he failed to treat pupils with dignity. ./_OFFICIAL_SENSITIVE__Boulton_Dan_SoS_Decision.pdf- ./_OFFICIAL_SENSITIVE__Boulton_Dan_SoS_Decision.pdf-Mr Boulton admitted the facts of allegations 1 to 4 and that his behaviour amounted to -- ./_OFFICIAL_SENSITIVE__Boulton_Dan_SoS_Decision.pdf-A referral was made to the LADO on 7 June 2018 that related to a separate matter. The ./_OFFICIAL_SENSITIVE__Boulton_Dan_SoS_Decision.pdf-referral set out that an allegation had been made by an anonymous caller to the school ./_OFFICIAL_SENSITIVE__Boulton_Dan_SoS_Decision.pdf:that Mr Boulton had been involved in a sexual relationship with an individual who was a ./_OFFICIAL_SENSITIVE__Boulton_Dan_SoS_Decision.pdf-pupil at the School when the relationship occurred. ./_OFFICIAL_SENSITIVE__Boulton_Dan_SoS_Decision.pdf- ./_OFFICIAL_SENSITIVE__Boulton_Dan_SoS_Decision.pdf-On 14 June 2018, Mr Boulton was instructed to attend a reconciliation meeting with ./_OFFICIAL_SENSITIVE__Boulton_Dan_SoS_Decision.pdf-colleagues and training in relation to concerns regarding the use of inappropriate ./_OFFICIAL_SENSITIVE__Boulton_Dan_SoS_Decision.pdf-comments. ./_OFFICIAL_SENSITIVE__Boulton_Dan_SoS_Decision.pdf- ./_OFFICIAL_SENSITIVE__Boulton_Dan_SoS_Decision.pdf-A referral was made to the police on 15 June 2018. Following disclosure and an ./_OFFICIAL_SENSITIVE__Boulton_Dan_SoS_Decision.pdf-allegation of a relationship with Pupil A, an investigation commenced. ./_OFFICIAL_SENSITIVE__Boulton_Dan_SoS_Decision.pdf- ./_OFFICIAL_SENSITIVE__Boulton_Dan_SoS_Decision.pdf-A fact finding meeting was held on 13 September 2018 and a disciplinary hearing was -- ./_OFFICIAL_SENSITIVE__Boulton_Dan_SoS_Decision.pdf- ./_OFFICIAL_SENSITIVE__Boulton_Dan_SoS_Decision.pdf-The matter was referred to the TRA on 4 October 2018. ./_OFFICIAL_SENSITIVE__Boulton_Dan_SoS_Decision.pdf- ./_OFFICIAL_SENSITIVE__Boulton_Dan_SoS_Decision.pdf-Findings of fact ./_OFFICIAL_SENSITIVE__Boulton_Dan_SoS_Decision.pdf- ./_OFFICIAL_SENSITIVE__Boulton_Dan_SoS_Decision.pdf-The findings of fact are as follows: ./_OFFICIAL_SENSITIVE__Boulton_Dan_SoS_Decision.pdf- ./_OFFICIAL_SENSITIVE__Boulton_Dan_SoS_Decision.pdf-The panel found the following particulars of the allegations against you proved, for these ./_OFFICIAL_SENSITIVE__Boulton_Dan_SoS_Decision.pdf-reasons: ./_OFFICIAL_SENSITIVE__Boulton_Dan_SoS_Decision.pdf- ./_OFFICIAL_SENSITIVE__Boulton_Dan_SoS_Decision.pdf:1. Between March and December 2015, you engage in a sexual relationship with ./_OFFICIAL_SENSITIVE__Boulton_Dan_SoS_Decision.pdf- Pupil A, who was a Pupil at the School during the academic year 2014-15. ./_OFFICIAL_SENSITIVE__Boulton_Dan_SoS_Decision.pdf- ./_OFFICIAL_SENSITIVE__Boulton_Dan_SoS_Decision.pdf-2. On the dates shown, you made inappropriate comments to the following: ./_OFFICIAL_SENSITIVE__Boulton_Dan_SoS_Decision.pdf- ./_OFFICIAL_SENSITIVE__Boulton_Dan_SoS_Decision.pdf- a. In or around February 2018, to a group of Pupils, in that you used words to ./_OFFICIAL_SENSITIVE__Boulton_Dan_SoS_Decision.pdf: effect that "bisexual people are just greedy" ./_OFFICIAL_SENSITIVE__Boulton_Dan_SoS_Decision.pdf- ./_OFFICIAL_SENSITIVE__Boulton_Dan_SoS_Decision.pdf- b. On or around 21 May 2018, to Staff Member 1, words to the effect of "I ./_OFFICIAL_SENSITIVE__Boulton_Dan_SoS_Decision.pdf- fucking hate her, I hope she dies of a brain haemorrhage", referring to a ./_OFFICIAL_SENSITIVE__Boulton_Dan_SoS_Decision.pdf- pupil. ./_OFFICIAL_SENSITIVE__Boulton_Dan_SoS_Decision.pdf- ./_OFFICIAL_SENSITIVE__Boulton_Dan_SoS_Decision.pdf-3. By your conduct set out in paragraph 1, you failed to observe a proper ./_OFFICIAL_SENSITIVE__Boulton_Dan_SoS_Decision.pdf- boundary appropriate to a teacher's professional position. ./_OFFICIAL_SENSITIVE__Boulton_Dan_SoS_Decision.pdf- ./_OFFICIAL_SENSITIVE__Boulton_Dan_SoS_Decision.pdf-4. By your conduct set out in paragraph 2, you failed to treat pupils with dignity. ./_OFFICIAL_SENSITIVE__Boulton_Dan_SoS_Decision.pdf- -- ./_OFFICIAL_SENSITIVE__Boulton_Dan_SoS_Decision.pdf-In relation to the first allegation, Mr Boulton admitted that between March and December ./_OFFICIAL_SENSITIVE__Boulton_Dan_SoS_Decision.pdf:2015, he engaged in a sexual relationship with Pupil A, who was a pupil at the School ./_OFFICIAL_SENSITIVE__Boulton_Dan_SoS_Decision.pdf-during the academic year 2014-2015. Mr Boulton admitted that the relationship ./_OFFICIAL_SENSITIVE__Boulton_Dan_SoS_Decision.pdf:commenced in December 2014, progressed to a sexual relationship in March 2015 and ./_OFFICIAL_SENSITIVE__Boulton_Dan_SoS_Decision.pdf-then ended in December 2015. Mr Boulton admitted that the relationship occurred when ./_OFFICIAL_SENSITIVE__Boulton_Dan_SoS_Decision.pdf-Pupil A was in the sixth form. Mr Boulton admitted that Pupil A visited his house during ./_OFFICIAL_SENSITIVE__Boulton_Dan_SoS_Decision.pdf-this period, and that he discussed with Pupil A the nature of their relationship from the ./_OFFICIAL_SENSITIVE__Boulton_Dan_SoS_Decision.pdf-outset, and jointly agreed with Pupil A that they would not make the relationship common ./_OFFICIAL_SENSITIVE__Boulton_Dan_SoS_Decision.pdf-knowledge until after she had left the School. Pupil A has not made a statement to be ./_OFFICIAL_SENSITIVE__Boulton_Dan_SoS_Decision.pdf-taken into account by the panel, however it is understood that she was interviewed by ./_OFFICIAL_SENSITIVE__Boulton_Dan_SoS_Decision.pdf:Cheshire Police and confirmed, to them, that she had had a sexual relationship with Mr ./_OFFICIAL_SENSITIVE__Boulton_Dan_SoS_Decision.pdf-Boulton that lasted for approximately one year whilst she was a pupil at the School. ./_OFFICIAL_SENSITIVE__Boulton_Dan_SoS_Decision.pdf- ./_OFFICIAL_SENSITIVE__Boulton_Dan_SoS_Decision.pdf-Mr Boulton admitted that he was aware of the School’s policies and what constitutes an ./_OFFICIAL_SENSITIVE__Boulton_Dan_SoS_Decision.pdf-inappropriate relationship with a pupil. Further, Mr Boulton accepted full responsibility for ./_OFFICIAL_SENSITIVE__Boulton_Dan_SoS_Decision.pdf-the relationship developing with Pupil A; he admitted that he was in a position of ./_OFFICIAL_SENSITIVE__Boulton_Dan_SoS_Decision.pdf-responsibility and should not have allowed the relationship to continue. The panel found ./_OFFICIAL_SENSITIVE__Boulton_Dan_SoS_Decision.pdf-allegation 1 proven. ./_OFFICIAL_SENSITIVE__Boulton_Dan_SoS_Decision.pdf- ./_OFFICIAL_SENSITIVE__Boulton_Dan_SoS_Decision.pdf-In relation to allegation 2(a), Mr Boulton admitted that in or around February 2018, to a ./_OFFICIAL_SENSITIVE__Boulton_Dan_SoS_Decision.pdf:group of pupils, he used words to the effect that, “bisexual people are just greedy”. Mr ./_OFFICIAL_SENSITIVE__Boulton_Dan_SoS_Decision.pdf:Boulton admitted that he said this during a PSHE lesson on the topic of sexuality. Other ./_OFFICIAL_SENSITIVE__Boulton_Dan_SoS_Decision.pdf-pupils were witnesses to this comment and confirmed this comment as part of the ./_OFFICIAL_SENSITIVE__Boulton_Dan_SoS_Decision.pdf-School’s internal disciplinary investigation. The panel found allegation 2(a) proven. ./_OFFICIAL_SENSITIVE__Boulton_Dan_SoS_Decision.pdf- ./_OFFICIAL_SENSITIVE__Boulton_Dan_SoS_Decision.pdf-In relation to allegation 2(b), Mr Boulton admitted that on or around 21 March 2018, he ./_OFFICIAL_SENSITIVE__Boulton_Dan_SoS_Decision.pdf-said to Staff Member 1 words to the effect of “I fucking hate her, I hope she dies of a ./_OFFICIAL_SENSITIVE__Boulton_Dan_SoS_Decision.pdf-brain haemorrhage” referring to a pupil. The panel found allegation 2(b) proven. ./_OFFICIAL_SENSITIVE__Boulton_Dan_SoS_Decision.pdf- ./_OFFICIAL_SENSITIVE__Boulton_Dan_SoS_Decision.pdf-In relation to the third allegation, Mr Boulton admitted that by his conduct set out in ./_OFFICIAL_SENSITIVE__Boulton_Dan_SoS_Decision.pdf-allegation 1, he failed to observe a proper boundary appropriate to a teacher’s ./_OFFICIAL_SENSITIVE__Boulton_Dan_SoS_Decision.pdf:professional position. He admitted to a sexual relationship with someone who was a Pupil ./_OFFICIAL_SENSITIVE__Boulton_Dan_SoS_Decision.pdf-at the School at the time. The panel found allegation 3 proven. ./_OFFICIAL_SENSITIVE__Boulton_Dan_SoS_Decision.pdf- ./_OFFICIAL_SENSITIVE__Boulton_Dan_SoS_Decision.pdf-In relation to the fourth allegation, Mr Boulton admitted that by his conduct set out in ./_OFFICIAL_SENSITIVE__Boulton_Dan_SoS_Decision.pdf-allegation 2, he failed to treat pupils with dignity. In relation to allegation 2(a) the panel ./_OFFICIAL_SENSITIVE__Boulton_Dan_SoS_Decision.pdf-noted that the comment was made in a classroom setting in front of pupils, some of ./_OFFICIAL_SENSITIVE__Boulton_Dan_SoS_Decision.pdf-whom were LGBT. In relation to allegation 2(b) the comment was particularly unpleasant ./_OFFICIAL_SENSITIVE__Boulton_Dan_SoS_Decision.pdf-and made about a pupil to a colleague at school, albeit expressed in private ./_OFFICIAL_SENSITIVE__Boulton_Dan_SoS_Decision.pdf-conversation. The panel found allegation 4 proven. ./_OFFICIAL_SENSITIVE__Boulton_Dan_SoS_Decision.pdf- ./_OFFICIAL_SENSITIVE__Boulton_Dan_SoS_Decision.pdf-The panel noted a number of statements collected as part of the School’s internal -- ./_OFFICIAL_SENSITIVE__Boulton_Dan_SoS_Decision.pdf- frameworks which set out their professional duties and responsibilities. ./_OFFICIAL_SENSITIVE__Boulton_Dan_SoS_Decision.pdf- ./_OFFICIAL_SENSITIVE__Boulton_Dan_SoS_Decision.pdf-In relation to the first allegation, the panel also considered whether Mr Boulton’s conduct ./_OFFICIAL_SENSITIVE__Boulton_Dan_SoS_Decision.pdf-displayed behaviours associated with any of the offences listed on pages 12 and 13 of ./_OFFICIAL_SENSITIVE__Boulton_Dan_SoS_Decision.pdf-the Advice. There has not been a conviction in this case, however the Advice states that ./_OFFICIAL_SENSITIVE__Boulton_Dan_SoS_Decision.pdf-where a teacher has been found by a panel to have displayed behaviours associated ./_OFFICIAL_SENSITIVE__Boulton_Dan_SoS_Decision.pdf-with any of the offence types shown in the list on page 12, but was not convicted of a ./_OFFICIAL_SENSITIVE__Boulton_Dan_SoS_Decision.pdf-relevant offence, a panel is likely to conclude that those behaviours would amount to ./_OFFICIAL_SENSITIVE__Boulton_Dan_SoS_Decision.pdf-“unacceptable professional conduct”. ./_OFFICIAL_SENSITIVE__Boulton_Dan_SoS_Decision.pdf- ./_OFFICIAL_SENSITIVE__Boulton_Dan_SoS_Decision.pdf:The panel found that the offence of sexual activity listed on page 12 of the Advice was ./_OFFICIAL_SENSITIVE__Boulton_Dan_SoS_Decision.pdf-relevant. ./_OFFICIAL_SENSITIVE__Boulton_Dan_SoS_Decision.pdf- ./_OFFICIAL_SENSITIVE__Boulton_Dan_SoS_Decision.pdf- ./_OFFICIAL_SENSITIVE__Boulton_Dan_SoS_Decision.pdf- ./_OFFICIAL_SENSITIVE__Boulton_Dan_SoS_Decision.pdf- 8 ./_OFFICIAL_SENSITIVE__Boulton_Dan_SoS_Decision.pdf- -- ./_OFFICIAL_SENSITIVE__Boulton_Dan_SoS_Decision.pdf:In this case, Mr Boulton admitted to having a sexual relationship with Pupil A, who was in ./_OFFICIAL_SENSITIVE__Boulton_Dan_SoS_Decision.pdf-the sixth form during the time of the relationship. Pupil A visited his house and there was ./_OFFICIAL_SENSITIVE__Boulton_Dan_SoS_Decision.pdf-an agreement between them that they would not make the relationship common ./_OFFICIAL_SENSITIVE__Boulton_Dan_SoS_Decision.pdf-knowledge until after she left school. Mr Boulton admits he was in a position of ./_OFFICIAL_SENSITIVE__Boulton_Dan_SoS_Decision.pdf-responsibility at the time and accepts that he should not have allowed it to continue. The ./_OFFICIAL_SENSITIVE__Boulton_Dan_SoS_Decision.pdf-panel found this amounted to unacceptable professional conduct. ./_OFFICIAL_SENSITIVE__Boulton_Dan_SoS_Decision.pdf- ./_OFFICIAL_SENSITIVE__Boulton_Dan_SoS_Decision.pdf-In relation to allegation 2(a), Mr Boulton admitted he used words to the effect of, ./_OFFICIAL_SENSITIVE__Boulton_Dan_SoS_Decision.pdf:“bisexual people are just greedy”. He made this comment to pupils in a lesson. Some of ./_OFFICIAL_SENSITIVE__Boulton_Dan_SoS_Decision.pdf-the class members identified as LGBT. The panel accepted that this comment fell ./_OFFICIAL_SENSITIVE__Boulton_Dan_SoS_Decision.pdf-significantly short of the standards expected of the profession. The panel drew on its own ./_OFFICIAL_SENSITIVE__Boulton_Dan_SoS_Decision.pdf-knowledge and experience of the teaching profession and considered how pupils might ./_OFFICIAL_SENSITIVE__Boulton_Dan_SoS_Decision.pdf-be exposed to or influenced by these types of behaviours and concluded this behaviour ./_OFFICIAL_SENSITIVE__Boulton_Dan_SoS_Decision.pdf-amounted to unacceptable professional conduct. In relation to allegation 2(b), Mr Boulton ./_OFFICIAL_SENSITIVE__Boulton_Dan_SoS_Decision.pdf-admitted that he said to staff member 1 words to the effect of “I fucking hate her, I hope ./_OFFICIAL_SENSITIVE__Boulton_Dan_SoS_Decision.pdf-she dies of a brain haemorrhage”. The panel accepted that this comment fell short of the ./_OFFICIAL_SENSITIVE__Boulton_Dan_SoS_Decision.pdf-standards expected of the profession but if it was being considered in isolation, did not ./_OFFICIAL_SENSITIVE__Boulton_Dan_SoS_Decision.pdf-think that by itself it amounted to unacceptable professional conduct. Whilst ill-advised ./_OFFICIAL_SENSITIVE__Boulton_Dan_SoS_Decision.pdf-and unprofessional, the comment was made in what was considered to be a private -- ./_OFFICIAL_SENSITIVE__Boulton_Dan_SoS_Decision.pdf-apportioned, although they are likely to have punitive effect. ./_OFFICIAL_SENSITIVE__Boulton_Dan_SoS_Decision.pdf- ./_OFFICIAL_SENSITIVE__Boulton_Dan_SoS_Decision.pdf-The panel had regard to the particular public interest considerations set out in the Advice ./_OFFICIAL_SENSITIVE__Boulton_Dan_SoS_Decision.pdf-and, having done so, found a number of them to be relevant in this case, namely: the ./_OFFICIAL_SENSITIVE__Boulton_Dan_SoS_Decision.pdf-safeguarding and wellbeing of pupils and the protection of other members of the public; ./_OFFICIAL_SENSITIVE__Boulton_Dan_SoS_Decision.pdf-the maintenance of public confidence in the profession; declaring and upholding proper ./_OFFICIAL_SENSITIVE__Boulton_Dan_SoS_Decision.pdf-standards of conduct; and that prohibition strikes the right balance between the rights of ./_OFFICIAL_SENSITIVE__Boulton_Dan_SoS_Decision.pdf-the teacher and the public interest, if they are in conflict. ./_OFFICIAL_SENSITIVE__Boulton_Dan_SoS_Decision.pdf- ./_OFFICIAL_SENSITIVE__Boulton_Dan_SoS_Decision.pdf-In the light of the panel’s findings against Mr Boulton, which involved engaging in a ./_OFFICIAL_SENSITIVE__Boulton_Dan_SoS_Decision.pdf:sexual relationship with Pupil A, making an inappropriate comment towards pupils and ./_OFFICIAL_SENSITIVE__Boulton_Dan_SoS_Decision.pdf-making an inappropriate comment about a pupil to another member of staff, there was a ./_OFFICIAL_SENSITIVE__Boulton_Dan_SoS_Decision.pdf-strong public interest consideration in respect of the protection of pupils given the serious ./_OFFICIAL_SENSITIVE__Boulton_Dan_SoS_Decision.pdf-finding of an inappropriate relationship with a pupil. ./_OFFICIAL_SENSITIVE__Boulton_Dan_SoS_Decision.pdf- ./_OFFICIAL_SENSITIVE__Boulton_Dan_SoS_Decision.pdf-Similarly, the panel considered that public confidence in the profession could be seriously ./_OFFICIAL_SENSITIVE__Boulton_Dan_SoS_Decision.pdf-weakened if conduct such as that found against Mr Boulton were not treated with the ./_OFFICIAL_SENSITIVE__Boulton_Dan_SoS_Decision.pdf-utmost seriousness when regulating the conduct of the profession. ./_OFFICIAL_SENSITIVE__Boulton_Dan_SoS_Decision.pdf- ./_OFFICIAL_SENSITIVE__Boulton_Dan_SoS_Decision.pdf- ./_OFFICIAL_SENSITIVE__Boulton_Dan_SoS_Decision.pdf- -- ./_OFFICIAL_SENSITIVE__Boulton_Dan_SoS_Decision.pdf- ./_OFFICIAL_SENSITIVE__Boulton_Dan_SoS_Decision.pdf- • serious departure from the personal and professional conduct elements of the ./_OFFICIAL_SENSITIVE__Boulton_Dan_SoS_Decision.pdf- Teachers’ Standards; ./_OFFICIAL_SENSITIVE__Boulton_Dan_SoS_Decision.pdf- ./_OFFICIAL_SENSITIVE__Boulton_Dan_SoS_Decision.pdf- • misconduct seriously affecting the education and/or well-being of pupils, and ./_OFFICIAL_SENSITIVE__Boulton_Dan_SoS_Decision.pdf- particularly where there is a continuing risk; ./_OFFICIAL_SENSITIVE__Boulton_Dan_SoS_Decision.pdf- ./_OFFICIAL_SENSITIVE__Boulton_Dan_SoS_Decision.pdf- • abuse of position or trust (particularly involving pupils); ./_OFFICIAL_SENSITIVE__Boulton_Dan_SoS_Decision.pdf- ./_OFFICIAL_SENSITIVE__Boulton_Dan_SoS_Decision.pdf- • any abuse of any trust, knowledge or influence grained through their professional ./_OFFICIAL_SENSITIVE__Boulton_Dan_SoS_Decision.pdf: position in order to advance a romantic or sexual relationship with a pupil or former ./_OFFICIAL_SENSITIVE__Boulton_Dan_SoS_Decision.pdf- pupil; ./_OFFICIAL_SENSITIVE__Boulton_Dan_SoS_Decision.pdf- ./_OFFICIAL_SENSITIVE__Boulton_Dan_SoS_Decision.pdf: • sexual misconduct, for example, involving actions that were sexually motivated or ./_OFFICIAL_SENSITIVE__Boulton_Dan_SoS_Decision.pdf: of a sexual nature and/or that use or exploit the trust, knowledge or influence ./_OFFICIAL_SENSITIVE__Boulton_Dan_SoS_Decision.pdf- derived from the individual’s professional position; ./_OFFICIAL_SENSITIVE__Boulton_Dan_SoS_Decision.pdf- ./_OFFICIAL_SENSITIVE__Boulton_Dan_SoS_Decision.pdf- • failure in their duty of care towards a child, including exposing a child to risk or ./_OFFICIAL_SENSITIVE__Boulton_Dan_SoS_Decision.pdf- failing to promote the safety and welfare of the children (as set out in Part 1 of ./_OFFICIAL_SENSITIVE__Boulton_Dan_SoS_Decision.pdf- KCSIE); ./_OFFICIAL_SENSITIVE__Boulton_Dan_SoS_Decision.pdf- ./_OFFICIAL_SENSITIVE__Boulton_Dan_SoS_Decision.pdf-Even though some of the behaviour found proved in this case indicated that a prohibition ./_OFFICIAL_SENSITIVE__Boulton_Dan_SoS_Decision.pdf-order would be appropriate, the panel went on to consider the mitigating factors. ./_OFFICIAL_SENSITIVE__Boulton_Dan_SoS_Decision.pdf-Mitigating factors may indicate that a prohibition order would not be appropriate or ./_OFFICIAL_SENSITIVE__Boulton_Dan_SoS_Decision.pdf-proportionate. -- ./_OFFICIAL_SENSITIVE__Boulton_Dan_SoS_Decision.pdf- ./_OFFICIAL_SENSITIVE__Boulton_Dan_SoS_Decision.pdf-The panel was of the view that, applying the standard of the ordinary intelligent citizen, it ./_OFFICIAL_SENSITIVE__Boulton_Dan_SoS_Decision.pdf-was proportionate and appropriate to recommend a prohibition order. Recommending ./_OFFICIAL_SENSITIVE__Boulton_Dan_SoS_Decision.pdf-that the publication of adverse findings was sufficient, would unacceptably compromise ./_OFFICIAL_SENSITIVE__Boulton_Dan_SoS_Decision.pdf-the public interest considerations present in this case, despite the severity of the ./_OFFICIAL_SENSITIVE__Boulton_Dan_SoS_Decision.pdf-consequences for Mr Boulton of prohibition. ./_OFFICIAL_SENSITIVE__Boulton_Dan_SoS_Decision.pdf- ./_OFFICIAL_SENSITIVE__Boulton_Dan_SoS_Decision.pdf-The panel was of the view that prohibition was both proportionate and appropriate. The ./_OFFICIAL_SENSITIVE__Boulton_Dan_SoS_Decision.pdf-panel decided that the public interest considerations outweighed the interests of Mr ./_OFFICIAL_SENSITIVE__Boulton_Dan_SoS_Decision.pdf-Boulton. The nature of the offences and in particular, allegation 1, that he engaged in a ./_OFFICIAL_SENSITIVE__Boulton_Dan_SoS_Decision.pdf:sexual relationship with a Pupil at the school, was a significant factor in forming that ./_OFFICIAL_SENSITIVE__Boulton_Dan_SoS_Decision.pdf-opinion. Accordingly, the panel made a recommendation to the Secretary of State that a ./_OFFICIAL_SENSITIVE__Boulton_Dan_SoS_Decision.pdf-prohibition order should be imposed with immediate effect. ./_OFFICIAL_SENSITIVE__Boulton_Dan_SoS_Decision.pdf- ./_OFFICIAL_SENSITIVE__Boulton_Dan_SoS_Decision.pdf-The panel went on to consider whether or not it would be appropriate to recommend that ./_OFFICIAL_SENSITIVE__Boulton_Dan_SoS_Decision.pdf-a review period of the order should be considered. The panel was mindful that the Advice ./_OFFICIAL_SENSITIVE__Boulton_Dan_SoS_Decision.pdf-states that a prohibition order applies for life, but there may be circumstances, in any ./_OFFICIAL_SENSITIVE__Boulton_Dan_SoS_Decision.pdf-given case, that may make it appropriate to allow a teacher to apply to have the ./_OFFICIAL_SENSITIVE__Boulton_Dan_SoS_Decision.pdf-prohibition order reviewed after a specified period of time that may not be less than 2 ./_OFFICIAL_SENSITIVE__Boulton_Dan_SoS_Decision.pdf-years. ./_OFFICIAL_SENSITIVE__Boulton_Dan_SoS_Decision.pdf- ./_OFFICIAL_SENSITIVE__Boulton_Dan_SoS_Decision.pdf-The Advice indicates that there are behaviours that, if proved, would militate against the ./_OFFICIAL_SENSITIVE__Boulton_Dan_SoS_Decision.pdf:recommendation of a review period. One of these behaviours includes serious sexual ./_OFFICIAL_SENSITIVE__Boulton_Dan_SoS_Decision.pdf:misconduct, such as where the act was sexually motivated and resulted in, or had the ./_OFFICIAL_SENSITIVE__Boulton_Dan_SoS_Decision.pdf-potential to result in, harm to a person or persons, particularly where the individual has ./_OFFICIAL_SENSITIVE__Boulton_Dan_SoS_Decision.pdf:used his professional position to influence or exploit a person or persons / any sexual ./_OFFICIAL_SENSITIVE__Boulton_Dan_SoS_Decision.pdf-misconduct involving a child. The panel found that Mr Boulton was responsible for ./_OFFICIAL_SENSITIVE__Boulton_Dan_SoS_Decision.pdf:engaging in a sexual relationship with Pupil A, making an inappropriate comment towards ./_OFFICIAL_SENSITIVE__Boulton_Dan_SoS_Decision.pdf-pupils and making an inappropriate comment to a colleague about a pupil. ./_OFFICIAL_SENSITIVE__Boulton_Dan_SoS_Decision.pdf- ./_OFFICIAL_SENSITIVE__Boulton_Dan_SoS_Decision.pdf- ./_OFFICIAL_SENSITIVE__Boulton_Dan_SoS_Decision.pdf- 12 ./_OFFICIAL_SENSITIVE__Boulton_Dan_SoS_Decision.pdf- -- ./_OFFICIAL_SENSITIVE__Boulton_Dan_SoS_Decision.pdf- ./_OFFICIAL_SENSITIVE__Boulton_Dan_SoS_Decision.pdf- • Teachers must have proper and professional regard for the ethos, policies and ./_OFFICIAL_SENSITIVE__Boulton_Dan_SoS_Decision.pdf- practices of the school in which they teach… ./_OFFICIAL_SENSITIVE__Boulton_Dan_SoS_Decision.pdf- ./_OFFICIAL_SENSITIVE__Boulton_Dan_SoS_Decision.pdf- • Teachers must have an understanding of, and always act within, the statutory ./_OFFICIAL_SENSITIVE__Boulton_Dan_SoS_Decision.pdf- frameworks which set out their professional duties and responsibilities. ./_OFFICIAL_SENSITIVE__Boulton_Dan_SoS_Decision.pdf- ./_OFFICIAL_SENSITIVE__Boulton_Dan_SoS_Decision.pdf-The panel finds that the conduct of Mr Boulton fell significantly short of the standards ./_OFFICIAL_SENSITIVE__Boulton_Dan_SoS_Decision.pdf-expected of the profession. ./_OFFICIAL_SENSITIVE__Boulton_Dan_SoS_Decision.pdf- ./_OFFICIAL_SENSITIVE__Boulton_Dan_SoS_Decision.pdf:The findings of misconduct are particularly serious as they involved engaging in a sexual ./_OFFICIAL_SENSITIVE__Boulton_Dan_SoS_Decision.pdf-relationship with a pupil and making inappropriate comments about pupils. ./_OFFICIAL_SENSITIVE__Boulton_Dan_SoS_Decision.pdf- ./_OFFICIAL_SENSITIVE__Boulton_Dan_SoS_Decision.pdf- 13 ./_OFFICIAL_SENSITIVE__Boulton_Dan_SoS_Decision.pdf- -- ./_OFFICIAL_SENSITIVE__Boulton_Dan_SoS_Decision.pdf-achieve that aim taking into account the impact that it will have on the individual teacher. ./_OFFICIAL_SENSITIVE__Boulton_Dan_SoS_Decision.pdf-I have also asked myself, whether a less intrusive measure, such as the published ./_OFFICIAL_SENSITIVE__Boulton_Dan_SoS_Decision.pdf-finding of unacceptable professional conduct and conduct that may bring the profession ./_OFFICIAL_SENSITIVE__Boulton_Dan_SoS_Decision.pdf-into disrepute, would itself be sufficient to achieve the overall aim. I have to consider ./_OFFICIAL_SENSITIVE__Boulton_Dan_SoS_Decision.pdf-whether the consequences of such a publication are themselves sufficient. I have ./_OFFICIAL_SENSITIVE__Boulton_Dan_SoS_Decision.pdf-considered therefore whether or not prohibiting Mr Boulton, and the impact that will have ./_OFFICIAL_SENSITIVE__Boulton_Dan_SoS_Decision.pdf-on the teacher, is proportionate and in the public interest. ./_OFFICIAL_SENSITIVE__Boulton_Dan_SoS_Decision.pdf- ./_OFFICIAL_SENSITIVE__Boulton_Dan_SoS_Decision.pdf-In this case, I have considered the extent to which a prohibition order would protect ./_OFFICIAL_SENSITIVE__Boulton_Dan_SoS_Decision.pdf-pupils. The panel has observed, “In the light of the panel’s findings against Mr Boulton, ./_OFFICIAL_SENSITIVE__Boulton_Dan_SoS_Decision.pdf:which involved engaging in a sexual relationship with Pupil A, making an inappropriate ./_OFFICIAL_SENSITIVE__Boulton_Dan_SoS_Decision.pdf-comment towards pupils and making an inappropriate comment about a pupil to another ./_OFFICIAL_SENSITIVE__Boulton_Dan_SoS_Decision.pdf-member of staff, there was a strong public interest consideration in respect of the ./_OFFICIAL_SENSITIVE__Boulton_Dan_SoS_Decision.pdf-protection of pupils given the serious finding of an inappropriate relationship with a pupil.” ./_OFFICIAL_SENSITIVE__Boulton_Dan_SoS_Decision.pdf-A prohibition order would therefore prevent such a risk from being present in the future. ./_OFFICIAL_SENSITIVE__Boulton_Dan_SoS_Decision.pdf- ./_OFFICIAL_SENSITIVE__Boulton_Dan_SoS_Decision.pdf-I have also taken into account the panel’s comments on insight and remorse, which the ./_OFFICIAL_SENSITIVE__Boulton_Dan_SoS_Decision.pdf-panel sets out as follows, “Mr Boulton, in an email to the TRA dated 21 June 2022, stated ./_OFFICIAL_SENSITIVE__Boulton_Dan_SoS_Decision.pdf-that he was deeply sorry for his comments. Mr Boulton submitted that the comments ./_OFFICIAL_SENSITIVE__Boulton_Dan_SoS_Decision.pdf-were not meant to cause offence or upset an individual and were merely an attempt at ./_OFFICIAL_SENSITIVE__Boulton_Dan_SoS_Decision.pdf-humour. The panel noted that Mr Boulton took full responsibility for his behaviour from ./_OFFICIAL_SENSITIVE__Boulton_Dan_SoS_Decision.pdf-the outset and admitted he had been in a position of trust. However, the panel did not ./_OFFICIAL_SENSITIVE__Boulton_Dan_SoS_Decision.pdf-consider that this mitigated against the offences.” I have therefore given this element ./_OFFICIAL_SENSITIVE__Boulton_Dan_SoS_Decision.pdf-considerable weight in reaching my decision. ./_OFFICIAL_SENSITIVE__Boulton_Dan_SoS_Decision.pdf- ./_OFFICIAL_SENSITIVE__Boulton_Dan_SoS_Decision.pdf-I have gone on to consider the extent to which a prohibition order would maintain public ./_OFFICIAL_SENSITIVE__Boulton_Dan_SoS_Decision.pdf-confidence in the profession. The panel observe, “the panel considered that public ./_OFFICIAL_SENSITIVE__Boulton_Dan_SoS_Decision.pdf-confidence in the profession could be seriously weakened if conduct such as that found ./_OFFICIAL_SENSITIVE__Boulton_Dan_SoS_Decision.pdf-against Mr Boulton were not treated with the utmost seriousness when regulating the ./_OFFICIAL_SENSITIVE__Boulton_Dan_SoS_Decision.pdf:conduct of the profession.” I am particularly mindful of the finding involving a sexual ./_OFFICIAL_SENSITIVE__Boulton_Dan_SoS_Decision.pdf-relationship with a pupil in this case and the impact that such a finding has on the ./_OFFICIAL_SENSITIVE__Boulton_Dan_SoS_Decision.pdf-reputation of the profession. ./_OFFICIAL_SENSITIVE__Boulton_Dan_SoS_Decision.pdf- ./_OFFICIAL_SENSITIVE__Boulton_Dan_SoS_Decision.pdf-I have had to consider that the public has a high expectation of professional standards of ./_OFFICIAL_SENSITIVE__Boulton_Dan_SoS_Decision.pdf-all teachers and that the public might regard a failure to impose a prohibition order as a ./_OFFICIAL_SENSITIVE__Boulton_Dan_SoS_Decision.pdf-failure to uphold those high standards. In weighing these considerations, I have had to ./_OFFICIAL_SENSITIVE__Boulton_Dan_SoS_Decision.pdf-consider the matter from the point of view of an “ordinary intelligent and well-informed ./_OFFICIAL_SENSITIVE__Boulton_Dan_SoS_Decision.pdf-citizen.” ./_OFFICIAL_SENSITIVE__Boulton_Dan_SoS_Decision.pdf- ./_OFFICIAL_SENSITIVE__Boulton_Dan_SoS_Decision.pdf- -- ./_OFFICIAL_SENSITIVE__Boulton_Dan_SoS_Decision.pdf-very negative impact on the individual’s status as a teacher and damage public ./_OFFICIAL_SENSITIVE__Boulton_Dan_SoS_Decision.pdf-perception. In relation to allegation 2(a), the comments were made in front of pupils in a ./_OFFICIAL_SENSITIVE__Boulton_Dan_SoS_Decision.pdf-teaching setting. Some of the pupils identified as LGBT and parents were likely to have ./_OFFICIAL_SENSITIVE__Boulton_Dan_SoS_Decision.pdf-been made aware of the comment by them. In relation to 2(b) the comment was made at ./_OFFICIAL_SENSITIVE__Boulton_Dan_SoS_Decision.pdf-school and although made in a private setting, if they were overheard they would have ./_OFFICIAL_SENSITIVE__Boulton_Dan_SoS_Decision.pdf-brought the profession into disrepute.” ./_OFFICIAL_SENSITIVE__Boulton_Dan_SoS_Decision.pdf- ./_OFFICIAL_SENSITIVE__Boulton_Dan_SoS_Decision.pdf-I have also placed considerable weight on the finding of the panel that “The panel was of ./_OFFICIAL_SENSITIVE__Boulton_Dan_SoS_Decision.pdf-the view that prohibition was both proportionate and appropriate. The panel decided that ./_OFFICIAL_SENSITIVE__Boulton_Dan_SoS_Decision.pdf-the public interest considerations outweighed the interests of Mr Boulton. The nature of ./_OFFICIAL_SENSITIVE__Boulton_Dan_SoS_Decision.pdf:the offences and in particular, allegation 1, that he engaged in a sexual relationship with ./_OFFICIAL_SENSITIVE__Boulton_Dan_SoS_Decision.pdf-a Pupil at the school, was a significant factor in forming that opinion. Accordingly, the ./_OFFICIAL_SENSITIVE__Boulton_Dan_SoS_Decision.pdf-panel made a recommendation to the Secretary of State that a prohibition order should ./_OFFICIAL_SENSITIVE__Boulton_Dan_SoS_Decision.pdf-be imposed with immediate effect.” ./_OFFICIAL_SENSITIVE__Boulton_Dan_SoS_Decision.pdf- ./_OFFICIAL_SENSITIVE__Boulton_Dan_SoS_Decision.pdf-I have given less weight in my consideration of sanction therefore, to the contribution that ./_OFFICIAL_SENSITIVE__Boulton_Dan_SoS_Decision.pdf-Mr Boulton has made to the profession. In my view, it is necessary to impose a ./_OFFICIAL_SENSITIVE__Boulton_Dan_SoS_Decision.pdf-prohibition order in order to maintain public confidence in the profession. A published ./_OFFICIAL_SENSITIVE__Boulton_Dan_SoS_Decision.pdf-decision, in light of the circumstances in this case, does not in my view satisfy the public ./_OFFICIAL_SENSITIVE__Boulton_Dan_SoS_Decision.pdf-interest requirement concerning public confidence in the profession. ./_OFFICIAL_SENSITIVE__Boulton_Dan_SoS_Decision.pdf- -- ./_OFFICIAL_SENSITIVE__Boulton_Dan_SoS_Decision.pdf-For these reasons, I have concluded that a prohibition order is proportionate and in the ./_OFFICIAL_SENSITIVE__Boulton_Dan_SoS_Decision.pdf-public interest in order to achieve the intended aims of a prohibition order. ./_OFFICIAL_SENSITIVE__Boulton_Dan_SoS_Decision.pdf- ./_OFFICIAL_SENSITIVE__Boulton_Dan_SoS_Decision.pdf-I have gone on to consider the matter of a review period. In this case, the panel has ./_OFFICIAL_SENSITIVE__Boulton_Dan_SoS_Decision.pdf-recommended that no provision should be made for a review period. ./_OFFICIAL_SENSITIVE__Boulton_Dan_SoS_Decision.pdf- ./_OFFICIAL_SENSITIVE__Boulton_Dan_SoS_Decision.pdf-I have considered the panel’s comments “The Advice indicates that there are behaviours ./_OFFICIAL_SENSITIVE__Boulton_Dan_SoS_Decision.pdf-that, if proved, would militate against the recommendation of a review period. One of ./_OFFICIAL_SENSITIVE__Boulton_Dan_SoS_Decision.pdf:these behaviours includes serious sexual misconduct, such as where the act was ./_OFFICIAL_SENSITIVE__Boulton_Dan_SoS_Decision.pdf:sexually motivated and resulted in, or had the potential to result in, harm to a person or ./_OFFICIAL_SENSITIVE__Boulton_Dan_SoS_Decision.pdf-persons, particularly where the individual has used his professional position to influence ./_OFFICIAL_SENSITIVE__Boulton_Dan_SoS_Decision.pdf:or exploit a person or persons / any sexual misconduct involving a child. The panel found ./_OFFICIAL_SENSITIVE__Boulton_Dan_SoS_Decision.pdf:that Mr Boulton was responsible for engaging in a sexual relationship with Pupil A, ./_OFFICIAL_SENSITIVE__Boulton_Dan_SoS_Decision.pdf-making an inappropriate comment towards pupils and making an inappropriate comment ./_OFFICIAL_SENSITIVE__Boulton_Dan_SoS_Decision.pdf-to a colleague about a pupil.” ./_OFFICIAL_SENSITIVE__Boulton_Dan_SoS_Decision.pdf- ./_OFFICIAL_SENSITIVE__Boulton_Dan_SoS_Decision.pdf-In this case, factors mean that allowing a review period is not sufficient to achieve the ./_OFFICIAL_SENSITIVE__Boulton_Dan_SoS_Decision.pdf-aim of maintaining public confidence in the profession. These elements are the ./_OFFICIAL_SENSITIVE__Boulton_Dan_SoS_Decision.pdf:seriousness of the findings involving a sexual relationship with a pupil. ./_OFFICIAL_SENSITIVE__Boulton_Dan_SoS_Decision.pdf- ./_OFFICIAL_SENSITIVE__Boulton_Dan_SoS_Decision.pdf-I consider therefore that allowing for no review period is necessary to maintain public ./_OFFICIAL_SENSITIVE__Boulton_Dan_SoS_Decision.pdf-confidence and is proportionate and in the public interest. ./_OFFICIAL_SENSITIVE__Boulton_Dan_SoS_Decision.pdf- ./_OFFICIAL_SENSITIVE__Boulton_Dan_SoS_Decision.pdf-This means that Mr Dan Boulton is prohibited from teaching indefinitely and ./_OFFICIAL_SENSITIVE__Boulton_Dan_SoS_Decision.pdf-cannot teach in any school, sixth form college, relevant youth accommodation or ./_OFFICIAL_SENSITIVE__Boulton_Dan_SoS_Decision.pdf-children’s home in England. Furthermore, in view of the seriousness of the allegations ./_OFFICIAL_SENSITIVE__Boulton_Dan_SoS_Decision.pdf-found proved against him, I have decided that Mr Boulton shall not be entitled to apply for ./_OFFICIAL_SENSITIVE__Boulton_Dan_SoS_Decision.pdf-restoration of his eligibility to teach. ./_OFFICIAL_SENSITIVE__Boulton_Dan_SoS_Decision.pdf- ./_OFFICIAL_SENSITIVE__Browning_Paul_SOS_Decision__Redacted_.pdf- ./_OFFICIAL_SENSITIVE__Browning_Paul_SOS_Decision__Redacted_.pdf- ./_OFFICIAL_SENSITIVE__Browning_Paul_SOS_Decision__Redacted_.pdf-Allegations ./_OFFICIAL_SENSITIVE__Browning_Paul_SOS_Decision__Redacted_.pdf-The panel considered the allegation set out in the notice of meeting dated 14 June 2022. ./_OFFICIAL_SENSITIVE__Browning_Paul_SOS_Decision__Redacted_.pdf- ./_OFFICIAL_SENSITIVE__Browning_Paul_SOS_Decision__Redacted_.pdf-It was alleged that Mr Browning was guilty of having been convicted of a relevant ./_OFFICIAL_SENSITIVE__Browning_Paul_SOS_Decision__Redacted_.pdf-offence, in that: ./_OFFICIAL_SENSITIVE__Browning_Paul_SOS_Decision__Redacted_.pdf- ./_OFFICIAL_SENSITIVE__Browning_Paul_SOS_Decision__Redacted_.pdf-1. On 13 November 2020, at Birmingham Magistrates’ Court, he was convicted of, ./_OFFICIAL_SENSITIVE__Browning_Paul_SOS_Decision__Redacted_.pdf- between 01/01/2015 and 01/12/2017, ‘recorded another person doing a private act ./_OFFICIAL_SENSITIVE__Browning_Paul_SOS_Decision__Redacted_.pdf: with the intention that you would, for the purpose of obtaining sexual gratification, ./_OFFICIAL_SENSITIVE__Browning_Paul_SOS_Decision__Redacted_.pdf- ./_OFFICIAL_SENSITIVE__Browning_Paul_SOS_Decision__Redacted_.pdf- ./_OFFICIAL_SENSITIVE__Browning_Paul_SOS_Decision__Redacted_.pdf- 3 ./_OFFICIAL_SENSITIVE__Browning_Paul_SOS_Decision__Redacted_.pdf- -- ./_OFFICIAL_SENSITIVE__Browning_Paul_SOS_Decision__Redacted_.pdf-Findings of fact ./_OFFICIAL_SENSITIVE__Browning_Paul_SOS_Decision__Redacted_.pdf- ./_OFFICIAL_SENSITIVE__Browning_Paul_SOS_Decision__Redacted_.pdf-The findings of fact are as follows: ./_OFFICIAL_SENSITIVE__Browning_Paul_SOS_Decision__Redacted_.pdf- ./_OFFICIAL_SENSITIVE__Browning_Paul_SOS_Decision__Redacted_.pdf-The panel found the following particulars of the allegations against Mr Browning proved, ./_OFFICIAL_SENSITIVE__Browning_Paul_SOS_Decision__Redacted_.pdf-for these reasons: ./_OFFICIAL_SENSITIVE__Browning_Paul_SOS_Decision__Redacted_.pdf- ./_OFFICIAL_SENSITIVE__Browning_Paul_SOS_Decision__Redacted_.pdf-1. On 13 November 2020, at Birmingham Magistrates’ Court, you were convicted ./_OFFICIAL_SENSITIVE__Browning_Paul_SOS_Decision__Redacted_.pdf- of, between 01/01/2015 and 01/12/2017, ‘recorded another person doing a ./_OFFICIAL_SENSITIVE__Browning_Paul_SOS_Decision__Redacted_.pdf- private act with the intention that you would, for the purpose of obtaining ./_OFFICIAL_SENSITIVE__Browning_Paul_SOS_Decision__Redacted_.pdf: sexual gratification, look at an image of that other person doing the act, ./_OFFICIAL_SENSITIVE__Browning_Paul_SOS_Decision__Redacted_.pdf- knowing that the other person did not consent to your recording the act with ./_OFFICIAL_SENSITIVE__Browning_Paul_SOS_Decision__Redacted_.pdf- that intention’, contrary to section 67(3) and (5) of the Sexual Offences Act ./_OFFICIAL_SENSITIVE__Browning_Paul_SOS_Decision__Redacted_.pdf- 2003. ./_OFFICIAL_SENSITIVE__Browning_Paul_SOS_Decision__Redacted_.pdf- ./_OFFICIAL_SENSITIVE__Browning_Paul_SOS_Decision__Redacted_.pdf-The panel considered the statement of agreed facts, signed by Mr Browning on 25 ./_OFFICIAL_SENSITIVE__Browning_Paul_SOS_Decision__Redacted_.pdf-November 2021. In that statement of agreed facts, Mr Browning admitted the particulars ./_OFFICIAL_SENSITIVE__Browning_Paul_SOS_Decision__Redacted_.pdf-of allegations 1. Further, it was admitted the facts of the allegations amounted to a ./_OFFICIAL_SENSITIVE__Browning_Paul_SOS_Decision__Redacted_.pdf-conviction of a relevant offence. ./_OFFICIAL_SENSITIVE__Browning_Paul_SOS_Decision__Redacted_.pdf- ./_OFFICIAL_SENSITIVE__Browning_Paul_SOS_Decision__Redacted_.pdf-The panel noted page 8 of the Teacher Misconduct: The Prohibition of Teachers (‘the -- ./_OFFICIAL_SENSITIVE__Browning_Paul_SOS_Decision__Redacted_.pdf-The panel had been provided with a copy of the certificate of conviction from ./_OFFICIAL_SENSITIVE__Browning_Paul_SOS_Decision__Redacted_.pdf-Birmingham and Solihull Magistrates Court, which detailed that Mr Browning had been ./_OFFICIAL_SENSITIVE__Browning_Paul_SOS_Decision__Redacted_.pdf-convicted of recording another person doing a private act with the intention that he ./_OFFICIAL_SENSITIVE__Browning_Paul_SOS_Decision__Redacted_.pdf:would, for the purpose of obtaining sexual gratification, look at an image of that other ./_OFFICIAL_SENSITIVE__Browning_Paul_SOS_Decision__Redacted_.pdf-person doing the act, knowing that the other person did not consent to his recording of ./_OFFICIAL_SENSITIVE__Browning_Paul_SOS_Decision__Redacted_.pdf-the act with that intention, contrary to section 67(3) and (5) of the Sexual Offences Act ./_OFFICIAL_SENSITIVE__Browning_Paul_SOS_Decision__Redacted_.pdf-2003. ./_OFFICIAL_SENSITIVE__Browning_Paul_SOS_Decision__Redacted_.pdf- ./_OFFICIAL_SENSITIVE__Browning_Paul_SOS_Decision__Redacted_.pdf-In respect of the allegations, Mr Browning was sentenced to 26 weeks’ imprisonment ./_OFFICIAL_SENSITIVE__Browning_Paul_SOS_Decision__Redacted_.pdf-suspended for 24 months. In addition, Mr Browning must comply with the following ./_OFFICIAL_SENSITIVE__Browning_Paul_SOS_Decision__Redacted_.pdf-requirements: a) a mental health treatment requirement; and 2) a rehabilitation activity ./_OFFICIAL_SENSITIVE__Browning_Paul_SOS_Decision__Redacted_.pdf-requirement. Mr Browning was also ordered to pay £500 in compensation; to pay a ./_OFFICIAL_SENSITIVE__Browning_Paul_SOS_Decision__Redacted_.pdf-victim surcharge of £128; to pay costs of £185 to the Crown Prosecution Service; and ./_OFFICIAL_SENSITIVE__Browning_Paul_SOS_Decision__Redacted_.pdf-made subject to a collection order. Mr Browning was also sentenced to registration with -- ./_OFFICIAL_SENSITIVE__Browning_Paul_SOS_Decision__Redacted_.pdf- ./_OFFICIAL_SENSITIVE__Browning_Paul_SOS_Decision__Redacted_.pdf- • serious departure from the personal and professional conduct elements of the ./_OFFICIAL_SENSITIVE__Browning_Paul_SOS_Decision__Redacted_.pdf- Teachers’ Standards; ./_OFFICIAL_SENSITIVE__Browning_Paul_SOS_Decision__Redacted_.pdf- ./_OFFICIAL_SENSITIVE__Browning_Paul_SOS_Decision__Redacted_.pdf- • the commission of a serious criminal offence, including those that resulted in a ./_OFFICIAL_SENSITIVE__Browning_Paul_SOS_Decision__Redacted_.pdf- conviction or caution, paying particular attention to offences that are ‘relevant ./_OFFICIAL_SENSITIVE__Browning_Paul_SOS_Decision__Redacted_.pdf- matters’ for the purposes of The Police Act 1997 and criminal record disclosures. ./_OFFICIAL_SENSITIVE__Browning_Paul_SOS_Decision__Redacted_.pdf- ./_OFFICIAL_SENSITIVE__Browning_Paul_SOS_Decision__Redacted_.pdf- • abuse of position or trust (particularly involving pupils); ./_OFFICIAL_SENSITIVE__Browning_Paul_SOS_Decision__Redacted_.pdf- ./_OFFICIAL_SENSITIVE__Browning_Paul_SOS_Decision__Redacted_.pdf: • sexual misconduct, for example, involving actions that were sexually motivated or ./_OFFICIAL_SENSITIVE__Browning_Paul_SOS_Decision__Redacted_.pdf: of a sexual nature and/or that use or exploit the trust, knowledge or influence ./_OFFICIAL_SENSITIVE__Browning_Paul_SOS_Decision__Redacted_.pdf- derived from the individual’s professional position; ./_OFFICIAL_SENSITIVE__Browning_Paul_SOS_Decision__Redacted_.pdf- ./_OFFICIAL_SENSITIVE__Browning_Paul_SOS_Decision__Redacted_.pdf- • a deep-seated attitude that leads to harmful behaviour; and ./_OFFICIAL_SENSITIVE__Browning_Paul_SOS_Decision__Redacted_.pdf- ./_OFFICIAL_SENSITIVE__Browning_Paul_SOS_Decision__Redacted_.pdf- • dishonesty or a lack of integrity, including the deliberate concealment of their ./_OFFICIAL_SENSITIVE__Browning_Paul_SOS_Decision__Redacted_.pdf- actions or purposeful destruction of evidence, especially where these behaviours ./_OFFICIAL_SENSITIVE__Browning_Paul_SOS_Decision__Redacted_.pdf- have been repeated or had serious consequences, or involved the coercion of ./_OFFICIAL_SENSITIVE__Browning_Paul_SOS_Decision__Redacted_.pdf- another person to act in a way contrary to their own interests. ./_OFFICIAL_SENSITIVE__Browning_Paul_SOS_Decision__Redacted_.pdf- ./_OFFICIAL_SENSITIVE__Browning_Paul_SOS_Decision__Redacted_.pdf- -- ./_OFFICIAL_SENSITIVE__Browning_Paul_SOS_Decision__Redacted_.pdf-prohibition order reviewed after a specified period of time that may not be less than 2 ./_OFFICIAL_SENSITIVE__Browning_Paul_SOS_Decision__Redacted_.pdf-years. ./_OFFICIAL_SENSITIVE__Browning_Paul_SOS_Decision__Redacted_.pdf- ./_OFFICIAL_SENSITIVE__Browning_Paul_SOS_Decision__Redacted_.pdf-The Advice indicates that there are behaviours that, if proved, would militate against the ./_OFFICIAL_SENSITIVE__Browning_Paul_SOS_Decision__Redacted_.pdf:recommendation of a review period. One of these behaviours include serious sexual ./_OFFICIAL_SENSITIVE__Browning_Paul_SOS_Decision__Redacted_.pdf:misconduct, such as where the act was sexually motivated and resulted in, or had the ./_OFFICIAL_SENSITIVE__Browning_Paul_SOS_Decision__Redacted_.pdf-potential to result in, harm to a person or persons, particularly where the individual has ./_OFFICIAL_SENSITIVE__Browning_Paul_SOS_Decision__Redacted_.pdf-used his professional position to influence or exploit a person or persons. Mr Browning ./_OFFICIAL_SENSITIVE__Browning_Paul_SOS_Decision__Redacted_.pdf-was convicted of recording another person doing a private act with the intention that he ./_OFFICIAL_SENSITIVE__Browning_Paul_SOS_Decision__Redacted_.pdf:would, for the purpose of obtaining sexual gratification, look at an image of that other ./_OFFICIAL_SENSITIVE__Browning_Paul_SOS_Decision__Redacted_.pdf-person doing the act, knowing that the other person did not consent to the recording the ./_OFFICIAL_SENSITIVE__Browning_Paul_SOS_Decision__Redacted_.pdf-act with that intention, contrary to the Sexual Offences Act 2003. The panel found that Mr ./_OFFICIAL_SENSITIVE__Browning_Paul_SOS_Decision__Redacted_.pdf-Browning’s conviction led to a strong public interest in respect of the protection of pupils. ./_OFFICIAL_SENSITIVE__Browning_Paul_SOS_Decision__Redacted_.pdf- ./_OFFICIAL_SENSITIVE__Browning_Paul_SOS_Decision__Redacted_.pdf-The panel decided that the findings indicated a situation in which a review period would ./_OFFICIAL_SENSITIVE__Browning_Paul_SOS_Decision__Redacted_.pdf-not be appropriate and, as such, decided that it would be proportionate in all the ./_OFFICIAL_SENSITIVE__Browning_Paul_SOS_Decision__Redacted_.pdf-circumstances for the prohibition order to be recommended without provisions for a ./_OFFICIAL_SENSITIVE__Browning_Paul_SOS_Decision__Redacted_.pdf-review period. ./_OFFICIAL_SENSITIVE__Browning_Paul_SOS_Decision__Redacted_.pdf- ./_OFFICIAL_SENSITIVE__Browning_Paul_SOS_Decision__Redacted_.pdf- -- ./_OFFICIAL_SENSITIVE__Browning_Paul_SOS_Decision__Redacted_.pdf-as a teacher or which showed that he demonstrates exceptionally high standards in both ./_OFFICIAL_SENSITIVE__Browning_Paul_SOS_Decision__Redacted_.pdf-personal and professional conduct and has contributed significantly to the education ./_OFFICIAL_SENSITIVE__Browning_Paul_SOS_Decision__Redacted_.pdf-sector.” ./_OFFICIAL_SENSITIVE__Browning_Paul_SOS_Decision__Redacted_.pdf- ./_OFFICIAL_SENSITIVE__Browning_Paul_SOS_Decision__Redacted_.pdf-A prohibition order would prevent Mr Browning from teaching. A prohibition order would ./_OFFICIAL_SENSITIVE__Browning_Paul_SOS_Decision__Redacted_.pdf-also clearly deprive the public of his contribution to the profession for the period that it is ./_OFFICIAL_SENSITIVE__Browning_Paul_SOS_Decision__Redacted_.pdf-in force. ./_OFFICIAL_SENSITIVE__Browning_Paul_SOS_Decision__Redacted_.pdf- ./_OFFICIAL_SENSITIVE__Browning_Paul_SOS_Decision__Redacted_.pdf-In this case, I have placed considerable weight on the panel’s comments, “Mr Browning ./_OFFICIAL_SENSITIVE__Browning_Paul_SOS_Decision__Redacted_.pdf-was convicted of recording another person doing a private act with the intention that he ./_OFFICIAL_SENSITIVE__Browning_Paul_SOS_Decision__Redacted_.pdf:would, for the purpose of obtaining sexual gratification, look at an image of that other ./_OFFICIAL_SENSITIVE__Browning_Paul_SOS_Decision__Redacted_.pdf-person doing the act, knowing that the other person did not consent to the recording the ./_OFFICIAL_SENSITIVE__Browning_Paul_SOS_Decision__Redacted_.pdf-act with that intention, contrary to the Sexual Offences Act 2003. The panel found that Mr ./_OFFICIAL_SENSITIVE__Browning_Paul_SOS_Decision__Redacted_.pdf-Browning’s conviction led to a strong public interest in respect of the protection of pupils.” ./_OFFICIAL_SENSITIVE__Browning_Paul_SOS_Decision__Redacted_.pdf- ./_OFFICIAL_SENSITIVE__Browning_Paul_SOS_Decision__Redacted_.pdf-I have also placed considerable weight on the finding of the panel that “that the behaviour ./_OFFICIAL_SENSITIVE__Browning_Paul_SOS_Decision__Redacted_.pdf-involved in committing the offence could have had an impact on the safety or security of ./_OFFICIAL_SENSITIVE__Browning_Paul_SOS_Decision__Redacted_.pdf-pupils and/or members of the public.” ./_OFFICIAL_SENSITIVE__Browning_Paul_SOS_Decision__Redacted_.pdf- ./_OFFICIAL_SENSITIVE__Browning_Paul_SOS_Decision__Redacted_.pdf-I have given less weight in my consideration of sanction therefore, to the contribution that ./_OFFICIAL_SENSITIVE__Browning_Paul_SOS_Decision__Redacted_.pdf-Mr Browning has made to the profession. In my view, it is necessary to impose a -- ./_OFFICIAL_SENSITIVE__Browning_Paul_SOS_Decision__Redacted_.pdf-of imprisonment (albeit suspended). ./_OFFICIAL_SENSITIVE__Browning_Paul_SOS_Decision__Redacted_.pdf- ./_OFFICIAL_SENSITIVE__Browning_Paul_SOS_Decision__Redacted_.pdf-For these reasons, I have concluded that a prohibition order is proportionate and in the ./_OFFICIAL_SENSITIVE__Browning_Paul_SOS_Decision__Redacted_.pdf-public interest in order to achieve the intended aims of a prohibition order. ./_OFFICIAL_SENSITIVE__Browning_Paul_SOS_Decision__Redacted_.pdf- ./_OFFICIAL_SENSITIVE__Browning_Paul_SOS_Decision__Redacted_.pdf-I have gone on to consider the matter of a review period. In this case, the panel has ./_OFFICIAL_SENSITIVE__Browning_Paul_SOS_Decision__Redacted_.pdf-recommended that no provision should be made for a review period. ./_OFFICIAL_SENSITIVE__Browning_Paul_SOS_Decision__Redacted_.pdf- ./_OFFICIAL_SENSITIVE__Browning_Paul_SOS_Decision__Redacted_.pdf-I have considered the panel’s comments “The Advice indicates that there are behaviours ./_OFFICIAL_SENSITIVE__Browning_Paul_SOS_Decision__Redacted_.pdf-that, if proved, would militate against the recommendation of a review period. One of ./_OFFICIAL_SENSITIVE__Browning_Paul_SOS_Decision__Redacted_.pdf:these behaviours include serious sexual misconduct, such as where the act was sexually ./_OFFICIAL_SENSITIVE__Browning_Paul_SOS_Decision__Redacted_.pdf-motivated and resulted in, or had the potential to result in, harm to a person or persons, ./_OFFICIAL_SENSITIVE__Browning_Paul_SOS_Decision__Redacted_.pdf-particularly where the individual has used his professional position to influence or exploit ./_OFFICIAL_SENSITIVE__Browning_Paul_SOS_Decision__Redacted_.pdf-a person or persons.” ./_OFFICIAL_SENSITIVE__Browning_Paul_SOS_Decision__Redacted_.pdf- ./_OFFICIAL_SENSITIVE__Browning_Paul_SOS_Decision__Redacted_.pdf-I have considered whether not allowing a review period reflects the seriousness of the ./_OFFICIAL_SENSITIVE__Browning_Paul_SOS_Decision__Redacted_.pdf-findings and is a proportionate period to achieve the aim of maintaining public confidence ./_OFFICIAL_SENSITIVE__Browning_Paul_SOS_Decision__Redacted_.pdf-in the profession. In this case, factors mean that allowing a review period is not sufficient ./_OFFICIAL_SENSITIVE__Browning_Paul_SOS_Decision__Redacted_.pdf-to achieve the aim of maintaining public confidence in the profession. These elements ./_OFFICIAL_SENSITIVE__Browning_Paul_SOS_Decision__Redacted_.pdf-are the seriousness of the conviction and the lack of insight. ./_OFFICIAL_SENSITIVE__Browning_Paul_SOS_Decision__Redacted_.pdf- ./_OFFICIAL_SENSITIVE__Burston_Joe_SoS_decision_Redacted.pdf- Pupil E with a hot flame emoji when he knew or ought to have known that this was ./_OFFICIAL_SENSITIVE__Burston_Joe_SoS_decision_Redacted.pdf- not appropriate; ./_OFFICIAL_SENSITIVE__Burston_Joe_SoS_decision_Redacted.pdf- ./_OFFICIAL_SENSITIVE__Burston_Joe_SoS_decision_Redacted.pdf-14. On an unknown date prior to 20 August 2020, in response to ex Pupil F sending an ./_OFFICIAL_SENSITIVE__Burston_Joe_SoS_decision_Redacted.pdf- image of his shaved head commented, 'time for a Grindr update', or words to that ./_OFFICIAL_SENSITIVE__Burston_Joe_SoS_decision_Redacted.pdf- effect when he knew or ought to have known that this was not appropriate; ./_OFFICIAL_SENSITIVE__Burston_Joe_SoS_decision_Redacted.pdf- ./_OFFICIAL_SENSITIVE__Burston_Joe_SoS_decision_Redacted.pdf-15. His behaviour as set out in one or more the allegations demonstrated elements of ./_OFFICIAL_SENSITIVE__Burston_Joe_SoS_decision_Redacted.pdf- building an inappropriate relationship. ./_OFFICIAL_SENSITIVE__Burston_Joe_SoS_decision_Redacted.pdf- ./_OFFICIAL_SENSITIVE__Burston_Joe_SoS_decision_Redacted.pdf:16. His conduct as set out in one or more the allegations above was sexually motivated ./_OFFICIAL_SENSITIVE__Burston_Joe_SoS_decision_Redacted.pdf- ./_OFFICIAL_SENSITIVE__Burston_Joe_SoS_decision_Redacted.pdf-Mr Burston admitted allegations 1(a), 2(a), 2(b), 2(d), 2(e), 2(f), 2(g), 2(h), 2(i), 2(j), 3(a)- ./_OFFICIAL_SENSITIVE__Burston_Joe_SoS_decision_Redacted.pdf-(c), 4(a)-(c)(i-iii), 5, 6, 7, 8, 9, 10, 11, 12, 13 and14 as set out in the statement of agreed ./_OFFICIAL_SENSITIVE__Burston_Joe_SoS_decision_Redacted.pdf-and disputed facts, signed by Mr Burston on 1 July 2022. Mr Burston further admitted ./_OFFICIAL_SENSITIVE__Burston_Joe_SoS_decision_Redacted.pdf-that the facts of the admitted allegations amounted to unacceptable professional conduct ./_OFFICIAL_SENSITIVE__Burston_Joe_SoS_decision_Redacted.pdf-and conduct that may bring the profession into disrepute. ./_OFFICIAL_SENSITIVE__Burston_Joe_SoS_decision_Redacted.pdf- ./_OFFICIAL_SENSITIVE__Burston_Joe_SoS_decision_Redacted.pdf-Mr Burston denied allegations 1(b), 15 and 16. Mr Burston neither admitted nor denied ./_OFFICIAL_SENSITIVE__Burston_Joe_SoS_decision_Redacted.pdf-allegation 2(c). ./_OFFICIAL_SENSITIVE__Burston_Joe_SoS_decision_Redacted.pdf- -- ./_OFFICIAL_SENSITIVE__Burston_Joe_SoS_decision_Redacted.pdf-reference he made to Pupil A to be clear, in that it was only him who could read the ./_OFFICIAL_SENSITIVE__Burston_Joe_SoS_decision_Redacted.pdf-comments in the group. ./_OFFICIAL_SENSITIVE__Burston_Joe_SoS_decision_Redacted.pdf- ./_OFFICIAL_SENSITIVE__Burston_Joe_SoS_decision_Redacted.pdf-Mr Burston admitted allegation 2(d) i) – viii) in the Statement. He accepted that his ./_OFFICIAL_SENSITIVE__Burston_Joe_SoS_decision_Redacted.pdf-messages were inappropriate in content and personal tone and that they crossed the ./_OFFICIAL_SENSITIVE__Burston_Joe_SoS_decision_Redacted.pdf-professional boundary into the teacher/pupil relationship becoming inappropriate. ./_OFFICIAL_SENSITIVE__Burston_Joe_SoS_decision_Redacted.pdf- ./_OFFICIAL_SENSITIVE__Burston_Joe_SoS_decision_Redacted.pdf-Mr Burston admitted allegation 2(e) i) – iii) in the Statement. He stated that he was ./_OFFICIAL_SENSITIVE__Burston_Joe_SoS_decision_Redacted.pdf-commenting on the feeling a person may derive from showering and the feelings of being ./_OFFICIAL_SENSITIVE__Burston_Joe_SoS_decision_Redacted.pdf-clean and in a comfortable environment. Mr Burston denied that the messages he sent ./_OFFICIAL_SENSITIVE__Burston_Joe_SoS_decision_Redacted.pdf:could be interpreted as being sexual or inappropriate. ./_OFFICIAL_SENSITIVE__Burston_Joe_SoS_decision_Redacted.pdf- ./_OFFICIAL_SENSITIVE__Burston_Joe_SoS_decision_Redacted.pdf-Mr Burston admitted allegation 2(f) i) – vii) in the Statement. Mr Burston submitted that ./_OFFICIAL_SENSITIVE__Burston_Joe_SoS_decision_Redacted.pdf-the pupil had low self-esteem and that he made remarks such as calling her “princess” ./_OFFICIAL_SENSITIVE__Burston_Joe_SoS_decision_Redacted.pdf-with the intention of making Pupil A feel better about herself. He stated in his Response ./_OFFICIAL_SENSITIVE__Burston_Joe_SoS_decision_Redacted.pdf-that 2. f) vii) was not to be taken seriously. Mr Burston stated that these comments were ./_OFFICIAL_SENSITIVE__Burston_Joe_SoS_decision_Redacted.pdf- ./_OFFICIAL_SENSITIVE__Burston_Joe_SoS_decision_Redacted.pdf- ./_OFFICIAL_SENSITIVE__Burston_Joe_SoS_decision_Redacted.pdf- 16 ./_OFFICIAL_SENSITIVE__Burston_Joe_SoS_decision_Redacted.pdf- -- ./_OFFICIAL_SENSITIVE__Burston_Joe_SoS_decision_Redacted.pdf:not of a sexual nature nor sexually motivated but acknowledged that the messages were ./_OFFICIAL_SENSITIVE__Burston_Joe_SoS_decision_Redacted.pdf-inappropriate in content and tone, and they crossed the professional boundary into the ./_OFFICIAL_SENSITIVE__Burston_Joe_SoS_decision_Redacted.pdf-teacher/pupil relationship, becoming inappropriate. ./_OFFICIAL_SENSITIVE__Burston_Joe_SoS_decision_Redacted.pdf- ./_OFFICIAL_SENSITIVE__Burston_Joe_SoS_decision_Redacted.pdf-In respect of allegation 2g), Mr Burston admitted in the statement and Response that he ./_OFFICIAL_SENSITIVE__Burston_Joe_SoS_decision_Redacted.pdf-sent an audio and/or video message to Pupil A as a birthday gift. Mr Burston submitted ./_OFFICIAL_SENSITIVE__Burston_Joe_SoS_decision_Redacted.pdf-that the pupil’s birthday was during lockdown and had it not been, he would have wished ./_OFFICIAL_SENSITIVE__Burston_Joe_SoS_decision_Redacted.pdf-her a happy birthday, and any other pupil, in person. ./_OFFICIAL_SENSITIVE__Burston_Joe_SoS_decision_Redacted.pdf- ./_OFFICIAL_SENSITIVE__Burston_Joe_SoS_decision_Redacted.pdf-Mr Burston admitted allegation 2(h), in both the Statement and Response. He submitted, ./_OFFICIAL_SENSITIVE__Burston_Joe_SoS_decision_Redacted.pdf-however, that the messages were not intended to be taken seriously. -- ./_OFFICIAL_SENSITIVE__Burston_Joe_SoS_decision_Redacted.pdf-Overall, the panel concluded that the contact Mr Burston had had with Pupils A, B and C, ./_OFFICIAL_SENSITIVE__Burston_Joe_SoS_decision_Redacted.pdf-demonstrated elements of building an inappropriate relationship. It reached this ./_OFFICIAL_SENSITIVE__Burston_Joe_SoS_decision_Redacted.pdf-conclusion on the basis of the extensive messages sent, over a period of time, with then ./_OFFICIAL_SENSITIVE__Burston_Joe_SoS_decision_Redacted.pdf-current pupils A, B, C, all of which were overwhelmingly unrelated to any school related ./_OFFICIAL_SENSITIVE__Burston_Joe_SoS_decision_Redacted.pdf-matter or issue. Indeed, the panel was satisfied, when viewing all the allegations and ./_OFFICIAL_SENSITIVE__Burston_Joe_SoS_decision_Redacted.pdf-evidence in totality, that Mr Burston had built inappropriate relationships Pupils A, B, C ./_OFFICIAL_SENSITIVE__Burston_Joe_SoS_decision_Redacted.pdf-and D. ./_OFFICIAL_SENSITIVE__Burston_Joe_SoS_decision_Redacted.pdf- ./_OFFICIAL_SENSITIVE__Burston_Joe_SoS_decision_Redacted.pdf-The panel found allegation 15 proven. ./_OFFICIAL_SENSITIVE__Burston_Joe_SoS_decision_Redacted.pdf- ./_OFFICIAL_SENSITIVE__Burston_Joe_SoS_decision_Redacted.pdf:16. Your conduct as set out in one or more the allegations above was sexually ./_OFFICIAL_SENSITIVE__Burston_Joe_SoS_decision_Redacted.pdf- motivated ./_OFFICIAL_SENSITIVE__Burston_Joe_SoS_decision_Redacted.pdf- ./_OFFICIAL_SENSITIVE__Burston_Joe_SoS_decision_Redacted.pdf-The panel noted that within the Statement and Response Mr Burston explicitly denied ./_OFFICIAL_SENSITIVE__Burston_Joe_SoS_decision_Redacted.pdf:allegation 16. Mr Burston asserted that the language he used was not sexual at all. He ./_OFFICIAL_SENSITIVE__Burston_Joe_SoS_decision_Redacted.pdf:submitted that the language was neither overtly nor explicitly sexual. ./_OFFICIAL_SENSITIVE__Burston_Joe_SoS_decision_Redacted.pdf- ./_OFFICIAL_SENSITIVE__Burston_Joe_SoS_decision_Redacted.pdf:The panel, however, found that there were sexual references and inferences in the ./_OFFICIAL_SENSITIVE__Burston_Joe_SoS_decision_Redacted.pdf-comments he made. The panel found such to be the case in respect of the comment ./_OFFICIAL_SENSITIVE__Burston_Joe_SoS_decision_Redacted.pdf-made to ex-Pupil D in allegation 5, the song lyrics sent to ex-Pupil D in allegation 7, the ./_OFFICIAL_SENSITIVE__Burston_Joe_SoS_decision_Redacted.pdf-request made to ex-Pupil E in allegation 11, and the heart-eyed emoji sent to ex Pupil E ./_OFFICIAL_SENSITIVE__Burston_Joe_SoS_decision_Redacted.pdf-in allegation 12. The panel was satisfied that Mr Burston’s conduct in those allegations ./_OFFICIAL_SENSITIVE__Burston_Joe_SoS_decision_Redacted.pdf:was sexually motivated. The messages were sexual in nature, as they related to sexual ./_OFFICIAL_SENSITIVE__Burston_Joe_SoS_decision_Redacted.pdf-attraction, both physical and, in the case of allegation 11, aural. The panel considered ./_OFFICIAL_SENSITIVE__Burston_Joe_SoS_decision_Redacted.pdf-what may have motivated Mr Burston to engage in such communication, including his ./_OFFICIAL_SENSITIVE__Burston_Joe_SoS_decision_Redacted.pdf-comment that it was to help with confidence or self-esteem issues or, as he stated in his ./_OFFICIAL_SENSITIVE__Burston_Joe_SoS_decision_Redacted.pdf-Contingency Document, “I just wanted to make these pupils and ex-pupils feel great”; the ./_OFFICIAL_SENSITIVE__Burston_Joe_SoS_decision_Redacted.pdf-panel was not convinced by these reasons. ./_OFFICIAL_SENSITIVE__Burston_Joe_SoS_decision_Redacted.pdf- ./_OFFICIAL_SENSITIVE__Burston_Joe_SoS_decision_Redacted.pdf-The panel was of the view that it is very difficult to justify comments of the nature made in ./_OFFICIAL_SENSITIVE__Burston_Joe_SoS_decision_Redacted.pdf-the allegations above, by a teacher to ex pupils. The panel struggled to identify any other ./_OFFICIAL_SENSITIVE__Burston_Joe_SoS_decision_Redacted.pdf-motivation for sending messages that crossed a line into being flirtatious. ./_OFFICIAL_SENSITIVE__Burston_Joe_SoS_decision_Redacted.pdf- ./_OFFICIAL_SENSITIVE__Burston_Joe_SoS_decision_Redacted.pdf-The panel concluded that in the absence of any plausible explanation the conduct in ./_OFFICIAL_SENSITIVE__Burston_Joe_SoS_decision_Redacted.pdf:allegations 5, 7, 11 and 12 was sexually motivated. ./_OFFICIAL_SENSITIVE__Burston_Joe_SoS_decision_Redacted.pdf- ./_OFFICIAL_SENSITIVE__Burston_Joe_SoS_decision_Redacted.pdf-The panel then considered its conclusions in respect to these allegations, which ./_OFFICIAL_SENSITIVE__Burston_Joe_SoS_decision_Redacted.pdf-concerned ex-Pupils D and E, against those allegations that related to pupils A, B and C. ./_OFFICIAL_SENSITIVE__Burston_Joe_SoS_decision_Redacted.pdf:In light of the sexual nature of the conduct found in respect of the former pupils, the panel ./_OFFICIAL_SENSITIVE__Burston_Joe_SoS_decision_Redacted.pdf-considered the motivation for the extensive volume of messages between Mr Burston ./_OFFICIAL_SENSITIVE__Burston_Joe_SoS_decision_Redacted.pdf-and pupils A, B and C. It paid particular attention to the inappropriate tone, content and ./_OFFICIAL_SENSITIVE__Burston_Joe_SoS_decision_Redacted.pdf- ./_OFFICIAL_SENSITIVE__Burston_Joe_SoS_decision_Redacted.pdf- 23 ./_OFFICIAL_SENSITIVE__Burston_Joe_SoS_decision_Redacted.pdf- -- ./_OFFICIAL_SENSITIVE__Burston_Joe_SoS_decision_Redacted.pdf-language, as well as emojis, used in these messages. It also noted that Mr Burston had ./_OFFICIAL_SENSITIVE__Burston_Joe_SoS_decision_Redacted.pdf-singled out three female pupils, one of whom he had no specific curriculum or pastoral ./_OFFICIAL_SENSITIVE__Burston_Joe_SoS_decision_Redacted.pdf-responsibilities for. The panel concluded that in the absence of any plausible explanation, ./_OFFICIAL_SENSITIVE__Burston_Joe_SoS_decision_Redacted.pdf:on a balance of probability, it was more likely than not that his conduct was sexually ./_OFFICIAL_SENSITIVE__Burston_Joe_SoS_decision_Redacted.pdf-motivated. ./_OFFICIAL_SENSITIVE__Burston_Joe_SoS_decision_Redacted.pdf- ./_OFFICIAL_SENSITIVE__Burston_Joe_SoS_decision_Redacted.pdf-The panel found allegation 16 proven. ./_OFFICIAL_SENSITIVE__Burston_Joe_SoS_decision_Redacted.pdf- ./_OFFICIAL_SENSITIVE__Burston_Joe_SoS_decision_Redacted.pdf-Findings as to unacceptable professional conduct and/or conduct that ./_OFFICIAL_SENSITIVE__Burston_Joe_SoS_decision_Redacted.pdf-may bring the profession into disrepute ./_OFFICIAL_SENSITIVE__Burston_Joe_SoS_decision_Redacted.pdf- ./_OFFICIAL_SENSITIVE__Burston_Joe_SoS_decision_Redacted.pdf-Having found a number of the allegations proved, the panel went on to consider whether ./_OFFICIAL_SENSITIVE__Burston_Joe_SoS_decision_Redacted.pdf-the facts of those proved allegations amounted to unacceptable professional conduct ./_OFFICIAL_SENSITIVE__Burston_Joe_SoS_decision_Redacted.pdf-and/or conduct that may bring the profession into disrepute. -- ./_OFFICIAL_SENSITIVE__Burston_Joe_SoS_decision_Redacted.pdf-effect. ./_OFFICIAL_SENSITIVE__Burston_Joe_SoS_decision_Redacted.pdf- ./_OFFICIAL_SENSITIVE__Burston_Joe_SoS_decision_Redacted.pdf-The panel had regard to the particular public interest considerations set out in the Advice ./_OFFICIAL_SENSITIVE__Burston_Joe_SoS_decision_Redacted.pdf-and, having done so, found a number of them to be relevant in this case, namely: the ./_OFFICIAL_SENSITIVE__Burston_Joe_SoS_decision_Redacted.pdf-safeguarding and wellbeing of pupils and the protection of other members of the public; ./_OFFICIAL_SENSITIVE__Burston_Joe_SoS_decision_Redacted.pdf-the maintenance of public confidence in the profession; declaring and upholding proper ./_OFFICIAL_SENSITIVE__Burston_Joe_SoS_decision_Redacted.pdf-standards of conduct; and that prohibition strikes the right balance between the rights of ./_OFFICIAL_SENSITIVE__Burston_Joe_SoS_decision_Redacted.pdf-the teacher and the public interest, if they are in conflict. ./_OFFICIAL_SENSITIVE__Burston_Joe_SoS_decision_Redacted.pdf- ./_OFFICIAL_SENSITIVE__Burston_Joe_SoS_decision_Redacted.pdf-In the light of the panel’s findings against Mr Burston, which involved failing to maintain ./_OFFICIAL_SENSITIVE__Burston_Joe_SoS_decision_Redacted.pdf:professional boundaries and conduct that was sexually motivated, there was a strong ./_OFFICIAL_SENSITIVE__Burston_Joe_SoS_decision_Redacted.pdf-public interest consideration in respect of the protection of pupils. ./_OFFICIAL_SENSITIVE__Burston_Joe_SoS_decision_Redacted.pdf- ./_OFFICIAL_SENSITIVE__Burston_Joe_SoS_decision_Redacted.pdf-Similarly, the panel considered that public confidence in the profession could be seriously ./_OFFICIAL_SENSITIVE__Burston_Joe_SoS_decision_Redacted.pdf-weakened if conduct such as that found against Mr Burston was not treated with the ./_OFFICIAL_SENSITIVE__Burston_Joe_SoS_decision_Redacted.pdf-utmost seriousness when regulating the conduct of the profession. ./_OFFICIAL_SENSITIVE__Burston_Joe_SoS_decision_Redacted.pdf- ./_OFFICIAL_SENSITIVE__Burston_Joe_SoS_decision_Redacted.pdf- ./_OFFICIAL_SENSITIVE__Burston_Joe_SoS_decision_Redacted.pdf- ./_OFFICIAL_SENSITIVE__Burston_Joe_SoS_decision_Redacted.pdf- ./_OFFICIAL_SENSITIVE__Burston_Joe_SoS_decision_Redacted.pdf- 26 -- ./_OFFICIAL_SENSITIVE__Burston_Joe_SoS_decision_Redacted.pdf- ./_OFFICIAL_SENSITIVE__Burston_Joe_SoS_decision_Redacted.pdf- • serious departure from the personal and professional conduct elements of the ./_OFFICIAL_SENSITIVE__Burston_Joe_SoS_decision_Redacted.pdf- Teachers’ Standards; ./_OFFICIAL_SENSITIVE__Burston_Joe_SoS_decision_Redacted.pdf- ./_OFFICIAL_SENSITIVE__Burston_Joe_SoS_decision_Redacted.pdf- • misconduct seriously affecting the education and/or well-being of pupils, and ./_OFFICIAL_SENSITIVE__Burston_Joe_SoS_decision_Redacted.pdf- particularly where there is a continuing risk; ./_OFFICIAL_SENSITIVE__Burston_Joe_SoS_decision_Redacted.pdf- ./_OFFICIAL_SENSITIVE__Burston_Joe_SoS_decision_Redacted.pdf- • abuse of position or trust (particularly involving pupils); ./_OFFICIAL_SENSITIVE__Burston_Joe_SoS_decision_Redacted.pdf- ./_OFFICIAL_SENSITIVE__Burston_Joe_SoS_decision_Redacted.pdf- • any abuse of any trust, knowledge or influence gained through their professional ./_OFFICIAL_SENSITIVE__Burston_Joe_SoS_decision_Redacted.pdf: position in order to advance a romantic or sexual relationship with a pupil or former ./_OFFICIAL_SENSITIVE__Burston_Joe_SoS_decision_Redacted.pdf- pupil; ./_OFFICIAL_SENSITIVE__Burston_Joe_SoS_decision_Redacted.pdf- ./_OFFICIAL_SENSITIVE__Burston_Joe_SoS_decision_Redacted.pdf-Even though the behaviour found proved in this case indicated that a prohibition order ./_OFFICIAL_SENSITIVE__Burston_Joe_SoS_decision_Redacted.pdf-would be appropriate, the panel went on to consider the mitigating factors. Mitigating ./_OFFICIAL_SENSITIVE__Burston_Joe_SoS_decision_Redacted.pdf-factors may indicate that a prohibition order would not be appropriate or proportionate. ./_OFFICIAL_SENSITIVE__Burston_Joe_SoS_decision_Redacted.pdf- ./_OFFICIAL_SENSITIVE__Burston_Joe_SoS_decision_Redacted.pdf-There was no evidence that Mr Burston’s actions were not deliberate. ./_OFFICIAL_SENSITIVE__Burston_Joe_SoS_decision_Redacted.pdf- ./_OFFICIAL_SENSITIVE__Burston_Joe_SoS_decision_Redacted.pdf-There was no evidence to suggest that Mr Burston was acting under extreme duress. ./_OFFICIAL_SENSITIVE__Burston_Joe_SoS_decision_Redacted.pdf-Whilst Mr Burston had stated in his Contingency Statement that he had felt the effects of -- ./_OFFICIAL_SENSITIVE__Burston_Joe_SoS_decision_Redacted.pdf-personal and professional conduct or has contributed significantly to the education ./_OFFICIAL_SENSITIVE__Burston_Joe_SoS_decision_Redacted.pdf-sector. Whilst Mr Burston provided five character references, these gave little information ./_OFFICIAL_SENSITIVE__Burston_Joe_SoS_decision_Redacted.pdf-about the individual providing the reference, particularly where they had worked with Mr ./_OFFICIAL_SENSITIVE__Burston_Joe_SoS_decision_Redacted.pdf-Burston and over what period of time. ./_OFFICIAL_SENSITIVE__Burston_Joe_SoS_decision_Redacted.pdf- ./_OFFICIAL_SENSITIVE__Burston_Joe_SoS_decision_Redacted.pdf-There was also little evidence before the panel that Mr Burston had shown any insight or ./_OFFICIAL_SENSITIVE__Burston_Joe_SoS_decision_Redacted.pdf-remorse into his actions. Whilst he had admitted the majority of the allegations against ./_OFFICIAL_SENSITIVE__Burston_Joe_SoS_decision_Redacted.pdf-him and that his communications with the pupils and former pupils had been ./_OFFICIAL_SENSITIVE__Burston_Joe_SoS_decision_Redacted.pdf-inappropriate and crossed professional boundaries, he failed to adequately acknowledge ./_OFFICIAL_SENSITIVE__Burston_Joe_SoS_decision_Redacted.pdf-the safeguarding concerns and breaches his actions triggered, the pattern of behaviour ./_OFFICIAL_SENSITIVE__Burston_Joe_SoS_decision_Redacted.pdf:that emerged and the sexual nature of some comments. ./_OFFICIAL_SENSITIVE__Burston_Joe_SoS_decision_Redacted.pdf- ./_OFFICIAL_SENSITIVE__Burston_Joe_SoS_decision_Redacted.pdf-The panel was of the view that, applying the standard of the ordinary intelligent citizen, it ./_OFFICIAL_SENSITIVE__Burston_Joe_SoS_decision_Redacted.pdf-would not be a proportionate and appropriate response to recommend no prohibition ./_OFFICIAL_SENSITIVE__Burston_Joe_SoS_decision_Redacted.pdf-order. Recommending that the publication of adverse findings would be sufficient would ./_OFFICIAL_SENSITIVE__Burston_Joe_SoS_decision_Redacted.pdf-unacceptably compromise the public interest considerations present in this case, despite ./_OFFICIAL_SENSITIVE__Burston_Joe_SoS_decision_Redacted.pdf-the severity of the consequences for Mr Burston of prohibition. ./_OFFICIAL_SENSITIVE__Burston_Joe_SoS_decision_Redacted.pdf- ./_OFFICIAL_SENSITIVE__Burston_Joe_SoS_decision_Redacted.pdf-The panel was of the view that prohibition was both proportionate and appropriate. The ./_OFFICIAL_SENSITIVE__Burston_Joe_SoS_decision_Redacted.pdf-panel decided that the public interest considerations outweighed the interests of Mr ./_OFFICIAL_SENSITIVE__Burston_Joe_SoS_decision_Redacted.pdf-Burston. -- ./_OFFICIAL_SENSITIVE__Burston_Joe_SoS_decision_Redacted.pdf-Accordingly, the panel made a recommendation to the Secretary of State that a ./_OFFICIAL_SENSITIVE__Burston_Joe_SoS_decision_Redacted.pdf-prohibition order should be imposed with immediate effect. ./_OFFICIAL_SENSITIVE__Burston_Joe_SoS_decision_Redacted.pdf- ./_OFFICIAL_SENSITIVE__Burston_Joe_SoS_decision_Redacted.pdf-The panel went on to consider whether or not it would be appropriate for it to decide to ./_OFFICIAL_SENSITIVE__Burston_Joe_SoS_decision_Redacted.pdf-recommend a review period of the order. The panel was mindful that the Advice states ./_OFFICIAL_SENSITIVE__Burston_Joe_SoS_decision_Redacted.pdf-that a prohibition order applies for life, but there may be circumstances, in any given ./_OFFICIAL_SENSITIVE__Burston_Joe_SoS_decision_Redacted.pdf-case, that may make it appropriate to allow a teacher to apply to have the prohibition ./_OFFICIAL_SENSITIVE__Burston_Joe_SoS_decision_Redacted.pdf-order reviewed after a specified period of time that may not be less than 2 years. ./_OFFICIAL_SENSITIVE__Burston_Joe_SoS_decision_Redacted.pdf- ./_OFFICIAL_SENSITIVE__Burston_Joe_SoS_decision_Redacted.pdf-The Advice indicates that there are behaviours that, if proved, would militate against the ./_OFFICIAL_SENSITIVE__Burston_Joe_SoS_decision_Redacted.pdf:recommendation of a review period. These behaviours include serious sexual ./_OFFICIAL_SENSITIVE__Burston_Joe_SoS_decision_Redacted.pdf:misconduct, such as where the act was sexually motivated and resulted in, or had the ./_OFFICIAL_SENSITIVE__Burston_Joe_SoS_decision_Redacted.pdf- ./_OFFICIAL_SENSITIVE__Burston_Joe_SoS_decision_Redacted.pdf- ./_OFFICIAL_SENSITIVE__Burston_Joe_SoS_decision_Redacted.pdf- ./_OFFICIAL_SENSITIVE__Burston_Joe_SoS_decision_Redacted.pdf- 28 ./_OFFICIAL_SENSITIVE__Burston_Joe_SoS_decision_Redacted.pdf- -- ./_OFFICIAL_SENSITIVE__Burston_Joe_SoS_decision_Redacted.pdf- practices of the school in which they teach. ./_OFFICIAL_SENSITIVE__Burston_Joe_SoS_decision_Redacted.pdf- ./_OFFICIAL_SENSITIVE__Burston_Joe_SoS_decision_Redacted.pdf- • Teachers must have an understanding of, and always act within, the statutory ./_OFFICIAL_SENSITIVE__Burston_Joe_SoS_decision_Redacted.pdf- frameworks which set out their professional duties and responsibilities. ./_OFFICIAL_SENSITIVE__Burston_Joe_SoS_decision_Redacted.pdf- ./_OFFICIAL_SENSITIVE__Burston_Joe_SoS_decision_Redacted.pdf-The panel finds that the conduct of Mr Burston fell significantly short of the standards ./_OFFICIAL_SENSITIVE__Burston_Joe_SoS_decision_Redacted.pdf-expected of the profession. ./_OFFICIAL_SENSITIVE__Burston_Joe_SoS_decision_Redacted.pdf- ./_OFFICIAL_SENSITIVE__Burston_Joe_SoS_decision_Redacted.pdf-The findings of misconduct are particularly serious as they include a finding which ./_OFFICIAL_SENSITIVE__Burston_Joe_SoS_decision_Redacted.pdf-involved failing to maintain professional boundaries with pupils, conduct found to be ./_OFFICIAL_SENSITIVE__Burston_Joe_SoS_decision_Redacted.pdf:sexually motivated. ./_OFFICIAL_SENSITIVE__Burston_Joe_SoS_decision_Redacted.pdf- ./_OFFICIAL_SENSITIVE__Burston_Joe_SoS_decision_Redacted.pdf- ./_OFFICIAL_SENSITIVE__Burston_Joe_SoS_decision_Redacted.pdf- ./_OFFICIAL_SENSITIVE__Burston_Joe_SoS_decision_Redacted.pdf- ./_OFFICIAL_SENSITIVE__Burston_Joe_SoS_decision_Redacted.pdf- 30 ./_OFFICIAL_SENSITIVE__Burston_Joe_SoS_decision_Redacted.pdf- -- ./_OFFICIAL_SENSITIVE__Burston_Joe_SoS_decision_Redacted.pdf-achieve that aim taking into account the impact that it will have on the individual teacher. ./_OFFICIAL_SENSITIVE__Burston_Joe_SoS_decision_Redacted.pdf-I have also asked myself, whether a less intrusive measure, such as the published ./_OFFICIAL_SENSITIVE__Burston_Joe_SoS_decision_Redacted.pdf-finding of unacceptable professional conduct and conduct that may bring the profession ./_OFFICIAL_SENSITIVE__Burston_Joe_SoS_decision_Redacted.pdf-into disrepute, would itself be sufficient to achieve the overall aim. I have to consider ./_OFFICIAL_SENSITIVE__Burston_Joe_SoS_decision_Redacted.pdf-whether the consequences of such a publication are themselves sufficient. I have ./_OFFICIAL_SENSITIVE__Burston_Joe_SoS_decision_Redacted.pdf-considered therefore whether or not prohibiting Mr Burston, and the impact that will have ./_OFFICIAL_SENSITIVE__Burston_Joe_SoS_decision_Redacted.pdf-on the teacher, is proportionate and in the public interest. ./_OFFICIAL_SENSITIVE__Burston_Joe_SoS_decision_Redacted.pdf- ./_OFFICIAL_SENSITIVE__Burston_Joe_SoS_decision_Redacted.pdf-In this case, I have considered the extent to which a prohibition order would protect ./_OFFICIAL_SENSITIVE__Burston_Joe_SoS_decision_Redacted.pdf-pupils. The panel has observed, “In the light of the panel’s findings against Mr Burston, ./_OFFICIAL_SENSITIVE__Burston_Joe_SoS_decision_Redacted.pdf:which involved failing to maintain professional boundaries and conduct that was sexually ./_OFFICIAL_SENSITIVE__Burston_Joe_SoS_decision_Redacted.pdf-motivated, there was a strong public interest consideration in respect of the protection of ./_OFFICIAL_SENSITIVE__Burston_Joe_SoS_decision_Redacted.pdf-pupils.” A prohibition order would therefore prevent such a risk from being present in the ./_OFFICIAL_SENSITIVE__Burston_Joe_SoS_decision_Redacted.pdf-future. ./_OFFICIAL_SENSITIVE__Burston_Joe_SoS_decision_Redacted.pdf- ./_OFFICIAL_SENSITIVE__Burston_Joe_SoS_decision_Redacted.pdf-I have also taken into account the panel’s comments on insight and remorse, which the ./_OFFICIAL_SENSITIVE__Burston_Joe_SoS_decision_Redacted.pdf-panel sets out as follows, “There was also little evidence before the panel that Mr Burston ./_OFFICIAL_SENSITIVE__Burston_Joe_SoS_decision_Redacted.pdf-had shown any insight or remorse into his actions. Whilst he had admitted the majority of ./_OFFICIAL_SENSITIVE__Burston_Joe_SoS_decision_Redacted.pdf-the allegations against him and that his communications with the pupils and former pupils ./_OFFICIAL_SENSITIVE__Burston_Joe_SoS_decision_Redacted.pdf-had been inappropriate and crossed professional boundaries, he failed to adequately ./_OFFICIAL_SENSITIVE__Burston_Joe_SoS_decision_Redacted.pdf-acknowledge the safeguarding concerns and breaches his actions triggered, the pattern ./_OFFICIAL_SENSITIVE__Burston_Joe_SoS_decision_Redacted.pdf:of behaviour that emerged and the sexual nature of some comments.” In my judgement, ./_OFFICIAL_SENSITIVE__Burston_Joe_SoS_decision_Redacted.pdf-the lack of insight or remorse means that there is some risk of the repetition of this ./_OFFICIAL_SENSITIVE__Burston_Joe_SoS_decision_Redacted.pdf-behaviour and this puts at risk the future wellbeing of pupils’. I have therefore given this ./_OFFICIAL_SENSITIVE__Burston_Joe_SoS_decision_Redacted.pdf-element considerable weight in reaching my decision. ./_OFFICIAL_SENSITIVE__Burston_Joe_SoS_decision_Redacted.pdf- ./_OFFICIAL_SENSITIVE__Burston_Joe_SoS_decision_Redacted.pdf-I have gone on to consider the extent to which a prohibition order would maintain public ./_OFFICIAL_SENSITIVE__Burston_Joe_SoS_decision_Redacted.pdf-confidence in the profession. The panel observe, “the panel considered that public ./_OFFICIAL_SENSITIVE__Burston_Joe_SoS_decision_Redacted.pdf-confidence in the profession could be seriously weakened if conduct such as that found ./_OFFICIAL_SENSITIVE__Burston_Joe_SoS_decision_Redacted.pdf-against Mr Burston was not treated with the utmost seriousness when regulating the ./_OFFICIAL_SENSITIVE__Burston_Joe_SoS_decision_Redacted.pdf:conduct of the profession.” I am particularly mindful of the finding of sexually motivated ./_OFFICIAL_SENSITIVE__Burston_Joe_SoS_decision_Redacted.pdf-conduct in this case and the impact that such a finding has on the reputation of the ./_OFFICIAL_SENSITIVE__Burston_Joe_SoS_decision_Redacted.pdf-profession. ./_OFFICIAL_SENSITIVE__Burston_Joe_SoS_decision_Redacted.pdf- ./_OFFICIAL_SENSITIVE__Burston_Joe_SoS_decision_Redacted.pdf-I have had to consider that the public has a high expectation of professional standards of ./_OFFICIAL_SENSITIVE__Burston_Joe_SoS_decision_Redacted.pdf-all teachers and that the public might regard a failure to impose a prohibition order as a ./_OFFICIAL_SENSITIVE__Burston_Joe_SoS_decision_Redacted.pdf-failure to uphold those high standards. In weighing these considerations, I have had to ./_OFFICIAL_SENSITIVE__Burston_Joe_SoS_decision_Redacted.pdf-consider the matter from the point of view of an “ordinary intelligent and well-informed ./_OFFICIAL_SENSITIVE__Burston_Joe_SoS_decision_Redacted.pdf-citizen.” ./_OFFICIAL_SENSITIVE__Burston_Joe_SoS_decision_Redacted.pdf- ./_OFFICIAL_SENSITIVE__Burston_Joe_SoS_decision_Redacted.pdf- ./_OFFICIAL_SENSITIVE__Cooper_Gemma_SoS_decision_redacted.pdf-1. She engaged in and/or developed an inappropriate relationship with Pupil A, whom ./_OFFICIAL_SENSITIVE__Cooper_Gemma_SoS_decision_redacted.pdf- she had known whilst he was a pupil at the School, after he left the School in or ./_OFFICIAL_SENSITIVE__Cooper_Gemma_SoS_decision_redacted.pdf- around July 2016, by; ./_OFFICIAL_SENSITIVE__Cooper_Gemma_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Cooper_Gemma_SoS_decision_redacted.pdf- (i) Accepting him as a ‘friend’ on Facebook; ./_OFFICIAL_SENSITIVE__Cooper_Gemma_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Cooper_Gemma_SoS_decision_redacted.pdf- (ii) Exchanging one or more inappropriate and/or explicit messages with him; and ./_OFFICIAL_SENSITIVE__Cooper_Gemma_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Cooper_Gemma_SoS_decision_redacted.pdf- (iii) Sending one or more inappropriate image(s) of herself to him. ./_OFFICIAL_SENSITIVE__Cooper_Gemma_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Cooper_Gemma_SoS_decision_redacted.pdf:2. Her conduct as may be found proven at allegation 1, above, was conduct of a sexual ./_OFFICIAL_SENSITIVE__Cooper_Gemma_SoS_decision_redacted.pdf: nature and/or sexually motivated. ./_OFFICIAL_SENSITIVE__Cooper_Gemma_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Cooper_Gemma_SoS_decision_redacted.pdf-3. She demonstrated a lack of integrity in that she instructed and/or requested Pupil A ./_OFFICIAL_SENSITIVE__Cooper_Gemma_SoS_decision_redacted.pdf- to delete evidence of her contact with him. ./_OFFICIAL_SENSITIVE__Cooper_Gemma_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Cooper_Gemma_SoS_decision_redacted.pdf-Ms Cooper admitted the facts of allegations 1 to 3 and that her behaviour amounted to ./_OFFICIAL_SENSITIVE__Cooper_Gemma_SoS_decision_redacted.pdf-unacceptable professional conduct and/or conduct that may bring the profession into ./_OFFICIAL_SENSITIVE__Cooper_Gemma_SoS_decision_redacted.pdf-disrepute falling short of the standards of behaviour expected of a teacher, as set out in ./_OFFICIAL_SENSITIVE__Cooper_Gemma_SoS_decision_redacted.pdf-the statement of agreed facts signed by Ms Cooper on 27 March 2021. ./_OFFICIAL_SENSITIVE__Cooper_Gemma_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Cooper_Gemma_SoS_decision_redacted.pdf- -- ./_OFFICIAL_SENSITIVE__Cooper_Gemma_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Cooper_Gemma_SoS_decision_redacted.pdf-In advance of the meeting, the TRA agreed to a request from Ms Cooper for the ./_OFFICIAL_SENSITIVE__Cooper_Gemma_SoS_decision_redacted.pdf-allegations to be considered without a hearing. The panel had the ability to direct that the ./_OFFICIAL_SENSITIVE__Cooper_Gemma_SoS_decision_redacted.pdf-case be considered at a hearing if required in the interests of justice or in the public ./_OFFICIAL_SENSITIVE__Cooper_Gemma_SoS_decision_redacted.pdf-interest. The panel did not determine that such a direction was necessary or appropriate ./_OFFICIAL_SENSITIVE__Cooper_Gemma_SoS_decision_redacted.pdf-in this case. ./_OFFICIAL_SENSITIVE__Cooper_Gemma_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Cooper_Gemma_SoS_decision_redacted.pdf-Ms Cooper commenced employment as an English teacher at Notre Dame High School ./_OFFICIAL_SENSITIVE__Cooper_Gemma_SoS_decision_redacted.pdf-(‘the School’) on 1 September 2006. ./_OFFICIAL_SENSITIVE__Cooper_Gemma_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Cooper_Gemma_SoS_decision_redacted.pdf:On 4 September 2018, Ms Cooper was arrested for alleged ‘sexual offences’ in relation ./_OFFICIAL_SENSITIVE__Cooper_Gemma_SoS_decision_redacted.pdf-to her conduct with Pupil A. ./_OFFICIAL_SENSITIVE__Cooper_Gemma_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Cooper_Gemma_SoS_decision_redacted.pdf-In February 2019, the police finished their investigation and the School began their ./_OFFICIAL_SENSITIVE__Cooper_Gemma_SoS_decision_redacted.pdf-internal investigation. The police investigation concluded with a final decision that they ./_OFFICIAL_SENSITIVE__Cooper_Gemma_SoS_decision_redacted.pdf-were unable to confirm if a crime had been committed. ./_OFFICIAL_SENSITIVE__Cooper_Gemma_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Cooper_Gemma_SoS_decision_redacted.pdf-On 11 July 2019, a disciplinary hearing took place and it was decided that Ms Cooper ./_OFFICIAL_SENSITIVE__Cooper_Gemma_SoS_decision_redacted.pdf-should be summarily dismissed. ./_OFFICIAL_SENSITIVE__Cooper_Gemma_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Cooper_Gemma_SoS_decision_redacted.pdf- -- ./_OFFICIAL_SENSITIVE__Cooper_Gemma_SoS_decision_redacted.pdf-Ms Cooper admitted that she engaged and developed an inappropriate relationship with ./_OFFICIAL_SENSITIVE__Cooper_Gemma_SoS_decision_redacted.pdf-Pupil A. It was further accepted that Ms Cooper knew Pupil A from his attendance as a ./_OFFICIAL_SENSITIVE__Cooper_Gemma_SoS_decision_redacted.pdf-student at the School. Ms Cooper taught Pupil A English. ./_OFFICIAL_SENSITIVE__Cooper_Gemma_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Cooper_Gemma_SoS_decision_redacted.pdf-Ms Cooper admitted that she accepted Pupil A as a ‘friend’ on Facebook and their ./_OFFICIAL_SENSITIVE__Cooper_Gemma_SoS_decision_redacted.pdf-conversations dated back to December 2017. Ms Cooper admitted that after Pupil A left ./_OFFICIAL_SENSITIVE__Cooper_Gemma_SoS_decision_redacted.pdf-the School in July 2016, she exchanged inappropriate and explicit messages with him ./_OFFICIAL_SENSITIVE__Cooper_Gemma_SoS_decision_redacted.pdf-and though the panel has not seen the content of those, it has been provided with a ./_OFFICIAL_SENSITIVE__Cooper_Gemma_SoS_decision_redacted.pdf-description of them. Ms Cooper further admitted that the messages included sending one ./_OFFICIAL_SENSITIVE__Cooper_Gemma_SoS_decision_redacted.pdf-or more inappropriate images of herself to him exposing her breasts. Pupil A was ./_OFFICIAL_SENSITIVE__Cooper_Gemma_SoS_decision_redacted.pdf:attending a sixth-form college elsewhere at the time and denied any sexual relationship ./_OFFICIAL_SENSITIVE__Cooper_Gemma_SoS_decision_redacted.pdf-with Ms Cooper. ./_OFFICIAL_SENSITIVE__Cooper_Gemma_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Cooper_Gemma_SoS_decision_redacted.pdf-Ms Cooper admitted that her conduct was inappropriate in that she had previously taught ./_OFFICIAL_SENSITIVE__Cooper_Gemma_SoS_decision_redacted.pdf-Pupil A whilst he was a student at the School. She accepts she held a position of trust as ./_OFFICIAL_SENSITIVE__Cooper_Gemma_SoS_decision_redacted.pdf-his teacher and should not have engaged in such communications with him. ./_OFFICIAL_SENSITIVE__Cooper_Gemma_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Cooper_Gemma_SoS_decision_redacted.pdf-In a letter to the presenting officer, dated 10 January 2020, Ms Cooper stated that she ./_OFFICIAL_SENSITIVE__Cooper_Gemma_SoS_decision_redacted.pdf-accepted Pupil A’s request to become ‘friends’ on Facebook but it is not clear to the ./_OFFICIAL_SENSITIVE__Cooper_Gemma_SoS_decision_redacted.pdf-panel when this occurred. Ms Cooper submitted that she had never requested friendship ./_OFFICIAL_SENSITIVE__Cooper_Gemma_SoS_decision_redacted.pdf-from an ex-student but has accepted requests, after students have left school, if she -- ./_OFFICIAL_SENSITIVE__Cooper_Gemma_SoS_decision_redacted.pdf-knew them from teaching and where there had been a positive student-teacher ./_OFFICIAL_SENSITIVE__Cooper_Gemma_SoS_decision_redacted.pdf-relationship. ./_OFFICIAL_SENSITIVE__Cooper_Gemma_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Cooper_Gemma_SoS_decision_redacted.pdf-Ms Cooper further stated that, long after Pupil A had left the School, he began to send ./_OFFICIAL_SENSITIVE__Cooper_Gemma_SoS_decision_redacted.pdf-Ms Cooper messages of a polite yet friendly nature. Over a period of a few weeks, Ms ./_OFFICIAL_SENSITIVE__Cooper_Gemma_SoS_decision_redacted.pdf-Cooper believed the messages became more personal and flattering and around ./_OFFICIAL_SENSITIVE__Cooper_Gemma_SoS_decision_redacted.pdf:December 2018, Pupil A began sending sexualised messages; Ms Cooper admitted that ./_OFFICIAL_SENSITIVE__Cooper_Gemma_SoS_decision_redacted.pdf-she responded in a similar tone. Ms Cooper submitted that the messages quickly ./_OFFICIAL_SENSITIVE__Cooper_Gemma_SoS_decision_redacted.pdf-became out of hand and she asked Pupil A to delete the messages. Ms Cooper admitted ./_OFFICIAL_SENSITIVE__Cooper_Gemma_SoS_decision_redacted.pdf-that her behaviour had shown “awful judgement” but stated that she was not aware at ./_OFFICIAL_SENSITIVE__Cooper_Gemma_SoS_decision_redacted.pdf-that point that Pupil A was under 18 years old. ./_OFFICIAL_SENSITIVE__Cooper_Gemma_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Cooper_Gemma_SoS_decision_redacted.pdf-The panel found allegation 1(i), 1(ii) and 1(iii) proven. ./_OFFICIAL_SENSITIVE__Cooper_Gemma_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Cooper_Gemma_SoS_decision_redacted.pdf-2. Your conduct as may be found proven at allegation 1, above, was conduct of a ./_OFFICIAL_SENSITIVE__Cooper_Gemma_SoS_decision_redacted.pdf: sexual nature and/or sexually motivated. ./_OFFICIAL_SENSITIVE__Cooper_Gemma_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Cooper_Gemma_SoS_decision_redacted.pdf-Having found allegations 1(i), 1(ii) and 1(iii) proven, the panel went on to consider ./_OFFICIAL_SENSITIVE__Cooper_Gemma_SoS_decision_redacted.pdf:whether Ms Cooper’s conduct was conduct of a sexual nature and/or was sexually ./_OFFICIAL_SENSITIVE__Cooper_Gemma_SoS_decision_redacted.pdf-motivated. The panel noted that Ms Cooper had admitted the facts of allegation 2, as set ./_OFFICIAL_SENSITIVE__Cooper_Gemma_SoS_decision_redacted.pdf-out in the statement of agreed facts, signed by Ms Cooper on 27 March 2021. ./_OFFICIAL_SENSITIVE__Cooper_Gemma_SoS_decision_redacted.pdf-Notwithstanding this, the panel made a determination based on the evidence available to ./_OFFICIAL_SENSITIVE__Cooper_Gemma_SoS_decision_redacted.pdf-it. ./_OFFICIAL_SENSITIVE__Cooper_Gemma_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Cooper_Gemma_SoS_decision_redacted.pdf-Ms Cooper submitted that, whilst her admissions to allegation 1(i), (ii) and (iii) show that ./_OFFICIAL_SENSITIVE__Cooper_Gemma_SoS_decision_redacted.pdf:online content of a sexual nature was exchanged, no physical sexual contact ever took ./_OFFICIAL_SENSITIVE__Cooper_Gemma_SoS_decision_redacted.pdf-place. Ms Cooper admitted that her conduct, outlined in allegation 1 above, was conduct ./_OFFICIAL_SENSITIVE__Cooper_Gemma_SoS_decision_redacted.pdf:of a sexual nature and was sexually motivated. ./_OFFICIAL_SENSITIVE__Cooper_Gemma_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Cooper_Gemma_SoS_decision_redacted.pdf-The panel’s attention was drawn to section 78 Sexual Offences Act 2003 and to the ./_OFFICIAL_SENSITIVE__Cooper_Gemma_SoS_decision_redacted.pdf-cases of Sait v The General Medical Council [2018], Basson v General Medical Council ./_OFFICIAL_SENSITIVE__Cooper_Gemma_SoS_decision_redacted.pdf-[2018] and The General Medical Counsel v Haris [2020] EWHC 2518. ./_OFFICIAL_SENSITIVE__Cooper_Gemma_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Cooper_Gemma_SoS_decision_redacted.pdf:The panel considered whether the conduct was sexually motivated. It noted that in ./_OFFICIAL_SENSITIVE__Cooper_Gemma_SoS_decision_redacted.pdf:Basson it was stated that “A sexual motive means that the conduct was done either in ./_OFFICIAL_SENSITIVE__Cooper_Gemma_SoS_decision_redacted.pdf:pursuit of sexual gratification or in pursuit of a sexual relationship”. The panel accepted ./_OFFICIAL_SENSITIVE__Cooper_Gemma_SoS_decision_redacted.pdf-Ms Cooper’s admissions and concluded that whilst it had not seen the messages ./_OFFICIAL_SENSITIVE__Cooper_Gemma_SoS_decision_redacted.pdf-exchanged, they had been provided with a description of them which included the fact ./_OFFICIAL_SENSITIVE__Cooper_Gemma_SoS_decision_redacted.pdf-that a topless photo was sent by Ms Cooper to Pupil A. Ms Cooper accepts that these ./_OFFICIAL_SENSITIVE__Cooper_Gemma_SoS_decision_redacted.pdf-are messages which she should not have sent. She further recognised that these were ./_OFFICIAL_SENSITIVE__Cooper_Gemma_SoS_decision_redacted.pdf-inappropriate because she subsequently asked Pupil A to delete these messages and ./_OFFICIAL_SENSITIVE__Cooper_Gemma_SoS_decision_redacted.pdf-commented in a message to him that she could lose her job. This demonstrated to the ./_OFFICIAL_SENSITIVE__Cooper_Gemma_SoS_decision_redacted.pdf-panel that she was well aware at the time she exchanged these messages, that her ./_OFFICIAL_SENSITIVE__Cooper_Gemma_SoS_decision_redacted.pdf-behaviour was wrong. ./_OFFICIAL_SENSITIVE__Cooper_Gemma_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Cooper_Gemma_SoS_decision_redacted.pdf- -- ./_OFFICIAL_SENSITIVE__Cooper_Gemma_SoS_decision_redacted.pdf-standards expected of the profession. The panel noted that Ms Cooper herself accepted ./_OFFICIAL_SENSITIVE__Cooper_Gemma_SoS_decision_redacted.pdf-in her statement that “…I know beyond all doubt that I was wrong”. ./_OFFICIAL_SENSITIVE__Cooper_Gemma_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Cooper_Gemma_SoS_decision_redacted.pdf-The panel also considered whether Ms Cooper’s conduct displayed behaviours ./_OFFICIAL_SENSITIVE__Cooper_Gemma_SoS_decision_redacted.pdf-associated with any of the offences listed on pages 12 and 13 of the Advice. ./_OFFICIAL_SENSITIVE__Cooper_Gemma_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Cooper_Gemma_SoS_decision_redacted.pdf-There has not been a conviction in this case, however the Advice states that where a ./_OFFICIAL_SENSITIVE__Cooper_Gemma_SoS_decision_redacted.pdf-teacher has been found by a panel to have displayed behaviours associated with any of ./_OFFICIAL_SENSITIVE__Cooper_Gemma_SoS_decision_redacted.pdf-the offence types shown in the list on page 12, but was not convicted of a relevant ./_OFFICIAL_SENSITIVE__Cooper_Gemma_SoS_decision_redacted.pdf-offence, a panel is likely to conclude that those behaviours would amount to ./_OFFICIAL_SENSITIVE__Cooper_Gemma_SoS_decision_redacted.pdf:“unacceptable professional conduct”. The panel found that the offence of sexual activity / ./_OFFICIAL_SENSITIVE__Cooper_Gemma_SoS_decision_redacted.pdf:sexual communication with a child was relevant. ./_OFFICIAL_SENSITIVE__Cooper_Gemma_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Cooper_Gemma_SoS_decision_redacted.pdf-The Advice indicates that where behaviours associated with such an offence exist, a ./_OFFICIAL_SENSITIVE__Cooper_Gemma_SoS_decision_redacted.pdf-panel is more likely to conclude that an individual’s conduct would amount to ./_OFFICIAL_SENSITIVE__Cooper_Gemma_SoS_decision_redacted.pdf-unacceptable professional conduct. ./_OFFICIAL_SENSITIVE__Cooper_Gemma_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Cooper_Gemma_SoS_decision_redacted.pdf-The panel noted that the allegations took place outside the education setting in that Ms ./_OFFICIAL_SENSITIVE__Cooper_Gemma_SoS_decision_redacted.pdf-Cooper was communicating with Pupil A via social media after he had left the School but ./_OFFICIAL_SENSITIVE__Cooper_Gemma_SoS_decision_redacted.pdf-whilst still in an educational setting. However, the panel believed this touched upon Ms ./_OFFICIAL_SENSITIVE__Cooper_Gemma_SoS_decision_redacted.pdf-Cooper’s profession as a teacher, as Pupil A was an ex-pupil of Ms Cooper’s and she ./_OFFICIAL_SENSITIVE__Cooper_Gemma_SoS_decision_redacted.pdf-was in a position of responsibility and trust. These offences were further compounded by -- ./_OFFICIAL_SENSITIVE__Cooper_Gemma_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Cooper_Gemma_SoS_decision_redacted.pdf- • serious departure from the personal and professional conduct elements of the ./_OFFICIAL_SENSITIVE__Cooper_Gemma_SoS_decision_redacted.pdf- Teachers’ Standards; ./_OFFICIAL_SENSITIVE__Cooper_Gemma_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Cooper_Gemma_SoS_decision_redacted.pdf- • misconduct seriously affecting the education and/or well-being of pupils, and ./_OFFICIAL_SENSITIVE__Cooper_Gemma_SoS_decision_redacted.pdf- particularly where there is a continuing risk; ./_OFFICIAL_SENSITIVE__Cooper_Gemma_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Cooper_Gemma_SoS_decision_redacted.pdf- • abuse of position or trust (particularly involving pupils); ./_OFFICIAL_SENSITIVE__Cooper_Gemma_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Cooper_Gemma_SoS_decision_redacted.pdf- • any abuse of any trust, knowledge or influence grained through their professional ./_OFFICIAL_SENSITIVE__Cooper_Gemma_SoS_decision_redacted.pdf: position in order to advance a romantic or sexual relationship with a pupil or former ./_OFFICIAL_SENSITIVE__Cooper_Gemma_SoS_decision_redacted.pdf- pupil; ./_OFFICIAL_SENSITIVE__Cooper_Gemma_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Cooper_Gemma_SoS_decision_redacted.pdf: • sexual misconduct, for example, involving actions that were sexually motivated or ./_OFFICIAL_SENSITIVE__Cooper_Gemma_SoS_decision_redacted.pdf: of a sexual nature and/or that use or exploit the trust, knowledge or influence ./_OFFICIAL_SENSITIVE__Cooper_Gemma_SoS_decision_redacted.pdf- derived from the individual’s professional position; ./_OFFICIAL_SENSITIVE__Cooper_Gemma_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Cooper_Gemma_SoS_decision_redacted.pdf- • violating of the rights of pupils; ./_OFFICIAL_SENSITIVE__Cooper_Gemma_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Cooper_Gemma_SoS_decision_redacted.pdf- • …other deliberate behaviour that undermines pupils, the profession, the school or ./_OFFICIAL_SENSITIVE__Cooper_Gemma_SoS_decision_redacted.pdf- colleagues; ./_OFFICIAL_SENSITIVE__Cooper_Gemma_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Cooper_Gemma_SoS_decision_redacted.pdf- • dishonesty or a lack of integrity, including the deliberate concealment of their ./_OFFICIAL_SENSITIVE__Cooper_Gemma_SoS_decision_redacted.pdf- actions or purposeful destruction of evidence, especially where these behaviours ./_OFFICIAL_SENSITIVE__Cooper_Gemma_SoS_decision_redacted.pdf- have been repeated or had serious consequences, or involved the coercion of -- ./_OFFICIAL_SENSITIVE__Cooper_Gemma_SoS_decision_redacted.pdf-Cooper. In reaching this decision, the panel noted that the seriousness of the offences ./_OFFICIAL_SENSITIVE__Cooper_Gemma_SoS_decision_redacted.pdf:(which were sexual in nature), the position of trust she was in, and the subsequent effort ./_OFFICIAL_SENSITIVE__Cooper_Gemma_SoS_decision_redacted.pdf-to delete evidence of them were significant factors in forming that opinion. Accordingly, ./_OFFICIAL_SENSITIVE__Cooper_Gemma_SoS_decision_redacted.pdf-the panel made a recommendation to the Secretary of State that a prohibition order ./_OFFICIAL_SENSITIVE__Cooper_Gemma_SoS_decision_redacted.pdf-should be imposed with immediate effect. ./_OFFICIAL_SENSITIVE__Cooper_Gemma_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Cooper_Gemma_SoS_decision_redacted.pdf-The panel went on to consider whether or not it would be appropriate to recommend that ./_OFFICIAL_SENSITIVE__Cooper_Gemma_SoS_decision_redacted.pdf-a review period of the order should be considered. The panel was mindful that the Advice ./_OFFICIAL_SENSITIVE__Cooper_Gemma_SoS_decision_redacted.pdf-states that a prohibition order applies for life, but there may be circumstances, in any ./_OFFICIAL_SENSITIVE__Cooper_Gemma_SoS_decision_redacted.pdf-given case, that may make it appropriate to allow a teacher to apply to have the ./_OFFICIAL_SENSITIVE__Cooper_Gemma_SoS_decision_redacted.pdf-prohibition order reviewed after a specified period of time that may not be less than 2 ./_OFFICIAL_SENSITIVE__Cooper_Gemma_SoS_decision_redacted.pdf-years. ./_OFFICIAL_SENSITIVE__Cooper_Gemma_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Cooper_Gemma_SoS_decision_redacted.pdf-The Advice indicates that there are behaviours that, if proved, would militate against the ./_OFFICIAL_SENSITIVE__Cooper_Gemma_SoS_decision_redacted.pdf:recommendation of a review period. These behaviours include serious sexual ./_OFFICIAL_SENSITIVE__Cooper_Gemma_SoS_decision_redacted.pdf:misconduct, such as where the act was sexually motivated and resulted in, or had the ./_OFFICIAL_SENSITIVE__Cooper_Gemma_SoS_decision_redacted.pdf-potential to result in, harm to a person or persons, particularly where the individual has ./_OFFICIAL_SENSITIVE__Cooper_Gemma_SoS_decision_redacted.pdf:used her professional position to influence or exploit a person or persons / any sexual ./_OFFICIAL_SENSITIVE__Cooper_Gemma_SoS_decision_redacted.pdf-misconduct involving a child. The panel found that Ms Cooper was responsible for ./_OFFICIAL_SENSITIVE__Cooper_Gemma_SoS_decision_redacted.pdf-engaging in and/or developing an inappropriate relationship with Pupil A which was of a ./_OFFICIAL_SENSITIVE__Cooper_Gemma_SoS_decision_redacted.pdf:sexual nature/and or sexually motivated. ./_OFFICIAL_SENSITIVE__Cooper_Gemma_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Cooper_Gemma_SoS_decision_redacted.pdf-The Advice also indicates that there are behaviours that, if proved, would have greater ./_OFFICIAL_SENSITIVE__Cooper_Gemma_SoS_decision_redacted.pdf-relevance and weigh in favour of a longer review period. The panel found that Ms Cooper ./_OFFICIAL_SENSITIVE__Cooper_Gemma_SoS_decision_redacted.pdf-was not responsible for any such behaviours. ./_OFFICIAL_SENSITIVE__Cooper_Gemma_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Cooper_Gemma_SoS_decision_redacted.pdf-The panel decided that the findings indicated a situation in which a review period would ./_OFFICIAL_SENSITIVE__Cooper_Gemma_SoS_decision_redacted.pdf-be appropriate and, as such, decided that it would be proportionate in all the ./_OFFICIAL_SENSITIVE__Cooper_Gemma_SoS_decision_redacted.pdf-circumstances for the prohibition order to be recommended with provisions for a review ./_OFFICIAL_SENSITIVE__Cooper_Gemma_SoS_decision_redacted.pdf-period of 2 years. ./_OFFICIAL_SENSITIVE__Cooper_Gemma_SoS_decision_redacted.pdf- -- ./_OFFICIAL_SENSITIVE__Cooper_Gemma_SoS_decision_redacted.pdf- • Teachers must have proper and professional regard for the ethos, policies and ./_OFFICIAL_SENSITIVE__Cooper_Gemma_SoS_decision_redacted.pdf- practices of the school in which they teach. ./_OFFICIAL_SENSITIVE__Cooper_Gemma_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Cooper_Gemma_SoS_decision_redacted.pdf- • Teachers must have an understanding of, and always act within, the statutory ./_OFFICIAL_SENSITIVE__Cooper_Gemma_SoS_decision_redacted.pdf- frameworks which set out their professional duties and responsibilities. ./_OFFICIAL_SENSITIVE__Cooper_Gemma_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Cooper_Gemma_SoS_decision_redacted.pdf-The panel was also, “satisfied that the conduct of Ms Cooper fell significantly short of the ./_OFFICIAL_SENSITIVE__Cooper_Gemma_SoS_decision_redacted.pdf-standards expected of the profession. The panel noted that Ms Cooper herself accepted ./_OFFICIAL_SENSITIVE__Cooper_Gemma_SoS_decision_redacted.pdf-in her statement that “…I know beyond all doubt that I was wrong”.” ./_OFFICIAL_SENSITIVE__Cooper_Gemma_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Cooper_Gemma_SoS_decision_redacted.pdf:The findings of misconduct are serious as they include a finding of both sexual ./_OFFICIAL_SENSITIVE__Cooper_Gemma_SoS_decision_redacted.pdf-misconduct and lack of integrity. ./_OFFICIAL_SENSITIVE__Cooper_Gemma_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Cooper_Gemma_SoS_decision_redacted.pdf-I have to determine whether the imposition of a prohibition order is proportionate and in ./_OFFICIAL_SENSITIVE__Cooper_Gemma_SoS_decision_redacted.pdf-the public interest. In considering that for this case, I have considered the overall aim of a ./_OFFICIAL_SENSITIVE__Cooper_Gemma_SoS_decision_redacted.pdf-prohibition order which is to protect pupils and to maintain public confidence in the ./_OFFICIAL_SENSITIVE__Cooper_Gemma_SoS_decision_redacted.pdf-profession. I have considered the extent to which a prohibition order in this case would ./_OFFICIAL_SENSITIVE__Cooper_Gemma_SoS_decision_redacted.pdf-achieve that aim taking into account the impact that it will have on the individual teacher. ./_OFFICIAL_SENSITIVE__Cooper_Gemma_SoS_decision_redacted.pdf-I have also asked myself, whether a less intrusive measure, such as the published ./_OFFICIAL_SENSITIVE__Cooper_Gemma_SoS_decision_redacted.pdf-finding of unacceptable professional conduct and conduct that may bring the profession ./_OFFICIAL_SENSITIVE__Cooper_Gemma_SoS_decision_redacted.pdf-into disrepute, would itself be sufficient to achieve the overall aim. I have to consider -- ./_OFFICIAL_SENSITIVE__Cooper_Gemma_SoS_decision_redacted.pdf-In this case, I have considered the extent to which a prohibition order would protect ./_OFFICIAL_SENSITIVE__Cooper_Gemma_SoS_decision_redacted.pdf-children and safeguard pupils. The panel has observed, “The panel found that the ./_OFFICIAL_SENSITIVE__Cooper_Gemma_SoS_decision_redacted.pdf:offence of sexual activity / sexual communication with a child was relevant.” A prohibition ./_OFFICIAL_SENSITIVE__Cooper_Gemma_SoS_decision_redacted.pdf-order would therefore prevent such a risk from being present in the future. ./_OFFICIAL_SENSITIVE__Cooper_Gemma_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Cooper_Gemma_SoS_decision_redacted.pdf-I have also taken into account the panel’s comments on insight and remorse, which the ./_OFFICIAL_SENSITIVE__Cooper_Gemma_SoS_decision_redacted.pdf-panel sets out as follows, “She had shown insight into her actions and expressed “deep ./_OFFICIAL_SENSITIVE__Cooper_Gemma_SoS_decision_redacted.pdf-regret” and apologised for her misjudgement. [REDACTED]. The panel concluded she ./_OFFICIAL_SENSITIVE__Cooper_Gemma_SoS_decision_redacted.pdf-did not appear to be likely to repeat these behaviours in future.” I have therefore given ./_OFFICIAL_SENSITIVE__Cooper_Gemma_SoS_decision_redacted.pdf-this element considerable weight in reaching my decision. ./_OFFICIAL_SENSITIVE__Cooper_Gemma_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Cooper_Gemma_SoS_decision_redacted.pdf-I have gone on to consider the extent to which a prohibition order would maintain public ./_OFFICIAL_SENSITIVE__Cooper_Gemma_SoS_decision_redacted.pdf-confidence in the profession. The panel observe, “The panel took into account the way ./_OFFICIAL_SENSITIVE__Cooper_Gemma_SoS_decision_redacted.pdf-the teaching profession is viewed by others and considered the influence that teachers ./_OFFICIAL_SENSITIVE__Cooper_Gemma_SoS_decision_redacted.pdf-may have on pupils, parents and others in the community. The panel also took account of ./_OFFICIAL_SENSITIVE__Cooper_Gemma_SoS_decision_redacted.pdf-the uniquely influential role that teachers can hold in pupils’ lives and the fact that pupils ./_OFFICIAL_SENSITIVE__Cooper_Gemma_SoS_decision_redacted.pdf-must be able to view teachers as role models in the way they behave. ./_OFFICIAL_SENSITIVE__Cooper_Gemma_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Cooper_Gemma_SoS_decision_redacted.pdf-The findings of misconduct were serious and the conduct displayed would be likely to ./_OFFICIAL_SENSITIVE__Cooper_Gemma_SoS_decision_redacted.pdf-have a negative impact on the individual’s status as a teacher, potentially damaging the ./_OFFICIAL_SENSITIVE__Cooper_Gemma_SoS_decision_redacted.pdf-public perception.” ./_OFFICIAL_SENSITIVE__Cooper_Gemma_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Cooper_Gemma_SoS_decision_redacted.pdf:I am particularly mindful of the finding of sexual misconduct and lack of integrity in this ./_OFFICIAL_SENSITIVE__Cooper_Gemma_SoS_decision_redacted.pdf-case and the impact that such a finding has on the reputation of the profession. ./_OFFICIAL_SENSITIVE__Cooper_Gemma_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Cooper_Gemma_SoS_decision_redacted.pdf-I have had to consider that the public has a high expectation of professional standards of ./_OFFICIAL_SENSITIVE__Cooper_Gemma_SoS_decision_redacted.pdf-all teachers and that the public might regard a failure to impose a prohibition order as a ./_OFFICIAL_SENSITIVE__Cooper_Gemma_SoS_decision_redacted.pdf-failure to uphold those high standards. In weighing these considerations, I have had to ./_OFFICIAL_SENSITIVE__Cooper_Gemma_SoS_decision_redacted.pdf-consider the matter from the point of view of an “ordinary intelligent and well-informed ./_OFFICIAL_SENSITIVE__Cooper_Gemma_SoS_decision_redacted.pdf-citizen.” ./_OFFICIAL_SENSITIVE__Cooper_Gemma_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Cooper_Gemma_SoS_decision_redacted.pdf-I have considered whether the publication of a finding of unacceptable professional ./_OFFICIAL_SENSITIVE__Cooper_Gemma_SoS_decision_redacted.pdf-conduct, in the absence of a prohibition order, can itself be regarded by such a person as -- ./_OFFICIAL_SENSITIVE__Cooper_Gemma_SoS_decision_redacted.pdf-significantly to the education sector, for example no character references have been ./_OFFICIAL_SENSITIVE__Cooper_Gemma_SoS_decision_redacted.pdf-provided for the panel to consider.” ./_OFFICIAL_SENSITIVE__Cooper_Gemma_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Cooper_Gemma_SoS_decision_redacted.pdf-A prohibition order would prevent Ms Cooper from teaching and would also clearly ./_OFFICIAL_SENSITIVE__Cooper_Gemma_SoS_decision_redacted.pdf-deprive the public of her contribution to the profession for the period that it is in force. ./_OFFICIAL_SENSITIVE__Cooper_Gemma_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Cooper_Gemma_SoS_decision_redacted.pdf-In this case, I have placed considerable weight on the panel’s comments, “The panel ./_OFFICIAL_SENSITIVE__Cooper_Gemma_SoS_decision_redacted.pdf-found that Ms Cooper was responsible for engaging in and/or developing an ./_OFFICIAL_SENSITIVE__Cooper_Gemma_SoS_decision_redacted.pdf:inappropriate relationship with Pupil A which was of a sexual nature/and or sexually ./_OFFICIAL_SENSITIVE__Cooper_Gemma_SoS_decision_redacted.pdf-motivated.” ./_OFFICIAL_SENSITIVE__Cooper_Gemma_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Cooper_Gemma_SoS_decision_redacted.pdf-I have given less weight in my consideration of sanction therefore, to the contribution that ./_OFFICIAL_SENSITIVE__Cooper_Gemma_SoS_decision_redacted.pdf-Ms Cooper has made to the profession. In my view, it is necessary to impose a ./_OFFICIAL_SENSITIVE__Cooper_Gemma_SoS_decision_redacted.pdf-prohibition order in order to maintain public confidence in the profession. A published ./_OFFICIAL_SENSITIVE__Cooper_Gemma_SoS_decision_redacted.pdf-decision, in light of the circumstances in this case, does not in my view satisfy the public ./_OFFICIAL_SENSITIVE__Cooper_Gemma_SoS_decision_redacted.pdf-interest requirement concerning public confidence in the profession. ./_OFFICIAL_SENSITIVE__Cooper_Gemma_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Cooper_Gemma_SoS_decision_redacted.pdf-For these reasons, I have concluded that a prohibition order is proportionate and in the ./_OFFICIAL_SENSITIVE__Cooper_Gemma_SoS_decision_redacted.pdf-public interest in order to achieve the intended aims of a prohibition order. ./_OFFICIAL_SENSITIVE__Cox_Julianne_SoS_decision_redacted.pdf-Teacher: Ms Julianne Cox ./_OFFICIAL_SENSITIVE__Cox_Julianne_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Cox_Julianne_SoS_decision_redacted.pdf-Teacher ref number: 1281422 ./_OFFICIAL_SENSITIVE__Cox_Julianne_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Cox_Julianne_SoS_decision_redacted.pdf-Teacher date of birth: 4 September 1967 ./_OFFICIAL_SENSITIVE__Cox_Julianne_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Cox_Julianne_SoS_decision_redacted.pdf-TRA reference: 16897 ./_OFFICIAL_SENSITIVE__Cox_Julianne_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Cox_Julianne_SoS_decision_redacted.pdf-Date of determination: 23 February 2023 ./_OFFICIAL_SENSITIVE__Cox_Julianne_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Cox_Julianne_SoS_decision_redacted.pdf:Former employer: St Helena School, Essex ./_OFFICIAL_SENSITIVE__Cox_Julianne_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Cox_Julianne_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Cox_Julianne_SoS_decision_redacted.pdf-Introduction ./_OFFICIAL_SENSITIVE__Cox_Julianne_SoS_decision_redacted.pdf-A professional conduct panel of the Teaching Regulation Agency (‘the TRA’) convened ./_OFFICIAL_SENSITIVE__Cox_Julianne_SoS_decision_redacted.pdf-on 25 November 2019 at Cheylesmore House, 5 Quinton Road, Coventry, CV1 2WT to ./_OFFICIAL_SENSITIVE__Cox_Julianne_SoS_decision_redacted.pdf-consider the case of Ms Julianne Cox. The hearing was adjourned on 25 November 2019 ./_OFFICIAL_SENSITIVE__Cox_Julianne_SoS_decision_redacted.pdf-in order to allow Ms Cox to obtain and provide medical evidence relevant to this matter. ./_OFFICIAL_SENSITIVE__Cox_Julianne_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Cox_Julianne_SoS_decision_redacted.pdf-The hearing resumed on 20 February 2023 with a new professional conduct panel (‘the ./_OFFICIAL_SENSITIVE__Cox_Julianne_SoS_decision_redacted.pdf-panel’), a new presenting officer and a new legal adviser and concluded on 23 February -- ./_OFFICIAL_SENSITIVE__Cox_Julianne_SoS_decision_redacted.pdf-meantime, Ms Cox had resigned with immediate effect by letter dated 28 February 2017, ./_OFFICIAL_SENSITIVE__Cox_Julianne_SoS_decision_redacted.pdf-which was received by the School on 5 March 2017. ./_OFFICIAL_SENSITIVE__Cox_Julianne_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Cox_Julianne_SoS_decision_redacted.pdf-Individual C [REDACTED] telephoned the School on 6 March 2017 and confirmed that ./_OFFICIAL_SENSITIVE__Cox_Julianne_SoS_decision_redacted.pdf-Ms Cox had commenced work at The Bridge Academy on 1 March 2017. ./_OFFICIAL_SENSITIVE__Cox_Julianne_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Cox_Julianne_SoS_decision_redacted.pdf:A report was made to the Essex Police by Individual B and the Essex Police confirmed ./_OFFICIAL_SENSITIVE__Cox_Julianne_SoS_decision_redacted.pdf-on 15 June 2017 that they were carrying out investigations for fraud. A police report was ./_OFFICIAL_SENSITIVE__Cox_Julianne_SoS_decision_redacted.pdf-prepared on 18 November 2017 however no further action was taken against Ms Cox. ./_OFFICIAL_SENSITIVE__Cox_Julianne_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Cox_Julianne_SoS_decision_redacted.pdf-Ms Cox was invited to a disciplinary hearing by the School which took place on 20 ./_OFFICIAL_SENSITIVE__Cox_Julianne_SoS_decision_redacted.pdf-September 2017. Ms Cox did not attend. ./_OFFICIAL_SENSITIVE__Cox_Julianne_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Cox_Julianne_SoS_decision_redacted.pdf-The School wrote to Ms Cox on 9 October 2017 and confirmed that, had she not ./_OFFICIAL_SENSITIVE__Cox_Julianne_SoS_decision_redacted.pdf-resigned, she would have been dismissed from the School. ./_OFFICIAL_SENSITIVE__Cox_Julianne_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Cox_Julianne_SoS_decision_redacted.pdf-Findings of fact -- ./_OFFICIAL_SENSITIVE__Cox_Julianne_SoS_decision_redacted.pdf-The panel was also provided with a copy of Individual B’s witness statement which was ./_OFFICIAL_SENSITIVE__Cox_Julianne_SoS_decision_redacted.pdf:provided to Essex Police on 8 August 2017. In this statement, the Individual B recalled ./_OFFICIAL_SENSITIVE__Cox_Julianne_SoS_decision_redacted.pdf-that Ms Cox had told other teachers that she had a retina removed and that Ms Cox had ./_OFFICIAL_SENSITIVE__Cox_Julianne_SoS_decision_redacted.pdf-told her that she had lost the sight in one of her eyes. ./_OFFICIAL_SENSITIVE__Cox_Julianne_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Cox_Julianne_SoS_decision_redacted.pdf-The panel was further provided with a copy of a witness statement dated 19 December ./_OFFICIAL_SENSITIVE__Cox_Julianne_SoS_decision_redacted.pdf-2017 which was taken by the police from Individual D who had seen Ms Cox. This ./_OFFICIAL_SENSITIVE__Cox_Julianne_SoS_decision_redacted.pdf-statement recounted that the Individual D had performed an eye test on Ms Cox and ./_OFFICIAL_SENSITIVE__Cox_Julianne_SoS_decision_redacted.pdf-confirmed that, as of 8 October 2016, Ms Cox had both of her eyes and that there was no ./_OFFICIAL_SENSITIVE__Cox_Julianne_SoS_decision_redacted.pdf-evidence of any surgery. This statement went on to confirm that Ms Cox did not have a ./_OFFICIAL_SENSITIVE__Cox_Julianne_SoS_decision_redacted.pdf-false eye. ./_OFFICIAL_SENSITIVE__Cox_Julianne_SoS_decision_redacted.pdf- -- ./_OFFICIAL_SENSITIVE__Cox_Julianne_SoS_decision_redacted.pdf-Individual B that she had discovered cancer in her right eye and had been given ./_OFFICIAL_SENSITIVE__Cox_Julianne_SoS_decision_redacted.pdf-medication to reduce the tumour, and this was included in the [REDACTED] form by ./_OFFICIAL_SENSITIVE__Cox_Julianne_SoS_decision_redacted.pdf-Individual B. This document went on to refer to Ms Cox’s submission that she had “no ./_OFFICIAL_SENSITIVE__Cox_Julianne_SoS_decision_redacted.pdf-continuing issues with the on-going chemotherapy medication”. ./_OFFICIAL_SENSITIVE__Cox_Julianne_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Cox_Julianne_SoS_decision_redacted.pdf-The panel was also provided with a copy of an updated risk assessment dated 28 April ./_OFFICIAL_SENSITIVE__Cox_Julianne_SoS_decision_redacted.pdf-2016 in which it was stated that Ms Cox was still visiting a consultant and was taking ./_OFFICIAL_SENSITIVE__Cox_Julianne_SoS_decision_redacted.pdf-medication. ./_OFFICIAL_SENSITIVE__Cox_Julianne_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Cox_Julianne_SoS_decision_redacted.pdf-The panel was provided with a copy of the witness statement of Individual E at Ms Cox’s ./_OFFICIAL_SENSITIVE__Cox_Julianne_SoS_decision_redacted.pdf:GP surgery which was given to Essex Police on 13 July 2017. This statement confirmed ./_OFFICIAL_SENSITIVE__Cox_Julianne_SoS_decision_redacted.pdf-that Ms Cox’s medical records had been researched from birth and that Ms Cox had ./_OFFICIAL_SENSITIVE__Cox_Julianne_SoS_decision_redacted.pdf-never had any form of cancer, no treatment for cancer and had never had her eye ./_OFFICIAL_SENSITIVE__Cox_Julianne_SoS_decision_redacted.pdf-removed. ./_OFFICIAL_SENSITIVE__Cox_Julianne_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Cox_Julianne_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Cox_Julianne_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Cox_Julianne_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Cox_Julianne_SoS_decision_redacted.pdf- 10 ./_OFFICIAL_SENSITIVE__Cox_Julianne_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Culley__John_-_SoS_decision__Redacted___Web_Decision_.pdf-of the possible spectrum and, given the mitigating factors present in this case, the panel ./_OFFICIAL_SENSITIVE__Culley__John_-_SoS_decision__Redacted___Web_Decision_.pdf-has determined that a recommendation for a prohibition order will not be appropriate in ./_OFFICIAL_SENSITIVE__Culley__John_-_SoS_decision__Redacted___Web_Decision_.pdf-this case. ./_OFFICIAL_SENSITIVE__Culley__John_-_SoS_decision__Redacted___Web_Decision_.pdf- ./_OFFICIAL_SENSITIVE__Culley__John_-_SoS_decision__Redacted___Web_Decision_.pdf-The panel found Mr Culley to be highly intelligent yet unworldly; intellectually arrogant, ./_OFFICIAL_SENSITIVE__Culley__John_-_SoS_decision__Redacted___Web_Decision_.pdf-dismissive of rules, yet naive; a man totally absorbed by music and immersed in music ./_OFFICIAL_SENSITIVE__Culley__John_-_SoS_decision__Redacted___Web_Decision_.pdf-making. At the relevant times, he was emotionally and socially vulnerable. The ./_OFFICIAL_SENSITIVE__Culley__John_-_SoS_decision__Redacted___Web_Decision_.pdf-combination of these factors allowed Mr Culley, mistakenly and wrongly, to see a 13 year ./_OFFICIAL_SENSITIVE__Culley__John_-_SoS_decision__Redacted___Web_Decision_.pdf-old as a “friend”. Teachers and pupils, or in this case junior members of a youth orchestra ./_OFFICIAL_SENSITIVE__Culley__John_-_SoS_decision__Redacted___Web_Decision_.pdf-and choir, clearly cannot be friends because it is not a relationship between equals. The ./_OFFICIAL_SENSITIVE__Culley__John_-_SoS_decision__Redacted___Web_Decision_.pdf:panel is completely satisfied that the ‘friendship’ and private messaging was not sexually ./_OFFICIAL_SENSITIVE__Culley__John_-_SoS_decision__Redacted___Web_Decision_.pdf-motivated and this has not been alleged. ./_OFFICIAL_SENSITIVE__Culley__John_-_SoS_decision__Redacted___Web_Decision_.pdf- ./_OFFICIAL_SENSITIVE__Culley__John_-_SoS_decision__Redacted___Web_Decision_.pdf-The use of social media poses risks for both pupils and teachers. Personal ./_OFFICIAL_SENSITIVE__Culley__John_-_SoS_decision__Redacted___Web_Decision_.pdf-communications between teachers and pupils outside the educational context and ./_OFFICIAL_SENSITIVE__Culley__John_-_SoS_decision__Redacted___Web_Decision_.pdf-unrelated to a pupils educational needs are always inappropriate, unprofessional and in ./_OFFICIAL_SENSITIVE__Culley__John_-_SoS_decision__Redacted___Web_Decision_.pdf-breach of basic safeguarding principles and good practice. ./_OFFICIAL_SENSITIVE__Culley__John_-_SoS_decision__Redacted___Web_Decision_.pdf- ./_OFFICIAL_SENSITIVE__Culley__John_-_SoS_decision__Redacted___Web_Decision_.pdf-Mr Culley demonstrated regret and remorse; although this was partly about the impact of ./_OFFICIAL_SENSITIVE__Culley__John_-_SoS_decision__Redacted___Web_Decision_.pdf-these events upon him and his musical life. He also demonstrated substantial insight into ./_OFFICIAL_SENSITIVE__Culley__John_-_SoS_decision__Redacted___Web_Decision_.pdf-the circumstances, which led to these proceedings. The panel considers that Mr Culley -- ./_OFFICIAL_SENSITIVE__Culley__John_-_SoS_decision__Redacted___Web_Decision_.pdf-prohibition order would also clearly deprive the public of his contribution to the profession ./_OFFICIAL_SENSITIVE__Culley__John_-_SoS_decision__Redacted___Web_Decision_.pdf-for the period that it is in force. ./_OFFICIAL_SENSITIVE__Culley__John_-_SoS_decision__Redacted___Web_Decision_.pdf- ./_OFFICIAL_SENSITIVE__Culley__John_-_SoS_decision__Redacted___Web_Decision_.pdf-In this case I have placed considerable weight on the panel’s comments concerning the ./_OFFICIAL_SENSITIVE__Culley__John_-_SoS_decision__Redacted___Web_Decision_.pdf-insight and remorse shown. The panel say Mr Culley, “demonstrated substantial insight ./_OFFICIAL_SENSITIVE__Culley__John_-_SoS_decision__Redacted___Web_Decision_.pdf-into the circumstances, which led to these proceedings.” The panel went on to say it, ./_OFFICIAL_SENSITIVE__Culley__John_-_SoS_decision__Redacted___Web_Decision_.pdf-“considers that Mr Culley now has a far greater understanding of professional boundaries ./_OFFICIAL_SENSITIVE__Culley__John_-_SoS_decision__Redacted___Web_Decision_.pdf-and the importance of maintaining them”. ./_OFFICIAL_SENSITIVE__Culley__John_-_SoS_decision__Redacted___Web_Decision_.pdf- ./_OFFICIAL_SENSITIVE__Culley__John_-_SoS_decision__Redacted___Web_Decision_.pdf-I have also placed considerable weight on the panel’s view that, Mr Culley’s actions were ./_OFFICIAL_SENSITIVE__Culley__John_-_SoS_decision__Redacted___Web_Decision_.pdf:not sexually motivated and that, “In all the circumstances, the panel is satisfied that the ./_OFFICIAL_SENSITIVE__Culley__John_-_SoS_decision__Redacted___Web_Decision_.pdf-risk of repetition is low.” ./_OFFICIAL_SENSITIVE__Culley__John_-_SoS_decision__Redacted___Web_Decision_.pdf- ./_OFFICIAL_SENSITIVE__Culley__John_-_SoS_decision__Redacted___Web_Decision_.pdf-For these reasons I have concluded that a prohibition order is not proportionate and in ./_OFFICIAL_SENSITIVE__Culley__John_-_SoS_decision__Redacted___Web_Decision_.pdf-the public interest in order to achieve the aims which a prohibition order is intended to ./_OFFICIAL_SENSITIVE__Culley__John_-_SoS_decision__Redacted___Web_Decision_.pdf-achieve. The publication of a finding of conduct that may bring the profession into ./_OFFICIAL_SENSITIVE__Culley__John_-_SoS_decision__Redacted___Web_Decision_.pdf-disrepute is in my view is appropriate and proportionate to satisfy the maintenance of ./_OFFICIAL_SENSITIVE__Culley__John_-_SoS_decision__Redacted___Web_Decision_.pdf-public confidence in the profession. ./_OFFICIAL_SENSITIVE__Culley__John_-_SoS_decision__Redacted___Web_Decision_.pdf- ./_OFFICIAL_SENSITIVE__Culley__John_-_SoS_decision__Redacted___Web_Decision_.pdf- ./_OFFICIAL_SENSITIVE__Culley__John_-_SoS_decision__Redacted___Web_Decision_.pdf- ./_OFFICIAL_SENSITIVE__Dean_Keeley_SoS_decision_redacted.pdf- ii. sent one or more text messages to Pupil A; ./_OFFICIAL_SENSITIVE__Dean_Keeley_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Dean_Keeley_SoS_decision_redacted.pdf- iii. agreed to meet and/or met Pupil A at the cinema. ./_OFFICIAL_SENSITIVE__Dean_Keeley_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Dean_Keeley_SoS_decision_redacted.pdf- b) in or around December 2008 she: ./_OFFICIAL_SENSITIVE__Dean_Keeley_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Dean_Keeley_SoS_decision_redacted.pdf- i. met Pupil A at his home; ./_OFFICIAL_SENSITIVE__Dean_Keeley_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Dean_Keeley_SoS_decision_redacted.pdf- ii. kissed Pupil A; ./_OFFICIAL_SENSITIVE__Dean_Keeley_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Dean_Keeley_SoS_decision_redacted.pdf: iii. had sex with Pupil A. ./_OFFICIAL_SENSITIVE__Dean_Keeley_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Dean_Keeley_SoS_decision_redacted.pdf- c) between or around January 2009 and July 2009, she: ./_OFFICIAL_SENSITIVE__Dean_Keeley_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Dean_Keeley_SoS_decision_redacted.pdf- i. met up with Pupil A at her home on one or more occasions; ./_OFFICIAL_SENSITIVE__Dean_Keeley_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Dean_Keeley_SoS_decision_redacted.pdf- ii. stayed overnight in a hotel with Pupil A on an occasion in or around March ./_OFFICIAL_SENSITIVE__Dean_Keeley_SoS_decision_redacted.pdf- 2009; ./_OFFICIAL_SENSITIVE__Dean_Keeley_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Dean_Keeley_SoS_decision_redacted.pdf: iii. had sex with Pupil A on one or more occasions. ./_OFFICIAL_SENSITIVE__Dean_Keeley_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Dean_Keeley_SoS_decision_redacted.pdf-2. Her conduct at 1(a) and/or 1(b)(i) and/or 1(b)(ii) and/or 1(c)(i) and/or 1(c)(ii) was ./_OFFICIAL_SENSITIVE__Dean_Keeley_SoS_decision_redacted.pdf: sexually motivated. ./_OFFICIAL_SENSITIVE__Dean_Keeley_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Dean_Keeley_SoS_decision_redacted.pdf-Ms Dean did not make a formal admission of fact. There was no agreed statement of ./_OFFICIAL_SENSITIVE__Dean_Keeley_SoS_decision_redacted.pdf-facts before the panel. The hearing proceeded on the basis the allegations were denied. ./_OFFICIAL_SENSITIVE__Dean_Keeley_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Dean_Keeley_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Dean_Keeley_SoS_decision_redacted.pdf-Preliminary applications ./_OFFICIAL_SENSITIVE__Dean_Keeley_SoS_decision_redacted.pdf-Application to proceed in the absence of the teacher ./_OFFICIAL_SENSITIVE__Dean_Keeley_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Dean_Keeley_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Dean_Keeley_SoS_decision_redacted.pdf- 4 -- ./_OFFICIAL_SENSITIVE__Dean_Keeley_SoS_decision_redacted.pdf-In or around October 2008, Ms Dean and Pupil A agreed to meet up and go to the ./_OFFICIAL_SENSITIVE__Dean_Keeley_SoS_decision_redacted.pdf-cinema. They exchanged mobile numbers to do so. ./_OFFICIAL_SENSITIVE__Dean_Keeley_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Dean_Keeley_SoS_decision_redacted.pdf-In December 2008, Pupil A invited Ms Dean to his home whilst his parents were away. ./_OFFICIAL_SENSITIVE__Dean_Keeley_SoS_decision_redacted.pdf:Ms Dean and Pupil A had sexual intercourse for the first time. ./_OFFICIAL_SENSITIVE__Dean_Keeley_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Dean_Keeley_SoS_decision_redacted.pdf-From January 2009 onwards, Pupil A and Ms Dean met up regularly after school and ./_OFFICIAL_SENSITIVE__Dean_Keeley_SoS_decision_redacted.pdf:continued a sexual relationship. ./_OFFICIAL_SENSITIVE__Dean_Keeley_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Dean_Keeley_SoS_decision_redacted.pdf-In March 2009, Pupil A and Ms Dean spent a night together at a hotel in [REDACTED] ./_OFFICIAL_SENSITIVE__Dean_Keeley_SoS_decision_redacted.pdf-and went on a day trip to [REDACTED]. ./_OFFICIAL_SENSITIVE__Dean_Keeley_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Dean_Keeley_SoS_decision_redacted.pdf-Pupil A ended the relationship with Ms Dean in June/July 2009. ./_OFFICIAL_SENSITIVE__Dean_Keeley_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Dean_Keeley_SoS_decision_redacted.pdf-In October 2009, Pupil A and Ms Dean met up whilst Pupil A was at university and had ./_OFFICIAL_SENSITIVE__Dean_Keeley_SoS_decision_redacted.pdf:sexual intercourse. ./_OFFICIAL_SENSITIVE__Dean_Keeley_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Dean_Keeley_SoS_decision_redacted.pdf-On 17 April 2020, Pupil A contacted the headteacher of the School via LinkedIn and ./_OFFICIAL_SENSITIVE__Dean_Keeley_SoS_decision_redacted.pdf-subsequently disclosed his relationship with Ms Dean. ./_OFFICIAL_SENSITIVE__Dean_Keeley_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Dean_Keeley_SoS_decision_redacted.pdf-A referral was made to the TRA on 27 November 2020, following the School’s ./_OFFICIAL_SENSITIVE__Dean_Keeley_SoS_decision_redacted.pdf-investigation. ./_OFFICIAL_SENSITIVE__Dean_Keeley_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Dean_Keeley_SoS_decision_redacted.pdf-Findings of fact ./_OFFICIAL_SENSITIVE__Dean_Keeley_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Dean_Keeley_SoS_decision_redacted.pdf-The findings of fact are as follows: -- ./_OFFICIAL_SENSITIVE__Dean_Keeley_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Dean_Keeley_SoS_decision_redacted.pdf- iii. agreed to meet and/or met Pupil A at the cinema; ./_OFFICIAL_SENSITIVE__Dean_Keeley_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Dean_Keeley_SoS_decision_redacted.pdf-The allegations were denied by Ms Dean. She did not submit any evidence to the panel ./_OFFICIAL_SENSITIVE__Dean_Keeley_SoS_decision_redacted.pdf-to refute the allegations. Having considered the evidence, the panel found on balance ./_OFFICIAL_SENSITIVE__Dean_Keeley_SoS_decision_redacted.pdf-that the allegations were proved. ./_OFFICIAL_SENSITIVE__Dean_Keeley_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Dean_Keeley_SoS_decision_redacted.pdf-The panel heard witness evidence from Pupil A. Pupil A explained that he first met Ms ./_OFFICIAL_SENSITIVE__Dean_Keeley_SoS_decision_redacted.pdf-Dean in 2002 as she was his geography teacher [REDACTED]. Pupil A had a normal ./_OFFICIAL_SENSITIVE__Dean_Keeley_SoS_decision_redacted.pdf-pupil relationship with Ms Dean and had no concerns regarding her conduct at this stage. ./_OFFICIAL_SENSITIVE__Dean_Keeley_SoS_decision_redacted.pdf:The situation changed, however, in [REDACTED] when he had a consensual sexual ./_OFFICIAL_SENSITIVE__Dean_Keeley_SoS_decision_redacted.pdf-relationship with Ms Dean for over a period of eight months. ./_OFFICIAL_SENSITIVE__Dean_Keeley_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Dean_Keeley_SoS_decision_redacted.pdf-Pupil A stated that, in August 2008, Ms Dean sent an email to the class asking how ./_OFFICIAL_SENSITIVE__Dean_Keeley_SoS_decision_redacted.pdf-students had got on with their exam results. Pupil A replied directly to Ms Dean and the ./_OFFICIAL_SENSITIVE__Dean_Keeley_SoS_decision_redacted.pdf-private email correspondence then continued. ./_OFFICIAL_SENSITIVE__Dean_Keeley_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Dean_Keeley_SoS_decision_redacted.pdf-Pupil A could not remember when or who initiated it but stated that they agreed to meet ./_OFFICIAL_SENSITIVE__Dean_Keeley_SoS_decision_redacted.pdf-up outside of the classroom and go to the cinema. Pupil A explained that they exchanged ./_OFFICIAL_SENSITIVE__Dean_Keeley_SoS_decision_redacted.pdf-phone numbers in order to arrange to meet up at the cinema. Pupil A could not recall ./_OFFICIAL_SENSITIVE__Dean_Keeley_SoS_decision_redacted.pdf-who initiated the exchange of telephone numbers. Pupil A and Ms Dean drove to the -- ./_OFFICIAL_SENSITIVE__Dean_Keeley_SoS_decision_redacted.pdf- b) in or around December 2008 you: ./_OFFICIAL_SENSITIVE__Dean_Keeley_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Dean_Keeley_SoS_decision_redacted.pdf- i. met Pupil A at his home; ./_OFFICIAL_SENSITIVE__Dean_Keeley_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Dean_Keeley_SoS_decision_redacted.pdf- ii. kissed Pupil A; ./_OFFICIAL_SENSITIVE__Dean_Keeley_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Dean_Keeley_SoS_decision_redacted.pdf: iii. had sex with Pupil A. ./_OFFICIAL_SENSITIVE__Dean_Keeley_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Dean_Keeley_SoS_decision_redacted.pdf-The allegations were denied by Ms Dean. She did not submit any evidence to the panel ./_OFFICIAL_SENSITIVE__Dean_Keeley_SoS_decision_redacted.pdf-to refute the allegations. Having considered the evidence, the panel found on balance ./_OFFICIAL_SENSITIVE__Dean_Keeley_SoS_decision_redacted.pdf-that the allegations were proved. ./_OFFICIAL_SENSITIVE__Dean_Keeley_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Dean_Keeley_SoS_decision_redacted.pdf-The panel noted the witness evidence from Pupil A. Pupil A explained he and Ms Dean ./_OFFICIAL_SENSITIVE__Dean_Keeley_SoS_decision_redacted.pdf-continued to text. In early December 2008, Pupil A’s parents were away on his Father's ./_OFFICIAL_SENSITIVE__Dean_Keeley_SoS_decision_redacted.pdf-Christmas work do. Pupil A explained that he invited Ms Dean to his house for the first ./_OFFICIAL_SENSITIVE__Dean_Keeley_SoS_decision_redacted.pdf-time because he was there alone. Ms Dean came to Pupil A’s house for dinner and he ./_OFFICIAL_SENSITIVE__Dean_Keeley_SoS_decision_redacted.pdf-recalled that she went to the toilet and when she came back she sat on the sofa next to ./_OFFICIAL_SENSITIVE__Dean_Keeley_SoS_decision_redacted.pdf-him, grabbed his hand and said "what are we going to do about this". Pupil A explained ./_OFFICIAL_SENSITIVE__Dean_Keeley_SoS_decision_redacted.pdf:that he then leant in and kissed Ms Dean and they then had sex for the first time. ./_OFFICIAL_SENSITIVE__Dean_Keeley_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Dean_Keeley_SoS_decision_redacted.pdf-The panel assessed the weight and reliability of the evidence and on balance of ./_OFFICIAL_SENSITIVE__Dean_Keeley_SoS_decision_redacted.pdf-probabilities, the panel found allegations 1(b)(i) to (iii) proven. ./_OFFICIAL_SENSITIVE__Dean_Keeley_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Dean_Keeley_SoS_decision_redacted.pdf-Whilst working as a teacher at Oakwood Park Grammar School (“the School”) you ./_OFFICIAL_SENSITIVE__Dean_Keeley_SoS_decision_redacted.pdf-failed to maintain appropriate professional boundaries with Pupil A and/or ./_OFFICIAL_SENSITIVE__Dean_Keeley_SoS_decision_redacted.pdf-engaged in an inappropriate relationship with Pupil A, in that: ./_OFFICIAL_SENSITIVE__Dean_Keeley_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Dean_Keeley_SoS_decision_redacted.pdf- c) between or around January 2009 and July 2009, you: ./_OFFICIAL_SENSITIVE__Dean_Keeley_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Dean_Keeley_SoS_decision_redacted.pdf- i. met up with Pupil A at your home on one or more occasions; ./_OFFICIAL_SENSITIVE__Dean_Keeley_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Dean_Keeley_SoS_decision_redacted.pdf- ii. stayed overnight in a hotel with Pupil A on an occasion in or around ./_OFFICIAL_SENSITIVE__Dean_Keeley_SoS_decision_redacted.pdf- March 2009; ./_OFFICIAL_SENSITIVE__Dean_Keeley_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Dean_Keeley_SoS_decision_redacted.pdf: iii. had sex with Pupil A on one or more occasions. ./_OFFICIAL_SENSITIVE__Dean_Keeley_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Dean_Keeley_SoS_decision_redacted.pdf-The allegations were denied by Ms Dean. She did not submit any evidence to the panel ./_OFFICIAL_SENSITIVE__Dean_Keeley_SoS_decision_redacted.pdf-to refute the allegations. Having considered the evidence, the panel found on balance ./_OFFICIAL_SENSITIVE__Dean_Keeley_SoS_decision_redacted.pdf-that the allegations were proved. ./_OFFICIAL_SENSITIVE__Dean_Keeley_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Dean_Keeley_SoS_decision_redacted.pdf-The panel considered Pupil A’s witness statement and heard oral evidence from Pupil A. ./_OFFICIAL_SENSITIVE__Dean_Keeley_SoS_decision_redacted.pdf-Pupil A stated that the meetings between him and Ms Dean became more frequent from ./_OFFICIAL_SENSITIVE__Dean_Keeley_SoS_decision_redacted.pdf-January 2009 and he would go to her house after school around two to three times a ./_OFFICIAL_SENSITIVE__Dean_Keeley_SoS_decision_redacted.pdf-week. Pupil A could not recall who initiated this. Pupil A explained that Ms Dean would ./_OFFICIAL_SENSITIVE__Dean_Keeley_SoS_decision_redacted.pdf-usually leave the School at around 15:30 and Pupil A would either drive to her house or -- ./_OFFICIAL_SENSITIVE__Dean_Keeley_SoS_decision_redacted.pdf:would usually have sex and he would stay for around 45 minutes. Ms Dean would then ./_OFFICIAL_SENSITIVE__Dean_Keeley_SoS_decision_redacted.pdf-drive him to the bus stop in time for the 16:45 bus that Pupil A would usually get to go ./_OFFICIAL_SENSITIVE__Dean_Keeley_SoS_decision_redacted.pdf-home. With the aim to avoid suspicion. ./_OFFICIAL_SENSITIVE__Dean_Keeley_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Dean_Keeley_SoS_decision_redacted.pdf-At the time, Pupil A explained that he had feelings for Ms Dean and considered her to be ./_OFFICIAL_SENSITIVE__Dean_Keeley_SoS_decision_redacted.pdf-his girlfriend but they did not become ‘official’ because she was married. There was an ./_OFFICIAL_SENSITIVE__Dean_Keeley_SoS_decision_redacted.pdf-understanding that they would keep the relationship a secret. ./_OFFICIAL_SENSITIVE__Dean_Keeley_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Dean_Keeley_SoS_decision_redacted.pdf-During the course of the relationship, Pupil A stated that they also went on a trip to ./_OFFICIAL_SENSITIVE__Dean_Keeley_SoS_decision_redacted.pdf-[REDACTED], a hotel, in March 2009 for their birthdays and then a day trip to ./_OFFICIAL_SENSITIVE__Dean_Keeley_SoS_decision_redacted.pdf-[REDACTED] some time after. Pupil A could not remember specifically what date they -- ./_OFFICIAL_SENSITIVE__Dean_Keeley_SoS_decision_redacted.pdf-that they would come clean after he graduated from university in three years' time. ./_OFFICIAL_SENSITIVE__Dean_Keeley_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Dean_Keeley_SoS_decision_redacted.pdf-Pupil A stated that he met Ms Dean one final time in October 2009 after he had gone to ./_OFFICIAL_SENSITIVE__Dean_Keeley_SoS_decision_redacted.pdf-[REDACTED] and they had started messaging again. Pupil A explained that the six ./_OFFICIAL_SENSITIVE__Dean_Keeley_SoS_decision_redacted.pdf-people Pupil A lived with in [REDACTED] were not very social and Pupil A had not made ./_OFFICIAL_SENSITIVE__Dean_Keeley_SoS_decision_redacted.pdf-many friends [REDACTED], so he was lonely and invited Ms Dean to visit and stay over. ./_OFFICIAL_SENSITIVE__Dean_Keeley_SoS_decision_redacted.pdf-Pupil A stated that Ms Dean told him that [REDACTED] she travelled up by train on ./_OFFICIAL_SENSITIVE__Dean_Keeley_SoS_decision_redacted.pdf-Halloween weekend. Pupil A met Ms Dean at the train station and they walked ./_OFFICIAL_SENSITIVE__Dean_Keeley_SoS_decision_redacted.pdf-[REDACTED] before going to dinner. ./_OFFICIAL_SENSITIVE__Dean_Keeley_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Dean_Keeley_SoS_decision_redacted.pdf:During the course of the visit. Pupil A stated that he and Ms Dean had sex again. They ./_OFFICIAL_SENSITIVE__Dean_Keeley_SoS_decision_redacted.pdf-then exchanged a few text messages in early November 2009 but this stopped soon after ./_OFFICIAL_SENSITIVE__Dean_Keeley_SoS_decision_redacted.pdf-because Ms Dean wanted to be more serious with Pupil A. ./_OFFICIAL_SENSITIVE__Dean_Keeley_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Dean_Keeley_SoS_decision_redacted.pdf-The panel considered the witness statement of Pupil C and heard evidence from Pupil C. ./_OFFICIAL_SENSITIVE__Dean_Keeley_SoS_decision_redacted.pdf-Pupil C stated that whilst at the School, he suspected that Pupil A had a relationship with ./_OFFICIAL_SENSITIVE__Dean_Keeley_SoS_decision_redacted.pdf-Ms Dean because he had seen his car outside Ms Dean’s house on several occasions. ./_OFFICIAL_SENSITIVE__Dean_Keeley_SoS_decision_redacted.pdf-Pupil C explained he knew where Ms Dean lived, [REDACTED] and he had seen Ms ./_OFFICIAL_SENSITIVE__Dean_Keeley_SoS_decision_redacted.pdf-Dean [REDACTED]. Pupil C explained that other friends also started to suspect that ./_OFFICIAL_SENSITIVE__Dean_Keeley_SoS_decision_redacted.pdf-there was a relationship between Pupil and Ms Dean, including Pupil C’s then girlfriend, ./_OFFICIAL_SENSITIVE__Dean_Keeley_SoS_decision_redacted.pdf-Pupil D. -- ./_OFFICIAL_SENSITIVE__Dean_Keeley_SoS_decision_redacted.pdf-that she knew what car Ms Dean had and where she lived as she signed up for a pupil ./_OFFICIAL_SENSITIVE__Dean_Keeley_SoS_decision_redacted.pdf-car wash. ./_OFFICIAL_SENSITIVE__Dean_Keeley_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Dean_Keeley_SoS_decision_redacted.pdf-The panel noted the witness statement of Person B, the mother of Pupil A. Person B ./_OFFICIAL_SENSITIVE__Dean_Keeley_SoS_decision_redacted.pdf-explained that on 8 July 2020, Pupil A called her and her husband via FaceTime. Pupil A ./_OFFICIAL_SENSITIVE__Dean_Keeley_SoS_decision_redacted.pdf-was extremely upset and distressed and said that he needed to tell them something. ./_OFFICIAL_SENSITIVE__Dean_Keeley_SoS_decision_redacted.pdf-Pupil A explained that he had been in touch with the School to inform them of a ./_OFFICIAL_SENSITIVE__Dean_Keeley_SoS_decision_redacted.pdf-relationship he had with Ms Dean. On 11 July 2020, Person B and her husband met with ./_OFFICIAL_SENSITIVE__Dean_Keeley_SoS_decision_redacted.pdf-Pupil A and he told them the process he was undergoing with the School’s investigation. ./_OFFICIAL_SENSITIVE__Dean_Keeley_SoS_decision_redacted.pdf-Person B explained that at no time did Pupil A suggest that the relationship was not ./_OFFICIAL_SENSITIVE__Dean_Keeley_SoS_decision_redacted.pdf:consensual and Person B assumed it to be sexual although Pupil A did not confirm this. ./_OFFICIAL_SENSITIVE__Dean_Keeley_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Dean_Keeley_SoS_decision_redacted.pdf-Person B stated that when she met Pupil A and he told her about his relationship with Ms ./_OFFICIAL_SENSITIVE__Dean_Keeley_SoS_decision_redacted.pdf-Dean, it sparked a memory for Person B. Person B stated that she would walk her dog in ./_OFFICIAL_SENSITIVE__Dean_Keeley_SoS_decision_redacted.pdf-the afternoon and on one occasion she was walking the dog later than usual. When she ./_OFFICIAL_SENSITIVE__Dean_Keeley_SoS_decision_redacted.pdf-turned the corner, she saw Pupil A get out of a car. She then watched Pupil A walk to a ./_OFFICIAL_SENSITIVE__Dean_Keeley_SoS_decision_redacted.pdf-bin and drop something in it. Person B recalled being curious at the time. Person B ./_OFFICIAL_SENSITIVE__Dean_Keeley_SoS_decision_redacted.pdf-walked to the bin to find a used condom (the only item in the bin). Person B asked Pupil ./_OFFICIAL_SENSITIVE__Dean_Keeley_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Dean_Keeley_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Dean_Keeley_SoS_decision_redacted.pdf- -- ./_OFFICIAL_SENSITIVE__Dean_Keeley_SoS_decision_redacted.pdf-A who had given him a lift and Pupil A told her that it was his teacher, who was on their ./_OFFICIAL_SENSITIVE__Dean_Keeley_SoS_decision_redacted.pdf-way through to [REDACTED]. ./_OFFICIAL_SENSITIVE__Dean_Keeley_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Dean_Keeley_SoS_decision_redacted.pdf-The panel assessed the weight and reliability of the evidence and on balance of ./_OFFICIAL_SENSITIVE__Dean_Keeley_SoS_decision_redacted.pdf-probabilities, the panel found allegations 1(c)(i) to (iii) proven. ./_OFFICIAL_SENSITIVE__Dean_Keeley_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Dean_Keeley_SoS_decision_redacted.pdf- 2. Your conduct at 1(a) and/or 1(b)(i) and/or 1(b)(ii) and/or 1(c)(i) and/or 1(c)(ii) ./_OFFICIAL_SENSITIVE__Dean_Keeley_SoS_decision_redacted.pdf: was sexually motivated. ./_OFFICIAL_SENSITIVE__Dean_Keeley_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Dean_Keeley_SoS_decision_redacted.pdf-The panel noted that the allegation was denied by Ms Dean. ./_OFFICIAL_SENSITIVE__Dean_Keeley_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Dean_Keeley_SoS_decision_redacted.pdf-On examination of the documents before the panel and consideration of the wider ./_OFFICIAL_SENSITIVE__Dean_Keeley_SoS_decision_redacted.pdf-documentary and oral evidence, the panel concluded that Ms Dean’s conduct as set out ./_OFFICIAL_SENSITIVE__Dean_Keeley_SoS_decision_redacted.pdf:in allegations 1a, 1b(i), 1(b)(ii), 1(c)(i) and 1(c)(ii) was sexually motivated. The panel was ./_OFFICIAL_SENSITIVE__Dean_Keeley_SoS_decision_redacted.pdf-of the view that there was no reason for Ms Dean to engage in a relationship of this kind ./_OFFICIAL_SENSITIVE__Dean_Keeley_SoS_decision_redacted.pdf:with a pupil. It noted that these actions ultimately led to a sexual relationship between Ms ./_OFFICIAL_SENSITIVE__Dean_Keeley_SoS_decision_redacted.pdf:Dean and Pupil A. The panel therefore found that this conduct was sexually motivated. ./_OFFICIAL_SENSITIVE__Dean_Keeley_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Dean_Keeley_SoS_decision_redacted.pdf:The panel also considered that, had the allegation been pleaded as conduct of a sexual ./_OFFICIAL_SENSITIVE__Dean_Keeley_SoS_decision_redacted.pdf-nature, then it would be impossible to reach any other conclusion other than that the ./_OFFICIAL_SENSITIVE__Dean_Keeley_SoS_decision_redacted.pdf:conduct was sexual, as set out in the case of The General Medical Counsel v Haris ./_OFFICIAL_SENSITIVE__Dean_Keeley_SoS_decision_redacted.pdf-[2020] EWHC 2518. ./_OFFICIAL_SENSITIVE__Dean_Keeley_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Dean_Keeley_SoS_decision_redacted.pdf-The panel found allegation 2 proven. ./_OFFICIAL_SENSITIVE__Dean_Keeley_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Dean_Keeley_SoS_decision_redacted.pdf-Findings as to unacceptable professional conduct and/or conduct that ./_OFFICIAL_SENSITIVE__Dean_Keeley_SoS_decision_redacted.pdf-may bring the profession into disrepute ./_OFFICIAL_SENSITIVE__Dean_Keeley_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Dean_Keeley_SoS_decision_redacted.pdf-Having found a number of the allegations proved, the panel went on to consider whether ./_OFFICIAL_SENSITIVE__Dean_Keeley_SoS_decision_redacted.pdf-the facts of those proved allegations amounted to unacceptable professional conduct ./_OFFICIAL_SENSITIVE__Dean_Keeley_SoS_decision_redacted.pdf-and/or conduct that may bring the profession into disrepute. -- ./_OFFICIAL_SENSITIVE__Dean_Keeley_SoS_decision_redacted.pdf-The panel was aware that the published teacher’s standards were different when these ./_OFFICIAL_SENSITIVE__Dean_Keeley_SoS_decision_redacted.pdf-events took place. However, the panel was satisfied that the behaviours found proven ./_OFFICIAL_SENSITIVE__Dean_Keeley_SoS_decision_redacted.pdf-would not have been acceptable at the time they took place. ./_OFFICIAL_SENSITIVE__Dean_Keeley_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Dean_Keeley_SoS_decision_redacted.pdf-The panel was satisfied that the conduct of Ms Dean amounted to misconduct of a ./_OFFICIAL_SENSITIVE__Dean_Keeley_SoS_decision_redacted.pdf-serious nature which fell significantly short of the standards expected of the profession. ./_OFFICIAL_SENSITIVE__Dean_Keeley_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Dean_Keeley_SoS_decision_redacted.pdf-The panel also considered whether Ms Dean’s conduct displayed behaviours associated ./_OFFICIAL_SENSITIVE__Dean_Keeley_SoS_decision_redacted.pdf-with any of the offences listed on pages 12 and 13 of the Advice. ./_OFFICIAL_SENSITIVE__Dean_Keeley_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Dean_Keeley_SoS_decision_redacted.pdf:The panel found that the offence of sexual activity was relevant. The Advice indicates ./_OFFICIAL_SENSITIVE__Dean_Keeley_SoS_decision_redacted.pdf-that where behaviours associated with such an offence exist, a panel is more likely to ./_OFFICIAL_SENSITIVE__Dean_Keeley_SoS_decision_redacted.pdf-conclude that an individual’s conduct would amount to unacceptable professional ./_OFFICIAL_SENSITIVE__Dean_Keeley_SoS_decision_redacted.pdf-conduct. ./_OFFICIAL_SENSITIVE__Dean_Keeley_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Dean_Keeley_SoS_decision_redacted.pdf-The panel noted that the allegations took place outside the education setting in that Ms ./_OFFICIAL_SENSITIVE__Dean_Keeley_SoS_decision_redacted.pdf-Dean was communicating with Pupil A via text message, meeting him at the cinema, ./_OFFICIAL_SENSITIVE__Dean_Keeley_SoS_decision_redacted.pdf-meeting at his home, and allowing him to visit her home. However, the panel believed ./_OFFICIAL_SENSITIVE__Dean_Keeley_SoS_decision_redacted.pdf-that this touched upon Ms Dean’s profession as a teacher, given the teacher pupil ./_OFFICIAL_SENSITIVE__Dean_Keeley_SoS_decision_redacted.pdf-relationship between then. ./_OFFICIAL_SENSITIVE__Dean_Keeley_SoS_decision_redacted.pdf- -- ./_OFFICIAL_SENSITIVE__Dean_Keeley_SoS_decision_redacted.pdf- the public; ./_OFFICIAL_SENSITIVE__Dean_Keeley_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Dean_Keeley_SoS_decision_redacted.pdf- • the maintenance of public confidence in the profession; ./_OFFICIAL_SENSITIVE__Dean_Keeley_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Dean_Keeley_SoS_decision_redacted.pdf- • declaring and upholding proper standards of conduct; and ./_OFFICIAL_SENSITIVE__Dean_Keeley_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Dean_Keeley_SoS_decision_redacted.pdf- • that prohibition strikes the right balance between the rights of the teacher and the ./_OFFICIAL_SENSITIVE__Dean_Keeley_SoS_decision_redacted.pdf- public interest, if they are in conflict. ./_OFFICIAL_SENSITIVE__Dean_Keeley_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Dean_Keeley_SoS_decision_redacted.pdf-In the light of the panel’s findings against Ms Dean, which involved engaging in an ./_OFFICIAL_SENSITIVE__Dean_Keeley_SoS_decision_redacted.pdf:inappropriate and sexual relationship with Pupil A, there was a strong public interest ./_OFFICIAL_SENSITIVE__Dean_Keeley_SoS_decision_redacted.pdf-consideration in respect of the protection of pupils. ./_OFFICIAL_SENSITIVE__Dean_Keeley_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Dean_Keeley_SoS_decision_redacted.pdf-Similarly, the panel considered that public confidence in the profession could be seriously ./_OFFICIAL_SENSITIVE__Dean_Keeley_SoS_decision_redacted.pdf-weakened if conduct such as that found against Ms Dean was not treated with the utmost ./_OFFICIAL_SENSITIVE__Dean_Keeley_SoS_decision_redacted.pdf-seriousness when regulating the conduct of the profession. ./_OFFICIAL_SENSITIVE__Dean_Keeley_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Dean_Keeley_SoS_decision_redacted.pdf-The panel was of the view that a strong public interest consideration in declaring proper ./_OFFICIAL_SENSITIVE__Dean_Keeley_SoS_decision_redacted.pdf-standards of conduct in the profession was also present as the conduct found against Ms ./_OFFICIAL_SENSITIVE__Dean_Keeley_SoS_decision_redacted.pdf-Dean was outside that which could reasonably be tolerated. ./_OFFICIAL_SENSITIVE__Dean_Keeley_SoS_decision_redacted.pdf- -- ./_OFFICIAL_SENSITIVE__Dean_Keeley_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Dean_Keeley_SoS_decision_redacted.pdf- • serious departure from the personal and professional conduct elements of the ./_OFFICIAL_SENSITIVE__Dean_Keeley_SoS_decision_redacted.pdf- Teachers’ Standards; ./_OFFICIAL_SENSITIVE__Dean_Keeley_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Dean_Keeley_SoS_decision_redacted.pdf- • misconduct seriously affecting the education and/or well-being of pupils, and ./_OFFICIAL_SENSITIVE__Dean_Keeley_SoS_decision_redacted.pdf- particularly where there is a continuing risk; ./_OFFICIAL_SENSITIVE__Dean_Keeley_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Dean_Keeley_SoS_decision_redacted.pdf- • abuse of position or trust (particularly involving pupils); ./_OFFICIAL_SENSITIVE__Dean_Keeley_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Dean_Keeley_SoS_decision_redacted.pdf- • any abuse of any trust, knowledge or influence grained through their professional ./_OFFICIAL_SENSITIVE__Dean_Keeley_SoS_decision_redacted.pdf: position in order to advance a romantic or sexual relationship with a pupil or former ./_OFFICIAL_SENSITIVE__Dean_Keeley_SoS_decision_redacted.pdf- pupil; ./_OFFICIAL_SENSITIVE__Dean_Keeley_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Dean_Keeley_SoS_decision_redacted.pdf: • sexual misconduct, for example, involving actions that were sexually motivated or ./_OFFICIAL_SENSITIVE__Dean_Keeley_SoS_decision_redacted.pdf: of a sexual nature and/or that use or exploit the trust, knowledge or influence ./_OFFICIAL_SENSITIVE__Dean_Keeley_SoS_decision_redacted.pdf- derived from the individual’s professional position; ./_OFFICIAL_SENSITIVE__Dean_Keeley_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Dean_Keeley_SoS_decision_redacted.pdf- • violating of the rights of pupils; ./_OFFICIAL_SENSITIVE__Dean_Keeley_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Dean_Keeley_SoS_decision_redacted.pdf- • deliberate behaviour that undermines pupils, the profession, the school or ./_OFFICIAL_SENSITIVE__Dean_Keeley_SoS_decision_redacted.pdf- colleagues. ./_OFFICIAL_SENSITIVE__Dean_Keeley_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Dean_Keeley_SoS_decision_redacted.pdf-The panel noted that while the Teacher’s Standards were not published at the relevant ./_OFFICIAL_SENSITIVE__Dean_Keeley_SoS_decision_redacted.pdf-time, the panel was satisfied they reflected the expected standards for teachers at the ./_OFFICIAL_SENSITIVE__Dean_Keeley_SoS_decision_redacted.pdf-time the actions took place. Further, the panel noted Ms Dean admitted that she was -- ./_OFFICIAL_SENSITIVE__Dean_Keeley_SoS_decision_redacted.pdf-made by the panel would be sufficient. ./_OFFICIAL_SENSITIVE__Dean_Keeley_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Dean_Keeley_SoS_decision_redacted.pdf-The panel was of the view that, applying the standard of the ordinary intelligent citizen, it ./_OFFICIAL_SENSITIVE__Dean_Keeley_SoS_decision_redacted.pdf-would not be a proportionate and appropriate response to recommend no prohibition ./_OFFICIAL_SENSITIVE__Dean_Keeley_SoS_decision_redacted.pdf-order. Recommending that the publication of adverse findings would be sufficient would ./_OFFICIAL_SENSITIVE__Dean_Keeley_SoS_decision_redacted.pdf-unacceptably compromise the public interest considerations present in this case, despite ./_OFFICIAL_SENSITIVE__Dean_Keeley_SoS_decision_redacted.pdf-the severity of the consequences for Ms Dean of prohibition. ./_OFFICIAL_SENSITIVE__Dean_Keeley_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Dean_Keeley_SoS_decision_redacted.pdf-The panel considered that prohibition was both proportionate and appropriate. The panel ./_OFFICIAL_SENSITIVE__Dean_Keeley_SoS_decision_redacted.pdf-decided that the public interest considerations outweighed the interests of Ms Dean. The ./_OFFICIAL_SENSITIVE__Dean_Keeley_SoS_decision_redacted.pdf:serious nature of the allegations, in that Ms Dean conducted a sexual relationship with a ./_OFFICIAL_SENSITIVE__Dean_Keeley_SoS_decision_redacted.pdf-pupil, was a significant factor in forming that opinion. Accordingly, the panel made a ./_OFFICIAL_SENSITIVE__Dean_Keeley_SoS_decision_redacted.pdf-recommendation to the Secretary of State that a prohibition order should be imposed with ./_OFFICIAL_SENSITIVE__Dean_Keeley_SoS_decision_redacted.pdf-immediate effect. ./_OFFICIAL_SENSITIVE__Dean_Keeley_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Dean_Keeley_SoS_decision_redacted.pdf-The panel went on to consider whether or not it would be appropriate for it to decide to ./_OFFICIAL_SENSITIVE__Dean_Keeley_SoS_decision_redacted.pdf-recommend a review period of the order. The panel was mindful that the Advice states ./_OFFICIAL_SENSITIVE__Dean_Keeley_SoS_decision_redacted.pdf-that a prohibition order applies for life, but there may be circumstances, in any given ./_OFFICIAL_SENSITIVE__Dean_Keeley_SoS_decision_redacted.pdf-case, that may make it appropriate to allow a teacher to apply to have the prohibition ./_OFFICIAL_SENSITIVE__Dean_Keeley_SoS_decision_redacted.pdf-order reviewed after a specified period of time that may not be less than 2 years. ./_OFFICIAL_SENSITIVE__Dean_Keeley_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Dean_Keeley_SoS_decision_redacted.pdf-The Advice indicates that there are behaviours that, if proved, would militate against the ./_OFFICIAL_SENSITIVE__Dean_Keeley_SoS_decision_redacted.pdf:recommendation of a review period. These behaviours include serious sexual ./_OFFICIAL_SENSITIVE__Dean_Keeley_SoS_decision_redacted.pdf:misconduct, such as where the act was sexually motivated and resulted in, or had the ./_OFFICIAL_SENSITIVE__Dean_Keeley_SoS_decision_redacted.pdf-potential to result in, harm to a person or persons, particularly where the individual has ./_OFFICIAL_SENSITIVE__Dean_Keeley_SoS_decision_redacted.pdf-used her professional position to influence or exploit a person or persons and/or any ./_OFFICIAL_SENSITIVE__Dean_Keeley_SoS_decision_redacted.pdf:sexual misconduct involving a child. The panel found that Ms Dean was responsible for ./_OFFICIAL_SENSITIVE__Dean_Keeley_SoS_decision_redacted.pdf:engaging in a sexual relationship with Pupil A. ./_OFFICIAL_SENSITIVE__Dean_Keeley_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Dean_Keeley_SoS_decision_redacted.pdf-The Advice also indicates that there are behaviours that, if proved, would have greater ./_OFFICIAL_SENSITIVE__Dean_Keeley_SoS_decision_redacted.pdf-relevance and weigh in favour of a longer review period. The panel found that Ms Dean ./_OFFICIAL_SENSITIVE__Dean_Keeley_SoS_decision_redacted.pdf-was not responsible for any such behaviours. ./_OFFICIAL_SENSITIVE__Dean_Keeley_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Dean_Keeley_SoS_decision_redacted.pdf-The panel decided that the findings indicated a situation in which a review period would ./_OFFICIAL_SENSITIVE__Dean_Keeley_SoS_decision_redacted.pdf-not be appropriate and, as such, decided that it would be proportionate, in all the ./_OFFICIAL_SENSITIVE__Dean_Keeley_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Dean_Keeley_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Dean_Keeley_SoS_decision_redacted.pdf- 17 -- ./_OFFICIAL_SENSITIVE__Dean_Keeley_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Dean_Keeley_SoS_decision_redacted.pdf-The panel sets out that it, “was aware that the published teacher’s standards were ./_OFFICIAL_SENSITIVE__Dean_Keeley_SoS_decision_redacted.pdf-different when these events took place.” However, the panel state that it, “was satisfied ./_OFFICIAL_SENSITIVE__Dean_Keeley_SoS_decision_redacted.pdf-that the behaviours found proven would not have been acceptable at the time they took ./_OFFICIAL_SENSITIVE__Dean_Keeley_SoS_decision_redacted.pdf-place.” ./_OFFICIAL_SENSITIVE__Dean_Keeley_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Dean_Keeley_SoS_decision_redacted.pdf-The panel was also, “satisfied that the conduct of Ms Dean amounted to misconduct of a ./_OFFICIAL_SENSITIVE__Dean_Keeley_SoS_decision_redacted.pdf-serious nature which fell significantly short of the standards expected of the profession.” ./_OFFICIAL_SENSITIVE__Dean_Keeley_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Dean_Keeley_SoS_decision_redacted.pdf-The findings of misconduct are particularly serious as they include a finding of conduct ./_OFFICIAL_SENSITIVE__Dean_Keeley_SoS_decision_redacted.pdf:that was sexually motivated, involving a Pupil. ./_OFFICIAL_SENSITIVE__Dean_Keeley_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Dean_Keeley_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Dean_Keeley_SoS_decision_redacted.pdf- 18 ./_OFFICIAL_SENSITIVE__Dean_Keeley_SoS_decision_redacted.pdf- -- ./_OFFICIAL_SENSITIVE__Dean_Keeley_SoS_decision_redacted.pdf-achieve that aim taking into account the impact that it will have on the individual teacher. ./_OFFICIAL_SENSITIVE__Dean_Keeley_SoS_decision_redacted.pdf-I have also asked myself, whether a less intrusive measure, such as the published ./_OFFICIAL_SENSITIVE__Dean_Keeley_SoS_decision_redacted.pdf-finding of unacceptable professional conduct and conduct that may bring the profession ./_OFFICIAL_SENSITIVE__Dean_Keeley_SoS_decision_redacted.pdf-into disrepute, would itself be sufficient to achieve the overall aim. I have to consider ./_OFFICIAL_SENSITIVE__Dean_Keeley_SoS_decision_redacted.pdf-whether the consequences of such a publication are themselves sufficient. I have ./_OFFICIAL_SENSITIVE__Dean_Keeley_SoS_decision_redacted.pdf-considered therefore whether or not prohibiting Ms Dean, and the impact that will have ./_OFFICIAL_SENSITIVE__Dean_Keeley_SoS_decision_redacted.pdf-on the teacher, is proportionate and in the public interest. ./_OFFICIAL_SENSITIVE__Dean_Keeley_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Dean_Keeley_SoS_decision_redacted.pdf-In this case, I have considered the extent to which a prohibition order would protect ./_OFFICIAL_SENSITIVE__Dean_Keeley_SoS_decision_redacted.pdf-children and safeguard pupils. The panel has observed, “The panel found that Ms Dean ./_OFFICIAL_SENSITIVE__Dean_Keeley_SoS_decision_redacted.pdf:was responsible for engaging in a sexual relationship with Pupil A.” A prohibition order ./_OFFICIAL_SENSITIVE__Dean_Keeley_SoS_decision_redacted.pdf-would therefore prevent such a risk from being present in the future. ./_OFFICIAL_SENSITIVE__Dean_Keeley_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Dean_Keeley_SoS_decision_redacted.pdf-Although the panel did not hear from Ms Dean on insight and remorse, the panel does ./_OFFICIAL_SENSITIVE__Dean_Keeley_SoS_decision_redacted.pdf-say,” the panel noted Ms Dean admitted that she was aware that it was inappropriate to ./_OFFICIAL_SENSITIVE__Dean_Keeley_SoS_decision_redacted.pdf-have an intimate relationship with a pupil.” In my judgement, the apparent lack of full ./_OFFICIAL_SENSITIVE__Dean_Keeley_SoS_decision_redacted.pdf-insight means that there is some risk of the repetition of this behaviour and this puts at ./_OFFICIAL_SENSITIVE__Dean_Keeley_SoS_decision_redacted.pdf-risk the future wellbeing of pupils. I have therefore given this element considerable weight ./_OFFICIAL_SENSITIVE__Dean_Keeley_SoS_decision_redacted.pdf-in reaching my decision. ./_OFFICIAL_SENSITIVE__Dean_Keeley_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Dean_Keeley_SoS_decision_redacted.pdf-I have gone on to consider the extent to which a prohibition order would maintain public ./_OFFICIAL_SENSITIVE__Dean_Keeley_SoS_decision_redacted.pdf-confidence in the profession. The panel observe, “The panel took into account the way ./_OFFICIAL_SENSITIVE__Dean_Keeley_SoS_decision_redacted.pdf-the teaching profession is viewed by others and considered the influence that teachers ./_OFFICIAL_SENSITIVE__Dean_Keeley_SoS_decision_redacted.pdf-may have on pupils, parents and others in the community. The panel also took account of ./_OFFICIAL_SENSITIVE__Dean_Keeley_SoS_decision_redacted.pdf-the uniquely influential role that teachers can hold in pupils’ lives and the fact that pupils ./_OFFICIAL_SENSITIVE__Dean_Keeley_SoS_decision_redacted.pdf-must be able to view teachers as role models in the way that they behave. ./_OFFICIAL_SENSITIVE__Dean_Keeley_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Dean_Keeley_SoS_decision_redacted.pdf-The findings of misconduct are serious, and the conduct displayed would be likely to ./_OFFICIAL_SENSITIVE__Dean_Keeley_SoS_decision_redacted.pdf-have a negative impact on the individual’s status as a teacher, potentially damaging the ./_OFFICIAL_SENSITIVE__Dean_Keeley_SoS_decision_redacted.pdf-public perception.” ./_OFFICIAL_SENSITIVE__Dean_Keeley_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Dean_Keeley_SoS_decision_redacted.pdf:I am particularly mindful of the finding of sexual misconduct in this case and the impact ./_OFFICIAL_SENSITIVE__Dean_Keeley_SoS_decision_redacted.pdf-that such a finding has on the reputation of the profession. ./_OFFICIAL_SENSITIVE__Dean_Keeley_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Dean_Keeley_SoS_decision_redacted.pdf-I have had to consider that the public has a high expectation of professional standards of ./_OFFICIAL_SENSITIVE__Dean_Keeley_SoS_decision_redacted.pdf-all teachers and that the public might regard a failure to impose a prohibition order as a ./_OFFICIAL_SENSITIVE__Dean_Keeley_SoS_decision_redacted.pdf-failure to uphold those high standards. In weighing these considerations, I have had to ./_OFFICIAL_SENSITIVE__Dean_Keeley_SoS_decision_redacted.pdf-consider the matter from the point of view of an “ordinary intelligent and well-informed ./_OFFICIAL_SENSITIVE__Dean_Keeley_SoS_decision_redacted.pdf-citizen.” ./_OFFICIAL_SENSITIVE__Dean_Keeley_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Dean_Keeley_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Dean_Keeley_SoS_decision_redacted.pdf- -- ./_OFFICIAL_SENSITIVE__Dean_Keeley_SoS_decision_redacted.pdf-education sector. The panel noted the oral evidence of Person A, Ms Dean’s Head of ./_OFFICIAL_SENSITIVE__Dean_Keeley_SoS_decision_redacted.pdf-Department, who explained that she found Ms Dean professional and hardworking. ./_OFFICIAL_SENSITIVE__Dean_Keeley_SoS_decision_redacted.pdf-However, there was no evidence that Ms Dean was an exceptional teacher. ./_OFFICIAL_SENSITIVE__Dean_Keeley_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Dean_Keeley_SoS_decision_redacted.pdf-No mitigation evidence was submitted on behalf of Ms Dean.” ./_OFFICIAL_SENSITIVE__Dean_Keeley_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Dean_Keeley_SoS_decision_redacted.pdf-A prohibition order would prevent Ms Dean from teaching and would also clearly deprive ./_OFFICIAL_SENSITIVE__Dean_Keeley_SoS_decision_redacted.pdf-the public of her contribution to the profession for the period that it is in force. ./_OFFICIAL_SENSITIVE__Dean_Keeley_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Dean_Keeley_SoS_decision_redacted.pdf-In this case, I have placed considerable weight on the panel’s comments, “The panel ./_OFFICIAL_SENSITIVE__Dean_Keeley_SoS_decision_redacted.pdf:found that Ms Dean was responsible for engaging in a sexual relationship with Pupil A.” ./_OFFICIAL_SENSITIVE__Dean_Keeley_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Dean_Keeley_SoS_decision_redacted.pdf-I have given less weight in my consideration of sanction therefore, to the contribution that ./_OFFICIAL_SENSITIVE__Dean_Keeley_SoS_decision_redacted.pdf-Ms Dean has made to the profession. In my view, it is necessary to impose a prohibition ./_OFFICIAL_SENSITIVE__Dean_Keeley_SoS_decision_redacted.pdf-order in order to maintain public confidence in the profession. A published decision, in ./_OFFICIAL_SENSITIVE__Dean_Keeley_SoS_decision_redacted.pdf-light of the circumstances in this case, that is not backed up by remorse or insight, does ./_OFFICIAL_SENSITIVE__Dean_Keeley_SoS_decision_redacted.pdf-not in my view satisfy the public interest requirement concerning public confidence in the ./_OFFICIAL_SENSITIVE__Dean_Keeley_SoS_decision_redacted.pdf-profession. ./_OFFICIAL_SENSITIVE__Dean_Keeley_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Dean_Keeley_SoS_decision_redacted.pdf-For these reasons, I have concluded that a prohibition order is proportionate and in the ./_OFFICIAL_SENSITIVE__Dean_Keeley_SoS_decision_redacted.pdf-public interest in order to achieve the intended aims of a prohibition order. ./_Official_Sensitive__Donnelly__Robert_SoS_decision.pdf- iii. In which he stated that he was lying in bed and that he “should put ./_Official_Sensitive__Donnelly__Robert_SoS_decision.pdf- some clothes on”, implying that he was naked; ./_Official_Sensitive__Donnelly__Robert_SoS_decision.pdf- ./_Official_Sensitive__Donnelly__Robert_SoS_decision.pdf- iv. In which you describe how Pupil B should arrange his genitalia within ./_Official_Sensitive__Donnelly__Robert_SoS_decision.pdf- his underwear’. ./_Official_Sensitive__Donnelly__Robert_SoS_decision.pdf- ./_Official_Sensitive__Donnelly__Robert_SoS_decision.pdf- 3. His conduct, as may be found proven at 1 and/or 2 above was; ./_Official_Sensitive__Donnelly__Robert_SoS_decision.pdf- ./_Official_Sensitive__Donnelly__Robert_SoS_decision.pdf- a. Flirtatious; ./_Official_Sensitive__Donnelly__Robert_SoS_decision.pdf- ./_Official_Sensitive__Donnelly__Robert_SoS_decision.pdf: b. Conduct of a sexual nature and/or sexually motivated. ./_Official_Sensitive__Donnelly__Robert_SoS_decision.pdf- ./_Official_Sensitive__Donnelly__Robert_SoS_decision.pdf-Mr Donnelly admitted allegations 1 and 2 (save for 2 (b) iv) as set out in the Statement of ./_Official_Sensitive__Donnelly__Robert_SoS_decision.pdf-Agreed Facts and that this behaviour amounted to unacceptable professional conduct ./_Official_Sensitive__Donnelly__Robert_SoS_decision.pdf-and conduct that may bring the profession into disrepute. However, Mr Donnelly denied ./_Official_Sensitive__Donnelly__Robert_SoS_decision.pdf:that the conduct was flirtatious or conduct of a sexual nature and/or sexually motivated ./_Official_Sensitive__Donnelly__Robert_SoS_decision.pdf-(allegation 3). ./_Official_Sensitive__Donnelly__Robert_SoS_decision.pdf- ./_Official_Sensitive__Donnelly__Robert_SoS_decision.pdf- ./_Official_Sensitive__Donnelly__Robert_SoS_decision.pdf- 4 ./_Official_Sensitive__Donnelly__Robert_SoS_decision.pdf- -- ./_Official_Sensitive__Donnelly__Robert_SoS_decision.pdf-In addition, but separate to his position at the school, Mr Donnelly was the manager of a ./_Official_Sensitive__Donnelly__Robert_SoS_decision.pdf-local [Redacted] football team. Pupils at the school were team members of the football ./_Official_Sensitive__Donnelly__Robert_SoS_decision.pdf-team including Pupil A and B. ./_Official_Sensitive__Donnelly__Robert_SoS_decision.pdf- ./_Official_Sensitive__Donnelly__Robert_SoS_decision.pdf-The allegations against Mr Donnelly related to his failure to maintain appropriate ./_Official_Sensitive__Donnelly__Robert_SoS_decision.pdf-boundaries in relation to Pupil A and B by exchanging personal contact details and ./_Official_Sensitive__Donnelly__Robert_SoS_decision.pdf-thereafter, exchanging inappropriate messages with those pupils late at night. It was ./_Official_Sensitive__Donnelly__Robert_SoS_decision.pdf:alleged that such conduct was flirtatious, of a sexual nature and/or sexually motivated. ./_Official_Sensitive__Donnelly__Robert_SoS_decision.pdf- ./_Official_Sensitive__Donnelly__Robert_SoS_decision.pdf-Findings of fact ./_Official_Sensitive__Donnelly__Robert_SoS_decision.pdf- ./_Official_Sensitive__Donnelly__Robert_SoS_decision.pdf-Our findings of fact were as follows: ./_Official_Sensitive__Donnelly__Robert_SoS_decision.pdf- ./_Official_Sensitive__Donnelly__Robert_SoS_decision.pdf-The panel found the following particulars of the allegations against you proven, for these ./_Official_Sensitive__Donnelly__Robert_SoS_decision.pdf-reasons: ./_Official_Sensitive__Donnelly__Robert_SoS_decision.pdf- ./_Official_Sensitive__Donnelly__Robert_SoS_decision.pdf-Whilst employed as Head of PE at St Columba’s Boys School you: ./_Official_Sensitive__Donnelly__Robert_SoS_decision.pdf- -- ./_Official_Sensitive__Donnelly__Robert_SoS_decision.pdf-professional boundary with Pupil B. The panel noted that, on at least one occasion during ./_Official_Sensitive__Donnelly__Robert_SoS_decision.pdf-the conversation on 5 January 2018, Pupil B attempted to change the subject. ./_Official_Sensitive__Donnelly__Robert_SoS_decision.pdf- ./_Official_Sensitive__Donnelly__Robert_SoS_decision.pdf-The panel determined that the allegation had been found proven, on the balance of ./_Official_Sensitive__Donnelly__Robert_SoS_decision.pdf-probabilities. ./_Official_Sensitive__Donnelly__Robert_SoS_decision.pdf- ./_Official_Sensitive__Donnelly__Robert_SoS_decision.pdf- 3. Your conduct, as may be found proven at 1 and/or 2 above was; ./_Official_Sensitive__Donnelly__Robert_SoS_decision.pdf- ./_Official_Sensitive__Donnelly__Robert_SoS_decision.pdf- a. Flirtatious; ./_Official_Sensitive__Donnelly__Robert_SoS_decision.pdf- ./_Official_Sensitive__Donnelly__Robert_SoS_decision.pdf: b. Conduct of a sexual nature and/or sexually motivated. ./_Official_Sensitive__Donnelly__Robert_SoS_decision.pdf- ./_Official_Sensitive__Donnelly__Robert_SoS_decision.pdf-The panel went on to consider whether those particulars and elements of allegations 1 ./_Official_Sensitive__Donnelly__Robert_SoS_decision.pdf:and 2 found proven amount to conduct which was flirtatious, conduct of a sexual nature ./_Official_Sensitive__Donnelly__Robert_SoS_decision.pdf:and/or sexually motivated. ./_Official_Sensitive__Donnelly__Robert_SoS_decision.pdf- ./_Official_Sensitive__Donnelly__Robert_SoS_decision.pdf-The panel assessed in detail the circumstances of the allegations to consider whether, on ./_Official_Sensitive__Donnelly__Robert_SoS_decision.pdf:the balance of probabilities, the conduct was flirtatious, sexual in nature and/or sexually ./_Official_Sensitive__Donnelly__Robert_SoS_decision.pdf-motivated or whether, as Mr Donnelly argued, the conduct of a caring football ./_Official_Sensitive__Donnelly__Robert_SoS_decision.pdf-coach/teacher. ./_Official_Sensitive__Donnelly__Robert_SoS_decision.pdf- ./_Official_Sensitive__Donnelly__Robert_SoS_decision.pdf:The panel received legal advice on the definition of sexual motivation and considered the ./_Official_Sensitive__Donnelly__Robert_SoS_decision.pdf-case law put forward by the presenting officer (Mohammed Suhaib Sait v The General ./_Official_Sensitive__Donnelly__Robert_SoS_decision.pdf-Medical Council [2018] EWHC 3160 Admin). ./_Official_Sensitive__Donnelly__Robert_SoS_decision.pdf- ./_Official_Sensitive__Donnelly__Robert_SoS_decision.pdf-For ease of reference, the panel went onto consider allegations 1 and 2 separately as the ./_Official_Sensitive__Donnelly__Robert_SoS_decision.pdf-circumstances for each differed. ./_Official_Sensitive__Donnelly__Robert_SoS_decision.pdf- ./_Official_Sensitive__Donnelly__Robert_SoS_decision.pdf-In respect of Pupil A, the panel found that Mr Donnelly initiated the conversations with ./_Official_Sensitive__Donnelly__Robert_SoS_decision.pdf-Pupil A regarding the type and size of underwear he wore. Mr Donnelly also purchased ./_Official_Sensitive__Donnelly__Robert_SoS_decision.pdf-underwear for Pupil A, which in the panel’s view was highly inappropriate. The panel ./_Official_Sensitive__Donnelly__Robert_SoS_decision.pdf-determined that, on the evidence available, Mr Donnelly’s conduct was flirtatious, of a ./_Official_Sensitive__Donnelly__Robert_SoS_decision.pdf:sexual nature and sexually motivated, taking into consideration (either individually or ./_Official_Sensitive__Donnelly__Robert_SoS_decision.pdf-collectively) the forum in which the conversation took place such as direct messages ./_Official_Sensitive__Donnelly__Robert_SoS_decision.pdf-without parental consent. The time in which the messages were sent and Mr Donnelly’s ./_Official_Sensitive__Donnelly__Robert_SoS_decision.pdf:persistence in resurrecting conversations of a sexual nature were also highly relevant to ./_Official_Sensitive__Donnelly__Robert_SoS_decision.pdf-the panel’s determination. ./_Official_Sensitive__Donnelly__Robert_SoS_decision.pdf- ./_Official_Sensitive__Donnelly__Robert_SoS_decision.pdf- ./_Official_Sensitive__Donnelly__Robert_SoS_decision.pdf- ./_Official_Sensitive__Donnelly__Robert_SoS_decision.pdf- 14 ./_Official_Sensitive__Donnelly__Robert_SoS_decision.pdf- -- ./_Official_Sensitive__Donnelly__Robert_SoS_decision.pdf-intimate information. The panel noted that on a number of occasions, Pupil B attempted ./_Official_Sensitive__Donnelly__Robert_SoS_decision.pdf-to redirect the conversation to a different topic, which suggests that Pupil B was ./_Official_Sensitive__Donnelly__Robert_SoS_decision.pdf-uncomfortable with the conversation. ./_Official_Sensitive__Donnelly__Robert_SoS_decision.pdf- ./_Official_Sensitive__Donnelly__Robert_SoS_decision.pdf-The panel noted in the Statement of Facts that “my perception of appropriate boundaries ./_Official_Sensitive__Donnelly__Robert_SoS_decision.pdf-had become blurred… The messages I sent to Pupils A and B were of the type which I ./_Official_Sensitive__Donnelly__Robert_SoS_decision.pdf-might have sent to friends of my own age and I accept that it was not appropriate to send ./_Official_Sensitive__Donnelly__Robert_SoS_decision.pdf-them to pupils of the age of A and B”. ./_Official_Sensitive__Donnelly__Robert_SoS_decision.pdf- ./_Official_Sensitive__Donnelly__Robert_SoS_decision.pdf-As in the case of Pupil A, the panel found that Mr Donnelly’s conduct towards Pupil B ./_Official_Sensitive__Donnelly__Robert_SoS_decision.pdf:was flirtatious, of a sexual nature and sexually motivated given the context and content of ./_Official_Sensitive__Donnelly__Robert_SoS_decision.pdf-the conversations, in addition to the time the messages were sent. ./_Official_Sensitive__Donnelly__Robert_SoS_decision.pdf- ./_Official_Sensitive__Donnelly__Robert_SoS_decision.pdf-The panel found that in respect of both Pupil A and B, Mr Donnelly acted in a way which ./_Official_Sensitive__Donnelly__Robert_SoS_decision.pdf-was contrary to the school’s safeguarding policy by obtaining contact details of students. ./_Official_Sensitive__Donnelly__Robert_SoS_decision.pdf:Initially the conversations, instigated by Mr Donnelly late at night, were of a non-sexual ./_Official_Sensitive__Donnelly__Robert_SoS_decision.pdf-nature. The conversations then escalated, by Mr Donnelly, into discussions about ./_Official_Sensitive__Donnelly__Robert_SoS_decision.pdf-underwear (including advice on types and size) and in the case of Pupil B, there was ./_Official_Sensitive__Donnelly__Robert_SoS_decision.pdf-reference to his genitalia. ./_Official_Sensitive__Donnelly__Robert_SoS_decision.pdf- ./_Official_Sensitive__Donnelly__Robert_SoS_decision.pdf-The panel formed the view that, on the balance of probabilities, it did not find Mr ./_Official_Sensitive__Donnelly__Robert_SoS_decision.pdf-Donnelly’s account credible in that his actions in respect of Pupil A and B, as accepted ./_Official_Sensitive__Donnelly__Robert_SoS_decision.pdf:and found proven, did amount to conduct which was flirtatious, of a sexual nature and/or ./_Official_Sensitive__Donnelly__Robert_SoS_decision.pdf:sexually motivated. ./_Official_Sensitive__Donnelly__Robert_SoS_decision.pdf- ./_Official_Sensitive__Donnelly__Robert_SoS_decision.pdf:The panel found that Mr Donnelly’s conduct was sexually motivated and that the ./_Official_Sensitive__Donnelly__Robert_SoS_decision.pdf:WhatsApp conversations that he had with Pupils A and B were for sexual gratification ./_Official_Sensitive__Donnelly__Robert_SoS_decision.pdf:and/or in hope of a future sexual relationship. The panel did not consider that Mr ./_Official_Sensitive__Donnelly__Robert_SoS_decision.pdf-Donnelly’s conduct was as a result of his concern for pupils’ health and welfare. ./_Official_Sensitive__Donnelly__Robert_SoS_decision.pdf- ./_Official_Sensitive__Donnelly__Robert_SoS_decision.pdf-Considering the evidence as a whole, the panel noted that such conduct could be ./_Official_Sensitive__Donnelly__Robert_SoS_decision.pdf:deemed by an ordinary citizen to be sexually motivated. This is reinforced by the fact that ./_Official_Sensitive__Donnelly__Robert_SoS_decision.pdf-a parent initially reported Mr Donnelly’s conduct as inappropriate. ./_Official_Sensitive__Donnelly__Robert_SoS_decision.pdf- ./_Official_Sensitive__Donnelly__Robert_SoS_decision.pdf-The panel gave due regard to the notes of the Police investigation referring to eight ./_Official_Sensitive__Donnelly__Robert_SoS_decision.pdf-members of the football team receiving similar messages and the Police concluded that ./_Official_Sensitive__Donnelly__Robert_SoS_decision.pdf:they were of a “grooming nature”. The panel exercised caution when considering this ./_Official_Sensitive__Donnelly__Robert_SoS_decision.pdf-information since this is a separate forum and decision making process however ./_Official_Sensitive__Donnelly__Robert_SoS_decision.pdf-determined that these factors were highly relevant to Mr Donnelly’s intentions and state ./_Official_Sensitive__Donnelly__Robert_SoS_decision.pdf-of mind. ./_Official_Sensitive__Donnelly__Robert_SoS_decision.pdf- ./_Official_Sensitive__Donnelly__Robert_SoS_decision.pdf- ./_Official_Sensitive__Donnelly__Robert_SoS_decision.pdf- 15 ./_Official_Sensitive__Donnelly__Robert_SoS_decision.pdf- -- ./_Official_Sensitive__Donnelly__Robert_SoS_decision.pdf- statutory provisions. ./_Official_Sensitive__Donnelly__Robert_SoS_decision.pdf-  Teachers must have proper and professional regard for the ethos, policies and ./_Official_Sensitive__Donnelly__Robert_SoS_decision.pdf- practices of the school in which they teach. ./_Official_Sensitive__Donnelly__Robert_SoS_decision.pdf-  Teachers must have an understanding of, and always act within, the statutory ./_Official_Sensitive__Donnelly__Robert_SoS_decision.pdf- frameworks which set out their professional duties and responsibilities. ./_Official_Sensitive__Donnelly__Robert_SoS_decision.pdf-The panel was satisfied that the conduct of Mr Donnelly amounted to misconduct of a ./_Official_Sensitive__Donnelly__Robert_SoS_decision.pdf-serious nature which fell significantly short of the standards expected of the profession. ./_Official_Sensitive__Donnelly__Robert_SoS_decision.pdf- ./_Official_Sensitive__Donnelly__Robert_SoS_decision.pdf-The panel also considered whether Mr Donnelly conduct displayed behaviours ./_Official_Sensitive__Donnelly__Robert_SoS_decision.pdf-associated with any of the offences listed on pages 8 and 9 of the Advice and the panel ./_Official_Sensitive__Donnelly__Robert_SoS_decision.pdf:found that the offence of sexual activity was relevant. ./_Official_Sensitive__Donnelly__Robert_SoS_decision.pdf- ./_Official_Sensitive__Donnelly__Robert_SoS_decision.pdf-The Advice indicated that where behaviours associated with such an offence exist, a ./_Official_Sensitive__Donnelly__Robert_SoS_decision.pdf-panel is likely to conclude that an individual’s conduct would amount to unacceptable ./_Official_Sensitive__Donnelly__Robert_SoS_decision.pdf-professional conduct. ./_Official_Sensitive__Donnelly__Robert_SoS_decision.pdf- ./_Official_Sensitive__Donnelly__Robert_SoS_decision.pdf-The panel noted that the allegations took place outside of the education setting, often late ./_Official_Sensitive__Donnelly__Robert_SoS_decision.pdf-at night and instigated by Mr Donnelly. The conversations were intimate, inappropriate ./_Official_Sensitive__Donnelly__Robert_SoS_decision.pdf:and of a sexual nature. The panel determined that Mr Donnelly’s conduct affected the ./_Official_Sensitive__Donnelly__Robert_SoS_decision.pdf-way the person fulfils their teaching role, may lead to pupils being exposed to or ./_Official_Sensitive__Donnelly__Robert_SoS_decision.pdf-influenced by the behaviour in a harmful way and affected the way in which the ./_Official_Sensitive__Donnelly__Robert_SoS_decision.pdf-profession is perceived. ./_Official_Sensitive__Donnelly__Robert_SoS_decision.pdf- ./_Official_Sensitive__Donnelly__Robert_SoS_decision.pdf- ./_Official_Sensitive__Donnelly__Robert_SoS_decision.pdf- 16 ./_Official_Sensitive__Donnelly__Robert_SoS_decision.pdf- -- ./_Official_Sensitive__Donnelly__Robert_SoS_decision.pdf-be given in order to be punitive, or to show that blame has been apportioned, although ./_Official_Sensitive__Donnelly__Robert_SoS_decision.pdf-they are likely to have punitive effect. ./_Official_Sensitive__Donnelly__Robert_SoS_decision.pdf- ./_Official_Sensitive__Donnelly__Robert_SoS_decision.pdf-The panel considered the particular public interest considerations set out in the Advice ./_Official_Sensitive__Donnelly__Robert_SoS_decision.pdf-and having done so has found a number of them to be relevant in this case, namely the ./_Official_Sensitive__Donnelly__Robert_SoS_decision.pdf-protection of pupils, the protection of other members of the public, the maintenance of ./_Official_Sensitive__Donnelly__Robert_SoS_decision.pdf-public confidence in the profession, declaring and upholding proper standards of conduct ./_Official_Sensitive__Donnelly__Robert_SoS_decision.pdf-and the interest of retaining the teacher in the profession. ./_Official_Sensitive__Donnelly__Robert_SoS_decision.pdf- ./_Official_Sensitive__Donnelly__Robert_SoS_decision.pdf-In light of the panel’s findings against Mr Donnelly, which involved inappropriate conduct ./_Official_Sensitive__Donnelly__Robert_SoS_decision.pdf:which was considered to be of a sexual nature and sexually motivated, there was a ./_Official_Sensitive__Donnelly__Robert_SoS_decision.pdf-strong public interest consideration in respect of the protection of pupils given the serious ./_Official_Sensitive__Donnelly__Robert_SoS_decision.pdf-findings of inappropriate relationships with children. Similarly, the panel considered that ./_Official_Sensitive__Donnelly__Robert_SoS_decision.pdf-public confidence in the profession could be seriously weakened if conduct such as that ./_Official_Sensitive__Donnelly__Robert_SoS_decision.pdf-found against Mr Donnelly was not treated with the utmost seriousness when regulating ./_Official_Sensitive__Donnelly__Robert_SoS_decision.pdf-the conduct of the profession. The panel considered that a strong public interest ./_Official_Sensitive__Donnelly__Robert_SoS_decision.pdf-consideration in declaring proper standards of conduct in the profession was also present ./_Official_Sensitive__Donnelly__Robert_SoS_decision.pdf-as the conduct found against Mr Donnelly was outside that which could reasonably be ./_Official_Sensitive__Donnelly__Robert_SoS_decision.pdf-tolerated. ./_Official_Sensitive__Donnelly__Robert_SoS_decision.pdf- ./_Official_Sensitive__Donnelly__Robert_SoS_decision.pdf- -- ./_Official_Sensitive__Donnelly__Robert_SoS_decision.pdf-prohibition order may be appropriate if certain behaviours of a teacher have been proven. ./_Official_Sensitive__Donnelly__Robert_SoS_decision.pdf-In the list of such behaviours, those that are relevant in this case are: ./_Official_Sensitive__Donnelly__Robert_SoS_decision.pdf- ./_Official_Sensitive__Donnelly__Robert_SoS_decision.pdf-  serious departure from the personal and professional conduct elements of the ./_Official_Sensitive__Donnelly__Robert_SoS_decision.pdf- Teachers’ Standards; ./_Official_Sensitive__Donnelly__Robert_SoS_decision.pdf-  misconduct seriously affecting the education and/or well-being of pupils, and ./_Official_Sensitive__Donnelly__Robert_SoS_decision.pdf- particularly where there is a continuing risk; ./_Official_Sensitive__Donnelly__Robert_SoS_decision.pdf-  a deep-seated attitude that leads to harmful behaviour; ./_Official_Sensitive__Donnelly__Robert_SoS_decision.pdf-  abuse of position or trust (particularly involving vulnerable pupils) or violation of the ./_Official_Sensitive__Donnelly__Robert_SoS_decision.pdf- rights of pupils; and ./_Official_Sensitive__Donnelly__Robert_SoS_decision.pdf:  sexual misconduct, e.g. involving actions that were sexually motivated or of a ./_Official_Sensitive__Donnelly__Robert_SoS_decision.pdf: sexual nature and that use or exploit the trust, knowledge or influence derived ./_Official_Sensitive__Donnelly__Robert_SoS_decision.pdf- from the individual’s professional position. ./_Official_Sensitive__Donnelly__Robert_SoS_decision.pdf-Even though there were behaviours that would point to a prohibition order being ./_Official_Sensitive__Donnelly__Robert_SoS_decision.pdf-appropriate, the panel went on to consider whether or not there were sufficient mitigating ./_Official_Sensitive__Donnelly__Robert_SoS_decision.pdf-factors to militate against a prohibition order being an appropriate and proportionate ./_Official_Sensitive__Donnelly__Robert_SoS_decision.pdf-measure to impose, particularly taking into account the nature and severity of the ./_Official_Sensitive__Donnelly__Robert_SoS_decision.pdf-behaviour in this case. In light of the panel’s findings, there was no evidence that the ./_Official_Sensitive__Donnelly__Robert_SoS_decision.pdf-teacher’s actions were not deliberate and there was no evidence to suggest that the ./_Official_Sensitive__Donnelly__Robert_SoS_decision.pdf-teacher was acting under duress, and in fact the panel found the teacher’s actions to be ./_Official_Sensitive__Donnelly__Robert_SoS_decision.pdf-calculated and motivated. ./_Official_Sensitive__Donnelly__Robert_SoS_decision.pdf- -- ./_Official_Sensitive__Donnelly__Robert_SoS_decision.pdf-Recommending that publication of adverse findings was sufficient in the case would ./_Official_Sensitive__Donnelly__Robert_SoS_decision.pdf-unacceptably compromise the public interest considerations present in this case, despite ./_Official_Sensitive__Donnelly__Robert_SoS_decision.pdf-the severity of consequences for the teacher of prohibition. ./_Official_Sensitive__Donnelly__Robert_SoS_decision.pdf- ./_Official_Sensitive__Donnelly__Robert_SoS_decision.pdf-The panel was of the view that prohibition was both proportionate and appropriate. The ./_Official_Sensitive__Donnelly__Robert_SoS_decision.pdf-panel decided that the public interest considerations outweigh the interests of Mr ./_Official_Sensitive__Donnelly__Robert_SoS_decision.pdf:Donnelly because the conduct towards pupils was sexual and predatory, which was a ./_Official_Sensitive__Donnelly__Robert_SoS_decision.pdf-significant factor in forming that opinion. Accordingly, the panel made a recommendation ./_Official_Sensitive__Donnelly__Robert_SoS_decision.pdf-to the Secretary of State that a prohibition order should be imposed with immediate ./_Official_Sensitive__Donnelly__Robert_SoS_decision.pdf-effect. ./_Official_Sensitive__Donnelly__Robert_SoS_decision.pdf- ./_Official_Sensitive__Donnelly__Robert_SoS_decision.pdf-The panel went on to consider whether or not it would be appropriate for them to decide ./_Official_Sensitive__Donnelly__Robert_SoS_decision.pdf-to recommend that a review period of the order should be considered. The panel was ./_Official_Sensitive__Donnelly__Robert_SoS_decision.pdf-mindful that the Advice stated that a prohibition order applies for life, but there may be ./_Official_Sensitive__Donnelly__Robert_SoS_decision.pdf-circumstances in any given case that may make it appropriate to allow a teacher to apply ./_Official_Sensitive__Donnelly__Robert_SoS_decision.pdf-to have the prohibition order reviewed after a specified period of time that may not be ./_Official_Sensitive__Donnelly__Robert_SoS_decision.pdf-less than 2 years. ./_Official_Sensitive__Donnelly__Robert_SoS_decision.pdf- ./_Official_Sensitive__Donnelly__Robert_SoS_decision.pdf-The Advice indicated that there are behaviours that, if proven, would militate against a ./_Official_Sensitive__Donnelly__Robert_SoS_decision.pdf:review period being recommended. This behaviour includes serious sexual misconduct, ./_Official_Sensitive__Donnelly__Robert_SoS_decision.pdf:e.g. where the act was sexually motivated and resulted in or had the potential to result in, ./_Official_Sensitive__Donnelly__Robert_SoS_decision.pdf-harm to a person or persons, particularly where the individual has used their professional ./_Official_Sensitive__Donnelly__Robert_SoS_decision.pdf-position to influence or exploit a person or persons. Mr Donnelly has shown limited ./_Official_Sensitive__Donnelly__Robert_SoS_decision.pdf-insight into his behaviour but in his witness statement, he expressed remorse for any ./_Official_Sensitive__Donnelly__Robert_SoS_decision.pdf-distress caused and realisation that his actions were misguided. ./_Official_Sensitive__Donnelly__Robert_SoS_decision.pdf- ./_Official_Sensitive__Donnelly__Robert_SoS_decision.pdf-The panel felt the findings indicated a situation in which a review period would not be ./_Official_Sensitive__Donnelly__Robert_SoS_decision.pdf-appropriate and as such decided that it would be proportionate in all the circumstances ./_Official_Sensitive__Donnelly__Robert_SoS_decision.pdf-for the prohibition order to be recommended without provision for a review period. ./_Official_Sensitive__Donnelly__Robert_SoS_decision.pdf- ./_Official_Sensitive__Donnelly__Robert_SoS_decision.pdf- -- ./_Official_Sensitive__Donnelly__Robert_SoS_decision.pdf- statutory provisions. ./_Official_Sensitive__Donnelly__Robert_SoS_decision.pdf-  Teachers must have proper and professional regard for the ethos, policies and ./_Official_Sensitive__Donnelly__Robert_SoS_decision.pdf- practices of the school in which they teach. ./_Official_Sensitive__Donnelly__Robert_SoS_decision.pdf-  Teachers must have an understanding of, and always act within, the statutory ./_Official_Sensitive__Donnelly__Robert_SoS_decision.pdf- frameworks which set out their professional duties and responsibilities. ./_Official_Sensitive__Donnelly__Robert_SoS_decision.pdf-The panel finds that the conduct of Mr Donnelly fell significantly short of the standards ./_Official_Sensitive__Donnelly__Robert_SoS_decision.pdf-expected of the profession. ./_Official_Sensitive__Donnelly__Robert_SoS_decision.pdf- ./_Official_Sensitive__Donnelly__Robert_SoS_decision.pdf-The panel also considered whether Mr Donnelly conduct displayed behaviours ./_Official_Sensitive__Donnelly__Robert_SoS_decision.pdf-associated with any of the offences listed on pages 8 and 9 of the Advice and the panel ./_Official_Sensitive__Donnelly__Robert_SoS_decision.pdf:found, “that the offence of sexual activity was relevant.” ./_Official_Sensitive__Donnelly__Robert_SoS_decision.pdf- ./_Official_Sensitive__Donnelly__Robert_SoS_decision.pdf:The findings of misconduct are particularly serious as they include a finding of sexual ./_Official_Sensitive__Donnelly__Robert_SoS_decision.pdf-misconduct. ./_Official_Sensitive__Donnelly__Robert_SoS_decision.pdf- ./_Official_Sensitive__Donnelly__Robert_SoS_decision.pdf-I have to determine whether the imposition of a prohibition order is proportionate and in ./_Official_Sensitive__Donnelly__Robert_SoS_decision.pdf-the public interest. In considering that for this case, I have considered the overall aim of a ./_Official_Sensitive__Donnelly__Robert_SoS_decision.pdf-prohibition order which is to protect pupils and to maintain public confidence in the ./_Official_Sensitive__Donnelly__Robert_SoS_decision.pdf-profession. I have considered the extent to which a prohibition order in this case would ./_Official_Sensitive__Donnelly__Robert_SoS_decision.pdf-achieve that aim taking into account the impact that it will have on the individual teacher. ./_Official_Sensitive__Donnelly__Robert_SoS_decision.pdf-I have also asked myself, whether a less intrusive measure, such as the published ./_Official_Sensitive__Donnelly__Robert_SoS_decision.pdf-finding of unacceptable professional conduct and conduct that may bring the profession ./_Official_Sensitive__Donnelly__Robert_SoS_decision.pdf-into disrepute, would itself be sufficient to achieve the overall aim. I have to consider ./_Official_Sensitive__Donnelly__Robert_SoS_decision.pdf-whether the consequences of such a publication are themselves sufficient. I have ./_Official_Sensitive__Donnelly__Robert_SoS_decision.pdf-considered therefore whether or not prohibiting Mr Donnelly, and the impact that will have ./_Official_Sensitive__Donnelly__Robert_SoS_decision.pdf-on him, is proportionate and in the public interest. ./_Official_Sensitive__Donnelly__Robert_SoS_decision.pdf- ./_Official_Sensitive__Donnelly__Robert_SoS_decision.pdf-In this case, I have considered the extent to which a prohibition order would protect ./_Official_Sensitive__Donnelly__Robert_SoS_decision.pdf-children. The panel has observed, “In light of the panel’s findings against Mr Donnelly, ./_Official_Sensitive__Donnelly__Robert_SoS_decision.pdf:which involved inappropriate conduct which was considered to be of a sexual nature and ./_Official_Sensitive__Donnelly__Robert_SoS_decision.pdf:sexually motivated, there was a strong public interest consideration in respect of the ./_Official_Sensitive__Donnelly__Robert_SoS_decision.pdf-protection of pupils given the serious findings of inappropriate relationships with children.” ./_Official_Sensitive__Donnelly__Robert_SoS_decision.pdf-A prohibition order would therefore prevent such a risk from being present in the future. I ./_Official_Sensitive__Donnelly__Robert_SoS_decision.pdf-have also taken into account the panel’s comments on insight and remorse, which the ./_Official_Sensitive__Donnelly__Robert_SoS_decision.pdf-panel sets out as follows, “the panel had regard to Mr Donnelly’s witness statement ./_Official_Sensitive__Donnelly__Robert_SoS_decision.pdf-where he stated that he realised his actions were misguided, showed a lack of ./_Official_Sensitive__Donnelly__Robert_SoS_decision.pdf-understanding of child protection procedures, breached professional boundaries and ./_Official_Sensitive__Donnelly__Robert_SoS_decision.pdf- ./_Official_Sensitive__Donnelly__Robert_SoS_decision.pdf- 20 ./_Official_Sensitive__Donnelly__Robert_SoS_decision.pdf- -- ./_Official_Sensitive__Donnelly__Robert_SoS_decision.pdf-loves and to which he had dedicated his adult life.”. The panel go on to say, “Mr Donnelly ./_Official_Sensitive__Donnelly__Robert_SoS_decision.pdf-has shown limited insight into his behaviour”. In my judgement, the lack of full insight ./_Official_Sensitive__Donnelly__Robert_SoS_decision.pdf-means that there is some risk of the repetition of this behaviour and this puts at risk ./_Official_Sensitive__Donnelly__Robert_SoS_decision.pdf-future safeguarding of pupils. I have therefore given this element considerable weight in ./_Official_Sensitive__Donnelly__Robert_SoS_decision.pdf-reaching my decision. ./_Official_Sensitive__Donnelly__Robert_SoS_decision.pdf- ./_Official_Sensitive__Donnelly__Robert_SoS_decision.pdf-I have gone on to consider the extent to which a prohibition order would maintain public ./_Official_Sensitive__Donnelly__Robert_SoS_decision.pdf-confidence in the profession. The panel observe, “public confidence in the profession ./_Official_Sensitive__Donnelly__Robert_SoS_decision.pdf-could be seriously weakened if conduct such as that found against Mr Donnelly was not ./_Official_Sensitive__Donnelly__Robert_SoS_decision.pdf-treated with the utmost seriousness when regulating the conduct of the profession.” I am ./_Official_Sensitive__Donnelly__Robert_SoS_decision.pdf:particularly mindful of the finding of sexual misconduct in this case and the impact that ./_Official_Sensitive__Donnelly__Robert_SoS_decision.pdf-such a finding has on the reputation of the profession. ./_Official_Sensitive__Donnelly__Robert_SoS_decision.pdf- ./_Official_Sensitive__Donnelly__Robert_SoS_decision.pdf-I have had to consider that the public has a high expectation of professional standards of ./_Official_Sensitive__Donnelly__Robert_SoS_decision.pdf-all teachers and that the public might regard a failure to impose a prohibition order as a ./_Official_Sensitive__Donnelly__Robert_SoS_decision.pdf-failure to uphold those high standards. In weighing these considerations, I have had to ./_Official_Sensitive__Donnelly__Robert_SoS_decision.pdf-consider the matter from the point of view of an “ordinary intelligent and well-informed ./_Official_Sensitive__Donnelly__Robert_SoS_decision.pdf-citizen.” ./_Official_Sensitive__Donnelly__Robert_SoS_decision.pdf- ./_Official_Sensitive__Donnelly__Robert_SoS_decision.pdf-I have considered whether the publication of a finding of unacceptable professional ./_Official_Sensitive__Donnelly__Robert_SoS_decision.pdf-conduct, in the absence of a prohibition order, can itself be regarded by such a person as -- ./_Official_Sensitive__Donnelly__Robert_SoS_decision.pdf-I have gone on to consider the matter of a review period. In this case, the panel has ./_Official_Sensitive__Donnelly__Robert_SoS_decision.pdf-recommended that no provision should be made for a review period. ./_Official_Sensitive__Donnelly__Robert_SoS_decision.pdf- ./_Official_Sensitive__Donnelly__Robert_SoS_decision.pdf:I have considered the panel’s comments, “This behaviour includes serious sexual ./_Official_Sensitive__Donnelly__Robert_SoS_decision.pdf:misconduct, e.g. where the act was sexually motivated and resulted in or had the ./_Official_Sensitive__Donnelly__Robert_SoS_decision.pdf-potential to result in, harm to a person or persons, particularly where the individual has ./_Official_Sensitive__Donnelly__Robert_SoS_decision.pdf-used their professional position to influence or exploit a person or persons. Mr Donnelly ./_Official_Sensitive__Donnelly__Robert_SoS_decision.pdf-has shown limited insight into his behaviour but in his witness statement, he expressed ./_Official_Sensitive__Donnelly__Robert_SoS_decision.pdf-remorse for any distress caused and realisation that his actions were misguided.” ./_Official_Sensitive__Donnelly__Robert_SoS_decision.pdf- ./_Official_Sensitive__Donnelly__Robert_SoS_decision.pdf-I have considered whether a 2 year review period reflects the seriousness of the findings ./_Official_Sensitive__Donnelly__Robert_SoS_decision.pdf-and is a proportionate period to achieve the aim of maintaining public confidence in the ./_Official_Sensitive__Donnelly__Robert_SoS_decision.pdf-profession. In this case, two factors mean that a two-year review period is not sufficient to ./_Official_Sensitive__Donnelly__Robert_SoS_decision.pdf-achieve the aim of maintaining public confidence in the profession. These elements are ./_Official_Sensitive__Donnelly__Robert_SoS_decision.pdf-the nature of the misconduct found and the lack of full insight. ./_OFFICIAL_SENSITIVE__Donohoe_Tom_SoS_decision_redacted.pdf- occasions towards one or more staff members, including by: ./_OFFICIAL_SENSITIVE__Donohoe_Tom_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Donohoe_Tom_SoS_decision_redacted.pdf- a) buying one or more gifts for staff members, and/or telling one or more staff ./_OFFICIAL_SENSITIVE__Donohoe_Tom_SoS_decision_redacted.pdf- members to keep those gifts a secret; ./_OFFICIAL_SENSITIVE__Donohoe_Tom_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Donohoe_Tom_SoS_decision_redacted.pdf- b) asking one or more staff members to wear items of clothing that he had ./_OFFICIAL_SENSITIVE__Donohoe_Tom_SoS_decision_redacted.pdf- purchased and/or taking photographs and/or videos of one or more staff ./_OFFICIAL_SENSITIVE__Donohoe_Tom_SoS_decision_redacted.pdf- members whilst they were wearing those items of clothing; ./_OFFICIAL_SENSITIVE__Donohoe_Tom_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Donohoe_Tom_SoS_decision_redacted.pdf- c) telling Witness C that he used the photographs and/or videos of her and/or ./_OFFICIAL_SENSITIVE__Donohoe_Tom_SoS_decision_redacted.pdf: others for sexual gratification, or words to that effect; ./_OFFICIAL_SENSITIVE__Donohoe_Tom_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Donohoe_Tom_SoS_decision_redacted.pdf- d) telling Witness C that the images and/or videos of Witness C kept his ./_OFFICIAL_SENSITIVE__Donohoe_Tom_SoS_decision_redacted.pdf- marriage going, or words to this effect; ./_OFFICIAL_SENSITIVE__Donohoe_Tom_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Donohoe_Tom_SoS_decision_redacted.pdf- e) making inappropriate comments to staff members, including by: ./_OFFICIAL_SENSITIVE__Donohoe_Tom_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Donohoe_Tom_SoS_decision_redacted.pdf: i. asking Witness C about her sex life and/or her personal relationships ./_OFFICIAL_SENSITIVE__Donohoe_Tom_SoS_decision_redacted.pdf- on one or more occasions; ./_OFFICIAL_SENSITIVE__Donohoe_Tom_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Donohoe_Tom_SoS_decision_redacted.pdf- ii. commenting upon staff members’ physical appearances. ./_OFFICIAL_SENSITIVE__Donohoe_Tom_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Donohoe_Tom_SoS_decision_redacted.pdf- f) saying to Witness B that she would not be welcome at the school if she was ./_OFFICIAL_SENSITIVE__Donohoe_Tom_SoS_decision_redacted.pdf- expecting to have more children; ./_OFFICIAL_SENSITIVE__Donohoe_Tom_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Donohoe_Tom_SoS_decision_redacted.pdf- g) saying to a staff member that she was a ‘fucking cunt’, or a comment to this ./_OFFICIAL_SENSITIVE__Donohoe_Tom_SoS_decision_redacted.pdf- effect, and/or becoming aggressive, when this staff member told him that ./_OFFICIAL_SENSITIVE__Donohoe_Tom_SoS_decision_redacted.pdf- she was pregnant; -- ./_OFFICIAL_SENSITIVE__Donohoe_Tom_SoS_decision_redacted.pdf- a) sharing interview information with Witness B before this interview ./_OFFICIAL_SENSITIVE__Donohoe_Tom_SoS_decision_redacted.pdf- information was shared with any other candidate; ./_OFFICIAL_SENSITIVE__Donohoe_Tom_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Donohoe_Tom_SoS_decision_redacted.pdf- b) telling a Governor, who was on the interview panel, that Witness B was his ./_OFFICIAL_SENSITIVE__Donohoe_Tom_SoS_decision_redacted.pdf- favoured candidate. ./_OFFICIAL_SENSITIVE__Donohoe_Tom_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Donohoe_Tom_SoS_decision_redacted.pdf- 8. His conduct at allegations 5,6 and 7 above was dishonest and/or demonstrated a ./_OFFICIAL_SENSITIVE__Donohoe_Tom_SoS_decision_redacted.pdf- lack of integrity. ./_OFFICIAL_SENSITIVE__Donohoe_Tom_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Donohoe_Tom_SoS_decision_redacted.pdf- 9. His behaviour as may be found proven at allegations 1b-d and 2 above was ./_OFFICIAL_SENSITIVE__Donohoe_Tom_SoS_decision_redacted.pdf: conduct of a sexual nature and/or was sexually motivated. ./_OFFICIAL_SENSITIVE__Donohoe_Tom_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Donohoe_Tom_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Donohoe_Tom_SoS_decision_redacted.pdf-Mr Donohoe admitted: ./_OFFICIAL_SENSITIVE__Donohoe_Tom_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Donohoe_Tom_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Donohoe_Tom_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Donohoe_Tom_SoS_decision_redacted.pdf- 6 ./_OFFICIAL_SENSITIVE__Donohoe_Tom_SoS_decision_redacted.pdf- -- ./_OFFICIAL_SENSITIVE__Donohoe_Tom_SoS_decision_redacted.pdf-never asked her to try on a coat again. ./_OFFICIAL_SENSITIVE__Donohoe_Tom_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Donohoe_Tom_SoS_decision_redacted.pdf-As part of HCC’s investigation, IT equipment used by Mr Donohoe was searched by their ./_OFFICIAL_SENSITIVE__Donohoe_Tom_SoS_decision_redacted.pdf-IT team. In October 2018, Witness E reviewed the images that had been recovered. She ./_OFFICIAL_SENSITIVE__Donohoe_Tom_SoS_decision_redacted.pdf-said there were around 4,300 images altogether, albeit that included some duplication of ./_OFFICIAL_SENSITIVE__Donohoe_Tom_SoS_decision_redacted.pdf-the images. The images showed staff members wearing the coats and boots that were in ./_OFFICIAL_SENSITIVE__Donohoe_Tom_SoS_decision_redacted.pdf-the wardrobe. She said about two thirds of images were photos of Witness C and were ./_OFFICIAL_SENSITIVE__Donohoe_Tom_SoS_decision_redacted.pdf-dated between 2009 and December 2017. There are also images of Witness A and a ./_OFFICIAL_SENSITIVE__Donohoe_Tom_SoS_decision_redacted.pdf-former member of the governing body. ./_OFFICIAL_SENSITIVE__Donohoe_Tom_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Donohoe_Tom_SoS_decision_redacted.pdf:Witness E said there was nothing overtly sexual about the images. In most of the photos, ./_OFFICIAL_SENSITIVE__Donohoe_Tom_SoS_decision_redacted.pdf-the staff member looked happy and was smiling. The majority of the photographs ./_OFFICIAL_SENSITIVE__Donohoe_Tom_SoS_decision_redacted.pdf-appeared to have been taken on the school premises including in Mr Donohoe’s office, ./_OFFICIAL_SENSITIVE__Donohoe_Tom_SoS_decision_redacted.pdf-the school hall, and the staff room. It was apparent from a clock that could be seen in ./_OFFICIAL_SENSITIVE__Donohoe_Tom_SoS_decision_redacted.pdf-some of the images, that some had been taken late in the evening. Some of these ./_OFFICIAL_SENSITIVE__Donohoe_Tom_SoS_decision_redacted.pdf-images were as late as around 9pm. Witness E confirmed it was an analogue 12-hour ./_OFFICIAL_SENSITIVE__Donohoe_Tom_SoS_decision_redacted.pdf-clock that could be seen in the images, but that the images also include being able to see ./_OFFICIAL_SENSITIVE__Donohoe_Tom_SoS_decision_redacted.pdf-the window and as it was dark outside it confirmed to her that they were taken in the ./_OFFICIAL_SENSITIVE__Donohoe_Tom_SoS_decision_redacted.pdf-evening. ./_OFFICIAL_SENSITIVE__Donohoe_Tom_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Donohoe_Tom_SoS_decision_redacted.pdf-Mr Donohoe agreed that he did ask some staff members to try on coats, to ascertain ./_OFFICIAL_SENSITIVE__Donohoe_Tom_SoS_decision_redacted.pdf-size, which were presents for his [REDACTED]. He accepted this was inappropriate. He ./_OFFICIAL_SENSITIVE__Donohoe_Tom_SoS_decision_redacted.pdf-did take photos too, but this was only with their permission and only to help ascertain ./_OFFICIAL_SENSITIVE__Donohoe_Tom_SoS_decision_redacted.pdf-size. He accepted that this activity was inappropriate and unprofessional. ./_OFFICIAL_SENSITIVE__Donohoe_Tom_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Donohoe_Tom_SoS_decision_redacted.pdf-The panel was satisfied that the consistency of the witness evidence and on Mr ./_OFFICIAL_SENSITIVE__Donohoe_Tom_SoS_decision_redacted.pdf-Donohoe's own admission to this allegation, showed that this allegation was more likely ./_OFFICIAL_SENSITIVE__Donohoe_Tom_SoS_decision_redacted.pdf-than not to have occurred and therefore found this allegation proved. ./_OFFICIAL_SENSITIVE__Donohoe_Tom_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Donohoe_Tom_SoS_decision_redacted.pdf- c) telling Witness C that you used the photographs and/or videos of her ./_OFFICIAL_SENSITIVE__Donohoe_Tom_SoS_decision_redacted.pdf: and/or others for sexual gratification, or words to that effect; ./_OFFICIAL_SENSITIVE__Donohoe_Tom_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Donohoe_Tom_SoS_decision_redacted.pdf-In Witness C’s written statement, she stated “He told me that he looked at the pictures ./_OFFICIAL_SENSITIVE__Donohoe_Tom_SoS_decision_redacted.pdf-and they turned him on… and then Mr Donohoe alluded to the fact that he would ./_OFFICIAL_SENSITIVE__Donohoe_Tom_SoS_decision_redacted.pdf-sometimes look at the photos when he masturbated; although I cannot recall if he used ./_OFFICIAL_SENSITIVE__Donohoe_Tom_SoS_decision_redacted.pdf-that exact term”. In her oral evidence, she confirmed that he did not use the word ./_OFFICIAL_SENSITIVE__Donohoe_Tom_SoS_decision_redacted.pdf-masturbate, but stated that he ‘enjoyed looking at them at home’. ./_OFFICIAL_SENSITIVE__Donohoe_Tom_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Donohoe_Tom_SoS_decision_redacted.pdf-Mr Donohoe denied making these remarks. ./_OFFICIAL_SENSITIVE__Donohoe_Tom_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Donohoe_Tom_SoS_decision_redacted.pdf- -- ./_OFFICIAL_SENSITIVE__Donohoe_Tom_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Donohoe_Tom_SoS_decision_redacted.pdf-Mr Donohoe denied making any such comments. ./_OFFICIAL_SENSITIVE__Donohoe_Tom_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Donohoe_Tom_SoS_decision_redacted.pdf-The panel considered that a short, singular hearsay comment was insufficient evidence ./_OFFICIAL_SENSITIVE__Donohoe_Tom_SoS_decision_redacted.pdf-to satisfy it that it was more likely than not, that Mr Donohoe made such remark. ./_OFFICIAL_SENSITIVE__Donohoe_Tom_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Donohoe_Tom_SoS_decision_redacted.pdf-Accordingly, the panel found this allegation not proved. ./_OFFICIAL_SENSITIVE__Donohoe_Tom_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Donohoe_Tom_SoS_decision_redacted.pdf- e) making inappropriate comments to staff members, including by: ./_OFFICIAL_SENSITIVE__Donohoe_Tom_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Donohoe_Tom_SoS_decision_redacted.pdf: i. asking Witness C about her sex life and/or her personal ./_OFFICIAL_SENSITIVE__Donohoe_Tom_SoS_decision_redacted.pdf- relationships on one or more occasions; ./_OFFICIAL_SENSITIVE__Donohoe_Tom_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Donohoe_Tom_SoS_decision_redacted.pdf-Witness C explained in her evidence that her [REDACTED]at the time was living in ./_OFFICIAL_SENSITIVE__Donohoe_Tom_SoS_decision_redacted.pdf-[REDACTED]. Mr Donohoe was aware that she would travel there on the weekends to ./_OFFICIAL_SENSITIVE__Donohoe_Tom_SoS_decision_redacted.pdf-see him. As a result of this, Mr Donohoe made arrangements for Witness C to come into ./_OFFICIAL_SENSITIVE__Donohoe_Tom_SoS_decision_redacted.pdf-the School on a Sunday afternoon to undertake work tasks. On one occasion at the ./_OFFICIAL_SENSITIVE__Donohoe_Tom_SoS_decision_redacted.pdf:School on a Sunday afternoon, Mr Donohoe asked her if she had had sex that morning. ./_OFFICIAL_SENSITIVE__Donohoe_Tom_SoS_decision_redacted.pdf-She refused to tell him, to which he responded that she must have done otherwise she ./_OFFICIAL_SENSITIVE__Donohoe_Tom_SoS_decision_redacted.pdf-would have said no. Witness C stated that he then went on to tell her that she disgusted ./_OFFICIAL_SENSITIVE__Donohoe_Tom_SoS_decision_redacted.pdf-him and asked her to leave. ./_OFFICIAL_SENSITIVE__Donohoe_Tom_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Donohoe_Tom_SoS_decision_redacted.pdf-Witness A stated in her evidence that Mr Donohoe had made comments to her about ./_OFFICIAL_SENSITIVE__Donohoe_Tom_SoS_decision_redacted.pdf:Witness C’s sex life and about how much she liked sex. He further went on to talk about ./_OFFICIAL_SENSITIVE__Donohoe_Tom_SoS_decision_redacted.pdf-Witness C's [REDACTED] at the time and how much he didn't like him. ./_OFFICIAL_SENSITIVE__Donohoe_Tom_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Donohoe_Tom_SoS_decision_redacted.pdf-Mr Donohoe denied this allegation. He accepted there may have been points in their ./_OFFICIAL_SENSITIVE__Donohoe_Tom_SoS_decision_redacted.pdf-relationship that he and Witness C had discussions of this nature over the years, but that ./_OFFICIAL_SENSITIVE__Donohoe_Tom_SoS_decision_redacted.pdf-they would have been at Witness C’s instigation. ./_OFFICIAL_SENSITIVE__Donohoe_Tom_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Donohoe_Tom_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Donohoe_Tom_SoS_decision_redacted.pdf- 16 ./_OFFICIAL_SENSITIVE__Donohoe_Tom_SoS_decision_redacted.pdf- -- ./_OFFICIAL_SENSITIVE__Donohoe_Tom_SoS_decision_redacted.pdf-Further to the witness accounts, there was direct mention about Witness C’s private ./_OFFICIAL_SENSITIVE__Donohoe_Tom_SoS_decision_redacted.pdf:relationships and her sex life in the letter sent from Mr Donohoe to Witness C. The panel ./_OFFICIAL_SENSITIVE__Donohoe_Tom_SoS_decision_redacted.pdf-was therefore satisfied that it was more likely than not that Mr Donohoe had asked ./_OFFICIAL_SENSITIVE__Donohoe_Tom_SoS_decision_redacted.pdf:Witness C about her sex life and personal relationships at some point throughout their ./_OFFICIAL_SENSITIVE__Donohoe_Tom_SoS_decision_redacted.pdf-lengthy and close friendship. The panel considered that conversations of these nature ./_OFFICIAL_SENSITIVE__Donohoe_Tom_SoS_decision_redacted.pdf-would be unprofessional and inappropriate. This further illustrated the breakdown of the ./_OFFICIAL_SENSITIVE__Donohoe_Tom_SoS_decision_redacted.pdf-boundary between professional and private relationship that had occurred between Mr ./_OFFICIAL_SENSITIVE__Donohoe_Tom_SoS_decision_redacted.pdf-Donohoe as a Headteacher and Witness C. ./_OFFICIAL_SENSITIVE__Donohoe_Tom_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Donohoe_Tom_SoS_decision_redacted.pdf-Accordingly, the panel found this allegation proved. ./_OFFICIAL_SENSITIVE__Donohoe_Tom_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Donohoe_Tom_SoS_decision_redacted.pdf- ii. commenting upon staff members’ physical appearances. ./_OFFICIAL_SENSITIVE__Donohoe_Tom_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Donohoe_Tom_SoS_decision_redacted.pdf-Witness B agreed in her evidence there was an occasion when she was working in a -- ./_OFFICIAL_SENSITIVE__Donohoe_Tom_SoS_decision_redacted.pdf-7(a) only. The panel considered that Mr Donohoe’s actions in providing the information to ./_OFFICIAL_SENSITIVE__Donohoe_Tom_SoS_decision_redacted.pdf-Witness B in advance of the other candidates would not amount to dishonesty in the ./_OFFICIAL_SENSITIVE__Donohoe_Tom_SoS_decision_redacted.pdf-consideration of the objective assessment of his actions. The panel further considered ./_OFFICIAL_SENSITIVE__Donohoe_Tom_SoS_decision_redacted.pdf-that it would not have amounted to acting with a lack of integrity. The panel considered ./_OFFICIAL_SENSITIVE__Donohoe_Tom_SoS_decision_redacted.pdf-that Mr Donohoe’s actions were more properly assessed as being ‘over enthusiastic’ in ./_OFFICIAL_SENSITIVE__Donohoe_Tom_SoS_decision_redacted.pdf-his attempt to recruit Witness B as she was being mentored by him. ./_OFFICIAL_SENSITIVE__Donohoe_Tom_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Donohoe_Tom_SoS_decision_redacted.pdf-The panel therefore found this allegation not proved. ./_OFFICIAL_SENSITIVE__Donohoe_Tom_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Donohoe_Tom_SoS_decision_redacted.pdf-9. Your behaviour as may be found proven at allegations 1b-d and 2 above was ./_OFFICIAL_SENSITIVE__Donohoe_Tom_SoS_decision_redacted.pdf:conduct of a sexual nature and/or was sexually motivated. ./_OFFICIAL_SENSITIVE__Donohoe_Tom_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Donohoe_Tom_SoS_decision_redacted.pdf-In light of the above findings, the panel considered this allegation in relation to allegations ./_OFFICIAL_SENSITIVE__Donohoe_Tom_SoS_decision_redacted.pdf-1(b) and 2(a), 2(b) 2(d). ./_OFFICIAL_SENSITIVE__Donohoe_Tom_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Donohoe_Tom_SoS_decision_redacted.pdf-The panel took into account the number of pictures of female staff and the amount of ./_OFFICIAL_SENSITIVE__Donohoe_Tom_SoS_decision_redacted.pdf-time this took place over, which was measured in years. The panel further took into ./_OFFICIAL_SENSITIVE__Donohoe_Tom_SoS_decision_redacted.pdf-account Mr Donohoe’s explanation that it was simply to check for the sizing of the ./_OFFICIAL_SENSITIVE__Donohoe_Tom_SoS_decision_redacted.pdf-garments, before gifting them to his [REDACTED]. The panel considered this an ./_OFFICIAL_SENSITIVE__Donohoe_Tom_SoS_decision_redacted.pdf-improbable explanation in light of the volume of images and time period in which this had ./_OFFICIAL_SENSITIVE__Donohoe_Tom_SoS_decision_redacted.pdf-occurred. The panel also considered the other references in the evidence about female -- ./_OFFICIAL_SENSITIVE__Donohoe_Tom_SoS_decision_redacted.pdf-clothing, such as the reference to wearing tight trousers in the letter Mr Donohoe sent to ./_OFFICIAL_SENSITIVE__Donohoe_Tom_SoS_decision_redacted.pdf-Witness C. ./_OFFICIAL_SENSITIVE__Donohoe_Tom_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Donohoe_Tom_SoS_decision_redacted.pdf-The panel considered that these aspects of the evidence supported the conclusion that it ./_OFFICIAL_SENSITIVE__Donohoe_Tom_SoS_decision_redacted.pdf-was more likely than not that the proven aspects of allegation 1(b) were done for his own ./_OFFICIAL_SENSITIVE__Donohoe_Tom_SoS_decision_redacted.pdf:sexual gratification. ./_OFFICIAL_SENSITIVE__Donohoe_Tom_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Donohoe_Tom_SoS_decision_redacted.pdf-The panel therefore found this allegation proved in so far as it applied to this allegation. ./_OFFICIAL_SENSITIVE__Donohoe_Tom_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Donohoe_Tom_SoS_decision_redacted.pdf-In regard to allegation 2, whilst the panel was of the view they were of an inappropriate ./_OFFICIAL_SENSITIVE__Donohoe_Tom_SoS_decision_redacted.pdf-nature, the panel was not provided with sufficient evidence to be satisfied that the culture ./_OFFICIAL_SENSITIVE__Donohoe_Tom_SoS_decision_redacted.pdf-of hugging, the instance where Mr Donohoe placed his hand into the pocket, or the wider ./_OFFICIAL_SENSITIVE__Donohoe_Tom_SoS_decision_redacted.pdf:conduct of touching staff, were of a sexual nature or sexually motivated and therefore ./_OFFICIAL_SENSITIVE__Donohoe_Tom_SoS_decision_redacted.pdf-found this allegation not proved. ./_OFFICIAL_SENSITIVE__Donohoe_Tom_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Donohoe_Tom_SoS_decision_redacted.pdf-Findings as to unacceptable professional conduct and/or conduct that ./_OFFICIAL_SENSITIVE__Donohoe_Tom_SoS_decision_redacted.pdf-may bring the profession into disrepute ./_OFFICIAL_SENSITIVE__Donohoe_Tom_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Donohoe_Tom_SoS_decision_redacted.pdf-Having found a number of the allegations proved, the panel went on to consider whether ./_OFFICIAL_SENSITIVE__Donohoe_Tom_SoS_decision_redacted.pdf-the facts of those proved allegations amounted to unacceptable professional conduct ./_OFFICIAL_SENSITIVE__Donohoe_Tom_SoS_decision_redacted.pdf-and/or conduct that may bring the profession into disrepute. ./_OFFICIAL_SENSITIVE__Donohoe_Tom_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Donohoe_Tom_SoS_decision_redacted.pdf-In doing so, the panel had regard to the document Teacher Misconduct: The Prohibition -- ./_OFFICIAL_SENSITIVE__Donohoe_Tom_SoS_decision_redacted.pdf-The panel was satisfied that the conduct of Mr Donohoe amounted to misconduct of a ./_OFFICIAL_SENSITIVE__Donohoe_Tom_SoS_decision_redacted.pdf-serious nature which fell significantly short of the standards expected of the profession. ./_OFFICIAL_SENSITIVE__Donohoe_Tom_SoS_decision_redacted.pdf-The evidence before the panel demonstrated that Mr Donohoe, in the most senior ./_OFFICIAL_SENSITIVE__Donohoe_Tom_SoS_decision_redacted.pdf-professional position at a school, allowed an inappropriate and unprofessional culture to ./_OFFICIAL_SENSITIVE__Donohoe_Tom_SoS_decision_redacted.pdf-continue for a significant period of time which had led to the complete erosion between ./_OFFICIAL_SENSITIVE__Donohoe_Tom_SoS_decision_redacted.pdf-the personal and professional boundaries and elements of which were done so for his ./_OFFICIAL_SENSITIVE__Donohoe_Tom_SoS_decision_redacted.pdf:own sexual gratification. ./_OFFICIAL_SENSITIVE__Donohoe_Tom_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Donohoe_Tom_SoS_decision_redacted.pdf-The panel also considered whether conduct displayed behaviours associated with any of ./_OFFICIAL_SENSITIVE__Donohoe_Tom_SoS_decision_redacted.pdf-the offences listed on pages 12 to 14 of the Advice. The panel found that the offences of ./_OFFICIAL_SENSITIVE__Donohoe_Tom_SoS_decision_redacted.pdf-controlling behaviour was relevant, in light of the evidence regarding Mr Donohoe’s ./_OFFICIAL_SENSITIVE__Donohoe_Tom_SoS_decision_redacted.pdf-actions towards other members of staff. The Advice indicates that where behaviours ./_OFFICIAL_SENSITIVE__Donohoe_Tom_SoS_decision_redacted.pdf-associated with such an offence exist, a panel is likely to conclude that an individual’s ./_OFFICIAL_SENSITIVE__Donohoe_Tom_SoS_decision_redacted.pdf-conduct would amount to unacceptable professional conduct. ./_OFFICIAL_SENSITIVE__Donohoe_Tom_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Donohoe_Tom_SoS_decision_redacted.pdf-Accordingly, the panel was satisfied that Mr Donohoe was guilty of unacceptable ./_OFFICIAL_SENSITIVE__Donohoe_Tom_SoS_decision_redacted.pdf-professional conduct. -- ./_OFFICIAL_SENSITIVE__Donohoe_Tom_SoS_decision_redacted.pdf-considerations both in favour of, and against, prohibition as well as the interests of Mr ./_OFFICIAL_SENSITIVE__Donohoe_Tom_SoS_decision_redacted.pdf-Donohoe. The panel took further account of the Advice, which suggests that a prohibition ./_OFFICIAL_SENSITIVE__Donohoe_Tom_SoS_decision_redacted.pdf-order may be appropriate if certain behaviours of a teacher have been proved. In the list ./_OFFICIAL_SENSITIVE__Donohoe_Tom_SoS_decision_redacted.pdf-of such behaviours, those that were relevant in this case were: ./_OFFICIAL_SENSITIVE__Donohoe_Tom_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Donohoe_Tom_SoS_decision_redacted.pdf-  serious departure from the personal and professional conduct elements of the ./_OFFICIAL_SENSITIVE__Donohoe_Tom_SoS_decision_redacted.pdf- Teachers’ Standards; ./_OFFICIAL_SENSITIVE__Donohoe_Tom_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Donohoe_Tom_SoS_decision_redacted.pdf-  abuse of position or trust; ./_OFFICIAL_SENSITIVE__Donohoe_Tom_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Donohoe_Tom_SoS_decision_redacted.pdf:  sexual misconduct, e.g. involving actions that were sexually motivated or of a ./_OFFICIAL_SENSITIVE__Donohoe_Tom_SoS_decision_redacted.pdf: sexual nature and/or that use or exploit the trust, knowledge or influence derived ./_OFFICIAL_SENSITIVE__Donohoe_Tom_SoS_decision_redacted.pdf- from the individual’s professional position; ./_OFFICIAL_SENSITIVE__Donohoe_Tom_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Donohoe_Tom_SoS_decision_redacted.pdf:The panel carefully considered the sexual misconduct element in this case. The panel ./_OFFICIAL_SENSITIVE__Donohoe_Tom_SoS_decision_redacted.pdf-noted it did not relate to any pupil nor did not involve any element of physical touching or ./_OFFICIAL_SENSITIVE__Donohoe_Tom_SoS_decision_redacted.pdf-communication. The conduct related only to the taking of photographs of staff members ./_OFFICIAL_SENSITIVE__Donohoe_Tom_SoS_decision_redacted.pdf-and it was not the case that they were taken without the knowledge of the staff member ./_OFFICIAL_SENSITIVE__Donohoe_Tom_SoS_decision_redacted.pdf:in the photo. Taking these factors into account, the panel considered the sexual ./_OFFICIAL_SENSITIVE__Donohoe_Tom_SoS_decision_redacted.pdf-misconduct in this case was at the very lowest end on the spectrum of this type of ./_OFFICIAL_SENSITIVE__Donohoe_Tom_SoS_decision_redacted.pdf-misconduct. ./_OFFICIAL_SENSITIVE__Donohoe_Tom_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Donohoe_Tom_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Donohoe_Tom_SoS_decision_redacted.pdf- 34 ./_OFFICIAL_SENSITIVE__Donohoe_Tom_SoS_decision_redacted.pdf- -- ./_OFFICIAL_SENSITIVE__Donohoe_Tom_SoS_decision_redacted.pdf-A prohibition order would prevent Mr Donohoe from teaching. A prohibition order would ./_OFFICIAL_SENSITIVE__Donohoe_Tom_SoS_decision_redacted.pdf-also clearly deprive the public of his contribution to the profession for the period that it is ./_OFFICIAL_SENSITIVE__Donohoe_Tom_SoS_decision_redacted.pdf-in force. ./_OFFICIAL_SENSITIVE__Donohoe_Tom_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Donohoe_Tom_SoS_decision_redacted.pdf-In this case, I have placed considerable weight on the panel’s comments, “The panel was ./_OFFICIAL_SENSITIVE__Donohoe_Tom_SoS_decision_redacted.pdf-satisfied that the conduct of Mr Donohoe amounted to misconduct of a serious nature ./_OFFICIAL_SENSITIVE__Donohoe_Tom_SoS_decision_redacted.pdf-which fell significantly short of the standards expected of the profession. The evidence ./_OFFICIAL_SENSITIVE__Donohoe_Tom_SoS_decision_redacted.pdf-before the panel demonstrated that Mr Donohoe, in the most senior professional position ./_OFFICIAL_SENSITIVE__Donohoe_Tom_SoS_decision_redacted.pdf-at a school, allowed an inappropriate and unprofessional culture to continue for a ./_OFFICIAL_SENSITIVE__Donohoe_Tom_SoS_decision_redacted.pdf-significant period of time which had led to the complete erosion between the personal ./_OFFICIAL_SENSITIVE__Donohoe_Tom_SoS_decision_redacted.pdf:and professional boundaries and elements of which were done so for his own sexual ./_OFFICIAL_SENSITIVE__Donohoe_Tom_SoS_decision_redacted.pdf-gratification.” ./_OFFICIAL_SENSITIVE__Donohoe_Tom_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Donohoe_Tom_SoS_decision_redacted.pdf:I have also carefully considered the following comments related to sexual misconduct ./_OFFICIAL_SENSITIVE__Donohoe_Tom_SoS_decision_redacted.pdf:“The panel carefully considered the sexual misconduct element in this case. The panel ./_OFFICIAL_SENSITIVE__Donohoe_Tom_SoS_decision_redacted.pdf-noted it did not relate to any pupil nor did not involve any element of physical touching or ./_OFFICIAL_SENSITIVE__Donohoe_Tom_SoS_decision_redacted.pdf-communication. The conduct related only to the taking of photographs of staff members ./_OFFICIAL_SENSITIVE__Donohoe_Tom_SoS_decision_redacted.pdf-and it was not the case that they were taken without the knowledge of the staff member ./_OFFICIAL_SENSITIVE__Donohoe_Tom_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Donohoe_Tom_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Donohoe_Tom_SoS_decision_redacted.pdf- 38 ./_OFFICIAL_SENSITIVE__Donohoe_Tom_SoS_decision_redacted.pdf- -- ./_OFFICIAL_SENSITIVE__Donohoe_Tom_SoS_decision_redacted.pdf:in the photo. Taking these factors into account, the panel considered the sexual ./_OFFICIAL_SENSITIVE__Donohoe_Tom_SoS_decision_redacted.pdf-misconduct in this case was at the very lowest end on the spectrum of this type of ./_OFFICIAL_SENSITIVE__Donohoe_Tom_SoS_decision_redacted.pdf-misconduct.” ./_OFFICIAL_SENSITIVE__Donohoe_Tom_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Donohoe_Tom_SoS_decision_redacted.pdf-I have also placed considerable weight on the panel’s comments related to Mr Donohoe’s ./_OFFICIAL_SENSITIVE__Donohoe_Tom_SoS_decision_redacted.pdf-contribution to the profession ”The panel noted that Mr Donohoe has been a school ./_OFFICIAL_SENSITIVE__Donohoe_Tom_SoS_decision_redacted.pdf-leader to whom fellow professionals turned for advice in promoting their careers and this ./_OFFICIAL_SENSITIVE__Donohoe_Tom_SoS_decision_redacted.pdf-illustrates the high regard in which he has been held. This situation is in no small part ./_OFFICIAL_SENSITIVE__Donohoe_Tom_SoS_decision_redacted.pdf-attributable to the significant contribution he has made to education in his local area. This ./_OFFICIAL_SENSITIVE__Donohoe_Tom_SoS_decision_redacted.pdf-can be evidenced by him being invited to address educational conferences and the ./_OFFICIAL_SENSITIVE__Donohoe_Tom_SoS_decision_redacted.pdf-considerable efforts he has made in fundraising for his own school and providing the ./_OFFICIAL_SENSITIVE__Duan_Qingqing_SoS_decision_accessibility_checked.pdf-Professional conduct panel decision and recommendations, and decision on ./_OFFICIAL_SENSITIVE__Duan_Qingqing_SoS_decision_accessibility_checked.pdf-behalf of the Secretary of State ./_OFFICIAL_SENSITIVE__Duan_Qingqing_SoS_decision_accessibility_checked.pdf- ./_OFFICIAL_SENSITIVE__Duan_Qingqing_SoS_decision_accessibility_checked.pdf-Teacher: Ms Qingqing Duan ./_OFFICIAL_SENSITIVE__Duan_Qingqing_SoS_decision_accessibility_checked.pdf- ./_OFFICIAL_SENSITIVE__Duan_Qingqing_SoS_decision_accessibility_checked.pdf-TRA reference: 0020134 ./_OFFICIAL_SENSITIVE__Duan_Qingqing_SoS_decision_accessibility_checked.pdf- ./_OFFICIAL_SENSITIVE__Duan_Qingqing_SoS_decision_accessibility_checked.pdf-Date of determination: 27 September 2022 ./_OFFICIAL_SENSITIVE__Duan_Qingqing_SoS_decision_accessibility_checked.pdf- ./_OFFICIAL_SENSITIVE__Duan_Qingqing_SoS_decision_accessibility_checked.pdf:Former employer: Brentwood School, Essex (the “School”) ./_OFFICIAL_SENSITIVE__Duan_Qingqing_SoS_decision_accessibility_checked.pdf- ./_OFFICIAL_SENSITIVE__Duan_Qingqing_SoS_decision_accessibility_checked.pdf- ./_OFFICIAL_SENSITIVE__Duan_Qingqing_SoS_decision_accessibility_checked.pdf-Introduction ./_OFFICIAL_SENSITIVE__Duan_Qingqing_SoS_decision_accessibility_checked.pdf-A professional conduct panel (“the panel”) of the Teaching Regulation Agency (“the ./_OFFICIAL_SENSITIVE__Duan_Qingqing_SoS_decision_accessibility_checked.pdf-TRA”) convened on 26 September 2022 virtually by Microsoft Teams, to consider the ./_OFFICIAL_SENSITIVE__Duan_Qingqing_SoS_decision_accessibility_checked.pdf-case of Ms Quinqing Duan. ./_OFFICIAL_SENSITIVE__Duan_Qingqing_SoS_decision_accessibility_checked.pdf- ./_OFFICIAL_SENSITIVE__Duan_Qingqing_SoS_decision_accessibility_checked.pdf-The panel members were Mr Neil Hillman (teacher panellist – in the chair), Ms Geraldine ./_OFFICIAL_SENSITIVE__Duan_Qingqing_SoS_decision_accessibility_checked.pdf-Baird (lay panellist) and Mr Suhel Ahmed (teacher panellist). ./_OFFICIAL_SENSITIVE__Duan_Qingqing_SoS_decision_accessibility_checked.pdf- ./_OFFICIAL_SENSITIVE__Edwards_Julius_SoS_decision_redacted.pdf-2. On 27 August 2003, he was convicted of driving a motor vehicle after consuming so ./_OFFICIAL_SENSITIVE__Edwards_Julius_SoS_decision_redacted.pdf- much alcohol that his alcohol concentration level was above the prescribed limit, ./_OFFICIAL_SENSITIVE__Edwards_Julius_SoS_decision_redacted.pdf- contrary to Section 5(1)(a) of the Road Traffic Act 1988. ./_OFFICIAL_SENSITIVE__Edwards_Julius_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Edwards_Julius_SoS_decision_redacted.pdf-3. On 6 May 2004, he was convicted of driving whilst disqualified, contrary to Section ./_OFFICIAL_SENSITIVE__Edwards_Julius_SoS_decision_redacted.pdf- 103(1)(b) of the Road Traffic Act 1988. ./_OFFICIAL_SENSITIVE__Edwards_Julius_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Edwards_Julius_SoS_decision_redacted.pdf-4. On the 6 May 2004, he was convicted of using a vehicle while uninsured, contrary to ./_OFFICIAL_SENSITIVE__Edwards_Julius_SoS_decision_redacted.pdf- Section 143(2) of the Road Traffic Act 1988. ./_OFFICIAL_SENSITIVE__Edwards_Julius_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Edwards_Julius_SoS_decision_redacted.pdf:5. On 12 April 2021, he was convicted of 12 counts of sexual activity with a child, ./_OFFICIAL_SENSITIVE__Edwards_Julius_SoS_decision_redacted.pdf- contrary to Section 9(1) of the Sexual Offences Act 2003. ./_OFFICIAL_SENSITIVE__Edwards_Julius_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Edwards_Julius_SoS_decision_redacted.pdf-6. On 12 April 2021, he was convicted of assault by penetration, contrary to Section 2 of ./_OFFICIAL_SENSITIVE__Edwards_Julius_SoS_decision_redacted.pdf- the Sexual Offences Act 2003. ./_OFFICIAL_SENSITIVE__Edwards_Julius_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Edwards_Julius_SoS_decision_redacted.pdf:7. On 12 April 2021, he was convicted of 3 counts of attempted penetrative sexual ./_OFFICIAL_SENSITIVE__Edwards_Julius_SoS_decision_redacted.pdf- activity with a child, contract to Section 1(1) of the Criminal Attempts Act 1981. ./_OFFICIAL_SENSITIVE__Edwards_Julius_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Edwards_Julius_SoS_decision_redacted.pdf:8. On 12 April 2021, he was convicted of attempted sexual communication with a child, ./_OFFICIAL_SENSITIVE__Edwards_Julius_SoS_decision_redacted.pdf- contrary to Section 1(1) of the Criminal Attempts Act 1981. ./_OFFICIAL_SENSITIVE__Edwards_Julius_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Edwards_Julius_SoS_decision_redacted.pdf-9. On 12 April 2021, he was convicted of 2 counts of failure to comply with a notice to ./_OFFICIAL_SENSITIVE__Edwards_Julius_SoS_decision_redacted.pdf- provide a key, contrary to Sections 49 and 53(1) of the Regulation of Investigatory ./_OFFICIAL_SENSITIVE__Edwards_Julius_SoS_decision_redacted.pdf- Powers Act 2000. ./_OFFICIAL_SENSITIVE__Edwards_Julius_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Edwards_Julius_SoS_decision_redacted.pdf-Mr Edwards admitted the facts of allegations 1 and 2 but denied that those admitted facts ./_OFFICIAL_SENSITIVE__Edwards_Julius_SoS_decision_redacted.pdf-amounted to a relevant conviction. Mr Edwards accepted allegations 3, 4, 5, 6, 7, 8 and 9 ./_OFFICIAL_SENSITIVE__Edwards_Julius_SoS_decision_redacted.pdf-amounted to relevant offences. ./_OFFICIAL_SENSITIVE__Edwards_Julius_SoS_decision_redacted.pdf- -- ./_OFFICIAL_SENSITIVE__Edwards_Julius_SoS_decision_redacted.pdf-The panel carefully considered the case before it and reached a decision. ./_OFFICIAL_SENSITIVE__Edwards_Julius_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Edwards_Julius_SoS_decision_redacted.pdf-Mr Edwards was convicted of burglary on 17 January 1989. Mr Edwards was later ./_OFFICIAL_SENSITIVE__Edwards_Julius_SoS_decision_redacted.pdf-convicted of driving a motor vehicle with excess alcohol on 27 August 2003, and driving ./_OFFICIAL_SENSITIVE__Edwards_Julius_SoS_decision_redacted.pdf-whilst disqualified and using a vehicle while uninsured on 6 May 2004. ./_OFFICIAL_SENSITIVE__Edwards_Julius_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Edwards_Julius_SoS_decision_redacted.pdf-Mr Edwards commenced teaching at Dove House School (‘the School’) as a science ./_OFFICIAL_SENSITIVE__Edwards_Julius_SoS_decision_redacted.pdf-teacher on 3 June 2019. ./_OFFICIAL_SENSITIVE__Edwards_Julius_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Edwards_Julius_SoS_decision_redacted.pdf-Mr Edwards was suspended from the School on 7 May 2020. Mr Edwards was convicted ./_OFFICIAL_SENSITIVE__Edwards_Julius_SoS_decision_redacted.pdf:of 12 counts of sexual activity with a child, assault by penetration; 3 counts of attempted ./_OFFICIAL_SENSITIVE__Edwards_Julius_SoS_decision_redacted.pdf:penetrative sexual activity with a child; and 2 counts of failure to comply with a notice to ./_OFFICIAL_SENSITIVE__Edwards_Julius_SoS_decision_redacted.pdf-provide a key. ./_OFFICIAL_SENSITIVE__Edwards_Julius_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Edwards_Julius_SoS_decision_redacted.pdf-Mr Edwards was sentenced at Kingston Crown Court on 4 June 2021. ./_OFFICIAL_SENSITIVE__Edwards_Julius_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Edwards_Julius_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Edwards_Julius_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Edwards_Julius_SoS_decision_redacted.pdf- 6 ./_OFFICIAL_SENSITIVE__Edwards_Julius_SoS_decision_redacted.pdf- -- ./_OFFICIAL_SENSITIVE__Edwards_Julius_SoS_decision_redacted.pdf-employed as a teacher. ./_OFFICIAL_SENSITIVE__Edwards_Julius_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Edwards_Julius_SoS_decision_redacted.pdf-The panel did not find allegations 1 and 2 to be relevant offences. ./_OFFICIAL_SENSITIVE__Edwards_Julius_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Edwards_Julius_SoS_decision_redacted.pdf-3. On 6 May 2004, you were convicted of driving whilst disqualified, contrary to ./_OFFICIAL_SENSITIVE__Edwards_Julius_SoS_decision_redacted.pdf- Section 103(1)(b) of the Road Traffic Act 1988. ./_OFFICIAL_SENSITIVE__Edwards_Julius_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Edwards_Julius_SoS_decision_redacted.pdf-4. On the 6 May 2004, you were convicted of using a vehicle while uninsured, ./_OFFICIAL_SENSITIVE__Edwards_Julius_SoS_decision_redacted.pdf- contrary to Section 143(2) of the Road Traffic Act 1988. ./_OFFICIAL_SENSITIVE__Edwards_Julius_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Edwards_Julius_SoS_decision_redacted.pdf:5. On 12 April 2021, you were convicted of 12 counts of sexual activity with a ./_OFFICIAL_SENSITIVE__Edwards_Julius_SoS_decision_redacted.pdf- child, contrary to Section 9(1) of the Sexual Offences Act 2003. ./_OFFICIAL_SENSITIVE__Edwards_Julius_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Edwards_Julius_SoS_decision_redacted.pdf-6. On 12 April 2021, you were convicted of assault by penetration, contrary to ./_OFFICIAL_SENSITIVE__Edwards_Julius_SoS_decision_redacted.pdf- Section 2 of the Sexual Offences Act 2003. ./_OFFICIAL_SENSITIVE__Edwards_Julius_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Edwards_Julius_SoS_decision_redacted.pdf-7. On 12 April 2021, you were convicted of 3 counts of attempted penetrative ./_OFFICIAL_SENSITIVE__Edwards_Julius_SoS_decision_redacted.pdf: sexual activity with a child, contract to Section 1(1) of the Criminal Attempts ./_OFFICIAL_SENSITIVE__Edwards_Julius_SoS_decision_redacted.pdf- Act 1981. ./_OFFICIAL_SENSITIVE__Edwards_Julius_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Edwards_Julius_SoS_decision_redacted.pdf:8. On 12 April 2021, you were convicted of attempted sexual communication with ./_OFFICIAL_SENSITIVE__Edwards_Julius_SoS_decision_redacted.pdf- a child, contrary to Section 1(1) of the Criminal Attempts Act 1981. ./_OFFICIAL_SENSITIVE__Edwards_Julius_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Edwards_Julius_SoS_decision_redacted.pdf-9. On 12 April 2021, you were convicted of 2 counts of failure to comply with a ./_OFFICIAL_SENSITIVE__Edwards_Julius_SoS_decision_redacted.pdf- notice to provide a key, contrary to Sections 49 and 53(1) of the Regulation of ./_OFFICIAL_SENSITIVE__Edwards_Julius_SoS_decision_redacted.pdf- Investigatory Powers Act 2000. ./_OFFICIAL_SENSITIVE__Edwards_Julius_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Edwards_Julius_SoS_decision_redacted.pdf-The panel noted that Mr Edwards denied allegations 3, 4, 5, 6, 7, 8 and 9. ./_OFFICIAL_SENSITIVE__Edwards_Julius_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Edwards_Julius_SoS_decision_redacted.pdf-The panel again noted page 8 of the Advice, which states that where there has been a ./_OFFICIAL_SENSITIVE__Edwards_Julius_SoS_decision_redacted.pdf-conviction at any time, of a criminal offence, the panel will accept the certificate of -- ./_OFFICIAL_SENSITIVE__Edwards_Julius_SoS_decision_redacted.pdf-of £170 and his driving licence was endorsed. ./_OFFICIAL_SENSITIVE__Edwards_Julius_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Edwards_Julius_SoS_decision_redacted.pdf-The panel found allegations 3 and 4 to be serious and considered driving whilst ./_OFFICIAL_SENSITIVE__Edwards_Julius_SoS_decision_redacted.pdf-disqualified to be a flagrant disregard for a court order and a conscious choice made my ./_OFFICIAL_SENSITIVE__Edwards_Julius_SoS_decision_redacted.pdf-Mr Edwards. The panel considered that his attempt to explain his actions was not ./_OFFICIAL_SENSITIVE__Edwards_Julius_SoS_decision_redacted.pdf-justifiable. The panel felt it showed a disregard for the law which is unacceptable in any ./_OFFICIAL_SENSITIVE__Edwards_Julius_SoS_decision_redacted.pdf-walk of life. ./_OFFICIAL_SENSITIVE__Edwards_Julius_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Edwards_Julius_SoS_decision_redacted.pdf-In respect of allegations 5, 6, 7, 8 and 9, the panel had been provided with a copy of the ./_OFFICIAL_SENSITIVE__Edwards_Julius_SoS_decision_redacted.pdf-certificate of conviction from Kingston Crown Court, which outlined that Mr Edwards was ./_OFFICIAL_SENSITIVE__Edwards_Julius_SoS_decision_redacted.pdf:convicted of 12 counts of sexual activity with a child contrary to section 9(1) of the Sexual ./_OFFICIAL_SENSITIVE__Edwards_Julius_SoS_decision_redacted.pdf-Offences Act 2003; assault by penetration contrary to s2 of the Sexual Offences Act ./_OFFICIAL_SENSITIVE__Edwards_Julius_SoS_decision_redacted.pdf:2003; 3 counts of attempted penetrative sexual activity with a child contrary to section ./_OFFICIAL_SENSITIVE__Edwards_Julius_SoS_decision_redacted.pdf:1(1) of the Criminal Attempts Act 1982; attempted sexual communication with a child ./_OFFICIAL_SENSITIVE__Edwards_Julius_SoS_decision_redacted.pdf-contrary to section 1(1) of the Criminal Attempts Act 1981; and 2 counts of failure to ./_OFFICIAL_SENSITIVE__Edwards_Julius_SoS_decision_redacted.pdf-comply with a notice to provide a key contrary to sections 49 and 53(1) of the Regulation ./_OFFICIAL_SENSITIVE__Edwards_Julius_SoS_decision_redacted.pdf-of Investigatory Powers Act 2000. ./_OFFICIAL_SENSITIVE__Edwards_Julius_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Edwards_Julius_SoS_decision_redacted.pdf-The panel also had sight of the sentencing remarks from [REDACTED] who described Mr ./_OFFICIAL_SENSITIVE__Edwards_Julius_SoS_decision_redacted.pdf-Edwards as a “predatory paedophile”. They took regard to the victims’ comments on ./_OFFICIAL_SENSITIVE__Edwards_Julius_SoS_decision_redacted.pdf-these offences which were affecting their trust with teachers at the school. ./_OFFICIAL_SENSITIVE__Edwards_Julius_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Edwards_Julius_SoS_decision_redacted.pdf-The panel felt that there was a significant element of grooming surrounding these ./_OFFICIAL_SENSITIVE__Edwards_Julius_SoS_decision_redacted.pdf-offences and that Mr Edwards immersed himself into the child’s family life. It was even ./_OFFICIAL_SENSITIVE__Edwards_Julius_SoS_decision_redacted.pdf-more concerning that some of the victims had additional vulnerabilities. ./_OFFICIAL_SENSITIVE__Edwards_Julius_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Edwards_Julius_SoS_decision_redacted.pdf-Of further concern was the attempts by Mr Edwards to frustrate the investigation and not ./_OFFICIAL_SENSITIVE__Edwards_Julius_SoS_decision_redacted.pdf-co-operate with the police which ultimately led to the conviction forming the basis of ./_OFFICIAL_SENSITIVE__Edwards_Julius_SoS_decision_redacted.pdf-allegation 9. ./_OFFICIAL_SENSITIVE__Edwards_Julius_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Edwards_Julius_SoS_decision_redacted.pdf-Mr Edwards was sentenced to a total of 14 years imprisonment with an extended license ./_OFFICIAL_SENSITIVE__Edwards_Julius_SoS_decision_redacted.pdf:period of 4 years totalling an 18 year period. Mr Edwards was placed on the sex ./_OFFICIAL_SENSITIVE__Edwards_Julius_SoS_decision_redacted.pdf-offenders register indefinitely. In addition, the judge ordered that Mr Edwards be placed ./_OFFICIAL_SENSITIVE__Edwards_Julius_SoS_decision_redacted.pdf:on the barring list by the disclosure and barring service; made the subject of a sexual ./_OFFICIAL_SENSITIVE__Edwards_Julius_SoS_decision_redacted.pdf-harm prevention order until further order; and was ordered to pay a victim surcharge of ./_OFFICIAL_SENSITIVE__Edwards_Julius_SoS_decision_redacted.pdf-£181. ./_OFFICIAL_SENSITIVE__Edwards_Julius_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Edwards_Julius_SoS_decision_redacted.pdf-The panel found allegations 3, 4, 5, 6, 7, 8 and 9 proven and relevant. ./_OFFICIAL_SENSITIVE__Edwards_Julius_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Edwards_Julius_SoS_decision_redacted.pdf-Findings as to conviction of a relevant offence ./_OFFICIAL_SENSITIVE__Edwards_Julius_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Edwards_Julius_SoS_decision_redacted.pdf-Having found a number of the allegations proved, the panel went on to consider whether ./_OFFICIAL_SENSITIVE__Edwards_Julius_SoS_decision_redacted.pdf-the facts of those proved allegations amounted to conviction of a relevant offence. ./_OFFICIAL_SENSITIVE__Edwards_Julius_SoS_decision_redacted.pdf- -- ./_OFFICIAL_SENSITIVE__Edwards_Julius_SoS_decision_redacted.pdf- different faiths and beliefs ./_OFFICIAL_SENSITIVE__Edwards_Julius_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Edwards_Julius_SoS_decision_redacted.pdf- • Teachers must have proper and professional regard for the ethos, policies and ./_OFFICIAL_SENSITIVE__Edwards_Julius_SoS_decision_redacted.pdf- practices of the school in which they teach, and maintain high standards in their ./_OFFICIAL_SENSITIVE__Edwards_Julius_SoS_decision_redacted.pdf- own attendance and punctuality. ./_OFFICIAL_SENSITIVE__Edwards_Julius_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Edwards_Julius_SoS_decision_redacted.pdf- • Teachers must have an understanding of, and always act within, the statutory ./_OFFICIAL_SENSITIVE__Edwards_Julius_SoS_decision_redacted.pdf- frameworks which set out their professional duties and responsibilities. ./_OFFICIAL_SENSITIVE__Edwards_Julius_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Edwards_Julius_SoS_decision_redacted.pdf-The panel was made aware that the incidents did not involve pupils at the school. ./_OFFICIAL_SENSITIVE__Edwards_Julius_SoS_decision_redacted.pdf:However, given that Mr Edwards was convicted for sexual offences against children, the ./_OFFICIAL_SENSITIVE__Edwards_Julius_SoS_decision_redacted.pdf-panel noted that his actions were relevant to teaching, working with children and/or ./_OFFICIAL_SENSITIVE__Edwards_Julius_SoS_decision_redacted.pdf-working in an education setting. ./_OFFICIAL_SENSITIVE__Edwards_Julius_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Edwards_Julius_SoS_decision_redacted.pdf-The panel noted that the behaviour involved in committing the offence could have had an ./_OFFICIAL_SENSITIVE__Edwards_Julius_SoS_decision_redacted.pdf-impact on the safety and/or security of pupils and/or members of the public. ./_OFFICIAL_SENSITIVE__Edwards_Julius_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Edwards_Julius_SoS_decision_redacted.pdf-The panel also took account of the way the teaching profession is viewed by others. The ./_OFFICIAL_SENSITIVE__Edwards_Julius_SoS_decision_redacted.pdf-panel considered that Mr Edwards’ behaviour in committing these offences would ./_OFFICIAL_SENSITIVE__Edwards_Julius_SoS_decision_redacted.pdf-undoubtedly affect public confidence in the teaching profession, particularly given the ./_OFFICIAL_SENSITIVE__Edwards_Julius_SoS_decision_redacted.pdf-influence that teachers may have on pupils, parents and others in the community. ./_OFFICIAL_SENSITIVE__Edwards_Julius_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Edwards_Julius_SoS_decision_redacted.pdf-The panel noted that Mr Edwards’ behaviour ultimately led to a sentence of ./_OFFICIAL_SENSITIVE__Edwards_Julius_SoS_decision_redacted.pdf-imprisonment, which was indicative of the seriousness of the offences committed. The ./_OFFICIAL_SENSITIVE__Edwards_Julius_SoS_decision_redacted.pdf-child protection and public protection issues engaged by Mr Edwards’ actions were ./_OFFICIAL_SENSITIVE__Edwards_Julius_SoS_decision_redacted.pdf-demonstrated by the Court's sentence. ./_OFFICIAL_SENSITIVE__Edwards_Julius_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Edwards_Julius_SoS_decision_redacted.pdf:This was a case concerning an offence involving sexual activity and sexual ./_OFFICIAL_SENSITIVE__Edwards_Julius_SoS_decision_redacted.pdf-communication with a child, which the Advice states is more likely to be considered a ./_OFFICIAL_SENSITIVE__Edwards_Julius_SoS_decision_redacted.pdf-relevant offence. ./_OFFICIAL_SENSITIVE__Edwards_Julius_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Edwards_Julius_SoS_decision_redacted.pdf-The panel found that the seriousness of the offending behaviour that led to the conviction ./_OFFICIAL_SENSITIVE__Edwards_Julius_SoS_decision_redacted.pdf-was relevant to Mr Edwards ongoing suitability to teach. The panel considered that a ./_OFFICIAL_SENSITIVE__Edwards_Julius_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Edwards_Julius_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Edwards_Julius_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Edwards_Julius_SoS_decision_redacted.pdf- 10 ./_OFFICIAL_SENSITIVE__Edwards_Julius_SoS_decision_redacted.pdf- -- ./_OFFICIAL_SENSITIVE__Edwards_Julius_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Edwards_Julius_SoS_decision_redacted.pdf- • serious departure from the personal and professional conduct elements of the ./_OFFICIAL_SENSITIVE__Edwards_Julius_SoS_decision_redacted.pdf- Teachers’ Standards; ./_OFFICIAL_SENSITIVE__Edwards_Julius_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Edwards_Julius_SoS_decision_redacted.pdf- • the commission of a serious criminal offence, including those that resulted in a ./_OFFICIAL_SENSITIVE__Edwards_Julius_SoS_decision_redacted.pdf- conviction or caution, paying particular attention to offences that are ‘relevant ./_OFFICIAL_SENSITIVE__Edwards_Julius_SoS_decision_redacted.pdf- matters’ for the purposes of The Police Act 1997 and criminal record disclosures; ./_OFFICIAL_SENSITIVE__Edwards_Julius_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Edwards_Julius_SoS_decision_redacted.pdf- • abuse of position or trust (particularly involving pupils); ./_OFFICIAL_SENSITIVE__Edwards_Julius_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Edwards_Julius_SoS_decision_redacted.pdf: • sexual misconduct, for example, involving actions that were sexually motivated or ./_OFFICIAL_SENSITIVE__Edwards_Julius_SoS_decision_redacted.pdf: of a sexual nature and/or that use or exploit the trust, knowledge or influence ./_OFFICIAL_SENSITIVE__Edwards_Julius_SoS_decision_redacted.pdf- derived from the individual’s professional position; ./_OFFICIAL_SENSITIVE__Edwards_Julius_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Edwards_Julius_SoS_decision_redacted.pdf- • sustained or serious bullying, or other deliberate behaviour that undermines pupils, ./_OFFICIAL_SENSITIVE__Edwards_Julius_SoS_decision_redacted.pdf- the profession, the school or colleagues; ./_OFFICIAL_SENSITIVE__Edwards_Julius_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Edwards_Julius_SoS_decision_redacted.pdf- • dishonesty or a lack of integrity, including the deliberate concealment of their ./_OFFICIAL_SENSITIVE__Edwards_Julius_SoS_decision_redacted.pdf- actions or purposeful destruction of evidence, especially where these behaviours ./_OFFICIAL_SENSITIVE__Edwards_Julius_SoS_decision_redacted.pdf- have been repeated or had serious consequences, or involved the coercion of ./_OFFICIAL_SENSITIVE__Edwards_Julius_SoS_decision_redacted.pdf- another person to act in a way contrary to their own interests. ./_OFFICIAL_SENSITIVE__Edwards_Julius_SoS_decision_redacted.pdf- -- ./_OFFICIAL_SENSITIVE__Edwards_Julius_SoS_decision_redacted.pdf-Accordingly, the panel made a recommendation to the Secretary of State that a ./_OFFICIAL_SENSITIVE__Edwards_Julius_SoS_decision_redacted.pdf-prohibition order should be imposed with immediate effect. ./_OFFICIAL_SENSITIVE__Edwards_Julius_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Edwards_Julius_SoS_decision_redacted.pdf-The panel went on to consider whether or not it would be appropriate for it to decide to ./_OFFICIAL_SENSITIVE__Edwards_Julius_SoS_decision_redacted.pdf-recommend a review period of the order. The panel was mindful that the Advice states ./_OFFICIAL_SENSITIVE__Edwards_Julius_SoS_decision_redacted.pdf-that a prohibition order applies for life, but there may be circumstances, in any given ./_OFFICIAL_SENSITIVE__Edwards_Julius_SoS_decision_redacted.pdf-case, that may make it appropriate to allow a teacher to apply to have the prohibition ./_OFFICIAL_SENSITIVE__Edwards_Julius_SoS_decision_redacted.pdf-order reviewed after a specified period of time that may not be less than 2 years. ./_OFFICIAL_SENSITIVE__Edwards_Julius_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Edwards_Julius_SoS_decision_redacted.pdf-The Advice indicates that there are behaviours that, if proved, would militate against the ./_OFFICIAL_SENSITIVE__Edwards_Julius_SoS_decision_redacted.pdf:recommendation of a review period. These behaviours include serious sexual ./_OFFICIAL_SENSITIVE__Edwards_Julius_SoS_decision_redacted.pdf:misconduct, such as where the act was sexually motivated and resulted in, or had the ./_OFFICIAL_SENSITIVE__Edwards_Julius_SoS_decision_redacted.pdf-potential to result in, harm to a person or persons, particularly where the individual has ./_OFFICIAL_SENSITIVE__Edwards_Julius_SoS_decision_redacted.pdf-used his/her professional position to influence or exploit a person or persons; and any ./_OFFICIAL_SENSITIVE__Edwards_Julius_SoS_decision_redacted.pdf:sexual misconduct involving a child. The panel found that Mr Edwards was responsible ./_OFFICIAL_SENSITIVE__Edwards_Julius_SoS_decision_redacted.pdf:for having been convicted of 12 counts of sexual activity with a child involving different ./_OFFICIAL_SENSITIVE__Edwards_Julius_SoS_decision_redacted.pdf-children, amongst other offences. ./_OFFICIAL_SENSITIVE__Edwards_Julius_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Edwards_Julius_SoS_decision_redacted.pdf-The panel decided that the findings indicated a situation in which a review period would ./_OFFICIAL_SENSITIVE__Edwards_Julius_SoS_decision_redacted.pdf-not be appropriate and, as such, decided that it would be proportionate, in all the ./_OFFICIAL_SENSITIVE__Edwards_Julius_SoS_decision_redacted.pdf-circumstances, for the prohibition order to be recommended without provisions for a ./_OFFICIAL_SENSITIVE__Edwards_Julius_SoS_decision_redacted.pdf-review period. ./_OFFICIAL_SENSITIVE__Edwards_Julius_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Edwards_Julius_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Edwards_Julius_SoS_decision_redacted.pdf-Decision and reasons on behalf of the Secretary of State ./_OFFICIAL_SENSITIVE__Edwards_Julius_SoS_decision_redacted.pdf-I have given very careful consideration to this case and to the recommendation of the -- ./_OFFICIAL_SENSITIVE__Edwards_Julius_SoS_decision_redacted.pdf- different faiths and beliefs ./_OFFICIAL_SENSITIVE__Edwards_Julius_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Edwards_Julius_SoS_decision_redacted.pdf- • Teachers must have proper and professional regard for the ethos, policies and ./_OFFICIAL_SENSITIVE__Edwards_Julius_SoS_decision_redacted.pdf- practices of the school in which they teach, and maintain high standards in their ./_OFFICIAL_SENSITIVE__Edwards_Julius_SoS_decision_redacted.pdf- own attendance and punctuality. ./_OFFICIAL_SENSITIVE__Edwards_Julius_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Edwards_Julius_SoS_decision_redacted.pdf- • Teachers must have an understanding of, and always act within, the statutory ./_OFFICIAL_SENSITIVE__Edwards_Julius_SoS_decision_redacted.pdf- frameworks which set out their professional duties and responsibilities. ./_OFFICIAL_SENSITIVE__Edwards_Julius_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Edwards_Julius_SoS_decision_redacted.pdf-The panel also set out that it, “was made aware that the incidents did not involve pupils at ./_OFFICIAL_SENSITIVE__Edwards_Julius_SoS_decision_redacted.pdf:the school. However, given that Mr Edwards was convicted for sexual offences against ./_OFFICIAL_SENSITIVE__Edwards_Julius_SoS_decision_redacted.pdf-children, the panel noted that his actions were relevant to teaching, working with children ./_OFFICIAL_SENSITIVE__Edwards_Julius_SoS_decision_redacted.pdf-and/or working in an education setting.” ./_OFFICIAL_SENSITIVE__Edwards_Julius_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Edwards_Julius_SoS_decision_redacted.pdf-The findings of misconduct are particularly serious as they include a finding of “12 counts ./_OFFICIAL_SENSITIVE__Edwards_Julius_SoS_decision_redacted.pdf:of sexual activity with a child, contrary to Section 9(1) of the Sexual Offences Act 2003.” ./_OFFICIAL_SENSITIVE__Edwards_Julius_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Edwards_Julius_SoS_decision_redacted.pdf-I have to determine whether the imposition of a prohibition order is proportionate and in ./_OFFICIAL_SENSITIVE__Edwards_Julius_SoS_decision_redacted.pdf-the public interest. In considering that for this case, I have considered the overall aim of a ./_OFFICIAL_SENSITIVE__Edwards_Julius_SoS_decision_redacted.pdf-prohibition order which is to protect pupils and to maintain public confidence in the ./_OFFICIAL_SENSITIVE__Edwards_Julius_SoS_decision_redacted.pdf-profession. I have considered the extent to which a prohibition order in this case would ./_OFFICIAL_SENSITIVE__Edwards_Julius_SoS_decision_redacted.pdf-achieve that aim taking into account the impact that it will have on the individual teacher. ./_OFFICIAL_SENSITIVE__Edwards_Julius_SoS_decision_redacted.pdf-I have also asked myself, whether a less intrusive measure, such as the published ./_OFFICIAL_SENSITIVE__Edwards_Julius_SoS_decision_redacted.pdf-finding of a relevant conviction, would itself be sufficient to achieve the overall aim. I have ./_OFFICIAL_SENSITIVE__Edwards_Julius_SoS_decision_redacted.pdf-to consider whether the consequences of such a publication are themselves sufficient. I ./_OFFICIAL_SENSITIVE__Edwards_Julius_SoS_decision_redacted.pdf-have considered therefore whether or not prohibiting Mr Edwards, and the impact that will -- ./_OFFICIAL_SENSITIVE__Edwards_Julius_SoS_decision_redacted.pdf:for sexual offences against children, the panel noted that his actions were relevant to ./_OFFICIAL_SENSITIVE__Edwards_Julius_SoS_decision_redacted.pdf-teaching, working with children and/or working in an education setting.” ./_OFFICIAL_SENSITIVE__Edwards_Julius_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Edwards_Julius_SoS_decision_redacted.pdf-The panel also, “noted that the behaviour involved in committing the offence could have ./_OFFICIAL_SENSITIVE__Edwards_Julius_SoS_decision_redacted.pdf-had an impact on the safety and/or security of pupils and/or members of the public.” ./_OFFICIAL_SENSITIVE__Edwards_Julius_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Edwards_Julius_SoS_decision_redacted.pdf-A prohibition order would therefore prevent such a risk from being present in the future. ./_OFFICIAL_SENSITIVE__Edwards_Julius_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Edwards_Julius_SoS_decision_redacted.pdf-I have also taken into account the panel’s comments on insight and remorse, which the ./_OFFICIAL_SENSITIVE__Edwards_Julius_SoS_decision_redacted.pdf-panel sets out as follows, “Mr Edwards showed no insight or remorse for his actions.” In ./_OFFICIAL_SENSITIVE__Edwards_Julius_SoS_decision_redacted.pdf-my judgement, the lack of insight and remorse means that there is some risk of the ./_OFFICIAL_SENSITIVE__Edwards_Julius_SoS_decision_redacted.pdf-repetition of this behaviour and this puts at risk the future wellbeing of pupils and ./_OFFICIAL_SENSITIVE__Edwards_Julius_SoS_decision_redacted.pdf-children. I have therefore given this element considerable weight in reaching my decision. ./_OFFICIAL_SENSITIVE__Edwards_Julius_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Edwards_Julius_SoS_decision_redacted.pdf-I have gone on to consider the extent to which a prohibition order would maintain public ./_OFFICIAL_SENSITIVE__Edwards_Julius_SoS_decision_redacted.pdf-confidence in the profession. The panel observe, “The panel also took account of the way ./_OFFICIAL_SENSITIVE__Edwards_Julius_SoS_decision_redacted.pdf-the teaching profession is viewed by others. The panel considered that Mr Edwards’ ./_OFFICIAL_SENSITIVE__Edwards_Julius_SoS_decision_redacted.pdf-behaviour in committing these offences would undoubtedly affect public confidence in the ./_OFFICIAL_SENSITIVE__Edwards_Julius_SoS_decision_redacted.pdf-teaching profession, particularly given the influence that teachers may have on pupils, ./_OFFICIAL_SENSITIVE__Edwards_Julius_SoS_decision_redacted.pdf-parents and others in the community.” ./_OFFICIAL_SENSITIVE__Edwards_Julius_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Edwards_Julius_SoS_decision_redacted.pdf:I am particularly mindful of the finding of serious sexual offences against children in this ./_OFFICIAL_SENSITIVE__Edwards_Julius_SoS_decision_redacted.pdf-case and the impact that such a finding has on the reputation of the profession. ./_OFFICIAL_SENSITIVE__Edwards_Julius_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Edwards_Julius_SoS_decision_redacted.pdf-I have had to consider that the public has a high expectation of professional standards of ./_OFFICIAL_SENSITIVE__Edwards_Julius_SoS_decision_redacted.pdf-all teachers and that the public might regard a failure to impose a prohibition order as a ./_OFFICIAL_SENSITIVE__Edwards_Julius_SoS_decision_redacted.pdf-failure to uphold those high standards. In weighing these considerations, I have had to ./_OFFICIAL_SENSITIVE__Edwards_Julius_SoS_decision_redacted.pdf-consider the matter from the point of view of an “ordinary intelligent and well-informed ./_OFFICIAL_SENSITIVE__Edwards_Julius_SoS_decision_redacted.pdf-citizen.” ./_OFFICIAL_SENSITIVE__Edwards_Julius_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Edwards_Julius_SoS_decision_redacted.pdf-I have considered whether the publication of a finding of a relevant conviction, in the ./_OFFICIAL_SENSITIVE__Edwards_Julius_SoS_decision_redacted.pdf-absence of a prohibition order, can itself be regarded by such a person as being a -- ./_OFFICIAL_SENSITIVE__Edwards_Julius_SoS_decision_redacted.pdf-In this case, I have placed considerable weight on the panel’s comments, “The panel ./_OFFICIAL_SENSITIVE__Edwards_Julius_SoS_decision_redacted.pdf:found that Mr Edwards was responsible for having been convicted of 12 counts of sexual ./_OFFICIAL_SENSITIVE__Edwards_Julius_SoS_decision_redacted.pdf-activity with a child involving different children, amongst other offences.” ./_OFFICIAL_SENSITIVE__Edwards_Julius_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Edwards_Julius_SoS_decision_redacted.pdf-I have given less weight in my consideration of sanction therefore, to the contribution that ./_OFFICIAL_SENSITIVE__Edwards_Julius_SoS_decision_redacted.pdf-Mr Edwards has made to the profession. In my view, it is necessary to impose a ./_OFFICIAL_SENSITIVE__Edwards_Julius_SoS_decision_redacted.pdf-prohibition order in order to maintain public confidence in the profession. A published ./_OFFICIAL_SENSITIVE__Edwards_Julius_SoS_decision_redacted.pdf-decision, in light of the circumstances in this case, that is not backed up by full remorse ./_OFFICIAL_SENSITIVE__Edwards_Julius_SoS_decision_redacted.pdf-or insight, does not in my view satisfy the public interest requirement concerning public ./_OFFICIAL_SENSITIVE__Edwards_Julius_SoS_decision_redacted.pdf-confidence in the profession. ./_OFFICIAL_SENSITIVE__Edwards_Julius_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Edwards_Julius_SoS_decision_redacted.pdf-For these reasons, I have concluded that a prohibition order is proportionate and in the ./_OFFICIAL_SENSITIVE__Edwards_Julius_SoS_decision_redacted.pdf-public interest in order to achieve the intended aims of a prohibition order. ./_OFFICIAL_SENSITIVE__Edwards_Julius_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Edwards_Julius_SoS_decision_redacted.pdf-I have gone on to consider the matter of a review period. In this case, the panel has ./_OFFICIAL_SENSITIVE__Edwards_Julius_SoS_decision_redacted.pdf-recommended that no provision should be made for a review period. ./_OFFICIAL_SENSITIVE__Edwards_Julius_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Edwards_Julius_SoS_decision_redacted.pdf-I have considered the panel’s comments “The Advice indicates that there are behaviours ./_OFFICIAL_SENSITIVE__Edwards_Julius_SoS_decision_redacted.pdf-that, if proved, would militate against the recommendation of a review period. These ./_OFFICIAL_SENSITIVE__Edwards_Julius_SoS_decision_redacted.pdf:behaviours include serious sexual misconduct, such as where the act was sexually ./_OFFICIAL_SENSITIVE__Edwards_Julius_SoS_decision_redacted.pdf-motivated and resulted in, or had the potential to result in, harm to a person or persons, ./_OFFICIAL_SENSITIVE__Edwards_Julius_SoS_decision_redacted.pdf-particularly where the individual has used his/her professional position to influence or ./_OFFICIAL_SENSITIVE__Edwards_Julius_SoS_decision_redacted.pdf:exploit a person or persons; and any sexual misconduct involving a child. The panel ./_OFFICIAL_SENSITIVE__Edwards_Julius_SoS_decision_redacted.pdf:found that Mr Edwards was responsible for having been convicted of 12 counts of sexual ./_OFFICIAL_SENSITIVE__Edwards_Julius_SoS_decision_redacted.pdf-activity with a child involving different children, amongst other offences.” ./_OFFICIAL_SENSITIVE__Edwards_Julius_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Edwards_Julius_SoS_decision_redacted.pdf-I have considered whether not allowing for a review period reflects the seriousness of the ./_OFFICIAL_SENSITIVE__Edwards_Julius_SoS_decision_redacted.pdf-findings and is proportionate to achieve the aim of maintaining public confidence in the ./_OFFICIAL_SENSITIVE__Edwards_Julius_SoS_decision_redacted.pdf-profession. In this case, the factors which mean that not allowing for a review period is ./_OFFICIAL_SENSITIVE__Edwards_Julius_SoS_decision_redacted.pdf-necessary and in the public interest are the nature of the convictions and the lack of any ./_OFFICIAL_SENSITIVE__Edwards_Julius_SoS_decision_redacted.pdf-insight or remorse. ./_OFFICIAL_SENSITIVE__Edwards_Julius_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Edwards_Julius_SoS_decision_redacted.pdf-I consider therefore that allowing for no review period is necessary to maintain public ./_OFFICIAL_SENSITIVE__Edwards_Julius_SoS_decision_redacted.pdf-confidence and is proportionate and in the public interest. ./_OFFICIAL_SENSITIVE__for_SOS_decision_for_Mr_James_Elden_19834__Redacted_.pdf- Updates’ ./_OFFICIAL_SENSITIVE__for_SOS_decision_for_Mr_James_Elden_19834__Redacted_.pdf- ./_OFFICIAL_SENSITIVE__for_SOS_decision_for_Mr_James_Elden_19834__Redacted_.pdf- d. Contacting current and former pupils on social media; ./_OFFICIAL_SENSITIVE__for_SOS_decision_for_Mr_James_Elden_19834__Redacted_.pdf- ./_OFFICIAL_SENSITIVE__for_SOS_decision_for_Mr_James_Elden_19834__Redacted_.pdf- e. Sharing personal information about himself with one or more pupils; ./_OFFICIAL_SENSITIVE__for_SOS_decision_for_Mr_James_Elden_19834__Redacted_.pdf- ./_OFFICIAL_SENSITIVE__for_SOS_decision_for_Mr_James_Elden_19834__Redacted_.pdf- f. Instructing and/or encouraging one or more pupils not to inform others about his ./_OFFICIAL_SENSITIVE__for_SOS_decision_for_Mr_James_Elden_19834__Redacted_.pdf- communication with them. ./_OFFICIAL_SENSITIVE__for_SOS_decision_for_Mr_James_Elden_19834__Redacted_.pdf- ./_OFFICIAL_SENSITIVE__for_SOS_decision_for_Mr_James_Elden_19834__Redacted_.pdf-3. He engaged in inappropriate and/or unprofessional behaviour in that he searched ./_OFFICIAL_SENSITIVE__for_SOS_decision_for_Mr_James_Elden_19834__Redacted_.pdf: for and/or viewed pornography: ./_OFFICIAL_SENSITIVE__for_SOS_decision_for_Mr_James_Elden_19834__Redacted_.pdf- ./_OFFICIAL_SENSITIVE__for_SOS_decision_for_Mr_James_Elden_19834__Redacted_.pdf- a. During the school day and/or teaching hours; ./_OFFICIAL_SENSITIVE__for_SOS_decision_for_Mr_James_Elden_19834__Redacted_.pdf- ./_OFFICIAL_SENSITIVE__for_SOS_decision_for_Mr_James_Elden_19834__Redacted_.pdf- b. Whilst simultaneously searching and/or viewing pupils’ images on the school’s ./_OFFICIAL_SENSITIVE__for_SOS_decision_for_Mr_James_Elden_19834__Redacted_.pdf- database. ./_OFFICIAL_SENSITIVE__for_SOS_decision_for_Mr_James_Elden_19834__Redacted_.pdf- ./_OFFICIAL_SENSITIVE__for_SOS_decision_for_Mr_James_Elden_19834__Redacted_.pdf-4. His conduct as may be found proven at Allegations 1 (a) and/or 2 (a)-(f) and/or 3 ./_OFFICIAL_SENSITIVE__for_SOS_decision_for_Mr_James_Elden_19834__Redacted_.pdf: (a)-(b) was conduct of a sexual nature and/or was sexually motivated. ./_OFFICIAL_SENSITIVE__for_SOS_decision_for_Mr_James_Elden_19834__Redacted_.pdf- ./_OFFICIAL_SENSITIVE__for_SOS_decision_for_Mr_James_Elden_19834__Redacted_.pdf-5. His conduct as may be found proven at Allegations 1 (c) and/or 2 (f) was dishonest ./_OFFICIAL_SENSITIVE__for_SOS_decision_for_Mr_James_Elden_19834__Redacted_.pdf- and/or lacked integrity. ./_OFFICIAL_SENSITIVE__for_SOS_decision_for_Mr_James_Elden_19834__Redacted_.pdf- ./_OFFICIAL_SENSITIVE__for_SOS_decision_for_Mr_James_Elden_19834__Redacted_.pdf- 4 ./_OFFICIAL_SENSITIVE__for_SOS_decision_for_Mr_James_Elden_19834__Redacted_.pdf- -- ./_OFFICIAL_SENSITIVE__for_SOS_decision_for_Mr_James_Elden_19834__Redacted_.pdf-professional boundaries with pupils. Mr Elden admitted that at the time he did message ./_OFFICIAL_SENSITIVE__for_SOS_decision_for_Mr_James_Elden_19834__Redacted_.pdf-Pupil B [redacted] or words to that effect on Microsoft Office Teams. ./_OFFICIAL_SENSITIVE__for_SOS_decision_for_Mr_James_Elden_19834__Redacted_.pdf-The panel noted that the School’s initial IT investigation revealed an inappropriate ./_OFFICIAL_SENSITIVE__for_SOS_decision_for_Mr_James_Elden_19834__Redacted_.pdf-conversation with a pupil, particularly where Mr Elden was communicating with her during ./_OFFICIAL_SENSITIVE__for_SOS_decision_for_Mr_James_Elden_19834__Redacted_.pdf-the holiday period and messages saying he loves Pupil B. ./_OFFICIAL_SENSITIVE__for_SOS_decision_for_Mr_James_Elden_19834__Redacted_.pdf-The panel reviewed the screenshots of the Teams messages between Mr Elden and ./_OFFICIAL_SENSITIVE__for_SOS_decision_for_Mr_James_Elden_19834__Redacted_.pdf-Pupil B. The panel noted that Mr Elden said “I love you the most” in his message to Pupil ./_OFFICIAL_SENSITIVE__for_SOS_decision_for_Mr_James_Elden_19834__Redacted_.pdf-B. ./_OFFICIAL_SENSITIVE__for_SOS_decision_for_Mr_James_Elden_19834__Redacted_.pdf-The panel found allegation 2(a) proved. ./_OFFICIAL_SENSITIVE__for_SOS_decision_for_Mr_James_Elden_19834__Redacted_.pdf- ./_OFFICIAL_SENSITIVE__for_SOS_decision_for_Mr_James_Elden_19834__Redacted_.pdf: b. Engaging in a romantic and/or sexual relationship with former Pupil C ./_OFFICIAL_SENSITIVE__for_SOS_decision_for_Mr_James_Elden_19834__Redacted_.pdf- once she had left school; ./_OFFICIAL_SENSITIVE__for_SOS_decision_for_Mr_James_Elden_19834__Redacted_.pdf- ./_OFFICIAL_SENSITIVE__for_SOS_decision_for_Mr_James_Elden_19834__Redacted_.pdf- ./_OFFICIAL_SENSITIVE__for_SOS_decision_for_Mr_James_Elden_19834__Redacted_.pdf-Mr Elden admitted in the Statement of Agreed Facts that he engaged in a relationship ./_OFFICIAL_SENSITIVE__for_SOS_decision_for_Mr_James_Elden_19834__Redacted_.pdf-that became romantic with Pupil C once she left the School. Mr Elden states that they ./_OFFICIAL_SENSITIVE__for_SOS_decision_for_Mr_James_Elden_19834__Redacted_.pdf-kissed on one occasion, following which he terminated the relationship. ./_OFFICIAL_SENSITIVE__for_SOS_decision_for_Mr_James_Elden_19834__Redacted_.pdf-The panel had seen notes from a telephone call on 3 February 2021, where former Pupil ./_OFFICIAL_SENSITIVE__for_SOS_decision_for_Mr_James_Elden_19834__Redacted_.pdf-C disclosed to the headteacher that she had been in a physical and romantic relationship ./_OFFICIAL_SENSITIVE__for_SOS_decision_for_Mr_James_Elden_19834__Redacted_.pdf-with Mr Elden a few months after she had left School. ./_OFFICIAL_SENSITIVE__for_SOS_decision_for_Mr_James_Elden_19834__Redacted_.pdf-The panel found allegation 2(b) proved on the basis that the relationship between Mr ./_OFFICIAL_SENSITIVE__for_SOS_decision_for_Mr_James_Elden_19834__Redacted_.pdf-Elden and Pupil C was romantic and Mr Elden failed to maintain appropriate and ./_OFFICIAL_SENSITIVE__for_SOS_decision_for_Mr_James_Elden_19834__Redacted_.pdf-professional boundaries, but the panel did not see any evidence to conclude that the ./_OFFICIAL_SENSITIVE__for_SOS_decision_for_Mr_James_Elden_19834__Redacted_.pdf:relationship was also sexual. ./_OFFICIAL_SENSITIVE__for_SOS_decision_for_Mr_James_Elden_19834__Redacted_.pdf- ./_OFFICIAL_SENSITIVE__for_SOS_decision_for_Mr_James_Elden_19834__Redacted_.pdf- c. Engaging in a private group chat with one or more pupils called [redacted] ./_OFFICIAL_SENSITIVE__for_SOS_decision_for_Mr_James_Elden_19834__Redacted_.pdf- Updates’ ./_OFFICIAL_SENSITIVE__for_SOS_decision_for_Mr_James_Elden_19834__Redacted_.pdf- ./_OFFICIAL_SENSITIVE__for_SOS_decision_for_Mr_James_Elden_19834__Redacted_.pdf- ./_OFFICIAL_SENSITIVE__for_SOS_decision_for_Mr_James_Elden_19834__Redacted_.pdf-Mr Elden admitted in the Statement of Agreed Facts that he engaged in a private ./_OFFICIAL_SENSITIVE__for_SOS_decision_for_Mr_James_Elden_19834__Redacted_.pdf-group chat with one or more pupils called [redacted] Updates’ and he accepted that ./_OFFICIAL_SENSITIVE__for_SOS_decision_for_Mr_James_Elden_19834__Redacted_.pdf-this was overly familiar and inappropriate. ./_OFFICIAL_SENSITIVE__for_SOS_decision_for_Mr_James_Elden_19834__Redacted_.pdf- ./_OFFICIAL_SENSITIVE__for_SOS_decision_for_Mr_James_Elden_19834__Redacted_.pdf-The panel noted that one pupil described the group as a “circle of trust”. -- ./_OFFICIAL_SENSITIVE__for_SOS_decision_for_Mr_James_Elden_19834__Redacted_.pdf-communication with them surrounding their possession of a video recording which ./_OFFICIAL_SENSITIVE__for_SOS_decision_for_Mr_James_Elden_19834__Redacted_.pdf-might be embarrassing to another teacher. ./_OFFICIAL_SENSITIVE__for_SOS_decision_for_Mr_James_Elden_19834__Redacted_.pdf- ./_OFFICIAL_SENSITIVE__for_SOS_decision_for_Mr_James_Elden_19834__Redacted_.pdf-The panel found that Mr Elden’s conduct failed to maintain appropriate and ./_OFFICIAL_SENSITIVE__for_SOS_decision_for_Mr_James_Elden_19834__Redacted_.pdf-professional boundaries. ./_OFFICIAL_SENSITIVE__for_SOS_decision_for_Mr_James_Elden_19834__Redacted_.pdf- ./_OFFICIAL_SENSITIVE__for_SOS_decision_for_Mr_James_Elden_19834__Redacted_.pdf-The panel found allegation 2(f) proved. ./_OFFICIAL_SENSITIVE__for_SOS_decision_for_Mr_James_Elden_19834__Redacted_.pdf- ./_OFFICIAL_SENSITIVE__for_SOS_decision_for_Mr_James_Elden_19834__Redacted_.pdf- ./_OFFICIAL_SENSITIVE__for_SOS_decision_for_Mr_James_Elden_19834__Redacted_.pdf- 3. You engaged in inappropriate and/or unprofessional behaviour in that you ./_OFFICIAL_SENSITIVE__for_SOS_decision_for_Mr_James_Elden_19834__Redacted_.pdf: searched for and/or viewed pornography: ./_OFFICIAL_SENSITIVE__for_SOS_decision_for_Mr_James_Elden_19834__Redacted_.pdf- ./_OFFICIAL_SENSITIVE__for_SOS_decision_for_Mr_James_Elden_19834__Redacted_.pdf- a. During the school day and/or teaching hours; ./_OFFICIAL_SENSITIVE__for_SOS_decision_for_Mr_James_Elden_19834__Redacted_.pdf- ./_OFFICIAL_SENSITIVE__for_SOS_decision_for_Mr_James_Elden_19834__Redacted_.pdf- ./_OFFICIAL_SENSITIVE__for_SOS_decision_for_Mr_James_Elden_19834__Redacted_.pdf-Mr Elden admitted in the Statement of Agreed Facts that he engaged in inappropriate ./_OFFICIAL_SENSITIVE__for_SOS_decision_for_Mr_James_Elden_19834__Redacted_.pdf:and/or unprofessional behaviour by searching and/or viewing pornography during the ./_OFFICIAL_SENSITIVE__for_SOS_decision_for_Mr_James_Elden_19834__Redacted_.pdf-school day/teaching hours during a time when lessons were being conducted ./_OFFICIAL_SENSITIVE__for_SOS_decision_for_Mr_James_Elden_19834__Redacted_.pdf-remotely. Mr Elden states that this conduct did not occur during actual class teaching ./_OFFICIAL_SENSITIVE__for_SOS_decision_for_Mr_James_Elden_19834__Redacted_.pdf-and the conduct occurred on his personal computer. ./_OFFICIAL_SENSITIVE__for_SOS_decision_for_Mr_James_Elden_19834__Redacted_.pdf- ./_OFFICIAL_SENSITIVE__for_SOS_decision_for_Mr_James_Elden_19834__Redacted_.pdf-The panel reviewed the IT investigation report which supported the account in the ./_OFFICIAL_SENSITIVE__for_SOS_decision_for_Mr_James_Elden_19834__Redacted_.pdf-Statement of Agreed Facts. ./_OFFICIAL_SENSITIVE__for_SOS_decision_for_Mr_James_Elden_19834__Redacted_.pdf- ./_OFFICIAL_SENSITIVE__for_SOS_decision_for_Mr_James_Elden_19834__Redacted_.pdf-The panel found Mr Elden’s behaviour to be inappropriate and unprofessional. The ./_OFFICIAL_SENSITIVE__for_SOS_decision_for_Mr_James_Elden_19834__Redacted_.pdf- 8 ./_OFFICIAL_SENSITIVE__for_SOS_decision_for_Mr_James_Elden_19834__Redacted_.pdf- -- ./_OFFICIAL_SENSITIVE__for_SOS_decision_for_Mr_James_Elden_19834__Redacted_.pdf-panel found allegation 3(a) proved. ./_OFFICIAL_SENSITIVE__for_SOS_decision_for_Mr_James_Elden_19834__Redacted_.pdf- ./_OFFICIAL_SENSITIVE__for_SOS_decision_for_Mr_James_Elden_19834__Redacted_.pdf- b. Whilst simultaneously searching and/or viewing pupils’ images on the ./_OFFICIAL_SENSITIVE__for_SOS_decision_for_Mr_James_Elden_19834__Redacted_.pdf- school’s database. ./_OFFICIAL_SENSITIVE__for_SOS_decision_for_Mr_James_Elden_19834__Redacted_.pdf- ./_OFFICIAL_SENSITIVE__for_SOS_decision_for_Mr_James_Elden_19834__Redacted_.pdf- ./_OFFICIAL_SENSITIVE__for_SOS_decision_for_Mr_James_Elden_19834__Redacted_.pdf-Mr Elden admitted in the Statement of Agreed Facts that whilst searching for / viewing ./_OFFICIAL_SENSITIVE__for_SOS_decision_for_Mr_James_Elden_19834__Redacted_.pdf:pornography he searched and/or viewed pupil images on the School’s database. ./_OFFICIAL_SENSITIVE__for_SOS_decision_for_Mr_James_Elden_19834__Redacted_.pdf-The panel reviewed the IT investigation report which supported the account in the ./_OFFICIAL_SENSITIVE__for_SOS_decision_for_Mr_James_Elden_19834__Redacted_.pdf-Statement of Agreed Facts. ./_OFFICIAL_SENSITIVE__for_SOS_decision_for_Mr_James_Elden_19834__Redacted_.pdf-The panel found Mr Elden’s behaviour to be inappropriate and unprofessional. ./_OFFICIAL_SENSITIVE__for_SOS_decision_for_Mr_James_Elden_19834__Redacted_.pdf-The panel found allegation 3(b) proved. ./_OFFICIAL_SENSITIVE__for_SOS_decision_for_Mr_James_Elden_19834__Redacted_.pdf- ./_OFFICIAL_SENSITIVE__for_SOS_decision_for_Mr_James_Elden_19834__Redacted_.pdf- ./_OFFICIAL_SENSITIVE__for_SOS_decision_for_Mr_James_Elden_19834__Redacted_.pdf- 4. Your conduct as may be found proven at Allegations 1 (a) and/or 2 (a)-(f) and/or ./_OFFICIAL_SENSITIVE__for_SOS_decision_for_Mr_James_Elden_19834__Redacted_.pdf- 3 (a)-(b) was conduct of a sexual nature and/or was sexually motivated. ./_OFFICIAL_SENSITIVE__for_SOS_decision_for_Mr_James_Elden_19834__Redacted_.pdf- ./_OFFICIAL_SENSITIVE__for_SOS_decision_for_Mr_James_Elden_19834__Redacted_.pdf- -- ./_OFFICIAL_SENSITIVE__for_SOS_decision_for_Mr_James_Elden_19834__Redacted_.pdf-The panel considered the case of GMC v Haris (2020). The panel asked itself whether on ./_OFFICIAL_SENSITIVE__for_SOS_decision_for_Mr_James_Elden_19834__Redacted_.pdf-the balance of probabilities, reasonable persons would think the words and actions found ./_OFFICIAL_SENSITIVE__for_SOS_decision_for_Mr_James_Elden_19834__Redacted_.pdf-proven could be sexual. ./_OFFICIAL_SENSITIVE__for_SOS_decision_for_Mr_James_Elden_19834__Redacted_.pdf- ./_OFFICIAL_SENSITIVE__for_SOS_decision_for_Mr_James_Elden_19834__Redacted_.pdf-The panel considered that Mr Elden’s conduct in allegations 1(a), 2(a)-(f) and 3(a)-(b) was ./_OFFICIAL_SENSITIVE__for_SOS_decision_for_Mr_James_Elden_19834__Redacted_.pdf-sexually motivated for the following reasons: ./_OFFICIAL_SENSITIVE__for_SOS_decision_for_Mr_James_Elden_19834__Redacted_.pdf- ./_OFFICIAL_SENSITIVE__for_SOS_decision_for_Mr_James_Elden_19834__Redacted_.pdf-The panel noted that by the very nature of Mr Elden’s conduct in obtaining and/or storing ./_OFFICIAL_SENSITIVE__for_SOS_decision_for_Mr_James_Elden_19834__Redacted_.pdf-one or more images of pupils and/or former pupils wearing swimwear; engaging in ./_OFFICIAL_SENSITIVE__for_SOS_decision_for_Mr_James_Elden_19834__Redacted_.pdf-inappropriate, personal conversations on Microsoft Teams and on social media; engaging ./_OFFICIAL_SENSITIVE__for_SOS_decision_for_Mr_James_Elden_19834__Redacted_.pdf:in a romantic and physical relationship with a former Pupil; and viewing pornographic ./_OFFICIAL_SENSITIVE__for_SOS_decision_for_Mr_James_Elden_19834__Redacted_.pdf:content during the School day was in pursuit of his own sexual gratification. The panel was ./_OFFICIAL_SENSITIVE__for_SOS_decision_for_Mr_James_Elden_19834__Redacted_.pdf:of the view that his actions would be considered by a reasonable person to be sexually ./_OFFICIAL_SENSITIVE__for_SOS_decision_for_Mr_James_Elden_19834__Redacted_.pdf-motivated. ./_OFFICIAL_SENSITIVE__for_SOS_decision_for_Mr_James_Elden_19834__Redacted_.pdf- ./_OFFICIAL_SENSITIVE__for_SOS_decision_for_Mr_James_Elden_19834__Redacted_.pdf-In addition, the panel noted that Mr Elden was aware that his conduct was inappropriate as ./_OFFICIAL_SENSITIVE__for_SOS_decision_for_Mr_James_Elden_19834__Redacted_.pdf-he admitted that when the relationship with Pupil C became physical i.e. when they kissed, ./_OFFICIAL_SENSITIVE__for_SOS_decision_for_Mr_James_Elden_19834__Redacted_.pdf-Mr Elden told Pupil C that he could not see her again. ./_OFFICIAL_SENSITIVE__for_SOS_decision_for_Mr_James_Elden_19834__Redacted_.pdf- ./_OFFICIAL_SENSITIVE__for_SOS_decision_for_Mr_James_Elden_19834__Redacted_.pdf-The panel found allegation 4 proved. ./_OFFICIAL_SENSITIVE__for_SOS_decision_for_Mr_James_Elden_19834__Redacted_.pdf- ./_OFFICIAL_SENSITIVE__for_SOS_decision_for_Mr_James_Elden_19834__Redacted_.pdf- ./_OFFICIAL_SENSITIVE__for_SOS_decision_for_Mr_James_Elden_19834__Redacted_.pdf- 5. Your conduct as may be found proven at Allegations 1 (c) and/or 2 (f) was -- ./_OFFICIAL_SENSITIVE__for_SOS_decision_for_Mr_James_Elden_19834__Redacted_.pdf-The panel was satisfied that the conduct of Mr Elden fell significantly short of the standards ./_OFFICIAL_SENSITIVE__for_SOS_decision_for_Mr_James_Elden_19834__Redacted_.pdf-of behaviour expected of a teacher. ./_OFFICIAL_SENSITIVE__for_SOS_decision_for_Mr_James_Elden_19834__Redacted_.pdf- ./_OFFICIAL_SENSITIVE__for_SOS_decision_for_Mr_James_Elden_19834__Redacted_.pdf-The panel also considered whether Mr Elden’s conduct displayed behaviours associated ./_OFFICIAL_SENSITIVE__for_SOS_decision_for_Mr_James_Elden_19834__Redacted_.pdf-with any of the offences in the list that begins on page 12 of the Advice. ./_OFFICIAL_SENSITIVE__for_SOS_decision_for_Mr_James_Elden_19834__Redacted_.pdf- ./_OFFICIAL_SENSITIVE__for_SOS_decision_for_Mr_James_Elden_19834__Redacted_.pdf:The panel found that the offence of sexual communication with a child was relevant. ./_OFFICIAL_SENSITIVE__for_SOS_decision_for_Mr_James_Elden_19834__Redacted_.pdf- ./_OFFICIAL_SENSITIVE__for_SOS_decision_for_Mr_James_Elden_19834__Redacted_.pdf-The Advice indicates that where behaviours associated with such an offence exist, a panel ./_OFFICIAL_SENSITIVE__for_SOS_decision_for_Mr_James_Elden_19834__Redacted_.pdf-is likely to conclude that an individual’s conduct would amount to unacceptable ./_OFFICIAL_SENSITIVE__for_SOS_decision_for_Mr_James_Elden_19834__Redacted_.pdf-professional conduct. ./_OFFICIAL_SENSITIVE__for_SOS_decision_for_Mr_James_Elden_19834__Redacted_.pdf- ./_OFFICIAL_SENSITIVE__for_SOS_decision_for_Mr_James_Elden_19834__Redacted_.pdf-Accordingly, the panel was satisfied that Mr Elden was guilty of unacceptable professional ./_OFFICIAL_SENSITIVE__for_SOS_decision_for_Mr_James_Elden_19834__Redacted_.pdf-conduct. ./_OFFICIAL_SENSITIVE__for_SOS_decision_for_Mr_James_Elden_19834__Redacted_.pdf- ./_OFFICIAL_SENSITIVE__for_SOS_decision_for_Mr_James_Elden_19834__Redacted_.pdf-The panel took into account the way the teaching profession is viewed by others, the ./_OFFICIAL_SENSITIVE__for_SOS_decision_for_Mr_James_Elden_19834__Redacted_.pdf-responsibilities and duties of teachers in relation to the safeguarding and welfare of pupils ./_OFFICIAL_SENSITIVE__for_SOS_decision_for_Mr_James_Elden_19834__Redacted_.pdf-and considered the influence that teachers may have on pupils, parents and others in the ./_OFFICIAL_SENSITIVE__for_SOS_decision_for_Mr_James_Elden_19834__Redacted_.pdf-community. The panel also took account of the uniquely influential role that teachers can ./_OFFICIAL_SENSITIVE__for_SOS_decision_for_Mr_James_Elden_19834__Redacted_.pdf-hold in pupils’ lives and the fact that pupils must be able to view teachers as role models in ./_OFFICIAL_SENSITIVE__for_SOS_decision_for_Mr_James_Elden_19834__Redacted_.pdf-the way they behave. ./_OFFICIAL_SENSITIVE__for_SOS_decision_for_Mr_James_Elden_19834__Redacted_.pdf- ./_OFFICIAL_SENSITIVE__for_SOS_decision_for_Mr_James_Elden_19834__Redacted_.pdf-The panel also considered whether Mr Elden’s conduct displayed behaviours associated ./_OFFICIAL_SENSITIVE__for_SOS_decision_for_Mr_James_Elden_19834__Redacted_.pdf-with any of the offences in the list that begins on page 12 of the Advice. ./_OFFICIAL_SENSITIVE__for_SOS_decision_for_Mr_James_Elden_19834__Redacted_.pdf- ./_OFFICIAL_SENSITIVE__for_SOS_decision_for_Mr_James_Elden_19834__Redacted_.pdf:The panel found that the offence of sexual communication with a child was relevant. ./_OFFICIAL_SENSITIVE__for_SOS_decision_for_Mr_James_Elden_19834__Redacted_.pdf- ./_OFFICIAL_SENSITIVE__for_SOS_decision_for_Mr_James_Elden_19834__Redacted_.pdf-The Advice indicates that where behaviours associated with such an offence exist, a panel ./_OFFICIAL_SENSITIVE__for_SOS_decision_for_Mr_James_Elden_19834__Redacted_.pdf-is likely to conclude that an individual’s conduct would amount to conduct that may bring ./_OFFICIAL_SENSITIVE__for_SOS_decision_for_Mr_James_Elden_19834__Redacted_.pdf-the profession into disrepute. ./_OFFICIAL_SENSITIVE__for_SOS_decision_for_Mr_James_Elden_19834__Redacted_.pdf- ./_OFFICIAL_SENSITIVE__for_SOS_decision_for_Mr_James_Elden_19834__Redacted_.pdf-The panel noted that the advice is not intended to be exhaustive and there may be other ./_OFFICIAL_SENSITIVE__for_SOS_decision_for_Mr_James_Elden_19834__Redacted_.pdf-behaviours that panels consider to be “conduct that may bring the profession into ./_OFFICIAL_SENSITIVE__for_SOS_decision_for_Mr_James_Elden_19834__Redacted_.pdf-disrepute”. The panel noted that a former pupil stated that Mr Elden’s conduct had “broken ./_OFFICIAL_SENSITIVE__for_SOS_decision_for_Mr_James_Elden_19834__Redacted_.pdf-that trust and understanding. Especially because of the student-teacher relationship.” ./_OFFICIAL_SENSITIVE__for_SOS_decision_for_Mr_James_Elden_19834__Redacted_.pdf- -- ./_OFFICIAL_SENSITIVE__for_SOS_decision_for_Mr_James_Elden_19834__Redacted_.pdf-any mitigation offered by Mr Elden and whether a prohibition order is necessary and ./_OFFICIAL_SENSITIVE__for_SOS_decision_for_Mr_James_Elden_19834__Redacted_.pdf-proportionate. Prohibition orders should not be given in order to be punitive, or to show that ./_OFFICIAL_SENSITIVE__for_SOS_decision_for_Mr_James_Elden_19834__Redacted_.pdf-blame has been apportioned, although they are likely to have a punitive effect. ./_OFFICIAL_SENSITIVE__for_SOS_decision_for_Mr_James_Elden_19834__Redacted_.pdf- ./_OFFICIAL_SENSITIVE__for_SOS_decision_for_Mr_James_Elden_19834__Redacted_.pdf-The panel had regard to the particular public interest considerations set out in the Advice ./_OFFICIAL_SENSITIVE__for_SOS_decision_for_Mr_James_Elden_19834__Redacted_.pdf-and having done so, found a number of them to be relevant in this case, namely: the ./_OFFICIAL_SENSITIVE__for_SOS_decision_for_Mr_James_Elden_19834__Redacted_.pdf-safeguarding and wellbeing of pupils, the protection of other members of the public, the ./_OFFICIAL_SENSITIVE__for_SOS_decision_for_Mr_James_Elden_19834__Redacted_.pdf-maintenance of public confidence in the profession and declaring and upholding proper ./_OFFICIAL_SENSITIVE__for_SOS_decision_for_Mr_James_Elden_19834__Redacted_.pdf-standards of conduct. ./_OFFICIAL_SENSITIVE__for_SOS_decision_for_Mr_James_Elden_19834__Redacted_.pdf- ./_OFFICIAL_SENSITIVE__for_SOS_decision_for_Mr_James_Elden_19834__Redacted_.pdf:In the light of the panel’s findings against Mr Elden, which involved findings of sexual ./_OFFICIAL_SENSITIVE__for_SOS_decision_for_Mr_James_Elden_19834__Redacted_.pdf-motivation and a lack of integrity, there was a strong public interest consideration in ./_OFFICIAL_SENSITIVE__for_SOS_decision_for_Mr_James_Elden_19834__Redacted_.pdf-respect of the safeguarding and wellbeing of pupils given the serious findings of failing to ./_OFFICIAL_SENSITIVE__for_SOS_decision_for_Mr_James_Elden_19834__Redacted_.pdf-maintain appropriate professional boundaries with pupils and engage in inappropriate and ./_OFFICIAL_SENSITIVE__for_SOS_decision_for_Mr_James_Elden_19834__Redacted_.pdf-unprofessional behaviour. ./_OFFICIAL_SENSITIVE__for_SOS_decision_for_Mr_James_Elden_19834__Redacted_.pdf- ./_OFFICIAL_SENSITIVE__for_SOS_decision_for_Mr_James_Elden_19834__Redacted_.pdf-Similarly, the panel considered that public confidence in the profession could be seriously ./_OFFICIAL_SENSITIVE__for_SOS_decision_for_Mr_James_Elden_19834__Redacted_.pdf-weakened if conduct such as that found against Mr Elden were not treated with the utmost ./_OFFICIAL_SENSITIVE__for_SOS_decision_for_Mr_James_Elden_19834__Redacted_.pdf-seriousness when regulating the conduct of the profession. ./_OFFICIAL_SENSITIVE__for_SOS_decision_for_Mr_James_Elden_19834__Redacted_.pdf- ./_OFFICIAL_SENSITIVE__for_SOS_decision_for_Mr_James_Elden_19834__Redacted_.pdf-The panel decided that a strong public interest consideration in declaring proper standards -- ./_OFFICIAL_SENSITIVE__for_SOS_decision_for_Mr_James_Elden_19834__Redacted_.pdf-  an abuse of any trust, knowledge, or influence gained through their professional ./_OFFICIAL_SENSITIVE__for_SOS_decision_for_Mr_James_Elden_19834__Redacted_.pdf: position in order to advance a romantic or sexual relationship with a pupil or ./_OFFICIAL_SENSITIVE__for_SOS_decision_for_Mr_James_Elden_19834__Redacted_.pdf- former pupil; ./_OFFICIAL_SENSITIVE__for_SOS_decision_for_Mr_James_Elden_19834__Redacted_.pdf:  sexual misconduct, for example, involving actions that were sexually motivated or ./_OFFICIAL_SENSITIVE__for_SOS_decision_for_Mr_James_Elden_19834__Redacted_.pdf: of a sexual nature and/or that use or exploit the trust, knowledge or influence ./_OFFICIAL_SENSITIVE__for_SOS_decision_for_Mr_James_Elden_19834__Redacted_.pdf- derived from the individual’s professional position; ./_OFFICIAL_SENSITIVE__for_SOS_decision_for_Mr_James_Elden_19834__Redacted_.pdf- ./_OFFICIAL_SENSITIVE__for_SOS_decision_for_Mr_James_Elden_19834__Redacted_.pdf-  failure in their duty of care towards a child, including exposing a child to risk or ./_OFFICIAL_SENSITIVE__for_SOS_decision_for_Mr_James_Elden_19834__Redacted_.pdf- failing to promote the safety and welfare of the children (as set out in Part 1 of ./_OFFICIAL_SENSITIVE__for_SOS_decision_for_Mr_James_Elden_19834__Redacted_.pdf- KCSIE) ./_OFFICIAL_SENSITIVE__for_SOS_decision_for_Mr_James_Elden_19834__Redacted_.pdf- ./_OFFICIAL_SENSITIVE__for_SOS_decision_for_Mr_James_Elden_19834__Redacted_.pdf-  dishonesty or a lack of integrity, including the deliberate concealment of their ./_OFFICIAL_SENSITIVE__for_SOS_decision_for_Mr_James_Elden_19834__Redacted_.pdf- actions or purposeful destruction of evidence, especially where these behaviours ./_OFFICIAL_SENSITIVE__for_SOS_decision_for_Mr_James_Elden_19834__Redacted_.pdf- have been repeated or had serious consequences, or involved the coercion of ./_OFFICIAL_SENSITIVE__for_SOS_decision_for_Mr_James_Elden_19834__Redacted_.pdf- another person to act in a way contrary to their own interests. ./_OFFICIAL_SENSITIVE__for_SOS_decision_for_Mr_James_Elden_19834__Redacted_.pdf- ./_OFFICIAL_SENSITIVE__for_SOS_decision_for_Mr_James_Elden_19834__Redacted_.pdf-Even though some of the behaviour found proved in this case indicated that a prohibition ./_OFFICIAL_SENSITIVE__for_SOS_decision_for_Mr_James_Elden_19834__Redacted_.pdf-order would be appropriate, taking account of the public interest and the seriousness of the ./_OFFICIAL_SENSITIVE__for_SOS_decision_for_Mr_James_Elden_19834__Redacted_.pdf-behaviour and the likely harm to the public interest were the teacher be allowed to continue ./_OFFICIAL_SENSITIVE__for_SOS_decision_for_Mr_James_Elden_19834__Redacted_.pdf-to teach, the panel went on to consider whether there were mitigating circumstances. ./_OFFICIAL_SENSITIVE__for_SOS_decision_for_Mr_James_Elden_19834__Redacted_.pdf- ./_OFFICIAL_SENSITIVE__for_SOS_decision_for_Mr_James_Elden_19834__Redacted_.pdf-In the light of the panel’s findings, there was evidence that Mr Elden’s actions were ./_OFFICIAL_SENSITIVE__for_SOS_decision_for_Mr_James_Elden_19834__Redacted_.pdf:deliberate. For example, in respect of the finding of sexual motivation, Mr Elden was aware ./_OFFICIAL_SENSITIVE__for_SOS_decision_for_Mr_James_Elden_19834__Redacted_.pdf-that his conduct was inappropriate. Mr Elden admitted this when the relationship with Pupil ./_OFFICIAL_SENSITIVE__for_SOS_decision_for_Mr_James_Elden_19834__Redacted_.pdf-C became physical i.e. when they kissed. ./_OFFICIAL_SENSITIVE__for_SOS_decision_for_Mr_James_Elden_19834__Redacted_.pdf- ./_OFFICIAL_SENSITIVE__for_SOS_decision_for_Mr_James_Elden_19834__Redacted_.pdf-There was no evidence to suggest that Mr Elden was acting under extreme duress, e.g. a ./_OFFICIAL_SENSITIVE__for_SOS_decision_for_Mr_James_Elden_19834__Redacted_.pdf-physical threat or significant intimidation and, in fact, the panel found Mr Elden’s actions to ./_OFFICIAL_SENSITIVE__for_SOS_decision_for_Mr_James_Elden_19834__Redacted_.pdf-be calculated and motivated. ./_OFFICIAL_SENSITIVE__for_SOS_decision_for_Mr_James_Elden_19834__Redacted_.pdf- ./_OFFICIAL_SENSITIVE__for_SOS_decision_for_Mr_James_Elden_19834__Redacted_.pdf-The panel reviewed a reference from his University Dean when Mr Elden was a student ./_OFFICIAL_SENSITIVE__for_SOS_decision_for_Mr_James_Elden_19834__Redacted_.pdf-teacher, describing Mr Elden as having a “clear understanding of the principles ./_OFFICIAL_SENSITIVE__for_SOS_decision_for_Mr_James_Elden_19834__Redacted_.pdf-underpinning good behaviour for learning and developed a good rapport with his classes.” -- ./_OFFICIAL_SENSITIVE__for_SOS_decision_for_Mr_James_Elden_19834__Redacted_.pdf-Secretary of State that a prohibition order should be imposed with immediate effect. ./_OFFICIAL_SENSITIVE__for_SOS_decision_for_Mr_James_Elden_19834__Redacted_.pdf- ./_OFFICIAL_SENSITIVE__for_SOS_decision_for_Mr_James_Elden_19834__Redacted_.pdf-The panel went on to consider whether or not it would be appropriate to recommend that a ./_OFFICIAL_SENSITIVE__for_SOS_decision_for_Mr_James_Elden_19834__Redacted_.pdf-review period of the order should be considered. The panel was mindful that the Advice ./_OFFICIAL_SENSITIVE__for_SOS_decision_for_Mr_James_Elden_19834__Redacted_.pdf-states that a prohibition order applies for life, but there may be circumstances, in any given ./_OFFICIAL_SENSITIVE__for_SOS_decision_for_Mr_James_Elden_19834__Redacted_.pdf-case, that may make it appropriate to allow a teacher to apply to have the prohibition order ./_OFFICIAL_SENSITIVE__for_SOS_decision_for_Mr_James_Elden_19834__Redacted_.pdf-reviewed after a specified period of time that may not be less than 2 years. ./_OFFICIAL_SENSITIVE__for_SOS_decision_for_Mr_James_Elden_19834__Redacted_.pdf- ./_OFFICIAL_SENSITIVE__for_SOS_decision_for_Mr_James_Elden_19834__Redacted_.pdf-The Advice indicates that there are cases involving certain conduct where it is likely that ./_OFFICIAL_SENSITIVE__for_SOS_decision_for_Mr_James_Elden_19834__Redacted_.pdf-the public interest will have greater relevance and weigh in favour of not offering a review ./_OFFICIAL_SENSITIVE__for_SOS_decision_for_Mr_James_Elden_19834__Redacted_.pdf:period. These cases include serious sexual misconduct, e.g. where the act was sexually ./_OFFICIAL_SENSITIVE__for_SOS_decision_for_Mr_James_Elden_19834__Redacted_.pdf-motivated and resulted in, or had the potential to result in, harm to a person or persons, ./_OFFICIAL_SENSITIVE__for_SOS_decision_for_Mr_James_Elden_19834__Redacted_.pdf-particularly where the individual has used his professional position to influence or exploit a ./_OFFICIAL_SENSITIVE__for_SOS_decision_for_Mr_James_Elden_19834__Redacted_.pdf:person or persons or any sexual misconduct involving a child. ./_OFFICIAL_SENSITIVE__for_SOS_decision_for_Mr_James_Elden_19834__Redacted_.pdf- ./_OFFICIAL_SENSITIVE__for_SOS_decision_for_Mr_James_Elden_19834__Redacted_.pdf-The panel found that Mr Elden was responsible for failing to maintain professional and ./_OFFICIAL_SENSITIVE__for_SOS_decision_for_Mr_James_Elden_19834__Redacted_.pdf-appropriate boundaries with pupils and his conduct at allegations 1(a), 2(a)-(f) and 3(a)-(b) ./_OFFICIAL_SENSITIVE__for_SOS_decision_for_Mr_James_Elden_19834__Redacted_.pdf:was conduct that was sexually motivated. The panel noted that Mr Elden’s conduct had the ./_OFFICIAL_SENSITIVE__for_SOS_decision_for_Mr_James_Elden_19834__Redacted_.pdf-potential to result in harm to the pupils given the nature of his conduct, which the panel ./_OFFICIAL_SENSITIVE__for_SOS_decision_for_Mr_James_Elden_19834__Redacted_.pdf-considered to be premeditated and clearly links to the aforementioned behaviours which ./_OFFICIAL_SENSITIVE__for_SOS_decision_for_Mr_James_Elden_19834__Redacted_.pdf-recommend no review period. The panel noted the comments from former pupils, such as: ./_OFFICIAL_SENSITIVE__for_SOS_decision_for_Mr_James_Elden_19834__Redacted_.pdf- ./_OFFICIAL_SENSITIVE__for_SOS_decision_for_Mr_James_Elden_19834__Redacted_.pdf-Mr Elden’s conduct had “broken that trust and understanding. Especially because of the ./_OFFICIAL_SENSITIVE__for_SOS_decision_for_Mr_James_Elden_19834__Redacted_.pdf-student-teacher relationship.” ./_OFFICIAL_SENSITIVE__for_SOS_decision_for_Mr_James_Elden_19834__Redacted_.pdf- ./_OFFICIAL_SENSITIVE__for_SOS_decision_for_Mr_James_Elden_19834__Redacted_.pdf-When referring to allegation 1(a), a former pupil stated “What shocked me the most was ./_OFFICIAL_SENSITIVE__for_SOS_decision_for_Mr_James_Elden_19834__Redacted_.pdf-that it was my Maths teacher.” ./_OFFICIAL_SENSITIVE__for_SOS_decision_for_Mr_James_Elden_19834__Redacted_.pdf- -- ./_OFFICIAL_SENSITIVE__for_SOS_decision_for_Mr_James_Elden_19834__Redacted_.pdf-The panel was satisfied that the conduct of Mr Elden in relation to the facts found proved, ./_OFFICIAL_SENSITIVE__for_SOS_decision_for_Mr_James_Elden_19834__Redacted_.pdf-involved breaches of Working Together to Safeguard Children, including: ./_OFFICIAL_SENSITIVE__for_SOS_decision_for_Mr_James_Elden_19834__Redacted_.pdf- ./_OFFICIAL_SENSITIVE__for_SOS_decision_for_Mr_James_Elden_19834__Redacted_.pdf-  Everyone who works with children has a responsibility for keeping them safe. ./_OFFICIAL_SENSITIVE__for_SOS_decision_for_Mr_James_Elden_19834__Redacted_.pdf- ./_OFFICIAL_SENSITIVE__for_SOS_decision_for_Mr_James_Elden_19834__Redacted_.pdf-The panel finds that the conduct of Mr Elden fell significantly short of the standards ./_OFFICIAL_SENSITIVE__for_SOS_decision_for_Mr_James_Elden_19834__Redacted_.pdf-expected of the profession. ./_OFFICIAL_SENSITIVE__for_SOS_decision_for_Mr_James_Elden_19834__Redacted_.pdf- ./_OFFICIAL_SENSITIVE__for_SOS_decision_for_Mr_James_Elden_19834__Redacted_.pdf-The findings of misconduct are particularly serious as they include failing to maintain ./_OFFICIAL_SENSITIVE__for_SOS_decision_for_Mr_James_Elden_19834__Redacted_.pdf-appropriate professional boundaries with pupils, engaging in inappropriate and ./_OFFICIAL_SENSITIVE__for_SOS_decision_for_Mr_James_Elden_19834__Redacted_.pdf:unprofessional behaviour, sexual motivation and lack of integrity. ./_OFFICIAL_SENSITIVE__for_SOS_decision_for_Mr_James_Elden_19834__Redacted_.pdf- ./_OFFICIAL_SENSITIVE__for_SOS_decision_for_Mr_James_Elden_19834__Redacted_.pdf-I have to determine whether the imposition of a prohibition order is proportionate and in the ./_OFFICIAL_SENSITIVE__for_SOS_decision_for_Mr_James_Elden_19834__Redacted_.pdf-public interest. In considering that for this case, I have considered the overall aim of a ./_OFFICIAL_SENSITIVE__for_SOS_decision_for_Mr_James_Elden_19834__Redacted_.pdf- 16 ./_OFFICIAL_SENSITIVE__for_SOS_decision_for_Mr_James_Elden_19834__Redacted_.pdf- -- ./_OFFICIAL_SENSITIVE__for_SOS_decision_for_Mr_James_Elden_19834__Redacted_.pdf-achieve that aim taking into account the impact that it will have on the individual teacher. I ./_OFFICIAL_SENSITIVE__for_SOS_decision_for_Mr_James_Elden_19834__Redacted_.pdf-have also asked myself, whether a less intrusive measure, such as the published finding of ./_OFFICIAL_SENSITIVE__for_SOS_decision_for_Mr_James_Elden_19834__Redacted_.pdf-unacceptable professional conduct and conduct that may bring the profession into ./_OFFICIAL_SENSITIVE__for_SOS_decision_for_Mr_James_Elden_19834__Redacted_.pdf-disrepute, would itself be sufficient to achieve the overall aim. I have to consider whether ./_OFFICIAL_SENSITIVE__for_SOS_decision_for_Mr_James_Elden_19834__Redacted_.pdf-the consequences of such a publication are themselves sufficient. I have considered ./_OFFICIAL_SENSITIVE__for_SOS_decision_for_Mr_James_Elden_19834__Redacted_.pdf-therefore whether or not prohibiting Mr Elden, and the impact that will have on the teacher, ./_OFFICIAL_SENSITIVE__for_SOS_decision_for_Mr_James_Elden_19834__Redacted_.pdf-is proportionate and in the public interest. ./_OFFICIAL_SENSITIVE__for_SOS_decision_for_Mr_James_Elden_19834__Redacted_.pdf- ./_OFFICIAL_SENSITIVE__for_SOS_decision_for_Mr_James_Elden_19834__Redacted_.pdf-In this case, I have considered the extent to which a prohibition order would protect ./_OFFICIAL_SENSITIVE__for_SOS_decision_for_Mr_James_Elden_19834__Redacted_.pdf-children and safeguard pupils. The panel has observed, “In the light of the panel’s findings ./_OFFICIAL_SENSITIVE__for_SOS_decision_for_Mr_James_Elden_19834__Redacted_.pdf:against Mr Elden, which involved findings of sexual motivation and a lack of integrity, there ./_OFFICIAL_SENSITIVE__for_SOS_decision_for_Mr_James_Elden_19834__Redacted_.pdf-was a strong public interest consideration in respect of the safeguarding and wellbeing of ./_OFFICIAL_SENSITIVE__for_SOS_decision_for_Mr_James_Elden_19834__Redacted_.pdf-pupils given the serious findings of failing to maintain appropriate professional boundaries ./_OFFICIAL_SENSITIVE__for_SOS_decision_for_Mr_James_Elden_19834__Redacted_.pdf-with pupils and engage in inappropriate and unprofessional behaviour.” A prohibition order ./_OFFICIAL_SENSITIVE__for_SOS_decision_for_Mr_James_Elden_19834__Redacted_.pdf-would therefore prevent such a risk from being present in the future. ./_OFFICIAL_SENSITIVE__for_SOS_decision_for_Mr_James_Elden_19834__Redacted_.pdf- ./_OFFICIAL_SENSITIVE__for_SOS_decision_for_Mr_James_Elden_19834__Redacted_.pdf-I have also taken into account the panel’s comments on insight and remorse, which the ./_OFFICIAL_SENSITIVE__for_SOS_decision_for_Mr_James_Elden_19834__Redacted_.pdf-panel sets out as follows, “The panel noted the lack of mitigating circumstances. Whilst Mr ./_OFFICIAL_SENSITIVE__for_SOS_decision_for_Mr_James_Elden_19834__Redacted_.pdf-Elden expresses “his sorrow and remorse,” the panel noted that there was a lack of insight ./_OFFICIAL_SENSITIVE__for_SOS_decision_for_Mr_James_Elden_19834__Redacted_.pdf-into his actions. There was no evidence which suggested that Mr Elden was aware of how ./_OFFICIAL_SENSITIVE__for_SOS_decision_for_Mr_James_Elden_19834__Redacted_.pdf-his conduct could potentially harm the pupils. This affected the panel’s view on whether a -- ./_OFFICIAL_SENSITIVE__for_SOS_decision_for_Mr_James_Elden_19834__Redacted_.pdf-not repeat this behaviour again, which deeply concerned the panel.” ./_OFFICIAL_SENSITIVE__for_SOS_decision_for_Mr_James_Elden_19834__Redacted_.pdf- ./_OFFICIAL_SENSITIVE__for_SOS_decision_for_Mr_James_Elden_19834__Redacted_.pdf-In my judgement, the lack of full insight means that there is some risk of the repetition of ./_OFFICIAL_SENSITIVE__for_SOS_decision_for_Mr_James_Elden_19834__Redacted_.pdf-this behaviour, and this puts at risk the future wellbeing of pupils’. I have therefore given ./_OFFICIAL_SENSITIVE__for_SOS_decision_for_Mr_James_Elden_19834__Redacted_.pdf-this element considerable weight in reaching my decision. ./_OFFICIAL_SENSITIVE__for_SOS_decision_for_Mr_James_Elden_19834__Redacted_.pdf- ./_OFFICIAL_SENSITIVE__for_SOS_decision_for_Mr_James_Elden_19834__Redacted_.pdf-I have gone on to consider the extent to which a prohibition order would maintain public ./_OFFICIAL_SENSITIVE__for_SOS_decision_for_Mr_James_Elden_19834__Redacted_.pdf-confidence in the profession. The panel observe that, “public confidence in the profession ./_OFFICIAL_SENSITIVE__for_SOS_decision_for_Mr_James_Elden_19834__Redacted_.pdf-could be seriously weakened if conduct such as that found against Mr Elden were not ./_OFFICIAL_SENSITIVE__for_SOS_decision_for_Mr_James_Elden_19834__Redacted_.pdf-treated with the utmost seriousness when regulating the conduct of the profession.” I am ./_OFFICIAL_SENSITIVE__for_SOS_decision_for_Mr_James_Elden_19834__Redacted_.pdf:particularly mindful of the finding of sexual motivated conduct in this case and the impact ./_OFFICIAL_SENSITIVE__for_SOS_decision_for_Mr_James_Elden_19834__Redacted_.pdf-that such a finding has on the reputation of the profession. ./_OFFICIAL_SENSITIVE__for_SOS_decision_for_Mr_James_Elden_19834__Redacted_.pdf- ./_OFFICIAL_SENSITIVE__for_SOS_decision_for_Mr_James_Elden_19834__Redacted_.pdf-I have had to consider that the public has a high expectation of professional standards of ./_OFFICIAL_SENSITIVE__for_SOS_decision_for_Mr_James_Elden_19834__Redacted_.pdf-all teachers and that the public might regard a failure to impose a prohibition order as a ./_OFFICIAL_SENSITIVE__for_SOS_decision_for_Mr_James_Elden_19834__Redacted_.pdf-failure to uphold those high standards. In weighing these considerations, I have had to ./_OFFICIAL_SENSITIVE__for_SOS_decision_for_Mr_James_Elden_19834__Redacted_.pdf-consider the matter from the point of view of an “ordinary intelligent and well-informed ./_OFFICIAL_SENSITIVE__for_SOS_decision_for_Mr_James_Elden_19834__Redacted_.pdf-citizen.” ./_OFFICIAL_SENSITIVE__for_SOS_decision_for_Mr_James_Elden_19834__Redacted_.pdf- ./_OFFICIAL_SENSITIVE__for_SOS_decision_for_Mr_James_Elden_19834__Redacted_.pdf-I have considered whether the publication of a finding of unacceptable professional ./_OFFICIAL_SENSITIVE__for_SOS_decision_for_Mr_James_Elden_19834__Redacted_.pdf-conduct, in the absence of a prohibition order, can itself be regarded by such a person as -- ./_OFFICIAL_SENSITIVE__for_SOS_decision_for_Mr_James_Elden_19834__Redacted_.pdf-above outweigh any interest in retaining Mr Elden in the profession, since his behaviour ./_OFFICIAL_SENSITIVE__for_SOS_decision_for_Mr_James_Elden_19834__Redacted_.pdf-fundamentally breached the standard of conduct expected of a teacher, and he sought to ./_OFFICIAL_SENSITIVE__for_SOS_decision_for_Mr_James_Elden_19834__Redacted_.pdf-exploit his position of trust.” ./_OFFICIAL_SENSITIVE__for_SOS_decision_for_Mr_James_Elden_19834__Redacted_.pdf- ./_OFFICIAL_SENSITIVE__for_SOS_decision_for_Mr_James_Elden_19834__Redacted_.pdf-A prohibition order would prevent Mr Elden from teaching. A prohibition order would also ./_OFFICIAL_SENSITIVE__for_SOS_decision_for_Mr_James_Elden_19834__Redacted_.pdf-clearly deprive the public of his contribution to the profession for the period that it is in ./_OFFICIAL_SENSITIVE__for_SOS_decision_for_Mr_James_Elden_19834__Redacted_.pdf-force. ./_OFFICIAL_SENSITIVE__for_SOS_decision_for_Mr_James_Elden_19834__Redacted_.pdf- ./_OFFICIAL_SENSITIVE__for_SOS_decision_for_Mr_James_Elden_19834__Redacted_.pdf-In this case, I have placed considerable weight on the panel’s comments, “there was ./_OFFICIAL_SENSITIVE__for_SOS_decision_for_Mr_James_Elden_19834__Redacted_.pdf-evidence that Mr Elden’s actions were deliberate. For example, in respect of the finding of ./_OFFICIAL_SENSITIVE__for_SOS_decision_for_Mr_James_Elden_19834__Redacted_.pdf:sexual motivation, Mr Elden was aware that his conduct was inappropriate. Mr Elden ./_OFFICIAL_SENSITIVE__for_SOS_decision_for_Mr_James_Elden_19834__Redacted_.pdf-admitted this when the relationship with Pupil C became physical i.e. when they kissed.” ./_OFFICIAL_SENSITIVE__for_SOS_decision_for_Mr_James_Elden_19834__Redacted_.pdf- ./_OFFICIAL_SENSITIVE__for_SOS_decision_for_Mr_James_Elden_19834__Redacted_.pdf-I have also placed considerable weight on the finding “Mr Elden was responsible for failing ./_OFFICIAL_SENSITIVE__for_SOS_decision_for_Mr_James_Elden_19834__Redacted_.pdf-to maintain professional and appropriate boundaries with pupils and his conduct at ./_OFFICIAL_SENSITIVE__for_SOS_decision_for_Mr_James_Elden_19834__Redacted_.pdf:allegations 1(a), 2(a)-(f) and 3(a)-(b) was conduct that was sexually motivated. The panel ./_OFFICIAL_SENSITIVE__for_SOS_decision_for_Mr_James_Elden_19834__Redacted_.pdf-noted that Mr Elden’s conduct had the potential to result in harm to the pupils given the ./_OFFICIAL_SENSITIVE__for_SOS_decision_for_Mr_James_Elden_19834__Redacted_.pdf-nature of his conduct, which the panel considered to be premeditated and clearly links to ./_OFFICIAL_SENSITIVE__for_SOS_decision_for_Mr_James_Elden_19834__Redacted_.pdf-the aforementioned behaviours which recommend no review period. The panel noted the ./_OFFICIAL_SENSITIVE__for_SOS_decision_for_Mr_James_Elden_19834__Redacted_.pdf-comments from former pupils, such as: ./_OFFICIAL_SENSITIVE__for_SOS_decision_for_Mr_James_Elden_19834__Redacted_.pdf- ./_OFFICIAL_SENSITIVE__for_SOS_decision_for_Mr_James_Elden_19834__Redacted_.pdf-Mr Elden’s conduct had “broken that trust and understanding. Especially because of the ./_OFFICIAL_SENSITIVE__for_SOS_decision_for_Mr_James_Elden_19834__Redacted_.pdf-student-teacher relationship.” ./_OFFICIAL_SENSITIVE__for_SOS_decision_for_Mr_James_Elden_19834__Redacted_.pdf- ./_OFFICIAL_SENSITIVE__for_SOS_decision_for_Mr_James_Elden_19834__Redacted_.pdf-I have given less weight in my consideration of sanction therefore, to the contribution that ./_OFFICIAL_SENSITIVE__for_SOS_decision_for_Mr_James_Elden_19834__Redacted_.pdf-Mr Elden has made to the profession. In my view, it is necessary to impose a prohibition ./_OFFICIAL_SENSITIVE__for_SoS__decision_Mr__Portass_Mark__18749_.pdf-Allegations ./_OFFICIAL_SENSITIVE__for_SoS__decision_Mr__Portass_Mark__18749_.pdf-The panel considered the allegation set out in the notice of proceedings dated 24 March ./_OFFICIAL_SENSITIVE__for_SoS__decision_Mr__Portass_Mark__18749_.pdf-2022. ./_OFFICIAL_SENSITIVE__for_SoS__decision_Mr__Portass_Mark__18749_.pdf- ./_OFFICIAL_SENSITIVE__for_SoS__decision_Mr__Portass_Mark__18749_.pdf-It was alleged that Mr Portass had been convicted of a relevant offence, in that: ./_OFFICIAL_SENSITIVE__for_SoS__decision_Mr__Portass_Mark__18749_.pdf- ./_OFFICIAL_SENSITIVE__for_SoS__decision_Mr__Portass_Mark__18749_.pdf- On 16 September 2020, at the Coventry and Warwickshire (Coventry) Magistrates’ ./_OFFICIAL_SENSITIVE__for_SoS__decision_Mr__Portass_Mark__18749_.pdf- Court, he was convicted of ‘being a person aged 18 or over, for the purpose of ./_OFFICIAL_SENSITIVE__for_SoS__decision_Mr__Portass_Mark__18749_.pdf: obtaining sexual gratification, intentionally attempted to communicate with Person ./_OFFICIAL_SENSITIVE__for_SoS__decision_Mr__Portass_Mark__18749_.pdf- A, a person under 16 who he did not reasonably believe to be 16 or over, the ./_OFFICIAL_SENSITIVE__for_SoS__decision_Mr__Portass_Mark__18749_.pdf: communication being sexual, namely talking about her breasts and bottom and ./_OFFICIAL_SENSITIVE__for_SoS__decision_Mr__Portass_Mark__18749_.pdf- touching her. Contrary to section 1(1) of the Criminal Attempts Act 1981. ./_OFFICIAL_SENSITIVE__for_SoS__decision_Mr__Portass_Mark__18749_.pdf- ./_OFFICIAL_SENSITIVE__for_SoS__decision_Mr__Portass_Mark__18749_.pdf-Mr Portass had not responded to the notice. Accordingly, the allegation was treated as ./_OFFICIAL_SENSITIVE__for_SoS__decision_Mr__Portass_Mark__18749_.pdf-denied by the panel. ./_OFFICIAL_SENSITIVE__for_SoS__decision_Mr__Portass_Mark__18749_.pdf- ./_OFFICIAL_SENSITIVE__for_SoS__decision_Mr__Portass_Mark__18749_.pdf- ./_OFFICIAL_SENSITIVE__for_SoS__decision_Mr__Portass_Mark__18749_.pdf-Preliminary application ./_OFFICIAL_SENSITIVE__for_SoS__decision_Mr__Portass_Mark__18749_.pdf-Application to proceed in the absence of Mr Portass ./_OFFICIAL_SENSITIVE__for_SoS__decision_Mr__Portass_Mark__18749_.pdf- ./_OFFICIAL_SENSITIVE__for_SoS__decision_Mr__Portass_Mark__18749_.pdf-The panel considered an application from the presenting officer to proceed in the -- ./_OFFICIAL_SENSITIVE__for_SoS__decision_Mr__Portass_Mark__18749_.pdf-Decision and reasons ./_OFFICIAL_SENSITIVE__for_SoS__decision_Mr__Portass_Mark__18749_.pdf-The panel announced its decision and reasons as follows: ./_OFFICIAL_SENSITIVE__for_SoS__decision_Mr__Portass_Mark__18749_.pdf- ./_OFFICIAL_SENSITIVE__for_SoS__decision_Mr__Portass_Mark__18749_.pdf-The panel carefully considered the case before it and reached a decision. ./_OFFICIAL_SENSITIVE__for_SoS__decision_Mr__Portass_Mark__18749_.pdf- ./_OFFICIAL_SENSITIVE__for_SoS__decision_Mr__Portass_Mark__18749_.pdf-On 20 September 2019, police officers attended a property believed to be occupied by ./_OFFICIAL_SENSITIVE__for_SoS__decision_Mr__Portass_Mark__18749_.pdf-Mr Portass to execute a warrant. The warrant was obtained on the basis of intelligence ./_OFFICIAL_SENSITIVE__for_SoS__decision_Mr__Portass_Mark__18749_.pdf:which indicated that Mr Portass had engaged in sexual communication, via the internet, ./_OFFICIAL_SENSITIVE__for_SoS__decision_Mr__Portass_Mark__18749_.pdf-with a 13 year old girl. ./_OFFICIAL_SENSITIVE__for_SoS__decision_Mr__Portass_Mark__18749_.pdf- ./_OFFICIAL_SENSITIVE__for_SoS__decision_Mr__Portass_Mark__18749_.pdf-Evidence obtained by the police was to the effect that Mr Portass engaged in this activity ./_OFFICIAL_SENSITIVE__for_SoS__decision_Mr__Portass_Mark__18749_.pdf-on 9 May 2019, using the Lycos chat platform. ./_OFFICIAL_SENSITIVE__for_SoS__decision_Mr__Portass_Mark__18749_.pdf- ./_OFFICIAL_SENSITIVE__for_SoS__decision_Mr__Portass_Mark__18749_.pdf-Mr Portass was arrested and interviewed whilst in police custody. A recording of his ./_OFFICIAL_SENSITIVE__for_SoS__decision_Mr__Portass_Mark__18749_.pdf-interview together with a transcript were included in evidence. ./_OFFICIAL_SENSITIVE__for_SoS__decision_Mr__Portass_Mark__18749_.pdf- ./_OFFICIAL_SENSITIVE__for_SoS__decision_Mr__Portass_Mark__18749_.pdf-Mr Portass was subsequently prosecuted for an offence under the Criminal Attempts Act ./_OFFICIAL_SENSITIVE__for_SoS__decision_Mr__Portass_Mark__18749_.pdf-1981 and was convicted, upon entering a guilty plea, on 16 September 2020. ./_OFFICIAL_SENSITIVE__for_SoS__decision_Mr__Portass_Mark__18749_.pdf- ./_OFFICIAL_SENSITIVE__for_SoS__decision_Mr__Portass_Mark__18749_.pdf-Findings of fact ./_OFFICIAL_SENSITIVE__for_SoS__decision_Mr__Portass_Mark__18749_.pdf- ./_OFFICIAL_SENSITIVE__for_SoS__decision_Mr__Portass_Mark__18749_.pdf-The findings of fact are as follows: ./_OFFICIAL_SENSITIVE__for_SoS__decision_Mr__Portass_Mark__18749_.pdf- ./_OFFICIAL_SENSITIVE__for_SoS__decision_Mr__Portass_Mark__18749_.pdf- On 16 September 2020, at the Coventry and Warwickshire (Coventry) ./_OFFICIAL_SENSITIVE__for_SoS__decision_Mr__Portass_Mark__18749_.pdf- Magistrates’ Court, you were convicted of ‘being a person aged 18 or over, ./_OFFICIAL_SENSITIVE__for_SoS__decision_Mr__Portass_Mark__18749_.pdf: for the purpose of obtaining sexual gratification, intentionally attempted to ./_OFFICIAL_SENSITIVE__for_SoS__decision_Mr__Portass_Mark__18749_.pdf- communicate with Person A, a person under 16 who you did not reasonably ./_OFFICIAL_SENSITIVE__for_SoS__decision_Mr__Portass_Mark__18749_.pdf: believe to be 16 or over, the communication being sexual, namely talking ./_OFFICIAL_SENSITIVE__for_SoS__decision_Mr__Portass_Mark__18749_.pdf- about her breasts and bottom and touching her. Contrary to section 1(1) of ./_OFFICIAL_SENSITIVE__for_SoS__decision_Mr__Portass_Mark__18749_.pdf- the Criminal Attempts Act 1981. ./_OFFICIAL_SENSITIVE__for_SoS__decision_Mr__Portass_Mark__18749_.pdf- ./_OFFICIAL_SENSITIVE__for_SoS__decision_Mr__Portass_Mark__18749_.pdf-The panel was presented with a memorandum of conviction of the Coventry and ./_OFFICIAL_SENSITIVE__for_SoS__decision_Mr__Portass_Mark__18749_.pdf-Warwickshire Magistrates' Court dated 20 October 2020. ./_OFFICIAL_SENSITIVE__for_SoS__decision_Mr__Portass_Mark__18749_.pdf- ./_OFFICIAL_SENSITIVE__for_SoS__decision_Mr__Portass_Mark__18749_.pdf-It confirmed that, on 16 September 2020 and upon his guilty plea, Mr Portass was ./_OFFICIAL_SENSITIVE__for_SoS__decision_Mr__Portass_Mark__18749_.pdf-convicted of an offence contrary to section 1(1) of the Criminal Attempts Act 1981. ./_OFFICIAL_SENSITIVE__for_SoS__decision_Mr__Portass_Mark__18749_.pdf- ./_OFFICIAL_SENSITIVE__for_SoS__decision_Mr__Portass_Mark__18749_.pdf-Specifically, the memorandum records that, on 9 May 2019 and for the purposes of ./_OFFICIAL_SENSITIVE__for_SoS__decision_Mr__Portass_Mark__18749_.pdf:obtaining sexual gratification, Mr Portass intentionally attempted to communicate with ./_OFFICIAL_SENSITIVE__for_SoS__decision_Mr__Portass_Mark__18749_.pdf-Person A, a person under 16 who he did not reasonably believe to be 16 or over. The ./_OFFICIAL_SENSITIVE__for_SoS__decision_Mr__Portass_Mark__18749_.pdf:communication was sexual, namely talking about her breasts and bottom and touching ./_OFFICIAL_SENSITIVE__for_SoS__decision_Mr__Portass_Mark__18749_.pdf-her. ./_OFFICIAL_SENSITIVE__for_SoS__decision_Mr__Portass_Mark__18749_.pdf- ./_OFFICIAL_SENSITIVE__for_SoS__decision_Mr__Portass_Mark__18749_.pdf-The memorandum further confirms that Mr Portass was sentenced to: ./_OFFICIAL_SENSITIVE__for_SoS__decision_Mr__Portass_Mark__18749_.pdf- ./_OFFICIAL_SENSITIVE__for_SoS__decision_Mr__Portass_Mark__18749_.pdf- ./_OFFICIAL_SENSITIVE__for_SoS__decision_Mr__Portass_Mark__18749_.pdf- 6 ./_OFFICIAL_SENSITIVE__for_SoS__decision_Mr__Portass_Mark__18749_.pdf- -- ./_OFFICIAL_SENSITIVE__for_SoS__decision_Mr__Portass_Mark__18749_.pdf- ./_OFFICIAL_SENSITIVE__for_SoS__decision_Mr__Portass_Mark__18749_.pdf-  Teachers must have an understanding of, and always act within, the statutory ./_OFFICIAL_SENSITIVE__for_SoS__decision_Mr__Portass_Mark__18749_.pdf- frameworks which set out their professional duties and responsibilities. ./_OFFICIAL_SENSITIVE__for_SoS__decision_Mr__Portass_Mark__18749_.pdf- ./_OFFICIAL_SENSITIVE__for_SoS__decision_Mr__Portass_Mark__18749_.pdf-Although Mr Portass' actions did not take place in an education setting, the panel ./_OFFICIAL_SENSITIVE__for_SoS__decision_Mr__Portass_Mark__18749_.pdf-determined that they were relevant to teaching, working with children and working in an ./_OFFICIAL_SENSITIVE__for_SoS__decision_Mr__Portass_Mark__18749_.pdf-education setting. ./_OFFICIAL_SENSITIVE__for_SoS__decision_Mr__Portass_Mark__18749_.pdf- ./_OFFICIAL_SENSITIVE__for_SoS__decision_Mr__Portass_Mark__18749_.pdf-The offence was very concerning in nature. The purported age of the child and the nature ./_OFFICIAL_SENSITIVE__for_SoS__decision_Mr__Portass_Mark__18749_.pdf-and content of the communications were such that Mr Portass' actions could be ./_OFFICIAL_SENSITIVE__for_SoS__decision_Mr__Portass_Mark__18749_.pdf:categorised as serious. The conviction was for an offence involving sexual ./_OFFICIAL_SENSITIVE__for_SoS__decision_Mr__Portass_Mark__18749_.pdf-communication with a child, which the Advice states is likely to be considered a relevant ./_OFFICIAL_SENSITIVE__for_SoS__decision_Mr__Portass_Mark__18749_.pdf-offence. ./_OFFICIAL_SENSITIVE__for_SoS__decision_Mr__Portass_Mark__18749_.pdf- ./_OFFICIAL_SENSITIVE__for_SoS__decision_Mr__Portass_Mark__18749_.pdf-Mr Portass' behaviour in committing this offence plainly engaged public and child ./_OFFICIAL_SENSITIVE__for_SoS__decision_Mr__Portass_Mark__18749_.pdf-protection issues. ./_OFFICIAL_SENSITIVE__for_SoS__decision_Mr__Portass_Mark__18749_.pdf- ./_OFFICIAL_SENSITIVE__for_SoS__decision_Mr__Portass_Mark__18749_.pdf-The panel also took account of the way the teaching profession is viewed by others. The ./_OFFICIAL_SENSITIVE__for_SoS__decision_Mr__Portass_Mark__18749_.pdf-panel considered that Mr Portass' behaviour in committing this offence would ./_OFFICIAL_SENSITIVE__for_SoS__decision_Mr__Portass_Mark__18749_.pdf-undoubtedly affect public confidence in the teaching profession, particularly given the ./_OFFICIAL_SENSITIVE__for_SoS__decision_Mr__Portass_Mark__18749_.pdf-influence that teachers may have on pupils, parents and others in the community. -- ./_OFFICIAL_SENSITIVE__for_SoS__decision_Mr__Portass_Mark__18749_.pdf- ./_OFFICIAL_SENSITIVE__for_SoS__decision_Mr__Portass_Mark__18749_.pdf-  the commission of a serious criminal offence, including those that resulted in a ./_OFFICIAL_SENSITIVE__for_SoS__decision_Mr__Portass_Mark__18749_.pdf- conviction or caution, paying particular attention to offences that are ‘relevant ./_OFFICIAL_SENSITIVE__for_SoS__decision_Mr__Portass_Mark__18749_.pdf- matters’ for the purposes of the Police Act 1997 and criminal record disclosures; ./_OFFICIAL_SENSITIVE__for_SoS__decision_Mr__Portass_Mark__18749_.pdf- ./_OFFICIAL_SENSITIVE__for_SoS__decision_Mr__Portass_Mark__18749_.pdf-  misconduct seriously affecting the education and/or well-being of pupils, and ./_OFFICIAL_SENSITIVE__for_SoS__decision_Mr__Portass_Mark__18749_.pdf- particularly where there is a continuing risk; ./_OFFICIAL_SENSITIVE__for_SoS__decision_Mr__Portass_Mark__18749_.pdf- ./_OFFICIAL_SENSITIVE__for_SoS__decision_Mr__Portass_Mark__18749_.pdf-  abuse of position or trust (particularly involving pupils); ./_OFFICIAL_SENSITIVE__for_SoS__decision_Mr__Portass_Mark__18749_.pdf- ./_OFFICIAL_SENSITIVE__for_SoS__decision_Mr__Portass_Mark__18749_.pdf:  sexual misconduct, e.g. involving actions that were sexually motivated or of a ./_OFFICIAL_SENSITIVE__for_SoS__decision_Mr__Portass_Mark__18749_.pdf: sexual nature and/or that use or exploit the trust, knowledge or influence derived ./_OFFICIAL_SENSITIVE__for_SoS__decision_Mr__Portass_Mark__18749_.pdf- from the individual’s professional position; ./_OFFICIAL_SENSITIVE__for_SoS__decision_Mr__Portass_Mark__18749_.pdf- ./_OFFICIAL_SENSITIVE__for_SoS__decision_Mr__Portass_Mark__18749_.pdf-  failure in their duty of care towards a child, including exposing a child to risk or ./_OFFICIAL_SENSITIVE__for_SoS__decision_Mr__Portass_Mark__18749_.pdf- failing to promote the safety and welfare of the children (as set out in Part 1 of ./_OFFICIAL_SENSITIVE__for_SoS__decision_Mr__Portass_Mark__18749_.pdf- KCSIE); ./_OFFICIAL_SENSITIVE__for_SoS__decision_Mr__Portass_Mark__18749_.pdf- ./_OFFICIAL_SENSITIVE__for_SoS__decision_Mr__Portass_Mark__18749_.pdf-  violation of the rights of pupils; ./_OFFICIAL_SENSITIVE__for_SoS__decision_Mr__Portass_Mark__18749_.pdf- ./_OFFICIAL_SENSITIVE__for_SoS__decision_Mr__Portass_Mark__18749_.pdf-  other deliberate behaviour that undermines pupils, the profession, the school or ./_OFFICIAL_SENSITIVE__for_SoS__decision_Mr__Portass_Mark__18749_.pdf- colleagues. -- ./_OFFICIAL_SENSITIVE__for_SoS__decision_Mr__Portass_Mark__18749_.pdf-Recommending that the publication of adverse findings was sufficient would ./_OFFICIAL_SENSITIVE__for_SoS__decision_Mr__Portass_Mark__18749_.pdf-unacceptably compromise the public interest considerations present in this case, despite ./_OFFICIAL_SENSITIVE__for_SoS__decision_Mr__Portass_Mark__18749_.pdf-the severity of the consequences for Mr Portass of prohibition. ./_OFFICIAL_SENSITIVE__for_SoS__decision_Mr__Portass_Mark__18749_.pdf- ./_OFFICIAL_SENSITIVE__for_SoS__decision_Mr__Portass_Mark__18749_.pdf:Mr Portass had been convicted of a serious sexual offence involving a child. There were, ./_OFFICIAL_SENSITIVE__for_SoS__decision_Mr__Portass_Mark__18749_.pdf-accordingly, particularly strong public interest considerations in this case in terms of ./_OFFICIAL_SENSITIVE__for_SoS__decision_Mr__Portass_Mark__18749_.pdf-protecting the public, public confidence in the teaching profession and the declaring of ./_OFFICIAL_SENSITIVE__for_SoS__decision_Mr__Portass_Mark__18749_.pdf-proper standards of conduct. Mr Portass' behaviour led to him receiving a sentence of ./_OFFICIAL_SENSITIVE__for_SoS__decision_Mr__Portass_Mark__18749_.pdf-imprisonment, albeit suspended, which was indicative of the seriousness of the offence. ./_OFFICIAL_SENSITIVE__for_SoS__decision_Mr__Portass_Mark__18749_.pdf- ./_OFFICIAL_SENSITIVE__for_SoS__decision_Mr__Portass_Mark__18749_.pdf-In all the circumstances, the panel concluded that his actions were fundamentally ./_OFFICIAL_SENSITIVE__for_SoS__decision_Mr__Portass_Mark__18749_.pdf-incompatible with Mr Portass being an educator, particularly given there was very limited ./_OFFICIAL_SENSITIVE__for_SoS__decision_Mr__Portass_Mark__18749_.pdf-and untested evidence of insight, regret or remorse. There was no evidence of any action ./_OFFICIAL_SENSITIVE__for_SoS__decision_Mr__Portass_Mark__18749_.pdf-taken by Mr Portass to remediate his conduct. As the panel was unable to explore with ./_OFFICIAL_SENSITIVE__for_SoS__decision_Mr__Portass_Mark__18749_.pdf-Mr Portass the steps, he had taken to understand the triggers that led to his actions, it -- ./_OFFICIAL_SENSITIVE__for_SoS__decision_Mr__Portass_Mark__18749_.pdf- ./_OFFICIAL_SENSITIVE__for_SoS__decision_Mr__Portass_Mark__18749_.pdf-The panel was mindful that the Advice states that a prohibition order applies for life, but ./_OFFICIAL_SENSITIVE__for_SoS__decision_Mr__Portass_Mark__18749_.pdf-there may be circumstances, in any given case, that may make it appropriate to allow a ./_OFFICIAL_SENSITIVE__for_SoS__decision_Mr__Portass_Mark__18749_.pdf-teacher to apply to have the prohibition order reviewed after a specified period of time ./_OFFICIAL_SENSITIVE__for_SoS__decision_Mr__Portass_Mark__18749_.pdf-that may not be less than 2 years. ./_OFFICIAL_SENSITIVE__for_SoS__decision_Mr__Portass_Mark__18749_.pdf- ./_OFFICIAL_SENSITIVE__for_SoS__decision_Mr__Portass_Mark__18749_.pdf-The Advice indicates that there are behaviours that, if proved, would militate against the ./_OFFICIAL_SENSITIVE__for_SoS__decision_Mr__Portass_Mark__18749_.pdf-recommendation of a review period. These behaviours included the following, which were ./_OFFICIAL_SENSITIVE__for_SoS__decision_Mr__Portass_Mark__18749_.pdf-applicable in this case: ./_OFFICIAL_SENSITIVE__for_SoS__decision_Mr__Portass_Mark__18749_.pdf- ./_OFFICIAL_SENSITIVE__for_SoS__decision_Mr__Portass_Mark__18749_.pdf: • serious sexual misconduct e.g. where the act was sexually motivated; and ./_OFFICIAL_SENSITIVE__for_SoS__decision_Mr__Portass_Mark__18749_.pdf- ./_OFFICIAL_SENSITIVE__for_SoS__decision_Mr__Portass_Mark__18749_.pdf: • any activity involving any sexual misconduct involving a child. ./_OFFICIAL_SENSITIVE__for_SoS__decision_Mr__Portass_Mark__18749_.pdf- ./_OFFICIAL_SENSITIVE__for_SoS__decision_Mr__Portass_Mark__18749_.pdf-The panel decided that the findings indicated a situation in which a review period would ./_OFFICIAL_SENSITIVE__for_SoS__decision_Mr__Portass_Mark__18749_.pdf-not be appropriate. ./_OFFICIAL_SENSITIVE__for_SoS__decision_Mr__Portass_Mark__18749_.pdf- ./_OFFICIAL_SENSITIVE__for_SoS__decision_Mr__Portass_Mark__18749_.pdf- ./_OFFICIAL_SENSITIVE__for_SoS__decision_Mr__Portass_Mark__18749_.pdf- ./_OFFICIAL_SENSITIVE__for_SoS__decision_Mr__Portass_Mark__18749_.pdf- ./_OFFICIAL_SENSITIVE__for_SoS__decision_Mr__Portass_Mark__18749_.pdf- 12 ./_OFFICIAL_SENSITIVE__for_SoS__decision_Mr__Portass_Mark__18749_.pdf- -- ./_OFFICIAL_SENSITIVE__for_SoS__decision_Mr__Portass_Mark__18749_.pdf-The findings of misconduct are particularly serious as they include a finding of attempting ./_OFFICIAL_SENSITIVE__for_SoS__decision_Mr__Portass_Mark__18749_.pdf:to communicate sexually with a person under the age of 16. ./_OFFICIAL_SENSITIVE__for_SoS__decision_Mr__Portass_Mark__18749_.pdf- ./_OFFICIAL_SENSITIVE__for_SoS__decision_Mr__Portass_Mark__18749_.pdf-I have to determine whether the imposition of a prohibition order is proportionate and in ./_OFFICIAL_SENSITIVE__for_SoS__decision_Mr__Portass_Mark__18749_.pdf-the public interest. In considering that for this case, I have considered the overall aim of a ./_OFFICIAL_SENSITIVE__for_SoS__decision_Mr__Portass_Mark__18749_.pdf-prohibition order which is to protect pupils and to maintain public confidence in the ./_OFFICIAL_SENSITIVE__for_SoS__decision_Mr__Portass_Mark__18749_.pdf-profession. I have considered the extent to which a prohibition order in this case would ./_OFFICIAL_SENSITIVE__for_SoS__decision_Mr__Portass_Mark__18749_.pdf-achieve that aim taking into account the impact that it will have on the individual teacher. ./_OFFICIAL_SENSITIVE__for_SoS__decision_Mr__Portass_Mark__18749_.pdf-I have also asked myself, whether a less intrusive measure, such as the published ./_OFFICIAL_SENSITIVE__for_SoS__decision_Mr__Portass_Mark__18749_.pdf-finding of unacceptable professional conduct and conduct that may bring the profession ./_OFFICIAL_SENSITIVE__for_SoS__decision_Mr__Portass_Mark__18749_.pdf-into disrepute, would itself be sufficient to achieve the overall aim. I have to consider ./_OFFICIAL_SENSITIVE__for_SoS__decision_Mr__Portass_Mark__18749_.pdf-whether the consequences of such a publication are themselves sufficient. I have ./_OFFICIAL_SENSITIVE__for_SoS__decision_Mr__Portass_Mark__18749_.pdf-considered therefore whether or not prohibiting Mr Portass, and the impact that will have ./_OFFICIAL_SENSITIVE__for_SoS__decision_Mr__Portass_Mark__18749_.pdf-on the teacher, is proportionate and in the public interest. ./_OFFICIAL_SENSITIVE__for_SoS__decision_Mr__Portass_Mark__18749_.pdf- ./_OFFICIAL_SENSITIVE__for_SoS__decision_Mr__Portass_Mark__18749_.pdf-In this case, I have considered the extent to which a prohibition order would protect ./_OFFICIAL_SENSITIVE__for_SoS__decision_Mr__Portass_Mark__18749_.pdf-children and safeguard pupils. The panel has observed, “The conviction was for an ./_OFFICIAL_SENSITIVE__for_SoS__decision_Mr__Portass_Mark__18749_.pdf:offence involving sexual communication with a child, which the Advice states is likely to ./_OFFICIAL_SENSITIVE__for_SoS__decision_Mr__Portass_Mark__18749_.pdf-be considered a relevant offence.” A prohibition order would therefore prevent such a ./_OFFICIAL_SENSITIVE__for_SoS__decision_Mr__Portass_Mark__18749_.pdf-risk from being present in the future. ./_OFFICIAL_SENSITIVE__for_SoS__decision_Mr__Portass_Mark__18749_.pdf- ./_OFFICIAL_SENSITIVE__for_SoS__decision_Mr__Portass_Mark__18749_.pdf-I have also taken into account the panel’s comments on insight and remorse, which the ./_OFFICIAL_SENSITIVE__for_SoS__decision_Mr__Portass_Mark__18749_.pdf-panel sets out as follows, “There was very limited and untested evidence of insight, ./_OFFICIAL_SENSITIVE__for_SoS__decision_Mr__Portass_Mark__18749_.pdf-regret and remorse. In terms of his status as a regulated person and the implications of ./_OFFICIAL_SENSITIVE__for_SoS__decision_Mr__Portass_Mark__18749_.pdf-his actions upon public confidence in the profession, there was none.” In my judgement, ./_OFFICIAL_SENSITIVE__for_SoS__decision_Mr__Portass_Mark__18749_.pdf-the lack of evidence of insight and remorse means that there is some risk of the repetition ./_OFFICIAL_SENSITIVE__for_SoS__decision_Mr__Portass_Mark__18749_.pdf-of this behaviour, and this puts at risk the future wellbeing of pupils. I have therefore ./_OFFICIAL_SENSITIVE__for_SoS__decision_Mr__Portass_Mark__18749_.pdf-given this element considerable weight in reaching my decision. ./_OFFICIAL_SENSITIVE__for_SoS__decision_Mr__Portass_Mark__18749_.pdf- ./_OFFICIAL_SENSITIVE__for_SoS__decision_Mr__Portass_Mark__18749_.pdf-I have gone on to consider the extent to which a prohibition order would maintain public ./_OFFICIAL_SENSITIVE__for_SoS__decision_Mr__Portass_Mark__18749_.pdf-confidence in the profession. The panel observe, “The panel considered that Mr Portass' ./_OFFICIAL_SENSITIVE__for_SoS__decision_Mr__Portass_Mark__18749_.pdf-behaviour in committing this offence would undoubtedly affect public confidence in the ./_OFFICIAL_SENSITIVE__for_SoS__decision_Mr__Portass_Mark__18749_.pdf-teaching profession, particularly given the influence that teachers may have on pupils, ./_OFFICIAL_SENSITIVE__for_SoS__decision_Mr__Portass_Mark__18749_.pdf:parents and others in the community.” I am particularly mindful of the finding of a sexual ./_OFFICIAL_SENSITIVE__for_SoS__decision_Mr__Portass_Mark__18749_.pdf-element in this case and the impact that such a finding has on the reputation of the ./_OFFICIAL_SENSITIVE__for_SoS__decision_Mr__Portass_Mark__18749_.pdf-profession. ./_OFFICIAL_SENSITIVE__for_SoS__decision_Mr__Portass_Mark__18749_.pdf- ./_OFFICIAL_SENSITIVE__for_SoS__decision_Mr__Portass_Mark__18749_.pdf-I have had to consider that the public has a high expectation of professional standards of ./_OFFICIAL_SENSITIVE__for_SoS__decision_Mr__Portass_Mark__18749_.pdf-all teachers and that the public might regard a failure to impose a prohibition order as a ./_OFFICIAL_SENSITIVE__for_SoS__decision_Mr__Portass_Mark__18749_.pdf-failure to uphold those high standards. In weighing these considerations, I have had to ./_OFFICIAL_SENSITIVE__for_SoS__decision_Mr__Portass_Mark__18749_.pdf-consider the matter from the point of view of an “ordinary intelligent and well-informed ./_OFFICIAL_SENSITIVE__for_SoS__decision_Mr__Portass_Mark__18749_.pdf-citizen.” ./_OFFICIAL_SENSITIVE__for_SoS__decision_Mr__Portass_Mark__18749_.pdf- ./_OFFICIAL_SENSITIVE__for_SoS__decision_Mr__Portass_Mark__18749_.pdf- -- ./_OFFICIAL_SENSITIVE__for_SoS__decision_Mr__Portass_Mark__18749_.pdf-case. ./_OFFICIAL_SENSITIVE__for_SoS__decision_Mr__Portass_Mark__18749_.pdf- ./_OFFICIAL_SENSITIVE__for_SoS__decision_Mr__Portass_Mark__18749_.pdf-I have also considered the impact of a prohibition order on Mr Portass himself. The ./_OFFICIAL_SENSITIVE__for_SoS__decision_Mr__Portass_Mark__18749_.pdf-panel comment “So far as the panel was aware, Mr Portass has an otherwise ./_OFFICIAL_SENSITIVE__for_SoS__decision_Mr__Portass_Mark__18749_.pdf-unblemished record.” ./_OFFICIAL_SENSITIVE__for_SoS__decision_Mr__Portass_Mark__18749_.pdf- ./_OFFICIAL_SENSITIVE__for_SoS__decision_Mr__Portass_Mark__18749_.pdf-A prohibition order would prevent Mr Portass from teaching and would also clearly ./_OFFICIAL_SENSITIVE__for_SoS__decision_Mr__Portass_Mark__18749_.pdf-deprive the public of his contribution to the profession for the period that it is in force. ./_OFFICIAL_SENSITIVE__for_SoS__decision_Mr__Portass_Mark__18749_.pdf- ./_OFFICIAL_SENSITIVE__for_SoS__decision_Mr__Portass_Mark__18749_.pdf-In this case, I have placed considerable weight on the panel’s comments, “Mr Portass ./_OFFICIAL_SENSITIVE__for_SoS__decision_Mr__Portass_Mark__18749_.pdf:had been convicted of a serious sexual offence involving a child. There were, ./_OFFICIAL_SENSITIVE__for_SoS__decision_Mr__Portass_Mark__18749_.pdf-accordingly, particularly strong public interest considerations in this case in terms of ./_OFFICIAL_SENSITIVE__for_SoS__decision_Mr__Portass_Mark__18749_.pdf-protecting the public, public confidence in the teaching profession and the declaring of ./_OFFICIAL_SENSITIVE__for_SoS__decision_Mr__Portass_Mark__18749_.pdf-proper standards of conduct. Mr Portass' behaviour led to him receiving a sentence of ./_OFFICIAL_SENSITIVE__for_SoS__decision_Mr__Portass_Mark__18749_.pdf-imprisonment, albeit suspended, which was indicative of the seriousness of the offence.” ./_OFFICIAL_SENSITIVE__for_SoS__decision_Mr__Portass_Mark__18749_.pdf- ./_OFFICIAL_SENSITIVE__for_SoS__decision_Mr__Portass_Mark__18749_.pdf-I have given less weight in my consideration of sanction therefore, to the contribution that ./_OFFICIAL_SENSITIVE__for_SoS__decision_Mr__Portass_Mark__18749_.pdf-Mr Portass has made to the profession. In my view, it is necessary to impose a ./_OFFICIAL_SENSITIVE__for_SoS__decision_Mr__Portass_Mark__18749_.pdf-prohibition order in order to maintain public confidence in the profession. A published ./_OFFICIAL_SENSITIVE__for_SoS__decision_Mr__Portass_Mark__18749_.pdf-decision, in light of the circumstances in this case, that is not backed up by evidence of ./_OFFICIAL_SENSITIVE__for_SoS__decision_Mr__Portass_Mark__18749_.pdf-full remorse or insight, does not in my view satisfy the public interest requirement ./_OFFICIAL_SENSITIVE__Fow_Jeremy_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Fow_Jeremy_SoS_decision_redacted.pdf-  the commission of a serious criminal offence, including those that resulted in a ./_OFFICIAL_SENSITIVE__Fow_Jeremy_SoS_decision_redacted.pdf- conviction or caution paying particular attention to offences that are 'relevant ./_OFFICIAL_SENSITIVE__Fow_Jeremy_SoS_decision_redacted.pdf- matters' for the purposes of the Police Act 1997 and criminal record disclosures; ./_OFFICIAL_SENSITIVE__Fow_Jeremy_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Fow_Jeremy_SoS_decision_redacted.pdf-  misconduct seriously affecting the education and/or safeguarding and well-being ./_OFFICIAL_SENSITIVE__Fow_Jeremy_SoS_decision_redacted.pdf- of pupils, and particularly where there is a continuing risk; ./_OFFICIAL_SENSITIVE__Fow_Jeremy_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Fow_Jeremy_SoS_decision_redacted.pdf-  abuse of position or trust (particularly involving pupils); ./_OFFICIAL_SENSITIVE__Fow_Jeremy_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Fow_Jeremy_SoS_decision_redacted.pdf:  sexual misconduct, e.g. involving actions that were sexually motivated or of a ./_OFFICIAL_SENSITIVE__Fow_Jeremy_SoS_decision_redacted.pdf: sexual nature and/or that use or exploit the trust, knowledge or influence derived ./_OFFICIAL_SENSITIVE__Fow_Jeremy_SoS_decision_redacted.pdf- from the individual's professional position; ./_OFFICIAL_SENSITIVE__Fow_Jeremy_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Fow_Jeremy_SoS_decision_redacted.pdf-  any activity involving viewing, taking, making, possessing, distributing or ./_OFFICIAL_SENSITIVE__Fow_Jeremy_SoS_decision_redacted.pdf- publishing any indecent photograph or image, or pseudo photograph or image, of ./_OFFICIAL_SENSITIVE__Fow_Jeremy_SoS_decision_redacted.pdf- a child, or permitting such activity, including one-off incidents; ./_OFFICIAL_SENSITIVE__Fow_Jeremy_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Fow_Jeremy_SoS_decision_redacted.pdf-  failure in their duty of care towards a child, including exposing a child to risk or ./_OFFICIAL_SENSITIVE__Fow_Jeremy_SoS_decision_redacted.pdf- failing to promote the safety and welfare of the children (as set out in Part 1 of ./_OFFICIAL_SENSITIVE__Fow_Jeremy_SoS_decision_redacted.pdf- KCSIE); ./_OFFICIAL_SENSITIVE__Fow_Jeremy_SoS_decision_redacted.pdf- -- ./_OFFICIAL_SENSITIVE__Fow_Jeremy_SoS_decision_redacted.pdf-immediate effect. ./_OFFICIAL_SENSITIVE__Fow_Jeremy_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Fow_Jeremy_SoS_decision_redacted.pdf-The panel went on to consider whether or not it would be appropriate to recommend that ./_OFFICIAL_SENSITIVE__Fow_Jeremy_SoS_decision_redacted.pdf-a review period of the order should be considered. The panel was mindful that the Advice ./_OFFICIAL_SENSITIVE__Fow_Jeremy_SoS_decision_redacted.pdf-states that a prohibition order applies for life, but there may be circumstances, in any ./_OFFICIAL_SENSITIVE__Fow_Jeremy_SoS_decision_redacted.pdf-given case, that may make it appropriate to allow a teacher to apply to have the ./_OFFICIAL_SENSITIVE__Fow_Jeremy_SoS_decision_redacted.pdf-prohibition order reviewed after a specified period of time that may not be less than 2 ./_OFFICIAL_SENSITIVE__Fow_Jeremy_SoS_decision_redacted.pdf-years. ./_OFFICIAL_SENSITIVE__Fow_Jeremy_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Fow_Jeremy_SoS_decision_redacted.pdf-The Advice indicates that there are behaviours that, if proved, would militate against the ./_OFFICIAL_SENSITIVE__Fow_Jeremy_SoS_decision_redacted.pdf:recommendation of a review period. These behaviours include serious sexual ./_OFFICIAL_SENSITIVE__Fow_Jeremy_SoS_decision_redacted.pdf-misconduct, any activity involving viewing, taking, making, possessing, distributing or ./_OFFICIAL_SENSITIVE__Fow_Jeremy_SoS_decision_redacted.pdf-publishing any indecent photograph or image or pseudo photograph or image of a child ./_OFFICIAL_SENSITIVE__Fow_Jeremy_SoS_decision_redacted.pdf:and any sexual misconduct involving a child. The panel found that Mr Fow was ./_OFFICIAL_SENSITIVE__Fow_Jeremy_SoS_decision_redacted.pdf-responsible for five offences of recording a person doing a private act, four offences of ./_OFFICIAL_SENSITIVE__Fow_Jeremy_SoS_decision_redacted.pdf-taking an indecent photograph/pseudo photograph of a child and one offence of making ./_OFFICIAL_SENSITIVE__Fow_Jeremy_SoS_decision_redacted.pdf-an indecent photograph/pseudo photograph of a child. The panel noted that when Mr ./_OFFICIAL_SENSITIVE__Fow_Jeremy_SoS_decision_redacted.pdf:Fow was sentenced, the Judge found that the conduct was for his own sexual ./_OFFICIAL_SENSITIVE__Fow_Jeremy_SoS_decision_redacted.pdf-gratification. ./_OFFICIAL_SENSITIVE__Fow_Jeremy_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Fow_Jeremy_SoS_decision_redacted.pdf-Mr Fow provided a written letter dated 7 September 2020 in which he stated "I have ./_OFFICIAL_SENSITIVE__Fow_Jeremy_SoS_decision_redacted.pdf-already admitted guilt to the allegations…". He further stated that "[I] can only apologise ./_OFFICIAL_SENSITIVE__Fow_Jeremy_SoS_decision_redacted.pdf-to the profession for letting everyone down so badly. I live with this 'shame' every day of ./_OFFICIAL_SENSITIVE__Fow_Jeremy_SoS_decision_redacted.pdf-my life". In a letter dated 8 July 2021, Mr Fow wrote "Again, I am thoroughly ashamed of ./_OFFICIAL_SENSITIVE__Fow_Jeremy_SoS_decision_redacted.pdf-what happened and extremely remorseful". The panel noted that the Mr Fow had not ./_OFFICIAL_SENSITIVE__Fow_Jeremy_SoS_decision_redacted.pdf-demonstrated any remorse or insight in to how his actions could have impacted the ./_OFFICIAL_SENSITIVE__Fow_Jeremy_SoS_decision_redacted.pdf-children that were involved. ./_OFFICIAL_SENSITIVE__Fow_Jeremy_SoS_decision_redacted.pdf- -- ./_OFFICIAL_SENSITIVE__Fow_Jeremy_SoS_decision_redacted.pdf-I have gone on to consider the matter of a review period. In this case, the panel has ./_OFFICIAL_SENSITIVE__Fow_Jeremy_SoS_decision_redacted.pdf-recommended that no provision should be made for a review period. ./_OFFICIAL_SENSITIVE__Fow_Jeremy_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Fow_Jeremy_SoS_decision_redacted.pdf-I have considered the panel’s comments “The Advice indicates that there are behaviours ./_OFFICIAL_SENSITIVE__Fow_Jeremy_SoS_decision_redacted.pdf-that, if proved, would militate against the recommendation of a review period. These ./_OFFICIAL_SENSITIVE__Fow_Jeremy_SoS_decision_redacted.pdf:behaviours include serious sexual misconduct, any activity involving viewing, taking, ./_OFFICIAL_SENSITIVE__Fow_Jeremy_SoS_decision_redacted.pdf-making, possessing, distributing or publishing any indecent photograph or image or ./_OFFICIAL_SENSITIVE__Fow_Jeremy_SoS_decision_redacted.pdf:pseudo photograph or image of a child and any sexual misconduct involving a child. The ./_OFFICIAL_SENSITIVE__Fow_Jeremy_SoS_decision_redacted.pdf-panel found that Mr Fow was responsible for five offences of recording a person doing a ./_OFFICIAL_SENSITIVE__Fow_Jeremy_SoS_decision_redacted.pdf-private act, four offences of taking an indecent photograph/pseudo photograph of a child ./_OFFICIAL_SENSITIVE__Fow_Jeremy_SoS_decision_redacted.pdf-and one offence of making an indecent photograph/pseudo photograph of a child. The ./_OFFICIAL_SENSITIVE__Fow_Jeremy_SoS_decision_redacted.pdf-panel noted that when Mr Fow was sentenced, the Judge found that the conduct was for ./_OFFICIAL_SENSITIVE__Fow_Jeremy_SoS_decision_redacted.pdf:his own sexual gratification.” ./_OFFICIAL_SENSITIVE__Fow_Jeremy_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Fow_Jeremy_SoS_decision_redacted.pdf-In this case, factors mean that allowing a review period is not sufficient to achieve the ./_OFFICIAL_SENSITIVE__Fow_Jeremy_SoS_decision_redacted.pdf-aim of maintaining public confidence in the profession. These elements are the ./_OFFICIAL_SENSITIVE__Fow_Jeremy_SoS_decision_redacted.pdf-seriousness of the findings and the lack of full insight or remorse related to the impact his ./_OFFICIAL_SENSITIVE__Fow_Jeremy_SoS_decision_redacted.pdf-actions had on the children involved. ./_OFFICIAL_SENSITIVE__Fow_Jeremy_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Fow_Jeremy_SoS_decision_redacted.pdf-I consider therefore that allowing for no review period is necessary to maintain public ./_OFFICIAL_SENSITIVE__Fow_Jeremy_SoS_decision_redacted.pdf-confidence and is proportionate and in the public interest. ./_OFFICIAL_SENSITIVE__Fow_Jeremy_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Fow_Jeremy_SoS_decision_redacted.pdf-This means that Mr Jeremy Fow is prohibited from teaching indefinitely and cannot ./_OFFICIAL_SENSITIVE__Fraine__Tony_SoS_Decision_redacted.pdf-The panel considered the allegation set out in the notice of meeting dated 29 March ./_OFFICIAL_SENSITIVE__Fraine__Tony_SoS_Decision_redacted.pdf-2022. ./_OFFICIAL_SENSITIVE__Fraine__Tony_SoS_Decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Fraine__Tony_SoS_Decision_redacted.pdf-It was alleged that Mr Fraine was guilty of having been convicted of a relevant offence, in ./_OFFICIAL_SENSITIVE__Fraine__Tony_SoS_Decision_redacted.pdf-that: ./_OFFICIAL_SENSITIVE__Fraine__Tony_SoS_Decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Fraine__Tony_SoS_Decision_redacted.pdf- 1. On or around 11/09/20 he was convicted at Leicester Crown Court of one count of ./_OFFICIAL_SENSITIVE__Fraine__Tony_SoS_Decision_redacted.pdf- Sexual activity with a child by a person in a position of trust, contrary to section ./_OFFICIAL_SENSITIVE__Fraine__Tony_SoS_Decision_redacted.pdf- 16(1) of the Sexual Offences Act 2003; ./_OFFICIAL_SENSITIVE__Fraine__Tony_SoS_Decision_redacted.pdf- 2. On or around 11/09/20 he was convicted at Leicester Crown Court of one count of ./_OFFICIAL_SENSITIVE__Fraine__Tony_SoS_Decision_redacted.pdf: causing or inciting a child to engage in sexual activity by a person in a Position of ./_OFFICIAL_SENSITIVE__Fraine__Tony_SoS_Decision_redacted.pdf- Trust, contrary to Section 17(1) of the Sexual Offences Act 2003. ./_OFFICIAL_SENSITIVE__Fraine__Tony_SoS_Decision_redacted.pdf-Mr Fraine admitted allegations 1 and 2 and admitted that the facts of these allegations ./_OFFICIAL_SENSITIVE__Fraine__Tony_SoS_Decision_redacted.pdf-amount to conviction of a relevant offence. ./_OFFICIAL_SENSITIVE__Fraine__Tony_SoS_Decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Fraine__Tony_SoS_Decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Fraine__Tony_SoS_Decision_redacted.pdf-Preliminary applications ./_OFFICIAL_SENSITIVE__Fraine__Tony_SoS_Decision_redacted.pdf-There were no preliminary applications. ./_OFFICIAL_SENSITIVE__Fraine__Tony_SoS_Decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Fraine__Tony_SoS_Decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Fraine__Tony_SoS_Decision_redacted.pdf-Summary of evidence -- ./_OFFICIAL_SENSITIVE__Fraine__Tony_SoS_Decision_redacted.pdf-In advance of the meeting, the TRA agreed to a request from Mr Fraine for the ./_OFFICIAL_SENSITIVE__Fraine__Tony_SoS_Decision_redacted.pdf-allegations to be considered without a hearing. The panel had the ability to direct that the ./_OFFICIAL_SENSITIVE__Fraine__Tony_SoS_Decision_redacted.pdf-case be considered at a hearing if required in the interests of justice or in the public ./_OFFICIAL_SENSITIVE__Fraine__Tony_SoS_Decision_redacted.pdf-interest. The panel did not determine that such a direction was necessary or appropriate ./_OFFICIAL_SENSITIVE__Fraine__Tony_SoS_Decision_redacted.pdf-in this case. ./_OFFICIAL_SENSITIVE__Fraine__Tony_SoS_Decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Fraine__Tony_SoS_Decision_redacted.pdf-Mr Fraine was appointed as a newly qualified teacher on 30 June 2005 and was ./_OFFICIAL_SENSITIVE__Fraine__Tony_SoS_Decision_redacted.pdf-employed as head of science at the School from 2010. ./_OFFICIAL_SENSITIVE__Fraine__Tony_SoS_Decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Fraine__Tony_SoS_Decision_redacted.pdf-On 27 November 2019, the School received an allegation from 2 pupils that Mr Fraine ./_OFFICIAL_SENSITIVE__Fraine__Tony_SoS_Decision_redacted.pdf:had been sending inappropriate messages of a sexual nature to Pupil A. The matter was ./_OFFICIAL_SENSITIVE__Fraine__Tony_SoS_Decision_redacted.pdf-reported to the LADO and the police. ./_OFFICIAL_SENSITIVE__Fraine__Tony_SoS_Decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Fraine__Tony_SoS_Decision_redacted.pdf-On 28 November 2019, Mr Fraine was suspended from the School whilst the police ./_OFFICIAL_SENSITIVE__Fraine__Tony_SoS_Decision_redacted.pdf-investigation took place. He was arrested on the same date. Following the police ./_OFFICIAL_SENSITIVE__Fraine__Tony_SoS_Decision_redacted.pdf-investigation, a prosecution was brought against Mr Fraine by the CPS. ./_OFFICIAL_SENSITIVE__Fraine__Tony_SoS_Decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Fraine__Tony_SoS_Decision_redacted.pdf-On 12 March 2020, following the School’s investigation, a disciplinary hearing took place, ./_OFFICIAL_SENSITIVE__Fraine__Tony_SoS_Decision_redacted.pdf-and it was decided Mr Fraine should be summarily dismissed as of that date. ./_OFFICIAL_SENSITIVE__Fraine__Tony_SoS_Decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Fraine__Tony_SoS_Decision_redacted.pdf-On 11 September 2020 Mr Fraine attended Leicester Crown Court where he pleaded ./_OFFICIAL_SENSITIVE__Fraine__Tony_SoS_Decision_redacted.pdf-guilty to 2 counts laid against him. On 2 October 2020, Mr Fraine was sentenced at ./_OFFICIAL_SENSITIVE__Fraine__Tony_SoS_Decision_redacted.pdf-Leicester Crown Court to 24 months imprisonment and a Sexual Harm Prevention Order ./_OFFICIAL_SENSITIVE__Fraine__Tony_SoS_Decision_redacted.pdf:for a period of 10 years and was placed on the sex offenders register for 10 years. ./_OFFICIAL_SENSITIVE__Fraine__Tony_SoS_Decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Fraine__Tony_SoS_Decision_redacted.pdf-Findings of fact ./_OFFICIAL_SENSITIVE__Fraine__Tony_SoS_Decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Fraine__Tony_SoS_Decision_redacted.pdf-The findings of fact are as follows: ./_OFFICIAL_SENSITIVE__Fraine__Tony_SoS_Decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Fraine__Tony_SoS_Decision_redacted.pdf-The panel found the following particulars of the allegation(s) against you proved, for ./_OFFICIAL_SENSITIVE__Fraine__Tony_SoS_Decision_redacted.pdf-these reasons: ./_OFFICIAL_SENSITIVE__Fraine__Tony_SoS_Decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Fraine__Tony_SoS_Decision_redacted.pdf- You have been convicted, at any time, of a relevant offence, in that: ./_OFFICIAL_SENSITIVE__Fraine__Tony_SoS_Decision_redacted.pdf- -- ./_OFFICIAL_SENSITIVE__Fraine__Tony_SoS_Decision_redacted.pdf- 1. On or around 11/09/20 you were convicted at Leicester Crown Court of ./_OFFICIAL_SENSITIVE__Fraine__Tony_SoS_Decision_redacted.pdf- one count of Sexual activity with a child by a person in a position of trust, ./_OFFICIAL_SENSITIVE__Fraine__Tony_SoS_Decision_redacted.pdf- contrary to section 16(1) of the Sexual Offences Act 2003; ./_OFFICIAL_SENSITIVE__Fraine__Tony_SoS_Decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Fraine__Tony_SoS_Decision_redacted.pdf- 2. On or around 11/09/20 you were convicted at Leicester Crown Court of ./_OFFICIAL_SENSITIVE__Fraine__Tony_SoS_Decision_redacted.pdf: one count of causing or inciting a child to engage in sexual activity by a ./_OFFICIAL_SENSITIVE__Fraine__Tony_SoS_Decision_redacted.pdf- person in a Position of Trust, contrary to Section 17(1) of the Sexual ./_OFFICIAL_SENSITIVE__Fraine__Tony_SoS_Decision_redacted.pdf- Offences Act 2003. ./_OFFICIAL_SENSITIVE__Fraine__Tony_SoS_Decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Fraine__Tony_SoS_Decision_redacted.pdf-These allegations were admitted and supported by the evidence presented to the panel, ./_OFFICIAL_SENSITIVE__Fraine__Tony_SoS_Decision_redacted.pdf-in particular the statement of agreed facts signed by Mr Fraine, a certificate of conviction ./_OFFICIAL_SENSITIVE__Fraine__Tony_SoS_Decision_redacted.pdf-from HM Courts & Tribunals Service dated 22 October 2021, and a transcript of the ./_OFFICIAL_SENSITIVE__Fraine__Tony_SoS_Decision_redacted.pdf-sentencing remarks made by [redacted] on 2 October 2020 at Leicester Crown Court. ./_OFFICIAL_SENSITIVE__Fraine__Tony_SoS_Decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Fraine__Tony_SoS_Decision_redacted.pdf-There was no evidence put before the panel which suggested that there was not a ./_OFFICIAL_SENSITIVE__Fraine__Tony_SoS_Decision_redacted.pdf-conviction as alleged. The allegation was therefore found proved. -- ./_OFFICIAL_SENSITIVE__Fraine__Tony_SoS_Decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Fraine__Tony_SoS_Decision_redacted.pdf-The panel noted the sentencing judge’s comments that Mr Fraine “had groomed [Pupil A] ./_OFFICIAL_SENSITIVE__Fraine__Tony_SoS_Decision_redacted.pdf-over a substantial period of time which amounts to planning and you exercised a ./_OFFICIAL_SENSITIVE__Fraine__Tony_SoS_Decision_redacted.pdf-corruptive influence over her”, that the grooming behaviour and conduct “was deliberate, ./_OFFICIAL_SENSITIVE__Fraine__Tony_SoS_Decision_redacted.pdf-manipulative and predatory from the start”. The judge had also commented that Mr ./_OFFICIAL_SENSITIVE__Fraine__Tony_SoS_Decision_redacted.pdf-Fraine, “set about making your victim feel responsible for keeping you safe from your ./_OFFICIAL_SENSITIVE__Fraine__Tony_SoS_Decision_redacted.pdf-crimes”. ./_OFFICIAL_SENSITIVE__Fraine__Tony_SoS_Decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Fraine__Tony_SoS_Decision_redacted.pdf-The panel considered that Mr Fraine’s actions were relevant to teaching, working with ./_OFFICIAL_SENSITIVE__Fraine__Tony_SoS_Decision_redacted.pdf-children and working in an education setting. The conduct found proven, involving ./_OFFICIAL_SENSITIVE__Fraine__Tony_SoS_Decision_redacted.pdf:grooming behaviour and serious offences relating to sexual activity with a pupil and ./_OFFICIAL_SENSITIVE__Fraine__Tony_SoS_Decision_redacted.pdf:sharing sexual images with that pupil, was clearly incompatible with the role of a teacher, ./_OFFICIAL_SENSITIVE__Fraine__Tony_SoS_Decision_redacted.pdf-who is a person placed in a position of trust with a duty of care to their pupils. ./_OFFICIAL_SENSITIVE__Fraine__Tony_SoS_Decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Fraine__Tony_SoS_Decision_redacted.pdf-The panel also took account of the way the teaching profession is viewed by others. The ./_OFFICIAL_SENSITIVE__Fraine__Tony_SoS_Decision_redacted.pdf-panel considered that Mr Fraine’s behaviour in committing the offence would be likely to ./_OFFICIAL_SENSITIVE__Fraine__Tony_SoS_Decision_redacted.pdf-affect public confidence in the teaching profession if Mr Fraine was allowed to continue ./_OFFICIAL_SENSITIVE__Fraine__Tony_SoS_Decision_redacted.pdf-teaching, given the influence that teachers may have on pupils, parents and others in the ./_OFFICIAL_SENSITIVE__Fraine__Tony_SoS_Decision_redacted.pdf-community. ./_OFFICIAL_SENSITIVE__Fraine__Tony_SoS_Decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Fraine__Tony_SoS_Decision_redacted.pdf-The panel noted that Mr Fraine’s behaviour ultimately led to a sentence of imprisonment, ./_OFFICIAL_SENSITIVE__Fraine__Tony_SoS_Decision_redacted.pdf-which was indicative of the seriousness of the offences committed, and which the Advice ./_OFFICIAL_SENSITIVE__Fraine__Tony_SoS_Decision_redacted.pdf-states is likely to be considered “a relevant offence”. Further, this was a case concerning ./_OFFICIAL_SENSITIVE__Fraine__Tony_SoS_Decision_redacted.pdf:an offence involving sexual activity; sexual communication with a child; activity involving ./_OFFICIAL_SENSITIVE__Fraine__Tony_SoS_Decision_redacted.pdf-viewing, taking, making, possessing, distributing or publishing any indecent photograph ./_OFFICIAL_SENSITIVE__Fraine__Tony_SoS_Decision_redacted.pdf-or image or indecent pseudo photograph or image of a child; and controlling or coercive ./_OFFICIAL_SENSITIVE__Fraine__Tony_SoS_Decision_redacted.pdf-behaviour. The Advice indicates that a conviction that relates to or involves such offences ./_OFFICIAL_SENSITIVE__Fraine__Tony_SoS_Decision_redacted.pdf-is likely to be considered “a relevant offence”. ./_OFFICIAL_SENSITIVE__Fraine__Tony_SoS_Decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Fraine__Tony_SoS_Decision_redacted.pdf-The panel therefore regarded this as a very serious and concerning offence. ./_OFFICIAL_SENSITIVE__Fraine__Tony_SoS_Decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Fraine__Tony_SoS_Decision_redacted.pdf-The panel took into account the fact that Mr Fraine had pleaded guilty at the first ./_OFFICIAL_SENSITIVE__Fraine__Tony_SoS_Decision_redacted.pdf-opportunity in court and that he had no previous convictions, as noted by the sentencing ./_OFFICIAL_SENSITIVE__Fraine__Tony_SoS_Decision_redacted.pdf-judge. The panel noted the judge’s comments that “people generally, of course, think and -- ./_OFFICIAL_SENSITIVE__Fraine__Tony_SoS_Decision_redacted.pdf-necessary and proportionate. Prohibition orders should not be given in order to be ./_OFFICIAL_SENSITIVE__Fraine__Tony_SoS_Decision_redacted.pdf-punitive, or to show that blame has been apportioned, although they are likely to have ./_OFFICIAL_SENSITIVE__Fraine__Tony_SoS_Decision_redacted.pdf-punitive effect. ./_OFFICIAL_SENSITIVE__Fraine__Tony_SoS_Decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Fraine__Tony_SoS_Decision_redacted.pdf-The panel had regard to the particular public interest considerations set out in the Advice ./_OFFICIAL_SENSITIVE__Fraine__Tony_SoS_Decision_redacted.pdf-and having done so, found a number of them to be relevant in this case, namely: the ./_OFFICIAL_SENSITIVE__Fraine__Tony_SoS_Decision_redacted.pdf-safeguarding and wellbeing of pupils, the maintenance of public confidence in the ./_OFFICIAL_SENSITIVE__Fraine__Tony_SoS_Decision_redacted.pdf-profession, and declaring and upholding proper standards of conduct. ./_OFFICIAL_SENSITIVE__Fraine__Tony_SoS_Decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Fraine__Tony_SoS_Decision_redacted.pdf-There was a strong public interest consideration in respect of the protection of pupils and ./_OFFICIAL_SENSITIVE__Fraine__Tony_SoS_Decision_redacted.pdf:other children given the very serious findings relating to sexual activity with a pupil and ./_OFFICIAL_SENSITIVE__Fraine__Tony_SoS_Decision_redacted.pdf:conduct associated with grooming. ./_OFFICIAL_SENSITIVE__Fraine__Tony_SoS_Decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Fraine__Tony_SoS_Decision_redacted.pdf-Similarly, the panel considered that public confidence in the profession could be seriously ./_OFFICIAL_SENSITIVE__Fraine__Tony_SoS_Decision_redacted.pdf-weakened if conduct such as that found against Mr Fraine were not treated with the ./_OFFICIAL_SENSITIVE__Fraine__Tony_SoS_Decision_redacted.pdf-utmost seriousness when regulating the conduct of the profession. ./_OFFICIAL_SENSITIVE__Fraine__Tony_SoS_Decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Fraine__Tony_SoS_Decision_redacted.pdf-The panel decided that a strong public interest consideration in declaring proper ./_OFFICIAL_SENSITIVE__Fraine__Tony_SoS_Decision_redacted.pdf-standards of conduct in the profession was also present as the conduct found against Mr ./_OFFICIAL_SENSITIVE__Fraine__Tony_SoS_Decision_redacted.pdf-Fraine was well outside that which could reasonably be tolerated. ./_OFFICIAL_SENSITIVE__Fraine__Tony_SoS_Decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Fraine__Tony_SoS_Decision_redacted.pdf-The panel considered that the adverse public interest considerations above outweighed -- ./_OFFICIAL_SENSITIVE__Fraine__Tony_SoS_Decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Fraine__Tony_SoS_Decision_redacted.pdf-  the commission of a serious criminal offence, including those that resulted in a ./_OFFICIAL_SENSITIVE__Fraine__Tony_SoS_Decision_redacted.pdf- conviction or caution; ./_OFFICIAL_SENSITIVE__Fraine__Tony_SoS_Decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Fraine__Tony_SoS_Decision_redacted.pdf-  misconduct seriously affecting the education and/or safeguarding and well-being of ./_OFFICIAL_SENSITIVE__Fraine__Tony_SoS_Decision_redacted.pdf- pupils, and particularly where there is a continuing risk; ./_OFFICIAL_SENSITIVE__Fraine__Tony_SoS_Decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Fraine__Tony_SoS_Decision_redacted.pdf-  abuse of position or trust (particularly involving vulnerable pupils) ./_OFFICIAL_SENSITIVE__Fraine__Tony_SoS_Decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Fraine__Tony_SoS_Decision_redacted.pdf-  an abuse of any trust, knowledge, or influence gained through their professional ./_OFFICIAL_SENSITIVE__Fraine__Tony_SoS_Decision_redacted.pdf: position in order to advance a romantic or sexual relationship with a pupil or former ./_OFFICIAL_SENSITIVE__Fraine__Tony_SoS_Decision_redacted.pdf- pupil; ./_OFFICIAL_SENSITIVE__Fraine__Tony_SoS_Decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Fraine__Tony_SoS_Decision_redacted.pdf:  sexual misconduct, for example, involving actions that were sexually motivated or of ./_OFFICIAL_SENSITIVE__Fraine__Tony_SoS_Decision_redacted.pdf: a sexual nature and/or that use or exploit the trust, knowledge or influence derived ./_OFFICIAL_SENSITIVE__Fraine__Tony_SoS_Decision_redacted.pdf- from the individual’s professional position; ./_OFFICIAL_SENSITIVE__Fraine__Tony_SoS_Decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Fraine__Tony_SoS_Decision_redacted.pdf-  any activity involving viewing, taking, making, possessing, distributing or publishing ./_OFFICIAL_SENSITIVE__Fraine__Tony_SoS_Decision_redacted.pdf- any indecent photograph or image or indecent pseudo photograph or image of a ./_OFFICIAL_SENSITIVE__Fraine__Tony_SoS_Decision_redacted.pdf- child, or permitting such activity, including one-off incidents; ./_OFFICIAL_SENSITIVE__Fraine__Tony_SoS_Decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Fraine__Tony_SoS_Decision_redacted.pdf-  failure in their duty of care towards a child, including exposing a child to risk or ./_OFFICIAL_SENSITIVE__Fraine__Tony_SoS_Decision_redacted.pdf- failing to promote the safety and welfare of the children; and ./_OFFICIAL_SENSITIVE__Fraine__Tony_SoS_Decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Fraine__Tony_SoS_Decision_redacted.pdf-  violation of the rights of pupils. -- ./_OFFICIAL_SENSITIVE__Fraine__Tony_SoS_Decision_redacted.pdf-prohibition order should be imposed with immediate effect. ./_OFFICIAL_SENSITIVE__Fraine__Tony_SoS_Decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Fraine__Tony_SoS_Decision_redacted.pdf-The panel went on to consider whether or not it would be appropriate for it to decide to ./_OFFICIAL_SENSITIVE__Fraine__Tony_SoS_Decision_redacted.pdf-recommend a review period of the order. The panel was mindful that the Advice states ./_OFFICIAL_SENSITIVE__Fraine__Tony_SoS_Decision_redacted.pdf-that a prohibition order applies for life, but there may be circumstances, in any given ./_OFFICIAL_SENSITIVE__Fraine__Tony_SoS_Decision_redacted.pdf-case, that may make it appropriate to allow a teacher to apply to have the prohibition ./_OFFICIAL_SENSITIVE__Fraine__Tony_SoS_Decision_redacted.pdf-order reviewed after a specified period of time that may not be less than 2 years. ./_OFFICIAL_SENSITIVE__Fraine__Tony_SoS_Decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Fraine__Tony_SoS_Decision_redacted.pdf-The Advice indicates that there are cases involving certain conduct where it is likely that ./_OFFICIAL_SENSITIVE__Fraine__Tony_SoS_Decision_redacted.pdf-the public interest will have greater relevance and weigh in favour of not offering a review ./_OFFICIAL_SENSITIVE__Fraine__Tony_SoS_Decision_redacted.pdf:period. These cases include serious sexual misconduct, for example: where the act was ./_OFFICIAL_SENSITIVE__Fraine__Tony_SoS_Decision_redacted.pdf:sexually motivated and resulted in, or had the potential to result in, harm to a person or ./_OFFICIAL_SENSITIVE__Fraine__Tony_SoS_Decision_redacted.pdf-persons, particularly where the individual has used his or her professional position to ./_OFFICIAL_SENSITIVE__Fraine__Tony_SoS_Decision_redacted.pdf:influence or exploit a person or persons; any sexual misconduct involving a child; and ./_OFFICIAL_SENSITIVE__Fraine__Tony_SoS_Decision_redacted.pdf-any activity involving viewing, taking, making, possessing, distributing or publishing any ./_OFFICIAL_SENSITIVE__Fraine__Tony_SoS_Decision_redacted.pdf-indecent photograph or image. ./_OFFICIAL_SENSITIVE__Fraine__Tony_SoS_Decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Fraine__Tony_SoS_Decision_redacted.pdf-The panel found that Mr Fraine was responsible for serious misconduct with a number of ./_OFFICIAL_SENSITIVE__Fraine__Tony_SoS_Decision_redacted.pdf-aggravating factors as highlighted by the judge when considering the appropriate ./_OFFICIAL_SENSITIVE__Fraine__Tony_SoS_Decision_redacted.pdf-sentence, including: persistent grooming behaviour, a significant degree of planning, ./_OFFICIAL_SENSITIVE__Fraine__Tony_SoS_Decision_redacted.pdf:solicitation and recording of sexual images, and that Pupil A had been compelled to leave ./_OFFICIAL_SENSITIVE__Fraine__Tony_SoS_Decision_redacted.pdf-the School. In the panel’s view, these were clearly relevant to the types of conduct set ./_OFFICIAL_SENSITIVE__Fraine__Tony_SoS_Decision_redacted.pdf-out in the Advice. ./_OFFICIAL_SENSITIVE__Fraine__Tony_SoS_Decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Fraine__Tony_SoS_Decision_redacted.pdf-The panel also took note of the following remarks of the sentencing judge relating to the ./_OFFICIAL_SENSITIVE__Fraine__Tony_SoS_Decision_redacted.pdf-teacher’s remorse: “Your repeated references to inappropriate conduct of course entirely ./_OFFICIAL_SENSITIVE__Fraine__Tony_SoS_Decision_redacted.pdf-misstate the serious crimes that you perpetrated on a girl who should have been able to ./_OFFICIAL_SENSITIVE__Fraine__Tony_SoS_Decision_redacted.pdf-trust you and it is difficult not to conclude that any remorse you feel is directed towards ./_OFFICIAL_SENSITIVE__Fraine__Tony_SoS_Decision_redacted.pdf-yourself and the position you now find yourself in rather than your victim.” ./_OFFICIAL_SENSITIVE__Fraine__Tony_SoS_Decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Fraine__Tony_SoS_Decision_redacted.pdf-There was nothing before the panel to suggest that Mr Fraine had committed any -- ./_OFFICIAL_SENSITIVE__Fraine__Tony_SoS_Decision_redacted.pdf-  Teachers must have proper and professional regard for the ethos, policies and ./_OFFICIAL_SENSITIVE__Fraine__Tony_SoS_Decision_redacted.pdf- practices of the school in which they teach. ./_OFFICIAL_SENSITIVE__Fraine__Tony_SoS_Decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Fraine__Tony_SoS_Decision_redacted.pdf-  Teachers must have an understanding of, and always act within, the statutory ./_OFFICIAL_SENSITIVE__Fraine__Tony_SoS_Decision_redacted.pdf- frameworks which set out their professional duties and responsibilities. ./_OFFICIAL_SENSITIVE__Fraine__Tony_SoS_Decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Fraine__Tony_SoS_Decision_redacted.pdf-The panel finds that the conduct of Mr Fraine fell significantly short of the standards ./_OFFICIAL_SENSITIVE__Fraine__Tony_SoS_Decision_redacted.pdf-expected of the profession. ./_OFFICIAL_SENSITIVE__Fraine__Tony_SoS_Decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Fraine__Tony_SoS_Decision_redacted.pdf-The findings of misconduct are particularly serious as they include a finding of a ./_OFFICIAL_SENSITIVE__Fraine__Tony_SoS_Decision_redacted.pdf:conviction related to sexual activity with a pupil. ./_OFFICIAL_SENSITIVE__Fraine__Tony_SoS_Decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Fraine__Tony_SoS_Decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Fraine__Tony_SoS_Decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Fraine__Tony_SoS_Decision_redacted.pdf- 11 ./_OFFICIAL_SENSITIVE__Fraine__Tony_SoS_Decision_redacted.pdf- -- ./_OFFICIAL_SENSITIVE__Fraine__Tony_SoS_Decision_redacted.pdf-I have also asked myself, whether a less intrusive measure, such as the published ./_OFFICIAL_SENSITIVE__Fraine__Tony_SoS_Decision_redacted.pdf-finding of unacceptable professional conduct and conduct that may bring the profession ./_OFFICIAL_SENSITIVE__Fraine__Tony_SoS_Decision_redacted.pdf-into disrepute, would itself be sufficient to achieve the overall aim. I have to consider ./_OFFICIAL_SENSITIVE__Fraine__Tony_SoS_Decision_redacted.pdf-whether the consequences of such a publication are themselves sufficient. I have ./_OFFICIAL_SENSITIVE__Fraine__Tony_SoS_Decision_redacted.pdf-considered therefore whether or not prohibiting Mr Fraine, and the impact that will have ./_OFFICIAL_SENSITIVE__Fraine__Tony_SoS_Decision_redacted.pdf-on the teacher, is proportionate and in the public interest. ./_OFFICIAL_SENSITIVE__Fraine__Tony_SoS_Decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Fraine__Tony_SoS_Decision_redacted.pdf-In this case, I have considered the extent to which a prohibition order would protect ./_OFFICIAL_SENSITIVE__Fraine__Tony_SoS_Decision_redacted.pdf-children and safeguard pupils. The panel has observed, “There was a strong public ./_OFFICIAL_SENSITIVE__Fraine__Tony_SoS_Decision_redacted.pdf-interest consideration in respect of the protection of pupils and other children given the ./_OFFICIAL_SENSITIVE__Fraine__Tony_SoS_Decision_redacted.pdf:very serious findings relating to sexual activity with a pupil and conduct associated with ./_OFFICIAL_SENSITIVE__Fraine__Tony_SoS_Decision_redacted.pdf-grooming.” A prohibition order would therefore prevent such a risk from being present in ./_OFFICIAL_SENSITIVE__Fraine__Tony_SoS_Decision_redacted.pdf-the future. ./_OFFICIAL_SENSITIVE__Fraine__Tony_SoS_Decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Fraine__Tony_SoS_Decision_redacted.pdf-I have also taken into account the panel’s comments on insight and remorse, which the ./_OFFICIAL_SENSITIVE__Fraine__Tony_SoS_Decision_redacted.pdf-panel sets out as follows, “The panel also took note of the following remarks of the ./_OFFICIAL_SENSITIVE__Fraine__Tony_SoS_Decision_redacted.pdf-sentencing judge relating to the teacher’s remorse: “Your repeated references to ./_OFFICIAL_SENSITIVE__Fraine__Tony_SoS_Decision_redacted.pdf-inappropriate conduct of course entirely misstate the serious crimes that you perpetrated ./_OFFICIAL_SENSITIVE__Fraine__Tony_SoS_Decision_redacted.pdf-on a girl who should have been able to trust you and it is difficult not to conclude that any ./_OFFICIAL_SENSITIVE__Fraine__Tony_SoS_Decision_redacted.pdf-remorse you feel is directed towards yourself and the position you now find yourself in ./_OFFICIAL_SENSITIVE__Fraine__Tony_SoS_Decision_redacted.pdf-rather than your victim.” In my judgement, the lack of full remorse means that there is ./_OFFICIAL_SENSITIVE__Fraine__Tony_SoS_Decision_redacted.pdf-some risk of the repetition of this behaviour, and this puts at risk the future wellbeing of ./_OFFICIAL_SENSITIVE__Fraine__Tony_SoS_Decision_redacted.pdf-pupils’. I have therefore given this element considerable weight in reaching my decision. ./_OFFICIAL_SENSITIVE__Fraine__Tony_SoS_Decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Fraine__Tony_SoS_Decision_redacted.pdf-I have gone on to consider the extent to which a prohibition order would maintain public ./_OFFICIAL_SENSITIVE__Fraine__Tony_SoS_Decision_redacted.pdf-confidence in the profession. The panel observe, “Mr Fraine’s behaviour in committing ./_OFFICIAL_SENSITIVE__Fraine__Tony_SoS_Decision_redacted.pdf-the offence would be likely to affect public confidence in the teaching profession if Mr ./_OFFICIAL_SENSITIVE__Fraine__Tony_SoS_Decision_redacted.pdf-Fraine was allowed to continue teaching, given the influence that teachers may have on ./_OFFICIAL_SENSITIVE__Fraine__Tony_SoS_Decision_redacted.pdf-pupils, parents and others in the community.” I am particularly mindful of the finding of a ./_OFFICIAL_SENSITIVE__Fraine__Tony_SoS_Decision_redacted.pdf:conviction involving sexual activity with a pupil in this case and the impact that such a ./_OFFICIAL_SENSITIVE__Fraine__Tony_SoS_Decision_redacted.pdf-finding has on the reputation of the profession. ./_OFFICIAL_SENSITIVE__Fraine__Tony_SoS_Decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Fraine__Tony_SoS_Decision_redacted.pdf-I have had to consider that the public has a high expectation of professional standards of ./_OFFICIAL_SENSITIVE__Fraine__Tony_SoS_Decision_redacted.pdf-all teachers and that the public might regard a failure to impose a prohibition order as a ./_OFFICIAL_SENSITIVE__Fraine__Tony_SoS_Decision_redacted.pdf-failure to uphold those high standards. In weighing these considerations, I have had to ./_OFFICIAL_SENSITIVE__Fraine__Tony_SoS_Decision_redacted.pdf-consider the matter from the point of view of an “ordinary intelligent and well-informed ./_OFFICIAL_SENSITIVE__Fraine__Tony_SoS_Decision_redacted.pdf-citizen.” ./_OFFICIAL_SENSITIVE__Fraine__Tony_SoS_Decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Fraine__Tony_SoS_Decision_redacted.pdf-I have considered whether the publication of a finding of unacceptable professional ./_OFFICIAL_SENSITIVE__Fraine__Tony_SoS_Decision_redacted.pdf-conduct, in the absence of a prohibition order, can itself be regarded by such a person as -- ./_OFFICIAL_SENSITIVE__Fraine__Tony_SoS_Decision_redacted.pdf-conclude that any remorse you feel is directed towards yourself and the position you now ./_OFFICIAL_SENSITIVE__Fraine__Tony_SoS_Decision_redacted.pdf-find yourself in rather than your victim.” ./_OFFICIAL_SENSITIVE__Fraine__Tony_SoS_Decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Fraine__Tony_SoS_Decision_redacted.pdf-I have also placed considerable weight on the finding “The panel noted the sentencing ./_OFFICIAL_SENSITIVE__Fraine__Tony_SoS_Decision_redacted.pdf-judge’s comments that Mr Fraine “had groomed [Pupil A] over a substantial period of time ./_OFFICIAL_SENSITIVE__Fraine__Tony_SoS_Decision_redacted.pdf-which amounts to planning and you exercised a corruptive influence over her”, that the ./_OFFICIAL_SENSITIVE__Fraine__Tony_SoS_Decision_redacted.pdf-grooming behaviour and conduct “was deliberate, manipulative and predatory from the ./_OFFICIAL_SENSITIVE__Fraine__Tony_SoS_Decision_redacted.pdf-start”. The judge had also commented that Mr Fraine, “set about making your victim feel ./_OFFICIAL_SENSITIVE__Fraine__Tony_SoS_Decision_redacted.pdf-responsible for keeping you safe from your crimes”. ./_OFFICIAL_SENSITIVE__Fraine__Tony_SoS_Decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Fraine__Tony_SoS_Decision_redacted.pdf:Mr Fraine’s offending behaviour was serious, concerning sexual activity with a pupil, ./_OFFICIAL_SENSITIVE__Fraine__Tony_SoS_Decision_redacted.pdf-which ultimately led to a sentence of imprisonment, which I agree with the panel is ./_OFFICIAL_SENSITIVE__Fraine__Tony_SoS_Decision_redacted.pdf-relevant to his ongoing suitability to teach. ./_OFFICIAL_SENSITIVE__Fraine__Tony_SoS_Decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Fraine__Tony_SoS_Decision_redacted.pdf-I have given less weight in my consideration of sanction therefore, to the contribution that ./_OFFICIAL_SENSITIVE__Fraine__Tony_SoS_Decision_redacted.pdf-Mr Fraine has made to the profession. In my view, it is necessary to impose a prohibition ./_OFFICIAL_SENSITIVE__Fraine__Tony_SoS_Decision_redacted.pdf-order in order to maintain public confidence in the profession. A published decision, in ./_OFFICIAL_SENSITIVE__Fraine__Tony_SoS_Decision_redacted.pdf-light of the circumstances in this case, that is not backed up by full remorse or insight, ./_OFFICIAL_SENSITIVE__Fraine__Tony_SoS_Decision_redacted.pdf-does not in my view satisfy the public interest requirement concerning public confidence ./_OFFICIAL_SENSITIVE__Fraine__Tony_SoS_Decision_redacted.pdf-in the profession. ./_OFFICIAL_SENSITIVE__Fraine__Tony_SoS_Decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Gacheru_Austin_SoS_Decision.pdf-allegation 3, Mr Gacheru was sentenced to 7 years imprisonment and was ordered to ./_OFFICIAL_SENSITIVE__Gacheru_Austin_SoS_Decision.pdf:pay a victim surcharge of £170 and placed on the sex offenders register for life. ./_OFFICIAL_SENSITIVE__Gacheru_Austin_SoS_Decision.pdf- ./_OFFICIAL_SENSITIVE__Gacheru_Austin_SoS_Decision.pdf-On examination of the documents before the panel, the panel was satisfied that the facts ./_OFFICIAL_SENSITIVE__Gacheru_Austin_SoS_Decision.pdf-of allegations 1, 2 and 3 were proven. ./_OFFICIAL_SENSITIVE__Gacheru_Austin_SoS_Decision.pdf- ./_OFFICIAL_SENSITIVE__Gacheru_Austin_SoS_Decision.pdf-Findings as to conviction of a relevant offence ./_OFFICIAL_SENSITIVE__Gacheru_Austin_SoS_Decision.pdf- ./_OFFICIAL_SENSITIVE__Gacheru_Austin_SoS_Decision.pdf-Having found the allegations proved, the panel went on to consider whether the facts of ./_OFFICIAL_SENSITIVE__Gacheru_Austin_SoS_Decision.pdf-those proved allegations amounted to conviction of a relevant offence. ./_OFFICIAL_SENSITIVE__Gacheru_Austin_SoS_Decision.pdf- ./_OFFICIAL_SENSITIVE__Gacheru_Austin_SoS_Decision.pdf-In doing so, the panel had regard to the Advice. -- ./_OFFICIAL_SENSITIVE__Gacheru_Austin_SoS_Decision.pdf-undoubtedly affect public confidence in the teaching profession, particularly given the ./_OFFICIAL_SENSITIVE__Gacheru_Austin_SoS_Decision.pdf-influence that teachers may have on pupils, parents and others in the community. The ./_OFFICIAL_SENSITIVE__Gacheru_Austin_SoS_Decision.pdf-panel noted that no parent would want someone that is not only teaching their children ./_OFFICIAL_SENSITIVE__Gacheru_Austin_SoS_Decision.pdf-but also supposed to act as a role model being involved in such offences. The panel also ./_OFFICIAL_SENSITIVE__Gacheru_Austin_SoS_Decision.pdf:noted that Mr Gacheru is going to remain on the sex offenders register for life. ./_OFFICIAL_SENSITIVE__Gacheru_Austin_SoS_Decision.pdf- ./_OFFICIAL_SENSITIVE__Gacheru_Austin_SoS_Decision.pdf-The panel noted that Mr Gacheru’s behaviour ultimately led to a sentence of ./_OFFICIAL_SENSITIVE__Gacheru_Austin_SoS_Decision.pdf-imprisonment in respect of allegations 1, 2 and 3, (albeit the imprisonment was ./_OFFICIAL_SENSITIVE__Gacheru_Austin_SoS_Decision.pdf-suspended in respect of allegations 1 and 2), which was indicative of the seriousness of ./_OFFICIAL_SENSITIVE__Gacheru_Austin_SoS_Decision.pdf-the offences committed. ./_OFFICIAL_SENSITIVE__Gacheru_Austin_SoS_Decision.pdf- ./_OFFICIAL_SENSITIVE__Gacheru_Austin_SoS_Decision.pdf-This was a case concerning offences involving possession of class A drugs, supplying of ./_OFFICIAL_SENSITIVE__Gacheru_Austin_SoS_Decision.pdf:illegal substances of any classification and sexual activity, which the Advice states is ./_OFFICIAL_SENSITIVE__Gacheru_Austin_SoS_Decision.pdf-more likely to be considered a relevant offence. ./_OFFICIAL_SENSITIVE__Gacheru_Austin_SoS_Decision.pdf- ./_OFFICIAL_SENSITIVE__Gacheru_Austin_SoS_Decision.pdf-The panel also found that the seriousness of the offending behaviour that led to the ./_OFFICIAL_SENSITIVE__Gacheru_Austin_SoS_Decision.pdf-convictions was relevant to Mr Gacheru’s ongoing suitability to teach. The panel ./_OFFICIAL_SENSITIVE__Gacheru_Austin_SoS_Decision.pdf-considered that a finding that these convictions were for relevant offences was necessary ./_OFFICIAL_SENSITIVE__Gacheru_Austin_SoS_Decision.pdf-to reaffirm clear standards of conduct so as to maintain public confidence in the teaching ./_OFFICIAL_SENSITIVE__Gacheru_Austin_SoS_Decision.pdf-profession. ./_OFFICIAL_SENSITIVE__Gacheru_Austin_SoS_Decision.pdf- ./_OFFICIAL_SENSITIVE__Gacheru_Austin_SoS_Decision.pdf- ./_OFFICIAL_SENSITIVE__Gacheru_Austin_SoS_Decision.pdf-Panel’s recommendation to the Secretary of State -- ./_OFFICIAL_SENSITIVE__Gacheru_Austin_SoS_Decision.pdf-concerns, as was clearly recognised by the court when imposing sentence. ./_OFFICIAL_SENSITIVE__Gacheru_Austin_SoS_Decision.pdf- ./_OFFICIAL_SENSITIVE__Gacheru_Austin_SoS_Decision.pdf-The panel again noted the importance of safeguarding pupils and the impact that the ./_OFFICIAL_SENSITIVE__Gacheru_Austin_SoS_Decision.pdf-production, sale and use of illegal substances can have within schools, on pupils and the ./_OFFICIAL_SENSITIVE__Gacheru_Austin_SoS_Decision.pdf-public’s confidence in the profession, if an individual was allowed to continue teaching ./_OFFICIAL_SENSITIVE__Gacheru_Austin_SoS_Decision.pdf-with such convictions. ./_OFFICIAL_SENSITIVE__Gacheru_Austin_SoS_Decision.pdf- ./_OFFICIAL_SENSITIVE__Gacheru_Austin_SoS_Decision.pdf-Similarly, the panel considered that public confidence in the profession could be seriously ./_OFFICIAL_SENSITIVE__Gacheru_Austin_SoS_Decision.pdf-weakened if conduct such as that found against Mr Gacheru was not treated with the ./_OFFICIAL_SENSITIVE__Gacheru_Austin_SoS_Decision.pdf-utmost seriousness when regulating the conduct of the profession particularly given that ./_OFFICIAL_SENSITIVE__Gacheru_Austin_SoS_Decision.pdf:Mr Gacheru had been added to the sex offenders register for life. ./_OFFICIAL_SENSITIVE__Gacheru_Austin_SoS_Decision.pdf- ./_OFFICIAL_SENSITIVE__Gacheru_Austin_SoS_Decision.pdf-The panel was of the view that a strong public interest consideration in declaring proper ./_OFFICIAL_SENSITIVE__Gacheru_Austin_SoS_Decision.pdf-standards of conduct in the profession was also present as the conduct found against Mr ./_OFFICIAL_SENSITIVE__Gacheru_Austin_SoS_Decision.pdf-Gacheru was outside that which could reasonably be tolerated. ./_OFFICIAL_SENSITIVE__Gacheru_Austin_SoS_Decision.pdf- ./_OFFICIAL_SENSITIVE__Gacheru_Austin_SoS_Decision.pdf-In view of the clear public interest considerations that were present, the panel considered ./_OFFICIAL_SENSITIVE__Gacheru_Austin_SoS_Decision.pdf-carefully whether or not it would be proportionate to impose a prohibition order, taking ./_OFFICIAL_SENSITIVE__Gacheru_Austin_SoS_Decision.pdf-into account the effect that this would have on Mr Gacheru. The panel was mindful of the ./_OFFICIAL_SENSITIVE__Gacheru_Austin_SoS_Decision.pdf-need to strike the right balance between the rights of the teacher and the public interest. ./_OFFICIAL_SENSITIVE__Gacheru_Austin_SoS_Decision.pdf- -- ./_OFFICIAL_SENSITIVE__Gacheru_Austin_SoS_Decision.pdf- • serious departure from the personal and professional conduct elements of the ./_OFFICIAL_SENSITIVE__Gacheru_Austin_SoS_Decision.pdf- Teachers’ Standards; ./_OFFICIAL_SENSITIVE__Gacheru_Austin_SoS_Decision.pdf- ./_OFFICIAL_SENSITIVE__Gacheru_Austin_SoS_Decision.pdf- • the commission of a serious criminal offence, including those that resulted in a ./_OFFICIAL_SENSITIVE__Gacheru_Austin_SoS_Decision.pdf- conviction or caution, paying particular attention to offences that are ‘relevant ./_OFFICIAL_SENSITIVE__Gacheru_Austin_SoS_Decision.pdf- matters’ for the purposes of The Police Act 1997 and criminal record disclosures. ./_OFFICIAL_SENSITIVE__Gacheru_Austin_SoS_Decision.pdf- ./_OFFICIAL_SENSITIVE__Gacheru_Austin_SoS_Decision.pdf- • misconduct seriously affecting the education and/or safeguarding and well-being ./_OFFICIAL_SENSITIVE__Gacheru_Austin_SoS_Decision.pdf- of pupils, and particularly where there is a continuing risk; ./_OFFICIAL_SENSITIVE__Gacheru_Austin_SoS_Decision.pdf- ./_OFFICIAL_SENSITIVE__Gacheru_Austin_SoS_Decision.pdf: • sexual misconduct, for example, involving actions that were sexually motivated or ./_OFFICIAL_SENSITIVE__Gacheru_Austin_SoS_Decision.pdf: of a sexual nature and/or that use or exploit the trust, knowledge or influence ./_OFFICIAL_SENSITIVE__Gacheru_Austin_SoS_Decision.pdf- derived from the individual’s professional position. ./_OFFICIAL_SENSITIVE__Gacheru_Austin_SoS_Decision.pdf- ./_OFFICIAL_SENSITIVE__Gacheru_Austin_SoS_Decision.pdf-Even though some of the behaviour found proved in this case indicated that a prohibition ./_OFFICIAL_SENSITIVE__Gacheru_Austin_SoS_Decision.pdf-order would be appropriate, the panel went on to consider the mitigating factors. ./_OFFICIAL_SENSITIVE__Gacheru_Austin_SoS_Decision.pdf-Mitigating factors may indicate that a prohibition order would not be appropriate or ./_OFFICIAL_SENSITIVE__Gacheru_Austin_SoS_Decision.pdf-proportionate. ./_OFFICIAL_SENSITIVE__Gacheru_Austin_SoS_Decision.pdf- ./_OFFICIAL_SENSITIVE__Gacheru_Austin_SoS_Decision.pdf- 10 ./_OFFICIAL_SENSITIVE__Gacheru_Austin_SoS_Decision.pdf- -- ./_OFFICIAL_SENSITIVE__Gacheru_Austin_SoS_Decision.pdf-Accordingly, the panel made a recommendation to the Secretary of State that a ./_OFFICIAL_SENSITIVE__Gacheru_Austin_SoS_Decision.pdf-prohibition order should be imposed with immediate effect. ./_OFFICIAL_SENSITIVE__Gacheru_Austin_SoS_Decision.pdf- ./_OFFICIAL_SENSITIVE__Gacheru_Austin_SoS_Decision.pdf-The panel went on to consider whether or not it would be appropriate for it to decide to ./_OFFICIAL_SENSITIVE__Gacheru_Austin_SoS_Decision.pdf-recommend a review period of the order. The panel was mindful that the Advice states ./_OFFICIAL_SENSITIVE__Gacheru_Austin_SoS_Decision.pdf-that a prohibition order applies for life, but there may be circumstances, in any given ./_OFFICIAL_SENSITIVE__Gacheru_Austin_SoS_Decision.pdf-case, that may make it appropriate to allow a teacher to apply to have the prohibition ./_OFFICIAL_SENSITIVE__Gacheru_Austin_SoS_Decision.pdf-order reviewed after a specified period of time that may not be less than 2 years. ./_OFFICIAL_SENSITIVE__Gacheru_Austin_SoS_Decision.pdf- ./_OFFICIAL_SENSITIVE__Gacheru_Austin_SoS_Decision.pdf-The Advice indicates that there are behaviours that, if proved, would militate against the ./_OFFICIAL_SENSITIVE__Gacheru_Austin_SoS_Decision.pdf:recommendation of a review period. These behaviours include serious sexual ./_OFFICIAL_SENSITIVE__Gacheru_Austin_SoS_Decision.pdf-misconduct. The panel found that Mr Gacheru was responsible for such behaviour having ./_OFFICIAL_SENSITIVE__Gacheru_Austin_SoS_Decision.pdf-been convicted of rape. ./_OFFICIAL_SENSITIVE__Gacheru_Austin_SoS_Decision.pdf- ./_OFFICIAL_SENSITIVE__Gacheru_Austin_SoS_Decision.pdf- ./_OFFICIAL_SENSITIVE__Gacheru_Austin_SoS_Decision.pdf- ./_OFFICIAL_SENSITIVE__Gacheru_Austin_SoS_Decision.pdf- 11 ./_OFFICIAL_SENSITIVE__Gacheru_Austin_SoS_Decision.pdf- -- ./_OFFICIAL_SENSITIVE__Gacheru_Austin_SoS_Decision.pdf- ./_OFFICIAL_SENSITIVE__Gacheru_Austin_SoS_Decision.pdf- • Teachers uphold public trust in the profession and maintain high standards of ./_OFFICIAL_SENSITIVE__Gacheru_Austin_SoS_Decision.pdf- ethics and behaviour, within and outside school, by: ./_OFFICIAL_SENSITIVE__Gacheru_Austin_SoS_Decision.pdf- ./_OFFICIAL_SENSITIVE__Gacheru_Austin_SoS_Decision.pdf-  Having regard for the need to safeguard pupils’ well-being, in accordance ./_OFFICIAL_SENSITIVE__Gacheru_Austin_SoS_Decision.pdf- with statutory provisions; and ./_OFFICIAL_SENSITIVE__Gacheru_Austin_SoS_Decision.pdf- • Teachers must have an understanding of, and always act within, the statutory ./_OFFICIAL_SENSITIVE__Gacheru_Austin_SoS_Decision.pdf- frameworks which set out their professional duties and responsibilities. ./_OFFICIAL_SENSITIVE__Gacheru_Austin_SoS_Decision.pdf- ./_OFFICIAL_SENSITIVE__Gacheru_Austin_SoS_Decision.pdf-The findings of relevant convictions are particularly serious as they include findings of ./_OFFICIAL_SENSITIVE__Gacheru_Austin_SoS_Decision.pdf:drug related offences and sexual offences. ./_OFFICIAL_SENSITIVE__Gacheru_Austin_SoS_Decision.pdf- ./_OFFICIAL_SENSITIVE__Gacheru_Austin_SoS_Decision.pdf-I have to determine whether the imposition of a prohibition order is proportionate and in ./_OFFICIAL_SENSITIVE__Gacheru_Austin_SoS_Decision.pdf-the public interest. In considering that for this case, I have considered the overall aim of a ./_OFFICIAL_SENSITIVE__Gacheru_Austin_SoS_Decision.pdf-prohibition order which is to protect pupils and to maintain public confidence in the ./_OFFICIAL_SENSITIVE__Gacheru_Austin_SoS_Decision.pdf-profession. I have considered the extent to which a prohibition order in this case would ./_OFFICIAL_SENSITIVE__Gacheru_Austin_SoS_Decision.pdf-achieve that aim taking into account the impact that it will have on the individual teacher. ./_OFFICIAL_SENSITIVE__Gacheru_Austin_SoS_Decision.pdf- ./_OFFICIAL_SENSITIVE__Gacheru_Austin_SoS_Decision.pdf- 12 ./_OFFICIAL_SENSITIVE__Gacheru_Austin_SoS_Decision.pdf- -- ./_OFFICIAL_SENSITIVE__Gacheru_Austin_SoS_Decision.pdf-submitted on behalf of Mr Gacheru and the panel were unable to assess the level of ./_OFFICIAL_SENSITIVE__Gacheru_Austin_SoS_Decision.pdf-insight or remorse Mr Gacheru had for his actions.” In my judgement, the lack of ./_OFFICIAL_SENSITIVE__Gacheru_Austin_SoS_Decision.pdf-evidence of insight means that there is some risk of the repetition of this behaviour and ./_OFFICIAL_SENSITIVE__Gacheru_Austin_SoS_Decision.pdf-this puts at risk the future wellbeing of pupils. I have therefore given this element ./_OFFICIAL_SENSITIVE__Gacheru_Austin_SoS_Decision.pdf-considerable weight in reaching my decision. ./_OFFICIAL_SENSITIVE__Gacheru_Austin_SoS_Decision.pdf- ./_OFFICIAL_SENSITIVE__Gacheru_Austin_SoS_Decision.pdf-I have gone on to consider the extent to which a prohibition order would maintain public ./_OFFICIAL_SENSITIVE__Gacheru_Austin_SoS_Decision.pdf-confidence in the profession. The panel observe, “the panel considered that public ./_OFFICIAL_SENSITIVE__Gacheru_Austin_SoS_Decision.pdf-confidence in the profession could be seriously weakened if conduct such as that found ./_OFFICIAL_SENSITIVE__Gacheru_Austin_SoS_Decision.pdf-against Mr Gacheru was not treated with the utmost seriousness when regulating the ./_OFFICIAL_SENSITIVE__Gacheru_Austin_SoS_Decision.pdf:conduct of the profession particularly given that Mr Gacheru had been added to the sex ./_OFFICIAL_SENSITIVE__Gacheru_Austin_SoS_Decision.pdf-offenders register for life.” I am particularly mindful of the findings of both drug related ./_OFFICIAL_SENSITIVE__Gacheru_Austin_SoS_Decision.pdf:and sexual convictions in this case and the impact that such a finding has on the ./_OFFICIAL_SENSITIVE__Gacheru_Austin_SoS_Decision.pdf-reputation of the profession. ./_OFFICIAL_SENSITIVE__Gacheru_Austin_SoS_Decision.pdf- ./_OFFICIAL_SENSITIVE__Gacheru_Austin_SoS_Decision.pdf-I have had to consider that the public has a high expectation of professional standards of ./_OFFICIAL_SENSITIVE__Gacheru_Austin_SoS_Decision.pdf-all teachers and that the public might regard a failure to impose a prohibition order as a ./_OFFICIAL_SENSITIVE__Gacheru_Austin_SoS_Decision.pdf-failure to uphold those high standards. In weighing these considerations, I have had to ./_OFFICIAL_SENSITIVE__Gacheru_Austin_SoS_Decision.pdf- ./_OFFICIAL_SENSITIVE__Gacheru_Austin_SoS_Decision.pdf- ./_OFFICIAL_SENSITIVE__Gacheru_Austin_SoS_Decision.pdf- ./_OFFICIAL_SENSITIVE__Gacheru_Austin_SoS_Decision.pdf- 13 ./_OFFICIAL_SENSITIVE__Gacheru_Austin_SoS_Decision.pdf- -- ./_OFFICIAL_SENSITIVE__Gacheru_Austin_SoS_Decision.pdf-high standards in both personal and professional conduct or that he contributed ./_OFFICIAL_SENSITIVE__Gacheru_Austin_SoS_Decision.pdf-significantly to the education sector.” ./_OFFICIAL_SENSITIVE__Gacheru_Austin_SoS_Decision.pdf- ./_OFFICIAL_SENSITIVE__Gacheru_Austin_SoS_Decision.pdf-A prohibition order would prevent Mr Gacheru from teaching and would also clearly ./_OFFICIAL_SENSITIVE__Gacheru_Austin_SoS_Decision.pdf-deprive the public of his contribution to the profession for the period that it is in force. ./_OFFICIAL_SENSITIVE__Gacheru_Austin_SoS_Decision.pdf- ./_OFFICIAL_SENSITIVE__Gacheru_Austin_SoS_Decision.pdf-In this case, I have placed considerable weight on the panel’s comments concerning the ./_OFFICIAL_SENSITIVE__Gacheru_Austin_SoS_Decision.pdf-lack of evidence of insight or remorse. ./_OFFICIAL_SENSITIVE__Gacheru_Austin_SoS_Decision.pdf- ./_OFFICIAL_SENSITIVE__Gacheru_Austin_SoS_Decision.pdf-I have also placed considerable weight on the finding of the panel, “that Mr Gacheru had ./_OFFICIAL_SENSITIVE__Gacheru_Austin_SoS_Decision.pdf:been added to the sex offenders register for life.” ./_OFFICIAL_SENSITIVE__Gacheru_Austin_SoS_Decision.pdf- ./_OFFICIAL_SENSITIVE__Gacheru_Austin_SoS_Decision.pdf-I have given less weight in my consideration of sanction therefore, to the contribution that ./_OFFICIAL_SENSITIVE__Gacheru_Austin_SoS_Decision.pdf-Mr Gacheru has made to the profession. In my view, it is necessary to impose a ./_OFFICIAL_SENSITIVE__Gacheru_Austin_SoS_Decision.pdf-prohibition order in order to maintain public confidence in the profession. A published ./_OFFICIAL_SENSITIVE__Gacheru_Austin_SoS_Decision.pdf-decision, in light of the circumstances in this case, that is not backed up by full remorse ./_OFFICIAL_SENSITIVE__Gacheru_Austin_SoS_Decision.pdf-or insight, does not in my view satisfy the public interest requirement concerning public ./_OFFICIAL_SENSITIVE__Gacheru_Austin_SoS_Decision.pdf-confidence in the profession. ./_OFFICIAL_SENSITIVE__Gacheru_Austin_SoS_Decision.pdf- ./_OFFICIAL_SENSITIVE__Gacheru_Austin_SoS_Decision.pdf-For these reasons, I have concluded that a prohibition order is proportionate and in the ./_OFFICIAL_SENSITIVE__Gacheru_Austin_SoS_Decision.pdf-public interest in order to achieve the intended aims of a prohibition order. ./_OFFICIAL_SENSITIVE__Gacheru_Austin_SoS_Decision.pdf- ./_OFFICIAL_SENSITIVE__Gacheru_Austin_SoS_Decision.pdf-I have gone on to consider the matter of a review period. In this case, the panel has ./_OFFICIAL_SENSITIVE__Gacheru_Austin_SoS_Decision.pdf-recommended a that no provision should be made for a review period. ./_OFFICIAL_SENSITIVE__Gacheru_Austin_SoS_Decision.pdf- ./_OFFICIAL_SENSITIVE__Gacheru_Austin_SoS_Decision.pdf-I have considered the published and the panel’s comments “The Advice indicates that ./_OFFICIAL_SENSITIVE__Gacheru_Austin_SoS_Decision.pdf-there are behaviours that, if proved, would militate against the recommendation of a ./_OFFICIAL_SENSITIVE__Gacheru_Austin_SoS_Decision.pdf:review period. These behaviours include serious sexual misconduct. The panel found ./_OFFICIAL_SENSITIVE__Gacheru_Austin_SoS_Decision.pdf-that Mr Gacheru was responsible for such behaviour having been convicted of rape. ./_OFFICIAL_SENSITIVE__Gacheru_Austin_SoS_Decision.pdf- ./_OFFICIAL_SENSITIVE__Gacheru_Austin_SoS_Decision.pdf-The Advice also indicates that there are behaviours that, if proved, would have greater ./_OFFICIAL_SENSITIVE__Gacheru_Austin_SoS_Decision.pdf-relevance and weigh in favour of a longer review period. These behaviours include ./_OFFICIAL_SENSITIVE__Gacheru_Austin_SoS_Decision.pdf-possession (including for personal use) of any Class A drug; possession with intent to ./_OFFICIAL_SENSITIVE__Gacheru_Austin_SoS_Decision.pdf- ./_OFFICIAL_SENSITIVE__Gacheru_Austin_SoS_Decision.pdf- ./_OFFICIAL_SENSITIVE__Gacheru_Austin_SoS_Decision.pdf- 14 ./_OFFICIAL_SENSITIVE__Gacheru_Austin_SoS_Decision.pdf- ./_OFFICIAL_SENSITIVE__Glaister__Victoria_SoS_Decision__Redacted_.pdf-photograph containing an image of Pupil B in order to use it for her own purposes. ./_OFFICIAL_SENSITIVE__Glaister__Victoria_SoS_Decision__Redacted_.pdf- ./_OFFICIAL_SENSITIVE__Glaister__Victoria_SoS_Decision__Redacted_.pdf-The panel found allegation 6 proven. ./_OFFICIAL_SENSITIVE__Glaister__Victoria_SoS_Decision__Redacted_.pdf- ./_OFFICIAL_SENSITIVE__Glaister__Victoria_SoS_Decision__Redacted_.pdf-7. On an unknown date, you allowed Pupil H to kiss you on the cheek; ./_OFFICIAL_SENSITIVE__Glaister__Victoria_SoS_Decision__Redacted_.pdf- ./_OFFICIAL_SENSITIVE__Glaister__Victoria_SoS_Decision__Redacted_.pdf-The panel noted that in Miss Glaister’s ‘Response for Determination Panel’ dated 13 ./_OFFICIAL_SENSITIVE__Glaister__Victoria_SoS_Decision__Redacted_.pdf-June 2019, it was confirmed ./_OFFICIAL_SENSITIVE__Glaister__Victoria_SoS_Decision__Redacted_.pdf- ./_OFFICIAL_SENSITIVE__Glaister__Victoria_SoS_Decision__Redacted_.pdf-“In the course of taking a photograph Pupil H did kiss me on the cheek. I did not consent ./_OFFICIAL_SENSITIVE__Glaister__Victoria_SoS_Decision__Redacted_.pdf:to this and did not give permission. It was effectively a sexual assault upon me, but due ./_OFFICIAL_SENSITIVE__Glaister__Victoria_SoS_Decision__Redacted_.pdf-to the nature of the social event I did not pursue the matter further” ./_OFFICIAL_SENSITIVE__Glaister__Victoria_SoS_Decision__Redacted_.pdf- ./_OFFICIAL_SENSITIVE__Glaister__Victoria_SoS_Decision__Redacted_.pdf-This accords with the reply Miss Glaister gave to the School’s supplemental questions ./_OFFICIAL_SENSITIVE__Glaister__Victoria_SoS_Decision__Redacted_.pdf-raised after her investigation meeting on 16 October 2017. ./_OFFICIAL_SENSITIVE__Glaister__Victoria_SoS_Decision__Redacted_.pdf- ./_OFFICIAL_SENSITIVE__Glaister__Victoria_SoS_Decision__Redacted_.pdf-In both her witness statement and oral evidence Miss Glaister denied that the kiss ./_OFFICIAL_SENSITIVE__Glaister__Victoria_SoS_Decision__Redacted_.pdf-happened, only that Pupil H attempted to kiss her on the cheek and that the incident ./_OFFICIAL_SENSITIVE__Glaister__Victoria_SoS_Decision__Redacted_.pdf-occurred outside the photo booth. ./_OFFICIAL_SENSITIVE__Glaister__Victoria_SoS_Decision__Redacted_.pdf- ./_OFFICIAL_SENSITIVE__Glaister__Victoria_SoS_Decision__Redacted_.pdf-She confirmed that she had not reported the incident because Pupil H was leaving ./_OFFICIAL_SENSITIVE__Glover_Christopher_SoS_decision_redacted.pdf- conviction or caution, paying particular attention to offences that are “relevant ./_OFFICIAL_SENSITIVE__Glover_Christopher_SoS_decision_redacted.pdf- matters” for the purposes of the Police Act 1997 and criminal record disclosure; ./_OFFICIAL_SENSITIVE__Glover_Christopher_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Glover_Christopher_SoS_decision_redacted.pdf- misconduct seriously affecting the education and/or safeguarding and well-being of ./_OFFICIAL_SENSITIVE__Glover_Christopher_SoS_decision_redacted.pdf- pupils, and particularly where there is a continuing risk; ./_OFFICIAL_SENSITIVE__Glover_Christopher_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Glover_Christopher_SoS_decision_redacted.pdf-Although there was no evidence that Mr Glover’s actions had affected the education and ./_OFFICIAL_SENSITIVE__Glover_Christopher_SoS_decision_redacted.pdf-well-being of pupils at the School, the panel noted, given the age of the children in the ./_OFFICIAL_SENSITIVE__Glover_Christopher_SoS_decision_redacted.pdf-indecent photographs, that these children would have been of school age. ./_OFFICIAL_SENSITIVE__Glover_Christopher_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Glover_Christopher_SoS_decision_redacted.pdf: sexual misconduct, for example, involving actions that were sexually motivated or of a ./_OFFICIAL_SENSITIVE__Glover_Christopher_SoS_decision_redacted.pdf: sexual nature and/or that use or exploit the trust, knowledge or influence derived ./_OFFICIAL_SENSITIVE__Glover_Christopher_SoS_decision_redacted.pdf- from the individual’s professional position; ./_OFFICIAL_SENSITIVE__Glover_Christopher_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Glover_Christopher_SoS_decision_redacted.pdf- 10 ./_OFFICIAL_SENSITIVE__Glover_Christopher_SoS_decision_redacted.pdf- -- ./_OFFICIAL_SENSITIVE__Glover_Christopher_SoS_decision_redacted.pdf:The panel considered that while Mr Glover’s actions did constitute sexual misconduct, ./_OFFICIAL_SENSITIVE__Glover_Christopher_SoS_decision_redacted.pdf-there was no evidence that Mr Glover had used or exploited the trust, knowledge or ./_OFFICIAL_SENSITIVE__Glover_Christopher_SoS_decision_redacted.pdf-influence derived from his professional position. ./_OFFICIAL_SENSITIVE__Glover_Christopher_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Glover_Christopher_SoS_decision_redacted.pdf- any activity involving viewing, taking, making, possessing, distributing or publishing ./_OFFICIAL_SENSITIVE__Glover_Christopher_SoS_decision_redacted.pdf- any indecent photograph or image or indecent pseudo photograph or image of a ./_OFFICIAL_SENSITIVE__Glover_Christopher_SoS_decision_redacted.pdf- child, or permitting such activity, including one-off incidents; ./_OFFICIAL_SENSITIVE__Glover_Christopher_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Glover_Christopher_SoS_decision_redacted.pdf- a deep-seated attitude that leads to harmful behaviour; ./_OFFICIAL_SENSITIVE__Glover_Christopher_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Glover_Christopher_SoS_decision_redacted.pdf- dishonesty or a lack of integrity, including the deliberate concealment of their actions -- ./_OFFICIAL_SENSITIVE__Glover_Christopher_SoS_decision_redacted.pdf-police about his actions. ./_OFFICIAL_SENSITIVE__Glover_Christopher_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Glover_Christopher_SoS_decision_redacted.pdf-Even though the behaviour found proved in this case indicated that a prohibition order ./_OFFICIAL_SENSITIVE__Glover_Christopher_SoS_decision_redacted.pdf-would be appropriate, taking account of the public interest and the seriousness of the ./_OFFICIAL_SENSITIVE__Glover_Christopher_SoS_decision_redacted.pdf-behaviour and the likely harm to the public interest were the teacher be allowed to ./_OFFICIAL_SENSITIVE__Glover_Christopher_SoS_decision_redacted.pdf-continue to teach, the panel went on to consider whether there were mitigating ./_OFFICIAL_SENSITIVE__Glover_Christopher_SoS_decision_redacted.pdf-circumstances. ./_OFFICIAL_SENSITIVE__Glover_Christopher_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Glover_Christopher_SoS_decision_redacted.pdf-There was evidence that Mr Glover’s actions were deliberate. Mr Glover had purchased a ./_OFFICIAL_SENSITIVE__Glover_Christopher_SoS_decision_redacted.pdf-video recording device to record an adult without their knowledge and had downloaded a ./_OFFICIAL_SENSITIVE__Glover_Christopher_SoS_decision_redacted.pdf:security application in which he kept images for trading, including sexual images of ./_OFFICIAL_SENSITIVE__Glover_Christopher_SoS_decision_redacted.pdf-children. ./_OFFICIAL_SENSITIVE__Glover_Christopher_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Glover_Christopher_SoS_decision_redacted.pdf-There was no evidence to suggest that Mr Glover was acting under extreme duress, for ./_OFFICIAL_SENSITIVE__Glover_Christopher_SoS_decision_redacted.pdf-example a physical threat or significant intimidation and, in fact, the panel found Mr ./_OFFICIAL_SENSITIVE__Glover_Christopher_SoS_decision_redacted.pdf-Glover’s actions to be calculated and motivated. ./_OFFICIAL_SENSITIVE__Glover_Christopher_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Glover_Christopher_SoS_decision_redacted.pdf-The panel noted that no references were provided from any colleagues that could attest ./_OFFICIAL_SENSITIVE__Glover_Christopher_SoS_decision_redacted.pdf-to Mr Glover’s abilities as a teacher. No references were provided which attested to high ./_OFFICIAL_SENSITIVE__Glover_Christopher_SoS_decision_redacted.pdf-standards in Mr Glover’s personal and professional conduct. ./_OFFICIAL_SENSITIVE__Glover_Christopher_SoS_decision_redacted.pdf- -- ./_OFFICIAL_SENSITIVE__Glover_Christopher_SoS_decision_redacted.pdf-prohibition order should be imposed with immediate effect. ./_OFFICIAL_SENSITIVE__Glover_Christopher_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Glover_Christopher_SoS_decision_redacted.pdf-The panel went on to consider whether or not it would be appropriate for it to decide to ./_OFFICIAL_SENSITIVE__Glover_Christopher_SoS_decision_redacted.pdf-recommend a review period of the order. The panel was mindful that the Advice states ./_OFFICIAL_SENSITIVE__Glover_Christopher_SoS_decision_redacted.pdf-that a prohibition order applies for life, but there may be circumstances, in any given ./_OFFICIAL_SENSITIVE__Glover_Christopher_SoS_decision_redacted.pdf-case, that may make it appropriate to allow a teacher to apply to have the prohibition ./_OFFICIAL_SENSITIVE__Glover_Christopher_SoS_decision_redacted.pdf-order reviewed after a specified period of time that may not be less than 2 years. ./_OFFICIAL_SENSITIVE__Glover_Christopher_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Glover_Christopher_SoS_decision_redacted.pdf-The Advice indicates that there are cases involving certain conduct where it is likely that ./_OFFICIAL_SENSITIVE__Glover_Christopher_SoS_decision_redacted.pdf-the public interest will have greater relevance and weigh in favour of not offering a review ./_OFFICIAL_SENSITIVE__Glover_Christopher_SoS_decision_redacted.pdf:period. These cases include serious sexual misconduct, for example where the act was ./_OFFICIAL_SENSITIVE__Glover_Christopher_SoS_decision_redacted.pdf:sexually motivated and resulted in, or had the potential to result in, harm to a person or ./_OFFICIAL_SENSITIVE__Glover_Christopher_SoS_decision_redacted.pdf-persons and any activity involving viewing, taking, making, possessing, distributing or ./_OFFICIAL_SENSITIVE__Glover_Christopher_SoS_decision_redacted.pdf-publishing any indecent photograph or image or indecent pseudo photograph or image of ./_OFFICIAL_SENSITIVE__Glover_Christopher_SoS_decision_redacted.pdf-a child, including one off incidents. The panel found that Mr Glover was responsible for ./_OFFICIAL_SENSITIVE__Glover_Christopher_SoS_decision_redacted.pdf-looking at indecent images of children, distributing indecent images of children and ./_OFFICIAL_SENSITIVE__Glover_Christopher_SoS_decision_redacted.pdf-recording an adult getting changed without their knowledge. ./_OFFICIAL_SENSITIVE__Glover_Christopher_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Glover_Christopher_SoS_decision_redacted.pdf-The panel had sight of a transcript of the sentencing hearing, which referred to Mr ./_OFFICIAL_SENSITIVE__Glover_Christopher_SoS_decision_redacted.pdf-Glover’s previous good character and [REDACTED]. It was noted that there were a ./_OFFICIAL_SENSITIVE__Glover_Christopher_SoS_decision_redacted.pdf-limited number of distributed materials and a limited time over which they were ./_OFFICIAL_SENSITIVE__Glover_Christopher_SoS_decision_redacted.pdf-distributed, being October 2020 to April 2021. In mitigation at the sentencing hearing, it -- ./_OFFICIAL_SENSITIVE__Glover_Christopher_SoS_decision_redacted.pdf-I have gone on to consider the extent to which a prohibition order would maintain public ./_OFFICIAL_SENSITIVE__Glover_Christopher_SoS_decision_redacted.pdf-confidence in the profession. The panel observe, “The panel also took account of the way ./_OFFICIAL_SENSITIVE__Glover_Christopher_SoS_decision_redacted.pdf-the teaching profession is viewed by others. The panel considered that Mr Glover’s ./_OFFICIAL_SENSITIVE__Glover_Christopher_SoS_decision_redacted.pdf-behaviour in committing the offence would be likely to affect public confidence in the ./_OFFICIAL_SENSITIVE__Glover_Christopher_SoS_decision_redacted.pdf-teaching profession, if Mr Glover was allowed to continue teaching. ./_OFFICIAL_SENSITIVE__Glover_Christopher_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Glover_Christopher_SoS_decision_redacted.pdf-The panel noted that Mr Glover’s behaviour ultimately led to a sentence of imprisonment, ./_OFFICIAL_SENSITIVE__Glover_Christopher_SoS_decision_redacted.pdf-(albeit that it was suspended), which was indicative of the seriousness of the offences ./_OFFICIAL_SENSITIVE__Glover_Christopher_SoS_decision_redacted.pdf-committed, and which the Advice states is likely to be considered “a relevant offence”.” ./_OFFICIAL_SENSITIVE__Glover_Christopher_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Glover_Christopher_SoS_decision_redacted.pdf:I am particularly mindful of the finding of sexual misconduct in this case and the impact ./_OFFICIAL_SENSITIVE__Glover_Christopher_SoS_decision_redacted.pdf-that such a finding has on the reputation of the profession. ./_OFFICIAL_SENSITIVE__Glover_Christopher_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Glover_Christopher_SoS_decision_redacted.pdf-I have had to consider that the public has a high expectation of professional standards of ./_OFFICIAL_SENSITIVE__Glover_Christopher_SoS_decision_redacted.pdf-all teachers and that the public might regard a failure to impose a prohibition order as a ./_OFFICIAL_SENSITIVE__Glover_Christopher_SoS_decision_redacted.pdf-failure to uphold those high standards. In weighing these considerations, I have had to ./_OFFICIAL_SENSITIVE__Glover_Christopher_SoS_decision_redacted.pdf-consider the matter from the point of view of an “ordinary intelligent and well-informed ./_OFFICIAL_SENSITIVE__Glover_Christopher_SoS_decision_redacted.pdf-citizen.” ./_OFFICIAL_SENSITIVE__Glover_Christopher_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Glover_Christopher_SoS_decision_redacted.pdf-I have considered whether the publication of a finding of a relevant conviction, in the ./_OFFICIAL_SENSITIVE__Glover_Christopher_SoS_decision_redacted.pdf-absence of a prohibition order, can itself be regarded by such a person as being a ./_OFFICIAL_SENSITIVE__Goodwin_David_SoS_decision_-_Updated.pdf-Allegations ./_OFFICIAL_SENSITIVE__Goodwin_David_SoS_decision_-_Updated.pdf-The panel considered the allegations set out in the notice of meeting dated 8 December ./_OFFICIAL_SENSITIVE__Goodwin_David_SoS_decision_-_Updated.pdf-2022, as amended pursuant to the preliminary application referred to below. ./_OFFICIAL_SENSITIVE__Goodwin_David_SoS_decision_-_Updated.pdf- ./_OFFICIAL_SENSITIVE__Goodwin_David_SoS_decision_-_Updated.pdf-It was alleged that Mr Goodwin was guilty of having been convicted of a relevant offence ./_OFFICIAL_SENSITIVE__Goodwin_David_SoS_decision_-_Updated.pdf-on 22 October 2021 at Preston Crown Court: ./_OFFICIAL_SENSITIVE__Goodwin_David_SoS_decision_-_Updated.pdf- ./_OFFICIAL_SENSITIVE__Goodwin_David_SoS_decision_-_Updated.pdf:1. Attempting/engaging in sexual communication with a child on 13 April 2021 to 19 April ./_OFFICIAL_SENSITIVE__Goodwin_David_SoS_decision_-_Updated.pdf-2021. ./_OFFICIAL_SENSITIVE__Goodwin_David_SoS_decision_-_Updated.pdf- ./_OFFICIAL_SENSITIVE__Goodwin_David_SoS_decision_-_Updated.pdf:2. Attempting/cause child under 13 to watch a sexual act on 13 April 2021 to 19 April ./_OFFICIAL_SENSITIVE__Goodwin_David_SoS_decision_-_Updated.pdf-2021. ./_OFFICIAL_SENSITIVE__Goodwin_David_SoS_decision_-_Updated.pdf- ./_OFFICIAL_SENSITIVE__Goodwin_David_SoS_decision_-_Updated.pdf-Mr Goodwin admitted both the facts of the allegation and that he was guilty of having ./_OFFICIAL_SENSITIVE__Goodwin_David_SoS_decision_-_Updated.pdf-been convicted of a relevant offence. ./_OFFICIAL_SENSITIVE__Goodwin_David_SoS_decision_-_Updated.pdf- ./_OFFICIAL_SENSITIVE__Goodwin_David_SoS_decision_-_Updated.pdf- ./_OFFICIAL_SENSITIVE__Goodwin_David_SoS_decision_-_Updated.pdf-Preliminary applications ./_OFFICIAL_SENSITIVE__Goodwin_David_SoS_decision_-_Updated.pdf-The panel was invited by the presenting officer to amend the date of the conviction ./_OFFICIAL_SENSITIVE__Goodwin_David_SoS_decision_-_Updated.pdf-referred to in the allegation from 15 December 2021 to 22 October 2021. The panel has ./_OFFICIAL_SENSITIVE__Goodwin_David_SoS_decision_-_Updated.pdf-the power to, in the interests of justice, amend an allegation or the particulars of an -- ./_OFFICIAL_SENSITIVE__Goodwin_David_SoS_decision_-_Updated.pdf-The panel announced its decision and reasons as follows: ./_OFFICIAL_SENSITIVE__Goodwin_David_SoS_decision_-_Updated.pdf- ./_OFFICIAL_SENSITIVE__Goodwin_David_SoS_decision_-_Updated.pdf-The panel carefully considered the case and reached a decision. ./_OFFICIAL_SENSITIVE__Goodwin_David_SoS_decision_-_Updated.pdf- ./_OFFICIAL_SENSITIVE__Goodwin_David_SoS_decision_-_Updated.pdf-In advance of the meeting, the TRA agreed to a request from Mr Goodwin for the ./_OFFICIAL_SENSITIVE__Goodwin_David_SoS_decision_-_Updated.pdf-allegations to be considered without a hearing. The panel had the ability to direct that the ./_OFFICIAL_SENSITIVE__Goodwin_David_SoS_decision_-_Updated.pdf-case be considered at a hearing if required in the interests of justice or in the public ./_OFFICIAL_SENSITIVE__Goodwin_David_SoS_decision_-_Updated.pdf-interest. The panel did not determine that such a direction was necessary or appropriate ./_OFFICIAL_SENSITIVE__Goodwin_David_SoS_decision_-_Updated.pdf-in this case. ./_OFFICIAL_SENSITIVE__Goodwin_David_SoS_decision_-_Updated.pdf- ./_OFFICIAL_SENSITIVE__Goodwin_David_SoS_decision_-_Updated.pdf:On 21 April 2021, Mr Goodwin was arrested on suspicion of sexual communication with a ./_OFFICIAL_SENSITIVE__Goodwin_David_SoS_decision_-_Updated.pdf-child. On 22 April 2021, Mr Goodwin was suspended from his duties at Furness Academy ./_OFFICIAL_SENSITIVE__Goodwin_David_SoS_decision_-_Updated.pdf-(“the Academy”). Mr Goodwin tendered his resignation on 17 May 2021, taking effect on ./_OFFICIAL_SENSITIVE__Goodwin_David_SoS_decision_-_Updated.pdf-31 May 2021. ./_OFFICIAL_SENSITIVE__Goodwin_David_SoS_decision_-_Updated.pdf- ./_OFFICIAL_SENSITIVE__Goodwin_David_SoS_decision_-_Updated.pdf-Findings of fact ./_OFFICIAL_SENSITIVE__Goodwin_David_SoS_decision_-_Updated.pdf- ./_OFFICIAL_SENSITIVE__Goodwin_David_SoS_decision_-_Updated.pdf-The findings of fact are as follows: ./_OFFICIAL_SENSITIVE__Goodwin_David_SoS_decision_-_Updated.pdf- ./_OFFICIAL_SENSITIVE__Goodwin_David_SoS_decision_-_Updated.pdf-The panel found the following particulars of the allegations against you proved, for these ./_OFFICIAL_SENSITIVE__Goodwin_David_SoS_decision_-_Updated.pdf-reasons: -- ./_OFFICIAL_SENSITIVE__Goodwin_David_SoS_decision_-_Updated.pdf:1. Attempting/engaging in sexual communication with a child on 13 April 2021 to ./_OFFICIAL_SENSITIVE__Goodwin_David_SoS_decision_-_Updated.pdf-19 April 2021. ./_OFFICIAL_SENSITIVE__Goodwin_David_SoS_decision_-_Updated.pdf- ./_OFFICIAL_SENSITIVE__Goodwin_David_SoS_decision_-_Updated.pdf:2. Attempting/cause child under 13 to watch a sexual act on 13 April 2021 to 19 ./_OFFICIAL_SENSITIVE__Goodwin_David_SoS_decision_-_Updated.pdf-April 2021. ./_OFFICIAL_SENSITIVE__Goodwin_David_SoS_decision_-_Updated.pdf- ./_OFFICIAL_SENSITIVE__Goodwin_David_SoS_decision_-_Updated.pdf-The panel has seen a signed certificate of conviction confirming that Mr Goodwin was ./_OFFICIAL_SENSITIVE__Goodwin_David_SoS_decision_-_Updated.pdf:convicted on 22 October 2021, following a guilty plea of attempting to engage in sexual ./_OFFICIAL_SENSITIVE__Goodwin_David_SoS_decision_-_Updated.pdf:communication with a child and attempt to cause a child under 13 to watch a sexual act. ./_OFFICIAL_SENSITIVE__Goodwin_David_SoS_decision_-_Updated.pdf-This also confirmed that Mr Goodwin was sentenced on 15 December 2021. For the first ./_OFFICIAL_SENSITIVE__Goodwin_David_SoS_decision_-_Updated.pdf-offence, Mr Goodwin was sentenced to 18 months imprisonment suspended for 24 ./_OFFICIAL_SENSITIVE__Goodwin_David_SoS_decision_-_Updated.pdf-months, required to undertake rehabilitation activity as directed by the probation service ./_OFFICIAL_SENSITIVE__Goodwin_David_SoS_decision_-_Updated.pdf-for a maximum of 20 days, and to participate in an appropriate programme as directed by ./_OFFICIAL_SENSITIVE__Goodwin_David_SoS_decision_-_Updated.pdf-a responsible officer. For the second offence, Mr Goodwin was sentenced to 9 months ./_OFFICIAL_SENSITIVE__Goodwin_David_SoS_decision_-_Updated.pdf-imprisonment suspended for 24 months (concurrent), required to undertake rehabilitation ./_OFFICIAL_SENSITIVE__Goodwin_David_SoS_decision_-_Updated.pdf-activity as directed by the probation service for a maximum of 20 days, and to participate ./_OFFICIAL_SENSITIVE__Goodwin_David_SoS_decision_-_Updated.pdf-in an appropriate programme as directed by a responsible officer. The court also directed ./_OFFICIAL_SENSITIVE__Goodwin_David_SoS_decision_-_Updated.pdf:that Mr Goodwin be subject to a sexual harm prevention order for a period of 10 years ./_OFFICIAL_SENSITIVE__Goodwin_David_SoS_decision_-_Updated.pdf-and sign the Sex Offender Register for 10 years. Mr Goodwin was also required to pay a ./_OFFICIAL_SENSITIVE__Goodwin_David_SoS_decision_-_Updated.pdf-statutory surcharge of £156. ./_OFFICIAL_SENSITIVE__Goodwin_David_SoS_decision_-_Updated.pdf- ./_OFFICIAL_SENSITIVE__Goodwin_David_SoS_decision_-_Updated.pdf-The panel accepted the certificate of conviction as conclusive proof of both of the ./_OFFICIAL_SENSITIVE__Goodwin_David_SoS_decision_-_Updated.pdf-convictions and the facts necessarily implied by the conviction. ./_OFFICIAL_SENSITIVE__Goodwin_David_SoS_decision_-_Updated.pdf- ./_OFFICIAL_SENSITIVE__Goodwin_David_SoS_decision_-_Updated.pdf-The panel has also seen a police national computer print out which confirms Mr Goodwin ./_OFFICIAL_SENSITIVE__Goodwin_David_SoS_decision_-_Updated.pdf-was convicted of the matters as set out in the allegations. ./_OFFICIAL_SENSITIVE__Goodwin_David_SoS_decision_-_Updated.pdf- ./_OFFICIAL_SENSITIVE__Goodwin_David_SoS_decision_-_Updated.pdf-In a statement of agreed facts, Mr Goodwin admitted that from 13 April to 19 April 2021, ./_OFFICIAL_SENSITIVE__Goodwin_David_SoS_decision_-_Updated.pdf:he exchanged sexually explicit messages with an undercover police officer who was ./_OFFICIAL_SENSITIVE__Goodwin_David_SoS_decision_-_Updated.pdf-purporting to be a twelve year old girl. There were no messages sent by Mr Goodwin ./_OFFICIAL_SENSITIVE__Goodwin_David_SoS_decision_-_Updated.pdf-suggesting an attempt to arrange a meeting in person. ./_OFFICIAL_SENSITIVE__Goodwin_David_SoS_decision_-_Updated.pdf- ./_OFFICIAL_SENSITIVE__Goodwin_David_SoS_decision_-_Updated.pdf-The panel found the facts of the allegations proven. ./_OFFICIAL_SENSITIVE__Goodwin_David_SoS_decision_-_Updated.pdf- ./_OFFICIAL_SENSITIVE__Goodwin_David_SoS_decision_-_Updated.pdf-Findings as to conviction of a relevant offence ./_OFFICIAL_SENSITIVE__Goodwin_David_SoS_decision_-_Updated.pdf- ./_OFFICIAL_SENSITIVE__Goodwin_David_SoS_decision_-_Updated.pdf-Having found the allegations proved, the panel went on to consider whether the facts of ./_OFFICIAL_SENSITIVE__Goodwin_David_SoS_decision_-_Updated.pdf-those proved allegations amounted to convictions of a relevant offence. ./_OFFICIAL_SENSITIVE__Goodwin_David_SoS_decision_-_Updated.pdf- -- ./_OFFICIAL_SENSITIVE__Goodwin_David_SoS_decision_-_Updated.pdf- o showing tolerance of and respect for the rights of others ./_OFFICIAL_SENSITIVE__Goodwin_David_SoS_decision_-_Updated.pdf- ./_OFFICIAL_SENSITIVE__Goodwin_David_SoS_decision_-_Updated.pdf- Teachers must have proper and professional regard for the ethos, policies and ./_OFFICIAL_SENSITIVE__Goodwin_David_SoS_decision_-_Updated.pdf- practices of the school in which they teach… ./_OFFICIAL_SENSITIVE__Goodwin_David_SoS_decision_-_Updated.pdf- ./_OFFICIAL_SENSITIVE__Goodwin_David_SoS_decision_-_Updated.pdf- Teachers must have an understanding of, and always act within, the statutory ./_OFFICIAL_SENSITIVE__Goodwin_David_SoS_decision_-_Updated.pdf- frameworks which set out their professional duties and responsibilities. ./_OFFICIAL_SENSITIVE__Goodwin_David_SoS_decision_-_Updated.pdf- ./_OFFICIAL_SENSITIVE__Goodwin_David_SoS_decision_-_Updated.pdf-The panel noted that Mr Goodwin’s actions were relevant to teaching, working with ./_OFFICIAL_SENSITIVE__Goodwin_David_SoS_decision_-_Updated.pdf-children and working in an education setting since he has been ordered to appear on the ./_OFFICIAL_SENSITIVE__Goodwin_David_SoS_decision_-_Updated.pdf:sex offender’s register for a period of 10 years, having exchanged sexually explicit ./_OFFICIAL_SENSITIVE__Goodwin_David_SoS_decision_-_Updated.pdf-messages with a recipient he believed to be under twelve years old. ./_OFFICIAL_SENSITIVE__Goodwin_David_SoS_decision_-_Updated.pdf- ./_OFFICIAL_SENSITIVE__Goodwin_David_SoS_decision_-_Updated.pdf-The panel noted that the behaviour involved in committing the offence would have been ./_OFFICIAL_SENSITIVE__Goodwin_David_SoS_decision_-_Updated.pdf-likely to have had an impact on the safety and/or security of members of the public had ./_OFFICIAL_SENSITIVE__Goodwin_David_SoS_decision_-_Updated.pdf-the individual with whom he was conversing been a twelve year old girl. ./_OFFICIAL_SENSITIVE__Goodwin_David_SoS_decision_-_Updated.pdf- ./_OFFICIAL_SENSITIVE__Goodwin_David_SoS_decision_-_Updated.pdf-The panel also took account of the way the teaching profession is viewed by others. The ./_OFFICIAL_SENSITIVE__Goodwin_David_SoS_decision_-_Updated.pdf-panel considered that Mr Goodwin’s behaviour in committing the offence would be likely ./_OFFICIAL_SENSITIVE__Goodwin_David_SoS_decision_-_Updated.pdf-to affect public confidence in the teaching profession, if Mr Goodwin was allowed to ./_OFFICIAL_SENSITIVE__Goodwin_David_SoS_decision_-_Updated.pdf-continue teaching. ./_OFFICIAL_SENSITIVE__Goodwin_David_SoS_decision_-_Updated.pdf- ./_OFFICIAL_SENSITIVE__Goodwin_David_SoS_decision_-_Updated.pdf-The panel noted that Mr Goodwin’s behaviour ultimately led to a sentence of ./_OFFICIAL_SENSITIVE__Goodwin_David_SoS_decision_-_Updated.pdf-imprisonment, (albeit suspended), which was indicative of the seriousness of the ./_OFFICIAL_SENSITIVE__Goodwin_David_SoS_decision_-_Updated.pdf-offences committed, and which the Advice states is likely to be considered “a relevant ./_OFFICIAL_SENSITIVE__Goodwin_David_SoS_decision_-_Updated.pdf-offence”. ./_OFFICIAL_SENSITIVE__Goodwin_David_SoS_decision_-_Updated.pdf- ./_OFFICIAL_SENSITIVE__Goodwin_David_SoS_decision_-_Updated.pdf:This was a case concerning an offence involving sexual activity and sexual ./_OFFICIAL_SENSITIVE__Goodwin_David_SoS_decision_-_Updated.pdf-communication with a child. The Advice indicates that a conviction for any offence that ./_OFFICIAL_SENSITIVE__Goodwin_David_SoS_decision_-_Updated.pdf-relates to or involves such offences is likely to be considered “a relevant offence”. ./_OFFICIAL_SENSITIVE__Goodwin_David_SoS_decision_-_Updated.pdf- ./_OFFICIAL_SENSITIVE__Goodwin_David_SoS_decision_-_Updated.pdf-The panel noted Mr Goodwin’s record as a teacher, having been employed at the ./_OFFICIAL_SENSITIVE__Goodwin_David_SoS_decision_-_Updated.pdf-Academy since 1 September 2010 without any previous disciplinary action having been ./_OFFICIAL_SENSITIVE__Goodwin_David_SoS_decision_-_Updated.pdf-taken against him. The panel also noted Mr Goodwin’s account of the [REDACTED]. Mr ./_OFFICIAL_SENSITIVE__Goodwin_David_SoS_decision_-_Updated.pdf-Goodwin explained that he became [REDACTED] dependent upon social media ./_OFFICIAL_SENSITIVE__Goodwin_David_SoS_decision_-_Updated.pdf-communications as a form of escapism [REDACTED]. ./_OFFICIAL_SENSITIVE__Goodwin_David_SoS_decision_-_Updated.pdf- ./_OFFICIAL_SENSITIVE__Goodwin_David_SoS_decision_-_Updated.pdf-The panel found that the seriousness of the offending behaviour outweighed Mr -- ./_OFFICIAL_SENSITIVE__Goodwin_David_SoS_decision_-_Updated.pdf-punitive, or to show that blame has been apportioned, although they are likely to have ./_OFFICIAL_SENSITIVE__Goodwin_David_SoS_decision_-_Updated.pdf-punitive effect. ./_OFFICIAL_SENSITIVE__Goodwin_David_SoS_decision_-_Updated.pdf- ./_OFFICIAL_SENSITIVE__Goodwin_David_SoS_decision_-_Updated.pdf-The panel had regard to the particular public interest considerations set out in the Advice ./_OFFICIAL_SENSITIVE__Goodwin_David_SoS_decision_-_Updated.pdf-and, having done so, found all of them to be relevant in this case, namely, the ./_OFFICIAL_SENSITIVE__Goodwin_David_SoS_decision_-_Updated.pdf-safeguarding and wellbeing of pupils; the protection of other members of the public; the ./_OFFICIAL_SENSITIVE__Goodwin_David_SoS_decision_-_Updated.pdf-maintenance of public confidence in the profession; and declaring and upholding proper ./_OFFICIAL_SENSITIVE__Goodwin_David_SoS_decision_-_Updated.pdf-standards of conduct. ./_OFFICIAL_SENSITIVE__Goodwin_David_SoS_decision_-_Updated.pdf- ./_OFFICIAL_SENSITIVE__Goodwin_David_SoS_decision_-_Updated.pdf-There was a strong public interest consideration in respect of the safeguarding and ./_OFFICIAL_SENSITIVE__Goodwin_David_SoS_decision_-_Updated.pdf:wellbeing of pupils, given the serious findings of engaging in sexual communications with ./_OFFICIAL_SENSITIVE__Goodwin_David_SoS_decision_-_Updated.pdf-an individual that Mr Goodwin believed to be twelve years old and attempting to cause ./_OFFICIAL_SENSITIVE__Goodwin_David_SoS_decision_-_Updated.pdf:her to watch a sexual act. ./_OFFICIAL_SENSITIVE__Goodwin_David_SoS_decision_-_Updated.pdf- ./_OFFICIAL_SENSITIVE__Goodwin_David_SoS_decision_-_Updated.pdf-Similarly, the panel considered that public confidence in the profession could be seriously ./_OFFICIAL_SENSITIVE__Goodwin_David_SoS_decision_-_Updated.pdf-weakened if conduct such as that found against Mr Goodwin were not treated with the ./_OFFICIAL_SENSITIVE__Goodwin_David_SoS_decision_-_Updated.pdf-utmost seriousness when regulating the conduct of the profession. ./_OFFICIAL_SENSITIVE__Goodwin_David_SoS_decision_-_Updated.pdf- ./_OFFICIAL_SENSITIVE__Goodwin_David_SoS_decision_-_Updated.pdf-The panel was of the view that a strong public interest consideration in declaring proper ./_OFFICIAL_SENSITIVE__Goodwin_David_SoS_decision_-_Updated.pdf-standards of conduct in the profession was also present as the conduct found against Mr ./_OFFICIAL_SENSITIVE__Goodwin_David_SoS_decision_-_Updated.pdf-Goodwin was outside that which could reasonably be tolerated. ./_OFFICIAL_SENSITIVE__Goodwin_David_SoS_decision_-_Updated.pdf- ./_OFFICIAL_SENSITIVE__Goodwin_David_SoS_decision_-_Updated.pdf-The panel considered carefully the seriousness of the behaviour, noting that the Advice -- ./_OFFICIAL_SENSITIVE__Goodwin_David_SoS_decision_-_Updated.pdf- serious departure from the personal and professional conduct elements of the ./_OFFICIAL_SENSITIVE__Goodwin_David_SoS_decision_-_Updated.pdf- Teachers’ Standards; ./_OFFICIAL_SENSITIVE__Goodwin_David_SoS_decision_-_Updated.pdf- ./_OFFICIAL_SENSITIVE__Goodwin_David_SoS_decision_-_Updated.pdf- the commission of a serious criminal offence, including those that resulted in a ./_OFFICIAL_SENSITIVE__Goodwin_David_SoS_decision_-_Updated.pdf- conviction or caution, paying particular attention to offences that are “relevant ./_OFFICIAL_SENSITIVE__Goodwin_David_SoS_decision_-_Updated.pdf- matters” for the purposes of the Police Act 1997 and criminal record disclosure; ./_OFFICIAL_SENSITIVE__Goodwin_David_SoS_decision_-_Updated.pdf- ./_OFFICIAL_SENSITIVE__Goodwin_David_SoS_decision_-_Updated.pdf- misconduct seriously affecting the education and/or safeguarding and well-being of ./_OFFICIAL_SENSITIVE__Goodwin_David_SoS_decision_-_Updated.pdf- pupils, and particularly where there is a continuing risk; ./_OFFICIAL_SENSITIVE__Goodwin_David_SoS_decision_-_Updated.pdf- ./_OFFICIAL_SENSITIVE__Goodwin_David_SoS_decision_-_Updated.pdf: sexual misconduct, for example, involving actions that were sexually motivated or of a ./_OFFICIAL_SENSITIVE__Goodwin_David_SoS_decision_-_Updated.pdf: sexual nature…; ./_OFFICIAL_SENSITIVE__Goodwin_David_SoS_decision_-_Updated.pdf- ./_OFFICIAL_SENSITIVE__Goodwin_David_SoS_decision_-_Updated.pdf- a deep-seated attitude that leads to harmful behaviour; ./_OFFICIAL_SENSITIVE__Goodwin_David_SoS_decision_-_Updated.pdf- ./_OFFICIAL_SENSITIVE__Goodwin_David_SoS_decision_-_Updated.pdf-Regarding the issue of whether there is a continuing risk, the panel noted that there was ./_OFFICIAL_SENSITIVE__Goodwin_David_SoS_decision_-_Updated.pdf-no evidence as to whether Mr Goodwin poses an ongoing risk. However, he is subject to ./_OFFICIAL_SENSITIVE__Goodwin_David_SoS_decision_-_Updated.pdf:a sexual harm prevention order for a period of 10 years, and appears on the Sex ./_OFFICIAL_SENSITIVE__Goodwin_David_SoS_decision_-_Updated.pdf-Offender Register for 10 years. ./_OFFICIAL_SENSITIVE__Goodwin_David_SoS_decision_-_Updated.pdf- ./_OFFICIAL_SENSITIVE__Goodwin_David_SoS_decision_-_Updated.pdf-The panel noted that it should attach appropriate weight and seriousness to online ./_OFFICIAL_SENSITIVE__Goodwin_David_SoS_decision_-_Updated.pdf:behaviours. The panel considered that Mr Goodwin had committed serious sexual ./_OFFICIAL_SENSITIVE__Goodwin_David_SoS_decision_-_Updated.pdf-offences. ./_OFFICIAL_SENSITIVE__Goodwin_David_SoS_decision_-_Updated.pdf- ./_OFFICIAL_SENSITIVE__Goodwin_David_SoS_decision_-_Updated.pdf-Even though the behaviour found proved in this case indicated that a prohibition order ./_OFFICIAL_SENSITIVE__Goodwin_David_SoS_decision_-_Updated.pdf-would be appropriate, taking account of the public interest and the seriousness of the ./_OFFICIAL_SENSITIVE__Goodwin_David_SoS_decision_-_Updated.pdf-behaviour and the likely harm to the public interest were the teacher be allowed to ./_OFFICIAL_SENSITIVE__Goodwin_David_SoS_decision_-_Updated.pdf-continue to teach, the panel went on to consider the mitigation offered by the teacher and ./_OFFICIAL_SENSITIVE__Goodwin_David_SoS_decision_-_Updated.pdf-whether there were mitigating circumstances. ./_OFFICIAL_SENSITIVE__Goodwin_David_SoS_decision_-_Updated.pdf- ./_OFFICIAL_SENSITIVE__Goodwin_David_SoS_decision_-_Updated.pdf-Mr Goodwin’s actions were deliberate. ./_OFFICIAL_SENSITIVE__Goodwin_David_SoS_decision_-_Updated.pdf- -- ./_OFFICIAL_SENSITIVE__Goodwin_David_SoS_decision_-_Updated.pdf-Mr Goodwin made an early guilty plea. However, during the Academy’s investigation, the ./_OFFICIAL_SENSITIVE__Goodwin_David_SoS_decision_-_Updated.pdf-panel noted that Mr Goodwin had sought to excuse his behaviour stating that he ./_OFFICIAL_SENSITIVE__Goodwin_David_SoS_decision_-_Updated.pdf-suspected the person with whom he had been conversing was an older person and that ./_OFFICIAL_SENSITIVE__Goodwin_David_SoS_decision_-_Updated.pdf-he had decided to expose the person as a catfish. The panel noted that Mr Goodwin had ./_OFFICIAL_SENSITIVE__Goodwin_David_SoS_decision_-_Updated.pdf-expressed remorse for the situation he found himself in. He appeared to have limited ./_OFFICIAL_SENSITIVE__Goodwin_David_SoS_decision_-_Updated.pdf-insight. He made reference to the potential ramifications for a child engaged in such ./_OFFICIAL_SENSITIVE__Goodwin_David_SoS_decision_-_Updated.pdf-conversations, but he appeared to be more focussed upon the consequences that his ./_OFFICIAL_SENSITIVE__Goodwin_David_SoS_decision_-_Updated.pdf-actions have had upon his own life. Remedial courses have been taken by Mr Goodwin, ./_OFFICIAL_SENSITIVE__Goodwin_David_SoS_decision_-_Updated.pdf-although no independence evidence has been adduced as to the outcome of such ./_OFFICIAL_SENSITIVE__Goodwin_David_SoS_decision_-_Updated.pdf-courses, or of any ongoing steps Mr Goodwin is taking to address his behaviour. He has ./_OFFICIAL_SENSITIVE__Goodwin_David_SoS_decision_-_Updated.pdf:referred to having no sexual interest in children, yet this is at odds with his conviction. ./_OFFICIAL_SENSITIVE__Goodwin_David_SoS_decision_-_Updated.pdf- ./_OFFICIAL_SENSITIVE__Goodwin_David_SoS_decision_-_Updated.pdf-The panel first considered whether it would be proportionate to conclude this case with ./_OFFICIAL_SENSITIVE__Goodwin_David_SoS_decision_-_Updated.pdf-no recommendation of prohibition, considering whether the publication of the findings ./_OFFICIAL_SENSITIVE__Goodwin_David_SoS_decision_-_Updated.pdf-made by the panel would be sufficient. ./_OFFICIAL_SENSITIVE__Goodwin_David_SoS_decision_-_Updated.pdf- ./_OFFICIAL_SENSITIVE__Goodwin_David_SoS_decision_-_Updated.pdf-The panel was of the view that, applying the standard of the ordinary intelligent citizen, it ./_OFFICIAL_SENSITIVE__Goodwin_David_SoS_decision_-_Updated.pdf-would not be a proportionate and appropriate response to recommend no prohibition ./_OFFICIAL_SENSITIVE__Goodwin_David_SoS_decision_-_Updated.pdf-order. Recommending that the publication of adverse findings would be sufficient would ./_OFFICIAL_SENSITIVE__Goodwin_David_SoS_decision_-_Updated.pdf-unacceptably compromise the public interest considerations present in this case, despite ./_OFFICIAL_SENSITIVE__Goodwin_David_SoS_decision_-_Updated.pdf-the severity of the consequences for Mr Goodwin of prohibition. ./_OFFICIAL_SENSITIVE__Goodwin_David_SoS_decision_-_Updated.pdf- ./_OFFICIAL_SENSITIVE__Goodwin_David_SoS_decision_-_Updated.pdf-The panel was of the view that prohibition was both proportionate and appropriate. The ./_OFFICIAL_SENSITIVE__Goodwin_David_SoS_decision_-_Updated.pdf-panel decided that the public interest considerations outweighed the interests of Mr ./_OFFICIAL_SENSITIVE__Goodwin_David_SoS_decision_-_Updated.pdf:Goodwin. The seriousness of the offences involving sexual communication with a child ./_OFFICIAL_SENSITIVE__Goodwin_David_SoS_decision_-_Updated.pdf:and attempting to cause a child to watch a sexual act was a significant factor in forming ./_OFFICIAL_SENSITIVE__Goodwin_David_SoS_decision_-_Updated.pdf-that opinion. Accordingly, the panel made a recommendation to the Secretary of State ./_OFFICIAL_SENSITIVE__Goodwin_David_SoS_decision_-_Updated.pdf-that a prohibition order should be imposed with immediate effect. ./_OFFICIAL_SENSITIVE__Goodwin_David_SoS_decision_-_Updated.pdf- ./_OFFICIAL_SENSITIVE__Goodwin_David_SoS_decision_-_Updated.pdf-The panel went on to consider whether or not it would be appropriate for it to decide to ./_OFFICIAL_SENSITIVE__Goodwin_David_SoS_decision_-_Updated.pdf-recommend a review period of the order. The panel was mindful that the Advice states ./_OFFICIAL_SENSITIVE__Goodwin_David_SoS_decision_-_Updated.pdf-that a prohibition order applies for life, but there may be circumstances, in any given ./_OFFICIAL_SENSITIVE__Goodwin_David_SoS_decision_-_Updated.pdf-case, that may make it appropriate to allow a teacher to apply to have the prohibition ./_OFFICIAL_SENSITIVE__Goodwin_David_SoS_decision_-_Updated.pdf-order reviewed after a specified period of time that may not be less than 2 years. ./_OFFICIAL_SENSITIVE__Goodwin_David_SoS_decision_-_Updated.pdf- ./_OFFICIAL_SENSITIVE__Goodwin_David_SoS_decision_-_Updated.pdf- -- ./_OFFICIAL_SENSITIVE__Goodwin_David_SoS_decision_-_Updated.pdf-The Advice indicates that there are cases involving certain conduct where it is likely that ./_OFFICIAL_SENSITIVE__Goodwin_David_SoS_decision_-_Updated.pdf-the public interest will have greater relevance and weigh in favour of not offering a review ./_OFFICIAL_SENSITIVE__Goodwin_David_SoS_decision_-_Updated.pdf:period. These cases include any sexual misconduct involving a child. ./_OFFICIAL_SENSITIVE__Goodwin_David_SoS_decision_-_Updated.pdf- ./_OFFICIAL_SENSITIVE__Goodwin_David_SoS_decision_-_Updated.pdf-The insight and level of remorse exhibited by Mr Goodwin was not sufficient for the panel ./_OFFICIAL_SENSITIVE__Goodwin_David_SoS_decision_-_Updated.pdf-to be assured that there was no risk of repetition. No independent evidence had been ./_OFFICIAL_SENSITIVE__Goodwin_David_SoS_decision_-_Updated.pdf-adduced that would provide assurance to the panel regarding that risk. ./_OFFICIAL_SENSITIVE__Goodwin_David_SoS_decision_-_Updated.pdf- ./_OFFICIAL_SENSITIVE__Goodwin_David_SoS_decision_-_Updated.pdf-The panel decided that the findings indicated a situation in which a review period would ./_OFFICIAL_SENSITIVE__Goodwin_David_SoS_decision_-_Updated.pdf-not be appropriate and, as such, decided that it would be proportionate, in all the ./_OFFICIAL_SENSITIVE__Goodwin_David_SoS_decision_-_Updated.pdf-circumstances, for the prohibition order to be recommended without provision for a ./_OFFICIAL_SENSITIVE__Goodwin_David_SoS_decision_-_Updated.pdf-review period. ./_OFFICIAL_SENSITIVE__Goodwin_David_SoS_decision_-_Updated.pdf- -- ./_OFFICIAL_SENSITIVE__Goodwin_David_SoS_decision_-_Updated.pdf-The panel finds that the conduct of Mr Goodwin fell significantly short of the standards ./_OFFICIAL_SENSITIVE__Goodwin_David_SoS_decision_-_Updated.pdf-expected of the profession. ./_OFFICIAL_SENSITIVE__Goodwin_David_SoS_decision_-_Updated.pdf- ./_OFFICIAL_SENSITIVE__Goodwin_David_SoS_decision_-_Updated.pdf-The findings of misconduct are particularly serious as they include a conviction of a ./_OFFICIAL_SENSITIVE__Goodwin_David_SoS_decision_-_Updated.pdf:relevant offence of attempting to engage in sexual communication with a child and ./_OFFICIAL_SENSITIVE__Goodwin_David_SoS_decision_-_Updated.pdf:attempt to cause a child under 13 to watch a sexual act. ./_OFFICIAL_SENSITIVE__Goodwin_David_SoS_decision_-_Updated.pdf- ./_OFFICIAL_SENSITIVE__Goodwin_David_SoS_decision_-_Updated.pdf-I have to determine whether the imposition of a prohibition order is proportionate and in ./_OFFICIAL_SENSITIVE__Goodwin_David_SoS_decision_-_Updated.pdf-the public interest. In considering that for this case, I have considered the overall aim of a ./_OFFICIAL_SENSITIVE__Goodwin_David_SoS_decision_-_Updated.pdf-prohibition order which is to protect pupils and to maintain public confidence in the ./_OFFICIAL_SENSITIVE__Goodwin_David_SoS_decision_-_Updated.pdf-profession. I have considered the extent to which a prohibition order in this case would ./_OFFICIAL_SENSITIVE__Goodwin_David_SoS_decision_-_Updated.pdf-achieve that aim taking into account the impact that it will have on the individual teacher. ./_OFFICIAL_SENSITIVE__Goodwin_David_SoS_decision_-_Updated.pdf-I have also asked myself, whether a less intrusive measure, such as the published ./_OFFICIAL_SENSITIVE__Goodwin_David_SoS_decision_-_Updated.pdf-finding of a relevant conviction, would itself be sufficient to achieve the overall aim. I have ./_OFFICIAL_SENSITIVE__Goodwin_David_SoS_decision_-_Updated.pdf-to consider whether the consequences of such a publication are themselves sufficient. I ./_OFFICIAL_SENSITIVE__Goodwin_David_SoS_decision_-_Updated.pdf-have considered therefore whether or not prohibiting Mr Goodwin, and the impact that ./_OFFICIAL_SENSITIVE__Goodwin_David_SoS_decision_-_Updated.pdf-will have on the teacher, is proportionate and in the public interest. ./_OFFICIAL_SENSITIVE__Goodwin_David_SoS_decision_-_Updated.pdf- ./_OFFICIAL_SENSITIVE__Goodwin_David_SoS_decision_-_Updated.pdf-In this case, I have considered the extent to which a prohibition order would safeguard ./_OFFICIAL_SENSITIVE__Goodwin_David_SoS_decision_-_Updated.pdf-pupils. The panel has observed, “There was a strong public interest consideration in ./_OFFICIAL_SENSITIVE__Goodwin_David_SoS_decision_-_Updated.pdf-respect of the safeguarding and wellbeing of pupils, given the serious findings of ./_OFFICIAL_SENSITIVE__Goodwin_David_SoS_decision_-_Updated.pdf:engaging in sexual communications with an individual that Mr Goodwin believed to be ./_OFFICIAL_SENSITIVE__Goodwin_David_SoS_decision_-_Updated.pdf:twelve years old and attempting to cause her to watch a sexual act.” A prohibition order ./_OFFICIAL_SENSITIVE__Goodwin_David_SoS_decision_-_Updated.pdf-would therefore prevent such a risk from being present in the future. ./_OFFICIAL_SENSITIVE__Goodwin_David_SoS_decision_-_Updated.pdf- ./_OFFICIAL_SENSITIVE__Goodwin_David_SoS_decision_-_Updated.pdf-I have also taken into account the panel’s comments on insight and remorse, which the ./_OFFICIAL_SENSITIVE__Goodwin_David_SoS_decision_-_Updated.pdf-panel sets out as follows, “Mr Goodwin made an early guilty plea. However, during the ./_OFFICIAL_SENSITIVE__Goodwin_David_SoS_decision_-_Updated.pdf-Academy’s investigation, the panel noted that Mr Goodwin had sought to excuse his ./_OFFICIAL_SENSITIVE__Goodwin_David_SoS_decision_-_Updated.pdf-behaviour stating that he suspected the person with whom he had been conversing was ./_OFFICIAL_SENSITIVE__Goodwin_David_SoS_decision_-_Updated.pdf-an older person and that he had decided to expose the person as a catfish. The panel ./_OFFICIAL_SENSITIVE__Goodwin_David_SoS_decision_-_Updated.pdf-noted that Mr Goodwin had expressed remorse for the situation he found himself in. He ./_OFFICIAL_SENSITIVE__Goodwin_David_SoS_decision_-_Updated.pdf-appeared to have limited insight. He made reference to the potential ramifications for a ./_OFFICIAL_SENSITIVE__Goodwin_David_SoS_decision_-_Updated.pdf-child engaged in such conversations, but he appeared to be more focussed upon the ./_OFFICIAL_SENSITIVE__Goodwin_David_SoS_decision_-_Updated.pdf-consequences that his actions have had upon his own life. Remedial courses have been ./_OFFICIAL_SENSITIVE__Goodwin_David_SoS_decision_-_Updated.pdf-taken by Mr Goodwin, although no independence evidence has been adduced as to the ./_OFFICIAL_SENSITIVE__Goodwin_David_SoS_decision_-_Updated.pdf-outcome of such courses, or of any ongoing steps Mr Goodwin is taking to address his ./_OFFICIAL_SENSITIVE__Goodwin_David_SoS_decision_-_Updated.pdf:behaviour. He has referred to having no sexual interest in children, yet this is at odds with ./_OFFICIAL_SENSITIVE__Goodwin_David_SoS_decision_-_Updated.pdf-his conviction.” In my judgement, the lack of full insight means that there is some risk of ./_OFFICIAL_SENSITIVE__Goodwin_David_SoS_decision_-_Updated.pdf-the repetition of this behaviour and this puts at risk the future wellbeing of pupils’. I have ./_OFFICIAL_SENSITIVE__Goodwin_David_SoS_decision_-_Updated.pdf-therefore given this element considerable weight in reaching my decision. ./_OFFICIAL_SENSITIVE__Goodwin_David_SoS_decision_-_Updated.pdf- ./_OFFICIAL_SENSITIVE__Goodwin_David_SoS_decision_-_Updated.pdf-I have gone on to consider the extent to which a prohibition order would maintain public ./_OFFICIAL_SENSITIVE__Goodwin_David_SoS_decision_-_Updated.pdf-confidence in the profession and “The panel considered that it was necessary to make a ./_OFFICIAL_SENSITIVE__Goodwin_David_SoS_decision_-_Updated.pdf-finding that these convictions were for relevant offences in order to reaffirm clear ./_OFFICIAL_SENSITIVE__Goodwin_David_SoS_decision_-_Updated.pdf-standards of conduct so as to maintain public confidence in the teaching profession and ./_OFFICIAL_SENSITIVE__Goodwin_David_SoS_decision_-_Updated.pdf- ./_OFFICIAL_SENSITIVE__Goodwin_David_SoS_decision_-_Updated.pdf- 12 -- ./_OFFICIAL_SENSITIVE__Goodwin_David_SoS_decision_-_Updated.pdf:to safeguard children.” I am particularly mindful of the finding of sexual communication ./_OFFICIAL_SENSITIVE__Goodwin_David_SoS_decision_-_Updated.pdf-with an individual Mr Goodwin believed to be twelve years old and the impact that such a ./_OFFICIAL_SENSITIVE__Goodwin_David_SoS_decision_-_Updated.pdf-finding has on the reputation of the profession. ./_OFFICIAL_SENSITIVE__Goodwin_David_SoS_decision_-_Updated.pdf- ./_OFFICIAL_SENSITIVE__Goodwin_David_SoS_decision_-_Updated.pdf-I have had to consider that the public has a high expectation of professional standards of ./_OFFICIAL_SENSITIVE__Goodwin_David_SoS_decision_-_Updated.pdf-all teachers and that the public might regard a failure to impose a prohibition order as a ./_OFFICIAL_SENSITIVE__Goodwin_David_SoS_decision_-_Updated.pdf-failure to uphold those high standards. In weighing these considerations, I have had to ./_OFFICIAL_SENSITIVE__Goodwin_David_SoS_decision_-_Updated.pdf-consider the matter from the point of view of an “ordinary intelligent and well-informed ./_OFFICIAL_SENSITIVE__Goodwin_David_SoS_decision_-_Updated.pdf-citizen.” ./_OFFICIAL_SENSITIVE__Goodwin_David_SoS_decision_-_Updated.pdf- ./_OFFICIAL_SENSITIVE__Goodwin_David_SoS_decision_-_Updated.pdf-I have considered whether the publication of a finding of unacceptable professional -- ./_OFFICIAL_SENSITIVE__Goodwin_David_SoS_decision_-_Updated.pdf-taken.” ./_OFFICIAL_SENSITIVE__Goodwin_David_SoS_decision_-_Updated.pdf- ./_OFFICIAL_SENSITIVE__Goodwin_David_SoS_decision_-_Updated.pdf-“The seriousness of the offending behaviour that led to his conviction was relevant to Mr ./_OFFICIAL_SENSITIVE__Goodwin_David_SoS_decision_-_Updated.pdf-Goodwin’s fitness to be a teacher. The panel considered that it was necessary to make a ./_OFFICIAL_SENSITIVE__Goodwin_David_SoS_decision_-_Updated.pdf-finding that these convictions were for relevant offences in order to reaffirm clear ./_OFFICIAL_SENSITIVE__Goodwin_David_SoS_decision_-_Updated.pdf-standards of conduct so as to maintain public confidence in the teaching profession and ./_OFFICIAL_SENSITIVE__Goodwin_David_SoS_decision_-_Updated.pdf-to safeguard children.” ./_OFFICIAL_SENSITIVE__Goodwin_David_SoS_decision_-_Updated.pdf- ./_OFFICIAL_SENSITIVE__Goodwin_David_SoS_decision_-_Updated.pdf-I have also placed considerable weight on the finding of the panel “Mr Goodwin’s actions ./_OFFICIAL_SENSITIVE__Goodwin_David_SoS_decision_-_Updated.pdf-were relevant to teaching, working with children and working in an education setting ./_OFFICIAL_SENSITIVE__Goodwin_David_SoS_decision_-_Updated.pdf:since he has been ordered to appear on the sex offender’s register for a period of 10 ./_OFFICIAL_SENSITIVE__Goodwin_David_SoS_decision_-_Updated.pdf- ./_OFFICIAL_SENSITIVE__Goodwin_David_SoS_decision_-_Updated.pdf- ./_OFFICIAL_SENSITIVE__Goodwin_David_SoS_decision_-_Updated.pdf- ./_OFFICIAL_SENSITIVE__Goodwin_David_SoS_decision_-_Updated.pdf- 13 ./_OFFICIAL_SENSITIVE__Goodwin_David_SoS_decision_-_Updated.pdf- -- ./_OFFICIAL_SENSITIVE__Goodwin_David_SoS_decision_-_Updated.pdf:years, having exchanged sexually explicit messages with a recipient he believed to be ./_OFFICIAL_SENSITIVE__Goodwin_David_SoS_decision_-_Updated.pdf-under twelve years old.” ./_OFFICIAL_SENSITIVE__Goodwin_David_SoS_decision_-_Updated.pdf- ./_OFFICIAL_SENSITIVE__Goodwin_David_SoS_decision_-_Updated.pdf-“Regarding the issue of whether there is a continuing risk, the panel noted that there was ./_OFFICIAL_SENSITIVE__Goodwin_David_SoS_decision_-_Updated.pdf-no evidence as to whether Mr Goodwin poses an ongoing risk. However, he is subject to ./_OFFICIAL_SENSITIVE__Goodwin_David_SoS_decision_-_Updated.pdf:a sexual harm prevention order for a period of 10 years, and appears on the Sex ./_OFFICIAL_SENSITIVE__Goodwin_David_SoS_decision_-_Updated.pdf-Offender Register for 10 years.” ./_OFFICIAL_SENSITIVE__Goodwin_David_SoS_decision_-_Updated.pdf- ./_OFFICIAL_SENSITIVE__Goodwin_David_SoS_decision_-_Updated.pdf-I have given less weight in my consideration of sanction therefore, to the contribution that ./_OFFICIAL_SENSITIVE__Goodwin_David_SoS_decision_-_Updated.pdf-Mr Goodwin has made to the profession. In my view, it is necessary to impose a ./_OFFICIAL_SENSITIVE__Goodwin_David_SoS_decision_-_Updated.pdf-prohibition order in order to maintain public confidence in the profession. A published ./_OFFICIAL_SENSITIVE__Goodwin_David_SoS_decision_-_Updated.pdf-decision, in light of the circumstances in this case, that is not backed up by full insight, ./_OFFICIAL_SENSITIVE__Goodwin_David_SoS_decision_-_Updated.pdf-does not in my view satisfy the public interest requirement concerning public confidence ./_OFFICIAL_SENSITIVE__Goodwin_David_SoS_decision_-_Updated.pdf-in the profession. ./_OFFICIAL_SENSITIVE__Goodwin_David_SoS_decision_-_Updated.pdf- ./_OFFICIAL_SENSITIVE__Goodwin_David_SoS_decision_-_Updated.pdf-For these reasons, I have concluded that a prohibition order is proportionate and in the ./_OFFICIAL_SENSITIVE__Goodwin_David_SoS_decision_-_Updated.pdf-public interest in order to achieve the intended aims of a prohibition order. ./_OFFICIAL_SENSITIVE__Goodwin_David_SoS_decision_-_Updated.pdf- ./_OFFICIAL_SENSITIVE__Goodwin_David_SoS_decision_-_Updated.pdf-I have gone on to consider the matter of a review period. In this case, the panel has ./_OFFICIAL_SENSITIVE__Goodwin_David_SoS_decision_-_Updated.pdf-recommended that no provision should be made for a review period. ./_OFFICIAL_SENSITIVE__Goodwin_David_SoS_decision_-_Updated.pdf- ./_OFFICIAL_SENSITIVE__Goodwin_David_SoS_decision_-_Updated.pdf-I have considered the panel’s comments “The Advice indicates that there are cases ./_OFFICIAL_SENSITIVE__Goodwin_David_SoS_decision_-_Updated.pdf-involving certain conduct where it is likely that the public interest will have greater ./_OFFICIAL_SENSITIVE__Goodwin_David_SoS_decision_-_Updated.pdf-relevance and weigh in favour of not offering a review period. These cases include any ./_OFFICIAL_SENSITIVE__Goodwin_David_SoS_decision_-_Updated.pdf:sexual misconduct involving a child. ./_OFFICIAL_SENSITIVE__Goodwin_David_SoS_decision_-_Updated.pdf- ./_OFFICIAL_SENSITIVE__Goodwin_David_SoS_decision_-_Updated.pdf-The insight and level of remorse exhibited by Mr Goodwin was not sufficient for the panel ./_OFFICIAL_SENSITIVE__Goodwin_David_SoS_decision_-_Updated.pdf-to be assured that there was no risk of repetition. No independent evidence had been ./_OFFICIAL_SENSITIVE__Goodwin_David_SoS_decision_-_Updated.pdf-adduced that would provide assurance to the panel regarding that risk.” ./_OFFICIAL_SENSITIVE__Goodwin_David_SoS_decision_-_Updated.pdf- ./_OFFICIAL_SENSITIVE__Goodwin_David_SoS_decision_-_Updated.pdf-In this case, factors mean that allowing a review period is not sufficient to achieve the ./_OFFICIAL_SENSITIVE__Goodwin_David_SoS_decision_-_Updated.pdf-aim of maintaining public confidence in the profession. These elements are the ./_OFFICIAL_SENSITIVE__Goodwin_David_SoS_decision_-_Updated.pdf-seriousness of the findings and the lack of full insight. ./_OFFICIAL_SENSITIVE__Goodwin_David_SoS_decision_-_Updated.pdf- ./_OFFICIAL_SENSITIVE__Goodwin_David_SoS_decision_-_Updated.pdf-I consider therefore that allowing for no review period is necessary to maintain public ./_OFFICIAL_SENSITIVE__Green_Jonas_SoS_decision.pdf-panel did not determine that such a direction was necessary or appropriate in this case. ./_OFFICIAL_SENSITIVE__Green_Jonas_SoS_decision.pdf- ./_OFFICIAL_SENSITIVE__Green_Jonas_SoS_decision.pdf-Dr Green was employed at Haberdashers’ Aske’s Boy’s School (‘the School’) as a ./_OFFICIAL_SENSITIVE__Green_Jonas_SoS_decision.pdf-teacher of Theology and Philosophy from 1 September 2007. ./_OFFICIAL_SENSITIVE__Green_Jonas_SoS_decision.pdf- ./_OFFICIAL_SENSITIVE__Green_Jonas_SoS_decision.pdf-On 1 September 2013, Dr Green took on the role of Senior Tutor – Sixth Form, in ./_OFFICIAL_SENSITIVE__Green_Jonas_SoS_decision.pdf-addition to his primary teaching role. ./_OFFICIAL_SENSITIVE__Green_Jonas_SoS_decision.pdf- ./_OFFICIAL_SENSITIVE__Green_Jonas_SoS_decision.pdf-On 2 January 2020, Bedfordshire Police attended Dr Green’s address after receiving ./_OFFICIAL_SENSITIVE__Green_Jonas_SoS_decision.pdf-information that an IP address connected to his address had been used on 30 May 2019 ./_OFFICIAL_SENSITIVE__Green_Jonas_SoS_decision.pdf:to access online child sexual abuse and exploitation material. ./_OFFICIAL_SENSITIVE__Green_Jonas_SoS_decision.pdf- ./_OFFICIAL_SENSITIVE__Green_Jonas_SoS_decision.pdf-A number of devices were seized by the police; Dr Green’s laptop was triaged on scene ./_OFFICIAL_SENSITIVE__Green_Jonas_SoS_decision.pdf-and discovered to have the TOR network (also known as “the dark web”) downloaded. Dr ./_OFFICIAL_SENSITIVE__Green_Jonas_SoS_decision.pdf-Green was asked why he had this downloaded and he replied that he used it to see what ./_OFFICIAL_SENSITIVE__Green_Jonas_SoS_decision.pdf-could be accessed and whether it was possible to download child abuse on there. The ./_OFFICIAL_SENSITIVE__Green_Jonas_SoS_decision.pdf-total number of indecent images found were as follows: a) Category B – 2 images; and b) ./_OFFICIAL_SENSITIVE__Green_Jonas_SoS_decision.pdf-Category C – 3 images. ./_OFFICIAL_SENSITIVE__Green_Jonas_SoS_decision.pdf- ./_OFFICIAL_SENSITIVE__Green_Jonas_SoS_decision.pdf-Dr Green attended a police interview on 21 February 2020 and answered “no comment” ./_OFFICIAL_SENSITIVE__Green_Jonas_SoS_decision.pdf-to all questions. -- ./_OFFICIAL_SENSITIVE__Green_Jonas_SoS_decision.pdf-The panel noted page 8 of the Teacher misconduct: The prohibition of teachers (‘the ./_OFFICIAL_SENSITIVE__Green_Jonas_SoS_decision.pdf-Advice’) which states that where there has been a conviction at any time, of a criminal ./_OFFICIAL_SENSITIVE__Green_Jonas_SoS_decision.pdf-offence, the panel will accept the certificate of conviction as conclusive proof of both the ./_OFFICIAL_SENSITIVE__Green_Jonas_SoS_decision.pdf-conviction and the facts necessarily implied by the conviction, unless exceptional ./_OFFICIAL_SENSITIVE__Green_Jonas_SoS_decision.pdf-circumstances apply. ./_OFFICIAL_SENSITIVE__Green_Jonas_SoS_decision.pdf- ./_OFFICIAL_SENSITIVE__Green_Jonas_SoS_decision.pdf-The panel had been provided with a copy of the certificate of conviction from St Albans ./_OFFICIAL_SENSITIVE__Green_Jonas_SoS_decision.pdf-Crown Court, which detailed that Dr Green had been convicted of two counts of making ./_OFFICIAL_SENSITIVE__Green_Jonas_SoS_decision.pdf-indecent photographs or pseudo-photographs of children and was ordered to undertake a ./_OFFICIAL_SENSITIVE__Green_Jonas_SoS_decision.pdf-community order for 12 months including a rehabilitation activity requirement for 20 days. ./_OFFICIAL_SENSITIVE__Green_Jonas_SoS_decision.pdf:Dr Green was also placed on the sex offenders register for 5 years and ordered to pay a ./_OFFICIAL_SENSITIVE__Green_Jonas_SoS_decision.pdf-total victim surcharge of £390. ./_OFFICIAL_SENSITIVE__Green_Jonas_SoS_decision.pdf- ./_OFFICIAL_SENSITIVE__Green_Jonas_SoS_decision.pdf-On examination of the documents before the panel, the panel was satisfied that the facts ./_OFFICIAL_SENSITIVE__Green_Jonas_SoS_decision.pdf-of allegation 1 were proven. ./_OFFICIAL_SENSITIVE__Green_Jonas_SoS_decision.pdf- ./_OFFICIAL_SENSITIVE__Green_Jonas_SoS_decision.pdf-Findings as to conviction of a relevant offence ./_OFFICIAL_SENSITIVE__Green_Jonas_SoS_decision.pdf- ./_OFFICIAL_SENSITIVE__Green_Jonas_SoS_decision.pdf-Having found the allegation proved, the panel went on to consider whether the facts of ./_OFFICIAL_SENSITIVE__Green_Jonas_SoS_decision.pdf-the proved allegation amounted to a conviction of a relevant offence. ./_OFFICIAL_SENSITIVE__Green_Jonas_SoS_decision.pdf- -- ./_OFFICIAL_SENSITIVE__Green_Jonas_SoS_decision.pdf-not involve pupils from the School. However, the panel noted that Dr Green was ./_OFFICIAL_SENSITIVE__Green_Jonas_SoS_decision.pdf-convicted of the offence of making indecent photograph or pseudo-photograph of ./_OFFICIAL_SENSITIVE__Green_Jonas_SoS_decision.pdf:children and that Dr Green was placed on the sex offenders register for a period of five ./_OFFICIAL_SENSITIVE__Green_Jonas_SoS_decision.pdf-years. The panel was therefore satisfied that Dr Green’s actions were relevant to ./_OFFICIAL_SENSITIVE__Green_Jonas_SoS_decision.pdf-teaching, working with children and/or working in an education setting as it was an ./_OFFICIAL_SENSITIVE__Green_Jonas_SoS_decision.pdf-offence involving children. ./_OFFICIAL_SENSITIVE__Green_Jonas_SoS_decision.pdf- ./_OFFICIAL_SENSITIVE__Green_Jonas_SoS_decision.pdf-The panel also took account of the way the teaching profession is viewed by others. The ./_OFFICIAL_SENSITIVE__Green_Jonas_SoS_decision.pdf-panel considered that Dr Green’s behaviour in committing these offences could ./_OFFICIAL_SENSITIVE__Green_Jonas_SoS_decision.pdf-undoubtedly affect public confidence in the teaching profession, particularly given the ./_OFFICIAL_SENSITIVE__Green_Jonas_SoS_decision.pdf-influence that teachers may have on pupils, parents and others in the community. His ./_OFFICIAL_SENSITIVE__Green_Jonas_SoS_decision.pdf-conduct ran counter to what should have been at the very core of his practice as a ./_OFFICIAL_SENSITIVE__Green_Jonas_SoS_decision.pdf-teacher with a duty of care towards children. -- ./_OFFICIAL_SENSITIVE__Green_Jonas_SoS_decision.pdf-order may be appropriate if certain behaviours of a teacher have been proved. In the list ./_OFFICIAL_SENSITIVE__Green_Jonas_SoS_decision.pdf-of such behaviours, those that are relevant in this case are: ./_OFFICIAL_SENSITIVE__Green_Jonas_SoS_decision.pdf- ./_OFFICIAL_SENSITIVE__Green_Jonas_SoS_decision.pdf- • serious departure from the personal and professional conduct elements of the ./_OFFICIAL_SENSITIVE__Green_Jonas_SoS_decision.pdf- Teachers’ Standards; ./_OFFICIAL_SENSITIVE__Green_Jonas_SoS_decision.pdf- ./_OFFICIAL_SENSITIVE__Green_Jonas_SoS_decision.pdf- • the commission of a serious criminal offence, including those that resulted in a ./_OFFICIAL_SENSITIVE__Green_Jonas_SoS_decision.pdf- conviction or caution, paying particular attention to offences that are ‘relevant ./_OFFICIAL_SENSITIVE__Green_Jonas_SoS_decision.pdf- matters’ for the purposes of The Police Act 1997 and criminal record disclosures; ./_OFFICIAL_SENSITIVE__Green_Jonas_SoS_decision.pdf- ./_OFFICIAL_SENSITIVE__Green_Jonas_SoS_decision.pdf: • sexual misconduct, for example, involving actions that were sexually motivated or ./_OFFICIAL_SENSITIVE__Green_Jonas_SoS_decision.pdf: of a sexual nature and/or that use or exploit the trust, knowledge or influence ./_OFFICIAL_SENSITIVE__Green_Jonas_SoS_decision.pdf- derived from the individual’s professional position; and ./_OFFICIAL_SENSITIVE__Green_Jonas_SoS_decision.pdf- ./_OFFICIAL_SENSITIVE__Green_Jonas_SoS_decision.pdf- • any activity involving viewing, taking, making, possessing, distributing or ./_OFFICIAL_SENSITIVE__Green_Jonas_SoS_decision.pdf- publishing any indecent photograph or image or pseudo photograph or image of a ./_OFFICIAL_SENSITIVE__Green_Jonas_SoS_decision.pdf- child, or permitting such activity, including one-off incidents. ./_OFFICIAL_SENSITIVE__Green_Jonas_SoS_decision.pdf- ./_OFFICIAL_SENSITIVE__Green_Jonas_SoS_decision.pdf-Even though some of the behaviour found proved in this case indicated that a prohibition ./_OFFICIAL_SENSITIVE__Green_Jonas_SoS_decision.pdf-order would be appropriate, the panel went on to consider the mitigating factors. ./_OFFICIAL_SENSITIVE__Green_Jonas_SoS_decision.pdf- ./_OFFICIAL_SENSITIVE__Green_Jonas_SoS_decision.pdf- 8 -- ./_OFFICIAL_SENSITIVE__Green_Jonas_SoS_decision.pdf- own attendance and punctuality. ./_OFFICIAL_SENSITIVE__Green_Jonas_SoS_decision.pdf- ./_OFFICIAL_SENSITIVE__Green_Jonas_SoS_decision.pdf- • Teachers must have an understanding of, and always act within, the statutory ./_OFFICIAL_SENSITIVE__Green_Jonas_SoS_decision.pdf- frameworks which set out their professional duties and responsibilities. ./_OFFICIAL_SENSITIVE__Green_Jonas_SoS_decision.pdf- ./_OFFICIAL_SENSITIVE__Green_Jonas_SoS_decision.pdf-In this case I have considered the seriousness of the finding and the panel’s comments, ./_OFFICIAL_SENSITIVE__Green_Jonas_SoS_decision.pdf-“The panel noted that Dr Green’s actions took place outside of the education setting, in ./_OFFICIAL_SENSITIVE__Green_Jonas_SoS_decision.pdf-that he was accessing images online. As far as the panel was aware, the incidents did ./_OFFICIAL_SENSITIVE__Green_Jonas_SoS_decision.pdf-not involve pupils from the School. However, the panel noted that Dr Green was ./_OFFICIAL_SENSITIVE__Green_Jonas_SoS_decision.pdf-convicted of the offence of making indecent photograph or pseudo-photograph of children ./_OFFICIAL_SENSITIVE__Green_Jonas_SoS_decision.pdf:and that Dr Green was placed on the sex offenders register for a period of five years. The ./_OFFICIAL_SENSITIVE__Green_Jonas_SoS_decision.pdf-panel was therefore satisfied that Dr Green’s actions were relevant to teaching, working ./_OFFICIAL_SENSITIVE__Green_Jonas_SoS_decision.pdf- ./_OFFICIAL_SENSITIVE__Green_Jonas_SoS_decision.pdf- 10 ./_OFFICIAL_SENSITIVE__Green_Jonas_SoS_decision.pdf- ./_OFFICIAL_SENSITIVE__Hacker_Benjamin_SOS_decision__Redacted_.pdf- ./_OFFICIAL_SENSITIVE__Hacker_Benjamin_SOS_decision__Redacted_.pdf-1. While employed at Kings Foundation he exchanged telephone numbers and or social ./_OFFICIAL_SENSITIVE__Hacker_Benjamin_SOS_decision__Redacted_.pdf- media details with Person A (who at the time [redacted] and/or under his ./_OFFICIAL_SENSITIVE__Hacker_Benjamin_SOS_decision__Redacted_.pdf- supervision); ./_OFFICIAL_SENSITIVE__Hacker_Benjamin_SOS_decision__Redacted_.pdf- ./_OFFICIAL_SENSITIVE__Hacker_Benjamin_SOS_decision__Redacted_.pdf-2. He exchanged messages via mobile phone and/or social media with Person A in ./_OFFICIAL_SENSITIVE__Hacker_Benjamin_SOS_decision__Redacted_.pdf- which he: ./_OFFICIAL_SENSITIVE__Hacker_Benjamin_SOS_decision__Redacted_.pdf- ./_OFFICIAL_SENSITIVE__Hacker_Benjamin_SOS_decision__Redacted_.pdf- a) commented upon Person A’s appearance; ./_OFFICIAL_SENSITIVE__Hacker_Benjamin_SOS_decision__Redacted_.pdf- ./_OFFICIAL_SENSITIVE__Hacker_Benjamin_SOS_decision__Redacted_.pdf: b) suggested that he wanted to engage in sexual activity with Person A; ./_OFFICIAL_SENSITIVE__Hacker_Benjamin_SOS_decision__Redacted_.pdf- ./_OFFICIAL_SENSITIVE__Hacker_Benjamin_SOS_decision__Redacted_.pdf- c) arranged to meet Person A outside of working at Kings Foundation and/or drive ./_OFFICIAL_SENSITIVE__Hacker_Benjamin_SOS_decision__Redacted_.pdf- [redacted] to or from work at Kings Foundation; and ./_OFFICIAL_SENSITIVE__Hacker_Benjamin_SOS_decision__Redacted_.pdf- ./_OFFICIAL_SENSITIVE__Hacker_Benjamin_SOS_decision__Redacted_.pdf- d) sent a photo of a nude male to Person A; ./_OFFICIAL_SENSITIVE__Hacker_Benjamin_SOS_decision__Redacted_.pdf- ./_OFFICIAL_SENSITIVE__Hacker_Benjamin_SOS_decision__Redacted_.pdf-3. On or around 26 June 2021, while employed as a lead coach at Kings Foundation, ./_OFFICIAL_SENSITIVE__Hacker_Benjamin_SOS_decision__Redacted_.pdf- he: ./_OFFICIAL_SENSITIVE__Hacker_Benjamin_SOS_decision__Redacted_.pdf- ./_OFFICIAL_SENSITIVE__Hacker_Benjamin_SOS_decision__Redacted_.pdf- a) kissed Person A; ./_OFFICIAL_SENSITIVE__Hacker_Benjamin_SOS_decision__Redacted_.pdf- ./_OFFICIAL_SENSITIVE__Hacker_Benjamin_SOS_decision__Redacted_.pdf- b) placed his hand down Person A’s shorts; and ./_OFFICIAL_SENSITIVE__Hacker_Benjamin_SOS_decision__Redacted_.pdf- ./_OFFICIAL_SENSITIVE__Hacker_Benjamin_SOS_decision__Redacted_.pdf- c) digitally penetrated Person A; ./_OFFICIAL_SENSITIVE__Hacker_Benjamin_SOS_decision__Redacted_.pdf- ./_OFFICIAL_SENSITIVE__Hacker_Benjamin_SOS_decision__Redacted_.pdf-4. He engaged in any or all of the conduct at paragraph 3 above when Person A did not ./_OFFICIAL_SENSITIVE__Hacker_Benjamin_SOS_decision__Redacted_.pdf- consent to any or all of the conduct alleged; and ./_OFFICIAL_SENSITIVE__Hacker_Benjamin_SOS_decision__Redacted_.pdf- ./_OFFICIAL_SENSITIVE__Hacker_Benjamin_SOS_decision__Redacted_.pdf:5. His conduct as set out in paragraph 1 and/or 2 and/or 3 was sexually motivated. ./_OFFICIAL_SENSITIVE__Hacker_Benjamin_SOS_decision__Redacted_.pdf- ./_OFFICIAL_SENSITIVE__Hacker_Benjamin_SOS_decision__Redacted_.pdf-Mr Hacker admitted the facts of allegations 1 to 5 and that his behaviour amounted to ./_OFFICIAL_SENSITIVE__Hacker_Benjamin_SOS_decision__Redacted_.pdf-unacceptable professional conduct and/or conduct that may bring the profession into ./_OFFICIAL_SENSITIVE__Hacker_Benjamin_SOS_decision__Redacted_.pdf-disrepute falling short of the standards of behaviour expected of a teacher, as set out in ./_OFFICIAL_SENSITIVE__Hacker_Benjamin_SOS_decision__Redacted_.pdf-the statement of agreed facts signed by Mr Hacker on 5 December 2022. ./_OFFICIAL_SENSITIVE__Hacker_Benjamin_SOS_decision__Redacted_.pdf- ./_OFFICIAL_SENSITIVE__Hacker_Benjamin_SOS_decision__Redacted_.pdf- ./_OFFICIAL_SENSITIVE__Hacker_Benjamin_SOS_decision__Redacted_.pdf- ./_OFFICIAL_SENSITIVE__Hacker_Benjamin_SOS_decision__Redacted_.pdf- ./_OFFICIAL_SENSITIVE__Hacker_Benjamin_SOS_decision__Redacted_.pdf- 4 -- ./_OFFICIAL_SENSITIVE__Hacker_Benjamin_SOS_decision__Redacted_.pdf-Gosport and Fareham Multi Academy Trust, held at Brune Park Community School. The ./_OFFICIAL_SENSITIVE__Hacker_Benjamin_SOS_decision__Redacted_.pdf-Kings Foundation weekend programme at Brune Park Community School aimed to raise ./_OFFICIAL_SENSITIVE__Hacker_Benjamin_SOS_decision__Redacted_.pdf-activity engagement levels for up to 30 young people, aged between 11 and 14 years old. ./_OFFICIAL_SENSITIVE__Hacker_Benjamin_SOS_decision__Redacted_.pdf-Mr Hacker, along with other staff, were responsible for mentoring sixth form students ./_OFFICIAL_SENSITIVE__Hacker_Benjamin_SOS_decision__Redacted_.pdf-undertaking the ‘Rookie Sports Leadership award’. ./_OFFICIAL_SENSITIVE__Hacker_Benjamin_SOS_decision__Redacted_.pdf- ./_OFFICIAL_SENSITIVE__Hacker_Benjamin_SOS_decision__Redacted_.pdf-Person A was [redacted] attending the ‘Rookie Sports Leadership award’ and therefore ./_OFFICIAL_SENSITIVE__Hacker_Benjamin_SOS_decision__Redacted_.pdf-under the supervision of Mr Hacker. ./_OFFICIAL_SENSITIVE__Hacker_Benjamin_SOS_decision__Redacted_.pdf- ./_OFFICIAL_SENSITIVE__Hacker_Benjamin_SOS_decision__Redacted_.pdf-The School were informed by the LADO on 19 July 2021, of an allegation that Mr Hacker ./_OFFICIAL_SENSITIVE__Hacker_Benjamin_SOS_decision__Redacted_.pdf:had engaged in sexual activity [redacted] (Person A). The sexual activity had occurred ./_OFFICIAL_SENSITIVE__Hacker_Benjamin_SOS_decision__Redacted_.pdf-whilst Mr Hacker was working at the Kings Foundation. ./_OFFICIAL_SENSITIVE__Hacker_Benjamin_SOS_decision__Redacted_.pdf- ./_OFFICIAL_SENSITIVE__Hacker_Benjamin_SOS_decision__Redacted_.pdf-On 20 July 2021, Mr Hacker was formally suspended from the School. A LADO strategy ./_OFFICIAL_SENSITIVE__Hacker_Benjamin_SOS_decision__Redacted_.pdf-meeting took place on 22 July 2021, and a second meeting took place on 13 August ./_OFFICIAL_SENSITIVE__Hacker_Benjamin_SOS_decision__Redacted_.pdf-2021. ./_OFFICIAL_SENSITIVE__Hacker_Benjamin_SOS_decision__Redacted_.pdf- ./_OFFICIAL_SENSITIVE__Hacker_Benjamin_SOS_decision__Redacted_.pdf-A letter was sent to Mr Hacker on 18 August 2021 confirming that his suspension was to ./_OFFICIAL_SENSITIVE__Hacker_Benjamin_SOS_decision__Redacted_.pdf-remain in place. ./_OFFICIAL_SENSITIVE__Hacker_Benjamin_SOS_decision__Redacted_.pdf- ./_OFFICIAL_SENSITIVE__Hacker_Benjamin_SOS_decision__Redacted_.pdf-Mr Hacker was interviewed by the police on 6 September 2021. On the same day, a third -- ./_OFFICIAL_SENSITIVE__Hacker_Benjamin_SOS_decision__Redacted_.pdf-supervision. ./_OFFICIAL_SENSITIVE__Hacker_Benjamin_SOS_decision__Redacted_.pdf- ./_OFFICIAL_SENSITIVE__Hacker_Benjamin_SOS_decision__Redacted_.pdf-Mr Hacker also accepted that the Kings Foundation guidance on ‘how to protect yourself ./_OFFICIAL_SENSITIVE__Hacker_Benjamin_SOS_decision__Redacted_.pdf-from allegations’ prohibits members of staff from becoming ‘friends’ with any young ./_OFFICIAL_SENSITIVE__Hacker_Benjamin_SOS_decision__Redacted_.pdf-person attending the camp, on any form of social media. The guidance further prohibits ./_OFFICIAL_SENSITIVE__Hacker_Benjamin_SOS_decision__Redacted_.pdf-members of staff from communication with any young people attending the camp over ./_OFFICIAL_SENSITIVE__Hacker_Benjamin_SOS_decision__Redacted_.pdf-personal mobile phones. Mr Hacker therefore accepted that he had breached this ./_OFFICIAL_SENSITIVE__Hacker_Benjamin_SOS_decision__Redacted_.pdf-guidance in pursuit of a personal relationship with Person A. ./_OFFICIAL_SENSITIVE__Hacker_Benjamin_SOS_decision__Redacted_.pdf- ./_OFFICIAL_SENSITIVE__Hacker_Benjamin_SOS_decision__Redacted_.pdf-Mr Hacker admitted that he obtained the social media details and telephone number of ./_OFFICIAL_SENSITIVE__Hacker_Benjamin_SOS_decision__Redacted_.pdf:Person A as he was attracted to [redacted] and wished to pursue a personal and sexual ./_OFFICIAL_SENSITIVE__Hacker_Benjamin_SOS_decision__Redacted_.pdf-relationship with Person A. ./_OFFICIAL_SENSITIVE__Hacker_Benjamin_SOS_decision__Redacted_.pdf- ./_OFFICIAL_SENSITIVE__Hacker_Benjamin_SOS_decision__Redacted_.pdf-The panel also noted the statements from Person A and Person B, Person A’s friend, ./_OFFICIAL_SENSITIVE__Hacker_Benjamin_SOS_decision__Redacted_.pdf-within the bundle which also stated that Mr Hacker had requested Person A’s personal ./_OFFICIAL_SENSITIVE__Hacker_Benjamin_SOS_decision__Redacted_.pdf-snapchat details. ./_OFFICIAL_SENSITIVE__Hacker_Benjamin_SOS_decision__Redacted_.pdf- ./_OFFICIAL_SENSITIVE__Hacker_Benjamin_SOS_decision__Redacted_.pdf-The panel found allegation 1 proven. ./_OFFICIAL_SENSITIVE__Hacker_Benjamin_SOS_decision__Redacted_.pdf- ./_OFFICIAL_SENSITIVE__Hacker_Benjamin_SOS_decision__Redacted_.pdf- 2. You exchanged messages via mobile phone and/or social media with Person ./_OFFICIAL_SENSITIVE__Hacker_Benjamin_SOS_decision__Redacted_.pdf- A in which you: -- ./_OFFICIAL_SENSITIVE__Hacker_Benjamin_SOS_decision__Redacted_.pdf: b) suggested that you wanted to engage in sexual activity with Person A; ./_OFFICIAL_SENSITIVE__Hacker_Benjamin_SOS_decision__Redacted_.pdf- ./_OFFICIAL_SENSITIVE__Hacker_Benjamin_SOS_decision__Redacted_.pdf- c) arranged to meet Person A outside of working at Kings Foundation ./_OFFICIAL_SENSITIVE__Hacker_Benjamin_SOS_decision__Redacted_.pdf- and/or drive [redacted] to or from work at Kings Foundation; ./_OFFICIAL_SENSITIVE__Hacker_Benjamin_SOS_decision__Redacted_.pdf- ./_OFFICIAL_SENSITIVE__Hacker_Benjamin_SOS_decision__Redacted_.pdf- d) sent a photo of a nude male to Person A. ./_OFFICIAL_SENSITIVE__Hacker_Benjamin_SOS_decision__Redacted_.pdf- ./_OFFICIAL_SENSITIVE__Hacker_Benjamin_SOS_decision__Redacted_.pdf-Mr Hacker admitted that he communicated with Person A using his personal mobile ./_OFFICIAL_SENSITIVE__Hacker_Benjamin_SOS_decision__Redacted_.pdf-phone, which was prohibited by the Kings Foundation. ./_OFFICIAL_SENSITIVE__Hacker_Benjamin_SOS_decision__Redacted_.pdf- ./_OFFICIAL_SENSITIVE__Hacker_Benjamin_SOS_decision__Redacted_.pdf-Mr Hacker was aware of the Kings Foundation guidance in respect of social media and ./_OFFICIAL_SENSITIVE__Hacker_Benjamin_SOS_decision__Redacted_.pdf-personal telephone contact with attendees of the programme. Mr Hacker accepted that ./_OFFICIAL_SENSITIVE__Hacker_Benjamin_SOS_decision__Redacted_.pdf-he should not have obtained the social media details of Person A, and that he was ./_OFFICIAL_SENSITIVE__Hacker_Benjamin_SOS_decision__Redacted_.pdf-prohibited from communicating with Person A in a personal manner. ./_OFFICIAL_SENSITIVE__Hacker_Benjamin_SOS_decision__Redacted_.pdf- ./_OFFICIAL_SENSITIVE__Hacker_Benjamin_SOS_decision__Redacted_.pdf-Mr Hacker further admitted that the nature of the communication with Person A was of a ./_OFFICIAL_SENSITIVE__Hacker_Benjamin_SOS_decision__Redacted_.pdf-personal and, at times, flirtatious nature. Mr Hacker accepted that during this ./_OFFICIAL_SENSITIVE__Hacker_Benjamin_SOS_decision__Redacted_.pdf-communication with Person A, he had made comments to Person A in respect of ./_OFFICIAL_SENSITIVE__Hacker_Benjamin_SOS_decision__Redacted_.pdf-[redacted] physical appearance. Mr Hacker admitted that during one particular message, ./_OFFICIAL_SENSITIVE__Hacker_Benjamin_SOS_decision__Redacted_.pdf:he informed Person A that he wished to engage in sexual activity [redacted]. ./_OFFICIAL_SENSITIVE__Hacker_Benjamin_SOS_decision__Redacted_.pdf- ./_OFFICIAL_SENSITIVE__Hacker_Benjamin_SOS_decision__Redacted_.pdf-The panel noted that although Mr Hacker did not drive Person A to the Kings Foundation, ./_OFFICIAL_SENSITIVE__Hacker_Benjamin_SOS_decision__Redacted_.pdf-he had, when asking for Person A’s snapchat details, offered to give Person A lifts in his ./_OFFICIAL_SENSITIVE__Hacker_Benjamin_SOS_decision__Redacted_.pdf-personal vehicle to and/or from the Kings Foundation activity programme being held at ./_OFFICIAL_SENSITIVE__Hacker_Benjamin_SOS_decision__Redacted_.pdf-Brune Park Community School. Further, the panel noted that Mr Hacker had given ./_OFFICIAL_SENSITIVE__Hacker_Benjamin_SOS_decision__Redacted_.pdf-Person D, a student from a previous camp, a lift in his car. There was also evidence to ./_OFFICIAL_SENSITIVE__Hacker_Benjamin_SOS_decision__Redacted_.pdf-suggest that Mr Hacker and Person A had met before the start of the day’s programme. ./_OFFICIAL_SENSITIVE__Hacker_Benjamin_SOS_decision__Redacted_.pdf- ./_OFFICIAL_SENSITIVE__Hacker_Benjamin_SOS_decision__Redacted_.pdf-Mr Hacker further accepted that he sent a picture of a nude male to Person A. ./_OFFICIAL_SENSITIVE__Hacker_Benjamin_SOS_decision__Redacted_.pdf- -- ./_OFFICIAL_SENSITIVE__Hacker_Benjamin_SOS_decision__Redacted_.pdf- 4. You engaged in any or all of the conduct at paragraph 3 above when Person ./_OFFICIAL_SENSITIVE__Hacker_Benjamin_SOS_decision__Redacted_.pdf- A did not consent to any or all of the conduct alleged; ./_OFFICIAL_SENSITIVE__Hacker_Benjamin_SOS_decision__Redacted_.pdf- ./_OFFICIAL_SENSITIVE__Hacker_Benjamin_SOS_decision__Redacted_.pdf-Mr Hacker admitted that he did not ask Person A for [redacted] permission to kiss ./_OFFICIAL_SENSITIVE__Hacker_Benjamin_SOS_decision__Redacted_.pdf-[redacted] before doing so. Mr Hacker further admitted that he did not ask Person A for ./_OFFICIAL_SENSITIVE__Hacker_Benjamin_SOS_decision__Redacted_.pdf-[redacted] permission to place his hands down [redacted] shorts, or prior to digitally ./_OFFICIAL_SENSITIVE__Hacker_Benjamin_SOS_decision__Redacted_.pdf-penetrating Person A. ./_OFFICIAL_SENSITIVE__Hacker_Benjamin_SOS_decision__Redacted_.pdf- ./_OFFICIAL_SENSITIVE__Hacker_Benjamin_SOS_decision__Redacted_.pdf-Mr Hacker accepted that he was in a position of authority in respect of Person A and was ./_OFFICIAL_SENSITIVE__Hacker_Benjamin_SOS_decision__Redacted_.pdf-aware that Person A [redacted]. Mr Hacker accepted that he should not have engaged in ./_OFFICIAL_SENSITIVE__Hacker_Benjamin_SOS_decision__Redacted_.pdf:a personal and sexual relationship with Person A as [redacted] was a child. ./_OFFICIAL_SENSITIVE__Hacker_Benjamin_SOS_decision__Redacted_.pdf- ./_OFFICIAL_SENSITIVE__Hacker_Benjamin_SOS_decision__Redacted_.pdf-The panel noted that there is a difference between consent and going along with ./_OFFICIAL_SENSITIVE__Hacker_Benjamin_SOS_decision__Redacted_.pdf-something due to an individual’s inexperience. The panel also considered the evidence in ./_OFFICIAL_SENSITIVE__Hacker_Benjamin_SOS_decision__Redacted_.pdf-the bundle and noted that there was no evidence to confirm that Person A had consented ./_OFFICIAL_SENSITIVE__Hacker_Benjamin_SOS_decision__Redacted_.pdf-to the conduct at paragraph 3 above. It appears in fact that [redacted] was troubled by ./_OFFICIAL_SENSITIVE__Hacker_Benjamin_SOS_decision__Redacted_.pdf-what had happened and liaised both with [redacted] parents and [redacted] friend for ./_OFFICIAL_SENSITIVE__Hacker_Benjamin_SOS_decision__Redacted_.pdf-advice. ./_OFFICIAL_SENSITIVE__Hacker_Benjamin_SOS_decision__Redacted_.pdf- ./_OFFICIAL_SENSITIVE__Hacker_Benjamin_SOS_decision__Redacted_.pdf-The panel considered on the balance of probabilities that Person A did not consent to ./_OFFICIAL_SENSITIVE__Hacker_Benjamin_SOS_decision__Redacted_.pdf-any or all of the conduct alleged at paragraph 3. ./_OFFICIAL_SENSITIVE__Hacker_Benjamin_SOS_decision__Redacted_.pdf- ./_OFFICIAL_SENSITIVE__Hacker_Benjamin_SOS_decision__Redacted_.pdf-Therefore, the panel found allegation 4 proven. ./_OFFICIAL_SENSITIVE__Hacker_Benjamin_SOS_decision__Redacted_.pdf- ./_OFFICIAL_SENSITIVE__Hacker_Benjamin_SOS_decision__Redacted_.pdf: 5. You conduct as set out in paragraph 1 and/or 2 and/or 3 was sexually ./_OFFICIAL_SENSITIVE__Hacker_Benjamin_SOS_decision__Redacted_.pdf- motivated. ./_OFFICIAL_SENSITIVE__Hacker_Benjamin_SOS_decision__Redacted_.pdf- ./_OFFICIAL_SENSITIVE__Hacker_Benjamin_SOS_decision__Redacted_.pdf-Mr Hacker accepted that the actions of kissing Person A and placing his hands in ./_OFFICIAL_SENSITIVE__Hacker_Benjamin_SOS_decision__Redacted_.pdf:[redacted] shorts to digitally penetrate Person A’s [redacted] were sexually motivated. ./_OFFICIAL_SENSITIVE__Hacker_Benjamin_SOS_decision__Redacted_.pdf- ./_OFFICIAL_SENSITIVE__Hacker_Benjamin_SOS_decision__Redacted_.pdf:The panel noted that Mr Hacker admitted that he was physically and sexually attracted to ./_OFFICIAL_SENSITIVE__Hacker_Benjamin_SOS_decision__Redacted_.pdf-Person A. Mr Hacker also admitted that he obtained Person A’s social media details and ./_OFFICIAL_SENSITIVE__Hacker_Benjamin_SOS_decision__Redacted_.pdf-telephone number as he wished to pursue a personal relationship with Person A in the ./_OFFICIAL_SENSITIVE__Hacker_Benjamin_SOS_decision__Redacted_.pdf:hope that it would lead to a personal and sexual relationship. Mr Hacker accepted that he ./_OFFICIAL_SENSITIVE__Hacker_Benjamin_SOS_decision__Redacted_.pdf- ./_OFFICIAL_SENSITIVE__Hacker_Benjamin_SOS_decision__Redacted_.pdf- ./_OFFICIAL_SENSITIVE__Hacker_Benjamin_SOS_decision__Redacted_.pdf- 9 ./_OFFICIAL_SENSITIVE__Hacker_Benjamin_SOS_decision__Redacted_.pdf- -- ./_OFFICIAL_SENSITIVE__Hacker_Benjamin_SOS_decision__Redacted_.pdf:received sexual gratification from his communication and physical interactions with ./_OFFICIAL_SENSITIVE__Hacker_Benjamin_SOS_decision__Redacted_.pdf:Person A. Accordingly, Mr Hacker admitted that his conduct was sexually motivated. ./_OFFICIAL_SENSITIVE__Hacker_Benjamin_SOS_decision__Redacted_.pdf- ./_OFFICIAL_SENSITIVE__Hacker_Benjamin_SOS_decision__Redacted_.pdf-The panel found allegation 5 proven. ./_OFFICIAL_SENSITIVE__Hacker_Benjamin_SOS_decision__Redacted_.pdf- ./_OFFICIAL_SENSITIVE__Hacker_Benjamin_SOS_decision__Redacted_.pdf-Findings as to unacceptable professional conduct and/or conduct that ./_OFFICIAL_SENSITIVE__Hacker_Benjamin_SOS_decision__Redacted_.pdf-may bring the profession into disrepute ./_OFFICIAL_SENSITIVE__Hacker_Benjamin_SOS_decision__Redacted_.pdf- ./_OFFICIAL_SENSITIVE__Hacker_Benjamin_SOS_decision__Redacted_.pdf-Having found the allegations proved, the panel went on to consider whether the facts of ./_OFFICIAL_SENSITIVE__Hacker_Benjamin_SOS_decision__Redacted_.pdf-those proved allegations amounted to unacceptable professional conduct and/or conduct ./_OFFICIAL_SENSITIVE__Hacker_Benjamin_SOS_decision__Redacted_.pdf-that may bring the profession into disrepute. ./_OFFICIAL_SENSITIVE__Hacker_Benjamin_SOS_decision__Redacted_.pdf- -- ./_OFFICIAL_SENSITIVE__Hacker_Benjamin_SOS_decision__Redacted_.pdf- • Teachers must have proper and professional regard for the ethos, policies and ./_OFFICIAL_SENSITIVE__Hacker_Benjamin_SOS_decision__Redacted_.pdf- practices of the school in which they teach, and maintain high standards in their ./_OFFICIAL_SENSITIVE__Hacker_Benjamin_SOS_decision__Redacted_.pdf- own attendance and punctuality. ./_OFFICIAL_SENSITIVE__Hacker_Benjamin_SOS_decision__Redacted_.pdf- ./_OFFICIAL_SENSITIVE__Hacker_Benjamin_SOS_decision__Redacted_.pdf- • Teachers must have an understanding of, and always act within, the statutory ./_OFFICIAL_SENSITIVE__Hacker_Benjamin_SOS_decision__Redacted_.pdf- frameworks which set out their professional duties and responsibilities. ./_OFFICIAL_SENSITIVE__Hacker_Benjamin_SOS_decision__Redacted_.pdf- ./_OFFICIAL_SENSITIVE__Hacker_Benjamin_SOS_decision__Redacted_.pdf-The panel also considered whether Mr Hacker’s conduct displayed behaviours ./_OFFICIAL_SENSITIVE__Hacker_Benjamin_SOS_decision__Redacted_.pdf-associated with any of the offences listed on pages 12 and 13 of the Advice. ./_OFFICIAL_SENSITIVE__Hacker_Benjamin_SOS_decision__Redacted_.pdf- ./_OFFICIAL_SENSITIVE__Hacker_Benjamin_SOS_decision__Redacted_.pdf:The panel found that the offence of sexual activity and sexual communication with a child ./_OFFICIAL_SENSITIVE__Hacker_Benjamin_SOS_decision__Redacted_.pdf-were relevant. The Advice indicates that where behaviours associated with such an ./_OFFICIAL_SENSITIVE__Hacker_Benjamin_SOS_decision__Redacted_.pdf-offence exist, a panel is more likely to conclude that an individual’s conduct would ./_OFFICIAL_SENSITIVE__Hacker_Benjamin_SOS_decision__Redacted_.pdf-amount to unacceptable professional conduct. ./_OFFICIAL_SENSITIVE__Hacker_Benjamin_SOS_decision__Redacted_.pdf- ./_OFFICIAL_SENSITIVE__Hacker_Benjamin_SOS_decision__Redacted_.pdf- ./_OFFICIAL_SENSITIVE__Hacker_Benjamin_SOS_decision__Redacted_.pdf- ./_OFFICIAL_SENSITIVE__Hacker_Benjamin_SOS_decision__Redacted_.pdf- 10 ./_OFFICIAL_SENSITIVE__Hacker_Benjamin_SOS_decision__Redacted_.pdf- -- ./_OFFICIAL_SENSITIVE__Hacker_Benjamin_SOS_decision__Redacted_.pdf-proportionate measure, and whether it would be in the public interest to do so. The panel ./_OFFICIAL_SENSITIVE__Hacker_Benjamin_SOS_decision__Redacted_.pdf-were aware that prohibition orders should not be given in order to be punitive, or to show ./_OFFICIAL_SENSITIVE__Hacker_Benjamin_SOS_decision__Redacted_.pdf-that blame has been apportioned, although they are likely to have punitive effect. ./_OFFICIAL_SENSITIVE__Hacker_Benjamin_SOS_decision__Redacted_.pdf- ./_OFFICIAL_SENSITIVE__Hacker_Benjamin_SOS_decision__Redacted_.pdf-The panel had regard to the particular public interest considerations set out in the Advice ./_OFFICIAL_SENSITIVE__Hacker_Benjamin_SOS_decision__Redacted_.pdf-and, having done so, found a number of them to be relevant in this case, namely: the ./_OFFICIAL_SENSITIVE__Hacker_Benjamin_SOS_decision__Redacted_.pdf-safeguarding and wellbeing of pupils and the protection of other members of the public; ./_OFFICIAL_SENSITIVE__Hacker_Benjamin_SOS_decision__Redacted_.pdf-the maintenance of public confidence in the profession; and declaring and upholding ./_OFFICIAL_SENSITIVE__Hacker_Benjamin_SOS_decision__Redacted_.pdf-proper standards of conduct. ./_OFFICIAL_SENSITIVE__Hacker_Benjamin_SOS_decision__Redacted_.pdf- ./_OFFICIAL_SENSITIVE__Hacker_Benjamin_SOS_decision__Redacted_.pdf:In the light of the panel’s findings against Mr Hacker, which involved engaging in sexual ./_OFFICIAL_SENSITIVE__Hacker_Benjamin_SOS_decision__Redacted_.pdf-activity with Person A, who [redacted] and under his supervision, there was a strong ./_OFFICIAL_SENSITIVE__Hacker_Benjamin_SOS_decision__Redacted_.pdf-public interest consideration in respect of the protection of pupils given the serious ./_OFFICIAL_SENSITIVE__Hacker_Benjamin_SOS_decision__Redacted_.pdf-findings of an inappropriate relationship with a child. ./_OFFICIAL_SENSITIVE__Hacker_Benjamin_SOS_decision__Redacted_.pdf- ./_OFFICIAL_SENSITIVE__Hacker_Benjamin_SOS_decision__Redacted_.pdf-The panel considered there could be a risk of Mr Hacker repeating this type of behaviour. ./_OFFICIAL_SENSITIVE__Hacker_Benjamin_SOS_decision__Redacted_.pdf-The panel noted that there was evidence that he had been seeking employment with ./_OFFICIAL_SENSITIVE__Hacker_Benjamin_SOS_decision__Redacted_.pdf-other camps after the incidents had been raised with Kings Foundation and the School ./_OFFICIAL_SENSITIVE__Hacker_Benjamin_SOS_decision__Redacted_.pdf-and were being investigated. ./_OFFICIAL_SENSITIVE__Hacker_Benjamin_SOS_decision__Redacted_.pdf- ./_OFFICIAL_SENSITIVE__Hacker_Benjamin_SOS_decision__Redacted_.pdf- -- ./_OFFICIAL_SENSITIVE__Hacker_Benjamin_SOS_decision__Redacted_.pdf- ./_OFFICIAL_SENSITIVE__Hacker_Benjamin_SOS_decision__Redacted_.pdf- • serious departure from the personal and professional conduct elements of the ./_OFFICIAL_SENSITIVE__Hacker_Benjamin_SOS_decision__Redacted_.pdf- Teachers’ Standards; ./_OFFICIAL_SENSITIVE__Hacker_Benjamin_SOS_decision__Redacted_.pdf- ./_OFFICIAL_SENSITIVE__Hacker_Benjamin_SOS_decision__Redacted_.pdf- • misconduct seriously affecting the education and/or well-being of pupils, and ./_OFFICIAL_SENSITIVE__Hacker_Benjamin_SOS_decision__Redacted_.pdf- particularly where there is a continuing risk; ./_OFFICIAL_SENSITIVE__Hacker_Benjamin_SOS_decision__Redacted_.pdf- ./_OFFICIAL_SENSITIVE__Hacker_Benjamin_SOS_decision__Redacted_.pdf- • abuse of position or trust (particularly involving pupils); ./_OFFICIAL_SENSITIVE__Hacker_Benjamin_SOS_decision__Redacted_.pdf- ./_OFFICIAL_SENSITIVE__Hacker_Benjamin_SOS_decision__Redacted_.pdf- • any abuse of any trust, knowledge or influence gained through their professional ./_OFFICIAL_SENSITIVE__Hacker_Benjamin_SOS_decision__Redacted_.pdf: position in order to advance a romantic or sexual relationship with a pupil or former ./_OFFICIAL_SENSITIVE__Hacker_Benjamin_SOS_decision__Redacted_.pdf- pupil; ./_OFFICIAL_SENSITIVE__Hacker_Benjamin_SOS_decision__Redacted_.pdf- ./_OFFICIAL_SENSITIVE__Hacker_Benjamin_SOS_decision__Redacted_.pdf: • sexual misconduct, for example, involving actions that were sexually motivated or ./_OFFICIAL_SENSITIVE__Hacker_Benjamin_SOS_decision__Redacted_.pdf: of a sexual nature and/or that use or exploit the trust, knowledge or influence ./_OFFICIAL_SENSITIVE__Hacker_Benjamin_SOS_decision__Redacted_.pdf- derived from the individual’s professional position; ./_OFFICIAL_SENSITIVE__Hacker_Benjamin_SOS_decision__Redacted_.pdf- ./_OFFICIAL_SENSITIVE__Hacker_Benjamin_SOS_decision__Redacted_.pdf- • failure in their duty of care towards a child, including exposing a child to risk or ./_OFFICIAL_SENSITIVE__Hacker_Benjamin_SOS_decision__Redacted_.pdf- failing to promote the safety and welfare of the children (as set out in Part 1 of ./_OFFICIAL_SENSITIVE__Hacker_Benjamin_SOS_decision__Redacted_.pdf- KCSIE); and ./_OFFICIAL_SENSITIVE__Hacker_Benjamin_SOS_decision__Redacted_.pdf- ./_OFFICIAL_SENSITIVE__Hacker_Benjamin_SOS_decision__Redacted_.pdf- • violation of the rights of pupils. ./_OFFICIAL_SENSITIVE__Hacker_Benjamin_SOS_decision__Redacted_.pdf- ./_OFFICIAL_SENSITIVE__Hacker_Benjamin_SOS_decision__Redacted_.pdf-Even though some of the behaviour found proved in this case indicated that a prohibition ./_OFFICIAL_SENSITIVE__Hacker_Benjamin_SOS_decision__Redacted_.pdf-order would be appropriate, the panel went on to consider the mitigating factors. -- ./_OFFICIAL_SENSITIVE__Hacker_Benjamin_SOS_decision__Redacted_.pdf-The Advice indicates that there are behaviours that would have greater relevance and ./_OFFICIAL_SENSITIVE__Hacker_Benjamin_SOS_decision__Redacted_.pdf-weigh in favour of a longer review period. The panel found that none of these applied in ./_OFFICIAL_SENSITIVE__Hacker_Benjamin_SOS_decision__Redacted_.pdf-this case. ./_OFFICIAL_SENSITIVE__Hacker_Benjamin_SOS_decision__Redacted_.pdf- ./_OFFICIAL_SENSITIVE__Hacker_Benjamin_SOS_decision__Redacted_.pdf-The Advice also indicates that there are behaviours that, if proved, would militate against ./_OFFICIAL_SENSITIVE__Hacker_Benjamin_SOS_decision__Redacted_.pdf:the recommendation of a review period. These behaviours include serious sexual ./_OFFICIAL_SENSITIVE__Hacker_Benjamin_SOS_decision__Redacted_.pdf:misconduct, such as where the act was sexually motivated and resulted in, or had the ./_OFFICIAL_SENSITIVE__Hacker_Benjamin_SOS_decision__Redacted_.pdf-potential to result in, harm to a person or persons, particularly where the individual has ./_OFFICIAL_SENSITIVE__Hacker_Benjamin_SOS_decision__Redacted_.pdf:used his professional position to influence or exploit a person or persons and any sexual ./_OFFICIAL_SENSITIVE__Hacker_Benjamin_SOS_decision__Redacted_.pdf-misconduct involving a child. The panel found that Mr Hacker was responsible for ./_OFFICIAL_SENSITIVE__Hacker_Benjamin_SOS_decision__Redacted_.pdf:engaging in sexual activity with Person A who at the time [redacted] and under his ./_OFFICIAL_SENSITIVE__Hacker_Benjamin_SOS_decision__Redacted_.pdf-supervision. ./_OFFICIAL_SENSITIVE__Hacker_Benjamin_SOS_decision__Redacted_.pdf- ./_OFFICIAL_SENSITIVE__Hacker_Benjamin_SOS_decision__Redacted_.pdf-The panel noted the seriousness of the allegations and considered that there was ./_OFFICIAL_SENSITIVE__Hacker_Benjamin_SOS_decision__Redacted_.pdf-sufficient evidence in the bundle to suggest a risk of future repetition of such behaviour ./_OFFICIAL_SENSITIVE__Hacker_Benjamin_SOS_decision__Redacted_.pdf-particularly given Mr Hacker’s lack of insight. ./_OFFICIAL_SENSITIVE__Hacker_Benjamin_SOS_decision__Redacted_.pdf- ./_OFFICIAL_SENSITIVE__Hacker_Benjamin_SOS_decision__Redacted_.pdf-The panel decided that the findings indicated a situation in which a review period would ./_OFFICIAL_SENSITIVE__Hacker_Benjamin_SOS_decision__Redacted_.pdf-not be appropriate and, as such, decided that it would be proportionate in all the ./_OFFICIAL_SENSITIVE__Hacker_Benjamin_SOS_decision__Redacted_.pdf-circumstances for the prohibition order to be recommended without provisions for a ./_OFFICIAL_SENSITIVE__Hacker_Benjamin_SOS_decision__Redacted_.pdf-review period. -- ./_OFFICIAL_SENSITIVE__Hacker_Benjamin_SOS_decision__Redacted_.pdf- • Teachers must have proper and professional regard for the ethos, policies and ./_OFFICIAL_SENSITIVE__Hacker_Benjamin_SOS_decision__Redacted_.pdf- practices of the school in which they teach, and maintain high standards in their ./_OFFICIAL_SENSITIVE__Hacker_Benjamin_SOS_decision__Redacted_.pdf- own attendance and punctuality. ./_OFFICIAL_SENSITIVE__Hacker_Benjamin_SOS_decision__Redacted_.pdf- ./_OFFICIAL_SENSITIVE__Hacker_Benjamin_SOS_decision__Redacted_.pdf- • Teachers must have an understanding of, and always act within, the statutory ./_OFFICIAL_SENSITIVE__Hacker_Benjamin_SOS_decision__Redacted_.pdf- frameworks which set out their professional duties and responsibilities. ./_OFFICIAL_SENSITIVE__Hacker_Benjamin_SOS_decision__Redacted_.pdf- ./_OFFICIAL_SENSITIVE__Hacker_Benjamin_SOS_decision__Redacted_.pdf-The panel finds that the conduct of Mr Hacker fell significantly short of the standards ./_OFFICIAL_SENSITIVE__Hacker_Benjamin_SOS_decision__Redacted_.pdf-expected of the profession. ./_OFFICIAL_SENSITIVE__Hacker_Benjamin_SOS_decision__Redacted_.pdf- ./_OFFICIAL_SENSITIVE__Hacker_Benjamin_SOS_decision__Redacted_.pdf:The findings of misconduct are particularly serious as they include, “engaging in sexual ./_OFFICIAL_SENSITIVE__Hacker_Benjamin_SOS_decision__Redacted_.pdf-activity with Person A, who [redacted] and under his supervision.” ./_OFFICIAL_SENSITIVE__Hacker_Benjamin_SOS_decision__Redacted_.pdf- ./_OFFICIAL_SENSITIVE__Hacker_Benjamin_SOS_decision__Redacted_.pdf-I have to determine whether the imposition of a prohibition order is proportionate and in ./_OFFICIAL_SENSITIVE__Hacker_Benjamin_SOS_decision__Redacted_.pdf-the public interest. In considering that for this case, I have considered the overall aim of a ./_OFFICIAL_SENSITIVE__Hacker_Benjamin_SOS_decision__Redacted_.pdf-prohibition order which is to protect pupils and to maintain public confidence in the ./_OFFICIAL_SENSITIVE__Hacker_Benjamin_SOS_decision__Redacted_.pdf-profession. I have considered the extent to which a prohibition order in this case would ./_OFFICIAL_SENSITIVE__Hacker_Benjamin_SOS_decision__Redacted_.pdf-achieve that aim taking into account the impact that it will have on the individual teacher. ./_OFFICIAL_SENSITIVE__Hacker_Benjamin_SOS_decision__Redacted_.pdf-I have also asked myself, whether a less intrusive measure, such as the published ./_OFFICIAL_SENSITIVE__Hacker_Benjamin_SOS_decision__Redacted_.pdf-finding of unacceptable professional conduct and conduct that may bring the profession ./_OFFICIAL_SENSITIVE__Hacker_Benjamin_SOS_decision__Redacted_.pdf-into disrepute, would itself be sufficient to achieve the overall aim. I have to consider -- ./_OFFICIAL_SENSITIVE__Hacker_Benjamin_SOS_decision__Redacted_.pdf-I have gone on to consider the extent to which a prohibition order would maintain public ./_OFFICIAL_SENSITIVE__Hacker_Benjamin_SOS_decision__Redacted_.pdf-confidence in the profession. The panel observe, “In the light of the panel’s findings ./_OFFICIAL_SENSITIVE__Hacker_Benjamin_SOS_decision__Redacted_.pdf:against Mr Hacker, which involved engaging in sexual activity with Person A, [redacted] ./_OFFICIAL_SENSITIVE__Hacker_Benjamin_SOS_decision__Redacted_.pdf-and under his supervision, there was a strong public interest consideration in respect of ./_OFFICIAL_SENSITIVE__Hacker_Benjamin_SOS_decision__Redacted_.pdf-the protection of pupils given the serious findings of an inappropriate relationship with a ./_OFFICIAL_SENSITIVE__Hacker_Benjamin_SOS_decision__Redacted_.pdf-child.” The panel also considered, “that public confidence in the profession could be ./_OFFICIAL_SENSITIVE__Hacker_Benjamin_SOS_decision__Redacted_.pdf-seriously weakened if conduct such as that found against Mr Hacker was not treated with ./_OFFICIAL_SENSITIVE__Hacker_Benjamin_SOS_decision__Redacted_.pdf-the utmost seriousness when regulating the conduct of the profession.” I am particularly ./_OFFICIAL_SENSITIVE__Hacker_Benjamin_SOS_decision__Redacted_.pdf:mindful of the sexual nature of the findings in this case and the impact that such findings ./_OFFICIAL_SENSITIVE__Hacker_Benjamin_SOS_decision__Redacted_.pdf-have on the reputation of the profession. ./_OFFICIAL_SENSITIVE__Hacker_Benjamin_SOS_decision__Redacted_.pdf- ./_OFFICIAL_SENSITIVE__Hacker_Benjamin_SOS_decision__Redacted_.pdf-I have had to consider that the public has a high expectation of professional standards of ./_OFFICIAL_SENSITIVE__Hacker_Benjamin_SOS_decision__Redacted_.pdf-all teachers and that the public might regard a failure to impose a prohibition order as a ./_OFFICIAL_SENSITIVE__Hacker_Benjamin_SOS_decision__Redacted_.pdf-failure to uphold those high standards. In weighing these considerations, I have had to ./_OFFICIAL_SENSITIVE__Hacker_Benjamin_SOS_decision__Redacted_.pdf-consider the matter from the point of view of an “ordinary intelligent and well-informed ./_OFFICIAL_SENSITIVE__Hacker_Benjamin_SOS_decision__Redacted_.pdf-citizen.” ./_OFFICIAL_SENSITIVE__Hacker_Benjamin_SOS_decision__Redacted_.pdf- ./_OFFICIAL_SENSITIVE__Hacker_Benjamin_SOS_decision__Redacted_.pdf-I have considered whether the publication of a finding of unacceptable professional ./_OFFICIAL_SENSITIVE__Hacker_Benjamin_SOS_decision__Redacted_.pdf-conduct, in the absence of a prohibition order, can itself be regarded by such a person as ./_OFFICIAL_SENSITIVE__Hague__Michael_-_SOS_Decision_for_WEB.pdf-and/or conduct that may bring the profession into disrepute in that whilst employed as a ./_OFFICIAL_SENSITIVE__Hague__Michael_-_SOS_Decision_for_WEB.pdf-teacher at Hill House School, he: ./_OFFICIAL_SENSITIVE__Hague__Michael_-_SOS_Decision_for_WEB.pdf- ./_OFFICIAL_SENSITIVE__Hague__Michael_-_SOS_Decision_for_WEB.pdf- 1. Displayed inappropriate behaviour towards Pupil A, in that he, on one or more ./_OFFICIAL_SENSITIVE__Hague__Michael_-_SOS_Decision_for_WEB.pdf- occasions: ./_OFFICIAL_SENSITIVE__Hague__Michael_-_SOS_Decision_for_WEB.pdf- ./_OFFICIAL_SENSITIVE__Hague__Michael_-_SOS_Decision_for_WEB.pdf- a. cuddled/hugged Pupil A; ./_OFFICIAL_SENSITIVE__Hague__Michael_-_SOS_Decision_for_WEB.pdf- ./_OFFICIAL_SENSITIVE__Hague__Michael_-_SOS_Decision_for_WEB.pdf- b. kissed Pupil A on the forehead; ./_OFFICIAL_SENSITIVE__Hague__Michael_-_SOS_Decision_for_WEB.pdf- ./_OFFICIAL_SENSITIVE__Hague__Michael_-_SOS_Decision_for_WEB.pdf: c. made comments of a sexual nature to Pupil A; ./_OFFICIAL_SENSITIVE__Hague__Michael_-_SOS_Decision_for_WEB.pdf- ./_OFFICIAL_SENSITIVE__Hague__Michael_-_SOS_Decision_for_WEB.pdf- d. made inappropriate physical contact with Pupil A, including by touching ./_OFFICIAL_SENSITIVE__Hague__Michael_-_SOS_Decision_for_WEB.pdf- and/or slapping her on the bottom; ./_OFFICIAL_SENSITIVE__Hague__Michael_-_SOS_Decision_for_WEB.pdf- ./_OFFICIAL_SENSITIVE__Hague__Michael_-_SOS_Decision_for_WEB.pdf- e. contacted Pupil A via your personal phone. ./_OFFICIAL_SENSITIVE__Hague__Michael_-_SOS_Decision_for_WEB.pdf- ./_OFFICIAL_SENSITIVE__Hague__Michael_-_SOS_Decision_for_WEB.pdf: 2. His conduct as may be found proven at 1 above was conduct of a sexual nature ./_OFFICIAL_SENSITIVE__Hague__Michael_-_SOS_Decision_for_WEB.pdf: and/or was sexually motivated. ./_OFFICIAL_SENSITIVE__Hague__Michael_-_SOS_Decision_for_WEB.pdf- ./_OFFICIAL_SENSITIVE__Hague__Michael_-_SOS_Decision_for_WEB.pdf-In Mr Hague's response dated 25 October 2018 to the Notice of Proceedings and in the ./_OFFICIAL_SENSITIVE__Hague__Michael_-_SOS_Decision_for_WEB.pdf-Statement of Agreed Facts, he admitted allegations 1a, 1b and 1e and denied 1c, 1d and ./_OFFICIAL_SENSITIVE__Hague__Michael_-_SOS_Decision_for_WEB.pdf-2. He further denied that those allegations that he admitted amounted to unacceptable ./_OFFICIAL_SENSITIVE__Hague__Michael_-_SOS_Decision_for_WEB.pdf-professional conduct and/or conduct that may bring the profession into disrepute. ./_OFFICIAL_SENSITIVE__Hague__Michael_-_SOS_Decision_for_WEB.pdf- ./_OFFICIAL_SENSITIVE__Hague__Michael_-_SOS_Decision_for_WEB.pdf- ./_OFFICIAL_SENSITIVE__Hague__Michael_-_SOS_Decision_for_WEB.pdf-C. Preliminary applications ./_OFFICIAL_SENSITIVE__Hague__Michael_-_SOS_Decision_for_WEB.pdf-The panel considered an application by the presenting officer for the hearing to proceed in ./_OFFICIAL_SENSITIVE__Hague__Michael_-_SOS_Decision_for_WEB.pdf-the absence of Mr Hague. -- ./_OFFICIAL_SENSITIVE__Hague__Michael_-_SOS_Decision_for_WEB.pdf-on her welfare as he understood she had some personal difficulties. He also accepted that ./_OFFICIAL_SENSITIVE__Hague__Michael_-_SOS_Decision_for_WEB.pdf-he had a work phone from the School, in order to conduct School administration, but only ./_OFFICIAL_SENSITIVE__Hague__Michael_-_SOS_Decision_for_WEB.pdf-used this during weekday School hours and never at weekends. He stated that Pupil A had ./_OFFICIAL_SENSITIVE__Hague__Michael_-_SOS_Decision_for_WEB.pdf-wanted his personal phone number to contact him outside of these times. ./_OFFICIAL_SENSITIVE__Hague__Michael_-_SOS_Decision_for_WEB.pdf- ./_OFFICIAL_SENSITIVE__Hague__Michael_-_SOS_Decision_for_WEB.pdf-For all of the reasons given, and the Statement of Agreed Facts, the panel finds this ./_OFFICIAL_SENSITIVE__Hague__Michael_-_SOS_Decision_for_WEB.pdf-allegation proved. ./_OFFICIAL_SENSITIVE__Hague__Michael_-_SOS_Decision_for_WEB.pdf- ./_OFFICIAL_SENSITIVE__Hague__Michael_-_SOS_Decision_for_WEB.pdf-The panel finds the following allegations against you not proved. ./_OFFICIAL_SENSITIVE__Hague__Michael_-_SOS_Decision_for_WEB.pdf- ./_OFFICIAL_SENSITIVE__Hague__Michael_-_SOS_Decision_for_WEB.pdf: c. made comments of a sexual nature to Pupil A ./_OFFICIAL_SENSITIVE__Hague__Michael_-_SOS_Decision_for_WEB.pdf- ./_OFFICIAL_SENSITIVE__Hague__Michael_-_SOS_Decision_for_WEB.pdf-The panel heard live evidence on this matter from Pupil A, who explained that there were ./_OFFICIAL_SENSITIVE__Hague__Michael_-_SOS_Decision_for_WEB.pdf:three occasions when Mr Hague had made comments she perceived to be of a sexual ./_OFFICIAL_SENSITIVE__Hague__Michael_-_SOS_Decision_for_WEB.pdf-nature. The first occasion was when she had randomly seen Mr Hague in the School ./_OFFICIAL_SENSITIVE__Hague__Michael_-_SOS_Decision_for_WEB.pdf-corridor and asked him what he was doing, to which he replied 'you in a minute hopefully'. ./_OFFICIAL_SENSITIVE__Hague__Michael_-_SOS_Decision_for_WEB.pdf- ./_OFFICIAL_SENSITIVE__Hague__Michael_-_SOS_Decision_for_WEB.pdf-Pupil A also explained that on an occasion when she had given Mr Hague a lift in her car, ./_OFFICIAL_SENSITIVE__Hague__Michael_-_SOS_Decision_for_WEB.pdf-he had said to her that he was planning on kissing her to see if she 'pied him', which she ./_OFFICIAL_SENSITIVE__Hague__Michael_-_SOS_Decision_for_WEB.pdf-explained to the panel meant to reject any attempted kiss. On the final occasion, Mr Hague ./_OFFICIAL_SENSITIVE__Hague__Michael_-_SOS_Decision_for_WEB.pdf-had offered to take her to tea if she was able to hit a ball into a bucket during a tennis ./_OFFICIAL_SENSITIVE__Hague__Michael_-_SOS_Decision_for_WEB.pdf-lesson. ./_OFFICIAL_SENSITIVE__Hague__Michael_-_SOS_Decision_for_WEB.pdf- ./_OFFICIAL_SENSITIVE__Hague__Michael_-_SOS_Decision_for_WEB.pdf-Pupil A was directed to the transcript of her interview with police and questioned whether -- ./_OFFICIAL_SENSITIVE__Hague__Michael_-_SOS_Decision_for_WEB.pdf-However, the panel also determined that comments can be misheard and determined that ./_OFFICIAL_SENSITIVE__Hague__Michael_-_SOS_Decision_for_WEB.pdf-Pupil A being unable to recall an important allegation from her police interview was a ./_OFFICIAL_SENSITIVE__Hague__Michael_-_SOS_Decision_for_WEB.pdf-substantial inconsistency. ./_OFFICIAL_SENSITIVE__Hague__Michael_-_SOS_Decision_for_WEB.pdf- ./_OFFICIAL_SENSITIVE__Hague__Michael_-_SOS_Decision_for_WEB.pdf-The panel did not determine that a teacher asking a pupil to go out for tea, whilst probably ./_OFFICIAL_SENSITIVE__Hague__Michael_-_SOS_Decision_for_WEB.pdf:inappropriate, was a comment of a sexual nature. ./_OFFICIAL_SENSITIVE__Hague__Michael_-_SOS_Decision_for_WEB.pdf- ./_OFFICIAL_SENSITIVE__Hague__Michael_-_SOS_Decision_for_WEB.pdf-In respect of the other two comments, whilst the panel found Pupil A to be a credible ./_OFFICIAL_SENSITIVE__Hague__Michael_-_SOS_Decision_for_WEB.pdf-witness, there were some inconsistencies in her accounts regarding time-frames and there ./_OFFICIAL_SENSITIVE__Hague__Michael_-_SOS_Decision_for_WEB.pdf-was a possibility of comments being misheard. As a result, on the basis of Pupil A's ./_OFFICIAL_SENSITIVE__Hague__Michael_-_SOS_Decision_for_WEB.pdf-evidence alone, the panel did not determine that the Agency had discharged its evidential ./_OFFICIAL_SENSITIVE__Hague__Michael_-_SOS_Decision_for_WEB.pdf-burden and does not find the allegation proved. ./_OFFICIAL_SENSITIVE__Hague__Michael_-_SOS_Decision_for_WEB.pdf- ./_OFFICIAL_SENSITIVE__Hague__Michael_-_SOS_Decision_for_WEB.pdf: 2. Your conduct as may be found proven at 1 above was conduct of a sexual ./_OFFICIAL_SENSITIVE__Hague__Michael_-_SOS_Decision_for_WEB.pdf: nature and/or was sexually motivated. ./_OFFICIAL_SENSITIVE__Hague__Michael_-_SOS_Decision_for_WEB.pdf- ./_OFFICIAL_SENSITIVE__Hague__Michael_-_SOS_Decision_for_WEB.pdf-The panel considered this allegation only in respect of those allegations found proved in ./_OFFICIAL_SENSITIVE__Hague__Michael_-_SOS_Decision_for_WEB.pdf-allegation 1. ./_OFFICIAL_SENSITIVE__Hague__Michael_-_SOS_Decision_for_WEB.pdf- ./_OFFICIAL_SENSITIVE__Hague__Michael_-_SOS_Decision_for_WEB.pdf-Whilst this allegation related to Mr Hague's conduct and his motivation, the panel did note ./_OFFICIAL_SENSITIVE__Hague__Michael_-_SOS_Decision_for_WEB.pdf-that Pupil A did not feel that his conduct was, at the time, anything to be particularly ./_OFFICIAL_SENSITIVE__Hague__Michael_-_SOS_Decision_for_WEB.pdf-concerned about and it was generally no different to how he was with any other pupil. ./_OFFICIAL_SENSITIVE__Hague__Michael_-_SOS_Decision_for_WEB.pdf- ./_OFFICIAL_SENSITIVE__Hague__Michael_-_SOS_Decision_for_WEB.pdf:The panel noted that Mr Hague had specifically denied any of his conduct was sexually ./_OFFICIAL_SENSITIVE__Hague__Michael_-_SOS_Decision_for_WEB.pdf-motivated but rather it was carried out for the benefit of her welfare and was a sign of ./_OFFICIAL_SENSITIVE__Hague__Michael_-_SOS_Decision_for_WEB.pdf-affection rather than anything nefarious. There was no evidence before the panel that Mr ./_OFFICIAL_SENSITIVE__Hague__Michael_-_SOS_Decision_for_WEB.pdf:Hague derived any sort of sexual gratification from his actions. ./_OFFICIAL_SENSITIVE__Hague__Michael_-_SOS_Decision_for_WEB.pdf- ./_OFFICIAL_SENSITIVE__Hague__Michael_-_SOS_Decision_for_WEB.pdf:In the panel's view, there is nothing of an inherently sexual nature for those allegations ./_OFFICIAL_SENSITIVE__Hague__Michael_-_SOS_Decision_for_WEB.pdf:found proven in 1. In respect of sexual motivation for allegations 1a, 1b and 1e, whilst there ./_OFFICIAL_SENSITIVE__Hague__Michael_-_SOS_Decision_for_WEB.pdf-is no doubt that Mr Hague's actions found proven are inappropriate, the panel cannot ./_OFFICIAL_SENSITIVE__Hague__Michael_-_SOS_Decision_for_WEB.pdf-discount that these took place because of some misplaced display of concern for Pupil A's ./_OFFICIAL_SENSITIVE__Hague__Michael_-_SOS_Decision_for_WEB.pdf-welfare. ./_OFFICIAL_SENSITIVE__Hague__Michael_-_SOS_Decision_for_WEB.pdf- ./_OFFICIAL_SENSITIVE__Hague__Michael_-_SOS_Decision_for_WEB.pdf-In respect of allegation 1d, the touching was clearly inappropriate. However, the touching ./_OFFICIAL_SENSITIVE__Hague__Michael_-_SOS_Decision_for_WEB.pdf-was fleeting and minimal and as such the panel was not sufficiently certain that it was ./_OFFICIAL_SENSITIVE__Hague__Michael_-_SOS_Decision_for_WEB.pdf:sexually motivated. ./_OFFICIAL_SENSITIVE__Hague__Michael_-_SOS_Decision_for_WEB.pdf- ./_OFFICIAL_SENSITIVE__Hague__Michael_-_SOS_Decision_for_WEB.pdf-On this basis, the panel does not find this allegation proved. ./_OFFICIAL_SENSITIVE__Hague__Michael_-_SOS_Decision_for_WEB.pdf- ./_OFFICIAL_SENSITIVE__Hague__Michael_-_SOS_Decision_for_WEB.pdf-Findings as to unacceptable professional conduct and/or conduct that ./_OFFICIAL_SENSITIVE__Hague__Michael_-_SOS_Decision_for_WEB.pdf-may bring the profession into disrepute ./_OFFICIAL_SENSITIVE__Hague__Michael_-_SOS_Decision_for_WEB.pdf-Having found a number of the allegations to have been proven, the panel has gone on to ./_OFFICIAL_SENSITIVE__Hague__Michael_-_SOS_Decision_for_WEB.pdf-consider whether the facts of those proven allegations amount to unacceptable ./_OFFICIAL_SENSITIVE__Hague__Michael_-_SOS_Decision_for_WEB.pdf-professional conduct and/or conduct that may bring the profession into disrepute. ./_OFFICIAL_SENSITIVE__Hague__Michael_-_SOS_Decision_for_WEB.pdf- ./_OFFICIAL_SENSITIVE__Hague__Michael_-_SOS_Decision_for_WEB.pdf- ./_OFFICIAL_SENSITIVE__Hall_Michela_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Hall_Michela_SoS_decision_redacted.pdf-The findings of fact are as follows: ./_OFFICIAL_SENSITIVE__Hall_Michela_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Hall_Michela_SoS_decision_redacted.pdf-The panel found the following particulars of the allegation(s) against you proved, for ./_OFFICIAL_SENSITIVE__Hall_Michela_SoS_decision_redacted.pdf-these reasons: ./_OFFICIAL_SENSITIVE__Hall_Michela_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Hall_Michela_SoS_decision_redacted.pdf-The panel heard oral evidence from Witness A and Witness B. The panel found their ./_OFFICIAL_SENSITIVE__Hall_Michela_SoS_decision_redacted.pdf-evidence clear, consistent and credible. ./_OFFICIAL_SENSITIVE__Hall_Michela_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Hall_Michela_SoS_decision_redacted.pdf-The panel took into account that the School formed part of Lincoln House, which was a ./_OFFICIAL_SENSITIVE__Hall_Michela_SoS_decision_redacted.pdf:care home for children who had been victims and perpetrators of sexual offences. The ./_OFFICIAL_SENSITIVE__Hall_Michela_SoS_decision_redacted.pdf-two witnesses called by the TRA provided further information regarding the layout of the ./_OFFICIAL_SENSITIVE__Hall_Michela_SoS_decision_redacted.pdf-premises. In particular, Witness A explained that the School was on the same grounds as ./_OFFICIAL_SENSITIVE__Hall_Michela_SoS_decision_redacted.pdf-the home, and it took no more than 10 seconds to walk between the two. During her oral ./_OFFICIAL_SENSITIVE__Hall_Michela_SoS_decision_redacted.pdf-evidence, Witness B stated that she could hear when the pupils were "kicking off" when ./_OFFICIAL_SENSITIVE__Hall_Michela_SoS_decision_redacted.pdf-in the School building. The panel found that the alleged conduct occurred both in the ./_OFFICIAL_SENSITIVE__Hall_Michela_SoS_decision_redacted.pdf-School building, just outside of the School building and in the home, which the panel ./_OFFICIAL_SENSITIVE__Hall_Michela_SoS_decision_redacted.pdf-accepted was on the same premises as the School. On balance, the panel was satisfied ./_OFFICIAL_SENSITIVE__Hall_Michela_SoS_decision_redacted.pdf-that the alleged conduct took place on School premises. ./_OFFICIAL_SENSITIVE__Hall_Michela_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Hall_Michela_SoS_decision_redacted.pdf-The panel noted that during the School's investigation, Ms Hall did not deny her conduct, ./_OFFICIAL_SENSITIVE__Hickling_Tyler_SoS_decision_REDACTED.pdf- relationship with Pupil B, including by; ./_OFFICIAL_SENSITIVE__Hickling_Tyler_SoS_decision_REDACTED.pdf- a. communicating with Pupil B on their personal mobile phone; ./_OFFICIAL_SENSITIVE__Hickling_Tyler_SoS_decision_REDACTED.pdf- b. communicating with Pupil B on social media platforms; ./_OFFICIAL_SENSITIVE__Hickling_Tyler_SoS_decision_REDACTED.pdf- c. exchanging inappropriate photographs with Pupil B; ./_OFFICIAL_SENSITIVE__Hickling_Tyler_SoS_decision_REDACTED.pdf- d. touching Pupil B’s legs; ./_OFFICIAL_SENSITIVE__Hickling_Tyler_SoS_decision_REDACTED.pdf- e. hugging Pupil B; ./_OFFICIAL_SENSITIVE__Hickling_Tyler_SoS_decision_REDACTED.pdf- f. making physical contact with Pupil B’s back; ./_OFFICIAL_SENSITIVE__Hickling_Tyler_SoS_decision_REDACTED.pdf- g. making one or more inappropriate comments, by stating to Pupil B words to ./_OFFICIAL_SENSITIVE__Hickling_Tyler_SoS_decision_REDACTED.pdf- the effect of; ./_OFFICIAL_SENSITIVE__Hickling_Tyler_SoS_decision_REDACTED.pdf- i. he would prefer Pupil B to wear a skirt; ./_OFFICIAL_SENSITIVE__Hickling_Tyler_SoS_decision_REDACTED.pdf: ii. he didn’t plan to do anything sexual until Pupil B was older. ./_OFFICIAL_SENSITIVE__Hickling_Tyler_SoS_decision_REDACTED.pdf- 2. His behaviour as may be found proven at 1 above; ./_OFFICIAL_SENSITIVE__Hickling_Tyler_SoS_decision_REDACTED.pdf: a. was conduct of a sexual nature and/or sexually motivated; ./_OFFICIAL_SENSITIVE__Hickling_Tyler_SoS_decision_REDACTED.pdf- b. demonstrated a lack of insight into the concerns which had been raised ./_OFFICIAL_SENSITIVE__Hickling_Tyler_SoS_decision_REDACTED.pdf- when he was undertaking work experience at the Ripley Academy in 2013, ./_OFFICIAL_SENSITIVE__Hickling_Tyler_SoS_decision_REDACTED.pdf- specifically relating to his contact with pupils and/or use of social media. ./_OFFICIAL_SENSITIVE__Hickling_Tyler_SoS_decision_REDACTED.pdf- 3. He sought to conceal his communication with Pupil B, including by; ./_OFFICIAL_SENSITIVE__Hickling_Tyler_SoS_decision_REDACTED.pdf- a. deleting the messages he had exchanged with Pupil B on his mobile phone; ./_OFFICIAL_SENSITIVE__Hickling_Tyler_SoS_decision_REDACTED.pdf- b. asking Pupil B to delete the messages they had exchanged; ./_OFFICIAL_SENSITIVE__Hickling_Tyler_SoS_decision_REDACTED.pdf- c. deleting messages from Pupil B’s mobile phone. ./_OFFICIAL_SENSITIVE__Hickling_Tyler_SoS_decision_REDACTED.pdf- 4. His conduct as may be found proven at 3 above lacked integrity and/or was ./_OFFICIAL_SENSITIVE__Hickling_Tyler_SoS_decision_REDACTED.pdf- dishonest. ./_OFFICIAL_SENSITIVE__Hickling_Tyler_SoS_decision_REDACTED.pdf- 5. On or around 31 July 2019, he was convicted at Nottingham Crown Court for the ./_OFFICIAL_SENSITIVE__Hickling_Tyler_SoS_decision_REDACTED.pdf: offence of adult meet a girl under 16 years of age following grooming, for which he ./_OFFICIAL_SENSITIVE__Hickling_Tyler_SoS_decision_REDACTED.pdf- was sentenced at Lincoln Crown Court on 3 September 2019 to 9 months ./_OFFICIAL_SENSITIVE__Hickling_Tyler_SoS_decision_REDACTED.pdf- imprisonment (suspended for 12 months), required to undertake a rehabilitation ./_OFFICIAL_SENSITIVE__Hickling_Tyler_SoS_decision_REDACTED.pdf- activity requirement of 10 days, ordered to undertake 150 hours of unpaid word ./_OFFICIAL_SENSITIVE__Hickling_Tyler_SoS_decision_REDACTED.pdf- [sic] before 2 September 2020 and required to pay a victim surcharge of £140. ./_OFFICIAL_SENSITIVE__Hickling_Tyler_SoS_decision_REDACTED.pdf- ./_OFFICIAL_SENSITIVE__Hickling_Tyler_SoS_decision_REDACTED.pdf- ./_OFFICIAL_SENSITIVE__Hickling_Tyler_SoS_decision_REDACTED.pdf- 4 ./_OFFICIAL_SENSITIVE__Hickling_Tyler_SoS_decision_REDACTED.pdf- -- ./_OFFICIAL_SENSITIVE__Hickling_Tyler_SoS_decision_REDACTED.pdf-The panel found the following particulars of the allegations against you proved, for these ./_OFFICIAL_SENSITIVE__Hickling_Tyler_SoS_decision_REDACTED.pdf-reasons: ./_OFFICIAL_SENSITIVE__Hickling_Tyler_SoS_decision_REDACTED.pdf- ./_OFFICIAL_SENSITIVE__Hickling_Tyler_SoS_decision_REDACTED.pdf- 1. You failed to maintain professional boundaries and/or engaged in an ./_OFFICIAL_SENSITIVE__Hickling_Tyler_SoS_decision_REDACTED.pdf- inappropriate relationship with Pupil B, specifically by; ./_OFFICIAL_SENSITIVE__Hickling_Tyler_SoS_decision_REDACTED.pdf- ./_OFFICIAL_SENSITIVE__Hickling_Tyler_SoS_decision_REDACTED.pdf- a. communicating with Pupil B on their personal mobile phone; ./_OFFICIAL_SENSITIVE__Hickling_Tyler_SoS_decision_REDACTED.pdf- ./_OFFICIAL_SENSITIVE__Hickling_Tyler_SoS_decision_REDACTED.pdf-The panel had sight of the sentencing remarks in the bundle, dated 3 September 2019, ./_OFFICIAL_SENSITIVE__Hickling_Tyler_SoS_decision_REDACTED.pdf-relating to Mr Hickling’s conviction of the offence of adult meet a girl under 16 years of ./_OFFICIAL_SENSITIVE__Hickling_Tyler_SoS_decision_REDACTED.pdf:age following grooming. ./_OFFICIAL_SENSITIVE__Hickling_Tyler_SoS_decision_REDACTED.pdf- ./_OFFICIAL_SENSITIVE__Hickling_Tyler_SoS_decision_REDACTED.pdf-Those sentencing remarks referred to communication between Mr Hickling and Pupil B. ./_OFFICIAL_SENSITIVE__Hickling_Tyler_SoS_decision_REDACTED.pdf- ./_OFFICIAL_SENSITIVE__Hickling_Tyler_SoS_decision_REDACTED.pdf-The panel heard from Witness B, who had spoken with Pupil B when the concerns came ./_OFFICIAL_SENSITIVE__Hickling_Tyler_SoS_decision_REDACTED.pdf-to light on 16 June 2017 and had sight of Pupil B’s unlocked mobile phone. Witness B ./_OFFICIAL_SENSITIVE__Hickling_Tyler_SoS_decision_REDACTED.pdf-stated in oral evidence that he had seen a chain of correspondence between Pupil B and ./_OFFICIAL_SENSITIVE__Hickling_Tyler_SoS_decision_REDACTED.pdf-Mr Hickling on her personal mobile phone. Witness B also stated that the personal ./_OFFICIAL_SENSITIVE__Hickling_Tyler_SoS_decision_REDACTED.pdf-mobile number of Mr Hickling matched that of a contact saved in Pupil B’s mobile phone ./_OFFICIAL_SENSITIVE__Hickling_Tyler_SoS_decision_REDACTED.pdf-and that there were a number of cancelled calls, both to and from this mobile number. ./_OFFICIAL_SENSITIVE__Hickling_Tyler_SoS_decision_REDACTED.pdf- -- ./_OFFICIAL_SENSITIVE__Hickling_Tyler_SoS_decision_REDACTED.pdf-The panel had sight of the sentencing remarks in the bundle, dated 3 September 2019, ./_OFFICIAL_SENSITIVE__Hickling_Tyler_SoS_decision_REDACTED.pdf-relating to Mr Hickling’s conviction of the offence of adult meet a girl under 16 years of ./_OFFICIAL_SENSITIVE__Hickling_Tyler_SoS_decision_REDACTED.pdf:age following grooming. ./_OFFICIAL_SENSITIVE__Hickling_Tyler_SoS_decision_REDACTED.pdf- ./_OFFICIAL_SENSITIVE__Hickling_Tyler_SoS_decision_REDACTED.pdf-Those sentencing remarks stated that Mr Hickling began communicating with Pupil B via ./_OFFICIAL_SENSITIVE__Hickling_Tyler_SoS_decision_REDACTED.pdf-social media. ./_OFFICIAL_SENSITIVE__Hickling_Tyler_SoS_decision_REDACTED.pdf- ./_OFFICIAL_SENSITIVE__Hickling_Tyler_SoS_decision_REDACTED.pdf-The panel heard from Witness B and Pupil C, as well as had sight of the transcript of ./_OFFICIAL_SENSITIVE__Hickling_Tyler_SoS_decision_REDACTED.pdf-Pupil B’s police interview, which stated that Mr Hickling and Pupil B communicated ./_OFFICIAL_SENSITIVE__Hickling_Tyler_SoS_decision_REDACTED.pdf-through Instagram. ./_OFFICIAL_SENSITIVE__Hickling_Tyler_SoS_decision_REDACTED.pdf- ./_OFFICIAL_SENSITIVE__Hickling_Tyler_SoS_decision_REDACTED.pdf-This allegation was also admitted by Mr Hickling in his unsigned response to the notice of ./_OFFICIAL_SENSITIVE__Hickling_Tyler_SoS_decision_REDACTED.pdf-referral. ./_OFFICIAL_SENSITIVE__Hickling_Tyler_SoS_decision_REDACTED.pdf- ./_OFFICIAL_SENSITIVE__Hickling_Tyler_SoS_decision_REDACTED.pdf-The allegation was therefore, found proved. ./_OFFICIAL_SENSITIVE__Hickling_Tyler_SoS_decision_REDACTED.pdf- ./_OFFICIAL_SENSITIVE__Hickling_Tyler_SoS_decision_REDACTED.pdf- c. exchanging inappropriate photographs with Pupil B; ./_OFFICIAL_SENSITIVE__Hickling_Tyler_SoS_decision_REDACTED.pdf- ./_OFFICIAL_SENSITIVE__Hickling_Tyler_SoS_decision_REDACTED.pdf-The panel had sight of the sentencing remarks in the bundle, dated 3 September 2019, ./_OFFICIAL_SENSITIVE__Hickling_Tyler_SoS_decision_REDACTED.pdf-relating to Mr Hickling’s conviction of the offence of adult meet a girl under 16 years of ./_OFFICIAL_SENSITIVE__Hickling_Tyler_SoS_decision_REDACTED.pdf:age following grooming. ./_OFFICIAL_SENSITIVE__Hickling_Tyler_SoS_decision_REDACTED.pdf- ./_OFFICIAL_SENSITIVE__Hickling_Tyler_SoS_decision_REDACTED.pdf-Those sentencing remarks stated that Mr Hickling had ‘sent more than one picture of ./_OFFICIAL_SENSITIVE__Hickling_Tyler_SoS_decision_REDACTED.pdf-yourself on your bed in boxer shorts’ and that Pupil B had sent him a picture of her in a ./_OFFICIAL_SENSITIVE__Hickling_Tyler_SoS_decision_REDACTED.pdf-revealing sports outfit. ./_OFFICIAL_SENSITIVE__Hickling_Tyler_SoS_decision_REDACTED.pdf- ./_OFFICIAL_SENSITIVE__Hickling_Tyler_SoS_decision_REDACTED.pdf-The panel heard from Witness B, who stated that he had seen photographs of a male ./_OFFICIAL_SENSITIVE__Hickling_Tyler_SoS_decision_REDACTED.pdf-from the neck down, dressed in boxer shorts, on Pupil B’s phone. The panel also heard ./_OFFICIAL_SENSITIVE__Hickling_Tyler_SoS_decision_REDACTED.pdf-from Pupil C, who stated that Pupil B had shown her a photograph of a male from the ./_OFFICIAL_SENSITIVE__Hickling_Tyler_SoS_decision_REDACTED.pdf-neck down, dressed in boxer shorts, which Pupil B had said was sent to her by Mr ./_OFFICIAL_SENSITIVE__Hickling_Tyler_SoS_decision_REDACTED.pdf-Hickling. -- ./_OFFICIAL_SENSITIVE__Hickling_Tyler_SoS_decision_REDACTED.pdf-In her interview with the police, Pupil B stated that Mr Hickling had said in messages that ./_OFFICIAL_SENSITIVE__Hickling_Tyler_SoS_decision_REDACTED.pdf-‘he would prefer if I was wearing a skirt’. The panel considered the record contained in ./_OFFICIAL_SENSITIVE__Hickling_Tyler_SoS_decision_REDACTED.pdf-the bundle to be a transcript of the interview with the police. Although the panel did not ./_OFFICIAL_SENSITIVE__Hickling_Tyler_SoS_decision_REDACTED.pdf-have the opportunity to test that evidence, it considered it likely that Pupil B would have ./_OFFICIAL_SENSITIVE__Hickling_Tyler_SoS_decision_REDACTED.pdf-recognised the seriousness of the circumstances in which she was making these ./_OFFICIAL_SENSITIVE__Hickling_Tyler_SoS_decision_REDACTED.pdf-statements. The panel did not consider there to be a reason for Pupil B fabricating such a ./_OFFICIAL_SENSITIVE__Hickling_Tyler_SoS_decision_REDACTED.pdf-statement. ./_OFFICIAL_SENSITIVE__Hickling_Tyler_SoS_decision_REDACTED.pdf- ./_OFFICIAL_SENSITIVE__Hickling_Tyler_SoS_decision_REDACTED.pdf-The allegation was therefore, found proved. ./_OFFICIAL_SENSITIVE__Hickling_Tyler_SoS_decision_REDACTED.pdf- ./_OFFICIAL_SENSITIVE__Hickling_Tyler_SoS_decision_REDACTED.pdf: ii. you didn’t plan to do anything sexual until Pupil B was older. ./_OFFICIAL_SENSITIVE__Hickling_Tyler_SoS_decision_REDACTED.pdf- ./_OFFICIAL_SENSITIVE__Hickling_Tyler_SoS_decision_REDACTED.pdf- ./_OFFICIAL_SENSITIVE__Hickling_Tyler_SoS_decision_REDACTED.pdf- 12 ./_OFFICIAL_SENSITIVE__Hickling_Tyler_SoS_decision_REDACTED.pdf- -- ./_OFFICIAL_SENSITIVE__Hickling_Tyler_SoS_decision_REDACTED.pdf-In her interview with the police, Pupil B stated that Mr Hickling had said in messages that ./_OFFICIAL_SENSITIVE__Hickling_Tyler_SoS_decision_REDACTED.pdf-‘he would resume it when I was older’ and later in her interview repeated that Mr Hickling ./_OFFICIAL_SENSITIVE__Hickling_Tyler_SoS_decision_REDACTED.pdf:had told her that ‘he wasn’t planning on doing anything sexual until I was older’. As above ./_OFFICIAL_SENSITIVE__Hickling_Tyler_SoS_decision_REDACTED.pdf-in allegation 1.g.i., the panel noted the context in which Pupil B had made such ./_OFFICIAL_SENSITIVE__Hickling_Tyler_SoS_decision_REDACTED.pdf-statements to the police. ./_OFFICIAL_SENSITIVE__Hickling_Tyler_SoS_decision_REDACTED.pdf- ./_OFFICIAL_SENSITIVE__Hickling_Tyler_SoS_decision_REDACTED.pdf-The allegation was therefore, found proved. ./_OFFICIAL_SENSITIVE__Hickling_Tyler_SoS_decision_REDACTED.pdf- ./_OFFICIAL_SENSITIVE__Hickling_Tyler_SoS_decision_REDACTED.pdf- 2. Your behaviour as may be found proven at 1 above; ./_OFFICIAL_SENSITIVE__Hickling_Tyler_SoS_decision_REDACTED.pdf- ./_OFFICIAL_SENSITIVE__Hickling_Tyler_SoS_decision_REDACTED.pdf: a. was conduct of a sexual nature and/or sexually motivated; ./_OFFICIAL_SENSITIVE__Hickling_Tyler_SoS_decision_REDACTED.pdf- ./_OFFICIAL_SENSITIVE__Hickling_Tyler_SoS_decision_REDACTED.pdf-The panel considered whether each of the conduct found proven at allegation 1 was ./_OFFICIAL_SENSITIVE__Hickling_Tyler_SoS_decision_REDACTED.pdf:conduct of a sexual nature and/or sexually motivated. ./_OFFICIAL_SENSITIVE__Hickling_Tyler_SoS_decision_REDACTED.pdf- ./_OFFICIAL_SENSITIVE__Hickling_Tyler_SoS_decision_REDACTED.pdf-The panel had sight of a certificate of conviction, dated 9 September 2019, which stated ./_OFFICIAL_SENSITIVE__Hickling_Tyler_SoS_decision_REDACTED.pdf-that on 31 July 2019 Mr Hickling was convicted for the offence of adult meet a girl under ./_OFFICIAL_SENSITIVE__Hickling_Tyler_SoS_decision_REDACTED.pdf-16 years of age following grooming. The panel noted that in the sentencing remarks, Mr ./_OFFICIAL_SENSITIVE__Hickling_Tyler_SoS_decision_REDACTED.pdf:Hickling’s conduct had been described as amounting to sexual communication with Pupil ./_OFFICIAL_SENSITIVE__Hickling_Tyler_SoS_decision_REDACTED.pdf-B. The panel considered that such conduct, the subject of a grooming offence, to be of a ./_OFFICIAL_SENSITIVE__Hickling_Tyler_SoS_decision_REDACTED.pdf:sexual nature and sexually motivated. ./_OFFICIAL_SENSITIVE__Hickling_Tyler_SoS_decision_REDACTED.pdf- ./_OFFICIAL_SENSITIVE__Hickling_Tyler_SoS_decision_REDACTED.pdf-The panel also considered that the purpose of Mr Hickling touching Pupil B’s leg, hugging ./_OFFICIAL_SENSITIVE__Hickling_Tyler_SoS_decision_REDACTED.pdf:Pupil B and touching Pupil B’s back, in the circumstances, was to be sexual. ./_OFFICIAL_SENSITIVE__Hickling_Tyler_SoS_decision_REDACTED.pdf- ./_OFFICIAL_SENSITIVE__Hickling_Tyler_SoS_decision_REDACTED.pdf-The allegation was therefore, found proved. ./_OFFICIAL_SENSITIVE__Hickling_Tyler_SoS_decision_REDACTED.pdf- ./_OFFICIAL_SENSITIVE__Hickling_Tyler_SoS_decision_REDACTED.pdf- b. demonstrated a lack of insight into the concerns which had been ./_OFFICIAL_SENSITIVE__Hickling_Tyler_SoS_decision_REDACTED.pdf- raised when you were undertaking work experience at the Ripley ./_OFFICIAL_SENSITIVE__Hickling_Tyler_SoS_decision_REDACTED.pdf- Academy in 2013, specifically relating to your contact with pupils ./_OFFICIAL_SENSITIVE__Hickling_Tyler_SoS_decision_REDACTED.pdf- and/or use of social media. ./_OFFICIAL_SENSITIVE__Hickling_Tyler_SoS_decision_REDACTED.pdf- ./_OFFICIAL_SENSITIVE__Hickling_Tyler_SoS_decision_REDACTED.pdf-The panel heard evidence from Witness A, who had arranged for Mr Hickling to attend ./_OFFICIAL_SENSITIVE__Hickling_Tyler_SoS_decision_REDACTED.pdf-work experience in the IT department of Ripley Academy in 2013, during Mr Hickling’s -- ./_OFFICIAL_SENSITIVE__Hickling_Tyler_SoS_decision_REDACTED.pdf- ./_OFFICIAL_SENSITIVE__Hickling_Tyler_SoS_decision_REDACTED.pdf- 3. You sought to conceal your communication with Pupil B, specifically by; ./_OFFICIAL_SENSITIVE__Hickling_Tyler_SoS_decision_REDACTED.pdf- ./_OFFICIAL_SENSITIVE__Hickling_Tyler_SoS_decision_REDACTED.pdf- a. deleting the messages you had exchanged with Pupil B on your ./_OFFICIAL_SENSITIVE__Hickling_Tyler_SoS_decision_REDACTED.pdf- mobile phone; ./_OFFICIAL_SENSITIVE__Hickling_Tyler_SoS_decision_REDACTED.pdf- ./_OFFICIAL_SENSITIVE__Hickling_Tyler_SoS_decision_REDACTED.pdf-Mr Hickling admitted this allegation in his response to the notice of referral. ./_OFFICIAL_SENSITIVE__Hickling_Tyler_SoS_decision_REDACTED.pdf- ./_OFFICIAL_SENSITIVE__Hickling_Tyler_SoS_decision_REDACTED.pdf-The panel had sight of the sentencing remarks in the bundle, dated 3 September 2019, ./_OFFICIAL_SENSITIVE__Hickling_Tyler_SoS_decision_REDACTED.pdf-relating to Mr Hickling’s conviction of the offence of adult meet a girl under 16 years of ./_OFFICIAL_SENSITIVE__Hickling_Tyler_SoS_decision_REDACTED.pdf:age following grooming. ./_OFFICIAL_SENSITIVE__Hickling_Tyler_SoS_decision_REDACTED.pdf- ./_OFFICIAL_SENSITIVE__Hickling_Tyler_SoS_decision_REDACTED.pdf-Those sentencing remarks stated that Mr Hickling had deleted messages from his own ./_OFFICIAL_SENSITIVE__Hickling_Tyler_SoS_decision_REDACTED.pdf-telephone. ./_OFFICIAL_SENSITIVE__Hickling_Tyler_SoS_decision_REDACTED.pdf- ./_OFFICIAL_SENSITIVE__Hickling_Tyler_SoS_decision_REDACTED.pdf-The allegation was therefore, found proved. ./_OFFICIAL_SENSITIVE__Hickling_Tyler_SoS_decision_REDACTED.pdf- ./_OFFICIAL_SENSITIVE__Hickling_Tyler_SoS_decision_REDACTED.pdf- b. asking Pupil B to delete the messages you had exchanged; ./_OFFICIAL_SENSITIVE__Hickling_Tyler_SoS_decision_REDACTED.pdf- ./_OFFICIAL_SENSITIVE__Hickling_Tyler_SoS_decision_REDACTED.pdf-Mr Hickling admitted this allegation in his response to the notice of referral. ./_OFFICIAL_SENSITIVE__Hickling_Tyler_SoS_decision_REDACTED.pdf- ./_OFFICIAL_SENSITIVE__Hickling_Tyler_SoS_decision_REDACTED.pdf-The panel had sight of the sentencing remarks in the bundle, dated 3 September 2019, ./_OFFICIAL_SENSITIVE__Hickling_Tyler_SoS_decision_REDACTED.pdf-relating to Mr Hickling’s conviction of the offence of adult meet a girl under 16 years of ./_OFFICIAL_SENSITIVE__Hickling_Tyler_SoS_decision_REDACTED.pdf:age following grooming. ./_OFFICIAL_SENSITIVE__Hickling_Tyler_SoS_decision_REDACTED.pdf- ./_OFFICIAL_SENSITIVE__Hickling_Tyler_SoS_decision_REDACTED.pdf-Those sentencing remarks stated that Mr Hickling had asked Pupil B to delete her ./_OFFICIAL_SENSITIVE__Hickling_Tyler_SoS_decision_REDACTED.pdf-messages. ./_OFFICIAL_SENSITIVE__Hickling_Tyler_SoS_decision_REDACTED.pdf- ./_OFFICIAL_SENSITIVE__Hickling_Tyler_SoS_decision_REDACTED.pdf-The allegation was therefore, found proved. ./_OFFICIAL_SENSITIVE__Hickling_Tyler_SoS_decision_REDACTED.pdf- ./_OFFICIAL_SENSITIVE__Hickling_Tyler_SoS_decision_REDACTED.pdf- c. deleting messages from Pupil B’s mobile phone. ./_OFFICIAL_SENSITIVE__Hickling_Tyler_SoS_decision_REDACTED.pdf- ./_OFFICIAL_SENSITIVE__Hickling_Tyler_SoS_decision_REDACTED.pdf-In her interview with the police, Pupil B stated that Mr Hickling had deleted messages ./_OFFICIAL_SENSITIVE__Hickling_Tyler_SoS_decision_REDACTED.pdf-from her phone. ./_OFFICIAL_SENSITIVE__Hickling_Tyler_SoS_decision_REDACTED.pdf- ./_OFFICIAL_SENSITIVE__Hickling_Tyler_SoS_decision_REDACTED.pdf-The panel had sight of the sentencing remarks in the bundle, dated 3 September 2019, ./_OFFICIAL_SENSITIVE__Hickling_Tyler_SoS_decision_REDACTED.pdf-relating to Mr Hickling’s conviction of the offence of adult meet a girl under 16 years of ./_OFFICIAL_SENSITIVE__Hickling_Tyler_SoS_decision_REDACTED.pdf:age following grooming. ./_OFFICIAL_SENSITIVE__Hickling_Tyler_SoS_decision_REDACTED.pdf- ./_OFFICIAL_SENSITIVE__Hickling_Tyler_SoS_decision_REDACTED.pdf-Those sentencing remarks stated that Mr Hickling had deleted messages from Pupil B’s ./_OFFICIAL_SENSITIVE__Hickling_Tyler_SoS_decision_REDACTED.pdf-phone on one occasion. ./_OFFICIAL_SENSITIVE__Hickling_Tyler_SoS_decision_REDACTED.pdf- ./_OFFICIAL_SENSITIVE__Hickling_Tyler_SoS_decision_REDACTED.pdf- ./_OFFICIAL_SENSITIVE__Hickling_Tyler_SoS_decision_REDACTED.pdf- 14 ./_OFFICIAL_SENSITIVE__Hickling_Tyler_SoS_decision_REDACTED.pdf- -- ./_OFFICIAL_SENSITIVE__Hickling_Tyler_SoS_decision_REDACTED.pdf-reasonable explanations for Mr Hickling’s actions, other than to cover up his wrongdoing. ./_OFFICIAL_SENSITIVE__Hickling_Tyler_SoS_decision_REDACTED.pdf-The panel considered that Mr Hickling had deliberately tried to destroy evidence of his ./_OFFICIAL_SENSITIVE__Hickling_Tyler_SoS_decision_REDACTED.pdf-wrongdoing. By the standards of the ordinary honest person, the panel considered such ./_OFFICIAL_SENSITIVE__Hickling_Tyler_SoS_decision_REDACTED.pdf-actions to be dishonest. ./_OFFICIAL_SENSITIVE__Hickling_Tyler_SoS_decision_REDACTED.pdf- ./_OFFICIAL_SENSITIVE__Hickling_Tyler_SoS_decision_REDACTED.pdf-The panel accepted the legal adviser’s advice that the concepts of dishonesty and want ./_OFFICIAL_SENSITIVE__Hickling_Tyler_SoS_decision_REDACTED.pdf-of integrity are separate and distinct. Integrity connotes adherence to the ethical ./_OFFICIAL_SENSITIVE__Hickling_Tyler_SoS_decision_REDACTED.pdf-standards of one’s own profession that involves mere honesty. The panel considered ./_OFFICIAL_SENSITIVE__Hickling_Tyler_SoS_decision_REDACTED.pdf-that, in asking Pupil B to delete messages and deleting messages himself, Mr Hickling ./_OFFICIAL_SENSITIVE__Hickling_Tyler_SoS_decision_REDACTED.pdf-had shown a lack of integrity. Mr Hickling knew that Pupil B had vulnerabilities, yet ./_OFFICIAL_SENSITIVE__Hickling_Tyler_SoS_decision_REDACTED.pdf:engaged in sexual communication with her and later deleted messages to hide his ./_OFFICIAL_SENSITIVE__Hickling_Tyler_SoS_decision_REDACTED.pdf-wrongdoing. ./_OFFICIAL_SENSITIVE__Hickling_Tyler_SoS_decision_REDACTED.pdf- ./_OFFICIAL_SENSITIVE__Hickling_Tyler_SoS_decision_REDACTED.pdf-The allegation was therefore, found proved. ./_OFFICIAL_SENSITIVE__Hickling_Tyler_SoS_decision_REDACTED.pdf- ./_OFFICIAL_SENSITIVE__Hickling_Tyler_SoS_decision_REDACTED.pdf- 5. On or around 31 July 2019, you were convicted at Nottingham Crown Court ./_OFFICIAL_SENSITIVE__Hickling_Tyler_SoS_decision_REDACTED.pdf: for the offence of adult meet a girl under 16 years of age following grooming, ./_OFFICIAL_SENSITIVE__Hickling_Tyler_SoS_decision_REDACTED.pdf- for which you were sentenced at Lincoln Crown Court on 3 September 2019 ./_OFFICIAL_SENSITIVE__Hickling_Tyler_SoS_decision_REDACTED.pdf- to 9 months imprisonment (suspended for 12 months), required to undertake ./_OFFICIAL_SENSITIVE__Hickling_Tyler_SoS_decision_REDACTED.pdf- a rehabilitation activity requirement of 10 days, ordered to undertake 150 ./_OFFICIAL_SENSITIVE__Hickling_Tyler_SoS_decision_REDACTED.pdf- hours of unpaid work before 2 September 2020 and required to pay a victim ./_OFFICIAL_SENSITIVE__Hickling_Tyler_SoS_decision_REDACTED.pdf- surcharge of £140. ./_OFFICIAL_SENSITIVE__Hickling_Tyler_SoS_decision_REDACTED.pdf- ./_OFFICIAL_SENSITIVE__Hickling_Tyler_SoS_decision_REDACTED.pdf-The panel had sight of a certificate of conviction, dated 9 September 2019, which stated ./_OFFICIAL_SENSITIVE__Hickling_Tyler_SoS_decision_REDACTED.pdf-that on 31 July 2019 Mr Hickling was convicted for the offence of adult meet a girl under ./_OFFICIAL_SENSITIVE__Hickling_Tyler_SoS_decision_REDACTED.pdf:16 years of age following grooming. ./_OFFICIAL_SENSITIVE__Hickling_Tyler_SoS_decision_REDACTED.pdf- ./_OFFICIAL_SENSITIVE__Hickling_Tyler_SoS_decision_REDACTED.pdf-The allegation was therefore, found proved. ./_OFFICIAL_SENSITIVE__Hickling_Tyler_SoS_decision_REDACTED.pdf- ./_OFFICIAL_SENSITIVE__Hickling_Tyler_SoS_decision_REDACTED.pdf-Findings as to unacceptable professional conduct and/or conduct that ./_OFFICIAL_SENSITIVE__Hickling_Tyler_SoS_decision_REDACTED.pdf-may bring the profession into disrepute ./_OFFICIAL_SENSITIVE__Hickling_Tyler_SoS_decision_REDACTED.pdf- ./_OFFICIAL_SENSITIVE__Hickling_Tyler_SoS_decision_REDACTED.pdf-Having found the allegations proved, the panel went on to consider whether the facts of ./_OFFICIAL_SENSITIVE__Hickling_Tyler_SoS_decision_REDACTED.pdf-those proved allegations amounted to unacceptable professional conduct and/or conduct ./_OFFICIAL_SENSITIVE__Hickling_Tyler_SoS_decision_REDACTED.pdf-that may bring the profession into disrepute. ./_OFFICIAL_SENSITIVE__Hickling_Tyler_SoS_decision_REDACTED.pdf- -- ./_OFFICIAL_SENSITIVE__Hickling_Tyler_SoS_decision_REDACTED.pdf- frameworks which set out their professional duties and responsibilities. ./_OFFICIAL_SENSITIVE__Hickling_Tyler_SoS_decision_REDACTED.pdf- ./_OFFICIAL_SENSITIVE__Hickling_Tyler_SoS_decision_REDACTED.pdf-The panel was satisfied that the conduct of Mr Hickling, in relation to the facts found ./_OFFICIAL_SENSITIVE__Hickling_Tyler_SoS_decision_REDACTED.pdf-proved, involved breaches of Keeping Children Safe In Education (“KCSIE”), in force at ./_OFFICIAL_SENSITIVE__Hickling_Tyler_SoS_decision_REDACTED.pdf-the time of Mr Hickling’s conduct. The panel considered that Mr Hickling was in breach of ./_OFFICIAL_SENSITIVE__Hickling_Tyler_SoS_decision_REDACTED.pdf-the following provisions: providing a safe environment for children to learn, following the ./_OFFICIAL_SENSITIVE__Hickling_Tyler_SoS_decision_REDACTED.pdf-safeguarding process in relation to concerns about a child’s welfare and adhering to the ./_OFFICIAL_SENSITIVE__Hickling_Tyler_SoS_decision_REDACTED.pdf-school’s policies in respect of safeguarding and staff conduct. ./_OFFICIAL_SENSITIVE__Hickling_Tyler_SoS_decision_REDACTED.pdf- ./_OFFICIAL_SENSITIVE__Hickling_Tyler_SoS_decision_REDACTED.pdf-The panel was satisfied that the conduct of Mr Hickling fell significantly short of the ./_OFFICIAL_SENSITIVE__Hickling_Tyler_SoS_decision_REDACTED.pdf:standard of behaviour expected of a teacher. Mr Hickling’s conduct had been sexually ./_OFFICIAL_SENSITIVE__Hickling_Tyler_SoS_decision_REDACTED.pdf-motivated and he had directly contravened the Teachers’ Standards and school policies. ./_OFFICIAL_SENSITIVE__Hickling_Tyler_SoS_decision_REDACTED.pdf-Although the panel considered that the previous incident in 2013, in and of itself, did not ./_OFFICIAL_SENSITIVE__Hickling_Tyler_SoS_decision_REDACTED.pdf-amount to unacceptable professional conduct as Mr Hickling had not yet started his ./_OFFICIAL_SENSITIVE__Hickling_Tyler_SoS_decision_REDACTED.pdf-teacher training, the panel considered the lack of insight, shown in again communicating ./_OFFICIAL_SENSITIVE__Hickling_Tyler_SoS_decision_REDACTED.pdf-with a pupil via social media despite the previous warning and further safeguarding ./_OFFICIAL_SENSITIVE__Hickling_Tyler_SoS_decision_REDACTED.pdf-training received, to fall below the standards expected of a teacher. ./_OFFICIAL_SENSITIVE__Hickling_Tyler_SoS_decision_REDACTED.pdf- ./_OFFICIAL_SENSITIVE__Hickling_Tyler_SoS_decision_REDACTED.pdf-The panel also considered whether Mr Hickling’s conduct displayed behaviours ./_OFFICIAL_SENSITIVE__Hickling_Tyler_SoS_decision_REDACTED.pdf-associated with any of the offences in the list that begins on page 12 of the Advice. ./_OFFICIAL_SENSITIVE__Hickling_Tyler_SoS_decision_REDACTED.pdf- ./_OFFICIAL_SENSITIVE__Hickling_Tyler_SoS_decision_REDACTED.pdf:The panel found that the offence of sexual communication with a child was relevant. The ./_OFFICIAL_SENSITIVE__Hickling_Tyler_SoS_decision_REDACTED.pdf-panel noted that Mr Hickling was convicted of the offence of adult meet a girl under 16 ./_OFFICIAL_SENSITIVE__Hickling_Tyler_SoS_decision_REDACTED.pdf:years of age following grooming, and was sentenced to 9 months imprisonment, ./_OFFICIAL_SENSITIVE__Hickling_Tyler_SoS_decision_REDACTED.pdf-suspended for 12 months. ./_OFFICIAL_SENSITIVE__Hickling_Tyler_SoS_decision_REDACTED.pdf- ./_OFFICIAL_SENSITIVE__Hickling_Tyler_SoS_decision_REDACTED.pdf- ./_OFFICIAL_SENSITIVE__Hickling_Tyler_SoS_decision_REDACTED.pdf- ./_OFFICIAL_SENSITIVE__Hickling_Tyler_SoS_decision_REDACTED.pdf- 16 ./_OFFICIAL_SENSITIVE__Hickling_Tyler_SoS_decision_REDACTED.pdf- -- ./_OFFICIAL_SENSITIVE__Hickling_Tyler_SoS_decision_REDACTED.pdf-The panel took into account the way the teaching profession is viewed by others, the ./_OFFICIAL_SENSITIVE__Hickling_Tyler_SoS_decision_REDACTED.pdf-responsibilities and duties of teachers in relation to the safeguarding and welfare of ./_OFFICIAL_SENSITIVE__Hickling_Tyler_SoS_decision_REDACTED.pdf-pupils and considered the influence that teachers may have on pupils, parents and others ./_OFFICIAL_SENSITIVE__Hickling_Tyler_SoS_decision_REDACTED.pdf-in the community. The panel also took account of the uniquely influential role that ./_OFFICIAL_SENSITIVE__Hickling_Tyler_SoS_decision_REDACTED.pdf-teachers can hold in pupils’ lives and the fact that pupils must be able to view teachers as ./_OFFICIAL_SENSITIVE__Hickling_Tyler_SoS_decision_REDACTED.pdf-role models in the way that they behave. ./_OFFICIAL_SENSITIVE__Hickling_Tyler_SoS_decision_REDACTED.pdf- ./_OFFICIAL_SENSITIVE__Hickling_Tyler_SoS_decision_REDACTED.pdf-The panel also considered whether Mr Hickling’s conduct displayed behaviours ./_OFFICIAL_SENSITIVE__Hickling_Tyler_SoS_decision_REDACTED.pdf-associated with any of the offences in the list that begins on page 12 of the Advice. ./_OFFICIAL_SENSITIVE__Hickling_Tyler_SoS_decision_REDACTED.pdf- ./_OFFICIAL_SENSITIVE__Hickling_Tyler_SoS_decision_REDACTED.pdf:The panel found that the offence of sexual communication with a child was relevant. ./_OFFICIAL_SENSITIVE__Hickling_Tyler_SoS_decision_REDACTED.pdf- ./_OFFICIAL_SENSITIVE__Hickling_Tyler_SoS_decision_REDACTED.pdf-The Advice indicates that where behaviours associated with such an offence exist, a ./_OFFICIAL_SENSITIVE__Hickling_Tyler_SoS_decision_REDACTED.pdf-panel is likely to conclude that an individual’s conduct would amount to conduct that may ./_OFFICIAL_SENSITIVE__Hickling_Tyler_SoS_decision_REDACTED.pdf-bring the profession into disrepute. ./_OFFICIAL_SENSITIVE__Hickling_Tyler_SoS_decision_REDACTED.pdf- ./_OFFICIAL_SENSITIVE__Hickling_Tyler_SoS_decision_REDACTED.pdf-The findings of misconduct are serious, and the conduct displayed would be likely to ./_OFFICIAL_SENSITIVE__Hickling_Tyler_SoS_decision_REDACTED.pdf-have a negative impact on the individual’s status as a teacher. ./_OFFICIAL_SENSITIVE__Hickling_Tyler_SoS_decision_REDACTED.pdf- ./_OFFICIAL_SENSITIVE__Hickling_Tyler_SoS_decision_REDACTED.pdf-The panel considered that Mr Hickling’s conduct could potentially damage the public’s ./_OFFICIAL_SENSITIVE__Hickling_Tyler_SoS_decision_REDACTED.pdf-perception of a teacher. -- ./_OFFICIAL_SENSITIVE__Hickling_Tyler_SoS_decision_REDACTED.pdf-punitive, or to show that blame has been apportioned, although they are likely to have ./_OFFICIAL_SENSITIVE__Hickling_Tyler_SoS_decision_REDACTED.pdf-punitive effect. ./_OFFICIAL_SENSITIVE__Hickling_Tyler_SoS_decision_REDACTED.pdf- ./_OFFICIAL_SENSITIVE__Hickling_Tyler_SoS_decision_REDACTED.pdf-The panel had regard to the particular public interest considerations set out in the Advice ./_OFFICIAL_SENSITIVE__Hickling_Tyler_SoS_decision_REDACTED.pdf-and, having done so, found a number of them to be relevant in this case, namely, the ./_OFFICIAL_SENSITIVE__Hickling_Tyler_SoS_decision_REDACTED.pdf-safeguarding and wellbeing of pupils, the maintenance of public confidence in the ./_OFFICIAL_SENSITIVE__Hickling_Tyler_SoS_decision_REDACTED.pdf-profession and declaring and upholding proper standards of conduct within the teaching ./_OFFICIAL_SENSITIVE__Hickling_Tyler_SoS_decision_REDACTED.pdf-profession. The panel also found the interest of retaining the teacher in the profession to ./_OFFICIAL_SENSITIVE__Hickling_Tyler_SoS_decision_REDACTED.pdf-be relevant. ./_OFFICIAL_SENSITIVE__Hickling_Tyler_SoS_decision_REDACTED.pdf- ./_OFFICIAL_SENSITIVE__Hickling_Tyler_SoS_decision_REDACTED.pdf:In the light of the panel’s findings against Mr Hickling, which involved conduct of a sexual ./_OFFICIAL_SENSITIVE__Hickling_Tyler_SoS_decision_REDACTED.pdf:nature and conduct that was sexually motivated, dishonesty and a lack of integrity in ./_OFFICIAL_SENSITIVE__Hickling_Tyler_SoS_decision_REDACTED.pdf-deleting messages between himself and Pupil B and being convicted of the offence of ./_OFFICIAL_SENSITIVE__Hickling_Tyler_SoS_decision_REDACTED.pdf:adult meet a girl under 16 years of age following grooming, there was a strong public ./_OFFICIAL_SENSITIVE__Hickling_Tyler_SoS_decision_REDACTED.pdf-interest consideration in respect of the safeguarding and wellbeing of pupils, given the ./_OFFICIAL_SENSITIVE__Hickling_Tyler_SoS_decision_REDACTED.pdf-serious findings of an inappropriate relationship with a child. However, the panel noted ./_OFFICIAL_SENSITIVE__Hickling_Tyler_SoS_decision_REDACTED.pdf-the comments in the sentencing remarks that Mr Hickling was of low likelihood to re- ./_OFFICIAL_SENSITIVE__Hickling_Tyler_SoS_decision_REDACTED.pdf-offend and as such placed less weight on this public interest consideration. ./_OFFICIAL_SENSITIVE__Hickling_Tyler_SoS_decision_REDACTED.pdf- ./_OFFICIAL_SENSITIVE__Hickling_Tyler_SoS_decision_REDACTED.pdf-Similarly, the panel considered that public confidence in the profession could be seriously ./_OFFICIAL_SENSITIVE__Hickling_Tyler_SoS_decision_REDACTED.pdf-weakened if conduct such as that found against Mr Hickling were not treated with the ./_OFFICIAL_SENSITIVE__Hickling_Tyler_SoS_decision_REDACTED.pdf-utmost seriousness when regulating the conduct of the profession. ./_OFFICIAL_SENSITIVE__Hickling_Tyler_SoS_decision_REDACTED.pdf- ./_OFFICIAL_SENSITIVE__Hickling_Tyler_SoS_decision_REDACTED.pdf-The panel was of the view that a strong public interest consideration in declaring proper -- ./_OFFICIAL_SENSITIVE__Hickling_Tyler_SoS_decision_REDACTED.pdf- the commission of a serious criminal offence, including those that resulted in a ./_OFFICIAL_SENSITIVE__Hickling_Tyler_SoS_decision_REDACTED.pdf- conviction or caution, paying particular attention to offences that are “relevant ./_OFFICIAL_SENSITIVE__Hickling_Tyler_SoS_decision_REDACTED.pdf- matters” for the purposes of the Police Act 1997 and criminal record disclosure; ./_OFFICIAL_SENSITIVE__Hickling_Tyler_SoS_decision_REDACTED.pdf- ./_OFFICIAL_SENSITIVE__Hickling_Tyler_SoS_decision_REDACTED.pdf- misconduct seriously affecting the education and/or safeguarding and well-being of ./_OFFICIAL_SENSITIVE__Hickling_Tyler_SoS_decision_REDACTED.pdf- pupils; ./_OFFICIAL_SENSITIVE__Hickling_Tyler_SoS_decision_REDACTED.pdf- ./_OFFICIAL_SENSITIVE__Hickling_Tyler_SoS_decision_REDACTED.pdf- abuse of position or trust (particularly involving vulnerable pupils) ./_OFFICIAL_SENSITIVE__Hickling_Tyler_SoS_decision_REDACTED.pdf- ./_OFFICIAL_SENSITIVE__Hickling_Tyler_SoS_decision_REDACTED.pdf- an abuse of any trust, knowledge, or influence gained through their professional ./_OFFICIAL_SENSITIVE__Hickling_Tyler_SoS_decision_REDACTED.pdf: position in order to advance a romantic or sexual relationship with a pupil or former ./_OFFICIAL_SENSITIVE__Hickling_Tyler_SoS_decision_REDACTED.pdf- pupil; ./_OFFICIAL_SENSITIVE__Hickling_Tyler_SoS_decision_REDACTED.pdf- ./_OFFICIAL_SENSITIVE__Hickling_Tyler_SoS_decision_REDACTED.pdf: sexual misconduct, for example, involving actions that were sexually motivated or of a ./_OFFICIAL_SENSITIVE__Hickling_Tyler_SoS_decision_REDACTED.pdf: sexual nature and/or that use or exploit the trust, knowledge or influence derived ./_OFFICIAL_SENSITIVE__Hickling_Tyler_SoS_decision_REDACTED.pdf- from the individual’s professional position; ./_OFFICIAL_SENSITIVE__Hickling_Tyler_SoS_decision_REDACTED.pdf- ./_OFFICIAL_SENSITIVE__Hickling_Tyler_SoS_decision_REDACTED.pdf- failure in their duty of care towards a child, including exposing a child to risk or failing ./_OFFICIAL_SENSITIVE__Hickling_Tyler_SoS_decision_REDACTED.pdf- to promote the safety and welfare of the children (as set out in Part 1 of KCSIE) ./_OFFICIAL_SENSITIVE__Hickling_Tyler_SoS_decision_REDACTED.pdf- ./_OFFICIAL_SENSITIVE__Hickling_Tyler_SoS_decision_REDACTED.pdf- dishonesty or a lack of integrity, including the deliberate concealment of their actions ./_OFFICIAL_SENSITIVE__Hickling_Tyler_SoS_decision_REDACTED.pdf- or purposeful destruction of evidence, especially where these behaviours have ./_OFFICIAL_SENSITIVE__Hickling_Tyler_SoS_decision_REDACTED.pdf- been repeated or had serious consequences, or involved the coercion of another ./_OFFICIAL_SENSITIVE__Hickling_Tyler_SoS_decision_REDACTED.pdf- person to act in a way contrary to their own interests; ./_OFFICIAL_SENSITIVE__Hickling_Tyler_SoS_decision_REDACTED.pdf- -- ./_OFFICIAL_SENSITIVE__Hickling_Tyler_SoS_decision_REDACTED.pdf-prohibition order should be imposed with immediate effect. ./_OFFICIAL_SENSITIVE__Hickling_Tyler_SoS_decision_REDACTED.pdf- ./_OFFICIAL_SENSITIVE__Hickling_Tyler_SoS_decision_REDACTED.pdf-The panel went on to consider whether or not it would be appropriate for it to decide to ./_OFFICIAL_SENSITIVE__Hickling_Tyler_SoS_decision_REDACTED.pdf-recommend a review period of the order. The panel was mindful that the Advice states ./_OFFICIAL_SENSITIVE__Hickling_Tyler_SoS_decision_REDACTED.pdf-that a prohibition order applies for life, but there may be circumstances, in any given ./_OFFICIAL_SENSITIVE__Hickling_Tyler_SoS_decision_REDACTED.pdf-case, that may make it appropriate to allow a teacher to apply to have the prohibition ./_OFFICIAL_SENSITIVE__Hickling_Tyler_SoS_decision_REDACTED.pdf-order reviewed after a specified period of time that may not be less than 2 years. ./_OFFICIAL_SENSITIVE__Hickling_Tyler_SoS_decision_REDACTED.pdf- ./_OFFICIAL_SENSITIVE__Hickling_Tyler_SoS_decision_REDACTED.pdf-The Advice indicates that there are cases involving certain conduct where it is likely that ./_OFFICIAL_SENSITIVE__Hickling_Tyler_SoS_decision_REDACTED.pdf-the public interest will have greater relevance and weigh in favour of not offering a review ./_OFFICIAL_SENSITIVE__Hickling_Tyler_SoS_decision_REDACTED.pdf:period. These cases include serious sexual misconduct, eg where the act was sexually ./_OFFICIAL_SENSITIVE__Hickling_Tyler_SoS_decision_REDACTED.pdf-motivated and resulted in, or had the potential to result in, harm to a person or persons, ./_OFFICIAL_SENSITIVE__Hickling_Tyler_SoS_decision_REDACTED.pdf-particularly where the individual has used his professional position to influence or exploit ./_OFFICIAL_SENSITIVE__Hickling_Tyler_SoS_decision_REDACTED.pdf:a person or persons and any sexual misconduct involving a child. The panel found that ./_OFFICIAL_SENSITIVE__Hickling_Tyler_SoS_decision_REDACTED.pdf:Mr Hickling was responsible for engaging in sexually motivated conduct with Pupil B and ./_OFFICIAL_SENSITIVE__Hickling_Tyler_SoS_decision_REDACTED.pdf:he had been convicted of an offence which involved sexual communication with a child. ./_OFFICIAL_SENSITIVE__Hickling_Tyler_SoS_decision_REDACTED.pdf- ./_OFFICIAL_SENSITIVE__Hickling_Tyler_SoS_decision_REDACTED.pdf-The Advice indicates that there are cases involving certain conduct where it is likely that ./_OFFICIAL_SENSITIVE__Hickling_Tyler_SoS_decision_REDACTED.pdf-the public interest will have greater relevance and weigh in favour of a longer period ./_OFFICIAL_SENSITIVE__Hickling_Tyler_SoS_decision_REDACTED.pdf-before a review is considered appropriate. The panel considered none of these to be ./_OFFICIAL_SENSITIVE__Hickling_Tyler_SoS_decision_REDACTED.pdf-relevant. ./_OFFICIAL_SENSITIVE__Hickling_Tyler_SoS_decision_REDACTED.pdf- ./_OFFICIAL_SENSITIVE__Hickling_Tyler_SoS_decision_REDACTED.pdf-The panel did not see any evidence that Mr Hickling had shown insight into his actions. ./_OFFICIAL_SENSITIVE__Hickling_Tyler_SoS_decision_REDACTED.pdf-However, the panel noted that it was stated in the sentencing remarks that the pre- ./_OFFICIAL_SENSITIVE__Hickling_Tyler_SoS_decision_REDACTED.pdf- ./_OFFICIAL_SENSITIVE__Hickling_Tyler_SoS_decision_REDACTED.pdf- 20 -- ./_OFFICIAL_SENSITIVE__Hickling_Tyler_SoS_decision_REDACTED.pdf-sentencing report concluded that Mr Hickling was at low risk of re-offending and that the ./_OFFICIAL_SENSITIVE__Hickling_Tyler_SoS_decision_REDACTED.pdf-judge did not think that Mr Hickling would ever re-offend. Despite the conduct occurring ./_OFFICIAL_SENSITIVE__Hickling_Tyler_SoS_decision_REDACTED.pdf-over a limited period of time and it being acknowledged in the sentencing remarks that ./_OFFICIAL_SENSITIVE__Hickling_Tyler_SoS_decision_REDACTED.pdf:overt sexual contact was not present in this case, the panel considered that the offence ./_OFFICIAL_SENSITIVE__Hickling_Tyler_SoS_decision_REDACTED.pdf-was of such a serious nature, that public confidence in the profession would be seriously ./_OFFICIAL_SENSITIVE__Hickling_Tyler_SoS_decision_REDACTED.pdf-undermined if Mr Hickling was permitted to return to the teaching profession. ./_OFFICIAL_SENSITIVE__Hickling_Tyler_SoS_decision_REDACTED.pdf- ./_OFFICIAL_SENSITIVE__Hickling_Tyler_SoS_decision_REDACTED.pdf-The panel decided that the findings indicated a situation in which a review period would ./_OFFICIAL_SENSITIVE__Hickling_Tyler_SoS_decision_REDACTED.pdf-not be appropriate and, as such, decided that it would be proportionate, in all the ./_OFFICIAL_SENSITIVE__Hickling_Tyler_SoS_decision_REDACTED.pdf-circumstances, for the prohibition order to be recommended without provisions for a ./_OFFICIAL_SENSITIVE__Hickling_Tyler_SoS_decision_REDACTED.pdf-review period. ./_OFFICIAL_SENSITIVE__Hickling_Tyler_SoS_decision_REDACTED.pdf- ./_OFFICIAL_SENSITIVE__Hickling_Tyler_SoS_decision_REDACTED.pdf- ./_OFFICIAL_SENSITIVE__Hickling_Tyler_SoS_decision_REDACTED.pdf-Decision and reasons on behalf of the Secretary of State -- ./_OFFICIAL_SENSITIVE__Hickling_Tyler_SoS_decision_REDACTED.pdf-force at the time of Mr Hickling’s conduct. The panel considered that Mr Hickling was in ./_OFFICIAL_SENSITIVE__Hickling_Tyler_SoS_decision_REDACTED.pdf-breach of the following provisions: providing a safe environment for children to learn, ./_OFFICIAL_SENSITIVE__Hickling_Tyler_SoS_decision_REDACTED.pdf-following the safeguarding process in relation to concerns about a child’s welfare and ./_OFFICIAL_SENSITIVE__Hickling_Tyler_SoS_decision_REDACTED.pdf-adhering to the school’s policies in respect of safeguarding and staff conduct.” ./_OFFICIAL_SENSITIVE__Hickling_Tyler_SoS_decision_REDACTED.pdf- ./_OFFICIAL_SENSITIVE__Hickling_Tyler_SoS_decision_REDACTED.pdf-The findings of misconduct are particularly serious as they include a finding of ./_OFFICIAL_SENSITIVE__Hickling_Tyler_SoS_decision_REDACTED.pdf:misconduct of a sexual nature and dishonesty. ./_OFFICIAL_SENSITIVE__Hickling_Tyler_SoS_decision_REDACTED.pdf- ./_OFFICIAL_SENSITIVE__Hickling_Tyler_SoS_decision_REDACTED.pdf-I have to determine whether the imposition of a prohibition order is proportionate and in ./_OFFICIAL_SENSITIVE__Hickling_Tyler_SoS_decision_REDACTED.pdf-the public interest. In considering that for this case, I have considered the overall aim of a ./_OFFICIAL_SENSITIVE__Hickling_Tyler_SoS_decision_REDACTED.pdf-prohibition order which is to protect pupils and to maintain public confidence in the ./_OFFICIAL_SENSITIVE__Hickling_Tyler_SoS_decision_REDACTED.pdf-profession. I have considered the extent to which a prohibition order in this case would ./_OFFICIAL_SENSITIVE__Hickling_Tyler_SoS_decision_REDACTED.pdf-achieve that aim taking into account the impact that it will have on the individual teacher. ./_OFFICIAL_SENSITIVE__Hickling_Tyler_SoS_decision_REDACTED.pdf-I have also asked myself, whether a less intrusive measure, such as the published ./_OFFICIAL_SENSITIVE__Hickling_Tyler_SoS_decision_REDACTED.pdf-finding of unacceptable professional conduct and conduct that may bring the profession ./_OFFICIAL_SENSITIVE__Hickling_Tyler_SoS_decision_REDACTED.pdf-into disrepute, would itself be sufficient to achieve the overall aim. I have to consider ./_OFFICIAL_SENSITIVE__Hickling_Tyler_SoS_decision_REDACTED.pdf-whether the consequences of such a publication are themselves sufficient. I have ./_OFFICIAL_SENSITIVE__Hickling_Tyler_SoS_decision_REDACTED.pdf-considered therefore whether or not prohibiting Mr Hickling, and the impact that will have ./_OFFICIAL_SENSITIVE__Hickling_Tyler_SoS_decision_REDACTED.pdf-on the teacher, is proportionate and in the public interest. ./_OFFICIAL_SENSITIVE__Hickling_Tyler_SoS_decision_REDACTED.pdf- ./_OFFICIAL_SENSITIVE__Hickling_Tyler_SoS_decision_REDACTED.pdf-In this case, I have considered the extent to which a prohibition order would protect ./_OFFICIAL_SENSITIVE__Hickling_Tyler_SoS_decision_REDACTED.pdf-children and safeguard pupils. The panel has observed, “ In the light of the panel’s ./_OFFICIAL_SENSITIVE__Hickling_Tyler_SoS_decision_REDACTED.pdf:findings against Mr Hickling, which involved conduct of a sexual nature and conduct that ./_OFFICIAL_SENSITIVE__Hickling_Tyler_SoS_decision_REDACTED.pdf:was sexually motivated, dishonesty and a lack of integrity in deleting messages between ./_OFFICIAL_SENSITIVE__Hickling_Tyler_SoS_decision_REDACTED.pdf-himself and Pupil B and being convicted of the offence of adult meet a girl under 16 years ./_OFFICIAL_SENSITIVE__Hickling_Tyler_SoS_decision_REDACTED.pdf:of age following grooming, there was a strong public interest consideration in respect of ./_OFFICIAL_SENSITIVE__Hickling_Tyler_SoS_decision_REDACTED.pdf-the safeguarding and wellbeing of pupils, given the serious findings of an inappropriate ./_OFFICIAL_SENSITIVE__Hickling_Tyler_SoS_decision_REDACTED.pdf-relationship with a child. However, the panel noted the comments in the sentencing ./_OFFICIAL_SENSITIVE__Hickling_Tyler_SoS_decision_REDACTED.pdf-remarks that Mr Hickling was of low likelihood to re-offend and as such placed less ./_OFFICIAL_SENSITIVE__Hickling_Tyler_SoS_decision_REDACTED.pdf-weight on this public interest consideration.” I have given this point careful consideration ./_OFFICIAL_SENSITIVE__Hickling_Tyler_SoS_decision_REDACTED.pdf-and weight. ./_OFFICIAL_SENSITIVE__Hickling_Tyler_SoS_decision_REDACTED.pdf- ./_OFFICIAL_SENSITIVE__Hickling_Tyler_SoS_decision_REDACTED.pdf-I have also noted the panel’s comment, “Similarly, the panel considered that public ./_OFFICIAL_SENSITIVE__Hickling_Tyler_SoS_decision_REDACTED.pdf-confidence in the profession could be seriously weakened if conduct such as that found ./_OFFICIAL_SENSITIVE__Hickling_Tyler_SoS_decision_REDACTED.pdf-against Mr Hickling were not treated with the utmost seriousness when regulating the ./_OFFICIAL_SENSITIVE__Hickling_Tyler_SoS_decision_REDACTED.pdf-conduct of the profession.” -- ./_OFFICIAL_SENSITIVE__Hickling_Tyler_SoS_decision_REDACTED.pdf- ./_OFFICIAL_SENSITIVE__Hickling_Tyler_SoS_decision_REDACTED.pdf-In my view, balancing out all these issues, a prohibition order would prevent such risk ./_OFFICIAL_SENSITIVE__Hickling_Tyler_SoS_decision_REDACTED.pdf-from being present in the future. ./_OFFICIAL_SENSITIVE__Hickling_Tyler_SoS_decision_REDACTED.pdf- ./_OFFICIAL_SENSITIVE__Hickling_Tyler_SoS_decision_REDACTED.pdf-I have also taken into account the panel’s comments on insight and remorse, which the ./_OFFICIAL_SENSITIVE__Hickling_Tyler_SoS_decision_REDACTED.pdf-panel sets out as follows, “The panel did not see any evidence that Mr Hickling had ./_OFFICIAL_SENSITIVE__Hickling_Tyler_SoS_decision_REDACTED.pdf-shown insight into his actions. However, the panel noted that it was stated in the ./_OFFICIAL_SENSITIVE__Hickling_Tyler_SoS_decision_REDACTED.pdf-sentencing remarks that the pre-sentencing report concluded that Mr Hickling was at low ./_OFFICIAL_SENSITIVE__Hickling_Tyler_SoS_decision_REDACTED.pdf-risk of re-offending and that the judge did not think that Mr Hickling would ever re-offend. ./_OFFICIAL_SENSITIVE__Hickling_Tyler_SoS_decision_REDACTED.pdf-Despite the conduct occurring over a limited period of time and it being acknowledged in ./_OFFICIAL_SENSITIVE__Hickling_Tyler_SoS_decision_REDACTED.pdf:the sentencing remarks that overt sexual contact was not present in this case, the panel ./_OFFICIAL_SENSITIVE__Hickling_Tyler_SoS_decision_REDACTED.pdf-considered that the offence was of such a serious nature, that public confidence in the ./_OFFICIAL_SENSITIVE__Hickling_Tyler_SoS_decision_REDACTED.pdf-profession would be seriously undermined if Mr Hickling was permitted to return to the ./_OFFICIAL_SENSITIVE__Hickling_Tyler_SoS_decision_REDACTED.pdf-teaching profession.” In my judgement, the lack of full insight and remorse and the ./_OFFICIAL_SENSITIVE__Hickling_Tyler_SoS_decision_REDACTED.pdf-serious nature of the misconduct found mean that the overall future wellbeing of pupils is ./_OFFICIAL_SENSITIVE__Hickling_Tyler_SoS_decision_REDACTED.pdf-at risk. I have therefore given this element considerable weight in reaching my decision. ./_OFFICIAL_SENSITIVE__Hickling_Tyler_SoS_decision_REDACTED.pdf- ./_OFFICIAL_SENSITIVE__Hickling_Tyler_SoS_decision_REDACTED.pdf-I have gone on to consider the extent to which a prohibition order would maintain public ./_OFFICIAL_SENSITIVE__Hickling_Tyler_SoS_decision_REDACTED.pdf-confidence in the profession. The panel observe, “The Advice indicates that where ./_OFFICIAL_SENSITIVE__Hickling_Tyler_SoS_decision_REDACTED.pdf-behaviours associated with such an offence exist, a panel is likely to conclude that an ./_OFFICIAL_SENSITIVE__Hickling_Tyler_SoS_decision_REDACTED.pdf-individual’s conduct would amount to conduct that may bring the profession into ./_OFFICIAL_SENSITIVE__Hickling_Tyler_SoS_decision_REDACTED.pdf-disrepute. ./_OFFICIAL_SENSITIVE__Hickling_Tyler_SoS_decision_REDACTED.pdf- ./_OFFICIAL_SENSITIVE__Hickling_Tyler_SoS_decision_REDACTED.pdf-The findings of misconduct are serious, and the conduct displayed would be likely to ./_OFFICIAL_SENSITIVE__Hickling_Tyler_SoS_decision_REDACTED.pdf-have a negative impact on the individual’s status as a teacher. ./_OFFICIAL_SENSITIVE__Hickling_Tyler_SoS_decision_REDACTED.pdf- ./_OFFICIAL_SENSITIVE__Hickling_Tyler_SoS_decision_REDACTED.pdf-The panel considered that Mr Hickling’s conduct could potentially damage the public’s ./_OFFICIAL_SENSITIVE__Hickling_Tyler_SoS_decision_REDACTED.pdf-perception of a teacher.” ./_OFFICIAL_SENSITIVE__Hickling_Tyler_SoS_decision_REDACTED.pdf- ./_OFFICIAL_SENSITIVE__Hickling_Tyler_SoS_decision_REDACTED.pdf:I am particularly mindful of the finding of sexual misconduct in this case and the impact ./_OFFICIAL_SENSITIVE__Hickling_Tyler_SoS_decision_REDACTED.pdf-that such a finding has on the reputation of the profession. ./_OFFICIAL_SENSITIVE__Hickling_Tyler_SoS_decision_REDACTED.pdf- ./_OFFICIAL_SENSITIVE__Hickling_Tyler_SoS_decision_REDACTED.pdf-I have had to consider that the public has a high expectation of professional standards of ./_OFFICIAL_SENSITIVE__Hickling_Tyler_SoS_decision_REDACTED.pdf-all teachers and that the public might regard a failure to impose a prohibition order as a ./_OFFICIAL_SENSITIVE__Hickling_Tyler_SoS_decision_REDACTED.pdf- ./_OFFICIAL_SENSITIVE__Hickling_Tyler_SoS_decision_REDACTED.pdf- 23 ./_OFFICIAL_SENSITIVE__Hickling_Tyler_SoS_decision_REDACTED.pdf- -- ./_OFFICIAL_SENSITIVE__Hickling_Tyler_SoS_decision_REDACTED.pdf-Hickling’s application for his position at the School, the panel noted that there were no ./_OFFICIAL_SENSITIVE__Hickling_Tyler_SoS_decision_REDACTED.pdf-recent references provided from colleagues that could attest to his abilities as a teacher. ./_OFFICIAL_SENSITIVE__Hickling_Tyler_SoS_decision_REDACTED.pdf- ./_OFFICIAL_SENSITIVE__Hickling_Tyler_SoS_decision_REDACTED.pdf-The panel noted that Mr Hickling was a relatively inexperienced teacher, having taught at ./_OFFICIAL_SENSITIVE__Hickling_Tyler_SoS_decision_REDACTED.pdf-the School for just two years following his teacher training.” ./_OFFICIAL_SENSITIVE__Hickling_Tyler_SoS_decision_REDACTED.pdf- ./_OFFICIAL_SENSITIVE__Hickling_Tyler_SoS_decision_REDACTED.pdf-A prohibition order would prevent Mr Hickling from teaching and would also clearly ./_OFFICIAL_SENSITIVE__Hickling_Tyler_SoS_decision_REDACTED.pdf-deprive the public of his contribution to the profession for the period that it is in force. ./_OFFICIAL_SENSITIVE__Hickling_Tyler_SoS_decision_REDACTED.pdf- ./_OFFICIAL_SENSITIVE__Hickling_Tyler_SoS_decision_REDACTED.pdf-In this case, I have placed considerable weight on the panel’s comments concerning the ./_OFFICIAL_SENSITIVE__Hickling_Tyler_SoS_decision_REDACTED.pdf:behaviour, “These cases include serious sexual misconduct, eg where the act was ./_OFFICIAL_SENSITIVE__Hickling_Tyler_SoS_decision_REDACTED.pdf:sexually motivated and resulted in, or had the potential to result in, harm to a person or ./_OFFICIAL_SENSITIVE__Hickling_Tyler_SoS_decision_REDACTED.pdf-persons, particularly where the individual has used his professional position to influence ./_OFFICIAL_SENSITIVE__Hickling_Tyler_SoS_decision_REDACTED.pdf:or exploit a person or persons and any sexual misconduct involving a child. The panel ./_OFFICIAL_SENSITIVE__Hickling_Tyler_SoS_decision_REDACTED.pdf:found that Mr Hickling was responsible for engaging in sexually motivated conduct with ./_OFFICIAL_SENSITIVE__Hickling_Tyler_SoS_decision_REDACTED.pdf:Pupil B and he had been convicted of an offence which involved sexual communication ./_OFFICIAL_SENSITIVE__Hickling_Tyler_SoS_decision_REDACTED.pdf-with a child.” ./_OFFICIAL_SENSITIVE__Hickling_Tyler_SoS_decision_REDACTED.pdf- ./_OFFICIAL_SENSITIVE__Hickling_Tyler_SoS_decision_REDACTED.pdf-I have given less weight in my consideration of sanction therefore, to the contribution that ./_OFFICIAL_SENSITIVE__Hickling_Tyler_SoS_decision_REDACTED.pdf-Mr Hickling has made to the profession. In my view, it is necessary to impose a ./_OFFICIAL_SENSITIVE__Hickling_Tyler_SoS_decision_REDACTED.pdf-prohibition order in order to maintain public confidence in the profession. A published ./_OFFICIAL_SENSITIVE__Hickling_Tyler_SoS_decision_REDACTED.pdf-decision, in light of the circumstances in this case, does not in my view satisfy the public ./_OFFICIAL_SENSITIVE__Hickling_Tyler_SoS_decision_REDACTED.pdf-interest requirement concerning public confidence in the profession. ./_OFFICIAL_SENSITIVE__Hickling_Tyler_SoS_decision_REDACTED.pdf- ./_OFFICIAL_SENSITIVE__Hickling_Tyler_SoS_decision_REDACTED.pdf-For these reasons, I have concluded that a prohibition order is proportionate and in the ./_OFFICIAL_SENSITIVE__Hickling_Tyler_SoS_decision_REDACTED.pdf-public interest in order to achieve the intended aims of a prohibition order. ./_OFFICIAL_SENSITIVE__Hickling_Tyler_SoS_decision_REDACTED.pdf- ./_OFFICIAL_SENSITIVE__Hickling_Tyler_SoS_decision_REDACTED.pdf-I have gone on to consider the matter of a review period. In this case, the panel has ./_OFFICIAL_SENSITIVE__Hickling_Tyler_SoS_decision_REDACTED.pdf-recommended that no provision should be made for a review period. ./_OFFICIAL_SENSITIVE__Hickling_Tyler_SoS_decision_REDACTED.pdf- ./_OFFICIAL_SENSITIVE__Hickling_Tyler_SoS_decision_REDACTED.pdf-I have considered the panel’s comments “Despite the conduct occurring over a limited ./_OFFICIAL_SENSITIVE__Hickling_Tyler_SoS_decision_REDACTED.pdf:period of time and it being acknowledged in the sentencing remarks that overt sexual ./_OFFICIAL_SENSITIVE__Hickling_Tyler_SoS_decision_REDACTED.pdf-contact was not present in this case, the panel considered that the offence was of such a ./_OFFICIAL_SENSITIVE__Hickling_Tyler_SoS_decision_REDACTED.pdf-serious nature, that public confidence in the profession would be seriously undermined if ./_OFFICIAL_SENSITIVE__Hickling_Tyler_SoS_decision_REDACTED.pdf-Mr Hickling was permitted to return to the teaching profession.” ./_OFFICIAL_SENSITIVE__Hickling_Tyler_SoS_decision_REDACTED.pdf- ./_OFFICIAL_SENSITIVE__Hickling_Tyler_SoS_decision_REDACTED.pdf- 24 ./_OFFICIAL_SENSITIVE__Hickling_Tyler_SoS_decision_REDACTED.pdf- ./_OFFICIAL_SENSITIVE__Horne__Cheryl_SoS_Decision__REDACTED_ (1).pdf- iv. In which you refer to you buying him an alcoholic drink; ./_OFFICIAL_SENSITIVE__Horne__Cheryl_SoS_Decision__REDACTED_ (1).pdf- ./_OFFICIAL_SENSITIVE__Horne__Cheryl_SoS_Decision__REDACTED_ (1).pdf- v. which you sign off with an ‘x’ meaning a kiss; ./_OFFICIAL_SENSITIVE__Horne__Cheryl_SoS_Decision__REDACTED_ (1).pdf- ./_OFFICIAL_SENSITIVE__Horne__Cheryl_SoS_Decision__REDACTED_ (1).pdf- f) With Pupil D by sending one or more emails; ./_OFFICIAL_SENSITIVE__Horne__Cheryl_SoS_Decision__REDACTED_ (1).pdf- ./_OFFICIAL_SENSITIVE__Horne__Cheryl_SoS_Decision__REDACTED_ (1).pdf- i. Which were sent during weekends and/or during school holidays; ./_OFFICIAL_SENSITIVE__Horne__Cheryl_SoS_Decision__REDACTED_ (1).pdf- ./_OFFICIAL_SENSITIVE__Horne__Cheryl_SoS_Decision__REDACTED_ (1).pdf- ii. In which you refer to him as a “loser”; ./_OFFICIAL_SENSITIVE__Horne__Cheryl_SoS_Decision__REDACTED_ (1).pdf- ./_OFFICIAL_SENSITIVE__Horne__Cheryl_SoS_Decision__REDACTED_ (1).pdf:2. You made comments which were inappropriate and/or of a sexual nature to one or ./_OFFICIAL_SENSITIVE__Horne__Cheryl_SoS_Decision__REDACTED_ (1).pdf- more pupils and/or in the presence of one or more pupils including; ./_OFFICIAL_SENSITIVE__Horne__Cheryl_SoS_Decision__REDACTED_ (1).pdf- ./_OFFICIAL_SENSITIVE__Horne__Cheryl_SoS_Decision__REDACTED_ (1).pdf: a) discussing the sex lives of one or more pupils; ./_OFFICIAL_SENSITIVE__Horne__Cheryl_SoS_Decision__REDACTED_ (1).pdf- ./_OFFICIAL_SENSITIVE__Horne__Cheryl_SoS_Decision__REDACTED_ (1).pdf- b) asking one or more pupils to illustrate different aspects of the music to which they ./_OFFICIAL_SENSITIVE__Horne__Cheryl_SoS_Decision__REDACTED_ (1).pdf: were listening by using different sexual position for each; ./_OFFICIAL_SENSITIVE__Horne__Cheryl_SoS_Decision__REDACTED_ (1).pdf- ./_OFFICIAL_SENSITIVE__Horne__Cheryl_SoS_Decision__REDACTED_ (1).pdf- c) discussing an incident regarding an individual using a remote control as a dildo; ./_OFFICIAL_SENSITIVE__Horne__Cheryl_SoS_Decision__REDACTED_ (1).pdf- ./_OFFICIAL_SENSITIVE__Horne__Cheryl_SoS_Decision__REDACTED_ (1).pdf-3. You failed to adequately safeguard one or more pupils including by; ./_OFFICIAL_SENSITIVE__Horne__Cheryl_SoS_Decision__REDACTED_ (1).pdf- ./_OFFICIAL_SENSITIVE__Horne__Cheryl_SoS_Decision__REDACTED_ (1).pdf- a) storing alcohol at the School where is was accessible to one or more pupils; ./_OFFICIAL_SENSITIVE__Horne__Cheryl_SoS_Decision__REDACTED_ (1).pdf- ./_OFFICIAL_SENSITIVE__Horne__Cheryl_SoS_Decision__REDACTED_ (1).pdf- b) arranging a trip to the Royal Albert Hall without seeking or receiving; ./_OFFICIAL_SENSITIVE__Horne__Cheryl_SoS_Decision__REDACTED_ (1).pdf- ./_OFFICIAL_SENSITIVE__Horne__Cheryl_SoS_Decision__REDACTED_ (1).pdf- i. the required permission from your Senior Manager, the School Educational -- ./_OFFICIAL_SENSITIVE__Horne__Cheryl_SoS_Decision__REDACTED_ (1).pdf-2021, Ms Horne admitted that she had failed to maintain appropriate professional ./_OFFICIAL_SENSITIVE__Horne__Cheryl_SoS_Decision__REDACTED_ (1).pdf-boundaries with Pupil D by sending him one or more emails. Ms Horne admitted that in ./_OFFICIAL_SENSITIVE__Horne__Cheryl_SoS_Decision__REDACTED_ (1).pdf-sending such emails, she had failed to maintain a professional relationship with Pupil D. ./_OFFICIAL_SENSITIVE__Horne__Cheryl_SoS_Decision__REDACTED_ (1).pdf- ./_OFFICIAL_SENSITIVE__Horne__Cheryl_SoS_Decision__REDACTED_ (1).pdf-The panel noted the witness statement of Ms Horne who submitted that, through no ./_OFFICIAL_SENSITIVE__Horne__Cheryl_SoS_Decision__REDACTED_ (1).pdf-malice nor any other motive, there was a blurring of lines with a small handful of older ./_OFFICIAL_SENSITIVE__Horne__Cheryl_SoS_Decision__REDACTED_ (1).pdf-students. ./_OFFICIAL_SENSITIVE__Horne__Cheryl_SoS_Decision__REDACTED_ (1).pdf- ./_OFFICIAL_SENSITIVE__Horne__Cheryl_SoS_Decision__REDACTED_ (1).pdf-The panel found allegation 1.f(i-ii) proven. ./_OFFICIAL_SENSITIVE__Horne__Cheryl_SoS_Decision__REDACTED_ (1).pdf- ./_OFFICIAL_SENSITIVE__Horne__Cheryl_SoS_Decision__REDACTED_ (1).pdf:2. You made comments which were inappropriate and/or of a sexual nature to one ./_OFFICIAL_SENSITIVE__Horne__Cheryl_SoS_Decision__REDACTED_ (1).pdf- or more pupils and/or in the presence of one or more pupils including; ./_OFFICIAL_SENSITIVE__Horne__Cheryl_SoS_Decision__REDACTED_ (1).pdf- ./_OFFICIAL_SENSITIVE__Horne__Cheryl_SoS_Decision__REDACTED_ (1).pdf: a) discussing the sex lives of one or more pupils; ./_OFFICIAL_SENSITIVE__Horne__Cheryl_SoS_Decision__REDACTED_ (1).pdf- ./_OFFICIAL_SENSITIVE__Horne__Cheryl_SoS_Decision__REDACTED_ (1).pdf- b) asking one or more pupils to illustrate different aspects of the music to ./_OFFICIAL_SENSITIVE__Horne__Cheryl_SoS_Decision__REDACTED_ (1).pdf: which they were listening by using different sexual position for each; ./_OFFICIAL_SENSITIVE__Horne__Cheryl_SoS_Decision__REDACTED_ (1).pdf- ./_OFFICIAL_SENSITIVE__Horne__Cheryl_SoS_Decision__REDACTED_ (1).pdf- c) discussing an incident regarding an individual using a remote control as a ./_OFFICIAL_SENSITIVE__Horne__Cheryl_SoS_Decision__REDACTED_ (1).pdf- dildo; ./_OFFICIAL_SENSITIVE__Horne__Cheryl_SoS_Decision__REDACTED_ (1).pdf- ./_OFFICIAL_SENSITIVE__Horne__Cheryl_SoS_Decision__REDACTED_ (1).pdf-The panel noted that within the statement of agreed facts, signed by Ms Horne on 23 July ./_OFFICIAL_SENSITIVE__Horne__Cheryl_SoS_Decision__REDACTED_ (1).pdf-2021, Ms Horne denied allegation 2 in its entirety. ./_OFFICIAL_SENSITIVE__Horne__Cheryl_SoS_Decision__REDACTED_ (1).pdf- ./_OFFICIAL_SENSITIVE__Horne__Cheryl_SoS_Decision__REDACTED_ (1).pdf-The panel noted the witness statement of Ms Horne who submitted that she had never ./_OFFICIAL_SENSITIVE__Horne__Cheryl_SoS_Decision__REDACTED_ (1).pdf:described pupils’ homework using a sexual position. ./_OFFICIAL_SENSITIVE__Horne__Cheryl_SoS_Decision__REDACTED_ (1).pdf- ./_OFFICIAL_SENSITIVE__Horne__Cheryl_SoS_Decision__REDACTED_ (1).pdf-Ms Horne submitted that she drove Individual B to the train station on several occasions ./_OFFICIAL_SENSITIVE__Horne__Cheryl_SoS_Decision__REDACTED_ (1).pdf-and was unable to recall the specifics of any conversations she had with Individual B ./_OFFICIAL_SENSITIVE__Horne__Cheryl_SoS_Decision__REDACTED_ (1).pdf-during those times. Upon reading the details of the allegations, Ms Horne believed the ./_OFFICIAL_SENSITIVE__Horne__Cheryl_SoS_Decision__REDACTED_ (1).pdf-conversation in question was about a lesson focusing on the fingerprints of the romantic ./_OFFICIAL_SENSITIVE__Horne__Cheryl_SoS_Decision__REDACTED_ (1).pdf-period in classical music, in which she played students the prelude to ‘Tristan and Isolde’, ./_OFFICIAL_SENSITIVE__Horne__Cheryl_SoS_Decision__REDACTED_ (1).pdf-after which she discussed how the composer used harmony to create and release ./_OFFICIAL_SENSITIVE__Horne__Cheryl_SoS_Decision__REDACTED_ (1).pdf-musical tension. ./_OFFICIAL_SENSITIVE__Horne__Cheryl_SoS_Decision__REDACTED_ (1).pdf- ./_OFFICIAL_SENSITIVE__Horne__Cheryl_SoS_Decision__REDACTED_ (1).pdf-Ms Horne submitted that she had never read the book referred to by Individual A, and in ./_OFFICIAL_SENSITIVE__Horne__Cheryl_SoS_Decision__REDACTED_ (1).pdf-fact Individual A shared the anecdote with Ms Horne which Ms Horne then went on to ./_OFFICIAL_SENSITIVE__Horne__Cheryl_SoS_Decision__REDACTED_ (1).pdf-share with Individuals B and C in the office. ./_OFFICIAL_SENSITIVE__Horne__Cheryl_SoS_Decision__REDACTED_ (1).pdf- ./_OFFICIAL_SENSITIVE__Horne__Cheryl_SoS_Decision__REDACTED_ (1).pdf-The panel considered the witness statement and oral evidence of Individual B who ./_OFFICIAL_SENSITIVE__Horne__Cheryl_SoS_Decision__REDACTED_ (1).pdf-submitted that Ms Horne stated to her that she had asked a sixth form class to illustrate ./_OFFICIAL_SENSITIVE__Horne__Cheryl_SoS_Decision__REDACTED_ (1).pdf:couples in different sexual positions. Ms Horne denied this conversation. ./_OFFICIAL_SENSITIVE__Horne__Cheryl_SoS_Decision__REDACTED_ (1).pdf- ./_OFFICIAL_SENSITIVE__Horne__Cheryl_SoS_Decision__REDACTED_ (1).pdf- ./_OFFICIAL_SENSITIVE__Horne__Cheryl_SoS_Decision__REDACTED_ (1).pdf- 12 ./_OFFICIAL_SENSITIVE__Horne__Cheryl_SoS_Decision__REDACTED_ (1).pdf- -- ./_OFFICIAL_SENSITIVE__Horne__Cheryl_SoS_Decision__REDACTED_ (1).pdf-Individual B could not recall whether she was present when the anecdote was told, and ./_OFFICIAL_SENSITIVE__Horne__Cheryl_SoS_Decision__REDACTED_ (1).pdf-believed that it could have been Individual A who had told her Ms Horne shared with a ./_OFFICIAL_SENSITIVE__Horne__Cheryl_SoS_Decision__REDACTED_ (1).pdf-pupil a story from a book which she was reading at the time, which involved someone ./_OFFICIAL_SENSITIVE__Horne__Cheryl_SoS_Decision__REDACTED_ (1).pdf-who had used a remote control with a condom over it as a dildo. ./_OFFICIAL_SENSITIVE__Horne__Cheryl_SoS_Decision__REDACTED_ (1).pdf- ./_OFFICIAL_SENSITIVE__Horne__Cheryl_SoS_Decision__REDACTED_ (1).pdf-Individual B submitted that, if there was a place for pupils to hang out, it always seemed ./_OFFICIAL_SENSITIVE__Horne__Cheryl_SoS_Decision__REDACTED_ (1).pdf-to be the music office. Pupils would only sit in the office if Ms Horne were there. Individual ./_OFFICIAL_SENSITIVE__Horne__Cheryl_SoS_Decision__REDACTED_ (1).pdf-B explained that often exchanges between Ms Horne and pupils would be inappropriate, ./_OFFICIAL_SENSITIVE__Horne__Cheryl_SoS_Decision__REDACTED_ (1).pdf:in the form of ’banter’ or with sexual innuendos or undertones. ./_OFFICIAL_SENSITIVE__Horne__Cheryl_SoS_Decision__REDACTED_ (1).pdf- ./_OFFICIAL_SENSITIVE__Horne__Cheryl_SoS_Decision__REDACTED_ (1).pdf-The panel also considered the witness statement and oral evidence of Individual A who ./_OFFICIAL_SENSITIVE__Horne__Cheryl_SoS_Decision__REDACTED_ (1).pdf-submitted that Ms Horne had told her that she had shared some stories from a book ./_OFFICIAL_SENSITIVE__Horne__Cheryl_SoS_Decision__REDACTED_ (1).pdf-called ‘This is Going to Hurt: Secret Diaries of a Junior Doctor’ by Adam Kay including an ./_OFFICIAL_SENSITIVE__Horne__Cheryl_SoS_Decision__REDACTED_ (1).pdf-anecdote about someone who had used a remote control with a condom over it as a ./_OFFICIAL_SENSITIVE__Horne__Cheryl_SoS_Decision__REDACTED_ (1).pdf-dildo. Ms Horne denied this conversation. ./_OFFICIAL_SENSITIVE__Horne__Cheryl_SoS_Decision__REDACTED_ (1).pdf- ./_OFFICIAL_SENSITIVE__Horne__Cheryl_SoS_Decision__REDACTED_ (1).pdf-The panel felt that the evidence given by Individual B and Individual C was extremely ./_OFFICIAL_SENSITIVE__Horne__Cheryl_SoS_Decision__REDACTED_ (1).pdf-vague and when pressed for finer details or specific examples of what was said and by ./_OFFICIAL_SENSITIVE__Horne__Cheryl_SoS_Decision__REDACTED_ (1).pdf-whom, neither were able to remember or provide any examples to the panel. ./_OFFICIAL_SENSITIVE__Horne__Cheryl_SoS_Decision__REDACTED_.pdf-The panel noted that none of the offences listed on pages 10 and 11 of the Advice were ./_OFFICIAL_SENSITIVE__Horne__Cheryl_SoS_Decision__REDACTED_.pdf-relevant in this case. Furthermore, the panel went on to consider that whilst Mr Mbanga ./_OFFICIAL_SENSITIVE__Horne__Cheryl_SoS_Decision__REDACTED_.pdf-had clearly made errors of judgment – which he has fully admitted – his behaviours were ./_OFFICIAL_SENSITIVE__Horne__Cheryl_SoS_Decision__REDACTED_.pdf-not sufficiently serious to bring the profession into disrepute. In particular, the panel took ./_OFFICIAL_SENSITIVE__Horne__Cheryl_SoS_Decision__REDACTED_.pdf:into account that there was no suggestion of any sexual motivation behind any of these ./_OFFICIAL_SENSITIVE__Horne__Cheryl_SoS_Decision__REDACTED_.pdf-behaviours. ./_OFFICIAL_SENSITIVE__Horne__Cheryl_SoS_Decision__REDACTED_.pdf- ./_OFFICIAL_SENSITIVE__Horne__Cheryl_SoS_Decision__REDACTED_.pdf-Accordingly, the panel did not find that Mr Mbanga’s actions constituted conduct that may ./_OFFICIAL_SENSITIVE__Horne__Cheryl_SoS_Decision__REDACTED_.pdf-bring the profession into disrepute. ./_OFFICIAL_SENSITIVE__Horne__Cheryl_SoS_Decision__REDACTED_.pdf- ./_OFFICIAL_SENSITIVE__Horne__Cheryl_SoS_Decision__REDACTED_.pdf- ./_OFFICIAL_SENSITIVE__Horne__Cheryl_SoS_Decision__REDACTED_.pdf-Panel’s recommendation to the Secretary of State ./_OFFICIAL_SENSITIVE__Horne__Cheryl_SoS_Decision__REDACTED_.pdf-Given the panel’s findings in respect of unacceptable professional conduct, it was ./_OFFICIAL_SENSITIVE__Horne__Cheryl_SoS_Decision__REDACTED_.pdf-necessary for the panel to go on to consider whether it would be appropriate to ./_OFFICIAL_SENSITIVE__Horne__Cheryl_SoS_Decision__REDACTED_.pdf-recommend the imposition of a prohibition order by the Secretary of State. -- ./_OFFICIAL_SENSITIVE__Horne__Cheryl_SoS_Decision__REDACTED_.pdf-considerations both in favour of, and against, prohibition as well as the interests of Mr ./_OFFICIAL_SENSITIVE__Horne__Cheryl_SoS_Decision__REDACTED_.pdf-Mbanga. The panel took further account of the Advice, which suggests that a prohibition ./_OFFICIAL_SENSITIVE__Horne__Cheryl_SoS_Decision__REDACTED_.pdf-order may be appropriate if certain behaviours of a teacher have been proven. However, ./_OFFICIAL_SENSITIVE__Horne__Cheryl_SoS_Decision__REDACTED_.pdf-the panel noted that none of the behaviours listed on pages 12 and 13 of the Advice were ./_OFFICIAL_SENSITIVE__Horne__Cheryl_SoS_Decision__REDACTED_.pdf-relevant in this case. ./_OFFICIAL_SENSITIVE__Horne__Cheryl_SoS_Decision__REDACTED_.pdf- ./_OFFICIAL_SENSITIVE__Horne__Cheryl_SoS_Decision__REDACTED_.pdf-The panel went on to consider the mitigating factors. Mitigating factors may indicate that ./_OFFICIAL_SENSITIVE__Horne__Cheryl_SoS_Decision__REDACTED_.pdf-a prohibition order would not be not appropriate or proportionate. ./_OFFICIAL_SENSITIVE__Horne__Cheryl_SoS_Decision__REDACTED_.pdf- ./_OFFICIAL_SENSITIVE__Horne__Cheryl_SoS_Decision__REDACTED_.pdf-The panel noted that there was no evidence available to suggest that Mr Mbanga’s ./_OFFICIAL_SENSITIVE__Horne__Cheryl_SoS_Decision__REDACTED_.pdf:behaviour had been sexually motivated. As stated in the letter sent by Mr Mbanga’s ./_OFFICIAL_SENSITIVE__Horne__Cheryl_SoS_Decision__REDACTED_.pdf-representative to the presenting officer, prior to these allegations, Mr Mbanga had an ./_OFFICIAL_SENSITIVE__Horne__Cheryl_SoS_Decision__REDACTED_.pdf- ./_OFFICIAL_SENSITIVE__Horne__Cheryl_SoS_Decision__REDACTED_.pdf- ./_OFFICIAL_SENSITIVE__Horne__Cheryl_SoS_Decision__REDACTED_.pdf- 14 ./_OFFICIAL_SENSITIVE__Horne__Cheryl_SoS_Decision__REDACTED_.pdf- ./_OFFICIAL_SENSITIVE__Hussain_Ifzal_SoS_decision_redacted.pdf-The panel considered the allegations set out in the notice of proceedings dated 1 March ./_OFFICIAL_SENSITIVE__Hussain_Ifzal_SoS_decision_redacted.pdf-2023: ./_OFFICIAL_SENSITIVE__Hussain_Ifzal_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Hussain_Ifzal_SoS_decision_redacted.pdf-It was alleged that Mr Hussain was guilty of unacceptable professional conduct and/or ./_OFFICIAL_SENSITIVE__Hussain_Ifzal_SoS_decision_redacted.pdf-conduct that may bring the profession into disrepute in that whilst working as a teacher at ./_OFFICIAL_SENSITIVE__Hussain_Ifzal_SoS_decision_redacted.pdf-The Cheadle Academy: ./_OFFICIAL_SENSITIVE__Hussain_Ifzal_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Hussain_Ifzal_SoS_decision_redacted.pdf-1. On or around, 29 September 2021 whilst in an online chatroom he engaged in ./_OFFICIAL_SENSITIVE__Hussain_Ifzal_SoS_decision_redacted.pdf- inappropriate communications where he discussed carrying out the abuse of children. ./_OFFICIAL_SENSITIVE__Hussain_Ifzal_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Hussain_Ifzal_SoS_decision_redacted.pdf:2. His conduct at paragraph 1 was sexually motivated. ./_OFFICIAL_SENSITIVE__Hussain_Ifzal_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Hussain_Ifzal_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Hussain_Ifzal_SoS_decision_redacted.pdf-Preliminary applications ./_OFFICIAL_SENSITIVE__Hussain_Ifzal_SoS_decision_redacted.pdf-Application to amend allegation 2 ./_OFFICIAL_SENSITIVE__Hussain_Ifzal_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Hussain_Ifzal_SoS_decision_redacted.pdf-The presenting officer made an application to amend allegation 2 from “Your conduct at ./_OFFICIAL_SENSITIVE__Hussain_Ifzal_SoS_decision_redacted.pdf:paragraph 1 was sexually motivated” to “Your conduct at paragraph 1 was of a sexual ./_OFFICIAL_SENSITIVE__Hussain_Ifzal_SoS_decision_redacted.pdf-nature”. ./_OFFICIAL_SENSITIVE__Hussain_Ifzal_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Hussain_Ifzal_SoS_decision_redacted.pdf-The presenting officer submitted that there was a typographical error in respect of the ./_OFFICIAL_SENSITIVE__Hussain_Ifzal_SoS_decision_redacted.pdf:allegation wording; it should have referred to a “sexual nature” rather than “sexual ./_OFFICIAL_SENSITIVE__Hussain_Ifzal_SoS_decision_redacted.pdf-motivation”. ./_OFFICIAL_SENSITIVE__Hussain_Ifzal_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Hussain_Ifzal_SoS_decision_redacted.pdf-The presenting officer explained that the original allegation wording did refer to conduct ./_OFFICIAL_SENSITIVE__Hussain_Ifzal_SoS_decision_redacted.pdf:of a sexual nature, but this was later changed to “sexual motivation” in error. The ./_OFFICIAL_SENSITIVE__Hussain_Ifzal_SoS_decision_redacted.pdf-presenting officer referred to the High Court’s decision in the case of General Medical ./_OFFICIAL_SENSITIVE__Hussain_Ifzal_SoS_decision_redacted.pdf-Council v Haris [2020] EHWC 2518, in which Mrs Justice Foster commented that ./_OFFICIAL_SENSITIVE__Hussain_Ifzal_SoS_decision_redacted.pdf:pleading “sexual motivation” is unhelpful and, instead, the question should be whether ./_OFFICIAL_SENSITIVE__Hussain_Ifzal_SoS_decision_redacted.pdf:the conduct is sexual or of a sexual nature. ./_OFFICIAL_SENSITIVE__Hussain_Ifzal_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Hussain_Ifzal_SoS_decision_redacted.pdf-Mr Hussain objected to the application to amend allegation 2 on the basis that: (a) he ./_OFFICIAL_SENSITIVE__Hussain_Ifzal_SoS_decision_redacted.pdf:disputed that his conduct was sexually motivated; (b) if the allegations remained as ./_OFFICIAL_SENSITIVE__Hussain_Ifzal_SoS_decision_redacted.pdf-drafted he considered he would be in a better position to defend himself; and (c) he felt ./_OFFICIAL_SENSITIVE__Hussain_Ifzal_SoS_decision_redacted.pdf-the allegation was being changed in an attempt to make it easier for it to be found ./_OFFICIAL_SENSITIVE__Hussain_Ifzal_SoS_decision_redacted.pdf-proven. ./_OFFICIAL_SENSITIVE__Hussain_Ifzal_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Hussain_Ifzal_SoS_decision_redacted.pdf-The panel was advised that it had the power to amend allegations in accordance with ./_OFFICIAL_SENSITIVE__Hussain_Ifzal_SoS_decision_redacted.pdf-paragraph 5.83 of the Teaching misconduct: Disciplinary procedures for the teaching ./_OFFICIAL_SENSITIVE__Hussain_Ifzal_SoS_decision_redacted.pdf-profession May 2020 (‘the Procedures’). ./_OFFICIAL_SENSITIVE__Hussain_Ifzal_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Hussain_Ifzal_SoS_decision_redacted.pdf-The panel was not persuaded that the proposed amendment was to correct a ./_OFFICIAL_SENSITIVE__Hussain_Ifzal_SoS_decision_redacted.pdf-typographical error. Whilst the panel acknowledged that the proposed change would not -- ./_OFFICIAL_SENSITIVE__Hussain_Ifzal_SoS_decision_redacted.pdf-Hussain. [REDACTED] understood that Mr Hussain’s arrest was based on a report from ./_OFFICIAL_SENSITIVE__Hussain_Ifzal_SoS_decision_redacted.pdf-the National Crime Agency. ./_OFFICIAL_SENSITIVE__Hussain_Ifzal_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Hussain_Ifzal_SoS_decision_redacted.pdf-The bundle of documents before the panel contained email correspondence between the ./_OFFICIAL_SENSITIVE__Hussain_Ifzal_SoS_decision_redacted.pdf-Police Child Protection and Exploitation Team and Staffordshire LADO. The ./_OFFICIAL_SENSITIVE__Hussain_Ifzal_SoS_decision_redacted.pdf-correspondence indicated that, following receipt of intelligence, the police had identified a ./_OFFICIAL_SENSITIVE__Hussain_Ifzal_SoS_decision_redacted.pdf-user on an online chatroom, “Fab Swingers”, who described themselves as a ./_OFFICIAL_SENSITIVE__Hussain_Ifzal_SoS_decision_redacted.pdf:“[REDACTED] and when the urge takes them, they like to also play sexually with children ./_OFFICIAL_SENSITIVE__Hussain_Ifzal_SoS_decision_redacted.pdf:and have sex in front of them”. The correspondence stated that the user associated with ./_OFFICIAL_SENSITIVE__Hussain_Ifzal_SoS_decision_redacted.pdf-the account was Mr Hussain. The correspondence also stated that, during Mr Hussain’s ./_OFFICIAL_SENSITIVE__Hussain_Ifzal_SoS_decision_redacted.pdf:police interview, he “fully admitted to engaging in sexual chat online which centred ./_OFFICIAL_SENSITIVE__Hussain_Ifzal_SoS_decision_redacted.pdf-around the abuse of children and his particular interest in it.” It further stated that Mr ./_OFFICIAL_SENSITIVE__Hussain_Ifzal_SoS_decision_redacted.pdf:Hussain denied having a “sexual interest in children” and that he engaged in the chat, as ./_OFFICIAL_SENSITIVE__Hussain_Ifzal_SoS_decision_redacted.pdf-a means to “gain attention”. ./_OFFICIAL_SENSITIVE__Hussain_Ifzal_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Hussain_Ifzal_SoS_decision_redacted.pdf-The bundle contained the messages exchanged between Mr Hussain and another user ./_OFFICIAL_SENSITIVE__Hussain_Ifzal_SoS_decision_redacted.pdf-on the Fab Swingers chatroom and on a messaging application, Wickr. The messages ./_OFFICIAL_SENSITIVE__Hussain_Ifzal_SoS_decision_redacted.pdf-began on Fab Swingers and then moved to Wickr. Initially, the conversation was about ./_OFFICIAL_SENSITIVE__Hussain_Ifzal_SoS_decision_redacted.pdf-practising nudism [REDACTED]. It moved on to talking about the other user having two ./_OFFICIAL_SENSITIVE__Hussain_Ifzal_SoS_decision_redacted.pdf-daughters and not having a son. It eventually progressed into a discussion about ./_OFFICIAL_SENSITIVE__Hussain_Ifzal_SoS_decision_redacted.pdf:touching children sexually and having sexual intercourse in front of children. The panel ./_OFFICIAL_SENSITIVE__Hussain_Ifzal_SoS_decision_redacted.pdf-noted the following messages sent by the account associated with Mr Hussain: ./_OFFICIAL_SENSITIVE__Hussain_Ifzal_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Hussain_Ifzal_SoS_decision_redacted.pdf- • “Looking to chat as we are a young nudist [REDACTED]. Love all sorts of tab fun” ./_OFFICIAL_SENSITIVE__Hussain_Ifzal_SoS_decision_redacted.pdf- (during the course of the hearing Mr Hussain explained that “tab” meant “taboo”). ./_OFFICIAL_SENSITIVE__Hussain_Ifzal_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Hussain_Ifzal_SoS_decision_redacted.pdf- • When asked whether being naked with [REDACTED] turned him on, he stated: ./_OFFICIAL_SENSITIVE__Hussain_Ifzal_SoS_decision_redacted.pdf- “We love being naked… it does turn us on especially when your [sic] horny and ./_OFFICIAL_SENSITIVE__Hussain_Ifzal_SoS_decision_redacted.pdf- seeing everyone naked.” ./_OFFICIAL_SENSITIVE__Hussain_Ifzal_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Hussain_Ifzal_SoS_decision_redacted.pdf- • “Shame you dont [sic] have a boy their little penis [sic] are adorable.” ./_OFFICIAL_SENSITIVE__Hussain_Ifzal_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Hussain_Ifzal_SoS_decision_redacted.pdf- • When the other user expresses a desire to stroke a child’s penis, he appeared to ./_OFFICIAL_SENSITIVE__Hussain_Ifzal_SoS_decision_redacted.pdf- encourage this by suggesting ways she could arrange for a friend’s child to come ./_OFFICIAL_SENSITIVE__Hussain_Ifzal_SoS_decision_redacted.pdf- to her house: “You should invite them over for a sleep over… Then give them a ./_OFFICIAL_SENSITIVE__Hussain_Ifzal_SoS_decision_redacted.pdf- bath together… You could just mention say the girls want to have a sleep over ./_OFFICIAL_SENSITIVE__Hussain_Ifzal_SoS_decision_redacted.pdf- with him… Or offer to baby sit him.” ./_OFFICIAL_SENSITIVE__Hussain_Ifzal_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Hussain_Ifzal_SoS_decision_redacted.pdf- • “It was noce [sic] being naked around everyone… but not everyone into playing ./_OFFICIAL_SENSITIVE__Hussain_Ifzal_SoS_decision_redacted.pdf- with their kids.” ./_OFFICIAL_SENSITIVE__Hussain_Ifzal_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Hussain_Ifzal_SoS_decision_redacted.pdf: • When asked whether being nudist was a sexual thing for him or not, he said: “Abit ./_OFFICIAL_SENSITIVE__Hussain_Ifzal_SoS_decision_redacted.pdf- [sic] of both… we enjoy being naked…but if it feel [sic] right to play we do” ./_OFFICIAL_SENSITIVE__Hussain_Ifzal_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Hussain_Ifzal_SoS_decision_redacted.pdf- • “Me and the [REDACTED] enjoy fucking infront [sic] [REDACTED]” ./_OFFICIAL_SENSITIVE__Hussain_Ifzal_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Hussain_Ifzal_SoS_decision_redacted.pdf- 7 ./_OFFICIAL_SENSITIVE__Hussain_Ifzal_SoS_decision_redacted.pdf- -- ./_OFFICIAL_SENSITIVE__Hussain_Ifzal_SoS_decision_redacted.pdf-people. This resulted in him creating a profile purporting to be a nudist [REDACTED]. Mr ./_OFFICIAL_SENSITIVE__Hussain_Ifzal_SoS_decision_redacted.pdf-Hussain did not deny that he had sent the messages described above. He explained that ./_OFFICIAL_SENSITIVE__Hussain_Ifzal_SoS_decision_redacted.pdf-the other user he was talking to turned out to be part of a police ‘sting’ operation. He also ./_OFFICIAL_SENSITIVE__Hussain_Ifzal_SoS_decision_redacted.pdf-said that, in reality, his profile and the things he said about [REDACTED] were untrue. He ./_OFFICIAL_SENSITIVE__Hussain_Ifzal_SoS_decision_redacted.pdf-said that he was saying things [REDACTED]; he did not see the chat as speaking about ./_OFFICIAL_SENSITIVE__Hussain_Ifzal_SoS_decision_redacted.pdf-child abuse. ./_OFFICIAL_SENSITIVE__Hussain_Ifzal_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Hussain_Ifzal_SoS_decision_redacted.pdf-The panel was not persuaded by the explanation Mr Hussain provided. It was clear from ./_OFFICIAL_SENSITIVE__Hussain_Ifzal_SoS_decision_redacted.pdf-the content of the messages that the communication between Mr Hussain and the other ./_OFFICIAL_SENSITIVE__Hussain_Ifzal_SoS_decision_redacted.pdf-user was inappropriate in nature and amounted to discussing carrying out the abuse of ./_OFFICIAL_SENSITIVE__Hussain_Ifzal_SoS_decision_redacted.pdf:children. The messages explicitly referred to touching children, having sexual intercourse ./_OFFICIAL_SENSITIVE__Hussain_Ifzal_SoS_decision_redacted.pdf-in front of them and, at one point, Mr Hussain appeared to make suggestions as to how ./_OFFICIAL_SENSITIVE__Hussain_Ifzal_SoS_decision_redacted.pdf-the other user might be able to abuse a child by arranging a sleepover and bathing ./_OFFICIAL_SENSITIVE__Hussain_Ifzal_SoS_decision_redacted.pdf-children together. ./_OFFICIAL_SENSITIVE__Hussain_Ifzal_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Hussain_Ifzal_SoS_decision_redacted.pdf-On examination of the evidence before it and on the balance of probabilities, the panel ./_OFFICIAL_SENSITIVE__Hussain_Ifzal_SoS_decision_redacted.pdf-found allegation 1 proven. ./_OFFICIAL_SENSITIVE__Hussain_Ifzal_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Hussain_Ifzal_SoS_decision_redacted.pdf:2. Your conduct at paragraph 1 was sexually motivated. ./_OFFICIAL_SENSITIVE__Hussain_Ifzal_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Hussain_Ifzal_SoS_decision_redacted.pdf:Mr Hussain denied allegation 2. He denied that his conduct was in any way sexually ./_OFFICIAL_SENSITIVE__Hussain_Ifzal_SoS_decision_redacted.pdf:motivated and he denied that it was done in pursuit of sexual gratification or a sexual ./_OFFICIAL_SENSITIVE__Hussain_Ifzal_SoS_decision_redacted.pdf-relationship. ./_OFFICIAL_SENSITIVE__Hussain_Ifzal_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Hussain_Ifzal_SoS_decision_redacted.pdf:He said that he was initially attracted to the swinger’s forum for sexual reasons but that ./_OFFICIAL_SENSITIVE__Hussain_Ifzal_SoS_decision_redacted.pdf-his motivation then changed. He explained that the majority of people on the site were ./_OFFICIAL_SENSITIVE__Hussain_Ifzal_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Hussain_Ifzal_SoS_decision_redacted.pdf- 8 ./_OFFICIAL_SENSITIVE__Hussain_Ifzal_SoS_decision_redacted.pdf- -- ./_OFFICIAL_SENSITIVE__Hussain_Ifzal_SoS_decision_redacted.pdf-‘fake profiles’ and he simply went along with the chat. [REDACTED], and he was trying to ./_OFFICIAL_SENSITIVE__Hussain_Ifzal_SoS_decision_redacted.pdf-get attention. He accepted he should have sought help earlier and became emotional ./_OFFICIAL_SENSITIVE__Hussain_Ifzal_SoS_decision_redacted.pdf-whilst giving evidence. ./_OFFICIAL_SENSITIVE__Hussain_Ifzal_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Hussain_Ifzal_SoS_decision_redacted.pdf-The panel’s attention was drawn to section 78 Sexual Offences Act 2003 and to the ./_OFFICIAL_SENSITIVE__Hussain_Ifzal_SoS_decision_redacted.pdf-cases of Sait v The General Medical Council [2018], Basson v General Medical Council ./_OFFICIAL_SENSITIVE__Hussain_Ifzal_SoS_decision_redacted.pdf-[2018] and The General Medical Council v Haris [2020] EWHC 2518. ./_OFFICIAL_SENSITIVE__Hussain_Ifzal_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Hussain_Ifzal_SoS_decision_redacted.pdf:The panel considered whether the conduct was sexually motivated. It noted guidance ./_OFFICIAL_SENSITIVE__Hussain_Ifzal_SoS_decision_redacted.pdf:from Basson that: “A sexual motive means that the conduct was done either in pursuit of ./_OFFICIAL_SENSITIVE__Hussain_Ifzal_SoS_decision_redacted.pdf:sexual gratification or in pursuit of a sexual relationship”. It also noted Haris, in which the ./_OFFICIAL_SENSITIVE__Hussain_Ifzal_SoS_decision_redacted.pdf-High Court indicated that the criteria in Basson sets the bar too high. Foster J stated: ./_OFFICIAL_SENSITIVE__Hussain_Ifzal_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Hussain_Ifzal_SoS_decision_redacted.pdf-“in the present case it is in my judgement clear beyond argument that the intimate ./_OFFICIAL_SENSITIVE__Hussain_Ifzal_SoS_decision_redacted.pdf:touching of Patients A and B was sexual and that answering a question as to the ./_OFFICIAL_SENSITIVE__Hussain_Ifzal_SoS_decision_redacted.pdf-motivation of the toucher, the only available answer, is yes, the motivation must have ./_OFFICIAL_SENSITIVE__Hussain_Ifzal_SoS_decision_redacted.pdf:been sexual[…]” ./_OFFICIAL_SENSITIVE__Hussain_Ifzal_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Hussain_Ifzal_SoS_decision_redacted.pdf-“Of course, there are significant differences in the context and the analogy is not exact, ./_OFFICIAL_SENSITIVE__Hussain_Ifzal_SoS_decision_redacted.pdf:but it does seem to me that pleading ‘sexual motivation’ is unhelpful. Similarly to look for ./_OFFICIAL_SENSITIVE__Hussain_Ifzal_SoS_decision_redacted.pdf:‘sexual gratification” may be misleading or overcomplicating. It is irrelevant to the actions ./_OFFICIAL_SENSITIVE__Hussain_Ifzal_SoS_decision_redacted.pdf:which the GMC would wish to proscribe whether or not the perpetrator was sexually ./_OFFICIAL_SENSITIVE__Hussain_Ifzal_SoS_decision_redacted.pdf-“gratified” at all – whether before, after or during the act in question. Gratification, as with ./_OFFICIAL_SENSITIVE__Hussain_Ifzal_SoS_decision_redacted.pdf-“pursuit of a relationship” are, pace the analysis of Mostyn J in Basson, not helpful in my ./_OFFICIAL_SENSITIVE__Hussain_Ifzal_SoS_decision_redacted.pdf-judgement in promoting the public interests at stake here. These criteria set the bar too ./_OFFICIAL_SENSITIVE__Hussain_Ifzal_SoS_decision_redacted.pdf-high and I respectfully disagree that they represent the law”. ./_OFFICIAL_SENSITIVE__Hussain_Ifzal_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Hussain_Ifzal_SoS_decision_redacted.pdf:“Had the touching been pleaded as being ‘sexual’ and had the Tribunal asked ./_OFFICIAL_SENSITIVE__Hussain_Ifzal_SoS_decision_redacted.pdf-themselves whether in all the circumstances, which includes the absence of accident[…] ./_OFFICIAL_SENSITIVE__Hussain_Ifzal_SoS_decision_redacted.pdf-absence of consent […] and any other clinical or other proper justification […] then it ./_OFFICIAL_SENSITIVE__Hussain_Ifzal_SoS_decision_redacted.pdf-seems to me impossible they would have reached any conclusion other than that the ./_OFFICIAL_SENSITIVE__Hussain_Ifzal_SoS_decision_redacted.pdf:touching was sexual”. ./_OFFICIAL_SENSITIVE__Hussain_Ifzal_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Hussain_Ifzal_SoS_decision_redacted.pdf-In light of the decision in Haris, the panel was not persuaded by the explanation Mr ./_OFFICIAL_SENSITIVE__Hussain_Ifzal_SoS_decision_redacted.pdf-Hussain provided. The messages Mr Hussain exchanged with the other user were overtly ./_OFFICIAL_SENSITIVE__Hussain_Ifzal_SoS_decision_redacted.pdf:sexual in nature; from the outset of their conversation they discussed being naked and ./_OFFICIAL_SENSITIVE__Hussain_Ifzal_SoS_decision_redacted.pdf:quickly moved on to discuss sexual acts and touching or ‘playing’ with children. ./_OFFICIAL_SENSITIVE__Hussain_Ifzal_SoS_decision_redacted.pdf-Furthermore, the initial messages were exchanged on Fab Swingers which, as a ./_OFFICIAL_SENSITIVE__Hussain_Ifzal_SoS_decision_redacted.pdf:swinger’s chat room, has clear sexual connotations. ./_OFFICIAL_SENSITIVE__Hussain_Ifzal_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Hussain_Ifzal_SoS_decision_redacted.pdf-In the panel’s view, it was more likely than not that Mr Hussain had joined the swinger’s ./_OFFICIAL_SENSITIVE__Hussain_Ifzal_SoS_decision_redacted.pdf-chat room and engaged in the conversation on or around 29 September 2021 for his own ./_OFFICIAL_SENSITIVE__Hussain_Ifzal_SoS_decision_redacted.pdf:sexual gratification and/or to pursue a sexual relationship. The messages explicitly ./_OFFICIAL_SENSITIVE__Hussain_Ifzal_SoS_decision_redacted.pdf:referred to touching or ‘playing’ with children, having sexual intercourse in front of them ./_OFFICIAL_SENSITIVE__Hussain_Ifzal_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Hussain_Ifzal_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Hussain_Ifzal_SoS_decision_redacted.pdf- 9 ./_OFFICIAL_SENSITIVE__Hussain_Ifzal_SoS_decision_redacted.pdf- -- ./_OFFICIAL_SENSITIVE__Hussain_Ifzal_SoS_decision_redacted.pdf-and, at one point, Mr Hussain appeared to make suggestions as to how the other user ./_OFFICIAL_SENSITIVE__Hussain_Ifzal_SoS_decision_redacted.pdf-might be able to abuse a child by arranging a sleepover and bathing children together. ./_OFFICIAL_SENSITIVE__Hussain_Ifzal_SoS_decision_redacted.pdf-The panel was of the view that there was no other credible reason for Mr Hussain’s ./_OFFICIAL_SENSITIVE__Hussain_Ifzal_SoS_decision_redacted.pdf-conduct and it therefore concluded that his conduct as described at allegation 1 was ./_OFFICIAL_SENSITIVE__Hussain_Ifzal_SoS_decision_redacted.pdf:sexually motivated. ./_OFFICIAL_SENSITIVE__Hussain_Ifzal_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Hussain_Ifzal_SoS_decision_redacted.pdf-On examination of the evidence before it and on the balance of probabilities, the panel ./_OFFICIAL_SENSITIVE__Hussain_Ifzal_SoS_decision_redacted.pdf-found allegation 2 proven. ./_OFFICIAL_SENSITIVE__Hussain_Ifzal_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Hussain_Ifzal_SoS_decision_redacted.pdf-Findings as to unacceptable professional conduct and/or conduct that ./_OFFICIAL_SENSITIVE__Hussain_Ifzal_SoS_decision_redacted.pdf-may bring the profession into disrepute ./_OFFICIAL_SENSITIVE__Hussain_Ifzal_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Hussain_Ifzal_SoS_decision_redacted.pdf-Having found the allegations proved, the panel went on to consider whether the facts of ./_OFFICIAL_SENSITIVE__Hussain_Ifzal_SoS_decision_redacted.pdf-the allegations amounted to unacceptable professional conduct and/or conduct that may ./_OFFICIAL_SENSITIVE__Hussain_Ifzal_SoS_decision_redacted.pdf-bring the profession into disrepute. -- ./_OFFICIAL_SENSITIVE__Hussain_Ifzal_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Hussain_Ifzal_SoS_decision_redacted.pdf-The panel was satisfied that Mr Hussain’s conduct amounted to misconduct of a serious ./_OFFICIAL_SENSITIVE__Hussain_Ifzal_SoS_decision_redacted.pdf-nature which fell significantly short of the standards expected of the profession. ./_OFFICIAL_SENSITIVE__Hussain_Ifzal_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Hussain_Ifzal_SoS_decision_redacted.pdf-The panel noted that the conduct took place outside of the education setting. However, ./_OFFICIAL_SENSITIVE__Hussain_Ifzal_SoS_decision_redacted.pdf-the panel was satisfied that it was relevant to Mr Hussain’s profession; as a teacher he ./_OFFICIAL_SENSITIVE__Hussain_Ifzal_SoS_decision_redacted.pdf-was responsible for safeguarding pupils yet he had engaged in a discussion about ./_OFFICIAL_SENSITIVE__Hussain_Ifzal_SoS_decision_redacted.pdf-carrying out the abuse of children. The panel was satisfied that this would have affected ./_OFFICIAL_SENSITIVE__Hussain_Ifzal_SoS_decision_redacted.pdf-the way he fulfilled his teaching role. ./_OFFICIAL_SENSITIVE__Hussain_Ifzal_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Hussain_Ifzal_SoS_decision_redacted.pdf:There was no doubt in the panel’s mind that engaging in inappropriate and sexually ./_OFFICIAL_SENSITIVE__Hussain_Ifzal_SoS_decision_redacted.pdf-motivated communications about child abuse constituted serious misconduct. ./_OFFICIAL_SENSITIVE__Hussain_Ifzal_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Hussain_Ifzal_SoS_decision_redacted.pdf-Accordingly, the panel was satisfied that Mr Hussain was guilty of unacceptable ./_OFFICIAL_SENSITIVE__Hussain_Ifzal_SoS_decision_redacted.pdf-professional conduct. ./_OFFICIAL_SENSITIVE__Hussain_Ifzal_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Hussain_Ifzal_SoS_decision_redacted.pdf- 10 ./_OFFICIAL_SENSITIVE__Hussain_Ifzal_SoS_decision_redacted.pdf- -- ./_OFFICIAL_SENSITIVE__Hussain_Ifzal_SoS_decision_redacted.pdf-The panel took into account the way the teaching profession is viewed by others and ./_OFFICIAL_SENSITIVE__Hussain_Ifzal_SoS_decision_redacted.pdf-considered the influence that teachers may have on pupils, parents and others in the ./_OFFICIAL_SENSITIVE__Hussain_Ifzal_SoS_decision_redacted.pdf-community. The panel also took account of the uniquely influential role that teachers can ./_OFFICIAL_SENSITIVE__Hussain_Ifzal_SoS_decision_redacted.pdf-hold in pupils’ lives and the fact that pupils must be able to view teachers as role models ./_OFFICIAL_SENSITIVE__Hussain_Ifzal_SoS_decision_redacted.pdf-in the way that they behave. ./_OFFICIAL_SENSITIVE__Hussain_Ifzal_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Hussain_Ifzal_SoS_decision_redacted.pdf-The findings of misconduct are serious, and the conduct displayed would be likely to ./_OFFICIAL_SENSITIVE__Hussain_Ifzal_SoS_decision_redacted.pdf-have a negative impact on Mr Hussain’s status as a teacher, potentially damaging the ./_OFFICIAL_SENSITIVE__Hussain_Ifzal_SoS_decision_redacted.pdf-public perception. The public would not expect a teacher to engage in inappropriate and ./_OFFICIAL_SENSITIVE__Hussain_Ifzal_SoS_decision_redacted.pdf:sexually motivated communications about child abuse. ./_OFFICIAL_SENSITIVE__Hussain_Ifzal_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Hussain_Ifzal_SoS_decision_redacted.pdf-The panel therefore found that Mr Hussain’s actions constituted conduct that may bring ./_OFFICIAL_SENSITIVE__Hussain_Ifzal_SoS_decision_redacted.pdf-the profession into disrepute. ./_OFFICIAL_SENSITIVE__Hussain_Ifzal_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Hussain_Ifzal_SoS_decision_redacted.pdf-Having found the facts of allegations 1 and 2 proved, the panel further found that Mr ./_OFFICIAL_SENSITIVE__Hussain_Ifzal_SoS_decision_redacted.pdf-Hussain’s conduct amounted to both unacceptable professional conduct and conduct that ./_OFFICIAL_SENSITIVE__Hussain_Ifzal_SoS_decision_redacted.pdf-may bring the profession into disrepute. ./_OFFICIAL_SENSITIVE__Hussain_Ifzal_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Hussain_Ifzal_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Hussain_Ifzal_SoS_decision_redacted.pdf-Panel’s recommendation to the Secretary of State -- ./_OFFICIAL_SENSITIVE__Hussain_Ifzal_SoS_decision_redacted.pdf-or to show that blame has been apportioned, although they are likely to have punitive ./_OFFICIAL_SENSITIVE__Hussain_Ifzal_SoS_decision_redacted.pdf-effect. ./_OFFICIAL_SENSITIVE__Hussain_Ifzal_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Hussain_Ifzal_SoS_decision_redacted.pdf-The panel had regard to the particular public interest considerations set out in the Advice ./_OFFICIAL_SENSITIVE__Hussain_Ifzal_SoS_decision_redacted.pdf-and, having done so, found the following to be relevant in this case: the safeguarding and ./_OFFICIAL_SENSITIVE__Hussain_Ifzal_SoS_decision_redacted.pdf-wellbeing of pupils and the protection of other members of the public; the maintenance of ./_OFFICIAL_SENSITIVE__Hussain_Ifzal_SoS_decision_redacted.pdf-public confidence in the profession; declaring and upholding proper standards of conduct; ./_OFFICIAL_SENSITIVE__Hussain_Ifzal_SoS_decision_redacted.pdf-and that prohibition strikes the right balance between the rights of the teacher and the ./_OFFICIAL_SENSITIVE__Hussain_Ifzal_SoS_decision_redacted.pdf-public interest, if they are in conflict. ./_OFFICIAL_SENSITIVE__Hussain_Ifzal_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Hussain_Ifzal_SoS_decision_redacted.pdf:The panel’s findings against Mr Hussain involved engaging in inappropriate and sexually ./_OFFICIAL_SENSITIVE__Hussain_Ifzal_SoS_decision_redacted.pdf-motivated communications about child abuse. There was therefore a strong public ./_OFFICIAL_SENSITIVE__Hussain_Ifzal_SoS_decision_redacted.pdf-interest consideration in respect of the protection of pupils and members of the public. ./_OFFICIAL_SENSITIVE__Hussain_Ifzal_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Hussain_Ifzal_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Hussain_Ifzal_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Hussain_Ifzal_SoS_decision_redacted.pdf- 11 ./_OFFICIAL_SENSITIVE__Hussain_Ifzal_SoS_decision_redacted.pdf- -- ./_OFFICIAL_SENSITIVE__Hussain_Ifzal_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Hussain_Ifzal_SoS_decision_redacted.pdf-In carrying out the balancing exercise, the panel had regard to the public interest ./_OFFICIAL_SENSITIVE__Hussain_Ifzal_SoS_decision_redacted.pdf-considerations both in favour of, and against, prohibition as well as the interests of Mr ./_OFFICIAL_SENSITIVE__Hussain_Ifzal_SoS_decision_redacted.pdf-Hussain. The panel took further account of the Advice, which suggests that a prohibition ./_OFFICIAL_SENSITIVE__Hussain_Ifzal_SoS_decision_redacted.pdf-order may be appropriate if certain behaviours of a teacher have been proved. In the list ./_OFFICIAL_SENSITIVE__Hussain_Ifzal_SoS_decision_redacted.pdf-of such behaviours, those that were relevant in this case were: ./_OFFICIAL_SENSITIVE__Hussain_Ifzal_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Hussain_Ifzal_SoS_decision_redacted.pdf- • serious departure from the personal and professional conduct elements of the ./_OFFICIAL_SENSITIVE__Hussain_Ifzal_SoS_decision_redacted.pdf- Teachers’ Standards; ./_OFFICIAL_SENSITIVE__Hussain_Ifzal_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Hussain_Ifzal_SoS_decision_redacted.pdf: • sexual misconduct, for example, involving actions that were sexually motivated or ./_OFFICIAL_SENSITIVE__Hussain_Ifzal_SoS_decision_redacted.pdf: of a sexual nature and/or that use or exploit the trust, knowledge or influence ./_OFFICIAL_SENSITIVE__Hussain_Ifzal_SoS_decision_redacted.pdf- derived from the individual’s professional position; ./_OFFICIAL_SENSITIVE__Hussain_Ifzal_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Hussain_Ifzal_SoS_decision_redacted.pdf-Even though some of the behaviour found proved in this case indicated that a prohibition ./_OFFICIAL_SENSITIVE__Hussain_Ifzal_SoS_decision_redacted.pdf-order would be appropriate, the panel went on to consider the mitigating factors. ./_OFFICIAL_SENSITIVE__Hussain_Ifzal_SoS_decision_redacted.pdf-Mitigating factors may indicate that a prohibition order would not be appropriate or ./_OFFICIAL_SENSITIVE__Hussain_Ifzal_SoS_decision_redacted.pdf-proportionate. ./_OFFICIAL_SENSITIVE__Hussain_Ifzal_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Hussain_Ifzal_SoS_decision_redacted.pdf-The panel concluded that Mr Hussain’s actions were deliberate; he deliberately sent ./_OFFICIAL_SENSITIVE__Hussain_Ifzal_SoS_decision_redacted.pdf:messages that were inappropriate, sexually motivated and discussed child abuse. ./_OFFICIAL_SENSITIVE__Hussain_Ifzal_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Hussain_Ifzal_SoS_decision_redacted.pdf-There was no evidence to suggest that Mr Hussain was acting under extreme duress. ./_OFFICIAL_SENSITIVE__Hussain_Ifzal_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Hussain_Ifzal_SoS_decision_redacted.pdf-No evidence was submitted to attest to Mr Hussain’s history or ability as a teacher. No ./_OFFICIAL_SENSITIVE__Hussain_Ifzal_SoS_decision_redacted.pdf-evidence was submitted which indicated that Mr Hussain demonstrated exceptionally ./_OFFICIAL_SENSITIVE__Hussain_Ifzal_SoS_decision_redacted.pdf-high standards in personal and professional conduct, or that he had contributed ./_OFFICIAL_SENSITIVE__Hussain_Ifzal_SoS_decision_redacted.pdf-significantly to the education sector. ./_OFFICIAL_SENSITIVE__Hussain_Ifzal_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Hussain_Ifzal_SoS_decision_redacted.pdf-Mr Hussain did not submit any mitigation evidence, although, as set out above, in oral ./_OFFICIAL_SENSITIVE__Hussain_Ifzal_SoS_decision_redacted.pdf-evidence he told the panel about [REDACTED]. Whilst the panel acknowledged this -- ./_OFFICIAL_SENSITIVE__Hussain_Ifzal_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Hussain_Ifzal_SoS_decision_redacted.pdf-The panel went on to consider whether or not it would be appropriate for it to decide to ./_OFFICIAL_SENSITIVE__Hussain_Ifzal_SoS_decision_redacted.pdf-recommend a review period of the order. The panel was mindful that the Advice states ./_OFFICIAL_SENSITIVE__Hussain_Ifzal_SoS_decision_redacted.pdf-that a prohibition order applies for life, but there may be circumstances, in any given ./_OFFICIAL_SENSITIVE__Hussain_Ifzal_SoS_decision_redacted.pdf-case, that may make it appropriate to allow a teacher to apply to have the prohibition ./_OFFICIAL_SENSITIVE__Hussain_Ifzal_SoS_decision_redacted.pdf-order reviewed after a specified period of time that may not be less than 2 years. ./_OFFICIAL_SENSITIVE__Hussain_Ifzal_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Hussain_Ifzal_SoS_decision_redacted.pdf-The panel considered the list of behaviours at paragraph 50 of the Advice. The Advice ./_OFFICIAL_SENSITIVE__Hussain_Ifzal_SoS_decision_redacted.pdf-states that where a case involves such behaviours, it is likely that the public interest will ./_OFFICIAL_SENSITIVE__Hussain_Ifzal_SoS_decision_redacted.pdf-have greater relevance and weight in favour of not offering a review period. On the basis ./_OFFICIAL_SENSITIVE__Hussain_Ifzal_SoS_decision_redacted.pdf:that Mr Hussain’s actions were sexually motivated and had the potential to result in harm ./_OFFICIAL_SENSITIVE__Hussain_Ifzal_SoS_decision_redacted.pdf-to children, the panel found the following to be relevant: ./_OFFICIAL_SENSITIVE__Hussain_Ifzal_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Hussain_Ifzal_SoS_decision_redacted.pdf- 13 ./_OFFICIAL_SENSITIVE__Hussain_Ifzal_SoS_decision_redacted.pdf- -- ./_OFFICIAL_SENSITIVE__Hussain_Ifzal_SoS_decision_redacted.pdf: • serious sexual misconduct e.g. where the act was sexually motivated and resulted ./_OFFICIAL_SENSITIVE__Hussain_Ifzal_SoS_decision_redacted.pdf- in, or had the potential to result in, harm to a person or persons particularly where ./_OFFICIAL_SENSITIVE__Hussain_Ifzal_SoS_decision_redacted.pdf- the individual has used their professional position to influence or exploit a person ./_OFFICIAL_SENSITIVE__Hussain_Ifzal_SoS_decision_redacted.pdf- or persons ./_OFFICIAL_SENSITIVE__Hussain_Ifzal_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Hussain_Ifzal_SoS_decision_redacted.pdf-The panel decided that the findings indicated a situation in which a review period would ./_OFFICIAL_SENSITIVE__Hussain_Ifzal_SoS_decision_redacted.pdf-not be appropriate; the misconduct was very serious and the panel considered that, in ./_OFFICIAL_SENSITIVE__Hussain_Ifzal_SoS_decision_redacted.pdf-light of the public interest, it would be proportionate, in all the circumstances, for the ./_OFFICIAL_SENSITIVE__Hussain_Ifzal_SoS_decision_redacted.pdf-prohibition order to be recommended without provisions for a review period. ./_OFFICIAL_SENSITIVE__Hussain_Ifzal_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Hussain_Ifzal_SoS_decision_redacted.pdf- -- ./_OFFICIAL_SENSITIVE__Hussain_Ifzal_SoS_decision_redacted.pdf- o having regard for the need to safeguard pupils’ well-being, in accordance ./_OFFICIAL_SENSITIVE__Hussain_Ifzal_SoS_decision_redacted.pdf- with statutory provisions ./_OFFICIAL_SENSITIVE__Hussain_Ifzal_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Hussain_Ifzal_SoS_decision_redacted.pdf- • Teachers must have an understanding of, and always act within, the statutory ./_OFFICIAL_SENSITIVE__Hussain_Ifzal_SoS_decision_redacted.pdf- frameworks which set out their professional duties and responsibilities. ./_OFFICIAL_SENSITIVE__Hussain_Ifzal_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Hussain_Ifzal_SoS_decision_redacted.pdf-The panel finds that the conduct of Mr Hussain fell significantly short of the standards ./_OFFICIAL_SENSITIVE__Hussain_Ifzal_SoS_decision_redacted.pdf-expected of the profession. ./_OFFICIAL_SENSITIVE__Hussain_Ifzal_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Hussain_Ifzal_SoS_decision_redacted.pdf-The findings of misconduct are particularly serious as they include a finding of engaging ./_OFFICIAL_SENSITIVE__Hussain_Ifzal_SoS_decision_redacted.pdf:in inappropriate and sexually motivated communications about child abuse. ./_OFFICIAL_SENSITIVE__Hussain_Ifzal_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Hussain_Ifzal_SoS_decision_redacted.pdf-I have to determine whether the imposition of a prohibition order is proportionate and in ./_OFFICIAL_SENSITIVE__Hussain_Ifzal_SoS_decision_redacted.pdf-the public interest. In considering that for this case, I have considered the overall aim of a ./_OFFICIAL_SENSITIVE__Hussain_Ifzal_SoS_decision_redacted.pdf-prohibition order which is to protect pupils and to maintain public confidence in the ./_OFFICIAL_SENSITIVE__Hussain_Ifzal_SoS_decision_redacted.pdf-profession. I have considered the extent to which a prohibition order in this case would ./_OFFICIAL_SENSITIVE__Hussain_Ifzal_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Hussain_Ifzal_SoS_decision_redacted.pdf- 14 ./_OFFICIAL_SENSITIVE__Hussain_Ifzal_SoS_decision_redacted.pdf- -- ./_OFFICIAL_SENSITIVE__Hussain_Ifzal_SoS_decision_redacted.pdf-might be able to gain access to a child to abuse them. Whilst, thankfully, the person he ./_OFFICIAL_SENSITIVE__Hussain_Ifzal_SoS_decision_redacted.pdf-was speaking to was part of a police ‘sting’ operation, Mr Hussain did not know this at the ./_OFFICIAL_SENSITIVE__Hussain_Ifzal_SoS_decision_redacted.pdf-time and did not appear to appreciate the potentially serious implications of the things he ./_OFFICIAL_SENSITIVE__Hussain_Ifzal_SoS_decision_redacted.pdf-had said during the conversation.” In my judgement, the lack of full insight and remorse ./_OFFICIAL_SENSITIVE__Hussain_Ifzal_SoS_decision_redacted.pdf-means that there is some risk of the repetition of this behaviour and this puts at risk the ./_OFFICIAL_SENSITIVE__Hussain_Ifzal_SoS_decision_redacted.pdf-future wellbeing of pupils. I have therefore given this element considerable weight in ./_OFFICIAL_SENSITIVE__Hussain_Ifzal_SoS_decision_redacted.pdf-reaching my decision. ./_OFFICIAL_SENSITIVE__Hussain_Ifzal_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Hussain_Ifzal_SoS_decision_redacted.pdf-I have gone on to consider the extent to which a prohibition order would maintain public ./_OFFICIAL_SENSITIVE__Hussain_Ifzal_SoS_decision_redacted.pdf-confidence in the profession. The panel observe, “findings against Mr Hussain involved ./_OFFICIAL_SENSITIVE__Hussain_Ifzal_SoS_decision_redacted.pdf:engaging in inappropriate and sexually motivated communications about child abuse. ./_OFFICIAL_SENSITIVE__Hussain_Ifzal_SoS_decision_redacted.pdf-There was therefore a strong public interest consideration in respect of the protection of ./_OFFICIAL_SENSITIVE__Hussain_Ifzal_SoS_decision_redacted.pdf-pupils and members of the public. ./_OFFICIAL_SENSITIVE__Hussain_Ifzal_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Hussain_Ifzal_SoS_decision_redacted.pdf-Similarly, the panel considered that “…public confidence in the profession could be ./_OFFICIAL_SENSITIVE__Hussain_Ifzal_SoS_decision_redacted.pdf-seriously weakened if conduct such as that found against Mr Hussain was not treated ./_OFFICIAL_SENSITIVE__Hussain_Ifzal_SoS_decision_redacted.pdf-with the utmost seriousness when regulating the conduct of the profession.” I am ./_OFFICIAL_SENSITIVE__Hussain_Ifzal_SoS_decision_redacted.pdf-particularly mindful of the finding of inappropriate discussions about abusing children in ./_OFFICIAL_SENSITIVE__Hussain_Ifzal_SoS_decision_redacted.pdf-this case and the impact that such a finding has on the reputation of the profession. ./_OFFICIAL_SENSITIVE__Hussain_Ifzal_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Hussain_Ifzal_SoS_decision_redacted.pdf-I have had to consider that the public has a high expectation of professional standards of -- ./_OFFICIAL_SENSITIVE__Hussain_Ifzal_SoS_decision_redacted.pdf-also clearly deprive the public of his contribution to the profession for the period that it is ./_OFFICIAL_SENSITIVE__Hussain_Ifzal_SoS_decision_redacted.pdf-in force. ./_OFFICIAL_SENSITIVE__Hussain_Ifzal_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Hussain_Ifzal_SoS_decision_redacted.pdf-In this case, I have placed considerable weight on the panel’s comments concerning the ./_OFFICIAL_SENSITIVE__Hussain_Ifzal_SoS_decision_redacted.pdf-lack of insight or remorse. The panel has said, ““The panel was not satisfied that Mr ./_OFFICIAL_SENSITIVE__Hussain_Ifzal_SoS_decision_redacted.pdf-Hussain demonstrated sufficient insight or remorse in respect of this matter, or that he ./_OFFICIAL_SENSITIVE__Hussain_Ifzal_SoS_decision_redacted.pdf-understood the gravity of his misconduct.” ./_OFFICIAL_SENSITIVE__Hussain_Ifzal_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Hussain_Ifzal_SoS_decision_redacted.pdf-I have also placed considerable weight on the finding that “In the panel’s view, it was ./_OFFICIAL_SENSITIVE__Hussain_Ifzal_SoS_decision_redacted.pdf-more likely than not that Mr Hussain had joined the swinger’s chat room and engaged in ./_OFFICIAL_SENSITIVE__Hussain_Ifzal_SoS_decision_redacted.pdf:the conversation on or around 29 September 2021 for his own sexual gratification and/or ./_OFFICIAL_SENSITIVE__Hussain_Ifzal_SoS_decision_redacted.pdf:to pursue a sexual relationship. The messages explicitly referred to touching or ‘playing’ ./_OFFICIAL_SENSITIVE__Hussain_Ifzal_SoS_decision_redacted.pdf:with children, having sexual intercourse in front of them and, at one point, Mr Hussain ./_OFFICIAL_SENSITIVE__Hussain_Ifzal_SoS_decision_redacted.pdf-appeared to make suggestions as to how the other user might be able to abuse a child ./_OFFICIAL_SENSITIVE__Hussain_Ifzal_SoS_decision_redacted.pdf-by arranging a sleepover and bathing children together. The panel was of the view that ./_OFFICIAL_SENSITIVE__Hussain_Ifzal_SoS_decision_redacted.pdf-there was no other credible reason for Mr Hussain’s conduct and it therefore concluded ./_OFFICIAL_SENSITIVE__Hussain_Ifzal_SoS_decision_redacted.pdf:that his conduct as described at allegation 1 was sexually motivated” ./_OFFICIAL_SENSITIVE__Hussain_Ifzal_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Hussain_Ifzal_SoS_decision_redacted.pdf-I have given less weight in my consideration of sanction therefore, to the contribution that ./_OFFICIAL_SENSITIVE__Hussain_Ifzal_SoS_decision_redacted.pdf-Mr Hussain has made to the profession. In my view, it is necessary to impose a ./_OFFICIAL_SENSITIVE__Hussain_Ifzal_SoS_decision_redacted.pdf-prohibition order in order to maintain public confidence in the profession. A published ./_OFFICIAL_SENSITIVE__Hussain_Ifzal_SoS_decision_redacted.pdf-decision, in light of the serious circumstances in this case, that is not backed up by full ./_OFFICIAL_SENSITIVE__Hussain_Ifzal_SoS_decision_redacted.pdf-remorse or insight, does not in my view satisfy the public interest requirement concerning ./_OFFICIAL_SENSITIVE__Hussain_Ifzal_SoS_decision_redacted.pdf-public confidence in the profession. ./_OFFICIAL_SENSITIVE__Hussain_Ifzal_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Hussain_Ifzal_SoS_decision_redacted.pdf-For these reasons, I have concluded that a prohibition order is proportionate and in the ./_OFFICIAL_SENSITIVE__Hussain_Ifzal_SoS_decision_redacted.pdf-public interest in order to achieve the intended aims of a prohibition order. -- ./_OFFICIAL_SENSITIVE__Hussain_Ifzal_SoS_decision_redacted.pdf-I have gone on to consider the matter of a review period. In this case, the panel has ./_OFFICIAL_SENSITIVE__Hussain_Ifzal_SoS_decision_redacted.pdf-recommended that no provision should be made for a review period. ./_OFFICIAL_SENSITIVE__Hussain_Ifzal_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Hussain_Ifzal_SoS_decision_redacted.pdf-I have considered the panel’s comments “The panel considered the list of behaviours at ./_OFFICIAL_SENSITIVE__Hussain_Ifzal_SoS_decision_redacted.pdf-paragraph 50 of the Advice. The Advice states that where a case involves such ./_OFFICIAL_SENSITIVE__Hussain_Ifzal_SoS_decision_redacted.pdf-behaviours, it is likely that the public interest will have greater relevance and weight in ./_OFFICIAL_SENSITIVE__Hussain_Ifzal_SoS_decision_redacted.pdf-favour of not offering a review period. On the basis that Mr Hussain’s actions were ./_OFFICIAL_SENSITIVE__Hussain_Ifzal_SoS_decision_redacted.pdf:sexually motivated and had the potential to result in harm to children, the panel found the ./_OFFICIAL_SENSITIVE__Hussain_Ifzal_SoS_decision_redacted.pdf-following to be relevant: ./_OFFICIAL_SENSITIVE__Hussain_Ifzal_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Hussain_Ifzal_SoS_decision_redacted.pdf: • serious sexual misconduct e.g. where the act was sexually motivated and resulted ./_OFFICIAL_SENSITIVE__Hussain_Ifzal_SoS_decision_redacted.pdf- in, or had the potential to result in, harm to a person or persons particularly where ./_OFFICIAL_SENSITIVE__Hussain_Ifzal_SoS_decision_redacted.pdf- the individual has used their professional position to influence or exploit a person ./_OFFICIAL_SENSITIVE__Hussain_Ifzal_SoS_decision_redacted.pdf- or persons” ./_OFFICIAL_SENSITIVE__Hussain_Ifzal_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Hussain_Ifzal_SoS_decision_redacted.pdf-In this case, factors mean that allowing a review period is not sufficient to achieve the ./_OFFICIAL_SENSITIVE__Hussain_Ifzal_SoS_decision_redacted.pdf-aim of maintaining public confidence in the profession. These elements are the ./_OFFICIAL_SENSITIVE__Hussain_Ifzal_SoS_decision_redacted.pdf-seriousness of the findings, involving discussions about child abuse and the lack of full ./_OFFICIAL_SENSITIVE__Hussain_Ifzal_SoS_decision_redacted.pdf-insight and remorse. ./_OFFICIAL_SENSITIVE__Hussain_Ifzal_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Hussain_Ifzal_SoS_decision_redacted.pdf-I consider therefore that allowing for no review period is necessary to maintain public ./_OFFICIAL_SENSITIVE__Iqbal_Faisal_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Iqbal_Faisal_SoS_decision_redacted.pdf- • Documentation relating to Mr Iqbal’s health. ./_OFFICIAL_SENSITIVE__Iqbal_Faisal_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Iqbal_Faisal_SoS_decision_redacted.pdf-Individual G’s representative applied to admit the following documents: ./_OFFICIAL_SENSITIVE__Iqbal_Faisal_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Iqbal_Faisal_SoS_decision_redacted.pdf- • Witness statement of Individual G. ./_OFFICIAL_SENSITIVE__Iqbal_Faisal_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Iqbal_Faisal_SoS_decision_redacted.pdf- • 10 character references ./_OFFICIAL_SENSITIVE__Iqbal_Faisal_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Iqbal_Faisal_SoS_decision_redacted.pdf- • Certificates of achievement for digital safety awareness, Keeping Children Safe in ./_OFFICIAL_SENSITIVE__Iqbal_Faisal_SoS_decision_redacted.pdf: Education, Prevent training, child on child sexual violence, abuse and harassment ./_OFFICIAL_SENSITIVE__Iqbal_Faisal_SoS_decision_redacted.pdf- and fire safety awareness. ./_OFFICIAL_SENSITIVE__Iqbal_Faisal_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Iqbal_Faisal_SoS_decision_redacted.pdf-Individual H’s representative applied to admit the following documents: ./_OFFICIAL_SENSITIVE__Iqbal_Faisal_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Iqbal_Faisal_SoS_decision_redacted.pdf- • Witness statement of Individual H. ./_OFFICIAL_SENSITIVE__Iqbal_Faisal_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Iqbal_Faisal_SoS_decision_redacted.pdf- • Witness statement of Witness J. ./_OFFICIAL_SENSITIVE__Iqbal_Faisal_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Iqbal_Faisal_SoS_decision_redacted.pdf- • 3 character references ./_OFFICIAL_SENSITIVE__Iqbal_Faisal_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Jackson_Daniel_SoS_decision_redacted.pdf-Allegations ./_OFFICIAL_SENSITIVE__Jackson_Daniel_SoS_decision_redacted.pdf-The panel considered the allegations set out in the notice of meeting dated 22 December ./_OFFICIAL_SENSITIVE__Jackson_Daniel_SoS_decision_redacted.pdf-2022. ./_OFFICIAL_SENSITIVE__Jackson_Daniel_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Jackson_Daniel_SoS_decision_redacted.pdf-It was alleged that Mr David Jackson was guilty of unacceptable professional conduct ./_OFFICIAL_SENSITIVE__Jackson_Daniel_SoS_decision_redacted.pdf-and/or conduct that may bring the profession into disrepute in that, while employed as a ./_OFFICIAL_SENSITIVE__Jackson_Daniel_SoS_decision_redacted.pdf-teacher at St Mary's Independent School: ./_OFFICIAL_SENSITIVE__Jackson_Daniel_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Jackson_Daniel_SoS_decision_redacted.pdf- 1. Between around 6 - 8 November 2019, he engaged in conversations of an ./_OFFICIAL_SENSITIVE__Jackson_Daniel_SoS_decision_redacted.pdf: inappropriate and/or sexual nature via the online chat room ‘Just-Teens’ using a school ./_OFFICIAL_SENSITIVE__Jackson_Daniel_SoS_decision_redacted.pdf- laptop. ./_OFFICIAL_SENSITIVE__Jackson_Daniel_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Jackson_Daniel_SoS_decision_redacted.pdf: 2. His conduct at 1 above was sexually motivated. ./_OFFICIAL_SENSITIVE__Jackson_Daniel_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Jackson_Daniel_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Jackson_Daniel_SoS_decision_redacted.pdf-Mr Jackson admitted the alleged facts and also admitted that his conduct amounted to ./_OFFICIAL_SENSITIVE__Jackson_Daniel_SoS_decision_redacted.pdf-unacceptable professional conduct and conduct that may bring the profession into ./_OFFICIAL_SENSITIVE__Jackson_Daniel_SoS_decision_redacted.pdf-disrepute. Mr Jackson signed a statement of agreed facts to that effect. ./_OFFICIAL_SENSITIVE__Jackson_Daniel_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Jackson_Daniel_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Jackson_Daniel_SoS_decision_redacted.pdf-Preliminary applications ./_OFFICIAL_SENSITIVE__Jackson_Daniel_SoS_decision_redacted.pdf-There were no preliminary applications. ./_OFFICIAL_SENSITIVE__Jackson_Daniel_SoS_decision_redacted.pdf- -- ./_OFFICIAL_SENSITIVE__Jackson_Daniel_SoS_decision_redacted.pdf-In advance of the meeting, the TRA agreed to a request from Mr Daniel Jackson for the ./_OFFICIAL_SENSITIVE__Jackson_Daniel_SoS_decision_redacted.pdf-allegations to be considered without a hearing. The panel had the ability to direct that the ./_OFFICIAL_SENSITIVE__Jackson_Daniel_SoS_decision_redacted.pdf-case be considered at a hearing if required in the interests of justice or in the public ./_OFFICIAL_SENSITIVE__Jackson_Daniel_SoS_decision_redacted.pdf-interest. The panel did not determine that such a direction was necessary or appropriate ./_OFFICIAL_SENSITIVE__Jackson_Daniel_SoS_decision_redacted.pdf-in this case. ./_OFFICIAL_SENSITIVE__Jackson_Daniel_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Jackson_Daniel_SoS_decision_redacted.pdf-Mr Jackson was employed at St Mary's Independent School ("the School") from 1 ./_OFFICIAL_SENSITIVE__Jackson_Daniel_SoS_decision_redacted.pdf-September 2010 until 30 December 2019 as a Chemistry Teacher. ./_OFFICIAL_SENSITIVE__Jackson_Daniel_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Jackson_Daniel_SoS_decision_redacted.pdf-On 7 November 2019 the School's e-safe monitoring system detected that Mr Jackson's ./_OFFICIAL_SENSITIVE__Jackson_Daniel_SoS_decision_redacted.pdf:work laptop had accessed a site called 'Just-Teens' and highlighted sexual ./_OFFICIAL_SENSITIVE__Jackson_Daniel_SoS_decision_redacted.pdf-communication which appeared to be with a child. The School obtained screenshots from ./_OFFICIAL_SENSITIVE__Jackson_Daniel_SoS_decision_redacted.pdf-their e-safe monitoring system showing the suspected chat room conversations. These ./_OFFICIAL_SENSITIVE__Jackson_Daniel_SoS_decision_redacted.pdf-were provided to the police. ./_OFFICIAL_SENSITIVE__Jackson_Daniel_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Jackson_Daniel_SoS_decision_redacted.pdf-The police seized electronic devices in Mr Jackson's possession, including his school ./_OFFICIAL_SENSITIVE__Jackson_Daniel_SoS_decision_redacted.pdf-laptop, mobile phone and several electronic storage devices. Mr Jackson was ./_OFFICIAL_SENSITIVE__Jackson_Daniel_SoS_decision_redacted.pdf-interviewed by the police on 8 November 2019 but provided no comment. He was ./_OFFICIAL_SENSITIVE__Jackson_Daniel_SoS_decision_redacted.pdf-released without charge or bail pending further investigation. ./_OFFICIAL_SENSITIVE__Jackson_Daniel_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Jackson_Daniel_SoS_decision_redacted.pdf-On 26 November 2019, Mr Jackson sent a letter to the School in which he resigned from -- ./_OFFICIAL_SENSITIVE__Jackson_Daniel_SoS_decision_redacted.pdf-evidence was found which gave rise to an offence. The police were unable to obtain any ./_OFFICIAL_SENSITIVE__Jackson_Daniel_SoS_decision_redacted.pdf-further information from the 'Just-Teens' chatroom or host site and therefore were unable ./_OFFICIAL_SENSITIVE__Jackson_Daniel_SoS_decision_redacted.pdf-to confirm the ages of the individuals that Mr Jackson had corresponded with. ./_OFFICIAL_SENSITIVE__Jackson_Daniel_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Jackson_Daniel_SoS_decision_redacted.pdf-The police investigation concluded in around August/September 2020 with no further ./_OFFICIAL_SENSITIVE__Jackson_Daniel_SoS_decision_redacted.pdf-action being taken. Whilst the police were unable to support a prosecution, they ./_OFFICIAL_SENSITIVE__Jackson_Daniel_SoS_decision_redacted.pdf-considered there were sufficient links to indicate that Mr Jackson used a work laptop to ./_OFFICIAL_SENSITIVE__Jackson_Daniel_SoS_decision_redacted.pdf-hold inappropriate conversations with suspected teenage girls (both under and over 18 ./_OFFICIAL_SENSITIVE__Jackson_Daniel_SoS_decision_redacted.pdf-years old). The Police considered that Mr Jackson posed a potential risk to children and ./_OFFICIAL_SENSITIVE__Jackson_Daniel_SoS_decision_redacted.pdf-therefore he was issued with a C5 Notice (a notice indicating police concerns about a ./_OFFICIAL_SENSITIVE__Jackson_Daniel_SoS_decision_redacted.pdf:person's sexual behaviour) on 13 October 2020. ./_OFFICIAL_SENSITIVE__Jackson_Daniel_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Jackson_Daniel_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Jackson_Daniel_SoS_decision_redacted.pdf- 5 ./_OFFICIAL_SENSITIVE__Jackson_Daniel_SoS_decision_redacted.pdf- -- ./_OFFICIAL_SENSITIVE__Jackson_Daniel_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Jackson_Daniel_SoS_decision_redacted.pdf-Findings of fact ./_OFFICIAL_SENSITIVE__Jackson_Daniel_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Jackson_Daniel_SoS_decision_redacted.pdf-The findings of fact are as follows: ./_OFFICIAL_SENSITIVE__Jackson_Daniel_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Jackson_Daniel_SoS_decision_redacted.pdf-It was alleged that you were guilty of unacceptable professional conduct and/or ./_OFFICIAL_SENSITIVE__Jackson_Daniel_SoS_decision_redacted.pdf-conduct that may bring the profession into disrepute in that, while employed as a ./_OFFICIAL_SENSITIVE__Jackson_Daniel_SoS_decision_redacted.pdf-teacher at St Mary's Independent School: ./_OFFICIAL_SENSITIVE__Jackson_Daniel_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Jackson_Daniel_SoS_decision_redacted.pdf- 1. Between around 6 – 8 November 2019, you engaged in conversations of an ./_OFFICIAL_SENSITIVE__Jackson_Daniel_SoS_decision_redacted.pdf: inappropriate and/or sexual nature via the online chat room ‘Just-Teens’ using ./_OFFICIAL_SENSITIVE__Jackson_Daniel_SoS_decision_redacted.pdf- a school laptop. ./_OFFICIAL_SENSITIVE__Jackson_Daniel_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Jackson_Daniel_SoS_decision_redacted.pdf-Mr Jackson admitted that between around 6 to 8 November 2019, he engaged in ./_OFFICIAL_SENSITIVE__Jackson_Daniel_SoS_decision_redacted.pdf:conversation of an inappropriate and/or sexual nature via the online chat room 'Just-Teens' ./_OFFICIAL_SENSITIVE__Jackson_Daniel_SoS_decision_redacted.pdf-using a school laptop. ./_OFFICIAL_SENSITIVE__Jackson_Daniel_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Jackson_Daniel_SoS_decision_redacted.pdf-Mr Jackson signed a statement of agreed facts in which he acknowledged that the ./_OFFICIAL_SENSITIVE__Jackson_Daniel_SoS_decision_redacted.pdf-screenshots obtained by the School's e-safe monitoring software confirmed that it was ./_OFFICIAL_SENSITIVE__Jackson_Daniel_SoS_decision_redacted.pdf-his user name ([REDACTED]) and computer ([REDACTED]) which accessed the ./_OFFICIAL_SENSITIVE__Jackson_Daniel_SoS_decision_redacted.pdf-chatroom site called 'Just-Teens' between around 6 to 8 November 2019. The ./_OFFICIAL_SENSITIVE__Jackson_Daniel_SoS_decision_redacted.pdf-screenshots also showed that the username [REDACTED] was used to access the ./_OFFICIAL_SENSITIVE__Jackson_Daniel_SoS_decision_redacted.pdf-chatroom and engage in conversations. The police were able to link the username ./_OFFICIAL_SENSITIVE__Jackson_Daniel_SoS_decision_redacted.pdf-[REDACTED] to Mr Jackson following cross-reference to his other electronic devices ./_OFFICIAL_SENSITIVE__Jackson_Daniel_SoS_decision_redacted.pdf-which were forensically examined. ./_OFFICIAL_SENSITIVE__Jackson_Daniel_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Jackson_Daniel_SoS_decision_redacted.pdf-In the statement of agreed facts, Mr Jackson also accepted that the screenshots ./_OFFICIAL_SENSITIVE__Jackson_Daniel_SoS_decision_redacted.pdf-obtained included conversations discussing the other chatroom user as having 'detention' ./_OFFICIAL_SENSITIVE__Jackson_Daniel_SoS_decision_redacted.pdf-and reference a person aged 18 as 'older', suggesting that the individual was of school ./_OFFICIAL_SENSITIVE__Jackson_Daniel_SoS_decision_redacted.pdf-age or at least purporting to be of school age. ./_OFFICIAL_SENSITIVE__Jackson_Daniel_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Jackson_Daniel_SoS_decision_redacted.pdf-The panel found allegation 1 proved. ./_OFFICIAL_SENSITIVE__Jackson_Daniel_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Jackson_Daniel_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Jackson_Daniel_SoS_decision_redacted.pdf: 2. Your conduct at 1 above was sexually motivated. ./_OFFICIAL_SENSITIVE__Jackson_Daniel_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Jackson_Daniel_SoS_decision_redacted.pdf-Mr Jackson admitted that the screenshots of the chatroom conversations that occurred ./_OFFICIAL_SENSITIVE__Jackson_Daniel_SoS_decision_redacted.pdf:between around 6 to 8 November 2019 contained a number of sexually explicit ./_OFFICIAL_SENSITIVE__Jackson_Daniel_SoS_decision_redacted.pdf:conversations with other chatroom users, including reference to sexual interactions with ./_OFFICIAL_SENSITIVE__Jackson_Daniel_SoS_decision_redacted.pdf-children. The panel reviewed copies of the screenshots in the bundle of evidence and ./_OFFICIAL_SENSITIVE__Jackson_Daniel_SoS_decision_redacted.pdf-reached the same conclusion. ./_OFFICIAL_SENSITIVE__Jackson_Daniel_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Jackson_Daniel_SoS_decision_redacted.pdf:Mr Jackson also admitted that his conduct in allegation 1 above was sexually motivated; ./_OFFICIAL_SENSITIVE__Jackson_Daniel_SoS_decision_redacted.pdf:meaning that his conduct was in pursuit of sexual gratification or in pursuit of a future ./_OFFICIAL_SENSITIVE__Jackson_Daniel_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Jackson_Daniel_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Jackson_Daniel_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Jackson_Daniel_SoS_decision_redacted.pdf- 6 ./_OFFICIAL_SENSITIVE__Jackson_Daniel_SoS_decision_redacted.pdf- -- ./_OFFICIAL_SENSITIVE__Jackson_Daniel_SoS_decision_redacted.pdf:sexual relationship. This admission reflected the legal test for sexual motivation ./_OFFICIAL_SENSITIVE__Jackson_Daniel_SoS_decision_redacted.pdf-established in Basson v General Medical Council [2018] EWHC 505 (Admin). ./_OFFICIAL_SENSITIVE__Jackson_Daniel_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Jackson_Daniel_SoS_decision_redacted.pdf-The panel found allegation 2 proved. ./_OFFICIAL_SENSITIVE__Jackson_Daniel_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Jackson_Daniel_SoS_decision_redacted.pdf-Findings as to unacceptable professional conduct and/or conduct that ./_OFFICIAL_SENSITIVE__Jackson_Daniel_SoS_decision_redacted.pdf-may bring the profession into disrepute ./_OFFICIAL_SENSITIVE__Jackson_Daniel_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Jackson_Daniel_SoS_decision_redacted.pdf-Having found the allegations proved, the panel went on to consider whether the facts of ./_OFFICIAL_SENSITIVE__Jackson_Daniel_SoS_decision_redacted.pdf-those proven allegations amounted to unacceptable professional conduct and/or conduct ./_OFFICIAL_SENSITIVE__Jackson_Daniel_SoS_decision_redacted.pdf-that may bring the profession into disrepute. -- ./_OFFICIAL_SENSITIVE__Jackson_Daniel_SoS_decision_redacted.pdf-The panel also considered whether Mr Jackson's conduct displayed behaviours ./_OFFICIAL_SENSITIVE__Jackson_Daniel_SoS_decision_redacted.pdf-associated with any of the offences listed on pages 12 and 13 of the Advice. ./_OFFICIAL_SENSITIVE__Jackson_Daniel_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Jackson_Daniel_SoS_decision_redacted.pdf:The panel found that the offence of sexual activity was relevant. ./_OFFICIAL_SENSITIVE__Jackson_Daniel_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Jackson_Daniel_SoS_decision_redacted.pdf-The Advice indicates that where behaviours associated with such an offence exist, a ./_OFFICIAL_SENSITIVE__Jackson_Daniel_SoS_decision_redacted.pdf-panel is likely to conclude that an individual’s conduct would amount to unacceptable ./_OFFICIAL_SENSITIVE__Jackson_Daniel_SoS_decision_redacted.pdf-professional conduct. ./_OFFICIAL_SENSITIVE__Jackson_Daniel_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Jackson_Daniel_SoS_decision_redacted.pdf-Accordingly, the panel was satisfied that Mr Jackson was guilty of unacceptable ./_OFFICIAL_SENSITIVE__Jackson_Daniel_SoS_decision_redacted.pdf-professional conduct. ./_OFFICIAL_SENSITIVE__Jackson_Daniel_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Jackson_Daniel_SoS_decision_redacted.pdf-The panel took into account the way the teaching profession is viewed by others and ./_OFFICIAL_SENSITIVE__Jackson_Daniel_SoS_decision_redacted.pdf-considered the influence that teachers may have on pupils, parents and others in the -- ./_OFFICIAL_SENSITIVE__Jackson_Daniel_SoS_decision_redacted.pdf:In the light of the panel’s findings against Mr Jackson, which involved sexually motivated ./_OFFICIAL_SENSITIVE__Jackson_Daniel_SoS_decision_redacted.pdf-conduct, there was a strong public interest consideration in respect of the protection of ./_OFFICIAL_SENSITIVE__Jackson_Daniel_SoS_decision_redacted.pdf-pupils. ./_OFFICIAL_SENSITIVE__Jackson_Daniel_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Jackson_Daniel_SoS_decision_redacted.pdf-Similarly, the panel considered that public confidence in the profession could be seriously ./_OFFICIAL_SENSITIVE__Jackson_Daniel_SoS_decision_redacted.pdf-weakened if conduct such as that found against Mr Jackson were not treated with the ./_OFFICIAL_SENSITIVE__Jackson_Daniel_SoS_decision_redacted.pdf-utmost seriousness when regulating the conduct of the profession. ./_OFFICIAL_SENSITIVE__Jackson_Daniel_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Jackson_Daniel_SoS_decision_redacted.pdf-The panel decided that a strong public interest consideration in declaring proper ./_OFFICIAL_SENSITIVE__Jackson_Daniel_SoS_decision_redacted.pdf-standards of conduct in the profession was also present as the conduct found against Mr ./_OFFICIAL_SENSITIVE__Jackson_Daniel_SoS_decision_redacted.pdf-Jackson was outside that which could reasonably be tolerated. -- ./_OFFICIAL_SENSITIVE__Jackson_Daniel_SoS_decision_redacted.pdf-of such behaviours, those that are relevant in this case are: ./_OFFICIAL_SENSITIVE__Jackson_Daniel_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Jackson_Daniel_SoS_decision_redacted.pdf-  serious departure from the personal and professional conduct elements of the ./_OFFICIAL_SENSITIVE__Jackson_Daniel_SoS_decision_redacted.pdf- Teachers’ Standards; ./_OFFICIAL_SENSITIVE__Jackson_Daniel_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Jackson_Daniel_SoS_decision_redacted.pdf-  misconduct seriously affecting the education and/or well-being of pupils, and ./_OFFICIAL_SENSITIVE__Jackson_Daniel_SoS_decision_redacted.pdf- particularly where there is a continuing risk; ./_OFFICIAL_SENSITIVE__Jackson_Daniel_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Jackson_Daniel_SoS_decision_redacted.pdf-  abuse of a position of trust (particularly involving pupils); ./_OFFICIAL_SENSITIVE__Jackson_Daniel_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Jackson_Daniel_SoS_decision_redacted.pdf:  sexual misconduct, for example, involving actions that were sexually motivated or ./_OFFICIAL_SENSITIVE__Jackson_Daniel_SoS_decision_redacted.pdf: of a sexual nature and/or that use or exploit the trust, knowledge or influence ./_OFFICIAL_SENSITIVE__Jackson_Daniel_SoS_decision_redacted.pdf- derived from the individual’s professional position; ./_OFFICIAL_SENSITIVE__Jackson_Daniel_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Jackson_Daniel_SoS_decision_redacted.pdf-  failure in their duty of care towards a child, including exposing a child to risk or ./_OFFICIAL_SENSITIVE__Jackson_Daniel_SoS_decision_redacted.pdf- failing to promote the safety and welfare of the children (as set out in Part 1 of ./_OFFICIAL_SENSITIVE__Jackson_Daniel_SoS_decision_redacted.pdf- KCSIE). ./_OFFICIAL_SENSITIVE__Jackson_Daniel_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Jackson_Daniel_SoS_decision_redacted.pdf-Even though some of the behaviour found proved in this case indicated that a prohibition ./_OFFICIAL_SENSITIVE__Jackson_Daniel_SoS_decision_redacted.pdf-order would be appropriate, the panel went on to consider the mitigating factors. ./_OFFICIAL_SENSITIVE__Jackson_Daniel_SoS_decision_redacted.pdf-Mitigating factors may indicate that a prohibition order would not be appropriate or ./_OFFICIAL_SENSITIVE__Jackson_Daniel_SoS_decision_redacted.pdf-proportionate. -- ./_OFFICIAL_SENSITIVE__Jackson_Daniel_SoS_decision_redacted.pdf-made by the panel would be sufficient. ./_OFFICIAL_SENSITIVE__Jackson_Daniel_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Jackson_Daniel_SoS_decision_redacted.pdf-The panel was of the view that, applying the standard of the ordinary intelligent citizen, it ./_OFFICIAL_SENSITIVE__Jackson_Daniel_SoS_decision_redacted.pdf-would not be a proportionate and appropriate response to recommend no prohibition ./_OFFICIAL_SENSITIVE__Jackson_Daniel_SoS_decision_redacted.pdf-order. Recommending that the publication of adverse findings was sufficient would ./_OFFICIAL_SENSITIVE__Jackson_Daniel_SoS_decision_redacted.pdf-unacceptably compromise the public interest considerations present in this case, despite ./_OFFICIAL_SENSITIVE__Jackson_Daniel_SoS_decision_redacted.pdf-the severity of the consequences for Mr Jackson of prohibition. ./_OFFICIAL_SENSITIVE__Jackson_Daniel_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Jackson_Daniel_SoS_decision_redacted.pdf-The panel was of the view that prohibition was both proportionate and appropriate. The ./_OFFICIAL_SENSITIVE__Jackson_Daniel_SoS_decision_redacted.pdf-panel decided that the public interest considerations outweighed the interests of Mr ./_OFFICIAL_SENSITIVE__Jackson_Daniel_SoS_decision_redacted.pdf:Jackson. The sexually motivated conduct was a significant factor in forming that opinion. ./_OFFICIAL_SENSITIVE__Jackson_Daniel_SoS_decision_redacted.pdf-Accordingly, the panel made a recommendation to the Secretary of State that a ./_OFFICIAL_SENSITIVE__Jackson_Daniel_SoS_decision_redacted.pdf-prohibition order should be imposed with immediate effect. ./_OFFICIAL_SENSITIVE__Jackson_Daniel_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Jackson_Daniel_SoS_decision_redacted.pdf-The panel went on to consider whether or not it would be appropriate to recommend that ./_OFFICIAL_SENSITIVE__Jackson_Daniel_SoS_decision_redacted.pdf-a review period of the order should be considered. The panel was mindful that the Advice ./_OFFICIAL_SENSITIVE__Jackson_Daniel_SoS_decision_redacted.pdf-states that a prohibition order applies for life, but there may be circumstances, in any ./_OFFICIAL_SENSITIVE__Jackson_Daniel_SoS_decision_redacted.pdf-given case, that may make it appropriate to allow a teacher to apply to have the ./_OFFICIAL_SENSITIVE__Jackson_Daniel_SoS_decision_redacted.pdf-prohibition order reviewed after a specified period of time that may not be less than 2 ./_OFFICIAL_SENSITIVE__Jackson_Daniel_SoS_decision_redacted.pdf-years. ./_OFFICIAL_SENSITIVE__Jackson_Daniel_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Jackson_Daniel_SoS_decision_redacted.pdf-The Advice indicates that there are behaviours that, if proved, would militate against the ./_OFFICIAL_SENSITIVE__Jackson_Daniel_SoS_decision_redacted.pdf:recommendation of a review period. These behaviours include any sexual misconduct ./_OFFICIAL_SENSITIVE__Jackson_Daniel_SoS_decision_redacted.pdf-involving a child. ./_OFFICIAL_SENSITIVE__Jackson_Daniel_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Jackson_Daniel_SoS_decision_redacted.pdf-Although Mr Jackson has admitted his conduct in the Statement of Agreed Facts, there ./_OFFICIAL_SENSITIVE__Jackson_Daniel_SoS_decision_redacted.pdf-was no evidence of any insight into his actions, any consideration of their impact on ./_OFFICIAL_SENSITIVE__Jackson_Daniel_SoS_decision_redacted.pdf-children or any remorse. ./_OFFICIAL_SENSITIVE__Jackson_Daniel_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Jackson_Daniel_SoS_decision_redacted.pdf-The panel decided that the findings indicated a situation in which a review period would ./_OFFICIAL_SENSITIVE__Jackson_Daniel_SoS_decision_redacted.pdf-not be appropriate and, as such, decided that it would be proportionate in all the ./_OFFICIAL_SENSITIVE__Jackson_Daniel_SoS_decision_redacted.pdf-circumstances for the prohibition order to be recommended without provision for a review ./_OFFICIAL_SENSITIVE__Jackson_Daniel_SoS_decision_redacted.pdf-period. -- ./_OFFICIAL_SENSITIVE__Jackson_Daniel_SoS_decision_redacted.pdf- practices of the school in which they teach, and maintain high standards in their ./_OFFICIAL_SENSITIVE__Jackson_Daniel_SoS_decision_redacted.pdf- own attendance and punctuality. ./_OFFICIAL_SENSITIVE__Jackson_Daniel_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Jackson_Daniel_SoS_decision_redacted.pdf-  Teachers must have an understanding of, and always act within, the statutory ./_OFFICIAL_SENSITIVE__Jackson_Daniel_SoS_decision_redacted.pdf- frameworks which set out their professional duties and responsibilities. ./_OFFICIAL_SENSITIVE__Jackson_Daniel_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Jackson_Daniel_SoS_decision_redacted.pdf-The panel also states that it, “was satisfied that the conduct of Mr Jackson amounted to ./_OFFICIAL_SENSITIVE__Jackson_Daniel_SoS_decision_redacted.pdf-misconduct of a serious nature which fell significantly short of the standards expected of ./_OFFICIAL_SENSITIVE__Jackson_Daniel_SoS_decision_redacted.pdf-the profession.” ./_OFFICIAL_SENSITIVE__Jackson_Daniel_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Jackson_Daniel_SoS_decision_redacted.pdf:The findings of misconduct are particularly serious as they include a finding of, “sexually ./_OFFICIAL_SENSITIVE__Jackson_Daniel_SoS_decision_redacted.pdf-motivated conduct.” ./_OFFICIAL_SENSITIVE__Jackson_Daniel_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Jackson_Daniel_SoS_decision_redacted.pdf-I have to determine whether the imposition of a prohibition order is proportionate and in ./_OFFICIAL_SENSITIVE__Jackson_Daniel_SoS_decision_redacted.pdf-the public interest. In considering that for this case, I have considered the overall aim of a ./_OFFICIAL_SENSITIVE__Jackson_Daniel_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Jackson_Daniel_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Jackson_Daniel_SoS_decision_redacted.pdf- 11 ./_OFFICIAL_SENSITIVE__Jackson_Daniel_SoS_decision_redacted.pdf- -- ./_OFFICIAL_SENSITIVE__Jackson_Daniel_SoS_decision_redacted.pdf-profession. I have considered the extent to which a prohibition order in this case would ./_OFFICIAL_SENSITIVE__Jackson_Daniel_SoS_decision_redacted.pdf-achieve that aim taking into account the impact that it will have on the individual teacher. ./_OFFICIAL_SENSITIVE__Jackson_Daniel_SoS_decision_redacted.pdf-I have also asked myself, whether a less intrusive measure, such as the published ./_OFFICIAL_SENSITIVE__Jackson_Daniel_SoS_decision_redacted.pdf-finding of unacceptable professional conduct and conduct that may bring the profession ./_OFFICIAL_SENSITIVE__Jackson_Daniel_SoS_decision_redacted.pdf-into disrepute, would itself be sufficient to achieve the overall aim. I have to consider ./_OFFICIAL_SENSITIVE__Jackson_Daniel_SoS_decision_redacted.pdf-whether the consequences of such a publication are themselves sufficient. I have ./_OFFICIAL_SENSITIVE__Jackson_Daniel_SoS_decision_redacted.pdf-considered therefore whether or not prohibiting Mr Jackson, and the impact that will have ./_OFFICIAL_SENSITIVE__Jackson_Daniel_SoS_decision_redacted.pdf-on the teacher, is proportionate and in the public interest. ./_OFFICIAL_SENSITIVE__Jackson_Daniel_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Jackson_Daniel_SoS_decision_redacted.pdf-In this case, I have considered the extent to which a prohibition order would protect ./_OFFICIAL_SENSITIVE__Jackson_Daniel_SoS_decision_redacted.pdf:children and safeguard pupils. The panel has observed, “that the offence of sexual ./_OFFICIAL_SENSITIVE__Jackson_Daniel_SoS_decision_redacted.pdf-activity was relevant.” A prohibition order would therefore prevent such a risk from being ./_OFFICIAL_SENSITIVE__Jackson_Daniel_SoS_decision_redacted.pdf-present in the future. ./_OFFICIAL_SENSITIVE__Jackson_Daniel_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Jackson_Daniel_SoS_decision_redacted.pdf-I have also taken into account the panel’s comments on insight and remorse, which the ./_OFFICIAL_SENSITIVE__Jackson_Daniel_SoS_decision_redacted.pdf-panel sets out as follows, “there was no evidence of any insight into his actions, any ./_OFFICIAL_SENSITIVE__Jackson_Daniel_SoS_decision_redacted.pdf-consideration of their impact on children or any remorse.” ./_OFFICIAL_SENSITIVE__Jackson_Daniel_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Jackson_Daniel_SoS_decision_redacted.pdf-In my judgement, the lack of insight means that there is some risk of the repetition of this ./_OFFICIAL_SENSITIVE__Jackson_Daniel_SoS_decision_redacted.pdf-behaviour, and this puts at risk the future wellbeing of pupils. I have therefore given this ./_OFFICIAL_SENSITIVE__Jackson_Daniel_SoS_decision_redacted.pdf-element considerable weight in reaching my decision. ./_OFFICIAL_SENSITIVE__Jackson_Daniel_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Jackson_Daniel_SoS_decision_redacted.pdf-I have gone on to consider the extent to which a prohibition order would maintain public ./_OFFICIAL_SENSITIVE__Jackson_Daniel_SoS_decision_redacted.pdf-confidence in the profession. The panel observe, “The panel also took account of the ./_OFFICIAL_SENSITIVE__Jackson_Daniel_SoS_decision_redacted.pdf-uniquely influential role that teachers can hold in pupils’ lives and the fact that pupils must ./_OFFICIAL_SENSITIVE__Jackson_Daniel_SoS_decision_redacted.pdf-be able to view teachers as role models in the way they behave. The findings of ./_OFFICIAL_SENSITIVE__Jackson_Daniel_SoS_decision_redacted.pdf-misconduct were serious and the conduct displayed would be likely to have a negative ./_OFFICIAL_SENSITIVE__Jackson_Daniel_SoS_decision_redacted.pdf-impact on the individual’s status as a teacher, potentially damaging the public ./_OFFICIAL_SENSITIVE__Jackson_Daniel_SoS_decision_redacted.pdf-perception.” ./_OFFICIAL_SENSITIVE__Jackson_Daniel_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Jackson_Daniel_SoS_decision_redacted.pdf:I am particularly mindful of the finding of sexual misconduct in this case and the impact ./_OFFICIAL_SENSITIVE__Jackson_Daniel_SoS_decision_redacted.pdf-that such a finding has on the reputation of the profession. ./_OFFICIAL_SENSITIVE__Jackson_Daniel_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Jackson_Daniel_SoS_decision_redacted.pdf-I have had to consider that the public has a high expectation of professional standards of ./_OFFICIAL_SENSITIVE__Jackson_Daniel_SoS_decision_redacted.pdf-all teachers and that the public might regard a failure to impose a prohibition order as a ./_OFFICIAL_SENSITIVE__Jackson_Daniel_SoS_decision_redacted.pdf-failure to uphold those high standards. In weighing these considerations, I have had to ./_OFFICIAL_SENSITIVE__Jackson_Daniel_SoS_decision_redacted.pdf-consider the matter from the point of view of an “ordinary intelligent and well-informed ./_OFFICIAL_SENSITIVE__Jackson_Daniel_SoS_decision_redacted.pdf-citizen.” ./_OFFICIAL_SENSITIVE__Jackson_Daniel_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Jackson_Daniel_SoS_decision_redacted.pdf-I have considered whether the publication of a finding of unacceptable professional ./_OFFICIAL_SENSITIVE__Jackson_Daniel_SoS_decision_redacted.pdf-conduct, in the absence of a prohibition order, can itself be regarded by such a person as -- ./_OFFICIAL_SENSITIVE__Jackson_Daniel_SoS_decision_redacted.pdf-I have also considered the impact of a prohibition order on Mr Jackson himself. The ./_OFFICIAL_SENSITIVE__Jackson_Daniel_SoS_decision_redacted.pdf-panel comment “No character references or testimonials were provided.” ./_OFFICIAL_SENSITIVE__Jackson_Daniel_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Jackson_Daniel_SoS_decision_redacted.pdf-A prohibition order would prevent Mr Jackson from teaching and would also clearly ./_OFFICIAL_SENSITIVE__Jackson_Daniel_SoS_decision_redacted.pdf-deprive the public of his contribution to the profession for the period that it is in force. ./_OFFICIAL_SENSITIVE__Jackson_Daniel_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Jackson_Daniel_SoS_decision_redacted.pdf-In this case, I have placed considerable weight on the panel’s comments concerning the ./_OFFICIAL_SENSITIVE__Jackson_Daniel_SoS_decision_redacted.pdf-lack of insight or remorse. The panel has also said, “The panel decided that the public ./_OFFICIAL_SENSITIVE__Jackson_Daniel_SoS_decision_redacted.pdf:interest considerations outweighed the interests of Mr Jackson. The sexually motivated ./_OFFICIAL_SENSITIVE__Jackson_Daniel_SoS_decision_redacted.pdf-conduct was a significant factor in forming that opinion.” ./_OFFICIAL_SENSITIVE__Jackson_Daniel_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Jackson_Daniel_SoS_decision_redacted.pdf-I have given less weight in my consideration of sanction therefore, to the contribution that ./_OFFICIAL_SENSITIVE__Jackson_Daniel_SoS_decision_redacted.pdf-Mr Jackson has made to the profession. In my view, it is necessary to impose a ./_OFFICIAL_SENSITIVE__Jackson_Daniel_SoS_decision_redacted.pdf-prohibition order in order to maintain public confidence in the profession. A published ./_OFFICIAL_SENSITIVE__Jackson_Daniel_SoS_decision_redacted.pdf-decision, in light of the circumstances in this case, that is not backed up by remorse or ./_OFFICIAL_SENSITIVE__Jackson_Daniel_SoS_decision_redacted.pdf-insight, does not in my view satisfy the public interest requirement concerning public ./_OFFICIAL_SENSITIVE__Jackson_Daniel_SoS_decision_redacted.pdf-confidence in the profession. ./_OFFICIAL_SENSITIVE__Jackson_Daniel_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Jackson_Daniel_SoS_decision_redacted.pdf-For these reasons, I have concluded that a prohibition order is proportionate and in the ./_OFFICIAL_SENSITIVE__Jackson_Daniel_SoS_decision_redacted.pdf-public interest in order to achieve the intended aims of a prohibition order. ./_OFFICIAL_SENSITIVE__Jackson_Daniel_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Jackson_Daniel_SoS_decision_redacted.pdf-I have gone on to consider the matter of a review period. In this case, the panel has ./_OFFICIAL_SENSITIVE__Jackson_Daniel_SoS_decision_redacted.pdf-recommended that no provision should be made for a review period. ./_OFFICIAL_SENSITIVE__Jackson_Daniel_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Jackson_Daniel_SoS_decision_redacted.pdf-I have considered the panel’s comments “The Advice indicates that there are behaviours ./_OFFICIAL_SENSITIVE__Jackson_Daniel_SoS_decision_redacted.pdf-that, if proved, would militate against the recommendation of a review period. These ./_OFFICIAL_SENSITIVE__Jackson_Daniel_SoS_decision_redacted.pdf:behaviours include any sexual misconduct involving a child. ./_OFFICIAL_SENSITIVE__Jackson_Daniel_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Jackson_Daniel_SoS_decision_redacted.pdf-Although Mr Jackson has admitted his conduct in the Statement of Agreed Facts, there ./_OFFICIAL_SENSITIVE__Jackson_Daniel_SoS_decision_redacted.pdf-was no evidence of any insight into his actions, any consideration of their impact on ./_OFFICIAL_SENSITIVE__Jackson_Daniel_SoS_decision_redacted.pdf-children or any remorse.” ./_OFFICIAL_SENSITIVE__Jackson_Daniel_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Jackson_Daniel_SoS_decision_redacted.pdf-I have considered whether not allowing for a review period reflects the seriousness of the ./_OFFICIAL_SENSITIVE__Jackson_Daniel_SoS_decision_redacted.pdf-findings and is a proportionate period to achieve the aim of maintaining public confidence ./_OFFICIAL_SENSITIVE__Jackson_Daniel_SoS_decision_redacted.pdf-in the profession. In this case, the factors which mean that a review period should not be ./_OFFICIAL_SENSITIVE__Jackson_Daniel_SoS_decision_redacted.pdf:allowed are the sexual misconduct and the lack of insight and remorse. ./_OFFICIAL_SENSITIVE__Jackson_Daniel_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Jackson_Daniel_SoS_decision_redacted.pdf-I consider therefore that allowing for no review period is necessary to maintain public ./_OFFICIAL_SENSITIVE__Jackson_Daniel_SoS_decision_redacted.pdf-confidence and is proportionate and in the public interest. ./_OFFICIAL_SENSITIVE__Jackson_Daniel_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Jackson_Daniel_SoS_decision_redacted.pdf-This means that Mr Daniel Jackson is prohibited from teaching indefinitely and ./_OFFICIAL_SENSITIVE__Jackson_Daniel_SoS_decision_redacted.pdf-cannot teach in any school, sixth form college, relevant youth accommodation or ./_OFFICIAL_SENSITIVE__Jackson_Daniel_SoS_decision_redacted.pdf-children’s home in England. Furthermore, in view of the seriousness of the allegations ./_OFFICIAL_SENSITIVE__Jackson_Daniel_SoS_decision_redacted.pdf-found proved against him, I have decided that Mr Daniel Jackson shall not be entitled to ./_OFFICIAL_SENSITIVE__Jackson_Daniel_SoS_decision_redacted.pdf-apply for restoration of his eligibility to teach. ./_OFFICIAL_SENSITIVE__Jackson_Daniel_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Johnson_Robert_SoS_decision.pdf- ./_OFFICIAL_SENSITIVE__Johnson_Robert_SoS_decision.pdf-  Teachers must have proper and professional regard for the ethos, policies and ./_OFFICIAL_SENSITIVE__Johnson_Robert_SoS_decision.pdf- practices of the school in which they teach ./_OFFICIAL_SENSITIVE__Johnson_Robert_SoS_decision.pdf- ./_OFFICIAL_SENSITIVE__Johnson_Robert_SoS_decision.pdf-  Teachers must have an understanding of, and always act within, the statutory ./_OFFICIAL_SENSITIVE__Johnson_Robert_SoS_decision.pdf- frameworks which set out their professional duties and responsibilities ./_OFFICIAL_SENSITIVE__Johnson_Robert_SoS_decision.pdf- ./_OFFICIAL_SENSITIVE__Johnson_Robert_SoS_decision.pdf-From the sentencing remarks, some of the images made by Mr Johnson were of the most ./_OFFICIAL_SENSITIVE__Johnson_Robert_SoS_decision.pdf-serious category, and his offending behaviour had taken place for over a decade. The ./_OFFICIAL_SENSITIVE__Johnson_Robert_SoS_decision.pdf-severe nature of the offences was reflected by his sentence of imprisonment, (albeit that it ./_OFFICIAL_SENSITIVE__Johnson_Robert_SoS_decision.pdf:was suspended), and that he had been given a sexual harm prevention order for 10 years. ./_OFFICIAL_SENSITIVE__Johnson_Robert_SoS_decision.pdf- ./_OFFICIAL_SENSITIVE__Johnson_Robert_SoS_decision.pdf- ./_OFFICIAL_SENSITIVE__Johnson_Robert_SoS_decision.pdf- ./_OFFICIAL_SENSITIVE__Johnson_Robert_SoS_decision.pdf- ./_OFFICIAL_SENSITIVE__Johnson_Robert_SoS_decision.pdf- 6 ./_OFFICIAL_SENSITIVE__Johnson_Robert_SoS_decision.pdf- -- ./_OFFICIAL_SENSITIVE__Johnson_Robert_SoS_decision.pdf-reviewed after a specified period of time that may not be less than 2 years. ./_OFFICIAL_SENSITIVE__Johnson_Robert_SoS_decision.pdf- ./_OFFICIAL_SENSITIVE__Johnson_Robert_SoS_decision.pdf-The Advice indicates that there are behaviours that, if proved, would militate against the ./_OFFICIAL_SENSITIVE__Johnson_Robert_SoS_decision.pdf-recommendation of a review period. One of these behaviours is any activity involving ./_OFFICIAL_SENSITIVE__Johnson_Robert_SoS_decision.pdf-viewing, taking, making, possessing, distributing or publishing any indecent photograph or ./_OFFICIAL_SENSITIVE__Johnson_Robert_SoS_decision.pdf-image or pseudo photograph or image of a child. This behaviour mirrored the offending ./_OFFICIAL_SENSITIVE__Johnson_Robert_SoS_decision.pdf-behaviour of Mr Johnson, which led to his conviction and custodial sentence. ./_OFFICIAL_SENSITIVE__Johnson_Robert_SoS_decision.pdf- ./_OFFICIAL_SENSITIVE__Johnson_Robert_SoS_decision.pdf-The panel decided that the findings clearly indicated a situation in which a review period ./_OFFICIAL_SENSITIVE__Johnson_Robert_SoS_decision.pdf-would not be appropriate and that Mr Johnson was, currently or in the future, not suitable ./_OFFICIAL_SENSITIVE__Johnson_Robert_SoS_decision.pdf:to teach children, especially in circumstances where he is recorded on the sex offender ./_OFFICIAL_SENSITIVE__Johnson_Robert_SoS_decision.pdf-register until 2031. As such, the panel decided that it would be proportionate in all the ./_OFFICIAL_SENSITIVE__Johnson_Robert_SoS_decision.pdf-circumstances for the prohibition order to be recommended without provisions for a review ./_OFFICIAL_SENSITIVE__Johnson_Robert_SoS_decision.pdf-period. ./_OFFICIAL_SENSITIVE__Johnson_Robert_SoS_decision.pdf- ./_OFFICIAL_SENSITIVE__Johnson_Robert_SoS_decision.pdf- ./_OFFICIAL_SENSITIVE__Johnson_Robert_SoS_decision.pdf- ./_OFFICIAL_SENSITIVE__Johnson_Robert_SoS_decision.pdf- ./_OFFICIAL_SENSITIVE__Johnson_Robert_SoS_decision.pdf- 9 ./_OFFICIAL_SENSITIVE__Johnson_Robert_SoS_decision.pdf- -- ./_OFFICIAL_SENSITIVE__Johnson_Robert_SoS_decision.pdf- ./_OFFICIAL_SENSITIVE__Johnson_Robert_SoS_decision.pdf-For these reasons, I have concluded that a prohibition order is proportionate and in the ./_OFFICIAL_SENSITIVE__Johnson_Robert_SoS_decision.pdf-public interest in order to achieve the intended aims of a prohibition order. ./_OFFICIAL_SENSITIVE__Johnson_Robert_SoS_decision.pdf- ./_OFFICIAL_SENSITIVE__Johnson_Robert_SoS_decision.pdf-I have gone on to consider the matter of a review period. In this case, the panel has ./_OFFICIAL_SENSITIVE__Johnson_Robert_SoS_decision.pdf-recommended that no provision should be made for a review period. ./_OFFICIAL_SENSITIVE__Johnson_Robert_SoS_decision.pdf- ./_OFFICIAL_SENSITIVE__Johnson_Robert_SoS_decision.pdf-I have considered the panel’s comments “the findings clearly indicated a situation in ./_OFFICIAL_SENSITIVE__Johnson_Robert_SoS_decision.pdf-which a review period would not be appropriate and that Mr Johnson was, currently or in ./_OFFICIAL_SENSITIVE__Johnson_Robert_SoS_decision.pdf-the future, not suitable to teach children, especially in circumstances where he is ./_OFFICIAL_SENSITIVE__Johnson_Robert_SoS_decision.pdf:recorded on the sex offender register until 2031.” I have also noted the advice published ./_OFFICIAL_SENSITIVE__Johnson_Robert_SoS_decision.pdf-by the Secretary of State, “there are behaviours that, if proved, would militate against the ./_OFFICIAL_SENSITIVE__Johnson_Robert_SoS_decision.pdf-recommendation of a review period. One of these behaviours is any activity involving ./_OFFICIAL_SENSITIVE__Johnson_Robert_SoS_decision.pdf-viewing, taking, making, possessing, distributing or publishing any indecent photograph ./_OFFICIAL_SENSITIVE__Johnson_Robert_SoS_decision.pdf-or image or pseudo photograph or image of a child.” ./_OFFICIAL_SENSITIVE__Johnson_Robert_SoS_decision.pdf- ./_OFFICIAL_SENSITIVE__Johnson_Robert_SoS_decision.pdf-I have considered whether not allowing for a review period reflects the seriousness of the ./_OFFICIAL_SENSITIVE__Johnson_Robert_SoS_decision.pdf-findings and is proportionate to achieve the aim of maintaining public confidence in the ./_OFFICIAL_SENSITIVE__Johnson_Robert_SoS_decision.pdf-profession. In this case, the factors which mean that not allowing for a review period is ./_OFFICIAL_SENSITIVE__Johnson_Robert_SoS_decision.pdf-necessary to achieve the aim of maintaining public confidence in the profession, are the ./_OFFICIAL_SENSITIVE__Johnson_Robert_SoS_decision.pdf-serious nature of the offending and the lack of any evidence of insight or remorse. ./_OFFICIAL_SENSITIVE__Johnson__Robert_SoS_Decision.pdf-The panel considered the allegation(s) set out in the notice of meeting dated 28 July ./_OFFICIAL_SENSITIVE__Johnson__Robert_SoS_Decision.pdf-2022. ./_OFFICIAL_SENSITIVE__Johnson__Robert_SoS_Decision.pdf- ./_OFFICIAL_SENSITIVE__Johnson__Robert_SoS_Decision.pdf-It was alleged that Mr Johnson was guilty of having been convicted of a relevant offence, ./_OFFICIAL_SENSITIVE__Johnson__Robert_SoS_Decision.pdf-in that: ./_OFFICIAL_SENSITIVE__Johnson__Robert_SoS_Decision.pdf- ./_OFFICIAL_SENSITIVE__Johnson__Robert_SoS_Decision.pdf-1. He was convicted at the Durham Crown Court in October 2020 for two counts of ./_OFFICIAL_SENSITIVE__Johnson__Robert_SoS_Decision.pdf- distributing indecent photographs of children between 16 March 2018 and 16 August ./_OFFICIAL_SENSITIVE__Johnson__Robert_SoS_Decision.pdf- 2018, contrary to Section 1 of the Protection of Children Act 1978, for which he was ./_OFFICIAL_SENSITIVE__Johnson__Robert_SoS_Decision.pdf- sentenced to 27 months imprisonment (including an additional 12 months ./_OFFICIAL_SENSITIVE__Johnson__Robert_SoS_Decision.pdf: imprisonment to be served concurrently), added to the sex offenders notice for 10 ./_OFFICIAL_SENSITIVE__Johnson__Robert_SoS_Decision.pdf: years, issued with a sexual harm prevention order for 10 years and ordered to pay a ./_OFFICIAL_SENSITIVE__Johnson__Robert_SoS_Decision.pdf- victim surcharge of £170. ./_OFFICIAL_SENSITIVE__Johnson__Robert_SoS_Decision.pdf-The teacher admitted the facts as alleged, and admitted that this amounted to conviction ./_OFFICIAL_SENSITIVE__Johnson__Robert_SoS_Decision.pdf-of a relevant offence. ./_OFFICIAL_SENSITIVE__Johnson__Robert_SoS_Decision.pdf- ./_OFFICIAL_SENSITIVE__Johnson__Robert_SoS_Decision.pdf- ./_OFFICIAL_SENSITIVE__Johnson__Robert_SoS_Decision.pdf-Preliminary applications ./_OFFICIAL_SENSITIVE__Johnson__Robert_SoS_Decision.pdf-There were no preliminary applications. ./_OFFICIAL_SENSITIVE__Johnson__Robert_SoS_Decision.pdf- ./_OFFICIAL_SENSITIVE__Johnson__Robert_SoS_Decision.pdf- ./_OFFICIAL_SENSITIVE__Johnson__Robert_SoS_Decision.pdf-Summary of evidence -- ./_OFFICIAL_SENSITIVE__Johnson__Robert_SoS_Decision.pdf- ./_OFFICIAL_SENSITIVE__Johnson__Robert_SoS_Decision.pdf-The findings of fact are as follows: ./_OFFICIAL_SENSITIVE__Johnson__Robert_SoS_Decision.pdf- ./_OFFICIAL_SENSITIVE__Johnson__Robert_SoS_Decision.pdf-The panel found the following particulars of the allegation(s) against you proved, for ./_OFFICIAL_SENSITIVE__Johnson__Robert_SoS_Decision.pdf-these reasons: ./_OFFICIAL_SENSITIVE__Johnson__Robert_SoS_Decision.pdf- ./_OFFICIAL_SENSITIVE__Johnson__Robert_SoS_Decision.pdf-1. You were convicted at the Durham Crown Court in October 2020 for two counts ./_OFFICIAL_SENSITIVE__Johnson__Robert_SoS_Decision.pdf-of distributing indecent photographs of children between 16 March 2018 and 16 ./_OFFICIAL_SENSITIVE__Johnson__Robert_SoS_Decision.pdf-August 2018, contrary to Section 1 of the Protection of Children Act 1978, for ./_OFFICIAL_SENSITIVE__Johnson__Robert_SoS_Decision.pdf-which you were sentenced to 27 months imprisonment (including an additional 12 ./_OFFICIAL_SENSITIVE__Johnson__Robert_SoS_Decision.pdf:months imprisonment to be served concurrently), added to the sex offenders ./_OFFICIAL_SENSITIVE__Johnson__Robert_SoS_Decision.pdf- ./_OFFICIAL_SENSITIVE__Johnson__Robert_SoS_Decision.pdf- ./_OFFICIAL_SENSITIVE__Johnson__Robert_SoS_Decision.pdf- 5 ./_OFFICIAL_SENSITIVE__Johnson__Robert_SoS_Decision.pdf- -- ./_OFFICIAL_SENSITIVE__Johnson__Robert_SoS_Decision.pdf:notice for 10 years, issued with a sexual harm prevention order for 10 years and ./_OFFICIAL_SENSITIVE__Johnson__Robert_SoS_Decision.pdf-ordered to pay a victim surcharge of £170. ./_OFFICIAL_SENSITIVE__Johnson__Robert_SoS_Decision.pdf- ./_OFFICIAL_SENSITIVE__Johnson__Robert_SoS_Decision.pdf-This allegation was admitted and supported by the evidence presented to the panel, in ./_OFFICIAL_SENSITIVE__Johnson__Robert_SoS_Decision.pdf-particular the Statement of Agreed Facts signed by Mr Johnson, as well as: a PNC print ./_OFFICIAL_SENSITIVE__Johnson__Robert_SoS_Decision.pdf-produced on 21 December 2020 noting the convictions; and a certificate of conviction ./_OFFICIAL_SENSITIVE__Johnson__Robert_SoS_Decision.pdf-dated 4 June 2021 recording convictions at Durham Crown Court on 22 October 2022, ./_OFFICIAL_SENSITIVE__Johnson__Robert_SoS_Decision.pdf-which the panel accepted as proof of the commission of the offences concerned. ./_OFFICIAL_SENSITIVE__Johnson__Robert_SoS_Decision.pdf- ./_OFFICIAL_SENSITIVE__Johnson__Robert_SoS_Decision.pdf-There was no evidence put before the panel which suggested that there was not a ./_OFFICIAL_SENSITIVE__Johnson__Robert_SoS_Decision.pdf-conviction as alleged. The allegation was therefore found proved. -- ./_OFFICIAL_SENSITIVE__Johnson__Robert_SoS_Decision.pdf-or image or pseudo photograph or image of a child. The panel found that Mr Johnson ./_OFFICIAL_SENSITIVE__Johnson__Robert_SoS_Decision.pdf-was responsible for such activities specifically, as found proven at the first stage of its ./_OFFICIAL_SENSITIVE__Johnson__Robert_SoS_Decision.pdf-deliberations. ./_OFFICIAL_SENSITIVE__Johnson__Robert_SoS_Decision.pdf- ./_OFFICIAL_SENSITIVE__Johnson__Robert_SoS_Decision.pdf-The panel had seen no evidence of the teacher showing insight or remorse in relation to ./_OFFICIAL_SENSITIVE__Johnson__Robert_SoS_Decision.pdf-his actions. Although the teacher had co-operated with the TRA’s process and had ./_OFFICIAL_SENSITIVE__Johnson__Robert_SoS_Decision.pdf-admitted the facts of the allegations and that those facts amounted to conviction of a ./_OFFICIAL_SENSITIVE__Johnson__Robert_SoS_Decision.pdf-relevant offence, the panel noted that he had previously pleaded not guilty in Court. ./_OFFICIAL_SENSITIVE__Johnson__Robert_SoS_Decision.pdf- ./_OFFICIAL_SENSITIVE__Johnson__Robert_SoS_Decision.pdf-Finally, the panel took into account that, in the Statement of Agreed Facts, Mr Johnson ./_OFFICIAL_SENSITIVE__Johnson__Robert_SoS_Decision.pdf:“acknowledged the sexual nature of his misconduct is likely to be considered as ./_OFFICIAL_SENSITIVE__Johnson__Robert_SoS_Decision.pdf-permanently incompatible with the teaching profession …” ./_OFFICIAL_SENSITIVE__Johnson__Robert_SoS_Decision.pdf- ./_OFFICIAL_SENSITIVE__Johnson__Robert_SoS_Decision.pdf-The panel consequently decided that the findings indicated a situation in which a review ./_OFFICIAL_SENSITIVE__Johnson__Robert_SoS_Decision.pdf-period would not be appropriate and, as such, decided that it would be proportionate in ./_OFFICIAL_SENSITIVE__Johnson__Robert_SoS_Decision.pdf-all the circumstances for the prohibition order to be recommended without provisions for ./_OFFICIAL_SENSITIVE__Johnson__Robert_SoS_Decision.pdf-a review period. ./_OFFICIAL_SENSITIVE__Johnson__Robert_SoS_Decision.pdf- ./_OFFICIAL_SENSITIVE__Johnson__Robert_SoS_Decision.pdf- ./_OFFICIAL_SENSITIVE__Johnson__Robert_SoS_Decision.pdf-Decision and reasons on behalf of the Secretary of State ./_OFFICIAL_SENSITIVE__Johnson__Robert_SoS_Decision.pdf-I have given very careful consideration to this case and to the recommendation of the ./_OFFICIAL_SENSITIVE__Jones_Aimee_SoS_Decision_redacted.pdf-Allegations ./_OFFICIAL_SENSITIVE__Jones_Aimee_SoS_Decision_redacted.pdf-The panel considered the allegations set out in the notice of proceedings dated 25 ./_OFFICIAL_SENSITIVE__Jones_Aimee_SoS_Decision_redacted.pdf-August 2022. ./_OFFICIAL_SENSITIVE__Jones_Aimee_SoS_Decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Jones_Aimee_SoS_Decision_redacted.pdf-It was alleged that Mrs Jones was guilty of having been convicted of a relevant offence, ./_OFFICIAL_SENSITIVE__Jones_Aimee_SoS_Decision_redacted.pdf-in that: ./_OFFICIAL_SENSITIVE__Jones_Aimee_SoS_Decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Jones_Aimee_SoS_Decision_redacted.pdf-1. On or around 19 October 2021 she was convicted of four counts of abuse of position ./_OFFICIAL_SENSITIVE__Jones_Aimee_SoS_Decision_redacted.pdf: of trust/ engaging in sexual activity with a female, aged between 13 –17, where she ./_OFFICIAL_SENSITIVE__Jones_Aimee_SoS_Decision_redacted.pdf- did not believe the victim to be over the age of 18 contrary to section 16(1)(a) of the ./_OFFICIAL_SENSITIVE__Jones_Aimee_SoS_Decision_redacted.pdf- Sexual Offences Act 2003. ./_OFFICIAL_SENSITIVE__Jones_Aimee_SoS_Decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Jones_Aimee_SoS_Decision_redacted.pdf-Mrs Jones admitted the facts of allegation 1 and that those admitted facts amounted to a ./_OFFICIAL_SENSITIVE__Jones_Aimee_SoS_Decision_redacted.pdf-conviction of a relevant offence, as set out in the response to the Notice of Proceedings ./_OFFICIAL_SENSITIVE__Jones_Aimee_SoS_Decision_redacted.pdf-dated 2 September 2022. ./_OFFICIAL_SENSITIVE__Jones_Aimee_SoS_Decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Jones_Aimee_SoS_Decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Jones_Aimee_SoS_Decision_redacted.pdf-Preliminary applications ./_OFFICIAL_SENSITIVE__Jones_Aimee_SoS_Decision_redacted.pdf-Application to proceed in the absence of the teacher -- ./_OFFICIAL_SENSITIVE__Jones_Aimee_SoS_Decision_redacted.pdf-September 2016. ./_OFFICIAL_SENSITIVE__Jones_Aimee_SoS_Decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Jones_Aimee_SoS_Decision_redacted.pdf-On 19 March 2021, Mrs Jones was arrested at the School. ./_OFFICIAL_SENSITIVE__Jones_Aimee_SoS_Decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Jones_Aimee_SoS_Decision_redacted.pdf-Pupil A provided a statement to the police on 21 March 2021. Mrs Jones’ employment ./_OFFICIAL_SENSITIVE__Jones_Aimee_SoS_Decision_redacted.pdf-ceased at the School the following day, on 22 March 2021. ./_OFFICIAL_SENSITIVE__Jones_Aimee_SoS_Decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Jones_Aimee_SoS_Decision_redacted.pdf-On 26 March 2021, the [REDACTED], referred the matter to the TRA. ./_OFFICIAL_SENSITIVE__Jones_Aimee_SoS_Decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Jones_Aimee_SoS_Decision_redacted.pdf-On 19 October 2021, Mrs Jones was convicted at County Durham and Darlington ./_OFFICIAL_SENSITIVE__Jones_Aimee_SoS_Decision_redacted.pdf:Magistrates Court of four counts of abuse of position of trust/engaging in sexual activity ./_OFFICIAL_SENSITIVE__Jones_Aimee_SoS_Decision_redacted.pdf-with a female, aged between 13-17, where she did not believe the victim to be over the ./_OFFICIAL_SENSITIVE__Jones_Aimee_SoS_Decision_redacted.pdf-age of 18 contrary to section 16(1)(a) of the Sexual Offences Act 2003. ./_OFFICIAL_SENSITIVE__Jones_Aimee_SoS_Decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Jones_Aimee_SoS_Decision_redacted.pdf-Mrs Jones was later sentenced at Teesside Crown Court on 16 November 2021. ./_OFFICIAL_SENSITIVE__Jones_Aimee_SoS_Decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Jones_Aimee_SoS_Decision_redacted.pdf-Findings of fact ./_OFFICIAL_SENSITIVE__Jones_Aimee_SoS_Decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Jones_Aimee_SoS_Decision_redacted.pdf-The findings of fact are as follows: ./_OFFICIAL_SENSITIVE__Jones_Aimee_SoS_Decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Jones_Aimee_SoS_Decision_redacted.pdf-The panel found the following particulars of the allegations against you proved, for these ./_OFFICIAL_SENSITIVE__Jones_Aimee_SoS_Decision_redacted.pdf-reasons: ./_OFFICIAL_SENSITIVE__Jones_Aimee_SoS_Decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Jones_Aimee_SoS_Decision_redacted.pdf-1. On or around 19 October 2021 you were convicted of four counts of abuse of ./_OFFICIAL_SENSITIVE__Jones_Aimee_SoS_Decision_redacted.pdf: position of trust/ engaging in sexual activity with a female, aged between 13 –17, ./_OFFICIAL_SENSITIVE__Jones_Aimee_SoS_Decision_redacted.pdf- where you did not believe the victim to be over the age of 18 contrary to section ./_OFFICIAL_SENSITIVE__Jones_Aimee_SoS_Decision_redacted.pdf- 16(1)(a) of the Sexual Offences Act 2003. ./_OFFICIAL_SENSITIVE__Jones_Aimee_SoS_Decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Jones_Aimee_SoS_Decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Jones_Aimee_SoS_Decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Jones_Aimee_SoS_Decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Jones_Aimee_SoS_Decision_redacted.pdf- 6 ./_OFFICIAL_SENSITIVE__Jones_Aimee_SoS_Decision_redacted.pdf- -- ./_OFFICIAL_SENSITIVE__Jones_Aimee_SoS_Decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Jones_Aimee_SoS_Decision_redacted.pdf-The panel noted page 8 of the Teacher misconduct: The Prohibition of Teachers (‘the ./_OFFICIAL_SENSITIVE__Jones_Aimee_SoS_Decision_redacted.pdf-Advice’) which states that where there has been a conviction at any time, of a criminal ./_OFFICIAL_SENSITIVE__Jones_Aimee_SoS_Decision_redacted.pdf-offence, the panel will accept the certificate of conviction as conclusive proof of both the ./_OFFICIAL_SENSITIVE__Jones_Aimee_SoS_Decision_redacted.pdf-conviction and the facts necessarily implied by the conviction, unless exceptional ./_OFFICIAL_SENSITIVE__Jones_Aimee_SoS_Decision_redacted.pdf-circumstances apply. The panel did not find that any exceptional circumstances applied ./_OFFICIAL_SENSITIVE__Jones_Aimee_SoS_Decision_redacted.pdf-in this case. ./_OFFICIAL_SENSITIVE__Jones_Aimee_SoS_Decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Jones_Aimee_SoS_Decision_redacted.pdf-The panel had been provided with a copy of the certificate of conviction from Teesside ./_OFFICIAL_SENSITIVE__Jones_Aimee_SoS_Decision_redacted.pdf-Crown Court, which detailed that Mrs Jones had been convicted of four counts of abuse ./_OFFICIAL_SENSITIVE__Jones_Aimee_SoS_Decision_redacted.pdf:of position of trust/engaging in sexual activity with a female, aged between 13-17, where ./_OFFICIAL_SENSITIVE__Jones_Aimee_SoS_Decision_redacted.pdf-she did not believe the victim to be over the age of 18 contrary to section 16(1)(a) of the ./_OFFICIAL_SENSITIVE__Jones_Aimee_SoS_Decision_redacted.pdf-Sexual Offences Act 2003. ./_OFFICIAL_SENSITIVE__Jones_Aimee_SoS_Decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Jones_Aimee_SoS_Decision_redacted.pdf-In respect of the allegations, Mrs Jones was sentenced at Teesside Crown Court on 16 ./_OFFICIAL_SENSITIVE__Jones_Aimee_SoS_Decision_redacted.pdf-November 2021 to 8 month’s imprisonment on each offence to run concurrently. In ./_OFFICIAL_SENSITIVE__Jones_Aimee_SoS_Decision_redacted.pdf-addition, she was placed on the Sex Offenders Register for a period of 10 years and ./_OFFICIAL_SENSITIVE__Jones_Aimee_SoS_Decision_redacted.pdf-ordered to pay a victim surcharge in the sum of £149. ./_OFFICIAL_SENSITIVE__Jones_Aimee_SoS_Decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Jones_Aimee_SoS_Decision_redacted.pdf-On examination of the documents before the panel, the panel was satisfied that the facts ./_OFFICIAL_SENSITIVE__Jones_Aimee_SoS_Decision_redacted.pdf-of allegation 1 were proven. -- ./_OFFICIAL_SENSITIVE__Jones_Aimee_SoS_Decision_redacted.pdf- • Teachers must have an understanding of, and always act within, the statutory ./_OFFICIAL_SENSITIVE__Jones_Aimee_SoS_Decision_redacted.pdf- frameworks which set out their professional duties and responsibilities. ./_OFFICIAL_SENSITIVE__Jones_Aimee_SoS_Decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Jones_Aimee_SoS_Decision_redacted.pdf-The panel concluded that Mrs Jones’ actions were relevant to teaching, working with ./_OFFICIAL_SENSITIVE__Jones_Aimee_SoS_Decision_redacted.pdf-children and/or working in an education setting as she had formed a relationship and ./_OFFICIAL_SENSITIVE__Jones_Aimee_SoS_Decision_redacted.pdf:engaged in sexual conduct with a pupil at the School. ./_OFFICIAL_SENSITIVE__Jones_Aimee_SoS_Decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Jones_Aimee_SoS_Decision_redacted.pdf-The panel noted that Mrs Jones’ conduct, in committing the offences, would have had an ./_OFFICIAL_SENSITIVE__Jones_Aimee_SoS_Decision_redacted.pdf-impact on the safety and/or security of pupils and/or members of the public. ./_OFFICIAL_SENSITIVE__Jones_Aimee_SoS_Decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Jones_Aimee_SoS_Decision_redacted.pdf-The panel also took account of the way the teaching profession is viewed by others. The ./_OFFICIAL_SENSITIVE__Jones_Aimee_SoS_Decision_redacted.pdf-panel considered that Mrs Jones’ behaviour in committing the offences would affect ./_OFFICIAL_SENSITIVE__Jones_Aimee_SoS_Decision_redacted.pdf-public confidence in the teaching profession, given the influence that teachers may have ./_OFFICIAL_SENSITIVE__Jones_Aimee_SoS_Decision_redacted.pdf-on pupils, parents and others in the community. ./_OFFICIAL_SENSITIVE__Jones_Aimee_SoS_Decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Jones_Aimee_SoS_Decision_redacted.pdf-The panel noted that Mrs Jones’ behaviour ultimately led to a sentence of imprisonment, ./_OFFICIAL_SENSITIVE__Jones_Aimee_SoS_Decision_redacted.pdf-which was indicative of the seriousness of the offences committed. ./_OFFICIAL_SENSITIVE__Jones_Aimee_SoS_Decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Jones_Aimee_SoS_Decision_redacted.pdf:This was a case concerning offences involving sexual activity and sexual communication ./_OFFICIAL_SENSITIVE__Jones_Aimee_SoS_Decision_redacted.pdf-with a child, which the Advice states is more likely to be considered a relevant offence. ./_OFFICIAL_SENSITIVE__Jones_Aimee_SoS_Decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Jones_Aimee_SoS_Decision_redacted.pdf-The panel found that the seriousness of the offending behaviour that led to the conviction ./_OFFICIAL_SENSITIVE__Jones_Aimee_SoS_Decision_redacted.pdf-was relevant to Mrs Jones’ ongoing suitability to teach. The panel considered that a ./_OFFICIAL_SENSITIVE__Jones_Aimee_SoS_Decision_redacted.pdf-finding that the convictions were for relevant offences was necessary to reaffirm clear ./_OFFICIAL_SENSITIVE__Jones_Aimee_SoS_Decision_redacted.pdf-standards of conduct so as to maintain public confidence in the teaching profession. ./_OFFICIAL_SENSITIVE__Jones_Aimee_SoS_Decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Jones_Aimee_SoS_Decision_redacted.pdf-Accordingly, the panel was satisfied that Mrs Jones’ convictions amount to a conviction, ./_OFFICIAL_SENSITIVE__Jones_Aimee_SoS_Decision_redacted.pdf-at any time, of a relevant offence. ./_OFFICIAL_SENSITIVE__Jones_Aimee_SoS_Decision_redacted.pdf- -- ./_OFFICIAL_SENSITIVE__Jones_Aimee_SoS_Decision_redacted.pdf-safeguarding and wellbeing of pupils and the protection of other members of the public; ./_OFFICIAL_SENSITIVE__Jones_Aimee_SoS_Decision_redacted.pdf-the maintenance of public confidence in the profession; declaring and upholding proper ./_OFFICIAL_SENSITIVE__Jones_Aimee_SoS_Decision_redacted.pdf-standards of conduct; and that prohibition strikes the right balance between the rights of ./_OFFICIAL_SENSITIVE__Jones_Aimee_SoS_Decision_redacted.pdf-the teacher and the public interest, if they are in conflict. ./_OFFICIAL_SENSITIVE__Jones_Aimee_SoS_Decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Jones_Aimee_SoS_Decision_redacted.pdf-In the light of the panel’s findings against Mrs Jones, there was a strong public interest ./_OFFICIAL_SENSITIVE__Jones_Aimee_SoS_Decision_redacted.pdf-consideration in respect of the protection of pupils, given the seriousness of the ./_OFFICIAL_SENSITIVE__Jones_Aimee_SoS_Decision_redacted.pdf:allegations, and in particular the forming of an inappropriate and sexual relationship with ./_OFFICIAL_SENSITIVE__Jones_Aimee_SoS_Decision_redacted.pdf-a child. ./_OFFICIAL_SENSITIVE__Jones_Aimee_SoS_Decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Jones_Aimee_SoS_Decision_redacted.pdf-Similarly, the panel considered that public confidence in the profession could be seriously ./_OFFICIAL_SENSITIVE__Jones_Aimee_SoS_Decision_redacted.pdf-weakened if conduct such as that found against Mrs Jones was not treated with the ./_OFFICIAL_SENSITIVE__Jones_Aimee_SoS_Decision_redacted.pdf-utmost seriousness when regulating the conduct of the profession. ./_OFFICIAL_SENSITIVE__Jones_Aimee_SoS_Decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Jones_Aimee_SoS_Decision_redacted.pdf-The panel was of the view that a strong public interest consideration in declaring proper ./_OFFICIAL_SENSITIVE__Jones_Aimee_SoS_Decision_redacted.pdf-standards of conduct in the profession was also present as the conduct found against ./_OFFICIAL_SENSITIVE__Jones_Aimee_SoS_Decision_redacted.pdf-Mrs Jones was outside that which could reasonably be tolerated. ./_OFFICIAL_SENSITIVE__Jones_Aimee_SoS_Decision_redacted.pdf- -- ./_OFFICIAL_SENSITIVE__Jones_Aimee_SoS_Decision_redacted.pdf- • the commission of a serious criminal offence, including those that resulted in a ./_OFFICIAL_SENSITIVE__Jones_Aimee_SoS_Decision_redacted.pdf- conviction or caution, paying particular attention to offences that are ‘relevant ./_OFFICIAL_SENSITIVE__Jones_Aimee_SoS_Decision_redacted.pdf- matters’ for the purposes of The Police Act 1997 and criminal record disclosures; ./_OFFICIAL_SENSITIVE__Jones_Aimee_SoS_Decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Jones_Aimee_SoS_Decision_redacted.pdf- • misconduct seriously affecting the education and/or well-being of pupils, and ./_OFFICIAL_SENSITIVE__Jones_Aimee_SoS_Decision_redacted.pdf- particularly where there is a continuing risk; ./_OFFICIAL_SENSITIVE__Jones_Aimee_SoS_Decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Jones_Aimee_SoS_Decision_redacted.pdf- • abuse of position or trust (particularly involving pupils); ./_OFFICIAL_SENSITIVE__Jones_Aimee_SoS_Decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Jones_Aimee_SoS_Decision_redacted.pdf- • any abuse of any trust, knowledge or influence gained through their professional ./_OFFICIAL_SENSITIVE__Jones_Aimee_SoS_Decision_redacted.pdf: position in order to advance a romantic or sexual relationship with a pupil or former ./_OFFICIAL_SENSITIVE__Jones_Aimee_SoS_Decision_redacted.pdf- pupil; ./_OFFICIAL_SENSITIVE__Jones_Aimee_SoS_Decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Jones_Aimee_SoS_Decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Jones_Aimee_SoS_Decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Jones_Aimee_SoS_Decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Jones_Aimee_SoS_Decision_redacted.pdf- 9 ./_OFFICIAL_SENSITIVE__Jones_Aimee_SoS_Decision_redacted.pdf- -- ./_OFFICIAL_SENSITIVE__Jones_Aimee_SoS_Decision_redacted.pdf: • sexual misconduct, for example, involving actions that were sexually motivated or ./_OFFICIAL_SENSITIVE__Jones_Aimee_SoS_Decision_redacted.pdf: of a sexual nature and/or that use or exploit the trust, knowledge or influence ./_OFFICIAL_SENSITIVE__Jones_Aimee_SoS_Decision_redacted.pdf- derived from the individual’s professional position; ./_OFFICIAL_SENSITIVE__Jones_Aimee_SoS_Decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Jones_Aimee_SoS_Decision_redacted.pdf- • failure in their duty of care towards a child, including exposing a child to the risk or ./_OFFICIAL_SENSITIVE__Jones_Aimee_SoS_Decision_redacted.pdf- failing to promote the safety and welfare of children (as set out in Part 1 of KCSIE); ./_OFFICIAL_SENSITIVE__Jones_Aimee_SoS_Decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Jones_Aimee_SoS_Decision_redacted.pdf- • violation of the rights of pupils; ./_OFFICIAL_SENSITIVE__Jones_Aimee_SoS_Decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Jones_Aimee_SoS_Decision_redacted.pdf- • collusion of concealment including: ./_OFFICIAL_SENSITIVE__Jones_Aimee_SoS_Decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Jones_Aimee_SoS_Decision_redacted.pdf-  lying to prevent the identification of wrongdoing. -- ./_OFFICIAL_SENSITIVE__Jones_Aimee_SoS_Decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Jones_Aimee_SoS_Decision_redacted.pdf-The panel was of the view that, applying the standard of the ordinary intelligent citizen, it ./_OFFICIAL_SENSITIVE__Jones_Aimee_SoS_Decision_redacted.pdf-would not be a proportionate and appropriate response to recommend no prohibition ./_OFFICIAL_SENSITIVE__Jones_Aimee_SoS_Decision_redacted.pdf-order. Recommending that the publication of adverse findings would be sufficient would ./_OFFICIAL_SENSITIVE__Jones_Aimee_SoS_Decision_redacted.pdf-unacceptably compromise the public interest considerations present in this case, despite ./_OFFICIAL_SENSITIVE__Jones_Aimee_SoS_Decision_redacted.pdf-the severity of the consequences for Mrs Jones of prohibition. ./_OFFICIAL_SENSITIVE__Jones_Aimee_SoS_Decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Jones_Aimee_SoS_Decision_redacted.pdf-The panel was of the view that prohibition was both proportionate and appropriate. The ./_OFFICIAL_SENSITIVE__Jones_Aimee_SoS_Decision_redacted.pdf-panel decided that the public interest considerations outweighed the interests of Mrs ./_OFFICIAL_SENSITIVE__Jones_Aimee_SoS_Decision_redacted.pdf-Jones. The extremely serious nature of Mrs Jones’ offences and the fact that they ./_OFFICIAL_SENSITIVE__Jones_Aimee_SoS_Decision_redacted.pdf:involved sexual activity, sexual communication with a child and an inappropriate ./_OFFICIAL_SENSITIVE__Jones_Aimee_SoS_Decision_redacted.pdf-relationship with a child were significant factors in forming that opinion. Accordingly, the ./_OFFICIAL_SENSITIVE__Jones_Aimee_SoS_Decision_redacted.pdf-panel made a recommendation to the Secretary of State that a prohibition order should ./_OFFICIAL_SENSITIVE__Jones_Aimee_SoS_Decision_redacted.pdf-be imposed with immediate effect. ./_OFFICIAL_SENSITIVE__Jones_Aimee_SoS_Decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Jones_Aimee_SoS_Decision_redacted.pdf-The panel went on to consider whether or not it would be appropriate for it to decide to ./_OFFICIAL_SENSITIVE__Jones_Aimee_SoS_Decision_redacted.pdf-recommend a review period of the order. The panel was mindful that the Advice states ./_OFFICIAL_SENSITIVE__Jones_Aimee_SoS_Decision_redacted.pdf-that a prohibition order applies for life, but there may be circumstances, in any given ./_OFFICIAL_SENSITIVE__Jones_Aimee_SoS_Decision_redacted.pdf-case, that may make it appropriate to allow a teacher to apply to have the prohibition ./_OFFICIAL_SENSITIVE__Jones_Aimee_SoS_Decision_redacted.pdf-order reviewed after a specified period of time that may not be less than two years. ./_OFFICIAL_SENSITIVE__Jones_Aimee_SoS_Decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Jones_Aimee_SoS_Decision_redacted.pdf-The Advice indicates that there are behaviours that, if proved, would militate against the ./_OFFICIAL_SENSITIVE__Jones_Aimee_SoS_Decision_redacted.pdf-recommendation of a review period. The panel considered that the following were ./_OFFICIAL_SENSITIVE__Jones_Aimee_SoS_Decision_redacted.pdf-relevant in respect of Mrs Jones: ./_OFFICIAL_SENSITIVE__Jones_Aimee_SoS_Decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Jones_Aimee_SoS_Decision_redacted.pdf: • serious sexual misconduct, such as where the act was sexually motivated and ./_OFFICIAL_SENSITIVE__Jones_Aimee_SoS_Decision_redacted.pdf- resulted in, or had the potential to result in, harm to a person or persons, ./_OFFICIAL_SENSITIVE__Jones_Aimee_SoS_Decision_redacted.pdf- particularly where the individual has used her professional position to influence or ./_OFFICIAL_SENSITIVE__Jones_Aimee_SoS_Decision_redacted.pdf- exploit a person or persons; and ./_OFFICIAL_SENSITIVE__Jones_Aimee_SoS_Decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Jones_Aimee_SoS_Decision_redacted.pdf: • any sexual misconduct involving a child. ./_OFFICIAL_SENSITIVE__Jones_Aimee_SoS_Decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Jones_Aimee_SoS_Decision_redacted.pdf-The panel decided that the findings indicated a situation in which a review period would ./_OFFICIAL_SENSITIVE__Jones_Aimee_SoS_Decision_redacted.pdf-not be appropriate and, as such, decided that it would be proportionate, in all the ./_OFFICIAL_SENSITIVE__Jones_Aimee_SoS_Decision_redacted.pdf-circumstances, for the prohibition order to be recommended without provision for a ./_OFFICIAL_SENSITIVE__Jones_Aimee_SoS_Decision_redacted.pdf-review period. ./_OFFICIAL_SENSITIVE__Jones_Aimee_SoS_Decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Jones_Aimee_SoS_Decision_redacted.pdf- 11 ./_OFFICIAL_SENSITIVE__Jones_Aimee_SoS_Decision_redacted.pdf- -- ./_OFFICIAL_SENSITIVE__Jones_Aimee_SoS_Decision_redacted.pdf- and at all times observing proper boundaries appropriate to a teacher’s ./_OFFICIAL_SENSITIVE__Jones_Aimee_SoS_Decision_redacted.pdf- professional position ./_OFFICIAL_SENSITIVE__Jones_Aimee_SoS_Decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Jones_Aimee_SoS_Decision_redacted.pdf- o having regard for the need to safeguard pupils’ well-being, in accordance ./_OFFICIAL_SENSITIVE__Jones_Aimee_SoS_Decision_redacted.pdf- with statutory provision ./_OFFICIAL_SENSITIVE__Jones_Aimee_SoS_Decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Jones_Aimee_SoS_Decision_redacted.pdf- • Teachers must have an understanding of, and always act within, the statutory ./_OFFICIAL_SENSITIVE__Jones_Aimee_SoS_Decision_redacted.pdf- frameworks which set out their professional duties and responsibilities. ./_OFFICIAL_SENSITIVE__Jones_Aimee_SoS_Decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Jones_Aimee_SoS_Decision_redacted.pdf-The findings of misconduct are particularly serious as they include a finding of abuse of ./_OFFICIAL_SENSITIVE__Jones_Aimee_SoS_Decision_redacted.pdf:position of trust / engaging in sexual activity with a female, aged between 13-17. ./_OFFICIAL_SENSITIVE__Jones_Aimee_SoS_Decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Jones_Aimee_SoS_Decision_redacted.pdf-I have to determine whether the imposition of a prohibition order is proportionate and in ./_OFFICIAL_SENSITIVE__Jones_Aimee_SoS_Decision_redacted.pdf-the public interest. In considering that for this case, I have considered the overall aim of a ./_OFFICIAL_SENSITIVE__Jones_Aimee_SoS_Decision_redacted.pdf-prohibition order which is to protect pupils and to maintain public confidence in the ./_OFFICIAL_SENSITIVE__Jones_Aimee_SoS_Decision_redacted.pdf-profession. I have considered the extent to which a prohibition order in this case would ./_OFFICIAL_SENSITIVE__Jones_Aimee_SoS_Decision_redacted.pdf-achieve that aim taking into account the impact that it will have on the individual teacher. ./_OFFICIAL_SENSITIVE__Jones_Aimee_SoS_Decision_redacted.pdf-I have also asked myself, whether a less intrusive measure, such as the published ./_OFFICIAL_SENSITIVE__Jones_Aimee_SoS_Decision_redacted.pdf-finding of unacceptable professional conduct and conduct that may bring the profession ./_OFFICIAL_SENSITIVE__Jones_Aimee_SoS_Decision_redacted.pdf-into disrepute, would itself be sufficient to achieve the overall aim. I have to consider ./_OFFICIAL_SENSITIVE__Jones_Aimee_SoS_Decision_redacted.pdf-whether the consequences of such a publication are themselves sufficient. I have -- ./_OFFICIAL_SENSITIVE__Jones_Aimee_SoS_Decision_redacted.pdf:education setting as she had formed a relationship and engaged in sexual conduct with a ./_OFFICIAL_SENSITIVE__Jones_Aimee_SoS_Decision_redacted.pdf-pupil at the School. ./_OFFICIAL_SENSITIVE__Jones_Aimee_SoS_Decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Jones_Aimee_SoS_Decision_redacted.pdf-The panel noted that Mrs Jones’ conduct, in committing the offences, would have had an ./_OFFICIAL_SENSITIVE__Jones_Aimee_SoS_Decision_redacted.pdf-impact on the safety and/or security of pupils and/or members of the public.” ./_OFFICIAL_SENSITIVE__Jones_Aimee_SoS_Decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Jones_Aimee_SoS_Decision_redacted.pdf-A prohibition order would therefore prevent such a risk from being present in the future. ./_OFFICIAL_SENSITIVE__Jones_Aimee_SoS_Decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Jones_Aimee_SoS_Decision_redacted.pdf-I have also taken into account the panel’s comments on insight and remorse, which the ./_OFFICIAL_SENSITIVE__Jones_Aimee_SoS_Decision_redacted.pdf-panel sets out as follows, “As Mrs Jones had not provided any documentation to the ./_OFFICIAL_SENSITIVE__Jones_Aimee_SoS_Decision_redacted.pdf-TRA, the panel was unable to assess her insight into her conduct and/or any remorse. -- ./_OFFICIAL_SENSITIVE__Jones_Aimee_SoS_Decision_redacted.pdf-No evidence was submitted to demonstrate that Mrs Jones had achieved exceptionally ./_OFFICIAL_SENSITIVE__Jones_Aimee_SoS_Decision_redacted.pdf-high standards in both her personal and professional conduct or had contributed ./_OFFICIAL_SENSITIVE__Jones_Aimee_SoS_Decision_redacted.pdf-significantly to the education sector.” ./_OFFICIAL_SENSITIVE__Jones_Aimee_SoS_Decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Jones_Aimee_SoS_Decision_redacted.pdf-A prohibition order would prevent Mrs Jones from teaching and would also clearly ./_OFFICIAL_SENSITIVE__Jones_Aimee_SoS_Decision_redacted.pdf-deprive the public of her contribution to the profession for the period that it is in force. ./_OFFICIAL_SENSITIVE__Jones_Aimee_SoS_Decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Jones_Aimee_SoS_Decision_redacted.pdf-In this case, I have placed considerable weight on the panel’s comments, “The extremely ./_OFFICIAL_SENSITIVE__Jones_Aimee_SoS_Decision_redacted.pdf:serious nature of Mrs Jones’ offences and the fact that they involved sexual activity, ./_OFFICIAL_SENSITIVE__Jones_Aimee_SoS_Decision_redacted.pdf:sexual communication with a child and an inappropriate relationship with a child were ./_OFFICIAL_SENSITIVE__Jones_Aimee_SoS_Decision_redacted.pdf-significant factors in forming that opinion.” ./_OFFICIAL_SENSITIVE__Jones_Aimee_SoS_Decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Jones_Aimee_SoS_Decision_redacted.pdf-I have given less weight in my consideration of sanction therefore, to the contribution that ./_OFFICIAL_SENSITIVE__Jones_Aimee_SoS_Decision_redacted.pdf-Mrs Jones has made to the profession. In my view, it is necessary to impose a prohibition ./_OFFICIAL_SENSITIVE__Jones_Aimee_SoS_Decision_redacted.pdf-order in order to maintain public confidence in the profession. ./_OFFICIAL_SENSITIVE__Jones_Aimee_SoS_Decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Jones_Aimee_SoS_Decision_redacted.pdf-For these reasons, I have concluded that a prohibition order is proportionate and in the ./_OFFICIAL_SENSITIVE__Jones_Aimee_SoS_Decision_redacted.pdf-public interest in order to achieve the intended aims of a prohibition order. ./_OFFICIAL_SENSITIVE__Jones_Aimee_SoS_Decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Jones_Aimee_SoS_Decision_redacted.pdf-I have gone on to consider the matter of a review period. In this case, the panel has ./_OFFICIAL_SENSITIVE__Jones_Aimee_SoS_Decision_redacted.pdf-recommended that no provision should be made for a review period. ./_OFFICIAL_SENSITIVE__Jones_Aimee_SoS_Decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Jones_Aimee_SoS_Decision_redacted.pdf-I have considered the panel’s comments “The panel considered that the following were ./_OFFICIAL_SENSITIVE__Jones_Aimee_SoS_Decision_redacted.pdf-relevant in respect of Mrs Jones: ./_OFFICIAL_SENSITIVE__Jones_Aimee_SoS_Decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Jones_Aimee_SoS_Decision_redacted.pdf: • serious sexual misconduct, such as where the act was sexually motivated and ./_OFFICIAL_SENSITIVE__Jones_Aimee_SoS_Decision_redacted.pdf- resulted in, or had the potential to result in, harm to a person or persons, ./_OFFICIAL_SENSITIVE__Jones_Aimee_SoS_Decision_redacted.pdf- particularly where the individual has used her professional position to influence or ./_OFFICIAL_SENSITIVE__Jones_Aimee_SoS_Decision_redacted.pdf- exploit a person or persons; and ./_OFFICIAL_SENSITIVE__Jones_Aimee_SoS_Decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Jones_Aimee_SoS_Decision_redacted.pdf: • any sexual misconduct involving a child.” ./_OFFICIAL_SENSITIVE__Jones_Aimee_SoS_Decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Jones_Aimee_SoS_Decision_redacted.pdf-I have considered whether not allowing for a review period reflects the seriousness of the ./_OFFICIAL_SENSITIVE__Jones_Aimee_SoS_Decision_redacted.pdf-findings and is proportionate to achieve the aim of maintaining public confidence in the ./_OFFICIAL_SENSITIVE__Jones_Aimee_SoS_Decision_redacted.pdf-profession. In this case, the factors mean which mean that not allowing for a review ./_OFFICIAL_SENSITIVE__Jones_Aimee_SoS_Decision_redacted.pdf-period is necessary are the serious nature of the conviction found. ./_OFFICIAL_SENSITIVE__Jones_Aimee_SoS_Decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Jones_Aimee_SoS_Decision_redacted.pdf-I consider therefore that allowing for no review period is necessary to maintain public ./_OFFICIAL_SENSITIVE__Jones_Aimee_SoS_Decision_redacted.pdf-confidence and is proportionate and in the public interest. ./_OFFICIAL_SENSITIVE__Jones_Aimee_SoS_Decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Jones_Aimee_SoS_Decision_redacted.pdf-This means that Mrs Aimee Jones is prohibited from teaching indefinitely and ./_OFFICIAL_SENSITIVE__Jones__Nicholas_SoS_Decision.pdf-The panel had been provided with a copy of the certificate of conviction from Birmingham ./_OFFICIAL_SENSITIVE__Jones__Nicholas_SoS_Decision.pdf-Crown Court, which detailed that Mr Jones had been convicted of three counts of making ./_OFFICIAL_SENSITIVE__Jones__Nicholas_SoS_Decision.pdf-an indecent photograph/pseudo-photograph of a child between 1 January 2019 and 23 ./_OFFICIAL_SENSITIVE__Jones__Nicholas_SoS_Decision.pdf-August 2019. ./_OFFICIAL_SENSITIVE__Jones__Nicholas_SoS_Decision.pdf- ./_OFFICIAL_SENSITIVE__Jones__Nicholas_SoS_Decision.pdf-In respect of the allegations, Mr Jones was sentenced at Birmingham Crown Court on 11 ./_OFFICIAL_SENSITIVE__Jones__Nicholas_SoS_Decision.pdf-August 2020, as follows: allegation 1, 8 months’ imprisonment suspended for 24 months; ./_OFFICIAL_SENSITIVE__Jones__Nicholas_SoS_Decision.pdf-allegation 2, 4 months’ imprisonment, to run concurrent, suspended for 24 months; ./_OFFICIAL_SENSITIVE__Jones__Nicholas_SoS_Decision.pdf-allegation 3, 2 months’ imprisonment, to run concurrent, suspended for 24 months. In ./_OFFICIAL_SENSITIVE__Jones__Nicholas_SoS_Decision.pdf-respect of all the allegations, Mr Jones was also sentenced to participate in an accredited ./_OFFICIAL_SENSITIVE__Jones__Nicholas_SoS_Decision.pdf:sex offender group programme rehabilitation activity requirement for a maximum of 30 ./_OFFICIAL_SENSITIVE__Jones__Nicholas_SoS_Decision.pdf-days and undertake 150 hours unpaid work. Further, for a period of 10 years, Mr Jones ./_OFFICIAL_SENSITIVE__Jones__Nicholas_SoS_Decision.pdf-was made subject to a Sexual Harm Prevention Order and ordered to sign the Sex ./_OFFICIAL_SENSITIVE__Jones__Nicholas_SoS_Decision.pdf-Offenders Register. ./_OFFICIAL_SENSITIVE__Jones__Nicholas_SoS_Decision.pdf- ./_OFFICIAL_SENSITIVE__Jones__Nicholas_SoS_Decision.pdf-On examination of the documents before the panel, the panel was satisfied that the facts ./_OFFICIAL_SENSITIVE__Jones__Nicholas_SoS_Decision.pdf-of allegation 1, 2 and 3 were proven. ./_OFFICIAL_SENSITIVE__Jones__Nicholas_SoS_Decision.pdf- ./_OFFICIAL_SENSITIVE__Jones__Nicholas_SoS_Decision.pdf-Findings as to a conviction of a relevant offence ./_OFFICIAL_SENSITIVE__Jones__Nicholas_SoS_Decision.pdf- ./_OFFICIAL_SENSITIVE__Jones__Nicholas_SoS_Decision.pdf-Having found the allegations proved, the panel went on to consider whether the facts of -- ./_OFFICIAL_SENSITIVE__Jones__Nicholas_SoS_Decision.pdf-There was no evidence before the panel that Mr Jones demonstrates exceptionally high ./_OFFICIAL_SENSITIVE__Jones__Nicholas_SoS_Decision.pdf-standards in both personal and professional conduct and has contributed significantly to ./_OFFICIAL_SENSITIVE__Jones__Nicholas_SoS_Decision.pdf-the education sector. ./_OFFICIAL_SENSITIVE__Jones__Nicholas_SoS_Decision.pdf- ./_OFFICIAL_SENSITIVE__Jones__Nicholas_SoS_Decision.pdf-The panel noted the contents of the pre-sentence report. The report outlined that Mr ./_OFFICIAL_SENSITIVE__Jones__Nicholas_SoS_Decision.pdf-Jones pleaded guilty to the offences. [redacted]. The report referenced [redacted]. The ./_OFFICIAL_SENSITIVE__Jones__Nicholas_SoS_Decision.pdf-panel noted that the [redacted] referred to did not form part of the evidence before them ./_OFFICIAL_SENSITIVE__Jones__Nicholas_SoS_Decision.pdf-and therefore they were not able to consider its contents. ./_OFFICIAL_SENSITIVE__Jones__Nicholas_SoS_Decision.pdf- ./_OFFICIAL_SENSITIVE__Jones__Nicholas_SoS_Decision.pdf-Further, the panel noted that no evidence had been submitted to attest to the work Mr ./_OFFICIAL_SENSITIVE__Jones__Nicholas_SoS_Decision.pdf:Jones had completed as part of accredited sex offender group programme rehabilitation ./_OFFICIAL_SENSITIVE__Jones__Nicholas_SoS_Decision.pdf-activity requirement. The panel accepted that Mr Jones had shown some insight and ./_OFFICIAL_SENSITIVE__Jones__Nicholas_SoS_Decision.pdf-remorse into his behaviour. However, the panel were concerned that the pre-sentence ./_OFFICIAL_SENSITIVE__Jones__Nicholas_SoS_Decision.pdf:report referred to Mr Jones being a “medium risk of committing further sexual offences” ./_OFFICIAL_SENSITIVE__Jones__Nicholas_SoS_Decision.pdf-and that there was no evidence presented to them to suggest that this risk had reduced. ./_OFFICIAL_SENSITIVE__Jones__Nicholas_SoS_Decision.pdf- ./_OFFICIAL_SENSITIVE__Jones__Nicholas_SoS_Decision.pdf-The panel first considered whether it would be proportionate to conclude this case with ./_OFFICIAL_SENSITIVE__Jones__Nicholas_SoS_Decision.pdf-no recommendation of prohibition, considering whether the publication of the findings ./_OFFICIAL_SENSITIVE__Jones__Nicholas_SoS_Decision.pdf-made by the panel would be sufficient. ./_OFFICIAL_SENSITIVE__Jones__Nicholas_SoS_Decision.pdf- ./_OFFICIAL_SENSITIVE__Jones__Nicholas_SoS_Decision.pdf-The panel was of the view that, applying the standard of the ordinary intelligent citizen, it ./_OFFICIAL_SENSITIVE__Jones__Nicholas_SoS_Decision.pdf-would not be a proportionate and appropriate response to recommend no prohibition ./_OFFICIAL_SENSITIVE__Jones__Nicholas_SoS_Decision.pdf-order. Recommending that the publication of adverse findings was sufficient would ./_OFFICIAL_SENSITIVE__Jones__Nicholas_SoS_Decision.pdf-unacceptably compromise the public interest considerations present in this case, despite -- ./_OFFICIAL_SENSITIVE__Jones__Nicholas_SoS_Decision.pdf- ./_OFFICIAL_SENSITIVE__Jones__Nicholas_SoS_Decision.pdf-In this case, I have considered the extent to which a prohibition order would protect ./_OFFICIAL_SENSITIVE__Jones__Nicholas_SoS_Decision.pdf-children and safeguard pupils. The panel has observed, “there was a strong public ./_OFFICIAL_SENSITIVE__Jones__Nicholas_SoS_Decision.pdf-interest consideration in respect of the protection of pupils given the serious findings.” ./_OFFICIAL_SENSITIVE__Jones__Nicholas_SoS_Decision.pdf- ./_OFFICIAL_SENSITIVE__Jones__Nicholas_SoS_Decision.pdf-A prohibition order would therefore prevent such a risk from being present in the future. ./_OFFICIAL_SENSITIVE__Jones__Nicholas_SoS_Decision.pdf- ./_OFFICIAL_SENSITIVE__Jones__Nicholas_SoS_Decision.pdf-I have also taken into account the panel’s comments on insight and remorse, which the ./_OFFICIAL_SENSITIVE__Jones__Nicholas_SoS_Decision.pdf-panel sets out as follows, “The panel accepted that Mr Jones had shown some insight ./_OFFICIAL_SENSITIVE__Jones__Nicholas_SoS_Decision.pdf-and remorse into his behaviour. However, the panel were concerned that the pre- ./_OFFICIAL_SENSITIVE__Jones__Nicholas_SoS_Decision.pdf:sentence report referred to Mr Jones being a “medium risk of committing further sexual ./_OFFICIAL_SENSITIVE__Jones__Nicholas_SoS_Decision.pdf-offences” and that there was no evidence presented to them to suggest that this risk had ./_OFFICIAL_SENSITIVE__Jones__Nicholas_SoS_Decision.pdf-reduced.” ./_OFFICIAL_SENSITIVE__Jones__Nicholas_SoS_Decision.pdf- ./_OFFICIAL_SENSITIVE__Jones__Nicholas_SoS_Decision.pdf-In my judgement, the lack of full insight means that there is some risk of the repetition of ./_OFFICIAL_SENSITIVE__Jones__Nicholas_SoS_Decision.pdf-this behaviour and this puts at risk the future wellbeing of pupils. I have therefore given ./_OFFICIAL_SENSITIVE__Jones__Nicholas_SoS_Decision.pdf-this element considerable weight in reaching my decision. ./_OFFICIAL_SENSITIVE__Jones__Nicholas_SoS_Decision.pdf- ./_OFFICIAL_SENSITIVE__Jones__Nicholas_SoS_Decision.pdf- ./_OFFICIAL_SENSITIVE__Jones__Nicholas_SoS_Decision.pdf- ./_OFFICIAL_SENSITIVE__Jones__Nicholas_SoS_Decision.pdf- 11 ./_OFFICIAL_SENSITIVE__Joseph_Reiss_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Joseph_Reiss_SoS_decision_redacted.pdf- • Documentation relating to Individual F’s health. ./_OFFICIAL_SENSITIVE__Joseph_Reiss_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Joseph_Reiss_SoS_decision_redacted.pdf-Individual G’s representative applied to admit the following documents: ./_OFFICIAL_SENSITIVE__Joseph_Reiss_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Joseph_Reiss_SoS_decision_redacted.pdf- • Witness statement of Individual G. ./_OFFICIAL_SENSITIVE__Joseph_Reiss_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Joseph_Reiss_SoS_decision_redacted.pdf- • 10 character references ./_OFFICIAL_SENSITIVE__Joseph_Reiss_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Joseph_Reiss_SoS_decision_redacted.pdf- • Certificates of achievement for digital safety awareness, Keeping Children Safe in ./_OFFICIAL_SENSITIVE__Joseph_Reiss_SoS_decision_redacted.pdf: Education, Prevent training, child on child sexual violence, abuse and harassment ./_OFFICIAL_SENSITIVE__Joseph_Reiss_SoS_decision_redacted.pdf- and fire safety awareness. ./_OFFICIAL_SENSITIVE__Joseph_Reiss_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Joseph_Reiss_SoS_decision_redacted.pdf-Mr Joseph’s representative applied to admit the following documents: ./_OFFICIAL_SENSITIVE__Joseph_Reiss_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Joseph_Reiss_SoS_decision_redacted.pdf- • Witness statement of Mr Joseph. ./_OFFICIAL_SENSITIVE__Joseph_Reiss_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Joseph_Reiss_SoS_decision_redacted.pdf- • Witness statement of Witness J. ./_OFFICIAL_SENSITIVE__Joseph_Reiss_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Joseph_Reiss_SoS_decision_redacted.pdf- • 3 character references ./_OFFICIAL_SENSITIVE__Joseph_Reiss_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Kyne_Robin_SoS_Decision_Redacted.pdf- i. On 23 August 2007 ./_OFFICIAL_SENSITIVE__Kyne_Robin_SoS_Decision_Redacted.pdf- ./_OFFICIAL_SENSITIVE__Kyne_Robin_SoS_Decision_Redacted.pdf- (a) Asking Pupil A to send him a picture of herself; ./_OFFICIAL_SENSITIVE__Kyne_Robin_SoS_Decision_Redacted.pdf- ./_OFFICIAL_SENSITIVE__Kyne_Robin_SoS_Decision_Redacted.pdf- (b) Telling her “there were times when I could have just pulled you behind ./_OFFICIAL_SENSITIVE__Kyne_Robin_SoS_Decision_Redacted.pdf- the curtains in the Studio but I never would have - that would have crossed ./_OFFICIAL_SENSITIVE__Kyne_Robin_SoS_Decision_Redacted.pdf- the line” ./_OFFICIAL_SENSITIVE__Kyne_Robin_SoS_Decision_Redacted.pdf- ./_OFFICIAL_SENSITIVE__Kyne_Robin_SoS_Decision_Redacted.pdf- (c) Initiating a “quickfire quiz” with Pupil A, the questions in which were ./_OFFICIAL_SENSITIVE__Kyne_Robin_SoS_Decision_Redacted.pdf: sexual. ./_OFFICIAL_SENSITIVE__Kyne_Robin_SoS_Decision_Redacted.pdf- ./_OFFICIAL_SENSITIVE__Kyne_Robin_SoS_Decision_Redacted.pdf- (d) Asking Pupil A what she thought would happen if the two of them had ./_OFFICIAL_SENSITIVE__Kyne_Robin_SoS_Decision_Redacted.pdf: sex ./_OFFICIAL_SENSITIVE__Kyne_Robin_SoS_Decision_Redacted.pdf- ./_OFFICIAL_SENSITIVE__Kyne_Robin_SoS_Decision_Redacted.pdf- (e) Asking Pupil A “When are we going to do it? Under what ./_OFFICIAL_SENSITIVE__Kyne_Robin_SoS_Decision_Redacted.pdf- circumstances?” ./_OFFICIAL_SENSITIVE__Kyne_Robin_SoS_Decision_Redacted.pdf- ./_OFFICIAL_SENSITIVE__Kyne_Robin_SoS_Decision_Redacted.pdf-ii. On 27 August 2007: ./_OFFICIAL_SENSITIVE__Kyne_Robin_SoS_Decision_Redacted.pdf- ./_OFFICIAL_SENSITIVE__Kyne_Robin_SoS_Decision_Redacted.pdf- (a) Telling Pupil A “miss you, can’t wait to see you again, can’t wait to be ./_OFFICIAL_SENSITIVE__Kyne_Robin_SoS_Decision_Redacted.pdf- inside you xx”. ./_OFFICIAL_SENSITIVE__Kyne_Robin_SoS_Decision_Redacted.pdf- ./_OFFICIAL_SENSITIVE__Kyne_Robin_SoS_Decision_Redacted.pdf: (b) Telling Pupil A “you’re a sexy woman, I don’t care if you don’t do ./_OFFICIAL_SENSITIVE__Kyne_Robin_SoS_Decision_Redacted.pdf- compliments.” ./_OFFICIAL_SENSITIVE__Kyne_Robin_SoS_Decision_Redacted.pdf- ./_OFFICIAL_SENSITIVE__Kyne_Robin_SoS_Decision_Redacted.pdf-iii. On 29 August 2007: ./_OFFICIAL_SENSITIVE__Kyne_Robin_SoS_Decision_Redacted.pdf- ./_OFFICIAL_SENSITIVE__Kyne_Robin_SoS_Decision_Redacted.pdf- (a) To arrange to meet in a hotel for a weekend in November 2007. ./_OFFICIAL_SENSITIVE__Kyne_Robin_SoS_Decision_Redacted.pdf- ./_OFFICIAL_SENSITIVE__Kyne_Robin_SoS_Decision_Redacted.pdf- (b) Asking Pupil A “will I get a pic this eve? To make up for the fact that you ./_OFFICIAL_SENSITIVE__Kyne_Robin_SoS_Decision_Redacted.pdf- can’t make tomorrow?” ./_OFFICIAL_SENSITIVE__Kyne_Robin_SoS_Decision_Redacted.pdf- ./_OFFICIAL_SENSITIVE__Kyne_Robin_SoS_Decision_Redacted.pdf- (c) Telling Pupil A “shame – sounds like a good opportunity for a top half -- ./_OFFICIAL_SENSITIVE__Kyne_Robin_SoS_Decision_Redacted.pdf- (c) Telling Pupil A “fascination with your boobs is a relatively new thing ./_OFFICIAL_SENSITIVE__Kyne_Robin_SoS_Decision_Redacted.pdf- since the ability to actually kiss them has emerged”. ./_OFFICIAL_SENSITIVE__Kyne_Robin_SoS_Decision_Redacted.pdf- ./_OFFICIAL_SENSITIVE__Kyne_Robin_SoS_Decision_Redacted.pdf- (d) Telling Pupil A “disappointed I didn’t get to see you today – wearing my ./_OFFICIAL_SENSITIVE__Kyne_Robin_SoS_Decision_Redacted.pdf: sexy pants just in case!” ./_OFFICIAL_SENSITIVE__Kyne_Robin_SoS_Decision_Redacted.pdf- ./_OFFICIAL_SENSITIVE__Kyne_Robin_SoS_Decision_Redacted.pdf- (e) Telling Pupil A “I’d love to be under the duvet with you!” ./_OFFICIAL_SENSITIVE__Kyne_Robin_SoS_Decision_Redacted.pdf- ./_OFFICIAL_SENSITIVE__Kyne_Robin_SoS_Decision_Redacted.pdf- v. On 1 September 2007 ./_OFFICIAL_SENSITIVE__Kyne_Robin_SoS_Decision_Redacted.pdf- ./_OFFICIAL_SENSITIVE__Kyne_Robin_SoS_Decision_Redacted.pdf- (a) Telling Pupil A “Right boo, I’ve got to go. Can’t wait to hold you ./_OFFICIAL_SENSITIVE__Kyne_Robin_SoS_Decision_Redacted.pdf- tight...text me later.” ./_OFFICIAL_SENSITIVE__Kyne_Robin_SoS_Decision_Redacted.pdf- ./_OFFICIAL_SENSITIVE__Kyne_Robin_SoS_Decision_Redacted.pdf- (b) Telling Pupil A “...and send me another pic, if the urge takes you! ./_OFFICIAL_SENSITIVE__Kyne_Robin_SoS_Decision_Redacted.pdf- Who knows, I might send you one back!” -- ./_OFFICIAL_SENSITIVE__Kyne_Robin_SoS_Decision_Redacted.pdf- bit responsible for you now! Poor student!” ./_OFFICIAL_SENSITIVE__Kyne_Robin_SoS_Decision_Redacted.pdf- ./_OFFICIAL_SENSITIVE__Kyne_Robin_SoS_Decision_Redacted.pdf-h) In, or around, September 2007, he; ./_OFFICIAL_SENSITIVE__Kyne_Robin_SoS_Decision_Redacted.pdf- ./_OFFICIAL_SENSITIVE__Kyne_Robin_SoS_Decision_Redacted.pdf- i. Met up with Pupil A; ./_OFFICIAL_SENSITIVE__Kyne_Robin_SoS_Decision_Redacted.pdf- ./_OFFICIAL_SENSITIVE__Kyne_Robin_SoS_Decision_Redacted.pdf- ii. Kissed her; ./_OFFICIAL_SENSITIVE__Kyne_Robin_SoS_Decision_Redacted.pdf- ./_OFFICIAL_SENSITIVE__Kyne_Robin_SoS_Decision_Redacted.pdf- iii. Touched her bottom. ./_OFFICIAL_SENSITIVE__Kyne_Robin_SoS_Decision_Redacted.pdf- ./_OFFICIAL_SENSITIVE__Kyne_Robin_SoS_Decision_Redacted.pdf:i) In or around October 2007, he had sexual intercourse with Pupil A. ./_OFFICIAL_SENSITIVE__Kyne_Robin_SoS_Decision_Redacted.pdf- ./_OFFICIAL_SENSITIVE__Kyne_Robin_SoS_Decision_Redacted.pdf-j) Between September 2007 and December 2007, asked and/or pressured Pupil A ./_OFFICIAL_SENSITIVE__Kyne_Robin_SoS_Decision_Redacted.pdf- into purchasing and/or transporting drugs for him, including: ./_OFFICIAL_SENSITIVE__Kyne_Robin_SoS_Decision_Redacted.pdf- ./_OFFICIAL_SENSITIVE__Kyne_Robin_SoS_Decision_Redacted.pdf- i. On or about 9 October 2007, ./_OFFICIAL_SENSITIVE__Kyne_Robin_SoS_Decision_Redacted.pdf- ./_OFFICIAL_SENSITIVE__Kyne_Robin_SoS_Decision_Redacted.pdf- ./_OFFICIAL_SENSITIVE__Kyne_Robin_SoS_Decision_Redacted.pdf- 6 ./_OFFICIAL_SENSITIVE__Kyne_Robin_SoS_Decision_Redacted.pdf- -- ./_OFFICIAL_SENSITIVE__Kyne_Robin_SoS_Decision_Redacted.pdf: (b) Asking Pupil A “Tonight, I would ask two things of you...a nice sexy pic ./_OFFICIAL_SENSITIVE__Kyne_Robin_SoS_Decision_Redacted.pdf- and a final try for some drugs...” ./_OFFICIAL_SENSITIVE__Kyne_Robin_SoS_Decision_Redacted.pdf- ./_OFFICIAL_SENSITIVE__Kyne_Robin_SoS_Decision_Redacted.pdf-2. His conduct as may be found proven at allegations 1 a -i was: ./_OFFICIAL_SENSITIVE__Kyne_Robin_SoS_Decision_Redacted.pdf- ./_OFFICIAL_SENSITIVE__Kyne_Robin_SoS_Decision_Redacted.pdf: a) conduct of a sexual nature and/or; ./_OFFICIAL_SENSITIVE__Kyne_Robin_SoS_Decision_Redacted.pdf- ./_OFFICIAL_SENSITIVE__Kyne_Robin_SoS_Decision_Redacted.pdf: b) sexually motivated; ./_OFFICIAL_SENSITIVE__Kyne_Robin_SoS_Decision_Redacted.pdf- ./_OFFICIAL_SENSITIVE__Kyne_Robin_SoS_Decision_Redacted.pdf-3. His conduct as may be found proven at allegation 1 above occurred when you knew, ./_OFFICIAL_SENSITIVE__Kyne_Robin_SoS_Decision_Redacted.pdf- or ought to have known, that Pupil A was vulnerable. ./_OFFICIAL_SENSITIVE__Kyne_Robin_SoS_Decision_Redacted.pdf- ./_OFFICIAL_SENSITIVE__Kyne_Robin_SoS_Decision_Redacted.pdf- ./_OFFICIAL_SENSITIVE__Kyne_Robin_SoS_Decision_Redacted.pdf-Preliminary applications ./_OFFICIAL_SENSITIVE__Kyne_Robin_SoS_Decision_Redacted.pdf-The panel noted that since the date of the referral to the TRA in this case, new ‘Teacher ./_OFFICIAL_SENSITIVE__Kyne_Robin_SoS_Decision_Redacted.pdf-misconduct: Disciplinary procedures for the teaching profession’ were published in May ./_OFFICIAL_SENSITIVE__Kyne_Robin_SoS_Decision_Redacted.pdf-2020 (the “May 2020 Procedures”). The panel understands that the earlier provisions ./_OFFICIAL_SENSITIVE__Kyne_Robin_SoS_Decision_Redacted.pdf-contained within the ‘Teacher misconduct: Disciplinary procedures for the teaching -- ./_OFFICIAL_SENSITIVE__Kyne_Robin_SoS_Decision_Redacted.pdf- present for him. ./_OFFICIAL_SENSITIVE__Kyne_Robin_SoS_Decision_Redacted.pdf- ./_OFFICIAL_SENSITIVE__Kyne_Robin_SoS_Decision_Redacted.pdf- • at 5.24pm on 21 August 2007, which stated: “features quite often in my dreams, ./_OFFICIAL_SENSITIVE__Kyne_Robin_SoS_Decision_Redacted.pdf- yes” in response to messages about Pupil A wearing a thong. ./_OFFICIAL_SENSITIVE__Kyne_Robin_SoS_Decision_Redacted.pdf- ./_OFFICIAL_SENSITIVE__Kyne_Robin_SoS_Decision_Redacted.pdf- • at 5.25pm on 21 August 2007, which stated: “so when you coming to see me?” ./_OFFICIAL_SENSITIVE__Kyne_Robin_SoS_Decision_Redacted.pdf- ./_OFFICIAL_SENSITIVE__Kyne_Robin_SoS_Decision_Redacted.pdf-The panel considered that these messages amounted to a failure to maintain appropriate ./_OFFICIAL_SENSITIVE__Kyne_Robin_SoS_Decision_Redacted.pdf-professional boundaries. The panel also considered that Mr Kyne had an inappropriate ./_OFFICIAL_SENSITIVE__Kyne_Robin_SoS_Decision_Redacted.pdf-relationship with Pupil A. [REDACTED]. The Facebook messages very quickly became ./_OFFICIAL_SENSITIVE__Kyne_Robin_SoS_Decision_Redacted.pdf:graphic and sexual in nature. The panel’s view was that Mr Kyne’s relationship with Pupil ./_OFFICIAL_SENSITIVE__Kyne_Robin_SoS_Decision_Redacted.pdf-A was rooted in the teacher/pupil relationship. ./_OFFICIAL_SENSITIVE__Kyne_Robin_SoS_Decision_Redacted.pdf- ./_OFFICIAL_SENSITIVE__Kyne_Robin_SoS_Decision_Redacted.pdf-On examination of the documentary and oral evidence before it, the panel found ./_OFFICIAL_SENSITIVE__Kyne_Robin_SoS_Decision_Redacted.pdf-allegation 1(f)(i)-(iv) proven. ./_OFFICIAL_SENSITIVE__Kyne_Robin_SoS_Decision_Redacted.pdf- ./_OFFICIAL_SENSITIVE__Kyne_Robin_SoS_Decision_Redacted.pdf- g) Between 23 August 2007 and 3 September 2007, messaged Pupil A on social ./_OFFICIAL_SENSITIVE__Kyne_Robin_SoS_Decision_Redacted.pdf- media on one or more occasions including: ./_OFFICIAL_SENSITIVE__Kyne_Robin_SoS_Decision_Redacted.pdf- ./_OFFICIAL_SENSITIVE__Kyne_Robin_SoS_Decision_Redacted.pdf- i. On 23 August 2007 ./_OFFICIAL_SENSITIVE__Kyne_Robin_SoS_Decision_Redacted.pdf- ./_OFFICIAL_SENSITIVE__Kyne_Robin_SoS_Decision_Redacted.pdf- (a) Asking Pupil A to send you a picture of herself; ./_OFFICIAL_SENSITIVE__Kyne_Robin_SoS_Decision_Redacted.pdf- ./_OFFICIAL_SENSITIVE__Kyne_Robin_SoS_Decision_Redacted.pdf- (b) Telling her “there were times when I could have just pulled you ./_OFFICIAL_SENSITIVE__Kyne_Robin_SoS_Decision_Redacted.pdf- behind the curtains in the Studio but I never would have - that would ./_OFFICIAL_SENSITIVE__Kyne_Robin_SoS_Decision_Redacted.pdf- have crossed the line” ./_OFFICIAL_SENSITIVE__Kyne_Robin_SoS_Decision_Redacted.pdf- ./_OFFICIAL_SENSITIVE__Kyne_Robin_SoS_Decision_Redacted.pdf- (c) Initiating a “quickfire quiz” with Pupil A, the questions in which ./_OFFICIAL_SENSITIVE__Kyne_Robin_SoS_Decision_Redacted.pdf: were sexual. ./_OFFICIAL_SENSITIVE__Kyne_Robin_SoS_Decision_Redacted.pdf- ./_OFFICIAL_SENSITIVE__Kyne_Robin_SoS_Decision_Redacted.pdf- (d) Asking Pupil A what she thought would happen if the two of you ./_OFFICIAL_SENSITIVE__Kyne_Robin_SoS_Decision_Redacted.pdf: had sex ./_OFFICIAL_SENSITIVE__Kyne_Robin_SoS_Decision_Redacted.pdf- ./_OFFICIAL_SENSITIVE__Kyne_Robin_SoS_Decision_Redacted.pdf- (e) Asking Pupil A “When are we going to do it? Under what ./_OFFICIAL_SENSITIVE__Kyne_Robin_SoS_Decision_Redacted.pdf- circumstances?” ./_OFFICIAL_SENSITIVE__Kyne_Robin_SoS_Decision_Redacted.pdf- ./_OFFICIAL_SENSITIVE__Kyne_Robin_SoS_Decision_Redacted.pdf-The panel considered the Facebook messages and noted messages from Mr Kyne to ./_OFFICIAL_SENSITIVE__Kyne_Robin_SoS_Decision_Redacted.pdf-Pupil A: ./_OFFICIAL_SENSITIVE__Kyne_Robin_SoS_Decision_Redacted.pdf- ./_OFFICIAL_SENSITIVE__Kyne_Robin_SoS_Decision_Redacted.pdf- ./_OFFICIAL_SENSITIVE__Kyne_Robin_SoS_Decision_Redacted.pdf- ./_OFFICIAL_SENSITIVE__Kyne_Robin_SoS_Decision_Redacted.pdf- -- ./_OFFICIAL_SENSITIVE__Kyne_Robin_SoS_Decision_Redacted.pdf- at 12.40pm, which stated: “…send me a pic to cheer me up and relieve me from ./_OFFICIAL_SENSITIVE__Kyne_Robin_SoS_Decision_Redacted.pdf- the boredom!” ./_OFFICIAL_SENSITIVE__Kyne_Robin_SoS_Decision_Redacted.pdf- ./_OFFICIAL_SENSITIVE__Kyne_Robin_SoS_Decision_Redacted.pdf- • at 10.29pm on 23 August 2007, which stated: “there were times when I could have ./_OFFICIAL_SENSITIVE__Kyne_Robin_SoS_Decision_Redacted.pdf- just pulled you behind the curtains in the Studio but I never would have - that ./_OFFICIAL_SENSITIVE__Kyne_Robin_SoS_Decision_Redacted.pdf- would have crossed the line!” ./_OFFICIAL_SENSITIVE__Kyne_Robin_SoS_Decision_Redacted.pdf- ./_OFFICIAL_SENSITIVE__Kyne_Robin_SoS_Decision_Redacted.pdf- • at 9.31pm on 23 August 2007, Mr Kyne messaged Pupil A and said: “Right, ./_OFFICIAL_SENSITIVE__Kyne_Robin_SoS_Decision_Redacted.pdf- quickfire quiz. I ask one question, you respond and ask another. We’ll start off with ./_OFFICIAL_SENSITIVE__Kyne_Robin_SoS_Decision_Redacted.pdf- an old comedy favourite. Spit or swallow?” A number of messages followed in ./_OFFICIAL_SENSITIVE__Kyne_Robin_SoS_Decision_Redacted.pdf: which Mr Kyne and Pupil A asked each other sexual questions. ./_OFFICIAL_SENSITIVE__Kyne_Robin_SoS_Decision_Redacted.pdf- ./_OFFICIAL_SENSITIVE__Kyne_Robin_SoS_Decision_Redacted.pdf: • at 10.37pm on 23 August 2007, which stated: “if we had sex, what do you imagine ./_OFFICIAL_SENSITIVE__Kyne_Robin_SoS_Decision_Redacted.pdf- would happen?” Pupil A responded to ask what Mr Kyne meant, and he said: “I ./_OFFICIAL_SENSITIVE__Kyne_Robin_SoS_Decision_Redacted.pdf- mean, in your fantasy (which you must be having, cos I’ll admit I’m having it), how ./_OFFICIAL_SENSITIVE__Kyne_Robin_SoS_Decision_Redacted.pdf- does it play out?” ./_OFFICIAL_SENSITIVE__Kyne_Robin_SoS_Decision_Redacted.pdf- ./_OFFICIAL_SENSITIVE__Kyne_Robin_SoS_Decision_Redacted.pdf- • at 10.51pm on 23 August 2007, which stated: “I think we’ve exhausted every ./_OFFICIAL_SENSITIVE__Kyne_Robin_SoS_Decision_Redacted.pdf: possible sex and drugs question there is. When are we going to do it? Under what ./_OFFICIAL_SENSITIVE__Kyne_Robin_SoS_Decision_Redacted.pdf- circumstances?” ./_OFFICIAL_SENSITIVE__Kyne_Robin_SoS_Decision_Redacted.pdf- ./_OFFICIAL_SENSITIVE__Kyne_Robin_SoS_Decision_Redacted.pdf-The panel considered that these messages amounted to a failure to maintain appropriate ./_OFFICIAL_SENSITIVE__Kyne_Robin_SoS_Decision_Redacted.pdf-professional boundaries and an inappropriate relationship for the reasons set out above ./_OFFICIAL_SENSITIVE__Kyne_Robin_SoS_Decision_Redacted.pdf-at allegation 1(f)(i)-(iv). ./_OFFICIAL_SENSITIVE__Kyne_Robin_SoS_Decision_Redacted.pdf- ./_OFFICIAL_SENSITIVE__Kyne_Robin_SoS_Decision_Redacted.pdf-On examination of the documentary and oral evidence before it, the panel found ./_OFFICIAL_SENSITIVE__Kyne_Robin_SoS_Decision_Redacted.pdf-allegation 1(g)(i)(a)-(e) proven. ./_OFFICIAL_SENSITIVE__Kyne_Robin_SoS_Decision_Redacted.pdf- ./_OFFICIAL_SENSITIVE__Kyne_Robin_SoS_Decision_Redacted.pdf- ii. On 27 August 2007: ./_OFFICIAL_SENSITIVE__Kyne_Robin_SoS_Decision_Redacted.pdf- ./_OFFICIAL_SENSITIVE__Kyne_Robin_SoS_Decision_Redacted.pdf- (a) Telling Pupil A “miss you, can’t wait to see you again, can’t wait to ./_OFFICIAL_SENSITIVE__Kyne_Robin_SoS_Decision_Redacted.pdf- be inside you xx”. ./_OFFICIAL_SENSITIVE__Kyne_Robin_SoS_Decision_Redacted.pdf- ./_OFFICIAL_SENSITIVE__Kyne_Robin_SoS_Decision_Redacted.pdf: (b) Telling Pupil A “you’re a sexy woman, I don’t care if you don’t do ./_OFFICIAL_SENSITIVE__Kyne_Robin_SoS_Decision_Redacted.pdf- compliments.” ./_OFFICIAL_SENSITIVE__Kyne_Robin_SoS_Decision_Redacted.pdf- ./_OFFICIAL_SENSITIVE__Kyne_Robin_SoS_Decision_Redacted.pdf-The panel considered the Facebook messages and noted messages from Mr Kyne to ./_OFFICIAL_SENSITIVE__Kyne_Robin_SoS_Decision_Redacted.pdf-Pupil A: ./_OFFICIAL_SENSITIVE__Kyne_Robin_SoS_Decision_Redacted.pdf- ./_OFFICIAL_SENSITIVE__Kyne_Robin_SoS_Decision_Redacted.pdf- • at 8.58pm on 27 August 2007, which stated: “Miss you, can’t wait to see you ./_OFFICIAL_SENSITIVE__Kyne_Robin_SoS_Decision_Redacted.pdf- again, can’t wait to be inside you xx” ./_OFFICIAL_SENSITIVE__Kyne_Robin_SoS_Decision_Redacted.pdf- ./_OFFICIAL_SENSITIVE__Kyne_Robin_SoS_Decision_Redacted.pdf: • at 9pm on 27 August 2007, which stated: “you’re a very sexy woman… I don’t care ./_OFFICIAL_SENSITIVE__Kyne_Robin_SoS_Decision_Redacted.pdf- if you don’t do compliments” ./_OFFICIAL_SENSITIVE__Kyne_Robin_SoS_Decision_Redacted.pdf- ./_OFFICIAL_SENSITIVE__Kyne_Robin_SoS_Decision_Redacted.pdf- ./_OFFICIAL_SENSITIVE__Kyne_Robin_SoS_Decision_Redacted.pdf- 17 ./_OFFICIAL_SENSITIVE__Kyne_Robin_SoS_Decision_Redacted.pdf- -- ./_OFFICIAL_SENSITIVE__Kyne_Robin_SoS_Decision_Redacted.pdf- skin and imagine would it would be like to touch you and kiss you. ./_OFFICIAL_SENSITIVE__Kyne_Robin_SoS_Decision_Redacted.pdf- Maybe I might get to today...” ./_OFFICIAL_SENSITIVE__Kyne_Robin_SoS_Decision_Redacted.pdf- ./_OFFICIAL_SENSITIVE__Kyne_Robin_SoS_Decision_Redacted.pdf- (b) Asking Pupil A “tell me about your breasts, just to take my mind off ./_OFFICIAL_SENSITIVE__Kyne_Robin_SoS_Decision_Redacted.pdf- Lithuania!” ./_OFFICIAL_SENSITIVE__Kyne_Robin_SoS_Decision_Redacted.pdf- ./_OFFICIAL_SENSITIVE__Kyne_Robin_SoS_Decision_Redacted.pdf- (c) Telling Pupil A “fascination with your boobs is a relatively new ./_OFFICIAL_SENSITIVE__Kyne_Robin_SoS_Decision_Redacted.pdf- thing since the ability to actually kiss them has emerged”. ./_OFFICIAL_SENSITIVE__Kyne_Robin_SoS_Decision_Redacted.pdf- ./_OFFICIAL_SENSITIVE__Kyne_Robin_SoS_Decision_Redacted.pdf- (d) Telling Pupil A “disappointed I didn’t get to see you today – ./_OFFICIAL_SENSITIVE__Kyne_Robin_SoS_Decision_Redacted.pdf: wearing my sexy pants just in case!” ./_OFFICIAL_SENSITIVE__Kyne_Robin_SoS_Decision_Redacted.pdf- ./_OFFICIAL_SENSITIVE__Kyne_Robin_SoS_Decision_Redacted.pdf- (e) Telling Pupil A “I’d love to be under the duvet with you!” ./_OFFICIAL_SENSITIVE__Kyne_Robin_SoS_Decision_Redacted.pdf- ./_OFFICIAL_SENSITIVE__Kyne_Robin_SoS_Decision_Redacted.pdf-The panel considered the Facebook messages and noted messages from Mr Kyne to ./_OFFICIAL_SENSITIVE__Kyne_Robin_SoS_Decision_Redacted.pdf-Pupil A: ./_OFFICIAL_SENSITIVE__Kyne_Robin_SoS_Decision_Redacted.pdf- ./_OFFICIAL_SENSITIVE__Kyne_Robin_SoS_Decision_Redacted.pdf- • at 11.41am on 31 August 2007, which stated: “always amazed by your bright eyes ./_OFFICIAL_SENSITIVE__Kyne_Robin_SoS_Decision_Redacted.pdf- and your clear skin and imagine would it would be like to touch you and kiss you. ./_OFFICIAL_SENSITIVE__Kyne_Robin_SoS_Decision_Redacted.pdf- Maybe I might get to today...” ./_OFFICIAL_SENSITIVE__Kyne_Robin_SoS_Decision_Redacted.pdf- ./_OFFICIAL_SENSITIVE__Kyne_Robin_SoS_Decision_Redacted.pdf- • at 3.12pm on 31 August 2007, which stated: “tell me about your breasts, just to ./_OFFICIAL_SENSITIVE__Kyne_Robin_SoS_Decision_Redacted.pdf- take my mind off Lithuania!” ./_OFFICIAL_SENSITIVE__Kyne_Robin_SoS_Decision_Redacted.pdf- ./_OFFICIAL_SENSITIVE__Kyne_Robin_SoS_Decision_Redacted.pdf- • at 3.47pm on 31 August 2007, which stated: “Fascination with your boobs is a ./_OFFICIAL_SENSITIVE__Kyne_Robin_SoS_Decision_Redacted.pdf- relatively new thing since the ability to actually kiss them has emerged” ./_OFFICIAL_SENSITIVE__Kyne_Robin_SoS_Decision_Redacted.pdf- ./_OFFICIAL_SENSITIVE__Kyne_Robin_SoS_Decision_Redacted.pdf- • at 3.56pm on 31 August 2007, which stated: “Disappointed I didn’t get to see you ./_OFFICIAL_SENSITIVE__Kyne_Robin_SoS_Decision_Redacted.pdf: today – wearing my sexy pants just in case!” ./_OFFICIAL_SENSITIVE__Kyne_Robin_SoS_Decision_Redacted.pdf- ./_OFFICIAL_SENSITIVE__Kyne_Robin_SoS_Decision_Redacted.pdf- • at 4.58pm on 31 August 2007, which stated: “I’d love to be under the duvet with ./_OFFICIAL_SENSITIVE__Kyne_Robin_SoS_Decision_Redacted.pdf- you!” ./_OFFICIAL_SENSITIVE__Kyne_Robin_SoS_Decision_Redacted.pdf- ./_OFFICIAL_SENSITIVE__Kyne_Robin_SoS_Decision_Redacted.pdf-The panel considered that these messages amounted to a failure to maintain appropriate ./_OFFICIAL_SENSITIVE__Kyne_Robin_SoS_Decision_Redacted.pdf-professional boundaries and an inappropriate relationship for the reasons set out above ./_OFFICIAL_SENSITIVE__Kyne_Robin_SoS_Decision_Redacted.pdf-at allegation 1(f)(i)-(iv). ./_OFFICIAL_SENSITIVE__Kyne_Robin_SoS_Decision_Redacted.pdf- ./_OFFICIAL_SENSITIVE__Kyne_Robin_SoS_Decision_Redacted.pdf-On examination of the documentary and oral evidence before it, the panel found ./_OFFICIAL_SENSITIVE__Kyne_Robin_SoS_Decision_Redacted.pdf-allegation 1(g)(iv)(a)-(e) proven. -- ./_OFFICIAL_SENSITIVE__Kyne_Robin_SoS_Decision_Redacted.pdf-boundaries, inappropriate physical contact and an inappropriate relationship with Pupil A. ./_OFFICIAL_SENSITIVE__Kyne_Robin_SoS_Decision_Redacted.pdf-As set out at allegation 1(f)(i)-(iv), the panel reached this conclusion as a result of the ./_OFFICIAL_SENSITIVE__Kyne_Robin_SoS_Decision_Redacted.pdf-close proximity between Pupil A leaving College and the events described taking place. ./_OFFICIAL_SENSITIVE__Kyne_Robin_SoS_Decision_Redacted.pdf-In the panel’s view, there was a clear nexus between the teacher/pupil relationship and ./_OFFICIAL_SENSITIVE__Kyne_Robin_SoS_Decision_Redacted.pdf-the relationship that followed between Mr Kyne and Pupil A. This caused the panel a ./_OFFICIAL_SENSITIVE__Kyne_Robin_SoS_Decision_Redacted.pdf-great deal of concern. ./_OFFICIAL_SENSITIVE__Kyne_Robin_SoS_Decision_Redacted.pdf- ./_OFFICIAL_SENSITIVE__Kyne_Robin_SoS_Decision_Redacted.pdf-On examination of the documentary and oral evidence before it, the panel found ./_OFFICIAL_SENSITIVE__Kyne_Robin_SoS_Decision_Redacted.pdf-allegation 1(h)(i)-(iii) proven. ./_OFFICIAL_SENSITIVE__Kyne_Robin_SoS_Decision_Redacted.pdf- ./_OFFICIAL_SENSITIVE__Kyne_Robin_SoS_Decision_Redacted.pdf: i) In or around October 2007, you had sexual intercourse with Pupil A. ./_OFFICIAL_SENSITIVE__Kyne_Robin_SoS_Decision_Redacted.pdf- ./_OFFICIAL_SENSITIVE__Kyne_Robin_SoS_Decision_Redacted.pdf-Pupil A submitted that after she finished college, she entered into, what she would have ./_OFFICIAL_SENSITIVE__Kyne_Robin_SoS_Decision_Redacted.pdf-called at the time, a “relationship” with Mr Kyne. The relationship lasted until ./_OFFICIAL_SENSITIVE__Kyne_Robin_SoS_Decision_Redacted.pdf-[REDACTED]. Pupil A went to [REDACTED] and she would visit Mr Kyne when he was at ./_OFFICIAL_SENSITIVE__Kyne_Robin_SoS_Decision_Redacted.pdf-work conferences. When Pupil A came back to [REDACTED], she would visit his house ./_OFFICIAL_SENSITIVE__Kyne_Robin_SoS_Decision_Redacted.pdf:when his wife was away. Pupil A recalled that they first had sexual intercourse in October ./_OFFICIAL_SENSITIVE__Kyne_Robin_SoS_Decision_Redacted.pdf-2007. Initially, Pupil A told the police that this was [REDACTED]. However, she later ./_OFFICIAL_SENSITIVE__Kyne_Robin_SoS_Decision_Redacted.pdf-realised, upon reviewing the Facebook messages, that it was in October 2007. ./_OFFICIAL_SENSITIVE__Kyne_Robin_SoS_Decision_Redacted.pdf- ./_OFFICIAL_SENSITIVE__Kyne_Robin_SoS_Decision_Redacted.pdf-As set out above, Mr Kyne did not deny entering into a relationship with Pupil A. ./_OFFICIAL_SENSITIVE__Kyne_Robin_SoS_Decision_Redacted.pdf- ./_OFFICIAL_SENSITIVE__Kyne_Robin_SoS_Decision_Redacted.pdf:It was apparent to the panel from the evidence before it, including sexually explicit ./_OFFICIAL_SENSITIVE__Kyne_Robin_SoS_Decision_Redacted.pdf:Facebook Messages, that Mr Kyne had sexual intercourse with Pupil A in/around ./_OFFICIAL_SENSITIVE__Kyne_Robin_SoS_Decision_Redacted.pdf-October 2007. ./_OFFICIAL_SENSITIVE__Kyne_Robin_SoS_Decision_Redacted.pdf- ./_OFFICIAL_SENSITIVE__Kyne_Robin_SoS_Decision_Redacted.pdf-The panel considered that this amounted to a failure to maintain appropriate professional ./_OFFICIAL_SENSITIVE__Kyne_Robin_SoS_Decision_Redacted.pdf-boundaries, inappropriate physical contact and an inappropriate relationship with Pupil A ./_OFFICIAL_SENSITIVE__Kyne_Robin_SoS_Decision_Redacted.pdf-for the reasons set out at allegation 1(h)(i)-(iii). ./_OFFICIAL_SENSITIVE__Kyne_Robin_SoS_Decision_Redacted.pdf- ./_OFFICIAL_SENSITIVE__Kyne_Robin_SoS_Decision_Redacted.pdf-On examination of the documentary and oral evidence before it, the panel found ./_OFFICIAL_SENSITIVE__Kyne_Robin_SoS_Decision_Redacted.pdf-allegation 1(i) proven. ./_OFFICIAL_SENSITIVE__Kyne_Robin_SoS_Decision_Redacted.pdf- ./_OFFICIAL_SENSITIVE__Kyne_Robin_SoS_Decision_Redacted.pdf- j) Between September 2007 and December 2007, asked and/or pressured Pupil -- ./_OFFICIAL_SENSITIVE__Kyne_Robin_SoS_Decision_Redacted.pdf- trust me…” ./_OFFICIAL_SENSITIVE__Kyne_Robin_SoS_Decision_Redacted.pdf- ./_OFFICIAL_SENSITIVE__Kyne_Robin_SoS_Decision_Redacted.pdf- • at 8.59pm on 12 November 2007, which stated: “Drugs are like anything… you ./_OFFICIAL_SENSITIVE__Kyne_Robin_SoS_Decision_Redacted.pdf- mishandle it, you overdo it, you pay the price… you’re sensible and you’re okay…” ./_OFFICIAL_SENSITIVE__Kyne_Robin_SoS_Decision_Redacted.pdf- ./_OFFICIAL_SENSITIVE__Kyne_Robin_SoS_Decision_Redacted.pdf- vii. On 13 November 2007: ./_OFFICIAL_SENSITIVE__Kyne_Robin_SoS_Decision_Redacted.pdf- ./_OFFICIAL_SENSITIVE__Kyne_Robin_SoS_Decision_Redacted.pdf- (a) Saying to Pupil A “I’m assuming we have no drugs?” ./_OFFICIAL_SENSITIVE__Kyne_Robin_SoS_Decision_Redacted.pdf- ./_OFFICIAL_SENSITIVE__Kyne_Robin_SoS_Decision_Redacted.pdf- (b) Asking Pupil A “Tonight, I would ask two things of you...a nice ./_OFFICIAL_SENSITIVE__Kyne_Robin_SoS_Decision_Redacted.pdf: sexy pic and a final try for some drugs...” ./_OFFICIAL_SENSITIVE__Kyne_Robin_SoS_Decision_Redacted.pdf- ./_OFFICIAL_SENSITIVE__Kyne_Robin_SoS_Decision_Redacted.pdf-The panel considered the Facebook messages and noted messages from Mr Kyne to ./_OFFICIAL_SENSITIVE__Kyne_Robin_SoS_Decision_Redacted.pdf-Pupil A: ./_OFFICIAL_SENSITIVE__Kyne_Robin_SoS_Decision_Redacted.pdf- ./_OFFICIAL_SENSITIVE__Kyne_Robin_SoS_Decision_Redacted.pdf- • at 3.14pm on 13 November 2007, which stated: “I mean, shall we stay in, go out, ./_OFFICIAL_SENSITIVE__Kyne_Robin_SoS_Decision_Redacted.pdf- just stay in bed? What do you fancy? I’m assuming we have no drugs?” ./_OFFICIAL_SENSITIVE__Kyne_Robin_SoS_Decision_Redacted.pdf- ./_OFFICIAL_SENSITIVE__Kyne_Robin_SoS_Decision_Redacted.pdf- • at 5.57pm on 13 November 2007 which stated: “Just calling in to say hello…our ./_OFFICIAL_SENSITIVE__Kyne_Robin_SoS_Decision_Redacted.pdf- Christmas is coming Friday, baby x…Tonight, I would ask two things of you…a ./_OFFICIAL_SENSITIVE__Kyne_Robin_SoS_Decision_Redacted.pdf: nice sexy pic and a final try for some drugs… oh, and your enduring love… you ./_OFFICIAL_SENSITIVE__Kyne_Robin_SoS_Decision_Redacted.pdf- have mine… xxx” ./_OFFICIAL_SENSITIVE__Kyne_Robin_SoS_Decision_Redacted.pdf- ./_OFFICIAL_SENSITIVE__Kyne_Robin_SoS_Decision_Redacted.pdf-In respect of allegations 1(j)(i)-(vii), Pupil A explained that when she started university, Mr ./_OFFICIAL_SENSITIVE__Kyne_Robin_SoS_Decision_Redacted.pdf-Kyne would pester her to get drugs for him. Mr Kyne would ask her to buy him cocaine, ./_OFFICIAL_SENSITIVE__Kyne_Robin_SoS_Decision_Redacted.pdf-pills and MDMA. Pupil A felt that Mr Kyne would put a lot of pressure on her and threaten ./_OFFICIAL_SENSITIVE__Kyne_Robin_SoS_Decision_Redacted.pdf-to cancel or break up with her if she did not do so. Pupil A stated that on a few occasions, ./_OFFICIAL_SENSITIVE__Kyne_Robin_SoS_Decision_Redacted.pdf-she bought drugs in [REDACTED] and brought them with her on the train when she ./_OFFICIAL_SENSITIVE__Kyne_Robin_SoS_Decision_Redacted.pdf-travelled to see him. ./_OFFICIAL_SENSITIVE__Kyne_Robin_SoS_Decision_Redacted.pdf- ./_OFFICIAL_SENSITIVE__Kyne_Robin_SoS_Decision_Redacted.pdf-The panel concluded that Mr Kyne did ask and/or pressure Pupil A into purchasing -- ./_OFFICIAL_SENSITIVE__Kyne_Robin_SoS_Decision_Redacted.pdf-On examination of the documentary and oral evidence before it, the panel found ./_OFFICIAL_SENSITIVE__Kyne_Robin_SoS_Decision_Redacted.pdf-allegation 1(j)(i)(vii) proven. ./_OFFICIAL_SENSITIVE__Kyne_Robin_SoS_Decision_Redacted.pdf- ./_OFFICIAL_SENSITIVE__Kyne_Robin_SoS_Decision_Redacted.pdf-2. Your conduct as may be found proven at allegations 1 a -i was: ./_OFFICIAL_SENSITIVE__Kyne_Robin_SoS_Decision_Redacted.pdf- ./_OFFICIAL_SENSITIVE__Kyne_Robin_SoS_Decision_Redacted.pdf: a) conduct of a sexual nature and/or; ./_OFFICIAL_SENSITIVE__Kyne_Robin_SoS_Decision_Redacted.pdf- ./_OFFICIAL_SENSITIVE__Kyne_Robin_SoS_Decision_Redacted.pdf: b) sexually motivated; ./_OFFICIAL_SENSITIVE__Kyne_Robin_SoS_Decision_Redacted.pdf- ./_OFFICIAL_SENSITIVE__Kyne_Robin_SoS_Decision_Redacted.pdf-Having found allegation 1(a)-(i) proven, the panel went on to consider whether Mr Kyne’s ./_OFFICIAL_SENSITIVE__Kyne_Robin_SoS_Decision_Redacted.pdf:conduct was conduct of a sexual nature and/or was sexually motivated. ./_OFFICIAL_SENSITIVE__Kyne_Robin_SoS_Decision_Redacted.pdf- ./_OFFICIAL_SENSITIVE__Kyne_Robin_SoS_Decision_Redacted.pdf-The panel’s attention was drawn to section 78 Sexual Offences Act 2003 and to the ./_OFFICIAL_SENSITIVE__Kyne_Robin_SoS_Decision_Redacted.pdf-cases of Sait v The General Medical Council [2018], Basson v General Medical Council ./_OFFICIAL_SENSITIVE__Kyne_Robin_SoS_Decision_Redacted.pdf-[2018] and The General Medical Counsel v Haris [2020] EWHC 2518. ./_OFFICIAL_SENSITIVE__Kyne_Robin_SoS_Decision_Redacted.pdf- ./_OFFICIAL_SENSITIVE__Kyne_Robin_SoS_Decision_Redacted.pdf:The panel considered whether the conduct was sexually motivated. It noted that in ./_OFFICIAL_SENSITIVE__Kyne_Robin_SoS_Decision_Redacted.pdf:Basson it was stated that “A sexual motive means that the conduct was done either in ./_OFFICIAL_SENSITIVE__Kyne_Robin_SoS_Decision_Redacted.pdf:pursuit of sexual gratification or in pursuit of a sexual relationship”. ./_OFFICIAL_SENSITIVE__Kyne_Robin_SoS_Decision_Redacted.pdf- ./_OFFICIAL_SENSITIVE__Kyne_Robin_SoS_Decision_Redacted.pdf-The panel further considered that in Haris, the High Court indicated that the criteria in ./_OFFICIAL_SENSITIVE__Kyne_Robin_SoS_Decision_Redacted.pdf-Basson sets the bar too high. Foster J stated: ./_OFFICIAL_SENSITIVE__Kyne_Robin_SoS_Decision_Redacted.pdf- ./_OFFICIAL_SENSITIVE__Kyne_Robin_SoS_Decision_Redacted.pdf-“in the present case it is in my judgement clear beyond argument that the intimate ./_OFFICIAL_SENSITIVE__Kyne_Robin_SoS_Decision_Redacted.pdf:touching of Patients A and B was sexual and that answering a question as to the ./_OFFICIAL_SENSITIVE__Kyne_Robin_SoS_Decision_Redacted.pdf-motivation of the toucher, the only available answer, is yes, the motivation must have ./_OFFICIAL_SENSITIVE__Kyne_Robin_SoS_Decision_Redacted.pdf:been sexual[…]” ./_OFFICIAL_SENSITIVE__Kyne_Robin_SoS_Decision_Redacted.pdf- ./_OFFICIAL_SENSITIVE__Kyne_Robin_SoS_Decision_Redacted.pdf:The panel noted that Mr Kyne did not deny having a sexual relationship with Pupil A, but ./_OFFICIAL_SENSITIVE__Kyne_Robin_SoS_Decision_Redacted.pdf:maintained that, whilst she was a pupil, his conduct was not of a sexual nature or ./_OFFICIAL_SENSITIVE__Kyne_Robin_SoS_Decision_Redacted.pdf:sexually motivated. ./_OFFICIAL_SENSITIVE__Kyne_Robin_SoS_Decision_Redacted.pdf- ./_OFFICIAL_SENSITIVE__Kyne_Robin_SoS_Decision_Redacted.pdf-On examination of the evidence before it and on the balance of probabilities, the panel ./_OFFICIAL_SENSITIVE__Kyne_Robin_SoS_Decision_Redacted.pdf-concluded that Mr Kyne’s conduct as found proven at allegations 1(a), 1(b), 1(h) and 1(i) ./_OFFICIAL_SENSITIVE__Kyne_Robin_SoS_Decision_Redacted.pdf:amounted to conduct of a sexual nature. In the panel’s view, by its nature the conduct ./_OFFICIAL_SENSITIVE__Kyne_Robin_SoS_Decision_Redacted.pdf:found proven was sexual. ./_OFFICIAL_SENSITIVE__Kyne_Robin_SoS_Decision_Redacted.pdf- ./_OFFICIAL_SENSITIVE__Kyne_Robin_SoS_Decision_Redacted.pdf-On examination of the evidence before it and on the balance of probabilities, the panel ./_OFFICIAL_SENSITIVE__Kyne_Robin_SoS_Decision_Redacted.pdf-concluded that Mr Kyne’s conduct as found proven at allegations 1(a), 1(b), 1(f), 1(g), ./_OFFICIAL_SENSITIVE__Kyne_Robin_SoS_Decision_Redacted.pdf:1(h) and 1(i) was sexually motivated. The panel was of the view that there was no other ./_OFFICIAL_SENSITIVE__Kyne_Robin_SoS_Decision_Redacted.pdf:plausible reason for this conduct. Mr Kyne’s conduct ultimately led to a sexual ./_OFFICIAL_SENSITIVE__Kyne_Robin_SoS_Decision_Redacted.pdf:relationship with Pupil A and the panel was provided with a large volume of sexually ./_OFFICIAL_SENSITIVE__Kyne_Robin_SoS_Decision_Redacted.pdf-explicit messages exchanged between Mr Kyne and Pupil A. ./_OFFICIAL_SENSITIVE__Kyne_Robin_SoS_Decision_Redacted.pdf- ./_OFFICIAL_SENSITIVE__Kyne_Robin_SoS_Decision_Redacted.pdf- ./_OFFICIAL_SENSITIVE__Kyne_Robin_SoS_Decision_Redacted.pdf- ./_OFFICIAL_SENSITIVE__Kyne_Robin_SoS_Decision_Redacted.pdf- ./_OFFICIAL_SENSITIVE__Kyne_Robin_SoS_Decision_Redacted.pdf- 26 ./_OFFICIAL_SENSITIVE__Kyne_Robin_SoS_Decision_Redacted.pdf- -- ./_OFFICIAL_SENSITIVE__Kyne_Robin_SoS_Decision_Redacted.pdf-There was not sufficient evidence before the panel to determine whether the conduct ./_OFFICIAL_SENSITIVE__Kyne_Robin_SoS_Decision_Redacted.pdf:found proven at allegations 1(c) and (d) was conduct of a sexual nature and/or sexually ./_OFFICIAL_SENSITIVE__Kyne_Robin_SoS_Decision_Redacted.pdf-motivated. ./_OFFICIAL_SENSITIVE__Kyne_Robin_SoS_Decision_Redacted.pdf- ./_OFFICIAL_SENSITIVE__Kyne_Robin_SoS_Decision_Redacted.pdf-The panel found allegation 2(a) and (b) proven (save in respect of 1(c) and 1(d)). ./_OFFICIAL_SENSITIVE__Kyne_Robin_SoS_Decision_Redacted.pdf- ./_OFFICIAL_SENSITIVE__Kyne_Robin_SoS_Decision_Redacted.pdf-3. Your conduct as may be found proven at allegation 1 above occurred when you ./_OFFICIAL_SENSITIVE__Kyne_Robin_SoS_Decision_Redacted.pdf- knew, or ought to have known, that Pupil A was vulnerable. ./_OFFICIAL_SENSITIVE__Kyne_Robin_SoS_Decision_Redacted.pdf- ./_OFFICIAL_SENSITIVE__Kyne_Robin_SoS_Decision_Redacted.pdf-[REDACTED] ./_OFFICIAL_SENSITIVE__Kyne_Robin_SoS_Decision_Redacted.pdf- ./_OFFICIAL_SENSITIVE__Kyne_Robin_SoS_Decision_Redacted.pdf-Pupil A submitted that over the course of the next two years, Mr Kyne developed the -- ./_OFFICIAL_SENSITIVE__Kyne_Robin_SoS_Decision_Redacted.pdf- ./_OFFICIAL_SENSITIVE__Kyne_Robin_SoS_Decision_Redacted.pdf-The panel had regard to the particular public interest considerations set out in the Advice ./_OFFICIAL_SENSITIVE__Kyne_Robin_SoS_Decision_Redacted.pdf-and, having done so, found a number of them to be relevant in this case, namely: the ./_OFFICIAL_SENSITIVE__Kyne_Robin_SoS_Decision_Redacted.pdf-safeguarding and wellbeing of pupils and the protection of other members of the public; ./_OFFICIAL_SENSITIVE__Kyne_Robin_SoS_Decision_Redacted.pdf-the maintenance of public confidence in the profession; declaring and upholding proper ./_OFFICIAL_SENSITIVE__Kyne_Robin_SoS_Decision_Redacted.pdf-standards of conduct; and that prohibition strikes the right balance between the rights of ./_OFFICIAL_SENSITIVE__Kyne_Robin_SoS_Decision_Redacted.pdf-the teacher and the public interest, if they are in conflict. ./_OFFICIAL_SENSITIVE__Kyne_Robin_SoS_Decision_Redacted.pdf- ./_OFFICIAL_SENSITIVE__Kyne_Robin_SoS_Decision_Redacted.pdf-The panel’s findings against Mr Kyne were serious and involved: a failure to maintain ./_OFFICIAL_SENSITIVE__Kyne_Robin_SoS_Decision_Redacted.pdf-appropriate professional boundaries; engaging in inappropriate physical contact with ./_OFFICIAL_SENSITIVE__Kyne_Robin_SoS_Decision_Redacted.pdf:Pupil A; engaging in an inappropriate relationship with Pupil A; sexually motivated ./_OFFICIAL_SENSITIVE__Kyne_Robin_SoS_Decision_Redacted.pdf:conduct; and conduct of a sexual nature. In light of this, there was a strong public interest ./_OFFICIAL_SENSITIVE__Kyne_Robin_SoS_Decision_Redacted.pdf-consideration in respect of the protection of pupils. ./_OFFICIAL_SENSITIVE__Kyne_Robin_SoS_Decision_Redacted.pdf- ./_OFFICIAL_SENSITIVE__Kyne_Robin_SoS_Decision_Redacted.pdf-Similarly, the panel considered that public confidence in the profession could be seriously ./_OFFICIAL_SENSITIVE__Kyne_Robin_SoS_Decision_Redacted.pdf-weakened if conduct such as that found against Mr Kyne was not treated with the utmost ./_OFFICIAL_SENSITIVE__Kyne_Robin_SoS_Decision_Redacted.pdf-seriousness when regulating the conduct of the profession. ./_OFFICIAL_SENSITIVE__Kyne_Robin_SoS_Decision_Redacted.pdf- ./_OFFICIAL_SENSITIVE__Kyne_Robin_SoS_Decision_Redacted.pdf-The panel was of the view that a strong public interest consideration in declaring proper ./_OFFICIAL_SENSITIVE__Kyne_Robin_SoS_Decision_Redacted.pdf-standards of conduct in the profession was also present as the conduct found against Mr ./_OFFICIAL_SENSITIVE__Kyne_Robin_SoS_Decision_Redacted.pdf-Kyne was outside that which could reasonably be tolerated. ./_OFFICIAL_SENSITIVE__Kyne_Robin_SoS_Decision_Redacted.pdf- -- ./_OFFICIAL_SENSITIVE__Kyne_Robin_SoS_Decision_Redacted.pdf- ./_OFFICIAL_SENSITIVE__Kyne_Robin_SoS_Decision_Redacted.pdf- • serious departure from the personal and professional conduct elements of the ./_OFFICIAL_SENSITIVE__Kyne_Robin_SoS_Decision_Redacted.pdf- Teachers’ Standards ./_OFFICIAL_SENSITIVE__Kyne_Robin_SoS_Decision_Redacted.pdf- ./_OFFICIAL_SENSITIVE__Kyne_Robin_SoS_Decision_Redacted.pdf- • misconduct seriously affecting the education and/or safeguarding and well-being ./_OFFICIAL_SENSITIVE__Kyne_Robin_SoS_Decision_Redacted.pdf- of pupils, and particularly where there is a continuing risk ./_OFFICIAL_SENSITIVE__Kyne_Robin_SoS_Decision_Redacted.pdf- ./_OFFICIAL_SENSITIVE__Kyne_Robin_SoS_Decision_Redacted.pdf- • abuse of position or trust (particularly involving pupils) ./_OFFICIAL_SENSITIVE__Kyne_Robin_SoS_Decision_Redacted.pdf- ./_OFFICIAL_SENSITIVE__Kyne_Robin_SoS_Decision_Redacted.pdf- • any abuse of any trust, knowledge or influence grained through their professional ./_OFFICIAL_SENSITIVE__Kyne_Robin_SoS_Decision_Redacted.pdf: position in order to advance a romantic or sexual relationship with a pupil or former ./_OFFICIAL_SENSITIVE__Kyne_Robin_SoS_Decision_Redacted.pdf- pupil ./_OFFICIAL_SENSITIVE__Kyne_Robin_SoS_Decision_Redacted.pdf- ./_OFFICIAL_SENSITIVE__Kyne_Robin_SoS_Decision_Redacted.pdf: • sexual misconduct, for example, involving actions that were sexually motivated or ./_OFFICIAL_SENSITIVE__Kyne_Robin_SoS_Decision_Redacted.pdf: of a sexual nature and/or that use or exploit the trust, knowledge or influence ./_OFFICIAL_SENSITIVE__Kyne_Robin_SoS_Decision_Redacted.pdf- derived from the individual’s professional position ./_OFFICIAL_SENSITIVE__Kyne_Robin_SoS_Decision_Redacted.pdf- ./_OFFICIAL_SENSITIVE__Kyne_Robin_SoS_Decision_Redacted.pdf-Even though some of the behaviour found proved in this case indicated that a prohibition ./_OFFICIAL_SENSITIVE__Kyne_Robin_SoS_Decision_Redacted.pdf-order would be appropriate, the panel went on to consider the mitigating factors. ./_OFFICIAL_SENSITIVE__Kyne_Robin_SoS_Decision_Redacted.pdf-Mitigating factors may indicate that a prohibition order would not be appropriate or ./_OFFICIAL_SENSITIVE__Kyne_Robin_SoS_Decision_Redacted.pdf-proportionate. ./_OFFICIAL_SENSITIVE__Kyne_Robin_SoS_Decision_Redacted.pdf- ./_OFFICIAL_SENSITIVE__Kyne_Robin_SoS_Decision_Redacted.pdf-The panel found that Mr Kyne’s actions were deliberate. Furthermore, there was no ./_OFFICIAL_SENSITIVE__Kyne_Robin_SoS_Decision_Redacted.pdf-evidence to suggest that he was acting under extreme duress. In fact, the panel found Mr ./_OFFICIAL_SENSITIVE__Kyne_Robin_SoS_Decision_Redacted.pdf-Kyne’s actions to be calculated and motivated. -- ./_OFFICIAL_SENSITIVE__Kyne_Robin_SoS_Decision_Redacted.pdf-The panel was of the view that prohibition was both proportionate and appropriate. The ./_OFFICIAL_SENSITIVE__Kyne_Robin_SoS_Decision_Redacted.pdf-panel decided that the public interest considerations outweighed the interests of Mr Kyne. ./_OFFICIAL_SENSITIVE__Kyne_Robin_SoS_Decision_Redacted.pdf-The seriousness of Mr Kyne’s conduct was a significant factor in making this decision. ./_OFFICIAL_SENSITIVE__Kyne_Robin_SoS_Decision_Redacted.pdf- ./_OFFICIAL_SENSITIVE__Kyne_Robin_SoS_Decision_Redacted.pdf-As set out previously, the panel had serious concerns about the development of Mr ./_OFFICIAL_SENSITIVE__Kyne_Robin_SoS_Decision_Redacted.pdf-Kyne’s relationship with Pupil A. The panel was of the view that Mr Kyne’s conduct and ./_OFFICIAL_SENSITIVE__Kyne_Robin_SoS_Decision_Redacted.pdf-relationship with Pupil A after she left College was directly related to the relationship they ./_OFFICIAL_SENSITIVE__Kyne_Robin_SoS_Decision_Redacted.pdf-had whilst she was at College. Ultimately, the panel considered that Mr Kyne’s actions ./_OFFICIAL_SENSITIVE__Kyne_Robin_SoS_Decision_Redacted.pdf-amounted to an exploitation of trust; Pupil A was his student and she was vulnerable. ./_OFFICIAL_SENSITIVE__Kyne_Robin_SoS_Decision_Redacted.pdf-Despite this, when Pupil A left College, their relationship quickly intensified and became ./_OFFICIAL_SENSITIVE__Kyne_Robin_SoS_Decision_Redacted.pdf:highly sexualised. ./_OFFICIAL_SENSITIVE__Kyne_Robin_SoS_Decision_Redacted.pdf- ./_OFFICIAL_SENSITIVE__Kyne_Robin_SoS_Decision_Redacted.pdf-Furthermore, whilst the panel acknowledged that Mr Kyne had engaged with the TRA ./_OFFICIAL_SENSITIVE__Kyne_Robin_SoS_Decision_Redacted.pdf-process, it did not consider that he had done so in a constructive manner. In his written ./_OFFICIAL_SENSITIVE__Kyne_Robin_SoS_Decision_Redacted.pdf-representations, Mr Kyne sought to besmirch Pupil A and Witness B and made ./_OFFICIAL_SENSITIVE__Kyne_Robin_SoS_Decision_Redacted.pdf-unsubstantiated allegations about their character and the veracity of their evidence. In ./_OFFICIAL_SENSITIVE__Kyne_Robin_SoS_Decision_Redacted.pdf-addition, Mr Kyne characterised himself as the victim and demonstrated a complete lack ./_OFFICIAL_SENSITIVE__Kyne_Robin_SoS_Decision_Redacted.pdf-of insight and remorse into his conduct. ./_OFFICIAL_SENSITIVE__Kyne_Robin_SoS_Decision_Redacted.pdf- ./_OFFICIAL_SENSITIVE__Kyne_Robin_SoS_Decision_Redacted.pdf-The panel made a recommendation to the Secretary of State that a prohibition order ./_OFFICIAL_SENSITIVE__Kyne_Robin_SoS_Decision_Redacted.pdf-should be imposed with immediate effect. -- ./_OFFICIAL_SENSITIVE__Kyne_Robin_SoS_Decision_Redacted.pdf-The panel went on to consider whether or not it would be appropriate for it to decide to ./_OFFICIAL_SENSITIVE__Kyne_Robin_SoS_Decision_Redacted.pdf-recommend a review period of the order. The panel was mindful that the Advice states ./_OFFICIAL_SENSITIVE__Kyne_Robin_SoS_Decision_Redacted.pdf-that a prohibition order applies for life, but there may be circumstances, in any given ./_OFFICIAL_SENSITIVE__Kyne_Robin_SoS_Decision_Redacted.pdf-case, that may make it appropriate to allow a teacher to apply to have the prohibition ./_OFFICIAL_SENSITIVE__Kyne_Robin_SoS_Decision_Redacted.pdf-order reviewed after a specified period of time that may not be less than 2 years. ./_OFFICIAL_SENSITIVE__Kyne_Robin_SoS_Decision_Redacted.pdf- ./_OFFICIAL_SENSITIVE__Kyne_Robin_SoS_Decision_Redacted.pdf-The Advice indicates that, where certain behaviours are proved, it is likely that the public ./_OFFICIAL_SENSITIVE__Kyne_Robin_SoS_Decision_Redacted.pdf-interest will have greater relevance and weigh in favour of not offering a review period. ./_OFFICIAL_SENSITIVE__Kyne_Robin_SoS_Decision_Redacted.pdf-The panel found the following behaviour to be relevant: ./_OFFICIAL_SENSITIVE__Kyne_Robin_SoS_Decision_Redacted.pdf- ./_OFFICIAL_SENSITIVE__Kyne_Robin_SoS_Decision_Redacted.pdf: • serious sexual misconduct e.g. where the act was sexually motivated and resulted ./_OFFICIAL_SENSITIVE__Kyne_Robin_SoS_Decision_Redacted.pdf- in, or had the potential to result in, harm to a person or persons, particularly where ./_OFFICIAL_SENSITIVE__Kyne_Robin_SoS_Decision_Redacted.pdf- the individual has used their professional position to influence or exploit a person ./_OFFICIAL_SENSITIVE__Kyne_Robin_SoS_Decision_Redacted.pdf- or persons ./_OFFICIAL_SENSITIVE__Kyne_Robin_SoS_Decision_Redacted.pdf- ./_OFFICIAL_SENSITIVE__Kyne_Robin_SoS_Decision_Redacted.pdf:The panel concluded that Mr Kyne was responsible for serious sexual misconduct. His ./_OFFICIAL_SENSITIVE__Kyne_Robin_SoS_Decision_Redacted.pdf:conduct was sexually motivated and had the potential to result in harm to Pupil A. ./_OFFICIAL_SENSITIVE__Kyne_Robin_SoS_Decision_Redacted.pdf- ./_OFFICIAL_SENSITIVE__Kyne_Robin_SoS_Decision_Redacted.pdf- 31 ./_OFFICIAL_SENSITIVE__Kyne_Robin_SoS_Decision_Redacted.pdf- -- ./_OFFICIAL_SENSITIVE__Kyne_Robin_SoS_Decision_Redacted.pdf-The panel finds that the conduct of Mr Kyne fell significantly short of the standards ./_OFFICIAL_SENSITIVE__Kyne_Robin_SoS_Decision_Redacted.pdf-expected of the profession. ./_OFFICIAL_SENSITIVE__Kyne_Robin_SoS_Decision_Redacted.pdf- ./_OFFICIAL_SENSITIVE__Kyne_Robin_SoS_Decision_Redacted.pdf-The findings of misconduct are particularly serious as they include a failure to maintain ./_OFFICIAL_SENSITIVE__Kyne_Robin_SoS_Decision_Redacted.pdf-appropriate professional boundaries; engaging in inappropriate physical contact with a ./_OFFICIAL_SENSITIVE__Kyne_Robin_SoS_Decision_Redacted.pdf:pupil, engaging in an inappropriate relationship with a pupil, sexually motivated conduct ./_OFFICIAL_SENSITIVE__Kyne_Robin_SoS_Decision_Redacted.pdf:and conduct of a sexual nature. ./_OFFICIAL_SENSITIVE__Kyne_Robin_SoS_Decision_Redacted.pdf- ./_OFFICIAL_SENSITIVE__Kyne_Robin_SoS_Decision_Redacted.pdf-I have to determine whether the imposition of a prohibition order is proportionate and in ./_OFFICIAL_SENSITIVE__Kyne_Robin_SoS_Decision_Redacted.pdf-the public interest. In considering that for this case, I have considered the overall aim of a ./_OFFICIAL_SENSITIVE__Kyne_Robin_SoS_Decision_Redacted.pdf-prohibition order which is to protect pupils and to maintain public confidence in the ./_OFFICIAL_SENSITIVE__Kyne_Robin_SoS_Decision_Redacted.pdf-profession. I have considered the extent to which a prohibition order in this case would ./_OFFICIAL_SENSITIVE__Kyne_Robin_SoS_Decision_Redacted.pdf-achieve that aim taking into account the impact that it will have on the individual teacher. ./_OFFICIAL_SENSITIVE__Kyne_Robin_SoS_Decision_Redacted.pdf-I have also asked myself, whether a less intrusive measure, such as the published ./_OFFICIAL_SENSITIVE__Kyne_Robin_SoS_Decision_Redacted.pdf-finding of unacceptable professional conduct and conduct that may bring the profession ./_OFFICIAL_SENSITIVE__Kyne_Robin_SoS_Decision_Redacted.pdf-into disrepute, would itself be sufficient to achieve the overall aim. I have to consider ./_OFFICIAL_SENSITIVE__Kyne_Robin_SoS_Decision_Redacted.pdf-whether the consequences of such a publication are themselves sufficient. I have ./_OFFICIAL_SENSITIVE__Kyne_Robin_SoS_Decision_Redacted.pdf-considered therefore whether or not prohibiting Mr Kyne, and the impact that will have on ./_OFFICIAL_SENSITIVE__Kyne_Robin_SoS_Decision_Redacted.pdf-the teacher, is proportionate and in the public interest. ./_OFFICIAL_SENSITIVE__Kyne_Robin_SoS_Decision_Redacted.pdf- ./_OFFICIAL_SENSITIVE__Kyne_Robin_SoS_Decision_Redacted.pdf-In this case, I have considered the extent to which a prohibition order would protect ./_OFFICIAL_SENSITIVE__Kyne_Robin_SoS_Decision_Redacted.pdf-pupils. The panel has observed, “Findings against Mr Kyne were serious and involved: a ./_OFFICIAL_SENSITIVE__Kyne_Robin_SoS_Decision_Redacted.pdf-failure to maintain appropriate professional boundaries; engaging in inappropriate ./_OFFICIAL_SENSITIVE__Kyne_Robin_SoS_Decision_Redacted.pdf-physical contact with Pupil A; engaging in an inappropriate relationship with Pupil A; ./_OFFICIAL_SENSITIVE__Kyne_Robin_SoS_Decision_Redacted.pdf:sexually motivated conduct; and conduct of a sexual nature. In light of this, there was a ./_OFFICIAL_SENSITIVE__Kyne_Robin_SoS_Decision_Redacted.pdf-strong public interest consideration in respect of the protection of pupils.” A prohibition ./_OFFICIAL_SENSITIVE__Kyne_Robin_SoS_Decision_Redacted.pdf-order would therefore prevent such a risk from being present in the future. ./_OFFICIAL_SENSITIVE__Kyne_Robin_SoS_Decision_Redacted.pdf- ./_OFFICIAL_SENSITIVE__Kyne_Robin_SoS_Decision_Redacted.pdf-I have also taken into account the panel’s comments on insight and remorse, which the ./_OFFICIAL_SENSITIVE__Kyne_Robin_SoS_Decision_Redacted.pdf-panel sets out as follows, “In addition to the serious nature of Mr Kyne’s conduct, the ./_OFFICIAL_SENSITIVE__Kyne_Robin_SoS_Decision_Redacted.pdf-panel was mindful that, despite having 15 years to reflect on his conduct, Mr Kyne had ./_OFFICIAL_SENSITIVE__Kyne_Robin_SoS_Decision_Redacted.pdf-failed to demonstrate any remorse or insight”. In my judgement, the lack of insight or ./_OFFICIAL_SENSITIVE__Kyne_Robin_SoS_Decision_Redacted.pdf-remorse means that there is some risk of the repetition of this behaviour and this puts at ./_OFFICIAL_SENSITIVE__Kyne_Robin_SoS_Decision_Redacted.pdf-risk the future wellbeing of pupils. I have therefore given this element considerable weight ./_OFFICIAL_SENSITIVE__Kyne_Robin_SoS_Decision_Redacted.pdf-in reaching my decision. ./_OFFICIAL_SENSITIVE__Kyne_Robin_SoS_Decision_Redacted.pdf- ./_OFFICIAL_SENSITIVE__Kyne_Robin_SoS_Decision_Redacted.pdf-I have gone on to consider the extent to which a prohibition order would maintain public ./_OFFICIAL_SENSITIVE__Kyne_Robin_SoS_Decision_Redacted.pdf-confidence in the profession. The panel observe, “The panel was of the view that a ./_OFFICIAL_SENSITIVE__Kyne_Robin_SoS_Decision_Redacted.pdf-strong public interest consideration in declaring proper standards of conduct in the ./_OFFICIAL_SENSITIVE__Kyne_Robin_SoS_Decision_Redacted.pdf-profession was also present as the conduct found against Mr Kyne was outside that ./_OFFICIAL_SENSITIVE__Kyne_Robin_SoS_Decision_Redacted.pdf:which could reasonably be tolerated.” I am particularly mindful of the finding of sexual ./_OFFICIAL_SENSITIVE__Kyne_Robin_SoS_Decision_Redacted.pdf-motivated conduct with a vulnerable pupil in this case and the impact that such a finding ./_OFFICIAL_SENSITIVE__Kyne_Robin_SoS_Decision_Redacted.pdf-has on the reputation of the profession. ./_OFFICIAL_SENSITIVE__Kyne_Robin_SoS_Decision_Redacted.pdf- ./_OFFICIAL_SENSITIVE__Kyne_Robin_SoS_Decision_Redacted.pdf- ./_OFFICIAL_SENSITIVE__Kyne_Robin_SoS_Decision_Redacted.pdf- ./_OFFICIAL_SENSITIVE__Kyne_Robin_SoS_Decision_Redacted.pdf- 33 ./_OFFICIAL_SENSITIVE__Kyne_Robin_SoS_Decision_Redacted.pdf- -- ./_OFFICIAL_SENSITIVE__Kyne_Robin_SoS_Decision_Redacted.pdf-veracity of their evidence. In addition, Mr Kyne characterised himself as the victim and ./_OFFICIAL_SENSITIVE__Kyne_Robin_SoS_Decision_Redacted.pdf-demonstrated a complete lack of insight and remorse into his conduct.” ./_OFFICIAL_SENSITIVE__Kyne_Robin_SoS_Decision_Redacted.pdf- ./_OFFICIAL_SENSITIVE__Kyne_Robin_SoS_Decision_Redacted.pdf-I have also placed considerable weight on the finding of that “The panel had serious ./_OFFICIAL_SENSITIVE__Kyne_Robin_SoS_Decision_Redacted.pdf-concerns about the development of Mr Kyne’s relationship with Pupil A. The panel was of ./_OFFICIAL_SENSITIVE__Kyne_Robin_SoS_Decision_Redacted.pdf-the view that Mr Kyne’s conduct and relationship with Pupil A after she left College was ./_OFFICIAL_SENSITIVE__Kyne_Robin_SoS_Decision_Redacted.pdf-directly related to the relationship they had whilst she was at College. Ultimately, the ./_OFFICIAL_SENSITIVE__Kyne_Robin_SoS_Decision_Redacted.pdf-panel considered that Mr Kyne’s actions amounted to an exploitation of trust; Pupil A was ./_OFFICIAL_SENSITIVE__Kyne_Robin_SoS_Decision_Redacted.pdf-his student and she was vulnerable.” ./_OFFICIAL_SENSITIVE__Kyne_Robin_SoS_Decision_Redacted.pdf- ./_OFFICIAL_SENSITIVE__Kyne_Robin_SoS_Decision_Redacted.pdf:The panel found that Mr Kyne was responsible for serious sexual misconduct, which had ./_OFFICIAL_SENSITIVE__Kyne_Robin_SoS_Decision_Redacted.pdf-the potential to result in harm to Pupil A. Mr Kyne used his professional position to ./_OFFICIAL_SENSITIVE__Kyne_Robin_SoS_Decision_Redacted.pdf-influence or exploit a vulnerable Pupil. ./_OFFICIAL_SENSITIVE__Kyne_Robin_SoS_Decision_Redacted.pdf- ./_OFFICIAL_SENSITIVE__Kyne_Robin_SoS_Decision_Redacted.pdf-I have given less weight in my consideration of sanction therefore, to the contribution that ./_OFFICIAL_SENSITIVE__Kyne_Robin_SoS_Decision_Redacted.pdf-Mr Kyne has made and is making to the profession. In my view, it is necessary to impose ./_OFFICIAL_SENSITIVE__Kyne_Robin_SoS_Decision_Redacted.pdf-a prohibition order in order to maintain public confidence in the profession. A published ./_OFFICIAL_SENSITIVE__Kyne_Robin_SoS_Decision_Redacted.pdf- ./_OFFICIAL_SENSITIVE__Kyne_Robin_SoS_Decision_Redacted.pdf- ./_OFFICIAL_SENSITIVE__Kyne_Robin_SoS_Decision_Redacted.pdf- 34 ./_OFFICIAL_SENSITIVE__Kyne_Robin_SoS_Decision_Redacted.pdf- ./_OFFICIAL_SENSITIVE__Larcombe_Joshua_SoS_decision_Redacted.pdf-The panel considered the allegations set out in the notice of meeting dated 7 September ./_OFFICIAL_SENSITIVE__Larcombe_Joshua_SoS_decision_Redacted.pdf-2022. ./_OFFICIAL_SENSITIVE__Larcombe_Joshua_SoS_decision_Redacted.pdf- ./_OFFICIAL_SENSITIVE__Larcombe_Joshua_SoS_decision_Redacted.pdf-It was alleged that Mr Larcombe was guilty of having been convicted of a relevant ./_OFFICIAL_SENSITIVE__Larcombe_Joshua_SoS_decision_Redacted.pdf-offence, in that ./_OFFICIAL_SENSITIVE__Larcombe_Joshua_SoS_decision_Redacted.pdf- ./_OFFICIAL_SENSITIVE__Larcombe_Joshua_SoS_decision_Redacted.pdf-1. On 20 August 2021 at Plymouth Crown Court, he was convicted of: ./_OFFICIAL_SENSITIVE__Larcombe_Joshua_SoS_decision_Redacted.pdf- ./_OFFICIAL_SENSITIVE__Larcombe_Joshua_SoS_decision_Redacted.pdf- a) voyeurism; ./_OFFICIAL_SENSITIVE__Larcombe_Joshua_SoS_decision_Redacted.pdf- ./_OFFICIAL_SENSITIVE__Larcombe_Joshua_SoS_decision_Redacted.pdf: b) causing or inciting a child to engage in sexual activity by a person in a position of ./_OFFICIAL_SENSITIVE__Larcombe_Joshua_SoS_decision_Redacted.pdf- trust; and ./_OFFICIAL_SENSITIVE__Larcombe_Joshua_SoS_decision_Redacted.pdf- ./_OFFICIAL_SENSITIVE__Larcombe_Joshua_SoS_decision_Redacted.pdf- c) 3 counts of making indecent photographs of a child. ./_OFFICIAL_SENSITIVE__Larcombe_Joshua_SoS_decision_Redacted.pdf- ./_OFFICIAL_SENSITIVE__Larcombe_Joshua_SoS_decision_Redacted.pdf-Mr Larcombe admitted the facts of allegations 1(a) to 1(c) and that his behaviour ./_OFFICIAL_SENSITIVE__Larcombe_Joshua_SoS_decision_Redacted.pdf-amounted to a conviction of a relevant offence falling short of the standards of behaviour ./_OFFICIAL_SENSITIVE__Larcombe_Joshua_SoS_decision_Redacted.pdf-expected of a teacher, as set out in the response to the notice of referral dated 3 March ./_OFFICIAL_SENSITIVE__Larcombe_Joshua_SoS_decision_Redacted.pdf-2022 and in the statement of agreed facts signed by Mr Larcombe on 21 April 2022. ./_OFFICIAL_SENSITIVE__Larcombe_Joshua_SoS_decision_Redacted.pdf- ./_OFFICIAL_SENSITIVE__Larcombe_Joshua_SoS_decision_Redacted.pdf- -- ./_OFFICIAL_SENSITIVE__Larcombe_Joshua_SoS_decision_Redacted.pdf-interest. The panel did not determine that such a direction was necessary or appropriate ./_OFFICIAL_SENSITIVE__Larcombe_Joshua_SoS_decision_Redacted.pdf-in this case. ./_OFFICIAL_SENSITIVE__Larcombe_Joshua_SoS_decision_Redacted.pdf- ./_OFFICIAL_SENSITIVE__Larcombe_Joshua_SoS_decision_Redacted.pdf-Mr Larcombe commenced his role as a teacher of science at Devonport High School for ./_OFFICIAL_SENSITIVE__Larcombe_Joshua_SoS_decision_Redacted.pdf-Girls (‘the School’) on 1 September 2016. ./_OFFICIAL_SENSITIVE__Larcombe_Joshua_SoS_decision_Redacted.pdf- ./_OFFICIAL_SENSITIVE__Larcombe_Joshua_SoS_decision_Redacted.pdf-The School were contacted by the parent of Pupil X on 25 February 2019, raising ./_OFFICIAL_SENSITIVE__Larcombe_Joshua_SoS_decision_Redacted.pdf-concerns regarding Mr Larcombe’s conduct towards Pupil X. ./_OFFICIAL_SENSITIVE__Larcombe_Joshua_SoS_decision_Redacted.pdf- ./_OFFICIAL_SENSITIVE__Larcombe_Joshua_SoS_decision_Redacted.pdf-On 28 February 2019, Mr Larcombe was arrested by the police in relation to the offences ./_OFFICIAL_SENSITIVE__Larcombe_Joshua_SoS_decision_Redacted.pdf:of “2x cause/incite sexual activity with female 13-17 offender 18 or over abuse of position ./_OFFICIAL_SENSITIVE__Larcombe_Joshua_SoS_decision_Redacted.pdf-of trust (S17 Sexual Offences Act 2003)”. ./_OFFICIAL_SENSITIVE__Larcombe_Joshua_SoS_decision_Redacted.pdf- ./_OFFICIAL_SENSITIVE__Larcombe_Joshua_SoS_decision_Redacted.pdf-On 4 March 2019, the police notified the TRA of Mr Larcombe’s arrest and the police ./_OFFICIAL_SENSITIVE__Larcombe_Joshua_SoS_decision_Redacted.pdf-investigation. ./_OFFICIAL_SENSITIVE__Larcombe_Joshua_SoS_decision_Redacted.pdf- ./_OFFICIAL_SENSITIVE__Larcombe_Joshua_SoS_decision_Redacted.pdf-The School concluded their internal disciplinary investigation on 22 May 2019. Mr ./_OFFICIAL_SENSITIVE__Larcombe_Joshua_SoS_decision_Redacted.pdf-Larcombe resigned from his position at the School on 28 May 2019. ./_OFFICIAL_SENSITIVE__Larcombe_Joshua_SoS_decision_Redacted.pdf- ./_OFFICIAL_SENSITIVE__Larcombe_Joshua_SoS_decision_Redacted.pdf-The School referred the matter to the TRA on 18 July 2019. ./_OFFICIAL_SENSITIVE__Larcombe_Joshua_SoS_decision_Redacted.pdf- -- ./_OFFICIAL_SENSITIVE__Larcombe_Joshua_SoS_decision_Redacted.pdf-Mr Larcombe was convicted at Plymouth Crown Court on 20 August 2021. He was ./_OFFICIAL_SENSITIVE__Larcombe_Joshua_SoS_decision_Redacted.pdf:convicted of “voyeurism, causing or inciting a child to engage in sexual activity by a ./_OFFICIAL_SENSITIVE__Larcombe_Joshua_SoS_decision_Redacted.pdf-person in a position of trust and 3 counts of making indecent photographs of a child”. ./_OFFICIAL_SENSITIVE__Larcombe_Joshua_SoS_decision_Redacted.pdf- ./_OFFICIAL_SENSITIVE__Larcombe_Joshua_SoS_decision_Redacted.pdf-In relation to the offence of “voyeurism”, Mr Larcombe took images of a [REDACTED] the ./_OFFICIAL_SENSITIVE__Larcombe_Joshua_SoS_decision_Redacted.pdf-victim of the offence, whilst she was showering without her knowledge or consent. He ./_OFFICIAL_SENSITIVE__Larcombe_Joshua_SoS_decision_Redacted.pdf-retained these images for a significant period of time. ./_OFFICIAL_SENSITIVE__Larcombe_Joshua_SoS_decision_Redacted.pdf- ./_OFFICIAL_SENSITIVE__Larcombe_Joshua_SoS_decision_Redacted.pdf:In relation to the offence of “causing or inciting a child to engage in sexual activity by a ./_OFFICIAL_SENSITIVE__Larcombe_Joshua_SoS_decision_Redacted.pdf-person in a position of trust and 3 counts of making indecent photographs of a child” Mr ./_OFFICIAL_SENSITIVE__Larcombe_Joshua_SoS_decision_Redacted.pdf-Larcombe was convicted of three counts of making an indecent photograph or pseudo- ./_OFFICIAL_SENSITIVE__Larcombe_Joshua_SoS_decision_Redacted.pdf-photograph of children, contrary to the Protection of Children Act 1978 s1(a), and causing ./_OFFICIAL_SENSITIVE__Larcombe_Joshua_SoS_decision_Redacted.pdf:or inciting sexual activity with a female aged 13-17 offender being 18 or over and in an ./_OFFICIAL_SENSITIVE__Larcombe_Joshua_SoS_decision_Redacted.pdf-abuse of a position of trust, contrary to the Sexual Offences Act 2003 s17(1)(e )(i). Pupil ./_OFFICIAL_SENSITIVE__Larcombe_Joshua_SoS_decision_Redacted.pdf-X was 17 years old at the time Mr Larcombe began a period of online communication, ./_OFFICIAL_SENSITIVE__Larcombe_Joshua_SoS_decision_Redacted.pdf:between around 26 December 2018 to 28 February 2019, which became sexual in ./_OFFICIAL_SENSITIVE__Larcombe_Joshua_SoS_decision_Redacted.pdf-nature. Mr Larcombe incited Pupil X to expose her breasts to him and he also exposed ./_OFFICIAL_SENSITIVE__Larcombe_Joshua_SoS_decision_Redacted.pdf-his penis to Pupil X and retained images of the same. ./_OFFICIAL_SENSITIVE__Larcombe_Joshua_SoS_decision_Redacted.pdf- ./_OFFICIAL_SENSITIVE__Larcombe_Joshua_SoS_decision_Redacted.pdf-Findings of fact ./_OFFICIAL_SENSITIVE__Larcombe_Joshua_SoS_decision_Redacted.pdf- ./_OFFICIAL_SENSITIVE__Larcombe_Joshua_SoS_decision_Redacted.pdf-The findings of fact are as follows: ./_OFFICIAL_SENSITIVE__Larcombe_Joshua_SoS_decision_Redacted.pdf- ./_OFFICIAL_SENSITIVE__Larcombe_Joshua_SoS_decision_Redacted.pdf-The panel found the following particulars of the allegations against you proved, for these ./_OFFICIAL_SENSITIVE__Larcombe_Joshua_SoS_decision_Redacted.pdf-reasons: ./_OFFICIAL_SENSITIVE__Larcombe_Joshua_SoS_decision_Redacted.pdf- ./_OFFICIAL_SENSITIVE__Larcombe_Joshua_SoS_decision_Redacted.pdf-1. On 20 August 2021 at Plymouth Crown Court, you were convicted of: ./_OFFICIAL_SENSITIVE__Larcombe_Joshua_SoS_decision_Redacted.pdf- ./_OFFICIAL_SENSITIVE__Larcombe_Joshua_SoS_decision_Redacted.pdf- a) voyeurism; ./_OFFICIAL_SENSITIVE__Larcombe_Joshua_SoS_decision_Redacted.pdf- ./_OFFICIAL_SENSITIVE__Larcombe_Joshua_SoS_decision_Redacted.pdf: b) causing or inciting a child to engage in sexual activity by a person in a ./_OFFICIAL_SENSITIVE__Larcombe_Joshua_SoS_decision_Redacted.pdf- position of trust; and ./_OFFICIAL_SENSITIVE__Larcombe_Joshua_SoS_decision_Redacted.pdf- ./_OFFICIAL_SENSITIVE__Larcombe_Joshua_SoS_decision_Redacted.pdf- c) 3 counts of making indecent photographs of a child. ./_OFFICIAL_SENSITIVE__Larcombe_Joshua_SoS_decision_Redacted.pdf- ./_OFFICIAL_SENSITIVE__Larcombe_Joshua_SoS_decision_Redacted.pdf-The panel considered the statement of agreed facts signed by Mr Larcombe on 21 April ./_OFFICIAL_SENSITIVE__Larcombe_Joshua_SoS_decision_Redacted.pdf-2022. In that statement of agreed facts, Mr Larcombe admitted the particulars of ./_OFFICIAL_SENSITIVE__Larcombe_Joshua_SoS_decision_Redacted.pdf-allegations 1(a), 1(b) and 1(c). Further, it was admitted that the facts of the allegations ./_OFFICIAL_SENSITIVE__Larcombe_Joshua_SoS_decision_Redacted.pdf-amounted to a conviction of a relevant offence. ./_OFFICIAL_SENSITIVE__Larcombe_Joshua_SoS_decision_Redacted.pdf- ./_OFFICIAL_SENSITIVE__Larcombe_Joshua_SoS_decision_Redacted.pdf-The panel noted page 8 of the Teacher misconduct: The prohibition of teachers (‘the -- ./_OFFICIAL_SENSITIVE__Larcombe_Joshua_SoS_decision_Redacted.pdf-circumstances apply. The panel did not find that any exceptional circumstances applied ./_OFFICIAL_SENSITIVE__Larcombe_Joshua_SoS_decision_Redacted.pdf-in this case. ./_OFFICIAL_SENSITIVE__Larcombe_Joshua_SoS_decision_Redacted.pdf- ./_OFFICIAL_SENSITIVE__Larcombe_Joshua_SoS_decision_Redacted.pdf-The panel had been provided with a copy of the certificate of conviction from Plymouth ./_OFFICIAL_SENSITIVE__Larcombe_Joshua_SoS_decision_Redacted.pdf-Crown Court, which detailed that Mr Larcombe had been convicted of voyeurism, causing ./_OFFICIAL_SENSITIVE__Larcombe_Joshua_SoS_decision_Redacted.pdf:or inciting a child to engage in sexual activity by a person in a position of trust and 3 ./_OFFICIAL_SENSITIVE__Larcombe_Joshua_SoS_decision_Redacted.pdf-counts of making indecent photographs of a child. ./_OFFICIAL_SENSITIVE__Larcombe_Joshua_SoS_decision_Redacted.pdf- ./_OFFICIAL_SENSITIVE__Larcombe_Joshua_SoS_decision_Redacted.pdf-In respect of the allegations, Mr Larcombe was sentenced at Plymouth Crown Court to ./_OFFICIAL_SENSITIVE__Larcombe_Joshua_SoS_decision_Redacted.pdf-12 months imprisonment, suspended for two years, with 300 hours unpaid work and was ./_OFFICIAL_SENSITIVE__Larcombe_Joshua_SoS_decision_Redacted.pdf:placed on the sex offenders register for 10 years. ./_OFFICIAL_SENSITIVE__Larcombe_Joshua_SoS_decision_Redacted.pdf- ./_OFFICIAL_SENSITIVE__Larcombe_Joshua_SoS_decision_Redacted.pdf-On examination of the documents before the panel, the panel was satisfied that the facts ./_OFFICIAL_SENSITIVE__Larcombe_Joshua_SoS_decision_Redacted.pdf-of allegations 1(a), 1(b) and 1(c) were proven. ./_OFFICIAL_SENSITIVE__Larcombe_Joshua_SoS_decision_Redacted.pdf- ./_OFFICIAL_SENSITIVE__Larcombe_Joshua_SoS_decision_Redacted.pdf-Findings as to conviction of a relevant offence ./_OFFICIAL_SENSITIVE__Larcombe_Joshua_SoS_decision_Redacted.pdf- ./_OFFICIAL_SENSITIVE__Larcombe_Joshua_SoS_decision_Redacted.pdf-Having found a number of the allegations proved, the panel went on to consider whether ./_OFFICIAL_SENSITIVE__Larcombe_Joshua_SoS_decision_Redacted.pdf-the facts of those proved allegations amounted to conviction of a relevant offence. ./_OFFICIAL_SENSITIVE__Larcombe_Joshua_SoS_decision_Redacted.pdf- ./_OFFICIAL_SENSITIVE__Larcombe_Joshua_SoS_decision_Redacted.pdf-In doing so, the panel had regard to the Advice. -- ./_OFFICIAL_SENSITIVE__Larcombe_Joshua_SoS_decision_Redacted.pdf-being negatively influenced by it. ./_OFFICIAL_SENSITIVE__Larcombe_Joshua_SoS_decision_Redacted.pdf- ./_OFFICIAL_SENSITIVE__Larcombe_Joshua_SoS_decision_Redacted.pdf-The panel noted that the behaviour involved in committing the offence could have had an ./_OFFICIAL_SENSITIVE__Larcombe_Joshua_SoS_decision_Redacted.pdf-impact on the safety or security of pupils and/or members of the public. In particular, in ./_OFFICIAL_SENSITIVE__Larcombe_Joshua_SoS_decision_Redacted.pdf-[REDACTED] sentencing remarks, he noted that the victim was left “humiliated”, ./_OFFICIAL_SENSITIVE__Larcombe_Joshua_SoS_decision_Redacted.pdf-“violated” and was now paranoid about using the bathroom and showering at home. ./_OFFICIAL_SENSITIVE__Larcombe_Joshua_SoS_decision_Redacted.pdf- ./_OFFICIAL_SENSITIVE__Larcombe_Joshua_SoS_decision_Redacted.pdf-Allegations 1(b) and 1(c), however, were within the education setting and involved ./_OFFICIAL_SENSITIVE__Larcombe_Joshua_SoS_decision_Redacted.pdf-[REDACTED] (Pupil X) that Mr Larcombe was [REDACTED]. In his sentencing remarks, ./_OFFICIAL_SENSITIVE__Larcombe_Joshua_SoS_decision_Redacted.pdf-[REDACTED] stated that “your involvement with her went way beyond what was ./_OFFICIAL_SENSITIVE__Larcombe_Joshua_SoS_decision_Redacted.pdf:necessary or appropriate, even without the sexual element”. The communication with ./_OFFICIAL_SENSITIVE__Larcombe_Joshua_SoS_decision_Redacted.pdf-Pupil X was instigated by Mr Larcombe and, as noted by [REDACTED] “then took a ./_OFFICIAL_SENSITIVE__Larcombe_Joshua_SoS_decision_Redacted.pdf:sexual turn, with you inciting her to expose her breasts to you…and you exposing your ./_OFFICIAL_SENSITIVE__Larcombe_Joshua_SoS_decision_Redacted.pdf-penis to her”. Mr Larcombe then retained these images. ./_OFFICIAL_SENSITIVE__Larcombe_Joshua_SoS_decision_Redacted.pdf- ./_OFFICIAL_SENSITIVE__Larcombe_Joshua_SoS_decision_Redacted.pdf-The panel also took account of the way the teaching profession is viewed by others. The ./_OFFICIAL_SENSITIVE__Larcombe_Joshua_SoS_decision_Redacted.pdf-panel considered that the behaviour in committing the offence could affect public ./_OFFICIAL_SENSITIVE__Larcombe_Joshua_SoS_decision_Redacted.pdf-confidence in the teaching profession, given the influence that teachers may have on ./_OFFICIAL_SENSITIVE__Larcombe_Joshua_SoS_decision_Redacted.pdf-pupils, parents and others in the community. The panel noted that Mr Larcombe’s ./_OFFICIAL_SENSITIVE__Larcombe_Joshua_SoS_decision_Redacted.pdf-behaviour was at times deceitful, in that he set up an online Facebook profile under a ./_OFFICIAL_SENSITIVE__Larcombe_Joshua_SoS_decision_Redacted.pdf-false name (with the same initials) which he used to contact Pupil X and he also ./_OFFICIAL_SENSITIVE__Larcombe_Joshua_SoS_decision_Redacted.pdf-contacted Pupil X’s father to try to make contact with her under the false pretence that he ./_OFFICIAL_SENSITIVE__Larcombe_Joshua_SoS_decision_Redacted.pdf-was providing extra physics tuition. The panel noted Mr Larcombe persisted in ./_OFFICIAL_SENSITIVE__Larcombe_Joshua_SoS_decision_Redacted.pdf-communicating with Pupil X despite the fact they tried to “step away”. ./_OFFICIAL_SENSITIVE__Larcombe_Joshua_SoS_decision_Redacted.pdf- ./_OFFICIAL_SENSITIVE__Larcombe_Joshua_SoS_decision_Redacted.pdf-The panel noted that Mr Larcombe’s behaviour ultimately led to a sentence of ./_OFFICIAL_SENSITIVE__Larcombe_Joshua_SoS_decision_Redacted.pdf-imprisonment that was suspended, which was indicative of the seriousness of the ./_OFFICIAL_SENSITIVE__Larcombe_Joshua_SoS_decision_Redacted.pdf-offences committed. He was also placed on the Sex Offenders register for 10 years. ./_OFFICIAL_SENSITIVE__Larcombe_Joshua_SoS_decision_Redacted.pdf- ./_OFFICIAL_SENSITIVE__Larcombe_Joshua_SoS_decision_Redacted.pdf:This was a case involving an offence of sexual activity; any activity involving viewing, ./_OFFICIAL_SENSITIVE__Larcombe_Joshua_SoS_decision_Redacted.pdf-taking, making, possessing, distributing or publishing any indecent photograph or image ./_OFFICIAL_SENSITIVE__Larcombe_Joshua_SoS_decision_Redacted.pdf-or indecent pseudo photograph or image of a child, or permitting any such activity, ./_OFFICIAL_SENSITIVE__Larcombe_Joshua_SoS_decision_Redacted.pdf-including one-off incidents; and voyeurism which the Advice states is more likely to be ./_OFFICIAL_SENSITIVE__Larcombe_Joshua_SoS_decision_Redacted.pdf-considered a relevant offence. ./_OFFICIAL_SENSITIVE__Larcombe_Joshua_SoS_decision_Redacted.pdf- ./_OFFICIAL_SENSITIVE__Larcombe_Joshua_SoS_decision_Redacted.pdf- ./_OFFICIAL_SENSITIVE__Larcombe_Joshua_SoS_decision_Redacted.pdf- ./_OFFICIAL_SENSITIVE__Larcombe_Joshua_SoS_decision_Redacted.pdf- 8 ./_OFFICIAL_SENSITIVE__Larcombe_Joshua_SoS_decision_Redacted.pdf- -- ./_OFFICIAL_SENSITIVE__Larcombe_Joshua_SoS_decision_Redacted.pdf-apportioned, although they are likely to have punitive effect. ./_OFFICIAL_SENSITIVE__Larcombe_Joshua_SoS_decision_Redacted.pdf- ./_OFFICIAL_SENSITIVE__Larcombe_Joshua_SoS_decision_Redacted.pdf-The panel had regard to the particular public interest considerations set out in the Advice ./_OFFICIAL_SENSITIVE__Larcombe_Joshua_SoS_decision_Redacted.pdf-and, having done so, found a number of them to be relevant in this case, namely: the ./_OFFICIAL_SENSITIVE__Larcombe_Joshua_SoS_decision_Redacted.pdf-safeguarding and wellbeing of pupils and the protection of other members of the public; ./_OFFICIAL_SENSITIVE__Larcombe_Joshua_SoS_decision_Redacted.pdf-the maintenance of public confidence in the profession; declaring and upholding proper ./_OFFICIAL_SENSITIVE__Larcombe_Joshua_SoS_decision_Redacted.pdf-standards of conduct; and that prohibition strikes the right balance between the rights of ./_OFFICIAL_SENSITIVE__Larcombe_Joshua_SoS_decision_Redacted.pdf-the teacher and the public interest, if they are in conflict. ./_OFFICIAL_SENSITIVE__Larcombe_Joshua_SoS_decision_Redacted.pdf- ./_OFFICIAL_SENSITIVE__Larcombe_Joshua_SoS_decision_Redacted.pdf-In light of the panel’s findings against Mr Larcombe, which involved a conviction for ./_OFFICIAL_SENSITIVE__Larcombe_Joshua_SoS_decision_Redacted.pdf:voyeurism, causing or inciting a child to engage in sexual activity by a person in a ./_OFFICIAL_SENSITIVE__Larcombe_Joshua_SoS_decision_Redacted.pdf-position of trust and 3 counts of making indecent photographs of a child, there was a ./_OFFICIAL_SENSITIVE__Larcombe_Joshua_SoS_decision_Redacted.pdf-strong public interest consideration in respect of the protection of pupils given the serious ./_OFFICIAL_SENSITIVE__Larcombe_Joshua_SoS_decision_Redacted.pdf-findings of inappropriate relationships with children. ./_OFFICIAL_SENSITIVE__Larcombe_Joshua_SoS_decision_Redacted.pdf- ./_OFFICIAL_SENSITIVE__Larcombe_Joshua_SoS_decision_Redacted.pdf-Similarly, the panel considered that public confidence in the profession could be seriously ./_OFFICIAL_SENSITIVE__Larcombe_Joshua_SoS_decision_Redacted.pdf-weakened if conduct such as that found against Mr Larcombe were not treated with the ./_OFFICIAL_SENSITIVE__Larcombe_Joshua_SoS_decision_Redacted.pdf-utmost seriousness when regulating the conduct of the profession. ./_OFFICIAL_SENSITIVE__Larcombe_Joshua_SoS_decision_Redacted.pdf- ./_OFFICIAL_SENSITIVE__Larcombe_Joshua_SoS_decision_Redacted.pdf-The panel decided that a strong public interest consideration in declaring proper ./_OFFICIAL_SENSITIVE__Larcombe_Joshua_SoS_decision_Redacted.pdf-standards of conduct in the profession was also present as the conduct found against Mr -- ./_OFFICIAL_SENSITIVE__Larcombe_Joshua_SoS_decision_Redacted.pdf- • the commission of a serious criminal offence, including those that resulted in a ./_OFFICIAL_SENSITIVE__Larcombe_Joshua_SoS_decision_Redacted.pdf- conviction or caution, paying particular attention to offences that are ‘relevant ./_OFFICIAL_SENSITIVE__Larcombe_Joshua_SoS_decision_Redacted.pdf- matters’ for the purposes of The Police Act 1997 and criminal record disclosures. ./_OFFICIAL_SENSITIVE__Larcombe_Joshua_SoS_decision_Redacted.pdf- ./_OFFICIAL_SENSITIVE__Larcombe_Joshua_SoS_decision_Redacted.pdf- • misconduct seriously affecting the education and/or well-being of pupils, and ./_OFFICIAL_SENSITIVE__Larcombe_Joshua_SoS_decision_Redacted.pdf- particularly where there is a continuing risk; ./_OFFICIAL_SENSITIVE__Larcombe_Joshua_SoS_decision_Redacted.pdf- ./_OFFICIAL_SENSITIVE__Larcombe_Joshua_SoS_decision_Redacted.pdf- • abuse of position or trust (particularly involving pupils); ./_OFFICIAL_SENSITIVE__Larcombe_Joshua_SoS_decision_Redacted.pdf- ./_OFFICIAL_SENSITIVE__Larcombe_Joshua_SoS_decision_Redacted.pdf- • any abuse of any trust, knowledge or influence grained through their professional ./_OFFICIAL_SENSITIVE__Larcombe_Joshua_SoS_decision_Redacted.pdf: position in order to advance a romantic or sexual relationship with a pupil or former ./_OFFICIAL_SENSITIVE__Larcombe_Joshua_SoS_decision_Redacted.pdf- pupil; ./_OFFICIAL_SENSITIVE__Larcombe_Joshua_SoS_decision_Redacted.pdf- ./_OFFICIAL_SENSITIVE__Larcombe_Joshua_SoS_decision_Redacted.pdf: • sexual misconduct, for example, involving actions that were sexually motivated or ./_OFFICIAL_SENSITIVE__Larcombe_Joshua_SoS_decision_Redacted.pdf: of a sexual nature and/or that use or exploit the trust, knowledge or influence ./_OFFICIAL_SENSITIVE__Larcombe_Joshua_SoS_decision_Redacted.pdf- derived from the individual’s professional position; ./_OFFICIAL_SENSITIVE__Larcombe_Joshua_SoS_decision_Redacted.pdf- ./_OFFICIAL_SENSITIVE__Larcombe_Joshua_SoS_decision_Redacted.pdf- • any activity involving viewing, taking, making, possessing, distributing or ./_OFFICIAL_SENSITIVE__Larcombe_Joshua_SoS_decision_Redacted.pdf- publishing any indecent photograph or image or pseudo photograph or image of a ./_OFFICIAL_SENSITIVE__Larcombe_Joshua_SoS_decision_Redacted.pdf- child, or permitting such activity, including one-off incidents; ./_OFFICIAL_SENSITIVE__Larcombe_Joshua_SoS_decision_Redacted.pdf- ./_OFFICIAL_SENSITIVE__Larcombe_Joshua_SoS_decision_Redacted.pdf- • failure to act on evidence that indicated a child’s welfare may have been at risk ./_OFFICIAL_SENSITIVE__Larcombe_Joshua_SoS_decision_Redacted.pdf- e.g. failed to notify the designated safeguarding lead and/or make a referral to ./_OFFICIAL_SENSITIVE__Larcombe_Joshua_SoS_decision_Redacted.pdf- children’s social care, the police or other relevant agencies when abuse, neglect ./_OFFICIAL_SENSITIVE__Larcombe_Joshua_SoS_decision_Redacted.pdf- and/or harmful cultural practices were identified; -- ./_OFFICIAL_SENSITIVE__Larcombe_Joshua_SoS_decision_Redacted.pdf-immediate effect. ./_OFFICIAL_SENSITIVE__Larcombe_Joshua_SoS_decision_Redacted.pdf- ./_OFFICIAL_SENSITIVE__Larcombe_Joshua_SoS_decision_Redacted.pdf-The panel went on to consider whether or not it would be appropriate to recommend that ./_OFFICIAL_SENSITIVE__Larcombe_Joshua_SoS_decision_Redacted.pdf-a review period of the order should be considered. The panel was mindful that the Advice ./_OFFICIAL_SENSITIVE__Larcombe_Joshua_SoS_decision_Redacted.pdf-states that a prohibition order applies for life, but there may be circumstances, in any ./_OFFICIAL_SENSITIVE__Larcombe_Joshua_SoS_decision_Redacted.pdf-given case, that may make it appropriate to allow a teacher to apply to have the ./_OFFICIAL_SENSITIVE__Larcombe_Joshua_SoS_decision_Redacted.pdf-prohibition order reviewed after a specified period of time that may not be less than 2 ./_OFFICIAL_SENSITIVE__Larcombe_Joshua_SoS_decision_Redacted.pdf-years. ./_OFFICIAL_SENSITIVE__Larcombe_Joshua_SoS_decision_Redacted.pdf- ./_OFFICIAL_SENSITIVE__Larcombe_Joshua_SoS_decision_Redacted.pdf-The Advice indicates that there are behaviours that, if proved, would militate against the ./_OFFICIAL_SENSITIVE__Larcombe_Joshua_SoS_decision_Redacted.pdf:recommendation of a review period. These behaviours include serious sexual ./_OFFICIAL_SENSITIVE__Larcombe_Joshua_SoS_decision_Redacted.pdf:misconduct, such as where the act was sexually motivated and resulted in, or had the ./_OFFICIAL_SENSITIVE__Larcombe_Joshua_SoS_decision_Redacted.pdf-potential to result in, harm to a person or persons, particularly where the individual has ./_OFFICIAL_SENSITIVE__Larcombe_Joshua_SoS_decision_Redacted.pdf:used his professional position to influence or exploit a person or persons; any sexual ./_OFFICIAL_SENSITIVE__Larcombe_Joshua_SoS_decision_Redacted.pdf-misconduct involving a child; and any activity involving viewing, taking, making, ./_OFFICIAL_SENSITIVE__Larcombe_Joshua_SoS_decision_Redacted.pdf-possessing, distributing or publishing any indecent photograph or image or indecent ./_OFFICIAL_SENSITIVE__Larcombe_Joshua_SoS_decision_Redacted.pdf-pseudo photograph or image of a child. The panel found that Mr Larcombe was convicted ./_OFFICIAL_SENSITIVE__Larcombe_Joshua_SoS_decision_Redacted.pdf:for voyeurism, causing or inciting a child to engage in sexual activity by a person in a ./_OFFICIAL_SENSITIVE__Larcombe_Joshua_SoS_decision_Redacted.pdf-position of trust and 3 counts of making indecent photographs of a child. ./_OFFICIAL_SENSITIVE__Larcombe_Joshua_SoS_decision_Redacted.pdf- ./_OFFICIAL_SENSITIVE__Larcombe_Joshua_SoS_decision_Redacted.pdf-The Advice also indicates that there are behaviours that, if proved, would have greater ./_OFFICIAL_SENSITIVE__Larcombe_Joshua_SoS_decision_Redacted.pdf-relevance and weigh in favour of a longer review period. The panel did not believe any of ./_OFFICIAL_SENSITIVE__Larcombe_Joshua_SoS_decision_Redacted.pdf-these behaviours were proved. ./_OFFICIAL_SENSITIVE__Larcombe_Joshua_SoS_decision_Redacted.pdf- ./_OFFICIAL_SENSITIVE__Larcombe_Joshua_SoS_decision_Redacted.pdf-The panel decided that the findings indicated a situation in which a review period would ./_OFFICIAL_SENSITIVE__Larcombe_Joshua_SoS_decision_Redacted.pdf-not be appropriate and, as such, decided that it would be proportionate in all the ./_OFFICIAL_SENSITIVE__Larcombe_Joshua_SoS_decision_Redacted.pdf-circumstances for the prohibition order to be recommended without provisions for a ./_OFFICIAL_SENSITIVE__Larcombe_Joshua_SoS_decision_Redacted.pdf-review period. -- ./_OFFICIAL_SENSITIVE__Larcombe_Joshua_SoS_decision_Redacted.pdf- own attendance and punctuality. ./_OFFICIAL_SENSITIVE__Larcombe_Joshua_SoS_decision_Redacted.pdf- ./_OFFICIAL_SENSITIVE__Larcombe_Joshua_SoS_decision_Redacted.pdf- • Teachers must have an understanding of, and always act within, the statutory ./_OFFICIAL_SENSITIVE__Larcombe_Joshua_SoS_decision_Redacted.pdf- frameworks which set out their professional duties and responsibilities. ./_OFFICIAL_SENSITIVE__Larcombe_Joshua_SoS_decision_Redacted.pdf- ./_OFFICIAL_SENSITIVE__Larcombe_Joshua_SoS_decision_Redacted.pdf-The panel, “considered that Mr Larcombe’s conduct was of the utmost seriousness and ./_OFFICIAL_SENSITIVE__Larcombe_Joshua_SoS_decision_Redacted.pdf-incompatible with the standards of behaviour expected of any member of the public, let ./_OFFICIAL_SENSITIVE__Larcombe_Joshua_SoS_decision_Redacted.pdf-alone a teacher who is placed in a position of trust with children.” ./_OFFICIAL_SENSITIVE__Larcombe_Joshua_SoS_decision_Redacted.pdf- ./_OFFICIAL_SENSITIVE__Larcombe_Joshua_SoS_decision_Redacted.pdf-The findings of misconduct are particularly serious as they include findings of voyeurism, ./_OFFICIAL_SENSITIVE__Larcombe_Joshua_SoS_decision_Redacted.pdf:causing or inciting a child to engage in sexual activity and making indecent photographs ./_OFFICIAL_SENSITIVE__Larcombe_Joshua_SoS_decision_Redacted.pdf-of a child. ./_OFFICIAL_SENSITIVE__Larcombe_Joshua_SoS_decision_Redacted.pdf- ./_OFFICIAL_SENSITIVE__Larcombe_Joshua_SoS_decision_Redacted.pdf-I have to determine whether the imposition of a prohibition order is proportionate and in ./_OFFICIAL_SENSITIVE__Larcombe_Joshua_SoS_decision_Redacted.pdf-the public interest. In considering that for this case, I have considered the overall aim of a ./_OFFICIAL_SENSITIVE__Larcombe_Joshua_SoS_decision_Redacted.pdf-prohibition order which is to protect pupils and to maintain public confidence in the ./_OFFICIAL_SENSITIVE__Larcombe_Joshua_SoS_decision_Redacted.pdf-profession. I have considered the extent to which a prohibition order in this case would ./_OFFICIAL_SENSITIVE__Larcombe_Joshua_SoS_decision_Redacted.pdf-achieve that aim taking into account the impact that it will have on the individual teacher. ./_OFFICIAL_SENSITIVE__Larcombe_Joshua_SoS_decision_Redacted.pdf-I have also asked myself, whether a less intrusive measure, such as the published ./_OFFICIAL_SENSITIVE__Larcombe_Joshua_SoS_decision_Redacted.pdf-finding of unacceptable professional conduct and conduct that may bring the profession ./_OFFICIAL_SENSITIVE__Larcombe_Joshua_SoS_decision_Redacted.pdf-into disrepute, would itself be sufficient to achieve the overall aim. I have to consider -- ./_OFFICIAL_SENSITIVE__Larcombe_Joshua_SoS_decision_Redacted.pdf-evidence that before these incidents occurred, Mr Larcombe had been provided with ./_OFFICIAL_SENSITIVE__Larcombe_Joshua_SoS_decision_Redacted.pdf-advice from colleagues regarding his relationships with pupils which he had clearly not ./_OFFICIAL_SENSITIVE__Larcombe_Joshua_SoS_decision_Redacted.pdf-taken on board.” In my judgement, the lack of insight means that there is some risk of the ./_OFFICIAL_SENSITIVE__Larcombe_Joshua_SoS_decision_Redacted.pdf-repetition of this behaviour and this puts at risk the future wellbeing of pupils’. I have ./_OFFICIAL_SENSITIVE__Larcombe_Joshua_SoS_decision_Redacted.pdf-therefore given this element considerable weight in reaching my decision. ./_OFFICIAL_SENSITIVE__Larcombe_Joshua_SoS_decision_Redacted.pdf- ./_OFFICIAL_SENSITIVE__Larcombe_Joshua_SoS_decision_Redacted.pdf-I have gone on to consider the extent to which a prohibition order would maintain public ./_OFFICIAL_SENSITIVE__Larcombe_Joshua_SoS_decision_Redacted.pdf-confidence in the profession. The panel observe, “that public confidence in the profession ./_OFFICIAL_SENSITIVE__Larcombe_Joshua_SoS_decision_Redacted.pdf-could be seriously weakened if conduct such as that found against Mr Larcombe were ./_OFFICIAL_SENSITIVE__Larcombe_Joshua_SoS_decision_Redacted.pdf-not treated with the utmost seriousness when regulating the conduct of the profession.” I ./_OFFICIAL_SENSITIVE__Larcombe_Joshua_SoS_decision_Redacted.pdf:am particularly mindful of the sexual nature of the findings in this case and the impact ./_OFFICIAL_SENSITIVE__Larcombe_Joshua_SoS_decision_Redacted.pdf-that such findings have on the reputation of the profession. ./_OFFICIAL_SENSITIVE__Larcombe_Joshua_SoS_decision_Redacted.pdf- ./_OFFICIAL_SENSITIVE__Larcombe_Joshua_SoS_decision_Redacted.pdf-I have had to consider that the public has a high expectation of professional standards of ./_OFFICIAL_SENSITIVE__Larcombe_Joshua_SoS_decision_Redacted.pdf-all teachers and that the public might regard a failure to impose a prohibition order as a ./_OFFICIAL_SENSITIVE__Larcombe_Joshua_SoS_decision_Redacted.pdf-failure to uphold those high standards. In weighing these considerations, I have had to ./_OFFICIAL_SENSITIVE__Larcombe_Joshua_SoS_decision_Redacted.pdf-consider the matter from the point of view of an “ordinary intelligent and well-informed ./_OFFICIAL_SENSITIVE__Larcombe_Joshua_SoS_decision_Redacted.pdf-citizen.” ./_OFFICIAL_SENSITIVE__Larcombe_Joshua_SoS_decision_Redacted.pdf- ./_OFFICIAL_SENSITIVE__Larcombe_Joshua_SoS_decision_Redacted.pdf-I have considered whether the publication of a finding of unacceptable professional ./_OFFICIAL_SENSITIVE__Larcombe_Joshua_SoS_decision_Redacted.pdf-conduct, in the absence of a prohibition order, can itself be regarded by such a person as -- ./_OFFICIAL_SENSITIVE__Larcombe_Joshua_SoS_decision_Redacted.pdf-confidence in the profession. ./_OFFICIAL_SENSITIVE__Larcombe_Joshua_SoS_decision_Redacted.pdf- ./_OFFICIAL_SENSITIVE__Larcombe_Joshua_SoS_decision_Redacted.pdf-For these reasons, I have concluded that a prohibition order is proportionate and in the ./_OFFICIAL_SENSITIVE__Larcombe_Joshua_SoS_decision_Redacted.pdf-public interest in order to achieve the intended aims of a prohibition order. ./_OFFICIAL_SENSITIVE__Larcombe_Joshua_SoS_decision_Redacted.pdf- ./_OFFICIAL_SENSITIVE__Larcombe_Joshua_SoS_decision_Redacted.pdf-I have gone on to consider the matter of a review period. In this case, the panel has ./_OFFICIAL_SENSITIVE__Larcombe_Joshua_SoS_decision_Redacted.pdf-recommended that no provision should be made for a review period. ./_OFFICIAL_SENSITIVE__Larcombe_Joshua_SoS_decision_Redacted.pdf- ./_OFFICIAL_SENSITIVE__Larcombe_Joshua_SoS_decision_Redacted.pdf-I have considered the panel’s comments “The Advice indicates that there are behaviours ./_OFFICIAL_SENSITIVE__Larcombe_Joshua_SoS_decision_Redacted.pdf-that, if proved, would militate against the recommendation of a review period. These ./_OFFICIAL_SENSITIVE__Larcombe_Joshua_SoS_decision_Redacted.pdf:behaviours include serious sexual misconduct, such as where the act was sexually ./_OFFICIAL_SENSITIVE__Larcombe_Joshua_SoS_decision_Redacted.pdf-motivated and resulted in, or had the potential to result in, harm to a person or persons, ./_OFFICIAL_SENSITIVE__Larcombe_Joshua_SoS_decision_Redacted.pdf-particularly where the individual has used his professional position to influence or exploit ./_OFFICIAL_SENSITIVE__Larcombe_Joshua_SoS_decision_Redacted.pdf:a person or persons; any sexual misconduct involving a child; and any activity involving ./_OFFICIAL_SENSITIVE__Larcombe_Joshua_SoS_decision_Redacted.pdf-viewing, taking, making, possessing, distributing or publishing any indecent photograph ./_OFFICIAL_SENSITIVE__Larcombe_Joshua_SoS_decision_Redacted.pdf-or image or indecent pseudo photograph or image of a child. The panel found that Mr ./_OFFICIAL_SENSITIVE__Larcombe_Joshua_SoS_decision_Redacted.pdf:Larcombe was convicted for voyeurism, causing or inciting a child to engage in sexual ./_OFFICIAL_SENSITIVE__Larcombe_Joshua_SoS_decision_Redacted.pdf-activity by a person in a position of trust and 3 counts of making indecent photographs of ./_OFFICIAL_SENSITIVE__Larcombe_Joshua_SoS_decision_Redacted.pdf-a child.” ./_OFFICIAL_SENSITIVE__Larcombe_Joshua_SoS_decision_Redacted.pdf- ./_OFFICIAL_SENSITIVE__Larcombe_Joshua_SoS_decision_Redacted.pdf-I have considered whether allowing a review period reflects the seriousness of the ./_OFFICIAL_SENSITIVE__Larcombe_Joshua_SoS_decision_Redacted.pdf-findings and is a proportionate period to achieve the aim of maintaining public confidence ./_OFFICIAL_SENSITIVE__Larcombe_Joshua_SoS_decision_Redacted.pdf-in the profession. In this case, factors mean that allowing a review period is not sufficient ./_OFFICIAL_SENSITIVE__Larcombe_Joshua_SoS_decision_Redacted.pdf-to achieve the aim of maintaining public confidence in the profession. These elements ./_OFFICIAL_SENSITIVE__Larcombe_Joshua_SoS_decision_Redacted.pdf:are the serious sexual nature of the findings and the lack of either insight or remorse. ./_OFFICIAL_SENSITIVE__Larcombe_Joshua_SoS_decision_Redacted.pdf- ./_OFFICIAL_SENSITIVE__Larcombe_Joshua_SoS_decision_Redacted.pdf-I consider therefore that allowing for no review period is necessary to maintain public ./_OFFICIAL_SENSITIVE__Larcombe_Joshua_SoS_decision_Redacted.pdf-confidence and is proportionate and in the public interest. ./_OFFICIAL_SENSITIVE__Larcombe_Joshua_SoS_decision_Redacted.pdf- ./_OFFICIAL_SENSITIVE__Larcombe_Joshua_SoS_decision_Redacted.pdf-This means that Mr Joshua Larcombe is prohibited from teaching indefinitely and ./_OFFICIAL_SENSITIVE__Larcombe_Joshua_SoS_decision_Redacted.pdf-cannot teach in any school, sixth form college, relevant youth accommodation or ./_OFFICIAL_SENSITIVE__Larcombe_Joshua_SoS_decision_Redacted.pdf-children’s home in England. Furthermore, in view of the seriousness of the allegations ./_OFFICIAL_SENSITIVE__Larcombe_Joshua_SoS_decision_Redacted.pdf- ./_OFFICIAL_SENSITIVE__Larcombe_Joshua_SoS_decision_Redacted.pdf- ./_OFFICIAL_SENSITIVE__Larcombe_Joshua_SoS_decision_Redacted.pdf- 15 ./_Official_Sensitive__Leavold_-_Davey_Scott_-_SoS_Web_decision_REDACTED.pdf- 1. Whilst employed as a teacher at the Open Academy in 2018-19, he engaged in ./_Official_Sensitive__Leavold_-_Davey_Scott_-_SoS_Web_decision_REDACTED.pdf- and/or developed an inappropriate relationship with Former-Pupil B, a ./_Official_Sensitive__Leavold_-_Davey_Scott_-_SoS_Web_decision_REDACTED.pdf- [REDACTED pupil who had attended the school until approximately July 2018, in ./_Official_Sensitive__Leavold_-_Davey_Scott_-_SoS_Web_decision_REDACTED.pdf- that he: ./_Official_Sensitive__Leavold_-_Davey_Scott_-_SoS_Web_decision_REDACTED.pdf- ./_Official_Sensitive__Leavold_-_Davey_Scott_-_SoS_Web_decision_REDACTED.pdf- a. exchanged e-mails with her; ./_Official_Sensitive__Leavold_-_Davey_Scott_-_SoS_Web_decision_REDACTED.pdf- b. met with her, including at the gym; ./_Official_Sensitive__Leavold_-_Davey_Scott_-_SoS_Web_decision_REDACTED.pdf- c. met with her at school in or around October 2018; ./_Official_Sensitive__Leavold_-_Davey_Scott_-_SoS_Web_decision_REDACTED.pdf- d. kissed and/or touched her; ./_Official_Sensitive__Leavold_-_Davey_Scott_-_SoS_Web_decision_REDACTED.pdf- e. resigned from your teaching post in order to continue and /or pursue a ./_Official_Sensitive__Leavold_-_Davey_Scott_-_SoS_Web_decision_REDACTED.pdf: romantic and/or sexual relationship with her. ./_Official_Sensitive__Leavold_-_Davey_Scott_-_SoS_Web_decision_REDACTED.pdf- ./_Official_Sensitive__Leavold_-_Davey_Scott_-_SoS_Web_decision_REDACTED.pdf- 2. His conduct as may be found proven at Allegation 1 was in spite of the fact: ./_Official_Sensitive__Leavold_-_Davey_Scott_-_SoS_Web_decision_REDACTED.pdf- ./_Official_Sensitive__Leavold_-_Davey_Scott_-_SoS_Web_decision_REDACTED.pdf- a. that he had first met Former-Pupil B whilst working as her teacher; ./_Official_Sensitive__Leavold_-_Davey_Scott_-_SoS_Web_decision_REDACTED.pdf- b. that as a consequence of having been Former-Pupil B’s teacher, he was ./_Official_Sensitive__Leavold_-_Davey_Scott_-_SoS_Web_decision_REDACTED.pdf- aware that [REDACTED]; ./_Official_Sensitive__Leavold_-_Davey_Scott_-_SoS_Web_decision_REDACTED.pdf- c. that Former Pupil B was considered to be a [REDACTED] ./_Official_Sensitive__Leavold_-_Davey_Scott_-_SoS_Web_decision_REDACTED.pdf- d. that he had received management advice in respect of his conduct ./_Official_Sensitive__Leavold_-_Davey_Scott_-_SoS_Web_decision_REDACTED.pdf- towards pupils in or around January 2018. ./_Official_Sensitive__Leavold_-_Davey_Scott_-_SoS_Web_decision_REDACTED.pdf- ./_Official_Sensitive__Leavold_-_Davey_Scott_-_SoS_Web_decision_REDACTED.pdf: 3. His conduct as may be found proven at Allegation 1 was sexually motivated. ./_Official_Sensitive__Leavold_-_Davey_Scott_-_SoS_Web_decision_REDACTED.pdf- ./_Official_Sensitive__Leavold_-_Davey_Scott_-_SoS_Web_decision_REDACTED.pdf-Mr Leavold-Davey admitted the facts alleged within the statement of agreed facts which ./_Official_Sensitive__Leavold_-_Davey_Scott_-_SoS_Web_decision_REDACTED.pdf-is dated 26 October 2020 ('the Statement') and is signed by both the teacher and the ./_Official_Sensitive__Leavold_-_Davey_Scott_-_SoS_Web_decision_REDACTED.pdf-TRA's presenting officer. ./_Official_Sensitive__Leavold_-_Davey_Scott_-_SoS_Web_decision_REDACTED.pdf- ./_Official_Sensitive__Leavold_-_Davey_Scott_-_SoS_Web_decision_REDACTED.pdf-Within the Statement, Mr Leavold-Davey has admitted that his conduct amounts to ./_Official_Sensitive__Leavold_-_Davey_Scott_-_SoS_Web_decision_REDACTED.pdf-unacceptable professional conduct and conduct that may bring the profession into ./_Official_Sensitive__Leavold_-_Davey_Scott_-_SoS_Web_decision_REDACTED.pdf-disrepute. ./_Official_Sensitive__Leavold_-_Davey_Scott_-_SoS_Web_decision_REDACTED.pdf- ./_Official_Sensitive__Leavold_-_Davey_Scott_-_SoS_Web_decision_REDACTED.pdf- -- ./_Official_Sensitive__Leavold_-_Davey_Scott_-_SoS_Web_decision_REDACTED.pdf- 1. Whilst employed as a teacher at the Open Academy in 2018-19, you engaged ./_Official_Sensitive__Leavold_-_Davey_Scott_-_SoS_Web_decision_REDACTED.pdf- in and/or developed an inappropriate relationship with Former-Pupil B, a ./_Official_Sensitive__Leavold_-_Davey_Scott_-_SoS_Web_decision_REDACTED.pdf- [REDACTED] pupil who had attended the school until approximately July 2018, ./_Official_Sensitive__Leavold_-_Davey_Scott_-_SoS_Web_decision_REDACTED.pdf- in that you: ./_Official_Sensitive__Leavold_-_Davey_Scott_-_SoS_Web_decision_REDACTED.pdf- ./_Official_Sensitive__Leavold_-_Davey_Scott_-_SoS_Web_decision_REDACTED.pdf- a. exchanged e-mails with her; ./_Official_Sensitive__Leavold_-_Davey_Scott_-_SoS_Web_decision_REDACTED.pdf- b. met with her, including at the gym; ./_Official_Sensitive__Leavold_-_Davey_Scott_-_SoS_Web_decision_REDACTED.pdf- c. met with her at school in or around October 2018; ./_Official_Sensitive__Leavold_-_Davey_Scott_-_SoS_Web_decision_REDACTED.pdf- d. kissed and/or touched her; ./_Official_Sensitive__Leavold_-_Davey_Scott_-_SoS_Web_decision_REDACTED.pdf- e. resigned from your teaching post in order to continue and /or pursue ./_Official_Sensitive__Leavold_-_Davey_Scott_-_SoS_Web_decision_REDACTED.pdf: a romantic and/or sexual relationship with her. ./_Official_Sensitive__Leavold_-_Davey_Scott_-_SoS_Web_decision_REDACTED.pdf- ./_Official_Sensitive__Leavold_-_Davey_Scott_-_SoS_Web_decision_REDACTED.pdf-The panel noted that Mr Leavold-Davey had unequivocally accepted the facts of these ./_Official_Sensitive__Leavold_-_Davey_Scott_-_SoS_Web_decision_REDACTED.pdf-particulars within the Statement. On the basis that he, along with former Pupil B, was ./_Official_Sensitive__Leavold_-_Davey_Scott_-_SoS_Web_decision_REDACTED.pdf-best placed to confirm the events that took place between the two of them, the panel ./_Official_Sensitive__Leavold_-_Davey_Scott_-_SoS_Web_decision_REDACTED.pdf-considered his admissions within the Statement to prove the facts. ./_Official_Sensitive__Leavold_-_Davey_Scott_-_SoS_Web_decision_REDACTED.pdf- ./_Official_Sensitive__Leavold_-_Davey_Scott_-_SoS_Web_decision_REDACTED.pdf-With consideration to the fact that Mr Leavold-Davey had, until July 2018, been former ./_Official_Sensitive__Leavold_-_Davey_Scott_-_SoS_Web_decision_REDACTED.pdf-Pupil B's teacher, the panel also determined that commencing a relationship with her so ./_Official_Sensitive__Leavold_-_Davey_Scott_-_SoS_Web_decision_REDACTED.pdf-soon after leaving the Academy, to be inappropriate. ./_Official_Sensitive__Leavold_-_Davey_Scott_-_SoS_Web_decision_REDACTED.pdf- -- ./_Official_Sensitive__Leavold_-_Davey_Scott_-_SoS_Web_decision_REDACTED.pdf- ./_Official_Sensitive__Leavold_-_Davey_Scott_-_SoS_Web_decision_REDACTED.pdf-For the same reasons as above, the panel accepted Mr Leavold-Davey's admissions to ./_Official_Sensitive__Leavold_-_Davey_Scott_-_SoS_Web_decision_REDACTED.pdf-these facts and his awareness of the circumstances surrounding former Pupil B. ./_Official_Sensitive__Leavold_-_Davey_Scott_-_SoS_Web_decision_REDACTED.pdf- ./_Official_Sensitive__Leavold_-_Davey_Scott_-_SoS_Web_decision_REDACTED.pdf-The panel also had sight of documentation, such as the letter sent to Mr Leavold-Davey ./_Official_Sensitive__Leavold_-_Davey_Scott_-_SoS_Web_decision_REDACTED.pdf-in January 2018, none of which contained any evidence that may cast doubt on the ./_Official_Sensitive__Leavold_-_Davey_Scott_-_SoS_Web_decision_REDACTED.pdf-admissions given within the Statement. ./_Official_Sensitive__Leavold_-_Davey_Scott_-_SoS_Web_decision_REDACTED.pdf- ./_Official_Sensitive__Leavold_-_Davey_Scott_-_SoS_Web_decision_REDACTED.pdf-On that basis, the panel found all particulars proved. ./_Official_Sensitive__Leavold_-_Davey_Scott_-_SoS_Web_decision_REDACTED.pdf- ./_Official_Sensitive__Leavold_-_Davey_Scott_-_SoS_Web_decision_REDACTED.pdf: 3. Your conduct, as may be found proven at Allegation 1, was sexually ./_Official_Sensitive__Leavold_-_Davey_Scott_-_SoS_Web_decision_REDACTED.pdf- motivated. ./_Official_Sensitive__Leavold_-_Davey_Scott_-_SoS_Web_decision_REDACTED.pdf- ./_Official_Sensitive__Leavold_-_Davey_Scott_-_SoS_Web_decision_REDACTED.pdf-The panel accepted the legal advice on this matter, and noted Mr Leavold-Davey's ./_Official_Sensitive__Leavold_-_Davey_Scott_-_SoS_Web_decision_REDACTED.pdf:admission, in the Statement, that his conduct had been sexually motivated. ./_Official_Sensitive__Leavold_-_Davey_Scott_-_SoS_Web_decision_REDACTED.pdf- ./_Official_Sensitive__Leavold_-_Davey_Scott_-_SoS_Web_decision_REDACTED.pdf-When determining the state of mind of a person, a panel must give weight to that ./_Official_Sensitive__Leavold_-_Davey_Scott_-_SoS_Web_decision_REDACTED.pdf-person's explanation of what their state of mind was, or had been, at the relevant time. ./_Official_Sensitive__Leavold_-_Davey_Scott_-_SoS_Web_decision_REDACTED.pdf-That person would be best placed to give such evidence, rather than the panel having to ./_Official_Sensitive__Leavold_-_Davey_Scott_-_SoS_Web_decision_REDACTED.pdf-rely on possible inferences. ./_Official_Sensitive__Leavold_-_Davey_Scott_-_SoS_Web_decision_REDACTED.pdf- ./_Official_Sensitive__Leavold_-_Davey_Scott_-_SoS_Web_decision_REDACTED.pdf-The facts relating to allegation 1 suggested to the panel that Mr Leavold-Davey's actions ./_Official_Sensitive__Leavold_-_Davey_Scott_-_SoS_Web_decision_REDACTED.pdf:with former Pupil B may have been sexually motivated, albeit not necessarily in a ./_Official_Sensitive__Leavold_-_Davey_Scott_-_SoS_Web_decision_REDACTED.pdf-deliberately exploitative manner. When considered along with Mr Leavold-Davey's ./_Official_Sensitive__Leavold_-_Davey_Scott_-_SoS_Web_decision_REDACTED.pdf-admission and explanation of his motivation, the panel determined that this allegation ./_Official_Sensitive__Leavold_-_Davey_Scott_-_SoS_Web_decision_REDACTED.pdf-was also proved. ./_Official_Sensitive__Leavold_-_Davey_Scott_-_SoS_Web_decision_REDACTED.pdf- ./_Official_Sensitive__Leavold_-_Davey_Scott_-_SoS_Web_decision_REDACTED.pdf-Findings as to unacceptable professional conduct and/or conduct that ./_Official_Sensitive__Leavold_-_Davey_Scott_-_SoS_Web_decision_REDACTED.pdf-may bring the profession into disrepute ./_Official_Sensitive__Leavold_-_Davey_Scott_-_SoS_Web_decision_REDACTED.pdf- ./_Official_Sensitive__Leavold_-_Davey_Scott_-_SoS_Web_decision_REDACTED.pdf-Having found all of the allegations proved, the panel went on to consider whether the ./_Official_Sensitive__Leavold_-_Davey_Scott_-_SoS_Web_decision_REDACTED.pdf-facts of those proved allegations amounted to unacceptable professional conduct and/or ./_Official_Sensitive__Leavold_-_Davey_Scott_-_SoS_Web_decision_REDACTED.pdf-conduct that may bring the profession into disrepute. In doing so, the panel had regard to -- ./_Official_Sensitive__Leavold_-_Davey_Scott_-_SoS_Web_decision_REDACTED.pdf-their knowledge of each other was on a pupil-teacher basis. ./_Official_Sensitive__Leavold_-_Davey_Scott_-_SoS_Web_decision_REDACTED.pdf- ./_Official_Sensitive__Leavold_-_Davey_Scott_-_SoS_Web_decision_REDACTED.pdf-Whilst the panel does not consider all relationships between a teacher and former pupil ./_Official_Sensitive__Leavold_-_Davey_Scott_-_SoS_Web_decision_REDACTED.pdf-to be inappropriate, in circumstances when there is such close proximity between the ./_Official_Sensitive__Leavold_-_Davey_Scott_-_SoS_Web_decision_REDACTED.pdf-pupil leaving and the relationship starting, the panel did determine it to be so in this case. ./_Official_Sensitive__Leavold_-_Davey_Scott_-_SoS_Web_decision_REDACTED.pdf-This consideration is of even greater importance, and care required to ensure all conduct ./_Official_Sensitive__Leavold_-_Davey_Scott_-_SoS_Web_decision_REDACTED.pdf-by a teacher is appropriate, when the pupil is considered [REDACTED]. ./_Official_Sensitive__Leavold_-_Davey_Scott_-_SoS_Web_decision_REDACTED.pdf- ./_Official_Sensitive__Leavold_-_Davey_Scott_-_SoS_Web_decision_REDACTED.pdf-The panel also considered whether Mr Leavold-Davey's conduct displayed behaviours ./_Official_Sensitive__Leavold_-_Davey_Scott_-_SoS_Web_decision_REDACTED.pdf-associated with any of the offences listed on pages 10 and 11 of the Advice. The panel ./_Official_Sensitive__Leavold_-_Davey_Scott_-_SoS_Web_decision_REDACTED.pdf:found that the offence of sexual activity to be of relevance. ./_Official_Sensitive__Leavold_-_Davey_Scott_-_SoS_Web_decision_REDACTED.pdf- ./_Official_Sensitive__Leavold_-_Davey_Scott_-_SoS_Web_decision_REDACTED.pdf-The Advice indicates that where behaviours associated with such an offence exist, a ./_Official_Sensitive__Leavold_-_Davey_Scott_-_SoS_Web_decision_REDACTED.pdf-panel is likely to conclude that an individual’s conduct would amount to unacceptable ./_Official_Sensitive__Leavold_-_Davey_Scott_-_SoS_Web_decision_REDACTED.pdf-professional conduct. ./_Official_Sensitive__Leavold_-_Davey_Scott_-_SoS_Web_decision_REDACTED.pdf- ./_Official_Sensitive__Leavold_-_Davey_Scott_-_SoS_Web_decision_REDACTED.pdf-The panel noted that the allegations took place outside the education setting. ./_Official_Sensitive__Leavold_-_Davey_Scott_-_SoS_Web_decision_REDACTED.pdf-Nevertheless, as stated above, the allegations arose from a personal relationship ./_Official_Sensitive__Leavold_-_Davey_Scott_-_SoS_Web_decision_REDACTED.pdf-between a teacher and former pupil, who had left imminently before it commenced, and ./_Official_Sensitive__Leavold_-_Davey_Scott_-_SoS_Web_decision_REDACTED.pdf-Mr Leavold-Davey's conduct is clearly applicable to his role as a teacher. ./_Official_Sensitive__Leavold_-_Davey_Scott_-_SoS_Web_decision_REDACTED.pdf- -- ./_Official_Sensitive__Leavold_-_Davey_Scott_-_SoS_Web_decision_REDACTED.pdf- ./_Official_Sensitive__Leavold_-_Davey_Scott_-_SoS_Web_decision_REDACTED.pdf-  serious departure from the personal and professional conduct elements of the ./_Official_Sensitive__Leavold_-_Davey_Scott_-_SoS_Web_decision_REDACTED.pdf- Teachers’ Standards; ./_Official_Sensitive__Leavold_-_Davey_Scott_-_SoS_Web_decision_REDACTED.pdf- ./_Official_Sensitive__Leavold_-_Davey_Scott_-_SoS_Web_decision_REDACTED.pdf-  misconduct seriously affecting the education and/or well-being of pupils, and ./_Official_Sensitive__Leavold_-_Davey_Scott_-_SoS_Web_decision_REDACTED.pdf- particularly where there is a continuing risk; ./_Official_Sensitive__Leavold_-_Davey_Scott_-_SoS_Web_decision_REDACTED.pdf- ./_Official_Sensitive__Leavold_-_Davey_Scott_-_SoS_Web_decision_REDACTED.pdf-  abuse of position or trust (particularly involving vulnerable pupils) or violation of the ./_Official_Sensitive__Leavold_-_Davey_Scott_-_SoS_Web_decision_REDACTED.pdf- rights of pupils; ./_Official_Sensitive__Leavold_-_Davey_Scott_-_SoS_Web_decision_REDACTED.pdf- ./_Official_Sensitive__Leavold_-_Davey_Scott_-_SoS_Web_decision_REDACTED.pdf:  sexual misconduct. ./_Official_Sensitive__Leavold_-_Davey_Scott_-_SoS_Web_decision_REDACTED.pdf- ./_Official_Sensitive__Leavold_-_Davey_Scott_-_SoS_Web_decision_REDACTED.pdf-Even though some of the behaviour found proved in this case indicated that a prohibition ./_Official_Sensitive__Leavold_-_Davey_Scott_-_SoS_Web_decision_REDACTED.pdf-order is appropriate, the panel went on to consider the mitigating factors that may ./_Official_Sensitive__Leavold_-_Davey_Scott_-_SoS_Web_decision_REDACTED.pdf-indicate that a prohibition order would be not be appropriate or proportionate. ./_Official_Sensitive__Leavold_-_Davey_Scott_-_SoS_Web_decision_REDACTED.pdf- ./_Official_Sensitive__Leavold_-_Davey_Scott_-_SoS_Web_decision_REDACTED.pdf-In the light of the panel’s findings, there was no evidence that Mr Leavold-Davey's ./_Official_Sensitive__Leavold_-_Davey_Scott_-_SoS_Web_decision_REDACTED.pdf-actions were not deliberate or that he was acting under duress. Mr Leavold-Davey did, ./_Official_Sensitive__Leavold_-_Davey_Scott_-_SoS_Web_decision_REDACTED.pdf-however, have a previously good history. ./_Official_Sensitive__Leavold_-_Davey_Scott_-_SoS_Web_decision_REDACTED.pdf- ./_Official_Sensitive__Leavold_-_Davey_Scott_-_SoS_Web_decision_REDACTED.pdf-The panel was assisted, in its deliberations, by two references in support of Mr Leavold- -- ./_Official_Sensitive__Leavold_-_Davey_Scott_-_SoS_Web_decision_REDACTED.pdf-prohibition order should be imposed with immediate effect. ./_Official_Sensitive__Leavold_-_Davey_Scott_-_SoS_Web_decision_REDACTED.pdf- ./_Official_Sensitive__Leavold_-_Davey_Scott_-_SoS_Web_decision_REDACTED.pdf-The panel went on to consider whether or not it would be appropriate to recommend that ./_Official_Sensitive__Leavold_-_Davey_Scott_-_SoS_Web_decision_REDACTED.pdf-a review period of the order should be considered. The panel was mindful that the Advice ./_Official_Sensitive__Leavold_-_Davey_Scott_-_SoS_Web_decision_REDACTED.pdf-states that a prohibition order applies for life, but there may be circumstances, in any ./_Official_Sensitive__Leavold_-_Davey_Scott_-_SoS_Web_decision_REDACTED.pdf-given case, that may make it appropriate to allow a teacher to apply to have the ./_Official_Sensitive__Leavold_-_Davey_Scott_-_SoS_Web_decision_REDACTED.pdf-prohibition order reviewed after a specified period of time that may not be less than two ./_Official_Sensitive__Leavold_-_Davey_Scott_-_SoS_Web_decision_REDACTED.pdf-years. ./_Official_Sensitive__Leavold_-_Davey_Scott_-_SoS_Web_decision_REDACTED.pdf- ./_Official_Sensitive__Leavold_-_Davey_Scott_-_SoS_Web_decision_REDACTED.pdf-The Advice indicates that there are behaviours that, if proved, would militate against the ./_Official_Sensitive__Leavold_-_Davey_Scott_-_SoS_Web_decision_REDACTED.pdf:recommendation of a review period. One of these behaviours includes serious sexual ./_Official_Sensitive__Leavold_-_Davey_Scott_-_SoS_Web_decision_REDACTED.pdf-misconduct, although the panel also did not consider there was any evidence of there ./_Official_Sensitive__Leavold_-_Davey_Scott_-_SoS_Web_decision_REDACTED.pdf-being deliberate exploitation by Mr Leavold-Davey. ./_Official_Sensitive__Leavold_-_Davey_Scott_-_SoS_Web_decision_REDACTED.pdf- ./_Official_Sensitive__Leavold_-_Davey_Scott_-_SoS_Web_decision_REDACTED.pdf- ./_Official_Sensitive__Leavold_-_Davey_Scott_-_SoS_Web_decision_REDACTED.pdf- 11 ./_Official_Sensitive__Leavold_-_Davey_Scott_-_SoS_Web_decision_REDACTED.pdf- -- ./_Official_Sensitive__Leavold_-_Davey_Scott_-_SoS_Web_decision_REDACTED.pdf- practices of the school in which they teach; ./_Official_Sensitive__Leavold_-_Davey_Scott_-_SoS_Web_decision_REDACTED.pdf- ./_Official_Sensitive__Leavold_-_Davey_Scott_-_SoS_Web_decision_REDACTED.pdf-  Teachers must have an understanding of, and always act within, the statutory ./_Official_Sensitive__Leavold_-_Davey_Scott_-_SoS_Web_decision_REDACTED.pdf- frameworks which set out their professional duties and responsibilities. ./_Official_Sensitive__Leavold_-_Davey_Scott_-_SoS_Web_decision_REDACTED.pdf- ./_Official_Sensitive__Leavold_-_Davey_Scott_-_SoS_Web_decision_REDACTED.pdf-The panel finds that the conduct of Mr Leavold-Davey fell significantly short of the ./_Official_Sensitive__Leavold_-_Davey_Scott_-_SoS_Web_decision_REDACTED.pdf-standards expected of the profession. ./_Official_Sensitive__Leavold_-_Davey_Scott_-_SoS_Web_decision_REDACTED.pdf- ./_Official_Sensitive__Leavold_-_Davey_Scott_-_SoS_Web_decision_REDACTED.pdf-The findings of misconduct are particularly serious as they include a finding that Mr ./_Official_Sensitive__Leavold_-_Davey_Scott_-_SoS_Web_decision_REDACTED.pdf-Leavold-Davey engaged in and/or developed an inappropriate relationship with a ./_Official_Sensitive__Leavold_-_Davey_Scott_-_SoS_Web_decision_REDACTED.pdf:[REDACTED] former pupil, which was sexually motivated. ./_Official_Sensitive__Leavold_-_Davey_Scott_-_SoS_Web_decision_REDACTED.pdf- ./_Official_Sensitive__Leavold_-_Davey_Scott_-_SoS_Web_decision_REDACTED.pdf-I have to determine whether the imposition of a prohibition order is proportionate and in ./_Official_Sensitive__Leavold_-_Davey_Scott_-_SoS_Web_decision_REDACTED.pdf-the public interest. In considering that for this case, I have considered the overall aim of a ./_Official_Sensitive__Leavold_-_Davey_Scott_-_SoS_Web_decision_REDACTED.pdf-prohibition order which is to protect pupils and to maintain public confidence in the ./_Official_Sensitive__Leavold_-_Davey_Scott_-_SoS_Web_decision_REDACTED.pdf-profession. I have considered the extent to which a prohibition order in this case would ./_Official_Sensitive__Leavold_-_Davey_Scott_-_SoS_Web_decision_REDACTED.pdf-achieve that aim, taking into account the impact that it will have on the individual teacher. ./_Official_Sensitive__Leavold_-_Davey_Scott_-_SoS_Web_decision_REDACTED.pdf-I have also asked myself, whether a less intrusive measure, such as the published ./_Official_Sensitive__Leavold_-_Davey_Scott_-_SoS_Web_decision_REDACTED.pdf-finding of unacceptable professional conduct and conduct that may bring the profession ./_Official_Sensitive__Leavold_-_Davey_Scott_-_SoS_Web_decision_REDACTED.pdf-into disrepute, would itself be sufficient to achieve the overall aim. I have to consider ./_Official_Sensitive__Leavold_-_Davey_Scott_-_SoS_Web_decision_REDACTED.pdf-whether the consequences of such a publication are themselves sufficient. I have ./_OFFICIAL_SENSITIVE__Long_Joseph_SoS_decision.pdf-The panel considered the allegations set out in the notice of meeting dated 4 January ./_OFFICIAL_SENSITIVE__Long_Joseph_SoS_decision.pdf-2023. ./_OFFICIAL_SENSITIVE__Long_Joseph_SoS_decision.pdf- ./_OFFICIAL_SENSITIVE__Long_Joseph_SoS_decision.pdf-It was alleged that Mr Long had been convicted, at any time, of a relevant offence in that ./_OFFICIAL_SENSITIVE__Long_Joseph_SoS_decision.pdf-on 21 April 2021, he was convicted at North Yorkshire Magistrates' Court of: ./_OFFICIAL_SENSITIVE__Long_Joseph_SoS_decision.pdf- ./_OFFICIAL_SENSITIVE__Long_Joseph_SoS_decision.pdf- 1. Two counts of making indecent photograph or pseudo-photograph of children on ./_OFFICIAL_SENSITIVE__Long_Joseph_SoS_decision.pdf- or between 19 April 2016 – 22 November 2019, contrary to s.1(a) of the Protection ./_OFFICIAL_SENSITIVE__Long_Joseph_SoS_decision.pdf- of Children Act 1978; and ./_OFFICIAL_SENSITIVE__Long_Joseph_SoS_decision.pdf- ./_OFFICIAL_SENSITIVE__Long_Joseph_SoS_decision.pdf: 2. One count of possession of extreme pornographic images, namely of ./_OFFICIAL_SENSITIVE__Long_Joseph_SoS_decision.pdf: intercourse/oral sex with dead/alive animal contrary to s.63(7)(d) and 67(3) of the ./_OFFICIAL_SENSITIVE__Long_Joseph_SoS_decision.pdf- Criminal Justice and Immigration Act 2008. ./_OFFICIAL_SENSITIVE__Long_Joseph_SoS_decision.pdf- ./_OFFICIAL_SENSITIVE__Long_Joseph_SoS_decision.pdf- ./_OFFICIAL_SENSITIVE__Long_Joseph_SoS_decision.pdf-Preliminary applications ./_OFFICIAL_SENSITIVE__Long_Joseph_SoS_decision.pdf-There were no preliminary applications. ./_OFFICIAL_SENSITIVE__Long_Joseph_SoS_decision.pdf- ./_OFFICIAL_SENSITIVE__Long_Joseph_SoS_decision.pdf- ./_OFFICIAL_SENSITIVE__Long_Joseph_SoS_decision.pdf-Summary of evidence ./_OFFICIAL_SENSITIVE__Long_Joseph_SoS_decision.pdf-Documents ./_OFFICIAL_SENSITIVE__Long_Joseph_SoS_decision.pdf- -- ./_OFFICIAL_SENSITIVE__Long_Joseph_SoS_decision.pdf-possession of indecent images of children. He was arrested as an email address ./_OFFICIAL_SENSITIVE__Long_Joseph_SoS_decision.pdf-associated to him had uploaded a ‘Category C’ image of a young girl aged approximately ./_OFFICIAL_SENSITIVE__Long_Joseph_SoS_decision.pdf-11 to 14 years old. ./_OFFICIAL_SENSITIVE__Long_Joseph_SoS_decision.pdf- ./_OFFICIAL_SENSITIVE__Long_Joseph_SoS_decision.pdf-Mr Long's home was searched, and various electronic devices were seized by the police. ./_OFFICIAL_SENSITIVE__Long_Joseph_SoS_decision.pdf-He was released on conditional bail awaiting the examination of his devices. On 10 ./_OFFICIAL_SENSITIVE__Long_Joseph_SoS_decision.pdf-December 2019, the police made a referral to the TRA regarding the arrest. ./_OFFICIAL_SENSITIVE__Long_Joseph_SoS_decision.pdf- ./_OFFICIAL_SENSITIVE__Long_Joseph_SoS_decision.pdf-Mr Long was subsequently charged with two offences of making indecent images (with ./_OFFICIAL_SENSITIVE__Long_Joseph_SoS_decision.pdf-one image at Category A and six images at Category C) and possession of an extreme ./_OFFICIAL_SENSITIVE__Long_Joseph_SoS_decision.pdf:pornographic image (namely a person performing an act of intercourse with a dog). ./_OFFICIAL_SENSITIVE__Long_Joseph_SoS_decision.pdf- ./_OFFICIAL_SENSITIVE__Long_Joseph_SoS_decision.pdf-Mr Long appeared before North Yorkshire Magistrates' Court on 21 April 2021 and ./_OFFICIAL_SENSITIVE__Long_Joseph_SoS_decision.pdf-entered guilty pleas to the three charges. On 17 May 2021, Mr Long was sentenced to a ./_OFFICIAL_SENSITIVE__Long_Joseph_SoS_decision.pdf-two-year community order, including requirements to undertake an accredited sexual ./_OFFICIAL_SENSITIVE__Long_Joseph_SoS_decision.pdf-offending programme, up to 30 days of a 'rehabilitation activity requirement' and 180 ./_OFFICIAL_SENSITIVE__Long_Joseph_SoS_decision.pdf-hours unpaid work. Mr Long was also subject to the sex offender’s register requirements ./_OFFICIAL_SENSITIVE__Long_Joseph_SoS_decision.pdf-for a period of five years and a sexual harm prevention order for five years. ./_OFFICIAL_SENSITIVE__Long_Joseph_SoS_decision.pdf- ./_OFFICIAL_SENSITIVE__Long_Joseph_SoS_decision.pdf-Findings of fact ./_OFFICIAL_SENSITIVE__Long_Joseph_SoS_decision.pdf- -- ./_OFFICIAL_SENSITIVE__Long_Joseph_SoS_decision.pdf- ./_OFFICIAL_SENSITIVE__Long_Joseph_SoS_decision.pdf-The panel found the following particulars of the allegations against you proved, for these ./_OFFICIAL_SENSITIVE__Long_Joseph_SoS_decision.pdf-reasons: ./_OFFICIAL_SENSITIVE__Long_Joseph_SoS_decision.pdf- ./_OFFICIAL_SENSITIVE__Long_Joseph_SoS_decision.pdf-On 21 April 2021, you were convicted at North Yorkshire Magistrates' Court of: ./_OFFICIAL_SENSITIVE__Long_Joseph_SoS_decision.pdf- ./_OFFICIAL_SENSITIVE__Long_Joseph_SoS_decision.pdf- 1. Two counts of making indecent photograph or pseudo-photograph of ./_OFFICIAL_SENSITIVE__Long_Joseph_SoS_decision.pdf- children on or between 19 April 2016 – 22 November 2019, contrary to s.1(a) ./_OFFICIAL_SENSITIVE__Long_Joseph_SoS_decision.pdf- of the Protection of Children Act 1978; and ./_OFFICIAL_SENSITIVE__Long_Joseph_SoS_decision.pdf- ./_OFFICIAL_SENSITIVE__Long_Joseph_SoS_decision.pdf: 2. One count of possession of extreme pornographic images, namely of ./_OFFICIAL_SENSITIVE__Long_Joseph_SoS_decision.pdf: intercourse/oral sex with dead/alive animal contrary to s.63(7)(d) and 67(3) of ./_OFFICIAL_SENSITIVE__Long_Joseph_SoS_decision.pdf- the Criminal Justice and Immigration Act 2008. ./_OFFICIAL_SENSITIVE__Long_Joseph_SoS_decision.pdf- ./_OFFICIAL_SENSITIVE__Long_Joseph_SoS_decision.pdf- ./_OFFICIAL_SENSITIVE__Long_Joseph_SoS_decision.pdf- ./_OFFICIAL_SENSITIVE__Long_Joseph_SoS_decision.pdf- 5 ./_OFFICIAL_SENSITIVE__Long_Joseph_SoS_decision.pdf- -- ./_OFFICIAL_SENSITIVE__Long_Joseph_SoS_decision.pdf- ./_OFFICIAL_SENSITIVE__Long_Joseph_SoS_decision.pdf- o having regard for the need to safeguard pupils’ well-being, in accordance ./_OFFICIAL_SENSITIVE__Long_Joseph_SoS_decision.pdf- with statutory provisions ./_OFFICIAL_SENSITIVE__Long_Joseph_SoS_decision.pdf- ./_OFFICIAL_SENSITIVE__Long_Joseph_SoS_decision.pdf-  Teachers must have an understanding of, and always act within, the statutory ./_OFFICIAL_SENSITIVE__Long_Joseph_SoS_decision.pdf- frameworks which set out their professional duties and responsibilities. ./_OFFICIAL_SENSITIVE__Long_Joseph_SoS_decision.pdf- ./_OFFICIAL_SENSITIVE__Long_Joseph_SoS_decision.pdf-The panel noted that the individual’s actions were relevant to ‘teaching, working with ./_OFFICIAL_SENSITIVE__Long_Joseph_SoS_decision.pdf-children and/or working in an education setting’ and that the behaviour involved in ./_OFFICIAL_SENSITIVE__Long_Joseph_SoS_decision.pdf-committing the offence could have had an impact on the safety or security of pupils ./_OFFICIAL_SENSITIVE__Long_Joseph_SoS_decision.pdf:and/or members of the public. Some of these offences involved sexualised images of ./_OFFICIAL_SENSITIVE__Long_Joseph_SoS_decision.pdf-children and all members of the profession hold a position of trust with pupils. The risk to ./_OFFICIAL_SENSITIVE__Long_Joseph_SoS_decision.pdf-those pupils had to be considered in this case. ./_OFFICIAL_SENSITIVE__Long_Joseph_SoS_decision.pdf- ./_OFFICIAL_SENSITIVE__Long_Joseph_SoS_decision.pdf-The panel also took account of the way the teaching profession is viewed by others. The ./_OFFICIAL_SENSITIVE__Long_Joseph_SoS_decision.pdf-panel considered that Mr Long’s behaviour in committing the offence could affect public ./_OFFICIAL_SENSITIVE__Long_Joseph_SoS_decision.pdf-confidence in the teaching profession, given the influence that teachers may have on ./_OFFICIAL_SENSITIVE__Long_Joseph_SoS_decision.pdf-pupils, parents and others in the community. ./_OFFICIAL_SENSITIVE__Long_Joseph_SoS_decision.pdf- ./_OFFICIAL_SENSITIVE__Long_Joseph_SoS_decision.pdf-This was a case involving an offence of “any activity involving viewing, taking, making, ./_OFFICIAL_SENSITIVE__Long_Joseph_SoS_decision.pdf-possessing, distributing or publishing any indecent photograph or image or pseudo -- ./_OFFICIAL_SENSITIVE__Long_Joseph_SoS_decision.pdf-The panel noted that Mr Long’s conviction did not lead to a sentence of imprisonment. ./_OFFICIAL_SENSITIVE__Long_Joseph_SoS_decision.pdf-The panel did not consider this factor as reducing the relevance of the conviction, for the ./_OFFICIAL_SENSITIVE__Long_Joseph_SoS_decision.pdf-reasons set out above in regards to the indecent images of children. In regard to the ./_OFFICIAL_SENSITIVE__Long_Joseph_SoS_decision.pdf:extreme pornography, the panel considered the wider public confidence of the profession ./_OFFICIAL_SENSITIVE__Long_Joseph_SoS_decision.pdf-factor should be given more weight than the fact that Mr Long did not receive a prison ./_OFFICIAL_SENSITIVE__Long_Joseph_SoS_decision.pdf-sentence in considering the relevance of the conviction. ./_OFFICIAL_SENSITIVE__Long_Joseph_SoS_decision.pdf- ./_OFFICIAL_SENSITIVE__Long_Joseph_SoS_decision.pdf-In balancing these factors, the panel found that the seriousness of the offending ./_OFFICIAL_SENSITIVE__Long_Joseph_SoS_decision.pdf-behaviour that led to the conviction was relevant to Mr Long’s ongoing suitability to teach. ./_OFFICIAL_SENSITIVE__Long_Joseph_SoS_decision.pdf-The panel considered that a finding that this conviction was for a relevant offence was ./_OFFICIAL_SENSITIVE__Long_Joseph_SoS_decision.pdf-necessary to reaffirm clear standards of conduct so as to maintain public confidence in ./_OFFICIAL_SENSITIVE__Long_Joseph_SoS_decision.pdf-the teaching profession. ./_OFFICIAL_SENSITIVE__Long_Joseph_SoS_decision.pdf- ./_OFFICIAL_SENSITIVE__Long_Joseph_SoS_decision.pdf- -- ./_OFFICIAL_SENSITIVE__Long_Joseph_SoS_decision.pdf- ./_OFFICIAL_SENSITIVE__Long_Joseph_SoS_decision.pdf-  the safeguarding and wellbeing pupils and the protection of other members of the ./_OFFICIAL_SENSITIVE__Long_Joseph_SoS_decision.pdf- public; ./_OFFICIAL_SENSITIVE__Long_Joseph_SoS_decision.pdf- ./_OFFICIAL_SENSITIVE__Long_Joseph_SoS_decision.pdf-  the maintenance of public confidence in the profession; ./_OFFICIAL_SENSITIVE__Long_Joseph_SoS_decision.pdf- ./_OFFICIAL_SENSITIVE__Long_Joseph_SoS_decision.pdf-  declaring and upholding proper standards of conduct; ./_OFFICIAL_SENSITIVE__Long_Joseph_SoS_decision.pdf- ./_OFFICIAL_SENSITIVE__Long_Joseph_SoS_decision.pdf-In the light of the panel’s findings against Mr Long, there was a strong public interest ./_OFFICIAL_SENSITIVE__Long_Joseph_SoS_decision.pdf-consideration in respect of the protection of pupils and the public given the risk of harm ./_OFFICIAL_SENSITIVE__Long_Joseph_SoS_decision.pdf:children could be exposed to by those involved in downloading sexual images of children. ./_OFFICIAL_SENSITIVE__Long_Joseph_SoS_decision.pdf- ./_OFFICIAL_SENSITIVE__Long_Joseph_SoS_decision.pdf-Similarly, the panel considered that public confidence in the profession could be seriously ./_OFFICIAL_SENSITIVE__Long_Joseph_SoS_decision.pdf-weakened if conduct such as that found against Mr Long were not treated with the utmost ./_OFFICIAL_SENSITIVE__Long_Joseph_SoS_decision.pdf-seriousness when regulating the conduct of the profession. ./_OFFICIAL_SENSITIVE__Long_Joseph_SoS_decision.pdf- ./_OFFICIAL_SENSITIVE__Long_Joseph_SoS_decision.pdf- ./_OFFICIAL_SENSITIVE__Long_Joseph_SoS_decision.pdf- ./_OFFICIAL_SENSITIVE__Long_Joseph_SoS_decision.pdf- ./_OFFICIAL_SENSITIVE__Long_Joseph_SoS_decision.pdf- 7 ./_OFFICIAL_SENSITIVE__Long_Joseph_SoS_decision.pdf- -- ./_OFFICIAL_SENSITIVE__Long_Joseph_SoS_decision.pdf-submission that other state agencies had made various restrictive orders against him and ./_OFFICIAL_SENSITIVE__Long_Joseph_SoS_decision.pdf-it would therefore be unnecessary. Whilst the panel accepted these other orders would ./_OFFICIAL_SENSITIVE__Long_Joseph_SoS_decision.pdf-likely serve the public interest in protecting the public and pupils from Mr Long’s actions, ./_OFFICIAL_SENSITIVE__Long_Joseph_SoS_decision.pdf-the TRA had to further consider the wider public interest in the maintenance of public ./_OFFICIAL_SENSITIVE__Long_Joseph_SoS_decision.pdf-confidence in the profession and declaring and upholding proper standards of conduct, ./_OFFICIAL_SENSITIVE__Long_Joseph_SoS_decision.pdf-which those other agencies did not consider. Therefore, the panel did not accept Mr ./_OFFICIAL_SENSITIVE__Long_Joseph_SoS_decision.pdf-Long's submission that a prohibition order would not be necessary. ./_OFFICIAL_SENSITIVE__Long_Joseph_SoS_decision.pdf- ./_OFFICIAL_SENSITIVE__Long_Joseph_SoS_decision.pdf-The panel was of the view that prohibition was both proportionate and appropriate. The ./_OFFICIAL_SENSITIVE__Long_Joseph_SoS_decision.pdf-panel decided that the public interest considerations outweighed the interests of Mr Long. ./_OFFICIAL_SENSITIVE__Long_Joseph_SoS_decision.pdf:The inherent incompatibility between committing sexual offences involving children and ./_OFFICIAL_SENSITIVE__Long_Joseph_SoS_decision.pdf-the continuation of being a trusted member of society charged with safeguarding children ./_OFFICIAL_SENSITIVE__Long_Joseph_SoS_decision.pdf-was an important factor in that decision. Accordingly, the panel made a recommendation ./_OFFICIAL_SENSITIVE__Long_Joseph_SoS_decision.pdf-to the Secretary of State that a prohibition order should be imposed with immediate ./_OFFICIAL_SENSITIVE__Long_Joseph_SoS_decision.pdf-effect. ./_OFFICIAL_SENSITIVE__Long_Joseph_SoS_decision.pdf- ./_OFFICIAL_SENSITIVE__Long_Joseph_SoS_decision.pdf-The panel went on to consider whether or not it would be appropriate to recommend that ./_OFFICIAL_SENSITIVE__Long_Joseph_SoS_decision.pdf-a review period of the order should be considered. The panel was mindful that the Advice ./_OFFICIAL_SENSITIVE__Long_Joseph_SoS_decision.pdf-states that a prohibition order applies for life, but there may be circumstances, in any ./_OFFICIAL_SENSITIVE__Long_Joseph_SoS_decision.pdf-given case, that may make it appropriate to allow a teacher to apply to have the ./_OFFICIAL_SENSITIVE__Long_Joseph_SoS_decision.pdf-prohibition order reviewed after a specified period of time that may not be less than 2 -- ./_OFFICIAL_SENSITIVE__Long_Joseph_SoS_decision.pdf-  Teachers must have an understanding of, and always act within, the statutory ./_OFFICIAL_SENSITIVE__Long_Joseph_SoS_decision.pdf- frameworks which set out their professional duties and responsibilities. ./_OFFICIAL_SENSITIVE__Long_Joseph_SoS_decision.pdf- ./_OFFICIAL_SENSITIVE__Long_Joseph_SoS_decision.pdf-The conduct of Mr Long, involved breaches of the responsibilities and duties set out in ./_OFFICIAL_SENSITIVE__Long_Joseph_SoS_decision.pdf-statutory guidance Keeping children safe in education (KCSIE). ./_OFFICIAL_SENSITIVE__Long_Joseph_SoS_decision.pdf- ./_OFFICIAL_SENSITIVE__Long_Joseph_SoS_decision.pdf-The panel finds that the conduct of Mr Joseph Long fell significantly short of the ./_OFFICIAL_SENSITIVE__Long_Joseph_SoS_decision.pdf-standards expected of the profession. ./_OFFICIAL_SENSITIVE__Long_Joseph_SoS_decision.pdf- ./_OFFICIAL_SENSITIVE__Long_Joseph_SoS_decision.pdf-The findings of misconduct are particularly serious as they include making indecent ./_OFFICIAL_SENSITIVE__Long_Joseph_SoS_decision.pdf:photograph or pseudo-photograph of children and possession of extreme pornographic ./_OFFICIAL_SENSITIVE__Long_Joseph_SoS_decision.pdf-images. ./_OFFICIAL_SENSITIVE__Long_Joseph_SoS_decision.pdf- ./_OFFICIAL_SENSITIVE__Long_Joseph_SoS_decision.pdf-I have to determine whether the imposition of a prohibition order is proportionate and in ./_OFFICIAL_SENSITIVE__Long_Joseph_SoS_decision.pdf-the public interest. In considering that for this case, I have considered the overall aim of a ./_OFFICIAL_SENSITIVE__Long_Joseph_SoS_decision.pdf-prohibition order which is to protect pupils and to maintain public confidence in the ./_OFFICIAL_SENSITIVE__Long_Joseph_SoS_decision.pdf-profession. I have considered the extent to which a prohibition order in this case would ./_OFFICIAL_SENSITIVE__Long_Joseph_SoS_decision.pdf-achieve that aim taking into account the impact that it will have on the individual teacher. ./_OFFICIAL_SENSITIVE__Long_Joseph_SoS_decision.pdf- ./_OFFICIAL_SENSITIVE__Long_Joseph_SoS_decision.pdf- 10 ./_OFFICIAL_SENSITIVE__Long_Joseph_SoS_decision.pdf- -- ./_OFFICIAL_SENSITIVE__Long_Joseph_SoS_decision.pdf-I have also asked myself, whether a less intrusive measure, such as the published ./_OFFICIAL_SENSITIVE__Long_Joseph_SoS_decision.pdf-finding of a relevant conviction, would itself be sufficient to achieve the overall aim. I have ./_OFFICIAL_SENSITIVE__Long_Joseph_SoS_decision.pdf-to consider whether the consequences of such a publication are themselves sufficient. I ./_OFFICIAL_SENSITIVE__Long_Joseph_SoS_decision.pdf-have considered therefore whether or not prohibiting Mr Long, and the impact that will ./_OFFICIAL_SENSITIVE__Long_Joseph_SoS_decision.pdf-have on the teacher, is proportionate and in the public interest. ./_OFFICIAL_SENSITIVE__Long_Joseph_SoS_decision.pdf- ./_OFFICIAL_SENSITIVE__Long_Joseph_SoS_decision.pdf-In this case, I have considered the extent to which a prohibition order would protect ./_OFFICIAL_SENSITIVE__Long_Joseph_SoS_decision.pdf-children and safeguard pupils. The panel has observed, “In the light of the panel’s ./_OFFICIAL_SENSITIVE__Long_Joseph_SoS_decision.pdf-findings against Mr Long, there was a strong public interest consideration in respect of ./_OFFICIAL_SENSITIVE__Long_Joseph_SoS_decision.pdf-the protection of pupils and the public given the risk of harm children could be exposed to ./_OFFICIAL_SENSITIVE__Long_Joseph_SoS_decision.pdf:by those involved in downloading sexual images of children.” A prohibition order would ./_OFFICIAL_SENSITIVE__Long_Joseph_SoS_decision.pdf-therefore prevent such a risk from being present in the future. ./_OFFICIAL_SENSITIVE__Long_Joseph_SoS_decision.pdf- ./_OFFICIAL_SENSITIVE__Long_Joseph_SoS_decision.pdf-I have also taken into account the panel’s comments on insight and remorse, which the ./_OFFICIAL_SENSITIVE__Long_Joseph_SoS_decision.pdf-panel sets out as follows, “The panel recognised that Mr Long entered a guilty plea to the ./_OFFICIAL_SENSITIVE__Long_Joseph_SoS_decision.pdf-charges at the first opportunity in this case.” The panel has also commented that Mr ./_OFFICIAL_SENSITIVE__Long_Joseph_SoS_decision.pdf-Long’s admission of the allegation was unequivocal. ./_OFFICIAL_SENSITIVE__Long_Joseph_SoS_decision.pdf- ./_OFFICIAL_SENSITIVE__Long_Joseph_SoS_decision.pdf-I have gone on to consider the extent to which a prohibition order would maintain public ./_OFFICIAL_SENSITIVE__Long_Joseph_SoS_decision.pdf-confidence in the profession. The panel observe, “The panel also took account of the way ./_OFFICIAL_SENSITIVE__Long_Joseph_SoS_decision.pdf-the teaching profession is viewed by others. The panel considered that Mr Long’s ./_OFFICIAL_SENSITIVE__Long_Joseph_SoS_decision.pdf-behaviour in committing the offence could affect public confidence in the teaching ./_OFFICIAL_SENSITIVE__Long_Joseph_SoS_decision.pdf-profession, given the influence that teachers may have on pupils, parents and others in ./_OFFICIAL_SENSITIVE__Long_Joseph_SoS_decision.pdf:the community.” I am particularly mindful of the finding of possession of sexual images of ./_OFFICIAL_SENSITIVE__Long_Joseph_SoS_decision.pdf-children in this case and the impact that such a finding has on the reputation of the ./_OFFICIAL_SENSITIVE__Long_Joseph_SoS_decision.pdf-profession. ./_OFFICIAL_SENSITIVE__Long_Joseph_SoS_decision.pdf- ./_OFFICIAL_SENSITIVE__Long_Joseph_SoS_decision.pdf-I have had to consider that the public has a high expectation of professional standards of ./_OFFICIAL_SENSITIVE__Long_Joseph_SoS_decision.pdf-all teachers and that the public might regard a failure to impose a prohibition order as a ./_OFFICIAL_SENSITIVE__Long_Joseph_SoS_decision.pdf-failure to uphold those high standards. In weighing these considerations, I have had to ./_OFFICIAL_SENSITIVE__Long_Joseph_SoS_decision.pdf-consider the matter from the point of view of an “ordinary intelligent and well-informed ./_OFFICIAL_SENSITIVE__Long_Joseph_SoS_decision.pdf-citizen.” ./_OFFICIAL_SENSITIVE__Long_Joseph_SoS_decision.pdf- ./_OFFICIAL_SENSITIVE__Long_Joseph_SoS_decision.pdf-I have considered whether the publication of a relevant conviction, in the absence of a -- ./_OFFICIAL_SENSITIVE__Long_Joseph_SoS_decision.pdf-Long's submission that a prohibition order would not be necessary.” ./_OFFICIAL_SENSITIVE__Long_Joseph_SoS_decision.pdf- ./_OFFICIAL_SENSITIVE__Long_Joseph_SoS_decision.pdf-Although I have not seen reference to Mr Long’s teaching career and contribution to the ./_OFFICIAL_SENSITIVE__Long_Joseph_SoS_decision.pdf-profession, I have however considered that a prohibition order would prevent Mr Long ./_OFFICIAL_SENSITIVE__Long_Joseph_SoS_decision.pdf-from teaching. A prohibition order would also clearly deprive the public of his contribution ./_OFFICIAL_SENSITIVE__Long_Joseph_SoS_decision.pdf-to the profession for the period that it is in force. ./_OFFICIAL_SENSITIVE__Long_Joseph_SoS_decision.pdf- ./_OFFICIAL_SENSITIVE__Long_Joseph_SoS_decision.pdf-I have also placed considerable weight on the finding “The panel noted that Mr Long’s ./_OFFICIAL_SENSITIVE__Long_Joseph_SoS_decision.pdf-conviction did not lead to a sentence of imprisonment. The panel did not consider this ./_OFFICIAL_SENSITIVE__Long_Joseph_SoS_decision.pdf-factor as reducing the relevance of the conviction, for the reasons set out above in ./_OFFICIAL_SENSITIVE__Long_Joseph_SoS_decision.pdf:regards to the indecent images of children. In regard to the extreme pornography, the ./_OFFICIAL_SENSITIVE__Long_Joseph_SoS_decision.pdf-panel considered the wider public confidence of the profession factor should be given ./_OFFICIAL_SENSITIVE__Long_Joseph_SoS_decision.pdf-more weight than the fact that Mr Long did not receive a prison sentence in considering ./_OFFICIAL_SENSITIVE__Long_Joseph_SoS_decision.pdf-the relevance of the conviction.” ./_OFFICIAL_SENSITIVE__Long_Joseph_SoS_decision.pdf- ./_OFFICIAL_SENSITIVE__Long_Joseph_SoS_decision.pdf-I have given less weight in my consideration of sanction therefore, to the contribution that ./_OFFICIAL_SENSITIVE__Long_Joseph_SoS_decision.pdf-Mr Long has made to the profession. In my view, it is necessary to impose a prohibition ./_OFFICIAL_SENSITIVE__Long_Joseph_SoS_decision.pdf-order in order to maintain public confidence in the profession. A published decision, in ./_OFFICIAL_SENSITIVE__Long_Joseph_SoS_decision.pdf-light of the serious circumstances in this case does not in my view satisfy the public ./_OFFICIAL_SENSITIVE__Long_Joseph_SoS_decision.pdf-interest requirement concerning public confidence in the profession. ./_OFFICIAL_SENSITIVE__Long_Joseph_SoS_decision.pdf- -- ./_OFFICIAL_SENSITIVE__Long_Joseph_SoS_decision.pdf-In this case, factors mean that allowing a review period is not sufficient to achieve the ./_OFFICIAL_SENSITIVE__Long_Joseph_SoS_decision.pdf-aim of maintaining public confidence in the profession. These elements are the ./_OFFICIAL_SENSITIVE__Long_Joseph_SoS_decision.pdf:seriousness of the findings involving sexualised images of children and the risk to pupils ./_OFFICIAL_SENSITIVE__Long_Joseph_SoS_decision.pdf-and children. ./_OFFICIAL_SENSITIVE__Long_Joseph_SoS_decision.pdf- ./_OFFICIAL_SENSITIVE__Long_Joseph_SoS_decision.pdf-I consider therefore that allowing for no review period is necessary to maintain public ./_OFFICIAL_SENSITIVE__Long_Joseph_SoS_decision.pdf-confidence and is proportionate and in the public interest. ./_OFFICIAL_SENSITIVE__Long_Joseph_SoS_decision.pdf- ./_OFFICIAL_SENSITIVE__Long_Joseph_SoS_decision.pdf-This means that Mr Joseph Long is prohibited from teaching indefinitely and ./_OFFICIAL_SENSITIVE__Long_Joseph_SoS_decision.pdf-cannot teach in any school, sixth form college, relevant youth accommodation or ./_OFFICIAL_SENSITIVE__Long_Joseph_SoS_decision.pdf-children’s home in England. Furthermore, in view of the seriousness of the allegations ./_OFFICIAL_SENSITIVE__Long_Joseph_SoS_decision.pdf-found proved against him, I have decided that Mr Joseph Long shall not be entitled to ./_OFFICIAL_SENSITIVE__Long_Joseph_SoS_decision.pdf-apply for restoration of his eligibility to teach. ./_OFFICIAL_SENSITIVE__Marsh_Gavin_SoS_Decision.pdf-Allegations ./_OFFICIAL_SENSITIVE__Marsh_Gavin_SoS_Decision.pdf-The panel considered the allegations set out in the Notice of Hearing dated 26 January ./_OFFICIAL_SENSITIVE__Marsh_Gavin_SoS_Decision.pdf-2023. ./_OFFICIAL_SENSITIVE__Marsh_Gavin_SoS_Decision.pdf- ./_OFFICIAL_SENSITIVE__Marsh_Gavin_SoS_Decision.pdf-It was alleged that Mr Gavin Marsh was guilty of unacceptable professional conduct ./_OFFICIAL_SENSITIVE__Marsh_Gavin_SoS_Decision.pdf-and/or conduct that may bring the profession into disrepute, in that: ./_OFFICIAL_SENSITIVE__Marsh_Gavin_SoS_Decision.pdf- ./_OFFICIAL_SENSITIVE__Marsh_Gavin_SoS_Decision.pdf- 1. On or before 5 November 2020, he was in possession of explicit sexual image(s) ./_OFFICIAL_SENSITIVE__Marsh_Gavin_SoS_Decision.pdf- involving animal(s); ./_OFFICIAL_SENSITIVE__Marsh_Gavin_SoS_Decision.pdf: 2. On 3 December 2021, he was found guilty of possession of extreme pornographic ./_OFFICIAL_SENSITIVE__Marsh_Gavin_SoS_Decision.pdf: images of intercourse/oral sex with dead/alive animal contrary to Section 63(1), ./_OFFICIAL_SENSITIVE__Marsh_Gavin_SoS_Decision.pdf- (7)(d) the Criminal Justice and Immigration Act 2008, therefore in relation to his ./_OFFICIAL_SENSITIVE__Marsh_Gavin_SoS_Decision.pdf- conduct at allegation 1, was conditionally discharged for 24 months. ./_OFFICIAL_SENSITIVE__Marsh_Gavin_SoS_Decision.pdf-In the absence of a response from Mr Marsh, the allegations were not admitted. ./_OFFICIAL_SENSITIVE__Marsh_Gavin_SoS_Decision.pdf- ./_OFFICIAL_SENSITIVE__Marsh_Gavin_SoS_Decision.pdf- ./_OFFICIAL_SENSITIVE__Marsh_Gavin_SoS_Decision.pdf-Preliminary applications ./_OFFICIAL_SENSITIVE__Marsh_Gavin_SoS_Decision.pdf-As the referral to the TRA in this case was made after 19 May 2020, the Teacher ./_OFFICIAL_SENSITIVE__Marsh_Gavin_SoS_Decision.pdf-Misconduct – Disciplinary Procedures for the Teaching Profession (“the Procedures”) ./_OFFICIAL_SENSITIVE__Marsh_Gavin_SoS_Decision.pdf-dated May 2020 were followed. ./_OFFICIAL_SENSITIVE__Marsh_Gavin_SoS_Decision.pdf- -- ./_OFFICIAL_SENSITIVE__Marsh_Gavin_SoS_Decision.pdf-Decision and reasons ./_OFFICIAL_SENSITIVE__Marsh_Gavin_SoS_Decision.pdf-The panel announced its decision and reasons as follows: ./_OFFICIAL_SENSITIVE__Marsh_Gavin_SoS_Decision.pdf- ./_OFFICIAL_SENSITIVE__Marsh_Gavin_SoS_Decision.pdf-The panel carefully considered the case before it and reached a decision. ./_OFFICIAL_SENSITIVE__Marsh_Gavin_SoS_Decision.pdf- ./_OFFICIAL_SENSITIVE__Marsh_Gavin_SoS_Decision.pdf-Mr Gavin Marsh had been employed with the Kemnal Academies Trust (“the Trust”) at ./_OFFICIAL_SENSITIVE__Marsh_Gavin_SoS_Decision.pdf-Salmestone Primary School (“the School”) as a class teacher since 1 September 2014. ./_OFFICIAL_SENSITIVE__Marsh_Gavin_SoS_Decision.pdf-On 9 February 2021, the police contacted the School and informed it that Mr Marsh had ./_OFFICIAL_SENSITIVE__Marsh_Gavin_SoS_Decision.pdf-been arrested. On 21 October 2021, the police informed the School that Mr Marsh had ./_OFFICIAL_SENSITIVE__Marsh_Gavin_SoS_Decision.pdf-been charged with possession of extreme images. On 3 December 2021, Mr Marsh was ./_OFFICIAL_SENSITIVE__Marsh_Gavin_SoS_Decision.pdf:convicted of possessing extreme pornographic images of intercourse/oral sex with ./_OFFICIAL_SENSITIVE__Marsh_Gavin_SoS_Decision.pdf-dead/alive animals on 5 November 2020, contrary to sections 63(1) and (7)(d) of the ./_OFFICIAL_SENSITIVE__Marsh_Gavin_SoS_Decision.pdf-Criminal Justice and Immigration Act 2008. ./_OFFICIAL_SENSITIVE__Marsh_Gavin_SoS_Decision.pdf- ./_OFFICIAL_SENSITIVE__Marsh_Gavin_SoS_Decision.pdf-Findings of fact ./_OFFICIAL_SENSITIVE__Marsh_Gavin_SoS_Decision.pdf- ./_OFFICIAL_SENSITIVE__Marsh_Gavin_SoS_Decision.pdf-The findings of fact are as follows: ./_OFFICIAL_SENSITIVE__Marsh_Gavin_SoS_Decision.pdf- ./_OFFICIAL_SENSITIVE__Marsh_Gavin_SoS_Decision.pdf-The panel found the following particulars of the allegations against you proved, for these ./_OFFICIAL_SENSITIVE__Marsh_Gavin_SoS_Decision.pdf-reasons: ./_OFFICIAL_SENSITIVE__Marsh_Gavin_SoS_Decision.pdf- ./_OFFICIAL_SENSITIVE__Marsh_Gavin_SoS_Decision.pdf- 1. On or before 5 November 2020, you were in possession of explicit sexual ./_OFFICIAL_SENSITIVE__Marsh_Gavin_SoS_Decision.pdf- image(s) involving animal(s); ./_OFFICIAL_SENSITIVE__Marsh_Gavin_SoS_Decision.pdf- ./_OFFICIAL_SENSITIVE__Marsh_Gavin_SoS_Decision.pdf-The panel had sight of a certified memorandum of conviction, printed on 1 November ./_OFFICIAL_SENSITIVE__Marsh_Gavin_SoS_Decision.pdf:2022. This related to, on or before 5 November 2020, possessing extreme pornographic ./_OFFICIAL_SENSITIVE__Marsh_Gavin_SoS_Decision.pdf-images portraying a person performing an act of intercourse with a live animal. ./_OFFICIAL_SENSITIVE__Marsh_Gavin_SoS_Decision.pdf- ./_OFFICIAL_SENSITIVE__Marsh_Gavin_SoS_Decision.pdf-The allegation was therefore found proved. ./_OFFICIAL_SENSITIVE__Marsh_Gavin_SoS_Decision.pdf- ./_OFFICIAL_SENSITIVE__Marsh_Gavin_SoS_Decision.pdf- ./_OFFICIAL_SENSITIVE__Marsh_Gavin_SoS_Decision.pdf- ./_OFFICIAL_SENSITIVE__Marsh_Gavin_SoS_Decision.pdf- 8 ./_OFFICIAL_SENSITIVE__Marsh_Gavin_SoS_Decision.pdf- -- ./_OFFICIAL_SENSITIVE__Marsh_Gavin_SoS_Decision.pdf- 2. On 3 December 2021, you were found guilty of possession of extreme ./_OFFICIAL_SENSITIVE__Marsh_Gavin_SoS_Decision.pdf: pornographic images of intercourse/oral sex with dead/alive animal contrary ./_OFFICIAL_SENSITIVE__Marsh_Gavin_SoS_Decision.pdf- to Section 63(1), (7)(d) the Criminal Justice and Immigration Act 2008, ./_OFFICIAL_SENSITIVE__Marsh_Gavin_SoS_Decision.pdf- therefore in relation to your conduct at allegation 1, were conditionally ./_OFFICIAL_SENSITIVE__Marsh_Gavin_SoS_Decision.pdf- discharged for 24 months. ./_OFFICIAL_SENSITIVE__Marsh_Gavin_SoS_Decision.pdf- ./_OFFICIAL_SENSITIVE__Marsh_Gavin_SoS_Decision.pdf-The panel had sight of a certified memorandum of conviction, printed on 1 November ./_OFFICIAL_SENSITIVE__Marsh_Gavin_SoS_Decision.pdf:2022. This related to, on or before 5 November 2020, possessing extreme pornographic ./_OFFICIAL_SENSITIVE__Marsh_Gavin_SoS_Decision.pdf-images portraying a person performing an act of intercourse with a live animal, contrary ./_OFFICIAL_SENSITIVE__Marsh_Gavin_SoS_Decision.pdf-to sections 63(1), (7)(d) and 67(3) of the Criminal Justice and Immigration Act 2008. ./_OFFICIAL_SENSITIVE__Marsh_Gavin_SoS_Decision.pdf- ./_OFFICIAL_SENSITIVE__Marsh_Gavin_SoS_Decision.pdf-A guilty plea was entered on 3 December 2021 and Mr Marsh was discharged ./_OFFICIAL_SENSITIVE__Marsh_Gavin_SoS_Decision.pdf-conditionally for 2 years. ./_OFFICIAL_SENSITIVE__Marsh_Gavin_SoS_Decision.pdf- ./_OFFICIAL_SENSITIVE__Marsh_Gavin_SoS_Decision.pdf-The allegation was therefore found proved. ./_OFFICIAL_SENSITIVE__Marsh_Gavin_SoS_Decision.pdf- ./_OFFICIAL_SENSITIVE__Marsh_Gavin_SoS_Decision.pdf-Findings as to unacceptable professional conduct and/or conduct that ./_OFFICIAL_SENSITIVE__Marsh_Gavin_SoS_Decision.pdf-may bring the profession into disrepute -- ./_OFFICIAL_SENSITIVE__Marsh_Gavin_SoS_Decision.pdf- o not undermining fundamental British values, including … the rule of law. ./_OFFICIAL_SENSITIVE__Marsh_Gavin_SoS_Decision.pdf- ./_OFFICIAL_SENSITIVE__Marsh_Gavin_SoS_Decision.pdf- Teachers must have proper and professional regard for the ethos, policies and ./_OFFICIAL_SENSITIVE__Marsh_Gavin_SoS_Decision.pdf- practices of the school in which they teach, and maintain high standards in their ./_OFFICIAL_SENSITIVE__Marsh_Gavin_SoS_Decision.pdf- own attendance and punctuality. ./_OFFICIAL_SENSITIVE__Marsh_Gavin_SoS_Decision.pdf- ./_OFFICIAL_SENSITIVE__Marsh_Gavin_SoS_Decision.pdf- Teachers must have an understanding of, and always act within, the statutory ./_OFFICIAL_SENSITIVE__Marsh_Gavin_SoS_Decision.pdf- frameworks which set out their professional duties and responsibilities. ./_OFFICIAL_SENSITIVE__Marsh_Gavin_SoS_Decision.pdf- ./_OFFICIAL_SENSITIVE__Marsh_Gavin_SoS_Decision.pdf-Mr Marsh had been convicted of a criminal offence, relating to possessing extreme ./_OFFICIAL_SENSITIVE__Marsh_Gavin_SoS_Decision.pdf:pornographic images of a person performing an act of intercourse with a live animal. This ./_OFFICIAL_SENSITIVE__Marsh_Gavin_SoS_Decision.pdf-was contrary to the rule of law, the School’s policies and the statutory frameworks which ./_OFFICIAL_SENSITIVE__Marsh_Gavin_SoS_Decision.pdf-set out a teacher’s professional duties and responsibilities. ./_OFFICIAL_SENSITIVE__Marsh_Gavin_SoS_Decision.pdf- ./_OFFICIAL_SENSITIVE__Marsh_Gavin_SoS_Decision.pdf- ./_OFFICIAL_SENSITIVE__Marsh_Gavin_SoS_Decision.pdf- ./_OFFICIAL_SENSITIVE__Marsh_Gavin_SoS_Decision.pdf- 9 ./_OFFICIAL_SENSITIVE__Marsh_Gavin_SoS_Decision.pdf- -- ./_OFFICIAL_SENSITIVE__Marsh_Gavin_SoS_Decision.pdf-necessary and proportionate. Prohibition orders should not be given in order to be ./_OFFICIAL_SENSITIVE__Marsh_Gavin_SoS_Decision.pdf-punitive, or to show that blame has been apportioned, although they are likely to have a ./_OFFICIAL_SENSITIVE__Marsh_Gavin_SoS_Decision.pdf-punitive effect. ./_OFFICIAL_SENSITIVE__Marsh_Gavin_SoS_Decision.pdf- ./_OFFICIAL_SENSITIVE__Marsh_Gavin_SoS_Decision.pdf-The panel had regard to the particular public interest considerations set out in the Advice ./_OFFICIAL_SENSITIVE__Marsh_Gavin_SoS_Decision.pdf-and, having done so, found a number of them to be relevant in this case, namely, the ./_OFFICIAL_SENSITIVE__Marsh_Gavin_SoS_Decision.pdf-maintenance of public confidence in the profession and declaring and upholding proper ./_OFFICIAL_SENSITIVE__Marsh_Gavin_SoS_Decision.pdf-standards of conduct. ./_OFFICIAL_SENSITIVE__Marsh_Gavin_SoS_Decision.pdf- ./_OFFICIAL_SENSITIVE__Marsh_Gavin_SoS_Decision.pdf-In the light of the panel’s findings against Mr Marsh, which involved a conviction for ./_OFFICIAL_SENSITIVE__Marsh_Gavin_SoS_Decision.pdf:possession of extreme pornographic images involving animals, the panel did not consider ./_OFFICIAL_SENSITIVE__Marsh_Gavin_SoS_Decision.pdf-the safeguarding and wellbeing of pupils to be relevant, as there was no finding of a ./_OFFICIAL_SENSITIVE__Marsh_Gavin_SoS_Decision.pdf-concern in relation to the safeguarding and wellbeing of pupils. ./_OFFICIAL_SENSITIVE__Marsh_Gavin_SoS_Decision.pdf- ./_OFFICIAL_SENSITIVE__Marsh_Gavin_SoS_Decision.pdf-Similarly, the panel did not consider the protection of other members of the public to be ./_OFFICIAL_SENSITIVE__Marsh_Gavin_SoS_Decision.pdf-relevant, as there was no evidence to suggest that Mr Marsh’s behaviour had caused ./_OFFICIAL_SENSITIVE__Marsh_Gavin_SoS_Decision.pdf-harm to members of the public. ./_OFFICIAL_SENSITIVE__Marsh_Gavin_SoS_Decision.pdf- ./_OFFICIAL_SENSITIVE__Marsh_Gavin_SoS_Decision.pdf-The panel considered that public confidence in the profession could be seriously ./_OFFICIAL_SENSITIVE__Marsh_Gavin_SoS_Decision.pdf-weakened if conduct such as that found against Mr Marsh were not treated with the ./_OFFICIAL_SENSITIVE__Marsh_Gavin_SoS_Decision.pdf-utmost seriousness when regulating the conduct of the profession. -- ./_OFFICIAL_SENSITIVE__Marsh_Gavin_SoS_Decision.pdf-the behaviour and the likely harm to the public interest were the teacher be allowed to ./_OFFICIAL_SENSITIVE__Marsh_Gavin_SoS_Decision.pdf-continue to teach, the panel went on to consider whether there were mitigating ./_OFFICIAL_SENSITIVE__Marsh_Gavin_SoS_Decision.pdf-circumstances. ./_OFFICIAL_SENSITIVE__Marsh_Gavin_SoS_Decision.pdf- ./_OFFICIAL_SENSITIVE__Marsh_Gavin_SoS_Decision.pdf-In the light of the panel’s findings, there was evidence that Mr Marsh’s actions were ./_OFFICIAL_SENSITIVE__Marsh_Gavin_SoS_Decision.pdf-deliberate. The panel noted that, during the School’s disciplinary hearing, Mr Marsh ./_OFFICIAL_SENSITIVE__Marsh_Gavin_SoS_Decision.pdf-explained that he used a ‘chat app’ to talk to friends that live abroad and met people ./_OFFICIAL_SENSITIVE__Marsh_Gavin_SoS_Decision.pdf-online with similar interests such as sports. From this, he got invited to groups which ./_OFFICIAL_SENSITIVE__Marsh_Gavin_SoS_Decision.pdf-shared different things. He would not play an active role in the groups but would be ./_OFFICIAL_SENSITIVE__Marsh_Gavin_SoS_Decision.pdf-removed and later be added back into the group. However, Mr Marsh had been convicted ./_OFFICIAL_SENSITIVE__Marsh_Gavin_SoS_Decision.pdf:of possession of extreme pornographic images of animals and the panel considered that ./_OFFICIAL_SENSITIVE__Marsh_Gavin_SoS_Decision.pdf-Mr Marsh had made a conscious decision to remain on the application. ./_OFFICIAL_SENSITIVE__Marsh_Gavin_SoS_Decision.pdf- ./_OFFICIAL_SENSITIVE__Marsh_Gavin_SoS_Decision.pdf-There was no evidence to suggest that Mr Marsh was acting under extreme duress, for ./_OFFICIAL_SENSITIVE__Marsh_Gavin_SoS_Decision.pdf-example a physical threat or significant intimidation. ./_OFFICIAL_SENSITIVE__Marsh_Gavin_SoS_Decision.pdf- ./_OFFICIAL_SENSITIVE__Marsh_Gavin_SoS_Decision.pdf-The panel saw no evidence that Mr Marsh had any previous convictions. The panel saw ./_OFFICIAL_SENSITIVE__Marsh_Gavin_SoS_Decision.pdf-no evidence that showed that Mr Marsh was previously subject to disciplinary ./_OFFICIAL_SENSITIVE__Marsh_Gavin_SoS_Decision.pdf-proceedings or warnings. ./_OFFICIAL_SENSITIVE__Marsh_Gavin_SoS_Decision.pdf- ./_OFFICIAL_SENSITIVE__Marsh_Gavin_SoS_Decision.pdf- 12 -- ./_OFFICIAL_SENSITIVE__Marsh_Gavin_SoS_Decision.pdf-made by the panel would be sufficient. ./_OFFICIAL_SENSITIVE__Marsh_Gavin_SoS_Decision.pdf- ./_OFFICIAL_SENSITIVE__Marsh_Gavin_SoS_Decision.pdf-The panel was of the view that, applying the standard of the ordinary intelligent citizen, it ./_OFFICIAL_SENSITIVE__Marsh_Gavin_SoS_Decision.pdf-would not be a proportionate and appropriate response to recommend no prohibition ./_OFFICIAL_SENSITIVE__Marsh_Gavin_SoS_Decision.pdf-order. Recommending that the publication of adverse findings would be sufficient would ./_OFFICIAL_SENSITIVE__Marsh_Gavin_SoS_Decision.pdf-unacceptably compromise the public interest considerations present in this case, despite ./_OFFICIAL_SENSITIVE__Marsh_Gavin_SoS_Decision.pdf-the severity of the consequences for Mr Marsh of prohibition. ./_OFFICIAL_SENSITIVE__Marsh_Gavin_SoS_Decision.pdf- ./_OFFICIAL_SENSITIVE__Marsh_Gavin_SoS_Decision.pdf-The panel was of the view that prohibition was both proportionate and appropriate. The ./_OFFICIAL_SENSITIVE__Marsh_Gavin_SoS_Decision.pdf-panel decided that the public interest considerations outweighed the interests of Mr ./_OFFICIAL_SENSITIVE__Marsh_Gavin_SoS_Decision.pdf:Marsh. The conviction for possession of extreme pornographic images which portrayed, ./_OFFICIAL_SENSITIVE__Marsh_Gavin_SoS_Decision.pdf-in an explicit and realistic way, a person performing an act of intercourse with a live ./_OFFICIAL_SENSITIVE__Marsh_Gavin_SoS_Decision.pdf-animal was a significant factor in forming that opinion. Accordingly, the panel made a ./_OFFICIAL_SENSITIVE__Marsh_Gavin_SoS_Decision.pdf-recommendation to the Secretary of State that a prohibition order should be imposed with ./_OFFICIAL_SENSITIVE__Marsh_Gavin_SoS_Decision.pdf-immediate effect. ./_OFFICIAL_SENSITIVE__Marsh_Gavin_SoS_Decision.pdf- ./_OFFICIAL_SENSITIVE__Marsh_Gavin_SoS_Decision.pdf-The panel went on to consider whether or not it would be appropriate for it to decide to ./_OFFICIAL_SENSITIVE__Marsh_Gavin_SoS_Decision.pdf-recommend a review period of the order. The panel was mindful that the Advice states ./_OFFICIAL_SENSITIVE__Marsh_Gavin_SoS_Decision.pdf-that a prohibition order applies for life, but there may be circumstances, in any given ./_OFFICIAL_SENSITIVE__Marsh_Gavin_SoS_Decision.pdf-case, that may make it appropriate to allow a teacher to apply to have the prohibition ./_OFFICIAL_SENSITIVE__Marsh_Gavin_SoS_Decision.pdf-order reviewed after a specified period of time that may not be less than 2 years. ./_OFFICIAL_SENSITIVE__Marsh_Gavin_SoS_Decision.pdf- ./_OFFICIAL_SENSITIVE__Marsh_Gavin_SoS_Decision.pdf-The Advice indicates that there are cases involving certain conduct where it is likely that ./_OFFICIAL_SENSITIVE__Marsh_Gavin_SoS_Decision.pdf-the public interest will have greater relevance and weigh in favour of not offering a review ./_OFFICIAL_SENSITIVE__Marsh_Gavin_SoS_Decision.pdf-period. One of these is any activity involving viewing, taking, making, possessing, ./_OFFICIAL_SENSITIVE__Marsh_Gavin_SoS_Decision.pdf-distributing or publishing any indecent photograph or image or indecent pseudo ./_OFFICIAL_SENSITIVE__Marsh_Gavin_SoS_Decision.pdf-photograph … including one off incidents. The panel found that Mr Marsh was ./_OFFICIAL_SENSITIVE__Marsh_Gavin_SoS_Decision.pdf-responsible for the possession of explicit sexual images involving animals. Although ./_OFFICIAL_SENSITIVE__Marsh_Gavin_SoS_Decision.pdf-these were not indecent images of a child, the panel noted that these were extreme ./_OFFICIAL_SENSITIVE__Marsh_Gavin_SoS_Decision.pdf:pornographic images. ./_OFFICIAL_SENSITIVE__Marsh_Gavin_SoS_Decision.pdf- ./_OFFICIAL_SENSITIVE__Marsh_Gavin_SoS_Decision.pdf- ./_OFFICIAL_SENSITIVE__Marsh_Gavin_SoS_Decision.pdf- ./_OFFICIAL_SENSITIVE__Marsh_Gavin_SoS_Decision.pdf- ./_OFFICIAL_SENSITIVE__Marsh_Gavin_SoS_Decision.pdf- 13 ./_OFFICIAL_SENSITIVE__Marsh_Gavin_SoS_Decision.pdf- -- ./_OFFICIAL_SENSITIVE__Marsh_Gavin_SoS_Decision.pdf- o not undermining fundamental British values, including … the rule of law. ./_OFFICIAL_SENSITIVE__Marsh_Gavin_SoS_Decision.pdf- ./_OFFICIAL_SENSITIVE__Marsh_Gavin_SoS_Decision.pdf- Teachers must have proper and professional regard for the ethos, policies and ./_OFFICIAL_SENSITIVE__Marsh_Gavin_SoS_Decision.pdf- practices of the school in which they teach, and maintain high standards in their ./_OFFICIAL_SENSITIVE__Marsh_Gavin_SoS_Decision.pdf- own attendance and punctuality. ./_OFFICIAL_SENSITIVE__Marsh_Gavin_SoS_Decision.pdf- ./_OFFICIAL_SENSITIVE__Marsh_Gavin_SoS_Decision.pdf- Teachers must have an understanding of, and always act within, the statutory ./_OFFICIAL_SENSITIVE__Marsh_Gavin_SoS_Decision.pdf- frameworks which set out their professional duties and responsibilities. ./_OFFICIAL_SENSITIVE__Marsh_Gavin_SoS_Decision.pdf- ./_OFFICIAL_SENSITIVE__Marsh_Gavin_SoS_Decision.pdf-The findings of misconduct are particularly serious as they include a finding of ./_OFFICIAL_SENSITIVE__Marsh_Gavin_SoS_Decision.pdf:possession of extreme pornographic images. ./_OFFICIAL_SENSITIVE__Marsh_Gavin_SoS_Decision.pdf- ./_OFFICIAL_SENSITIVE__Marsh_Gavin_SoS_Decision.pdf-I have to determine whether the imposition of a prohibition order is proportionate and in ./_OFFICIAL_SENSITIVE__Marsh_Gavin_SoS_Decision.pdf-the public interest. In considering that for this case, I have considered the overall aim of a ./_OFFICIAL_SENSITIVE__Marsh_Gavin_SoS_Decision.pdf-prohibition order which is to protect pupils and to maintain public confidence in the ./_OFFICIAL_SENSITIVE__Marsh_Gavin_SoS_Decision.pdf-profession. I have considered the extent to which a prohibition order in this case would ./_OFFICIAL_SENSITIVE__Marsh_Gavin_SoS_Decision.pdf-achieve that aim taking into account the impact that it will have on the individual teacher. ./_OFFICIAL_SENSITIVE__Marsh_Gavin_SoS_Decision.pdf-I have also asked myself, whether a less intrusive measure, such as the published ./_OFFICIAL_SENSITIVE__Marsh_Gavin_SoS_Decision.pdf- ./_OFFICIAL_SENSITIVE__Marsh_Gavin_SoS_Decision.pdf- 14 ./_OFFICIAL_SENSITIVE__Marsh_Gavin_SoS_Decision.pdf- -- ./_OFFICIAL_SENSITIVE__Marsh_Gavin_SoS_Decision.pdf-panel sets out as follows, “The panel had no evidence to show Mr Marsh’s level of insight ./_OFFICIAL_SENSITIVE__Marsh_Gavin_SoS_Decision.pdf-or remorse.” In my judgement, the lack of insight means that there is some risk of the ./_OFFICIAL_SENSITIVE__Marsh_Gavin_SoS_Decision.pdf-repetition of this behaviour and this puts at risk the general future wellbeing of pupils. I ./_OFFICIAL_SENSITIVE__Marsh_Gavin_SoS_Decision.pdf-have therefore given this element considerable weight in reaching my decision. ./_OFFICIAL_SENSITIVE__Marsh_Gavin_SoS_Decision.pdf- ./_OFFICIAL_SENSITIVE__Marsh_Gavin_SoS_Decision.pdf-I have gone on to consider the extent to which a prohibition order would maintain public ./_OFFICIAL_SENSITIVE__Marsh_Gavin_SoS_Decision.pdf-confidence in the profession. The panel observe, “The panel considered that Mr Marsh’s ./_OFFICIAL_SENSITIVE__Marsh_Gavin_SoS_Decision.pdf-conduct could potentially damage the public’s perception of a teacher. The viewing of ./_OFFICIAL_SENSITIVE__Marsh_Gavin_SoS_Decision.pdf-illegal images was incompatible with Mr Marsh’s role as a teacher and contrary to the ./_OFFICIAL_SENSITIVE__Marsh_Gavin_SoS_Decision.pdf-unique role teachers hold as role models for pupils.” I am particularly mindful of the ./_OFFICIAL_SENSITIVE__Marsh_Gavin_SoS_Decision.pdf:finding of possession of extreme pornography in this case and the impact that such a ./_OFFICIAL_SENSITIVE__Marsh_Gavin_SoS_Decision.pdf-finding has on the reputation of the profession. ./_OFFICIAL_SENSITIVE__Marsh_Gavin_SoS_Decision.pdf- ./_OFFICIAL_SENSITIVE__Marsh_Gavin_SoS_Decision.pdf-I have had to consider that the public has a high expectation of professional standards of ./_OFFICIAL_SENSITIVE__Marsh_Gavin_SoS_Decision.pdf-all teachers and that the public might regard a failure to impose a prohibition order as a ./_OFFICIAL_SENSITIVE__Marsh_Gavin_SoS_Decision.pdf-failure to uphold those high standards. In weighing these considerations, I have had to ./_OFFICIAL_SENSITIVE__Marsh_Gavin_SoS_Decision.pdf-consider the matter from the point of view of an “ordinary intelligent and well-informed ./_OFFICIAL_SENSITIVE__Marsh_Gavin_SoS_Decision.pdf-citizen.” ./_OFFICIAL_SENSITIVE__Marsh_Gavin_SoS_Decision.pdf- ./_OFFICIAL_SENSITIVE__Marsh_Gavin_SoS_Decision.pdf-I have considered whether the publication of a finding of unacceptable professional ./_OFFICIAL_SENSITIVE__Marsh_Gavin_SoS_Decision.pdf-conduct, in the absence of a prohibition order, can itself be regarded by such a person as -- ./_OFFICIAL_SENSITIVE__Marsh_Gavin_SoS_Decision.pdf-individual. Therefore, the panel did not place weight on this character reference. The ./_OFFICIAL_SENSITIVE__Marsh_Gavin_SoS_Decision.pdf-panel was provided with no references from any colleagues that could attest to Mr ./_OFFICIAL_SENSITIVE__Marsh_Gavin_SoS_Decision.pdf-Marsh’s abilities as a teacher.” ./_OFFICIAL_SENSITIVE__Marsh_Gavin_SoS_Decision.pdf- ./_OFFICIAL_SENSITIVE__Marsh_Gavin_SoS_Decision.pdf-A prohibition order would prevent Mr Marsh from teaching and would also clearly deprive ./_OFFICIAL_SENSITIVE__Marsh_Gavin_SoS_Decision.pdf-the public of his contribution to the profession for the period that it is in force. ./_OFFICIAL_SENSITIVE__Marsh_Gavin_SoS_Decision.pdf- ./_OFFICIAL_SENSITIVE__Marsh_Gavin_SoS_Decision.pdf-In this case, I have placed considerable weight on the panel’s comments “The panel ./_OFFICIAL_SENSITIVE__Marsh_Gavin_SoS_Decision.pdf-found that Mr Marsh was responsible for the possession of explicit sexual images ./_OFFICIAL_SENSITIVE__Marsh_Gavin_SoS_Decision.pdf-involving animals. Although these were not indecent images of a child, the panel noted ./_OFFICIAL_SENSITIVE__Marsh_Gavin_SoS_Decision.pdf:that these were extreme pornographic images.” ./_OFFICIAL_SENSITIVE__Marsh_Gavin_SoS_Decision.pdf- ./_OFFICIAL_SENSITIVE__Marsh_Gavin_SoS_Decision.pdf-I have given less weight in my consideration of sanction therefore, to the contribution that ./_OFFICIAL_SENSITIVE__Marsh_Gavin_SoS_Decision.pdf-Mr Marsh has made to the profession. In my view, it is necessary to impose a prohibition ./_OFFICIAL_SENSITIVE__Marsh_Gavin_SoS_Decision.pdf-order in order to maintain public confidence in the profession. A published decision, in ./_OFFICIAL_SENSITIVE__Marsh_Gavin_SoS_Decision.pdf-light of the circumstances in this case, that is not backed up by remorse or insight, does ./_OFFICIAL_SENSITIVE__Marsh_Gavin_SoS_Decision.pdf-not in my view satisfy the public interest requirement concerning public confidence in the ./_OFFICIAL_SENSITIVE__Marsh_Gavin_SoS_Decision.pdf-profession. ./_OFFICIAL_SENSITIVE__Marsh_Gavin_SoS_Decision.pdf- ./_OFFICIAL_SENSITIVE__Marsh_Gavin_SoS_Decision.pdf-For these reasons, I have concluded that a prohibition order is proportionate and in the ./_OFFICIAL_SENSITIVE__Marsh_Gavin_SoS_Decision.pdf-public interest in order to achieve the intended aims of a prohibition order. -- ./_OFFICIAL_SENSITIVE__Marsh_Gavin_SoS_Decision.pdf-I have gone on to consider the matter of a review period. In this case, the panel has ./_OFFICIAL_SENSITIVE__Marsh_Gavin_SoS_Decision.pdf-recommended that no provision should be made for a review period. ./_OFFICIAL_SENSITIVE__Marsh_Gavin_SoS_Decision.pdf- ./_OFFICIAL_SENSITIVE__Marsh_Gavin_SoS_Decision.pdf-I have considered the panel’s comments “The Advice indicates that there are cases ./_OFFICIAL_SENSITIVE__Marsh_Gavin_SoS_Decision.pdf-involving certain conduct where it is likely that the public interest will have greater ./_OFFICIAL_SENSITIVE__Marsh_Gavin_SoS_Decision.pdf-relevance and weigh in favour of not offering a review period. One of these is any activity ./_OFFICIAL_SENSITIVE__Marsh_Gavin_SoS_Decision.pdf-involving viewing, taking, making, possessing, distributing or publishing any indecent ./_OFFICIAL_SENSITIVE__Marsh_Gavin_SoS_Decision.pdf-photograph or image or indecent pseudo photograph … including one off incidents. The ./_OFFICIAL_SENSITIVE__Marsh_Gavin_SoS_Decision.pdf-panel found that Mr Marsh was responsible for the possession of explicit sexual images ./_OFFICIAL_SENSITIVE__Marsh_Gavin_SoS_Decision.pdf-involving animals. Although these were not indecent images of a child, the panel noted ./_OFFICIAL_SENSITIVE__Marsh_Gavin_SoS_Decision.pdf:that these were extreme pornographic images.” ./_OFFICIAL_SENSITIVE__Marsh_Gavin_SoS_Decision.pdf- ./_OFFICIAL_SENSITIVE__Marsh_Gavin_SoS_Decision.pdf-I have considered whether not allowing for a review period reflects the seriousness of the ./_OFFICIAL_SENSITIVE__Marsh_Gavin_SoS_Decision.pdf-findings and is proportionate to achieve the aim of maintaining public confidence in the ./_OFFICIAL_SENSITIVE__Marsh_Gavin_SoS_Decision.pdf-profession. In this case, the factors which mean that not allowing for a review is ./_OFFICIAL_SENSITIVE__Marsh_Gavin_SoS_Decision.pdf-necessary are the nature of the conviction and the lack of evidence of insight or remorse. ./_OFFICIAL_SENSITIVE__Marsh_Gavin_SoS_Decision.pdf- ./_OFFICIAL_SENSITIVE__Marsh_Gavin_SoS_Decision.pdf-I consider therefore that allowing for no review period is necessary to maintain public ./_OFFICIAL_SENSITIVE__Marsh_Gavin_SoS_Decision.pdf-confidence and is proportionate and in the public interest. ./_OFFICIAL_SENSITIVE__Marsh_Gavin_SoS_Decision.pdf- ./_OFFICIAL_SENSITIVE__Marsh_Gavin_SoS_Decision.pdf-This means that Mr Gavin Marsh is prohibited from teaching indefinitely and ./_Official_Sensitive__Mr_Christopher_Austen__17272_-_SoS_Decision_for_WEB.pdf-B. Allegations ./_Official_Sensitive__Mr_Christopher_Austen__17272_-_SoS_Decision_for_WEB.pdf-The panel considered the allegations set out in the Notice of Proceedings dated 29 ./_Official_Sensitive__Mr_Christopher_Austen__17272_-_SoS_Decision_for_WEB.pdf-March 2019. ./_Official_Sensitive__Mr_Christopher_Austen__17272_-_SoS_Decision_for_WEB.pdf- ./_Official_Sensitive__Mr_Christopher_Austen__17272_-_SoS_Decision_for_WEB.pdf-It was alleged that Mr Austen was guilty of unacceptable professional conduct and/or ./_Official_Sensitive__Mr_Christopher_Austen__17272_-_SoS_Decision_for_WEB.pdf-conduct that may bring the profession into disrepute in that: ./_Official_Sensitive__Mr_Christopher_Austen__17272_-_SoS_Decision_for_WEB.pdf- ./_Official_Sensitive__Mr_Christopher_Austen__17272_-_SoS_Decision_for_WEB.pdf- 1. He engaged in an inappropriate relationship with Student 2 between October and ./_Official_Sensitive__Mr_Christopher_Austen__17272_-_SoS_Decision_for_WEB.pdf- December 2016 in that he; ./_Official_Sensitive__Mr_Christopher_Austen__17272_-_SoS_Decision_for_WEB.pdf- ./_Official_Sensitive__Mr_Christopher_Austen__17272_-_SoS_Decision_for_WEB.pdf: a) engaged in a sexual relationship with a sixth form student, and failed to ./_Official_Sensitive__Mr_Christopher_Austen__17272_-_SoS_Decision_for_WEB.pdf- determine which school Student 2 attended or disclose the school at which ./_Official_Sensitive__Mr_Christopher_Austen__17272_-_SoS_Decision_for_WEB.pdf- he was teaching; ./_Official_Sensitive__Mr_Christopher_Austen__17272_-_SoS_Decision_for_WEB.pdf- ./_Official_Sensitive__Mr_Christopher_Austen__17272_-_SoS_Decision_for_WEB.pdf- b) failed to end the relationship when he became aware that Student 2 studied ./_Official_Sensitive__Mr_Christopher_Austen__17272_-_SoS_Decision_for_WEB.pdf- at the School; ./_Official_Sensitive__Mr_Christopher_Austen__17272_-_SoS_Decision_for_WEB.pdf- ./_Official_Sensitive__Mr_Christopher_Austen__17272_-_SoS_Decision_for_WEB.pdf- c) failed to end the relationship at all, in that Student 2 was responsible for its ./_Official_Sensitive__Mr_Christopher_Austen__17272_-_SoS_Decision_for_WEB.pdf- termination; ./_Official_Sensitive__Mr_Christopher_Austen__17272_-_SoS_Decision_for_WEB.pdf- ./_Official_Sensitive__Mr_Christopher_Austen__17272_-_SoS_Decision_for_WEB.pdf- d) attended Student 2’s place of work after the relationship had ended, to -- ./_Official_Sensitive__Mr_Christopher_Austen__17272_-_SoS_Decision_for_WEB.pdf-The panel confirmed that it has read all the documents provided in the bundle in advance ./_Official_Sensitive__Mr_Christopher_Austen__17272_-_SoS_Decision_for_WEB.pdf-of the hearing. ./_Official_Sensitive__Mr_Christopher_Austen__17272_-_SoS_Decision_for_WEB.pdf- ./_Official_Sensitive__Mr_Christopher_Austen__17272_-_SoS_Decision_for_WEB.pdf-Mr Austen was employed at Tolworth Girls’ School (the “School”) as a newly qualified ./_Official_Sensitive__Mr_Christopher_Austen__17272_-_SoS_Decision_for_WEB.pdf-modern languages teacher from 1 September 2016. It was alleged that Mr Austen ./_Official_Sensitive__Mr_Christopher_Austen__17272_-_SoS_Decision_for_WEB.pdf:engaged in an inappropriate sexual relationship with Student 2 between October and ./_Official_Sensitive__Mr_Christopher_Austen__17272_-_SoS_Decision_for_WEB.pdf-December 2016. Following a disciplinary hearing in April 2018, Mr Austen was dismissed ./_Official_Sensitive__Mr_Christopher_Austen__17272_-_SoS_Decision_for_WEB.pdf-from the School. ./_Official_Sensitive__Mr_Christopher_Austen__17272_-_SoS_Decision_for_WEB.pdf- ./_Official_Sensitive__Mr_Christopher_Austen__17272_-_SoS_Decision_for_WEB.pdf-Findings of fact ./_Official_Sensitive__Mr_Christopher_Austen__17272_-_SoS_Decision_for_WEB.pdf-The panel has found the following particulars of the allegations against you proved, for ./_Official_Sensitive__Mr_Christopher_Austen__17272_-_SoS_Decision_for_WEB.pdf-these reasons: ./_Official_Sensitive__Mr_Christopher_Austen__17272_-_SoS_Decision_for_WEB.pdf- ./_Official_Sensitive__Mr_Christopher_Austen__17272_-_SoS_Decision_for_WEB.pdf- 1. You engaged in an inappropriate relationship with Student 2 between ./_Official_Sensitive__Mr_Christopher_Austen__17272_-_SoS_Decision_for_WEB.pdf- October and December 2016 in that you; ./_Official_Sensitive__Mr_Christopher_Austen__17272_-_SoS_Decision_for_WEB.pdf- ./_Official_Sensitive__Mr_Christopher_Austen__17272_-_SoS_Decision_for_WEB.pdf: a) engaged in a sexual relationship with a sixth form student, and failed ./_Official_Sensitive__Mr_Christopher_Austen__17272_-_SoS_Decision_for_WEB.pdf- to determine which school Student 2 attended or disclose the school ./_Official_Sensitive__Mr_Christopher_Austen__17272_-_SoS_Decision_for_WEB.pdf- at which you were teaching; ./_Official_Sensitive__Mr_Christopher_Austen__17272_-_SoS_Decision_for_WEB.pdf- ./_Official_Sensitive__Mr_Christopher_Austen__17272_-_SoS_Decision_for_WEB.pdf-The panel considered all of the evidence before them. In particular the panel noted that ./_Official_Sensitive__Mr_Christopher_Austen__17272_-_SoS_Decision_for_WEB.pdf-the teacher and Student 2, during an interview with the investigating officer, both ./_Official_Sensitive__Mr_Christopher_Austen__17272_-_SoS_Decision_for_WEB.pdf:admitted that the relationship between them was ‘a sexual relationship’. Therefore the ./_Official_Sensitive__Mr_Christopher_Austen__17272_-_SoS_Decision_for_WEB.pdf-panel found this part of allegation proved. ./_Official_Sensitive__Mr_Christopher_Austen__17272_-_SoS_Decision_for_WEB.pdf- ./_Official_Sensitive__Mr_Christopher_Austen__17272_-_SoS_Decision_for_WEB.pdf-The panel were mindful that Mr Austen and Student 2 met outside school when Student 2 ./_Official_Sensitive__Mr_Christopher_Austen__17272_-_SoS_Decision_for_WEB.pdf-was working in a supermarket. Subsequently Mr Austen gave his number to Student 2 ./_Official_Sensitive__Mr_Christopher_Austen__17272_-_SoS_Decision_for_WEB.pdf-and they proceeded to exchange text messages before beginning a relationship. The ./_Official_Sensitive__Mr_Christopher_Austen__17272_-_SoS_Decision_for_WEB.pdf-panel accepted that Mr Austen was not initially aware that Student 2 was a student at the ./_Official_Sensitive__Mr_Christopher_Austen__17272_-_SoS_Decision_for_WEB.pdf-School. However when interviewed in the School’s disciplinary investigation Mr Austen ./_Official_Sensitive__Mr_Christopher_Austen__17272_-_SoS_Decision_for_WEB.pdf-said, ‘I knew she was a student and she knew I was a teacher, but we had no idea we ./_Official_Sensitive__Mr_Christopher_Austen__17272_-_SoS_Decision_for_WEB.pdf-were both at [the School]’. The panel considered, on the balance of probabilities, ./_Official_Sensitive__Mr_Christopher_Austen__17272_-_SoS_Decision_for_WEB.pdf-because Mr Austen was a teacher in the local area and Student 2 was of school age, it -- ./_Official_Sensitive__Mr_Christopher_Austen__17272_-_SoS_Decision_for_WEB.pdf-  Teachers must have an understanding of, and always act within, the statutory ./_Official_Sensitive__Mr_Christopher_Austen__17272_-_SoS_Decision_for_WEB.pdf- frameworks which set out their professional duties and responsibilities. ./_Official_Sensitive__Mr_Christopher_Austen__17272_-_SoS_Decision_for_WEB.pdf-The panel was satisfied that the conduct of the teacher fell significantly short of the ./_Official_Sensitive__Mr_Christopher_Austen__17272_-_SoS_Decision_for_WEB.pdf-standards expected of the profession. ./_Official_Sensitive__Mr_Christopher_Austen__17272_-_SoS_Decision_for_WEB.pdf- ./_Official_Sensitive__Mr_Christopher_Austen__17272_-_SoS_Decision_for_WEB.pdf-The panel was of the view that the conduct of Mr Austen’s conduct in relation to the facts ./_Official_Sensitive__Mr_Christopher_Austen__17272_-_SoS_Decision_for_WEB.pdf-found proved at allegations 1 and 2 involved breaches of the Teachers’ Standards. ./_Official_Sensitive__Mr_Christopher_Austen__17272_-_SoS_Decision_for_WEB.pdf-Having an inappropriate relationship with Student 2 demonstrated a disregard for the ./_Official_Sensitive__Mr_Christopher_Austen__17272_-_SoS_Decision_for_WEB.pdf:wellbeing of students and safeguarding principles. By failing to disclose a sexual ./_Official_Sensitive__Mr_Christopher_Austen__17272_-_SoS_Decision_for_WEB.pdf-relationship when he discovered Student 2 to be a student of the School and continuing ./_Official_Sensitive__Mr_Christopher_Austen__17272_-_SoS_Decision_for_WEB.pdf-the relationship regardless of his teaching position, Mr Austen confirmed to the panel his ./_Official_Sensitive__Mr_Christopher_Austen__17272_-_SoS_Decision_for_WEB.pdf-disregard of the teachers’ standards. ./_Official_Sensitive__Mr_Christopher_Austen__17272_-_SoS_Decision_for_WEB.pdf- ./_Official_Sensitive__Mr_Christopher_Austen__17272_-_SoS_Decision_for_WEB.pdf-The panel considered whether the teacher’s conduct displayed behaviours associated ./_Official_Sensitive__Mr_Christopher_Austen__17272_-_SoS_Decision_for_WEB.pdf-with any of the offences listed on pages 8 and 9 of the Advice and found none of these to ./_Official_Sensitive__Mr_Christopher_Austen__17272_-_SoS_Decision_for_WEB.pdf-be relevant. ./_Official_Sensitive__Mr_Christopher_Austen__17272_-_SoS_Decision_for_WEB.pdf- ./_Official_Sensitive__Mr_Christopher_Austen__17272_-_SoS_Decision_for_WEB.pdf-The panel took into account how the teaching profession is viewed by others and ./_Official_Sensitive__Mr_Christopher_Austen__17272_-_SoS_Decision_for_WEB.pdf-considered the influence that teachers may have on pupils, parents and others in the -- ./_Official_Sensitive__Mr_Christopher_Austen__17272_-_SoS_Decision_for_WEB.pdf-presenting officer that Mr Austen took a ‘laisse faire attitude’ to the teachers’ standards. ./_Official_Sensitive__Mr_Christopher_Austen__17272_-_SoS_Decision_for_WEB.pdf- ./_Official_Sensitive__Mr_Christopher_Austen__17272_-_SoS_Decision_for_WEB.pdf-In light of the panel’s findings against Mr Austen which involved an inappropriate ./_Official_Sensitive__Mr_Christopher_Austen__17272_-_SoS_Decision_for_WEB.pdf-relationship with Student 2 and failure to report that relationship to the School, public ./_Official_Sensitive__Mr_Christopher_Austen__17272_-_SoS_Decision_for_WEB.pdf-interest considerations are engaged. The panel considered that public confidence in the ./_Official_Sensitive__Mr_Christopher_Austen__17272_-_SoS_Decision_for_WEB.pdf-profession could be seriously weakened if misconduct, such as that found against Mr ./_Official_Sensitive__Mr_Christopher_Austen__17272_-_SoS_Decision_for_WEB.pdf-Austen, was not treated with the utmost seriousness. ./_Official_Sensitive__Mr_Christopher_Austen__17272_-_SoS_Decision_for_WEB.pdf- ./_Official_Sensitive__Mr_Christopher_Austen__17272_-_SoS_Decision_for_WEB.pdf-The panel also considered that there is a strong public interest in declaring proper ./_Official_Sensitive__Mr_Christopher_Austen__17272_-_SoS_Decision_for_WEB.pdf-standards of conduct in the profession. The conduct found against Mr Austen was ./_Official_Sensitive__Mr_Christopher_Austen__17272_-_SoS_Decision_for_WEB.pdf:outside that which could be tolerated because teachers cannot have sexual relationships ./_Official_Sensitive__Mr_Christopher_Austen__17272_-_SoS_Decision_for_WEB.pdf-with students. ./_Official_Sensitive__Mr_Christopher_Austen__17272_-_SoS_Decision_for_WEB.pdf- ./_Official_Sensitive__Mr_Christopher_Austen__17272_-_SoS_Decision_for_WEB.pdf-Notwithstanding the clear public interest considerations that were present, the panel ./_Official_Sensitive__Mr_Christopher_Austen__17272_-_SoS_Decision_for_WEB.pdf-considered carefully whether or not it would be proportionate to impose a prohibition ./_Official_Sensitive__Mr_Christopher_Austen__17272_-_SoS_Decision_for_WEB.pdf-order taking into account the effect that this would have on teacher. ./_Official_Sensitive__Mr_Christopher_Austen__17272_-_SoS_Decision_for_WEB.pdf- ./_Official_Sensitive__Mr_Christopher_Austen__17272_-_SoS_Decision_for_WEB.pdf-In carrying out the balancing exercise the panel has considered the public interest ./_Official_Sensitive__Mr_Christopher_Austen__17272_-_SoS_Decision_for_WEB.pdf-considerations both in favour of and against prohibition as well as the interests of Mr ./_Official_Sensitive__Mr_Christopher_Austen__17272_-_SoS_Decision_for_WEB.pdf-Austen. The panel took further account of the Advice, which suggests that a prohibition ./_Official_Sensitive__Mr_Christopher_Austen__17272_-_SoS_Decision_for_WEB.pdf-order may be appropriate if certain behaviours of a teacher have been proven. In the list -- ./_Official_Sensitive__Mr_Christopher_Austen__17272_-_SoS_Decision_for_WEB.pdf-The misconduct arose out of the educational setting. Mr Austen and Student 2 met ./_Official_Sensitive__Mr_Christopher_Austen__17272_-_SoS_Decision_for_WEB.pdf:outside the school, she was not one of his pupils. She explained, ‘he didn’t groom me; I ./_Official_Sensitive__Mr_Christopher_Austen__17272_-_SoS_Decision_for_WEB.pdf-was a consenting adult’. Nevertheless, she also said, ‘but the situation started to feel ./_Official_Sensitive__Mr_Christopher_Austen__17272_-_SoS_Decision_for_WEB.pdf-uncomfortable. I felt he had a duty of care to me.’ ./_Official_Sensitive__Mr_Christopher_Austen__17272_-_SoS_Decision_for_WEB.pdf- ./_Official_Sensitive__Mr_Christopher_Austen__17272_-_SoS_Decision_for_WEB.pdf-However, the panel concluded Mr Austen’s actions were deliberate in not ending or ./_Official_Sensitive__Mr_Christopher_Austen__17272_-_SoS_Decision_for_WEB.pdf-disclosing the inappropriate relationship. There was no evidence to suggest that Mr ./_Official_Sensitive__Mr_Christopher_Austen__17272_-_SoS_Decision_for_WEB.pdf-Austen was acting under duress. The panel were of the opinion that he allowed his ./_Official_Sensitive__Mr_Christopher_Austen__17272_-_SoS_Decision_for_WEB.pdf-emotions to override his professional responsibilities. ./_Official_Sensitive__Mr_Christopher_Austen__17272_-_SoS_Decision_for_WEB.pdf- ./_Official_Sensitive__Mr_Christopher_Austen__17272_-_SoS_Decision_for_WEB.pdf-Considering the militating factors, the panel remains of the view that applying the ./_Official_Sensitive__Mr_Christopher_Austen__17272_-_SoS_Decision_for_WEB.pdf-standard of the ordinary intelligent citizen recommending no prohibition order is not a -- ./_Official_Sensitive__Mr_Christopher_Austen__17272_-_SoS_Decision_for_WEB.pdf-recommend that a review period of the order should be considered. The panel were ./_Official_Sensitive__Mr_Christopher_Austen__17272_-_SoS_Decision_for_WEB.pdf-mindful that the Advice advises that a prohibition order applies for life, but there may be ./_Official_Sensitive__Mr_Christopher_Austen__17272_-_SoS_Decision_for_WEB.pdf-circumstances in any given case that may make it appropriate to allow a teacher to apply ./_Official_Sensitive__Mr_Christopher_Austen__17272_-_SoS_Decision_for_WEB.pdf-to have the prohibition order reviewed after a specified period of time that may not be ./_Official_Sensitive__Mr_Christopher_Austen__17272_-_SoS_Decision_for_WEB.pdf-less than 2 years. ./_Official_Sensitive__Mr_Christopher_Austen__17272_-_SoS_Decision_for_WEB.pdf- ./_Official_Sensitive__Mr_Christopher_Austen__17272_-_SoS_Decision_for_WEB.pdf-The Advice indicates that there are behaviours that, if proved, would militate against a ./_Official_Sensitive__Mr_Christopher_Austen__17272_-_SoS_Decision_for_WEB.pdf-review period being recommended. The panel determined that none of these findings ./_Official_Sensitive__Mr_Christopher_Austen__17272_-_SoS_Decision_for_WEB.pdf-were relevant and therefore it would be appropriate in the circumstances to have a ./_Official_Sensitive__Mr_Christopher_Austen__17272_-_SoS_Decision_for_WEB.pdf-review period. The panel noted that whilst this was serious misconduct, Student 2 was a ./_Official_Sensitive__Mr_Christopher_Austen__17272_-_SoS_Decision_for_WEB.pdf:consenting adult and there is no suggestion of grooming. Indeed the panel considered ./_Official_Sensitive__Mr_Christopher_Austen__17272_-_SoS_Decision_for_WEB.pdf-that there may have been an element of naivety on Mr Austen’s part at the beginning of ./_Official_Sensitive__Mr_Christopher_Austen__17272_-_SoS_Decision_for_WEB.pdf-his career. The panel considered that given time for reflection Mr Austen may develop full ./_Official_Sensitive__Mr_Christopher_Austen__17272_-_SoS_Decision_for_WEB.pdf-insight into his lack of judgement and the inappropriateness of his behaviour. ./_Official_Sensitive__Mr_Christopher_Austen__17272_-_SoS_Decision_for_WEB.pdf- ./_Official_Sensitive__Mr_Christopher_Austen__17272_-_SoS_Decision_for_WEB.pdf-The panel felt the findings indicated a situation in which it would be appropriate and ./_Official_Sensitive__Mr_Christopher_Austen__17272_-_SoS_Decision_for_WEB.pdf-proportionate in all the circumstances for a prohibition order to be recommended with ./_Official_Sensitive__Mr_Christopher_Austen__17272_-_SoS_Decision_for_WEB.pdf-provisions for a review period after 3 years. ./_Official_Sensitive__Mr_Christopher_Austen__17272_-_SoS_Decision_for_WEB.pdf- ./_Official_Sensitive__Mr_Christopher_Austen__17272_-_SoS_Decision_for_WEB.pdf- ./_Official_Sensitive__Mr_Christopher_Austen__17272_-_SoS_Decision_for_WEB.pdf- -- ./_Official_Sensitive__Mr_Christopher_Austen__17272_-_SoS_Decision_for_WEB.pdf-In this case, I have considered the extent to which a prohibition order would protect ./_Official_Sensitive__Mr_Christopher_Austen__17272_-_SoS_Decision_for_WEB.pdf-children. The panel has observed that Mr Austen had, through, “an inappropriate ./_Official_Sensitive__Mr_Christopher_Austen__17272_-_SoS_Decision_for_WEB.pdf-relationship with Student 2 demonstrated a disregard for the wellbeing of students and ./_Official_Sensitive__Mr_Christopher_Austen__17272_-_SoS_Decision_for_WEB.pdf:safeguarding principles. By failing to disclose a sexual relationship when he discovered ./_Official_Sensitive__Mr_Christopher_Austen__17272_-_SoS_Decision_for_WEB.pdf-Student 2 to be a student of the School and continuing the relationship regardless of his ./_Official_Sensitive__Mr_Christopher_Austen__17272_-_SoS_Decision_for_WEB.pdf-teaching position, Mr Austen confirmed to the panel his disregard of the teachers’ ./_Official_Sensitive__Mr_Christopher_Austen__17272_-_SoS_Decision_for_WEB.pdf-standards.” ./_Official_Sensitive__Mr_Christopher_Austen__17272_-_SoS_Decision_for_WEB.pdf- ./_Official_Sensitive__Mr_Christopher_Austen__17272_-_SoS_Decision_for_WEB.pdf-A prohibition order would therefore prevent such a risk from being present in the future. I ./_Official_Sensitive__Mr_Christopher_Austen__17272_-_SoS_Decision_for_WEB.pdf-have also taken into account the panel’s comments on insight and remorse, which the ./_Official_Sensitive__Mr_Christopher_Austen__17272_-_SoS_Decision_for_WEB.pdf-panel sets out as follows, “noted Mr Austen’s lack of engagement and that they did not ./_Official_Sensitive__Mr_Christopher_Austen__17272_-_SoS_Decision_for_WEB.pdf-have the opportunity to explore his insight into his misconduct. On the information ./_Official_Sensitive__Mr_Christopher_Austen__17272_-_SoS_Decision_for_WEB.pdf-available to the panel, he displayed limited insight or remorse.” In my judgement, the ./_Official_Sensitive__Mr_Christopher_Austen__17272_-_SoS_Decision_for_WEB.pdf-limited insight means that there is some risk of the repetition of this behaviour and this -- ./_Official_Sensitive__Mr_Christopher_Austen__17272_-_SoS_Decision_for_WEB.pdf-being a proportionate response to the misconduct that has been found proven in this ./_Official_Sensitive__Mr_Christopher_Austen__17272_-_SoS_Decision_for_WEB.pdf-case. ./_Official_Sensitive__Mr_Christopher_Austen__17272_-_SoS_Decision_for_WEB.pdf- ./_Official_Sensitive__Mr_Christopher_Austen__17272_-_SoS_Decision_for_WEB.pdf-I have also considered the impact of a prohibition order on Mr Austen himself. The panel ./_Official_Sensitive__Mr_Christopher_Austen__17272_-_SoS_Decision_for_WEB.pdf-found, “that both Witness A and Witness B described Mr Austen as a ‘good teacher with ./_Official_Sensitive__Mr_Christopher_Austen__17272_-_SoS_Decision_for_WEB.pdf-no classroom issues, respected by his colleagues and peers’. They also said he was ./_Official_Sensitive__Mr_Christopher_Austen__17272_-_SoS_Decision_for_WEB.pdf-active in the school community by arranging and participating in extracurricular activities.” ./_Official_Sensitive__Mr_Christopher_Austen__17272_-_SoS_Decision_for_WEB.pdf- ./_Official_Sensitive__Mr_Christopher_Austen__17272_-_SoS_Decision_for_WEB.pdf-The panel also note that, “The misconduct arose out of the educational setting. Mr ./_Official_Sensitive__Mr_Christopher_Austen__17272_-_SoS_Decision_for_WEB.pdf-Austen and Student 2 met outside the school, she was not one of his pupils. She ./_Official_Sensitive__Mr_Christopher_Austen__17272_-_SoS_Decision_for_WEB.pdf:explained, ‘he didn’t groom me; I was a consenting adult’. Nevertheless, she also said, ./_Official_Sensitive__Mr_Christopher_Austen__17272_-_SoS_Decision_for_WEB.pdf-‘but the situation started to feel uncomfortable. I felt he had a duty of care to me.’” ./_Official_Sensitive__Mr_Christopher_Austen__17272_-_SoS_Decision_for_WEB.pdf- ./_Official_Sensitive__Mr_Christopher_Austen__17272_-_SoS_Decision_for_WEB.pdf- ./_Official_Sensitive__Mr_Christopher_Austen__17272_-_SoS_Decision_for_WEB.pdf- ./_Official_Sensitive__Mr_Christopher_Austen__17272_-_SoS_Decision_for_WEB.pdf- ./_Official_Sensitive__Mr_Christopher_Austen__17272_-_SoS_Decision_for_WEB.pdf- 15 ./_Official_Sensitive__Mr_Christopher_Austen__17272_-_SoS_Decision_for_WEB.pdf- ./_OFFICIAL_SENSITIVE__Panesar_Inderjeet_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Panesar_Inderjeet_SoS_decision_redacted.pdf- • Documentation relating to Individual F’s health. ./_OFFICIAL_SENSITIVE__Panesar_Inderjeet_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Panesar_Inderjeet_SoS_decision_redacted.pdf-Mr Panesar’s representative applied to admit the following documents: ./_OFFICIAL_SENSITIVE__Panesar_Inderjeet_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Panesar_Inderjeet_SoS_decision_redacted.pdf- • Witness statement of Mr Panesar. ./_OFFICIAL_SENSITIVE__Panesar_Inderjeet_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Panesar_Inderjeet_SoS_decision_redacted.pdf- • 10 character references ./_OFFICIAL_SENSITIVE__Panesar_Inderjeet_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Panesar_Inderjeet_SoS_decision_redacted.pdf- • Certificates of achievement for digital safety awareness, Keeping Children Safe in ./_OFFICIAL_SENSITIVE__Panesar_Inderjeet_SoS_decision_redacted.pdf: Education, Prevent training, child on child sexual violence, abuse and harassment ./_OFFICIAL_SENSITIVE__Panesar_Inderjeet_SoS_decision_redacted.pdf- and fire safety awareness. ./_OFFICIAL_SENSITIVE__Panesar_Inderjeet_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Panesar_Inderjeet_SoS_decision_redacted.pdf-Individual H’s representative applied to admit the following documents: ./_OFFICIAL_SENSITIVE__Panesar_Inderjeet_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Panesar_Inderjeet_SoS_decision_redacted.pdf- • Witness statement of Individual H. ./_OFFICIAL_SENSITIVE__Panesar_Inderjeet_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Panesar_Inderjeet_SoS_decision_redacted.pdf- • Witness statement of Witness J. ./_OFFICIAL_SENSITIVE__Panesar_Inderjeet_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Panesar_Inderjeet_SoS_decision_redacted.pdf- • 3 character references ./_OFFICIAL_SENSITIVE__Panesar_Inderjeet_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Pedley__Phillip_-_Web_Decision.pdf-made by Pupils A, B, C, D, F, H and I which, whilst slightly varying in content, are ./_OFFICIAL_SENSITIVE__Pedley__Phillip_-_Web_Decision.pdf-supportive of Mr Pedley calling a [Redacted] pupil varying nicknames including ./_OFFICIAL_SENSITIVE__Pedley__Phillip_-_Web_Decision.pdf-“[Redacted]”. On balance, the panel therefore finds this allegation proven. ./_OFFICIAL_SENSITIVE__Pedley__Phillip_-_Web_Decision.pdf- ./_OFFICIAL_SENSITIVE__Pedley__Phillip_-_Web_Decision.pdf-Finally, in respect of allegation 1o, the panel has noted Mr Pedley’s admission in his ./_OFFICIAL_SENSITIVE__Pedley__Phillip_-_Web_Decision.pdf-witness statement that he did mispronounce this name although, the panel also notes ./_OFFICIAL_SENSITIVE__Pedley__Phillip_-_Web_Decision.pdf-that he denies pronouncing the name as two separate words and states that this was an ./_OFFICIAL_SENSITIVE__Pedley__Phillip_-_Web_Decision.pdf-innocent mispronunciation. The panel has also further considered (i) the statements of ./_OFFICIAL_SENSITIVE__Pedley__Phillip_-_Web_Decision.pdf-Pupils A, B, D and G; (ii) the oral evidence of Pupil E; and (iii) the comments made by the ./_OFFICIAL_SENSITIVE__Pedley__Phillip_-_Web_Decision.pdf-Headteacher during the disciplinary process at the school that she was satisfied that Mr ./_OFFICIAL_SENSITIVE__Pedley__Phillip_-_Web_Decision.pdf:Pedley had deliberately mispronounced this pupil’s name to give it a sexual connotation. ./_OFFICIAL_SENSITIVE__Pedley__Phillip_-_Web_Decision.pdf-Taking all of this into account, the panel is satisfied that, on the balance of probabilities, ./_OFFICIAL_SENSITIVE__Pedley__Phillip_-_Web_Decision.pdf-this allegation is proven. ./_OFFICIAL_SENSITIVE__Pedley__Phillip_-_Web_Decision.pdf- ./_OFFICIAL_SENSITIVE__Pedley__Phillip_-_Web_Decision.pdf- 2. One or more of your comments, as may be found proven at 1 above, ./_OFFICIAL_SENSITIVE__Pedley__Phillip_-_Web_Decision.pdf- amounted to: ./_OFFICIAL_SENSITIVE__Pedley__Phillip_-_Web_Decision.pdf- ./_OFFICIAL_SENSITIVE__Pedley__Phillip_-_Web_Decision.pdf- a. racist language; ./_OFFICIAL_SENSITIVE__Pedley__Phillip_-_Web_Decision.pdf- ./_OFFICIAL_SENSITIVE__Pedley__Phillip_-_Web_Decision.pdf- b. language associated with negative racial and/or cultural ./_OFFICIAL_SENSITIVE__Pedley__Phillip_-_Web_Decision.pdf- stereotypes; ./_OFFICIAL_SENSITIVE__Robinson_Stephen_SoS_decision.pdf-Allegations ./_OFFICIAL_SENSITIVE__Robinson_Stephen_SoS_decision.pdf-The panel considered the allegation set out in the notice of meeting dated 17 January ./_OFFICIAL_SENSITIVE__Robinson_Stephen_SoS_decision.pdf-2023. ./_OFFICIAL_SENSITIVE__Robinson_Stephen_SoS_decision.pdf- ./_OFFICIAL_SENSITIVE__Robinson_Stephen_SoS_decision.pdf-It was alleged that Mr Robinson was guilty of having been convicted of a relevant ./_OFFICIAL_SENSITIVE__Robinson_Stephen_SoS_decision.pdf-offence, in that on 22 October 2021 at Birmingham Crown Court he was convicted of: ./_OFFICIAL_SENSITIVE__Robinson_Stephen_SoS_decision.pdf- ./_OFFICIAL_SENSITIVE__Robinson_Stephen_SoS_decision.pdf: 1. 1 count of attempting or engaging in sexual communication with a child pursuant ./_OFFICIAL_SENSITIVE__Robinson_Stephen_SoS_decision.pdf- to the Sexual Offences Act 2003 s.15A (1). ./_OFFICIAL_SENSITIVE__Robinson_Stephen_SoS_decision.pdf- ./_OFFICIAL_SENSITIVE__Robinson_Stephen_SoS_decision.pdf- 2. 1 count of attempting, causing or inciting a female child under 16 to engage in a ./_OFFICIAL_SENSITIVE__Robinson_Stephen_SoS_decision.pdf: sexual act pursuant to the Sexual Offences Act 2003 s.10 (1) (a). ./_OFFICIAL_SENSITIVE__Robinson_Stephen_SoS_decision.pdf- ./_OFFICIAL_SENSITIVE__Robinson_Stephen_SoS_decision.pdf-Mr Robinson accepts the allegation in its entirety. ./_OFFICIAL_SENSITIVE__Robinson_Stephen_SoS_decision.pdf- ./_OFFICIAL_SENSITIVE__Robinson_Stephen_SoS_decision.pdf- ./_OFFICIAL_SENSITIVE__Robinson_Stephen_SoS_decision.pdf-Preliminary applications ./_OFFICIAL_SENSITIVE__Robinson_Stephen_SoS_decision.pdf-There were no preliminary applications. ./_OFFICIAL_SENSITIVE__Robinson_Stephen_SoS_decision.pdf- ./_OFFICIAL_SENSITIVE__Robinson_Stephen_SoS_decision.pdf- ./_OFFICIAL_SENSITIVE__Robinson_Stephen_SoS_decision.pdf-Summary of evidence ./_OFFICIAL_SENSITIVE__Robinson_Stephen_SoS_decision.pdf-Documents -- ./_OFFICIAL_SENSITIVE__Robinson_Stephen_SoS_decision.pdf-10 years. ./_OFFICIAL_SENSITIVE__Robinson_Stephen_SoS_decision.pdf- ./_OFFICIAL_SENSITIVE__Robinson_Stephen_SoS_decision.pdf-Findings of fact ./_OFFICIAL_SENSITIVE__Robinson_Stephen_SoS_decision.pdf- ./_OFFICIAL_SENSITIVE__Robinson_Stephen_SoS_decision.pdf-The panel found the following particulars of the allegation against you proved, for these ./_OFFICIAL_SENSITIVE__Robinson_Stephen_SoS_decision.pdf-reasons: ./_OFFICIAL_SENSITIVE__Robinson_Stephen_SoS_decision.pdf- ./_OFFICIAL_SENSITIVE__Robinson_Stephen_SoS_decision.pdf-You are guilty of relevant offences in that on 22 October 2021 at Birmingham ./_OFFICIAL_SENSITIVE__Robinson_Stephen_SoS_decision.pdf-Crown Court you were convicted of: ./_OFFICIAL_SENSITIVE__Robinson_Stephen_SoS_decision.pdf- ./_OFFICIAL_SENSITIVE__Robinson_Stephen_SoS_decision.pdf: 1. 1 count of attempting or engaging in sexual communication with a child ./_OFFICIAL_SENSITIVE__Robinson_Stephen_SoS_decision.pdf- pursuant to the Sexual Offences Act 2003 s.15A (1). ./_OFFICIAL_SENSITIVE__Robinson_Stephen_SoS_decision.pdf- ./_OFFICIAL_SENSITIVE__Robinson_Stephen_SoS_decision.pdf- 2. 1 count of attempting, causing or inciting a female child under 16 to engage ./_OFFICIAL_SENSITIVE__Robinson_Stephen_SoS_decision.pdf: in a sexual act pursuant to the Sexual Offences Act 2003 s.10 (1) (a). ./_OFFICIAL_SENSITIVE__Robinson_Stephen_SoS_decision.pdf- ./_OFFICIAL_SENSITIVE__Robinson_Stephen_SoS_decision.pdf-The allegation was admitted and was supported by evidence presented to the panel ./_OFFICIAL_SENSITIVE__Robinson_Stephen_SoS_decision.pdf-within the bundle. In particular, the panel accepted the certificate of conviction as proof of ./_OFFICIAL_SENSITIVE__Robinson_Stephen_SoS_decision.pdf-the commission of the offences. Therefore, the allegation was found proved. ./_OFFICIAL_SENSITIVE__Robinson_Stephen_SoS_decision.pdf- ./_OFFICIAL_SENSITIVE__Robinson_Stephen_SoS_decision.pdf- ./_OFFICIAL_SENSITIVE__Robinson_Stephen_SoS_decision.pdf- 5 ./_OFFICIAL_SENSITIVE__Robinson_Stephen_SoS_decision.pdf- -- ./_OFFICIAL_SENSITIVE__Robinson_Stephen_SoS_decision.pdf- ./_OFFICIAL_SENSITIVE__Robinson_Stephen_SoS_decision.pdf-The panel also took account of the way the teaching profession is viewed by others. The ./_OFFICIAL_SENSITIVE__Robinson_Stephen_SoS_decision.pdf-panel considered that Mr Robinson's behaviour in committing the offence could affect ./_OFFICIAL_SENSITIVE__Robinson_Stephen_SoS_decision.pdf-public confidence in the teaching profession, given the influence that teachers may have ./_OFFICIAL_SENSITIVE__Robinson_Stephen_SoS_decision.pdf-on pupils, parents and others in the community. ./_OFFICIAL_SENSITIVE__Robinson_Stephen_SoS_decision.pdf- ./_OFFICIAL_SENSITIVE__Robinson_Stephen_SoS_decision.pdf-The panel noted that Mr Robinson's behaviour ultimately led to a sentence of ./_OFFICIAL_SENSITIVE__Robinson_Stephen_SoS_decision.pdf-imprisonment, (albeit that it was suspended), which was indicative of the seriousness of ./_OFFICIAL_SENSITIVE__Robinson_Stephen_SoS_decision.pdf-the offences committed. ./_OFFICIAL_SENSITIVE__Robinson_Stephen_SoS_decision.pdf- ./_OFFICIAL_SENSITIVE__Robinson_Stephen_SoS_decision.pdf:This was a case involving an offence of sexual communication with a child, that resulted ./_OFFICIAL_SENSITIVE__Robinson_Stephen_SoS_decision.pdf-in a suspended term of imprisonment. The Advice states is likely to be considered a ./_OFFICIAL_SENSITIVE__Robinson_Stephen_SoS_decision.pdf-relevant offence. ./_OFFICIAL_SENSITIVE__Robinson_Stephen_SoS_decision.pdf- ./_OFFICIAL_SENSITIVE__Robinson_Stephen_SoS_decision.pdf-The panel considered evidence of mitigating circumstances. The evidence showed that ./_OFFICIAL_SENSITIVE__Robinson_Stephen_SoS_decision.pdf-Mr Robinson had an unblemished and excellent record as a teacher. The conduct that ./_OFFICIAL_SENSITIVE__Robinson_Stephen_SoS_decision.pdf-resulted in the conviction was a one-off incident, which took place outside of school, with ./_OFFICIAL_SENSITIVE__Robinson_Stephen_SoS_decision.pdf- ./_OFFICIAL_SENSITIVE__Robinson_Stephen_SoS_decision.pdf- 6 ./_OFFICIAL_SENSITIVE__Robinson_Stephen_SoS_decision.pdf- -- ./_OFFICIAL_SENSITIVE__Robinson_Stephen_SoS_decision.pdf-order may be appropriate if certain behaviours of a teacher have been proved. In the list ./_OFFICIAL_SENSITIVE__Robinson_Stephen_SoS_decision.pdf-of such behaviours, those that are relevant in this case are: ./_OFFICIAL_SENSITIVE__Robinson_Stephen_SoS_decision.pdf- ./_OFFICIAL_SENSITIVE__Robinson_Stephen_SoS_decision.pdf-  serious departure from the personal and professional conduct elements of the ./_OFFICIAL_SENSITIVE__Robinson_Stephen_SoS_decision.pdf- Teachers’ Standards; ./_OFFICIAL_SENSITIVE__Robinson_Stephen_SoS_decision.pdf- ./_OFFICIAL_SENSITIVE__Robinson_Stephen_SoS_decision.pdf-  the commission of a serious criminal offence, including those that resulted in a ./_OFFICIAL_SENSITIVE__Robinson_Stephen_SoS_decision.pdf- conviction or caution, paying particular attention to offences that are ‘relevant ./_OFFICIAL_SENSITIVE__Robinson_Stephen_SoS_decision.pdf- matters’ for the purposes of The Police Act 1997 and criminal record disclosures; ./_OFFICIAL_SENSITIVE__Robinson_Stephen_SoS_decision.pdf- ./_OFFICIAL_SENSITIVE__Robinson_Stephen_SoS_decision.pdf:  Sexual misconduct, e.g. involving actions that were sexually motivated or of a ./_OFFICIAL_SENSITIVE__Robinson_Stephen_SoS_decision.pdf: sexual nature… ./_OFFICIAL_SENSITIVE__Robinson_Stephen_SoS_decision.pdf- ./_OFFICIAL_SENSITIVE__Robinson_Stephen_SoS_decision.pdf-Even though some of the behaviour found proved in this case indicated that a prohibition ./_OFFICIAL_SENSITIVE__Robinson_Stephen_SoS_decision.pdf-order would be appropriate, the panel went on to consider the mitigating factors. ./_OFFICIAL_SENSITIVE__Robinson_Stephen_SoS_decision.pdf-Mitigating factors may indicate that a prohibition order would not be appropriate or ./_OFFICIAL_SENSITIVE__Robinson_Stephen_SoS_decision.pdf-proportionate. ./_OFFICIAL_SENSITIVE__Robinson_Stephen_SoS_decision.pdf- ./_OFFICIAL_SENSITIVE__Robinson_Stephen_SoS_decision.pdf-Mr Robinson's actions were deliberate in nature and there was no evidence to suggest ./_OFFICIAL_SENSITIVE__Robinson_Stephen_SoS_decision.pdf-that he was acting under duress. However, the panel considered the significant personal ./_OFFICIAL_SENSITIVE__Robinson_Stephen_SoS_decision.pdf-and family matters that arose around the time of Mr Robinson's conduct. Mr Robinson ./_OFFICIAL_SENSITIVE__Robinson_Stephen_SoS_decision.pdf-was previously of good character and the panel saw professional references that -- ./_OFFICIAL_SENSITIVE__Robinson_Stephen_SoS_decision.pdf-prohibition order reviewed after a specified period of time that may not be less than 2 ./_OFFICIAL_SENSITIVE__Robinson_Stephen_SoS_decision.pdf-years. ./_OFFICIAL_SENSITIVE__Robinson_Stephen_SoS_decision.pdf- ./_OFFICIAL_SENSITIVE__Robinson_Stephen_SoS_decision.pdf-The Advice indicates that there are behaviours that, if proved, would militate against the ./_OFFICIAL_SENSITIVE__Robinson_Stephen_SoS_decision.pdf:recommendation of a review period. One of these behaviours include any sexual ./_OFFICIAL_SENSITIVE__Robinson_Stephen_SoS_decision.pdf-misconduct involving a child. The panel found that Mr Robinson had been convicted of a ./_OFFICIAL_SENSITIVE__Robinson_Stephen_SoS_decision.pdf:sexual offence relating to a child, which indicates there should be no review period. ./_OFFICIAL_SENSITIVE__Robinson_Stephen_SoS_decision.pdf- ./_OFFICIAL_SENSITIVE__Robinson_Stephen_SoS_decision.pdf-The panel noted that Mr Robinson had fully accepted his conduct and has demonstrated ./_OFFICIAL_SENSITIVE__Robinson_Stephen_SoS_decision.pdf-some insight into his behaviour. ./_OFFICIAL_SENSITIVE__Robinson_Stephen_SoS_decision.pdf- ./_OFFICIAL_SENSITIVE__Robinson_Stephen_SoS_decision.pdf-The panel decided that the findings indicated a situation in which a review period would ./_OFFICIAL_SENSITIVE__Robinson_Stephen_SoS_decision.pdf-not be appropriate and, as such, decided that it would be proportionate in all the ./_OFFICIAL_SENSITIVE__Robinson_Stephen_SoS_decision.pdf-circumstances for the prohibition order to be recommended without provision for a review ./_OFFICIAL_SENSITIVE__Robinson_Stephen_SoS_decision.pdf-period. ./_OFFICIAL_SENSITIVE__Robinson_Stephen_SoS_decision.pdf- ./_OFFICIAL_SENSITIVE__Robinson_Stephen_SoS_decision.pdf- -- ./_OFFICIAL_SENSITIVE__Robinson_Stephen_SoS_decision.pdf-  Teachers must have an understanding of, and always act within, the statutory ./_OFFICIAL_SENSITIVE__Robinson_Stephen_SoS_decision.pdf- frameworks which set out their professional duties and responsibilities. ./_OFFICIAL_SENSITIVE__Robinson_Stephen_SoS_decision.pdf- ./_OFFICIAL_SENSITIVE__Robinson_Stephen_SoS_decision.pdf-The panel finds that the conduct of Mr Robinson fell significantly short of the standards ./_OFFICIAL_SENSITIVE__Robinson_Stephen_SoS_decision.pdf-expected of the profession. ./_OFFICIAL_SENSITIVE__Robinson_Stephen_SoS_decision.pdf- ./_OFFICIAL_SENSITIVE__Robinson_Stephen_SoS_decision.pdf:The findings of misconduct are particularly serious as they include a finding of a sexual ./_OFFICIAL_SENSITIVE__Robinson_Stephen_SoS_decision.pdf-offence related to a child. ./_OFFICIAL_SENSITIVE__Robinson_Stephen_SoS_decision.pdf- ./_OFFICIAL_SENSITIVE__Robinson_Stephen_SoS_decision.pdf-I have to determine whether the imposition of a prohibition order is proportionate and in ./_OFFICIAL_SENSITIVE__Robinson_Stephen_SoS_decision.pdf-the public interest. In considering that for this case, I have considered the overall aim of a ./_OFFICIAL_SENSITIVE__Robinson_Stephen_SoS_decision.pdf-prohibition order which is to protect pupils and to maintain public confidence in the ./_OFFICIAL_SENSITIVE__Robinson_Stephen_SoS_decision.pdf-profession. I have considered the extent to which a prohibition order in this case would ./_OFFICIAL_SENSITIVE__Robinson_Stephen_SoS_decision.pdf-achieve that aim taking into account the impact that it will have on the individual teacher. ./_OFFICIAL_SENSITIVE__Robinson_Stephen_SoS_decision.pdf-I have also asked myself, whether a less intrusive measure, such as the published ./_OFFICIAL_SENSITIVE__Robinson_Stephen_SoS_decision.pdf-finding of unacceptable professional conduct and conduct that may bring the profession ./_OFFICIAL_SENSITIVE__Robinson_Stephen_SoS_decision.pdf-into disrepute, would itself be sufficient to achieve the overall aim. I have to consider -- ./_OFFICIAL_SENSITIVE__Robinson_Stephen_SoS_decision.pdf-puts at risk the future wellbeing of pupils’. I have therefore given this element weight in ./_OFFICIAL_SENSITIVE__Robinson_Stephen_SoS_decision.pdf-reaching my decision. ./_OFFICIAL_SENSITIVE__Robinson_Stephen_SoS_decision.pdf- ./_OFFICIAL_SENSITIVE__Robinson_Stephen_SoS_decision.pdf-I have gone on to consider the extent to which a prohibition order would maintain public ./_OFFICIAL_SENSITIVE__Robinson_Stephen_SoS_decision.pdf-confidence in the profession. The panel observe, “The panel had regard to the particular ./_OFFICIAL_SENSITIVE__Robinson_Stephen_SoS_decision.pdf-public interest considerations set out in the Advice and, having done so, found a number ./_OFFICIAL_SENSITIVE__Robinson_Stephen_SoS_decision.pdf-of them to be relevant in this case, namely the safeguarding and wellbeing of pupils and ./_OFFICIAL_SENSITIVE__Robinson_Stephen_SoS_decision.pdf-the protection of other members of the public, the maintenance of public confidence in ./_OFFICIAL_SENSITIVE__Robinson_Stephen_SoS_decision.pdf-the profession, declaring and upholding proper standards of conduct and striking the right ./_OFFICIAL_SENSITIVE__Robinson_Stephen_SoS_decision.pdf-balance between the right of the teacher and the public interest.” I am particularly mindful ./_OFFICIAL_SENSITIVE__Robinson_Stephen_SoS_decision.pdf:of the finding of a sexual offence related to a child in this case and the impact that such a ./_OFFICIAL_SENSITIVE__Robinson_Stephen_SoS_decision.pdf-finding has on the reputation of the profession. ./_OFFICIAL_SENSITIVE__Robinson_Stephen_SoS_decision.pdf- ./_OFFICIAL_SENSITIVE__Robinson_Stephen_SoS_decision.pdf- ./_OFFICIAL_SENSITIVE__Robinson_Stephen_SoS_decision.pdf- 10 ./_OFFICIAL_SENSITIVE__Robinson_Stephen_SoS_decision.pdf- -- ./_OFFICIAL_SENSITIVE__Robinson_Stephen_SoS_decision.pdf-For these reasons, I have concluded that a prohibition order is proportionate and in the ./_OFFICIAL_SENSITIVE__Robinson_Stephen_SoS_decision.pdf-public interest in order to achieve the intended aims of a prohibition order. ./_OFFICIAL_SENSITIVE__Robinson_Stephen_SoS_decision.pdf- ./_OFFICIAL_SENSITIVE__Robinson_Stephen_SoS_decision.pdf-I have gone on to consider the matter of a review period. In this case, the panel has ./_OFFICIAL_SENSITIVE__Robinson_Stephen_SoS_decision.pdf-recommended that no provision should be made for a review period. ./_OFFICIAL_SENSITIVE__Robinson_Stephen_SoS_decision.pdf- ./_OFFICIAL_SENSITIVE__Robinson_Stephen_SoS_decision.pdf-I have considered the panel’s comments “The Advice indicates that there are behaviours ./_OFFICIAL_SENSITIVE__Robinson_Stephen_SoS_decision.pdf-that, if proved, would militate against the recommendation of a review period. One of ./_OFFICIAL_SENSITIVE__Robinson_Stephen_SoS_decision.pdf:these behaviours include any sexual misconduct involving a child. The panel found that ./_OFFICIAL_SENSITIVE__Robinson_Stephen_SoS_decision.pdf:Mr Robinson had been convicted of a sexual offence relating to a child, which indicates ./_OFFICIAL_SENSITIVE__Robinson_Stephen_SoS_decision.pdf-there should be no review period.” ./_OFFICIAL_SENSITIVE__Robinson_Stephen_SoS_decision.pdf- ./_OFFICIAL_SENSITIVE__Robinson_Stephen_SoS_decision.pdf-In this case, factors mean that allowing a review period is not sufficient to achieve the ./_OFFICIAL_SENSITIVE__Robinson_Stephen_SoS_decision.pdf-aim of maintaining public confidence in the profession. These elements are the ./_OFFICIAL_SENSITIVE__Robinson_Stephen_SoS_decision.pdf-seriousness of the findings and lack of evidence of full insight. ./_OFFICIAL_SENSITIVE__Robinson_Stephen_SoS_decision.pdf- ./_OFFICIAL_SENSITIVE__Robinson_Stephen_SoS_decision.pdf-I consider therefore that allowing for no review period is necessary to maintain public ./_OFFICIAL_SENSITIVE__Robinson_Stephen_SoS_decision.pdf-confidence and is proportionate and in the public interest. ./_OFFICIAL_SENSITIVE__Robinson_Stephen_SoS_decision.pdf- ./_OFFICIAL_SENSITIVE__Robinson_Stephen_SoS_decision.pdf-This means that Mr Stephen Robinson is prohibited from teaching indefinitely and ./_OFFICIAL_SENSITIVE__Scott_Paul_SOS_Decision_NEW_VERSION_2.pdf- ./_OFFICIAL_SENSITIVE__Scott_Paul_SOS_Decision_NEW_VERSION_2.pdf- a. Made comments to one or more female members of staff regarding their ./_OFFICIAL_SENSITIVE__Scott_Paul_SOS_Decision_NEW_VERSION_2.pdf- appearance and/or what they were wearing, by making one or more of the ./_OFFICIAL_SENSITIVE__Scott_Paul_SOS_Decision_NEW_VERSION_2.pdf- comments set out in the attached schedule; ./_OFFICIAL_SENSITIVE__Scott_Paul_SOS_Decision_NEW_VERSION_2.pdf- ./_OFFICIAL_SENSITIVE__Scott_Paul_SOS_Decision_NEW_VERSION_2.pdf- b. Made comments to one or more female members of staff in relation to ./_OFFICIAL_SENSITIVE__Scott_Paul_SOS_Decision_NEW_VERSION_2.pdf- pregnancy, by making one or more of the comments set out in the attached ./_OFFICIAL_SENSITIVE__Scott_Paul_SOS_Decision_NEW_VERSION_2.pdf- schedule; ./_OFFICIAL_SENSITIVE__Scott_Paul_SOS_Decision_NEW_VERSION_2.pdf- ./_OFFICIAL_SENSITIVE__Scott_Paul_SOS_Decision_NEW_VERSION_2.pdf- c. Made comments to one or more female members of staff of a suggestive ./_OFFICIAL_SENSITIVE__Scott_Paul_SOS_Decision_NEW_VERSION_2.pdf: and/or sexual nature, by making one or more of the comments set out in the ./_OFFICIAL_SENSITIVE__Scott_Paul_SOS_Decision_NEW_VERSION_2.pdf- attached schedule; ./_OFFICIAL_SENSITIVE__Scott_Paul_SOS_Decision_NEW_VERSION_2.pdf- ./_OFFICIAL_SENSITIVE__Scott_Paul_SOS_Decision_NEW_VERSION_2.pdf- d. Made comments referring to others in a derogatory way, by making one or ./_OFFICIAL_SENSITIVE__Scott_Paul_SOS_Decision_NEW_VERSION_2.pdf- more of the comments set out in the attached schedule; ./_OFFICIAL_SENSITIVE__Scott_Paul_SOS_Decision_NEW_VERSION_2.pdf- ./_OFFICIAL_SENSITIVE__Scott_Paul_SOS_Decision_NEW_VERSION_2.pdf-2. Made inappropriate physical contact with other staff members, by engaging in one ./_OFFICIAL_SENSITIVE__Scott_Paul_SOS_Decision_NEW_VERSION_2.pdf- or more of the behaviours described in the attached schedule. ./_OFFICIAL_SENSITIVE__Scott_Paul_SOS_Decision_NEW_VERSION_2.pdf- ./_OFFICIAL_SENSITIVE__Scott_Paul_SOS_Decision_NEW_VERSION_2.pdf-3. His behaviour as may be found proven at allegation 1 and/or 2 with respect to ./_OFFICIAL_SENSITIVE__Scott_Paul_SOS_Decision_NEW_VERSION_2.pdf: Staff Member 008 and/or Staff Member 009 constituted sexual harassment. ./_OFFICIAL_SENSITIVE__Scott_Paul_SOS_Decision_NEW_VERSION_2.pdf- ./_OFFICIAL_SENSITIVE__Scott_Paul_SOS_Decision_NEW_VERSION_2.pdf-4. Failed to carry out his safeguarding responsibilities as Headteacher and ./_OFFICIAL_SENSITIVE__Scott_Paul_SOS_Decision_NEW_VERSION_2.pdf- Designated Safeguarding Lead, adequately or at all, on one or more occasions, in ./_OFFICIAL_SENSITIVE__Scott_Paul_SOS_Decision_NEW_VERSION_2.pdf- that he; ./_OFFICIAL_SENSITIVE__Scott_Paul_SOS_Decision_NEW_VERSION_2.pdf- ./_OFFICIAL_SENSITIVE__Scott_Paul_SOS_Decision_NEW_VERSION_2.pdf- a. Failed to acknowledge and/or deal in a timely and/or appropriate manner ./_OFFICIAL_SENSITIVE__Scott_Paul_SOS_Decision_NEW_VERSION_2.pdf- with concerns reported either directly to him or via the School's ./_OFFICIAL_SENSITIVE__Scott_Paul_SOS_Decision_NEW_VERSION_2.pdf- safeguarding system, including but not limited to the incident relating to ./_OFFICIAL_SENSITIVE__Scott_Paul_SOS_Decision_NEW_VERSION_2.pdf- Pupil A and Individual E in March 2019; ./_OFFICIAL_SENSITIVE__Scott_Paul_SOS_Decision_NEW_VERSION_2.pdf- -- ./_OFFICIAL_SENSITIVE__Scott_Paul_SOS_Decision_NEW_VERSION_2.pdf-Misconduct: disciplinary procedures for the teaching profession' ("the Procedures"). ./_OFFICIAL_SENSITIVE__Scott_Paul_SOS_Decision_NEW_VERSION_2.pdf- ./_OFFICIAL_SENSITIVE__Scott_Paul_SOS_Decision_NEW_VERSION_2.pdf-On behalf of the TRA, it was submitted that anonymity was necessary and appropriate, in ./_OFFICIAL_SENSITIVE__Scott_Paul_SOS_Decision_NEW_VERSION_2.pdf-the specific circumstances of this case, to ensure that the witnesses were in the best ./_OFFICIAL_SENSITIVE__Scott_Paul_SOS_Decision_NEW_VERSION_2.pdf-position possible to provide their evidence openly to the panel. ./_OFFICIAL_SENSITIVE__Scott_Paul_SOS_Decision_NEW_VERSION_2.pdf- ./_OFFICIAL_SENSITIVE__Scott_Paul_SOS_Decision_NEW_VERSION_2.pdf-It was further submitted that this did not prejudice Mr Scott and nor was it contrary to the ./_OFFICIAL_SENSITIVE__Scott_Paul_SOS_Decision_NEW_VERSION_2.pdf-public interest. ./_OFFICIAL_SENSITIVE__Scott_Paul_SOS_Decision_NEW_VERSION_2.pdf- ./_OFFICIAL_SENSITIVE__Scott_Paul_SOS_Decision_NEW_VERSION_2.pdf-With specific reference to Staff Member 8 and Staff Member 9, reference was also made ./_OFFICIAL_SENSITIVE__Scott_Paul_SOS_Decision_NEW_VERSION_2.pdf:to the fact that they were the alleged victims of behaviour said to amount to sexual ./_OFFICIAL_SENSITIVE__Scott_Paul_SOS_Decision_NEW_VERSION_2.pdf-harassment. It was suggested that they should, therefore, be considered as vulnerable ./_OFFICIAL_SENSITIVE__Scott_Paul_SOS_Decision_NEW_VERSION_2.pdf-and this necessitated anonymisation. ./_OFFICIAL_SENSITIVE__Scott_Paul_SOS_Decision_NEW_VERSION_2.pdf- ./_OFFICIAL_SENSITIVE__Scott_Paul_SOS_Decision_NEW_VERSION_2.pdf-Mr Scott did not object to the application. ./_OFFICIAL_SENSITIVE__Scott_Paul_SOS_Decision_NEW_VERSION_2.pdf- ./_OFFICIAL_SENSITIVE__Scott_Paul_SOS_Decision_NEW_VERSION_2.pdf-However, in addressing the panel, Mr Scott suggested that, were the application to be ./_OFFICIAL_SENSITIVE__Scott_Paul_SOS_Decision_NEW_VERSION_2.pdf-allowed, it would mean that he would be treated differently to the witnesses. He would be ./_OFFICIAL_SENSITIVE__Scott_Paul_SOS_Decision_NEW_VERSION_2.pdf-named whereas the witnesses, who were his accusers, would not be. Mr Scott thereby ./_OFFICIAL_SENSITIVE__Scott_Paul_SOS_Decision_NEW_VERSION_2.pdf-queried the fairness of making such a distinction. ./_OFFICIAL_SENSITIVE__Scott_Paul_SOS_Decision_NEW_VERSION_2.pdf- ./_OFFICIAL_SENSITIVE__Scott_Paul_SOS_Decision_NEW_VERSION_2.pdf-Having carefully considered the information before it and the parties' submissions, the ./_OFFICIAL_SENSITIVE__Scott_Paul_SOS_Decision_NEW_VERSION_2.pdf-panel agreed to the application for anonymisation in relation to Staff Member 8 and Staff ./_OFFICIAL_SENSITIVE__Scott_Paul_SOS_Decision_NEW_VERSION_2.pdf-Member 9 only. ./_OFFICIAL_SENSITIVE__Scott_Paul_SOS_Decision_NEW_VERSION_2.pdf- ./_OFFICIAL_SENSITIVE__Scott_Paul_SOS_Decision_NEW_VERSION_2.pdf-It followed that it decided the remaining TRA witnesses should not be anonymised. ./_OFFICIAL_SENSITIVE__Scott_Paul_SOS_Decision_NEW_VERSION_2.pdf- ./_OFFICIAL_SENSITIVE__Scott_Paul_SOS_Decision_NEW_VERSION_2.pdf-In relation to Staff Member 8 and Staff Member 9, the allegations their evidence ./_OFFICIAL_SENSITIVE__Scott_Paul_SOS_Decision_NEW_VERSION_2.pdf-addressed included that they were, allegedly, subject to unwanted attention in the form of ./_OFFICIAL_SENSITIVE__Scott_Paul_SOS_Decision_NEW_VERSION_2.pdf:comments of a sexual nature, in a broad sense, and physical contact. It was further ./_OFFICIAL_SENSITIVE__Scott_Paul_SOS_Decision_NEW_VERSION_2.pdf:alleged that these actions constituted sexual harassment. ./_OFFICIAL_SENSITIVE__Scott_Paul_SOS_Decision_NEW_VERSION_2.pdf- ./_OFFICIAL_SENSITIVE__Scott_Paul_SOS_Decision_NEW_VERSION_2.pdf-In the specific circumstances of this case, the panel concluded that this warranted a ./_OFFICIAL_SENSITIVE__Scott_Paul_SOS_Decision_NEW_VERSION_2.pdf-departure from the principle of open justice whereby both individuals should be ./_OFFICIAL_SENSITIVE__Scott_Paul_SOS_Decision_NEW_VERSION_2.pdf-anonymised. They were the alleged victims of this unwanted behaviour and the panel ./_OFFICIAL_SENSITIVE__Scott_Paul_SOS_Decision_NEW_VERSION_2.pdf-concluded, on balance, that this direction was appropriate and necessary. ./_OFFICIAL_SENSITIVE__Scott_Paul_SOS_Decision_NEW_VERSION_2.pdf- ./_OFFICIAL_SENSITIVE__Scott_Paul_SOS_Decision_NEW_VERSION_2.pdf-However, the panel arrived at a different conclusion in relation to the other witnesses. ./_OFFICIAL_SENSITIVE__Scott_Paul_SOS_Decision_NEW_VERSION_2.pdf- ./_OFFICIAL_SENSITIVE__Scott_Paul_SOS_Decision_NEW_VERSION_2.pdf-In short, it was not persuaded that, in relation to any of these individuals, there was a ./_OFFICIAL_SENSITIVE__Scott_Paul_SOS_Decision_NEW_VERSION_2.pdf-good reason to depart from the presumption that hearings will take place in public and -- ./_OFFICIAL_SENSITIVE__Scott_Paul_SOS_Decision_NEW_VERSION_2.pdf-The panel noted that some of the witnesses were the alleged recipients of comments that ./_OFFICIAL_SENSITIVE__Scott_Paul_SOS_Decision_NEW_VERSION_2.pdf:included sexual elements. The Procedures support the fact that allegations of a sexual ./_OFFICIAL_SENSITIVE__Scott_Paul_SOS_Decision_NEW_VERSION_2.pdf-nature may warrant special consideration when witnesses are the alleged victims. ./_OFFICIAL_SENSITIVE__Scott_Paul_SOS_Decision_NEW_VERSION_2.pdf- ./_OFFICIAL_SENSITIVE__Scott_Paul_SOS_Decision_NEW_VERSION_2.pdf:However, the panel recognised that there is a spectrum of sexual misconduct. Other than ./_OFFICIAL_SENSITIVE__Scott_Paul_SOS_Decision_NEW_VERSION_2.pdf-in relation to Staff Member 8 and Staff Member 9, the panel did not consider that the ./_OFFICIAL_SENSITIVE__Scott_Paul_SOS_Decision_NEW_VERSION_2.pdf-nature of the allegations could be said to fall at the most serious end of that spectrum ./_OFFICIAL_SENSITIVE__Scott_Paul_SOS_Decision_NEW_VERSION_2.pdf-and nor did they warrant any other staff members being considered as victims. Mr Scott's ./_OFFICIAL_SENSITIVE__Scott_Paul_SOS_Decision_NEW_VERSION_2.pdf:conduct was not alleged to amount to sexual harassment in relation to anyone else other ./_OFFICIAL_SENSITIVE__Scott_Paul_SOS_Decision_NEW_VERSION_2.pdf-than Staff Member 8 and Staff Member 9. ./_OFFICIAL_SENSITIVE__Scott_Paul_SOS_Decision_NEW_VERSION_2.pdf- ./_OFFICIAL_SENSITIVE__Scott_Paul_SOS_Decision_NEW_VERSION_2.pdf-In all the circumstances, the panel was not persuaded that these other witnesses would ./_OFFICIAL_SENSITIVE__Scott_Paul_SOS_Decision_NEW_VERSION_2.pdf-feel inhibited from speaking freely, due to the nature of these allegations. There was no ./_OFFICIAL_SENSITIVE__Scott_Paul_SOS_Decision_NEW_VERSION_2.pdf-evidence they had positively sought to be anonymised or requested any other special ./_OFFICIAL_SENSITIVE__Scott_Paul_SOS_Decision_NEW_VERSION_2.pdf-measures. ./_OFFICIAL_SENSITIVE__Scott_Paul_SOS_Decision_NEW_VERSION_2.pdf- ./_OFFICIAL_SENSITIVE__Scott_Paul_SOS_Decision_NEW_VERSION_2.pdf-The panel accordingly directed that Staff Member 8 and Staff Member 9 should be ./_OFFICIAL_SENSITIVE__Scott_Paul_SOS_Decision_NEW_VERSION_2.pdf-anonymised for the purposes of this hearing. ./_OFFICIAL_SENSITIVE__Scott_Paul_SOS_Decision_NEW_VERSION_2.pdf- -- ./_OFFICIAL_SENSITIVE__Scott_Paul_SOS_Decision_NEW_VERSION_2.pdf- ./_OFFICIAL_SENSITIVE__Scott_Paul_SOS_Decision_NEW_VERSION_2.pdf- • Witness B ./_OFFICIAL_SENSITIVE__Scott_Paul_SOS_Decision_NEW_VERSION_2.pdf- ./_OFFICIAL_SENSITIVE__Scott_Paul_SOS_Decision_NEW_VERSION_2.pdf- • Witness C ./_OFFICIAL_SENSITIVE__Scott_Paul_SOS_Decision_NEW_VERSION_2.pdf- ./_OFFICIAL_SENSITIVE__Scott_Paul_SOS_Decision_NEW_VERSION_2.pdf- • Staff Member 8; and ./_OFFICIAL_SENSITIVE__Scott_Paul_SOS_Decision_NEW_VERSION_2.pdf- ./_OFFICIAL_SENSITIVE__Scott_Paul_SOS_Decision_NEW_VERSION_2.pdf- • Staff Member 9. ./_OFFICIAL_SENSITIVE__Scott_Paul_SOS_Decision_NEW_VERSION_2.pdf- ./_OFFICIAL_SENSITIVE__Scott_Paul_SOS_Decision_NEW_VERSION_2.pdf-The application was on the specific and limited basis that the evidence from these ./_OFFICIAL_SENSITIVE__Scott_Paul_SOS_Decision_NEW_VERSION_2.pdf:witnesses addressed allegations of a sexual nature and they should not, as a ./_OFFICIAL_SENSITIVE__Scott_Paul_SOS_Decision_NEW_VERSION_2.pdf-consequence, be directly questioned by Mr Scott. Mr Scott was representing himself in ./_OFFICIAL_SENSITIVE__Scott_Paul_SOS_Decision_NEW_VERSION_2.pdf-these proceedings. ./_OFFICIAL_SENSITIVE__Scott_Paul_SOS_Decision_NEW_VERSION_2.pdf- ./_OFFICIAL_SENSITIVE__Scott_Paul_SOS_Decision_NEW_VERSION_2.pdf-To address the latter concern, two suggestions were put forward in terms of special ./_OFFICIAL_SENSITIVE__Scott_Paul_SOS_Decision_NEW_VERSION_2.pdf-measures: ./_OFFICIAL_SENSITIVE__Scott_Paul_SOS_Decision_NEW_VERSION_2.pdf- ./_OFFICIAL_SENSITIVE__Scott_Paul_SOS_Decision_NEW_VERSION_2.pdf- • That the panel and/or legal adviser ask any questions Mr Scott wished to put to ./_OFFICIAL_SENSITIVE__Scott_Paul_SOS_Decision_NEW_VERSION_2.pdf- the witnesses on his behalf; or ./_OFFICIAL_SENSITIVE__Scott_Paul_SOS_Decision_NEW_VERSION_2.pdf- ./_OFFICIAL_SENSITIVE__Scott_Paul_SOS_Decision_NEW_VERSION_2.pdf- • An independent advocate be appointed to perform the task of asking questions ./_OFFICIAL_SENSITIVE__Scott_Paul_SOS_Decision_NEW_VERSION_2.pdf- and arrangements had been made on a pre-emptive basis to facilitate that. ./_OFFICIAL_SENSITIVE__Scott_Paul_SOS_Decision_NEW_VERSION_2.pdf- ./_OFFICIAL_SENSITIVE__Scott_Paul_SOS_Decision_NEW_VERSION_2.pdf-For the same reasons as outlined in relation to the application for anonymity, the panel ./_OFFICIAL_SENSITIVE__Scott_Paul_SOS_Decision_NEW_VERSION_2.pdf-was satisfied that Staff Member 8 and Staff Member 9 should be deemed vulnerable due ./_OFFICIAL_SENSITIVE__Scott_Paul_SOS_Decision_NEW_VERSION_2.pdf-to the nature of the allegations their evidence addressed. ./_OFFICIAL_SENSITIVE__Scott_Paul_SOS_Decision_NEW_VERSION_2.pdf- ./_OFFICIAL_SENSITIVE__Scott_Paul_SOS_Decision_NEW_VERSION_2.pdf-In relation to Witness A, Witness B and Witness C, the panel was not satisfied that ./_OFFICIAL_SENSITIVE__Scott_Paul_SOS_Decision_NEW_VERSION_2.pdf-anonymity was appropriate or necessary. Nonetheless, on balance, it was satisfied that ./_OFFICIAL_SENSITIVE__Scott_Paul_SOS_Decision_NEW_VERSION_2.pdf:given the nature of their evidence, which did include sexual elements, there was a real ./_OFFICIAL_SENSITIVE__Scott_Paul_SOS_Decision_NEW_VERSION_2.pdf-prospect that direct questioning by Mr Scott would be likely to adversely affect the quality ./_OFFICIAL_SENSITIVE__Scott_Paul_SOS_Decision_NEW_VERSION_2.pdf-of their evidence. Whilst it was not apparent that this had been suggested to date, the ./_OFFICIAL_SENSITIVE__Scott_Paul_SOS_Decision_NEW_VERSION_2.pdf-panel also considered that these events could give rise to feelings of intimidation on the ./_OFFICIAL_SENSITIVE__Scott_Paul_SOS_Decision_NEW_VERSION_2.pdf-part of the witnesses if, during their evidence, they were directly questioned by Mr Scott ./_OFFICIAL_SENSITIVE__Scott_Paul_SOS_Decision_NEW_VERSION_2.pdf-about them. ./_OFFICIAL_SENSITIVE__Scott_Paul_SOS_Decision_NEW_VERSION_2.pdf- ./_OFFICIAL_SENSITIVE__Scott_Paul_SOS_Decision_NEW_VERSION_2.pdf- ./_OFFICIAL_SENSITIVE__Scott_Paul_SOS_Decision_NEW_VERSION_2.pdf- ./_OFFICIAL_SENSITIVE__Scott_Paul_SOS_Decision_NEW_VERSION_2.pdf- ./_OFFICIAL_SENSITIVE__Scott_Paul_SOS_Decision_NEW_VERSION_2.pdf- 8 -- ./_OFFICIAL_SENSITIVE__Scott_Paul_SOS_Decision_NEW_VERSION_2.pdf-intentions and [redacted], was certainly unprofessional in the view of the panel. ./_OFFICIAL_SENSITIVE__Scott_Paul_SOS_Decision_NEW_VERSION_2.pdf- ./_OFFICIAL_SENSITIVE__Scott_Paul_SOS_Decision_NEW_VERSION_2.pdf-In relation to comment iv, which Mr Scott himself accepted was inappropriate, the panel ./_OFFICIAL_SENSITIVE__Scott_Paul_SOS_Decision_NEW_VERSION_2.pdf-considered this to be derogatory and demeaning as well as being inappropriate and ./_OFFICIAL_SENSITIVE__Scott_Paul_SOS_Decision_NEW_VERSION_2.pdf-unprofessional. Whether or not Mr Scott intended it as such, the inference was that ./_OFFICIAL_SENSITIVE__Scott_Paul_SOS_Decision_NEW_VERSION_2.pdf-Witness G had allowed her decisions and actions [redacted]. ./_OFFICIAL_SENSITIVE__Scott_Paul_SOS_Decision_NEW_VERSION_2.pdf- ./_OFFICIAL_SENSITIVE__Scott_Paul_SOS_Decision_NEW_VERSION_2.pdf-The panel therefore found allegation 1(b) proved on the specific basis set out. ./_OFFICIAL_SENSITIVE__Scott_Paul_SOS_Decision_NEW_VERSION_2.pdf- ./_OFFICIAL_SENSITIVE__Scott_Paul_SOS_Decision_NEW_VERSION_2.pdf- c. Made comments to one or more female members of staff of a ./_OFFICIAL_SENSITIVE__Scott_Paul_SOS_Decision_NEW_VERSION_2.pdf: suggestive and/or sexual nature, by making one or more of the ./_OFFICIAL_SENSITIVE__Scott_Paul_SOS_Decision_NEW_VERSION_2.pdf- comments set out in the attached schedule; ./_OFFICIAL_SENSITIVE__Scott_Paul_SOS_Decision_NEW_VERSION_2.pdf- ./_OFFICIAL_SENSITIVE__Scott_Paul_SOS_Decision_NEW_VERSION_2.pdf-The panel heard evidence from a number of witnesses in relation to various comments, ./_OFFICIAL_SENSITIVE__Scott_Paul_SOS_Decision_NEW_VERSION_2.pdf:alleged to have been made by Mr Scott, which were said to be of a suggestive or sexual ./_OFFICIAL_SENSITIVE__Scott_Paul_SOS_Decision_NEW_VERSION_2.pdf-nature. ./_OFFICIAL_SENSITIVE__Scott_Paul_SOS_Decision_NEW_VERSION_2.pdf- ./_OFFICIAL_SENSITIVE__Scott_Paul_SOS_Decision_NEW_VERSION_2.pdf-Witness B gave evidence about an incident that happened in early 2019, [redacted]. ./_OFFICIAL_SENSITIVE__Scott_Paul_SOS_Decision_NEW_VERSION_2.pdf-Witness B stated that Ms Scott came to her office and said "if you're struggling I'm happy ./_OFFICIAL_SENSITIVE__Scott_Paul_SOS_Decision_NEW_VERSION_2.pdf-to rub your chest", before walking out briefly then returning and adding, "it is a genuine ./_OFFICIAL_SENSITIVE__Scott_Paul_SOS_Decision_NEW_VERSION_2.pdf-offer". ./_OFFICIAL_SENSITIVE__Scott_Paul_SOS_Decision_NEW_VERSION_2.pdf- ./_OFFICIAL_SENSITIVE__Scott_Paul_SOS_Decision_NEW_VERSION_2.pdf-Witness B confirmed that the comment was made in a light-hearted way; Mr Scott smiled ./_OFFICIAL_SENSITIVE__Scott_Paul_SOS_Decision_NEW_VERSION_2.pdf-as he said it and "kind of half-laughed". Witness B stated she did not say anything in ./_OFFICIAL_SENSITIVE__Scott_Paul_SOS_Decision_NEW_VERSION_2.pdf-response and laughed the incident off, because she was embarrassed and felt -- ./_OFFICIAL_SENSITIVE__Scott_Paul_SOS_Decision_NEW_VERSION_2.pdf-Scott entered the room, stood with Witness A and stated words to the effect of: ./_OFFICIAL_SENSITIVE__Scott_Paul_SOS_Decision_NEW_VERSION_2.pdf- ./_OFFICIAL_SENSITIVE__Scott_Paul_SOS_Decision_NEW_VERSION_2.pdf- “They’re a nice pair of guinea pigs, I’d like to give them a squeeze." ./_OFFICIAL_SENSITIVE__Scott_Paul_SOS_Decision_NEW_VERSION_2.pdf- ./_OFFICIAL_SENSITIVE__Scott_Paul_SOS_Decision_NEW_VERSION_2.pdf-In addition, she stated that there were several occasions when Mr Scott made comments ./_OFFICIAL_SENSITIVE__Scott_Paul_SOS_Decision_NEW_VERSION_2.pdf-to her about [redacted]. In the Schedule, these comments were wrongly attributed to ./_OFFICIAL_SENSITIVE__Scott_Paul_SOS_Decision_NEW_VERSION_2.pdf-Witness C as the suggested recipient. ./_OFFICIAL_SENSITIVE__Scott_Paul_SOS_Decision_NEW_VERSION_2.pdf- ./_OFFICIAL_SENSITIVE__Scott_Paul_SOS_Decision_NEW_VERSION_2.pdf-In Staff Member 8's evidence to the panel, she addressed a number of incidents when ./_OFFICIAL_SENSITIVE__Scott_Paul_SOS_Decision_NEW_VERSION_2.pdf-she asserted Mr Scott made several comments to her that were alleged to be of a ./_OFFICIAL_SENSITIVE__Scott_Paul_SOS_Decision_NEW_VERSION_2.pdf:suggestive or sexual nature. Specifically: ./_OFFICIAL_SENSITIVE__Scott_Paul_SOS_Decision_NEW_VERSION_2.pdf- ./_OFFICIAL_SENSITIVE__Scott_Paul_SOS_Decision_NEW_VERSION_2.pdf- • During Mr Scott's first year, around springtime, she went to see Mr Scott to ask ./_OFFICIAL_SENSITIVE__Scott_Paul_SOS_Decision_NEW_VERSION_2.pdf- him what she needed to do to get onto the upper pay scale (UPS). Mr Scott was ./_OFFICIAL_SENSITIVE__Scott_Paul_SOS_Decision_NEW_VERSION_2.pdf- her performance manager. Staff Member 9 provided the following account of their ./_OFFICIAL_SENSITIVE__Scott_Paul_SOS_Decision_NEW_VERSION_2.pdf- discussion, which she stated took place in Mr Scott's office with the door closed: ./_OFFICIAL_SENSITIVE__Scott_Paul_SOS_Decision_NEW_VERSION_2.pdf- ./_OFFICIAL_SENSITIVE__Scott_Paul_SOS_Decision_NEW_VERSION_2.pdf- "… he said “Well it would be a really good idea to get me to notice you”. He ./_OFFICIAL_SENSITIVE__Scott_Paul_SOS_Decision_NEW_VERSION_2.pdf- paused and I was expecting him to go on to tell me what sort of projects or things I ./_OFFICIAL_SENSITIVE__Scott_Paul_SOS_Decision_NEW_VERSION_2.pdf- could do, but he continued by saying “Seeing you in your underwear would be a ./_OFFICIAL_SENSITIVE__Scott_Paul_SOS_Decision_NEW_VERSION_2.pdf- really good start”. I was so embarrassed. You always think ‘I wonder what I will -- ./_OFFICIAL_SENSITIVE__Scott_Paul_SOS_Decision_NEW_VERSION_2.pdf- Scott made a comment to the effect of, “well [Staff Member 8] I think about your ./_OFFICIAL_SENSITIVE__Scott_Paul_SOS_Decision_NEW_VERSION_2.pdf- wild side quite a bit”. ./_OFFICIAL_SENSITIVE__Scott_Paul_SOS_Decision_NEW_VERSION_2.pdf- ./_OFFICIAL_SENSITIVE__Scott_Paul_SOS_Decision_NEW_VERSION_2.pdf- • Following an incident when a pupil swept books from a desk and one hit her near ./_OFFICIAL_SENSITIVE__Scott_Paul_SOS_Decision_NEW_VERSION_2.pdf- the eye and she reported it to Mr Scott, he made a comment to the effect of, “don’t ./_OFFICIAL_SENSITIVE__Scott_Paul_SOS_Decision_NEW_VERSION_2.pdf- worry, I’m here to offer tender kisses”. ./_OFFICIAL_SENSITIVE__Scott_Paul_SOS_Decision_NEW_VERSION_2.pdf- ./_OFFICIAL_SENSITIVE__Scott_Paul_SOS_Decision_NEW_VERSION_2.pdf-Once again, Mr Scott accepted making some of these comments as particularised in the ./_OFFICIAL_SENSITIVE__Scott_Paul_SOS_Decision_NEW_VERSION_2.pdf-Schedule. ./_OFFICIAL_SENSITIVE__Scott_Paul_SOS_Decision_NEW_VERSION_2.pdf- ./_OFFICIAL_SENSITIVE__Scott_Paul_SOS_Decision_NEW_VERSION_2.pdf:Initially, Mr Scott denied, in context, that they were in any way suggestive, of a sexual ./_OFFICIAL_SENSITIVE__Scott_Paul_SOS_Decision_NEW_VERSION_2.pdf-nature or otherwise unprofessional or inappropriate. However, Mr Scott made some ./_OFFICIAL_SENSITIVE__Scott_Paul_SOS_Decision_NEW_VERSION_2.pdf-concessions during the course of his evidence, which are addressed below. ./_OFFICIAL_SENSITIVE__Scott_Paul_SOS_Decision_NEW_VERSION_2.pdf- ./_OFFICIAL_SENSITIVE__Scott_Paul_SOS_Decision_NEW_VERSION_2.pdf-The admitted comments were as follows: ./_OFFICIAL_SENSITIVE__Scott_Paul_SOS_Decision_NEW_VERSION_2.pdf- ./_OFFICIAL_SENSITIVE__Scott_Paul_SOS_Decision_NEW_VERSION_2.pdf- • Telling Witness B “if you’re struggling, I’m happy to rub your chest” and ./_OFFICIAL_SENSITIVE__Scott_Paul_SOS_Decision_NEW_VERSION_2.pdf- commenting that it “was a genuine offer”. Mr Scott stated that this comment was ./_OFFICIAL_SENSITIVE__Scott_Paul_SOS_Decision_NEW_VERSION_2.pdf- made to someone he regarded as a close friend as well as a colleague. However, ./_OFFICIAL_SENSITIVE__Scott_Paul_SOS_Decision_NEW_VERSION_2.pdf- in oral evidence, on reflection, he accepted that this was suggestive, was not ./_OFFICIAL_SENSITIVE__Scott_Paul_SOS_Decision_NEW_VERSION_2.pdf- appropriate and could have caused offence. -- ./_OFFICIAL_SENSITIVE__Scott_Paul_SOS_Decision_NEW_VERSION_2.pdf- evidence to the panel, Mr Scott accepted that this could have been interpreted as ./_OFFICIAL_SENSITIVE__Scott_Paul_SOS_Decision_NEW_VERSION_2.pdf- inappropriate and insensitive, even though that was not his intention at the time. ./_OFFICIAL_SENSITIVE__Scott_Paul_SOS_Decision_NEW_VERSION_2.pdf- ./_OFFICIAL_SENSITIVE__Scott_Paul_SOS_Decision_NEW_VERSION_2.pdf- • Telling Staff Member 8 “don’t worry, I’m here to offer tender kisses”, in response to ./_OFFICIAL_SENSITIVE__Scott_Paul_SOS_Decision_NEW_VERSION_2.pdf- her reporting that she had been injured. Mr Scott stated that this comment was ./_OFFICIAL_SENSITIVE__Scott_Paul_SOS_Decision_NEW_VERSION_2.pdf- made in the context of a genuine query about her wellbeing and he was not being ./_OFFICIAL_SENSITIVE__Scott_Paul_SOS_Decision_NEW_VERSION_2.pdf- flippant. ./_OFFICIAL_SENSITIVE__Scott_Paul_SOS_Decision_NEW_VERSION_2.pdf- ./_OFFICIAL_SENSITIVE__Scott_Paul_SOS_Decision_NEW_VERSION_2.pdf-The panel accepted Mr Scott's admissions, which were consistent with the evidence from ./_OFFICIAL_SENSITIVE__Scott_Paul_SOS_Decision_NEW_VERSION_2.pdf-the TRA's witnesses. It therefore concluded that he did make each of the admitted ./_OFFICIAL_SENSITIVE__Scott_Paul_SOS_Decision_NEW_VERSION_2.pdf:comments. The panel was also satisfied that these were suggestive and/or of a sexual ./_OFFICIAL_SENSITIVE__Scott_Paul_SOS_Decision_NEW_VERSION_2.pdf-nature. ./_OFFICIAL_SENSITIVE__Scott_Paul_SOS_Decision_NEW_VERSION_2.pdf- ./_OFFICIAL_SENSITIVE__Scott_Paul_SOS_Decision_NEW_VERSION_2.pdf-In relation to the remaining comments, those numbered iii, iv and vi to x, Mr Scott denied ./_OFFICIAL_SENSITIVE__Scott_Paul_SOS_Decision_NEW_VERSION_2.pdf-or could not recall making any of these comments. ./_OFFICIAL_SENSITIVE__Scott_Paul_SOS_Decision_NEW_VERSION_2.pdf- ./_OFFICIAL_SENSITIVE__Scott_Paul_SOS_Decision_NEW_VERSION_2.pdf-Having carefully considered the evidence, on balance, the panel concluded that he did ./_OFFICIAL_SENSITIVE__Scott_Paul_SOS_Decision_NEW_VERSION_2.pdf-make them. ./_OFFICIAL_SENSITIVE__Scott_Paul_SOS_Decision_NEW_VERSION_2.pdf- ./_OFFICIAL_SENSITIVE__Scott_Paul_SOS_Decision_NEW_VERSION_2.pdf-To that extent, the panel preferred the accounts of the TRA's witnesses, as summarised ./_OFFICIAL_SENSITIVE__Scott_Paul_SOS_Decision_NEW_VERSION_2.pdf-above, to Mr Scott's evidence. The panel repeats its comments above, in allegation 1(a), -- ./_OFFICIAL_SENSITIVE__Scott_Paul_SOS_Decision_NEW_VERSION_2.pdf-As with the other witnesses, having regard to the degree of correlation and the ./_OFFICIAL_SENSITIVE__Scott_Paul_SOS_Decision_NEW_VERSION_2.pdf-consistency between the respective accounts, the panel could conceive of no plausible ./_OFFICIAL_SENSITIVE__Scott_Paul_SOS_Decision_NEW_VERSION_2.pdf-explanation as to why Staff Member 9 would seek to fabricate these incidents, having in ./_OFFICIAL_SENSITIVE__Scott_Paul_SOS_Decision_NEW_VERSION_2.pdf-mind that in certain respects Mr Scott himself did not challenge her evidence. ./_OFFICIAL_SENSITIVE__Scott_Paul_SOS_Decision_NEW_VERSION_2.pdf- ./_OFFICIAL_SENSITIVE__Scott_Paul_SOS_Decision_NEW_VERSION_2.pdf-Having concluded that each of these comments were made and that they were all ./_OFFICIAL_SENSITIVE__Scott_Paul_SOS_Decision_NEW_VERSION_2.pdf:suggestive and/or of a sexual nature, the panel went on to consider whether they were ./_OFFICIAL_SENSITIVE__Scott_Paul_SOS_Decision_NEW_VERSION_2.pdf-inappropriate and unprofessional and concluded that they were, with the exception of ./_OFFICIAL_SENSITIVE__Scott_Paul_SOS_Decision_NEW_VERSION_2.pdf-comment i in the Schedule. ./_OFFICIAL_SENSITIVE__Scott_Paul_SOS_Decision_NEW_VERSION_2.pdf- ./_OFFICIAL_SENSITIVE__Scott_Paul_SOS_Decision_NEW_VERSION_2.pdf-In relation to that comment, the panel was prepared to give Mr Scott the benefit of the ./_OFFICIAL_SENSITIVE__Scott_Paul_SOS_Decision_NEW_VERSION_2.pdf-doubt. It did not consider that the use of the word 'virgin', in that specific context, was ./_OFFICIAL_SENSITIVE__Scott_Paul_SOS_Decision_NEW_VERSION_2.pdf-necessarily inappropriate or unprofessional, even though it may have been interpreted as ./_OFFICIAL_SENSITIVE__Scott_Paul_SOS_Decision_NEW_VERSION_2.pdf-such. The panel did consider this was an instance of careless use of language. However, ./_OFFICIAL_SENSITIVE__Scott_Paul_SOS_Decision_NEW_VERSION_2.pdf-it concluded it was generally acceptable to use that the term in the context of an ./_OFFICIAL_SENSITIVE__Scott_Paul_SOS_Decision_NEW_VERSION_2.pdf-individual being new to a particular issue or task, for example, and was unlikely to cause ./_OFFICIAL_SENSITIVE__Scott_Paul_SOS_Decision_NEW_VERSION_2.pdf-particular offence, in isolation. ./_OFFICIAL_SENSITIVE__Scott_Paul_SOS_Decision_NEW_VERSION_2.pdf- ./_OFFICIAL_SENSITIVE__Scott_Paul_SOS_Decision_NEW_VERSION_2.pdf-In relation to the remaining comments, even if not intended to cause offence, they had no ./_OFFICIAL_SENSITIVE__Scott_Paul_SOS_Decision_NEW_VERSION_2.pdf-place in a school environment. Some were made in the presence of staff and pupils. ./_OFFICIAL_SENSITIVE__Scott_Paul_SOS_Decision_NEW_VERSION_2.pdf:Others had obvious sexual connotations and had the potential to cause offence and to ./_OFFICIAL_SENSITIVE__Scott_Paul_SOS_Decision_NEW_VERSION_2.pdf-make the recipients feel uncomfortable or embarrassed, which they clearly did in some ./_OFFICIAL_SENSITIVE__Scott_Paul_SOS_Decision_NEW_VERSION_2.pdf-instances. For example, in relation to comment iv, this was addressing a very private ./_OFFICIAL_SENSITIVE__Scott_Paul_SOS_Decision_NEW_VERSION_2.pdf-issue which Mr Scott should not have been attempting to treat flippantly. ./_OFFICIAL_SENSITIVE__Scott_Paul_SOS_Decision_NEW_VERSION_2.pdf- ./_OFFICIAL_SENSITIVE__Scott_Paul_SOS_Decision_NEW_VERSION_2.pdf-The comments concerning Staff Member 8 were particularly egregious, some in and of ./_OFFICIAL_SENSITIVE__Scott_Paul_SOS_Decision_NEW_VERSION_2.pdf-themselves but also when considered in totality having regard to the potential impact of ./_OFFICIAL_SENSITIVE__Scott_Paul_SOS_Decision_NEW_VERSION_2.pdf-what amounted to a pattern of behaviour towards her. ./_OFFICIAL_SENSITIVE__Scott_Paul_SOS_Decision_NEW_VERSION_2.pdf- ./_OFFICIAL_SENSITIVE__Scott_Paul_SOS_Decision_NEW_VERSION_2.pdf-The panel also repeats its comments in allegation 1(a), whereby comments of this nature ./_OFFICIAL_SENSITIVE__Scott_Paul_SOS_Decision_NEW_VERSION_2.pdf-facilitated a potentially hostile environment where female staff members were regularly -- ./_OFFICIAL_SENSITIVE__Scott_Paul_SOS_Decision_NEW_VERSION_2.pdf-Witness H gave evidence about an incident when, in the early stages of Mr Scott joining ./_OFFICIAL_SENSITIVE__Scott_Paul_SOS_Decision_NEW_VERSION_2.pdf-the School, whilst she was standing at the door of a classroom, Mr Scott came from ./_OFFICIAL_SENSITIVE__Scott_Paul_SOS_Decision_NEW_VERSION_2.pdf-behind her and held her back, towards her bottom, putting his arm around her. Witness H ./_OFFICIAL_SENSITIVE__Scott_Paul_SOS_Decision_NEW_VERSION_2.pdf-stated: ./_OFFICIAL_SENSITIVE__Scott_Paul_SOS_Decision_NEW_VERSION_2.pdf- ./_OFFICIAL_SENSITIVE__Scott_Paul_SOS_Decision_NEW_VERSION_2.pdf- "I didn’t say anything to Mr Scott. Mr Scott didn’t squeeze me, and it didn’t feel as ./_OFFICIAL_SENSITIVE__Scott_Paul_SOS_Decision_NEW_VERSION_2.pdf: though it was done in a sexual or bad way. I certainly didn’t think of it in that way, ./_OFFICIAL_SENSITIVE__Scott_Paul_SOS_Decision_NEW_VERSION_2.pdf- but it was very familiar and not very professional." ./_OFFICIAL_SENSITIVE__Scott_Paul_SOS_Decision_NEW_VERSION_2.pdf- ./_OFFICIAL_SENSITIVE__Scott_Paul_SOS_Decision_NEW_VERSION_2.pdf-Mr Scott accepted: ./_OFFICIAL_SENSITIVE__Scott_Paul_SOS_Decision_NEW_VERSION_2.pdf- ./_OFFICIAL_SENSITIVE__Scott_Paul_SOS_Decision_NEW_VERSION_2.pdf- • hugging Staff Member 8 and Staff Member 9 with his arm around them, from the ./_OFFICIAL_SENSITIVE__Scott_Paul_SOS_Decision_NEW_VERSION_2.pdf- side; and ./_OFFICIAL_SENSITIVE__Scott_Paul_SOS_Decision_NEW_VERSION_2.pdf- ./_OFFICIAL_SENSITIVE__Scott_Paul_SOS_Decision_NEW_VERSION_2.pdf- • placing and/or pulling [redacted] a staff member at the School, on to his knee, at ./_OFFICIAL_SENSITIVE__Scott_Paul_SOS_Decision_NEW_VERSION_2.pdf- an event in or around Christmas 2018. ./_OFFICIAL_SENSITIVE__Scott_Paul_SOS_Decision_NEW_VERSION_2.pdf- -- ./_OFFICIAL_SENSITIVE__Scott_Paul_SOS_Decision_NEW_VERSION_2.pdf- ./_OFFICIAL_SENSITIVE__Scott_Paul_SOS_Decision_NEW_VERSION_2.pdf-The panel agreed and found that, in relation to all of these incidents, as found proved, ./_OFFICIAL_SENSITIVE__Scott_Paul_SOS_Decision_NEW_VERSION_2.pdf-this contact was inappropriate. It was satisfied that in relation to each of these occasions, ./_OFFICIAL_SENSITIVE__Scott_Paul_SOS_Decision_NEW_VERSION_2.pdf-Mr Scott did not have consent from these staff members to act in this way. In relation to ./_OFFICIAL_SENSITIVE__Scott_Paul_SOS_Decision_NEW_VERSION_2.pdf-Staff Member 8 and Staff Member 9, they had clearly indicated that such contact was ./_OFFICIAL_SENSITIVE__Scott_Paul_SOS_Decision_NEW_VERSION_2.pdf-unwanted. ./_OFFICIAL_SENSITIVE__Scott_Paul_SOS_Decision_NEW_VERSION_2.pdf- ./_OFFICIAL_SENSITIVE__Scott_Paul_SOS_Decision_NEW_VERSION_2.pdf-The panel therefore found allegation 2 proved on this basis. ./_OFFICIAL_SENSITIVE__Scott_Paul_SOS_Decision_NEW_VERSION_2.pdf- ./_OFFICIAL_SENSITIVE__Scott_Paul_SOS_Decision_NEW_VERSION_2.pdf-3. Your behaviour as may be found proven at allegation 1 and/or 2 with respect ./_OFFICIAL_SENSITIVE__Scott_Paul_SOS_Decision_NEW_VERSION_2.pdf: to Staff Member 8 and/or Staff Member 9 constituted sexual harassment. ./_OFFICIAL_SENSITIVE__Scott_Paul_SOS_Decision_NEW_VERSION_2.pdf- ./_OFFICIAL_SENSITIVE__Scott_Paul_SOS_Decision_NEW_VERSION_2.pdf-Having found allegations 1(a) to (d) and 2 proved, with specific reference to its findings ./_OFFICIAL_SENSITIVE__Scott_Paul_SOS_Decision_NEW_VERSION_2.pdf-that related to Staff Member 8 and Staff Member 9, the panel went on to consider ./_OFFICIAL_SENSITIVE__Scott_Paul_SOS_Decision_NEW_VERSION_2.pdf:whether Mr Scott's actions constituted sexual harassment. ./_OFFICIAL_SENSITIVE__Scott_Paul_SOS_Decision_NEW_VERSION_2.pdf- ./_OFFICIAL_SENSITIVE__Scott_Paul_SOS_Decision_NEW_VERSION_2.pdf-This was denied by Mr Scott. ./_OFFICIAL_SENSITIVE__Scott_Paul_SOS_Decision_NEW_VERSION_2.pdf- ./_OFFICIAL_SENSITIVE__Scott_Paul_SOS_Decision_NEW_VERSION_2.pdf-In their evidence to the panel, Staff Member 8 and Staff Member 9 were both asked ./_OFFICIAL_SENSITIVE__Scott_Paul_SOS_Decision_NEW_VERSION_2.pdf-about their interpretation of Mr Scott's behaviour towards them. ./_OFFICIAL_SENSITIVE__Scott_Paul_SOS_Decision_NEW_VERSION_2.pdf- ./_OFFICIAL_SENSITIVE__Scott_Paul_SOS_Decision_NEW_VERSION_2.pdf:Staff Member 9 stated that the only incident that she considered to have a sexual ./_OFFICIAL_SENSITIVE__Scott_Paul_SOS_Decision_NEW_VERSION_2.pdf-element was when Mr Scott made contact with her when she was standing at a ./_OFFICIAL_SENSITIVE__Scott_Paul_SOS_Decision_NEW_VERSION_2.pdf-photocopier. ./_OFFICIAL_SENSITIVE__Scott_Paul_SOS_Decision_NEW_VERSION_2.pdf- ./_OFFICIAL_SENSITIVE__Scott_Paul_SOS_Decision_NEW_VERSION_2.pdf-In relation to this incident and more generally, she did not feel that her dignity had been ./_OFFICIAL_SENSITIVE__Scott_Paul_SOS_Decision_NEW_VERSION_2.pdf-violated by anything Mr Scott said or did. She confirmed that she did not feel intimidated, ./_OFFICIAL_SENSITIVE__Scott_Paul_SOS_Decision_NEW_VERSION_2.pdf-degraded, humiliated or offended in any respect, whether considered as individual ./_OFFICIAL_SENSITIVE__Scott_Paul_SOS_Decision_NEW_VERSION_2.pdf-elements or together. ./_OFFICIAL_SENSITIVE__Scott_Paul_SOS_Decision_NEW_VERSION_2.pdf- ./_OFFICIAL_SENSITIVE__Scott_Paul_SOS_Decision_NEW_VERSION_2.pdf- 31 ./_OFFICIAL_SENSITIVE__Scott_Paul_SOS_Decision_NEW_VERSION_2.pdf- -- ./_OFFICIAL_SENSITIVE__Scott_Paul_SOS_Decision_NEW_VERSION_2.pdf-Staff Member 9 expressly confirmed that she did not consider that Mr Scott's behaviour ./_OFFICIAL_SENSITIVE__Scott_Paul_SOS_Decision_NEW_VERSION_2.pdf:amounted to sexual harassment. ./_OFFICIAL_SENSITIVE__Scott_Paul_SOS_Decision_NEW_VERSION_2.pdf- ./_OFFICIAL_SENSITIVE__Scott_Paul_SOS_Decision_NEW_VERSION_2.pdf-Staff Member 9 did not allude to any longstanding effects in terms of Mr Scott's behaviour ./_OFFICIAL_SENSITIVE__Scott_Paul_SOS_Decision_NEW_VERSION_2.pdf-towards her. Her view of these events had not altered in terms of how she viewed Mr ./_OFFICIAL_SENSITIVE__Scott_Paul_SOS_Decision_NEW_VERSION_2.pdf-Scott's behaviour towards her. ./_OFFICIAL_SENSITIVE__Scott_Paul_SOS_Decision_NEW_VERSION_2.pdf- ./_OFFICIAL_SENSITIVE__Scott_Paul_SOS_Decision_NEW_VERSION_2.pdf-In contrast to Staff Member 9, Staff Member 8 found it difficult to address the specific ./_OFFICIAL_SENSITIVE__Scott_Paul_SOS_Decision_NEW_VERSION_2.pdf-events to which this allegation related and was visibly emotional in recounting them, ./_OFFICIAL_SENSITIVE__Scott_Paul_SOS_Decision_NEW_VERSION_2.pdf-which was entirely understandable. ./_OFFICIAL_SENSITIVE__Scott_Paul_SOS_Decision_NEW_VERSION_2.pdf- ./_OFFICIAL_SENSITIVE__Scott_Paul_SOS_Decision_NEW_VERSION_2.pdf-Staff Member 8 confirmed that she had a background in human resources and was ./_OFFICIAL_SENSITIVE__Scott_Paul_SOS_Decision_NEW_VERSION_2.pdf:therefore familiar with the notion of sexual harassment. ./_OFFICIAL_SENSITIVE__Scott_Paul_SOS_Decision_NEW_VERSION_2.pdf- ./_OFFICIAL_SENSITIVE__Scott_Paul_SOS_Decision_NEW_VERSION_2.pdf-Staff Member 8 stated that she did not consider Mr Scott's behaviour towards her to be ./_OFFICIAL_SENSITIVE__Scott_Paul_SOS_Decision_NEW_VERSION_2.pdf:sexual per se, but it did make her feel uncomfortable. ./_OFFICIAL_SENSITIVE__Scott_Paul_SOS_Decision_NEW_VERSION_2.pdf- ./_OFFICIAL_SENSITIVE__Scott_Paul_SOS_Decision_NEW_VERSION_2.pdf-Over and above the comments and physical contact, Staff Member 8 described how, in ./_OFFICIAL_SENSITIVE__Scott_Paul_SOS_Decision_NEW_VERSION_2.pdf-the course of some of these interactions, Mr Scott was staring at her top and, as a ./_OFFICIAL_SENSITIVE__Scott_Paul_SOS_Decision_NEW_VERSION_2.pdf-consequence, an obvious part of her anatomy. ./_OFFICIAL_SENSITIVE__Scott_Paul_SOS_Decision_NEW_VERSION_2.pdf- ./_OFFICIAL_SENSITIVE__Scott_Paul_SOS_Decision_NEW_VERSION_2.pdf-She stated this occurred on a least three occasions, one of which being the occasion ./_OFFICIAL_SENSITIVE__Scott_Paul_SOS_Decision_NEW_VERSION_2.pdf-referred to in the panel's findings in allegation 1(a), when Staff Member 8 was wearing a ./_OFFICIAL_SENSITIVE__Scott_Paul_SOS_Decision_NEW_VERSION_2.pdf-t-shirt and matching cardigan. ./_OFFICIAL_SENSITIVE__Scott_Paul_SOS_Decision_NEW_VERSION_2.pdf- ./_OFFICIAL_SENSITIVE__Scott_Paul_SOS_Decision_NEW_VERSION_2.pdf-On another occasion, Staff Member 8 stated that she was wearing a top with a French -- ./_OFFICIAL_SENSITIVE__Scott_Paul_SOS_Decision_NEW_VERSION_2.pdf-make Mr Scott feel it was welcomed by her. Accordingly, it was not contact she had ./_OFFICIAL_SENSITIVE__Scott_Paul_SOS_Decision_NEW_VERSION_2.pdf-consented to. ./_OFFICIAL_SENSITIVE__Scott_Paul_SOS_Decision_NEW_VERSION_2.pdf- ./_OFFICIAL_SENSITIVE__Scott_Paul_SOS_Decision_NEW_VERSION_2.pdf-With particular reference to the issue of whether she felt her dignity had been violated, ./_OFFICIAL_SENSITIVE__Scott_Paul_SOS_Decision_NEW_VERSION_2.pdf-Staff Member 8 considered it had with reference to Mr Scott's behaviour in terms of his ./_OFFICIAL_SENSITIVE__Scott_Paul_SOS_Decision_NEW_VERSION_2.pdf-comments about her clothes and breasts. In response to a specific question as to ./_OFFICIAL_SENSITIVE__Scott_Paul_SOS_Decision_NEW_VERSION_2.pdf-whether she felt intimidated, degraded, humiliated or offended, Staff Member 8 said she ./_OFFICIAL_SENSITIVE__Scott_Paul_SOS_Decision_NEW_VERSION_2.pdf-"thought so". ./_OFFICIAL_SENSITIVE__Scott_Paul_SOS_Decision_NEW_VERSION_2.pdf- ./_OFFICIAL_SENSITIVE__Scott_Paul_SOS_Decision_NEW_VERSION_2.pdf-In response to being directly asked whether she considered Mr Scott's behaviour ./_OFFICIAL_SENSITIVE__Scott_Paul_SOS_Decision_NEW_VERSION_2.pdf:amounted to sexual harassment, Staff Member 8 did not answer with 'yes' or 'no'. Rather, ./_OFFICIAL_SENSITIVE__Scott_Paul_SOS_Decision_NEW_VERSION_2.pdf-she stated that she had never used that term. When pressed as to whether this was ./_OFFICIAL_SENSITIVE__Scott_Paul_SOS_Decision_NEW_VERSION_2.pdf-because she felt the behaviour towards her fell short of that description, she repeated the ./_OFFICIAL_SENSITIVE__Scott_Paul_SOS_Decision_NEW_VERSION_2.pdf-same phrase, said she had never said that and that to do so would "elevate" it. She ./_OFFICIAL_SENSITIVE__Scott_Paul_SOS_Decision_NEW_VERSION_2.pdf- ./_OFFICIAL_SENSITIVE__Scott_Paul_SOS_Decision_NEW_VERSION_2.pdf- ./_OFFICIAL_SENSITIVE__Scott_Paul_SOS_Decision_NEW_VERSION_2.pdf- 32 ./_OFFICIAL_SENSITIVE__Scott_Paul_SOS_Decision_NEW_VERSION_2.pdf- -- ./_OFFICIAL_SENSITIVE__Scott_Paul_SOS_Decision_NEW_VERSION_2.pdf-acknowledged that she had found processing these events very "difficult" and "horrible", ./_OFFICIAL_SENSITIVE__Scott_Paul_SOS_Decision_NEW_VERSION_2.pdf-particularly the occasion when she spoke to Mr Scott about her desire to progress to the ./_OFFICIAL_SENSITIVE__Scott_Paul_SOS_Decision_NEW_VERSION_2.pdf-upper pay scale. ./_OFFICIAL_SENSITIVE__Scott_Paul_SOS_Decision_NEW_VERSION_2.pdf- ./_OFFICIAL_SENSITIVE__Scott_Paul_SOS_Decision_NEW_VERSION_2.pdf-In relation to both staff members, the panel was satisfied that Mr Scott's behaviour was ./_OFFICIAL_SENSITIVE__Scott_Paul_SOS_Decision_NEW_VERSION_2.pdf-unwanted, unwelcome and uninvited in various respects, particularly the physical contact. ./_OFFICIAL_SENSITIVE__Scott_Paul_SOS_Decision_NEW_VERSION_2.pdf- ./_OFFICIAL_SENSITIVE__Scott_Paul_SOS_Decision_NEW_VERSION_2.pdf:Similarly, this was behaviour of a sexual nature. Considered in totality, it included: ./_OFFICIAL_SENSITIVE__Scott_Paul_SOS_Decision_NEW_VERSION_2.pdf- ./_OFFICIAL_SENSITIVE__Scott_Paul_SOS_Decision_NEW_VERSION_2.pdf- • Sexual comments or jokes. ./_OFFICIAL_SENSITIVE__Scott_Paul_SOS_Decision_NEW_VERSION_2.pdf- ./_OFFICIAL_SENSITIVE__Scott_Paul_SOS_Decision_NEW_VERSION_2.pdf- • Suggestive looks and staring. ./_OFFICIAL_SENSITIVE__Scott_Paul_SOS_Decision_NEW_VERSION_2.pdf- ./_OFFICIAL_SENSITIVE__Scott_Paul_SOS_Decision_NEW_VERSION_2.pdf: • Intrusive questions about a person's private or sex life. ./_OFFICIAL_SENSITIVE__Scott_Paul_SOS_Decision_NEW_VERSION_2.pdf- ./_OFFICIAL_SENSITIVE__Scott_Paul_SOS_Decision_NEW_VERSION_2.pdf- • Unwelcome touching or hugging. ./_OFFICIAL_SENSITIVE__Scott_Paul_SOS_Decision_NEW_VERSION_2.pdf- ./_OFFICIAL_SENSITIVE__Scott_Paul_SOS_Decision_NEW_VERSION_2.pdf-In relation to both individuals, the panel was not satisfied that Mr Scott's purpose was to ./_OFFICIAL_SENSITIVE__Scott_Paul_SOS_Decision_NEW_VERSION_2.pdf-violate the dignity of either staff member or to create an intimidating, hostile, degrading, ./_OFFICIAL_SENSITIVE__Scott_Paul_SOS_Decision_NEW_VERSION_2.pdf-humiliating or offensive environment for them. ./_OFFICIAL_SENSITIVE__Scott_Paul_SOS_Decision_NEW_VERSION_2.pdf- ./_OFFICIAL_SENSITIVE__Scott_Paul_SOS_Decision_NEW_VERSION_2.pdf-The panel therefore went on to consider the effect of this proven conduct. ./_OFFICIAL_SENSITIVE__Scott_Paul_SOS_Decision_NEW_VERSION_2.pdf- ./_OFFICIAL_SENSITIVE__Scott_Paul_SOS_Decision_NEW_VERSION_2.pdf-Having regard to Staff Member 9's evidence and her clear perception and view of these ./_OFFICIAL_SENSITIVE__Scott_Paul_SOS_Decision_NEW_VERSION_2.pdf-events, which the panel considered to be very apparent from her account, the panel was ./_OFFICIAL_SENSITIVE__Scott_Paul_SOS_Decision_NEW_VERSION_2.pdf-not satisfied that Mr Scott's actions had the effect of violating her dignity or creating an ./_OFFICIAL_SENSITIVE__Scott_Paul_SOS_Decision_NEW_VERSION_2.pdf-intimidating, hostile, degrading, humiliating or offensive environment for her. ./_OFFICIAL_SENSITIVE__Scott_Paul_SOS_Decision_NEW_VERSION_2.pdf- ./_OFFICIAL_SENSITIVE__Scott_Paul_SOS_Decision_NEW_VERSION_2.pdf-For these reasons, the panel did not conclude that Mr Scott's behaviour in relation to ./_OFFICIAL_SENSITIVE__Scott_Paul_SOS_Decision_NEW_VERSION_2.pdf:Staff Member 9 amounted to sexual harassment. ./_OFFICIAL_SENSITIVE__Scott_Paul_SOS_Decision_NEW_VERSION_2.pdf- ./_OFFICIAL_SENSITIVE__Scott_Paul_SOS_Decision_NEW_VERSION_2.pdf-However, in relation to Staff Member 8, it found that Mr Scott's actions towards her did ./_OFFICIAL_SENSITIVE__Scott_Paul_SOS_Decision_NEW_VERSION_2.pdf:amount to sexual harassment. ./_OFFICIAL_SENSITIVE__Scott_Paul_SOS_Decision_NEW_VERSION_2.pdf- ./_OFFICIAL_SENSITIVE__Scott_Paul_SOS_Decision_NEW_VERSION_2.pdf-In particular, whilst Staff Member 8 had understandable difficulty expressing and ./_OFFICIAL_SENSITIVE__Scott_Paul_SOS_Decision_NEW_VERSION_2.pdf-articulating her view of these events, the panel was satisfied that her dignity had been ./_OFFICIAL_SENSITIVE__Scott_Paul_SOS_Decision_NEW_VERSION_2.pdf-violated as a consequence of Mr Scott's conduct towards her. ./_OFFICIAL_SENSITIVE__Scott_Paul_SOS_Decision_NEW_VERSION_2.pdf- ./_OFFICIAL_SENSITIVE__Scott_Paul_SOS_Decision_NEW_VERSION_2.pdf-It was also satisfied that Mr Scott's actions, particularly when considered in totality, ./_OFFICIAL_SENSITIVE__Scott_Paul_SOS_Decision_NEW_VERSION_2.pdf-created an intimidating, degrading, humiliating and offensive environment for her. ./_OFFICIAL_SENSITIVE__Scott_Paul_SOS_Decision_NEW_VERSION_2.pdf- ./_OFFICIAL_SENSITIVE__Scott_Paul_SOS_Decision_NEW_VERSION_2.pdf-The panel therefore found allegation 3 proved in relation to Staff Member 8. ./_OFFICIAL_SENSITIVE__Scott_Paul_SOS_Decision_NEW_VERSION_2.pdf- -- ./_OFFICIAL_SENSITIVE__Scott_Paul_SOS_Decision_NEW_VERSION_2.pdf-The panel first considered its findings in relation to allegations 1(a) to (d), 2 and 3, which ./_OFFICIAL_SENSITIVE__Scott_Paul_SOS_Decision_NEW_VERSION_2.pdf-it considered together. ./_OFFICIAL_SENSITIVE__Scott_Paul_SOS_Decision_NEW_VERSION_2.pdf- ./_OFFICIAL_SENSITIVE__Scott_Paul_SOS_Decision_NEW_VERSION_2.pdf-As a headteacher and leader, Mr Scott had a responsibility for and a duty of care towards ./_OFFICIAL_SENSITIVE__Scott_Paul_SOS_Decision_NEW_VERSION_2.pdf-his staff and pupils. He was also a role model. He had clearly fallen short of his ./_OFFICIAL_SENSITIVE__Scott_Paul_SOS_Decision_NEW_VERSION_2.pdf-obligations and duties in this regard in relation to each of these allegations. As well as ./_OFFICIAL_SENSITIVE__Scott_Paul_SOS_Decision_NEW_VERSION_2.pdf-impacting upon individual staff members and referring to some pupils in a derogatory ./_OFFICIAL_SENSITIVE__Scott_Paul_SOS_Decision_NEW_VERSION_2.pdf-manner, his actions created a culture at the School which was unacceptable and ./_OFFICIAL_SENSITIVE__Scott_Paul_SOS_Decision_NEW_VERSION_2.pdf-corrosive. ./_OFFICIAL_SENSITIVE__Scott_Paul_SOS_Decision_NEW_VERSION_2.pdf- ./_OFFICIAL_SENSITIVE__Scott_Paul_SOS_Decision_NEW_VERSION_2.pdf:In relation to Staff Member 8, Mr Scott's actions constituted sexual harassment, which ./_OFFICIAL_SENSITIVE__Scott_Paul_SOS_Decision_NEW_VERSION_2.pdf-was a serious matter. His actions had an obvious impact upon Staff Member 8, whether ./_OFFICIAL_SENSITIVE__Scott_Paul_SOS_Decision_NEW_VERSION_2.pdf-or not this was his intention. ./_OFFICIAL_SENSITIVE__Scott_Paul_SOS_Decision_NEW_VERSION_2.pdf- ./_OFFICIAL_SENSITIVE__Scott_Paul_SOS_Decision_NEW_VERSION_2.pdf-In relation to allegation 4(a), the panel took account of the fact that this was, in the ./_OFFICIAL_SENSITIVE__Scott_Paul_SOS_Decision_NEW_VERSION_2.pdf-context of the allegations, a one-off failing in terms of safeguarding. However, this was a ./_OFFICIAL_SENSITIVE__Scott_Paul_SOS_Decision_NEW_VERSION_2.pdf-serious incident and Mr Scott had a duty to respond appropriately and in a timely ./_OFFICIAL_SENSITIVE__Scott_Paul_SOS_Decision_NEW_VERSION_2.pdf-manner. He failed to do so and his actions in allowing Individual E to continue to work ./_OFFICIAL_SENSITIVE__Scott_Paul_SOS_Decision_NEW_VERSION_2.pdf-with Pupil A were of particular concern. ./_OFFICIAL_SENSITIVE__Scott_Paul_SOS_Decision_NEW_VERSION_2.pdf- ./_OFFICIAL_SENSITIVE__Scott_Paul_SOS_Decision_NEW_VERSION_2.pdf- -- ./_OFFICIAL_SENSITIVE__Scott_Paul_SOS_Decision_NEW_VERSION_2.pdf-The panel took further account of the Advice, which suggests that a prohibition order may ./_OFFICIAL_SENSITIVE__Scott_Paul_SOS_Decision_NEW_VERSION_2.pdf-be appropriate if certain behaviours of a teacher have been proved. ./_OFFICIAL_SENSITIVE__Scott_Paul_SOS_Decision_NEW_VERSION_2.pdf- ./_OFFICIAL_SENSITIVE__Scott_Paul_SOS_Decision_NEW_VERSION_2.pdf-In the list of such behaviours, those that were relevant in this case were: ./_OFFICIAL_SENSITIVE__Scott_Paul_SOS_Decision_NEW_VERSION_2.pdf- ./_OFFICIAL_SENSITIVE__Scott_Paul_SOS_Decision_NEW_VERSION_2.pdf-  serious departure from the personal and professional conduct elements of the ./_OFFICIAL_SENSITIVE__Scott_Paul_SOS_Decision_NEW_VERSION_2.pdf- Teachers’ Standards; ./_OFFICIAL_SENSITIVE__Scott_Paul_SOS_Decision_NEW_VERSION_2.pdf- ./_OFFICIAL_SENSITIVE__Scott_Paul_SOS_Decision_NEW_VERSION_2.pdf-  abuse of position or trust; ./_OFFICIAL_SENSITIVE__Scott_Paul_SOS_Decision_NEW_VERSION_2.pdf- ./_OFFICIAL_SENSITIVE__Scott_Paul_SOS_Decision_NEW_VERSION_2.pdf:  sexual misconduct; ./_OFFICIAL_SENSITIVE__Scott_Paul_SOS_Decision_NEW_VERSION_2.pdf- ./_OFFICIAL_SENSITIVE__Scott_Paul_SOS_Decision_NEW_VERSION_2.pdf-  failure to act on evidence that indicated a child's welfare may have been at risk; ./_OFFICIAL_SENSITIVE__Scott_Paul_SOS_Decision_NEW_VERSION_2.pdf- ./_OFFICIAL_SENSITIVE__Scott_Paul_SOS_Decision_NEW_VERSION_2.pdf-  failed in their duty of care towards a child, including exposing a child to risk or ./_OFFICIAL_SENSITIVE__Scott_Paul_SOS_Decision_NEW_VERSION_2.pdf- failing to promote the safety and welfare of the children; ./_OFFICIAL_SENSITIVE__Scott_Paul_SOS_Decision_NEW_VERSION_2.pdf- ./_OFFICIAL_SENSITIVE__Scott_Paul_SOS_Decision_NEW_VERSION_2.pdf-  deliberate behaviour that undermines pupils, the profession, the school or ./_OFFICIAL_SENSITIVE__Scott_Paul_SOS_Decision_NEW_VERSION_2.pdf- colleagues. ./_OFFICIAL_SENSITIVE__Scott_Paul_SOS_Decision_NEW_VERSION_2.pdf- ./_OFFICIAL_SENSITIVE__Scott_Paul_SOS_Decision_NEW_VERSION_2.pdf-Even though some of the behaviour found proved in this case indicated that a prohibition -- ./_OFFICIAL_SENSITIVE__Scott_Paul_SOS_Decision_NEW_VERSION_2.pdf- ./_OFFICIAL_SENSITIVE__Scott_Paul_SOS_Decision_NEW_VERSION_2.pdf- • In relation to allegations 1 to 2, this was not an isolated breach but a pattern of ./_OFFICIAL_SENSITIVE__Scott_Paul_SOS_Decision_NEW_VERSION_2.pdf- behaviour. As the panel has already set out, in addition to adversely impacting on ./_OFFICIAL_SENSITIVE__Scott_Paul_SOS_Decision_NEW_VERSION_2.pdf- numerous individuals, which was clear from the evidence, Mr Scott's actions had ./_OFFICIAL_SENSITIVE__Scott_Paul_SOS_Decision_NEW_VERSION_2.pdf- a broader, corrosive effect in terms of the school environment. ./_OFFICIAL_SENSITIVE__Scott_Paul_SOS_Decision_NEW_VERSION_2.pdf- ./_OFFICIAL_SENSITIVE__Scott_Paul_SOS_Decision_NEW_VERSION_2.pdf- • In certain instances, Mr Scott made some comments that were derogatory to ./_OFFICIAL_SENSITIVE__Scott_Paul_SOS_Decision_NEW_VERSION_2.pdf- pupils even if that was not Mr Scott's intent and they were not directed at the ./_OFFICIAL_SENSITIVE__Scott_Paul_SOS_Decision_NEW_VERSION_2.pdf- pupils. ./_OFFICIAL_SENSITIVE__Scott_Paul_SOS_Decision_NEW_VERSION_2.pdf- ./_OFFICIAL_SENSITIVE__Scott_Paul_SOS_Decision_NEW_VERSION_2.pdf: • Allegation 3 was an instance of sexual harassment, which the panel considered to ./_OFFICIAL_SENSITIVE__Scott_Paul_SOS_Decision_NEW_VERSION_2.pdf- be a serious matter. ./_OFFICIAL_SENSITIVE__Scott_Paul_SOS_Decision_NEW_VERSION_2.pdf- ./_OFFICIAL_SENSITIVE__Scott_Paul_SOS_Decision_NEW_VERSION_2.pdf- • Mr Scott was not acting under duress. It followed that his actions were deliberate. ./_OFFICIAL_SENSITIVE__Scott_Paul_SOS_Decision_NEW_VERSION_2.pdf- There was some evidence that Mr Scott's conduct had been raised with him by ./_OFFICIAL_SENSITIVE__Scott_Paul_SOS_Decision_NEW_VERSION_2.pdf- certain staff members, but their concerns had not been heeded. ./_OFFICIAL_SENSITIVE__Scott_Paul_SOS_Decision_NEW_VERSION_2.pdf- ./_OFFICIAL_SENSITIVE__Scott_Paul_SOS_Decision_NEW_VERSION_2.pdf- • Mr Scott's actions in relation to allegation 4(a) evidenced a concern as regards his ./_OFFICIAL_SENSITIVE__Scott_Paul_SOS_Decision_NEW_VERSION_2.pdf- approach to safeguarding issues. His actions posed some risk of harm to a ./_OFFICIAL_SENSITIVE__Scott_Paul_SOS_Decision_NEW_VERSION_2.pdf- vulnerable pupil, albeit the panel was not persuaded that this risk could be ./_OFFICIAL_SENSITIVE__Scott_Paul_SOS_Decision_NEW_VERSION_2.pdf- categorised as high. -- ./_OFFICIAL_SENSITIVE__Scott_Paul_SOS_Decision_NEW_VERSION_2.pdf-made by the panel would be sufficient. ./_OFFICIAL_SENSITIVE__Scott_Paul_SOS_Decision_NEW_VERSION_2.pdf- ./_OFFICIAL_SENSITIVE__Scott_Paul_SOS_Decision_NEW_VERSION_2.pdf-Having carefully considered the specific circumstances of this case and taking account of ./_OFFICIAL_SENSITIVE__Scott_Paul_SOS_Decision_NEW_VERSION_2.pdf-the mitigating and aggravating features present, the panel was of the view that, applying ./_OFFICIAL_SENSITIVE__Scott_Paul_SOS_Decision_NEW_VERSION_2.pdf-the standard of the ordinary intelligent citizen, it would not be a proportionate and ./_OFFICIAL_SENSITIVE__Scott_Paul_SOS_Decision_NEW_VERSION_2.pdf-appropriate response to recommend no prohibition order. ./_OFFICIAL_SENSITIVE__Scott_Paul_SOS_Decision_NEW_VERSION_2.pdf- ./_OFFICIAL_SENSITIVE__Scott_Paul_SOS_Decision_NEW_VERSION_2.pdf-The panel concluded that prohibition was both proportionate and appropriate. It decided ./_OFFICIAL_SENSITIVE__Scott_Paul_SOS_Decision_NEW_VERSION_2.pdf-that the public interest considerations outweighed the interests of Mr Scott. ./_OFFICIAL_SENSITIVE__Scott_Paul_SOS_Decision_NEW_VERSION_2.pdf- ./_OFFICIAL_SENSITIVE__Scott_Paul_SOS_Decision_NEW_VERSION_2.pdf:The breadth of the panel's findings and its finding of sexual harassment were significant ./_OFFICIAL_SENSITIVE__Scott_Paul_SOS_Decision_NEW_VERSION_2.pdf-factors in forming that opinion. ./_OFFICIAL_SENSITIVE__Scott_Paul_SOS_Decision_NEW_VERSION_2.pdf- ./_OFFICIAL_SENSITIVE__Scott_Paul_SOS_Decision_NEW_VERSION_2.pdf-Whilst Mr Scott had demonstrated some insight in relation to the panel's findings in ./_OFFICIAL_SENSITIVE__Scott_Paul_SOS_Decision_NEW_VERSION_2.pdf-relation to Pupil A, this was not complete. In some respects, he had taken responsibility ./_OFFICIAL_SENSITIVE__Scott_Paul_SOS_Decision_NEW_VERSION_2.pdf-for his actions and was clearly regretful. ./_OFFICIAL_SENSITIVE__Scott_Paul_SOS_Decision_NEW_VERSION_2.pdf- ./_OFFICIAL_SENSITIVE__Scott_Paul_SOS_Decision_NEW_VERSION_2.pdf-With reference to allegations 1 to 3, the fact that Mr Scott did not recognise the ./_OFFICIAL_SENSITIVE__Scott_Paul_SOS_Decision_NEW_VERSION_2.pdf-inappropriate nature of his actions at the time was a concern. ./_OFFICIAL_SENSITIVE__Scott_Paul_SOS_Decision_NEW_VERSION_2.pdf- ./_OFFICIAL_SENSITIVE__Scott_Paul_SOS_Decision_NEW_VERSION_2.pdf-In particular, it followed that Mr Scott believed that the comments he made and the -- ./_OFFICIAL_SENSITIVE__Scott_Paul_SOS_Decision_NEW_VERSION_2.pdf-The panel went on to consider whether or not it would be appropriate for it to decide to ./_OFFICIAL_SENSITIVE__Scott_Paul_SOS_Decision_NEW_VERSION_2.pdf-recommend a review period of the order. ./_OFFICIAL_SENSITIVE__Scott_Paul_SOS_Decision_NEW_VERSION_2.pdf- ./_OFFICIAL_SENSITIVE__Scott_Paul_SOS_Decision_NEW_VERSION_2.pdf-The panel was mindful that the Advice states that a prohibition order applies for life, but ./_OFFICIAL_SENSITIVE__Scott_Paul_SOS_Decision_NEW_VERSION_2.pdf-there may be circumstances, in any given case, that may make it appropriate to allow a ./_OFFICIAL_SENSITIVE__Scott_Paul_SOS_Decision_NEW_VERSION_2.pdf-teacher to apply to have the prohibition order reviewed after a specified period of time ./_OFFICIAL_SENSITIVE__Scott_Paul_SOS_Decision_NEW_VERSION_2.pdf-that may not be less than 2 years. ./_OFFICIAL_SENSITIVE__Scott_Paul_SOS_Decision_NEW_VERSION_2.pdf- ./_OFFICIAL_SENSITIVE__Scott_Paul_SOS_Decision_NEW_VERSION_2.pdf-The Advice indicates that there are behaviours that, if proved, would militate against the ./_OFFICIAL_SENSITIVE__Scott_Paul_SOS_Decision_NEW_VERSION_2.pdf-recommendation of a review period. None of the behaviours were relevant in this case. ./_OFFICIAL_SENSITIVE__Scott_Paul_SOS_Decision_NEW_VERSION_2.pdf:Whilst these included serious sexual misconduct, the panel did not consider its findings ./_OFFICIAL_SENSITIVE__Scott_Paul_SOS_Decision_NEW_VERSION_2.pdf-fell into that category in the specific circumstances. ./_OFFICIAL_SENSITIVE__Scott_Paul_SOS_Decision_NEW_VERSION_2.pdf- ./_OFFICIAL_SENSITIVE__Scott_Paul_SOS_Decision_NEW_VERSION_2.pdf-The panel decided that it would be proportionate, in all the circumstances, for the ./_OFFICIAL_SENSITIVE__Scott_Paul_SOS_Decision_NEW_VERSION_2.pdf-prohibition order to be recommended with provision for a review period, for the following ./_OFFICIAL_SENSITIVE__Scott_Paul_SOS_Decision_NEW_VERSION_2.pdf-reasons in particular. ./_OFFICIAL_SENSITIVE__Scott_Paul_SOS_Decision_NEW_VERSION_2.pdf- ./_OFFICIAL_SENSITIVE__Scott_Paul_SOS_Decision_NEW_VERSION_2.pdf-The panel had in mind, firstly, that prohibition orders should not be given in order to be ./_OFFICIAL_SENSITIVE__Scott_Paul_SOS_Decision_NEW_VERSION_2.pdf-punitive. ./_OFFICIAL_SENSITIVE__Scott_Paul_SOS_Decision_NEW_VERSION_2.pdf- ./_OFFICIAL_SENSITIVE__Scott_Paul_SOS_Decision_NEW_VERSION_2.pdf-Mr Scott had already been punished for his actions and these proceedings have been -- ./_OFFICIAL_SENSITIVE__Scott_Paul_SOS_Decision_NEW_VERSION_2.pdf- own attendance and punctuality. ./_OFFICIAL_SENSITIVE__Scott_Paul_SOS_Decision_NEW_VERSION_2.pdf- ./_OFFICIAL_SENSITIVE__Scott_Paul_SOS_Decision_NEW_VERSION_2.pdf- • Teachers must have an understanding of, and always act within, the statutory ./_OFFICIAL_SENSITIVE__Scott_Paul_SOS_Decision_NEW_VERSION_2.pdf- frameworks which set out their professional duties and responsibilities. ./_OFFICIAL_SENSITIVE__Scott_Paul_SOS_Decision_NEW_VERSION_2.pdf- ./_OFFICIAL_SENSITIVE__Scott_Paul_SOS_Decision_NEW_VERSION_2.pdf-The panel finds that the conduct of Mr Scott fell significantly short of the standards ./_OFFICIAL_SENSITIVE__Scott_Paul_SOS_Decision_NEW_VERSION_2.pdf-expected of the profession. ./_OFFICIAL_SENSITIVE__Scott_Paul_SOS_Decision_NEW_VERSION_2.pdf- ./_OFFICIAL_SENSITIVE__Scott_Paul_SOS_Decision_NEW_VERSION_2.pdf-The findings of misconduct are serious as they include a finding of inappropriate ./_OFFICIAL_SENSITIVE__Scott_Paul_SOS_Decision_NEW_VERSION_2.pdf-comments and behaviour, inappropriate physical contact, failure to carry out ./_OFFICIAL_SENSITIVE__Scott_Paul_SOS_Decision_NEW_VERSION_2.pdf:safeguarding responsibilities and sexual harassment. ./_OFFICIAL_SENSITIVE__Scott_Paul_SOS_Decision_NEW_VERSION_2.pdf- ./_OFFICIAL_SENSITIVE__Scott_Paul_SOS_Decision_NEW_VERSION_2.pdf-I have to determine whether the imposition of a prohibition order is proportionate and in ./_OFFICIAL_SENSITIVE__Scott_Paul_SOS_Decision_NEW_VERSION_2.pdf-the public interest. In considering that for this case, I have considered the overall aim of a ./_OFFICIAL_SENSITIVE__Scott_Paul_SOS_Decision_NEW_VERSION_2.pdf-prohibition order which is to protect pupils and to maintain public confidence in the ./_OFFICIAL_SENSITIVE__Scott_Paul_SOS_Decision_NEW_VERSION_2.pdf-profession. I have considered the extent to which a prohibition order in this case would ./_OFFICIAL_SENSITIVE__Scott_Paul_SOS_Decision_NEW_VERSION_2.pdf-achieve that aim taking into account the impact that it will have on the individual teacher. ./_OFFICIAL_SENSITIVE__Scott_Paul_SOS_Decision_NEW_VERSION_2.pdf-I have also asked myself, whether a less intrusive measure, such as the published ./_OFFICIAL_SENSITIVE__Scott_Paul_SOS_Decision_NEW_VERSION_2.pdf-finding of unacceptable professional conduct and conduct that may bring the profession ./_OFFICIAL_SENSITIVE__Scott_Paul_SOS_Decision_NEW_VERSION_2.pdf-into disrepute, would itself be sufficient to achieve the overall aim. I have to consider ./_OFFICIAL_SENSITIVE__Scott_Paul_SOS_Decision_NEW_VERSION_2.pdf-whether the consequences of such a publication are themselves sufficient. I have -- ./_OFFICIAL_SENSITIVE__Scott_Paul_SOS_Decision_NEW_VERSION_2.pdf- when Staff Member C told you she needed to start Maternity Leave ./_OFFICIAL_SENSITIVE__Scott_Paul_SOS_Decision_NEW_VERSION_2.pdf- early in order to undergo a caesarean. ./_OFFICIAL_SENSITIVE__Scott_Paul_SOS_Decision_NEW_VERSION_2.pdf- iv. by suggesting that Staff Member 005, who was pregnant at the time, ./_OFFICIAL_SENSITIVE__Scott_Paul_SOS_Decision_NEW_VERSION_2.pdf- was behaving in a particular way “because she was hormonal”. ./_OFFICIAL_SENSITIVE__Scott_Paul_SOS_Decision_NEW_VERSION_2.pdf- v. by saying “FFS” in response to Staff Member E telling you she was ./_OFFICIAL_SENSITIVE__Scott_Paul_SOS_Decision_NEW_VERSION_2.pdf- pregnant. ./_OFFICIAL_SENSITIVE__Scott_Paul_SOS_Decision_NEW_VERSION_2.pdf- ./_OFFICIAL_SENSITIVE__Scott_Paul_SOS_Decision_NEW_VERSION_2.pdf- ./_OFFICIAL_SENSITIVE__Scott_Paul_SOS_Decision_NEW_VERSION_2.pdf- ./_OFFICIAL_SENSITIVE__Scott_Paul_SOS_Decision_NEW_VERSION_2.pdf-1c - Making comments to one or more female members of staff of a suggestive ./_OFFICIAL_SENSITIVE__Scott_Paul_SOS_Decision_NEW_VERSION_2.pdf:and/or sexual nature ./_OFFICIAL_SENSITIVE__Scott_Paul_SOS_Decision_NEW_VERSION_2.pdf- ./_OFFICIAL_SENSITIVE__Scott_Paul_SOS_Decision_NEW_VERSION_2.pdf- i. by making a comment about Staff Member 002 being a “virgin” when ./_OFFICIAL_SENSITIVE__Scott_Paul_SOS_Decision_NEW_VERSION_2.pdf- she came to you with a query about using the electronic safeguarding ./_OFFICIAL_SENSITIVE__Scott_Paul_SOS_Decision_NEW_VERSION_2.pdf- system. ./_OFFICIAL_SENSITIVE__Scott_Paul_SOS_Decision_NEW_VERSION_2.pdf- ii. by telling Staff Member 003 “if you’re struggling, I’m happy to rub your ./_OFFICIAL_SENSITIVE__Scott_Paul_SOS_Decision_NEW_VERSION_2.pdf- chest” and commenting that it “was a genuine offer”. ./_OFFICIAL_SENSITIVE__Scott_Paul_SOS_Decision_NEW_VERSION_2.pdf- iii. by asking Staff Member 007 whether the fact that her partner had a ./_OFFICIAL_SENSITIVE__Scott_Paul_SOS_Decision_NEW_VERSION_2.pdf- big nose meant “he has a big something else then”. ./_OFFICIAL_SENSITIVE__Scott_Paul_SOS_Decision_NEW_VERSION_2.pdf- iv. by asking Staff Member 007 whether she was practising and/or was ./_OFFICIAL_SENSITIVE__Scott_Paul_SOS_Decision_NEW_VERSION_2.pdf- enjoying practising to have a baby. ./_OFFICIAL_SENSITIVE__Scovell_Thomas_SoS_decision_REDACTED.pdf-On 7 September 2020, a colleague raised concerns with the HR Director about Mr ./_OFFICIAL_SENSITIVE__Scovell_Thomas_SoS_decision_REDACTED.pdf-Scovell's state of health. The HR Director then spoke to Mr Scovell, who denied that he ./_OFFICIAL_SENSITIVE__Scovell_Thomas_SoS_decision_REDACTED.pdf-had resumed drinking. ./_OFFICIAL_SENSITIVE__Scovell_Thomas_SoS_decision_REDACTED.pdf- ./_OFFICIAL_SENSITIVE__Scovell_Thomas_SoS_decision_REDACTED.pdf-On 10 September 2020, Mr Scovell collapsed at the Academy and was taken to North ./_OFFICIAL_SENSITIVE__Scovell_Thomas_SoS_decision_REDACTED.pdf:Middlesex University Hospital. Mr Scovell contacted a member of staff asking them to ./_OFFICIAL_SENSITIVE__Scovell_Thomas_SoS_decision_REDACTED.pdf-save his career and help him with something he hopefully left hidden in his room. The ./_OFFICIAL_SENSITIVE__Scovell_Thomas_SoS_decision_REDACTED.pdf-Academy conducted searches and found a bottle of vodka which was half full and a ./_OFFICIAL_SENSITIVE__Scovell_Thomas_SoS_decision_REDACTED.pdf-quantity of prescription drugs. The Academy contacted Mr Scovell to inform him he was ./_OFFICIAL_SENSITIVE__Scovell_Thomas_SoS_decision_REDACTED.pdf-suspended and should not contact any other members of staff. Mr Scovell contacted the ./_OFFICIAL_SENSITIVE__Scovell_Thomas_SoS_decision_REDACTED.pdf-same member of staff on 10 and 11 September 2020, asking to have them look in his ./_OFFICIAL_SENSITIVE__Scovell_Thomas_SoS_decision_REDACTED.pdf-room and/or to call him. ./_OFFICIAL_SENSITIVE__Scovell_Thomas_SoS_decision_REDACTED.pdf- ./_OFFICIAL_SENSITIVE__Scovell_Thomas_SoS_decision_REDACTED.pdf-On 14 September 2020, Mr Scovell left the hospital without being formally discharged. ./_OFFICIAL_SENSITIVE__Scovell_Thomas_SoS_decision_REDACTED.pdf- ./_OFFICIAL_SENSITIVE__Scovell_Thomas_SoS_decision_REDACTED.pdf-The Academy concluded an investigation into the allegations against Mr Scovell on 21 ./_OFFICIAL_SENSITIVE__Sime_15291_-_Web_Decision.pdf-The panel considered that Mr Sime's actions were relevant to teaching, working with ./_OFFICIAL_SENSITIVE__Sime_15291_-_Web_Decision.pdf-children and working in an education setting. The offence concerned Mr Sime's response ./_OFFICIAL_SENSITIVE__Sime_15291_-_Web_Decision.pdf-as a foster carer to allegations made by a child in his care. In acting as he did, the court ./_OFFICIAL_SENSITIVE__Sime_15291_-_Web_Decision.pdf-had concluded that he committed a serious offence and "undermined the very essence of ./_OFFICIAL_SENSITIVE__Sime_15291_-_Web_Decision.pdf-the Criminal Justice System". ./_OFFICIAL_SENSITIVE__Sime_15291_-_Web_Decision.pdf- ./_OFFICIAL_SENSITIVE__Sime_15291_-_Web_Decision.pdf-The panel considered that Mr Sime's actions had a potential to impact on the safety or ./_OFFICIAL_SENSITIVE__Sime_15291_-_Web_Decision.pdf-security of pupils or members of the public given that they occurred in circumstances ./_OFFICIAL_SENSITIVE__Sime_15291_-_Web_Decision.pdf-where the prosecution was interested in interrogating and analysing his mobile phone ./_OFFICIAL_SENSITIVE__Sime_15291_-_Web_Decision.pdf-and laptop. Mr Sime had accordingly obstructed an investigation into an alleged offence ./_OFFICIAL_SENSITIVE__Sime_15291_-_Web_Decision.pdf:of a sexual nature. ./_OFFICIAL_SENSITIVE__Sime_15291_-_Web_Decision.pdf- ./_OFFICIAL_SENSITIVE__Sime_15291_-_Web_Decision.pdf-The panel also took account of how the teaching profession is viewed by others. The ./_OFFICIAL_SENSITIVE__Sime_15291_-_Web_Decision.pdf-panel considered that Mr Sime's behaviour in committing the offence could affect public ./_OFFICIAL_SENSITIVE__Sime_15291_-_Web_Decision.pdf-confidence in the teaching profession given the influence that teachers may have on ./_OFFICIAL_SENSITIVE__Sime_15291_-_Web_Decision.pdf-pupils, parents and others in the community. This is a case involving an offence of ./_OFFICIAL_SENSITIVE__Sime_15291_-_Web_Decision.pdf-perverting the course of justice which the courts rightly take very seriously. ./_OFFICIAL_SENSITIVE__Sime_15291_-_Web_Decision.pdf- ./_OFFICIAL_SENSITIVE__Sime_15291_-_Web_Decision.pdf-The panel noted that Mr Sime's behaviour ultimately led to him receiving a sentence of ./_OFFICIAL_SENSITIVE__Sime_15291_-_Web_Decision.pdf-imprisonment (albeit that it was suspended) which is indicative of the seriousness of the ./_OFFICIAL_SENSITIVE__Sime_15291_-_Web_Decision.pdf-offence committed. -- ./_OFFICIAL_SENSITIVE__Sime_15291_-_Web_Decision.pdf-recommending no prohibition order is not a proportionate and appropriate response. ./_OFFICIAL_SENSITIVE__Sime_15291_-_Web_Decision.pdf-Recommending that publication of adverse findings is sufficient in the case would ./_OFFICIAL_SENSITIVE__Sime_15291_-_Web_Decision.pdf-unacceptably compromise the public interest considerations present, despite the severity ./_OFFICIAL_SENSITIVE__Sime_15291_-_Web_Decision.pdf-of the consequences for Mr Sime of prohibition. ./_OFFICIAL_SENSITIVE__Sime_15291_-_Web_Decision.pdf- ./_OFFICIAL_SENSITIVE__Sime_15291_-_Web_Decision.pdf-The panel was of the view that prohibition is both proportionate and appropriate. It ./_OFFICIAL_SENSITIVE__Sime_15291_-_Web_Decision.pdf-decided that the public interest considerations outweigh the interests of Mr Sime. The ./_OFFICIAL_SENSITIVE__Sime_15291_-_Web_Decision.pdf-nature and gravity of the offence was a significant factor in forming that opinion. As noted ./_OFFICIAL_SENSITIVE__Sime_15291_-_Web_Decision.pdf-above, in acting as he did, the court had concluded that he committed a serious offence ./_OFFICIAL_SENSITIVE__Sime_15291_-_Web_Decision.pdf-that "undermined the very essence of the Criminal Justice System". Mr Sime had ./_OFFICIAL_SENSITIVE__Sime_15291_-_Web_Decision.pdf:obstructed an investigation into an alleged offence of a sexual nature and there was a ./_OFFICIAL_SENSITIVE__Sime_15291_-_Web_Decision.pdf-particularly strong public interest consideration in terms of public confidence in the ./_OFFICIAL_SENSITIVE__Sime_15291_-_Web_Decision.pdf-teaching profession and the declaring of proper standards of conduct in this case. Mr ./_OFFICIAL_SENSITIVE__Sime_15291_-_Web_Decision.pdf-Sime's behaviour led to him receiving a sentence of imprisonment (albeit that it was ./_OFFICIAL_SENSITIVE__Sime_15291_-_Web_Decision.pdf-suspended) which is indicative of the gravity of the offence. ./_OFFICIAL_SENSITIVE__Sime_15291_-_Web_Decision.pdf- ./_OFFICIAL_SENSITIVE__Sime_15291_-_Web_Decision.pdf-Accordingly, having carefully considered all of the circumstances in this case and the ./_OFFICIAL_SENSITIVE__Sime_15291_-_Web_Decision.pdf-mitigating factors that were present, the panel makes a recommendation to the Secretary ./_OFFICIAL_SENSITIVE__Sime_15291_-_Web_Decision.pdf-of State that a prohibition order should be imposed with immediate effect. ./_OFFICIAL_SENSITIVE__Sime_15291_-_Web_Decision.pdf- ./_OFFICIAL_SENSITIVE__Sime_15291_-_Web_Decision.pdf-The panel went on to consider whether or not it would be appropriate for them to decide -- ./_OFFICIAL_SENSITIVE__Sime_15291_-_Web_Decision.pdf-finding of a relevant conviction, would itself be sufficient to achieve the overall aim. I have ./_OFFICIAL_SENSITIVE__Sime_15291_-_Web_Decision.pdf-to consider whether the consequences of such a publication are themselves sufficient. I ./_OFFICIAL_SENSITIVE__Sime_15291_-_Web_Decision.pdf-have considered therefore whether or not prohibiting Mr Sime, and the impact that will ./_OFFICIAL_SENSITIVE__Sime_15291_-_Web_Decision.pdf-have on him, is proportionate and in the public interest. ./_OFFICIAL_SENSITIVE__Sime_15291_-_Web_Decision.pdf- ./_OFFICIAL_SENSITIVE__Sime_15291_-_Web_Decision.pdf-In this case, I have considered the extent to which a prohibition order would protect ./_OFFICIAL_SENSITIVE__Sime_15291_-_Web_Decision.pdf-children. The panel has observed, “Mr Sime's actions had a potential to impact on the ./_OFFICIAL_SENSITIVE__Sime_15291_-_Web_Decision.pdf-safety or security of pupils or members of the public given that they occurred in ./_OFFICIAL_SENSITIVE__Sime_15291_-_Web_Decision.pdf-circumstances where the prosecution was interested in interrogating and analysing his ./_OFFICIAL_SENSITIVE__Sime_15291_-_Web_Decision.pdf-mobile phone and laptop. Mr Sime had accordingly obstructed an investigation into an ./_OFFICIAL_SENSITIVE__Sime_15291_-_Web_Decision.pdf:alleged offence of a sexual nature.” ./_OFFICIAL_SENSITIVE__Sime_15291_-_Web_Decision.pdf- ./_OFFICIAL_SENSITIVE__Sime_15291_-_Web_Decision.pdf-A prohibition order would therefore prevent such a risk from being present in the future. I ./_OFFICIAL_SENSITIVE__Sime_15291_-_Web_Decision.pdf-have also taken into account the panel’s comments on insight and remorse, which the ./_OFFICIAL_SENSITIVE__Sime_15291_-_Web_Decision.pdf-panel sets out as follows, “He had shown clear regret and remorse and some insight into ./_OFFICIAL_SENSITIVE__Sime_15291_-_Web_Decision.pdf-the consequences of his actions. In oral evidence, Mr Sime demonstrated that he ./_OFFICIAL_SENSITIVE__Sime_15291_-_Web_Decision.pdf-understood he had let himself down together with his family, colleagues and pupils. He ./_OFFICIAL_SENSITIVE__Sime_15291_-_Web_Decision.pdf-showed a certain amount of passion for teaching and had an otherwise unblemished ./_OFFICIAL_SENSITIVE__Sime_15291_-_Web_Decision.pdf-career.” ./_OFFICIAL_SENSITIVE__Sime_15291_-_Web_Decision.pdf- ./_OFFICIAL_SENSITIVE__Sime_15291_-_Web_Decision.pdf- In my judgement, the lack of full insight means that there is some risk of the repetition of -- ./_OFFICIAL_SENSITIVE__Sime_15291_-_Web_Decision.pdf-I have considered whether a 5 year review period reflects the seriousness of the findings ./_OFFICIAL_SENSITIVE__Sime_15291_-_Web_Decision.pdf-and is a proportionate period to achieve the aim of maintaining public confidence in the ./_OFFICIAL_SENSITIVE__Sime_15291_-_Web_Decision.pdf-profession. In this case, there are factors that mean that a two-year review period is not ./_OFFICIAL_SENSITIVE__Sime_15291_-_Web_Decision.pdf-sufficient to achieve the aim of maintaining public confidence in the profession. These ./_OFFICIAL_SENSITIVE__Sime_15291_-_Web_Decision.pdf-elements are the, the seriousness of the behaviour concerning an investigation into ./_OFFICIAL_SENSITIVE__Sime_15291_-_Web_Decision.pdf:alleged sexual misconduct by the police and the lack of full insight. ./_OFFICIAL_SENSITIVE__Sime_15291_-_Web_Decision.pdf- ./_OFFICIAL_SENSITIVE__Sime_15291_-_Web_Decision.pdf-I consider therefore that a five year review period is required to satisfy the maintenance ./_OFFICIAL_SENSITIVE__Sime_15291_-_Web_Decision.pdf-of public confidence in the profession. ./_OFFICIAL_SENSITIVE__Sime_15291_-_Web_Decision.pdf- ./_OFFICIAL_SENSITIVE__Sime_15291_-_Web_Decision.pdf-This means that Mr Patrick Sime is prohibited from teaching indefinitely and ./_OFFICIAL_SENSITIVE__Sime_15291_-_Web_Decision.pdf-cannot teach in any school, sixth form college, relevant youth accommodation or ./_OFFICIAL_SENSITIVE__Sime_15291_-_Web_Decision.pdf-children’s home in England. He may apply for the prohibition order to be set aside, but ./_OFFICIAL_SENSITIVE__Sime_15291_-_Web_Decision.pdf-not until 31 January 2024, 5 years from the date of this order at the earliest. This is not ./_OFFICIAL_SENSITIVE__Sime_15291_-_Web_Decision.pdf-an automatic right to have the prohibition order removed. If he does apply, a panel will ./_OFFICIAL_SENSITIVE__Sime_15291_-_Web_Decision.pdf-meet to consider whether the prohibition order should be set aside. Without a successful ./_OFFICIAL_SENSITIVE__SoS_decision_-_Blinston_Zac_Redacted.pdf- a. a ‘cunt’; ./_OFFICIAL_SENSITIVE__SoS_decision_-_Blinston_Zac_Redacted.pdf- b. a ‘Tory cunt’; ./_OFFICIAL_SENSITIVE__SoS_decision_-_Blinston_Zac_Redacted.pdf- c. a ‘wanker’; ./_OFFICIAL_SENSITIVE__SoS_decision_-_Blinston_Zac_Redacted.pdf- d. a ‘fucker’; ./_OFFICIAL_SENSITIVE__SoS_decision_-_Blinston_Zac_Redacted.pdf- e. a ‘dickhead’; ./_OFFICIAL_SENSITIVE__SoS_decision_-_Blinston_Zac_Redacted.pdf- f. a ‘bellend’; ./_OFFICIAL_SENSITIVE__SoS_decision_-_Blinston_Zac_Redacted.pdf- g. a ‘dyke’; ./_OFFICIAL_SENSITIVE__SoS_decision_-_Blinston_Zac_Redacted.pdf- h. a ‘twat’; ./_OFFICIAL_SENSITIVE__SoS_decision_-_Blinston_Zac_Redacted.pdf- i. a ‘prozzy’ and/or a prostitute. ./_OFFICIAL_SENSITIVE__SoS_decision_-_Blinston_Zac_Redacted.pdf- 2. In behaving as may be found proven at allegation 1 above, he: ./_OFFICIAL_SENSITIVE__SoS_decision_-_Blinston_Zac_Redacted.pdf: a. demonstrated intolerance and/or hatred on the grounds of sexual ./_OFFICIAL_SENSITIVE__SoS_decision_-_Blinston_Zac_Redacted.pdf- orientation; ./_OFFICIAL_SENSITIVE__SoS_decision_-_Blinston_Zac_Redacted.pdf- b. demonstrated a lack of tolerance and/or respect for the rights and/or beliefs ./_OFFICIAL_SENSITIVE__SoS_decision_-_Blinston_Zac_Redacted.pdf- of others. ./_OFFICIAL_SENSITIVE__SoS_decision_-_Blinston_Zac_Redacted.pdf-He has been convicted, at any time, of a relevant offence, in that: ./_OFFICIAL_SENSITIVE__SoS_decision_-_Blinston_Zac_Redacted.pdf- ./_OFFICIAL_SENSITIVE__SoS_decision_-_Blinston_Zac_Redacted.pdf- 3. On or around 28 November 2019, he was convicted of the offence of 3 counts of ./_OFFICIAL_SENSITIVE__SoS_decision_-_Blinston_Zac_Redacted.pdf- assault on a police officer. ./_OFFICIAL_SENSITIVE__SoS_decision_-_Blinston_Zac_Redacted.pdf-Mr Blinston admitted the facts of allegations 1 a. – i., but did not accept that these ./_OFFICIAL_SENSITIVE__SoS_decision_-_Blinston_Zac_Redacted.pdf-comments were homophobic; and he admitted allegation 3. Mr Blinston did not admit ./_OFFICIAL_SENSITIVE__SoS_decision_-_Blinston_Zac_Redacted.pdf-allegations 2 a. and 2 b. -- ./_OFFICIAL_SENSITIVE__SoS_decision_-_Blinston_Zac_Redacted.pdf-the exchanges between the police officers and Mr Blinston on or around 9 November ./_OFFICIAL_SENSITIVE__SoS_decision_-_Blinston_Zac_Redacted.pdf-2019, confirmed that all of these terms were used by Mr Blinston. ./_OFFICIAL_SENSITIVE__SoS_decision_-_Blinston_Zac_Redacted.pdf- ./_OFFICIAL_SENSITIVE__SoS_decision_-_Blinston_Zac_Redacted.pdf-The panel accepted that Mr Blinston had no recollection of the events, and that his ./_OFFICIAL_SENSITIVE__SoS_decision_-_Blinston_Zac_Redacted.pdf-reactions to police officers attending his home was exacerbated by other circumstances, ./_OFFICIAL_SENSITIVE__SoS_decision_-_Blinston_Zac_Redacted.pdf-[REDACTED]. However, having considered all the evidence, the panel considered that ./_OFFICIAL_SENSITIVE__SoS_decision_-_Blinston_Zac_Redacted.pdf-Mr Blinston intended his comments to be offensive, and the panel felt that Mr Blinston ./_OFFICIAL_SENSITIVE__SoS_decision_-_Blinston_Zac_Redacted.pdf-appeared to direct his comments to the police officers based on his perception of their ./_OFFICIAL_SENSITIVE__SoS_decision_-_Blinston_Zac_Redacted.pdf-characteristics. For example, his use of the word “dyke” was directed to a specific female ./_OFFICIAL_SENSITIVE__SoS_decision_-_Blinston_Zac_Redacted.pdf-officer, and Mr Blinston continued to use this comment against that officer in an attempt ./_OFFICIAL_SENSITIVE__SoS_decision_-_Blinston_Zac_Redacted.pdf:to cause offence based on his perception of her sexuality. ./_OFFICIAL_SENSITIVE__SoS_decision_-_Blinston_Zac_Redacted.pdf- ./_OFFICIAL_SENSITIVE__SoS_decision_-_Blinston_Zac_Redacted.pdf-The panel therefore found this allegation proved. ./_OFFICIAL_SENSITIVE__SoS_decision_-_Blinston_Zac_Redacted.pdf- ./_OFFICIAL_SENSITIVE__SoS_decision_-_Blinston_Zac_Redacted.pdf- 3. On or around 28 November 2019, you were convicted of the offence of 3 ./_OFFICIAL_SENSITIVE__SoS_decision_-_Blinston_Zac_Redacted.pdf- counts of assault on a police officer. ./_OFFICIAL_SENSITIVE__SoS_decision_-_Blinston_Zac_Redacted.pdf- ./_OFFICIAL_SENSITIVE__SoS_decision_-_Blinston_Zac_Redacted.pdf-This allegation was admitted and was supported by evidence presented to the panel, ./_OFFICIAL_SENSITIVE__SoS_decision_-_Blinston_Zac_Redacted.pdf-specifically the memorandum of conviction which confirmed Mr Blinston had been ./_OFFICIAL_SENSITIVE__SoS_decision_-_Blinston_Zac_Redacted.pdf-convicted of three counts of assaulting an emergency worker, in this case three police ./_OFFICIAL_SENSITIVE__SoS_decision_-_Blinston_Zac_Redacted.pdf-officers. The allegation was therefore found proved. -- ./_OFFICIAL_SENSITIVE__SoS_decision_-_Blinston_Zac_Redacted.pdf-The panel found the following particulars of the allegations against you not proved, for ./_OFFICIAL_SENSITIVE__SoS_decision_-_Blinston_Zac_Redacted.pdf-these reasons: ./_OFFICIAL_SENSITIVE__SoS_decision_-_Blinston_Zac_Redacted.pdf- ./_OFFICIAL_SENSITIVE__SoS_decision_-_Blinston_Zac_Redacted.pdf- 2. In behaving as may be found proven at allegation 1 above, you: ./_OFFICIAL_SENSITIVE__SoS_decision_-_Blinston_Zac_Redacted.pdf- ./_OFFICIAL_SENSITIVE__SoS_decision_-_Blinston_Zac_Redacted.pdf: a. demonstrated intolerance and/or hatred on the grounds of sexual ./_OFFICIAL_SENSITIVE__SoS_decision_-_Blinston_Zac_Redacted.pdf- orientation; ./_OFFICIAL_SENSITIVE__SoS_decision_-_Blinston_Zac_Redacted.pdf- ./_OFFICIAL_SENSITIVE__SoS_decision_-_Blinston_Zac_Redacted.pdf- b. demonstrated a lack of tolerance and/or respect for the rights and/or ./_OFFICIAL_SENSITIVE__SoS_decision_-_Blinston_Zac_Redacted.pdf- beliefs of others. ./_OFFICIAL_SENSITIVE__SoS_decision_-_Blinston_Zac_Redacted.pdf- ./_OFFICIAL_SENSITIVE__SoS_decision_-_Blinston_Zac_Redacted.pdf-Given the panel’s findings in respect of allegation 1, the panel then considered whether ./_OFFICIAL_SENSITIVE__SoS_decision_-_Blinston_Zac_Redacted.pdf-allegation 2 had been found proven. ./_OFFICIAL_SENSITIVE__SoS_decision_-_Blinston_Zac_Redacted.pdf- ./_OFFICIAL_SENSITIVE__SoS_decision_-_Blinston_Zac_Redacted.pdf-On considering all the evidence, the panel was of the view that Mr Blinston’s conduct was ./_OFFICIAL_SENSITIVE__SoS_decision_-_Blinston_Zac_Redacted.pdf-part of a verbal tirade which was intended to cause offence to the police officers, but ./_official_sensitive__SoS_Decision_for_Cecila_Rooms_redacted.pdf-allegation(s) to be considered without a hearing. The panel had the ability to direct that ./_official_sensitive__SoS_Decision_for_Cecila_Rooms_redacted.pdf-the case be considered at a hearing if required in the interests of justice or in the public ./_official_sensitive__SoS_Decision_for_Cecila_Rooms_redacted.pdf-interest. The panel did not determine that such a direction was necessary or appropriate ./_official_sensitive__SoS_Decision_for_Cecila_Rooms_redacted.pdf-in this case. ./_official_sensitive__SoS_Decision_for_Cecila_Rooms_redacted.pdf- ./_official_sensitive__SoS_Decision_for_Cecila_Rooms_redacted.pdf-Ms Rooms was employed at the Overton School (the “School”) as Deputy Head Teacher ./_official_sensitive__SoS_Decision_for_Cecila_Rooms_redacted.pdf-between September 2018 and July 2019. She was also Deputy Safeguarding Lead at the ./_official_sensitive__SoS_Decision_for_Cecila_Rooms_redacted.pdf-School. ./_official_sensitive__SoS_Decision_for_Cecila_Rooms_redacted.pdf- ./_official_sensitive__SoS_Decision_for_Cecila_Rooms_redacted.pdf-On 9 July 2019, the School was informed that Ms Rooms had a personal relationship ./_official_sensitive__SoS_Decision_for_Cecila_Rooms_redacted.pdf:with Individual A, a registered sex offender (“RSO”). The School informed the LADO of ./_official_sensitive__SoS_Decision_for_Cecila_Rooms_redacted.pdf-the disclosure on 9 July. ./_official_sensitive__SoS_Decision_for_Cecila_Rooms_redacted.pdf- ./_official_sensitive__SoS_Decision_for_Cecila_Rooms_redacted.pdf-Individual A was subject to an indefinite Sexual Harm Prevention Order with the following ./_official_sensitive__SoS_Decision_for_Cecila_Rooms_redacted.pdf-provisions: ./_official_sensitive__SoS_Decision_for_Cecila_Rooms_redacted.pdf- ./_official_sensitive__SoS_Decision_for_Cecila_Rooms_redacted.pdf- a) Using any device capable of accessing the internet unless: ./_official_sensitive__SoS_Decision_for_Cecila_Rooms_redacted.pdf- i. it has the capacity to retain and display the history of internet use, and ./_official_sensitive__SoS_Decision_for_Cecila_Rooms_redacted.pdf- ii. he makes the device available on request for inspection by a police officer; ./_official_sensitive__SoS_Decision_for_Cecila_Rooms_redacted.pdf- b) Deleting such history; ./_official_sensitive__SoS_Decision_for_Cecila_Rooms_redacted.pdf- c) Possessing any device or storing digital images unless he makes it available on -- ./_official_sensitive__SoS_Decision_for_Cecila_Rooms_redacted.pdf- Teachers must have proper and professional regard for the ethos, policies and ./_official_sensitive__SoS_Decision_for_Cecila_Rooms_redacted.pdf- practices of the school in which they teach. ./_official_sensitive__SoS_Decision_for_Cecila_Rooms_redacted.pdf- ./_official_sensitive__SoS_Decision_for_Cecila_Rooms_redacted.pdf- Teachers must have an understanding of, and always act within, the statutory ./_official_sensitive__SoS_Decision_for_Cecila_Rooms_redacted.pdf- frameworks which set out their professional duties and responsibilities. ./_official_sensitive__SoS_Decision_for_Cecila_Rooms_redacted.pdf- ./_official_sensitive__SoS_Decision_for_Cecila_Rooms_redacted.pdf-The panel finds that the conduct of Ms Rooms fell significantly short of the standards ./_official_sensitive__SoS_Decision_for_Cecila_Rooms_redacted.pdf-expected of the profession. ./_official_sensitive__SoS_Decision_for_Cecila_Rooms_redacted.pdf- ./_official_sensitive__SoS_Decision_for_Cecila_Rooms_redacted.pdf-The findings of misconduct are particularly serious as they include a finding of failing to ./_official_sensitive__SoS_Decision_for_Cecila_Rooms_redacted.pdf:disclose a personal relationship with a convicted and registered sex offender, allowing ./_official_sensitive__SoS_Decision_for_Cecila_Rooms_redacted.pdf-the individual to use/access a school laptop and inviting the individual to visit a property ./_official_sensitive__SoS_Decision_for_Cecila_Rooms_redacted.pdf-when it was likely a young child was present. ./_official_sensitive__SoS_Decision_for_Cecila_Rooms_redacted.pdf- ./_official_sensitive__SoS_Decision_for_Cecila_Rooms_redacted.pdf-I have to determine whether the imposition of a prohibition order is proportionate and in ./_official_sensitive__SoS_Decision_for_Cecila_Rooms_redacted.pdf-the public interest. In considering that for this case, I have considered the overall aim of a ./_official_sensitive__SoS_Decision_for_Cecila_Rooms_redacted.pdf-prohibition order which is to protect pupils and to maintain public confidence in the ./_official_sensitive__SoS_Decision_for_Cecila_Rooms_redacted.pdf-profession. I have considered the extent to which a prohibition order in this case would ./_official_sensitive__SoS_Decision_for_Cecila_Rooms_redacted.pdf-achieve that aim taking into account the impact that it will have on the individual teacher. ./_official_sensitive__SoS_Decision_for_Cecila_Rooms_redacted.pdf-I have also asked myself, whether a less intrusive measure, such as the published ./_official_sensitive__SoS_Decision_for_Cecila_Rooms_redacted.pdf-finding of unacceptable professional conduct and conduct that may bring the profession -- ./_official_sensitive__SoS_Decision_for_Cecila_Rooms_redacted.pdf-relationship with a RSO who presented a risk to children, had kept this relationship ./_official_sensitive__SoS_Decision_for_Cecila_Rooms_redacted.pdf-hidden from her family and the School, had allowed Individual A access to a School ./_official_sensitive__SoS_Decision_for_Cecila_Rooms_redacted.pdf-laptop, and had invited him to her home when a young child could have been present.” In ./_official_sensitive__SoS_Decision_for_Cecila_Rooms_redacted.pdf-my view as it appears this relationship continued over a number of years and in Ms ./_official_sensitive__SoS_Decision_for_Cecila_Rooms_redacted.pdf-Rooms’ role, it is reasonable to expect that she would have been aware of the need to ./_official_sensitive__SoS_Decision_for_Cecila_Rooms_redacted.pdf-disclose this information to the school at the earliest opportunity and prevent further risk. ./_official_sensitive__SoS_Decision_for_Cecila_Rooms_redacted.pdf- ./_official_sensitive__SoS_Decision_for_Cecila_Rooms_redacted.pdf-I have also given considerable weight to the risk of Ms Rooms’ actions in allowing ./_official_sensitive__SoS_Decision_for_Cecila_Rooms_redacted.pdf-Individual A use of a school device, which could potentially allow access to personal data ./_official_sensitive__SoS_Decision_for_Cecila_Rooms_redacted.pdf-regarding children, which is particularly serious given Individual A was unconnected with ./_official_sensitive__SoS_Decision_for_Cecila_Rooms_redacted.pdf:the school and a registered sex offender. ./_official_sensitive__SoS_Decision_for_Cecila_Rooms_redacted.pdf- ./_official_sensitive__SoS_Decision_for_Cecila_Rooms_redacted.pdf-I have given less weight in my consideration of sanction therefore, to the contribution that ./_official_sensitive__SoS_Decision_for_Cecila_Rooms_redacted.pdf-Ms Room has made to the profession. In my view, it is necessary to impose a prohibition ./_official_sensitive__SoS_Decision_for_Cecila_Rooms_redacted.pdf-order in order to maintain public confidence in the profession. A published decision, in ./_official_sensitive__SoS_Decision_for_Cecila_Rooms_redacted.pdf-light of the circumstances in this case, that is not backed up insight, does not in my view ./_official_sensitive__SoS_Decision_for_Cecila_Rooms_redacted.pdf-satisfy the public interest requirement concerning public confidence in the profession. ./_official_sensitive__SoS_Decision_for_Cecila_Rooms_redacted.pdf- ./_official_sensitive__SoS_Decision_for_Cecila_Rooms_redacted.pdf-For these reasons, I have concluded that a prohibition order is proportionate and in the ./_official_sensitive__SoS_Decision_for_Cecila_Rooms_redacted.pdf-public interest in order to achieve the intended aims of a prohibition order. ./_official_sensitive__SoS_Decision_for_Cecila_Rooms_redacted.pdf- ./_Official_Sensitive__SoS_decision_for_Malcom_Archer__REDACTED_.pdf-conduct that may bring the profession into disrepute, in that whilst employed as assistant ./_Official_Sensitive__SoS_decision_for_Malcom_Archer__REDACTED_.pdf-director of music at Magdalen College School in Oxford between 1976 and 1978: ./_Official_Sensitive__SoS_decision_for_Malcom_Archer__REDACTED_.pdf- ./_Official_Sensitive__SoS_decision_for_Malcom_Archer__REDACTED_.pdf-1. Between 1977-1978 you engaged in inappropriate and/or unprofessional behaviour ./_Official_Sensitive__SoS_decision_for_Malcom_Archer__REDACTED_.pdf-towards Pupil A, a pupil at another school, including by: ./_Official_Sensitive__SoS_decision_for_Malcom_Archer__REDACTED_.pdf- ./_Official_Sensitive__SoS_decision_for_Malcom_Archer__REDACTED_.pdf- a. Sharing a bed with Pupil A; ./_Official_Sensitive__SoS_decision_for_Malcom_Archer__REDACTED_.pdf- ./_Official_Sensitive__SoS_decision_for_Malcom_Archer__REDACTED_.pdf- b. Kissing Pupil A; ./_Official_Sensitive__SoS_decision_for_Malcom_Archer__REDACTED_.pdf- ./_Official_Sensitive__SoS_decision_for_Malcom_Archer__REDACTED_.pdf: c: Engaging in sexual activity with Pupil A by: ./_Official_Sensitive__SoS_decision_for_Malcom_Archer__REDACTED_.pdf- ./_Official_Sensitive__SoS_decision_for_Malcom_Archer__REDACTED_.pdf- a. Fondling and/or masturbating Pupil A's penis; ./_Official_Sensitive__SoS_decision_for_Malcom_Archer__REDACTED_.pdf- ./_Official_Sensitive__SoS_decision_for_Malcom_Archer__REDACTED_.pdf- b. Having and/or asking Pupil A to fondle and/or masturbate your penis. ./_Official_Sensitive__SoS_decision_for_Malcom_Archer__REDACTED_.pdf- ./_Official_Sensitive__SoS_decision_for_Malcom_Archer__REDACTED_.pdf:2. You behaviour as may be found proven at allegation 1 above was conduct of a sexual ./_Official_Sensitive__SoS_decision_for_Malcom_Archer__REDACTED_.pdf:nature and/or was sexually motivated. ./_Official_Sensitive__SoS_decision_for_Malcom_Archer__REDACTED_.pdf- ./_Official_Sensitive__SoS_decision_for_Malcom_Archer__REDACTED_.pdf-Mr Archer denied the allegations in their entirety. ./_Official_Sensitive__SoS_decision_for_Malcom_Archer__REDACTED_.pdf- ./_Official_Sensitive__SoS_decision_for_Malcom_Archer__REDACTED_.pdf- ./_Official_Sensitive__SoS_decision_for_Malcom_Archer__REDACTED_.pdf-Preliminary applications ./_Official_Sensitive__SoS_decision_for_Malcom_Archer__REDACTED_.pdf-The panel considered the following preliminary applications and took account of the ./_Official_Sensitive__SoS_decision_for_Malcom_Archer__REDACTED_.pdf-parties' submissions both written and oral and the advice of the legal adviser, which the ./_Official_Sensitive__SoS_decision_for_Malcom_Archer__REDACTED_.pdf-panel has followed. ./_Official_Sensitive__SoS_decision_for_Malcom_Archer__REDACTED_.pdf- ./_Official_Sensitive__SoS_decision_for_Malcom_Archer__REDACTED_.pdf-Questioning of Pupil A -- ./_Official_Sensitive__SoS_decision_for_Malcom_Archer__REDACTED_.pdf-The panel therefore directs that a third party undertakes this appointment. The panel also ./_Official_Sensitive__SoS_decision_for_Malcom_Archer__REDACTED_.pdf-considers that the person should be a legally qualified advocate with sufficient ./_Official_Sensitive__SoS_decision_for_Malcom_Archer__REDACTED_.pdf-experience to be able to deal with cross examining witnesses in a case of this nature. ./_Official_Sensitive__SoS_decision_for_Malcom_Archer__REDACTED_.pdf- ./_Official_Sensitive__SoS_decision_for_Malcom_Archer__REDACTED_.pdf-Pupil A's Evidence ./_Official_Sensitive__SoS_decision_for_Malcom_Archer__REDACTED_.pdf- ./_Official_Sensitive__SoS_decision_for_Malcom_Archer__REDACTED_.pdf-The panel is satisfied that Pupil A falls into the category of a [REDACTED]. He is a ./_Official_Sensitive__SoS_decision_for_Malcom_Archer__REDACTED_.pdf:complainant in an allegation of a sexual nature. In order to safeguard the interests of the ./_Official_Sensitive__SoS_decision_for_Malcom_Archer__REDACTED_.pdf-witness, the panel directs that the witness will be offered special measures. ./_Official_Sensitive__SoS_decision_for_Malcom_Archer__REDACTED_.pdf- ./_Official_Sensitive__SoS_decision_for_Malcom_Archer__REDACTED_.pdf-The special measure will be that Mr Archer's visual presence on the virtual call will be ./_Official_Sensitive__SoS_decision_for_Malcom_Archer__REDACTED_.pdf-obscured from Pupil A whilst he is giving evidence. Both Pupil A's and Mr Archer's visual ./_Official_Sensitive__SoS_decision_for_Malcom_Archer__REDACTED_.pdf-presence should still remain visible to all other participants in this hearing. ./_Official_Sensitive__SoS_decision_for_Malcom_Archer__REDACTED_.pdf- ./_Official_Sensitive__SoS_decision_for_Malcom_Archer__REDACTED_.pdf-Disputed Document (allegations stage) ./_Official_Sensitive__SoS_decision_for_Malcom_Archer__REDACTED_.pdf- ./_Official_Sensitive__SoS_decision_for_Malcom_Archer__REDACTED_.pdf-The panel has considered whether to admit a disputed expert report by [REDACTED], or ./_Official_Sensitive__SoS_decision_for_Malcom_Archer__REDACTED_.pdf-parts of the report. At this stage of the proceedings, the panel is concerned with whether -- ./_Official_Sensitive__SoS_decision_for_Malcom_Archer__REDACTED_.pdf-Any further documents or notice of proposed witnesses Mr Archer seeks to rely on for ./_Official_Sensitive__SoS_decision_for_Malcom_Archer__REDACTED_.pdf-mitigation must be served on the TRA by 16:00 on 5 July 2022. ./_Official_Sensitive__SoS_decision_for_Malcom_Archer__REDACTED_.pdf- ./_Official_Sensitive__SoS_decision_for_Malcom_Archer__REDACTED_.pdf-Disputed Document (sanction stage) ./_Official_Sensitive__SoS_decision_for_Malcom_Archer__REDACTED_.pdf- ./_Official_Sensitive__SoS_decision_for_Malcom_Archer__REDACTED_.pdf-Having indicated that the panel would consider a further application in regard to ./_Official_Sensitive__SoS_decision_for_Malcom_Archer__REDACTED_.pdf-[REDACTED] report, the Presenting Officer applied for further elements of the report to ./_Official_Sensitive__SoS_decision_for_Malcom_Archer__REDACTED_.pdf-be admitted for the panel's consideration at the sanction stage. ./_Official_Sensitive__SoS_decision_for_Malcom_Archer__REDACTED_.pdf- ./_Official_Sensitive__SoS_decision_for_Malcom_Archer__REDACTED_.pdf-Firstly, the Presenting Officer applied for the rest of the report including both the further ./_Official_Sensitive__SoS_decision_for_Malcom_Archer__REDACTED_.pdf:question and answers with Mr Archer in regard to his wider sexual conduct and the ./_Official_Sensitive__SoS_decision_for_Malcom_Archer__REDACTED_.pdf-expert's analysis of those answers. In the alternative, and bearing in mind the panel's ./_Official_Sensitive__SoS_decision_for_Malcom_Archer__REDACTED_.pdf- ./_Official_Sensitive__SoS_decision_for_Malcom_Archer__REDACTED_.pdf- ./_Official_Sensitive__SoS_decision_for_Malcom_Archer__REDACTED_.pdf- ./_Official_Sensitive__SoS_decision_for_Malcom_Archer__REDACTED_.pdf- 6 ./_Official_Sensitive__SoS_decision_for_Malcom_Archer__REDACTED_.pdf- -- ./_Official_Sensitive__SoS_decision_for_Malcom_Archer__REDACTED_.pdf-earlier decision, the Presenting Officer applied for just the further question and answers ./_Official_Sensitive__SoS_decision_for_Malcom_Archer__REDACTED_.pdf:on the wider sexual conduct and not the expert's analysis. ./_Official_Sensitive__SoS_decision_for_Malcom_Archer__REDACTED_.pdf- ./_Official_Sensitive__SoS_decision_for_Malcom_Archer__REDACTED_.pdf-Mr Archer, opposed the further admission of this report, as he did before, on the grounds ./_Official_Sensitive__SoS_decision_for_Malcom_Archer__REDACTED_.pdf-that it would be unfair to do so. He considered that [REDACTED] assessment had been ./_Official_Sensitive__SoS_decision_for_Malcom_Archer__REDACTED_.pdf-undertaken in an unprofessional manner, that he gave responses that he knew to false ./_Official_Sensitive__SoS_decision_for_Malcom_Archer__REDACTED_.pdf-as he thought those responses would help him return to the school and that he was ./_Official_Sensitive__SoS_decision_for_Malcom_Archer__REDACTED_.pdf-[REDACTED] at the time of the assessment. ./_Official_Sensitive__SoS_decision_for_Malcom_Archer__REDACTED_.pdf- ./_Official_Sensitive__SoS_decision_for_Malcom_Archer__REDACTED_.pdf-The panel considered that, as before, they did not need the expert opinion of ./_Official_Sensitive__SoS_decision_for_Malcom_Archer__REDACTED_.pdf-[REDACTED] including any polygraph evaluation to assist them in their assessment for ./_Official_Sensitive__SoS_decision_for_Malcom_Archer__REDACTED_.pdf-the recommendation to the Secretary of State relating to any possible prohibition order. ./_Official_Sensitive__SoS_decision_for_Malcom_Archer__REDACTED_.pdf-This is a task routinely undertaken by panels without the requirement for expert evidence. ./_Official_Sensitive__SoS_decision_for_Malcom_Archer__REDACTED_.pdf-However, the panel accepted that Mr Archer's responses to these wider topics may be ./_Official_Sensitive__SoS_decision_for_Malcom_Archer__REDACTED_.pdf-relevant to their assessment of the risk of further repetition, not just the mitigating ./_Official_Sensitive__SoS_decision_for_Malcom_Archer__REDACTED_.pdf-features present and for which the panel could draw its own inferences and conclusions ./_Official_Sensitive__SoS_decision_for_Malcom_Archer__REDACTED_.pdf-taking into account the concerns that Mr Archer has raised about them. ./_Official_Sensitive__SoS_decision_for_Malcom_Archer__REDACTED_.pdf- ./_Official_Sensitive__SoS_decision_for_Malcom_Archer__REDACTED_.pdf-Accordingly the panel considers it fair and relevant to further admit the Version 3 report ./_Official_Sensitive__SoS_decision_for_Malcom_Archer__REDACTED_.pdf-only in so far as it relates to the questions and answers Mr Archer gave in regard to wider ./_Official_Sensitive__SoS_decision_for_Malcom_Archer__REDACTED_.pdf:sexual conduct. ./_Official_Sensitive__SoS_decision_for_Malcom_Archer__REDACTED_.pdf- ./_Official_Sensitive__SoS_decision_for_Malcom_Archer__REDACTED_.pdf- ./_Official_Sensitive__SoS_decision_for_Malcom_Archer__REDACTED_.pdf-Summary of evidence ./_Official_Sensitive__SoS_decision_for_Malcom_Archer__REDACTED_.pdf-Documents ./_Official_Sensitive__SoS_decision_for_Malcom_Archer__REDACTED_.pdf- ./_Official_Sensitive__SoS_decision_for_Malcom_Archer__REDACTED_.pdf-In advance of the hearing, the panel received a bundle of documents which included: ./_Official_Sensitive__SoS_decision_for_Malcom_Archer__REDACTED_.pdf- ./_Official_Sensitive__SoS_decision_for_Malcom_Archer__REDACTED_.pdf-Section 1: Chronology and anonymised pupil list – page 5 ./_Official_Sensitive__SoS_decision_for_Malcom_Archer__REDACTED_.pdf- ./_Official_Sensitive__SoS_decision_for_Malcom_Archer__REDACTED_.pdf-Section 2: Notice of proceedings and response – pages 6 to 10 -- ./_Official_Sensitive__SoS_decision_for_Malcom_Archer__REDACTED_.pdf- ./_Official_Sensitive__SoS_decision_for_Malcom_Archer__REDACTED_.pdf-Pupil A started attending Widford Lodge Preparatory School, Chelmsford, from the age of ./_Official_Sensitive__SoS_decision_for_Malcom_Archer__REDACTED_.pdf-[REDACTED] and then from the age of [REDCATED]. Whilst at Widford Lodge, Pupil A ./_Official_Sensitive__SoS_decision_for_Malcom_Archer__REDACTED_.pdf-became [REDACTED]. We will refer to [REDACTED] at Widford Lodge as '[REDACTED]' ./_Official_Sensitive__SoS_decision_for_Malcom_Archer__REDACTED_.pdf-in these reasons. ./_Official_Sensitive__SoS_decision_for_Malcom_Archer__REDACTED_.pdf- ./_Official_Sensitive__SoS_decision_for_Malcom_Archer__REDACTED_.pdf-Pupil A was aware that Mr Archer was an [REDACTED] and would accompany the ./_Official_Sensitive__SoS_decision_for_Malcom_Archer__REDACTED_.pdf-[REDACTED] on occasions for tours and concerts but had not formally met Mr Archer at ./_Official_Sensitive__SoS_decision_for_Malcom_Archer__REDACTED_.pdf-that stage. Pupil A then started to attend [REDACTED] home address for [REDACTED]. ./_Official_Sensitive__SoS_decision_for_Malcom_Archer__REDACTED_.pdf-After the [REDACTED], it became the norm for the children to consume alcohol and ./_Official_Sensitive__SoS_decision_for_Malcom_Archer__REDACTED_.pdf:sleep over at the house. During these visits, [REDACTED] began to sexually abuse Pupil ./_Official_Sensitive__SoS_decision_for_Malcom_Archer__REDACTED_.pdf-A and other children. Pupil A did not make any disclosures about this abuse until 2017 ./_Official_Sensitive__SoS_decision_for_Malcom_Archer__REDACTED_.pdf-when the police approached Pupil A, as his name had been mentioned as a possible ./_Official_Sensitive__SoS_decision_for_Malcom_Archer__REDACTED_.pdf:victim of historic sexual abuse by [REDACTED] by other victims. ./_Official_Sensitive__SoS_decision_for_Malcom_Archer__REDACTED_.pdf- ./_Official_Sensitive__SoS_decision_for_Malcom_Archer__REDACTED_.pdf:Pupil A explained to the police that he was subject to sexual abuse by Mr KF, which took ./_Official_Sensitive__SoS_decision_for_Malcom_Archer__REDACTED_.pdf-place at [REDACTED] home. Whilst detailing these experiences, Pupil A also mentioned ./_Official_Sensitive__SoS_decision_for_Malcom_Archer__REDACTED_.pdf-an occasion where Mr Archer was present at [REDACTED] home and that he was ./_Official_Sensitive__SoS_decision_for_Malcom_Archer__REDACTED_.pdf:sexually abused by Mr Archer on that one occasion. Pupil A stated he was [REDACTED] ./_Official_Sensitive__SoS_decision_for_Malcom_Archer__REDACTED_.pdf-when this incident happened. ./_Official_Sensitive__SoS_decision_for_Malcom_Archer__REDACTED_.pdf- ./_Official_Sensitive__SoS_decision_for_Malcom_Archer__REDACTED_.pdf:Following further police enquiries, [REDACTED] and Mr Archer were charged with sexual ./_Official_Sensitive__SoS_decision_for_Malcom_Archer__REDACTED_.pdf-offences. Mr Archer was acquitted by a jury, following a trial that took place at ./_Official_Sensitive__SoS_decision_for_Malcom_Archer__REDACTED_.pdf-Chelmsford Crown Court in [REDACTED]. ./_Official_Sensitive__SoS_decision_for_Malcom_Archer__REDACTED_.pdf- ./_Official_Sensitive__SoS_decision_for_Malcom_Archer__REDACTED_.pdf- ./_Official_Sensitive__SoS_decision_for_Malcom_Archer__REDACTED_.pdf- 8 ./_Official_Sensitive__SoS_decision_for_Malcom_Archer__REDACTED_.pdf- -- ./_Official_Sensitive__SoS_decision_for_Malcom_Archer__REDACTED_.pdf- ./_Official_Sensitive__SoS_decision_for_Malcom_Archer__REDACTED_.pdf-The findings of fact are as follows: ./_Official_Sensitive__SoS_decision_for_Malcom_Archer__REDACTED_.pdf- ./_Official_Sensitive__SoS_decision_for_Malcom_Archer__REDACTED_.pdf-Allegation 1. Between 1977-1978 you engaged in inappropriate and/or ./_Official_Sensitive__SoS_decision_for_Malcom_Archer__REDACTED_.pdf-unprofessional behaviour towards Pupil A, a pupil at another school, including by: ./_Official_Sensitive__SoS_decision_for_Malcom_Archer__REDACTED_.pdf- ./_Official_Sensitive__SoS_decision_for_Malcom_Archer__REDACTED_.pdf- a. Sharing a bed with Pupil A; ./_Official_Sensitive__SoS_decision_for_Malcom_Archer__REDACTED_.pdf- ./_Official_Sensitive__SoS_decision_for_Malcom_Archer__REDACTED_.pdf- b. Kissing Pupil A; ./_Official_Sensitive__SoS_decision_for_Malcom_Archer__REDACTED_.pdf- ./_Official_Sensitive__SoS_decision_for_Malcom_Archer__REDACTED_.pdf: c: Engaging in sexual activity with Pupil A by: ./_Official_Sensitive__SoS_decision_for_Malcom_Archer__REDACTED_.pdf- ./_Official_Sensitive__SoS_decision_for_Malcom_Archer__REDACTED_.pdf- a. Fondling and/or masturbating Pupil A's penis; ./_Official_Sensitive__SoS_decision_for_Malcom_Archer__REDACTED_.pdf- ./_Official_Sensitive__SoS_decision_for_Malcom_Archer__REDACTED_.pdf- b. Having and/or asking Pupil A to fondle and/or masturbate your ./_Official_Sensitive__SoS_decision_for_Malcom_Archer__REDACTED_.pdf- penis. ./_Official_Sensitive__SoS_decision_for_Malcom_Archer__REDACTED_.pdf- ./_Official_Sensitive__SoS_decision_for_Malcom_Archer__REDACTED_.pdf-The panel heard from Pupil A, who explained in both his oral evidence and written ./_Official_Sensitive__SoS_decision_for_Malcom_Archer__REDACTED_.pdf-statements that whilst he was at [REDACTED] house he was introduced to Mr Archer, ./_Official_Sensitive__SoS_decision_for_Malcom_Archer__REDACTED_.pdf-who was assisting with a rehearsal by [REDACTED]. Pupil A recognised it was Mr ./_Official_Sensitive__SoS_decision_for_Malcom_Archer__REDACTED_.pdf-Archer, as he had seen him on a number of other occasions assisting [REDACTED] as ./_Official_Sensitive__SoS_decision_for_Malcom_Archer__REDACTED_.pdf-the [REDACTED]. ./_Official_Sensitive__SoS_decision_for_Malcom_Archer__REDACTED_.pdf- ./_Official_Sensitive__SoS_decision_for_Malcom_Archer__REDACTED_.pdf-When it came to bedtime, Pupil A's evidence was that he was expecting to go into ./_Official_Sensitive__SoS_decision_for_Malcom_Archer__REDACTED_.pdf:[REDACTED] bedroom, which has been part of the pattern of sexual abuse, but on this ./_Official_Sensitive__SoS_decision_for_Malcom_Archer__REDACTED_.pdf-occasion was told by [REDACTED] that 'he would be going to bed with Malcolm'. ./_Official_Sensitive__SoS_decision_for_Malcom_Archer__REDACTED_.pdf- ./_Official_Sensitive__SoS_decision_for_Malcom_Archer__REDACTED_.pdf-Pupil A gave further evidence that once in the spare room, he and Mr Archer got into the ./_Official_Sensitive__SoS_decision_for_Malcom_Archer__REDACTED_.pdf-same bed and removed some, if not all, of their pyjamas and began kissing. This then ./_Official_Sensitive__SoS_decision_for_Malcom_Archer__REDACTED_.pdf-moved on touching each other's penises. ./_Official_Sensitive__SoS_decision_for_Malcom_Archer__REDACTED_.pdf- ./_Official_Sensitive__SoS_decision_for_Malcom_Archer__REDACTED_.pdf-Pupil A provided clear evidence about what happened in the spare room on that ./_Official_Sensitive__SoS_decision_for_Malcom_Archer__REDACTED_.pdf-occasion, including that he could remember that Mr Archer used his tongue when kissing ./_Official_Sensitive__SoS_decision_for_Malcom_Archer__REDACTED_.pdf-and how that particular aspect has stayed with him in to later life as he had found it ./_Official_Sensitive__SoS_decision_for_Malcom_Archer__REDACTED_.pdf-unusual at the time. Pupil A also explained that he could recall that Mr Archer ejaculated, -- ./_Official_Sensitive__SoS_decision_for_Malcom_Archer__REDACTED_.pdf- ./_Official_Sensitive__SoS_decision_for_Malcom_Archer__REDACTED_.pdf-The panel did not hear any oral evidence from Mr Archer in relation to these allegations. ./_Official_Sensitive__SoS_decision_for_Malcom_Archer__REDACTED_.pdf-The panel do not consider that any adverse inference should be drawn against Mr Archer ./_Official_Sensitive__SoS_decision_for_Malcom_Archer__REDACTED_.pdf-for his decision not to give evidence. The panel are mindful that Mr Archer has no duty to ./_Official_Sensitive__SoS_decision_for_Malcom_Archer__REDACTED_.pdf-disprove any factual element in these proceedings. The panel have simply considered ./_Official_Sensitive__SoS_decision_for_Malcom_Archer__REDACTED_.pdf-any account Mr Archer has provided in this case, as they would any other piece of ./_Official_Sensitive__SoS_decision_for_Malcom_Archer__REDACTED_.pdf-hearsay evidence. ./_Official_Sensitive__SoS_decision_for_Malcom_Archer__REDACTED_.pdf- ./_Official_Sensitive__SoS_decision_for_Malcom_Archer__REDACTED_.pdf-As part of that hearsay evidence, the panel have taken that Mr Archer appears to accept ./_Official_Sensitive__SoS_decision_for_Malcom_Archer__REDACTED_.pdf-that he knew [REDACTED], assisted with [REDACTED] and would on occasion attend ./_Official_Sensitive__SoS_decision_for_Malcom_Archer__REDACTED_.pdf:[REDACTED] house but that he denied any sexual activity took place with Pupil A. There ./_Official_Sensitive__SoS_decision_for_Malcom_Archer__REDACTED_.pdf-is no further evidence in the bundle, save for the summary of the police interview under ./_Official_Sensitive__SoS_decision_for_Malcom_Archer__REDACTED_.pdf-caution about Mr Archer's evidence on the specifics of each element of the allegations, ./_Official_Sensitive__SoS_decision_for_Malcom_Archer__REDACTED_.pdf-other than they were denied and that he may have been misidentified from the line of ./_Official_Sensitive__SoS_decision_for_Malcom_Archer__REDACTED_.pdf-questioning in cross examination of Pupil A that took place in the criminal trial. ./_Official_Sensitive__SoS_decision_for_Malcom_Archer__REDACTED_.pdf- ./_Official_Sensitive__SoS_decision_for_Malcom_Archer__REDACTED_.pdf-The panel noted Mr Archer's position in regard to the level of weight that should be given ./_Official_Sensitive__SoS_decision_for_Malcom_Archer__REDACTED_.pdf-to [REDACTED] report. Having considered the further redacted 'Version 1' of the report, ./_Official_Sensitive__SoS_decision_for_Malcom_Archer__REDACTED_.pdf-the panel did not find this evidence of much assistance, other than identifying Mr Archer's ./_Official_Sensitive__SoS_decision_for_Malcom_Archer__REDACTED_.pdf-denial of the factual basis of the allegations. Likewise, Mr Archer has asked the panel to ./_Official_Sensitive__SoS_decision_for_Malcom_Archer__REDACTED_.pdf-take into account a number of references he has provided in this hearing. The panel -- ./_Official_Sensitive__SoS_decision_for_Malcom_Archer__REDACTED_.pdf-as they can to Pupil A's evidence. ./_Official_Sensitive__SoS_decision_for_Malcom_Archer__REDACTED_.pdf- ./_Official_Sensitive__SoS_decision_for_Malcom_Archer__REDACTED_.pdf-The panel have considered that weighing the evidence and factors mentioned above, it is ./_Official_Sensitive__SoS_decision_for_Malcom_Archer__REDACTED_.pdf-more likely than not that Mr Archer was the person in the spare room with Pupil A on that ./_Official_Sensitive__SoS_decision_for_Malcom_Archer__REDACTED_.pdf-occasion and that it was more likely than not that each of the factual elements in this ./_Official_Sensitive__SoS_decision_for_Malcom_Archer__REDACTED_.pdf-allegation took place between them. ./_Official_Sensitive__SoS_decision_for_Malcom_Archer__REDACTED_.pdf- ./_Official_Sensitive__SoS_decision_for_Malcom_Archer__REDACTED_.pdf-Accordingly, the panel find allegation 1 proved in its entirety. ./_Official_Sensitive__SoS_decision_for_Malcom_Archer__REDACTED_.pdf- ./_Official_Sensitive__SoS_decision_for_Malcom_Archer__REDACTED_.pdf-Allegation 2. You behaviour as may be found proven at allegation 1 above was ./_Official_Sensitive__SoS_decision_for_Malcom_Archer__REDACTED_.pdf:conduct of a sexual nature and/or was sexually motivated. ./_Official_Sensitive__SoS_decision_for_Malcom_Archer__REDACTED_.pdf- ./_Official_Sensitive__SoS_decision_for_Malcom_Archer__REDACTED_.pdf-Having found allegation 1 proved, the panel has gone on to consider allegation 2. ./_Official_Sensitive__SoS_decision_for_Malcom_Archer__REDACTED_.pdf- ./_Official_Sensitive__SoS_decision_for_Malcom_Archer__REDACTED_.pdf-The panel consider the specific activities in this case, getting into bed with each other, ./_Official_Sensitive__SoS_decision_for_Malcom_Archer__REDACTED_.pdf-removing their clothing, kissing with tongues and masturbating each other's penises were ./_Official_Sensitive__SoS_decision_for_Malcom_Archer__REDACTED_.pdf:plainly of a sexual nature. The panel considered there was no other possible explanation ./_Official_Sensitive__SoS_decision_for_Malcom_Archer__REDACTED_.pdf-to the purpose and circumstances of these activities and were satisfied on the balance of ./_Official_Sensitive__SoS_decision_for_Malcom_Archer__REDACTED_.pdf:probabilities these allegations were of a sexual nature. ./_Official_Sensitive__SoS_decision_for_Malcom_Archer__REDACTED_.pdf- ./_Official_Sensitive__SoS_decision_for_Malcom_Archer__REDACTED_.pdf-In addition, the panel were satisfied on the balance of probabilities that Mr Archer's ./_Official_Sensitive__SoS_decision_for_Malcom_Archer__REDACTED_.pdf:intention in those actions were for sexual gratification, involving as they did masturbating ./_Official_Sensitive__SoS_decision_for_Malcom_Archer__REDACTED_.pdf-Mr Archer to the point of ejaculation. ./_Official_Sensitive__SoS_decision_for_Malcom_Archer__REDACTED_.pdf- ./_Official_Sensitive__SoS_decision_for_Malcom_Archer__REDACTED_.pdf-Accordingly, the panel find allegation 2 proved in its entirety. ./_Official_Sensitive__SoS_decision_for_Malcom_Archer__REDACTED_.pdf- ./_Official_Sensitive__SoS_decision_for_Malcom_Archer__REDACTED_.pdf-Findings as to unacceptable professional conduct and/or conduct that ./_Official_Sensitive__SoS_decision_for_Malcom_Archer__REDACTED_.pdf-may bring the profession into disrepute ./_Official_Sensitive__SoS_decision_for_Malcom_Archer__REDACTED_.pdf- ./_Official_Sensitive__SoS_decision_for_Malcom_Archer__REDACTED_.pdf-Having found all the allegations proved, the panel went on to consider whether the facts ./_Official_Sensitive__SoS_decision_for_Malcom_Archer__REDACTED_.pdf-of those proved allegations amounted to unacceptable professional conduct and/or ./_Official_Sensitive__SoS_decision_for_Malcom_Archer__REDACTED_.pdf-conduct that may bring the profession into disrepute. -- ./_Official_Sensitive__SoS_decision_for_Malcom_Archer__REDACTED_.pdf- practices of the school in which they teach ./_Official_Sensitive__SoS_decision_for_Malcom_Archer__REDACTED_.pdf- ./_Official_Sensitive__SoS_decision_for_Malcom_Archer__REDACTED_.pdf-  Teachers must have an understanding of, and always act within, the statutory ./_Official_Sensitive__SoS_decision_for_Malcom_Archer__REDACTED_.pdf- frameworks which set out their professional duties and responsibilities ./_Official_Sensitive__SoS_decision_for_Malcom_Archer__REDACTED_.pdf- ./_Official_Sensitive__SoS_decision_for_Malcom_Archer__REDACTED_.pdf-The panel was satisfied that the conduct of Mr Archer amounted to misconduct of a ./_Official_Sensitive__SoS_decision_for_Malcom_Archer__REDACTED_.pdf-serious nature which fell significantly short of the standards expected of the profession. ./_Official_Sensitive__SoS_decision_for_Malcom_Archer__REDACTED_.pdf- ./_Official_Sensitive__SoS_decision_for_Malcom_Archer__REDACTED_.pdf-The panel also considered whether Mr Archer's conduct displayed behaviours associated ./_Official_Sensitive__SoS_decision_for_Malcom_Archer__REDACTED_.pdf-with any of the offences listed on pages 12 and 13 of the Advice. The panel found that ./_Official_Sensitive__SoS_decision_for_Malcom_Archer__REDACTED_.pdf:the offence 'sexual activity' was relevant as this was plainly sexual activity between an ./_Official_Sensitive__SoS_decision_for_Malcom_Archer__REDACTED_.pdf-adult and child. The Advice indicates that where behaviours associated with such an ./_Official_Sensitive__SoS_decision_for_Malcom_Archer__REDACTED_.pdf-offence exist, a panel is likely to conclude that an individual’s conduct would amount to ./_Official_Sensitive__SoS_decision_for_Malcom_Archer__REDACTED_.pdf-unacceptable professional conduct. ./_Official_Sensitive__SoS_decision_for_Malcom_Archer__REDACTED_.pdf- ./_Official_Sensitive__SoS_decision_for_Malcom_Archer__REDACTED_.pdf-The panel noted that the allegations took place outside the education setting. However, ./_Official_Sensitive__SoS_decision_for_Malcom_Archer__REDACTED_.pdf-these allegations involved a clear breach of the position of trust teachers have over ./_Official_Sensitive__SoS_decision_for_Malcom_Archer__REDACTED_.pdf-pupils and clearly call into question Mr Archer's ability to maintain proper boundaries, not ./_Official_Sensitive__SoS_decision_for_Malcom_Archer__REDACTED_.pdf-just between a teacher and pupil, but between any adult and a young child. In addition, ./_Official_Sensitive__SoS_decision_for_Malcom_Archer__REDACTED_.pdf-Pupil A gave evidence about how he felt frightened of [REDACTED] and felt that he could ./_Official_Sensitive__SoS_decision_for_Malcom_Archer__REDACTED_.pdf-not challenge what [REDACTED] told him to do with Mr Archer. Pupil A also told the -- ./_Official_Sensitive__SoS_decision_for_Malcom_Archer__REDACTED_.pdf-  the maintenance of public confidence in the profession – assessed by reference to ./_Official_Sensitive__SoS_decision_for_Malcom_Archer__REDACTED_.pdf- the standard of the ordinary intelligent and well-informed citizen who both ./_Official_Sensitive__SoS_decision_for_Malcom_Archer__REDACTED_.pdf- appreciates the seriousness of the proposed ‘sanction’ and recognises the high ./_Official_Sensitive__SoS_decision_for_Malcom_Archer__REDACTED_.pdf- standards expected of all teachers, as well as other issues involved in the case; ./_Official_Sensitive__SoS_decision_for_Malcom_Archer__REDACTED_.pdf- ./_Official_Sensitive__SoS_decision_for_Malcom_Archer__REDACTED_.pdf-  declaring and upholding proper standards of conduct; the interest of retaining the ./_Official_Sensitive__SoS_decision_for_Malcom_Archer__REDACTED_.pdf- teacher in the profession; ./_Official_Sensitive__SoS_decision_for_Malcom_Archer__REDACTED_.pdf- ./_Official_Sensitive__SoS_decision_for_Malcom_Archer__REDACTED_.pdf-In the light of the panel’s findings against Mr Archer, there was a strong public interest ./_Official_Sensitive__SoS_decision_for_Malcom_Archer__REDACTED_.pdf-consideration in respect of the protection of pupils, given the findings of serious ./_Official_Sensitive__SoS_decision_for_Malcom_Archer__REDACTED_.pdf:misconduct in relation to an inappropriate sexual relationship with Pupil A which has ./_Official_Sensitive__SoS_decision_for_Malcom_Archer__REDACTED_.pdf-resulted on ongoing harm to Pupil A. Similarly, the panel considered that public ./_Official_Sensitive__SoS_decision_for_Malcom_Archer__REDACTED_.pdf-confidence in the profession could be seriously weakened if conduct such as that found ./_Official_Sensitive__SoS_decision_for_Malcom_Archer__REDACTED_.pdf-against Mr Archer were not treated with the utmost seriousness when regulating the ./_Official_Sensitive__SoS_decision_for_Malcom_Archer__REDACTED_.pdf-conduct of the profession. The panel was of the view that a strong public interest ./_Official_Sensitive__SoS_decision_for_Malcom_Archer__REDACTED_.pdf-consideration in declaring proper standards of conduct in the profession was also present ./_Official_Sensitive__SoS_decision_for_Malcom_Archer__REDACTED_.pdf- ./_Official_Sensitive__SoS_decision_for_Malcom_Archer__REDACTED_.pdf- 13 ./_Official_Sensitive__SoS_decision_for_Malcom_Archer__REDACTED_.pdf- -- ./_Official_Sensitive__SoS_decision_for_Malcom_Archer__REDACTED_.pdf-of such behaviours, those that were relevant in this case were: ./_Official_Sensitive__SoS_decision_for_Malcom_Archer__REDACTED_.pdf- ./_Official_Sensitive__SoS_decision_for_Malcom_Archer__REDACTED_.pdf-  serious departure from the personal and professional conduct elements of the ./_Official_Sensitive__SoS_decision_for_Malcom_Archer__REDACTED_.pdf- Teachers’ Standards; ./_Official_Sensitive__SoS_decision_for_Malcom_Archer__REDACTED_.pdf- ./_Official_Sensitive__SoS_decision_for_Malcom_Archer__REDACTED_.pdf-  misconduct seriously affecting the education and/or well-being of pupils, and ./_Official_Sensitive__SoS_decision_for_Malcom_Archer__REDACTED_.pdf- particularly where there is a continuing risk; ./_Official_Sensitive__SoS_decision_for_Malcom_Archer__REDACTED_.pdf- ./_Official_Sensitive__SoS_decision_for_Malcom_Archer__REDACTED_.pdf-  abuse of position or trust (particularly involving pupils); ./_Official_Sensitive__SoS_decision_for_Malcom_Archer__REDACTED_.pdf- ./_Official_Sensitive__SoS_decision_for_Malcom_Archer__REDACTED_.pdf:  sexual misconduct, for example, involving actions that were sexually motivated or ./_Official_Sensitive__SoS_decision_for_Malcom_Archer__REDACTED_.pdf: of a sexual nature and/or that use or exploit the trust, knowledge or influence ./_Official_Sensitive__SoS_decision_for_Malcom_Archer__REDACTED_.pdf- derived from the individual’s professional position; ./_Official_Sensitive__SoS_decision_for_Malcom_Archer__REDACTED_.pdf- ./_Official_Sensitive__SoS_decision_for_Malcom_Archer__REDACTED_.pdf-Even though some of the behaviour found proved in this case indicated that a prohibition ./_Official_Sensitive__SoS_decision_for_Malcom_Archer__REDACTED_.pdf-order would be appropriate, the panel went on to consider the mitigating factors. ./_Official_Sensitive__SoS_decision_for_Malcom_Archer__REDACTED_.pdf-Mitigating factors may indicate that a prohibition order would not be appropriate or ./_Official_Sensitive__SoS_decision_for_Malcom_Archer__REDACTED_.pdf-proportionate. ./_Official_Sensitive__SoS_decision_for_Malcom_Archer__REDACTED_.pdf- ./_Official_Sensitive__SoS_decision_for_Malcom_Archer__REDACTED_.pdf-There was no evidence that Mr Archer's actions were not deliberate. There was no ./_Official_Sensitive__SoS_decision_for_Malcom_Archer__REDACTED_.pdf-evidence to suggest that Mr Archer was acting under duress, and, in fact, the panel found ./_Official_Sensitive__SoS_decision_for_Malcom_Archer__REDACTED_.pdf-Mr Archer's actions to be deliberate. -- ./_Official_Sensitive__SoS_decision_for_Malcom_Archer__REDACTED_.pdf-no recommendation of prohibition, considering whether the publication of the findings ./_Official_Sensitive__SoS_decision_for_Malcom_Archer__REDACTED_.pdf-made by the panel would be sufficient. ./_Official_Sensitive__SoS_decision_for_Malcom_Archer__REDACTED_.pdf- ./_Official_Sensitive__SoS_decision_for_Malcom_Archer__REDACTED_.pdf-The panel was of the view that, applying the standard of the ordinary intelligent citizen, it ./_Official_Sensitive__SoS_decision_for_Malcom_Archer__REDACTED_.pdf-would not be a proportionate and appropriate response to recommend no prohibition ./_Official_Sensitive__SoS_decision_for_Malcom_Archer__REDACTED_.pdf-order. Recommending that the publication of adverse findings would be sufficient would ./_Official_Sensitive__SoS_decision_for_Malcom_Archer__REDACTED_.pdf-unacceptably compromise the public interest considerations present in this case, despite ./_Official_Sensitive__SoS_decision_for_Malcom_Archer__REDACTED_.pdf-the severity of the consequences for Mr Archer of prohibition. ./_Official_Sensitive__SoS_decision_for_Malcom_Archer__REDACTED_.pdf- ./_Official_Sensitive__SoS_decision_for_Malcom_Archer__REDACTED_.pdf-The panel was of the view that prohibition was both proportionate and appropriate. The ./_Official_Sensitive__SoS_decision_for_Malcom_Archer__REDACTED_.pdf:conduct was of a serious sexual nature and was at the top end of that spectrum. The ./_Official_Sensitive__SoS_decision_for_Malcom_Archer__REDACTED_.pdf-appropriate weighting to the public interest factors against Mr Archer, namely protecting ./_Official_Sensitive__SoS_decision_for_Malcom_Archer__REDACTED_.pdf-pupils and declaring and maintaining standards in the profession outweighed the positive ./_Official_Sensitive__SoS_decision_for_Malcom_Archer__REDACTED_.pdf-public interest there was in retaining Mr Archer in the profession. ./_Official_Sensitive__SoS_decision_for_Malcom_Archer__REDACTED_.pdf- ./_Official_Sensitive__SoS_decision_for_Malcom_Archer__REDACTED_.pdf-Accordingly, the panel made a recommendation to the Secretary of State that a ./_Official_Sensitive__SoS_decision_for_Malcom_Archer__REDACTED_.pdf-prohibition order should be imposed with immediate effect. ./_Official_Sensitive__SoS_decision_for_Malcom_Archer__REDACTED_.pdf- ./_Official_Sensitive__SoS_decision_for_Malcom_Archer__REDACTED_.pdf-The panel went on to consider whether or not it would be appropriate for it to decide to ./_Official_Sensitive__SoS_decision_for_Malcom_Archer__REDACTED_.pdf-recommend a review period of the order. The panel was mindful that the Advice states ./_Official_Sensitive__SoS_decision_for_Malcom_Archer__REDACTED_.pdf-that a prohibition order applies for life, but there may be circumstances, in any given ./_Official_Sensitive__SoS_decision_for_Malcom_Archer__REDACTED_.pdf-case, that may make it appropriate to allow a teacher to apply to have the prohibition ./_Official_Sensitive__SoS_decision_for_Malcom_Archer__REDACTED_.pdf-order reviewed after a specified period of time that may not be less than 2 years. ./_Official_Sensitive__SoS_decision_for_Malcom_Archer__REDACTED_.pdf- ./_Official_Sensitive__SoS_decision_for_Malcom_Archer__REDACTED_.pdf-The Advice indicates that there are behaviours that, if proved, would militate against the ./_Official_Sensitive__SoS_decision_for_Malcom_Archer__REDACTED_.pdf-recommendation of a review period. The panel found that Mr Archer was responsible for ./_Official_Sensitive__SoS_decision_for_Malcom_Archer__REDACTED_.pdf:engaging in a sexual activity with a child whilst essentially under loco parentis of Pupil A ./_Official_Sensitive__SoS_decision_for_Malcom_Archer__REDACTED_.pdf-and fell squarely into the following listed behaviours: ./_Official_Sensitive__SoS_decision_for_Malcom_Archer__REDACTED_.pdf- ./_Official_Sensitive__SoS_decision_for_Malcom_Archer__REDACTED_.pdf:  serious sexual misconduct, such as where the act was sexually motivated and ./_Official_Sensitive__SoS_decision_for_Malcom_Archer__REDACTED_.pdf- resulted in, or had the potential to result in, harm to a person or persons, ./_Official_Sensitive__SoS_decision_for_Malcom_Archer__REDACTED_.pdf- particularly where the individual has used his professional position to influence or ./_Official_Sensitive__SoS_decision_for_Malcom_Archer__REDACTED_.pdf- exploit a person or persons ./_Official_Sensitive__SoS_decision_for_Malcom_Archer__REDACTED_.pdf- ./_Official_Sensitive__SoS_decision_for_Malcom_Archer__REDACTED_.pdf:  any sexual misconduct involving a child; ./_Official_Sensitive__SoS_decision_for_Malcom_Archer__REDACTED_.pdf- ./_Official_Sensitive__SoS_decision_for_Malcom_Archer__REDACTED_.pdf-Whilst Mr Archer has engaged with these proceedings and had the benefit of an ./_Official_Sensitive__SoS_decision_for_Malcom_Archer__REDACTED_.pdf-adjournment, following the findings of unacceptable professional conduct and conduct ./_Official_Sensitive__SoS_decision_for_Malcom_Archer__REDACTED_.pdf-that may bring the profession into disrepute, in order to seek further advice and an ./_Official_Sensitive__SoS_decision_for_Malcom_Archer__REDACTED_.pdf-opportunity to place further mitigating material before the panel. Mr Archer did place a ./_Official_Sensitive__SoS_decision_for_Malcom_Archer__REDACTED_.pdf-further witness statement and submissions prepared by counsel he had instructed before ./_Official_Sensitive__SoS_decision_for_Malcom_Archer__REDACTED_.pdf-the panel, but has not placed any material before the panel which suggests he has ./_Official_Sensitive__SoS_decision_for_Malcom_Archer__REDACTED_.pdf-demonstrated any significant insight or remorse into his actions. ./_Official_Sensitive__SoS_decision_for_Malcom_Archer__REDACTED_.pdf- ./_Official_Sensitive__SoS_decision_for_Malcom_Archer__REDACTED_.pdf- -- ./_Official_Sensitive__SoS_decision_for_Malcom_Archer__REDACTED_.pdf-  Teachers must have an understanding of, and always act within, the statutory ./_Official_Sensitive__SoS_decision_for_Malcom_Archer__REDACTED_.pdf- frameworks which set out their professional duties and responsibilities ./_Official_Sensitive__SoS_decision_for_Malcom_Archer__REDACTED_.pdf- ./_Official_Sensitive__SoS_decision_for_Malcom_Archer__REDACTED_.pdf-The panel finds that the conduct of Mr Archer fell significantly short of the standards ./_Official_Sensitive__SoS_decision_for_Malcom_Archer__REDACTED_.pdf-expected of the profession. ./_Official_Sensitive__SoS_decision_for_Malcom_Archer__REDACTED_.pdf- ./_Official_Sensitive__SoS_decision_for_Malcom_Archer__REDACTED_.pdf-The findings of misconduct are particularly serious as they include a finding of serious ./_Official_Sensitive__SoS_decision_for_Malcom_Archer__REDACTED_.pdf:misconduct in relation to an inappropriate sexual relationship with a Pupil. ./_Official_Sensitive__SoS_decision_for_Malcom_Archer__REDACTED_.pdf- ./_Official_Sensitive__SoS_decision_for_Malcom_Archer__REDACTED_.pdf-I have to determine whether the imposition of a prohibition order is proportionate and in ./_Official_Sensitive__SoS_decision_for_Malcom_Archer__REDACTED_.pdf-the public interest. In considering that for this case, I have considered the overall aim of a ./_Official_Sensitive__SoS_decision_for_Malcom_Archer__REDACTED_.pdf-prohibition order which is to protect pupils and to maintain public confidence in the ./_Official_Sensitive__SoS_decision_for_Malcom_Archer__REDACTED_.pdf-profession. I have considered the extent to which a prohibition order in this case would ./_Official_Sensitive__SoS_decision_for_Malcom_Archer__REDACTED_.pdf-achieve that aim taking into account the impact that it will have on the individual teacher. ./_Official_Sensitive__SoS_decision_for_Malcom_Archer__REDACTED_.pdf-I have also asked myself, whether a less intrusive measure, such as the published ./_Official_Sensitive__SoS_decision_for_Malcom_Archer__REDACTED_.pdf-finding of unacceptable professional conduct and conduct that may bring the profession ./_Official_Sensitive__SoS_decision_for_Malcom_Archer__REDACTED_.pdf-into disrepute, would itself be sufficient to achieve the overall aim. I have to consider ./_Official_Sensitive__SoS_decision_for_Malcom_Archer__REDACTED_.pdf-whether the consequences of such a publication are themselves sufficient. I have ./_Official_Sensitive__SoS_decision_for_Malcom_Archer__REDACTED_.pdf-considered therefore whether or not prohibiting Mr Archer, and the impact that will have ./_Official_Sensitive__SoS_decision_for_Malcom_Archer__REDACTED_.pdf-on the teacher, is proportionate and in the public interest. ./_Official_Sensitive__SoS_decision_for_Malcom_Archer__REDACTED_.pdf- ./_Official_Sensitive__SoS_decision_for_Malcom_Archer__REDACTED_.pdf-In this case, I have considered the extent to which a prohibition order would protect ./_Official_Sensitive__SoS_decision_for_Malcom_Archer__REDACTED_.pdf-children/safeguard pupils. The panel has observed, “there was a strong public interest ./_Official_Sensitive__SoS_decision_for_Malcom_Archer__REDACTED_.pdf-consideration in respect of the protection of pupils, given the findings of serious ./_Official_Sensitive__SoS_decision_for_Malcom_Archer__REDACTED_.pdf:misconduct in relation to an inappropriate sexual relationship with Pupil A which has ./_Official_Sensitive__SoS_decision_for_Malcom_Archer__REDACTED_.pdf-resulted on ongoing harm to Pupil A.” A prohibition order would therefore prevent such a ./_Official_Sensitive__SoS_decision_for_Malcom_Archer__REDACTED_.pdf-risk from being present in the future. ./_Official_Sensitive__SoS_decision_for_Malcom_Archer__REDACTED_.pdf- ./_Official_Sensitive__SoS_decision_for_Malcom_Archer__REDACTED_.pdf-I have also taken into account the panel’s comments on insight and remorse, which the ./_Official_Sensitive__SoS_decision_for_Malcom_Archer__REDACTED_.pdf-panel sets out as follows, “Mr Archer did place a further witness statement and ./_Official_Sensitive__SoS_decision_for_Malcom_Archer__REDACTED_.pdf-submissions prepared by counsel he had instructed before the panel, but has not placed ./_Official_Sensitive__SoS_decision_for_Malcom_Archer__REDACTED_.pdf-any material before the panel which suggests he has demonstrated any significant insight ./_Official_Sensitive__SoS_decision_for_Malcom_Archer__REDACTED_.pdf-or remorse into his actions.” In my judgement, the lack of insight or remorse means that ./_Official_Sensitive__SoS_decision_for_Malcom_Archer__REDACTED_.pdf-there is some risk of the repetition of this behaviour and this puts at risk the future ./_Official_Sensitive__SoS_decision_for_Malcom_Archer__REDACTED_.pdf-wellbeing of pupils’. I have therefore given this element considerable weight in reaching ./_Official_Sensitive__SoS_decision_for_Malcom_Archer__REDACTED_.pdf-my decision. ./_Official_Sensitive__SoS_decision_for_Malcom_Archer__REDACTED_.pdf- ./_Official_Sensitive__SoS_decision_for_Malcom_Archer__REDACTED_.pdf-I have gone on to consider the extent to which a prohibition order would maintain public ./_Official_Sensitive__SoS_decision_for_Malcom_Archer__REDACTED_.pdf-confidence in the profession. The panel observe, “the panel considered that public ./_Official_Sensitive__SoS_decision_for_Malcom_Archer__REDACTED_.pdf-confidence in the profession could be seriously weakened if conduct such as that found ./_Official_Sensitive__SoS_decision_for_Malcom_Archer__REDACTED_.pdf-against Mr Archer were not treated with the utmost seriousness when regulating the ./_Official_Sensitive__SoS_decision_for_Malcom_Archer__REDACTED_.pdf:conduct of the profession.” I am particularly mindful of the finding of sexual misconduct ./_Official_Sensitive__SoS_decision_for_Malcom_Archer__REDACTED_.pdf-with a pupil in this case and the impact that such a finding has on the reputation of the ./_Official_Sensitive__SoS_decision_for_Malcom_Archer__REDACTED_.pdf-profession. ./_Official_Sensitive__SoS_decision_for_Malcom_Archer__REDACTED_.pdf- ./_Official_Sensitive__SoS_decision_for_Malcom_Archer__REDACTED_.pdf- ./_Official_Sensitive__SoS_decision_for_Malcom_Archer__REDACTED_.pdf- 17 ./_Official_Sensitive__SoS_decision_for_Malcom_Archer__REDACTED_.pdf- -- ./_Official_Sensitive__SoS_decision_for_Malcom_Archer__REDACTED_.pdf-force. ./_Official_Sensitive__SoS_decision_for_Malcom_Archer__REDACTED_.pdf- ./_Official_Sensitive__SoS_decision_for_Malcom_Archer__REDACTED_.pdf-In this case, I have placed considerable weight on the panel’s comments, “The panel ./_Official_Sensitive__SoS_decision_for_Malcom_Archer__REDACTED_.pdf-were particularly mindful of the fact that at the material time, Mr Archer was in effect in ./_Official_Sensitive__SoS_decision_for_Malcom_Archer__REDACTED_.pdf-loco parentis of Pupil A and abused the trust and confidence that the public would have ./_Official_Sensitive__SoS_decision_for_Malcom_Archer__REDACTED_.pdf-in a person of Mr Archer's position.” ./_Official_Sensitive__SoS_decision_for_Malcom_Archer__REDACTED_.pdf- ./_Official_Sensitive__SoS_decision_for_Malcom_Archer__REDACTED_.pdf-The Advice indicates that there are behaviours that, if proved, would militate against the ./_Official_Sensitive__SoS_decision_for_Malcom_Archer__REDACTED_.pdf-recommendation of a review period. These include: ./_Official_Sensitive__SoS_decision_for_Malcom_Archer__REDACTED_.pdf- ./_Official_Sensitive__SoS_decision_for_Malcom_Archer__REDACTED_.pdf:  serious sexual misconduct, such as where the act was sexually motivated and ./_Official_Sensitive__SoS_decision_for_Malcom_Archer__REDACTED_.pdf- resulted in, or had the potential to result in, harm to a person or persons, ./_Official_Sensitive__SoS_decision_for_Malcom_Archer__REDACTED_.pdf- particularly where the individual has used his professional position to influence or ./_Official_Sensitive__SoS_decision_for_Malcom_Archer__REDACTED_.pdf- exploit a person or persons ./_Official_Sensitive__SoS_decision_for_Malcom_Archer__REDACTED_.pdf- ./_Official_Sensitive__SoS_decision_for_Malcom_Archer__REDACTED_.pdf:  any sexual misconduct involving a child; ./_Official_Sensitive__SoS_decision_for_Malcom_Archer__REDACTED_.pdf- ./_Official_Sensitive__SoS_decision_for_Malcom_Archer__REDACTED_.pdf-I have given less weight in my consideration of sanction therefore, to the contribution that ./_Official_Sensitive__SoS_decision_for_Malcom_Archer__REDACTED_.pdf-Mr Archer has made to the profession. In my view, it is necessary to impose a prohibition ./_Official_Sensitive__SoS_decision_for_Malcom_Archer__REDACTED_.pdf-order in order to maintain public confidence in the profession. A published decision, in ./_Official_Sensitive__SoS_decision_for_Malcom_Archer__REDACTED_.pdf-light of the circumstances in this case, that is not backed up by remorse or insight, does ./_Official_Sensitive__SoS_decision_for_Malcom_Archer__REDACTED_.pdf-not in my view satisfy the public interest requirement concerning public confidence in the ./_Official_Sensitive__SoS_decision_for_Malcom_Archer__REDACTED_.pdf-profession. ./_Official_Sensitive__SoS_decision_for_Malcom_Archer__REDACTED_.pdf- ./_Official_Sensitive__SoS_decision_for_Malcom_Archer__REDACTED_.pdf- ./_Official_Sensitive__SoS_decision_for_Malcom_Archer__REDACTED_.pdf- 18 -- ./_Official_Sensitive__SoS_decision_for_Malcom_Archer__REDACTED_.pdf-masturbatory fantasy, the panel was satisfied there remains an ongoing risk of repetition ./_Official_Sensitive__SoS_decision_for_Malcom_Archer__REDACTED_.pdf-in this case. The panel rejected Mr Archer's explanation regarding the retraction of the ./_Official_Sensitive__SoS_decision_for_Malcom_Archer__REDACTED_.pdf-comments he made in that assessment. In particular, that he was giving answers that he ./_Official_Sensitive__SoS_decision_for_Malcom_Archer__REDACTED_.pdf-thought would assist him in returning to his teaching post. The panel considered this ./_Official_Sensitive__SoS_decision_for_Malcom_Archer__REDACTED_.pdf-further demonstrated a lack of insight on behalf of Mr Archer.” ./_Official_Sensitive__SoS_decision_for_Malcom_Archer__REDACTED_.pdf- ./_Official_Sensitive__SoS_decision_for_Malcom_Archer__REDACTED_.pdf-I have considered whether not allowing a review period reflects the seriousness of the ./_Official_Sensitive__SoS_decision_for_Malcom_Archer__REDACTED_.pdf-findings and is a proportionate period to achieve the aim of maintaining public confidence ./_Official_Sensitive__SoS_decision_for_Malcom_Archer__REDACTED_.pdf-in the profession. In this case, factors mean that allowing a review period is not sufficient ./_Official_Sensitive__SoS_decision_for_Malcom_Archer__REDACTED_.pdf-to achieve the aim of maintaining public confidence in the profession. These elements ./_Official_Sensitive__SoS_decision_for_Malcom_Archer__REDACTED_.pdf:are the seriousness of the findings involving sexual misconduct with a pupil and the lack ./_Official_Sensitive__SoS_decision_for_Malcom_Archer__REDACTED_.pdf-of either insight or remorse. ./_Official_Sensitive__SoS_decision_for_Malcom_Archer__REDACTED_.pdf- ./_Official_Sensitive__SoS_decision_for_Malcom_Archer__REDACTED_.pdf-I consider therefore that allowing for no review period is necessary to maintain public ./_Official_Sensitive__SoS_decision_for_Malcom_Archer__REDACTED_.pdf-confidence and is proportionate and in the public interest. ./_Official_Sensitive__SoS_decision_for_Malcom_Archer__REDACTED_.pdf- ./_Official_Sensitive__SoS_decision_for_Malcom_Archer__REDACTED_.pdf-This means that Mr Malcolm Archer is prohibited from teaching indefinitely and ./_Official_Sensitive__SoS_decision_for_Malcom_Archer__REDACTED_.pdf-cannot teach in any school, sixth form college, relevant youth accommodation or ./_Official_Sensitive__SoS_decision_for_Malcom_Archer__REDACTED_.pdf-children’s home in England. Furthermore, in view of the seriousness of the allegations ./_Official_Sensitive__SoS_decision_for_Malcom_Archer__REDACTED_.pdf-found proved against him, I have decided that Mr Archer shall not be entitled to apply for ./_Official_Sensitive__SoS_decision_for_Malcom_Archer__REDACTED_.pdf-restoration of his eligibility to teach. ./_OFFICIAL_SENSITIVE__SoS_decision_for_Mr_Peter_Harman_20257_R.pdf-of such behaviours, those that are relevant in this case are: ./_OFFICIAL_SENSITIVE__SoS_decision_for_Mr_Peter_Harman_20257_R.pdf- ./_OFFICIAL_SENSITIVE__SoS_decision_for_Mr_Peter_Harman_20257_R.pdf- serious departure from the personal and professional conduct elements of the ./_OFFICIAL_SENSITIVE__SoS_decision_for_Mr_Peter_Harman_20257_R.pdf- Teachers’ Standards; ./_OFFICIAL_SENSITIVE__SoS_decision_for_Mr_Peter_Harman_20257_R.pdf- ./_OFFICIAL_SENSITIVE__SoS_decision_for_Mr_Peter_Harman_20257_R.pdf- abuse of position or trust (particularly involving vulnerable pupils) or violation of the ./_OFFICIAL_SENSITIVE__SoS_decision_for_Mr_Peter_Harman_20257_R.pdf- rights of pupils; ./_OFFICIAL_SENSITIVE__SoS_decision_for_Mr_Peter_Harman_20257_R.pdf- ./_OFFICIAL_SENSITIVE__SoS_decision_for_Mr_Peter_Harman_20257_R.pdf-The panel considered that Mr Harman had abused his position in his communications ./_OFFICIAL_SENSITIVE__SoS_decision_for_Mr_Peter_Harman_20257_R.pdf-with the pupils, but that he had not abused the trust placed in him, since there is no ./_OFFICIAL_SENSITIVE__SoS_decision_for_Mr_Peter_Harman_20257_R.pdf:question of Mr Harman seeking to groom the pupils in any way. It is apparent that all of ./_OFFICIAL_SENSITIVE__SoS_decision_for_Mr_Peter_Harman_20257_R.pdf-the communications were well-intentioned, seeking to continue contact and support the ./_OFFICIAL_SENSITIVE__SoS_decision_for_Mr_Peter_Harman_20257_R.pdf-pupils through a difficult period. ./_OFFICIAL_SENSITIVE__SoS_decision_for_Mr_Peter_Harman_20257_R.pdf- ./_OFFICIAL_SENSITIVE__SoS_decision_for_Mr_Peter_Harman_20257_R.pdf-Even though some of the behaviour found proved in this case indicated that a prohibition ./_OFFICIAL_SENSITIVE__SoS_decision_for_Mr_Peter_Harman_20257_R.pdf-order would be appropriate, the panel went on to consider the mitigating factors. ./_OFFICIAL_SENSITIVE__SoS_decision_for_Mr_Peter_Harman_20257_R.pdf-Mitigating factors may indicate that a prohibition order would not be appropriate or ./_OFFICIAL_SENSITIVE__SoS_decision_for_Mr_Peter_Harman_20257_R.pdf-proportionate. ./_OFFICIAL_SENSITIVE__SoS_decision_for_Mr_Peter_Harman_20257_R.pdf- ./_OFFICIAL_SENSITIVE__SoS_decision_for_Mr_Peter_Harman_20257_R.pdf-Mr Harman’s actions were deliberate, but were not malicious. There was no ulterior ./_OFFICIAL_SENSITIVE__SoS_decision_for_Mr_Peter_Harman_20257_R.pdf-motive other than to support the pupils, with the best of intentions. ./_Official_Sensitive__SoS_decision_Singh.pdf- ./_Official_Sensitive__SoS_decision_Singh.pdf-It was alleged that Mr Singh was guilty of unacceptable professional conduct and/or ./_Official_Sensitive__SoS_decision_Singh.pdf-conduct that may bring the profession into disrepute in that whilst employed as the Head ./_Official_Sensitive__SoS_decision_Singh.pdf-of Maths at the Sandye Place Academy from September 2016 to July 2017, he: ./_Official_Sensitive__SoS_decision_Singh.pdf- ./_Official_Sensitive__SoS_decision_Singh.pdf- 1. Made offensive and/or racist comments via Facebook on one or more occasions; ./_Official_Sensitive__SoS_decision_Singh.pdf- ./_Official_Sensitive__SoS_decision_Singh.pdf- 2. Inappropriately used and/or facilitated the inappropriate use of his school laptop ./_Official_Sensitive__SoS_decision_Singh.pdf- on one or more occasions in or around 2017 in that; ./_Official_Sensitive__SoS_decision_Singh.pdf- ./_Official_Sensitive__SoS_decision_Singh.pdf: a. it was used to view sexual material; ./_Official_Sensitive__SoS_decision_Singh.pdf- ./_Official_Sensitive__SoS_decision_Singh.pdf- b. it was used, whilst teaching; ./_Official_Sensitive__SoS_decision_Singh.pdf- ./_Official_Sensitive__SoS_decision_Singh.pdf- i. to search for a Grand Theft Auto forum; ./_Official_Sensitive__SoS_decision_Singh.pdf- ./_Official_Sensitive__SoS_decision_Singh.pdf- ii. for browsing for alcohol; ./_Official_Sensitive__SoS_decision_Singh.pdf- ./_Official_Sensitive__SoS_decision_Singh.pdf- iii. for viewing properties and/or cars for sale.; ./_Official_Sensitive__SoS_decision_Singh.pdf- ./_Official_Sensitive__SoS_decision_Singh.pdf- 3. In undertaking allegations 1, he demonstrated a lack of tolerance and respect for -- ./_Official_Sensitive__SoS_decision_Singh.pdf-The panel considered whether the comments were offensive and/or racist in their nature. ./_Official_Sensitive__SoS_decision_Singh.pdf-One example of the comments made is: “Every sane human is anti semitic. Because you ./_Official_Sensitive__SoS_decision_Singh.pdf-bastards have made Zionism synonymous with the mistreatment of Palestinians. Billions ./_Official_Sensitive__SoS_decision_Singh.pdf-are anti semitic and proud of it. Israel should be wiped of [sic] the planet. Dogs! The ./_Official_Sensitive__SoS_decision_Singh.pdf-chosen race?!?!?!! What an insult to God!” The panel concluded that the comments were ./_Official_Sensitive__SoS_decision_Singh.pdf-both offensive and racist. ./_Official_Sensitive__SoS_decision_Singh.pdf-Therefore, on the balance of probabilities, the panel found this allegation proven. ./_Official_Sensitive__SoS_decision_Singh.pdf- 2. Inappropriately used and/or facilitated the inappropriate use of your school ./_Official_Sensitive__SoS_decision_Singh.pdf- laptop on one or more occasions in or around 2017 in that; ./_Official_Sensitive__SoS_decision_Singh.pdf- ./_Official_Sensitive__SoS_decision_Singh.pdf: a. it was used to view sexual material; ./_Official_Sensitive__SoS_decision_Singh.pdf- ./_Official_Sensitive__SoS_decision_Singh.pdf-Proven in part. ./_Official_Sensitive__SoS_decision_Singh.pdf-This allegation was proven in the respect that Mr Singh “inappropriately facilitated the ./_Official_Sensitive__SoS_decision_Singh.pdf:inappropriate use” of his school laptop to view sexual material, but not proven in respect ./_Official_Sensitive__SoS_decision_Singh.pdf:of the allegation that Mr Singh “inappropriately used” his school laptop to view sexual ./_Official_Sensitive__SoS_decision_Singh.pdf-material himself. ./_Official_Sensitive__SoS_decision_Singh.pdf-Mr Singh denied this allegation, in both respects. He said that he did not inappropriately ./_Official_Sensitive__SoS_decision_Singh.pdf:use his laptop to access sexual material and also that he did not facilitate the ./_Official_Sensitive__SoS_decision_Singh.pdf:inappropriate use of his laptop to access sexual material. He admitted that he facilitated ./_Official_Sensitive__SoS_decision_Singh.pdf-the use of his school laptop by providing his password to Witness A. However, he stated ./_Official_Sensitive__SoS_decision_Singh.pdf-that he did not consider that providing his password to Witness A so that he could use his ./_Official_Sensitive__SoS_decision_Singh.pdf-laptop was inappropriate in itself. He also stated that he did not consider that the use by ./_Official_Sensitive__SoS_decision_Singh.pdf-Witness A would be inappropriate as he believed that it was being used for what he ./_Official_Sensitive__SoS_decision_Singh.pdf- ./_Official_Sensitive__SoS_decision_Singh.pdf- 8 ./_Official_Sensitive__SoS_decision_Singh.pdf- -- ./_Official_Sensitive__SoS_decision_Singh.pdf-described were “genuine reasons”, i.e. for the purpose of revision. Witness A admitted to ./_Official_Sensitive__SoS_decision_Singh.pdf:accessing sexual material on Mr Singh’s school laptop during the times identified in the ./_Official_Sensitive__SoS_decision_Singh.pdf-logs provided in the bundle. Witness B gave evidence that at no point during that day or ./_Official_Sensitive__SoS_decision_Singh.pdf-night did she see Mr Singh using the school laptop but that she did see Witness A using ./_Official_Sensitive__SoS_decision_Singh.pdf:it that day. Mr Singh admitted that sexual material was viewed on his school laptop, ./_Official_Sensitive__SoS_decision_Singh.pdf:although not by him. Mr Singh admitted that the viewing of sexual material on his school ./_Official_Sensitive__SoS_decision_Singh.pdf-laptop (by anyone, whether by him or a person he permitted to access his laptop) ./_Official_Sensitive__SoS_decision_Singh.pdf-amounted to inappropriate usage. ./_Official_Sensitive__SoS_decision_Singh.pdf-The panel took into account the oral evidence of Individual A who stated that all teachers ./_Official_Sensitive__SoS_decision_Singh.pdf-in the school, as standard, received training on the use of their laptops and that this ./_Official_Sensitive__SoS_decision_Singh.pdf-training included a strict warning that passwords were not to be shared for security ./_Official_Sensitive__SoS_decision_Singh.pdf:reasons. The panel considered that, factually, the viewing of sexual material was ./_Official_Sensitive__SoS_decision_Singh.pdf-inappropriate, and that the laptop usage (whether known to Mr Singh or not) was ./_Official_Sensitive__SoS_decision_Singh.pdf-facilitated by Mr Singh. ./_Official_Sensitive__SoS_decision_Singh.pdf-The panel therefore considered, on the balance of probabilities, whether this allegation ./_Official_Sensitive__SoS_decision_Singh.pdf-was proven, taking into account the above factors and the evidence in the bundle. The ./_Official_Sensitive__SoS_decision_Singh.pdf-panel found the facts of this allegation proven only in respect of the allegation that Mr ./_Official_Sensitive__SoS_decision_Singh.pdf-Singh inappropriately facilitated the inappropriate use of his school laptop, and not that ./_Official_Sensitive__SoS_decision_Singh.pdf-the inappropriate usage was undertaken by Mr Singh himself. ./_Official_Sensitive__SoS_decision_Singh.pdf- b. it was used, whilst teaching; ./_Official_Sensitive__SoS_decision_Singh.pdf- ./_Official_Sensitive__SoS_decision_Singh.pdf- i. to search for a Grand Theft Auto forum; -- ./_Official_Sensitive__SoS_decision_Singh.pdf-In respect of allegations 1 and 3, these allegations were serious and the conduct ./_Official_Sensitive__SoS_decision_Singh.pdf-displayed would likely have a negative impact on the individual’s status as a teacher, ./_Official_Sensitive__SoS_decision_Singh.pdf-potentially damaging the public perception. The panel therefore found that Mr Singh’s ./_Official_Sensitive__SoS_decision_Singh.pdf-actions, in respect of allegations 1 and 3, constituted conduct that may bring the ./_Official_Sensitive__SoS_decision_Singh.pdf-profession into disrepute. ./_Official_Sensitive__SoS_decision_Singh.pdf- ./_Official_Sensitive__SoS_decision_Singh.pdf-In respect of allegation 2(a), and the part of the allegation that the panel found proved in ./_Official_Sensitive__SoS_decision_Singh.pdf-respect of the facilitation of the use of the laptop, the panel did not consider that the ./_Official_Sensitive__SoS_decision_Singh.pdf-facilitation was serious or likely to have a negative impact on the individual’s status as a ./_Official_Sensitive__SoS_decision_Singh.pdf-teacher, potentially damaging the public perception. The panel took into account Mr ./_Official_Sensitive__SoS_decision_Singh.pdf:Singh’s evidence that he had no idea the use would involve the viewing of sexual ./_Official_Sensitive__SoS_decision_Singh.pdf-material. Whilst sharing the password constituted misconduct, the panel did not consider ./_Official_Sensitive__SoS_decision_Singh.pdf-that it amounted to “misconduct of a serious nature, falling significantly short of the ./_Official_Sensitive__SoS_decision_Singh.pdf-standard of behaviour expected of a teacher.” The panel did not therefore find that this ./_Official_Sensitive__SoS_decision_Singh.pdf-allegation amounted to unacceptable professional conduct. ./_Official_Sensitive__SoS_decision_Singh.pdf- ./_Official_Sensitive__SoS_decision_Singh.pdf-The panel found that Mr Singh’s actions in allegation 2(a) did not constitute conduct that ./_Official_Sensitive__SoS_decision_Singh.pdf-may bring the profession into disrepute. When considering whether this conduct was ./_Official_Sensitive__SoS_decision_Singh.pdf-likely to have brought the teaching profession into disrepute, the panel found that whilst it ./_Official_Sensitive__SoS_decision_Singh.pdf-may have been a breach of the school policy on the use of its IT equipment, it was ./_Official_Sensitive__SoS_decision_Singh.pdf-unlikely to have a negative impact on the individual’s status as a teacher, potentially ./_OFFICIAL_SENSITIVE__SoS_decision_Startup_Lee.pdf-Allegations ./_OFFICIAL_SENSITIVE__SoS_decision_Startup_Lee.pdf-The panel considered the allegation set out in the notice of hearing dated 20 February ./_OFFICIAL_SENSITIVE__SoS_decision_Startup_Lee.pdf-2023. ./_OFFICIAL_SENSITIVE__SoS_decision_Startup_Lee.pdf- ./_OFFICIAL_SENSITIVE__SoS_decision_Startup_Lee.pdf-It was alleged that Mr Startup was guilty of having been convicted of a relevant offence, ./_OFFICIAL_SENSITIVE__SoS_decision_Startup_Lee.pdf-in that: ./_OFFICIAL_SENSITIVE__SoS_decision_Startup_Lee.pdf- ./_OFFICIAL_SENSITIVE__SoS_decision_Startup_Lee.pdf: 1. On 9 September 2021, he was convicted of engaging in sexual communication ./_OFFICIAL_SENSITIVE__SoS_decision_Startup_Lee.pdf- with a child, contrary to Section 15A of the Sexual Offences Act 2003. ./_OFFICIAL_SENSITIVE__SoS_decision_Startup_Lee.pdf- ./_OFFICIAL_SENSITIVE__SoS_decision_Startup_Lee.pdf-Mr Startup has not formally responded to the allegation, so the case was dealt with as a ./_OFFICIAL_SENSITIVE__SoS_decision_Startup_Lee.pdf-disputed case. ./_OFFICIAL_SENSITIVE__SoS_decision_Startup_Lee.pdf- ./_OFFICIAL_SENSITIVE__SoS_decision_Startup_Lee.pdf- ./_OFFICIAL_SENSITIVE__SoS_decision_Startup_Lee.pdf-Preliminary applications ./_OFFICIAL_SENSITIVE__SoS_decision_Startup_Lee.pdf-The panel considered an application from the presenting officer to proceed in the ./_OFFICIAL_SENSITIVE__SoS_decision_Startup_Lee.pdf-absence of Mr Startup. ./_OFFICIAL_SENSITIVE__SoS_decision_Startup_Lee.pdf- -- ./_OFFICIAL_SENSITIVE__SoS_decision_Startup_Lee.pdf-Witnesses ./_OFFICIAL_SENSITIVE__SoS_decision_Startup_Lee.pdf- ./_OFFICIAL_SENSITIVE__SoS_decision_Startup_Lee.pdf-The panel did not hear any oral evidence. ./_OFFICIAL_SENSITIVE__SoS_decision_Startup_Lee.pdf- ./_OFFICIAL_SENSITIVE__SoS_decision_Startup_Lee.pdf- ./_OFFICIAL_SENSITIVE__SoS_decision_Startup_Lee.pdf-Decision and reasons ./_OFFICIAL_SENSITIVE__SoS_decision_Startup_Lee.pdf-The panel carefully considered the case before it and reached a decision. ./_OFFICIAL_SENSITIVE__SoS_decision_Startup_Lee.pdf- ./_OFFICIAL_SENSITIVE__SoS_decision_Startup_Lee.pdf-Mr Startup had been employed as curriculum leader for geography at Ursuline College ./_OFFICIAL_SENSITIVE__SoS_decision_Startup_Lee.pdf-("the School") since 11 April 2016. On 28 August 2020, Mr Startup was arrested by Kent ./_OFFICIAL_SENSITIVE__SoS_decision_Startup_Lee.pdf:Police. On 9 September 2021, Mr Startup was convicted of engaging in sexual ./_OFFICIAL_SENSITIVE__SoS_decision_Startup_Lee.pdf-communication with a child. On 20 January 2022, Mr Startup was sentenced to 12 ./_OFFICIAL_SENSITIVE__SoS_decision_Startup_Lee.pdf:months imprisonment (suspended for 24 months), made subject to a sexual harm ./_OFFICIAL_SENSITIVE__SoS_decision_Startup_Lee.pdf:prevention order for 10 years and required to sign the sex offenders register for 10 years. ./_OFFICIAL_SENSITIVE__SoS_decision_Startup_Lee.pdf- ./_OFFICIAL_SENSITIVE__SoS_decision_Startup_Lee.pdf-Findings of fact ./_OFFICIAL_SENSITIVE__SoS_decision_Startup_Lee.pdf- ./_OFFICIAL_SENSITIVE__SoS_decision_Startup_Lee.pdf-The findings of fact are as follows: ./_OFFICIAL_SENSITIVE__SoS_decision_Startup_Lee.pdf- ./_OFFICIAL_SENSITIVE__SoS_decision_Startup_Lee.pdf-The panel found the following particulars of the allegation against you proved, for these ./_OFFICIAL_SENSITIVE__SoS_decision_Startup_Lee.pdf-reasons: ./_OFFICIAL_SENSITIVE__SoS_decision_Startup_Lee.pdf- ./_OFFICIAL_SENSITIVE__SoS_decision_Startup_Lee.pdf- You have been convicted of a relevant offence at any time in that: ./_OFFICIAL_SENSITIVE__SoS_decision_Startup_Lee.pdf- ./_OFFICIAL_SENSITIVE__SoS_decision_Startup_Lee.pdf: 1. On 9 September 2021, you were convicted of engaging in sexual ./_OFFICIAL_SENSITIVE__SoS_decision_Startup_Lee.pdf- communication with a child, contrary to Section 15A of the Sexual Offences ./_OFFICIAL_SENSITIVE__SoS_decision_Startup_Lee.pdf- Act 2003 ./_OFFICIAL_SENSITIVE__SoS_decision_Startup_Lee.pdf- ./_OFFICIAL_SENSITIVE__SoS_decision_Startup_Lee.pdf-The panel was provided with a certificate of conviction as proof of the commission of the ./_OFFICIAL_SENSITIVE__SoS_decision_Startup_Lee.pdf-offences concerned. The allegation was supported by evidence presented to the panel. ./_OFFICIAL_SENSITIVE__SoS_decision_Startup_Lee.pdf- ./_OFFICIAL_SENSITIVE__SoS_decision_Startup_Lee.pdf-The allegation was therefore, found proved. ./_OFFICIAL_SENSITIVE__SoS_decision_Startup_Lee.pdf- ./_OFFICIAL_SENSITIVE__SoS_decision_Startup_Lee.pdf-Findings as to conviction of a relevant offence ./_OFFICIAL_SENSITIVE__SoS_decision_Startup_Lee.pdf- -- ./_OFFICIAL_SENSITIVE__SoS_decision_Startup_Lee.pdf- ./_OFFICIAL_SENSITIVE__SoS_decision_Startup_Lee.pdf-The panel also took account of the way the teaching profession is viewed by others. The ./_OFFICIAL_SENSITIVE__SoS_decision_Startup_Lee.pdf-panel considered that Mr Startup's behaviour in committing the offence could affect public ./_OFFICIAL_SENSITIVE__SoS_decision_Startup_Lee.pdf-confidence in the teaching profession, given the influence that teachers may have on ./_OFFICIAL_SENSITIVE__SoS_decision_Startup_Lee.pdf-pupils, parents and others in the community. ./_OFFICIAL_SENSITIVE__SoS_decision_Startup_Lee.pdf- ./_OFFICIAL_SENSITIVE__SoS_decision_Startup_Lee.pdf-The panel noted that Mr Startup's behaviour ultimately led to a sentence of imprisonment, ./_OFFICIAL_SENSITIVE__SoS_decision_Startup_Lee.pdf-(albeit that it was suspended), which was indicative of the seriousness of the offence ./_OFFICIAL_SENSITIVE__SoS_decision_Startup_Lee.pdf-committed. ./_OFFICIAL_SENSITIVE__SoS_decision_Startup_Lee.pdf- ./_OFFICIAL_SENSITIVE__SoS_decision_Startup_Lee.pdf:This was a case concerning an offence involving sexual communication with a child ./_OFFICIAL_SENSITIVE__SoS_decision_Startup_Lee.pdf-which the Advice states is likely to be considered a relevant offence. ./_OFFICIAL_SENSITIVE__SoS_decision_Startup_Lee.pdf- ./_OFFICIAL_SENSITIVE__SoS_decision_Startup_Lee.pdf-The panel considered whether there was any evidence of mitigating circumstances. The ./_OFFICIAL_SENSITIVE__SoS_decision_Startup_Lee.pdf-panel noted that there was evidence from Mr Startup that the effect of alcohol misuse ./_OFFICIAL_SENSITIVE__SoS_decision_Startup_Lee.pdf-may have impacted his behaviour, but there was limited information about this. ./_OFFICIAL_SENSITIVE__SoS_decision_Startup_Lee.pdf- ./_OFFICIAL_SENSITIVE__SoS_decision_Startup_Lee.pdf-The panel found that the seriousness of the offending behaviour that led to the conviction ./_OFFICIAL_SENSITIVE__SoS_decision_Startup_Lee.pdf-was relevant to Mr Startup's ongoing suitability to teach. The panel considered that a ./_OFFICIAL_SENSITIVE__SoS_decision_Startup_Lee.pdf-finding that this conviction was for a relevant offence was necessary to reaffirm clear ./_OFFICIAL_SENSITIVE__SoS_decision_Startup_Lee.pdf-standards of conduct so as to maintain public confidence in the teaching profession. -- ./_OFFICIAL_SENSITIVE__SoS_decision_Startup_Lee.pdf-apportioned, although they are likely to have a punitive effect. ./_OFFICIAL_SENSITIVE__SoS_decision_Startup_Lee.pdf- ./_OFFICIAL_SENSITIVE__SoS_decision_Startup_Lee.pdf-The panel had regard to the particular public interest considerations set out in the Advice ./_OFFICIAL_SENSITIVE__SoS_decision_Startup_Lee.pdf-and, having done so, found a number of them to be relevant in this case, namely: the ./_OFFICIAL_SENSITIVE__SoS_decision_Startup_Lee.pdf-safeguarding and wellbeing of pupils and protection of other members of the public; the ./_OFFICIAL_SENSITIVE__SoS_decision_Startup_Lee.pdf-maintenance of public confidence in the profession; declaring and upholding proper ./_OFFICIAL_SENSITIVE__SoS_decision_Startup_Lee.pdf-standards of conduct; that prohibition strikes the right balance between the rights of the ./_OFFICIAL_SENSITIVE__SoS_decision_Startup_Lee.pdf-teacher and the public interest, if they are in conflict. ./_OFFICIAL_SENSITIVE__SoS_decision_Startup_Lee.pdf- ./_OFFICIAL_SENSITIVE__SoS_decision_Startup_Lee.pdf-There was a strong public interest consideration in respect of the protection of pupils, ./_OFFICIAL_SENSITIVE__SoS_decision_Startup_Lee.pdf:given the conviction for engaging in sexual communication with a child. ./_OFFICIAL_SENSITIVE__SoS_decision_Startup_Lee.pdf- ./_OFFICIAL_SENSITIVE__SoS_decision_Startup_Lee.pdf-Similarly, the panel considered that public confidence in the profession could be seriously ./_OFFICIAL_SENSITIVE__SoS_decision_Startup_Lee.pdf-weakened if conduct such as that found against Mr Startup were not treated with the ./_OFFICIAL_SENSITIVE__SoS_decision_Startup_Lee.pdf-utmost seriousness when regulating the conduct of the profession. ./_OFFICIAL_SENSITIVE__SoS_decision_Startup_Lee.pdf- ./_OFFICIAL_SENSITIVE__SoS_decision_Startup_Lee.pdf-The panel was of the view that a strong public interest consideration in declaring proper ./_OFFICIAL_SENSITIVE__SoS_decision_Startup_Lee.pdf-standards of conduct in the profession was also present as the conduct found against Mr ./_OFFICIAL_SENSITIVE__SoS_decision_Startup_Lee.pdf-Startup was outside that which could reasonably be tolerated. ./_OFFICIAL_SENSITIVE__SoS_decision_Startup_Lee.pdf- ./_OFFICIAL_SENSITIVE__SoS_decision_Startup_Lee.pdf-In view of the clear public interest considerations that were present, the panel considered -- ./_OFFICIAL_SENSITIVE__SoS_decision_Startup_Lee.pdf- ▪ serious departure from the personal and professional conduct elements of the ./_OFFICIAL_SENSITIVE__SoS_decision_Startup_Lee.pdf- Teachers’ Standards; ./_OFFICIAL_SENSITIVE__SoS_decision_Startup_Lee.pdf- ./_OFFICIAL_SENSITIVE__SoS_decision_Startup_Lee.pdf- ▪ the commission of a serious criminal offence, including those that resulted in a ./_OFFICIAL_SENSITIVE__SoS_decision_Startup_Lee.pdf- conviction or caution, paying particular attention to offences that are 'relevant ./_OFFICIAL_SENSITIVE__SoS_decision_Startup_Lee.pdf- matters' for the purposes of the Police Act 1997 and criminal record disclosures; ./_OFFICIAL_SENSITIVE__SoS_decision_Startup_Lee.pdf- ./_OFFICIAL_SENSITIVE__SoS_decision_Startup_Lee.pdf- ▪ misconduct seriously affecting the education and/or well-being of pupils, and ./_OFFICIAL_SENSITIVE__SoS_decision_Startup_Lee.pdf- particularly where there is a continuing risk; ./_OFFICIAL_SENSITIVE__SoS_decision_Startup_Lee.pdf- ./_OFFICIAL_SENSITIVE__SoS_decision_Startup_Lee.pdf: ▪ sexual misconduct, e.g. involving actions that were sexually motivated or of a ./_OFFICIAL_SENSITIVE__SoS_decision_Startup_Lee.pdf: sexual nature and/or that use or exploit the trust, knowledge or influence derived ./_OFFICIAL_SENSITIVE__SoS_decision_Startup_Lee.pdf- from the individual's professional position; ./_OFFICIAL_SENSITIVE__SoS_decision_Startup_Lee.pdf- ./_OFFICIAL_SENSITIVE__SoS_decision_Startup_Lee.pdf- ▪ failure in their duty of care towards a child, including exposing a child to risk or ./_OFFICIAL_SENSITIVE__SoS_decision_Startup_Lee.pdf- failing to promote the safety and welfare of the children (as set out in Part 1 of ./_OFFICIAL_SENSITIVE__SoS_decision_Startup_Lee.pdf- KCSIE); ./_OFFICIAL_SENSITIVE__SoS_decision_Startup_Lee.pdf- ./_OFFICIAL_SENSITIVE__SoS_decision_Startup_Lee.pdf- ▪ a deep-seated attitude that leads to harmful behaviour. ./_OFFICIAL_SENSITIVE__SoS_decision_Startup_Lee.pdf- ./_OFFICIAL_SENSITIVE__SoS_decision_Startup_Lee.pdf-Even though the behaviour found proved in this case indicated that a prohibition order ./_OFFICIAL_SENSITIVE__SoS_decision_Startup_Lee.pdf-would likely be appropriate, the panel went on to consider the mitigating factors. -- ./_OFFICIAL_SENSITIVE__SoS_decision_Startup_Lee.pdf-made by the panel would be sufficient. ./_OFFICIAL_SENSITIVE__SoS_decision_Startup_Lee.pdf- ./_OFFICIAL_SENSITIVE__SoS_decision_Startup_Lee.pdf-The panel was of the view that, applying the standard of the ordinary intelligent citizen, it ./_OFFICIAL_SENSITIVE__SoS_decision_Startup_Lee.pdf-would not be a proportionate and appropriate response to recommend no prohibition ./_OFFICIAL_SENSITIVE__SoS_decision_Startup_Lee.pdf-order. Recommending that the publication of adverse findings would be sufficient would ./_OFFICIAL_SENSITIVE__SoS_decision_Startup_Lee.pdf-unacceptably compromise the public interest considerations present in this case, despite ./_OFFICIAL_SENSITIVE__SoS_decision_Startup_Lee.pdf-the severity of the consequences for Mr Startup of prohibition. ./_OFFICIAL_SENSITIVE__SoS_decision_Startup_Lee.pdf- ./_OFFICIAL_SENSITIVE__SoS_decision_Startup_Lee.pdf-The panel was of the view that prohibition was both proportionate and appropriate. The ./_OFFICIAL_SENSITIVE__SoS_decision_Startup_Lee.pdf-panel decided that the public interest considerations outweighed the interests of Mr ./_OFFICIAL_SENSITIVE__SoS_decision_Startup_Lee.pdf:Startup. The seriousness of the criminal offence which involved sexual communication ./_OFFICIAL_SENSITIVE__SoS_decision_Startup_Lee.pdf- ./_OFFICIAL_SENSITIVE__SoS_decision_Startup_Lee.pdf- 8 ./_OFFICIAL_SENSITIVE__SoS_decision_Startup_Lee.pdf- -- ./_OFFICIAL_SENSITIVE__SoS_decision_Startup_Lee.pdf-with a real child was a significant factor in forming that opinion. The panel noted that in ./_OFFICIAL_SENSITIVE__SoS_decision_Startup_Lee.pdf-the sentencing remarks, the Judge stated that "Posing as someone under half of your ./_OFFICIAL_SENSITIVE__SoS_decision_Startup_Lee.pdf:chronological age, you actively engaged in sexualised communication with a real ./_OFFICIAL_SENSITIVE__SoS_decision_Startup_Lee.pdf-child…". Accordingly, the panel made a recommendation to the Secretary of State that a ./_OFFICIAL_SENSITIVE__SoS_decision_Startup_Lee.pdf-prohibition order should be imposed with immediate effect. ./_OFFICIAL_SENSITIVE__SoS_decision_Startup_Lee.pdf- ./_OFFICIAL_SENSITIVE__SoS_decision_Startup_Lee.pdf-The panel went on to consider whether or not it would be appropriate for it to decide to ./_OFFICIAL_SENSITIVE__SoS_decision_Startup_Lee.pdf-recommend a review period of the order. The panel was mindful that the Advice states ./_OFFICIAL_SENSITIVE__SoS_decision_Startup_Lee.pdf-that a prohibition order applies for life, but there may be circumstances, in any given ./_OFFICIAL_SENSITIVE__SoS_decision_Startup_Lee.pdf-case, that may make it appropriate to allow a teacher to apply to have the prohibition ./_OFFICIAL_SENSITIVE__SoS_decision_Startup_Lee.pdf-order reviewed after a specified period of time that may not be less than 2 years. ./_OFFICIAL_SENSITIVE__SoS_decision_Startup_Lee.pdf- ./_OFFICIAL_SENSITIVE__SoS_decision_Startup_Lee.pdf-The Advice indicates that there are behaviours that, if proved, would militate against the ./_OFFICIAL_SENSITIVE__SoS_decision_Startup_Lee.pdf:recommendation of a review period. One of these behaviours includes any sexual ./_OFFICIAL_SENSITIVE__SoS_decision_Startup_Lee.pdf:misconduct involving a child. The panel found that Mr Startup was responsible for sexual ./_OFFICIAL_SENSITIVE__SoS_decision_Startup_Lee.pdf-communication with a real child. ./_OFFICIAL_SENSITIVE__SoS_decision_Startup_Lee.pdf- ./_OFFICIAL_SENSITIVE__SoS_decision_Startup_Lee.pdf-The panel was not provided with evidence that Mr Startup had clearly demonstrated ./_OFFICIAL_SENSITIVE__SoS_decision_Startup_Lee.pdf-insight or remorse into his behaviour. The panel had sight of the Judge's sentencing ./_OFFICIAL_SENSITIVE__SoS_decision_Startup_Lee.pdf-remarks, which stated "The messages were explicit, I'm afraid, and provide a clear ./_OFFICIAL_SENSITIVE__SoS_decision_Startup_Lee.pdf:indication of you having sexual interest in children of her age. And I'm afraid your ./_OFFICIAL_SENSITIVE__SoS_decision_Startup_Lee.pdf-protestations to the contrary somewhat dilute your expressions of remorse". ./_OFFICIAL_SENSITIVE__SoS_decision_Startup_Lee.pdf- ./_OFFICIAL_SENSITIVE__SoS_decision_Startup_Lee.pdf-There is no evidence before the panel to demonstrate that Mr Startup has proactively ./_OFFICIAL_SENSITIVE__SoS_decision_Startup_Lee.pdf-taken meaningful steps to minimise the risk of repetition of his behaviour. The panel did ./_OFFICIAL_SENSITIVE__SoS_decision_Startup_Lee.pdf-note that in the sentencing remarks, the Judge stated "It also seems to me that because ./_OFFICIAL_SENSITIVE__SoS_decision_Startup_Lee.pdf-you have already started with efforts to try to understand what led to your offending of ./_OFFICIAL_SENSITIVE__SoS_decision_Startup_Lee.pdf-this nature, I have just about been convinced that I can avoid sending you to prison ./_OFFICIAL_SENSITIVE__SoS_decision_Startup_Lee.pdf-today". ./_OFFICIAL_SENSITIVE__SoS_decision_Startup_Lee.pdf- ./_OFFICIAL_SENSITIVE__SoS_decision_Startup_Lee.pdf-The panel decided that the findings indicated a situation in which a review period would -- ./_OFFICIAL_SENSITIVE__SoS_decision_Startup_Lee.pdf- with statutory provisions ./_OFFICIAL_SENSITIVE__SoS_decision_Startup_Lee.pdf- ./_OFFICIAL_SENSITIVE__SoS_decision_Startup_Lee.pdf- ▪ Teachers must have proper and professional regard for the ethos, policies and ./_OFFICIAL_SENSITIVE__SoS_decision_Startup_Lee.pdf- practices of the school in which they teach, and maintain high standards in their ./_OFFICIAL_SENSITIVE__SoS_decision_Startup_Lee.pdf- own attendance and punctuality. ./_OFFICIAL_SENSITIVE__SoS_decision_Startup_Lee.pdf- ./_OFFICIAL_SENSITIVE__SoS_decision_Startup_Lee.pdf- ▪ Teachers must have an understanding of, and always act within, the statutory ./_OFFICIAL_SENSITIVE__SoS_decision_Startup_Lee.pdf- frameworks which set out their professional duties and responsibilities. ./_OFFICIAL_SENSITIVE__SoS_decision_Startup_Lee.pdf- ./_OFFICIAL_SENSITIVE__SoS_decision_Startup_Lee.pdf-The finding of misconduct is particularly serious as it concerns a conviction for a relevant ./_OFFICIAL_SENSITIVE__SoS_decision_Startup_Lee.pdf:offence involving sexual communication with a child. ./_OFFICIAL_SENSITIVE__SoS_decision_Startup_Lee.pdf- ./_OFFICIAL_SENSITIVE__SoS_decision_Startup_Lee.pdf-I have to determine whether the imposition of a prohibition order is proportionate and in ./_OFFICIAL_SENSITIVE__SoS_decision_Startup_Lee.pdf-the public interest. In considering that for this case, I have considered the overall aim of a ./_OFFICIAL_SENSITIVE__SoS_decision_Startup_Lee.pdf-prohibition order which is to protect pupils and to maintain public confidence in the ./_OFFICIAL_SENSITIVE__SoS_decision_Startup_Lee.pdf-profession. I have considered the extent to which a prohibition order in this case would ./_OFFICIAL_SENSITIVE__SoS_decision_Startup_Lee.pdf-achieve that aim taking into account the impact that it will have on the individual teacher. ./_OFFICIAL_SENSITIVE__SoS_decision_Startup_Lee.pdf-I have also asked myself, whether a less intrusive measure, such as the published ./_OFFICIAL_SENSITIVE__SoS_decision_Startup_Lee.pdf-finding of a relevant conviction, would itself be sufficient to achieve the overall aim. I have ./_OFFICIAL_SENSITIVE__SoS_decision_Startup_Lee.pdf-to consider whether the consequences of such a publication are themselves sufficient. I ./_OFFICIAL_SENSITIVE__SoS_decision_Startup_Lee.pdf-have considered therefore whether or not prohibiting Mr Startup, and the impact that will -- ./_OFFICIAL_SENSITIVE__SoS_decision_Startup_Lee.pdf-clearly demonstrated insight or remorse into his behaviour. The panel had sight of the ./_OFFICIAL_SENSITIVE__SoS_decision_Startup_Lee.pdf-Judge's sentencing remarks, which stated "The messages were explicit, I'm afraid, and ./_OFFICIAL_SENSITIVE__SoS_decision_Startup_Lee.pdf:provide a clear indication of you having sexual interest in children of her age. And I'm ./_OFFICIAL_SENSITIVE__SoS_decision_Startup_Lee.pdf-afraid your protestations to the contrary somewhat dilute your expressions of remorse".“ ./_OFFICIAL_SENSITIVE__SoS_decision_Startup_Lee.pdf- ./_OFFICIAL_SENSITIVE__SoS_decision_Startup_Lee.pdf-The panel also states that “There is no evidence before the panel to demonstrate that Mr ./_OFFICIAL_SENSITIVE__SoS_decision_Startup_Lee.pdf-Startup has proactively taken meaningful steps to minimise the risk of repetition of his ./_OFFICIAL_SENSITIVE__SoS_decision_Startup_Lee.pdf-behaviour. The panel did note that in the sentencing remarks, the Judge stated "It also ./_OFFICIAL_SENSITIVE__SoS_decision_Startup_Lee.pdf-seems to me that because you have already started with efforts to try to understand what ./_OFFICIAL_SENSITIVE__SoS_decision_Startup_Lee.pdf-led to your offending of this nature, I have just about been convinced that I can avoid ./_OFFICIAL_SENSITIVE__SoS_decision_Startup_Lee.pdf-sending you to prison today". ” ./_OFFICIAL_SENSITIVE__SoS_decision_Startup_Lee.pdf- ./_OFFICIAL_SENSITIVE__SoS_decision_Startup_Lee.pdf-In my judgement, the lack of insight means that there is some risk of the repetition of this ./_OFFICIAL_SENSITIVE__SoS_decision_Startup_Lee.pdf-behaviour and this puts at risk the future wellbeing of pupils. I have therefore given this ./_OFFICIAL_SENSITIVE__SoS_decision_Startup_Lee.pdf-element considerable weight in reaching my decision. ./_OFFICIAL_SENSITIVE__SoS_decision_Startup_Lee.pdf- ./_OFFICIAL_SENSITIVE__SoS_decision_Startup_Lee.pdf-I have gone on to consider the extent to which a prohibition order would maintain public ./_OFFICIAL_SENSITIVE__SoS_decision_Startup_Lee.pdf-confidence in the profession. The panel observe that “public confidence in the profession ./_OFFICIAL_SENSITIVE__SoS_decision_Startup_Lee.pdf-could be seriously weakened if conduct such as that found against Mr Startup were not ./_OFFICIAL_SENSITIVE__SoS_decision_Startup_Lee.pdf-treated with the utmost seriousness when regulating the conduct of the profession.” I am ./_OFFICIAL_SENSITIVE__SoS_decision_Startup_Lee.pdf:particularly mindful of the finding of conviction of an offence involving sexual ./_OFFICIAL_SENSITIVE__SoS_decision_Startup_Lee.pdf-communication with a child in this case and the impact that such a finding has on the ./_OFFICIAL_SENSITIVE__SoS_decision_Startup_Lee.pdf-reputation of the profession. ./_OFFICIAL_SENSITIVE__SoS_decision_Startup_Lee.pdf- ./_OFFICIAL_SENSITIVE__SoS_decision_Startup_Lee.pdf-I have had to consider that the public has a high expectation of professional standards of ./_OFFICIAL_SENSITIVE__SoS_decision_Startup_Lee.pdf-all teachers and that the public might regard a failure to impose a prohibition order as a ./_OFFICIAL_SENSITIVE__SoS_decision_Startup_Lee.pdf-failure to uphold those high standards. In weighing these considerations, I have had to ./_OFFICIAL_SENSITIVE__SoS_decision_Startup_Lee.pdf-consider the matter from the point of view of an “ordinary intelligent and well-informed ./_OFFICIAL_SENSITIVE__SoS_decision_Startup_Lee.pdf-citizen”. ./_OFFICIAL_SENSITIVE__SoS_decision_Startup_Lee.pdf- ./_OFFICIAL_SENSITIVE__SoS_decision_Startup_Lee.pdf-I have considered whether the publication of a finding of a relevant conviction, in the -- ./_OFFICIAL_SENSITIVE__SoS_decision_Startup_Lee.pdf-A prohibition order would prevent Mr Startup from teaching. A prohibition order would ./_OFFICIAL_SENSITIVE__SoS_decision_Startup_Lee.pdf-also clearly deprive the public of his contribution to the profession for the period that it is ./_OFFICIAL_SENSITIVE__SoS_decision_Startup_Lee.pdf-in force. ./_OFFICIAL_SENSITIVE__SoS_decision_Startup_Lee.pdf- ./_OFFICIAL_SENSITIVE__SoS_decision_Startup_Lee.pdf-In this case, I have placed considerable weight on the panel’s comments concerning the ./_OFFICIAL_SENSITIVE__SoS_decision_Startup_Lee.pdf-lack of insight or remorse. I refer again to the panel’s comment that words that “The ./_OFFICIAL_SENSITIVE__SoS_decision_Startup_Lee.pdf-panel was not provided with evidence that Mr Startup had clearly demonstrated insight or ./_OFFICIAL_SENSITIVE__SoS_decision_Startup_Lee.pdf-remorse into his behaviour. The panel had sight of the Judge's sentencing remarks, ./_OFFICIAL_SENSITIVE__SoS_decision_Startup_Lee.pdf-which stated "The messages were explicit, I'm afraid, and provide a clear indication of ./_OFFICIAL_SENSITIVE__SoS_decision_Startup_Lee.pdf:you having sexual interest in children of her age. And I'm afraid your protestations to the ./_OFFICIAL_SENSITIVE__SoS_decision_Startup_Lee.pdf-contrary somewhat dilute your expressions of remorse".” ./_OFFICIAL_SENSITIVE__SoS_decision_Startup_Lee.pdf- ./_OFFICIAL_SENSITIVE__SoS_decision_Startup_Lee.pdf-I have also placed considerable weight on the finding of the panel that public interest ./_OFFICIAL_SENSITIVE__SoS_decision_Startup_Lee.pdf-considerations outweighed the interests of Mr Startup, and that the seriousness of the ./_OFFICIAL_SENSITIVE__SoS_decision_Startup_Lee.pdf:criminal offence which involved sexual communication with a real child was a significant ./_OFFICIAL_SENSITIVE__SoS_decision_Startup_Lee.pdf-factor in forming its view that prohibition was both proportionate and appropriate. ./_OFFICIAL_SENSITIVE__SoS_decision_Startup_Lee.pdf- ./_OFFICIAL_SENSITIVE__SoS_decision_Startup_Lee.pdf-I have given less weight in my consideration of sanction therefore, to the contribution that ./_OFFICIAL_SENSITIVE__SoS_decision_Startup_Lee.pdf-Mr Startup has made to the profession. In my view, it is necessary to impose a prohibition ./_OFFICIAL_SENSITIVE__SoS_decision_Startup_Lee.pdf-order in order to maintain public confidence in the profession. A published decision, in ./_OFFICIAL_SENSITIVE__SoS_decision_Startup_Lee.pdf-light of the circumstances in this case, that is not backed up by remorse or insight, does ./_OFFICIAL_SENSITIVE__SoS_decision_Startup_Lee.pdf-not in my view satisfy the public interest requirement concerning public confidence in the ./_OFFICIAL_SENSITIVE__SoS_decision_Startup_Lee.pdf-profession. ./_OFFICIAL_SENSITIVE__SoS_decision_Startup_Lee.pdf- ./_OFFICIAL_SENSITIVE__SoS_decision_Startup_Lee.pdf-For these reasons, I have concluded that a prohibition order is proportionate and in the ./_OFFICIAL_SENSITIVE__SoS_decision_Startup_Lee.pdf-public interest in order to achieve the intended aims of a prohibition order. ./_OFFICIAL_SENSITIVE__SoS_decision_Startup_Lee.pdf- ./_OFFICIAL_SENSITIVE__SoS_decision_Startup_Lee.pdf-I have gone on to consider the matter of a review period. In this case, the panel has ./_OFFICIAL_SENSITIVE__SoS_decision_Startup_Lee.pdf-recommended that no provision should be made for a review period. ./_OFFICIAL_SENSITIVE__SoS_decision_Startup_Lee.pdf- ./_OFFICIAL_SENSITIVE__SoS_decision_Startup_Lee.pdf-I have considered the panel’s comments that “The Advice indicates that there are ./_OFFICIAL_SENSITIVE__SoS_decision_Startup_Lee.pdf-behaviours that, if proved, would militate against the recommendation of a review period. ./_OFFICIAL_SENSITIVE__SoS_decision_Startup_Lee.pdf:One of these behaviours includes any sexual misconduct involving a child. The panel ./_OFFICIAL_SENSITIVE__SoS_decision_Startup_Lee.pdf:found that Mr Startup was responsible for sexual communication with a real child.” ./_OFFICIAL_SENSITIVE__SoS_decision_Startup_Lee.pdf- ./_OFFICIAL_SENSITIVE__SoS_decision_Startup_Lee.pdf-I have considered whether not allowing a review period reflects the seriousness of the ./_OFFICIAL_SENSITIVE__SoS_decision_Startup_Lee.pdf-findings and is a proportionate period to achieve the aim of maintaining public confidence ./_OFFICIAL_SENSITIVE__SoS_decision_Startup_Lee.pdf-in the profession. In this case, factors mean that allowing a review period is not sufficient ./_OFFICIAL_SENSITIVE__SoS_decision_Startup_Lee.pdf-to achieve the aim of maintaining public confidence in the profession. This element is the ./_OFFICIAL_SENSITIVE__SoS_decision_Startup_Lee.pdf:seriousness of the finding of conviction for a criminal offence which involved sexual ./_OFFICIAL_SENSITIVE__SoS_decision_Startup_Lee.pdf-communication with a real child and the lack of either insight and remorse. ./_OFFICIAL_SENSITIVE__SoS_decision_Startup_Lee.pdf- ./_OFFICIAL_SENSITIVE__SoS_decision_Startup_Lee.pdf-I consider therefore that allowing for no review period is necessary to maintain public ./_OFFICIAL_SENSITIVE__SoS_decision_Startup_Lee.pdf-confidence and is proportionate and in the public interest. ./_OFFICIAL_SENSITIVE__SoS_decision_Startup_Lee.pdf- ./_OFFICIAL_SENSITIVE__SoS_decision_Startup_Lee.pdf- ./_OFFICIAL_SENSITIVE__SoS_decision_Startup_Lee.pdf- 12 ./_OFFICIAL_SENSITIVE__SoS_decision_Startup_Lee.pdf- ./_OFFICIAL_SENSITIVE__Stockdale_Ian_SoS_decision_redacted.pdf-in that: ./_OFFICIAL_SENSITIVE__Stockdale_Ian_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Stockdale_Ian_SoS_decision_redacted.pdf- 1. On 13 January 2022, he was convicted of the following offences; ./_OFFICIAL_SENSITIVE__Stockdale_Ian_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Stockdale_Ian_SoS_decision_redacted.pdf- a) Arrange/facilitate the commission of a child sex offence ./_OFFICIAL_SENSITIVE__Stockdale_Ian_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Stockdale_Ian_SoS_decision_redacted.pdf- b) Making indecent photographs of a child – category B ./_OFFICIAL_SENSITIVE__Stockdale_Ian_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Stockdale_Ian_SoS_decision_redacted.pdf- c) Making indecent photographs of a child – category C ./_OFFICIAL_SENSITIVE__Stockdale_Ian_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Stockdale_Ian_SoS_decision_redacted.pdf: d) Possess extreme pornographic image/images portraying an act of ./_OFFICIAL_SENSITIVE__Stockdale_Ian_SoS_decision_redacted.pdf: intercourse/oral sex with a dead/live animal. ./_OFFICIAL_SENSITIVE__Stockdale_Ian_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Stockdale_Ian_SoS_decision_redacted.pdf-Mr Stockdale admitted that he had been convicted of a relevant offence. ./_OFFICIAL_SENSITIVE__Stockdale_Ian_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Stockdale_Ian_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Stockdale_Ian_SoS_decision_redacted.pdf-Preliminary applications ./_OFFICIAL_SENSITIVE__Stockdale_Ian_SoS_decision_redacted.pdf-There were no preliminary applications. ./_OFFICIAL_SENSITIVE__Stockdale_Ian_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Stockdale_Ian_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Stockdale_Ian_SoS_decision_redacted.pdf-Summary of evidence ./_OFFICIAL_SENSITIVE__Stockdale_Ian_SoS_decision_redacted.pdf-Documents -- ./_OFFICIAL_SENSITIVE__Stockdale_Ian_SoS_decision_redacted.pdf-in that: ./_OFFICIAL_SENSITIVE__Stockdale_Ian_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Stockdale_Ian_SoS_decision_redacted.pdf- 1. On 13 January 2022, you were convicted of the following offences; ./_OFFICIAL_SENSITIVE__Stockdale_Ian_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Stockdale_Ian_SoS_decision_redacted.pdf- a) Arrange/facilitate the commission of a child sex offence ./_OFFICIAL_SENSITIVE__Stockdale_Ian_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Stockdale_Ian_SoS_decision_redacted.pdf- b) Making indecent photographs of a child – category B ./_OFFICIAL_SENSITIVE__Stockdale_Ian_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Stockdale_Ian_SoS_decision_redacted.pdf- c) Making indecent photographs of a child – category C ./_OFFICIAL_SENSITIVE__Stockdale_Ian_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Stockdale_Ian_SoS_decision_redacted.pdf: d) Possess extreme pornographic image/images portraying an act of ./_OFFICIAL_SENSITIVE__Stockdale_Ian_SoS_decision_redacted.pdf: intercourse/oral sex with a dead/live animal. ./_OFFICIAL_SENSITIVE__Stockdale_Ian_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Stockdale_Ian_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Stockdale_Ian_SoS_decision_redacted.pdf- 5 ./_OFFICIAL_SENSITIVE__Stockdale_Ian_SoS_decision_redacted.pdf- -- ./_OFFICIAL_SENSITIVE__Stockdale_Ian_SoS_decision_redacted.pdf-the safety of pupils and members of the public. ./_OFFICIAL_SENSITIVE__Stockdale_Ian_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Stockdale_Ian_SoS_decision_redacted.pdf-The panel also took account of the way the teaching profession is viewed by others. The ./_OFFICIAL_SENSITIVE__Stockdale_Ian_SoS_decision_redacted.pdf-panel considered that Mr Stockdale's behaviour in committing the offence could affect ./_OFFICIAL_SENSITIVE__Stockdale_Ian_SoS_decision_redacted.pdf-public confidence in the teaching profession, given the influence that teachers may have ./_OFFICIAL_SENSITIVE__Stockdale_Ian_SoS_decision_redacted.pdf-on pupils, parents and others in the community. ./_OFFICIAL_SENSITIVE__Stockdale_Ian_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Stockdale_Ian_SoS_decision_redacted.pdf-The panel noted that Mr Stockdale's behaviour ultimately led to a sentence of ./_OFFICIAL_SENSITIVE__Stockdale_Ian_SoS_decision_redacted.pdf-imprisonment, which was indicative of the seriousness of the offences committed. ./_OFFICIAL_SENSITIVE__Stockdale_Ian_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Stockdale_Ian_SoS_decision_redacted.pdf:This was a case involving offences of sexual activity, and also viewing, taking, making, ./_OFFICIAL_SENSITIVE__Stockdale_Ian_SoS_decision_redacted.pdf-possessing, distributing or publishing any indecent photograph or image or pseudo ./_OFFICIAL_SENSITIVE__Stockdale_Ian_SoS_decision_redacted.pdf-photograph or image of a child, or permitting any such activity, including one off incidents, ./_OFFICIAL_SENSITIVE__Stockdale_Ian_SoS_decision_redacted.pdf-which the Advice states is likely to be considered a relevant offence. ./_OFFICIAL_SENSITIVE__Stockdale_Ian_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Stockdale_Ian_SoS_decision_redacted.pdf-The panel considered that a finding that these convictions were for relevant offences was ./_OFFICIAL_SENSITIVE__Stockdale_Ian_SoS_decision_redacted.pdf-necessary to reaffirm clear standards of conduct so as to maintain public confidence in the ./_OFFICIAL_SENSITIVE__Stockdale_Ian_SoS_decision_redacted.pdf-teaching profession. ./_OFFICIAL_SENSITIVE__Stockdale_Ian_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Stockdale_Ian_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Stockdale_Ian_SoS_decision_redacted.pdf- 6 -- ./_OFFICIAL_SENSITIVE__Stockdale_Ian_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Stockdale_Ian_SoS_decision_redacted.pdf- • the protection of pupils; ./_OFFICIAL_SENSITIVE__Stockdale_Ian_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Stockdale_Ian_SoS_decision_redacted.pdf- • the protection of other members of the public; ./_OFFICIAL_SENSITIVE__Stockdale_Ian_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Stockdale_Ian_SoS_decision_redacted.pdf- • the maintenance of public confidence in the profession; and ./_OFFICIAL_SENSITIVE__Stockdale_Ian_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Stockdale_Ian_SoS_decision_redacted.pdf- • declaring and upholding proper standards of conduct. ./_OFFICIAL_SENSITIVE__Stockdale_Ian_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Stockdale_Ian_SoS_decision_redacted.pdf-In the light of the panel’s findings against Mr Stockdale, which involved him being convicted ./_OFFICIAL_SENSITIVE__Stockdale_Ian_SoS_decision_redacted.pdf:of criminal offences relating to the attempted facilitation of child sex offences, there was a ./_OFFICIAL_SENSITIVE__Stockdale_Ian_SoS_decision_redacted.pdf-strong public interest consideration in respect of the protection of pupils. ./_OFFICIAL_SENSITIVE__Stockdale_Ian_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Stockdale_Ian_SoS_decision_redacted.pdf-Similarly, the panel considered that public confidence in the profession could be seriously ./_OFFICIAL_SENSITIVE__Stockdale_Ian_SoS_decision_redacted.pdf-weakened if conduct such as that found against Mr Stockdale was not treated with the ./_OFFICIAL_SENSITIVE__Stockdale_Ian_SoS_decision_redacted.pdf-utmost seriousness when regulating the conduct of the profession. ./_OFFICIAL_SENSITIVE__Stockdale_Ian_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Stockdale_Ian_SoS_decision_redacted.pdf-The panel decided that a strong public interest consideration in declaring proper standards ./_OFFICIAL_SENSITIVE__Stockdale_Ian_SoS_decision_redacted.pdf-of conduct in the profession was also present as the conduct found against Mr Stockdale ./_OFFICIAL_SENSITIVE__Stockdale_Ian_SoS_decision_redacted.pdf-was clearly outside that which could reasonably be tolerated. ./_OFFICIAL_SENSITIVE__Stockdale_Ian_SoS_decision_redacted.pdf- -- ./_OFFICIAL_SENSITIVE__Stockdale_Ian_SoS_decision_redacted.pdf-  serious departure from the personal and professional conduct elements of the ./_OFFICIAL_SENSITIVE__Stockdale_Ian_SoS_decision_redacted.pdf- Teachers’ Standards; ./_OFFICIAL_SENSITIVE__Stockdale_Ian_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Stockdale_Ian_SoS_decision_redacted.pdf-  a deep-seated attitude that leads to harmful behaviour; ./_OFFICIAL_SENSITIVE__Stockdale_Ian_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Stockdale_Ian_SoS_decision_redacted.pdf:  sexual misconduct, for example, involving actions that were sexually motivated or ./_OFFICIAL_SENSITIVE__Stockdale_Ian_SoS_decision_redacted.pdf: of a sexual nature and/or that use or exploit the trust, knowledge or influence derived ./_OFFICIAL_SENSITIVE__Stockdale_Ian_SoS_decision_redacted.pdf- from the individual’s professional position; ./_OFFICIAL_SENSITIVE__Stockdale_Ian_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Stockdale_Ian_SoS_decision_redacted.pdf-  any activity involving viewing, taking, making, possessing, distributing or publishing ./_OFFICIAL_SENSITIVE__Stockdale_Ian_SoS_decision_redacted.pdf- any indecent photograph or image or pseudo photograph or image of a child, or ./_OFFICIAL_SENSITIVE__Stockdale_Ian_SoS_decision_redacted.pdf- permitting such activity, including one-off incidents; ./_OFFICIAL_SENSITIVE__Stockdale_Ian_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Stockdale_Ian_SoS_decision_redacted.pdf-  the commission of a serious criminal offence, including those that resulted in a ./_OFFICIAL_SENSITIVE__Stockdale_Ian_SoS_decision_redacted.pdf- conviction or caution, paying particular attention to offences that are ‘relevant ./_OFFICIAL_SENSITIVE__Stockdale_Ian_SoS_decision_redacted.pdf- matters’ for the purposes of The Police Act 1997 and criminal record disclosures. ./_OFFICIAL_SENSITIVE__Stockdale_Ian_SoS_decision_redacted.pdf- -- ./_OFFICIAL_SENSITIVE__Stockdale_Ian_SoS_decision_redacted.pdf-The Advice indicates that there are behaviours that, if proved, would militate against the ./_OFFICIAL_SENSITIVE__Stockdale_Ian_SoS_decision_redacted.pdf-recommendation of a review period. These behaviours included: ./_OFFICIAL_SENSITIVE__Stockdale_Ian_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Stockdale_Ian_SoS_decision_redacted.pdf: • serious sexual misconduct, such as where the act was sexually motivated and ./_OFFICIAL_SENSITIVE__Stockdale_Ian_SoS_decision_redacted.pdf- resulted in or had the potential to result in, harm to a person or persons; ./_OFFICIAL_SENSITIVE__Stockdale_Ian_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Stockdale_Ian_SoS_decision_redacted.pdf- • any activity involving viewing, taking, making, possessing, distributing or publishing ./_OFFICIAL_SENSITIVE__Stockdale_Ian_SoS_decision_redacted.pdf- any indecent photograph or image or pseudo photograph or image of a child. ./_OFFICIAL_SENSITIVE__Stockdale_Ian_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Stockdale_Ian_SoS_decision_redacted.pdf:The panel found that Mr Stockdale had made arrangements to carry out the sexual abuse ./_OFFICIAL_SENSITIVE__Stockdale_Ian_SoS_decision_redacted.pdf-of a child. The panel was unaware as to whether Mr Stockdale would actually follow ./_OFFICIAL_SENSITIVE__Stockdale_Ian_SoS_decision_redacted.pdf-through with these arrangements. Nevertheless, such discussion and arrangements being ./_OFFICIAL_SENSITIVE__Stockdale_Ian_SoS_decision_redacted.pdf-made was fundamentally incompatible with him remaining as a teacher. The panel also ./_OFFICIAL_SENSITIVE__Stockdale_Ian_SoS_decision_redacted.pdf-had the same view for the other three offences that Mr Stockdale had been convicted of. ./_OFFICIAL_SENSITIVE__Stockdale_Ian_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Stockdale_Ian_SoS_decision_redacted.pdf-The panel noted from the sentencing remarks that it had been suggested Mr Stockdale ./_OFFICIAL_SENSITIVE__Stockdale_Ian_SoS_decision_redacted.pdf-[REDACTED], and that this may have contributed to his criminal offending. In the panel's ./_OFFICIAL_SENSITIVE__Stockdale_Ian_SoS_decision_redacted.pdf-view, this indicated Mr Stockdale's lack of willingness to accept responsibility for his ./_OFFICIAL_SENSITIVE__Stockdale_Ian_SoS_decision_redacted.pdf-actions. ./_OFFICIAL_SENSITIVE__Stockdale_Ian_SoS_decision_redacted.pdf- -- ./_OFFICIAL_SENSITIVE__Stockdale_Ian_SoS_decision_redacted.pdf- and at all times observing proper boundaries appropriate to a teacher’s ./_OFFICIAL_SENSITIVE__Stockdale_Ian_SoS_decision_redacted.pdf- professional position ./_OFFICIAL_SENSITIVE__Stockdale_Ian_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Stockdale_Ian_SoS_decision_redacted.pdf- o having regard for the need to safeguard pupils’ well-being, in accordance ./_OFFICIAL_SENSITIVE__Stockdale_Ian_SoS_decision_redacted.pdf- with statutory provisions ./_OFFICIAL_SENSITIVE__Stockdale_Ian_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Stockdale_Ian_SoS_decision_redacted.pdf-The panel finds that the conduct of Mr Stockdale fell significantly short of the standards ./_OFFICIAL_SENSITIVE__Stockdale_Ian_SoS_decision_redacted.pdf-expected of the profession. ./_OFFICIAL_SENSITIVE__Stockdale_Ian_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Stockdale_Ian_SoS_decision_redacted.pdf-The findings of misconduct are particularly serious as they include a conviction involving ./_OFFICIAL_SENSITIVE__Stockdale_Ian_SoS_decision_redacted.pdf:offences of sexual activity, and also viewing, taking, making, possessing, distributing or ./_OFFICIAL_SENSITIVE__Stockdale_Ian_SoS_decision_redacted.pdf-publishing any indecent photograph or image or pseudo photograph or image of a child. ./_OFFICIAL_SENSITIVE__Stockdale_Ian_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Stockdale_Ian_SoS_decision_redacted.pdf-I have to determine whether the imposition of a prohibition order is proportionate and in ./_OFFICIAL_SENSITIVE__Stockdale_Ian_SoS_decision_redacted.pdf-the public interest. In considering that for this case, I have considered the overall aim of a ./_OFFICIAL_SENSITIVE__Stockdale_Ian_SoS_decision_redacted.pdf-prohibition order which is to protect pupils and to maintain public confidence in the ./_OFFICIAL_SENSITIVE__Stockdale_Ian_SoS_decision_redacted.pdf-profession. I have considered the extent to which a prohibition order in this case would ./_OFFICIAL_SENSITIVE__Stockdale_Ian_SoS_decision_redacted.pdf-achieve that aim taking into account the impact that it will have on the individual teacher. ./_OFFICIAL_SENSITIVE__Stockdale_Ian_SoS_decision_redacted.pdf-I have also asked myself, whether a less intrusive measure, such as the published ./_OFFICIAL_SENSITIVE__Stockdale_Ian_SoS_decision_redacted.pdf-finding of a relevant conviction, would itself be sufficient to achieve the overall aim. I have ./_OFFICIAL_SENSITIVE__Stockdale_Ian_SoS_decision_redacted.pdf-to consider whether the consequences of such a publication are themselves sufficient. I ./_OFFICIAL_SENSITIVE__Stockdale_Ian_SoS_decision_redacted.pdf-have considered therefore whether or not prohibiting Mr Stockdale, and the impact that ./_OFFICIAL_SENSITIVE__Stockdale_Ian_SoS_decision_redacted.pdf-will have on the teacher, is proportionate and in the public interest. ./_OFFICIAL_SENSITIVE__Stockdale_Ian_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Stockdale_Ian_SoS_decision_redacted.pdf-In this case, I have considered the extent to which a prohibition order would protect ./_OFFICIAL_SENSITIVE__Stockdale_Ian_SoS_decision_redacted.pdf-children/safeguard pupils. The panel has observed, “In the light of the panel’s findings ./_OFFICIAL_SENSITIVE__Stockdale_Ian_SoS_decision_redacted.pdf-against Mr Stockdale, which involved him being convicted of criminal offences relating to ./_OFFICIAL_SENSITIVE__Stockdale_Ian_SoS_decision_redacted.pdf:the attempted facilitation of child sex offences, there was a strong public interest ./_OFFICIAL_SENSITIVE__Stockdale_Ian_SoS_decision_redacted.pdf-consideration in respect of the protection of pupils.” A prohibition order would therefore ./_OFFICIAL_SENSITIVE__Stockdale_Ian_SoS_decision_redacted.pdf-prevent such a risk from being present in the future. ./_OFFICIAL_SENSITIVE__Stockdale_Ian_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Stockdale_Ian_SoS_decision_redacted.pdf-I have also taken into account the panel’s comments on insight and remorse, which the ./_OFFICIAL_SENSITIVE__Stockdale_Ian_SoS_decision_redacted.pdf-panel sets out as follows, “The panel noted from the sentencing remarks that it had been ./_OFFICIAL_SENSITIVE__Stockdale_Ian_SoS_decision_redacted.pdf-suggested Mr Stockdale [REDACTED], and that this may have contributed to his criminal ./_OFFICIAL_SENSITIVE__Stockdale_Ian_SoS_decision_redacted.pdf-offending. In the panel's view, this indicated Mr Stockdale's lack of willingness to accept ./_OFFICIAL_SENSITIVE__Stockdale_Ian_SoS_decision_redacted.pdf-responsibility for his actions.” In my judgement, the lack of insight and remorse means that ./_OFFICIAL_SENSITIVE__Stockdale_Ian_SoS_decision_redacted.pdf-there is some risk of the repetition of this behaviour and this puts at risk the future wellbeing ./_OFFICIAL_SENSITIVE__Stockdale_Ian_SoS_decision_redacted.pdf-of pupils’. I have therefore given this element considerable weight in reaching my decision. -- ./_OFFICIAL_SENSITIVE__Stockdale_Ian_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Stockdale_Ian_SoS_decision_redacted.pdf-I have also considered the impact of a prohibition order on Mr Stockdale himself and the ./_OFFICIAL_SENSITIVE__Stockdale_Ian_SoS_decision_redacted.pdf-panel comment “In the light of the panel’s findings, there were no mitigating factors that it ./_OFFICIAL_SENSITIVE__Stockdale_Ian_SoS_decision_redacted.pdf-could take into account to indicate that a probation order was not appropriate.” ./_OFFICIAL_SENSITIVE__Stockdale_Ian_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Stockdale_Ian_SoS_decision_redacted.pdf-A prohibition order would prevent Mr Stockdale from teaching. A prohibition order would ./_OFFICIAL_SENSITIVE__Stockdale_Ian_SoS_decision_redacted.pdf-also clearly deprive the public of his contribution to the profession for the period that it is ./_OFFICIAL_SENSITIVE__Stockdale_Ian_SoS_decision_redacted.pdf-in force. ./_OFFICIAL_SENSITIVE__Stockdale_Ian_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Stockdale_Ian_SoS_decision_redacted.pdf-In this case, I have placed considerable weight on the panel’s comments, “The panel found ./_OFFICIAL_SENSITIVE__Stockdale_Ian_SoS_decision_redacted.pdf:that Mr Stockdale had made arrangements to carry out the sexual abuse of a child. The ./_OFFICIAL_SENSITIVE__Stockdale_Ian_SoS_decision_redacted.pdf-panel was unaware as to whether Mr Stockdale would actually follow through with these ./_OFFICIAL_SENSITIVE__Stockdale_Ian_SoS_decision_redacted.pdf-arrangements. Nevertheless, such discussion and arrangements being made was ./_OFFICIAL_SENSITIVE__Stockdale_Ian_SoS_decision_redacted.pdf-fundamentally incompatible with him remaining as a teacher. The panel also had the same ./_OFFICIAL_SENSITIVE__Stockdale_Ian_SoS_decision_redacted.pdf-view for the other three offences that Mr Stockdale had been convicted of.” ./_OFFICIAL_SENSITIVE__Stockdale_Ian_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Stockdale_Ian_SoS_decision_redacted.pdf-I have also given considerable weight to the following “The panel was of the view that ./_OFFICIAL_SENSITIVE__Stockdale_Ian_SoS_decision_redacted.pdf-prohibition was both proportionate and appropriate. The panel decided that the public ./_OFFICIAL_SENSITIVE__Stockdale_Ian_SoS_decision_redacted.pdf-interest considerations outweighed the interests of Mr Stockdale. Mr Stockdale had been ./_OFFICIAL_SENSITIVE__Stockdale_Ian_SoS_decision_redacted.pdf-convicted of incredibly serious criminal offences, which had led to a lengthy sentence of ./_OFFICIAL_SENSITIVE__Stockdale_Ian_SoS_decision_redacted.pdf-imprisonment, and this situation clearly demonstrated that a recommendation to the ./_OFFICIAL_SENSITIVE__Strange_Paul_-_SOS_decision_-.pdf- It was alleged that Mr Strange was guilty of having been convicted of a relevant ./_OFFICIAL_SENSITIVE__Strange_Paul_-_SOS_decision_-.pdf- offence, in that: ./_OFFICIAL_SENSITIVE__Strange_Paul_-_SOS_decision_-.pdf- ./_OFFICIAL_SENSITIVE__Strange_Paul_-_SOS_decision_-.pdf- 1. On or around 27 April 2021, he was convicted of two counts of making an ./_OFFICIAL_SENSITIVE__Strange_Paul_-_SOS_decision_-.pdf- indecent photograph/pseudo-photograph of a child/children contrary to section ./_OFFICIAL_SENSITIVE__Strange_Paul_-_SOS_decision_-.pdf- 1(a) of the Protection of Children Act 1978. ./_OFFICIAL_SENSITIVE__Strange_Paul_-_SOS_decision_-.pdf- 2. On or around 27 April 2021, he was convicted of one count of possessing ./_OFFICIAL_SENSITIVE__Strange_Paul_-_SOS_decision_-.pdf- prohibited images of a child/children contrary to section 62(1) Coroners and ./_OFFICIAL_SENSITIVE__Strange_Paul_-_SOS_decision_-.pdf- Justice Act 2009. ./_OFFICIAL_SENSITIVE__Strange_Paul_-_SOS_decision_-.pdf- 3. On or around 27 April 2021, he was convicted of one count of possession of ./_OFFICIAL_SENSITIVE__Strange_Paul_-_SOS_decision_-.pdf: extreme pornographic images of intercourse/oral sex with a dead/alive animal ./_OFFICIAL_SENSITIVE__Strange_Paul_-_SOS_decision_-.pdf- contrary to section 63(1)(7)(d) of the Criminal Justice and Immigration Act 2008. ./_OFFICIAL_SENSITIVE__Strange_Paul_-_SOS_decision_-.pdf- ./_OFFICIAL_SENSITIVE__Strange_Paul_-_SOS_decision_-.pdf- ./_OFFICIAL_SENSITIVE__Strange_Paul_-_SOS_decision_-.pdf- ./_OFFICIAL_SENSITIVE__Strange_Paul_-_SOS_decision_-.pdf-The teacher did not respond to the allegations. ./_OFFICIAL_SENSITIVE__Strange_Paul_-_SOS_decision_-.pdf- ./_OFFICIAL_SENSITIVE__Strange_Paul_-_SOS_decision_-.pdf- ./_OFFICIAL_SENSITIVE__Strange_Paul_-_SOS_decision_-.pdf-Preliminary applications ./_OFFICIAL_SENSITIVE__Strange_Paul_-_SOS_decision_-.pdf-The panel considered an application from the TRA to proceed in the absence of the ./_OFFICIAL_SENSITIVE__Strange_Paul_-_SOS_decision_-.pdf-teacher. The panel heard written and oral submissions from the presenting officer and -- ./_OFFICIAL_SENSITIVE__Strange_Paul_-_SOS_decision_-.pdf- ./_OFFICIAL_SENSITIVE__Strange_Paul_-_SOS_decision_-.pdf-Decision and reasons ./_OFFICIAL_SENSITIVE__Strange_Paul_-_SOS_decision_-.pdf-The panel announced its decision and reasons as follows: ./_OFFICIAL_SENSITIVE__Strange_Paul_-_SOS_decision_-.pdf- ./_OFFICIAL_SENSITIVE__Strange_Paul_-_SOS_decision_-.pdf-The panel carefully considered the case before it and reached a decision. ./_OFFICIAL_SENSITIVE__Strange_Paul_-_SOS_decision_-.pdf- ./_OFFICIAL_SENSITIVE__Strange_Paul_-_SOS_decision_-.pdf-Mr Strange commenced employment as a Tutor of Engineering at the School on 1 ./_OFFICIAL_SENSITIVE__Strange_Paul_-_SOS_decision_-.pdf-October 2019. He was employed by Landau Forte Charitable Trust (the “Trust”). ./_OFFICIAL_SENSITIVE__Strange_Paul_-_SOS_decision_-.pdf- ./_OFFICIAL_SENSITIVE__Strange_Paul_-_SOS_decision_-.pdf-On 17 April 2020, the Trust received notification via its electronic monitoring system that ./_OFFICIAL_SENSITIVE__Strange_Paul_-_SOS_decision_-.pdf:Mr Strange had apparently viewed pornographic material on the Trust’s laptop. A ./_OFFICIAL_SENSITIVE__Strange_Paul_-_SOS_decision_-.pdf-safeguarding report was made by the Trust. ./_OFFICIAL_SENSITIVE__Strange_Paul_-_SOS_decision_-.pdf- ./_OFFICIAL_SENSITIVE__Strange_Paul_-_SOS_decision_-.pdf-On 23 April 2020, Mr Strange was arrested at his home by Nottinghamshire Police. On ./_OFFICIAL_SENSITIVE__Strange_Paul_-_SOS_decision_-.pdf-the same day he was suspended from the Trust pending disciplinary investigation, on the ./_OFFICIAL_SENSITIVE__Strange_Paul_-_SOS_decision_-.pdf-basis of alleged gross misconduct. ./_OFFICIAL_SENSITIVE__Strange_Paul_-_SOS_decision_-.pdf- ./_OFFICIAL_SENSITIVE__Strange_Paul_-_SOS_decision_-.pdf- ./_OFFICIAL_SENSITIVE__Strange_Paul_-_SOS_decision_-.pdf- ./_OFFICIAL_SENSITIVE__Strange_Paul_-_SOS_decision_-.pdf- ./_OFFICIAL_SENSITIVE__Strange_Paul_-_SOS_decision_-.pdf- 6 -- ./_OFFICIAL_SENSITIVE__Strange_Paul_-_SOS_decision_-.pdf-On 27 April 2021, a plea and trial preparation hearing was held at Nottingham Crown ./_OFFICIAL_SENSITIVE__Strange_Paul_-_SOS_decision_-.pdf-Court. At the hearing, Mr Strange pleaded guilty to and was convicted of 2 counts of ./_OFFICIAL_SENSITIVE__Strange_Paul_-_SOS_decision_-.pdf-making an indecent photograph/pseudo-photograph of a child/children, one count of ./_OFFICIAL_SENSITIVE__Strange_Paul_-_SOS_decision_-.pdf-possession of prohibited images of children, and one count of possession of extreme ./_OFFICIAL_SENSITIVE__Strange_Paul_-_SOS_decision_-.pdf:pornographic images. ./_OFFICIAL_SENSITIVE__Strange_Paul_-_SOS_decision_-.pdf- ./_OFFICIAL_SENSITIVE__Strange_Paul_-_SOS_decision_-.pdf-He was sentenced at Nottingham Crown Court on 7 July 2021. ./_OFFICIAL_SENSITIVE__Strange_Paul_-_SOS_decision_-.pdf- ./_OFFICIAL_SENSITIVE__Strange_Paul_-_SOS_decision_-.pdf-Findings of fact ./_OFFICIAL_SENSITIVE__Strange_Paul_-_SOS_decision_-.pdf- ./_OFFICIAL_SENSITIVE__Strange_Paul_-_SOS_decision_-.pdf-The findings of fact are as follows: ./_OFFICIAL_SENSITIVE__Strange_Paul_-_SOS_decision_-.pdf- ./_OFFICIAL_SENSITIVE__Strange_Paul_-_SOS_decision_-.pdf-The panel found the following particulars of the allegation(s) against you proved, for ./_OFFICIAL_SENSITIVE__Strange_Paul_-_SOS_decision_-.pdf-these reasons: ./_OFFICIAL_SENSITIVE__Strange_Paul_-_SOS_decision_-.pdf- -- ./_OFFICIAL_SENSITIVE__Strange_Paul_-_SOS_decision_-.pdf- ./_OFFICIAL_SENSITIVE__Strange_Paul_-_SOS_decision_-.pdf- 1. On or around 27 April 2021, were convicted of two counts of making an ./_OFFICIAL_SENSITIVE__Strange_Paul_-_SOS_decision_-.pdf- indecent photograph/pseudo-photograph of a child/children contrary to ./_OFFICIAL_SENSITIVE__Strange_Paul_-_SOS_decision_-.pdf- section 1(a) of the Protection of Children Act 1978. ./_OFFICIAL_SENSITIVE__Strange_Paul_-_SOS_decision_-.pdf- ./_OFFICIAL_SENSITIVE__Strange_Paul_-_SOS_decision_-.pdf- 2. On or around 27 April 2021, were convicted of one count of possessing ./_OFFICIAL_SENSITIVE__Strange_Paul_-_SOS_decision_-.pdf- prohibited images of a child/children contrary to section 62(1) Coroners and ./_OFFICIAL_SENSITIVE__Strange_Paul_-_SOS_decision_-.pdf- Justice Act 2009. ./_OFFICIAL_SENSITIVE__Strange_Paul_-_SOS_decision_-.pdf- ./_OFFICIAL_SENSITIVE__Strange_Paul_-_SOS_decision_-.pdf- 3. On or around 27 April 2021, were convicted of one count of possession of ./_OFFICIAL_SENSITIVE__Strange_Paul_-_SOS_decision_-.pdf: extreme pornographic images of intercourse/oral sex with a dead/alive ./_OFFICIAL_SENSITIVE__Strange_Paul_-_SOS_decision_-.pdf- animal contrary to section 63(1)(7)(d) of the Criminal Justice and ./_OFFICIAL_SENSITIVE__Strange_Paul_-_SOS_decision_-.pdf- Immigration Act 2008. ./_OFFICIAL_SENSITIVE__Strange_Paul_-_SOS_decision_-.pdf- ./_OFFICIAL_SENSITIVE__Strange_Paul_-_SOS_decision_-.pdf-In each case, the panel considered that the allegations were supported by the evidence ./_OFFICIAL_SENSITIVE__Strange_Paul_-_SOS_decision_-.pdf-presented to it, in particular a Police National Computer print produced on 14 September ./_OFFICIAL_SENSITIVE__Strange_Paul_-_SOS_decision_-.pdf-2021 noting the convictions; and a certificate of conviction dated 13 April 2022 recording ./_OFFICIAL_SENSITIVE__Strange_Paul_-_SOS_decision_-.pdf-convictions at Nottingham Crown Court on 27 April 2021 and sentencing on 7 July 2021, ./_OFFICIAL_SENSITIVE__Strange_Paul_-_SOS_decision_-.pdf-which the panel accepted as proof of the commission of the offences concerned. ./_OFFICIAL_SENSITIVE__Strange_Paul_-_SOS_decision_-.pdf- ./_OFFICIAL_SENSITIVE__Strange_Paul_-_SOS_decision_-.pdf-There was no evidence put before the panel which suggested that they were not -- ./_OFFICIAL_SENSITIVE__Strange_Paul_-_SOS_decision_-.pdf- ./_OFFICIAL_SENSITIVE__Strange_Paul_-_SOS_decision_-.pdf-The panel had regard to the particular public interest considerations set out at page 14 of ./_OFFICIAL_SENSITIVE__Strange_Paul_-_SOS_decision_-.pdf-the Advice and having done so, found all of them to be relevant in this case, namely the ./_OFFICIAL_SENSITIVE__Strange_Paul_-_SOS_decision_-.pdf-safeguarding and wellbeing of pupils and protection of other members of the public, the ./_OFFICIAL_SENSITIVE__Strange_Paul_-_SOS_decision_-.pdf-maintenance of public confidence in the profession, and declaring and upholding proper ./_OFFICIAL_SENSITIVE__Strange_Paul_-_SOS_decision_-.pdf-standards of conduct. ./_OFFICIAL_SENSITIVE__Strange_Paul_-_SOS_decision_-.pdf- ./_OFFICIAL_SENSITIVE__Strange_Paul_-_SOS_decision_-.pdf-In the light of the panel’s findings against Mr Strange, which involved convictions for 2 ./_OFFICIAL_SENSITIVE__Strange_Paul_-_SOS_decision_-.pdf-counts of making an indecent photograph/pseudo-photograph of a child/children, one ./_OFFICIAL_SENSITIVE__Strange_Paul_-_SOS_decision_-.pdf-count of possession of prohibited images of children, and one count of possession of ./_OFFICIAL_SENSITIVE__Strange_Paul_-_SOS_decision_-.pdf:extreme pornographic images, there was a strong public interest consideration in respect ./_OFFICIAL_SENSITIVE__Strange_Paul_-_SOS_decision_-.pdf-of the safeguarding and wellbeing of pupils. ./_OFFICIAL_SENSITIVE__Strange_Paul_-_SOS_decision_-.pdf- ./_OFFICIAL_SENSITIVE__Strange_Paul_-_SOS_decision_-.pdf-Similarly, the panel considered that public confidence in the profession could be seriously ./_OFFICIAL_SENSITIVE__Strange_Paul_-_SOS_decision_-.pdf-weakened if conduct such as that found against Mr Strange were not treated with the ./_OFFICIAL_SENSITIVE__Strange_Paul_-_SOS_decision_-.pdf-utmost seriousness when regulating the conduct of the profession. ./_OFFICIAL_SENSITIVE__Strange_Paul_-_SOS_decision_-.pdf- ./_OFFICIAL_SENSITIVE__Strange_Paul_-_SOS_decision_-.pdf-The panel decided that a strong public interest consideration in declaring proper ./_OFFICIAL_SENSITIVE__Strange_Paul_-_SOS_decision_-.pdf-standards of conduct in the profession was also present as the conduct found against Mr ./_OFFICIAL_SENSITIVE__Strange_Paul_-_SOS_decision_-.pdf-Strange was well outside that which could reasonably be tolerated. ./_OFFICIAL_SENSITIVE__Strange_Paul_-_SOS_decision_-.pdf- ./_OFFICIAL_SENSITIVE__Stuart_Blan_SoS_Decision___P.pdf-Allegations ./_OFFICIAL_SENSITIVE__Stuart_Blan_SoS_Decision___P.pdf-The panel considered the allegations set out in the notice of proceedings dated 16 May ./_OFFICIAL_SENSITIVE__Stuart_Blan_SoS_Decision___P.pdf-2022. ./_OFFICIAL_SENSITIVE__Stuart_Blan_SoS_Decision___P.pdf- ./_OFFICIAL_SENSITIVE__Stuart_Blan_SoS_Decision___P.pdf-It was alleged that Mr Blan was guilty of unacceptable professional conduct and conduct ./_OFFICIAL_SENSITIVE__Stuart_Blan_SoS_Decision___P.pdf-that may bring the profession into disrepute, in that between 2004-2007: ./_OFFICIAL_SENSITIVE__Stuart_Blan_SoS_Decision___P.pdf- ./_OFFICIAL_SENSITIVE__Stuart_Blan_SoS_Decision___P.pdf- 1. Whilst employed as a teacher at Clifton College he failed to maintain a proper ./_OFFICIAL_SENSITIVE__Stuart_Blan_SoS_Decision___P.pdf- boundary appropriate to a teacher’s professional position in that in the academic ./_OFFICIAL_SENSITIVE__Stuart_Blan_SoS_Decision___P.pdf: year 2004/2005 he had sexual relations with Pupil E. ./_OFFICIAL_SENSITIVE__Stuart_Blan_SoS_Decision___P.pdf- ./_OFFICIAL_SENSITIVE__Stuart_Blan_SoS_Decision___P.pdf- 2. Whilst employed as a teacher at Canford College he failed to treat pupils with ./_OFFICIAL_SENSITIVE__Stuart_Blan_SoS_Decision___P.pdf- dignity in that he used intimidatory behaviour and language in his role as a ./_OFFICIAL_SENSITIVE__Stuart_Blan_SoS_Decision___P.pdf- teacher. ./_OFFICIAL_SENSITIVE__Stuart_Blan_SoS_Decision___P.pdf- ./_OFFICIAL_SENSITIVE__Stuart_Blan_SoS_Decision___P.pdf- 3. In or before April 2007, he did not disclose to the British School Al Khubairat ./_OFFICIAL_SENSITIVE__Stuart_Blan_SoS_Decision___P.pdf- (‘BSAK’) that he had been a teacher at Clifton College in 2004. ./_OFFICIAL_SENSITIVE__Stuart_Blan_SoS_Decision___P.pdf- ./_OFFICIAL_SENSITIVE__Stuart_Blan_SoS_Decision___P.pdf: 4. His conduct as may be found proven in relation to Allegation 1 was sexually ./_OFFICIAL_SENSITIVE__Stuart_Blan_SoS_Decision___P.pdf- motivated. ./_OFFICIAL_SENSITIVE__Stuart_Blan_SoS_Decision___P.pdf- ./_OFFICIAL_SENSITIVE__Stuart_Blan_SoS_Decision___P.pdf- 5. His conduct as may be found proven in relation to Allegation 3 lacked integrity. ./_OFFICIAL_SENSITIVE__Stuart_Blan_SoS_Decision___P.pdf- ./_OFFICIAL_SENSITIVE__Stuart_Blan_SoS_Decision___P.pdf- ./_OFFICIAL_SENSITIVE__Stuart_Blan_SoS_Decision___P.pdf- ./_OFFICIAL_SENSITIVE__Stuart_Blan_SoS_Decision___P.pdf-The panel was provided with a statement of agreed and disputed facts, within which Mr ./_OFFICIAL_SENSITIVE__Stuart_Blan_SoS_Decision___P.pdf-Blan admitted allegations 2, 3 and 5. Mr Blan did not accept allegations 1 and 4. In ./_OFFICIAL_SENSITIVE__Stuart_Blan_SoS_Decision___P.pdf-respect of the admitted facts, Mr Blan accepted these amounted to unacceptable ./_OFFICIAL_SENSITIVE__Stuart_Blan_SoS_Decision___P.pdf-professional conduct and conduct that may bring the profession into disrepute. -- ./_OFFICIAL_SENSITIVE__Stuart_Blan_SoS_Decision___P.pdf- ./_OFFICIAL_SENSITIVE__Stuart_Blan_SoS_Decision___P.pdf-Findings of fact ./_OFFICIAL_SENSITIVE__Stuart_Blan_SoS_Decision___P.pdf- ./_OFFICIAL_SENSITIVE__Stuart_Blan_SoS_Decision___P.pdf-The findings of fact are as follows: ./_OFFICIAL_SENSITIVE__Stuart_Blan_SoS_Decision___P.pdf- ./_OFFICIAL_SENSITIVE__Stuart_Blan_SoS_Decision___P.pdf-The panel found the following particulars of the allegations against you proved, for these ./_OFFICIAL_SENSITIVE__Stuart_Blan_SoS_Decision___P.pdf-reasons: ./_OFFICIAL_SENSITIVE__Stuart_Blan_SoS_Decision___P.pdf- ./_OFFICIAL_SENSITIVE__Stuart_Blan_SoS_Decision___P.pdf- 1. Whilst employed as a teacher at Clifton College you failed to maintain a ./_OFFICIAL_SENSITIVE__Stuart_Blan_SoS_Decision___P.pdf- proper boundary appropriate to a teacher’s professional position in that in ./_OFFICIAL_SENSITIVE__Stuart_Blan_SoS_Decision___P.pdf: the academic year 2004/2005 you had sexual relations with Pupil E. ./_OFFICIAL_SENSITIVE__Stuart_Blan_SoS_Decision___P.pdf- ./_OFFICIAL_SENSITIVE__Stuart_Blan_SoS_Decision___P.pdf-The panel heard evidence from Pupil E. The panel considered her evidence to be ./_OFFICIAL_SENSITIVE__Stuart_Blan_SoS_Decision___P.pdf-measured and candid. The panel was mindful that the events occurred many years ago, ./_OFFICIAL_SENSITIVE__Stuart_Blan_SoS_Decision___P.pdf-which may have impacted her memory and she readily accepted when her memory was ./_OFFICIAL_SENSITIVE__Stuart_Blan_SoS_Decision___P.pdf-not precise. The panel considered that Pupil E did not embellish matters and was able to ./_OFFICIAL_SENSITIVE__Stuart_Blan_SoS_Decision___P.pdf-describe how the relationship with Mr Blan had developed. ./_OFFICIAL_SENSITIVE__Stuart_Blan_SoS_Decision___P.pdf- ./_OFFICIAL_SENSITIVE__Stuart_Blan_SoS_Decision___P.pdf-Pupil E explained how she first met Mr Blan in September 2004, when he became a ./_OFFICIAL_SENSITIVE__Stuart_Blan_SoS_Decision___P.pdf-House Parent at Oakley House (at the School), where she was a [redacted]. She ./_OFFICIAL_SENSITIVE__Stuart_Blan_SoS_Decision___P.pdf-explained that extra [redacted] training sessions were offered by Mr Blan during the first -- ./_OFFICIAL_SENSITIVE__Stuart_Blan_SoS_Decision___P.pdf-touching during training that she had not experienced with other coaches previously. ./_OFFICIAL_SENSITIVE__Stuart_Blan_SoS_Decision___P.pdf-Pupil E explained that Mr Blan had offered her driving practice. ./_OFFICIAL_SENSITIVE__Stuart_Blan_SoS_Decision___P.pdf- ./_OFFICIAL_SENSITIVE__Stuart_Blan_SoS_Decision___P.pdf-On one occasion during that first term at the School, she explained that during a drive, Mr ./_OFFICIAL_SENSITIVE__Stuart_Blan_SoS_Decision___P.pdf-Blan stopped near a woodland, and they kissed in the car. During her evidence, Pupil E ./_OFFICIAL_SENSITIVE__Stuart_Blan_SoS_Decision___P.pdf-stated that this was the first kiss between them and described it as "snogging". Pupil E ./_OFFICIAL_SENSITIVE__Stuart_Blan_SoS_Decision___P.pdf-recalled further occasions at the School when she and Mr Blan kissed. One of these was ./_OFFICIAL_SENSITIVE__Stuart_Blan_SoS_Decision___P.pdf-in the [redacted] department, in a room used by staff not pupils. Pupil E described that Mr ./_OFFICIAL_SENSITIVE__Stuart_Blan_SoS_Decision___P.pdf-Blan guided her into the room and kissed her, before they returned to their respective ./_OFFICIAL_SENSITIVE__Stuart_Blan_SoS_Decision___P.pdf-lessons. The panel found as a fact that the kissing as described by Pupil E constituted ./_OFFICIAL_SENSITIVE__Stuart_Blan_SoS_Decision___P.pdf:sexual relations. ./_OFFICIAL_SENSITIVE__Stuart_Blan_SoS_Decision___P.pdf- ./_OFFICIAL_SENSITIVE__Stuart_Blan_SoS_Decision___P.pdf-During her evidence Pupil E stated that the relationship developed quickly, and they had ./_OFFICIAL_SENSITIVE__Stuart_Blan_SoS_Decision___P.pdf:sexual intercourse shortly after the occasion when they kissed in the car. The panel ./_OFFICIAL_SENSITIVE__Stuart_Blan_SoS_Decision___P.pdf-found that at this point, Mr Blan was still teaching lessons at the School, until told not to ./_OFFICIAL_SENSITIVE__Stuart_Blan_SoS_Decision___P.pdf- ./_OFFICIAL_SENSITIVE__Stuart_Blan_SoS_Decision___P.pdf- 7 ./_OFFICIAL_SENSITIVE__Stuart_Blan_SoS_Decision___P.pdf- -- ./_OFFICIAL_SENSITIVE__Stuart_Blan_SoS_Decision___P.pdf-do so by the School from 18 November 2004. It was accepted by both Mr Blan and Pupil ./_OFFICIAL_SENSITIVE__Stuart_Blan_SoS_Decision___P.pdf-E that after this the relationship continued into the summer of 2005. ./_OFFICIAL_SENSITIVE__Stuart_Blan_SoS_Decision___P.pdf- ./_OFFICIAL_SENSITIVE__Stuart_Blan_SoS_Decision___P.pdf:Mr Blan did not give live evidence. In his statement, he admitted that he had sexual ./_OFFICIAL_SENSITIVE__Stuart_Blan_SoS_Decision___P.pdf-relations with Pupil E in the academic year 2004/05 from December 2004 onwards but ./_OFFICIAL_SENSITIVE__Stuart_Blan_SoS_Decision___P.pdf-denied that he developed an inappropriate relationship with Pupil E during his ./_OFFICIAL_SENSITIVE__Stuart_Blan_SoS_Decision___P.pdf-employment at the School. The panel did not accept that evidence, it preferred the ./_OFFICIAL_SENSITIVE__Stuart_Blan_SoS_Decision___P.pdf-evidence of Pupil E. ./_OFFICIAL_SENSITIVE__Stuart_Blan_SoS_Decision___P.pdf- ./_OFFICIAL_SENSITIVE__Stuart_Blan_SoS_Decision___P.pdf-Mr Blan stated that in early December, he spoke to Pupil E's parents to ask if he could ./_OFFICIAL_SENSITIVE__Stuart_Blan_SoS_Decision___P.pdf-date their daughter. The panel found that a relationship between Mr Blan and Pupil E had ./_OFFICIAL_SENSITIVE__Stuart_Blan_SoS_Decision___P.pdf-already formed by this stage. ./_OFFICIAL_SENSITIVE__Stuart_Blan_SoS_Decision___P.pdf- ./_OFFICIAL_SENSITIVE__Stuart_Blan_SoS_Decision___P.pdf-The panel considered that Mr Blan had failed to maintain appropriate boundaries. In ./_OFFICIAL_SENSITIVE__Stuart_Blan_SoS_Decision___P.pdf-particular, Mr Blan stated in his witness statement that Pupil E had "made a flirtatious ./_OFFICIAL_SENSITIVE__Stuart_Blan_SoS_Decision___P.pdf-comment" when he first started coaching her. Pupil E stated in her oral evidence that ./_OFFICIAL_SENSITIVE__Stuart_Blan_SoS_Decision___P.pdf-they had both been flirtatious and that Mr Blan had made comments about being ./_OFFICIAL_SENSITIVE__Stuart_Blan_SoS_Decision___P.pdf-distracted. However, the flirtation had started, the panel considered that the responsibility ./_OFFICIAL_SENSITIVE__Stuart_Blan_SoS_Decision___P.pdf-was on Mr Blan, the responsible adult, to discourage any inappropriate behaviour and ./_OFFICIAL_SENSITIVE__Stuart_Blan_SoS_Decision___P.pdf-report it to the appropriate senior leader. ./_OFFICIAL_SENSITIVE__Stuart_Blan_SoS_Decision___P.pdf- ./_OFFICIAL_SENSITIVE__Stuart_Blan_SoS_Decision___P.pdf-The panel assessed the weight and reliability of the evidence, and on the balance of ./_OFFICIAL_SENSITIVE__Stuart_Blan_SoS_Decision___P.pdf:probabilities, it found that a sexual relationship had developed whilst Mr Blan was a ./_OFFICIAL_SENSITIVE__Stuart_Blan_SoS_Decision___P.pdf-teacher at the school. Therefore, this allegation is found proved. ./_OFFICIAL_SENSITIVE__Stuart_Blan_SoS_Decision___P.pdf- ./_OFFICIAL_SENSITIVE__Stuart_Blan_SoS_Decision___P.pdf- ./_OFFICIAL_SENSITIVE__Stuart_Blan_SoS_Decision___P.pdf- 2. Whilst employed as a teacher at Canford College you failed to treat pupils ./_OFFICIAL_SENSITIVE__Stuart_Blan_SoS_Decision___P.pdf- with dignity in that you used intimidatory behaviour and language in your ./_OFFICIAL_SENSITIVE__Stuart_Blan_SoS_Decision___P.pdf- role as a teacher. ./_OFFICIAL_SENSITIVE__Stuart_Blan_SoS_Decision___P.pdf- ./_OFFICIAL_SENSITIVE__Stuart_Blan_SoS_Decision___P.pdf-This allegation was admitted by Mr Blan and was supported by the evidence available to ./_OFFICIAL_SENSITIVE__Stuart_Blan_SoS_Decision___P.pdf-the panel. In particular, the panel noted that when Mr Blan was presented with these ./_OFFICIAL_SENSITIVE__Stuart_Blan_SoS_Decision___P.pdf-allegations on or around 29 November 2002, he admitted that he had been "extremely -- ./_OFFICIAL_SENSITIVE__Stuart_Blan_SoS_Decision___P.pdf- 4. Your conduct as may be found proven in relation to Allegation 1 was ./_OFFICIAL_SENSITIVE__Stuart_Blan_SoS_Decision___P.pdf: sexually motivated. ./_OFFICIAL_SENSITIVE__Stuart_Blan_SoS_Decision___P.pdf- ./_OFFICIAL_SENSITIVE__Stuart_Blan_SoS_Decision___P.pdf:For the reasons set out above in respect of Allegation 1, the panel found that a sexual ./_OFFICIAL_SENSITIVE__Stuart_Blan_SoS_Decision___P.pdf-relationship had developed between Mr Blan and Pupil E prior to him leaving ./_OFFICIAL_SENSITIVE__Stuart_Blan_SoS_Decision___P.pdf-employment at the School. The panel noted that on both the accounts of Pupil E and Mr ./_OFFICIAL_SENSITIVE__Stuart_Blan_SoS_Decision___P.pdf:Blan, a sexual relationship did form between them and lasted until summer 2005. ./_OFFICIAL_SENSITIVE__Stuart_Blan_SoS_Decision___P.pdf- ./_OFFICIAL_SENSITIVE__Stuart_Blan_SoS_Decision___P.pdf:The panel considered the definition of sexual motivation as set out in Section 8 of the ./_OFFICIAL_SENSITIVE__Stuart_Blan_SoS_Decision___P.pdf-Sexual Offences Act 2003, namely ./_OFFICIAL_SENSITIVE__Stuart_Blan_SoS_Decision___P.pdf- ./_OFFICIAL_SENSITIVE__Stuart_Blan_SoS_Decision___P.pdf: • "A sexual motivation means that the conduct was done either: ./_OFFICIAL_SENSITIVE__Stuart_Blan_SoS_Decision___P.pdf- ./_OFFICIAL_SENSITIVE__Stuart_Blan_SoS_Decision___P.pdf: • in pursuit of sexual gratification or ./_OFFICIAL_SENSITIVE__Stuart_Blan_SoS_Decision___P.pdf- ./_OFFICIAL_SENSITIVE__Stuart_Blan_SoS_Decision___P.pdf: • In pursuit of a sexual relationship" ./_OFFICIAL_SENSITIVE__Stuart_Blan_SoS_Decision___P.pdf- ./_OFFICIAL_SENSITIVE__Stuart_Blan_SoS_Decision___P.pdf:The panel found that Mr Blan's conduct as proven at allegation 1 was sexually motivated ./_OFFICIAL_SENSITIVE__Stuart_Blan_SoS_Decision___P.pdf:in that it was in pursuit of a sexual relationship. ./_OFFICIAL_SENSITIVE__Stuart_Blan_SoS_Decision___P.pdf- ./_OFFICIAL_SENSITIVE__Stuart_Blan_SoS_Decision___P.pdf-The panel assessed the weight and reliability of the evidence, and on the balance of ./_OFFICIAL_SENSITIVE__Stuart_Blan_SoS_Decision___P.pdf-probabilities, it found this allegation proved. ./_OFFICIAL_SENSITIVE__Stuart_Blan_SoS_Decision___P.pdf- ./_OFFICIAL_SENSITIVE__Stuart_Blan_SoS_Decision___P.pdf- 5. Your conduct as may be found proven in relation to Allegation 3 lacked ./_OFFICIAL_SENSITIVE__Stuart_Blan_SoS_Decision___P.pdf- integrity. ./_OFFICIAL_SENSITIVE__Stuart_Blan_SoS_Decision___P.pdf- ./_OFFICIAL_SENSITIVE__Stuart_Blan_SoS_Decision___P.pdf-This allegation was admitted by Mr Blan and was supported by the evidence available to ./_OFFICIAL_SENSITIVE__Stuart_Blan_SoS_Decision___P.pdf-the panel. It was therefore found proved. ./_OFFICIAL_SENSITIVE__Stuart_Blan_SoS_Decision___P.pdf- -- ./_OFFICIAL_SENSITIVE__Stuart_Blan_SoS_Decision___P.pdf- professional position ./_OFFICIAL_SENSITIVE__Stuart_Blan_SoS_Decision___P.pdf- ./_OFFICIAL_SENSITIVE__Stuart_Blan_SoS_Decision___P.pdf- o having regard for the need to safeguard pupils’ well-being, in accordance ./_OFFICIAL_SENSITIVE__Stuart_Blan_SoS_Decision___P.pdf- with statutory provisions ./_OFFICIAL_SENSITIVE__Stuart_Blan_SoS_Decision___P.pdf- ./_OFFICIAL_SENSITIVE__Stuart_Blan_SoS_Decision___P.pdf-  Teachers must have an understanding of, and always act within, the statutory ./_OFFICIAL_SENSITIVE__Stuart_Blan_SoS_Decision___P.pdf- frameworks which set out their professional duties and responsibilities. ./_OFFICIAL_SENSITIVE__Stuart_Blan_SoS_Decision___P.pdf- ./_OFFICIAL_SENSITIVE__Stuart_Blan_SoS_Decision___P.pdf-The panel was satisfied that the conduct of Mr Blan amounted to misconduct of a serious ./_OFFICIAL_SENSITIVE__Stuart_Blan_SoS_Decision___P.pdf-nature which fell significantly short of the standards expected of the profession. Mr Blan ./_OFFICIAL_SENSITIVE__Stuart_Blan_SoS_Decision___P.pdf:had breached boundaries by engaging in a sexual relationship with a pupil, failed to treat ./_OFFICIAL_SENSITIVE__Stuart_Blan_SoS_Decision___P.pdf-pupils with dignity by using intimidatory behaviour and language, and been found to be ./_OFFICIAL_SENSITIVE__Stuart_Blan_SoS_Decision___P.pdf-lacking integrity in that he failed to disclose his full employment history. ./_OFFICIAL_SENSITIVE__Stuart_Blan_SoS_Decision___P.pdf- ./_OFFICIAL_SENSITIVE__Stuart_Blan_SoS_Decision___P.pdf-The panel also considered whether Mr Blan's conduct displayed behaviours associated ./_OFFICIAL_SENSITIVE__Stuart_Blan_SoS_Decision___P.pdf-with any of the offences listed on pages 12 and 13 of the Advice. The panel found that ./_OFFICIAL_SENSITIVE__Stuart_Blan_SoS_Decision___P.pdf:the offence of sexual activity and sexual communication with a child was relevant. The ./_OFFICIAL_SENSITIVE__Stuart_Blan_SoS_Decision___P.pdf-Advice indicates that where behaviours associated with such an offence exist, a panel is ./_OFFICIAL_SENSITIVE__Stuart_Blan_SoS_Decision___P.pdf-likely to conclude that an individual’s conduct would amount to unacceptable professional ./_OFFICIAL_SENSITIVE__Stuart_Blan_SoS_Decision___P.pdf-conduct. ./_OFFICIAL_SENSITIVE__Stuart_Blan_SoS_Decision___P.pdf- ./_OFFICIAL_SENSITIVE__Stuart_Blan_SoS_Decision___P.pdf-Accordingly, the panel was satisfied that Mr Blan was guilty of unacceptable professional ./_OFFICIAL_SENSITIVE__Stuart_Blan_SoS_Decision___P.pdf-conduct. ./_OFFICIAL_SENSITIVE__Stuart_Blan_SoS_Decision___P.pdf- ./_OFFICIAL_SENSITIVE__Stuart_Blan_SoS_Decision___P.pdf-The panel took into account the way the teaching profession is viewed by others and ./_OFFICIAL_SENSITIVE__Stuart_Blan_SoS_Decision___P.pdf-considered the influence that teachers may have on pupils, parents and others in the ./_OFFICIAL_SENSITIVE__Stuart_Blan_SoS_Decision___P.pdf-community. The panel also took account of the uniquely influential role that teachers can -- ./_OFFICIAL_SENSITIVE__Stuart_Blan_SoS_Decision___P.pdf-orders should not be given in order to be punitive, or to show that blame has been ./_OFFICIAL_SENSITIVE__Stuart_Blan_SoS_Decision___P.pdf-apportioned, although they are likely to have punitive effect. ./_OFFICIAL_SENSITIVE__Stuart_Blan_SoS_Decision___P.pdf- ./_OFFICIAL_SENSITIVE__Stuart_Blan_SoS_Decision___P.pdf-The panel had regard to the particular public interest considerations set out in the Advice ./_OFFICIAL_SENSITIVE__Stuart_Blan_SoS_Decision___P.pdf-and having done so, found a number of them to be relevant in this case, namely, ./_OFFICIAL_SENSITIVE__Stuart_Blan_SoS_Decision___P.pdf-protection of pupils, the protection of other members of the public, the maintenance of ./_OFFICIAL_SENSITIVE__Stuart_Blan_SoS_Decision___P.pdf-public confidence in the profession, declaring and upholding proper standards of conduct. ./_OFFICIAL_SENSITIVE__Stuart_Blan_SoS_Decision___P.pdf- ./_OFFICIAL_SENSITIVE__Stuart_Blan_SoS_Decision___P.pdf-In light of the panel’s findings against Mr Blan there was a strong public interest ./_OFFICIAL_SENSITIVE__Stuart_Blan_SoS_Decision___P.pdf-consideration in respect of the protection of pupils, given the serious findings of an ./_OFFICIAL_SENSITIVE__Stuart_Blan_SoS_Decision___P.pdf:inappropriate sexual relationship with a pupil and the failure to treat pupils with dignity by ./_OFFICIAL_SENSITIVE__Stuart_Blan_SoS_Decision___P.pdf-using intimidatory behaviour and language. ./_OFFICIAL_SENSITIVE__Stuart_Blan_SoS_Decision___P.pdf- ./_OFFICIAL_SENSITIVE__Stuart_Blan_SoS_Decision___P.pdf-Similarly, the panel considered that public confidence in the profession could be seriously ./_OFFICIAL_SENSITIVE__Stuart_Blan_SoS_Decision___P.pdf-weakened if conduct such as that found against Mr Blan were not treated with the utmost ./_OFFICIAL_SENSITIVE__Stuart_Blan_SoS_Decision___P.pdf-seriousness when regulating the conduct of the profession. ./_OFFICIAL_SENSITIVE__Stuart_Blan_SoS_Decision___P.pdf- ./_OFFICIAL_SENSITIVE__Stuart_Blan_SoS_Decision___P.pdf-The panel was of the view that a strong public interest consideration in declaring proper ./_OFFICIAL_SENSITIVE__Stuart_Blan_SoS_Decision___P.pdf-standards of conduct in the profession was also present as the conduct found against Mr ./_OFFICIAL_SENSITIVE__Stuart_Blan_SoS_Decision___P.pdf-Blan was outside that which could reasonably be tolerated. ./_OFFICIAL_SENSITIVE__Stuart_Blan_SoS_Decision___P.pdf- -- ./_OFFICIAL_SENSITIVE__Stuart_Blan_SoS_Decision___P.pdf- ./_OFFICIAL_SENSITIVE__Stuart_Blan_SoS_Decision___P.pdf-  serious departure from the personal and professional conduct elements of the ./_OFFICIAL_SENSITIVE__Stuart_Blan_SoS_Decision___P.pdf- Teachers’ Standards; ./_OFFICIAL_SENSITIVE__Stuart_Blan_SoS_Decision___P.pdf- ./_OFFICIAL_SENSITIVE__Stuart_Blan_SoS_Decision___P.pdf-  misconduct seriously affecting the education and/or safeguarding and well-being ./_OFFICIAL_SENSITIVE__Stuart_Blan_SoS_Decision___P.pdf- of pupils, and particularly where there is a continuing risk; ./_OFFICIAL_SENSITIVE__Stuart_Blan_SoS_Decision___P.pdf- ./_OFFICIAL_SENSITIVE__Stuart_Blan_SoS_Decision___P.pdf-  abuse of position or trust (particularly involving vulnerable pupils); ./_OFFICIAL_SENSITIVE__Stuart_Blan_SoS_Decision___P.pdf- ./_OFFICIAL_SENSITIVE__Stuart_Blan_SoS_Decision___P.pdf-  an abuse of any trust, knowledge, or influence gained through their professional ./_OFFICIAL_SENSITIVE__Stuart_Blan_SoS_Decision___P.pdf: position in order to advance a romantic or sexual relationship with a pupil or former ./_OFFICIAL_SENSITIVE__Stuart_Blan_SoS_Decision___P.pdf- pupil; ./_OFFICIAL_SENSITIVE__Stuart_Blan_SoS_Decision___P.pdf- ./_OFFICIAL_SENSITIVE__Stuart_Blan_SoS_Decision___P.pdf:  sexual misconduct, e.g. involving actions that were sexually motivated or of a ./_OFFICIAL_SENSITIVE__Stuart_Blan_SoS_Decision___P.pdf: sexual nature and/or that use or exploit the trust, knowledge or influence derived ./_OFFICIAL_SENSITIVE__Stuart_Blan_SoS_Decision___P.pdf- from the individual’s professional position; ./_OFFICIAL_SENSITIVE__Stuart_Blan_SoS_Decision___P.pdf- ./_OFFICIAL_SENSITIVE__Stuart_Blan_SoS_Decision___P.pdf-  failure to act on evidence that indicated a child's welfare may have been at risk ./_OFFICIAL_SENSITIVE__Stuart_Blan_SoS_Decision___P.pdf- e.g. failed to notify the designated safeguarding lead and/or make a referral to ./_OFFICIAL_SENSITIVE__Stuart_Blan_SoS_Decision___P.pdf- children's social care, the police or other relevant agencies when abuse, neglect ./_OFFICIAL_SENSITIVE__Stuart_Blan_SoS_Decision___P.pdf- and/or harmful cultural practices were identified; ./_OFFICIAL_SENSITIVE__Stuart_Blan_SoS_Decision___P.pdf- ./_OFFICIAL_SENSITIVE__Stuart_Blan_SoS_Decision___P.pdf-  failure in their duty of care towards a child, including exposing a child to a risk or ./_OFFICIAL_SENSITIVE__Stuart_Blan_SoS_Decision___P.pdf- failing to promote the safety and welfare of the children (as set out in Part 1 of ./_OFFICIAL_SENSITIVE__Stuart_Blan_SoS_Decision___P.pdf- KCSIE); -- ./_OFFICIAL_SENSITIVE__Stuart_Blan_SoS_Decision___P.pdf-made by the panel would be sufficient. ./_OFFICIAL_SENSITIVE__Stuart_Blan_SoS_Decision___P.pdf- ./_OFFICIAL_SENSITIVE__Stuart_Blan_SoS_Decision___P.pdf-The panel was of the view that, applying the standard of the ordinary intelligent citizen, it ./_OFFICIAL_SENSITIVE__Stuart_Blan_SoS_Decision___P.pdf-would not be a proportionate and appropriate response to recommend no prohibition ./_OFFICIAL_SENSITIVE__Stuart_Blan_SoS_Decision___P.pdf-order. Recommending that the publication of adverse findings would be sufficient would ./_OFFICIAL_SENSITIVE__Stuart_Blan_SoS_Decision___P.pdf-unacceptably compromise the public interest considerations present in this case, despite ./_OFFICIAL_SENSITIVE__Stuart_Blan_SoS_Decision___P.pdf-the severity of the consequences for Mr Blan of prohibition. ./_OFFICIAL_SENSITIVE__Stuart_Blan_SoS_Decision___P.pdf- ./_OFFICIAL_SENSITIVE__Stuart_Blan_SoS_Decision___P.pdf-The panel was of the view that prohibition was both proportionate and appropriate. The ./_OFFICIAL_SENSITIVE__Stuart_Blan_SoS_Decision___P.pdf-panel decided that the public interest considerations outweighed the interests of Mr Blan. ./_OFFICIAL_SENSITIVE__Stuart_Blan_SoS_Decision___P.pdf:The seriousness of the findings against Mr Blan, which included an inappropriate sexual ./_OFFICIAL_SENSITIVE__Stuart_Blan_SoS_Decision___P.pdf-relationship with a pupil aged [redacted] was a significant factor in forming that opinion. ./_OFFICIAL_SENSITIVE__Stuart_Blan_SoS_Decision___P.pdf-Accordingly, the panel made a recommendation to the Secretary of State that a ./_OFFICIAL_SENSITIVE__Stuart_Blan_SoS_Decision___P.pdf-prohibition order should be imposed with immediate effect. ./_OFFICIAL_SENSITIVE__Stuart_Blan_SoS_Decision___P.pdf- ./_OFFICIAL_SENSITIVE__Stuart_Blan_SoS_Decision___P.pdf-The panel went on to consider whether or not it would be appropriate for it to decide to ./_OFFICIAL_SENSITIVE__Stuart_Blan_SoS_Decision___P.pdf-recommend a review period of the order. The panel was mindful that the Advice states ./_OFFICIAL_SENSITIVE__Stuart_Blan_SoS_Decision___P.pdf-that a prohibition order applies for life, but there may be circumstances, in any given ./_OFFICIAL_SENSITIVE__Stuart_Blan_SoS_Decision___P.pdf-case, that may make it appropriate to allow a teacher to apply to have the prohibition ./_OFFICIAL_SENSITIVE__Stuart_Blan_SoS_Decision___P.pdf-order reviewed after a specified period of time that may not be less than 2 years. ./_OFFICIAL_SENSITIVE__Stuart_Blan_SoS_Decision___P.pdf- ./_OFFICIAL_SENSITIVE__Stuart_Blan_SoS_Decision___P.pdf-The Advice indicates that there are behaviours that, if proved, would militate against the ./_OFFICIAL_SENSITIVE__Stuart_Blan_SoS_Decision___P.pdf:recommendation of a review period. These behaviours include serious sexual ./_OFFICIAL_SENSITIVE__Stuart_Blan_SoS_Decision___P.pdf:misconduct, such as where the act was sexually motivated and resulted in, or had the ./_OFFICIAL_SENSITIVE__Stuart_Blan_SoS_Decision___P.pdf-potential to result in, harm to a person or persons, particularly where the individual has ./_OFFICIAL_SENSITIVE__Stuart_Blan_SoS_Decision___P.pdf:used his professional position to influence or exploit a person or persons and any sexual ./_OFFICIAL_SENSITIVE__Stuart_Blan_SoS_Decision___P.pdf-misconduct involving a child. ./_OFFICIAL_SENSITIVE__Stuart_Blan_SoS_Decision___P.pdf- ./_OFFICIAL_SENSITIVE__Stuart_Blan_SoS_Decision___P.pdf- ./_OFFICIAL_SENSITIVE__Stuart_Blan_SoS_Decision___P.pdf- ./_OFFICIAL_SENSITIVE__Stuart_Blan_SoS_Decision___P.pdf- 13 ./_OFFICIAL_SENSITIVE__Stuart_Blan_SoS_Decision___P.pdf- -- ./_OFFICIAL_SENSITIVE__Stuart_Blan_SoS_Decision___P.pdf-The panel found that Mr Blan was responsible for breaching boundaries by having a ./_OFFICIAL_SENSITIVE__Stuart_Blan_SoS_Decision___P.pdf:sexual relationship with a pupil. Whilst Mr Blan had made an expression of remorse, the ./_OFFICIAL_SENSITIVE__Stuart_Blan_SoS_Decision___P.pdf-panel did not find that he had genuine understanding and remorse for his actions. In his ./_OFFICIAL_SENSITIVE__Stuart_Blan_SoS_Decision___P.pdf:statement, Mr Blan had not accepted that he had a sexual relationship with a pupil whilst ./_OFFICIAL_SENSITIVE__Stuart_Blan_SoS_Decision___P.pdf-still teaching. The panel acknowledged Mr Blan's evidence that at the time he had been ./_OFFICIAL_SENSITIVE__Stuart_Blan_SoS_Decision___P.pdf-in an [redacted], but the panel considered that this did not justify engaging in a ./_OFFICIAL_SENSITIVE__Stuart_Blan_SoS_Decision___P.pdf-relationship with a pupil. The panel was not reassured that other pupils would not be at ./_OFFICIAL_SENSITIVE__Stuart_Blan_SoS_Decision___P.pdf-risk of harm if Mr Blan was allowed to continue to teach. ./_OFFICIAL_SENSITIVE__Stuart_Blan_SoS_Decision___P.pdf- ./_OFFICIAL_SENSITIVE__Stuart_Blan_SoS_Decision___P.pdf-The panel decided that the findings indicated a situation in which a review period would ./_OFFICIAL_SENSITIVE__Stuart_Blan_SoS_Decision___P.pdf-not be appropriate and, as such, decided that it would be proportionate, in all the ./_OFFICIAL_SENSITIVE__Stuart_Blan_SoS_Decision___P.pdf-circumstances, for the prohibition order to be recommended without provisions for a ./_OFFICIAL_SENSITIVE__Stuart_Blan_SoS_Decision___P.pdf-review period. ./_OFFICIAL_SENSITIVE__Stuart_Blan_SoS_Decision___P.pdf- -- ./_OFFICIAL_SENSITIVE__Stuart_Blan_SoS_Decision___P.pdf-The panel was also, “satisfied that the conduct of Mr Blan amounted to misconduct of a ./_OFFICIAL_SENSITIVE__Stuart_Blan_SoS_Decision___P.pdf-serious nature which fell significantly short of the standards expected of the profession.” ./_OFFICIAL_SENSITIVE__Stuart_Blan_SoS_Decision___P.pdf- ./_OFFICIAL_SENSITIVE__Stuart_Blan_SoS_Decision___P.pdf-The findings of misconduct are particularly serious as they include a finding of both ./_OFFICIAL_SENSITIVE__Stuart_Blan_SoS_Decision___P.pdf:sexually motivated behaviour and lack of integrity. ./_OFFICIAL_SENSITIVE__Stuart_Blan_SoS_Decision___P.pdf- ./_OFFICIAL_SENSITIVE__Stuart_Blan_SoS_Decision___P.pdf-I have to determine whether the imposition of a prohibition order is proportionate and in ./_OFFICIAL_SENSITIVE__Stuart_Blan_SoS_Decision___P.pdf-the public interest. In considering that for this case, I have considered the overall aim of a ./_OFFICIAL_SENSITIVE__Stuart_Blan_SoS_Decision___P.pdf-prohibition order which is to protect pupils and to maintain public confidence in the ./_OFFICIAL_SENSITIVE__Stuart_Blan_SoS_Decision___P.pdf-profession. I have considered the extent to which a prohibition order in this case would ./_OFFICIAL_SENSITIVE__Stuart_Blan_SoS_Decision___P.pdf-achieve that aim taking into account the impact that it will have on the individual teacher. ./_OFFICIAL_SENSITIVE__Stuart_Blan_SoS_Decision___P.pdf-I have also asked myself, whether a less intrusive measure, such as the published ./_OFFICIAL_SENSITIVE__Stuart_Blan_SoS_Decision___P.pdf-finding of unacceptable professional conduct and conduct that may bring the profession ./_OFFICIAL_SENSITIVE__Stuart_Blan_SoS_Decision___P.pdf-into disrepute, would itself be sufficient to achieve the overall aim. I have to consider ./_OFFICIAL_SENSITIVE__Stuart_Blan_SoS_Decision___P.pdf-whether the consequences of such a publication are themselves sufficient. I have ./_OFFICIAL_SENSITIVE__Stuart_Blan_SoS_Decision___P.pdf-considered therefore whether or not prohibiting Mr Blan, and the impact that will have on ./_OFFICIAL_SENSITIVE__Stuart_Blan_SoS_Decision___P.pdf-the teacher, is proportionate and in the public interest. ./_OFFICIAL_SENSITIVE__Stuart_Blan_SoS_Decision___P.pdf- ./_OFFICIAL_SENSITIVE__Stuart_Blan_SoS_Decision___P.pdf-In this case, I have considered the extent to which a prohibition order would protect ./_OFFICIAL_SENSITIVE__Stuart_Blan_SoS_Decision___P.pdf-children and safeguard pupils. The panel has observed, “The panel found that the ./_OFFICIAL_SENSITIVE__Stuart_Blan_SoS_Decision___P.pdf:offence of sexual activity and sexual communication with a child was relevant.” A ./_OFFICIAL_SENSITIVE__Stuart_Blan_SoS_Decision___P.pdf-prohibition order would therefore prevent such a risk from being present in the future. ./_OFFICIAL_SENSITIVE__Stuart_Blan_SoS_Decision___P.pdf- ./_OFFICIAL_SENSITIVE__Stuart_Blan_SoS_Decision___P.pdf-I have also taken into account the panel’s comments on insight and remorse, which the ./_OFFICIAL_SENSITIVE__Stuart_Blan_SoS_Decision___P.pdf-panel sets out as follows, “Whilst Mr Blan had made an expression of remorse, the panel ./_OFFICIAL_SENSITIVE__Stuart_Blan_SoS_Decision___P.pdf-did not find that he had genuine understanding and remorse for his actions. In his ./_OFFICIAL_SENSITIVE__Stuart_Blan_SoS_Decision___P.pdf:statement, Mr Blan had not accepted that he had a sexual relationship with a pupil whilst ./_OFFICIAL_SENSITIVE__Stuart_Blan_SoS_Decision___P.pdf-still teaching.” In my judgement, the lack of full insight or remorse means that there is ./_OFFICIAL_SENSITIVE__Stuart_Blan_SoS_Decision___P.pdf-some risk of the repetition of this behaviour and this puts at risk the future wellbeing of ./_OFFICIAL_SENSITIVE__Stuart_Blan_SoS_Decision___P.pdf-pupils. I have therefore given this element considerable weight in reaching my decision. ./_OFFICIAL_SENSITIVE__Stuart_Blan_SoS_Decision___P.pdf- ./_OFFICIAL_SENSITIVE__Stuart_Blan_SoS_Decision___P.pdf-I have gone on to consider the extent to which a prohibition order would maintain public ./_OFFICIAL_SENSITIVE__Stuart_Blan_SoS_Decision___P.pdf-confidence in the profession. The panel observe, “The panel took into account the way ./_OFFICIAL_SENSITIVE__Stuart_Blan_SoS_Decision___P.pdf-the teaching profession is viewed by others and considered the influence that teachers ./_OFFICIAL_SENSITIVE__Stuart_Blan_SoS_Decision___P.pdf-may have on pupils, parents and others in the community. The panel also took account of ./_OFFICIAL_SENSITIVE__Stuart_Blan_SoS_Decision___P.pdf-the uniquely influential role that teachers can hold in pupils’ lives and the fact that pupils ./_OFFICIAL_SENSITIVE__Stuart_Blan_SoS_Decision___P.pdf-must be able to view teachers as role models in the way that they behave.” ./_OFFICIAL_SENSITIVE__Stuart_Blan_SoS_Decision___P.pdf- ./_OFFICIAL_SENSITIVE__Stuart_Blan_SoS_Decision___P.pdf:I am particularly mindful of the finding of sexually motivated misconduct and lack of ./_OFFICIAL_SENSITIVE__Stuart_Blan_SoS_Decision___P.pdf-integrity in this case and the impact that such a finding has on the reputation of the ./_OFFICIAL_SENSITIVE__Stuart_Blan_SoS_Decision___P.pdf-profession. ./_OFFICIAL_SENSITIVE__Stuart_Blan_SoS_Decision___P.pdf- ./_OFFICIAL_SENSITIVE__Stuart_Blan_SoS_Decision___P.pdf-I have had to consider that the public has a high expectation of professional standards of ./_OFFICIAL_SENSITIVE__Stuart_Blan_SoS_Decision___P.pdf-all teachers and that the public might regard a failure to impose a prohibition order as a ./_OFFICIAL_SENSITIVE__Stuart_Blan_SoS_Decision___P.pdf- ./_OFFICIAL_SENSITIVE__Stuart_Blan_SoS_Decision___P.pdf- ./_OFFICIAL_SENSITIVE__Stuart_Blan_SoS_Decision___P.pdf- 15 ./_OFFICIAL_SENSITIVE__Stuart_Blan_SoS_Decision___P.pdf- -- ./_OFFICIAL_SENSITIVE__Stuart_Blan_SoS_Decision___P.pdf-I have also considered the impact of a prohibition order on Mr Blan himself. The panel ./_OFFICIAL_SENSITIVE__Stuart_Blan_SoS_Decision___P.pdf-comment “The panel determined that that there was no evidence that Mr Blan had ./_OFFICIAL_SENSITIVE__Stuart_Blan_SoS_Decision___P.pdf-demonstrated exceptionally high standards in his personal or professional conduct that ./_OFFICIAL_SENSITIVE__Stuart_Blan_SoS_Decision___P.pdf-contributed significantly to the education sector.” ./_OFFICIAL_SENSITIVE__Stuart_Blan_SoS_Decision___P.pdf- ./_OFFICIAL_SENSITIVE__Stuart_Blan_SoS_Decision___P.pdf-A prohibition order would prevent Mr Blan from teaching and would also clearly deprive ./_OFFICIAL_SENSITIVE__Stuart_Blan_SoS_Decision___P.pdf-the public of his contribution to the profession for the period that it is in force. ./_OFFICIAL_SENSITIVE__Stuart_Blan_SoS_Decision___P.pdf- ./_OFFICIAL_SENSITIVE__Stuart_Blan_SoS_Decision___P.pdf-In this case, I have placed considerable weight on the panel’s comments concerning the ./_OFFICIAL_SENSITIVE__Stuart_Blan_SoS_Decision___P.pdf-lack of insight or remorse. The panel has also said, “The seriousness of the findings ./_OFFICIAL_SENSITIVE__Stuart_Blan_SoS_Decision___P.pdf:against Mr Blan, which included an inappropriate sexual relationship with a pupil aged ./_OFFICIAL_SENSITIVE__Stuart_Blan_SoS_Decision___P.pdf-[redacted] was a significant factor in forming that opinion.” ./_OFFICIAL_SENSITIVE__Stuart_Blan_SoS_Decision___P.pdf- ./_OFFICIAL_SENSITIVE__Stuart_Blan_SoS_Decision___P.pdf-I have given less weight in my consideration of sanction therefore, to the contribution that ./_OFFICIAL_SENSITIVE__Stuart_Blan_SoS_Decision___P.pdf-Mr Blan has made to the profession. In my view, it is necessary to impose a prohibition ./_OFFICIAL_SENSITIVE__Stuart_Blan_SoS_Decision___P.pdf-order in order to maintain public confidence in the profession. A published decision, in ./_OFFICIAL_SENSITIVE__Stuart_Blan_SoS_Decision___P.pdf-light of the circumstances in this case, that is not backed up by full remorse or insight, ./_OFFICIAL_SENSITIVE__Stuart_Blan_SoS_Decision___P.pdf-does not in my view satisfy the public interest requirement concerning public confidence ./_OFFICIAL_SENSITIVE__Stuart_Blan_SoS_Decision___P.pdf-in the profession. ./_OFFICIAL_SENSITIVE__Stuart_Blan_SoS_Decision___P.pdf- ./_OFFICIAL_SENSITIVE__Stuart_Blan_SoS_Decision___P.pdf-For these reasons, I have concluded that a prohibition order is proportionate and in the ./_OFFICIAL_SENSITIVE__Stuart_Blan_SoS_Decision___P.pdf-public interest in order to achieve the intended aims of a prohibition order. ./_OFFICIAL_SENSITIVE__Stuart_Blan_SoS_Decision___P.pdf- ./_OFFICIAL_SENSITIVE__Stuart_Blan_SoS_Decision___P.pdf-I have gone on to consider the matter of a review period. In this case, the panel has ./_OFFICIAL_SENSITIVE__Stuart_Blan_SoS_Decision___P.pdf-recommended that no provision should be made for a review period. ./_OFFICIAL_SENSITIVE__Stuart_Blan_SoS_Decision___P.pdf- ./_OFFICIAL_SENSITIVE__Stuart_Blan_SoS_Decision___P.pdf-I have considered the panel’s comments “In his statement, Mr Blan had not accepted that ./_OFFICIAL_SENSITIVE__Stuart_Blan_SoS_Decision___P.pdf:he had a sexual relationship with a pupil whilst still teaching. The panel acknowledged Mr ./_OFFICIAL_SENSITIVE__Stuart_Blan_SoS_Decision___P.pdf-Blan's evidence that at the time he had been in an [redacted] but the panel considered ./_OFFICIAL_SENSITIVE__Stuart_Blan_SoS_Decision___P.pdf-that this did not justify engaging in a relationship with a pupil. The panel was not ./_OFFICIAL_SENSITIVE__Stuart_Blan_SoS_Decision___P.pdf-reassured that other pupils would not be at risk of harm if Mr Blan was allowed to ./_OFFICIAL_SENSITIVE__Stuart_Blan_SoS_Decision___P.pdf-continue to teach.” ./_OFFICIAL_SENSITIVE__Stuart_Blan_SoS_Decision___P.pdf- ./_OFFICIAL_SENSITIVE__Stuart_Blan_SoS_Decision___P.pdf- ./_OFFICIAL_SENSITIVE__Stuart_Blan_SoS_Decision___P.pdf- ./_OFFICIAL_SENSITIVE__Stuart_Blan_SoS_Decision___P.pdf- ./_OFFICIAL_SENSITIVE__Stuart_Blan_SoS_Decision___P.pdf- 16 ./_OFFICIAL_SENSITIVE__Stuart_Blan_SoS_Decision___P.pdf- -- ./_OFFICIAL_SENSITIVE__Stuart_Blan_SoS_Decision___P.pdf-I have considered whether not allowing a review period reflects the seriousness of the ./_OFFICIAL_SENSITIVE__Stuart_Blan_SoS_Decision___P.pdf-findings and is proportionate to achieve the aim of maintaining public confidence in the ./_OFFICIAL_SENSITIVE__Stuart_Blan_SoS_Decision___P.pdf-profession. In this case, the factors which mean that a no review period is necessary are ./_OFFICIAL_SENSITIVE__Stuart_Blan_SoS_Decision___P.pdf:the sexual misconduct, the lack of integrity and the lack of either full insight or remorse. ./_OFFICIAL_SENSITIVE__Stuart_Blan_SoS_Decision___P.pdf- ./_OFFICIAL_SENSITIVE__Stuart_Blan_SoS_Decision___P.pdf-I consider therefore that allowing for no review period is necessary to maintain public ./_OFFICIAL_SENSITIVE__Stuart_Blan_SoS_Decision___P.pdf-confidence and is proportionate and in the public interest. ./_OFFICIAL_SENSITIVE__Stuart_Blan_SoS_Decision___P.pdf- ./_OFFICIAL_SENSITIVE__Stuart_Blan_SoS_Decision___P.pdf-This means that Mr Stuart Blan is prohibited from teaching indefinitely and cannot ./_OFFICIAL_SENSITIVE__Stuart_Blan_SoS_Decision___P.pdf-teach in any school, sixth form college, relevant youth accommodation or ./_OFFICIAL_SENSITIVE__Stuart_Blan_SoS_Decision___P.pdf-children’s home in England. Furthermore, in view of the seriousness of the allegations ./_OFFICIAL_SENSITIVE__Stuart_Blan_SoS_Decision___P.pdf-found proved against him, I have decided that Mr Stuart Blan shall not be entitled to ./_OFFICIAL_SENSITIVE__Stuart_Blan_SoS_Decision___P.pdf-apply for restoration of his eligibility to teach. ./_OFFICIAL_SENSITIVE__Stuart_Blan_SoS_Decision___P.pdf- ./_OFFICIAL_SENSITIVE__Stus__David_Sos_Decision__REDACTED_.pdf-1. Took video footage of Child A whilst she was bending over which: ./_OFFICIAL_SENSITIVE__Stus__David_Sos_Decision__REDACTED_.pdf- ./_OFFICIAL_SENSITIVE__Stus__David_Sos_Decision__REDACTED_.pdf- a. Focused on her bottom; ./_OFFICIAL_SENSITIVE__Stus__David_Sos_Decision__REDACTED_.pdf- ./_OFFICIAL_SENSITIVE__Stus__David_Sos_Decision__REDACTED_.pdf- b. Was recorded without her knowledge and/or consent. ./_OFFICIAL_SENSITIVE__Stus__David_Sos_Decision__REDACTED_.pdf- ./_OFFICIAL_SENSITIVE__Stus__David_Sos_Decision__REDACTED_.pdf-2. Edited the video footage filmed at allegation 1 which repeatedly showed the same ./_OFFICIAL_SENSITIVE__Stus__David_Sos_Decision__REDACTED_.pdf- image of Child A’s bottom. ./_OFFICIAL_SENSITIVE__Stus__David_Sos_Decision__REDACTED_.pdf- ./_OFFICIAL_SENSITIVE__Stus__David_Sos_Decision__REDACTED_.pdf-3. His conduct as may be found proven at allegation 1a and/or 2 above was conduct ./_OFFICIAL_SENSITIVE__Stus__David_Sos_Decision__REDACTED_.pdf: of a sexual nature and/or sexually motivated. ./_OFFICIAL_SENSITIVE__Stus__David_Sos_Decision__REDACTED_.pdf- ./_OFFICIAL_SENSITIVE__Stus__David_Sos_Decision__REDACTED_.pdf-The allegations were made subject to a minor amendment by the TRA, at the invitation of ./_OFFICIAL_SENSITIVE__Stus__David_Sos_Decision__REDACTED_.pdf-the panel. The amendment merely corrected the grammatical construction of the ./_OFFICIAL_SENSITIVE__Stus__David_Sos_Decision__REDACTED_.pdf-allegations and did not change the case against Mr Stus. The amendment was not ./_OFFICIAL_SENSITIVE__Stus__David_Sos_Decision__REDACTED_.pdf-opposed by Mr Faux, the teacher's representative. ./_OFFICIAL_SENSITIVE__Stus__David_Sos_Decision__REDACTED_.pdf- ./_OFFICIAL_SENSITIVE__Stus__David_Sos_Decision__REDACTED_.pdf-Mr Stus accepted that he was responsible for filming the initial footage which included ./_OFFICIAL_SENSITIVE__Stus__David_Sos_Decision__REDACTED_.pdf-Child A. However, his position was that the footage was taken accidentally and that he ./_OFFICIAL_SENSITIVE__Stus__David_Sos_Decision__REDACTED_.pdf-did not focus on her bottom. He accepted any footage filmed of Child A would have been ./_OFFICIAL_SENSITIVE__Stus__David_Sos_Decision__REDACTED_.pdf-without her knowledge and consent. ./_OFFICIAL_SENSITIVE__Stus__David_Sos_Decision__REDACTED_.pdf- ./_OFFICIAL_SENSITIVE__Stus__David_Sos_Decision__REDACTED_.pdf:Mr Stus denied editing any of the footage. He also denied any sexual element in his ./_OFFICIAL_SENSITIVE__Stus__David_Sos_Decision__REDACTED_.pdf-actions and as the filming was accidental, his conduct did not amount to unacceptable ./_OFFICIAL_SENSITIVE__Stus__David_Sos_Decision__REDACTED_.pdf-professional conduct and/or conduct that may bring the profession into disrepute. ./_OFFICIAL_SENSITIVE__Stus__David_Sos_Decision__REDACTED_.pdf- ./_OFFICIAL_SENSITIVE__Stus__David_Sos_Decision__REDACTED_.pdf- ./_OFFICIAL_SENSITIVE__Stus__David_Sos_Decision__REDACTED_.pdf-Preliminary applications ./_OFFICIAL_SENSITIVE__Stus__David_Sos_Decision__REDACTED_.pdf-The panel considered an application by the TRA to admit a number of documents into the ./_OFFICIAL_SENSITIVE__Stus__David_Sos_Decision__REDACTED_.pdf-evidence which was opposed by Mr Faux, the teacher's representative. ./_OFFICIAL_SENSITIVE__Stus__David_Sos_Decision__REDACTED_.pdf- ./_OFFICIAL_SENSITIVE__Stus__David_Sos_Decision__REDACTED_.pdf-In accordance with paragraph 4.22 of the 2018 Disciplinary Procedures, the disputed ./_OFFICIAL_SENSITIVE__Stus__David_Sos_Decision__REDACTED_.pdf-evidence was provided to the parties and the panel's legal adviser. The panel was not -- ./_OFFICIAL_SENSITIVE__Stus__David_Sos_Decision__REDACTED_.pdf-The panel has not heard any clear evidence as to the provenance of the various video ./_OFFICIAL_SENSITIVE__Stus__David_Sos_Decision__REDACTED_.pdf-files, as they had been shared around various people, including Mr Stus's [REDACTED], ./_OFFICIAL_SENSITIVE__Stus__David_Sos_Decision__REDACTED_.pdf-his [REDACTED], Child A, Child A's [REDACTED] and the police. The panel also heard ./_OFFICIAL_SENSITIVE__Stus__David_Sos_Decision__REDACTED_.pdf:evidence from Witness 1 [REDACTED] that one video file she saw had a sexually ./_OFFICIAL_SENSITIVE__Stus__David_Sos_Decision__REDACTED_.pdf-suggestive audio backing. However, the panel could not identify any clip with this ./_OFFICIAL_SENSITIVE__Stus__David_Sos_Decision__REDACTED_.pdf:sexually suggestive audio. ./_OFFICIAL_SENSITIVE__Stus__David_Sos_Decision__REDACTED_.pdf- ./_OFFICIAL_SENSITIVE__Stus__David_Sos_Decision__REDACTED_.pdf-As such, the panel finds the TRA has failed to satisfy their burden of proof in showing ./_OFFICIAL_SENSITIVE__Stus__David_Sos_Decision__REDACTED_.pdf-that Mr Stus edited any video he took and find this allegation not proved. ./_OFFICIAL_SENSITIVE__Stus__David_Sos_Decision__REDACTED_.pdf- ./_OFFICIAL_SENSITIVE__Stus__David_Sos_Decision__REDACTED_.pdf-3. Your conduct as may be found proven at allegation 1a and/or 2 above was ./_OFFICIAL_SENSITIVE__Stus__David_Sos_Decision__REDACTED_.pdf: conduct of a sexual nature and/or sexually motivated. ./_OFFICIAL_SENSITIVE__Stus__David_Sos_Decision__REDACTED_.pdf- ./_OFFICIAL_SENSITIVE__Stus__David_Sos_Decision__REDACTED_.pdf-As the panel did not find allegation 2 proved, the panel only considered this allegation in ./_OFFICIAL_SENSITIVE__Stus__David_Sos_Decision__REDACTED_.pdf-respect of allegation 1. ./_OFFICIAL_SENSITIVE__Stus__David_Sos_Decision__REDACTED_.pdf- ./_OFFICIAL_SENSITIVE__Stus__David_Sos_Decision__REDACTED_.pdf-Finding allegation 1 proved, the panel considered the only natural explanation for covertly ./_OFFICIAL_SENSITIVE__Stus__David_Sos_Decision__REDACTED_.pdf:filming Child A from behind and focusing on her bottom would be for his own sexual ./_OFFICIAL_SENSITIVE__Stus__David_Sos_Decision__REDACTED_.pdf-gratification. As such, the panel is satisfied that it is more likely than not that Mr Stus's ./_OFFICIAL_SENSITIVE__Stus__David_Sos_Decision__REDACTED_.pdf:actions were sexually motivated. ./_OFFICIAL_SENSITIVE__Stus__David_Sos_Decision__REDACTED_.pdf- ./_OFFICIAL_SENSITIVE__Stus__David_Sos_Decision__REDACTED_.pdf-Considering the purpose and context of the filming, which was to deliberately obtain ./_OFFICIAL_SENSITIVE__Stus__David_Sos_Decision__REDACTED_.pdf:footage of Child A's bottom, the panel concluded that the filming was also of a sexual ./_OFFICIAL_SENSITIVE__Stus__David_Sos_Decision__REDACTED_.pdf-nature. ./_OFFICIAL_SENSITIVE__Stus__David_Sos_Decision__REDACTED_.pdf- ./_OFFICIAL_SENSITIVE__Stus__David_Sos_Decision__REDACTED_.pdf-Findings as to unacceptable professional conduct and conduct that ./_OFFICIAL_SENSITIVE__Stus__David_Sos_Decision__REDACTED_.pdf-may bring the profession into disrepute ./_OFFICIAL_SENSITIVE__Stus__David_Sos_Decision__REDACTED_.pdf- ./_OFFICIAL_SENSITIVE__Stus__David_Sos_Decision__REDACTED_.pdf-Having found a number of the allegations proved, the panel went on to consider whether ./_OFFICIAL_SENSITIVE__Stus__David_Sos_Decision__REDACTED_.pdf-the facts of those proved allegations amounted to unacceptable professional conduct ./_OFFICIAL_SENSITIVE__Stus__David_Sos_Decision__REDACTED_.pdf-and/or conduct that may bring the profession into disrepute. In doing so, the panel had ./_OFFICIAL_SENSITIVE__Stus__David_Sos_Decision__REDACTED_.pdf-regard to the document Teacher Misconduct: The Prohibition of Teachers, which is ./_OFFICIAL_SENSITIVE__Stus__David_Sos_Decision__REDACTED_.pdf-referred to as “the Advice”. -- ./_OFFICIAL_SENSITIVE__Stus__David_Sos_Decision__REDACTED_.pdf-The panel also considered whether Mr Stus's conduct displayed behaviours associated ./_OFFICIAL_SENSITIVE__Stus__David_Sos_Decision__REDACTED_.pdf-with any of the offences listed on pages 10 and 11 of the Advice, but found that none ./_OFFICIAL_SENSITIVE__Stus__David_Sos_Decision__REDACTED_.pdf-applied. ./_OFFICIAL_SENSITIVE__Stus__David_Sos_Decision__REDACTED_.pdf- ./_OFFICIAL_SENSITIVE__Stus__David_Sos_Decision__REDACTED_.pdf-The panel noted that the allegations took place outside the education setting, but ./_OFFICIAL_SENSITIVE__Stus__David_Sos_Decision__REDACTED_.pdf:considered that as Mr Stus's sexually motivated misconduct involved a child, it could ./_OFFICIAL_SENSITIVE__Stus__David_Sos_Decision__REDACTED_.pdf-affect the way he fulfilled his teaching role or may lead to pupils being exposed to, or ./_OFFICIAL_SENSITIVE__Stus__David_Sos_Decision__REDACTED_.pdf-influenced by his behaviour in a harmful way. ./_OFFICIAL_SENSITIVE__Stus__David_Sos_Decision__REDACTED_.pdf- ./_OFFICIAL_SENSITIVE__Stus__David_Sos_Decision__REDACTED_.pdf-Accordingly, the panel was satisfied that Mr Stus was guilty of unacceptable professional ./_OFFICIAL_SENSITIVE__Stus__David_Sos_Decision__REDACTED_.pdf-conduct. ./_OFFICIAL_SENSITIVE__Stus__David_Sos_Decision__REDACTED_.pdf- ./_OFFICIAL_SENSITIVE__Stus__David_Sos_Decision__REDACTED_.pdf-The panel took into account the way the teaching profession is viewed by others and ./_OFFICIAL_SENSITIVE__Stus__David_Sos_Decision__REDACTED_.pdf-considered the influence that teachers may have on pupils, parents and others in the ./_OFFICIAL_SENSITIVE__Stus__David_Sos_Decision__REDACTED_.pdf-community. The panel also took account of the uniquely influential role that teachers can ./_OFFICIAL_SENSITIVE__Stus__David_Sos_Decision__REDACTED_.pdf-hold in pupils’ lives and the fact that pupils must be able to view teachers as role models ./_OFFICIAL_SENSITIVE__Stus__David_Sos_Decision__REDACTED_.pdf-in the way that they behave. ./_OFFICIAL_SENSITIVE__Stus__David_Sos_Decision__REDACTED_.pdf- ./_OFFICIAL_SENSITIVE__Stus__David_Sos_Decision__REDACTED_.pdf:The findings of misconduct and their sexual nature are serious, and the conduct ./_OFFICIAL_SENSITIVE__Stus__David_Sos_Decision__REDACTED_.pdf-displayed would be likely to have a negative impact on the individual’s status as a ./_OFFICIAL_SENSITIVE__Stus__David_Sos_Decision__REDACTED_.pdf-teacher, potentially damaging the public perception of the profession. ./_OFFICIAL_SENSITIVE__Stus__David_Sos_Decision__REDACTED_.pdf- ./_OFFICIAL_SENSITIVE__Stus__David_Sos_Decision__REDACTED_.pdf-The panel therefore found that Mr Stus's actions constituted conduct that may bring the ./_OFFICIAL_SENSITIVE__Stus__David_Sos_Decision__REDACTED_.pdf-profession into disrepute. ./_OFFICIAL_SENSITIVE__Stus__David_Sos_Decision__REDACTED_.pdf- ./_OFFICIAL_SENSITIVE__Stus__David_Sos_Decision__REDACTED_.pdf- ./_OFFICIAL_SENSITIVE__Stus__David_Sos_Decision__REDACTED_.pdf-Panel’s recommendation to the Secretary of State ./_OFFICIAL_SENSITIVE__Stus__David_Sos_Decision__REDACTED_.pdf-Given the panel’s findings in respect of unacceptable professional conduct and conduct ./_OFFICIAL_SENSITIVE__Stus__David_Sos_Decision__REDACTED_.pdf-that may bring the profession into disrepute, it was necessary for the panel to go on to -- ./_OFFICIAL_SENSITIVE__Stus__David_Sos_Decision__REDACTED_.pdf- • Declaring and upholding proper standards of conduct. ./_OFFICIAL_SENSITIVE__Stus__David_Sos_Decision__REDACTED_.pdf- ./_OFFICIAL_SENSITIVE__Stus__David_Sos_Decision__REDACTED_.pdf-In the light of the panel’s findings against Mr Stus, there was a strong public interest ./_OFFICIAL_SENSITIVE__Stus__David_Sos_Decision__REDACTED_.pdf:consideration in protection of pupils, given the serious findings which involved sexually ./_OFFICIAL_SENSITIVE__Stus__David_Sos_Decision__REDACTED_.pdf-motivated misconduct involving a child. ./_OFFICIAL_SENSITIVE__Stus__David_Sos_Decision__REDACTED_.pdf- ./_OFFICIAL_SENSITIVE__Stus__David_Sos_Decision__REDACTED_.pdf-Similarly, the panel considered that public confidence in the profession could be seriously ./_OFFICIAL_SENSITIVE__Stus__David_Sos_Decision__REDACTED_.pdf-weakened if conduct such as that found against Mr Stus were not treated with the utmost ./_OFFICIAL_SENSITIVE__Stus__David_Sos_Decision__REDACTED_.pdf-seriousness when regulating the conduct of the profession. ./_OFFICIAL_SENSITIVE__Stus__David_Sos_Decision__REDACTED_.pdf- ./_OFFICIAL_SENSITIVE__Stus__David_Sos_Decision__REDACTED_.pdf-The panel was of the view that a strong public interest consideration in declaring proper ./_OFFICIAL_SENSITIVE__Stus__David_Sos_Decision__REDACTED_.pdf-standards of conduct in the profession was also present as the conduct found against Mr ./_OFFICIAL_SENSITIVE__Stus__David_Sos_Decision__REDACTED_.pdf-Stus was outside that which could reasonably be tolerated. ./_OFFICIAL_SENSITIVE__Stus__David_Sos_Decision__REDACTED_.pdf- -- ./_OFFICIAL_SENSITIVE__Stus__David_Sos_Decision__REDACTED_.pdf-of such behaviours, those that were relevant in this case were: ./_OFFICIAL_SENSITIVE__Stus__David_Sos_Decision__REDACTED_.pdf- ./_OFFICIAL_SENSITIVE__Stus__David_Sos_Decision__REDACTED_.pdf-  serious departure from the personal and professional conduct elements of the ./_OFFICIAL_SENSITIVE__Stus__David_Sos_Decision__REDACTED_.pdf- Teachers’ Standards; ./_OFFICIAL_SENSITIVE__Stus__David_Sos_Decision__REDACTED_.pdf- ./_OFFICIAL_SENSITIVE__Stus__David_Sos_Decision__REDACTED_.pdf-  misconduct seriously affecting the education and/or well-being of pupils. (The ./_OFFICIAL_SENSITIVE__Stus__David_Sos_Decision__REDACTED_.pdf- panel recognise that Child A was not a pupil of Mr Stus, but as she was a child ./_OFFICIAL_SENSITIVE__Stus__David_Sos_Decision__REDACTED_.pdf- within his sphere of influence, the panel considered this factor should still be taken ./_OFFICIAL_SENSITIVE__Stus__David_Sos_Decision__REDACTED_.pdf- in account.) ./_OFFICIAL_SENSITIVE__Stus__David_Sos_Decision__REDACTED_.pdf- ./_OFFICIAL_SENSITIVE__Stus__David_Sos_Decision__REDACTED_.pdf:  sexual misconduct, for example, involving actions that were sexually motivated or ./_OFFICIAL_SENSITIVE__Stus__David_Sos_Decision__REDACTED_.pdf: of a sexual nature and/or that use or exploit the trust, knowledge or influence ./_OFFICIAL_SENSITIVE__Stus__David_Sos_Decision__REDACTED_.pdf- derived from the individual’s professional position; ./_OFFICIAL_SENSITIVE__Stus__David_Sos_Decision__REDACTED_.pdf- ./_OFFICIAL_SENSITIVE__Stus__David_Sos_Decision__REDACTED_.pdf-Even though some of the behaviour found proved in this case indicated that a prohibition ./_OFFICIAL_SENSITIVE__Stus__David_Sos_Decision__REDACTED_.pdf-order would be appropriate, the panel went on to consider the mitigating factors. ./_OFFICIAL_SENSITIVE__Stus__David_Sos_Decision__REDACTED_.pdf-Mitigating factors may indicate that a prohibition order would not be appropriate or ./_OFFICIAL_SENSITIVE__Stus__David_Sos_Decision__REDACTED_.pdf-proportionate. ./_OFFICIAL_SENSITIVE__Stus__David_Sos_Decision__REDACTED_.pdf- ./_OFFICIAL_SENSITIVE__Stus__David_Sos_Decision__REDACTED_.pdf-There was no evidence to suggest that Mr Stus was acting under duress, and, in fact, the ./_OFFICIAL_SENSITIVE__Stus__David_Sos_Decision__REDACTED_.pdf:panel found Mr Stus's actions to be deliberate and sexually motivated. ./_OFFICIAL_SENSITIVE__Stus__David_Sos_Decision__REDACTED_.pdf- ./_OFFICIAL_SENSITIVE__Stus__David_Sos_Decision__REDACTED_.pdf- ./_OFFICIAL_SENSITIVE__Stus__David_Sos_Decision__REDACTED_.pdf- ./_OFFICIAL_SENSITIVE__Stus__David_Sos_Decision__REDACTED_.pdf- ./_OFFICIAL_SENSITIVE__Stus__David_Sos_Decision__REDACTED_.pdf- 11 ./_OFFICIAL_SENSITIVE__Stus__David_Sos_Decision__REDACTED_.pdf- -- ./_OFFICIAL_SENSITIVE__Stus__David_Sos_Decision__REDACTED_.pdf-opinion. Accordingly, the panel made a recommendation to the Secretary of State that a ./_OFFICIAL_SENSITIVE__Stus__David_Sos_Decision__REDACTED_.pdf-prohibition order should be imposed with immediate effect. ./_OFFICIAL_SENSITIVE__Stus__David_Sos_Decision__REDACTED_.pdf- ./_OFFICIAL_SENSITIVE__Stus__David_Sos_Decision__REDACTED_.pdf-The panel went on to consider whether or not it would be appropriate for it to decide to ./_OFFICIAL_SENSITIVE__Stus__David_Sos_Decision__REDACTED_.pdf-recommend a review period of the order. The panel was mindful that the Advice states ./_OFFICIAL_SENSITIVE__Stus__David_Sos_Decision__REDACTED_.pdf-that a prohibition order applies for life, but there may be circumstances, in any given ./_OFFICIAL_SENSITIVE__Stus__David_Sos_Decision__REDACTED_.pdf-case, that may make it appropriate to allow a teacher to apply to have the prohibition ./_OFFICIAL_SENSITIVE__Stus__David_Sos_Decision__REDACTED_.pdf-order reviewed after a specified period of time that may not be less than 2 years. ./_OFFICIAL_SENSITIVE__Stus__David_Sos_Decision__REDACTED_.pdf- ./_OFFICIAL_SENSITIVE__Stus__David_Sos_Decision__REDACTED_.pdf-The Advice indicates that there are behaviours that, if proved, would militate against the ./_OFFICIAL_SENSITIVE__Stus__David_Sos_Decision__REDACTED_.pdf:recommendation of a review period. These behaviours include serious sexual ./_OFFICIAL_SENSITIVE__Stus__David_Sos_Decision__REDACTED_.pdf-misconduct. ./_OFFICIAL_SENSITIVE__Stus__David_Sos_Decision__REDACTED_.pdf- ./_OFFICIAL_SENSITIVE__Stus__David_Sos_Decision__REDACTED_.pdf-The panel spent some time deliberating this issue. The panel did consider that Mr Stus's ./_OFFICIAL_SENSITIVE__Stus__David_Sos_Decision__REDACTED_.pdf:sexual misconduct could be placed at the lower end of the spectrum (of the types of ./_OFFICIAL_SENSITIVE__Stus__David_Sos_Decision__REDACTED_.pdf:sexual misconduct that are often subject to these proceedings). However, the panel ./_OFFICIAL_SENSITIVE__Stus__David_Sos_Decision__REDACTED_.pdf-noted this misconduct involved a 16 year old child, who was effectively his [REDACTED] ./_OFFICIAL_SENSITIVE__Stus__David_Sos_Decision__REDACTED_.pdf-and with whom he was trusted to be alone. This made the misconduct too serious to be ./_OFFICIAL_SENSITIVE__Stus__David_Sos_Decision__REDACTED_.pdf:characterised as anything other than serious sexual misconduct. ./_OFFICIAL_SENSITIVE__Stus__David_Sos_Decision__REDACTED_.pdf- ./_OFFICIAL_SENSITIVE__Stus__David_Sos_Decision__REDACTED_.pdf-The panel was also concerned that Mr Stus had not been able to demonstrate any ./_OFFICIAL_SENSITIVE__Stus__David_Sos_Decision__REDACTED_.pdf-remorse or insight into his behaviour. ./_OFFICIAL_SENSITIVE__Stus__David_Sos_Decision__REDACTED_.pdf- ./_OFFICIAL_SENSITIVE__Stus__David_Sos_Decision__REDACTED_.pdf- ./_OFFICIAL_SENSITIVE__Stus__David_Sos_Decision__REDACTED_.pdf- 12 ./_OFFICIAL_SENSITIVE__Stus__David_Sos_Decision__REDACTED_.pdf- -- ./_OFFICIAL_SENSITIVE__Stus__David_Sos_Decision__REDACTED_.pdf- • Teachers uphold public trust in the profession and maintain high standards of ./_OFFICIAL_SENSITIVE__Stus__David_Sos_Decision__REDACTED_.pdf- ethics and behaviour, within and outside school. ./_OFFICIAL_SENSITIVE__Stus__David_Sos_Decision__REDACTED_.pdf- ./_OFFICIAL_SENSITIVE__Stus__David_Sos_Decision__REDACTED_.pdf- • Teachers must have an understanding of, and always act within, the statutory ./_OFFICIAL_SENSITIVE__Stus__David_Sos_Decision__REDACTED_.pdf- frameworks which set out their professional duties and responsibilities. ./_OFFICIAL_SENSITIVE__Stus__David_Sos_Decision__REDACTED_.pdf- ./_OFFICIAL_SENSITIVE__Stus__David_Sos_Decision__REDACTED_.pdf-The panel finds that the conduct of Mr Stus fell significantly short of the standards ./_OFFICIAL_SENSITIVE__Stus__David_Sos_Decision__REDACTED_.pdf-expected of the profession. ./_OFFICIAL_SENSITIVE__Stus__David_Sos_Decision__REDACTED_.pdf- ./_OFFICIAL_SENSITIVE__Stus__David_Sos_Decision__REDACTED_.pdf-The findings of misconduct are particularly serious as “the panel is satisfied that it is more ./_OFFICIAL_SENSITIVE__Stus__David_Sos_Decision__REDACTED_.pdf:likely than not that Mr Stus's actions were sexually motivated.” ./_OFFICIAL_SENSITIVE__Stus__David_Sos_Decision__REDACTED_.pdf- ./_OFFICIAL_SENSITIVE__Stus__David_Sos_Decision__REDACTED_.pdf-I have to determine whether the imposition of a prohibition order is proportionate and in ./_OFFICIAL_SENSITIVE__Stus__David_Sos_Decision__REDACTED_.pdf-the public interest. In considering that for this case, I have considered the overall aim of a ./_OFFICIAL_SENSITIVE__Stus__David_Sos_Decision__REDACTED_.pdf-prohibition order which is to protect pupils and to maintain public confidence in the ./_OFFICIAL_SENSITIVE__Stus__David_Sos_Decision__REDACTED_.pdf-profession. I have considered the extent to which a prohibition order in this case would ./_OFFICIAL_SENSITIVE__Stus__David_Sos_Decision__REDACTED_.pdf-achieve that aim taking into account the impact that it will have on the individual teacher. ./_OFFICIAL_SENSITIVE__Stus__David_Sos_Decision__REDACTED_.pdf-I have also asked myself, whether a less intrusive measure, such as the published ./_OFFICIAL_SENSITIVE__Stus__David_Sos_Decision__REDACTED_.pdf-finding of unacceptable professional conduct and conduct that may bring the profession ./_OFFICIAL_SENSITIVE__Stus__David_Sos_Decision__REDACTED_.pdf-into disrepute, would itself be sufficient to achieve the overall aim. I have to consider ./_OFFICIAL_SENSITIVE__Stus__David_Sos_Decision__REDACTED_.pdf-whether the consequences of such a publication are themselves sufficient. I have -- ./_OFFICIAL_SENSITIVE__Stus__David_Sos_Decision__REDACTED_.pdf-considered therefore whether or not prohibiting Mr Stus, and the impact that will have on ./_OFFICIAL_SENSITIVE__Stus__David_Sos_Decision__REDACTED_.pdf-him, is proportionate and in the public interest. ./_OFFICIAL_SENSITIVE__Stus__David_Sos_Decision__REDACTED_.pdf- ./_OFFICIAL_SENSITIVE__Stus__David_Sos_Decision__REDACTED_.pdf-In this case, I have considered the extent to which a prohibition order would protect ./_OFFICIAL_SENSITIVE__Stus__David_Sos_Decision__REDACTED_.pdf:children. The panel, “considered that as Mr Stus's sexually motivated misconduct ./_OFFICIAL_SENSITIVE__Stus__David_Sos_Decision__REDACTED_.pdf-involved a child, it could affect the way he fulfilled his teaching role or may lead to pupils ./_OFFICIAL_SENSITIVE__Stus__David_Sos_Decision__REDACTED_.pdf-being exposed to, or influenced by his behaviour in a harmful way.” A prohibition order ./_OFFICIAL_SENSITIVE__Stus__David_Sos_Decision__REDACTED_.pdf-would therefore prevent such a risk from being present in the future. I have also taken ./_OFFICIAL_SENSITIVE__Stus__David_Sos_Decision__REDACTED_.pdf-into account the panel’s comments on insight and remorse, which the panel sets out as ./_OFFICIAL_SENSITIVE__Stus__David_Sos_Decision__REDACTED_.pdf-follows, “The panel was also concerned that Mr Stus had not been able to demonstrate ./_OFFICIAL_SENSITIVE__Stus__David_Sos_Decision__REDACTED_.pdf-any remorse or insight into his behaviour.” ./_OFFICIAL_SENSITIVE__Stus__David_Sos_Decision__REDACTED_.pdf- ./_OFFICIAL_SENSITIVE__Stus__David_Sos_Decision__REDACTED_.pdf-In my judgement, the lack of insight means that there is some risk of the repetition of this ./_OFFICIAL_SENSITIVE__Stus__David_Sos_Decision__REDACTED_.pdf-behaviour, and this puts at risk the future well-being of pupils. I have therefore given this ./_OFFICIAL_SENSITIVE__Stus__David_Sos_Decision__REDACTED_.pdf-element considerable weight in reaching my decision. ./_OFFICIAL_SENSITIVE__Stus__David_Sos_Decision__REDACTED_.pdf- ./_OFFICIAL_SENSITIVE__Stus__David_Sos_Decision__REDACTED_.pdf-I have gone on to consider the extent to which a prohibition order would maintain public ./_OFFICIAL_SENSITIVE__Stus__David_Sos_Decision__REDACTED_.pdf-confidence in the profession. The panel observe, “that public confidence in the profession ./_OFFICIAL_SENSITIVE__Stus__David_Sos_Decision__REDACTED_.pdf-could be seriously weakened if conduct such as that found against Mr Stus were not ./_OFFICIAL_SENSITIVE__Stus__David_Sos_Decision__REDACTED_.pdf-treated with the utmost seriousness when regulating the conduct of the profession.” I am ./_OFFICIAL_SENSITIVE__Stus__David_Sos_Decision__REDACTED_.pdf:particularly mindful of the finding that the conduct of Mr Stus was of a sexual nature and ./_OFFICIAL_SENSITIVE__Stus__David_Sos_Decision__REDACTED_.pdf:sexually motivated, and the impact that such a finding has on the reputation of the ./_OFFICIAL_SENSITIVE__Stus__David_Sos_Decision__REDACTED_.pdf-profession. ./_OFFICIAL_SENSITIVE__Stus__David_Sos_Decision__REDACTED_.pdf- ./_OFFICIAL_SENSITIVE__Stus__David_Sos_Decision__REDACTED_.pdf-I have had to consider that the public has a high expectation of professional standards of ./_OFFICIAL_SENSITIVE__Stus__David_Sos_Decision__REDACTED_.pdf-all teachers and that the public might regard a failure to impose a prohibition order as a ./_OFFICIAL_SENSITIVE__Stus__David_Sos_Decision__REDACTED_.pdf-failure to uphold those high standards. In weighing these considerations, I have had to ./_OFFICIAL_SENSITIVE__Stus__David_Sos_Decision__REDACTED_.pdf-consider the matter from the point of view of an “ordinary intelligent and well-informed ./_OFFICIAL_SENSITIVE__Stus__David_Sos_Decision__REDACTED_.pdf-citizen.” I have considered whether the publication of a finding of unacceptable ./_OFFICIAL_SENSITIVE__Stus__David_Sos_Decision__REDACTED_.pdf-professional conduct, in the absence of a prohibition order, can itself be regarded by ./_OFFICIAL_SENSITIVE__Stus__David_Sos_Decision__REDACTED_.pdf-such a person as being a proportionate response to the misconduct that has been found ./_OFFICIAL_SENSITIVE__Stus__David_Sos_Decision__REDACTED_.pdf-proven in this case. -- ./_OFFICIAL_SENSITIVE__Stus__David_Sos_Decision__REDACTED_.pdf-that Mr Stus was acting under duress, and, in fact, the panel found Mr Stus's actions to ./_OFFICIAL_SENSITIVE__Stus__David_Sos_Decision__REDACTED_.pdf:be deliberate and sexually motivated.” ./_OFFICIAL_SENSITIVE__Stus__David_Sos_Decision__REDACTED_.pdf- ./_OFFICIAL_SENSITIVE__Stus__David_Sos_Decision__REDACTED_.pdf-I have given less weight in my consideration of sanction therefore, to the contribution that ./_OFFICIAL_SENSITIVE__Stus__David_Sos_Decision__REDACTED_.pdf-Mr Stus has made to the profession. In my view, it is necessary to impose a prohibition ./_OFFICIAL_SENSITIVE__Stus__David_Sos_Decision__REDACTED_.pdf-order to maintain public confidence in the profession. A published decision, in light of the ./_OFFICIAL_SENSITIVE__Stus__David_Sos_Decision__REDACTED_.pdf-circumstances in this case, that is not backed up by remorse or insight, does not in my ./_OFFICIAL_SENSITIVE__Stus__David_Sos_Decision__REDACTED_.pdf-view satisfy the public interest requirement concerning public confidence in the ./_OFFICIAL_SENSITIVE__Stus__David_Sos_Decision__REDACTED_.pdf-profession. ./_OFFICIAL_SENSITIVE__Stus__David_Sos_Decision__REDACTED_.pdf- ./_OFFICIAL_SENSITIVE__Stus__David_Sos_Decision__REDACTED_.pdf-For these reasons, I have concluded that a prohibition order is proportionate and in the ./_OFFICIAL_SENSITIVE__Stus__David_Sos_Decision__REDACTED_.pdf-public interest in order to achieve the intended aims of a prohibition order. ./_OFFICIAL_SENSITIVE__Stus__David_Sos_Decision__REDACTED_.pdf- ./_OFFICIAL_SENSITIVE__Stus__David_Sos_Decision__REDACTED_.pdf-I have gone on to consider the matter of a review period. In this case, the panel has ./_OFFICIAL_SENSITIVE__Stus__David_Sos_Decision__REDACTED_.pdf-recommended that no provision should be made for a review period. ./_OFFICIAL_SENSITIVE__Stus__David_Sos_Decision__REDACTED_.pdf- ./_OFFICIAL_SENSITIVE__Stus__David_Sos_Decision__REDACTED_.pdf:I have considered the panel’s comments “The panel did consider that Mr Stus's sexual ./_OFFICIAL_SENSITIVE__Stus__David_Sos_Decision__REDACTED_.pdf:misconduct could be placed at the lower end of the spectrum (of the types of sexual ./_OFFICIAL_SENSITIVE__Stus__David_Sos_Decision__REDACTED_.pdf-misconduct that are often subject to these proceedings). However, the panel noted this ./_OFFICIAL_SENSITIVE__Stus__David_Sos_Decision__REDACTED_.pdf-misconduct involved a 16 year old child, who was effectively his [REDACTED] and with ./_OFFICIAL_SENSITIVE__Stus__David_Sos_Decision__REDACTED_.pdf-whom he was trusted to be alone. This made the misconduct too serious to be ./_OFFICIAL_SENSITIVE__Stus__David_Sos_Decision__REDACTED_.pdf:characterised as anything other than serious sexual misconduct.” ./_OFFICIAL_SENSITIVE__Stus__David_Sos_Decision__REDACTED_.pdf- ./_OFFICIAL_SENSITIVE__Stus__David_Sos_Decision__REDACTED_.pdf-I have considered whether allowing a review period reflects the seriousness of the ./_OFFICIAL_SENSITIVE__Stus__David_Sos_Decision__REDACTED_.pdf-findings and is a proportionate to achieve the aim of maintaining public confidence in the ./_OFFICIAL_SENSITIVE__Stus__David_Sos_Decision__REDACTED_.pdf-profession. In this case, three factors mean that a review period is not sufficient to ./_OFFICIAL_SENSITIVE__Stus__David_Sos_Decision__REDACTED_.pdf-achieve the aim of maintaining public confidence in the profession. These elements are ./_OFFICIAL_SENSITIVE__Stus__David_Sos_Decision__REDACTED_.pdf:the lack of either insight or remorse, the finding of sexual misconduct and that the ./_OFFICIAL_SENSITIVE__Stus__David_Sos_Decision__REDACTED_.pdf-misconduct involved a 16 year old child. ./_OFFICIAL_SENSITIVE__Stus__David_Sos_Decision__REDACTED_.pdf- ./_OFFICIAL_SENSITIVE__Stus__David_Sos_Decision__REDACTED_.pdf-I consider therefore that allowing for no review period is necessary to maintain public ./_OFFICIAL_SENSITIVE__Stus__David_Sos_Decision__REDACTED_.pdf-confidence and is proportionate and in the public interest. ./_OFFICIAL_SENSITIVE__Stus__David_Sos_Decision__REDACTED_.pdf- ./_OFFICIAL_SENSITIVE__Stus__David_Sos_Decision__REDACTED_.pdf-This means that Mr David Stus is prohibited from teaching indefinitely and cannot ./_OFFICIAL_SENSITIVE__Stus__David_Sos_Decision__REDACTED_.pdf-teach in any school, sixth form college, relevant youth accommodation or ./_OFFICIAL_SENSITIVE__Stus__David_Sos_Decision__REDACTED_.pdf-children’s home in England. Furthermore, in view of the seriousness of the allegations ./_OFFICIAL_SENSITIVE__Stus__David_Sos_Decision__REDACTED_.pdf-found proved against him, I have decided that Mr Stus shall not be entitled to apply for ./_OFFICIAL_SENSITIVE__Stus__David_Sos_Decision__REDACTED_.pdf-restoration of his eligibility to teach. ./_OFFICIAL_SENSITIVE__Symonds__Paul_S_of_S_Decision__redacted_.pdf-years; that he undertake all rehabilitation activity requirements as directed for a maximum ./_OFFICIAL_SENSITIVE__Symonds__Paul_S_of_S_Decision__redacted_.pdf:period of 30 days; that he pay a victim surcharge of £90.00, and a sexual harm ./_OFFICIAL_SENSITIVE__Symonds__Paul_S_of_S_Decision__redacted_.pdf-prevention order for 5 years was imposed. Whilst the certificate of conviction did not state ./_OFFICIAL_SENSITIVE__Symonds__Paul_S_of_S_Decision__redacted_.pdf-the legislation that had been contravened by Mr Symonds, nor the date of the offence, ./_OFFICIAL_SENSITIVE__Symonds__Paul_S_of_S_Decision__redacted_.pdf-these details are stated in the Police National Check (PNC) print out seen by the panel. ./_OFFICIAL_SENSITIVE__Symonds__Paul_S_of_S_Decision__redacted_.pdf- ./_OFFICIAL_SENSITIVE__Symonds__Paul_S_of_S_Decision__redacted_.pdf-This allegation was therefore found proven. ./_OFFICIAL_SENSITIVE__Symonds__Paul_S_of_S_Decision__redacted_.pdf- ./_OFFICIAL_SENSITIVE__Symonds__Paul_S_of_S_Decision__redacted_.pdf- 2. Making an indecent photograph or pseudo-photograph of a child on 8 May ./_OFFICIAL_SENSITIVE__Symonds__Paul_S_of_S_Decision__redacted_.pdf- 2019 contrary to the Protection of Children Act 1978 s 1(a); ./_OFFICIAL_SENSITIVE__Symonds__Paul_S_of_S_Decision__redacted_.pdf-In a statement of agreed facts, Mr Symonds admitted this conviction. The panel has seen ./_OFFICIAL_SENSITIVE__Symonds__Paul_S_of_S_Decision__redacted_.pdf-the certificate of conviction which confirms the fact of the conviction and shows that, in -- ./_OFFICIAL_SENSITIVE__Symonds__Paul_S_of_S_Decision__redacted_.pdf- individual liberty and mutual respect…. ./_OFFICIAL_SENSITIVE__Symonds__Paul_S_of_S_Decision__redacted_.pdf- ./_OFFICIAL_SENSITIVE__Symonds__Paul_S_of_S_Decision__redacted_.pdf- • Teachers must have proper and professional regard for the ethos, policies and ./_OFFICIAL_SENSITIVE__Symonds__Paul_S_of_S_Decision__redacted_.pdf- practices of the school in which they teach…. ./_OFFICIAL_SENSITIVE__Symonds__Paul_S_of_S_Decision__redacted_.pdf- ./_OFFICIAL_SENSITIVE__Symonds__Paul_S_of_S_Decision__redacted_.pdf- • Teachers must have an understanding of, and always act within, the statutory ./_OFFICIAL_SENSITIVE__Symonds__Paul_S_of_S_Decision__redacted_.pdf- frameworks which set out their professional duties and responsibilities. ./_OFFICIAL_SENSITIVE__Symonds__Paul_S_of_S_Decision__redacted_.pdf- ./_OFFICIAL_SENSITIVE__Symonds__Paul_S_of_S_Decision__redacted_.pdf-The panel noted that the individual’s actions were relevant to teaching, working with ./_OFFICIAL_SENSITIVE__Symonds__Paul_S_of_S_Decision__redacted_.pdf-children and working in an education setting since a conviction of this nature indicates ./_OFFICIAL_SENSITIVE__Symonds__Paul_S_of_S_Decision__redacted_.pdf:that Mr Symonds has a sexual interest in children, potentially posing a risk to such ./_OFFICIAL_SENSITIVE__Symonds__Paul_S_of_S_Decision__redacted_.pdf-children. ./_OFFICIAL_SENSITIVE__Symonds__Paul_S_of_S_Decision__redacted_.pdf- ./_OFFICIAL_SENSITIVE__Symonds__Paul_S_of_S_Decision__redacted_.pdf-The panel noted that the behaviour involved in committing the offence could have had an ./_OFFICIAL_SENSITIVE__Symonds__Paul_S_of_S_Decision__redacted_.pdf-impact on the safety and security of those children depicted in the images viewed by Mr ./_OFFICIAL_SENSITIVE__Symonds__Paul_S_of_S_Decision__redacted_.pdf-Symonds. ./_OFFICIAL_SENSITIVE__Symonds__Paul_S_of_S_Decision__redacted_.pdf- ./_OFFICIAL_SENSITIVE__Symonds__Paul_S_of_S_Decision__redacted_.pdf-The panel also took account of the way the teaching profession is viewed by others. The ./_OFFICIAL_SENSITIVE__Symonds__Paul_S_of_S_Decision__redacted_.pdf-panel considered that Mr Symonds’ behaviour in committing the offences could affect ./_OFFICIAL_SENSITIVE__Symonds__Paul_S_of_S_Decision__redacted_.pdf-public confidence in the teaching profession, given the influence that teachers may have ./_OFFICIAL_SENSITIVE__Symonds__Paul_S_of_S_Decision__redacted_.pdf-on pupils, parents and others in the community. -- ./_OFFICIAL_SENSITIVE__Symonds__Paul_S_of_S_Decision__redacted_.pdf-achieve that aim taking into account the impact that it will have on the individual teacher. ./_OFFICIAL_SENSITIVE__Symonds__Paul_S_of_S_Decision__redacted_.pdf-I have also asked myself, whether a less intrusive measure, such as the published ./_OFFICIAL_SENSITIVE__Symonds__Paul_S_of_S_Decision__redacted_.pdf-finding of a relevant conviction, would itself be sufficient to achieve the overall aim. I have ./_OFFICIAL_SENSITIVE__Symonds__Paul_S_of_S_Decision__redacted_.pdf-to consider whether the consequences of such a publication are themselves sufficient. I ./_OFFICIAL_SENSITIVE__Symonds__Paul_S_of_S_Decision__redacted_.pdf-have considered therefore whether or not prohibiting Mr Paul Symonds, and the impact ./_OFFICIAL_SENSITIVE__Symonds__Paul_S_of_S_Decision__redacted_.pdf-that will have on him, is proportionate and in the public interest. ./_OFFICIAL_SENSITIVE__Symonds__Paul_S_of_S_Decision__redacted_.pdf- ./_OFFICIAL_SENSITIVE__Symonds__Paul_S_of_S_Decision__redacted_.pdf-In this case, I have considered the extent to which a prohibition order would protect ./_OFFICIAL_SENSITIVE__Symonds__Paul_S_of_S_Decision__redacted_.pdf-children. The panel has observed, “the individual’s actions were relevant to teaching, ./_OFFICIAL_SENSITIVE__Symonds__Paul_S_of_S_Decision__redacted_.pdf-working with children and working in an education setting since a conviction of this nature ./_OFFICIAL_SENSITIVE__Symonds__Paul_S_of_S_Decision__redacted_.pdf:indicates that Mr Symonds has a sexual interest in children, potentially posing a risk to ./_OFFICIAL_SENSITIVE__Symonds__Paul_S_of_S_Decision__redacted_.pdf-such children.” ./_OFFICIAL_SENSITIVE__Symonds__Paul_S_of_S_Decision__redacted_.pdf- ./_OFFICIAL_SENSITIVE__Symonds__Paul_S_of_S_Decision__redacted_.pdf-A prohibition order would therefore prevent such a risk from being present in the future. I ./_OFFICIAL_SENSITIVE__Symonds__Paul_S_of_S_Decision__redacted_.pdf-have also taken into account the panel’s comments on insight and remorse, which the ./_OFFICIAL_SENSITIVE__Symonds__Paul_S_of_S_Decision__redacted_.pdf-panel sets out as follows, “Mr Symonds answered all questions fully, admitted to ./_OFFICIAL_SENSITIVE__Symonds__Paul_S_of_S_Decision__redacted_.pdf-downloading and accessing indecent images of children, and showed remorse and ./_OFFICIAL_SENSITIVE__Symonds__Paul_S_of_S_Decision__redacted_.pdf-shame for his actions. Mr Symonds was invited to provide evidence in mitigation, but he ./_OFFICIAL_SENSITIVE__Symonds__Paul_S_of_S_Decision__redacted_.pdf- ./_OFFICIAL_SENSITIVE__Symonds__Paul_S_of_S_Decision__redacted_.pdf- 12 ./_OFFICIAL_SENSITIVE__Symonds__Paul_S_of_S_Decision__redacted_.pdf- ./_Official_Sensitive__Wakeford__Christopher_SoS_decision__Redacted_.pdf-Mr Wakeford had received a number of clear warnings and instructions from senior ./_Official_Sensitive__Wakeford__Christopher_SoS_decision__Redacted_.pdf-members of the school over a period of two years, two warnings being of a general ./_Official_Sensitive__Wakeford__Christopher_SoS_decision__Redacted_.pdf-nature and one relating specifically to his future conduct relating to Pupil A. Despite such ./_Official_Sensitive__Wakeford__Christopher_SoS_decision__Redacted_.pdf-warnings, Mr Wakeford had ignored such instructions and had allowed a relationship to ./_Official_Sensitive__Wakeford__Christopher_SoS_decision__Redacted_.pdf-develop with a potentially vulnerable person which was wholly inappropriate, although it ./_Official_Sensitive__Wakeford__Christopher_SoS_decision__Redacted_.pdf-was important to make clear that it was not suggested that the relationship was of an ./_Official_Sensitive__Wakeford__Christopher_SoS_decision__Redacted_.pdf:intimate or sexual nature. ./_Official_Sensitive__Wakeford__Christopher_SoS_decision__Redacted_.pdf- ./_Official_Sensitive__Wakeford__Christopher_SoS_decision__Redacted_.pdf-The panel took into account the way the teaching profession is viewed by others and ./_Official_Sensitive__Wakeford__Christopher_SoS_decision__Redacted_.pdf-considered the influence that teachers may have on pupils, parents and others in the ./_Official_Sensitive__Wakeford__Christopher_SoS_decision__Redacted_.pdf-community. The panel also took account of the uniquely influential role that teachers can ./_Official_Sensitive__Wakeford__Christopher_SoS_decision__Redacted_.pdf-hold in pupils’ lives and the fact that pupils must be able to view teachers as role models ./_Official_Sensitive__Wakeford__Christopher_SoS_decision__Redacted_.pdf-in the way that they behave. ./_Official_Sensitive__Wakeford__Christopher_SoS_decision__Redacted_.pdf- ./_Official_Sensitive__Wakeford__Christopher_SoS_decision__Redacted_.pdf-The panel therefore found that Mr Wakeford's actions constituted conduct that may bring ./_Official_Sensitive__Wakeford__Christopher_SoS_decision__Redacted_.pdf-the profession into disrepute. ./_Official_Sensitive__Wakeford__Christopher_SoS_decision__Redacted_.pdf- -- ./_Official_Sensitive__Wakeford__Christopher_SoS_decision__Redacted_.pdf-although it had not been alleged, nor had the panel found, that the relationship with Pupil ./_Official_Sensitive__Wakeford__Christopher_SoS_decision__Redacted_.pdf:A was of an intimate or sexual nature. ./_Official_Sensitive__Wakeford__Christopher_SoS_decision__Redacted_.pdf- ./_Official_Sensitive__Wakeford__Christopher_SoS_decision__Redacted_.pdf-Similarly, the panel considered that public confidence in the profession could be seriously ./_Official_Sensitive__Wakeford__Christopher_SoS_decision__Redacted_.pdf-weakened if conduct such as that found against Mr Wakeford were not treated with the ./_Official_Sensitive__Wakeford__Christopher_SoS_decision__Redacted_.pdf-utmost seriousness when regulating the conduct of the profession. ./_Official_Sensitive__Wakeford__Christopher_SoS_decision__Redacted_.pdf- ./_Official_Sensitive__Wakeford__Christopher_SoS_decision__Redacted_.pdf-The panel was of the view that a strong public interest consideration in declaring proper ./_Official_Sensitive__Wakeford__Christopher_SoS_decision__Redacted_.pdf-standards of conduct in the profession was also present as the conduct found against Mr ./_Official_Sensitive__Wakeford__Christopher_SoS_decision__Redacted_.pdf-Wakeford was outside that which could reasonably be tolerated. ./_Official_Sensitive__Wakeford__Christopher_SoS_decision__Redacted_.pdf- ./_Official_Sensitive__Wakeford__Christopher_SoS_decision__Redacted_.pdf-The panel decided that there was also a strong public interest consideration in retaining -- ./_Official_Sensitive__Wakeford__Christopher_SoS_decision__Redacted_.pdf-Wakeford. The panel took further account of the Advice, which suggests that a prohibition ./_Official_Sensitive__Wakeford__Christopher_SoS_decision__Redacted_.pdf-order may be appropriate if certain behaviours of a teacher have been proved. In the list ./_Official_Sensitive__Wakeford__Christopher_SoS_decision__Redacted_.pdf-of such behaviours, those that were relevant in this case were: ./_Official_Sensitive__Wakeford__Christopher_SoS_decision__Redacted_.pdf- ./_Official_Sensitive__Wakeford__Christopher_SoS_decision__Redacted_.pdf-  serious departure from the personal and professional conduct elements of the ./_Official_Sensitive__Wakeford__Christopher_SoS_decision__Redacted_.pdf- Teachers’ Standards; ./_Official_Sensitive__Wakeford__Christopher_SoS_decision__Redacted_.pdf-  abuse of position or trust (particularly involving vulnerable pupils); ./_Official_Sensitive__Wakeford__Christopher_SoS_decision__Redacted_.pdf- In terms of aggravating features, the panel considers the following to be present in ./_Official_Sensitive__Wakeford__Christopher_SoS_decision__Redacted_.pdf- this case: ./_Official_Sensitive__Wakeford__Christopher_SoS_decision__Redacted_.pdf-  Whilst it was not alleged that the relationship between Mr Wakeford and Pupil A ./_Official_Sensitive__Wakeford__Christopher_SoS_decision__Redacted_.pdf: was either intimate or sexual, it was entirely inappropriate, and was facilitated via ./_Official_Sensitive__Wakeford__Christopher_SoS_decision__Redacted_.pdf- social media on Mr Wakeford's personal mobile phone; ./_Official_Sensitive__Wakeford__Christopher_SoS_decision__Redacted_.pdf-  The conduct had been perpetuated by Mr Wakeford for well over a year; ./_Official_Sensitive__Wakeford__Christopher_SoS_decision__Redacted_.pdf-  It was perpetuated by Mr Wakeford despite having been given three separate ./_Official_Sensitive__Wakeford__Christopher_SoS_decision__Redacted_.pdf- warnings as to his behaviour, the first two warnings, in July and October 2017 ./_Official_Sensitive__Wakeford__Christopher_SoS_decision__Redacted_.pdf- respectively, being of a general nature and the third instruction and warning in ./_Official_Sensitive__Wakeford__Christopher_SoS_decision__Redacted_.pdf- November 2018 relating specifically to Pupil A; ./_Official_Sensitive__Wakeford__Christopher_SoS_decision__Redacted_.pdf-  In relation to the warning and instruction in November 2018, Mr Wakeford ./_Official_Sensitive__Wakeford__Christopher_SoS_decision__Redacted_.pdf- confirmed that he understood the nature of the instruction with which [redacted], ./_Official_Sensitive__Wakeford__Christopher_SoS_decision__Redacted_.pdf- Individual B, insisted that he comply; ./_Official_Sensitive__Wakeford__Christopher_SoS_decision__Redacted_.pdf-  The inappropriate conduct to which allegation 1 above involving Pupil A -- ./_Official_Sensitive__Wakeford__Christopher_SoS_decision__Redacted_.pdf-finding of unacceptable professional conduct and conduct that may bring the profession ./_Official_Sensitive__Wakeford__Christopher_SoS_decision__Redacted_.pdf-into disrepute, would itself be sufficient to achieve the overall aim. I have to consider ./_Official_Sensitive__Wakeford__Christopher_SoS_decision__Redacted_.pdf-whether the consequences of such a publication are themselves sufficient. I have ./_Official_Sensitive__Wakeford__Christopher_SoS_decision__Redacted_.pdf-considered therefore whether or not prohibiting Mr Wakeford, and the impact that will ./_Official_Sensitive__Wakeford__Christopher_SoS_decision__Redacted_.pdf-have on the teacher, is proportionate and in the public interest. ./_Official_Sensitive__Wakeford__Christopher_SoS_decision__Redacted_.pdf- ./_Official_Sensitive__Wakeford__Christopher_SoS_decision__Redacted_.pdf-In this case, I have considered the extent to which a prohibition order would protect ./_Official_Sensitive__Wakeford__Christopher_SoS_decision__Redacted_.pdf-children and safeguard pupils. The panel has observed, “Mr Wakeford had ignored such ./_Official_Sensitive__Wakeford__Christopher_SoS_decision__Redacted_.pdf-instructions and had allowed a relationship to develop with a potentially vulnerable ./_Official_Sensitive__Wakeford__Christopher_SoS_decision__Redacted_.pdf-person which was wholly inappropriate, although it was important to make clear that it ./_Official_Sensitive__Wakeford__Christopher_SoS_decision__Redacted_.pdf:was not suggested that the relationship was of an intimate or sexual nature.” ./_Official_Sensitive__Wakeford__Christopher_SoS_decision__Redacted_.pdf- ./_Official_Sensitive__Wakeford__Christopher_SoS_decision__Redacted_.pdf-A prohibition order would therefore prevent such a risk from being present in the future. ./_Official_Sensitive__Wakeford__Christopher_SoS_decision__Redacted_.pdf- ./_Official_Sensitive__Wakeford__Christopher_SoS_decision__Redacted_.pdf-I have also taken into account the panel’s comments on insight and remorse, which the ./_Official_Sensitive__Wakeford__Christopher_SoS_decision__Redacted_.pdf-panel sets out as follows, “The panel accepted his evidence when he confirmed that he ./_Official_Sensitive__Wakeford__Christopher_SoS_decision__Redacted_.pdf-fully recognised the failures on his part and that he had full insight in respect of those ./_Official_Sensitive__Wakeford__Christopher_SoS_decision__Redacted_.pdf-failures.” I have therefore given this element considerable weight in reaching my overall ./_Official_Sensitive__Wakeford__Christopher_SoS_decision__Redacted_.pdf-decision. ./_Official_Sensitive__Wakeford__Christopher_SoS_decision__Redacted_.pdf- ./_Official_Sensitive__Wakeford__Christopher_SoS_decision__Redacted_.pdf-I have gone on to consider the extent to which a prohibition order would maintain public ./_OFFICIAL_SENSITIVE__Walker_Joel_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Walker_Joel_SoS_decision_redacted.pdf- 2. On one or more occasions between 1 April 2015 and 31 July 2017, whilst Pupil ./_OFFICIAL_SENSITIVE__Walker_Joel_SoS_decision_redacted.pdf- A was a pupil at the school: ./_OFFICIAL_SENSITIVE__Walker_Joel_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Walker_Joel_SoS_decision_redacted.pdf- a. he stated to Pupil A “your arse is looking really good” or words to the ./_OFFICIAL_SENSITIVE__Walker_Joel_SoS_decision_redacted.pdf- same effect, when she was wearing leggings, ./_OFFICIAL_SENSITIVE__Walker_Joel_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Walker_Joel_SoS_decision_redacted.pdf- b. on another occasion he stated to Pupil A “your arse looks incredible” ./_OFFICIAL_SENSITIVE__Walker_Joel_SoS_decision_redacted.pdf- or words to that effect, when she was wearing a dress for prize day, ./_OFFICIAL_SENSITIVE__Walker_Joel_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Walker_Joel_SoS_decision_redacted.pdf: c. he stated to Pupil A that he had a dream of a sexual nature involving ./_OFFICIAL_SENSITIVE__Walker_Joel_SoS_decision_redacted.pdf- Pupil A, ./_OFFICIAL_SENSITIVE__Walker_Joel_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Walker_Joel_SoS_decision_redacted.pdf- d. he told Pupil A she was attractive, ./_OFFICIAL_SENSITIVE__Walker_Joel_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Walker_Joel_SoS_decision_redacted.pdf- e. he invited Pupil A to meet him alone in a classroom, ./_OFFICIAL_SENSITIVE__Walker_Joel_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Walker_Joel_SoS_decision_redacted.pdf- f. he held a ruler up and asked Pupil A “do you want to know how big it ./_OFFICIAL_SENSITIVE__Walker_Joel_SoS_decision_redacted.pdf- is?” in reference to his groin, ./_OFFICIAL_SENSITIVE__Walker_Joel_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Walker_Joel_SoS_decision_redacted.pdf- g. as a response to a slightly revealing image of Pupil A that she -- ./_OFFICIAL_SENSITIVE__Walker_Joel_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Walker_Joel_SoS_decision_redacted.pdf- c. he placed his hand on Pupil A’s back, ./_OFFICIAL_SENSITIVE__Walker_Joel_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Walker_Joel_SoS_decision_redacted.pdf- d. whilst she was ahead of him inside an inflatable assault course, he ./_OFFICIAL_SENSITIVE__Walker_Joel_SoS_decision_redacted.pdf- took hold of Pupil A’s clothing causing her to fall on top of him; ./_OFFICIAL_SENSITIVE__Walker_Joel_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Walker_Joel_SoS_decision_redacted.pdf- 4. On an unknown date in 2018, he took alcohol to Pupil B, who was under 18 ./_OFFICIAL_SENSITIVE__Walker_Joel_SoS_decision_redacted.pdf- years old and an ex-pupil of the school, whilst she was on a residential course ./_OFFICIAL_SENSITIVE__Walker_Joel_SoS_decision_redacted.pdf- in the town where he lives; ./_OFFICIAL_SENSITIVE__Walker_Joel_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Walker_Joel_SoS_decision_redacted.pdf: 5. His conduct in paragraphs 2 and/or 3 above, was sexually motivated; ./_OFFICIAL_SENSITIVE__Walker_Joel_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Walker_Joel_SoS_decision_redacted.pdf- 6. By his conduct in the foregoing paragraphs, he failed to observe a proper ./_OFFICIAL_SENSITIVE__Walker_Joel_SoS_decision_redacted.pdf- boundary appropriate to a teacher’s professional position. ./_OFFICIAL_SENSITIVE__Walker_Joel_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Walker_Joel_SoS_decision_redacted.pdf-Mr Walker admitted all of the allegations. ./_OFFICIAL_SENSITIVE__Walker_Joel_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Walker_Joel_SoS_decision_redacted.pdf-Mr Walker further admitted that his actions, in relation to each of the allegations, ./_OFFICIAL_SENSITIVE__Walker_Joel_SoS_decision_redacted.pdf-amounted to unacceptable professional conduct and conduct that may bring the ./_OFFICIAL_SENSITIVE__Walker_Joel_SoS_decision_redacted.pdf-profession into disrepute. ./_OFFICIAL_SENSITIVE__Walker_Joel_SoS_decision_redacted.pdf- -- ./_OFFICIAL_SENSITIVE__Walker_Joel_SoS_decision_redacted.pdf- 2. On one or more occasions between 1 April 2015 and 31 July 2017, whilst ./_OFFICIAL_SENSITIVE__Walker_Joel_SoS_decision_redacted.pdf- Pupil A was a pupil at the school: ./_OFFICIAL_SENSITIVE__Walker_Joel_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Walker_Joel_SoS_decision_redacted.pdf- a. you stated to Pupil A “your arse is looking really good” or words to ./_OFFICIAL_SENSITIVE__Walker_Joel_SoS_decision_redacted.pdf- the same effect, ./_OFFICIAL_SENSITIVE__Walker_Joel_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Walker_Joel_SoS_decision_redacted.pdf- b. on another occasion you stated to Pupil A “your arse looks ./_OFFICIAL_SENSITIVE__Walker_Joel_SoS_decision_redacted.pdf- incredible” or words to that effect, when she was wearing a dress for ./_OFFICIAL_SENSITIVE__Walker_Joel_SoS_decision_redacted.pdf- prize day, ./_OFFICIAL_SENSITIVE__Walker_Joel_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Walker_Joel_SoS_decision_redacted.pdf: c. you stated to Pupil A that you had a dream of a sexual nature ./_OFFICIAL_SENSITIVE__Walker_Joel_SoS_decision_redacted.pdf- involving Pupil A, ./_OFFICIAL_SENSITIVE__Walker_Joel_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Walker_Joel_SoS_decision_redacted.pdf- 7 ./_OFFICIAL_SENSITIVE__Walker_Joel_SoS_decision_redacted.pdf- -- ./_OFFICIAL_SENSITIVE__Walker_Joel_SoS_decision_redacted.pdf- g. as a response to a slightly revealing image of Pupil A that she ./_OFFICIAL_SENSITIVE__Walker_Joel_SoS_decision_redacted.pdf- uploaded to social media, you uploaded a photograph of yourself with ./_OFFICIAL_SENSITIVE__Walker_Joel_SoS_decision_redacted.pdf- the caption "your pic the other day KILLED me"; ./_OFFICIAL_SENSITIVE__Walker_Joel_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Walker_Joel_SoS_decision_redacted.pdf- h. as a response to being shown an image of Pupil A you enlarged the ./_OFFICIAL_SENSITIVE__Walker_Joel_SoS_decision_redacted.pdf- image onto Pupil A’s chest; ./_OFFICIAL_SENSITIVE__Walker_Joel_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Walker_Joel_SoS_decision_redacted.pdf-The panel considered allegations 2(a) to (h) together. ./_OFFICIAL_SENSITIVE__Walker_Joel_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Walker_Joel_SoS_decision_redacted.pdf-The panel noted the evidence provided by Pupil A. Her statement recorded that in year ./_OFFICIAL_SENSITIVE__Walker_Joel_SoS_decision_redacted.pdf:11, Mr Walker began to make sexual comments towards and about her, often telling her ./_OFFICIAL_SENSITIVE__Walker_Joel_SoS_decision_redacted.pdf-that she looked very attractive. Pupil A provided particular examples with reference to the ./_OFFICIAL_SENSITIVE__Walker_Joel_SoS_decision_redacted.pdf-allegations and provided an extract from her diary in support of her account. Pupil A ./_OFFICIAL_SENSITIVE__Walker_Joel_SoS_decision_redacted.pdf-referred to a particular occasion, with reference to allegation 2(c), in which Mr Walker ./_OFFICIAL_SENSITIVE__Walker_Joel_SoS_decision_redacted.pdf-relayed to her a dream in which he told her she was naked. ./_OFFICIAL_SENSITIVE__Walker_Joel_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Walker_Joel_SoS_decision_redacted.pdf-Pupil A also stated: ./_OFFICIAL_SENSITIVE__Walker_Joel_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Walker_Joel_SoS_decision_redacted.pdf- "Mr Walker started becoming more secretive, and on several occasions invited me ./_OFFICIAL_SENSITIVE__Walker_Joel_SoS_decision_redacted.pdf- to his classroom to talk during lunch. Mr Walker's classroom was in a very quiet ./_OFFICIAL_SENSITIVE__Walker_Joel_SoS_decision_redacted.pdf- building with less people around. On one occasion, whilst we were in his -- ./_OFFICIAL_SENSITIVE__Walker_Joel_SoS_decision_redacted.pdf- d. whilst she was ahead of you inside an inflatable assault course, you ./_OFFICIAL_SENSITIVE__Walker_Joel_SoS_decision_redacted.pdf- took hold of Pupil A’s clothing causing her to fall on top of you; ./_OFFICIAL_SENSITIVE__Walker_Joel_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Walker_Joel_SoS_decision_redacted.pdf-The panel considered allegations 3(a) to (d) together, which were all admitted by Mr ./_OFFICIAL_SENSITIVE__Walker_Joel_SoS_decision_redacted.pdf-Walker. ./_OFFICIAL_SENSITIVE__Walker_Joel_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Walker_Joel_SoS_decision_redacted.pdf-Pupil A's evidence was that: ./_OFFICIAL_SENSITIVE__Walker_Joel_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Walker_Joel_SoS_decision_redacted.pdf- "Mr Walker would also often put his hand on my shoulder or lower back. I believed ./_OFFICIAL_SENSITIVE__Walker_Joel_SoS_decision_redacted.pdf- this was a comforting or reassuring gesture and did not believe he was touching ./_OFFICIAL_SENSITIVE__Walker_Joel_SoS_decision_redacted.pdf: me in a sexual manner, though it felt unprofessional and unnecessary." ./_OFFICIAL_SENSITIVE__Walker_Joel_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Walker_Joel_SoS_decision_redacted.pdf-Pupil A added that Mr Walker hugged her during the course of a 'prize day' when he also ./_OFFICIAL_SENSITIVE__Walker_Joel_SoS_decision_redacted.pdf-made the comment set out in allegation 2(b). Her statement records: ./_OFFICIAL_SENSITIVE__Walker_Joel_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Walker_Joel_SoS_decision_redacted.pdf- "Mr Walker took me to his classroom and hugged me. I remember he hugged me ./_OFFICIAL_SENSITIVE__Walker_Joel_SoS_decision_redacted.pdf- particularly tight so that I was pressed up right against him. He began to put his ./_OFFICIAL_SENSITIVE__Walker_Joel_SoS_decision_redacted.pdf- hand on the back of my head and stroke my hair. He then whispered in my ear." ./_OFFICIAL_SENSITIVE__Walker_Joel_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Walker_Joel_SoS_decision_redacted.pdf-Pupil A exhibited an excerpt from her diary in which she recorded this incident at the ./_OFFICIAL_SENSITIVE__Walker_Joel_SoS_decision_redacted.pdf-time. -- ./_OFFICIAL_SENSITIVE__Walker_Joel_SoS_decision_redacted.pdf- 4. On an unknown date in 2018, you took alcohol to Pupil B, who was under 18 ./_OFFICIAL_SENSITIVE__Walker_Joel_SoS_decision_redacted.pdf- years old and an ex-pupil of the school, whilst she was on a residential ./_OFFICIAL_SENSITIVE__Walker_Joel_SoS_decision_redacted.pdf- course in the town where you live; ./_OFFICIAL_SENSITIVE__Walker_Joel_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Walker_Joel_SoS_decision_redacted.pdf-Mr Walker accepted that, on an unknown date in 2018, he took alcohol to Pupil B. At the ./_OFFICIAL_SENSITIVE__Walker_Joel_SoS_decision_redacted.pdf-relevant time, Pupil B was on a residential course near to where Mr Walker lived. ./_OFFICIAL_SENSITIVE__Walker_Joel_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Walker_Joel_SoS_decision_redacted.pdf-In light of Mr Walker's admission, which was consistent with the other evidence before it, ./_OFFICIAL_SENSITIVE__Walker_Joel_SoS_decision_redacted.pdf-the panel found allegation 4 proved. ./_OFFICIAL_SENSITIVE__Walker_Joel_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Walker_Joel_SoS_decision_redacted.pdf: 5. Your conduct in paragraphs 2 and/or 3 above, was sexually motivated; ./_OFFICIAL_SENSITIVE__Walker_Joel_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Walker_Joel_SoS_decision_redacted.pdf-Having found the facts of allegations 2 and 3 proved, the panel went on to determine ./_OFFICIAL_SENSITIVE__Walker_Joel_SoS_decision_redacted.pdf:whether Mr Walker's conduct in relation to those allegations was sexually motivated. ./_OFFICIAL_SENSITIVE__Walker_Joel_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Walker_Joel_SoS_decision_redacted.pdf-The only appropriate conclusion, given the nature and circumstances of his behaviour, ./_OFFICIAL_SENSITIVE__Walker_Joel_SoS_decision_redacted.pdf:was that Mr Walker was sexually motivated towards Pupil A, which he admitted. ./_OFFICIAL_SENSITIVE__Walker_Joel_SoS_decision_redacted.pdf:Considered as a whole and objectively, this was conduct of a sexual nature. The panel ./_OFFICIAL_SENSITIVE__Walker_Joel_SoS_decision_redacted.pdf-was satisfied that the reasonable inference to be drawn was that Mr Walker was, by his ./_OFFICIAL_SENSITIVE__Walker_Joel_SoS_decision_redacted.pdf:actions, motivated either by a desire to obtain sexual gratification from his behaviour or to ./_OFFICIAL_SENSITIVE__Walker_Joel_SoS_decision_redacted.pdf:pursue a sexual relationship with Pupil A, or both. ./_OFFICIAL_SENSITIVE__Walker_Joel_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Walker_Joel_SoS_decision_redacted.pdf-On that basis and in light of Mr Walker's admission, the panel found allegation 5 proved. ./_OFFICIAL_SENSITIVE__Walker_Joel_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Walker_Joel_SoS_decision_redacted.pdf- 6. By your conduct in the foregoing paragraphs, you failed to observe a proper ./_OFFICIAL_SENSITIVE__Walker_Joel_SoS_decision_redacted.pdf- boundary appropriate to a teacher’s professional position. ./_OFFICIAL_SENSITIVE__Walker_Joel_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Walker_Joel_SoS_decision_redacted.pdf-Mr Walker accepted that his conduct in relation to allegations 1 to 5 were such that he ./_OFFICIAL_SENSITIVE__Walker_Joel_SoS_decision_redacted.pdf-failed to observe a proper professional boundary appropriate to a teacher's professional ./_OFFICIAL_SENSITIVE__Walker_Joel_SoS_decision_redacted.pdf-position. ./_OFFICIAL_SENSITIVE__Walker_Joel_SoS_decision_redacted.pdf- -- ./_OFFICIAL_SENSITIVE__Walker_Joel_SoS_decision_redacted.pdf-  Teachers must have an understanding of, and always act within, the statutory ./_OFFICIAL_SENSITIVE__Walker_Joel_SoS_decision_redacted.pdf- frameworks which set out their professional duties and responsibilities. ./_OFFICIAL_SENSITIVE__Walker_Joel_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Walker_Joel_SoS_decision_redacted.pdf-The panel also considered whether Mr Walker's conduct displayed behaviours ./_OFFICIAL_SENSITIVE__Walker_Joel_SoS_decision_redacted.pdf-associated with any of the offences listed on pages 12 and 13 of the Advice. ./_OFFICIAL_SENSITIVE__Walker_Joel_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Walker_Joel_SoS_decision_redacted.pdf-The Advice indicates that where behaviours associated with such an offence exist, a ./_OFFICIAL_SENSITIVE__Walker_Joel_SoS_decision_redacted.pdf-panel is likely to conclude that an individual’s conduct would amount to unacceptable ./_OFFICIAL_SENSITIVE__Walker_Joel_SoS_decision_redacted.pdf-professional conduct. ./_OFFICIAL_SENSITIVE__Walker_Joel_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Walker_Joel_SoS_decision_redacted.pdf:The panel found that the offences of sexual activity and sexual communication with a ./_OFFICIAL_SENSITIVE__Walker_Joel_SoS_decision_redacted.pdf:child were relevant, in broad terms, insofar as Mr Walker had engaged in sexually ./_OFFICIAL_SENSITIVE__Walker_Joel_SoS_decision_redacted.pdf-motivated behaviour towards Pupil A. However, the panel did have in mind that Mr ./_OFFICIAL_SENSITIVE__Walker_Joel_SoS_decision_redacted.pdf-Walker had not committed a criminal offence. ./_OFFICIAL_SENSITIVE__Walker_Joel_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Walker_Joel_SoS_decision_redacted.pdf-Having carefully considered all of the evidence and having regard to the fact that Mr ./_OFFICIAL_SENSITIVE__Walker_Joel_SoS_decision_redacted.pdf-Walker had acted contrary to the Teachers' Standards, the panel was satisfied that his ./_OFFICIAL_SENSITIVE__Walker_Joel_SoS_decision_redacted.pdf-conduct fell significantly short of the standards expected of the profession. ./_OFFICIAL_SENSITIVE__Walker_Joel_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Walker_Joel_SoS_decision_redacted.pdf-His actions, in relation to each of the allegations, particularly considered together, was a ./_OFFICIAL_SENSITIVE__Walker_Joel_SoS_decision_redacted.pdf-matter of grave concern. The panel considered this to be an egregious breach of ./_OFFICIAL_SENSITIVE__Walker_Joel_SoS_decision_redacted.pdf-professional boundaries and his failings were deliberate, persistent and very serious. Not ./_OFFICIAL_SENSITIVE__Walker_Joel_SoS_decision_redacted.pdf:least, Mr Walker engaged in sexually motivated behaviour towards a pupil. By definition, ./_OFFICIAL_SENSITIVE__Walker_Joel_SoS_decision_redacted.pdf-his actions occurred within the education setting as well as extending, in certain respects, ./_OFFICIAL_SENSITIVE__Walker_Joel_SoS_decision_redacted.pdf-to his behaviour outside of school. There was also clear evidence as to the impact of Mr ./_OFFICIAL_SENSITIVE__Walker_Joel_SoS_decision_redacted.pdf-Walker's behaviour upon Pupil A, who had clearly been affected by his actions. The ./_OFFICIAL_SENSITIVE__Walker_Joel_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Walker_Joel_SoS_decision_redacted.pdf- 11 ./_OFFICIAL_SENSITIVE__Walker_Joel_SoS_decision_redacted.pdf- -- ./_OFFICIAL_SENSITIVE__Walker_Joel_SoS_decision_redacted.pdf-The panel had regard to the particular public interest considerations set out in the Advice ./_OFFICIAL_SENSITIVE__Walker_Joel_SoS_decision_redacted.pdf-and, having done so, found a number of them to be relevant in this case, namely: ./_OFFICIAL_SENSITIVE__Walker_Joel_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Walker_Joel_SoS_decision_redacted.pdf- • the protection of pupils; ./_OFFICIAL_SENSITIVE__Walker_Joel_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Walker_Joel_SoS_decision_redacted.pdf- • the maintenance of public confidence in the profession; and ./_OFFICIAL_SENSITIVE__Walker_Joel_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Walker_Joel_SoS_decision_redacted.pdf- • declaring and upholding proper standards of conduct. ./_OFFICIAL_SENSITIVE__Walker_Joel_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Walker_Joel_SoS_decision_redacted.pdf:In the light of the panel’s findings against Mr Walker, which involved sexually motivated ./_OFFICIAL_SENSITIVE__Walker_Joel_SoS_decision_redacted.pdf-behaviour towards a pupil, there was an extremely strong public interest consideration in ./_OFFICIAL_SENSITIVE__Walker_Joel_SoS_decision_redacted.pdf-respect of the protection of pupils. ./_OFFICIAL_SENSITIVE__Walker_Joel_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Walker_Joel_SoS_decision_redacted.pdf-Similarly, the panel considered that public confidence in the profession could be seriously ./_OFFICIAL_SENSITIVE__Walker_Joel_SoS_decision_redacted.pdf-weakened if conduct such as that found against Mr Walker were not treated with the ./_OFFICIAL_SENSITIVE__Walker_Joel_SoS_decision_redacted.pdf-utmost seriousness when regulating the conduct of the profession. ./_OFFICIAL_SENSITIVE__Walker_Joel_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Walker_Joel_SoS_decision_redacted.pdf-The panel also decided that a strong public interest consideration in declaring proper ./_OFFICIAL_SENSITIVE__Walker_Joel_SoS_decision_redacted.pdf-standards of conduct in the profession was also present as the conduct found against Mr ./_OFFICIAL_SENSITIVE__Walker_Joel_SoS_decision_redacted.pdf-Walker was outside that which could reasonably be tolerated. -- ./_OFFICIAL_SENSITIVE__Walker_Joel_SoS_decision_redacted.pdf-  misconduct seriously affecting the education and/or well-being of pupils, and ./_OFFICIAL_SENSITIVE__Walker_Joel_SoS_decision_redacted.pdf- particularly where there is a continuing risk; ./_OFFICIAL_SENSITIVE__Walker_Joel_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Walker_Joel_SoS_decision_redacted.pdf-  abuse of position or trust (particularly involving pupils); ./_OFFICIAL_SENSITIVE__Walker_Joel_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Walker_Joel_SoS_decision_redacted.pdf-  an abuse of any trust, knowledge, or influence gained through their professional ./_OFFICIAL_SENSITIVE__Walker_Joel_SoS_decision_redacted.pdf: position in order to advance a romantic or sexual relationship with a pupil or former ./_OFFICIAL_SENSITIVE__Walker_Joel_SoS_decision_redacted.pdf- pupil; ./_OFFICIAL_SENSITIVE__Walker_Joel_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Walker_Joel_SoS_decision_redacted.pdf:  sexual misconduct, e.g. involving actions that were sexually motivated or of a ./_OFFICIAL_SENSITIVE__Walker_Joel_SoS_decision_redacted.pdf: sexual nature and/or that use or exploit the trust, knowledge or influence derived ./_OFFICIAL_SENSITIVE__Walker_Joel_SoS_decision_redacted.pdf- from the individual’s professional position; ./_OFFICIAL_SENSITIVE__Walker_Joel_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Walker_Joel_SoS_decision_redacted.pdf-  failure in their duty of care towards a child, including exposing a child to risk or ./_OFFICIAL_SENSITIVE__Walker_Joel_SoS_decision_redacted.pdf- failing to promote the safety and welfare of the children (as set out in Part 1 of ./_OFFICIAL_SENSITIVE__Walker_Joel_SoS_decision_redacted.pdf- KCSIE); ./_OFFICIAL_SENSITIVE__Walker_Joel_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Walker_Joel_SoS_decision_redacted.pdf-  violation of the rights of pupils; and ./_OFFICIAL_SENSITIVE__Walker_Joel_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Walker_Joel_SoS_decision_redacted.pdf-  deliberate behaviour that undermines pupils, the profession, the school or ./_OFFICIAL_SENSITIVE__Walker_Joel_SoS_decision_redacted.pdf- colleague. -- ./_OFFICIAL_SENSITIVE__Walker_Joel_SoS_decision_redacted.pdf- • Mr Walker was in a position of responsibility and had an obligation to act as a role ./_OFFICIAL_SENSITIVE__Walker_Joel_SoS_decision_redacted.pdf- model. He failed in his duties in that regard. ./_OFFICIAL_SENSITIVE__Walker_Joel_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Walker_Joel_SoS_decision_redacted.pdf- • Mr Walker's actions amounted to a clear breach of the Teachers' Standards. ./_OFFICIAL_SENSITIVE__Walker_Joel_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Walker_Joel_SoS_decision_redacted.pdf: • In relation to Pupil A, Mr Walker's behaviour was sexually motivated. ./_OFFICIAL_SENSITIVE__Walker_Joel_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Walker_Joel_SoS_decision_redacted.pdf- • In relation to Pupil B, Mr Walker provided alcohol to a minor. ./_OFFICIAL_SENSITIVE__Walker_Joel_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Walker_Joel_SoS_decision_redacted.pdf- • There was limited evidence of insight on the part of Mr Walker. ./_OFFICIAL_SENSITIVE__Walker_Joel_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Walker_Joel_SoS_decision_redacted.pdf- • His conduct had a clear impact upon Pupil A, who had enrolled at the School ./_OFFICIAL_SENSITIVE__Walker_Joel_SoS_decision_redacted.pdf- because she had particular needs and required specific support. ./_OFFICIAL_SENSITIVE__Walker_Joel_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Walker_Joel_SoS_decision_redacted.pdf-The panel first considered whether it would be proportionate to conclude this case with ./_OFFICIAL_SENSITIVE__Walker_Joel_SoS_decision_redacted.pdf-no recommendation of prohibition, considering whether the publication of the findings -- ./_OFFICIAL_SENSITIVE__Walker_Joel_SoS_decision_redacted.pdf-The panel was of the view that, applying the standard of the ordinary intelligent citizen, it ./_OFFICIAL_SENSITIVE__Walker_Joel_SoS_decision_redacted.pdf-would not be a proportionate and appropriate response to recommend no prohibition ./_OFFICIAL_SENSITIVE__Walker_Joel_SoS_decision_redacted.pdf-order. ./_OFFICIAL_SENSITIVE__Walker_Joel_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Walker_Joel_SoS_decision_redacted.pdf-Recommending that the publication of adverse findings was sufficient would ./_OFFICIAL_SENSITIVE__Walker_Joel_SoS_decision_redacted.pdf-unacceptably compromise the public interest considerations present in this case, despite ./_OFFICIAL_SENSITIVE__Walker_Joel_SoS_decision_redacted.pdf-the severity of the consequences for Mr Walker of prohibition. ./_OFFICIAL_SENSITIVE__Walker_Joel_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Walker_Joel_SoS_decision_redacted.pdf-The panel was of the view that prohibition was both proportionate and appropriate. The ./_OFFICIAL_SENSITIVE__Walker_Joel_SoS_decision_redacted.pdf-panel decided that the public interest considerations outweighed the interests of Mr ./_OFFICIAL_SENSITIVE__Walker_Joel_SoS_decision_redacted.pdf:Walker. The fact that Mr Walker had engaged in sexually motivated behaviour towards a ./_OFFICIAL_SENSITIVE__Walker_Joel_SoS_decision_redacted.pdf-vulnerable pupil was a significant factor in forming that opinion. This was an egregious ./_OFFICIAL_SENSITIVE__Walker_Joel_SoS_decision_redacted.pdf-instance of professional boundaries being breached, on numerous occasions and in ./_OFFICIAL_SENSITIVE__Walker_Joel_SoS_decision_redacted.pdf-distinct respects over a prolonged period. ./_OFFICIAL_SENSITIVE__Walker_Joel_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Walker_Joel_SoS_decision_redacted.pdf-Mr Walker's actions were deliberate and had had clearly impacted upon Pupil A. The ./_OFFICIAL_SENSITIVE__Walker_Joel_SoS_decision_redacted.pdf-panel had concluded that several behaviours found proved in this case indicated that a ./_OFFICIAL_SENSITIVE__Walker_Joel_SoS_decision_redacted.pdf-prohibition order would be appropriate. In particular, the panel felt that public confidence ./_OFFICIAL_SENSITIVE__Walker_Joel_SoS_decision_redacted.pdf-in the profession would be weakened if conduct of this nature was not treated with the ./_OFFICIAL_SENSITIVE__Walker_Joel_SoS_decision_redacted.pdf-utmost seriousness. ./_OFFICIAL_SENSITIVE__Walker_Joel_SoS_decision_redacted.pdf- -- ./_OFFICIAL_SENSITIVE__Walker_Joel_SoS_decision_redacted.pdf-The panel was mindful that the Advice states that a prohibition order applies for life, but ./_OFFICIAL_SENSITIVE__Walker_Joel_SoS_decision_redacted.pdf-there may be circumstances, in any given case, that may make it appropriate to allow a ./_OFFICIAL_SENSITIVE__Walker_Joel_SoS_decision_redacted.pdf-teacher to apply to have the prohibition order reviewed after a specified period of time ./_OFFICIAL_SENSITIVE__Walker_Joel_SoS_decision_redacted.pdf-that may not be less than 2 years. ./_OFFICIAL_SENSITIVE__Walker_Joel_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Walker_Joel_SoS_decision_redacted.pdf-The Advice indicates that there are behaviours that, if proved, would militate against the ./_OFFICIAL_SENSITIVE__Walker_Joel_SoS_decision_redacted.pdf-recommendation of a review period. ./_OFFICIAL_SENSITIVE__Walker_Joel_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Walker_Joel_SoS_decision_redacted.pdf-These behaviours include: ./_OFFICIAL_SENSITIVE__Walker_Joel_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Walker_Joel_SoS_decision_redacted.pdf: • serious sexual misconduct, e.g. where the act was sexually motivated and ./_OFFICIAL_SENSITIVE__Walker_Joel_SoS_decision_redacted.pdf- resulted in, or had the potential to result in, harm to a person or persons, ./_OFFICIAL_SENSITIVE__Walker_Joel_SoS_decision_redacted.pdf- particularly where the individual has used their professional position to influence ./_OFFICIAL_SENSITIVE__Walker_Joel_SoS_decision_redacted.pdf- or exploit a person or persons; and ./_OFFICIAL_SENSITIVE__Walker_Joel_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Walker_Joel_SoS_decision_redacted.pdf: • any sexual misconduct involving a child. ./_OFFICIAL_SENSITIVE__Walker_Joel_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Walker_Joel_SoS_decision_redacted.pdf-Given the panel's findings, these behaviours were directly applicable in this case. ./_OFFICIAL_SENSITIVE__Walker_Joel_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Walker_Joel_SoS_decision_redacted.pdf-Having regard to the seriousness of the panel's findings and the protracted nature of Mr ./_OFFICIAL_SENSITIVE__Walker_Joel_SoS_decision_redacted.pdf-Walker's conduct in relation to a vulnerable pupil, in circumstances where there was ./_OFFICIAL_SENSITIVE__Walker_Joel_SoS_decision_redacted.pdf-minimal mitigation present, the panel decided that its findings indicated a situation in ./_OFFICIAL_SENSITIVE__Walker_Joel_SoS_decision_redacted.pdf-which a review period would not be appropriate. It was not satisfied, from the evidence ./_OFFICIAL_SENSITIVE__Walker_Joel_SoS_decision_redacted.pdf-presented, that it could be said that Mr Walker had remediated his conduct to an extent ./_OFFICIAL_SENSITIVE__Walker_Joel_SoS_decision_redacted.pdf-that he presented no future risk. ./_OFFICIAL_SENSITIVE__Walker_Joel_SoS_decision_redacted.pdf- -- ./_OFFICIAL_SENSITIVE__Walker_Joel_SoS_decision_redacted.pdf- with statutory provisions ./_OFFICIAL_SENSITIVE__Walker_Joel_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Walker_Joel_SoS_decision_redacted.pdf-  Teachers must have proper and professional regard for the ethos, policies and ./_OFFICIAL_SENSITIVE__Walker_Joel_SoS_decision_redacted.pdf- practices of the school in which they teach, and maintain high standards in their ./_OFFICIAL_SENSITIVE__Walker_Joel_SoS_decision_redacted.pdf- own attendance and punctuality. ./_OFFICIAL_SENSITIVE__Walker_Joel_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Walker_Joel_SoS_decision_redacted.pdf-  Teachers must have an understanding of, and always act within, the statutory ./_OFFICIAL_SENSITIVE__Walker_Joel_SoS_decision_redacted.pdf- frameworks which set out their professional duties and responsibilities. ./_OFFICIAL_SENSITIVE__Walker_Joel_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Walker_Joel_SoS_decision_redacted.pdf-The findings of misconduct are particularly serious as they include, as the panel has set ./_OFFICIAL_SENSITIVE__Walker_Joel_SoS_decision_redacted.pdf:out, “offences of sexual activity and sexual communication with a child were relevant, in ./_OFFICIAL_SENSITIVE__Walker_Joel_SoS_decision_redacted.pdf:broad terms, insofar as Mr Walker had engaged in sexually motivated behaviour towards ./_OFFICIAL_SENSITIVE__Walker_Joel_SoS_decision_redacted.pdf-Pupil A. However, the panel did have in mind that Mr Walker had not committed a ./_OFFICIAL_SENSITIVE__Walker_Joel_SoS_decision_redacted.pdf-criminal offence.” ./_OFFICIAL_SENSITIVE__Walker_Joel_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Walker_Joel_SoS_decision_redacted.pdf-I have to determine whether the imposition of a prohibition order is proportionate and in ./_OFFICIAL_SENSITIVE__Walker_Joel_SoS_decision_redacted.pdf-the public interest. In considering that for this case, I have considered the overall aim of a ./_OFFICIAL_SENSITIVE__Walker_Joel_SoS_decision_redacted.pdf-prohibition order which is to protect pupils and to maintain public confidence in the ./_OFFICIAL_SENSITIVE__Walker_Joel_SoS_decision_redacted.pdf-profession. I have considered the extent to which a prohibition order in this case would ./_OFFICIAL_SENSITIVE__Walker_Joel_SoS_decision_redacted.pdf-achieve that aim taking into account the impact that it will have on the individual teacher. ./_OFFICIAL_SENSITIVE__Walker_Joel_SoS_decision_redacted.pdf-I have also asked myself, whether a less intrusive measure, such as the published ./_OFFICIAL_SENSITIVE__Walker_Joel_SoS_decision_redacted.pdf-finding of unacceptable professional conduct and conduct that may bring the profession ./_OFFICIAL_SENSITIVE__Walker_Joel_SoS_decision_redacted.pdf-into disrepute, would itself be sufficient to achieve the overall aim. I have to consider ./_OFFICIAL_SENSITIVE__Walker_Joel_SoS_decision_redacted.pdf-whether the consequences of such a publication are themselves sufficient. I have ./_OFFICIAL_SENSITIVE__Walker_Joel_SoS_decision_redacted.pdf-considered therefore whether or not prohibiting Mr Walker, and the impact that will have ./_OFFICIAL_SENSITIVE__Walker_Joel_SoS_decision_redacted.pdf-on the teacher, is proportionate and in the public interest. ./_OFFICIAL_SENSITIVE__Walker_Joel_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Walker_Joel_SoS_decision_redacted.pdf-In this case, I have considered the extent to which a prohibition order would protect ./_OFFICIAL_SENSITIVE__Walker_Joel_SoS_decision_redacted.pdf-children and safeguard pupils. The panel has observed, “The panel considered this to be ./_OFFICIAL_SENSITIVE__Walker_Joel_SoS_decision_redacted.pdf-an egregious breach of professional boundaries and his failings were deliberate, ./_OFFICIAL_SENSITIVE__Walker_Joel_SoS_decision_redacted.pdf:persistent and very serious. Not least, Mr Walker engaged in sexually motivated ./_OFFICIAL_SENSITIVE__Walker_Joel_SoS_decision_redacted.pdf-behaviour towards a pupil. By definition, his actions occurred within the education setting ./_OFFICIAL_SENSITIVE__Walker_Joel_SoS_decision_redacted.pdf-as well as extending, in certain respects, to his behaviour outside of school. There was ./_OFFICIAL_SENSITIVE__Walker_Joel_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Walker_Joel_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Walker_Joel_SoS_decision_redacted.pdf- 17 ./_OFFICIAL_SENSITIVE__Walker_Joel_SoS_decision_redacted.pdf- -- ./_OFFICIAL_SENSITIVE__Walker_Joel_SoS_decision_redacted.pdf-there is some risk of the repetition of this behaviour and this puts at risk the future ./_OFFICIAL_SENSITIVE__Walker_Joel_SoS_decision_redacted.pdf-wellbeing of pupils. I have therefore given this element considerable weight in reaching ./_OFFICIAL_SENSITIVE__Walker_Joel_SoS_decision_redacted.pdf-my decision. ./_OFFICIAL_SENSITIVE__Walker_Joel_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Walker_Joel_SoS_decision_redacted.pdf-I have gone on to consider the extent to which a prohibition order would maintain public ./_OFFICIAL_SENSITIVE__Walker_Joel_SoS_decision_redacted.pdf-confidence in the profession. The panel observe, “the panel took into account the way the ./_OFFICIAL_SENSITIVE__Walker_Joel_SoS_decision_redacted.pdf-teaching profession is viewed by others and considered the influence that teachers may ./_OFFICIAL_SENSITIVE__Walker_Joel_SoS_decision_redacted.pdf-have on pupils, parents and others in the community. The panel also took account of the ./_OFFICIAL_SENSITIVE__Walker_Joel_SoS_decision_redacted.pdf-uniquely influential role that teachers can hold in pupils’ lives and the fact that pupils must ./_OFFICIAL_SENSITIVE__Walker_Joel_SoS_decision_redacted.pdf-be able to view teachers as role models in the way they behave.” I am particularly mindful ./_OFFICIAL_SENSITIVE__Walker_Joel_SoS_decision_redacted.pdf:of the finding of sexual misconduct in this case and the impact that such a finding has on ./_OFFICIAL_SENSITIVE__Walker_Joel_SoS_decision_redacted.pdf-the reputation of the profession. ./_OFFICIAL_SENSITIVE__Walker_Joel_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Walker_Joel_SoS_decision_redacted.pdf-I have had to consider that the public has a high expectation of professional standards of ./_OFFICIAL_SENSITIVE__Walker_Joel_SoS_decision_redacted.pdf-all teachers and that the public might regard a failure to impose a prohibition order as a ./_OFFICIAL_SENSITIVE__Walker_Joel_SoS_decision_redacted.pdf-failure to uphold those high standards. In weighing these considerations, I have had to ./_OFFICIAL_SENSITIVE__Walker_Joel_SoS_decision_redacted.pdf-consider the matter from the point of view of an “ordinary intelligent and well-informed ./_OFFICIAL_SENSITIVE__Walker_Joel_SoS_decision_redacted.pdf-citizen.” ./_OFFICIAL_SENSITIVE__Walker_Joel_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Walker_Joel_SoS_decision_redacted.pdf-I have considered whether the publication of a finding of unacceptable professional ./_OFFICIAL_SENSITIVE__Walker_Joel_SoS_decision_redacted.pdf-conduct, in the absence of a prohibition order, can itself be regarded by such a person as -- ./_OFFICIAL_SENSITIVE__Walker_Joel_SoS_decision_redacted.pdf-In this case, I have placed considerable weight on the panel’s comments, “The panel ./_OFFICIAL_SENSITIVE__Walker_Joel_SoS_decision_redacted.pdf-decided that the public interest considerations outweighed the interests of Mr Walker. ./_OFFICIAL_SENSITIVE__Walker_Joel_SoS_decision_redacted.pdf:The fact that Mr Walker had engaged in sexually motivated behaviour towards a ./_OFFICIAL_SENSITIVE__Walker_Joel_SoS_decision_redacted.pdf-vulnerable pupil was a significant factor in forming that opinion. This was an egregious ./_OFFICIAL_SENSITIVE__Walker_Joel_SoS_decision_redacted.pdf-instance of professional boundaries being breached, on numerous occasions and in ./_OFFICIAL_SENSITIVE__Walker_Joel_SoS_decision_redacted.pdf-distinct respects over a prolonged period. ./_OFFICIAL_SENSITIVE__Walker_Joel_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Walker_Joel_SoS_decision_redacted.pdf-Mr Walker's actions were deliberate and had had clearly impacted upon Pupil A. The ./_OFFICIAL_SENSITIVE__Walker_Joel_SoS_decision_redacted.pdf-panel had concluded that several behaviours found proved in this case indicated that a ./_OFFICIAL_SENSITIVE__Walker_Joel_SoS_decision_redacted.pdf-prohibition order would be appropriate.” ./_OFFICIAL_SENSITIVE__Walker_Joel_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Walker_Joel_SoS_decision_redacted.pdf-I have given less weight in my consideration of sanction therefore, to the contribution that ./_OFFICIAL_SENSITIVE__Walker_Joel_SoS_decision_redacted.pdf-Mr Walker has made to the profession. In my view, it is necessary to impose a prohibition ./_OFFICIAL_SENSITIVE__Wallace_James_Alex_SoS_decision_redacted.pdf-But the panel also took account of the way the teaching profession is viewed by others. ./_OFFICIAL_SENSITIVE__Wallace_James_Alex_SoS_decision_redacted.pdf-The panel considered that Mr Wallace's behaviour in committing the offences could affect ./_OFFICIAL_SENSITIVE__Wallace_James_Alex_SoS_decision_redacted.pdf-public confidence in the teaching profession, given the influence that teachers may have ./_OFFICIAL_SENSITIVE__Wallace_James_Alex_SoS_decision_redacted.pdf-on pupils, parents and others in the community. ./_OFFICIAL_SENSITIVE__Wallace_James_Alex_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Wallace_James_Alex_SoS_decision_redacted.pdf-The panel noted that Mr Wallace's behaviour did not lead to a sentence of imprisonment ./_OFFICIAL_SENSITIVE__Wallace_James_Alex_SoS_decision_redacted.pdf-(he was sentenced to a community order), which was indicative that the offences was at ./_OFFICIAL_SENSITIVE__Wallace_James_Alex_SoS_decision_redacted.pdf-the less serious end of the possible spectrum from a criminal law perspective. ./_OFFICIAL_SENSITIVE__Wallace_James_Alex_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Wallace_James_Alex_SoS_decision_redacted.pdf-However, two of the offences (set out in allegations 1c and 2) involved intolerance on the ./_OFFICIAL_SENSITIVE__Wallace_James_Alex_SoS_decision_redacted.pdf:grounds of race or sexual orientation. Mr Wallace used racist and homophobic terms as ./_OFFICIAL_SENSITIVE__Wallace_James_Alex_SoS_decision_redacted.pdf-insults towards police officers who were trying to help him, to maintain the safety of the ./_OFFICIAL_SENSITIVE__Wallace_James_Alex_SoS_decision_redacted.pdf-public around him, and to uphold the rule of law. The Advice states that offences ./_OFFICIAL_SENSITIVE__Wallace_James_Alex_SoS_decision_redacted.pdf:involving intolerance on the grounds of race or sexual orientation are likely to be ./_OFFICIAL_SENSITIVE__Wallace_James_Alex_SoS_decision_redacted.pdf-considered a relevant offence. ./_OFFICIAL_SENSITIVE__Wallace_James_Alex_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Wallace_James_Alex_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Wallace_James_Alex_SoS_decision_redacted.pdf- 7 ./_OFFICIAL_SENSITIVE__Wallace_James_Alex_SoS_decision_redacted.pdf- ./_Official_Sensitive__Wayne_Howe_SoS_Decision_Redacted.pdf- a. on or around 30 January 2019, contacting Pupil A’s mother to offer Pupil A ./_Official_Sensitive__Wayne_Howe_SoS_Decision_Redacted.pdf- [redacted]; ./_Official_Sensitive__Wayne_Howe_SoS_Decision_Redacted.pdf- ./_Official_Sensitive__Wayne_Howe_SoS_Decision_Redacted.pdf- b. on or around 8 March 2019, telling Pupil A that he liked her; ./_Official_Sensitive__Wayne_Howe_SoS_Decision_Redacted.pdf- ./_Official_Sensitive__Wayne_Howe_SoS_Decision_Redacted.pdf- c. on or around 8 March 2019, informing Pupil A that his marriage was unstable; ./_Official_Sensitive__Wayne_Howe_SoS_Decision_Redacted.pdf- ./_Official_Sensitive__Wayne_Howe_SoS_Decision_Redacted.pdf- d. on or around 8 March 2019, stating to Pupil A that he wanted to ask her to be his ./_Official_Sensitive__Wayne_Howe_SoS_Decision_Redacted.pdf- girlfriend once she left the school; ./_Official_Sensitive__Wayne_Howe_SoS_Decision_Redacted.pdf- ./_Official_Sensitive__Wayne_Howe_SoS_Decision_Redacted.pdf:2. His behaviour as may be found proven at allegation 1d was conduct of a sexual nature ./_Official_Sensitive__Wayne_Howe_SoS_Decision_Redacted.pdf: and/or was sexually motivated; ./_Official_Sensitive__Wayne_Howe_SoS_Decision_Redacted.pdf- ./_Official_Sensitive__Wayne_Howe_SoS_Decision_Redacted.pdf-3. He sought to conceal his conduct at allegation 1d, including by on or around 8 March ./_Official_Sensitive__Wayne_Howe_SoS_Decision_Redacted.pdf- 2019; ./_Official_Sensitive__Wayne_Howe_SoS_Decision_Redacted.pdf- ./_Official_Sensitive__Wayne_Howe_SoS_Decision_Redacted.pdf- a. asking Pupil A not to disclose that he had asked her to be his girlfriend; ./_Official_Sensitive__Wayne_Howe_SoS_Decision_Redacted.pdf- ./_Official_Sensitive__Wayne_Howe_SoS_Decision_Redacted.pdf- b. suggesting to Pupil A he would lose his job if she disclosed that he had asked her ./_Official_Sensitive__Wayne_Howe_SoS_Decision_Redacted.pdf- to be his girlfriend; ./_Official_Sensitive__Wayne_Howe_SoS_Decision_Redacted.pdf- ./_Official_Sensitive__Wayne_Howe_SoS_Decision_Redacted.pdf- 4. His conduct as may be found proven at 3 above lacked integrity and/or was -- ./_Official_Sensitive__Wayne_Howe_SoS_Decision_Redacted.pdf-of this allegation over time. The panel preferred the documentary evidence that was ./_Official_Sensitive__Wayne_Howe_SoS_Decision_Redacted.pdf-provided from Pupil A and the oral witness evidence it heard. The panel considered that ./_Official_Sensitive__Wayne_Howe_SoS_Decision_Redacted.pdf-Mr Howe’s conduct amounted to a failure to maintain appropriate professional ./_Official_Sensitive__Wayne_Howe_SoS_Decision_Redacted.pdf-boundaries. ./_Official_Sensitive__Wayne_Howe_SoS_Decision_Redacted.pdf- ./_Official_Sensitive__Wayne_Howe_SoS_Decision_Redacted.pdf-Accordingly, the panel considered this allegation to be well founded. ./_Official_Sensitive__Wayne_Howe_SoS_Decision_Redacted.pdf- ./_Official_Sensitive__Wayne_Howe_SoS_Decision_Redacted.pdf-In summary, the panel found allegations 1.a., 1.b. and 1.d. to be proven. The panel did ./_Official_Sensitive__Wayne_Howe_SoS_Decision_Redacted.pdf-not find allegation 1.c. proven. ./_Official_Sensitive__Wayne_Howe_SoS_Decision_Redacted.pdf- ./_Official_Sensitive__Wayne_Howe_SoS_Decision_Redacted.pdf:2. Your behaviour as may be found proven at allegation 1d was conduct of a sexual ./_Official_Sensitive__Wayne_Howe_SoS_Decision_Redacted.pdf: nature and/or was sexually motivated; ./_Official_Sensitive__Wayne_Howe_SoS_Decision_Redacted.pdf- ./_Official_Sensitive__Wayne_Howe_SoS_Decision_Redacted.pdf-Having found allegation 1.d. proven, the panel went on to consider whether Mr Howe’s ./_Official_Sensitive__Wayne_Howe_SoS_Decision_Redacted.pdf:conduct was conduct of a sexual nature and/or was sexually motivated. ./_Official_Sensitive__Wayne_Howe_SoS_Decision_Redacted.pdf- ./_Official_Sensitive__Wayne_Howe_SoS_Decision_Redacted.pdf-The panel considered Mr Howe’s explanation in respect of allegation 1.d. as referred to ./_Official_Sensitive__Wayne_Howe_SoS_Decision_Redacted.pdf-above. ./_Official_Sensitive__Wayne_Howe_SoS_Decision_Redacted.pdf- ./_Official_Sensitive__Wayne_Howe_SoS_Decision_Redacted.pdf- ./_Official_Sensitive__Wayne_Howe_SoS_Decision_Redacted.pdf- ./_Official_Sensitive__Wayne_Howe_SoS_Decision_Redacted.pdf- ./_Official_Sensitive__Wayne_Howe_SoS_Decision_Redacted.pdf- 10 ./_Official_Sensitive__Wayne_Howe_SoS_Decision_Redacted.pdf- -- ./_Official_Sensitive__Wayne_Howe_SoS_Decision_Redacted.pdf-The panel’s attention was drawn to section 78 Sexual Offences Act 2003 and to the ./_Official_Sensitive__Wayne_Howe_SoS_Decision_Redacted.pdf-cases of Sait v The General Medical Council [2018], Basson v General Medical Council ./_Official_Sensitive__Wayne_Howe_SoS_Decision_Redacted.pdf-[2018] and The General Medical Counsel v Haris [2020] EWHC 2518. ./_Official_Sensitive__Wayne_Howe_SoS_Decision_Redacted.pdf- ./_Official_Sensitive__Wayne_Howe_SoS_Decision_Redacted.pdf:The panel considered whether the conduct was sexually motivated. It noted that in ./_Official_Sensitive__Wayne_Howe_SoS_Decision_Redacted.pdf:Basson it was stated that “A sexual motive means that the conduct was done either in ./_Official_Sensitive__Wayne_Howe_SoS_Decision_Redacted.pdf:pursuit of sexual gratification or in pursuit of a sexual relationship”. ./_Official_Sensitive__Wayne_Howe_SoS_Decision_Redacted.pdf- ./_Official_Sensitive__Wayne_Howe_SoS_Decision_Redacted.pdf-The panel considered Mr Howe’s comment to Individual A that he had “read it all wrong” ./_Official_Sensitive__Wayne_Howe_SoS_Decision_Redacted.pdf-and concluded that Mr Howe had believed that Pupil A liked him and/or might want to ./_Official_Sensitive__Wayne_Howe_SoS_Decision_Redacted.pdf-pursue a relationship with him. ./_Official_Sensitive__Wayne_Howe_SoS_Decision_Redacted.pdf- ./_Official_Sensitive__Wayne_Howe_SoS_Decision_Redacted.pdf-The panel was of the view that there was no evidence to suggest that Mr Howe’s conduct ./_Official_Sensitive__Wayne_Howe_SoS_Decision_Redacted.pdf:was done in the pursuit of sexual gratification. However, it considered that, on the ./_Official_Sensitive__Wayne_Howe_SoS_Decision_Redacted.pdf:balance of probabilities, his conduct was in the pursuit of a sexual relationship. ./_Official_Sensitive__Wayne_Howe_SoS_Decision_Redacted.pdf- ./_Official_Sensitive__Wayne_Howe_SoS_Decision_Redacted.pdf-The panel reached this conclusion on the basis that Mr Howe had told Pupil A that he ./_Official_Sensitive__Wayne_Howe_SoS_Decision_Redacted.pdf-wanted to ask her to be his girlfriend. The panel was therefore of the view that Mr Howe ./_Official_Sensitive__Wayne_Howe_SoS_Decision_Redacted.pdf-wanted to pursue a romantic relationship with Pupil A, which was likely to involve and/or ./_Official_Sensitive__Wayne_Howe_SoS_Decision_Redacted.pdf:develop into a sexual relationship. The panel felt that, in speaking to Pupil A as he did, ./_Official_Sensitive__Wayne_Howe_SoS_Decision_Redacted.pdf-Mr Howe was seeking to lay the foundations for a future relationship with Pupil A and that ./_Official_Sensitive__Wayne_Howe_SoS_Decision_Redacted.pdf:his conduct was, on balance, in pursuit of a sexual relationship. ./_Official_Sensitive__Wayne_Howe_SoS_Decision_Redacted.pdf- ./_Official_Sensitive__Wayne_Howe_SoS_Decision_Redacted.pdf-The panel therefore found this allegation proven. ./_Official_Sensitive__Wayne_Howe_SoS_Decision_Redacted.pdf- ./_Official_Sensitive__Wayne_Howe_SoS_Decision_Redacted.pdf-3. You sought to conceal your conduct at allegation 1d, including by on or around ./_Official_Sensitive__Wayne_Howe_SoS_Decision_Redacted.pdf- 8 March 2019; ./_Official_Sensitive__Wayne_Howe_SoS_Decision_Redacted.pdf- ./_Official_Sensitive__Wayne_Howe_SoS_Decision_Redacted.pdf- a. asking Pupil A not to disclose that you had asked her to be your girlfriend; ./_Official_Sensitive__Wayne_Howe_SoS_Decision_Redacted.pdf- ./_Official_Sensitive__Wayne_Howe_SoS_Decision_Redacted.pdf- b. suggesting to Pupil A you would lose your job if she disclosed that you had ./_Official_Sensitive__Wayne_Howe_SoS_Decision_Redacted.pdf- asked her to be your girlfriend; -- ./_Official_Sensitive__Wayne_Howe_SoS_Decision_Redacted.pdf-protection of pupils, the protection of other members of the public, the maintenance of ./_Official_Sensitive__Wayne_Howe_SoS_Decision_Redacted.pdf-public confidence in the profession and declaring and upholding proper standards of ./_Official_Sensitive__Wayne_Howe_SoS_Decision_Redacted.pdf-conduct. ./_Official_Sensitive__Wayne_Howe_SoS_Decision_Redacted.pdf- ./_Official_Sensitive__Wayne_Howe_SoS_Decision_Redacted.pdf-In the light of the panel’s findings against Mr Howe which involved a failure to maintain ./_Official_Sensitive__Wayne_Howe_SoS_Decision_Redacted.pdf:appropriate professional boundaries, sexually motivated conduct, dishonesty and a lack ./_Official_Sensitive__Wayne_Howe_SoS_Decision_Redacted.pdf-of integrity, there was a strong public interest consideration in respect of the protection of ./_Official_Sensitive__Wayne_Howe_SoS_Decision_Redacted.pdf-pupils. ./_Official_Sensitive__Wayne_Howe_SoS_Decision_Redacted.pdf- ./_Official_Sensitive__Wayne_Howe_SoS_Decision_Redacted.pdf-Similarly, the panel considered that public confidence in the profession could be seriously ./_Official_Sensitive__Wayne_Howe_SoS_Decision_Redacted.pdf-weakened if conduct such as that found against Mr Howe were not treated with the ./_Official_Sensitive__Wayne_Howe_SoS_Decision_Redacted.pdf-utmost seriousness when regulating the conduct of the profession. ./_Official_Sensitive__Wayne_Howe_SoS_Decision_Redacted.pdf- ./_Official_Sensitive__Wayne_Howe_SoS_Decision_Redacted.pdf-The panel was of the view that a strong public interest consideration in declaring proper ./_Official_Sensitive__Wayne_Howe_SoS_Decision_Redacted.pdf-standards of conduct in the profession was also present as the conduct found against Mr ./_Official_Sensitive__Wayne_Howe_SoS_Decision_Redacted.pdf-Howe was outside that which could reasonably be tolerated. -- ./_Official_Sensitive__Wayne_Howe_SoS_Decision_Redacted.pdf- ./_Official_Sensitive__Wayne_Howe_SoS_Decision_Redacted.pdf-  misconduct seriously affecting the education and/or well-being of pupils, and ./_Official_Sensitive__Wayne_Howe_SoS_Decision_Redacted.pdf- particularly where there is a continuing risk; ./_Official_Sensitive__Wayne_Howe_SoS_Decision_Redacted.pdf- ./_Official_Sensitive__Wayne_Howe_SoS_Decision_Redacted.pdf-  abuse of position or trust (particularly involving vulnerable pupils) or violation of the ./_Official_Sensitive__Wayne_Howe_SoS_Decision_Redacted.pdf- rights of pupils; ./_Official_Sensitive__Wayne_Howe_SoS_Decision_Redacted.pdf- ./_Official_Sensitive__Wayne_Howe_SoS_Decision_Redacted.pdf-  dishonesty especially where there have been serious consequences, and/or it has ./_Official_Sensitive__Wayne_Howe_SoS_Decision_Redacted.pdf- been repeated and/or covered up; and ./_Official_Sensitive__Wayne_Howe_SoS_Decision_Redacted.pdf- ./_Official_Sensitive__Wayne_Howe_SoS_Decision_Redacted.pdf:  sexual misconduct, for example, involving actions that were sexually motivated or ./_Official_Sensitive__Wayne_Howe_SoS_Decision_Redacted.pdf: of a sexual nature and/or that use or exploit the trust, knowledge or influence ./_Official_Sensitive__Wayne_Howe_SoS_Decision_Redacted.pdf- derived from the individual’s professional position. ./_Official_Sensitive__Wayne_Howe_SoS_Decision_Redacted.pdf- ./_Official_Sensitive__Wayne_Howe_SoS_Decision_Redacted.pdf-Even though some of the behaviour found proved in this case indicated that a prohibition ./_Official_Sensitive__Wayne_Howe_SoS_Decision_Redacted.pdf-order would be appropriate, the panel went on to consider the mitigating factors. ./_Official_Sensitive__Wayne_Howe_SoS_Decision_Redacted.pdf-Mitigating factors may indicate that a prohibition order would not be appropriate or ./_Official_Sensitive__Wayne_Howe_SoS_Decision_Redacted.pdf-proportionate. ./_Official_Sensitive__Wayne_Howe_SoS_Decision_Redacted.pdf- ./_Official_Sensitive__Wayne_Howe_SoS_Decision_Redacted.pdf- 14 ./_Official_Sensitive__Wayne_Howe_SoS_Decision_Redacted.pdf- -- ./_Official_Sensitive__Wayne_Howe_SoS_Decision_Redacted.pdf- ./_Official_Sensitive__Wayne_Howe_SoS_Decision_Redacted.pdf-The panel went on to consider whether or not it would be appropriate for it to decide to ./_Official_Sensitive__Wayne_Howe_SoS_Decision_Redacted.pdf-recommend a review period of the order. The panel was mindful that the Advice states ./_Official_Sensitive__Wayne_Howe_SoS_Decision_Redacted.pdf-that a prohibition order applies for life, but there may be circumstances, in any given ./_Official_Sensitive__Wayne_Howe_SoS_Decision_Redacted.pdf-case, that may make it appropriate to allow a teacher to apply to have the prohibition ./_Official_Sensitive__Wayne_Howe_SoS_Decision_Redacted.pdf-order reviewed after a specified period of time that may not be less than 2 years. ./_Official_Sensitive__Wayne_Howe_SoS_Decision_Redacted.pdf- ./_Official_Sensitive__Wayne_Howe_SoS_Decision_Redacted.pdf-The Advice indicates that there are behaviours that, if proved, would militate against the ./_Official_Sensitive__Wayne_Howe_SoS_Decision_Redacted.pdf-recommendation of a review period. The panel did not consider any of the factors set out ./_Official_Sensitive__Wayne_Howe_SoS_Decision_Redacted.pdf-on page 15 of the Advice were relevant in this case. Whilst the panel had concluded that ./_Official_Sensitive__Wayne_Howe_SoS_Decision_Redacted.pdf:Mr Howe’s conduct was sexually motivated, it did not consider that this amounted to ./_Official_Sensitive__Wayne_Howe_SoS_Decision_Redacted.pdf:serious sexual misconduct. ./_Official_Sensitive__Wayne_Howe_SoS_Decision_Redacted.pdf- ./_Official_Sensitive__Wayne_Howe_SoS_Decision_Redacted.pdf-However, the panel did not consider Mr Howe’s conduct to be acceptable. In particular, ./_Official_Sensitive__Wayne_Howe_SoS_Decision_Redacted.pdf-the panel was concerned about the persistence with which Mr Howe had sought to ./_Official_Sensitive__Wayne_Howe_SoS_Decision_Redacted.pdf-provide [redacted] to Pupil A, the wholly inappropriate nature of his conversation with ./_Official_Sensitive__Wayne_Howe_SoS_Decision_Redacted.pdf-Pupil A on 8 March 2019, his repeated references to Pupil A having lied and/or not told ./_Official_Sensitive__Wayne_Howe_SoS_Decision_Redacted.pdf-the truth about what happened that day and his complete lack of insight. Of particular ./_Official_Sensitive__Wayne_Howe_SoS_Decision_Redacted.pdf-concern was the fact that Mr Howe had sought to conceal his actions and, were it not for ./_Official_Sensitive__Wayne_Howe_SoS_Decision_Redacted.pdf-Pupil A’s courage in reporting them, this matter may not have come before a professional ./_Official_Sensitive__Wayne_Howe_SoS_Decision_Redacted.pdf-conduct panel of the TRA. The panel considered that Mr Howe’s conduct bordered on ./_Official_Sensitive__Wayne_Howe_SoS_Decision_Redacted.pdf:grooming and was incompatible with being a teacher. ./_Official_Sensitive__Wayne_Howe_SoS_Decision_Redacted.pdf- ./_Official_Sensitive__Wayne_Howe_SoS_Decision_Redacted.pdf-The panel decided that the findings indicated a situation in which a review period would ./_Official_Sensitive__Wayne_Howe_SoS_Decision_Redacted.pdf-not be appropriate and, as such, decided that it would be proportionate, in all the ./_Official_Sensitive__Wayne_Howe_SoS_Decision_Redacted.pdf-circumstances, for the prohibition order to be recommended without provisions for a ./_Official_Sensitive__Wayne_Howe_SoS_Decision_Redacted.pdf-review period. ./_Official_Sensitive__Wayne_Howe_SoS_Decision_Redacted.pdf- ./_Official_Sensitive__Wayne_Howe_SoS_Decision_Redacted.pdf- ./_Official_Sensitive__Wayne_Howe_SoS_Decision_Redacted.pdf-Decision and reasons on behalf of the Secretary of State ./_Official_Sensitive__Wayne_Howe_SoS_Decision_Redacted.pdf-I have given very careful consideration to this case and to the recommendation of the ./_Official_Sensitive__Wayne_Howe_SoS_Decision_Redacted.pdf-panel in respect of both sanction and review period. -- ./_Official_Sensitive__Wayne_Howe_SoS_Decision_Redacted.pdf-  Teachers must have proper and professional regard for the ethos, policies and ./_Official_Sensitive__Wayne_Howe_SoS_Decision_Redacted.pdf- practices of the school in which they teach. ./_Official_Sensitive__Wayne_Howe_SoS_Decision_Redacted.pdf- ./_Official_Sensitive__Wayne_Howe_SoS_Decision_Redacted.pdf-  Teachers must have an understanding of, and always act within, the statutory ./_Official_Sensitive__Wayne_Howe_SoS_Decision_Redacted.pdf- frameworks which set out their professional duties and responsibilities. ./_Official_Sensitive__Wayne_Howe_SoS_Decision_Redacted.pdf- ./_Official_Sensitive__Wayne_Howe_SoS_Decision_Redacted.pdf-The panel finds that the conduct of Mr Howe fell significantly short of the standards ./_Official_Sensitive__Wayne_Howe_SoS_Decision_Redacted.pdf-expected of the profession. ./_Official_Sensitive__Wayne_Howe_SoS_Decision_Redacted.pdf- ./_Official_Sensitive__Wayne_Howe_SoS_Decision_Redacted.pdf-The findings of misconduct are particularly serious as they include a finding of a failure to ./_Official_Sensitive__Wayne_Howe_SoS_Decision_Redacted.pdf:maintain appropriate professional boundaries, sexually motivated conduct, dishonesty ./_Official_Sensitive__Wayne_Howe_SoS_Decision_Redacted.pdf-and a lack of integrity. ./_Official_Sensitive__Wayne_Howe_SoS_Decision_Redacted.pdf- ./_Official_Sensitive__Wayne_Howe_SoS_Decision_Redacted.pdf-I have to determine whether the imposition of a prohibition order is proportionate and in ./_Official_Sensitive__Wayne_Howe_SoS_Decision_Redacted.pdf-the public interest. In considering that for this case, I have considered the overall aim of a ./_Official_Sensitive__Wayne_Howe_SoS_Decision_Redacted.pdf-prohibition order which is to protect pupils and to maintain public confidence in the ./_Official_Sensitive__Wayne_Howe_SoS_Decision_Redacted.pdf-profession. I have considered the extent to which a prohibition order in this case would ./_Official_Sensitive__Wayne_Howe_SoS_Decision_Redacted.pdf-achieve that aim taking into account the impact that it will have on the individual teacher. ./_Official_Sensitive__Wayne_Howe_SoS_Decision_Redacted.pdf-I have also asked myself, whether a less intrusive measure, such as the published ./_Official_Sensitive__Wayne_Howe_SoS_Decision_Redacted.pdf-finding of unacceptable professional conduct and conduct that may bring the profession ./_Official_Sensitive__Wayne_Howe_SoS_Decision_Redacted.pdf-into disrepute, would itself be sufficient to achieve the overall aim. I have to consider -- ./_Official_Sensitive__Wayne_Howe_SoS_Decision_Redacted.pdf-panel took this into account. However, the panel was very concerned that Mr Howe ./_Official_Sensitive__Wayne_Howe_SoS_Decision_Redacted.pdf-demonstrated a complete lack of insight into his actions. Mr Howe did not admit to all of ./_Official_Sensitive__Wayne_Howe_SoS_Decision_Redacted.pdf-the allegations and, where he did appear to admit to certain parts of the allegations, he ./_Official_Sensitive__Wayne_Howe_SoS_Decision_Redacted.pdf-sought to qualify his admissions.”. In my judgement, the lack of full insight means that ./_Official_Sensitive__Wayne_Howe_SoS_Decision_Redacted.pdf-there is some risk of the repetition of this behaviour and this puts pupils at risk. I have ./_Official_Sensitive__Wayne_Howe_SoS_Decision_Redacted.pdf-therefore given this element considerable weight in reaching my decision. ./_Official_Sensitive__Wayne_Howe_SoS_Decision_Redacted.pdf- ./_Official_Sensitive__Wayne_Howe_SoS_Decision_Redacted.pdf-I have gone on to consider the extent to which a prohibition order would maintain public ./_Official_Sensitive__Wayne_Howe_SoS_Decision_Redacted.pdf-confidence in the profession. The panel observe, “In the light of the panel’s findings ./_Official_Sensitive__Wayne_Howe_SoS_Decision_Redacted.pdf-against Mr Howe which involved a failure to maintain appropriate professional ./_Official_Sensitive__Wayne_Howe_SoS_Decision_Redacted.pdf:boundaries, sexually motivated conduct, dishonesty and a lack of integrity, there was a ./_Official_Sensitive__Wayne_Howe_SoS_Decision_Redacted.pdf-strong public interest consideration in respect of the protection of pupils”. I am particularly ./_Official_Sensitive__Wayne_Howe_SoS_Decision_Redacted.pdf:mindful of the finding of sexual motivation in this case and the impact that such a finding ./_Official_Sensitive__Wayne_Howe_SoS_Decision_Redacted.pdf-has on the reputation of the profession. ./_Official_Sensitive__Wayne_Howe_SoS_Decision_Redacted.pdf- ./_Official_Sensitive__Wayne_Howe_SoS_Decision_Redacted.pdf-I have had to consider that the public has a high expectation of professional standards of ./_Official_Sensitive__Wayne_Howe_SoS_Decision_Redacted.pdf-all teachers and that the public might regard a failure to impose a prohibition order as a ./_Official_Sensitive__Wayne_Howe_SoS_Decision_Redacted.pdf-failure to uphold those high standards. In weighing these considerations, I have had to ./_Official_Sensitive__Wayne_Howe_SoS_Decision_Redacted.pdf-consider the matter from the point of view of an “ordinary intelligent and well-informed ./_Official_Sensitive__Wayne_Howe_SoS_Decision_Redacted.pdf-citizen.” ./_Official_Sensitive__Wayne_Howe_SoS_Decision_Redacted.pdf- ./_Official_Sensitive__Wayne_Howe_SoS_Decision_Redacted.pdf-I have considered whether the publication of a finding of unacceptable professional ./_Official_Sensitive__Wayne_Howe_SoS_Decision_Redacted.pdf-conduct, in the absence of a prohibition order, can itself be regarded by such a person as -- ./_Official_Sensitive__Wayne_Howe_SoS_Decision_Redacted.pdf-does not in my view satisfy the public interest requirement concerning public confidence ./_Official_Sensitive__Wayne_Howe_SoS_Decision_Redacted.pdf-in the profession. ./_Official_Sensitive__Wayne_Howe_SoS_Decision_Redacted.pdf- ./_Official_Sensitive__Wayne_Howe_SoS_Decision_Redacted.pdf-For these reasons, I have concluded that a prohibition order is proportionate and in the ./_Official_Sensitive__Wayne_Howe_SoS_Decision_Redacted.pdf-public interest in order to achieve the intended aims of a prohibition order. ./_Official_Sensitive__Wayne_Howe_SoS_Decision_Redacted.pdf- ./_Official_Sensitive__Wayne_Howe_SoS_Decision_Redacted.pdf-I have gone on to consider the matter of a review period. In this case, the panel has ./_Official_Sensitive__Wayne_Howe_SoS_Decision_Redacted.pdf-recommended that no provision should be made for a review period. ./_Official_Sensitive__Wayne_Howe_SoS_Decision_Redacted.pdf- ./_Official_Sensitive__Wayne_Howe_SoS_Decision_Redacted.pdf-I have considered the panel’s comments “Whilst the panel had concluded that Mr Howe’s ./_Official_Sensitive__Wayne_Howe_SoS_Decision_Redacted.pdf:conduct was sexually motivated, it did not consider that this amounted to serious sexual ./_Official_Sensitive__Wayne_Howe_SoS_Decision_Redacted.pdf-misconduct. However, the panel did not consider Mr Howe’s conduct to be acceptable. In ./_Official_Sensitive__Wayne_Howe_SoS_Decision_Redacted.pdf-particular, the panel was concerned about the persistence with which Mr Howe had ./_Official_Sensitive__Wayne_Howe_SoS_Decision_Redacted.pdf-sought to provide [redacted] to Pupil A, the wholly inappropriate nature of his ./_Official_Sensitive__Wayne_Howe_SoS_Decision_Redacted.pdf-conversation with Pupil A on 8 March 2019, his repeated references to Pupil A having ./_Official_Sensitive__Wayne_Howe_SoS_Decision_Redacted.pdf-lied and/or not told the truth about what happened that day and his complete lack of ./_Official_Sensitive__Wayne_Howe_SoS_Decision_Redacted.pdf-insight”. ./_Official_Sensitive__Wayne_Howe_SoS_Decision_Redacted.pdf- ./_Official_Sensitive__Wayne_Howe_SoS_Decision_Redacted.pdf-I have considered whether not allowing a review period reflects the seriousness of the ./_Official_Sensitive__Wayne_Howe_SoS_Decision_Redacted.pdf-findings and is a proportionate period to achieve the aim of maintaining public confidence ./_Official_Sensitive__Wayne_Howe_SoS_Decision_Redacted.pdf-in the profession. In this case, a number factors mean that a two-year review period is ./_OFFICIAL_SENSITIVE__Web_Decision_-_Stanway__John.pdf-Teacher: John Stanway ./_OFFICIAL_SENSITIVE__Web_Decision_-_Stanway__John.pdf- ./_OFFICIAL_SENSITIVE__Web_Decision_-_Stanway__John.pdf-Teacher ref number: 0973021 ./_OFFICIAL_SENSITIVE__Web_Decision_-_Stanway__John.pdf- ./_OFFICIAL_SENSITIVE__Web_Decision_-_Stanway__John.pdf-Teacher date of birth: 24 March 1973 ./_OFFICIAL_SENSITIVE__Web_Decision_-_Stanway__John.pdf- ./_OFFICIAL_SENSITIVE__Web_Decision_-_Stanway__John.pdf-TRA reference: 17050 ./_OFFICIAL_SENSITIVE__Web_Decision_-_Stanway__John.pdf- ./_OFFICIAL_SENSITIVE__Web_Decision_-_Stanway__John.pdf-Date of determination: 29 July 2019 ./_OFFICIAL_SENSITIVE__Web_Decision_-_Stanway__John.pdf- ./_OFFICIAL_SENSITIVE__Web_Decision_-_Stanway__John.pdf:Former employer: Hazelwick School, Crawley, West Sussex (the “School”) ./_OFFICIAL_SENSITIVE__Web_Decision_-_Stanway__John.pdf- ./_OFFICIAL_SENSITIVE__Web_Decision_-_Stanway__John.pdf- ./_OFFICIAL_SENSITIVE__Web_Decision_-_Stanway__John.pdf-A. Introduction ./_OFFICIAL_SENSITIVE__Web_Decision_-_Stanway__John.pdf-A professional conduct panel (“the panel”) of the Teaching Regulation Agency (“the ./_OFFICIAL_SENSITIVE__Web_Decision_-_Stanway__John.pdf-Agency”) convened on 29 July 2019 at Cheylesmore House, 5 Quinton Road, Coventry, ./_OFFICIAL_SENSITIVE__Web_Decision_-_Stanway__John.pdf-CV1 2WT to consider the case of Mr John Stanway (“Mr Stanway”). ./_OFFICIAL_SENSITIVE__Web_Decision_-_Stanway__John.pdf- ./_OFFICIAL_SENSITIVE__Web_Decision_-_Stanway__John.pdf-The panel members were Robert Allan (lay panellist – in the chair), Caroline Tilley (lay ./_OFFICIAL_SENSITIVE__Web_Decision_-_Stanway__John.pdf-panellist) and Fiona Tankard (teacher panellist). ./_OFFICIAL_SENSITIVE__Web_Decision_-_Stanway__John.pdf- ./_OFFICIAL_SENSITIVE__Welsby_Sheila_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Welsby_Sheila_SoS_decision_redacted.pdf-Decision and reasons ./_OFFICIAL_SENSITIVE__Welsby_Sheila_SoS_decision_redacted.pdf-The panel announced its decision and reasons as follows: ./_OFFICIAL_SENSITIVE__Welsby_Sheila_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Welsby_Sheila_SoS_decision_redacted.pdf-The panel carefully considered the case before it and reached a decision. ./_OFFICIAL_SENSITIVE__Welsby_Sheila_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Welsby_Sheila_SoS_decision_redacted.pdf-Mrs Welsby is a proprietor and principal of St Anne’s College Grammar School (“the ./_OFFICIAL_SENSITIVE__Welsby_Sheila_SoS_decision_redacted.pdf-School”). Concerns were raised by the police regarding Mrs Welsby’s handling of ./_OFFICIAL_SENSITIVE__Welsby_Sheila_SoS_decision_redacted.pdf-safeguarding issues arising from allegations received from a pupil’s [REDACTED] ./_OFFICIAL_SENSITIVE__Welsby_Sheila_SoS_decision_redacted.pdf-regarding interactions between a teacher at the school (“Individual X”) and the pupil ./_OFFICIAL_SENSITIVE__Welsby_Sheila_SoS_decision_redacted.pdf:(“Pupil A”). Individual X was later convicted of sexual offences with a child. ./_OFFICIAL_SENSITIVE__Welsby_Sheila_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Welsby_Sheila_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Welsby_Sheila_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Welsby_Sheila_SoS_decision_redacted.pdf- 6 ./_OFFICIAL_SENSITIVE__Welsby_Sheila_SoS_decision_redacted.pdf- -- ./_OFFICIAL_SENSITIVE__Welsby_Sheila_SoS_decision_redacted.pdf-Mrs Welsby admitted that the nature of the allegations made by Pupil A’s parents were ./_OFFICIAL_SENSITIVE__Welsby_Sheila_SoS_decision_redacted.pdf-relayed to her. She was also aware that Individual E had contacted Individual X and ./_OFFICIAL_SENSITIVE__Welsby_Sheila_SoS_decision_redacted.pdf-requested a meeting. Mrs Welsby recalled joining a meeting between Individual E and ./_OFFICIAL_SENSITIVE__Welsby_Sheila_SoS_decision_redacted.pdf-Individual X approximately two hours after learning of the allegations. She admitted ./_OFFICIAL_SENSITIVE__Welsby_Sheila_SoS_decision_redacted.pdf-having informed Individual X of the allegation before consulting with Witness B. She has ./_OFFICIAL_SENSITIVE__Welsby_Sheila_SoS_decision_redacted.pdf-accepted that her actions were inappropriate and that her intention had been to obtain ./_OFFICIAL_SENSITIVE__Welsby_Sheila_SoS_decision_redacted.pdf-confirmation and corroboration of the allegations made by Pupil A’s [REDACTED]. ./_OFFICIAL_SENSITIVE__Welsby_Sheila_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Welsby_Sheila_SoS_decision_redacted.pdf-At the outset of the transcript of the meeting with Individual X, Individual E stated “you ./_OFFICIAL_SENSITIVE__Welsby_Sheila_SoS_decision_redacted.pdf-have been sending texts and emails and things to her [Pupil A]. I’ve got to ask you the ./_OFFICIAL_SENSITIVE__Welsby_Sheila_SoS_decision_redacted.pdf:awkward question, in that, has any sexual activity taken place?” Mrs Welsby asked ./_OFFICIAL_SENSITIVE__Welsby_Sheila_SoS_decision_redacted.pdf-various questions exploring the allegations and played an active part in the meeting from ./_OFFICIAL_SENSITIVE__Welsby_Sheila_SoS_decision_redacted.pdf-the time that the meeting began to be recorded. There is no indication that Mrs Welsby ./_OFFICIAL_SENSITIVE__Welsby_Sheila_SoS_decision_redacted.pdf-sought to prevent Individual E informing Individual X of the allegations, despite having ./_OFFICIAL_SENSITIVE__Welsby_Sheila_SoS_decision_redacted.pdf-had the opportunity to do so since having been made aware of the complaint ./_OFFICIAL_SENSITIVE__Welsby_Sheila_SoS_decision_redacted.pdf-approximately two hours prior to the meeting. ./_OFFICIAL_SENSITIVE__Welsby_Sheila_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Welsby_Sheila_SoS_decision_redacted.pdf-Mrs Welsby stated that she did not know if the information provided to Individual X in the ./_OFFICIAL_SENSITIVE__Welsby_Sheila_SoS_decision_redacted.pdf-meeting made him aware that the allegations had been made, and that he may have ./_OFFICIAL_SENSITIVE__Welsby_Sheila_SoS_decision_redacted.pdf-been made aware beforehand, potentially by Pupil A. Nevertheless, the panel considered ./_OFFICIAL_SENSITIVE__Welsby_Sheila_SoS_decision_redacted.pdf-Mrs Welsby could not have known whether or not that was the case, when the nature of ./_OFFICIAL_SENSITIVE__Welsby_Stephen_SoS_decision_redacted.pdf-The panel carefully considered the case before it and reached a decision. ./_OFFICIAL_SENSITIVE__Welsby_Stephen_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Welsby_Stephen_SoS_decision_redacted.pdf-Mr Welsby is a proprietor and principal of St Anne’s College Grammar School (“the ./_OFFICIAL_SENSITIVE__Welsby_Stephen_SoS_decision_redacted.pdf-School”). Concerns were raised by the police regarding Mr Welsby’s handling of ./_OFFICIAL_SENSITIVE__Welsby_Stephen_SoS_decision_redacted.pdf-safeguarding issues arising from allegations received from a pupil’s [REDACTED] ./_OFFICIAL_SENSITIVE__Welsby_Stephen_SoS_decision_redacted.pdf-regarding interactions between a teacher at the school (“Individual X”) and the pupil ./_OFFICIAL_SENSITIVE__Welsby_Stephen_SoS_decision_redacted.pdf:(“Pupil A”). Individual X was later convicted of sexual offences with a child. ./_OFFICIAL_SENSITIVE__Welsby_Stephen_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Welsby_Stephen_SoS_decision_redacted.pdf-Findings of fact ./_OFFICIAL_SENSITIVE__Welsby_Stephen_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Welsby_Stephen_SoS_decision_redacted.pdf-The findings of fact are as follows: ./_OFFICIAL_SENSITIVE__Welsby_Stephen_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Welsby_Stephen_SoS_decision_redacted.pdf-The panel found the following particulars of the allegations against you, Mr Welsby, ./_OFFICIAL_SENSITIVE__Welsby_Stephen_SoS_decision_redacted.pdf-proved, for these reasons: ./_OFFICIAL_SENSITIVE__Welsby_Stephen_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Welsby_Stephen_SoS_decision_redacted.pdf-Whilst employed as Principal at St Anne’s College Grammar School he: ./_OFFICIAL_SENSITIVE__Welsby_Stephen_SoS_decision_redacted.pdf- -- ./_OFFICIAL_SENSITIVE__Welsby_Stephen_SoS_decision_redacted.pdf-admits that the meeting should not have taken place until Witness B responded. ./_OFFICIAL_SENSITIVE__Welsby_Stephen_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Welsby_Stephen_SoS_decision_redacted.pdf-Mr Welsby arranged the meeting with Individual X by text message. Mr Welsby did ./_OFFICIAL_SENSITIVE__Welsby_Stephen_SoS_decision_redacted.pdf-not consider that anything contained in his message could have conveyed what the ./_OFFICIAL_SENSITIVE__Welsby_Stephen_SoS_decision_redacted.pdf-meeting would be about. However, it is possible that the sending of a message ./_OFFICIAL_SENSITIVE__Welsby_Stephen_SoS_decision_redacted.pdf-requesting an urgent meeting during the school holidays could have alerted ./_OFFICIAL_SENSITIVE__Welsby_Stephen_SoS_decision_redacted.pdf-Individual X to the nature of what was to be discussed. ./_OFFICIAL_SENSITIVE__Welsby_Stephen_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Welsby_Stephen_SoS_decision_redacted.pdf-At the outset of the transcript of the meeting with Individual X, Mr Welsby stated “you ./_OFFICIAL_SENSITIVE__Welsby_Stephen_SoS_decision_redacted.pdf-have been sending texts and emails and things to her [Pupil A]. I’ve got to ask you ./_OFFICIAL_SENSITIVE__Welsby_Stephen_SoS_decision_redacted.pdf:the awkward question, in that, has any sexual activity taken place?” ./_OFFICIAL_SENSITIVE__Welsby_Stephen_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Welsby_Stephen_SoS_decision_redacted.pdf-Mr Welsby stated that he did not know if the information he provided in the meeting ./_OFFICIAL_SENSITIVE__Welsby_Stephen_SoS_decision_redacted.pdf-made Individual X aware that the allegations had been made. He had the impression ./_OFFICIAL_SENSITIVE__Welsby_Stephen_SoS_decision_redacted.pdf-that Individual X was already aware since he immediately offered to resign before the ./_OFFICIAL_SENSITIVE__Welsby_Stephen_SoS_decision_redacted.pdf-recording of the meeting had started. Nevertheless, the panel considered Mr Welsby ./_OFFICIAL_SENSITIVE__Welsby_Stephen_SoS_decision_redacted.pdf-could not have known whether or not Individual X had already been informed, when ./_OFFICIAL_SENSITIVE__Welsby_Stephen_SoS_decision_redacted.pdf-the nature of the allegations were explained to Individual X by Mr Welsby during the ./_OFFICIAL_SENSITIVE__Welsby_Stephen_SoS_decision_redacted.pdf-meeting. ./_OFFICIAL_SENSITIVE__Welsby_Stephen_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Welsby_Stephen_SoS_decision_redacted.pdf-The transcript of the meeting shows that at the end of the meeting Individual X was ./_OFFICIAL_SENSITIVE__Wright__Emma_SoS_Decision.pdf- v. posing with their hand inside their underwear and/or in a pose which simulated ./_OFFICIAL_SENSITIVE__Wright__Emma_SoS_Decision.pdf- masturbation. ./_OFFICIAL_SENSITIVE__Wright__Emma_SoS_Decision.pdf- ./_OFFICIAL_SENSITIVE__Wright__Emma_SoS_Decision.pdf- b. to base their work on one or more artists without: ./_OFFICIAL_SENSITIVE__Wright__Emma_SoS_Decision.pdf- ./_OFFICIAL_SENSITIVE__Wright__Emma_SoS_Decision.pdf- i. updating the relevant teaching plans and/or schemes of work; ./_OFFICIAL_SENSITIVE__Wright__Emma_SoS_Decision.pdf- ./_OFFICIAL_SENSITIVE__Wright__Emma_SoS_Decision.pdf- ii. otherwise informing and/or obtaining approval from her line manager; ./_OFFICIAL_SENSITIVE__Wright__Emma_SoS_Decision.pdf- ./_OFFICIAL_SENSITIVE__Wright__Emma_SoS_Decision.pdf- iii. properly notifying the school and/or pupils and/or parents that the course material ./_OFFICIAL_SENSITIVE__Wright__Emma_SoS_Decision.pdf: was sexual in nature. ./_OFFICIAL_SENSITIVE__Wright__Emma_SoS_Decision.pdf- ./_OFFICIAL_SENSITIVE__Wright__Emma_SoS_Decision.pdf- 2. She permitted and/or failed to prevent one or more pupils from; ./_OFFICIAL_SENSITIVE__Wright__Emma_SoS_Decision.pdf- ./_OFFICIAL_SENSITIVE__Wright__Emma_SoS_Decision.pdf- a. accessing school computing equipment which was logged in to her personal ./_OFFICIAL_SENSITIVE__Wright__Emma_SoS_Decision.pdf- school account; ./_OFFICIAL_SENSITIVE__Wright__Emma_SoS_Decision.pdf- ./_OFFICIAL_SENSITIVE__Wright__Emma_SoS_Decision.pdf- b. viewing material stored on her personal staff area; ./_OFFICIAL_SENSITIVE__Wright__Emma_SoS_Decision.pdf- ./_OFFICIAL_SENSITIVE__Wright__Emma_SoS_Decision.pdf- c. uploading and/or storing material in her personal staff area including photographs ./_OFFICIAL_SENSITIVE__Wright__Emma_SoS_Decision.pdf- and/or videos of one or more pupils and/or young people: -- ./_OFFICIAL_SENSITIVE__Wright__Emma_SoS_Decision.pdf- ./_OFFICIAL_SENSITIVE__Wright__Emma_SoS_Decision.pdf-On balance, the panel found the facts of this allegation proved. ./_OFFICIAL_SENSITIVE__Wright__Emma_SoS_Decision.pdf- ./_OFFICIAL_SENSITIVE__Wright__Emma_SoS_Decision.pdf-b. to base their work on one or more artists without: ./_OFFICIAL_SENSITIVE__Wright__Emma_SoS_Decision.pdf- ./_OFFICIAL_SENSITIVE__Wright__Emma_SoS_Decision.pdf-i. updating the relevant teaching plans and/or schemes of work; ./_OFFICIAL_SENSITIVE__Wright__Emma_SoS_Decision.pdf- ./_OFFICIAL_SENSITIVE__Wright__Emma_SoS_Decision.pdf-ii. otherwise informing and/or obtaining approval from your line manager; ./_OFFICIAL_SENSITIVE__Wright__Emma_SoS_Decision.pdf- ./_OFFICIAL_SENSITIVE__Wright__Emma_SoS_Decision.pdf-iii. properly notifying the school and/or pupils and/or parents that the course ./_OFFICIAL_SENSITIVE__Wright__Emma_SoS_Decision.pdf:material was sexual in nature ./_OFFICIAL_SENSITIVE__Wright__Emma_SoS_Decision.pdf- ./_OFFICIAL_SENSITIVE__Wright__Emma_SoS_Decision.pdf-The panel heard live evidence from Individual C [REDACTED]. Individual C [REDACTED] ./_OFFICIAL_SENSITIVE__Wright__Emma_SoS_Decision.pdf-had carried out an internal investigation on behalf of the School. Individual C told the ./_OFFICIAL_SENSITIVE__Wright__Emma_SoS_Decision.pdf-panel that teachers do have autonomy to change schemes of work, but that if it was a ./_OFFICIAL_SENSITIVE__Wright__Emma_SoS_Decision.pdf-significant change, it should also be discussed with the teacher's line manager. Individual ./_OFFICIAL_SENSITIVE__Wright__Emma_SoS_Decision.pdf-C [REDACTED] stated that Mrs Wright should have updated the scheme of work and had ./_OFFICIAL_SENSITIVE__Wright__Emma_SoS_Decision.pdf-conversations with the School in order to protect the pupils, when she decided to ./_OFFICIAL_SENSITIVE__Wright__Emma_SoS_Decision.pdf-introduce the artist, Individual E [REDACTED]. This was also confirmed in a written ./_OFFICIAL_SENSITIVE__Wright__Emma_SoS_Decision.pdf-statement from Individual F [REDACTED] (Head of Department and Learning Leader) ./_OFFICIAL_SENSITIVE__Wright__Emma_SoS_Decision.pdf-who stated that he was responsible for ensuring the quality of the schemes of work were ./_OFFICIAL_SENSITIVE__Wright__Emma_SoS_Decision.pdf-appropriate and fit within school policies and guidance. Individual F [REDACTED] also ./_OFFICIAL_SENSITIVE__Wright__Emma_SoS_Decision.pdf-stated that there was an expectation that if changes were made to the schemes of work, ./_OFFICIAL_SENSITIVE__Wright__Emma_SoS_Decision.pdf-that the Learning Leader would be informed. ./_OFFICIAL_SENSITIVE__Wright__Emma_SoS_Decision.pdf- ./_OFFICIAL_SENSITIVE__Wright__Emma_SoS_Decision.pdf-Mrs Wright accepted in her evidence that she did not update the schemes of work to ./_OFFICIAL_SENSITIVE__Wright__Emma_SoS_Decision.pdf-reflect the new artist that she introduced to the pupils, nor did she discuss it with her line ./_OFFICIAL_SENSITIVE__Wright__Emma_SoS_Decision.pdf-manager, the School or parents of the pupils. ./_OFFICIAL_SENSITIVE__Wright__Emma_SoS_Decision.pdf- ./_OFFICIAL_SENSITIVE__Wright__Emma_SoS_Decision.pdf-Although Mrs Wright told the panel that in her opinion the work of Individual E ./_OFFICIAL_SENSITIVE__Wright__Emma_SoS_Decision.pdf:[REDACTED] was not sexual in nature, she did accept that with hindsight, she should ./_OFFICIAL_SENSITIVE__Wright__Emma_SoS_Decision.pdf-have told the pupils that the photographs they produced were not appropriate. She also ./_OFFICIAL_SENSITIVE__Wright__Emma_SoS_Decision.pdf-accepted that she should have spoken to the pupil's parents and the School's Designated ./_OFFICIAL_SENSITIVE__Wright__Emma_SoS_Decision.pdf- ./_OFFICIAL_SENSITIVE__Wright__Emma_SoS_Decision.pdf- 8 ./_OFFICIAL_SENSITIVE__Wright__Emma_SoS_Decision.pdf- -- ./_OFFICIAL_SENSITIVE__Wright__Emma_SoS_Decision.pdf-Safeguarding Lead, to ensure appropriate support was in place for those students ./_OFFICIAL_SENSITIVE__Wright__Emma_SoS_Decision.pdf-involved. The panel considered the personal and work circumstances that Mrs Wright ./_OFFICIAL_SENSITIVE__Wright__Emma_SoS_Decision.pdf-faced at the relevant time. However, the panel found that Mrs Wright, who was an ./_OFFICIAL_SENSITIVE__Wright__Emma_SoS_Decision.pdf-experienced teacher, ought to have considered that it was possible for the pupils to ./_OFFICIAL_SENSITIVE__Wright__Emma_SoS_Decision.pdf:perceive the artist's work as sexual in nature. As such, safeguarding steps should have ./_OFFICIAL_SENSITIVE__Wright__Emma_SoS_Decision.pdf-been put in place. ./_OFFICIAL_SENSITIVE__Wright__Emma_SoS_Decision.pdf- ./_OFFICIAL_SENSITIVE__Wright__Emma_SoS_Decision.pdf-The panel assessed the weight and reliability of the evidence, and on the balance of ./_OFFICIAL_SENSITIVE__Wright__Emma_SoS_Decision.pdf-probabilities, it found that Mrs Wright acted as alleged. ./_OFFICIAL_SENSITIVE__Wright__Emma_SoS_Decision.pdf- ./_OFFICIAL_SENSITIVE__Wright__Emma_SoS_Decision.pdf-The facts of this allegation are found proved. ./_OFFICIAL_SENSITIVE__Wright__Emma_SoS_Decision.pdf- ./_OFFICIAL_SENSITIVE__Wright__Emma_SoS_Decision.pdf-2. You permitted and/or failed to prevent one or more pupils from; ./_OFFICIAL_SENSITIVE__Wright__Emma_SoS_Decision.pdf- ./_OFFICIAL_SENSITIVE__Wright__Emma_SoS_Decision.pdf-a. accessing school computing equipment which was logged in to your personal ./_OFFICIAL_SENSITIVE__Younger_Rhodri_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Younger_Rhodri_SoS_decision_redacted.pdf- h) Expressed his wish to spend time alone with Pupil A: ./_OFFICIAL_SENSITIVE__Younger_Rhodri_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Younger_Rhodri_SoS_decision_redacted.pdf- i. “I can’t wait to take you out for a drink…I want to see your full dark side”; ./_OFFICIAL_SENSITIVE__Younger_Rhodri_SoS_decision_redacted.pdf- and ./_OFFICIAL_SENSITIVE__Younger_Rhodri_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Younger_Rhodri_SoS_decision_redacted.pdf- ii. “I do wish there was more time to spend with you & get to know you”; ./_OFFICIAL_SENSITIVE__Younger_Rhodri_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Younger_Rhodri_SoS_decision_redacted.pdf-2. He gave Pupil A a Christmas present and a birthday present; ./_OFFICIAL_SENSITIVE__Younger_Rhodri_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Younger_Rhodri_SoS_decision_redacted.pdf:3. His conduct set out in the following paragraphs was sexually motivated: ./_OFFICIAL_SENSITIVE__Younger_Rhodri_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Younger_Rhodri_SoS_decision_redacted.pdf- a) Paragraph 1(c); ./_OFFICIAL_SENSITIVE__Younger_Rhodri_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Younger_Rhodri_SoS_decision_redacted.pdf- b) Paragraph 1(d); ./_OFFICIAL_SENSITIVE__Younger_Rhodri_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Younger_Rhodri_SoS_decision_redacted.pdf- 5 ./_OFFICIAL_SENSITIVE__Younger_Rhodri_SoS_decision_redacted.pdf- -- ./_OFFICIAL_SENSITIVE__Younger_Rhodri_SoS_decision_redacted.pdf-of Pupil A’s family. Pupil A was not the sole recipient of gifts from Mr Younger. The panel ./_OFFICIAL_SENSITIVE__Younger_Rhodri_SoS_decision_redacted.pdf-was satisfied that the gifts were of nominal value and appropriate to the recipient. ./_OFFICIAL_SENSITIVE__Younger_Rhodri_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Younger_Rhodri_SoS_decision_redacted.pdf-The panel found allegation 2 proven. ./_OFFICIAL_SENSITIVE__Younger_Rhodri_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Younger_Rhodri_SoS_decision_redacted.pdf: 3. Your conduct set out in the following paragraphs was sexually motivated ./_OFFICIAL_SENSITIVE__Younger_Rhodri_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Younger_Rhodri_SoS_decision_redacted.pdf- a) Paragraph 1(c) ./_OFFICIAL_SENSITIVE__Younger_Rhodri_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Younger_Rhodri_SoS_decision_redacted.pdf- b) Paragraph 1(d) ./_OFFICIAL_SENSITIVE__Younger_Rhodri_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Younger_Rhodri_SoS_decision_redacted.pdf- c) Paragraph 1(e) ./_OFFICIAL_SENSITIVE__Younger_Rhodri_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Younger_Rhodri_SoS_decision_redacted.pdf- d) Paragraph 1(f) ./_OFFICIAL_SENSITIVE__Younger_Rhodri_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Younger_Rhodri_SoS_decision_redacted.pdf- e) Paragraph 1(g) ./_OFFICIAL_SENSITIVE__Younger_Rhodri_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Younger_Rhodri_SoS_decision_redacted.pdf- f) Paragraph 1(h); ./_OFFICIAL_SENSITIVE__Younger_Rhodri_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Younger_Rhodri_SoS_decision_redacted.pdf-The panel noted that within the summary of agreed and disputed facts, Mr Younger ./_OFFICIAL_SENSITIVE__Younger_Rhodri_SoS_decision_redacted.pdf-denied allegation 3 in its entirety. ./_OFFICIAL_SENSITIVE__Younger_Rhodri_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Younger_Rhodri_SoS_decision_redacted.pdf-The panel’s attention was drawn to section 78 Sexual Offences Act 2003 and to the ./_OFFICIAL_SENSITIVE__Younger_Rhodri_SoS_decision_redacted.pdf-cases of Sait v The General Medical Council [2018], Basson v General Medical Council ./_OFFICIAL_SENSITIVE__Younger_Rhodri_SoS_decision_redacted.pdf-[2018] and The General Medical Council v Haris [2020] EWHC 2518. ./_OFFICIAL_SENSITIVE__Younger_Rhodri_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Younger_Rhodri_SoS_decision_redacted.pdf:The panel considered whether the conduct was sexually motivated. It noted that in ./_OFFICIAL_SENSITIVE__Younger_Rhodri_SoS_decision_redacted.pdf:Basson it was stated that “A sexual motive means that the conduct was done either in ./_OFFICIAL_SENSITIVE__Younger_Rhodri_SoS_decision_redacted.pdf:pursuit of sexual gratification or in pursuit of a sexual relationship”. ./_OFFICIAL_SENSITIVE__Younger_Rhodri_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Younger_Rhodri_SoS_decision_redacted.pdf-The panel also considered the judgement of the High Court and the Court of Appeal in ./_OFFICIAL_SENSITIVE__Younger_Rhodri_SoS_decision_redacted.pdf-the case of The General Medical Council v Haris [2020] EHWC 2518 and Haris v The ./_OFFICIAL_SENSITIVE__Younger_Rhodri_SoS_decision_redacted.pdf-General Medical Council [2021] EWCA Civ 763, respectively. In particular, that in order to ./_OFFICIAL_SENSITIVE__Younger_Rhodri_SoS_decision_redacted.pdf:determine sexual motive the panel is required to consider whether on a balance of ./_OFFICIAL_SENSITIVE__Younger_Rhodri_SoS_decision_redacted.pdf-probability such motive is proved by inference or deduction from the surrounding ./_OFFICIAL_SENSITIVE__Younger_Rhodri_SoS_decision_redacted.pdf-evidence, including the absence of a plausible innocent explanation. ./_OFFICIAL_SENSITIVE__Younger_Rhodri_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Younger_Rhodri_SoS_decision_redacted.pdf-The panel considered the documents before it. In particular, the 163 pages containing the ./_OFFICIAL_SENSITIVE__Younger_Rhodri_SoS_decision_redacted.pdf-transcript of messages between Mr Younger and Pupil A, as well as the response Mr ./_OFFICIAL_SENSITIVE__Younger_Rhodri_SoS_decision_redacted.pdf-Younger gave in respect of those messages during the disciplinary investigation that was ./_OFFICIAL_SENSITIVE__Younger_Rhodri_SoS_decision_redacted.pdf-conducted by Wakefield Council. ./_OFFICIAL_SENSITIVE__Younger_Rhodri_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Younger_Rhodri_SoS_decision_redacted.pdf-The panel was satisfied that the messages exchanged between Mr Younger and Pupil A ./_OFFICIAL_SENSITIVE__Younger_Rhodri_SoS_decision_redacted.pdf-were inappropriate and significantly overstepped the boundary of the professional -- ./_OFFICIAL_SENSITIVE__Younger_Rhodri_SoS_decision_redacted.pdf:needed to determine, however, was whether Mr Younger’s conduct was sexually ./_OFFICIAL_SENSITIVE__Younger_Rhodri_SoS_decision_redacted.pdf-motivated. ./_OFFICIAL_SENSITIVE__Younger_Rhodri_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Younger_Rhodri_SoS_decision_redacted.pdf:There were no specific messages that could be said to be overtly sexual in nature. ./_OFFICIAL_SENSITIVE__Younger_Rhodri_SoS_decision_redacted.pdf-However, the panel was concerned about the volume, timing and content of the ./_OFFICIAL_SENSITIVE__Younger_Rhodri_SoS_decision_redacted.pdf-messages. It was clear from the evidence that from September 2017 to April 2018 Mr ./_OFFICIAL_SENSITIVE__Younger_Rhodri_SoS_decision_redacted.pdf-Younger and Pupil A were exchanging multiple messages on an almost daily basis, apart ./_OFFICIAL_SENSITIVE__Younger_Rhodri_SoS_decision_redacted.pdf-from a period of about 18 days, and were doing so typically first thing in the morning and ./_OFFICIAL_SENSITIVE__Younger_Rhodri_SoS_decision_redacted.pdf-late in the night. ./_OFFICIAL_SENSITIVE__Younger_Rhodri_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Younger_Rhodri_SoS_decision_redacted.pdf-When looked at individually the messages appear to start innocuously in line with Mr ./_OFFICIAL_SENSITIVE__Younger_Rhodri_SoS_decision_redacted.pdf-Younger’s assertion during the disciplinary investigation conducted by Wakefield Council ./_OFFICIAL_SENSITIVE__Younger_Rhodri_SoS_decision_redacted.pdf-and in his mitigation statement that his intention was to help raise Pupil A’s confidence. ./_OFFICIAL_SENSITIVE__Younger_Rhodri_SoS_decision_redacted.pdf-The panel, however, considered that by December 2017 the tone and content of Mr -- ./_OFFICIAL_SENSITIVE__Younger_Rhodri_SoS_decision_redacted.pdf-Younger states: ./_OFFICIAL_SENSITIVE__Younger_Rhodri_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Younger_Rhodri_SoS_decision_redacted.pdf-23/12/2017, 21:56:18 RY: “ Hehe! Really?? How do I get to see that side of you before ./_OFFICIAL_SENSITIVE__Younger_Rhodri_SoS_decision_redacted.pdf-then? Almost a year closer soon. Ninja is Ninja. Surely you should know that TBN x”. ./_OFFICIAL_SENSITIVE__Younger_Rhodri_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Younger_Rhodri_SoS_decision_redacted.pdf-The panel considered this message indicated Mr Younger was referring to Pupil A’s ./_OFFICIAL_SENSITIVE__Younger_Rhodri_SoS_decision_redacted.pdf-birthday in [REDACTED] when she would turn [REDACTED]. The panel inferred that the ./_OFFICIAL_SENSITIVE__Younger_Rhodri_SoS_decision_redacted.pdf-mention to ‘a year closer’ that Mr Younger was referring to when Pupil A would turn ./_OFFICIAL_SENSITIVE__Younger_Rhodri_SoS_decision_redacted.pdf-[REDACTED]. ./_OFFICIAL_SENSITIVE__Younger_Rhodri_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Younger_Rhodri_SoS_decision_redacted.pdf:Whilst the panel does not consider Mr Younger began messaging Pupil A with a sexual ./_OFFICIAL_SENSITIVE__Younger_Rhodri_SoS_decision_redacted.pdf-motive, it appears from the content of the messages that his intentions towards Pupil A ./_OFFICIAL_SENSITIVE__Younger_Rhodri_SoS_decision_redacted.pdf-changed, whether consciously or unconsciously. The panel considered that when viewed ./_OFFICIAL_SENSITIVE__Younger_Rhodri_SoS_decision_redacted.pdf-collectively over the period in which the messages in the bundle were sent, from ./_OFFICIAL_SENSITIVE__Younger_Rhodri_SoS_decision_redacted.pdf-September 2017 to April 2018, Mr Younger appears to have become infatuated with ./_OFFICIAL_SENSITIVE__Younger_Rhodri_SoS_decision_redacted.pdf-Pupil A, which would explain the growing intensity in the messages. ./_OFFICIAL_SENSITIVE__Younger_Rhodri_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Younger_Rhodri_SoS_decision_redacted.pdf-The panel concluded that from December 2017 there was evidence that Mr Younger was ./_OFFICIAL_SENSITIVE__Younger_Rhodri_SoS_decision_redacted.pdf-in pursuit of something. On a balance of probability, given the nature, timings and volume ./_OFFICIAL_SENSITIVE__Younger_Rhodri_SoS_decision_redacted.pdf-of the messages, which had nothing to do with their common area of interest, music, the ./_OFFICIAL_SENSITIVE__Younger_Rhodri_SoS_decision_redacted.pdf-panel concluded that Mr Younger was motived by the pursuit of an intimate relationship -- ./_OFFICIAL_SENSITIVE__Younger_Rhodri_SoS_decision_redacted.pdf:messages content over the relevant period. Whilst Mr Younger did not use sexually ./_OFFICIAL_SENSITIVE__Younger_Rhodri_SoS_decision_redacted.pdf-explicit language there was a desire in his messages, which built over time. The panel ./_OFFICIAL_SENSITIVE__Younger_Rhodri_SoS_decision_redacted.pdf-deduced it was a desire to have an intimate relationship with Pupil A. As such, the panel ./_OFFICIAL_SENSITIVE__Younger_Rhodri_SoS_decision_redacted.pdf:concluded it was a desire to have a possible future sexual relationship with Pupil A. Mr ./_OFFICIAL_SENSITIVE__Younger_Rhodri_SoS_decision_redacted.pdf-Younger’s messages referenced feelings and emotions designed to elicit personal ./_OFFICIAL_SENSITIVE__Younger_Rhodri_SoS_decision_redacted.pdf-feelings and assurances from Pupil A. ./_OFFICIAL_SENSITIVE__Younger_Rhodri_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Younger_Rhodri_SoS_decision_redacted.pdf-Examples of the types of messages the panel considered included: ./_OFFICIAL_SENSITIVE__Younger_Rhodri_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Younger_Rhodri_SoS_decision_redacted.pdf-02/03/2018, 22:45:52 RY “This may sound strange but I do wish there was more time to ./_OFFICIAL_SENSITIVE__Younger_Rhodri_SoS_decision_redacted.pdf-spend with you & get to know you…if u know what I mean? I always feel it’s very ./_OFFICIAL_SENSITIVE__Younger_Rhodri_SoS_decision_redacted.pdf-fragmented. Hope u feel the same & not like….no way, clear off x” ./_OFFICIAL_SENSITIVE__Younger_Rhodri_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Younger_Rhodri_SoS_decision_redacted.pdf-22/03/2018, 23:36:59 RY “I’d love to hear you be honest & upfront with everything… -- ./_OFFICIAL_SENSITIVE__Younger_Rhodri_SoS_decision_redacted.pdf-likely than not that Mr Younger’s feelings had changed. Whilst the panel believed his ./_OFFICIAL_SENSITIVE__Younger_Rhodri_SoS_decision_redacted.pdf-intentions were innocent initially, it believes that, over time, his intentions changed to that ./_OFFICIAL_SENSITIVE__Younger_Rhodri_SoS_decision_redacted.pdf-of being motivated by the pursuit of a future relationship with Pupil A. In the absence of a ./_OFFICIAL_SENSITIVE__Younger_Rhodri_SoS_decision_redacted.pdf-plausible innocent explanation, the panel concluded that, on balance, his conduct in ./_OFFICIAL_SENSITIVE__Younger_Rhodri_SoS_decision_redacted.pdf:sending the messages that he did, over a sustained duration of time, became sexually ./_OFFICIAL_SENSITIVE__Younger_Rhodri_SoS_decision_redacted.pdf-motivated. ./_OFFICIAL_SENSITIVE__Younger_Rhodri_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Younger_Rhodri_SoS_decision_redacted.pdf-The panel found allegation 3 proven. ./_OFFICIAL_SENSITIVE__Younger_Rhodri_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Younger_Rhodri_SoS_decision_redacted.pdf- 4. By your conduct set out in the foregoing paragraphs, you failed to observe a ./_OFFICIAL_SENSITIVE__Younger_Rhodri_SoS_decision_redacted.pdf- proper boundary appropriate to a teacher’s professional position. ./_OFFICIAL_SENSITIVE__Younger_Rhodri_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Younger_Rhodri_SoS_decision_redacted.pdf-The panel noted that within the statement of agreed facts, Mr Younger admitted ./_OFFICIAL_SENSITIVE__Younger_Rhodri_SoS_decision_redacted.pdf-allegation 4. ./_OFFICIAL_SENSITIVE__Younger_Rhodri_SoS_decision_redacted.pdf- -- ./_OFFICIAL_SENSITIVE__Younger_Rhodri_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Younger_Rhodri_SoS_decision_redacted.pdf-The panel had regard to the particular public interest considerations set out in the Advice ./_OFFICIAL_SENSITIVE__Younger_Rhodri_SoS_decision_redacted.pdf-and, having done so, found a number of them to be relevant in this case, namely: the ./_OFFICIAL_SENSITIVE__Younger_Rhodri_SoS_decision_redacted.pdf-safeguarding and wellbeing of pupils and the protection of other members of the public; ./_OFFICIAL_SENSITIVE__Younger_Rhodri_SoS_decision_redacted.pdf-the maintenance of public confidence in the profession; declaring and upholding proper ./_OFFICIAL_SENSITIVE__Younger_Rhodri_SoS_decision_redacted.pdf-standards of conduct; and that prohibition strikes the right balance between the rights of ./_OFFICIAL_SENSITIVE__Younger_Rhodri_SoS_decision_redacted.pdf-the teacher and the public interest, if they are in conflict. ./_OFFICIAL_SENSITIVE__Younger_Rhodri_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Younger_Rhodri_SoS_decision_redacted.pdf-In the light of the panel’s findings against Mr Younger, which involved sending messages ./_OFFICIAL_SENSITIVE__Younger_Rhodri_SoS_decision_redacted.pdf-to Pupil A of inappropriate volume, content and timings – which the panel concluded was ./_OFFICIAL_SENSITIVE__Younger_Rhodri_SoS_decision_redacted.pdf:sexually motivated, there was a strong public interest consideration in respect of the ./_OFFICIAL_SENSITIVE__Younger_Rhodri_SoS_decision_redacted.pdf-protection of pupils. ./_OFFICIAL_SENSITIVE__Younger_Rhodri_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Younger_Rhodri_SoS_decision_redacted.pdf-Similarly, the panel considered that public confidence in the profession could be seriously ./_OFFICIAL_SENSITIVE__Younger_Rhodri_SoS_decision_redacted.pdf-weakened if conduct such as that found against Mr Younger was not treated with the ./_OFFICIAL_SENSITIVE__Younger_Rhodri_SoS_decision_redacted.pdf-utmost seriousness when regulating the conduct of the profession. ./_OFFICIAL_SENSITIVE__Younger_Rhodri_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Younger_Rhodri_SoS_decision_redacted.pdf-The panel was of the view that a strong public interest consideration in declaring proper ./_OFFICIAL_SENSITIVE__Younger_Rhodri_SoS_decision_redacted.pdf-standards of conduct in the profession was also present as the conduct found against Mr ./_OFFICIAL_SENSITIVE__Younger_Rhodri_SoS_decision_redacted.pdf-Younger was outside that which could reasonably be tolerated. ./_OFFICIAL_SENSITIVE__Younger_Rhodri_SoS_decision_redacted.pdf- -- ./_OFFICIAL_SENSITIVE__Younger_Rhodri_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Younger_Rhodri_SoS_decision_redacted.pdf- • serious departure from the personal and professional conduct elements of the ./_OFFICIAL_SENSITIVE__Younger_Rhodri_SoS_decision_redacted.pdf- Teachers’ Standards; ./_OFFICIAL_SENSITIVE__Younger_Rhodri_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Younger_Rhodri_SoS_decision_redacted.pdf- • misconduct seriously affecting the education and/or well-being of pupils, and ./_OFFICIAL_SENSITIVE__Younger_Rhodri_SoS_decision_redacted.pdf- particularly where there is a continuing risk; ./_OFFICIAL_SENSITIVE__Younger_Rhodri_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Younger_Rhodri_SoS_decision_redacted.pdf- • abuse of position or trust (particularly involving pupils); ./_OFFICIAL_SENSITIVE__Younger_Rhodri_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Younger_Rhodri_SoS_decision_redacted.pdf- • any abuse of any trust, knowledge or influence grained through their professional ./_OFFICIAL_SENSITIVE__Younger_Rhodri_SoS_decision_redacted.pdf: position in order to advance a romantic or sexual relationship with a pupil or former ./_OFFICIAL_SENSITIVE__Younger_Rhodri_SoS_decision_redacted.pdf- pupil; ./_OFFICIAL_SENSITIVE__Younger_Rhodri_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Younger_Rhodri_SoS_decision_redacted.pdf: • sexual misconduct, e.g. involving actions that were sexually motivated or of a ./_OFFICIAL_SENSITIVE__Younger_Rhodri_SoS_decision_redacted.pdf: sexual nature and/or that use or exploit the trust, knowledge or influence derived ./_OFFICIAL_SENSITIVE__Younger_Rhodri_SoS_decision_redacted.pdf- from the individual’s professional position. ./_OFFICIAL_SENSITIVE__Younger_Rhodri_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Younger_Rhodri_SoS_decision_redacted.pdf-Even though the behaviours found proved in this case indicated that a prohibition order ./_OFFICIAL_SENSITIVE__Younger_Rhodri_SoS_decision_redacted.pdf-would be appropriate, the panel went on to consider the mitigating factors. Mitigating ./_OFFICIAL_SENSITIVE__Younger_Rhodri_SoS_decision_redacted.pdf-factors may indicate that a prohibition order would not be appropriate or proportionate. ./_OFFICIAL_SENSITIVE__Younger_Rhodri_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Younger_Rhodri_SoS_decision_redacted.pdf-There was no evidence that Mr Younger’s actions were not deliberate. ./_OFFICIAL_SENSITIVE__Younger_Rhodri_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Younger_Rhodri_SoS_decision_redacted.pdf-There was no evidence to suggest that Mr Younger was acting under extreme duress. ./_OFFICIAL_SENSITIVE__Younger_Rhodri_SoS_decision_redacted.pdf- -- ./_OFFICIAL_SENSITIVE__Younger_Rhodri_SoS_decision_redacted.pdf-prohibition order should be imposed with immediate effect. ./_OFFICIAL_SENSITIVE__Younger_Rhodri_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Younger_Rhodri_SoS_decision_redacted.pdf-The panel went on to consider whether or not it would be appropriate for it to decide to ./_OFFICIAL_SENSITIVE__Younger_Rhodri_SoS_decision_redacted.pdf-recommend a review period of the order. The panel was mindful that the Advice states ./_OFFICIAL_SENSITIVE__Younger_Rhodri_SoS_decision_redacted.pdf-that a prohibition order applies for life, but there may be circumstances, in any given ./_OFFICIAL_SENSITIVE__Younger_Rhodri_SoS_decision_redacted.pdf-case, that may make it appropriate to allow a teacher to apply to have the prohibition ./_OFFICIAL_SENSITIVE__Younger_Rhodri_SoS_decision_redacted.pdf-order reviewed after a specified period of time that may not be less than 2 years. ./_OFFICIAL_SENSITIVE__Younger_Rhodri_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Younger_Rhodri_SoS_decision_redacted.pdf-The Advice indicates that there are behaviours that, if proved, would militate against the ./_OFFICIAL_SENSITIVE__Younger_Rhodri_SoS_decision_redacted.pdf-recommendation of a review period. The panel found that Mr Younger was responsible ./_OFFICIAL_SENSITIVE__Younger_Rhodri_SoS_decision_redacted.pdf:for engaging in communication with Pupil A which was sexually motivated which was one ./_OFFICIAL_SENSITIVE__Younger_Rhodri_SoS_decision_redacted.pdf-such behaviour. ./_OFFICIAL_SENSITIVE__Younger_Rhodri_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Younger_Rhodri_SoS_decision_redacted.pdf-The panel considered whether a review period should be recommended. Overall, the ./_OFFICIAL_SENSITIVE__Younger_Rhodri_SoS_decision_redacted.pdf-panel concluded that it should. The panel had determined that whilst Mr Younger’s ./_OFFICIAL_SENSITIVE__Younger_Rhodri_SoS_decision_redacted.pdf-conduct was very serious, it was limited to one pupil and in circumstances which the ./_OFFICIAL_SENSITIVE__Younger_Rhodri_SoS_decision_redacted.pdf-panel had concluded were specific to that pupil. The panel did not consider, on the ./_OFFICIAL_SENSITIVE__Younger_Rhodri_SoS_decision_redacted.pdf-evidence before it, that Mr Younger posed a wider risk to other pupils or that he was a ./_OFFICIAL_SENSITIVE__Younger_Rhodri_SoS_decision_redacted.pdf-callous predator. The panel also considered that with time to properly reflect, Mr Younger ./_OFFICIAL_SENSITIVE__Younger_Rhodri_SoS_decision_redacted.pdf-would be capable of demonstrating greater insight and remorse. For these reasons, the ./_OFFICIAL_SENSITIVE__Younger_Rhodri_SoS_decision_redacted.pdf-panel considered that it would be proportionate for the prohibition order to be -- ./_OFFICIAL_SENSITIVE__Younger_Rhodri_SoS_decision_redacted.pdf- o having regard for the need to safeguard pupils’ well-being, in accordance ./_OFFICIAL_SENSITIVE__Younger_Rhodri_SoS_decision_redacted.pdf- with statutory provisions ./_OFFICIAL_SENSITIVE__Younger_Rhodri_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Younger_Rhodri_SoS_decision_redacted.pdf- • Teachers must have proper and professional regard for the ethos, policies and ./_OFFICIAL_SENSITIVE__Younger_Rhodri_SoS_decision_redacted.pdf- practices of the school in which they teach. ./_OFFICIAL_SENSITIVE__Younger_Rhodri_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Younger_Rhodri_SoS_decision_redacted.pdf- • Teachers must have an understanding of, and always act within, the statutory ./_OFFICIAL_SENSITIVE__Younger_Rhodri_SoS_decision_redacted.pdf- frameworks which set out their professional duties and responsibilities. ./_OFFICIAL_SENSITIVE__Younger_Rhodri_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Younger_Rhodri_SoS_decision_redacted.pdf-The findings of misconduct are particularly serious as they include a finding of, “engaging ./_OFFICIAL_SENSITIVE__Younger_Rhodri_SoS_decision_redacted.pdf:in communication with Pupil A which was sexually motivated”. ./_OFFICIAL_SENSITIVE__Younger_Rhodri_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Younger_Rhodri_SoS_decision_redacted.pdf-I have to determine whether the imposition of a prohibition order is proportionate and in ./_OFFICIAL_SENSITIVE__Younger_Rhodri_SoS_decision_redacted.pdf-the public interest. In considering that for this case, I have considered the overall aim of a ./_OFFICIAL_SENSITIVE__Younger_Rhodri_SoS_decision_redacted.pdf-prohibition order which is to protect pupils and to maintain public confidence in the ./_OFFICIAL_SENSITIVE__Younger_Rhodri_SoS_decision_redacted.pdf-profession. I have considered the extent to which a prohibition order in this case would ./_OFFICIAL_SENSITIVE__Younger_Rhodri_SoS_decision_redacted.pdf-achieve that aim taking into account the impact that it will have on the individual teacher. ./_OFFICIAL_SENSITIVE__Younger_Rhodri_SoS_decision_redacted.pdf-I have also asked myself, whether a less intrusive measure, such as the published ./_OFFICIAL_SENSITIVE__Younger_Rhodri_SoS_decision_redacted.pdf-finding of unacceptable professional conduct and conduct that may bring the profession ./_OFFICIAL_SENSITIVE__Younger_Rhodri_SoS_decision_redacted.pdf-into disrepute, would itself be sufficient to achieve the overall aim. I have to consider ./_OFFICIAL_SENSITIVE__Younger_Rhodri_SoS_decision_redacted.pdf-whether the consequences of such a publication are themselves sufficient. I have ./_OFFICIAL_SENSITIVE__Younger_Rhodri_SoS_decision_redacted.pdf-considered therefore whether or not prohibiting Mr Younger, and the impact that will have ./_OFFICIAL_SENSITIVE__Younger_Rhodri_SoS_decision_redacted.pdf-on the teacher, is proportionate and in the public interest. ./_OFFICIAL_SENSITIVE__Younger_Rhodri_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Younger_Rhodri_SoS_decision_redacted.pdf-In this case, I have considered the extent to which a prohibition order would protect ./_OFFICIAL_SENSITIVE__Younger_Rhodri_SoS_decision_redacted.pdf-children and safeguard pupils. The panel has stated, “the panel’s findings against Mr ./_OFFICIAL_SENSITIVE__Younger_Rhodri_SoS_decision_redacted.pdf-Younger, which involved sending messages to Pupil A of inappropriate volume, content ./_OFFICIAL_SENSITIVE__Younger_Rhodri_SoS_decision_redacted.pdf:and timings – which the panel concluded was sexually motivated,”. A prohibition order ./_OFFICIAL_SENSITIVE__Younger_Rhodri_SoS_decision_redacted.pdf-would therefore prevent such a risk from being present in the future. ./_OFFICIAL_SENSITIVE__Younger_Rhodri_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Younger_Rhodri_SoS_decision_redacted.pdf-I have also taken into account the panel’s comments on insight and remorse, which the ./_OFFICIAL_SENSITIVE__Younger_Rhodri_SoS_decision_redacted.pdf-panel sets out as follows, “Mr Younger was not present, nor represented at the hearing ./_OFFICIAL_SENSITIVE__Younger_Rhodri_SoS_decision_redacted.pdf-but he did provide a mitigation statement in March 2020. This provided limited insight and ./_OFFICIAL_SENSITIVE__Younger_Rhodri_SoS_decision_redacted.pdf-remorse for his actions.” In my judgement, the lack of full insight means that there is ./_OFFICIAL_SENSITIVE__Younger_Rhodri_SoS_decision_redacted.pdf-some risk of the repetition of this behaviour and this puts at risk the future wellbeing of ./_OFFICIAL_SENSITIVE__Younger_Rhodri_SoS_decision_redacted.pdf-pupils. I have therefore given this element considerable weight in reaching my decision. ./_OFFICIAL_SENSITIVE__Younger_Rhodri_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Younger_Rhodri_SoS_decision_redacted.pdf- -- ./_OFFICIAL_SENSITIVE__Younger_Rhodri_SoS_decision_redacted.pdf-I have gone on to consider the extent to which a prohibition order would maintain public ./_OFFICIAL_SENSITIVE__Younger_Rhodri_SoS_decision_redacted.pdf-confidence in the profession. The panel observe, “The findings of misconduct are ./_OFFICIAL_SENSITIVE__Younger_Rhodri_SoS_decision_redacted.pdf-serious, and the conduct displayed would be likely to have a negative impact on the ./_OFFICIAL_SENSITIVE__Younger_Rhodri_SoS_decision_redacted.pdf-individual’s status as a teacher, potentially damaging the public perception. The panel ./_OFFICIAL_SENSITIVE__Younger_Rhodri_SoS_decision_redacted.pdf-had no doubt that the public would take exception to the content, timing and volume of ./_OFFICIAL_SENSITIVE__Younger_Rhodri_SoS_decision_redacted.pdf-the messages sent by Mr Younger to Pupil A, which had no relevance to his teaching.” ./_OFFICIAL_SENSITIVE__Younger_Rhodri_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Younger_Rhodri_SoS_decision_redacted.pdf:I am particularly mindful of the finding of sexually motivated behaviour in this case and ./_OFFICIAL_SENSITIVE__Younger_Rhodri_SoS_decision_redacted.pdf-the impact that such a finding has on the reputation of the profession. ./_OFFICIAL_SENSITIVE__Younger_Rhodri_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Younger_Rhodri_SoS_decision_redacted.pdf-I have had to consider that the public has a high expectation of professional standards of ./_OFFICIAL_SENSITIVE__Younger_Rhodri_SoS_decision_redacted.pdf-all teachers and that the public might regard a failure to impose a prohibition order as a ./_OFFICIAL_SENSITIVE__Younger_Rhodri_SoS_decision_redacted.pdf-failure to uphold those high standards. In weighing these considerations, I have had to ./_OFFICIAL_SENSITIVE__Younger_Rhodri_SoS_decision_redacted.pdf-consider the matter from the point of view of an “ordinary intelligent and well-informed ./_OFFICIAL_SENSITIVE__Younger_Rhodri_SoS_decision_redacted.pdf-citizen.” ./_OFFICIAL_SENSITIVE__Younger_Rhodri_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Younger_Rhodri_SoS_decision_redacted.pdf-I have considered whether the publication of a finding of unacceptable professional ./_OFFICIAL_SENSITIVE__Younger_Rhodri_SoS_decision_redacted.pdf-conduct, in the absence of a prohibition order, can itself be regarded by such a person as -- ./_OFFICIAL_SENSITIVE__Younger_Rhodri_SoS_decision_redacted.pdf-Younger’s conduct was very serious, it was limited to one pupil and in circumstances ./_OFFICIAL_SENSITIVE__Younger_Rhodri_SoS_decision_redacted.pdf-which the panel had concluded were specific to that pupil. The panel did not consider, on ./_OFFICIAL_SENSITIVE__Younger_Rhodri_SoS_decision_redacted.pdf-the evidence before it, that Mr Younger posed a wider risk to other pupils or that he was ./_OFFICIAL_SENSITIVE__Younger_Rhodri_SoS_decision_redacted.pdf-a callous predator. The panel also considered that with time to properly reflect, Mr ./_OFFICIAL_SENSITIVE__Younger_Rhodri_SoS_decision_redacted.pdf-Younger would be capable of demonstrating greater insight and remorse. ./_OFFICIAL_SENSITIVE__Younger_Rhodri_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Younger_Rhodri_SoS_decision_redacted.pdf-I have considered whether a 5 year review period reflects the seriousness of the findings ./_OFFICIAL_SENSITIVE__Younger_Rhodri_SoS_decision_redacted.pdf-and is a proportionate period to achieve the aim of maintaining public confidence in the ./_OFFICIAL_SENSITIVE__Younger_Rhodri_SoS_decision_redacted.pdf-profession. In this case, there are factors which mean that allowing a two-year review ./_OFFICIAL_SENSITIVE__Younger_Rhodri_SoS_decision_redacted.pdf-period is not sufficient to achieve the aim of maintaining public confidence in the ./_OFFICIAL_SENSITIVE__Younger_Rhodri_SoS_decision_redacted.pdf:profession. These elements are the sexual element of the case and the lack of full insight ./_OFFICIAL_SENSITIVE__Younger_Rhodri_SoS_decision_redacted.pdf-and remorse. ./_OFFICIAL_SENSITIVE__Younger_Rhodri_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Younger_Rhodri_SoS_decision_redacted.pdf-I consider therefore that a five year review period is required to satisfy the maintenance ./_OFFICIAL_SENSITIVE__Younger_Rhodri_SoS_decision_redacted.pdf-of public confidence in the profession. ./_OFFICIAL_SENSITIVE__Younger_Rhodri_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Younger_Rhodri_SoS_decision_redacted.pdf-This means that Mr Rhodri Younger is prohibited from teaching indefinitely and ./_OFFICIAL_SENSITIVE__Younger_Rhodri_SoS_decision_redacted.pdf-cannot teach in any school, sixth form college, relevant youth accommodation or ./_OFFICIAL_SENSITIVE__Younger_Rhodri_SoS_decision_redacted.pdf-children’s home in England. He may apply for the prohibition order to be set aside, but ./_OFFICIAL_SENSITIVE__Younger_Rhodri_SoS_decision_redacted.pdf-not until 2 February 2028, 5 years from the date of this order at the earliest. This is not an ./_OFFICIAL_SENSITIVE__Younger_Rhodri_SoS_decision_redacted.pdf-automatic right to have the prohibition order removed. If he does apply, a panel will meet ./_OFFICIAL_SENSITIVE__Young_James_SoS_decision_redacted.pdf-Allegations ./_OFFICIAL_SENSITIVE__Young_James_SoS_decision_redacted.pdf-The panel considered the allegations set out in the Notice of Meeting dated 31 October ./_OFFICIAL_SENSITIVE__Young_James_SoS_decision_redacted.pdf-2022. ./_OFFICIAL_SENSITIVE__Young_James_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Young_James_SoS_decision_redacted.pdf-It was alleged that Mr Young was guilty of having been convicted of a relevant offence, in ./_OFFICIAL_SENSITIVE__Young_James_SoS_decision_redacted.pdf-that: ./_OFFICIAL_SENSITIVE__Young_James_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Young_James_SoS_decision_redacted.pdf:1. On 24 June 2021, he was convicted of Adult attempt to engage in sexual ./_OFFICIAL_SENSITIVE__Young_James_SoS_decision_redacted.pdf- communication with a child. ./_OFFICIAL_SENSITIVE__Young_James_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Young_James_SoS_decision_redacted.pdf-Mr Young admitted the facts of allegation 1 and that his behaviour amounted to a ./_OFFICIAL_SENSITIVE__Young_James_SoS_decision_redacted.pdf-conviction of a relevant offence falling short of the standards of behaviour expected of a ./_OFFICIAL_SENSITIVE__Young_James_SoS_decision_redacted.pdf-teacher, as set out in the statement of agreed facts signed by Mr Young on 4 July 2022. ./_OFFICIAL_SENSITIVE__Young_James_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Young_James_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Young_James_SoS_decision_redacted.pdf-Preliminary applications ./_OFFICIAL_SENSITIVE__Young_James_SoS_decision_redacted.pdf-There were no preliminary applications. ./_OFFICIAL_SENSITIVE__Young_James_SoS_decision_redacted.pdf- -- ./_OFFICIAL_SENSITIVE__Young_James_SoS_decision_redacted.pdf-The panel carefully considered the case and reached the following decision and reasons: ./_OFFICIAL_SENSITIVE__Young_James_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Young_James_SoS_decision_redacted.pdf-In advance of the meeting, the TRA agreed to a request from Mr Young for the allegation ./_OFFICIAL_SENSITIVE__Young_James_SoS_decision_redacted.pdf-to be considered without a hearing. The panel had the ability to direct that the case be ./_OFFICIAL_SENSITIVE__Young_James_SoS_decision_redacted.pdf-considered at a hearing if required in the interests of justice or in the public interest. The ./_OFFICIAL_SENSITIVE__Young_James_SoS_decision_redacted.pdf-panel did not determine that such a direction was necessary or appropriate in this case. ./_OFFICIAL_SENSITIVE__Young_James_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Young_James_SoS_decision_redacted.pdf-In summary, Mr Young commenced employment with Roman Field School (‘the School’) ./_OFFICIAL_SENSITIVE__Young_James_SoS_decision_redacted.pdf-as a teacher, on 9 April 2018. ./_OFFICIAL_SENSITIVE__Young_James_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Young_James_SoS_decision_redacted.pdf:Mr Young was arrested on 29 May 2020, after having a conversation of a sexual nature ./_OFFICIAL_SENSITIVE__Young_James_SoS_decision_redacted.pdf-with a child. On 31 May 2020, Mr Young informed the School of his arrest. A referral was ./_OFFICIAL_SENSITIVE__Young_James_SoS_decision_redacted.pdf-made to the MASH and the LADO. ./_OFFICIAL_SENSITIVE__Young_James_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Young_James_SoS_decision_redacted.pdf-On 2 June 2020, Mr Young was suspended from his role at the school. ./_OFFICIAL_SENSITIVE__Young_James_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Young_James_SoS_decision_redacted.pdf-Mr Young’s suspension was reviewed monthly and was continued, between July 2020 ./_OFFICIAL_SENSITIVE__Young_James_SoS_decision_redacted.pdf-and February 2021. The school commenced its disciplinary investigation on 22 February ./_OFFICIAL_SENSITIVE__Young_James_SoS_decision_redacted.pdf-2021 and the police concluded their investigation on 23 February 2021. The police ./_OFFICIAL_SENSITIVE__Young_James_SoS_decision_redacted.pdf-referred the case to the CPS. ./_OFFICIAL_SENSITIVE__Young_James_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Young_James_SoS_decision_redacted.pdf-On 10 March 2021, the School’s disciplinary hearing took place. The School referred the ./_OFFICIAL_SENSITIVE__Young_James_SoS_decision_redacted.pdf-matter to the TRA on the same day. ./_OFFICIAL_SENSITIVE__Young_James_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Young_James_SoS_decision_redacted.pdf-Mr Young’s contract of employment was terminated on 12 March 2021. ./_OFFICIAL_SENSITIVE__Young_James_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Young_James_SoS_decision_redacted.pdf-Mr Young was convicted at Northampton Magistrates Court on 24 June 2021, of one ./_OFFICIAL_SENSITIVE__Young_James_SoS_decision_redacted.pdf-offence of being a person aged 18 or over and communicating or attempting to ./_OFFICIAL_SENSITIVE__Young_James_SoS_decision_redacted.pdf-communicate with a child, a person under 16 who he did not reasonably believe to be 16 ./_OFFICIAL_SENSITIVE__Young_James_SoS_decision_redacted.pdf-or over, the communication being intended to encourage her to make a communication ./_OFFICIAL_SENSITIVE__Young_James_SoS_decision_redacted.pdf:that was sexual, namely sexual gratification, contrary to section 1(1) of the Criminal ./_OFFICIAL_SENSITIVE__Young_James_SoS_decision_redacted.pdf-Attempts Act 1981. ./_OFFICIAL_SENSITIVE__Young_James_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Young_James_SoS_decision_redacted.pdf-Mr Young was sentenced on 23 July 2021, at Northampton Crown Court, to 8 months ./_OFFICIAL_SENSITIVE__Young_James_SoS_decision_redacted.pdf-imprisonment suspended for 24 months, to undertake a rehabilitation activity requirement ./_OFFICIAL_SENSITIVE__Young_James_SoS_decision_redacted.pdf-for a maximum of 10 days, to participate in the Horizon Sexual Offending Credited ./_OFFICIAL_SENSITIVE__Young_James_SoS_decision_redacted.pdf-Programme for 31 sessions and to carry out 150 hours of unpaid work. Further, Mr ./_OFFICIAL_SENSITIVE__Young_James_SoS_decision_redacted.pdf-Young was made subject to a Sexual Harm Prevention Order and the Sex Offenders ./_OFFICIAL_SENSITIVE__Young_James_SoS_decision_redacted.pdf-Register for a period of 10 years, ordered to pay £450 Costs and £156 Victims ./_OFFICIAL_SENSITIVE__Young_James_SoS_decision_redacted.pdf-Surcharge. ./_OFFICIAL_SENSITIVE__Young_James_SoS_decision_redacted.pdf- -- ./_OFFICIAL_SENSITIVE__Young_James_SoS_decision_redacted.pdf-Findings of fact ./_OFFICIAL_SENSITIVE__Young_James_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Young_James_SoS_decision_redacted.pdf-The findings of fact are as follows: ./_OFFICIAL_SENSITIVE__Young_James_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Young_James_SoS_decision_redacted.pdf-The panel found the following particulars of the allegation against you proved, for these ./_OFFICIAL_SENSITIVE__Young_James_SoS_decision_redacted.pdf-reasons: ./_OFFICIAL_SENSITIVE__Young_James_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Young_James_SoS_decision_redacted.pdf:1. On 24 June 2021, you were convicted of Adult attempt to engage in sexual ./_OFFICIAL_SENSITIVE__Young_James_SoS_decision_redacted.pdf- communication with a child. ./_OFFICIAL_SENSITIVE__Young_James_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Young_James_SoS_decision_redacted.pdf-The panel considered the statement of agreed facts signed by Mr Young on 4 July 2022. ./_OFFICIAL_SENSITIVE__Young_James_SoS_decision_redacted.pdf-In that statement of agreed facts, Mr Young admitted the particulars of allegation 1. ./_OFFICIAL_SENSITIVE__Young_James_SoS_decision_redacted.pdf-Further, it was admitted the facts of the allegations amounted to a conviction of a relevant ./_OFFICIAL_SENSITIVE__Young_James_SoS_decision_redacted.pdf-offence. ./_OFFICIAL_SENSITIVE__Young_James_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Young_James_SoS_decision_redacted.pdf-The panel noted page 8 of the Teacher misconduct: The prohibition of teachers (‘the ./_OFFICIAL_SENSITIVE__Young_James_SoS_decision_redacted.pdf-Advice’) which states that where there has been a conviction at any time, of a criminal ./_OFFICIAL_SENSITIVE__Young_James_SoS_decision_redacted.pdf-offence, the panel will accept the certificate of conviction as conclusive proof of both the ./_OFFICIAL_SENSITIVE__Young_James_SoS_decision_redacted.pdf-conviction and the facts necessarily implied by the conviction, unless exceptional ./_OFFICIAL_SENSITIVE__Young_James_SoS_decision_redacted.pdf-circumstances apply. The panel did not find that any exceptional circumstances applied ./_OFFICIAL_SENSITIVE__Young_James_SoS_decision_redacted.pdf-in this case. ./_OFFICIAL_SENSITIVE__Young_James_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Young_James_SoS_decision_redacted.pdf-The panel had been provided with a copy of the certificate of conviction from ./_OFFICIAL_SENSITIVE__Young_James_SoS_decision_redacted.pdf-Northampton Crown Court, which detailed that Mr Young had been convicted of one ./_OFFICIAL_SENSITIVE__Young_James_SoS_decision_redacted.pdf:count of adult attempt to engage in sexual communication with a child. ./_OFFICIAL_SENSITIVE__Young_James_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Young_James_SoS_decision_redacted.pdf-In respect of the allegations, Mr Young was sentenced at Northampton Crown Court to 8 ./_OFFICIAL_SENSITIVE__Young_James_SoS_decision_redacted.pdf-months imprisonment suspended for 24 months. The requirements of the suspended ./_OFFICIAL_SENSITIVE__Young_James_SoS_decision_redacted.pdf-sentence were that Mr Young undertake a rehabilitation activity requirement for a ./_OFFICIAL_SENSITIVE__Young_James_SoS_decision_redacted.pdf-maximum of 10 days, participates in the Horizon Sexual Offending Credited Programme ./_OFFICIAL_SENSITIVE__Young_James_SoS_decision_redacted.pdf-for 31 sessions and carries out 150 hours of unpaid work. In addition, Mr Young was ./_OFFICIAL_SENSITIVE__Young_James_SoS_decision_redacted.pdf-made subject to a Sexual Harm Prevention Order and the Sex Offenders Register for a ./_OFFICIAL_SENSITIVE__Young_James_SoS_decision_redacted.pdf-period of 10 years, ordered to pay £450 Costs and £156 Victims Surcharge. ./_OFFICIAL_SENSITIVE__Young_James_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Young_James_SoS_decision_redacted.pdf-On examination of the documents before the panel, the panel was satisfied that the facts -- ./_OFFICIAL_SENSITIVE__Young_James_SoS_decision_redacted.pdf-involved pupils or other members of the School. Nevertheless, having considered all the ./_OFFICIAL_SENSITIVE__Young_James_SoS_decision_redacted.pdf-facts of the case, the panel considered that Mr Young’s actions and conviction were ./_OFFICIAL_SENSITIVE__Young_James_SoS_decision_redacted.pdf-relevant to his profession as a teacher and him working with children and/or in an ./_OFFICIAL_SENSITIVE__Young_James_SoS_decision_redacted.pdf-education setting. ./_OFFICIAL_SENSITIVE__Young_James_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Young_James_SoS_decision_redacted.pdf-The panel noted that the behaviour involved in committing the offence could have had an ./_OFFICIAL_SENSITIVE__Young_James_SoS_decision_redacted.pdf-impact on the safety or security of pupils and/or members of the public. ./_OFFICIAL_SENSITIVE__Young_James_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Young_James_SoS_decision_redacted.pdf-The panel was particularly concerned that, when engaging on the online adult chatroom, ./_OFFICIAL_SENSITIVE__Young_James_SoS_decision_redacted.pdf-Mr Young used his title of being a primary school teacher as his username and made ./_OFFICIAL_SENSITIVE__Young_James_SoS_decision_redacted.pdf:reference to his profession within his communications. Further, he engaged in sexual and ./_OFFICIAL_SENSITIVE__Young_James_SoS_decision_redacted.pdf-inappropriate conversation with a person who he believed to be a [REDACTED] child, ./_OFFICIAL_SENSITIVE__Young_James_SoS_decision_redacted.pdf-despite having been informed by the child of their age on several occasions during their ./_OFFICIAL_SENSITIVE__Young_James_SoS_decision_redacted.pdf-conversations. ./_OFFICIAL_SENSITIVE__Young_James_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Young_James_SoS_decision_redacted.pdf-The panel noted from the bundle that Mr Young had received very thorough safeguarding ./_OFFICIAL_SENSITIVE__Young_James_SoS_decision_redacted.pdf-training as part of his employment. The panel found Mr Young’s actions, leading to his ./_OFFICIAL_SENSITIVE__Young_James_SoS_decision_redacted.pdf-conviction, an extremely serious breach of safeguarding requirements and concluded ./_OFFICIAL_SENSITIVE__Young_James_SoS_decision_redacted.pdf-that Mr Young presented a significant risk to pupils and/or children. ./_OFFICIAL_SENSITIVE__Young_James_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Young_James_SoS_decision_redacted.pdf-The panel also took account of the way the teaching profession is viewed by others. The -- ./_OFFICIAL_SENSITIVE__Young_James_SoS_decision_redacted.pdf-The panel noted that Mr Young’s behaviour ultimately led to a sentence of imprisonment, ./_OFFICIAL_SENSITIVE__Young_James_SoS_decision_redacted.pdf-(albeit that it was suspended), which was indicative of the seriousness of the offences ./_OFFICIAL_SENSITIVE__Young_James_SoS_decision_redacted.pdf-committed. ./_OFFICIAL_SENSITIVE__Young_James_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Young_James_SoS_decision_redacted.pdf:This was a case involving an offence of sexual communication with a child, which the ./_OFFICIAL_SENSITIVE__Young_James_SoS_decision_redacted.pdf-Advice states is more likely to be considered a relevant offence. ./_OFFICIAL_SENSITIVE__Young_James_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Young_James_SoS_decision_redacted.pdf-The panel found that the seriousness of the offending behaviour that led to the conviction ./_OFFICIAL_SENSITIVE__Young_James_SoS_decision_redacted.pdf-was relevant to Mr Young’s ongoing suitability to teach. The panel considered that a ./_OFFICIAL_SENSITIVE__Young_James_SoS_decision_redacted.pdf-finding that this conviction was for a relevant offence was necessary to reaffirm clear ./_OFFICIAL_SENSITIVE__Young_James_SoS_decision_redacted.pdf-standards of conduct so as to maintain public confidence in the teaching profession. ./_OFFICIAL_SENSITIVE__Young_James_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Young_James_SoS_decision_redacted.pdf-Accordingly, the panel was satisfied that Mr Young’s conviction amounts to a conviction, ./_OFFICIAL_SENSITIVE__Young_James_SoS_decision_redacted.pdf-at any time, of a relevant offence. ./_OFFICIAL_SENSITIVE__Young_James_SoS_decision_redacted.pdf- -- ./_OFFICIAL_SENSITIVE__Young_James_SoS_decision_redacted.pdf-apportioned, although they are likely to have punitive effect. ./_OFFICIAL_SENSITIVE__Young_James_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Young_James_SoS_decision_redacted.pdf-The panel had regard to the particular public interest considerations set out in the Advice ./_OFFICIAL_SENSITIVE__Young_James_SoS_decision_redacted.pdf-and, having done so, found a number of them to be relevant in this case, namely: the ./_OFFICIAL_SENSITIVE__Young_James_SoS_decision_redacted.pdf-safeguarding and wellbeing of pupils and the protection of other members of the public; ./_OFFICIAL_SENSITIVE__Young_James_SoS_decision_redacted.pdf-the maintenance of public confidence in the profession; declaring and upholding proper ./_OFFICIAL_SENSITIVE__Young_James_SoS_decision_redacted.pdf-standards of conduct; and that prohibition strikes the right balance between the rights of ./_OFFICIAL_SENSITIVE__Young_James_SoS_decision_redacted.pdf-the teacher and the public interest, if they are in conflict. ./_OFFICIAL_SENSITIVE__Young_James_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Young_James_SoS_decision_redacted.pdf-In the light of the panel’s findings against Mr Young, which involved being convicted of ./_OFFICIAL_SENSITIVE__Young_James_SoS_decision_redacted.pdf:one count of adult attempt to engage in sexual communication with a child, there was a ./_OFFICIAL_SENSITIVE__Young_James_SoS_decision_redacted.pdf-strong public interest consideration in respect of the protection of pupils given the serious ./_OFFICIAL_SENSITIVE__Young_James_SoS_decision_redacted.pdf-findings of inappropriate relationships with children. ./_OFFICIAL_SENSITIVE__Young_James_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Young_James_SoS_decision_redacted.pdf-Similarly, the panel considered that public confidence in the profession could be seriously ./_OFFICIAL_SENSITIVE__Young_James_SoS_decision_redacted.pdf-weakened if conduct such as that found against Mr Young was not treated with the ./_OFFICIAL_SENSITIVE__Young_James_SoS_decision_redacted.pdf-utmost seriousness when regulating the conduct of the profession. ./_OFFICIAL_SENSITIVE__Young_James_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Young_James_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Young_James_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Young_James_SoS_decision_redacted.pdf- -- ./_OFFICIAL_SENSITIVE__Young_James_SoS_decision_redacted.pdf- • serious departure from the personal and professional conduct elements of the ./_OFFICIAL_SENSITIVE__Young_James_SoS_decision_redacted.pdf- Teachers’ Standards; ./_OFFICIAL_SENSITIVE__Young_James_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Young_James_SoS_decision_redacted.pdf- • the commission of a serious criminal offence, including those that resulted in a ./_OFFICIAL_SENSITIVE__Young_James_SoS_decision_redacted.pdf- conviction or caution, paying particular attention to offences that are ‘relevant ./_OFFICIAL_SENSITIVE__Young_James_SoS_decision_redacted.pdf- matters’ for the purposes of The Police Act 1997 and criminal record disclosures. ./_OFFICIAL_SENSITIVE__Young_James_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Young_James_SoS_decision_redacted.pdf- • misconduct seriously affecting the education and/or safeguarding and well-being ./_OFFICIAL_SENSITIVE__Young_James_SoS_decision_redacted.pdf- of pupils, and particularly where there is a continuing risk; ./_OFFICIAL_SENSITIVE__Young_James_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Young_James_SoS_decision_redacted.pdf: • sexual misconduct, for example, involving actions that were sexually motivated or ./_OFFICIAL_SENSITIVE__Young_James_SoS_decision_redacted.pdf: of a sexual nature and/or that use or exploit the trust, knowledge or influence ./_OFFICIAL_SENSITIVE__Young_James_SoS_decision_redacted.pdf- derived from the individual’s professional position; ./_OFFICIAL_SENSITIVE__Young_James_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Young_James_SoS_decision_redacted.pdf- • failure in their duty of care towards a child, including exposing a child to risk or ./_OFFICIAL_SENSITIVE__Young_James_SoS_decision_redacted.pdf- failing to promote the safety and welfare of the children (as set out in Part 1 of ./_OFFICIAL_SENSITIVE__Young_James_SoS_decision_redacted.pdf- KCSIE). ./_OFFICIAL_SENSITIVE__Young_James_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Young_James_SoS_decision_redacted.pdf-Even though some of the behaviour found proved in this case indicated that a prohibition ./_OFFICIAL_SENSITIVE__Young_James_SoS_decision_redacted.pdf-order would be appropriate, the panel went on to consider the mitigating factors. ./_OFFICIAL_SENSITIVE__Young_James_SoS_decision_redacted.pdf-Mitigating factors may indicate that a prohibition order would not be appropriate or ./_OFFICIAL_SENSITIVE__Young_James_SoS_decision_redacted.pdf-proportionate. -- ./_OFFICIAL_SENSITIVE__Young_James_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Young_James_SoS_decision_redacted.pdf-The panel was of the view that, applying the standard of the ordinary intelligent citizen, it ./_OFFICIAL_SENSITIVE__Young_James_SoS_decision_redacted.pdf-would not be a proportionate and appropriate response to recommend no prohibition ./_OFFICIAL_SENSITIVE__Young_James_SoS_decision_redacted.pdf-order. Recommending that the publication of adverse findings was sufficient would ./_OFFICIAL_SENSITIVE__Young_James_SoS_decision_redacted.pdf-unacceptably compromise the public interest considerations present in this case, despite ./_OFFICIAL_SENSITIVE__Young_James_SoS_decision_redacted.pdf-the severity of the consequences for Mr Young of prohibition. ./_OFFICIAL_SENSITIVE__Young_James_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Young_James_SoS_decision_redacted.pdf-The panel was of the view that prohibition was both proportionate and appropriate. The ./_OFFICIAL_SENSITIVE__Young_James_SoS_decision_redacted.pdf-panel decided that the public interest considerations outweighed the interests of Mr ./_OFFICIAL_SENSITIVE__Young_James_SoS_decision_redacted.pdf-Young. The serious nature of Mr Young’s offence and the fact it involved attempted ./_OFFICIAL_SENSITIVE__Young_James_SoS_decision_redacted.pdf:sexual communication and engaging in an inappropriate relationship with a child were ./_OFFICIAL_SENSITIVE__Young_James_SoS_decision_redacted.pdf-significant factors in forming that opinion. Accordingly, the panel made a ./_OFFICIAL_SENSITIVE__Young_James_SoS_decision_redacted.pdf-recommendation to the Secretary of State that a prohibition order should be imposed with ./_OFFICIAL_SENSITIVE__Young_James_SoS_decision_redacted.pdf-immediate effect. ./_OFFICIAL_SENSITIVE__Young_James_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Young_James_SoS_decision_redacted.pdf-The panel went on to consider whether or not it would be appropriate to recommend that ./_OFFICIAL_SENSITIVE__Young_James_SoS_decision_redacted.pdf-a review period of the order should be considered. The panel was mindful that the Advice ./_OFFICIAL_SENSITIVE__Young_James_SoS_decision_redacted.pdf-states that a prohibition order applies for life, but there may be circumstances, in any ./_OFFICIAL_SENSITIVE__Young_James_SoS_decision_redacted.pdf-given case, that may make it appropriate to allow a teacher to apply to have the ./_OFFICIAL_SENSITIVE__Young_James_SoS_decision_redacted.pdf-prohibition order reviewed after a specified period of time that may not be less than two ./_OFFICIAL_SENSITIVE__Young_James_SoS_decision_redacted.pdf-years. -- ./_OFFICIAL_SENSITIVE__Young_James_SoS_decision_redacted.pdf-The Advice indicates that there are behaviours that, if proved, would militate against the ./_OFFICIAL_SENSITIVE__Young_James_SoS_decision_redacted.pdf-recommendation of a review period. The behaviours the panel found relevant to Mr ./_OFFICIAL_SENSITIVE__Young_James_SoS_decision_redacted.pdf:Young were serious sexual misconduct and sexual misconduct involving a child. ./_OFFICIAL_SENSITIVE__Young_James_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Young_James_SoS_decision_redacted.pdf-The panel decided that the findings indicated a situation in which a review period would ./_OFFICIAL_SENSITIVE__Young_James_SoS_decision_redacted.pdf-not be appropriate and, as such, decided that it would be proportionate in all the ./_OFFICIAL_SENSITIVE__Young_James_SoS_decision_redacted.pdf-circumstances for the prohibition order to be recommended without provision for a review ./_OFFICIAL_SENSITIVE__Young_James_SoS_decision_redacted.pdf-period. ./_OFFICIAL_SENSITIVE__Young_James_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Young_James_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Young_James_SoS_decision_redacted.pdf-Decision and reasons on behalf of the Secretary of State ./_OFFICIAL_SENSITIVE__Young_James_SoS_decision_redacted.pdf-I have given very careful consideration to this case and to the recommendation of the ./_OFFICIAL_SENSITIVE__Young_James_SoS_decision_redacted.pdf-panel in respect of both sanction and review period. -- ./_OFFICIAL_SENSITIVE__Young_James_SoS_decision_redacted.pdf- • Teachers must have proper and professional regard for the ethos, policies and ./_OFFICIAL_SENSITIVE__Young_James_SoS_decision_redacted.pdf- practices of the school in which they teach, ./_OFFICIAL_SENSITIVE__Young_James_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Young_James_SoS_decision_redacted.pdf- • Teachers must have an understanding of, and always act within, the statutory ./_OFFICIAL_SENSITIVE__Young_James_SoS_decision_redacted.pdf- frameworks which set out their professional duties and responsibilities. ./_OFFICIAL_SENSITIVE__Young_James_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Young_James_SoS_decision_redacted.pdf-The panel “considered that Mr Young’s actions and conviction were relevant to his ./_OFFICIAL_SENSITIVE__Young_James_SoS_decision_redacted.pdf-profession as a teacher and him working with children and/or in an education setting.” ./_OFFICIAL_SENSITIVE__Young_James_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Young_James_SoS_decision_redacted.pdf-The finding of a relevant conviction is particularly serious as it relates to one count of an ./_OFFICIAL_SENSITIVE__Young_James_SoS_decision_redacted.pdf:adult attempting to engage in sexual communication with a child. ./_OFFICIAL_SENSITIVE__Young_James_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Young_James_SoS_decision_redacted.pdf- 11 ./_OFFICIAL_SENSITIVE__Young_James_SoS_decision_redacted.pdf- -- ./_OFFICIAL_SENSITIVE__Young_James_SoS_decision_redacted.pdf-that you are extremely remorseful […..]”.” In my judgement, the lack of insight means that ./_OFFICIAL_SENSITIVE__Young_James_SoS_decision_redacted.pdf-there is some risk of the repetition of this behaviour and this puts at risk the future ./_OFFICIAL_SENSITIVE__Young_James_SoS_decision_redacted.pdf-wellbeing of pupils’. I have therefore given this element considerable weight in reaching ./_OFFICIAL_SENSITIVE__Young_James_SoS_decision_redacted.pdf-my decision. ./_OFFICIAL_SENSITIVE__Young_James_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Young_James_SoS_decision_redacted.pdf-I have gone on to consider the extent to which a prohibition order would maintain public ./_OFFICIAL_SENSITIVE__Young_James_SoS_decision_redacted.pdf-confidence in the profession. The panel observe, “The panel considered that Mr Young’s ./_OFFICIAL_SENSITIVE__Young_James_SoS_decision_redacted.pdf-behaviour in committing the offence could affect public confidence in the teaching ./_OFFICIAL_SENSITIVE__Young_James_SoS_decision_redacted.pdf-profession, given the influence that teachers may have on pupils, parents and others in ./_OFFICIAL_SENSITIVE__Young_James_SoS_decision_redacted.pdf-the community.” I am particularly mindful of the serious nature of Mr Young’s offence and ./_OFFICIAL_SENSITIVE__Young_James_SoS_decision_redacted.pdf:the fact it involved attempted sexual communication and engaging in an inappropriate ./_OFFICIAL_SENSITIVE__Young_James_SoS_decision_redacted.pdf-relationship with a child, and the impact that such a finding has on the reputation of the ./_OFFICIAL_SENSITIVE__Young_James_SoS_decision_redacted.pdf-profession. ./_OFFICIAL_SENSITIVE__Young_James_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Young_James_SoS_decision_redacted.pdf-I have had to consider that the public has a high expectation of professional standards of ./_OFFICIAL_SENSITIVE__Young_James_SoS_decision_redacted.pdf-all teachers and that the public might regard a failure to impose a prohibition order as a ./_OFFICIAL_SENSITIVE__Young_James_SoS_decision_redacted.pdf-failure to uphold those high standards. In weighing these considerations, I have had to ./_OFFICIAL_SENSITIVE__Young_James_SoS_decision_redacted.pdf-consider the matter from the point of view of an “ordinary intelligent and well-informed ./_OFFICIAL_SENSITIVE__Young_James_SoS_decision_redacted.pdf-citizen.” ./_OFFICIAL_SENSITIVE__Young_James_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Young_James_SoS_decision_redacted.pdf- 12 -- ./_OFFICIAL_SENSITIVE__Young_James_SoS_decision_redacted.pdf-interest requirement concerning public confidence in the profession. ./_OFFICIAL_SENSITIVE__Young_James_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Young_James_SoS_decision_redacted.pdf-For these reasons, I have concluded that a prohibition order is proportionate and in the ./_OFFICIAL_SENSITIVE__Young_James_SoS_decision_redacted.pdf-public interest in order to achieve the intended aims of a prohibition order. ./_OFFICIAL_SENSITIVE__Young_James_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Young_James_SoS_decision_redacted.pdf-I have gone on to consider the matter of a review period. In this case, the panel has ./_OFFICIAL_SENSITIVE__Young_James_SoS_decision_redacted.pdf-recommended that no provision should be made for a review period. ./_OFFICIAL_SENSITIVE__Young_James_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Young_James_SoS_decision_redacted.pdf-I have considered the panel’s comments “The Advice indicates that there are behaviours ./_OFFICIAL_SENSITIVE__Young_James_SoS_decision_redacted.pdf-that, if proved, would militate against the recommendation of a review period. The ./_OFFICIAL_SENSITIVE__Young_James_SoS_decision_redacted.pdf:behaviours the panel found relevant to Mr Young were serious sexual misconduct and ./_OFFICIAL_SENSITIVE__Young_James_SoS_decision_redacted.pdf:sexual misconduct involving a child.” ./_OFFICIAL_SENSITIVE__Young_James_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Young_James_SoS_decision_redacted.pdf-I have considered whether allowing a review period reflects the seriousness of the ./_OFFICIAL_SENSITIVE__Young_James_SoS_decision_redacted.pdf-findings and is proportionate to achieve the aim of maintaining public confidence in the ./_OFFICIAL_SENSITIVE__Young_James_SoS_decision_redacted.pdf:profession. In this case the finding of a relevant conviction related to sexual ./_OFFICIAL_SENSITIVE__Young_James_SoS_decision_redacted.pdf-communication with a child means that allowing a review period is not sufficient to ./_OFFICIAL_SENSITIVE__Young_James_SoS_decision_redacted.pdf-achieve the aim of maintaining public confidence in the profession. I consider therefore ./_OFFICIAL_SENSITIVE__Young_James_SoS_decision_redacted.pdf-that allowing for no review period is necessary to maintain public confidence and is ./_OFFICIAL_SENSITIVE__Young_James_SoS_decision_redacted.pdf-proportionate and in the public interest. ./_OFFICIAL_SENSITIVE__Young_James_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Young_James_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Young_James_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Young_James_SoS_decision_redacted.pdf- ./_OFFICIAL_SENSITIVE__Young_James_SoS_decision_redacted.pdf- 13 ./_OFFICIAL_SENSITIVE__Young_James_SoS_decision_redacted.pdf- ./_REDACTED__Akram_Adam_SoS_decision.pdf- ./_REDACTED__Akram_Adam_SoS_decision.pdf-It was alleged that Mr Akram was guilty of unacceptable professional conduct and/or ./_REDACTED__Akram_Adam_SoS_decision.pdf-conduct that may bring the profession into disrepute in that whilst employed as a teacher ./_REDACTED__Akram_Adam_SoS_decision.pdf-of maths at The King’s Academy (“the School”) between 1 September 2019 and 8 June ./_REDACTED__Akram_Adam_SoS_decision.pdf-2022; ./_REDACTED__Akram_Adam_SoS_decision.pdf- ./_REDACTED__Akram_Adam_SoS_decision.pdf- 1. From around February 2022, he engaged in and/or developed an inappropriate ./_REDACTED__Akram_Adam_SoS_decision.pdf- relationship with Pupil A, including by; ./_REDACTED__Akram_Adam_SoS_decision.pdf- a) engaging in correspondence with Pupil A using personal devices; ./_REDACTED__Akram_Adam_SoS_decision.pdf- b) permitting Pupil A to sit in his car; ./_REDACTED__Akram_Adam_SoS_decision.pdf: c) engaging in a sexual relationship with Pupil A. ./_REDACTED__Akram_Adam_SoS_decision.pdf-Mr Akram admitted both the facts of the allegations and that he is guilty of unacceptable ./_REDACTED__Akram_Adam_SoS_decision.pdf-professional conduct and conduct that may bring the profession into disrepute. ./_REDACTED__Akram_Adam_SoS_decision.pdf- ./_REDACTED__Akram_Adam_SoS_decision.pdf- ./_REDACTED__Akram_Adam_SoS_decision.pdf-Preliminary applications ./_REDACTED__Akram_Adam_SoS_decision.pdf-The presenting officer applied to admit Mr Akram’s response to the notice of hearing ./_REDACTED__Akram_Adam_SoS_decision.pdf-dated 22 February 2023. Mr Akram was provided with the document, as being a ./_REDACTED__Akram_Adam_SoS_decision.pdf-document upon which the TRA seeks to rely, on 14 April 2023. Mr Akram had no ./_REDACTED__Akram_Adam_SoS_decision.pdf-objection to the admission of the document. The panel decided that it was fair to admit ./_REDACTED__Akram_Adam_SoS_decision.pdf-the document, since it was a document initially completed by Mr Akram. The document -- ./_REDACTED__Akram_Adam_SoS_decision.pdf-During the School’s investigation, the notes of a fact finding meeting with Mr Akram ./_REDACTED__Akram_Adam_SoS_decision.pdf-stated that Mr Akram said that he had another job delivering for a local pizza shop. He ./_REDACTED__Akram_Adam_SoS_decision.pdf-said that he would often see students of the School on these evenings, and that this was ./_REDACTED__Akram_Adam_SoS_decision.pdf-when he started speaking with Pupil A. He stated that they messaged and called each ./_REDACTED__Akram_Adam_SoS_decision.pdf-other, but that all evidence of such communication had been deleted. ./_REDACTED__Akram_Adam_SoS_decision.pdf- ./_REDACTED__Akram_Adam_SoS_decision.pdf-The panel has seen a note of a meeting with Pupil A contained within an email of 19 May ./_REDACTED__Akram_Adam_SoS_decision.pdf:2022. Pupil A confirmed that she and Mr Akram were having a sexual relationship ./_REDACTED__Akram_Adam_SoS_decision.pdf-although they were just friends at first. An email from a [REDACTED] of 27 May 2022 ./_REDACTED__Akram_Adam_SoS_decision.pdf-confirms she had spoken with Pupil A the previous evening and Pupil A had said that she ./_REDACTED__Akram_Adam_SoS_decision.pdf-and Mr Akram were in a relationship and this started in February 2022 when Pupil A was ./_REDACTED__Akram_Adam_SoS_decision.pdf-17. The panel noted that Pupil A has not been called to give evidence, nor has she ./_REDACTED__Akram_Adam_SoS_decision.pdf-provided any statement for the purpose of these proceedings. The panel considered the ./_REDACTED__Akram_Adam_SoS_decision.pdf-evidence to be admissible, since it was not the sole or decisive evidence in relation to the ./_REDACTED__Akram_Adam_SoS_decision.pdf-allegations. The panel appreciated the need to exercise caution in relation to the weight ./_REDACTED__Akram_Adam_SoS_decision.pdf-to be attached to it given that such evidence was untested. The panel noted the ./_REDACTED__Akram_Adam_SoS_decision.pdf-consistency between Pupil A’s evidence and the accounts of Mr Akram. ./_REDACTED__Akram_Adam_SoS_decision.pdf- -- ./_REDACTED__Akram_Adam_SoS_decision.pdf-a period of three years, at the time of the matters referred to in the allegations. ./_REDACTED__Akram_Adam_SoS_decision.pdf- ./_REDACTED__Akram_Adam_SoS_decision.pdf-Given the requirements of the handbook, the panel considered that Mr Akram had ./_REDACTED__Akram_Adam_SoS_decision.pdf-engaged in and/or developed an inappropriate relationship with Pupil A by permitting ./_REDACTED__Akram_Adam_SoS_decision.pdf-Pupil A to sit in his car. The panel noted there was evidence of Pupil A having ./_REDACTED__Akram_Adam_SoS_decision.pdf-vulnerabilities and remained a minor at the time. He had been in a position of trust, and ./_REDACTED__Akram_Adam_SoS_decision.pdf-retained a position of power and influence in relation to her. ./_REDACTED__Akram_Adam_SoS_decision.pdf- ./_REDACTED__Akram_Adam_SoS_decision.pdf-The panel found this allegation proven. ./_REDACTED__Akram_Adam_SoS_decision.pdf- ./_REDACTED__Akram_Adam_SoS_decision.pdf:c. engaging in a sexual relationship with Pupil A. ./_REDACTED__Akram_Adam_SoS_decision.pdf- ./_REDACTED__Akram_Adam_SoS_decision.pdf-In the Statement of Agreed Facts, Mr Akram admitted this allegation. Mr Akram accepted ./_REDACTED__Akram_Adam_SoS_decision.pdf:that he engaged in a sexual relationship with Pupil A from around March 2022. ./_REDACTED__Akram_Adam_SoS_decision.pdf- ./_REDACTED__Akram_Adam_SoS_decision.pdf-During the School’s investigation, the notes of the fact finding meeting with Mr Akram ./_REDACTED__Akram_Adam_SoS_decision.pdf-held on 18 May 2022 stated that Mr Akram described having a friendship with Pupil A but ./_REDACTED__Akram_Adam_SoS_decision.pdf-that Pupil A might think there was more to it, that she was quite young and that she may ./_REDACTED__Akram_Adam_SoS_decision.pdf-think there was going to be something more intimate. The notes of an investigation ./_REDACTED__Akram_Adam_SoS_decision.pdf- ./_REDACTED__Akram_Adam_SoS_decision.pdf- 8 ./_REDACTED__Akram_Adam_SoS_decision.pdf- -- ./_REDACTED__Akram_Adam_SoS_decision.pdf-meeting held on 10 June 2022 record that Mr Akram had said that what he had stated ./_REDACTED__Akram_Adam_SoS_decision.pdf:about just being friends with Pupil A was untrue and they had had a sexual relationship ./_REDACTED__Akram_Adam_SoS_decision.pdf-since March 2022. He stated that they had not become friends whilst Pupil A was at ./_REDACTED__Akram_Adam_SoS_decision.pdf-School. ./_REDACTED__Akram_Adam_SoS_decision.pdf- ./_REDACTED__Akram_Adam_SoS_decision.pdf-The panel has seen a note of a meeting with Pupil A contained within an email of 19 May ./_REDACTED__Akram_Adam_SoS_decision.pdf:2022. Pupil A confirmed that she and Mr Akram were having a sexual relationship ./_REDACTED__Akram_Adam_SoS_decision.pdf-although they were just friends at first. She stated that he worked at a pizza shop, and ./_REDACTED__Akram_Adam_SoS_decision.pdf-she worked for another fast food outlet, and they had been doing deliveries together and ./_REDACTED__Akram_Adam_SoS_decision.pdf-chatting. Pupil A stated that she was not a victim and that she was fine. During the ./_REDACTED__Akram_Adam_SoS_decision.pdf-meeting, it is recorded that Pupil A’s mother spoke with Pupil A about grooming, and ./_REDACTED__Akram_Adam_SoS_decision.pdf-Pupil A became defensive, and annoyed that her mother thought that, as “it wasn’t like ./_REDACTED__Akram_Adam_SoS_decision.pdf-that”. ./_REDACTED__Akram_Adam_SoS_decision.pdf- ./_REDACTED__Akram_Adam_SoS_decision.pdf-An email from a [REDACTED] of 27 May 2022 confirms she had spoken with Pupil A the ./_REDACTED__Akram_Adam_SoS_decision.pdf-previous evening and Pupil A had said that she and Mr Akram were in a relationship and ./_REDACTED__Akram_Adam_SoS_decision.pdf-this started in February 2022 when Pupil A [REDACTED]. She stated that she knew Mr -- ./_REDACTED__Akram_Adam_SoS_decision.pdf-off as friends and that it had developed from there. She confirmed that they were still in a ./_REDACTED__Akram_Adam_SoS_decision.pdf-relationship, that she was really happy and felt safe with him and that she had never ./_REDACTED__Akram_Adam_SoS_decision.pdf-been hurt. ./_REDACTED__Akram_Adam_SoS_decision.pdf- ./_REDACTED__Akram_Adam_SoS_decision.pdf-The panel noted that Pupil A has not been called to give evidence, nor has she provided ./_REDACTED__Akram_Adam_SoS_decision.pdf-any statement for the purpose of these proceedings. The panel considered the evidence ./_REDACTED__Akram_Adam_SoS_decision.pdf-to be admissible, since it was not the sole or decisive evidence in relation to the ./_REDACTED__Akram_Adam_SoS_decision.pdf-allegations. The panel appreciated the need to exercise caution in relation to the weight ./_REDACTED__Akram_Adam_SoS_decision.pdf-to be attached to it given that such evidence was untested. The panel noted the ./_REDACTED__Akram_Adam_SoS_decision.pdf-consistency however, between Pupil A’s evidence and the account of Mr Akram ./_REDACTED__Akram_Adam_SoS_decision.pdf:confirming the sexual relationship. ./_REDACTED__Akram_Adam_SoS_decision.pdf- ./_REDACTED__Akram_Adam_SoS_decision.pdf-In circumstances, where Mr Akram’s admission is consistent with evidence of ./_REDACTED__Akram_Adam_SoS_decision.pdf:conversations with Pupil A in which she confirmed they had a sexual relationship, the ./_REDACTED__Akram_Adam_SoS_decision.pdf:panel considered it more likely than not that Mr Akram had engaged in a sexual ./_REDACTED__Akram_Adam_SoS_decision.pdf-relationship with Pupil A. ./_REDACTED__Akram_Adam_SoS_decision.pdf- ./_REDACTED__Akram_Adam_SoS_decision.pdf-The panel noted that the School’s Employment Handbook of November 2021 stated that ./_REDACTED__Akram_Adam_SoS_decision.pdf-all teaching staff were expected to “always maintain a professional distance when ./_REDACTED__Akram_Adam_SoS_decision.pdf-relating to students and to those who have left the school within three years which means ./_REDACTED__Akram_Adam_SoS_decision.pdf-that staff should: never meet with students outside of school;…keep physical contact to a ./_REDACTED__Akram_Adam_SoS_decision.pdf-minimum…” ./_REDACTED__Akram_Adam_SoS_decision.pdf- ./_REDACTED__Akram_Adam_SoS_decision.pdf-The Statement of Agreed Facts confirms that Mr Akram accepts that this handbook was ./_REDACTED__Akram_Adam_SoS_decision.pdf-provided to staff at the School at the start of each academic year. Mr Akram confirmed -- ./_REDACTED__Akram_Adam_SoS_decision.pdf-with Pupil A. ./_REDACTED__Akram_Adam_SoS_decision.pdf- ./_REDACTED__Akram_Adam_SoS_decision.pdf-The panel noted that the Statement of Agreed Facts referred to Mr Akram having ./_REDACTED__Akram_Adam_SoS_decision.pdf-received the handbook in September 2021, yet the handbook provided to the panel was ./_REDACTED__Akram_Adam_SoS_decision.pdf-dated November 2021. Mr Akram confirmed to the panel that he had been aware of the ./_REDACTED__Akram_Adam_SoS_decision.pdf-requirement to maintain a professional distance with students who had left the school for ./_REDACTED__Akram_Adam_SoS_decision.pdf-a period of three years, at the time of the matters referred to in the allegations. ./_REDACTED__Akram_Adam_SoS_decision.pdf- ./_REDACTED__Akram_Adam_SoS_decision.pdf-Given the requirements of the handbook, the panel considered that Mr Akram had ./_REDACTED__Akram_Adam_SoS_decision.pdf-engaged in and/or developed an inappropriate relationship with Pupil A by engaging in a ./_REDACTED__Akram_Adam_SoS_decision.pdf:sexual relationship with her. The panel noted there was evidence of Pupil A having ./_REDACTED__Akram_Adam_SoS_decision.pdf-vulnerabilities and remained a minor at the time. He had been in a position of trust, and ./_REDACTED__Akram_Adam_SoS_decision.pdf-retained a position of power and influence in relation to her. ./_REDACTED__Akram_Adam_SoS_decision.pdf- ./_REDACTED__Akram_Adam_SoS_decision.pdf-The panel found this allegation proven. ./_REDACTED__Akram_Adam_SoS_decision.pdf- ./_REDACTED__Akram_Adam_SoS_decision.pdf-Findings as to unacceptable professional conduct and/or conduct that ./_REDACTED__Akram_Adam_SoS_decision.pdf-may bring the profession into disrepute ./_REDACTED__Akram_Adam_SoS_decision.pdf- ./_REDACTED__Akram_Adam_SoS_decision.pdf-Having found all of the allegations proved, the panel went on to consider whether the ./_REDACTED__Akram_Adam_SoS_decision.pdf-facts of those proved allegations amounted to unacceptable professional conduct and/or -- ./_REDACTED__Akram_Adam_SoS_decision.pdf-child-centered and to consider, at all times, what was in the best interests of the child. Mr ./_REDACTED__Akram_Adam_SoS_decision.pdf-Akram was obliged to be aware and adhere to systems in place to support safeguarding, ./_REDACTED__Akram_Adam_SoS_decision.pdf-yet he failed to act in accordance with the School’s handbook. The panel noted that ./_REDACTED__Akram_Adam_SoS_decision.pdf-KCSIE expressly states that children includes everyone under the age of 18. ./_REDACTED__Akram_Adam_SoS_decision.pdf- ./_REDACTED__Akram_Adam_SoS_decision.pdf-The panel was satisfied that the conduct of Mr Akram fell significantly short of the ./_REDACTED__Akram_Adam_SoS_decision.pdf-standard of behaviour expected of a teacher. ./_REDACTED__Akram_Adam_SoS_decision.pdf- ./_REDACTED__Akram_Adam_SoS_decision.pdf-The panel also considered whether Mr Akram’s conduct displayed behaviours associated ./_REDACTED__Akram_Adam_SoS_decision.pdf-with any of the offences in the list that begins on page 12 of the Advice. The panel found ./_REDACTED__Akram_Adam_SoS_decision.pdf:that the offence of sexual activity was relevant. The Advice indicates that where ./_REDACTED__Akram_Adam_SoS_decision.pdf-behaviours associated with such an offence exist, a panel is likely to conclude that an ./_REDACTED__Akram_Adam_SoS_decision.pdf-individual’s conduct would amount to unacceptable professional conduct. ./_REDACTED__Akram_Adam_SoS_decision.pdf- ./_REDACTED__Akram_Adam_SoS_decision.pdf-The panel noted that the conduct found proven took place outside the education setting. ./_REDACTED__Akram_Adam_SoS_decision.pdf-Mr Akram had been in a position of trust, and retained a position of power and influence ./_REDACTED__Akram_Adam_SoS_decision.pdf-in relation to Pupil A, [REDACTED]. Therefore, his behaviour may have led to Pupil A ./_REDACTED__Akram_Adam_SoS_decision.pdf-being exposed to, or influenced by, the behaviour in a harmful way. ./_REDACTED__Akram_Adam_SoS_decision.pdf- ./_REDACTED__Akram_Adam_SoS_decision.pdf-Accordingly, the panel was satisfied that Mr Akram was guilty of unacceptable ./_REDACTED__Akram_Adam_SoS_decision.pdf-professional conduct. -- ./_REDACTED__Akram_Adam_SoS_decision.pdf-disrepute. The panel took into account the way the teaching profession is viewed by ./_REDACTED__Akram_Adam_SoS_decision.pdf-others, the responsibilities and duties of teachers in relation to the safeguarding and ./_REDACTED__Akram_Adam_SoS_decision.pdf-welfare of pupils and considered the influence that teachers may have on pupils, parents ./_REDACTED__Akram_Adam_SoS_decision.pdf-and others in the community. The panel also took account of the uniquely influential role ./_REDACTED__Akram_Adam_SoS_decision.pdf-that teachers can hold in pupils’ lives and the fact that pupils must be able to view ./_REDACTED__Akram_Adam_SoS_decision.pdf-teachers as role models in the way that they behave. ./_REDACTED__Akram_Adam_SoS_decision.pdf- ./_REDACTED__Akram_Adam_SoS_decision.pdf-In considering the issue of disrepute, the panel also considered whether Mr Akram’s ./_REDACTED__Akram_Adam_SoS_decision.pdf-conduct displayed behaviours associated with any of the offences in the list that begins ./_REDACTED__Akram_Adam_SoS_decision.pdf-on page 12 of the Advice. As referred to above, the panel found that the offence of ./_REDACTED__Akram_Adam_SoS_decision.pdf:sexual activity was relevant. The Advice indicates that where behaviours associated with ./_REDACTED__Akram_Adam_SoS_decision.pdf-such an offence exist, a panel is likely to conclude that an individual’s conduct would ./_REDACTED__Akram_Adam_SoS_decision.pdf-amount to conduct that may bring the profession into disrepute. ./_REDACTED__Akram_Adam_SoS_decision.pdf- ./_REDACTED__Akram_Adam_SoS_decision.pdf-The findings of misconduct are serious, and the conduct displayed would be likely to ./_REDACTED__Akram_Adam_SoS_decision.pdf-have a negative impact on the individual’s status as a teacher. The panel considered that ./_REDACTED__Akram_Adam_SoS_decision.pdf-Mr Akram’s conduct could potentially damage the public’s perception of a teacher. ./_REDACTED__Akram_Adam_SoS_decision.pdf- ./_REDACTED__Akram_Adam_SoS_decision.pdf- 11 ./_REDACTED__Akram_Adam_SoS_decision.pdf- -- ./_REDACTED__Akram_Adam_SoS_decision.pdf-necessary and proportionate. Prohibition orders should not be given in order to be ./_REDACTED__Akram_Adam_SoS_decision.pdf-punitive, or to show that blame has been apportioned, although they are likely to have ./_REDACTED__Akram_Adam_SoS_decision.pdf-punitive effect. ./_REDACTED__Akram_Adam_SoS_decision.pdf- ./_REDACTED__Akram_Adam_SoS_decision.pdf-The panel had regard to the particular public interest considerations set out in the Advice ./_REDACTED__Akram_Adam_SoS_decision.pdf-and, having done so, found a number of them to be relevant in this case, namely, the ./_REDACTED__Akram_Adam_SoS_decision.pdf-safeguarding and wellbeing of pupils; the maintenance of public confidence in the ./_REDACTED__Akram_Adam_SoS_decision.pdf-profession; and declaring and upholding proper standards of conduct. ./_REDACTED__Akram_Adam_SoS_decision.pdf- ./_REDACTED__Akram_Adam_SoS_decision.pdf-There was a strong public interest consideration in respect of the safeguarding and ./_REDACTED__Akram_Adam_SoS_decision.pdf:wellbeing of pupils, given the serious finding of an inappropriate sexual relationship with ./_REDACTED__Akram_Adam_SoS_decision.pdf-Pupil A, a pupil he had previously taught, who was under 18 at the time, and who had ./_REDACTED__Akram_Adam_SoS_decision.pdf-only left the sixth form of the School a few months beforehand. ./_REDACTED__Akram_Adam_SoS_decision.pdf- ./_REDACTED__Akram_Adam_SoS_decision.pdf-Similarly, the panel considered that public confidence in the profession could be seriously ./_REDACTED__Akram_Adam_SoS_decision.pdf-weakened if conduct such as that found against Mr Akram were not treated with the ./_REDACTED__Akram_Adam_SoS_decision.pdf-utmost seriousness when regulating the conduct of the profession. ./_REDACTED__Akram_Adam_SoS_decision.pdf- ./_REDACTED__Akram_Adam_SoS_decision.pdf-The panel was of the view that a strong public interest consideration in declaring proper ./_REDACTED__Akram_Adam_SoS_decision.pdf-standards of conduct in the profession was also present as the conduct found against Mr ./_REDACTED__Akram_Adam_SoS_decision.pdf-Akram was outside that which could reasonably be tolerated. ./_REDACTED__Akram_Adam_SoS_decision.pdf- ./_REDACTED__Akram_Adam_SoS_decision.pdf-Whilst there is evidence that Mr Akram had ability as an educator, the panel considered ./_REDACTED__Akram_Adam_SoS_decision.pdf-that the adverse public interest considerations above outweigh any interest in retaining ./_REDACTED__Akram_Adam_SoS_decision.pdf-Mr Akram in the profession, since his behaviour fundamentally breached the standard of ./_REDACTED__Akram_Adam_SoS_decision.pdf-conduct expected of a teacher, and he failed to recognise at the time the imbalance of ./_REDACTED__Akram_Adam_SoS_decision.pdf:power in engaging in a sexual relationship with a child who he had [REDACTED] taught. ./_REDACTED__Akram_Adam_SoS_decision.pdf- ./_REDACTED__Akram_Adam_SoS_decision.pdf- ./_REDACTED__Akram_Adam_SoS_decision.pdf- ./_REDACTED__Akram_Adam_SoS_decision.pdf- 12 ./_REDACTED__Akram_Adam_SoS_decision.pdf- -- ./_REDACTED__Akram_Adam_SoS_decision.pdf- ./_REDACTED__Akram_Adam_SoS_decision.pdf- serious departure from the personal and professional conduct elements of the ./_REDACTED__Akram_Adam_SoS_decision.pdf- Teachers’ Standards; ./_REDACTED__Akram_Adam_SoS_decision.pdf- ./_REDACTED__Akram_Adam_SoS_decision.pdf- misconduct seriously affecting the education and/or safeguarding and well-being of ./_REDACTED__Akram_Adam_SoS_decision.pdf- pupils, and particularly where there is a continuing risk; ./_REDACTED__Akram_Adam_SoS_decision.pdf- ./_REDACTED__Akram_Adam_SoS_decision.pdf- abuse of position or trust (particularly involving vulnerable pupils); ./_REDACTED__Akram_Adam_SoS_decision.pdf- ./_REDACTED__Akram_Adam_SoS_decision.pdf- an abuse of any trust, knowledge, or influence gained through their professional ./_REDACTED__Akram_Adam_SoS_decision.pdf: position in order to advance a romantic or sexual relationship with a pupil or former ./_REDACTED__Akram_Adam_SoS_decision.pdf- pupil; ./_REDACTED__Akram_Adam_SoS_decision.pdf- ./_REDACTED__Akram_Adam_SoS_decision.pdf: sexual misconduct, for example, involving actions that were sexually motivated or of a ./_REDACTED__Akram_Adam_SoS_decision.pdf: sexual nature and/or that use or exploit the trust, knowledge or influence derived ./_REDACTED__Akram_Adam_SoS_decision.pdf- from the individual’s professional position; and ./_REDACTED__Akram_Adam_SoS_decision.pdf- ./_REDACTED__Akram_Adam_SoS_decision.pdf- failure in their duty of care towards a child, including exposing a child to risk or failing ./_REDACTED__Akram_Adam_SoS_decision.pdf- to promote the safety and welfare of the children (as set out in Part 1 of KCSIE). ./_REDACTED__Akram_Adam_SoS_decision.pdf- ./_REDACTED__Akram_Adam_SoS_decision.pdf-The panel noted that a teacher’s behaviour that seeks to exploit their position of trust ./_REDACTED__Akram_Adam_SoS_decision.pdf-should be viewed very seriously in terms of its potential influence on pupils and be seen ./_REDACTED__Akram_Adam_SoS_decision.pdf-as a possible threat to the public interest. There was no evidence of Mr Akram having ./_REDACTED__Akram_Adam_SoS_decision.pdf-coerced Pupil A into the relationship. Nevertheless, Mr Akram was in a position of trust in ./_REDACTED__Akram_Adam_SoS_decision.pdf-relation to a former pupil, and retained a position of power and influence in relation to her. -- ./_REDACTED__Akram_Adam_SoS_decision.pdf-The panel was of the view that, applying the standard of the ordinary intelligent citizen, it ./_REDACTED__Akram_Adam_SoS_decision.pdf-would not be a proportionate and appropriate response to recommend no prohibition ./_REDACTED__Akram_Adam_SoS_decision.pdf-order. Recommending that the publication of adverse findings would be sufficient would ./_REDACTED__Akram_Adam_SoS_decision.pdf-unacceptably compromise the public interest considerations present in this case, despite ./_REDACTED__Akram_Adam_SoS_decision.pdf-the severity of the consequences for Mr Akram of prohibition. ./_REDACTED__Akram_Adam_SoS_decision.pdf- ./_REDACTED__Akram_Adam_SoS_decision.pdf-The panel was of the view that prohibition was both proportionate and appropriate. The ./_REDACTED__Akram_Adam_SoS_decision.pdf-panel decided that the public interest considerations outweighed the interests of Mr ./_REDACTED__Akram_Adam_SoS_decision.pdf:Akram. This reflected the seriousness of Mr Akram’s actions in engaging in a sexual ./_REDACTED__Akram_Adam_SoS_decision.pdf-relationship with a former pupil. Accordingly, the panel made a recommendation to the ./_REDACTED__Akram_Adam_SoS_decision.pdf-Secretary of State that a prohibition order should be imposed with immediate effect. ./_REDACTED__Akram_Adam_SoS_decision.pdf- ./_REDACTED__Akram_Adam_SoS_decision.pdf-The panel went on to consider whether or not it would be appropriate for it to decide to ./_REDACTED__Akram_Adam_SoS_decision.pdf-recommend a review period of the order. The panel was mindful that the Advice states ./_REDACTED__Akram_Adam_SoS_decision.pdf-that a prohibition order applies for life, but there may be circumstances, in any given ./_REDACTED__Akram_Adam_SoS_decision.pdf-case, that may make it appropriate to allow a teacher to apply to have the prohibition ./_REDACTED__Akram_Adam_SoS_decision.pdf-order reviewed after a specified period of time that may not be less than 2 years. ./_REDACTED__Akram_Adam_SoS_decision.pdf- ./_REDACTED__Akram_Adam_SoS_decision.pdf-The Advice indicates that there are cases involving certain conduct where it is likely that ./_REDACTED__Akram_Adam_SoS_decision.pdf-the public interest will have greater relevance and weigh in favour of not offering a review ./_REDACTED__Akram_Adam_SoS_decision.pdf:period. One of these cases includes serious sexual misconduct, eg where the act was ./_REDACTED__Akram_Adam_SoS_decision.pdf:sexually motivated and resulted in, or had the potential to result in, harm to a person or ./_REDACTED__Akram_Adam_SoS_decision.pdf-persons, particularly where the individual has used his professional position to influence ./_REDACTED__Akram_Adam_SoS_decision.pdf-or exploit a person or persons. The panel found that Mr Akram was responsible for ./_REDACTED__Akram_Adam_SoS_decision.pdf:engaging in a sexual relationship with a former pupil with whom he had been in a position ./_REDACTED__Akram_Adam_SoS_decision.pdf-of trust, and that he retained a position of power and influence in relation to her. ./_REDACTED__Akram_Adam_SoS_decision.pdf- ./_REDACTED__Akram_Adam_SoS_decision.pdf-Nevertheless, the panel did not consider that Mr Akram displayed any deep seated ./_REDACTED__Akram_Adam_SoS_decision.pdf-attitudinal issues. He co-operated with these proceedings, admitting the allegations and ./_REDACTED__Akram_Adam_SoS_decision.pdf-attending the hearing. He has expressed his regret for this actions and demonstrated ./_REDACTED__Akram_Adam_SoS_decision.pdf-insight into the circumstances that led to his behaviour, making clear that such events in ./_REDACTED__Akram_Adam_SoS_decision.pdf-no way justified or defended his actions. He has informed the panel of steps he has taken ./_REDACTED__Akram_Adam_SoS_decision.pdf-to manage such issues in the future. He has recognised the imbalance of power that ./_REDACTED__Akram_Adam_SoS_decision.pdf-existed in his relationship with Pupil A although has not yet recognised the impact or ./_REDACTED__Akram_Adam_SoS_decision.pdf-potential impact that his actions may have had on her. Given the evidence of Mr Akram’s -- ./_REDACTED__Akram_Adam_SoS_decision.pdf- frameworks which set out their professional duties and responsibilities. ./_REDACTED__Akram_Adam_SoS_decision.pdf- ./_REDACTED__Akram_Adam_SoS_decision.pdf-The panel was satisfied that the conduct of Mr Akram, involved breaches of the ./_REDACTED__Akram_Adam_SoS_decision.pdf-responsibilities and duties set out in statutory guidance Keeping children safe in ./_REDACTED__Akram_Adam_SoS_decision.pdf-education (KCSIE). ./_REDACTED__Akram_Adam_SoS_decision.pdf- ./_REDACTED__Akram_Adam_SoS_decision.pdf-The panel finds that the conduct of Mr Akram fell significantly short of the standards ./_REDACTED__Akram_Adam_SoS_decision.pdf-expected of a teacher. ./_REDACTED__Akram_Adam_SoS_decision.pdf- ./_REDACTED__Akram_Adam_SoS_decision.pdf-The findings of misconduct are particularly serious as they include a finding of an ./_REDACTED__Akram_Adam_SoS_decision.pdf:inappropriate sexual relationship with Pupil A. ./_REDACTED__Akram_Adam_SoS_decision.pdf- ./_REDACTED__Akram_Adam_SoS_decision.pdf-I have to determine whether the imposition of a prohibition order is proportionate and in ./_REDACTED__Akram_Adam_SoS_decision.pdf-the public interest. In considering that for this case, I have considered the overall aim of a ./_REDACTED__Akram_Adam_SoS_decision.pdf-prohibition order which is to protect pupils and to maintain public confidence in the ./_REDACTED__Akram_Adam_SoS_decision.pdf-profession. I have considered the extent to which a prohibition order in this case would ./_REDACTED__Akram_Adam_SoS_decision.pdf- ./_REDACTED__Akram_Adam_SoS_decision.pdf- ./_REDACTED__Akram_Adam_SoS_decision.pdf- 16 ./_REDACTED__Akram_Adam_SoS_decision.pdf- -- ./_REDACTED__Akram_Adam_SoS_decision.pdf-may have had on Pupil A and that he described his relationship with her as an affair.” In ./_REDACTED__Akram_Adam_SoS_decision.pdf-my judgement, the lack of what I deem to be full insight means that there is some risk of ./_REDACTED__Akram_Adam_SoS_decision.pdf-the repetition of this behaviour and this puts at risk the future wellbeing of pupils’. I have ./_REDACTED__Akram_Adam_SoS_decision.pdf-therefore given this element considerable weight in reaching my decision. ./_REDACTED__Akram_Adam_SoS_decision.pdf- ./_REDACTED__Akram_Adam_SoS_decision.pdf-I have gone on to consider the extent to which a prohibition order would maintain public ./_REDACTED__Akram_Adam_SoS_decision.pdf-confidence in the profession. The panel observe, “the panel considered that public ./_REDACTED__Akram_Adam_SoS_decision.pdf-confidence in the profession could be seriously weakened if conduct such as that found ./_REDACTED__Akram_Adam_SoS_decision.pdf-against Mr Akram were not treated with the utmost seriousness when regulating the ./_REDACTED__Akram_Adam_SoS_decision.pdf-conduct of the profession.” I am particularly mindful of the finding that Mr Akram engaged ./_REDACTED__Akram_Adam_SoS_decision.pdf:in a sexual relationship with a former pupil, and that such a finding could harm the ./_REDACTED__Akram_Adam_SoS_decision.pdf-reputation of the profession. ./_REDACTED__Akram_Adam_SoS_decision.pdf- ./_REDACTED__Akram_Adam_SoS_decision.pdf-I have had to consider that the public has a high expectation of professional standards of ./_REDACTED__Akram_Adam_SoS_decision.pdf-all teachers and that the public might regard a failure to impose a prohibition order as a ./_REDACTED__Akram_Adam_SoS_decision.pdf-failure to uphold those high standards. In weighing these considerations, I have had to ./_REDACTED__Akram_Adam_SoS_decision.pdf-consider the matter from the point of view of an “ordinary intelligent and well-informed ./_REDACTED__Akram_Adam_SoS_decision.pdf-citizen.” ./_REDACTED__Akram_Adam_SoS_decision.pdf- ./_REDACTED__Akram_Adam_SoS_decision.pdf- ./_REDACTED__Akram_Adam_SoS_decision.pdf- 17 -- ./_REDACTED__Akram_Adam_SoS_decision.pdf-I have gone on to consider the matter of a review period. In this case, the panel has ./_REDACTED__Akram_Adam_SoS_decision.pdf-recommended a five year review period. ./_REDACTED__Akram_Adam_SoS_decision.pdf- ./_REDACTED__Akram_Adam_SoS_decision.pdf-I have considered the panel’s comments, “The panel was mindful that the Advice states ./_REDACTED__Akram_Adam_SoS_decision.pdf-that a prohibition order applies for life, but there may be circumstances, in any given ./_REDACTED__Akram_Adam_SoS_decision.pdf-case, that may make it appropriate to allow a teacher to apply to have the prohibition ./_REDACTED__Akram_Adam_SoS_decision.pdf-order reviewed after a specified period of time that may not be less than 2 years.” ./_REDACTED__Akram_Adam_SoS_decision.pdf- ./_REDACTED__Akram_Adam_SoS_decision.pdf-The panel has also said, “The Advice indicates that there are cases involving certain ./_REDACTED__Akram_Adam_SoS_decision.pdf-conduct where it is likely that the public interest will have greater relevance and weigh in ./_REDACTED__Akram_Adam_SoS_decision.pdf:favour of not offering a review period. One of these cases includes serious sexual ./_REDACTED__Akram_Adam_SoS_decision.pdf:misconduct, eg where the act was sexually motivated and resulted in, or had the potential ./_REDACTED__Akram_Adam_SoS_decision.pdf-to result in, harm to a person or persons, particularly where the individual has used his ./_REDACTED__Akram_Adam_SoS_decision.pdf-professional position to influence or exploit a person or persons. The panel found that Mr ./_REDACTED__Akram_Adam_SoS_decision.pdf:Akram was responsible for engaging in a sexual relationship with a former pupil with ./_REDACTED__Akram_Adam_SoS_decision.pdf-whom he had been in a position of trust, and that he retained a position of power and ./_REDACTED__Akram_Adam_SoS_decision.pdf-influence in relation to her.” ./_REDACTED__Akram_Adam_SoS_decision.pdf- ./_REDACTED__Akram_Adam_SoS_decision.pdf- ./_REDACTED__Akram_Adam_SoS_decision.pdf- ./_REDACTED__Akram_Adam_SoS_decision.pdf- 18 ./_REDACTED__Akram_Adam_SoS_decision.pdf- -- ./_REDACTED__Akram_Adam_SoS_decision.pdf- ./_REDACTED__Akram_Adam_SoS_decision.pdf-Mr Akram has sought professional help, completed counselling sessions and engaged in ./_REDACTED__Akram_Adam_SoS_decision.pdf-private therapy sessions, however the panel recognised that, “Mr Akram has not yet ./_REDACTED__Akram_Adam_SoS_decision.pdf-recognised any impact that his actions may have had on Pupil A”, and “described his ./_REDACTED__Akram_Adam_SoS_decision.pdf-relationship with her as an affair.” ./_REDACTED__Akram_Adam_SoS_decision.pdf- ./_REDACTED__Akram_Adam_SoS_decision.pdf-I have considered whether a five year review period would reflect the seriousness of the ./_REDACTED__Akram_Adam_SoS_decision.pdf-findings and is a proportionate period to achieve the aim of maintaining public confidence ./_REDACTED__Akram_Adam_SoS_decision.pdf-in the profession. In this case, factors mean that allowing a review period is not sufficient ./_REDACTED__Akram_Adam_SoS_decision.pdf-to achieve the aim of maintaining public confidence in the profession. These elements ./_REDACTED__Akram_Adam_SoS_decision.pdf:are that the facts found involved breaches of KCSIE, the misconduct relates to a sexual ./_REDACTED__Akram_Adam_SoS_decision.pdf-relationship with a child and that the panel considered that Mr Akram has not yet ./_REDACTED__Akram_Adam_SoS_decision.pdf-recognised any impact that his actions may have had on Pupil A, which in my opinion ./_REDACTED__Akram_Adam_SoS_decision.pdf-highlights a lack of full insight after receiving professional help, completing counselling ./_REDACTED__Akram_Adam_SoS_decision.pdf-sessions and engaging in private therapy sessions. I have also given less weight to the ./_REDACTED__Akram_Adam_SoS_decision.pdf-possibility of Mr Akram making a valuable contribution to the profession given his ./_REDACTED__Akram_Adam_SoS_decision.pdf-experience as a mathematics teacher. ./_REDACTED__Akram_Adam_SoS_decision.pdf- ./_REDACTED__Akram_Adam_SoS_decision.pdf- ./_REDACTED__Akram_Adam_SoS_decision.pdf- ./_REDACTED__Akram_Adam_SoS_decision.pdf- 19 ./_REDACTED__Batterham_Andrew_SoS_Decision.pdf- ./_REDACTED__Batterham_Andrew_SoS_Decision.pdf-It was alleged that Mr Batterham was guilty of unacceptable professional conduct and/or ./_REDACTED__Batterham_Andrew_SoS_Decision.pdf-conduct that may bring the profession into disrepute in that in that whilst employed as a ./_REDACTED__Batterham_Andrew_SoS_Decision.pdf-Teacher at the Leys School: ./_REDACTED__Batterham_Andrew_SoS_Decision.pdf- ./_REDACTED__Batterham_Andrew_SoS_Decision.pdf-1. He failed to maintain appropriate professional boundaries and/or developed an ./_REDACTED__Batterham_Andrew_SoS_Decision.pdf-inappropriate relationship with; ./_REDACTED__Batterham_Andrew_SoS_Decision.pdf- ./_REDACTED__Batterham_Andrew_SoS_Decision.pdf- a. Pupil A between 2000 and 2005, including by; ./_REDACTED__Batterham_Andrew_SoS_Decision.pdf- ./_REDACTED__Batterham_Andrew_SoS_Decision.pdf: i. sending Pupil A text messages, including messages that were sexual in ./_REDACTED__Batterham_Andrew_SoS_Decision.pdf- nature; ./_REDACTED__Batterham_Andrew_SoS_Decision.pdf- ./_REDACTED__Batterham_Andrew_SoS_Decision.pdf- ii. meeting Pupil A alone in his car on one or more occasions; ./_REDACTED__Batterham_Andrew_SoS_Decision.pdf- ./_REDACTED__Batterham_Andrew_SoS_Decision.pdf- iii. meeting Pupil A in a pub and/or nightclub and/or permitting Pupil A to ./_REDACTED__Batterham_Andrew_SoS_Decision.pdf- drink alcohol on those occasions; ./_REDACTED__Batterham_Andrew_SoS_Decision.pdf- ./_REDACTED__Batterham_Andrew_SoS_Decision.pdf- iv. going out for dinner with Pupil A and/or purchasing food and/or drink for ./_REDACTED__Batterham_Andrew_SoS_Decision.pdf- Pupil A on this occasion; ./_REDACTED__Batterham_Andrew_SoS_Decision.pdf- ./_REDACTED__Batterham_Andrew_SoS_Decision.pdf- v. kissing Pupil A on one or more occasions including at the school and/or a ./_REDACTED__Batterham_Andrew_SoS_Decision.pdf- nightclub and/or in his car and/or at his home; ./_REDACTED__Batterham_Andrew_SoS_Decision.pdf- ./_REDACTED__Batterham_Andrew_SoS_Decision.pdf- vi. whilst at a nightclub, asking Pupil A to place [REDACTED] hand down ./_REDACTED__Batterham_Andrew_SoS_Decision.pdf- his trousers and/or permitting Pupil A to touch his penis; ./_REDACTED__Batterham_Andrew_SoS_Decision.pdf- ./_REDACTED__Batterham_Andrew_SoS_Decision.pdf- vii. inviting Pupil A around to his property on one or more occasions and/or ./_REDACTED__Batterham_Andrew_SoS_Decision.pdf- drinking alcohol with Pupil A whilst [REDACTED] was at his property on ./_REDACTED__Batterham_Andrew_SoS_Decision.pdf- those occasions; ./_REDACTED__Batterham_Andrew_SoS_Decision.pdf- ./_REDACTED__Batterham_Andrew_SoS_Decision.pdf: viii. engaging in sexual activity with Pupil A at his property on one or more ./_REDACTED__Batterham_Andrew_SoS_Decision.pdf- occasions. ./_REDACTED__Batterham_Andrew_SoS_Decision.pdf- ./_REDACTED__Batterham_Andrew_SoS_Decision.pdf- b. Pupil B between 2000 and 2005, including by; ./_REDACTED__Batterham_Andrew_SoS_Decision.pdf- ./_REDACTED__Batterham_Andrew_SoS_Decision.pdf- i. sending Pupil B text messages, including text messages where he ./_REDACTED__Batterham_Andrew_SoS_Decision.pdf- commented upon [REDACTED]; ./_REDACTED__Batterham_Andrew_SoS_Decision.pdf- ./_REDACTED__Batterham_Andrew_SoS_Decision.pdf- ii. meeting Pupil B alone in his car on one or more occasions; ./_REDACTED__Batterham_Andrew_SoS_Decision.pdf- ./_REDACTED__Batterham_Andrew_SoS_Decision.pdf- iii. kissing Pupil B on one or more occasions; -- ./_REDACTED__Batterham_Andrew_SoS_Decision.pdf: iv. asking Pupil B to have sexual intercourse with him; ./_REDACTED__Batterham_Andrew_SoS_Decision.pdf- ./_REDACTED__Batterham_Andrew_SoS_Decision.pdf: v. engaging in sexual activity with Pupil B. ./_REDACTED__Batterham_Andrew_SoS_Decision.pdf- ./_REDACTED__Batterham_Andrew_SoS_Decision.pdf:2. His conduct at allegation la and/or 1 b was of a sexual nature and/or was sexually ./_REDACTED__Batterham_Andrew_SoS_Decision.pdf-Motivated. ./_REDACTED__Batterham_Andrew_SoS_Decision.pdf- ./_REDACTED__Batterham_Andrew_SoS_Decision.pdf-Mr Batterham did not provide a formal response to the Notice. In the absence of any ./_REDACTED__Batterham_Andrew_SoS_Decision.pdf-clear admission or denial of the allegations by Mr Batterham, the TRA was put to their ./_REDACTED__Batterham_Andrew_SoS_Decision.pdf-burden of proof, as in any other disputed case. ./_REDACTED__Batterham_Andrew_SoS_Decision.pdf- ./_REDACTED__Batterham_Andrew_SoS_Decision.pdf- ./_REDACTED__Batterham_Andrew_SoS_Decision.pdf-Preliminary applications ./_REDACTED__Batterham_Andrew_SoS_Decision.pdf-Application to admit further documents ./_REDACTED__Batterham_Andrew_SoS_Decision.pdf- -- ./_REDACTED__Batterham_Andrew_SoS_Decision.pdf-Decision and reasons ./_REDACTED__Batterham_Andrew_SoS_Decision.pdf-The panel announced its decision and reasons as follows: ./_REDACTED__Batterham_Andrew_SoS_Decision.pdf- ./_REDACTED__Batterham_Andrew_SoS_Decision.pdf-The panel carefully considered the case before it and reached a decision. ./_REDACTED__Batterham_Andrew_SoS_Decision.pdf- ./_REDACTED__Batterham_Andrew_SoS_Decision.pdf-The Leys School (the "School") is a co-educational independent secondary school which ./_REDACTED__Batterham_Andrew_SoS_Decision.pdf-receives both day and boarding pupils. Mr Batterham was employed by the school from ./_REDACTED__Batterham_Andrew_SoS_Decision.pdf-1994 and was a teacher in English and Games from 1997. ./_REDACTED__Batterham_Andrew_SoS_Decision.pdf- ./_REDACTED__Batterham_Andrew_SoS_Decision.pdf-In 2017, Pupil A made a disclosure [REDACTED] that [REDACTED] had been engaged ./_REDACTED__Batterham_Andrew_SoS_Decision.pdf:in a sexual relationship with Mr Batterham during [REDACTED] time at the School, which ./_REDACTED__Batterham_Andrew_SoS_Decision.pdf-was in-between 2000 and 2005. Following that disclosure, Pupil A was advised to speak ./_REDACTED__Batterham_Andrew_SoS_Decision.pdf-to the police and a subsequent criminal investigation was undertaken. In January 2019, ./_REDACTED__Batterham_Andrew_SoS_Decision.pdf-Pupil A attended the police station to give a interview. The investigation resulted in the ./_REDACTED__Batterham_Andrew_SoS_Decision.pdf-police taking no further action. Following advice from the Local Authority Designated ./_REDACTED__Batterham_Andrew_SoS_Decision.pdf-Officer, the School also undertook its own internal investigation. During this investigation, ./_REDACTED__Batterham_Andrew_SoS_Decision.pdf-Mr Batterham came to an agreement with the School to resign, which took place on 27 ./_REDACTED__Batterham_Andrew_SoS_Decision.pdf-March 2020, and the School made a referral to the TRA. ./_REDACTED__Batterham_Andrew_SoS_Decision.pdf- ./_REDACTED__Batterham_Andrew_SoS_Decision.pdf-Findings of fact ./_REDACTED__Batterham_Andrew_SoS_Decision.pdf- -- ./_REDACTED__Batterham_Andrew_SoS_Decision.pdf-of their evidence which suggested it was unreliable or not credible. ./_REDACTED__Batterham_Andrew_SoS_Decision.pdf- ./_REDACTED__Batterham_Andrew_SoS_Decision.pdf-The panel also considered an application by the TRA to draw an adverse inference, ./_REDACTED__Batterham_Andrew_SoS_Decision.pdf-following Mr Batterham's failure to give evidence at the hearing. The TRA submitted the ./_REDACTED__Batterham_Andrew_SoS_Decision.pdf-test from the leading authority of R (Kuzmin) v GMC [2019] EWHC 2129 (Admin) had ./_REDACTED__Batterham_Andrew_SoS_Decision.pdf-been satisfied. The panel followed the advice from the independent legal adviser in ./_REDACTED__Batterham_Andrew_SoS_Decision.pdf-determining this aspect and considered the four limbs set out in the case: ./_REDACTED__Batterham_Andrew_SoS_Decision.pdf- ./_REDACTED__Batterham_Andrew_SoS_Decision.pdf-1) The panel were satisfied, as a matter of law, there was a prima facia case to ./_REDACTED__Batterham_Andrew_SoS_Decision.pdf- answer in this case. The evidence, if found proven would plainly amount to a ./_REDACTED__Batterham_Andrew_SoS_Decision.pdf: serious case of sexual misconduct with pupils. ./_REDACTED__Batterham_Andrew_SoS_Decision.pdf- ./_REDACTED__Batterham_Andrew_SoS_Decision.pdf-2) The panel's attention was drawn to the Notice (sent on 19 October 2022 and re- ./_REDACTED__Batterham_Andrew_SoS_Decision.pdf- sent on 19 December 2022) and a further email dated 23 February 2023, which ./_REDACTED__Batterham_Andrew_SoS_Decision.pdf- purported to put Mr Batterham on notice and warned him about a potential ./_REDACTED__Batterham_Andrew_SoS_Decision.pdf- adverse inference being drawn. The panel was satisfied that the content of these ./_REDACTED__Batterham_Andrew_SoS_Decision.pdf- notices and warnings were sufficient to be considered as adequate under this limb ./_REDACTED__Batterham_Andrew_SoS_Decision.pdf- of the test. The panel was further satisfied that adequate opportunity had been ./_REDACTED__Batterham_Andrew_SoS_Decision.pdf- provided to Mr Batterham to provide evidence if he wished to and that no ./_REDACTED__Batterham_Andrew_SoS_Decision.pdf- procedural unfairness would arise to him if the panel did not pause the ./_REDACTED__Batterham_Andrew_SoS_Decision.pdf- proceedings to provide a further opportunity. -- ./_REDACTED__Batterham_Andrew_SoS_Decision.pdf- ./_REDACTED__Batterham_Andrew_SoS_Decision.pdf-The panel took into account all of evidence before it. However, in its reasons, it will not ./_REDACTED__Batterham_Andrew_SoS_Decision.pdf-make reference to every piece of evidence it has considered. ./_REDACTED__Batterham_Andrew_SoS_Decision.pdf- ./_REDACTED__Batterham_Andrew_SoS_Decision.pdf-1. You failed to maintain appropriate professional boundaries and/or developed an ./_REDACTED__Batterham_Andrew_SoS_Decision.pdf-inappropriate relationship with; ./_REDACTED__Batterham_Andrew_SoS_Decision.pdf- ./_REDACTED__Batterham_Andrew_SoS_Decision.pdf- a. Pupil A between 2000 and 2005, including by; ./_REDACTED__Batterham_Andrew_SoS_Decision.pdf- ./_REDACTED__Batterham_Andrew_SoS_Decision.pdf- i. sending Pupil A text messages, including messages that were ./_REDACTED__Batterham_Andrew_SoS_Decision.pdf: sexual in nature; ./_REDACTED__Batterham_Andrew_SoS_Decision.pdf- ./_REDACTED__Batterham_Andrew_SoS_Decision.pdf-Pupil A attended the School from Year 9 in [REDACTED] and left at the end of Year 13 in ./_REDACTED__Batterham_Andrew_SoS_Decision.pdf-[REDACTED]. In Years 9-11, Pupil A was a [REDACTED] at the School and in Years 12 ./_REDACTED__Batterham_Andrew_SoS_Decision.pdf-and 13, [REDACTED]. ./_REDACTED__Batterham_Andrew_SoS_Decision.pdf- ./_REDACTED__Batterham_Andrew_SoS_Decision.pdf-Pupil A's initial contact with Mr Batterham was in Years 10 and 11. Pupil A was a ./_REDACTED__Batterham_Andrew_SoS_Decision.pdf-member of [REDACTED] and Mr Batterham was a coach in that team. Mr Batterham also ./_REDACTED__Batterham_Andrew_SoS_Decision.pdf-ran a regular acoustic music session, known as 'Unplugged' where pupils got together to ./_REDACTED__Batterham_Andrew_SoS_Decision.pdf-play cover songs. This happened around once every term. [REDACTED]. ./_REDACTED__Batterham_Andrew_SoS_Decision.pdf- -- ./_REDACTED__Batterham_Andrew_SoS_Decision.pdf:and their sexual activity with each other. Pupil A stated that the messages made ./_REDACTED__Batterham_Andrew_SoS_Decision.pdf-[REDACTED] feel both special and uncomfortable at the same time. ./_REDACTED__Batterham_Andrew_SoS_Decision.pdf- ./_REDACTED__Batterham_Andrew_SoS_Decision.pdf- ii. meeting Pupil A alone in his car on one or more occasions; ./_REDACTED__Batterham_Andrew_SoS_Decision.pdf- ./_REDACTED__Batterham_Andrew_SoS_Decision.pdf-Arrangements were made in text messages for Pupil A and Mr Batterham to meet and ./_REDACTED__Batterham_Andrew_SoS_Decision.pdf-spend time together in his car, which was parked opposite the staff room. This would ./_REDACTED__Batterham_Andrew_SoS_Decision.pdf-happen around once a week around 6pm when most people had gone home. Pupil A ./_REDACTED__Batterham_Andrew_SoS_Decision.pdf-described these occasions as lasting around 30 to 45 minutes and they would spend the ./_REDACTED__Batterham_Andrew_SoS_Decision.pdf-time talking. Pupil A would get into the car and sit in the front passenger seat. ./_REDACTED__Batterham_Andrew_SoS_Decision.pdf-[REDACTED] described it as a double parking space and [REDACTED] would be able to -- ./_REDACTED__Batterham_Andrew_SoS_Decision.pdf-down his trousers. Pupil A explained [REDACTED] fumbled with his penis and testicles ./_REDACTED__Batterham_Andrew_SoS_Decision.pdf-on top of his underwear. Pupil A stated that [REDACTED] thought one of the teachers ./_REDACTED__Batterham_Andrew_SoS_Decision.pdf-saw what was happening so [REDACTED] stopped. ./_REDACTED__Batterham_Andrew_SoS_Decision.pdf- ./_REDACTED__Batterham_Andrew_SoS_Decision.pdf- vii. inviting Pupil A around to your property on one or more occasions ./_REDACTED__Batterham_Andrew_SoS_Decision.pdf- and/or drinking alcohol with Pupil A whilst [REDACTED] was at your ./_REDACTED__Batterham_Andrew_SoS_Decision.pdf- property on those occasions; ./_REDACTED__Batterham_Andrew_SoS_Decision.pdf- ./_REDACTED__Batterham_Andrew_SoS_Decision.pdf- and ./_REDACTED__Batterham_Andrew_SoS_Decision.pdf- ./_REDACTED__Batterham_Andrew_SoS_Decision.pdf: viii. engaging in sexual activity with Pupil A at your property on one or ./_REDACTED__Batterham_Andrew_SoS_Decision.pdf- more occasions. ./_REDACTED__Batterham_Andrew_SoS_Decision.pdf- ./_REDACTED__Batterham_Andrew_SoS_Decision.pdf-Pupil A's evidence was that [REDACTED] visited Mr Batterham's home in Hilton on three ./_REDACTED__Batterham_Andrew_SoS_Decision.pdf-occasions. ./_REDACTED__Batterham_Andrew_SoS_Decision.pdf- ./_REDACTED__Batterham_Andrew_SoS_Decision.pdf-One of those occasions was when Pupil A was in Year 12. Mr Batterham had driven ./_REDACTED__Batterham_Andrew_SoS_Decision.pdf-[REDACTED] to his house on a Saturday. They watched the film Casablanca and ./_REDACTED__Batterham_Andrew_SoS_Decision.pdf-[REDACTED] drank around four to five wines or beers, which Mr Batterham had ./_REDACTED__Batterham_Andrew_SoS_Decision.pdf-provided. Pupil A described them as kissing and caressing each other's genitals and only ./_REDACTED__Batterham_Andrew_SoS_Decision.pdf-wearing their underwear. Pupil A stayed at his address for around six to seven hours and ./_REDACTED__Batterham_Andrew_SoS_Decision.pdf-then he dropped [REDACTED] off at the top of [REDACTED] road, so that others would ./_REDACTED__Batterham_Andrew_SoS_Decision.pdf-not see. Pupil A explained that at the time it made [REDACTED] feel very special, but ./_REDACTED__Batterham_Andrew_SoS_Decision.pdf-now it made [REDACTED] feel disgusted. ./_REDACTED__Batterham_Andrew_SoS_Decision.pdf- ./_REDACTED__Batterham_Andrew_SoS_Decision.pdf-A further occasion was around the time of Pupil A's A-Level exams. They arranged to ./_REDACTED__Batterham_Andrew_SoS_Decision.pdf-meet the next morning and Pupil A got a taxi to his house. As soon as [REDACTED] ./_REDACTED__Batterham_Andrew_SoS_Decision.pdf-arrived, they went into Mr Batterham's bedroom and started kissing and removing ./_REDACTED__Batterham_Andrew_SoS_Decision.pdf:clothes. Pupil A explained that [REDACTED] performed oral sex on Mr Batterham during ./_REDACTED__Batterham_Andrew_SoS_Decision.pdf-this time. ./_REDACTED__Batterham_Andrew_SoS_Decision.pdf- ./_REDACTED__Batterham_Andrew_SoS_Decision.pdf-On the last of those occasions, Mr Batterham drove Pupil A to his house and they had ./_REDACTED__Batterham_Andrew_SoS_Decision.pdf-some food and wine. After several hours, Pupil A felt drunk and they went upstairs to his ./_REDACTED__Batterham_Andrew_SoS_Decision.pdf:bedroom and had sexual intercourse. ./_REDACTED__Batterham_Andrew_SoS_Decision.pdf- ./_REDACTED__Batterham_Andrew_SoS_Decision.pdf:Mr Batterham abruptly ended contact with Pupil A after they had engaged in sexual ./_REDACTED__Batterham_Andrew_SoS_Decision.pdf-intercourse. [REDACTED] ./_REDACTED__Batterham_Andrew_SoS_Decision.pdf- ./_REDACTED__Batterham_Andrew_SoS_Decision.pdf- 15 ./_REDACTED__Batterham_Andrew_SoS_Decision.pdf- -- ./_REDACTED__Batterham_Andrew_SoS_Decision.pdf- ./_REDACTED__Batterham_Andrew_SoS_Decision.pdf-When Pupil A was in Year 13, [REDACTED] stated that Pupil B was moved into the same ./_REDACTED__Batterham_Andrew_SoS_Decision.pdf-school house as [REDACTED] and they became friends. Pupil B told Pupil A that ./_REDACTED__Batterham_Andrew_SoS_Decision.pdf-[REDACTED] had been messaging Mr Batterham and that they had kissed on one ./_REDACTED__Batterham_Andrew_SoS_Decision.pdf-occasion. ./_REDACTED__Batterham_Andrew_SoS_Decision.pdf- ./_REDACTED__Batterham_Andrew_SoS_Decision.pdf-Pupil A had also confided in Pupil B about what had been happening between ./_REDACTED__Batterham_Andrew_SoS_Decision.pdf-[REDACTED] and Mr Batterham and [REDACTED] became upset and angry that he was ./_REDACTED__Batterham_Andrew_SoS_Decision.pdf-also contacting Pupil B. [REDACTED]. ./_REDACTED__Batterham_Andrew_SoS_Decision.pdf- ./_REDACTED__Batterham_Andrew_SoS_Decision.pdf: iv. asking Pupil B to have sexual intercourse with you; ./_REDACTED__Batterham_Andrew_SoS_Decision.pdf- ./_REDACTED__Batterham_Andrew_SoS_Decision.pdf- and ./_REDACTED__Batterham_Andrew_SoS_Decision.pdf- ./_REDACTED__Batterham_Andrew_SoS_Decision.pdf: v. engaging in sexual activity with Pupil B. ./_REDACTED__Batterham_Andrew_SoS_Decision.pdf- ./_REDACTED__Batterham_Andrew_SoS_Decision.pdf-Pupil B explained that in the Summer of 2005, Mr Batterham invited [REDACTED] to his ./_REDACTED__Batterham_Andrew_SoS_Decision.pdf-house and [REDACTED] went over there on her scooter. They watched a film and had ./_REDACTED__Batterham_Andrew_SoS_Decision.pdf-food, but did not consume any alcohol. Pupil B was sat on Mr Batterham's lap and they ./_REDACTED__Batterham_Andrew_SoS_Decision.pdf-started kissing with tongues. Pupil B recalled that Mr Batterham was touching ./_REDACTED__Batterham_Andrew_SoS_Decision.pdf-[REDACTED] and [REDACTED] thought that he had an erection and [REDACTED] ./_REDACTED__Batterham_Andrew_SoS_Decision.pdf:stopped any further activity taking place as [REDACTED] did not want to have sex. ./_REDACTED__Batterham_Andrew_SoS_Decision.pdf-[REDACTED] left after a while and on the journey realised that [REDACTED] had left a ./_REDACTED__Batterham_Andrew_SoS_Decision.pdf-DVD at Mr Batterham's address, so returned on [REDACTED] scooter to pick it up. ./_REDACTED__Batterham_Andrew_SoS_Decision.pdf- ./_REDACTED__Batterham_Andrew_SoS_Decision.pdf:Once back they kissed again and Mr Batterham asked [REDACTED] to have sex with ./_REDACTED__Batterham_Andrew_SoS_Decision.pdf-him, which Pupil B laughed off and left. ./_REDACTED__Batterham_Andrew_SoS_Decision.pdf- ./_REDACTED__Batterham_Andrew_SoS_Decision.pdf:2. Your conduct at allegation 1(a) and/or 1(b) was of a sexual nature and/or was ./_REDACTED__Batterham_Andrew_SoS_Decision.pdf:sexually motivated. ./_REDACTED__Batterham_Andrew_SoS_Decision.pdf- ./_REDACTED__Batterham_Andrew_SoS_Decision.pdf-Having found allegation 1(a) and (b) proved in full, the panel went on to consider ./_REDACTED__Batterham_Andrew_SoS_Decision.pdf-allegation 2. ./_REDACTED__Batterham_Andrew_SoS_Decision.pdf- ./_REDACTED__Batterham_Andrew_SoS_Decision.pdf:The proven conduct in regard to Pupil A involves sexual intercourse and oral sex. The ./_REDACTED__Batterham_Andrew_SoS_Decision.pdf:panel considered those activities were plainly of a sexual nature. ./_REDACTED__Batterham_Andrew_SoS_Decision.pdf- ./_REDACTED__Batterham_Andrew_SoS_Decision.pdf-The panel was also satisfied that contact between Pupil B and Mr Batterham detailed at ./_REDACTED__Batterham_Andrew_SoS_Decision.pdf:allegation 1(b)(vi) was also plainly of a sexual nature. ./_REDACTED__Batterham_Andrew_SoS_Decision.pdf- ./_REDACTED__Batterham_Andrew_SoS_Decision.pdf- 17 ./_REDACTED__Batterham_Andrew_SoS_Decision.pdf- -- ./_REDACTED__Batterham_Andrew_SoS_Decision.pdf-Furthermore, the panel noted the similar actions taken by Mr Batterham with both Pupil A ./_REDACTED__Batterham_Andrew_SoS_Decision.pdf-and B, such as: taking them for isolated talks, the content of text messages, kissing and ./_REDACTED__Batterham_Andrew_SoS_Decision.pdf-bringing them to his home address. The panel was satisfied that it was more likely than ./_REDACTED__Batterham_Andrew_SoS_Decision.pdf:not, the purpose of these activities was in the pursuit of a future sexual relationship and ./_REDACTED__Batterham_Andrew_SoS_Decision.pdf-therefore find allegation 2 proved in full. ./_REDACTED__Batterham_Andrew_SoS_Decision.pdf- ./_REDACTED__Batterham_Andrew_SoS_Decision.pdf-Findings as to unacceptable professional conduct and/or conduct that ./_REDACTED__Batterham_Andrew_SoS_Decision.pdf-may bring the profession into disrepute ./_REDACTED__Batterham_Andrew_SoS_Decision.pdf- ./_REDACTED__Batterham_Andrew_SoS_Decision.pdf-Having found all of the allegations proved, the panel went on to consider whether the ./_REDACTED__Batterham_Andrew_SoS_Decision.pdf-facts of those proved allegations amounted to unacceptable professional conduct and/or ./_REDACTED__Batterham_Andrew_SoS_Decision.pdf-conduct that may bring the profession into disrepute. ./_REDACTED__Batterham_Andrew_SoS_Decision.pdf- ./_REDACTED__Batterham_Andrew_SoS_Decision.pdf-In doing so, the panel had regard to the document Teacher Misconduct: The Prohibition -- ./_REDACTED__Batterham_Andrew_SoS_Decision.pdf- with statutory provisions ./_REDACTED__Batterham_Andrew_SoS_Decision.pdf- ./_REDACTED__Batterham_Andrew_SoS_Decision.pdf-  Teachers must have an understanding of, and always act within, the statutory ./_REDACTED__Batterham_Andrew_SoS_Decision.pdf- frameworks which set out their professional duties and responsibilities. ./_REDACTED__Batterham_Andrew_SoS_Decision.pdf- ./_REDACTED__Batterham_Andrew_SoS_Decision.pdf-The maintenance of appropriate relationships with pupils are of fundamental importance ./_REDACTED__Batterham_Andrew_SoS_Decision.pdf-to members of the profession. Mr Batterham's actions overstepped the boundary by a ./_REDACTED__Batterham_Andrew_SoS_Decision.pdf-wide, if not the widest, mark. ./_REDACTED__Batterham_Andrew_SoS_Decision.pdf- ./_REDACTED__Batterham_Andrew_SoS_Decision.pdf-The conduct of Mr Batterham is significantly aggravated by his repeated incidents of ./_REDACTED__Batterham_Andrew_SoS_Decision.pdf:sexual misconduct and with more than one pupil. The evidence in this case ./_REDACTED__Batterham_Andrew_SoS_Decision.pdf-demonstrated that Mr Batterham showed a willing disregard to the well-being of pupils in ./_REDACTED__Batterham_Andrew_SoS_Decision.pdf:his care, who he knew to be vulnerable, which he exploited for his own sexual ./_REDACTED__Batterham_Andrew_SoS_Decision.pdf-gratification. ./_REDACTED__Batterham_Andrew_SoS_Decision.pdf- ./_REDACTED__Batterham_Andrew_SoS_Decision.pdf-The panel also considered whether Mr Batterham's conduct displayed behaviours ./_REDACTED__Batterham_Andrew_SoS_Decision.pdf-associated with any of the offences listed on pages 12 to 14 of the Advice. The panel ./_REDACTED__Batterham_Andrew_SoS_Decision.pdf:found that the offences of sexual activity and sexual communication with a child were ./_REDACTED__Batterham_Andrew_SoS_Decision.pdf- ./_REDACTED__Batterham_Andrew_SoS_Decision.pdf- ./_REDACTED__Batterham_Andrew_SoS_Decision.pdf- 18 ./_REDACTED__Batterham_Andrew_SoS_Decision.pdf- -- ./_REDACTED__Batterham_Andrew_SoS_Decision.pdf-In the light of the panel’s findings against Mr Batterham which involved multiple ./_REDACTED__Batterham_Andrew_SoS_Decision.pdf:occasions of sexual misconduct with pupils, there was a strong public interest ./_REDACTED__Batterham_Andrew_SoS_Decision.pdf-consideration in respect of the protection of pupils. Similarly, the panel considered that ./_REDACTED__Batterham_Andrew_SoS_Decision.pdf-public confidence in the profession could be seriously weakened if conduct such as that ./_REDACTED__Batterham_Andrew_SoS_Decision.pdf-found against Mr Batterham were not treated with the utmost seriousness when ./_REDACTED__Batterham_Andrew_SoS_Decision.pdf-regulating the conduct of the profession. The panel was of the view that a strong public ./_REDACTED__Batterham_Andrew_SoS_Decision.pdf-interest consideration in declaring proper standards of conduct in the profession was also ./_REDACTED__Batterham_Andrew_SoS_Decision.pdf-present as the conduct found against Mr Batterham was far beyond that which could ./_REDACTED__Batterham_Andrew_SoS_Decision.pdf-reasonably be tolerated. ./_REDACTED__Batterham_Andrew_SoS_Decision.pdf- ./_REDACTED__Batterham_Andrew_SoS_Decision.pdf-In carrying out the balancing exercise, the panel had regard to the public interest ./_REDACTED__Batterham_Andrew_SoS_Decision.pdf-considerations both in favour of, and against, prohibition as well as the interests of Mr -- ./_REDACTED__Batterham_Andrew_SoS_Decision.pdf- ./_REDACTED__Batterham_Andrew_SoS_Decision.pdf-  serious departure from the personal and professional conduct elements of the ./_REDACTED__Batterham_Andrew_SoS_Decision.pdf- Teachers’ Standards; ./_REDACTED__Batterham_Andrew_SoS_Decision.pdf- ./_REDACTED__Batterham_Andrew_SoS_Decision.pdf-  misconduct seriously affecting the education and/or safeguarding and well-being ./_REDACTED__Batterham_Andrew_SoS_Decision.pdf- of pupils, and particularly where there is a continuing risk; ./_REDACTED__Batterham_Andrew_SoS_Decision.pdf- ./_REDACTED__Batterham_Andrew_SoS_Decision.pdf-  abuse of position or trust (particularly involving pupils); ./_REDACTED__Batterham_Andrew_SoS_Decision.pdf- ./_REDACTED__Batterham_Andrew_SoS_Decision.pdf-  an abuse of any trust, knowledge, or influence gained through their professional ./_REDACTED__Batterham_Andrew_SoS_Decision.pdf: position in order to advance a romantic or sexual relationship with a pupil or former ./_REDACTED__Batterham_Andrew_SoS_Decision.pdf- pupil; ./_REDACTED__Batterham_Andrew_SoS_Decision.pdf- ./_REDACTED__Batterham_Andrew_SoS_Decision.pdf:  sexual misconduct, e.g. involving actions that were sexually motivated or of a ./_REDACTED__Batterham_Andrew_SoS_Decision.pdf: sexual nature and/or that use or exploit the trust, knowledge or influence derived ./_REDACTED__Batterham_Andrew_SoS_Decision.pdf- from the individual’s professional position; ./_REDACTED__Batterham_Andrew_SoS_Decision.pdf- ./_REDACTED__Batterham_Andrew_SoS_Decision.pdf-  failure in their duty of care towards a child, including exposing a child to risk or ./_REDACTED__Batterham_Andrew_SoS_Decision.pdf- failing to promote the safety and welfare of the children (as set out in Part 1 of ./_REDACTED__Batterham_Andrew_SoS_Decision.pdf- KCSIE); ./_REDACTED__Batterham_Andrew_SoS_Decision.pdf- ./_REDACTED__Batterham_Andrew_SoS_Decision.pdf-  violation of the rights of pupils; ./_REDACTED__Batterham_Andrew_SoS_Decision.pdf- ./_REDACTED__Batterham_Andrew_SoS_Decision.pdf:The panel considered that Mr Batterham had embarked on a sustained course of sexual ./_REDACTED__Batterham_Andrew_SoS_Decision.pdf-misconduct with more than one pupil. Mr Batterham exploited pupils with known ./_REDACTED__Batterham_Andrew_SoS_Decision.pdf:vulnerabilities including providing them with alcohol and using them for his own sexual ./_REDACTED__Batterham_Andrew_SoS_Decision.pdf-gratification. The panel was satisfied that Mr Batterham presented a real and ongoing risk ./_REDACTED__Batterham_Andrew_SoS_Decision.pdf-to the wellbeing of pupils. ./_REDACTED__Batterham_Andrew_SoS_Decision.pdf- ./_REDACTED__Batterham_Andrew_SoS_Decision.pdf-Even though some of the behaviour found proved in this case indicated that a prohibition ./_REDACTED__Batterham_Andrew_SoS_Decision.pdf-order would be appropriate, the panel went on to consider the mitigating factors. ./_REDACTED__Batterham_Andrew_SoS_Decision.pdf- ./_REDACTED__Batterham_Andrew_SoS_Decision.pdf- ./_REDACTED__Batterham_Andrew_SoS_Decision.pdf- ./_REDACTED__Batterham_Andrew_SoS_Decision.pdf- 20 ./_REDACTED__Batterham_Andrew_SoS_Decision.pdf- -- ./_REDACTED__Batterham_Andrew_SoS_Decision.pdf- ./_REDACTED__Batterham_Andrew_SoS_Decision.pdf-The panel went on to consider whether or not it would be appropriate for it to decide to ./_REDACTED__Batterham_Andrew_SoS_Decision.pdf-recommend a review period of the order. The panel was mindful that the Advice states ./_REDACTED__Batterham_Andrew_SoS_Decision.pdf-that a prohibition order applies for life, but there may be circumstances, in any given ./_REDACTED__Batterham_Andrew_SoS_Decision.pdf-case, that may make it appropriate to allow a teacher to apply to have the prohibition ./_REDACTED__Batterham_Andrew_SoS_Decision.pdf-order reviewed after a specified period of time that may not be less than 2 years. ./_REDACTED__Batterham_Andrew_SoS_Decision.pdf- ./_REDACTED__Batterham_Andrew_SoS_Decision.pdf-The Advice indicates that there are behaviours that, if proved, would militate against the ./_REDACTED__Batterham_Andrew_SoS_Decision.pdf-recommendation of a review period. Those behaviours include: ./_REDACTED__Batterham_Andrew_SoS_Decision.pdf- ./_REDACTED__Batterham_Andrew_SoS_Decision.pdf:  serious sexual misconduct, such as where the act was sexually motivated and ./_REDACTED__Batterham_Andrew_SoS_Decision.pdf- resulted in, or had the potential to result in, harm to a person or persons, ./_REDACTED__Batterham_Andrew_SoS_Decision.pdf- particularly where the individual has used his professional position to influence or ./_REDACTED__Batterham_Andrew_SoS_Decision.pdf- exploit a person or persons. ./_REDACTED__Batterham_Andrew_SoS_Decision.pdf- ./_REDACTED__Batterham_Andrew_SoS_Decision.pdf:  any sexual misconduct involving a child. ./_REDACTED__Batterham_Andrew_SoS_Decision.pdf- ./_REDACTED__Batterham_Andrew_SoS_Decision.pdf-The panel decided that the findings indicated a situation in which a review period would ./_REDACTED__Batterham_Andrew_SoS_Decision.pdf-not be appropriate and, as such, decided that it would be proportionate, in all the ./_REDACTED__Batterham_Andrew_SoS_Decision.pdf-circumstances, for the prohibition order to be recommended without provisions for a ./_REDACTED__Batterham_Andrew_SoS_Decision.pdf-review period. ./_REDACTED__Batterham_Andrew_SoS_Decision.pdf- ./_REDACTED__Batterham_Andrew_SoS_Decision.pdf- ./_REDACTED__Batterham_Andrew_SoS_Decision.pdf- 21 ./_REDACTED__Batterham_Andrew_SoS_Decision.pdf- -- ./_REDACTED__Batterham_Andrew_SoS_Decision.pdf- and at all times observing proper boundaries appropriate to a teacher’s ./_REDACTED__Batterham_Andrew_SoS_Decision.pdf- professional position ./_REDACTED__Batterham_Andrew_SoS_Decision.pdf- ./_REDACTED__Batterham_Andrew_SoS_Decision.pdf- o having regard for the need to safeguard pupils’ well-being, in accordance ./_REDACTED__Batterham_Andrew_SoS_Decision.pdf- with statutory provisions ./_REDACTED__Batterham_Andrew_SoS_Decision.pdf- ./_REDACTED__Batterham_Andrew_SoS_Decision.pdf-  Teachers must have an understanding of, and always act within, the statutory ./_REDACTED__Batterham_Andrew_SoS_Decision.pdf- frameworks which set out their professional duties and responsibilities. ./_REDACTED__Batterham_Andrew_SoS_Decision.pdf- ./_REDACTED__Batterham_Andrew_SoS_Decision.pdf-The findings of misconduct are particularly serious as they include, as the panel says, ./_REDACTED__Batterham_Andrew_SoS_Decision.pdf:“repeated incidents of sexual misconduct and with more than one pupil.” ./_REDACTED__Batterham_Andrew_SoS_Decision.pdf- ./_REDACTED__Batterham_Andrew_SoS_Decision.pdf-I have to determine whether the imposition of a prohibition order is proportionate and in ./_REDACTED__Batterham_Andrew_SoS_Decision.pdf-the public interest. In considering that for this case, I have considered the overall aim of a ./_REDACTED__Batterham_Andrew_SoS_Decision.pdf-prohibition order which is to protect pupils and to maintain public confidence in the ./_REDACTED__Batterham_Andrew_SoS_Decision.pdf-profession. I have considered the extent to which a prohibition order in this case would ./_REDACTED__Batterham_Andrew_SoS_Decision.pdf-achieve that aim taking into account the impact that it will have on the individual teacher. ./_REDACTED__Batterham_Andrew_SoS_Decision.pdf-I have also asked myself, whether a less intrusive measure, such as the published ./_REDACTED__Batterham_Andrew_SoS_Decision.pdf-finding of unacceptable professional conduct and conduct that may bring the profession ./_REDACTED__Batterham_Andrew_SoS_Decision.pdf-into disrepute, would itself be sufficient to achieve the overall aim. I have to consider ./_REDACTED__Batterham_Andrew_SoS_Decision.pdf-whether the consequences of such a publication are themselves sufficient. I have -- ./_REDACTED__Batterham_Andrew_SoS_Decision.pdf-In this case, I have considered the extent to which a prohibition order would protect ./_REDACTED__Batterham_Andrew_SoS_Decision.pdf-children and safeguard pupils. The panel has observed, “Mr Batterham showed a willing ./_REDACTED__Batterham_Andrew_SoS_Decision.pdf-disregard to the well-being of pupils in his care, who he knew to be vulnerable, which he ./_REDACTED__Batterham_Andrew_SoS_Decision.pdf:exploited for his own sexual gratification.” A prohibition order would therefore prevent ./_REDACTED__Batterham_Andrew_SoS_Decision.pdf-such a risk from being present in the future. ./_REDACTED__Batterham_Andrew_SoS_Decision.pdf- ./_REDACTED__Batterham_Andrew_SoS_Decision.pdf-I have also taken into account the panel’s comments on insight, which the panel sets out ./_REDACTED__Batterham_Andrew_SoS_Decision.pdf-as follows, “Mr Batterham has failed to fully engage in these proceedings and therefore ./_REDACTED__Batterham_Andrew_SoS_Decision.pdf-has not provided any material in mitigation or demonstrated any insight into these ./_REDACTED__Batterham_Andrew_SoS_Decision.pdf-issues.” In my judgement, the lack of full insight means that there is some risk of the ./_REDACTED__Batterham_Andrew_SoS_Decision.pdf-repetition of this behaviour and this puts at risk the future wellbeing of pupils. I have ./_REDACTED__Batterham_Andrew_SoS_Decision.pdf-therefore given this element considerable weight in reaching my decision. ./_REDACTED__Batterham_Andrew_SoS_Decision.pdf- ./_REDACTED__Batterham_Andrew_SoS_Decision.pdf-I have gone on to consider the extent to which a prohibition order would maintain public ./_REDACTED__Batterham_Andrew_SoS_Decision.pdf-confidence in the profession. The panel observe, “There can be no doubt as to the ./_REDACTED__Batterham_Andrew_SoS_Decision.pdf-importance of appropriate boundaries between pupils and teachers. Significant trust is ./_REDACTED__Batterham_Andrew_SoS_Decision.pdf-placed on teachers to keep within those boundaries and the panel was satisfied that Mr ./_REDACTED__Batterham_Andrew_SoS_Decision.pdf-Batterham's actions presents a real risk to the erosion of that trust that pupils, parents ./_REDACTED__Batterham_Andrew_SoS_Decision.pdf:and others place on the profession.” I am particularly mindful of the finding of sexual ./_REDACTED__Batterham_Andrew_SoS_Decision.pdf-misconduct in this case and the impact that such a finding has on the reputation of the ./_REDACTED__Batterham_Andrew_SoS_Decision.pdf-profession. ./_REDACTED__Batterham_Andrew_SoS_Decision.pdf- ./_REDACTED__Batterham_Andrew_SoS_Decision.pdf-I have had to consider that the public has a high expectation of professional standards of ./_REDACTED__Batterham_Andrew_SoS_Decision.pdf-all teachers and that the public might regard a failure to impose a prohibition order as a ./_REDACTED__Batterham_Andrew_SoS_Decision.pdf-failure to uphold those high standards. In weighing these considerations, I have had to ./_REDACTED__Batterham_Andrew_SoS_Decision.pdf-consider the matter from the point of view of an “ordinary intelligent and well-informed ./_REDACTED__Batterham_Andrew_SoS_Decision.pdf-citizen.” ./_REDACTED__Batterham_Andrew_SoS_Decision.pdf- ./_REDACTED__Batterham_Andrew_SoS_Decision.pdf-I have considered whether the publication of a finding of unacceptable professional -- ./_REDACTED__Batterham_Andrew_SoS_Decision.pdf-case. ./_REDACTED__Batterham_Andrew_SoS_Decision.pdf- ./_REDACTED__Batterham_Andrew_SoS_Decision.pdf-I have also considered the impact of a prohibition order on Mr Batterham himself. The ./_REDACTED__Batterham_Andrew_SoS_Decision.pdf-panel comment “There was no evidence before the panel to establish his contribution to ./_REDACTED__Batterham_Andrew_SoS_Decision.pdf-the education sector.” ./_REDACTED__Batterham_Andrew_SoS_Decision.pdf- ./_REDACTED__Batterham_Andrew_SoS_Decision.pdf-A prohibition order would prevent Mr Batterham from teaching and would also clearly ./_REDACTED__Batterham_Andrew_SoS_Decision.pdf-deprive the public of his contribution to the profession for the period that it is in force. ./_REDACTED__Batterham_Andrew_SoS_Decision.pdf- ./_REDACTED__Batterham_Andrew_SoS_Decision.pdf-In this case, I have placed considerable weight on the panel’s comments, “The panel ./_REDACTED__Batterham_Andrew_SoS_Decision.pdf:considered that Mr Batterham had embarked on a sustained course of sexual misconduct ./_REDACTED__Batterham_Andrew_SoS_Decision.pdf-with more than one pupil. Mr Batterham exploited pupils with known vulnerabilities ./_REDACTED__Batterham_Andrew_SoS_Decision.pdf:including providing them with alcohol and using them for his own sexual gratification. The ./_REDACTED__Batterham_Andrew_SoS_Decision.pdf- ./_REDACTED__Batterham_Andrew_SoS_Decision.pdf- ./_REDACTED__Batterham_Andrew_SoS_Decision.pdf- 23 ./_REDACTED__Batterham_Andrew_SoS_Decision.pdf- ./_REDACTED__Chinn_Adam_SoS_Decision.pdf- individual liberty and mutual respect… ./_REDACTED__Chinn_Adam_SoS_Decision.pdf- ./_REDACTED__Chinn_Adam_SoS_Decision.pdf- Teachers must have proper and professional regard for the ethos, policies and ./_REDACTED__Chinn_Adam_SoS_Decision.pdf- practices of the school in which they teach, ./_REDACTED__Chinn_Adam_SoS_Decision.pdf- ./_REDACTED__Chinn_Adam_SoS_Decision.pdf- Teachers must have an understanding of, and always act within, the statutory ./_REDACTED__Chinn_Adam_SoS_Decision.pdf- frameworks which set out their professional duties and responsibilities. ./_REDACTED__Chinn_Adam_SoS_Decision.pdf- ./_REDACTED__Chinn_Adam_SoS_Decision.pdf-The panel noted that the individual’s actions were relevant to teaching, working with ./_REDACTED__Chinn_Adam_SoS_Decision.pdf-children and working in an education setting. The conviction indicates that Mr Chinn ./_REDACTED__Chinn_Adam_SoS_Decision.pdf:poses a safeguarding risk. His sentence includes a registration requirement and a sexual ./_REDACTED__Chinn_Adam_SoS_Decision.pdf-harm prevention order, both for a period of 10 years. ./_REDACTED__Chinn_Adam_SoS_Decision.pdf- ./_REDACTED__Chinn_Adam_SoS_Decision.pdf-The panel noted that the behaviour involved in committing the offence would have been ./_REDACTED__Chinn_Adam_SoS_Decision.pdf-likely to have had an impact on the safety and/or security of children depicted within the ./_REDACTED__Chinn_Adam_SoS_Decision.pdf-images and videos. ./_REDACTED__Chinn_Adam_SoS_Decision.pdf- ./_REDACTED__Chinn_Adam_SoS_Decision.pdf- 6 ./_REDACTED__Chinn_Adam_SoS_Decision.pdf- -- ./_REDACTED__Chinn_Adam_SoS_Decision.pdf- the commission of a serious criminal offence, including those that resulted in a ./_REDACTED__Chinn_Adam_SoS_Decision.pdf- conviction or caution, paying particular attention to offences that are “relevant ./_REDACTED__Chinn_Adam_SoS_Decision.pdf- matters” for the purposes of the Police Act 1997 and criminal record disclosure; ./_REDACTED__Chinn_Adam_SoS_Decision.pdf- ./_REDACTED__Chinn_Adam_SoS_Decision.pdf- misconduct seriously affecting the education and/or safeguarding and well-being of ./_REDACTED__Chinn_Adam_SoS_Decision.pdf- pupils, and particularly where there is a continuing risk; ./_REDACTED__Chinn_Adam_SoS_Decision.pdf- ./_REDACTED__Chinn_Adam_SoS_Decision.pdf: sexual misconduct, for example, involving actions that were sexually motivated or of a ./_REDACTED__Chinn_Adam_SoS_Decision.pdf: sexual nature…; ./_REDACTED__Chinn_Adam_SoS_Decision.pdf- ./_REDACTED__Chinn_Adam_SoS_Decision.pdf- any activity involving viewing, taking, making, possessing, distributing or publishing ./_REDACTED__Chinn_Adam_SoS_Decision.pdf- any indecent photograph or image or indecent pseudo photograph or image of a ./_REDACTED__Chinn_Adam_SoS_Decision.pdf- child, or permitting such activity, including one-off incidents; ./_REDACTED__Chinn_Adam_SoS_Decision.pdf- ./_REDACTED__Chinn_Adam_SoS_Decision.pdf- failure in their duty of care towards a child, including exposing a child to risk or failing ./_REDACTED__Chinn_Adam_SoS_Decision.pdf- to promote the safety and welfare of the children (as set out in Part 1 of KCSIE); ./_REDACTED__Chinn_Adam_SoS_Decision.pdf- ./_REDACTED__Chinn_Adam_SoS_Decision.pdf- … other deliberate behaviour that undermines pupils, the profession, the school or ./_REDACTED__Chinn_Adam_SoS_Decision.pdf- colleagues; -- ./_REDACTED__Chinn_Adam_SoS_Decision.pdf-stating that Mr Chinn is [REDACTED] by the situation and [REDACTED] felt unable to ./_REDACTED__Chinn_Adam_SoS_Decision.pdf-respond himself. Mr Chinn’s representative stated that Mr Chinn was “[REDACTED].” ./_REDACTED__Chinn_Adam_SoS_Decision.pdf-There was no medical evidence before the panel. Mr Chinn’s representative, on Mr ./_REDACTED__Chinn_Adam_SoS_Decision.pdf-Chinn’s behalf, requested that any hearing be brought forward as a prolonged wait time ./_REDACTED__Chinn_Adam_SoS_Decision.pdf-[REDACTED]. Mr Chinn admitted the allegation considered at this meeting, and that he ./_REDACTED__Chinn_Adam_SoS_Decision.pdf-had been convicted of a relevant offence. ./_REDACTED__Chinn_Adam_SoS_Decision.pdf- ./_REDACTED__Chinn_Adam_SoS_Decision.pdf-The panel observed there was no expression of remorse within Mr Chinn’s ./_REDACTED__Chinn_Adam_SoS_Decision.pdf-representations nor is it apparent that any remorse was expressed from the summary of ./_REDACTED__Chinn_Adam_SoS_Decision.pdf-his police interviews. Mr Chinn sought to explain and justify his behaviour but did not ./_REDACTED__Chinn_Adam_SoS_Decision.pdf:demonstrate any understanding that his actions supported an industry that sexually ./_REDACTED__Chinn_Adam_SoS_Decision.pdf-exploits children. The panel has not had sight of any representations made to the court. ./_REDACTED__Chinn_Adam_SoS_Decision.pdf- ./_REDACTED__Chinn_Adam_SoS_Decision.pdf-The panel first considered whether it would be proportionate to conclude this case with ./_REDACTED__Chinn_Adam_SoS_Decision.pdf-no recommendation of prohibition, considering whether the publication of the findings ./_REDACTED__Chinn_Adam_SoS_Decision.pdf-made by the panel would be sufficient. ./_REDACTED__Chinn_Adam_SoS_Decision.pdf- ./_REDACTED__Chinn_Adam_SoS_Decision.pdf-The panel was of the view that, applying the standard of the ordinary intelligent citizen, it ./_REDACTED__Chinn_Adam_SoS_Decision.pdf-would not be a proportionate and appropriate response to recommend no prohibition ./_REDACTED__Chinn_Adam_SoS_Decision.pdf-order. Recommending that the publication of adverse findings would be sufficient would ./_REDACTED__Chinn_Adam_SoS_Decision.pdf-unacceptably compromise the public interest considerations present in this case, despite -- ./_REDACTED__Chinn_Adam_SoS_Decision.pdf- Teachers must have an understanding of, and always act within, the statutory ./_REDACTED__Chinn_Adam_SoS_Decision.pdf- frameworks which set out their professional duties and responsibilities. ./_REDACTED__Chinn_Adam_SoS_Decision.pdf- ./_REDACTED__Chinn_Adam_SoS_Decision.pdf-The panel also noted, “that the individual’s actions were relevant to teaching, working ./_REDACTED__Chinn_Adam_SoS_Decision.pdf-with children and working in an education setting. The conviction indicates that Mr Chinn ./_REDACTED__Chinn_Adam_SoS_Decision.pdf:poses a safeguarding risk. His sentence includes a registration requirement and a sexual ./_REDACTED__Chinn_Adam_SoS_Decision.pdf-harm prevention order, both for a period of 10 years.” ./_REDACTED__Chinn_Adam_SoS_Decision.pdf- ./_REDACTED__Chinn_Adam_SoS_Decision.pdf-The findings of a relevant conviction are particularly serious as they include a finding of ./_REDACTED__Chinn_Adam_SoS_Decision.pdf-making indecent photographs of a child. ./_REDACTED__Chinn_Adam_SoS_Decision.pdf- ./_REDACTED__Chinn_Adam_SoS_Decision.pdf-I have to determine whether the imposition of a prohibition order is proportionate and in ./_REDACTED__Chinn_Adam_SoS_Decision.pdf-the public interest. In considering that for this case, I have considered the overall aim of a ./_REDACTED__Chinn_Adam_SoS_Decision.pdf-prohibition order which is to protect pupils and to maintain public confidence in the ./_REDACTED__Chinn_Adam_SoS_Decision.pdf-profession. I have considered the extent to which a prohibition order in this case would ./_REDACTED__Chinn_Adam_SoS_Decision.pdf-achieve that aim taking into account the impact that it will have on the individual teacher. -- ./_REDACTED__Chinn_Adam_SoS_Decision.pdf-committing the offence would have been likely to have had an impact on the safety ./_REDACTED__Chinn_Adam_SoS_Decision.pdf-and/or security of children depicted within the images and videos.” ./_REDACTED__Chinn_Adam_SoS_Decision.pdf- ./_REDACTED__Chinn_Adam_SoS_Decision.pdf-A prohibition order would therefore prevent such a risk from being present in the future. ./_REDACTED__Chinn_Adam_SoS_Decision.pdf- ./_REDACTED__Chinn_Adam_SoS_Decision.pdf-I have also taken into account the panel’s comments on insight and remorse, which the ./_REDACTED__Chinn_Adam_SoS_Decision.pdf-panel sets out as follows, “The panel observed there was no expression of remorse ./_REDACTED__Chinn_Adam_SoS_Decision.pdf-within Mr Chinn’s representations nor is it apparent that any remorse was expressed from ./_REDACTED__Chinn_Adam_SoS_Decision.pdf-the summary of his police interviews. Mr Chinn sought to explain and justify his behaviour ./_REDACTED__Chinn_Adam_SoS_Decision.pdf-but did not demonstrate any understanding that his actions supported an industry that ./_REDACTED__Chinn_Adam_SoS_Decision.pdf:sexually exploits children. The panel has not had sight of any representations made to ./_REDACTED__Chinn_Adam_SoS_Decision.pdf-the court.” In my judgement, the lack of full insight means that there is some risk of the ./_REDACTED__Chinn_Adam_SoS_Decision.pdf-repetition of this behaviour and this puts at risk the future wellbeing of children. I have ./_REDACTED__Chinn_Adam_SoS_Decision.pdf-therefore given this element considerable weight in reaching my decision. ./_REDACTED__Chinn_Adam_SoS_Decision.pdf- ./_REDACTED__Chinn_Adam_SoS_Decision.pdf-I have gone on to consider the extent to which a prohibition order would maintain public ./_REDACTED__Chinn_Adam_SoS_Decision.pdf-confidence in the profession. The panel observe, “The panel also took account of the way ./_REDACTED__Chinn_Adam_SoS_Decision.pdf-the teaching profession is viewed by others. The panel considered that Mr Chinn’s ./_REDACTED__Chinn_Adam_SoS_Decision.pdf-behaviour in committing the offence would be likely to affect public confidence in the ./_REDACTED__Chinn_Adam_SoS_Decision.pdf-teaching profession, if Mr Chinn was allowed to continue teaching.” ./_REDACTED__Chinn_Adam_SoS_Decision.pdf- ./_REDACTED__Chipchase_Richard_SoS_decision.pdf-Allegations ./_REDACTED__Chipchase_Richard_SoS_decision.pdf-The panel considered the allegations set out in the notice of proceedings dated 2 ./_REDACTED__Chipchase_Richard_SoS_decision.pdf-December 2022. ./_REDACTED__Chipchase_Richard_SoS_decision.pdf- ./_REDACTED__Chipchase_Richard_SoS_decision.pdf-It was alleged that Mr Chipchase was guilty of having been convicted of a relevant ./_REDACTED__Chipchase_Richard_SoS_decision.pdf-offence, in that: ./_REDACTED__Chipchase_Richard_SoS_decision.pdf- ./_REDACTED__Chipchase_Richard_SoS_decision.pdf:1. On 2 March 2021, he was convicted of 3 counts of sexual activity with a female child ./_REDACTED__Chipchase_Richard_SoS_decision.pdf- under 16, contrary to Section 9 of the Sexual Offences Act 2003. ./_REDACTED__Chipchase_Richard_SoS_decision.pdf- ./_REDACTED__Chipchase_Richard_SoS_decision.pdf-2. On 2 March 2021, he was convicted of 1 count of attempting to cause/incite a female ./_REDACTED__Chipchase_Richard_SoS_decision.pdf: child under 16 to engage in sexual activity, contrary to Section 10 of the Sexual ./_REDACTED__Chipchase_Richard_SoS_decision.pdf- Offences Act 2003. ./_REDACTED__Chipchase_Richard_SoS_decision.pdf- ./_REDACTED__Chipchase_Richard_SoS_decision.pdf-In his response to the notice of referral, dated 6 July 2022, Mr Chipchase admitted the ./_REDACTED__Chipchase_Richard_SoS_decision.pdf-allegations and that they amount to a conviction for a relevant offence. ./_REDACTED__Chipchase_Richard_SoS_decision.pdf- ./_REDACTED__Chipchase_Richard_SoS_decision.pdf- ./_REDACTED__Chipchase_Richard_SoS_decision.pdf-Preliminary applications ./_REDACTED__Chipchase_Richard_SoS_decision.pdf-The panel considered an application from the presenting officer to proceed in the ./_REDACTED__Chipchase_Richard_SoS_decision.pdf-absence of Mr Chipchase. ./_REDACTED__Chipchase_Richard_SoS_decision.pdf- -- ./_REDACTED__Chipchase_Richard_SoS_decision.pdf-they took steps to ensure Mr Chipchase was not alone with her. But he provided her with ./_REDACTED__Chipchase_Richard_SoS_decision.pdf:his mobile phone number. Pupil F described a course of sexual activity which began ./_REDACTED__Chipchase_Richard_SoS_decision.pdf-when she was [REDACTED] and continued until she was [REDACTED]. Mr Chipchase ./_REDACTED__Chipchase_Richard_SoS_decision.pdf-engaged in grooming behaviour towards her, including buying her cigarettes and alcohol ./_REDACTED__Chipchase_Richard_SoS_decision.pdf-and giving her lifts in his car. On one occasion when she was [REDACTED], he stroked ./_REDACTED__Chipchase_Richard_SoS_decision.pdf-her back and commented positively on her appearance. When she was [REDACTED] ./_REDACTED__Chipchase_Richard_SoS_decision.pdf-when they were alone in a store room, he said he would not let her out until she hugged ./_REDACTED__Chipchase_Richard_SoS_decision.pdf-him. She was scared by this. At around the same time, while giving her a lift in his car, he ./_REDACTED__Chipchase_Richard_SoS_decision.pdf:committed a sexual assault, by placing his hand on her knee, then under her skirt and ./_REDACTED__Chipchase_Richard_SoS_decision.pdf-touching her vagina underneath her clothing. ./_REDACTED__Chipchase_Richard_SoS_decision.pdf- ./_REDACTED__Chipchase_Richard_SoS_decision.pdf-Mr Chipchase was charged and on 2 March 2021, pleaded guilty at Liverpool Crown ./_REDACTED__Chipchase_Richard_SoS_decision.pdf:Court to four sexual offences. He was sentenced to a total of 27 months' imprisonment ./_REDACTED__Chipchase_Richard_SoS_decision.pdf:and made subject to a sexual harm prevention order for 7 years, as well as being placed ./_REDACTED__Chipchase_Richard_SoS_decision.pdf:on the sex offenders register for 10 years. ./_REDACTED__Chipchase_Richard_SoS_decision.pdf- ./_REDACTED__Chipchase_Richard_SoS_decision.pdf-Findings of fact ./_REDACTED__Chipchase_Richard_SoS_decision.pdf- ./_REDACTED__Chipchase_Richard_SoS_decision.pdf-The findings of fact are as follows: ./_REDACTED__Chipchase_Richard_SoS_decision.pdf- ./_REDACTED__Chipchase_Richard_SoS_decision.pdf-The panel found the following particulars of the allegation against you proved, for these ./_REDACTED__Chipchase_Richard_SoS_decision.pdf-reasons: ./_REDACTED__Chipchase_Richard_SoS_decision.pdf- ./_REDACTED__Chipchase_Richard_SoS_decision.pdf:1. On 2 March 2021, you were convicted of 3 counts of sexual activity with a ./_REDACTED__Chipchase_Richard_SoS_decision.pdf- female child under 16, contrary to Section 9 of the Sexual Offences Act 2003. ./_REDACTED__Chipchase_Richard_SoS_decision.pdf- ./_REDACTED__Chipchase_Richard_SoS_decision.pdf-This allegation was admitted by Mr Chipchase in his response to the TRA's notice of ./_REDACTED__Chipchase_Richard_SoS_decision.pdf-referral dated 6 July 2022, and was supported by evidence presented to the panel, in ./_REDACTED__Chipchase_Richard_SoS_decision.pdf-particular, a certificate of conviction dated 12 July 2022. ./_REDACTED__Chipchase_Richard_SoS_decision.pdf- ./_REDACTED__Chipchase_Richard_SoS_decision.pdf-This allegation was therefore found proved. ./_REDACTED__Chipchase_Richard_SoS_decision.pdf- ./_REDACTED__Chipchase_Richard_SoS_decision.pdf-2. On 2 March 2021, you were convicted of 1 count of attempting to cause/incite a ./_REDACTED__Chipchase_Richard_SoS_decision.pdf: female child under 16 to engage in sexual activity, contrary to Section 10 of the ./_REDACTED__Chipchase_Richard_SoS_decision.pdf- Sexual Offences Act 2003. ./_REDACTED__Chipchase_Richard_SoS_decision.pdf- ./_REDACTED__Chipchase_Richard_SoS_decision.pdf-This allegation was admitted by Mr Chipchase in his response to the TRA's notice of ./_REDACTED__Chipchase_Richard_SoS_decision.pdf-referral dated 6 July 2022, and was supported by evidence presented to the panel, in ./_REDACTED__Chipchase_Richard_SoS_decision.pdf-particular, a certificate of conviction dated 12 July 2022. ./_REDACTED__Chipchase_Richard_SoS_decision.pdf- ./_REDACTED__Chipchase_Richard_SoS_decision.pdf-This allegation was therefore found proved. ./_REDACTED__Chipchase_Richard_SoS_decision.pdf- ./_REDACTED__Chipchase_Richard_SoS_decision.pdf- ./_REDACTED__Chipchase_Richard_SoS_decision.pdf- -- ./_REDACTED__Chipchase_Richard_SoS_decision.pdf-impact on the safety and well-being of pupils. ./_REDACTED__Chipchase_Richard_SoS_decision.pdf- ./_REDACTED__Chipchase_Richard_SoS_decision.pdf-The panel also took account of the way the teaching profession is viewed by others. The ./_REDACTED__Chipchase_Richard_SoS_decision.pdf-panel considered that Mr Chipchase's behaviour in committing the offence could affect ./_REDACTED__Chipchase_Richard_SoS_decision.pdf-public confidence in the teaching profession, given the influence that teachers may have ./_REDACTED__Chipchase_Richard_SoS_decision.pdf-on pupils, parents and others in the community. ./_REDACTED__Chipchase_Richard_SoS_decision.pdf- ./_REDACTED__Chipchase_Richard_SoS_decision.pdf-The panel noted that the teacher’s behaviour ultimately led to a sentence of ./_REDACTED__Chipchase_Richard_SoS_decision.pdf-imprisonment, which was indicative of the seriousness of the offences committed. ./_REDACTED__Chipchase_Richard_SoS_decision.pdf- ./_REDACTED__Chipchase_Richard_SoS_decision.pdf:This was a case concerning an offence involving sexual activity, which the Advice states ./_REDACTED__Chipchase_Richard_SoS_decision.pdf-is likely to be considered a relevant offence. ./_REDACTED__Chipchase_Richard_SoS_decision.pdf- ./_REDACTED__Chipchase_Richard_SoS_decision.pdf- ./_REDACTED__Chipchase_Richard_SoS_decision.pdf- 7 ./_REDACTED__Chipchase_Richard_SoS_decision.pdf- -- ./_REDACTED__Chipchase_Richard_SoS_decision.pdf-proportionate measure, and whether it would be in the public interest to do so. Prohibition ./_REDACTED__Chipchase_Richard_SoS_decision.pdf-orders should not be given in order to be punitive, or to show that blame has been ./_REDACTED__Chipchase_Richard_SoS_decision.pdf-apportioned, although they are likely to have punitive effect. ./_REDACTED__Chipchase_Richard_SoS_decision.pdf- ./_REDACTED__Chipchase_Richard_SoS_decision.pdf-The panel had regard to the particular public interest considerations set out in the Advice ./_REDACTED__Chipchase_Richard_SoS_decision.pdf-and, having done so, found a number of them to be relevant in this case, namely, the ./_REDACTED__Chipchase_Richard_SoS_decision.pdf-protection of pupils, the maintenance of public confidence in the profession, and ./_REDACTED__Chipchase_Richard_SoS_decision.pdf-declaring and upholding proper standards of conduct. ./_REDACTED__Chipchase_Richard_SoS_decision.pdf- ./_REDACTED__Chipchase_Richard_SoS_decision.pdf-There was a strong public interest consideration in respect of the protection of pupils, ./_REDACTED__Chipchase_Richard_SoS_decision.pdf:given the serious finding of sexual misconduct against a pupil over a four-year period, ./_REDACTED__Chipchase_Richard_SoS_decision.pdf-both on and off school premises and notwithstanding previous attempts to address ./_REDACTED__Chipchase_Richard_SoS_decision.pdf-concerns about Mr Chipchase's relationships with female pupils. The panel recognised ./_REDACTED__Chipchase_Richard_SoS_decision.pdf-that harm had been caused to Pupil F, and it is clear that any repetition of his offending ./_REDACTED__Chipchase_Richard_SoS_decision.pdf-behaviour would be likely to cause serious harm. ./_REDACTED__Chipchase_Richard_SoS_decision.pdf- ./_REDACTED__Chipchase_Richard_SoS_decision.pdf-Similarly, the panel considered that public confidence in the profession could be seriously ./_REDACTED__Chipchase_Richard_SoS_decision.pdf-weakened if conduct such as that found against Mr Chipchase were not treated with the ./_REDACTED__Chipchase_Richard_SoS_decision.pdf-utmost seriousness when regulating the conduct of the profession. ./_REDACTED__Chipchase_Richard_SoS_decision.pdf- ./_REDACTED__Chipchase_Richard_SoS_decision.pdf-The panel was of the view that a strong public interest consideration in declaring proper -- ./_REDACTED__Chipchase_Richard_SoS_decision.pdf- ./_REDACTED__Chipchase_Richard_SoS_decision.pdf-  serious departure from the personal and professional conduct elements of the ./_REDACTED__Chipchase_Richard_SoS_decision.pdf- Teachers’ Standards; ./_REDACTED__Chipchase_Richard_SoS_decision.pdf- ./_REDACTED__Chipchase_Richard_SoS_decision.pdf-  misconduct seriously affecting the education and/or well-being of pupils, and ./_REDACTED__Chipchase_Richard_SoS_decision.pdf- particularly where there is a continuing risk; ./_REDACTED__Chipchase_Richard_SoS_decision.pdf- ./_REDACTED__Chipchase_Richard_SoS_decision.pdf-  abuse of position or trust (particularly involving vulnerable pupils) or violation of the ./_REDACTED__Chipchase_Richard_SoS_decision.pdf- rights of pupils; ./_REDACTED__Chipchase_Richard_SoS_decision.pdf- ./_REDACTED__Chipchase_Richard_SoS_decision.pdf:  sexual misconduct; ./_REDACTED__Chipchase_Richard_SoS_decision.pdf- ./_REDACTED__Chipchase_Richard_SoS_decision.pdf-  the commission of a serious criminal offence, including those that result in a ./_REDACTED__Chipchase_Richard_SoS_decision.pdf- conviction or caution, paying particular attention to offences that are ‘relevant ./_REDACTED__Chipchase_Richard_SoS_decision.pdf- matters’ for the purposes of The Police Act 1997 and criminal record disclosures. ./_REDACTED__Chipchase_Richard_SoS_decision.pdf- ./_REDACTED__Chipchase_Richard_SoS_decision.pdf-Even though the behaviour found proved in this case indicated that a prohibition order ./_REDACTED__Chipchase_Richard_SoS_decision.pdf-would be appropriate, the panel went on to consider the mitigating factors. Mitigating ./_REDACTED__Chipchase_Richard_SoS_decision.pdf-factors may indicate that a prohibition order would not be appropriate or proportionate. ./_REDACTED__Chipchase_Richard_SoS_decision.pdf- ./_REDACTED__Chipchase_Richard_SoS_decision.pdf-The panel considered the mitigating factors which are set out in the Advice, and -- ./_REDACTED__Chipchase_Richard_SoS_decision.pdf-Accordingly, the panel made a recommendation to the Secretary of State that a ./_REDACTED__Chipchase_Richard_SoS_decision.pdf-prohibition order should be imposed with immediate effect. ./_REDACTED__Chipchase_Richard_SoS_decision.pdf- ./_REDACTED__Chipchase_Richard_SoS_decision.pdf-The panel went on to consider whether or not it would be appropriate for it to decide to ./_REDACTED__Chipchase_Richard_SoS_decision.pdf-recommend a review period of the order. The panel was mindful that the Advice states ./_REDACTED__Chipchase_Richard_SoS_decision.pdf-that a prohibition order applies for life, but there may be circumstances, in any given ./_REDACTED__Chipchase_Richard_SoS_decision.pdf-case, that may make it appropriate to allow a teacher to apply to have the prohibition ./_REDACTED__Chipchase_Richard_SoS_decision.pdf-order reviewed after a specified period of time that may not be less than 2 years. ./_REDACTED__Chipchase_Richard_SoS_decision.pdf- ./_REDACTED__Chipchase_Richard_SoS_decision.pdf-The Advice indicates that there are behaviours that, if proved, would militate against the ./_REDACTED__Chipchase_Richard_SoS_decision.pdf:recommendation of a review period. These behaviours include serious sexual ./_REDACTED__Chipchase_Richard_SoS_decision.pdf- ./_REDACTED__Chipchase_Richard_SoS_decision.pdf- 9 ./_REDACTED__Chipchase_Richard_SoS_decision.pdf- -- ./_REDACTED__Chipchase_Richard_SoS_decision.pdf-The panel finds that the conduct of Mr Chipcase fell significantly short of the standards ./_REDACTED__Chipchase_Richard_SoS_decision.pdf-expected of the profession. ./_REDACTED__Chipchase_Richard_SoS_decision.pdf- ./_REDACTED__Chipchase_Richard_SoS_decision.pdf-The findings of misconduct are particularly serious as they include a conviction of a ./_REDACTED__Chipchase_Richard_SoS_decision.pdf:relevant offence involving sexual activity with a child. ./_REDACTED__Chipchase_Richard_SoS_decision.pdf- ./_REDACTED__Chipchase_Richard_SoS_decision.pdf-I have to determine whether the imposition of a prohibition order is proportionate and in ./_REDACTED__Chipchase_Richard_SoS_decision.pdf-the public interest. In considering that for this case, I have considered the overall aim of a ./_REDACTED__Chipchase_Richard_SoS_decision.pdf-prohibition order which is to protect pupils and to maintain public confidence in the ./_REDACTED__Chipchase_Richard_SoS_decision.pdf-profession. I have considered the extent to which a prohibition order in this case would ./_REDACTED__Chipchase_Richard_SoS_decision.pdf-achieve that aim taking into account the impact that it will have on the individual teacher. ./_REDACTED__Chipchase_Richard_SoS_decision.pdf-I have also asked myself, whether a less intrusive measure, such as the published ./_REDACTED__Chipchase_Richard_SoS_decision.pdf-finding of a relevant conviction, would itself be sufficient to achieve the overall aim. I have ./_REDACTED__Chipchase_Richard_SoS_decision.pdf-to consider whether the consequences of such a publication are themselves sufficient. I ./_REDACTED__Chipchase_Richard_SoS_decision.pdf-have considered therefore whether or not prohibiting Mr Chipchase, and the impact that ./_REDACTED__Chipchase_Richard_SoS_decision.pdf-will have on the teacher, is proportionate and in the public interest. ./_REDACTED__Chipchase_Richard_SoS_decision.pdf- ./_REDACTED__Chipchase_Richard_SoS_decision.pdf-In this case, I have considered the extent to which a prohibition order would protect ./_REDACTED__Chipchase_Richard_SoS_decision.pdf-pupils. The panel has observed, “There was a strong public interest consideration in ./_REDACTED__Chipchase_Richard_SoS_decision.pdf:respect of the protection of pupils, given the serious finding of sexual misconduct against ./_REDACTED__Chipchase_Richard_SoS_decision.pdf-a pupil over a four-year period, both on and off school premises and notwithstanding ./_REDACTED__Chipchase_Richard_SoS_decision.pdf-previous attempts to address concerns about Mr Chipchase's relationships with female ./_REDACTED__Chipchase_Richard_SoS_decision.pdf-pupils. The panel recognised that harm had been caused to Pupil F, and it is clear that ./_REDACTED__Chipchase_Richard_SoS_decision.pdf-any repetition of his offending behaviour would be likely to cause serious harm.” A ./_REDACTED__Chipchase_Richard_SoS_decision.pdf-prohibition order would therefore prevent such a risk from being present in the future. ./_REDACTED__Chipchase_Richard_SoS_decision.pdf- ./_REDACTED__Chipchase_Richard_SoS_decision.pdf-I have also taken into account the panel’s comments on insight and remorse, which the ./_REDACTED__Chipchase_Richard_SoS_decision.pdf-panel sets out as follows, “There is no evidence that Mr Chipchase has shown insight or ./_REDACTED__Chipchase_Richard_SoS_decision.pdf-remorse into his actions.” In my judgement, the lack of insight and remorse means that ./_REDACTED__Chipchase_Richard_SoS_decision.pdf-there is some risk of the repetition of this behaviour and this puts at risk the future ./_REDACTED__Chipchase_Richard_SoS_decision.pdf-wellbeing of pupils’. I have therefore given this element considerable weight in reaching ./_REDACTED__Chipchase_Richard_SoS_decision.pdf-my decision. ./_REDACTED__Chipchase_Richard_SoS_decision.pdf- ./_REDACTED__Chipchase_Richard_SoS_decision.pdf-I have gone on to consider the extent to which a prohibition order would maintain public ./_REDACTED__Chipchase_Richard_SoS_decision.pdf-confidence in the profession. The panel observe, “The panel also took account of the way ./_REDACTED__Chipchase_Richard_SoS_decision.pdf-the teaching profession is viewed by others. The panel considered that Mr Chipchase's ./_REDACTED__Chipchase_Richard_SoS_decision.pdf-behaviour in committing the offence could affect public confidence in the teaching ./_REDACTED__Chipchase_Richard_SoS_decision.pdf-profession, given the influence that teachers may have on pupils, parents and others in ./_REDACTED__Chipchase_Richard_SoS_decision.pdf:the community” I am particularly mindful of the finding of sexual activity with a child in this ./_REDACTED__Chipchase_Richard_SoS_decision.pdf-case and the impact that such a finding has on the reputation of the profession. ./_REDACTED__Chipchase_Richard_SoS_decision.pdf- ./_REDACTED__Chipchase_Richard_SoS_decision.pdf-I have had to consider that the public has a high expectation of professional standards of ./_REDACTED__Chipchase_Richard_SoS_decision.pdf-all teachers and that the public might regard a failure to impose a prohibition order as a ./_REDACTED__Chipchase_Richard_SoS_decision.pdf-failure to uphold those high standards. In weighing these considerations, I have had to ./_REDACTED__Chipchase_Richard_SoS_decision.pdf- ./_REDACTED__Chipchase_Richard_SoS_decision.pdf- ./_REDACTED__Chipchase_Richard_SoS_decision.pdf- 11 ./_REDACTED__Chipchase_Richard_SoS_decision.pdf- -- ./_REDACTED__Chipchase_Richard_SoS_decision.pdf-found that the seriousness of the offending behaviour that led to the conviction was ./_REDACTED__Chipchase_Richard_SoS_decision.pdf-relevant to the teacher’s ongoing suitability to teach. The panel considered that a finding ./_REDACTED__Chipchase_Richard_SoS_decision.pdf-that these convictions were for a relevant offence was necessary to reaffirm clear ./_REDACTED__Chipchase_Richard_SoS_decision.pdf-standards of conduct so as to maintain public confidence in the teaching profession.” ./_REDACTED__Chipchase_Richard_SoS_decision.pdf- ./_REDACTED__Chipchase_Richard_SoS_decision.pdf-I have also placed considerable weight on the finding of the panel that “the behaviour ./_REDACTED__Chipchase_Richard_SoS_decision.pdf-involved in committing the offence could have had an impact on the safety and well-being ./_REDACTED__Chipchase_Richard_SoS_decision.pdf-of pupils.” ./_REDACTED__Chipchase_Richard_SoS_decision.pdf- ./_REDACTED__Chipchase_Richard_SoS_decision.pdf-The findings are serious, and ultimately sentenced to a total of 27 months' imprisonment ./_REDACTED__Chipchase_Richard_SoS_decision.pdf:and made subject to a sexual harm prevention order for 7 years, as well as being placed ./_REDACTED__Chipchase_Richard_SoS_decision.pdf:on the sex offenders register for 10 years. I have noted as part of the police investigation ./_REDACTED__Chipchase_Richard_SoS_decision.pdf-“She was described as emotionally vulnerable, and needing a higher level of support. ./_REDACTED__Chipchase_Richard_SoS_decision.pdf-She disclosed to the police that Mr Chipchase had initially been friendly towards her, but ./_REDACTED__Chipchase_Richard_SoS_decision.pdf-then began to show her preferential treatment”. ./_REDACTED__Chipchase_Richard_SoS_decision.pdf- ./_REDACTED__Chipchase_Richard_SoS_decision.pdf-I have given less weight in my consideration of sanction therefore, to the contribution that ./_REDACTED__Chipchase_Richard_SoS_decision.pdf-Mr Chipchase has made to the profession. In my view, it is necessary to impose a ./_REDACTED__Chipchase_Richard_SoS_decision.pdf-prohibition order in order to maintain public confidence in the profession. A published ./_REDACTED__Chipchase_Richard_SoS_decision.pdf-decision, in light of the circumstances in this case, that is not backed up by remorse or ./_REDACTED__Chipchase_Richard_SoS_decision.pdf-insight, does not in my view satisfy the public interest requirement concerning public ./_REDACTED__Chipchase_Richard_SoS_decision.pdf-confidence in the profession. -- ./_REDACTED__Chipchase_Richard_SoS_decision.pdf-I have gone on to consider the matter of a review period. In this case, the panel has ./_REDACTED__Chipchase_Richard_SoS_decision.pdf-recommended that no provision should be made for a review period. ./_REDACTED__Chipchase_Richard_SoS_decision.pdf- ./_REDACTED__Chipchase_Richard_SoS_decision.pdf-I have considered the panel’s comments “The Advice indicates that there are behaviours ./_REDACTED__Chipchase_Richard_SoS_decision.pdf-that, if proved, would militate against the recommendation of a review period. These ./_REDACTED__Chipchase_Richard_SoS_decision.pdf:behaviours include serious sexual misconduct that resulted in harm to a person, ./_REDACTED__Chipchase_Richard_SoS_decision.pdf-particularly where the teacher has used his professional position to influence or exploit a ./_REDACTED__Chipchase_Richard_SoS_decision.pdf-person.” ./_REDACTED__Chipchase_Richard_SoS_decision.pdf- ./_REDACTED__Chipchase_Richard_SoS_decision.pdf-In this case, factors mean that allowing a review period is not sufficient to achieve the ./_REDACTED__Chipchase_Richard_SoS_decision.pdf-aim of maintaining public confidence in the profession. These elements are seriousness ./_REDACTED__Chipchase_Richard_SoS_decision.pdf-of the findings involving risk of harm to a child and the lack of remorse. ./_REDACTED__Chipchase_Richard_SoS_decision.pdf- ./_REDACTED__Chipchase_Richard_SoS_decision.pdf-I consider therefore that allowing for no review period is necessary to maintain public ./_REDACTED__Chipchase_Richard_SoS_decision.pdf-confidence and is proportionate and in the public interest. ./_REDACTED__Chipchase_Richard_SoS_decision.pdf- ./_REDACTED__Gardner_James_SoS_decision.pdf- with statutory provisions ./_REDACTED__Gardner_James_SoS_decision.pdf- ./_REDACTED__Gardner_James_SoS_decision.pdf- o showing tolerance of and respect for the rights of others ./_REDACTED__Gardner_James_SoS_decision.pdf- ./_REDACTED__Gardner_James_SoS_decision.pdf-  Teachers must have proper and professional regard for the ethos, policies and ./_REDACTED__Gardner_James_SoS_decision.pdf- practices of the school in which they teach... ./_REDACTED__Gardner_James_SoS_decision.pdf- ./_REDACTED__Gardner_James_SoS_decision.pdf-The panel considered whether Mr Gardner's conduct displayed behaviours associated ./_REDACTED__Gardner_James_SoS_decision.pdf-with any of the offences listed on pages 12 to 14 of the Advice. Although not charged or ./_REDACTED__Gardner_James_SoS_decision.pdf-convicted of any offence, the panel found that the offences of fraud or serious dishonesty ./_REDACTED__Gardner_James_SoS_decision.pdf:and intolerance and/or hatred on grounds of sexual orientation were relevant. The Advice ./_REDACTED__Gardner_James_SoS_decision.pdf-indicates that where behaviours associated with such potential offences exist, a panel is ./_REDACTED__Gardner_James_SoS_decision.pdf-likely to conclude that an individual’s conduct would amount to unacceptable professional ./_REDACTED__Gardner_James_SoS_decision.pdf-conduct. ./_REDACTED__Gardner_James_SoS_decision.pdf- ./_REDACTED__Gardner_James_SoS_decision.pdf-[REDACTED] ./_REDACTED__Gardner_James_SoS_decision.pdf- ./_REDACTED__Gardner_James_SoS_decision.pdf-The panel was satisfied that the conduct of Mr Gardner in respect of each of the ./_REDACTED__Gardner_James_SoS_decision.pdf-allegations found proved, amounted to misconduct of a serious nature which fell ./_REDACTED__Gardner_James_SoS_decision.pdf-significantly short of the standards expected of the profession. ./_REDACTED__Gardner_James_SoS_decision.pdf- -- ./_REDACTED__Gardner_James_SoS_decision.pdf-case, that may make it appropriate to allow a teacher to apply to have the prohibition ./_REDACTED__Gardner_James_SoS_decision.pdf-order reviewed after a specified period of time that may not be less than two years. ./_REDACTED__Gardner_James_SoS_decision.pdf- ./_REDACTED__Gardner_James_SoS_decision.pdf-The Advice indicates at paragraph 50 that there are behaviours that, if proved, would ./_REDACTED__Gardner_James_SoS_decision.pdf-militate against the recommendation of a review period. The TRA did not seek to argue ./_REDACTED__Gardner_James_SoS_decision.pdf-that any of these applied in the present case. The panel accepted this proposition. ./_REDACTED__Gardner_James_SoS_decision.pdf- ./_REDACTED__Gardner_James_SoS_decision.pdf-The Advice goes on to indicate at paragraph 51 that there are further behaviours that ./_REDACTED__Gardner_James_SoS_decision.pdf-would weigh in favour of a longer period than the prescribed minimum of two years. The ./_REDACTED__Gardner_James_SoS_decision.pdf-panel found the following behaviours to be relevant, namely, fraud or serious dishonesty ./_REDACTED__Gardner_James_SoS_decision.pdf:and intolerance and/or hatred on grounds of sexual orientation. ./_REDACTED__Gardner_James_SoS_decision.pdf- ./_REDACTED__Gardner_James_SoS_decision.pdf- ./_REDACTED__Gardner_James_SoS_decision.pdf- 16 ./_REDACTED__Gardner_James_SoS_decision.pdf- -- ./_REDACTED__Gardner_James_SoS_decision.pdf-reasons, I have concluded that a prohibition order is proportionate and in the public ./_REDACTED__Gardner_James_SoS_decision.pdf-interest in order to achieve the intended aims of a prohibition order. ./_REDACTED__Gardner_James_SoS_decision.pdf- ./_REDACTED__Gardner_James_SoS_decision.pdf-I have gone on to consider the matter of a review period. In this case, the panel has ./_REDACTED__Gardner_James_SoS_decision.pdf-recommended a three year review period. ./_REDACTED__Gardner_James_SoS_decision.pdf- ./_REDACTED__Gardner_James_SoS_decision.pdf-I have considered the panel’s comments “The Advice goes on to indicate at paragraph 51 ./_REDACTED__Gardner_James_SoS_decision.pdf-that there are further behaviours that would weigh in favour of a longer period than the ./_REDACTED__Gardner_James_SoS_decision.pdf-prescribed minimum of two years. The panel found the following behaviours to be ./_REDACTED__Gardner_James_SoS_decision.pdf-relevant, namely, fraud or serious dishonesty and intolerance and/or hatred on grounds ./_REDACTED__Gardner_James_SoS_decision.pdf:of sexual orientation.” ./_REDACTED__Gardner_James_SoS_decision.pdf- ./_REDACTED__Gardner_James_SoS_decision.pdf-I have considered whether a three year review period reflects the seriousness of the ./_REDACTED__Gardner_James_SoS_decision.pdf-findings and is a proportionate period to achieve the aim of maintaining public confidence ./_REDACTED__Gardner_James_SoS_decision.pdf-in the profession. In this case, factors mean that allowing a three year review period is ./_REDACTED__Gardner_James_SoS_decision.pdf-sufficient to achieve the aim of maintaining public confidence in the profession. These ./_REDACTED__Gardner_James_SoS_decision.pdf-elements are the dishonesty found, the lack of full insight and the use of offensive and/or ./_REDACTED__Gardner_James_SoS_decision.pdf-homophobic dialogue. ./_REDACTED__Gardner_James_SoS_decision.pdf- ./_REDACTED__Gardner_James_SoS_decision.pdf-I consider therefore that a three year review period is required to satisfy the maintenance ./_REDACTED__Gardner_James_SoS_decision.pdf-of public confidence in the profession. ./_REDACTED__Johnson_Joseph_SoS_decision.pdf- ./_REDACTED__Johnson_Joseph_SoS_decision.pdf-16. On an unknown date, he spoke to Pupil B using words to the effect of “I like to dress ./_REDACTED__Johnson_Joseph_SoS_decision.pdf- up as a paedophile”; ./_REDACTED__Johnson_Joseph_SoS_decision.pdf- ./_REDACTED__Johnson_Joseph_SoS_decision.pdf-17. On an unknown date, in relation to a class trip you had attended, he described cows ./_REDACTED__Johnson_Joseph_SoS_decision.pdf- being “raped”; ./_REDACTED__Johnson_Joseph_SoS_decision.pdf- ./_REDACTED__Johnson_Joseph_SoS_decision.pdf-18. On an unknown date, he told a story about the slaughter of a dog in which he ./_REDACTED__Johnson_Joseph_SoS_decision.pdf- included graphic detail about the dog being cut into pieces; ./_REDACTED__Johnson_Joseph_SoS_decision.pdf- ./_REDACTED__Johnson_Joseph_SoS_decision.pdf:19. On an unknown date, he told a story about the sexual abuse of a young girl by her ./_REDACTED__Johnson_Joseph_SoS_decision.pdf- father, without any prior context; ./_REDACTED__Johnson_Joseph_SoS_decision.pdf- ./_REDACTED__Johnson_Joseph_SoS_decision.pdf-20. On an unknown date, having placed guitar picks over his eyes, he used words to the ./_REDACTED__Johnson_Joseph_SoS_decision.pdf- effect of “I’m a dirty old man who can do things to little girls”; ./_REDACTED__Johnson_Joseph_SoS_decision.pdf- ./_REDACTED__Johnson_Joseph_SoS_decision.pdf:21. On an unknown date, he told a sexually explicit story, about his friend eating jelly ./_REDACTED__Johnson_Joseph_SoS_decision.pdf- beans from his girlfriend’s vagina; ./_REDACTED__Johnson_Joseph_SoS_decision.pdf- ./_REDACTED__Johnson_Joseph_SoS_decision.pdf-22. On an unknown date, he picked up Pupil L and carried her; ./_REDACTED__Johnson_Joseph_SoS_decision.pdf- ./_REDACTED__Johnson_Joseph_SoS_decision.pdf-23. On an unknown date, he said to a class of year 8 pupils words to the effect of “girls ./_REDACTED__Johnson_Joseph_SoS_decision.pdf- this is one for you because it can make your boobs grow bigger”; ./_REDACTED__Johnson_Joseph_SoS_decision.pdf- ./_REDACTED__Johnson_Joseph_SoS_decision.pdf-24. By his conduct in the following paragraphs, you failed to maintain high standards of ./_REDACTED__Johnson_Joseph_SoS_decision.pdf- behaviour: ./_REDACTED__Johnson_Joseph_SoS_decision.pdf- -- ./_REDACTED__Johnson_Joseph_SoS_decision.pdf-The findings of fact are as follows: ./_REDACTED__Johnson_Joseph_SoS_decision.pdf- ./_REDACTED__Johnson_Joseph_SoS_decision.pdf-The panel noted the witness statement and oral evidence of Witness A, who explained ./_REDACTED__Johnson_Joseph_SoS_decision.pdf-that she first became involved with the concerns relating to Mr Johnson when she ./_REDACTED__Johnson_Joseph_SoS_decision.pdf-received an email from Individual B, [REDACTED], on 3 May 2019. Individual B stated ./_REDACTED__Johnson_Joseph_SoS_decision.pdf-that she needed to speak to Witness A about something confidential. Witness A spoke to ./_REDACTED__Johnson_Joseph_SoS_decision.pdf-Individual B on 7 May 2019 and Individual B explained that she had emailed Pupil E’s ./_REDACTED__Johnson_Joseph_SoS_decision.pdf-teachers in relation to her sitting her GCSE’s and Mr Johnson had responded. Individual ./_REDACTED__Johnson_Joseph_SoS_decision.pdf-B then discussed the contents of the email with Pupil E, whilst Pupil F had also been ./_REDACTED__Johnson_Joseph_SoS_decision.pdf-present. Pupil E and Pupil F both raised concerns about Mr Johnson, in particular about ./_REDACTED__Johnson_Joseph_SoS_decision.pdf:him telling students inappropriate sexualised stories during lessons. ./_REDACTED__Johnson_Joseph_SoS_decision.pdf- ./_REDACTED__Johnson_Joseph_SoS_decision.pdf-Prior to such concerns being raised, Witness A submitted in her witness statement that ./_REDACTED__Johnson_Joseph_SoS_decision.pdf-there had only been one other incident with Mr Johnson; this occurred in December 2018 ./_REDACTED__Johnson_Joseph_SoS_decision.pdf-when Individual C, [REDACTED], received a phone call from the parent of Pupil A. Pupil ./_REDACTED__Johnson_Joseph_SoS_decision.pdf- ./_REDACTED__Johnson_Joseph_SoS_decision.pdf- ./_REDACTED__Johnson_Joseph_SoS_decision.pdf- 11 ./_REDACTED__Johnson_Joseph_SoS_decision.pdf- -- ./_REDACTED__Johnson_Joseph_SoS_decision.pdf-were slaughtered in a bag”. Mr Johnson suggests that he was asked by students if it was ./_REDACTED__Johnson_Joseph_SoS_decision.pdf-true that dogs are eaten in other countries and he had explained to them that he had ./_REDACTED__Johnson_Joseph_SoS_decision.pdf-seen on a cookery programme about dogs being bought on the roadside. ./_REDACTED__Johnson_Joseph_SoS_decision.pdf- ./_REDACTED__Johnson_Joseph_SoS_decision.pdf-The panel further note that Pupil K mentions this in her statement taken as part of the ./_REDACTED__Johnson_Joseph_SoS_decision.pdf-School’s investigation however it did not include graphic detail about the dog being cut ./_REDACTED__Johnson_Joseph_SoS_decision.pdf-into pieces. ./_REDACTED__Johnson_Joseph_SoS_decision.pdf- ./_REDACTED__Johnson_Joseph_SoS_decision.pdf-The panel therefore found allegation 18 not proven. ./_REDACTED__Johnson_Joseph_SoS_decision.pdf- ./_REDACTED__Johnson_Joseph_SoS_decision.pdf:19. On an unknown date, you told a story about the sexual abuse of a young girl by ./_REDACTED__Johnson_Joseph_SoS_decision.pdf- her father, without any prior context; ./_REDACTED__Johnson_Joseph_SoS_decision.pdf- ./_REDACTED__Johnson_Joseph_SoS_decision.pdf-The panel considered the evidence in the bundle including the School’s investigation ./_REDACTED__Johnson_Joseph_SoS_decision.pdf-which included Pupil K’s statement which had reference to this allegation and Mr ./_REDACTED__Johnson_Joseph_SoS_decision.pdf-Johnson’s investigation interview with Witness A. The panel noted that Mr Johnson ./_REDACTED__Johnson_Joseph_SoS_decision.pdf-suggested that he joined in with a conversation that the students were already having ./_REDACTED__Johnson_Joseph_SoS_decision.pdf-about a live news stream regarding a girl who was abused by her father and had a baby. ./_REDACTED__Johnson_Joseph_SoS_decision.pdf-The panel noted that Mr Johnson admits adding to the conversation. ./_REDACTED__Johnson_Joseph_SoS_decision.pdf- ./_REDACTED__Johnson_Joseph_SoS_decision.pdf-The panel noted that Pupil K’s account had not been corroborated by the other student -- ./_REDACTED__Johnson_Joseph_SoS_decision.pdf:21. On an unknown date, you told a sexually explicit story, about your friend ./_REDACTED__Johnson_Joseph_SoS_decision.pdf- eating jelly beans from his girlfriend’s vagina; ./_REDACTED__Johnson_Joseph_SoS_decision.pdf- ./_REDACTED__Johnson_Joseph_SoS_decision.pdf-The panel noted Witness A’s witness statement that confirmed this story was initially ./_REDACTED__Johnson_Joseph_SoS_decision.pdf-reported by Pupils E and F. ./_REDACTED__Johnson_Joseph_SoS_decision.pdf- ./_REDACTED__Johnson_Joseph_SoS_decision.pdf-The panel further noted that within the School’s investigation four of the five students that ./_REDACTED__Johnson_Joseph_SoS_decision.pdf-were interviewed detailed this particular story namely, Pupil E, F, H and I. The panel ./_REDACTED__Johnson_Joseph_SoS_decision.pdf-considered that the story had been shocking enough to be included in the majority of the ./_REDACTED__Johnson_Joseph_SoS_decision.pdf-students’ statements from that class. ./_REDACTED__Johnson_Joseph_SoS_decision.pdf- ./_REDACTED__Johnson_Joseph_SoS_decision.pdf-The panel considered Mr Johnson’s account that he had heard the story at other schools ./_REDACTED__Johnson_Joseph_SoS_decision.pdf-but did not consider this was credible. The panel noted that Mr Johnson admits in the ./_REDACTED__Johnson_Joseph_SoS_decision.pdf-School’s investigation having a conversation with the students about a “dental dam” ./_REDACTED__Johnson_Joseph_SoS_decision.pdf-which is wholly inappropriate and they could see how he could have subsequently told ./_REDACTED__Johnson_Joseph_SoS_decision.pdf:this sexually explicit story. ./_REDACTED__Johnson_Joseph_SoS_decision.pdf- ./_REDACTED__Johnson_Joseph_SoS_decision.pdf-The panel therefore found allegation 21 proven. ./_REDACTED__Johnson_Joseph_SoS_decision.pdf- ./_REDACTED__Johnson_Joseph_SoS_decision.pdf-22. On an unknown date, you picked up Pupil L and carried her; ./_REDACTED__Johnson_Joseph_SoS_decision.pdf- ./_REDACTED__Johnson_Joseph_SoS_decision.pdf-The panel noted that this allegation had been raised by Pupil B in her police interview. ./_REDACTED__Johnson_Joseph_SoS_decision.pdf-However, when Pupil L was spoken to by the police by telephone she denied that Mr ./_REDACTED__Johnson_Joseph_SoS_decision.pdf-Johnson had picked her up and moved her and confirmed she had moved herself. ./_REDACTED__Johnson_Joseph_SoS_decision.pdf- ./_REDACTED__Johnson_Joseph_SoS_decision.pdf-The panel considered whether Pupil B had seen another student being picked up but -- ./_REDACTED__Johnson_Joseph_SoS_decision.pdf- o) Paragraph 20; ./_REDACTED__Johnson_Joseph_SoS_decision.pdf- ./_REDACTED__Johnson_Joseph_SoS_decision.pdf-The panel noted when considering allegation 24 that they had found parts of paragraph ./_REDACTED__Johnson_Joseph_SoS_decision.pdf-3, part of paragraph 4, paragraph 5, paragraph 6, parts of paragraph 9, paragraph 16, ./_REDACTED__Johnson_Joseph_SoS_decision.pdf-paragraph 17, paragraph 18, paragraph 19 and paragraph 20 not proven. Therefore, the ./_REDACTED__Johnson_Joseph_SoS_decision.pdf-panel considered whether by Mr Johnson’s conduct, in those paragraphs that they had ./_REDACTED__Johnson_Joseph_SoS_decision.pdf-found proven, he had failed to maintain high standards of behaviour. ./_REDACTED__Johnson_Joseph_SoS_decision.pdf- ./_REDACTED__Johnson_Joseph_SoS_decision.pdf-The panel noted the repeated use of wholly inappropriate and demeaning language that ./_REDACTED__Johnson_Joseph_SoS_decision.pdf-had been used by Mr Johnson within the bundle and in the proven allegations. The panel ./_REDACTED__Johnson_Joseph_SoS_decision.pdf:also noted that the language and “jokes” used by Mr Johnson were often of a sexual ./_REDACTED__Johnson_Joseph_SoS_decision.pdf-nature and were extremely derogatory. The panel considered that this is wholly ./_REDACTED__Johnson_Joseph_SoS_decision.pdf-inappropriate behaviour particularly when teaching impressionable teenage girls. ./_REDACTED__Johnson_Joseph_SoS_decision.pdf- ./_REDACTED__Johnson_Joseph_SoS_decision.pdf-The panel considered that his behaviour is not what might be expected of a teacher. This ./_REDACTED__Johnson_Joseph_SoS_decision.pdf-behaviour certainly falls short of a high standard of behaviour expected by the profession. ./_REDACTED__Johnson_Joseph_SoS_decision.pdf- ./_REDACTED__Johnson_Joseph_SoS_decision.pdf-The panel also considered the statement taken from Pupil G whereby her view was that ./_REDACTED__Johnson_Joseph_SoS_decision.pdf-Mr Johnson was a good teacher and made no reference to swearing. The panel therefore ./_REDACTED__Johnson_Joseph_SoS_decision.pdf- ./_REDACTED__Johnson_Joseph_SoS_decision.pdf- -- ./_REDACTED__Johnson_Joseph_SoS_decision.pdf-he had. ./_REDACTED__Johnson_Joseph_SoS_decision.pdf- ./_REDACTED__Johnson_Joseph_SoS_decision.pdf-The panel noted the particular vulnerabilities of some of the students that were included ./_REDACTED__Johnson_Joseph_SoS_decision.pdf-in the bundle and referenced in Witness A’s oral evidence. ./_REDACTED__Johnson_Joseph_SoS_decision.pdf- ./_REDACTED__Johnson_Joseph_SoS_decision.pdf-The panel considered that as a teacher Mr Johnson should be a role model to students ./_REDACTED__Johnson_Joseph_SoS_decision.pdf-and when using the inappropriate language and engaging in inappropriate behaviour he ./_REDACTED__Johnson_Joseph_SoS_decision.pdf-fell far short of the standards expected of him and had failed in his duty of care to ./_REDACTED__Johnson_Joseph_SoS_decision.pdf-students. ./_REDACTED__Johnson_Joseph_SoS_decision.pdf- ./_REDACTED__Johnson_Joseph_SoS_decision.pdf:The panel noted that some of his misconduct was of a sexual nature and teenage girls ./_REDACTED__Johnson_Joseph_SoS_decision.pdf-who become familiar with such language may become vulnerable to exploitation or ./_REDACTED__Johnson_Joseph_SoS_decision.pdf-abuse. ./_REDACTED__Johnson_Joseph_SoS_decision.pdf- ./_REDACTED__Johnson_Joseph_SoS_decision.pdf-The panel also noted that Mr Johnson’s behaviour with the allegations that have been ./_REDACTED__Johnson_Joseph_SoS_decision.pdf-proven demonstrate that he did not have regard for the very clear ethos and policies of ./_REDACTED__Johnson_Joseph_SoS_decision.pdf-his School. ./_REDACTED__Johnson_Joseph_SoS_decision.pdf- ./_REDACTED__Johnson_Joseph_SoS_decision.pdf-The panel was satisfied that the conduct of Mr Johnson amounted to misconduct of a ./_REDACTED__Johnson_Joseph_SoS_decision.pdf-serious nature which fell significantly short of the standards expected of the profession. ./_REDACTED__Johnson_Joseph_SoS_decision.pdf- -- ./_REDACTED__Johnson_Joseph_SoS_decision.pdf-trust that when their children go to school they will be treated with respect and ./_REDACTED__Johnson_Joseph_SoS_decision.pdf-appropriate care. ./_REDACTED__Johnson_Joseph_SoS_decision.pdf- ./_REDACTED__Johnson_Joseph_SoS_decision.pdf-The panel further considered the wholly inappropriate behaviour that had been found ./_REDACTED__Johnson_Joseph_SoS_decision.pdf-proven against Mr Johnson and considered that this was not behaviour that you would ./_REDACTED__Johnson_Joseph_SoS_decision.pdf-expect to see from any teacher in a school. They went on to note that the “nicknames” ./_REDACTED__Johnson_Joseph_SoS_decision.pdf-used by Mr Johnson are demeaning insults and, in particular, the story regarding “jelly ./_REDACTED__Johnson_Joseph_SoS_decision.pdf-beans” that was told to student was egregious. ./_REDACTED__Johnson_Joseph_SoS_decision.pdf- ./_REDACTED__Johnson_Joseph_SoS_decision.pdf:The panel also noted that the School was a single sex girl’s school. Mr Johnson engages ./_REDACTED__Johnson_Joseph_SoS_decision.pdf:in sexualised language directed at his students which heightens the misconduct. ./_REDACTED__Johnson_Joseph_SoS_decision.pdf- ./_REDACTED__Johnson_Joseph_SoS_decision.pdf-The panel therefore found that Mr Johnson’s actions constituted conduct that may bring ./_REDACTED__Johnson_Joseph_SoS_decision.pdf-the profession into disrepute. ./_REDACTED__Johnson_Joseph_SoS_decision.pdf- ./_REDACTED__Johnson_Joseph_SoS_decision.pdf-Having found the facts of allegations 1(a)-(c), 2(a)-(b), 3(b), 4(a), 7, 8, 9(b), 10, 11, 12(a), ./_REDACTED__Johnson_Joseph_SoS_decision.pdf-(c), 12(d), 13(a)-(b), 15, 21, 24 and 25 proved, the panel further found that Mr Johnson’s ./_REDACTED__Johnson_Joseph_SoS_decision.pdf-conduct amounted to both unacceptable professional conduct and conduct that may ./_REDACTED__Johnson_Joseph_SoS_decision.pdf-bring the profession into disrepute. ./_REDACTED__Johnson_Joseph_SoS_decision.pdf- ./_REDACTED__Johnson_Joseph_SoS_decision.pdf- -- ./_REDACTED__Johnson_Joseph_SoS_decision.pdf-effect. ./_REDACTED__Johnson_Joseph_SoS_decision.pdf- ./_REDACTED__Johnson_Joseph_SoS_decision.pdf-The panel had regard to the particular public interest considerations set out in the Advice ./_REDACTED__Johnson_Joseph_SoS_decision.pdf-and, having done so, found a number of them to be relevant in this case, namely: the ./_REDACTED__Johnson_Joseph_SoS_decision.pdf-safeguarding and wellbeing of pupils and the protection of other members of the public; ./_REDACTED__Johnson_Joseph_SoS_decision.pdf-the maintenance of public confidence in the profession; declaring and upholding proper ./_REDACTED__Johnson_Joseph_SoS_decision.pdf-standards of conduct; and that prohibition strikes the right balance between the rights of ./_REDACTED__Johnson_Joseph_SoS_decision.pdf-the teacher and the public interest, if they are in conflict. ./_REDACTED__Johnson_Joseph_SoS_decision.pdf- ./_REDACTED__Johnson_Joseph_SoS_decision.pdf-In the light of the panel’s findings against Mr Johnson which involved using highly ./_REDACTED__Johnson_Joseph_SoS_decision.pdf:inappropriate language including on occasions language of a sexual nature, making ./_REDACTED__Johnson_Joseph_SoS_decision.pdf- ./_REDACTED__Johnson_Joseph_SoS_decision.pdf- ./_REDACTED__Johnson_Joseph_SoS_decision.pdf- 30 ./_REDACTED__Johnson_Joseph_SoS_decision.pdf- -- ./_REDACTED__Johnson_Joseph_SoS_decision.pdf-inappropriate comments and telling inappropriate stories to pupils including using ./_REDACTED__Johnson_Joseph_SoS_decision.pdf-demeaning and undermining “nicknames” and failing to observe a proper boundary ./_REDACTED__Johnson_Joseph_SoS_decision.pdf-appropriate to a teacher’s professional position, there was a strong public interest ./_REDACTED__Johnson_Joseph_SoS_decision.pdf-consideration in respect of the protection of pupils. ./_REDACTED__Johnson_Joseph_SoS_decision.pdf- ./_REDACTED__Johnson_Joseph_SoS_decision.pdf-The panel noted the highly derogatory and undermining “nicknames” that had been used ./_REDACTED__Johnson_Joseph_SoS_decision.pdf:by Mr Johnson and the sexualised language that he had used particularly around pupils. ./_REDACTED__Johnson_Joseph_SoS_decision.pdf:The panel did note that there was no evidence to suggest that the sexualised language ./_REDACTED__Johnson_Joseph_SoS_decision.pdf:used was sexually motivated. The panel also considered the concept of “Ceiling Gary” to ./_REDACTED__Johnson_Joseph_SoS_decision.pdf-be a very threatening concept which could have a lasting impact on the pupils. The panel ./_REDACTED__Johnson_Joseph_SoS_decision.pdf-noted from Witness A’s oral evidence that some of the pupils were known in the School ./_REDACTED__Johnson_Joseph_SoS_decision.pdf-to have vulnerabilities which Mr Johnson should have been aware of. ./_REDACTED__Johnson_Joseph_SoS_decision.pdf- ./_REDACTED__Johnson_Joseph_SoS_decision.pdf-The panel also considered the potential consequences of a teacher, who should be ./_REDACTED__Johnson_Joseph_SoS_decision.pdf:acting as a role model, using sexualised and highly demeaning language around pupils ./_REDACTED__Johnson_Joseph_SoS_decision.pdf-that are at an age where they are forming their views of how the world behaves. The ./_REDACTED__Johnson_Joseph_SoS_decision.pdf-panel noted that Mr Johnson was in a position of trust and there was evidence to suggest ./_REDACTED__Johnson_Joseph_SoS_decision.pdf-that he was acting as if he was the pupils’ friend as opposed to their teacher. The panel ./_REDACTED__Johnson_Joseph_SoS_decision.pdf-considered there could be a risk of Mr Johnson repeating this type of inappropriate ./_REDACTED__Johnson_Joseph_SoS_decision.pdf-behaviour in the future given that he had first been given management advice around the ./_REDACTED__Johnson_Joseph_SoS_decision.pdf-language that he used at the end of 2018 and had subsequently gone on to repeatedly ./_REDACTED__Johnson_Joseph_SoS_decision.pdf-use wholly inappropriate language and behave in a way that falls far short of the ./_REDACTED__Johnson_Joseph_SoS_decision.pdf-standards that are expected from a teacher. ./_REDACTED__Johnson_Joseph_SoS_decision.pdf- ./_REDACTED__Johnson_Joseph_SoS_decision.pdf-Similarly, the panel considered that public confidence in the profession could be seriously -- ./_REDACTED__Johnson_Joseph_SoS_decision.pdf-of such behaviours, those that were relevant in this case were: ./_REDACTED__Johnson_Joseph_SoS_decision.pdf- ./_REDACTED__Johnson_Joseph_SoS_decision.pdf- • serious departure from the personal and professional conduct elements of the ./_REDACTED__Johnson_Joseph_SoS_decision.pdf- Teachers’ Standards; ./_REDACTED__Johnson_Joseph_SoS_decision.pdf- ./_REDACTED__Johnson_Joseph_SoS_decision.pdf- • misconduct seriously affecting the education and/or well-being of pupils, and ./_REDACTED__Johnson_Joseph_SoS_decision.pdf- particularly where there is a continuing risk; ./_REDACTED__Johnson_Joseph_SoS_decision.pdf- ./_REDACTED__Johnson_Joseph_SoS_decision.pdf- • abuse of position or trust (particularly involving pupils); ./_REDACTED__Johnson_Joseph_SoS_decision.pdf- ./_REDACTED__Johnson_Joseph_SoS_decision.pdf: • sexual misconduct, e.g. involving actions that were sexually motivated or of a ./_REDACTED__Johnson_Joseph_SoS_decision.pdf: sexual nature and/or that use or exploit the trust, knowledge or influence derived ./_REDACTED__Johnson_Joseph_SoS_decision.pdf- from the individual’s professional positon; ./_REDACTED__Johnson_Joseph_SoS_decision.pdf- ./_REDACTED__Johnson_Joseph_SoS_decision.pdf- • failure in their duty of care towards a child, including exposing a child to risk or ./_REDACTED__Johnson_Joseph_SoS_decision.pdf- failing to promote the safety and welfare of the children (as set out in Part 1 of ./_REDACTED__Johnson_Joseph_SoS_decision.pdf- KCSIE); and ./_REDACTED__Johnson_Joseph_SoS_decision.pdf- ./_REDACTED__Johnson_Joseph_SoS_decision.pdf- • sustained or serious bullying, or other deliberate behaviour that undermines pupils, ./_REDACTED__Johnson_Joseph_SoS_decision.pdf- the profession, the school or colleagues. ./_REDACTED__Johnson_Joseph_SoS_decision.pdf- ./_REDACTED__Johnson_Joseph_SoS_decision.pdf-Even though some of the behaviour found proved in this case indicated that a prohibition -- ./_REDACTED__Johnson_Joseph_SoS_decision.pdf-The panel finds that the conduct of Mr Johnson fell significantly short of the standards ./_REDACTED__Johnson_Joseph_SoS_decision.pdf-expected of the profession. ./_REDACTED__Johnson_Joseph_SoS_decision.pdf- ./_REDACTED__Johnson_Joseph_SoS_decision.pdf-The findings of misconduct are particularly serious, “The panel noted that some of his ./_REDACTED__Johnson_Joseph_SoS_decision.pdf:misconduct was of a sexual nature and teenage girls who become familiar with such ./_REDACTED__Johnson_Joseph_SoS_decision.pdf-language may become vulnerable to exploitation or abuse.” ./_REDACTED__Johnson_Joseph_SoS_decision.pdf- ./_REDACTED__Johnson_Joseph_SoS_decision.pdf-I have to determine whether the imposition of a prohibition order is proportionate and in ./_REDACTED__Johnson_Joseph_SoS_decision.pdf-the public interest. In considering that for this case, I have considered the overall aim of a ./_REDACTED__Johnson_Joseph_SoS_decision.pdf-prohibition order which is to protect pupils and to maintain public confidence in the ./_REDACTED__Johnson_Joseph_SoS_decision.pdf-profession. I have considered the extent to which a prohibition order in this case would ./_REDACTED__Johnson_Joseph_SoS_decision.pdf-achieve that aim taking into account the impact that it will have on the individual teacher. ./_REDACTED__Johnson_Joseph_SoS_decision.pdf-I have also asked myself, whether a less intrusive measure, such as the published ./_REDACTED__Johnson_Joseph_SoS_decision.pdf-finding of unacceptable professional conduct and conduct that may bring the profession ./_REDACTED__Johnson_Joseph_SoS_decision.pdf-into disrepute, would itself be sufficient to achieve the overall aim. I have to consider ./_REDACTED__Johnson_Joseph_SoS_decision.pdf-whether the consequences of such a publication are themselves sufficient. I have ./_REDACTED__Johnson_Joseph_SoS_decision.pdf-considered therefore whether or not prohibiting Mr Johnson, and the impact that will have ./_REDACTED__Johnson_Joseph_SoS_decision.pdf-on the teacher, is proportionate and in the public interest. ./_REDACTED__Johnson_Joseph_SoS_decision.pdf- ./_REDACTED__Johnson_Joseph_SoS_decision.pdf-In this case, I have considered the extent to which a prohibition order would protect ./_REDACTED__Johnson_Joseph_SoS_decision.pdf-children/safeguard pupils. The panel has observed, “that Mr Johnson’s behaviour with ./_REDACTED__Johnson_Joseph_SoS_decision.pdf-the allegations that have been proven demonstrate that he did not have regard for the ./_REDACTED__Johnson_Joseph_SoS_decision.pdf-very clear ethos and policies of his School.” The panel also commented, “that the School ./_REDACTED__Johnson_Joseph_SoS_decision.pdf:was a single sex girl’s school. Mr Johnson engages in sexualised language directed at ./_REDACTED__Johnson_Joseph_SoS_decision.pdf-his students which heightens the misconduct.” A prohibition order would therefore ./_REDACTED__Johnson_Joseph_SoS_decision.pdf-prevent such a risk from being present in the future. ./_REDACTED__Johnson_Joseph_SoS_decision.pdf- ./_REDACTED__Johnson_Joseph_SoS_decision.pdf-I have also taken into account the panel’s comments on insight and remorse, which the ./_REDACTED__Johnson_Joseph_SoS_decision.pdf-panel sets out as follows, “The panel also considered that Mr Johnson had shown a lack ./_REDACTED__Johnson_Joseph_SoS_decision.pdf-of insight or remorse both during the School’s investigation and police interview and ./_REDACTED__Johnson_Joseph_SoS_decision.pdf-during this process. The panel noted that even when Mr Johnson accepted that he had ./_REDACTED__Johnson_Joseph_SoS_decision.pdf-done something in the School’s investigation and/or police interview he still did not show ./_REDACTED__Johnson_Joseph_SoS_decision.pdf-any insight to the gravity of the language used, the fact that the behaviour was highly ./_REDACTED__Johnson_Joseph_SoS_decision.pdf-unacceptable or any remorse towards the pupils.” In my judgement, the lack of insight ./_REDACTED__llenotuma_Monday_SoS_Decision.pdf- ./_REDACTED__llenotuma_Monday_SoS_Decision.pdf-The panel heard live evidence from Witness A that Mr Ilenotuma was a good teacher. He ./_REDACTED__llenotuma_Monday_SoS_Decision.pdf-went on to say that "students always talked about lessons being on point" and the ./_REDACTED__llenotuma_Monday_SoS_Decision.pdf-pastoral leads described him as a "solid tutor". ./_REDACTED__llenotuma_Monday_SoS_Decision.pdf- ./_REDACTED__llenotuma_Monday_SoS_Decision.pdf-The panel was also provided with two supportive character references that were undated ./_REDACTED__llenotuma_Monday_SoS_Decision.pdf-and unsigned. The panel also noted that it was unclear if the referees were aware of the ./_REDACTED__llenotuma_Monday_SoS_Decision.pdf-allegation Mr Ilenotuma faced in these proceedings. ./_REDACTED__llenotuma_Monday_SoS_Decision.pdf- ./_REDACTED__llenotuma_Monday_SoS_Decision.pdf-The panel took into account that there was no allegation that Mr Ilenotuma's conduct was ./_REDACTED__llenotuma_Monday_SoS_Decision.pdf:sexually motivated. ./_REDACTED__llenotuma_Monday_SoS_Decision.pdf- ./_REDACTED__llenotuma_Monday_SoS_Decision.pdf-The panel noted that Mr Ilenotuma accepted that his conduct was wrong. The panel ./_REDACTED__llenotuma_Monday_SoS_Decision.pdf-found that the risk of repetition of the specific behaviours concerning informal contact ./_REDACTED__llenotuma_Monday_SoS_Decision.pdf-with pupils outside of school hours and without the knowledge of his employer, was low. ./_REDACTED__llenotuma_Monday_SoS_Decision.pdf-However, this did not apply to the panel's wider concern regarding Mr Ilenotuma's likely ./_REDACTED__llenotuma_Monday_SoS_Decision.pdf-risk of failure to observe the professional boundaries expected of teachers. ./_REDACTED__llenotuma_Monday_SoS_Decision.pdf- ./_REDACTED__llenotuma_Monday_SoS_Decision.pdf-The panel was concerned that Mr Ilenotuma had no real understanding about ./_REDACTED__llenotuma_Monday_SoS_Decision.pdf-maintaining professional boundaries and that he had poor knowledge and understanding ./_REDACTED__llenotuma_Monday_SoS_Decision.pdf-of safeguarding requirements, as set out in Part 1 of Keeping Children Safe in Education -- ./_REDACTED__llenotuma_Monday_SoS_Decision.pdf-Keeping Children Safe in Education (KCSIE).” ./_REDACTED__llenotuma_Monday_SoS_Decision.pdf- ./_REDACTED__llenotuma_Monday_SoS_Decision.pdf-I have also placed considerable weight on the finding that “The panel noted that Mr ./_REDACTED__llenotuma_Monday_SoS_Decision.pdf-Ilenotuma accepted that his conduct was wrong. The panel found that the risk of ./_REDACTED__llenotuma_Monday_SoS_Decision.pdf-repetition of the specific behaviours concerning informal contact with pupils outside of ./_REDACTED__llenotuma_Monday_SoS_Decision.pdf-school hours and without the knowledge of his employer, was low. However, this did not ./_REDACTED__llenotuma_Monday_SoS_Decision.pdf-apply to the panel's wider concern regarding Mr Ilenotuma's likely risk of failure to ./_REDACTED__llenotuma_Monday_SoS_Decision.pdf-observe the professional boundaries expected of teachers.” ./_REDACTED__llenotuma_Monday_SoS_Decision.pdf- ./_REDACTED__llenotuma_Monday_SoS_Decision.pdf-The panel also took into account that there was no allegation that Mr Ilenotuma's conduct ./_REDACTED__llenotuma_Monday_SoS_Decision.pdf:was sexually motivated. ./_REDACTED__llenotuma_Monday_SoS_Decision.pdf- ./_REDACTED__llenotuma_Monday_SoS_Decision.pdf- ./_REDACTED__llenotuma_Monday_SoS_Decision.pdf- ./_REDACTED__llenotuma_Monday_SoS_Decision.pdf- ./_REDACTED__llenotuma_Monday_SoS_Decision.pdf- 20 ./_REDACTED__llenotuma_Monday_SoS_Decision.pdf- ./_REDACTED__Myers_Lee_Panel_SoS_Decision.pdf- Pupil A’s bra strap; ./_REDACTED__Myers_Lee_Panel_SoS_Decision.pdf- iii. hitting Pupil A’s head and/or arm; ./_REDACTED__Myers_Lee_Panel_SoS_Decision.pdf- iv. kissing Pupil A; ./_REDACTED__Myers_Lee_Panel_SoS_Decision.pdf- v. placing your hand on Pupil A’s leg; ./_REDACTED__Myers_Lee_Panel_SoS_Decision.pdf- vi. grabbing Pupil A’s head and/or pulling Pupil A towards him; ./_REDACTED__Myers_Lee_Panel_SoS_Decision.pdf- vii. taking hold of Pupil A’s hand and/or placing Pupil A’s hand underneath ./_REDACTED__Myers_Lee_Panel_SoS_Decision.pdf- and/or over his trousers; ./_REDACTED__Myers_Lee_Panel_SoS_Decision.pdf- c. making one or more inappropriate comments towards Pupil A, such as: ./_REDACTED__Myers_Lee_Panel_SoS_Decision.pdf- i. “stop being a faggot” or using words to that effect; ./_REDACTED__Myers_Lee_Panel_SoS_Decision.pdf- ii. “don’t be boring” or using words to that effect; ./_REDACTED__Myers_Lee_Panel_SoS_Decision.pdf: iii. asking Pupil A about her own sexual experiences; ./_REDACTED__Myers_Lee_Panel_SoS_Decision.pdf- iv. suggesting to Pupil A that he and Pupil A should get a hotel room ./_REDACTED__Myers_Lee_Panel_SoS_Decision.pdf- together; ./_REDACTED__Myers_Lee_Panel_SoS_Decision.pdf- v. suggesting to Pupil A that he and Pupil A could go out for drinks in ./_REDACTED__Myers_Lee_Panel_SoS_Decision.pdf- Liverpool; ./_REDACTED__Myers_Lee_Panel_SoS_Decision.pdf- vi. discussing the size of Pupil A’s breasts; ./_REDACTED__Myers_Lee_Panel_SoS_Decision.pdf- vii. commenting on the appearance of Pupil A’s sibling; ./_REDACTED__Myers_Lee_Panel_SoS_Decision.pdf- viii. suggesting to Pupil A that he had “slept” with a member of staff at the ./_REDACTED__Myers_Lee_Panel_SoS_Decision.pdf- school; ./_REDACTED__Myers_Lee_Panel_SoS_Decision.pdf: d. asking Pupil A and/or Pupil D to engage in sexual activity; ./_REDACTED__Myers_Lee_Panel_SoS_Decision.pdf- e. telling Pupil A to get the train and offering to pick her up; ./_REDACTED__Myers_Lee_Panel_SoS_Decision.pdf- ./_REDACTED__Myers_Lee_Panel_SoS_Decision.pdf- ./_REDACTED__Myers_Lee_Panel_SoS_Decision.pdf- ./_REDACTED__Myers_Lee_Panel_SoS_Decision.pdf- 4 ./_REDACTED__Myers_Lee_Panel_SoS_Decision.pdf- -- ./_REDACTED__Myers_Lee_Panel_SoS_Decision.pdf- f. allowing Pupil A and/or Pupil D in his car; ./_REDACTED__Myers_Lee_Panel_SoS_Decision.pdf- g. taking Pupil A and /or Pupil D to Liverpool; ./_REDACTED__Myers_Lee_Panel_SoS_Decision.pdf- h. offering to purchase alcohol for Pupil A and/or Pupil D. ./_REDACTED__Myers_Lee_Panel_SoS_Decision.pdf- 2. His behaviour as may be found proven at allegation 1 above: ./_REDACTED__Myers_Lee_Panel_SoS_Decision.pdf: a. was conduct of a sexual nature and/or was sexually motivated; ./_REDACTED__Myers_Lee_Panel_SoS_Decision.pdf- b. demonstrated a lack of insight into previous concerns which were raised ./_REDACTED__Myers_Lee_Panel_SoS_Decision.pdf- regarding maintaining professional boundaries with students in or around 2008. ./_REDACTED__Myers_Lee_Panel_SoS_Decision.pdf-Mr Myers denied the allegations and denied that he is guilty of unacceptable professional ./_REDACTED__Myers_Lee_Panel_SoS_Decision.pdf-conduct and/or conduct that may bring the profession into disrepute. ./_REDACTED__Myers_Lee_Panel_SoS_Decision.pdf- ./_REDACTED__Myers_Lee_Panel_SoS_Decision.pdf- ./_REDACTED__Myers_Lee_Panel_SoS_Decision.pdf-Preliminary applications ./_REDACTED__Myers_Lee_Panel_SoS_Decision.pdf-Proceeding in absence and admission of additional documents ./_REDACTED__Myers_Lee_Panel_SoS_Decision.pdf- ./_REDACTED__Myers_Lee_Panel_SoS_Decision.pdf-The presenting officer applied to admit a number of documents that were not served in -- ./_REDACTED__Myers_Lee_Panel_SoS_Decision.pdf-were clear. ./_REDACTED__Myers_Lee_Panel_SoS_Decision.pdf- ./_REDACTED__Myers_Lee_Panel_SoS_Decision.pdf-The panel also corrected the numbering of the allegations since the numbering in the ./_REDACTED__Myers_Lee_Panel_SoS_Decision.pdf-allegations contained in the notice of hearing were not consecutive. ./_REDACTED__Myers_Lee_Panel_SoS_Decision.pdf- ./_REDACTED__Myers_Lee_Panel_SoS_Decision.pdf-Special measures for Pupil A ./_REDACTED__Myers_Lee_Panel_SoS_Decision.pdf- ./_REDACTED__Myers_Lee_Panel_SoS_Decision.pdf-Pursuant to paragraph 4.71 of the Procedures, the presenting officer applied for Pupil A ./_REDACTED__Myers_Lee_Panel_SoS_Decision.pdf-to be a vulnerable witness and for a witness supporter to be in attendance. The panel ./_REDACTED__Myers_Lee_Panel_SoS_Decision.pdf-was satisfied that Pupil A was a witness whose quality of evidence was likely to be ./_REDACTED__Myers_Lee_Panel_SoS_Decision.pdf:adversely affected since the allegation against Mr Myers was of a sexual nature and ./_REDACTED__Myers_Lee_Panel_SoS_Decision.pdf-Pupil A was the alleged victim. The panel was content for Pupil A to give oral evidence as ./_REDACTED__Myers_Lee_Panel_SoS_Decision.pdf-there was no evidence that doing so would be prejudicial to Pupil A’s welfare. The panel ./_REDACTED__Myers_Lee_Panel_SoS_Decision.pdf-was satisfied that the attendance of a witness supporter would safeguard the interests of ./_REDACTED__Myers_Lee_Panel_SoS_Decision.pdf-Pupil A. The panel therefore acceded to the application. ./_REDACTED__Myers_Lee_Panel_SoS_Decision.pdf- ./_REDACTED__Myers_Lee_Panel_SoS_Decision.pdf- ./_REDACTED__Myers_Lee_Panel_SoS_Decision.pdf- ./_REDACTED__Myers_Lee_Panel_SoS_Decision.pdf- 8 ./_REDACTED__Myers_Lee_Panel_SoS_Decision.pdf- -- ./_REDACTED__Myers_Lee_Panel_SoS_Decision.pdf-told Mr Myers to get off, he had asked why and laughed. She stated that she was scared. ./_REDACTED__Myers_Lee_Panel_SoS_Decision.pdf-When Pupil D returned to the car, Mr Myers exited to return his shoes. ./_REDACTED__Myers_Lee_Panel_SoS_Decision.pdf- ./_REDACTED__Myers_Lee_Panel_SoS_Decision.pdf-When Mr Myers returned to the car, Pupil A stated that she wanted to go home, to which ./_REDACTED__Myers_Lee_Panel_SoS_Decision.pdf-Mr Myers had said “you bore”. Pupil A stated that for around an hour, Mr Myers had ./_REDACTED__Myers_Lee_Panel_SoS_Decision.pdf-driven around Liverpool and kept calling her a “bore” as she wanted to go home. ./_REDACTED__Myers_Lee_Panel_SoS_Decision.pdf- ./_REDACTED__Myers_Lee_Panel_SoS_Decision.pdf-Pupil A stated that Mr Myers had talked about who he had slept with and where. She ./_REDACTED__Myers_Lee_Panel_SoS_Decision.pdf-stated that Mr Myers had asked Pupil D and Pupil A to sit on him and if they would ./_REDACTED__Myers_Lee_Panel_SoS_Decision.pdf:perform sexual acts on him. She stated that they said no, and Mr Myers stated that he ./_REDACTED__Myers_Lee_Panel_SoS_Decision.pdf-would get Pupil D a bottle of vodka if she would do it. She stated that Pupil D had said ./_REDACTED__Myers_Lee_Panel_SoS_Decision.pdf-that she would, and Mr Myers went to get a bottle of vodka. Mr Myers then said, “I’ve got ./_REDACTED__Myers_Lee_Panel_SoS_Decision.pdf-you that, you’ve got to do what I want.” She stated that Pupil D had said “no”, and put the ./_REDACTED__Myers_Lee_Panel_SoS_Decision.pdf-bottle of vodka in her bag. She stated that Mr Myers had asked her why she would not do ./_REDACTED__Myers_Lee_Panel_SoS_Decision.pdf-it, and Pupil D said it was because she did not want to. Pupil A stated that Mr Myers had ./_REDACTED__Myers_Lee_Panel_SoS_Decision.pdf-said “you two are boring me” and continued driving. ./_REDACTED__Myers_Lee_Panel_SoS_Decision.pdf- ./_REDACTED__Myers_Lee_Panel_SoS_Decision.pdf-Pupil A stated that Mr Myers had stopped the car, got out and went around to Pupil D’s ./_REDACTED__Myers_Lee_Panel_SoS_Decision.pdf-door, that he had grabbed Pupil D’s head and pulled it towards him but Pupil D moved ./_REDACTED__Myers_Lee_Panel_SoS_Decision.pdf-her head back. She stated that Mr Myers got back in the car and started driving again. -- ./_REDACTED__Myers_Lee_Panel_SoS_Decision.pdf-had plenty of opportunity to exit any situation where Pupil A felt uncomfortable. ./_REDACTED__Myers_Lee_Panel_SoS_Decision.pdf- ./_REDACTED__Myers_Lee_Panel_SoS_Decision.pdf-The panel noted that Pupil A had not raised these matters during her first ABE interview. ./_REDACTED__Myers_Lee_Panel_SoS_Decision.pdf-However, the panel appreciated that this did not necessarily affect the credibility of her ./_REDACTED__Myers_Lee_Panel_SoS_Decision.pdf-account given her age at the time and the distress Pupil A would likely have experienced ./_REDACTED__Myers_Lee_Panel_SoS_Decision.pdf-in raising these concerns. ./_REDACTED__Myers_Lee_Panel_SoS_Decision.pdf- ./_REDACTED__Myers_Lee_Panel_SoS_Decision.pdf-Whilst Pupil A’s account is uncorroborated, given that the panel has decided to exclude ./_REDACTED__Myers_Lee_Panel_SoS_Decision.pdf-the evidence of Pupil D, the panel found that Pupil A’s account in her ABE interview and ./_REDACTED__Myers_Lee_Panel_SoS_Decision.pdf-the account she gave in these proceedings was consistent. Furthermore, the suggestions ./_REDACTED__Myers_Lee_Panel_SoS_Decision.pdf:made by Mr Myers during this incident in proposing that Pupil A and D perform sexual ./_REDACTED__Myers_Lee_Panel_SoS_Decision.pdf-acts on him was consistent with the evidence of Pupil C that, on another occasion, she ./_REDACTED__Myers_Lee_Panel_SoS_Decision.pdf-had heard Mr Myers proposing to Pupil A that they get a hotel or go to his home. Mr ./_REDACTED__Myers_Lee_Panel_SoS_Decision.pdf-Myers accepted driving Pupil A in his car, and had already displayed his willingness to ./_REDACTED__Myers_Lee_Panel_SoS_Decision.pdf-breach professional boundaries by doing so. The panel found that the account of Mr ./_REDACTED__Myers_Lee_Panel_SoS_Decision.pdf-Myers kissing Pupil A was consistent with his earlier conduct in having unnecessary ./_REDACTED__Myers_Lee_Panel_SoS_Decision.pdf-physical contact with her. The panel found that it was more probable than not that Mr ./_REDACTED__Myers_Lee_Panel_SoS_Decision.pdf-Myers had kissed Pupil A, and that this was a breach of appropriate professional ./_REDACTED__Myers_Lee_Panel_SoS_Decision.pdf-boundaries. ./_REDACTED__Myers_Lee_Panel_SoS_Decision.pdf- ./_REDACTED__Myers_Lee_Panel_SoS_Decision.pdf-The panel found this allegation proven. -- ./_REDACTED__Myers_Lee_Panel_SoS_Decision.pdf-have called someone boring at some point but could not say for definite or in what ./_REDACTED__Myers_Lee_Panel_SoS_Decision.pdf-context. He denied having told Pupil A to “stop being boring” in order to coax her into ./_REDACTED__Myers_Lee_Panel_SoS_Decision.pdf-allowing him to touch her inappropriately. ./_REDACTED__Myers_Lee_Panel_SoS_Decision.pdf- ./_REDACTED__Myers_Lee_Panel_SoS_Decision.pdf-The panel considered that it was more likely than not that Mr Myers had used this phrase ./_REDACTED__Myers_Lee_Panel_SoS_Decision.pdf-and given the context in which it was used, it was a breach of appropriate professional ./_REDACTED__Myers_Lee_Panel_SoS_Decision.pdf-boundaries. ./_REDACTED__Myers_Lee_Panel_SoS_Decision.pdf- ./_REDACTED__Myers_Lee_Panel_SoS_Decision.pdf-The panel found this allegation proven. ./_REDACTED__Myers_Lee_Panel_SoS_Decision.pdf- ./_REDACTED__Myers_Lee_Panel_SoS_Decision.pdf: iii. asking Pupil A about her own sexual experiences; ./_REDACTED__Myers_Lee_Panel_SoS_Decision.pdf- ./_REDACTED__Myers_Lee_Panel_SoS_Decision.pdf-Pupil A stated that Mr Myers had asked her if she had slept with her boyfriend and how ./_REDACTED__Myers_Lee_Panel_SoS_Decision.pdf-many times they had slept together. She stated that she had told Mr Myers that he did ./_REDACTED__Myers_Lee_Panel_SoS_Decision.pdf-not need to know that, and that it was none of his business. ./_REDACTED__Myers_Lee_Panel_SoS_Decision.pdf- ./_REDACTED__Myers_Lee_Panel_SoS_Decision.pdf- ./_REDACTED__Myers_Lee_Panel_SoS_Decision.pdf- ./_REDACTED__Myers_Lee_Panel_SoS_Decision.pdf- ./_REDACTED__Myers_Lee_Panel_SoS_Decision.pdf- 19 ./_REDACTED__Myers_Lee_Panel_SoS_Decision.pdf- -- ./_REDACTED__Myers_Lee_Panel_SoS_Decision.pdf:Pupil C stated that Mr Myers asked Pupil A about her sex life with another pupil, who she ./_REDACTED__Myers_Lee_Panel_SoS_Decision.pdf-had slept with, how many people she had slept with, what she had done and how far she ./_REDACTED__Myers_Lee_Panel_SoS_Decision.pdf:would go. Pupil C stated that she felt uncomfortable as Pupil A’s sex life should not be ./_REDACTED__Myers_Lee_Panel_SoS_Decision.pdf-spoken about. She stated that Mr Myers made schoolboy comments about Pupil A ./_REDACTED__Myers_Lee_Panel_SoS_Decision.pdf-having a boyfriend, that Pupil A was too good for her boyfriend and that she needed an ./_REDACTED__Myers_Lee_Panel_SoS_Decision.pdf-older man. ./_REDACTED__Myers_Lee_Panel_SoS_Decision.pdf- ./_REDACTED__Myers_Lee_Panel_SoS_Decision.pdf-Mr Myers denies that this occurred as suggested. He stated that students felt that they ./_REDACTED__Myers_Lee_Panel_SoS_Decision.pdf-could talk to him about their lives and what was going on in them and that this would ./_REDACTED__Myers_Lee_Panel_SoS_Decision.pdf:include relationship issues. He stated that at various stages of school life, sex education ./_REDACTED__Myers_Lee_Panel_SoS_Decision.pdf-was taught and that this promoted some topics of conversation that were always dealt ./_REDACTED__Myers_Lee_Panel_SoS_Decision.pdf-with in a meaningful and tactful manner. ./_REDACTED__Myers_Lee_Panel_SoS_Decision.pdf- ./_REDACTED__Myers_Lee_Panel_SoS_Decision.pdf-Given that Pupil C corroborated Pupil A’s evidence and that Pupil A and Pupil C’s ./_REDACTED__Myers_Lee_Panel_SoS_Decision.pdf-accounts were consistent with the evidence they gave during their ABE interviews, the ./_REDACTED__Myers_Lee_Panel_SoS_Decision.pdf:panel found it more likely than not that Mr Myers had asked Pupil A about her sexual ./_REDACTED__Myers_Lee_Panel_SoS_Decision.pdf-experiences. The panel found that this was a breach of appropriate professional ./_REDACTED__Myers_Lee_Panel_SoS_Decision.pdf-boundaries. ./_REDACTED__Myers_Lee_Panel_SoS_Decision.pdf- ./_REDACTED__Myers_Lee_Panel_SoS_Decision.pdf-The panel found this allegation proven. ./_REDACTED__Myers_Lee_Panel_SoS_Decision.pdf- ./_REDACTED__Myers_Lee_Panel_SoS_Decision.pdf- iv. suggesting to Pupil A that he and Pupil A should get a hotel room ./_REDACTED__Myers_Lee_Panel_SoS_Decision.pdf- together; ./_REDACTED__Myers_Lee_Panel_SoS_Decision.pdf- ./_REDACTED__Myers_Lee_Panel_SoS_Decision.pdf-Pupil A gave evidence that in the summer of 2015, Mr Myers had said “you know, we get ./_REDACTED__Myers_Lee_Panel_SoS_Decision.pdf-to stay in a hotel overnight, I’m going to book us a hotel and we can go out for drinks -- ./_REDACTED__Myers_Lee_Panel_SoS_Decision.pdf-gave during her ABE interview. The panel considered that this suggestion was consistent ./_REDACTED__Myers_Lee_Panel_SoS_Decision.pdf-with the informal manner that Mr Myers accepted he adopted with his students. Pupil C ./_REDACTED__Myers_Lee_Panel_SoS_Decision.pdf-described that Mr Myers sought to be a friend rather than a teacher, and that the ./_REDACTED__Myers_Lee_Panel_SoS_Decision.pdf-boundaries to be expected of a teacher were not in place. In these circumstances, the ./_REDACTED__Myers_Lee_Panel_SoS_Decision.pdf-panel found it more probable than not that Mr Myers had suggested to Pupil A that he ./_REDACTED__Myers_Lee_Panel_SoS_Decision.pdf-had “slept” with a member of staff at the School and that in doing so he had breached ./_REDACTED__Myers_Lee_Panel_SoS_Decision.pdf-appropriate professional boundaries. ./_REDACTED__Myers_Lee_Panel_SoS_Decision.pdf- ./_REDACTED__Myers_Lee_Panel_SoS_Decision.pdf-The panel found this allegation proven. ./_REDACTED__Myers_Lee_Panel_SoS_Decision.pdf- ./_REDACTED__Myers_Lee_Panel_SoS_Decision.pdf: d. asking Pupil A and/or Pupil D to engage in sexual activity; ./_REDACTED__Myers_Lee_Panel_SoS_Decision.pdf- ./_REDACTED__Myers_Lee_Panel_SoS_Decision.pdf-This allegation relates to the incident referred to in respect of allegation 1.b.iv. above. ./_REDACTED__Myers_Lee_Panel_SoS_Decision.pdf- ./_REDACTED__Myers_Lee_Panel_SoS_Decision.pdf-Mr Myers strongly denied this allegation. ./_REDACTED__Myers_Lee_Panel_SoS_Decision.pdf- ./_REDACTED__Myers_Lee_Panel_SoS_Decision.pdf-Whilst Pupil A’s account is uncorroborated, given that the panel has decided to exclude ./_REDACTED__Myers_Lee_Panel_SoS_Decision.pdf-the evidence of Pupil D, the panel found that Pupil A’s account in her ABE interview and ./_REDACTED__Myers_Lee_Panel_SoS_Decision.pdf- ./_REDACTED__Myers_Lee_Panel_SoS_Decision.pdf- 23 ./_REDACTED__Myers_Lee_Panel_SoS_Decision.pdf- -- ./_REDACTED__Myers_Lee_Panel_SoS_Decision.pdf-the account she gave in these proceedings was consistent. Furthermore, Mr Myers ./_REDACTED__Myers_Lee_Panel_SoS_Decision.pdf:asking Pupil A and Pupil D to engage in sexual activity with him is consistent with the ./_REDACTED__Myers_Lee_Panel_SoS_Decision.pdf-evidence of Pupil C that, on another occasion, she had heard Mr Myers proposing to ./_REDACTED__Myers_Lee_Panel_SoS_Decision.pdf-Pupil A that they get a hotel or go back to his home. The panel found that the account of ./_REDACTED__Myers_Lee_Panel_SoS_Decision.pdf:Mr Myers asking Pupil A and Pupil D to engage in sexual activity was consistent with his ./_REDACTED__Myers_Lee_Panel_SoS_Decision.pdf-earlier conduct in having unnecessary physical contact with her. The panel found that it ./_REDACTED__Myers_Lee_Panel_SoS_Decision.pdf-was more probable than not that Mr Myers had asked Pupil A and Pupil D to engage in ./_REDACTED__Myers_Lee_Panel_SoS_Decision.pdf:sexual activity, and that this was a breach of appropriate professional boundaries. ./_REDACTED__Myers_Lee_Panel_SoS_Decision.pdf- ./_REDACTED__Myers_Lee_Panel_SoS_Decision.pdf-The panel found this allegation proven. ./_REDACTED__Myers_Lee_Panel_SoS_Decision.pdf- ./_REDACTED__Myers_Lee_Panel_SoS_Decision.pdf- e. telling Pupil A to get the train and offering to pick her up; ./_REDACTED__Myers_Lee_Panel_SoS_Decision.pdf- ./_REDACTED__Myers_Lee_Panel_SoS_Decision.pdf-Pupil A and Pupil C’s evidence in relation to this allegation is referred to above. ./_REDACTED__Myers_Lee_Panel_SoS_Decision.pdf- ./_REDACTED__Myers_Lee_Panel_SoS_Decision.pdf-Mr Myers’ representations state that he denied that this allegation occurred in the manner ./_REDACTED__Myers_Lee_Panel_SoS_Decision.pdf-suggested. He stated that he had tried to arrange to meet Pupil A to stop random text ./_REDACTED__Myers_Lee_Panel_SoS_Decision.pdf-and phone calls that he was receiving from Pupil A. He stated that his intention had been -- ./_REDACTED__Myers_Lee_Panel_SoS_Decision.pdf-The panel found this allegation proven. ./_REDACTED__Myers_Lee_Panel_SoS_Decision.pdf- ./_REDACTED__Myers_Lee_Panel_SoS_Decision.pdf- 2. His behaviour as may be found proven at allegation 1 above: ./_REDACTED__Myers_Lee_Panel_SoS_Decision.pdf- ./_REDACTED__Myers_Lee_Panel_SoS_Decision.pdf: a. was conduct of a sexual nature and/or was sexually motivated; ./_REDACTED__Myers_Lee_Panel_SoS_Decision.pdf- ./_REDACTED__Myers_Lee_Panel_SoS_Decision.pdf:There are aspects of Mr Myers’ conduct that were by their nature sexual, or because of ./_REDACTED__Myers_Lee_Panel_SoS_Decision.pdf:the circumstances or the purpose of Mr Myers in relation to it, they were sexual. ./_REDACTED__Myers_Lee_Panel_SoS_Decision.pdf-Examples of this included placing his hand down the back of Pupil A’s top and/or ./_REDACTED__Myers_Lee_Panel_SoS_Decision.pdf-underneath her bra strap, kissing Pupil A, placing her hand over his trousers and asking ./_REDACTED__Myers_Lee_Panel_SoS_Decision.pdf:Pupil A and Pupil D to engage in sexual activity. Suggesting they get a hotel together ./_REDACTED__Myers_Lee_Panel_SoS_Decision.pdf:was indicative of his desire for a sexual encounter or relationship. The panel considered ./_REDACTED__Myers_Lee_Panel_SoS_Decision.pdf-that it was more likely than not, that in the circumstances, Mr Myers was acting in pursuit ./_REDACTED__Myers_Lee_Panel_SoS_Decision.pdf:of sexual gratification or in pursuit of a sexual relationship with Pupil A. ./_REDACTED__Myers_Lee_Panel_SoS_Decision.pdf- ./_REDACTED__Myers_Lee_Panel_SoS_Decision.pdf-The panel also considered that the physical contact that he had with Pupil A, his ./_REDACTED__Myers_Lee_Panel_SoS_Decision.pdf-exchange of text messages with her and his language towards her were all part and ./_REDACTED__Myers_Lee_Panel_SoS_Decision.pdf:parcel of developing a sexual relationship with her. Pupil C described that Pupil A was, at ./_REDACTED__Myers_Lee_Panel_SoS_Decision.pdf-the time, naïve and had been through some difficult times, [REDACTED]. Her ./_REDACTED__Myers_Lee_Panel_SoS_Decision.pdf-observation was that Pupil A was, at the time, someone who was easy to target as a ./_REDACTED__Myers_Lee_Panel_SoS_Decision.pdf-person who would keep quiet, and that she could be manipulated. The panel considered ./_REDACTED__Myers_Lee_Panel_SoS_Decision.pdf-that what might have been perceived as playfighting, was more likely an excuse for ./_REDACTED__Myers_Lee_Panel_SoS_Decision.pdf:making physical contact with Pupil A for his sexual gratification and/or in pursuit of a ./_REDACTED__Myers_Lee_Panel_SoS_Decision.pdf:sexual relationship with her. There could be no credible innocent motivation for such ./_REDACTED__Myers_Lee_Panel_SoS_Decision.pdf-behaviour. ./_REDACTED__Myers_Lee_Panel_SoS_Decision.pdf- ./_REDACTED__Myers_Lee_Panel_SoS_Decision.pdf:The panel found it proven that Mr Myers’ conduct was conduct of a sexual nature and/or ./_REDACTED__Myers_Lee_Panel_SoS_Decision.pdf:was sexually motivated. ./_REDACTED__Myers_Lee_Panel_SoS_Decision.pdf- ./_REDACTED__Myers_Lee_Panel_SoS_Decision.pdf- b. demonstrated a lack of insight into previous concerns which were raised ./_REDACTED__Myers_Lee_Panel_SoS_Decision.pdf- regarding maintaining professional boundaries with students in or ./_REDACTED__Myers_Lee_Panel_SoS_Decision.pdf- around 2008. ./_REDACTED__Myers_Lee_Panel_SoS_Decision.pdf- ./_REDACTED__Myers_Lee_Panel_SoS_Decision.pdf-A [REDACTED] at a school at which Mr Myers was previously employed gave evidence ./_REDACTED__Myers_Lee_Panel_SoS_Decision.pdf-that on one occasion, he had observed a pupil in Mr Myers’ car. He stated that he had ./_REDACTED__Myers_Lee_Panel_SoS_Decision.pdf-reported this and attended the subsequent disciplinary tribunal that was also attended by ./_REDACTED__Myers_Lee_Panel_SoS_Decision.pdf-Mr Myers and his representative. ./_REDACTED__Myers_Lee_Panel_SoS_Decision.pdf- -- ./_REDACTED__Myers_Lee_Panel_SoS_Decision.pdf-proved, involved breaches of Keeping Children Safe In Education (“KCSIE”). The panel ./_REDACTED__Myers_Lee_Panel_SoS_Decision.pdf-considered that Mr Myers was in breach of the requirement to safeguard and promote the ./_REDACTED__Myers_Lee_Panel_SoS_Decision.pdf-welfare of children and to protect them from harm. The panel noted that KCSIE stated ./_REDACTED__Myers_Lee_Panel_SoS_Decision.pdf-that children includes everyone under the age of 18. ./_REDACTED__Myers_Lee_Panel_SoS_Decision.pdf- ./_REDACTED__Myers_Lee_Panel_SoS_Decision.pdf-The panel was satisfied that the conduct of Mr Myers fell significantly short of the ./_REDACTED__Myers_Lee_Panel_SoS_Decision.pdf-standard of behaviour expected of a teacher. ./_REDACTED__Myers_Lee_Panel_SoS_Decision.pdf- ./_REDACTED__Myers_Lee_Panel_SoS_Decision.pdf-The panel also considered whether Mr Myers’ conduct displayed behaviours associated ./_REDACTED__Myers_Lee_Panel_SoS_Decision.pdf-with any of the offences in the list that begins on page 12 of the Advice, albeit he has not ./_REDACTED__Myers_Lee_Panel_SoS_Decision.pdf:been convicted of such an offence. The panel found that the offence of sexual activity ./_REDACTED__Myers_Lee_Panel_SoS_Decision.pdf-was relevant. The Advice indicates that where behaviours associated with such an ./_REDACTED__Myers_Lee_Panel_SoS_Decision.pdf- ./_REDACTED__Myers_Lee_Panel_SoS_Decision.pdf- 27 ./_REDACTED__Myers_Lee_Panel_SoS_Decision.pdf- -- ./_REDACTED__Myers_Lee_Panel_SoS_Decision.pdf-bring the profession into disrepute. The panel took into account the way the teaching ./_REDACTED__Myers_Lee_Panel_SoS_Decision.pdf-profession is viewed by others, the responsibilities and duties of teachers in relation to ./_REDACTED__Myers_Lee_Panel_SoS_Decision.pdf-the safeguarding and welfare of pupils and considered the influence that teachers may ./_REDACTED__Myers_Lee_Panel_SoS_Decision.pdf-have on pupils, parents and others in the community. The panel also took account of the ./_REDACTED__Myers_Lee_Panel_SoS_Decision.pdf-uniquely influential role that teachers can hold in pupils’ lives and the fact that pupils must ./_REDACTED__Myers_Lee_Panel_SoS_Decision.pdf-be able to view teachers as role models in the way that they behave. ./_REDACTED__Myers_Lee_Panel_SoS_Decision.pdf- ./_REDACTED__Myers_Lee_Panel_SoS_Decision.pdf-In considering the issue of disrepute, the panel also considered whether Mr Myers’ ./_REDACTED__Myers_Lee_Panel_SoS_Decision.pdf-conduct displayed behaviours associated with any of the offences in the list that begins ./_REDACTED__Myers_Lee_Panel_SoS_Decision.pdf-on page 12 of the Advice, albeit Mr Myers has not been convicted of such an offence. ./_REDACTED__Myers_Lee_Panel_SoS_Decision.pdf:The panel found that the offence of sexual activity was relevant. The Advice indicates ./_REDACTED__Myers_Lee_Panel_SoS_Decision.pdf-that where behaviours associated with such an offence exist, a panel is likely to conclude ./_REDACTED__Myers_Lee_Panel_SoS_Decision.pdf-that an individual’s conduct would amount to conduct that may bring the profession into ./_REDACTED__Myers_Lee_Panel_SoS_Decision.pdf-disrepute. ./_REDACTED__Myers_Lee_Panel_SoS_Decision.pdf- ./_REDACTED__Myers_Lee_Panel_SoS_Decision.pdf-The findings of misconduct are serious, and the conduct displayed would be likely to ./_REDACTED__Myers_Lee_Panel_SoS_Decision.pdf-have a negative impact on the individual’s status as a teacher. The panel considered that ./_REDACTED__Myers_Lee_Panel_SoS_Decision.pdf-Mr Myers’ conduct could potentially damage the public’s perception of a teacher. The ./_REDACTED__Myers_Lee_Panel_SoS_Decision.pdf-panel therefore found that Mr Myers’ actions constituted conduct that may bring the ./_REDACTED__Myers_Lee_Panel_SoS_Decision.pdf-profession into disrepute. ./_REDACTED__Myers_Lee_Panel_SoS_Decision.pdf- -- ./_REDACTED__Myers_Lee_Panel_SoS_Decision.pdf-punitive, or to show that blame has been apportioned, although they are likely to have ./_REDACTED__Myers_Lee_Panel_SoS_Decision.pdf-punitive effect. ./_REDACTED__Myers_Lee_Panel_SoS_Decision.pdf- ./_REDACTED__Myers_Lee_Panel_SoS_Decision.pdf-The panel had regard to the particular public interest considerations set out in the Advice ./_REDACTED__Myers_Lee_Panel_SoS_Decision.pdf-and, having done so, found a number of them to be relevant in this case, namely, the ./_REDACTED__Myers_Lee_Panel_SoS_Decision.pdf-safeguarding and wellbeing of pupils; the maintenance of public confidence in the ./_REDACTED__Myers_Lee_Panel_SoS_Decision.pdf-profession; and declaring and upholding proper standards of conduct. ./_REDACTED__Myers_Lee_Panel_SoS_Decision.pdf- ./_REDACTED__Myers_Lee_Panel_SoS_Decision.pdf-There was a strong public interest consideration in respect of the safeguarding and ./_REDACTED__Myers_Lee_Panel_SoS_Decision.pdf-wellbeing of pupils, given the serious findings of engaging with a pupil or former pupil in ./_REDACTED__Myers_Lee_Panel_SoS_Decision.pdf:conduct that was of a sexual nature and which was sexually motivated. ./_REDACTED__Myers_Lee_Panel_SoS_Decision.pdf- ./_REDACTED__Myers_Lee_Panel_SoS_Decision.pdf-Similarly, the panel considered that public confidence in the profession could be seriously ./_REDACTED__Myers_Lee_Panel_SoS_Decision.pdf-weakened if conduct such as that found against Mr Myers were not treated with the ./_REDACTED__Myers_Lee_Panel_SoS_Decision.pdf-utmost seriousness when regulating the conduct of the profession. ./_REDACTED__Myers_Lee_Panel_SoS_Decision.pdf- ./_REDACTED__Myers_Lee_Panel_SoS_Decision.pdf-The panel was of the view that a strong public interest consideration in declaring proper ./_REDACTED__Myers_Lee_Panel_SoS_Decision.pdf-standards of conduct in the profession was also present as the conduct found against Mr ./_REDACTED__Myers_Lee_Panel_SoS_Decision.pdf-Myers was outside that which could reasonably be tolerated. ./_REDACTED__Myers_Lee_Panel_SoS_Decision.pdf- ./_REDACTED__Myers_Lee_Panel_SoS_Decision.pdf-The panel considered that the adverse public interest considerations above outweigh any -- ./_REDACTED__Myers_Lee_Panel_SoS_Decision.pdf- abuse of position or trust (particularly involving vulnerable pupils); ./_REDACTED__Myers_Lee_Panel_SoS_Decision.pdf- ./_REDACTED__Myers_Lee_Panel_SoS_Decision.pdf- an abuse of any trust, knowledge, or influence gained through their professional ./_REDACTED__Myers_Lee_Panel_SoS_Decision.pdf: position in order to advance a romantic or sexual relationship with a pupil or former ./_REDACTED__Myers_Lee_Panel_SoS_Decision.pdf- pupil; ./_REDACTED__Myers_Lee_Panel_SoS_Decision.pdf- ./_REDACTED__Myers_Lee_Panel_SoS_Decision.pdf: sexual misconduct, for example, involving actions that were sexually motivated or of a ./_REDACTED__Myers_Lee_Panel_SoS_Decision.pdf: sexual nature and/or that use or exploit the trust, knowledge or influence derived ./_REDACTED__Myers_Lee_Panel_SoS_Decision.pdf- from the individual’s professional position; ./_REDACTED__Myers_Lee_Panel_SoS_Decision.pdf- ./_REDACTED__Myers_Lee_Panel_SoS_Decision.pdf- failure in their duty of care towards a child, including exposing a child to risk or failing ./_REDACTED__Myers_Lee_Panel_SoS_Decision.pdf- to promote the safety and welfare of the children (as set out in Part 1 of KCSIE); ./_REDACTED__Myers_Lee_Panel_SoS_Decision.pdf- and ./_REDACTED__Myers_Lee_Panel_SoS_Decision.pdf- ./_REDACTED__Myers_Lee_Panel_SoS_Decision.pdf- violation of the rights of pupils. ./_REDACTED__Myers_Lee_Panel_SoS_Decision.pdf- ./_REDACTED__Myers_Lee_Panel_SoS_Decision.pdf-Even though some of the behaviour found proved in this case indicated that a prohibition ./_REDACTED__Myers_Lee_Panel_SoS_Decision.pdf-order would be appropriate, taking account of the public interest and the seriousness of ./_REDACTED__Myers_Lee_Panel_SoS_Decision.pdf-the behaviour and the likely harm to the public interest were the teacher be allowed to ./_REDACTED__Myers_Lee_Panel_SoS_Decision.pdf-continue to teach, the panel went on to consider the mitigation offered by the teacher and ./_REDACTED__Myers_Lee_Panel_SoS_Decision.pdf-whether there were mitigating circumstances. The panel took into account, in particular, ./_REDACTED__Myers_Lee_Panel_SoS_Decision.pdf-the final paragraph of Mr Myers’s written representations. ./_REDACTED__Myers_Lee_Panel_SoS_Decision.pdf- ./_REDACTED__Myers_Lee_Panel_SoS_Decision.pdf:The panel was satisfied that Mr Myers’ actions were deliberate and sexually motivated. ./_REDACTED__Myers_Lee_Panel_SoS_Decision.pdf- ./_REDACTED__Myers_Lee_Panel_SoS_Decision.pdf-There was no evidence to suggest that Mr Myers was acting under extreme duress, eg a ./_REDACTED__Myers_Lee_Panel_SoS_Decision.pdf-physical threat or significant intimidation. ./_REDACTED__Myers_Lee_Panel_SoS_Decision.pdf- ./_REDACTED__Myers_Lee_Panel_SoS_Decision.pdf-The panel has not been informed of any previous disciplinary order imposed by the ./_REDACTED__Myers_Lee_Panel_SoS_Decision.pdf-Secretary of State, the General Teaching Council, now abolished, or other relevant body. ./_REDACTED__Myers_Lee_Panel_SoS_Decision.pdf-There was no evidence that he had demonstrated exceptionally high standards in his ./_REDACTED__Myers_Lee_Panel_SoS_Decision.pdf-personal and professional conduct or that he had contributed significantly to the ./_REDACTED__Myers_Lee_Panel_SoS_Decision.pdf-education sector. Mr Myers adduced no statements attesting to his character or his ./_REDACTED__Myers_Lee_Panel_SoS_Decision.pdf-professional contribution for the purpose of these proceedings. -- ./_REDACTED__Myers_Lee_Panel_SoS_Decision.pdf-made by the panel would be sufficient. ./_REDACTED__Myers_Lee_Panel_SoS_Decision.pdf- ./_REDACTED__Myers_Lee_Panel_SoS_Decision.pdf-The panel was of the view that, applying the standard of the ordinary intelligent citizen, it ./_REDACTED__Myers_Lee_Panel_SoS_Decision.pdf-would not be a proportionate and appropriate response to recommend no prohibition ./_REDACTED__Myers_Lee_Panel_SoS_Decision.pdf-order. Recommending that the publication of adverse findings would be sufficient would ./_REDACTED__Myers_Lee_Panel_SoS_Decision.pdf-unacceptably compromise the public interest considerations present in this case, despite ./_REDACTED__Myers_Lee_Panel_SoS_Decision.pdf-the severity of the consequences for Mr Myers of prohibition. ./_REDACTED__Myers_Lee_Panel_SoS_Decision.pdf- ./_REDACTED__Myers_Lee_Panel_SoS_Decision.pdf-The panel was of the view that prohibition was both proportionate and appropriate. The ./_REDACTED__Myers_Lee_Panel_SoS_Decision.pdf-panel decided that the public interest considerations outweighed the interests of Mr ./_REDACTED__Myers_Lee_Panel_SoS_Decision.pdf:Myers. The seriousness of Mr Myers’ actions in engaging in conduct that was of a sexual ./_REDACTED__Myers_Lee_Panel_SoS_Decision.pdf:nature and that was sexually motivated with a pupil and/or former pupil, indicated that it ./_REDACTED__Myers_Lee_Panel_SoS_Decision.pdf-was proportionate for the panel to make a recommendation to the Secretary of State that ./_REDACTED__Myers_Lee_Panel_SoS_Decision.pdf-a prohibition order should be imposed with immediate effect. ./_REDACTED__Myers_Lee_Panel_SoS_Decision.pdf- ./_REDACTED__Myers_Lee_Panel_SoS_Decision.pdf-The panel went on to consider whether or not it would be appropriate for it to decide to ./_REDACTED__Myers_Lee_Panel_SoS_Decision.pdf-recommend a review period of the order. The panel was mindful that the Advice states ./_REDACTED__Myers_Lee_Panel_SoS_Decision.pdf-that a prohibition order applies for life, but there may be circumstances, in any given ./_REDACTED__Myers_Lee_Panel_SoS_Decision.pdf-case, that may make it appropriate to allow a teacher to apply to have the prohibition ./_REDACTED__Myers_Lee_Panel_SoS_Decision.pdf-order reviewed after a specified period of time that may not be less than 2 years. ./_REDACTED__Myers_Lee_Panel_SoS_Decision.pdf- ./_REDACTED__Myers_Lee_Panel_SoS_Decision.pdf-The Advice indicates that there are cases involving certain conduct where it is likely that ./_REDACTED__Myers_Lee_Panel_SoS_Decision.pdf-the public interest will have greater relevance and weigh in favour of not offering a review ./_REDACTED__Myers_Lee_Panel_SoS_Decision.pdf:period. These cases include serious sexual misconduct, eg where the act was sexually ./_REDACTED__Myers_Lee_Panel_SoS_Decision.pdf-motivated and resulted in, or had the potential to result in, harm to a person or persons, ./_REDACTED__Myers_Lee_Panel_SoS_Decision.pdf-particularly where the individual has used his professional position to influence or exploit ./_REDACTED__Myers_Lee_Panel_SoS_Decision.pdf:a person or persons and also any sexual misconduct involving a child. The panel found ./_REDACTED__Myers_Lee_Panel_SoS_Decision.pdf-that Mr Myers was responsible for using his professional position to exploit Pupil A and to ./_REDACTED__Myers_Lee_Panel_SoS_Decision.pdf:engage in conduct with her that was of a sexual nature and which was sexually ./_REDACTED__Myers_Lee_Panel_SoS_Decision.pdf-motivated. ./_REDACTED__Myers_Lee_Panel_SoS_Decision.pdf- ./_REDACTED__Myers_Lee_Panel_SoS_Decision.pdf-Mr Myers failed to modify his actions following concerns having been raised on a ./_REDACTED__Myers_Lee_Panel_SoS_Decision.pdf-previous occasion. Nothing the panel has seen gives the panel confidence that he has ./_REDACTED__Myers_Lee_Panel_SoS_Decision.pdf-since developed adequate insight that would mitigate the risk of repetition. This was not ./_REDACTED__Myers_Lee_Panel_SoS_Decision.pdf-sufficient to reassure the panel, given the seriousness of the conduct found proven and ./_REDACTED__Myers_Lee_Panel_SoS_Decision.pdf-the public interest considerations present. ./_REDACTED__Myers_Lee_Panel_SoS_Decision.pdf- ./_REDACTED__Myers_Lee_Panel_SoS_Decision.pdf- ./_REDACTED__Myers_Lee_Panel_SoS_Decision.pdf- -- ./_REDACTED__Myers_Lee_Panel_SoS_Decision.pdf-The findings of misconduct are particularly serious as they include a finding of behaviour ./_REDACTED__Myers_Lee_Panel_SoS_Decision.pdf:that was, “conduct of a sexual nature and/or was sexually motivated.” ./_REDACTED__Myers_Lee_Panel_SoS_Decision.pdf- ./_REDACTED__Myers_Lee_Panel_SoS_Decision.pdf-I have to determine whether the imposition of a prohibition order is proportionate and in ./_REDACTED__Myers_Lee_Panel_SoS_Decision.pdf-the public interest. In considering that for this case, I have considered the overall aim of a ./_REDACTED__Myers_Lee_Panel_SoS_Decision.pdf-prohibition order which is to protect pupils and to maintain public confidence in the ./_REDACTED__Myers_Lee_Panel_SoS_Decision.pdf-profession. I have considered the extent to which a prohibition order in this case would ./_REDACTED__Myers_Lee_Panel_SoS_Decision.pdf-achieve that aim taking into account the impact that it will have on the individual teacher. ./_REDACTED__Myers_Lee_Panel_SoS_Decision.pdf-I have also asked myself, whether a less intrusive measure, such as the published ./_REDACTED__Myers_Lee_Panel_SoS_Decision.pdf-finding of unacceptable professional conduct and conduct that may bring the profession ./_REDACTED__Myers_Lee_Panel_SoS_Decision.pdf-into disrepute, would itself be sufficient to achieve the overall aim. I have to consider ./_REDACTED__Myers_Lee_Panel_SoS_Decision.pdf-whether the consequences of such a publication are themselves sufficient. I have -- ./_REDACTED__Myers_Lee_Panel_SoS_Decision.pdf:finding of sexual misconduct in this case and the impact that such a finding has on the ./_REDACTED__Myers_Lee_Panel_SoS_Decision.pdf-reputation of the profession. ./_REDACTED__Myers_Lee_Panel_SoS_Decision.pdf- ./_REDACTED__Myers_Lee_Panel_SoS_Decision.pdf-I have had to consider that the public has a high expectation of professional standards of ./_REDACTED__Myers_Lee_Panel_SoS_Decision.pdf-all teachers and that the public might regard a failure to impose a prohibition order as a ./_REDACTED__Myers_Lee_Panel_SoS_Decision.pdf-failure to uphold those high standards. In weighing these considerations, I have had to ./_REDACTED__Myers_Lee_Panel_SoS_Decision.pdf-consider the matter from the point of view of an “ordinary intelligent and well-informed ./_REDACTED__Myers_Lee_Panel_SoS_Decision.pdf-citizen.” ./_REDACTED__Myers_Lee_Panel_SoS_Decision.pdf- ./_REDACTED__Myers_Lee_Panel_SoS_Decision.pdf-I have considered whether the publication of a finding of unacceptable professional ./_REDACTED__Myers_Lee_Panel_SoS_Decision.pdf-conduct, in the absence of a prohibition order, can itself be regarded by such a person as -- ./_REDACTED__Myers_Lee_Panel_SoS_Decision.pdf-comment “There was no evidence that he had demonstrated exceptionally high ./_REDACTED__Myers_Lee_Panel_SoS_Decision.pdf-standards in his personal and professional conduct or that he had contributed ./_REDACTED__Myers_Lee_Panel_SoS_Decision.pdf-significantly to the education sector. Mr Myers adduced no statements attesting to his ./_REDACTED__Myers_Lee_Panel_SoS_Decision.pdf-character or his professional contribution for the purpose of these proceedings.” ./_REDACTED__Myers_Lee_Panel_SoS_Decision.pdf- ./_REDACTED__Myers_Lee_Panel_SoS_Decision.pdf-A prohibition order would prevent Mr Myers from teaching and would also clearly deprive ./_REDACTED__Myers_Lee_Panel_SoS_Decision.pdf-the public of his contribution to the profession for the period that it is in force. ./_REDACTED__Myers_Lee_Panel_SoS_Decision.pdf- ./_REDACTED__Myers_Lee_Panel_SoS_Decision.pdf-In this case, I have placed considerable weight on the panel’s comments, “The panel ./_REDACTED__Myers_Lee_Panel_SoS_Decision.pdf-found that Mr Myers was responsible for using his professional position to exploit Pupil A ./_REDACTED__Myers_Lee_Panel_SoS_Decision.pdf:and to engage in conduct with her that was of a sexual nature and which was sexually ./_REDACTED__Myers_Lee_Panel_SoS_Decision.pdf-motivated.” ./_REDACTED__Myers_Lee_Panel_SoS_Decision.pdf- ./_REDACTED__Myers_Lee_Panel_SoS_Decision.pdf-I have given less weight in my consideration of sanction therefore, to the contribution that ./_REDACTED__Myers_Lee_Panel_SoS_Decision.pdf-Mr Myers has made to the profession. In my view, it is necessary to impose a prohibition ./_REDACTED__Myers_Lee_Panel_SoS_Decision.pdf-order in order to maintain public confidence in the profession. A published decision, in ./_REDACTED__Myers_Lee_Panel_SoS_Decision.pdf-light of the circumstances in this case, that is not backed up by full insight, does not in my ./_REDACTED__Myers_Lee_Panel_SoS_Decision.pdf-view satisfy the public interest requirement concerning public confidence in the ./_REDACTED__Myers_Lee_Panel_SoS_Decision.pdf-profession. ./_REDACTED__Myers_Lee_Panel_SoS_Decision.pdf- ./_REDACTED__Myers_Lee_Panel_SoS_Decision.pdf-For these reasons, I have concluded that a prohibition order is proportionate and in the ./_REDACTED__Myers_Lee_Panel_SoS_Decision.pdf-public interest in order to achieve the intended aims of a prohibition order. ./_REDACTED__Myers_Lee_Panel_SoS_Decision.pdf- ./_REDACTED__Myers_Lee_Panel_SoS_Decision.pdf-I have gone on to consider the matter of a review period. In this case, the panel has ./_REDACTED__Myers_Lee_Panel_SoS_Decision.pdf-recommended that no provision should be made for a review period. ./_REDACTED__Myers_Lee_Panel_SoS_Decision.pdf- ./_REDACTED__Myers_Lee_Panel_SoS_Decision.pdf-I have considered the advice and the panel’s comments “The Advice indicates that there ./_REDACTED__Myers_Lee_Panel_SoS_Decision.pdf-are cases involving certain conduct where it is likely that the public interest will have ./_REDACTED__Myers_Lee_Panel_SoS_Decision.pdf-greater relevance and weigh in favour of not offering a review period. These cases ./_REDACTED__Myers_Lee_Panel_SoS_Decision.pdf:include serious sexual misconduct, eg where the act was sexually motivated and resulted ./_REDACTED__Myers_Lee_Panel_SoS_Decision.pdf-in, or had the potential to result in, harm to a person or persons, particularly where the ./_REDACTED__Myers_Lee_Panel_SoS_Decision.pdf- ./_REDACTED__Myers_Lee_Panel_SoS_Decision.pdf- 34 ./_REDACTED__Myers_Lee_Panel_SoS_Decision.pdf- -- ./_REDACTED__Myers_Lee_Panel_SoS_Decision.pdf-individual has used his professional position to influence or exploit a person or persons ./_REDACTED__Myers_Lee_Panel_SoS_Decision.pdf:and also any sexual misconduct involving a child. The panel found that Mr Myers was ./_REDACTED__Myers_Lee_Panel_SoS_Decision.pdf-responsible for using his professional position to exploit Pupil A and to engage in conduct ./_REDACTED__Myers_Lee_Panel_SoS_Decision.pdf:with her that was of a sexual nature and which was sexually motivated.” ./_REDACTED__Myers_Lee_Panel_SoS_Decision.pdf- ./_REDACTED__Myers_Lee_Panel_SoS_Decision.pdf-I have considered whether not allowing for a review period reflects the seriousness of the ./_REDACTED__Myers_Lee_Panel_SoS_Decision.pdf-findings and is proportionate to achieve the aim of maintaining public confidence in the ./_REDACTED__Myers_Lee_Panel_SoS_Decision.pdf-profession. In this case, the factors which mean that allowing for no review period are the ./_REDACTED__Myers_Lee_Panel_SoS_Decision.pdf:serious sexual misconduct, and the lack of insight. ./_REDACTED__Myers_Lee_Panel_SoS_Decision.pdf- ./_REDACTED__Myers_Lee_Panel_SoS_Decision.pdf-I consider therefore that allowing for no review period is necessary to maintain public ./_REDACTED__Myers_Lee_Panel_SoS_Decision.pdf-confidence and is proportionate and in the public interest. ./_REDACTED__Myers_Lee_Panel_SoS_Decision.pdf- ./_REDACTED__Myers_Lee_Panel_SoS_Decision.pdf-This means that Mr Lee Myers is prohibited from teaching indefinitely and cannot ./_REDACTED__Myers_Lee_Panel_SoS_Decision.pdf-teach in any school, sixth form college, relevant youth accommodation or ./_REDACTED__Myers_Lee_Panel_SoS_Decision.pdf-children’s home in England. Furthermore, in view of the seriousness of the allegations ./_REDACTED__Myers_Lee_Panel_SoS_Decision.pdf-found proved against him, I have decided that Mr Lee Myers shall not be entitled to apply ./_REDACTED__Myers_Lee_Panel_SoS_Decision.pdf-for restoration of his eligibility to teach. ./_REDACTED__Myers_Lee_Panel_SoS_Decision.pdf- ./_REDACTED__Parsons_Shannon_SoS_Decision.pdf-Allegations ./_REDACTED__Parsons_Shannon_SoS_Decision.pdf-The panel considered the allegations set out in the notice of meeting dated 11 October ./_REDACTED__Parsons_Shannon_SoS_Decision.pdf-2022. ./_REDACTED__Parsons_Shannon_SoS_Decision.pdf- ./_REDACTED__Parsons_Shannon_SoS_Decision.pdf-It was alleged that Ms Parsons was guilty of the following: ./_REDACTED__Parsons_Shannon_SoS_Decision.pdf- ./_REDACTED__Parsons_Shannon_SoS_Decision.pdf-On or around 5 January 2021, she was convicted of a relevant offence, namely: ./_REDACTED__Parsons_Shannon_SoS_Decision.pdf- ./_REDACTED__Parsons_Shannon_SoS_Decision.pdf:1. Causing/inciting sexual activity with a male 13-17, offender 18 or over, abuse of ./_REDACTED__Parsons_Shannon_SoS_Decision.pdf- position of trust, pursuant to s.17(1)(e)(i) Sexual Offences Act 2003 ./_REDACTED__Parsons_Shannon_SoS_Decision.pdf- ./_REDACTED__Parsons_Shannon_SoS_Decision.pdf-And ./_REDACTED__Parsons_Shannon_SoS_Decision.pdf- ./_REDACTED__Parsons_Shannon_SoS_Decision.pdf-She is guilty of unacceptable professional conduct and/or conduct that may bring the ./_REDACTED__Parsons_Shannon_SoS_Decision.pdf-profession into disrepute, in that, whilst employed at Northfleet Technology College ./_REDACTED__Parsons_Shannon_SoS_Decision.pdf-between September 2016 and October 2018: ./_REDACTED__Parsons_Shannon_SoS_Decision.pdf- ./_REDACTED__Parsons_Shannon_SoS_Decision.pdf-2. She failed to maintain appropriate professional boundaries with Pupil A, including by ./_REDACTED__Parsons_Shannon_SoS_Decision.pdf- -- ./_REDACTED__Parsons_Shannon_SoS_Decision.pdf-Ms Parsons engaged in 1:1 contact with Pupil A via text message between 2017 and ./_REDACTED__Parsons_Shannon_SoS_Decision.pdf-2018, whilst Pupil A was a pupil at the School. ./_REDACTED__Parsons_Shannon_SoS_Decision.pdf- ./_REDACTED__Parsons_Shannon_SoS_Decision.pdf-Ms Parsons was arrested on 19 September 2018 following allegations that she had ./_REDACTED__Parsons_Shannon_SoS_Decision.pdf-engaged in inappropriate relations with one or more students. Ms Parsons’ conviction as ./_REDACTED__Parsons_Shannon_SoS_Decision.pdf-outlined at allegation 1 relates to Pupil B. ./_REDACTED__Parsons_Shannon_SoS_Decision.pdf- ./_REDACTED__Parsons_Shannon_SoS_Decision.pdf-On 5 January 2021, Ms Parsons was convicted of the offence ‘Abuse of Position of trust ./_REDACTED__Parsons_Shannon_SoS_Decision.pdf:– inciting male child to engage in sexual activity’ for which she was later sentenced to 12 ./_REDACTED__Parsons_Shannon_SoS_Decision.pdf-months in prison, suspended for two years, at Maidstone Crown Court on 25 March ./_REDACTED__Parsons_Shannon_SoS_Decision.pdf-2021. ./_REDACTED__Parsons_Shannon_SoS_Decision.pdf- ./_REDACTED__Parsons_Shannon_SoS_Decision.pdf-Findings of fact ./_REDACTED__Parsons_Shannon_SoS_Decision.pdf- ./_REDACTED__Parsons_Shannon_SoS_Decision.pdf-The findings of fact are as follows: ./_REDACTED__Parsons_Shannon_SoS_Decision.pdf- ./_REDACTED__Parsons_Shannon_SoS_Decision.pdf-The panel found the following particulars of the allegations against you proved, for these ./_REDACTED__Parsons_Shannon_SoS_Decision.pdf-reasons: ./_REDACTED__Parsons_Shannon_SoS_Decision.pdf- ./_REDACTED__Parsons_Shannon_SoS_Decision.pdf-On or around 5 January 2021, you were convicted of a relevant offence, namely: ./_REDACTED__Parsons_Shannon_SoS_Decision.pdf- ./_REDACTED__Parsons_Shannon_SoS_Decision.pdf:1. Causing/inciting sexual activity with a male 13-17, offender 18 or over, abuse of ./_REDACTED__Parsons_Shannon_SoS_Decision.pdf- position of trust, pursuant to s.17(1)(e)(i) Sexual Offences Act 2003. ./_REDACTED__Parsons_Shannon_SoS_Decision.pdf- ./_REDACTED__Parsons_Shannon_SoS_Decision.pdf-The panel considered the statement of agreed facts signed by Ms Parsons on 4 August ./_REDACTED__Parsons_Shannon_SoS_Decision.pdf-2022. In that statement of agreed facts, Ms Parsons admitted the particulars of ./_REDACTED__Parsons_Shannon_SoS_Decision.pdf-allegation. Further, it was admitted the facts of the allegations amounted to a conviction ./_REDACTED__Parsons_Shannon_SoS_Decision.pdf-of a relevant offence. ./_REDACTED__Parsons_Shannon_SoS_Decision.pdf- ./_REDACTED__Parsons_Shannon_SoS_Decision.pdf-The panel noted page 8 of the Teacher misconduct: The prohibition of teachers (‘the ./_REDACTED__Parsons_Shannon_SoS_Decision.pdf-Advice’) which states that where there has been a conviction at any time, of a criminal ./_REDACTED__Parsons_Shannon_SoS_Decision.pdf-offence, the panel will accept the certificate of conviction as conclusive proof of both the ./_REDACTED__Parsons_Shannon_SoS_Decision.pdf-conviction and the facts necessarily implied by the conviction, unless exceptional ./_REDACTED__Parsons_Shannon_SoS_Decision.pdf-circumstances apply. The panel did not find that any exceptional circumstances applied ./_REDACTED__Parsons_Shannon_SoS_Decision.pdf-in this case. ./_REDACTED__Parsons_Shannon_SoS_Decision.pdf- ./_REDACTED__Parsons_Shannon_SoS_Decision.pdf-The panel had been provided with a copy of the certificate of conviction from Maidstone ./_REDACTED__Parsons_Shannon_SoS_Decision.pdf-Crown Court, which detailed that Ms Parsons had been convicted at Central Kent ./_REDACTED__Parsons_Shannon_SoS_Decision.pdf-Magistrates Court on 5 January 2021 of one count of abuse of position of trust – inciting ./_REDACTED__Parsons_Shannon_SoS_Decision.pdf:a male child to engage in sexual activity. ./_REDACTED__Parsons_Shannon_SoS_Decision.pdf- ./_REDACTED__Parsons_Shannon_SoS_Decision.pdf-In respect of the allegation, Ms Parsons was sentenced at Maidstone Crown Court on 25 ./_REDACTED__Parsons_Shannon_SoS_Decision.pdf-March 2021 to 12 months’ imprisonment, suspended for 2 years. In addition, she was ./_REDACTED__Parsons_Shannon_SoS_Decision.pdf:made subject to a barring order, sexual harm prevention order for 5 years, and ordered to ./_REDACTED__Parsons_Shannon_SoS_Decision.pdf-pay a statutory surcharge. ./_REDACTED__Parsons_Shannon_SoS_Decision.pdf- ./_REDACTED__Parsons_Shannon_SoS_Decision.pdf- ./_REDACTED__Parsons_Shannon_SoS_Decision.pdf- 6 ./_REDACTED__Parsons_Shannon_SoS_Decision.pdf- -- ./_REDACTED__Parsons_Shannon_SoS_Decision.pdf-Relevant offence ./_REDACTED__Parsons_Shannon_SoS_Decision.pdf- ./_REDACTED__Parsons_Shannon_SoS_Decision.pdf-The panel considered whether the proven facts of allegation 1 amounted to conviction of ./_REDACTED__Parsons_Shannon_SoS_Decision.pdf-a relevant offence. ./_REDACTED__Parsons_Shannon_SoS_Decision.pdf- ./_REDACTED__Parsons_Shannon_SoS_Decision.pdf-The panel found that Ms Parsons’ conduct involved breaches of the Teacher’s ./_REDACTED__Parsons_Shannon_SoS_Decision.pdf-Standards, as set out above. ./_REDACTED__Parsons_Shannon_SoS_Decision.pdf- ./_REDACTED__Parsons_Shannon_SoS_Decision.pdf-The panel noted that Ms Parsons’ conduct took place outside of the education setting, in ./_REDACTED__Parsons_Shannon_SoS_Decision.pdf-that she was communicating with Pupil B via Snapchat, and then attended Pupil B’s ./_REDACTED__Parsons_Shannon_SoS_Decision.pdf:home, where they engaged in sexual activity. The panel considered that Ms Parsons’ ./_REDACTED__Parsons_Shannon_SoS_Decision.pdf-actions were relevant to teaching, working with children and/or working in an education ./_REDACTED__Parsons_Shannon_SoS_Decision.pdf-setting as Pupil B was a current pupil at the School. ./_REDACTED__Parsons_Shannon_SoS_Decision.pdf- ./_REDACTED__Parsons_Shannon_SoS_Decision.pdf-The panel noted that the behaviour involved in committing the offence could have had an ./_REDACTED__Parsons_Shannon_SoS_Decision.pdf-impact on the safety or security of pupils and/or members of the public. ./_REDACTED__Parsons_Shannon_SoS_Decision.pdf- ./_REDACTED__Parsons_Shannon_SoS_Decision.pdf- 8 ./_REDACTED__Parsons_Shannon_SoS_Decision.pdf- -- ./_REDACTED__Parsons_Shannon_SoS_Decision.pdf-The panel also took account of the way the teaching profession is viewed by others. The ./_REDACTED__Parsons_Shannon_SoS_Decision.pdf-panel considered that Ms Parsons’ behaviour in committing the offence could affect ./_REDACTED__Parsons_Shannon_SoS_Decision.pdf-public confidence in the teaching profession, given the influence that teachers may have ./_REDACTED__Parsons_Shannon_SoS_Decision.pdf-on pupils, parents and others in the community. ./_REDACTED__Parsons_Shannon_SoS_Decision.pdf- ./_REDACTED__Parsons_Shannon_SoS_Decision.pdf-The panel noted that Ms Parsons’ behaviour ultimately led to a sentence of ./_REDACTED__Parsons_Shannon_SoS_Decision.pdf-imprisonment, albeit that it was suspended, which was indicative of the seriousness of ./_REDACTED__Parsons_Shannon_SoS_Decision.pdf-the offences committed. ./_REDACTED__Parsons_Shannon_SoS_Decision.pdf- ./_REDACTED__Parsons_Shannon_SoS_Decision.pdf:This was a case involving an offence of sexual activity, which the Advice states is more ./_REDACTED__Parsons_Shannon_SoS_Decision.pdf-likely to be considered a relevant offence. ./_REDACTED__Parsons_Shannon_SoS_Decision.pdf- ./_REDACTED__Parsons_Shannon_SoS_Decision.pdf-The panel found that the seriousness of the offending behaviour that led to the conviction ./_REDACTED__Parsons_Shannon_SoS_Decision.pdf-was relevant to Ms Parsons’ ongoing suitability to teach. The panel considered that a ./_REDACTED__Parsons_Shannon_SoS_Decision.pdf-finding that this conviction was for a relevant offence was necessary to reaffirm clear ./_REDACTED__Parsons_Shannon_SoS_Decision.pdf-standards of conduct so as to maintain public confidence in the teaching profession. ./_REDACTED__Parsons_Shannon_SoS_Decision.pdf- ./_REDACTED__Parsons_Shannon_SoS_Decision.pdf-Unacceptable professional conduct and conduct that may bring the profession into ./_REDACTED__Parsons_Shannon_SoS_Decision.pdf-disrepute ./_REDACTED__Parsons_Shannon_SoS_Decision.pdf- -- ./_REDACTED__Parsons_Shannon_SoS_Decision.pdf-disrepute. ./_REDACTED__Parsons_Shannon_SoS_Decision.pdf- ./_REDACTED__Parsons_Shannon_SoS_Decision.pdf-The panel found that Ms Parsons’ conduct involved breaches of the Teacher’s ./_REDACTED__Parsons_Shannon_SoS_Decision.pdf-Standards, as set out above. ./_REDACTED__Parsons_Shannon_SoS_Decision.pdf- ./_REDACTED__Parsons_Shannon_SoS_Decision.pdf-The panel was satisfied that the conduct of Ms Parsons fell significantly short of the ./_REDACTED__Parsons_Shannon_SoS_Decision.pdf-standards expected of the profession. ./_REDACTED__Parsons_Shannon_SoS_Decision.pdf- ./_REDACTED__Parsons_Shannon_SoS_Decision.pdf-The panel also considered whether Ms Parson’s conduct displayed behaviours ./_REDACTED__Parsons_Shannon_SoS_Decision.pdf-associated with any of the offences listed on pages 12 and 13 of the Advice. The panel ./_REDACTED__Parsons_Shannon_SoS_Decision.pdf:found that the offence of sexual activity was relevant. The Advice indicates that where ./_REDACTED__Parsons_Shannon_SoS_Decision.pdf-behaviours associated with such an offence exist, a panel is more likely to conclude that ./_REDACTED__Parsons_Shannon_SoS_Decision.pdf-an individual’s conduct would amount to unacceptable professional conduct and conduct ./_REDACTED__Parsons_Shannon_SoS_Decision.pdf-that may bring the profession into disrepute. ./_REDACTED__Parsons_Shannon_SoS_Decision.pdf- ./_REDACTED__Parsons_Shannon_SoS_Decision.pdf-The panel noted that the allegations took place outside the education setting, in that Ms ./_REDACTED__Parsons_Shannon_SoS_Decision.pdf-Parsons was communicating with Pupil A via text message. The panel considered that ./_REDACTED__Parsons_Shannon_SoS_Decision.pdf-Ms Parsons behaviour touched upon her profession as a teacher, as Pupil A was still a ./_REDACTED__Parsons_Shannon_SoS_Decision.pdf-pupil at the School. ./_REDACTED__Parsons_Shannon_SoS_Decision.pdf- ./_REDACTED__Parsons_Shannon_SoS_Decision.pdf-Accordingly, the panel was satisfied that Ms Parsons was guilty of unacceptable -- ./_REDACTED__Parsons_Shannon_SoS_Decision.pdf-apportioned, although they are likely to have punitive effect. ./_REDACTED__Parsons_Shannon_SoS_Decision.pdf- ./_REDACTED__Parsons_Shannon_SoS_Decision.pdf-The panel had regard to the particular public interest considerations set out in the Advice ./_REDACTED__Parsons_Shannon_SoS_Decision.pdf-and, having done so, found a number of them to be relevant in this case, namely: the ./_REDACTED__Parsons_Shannon_SoS_Decision.pdf-safeguarding and wellbeing of pupils and the protection of other members of the public; ./_REDACTED__Parsons_Shannon_SoS_Decision.pdf-the maintenance of public confidence in the profession; declaring and upholding proper ./_REDACTED__Parsons_Shannon_SoS_Decision.pdf-standards of conduct; and that prohibition strikes the right balance between the rights of ./_REDACTED__Parsons_Shannon_SoS_Decision.pdf-the teacher and the public interest, if they are in conflict. ./_REDACTED__Parsons_Shannon_SoS_Decision.pdf- ./_REDACTED__Parsons_Shannon_SoS_Decision.pdf-In the light of the panel’s findings against Ms Parsons, which involved a conviction of ./_REDACTED__Parsons_Shannon_SoS_Decision.pdf:“Abuse of Position of trust – inciting male child to engage in sexual activity” in relation to ./_REDACTED__Parsons_Shannon_SoS_Decision.pdf-her conduct towards Pupil B, as well as failing to maintain appropriate professional ./_REDACTED__Parsons_Shannon_SoS_Decision.pdf-boundaries with Pupil A, there was a strong public interest consideration in respect of the ./_REDACTED__Parsons_Shannon_SoS_Decision.pdf-protection of pupils given the serious findings of inappropriate relationships with children. ./_REDACTED__Parsons_Shannon_SoS_Decision.pdf- ./_REDACTED__Parsons_Shannon_SoS_Decision.pdf- ./_REDACTED__Parsons_Shannon_SoS_Decision.pdf- ./_REDACTED__Parsons_Shannon_SoS_Decision.pdf- 10 ./_REDACTED__Parsons_Shannon_SoS_Decision.pdf- -- ./_REDACTED__Parsons_Shannon_SoS_Decision.pdf- • the commission of a serious criminal offence, including those that resulted in a ./_REDACTED__Parsons_Shannon_SoS_Decision.pdf- conviction or caution, paying particular attention to offences that are ‘relevant ./_REDACTED__Parsons_Shannon_SoS_Decision.pdf- matters’ for the purposes of The Police Act 1997 and criminal record disclosures. ./_REDACTED__Parsons_Shannon_SoS_Decision.pdf- ./_REDACTED__Parsons_Shannon_SoS_Decision.pdf- • misconduct seriously affecting the education and/or well-being of pupils, and ./_REDACTED__Parsons_Shannon_SoS_Decision.pdf- particularly where there is a continuing risk; ./_REDACTED__Parsons_Shannon_SoS_Decision.pdf- ./_REDACTED__Parsons_Shannon_SoS_Decision.pdf- • abuse of position or trust (particularly involving pupils); ./_REDACTED__Parsons_Shannon_SoS_Decision.pdf- ./_REDACTED__Parsons_Shannon_SoS_Decision.pdf- • any abuse of any trust, knowledge or influence grained through their professional ./_REDACTED__Parsons_Shannon_SoS_Decision.pdf: position in order to advance a romantic or sexual relationship with a pupil or former ./_REDACTED__Parsons_Shannon_SoS_Decision.pdf- pupil; ./_REDACTED__Parsons_Shannon_SoS_Decision.pdf- ./_REDACTED__Parsons_Shannon_SoS_Decision.pdf: • sexual misconduct, for example, involving actions that were sexually motivated or ./_REDACTED__Parsons_Shannon_SoS_Decision.pdf: of a sexual nature and/or that use or exploit the trust, knowledge or influence ./_REDACTED__Parsons_Shannon_SoS_Decision.pdf- derived from the individual’s professional position; and ./_REDACTED__Parsons_Shannon_SoS_Decision.pdf- ./_REDACTED__Parsons_Shannon_SoS_Decision.pdf- • violating of the rights of pupils. ./_REDACTED__Parsons_Shannon_SoS_Decision.pdf- ./_REDACTED__Parsons_Shannon_SoS_Decision.pdf-Even though some of the behaviour found proved in this case indicated that a prohibition ./_REDACTED__Parsons_Shannon_SoS_Decision.pdf-order would be appropriate, the panel went on to consider the mitigating factors. ./_REDACTED__Parsons_Shannon_SoS_Decision.pdf- ./_REDACTED__Parsons_Shannon_SoS_Decision.pdf-Mitigating factors may indicate that a prohibition order would not be appropriate or ./_REDACTED__Parsons_Shannon_SoS_Decision.pdf-proportionate. ./_REDACTED__Parsons_Shannon_SoS_Decision.pdf- -- ./_REDACTED__Parsons_Shannon_SoS_Decision.pdf-imposed with immediate effect. ./_REDACTED__Parsons_Shannon_SoS_Decision.pdf- ./_REDACTED__Parsons_Shannon_SoS_Decision.pdf-The panel went on to consider whether or not it would be appropriate to recommend that ./_REDACTED__Parsons_Shannon_SoS_Decision.pdf-a review period of the order should be considered. The panel was mindful that the Advice ./_REDACTED__Parsons_Shannon_SoS_Decision.pdf-states that a prohibition order applies for life, but there may be circumstances, in any ./_REDACTED__Parsons_Shannon_SoS_Decision.pdf-given case, that may make it appropriate to allow a teacher to apply to have the ./_REDACTED__Parsons_Shannon_SoS_Decision.pdf-prohibition order reviewed after a specified period of time that may not be less than 2 ./_REDACTED__Parsons_Shannon_SoS_Decision.pdf-years. ./_REDACTED__Parsons_Shannon_SoS_Decision.pdf- ./_REDACTED__Parsons_Shannon_SoS_Decision.pdf-The Advice indicates that there are behaviours that, if proved, would militate against the ./_REDACTED__Parsons_Shannon_SoS_Decision.pdf:recommendation of a review period. These behaviours include serious sexual ./_REDACTED__Parsons_Shannon_SoS_Decision.pdf:misconduct, such as where the act was sexually motivated and resulted in, or had the ./_REDACTED__Parsons_Shannon_SoS_Decision.pdf-potential to result in, harm to a person or persons, particularly where the individual has ./_REDACTED__Parsons_Shannon_SoS_Decision.pdf:used her professional position to influence or exploit a person or persons; and any sexual ./_REDACTED__Parsons_Shannon_SoS_Decision.pdf-misconduct involving a child. The panel found that Ms Parsons’ was responsible for a ./_REDACTED__Parsons_Shannon_SoS_Decision.pdf:conviction of Abuse of Position of trust – inciting a male child to engage in sexual activity. ./_REDACTED__Parsons_Shannon_SoS_Decision.pdf- ./_REDACTED__Parsons_Shannon_SoS_Decision.pdf- 13 ./_REDACTED__Parsons_Shannon_SoS_Decision.pdf- -- ./_REDACTED__Parsons_Shannon_SoS_Decision.pdf-finding of unacceptable professional conduct and conduct that may bring the profession ./_REDACTED__Parsons_Shannon_SoS_Decision.pdf-into disrepute, would itself be sufficient to achieve the overall aim. I have to consider ./_REDACTED__Parsons_Shannon_SoS_Decision.pdf-whether the consequences of such a publication are themselves sufficient. I have ./_REDACTED__Parsons_Shannon_SoS_Decision.pdf-considered therefore whether or not prohibiting Ms Parsons, and the impact that will have ./_REDACTED__Parsons_Shannon_SoS_Decision.pdf-on the teacher, is proportionate and in the public interest. ./_REDACTED__Parsons_Shannon_SoS_Decision.pdf- ./_REDACTED__Parsons_Shannon_SoS_Decision.pdf-In this case, I have considered the extent to which a prohibition order would protect ./_REDACTED__Parsons_Shannon_SoS_Decision.pdf-children and safeguard pupils. The panel has observed, “The panel noted that Ms ./_REDACTED__Parsons_Shannon_SoS_Decision.pdf-Parsons’ conduct took place outside of the education setting, in that she was ./_REDACTED__Parsons_Shannon_SoS_Decision.pdf-communicating with Pupil B via Snapchat, and then attended Pupil B’s home, where they ./_REDACTED__Parsons_Shannon_SoS_Decision.pdf:engaged in sexual activity. The panel considered that Ms Parsons’ actions were relevant ./_REDACTED__Parsons_Shannon_SoS_Decision.pdf-to teaching, working with children and/or working in an education setting as Pupil B was a ./_REDACTED__Parsons_Shannon_SoS_Decision.pdf-current pupil at the School.” A prohibition order would therefore prevent such a risk from ./_REDACTED__Parsons_Shannon_SoS_Decision.pdf-being present in the future. ./_REDACTED__Parsons_Shannon_SoS_Decision.pdf- ./_REDACTED__Parsons_Shannon_SoS_Decision.pdf-I have also taken into account the panel’s comments on insight and remorse, which the ./_REDACTED__Parsons_Shannon_SoS_Decision.pdf-panel sets out as follows, “However, whilst the panel considered that there was an ./_REDACTED__Parsons_Shannon_SoS_Decision.pdf-element of insight, the panel was not satisfied that Ms Parsons had shown true insight of ./_REDACTED__Parsons_Shannon_SoS_Decision.pdf-the impact that this had on the pupils involved and instead had focussed mainly on the ./_REDACTED__Parsons_Shannon_SoS_Decision.pdf-impact that this had on her own life. Further, the panel found that Ms Parsons had not ./_REDACTED__Parsons_Shannon_SoS_Decision.pdf-fully comprehended the inappropriateness of her actions as evidenced by her comment -- ./_REDACTED__Parsons_Shannon_SoS_Decision.pdf-panel comment “No evidence was submitted to attest to Ms Parsons’ history or ability as ./_REDACTED__Parsons_Shannon_SoS_Decision.pdf-a teacher. Nor was any evidence submitted which demonstrates exceptionally high ./_REDACTED__Parsons_Shannon_SoS_Decision.pdf-standards in personal and professional conduct or that Ms Parsons contributed ./_REDACTED__Parsons_Shannon_SoS_Decision.pdf-significantly to the education sector.” ./_REDACTED__Parsons_Shannon_SoS_Decision.pdf- ./_REDACTED__Parsons_Shannon_SoS_Decision.pdf-A prohibition order would prevent Ms Parsons from teaching and would also clearly ./_REDACTED__Parsons_Shannon_SoS_Decision.pdf-deprive the public of her contribution to the profession for the period that it is in force. ./_REDACTED__Parsons_Shannon_SoS_Decision.pdf- ./_REDACTED__Parsons_Shannon_SoS_Decision.pdf-In this case, I have placed considerable weight on the panel’s comments, “The panel ./_REDACTED__Parsons_Shannon_SoS_Decision.pdf-found that Ms Parsons’ was responsible for a conviction of Abuse of Position of trust – ./_REDACTED__Parsons_Shannon_SoS_Decision.pdf:inciting a male child to engage in sexual activity.” ./_REDACTED__Parsons_Shannon_SoS_Decision.pdf- ./_REDACTED__Parsons_Shannon_SoS_Decision.pdf- ./_REDACTED__Parsons_Shannon_SoS_Decision.pdf- ./_REDACTED__Parsons_Shannon_SoS_Decision.pdf-I have given less weight in my consideration of sanction therefore, to the contribution that ./_REDACTED__Parsons_Shannon_SoS_Decision.pdf-Ms parsons has made to the profession. In my view, it is necessary to impose a ./_REDACTED__Parsons_Shannon_SoS_Decision.pdf-prohibition order in order to maintain public confidence in the profession. A published ./_REDACTED__Parsons_Shannon_SoS_Decision.pdf-decision, in light of the circumstances in this case, that is not backed up by full insight, ./_REDACTED__Parsons_Shannon_SoS_Decision.pdf-does not in my view satisfy the public interest requirement concerning public confidence ./_REDACTED__Parsons_Shannon_SoS_Decision.pdf-in the profession. ./_REDACTED__Parsons_Shannon_SoS_Decision.pdf- ./_REDACTED__Sillitoe_Christopher_SoS_decision.pdf-Teacher: Mr Christopher Sillitoe ./_REDACTED__Sillitoe_Christopher_SoS_decision.pdf- ./_REDACTED__Sillitoe_Christopher_SoS_decision.pdf-Teacher ref number: 7510190 ./_REDACTED__Sillitoe_Christopher_SoS_decision.pdf- ./_REDACTED__Sillitoe_Christopher_SoS_decision.pdf-Teacher date of birth: 16 October 1948 ./_REDACTED__Sillitoe_Christopher_SoS_decision.pdf- ./_REDACTED__Sillitoe_Christopher_SoS_decision.pdf-TRA reference: 19392 ./_REDACTED__Sillitoe_Christopher_SoS_decision.pdf- ./_REDACTED__Sillitoe_Christopher_SoS_decision.pdf-Date of determination: 19 December 2022 ./_REDACTED__Sillitoe_Christopher_SoS_decision.pdf- ./_REDACTED__Sillitoe_Christopher_SoS_decision.pdf:Former employer: Essex Local Authority ./_REDACTED__Sillitoe_Christopher_SoS_decision.pdf- ./_REDACTED__Sillitoe_Christopher_SoS_decision.pdf- ./_REDACTED__Sillitoe_Christopher_SoS_decision.pdf- ./_REDACTED__Sillitoe_Christopher_SoS_decision.pdf- ./_REDACTED__Sillitoe_Christopher_SoS_decision.pdf-Introduction ./_REDACTED__Sillitoe_Christopher_SoS_decision.pdf-A professional conduct panel (‘the panel’) of the Teaching Regulation Agency (‘the TRA’) ./_REDACTED__Sillitoe_Christopher_SoS_decision.pdf-convened on 19 December 2022 by way of a virtual meeting, to consider the case of Mr ./_REDACTED__Sillitoe_Christopher_SoS_decision.pdf-Christopher Sillitoe. ./_REDACTED__Sillitoe_Christopher_SoS_decision.pdf- ./_REDACTED__Sillitoe_Christopher_SoS_decision.pdf-The panel members were Mrs Jane Gotschel (teacher panellist – in the chair), Mr Clive -- ./_REDACTED__Sillitoe_Christopher_SoS_decision.pdf-The panel carefully considered the case and reached the following decision and reasons: ./_REDACTED__Sillitoe_Christopher_SoS_decision.pdf- ./_REDACTED__Sillitoe_Christopher_SoS_decision.pdf-In advance of the meeting, the TRA agreed to a request from Mr Sillitoe for the allegation ./_REDACTED__Sillitoe_Christopher_SoS_decision.pdf-to be considered without a hearing. The panel had the ability to direct that the case be ./_REDACTED__Sillitoe_Christopher_SoS_decision.pdf-considered at a hearing if required in the interests of justice or in the public interest. The ./_REDACTED__Sillitoe_Christopher_SoS_decision.pdf-panel did not determine that such a direction was necessary or appropriate in this case. ./_REDACTED__Sillitoe_Christopher_SoS_decision.pdf- ./_REDACTED__Sillitoe_Christopher_SoS_decision.pdf:Mr Sillitoe was employed by Essex Local Authority and worked as a chemistry teacher ./_REDACTED__Sillitoe_Christopher_SoS_decision.pdf-from 1 September 1974 to 30 September 1987. ./_REDACTED__Sillitoe_Christopher_SoS_decision.pdf- ./_REDACTED__Sillitoe_Christopher_SoS_decision.pdf:On 6 May 2019, Essex police received a report of historic sexual abuse allegedly ./_REDACTED__Sillitoe_Christopher_SoS_decision.pdf-conducted by Mr Sillitoe. ./_REDACTED__Sillitoe_Christopher_SoS_decision.pdf- ./_REDACTED__Sillitoe_Christopher_SoS_decision.pdf:On 22 October 2019, Mr Sillitoe was arrested and interviewed by Essex police in relation ./_REDACTED__Sillitoe_Christopher_SoS_decision.pdf:to historic sexual allegations. ./_REDACTED__Sillitoe_Christopher_SoS_decision.pdf- ./_REDACTED__Sillitoe_Christopher_SoS_decision.pdf-[REDACTED] ./_REDACTED__Sillitoe_Christopher_SoS_decision.pdf- ./_REDACTED__Sillitoe_Christopher_SoS_decision.pdf-On 23 September 2021, Mr Sillitoe was convicted at Basildon Crown Court of 8 counts ./_REDACTED__Sillitoe_Christopher_SoS_decision.pdf-of indecent assault against a female and sentenced to a custodial sentence of 50 ./_REDACTED__Sillitoe_Christopher_SoS_decision.pdf:months. Mr Sillitoe was also placed on the sex offenders register indefinitely. ./_REDACTED__Sillitoe_Christopher_SoS_decision.pdf- ./_REDACTED__Sillitoe_Christopher_SoS_decision.pdf-Findings of fact ./_REDACTED__Sillitoe_Christopher_SoS_decision.pdf- ./_REDACTED__Sillitoe_Christopher_SoS_decision.pdf-The findings of fact are as follows: ./_REDACTED__Sillitoe_Christopher_SoS_decision.pdf- ./_REDACTED__Sillitoe_Christopher_SoS_decision.pdf-The panel found the following particulars of the allegation against you proved, for these ./_REDACTED__Sillitoe_Christopher_SoS_decision.pdf-reasons: ./_REDACTED__Sillitoe_Christopher_SoS_decision.pdf- ./_REDACTED__Sillitoe_Christopher_SoS_decision.pdf-1. On or around 23 September 2021, you were convicted of eight counts of ./_REDACTED__Sillitoe_Christopher_SoS_decision.pdf- indecent assault on a woman, contrary to the Sexual Offences Act 1956 s.14. -- ./_REDACTED__Sillitoe_Christopher_SoS_decision.pdf-undoubtedly affect public confidence in the teaching profession, particularly given the ./_REDACTED__Sillitoe_Christopher_SoS_decision.pdf-influence that teachers may have on pupils, parents and others in the community. His ./_REDACTED__Sillitoe_Christopher_SoS_decision.pdf-conduct ran counter to what should have been at the very core of his practice as a ./_REDACTED__Sillitoe_Christopher_SoS_decision.pdf-teacher with a duty of care towards children. By virtue of his position, Mr Sillitoe was in a ./_REDACTED__Sillitoe_Christopher_SoS_decision.pdf-position of trust and responsibility in relation to Person A. Mr Sillitoe seriously abused ./_REDACTED__Sillitoe_Christopher_SoS_decision.pdf-that position. ./_REDACTED__Sillitoe_Christopher_SoS_decision.pdf- ./_REDACTED__Sillitoe_Christopher_SoS_decision.pdf-The panel noted that Mr Sillitoe’s behaviour ultimately led to a sentence of imprisonment, ./_REDACTED__Sillitoe_Christopher_SoS_decision.pdf-which was indicative of the seriousness of the offences committed. ./_REDACTED__Sillitoe_Christopher_SoS_decision.pdf- ./_REDACTED__Sillitoe_Christopher_SoS_decision.pdf:This was a case involving offences of sexual activity, which the Advice states is more ./_REDACTED__Sillitoe_Christopher_SoS_decision.pdf-likely to be considered a relevant offence. ./_REDACTED__Sillitoe_Christopher_SoS_decision.pdf- ./_REDACTED__Sillitoe_Christopher_SoS_decision.pdf-The panel also found that the seriousness of the offending behaviour that led to the ./_REDACTED__Sillitoe_Christopher_SoS_decision.pdf-conviction was relevant to Mr Sillitoe’s suitability to teach. The panel considered that a ./_REDACTED__Sillitoe_Christopher_SoS_decision.pdf-finding that this conviction was for a relevant offence was necessary to reaffirm clear ./_REDACTED__Sillitoe_Christopher_SoS_decision.pdf-standards of conduct so as to maintain public confidence in the teaching profession. ./_REDACTED__Sillitoe_Christopher_SoS_decision.pdf- ./_REDACTED__Sillitoe_Christopher_SoS_decision.pdf- ./_REDACTED__Sillitoe_Christopher_SoS_decision.pdf-Panel’s recommendation to the Secretary of State ./_REDACTED__Sillitoe_Christopher_SoS_decision.pdf-Given the panel’s findings in respect of a conviction of a relevant offence, it was -- ./_REDACTED__Sillitoe_Christopher_SoS_decision.pdf- • the commission of serious criminal offences, including those that resulted in a ./_REDACTED__Sillitoe_Christopher_SoS_decision.pdf- conviction or caution, paying particular attention to offences that are ‘relevant ./_REDACTED__Sillitoe_Christopher_SoS_decision.pdf- matters’ for the purposes of The Police Act 1997 and criminal record disclosures; ./_REDACTED__Sillitoe_Christopher_SoS_decision.pdf- ./_REDACTED__Sillitoe_Christopher_SoS_decision.pdf- • misconduct seriously affecting the education and/or well-being of pupils, and ./_REDACTED__Sillitoe_Christopher_SoS_decision.pdf- particularly where there is a continuing risk; ./_REDACTED__Sillitoe_Christopher_SoS_decision.pdf- ./_REDACTED__Sillitoe_Christopher_SoS_decision.pdf- • abuse of position or trust (particularly involving pupils); ./_REDACTED__Sillitoe_Christopher_SoS_decision.pdf- ./_REDACTED__Sillitoe_Christopher_SoS_decision.pdf- • any abuse of any trust, knowledge or influence grained through their professional ./_REDACTED__Sillitoe_Christopher_SoS_decision.pdf: position in order to advance a romantic or sexual relationship with a pupil or former ./_REDACTED__Sillitoe_Christopher_SoS_decision.pdf- pupil; ./_REDACTED__Sillitoe_Christopher_SoS_decision.pdf- ./_REDACTED__Sillitoe_Christopher_SoS_decision.pdf- ./_REDACTED__Sillitoe_Christopher_SoS_decision.pdf- 8 ./_REDACTED__Sillitoe_Christopher_SoS_decision.pdf- -- ./_REDACTED__Sillitoe_Christopher_SoS_decision.pdf: • sexual misconduct, for example, involving actions that were sexually motivated or ./_REDACTED__Sillitoe_Christopher_SoS_decision.pdf: of a sexual nature and/or that use or exploit the trust, knowledge or influence ./_REDACTED__Sillitoe_Christopher_SoS_decision.pdf- derived from the individual’s professional position; ./_REDACTED__Sillitoe_Christopher_SoS_decision.pdf- ./_REDACTED__Sillitoe_Christopher_SoS_decision.pdf- • failure in their duty of care towards a child, including exposing a child to risk or ./_REDACTED__Sillitoe_Christopher_SoS_decision.pdf- failing to promote the safety and welfare of the children; ./_REDACTED__Sillitoe_Christopher_SoS_decision.pdf- ./_REDACTED__Sillitoe_Christopher_SoS_decision.pdf- • violating of the rights of pupils; ./_REDACTED__Sillitoe_Christopher_SoS_decision.pdf- ./_REDACTED__Sillitoe_Christopher_SoS_decision.pdf- • deliberate behaviour that undermines pupils, the profession, the school or ./_REDACTED__Sillitoe_Christopher_SoS_decision.pdf- colleagues; ./_REDACTED__Sillitoe_Christopher_SoS_decision.pdf- -- ./_REDACTED__Sillitoe_Christopher_SoS_decision.pdf-in fact, the panel found Mr Sillitoe’s actions to be calculated and motivated. ./_REDACTED__Sillitoe_Christopher_SoS_decision.pdf- ./_REDACTED__Sillitoe_Christopher_SoS_decision.pdf-The panel considered that the following mitigating factors are present in this case: ./_REDACTED__Sillitoe_Christopher_SoS_decision.pdf- ./_REDACTED__Sillitoe_Christopher_SoS_decision.pdf- • Mr Sillitoe had engaged with the TRA, and made full admissions. ./_REDACTED__Sillitoe_Christopher_SoS_decision.pdf- ./_REDACTED__Sillitoe_Christopher_SoS_decision.pdf-Weighed against this, the aggravating features in this case were that: ./_REDACTED__Sillitoe_Christopher_SoS_decision.pdf- ./_REDACTED__Sillitoe_Christopher_SoS_decision.pdf- • Mr Sillitoe’s actions were deliberate and involved a number of offences on ./_REDACTED__Sillitoe_Christopher_SoS_decision.pdf- separate occasions. Mr Silllitoe’s conduct took place over several years, ./_REDACTED__Sillitoe_Christopher_SoS_decision.pdf: ending with full sexual intercourse when Person A [REDACTED]. The ./_REDACTED__Sillitoe_Christopher_SoS_decision.pdf: criminal offending continued up until her [REDACTED] and the sexual ./_REDACTED__Sillitoe_Christopher_SoS_decision.pdf- activity continued into her thirties. ./_REDACTED__Sillitoe_Christopher_SoS_decision.pdf- • Mr Sillitoe was aware that what he was doing was wrong. The panel noted ./_REDACTED__Sillitoe_Christopher_SoS_decision.pdf- the judges’ comments contained in the sentencing remarks that Mr Sillitoe’s ./_REDACTED__Sillitoe_Christopher_SoS_decision.pdf- conduct “demonstrates, plainly, that you knew that what you were doing was ./_REDACTED__Sillitoe_Christopher_SoS_decision.pdf- quite wrong, indeed criminal.” Further, Mr Sillitoe also involved her best ./_REDACTED__Sillitoe_Christopher_SoS_decision.pdf- friend, by “insisting that she stand lookout for the two of you.” ./_REDACTED__Sillitoe_Christopher_SoS_decision.pdf- • His conduct amounted to a clear breach of the Teachers' Standards and ./_REDACTED__Sillitoe_Christopher_SoS_decision.pdf- raised serious public protection and child protection concerns. ./_REDACTED__Sillitoe_Christopher_SoS_decision.pdf- • Mr Sillitoe was convicted of very serious offences concerning a vulnerable child ./_REDACTED__Sillitoe_Christopher_SoS_decision.pdf- in his care and was sentenced to a total term of 50 months imprisonment. -- ./_REDACTED__Sillitoe_Christopher_SoS_decision.pdf-immediate effect. ./_REDACTED__Sillitoe_Christopher_SoS_decision.pdf- ./_REDACTED__Sillitoe_Christopher_SoS_decision.pdf-The panel went on to consider whether or not it would be appropriate to recommend that ./_REDACTED__Sillitoe_Christopher_SoS_decision.pdf-a review period of the order should be considered. The panel was mindful that the Advice ./_REDACTED__Sillitoe_Christopher_SoS_decision.pdf-states that a prohibition order applies for life, but there may be circumstances, in any ./_REDACTED__Sillitoe_Christopher_SoS_decision.pdf-given case, that may make it appropriate to allow a teacher to apply to have the ./_REDACTED__Sillitoe_Christopher_SoS_decision.pdf-prohibition order reviewed after a specified period of time that may not be less than 2 ./_REDACTED__Sillitoe_Christopher_SoS_decision.pdf-years. ./_REDACTED__Sillitoe_Christopher_SoS_decision.pdf- ./_REDACTED__Sillitoe_Christopher_SoS_decision.pdf-The Advice indicates that there are behaviours that, if proved, would militate against the ./_REDACTED__Sillitoe_Christopher_SoS_decision.pdf:recommendation of a review period. These behaviours include serious sexual ./_REDACTED__Sillitoe_Christopher_SoS_decision.pdf:misconduct, such as where the act was sexually motivated and resulted in, or had the ./_REDACTED__Sillitoe_Christopher_SoS_decision.pdf-potential to result in, harm to a person or persons, particularly where the individual has ./_REDACTED__Sillitoe_Christopher_SoS_decision.pdf-used their professional position to influence or exploit a person or persons and any ./_REDACTED__Sillitoe_Christopher_SoS_decision.pdf:sexual misconduct involving a child. The panel found that Mr Sillitoe was responsible for ./_REDACTED__Sillitoe_Christopher_SoS_decision.pdf-a conviction for eight counts of indecent assault. ./_REDACTED__Sillitoe_Christopher_SoS_decision.pdf- ./_REDACTED__Sillitoe_Christopher_SoS_decision.pdf- ./_REDACTED__Sillitoe_Christopher_SoS_decision.pdf- ./_REDACTED__Sillitoe_Christopher_SoS_decision.pdf- ./_REDACTED__Sillitoe_Christopher_SoS_decision.pdf- 10 ./_REDACTED__Sillitoe_Christopher_SoS_decision.pdf- -- ./_REDACTED__Sillitoe_Christopher_SoS_decision.pdf-The panel also, “noted that Mr Sillitoe’s actions were relevant to teaching, working with ./_REDACTED__Sillitoe_Christopher_SoS_decision.pdf-children and/or working in an education setting, in that the conduct that led to his ./_REDACTED__Sillitoe_Christopher_SoS_decision.pdf-conviction was in relation to Person A, who was a pupil of Mr Sillitoe’s. Further, some of ./_REDACTED__Sillitoe_Christopher_SoS_decision.pdf-Mr Sillitoe’s conduct took place in the school environment, and on occasion in the ./_REDACTED__Sillitoe_Christopher_SoS_decision.pdf-presence of another pupil.” ./_REDACTED__Sillitoe_Christopher_SoS_decision.pdf- ./_REDACTED__Sillitoe_Christopher_SoS_decision.pdf-The findings of misconduct are particularly serious as they include a finding of eight ./_REDACTED__Sillitoe_Christopher_SoS_decision.pdf:counts of indecent sexual assault. ./_REDACTED__Sillitoe_Christopher_SoS_decision.pdf- ./_REDACTED__Sillitoe_Christopher_SoS_decision.pdf-I have to determine whether the imposition of a prohibition order is proportionate and in ./_REDACTED__Sillitoe_Christopher_SoS_decision.pdf-the public interest. In considering that for this case, I have considered the overall aim of a ./_REDACTED__Sillitoe_Christopher_SoS_decision.pdf-prohibition order which is to protect pupils and to maintain public confidence in the ./_REDACTED__Sillitoe_Christopher_SoS_decision.pdf-profession. I have considered the extent to which a prohibition order in this case would ./_REDACTED__Sillitoe_Christopher_SoS_decision.pdf-achieve that aim taking into account the impact that it will have on the individual teacher. ./_REDACTED__Sillitoe_Christopher_SoS_decision.pdf-I have also asked myself, whether a less intrusive measure, such as the published ./_REDACTED__Sillitoe_Christopher_SoS_decision.pdf-finding of unacceptable professional conduct and conduct that may bring the profession ./_REDACTED__Sillitoe_Christopher_SoS_decision.pdf-into disrepute, would itself be sufficient to achieve the overall aim. I have to consider ./_REDACTED__Sillitoe_Christopher_SoS_decision.pdf-whether the consequences of such a publication are themselves sufficient. I have ./_REDACTED__Stevenson_Roderick_SoS_decision.pdf-offence, in that: ./_REDACTED__Stevenson_Roderick_SoS_decision.pdf- ./_REDACTED__Stevenson_Roderick_SoS_decision.pdf-1. On or around 17 August 2021, he was convicted of: ./_REDACTED__Stevenson_Roderick_SoS_decision.pdf- ./_REDACTED__Stevenson_Roderick_SoS_decision.pdf-a) three counts of making indecent photographs of a child, contrary to Section 1(a) of the ./_REDACTED__Stevenson_Roderick_SoS_decision.pdf-Protection of Children Ant 1978; ./_REDACTED__Stevenson_Roderick_SoS_decision.pdf- ./_REDACTED__Stevenson_Roderick_SoS_decision.pdf-b) possessing prohibited images of children, contrary to section 62(1) of the Coroners ./_REDACTED__Stevenson_Roderick_SoS_decision.pdf-and Justice Act 2009; ./_REDACTED__Stevenson_Roderick_SoS_decision.pdf- ./_REDACTED__Stevenson_Roderick_SoS_decision.pdf:c) possessing extreme pornographic images, contrary to section 63(1)(7)(d) of the ./_REDACTED__Stevenson_Roderick_SoS_decision.pdf-Criminal Justice and Immigration Act 2008. ./_REDACTED__Stevenson_Roderick_SoS_decision.pdf- ./_REDACTED__Stevenson_Roderick_SoS_decision.pdf-Mr Stevenson admitted both the facts of the allegations and that he is guilty of having ./_REDACTED__Stevenson_Roderick_SoS_decision.pdf-been convicted of relevant offences. ./_REDACTED__Stevenson_Roderick_SoS_decision.pdf- ./_REDACTED__Stevenson_Roderick_SoS_decision.pdf- ./_REDACTED__Stevenson_Roderick_SoS_decision.pdf-Preliminary applications ./_REDACTED__Stevenson_Roderick_SoS_decision.pdf-There were no preliminary applications. ./_REDACTED__Stevenson_Roderick_SoS_decision.pdf- ./_REDACTED__Stevenson_Roderick_SoS_decision.pdf- -- ./_REDACTED__Stevenson_Roderick_SoS_decision.pdf-reasons: ./_REDACTED__Stevenson_Roderick_SoS_decision.pdf- ./_REDACTED__Stevenson_Roderick_SoS_decision.pdf- 1. On or around 17 August 2021, you were convicted of: ./_REDACTED__Stevenson_Roderick_SoS_decision.pdf- ./_REDACTED__Stevenson_Roderick_SoS_decision.pdf- a) three counts of making indecent photographs of a child, contrary to ./_REDACTED__Stevenson_Roderick_SoS_decision.pdf- Section 1(a) of the Protection of Children Ant 1978; ./_REDACTED__Stevenson_Roderick_SoS_decision.pdf- ./_REDACTED__Stevenson_Roderick_SoS_decision.pdf- b) possessing prohibited images of children, contrary to section 62(1) of the ./_REDACTED__Stevenson_Roderick_SoS_decision.pdf- Coroners and Justice Act 2009; ./_REDACTED__Stevenson_Roderick_SoS_decision.pdf- ./_REDACTED__Stevenson_Roderick_SoS_decision.pdf: c) possessing extreme pornographic images, contrary to section 63(1)(7)(d) ./_REDACTED__Stevenson_Roderick_SoS_decision.pdf- of the Criminal Justice and Immigration Act 2008. ./_REDACTED__Stevenson_Roderick_SoS_decision.pdf- ./_REDACTED__Stevenson_Roderick_SoS_decision.pdf-In response to the notice of referral of the allegations, Mr Stevenson admitted the ./_REDACTED__Stevenson_Roderick_SoS_decision.pdf-allegations. ./_REDACTED__Stevenson_Roderick_SoS_decision.pdf- ./_REDACTED__Stevenson_Roderick_SoS_decision.pdf- ./_REDACTED__Stevenson_Roderick_SoS_decision.pdf- ./_REDACTED__Stevenson_Roderick_SoS_decision.pdf- ./_REDACTED__Stevenson_Roderick_SoS_decision.pdf- 5 ./_REDACTED__Stevenson_Roderick_SoS_decision.pdf- -- ./_REDACTED__Stevenson_Roderick_SoS_decision.pdf- pupils’ vulnerability or might lead them to break the law ./_REDACTED__Stevenson_Roderick_SoS_decision.pdf- ./_REDACTED__Stevenson_Roderick_SoS_decision.pdf- o Teachers must have proper and professional regard for the ethos, policies ./_REDACTED__Stevenson_Roderick_SoS_decision.pdf- and practices of the school in which they teach… ./_REDACTED__Stevenson_Roderick_SoS_decision.pdf- ./_REDACTED__Stevenson_Roderick_SoS_decision.pdf- o Teachers must have an understanding of, and always act within, the ./_REDACTED__Stevenson_Roderick_SoS_decision.pdf- statutory frameworks which set out their professional duties and ./_REDACTED__Stevenson_Roderick_SoS_decision.pdf- responsibilities. ./_REDACTED__Stevenson_Roderick_SoS_decision.pdf- ./_REDACTED__Stevenson_Roderick_SoS_decision.pdf-The panel noted that the individual’s actions were relevant to teaching, working with ./_REDACTED__Stevenson_Roderick_SoS_decision.pdf:children and working in an education setting. The conviction indicates a sexual interest in ./_REDACTED__Stevenson_Roderick_SoS_decision.pdf-children, and he thereby poses a safeguarding risk. Mr Stevenson’s sentence included a ./_REDACTED__Stevenson_Roderick_SoS_decision.pdf:notification requirement and a sexual harm prevention order, both for a period of 10 ./_REDACTED__Stevenson_Roderick_SoS_decision.pdf-years. ./_REDACTED__Stevenson_Roderick_SoS_decision.pdf- ./_REDACTED__Stevenson_Roderick_SoS_decision.pdf-The panel noted that the behaviour involved in committing the offence would have been ./_REDACTED__Stevenson_Roderick_SoS_decision.pdf-likely to have had an impact on the safety and/or security of children depicted within the ./_REDACTED__Stevenson_Roderick_SoS_decision.pdf-images. ./_REDACTED__Stevenson_Roderick_SoS_decision.pdf- ./_REDACTED__Stevenson_Roderick_SoS_decision.pdf-The panel also took account of the way the teaching profession is viewed by others. The ./_REDACTED__Stevenson_Roderick_SoS_decision.pdf-panel considered that Mr Stevenson’s behaviour in committing the offence would affect ./_REDACTED__Stevenson_Roderick_SoS_decision.pdf-public confidence in the teaching profession, if Mr Stevenson was allowed to continue ./_REDACTED__Stevenson_Roderick_SoS_decision.pdf-teaching. -- ./_REDACTED__Stevenson_Roderick_SoS_decision.pdf- ./_REDACTED__Stevenson_Roderick_SoS_decision.pdf-The panel took into account that Mr Stevenson was of previous good character. The ./_REDACTED__Stevenson_Roderick_SoS_decision.pdf-panel noted that he made frank admissions to the police and pleaded guilty at the earliest ./_REDACTED__Stevenson_Roderick_SoS_decision.pdf-opportunity. The panel also noted that before Mr Stevenson was charged, he took steps ./_REDACTED__Stevenson_Roderick_SoS_decision.pdf-to undergo voluntary therapy. A pre-sentencing report assessed Mr Stevenson as being ./_REDACTED__Stevenson_Roderick_SoS_decision.pdf-at a low risk of re-offending. The panel noted that Mr Stevenson’s therapist, a cognitive ./_REDACTED__Stevenson_Roderick_SoS_decision.pdf-behavioural therapist, has confirmed that Mr Stevenson had funded his counselling ./_REDACTED__Stevenson_Roderick_SoS_decision.pdf-sessions from his own resources, and that he had shown total commitment to the ./_REDACTED__Stevenson_Roderick_SoS_decision.pdf-process. The panel noted that the therapist confirmed Mr Stevenson had developed ./_REDACTED__Stevenson_Roderick_SoS_decision.pdf-insight into his behaviour and has developed techniques to help him. The therapist’s ./_REDACTED__Stevenson_Roderick_SoS_decision.pdf:report shows that Mr Stevenson is at low risk of sexual re-offending and that this is ./_REDACTED__Stevenson_Roderick_SoS_decision.pdf-compounded by his positive response to the programme and the remorse he had shown. ./_REDACTED__Stevenson_Roderick_SoS_decision.pdf- ./_REDACTED__Stevenson_Roderick_SoS_decision.pdf-Although the panel found that the evidence of Mr Stevenson’s remediation was of note, ./_REDACTED__Stevenson_Roderick_SoS_decision.pdf-the panel also found that the seriousness of the offending behaviour that led to the ./_REDACTED__Stevenson_Roderick_SoS_decision.pdf-conviction was relevant to Mr Stevenson’s fitness to be a teacher. The panel considered ./_REDACTED__Stevenson_Roderick_SoS_decision.pdf-that a finding that this conviction was for a relevant offence was necessary to reaffirm ./_REDACTED__Stevenson_Roderick_SoS_decision.pdf-clear standards of conduct so as to maintain public confidence in the teaching profession. ./_REDACTED__Stevenson_Roderick_SoS_decision.pdf- ./_REDACTED__Stevenson_Roderick_SoS_decision.pdf- ./_REDACTED__Stevenson_Roderick_SoS_decision.pdf-Panel’s recommendation to the Secretary of State -- ./_REDACTED__Stevenson_Roderick_SoS_decision.pdf- ./_REDACTED__Stevenson_Roderick_SoS_decision.pdf- • the commission of a serious criminal offence, including those that resulted in a ./_REDACTED__Stevenson_Roderick_SoS_decision.pdf- conviction or caution, paying particular attention to offences that are “relevant ./_REDACTED__Stevenson_Roderick_SoS_decision.pdf- matters” for the purposes of the Police Act 1997 and criminal record disclosure; ./_REDACTED__Stevenson_Roderick_SoS_decision.pdf- ./_REDACTED__Stevenson_Roderick_SoS_decision.pdf- • misconduct seriously affecting the education and/or safeguarding and well- ./_REDACTED__Stevenson_Roderick_SoS_decision.pdf- being of pupils, and particularly where there is a continuing risk; ./_REDACTED__Stevenson_Roderick_SoS_decision.pdf- ./_REDACTED__Stevenson_Roderick_SoS_decision.pdf- • abuse of position or trust (particularly involving pupils); ./_REDACTED__Stevenson_Roderick_SoS_decision.pdf- ./_REDACTED__Stevenson_Roderick_SoS_decision.pdf: • sexual misconduct, for example, involving actions that were sexually motivated ./_REDACTED__Stevenson_Roderick_SoS_decision.pdf: or of a sexual nature and/or that use or exploit the trust, knowledge or influence ./_REDACTED__Stevenson_Roderick_SoS_decision.pdf- derived from the individual’s professional position; ./_REDACTED__Stevenson_Roderick_SoS_decision.pdf- ./_REDACTED__Stevenson_Roderick_SoS_decision.pdf- • any activity involving viewing, taking, making, possessing, distributing or ./_REDACTED__Stevenson_Roderick_SoS_decision.pdf- publishing any indecent photograph or image or indecent pseudo photograph ./_REDACTED__Stevenson_Roderick_SoS_decision.pdf- or image of a child, or permitting such activity, including one-off incidents; ./_REDACTED__Stevenson_Roderick_SoS_decision.pdf- ./_REDACTED__Stevenson_Roderick_SoS_decision.pdf- • failure in their duty of care towards a child, including exposing a child to risk or ./_REDACTED__Stevenson_Roderick_SoS_decision.pdf- failing to promote the safety and welfare of the children (as set out in Part 1 of ./_REDACTED__Stevenson_Roderick_SoS_decision.pdf- KCSIE) ./_REDACTED__Stevenson_Roderick_SoS_decision.pdf- -- ./_REDACTED__Stevenson_Roderick_SoS_decision.pdf-No testimonial statements were adduced for the panel to consider. ./_REDACTED__Stevenson_Roderick_SoS_decision.pdf- ./_REDACTED__Stevenson_Roderick_SoS_decision.pdf-The panel noted that he made frank admissions to the police and pleaded guilty at the ./_REDACTED__Stevenson_Roderick_SoS_decision.pdf-earliest opportunity. The panel also noted that before Mr Stevenson was charged, he ./_REDACTED__Stevenson_Roderick_SoS_decision.pdf-took steps to undergo voluntary therapy. A pre-sentencing report assessed Mr Stevenson ./_REDACTED__Stevenson_Roderick_SoS_decision.pdf-as being at a low risk of re-offending. The panel noted that Mr Stevenson’s therapist also ./_REDACTED__Stevenson_Roderick_SoS_decision.pdf-prepared a report prior to sentencing. This confirmed that Mr Stevenson had funded his ./_REDACTED__Stevenson_Roderick_SoS_decision.pdf-counselling sessions from his own resources, and that he had shown total commitment to ./_REDACTED__Stevenson_Roderick_SoS_decision.pdf-the process. The panel noted that the therapist confirmed Mr Stevenson had developed ./_REDACTED__Stevenson_Roderick_SoS_decision.pdf-insight into his behaviour and has developed techniques to help him. The therapist’s ./_REDACTED__Stevenson_Roderick_SoS_decision.pdf:report shows that Mr Stevenson is at low risk of sexual re-offending and that this is ./_REDACTED__Stevenson_Roderick_SoS_decision.pdf-compounded by his positive response to the programme and the remorse he had shown. ./_REDACTED__Stevenson_Roderick_SoS_decision.pdf-The panel noted that the therapists report refers to an exercise that was conducted with ./_REDACTED__Stevenson_Roderick_SoS_decision.pdf-Mr Stevenson on three occasions to write to an imaginary victim. The panel noted that in ./_REDACTED__Stevenson_Roderick_SoS_decision.pdf-the final letter the therapist considered that he demonstrated greater responsibility, ./_REDACTED__Stevenson_Roderick_SoS_decision.pdf-sensitivity and empathy towards his victim. The report states he had struggled with this ./_REDACTED__Stevenson_Roderick_SoS_decision.pdf-exercise but that he had worked hard to achieve a more empathic outcome. The report ./_REDACTED__Stevenson_Roderick_SoS_decision.pdf-concluded that Mr Stevenson “will need to be vigilant in his endeavours, ensuring that he ./_REDACTED__Stevenson_Roderick_SoS_decision.pdf-is actively addressing his thinking and behaviour when conflicts arise, in order that the ./_REDACTED__Stevenson_Roderick_SoS_decision.pdf-new way of thinking and behaving becomes firmly established and maintained.” ./_REDACTED__Stevenson_Roderick_SoS_decision.pdf- -- ./_REDACTED__Stevenson_Roderick_SoS_decision.pdf-I have also taken into account the panel’s comments on insight and remorse, which the ./_REDACTED__Stevenson_Roderick_SoS_decision.pdf-panel sets out as follows, “The panel noted that he made frank admissions to the police ./_REDACTED__Stevenson_Roderick_SoS_decision.pdf-and pleaded guilty at the earliest opportunity. The panel also noted that before Mr ./_REDACTED__Stevenson_Roderick_SoS_decision.pdf-Stevenson was charged, he took steps to undergo voluntary therapy. A pre-sentencing ./_REDACTED__Stevenson_Roderick_SoS_decision.pdf-report assessed Mr Stevenson as being at a low risk of re-offending. The panel noted ./_REDACTED__Stevenson_Roderick_SoS_decision.pdf-that Mr Stevenson’s therapist also prepared a report prior to sentencing. This confirmed ./_REDACTED__Stevenson_Roderick_SoS_decision.pdf-that Mr Stevenson had funded his counselling sessions from his own resources, and that ./_REDACTED__Stevenson_Roderick_SoS_decision.pdf-he had shown total commitment to the process. The panel noted that the therapist ./_REDACTED__Stevenson_Roderick_SoS_decision.pdf-confirmed Mr Stevenson had developed insight into his behaviour and has developed ./_REDACTED__Stevenson_Roderick_SoS_decision.pdf-techniques to help him. The therapist’s report shows that Mr Stevenson is at low risk of ./_REDACTED__Stevenson_Roderick_SoS_decision.pdf:sexual re-offending and that this is compounded by his positive response to the ./_REDACTED__Stevenson_Roderick_SoS_decision.pdf-programme and the remorse he had shown.” ./_REDACTED__Stevenson_Roderick_SoS_decision.pdf- ./_REDACTED__Stevenson_Roderick_SoS_decision.pdf-I have gone on to consider the extent to which a prohibition order would maintain public ./_REDACTED__Stevenson_Roderick_SoS_decision.pdf-confidence in the profession and, “The panel also took account of the way the teaching ./_REDACTED__Stevenson_Roderick_SoS_decision.pdf-profession is viewed by others. The panel considered that Mr Stevenson’s behaviour in ./_REDACTED__Stevenson_Roderick_SoS_decision.pdf-committing the offence would affect public confidence in the teaching profession, if Mr ./_REDACTED__Stevenson_Roderick_SoS_decision.pdf-Stevenson was allowed to continue teaching.” I am particularly mindful of the finding of a ./_REDACTED__Stevenson_Roderick_SoS_decision.pdf-conviction of a relevant offence involving indecent images of children in this case and the ./_REDACTED__Stevenson_Roderick_SoS_decision.pdf-impact that such a finding has on the reputation of the profession. ./_REDACTED__Stevenson_Roderick_SoS_decision.pdf- ./_REDACTED__Thompson_Marc_SoS_decision.pdf- Form College, by indicating on a disclosure form that he had not been subject to ./_REDACTED__Thompson_Marc_SoS_decision.pdf- any previous disciplinary investigations, when he knew that was untrue; ./_REDACTED__Thompson_Marc_SoS_decision.pdf- ./_REDACTED__Thompson_Marc_SoS_decision.pdf-2. His conduct as may be found proven at allegation 1 above was dishonest and/or ./_REDACTED__Thompson_Marc_SoS_decision.pdf- demonstrated a lack of integrity; ./_REDACTED__Thompson_Marc_SoS_decision.pdf- ./_REDACTED__Thompson_Marc_SoS_decision.pdf-3. Whilst employed as a Teacher at the Salisbury Sixth Form College, between or ./_REDACTED__Thompson_Marc_SoS_decision.pdf- around September 2017 to November 2017, he acted inappropriately towards ./_REDACTED__Thompson_Marc_SoS_decision.pdf- and/or in the presence of pupils in that he; ./_REDACTED__Thompson_Marc_SoS_decision.pdf- ./_REDACTED__Thompson_Marc_SoS_decision.pdf: a. used sexual language and/or sexual innuendo; ./_REDACTED__Thompson_Marc_SoS_decision.pdf- ./_REDACTED__Thompson_Marc_SoS_decision.pdf- b. instructed and/or encouraged one or more pupils to undertake inappropriate ./_REDACTED__Thompson_Marc_SoS_decision.pdf: and/or sexual actions; ./_REDACTED__Thompson_Marc_SoS_decision.pdf- ./_REDACTED__Thompson_Marc_SoS_decision.pdf- c. asked if Pupil A had a boyfriend and/or in response to Pupil A’s reply as to ./_REDACTED__Thompson_Marc_SoS_decision.pdf- whether she had a boyfriend said “that’s so sad” or used words to that ./_REDACTED__Thompson_Marc_SoS_decision.pdf- effect; ./_REDACTED__Thompson_Marc_SoS_decision.pdf- ./_REDACTED__Thompson_Marc_SoS_decision.pdf- d. commented that Pupil A would be “asking for it”, or used words to that ./_REDACTED__Thompson_Marc_SoS_decision.pdf- effect, if Pupil A wore a crop top and/or jeans; ./_REDACTED__Thompson_Marc_SoS_decision.pdf- ./_REDACTED__Thompson_Marc_SoS_decision.pdf- e. suggested that Pupil A looked depressed as she undertook religious ./_REDACTED__Thompson_Marc_SoS_decision.pdf- studies; ./_REDACTED__Thompson_Marc_SoS_decision.pdf- ./_REDACTED__Thompson_Marc_SoS_decision.pdf-4. His behaviour as may be found proven at 3a and/or 3b and/or 3c and/or 3d above ./_REDACTED__Thompson_Marc_SoS_decision.pdf: was sexually motivated. ./_REDACTED__Thompson_Marc_SoS_decision.pdf- ./_REDACTED__Thompson_Marc_SoS_decision.pdf-Whilst Mr Thompson made admissions in relation to certain factual particulars, the ./_REDACTED__Thompson_Marc_SoS_decision.pdf-allegations were denied. Mr Thompson also denied that his conduct amounted to ./_REDACTED__Thompson_Marc_SoS_decision.pdf-unacceptable professional conduct or conduct that may bring the profession into ./_REDACTED__Thompson_Marc_SoS_decision.pdf-disrepute. ./_REDACTED__Thompson_Marc_SoS_decision.pdf- ./_REDACTED__Thompson_Marc_SoS_decision.pdf- ./_REDACTED__Thompson_Marc_SoS_decision.pdf- ./_REDACTED__Thompson_Marc_SoS_decision.pdf- ./_REDACTED__Thompson_Marc_SoS_decision.pdf- 4 -- ./_REDACTED__Thompson_Marc_SoS_decision.pdf- ./_REDACTED__Thompson_Marc_SoS_decision.pdf-Having found allegation 1 not proved, the panel was not required to consider whether Mr ./_REDACTED__Thompson_Marc_SoS_decision.pdf-Thompson's actions were dishonest or demonstrated a lack of integrity. ./_REDACTED__Thompson_Marc_SoS_decision.pdf- ./_REDACTED__Thompson_Marc_SoS_decision.pdf-Allegation 2 was, as a consequence, not proved. ./_REDACTED__Thompson_Marc_SoS_decision.pdf- ./_REDACTED__Thompson_Marc_SoS_decision.pdf-3. Whilst employed as a Teacher at the Salisbury Sixth Form College, between ./_REDACTED__Thompson_Marc_SoS_decision.pdf- or around September 2017 to November 2017, you acted inappropriately ./_REDACTED__Thompson_Marc_SoS_decision.pdf- towards and/or in the presence of pupils in that you; ./_REDACTED__Thompson_Marc_SoS_decision.pdf- ./_REDACTED__Thompson_Marc_SoS_decision.pdf: a. used sexual language and/or sexual innuendo; ./_REDACTED__Thompson_Marc_SoS_decision.pdf- ./_REDACTED__Thompson_Marc_SoS_decision.pdf- b. instructed and/or encouraged one or more pupils to undertake ./_REDACTED__Thompson_Marc_SoS_decision.pdf: inappropriate and/or sexual actions ./_REDACTED__Thompson_Marc_SoS_decision.pdf- ./_REDACTED__Thompson_Marc_SoS_decision.pdf- ./_REDACTED__Thompson_Marc_SoS_decision.pdf- ./_REDACTED__Thompson_Marc_SoS_decision.pdf- 9 ./_REDACTED__Thompson_Marc_SoS_decision.pdf- -- ./_REDACTED__Thompson_Marc_SoS_decision.pdf-extent anticipated. ./_REDACTED__Thompson_Marc_SoS_decision.pdf- ./_REDACTED__Thompson_Marc_SoS_decision.pdf-Pupil A gave evidence in the following terms as regards to what happened subsequently ./_REDACTED__Thompson_Marc_SoS_decision.pdf-during the assessment: ./_REDACTED__Thompson_Marc_SoS_decision.pdf- ./_REDACTED__Thompson_Marc_SoS_decision.pdf- • Mr Thompson told the role play actors about changes/improvements he wanted to ./_REDACTED__Thompson_Marc_SoS_decision.pdf- be made. ./_REDACTED__Thompson_Marc_SoS_decision.pdf- ./_REDACTED__Thompson_Marc_SoS_decision.pdf- • This included telling Pupil A that her personality was, henceforth, to be 'flirty'. In ./_REDACTED__Thompson_Marc_SoS_decision.pdf- oral evidence, Pupil A stated that the pretext to this was that Mr Thompson stated ./_REDACTED__Thompson_Marc_SoS_decision.pdf: that dementia sufferers, as being depicted by Pupil A, could be "sexually ./_REDACTED__Thompson_Marc_SoS_decision.pdf- frustrated". ./_REDACTED__Thompson_Marc_SoS_decision.pdf- ./_REDACTED__Thompson_Marc_SoS_decision.pdf- • Mr Thompson told Pupil E that a book she was pretending to read, as part of the ./_REDACTED__Thompson_Marc_SoS_decision.pdf- role play scenario, was 'Fifty Shades of Grey'. During subsequent feedback ./_REDACTED__Thompson_Marc_SoS_decision.pdf- sessions, he told Pupil E that she needed to talk more about 'Fifty Shades of ./_REDACTED__Thompson_Marc_SoS_decision.pdf- Grey'. ./_REDACTED__Thompson_Marc_SoS_decision.pdf- ./_REDACTED__Thompson_Marc_SoS_decision.pdf- ./_REDACTED__Thompson_Marc_SoS_decision.pdf- 10 ./_REDACTED__Thompson_Marc_SoS_decision.pdf- -- ./_REDACTED__Thompson_Marc_SoS_decision.pdf-In oral evidence, Pupil A was shown some of the assessment recordings. She accepted ./_REDACTED__Thompson_Marc_SoS_decision.pdf-that certain comments she could be observed making, some of which were overtly ./_REDACTED__Thompson_Marc_SoS_decision.pdf:sexual, were made of her own volition as part of her adopting her 'role'. They were not ./_REDACTED__Thompson_Marc_SoS_decision.pdf-expressly suggested by Mr Thompson. However, Pupil A maintained that all of her ./_REDACTED__Thompson_Marc_SoS_decision.pdf-actions and comments were in direct response to Mr Thompson instructing her to be ./_REDACTED__Thompson_Marc_SoS_decision.pdf-'flirty', and stated that at no point did Mr Thompson bring matters to a close or suggest ./_REDACTED__Thompson_Marc_SoS_decision.pdf-that she had gone too far. ./_REDACTED__Thompson_Marc_SoS_decision.pdf- ./_REDACTED__Thompson_Marc_SoS_decision.pdf-The TRA also relied upon the written hearsay accounts provided by other students, ./_REDACTED__Thompson_Marc_SoS_decision.pdf-present during the assessment, obtained during the course of the College's investigation. ./_REDACTED__Thompson_Marc_SoS_decision.pdf-These were carefully considered by the panel. ./_REDACTED__Thompson_Marc_SoS_decision.pdf- ./_REDACTED__Thompson_Marc_SoS_decision.pdf-Mr Thompson denied this allegation. His position in relation to these allegations was, in -- ./_REDACTED__Thompson_Marc_SoS_decision.pdf- several appeared to get into their characters and added their own material. ./_REDACTED__Thompson_Marc_SoS_decision.pdf- ./_REDACTED__Thompson_Marc_SoS_decision.pdf- • Each role play actor took on what they felt comfortable with and some expanded ./_REDACTED__Thompson_Marc_SoS_decision.pdf- on it, and rejected suggestions with which they felt uncomfortable. ./_REDACTED__Thompson_Marc_SoS_decision.pdf- ./_REDACTED__Thompson_Marc_SoS_decision.pdf- • During feedback, he did make comments about pulling back on performance or ./_REDACTED__Thompson_Marc_SoS_decision.pdf- "toning it down" when he felt things were escalating. He provided one example of ./_REDACTED__Thompson_Marc_SoS_decision.pdf- stopping a recording in response to a particular comment made by Pupil A. ./_REDACTED__Thompson_Marc_SoS_decision.pdf- However, on reflection, in oral evidence he accepted he should have done more. ./_REDACTED__Thompson_Marc_SoS_decision.pdf- ./_REDACTED__Thompson_Marc_SoS_decision.pdf: • He admitted that he used some sexual language and/or sexual innuendo in the ./_REDACTED__Thompson_Marc_SoS_decision.pdf- presence of pupils but the language was age appropriate and used within the ./_REDACTED__Thompson_Marc_SoS_decision.pdf- context of the role play scenario. ./_REDACTED__Thompson_Marc_SoS_decision.pdf- ./_REDACTED__Thompson_Marc_SoS_decision.pdf- ./_REDACTED__Thompson_Marc_SoS_decision.pdf- ./_REDACTED__Thompson_Marc_SoS_decision.pdf- ./_REDACTED__Thompson_Marc_SoS_decision.pdf- 12 ./_REDACTED__Thompson_Marc_SoS_decision.pdf- -- ./_REDACTED__Thompson_Marc_SoS_decision.pdf- • He denied that he instructed or encouraged any pupils to undertake inappropriate ./_REDACTED__Thompson_Marc_SoS_decision.pdf: or sexual actions. He maintained that no physical sexual actions were suggested, ./_REDACTED__Thompson_Marc_SoS_decision.pdf- beyond a suggestion "for looking at inappropriate dress". ./_REDACTED__Thompson_Marc_SoS_decision.pdf- ./_REDACTED__Thompson_Marc_SoS_decision.pdf- • In relation to the student pretending to read 'Fifty Shades of Grey', he asserted this ./_REDACTED__Thompson_Marc_SoS_decision.pdf- was suggested by the student in question, not by him, and explained the context ./_REDACTED__Thompson_Marc_SoS_decision.pdf- for this. He confirmed he was content for her to do so. He similarly maintained that ./_REDACTED__Thompson_Marc_SoS_decision.pdf- it was Pupil A who suggested commenting upon a 'red room', which he was also ./_REDACTED__Thompson_Marc_SoS_decision.pdf- content with at the time. ./_REDACTED__Thompson_Marc_SoS_decision.pdf- ./_REDACTED__Thompson_Marc_SoS_decision.pdf- • Finally, in relation to the comment he allegedly made to Pupil A at the end of the ./_REDACTED__Thompson_Marc_SoS_decision.pdf- session, he accepted that he could have said it as a "throw away gag" but it would ./_REDACTED__Thompson_Marc_SoS_decision.pdf- have been a reference to the character and not the student. ./_REDACTED__Thompson_Marc_SoS_decision.pdf- ./_REDACTED__Thompson_Marc_SoS_decision.pdf-Having carefully considered the evidence before it and the parties' submissions, the ./_REDACTED__Thompson_Marc_SoS_decision.pdf-panel made the following findings of fact: ./_REDACTED__Thompson_Marc_SoS_decision.pdf- ./_REDACTED__Thompson_Marc_SoS_decision.pdf- 1. Mr Thompson instructed Pupil A and Pupil C to behave in a 'flirty' manner. In the ./_REDACTED__Thompson_Marc_SoS_decision.pdf: panel's view, this term could reasonably be construed as sexual language. This ./_REDACTED__Thompson_Marc_SoS_decision.pdf- was also an instruction and encouragement for these students to undertake ./_REDACTED__Thompson_Marc_SoS_decision.pdf: inappropriate and sexual actions. ./_REDACTED__Thompson_Marc_SoS_decision.pdf- ./_REDACTED__Thompson_Marc_SoS_decision.pdf- 2. Mr Thompson told Pupil E to reference the book 'Fifty Shades of Grey' and for ./_REDACTED__Thompson_Marc_SoS_decision.pdf- Pupil A to reference a 'red room'. The panel considered it was irrelevant whether ./_REDACTED__Thompson_Marc_SoS_decision.pdf- or not the original suggestion for doing so came from Mr Thompson or the ./_REDACTED__Thompson_Marc_SoS_decision.pdf- students. Even if it was the students who made these suggestions, they were ./_REDACTED__Thompson_Marc_SoS_decision.pdf- instructed and encouraged by Mr Thompson to introduce these elements to the ./_REDACTED__Thompson_Marc_SoS_decision.pdf- assessment. In doing so, the panel was satisfied that he instructed and ./_REDACTED__Thompson_Marc_SoS_decision.pdf- encouraged the pupils to act in this way and thereby undertake inappropriate ./_REDACTED__Thompson_Marc_SoS_decision.pdf- actions. ./_REDACTED__Thompson_Marc_SoS_decision.pdf- ./_REDACTED__Thompson_Marc_SoS_decision.pdf- 3. Mr Thompson instructed Pupil A to call Pupil D "[REDACTED]" and gave ./_REDACTED__Thompson_Marc_SoS_decision.pdf- examples of how she might use that term. Accordingly, Pupil A's evidence in ./_REDACTED__Thompson_Marc_SoS_decision.pdf: relation to this aspect was accepted. Given the other sexualised elements and ./_REDACTED__Thompson_Marc_SoS_decision.pdf- themes to the lesson and having regard to the evidence from Pupil A, the panel ./_REDACTED__Thompson_Marc_SoS_decision.pdf- rejected Mr Thompson's suggestion that this was entirely innocent on his part. ./_REDACTED__Thompson_Marc_SoS_decision.pdf- ./_REDACTED__Thompson_Marc_SoS_decision.pdf- 4. The panel, therefore, did not accept that Mr Thompson saw no difference between ./_REDACTED__Thompson_Marc_SoS_decision.pdf- [REDACTED] and, for instance, [REDACTED] or [REDACTED]. Whilst the panel ./_REDACTED__Thompson_Marc_SoS_decision.pdf- was not of the view that Mr Thompson was instructing Pupil A to do anything ./_REDACTED__Thompson_Marc_SoS_decision.pdf- beyond the use of the term [REDACTED], it was satisfied that by doing so he was ./_REDACTED__Thompson_Marc_SoS_decision.pdf: using sexual language and sexual innuendo. Furthermore, Mr Thompson's ./_REDACTED__Thompson_Marc_SoS_decision.pdf- conduct was such that he was instructing and encouraging Pupil A to undertake ./_REDACTED__Thompson_Marc_SoS_decision.pdf: inappropriate and sexual actions. It was more likely than not that Mr Thompson ./_REDACTED__Thompson_Marc_SoS_decision.pdf- ./_REDACTED__Thompson_Marc_SoS_decision.pdf- ./_REDACTED__Thompson_Marc_SoS_decision.pdf- 13 ./_REDACTED__Thompson_Marc_SoS_decision.pdf- -- ./_REDACTED__Thompson_Marc_SoS_decision.pdf- was fully aware of the implications of the term [REDACTED] when he gave his ./_REDACTED__Thompson_Marc_SoS_decision.pdf- instruction. ./_REDACTED__Thompson_Marc_SoS_decision.pdf- ./_REDACTED__Thompson_Marc_SoS_decision.pdf- 5. At the conclusion of the session, Mr Thompson made a comment to the effect that ./_REDACTED__Thompson_Marc_SoS_decision.pdf- "Now that is what we know [Pupil A] likes to do in the bedroom". Whether or not Mr ./_REDACTED__Thompson_Marc_SoS_decision.pdf- Thompson was referring to Pupil A or her character, the panel was satisfied that ./_REDACTED__Thompson_Marc_SoS_decision.pdf: by making such a comment, Mr Thompson was using sexual innuendo. ./_REDACTED__Thompson_Marc_SoS_decision.pdf- ./_REDACTED__Thompson_Marc_SoS_decision.pdf- 6. Mr Thompson instructed Pupil C to look at or down Pupil H's top. Having carefully ./_REDACTED__Thompson_Marc_SoS_decision.pdf- considered the evidence before it, including Mr Thompson's admission, the panel ./_REDACTED__Thompson_Marc_SoS_decision.pdf- was satisfied that Mr Thompson did direct this pupil, albeit in character, to look at ./_REDACTED__Thompson_Marc_SoS_decision.pdf- Pupil H's chest area, which Mr Thompson maintained was due to the attire Pupil H ./_REDACTED__Thompson_Marc_SoS_decision.pdf- was wearing. By doing so, Mr Thompson was instructing and encouraging Pupil C ./_REDACTED__Thompson_Marc_SoS_decision.pdf: to undertake inappropriate and sexual actions, even though Pupil C declined to ./_REDACTED__Thompson_Marc_SoS_decision.pdf- adhere to this instruction as he felt it was inappropriate. ./_REDACTED__Thompson_Marc_SoS_decision.pdf- ./_REDACTED__Thompson_Marc_SoS_decision.pdf-The panel went on to consider whether Mr Thompson's actions, as found proven, were ./_REDACTED__Thompson_Marc_SoS_decision.pdf-inappropriate, which he denied. ./_REDACTED__Thompson_Marc_SoS_decision.pdf- ./_REDACTED__Thompson_Marc_SoS_decision.pdf-The panel concluded that Mr Thompson's actions were inappropriate for the following ./_REDACTED__Thompson_Marc_SoS_decision.pdf-reasons in particular: ./_REDACTED__Thompson_Marc_SoS_decision.pdf- ./_REDACTED__Thompson_Marc_SoS_decision.pdf- • The nature and circumstances of this lesson and Mr Thompson's conduct within it ./_REDACTED__Thompson_Marc_SoS_decision.pdf- were not appropriate having regard to the age of the students present. It was clear -- ./_REDACTED__Thompson_Marc_SoS_decision.pdf- ./_REDACTED__Thompson_Marc_SoS_decision.pdf- • Mr Thompson allowed the inappropriateness of the lesson to escalate in ./_REDACTED__Thompson_Marc_SoS_decision.pdf- circumstances where, as the adult and teacher in the room, he had a duty to ./_REDACTED__Thompson_Marc_SoS_decision.pdf- ensure it remained appropriate at all times. Even if Mr Thompson may have taken ./_REDACTED__Thompson_Marc_SoS_decision.pdf- some, limited action to respond to certain aspects he felt had gone too far, he did ./_REDACTED__Thompson_Marc_SoS_decision.pdf- not go anywhere near far enough. He failed to make robust, incisive and timely ./_REDACTED__Thompson_Marc_SoS_decision.pdf- interventions to ensure the assessment remained professional, safe and ./_REDACTED__Thompson_Marc_SoS_decision.pdf- appropriate. ./_REDACTED__Thompson_Marc_SoS_decision.pdf- ./_REDACTED__Thompson_Marc_SoS_decision.pdf- • It was not necessary or appropriate, within the parameters of the assessment ./_REDACTED__Thompson_Marc_SoS_decision.pdf: being undertaken, to introduce any sexual elements. At the point at which Mr ./_REDACTED__Thompson_Marc_SoS_decision.pdf- Thompson believed the scenario was not sufficiently challenging, he had various ./_REDACTED__Thompson_Marc_SoS_decision.pdf- options open to him. It followed that Mr Thompson consciously and deliberately ./_REDACTED__Thompson_Marc_SoS_decision.pdf: chose to direct the lesson and the students down a path that introduced sexual ./_REDACTED__Thompson_Marc_SoS_decision.pdf- elements and themes. ./_REDACTED__Thompson_Marc_SoS_decision.pdf- ./_REDACTED__Thompson_Marc_SoS_decision.pdf- ./_REDACTED__Thompson_Marc_SoS_decision.pdf- 14 ./_REDACTED__Thompson_Marc_SoS_decision.pdf- -- ./_REDACTED__Thompson_Marc_SoS_decision.pdf-The panel concluded that, as with allegation 3(e), there was a lack of contemporaneous ./_REDACTED__Thompson_Marc_SoS_decision.pdf-and collaborative evidence in relation to the precise circumstances of this incident. It was ./_REDACTED__Thompson_Marc_SoS_decision.pdf-not raised by Pupil A until her statement in these proceedings. Even though Mr ./_REDACTED__Thompson_Marc_SoS_decision.pdf-Thompson accepted he may have used the term 'depressed' at some stage, the panel ./_REDACTED__Thompson_Marc_SoS_decision.pdf-was unable to determine whether he did so in the precise manner alleged or whether this ./_REDACTED__Thompson_Marc_SoS_decision.pdf-was necessarily inappropriate. ./_REDACTED__Thompson_Marc_SoS_decision.pdf- ./_REDACTED__Thompson_Marc_SoS_decision.pdf-The panel therefore found allegation 3(e) not proved. ./_REDACTED__Thompson_Marc_SoS_decision.pdf- ./_REDACTED__Thompson_Marc_SoS_decision.pdf-4. Your behaviour as may be found proven at 3a and/or 3b and/or 3c and/or 3d ./_REDACTED__Thompson_Marc_SoS_decision.pdf: above was sexually motivated. ./_REDACTED__Thompson_Marc_SoS_decision.pdf- ./_REDACTED__Thompson_Marc_SoS_decision.pdf- ./_REDACTED__Thompson_Marc_SoS_decision.pdf- 17 ./_REDACTED__Thompson_Marc_SoS_decision.pdf- -- ./_REDACTED__Thompson_Marc_SoS_decision.pdf-Having found the facts of allegations 3(a) and 3(b) proved, the panel went on to consider ./_REDACTED__Thompson_Marc_SoS_decision.pdf:whether Mr Thompson's conduct was sexually motivated. ./_REDACTED__Thompson_Marc_SoS_decision.pdf- ./_REDACTED__Thompson_Marc_SoS_decision.pdf-On the basis of his actions and in the context in which they occurred, the TRA submitted ./_REDACTED__Thompson_Marc_SoS_decision.pdf:that the appropriate inference to draw was that Mr Thompson's actions were sexually ./_REDACTED__Thompson_Marc_SoS_decision.pdf:motivated, in that they were in pursuit of sexual gratification. The TRA made reference to ./_REDACTED__Thompson_Marc_SoS_decision.pdf:the sexual nature of the conduct and language used during the course of the assessment ./_REDACTED__Thompson_Marc_SoS_decision.pdf-in question. ./_REDACTED__Thompson_Marc_SoS_decision.pdf- ./_REDACTED__Thompson_Marc_SoS_decision.pdf:Mr Thompson denied that his conduct, in any respect, was sexually motivated. ./_REDACTED__Thompson_Marc_SoS_decision.pdf- ./_REDACTED__Thompson_Marc_SoS_decision.pdf-In addition to Mr Thompson's evidence, the panel took account of the fact he was a ./_REDACTED__Thompson_Marc_SoS_decision.pdf-person of prior good character. This factor, particularly when considered in conjunction ./_REDACTED__Thompson_Marc_SoS_decision.pdf-with the serious nature of this allegation, meant that the panel had firmly in mind the need ./_REDACTED__Thompson_Marc_SoS_decision.pdf-to undertake careful and vigorous scrutiny of the evidence before it. ./_REDACTED__Thompson_Marc_SoS_decision.pdf- ./_REDACTED__Thompson_Marc_SoS_decision.pdf-The panel considered allegations 3(a) and 3(b) together. ./_REDACTED__Thompson_Marc_SoS_decision.pdf- ./_REDACTED__Thompson_Marc_SoS_decision.pdf-The panel considered it was more likely than not that this was an occasion when Mr ./_REDACTED__Thompson_Marc_SoS_decision.pdf:Thompson was not sexually motivated but rather acted as he did due to a misguided ./_REDACTED__Thompson_Marc_SoS_decision.pdf-approach to the delivery of this particular assessment. This was a significant error of ./_REDACTED__Thompson_Marc_SoS_decision.pdf:judgement on his part. The fact that matters of a sexual nature were introduced and the ./_REDACTED__Thompson_Marc_SoS_decision.pdf-fact that Mr Thompson did not appear to appreciate the inappropriateness of his actions, ./_REDACTED__Thompson_Marc_SoS_decision.pdf-at the time, were in themselves a matter of concern. Nonetheless, the panel was of the ./_REDACTED__Thompson_Marc_SoS_decision.pdf-view that there was no basis for concluding that his actions, in relation to these ./_REDACTED__Thompson_Marc_SoS_decision.pdf:allegations, were sexually motivated. ./_REDACTED__Thompson_Marc_SoS_decision.pdf- ./_REDACTED__Thompson_Marc_SoS_decision.pdf-In arriving at that conclusion, the panel placed particular emphasis on the following ./_REDACTED__Thompson_Marc_SoS_decision.pdf-factors: ./_REDACTED__Thompson_Marc_SoS_decision.pdf- ./_REDACTED__Thompson_Marc_SoS_decision.pdf- • This was a situation that developed from relatively prosaic beginnings into a ./_REDACTED__Thompson_Marc_SoS_decision.pdf- scenario that became highly inappropriate, in terms of the behaviour Mr Thompson ./_REDACTED__Thompson_Marc_SoS_decision.pdf- encouraged and allowed to occur. It followed this was not a pre-determined course ./_REDACTED__Thompson_Marc_SoS_decision.pdf- of conduct but one that evolved. ./_REDACTED__Thompson_Marc_SoS_decision.pdf- ./_REDACTED__Thompson_Marc_SoS_decision.pdf- • There was nothing secretive about Mr Thompson's actions. The assessments ./_REDACTED__Thompson_Marc_SoS_decision.pdf- were recorded and would therefore have been considered as part of the ./_REDACTED__Thompson_Marc_SoS_decision.pdf- evaluation process. ./_REDACTED__Thompson_Marc_SoS_decision.pdf- ./_REDACTED__Thompson_Marc_SoS_decision.pdf- • Mr Thompson did not target a particular student or students and the lesson ./_REDACTED__Thompson_Marc_SoS_decision.pdf- involved male and female students. ./_REDACTED__Thompson_Marc_SoS_decision.pdf- ./_REDACTED__Thompson_Marc_SoS_decision.pdf- • The specific behaviours evidenced were suggestive in nature, as part of the ./_REDACTED__Thompson_Marc_SoS_decision.pdf: portrayal of characters, rather than being explicitly sexual. ./_REDACTED__Thompson_Marc_SoS_decision.pdf- ./_REDACTED__Thompson_Marc_SoS_decision.pdf- ./_REDACTED__Thompson_Marc_SoS_decision.pdf- ./_REDACTED__Thompson_Marc_SoS_decision.pdf- 18 ./_REDACTED__Thompson_Marc_SoS_decision.pdf- -- ./_REDACTED__Thompson_Marc_SoS_decision.pdf-In addition, this proven behaviour was not of a nature, in the panel's view, that would ./_REDACTED__Thompson_Marc_SoS_decision.pdf:ordinarily result in sexual gratification. ./_REDACTED__Thompson_Marc_SoS_decision.pdf- ./_REDACTED__Thompson_Marc_SoS_decision.pdf-The panel was not, therefore, satisfied that Mr Thompson's conduct in relation to ./_REDACTED__Thompson_Marc_SoS_decision.pdf:allegations 3(a) or 3(b) was sexually motivated. ./_REDACTED__Thompson_Marc_SoS_decision.pdf- ./_REDACTED__Thompson_Marc_SoS_decision.pdf-The panel therefore found allegation 4 not proved. ./_REDACTED__Thompson_Marc_SoS_decision.pdf- ./_REDACTED__Thompson_Marc_SoS_decision.pdf-Findings as to unacceptable professional conduct and/or conduct that ./_REDACTED__Thompson_Marc_SoS_decision.pdf-may bring the profession into disrepute ./_REDACTED__Thompson_Marc_SoS_decision.pdf- ./_REDACTED__Thompson_Marc_SoS_decision.pdf-Having found allegations 3(a) and 3(b) proved, the panel went on to consider whether the ./_REDACTED__Thompson_Marc_SoS_decision.pdf-facts of those proved allegations amounted to unacceptable professional conduct and/or ./_REDACTED__Thompson_Marc_SoS_decision.pdf-conduct that may bring the profession into disrepute. ./_REDACTED__Thompson_Marc_SoS_decision.pdf- -- ./_REDACTED__Thompson_Marc_SoS_decision.pdf-The panel considered its findings in relation to allegations 3(a) and 3(b) together. ./_REDACTED__Thompson_Marc_SoS_decision.pdf- ./_REDACTED__Thompson_Marc_SoS_decision.pdf-The panel took into account Mr Thompson's experience in teaching health and social ./_REDACTED__Thompson_Marc_SoS_decision.pdf-care and the fact that this was a one-off incident. It accepted his actions were not pre- ./_REDACTED__Thompson_Marc_SoS_decision.pdf-planned and evolved during the course of the assessment. There was no clear evidence ./_REDACTED__Thompson_Marc_SoS_decision.pdf-that his actions resulted in significant or enduring harm to those involved. In addition, Mr ./_REDACTED__Thompson_Marc_SoS_decision.pdf-Thompson's conduct related to a role play exercise and the characters being portrayed. ./_REDACTED__Thompson_Marc_SoS_decision.pdf- ./_REDACTED__Thompson_Marc_SoS_decision.pdf-Nonetheless, for the reasons set out in the panel's findings and reasons, Mr Thompson's ./_REDACTED__Thompson_Marc_SoS_decision.pdf-actions were highly inappropriate. Over and above the breaches of the Teachers' ./_REDACTED__Thompson_Marc_SoS_decision.pdf:Standards identified above, he introduced sexual elements and themes into an ./_REDACTED__Thompson_Marc_SoS_decision.pdf-assessment process when that was neither necessary nor justified. The course content ./_REDACTED__Thompson_Marc_SoS_decision.pdf:that he was required to follow made no reference to sexual themes. For those reasons, ./_REDACTED__Thompson_Marc_SoS_decision.pdf-the panel was satisfied that Mr Thompson's conduct amounted to misconduct of a ./_REDACTED__Thompson_Marc_SoS_decision.pdf-serious nature which fell significantly short of the standards expected of the profession. ./_REDACTED__Thompson_Marc_SoS_decision.pdf- ./_REDACTED__Thompson_Marc_SoS_decision.pdf-Accordingly, the panel was satisfied that Mr Thompson was guilty of unacceptable ./_REDACTED__Thompson_Marc_SoS_decision.pdf-professional conduct. ./_REDACTED__Thompson_Marc_SoS_decision.pdf- ./_REDACTED__Thompson_Marc_SoS_decision.pdf-The panel next considered whether Mr Thompson's conduct was such that it may bring ./_REDACTED__Thompson_Marc_SoS_decision.pdf-the profession into disrepute. ./_REDACTED__Thompson_Marc_SoS_decision.pdf- ./_REDACTED__Thompson_Marc_SoS_decision.pdf-The panel took into account the way the teaching profession is viewed by others and -- ./_REDACTED__Thompson_Marc_SoS_decision.pdf-The panel had regard to the particular public interest considerations set out in the Advice ./_REDACTED__Thompson_Marc_SoS_decision.pdf-and, having done so, found a number of them to be relevant in this case, namely: ./_REDACTED__Thompson_Marc_SoS_decision.pdf- ./_REDACTED__Thompson_Marc_SoS_decision.pdf- • the protection of pupils; ./_REDACTED__Thompson_Marc_SoS_decision.pdf- ./_REDACTED__Thompson_Marc_SoS_decision.pdf- • the maintenance of public confidence in the profession; and ./_REDACTED__Thompson_Marc_SoS_decision.pdf- ./_REDACTED__Thompson_Marc_SoS_decision.pdf- • declaring and upholding proper standards of conduct; the interest of retaining the ./_REDACTED__Thompson_Marc_SoS_decision.pdf- teacher in the profession. ./_REDACTED__Thompson_Marc_SoS_decision.pdf- ./_REDACTED__Thompson_Marc_SoS_decision.pdf:In the light of the panel’s findings against Mr Thompson, which involved his use of sexual ./_REDACTED__Thompson_Marc_SoS_decision.pdf-language and innuendo during an assessment and instructing and encouraging pupils to ./_REDACTED__Thompson_Marc_SoS_decision.pdf:undertake inappropriate and sexual actions, there was a strong public interest ./_REDACTED__Thompson_Marc_SoS_decision.pdf-consideration in respect of the protection of pupils. ./_REDACTED__Thompson_Marc_SoS_decision.pdf- ./_REDACTED__Thompson_Marc_SoS_decision.pdf-Similarly, the panel considered that public confidence in the profession could be seriously ./_REDACTED__Thompson_Marc_SoS_decision.pdf-weakened if conduct such as that found against Mr Thompson were not treated with the ./_REDACTED__Thompson_Marc_SoS_decision.pdf-utmost seriousness when regulating the conduct of the profession. ./_REDACTED__Thompson_Marc_SoS_decision.pdf- ./_REDACTED__Thompson_Marc_SoS_decision.pdf-The panel was of the view that a strong public interest consideration in declaring proper ./_REDACTED__Thompson_Marc_SoS_decision.pdf-standards of conduct in the profession was also present as the conduct found against Mr ./_REDACTED__Thompson_Marc_SoS_decision.pdf-Thompson was outside that which could reasonably be tolerated. ./_REDACTED__Thompson_Marc_SoS_decision.pdf- -- ./_REDACTED__Thompson_Marc_SoS_decision.pdf-achieve that aim taking into account the impact that it will have on the individual teacher. ./_REDACTED__Thompson_Marc_SoS_decision.pdf-I have also asked myself, whether a less intrusive measure, such as the published ./_REDACTED__Thompson_Marc_SoS_decision.pdf-finding of unacceptable professional conduct and conduct that may bring the profession ./_REDACTED__Thompson_Marc_SoS_decision.pdf-into disrepute, would itself be sufficient to achieve the overall aim. I have to consider ./_REDACTED__Thompson_Marc_SoS_decision.pdf-whether the consequences of such a publication are themselves sufficient. I have ./_REDACTED__Thompson_Marc_SoS_decision.pdf-considered therefore whether or not prohibiting Mr Thompson, and the impact that will ./_REDACTED__Thompson_Marc_SoS_decision.pdf-have on the teacher, is proportionate and in the public interest. ./_REDACTED__Thompson_Marc_SoS_decision.pdf- ./_REDACTED__Thompson_Marc_SoS_decision.pdf-In this case, I have considered the extent to which a prohibition order would protect ./_REDACTED__Thompson_Marc_SoS_decision.pdf-pupils. The panel has observed, “In the light of the panel’s findings against Mr ./_REDACTED__Thompson_Marc_SoS_decision.pdf:Thompson, which involved his use of sexual language and innuendo during an ./_REDACTED__Thompson_Marc_SoS_decision.pdf- ./_REDACTED__Thompson_Marc_SoS_decision.pdf- ./_REDACTED__Thompson_Marc_SoS_decision.pdf- 25 ./_REDACTED__Thompson_Marc_SoS_decision.pdf- -- ./_REDACTED__Thompson_Marc_SoS_decision.pdf-assessment and instructing and encouraging pupils to undertake inappropriate and ./_REDACTED__Thompson_Marc_SoS_decision.pdf:sexual actions, there was a strong public interest consideration in respect of the ./_REDACTED__Thompson_Marc_SoS_decision.pdf-protection of pupils.” A prohibition order would therefore prevent such a risk from being ./_REDACTED__Thompson_Marc_SoS_decision.pdf-present in the future. ./_REDACTED__Thompson_Marc_SoS_decision.pdf- ./_REDACTED__Thompson_Marc_SoS_decision.pdf-I have also taken into account the panel’s comments on insight and remorse, which the ./_REDACTED__Thompson_Marc_SoS_decision.pdf-panel sets out as follows, “Mr Thompson had shown only limited insight. His insight was, ./_REDACTED__Thompson_Marc_SoS_decision.pdf-at best, emerging and very far from complete. It was clear that, at the time of the ./_REDACTED__Thompson_Marc_SoS_decision.pdf-assessment in question, Mr Thompson did not recognise or understand the inappropriate ./_REDACTED__Thompson_Marc_SoS_decision.pdf-nature of his actions. He had continued to deny, in these proceedings, that his actions ./_REDACTED__Thompson_Marc_SoS_decision.pdf-were inappropriate, although he had shifted his position a little, in a positive direction, in ./_REDACTED__Thompson_Marc_SoS_decision.pdf-his oral evidence. Accordingly, the panel did have continuing concerns regarding Mr -- ./_REDACTED__Thompson_Marc_SoS_decision.pdf-expected of him. To that extent, Mr Thompson had shown a degree of regret and ./_REDACTED__Thompson_Marc_SoS_decision.pdf-remorse. He claimed to have reflected on events and set out, albeit not entirely to the ./_REDACTED__Thompson_Marc_SoS_decision.pdf-panel's satisfaction, things he would have done differently.” ./_REDACTED__Thompson_Marc_SoS_decision.pdf- ./_REDACTED__Thompson_Marc_SoS_decision.pdf-I have also placed considerable weight on the finding “the panel carefully considered ./_REDACTED__Thompson_Marc_SoS_decision.pdf-whether there was a risk of repetition and concluded such risk was limited. The panel did ./_REDACTED__Thompson_Marc_SoS_decision.pdf-have serious concerns regarding the level of insight and understanding shown by Mr ./_REDACTED__Thompson_Marc_SoS_decision.pdf-Thompson. It was also unfortunate that Mr Thompson had provided no substantive ./_REDACTED__Thompson_Marc_SoS_decision.pdf-information by way of recent references or testimonials.” ./_REDACTED__Thompson_Marc_SoS_decision.pdf- ./_REDACTED__Thompson_Marc_SoS_decision.pdf:The panel considered sexual motivation and I have placed weight on the following ./_REDACTED__Thompson_Marc_SoS_decision.pdf-comment “The panel considered it was more likely than not that this was an occasion ./_REDACTED__Thompson_Marc_SoS_decision.pdf:when Mr Thompson was not sexually motivated but rather acted as he did due to a ./_REDACTED__Thompson_Marc_SoS_decision.pdf-misguided approach to the delivery of this particular assessment. This was a significant ./_REDACTED__Thompson_Marc_SoS_decision.pdf:error of judgement on his part. The fact that matters of a sexual nature were introduced ./_REDACTED__Thompson_Marc_SoS_decision.pdf-and the fact that Mr Thompson did not appear to appreciate the inappropriateness of his ./_REDACTED__Thompson_Marc_SoS_decision.pdf-actions, at the time, were in themselves a matter of concern. Nonetheless, the panel was ./_REDACTED__Thompson_Marc_SoS_decision.pdf-of the view that there was no basis for concluding that his actions, in relation to these ./_REDACTED__Thompson_Marc_SoS_decision.pdf:allegations, were sexually motivated.” ./_REDACTED__Thompson_Marc_SoS_decision.pdf- ./_REDACTED__Thompson_Marc_SoS_decision.pdf-I have given weight in my consideration of sanction to the following comment from the ./_REDACTED__Thompson_Marc_SoS_decision.pdf-panel “this was an isolated incident and having gone through this experience, the panel ./_REDACTED__Thompson_Marc_SoS_decision.pdf-considered it was unlikely that Mr Thompson would put himself in the same situation ./_REDACTED__Thompson_Marc_SoS_decision.pdf-again. He had lost his position at the College and these proceedings had been ongoing ./_REDACTED__Thompson_Marc_SoS_decision.pdf-for several years. The panel was satisfied, on balance, it was more likely than not that Mr ./_REDACTED__Thompson_Marc_SoS_decision.pdf-Thompson will have learnt important lessons and his mistakes were unlikely to be ./_REDACTED__Thompson_Marc_SoS_decision.pdf-repeated.” ./_REDACTED__Thompson_Marc_SoS_decision.pdf- ./_REDACTED__Thompson_Marc_SoS_decision.pdf-For these reasons, I have concluded that a prohibition order is not proportionate or in the ./_REDACTED__Ward_Sean_SoS_decision.pdf-conduct that may bring the profession into disrepute, in that whilst employed as the head ./_REDACTED__Ward_Sean_SoS_decision.pdf-of science at Felixstowe School: ./_REDACTED__Ward_Sean_SoS_decision.pdf- ./_REDACTED__Ward_Sean_SoS_decision.pdf-1. Between June 2018 and December 2019 he engaged in and/ or developed an ./_REDACTED__Ward_Sean_SoS_decision.pdf- inappropriate relationship with Pupil A including by: ./_REDACTED__Ward_Sean_SoS_decision.pdf- ./_REDACTED__Ward_Sean_SoS_decision.pdf- a) Contacting her by email and/or telephone; ./_REDACTED__Ward_Sean_SoS_decision.pdf- ./_REDACTED__Ward_Sean_SoS_decision.pdf- b) Engaging in inappropriate conversations with her; ./_REDACTED__Ward_Sean_SoS_decision.pdf- ./_REDACTED__Ward_Sean_SoS_decision.pdf: c) Discussing matters of a sexual nature with her; ./_REDACTED__Ward_Sean_SoS_decision.pdf- ./_REDACTED__Ward_Sean_SoS_decision.pdf- d) Requesting that Pupil A send one or more explicit images of herself to him; ./_REDACTED__Ward_Sean_SoS_decision.pdf- ./_REDACTED__Ward_Sean_SoS_decision.pdf- e) Offering to pay Pupil A in exchange for one or more explicit images of herself; ./_REDACTED__Ward_Sean_SoS_decision.pdf- ./_REDACTED__Ward_Sean_SoS_decision.pdf- f) Receiving one or more explicit images of Pupil A; ./_REDACTED__Ward_Sean_SoS_decision.pdf- ./_REDACTED__Ward_Sean_SoS_decision.pdf- g) Discussing and/or requesting that Pupil A meet him 1:1; ./_REDACTED__Ward_Sean_SoS_decision.pdf- ./_REDACTED__Ward_Sean_SoS_decision.pdf- h) Discussing and/or requesting that Pupil A share a hotel room with him; ./_REDACTED__Ward_Sean_SoS_decision.pdf- ./_REDACTED__Ward_Sean_SoS_decision.pdf: i) Discussing and/or requesting that Pupil A engage in sexual activity with him; and ./_REDACTED__Ward_Sean_SoS_decision.pdf- ./_REDACTED__Ward_Sean_SoS_decision.pdf- j) Stating to Pupil A that he would “dominate” her or words to that effect; ./_REDACTED__Ward_Sean_SoS_decision.pdf- ./_REDACTED__Ward_Sean_SoS_decision.pdf-2. His conduct as may be found proven at Allegation 1(a)-(j) was notwithstanding that ./_REDACTED__Ward_Sean_SoS_decision.pdf- Pupil A was a vulnerable pupil; and ./_REDACTED__Ward_Sean_SoS_decision.pdf- ./_REDACTED__Ward_Sean_SoS_decision.pdf:3. His conduct as may be found proven at Allegation 1(a)-(j) was conduct of a sexual ./_REDACTED__Ward_Sean_SoS_decision.pdf: nature and/or was sexually motivated. ./_REDACTED__Ward_Sean_SoS_decision.pdf- ./_REDACTED__Ward_Sean_SoS_decision.pdf-As set out in the statement of agreed and disputed facts dated 13 May 2022, Mr Ward ./_REDACTED__Ward_Sean_SoS_decision.pdf-admitted allegation 1(a), 1(b), 1(c), 1(f) and 2, although in relation to allegation 1(f) Mr ./_REDACTED__Ward_Sean_SoS_decision.pdf-Ward submitted that he did not view the images. Mr Ward denied allegation 1(d), 1(e), ./_REDACTED__Ward_Sean_SoS_decision.pdf-1(g), 1(h), 1(i), 1(j) and 3. ./_REDACTED__Ward_Sean_SoS_decision.pdf- ./_REDACTED__Ward_Sean_SoS_decision.pdf-Mr Ward further admitted that those admitted facts amounted to unacceptable ./_REDACTED__Ward_Sean_SoS_decision.pdf-professional conduct and/or conduct that may bring the profession into disrepute. ./_REDACTED__Ward_Sean_SoS_decision.pdf- ./_REDACTED__Ward_Sean_SoS_decision.pdf- -- ./_REDACTED__Ward_Sean_SoS_decision.pdf- • Individual B – [REDACTED] ./_REDACTED__Ward_Sean_SoS_decision.pdf- ./_REDACTED__Ward_Sean_SoS_decision.pdf- ./_REDACTED__Ward_Sean_SoS_decision.pdf-Decision and reasons ./_REDACTED__Ward_Sean_SoS_decision.pdf-The panel announced its decision and reasons as follows: ./_REDACTED__Ward_Sean_SoS_decision.pdf- ./_REDACTED__Ward_Sean_SoS_decision.pdf-The panel carefully considered the case before it and reached a decision. ./_REDACTED__Ward_Sean_SoS_decision.pdf- ./_REDACTED__Ward_Sean_SoS_decision.pdf-On 16 August 2018, Felixstowe Academy (‘the School’) was contacted by an ex-member ./_REDACTED__Ward_Sean_SoS_decision.pdf-of staff who informed the head teacher that a pupil had sent them a message on social ./_REDACTED__Ward_Sean_SoS_decision.pdf:media disclosing that Mr Ward had made inappropriate and sexual comments to the pupil ./_REDACTED__Ward_Sean_SoS_decision.pdf-via phone and social media. ./_REDACTED__Ward_Sean_SoS_decision.pdf- ./_REDACTED__Ward_Sean_SoS_decision.pdf-A meeting with Pupil A was held on 30 August 2018 to discuss the disclosure. Mr Ward ./_REDACTED__Ward_Sean_SoS_decision.pdf-was informed about the allegations made by Pupil A. A referral was also made to the ./_REDACTED__Ward_Sean_SoS_decision.pdf-LADO and Mr Ward was suspended. ./_REDACTED__Ward_Sean_SoS_decision.pdf- ./_REDACTED__Ward_Sean_SoS_decision.pdf-A LADO strategy meeting was held, on 7 September 2018, whilst the police investigation ./_REDACTED__Ward_Sean_SoS_decision.pdf-was ongoing. Mr Ward tendered his resignation from his post at the School on 30 ./_REDACTED__Ward_Sean_SoS_decision.pdf-December 2019. ./_REDACTED__Ward_Sean_SoS_decision.pdf- -- ./_REDACTED__Ward_Sean_SoS_decision.pdf- a) Contacting her by email and/or telephone; ./_REDACTED__Ward_Sean_SoS_decision.pdf- ./_REDACTED__Ward_Sean_SoS_decision.pdf-The panel noted that this allegation was admitted. ./_REDACTED__Ward_Sean_SoS_decision.pdf- ./_REDACTED__Ward_Sean_SoS_decision.pdf-The panel noted that Mr Ward admitted that he engaged in an inappropriate relationship ./_REDACTED__Ward_Sean_SoS_decision.pdf-with Pupil A. Mr Ward admitted that he contacted Pupil A via email and telephone, and ./_REDACTED__Ward_Sean_SoS_decision.pdf-that he initially used a mobile phone to text Pupil A anonymously. Approximately one ./_REDACTED__Ward_Sean_SoS_decision.pdf-month later, Mr Ward provided his personal email address, although he submitted that ./_REDACTED__Ward_Sean_SoS_decision.pdf-his intention was to provide support to Pupil A. Mr Ward further admitted that whilst ./_REDACTED__Ward_Sean_SoS_decision.pdf-communicating with Pupil A, he engaged in inappropriate conversations and discussed ./_REDACTED__Ward_Sean_SoS_decision.pdf:matters of a sexual nature with Pupil A. ./_REDACTED__Ward_Sean_SoS_decision.pdf- ./_REDACTED__Ward_Sean_SoS_decision.pdf-In June 2018, Pupil A submitted that she received some messages from an anonymous ./_REDACTED__Ward_Sean_SoS_decision.pdf-phone number which said something to the effect of “how are you?” This was shortly ./_REDACTED__Ward_Sean_SoS_decision.pdf-after [REDACTED] and [REDACTED] . Pupil A submitted that she worked out that it was ./_REDACTED__Ward_Sean_SoS_decision.pdf-Mr Ward who was messaging her and called the number during class when ./_REDACTED__Ward_Sean_SoS_decision.pdf-[REDACTED]. At the end of the lesson, Mr Ward and Pupil A had a discussion in which ./_REDACTED__Ward_Sean_SoS_decision.pdf-he admitted that he had texted her anonymously. At the end of term, Mr Ward then ./_REDACTED__Ward_Sean_SoS_decision.pdf-provided Pupil A with his personal email address. Pupil A expressed that she was not ./_REDACTED__Ward_Sean_SoS_decision.pdf-upset by Mr Ward messaging her, as she believed he was probably worried about her, ./_REDACTED__Ward_Sean_SoS_decision.pdf-but she was surprised that he would do something so risky. -- ./_REDACTED__Ward_Sean_SoS_decision.pdf-evidence. However, the panel found that, notwithstanding this, the email conversations in ./_REDACTED__Ward_Sean_SoS_decision.pdf-the bundle alone amounted to sufficient documentary evidence of Mr Ward engaging in ./_REDACTED__Ward_Sean_SoS_decision.pdf-inappropriate conversations with Pupil A. ./_REDACTED__Ward_Sean_SoS_decision.pdf- ./_REDACTED__Ward_Sean_SoS_decision.pdf-The panel found that this contact amounted to Mr Ward engaging in and/or developing an ./_REDACTED__Ward_Sean_SoS_decision.pdf-inappropriate relationship with Pupil A by engaging in inappropriate conversations with ./_REDACTED__Ward_Sean_SoS_decision.pdf-her in the relevant timeframe. ./_REDACTED__Ward_Sean_SoS_decision.pdf- ./_REDACTED__Ward_Sean_SoS_decision.pdf-The panel found allegation 1(b) proven. ./_REDACTED__Ward_Sean_SoS_decision.pdf- ./_REDACTED__Ward_Sean_SoS_decision.pdf: c) Discussing matters of a sexual nature with her; ./_REDACTED__Ward_Sean_SoS_decision.pdf- ./_REDACTED__Ward_Sean_SoS_decision.pdf-The panel noted that this allegation was admitted. ./_REDACTED__Ward_Sean_SoS_decision.pdf- ./_REDACTED__Ward_Sean_SoS_decision.pdf-The panel noted that Mr Ward admitted that whilst communicating with Pupil A, he ./_REDACTED__Ward_Sean_SoS_decision.pdf:engaged in inappropriate conversations and discussed matters of a sexual nature with ./_REDACTED__Ward_Sean_SoS_decision.pdf-Pupil A. The panel noted that Pupil A had given both written and oral evidence about ./_REDACTED__Ward_Sean_SoS_decision.pdf:discussions that she had with Mr Ward regarding their sexual and personal relationships ./_REDACTED__Ward_Sean_SoS_decision.pdf-including Pupil A’s [REDACTED]. The panel was aware that Mr Ward was not present to ./_REDACTED__Ward_Sean_SoS_decision.pdf-give evidence about this. However, the panel found that Mr Ward had engaged in ./_REDACTED__Ward_Sean_SoS_decision.pdf- ./_REDACTED__Ward_Sean_SoS_decision.pdf- 9 ./_REDACTED__Ward_Sean_SoS_decision.pdf- -- ./_REDACTED__Ward_Sean_SoS_decision.pdf:discussions with Pupil A regarding photographic images of herself of a sexual nature and ./_REDACTED__Ward_Sean_SoS_decision.pdf-which were in fact shared with Mr Ward. ./_REDACTED__Ward_Sean_SoS_decision.pdf- ./_REDACTED__Ward_Sean_SoS_decision.pdf-The panel noted that the email exchanges between Pupil A and Mr Ward in the bundle ./_REDACTED__Ward_Sean_SoS_decision.pdf-contained coarse and inappropriate language which could be interpreted in places as ./_REDACTED__Ward_Sean_SoS_decision.pdf:having an undertone of a sexual nature. In addition, the panel considered that the ./_REDACTED__Ward_Sean_SoS_decision.pdf-matters discussed surrounding images of Pupil A being shared with Mr Ward also ./_REDACTED__Ward_Sean_SoS_decision.pdf:showed that there had been a discussion of a sexual nature for the purposes of this ./_REDACTED__Ward_Sean_SoS_decision.pdf-allegation. ./_REDACTED__Ward_Sean_SoS_decision.pdf- ./_REDACTED__Ward_Sean_SoS_decision.pdf-The panel found that this contact amounted to Mr Ward engaging in and/or developing an ./_REDACTED__Ward_Sean_SoS_decision.pdf:inappropriate relationship with Pupil A by discussing matters of a sexual nature in the ./_REDACTED__Ward_Sean_SoS_decision.pdf-relevant timeframe. ./_REDACTED__Ward_Sean_SoS_decision.pdf- ./_REDACTED__Ward_Sean_SoS_decision.pdf-The panel found allegation 1(c) proven. ./_REDACTED__Ward_Sean_SoS_decision.pdf- ./_REDACTED__Ward_Sean_SoS_decision.pdf- d) Requesting that Pupil A send one or more explicit images of herself to him; ./_REDACTED__Ward_Sean_SoS_decision.pdf- ./_REDACTED__Ward_Sean_SoS_decision.pdf-The panel noted that this allegation was not admitted. Whilst the panel noted that Mr ./_REDACTED__Ward_Sean_SoS_decision.pdf-Ward had admitted to having received the explicit images of Pupil A (although he denied ./_REDACTED__Ward_Sean_SoS_decision.pdf-viewing them), it could not find sufficient evidence, either written or oral, that Mr Ward ./_REDACTED__Ward_Sean_SoS_decision.pdf-had requested the same. The panel felt that Pupil A’s recollection was plausible, but the -- ./_REDACTED__Ward_Sean_SoS_decision.pdf- ./_REDACTED__Ward_Sean_SoS_decision.pdf-The panel noted that this allegation was not admitted. ./_REDACTED__Ward_Sean_SoS_decision.pdf- ./_REDACTED__Ward_Sean_SoS_decision.pdf-The panel noted that Mr Ward denied that he requested images of Pupil A and that he ./_REDACTED__Ward_Sean_SoS_decision.pdf-offered to pay for them. Mr Ward admitted that he did receive one or more explicit images ./_REDACTED__Ward_Sean_SoS_decision.pdf-from Pupil A, but submitted that these images, though received, were not viewed by him. ./_REDACTED__Ward_Sean_SoS_decision.pdf- ./_REDACTED__Ward_Sean_SoS_decision.pdf-The panel noted Pupil A’s evidence which was that, on 1 August 2018, Pupil A was on a ./_REDACTED__Ward_Sean_SoS_decision.pdf-[REDACTED] and had been speaking to Mr Ward. They discussed a site called ./_REDACTED__Ward_Sean_SoS_decision.pdf-‘[REDACTED]’ which is a social network site based upon [REDACTED], where pictures ./_REDACTED__Ward_Sean_SoS_decision.pdf:can be uploaded, often of a sexual nature. Pupil A told Mr Ward that she had previously ./_REDACTED__Ward_Sean_SoS_decision.pdf-had an account but that she had deleted it. He asked her for the account name so that he ./_REDACTED__Ward_Sean_SoS_decision.pdf- ./_REDACTED__Ward_Sean_SoS_decision.pdf- 10 ./_REDACTED__Ward_Sean_SoS_decision.pdf- -- ./_REDACTED__Ward_Sean_SoS_decision.pdf-share a room in a hotel a year ahead when she was [REDACTED] to be a feasible ./_REDACTED__Ward_Sean_SoS_decision.pdf-recollection, the panel was unable to find any evidence in the documentation before it of ./_REDACTED__Ward_Sean_SoS_decision.pdf-Mr Ward having discussed or requested getting a hotel room for them. ./_REDACTED__Ward_Sean_SoS_decision.pdf- ./_REDACTED__Ward_Sean_SoS_decision.pdf-The panel did not find this particular allegation proven on the balance of probabilities ./_REDACTED__Ward_Sean_SoS_decision.pdf-despite the other inappropriate exchanges between Mr Ward and Pupil A. The panel did ./_REDACTED__Ward_Sean_SoS_decision.pdf-not find any evidence of Mr Ward requesting they share a hotel room. ./_REDACTED__Ward_Sean_SoS_decision.pdf- ./_REDACTED__Ward_Sean_SoS_decision.pdf-The panel found allegation 1(h) not proven. ./_REDACTED__Ward_Sean_SoS_decision.pdf- ./_REDACTED__Ward_Sean_SoS_decision.pdf: i) Discussing and/or requesting that Pupil A engage in sexual activity with ./_REDACTED__Ward_Sean_SoS_decision.pdf- him; and ./_REDACTED__Ward_Sean_SoS_decision.pdf- ./_REDACTED__Ward_Sean_SoS_decision.pdf-The panel noted that this allegation was not admitted. ./_REDACTED__Ward_Sean_SoS_decision.pdf- ./_REDACTED__Ward_Sean_SoS_decision.pdf-The panel considered the evidence in the bundle and the comments made by Mr Ward ./_REDACTED__Ward_Sean_SoS_decision.pdf-such as “…you try to constantly maintain an air of I’m not that important to you…” and ./_REDACTED__Ward_Sean_SoS_decision.pdf-that he “should never have acted the way [he] did.” The panel also noted Pupil A’s ./_REDACTED__Ward_Sean_SoS_decision.pdf-evidence which was that she and Mr Ward often discussed her personal life, including ./_REDACTED__Ward_Sean_SoS_decision.pdf-her dating life and that Pupil A said that Mr Ward sometimes gave her hugs during ./_REDACTED__Ward_Sean_SoS_decision.pdf-School. -- ./_REDACTED__Ward_Sean_SoS_decision.pdf-The panel noted that Pupil A confirmed that, at no point did she go to his house, meet up ./_REDACTED__Ward_Sean_SoS_decision.pdf:with him elsewhere, or engage in sexual activity with him. ./_REDACTED__Ward_Sean_SoS_decision.pdf- ./_REDACTED__Ward_Sean_SoS_decision.pdf-Although the panel noted that Mr Ward admitted that whilst communicating with Pupil A, ./_REDACTED__Ward_Sean_SoS_decision.pdf:he engaged in inappropriate conversations and discussed matters of a sexual nature with ./_REDACTED__Ward_Sean_SoS_decision.pdf-Pupil A, they did not find that there was evidence before it which suggested that Mr Ward ./_REDACTED__Ward_Sean_SoS_decision.pdf:and Pupil A had engaged in sexual activity. The panel did not find evidence that Mr Ward ./_REDACTED__Ward_Sean_SoS_decision.pdf:had discussed or requested that Pupil A engage specifically in sexual activity with him ./_REDACTED__Ward_Sean_SoS_decision.pdf-despite Pupil A saying in oral evidence that she felt that this was intimated. The panel did ./_REDACTED__Ward_Sean_SoS_decision.pdf-note that it was concerning that Pupil A was given the impression by Mr Ward that this is ./_REDACTED__Ward_Sean_SoS_decision.pdf:what would happen but did not find explicit evidence of or reference to “sexual activity.” ./_REDACTED__Ward_Sean_SoS_decision.pdf:The panel carefully considered the definition of sexual activity in reaching its decision. ./_REDACTED__Ward_Sean_SoS_decision.pdf- ./_REDACTED__Ward_Sean_SoS_decision.pdf-The panel found allegation 1(i) not proven. ./_REDACTED__Ward_Sean_SoS_decision.pdf- ./_REDACTED__Ward_Sean_SoS_decision.pdf- j) Stating to Pupil A that he would “dominate” her or words to that effect; ./_REDACTED__Ward_Sean_SoS_decision.pdf- ./_REDACTED__Ward_Sean_SoS_decision.pdf-The panel noted that this allegation was not admitted. ./_REDACTED__Ward_Sean_SoS_decision.pdf- ./_REDACTED__Ward_Sean_SoS_decision.pdf-The panel did not find any explicit evidence or reference to Mr Ward saying that he would ./_REDACTED__Ward_Sean_SoS_decision.pdf-“dominate” her although it noted that Pupil A disclosed to Mr Ward that one of her ./_REDACTED__Ward_Sean_SoS_decision.pdf-[REDACTED]. The panel noted Pupil A’s evidence which was that, on one occasion, Mr -- ./_REDACTED__Ward_Sean_SoS_decision.pdf-Pupil A explained that she was [REDACTED] a number of times throughout her time at ./_REDACTED__Ward_Sean_SoS_decision.pdf-the School, for various reasons. Mr Ward was aware of her vulnerabilities and had ./_REDACTED__Ward_Sean_SoS_decision.pdf-personally [REDACTED] on at least 3 occasions. Mr Ward was also aware that ./_REDACTED__Ward_Sean_SoS_decision.pdf-[REDACTED] in June 2018 and this was when the messages began. The panel was ./_REDACTED__Ward_Sean_SoS_decision.pdf-concerned that the first contact made by him was following [REDACTED] and was made ./_REDACTED__Ward_Sean_SoS_decision.pdf-anonymously and via a personal means of contact. ./_REDACTED__Ward_Sean_SoS_decision.pdf- ./_REDACTED__Ward_Sean_SoS_decision.pdf-The panel found allegation 2 proven. ./_REDACTED__Ward_Sean_SoS_decision.pdf- ./_REDACTED__Ward_Sean_SoS_decision.pdf-3. His conduct as may be found proven at Allegation 1(a)-(j) was conduct of a ./_REDACTED__Ward_Sean_SoS_decision.pdf: sexual nature and/or was sexually motivated. ./_REDACTED__Ward_Sean_SoS_decision.pdf- ./_REDACTED__Ward_Sean_SoS_decision.pdf-The panel noted that this allegation was not admitted. ./_REDACTED__Ward_Sean_SoS_decision.pdf- ./_REDACTED__Ward_Sean_SoS_decision.pdf:The panel noted that Mr Ward denied that his conduct was of a sexual nature and/or ./_REDACTED__Ward_Sean_SoS_decision.pdf:sexually motivated, though he accepted that his conduct involved inappropriate ./_REDACTED__Ward_Sean_SoS_decision.pdf:discussions of a sexual nature. ./_REDACTED__Ward_Sean_SoS_decision.pdf- ./_REDACTED__Ward_Sean_SoS_decision.pdf-The panel also noted that Mr Ward had admitted to receiving photographic images of ./_REDACTED__Ward_Sean_SoS_decision.pdf:Pupil A which were of a sexual nature although he denied having viewed them. The ./_REDACTED__Ward_Sean_SoS_decision.pdf-panel considered that Mr Ward knew what the pictures would be before receiving them ./_REDACTED__Ward_Sean_SoS_decision.pdf:and that they were of a sexual nature. The panel did not consider there to be any ./_REDACTED__Ward_Sean_SoS_decision.pdf:plausible explanation given for receiving these images other than the potential for sexual ./_REDACTED__Ward_Sean_SoS_decision.pdf-gratification and, therefore, on the balance of probabilities, this was more likely to be ./_REDACTED__Ward_Sean_SoS_decision.pdf:sexually motivated than not. ./_REDACTED__Ward_Sean_SoS_decision.pdf- ./_REDACTED__Ward_Sean_SoS_decision.pdf-The panel considered Pupil A’s evidence which was that Mr Ward tried calling Pupil A on ./_REDACTED__Ward_Sean_SoS_decision.pdf-23 August 2018 from a blocked number but when she realised it was him she hung up. ./_REDACTED__Ward_Sean_SoS_decision.pdf-Mr Ward followed up with an email saying “where do I stand” and then sent a further ./_REDACTED__Ward_Sean_SoS_decision.pdf-email saying “I have a son, I need to know what to prepare for him if I’m going to prison, ./_REDACTED__Ward_Sean_SoS_decision.pdf-please let me know”. ./_REDACTED__Ward_Sean_SoS_decision.pdf- ./_REDACTED__Ward_Sean_SoS_decision.pdf-The panel noted that it was concerning that Pupil A was given the impression by Mr Ward ./_REDACTED__Ward_Sean_SoS_decision.pdf:that something sexual would happen if they were to meet up. The panel carefully ./_REDACTED__Ward_Sean_SoS_decision.pdf:considered the definition of sexual nature and sexual motivation in reaching its decision. ./_REDACTED__Ward_Sean_SoS_decision.pdf- ./_REDACTED__Ward_Sean_SoS_decision.pdf-The panel’s attention was drawn to section 78 Sexual Offences Act 2003 and to the ./_REDACTED__Ward_Sean_SoS_decision.pdf-cases of Sait v The General Medical Council [2018], Basson v General Medical Council ./_REDACTED__Ward_Sean_SoS_decision.pdf-[2018] and The General Medical Council v Haris [2020] EWHC 2518. ./_REDACTED__Ward_Sean_SoS_decision.pdf- ./_REDACTED__Ward_Sean_SoS_decision.pdf:The panel considered whether the conduct was sexually motivated. It noted that in ./_REDACTED__Ward_Sean_SoS_decision.pdf:Basson it was stated that “A sexual motive means that the conduct was done either in ./_REDACTED__Ward_Sean_SoS_decision.pdf:pursuit of sexual gratification or in pursuit of a sexual relationship”. ./_REDACTED__Ward_Sean_SoS_decision.pdf- ./_REDACTED__Ward_Sean_SoS_decision.pdf- ./_REDACTED__Ward_Sean_SoS_decision.pdf- ./_REDACTED__Ward_Sean_SoS_decision.pdf- ./_REDACTED__Ward_Sean_SoS_decision.pdf- 14 ./_REDACTED__Ward_Sean_SoS_decision.pdf- -- ./_REDACTED__Ward_Sean_SoS_decision.pdf-The panel was also mindful of the Court of Appeal’s conclusion in General Medical ./_REDACTED__Ward_Sean_SoS_decision.pdf-Council v Haris [2021] EWCA Civ 763. The court found in that case that, “In the absence ./_REDACTED__Ward_Sean_SoS_decision.pdf-of a plausible innocent explanation for what he did, the facts spoke for themselves.” ./_REDACTED__Ward_Sean_SoS_decision.pdf- ./_REDACTED__Ward_Sean_SoS_decision.pdf:The panel found that some of the conduct found proven was inherently sexual. In ./_REDACTED__Ward_Sean_SoS_decision.pdf:addition, some of the conduct could be deemed to be in pursuit of a sexual relationship ./_REDACTED__Ward_Sean_SoS_decision.pdf-including some of the inappropriate discussions that Pupil A and Mr Ward had about ./_REDACTED__Ward_Sean_SoS_decision.pdf:sexual and personal matters. The panel also considered that Mr Ward had said in writing ./_REDACTED__Ward_Sean_SoS_decision.pdf-to Pupil A “I have a [REDACTED], I need to know what to prepare for him if I’m going to ./_REDACTED__Ward_Sean_SoS_decision.pdf-prison, please let me know.” ./_REDACTED__Ward_Sean_SoS_decision.pdf- ./_REDACTED__Ward_Sean_SoS_decision.pdf-The panel considered whether there was a “plausible innocent explanation” for Mr Ward’s ./_REDACTED__Ward_Sean_SoS_decision.pdf-behaviour. ./_REDACTED__Ward_Sean_SoS_decision.pdf- ./_REDACTED__Ward_Sean_SoS_decision.pdf-The panel could not find a “plausible innocent explanation” for the conduct. The panel felt ./_REDACTED__Ward_Sean_SoS_decision.pdf:that the pattern of behaviour suggested an intent for sexually motivated contact and/or ./_REDACTED__Ward_Sean_SoS_decision.pdf:discussions of a sexual nature with Pupil A and found that this amounted to, on the ./_REDACTED__Ward_Sean_SoS_decision.pdf:balance of probabilities, conduct which was of a sexual nature and/or was sexually ./_REDACTED__Ward_Sean_SoS_decision.pdf-motivated. ./_REDACTED__Ward_Sean_SoS_decision.pdf- ./_REDACTED__Ward_Sean_SoS_decision.pdf-The panel found allegation 3 proven. ./_REDACTED__Ward_Sean_SoS_decision.pdf- ./_REDACTED__Ward_Sean_SoS_decision.pdf-Findings as to unacceptable professional conduct and/or conduct that ./_REDACTED__Ward_Sean_SoS_decision.pdf-may bring the profession into disrepute ./_REDACTED__Ward_Sean_SoS_decision.pdf- ./_REDACTED__Ward_Sean_SoS_decision.pdf-Having found a number of the allegations proved, the panel went on to consider whether ./_REDACTED__Ward_Sean_SoS_decision.pdf-the facts of those proved allegations amounted to unacceptable professional conduct ./_REDACTED__Ward_Sean_SoS_decision.pdf-and/or conduct that may bring the profession into disrepute. -- ./_REDACTED__Ward_Sean_SoS_decision.pdf- ./_REDACTED__Ward_Sean_SoS_decision.pdf- • Teachers must have an understanding of, and always act within, the statutory ./_REDACTED__Ward_Sean_SoS_decision.pdf- frameworks which set out their professional duties and responsibilities. ./_REDACTED__Ward_Sean_SoS_decision.pdf- ./_REDACTED__Ward_Sean_SoS_decision.pdf-The panel was satisfied that the conduct of Mr Ward amounted to misconduct of a ./_REDACTED__Ward_Sean_SoS_decision.pdf-serious nature which fell significantly short of the standards expected of the profession. ./_REDACTED__Ward_Sean_SoS_decision.pdf- ./_REDACTED__Ward_Sean_SoS_decision.pdf-The panel also considered whether Mr Ward’s conduct displayed behaviours associated ./_REDACTED__Ward_Sean_SoS_decision.pdf-with any of the offences listed on pages 12 and 13 of the Advice. ./_REDACTED__Ward_Sean_SoS_decision.pdf- ./_REDACTED__Ward_Sean_SoS_decision.pdf:The panel found that the offence of sexual communication with a child and any activity ./_REDACTED__Ward_Sean_SoS_decision.pdf-involving viewing, taking, making, possessing, distributing or publishing any indecent ./_REDACTED__Ward_Sean_SoS_decision.pdf-photograph or image or indecent pseudo photograph or image of a child, or permitting ./_REDACTED__Ward_Sean_SoS_decision.pdf-such activity, including one-off incidents were relevant. The Advice indicates that where ./_REDACTED__Ward_Sean_SoS_decision.pdf-behaviours associated with such an offence exist, a panel is more likely to conclude that ./_REDACTED__Ward_Sean_SoS_decision.pdf-an individual’s conduct would amount to unacceptable professional conduct. ./_REDACTED__Ward_Sean_SoS_decision.pdf- ./_REDACTED__Ward_Sean_SoS_decision.pdf-The panel noted that the allegations took place outside the education setting in that Mr ./_REDACTED__Ward_Sean_SoS_decision.pdf-Ward was communicating with Pupil A outside of school hours, via telephone and email, ./_REDACTED__Ward_Sean_SoS_decision.pdf-and about topics that did not concern education. Despite this, given that Mr Ward was ./_REDACTED__Ward_Sean_SoS_decision.pdf-Pupil A’s teacher, the panel believed that Mr Ward’s conduct was relevant to his -- ./_REDACTED__Ward_Sean_SoS_decision.pdf- ./_REDACTED__Ward_Sean_SoS_decision.pdf-The panel had regard to the particular public interest considerations set out in the Advice ./_REDACTED__Ward_Sean_SoS_decision.pdf-and, having done so, found a number of them to be relevant in this case, namely: the ./_REDACTED__Ward_Sean_SoS_decision.pdf-safeguarding and wellbeing of pupils and the protection of other members of the public; ./_REDACTED__Ward_Sean_SoS_decision.pdf-the maintenance of public confidence in the profession; declaring and upholding proper ./_REDACTED__Ward_Sean_SoS_decision.pdf-standards of conduct; and that prohibition strikes the right balance between the rights of ./_REDACTED__Ward_Sean_SoS_decision.pdf-the teacher and the public interest, if they are in conflict. ./_REDACTED__Ward_Sean_SoS_decision.pdf- ./_REDACTED__Ward_Sean_SoS_decision.pdf-In the light of the panel’s findings against Mr Ward which involved engaging in/and or ./_REDACTED__Ward_Sean_SoS_decision.pdf-developing an inappropriate relationship with Pupil A in several ways including discussing ./_REDACTED__Ward_Sean_SoS_decision.pdf:matters of a sexual nature and receiving sexual images which suggested a sexual ./_REDACTED__Ward_Sean_SoS_decision.pdf-motive, there was a strong public interest consideration in respect of the protection of ./_REDACTED__Ward_Sean_SoS_decision.pdf-pupils, given the serious findings of inappropriate relationships with children. ./_REDACTED__Ward_Sean_SoS_decision.pdf- ./_REDACTED__Ward_Sean_SoS_decision.pdf-Similarly, the panel considered that public confidence in the profession could be seriously ./_REDACTED__Ward_Sean_SoS_decision.pdf-weakened if conduct such as that found against Mr Ward was not treated with the utmost ./_REDACTED__Ward_Sean_SoS_decision.pdf-seriousness when regulating the conduct of the profession. ./_REDACTED__Ward_Sean_SoS_decision.pdf- ./_REDACTED__Ward_Sean_SoS_decision.pdf-The panel was of the view that a strong public interest consideration in declaring proper ./_REDACTED__Ward_Sean_SoS_decision.pdf-standards of conduct in the profession was also present as the conduct found against Mr ./_REDACTED__Ward_Sean_SoS_decision.pdf-Ward was outside that which could reasonably be tolerated. -- ./_REDACTED__Ward_Sean_SoS_decision.pdf- ./_REDACTED__Ward_Sean_SoS_decision.pdf- • serious departure from the personal and professional conduct elements of the ./_REDACTED__Ward_Sean_SoS_decision.pdf- Teachers’ Standards; ./_REDACTED__Ward_Sean_SoS_decision.pdf- ./_REDACTED__Ward_Sean_SoS_decision.pdf- • misconduct seriously affecting the education and/or well-being of pupils, and ./_REDACTED__Ward_Sean_SoS_decision.pdf- particularly where there is a continuing risk; ./_REDACTED__Ward_Sean_SoS_decision.pdf- ./_REDACTED__Ward_Sean_SoS_decision.pdf- • abuse of position or trust (particularly involving pupils); ./_REDACTED__Ward_Sean_SoS_decision.pdf- ./_REDACTED__Ward_Sean_SoS_decision.pdf- • an abuse of any trust, knowledge or influence grained through their professional ./_REDACTED__Ward_Sean_SoS_decision.pdf: position in order to advance a romantic or sexual relationship with a pupil or former ./_REDACTED__Ward_Sean_SoS_decision.pdf- pupil; ./_REDACTED__Ward_Sean_SoS_decision.pdf- ./_REDACTED__Ward_Sean_SoS_decision.pdf: • sexual misconduct, for example, involving actions that were sexually motivated or ./_REDACTED__Ward_Sean_SoS_decision.pdf: of a sexual nature and/or that use or exploit the trust, knowledge or influence ./_REDACTED__Ward_Sean_SoS_decision.pdf- derived from the individual’s professional position; ./_REDACTED__Ward_Sean_SoS_decision.pdf- ./_REDACTED__Ward_Sean_SoS_decision.pdf- • any activity involving viewing, taking, making, possessing, distributing or ./_REDACTED__Ward_Sean_SoS_decision.pdf- publishing any indecent photograph or image or pseudo photograph or image of a ./_REDACTED__Ward_Sean_SoS_decision.pdf- child, or permitting such activity, including one-off incidents; ./_REDACTED__Ward_Sean_SoS_decision.pdf- ./_REDACTED__Ward_Sean_SoS_decision.pdf- • failure in their duty of care towards a child, including exposing a child to risk or ./_REDACTED__Ward_Sean_SoS_decision.pdf- failing to promote the safety and welfare of the children (as set out in Part 1 of ./_REDACTED__Ward_Sean_SoS_decision.pdf- KCSIE); and ./_REDACTED__Ward_Sean_SoS_decision.pdf- -- ./_REDACTED__Ward_Sean_SoS_decision.pdf-The panel was of the view that, applying the standard of the ordinary intelligent citizen, it ./_REDACTED__Ward_Sean_SoS_decision.pdf-would not be a proportionate and appropriate response to recommend no prohibition ./_REDACTED__Ward_Sean_SoS_decision.pdf-order. Recommending that the publication of adverse findings would be sufficient would ./_REDACTED__Ward_Sean_SoS_decision.pdf-unacceptably compromise the public interest considerations present in this case, despite ./_REDACTED__Ward_Sean_SoS_decision.pdf-the severity of the consequences for Mr Ward of prohibition. ./_REDACTED__Ward_Sean_SoS_decision.pdf- ./_REDACTED__Ward_Sean_SoS_decision.pdf-The panel was of the view that prohibition was both proportionate and appropriate. The ./_REDACTED__Ward_Sean_SoS_decision.pdf-panel decided that the public interest considerations outweighed the interests of Mr ./_REDACTED__Ward_Sean_SoS_decision.pdf-Ward. The panel noted that Mr Ward had not engaged in the School’s internal ./_REDACTED__Ward_Sean_SoS_decision.pdf-investigation and had shown limited engagement in the TRA process although this was ./_REDACTED__Ward_Sean_SoS_decision.pdf:not the main deciding factor for the panel. Mr Ward’s sexually motivated and serious ./_REDACTED__Ward_Sean_SoS_decision.pdf-actions and behaviours and his relatively weak display of insight into those actions was a ./_REDACTED__Ward_Sean_SoS_decision.pdf-significant factor in determining that a prohibition order was appropriate. Accordingly, the ./_REDACTED__Ward_Sean_SoS_decision.pdf-panel made a recommendation to the Secretary of State that a prohibition order should ./_REDACTED__Ward_Sean_SoS_decision.pdf-be imposed. ./_REDACTED__Ward_Sean_SoS_decision.pdf- ./_REDACTED__Ward_Sean_SoS_decision.pdf-The panel went on to consider whether or not it would be appropriate to recommend a ./_REDACTED__Ward_Sean_SoS_decision.pdf-review period of the order. The panel was mindful that the Advice states that a prohibition ./_REDACTED__Ward_Sean_SoS_decision.pdf-order applies for life, but there may be circumstances, in any given case, that may make ./_REDACTED__Ward_Sean_SoS_decision.pdf-it appropriate to allow a teacher to apply to have the prohibition order set aside after a ./_REDACTED__Ward_Sean_SoS_decision.pdf-specified period of time that may not be less than 2 years. ./_REDACTED__Ward_Sean_SoS_decision.pdf- ./_REDACTED__Ward_Sean_SoS_decision.pdf-The Advice indicates that there are behaviours that, if proved, would militate against the ./_REDACTED__Ward_Sean_SoS_decision.pdf-recommendation of a review period. These behaviours include: ./_REDACTED__Ward_Sean_SoS_decision.pdf- ./_REDACTED__Ward_Sean_SoS_decision.pdf: • Serious sexual misconduct, such as where the act was sexually motivated and ./_REDACTED__Ward_Sean_SoS_decision.pdf- resulted in, or had the potential to result in, harm to a person or persons, ./_REDACTED__Ward_Sean_SoS_decision.pdf- particularly where the individual has used his professional position to influence or ./_REDACTED__Ward_Sean_SoS_decision.pdf- exploit a person or persons; ./_REDACTED__Ward_Sean_SoS_decision.pdf- ./_REDACTED__Ward_Sean_SoS_decision.pdf: • Any sexual misconduct involving a child; and ./_REDACTED__Ward_Sean_SoS_decision.pdf- ./_REDACTED__Ward_Sean_SoS_decision.pdf- • Any activity involving viewing, taking, making, possessing, distributing or ./_REDACTED__Ward_Sean_SoS_decision.pdf- publishing any indecent photograph or image or indecent pseudo photograph or ./_REDACTED__Ward_Sean_SoS_decision.pdf- image of a child, or permitting such activity, including one-off incidents. ./_REDACTED__Ward_Sean_SoS_decision.pdf- ./_REDACTED__Ward_Sean_SoS_decision.pdf-The panel found that Mr Ward was responsible for engaging in an inappropriate ./_REDACTED__Ward_Sean_SoS_decision.pdf:relationship with Pupil A that was of a sexual nature/sexually motivated. ./_REDACTED__Ward_Sean_SoS_decision.pdf- ./_REDACTED__Ward_Sean_SoS_decision.pdf-The Advice also indicates that there are behaviours that, if proved, would have greater ./_REDACTED__Ward_Sean_SoS_decision.pdf-relevance and weigh in favour of a longer review period. The panel did not find that any ./_REDACTED__Ward_Sean_SoS_decision.pdf-of these behaviours were relevant. The panel did not have any evidence before it which ./_REDACTED__Ward_Sean_SoS_decision.pdf-indicated that Mr Ward had demonstrated sufficient insight into his actions or that gave ./_REDACTED__Ward_Sean_SoS_decision.pdf-the panel confidence that he would not repeat such behaviour in the future. ./_REDACTED__Ward_Sean_SoS_decision.pdf- ./_REDACTED__Ward_Sean_SoS_decision.pdf- ./_REDACTED__Ward_Sean_SoS_decision.pdf- 20 ./_REDACTED__Ward_Sean_SoS_decision.pdf- -- ./_REDACTED__Ward_Sean_SoS_decision.pdf- ./_REDACTED__Ward_Sean_SoS_decision.pdf- • serious departure from the personal and professional conduct elements of the ./_REDACTED__Ward_Sean_SoS_decision.pdf- Teachers’ Standards; ./_REDACTED__Ward_Sean_SoS_decision.pdf- ./_REDACTED__Ward_Sean_SoS_decision.pdf- • misconduct seriously affecting the education and/or well-being of pupils, and ./_REDACTED__Ward_Sean_SoS_decision.pdf- particularly where there is a continuing risk; ./_REDACTED__Ward_Sean_SoS_decision.pdf- ./_REDACTED__Ward_Sean_SoS_decision.pdf- • abuse of position or trust (particularly involving pupils); ./_REDACTED__Ward_Sean_SoS_decision.pdf- ./_REDACTED__Ward_Sean_SoS_decision.pdf- • an abuse of any trust, knowledge or influence grained through their professional ./_REDACTED__Ward_Sean_SoS_decision.pdf: position in order to advance a romantic or sexual relationship with a pupil or former ./_REDACTED__Ward_Sean_SoS_decision.pdf- pupil; ./_REDACTED__Ward_Sean_SoS_decision.pdf- ./_REDACTED__Ward_Sean_SoS_decision.pdf: • sexual misconduct, for example, involving actions that were sexually motivated or ./_REDACTED__Ward_Sean_SoS_decision.pdf: of a sexual nature and/or that use or exploit the trust, knowledge or influence ./_REDACTED__Ward_Sean_SoS_decision.pdf- derived from the individual’s professional position; ./_REDACTED__Ward_Sean_SoS_decision.pdf- ./_REDACTED__Ward_Sean_SoS_decision.pdf- • any activity involving viewing, taking, making, possessing, distributing or ./_REDACTED__Ward_Sean_SoS_decision.pdf- publishing any indecent photograph or image or pseudo photograph or image of a ./_REDACTED__Ward_Sean_SoS_decision.pdf- child, or permitting such activity, including one-off incidents; ./_REDACTED__Ward_Sean_SoS_decision.pdf- ./_REDACTED__Ward_Sean_SoS_decision.pdf- • failure in their duty of care towards a child, including exposing a child to risk or ./_REDACTED__Ward_Sean_SoS_decision.pdf- failing to promote the safety and welfare of the children (as set out in Part 1 of ./_REDACTED__Ward_Sean_SoS_decision.pdf- KCSIE); and ./_REDACTED__Ward_Sean_SoS_decision.pdf- -- ./_REDACTED__Ward_Sean_SoS_decision.pdf-into disrepute, would itself be sufficient to achieve the overall aim. I have to consider ./_REDACTED__Ward_Sean_SoS_decision.pdf-whether the consequences of such a publication are themselves sufficient. I have ./_REDACTED__Ward_Sean_SoS_decision.pdf-considered therefore whether or not prohibiting Mr Ward, and the impact that will have on ./_REDACTED__Ward_Sean_SoS_decision.pdf-the teacher, is proportionate and in the public interest. ./_REDACTED__Ward_Sean_SoS_decision.pdf- ./_REDACTED__Ward_Sean_SoS_decision.pdf-In this case, I have considered the extent to which a prohibition order would protect ./_REDACTED__Ward_Sean_SoS_decision.pdf-children and safeguard pupils. In its recommendation the panel states that “In the light of ./_REDACTED__Ward_Sean_SoS_decision.pdf-the panel’s findings against Mr Ward which involved engaging in/and or developing an ./_REDACTED__Ward_Sean_SoS_decision.pdf-inappropriate relationship with Pupil A in several ways including discussing matters of a ./_REDACTED__Ward_Sean_SoS_decision.pdf:sexual nature and receiving sexual images which suggested a sexual motive, there was ./_REDACTED__Ward_Sean_SoS_decision.pdf-a strong public interest consideration in respect of the protection of pupils, given the ./_REDACTED__Ward_Sean_SoS_decision.pdf-serious findings of inappropriate relationships with children.” A prohibition order would ./_REDACTED__Ward_Sean_SoS_decision.pdf-therefore prevent such a risk from being present in the future. ./_REDACTED__Ward_Sean_SoS_decision.pdf- ./_REDACTED__Ward_Sean_SoS_decision.pdf-I have also taken into account the panel’s comments on insight and remorse, which the ./_REDACTED__Ward_Sean_SoS_decision.pdf-panel sets out as follows, “There was no evidence that Mr Ward’s actions were not ./_REDACTED__Ward_Sean_SoS_decision.pdf-deliberate.”. It goes on to state that “There was no evidence to suggest that Mr Ward ./_REDACTED__Ward_Sean_SoS_decision.pdf-was acting under extreme duress, and, in fact, the panel found Mr Ward’s actions to be ./_REDACTED__Ward_Sean_SoS_decision.pdf-calculated and motivated.”. ./_REDACTED__Ward_Sean_SoS_decision.pdf- -- ./_REDACTED__Ward_Sean_SoS_decision.pdf-offer sincere apologies to both Pupil A and the school” but goes on to state that “…it was ./_REDACTED__Ward_Sean_SoS_decision.pdf-concerned that these were not sufficiently compelling.”. In light of the seriousness of the ./_REDACTED__Ward_Sean_SoS_decision.pdf-Panel’s findings I have given this element considerable weight in reaching my decision. ./_REDACTED__Ward_Sean_SoS_decision.pdf- ./_REDACTED__Ward_Sean_SoS_decision.pdf-I have gone on to consider the extent to which a prohibition order would maintain public ./_REDACTED__Ward_Sean_SoS_decision.pdf-confidence in the profession. The panel observe, “that public confidence in the profession ./_REDACTED__Ward_Sean_SoS_decision.pdf-could be seriously weakened if conduct such as that found against Mr Ward was not ./_REDACTED__Ward_Sean_SoS_decision.pdf-treated with the utmost seriousness when regulating the conduct of the profession.”. I am ./_REDACTED__Ward_Sean_SoS_decision.pdf-particularly mindful of the findings against Mr Ward which involved engaging in/and or ./_REDACTED__Ward_Sean_SoS_decision.pdf-developing an inappropriate relationship with Pupil A in several ways including discussing ./_REDACTED__Ward_Sean_SoS_decision.pdf:matters of a sexual nature and receiving sexual images which suggested a sexual motive ./_REDACTED__Ward_Sean_SoS_decision.pdf-in this case and the impact that such findings have on the reputation of the profession. ./_REDACTED__Ward_Sean_SoS_decision.pdf- ./_REDACTED__Ward_Sean_SoS_decision.pdf-I have had to consider that the public has a high expectation of professional standards of ./_REDACTED__Ward_Sean_SoS_decision.pdf-all teachers and that the public might regard a failure to impose a prohibition order as a ./_REDACTED__Ward_Sean_SoS_decision.pdf-failure to uphold those high standards. In weighing these considerations, I have had to ./_REDACTED__Ward_Sean_SoS_decision.pdf- ./_REDACTED__Ward_Sean_SoS_decision.pdf- ./_REDACTED__Ward_Sean_SoS_decision.pdf- ./_REDACTED__Ward_Sean_SoS_decision.pdf- 23 ./_REDACTED__Ward_Sean_SoS_decision.pdf- -- ./_REDACTED__Ward_Sean_SoS_decision.pdf-For these reasons, I have concluded that a prohibition order is proportionate and in the ./_REDACTED__Ward_Sean_SoS_decision.pdf-public interest in order to achieve the intended aims of a prohibition order. ./_REDACTED__Ward_Sean_SoS_decision.pdf- ./_REDACTED__Ward_Sean_SoS_decision.pdf-I have gone on to consider the matter of a review period. In this case, the panel has ./_REDACTED__Ward_Sean_SoS_decision.pdf-recommended that no provision should be made for a review period. ./_REDACTED__Ward_Sean_SoS_decision.pdf- ./_REDACTED__Ward_Sean_SoS_decision.pdf-In its recommendation the Panel notes that the Advice indicates that there are ./_REDACTED__Ward_Sean_SoS_decision.pdf-behaviours that, if proved, would militate against the recommendation of a review period. ./_REDACTED__Ward_Sean_SoS_decision.pdf-These behaviours include: ./_REDACTED__Ward_Sean_SoS_decision.pdf- ./_REDACTED__Ward_Sean_SoS_decision.pdf: • Serious sexual misconduct, such as where the act was sexually motivated and ./_REDACTED__Ward_Sean_SoS_decision.pdf- resulted in, or had the potential to result in, harm to a person or persons, ./_REDACTED__Ward_Sean_SoS_decision.pdf- particularly where the individual has used his professional position to influence or ./_REDACTED__Ward_Sean_SoS_decision.pdf- exploit a person or persons; ./_REDACTED__Ward_Sean_SoS_decision.pdf- ./_REDACTED__Ward_Sean_SoS_decision.pdf: • Any sexual misconduct involving a child; and ./_REDACTED__Ward_Sean_SoS_decision.pdf- ./_REDACTED__Ward_Sean_SoS_decision.pdf- ./_REDACTED__Ward_Sean_SoS_decision.pdf- ./_REDACTED__Ward_Sean_SoS_decision.pdf- ./_REDACTED__Ward_Sean_SoS_decision.pdf- 24 ./_REDACTED__Ward_Sean_SoS_decision.pdf- -- ./_REDACTED__Ward_Sean_SoS_decision.pdf- • Any activity involving viewing, taking, making, possessing, distributing or ./_REDACTED__Ward_Sean_SoS_decision.pdf- publishing any indecent photograph or image or indecent pseudo photograph or ./_REDACTED__Ward_Sean_SoS_decision.pdf- image of a child, or permitting such activity, including one-off incidents. ./_REDACTED__Ward_Sean_SoS_decision.pdf- ./_REDACTED__Ward_Sean_SoS_decision.pdf-The panel found that Mr Ward was responsible for engaging in an inappropriate ./_REDACTED__Ward_Sean_SoS_decision.pdf:relationship with Pupil A that was of a sexual nature/sexually motivated and felt that “…it ./_REDACTED__Ward_Sean_SoS_decision.pdf-did not have any evidence before it which indicated that Mr Ward had demonstrated ./_REDACTED__Ward_Sean_SoS_decision.pdf-sufficient insight into his actions or that gave the panel confidence that he would not ./_REDACTED__Ward_Sean_SoS_decision.pdf-repeat such behaviour in the future.”. ./_REDACTED__Ward_Sean_SoS_decision.pdf- ./_REDACTED__Ward_Sean_SoS_decision.pdf-In light of this, the panel decided that the findings indicated a situation in which a review ./_REDACTED__Ward_Sean_SoS_decision.pdf-period would not be appropriate and, as such, decided that it would be proportionate, in ./_REDACTED__Ward_Sean_SoS_decision.pdf-all the circumstances, for the prohibition order to be recommended without provisions for ./_REDACTED__Ward_Sean_SoS_decision.pdf-a review period. ./_REDACTED__Ward_Sean_SoS_decision.pdf- ./_REDACTED__Ward_Sean_SoS_decision.pdf-I have considered whether not allowing a review period reflects the seriousness of the ./_REDACTED__Ward_Sean_SoS_decision.pdf-findings and is a proportionate period to achieve the aim of maintaining public confidence ./_REDACTED__Ward_Sean_SoS_decision.pdf-in the profession. In this case, factors mean that allowing a review period is not sufficient ./_REDACTED__Ward_Sean_SoS_decision.pdf-to achieve the aim of maintaining public confidence in the profession. These elements ./_REDACTED__Ward_Sean_SoS_decision.pdf-are the panel’s findings against Mr Ward which involved engaging in/and or developing ./_REDACTED__Ward_Sean_SoS_decision.pdf-an inappropriate relationship with Pupil A in several ways including discussing matters of ./_REDACTED__Ward_Sean_SoS_decision.pdf:a sexual nature and receiving sexual images which suggested a sexual motive and the ./_REDACTED__Ward_Sean_SoS_decision.pdf-lack of full insight and/or remorse ./_REDACTED__Ward_Sean_SoS_decision.pdf- ./_REDACTED__Ward_Sean_SoS_decision.pdf-I consider therefore that allowing for no review period is necessary to maintain public ./_REDACTED__Ward_Sean_SoS_decision.pdf-confidence and is proportionate and in the public interest. ./_REDACTED__Ward_Sean_SoS_decision.pdf- ./_REDACTED__Ward_Sean_SoS_decision.pdf-This means that Mr Sean Ward is prohibited from teaching indefinitely and cannot ./_REDACTED__Ward_Sean_SoS_decision.pdf-teach in any school, sixth form college, relevant youth accommodation or ./_REDACTED__Ward_Sean_SoS_decision.pdf-children’s home in England. Furthermore, in view of the seriousness of the allegations ./_REDACTED__Ward_Sean_SoS_decision.pdf-found proved against him, I have decided that Mr Sean Ward shall not be entitled to ./_REDACTED__Ward_Sean_SoS_decision.pdf-apply for restoration of his eligibility to teach. ./_UPDATED__OFFICIAL_SENSITIVE_-_SoS_Decision_-_Morrison__Lewis.pdf-he heard Mr Morrison say: ./_UPDATED__OFFICIAL_SENSITIVE_-_SoS_Decision_-_Morrison__Lewis.pdf- ./_UPDATED__OFFICIAL_SENSITIVE_-_SoS_Decision_-_Morrison__Lewis.pdf-  "Lads, you need to go where this lot are for the after party, they are gagging for it". ./_UPDATED__OFFICIAL_SENSITIVE_-_SoS_Decision_-_Morrison__Lewis.pdf- ./_UPDATED__OFFICIAL_SENSITIVE_-_SoS_Decision_-_Morrison__Lewis.pdf-In his response to the allegations, Mr Morrison accepted that he had consumed too many ./_UPDATED__OFFICIAL_SENSITIVE_-_SoS_Decision_-_Morrison__Lewis.pdf-alcoholic drinks, which had meant he had made "…some bad decisions in the way I ./_UPDATED__OFFICIAL_SENSITIVE_-_SoS_Decision_-_Morrison__Lewis.pdf-conducted myself." ./_UPDATED__OFFICIAL_SENSITIVE_-_SoS_Decision_-_Morrison__Lewis.pdf- ./_UPDATED__OFFICIAL_SENSITIVE_-_SoS_Decision_-_Morrison__Lewis.pdf-Mr Morrison also explained that that "..the quotes and comments that I have allegedly ./_UPDATED__OFFICIAL_SENSITIVE_-_SoS_Decision_-_Morrison__Lewis.pdf-made they have been massively twisted, exaggerated and taken out of context. Yes, I did ./_UPDATED__OFFICIAL_SENSITIVE_-_SoS_Decision_-_Morrison__Lewis.pdf:swear and act unprofessionally…Regarding the comments of a sexual nature, these ./_UPDATED__OFFICIAL_SENSITIVE_-_SoS_Decision_-_Morrison__Lewis.pdf-comments have been twisted and taken out of context. I was not and have never ./_UPDATED__OFFICIAL_SENSITIVE_-_SoS_Decision_-_Morrison__Lewis.pdf:encouraged sexual activity amongst students". ./_UPDATED__OFFICIAL_SENSITIVE_-_SoS_Decision_-_Morrison__Lewis.pdf- ./_UPDATED__OFFICIAL_SENSITIVE_-_SoS_Decision_-_Morrison__Lewis.pdf-In the panel's view, Witness B gave clear evidence as to what he had heard Mr Morrison ./_UPDATED__OFFICIAL_SENSITIVE_-_SoS_Decision_-_Morrison__Lewis.pdf-shout during the Prom. He was adamant that he heard Mr Morrison's words clearly, as ./_UPDATED__OFFICIAL_SENSITIVE_-_SoS_Decision_-_Morrison__Lewis.pdf-corroborated by the fact he heard Mr Morrison's reference to 'leaving in a couple of ./_UPDATED__OFFICIAL_SENSITIVE_-_SoS_Decision_-_Morrison__Lewis.pdf- ./_UPDATED__OFFICIAL_SENSITIVE_-_SoS_Decision_-_Morrison__Lewis.pdf- 10 ./_UPDATED__OFFICIAL_SENSITIVE_-_SoS_Decision_-_Morrison__Lewis.pdf- ./_WEB_DECISION__-_Hawken__Darren_-_SoS_Decison.pdf-that the matter did not meet the threshold for a police investigation and that an internal ./_WEB_DECISION__-_Hawken__Darren_-_SoS_Decison.pdf-investigation should be undertaken by the School. Mr Hawken was suspended from duty ./_WEB_DECISION__-_Hawken__Darren_-_SoS_Decison.pdf-the same day. Mr Hawken was subsequently referred for a disciplinary hearing which ./_WEB_DECISION__-_Hawken__Darren_-_SoS_Decison.pdf-was held on 26 November 2018, following which he was dismissed. ./_WEB_DECISION__-_Hawken__Darren_-_SoS_Decison.pdf- ./_WEB_DECISION__-_Hawken__Darren_-_SoS_Decison.pdf-The panel has been provided with a statement of agreed facts in which Mr Hawken ./_WEB_DECISION__-_Hawken__Darren_-_SoS_Decison.pdf-admitted that he failed to maintain appropriate professional boundaries and engaged in ./_WEB_DECISION__-_Hawken__Darren_-_SoS_Decison.pdf-inappropriate relationships with pupils in or around 2017 and 2018, including Pupil A, ./_WEB_DECISION__-_Hawken__Darren_-_SoS_Decison.pdf-Pupil B, Pupil C, Pupil D and Pupil E. ./_WEB_DECISION__-_Hawken__Darren_-_SoS_Decison.pdf- ./_WEB_DECISION__-_Hawken__Darren_-_SoS_Decison.pdf:The TRA did not allege that Mr Hawken's actions were sexually motivated. The ./_WEB_DECISION__-_Hawken__Darren_-_SoS_Decison.pdf-presenting officer explained that, although it was alleged that Mr Hawken engaged in an ./_WEB_DECISION__-_Hawken__Darren_-_SoS_Decison.pdf- ./_WEB_DECISION__-_Hawken__Darren_-_SoS_Decison.pdf- 6 ./_WEB_DECISION__-_Hawken__Darren_-_SoS_Decison.pdf- -- ./_WEB_DECISION__-_Hawken__Darren_-_SoS_Decison.pdf-inappropriate relationship with the pupils concerned, the word 'relationship' was not being ./_WEB_DECISION__-_Hawken__Darren_-_SoS_Decison.pdf:used in a sexual or romantic way. Instead, the presenting officer referred to the dictionary ./_WEB_DECISION__-_Hawken__Darren_-_SoS_Decison.pdf-definition of 'relationship' as 'the way in which two or more people are connected'. It was ./_WEB_DECISION__-_Hawken__Darren_-_SoS_Decison.pdf-alleged that the relationship Mr Hawken formed with the pupils concerned was one of ./_WEB_DECISION__-_Hawken__Darren_-_SoS_Decison.pdf-friendship, which was inappropriate given Mr Hawken's position as teacher. The panel ./_WEB_DECISION__-_Hawken__Darren_-_SoS_Decison.pdf-approached its consideration of the case on that basis. ./_WEB_DECISION__-_Hawken__Darren_-_SoS_Decison.pdf- ./_WEB_DECISION__-_Hawken__Darren_-_SoS_Decison.pdf-Findings of fact ./_WEB_DECISION__-_Hawken__Darren_-_SoS_Decison.pdf- ./_WEB_DECISION__-_Hawken__Darren_-_SoS_Decison.pdf-The findings of fact are as follows: ./_WEB_DECISION__-_Hawken__Darren_-_SoS_Decison.pdf- ./_WEB_DECISION__-_Hawken__Darren_-_SoS_Decison.pdf-1. You failed to maintain appropriate professional boundaries and/or engaged in an -- ./_WEB_DECISION__-_Hawken__Darren_-_SoS_Decison.pdf-of Mr Hawken's reflection through his approach and use of language with young people ./_WEB_DECISION__-_Hawken__Darren_-_SoS_Decison.pdf-in the band. [redacted]. ./_WEB_DECISION__-_Hawken__Darren_-_SoS_Decison.pdf- ./_WEB_DECISION__-_Hawken__Darren_-_SoS_Decison.pdf-The panel considered whether it would be proportionate to conclude this case with no ./_WEB_DECISION__-_Hawken__Darren_-_SoS_Decison.pdf-recommendation of prohibition, considering whether the publication of the findings made ./_WEB_DECISION__-_Hawken__Darren_-_SoS_Decison.pdf-by the panel would be sufficient. ./_WEB_DECISION__-_Hawken__Darren_-_SoS_Decison.pdf- ./_WEB_DECISION__-_Hawken__Darren_-_SoS_Decison.pdf-The panel was of the view that, applying the standard of the ordinary intelligent citizen, ./_WEB_DECISION__-_Hawken__Darren_-_SoS_Decison.pdf-the recommendation of no prohibition order would be both a proportionate and an ./_WEB_DECISION__-_Hawken__Darren_-_SoS_Decison.pdf-appropriate response. Given the nature and severity of the behaviour were at the less ./_WEB_DECISION__-_Hawken__Darren_-_SoS_Decison.pdf:serious end of the possible spectrum and involved no sexual motivation and, having ./_WEB_DECISION__-_Hawken__Darren_-_SoS_Decison.pdf-considered the mitigating factors that were present, the panel determined that a ./_WEB_DECISION__-_Hawken__Darren_-_SoS_Decison.pdf-recommendation for a prohibition order would not be appropriate in this case. The panel ./_WEB_DECISION__-_Hawken__Darren_-_SoS_Decison.pdf-considered that the publication of the adverse findings it had made was sufficient to send ./_WEB_DECISION__-_Hawken__Darren_-_SoS_Decison.pdf-an appropriate message to the teacher as to the standards of behaviour that are not ./_WEB_DECISION__-_Hawken__Darren_-_SoS_Decison.pdf-acceptable, and the publication would meet the public interest requirement of declaring ./_WEB_DECISION__-_Hawken__Darren_-_SoS_Decison.pdf-proper standards of the profession. ./_WEB_DECISION__-_Hawken__Darren_-_SoS_Decison.pdf- ./_WEB_DECISION__-_Hawken__Darren_-_SoS_Decison.pdf-The panel, therefore, determined that a recommendation for a prohibition order would not ./_WEB_DECISION__-_Hawken__Darren_-_SoS_Decison.pdf-be appropriate in this case. ./_WEB_DECISION__-_Hawken__Darren_-_SoS_Decison.pdf- ./_WEB_DECISION__-__Cottyn__Richard_-_SoS_Decision.pdf-Allegations ./_WEB_DECISION__-__Cottyn__Richard_-_SoS_Decision.pdf-The panel considered the allegations set out in the notice of meeting dated 3 February ./_WEB_DECISION__-__Cottyn__Richard_-_SoS_Decision.pdf-2022. ./_WEB_DECISION__-__Cottyn__Richard_-_SoS_Decision.pdf- ./_WEB_DECISION__-__Cottyn__Richard_-_SoS_Decision.pdf-It was alleged that Mr Cottyn was guilty of having been convicted of a relevant offence, in ./_WEB_DECISION__-__Cottyn__Richard_-_SoS_Decision.pdf-that on or around 20 November 2020 he was convicted of: ./_WEB_DECISION__-__Cottyn__Richard_-_SoS_Decision.pdf- ./_WEB_DECISION__-__Cottyn__Richard_-_SoS_Decision.pdf:1. Causing/inciting sexual activity with female 13-17 offender 18 or over abuse of ./_WEB_DECISION__-__Cottyn__Richard_-_SoS_Decision.pdf- position of trust s.21 premises between 25 June 2017 and 29 August 2017, contrary ./_WEB_DECISION__-__Cottyn__Richard_-_SoS_Decision.pdf- to the Sexual Offences Act 2003 s.17(a). ./_WEB_DECISION__-__Cottyn__Richard_-_SoS_Decision.pdf- ./_WEB_DECISION__-__Cottyn__Richard_-_SoS_Decision.pdf-2. Sexual Activity with female 13-17, offender does not believe victim is over 18, abuse ./_WEB_DECISION__-__Cottyn__Richard_-_SoS_Decision.pdf- of position of trust on 30 August 2017, contrary to the Sexual Offences Act 2003 ./_WEB_DECISION__-__Cottyn__Richard_-_SoS_Decision.pdf- s.16(1)(e)(i). ./_WEB_DECISION__-__Cottyn__Richard_-_SoS_Decision.pdf- ./_WEB_DECISION__-__Cottyn__Richard_-_SoS_Decision.pdf:3. Attempting/causing/inciting a female child under 16 to engage in sexual activity – ./_WEB_DECISION__-__Cottyn__Richard_-_SoS_Decision.pdf- offender 18 or over, no penetration, between 7 October 2014 and 29 December ./_WEB_DECISION__-__Cottyn__Richard_-_SoS_Decision.pdf- 2014, contrary to the Sexual Offences Act 2003 s.10(1)(a). ./_WEB_DECISION__-__Cottyn__Richard_-_SoS_Decision.pdf- ./_WEB_DECISION__-__Cottyn__Richard_-_SoS_Decision.pdf:4. Attempting/causing/inciting a female child under 16 to engage in sexual activity – ./_WEB_DECISION__-__Cottyn__Richard_-_SoS_Decision.pdf- offender 18 or over, no penetration between 22 December 2014 and 28 May 2015, ./_WEB_DECISION__-__Cottyn__Richard_-_SoS_Decision.pdf- contrary to the Sexual Offences Act 2003 s.10(1)(a). ./_WEB_DECISION__-__Cottyn__Richard_-_SoS_Decision.pdf- ./_WEB_DECISION__-__Cottyn__Richard_-_SoS_Decision.pdf:5. Attempting/causing/inciting a female child under 16 to engage in sexual activity – ./_WEB_DECISION__-__Cottyn__Richard_-_SoS_Decision.pdf- offender 18 or over, no penetration between 2 April 2015 and 26 May 2015, ./_WEB_DECISION__-__Cottyn__Richard_-_SoS_Decision.pdf- contrary to the Sexual Offences Act 2003 s.10(1)(a). ./_WEB_DECISION__-__Cottyn__Richard_-_SoS_Decision.pdf- ./_WEB_DECISION__-__Cottyn__Richard_-_SoS_Decision.pdf:6. Attempting/causing/inciting a female child under 16 to engage in sexual activity – ./_WEB_DECISION__-__Cottyn__Richard_-_SoS_Decision.pdf- offender 18 or over no penetration between 22 May 2015 and 7 June 2015, contrary ./_WEB_DECISION__-__Cottyn__Richard_-_SoS_Decision.pdf- to the Sexual Offences Act 2003 s.10(1)(a). ./_WEB_DECISION__-__Cottyn__Richard_-_SoS_Decision.pdf- ./_WEB_DECISION__-__Cottyn__Richard_-_SoS_Decision.pdf:7. Attempting/causing/inciting a female child under 16 to engage in sexual activity – ./_WEB_DECISION__-__Cottyn__Richard_-_SoS_Decision.pdf- offender 18 or over no penetration on 1 June 2016, contrary to the Sexual Offences ./_WEB_DECISION__-__Cottyn__Richard_-_SoS_Decision.pdf- Act 2003 s.10(1)(a). ./_WEB_DECISION__-__Cottyn__Richard_-_SoS_Decision.pdf- ./_WEB_DECISION__-__Cottyn__Richard_-_SoS_Decision.pdf:8. Attempting/causing/inciting a female child under 16 to engage in sexual activity – ./_WEB_DECISION__-__Cottyn__Richard_-_SoS_Decision.pdf- offender 18 or over no penetration between 7 June 2015 and 22 February 2016, ./_WEB_DECISION__-__Cottyn__Richard_-_SoS_Decision.pdf- contrary to the Sexual Offences Act 2003 s.10(1)(a). ./_WEB_DECISION__-__Cottyn__Richard_-_SoS_Decision.pdf- ./_WEB_DECISION__-__Cottyn__Richard_-_SoS_Decision.pdf:9. Attempting/causing/inciting a female child under 16 to engage in sexual activity – ./_WEB_DECISION__-__Cottyn__Richard_-_SoS_Decision.pdf- offender 18 or over no penetration between 5 August 2015 and 10 September 2015, ./_WEB_DECISION__-__Cottyn__Richard_-_SoS_Decision.pdf- contrary to the Sexual Offences Act 2003 s.10(1)(a). ./_WEB_DECISION__-__Cottyn__Richard_-_SoS_Decision.pdf- ./_WEB_DECISION__-__Cottyn__Richard_-_SoS_Decision.pdf- ./_WEB_DECISION__-__Cottyn__Richard_-_SoS_Decision.pdf- ./_WEB_DECISION__-__Cottyn__Richard_-_SoS_Decision.pdf- ./_WEB_DECISION__-__Cottyn__Richard_-_SoS_Decision.pdf- 4 ./_WEB_DECISION__-__Cottyn__Richard_-_SoS_Decision.pdf- -- ./_WEB_DECISION__-__Cottyn__Richard_-_SoS_Decision.pdf:10. Attempting/causing/inciting a female child under 16 to engage in sexual activity – ./_WEB_DECISION__-__Cottyn__Richard_-_SoS_Decision.pdf- offender 18 or over no penetration between 17 June 2015 and 25 June 2015, ./_WEB_DECISION__-__Cottyn__Richard_-_SoS_Decision.pdf- contrary to the Sexual Offences Act 2003 s.10(1)(a). ./_WEB_DECISION__-__Cottyn__Richard_-_SoS_Decision.pdf- ./_WEB_DECISION__-__Cottyn__Richard_-_SoS_Decision.pdf:11. Attempting/causing/inciting a female child under 16 to engage in sexual activity – ./_WEB_DECISION__-__Cottyn__Richard_-_SoS_Decision.pdf- offender 18 or over no penetration between 16 August 2016 and 25 December 2016 ./_WEB_DECISION__-__Cottyn__Richard_-_SoS_Decision.pdf- contrary to the Sexual Offences Act 2003 s.10(1)(a). ./_WEB_DECISION__-__Cottyn__Richard_-_SoS_Decision.pdf- ./_WEB_DECISION__-__Cottyn__Richard_-_SoS_Decision.pdf:12. Attempting/causing/inciting a female child under 16 to engage in sexual activity – ./_WEB_DECISION__-__Cottyn__Richard_-_SoS_Decision.pdf- offender 18 or over no penetration between 19 February 2016 and 30 August 2016, ./_WEB_DECISION__-__Cottyn__Richard_-_SoS_Decision.pdf- contrary to the Sexual Offences Act 2003 s.10(1)(a). ./_WEB_DECISION__-__Cottyn__Richard_-_SoS_Decision.pdf- ./_WEB_DECISION__-__Cottyn__Richard_-_SoS_Decision.pdf-13. Making indecent photograph or pseudo-photograph of children on 5 September ./_WEB_DECISION__-__Cottyn__Richard_-_SoS_Decision.pdf- 2017, contrary to the Protection of Children Act 1978 s.1(a). ./_WEB_DECISION__-__Cottyn__Richard_-_SoS_Decision.pdf- ./_WEB_DECISION__-__Cottyn__Richard_-_SoS_Decision.pdf-14. Making indecent photograph or pseudo-photograph of children on 5 September ./_WEB_DECISION__-__Cottyn__Richard_-_SoS_Decision.pdf- 2017, contrary to the Protection of Children Act 1978 s.1(a). ./_WEB_DECISION__-__Cottyn__Richard_-_SoS_Decision.pdf- ./_WEB_DECISION__-__Cottyn__Richard_-_SoS_Decision.pdf-15. Making indecent photograph or pseudo-photograph of children on 5 September ./_WEB_DECISION__-__Cottyn__Richard_-_SoS_Decision.pdf- 2017, contrary to the Protection of Children Act 1978 s.1(a). ./_WEB_DECISION__-__Cottyn__Richard_-_SoS_Decision.pdf- ./_WEB_DECISION__-__Cottyn__Richard_-_SoS_Decision.pdf-16. Encourage/assist in the commission of an either way offence believing it will be ./_WEB_DECISION__-__Cottyn__Richard_-_SoS_Decision.pdf- committed between 20 September 2014 and 25 December 2014, contrary to the ./_WEB_DECISION__-__Cottyn__Richard_-_SoS_Decision.pdf- Serious Crime Act 2007 s.45. ./_WEB_DECISION__-__Cottyn__Richard_-_SoS_Decision.pdf- ./_WEB_DECISION__-__Cottyn__Richard_-_SoS_Decision.pdf:17. Attempting/causing/inciting a female child under 16 to engage in sexual activity – ./_WEB_DECISION__-__Cottyn__Richard_-_SoS_Decision.pdf- offender 18 or over no penetration between 20 April 2015 and 6 June 2016, ./_WEB_DECISION__-__Cottyn__Richard_-_SoS_Decision.pdf- contrary to the Sexual Offences Act 2003 s.10(1)(a). ./_WEB_DECISION__-__Cottyn__Richard_-_SoS_Decision.pdf- ./_WEB_DECISION__-__Cottyn__Richard_-_SoS_Decision.pdf:18. Attempting/causing/inciting a female child under 16 to engage in sexual activity – ./_WEB_DECISION__-__Cottyn__Richard_-_SoS_Decision.pdf- offender 18 or over no penetration between 31 May 2017 and 30 July 2017, ./_WEB_DECISION__-__Cottyn__Richard_-_SoS_Decision.pdf- contrary to the Sexual Offences Act 2003 s.10(1)(a). ./_WEB_DECISION__-__Cottyn__Richard_-_SoS_Decision.pdf- ./_WEB_DECISION__-__Cottyn__Richard_-_SoS_Decision.pdf-19. Making indecent photograph or pseudo-photograph of children on 27 March 2015, ./_WEB_DECISION__-__Cottyn__Richard_-_SoS_Decision.pdf- contrary to the Protection of Children Act 1978 s.1(a). ./_WEB_DECISION__-__Cottyn__Richard_-_SoS_Decision.pdf- ./_WEB_DECISION__-__Cottyn__Richard_-_SoS_Decision.pdf-20. Making indecent photograph or pseudo-photograph of children on 25 August 2016, ./_WEB_DECISION__-__Cottyn__Richard_-_SoS_Decision.pdf- contrary to the Protection of Children Act 1978 s.1(a). ./_WEB_DECISION__-__Cottyn__Richard_-_SoS_Decision.pdf- ./_WEB_DECISION__-__Cottyn__Richard_-_SoS_Decision.pdf-21. Making indecent photograph or pseudo-photograph of children on 6 June 2015, -- ./_WEB_DECISION__-__Cottyn__Richard_-_SoS_Decision.pdf-in this case. ./_WEB_DECISION__-__Cottyn__Richard_-_SoS_Decision.pdf- ./_WEB_DECISION__-__Cottyn__Richard_-_SoS_Decision.pdf-Mr Cottyn was employed by Burnham Park Academy from 1 April 2014 until 28 April ./_WEB_DECISION__-__Cottyn__Richard_-_SoS_Decision.pdf-2016. He was initially employed as the Assistant Principal and Director of Maths until 1 ./_WEB_DECISION__-__Cottyn__Richard_-_SoS_Decision.pdf-September 2015, and then as acting Vice Principal until 28 April 2016. ./_WEB_DECISION__-__Cottyn__Richard_-_SoS_Decision.pdf- ./_WEB_DECISION__-__Cottyn__Richard_-_SoS_Decision.pdf-Mr Cottyn was employed by Farnham Heath End School (‘the School’) from 1 September ./_WEB_DECISION__-__Cottyn__Richard_-_SoS_Decision.pdf-2016 to 22 November 2018. ./_WEB_DECISION__-__Cottyn__Richard_-_SoS_Decision.pdf- ./_WEB_DECISION__-__Cottyn__Richard_-_SoS_Decision.pdf-On 5 September 2017, Mr Cottyn was arrested by Surrey Police following allegations of ./_WEB_DECISION__-__Cottyn__Richard_-_SoS_Decision.pdf:making sexual advances towards a [redacted] pupil. Following his initial arrest, further ./_WEB_DECISION__-__Cottyn__Richard_-_SoS_Decision.pdf-offences came to light for which Mr Cottyn was arrested. ./_WEB_DECISION__-__Cottyn__Richard_-_SoS_Decision.pdf- ./_WEB_DECISION__-__Cottyn__Richard_-_SoS_Decision.pdf-Mr Cottyn was suspended from the School on 5 September 2017. On 22 November ./_WEB_DECISION__-__Cottyn__Richard_-_SoS_Decision.pdf-2018, Mr Cottyn was summarily dismissed by the School. ./_WEB_DECISION__-__Cottyn__Richard_-_SoS_Decision.pdf- ./_WEB_DECISION__-__Cottyn__Richard_-_SoS_Decision.pdf-On 28 November 2018, a referral was made to the TRA. ./_WEB_DECISION__-__Cottyn__Richard_-_SoS_Decision.pdf- ./_WEB_DECISION__-__Cottyn__Richard_-_SoS_Decision.pdf-On 5 October 2020, Mr Cottyn was convicted of 28 offences and he was sentenced on ./_WEB_DECISION__-__Cottyn__Richard_-_SoS_Decision.pdf-20 November 2020 to eight years’ and eight months’ imprisonment. ./_WEB_DECISION__-__Cottyn__Richard_-_SoS_Decision.pdf- ./_WEB_DECISION__-__Cottyn__Richard_-_SoS_Decision.pdf:Mr Cottyn was sentenced to a sexual harm prevention order for life. ./_WEB_DECISION__-__Cottyn__Richard_-_SoS_Decision.pdf- ./_WEB_DECISION__-__Cottyn__Richard_-_SoS_Decision.pdf-Findings of fact ./_WEB_DECISION__-__Cottyn__Richard_-_SoS_Decision.pdf- ./_WEB_DECISION__-__Cottyn__Richard_-_SoS_Decision.pdf-The findings of fact are as follows: ./_WEB_DECISION__-__Cottyn__Richard_-_SoS_Decision.pdf- ./_WEB_DECISION__-__Cottyn__Richard_-_SoS_Decision.pdf- ./_WEB_DECISION__-__Cottyn__Richard_-_SoS_Decision.pdf- ./_WEB_DECISION__-__Cottyn__Richard_-_SoS_Decision.pdf- 7 ./_WEB_DECISION__-__Cottyn__Richard_-_SoS_Decision.pdf- -- ./_WEB_DECISION__-__Cottyn__Richard_-_SoS_Decision.pdf-The panel found the following particulars of the allegations against you proved, for these ./_WEB_DECISION__-__Cottyn__Richard_-_SoS_Decision.pdf-reasons: ./_WEB_DECISION__-__Cottyn__Richard_-_SoS_Decision.pdf- ./_WEB_DECISION__-__Cottyn__Richard_-_SoS_Decision.pdf:1. Causing/inciting sexual activity with female 13-17 offender 18 or over abuse of ./_WEB_DECISION__-__Cottyn__Richard_-_SoS_Decision.pdf- position of trust s.21 premises between 25 June 2017 and 29 August 2017, ./_WEB_DECISION__-__Cottyn__Richard_-_SoS_Decision.pdf- contrary to the Sexual Offences Act 2003 s.17(a). ./_WEB_DECISION__-__Cottyn__Richard_-_SoS_Decision.pdf- ./_WEB_DECISION__-__Cottyn__Richard_-_SoS_Decision.pdf-2. Sexual Activity with female 13-17, offender does not believe victim is over 18, ./_WEB_DECISION__-__Cottyn__Richard_-_SoS_Decision.pdf- abuse of position of trust on 30 August 2017 contrary to the Sexual Offences ./_WEB_DECISION__-__Cottyn__Richard_-_SoS_Decision.pdf- Act 2003 s.16(1)(e)(i). ./_WEB_DECISION__-__Cottyn__Richard_-_SoS_Decision.pdf- ./_WEB_DECISION__-__Cottyn__Richard_-_SoS_Decision.pdf:3. Attempting/causing/inciting a female child under 16 to engage in sexual ./_WEB_DECISION__-__Cottyn__Richard_-_SoS_Decision.pdf- activity – offender 18 or over, no penetration, between 7 October 2014 and 29 ./_WEB_DECISION__-__Cottyn__Richard_-_SoS_Decision.pdf- December 2014, contrary to the Sexual Offences Act 2003 s.10(1)(a). ./_WEB_DECISION__-__Cottyn__Richard_-_SoS_Decision.pdf- ./_WEB_DECISION__-__Cottyn__Richard_-_SoS_Decision.pdf:4. Attempting/causing/inciting a female child under 16 to engage in sexual ./_WEB_DECISION__-__Cottyn__Richard_-_SoS_Decision.pdf- activity – offender 18 or over, no penetration between 22 December 2014 and ./_WEB_DECISION__-__Cottyn__Richard_-_SoS_Decision.pdf- 28 May 2015, contrary to the Sexual Offences Act 2003 s.10(1)(a). ./_WEB_DECISION__-__Cottyn__Richard_-_SoS_Decision.pdf- ./_WEB_DECISION__-__Cottyn__Richard_-_SoS_Decision.pdf:5. Attempting/causing/inciting a female child under 16 to engage in sexual ./_WEB_DECISION__-__Cottyn__Richard_-_SoS_Decision.pdf- activity – offender 18 or over, no penetration between 2 April 2015 and 26 May ./_WEB_DECISION__-__Cottyn__Richard_-_SoS_Decision.pdf- 2015, contrary to the Sexual Offences Act 2003 s.10(1)(a). ./_WEB_DECISION__-__Cottyn__Richard_-_SoS_Decision.pdf- ./_WEB_DECISION__-__Cottyn__Richard_-_SoS_Decision.pdf:6. Attempting/causing/inciting a female child under 16 to engage in sexual ./_WEB_DECISION__-__Cottyn__Richard_-_SoS_Decision.pdf- activity – offender 18 or over no penetration between 22 May 2015 and 7 June ./_WEB_DECISION__-__Cottyn__Richard_-_SoS_Decision.pdf- 2015, contrary to the Sexual Offences Act 2003 s.10(1)(a). ./_WEB_DECISION__-__Cottyn__Richard_-_SoS_Decision.pdf- ./_WEB_DECISION__-__Cottyn__Richard_-_SoS_Decision.pdf:7. Attempting/causing/inciting a female child under 16 to engage in sexual ./_WEB_DECISION__-__Cottyn__Richard_-_SoS_Decision.pdf- activity – offender 18 or over no penetration on 1 June 2016, contrary to the ./_WEB_DECISION__-__Cottyn__Richard_-_SoS_Decision.pdf- Sexual Offences Act 2003 s.10(1)(a). ./_WEB_DECISION__-__Cottyn__Richard_-_SoS_Decision.pdf- ./_WEB_DECISION__-__Cottyn__Richard_-_SoS_Decision.pdf:8. Attempting/causing/inciting a female child under 16 to engage in sexual ./_WEB_DECISION__-__Cottyn__Richard_-_SoS_Decision.pdf- activity – offender 18 or over no penetration between 7 June 2015 and 22 ./_WEB_DECISION__-__Cottyn__Richard_-_SoS_Decision.pdf- February 2016, contrary to the Sexual Offences Act 2003 s.10(1)(a). ./_WEB_DECISION__-__Cottyn__Richard_-_SoS_Decision.pdf- ./_WEB_DECISION__-__Cottyn__Richard_-_SoS_Decision.pdf:9. Attempting/causing/inciting a female child under 16 to engage in sexual ./_WEB_DECISION__-__Cottyn__Richard_-_SoS_Decision.pdf- activity – offender 18 or over no penetration between 5 August 2015 and 10 ./_WEB_DECISION__-__Cottyn__Richard_-_SoS_Decision.pdf- September 2015, contrary to the Sexual Offences Act 2003 s.10(1)(a). ./_WEB_DECISION__-__Cottyn__Richard_-_SoS_Decision.pdf- ./_WEB_DECISION__-__Cottyn__Richard_-_SoS_Decision.pdf:10. Attempting/causing/inciting a female child under 16 to engage in sexual ./_WEB_DECISION__-__Cottyn__Richard_-_SoS_Decision.pdf- activity – offender 18 or over no penetration between 17 June 2015 and 25 ./_WEB_DECISION__-__Cottyn__Richard_-_SoS_Decision.pdf- June 2015, contrary to the Sexual Offences Act 2003 s.10(1)(a). ./_WEB_DECISION__-__Cottyn__Richard_-_SoS_Decision.pdf- ./_WEB_DECISION__-__Cottyn__Richard_-_SoS_Decision.pdf:11. Attempting/causing/inciting a female child under 16 to engage in sexual ./_WEB_DECISION__-__Cottyn__Richard_-_SoS_Decision.pdf- activity – offender 18 or over no penetration between 16 August 2016 and 25 ./_WEB_DECISION__-__Cottyn__Richard_-_SoS_Decision.pdf- December 2016, contrary to the Sexual Offences Act 2003 s.10(1)(a). ./_WEB_DECISION__-__Cottyn__Richard_-_SoS_Decision.pdf- ./_WEB_DECISION__-__Cottyn__Richard_-_SoS_Decision.pdf- 8 ./_WEB_DECISION__-__Cottyn__Richard_-_SoS_Decision.pdf- -- ./_WEB_DECISION__-__Cottyn__Richard_-_SoS_Decision.pdf:12. Attempting/causing/inciting a female child under 16 to engage in sexual ./_WEB_DECISION__-__Cottyn__Richard_-_SoS_Decision.pdf- activity – offender 18 or over no penetration between 19 February 2016 and 30 ./_WEB_DECISION__-__Cottyn__Richard_-_SoS_Decision.pdf- August 2016 contrary to the Sexual Offences Act 2003 s.10(1)(a). ./_WEB_DECISION__-__Cottyn__Richard_-_SoS_Decision.pdf- ./_WEB_DECISION__-__Cottyn__Richard_-_SoS_Decision.pdf-13. Making indecent photograph or pseudo-photograph of children on 5 ./_WEB_DECISION__-__Cottyn__Richard_-_SoS_Decision.pdf- September 2017, contrary to the Protection of Children Act 1978 s.1(a). ./_WEB_DECISION__-__Cottyn__Richard_-_SoS_Decision.pdf- ./_WEB_DECISION__-__Cottyn__Richard_-_SoS_Decision.pdf-14. Making indecent photograph or pseudo-photograph of children on 5 ./_WEB_DECISION__-__Cottyn__Richard_-_SoS_Decision.pdf- September 2017, contrary to the Protection of Children Act 1978 s.1(a). ./_WEB_DECISION__-__Cottyn__Richard_-_SoS_Decision.pdf- ./_WEB_DECISION__-__Cottyn__Richard_-_SoS_Decision.pdf-15. Making indecent photograph or pseudo-photograph of children on 5 ./_WEB_DECISION__-__Cottyn__Richard_-_SoS_Decision.pdf- September 2017, contrary to the Protection of Children Act 1978 s.1(a). ./_WEB_DECISION__-__Cottyn__Richard_-_SoS_Decision.pdf- ./_WEB_DECISION__-__Cottyn__Richard_-_SoS_Decision.pdf-16. Encourage/assist in the commission of an either way offence believing it will ./_WEB_DECISION__-__Cottyn__Richard_-_SoS_Decision.pdf- be committed between 20 September 2014 and 25 December 2014, contrary to ./_WEB_DECISION__-__Cottyn__Richard_-_SoS_Decision.pdf- the Serious Crime Act 2007 s.45. ./_WEB_DECISION__-__Cottyn__Richard_-_SoS_Decision.pdf- ./_WEB_DECISION__-__Cottyn__Richard_-_SoS_Decision.pdf:17. Attempting/causing/inciting a female child under 16 to engage in sexual ./_WEB_DECISION__-__Cottyn__Richard_-_SoS_Decision.pdf- activity – offender 18 or over no penetration between 20 April 2015 and 6 June ./_WEB_DECISION__-__Cottyn__Richard_-_SoS_Decision.pdf- 2016, contrary to the Sexual Offences Act 2003 s.10(1)(a). ./_WEB_DECISION__-__Cottyn__Richard_-_SoS_Decision.pdf- ./_WEB_DECISION__-__Cottyn__Richard_-_SoS_Decision.pdf:18. Attempting/causing/inciting a female child under 16 to engage in sexual ./_WEB_DECISION__-__Cottyn__Richard_-_SoS_Decision.pdf- activity – offender 18 or over no penetration between 31 May 2017 and 30 July ./_WEB_DECISION__-__Cottyn__Richard_-_SoS_Decision.pdf- 2017, contrary to the Sexual Offences Act 2003 s.10(1)(a). ./_WEB_DECISION__-__Cottyn__Richard_-_SoS_Decision.pdf- ./_WEB_DECISION__-__Cottyn__Richard_-_SoS_Decision.pdf-19. Making indecent photograph or pseudo-photograph of children on 27 March ./_WEB_DECISION__-__Cottyn__Richard_-_SoS_Decision.pdf- 2015 contrary to the Protection of Children Act 1978 s.1(a). ./_WEB_DECISION__-__Cottyn__Richard_-_SoS_Decision.pdf- ./_WEB_DECISION__-__Cottyn__Richard_-_SoS_Decision.pdf-20. Making indecent photograph or pseudo-photograph of children on 25 August ./_WEB_DECISION__-__Cottyn__Richard_-_SoS_Decision.pdf- 2016 contrary to the Protection of Children Act 1978 s.1(a). ./_WEB_DECISION__-__Cottyn__Richard_-_SoS_Decision.pdf- ./_WEB_DECISION__-__Cottyn__Richard_-_SoS_Decision.pdf-21. Making indecent photograph or pseudo-photograph of children on 6 June -- ./_WEB_DECISION__-__Cottyn__Richard_-_SoS_Decision.pdf: • sexual activity; ./_WEB_DECISION__-__Cottyn__Richard_-_SoS_Decision.pdf- ./_WEB_DECISION__-__Cottyn__Richard_-_SoS_Decision.pdf: • sexual communication with a child; ./_WEB_DECISION__-__Cottyn__Richard_-_SoS_Decision.pdf- ./_WEB_DECISION__-__Cottyn__Richard_-_SoS_Decision.pdf- • activity involving viewing, taking, making, possessing, distributing or publishing ./_WEB_DECISION__-__Cottyn__Richard_-_SoS_Decision.pdf- any indecent photograph or image or pseudo photograph or image of a child, or ./_WEB_DECISION__-__Cottyn__Richard_-_SoS_Decision.pdf- permitting any such activity, including one off incidents; ./_WEB_DECISION__-__Cottyn__Richard_-_SoS_Decision.pdf- ./_WEB_DECISION__-__Cottyn__Richard_-_SoS_Decision.pdf- • controlling or coercive behaviour; ./_WEB_DECISION__-__Cottyn__Richard_-_SoS_Decision.pdf- ./_WEB_DECISION__-__Cottyn__Richard_-_SoS_Decision.pdf- • harassment and/or stalking; and ./_WEB_DECISION__-__Cottyn__Richard_-_SoS_Decision.pdf- ./_WEB_DECISION__-__Cottyn__Richard_-_SoS_Decision.pdf- • fraud or serious dishonesty. -- ./_WEB_DECISION__-__Cottyn__Richard_-_SoS_Decision.pdf-show that blame has been apportioned, although they are likely to have a punitive effect. ./_WEB_DECISION__-__Cottyn__Richard_-_SoS_Decision.pdf- ./_WEB_DECISION__-__Cottyn__Richard_-_SoS_Decision.pdf-The panel had regard to the particular public interest considerations set out in the Advice ./_WEB_DECISION__-__Cottyn__Richard_-_SoS_Decision.pdf-and having done so, found them to be relevant in this case, namely: the safeguarding ./_WEB_DECISION__-__Cottyn__Richard_-_SoS_Decision.pdf-and wellbeing of pupils and other members of the public; the maintenance of public ./_WEB_DECISION__-__Cottyn__Richard_-_SoS_Decision.pdf-confidence in the profession; declaring and upholding proper standards of conduct; and ./_WEB_DECISION__-__Cottyn__Richard_-_SoS_Decision.pdf-that prohibition strikes the right balance between the rights of the teacher and the public ./_WEB_DECISION__-__Cottyn__Richard_-_SoS_Decision.pdf-interest. ./_WEB_DECISION__-__Cottyn__Richard_-_SoS_Decision.pdf- ./_WEB_DECISION__-__Cottyn__Richard_-_SoS_Decision.pdf-The panel’s findings against Mr Cottyn concerned 28 criminal offences which involved ./_WEB_DECISION__-__Cottyn__Richard_-_SoS_Decision.pdf:sexual activity with children, attempting and causing/inciting sexual activity with children ./_WEB_DECISION__-__Cottyn__Richard_-_SoS_Decision.pdf-and making indecent photographs or pseudo-photographs of children. The panel ./_WEB_DECISION__-__Cottyn__Richard_-_SoS_Decision.pdf- ./_WEB_DECISION__-__Cottyn__Richard_-_SoS_Decision.pdf- 12 ./_WEB_DECISION__-__Cottyn__Richard_-_SoS_Decision.pdf- -- ./_WEB_DECISION__-__Cottyn__Richard_-_SoS_Decision.pdf-determined there to be a very strong public interest consideration in respect of the ./_WEB_DECISION__-__Cottyn__Richard_-_SoS_Decision.pdf:protection of pupils given the serious and multiple findings of inappropriate sexual activity ./_WEB_DECISION__-__Cottyn__Richard_-_SoS_Decision.pdf-with children. ./_WEB_DECISION__-__Cottyn__Richard_-_SoS_Decision.pdf- ./_WEB_DECISION__-__Cottyn__Richard_-_SoS_Decision.pdf-Similarly, the panel considered that public confidence in the profession would be ./_WEB_DECISION__-__Cottyn__Richard_-_SoS_Decision.pdf-seriously weakened if conduct such as that found against Mr Cottyn were not treated with ./_WEB_DECISION__-__Cottyn__Richard_-_SoS_Decision.pdf-the utmost seriousness when regulating the conduct of the profession. The panel ./_WEB_DECISION__-__Cottyn__Richard_-_SoS_Decision.pdf-assessed public confidence by reference to the standard of an ordinary intelligent and ./_WEB_DECISION__-__Cottyn__Richard_-_SoS_Decision.pdf-well-informed citizen, who both appreciates the seriousness of the proposed ‘sanction’ ./_WEB_DECISION__-__Cottyn__Richard_-_SoS_Decision.pdf-and recognises the high standards expected of all teachers, as well as other issues ./_WEB_DECISION__-__Cottyn__Richard_-_SoS_Decision.pdf-involved in the case. ./_WEB_DECISION__-__Cottyn__Richard_-_SoS_Decision.pdf- -- ./_WEB_DECISION__-__Cottyn__Richard_-_SoS_Decision.pdf- • the commission of a serious criminal offence, including those that resulted in a ./_WEB_DECISION__-__Cottyn__Richard_-_SoS_Decision.pdf- conviction or caution, paying particular attention to offences that are ‘relevant ./_WEB_DECISION__-__Cottyn__Richard_-_SoS_Decision.pdf- matters’ for the purposes of The Police Act 1997 and criminal record disclosures; ./_WEB_DECISION__-__Cottyn__Richard_-_SoS_Decision.pdf- ./_WEB_DECISION__-__Cottyn__Richard_-_SoS_Decision.pdf- • misconduct seriously affecting the education and/or safeguarding and well-being ./_WEB_DECISION__-__Cottyn__Richard_-_SoS_Decision.pdf- of pupils, and particularly where there is a continuing risk; ./_WEB_DECISION__-__Cottyn__Richard_-_SoS_Decision.pdf- ./_WEB_DECISION__-__Cottyn__Richard_-_SoS_Decision.pdf- • abuse of position or trust (particularly involving pupils); ./_WEB_DECISION__-__Cottyn__Richard_-_SoS_Decision.pdf- ./_WEB_DECISION__-__Cottyn__Richard_-_SoS_Decision.pdf- • an abuse of any trust, knowledge, or influence gained through their professional ./_WEB_DECISION__-__Cottyn__Richard_-_SoS_Decision.pdf: position in order to advance a romantic or sexual relationship with a pupil or former ./_WEB_DECISION__-__Cottyn__Richard_-_SoS_Decision.pdf- pupil; ./_WEB_DECISION__-__Cottyn__Richard_-_SoS_Decision.pdf- ./_WEB_DECISION__-__Cottyn__Richard_-_SoS_Decision.pdf: • sexual misconduct, e.g. involving actions that were sexually motivated or of a ./_WEB_DECISION__-__Cottyn__Richard_-_SoS_Decision.pdf: sexual nature and/or that use or exploit the trust, knowledge or influence derived ./_WEB_DECISION__-__Cottyn__Richard_-_SoS_Decision.pdf- from the individual’s professional position; ./_WEB_DECISION__-__Cottyn__Richard_-_SoS_Decision.pdf- ./_WEB_DECISION__-__Cottyn__Richard_-_SoS_Decision.pdf- 13 ./_WEB_DECISION__-__Cottyn__Richard_-_SoS_Decision.pdf- -- ./_WEB_DECISION__-__Cottyn__Richard_-_SoS_Decision.pdf-counsellor prior to his imprisonment. ./_WEB_DECISION__-__Cottyn__Richard_-_SoS_Decision.pdf- ./_WEB_DECISION__-__Cottyn__Richard_-_SoS_Decision.pdf-The panel was of the view that, applying the standard of the ordinary intelligent citizen, it ./_WEB_DECISION__-__Cottyn__Richard_-_SoS_Decision.pdf-would certainly not be a proportionate and appropriate response to recommend no ./_WEB_DECISION__-__Cottyn__Richard_-_SoS_Decision.pdf-prohibition order. Recommending that the publication of adverse findings was sufficient ./_WEB_DECISION__-__Cottyn__Richard_-_SoS_Decision.pdf-would unacceptably compromise the public interest considerations present in this case, ./_WEB_DECISION__-__Cottyn__Richard_-_SoS_Decision.pdf-despite the severity of the consequences for Mr Cottyn of prohibition. ./_WEB_DECISION__-__Cottyn__Richard_-_SoS_Decision.pdf- ./_WEB_DECISION__-__Cottyn__Richard_-_SoS_Decision.pdf-The panel was of the view that prohibition was both proportionate and appropriate. The ./_WEB_DECISION__-__Cottyn__Richard_-_SoS_Decision.pdf-panel decided that the public interest considerations significantly outweighed the ./_WEB_DECISION__-__Cottyn__Richard_-_SoS_Decision.pdf:interests of Mr Cottyn. The fact that Mr Cottyn had been convicted of such serious sexual ./_WEB_DECISION__-__Cottyn__Richard_-_SoS_Decision.pdf-offences which were at the most serious end of the spectrum was a significant factor in ./_WEB_DECISION__-__Cottyn__Richard_-_SoS_Decision.pdf-forming that opinion. ./_WEB_DECISION__-__Cottyn__Richard_-_SoS_Decision.pdf- ./_WEB_DECISION__-__Cottyn__Richard_-_SoS_Decision.pdf-Accordingly, the panel made a recommendation to the Secretary of State that a ./_WEB_DECISION__-__Cottyn__Richard_-_SoS_Decision.pdf-prohibition order should be imposed with immediate effect. ./_WEB_DECISION__-__Cottyn__Richard_-_SoS_Decision.pdf- ./_WEB_DECISION__-__Cottyn__Richard_-_SoS_Decision.pdf-The panel went on to consider whether or not it would be appropriate to recommend that ./_WEB_DECISION__-__Cottyn__Richard_-_SoS_Decision.pdf-a review period of the order should be considered. The panel was mindful that the Advice ./_WEB_DECISION__-__Cottyn__Richard_-_SoS_Decision.pdf-states that a prohibition order applies for life, but there may be circumstances, in any ./_WEB_DECISION__-__Cottyn__Richard_-_SoS_Decision.pdf- -- ./_WEB_DECISION__-__Cottyn__Richard_-_SoS_Decision.pdf-given case, that may make it appropriate to allow a teacher to apply to have the ./_WEB_DECISION__-__Cottyn__Richard_-_SoS_Decision.pdf-prohibition order reviewed after a specified period of time that may not be less than 2 ./_WEB_DECISION__-__Cottyn__Richard_-_SoS_Decision.pdf-years. ./_WEB_DECISION__-__Cottyn__Richard_-_SoS_Decision.pdf- ./_WEB_DECISION__-__Cottyn__Richard_-_SoS_Decision.pdf-The Advice indicates that where a case involves certain conduct, it is likely the public ./_WEB_DECISION__-__Cottyn__Richard_-_SoS_Decision.pdf-interest will have greater relevance and weigh in the favour of not offering a review ./_WEB_DECISION__-__Cottyn__Richard_-_SoS_Decision.pdf-period. The panel found the following conduct referred to in the Advice present in this ./_WEB_DECISION__-__Cottyn__Richard_-_SoS_Decision.pdf-case: ./_WEB_DECISION__-__Cottyn__Richard_-_SoS_Decision.pdf- ./_WEB_DECISION__-__Cottyn__Richard_-_SoS_Decision.pdf: • serious sexual misconduct e.g. where the act was sexually motivated and resulted ./_WEB_DECISION__-__Cottyn__Richard_-_SoS_Decision.pdf- in, or had the potential to result in, harm to a person or persons, particularly where ./_WEB_DECISION__-__Cottyn__Richard_-_SoS_Decision.pdf- the individual has used their professional position to influence or exploit a person ./_WEB_DECISION__-__Cottyn__Richard_-_SoS_Decision.pdf- or persons; ./_WEB_DECISION__-__Cottyn__Richard_-_SoS_Decision.pdf- ./_WEB_DECISION__-__Cottyn__Richard_-_SoS_Decision.pdf: • any sexual misconduct involving a child; and ./_WEB_DECISION__-__Cottyn__Richard_-_SoS_Decision.pdf- ./_WEB_DECISION__-__Cottyn__Richard_-_SoS_Decision.pdf- • any activity involving viewing, taking, making, possessing, distributing or ./_WEB_DECISION__-__Cottyn__Richard_-_SoS_Decision.pdf- publishing any indecent photograph or image or indecent pseudo photograph or ./_WEB_DECISION__-__Cottyn__Richard_-_SoS_Decision.pdf- image of a child, including one off incidents. ./_WEB_DECISION__-__Cottyn__Richard_-_SoS_Decision.pdf- ./_WEB_DECISION__-__Cottyn__Richard_-_SoS_Decision.pdf-The panel decided that its findings indicated a situation in which a review period would ./_WEB_DECISION__-__Cottyn__Richard_-_SoS_Decision.pdf-not be appropriate and, as such, decided that it would be proportionate in all the ./_WEB_DECISION__-__Cottyn__Richard_-_SoS_Decision.pdf-circumstances for the prohibition order to be recommended without provisions for a ./_WEB_DECISION__-__Cottyn__Richard_-_SoS_Decision.pdf-review period. ./_WEB_DECISION__-__Cottyn__Richard_-_SoS_Decision.pdf- -- ./_WEB_DECISION__-__Cottyn__Richard_-_SoS_Decision.pdf- • Teachers must have proper and professional regard for the ethos, policies and ./_WEB_DECISION__-__Cottyn__Richard_-_SoS_Decision.pdf- practices of the school in which they teach... ./_WEB_DECISION__-__Cottyn__Richard_-_SoS_Decision.pdf- ./_WEB_DECISION__-__Cottyn__Richard_-_SoS_Decision.pdf- • Teachers must have an understanding of, and always act within, the statutory ./_WEB_DECISION__-__Cottyn__Richard_-_SoS_Decision.pdf- frameworks which set out their professional duties and responsibilities. ./_WEB_DECISION__-__Cottyn__Richard_-_SoS_Decision.pdf- ./_WEB_DECISION__-__Cottyn__Richard_-_SoS_Decision.pdf-The panel finds that the conduct of Mr Cottyn fell significantly short of the standards ./_WEB_DECISION__-__Cottyn__Richard_-_SoS_Decision.pdf-expected of the profession. ./_WEB_DECISION__-__Cottyn__Richard_-_SoS_Decision.pdf- ./_WEB_DECISION__-__Cottyn__Richard_-_SoS_Decision.pdf-The findings of misconduct are particularly serious as they include a finding of 28 ./_WEB_DECISION__-__Cottyn__Richard_-_SoS_Decision.pdf:separate criminal offences, involving sexual activity with children, attempting, and ./_WEB_DECISION__-__Cottyn__Richard_-_SoS_Decision.pdf:causing/inciting sexual activity with children and making indecent photographs or ./_WEB_DECISION__-__Cottyn__Richard_-_SoS_Decision.pdf-pseudo-photographs of children. Conduct that took place over a sustained period. ./_WEB_DECISION__-__Cottyn__Richard_-_SoS_Decision.pdf- ./_WEB_DECISION__-__Cottyn__Richard_-_SoS_Decision.pdf-I have to determine whether the imposition of a prohibition order is proportionate and in ./_WEB_DECISION__-__Cottyn__Richard_-_SoS_Decision.pdf-the public interest. In considering that for this case, I have considered the overall aim of a ./_WEB_DECISION__-__Cottyn__Richard_-_SoS_Decision.pdf-prohibition order which is to protect pupils and to maintain public confidence in the ./_WEB_DECISION__-__Cottyn__Richard_-_SoS_Decision.pdf-profession. I have considered the extent to which a prohibition order in this case would ./_WEB_DECISION__-__Cottyn__Richard_-_SoS_Decision.pdf-achieve that aim taking into account the impact that it will have on the individual teacher. ./_WEB_DECISION__-__Cottyn__Richard_-_SoS_Decision.pdf-I have also asked myself, whether a less intrusive measure, such as the published ./_WEB_DECISION__-__Cottyn__Richard_-_SoS_Decision.pdf-finding of unacceptable professional conduct and conduct that may bring the profession ./_WEB_DECISION__-__Cottyn__Richard_-_SoS_Decision.pdf-into disrepute, would itself be sufficient to achieve the overall aim. I have to consider ./_WEB_DECISION__-__Cottyn__Richard_-_SoS_Decision.pdf-whether the consequences of such a publication are themselves sufficient. I have ./_WEB_DECISION__-__Cottyn__Richard_-_SoS_Decision.pdf-considered therefore whether or not prohibiting Mr Cottyn, and the impact that will have ./_WEB_DECISION__-__Cottyn__Richard_-_SoS_Decision.pdf-on him, is proportionate and in the public interest. ./_WEB_DECISION__-__Cottyn__Richard_-_SoS_Decision.pdf- ./_WEB_DECISION__-__Cottyn__Richard_-_SoS_Decision.pdf-In this case, I have considered the extent to which a prohibition order would protect ./_WEB_DECISION__-__Cottyn__Richard_-_SoS_Decision.pdf-children. The panel has observed, “The panel determined there to be a very strong public ./_WEB_DECISION__-__Cottyn__Richard_-_SoS_Decision.pdf-interest consideration in respect of the protection of pupils given the serious and multiple ./_WEB_DECISION__-__Cottyn__Richard_-_SoS_Decision.pdf:findings of inappropriate sexual activity with children.” A prohibition order would therefore ./_WEB_DECISION__-__Cottyn__Richard_-_SoS_Decision.pdf-prevent such a risk from being present in the future. ./_WEB_DECISION__-__Cottyn__Richard_-_SoS_Decision.pdf- ./_WEB_DECISION__-__Cottyn__Richard_-_SoS_Decision.pdf-I have also taken into account the panel’s comments on insight and remorse, which the ./_WEB_DECISION__-__Cottyn__Richard_-_SoS_Decision.pdf-panel sets out as follows, “The panel noted a mitigation statement from Mr Cottyn dated ./_WEB_DECISION__-__Cottyn__Richard_-_SoS_Decision.pdf- ./_WEB_DECISION__-__Cottyn__Richard_-_SoS_Decision.pdf- 17 ./_WEB_DECISION__-__Cottyn__Richard_-_SoS_Decision.pdf- -- ./_WEB_DECISION__-__Cottyn__Richard_-_SoS_Decision.pdf-In my judgement, the lack of full insight or remorse means that there is some risk of the ./_WEB_DECISION__-__Cottyn__Richard_-_SoS_Decision.pdf-repetition of this behaviour and this puts at risk future pupils’ wellbeing. I have therefore ./_WEB_DECISION__-__Cottyn__Richard_-_SoS_Decision.pdf-given this element considerable weight in reaching my decision. ./_WEB_DECISION__-__Cottyn__Richard_-_SoS_Decision.pdf- ./_WEB_DECISION__-__Cottyn__Richard_-_SoS_Decision.pdf-I have gone on to consider the extent to which a prohibition order would maintain public ./_WEB_DECISION__-__Cottyn__Richard_-_SoS_Decision.pdf-confidence in the profession. The panel observe, “Mr Cottyn’s behaviour in committing ./_WEB_DECISION__-__Cottyn__Richard_-_SoS_Decision.pdf-the offences would affect public confidence in the teaching profession, given the ./_WEB_DECISION__-__Cottyn__Richard_-_SoS_Decision.pdf-influence that teachers may have on pupils, parents and others in the community. ./_WEB_DECISION__-__Cottyn__Richard_-_SoS_Decision.pdf-Further, the panel considered that public confidence in the profession would be severely ./_WEB_DECISION__-__Cottyn__Richard_-_SoS_Decision.pdf-damaged if in the event he was allowed to teach following his release from prison.” I am ./_WEB_DECISION__-__Cottyn__Richard_-_SoS_Decision.pdf:particularly mindful of the finding of sexual offences involving children in this case and the ./_WEB_DECISION__-__Cottyn__Richard_-_SoS_Decision.pdf-impact that such a finding has on the reputation of the profession. ./_WEB_DECISION__-__Cottyn__Richard_-_SoS_Decision.pdf- ./_WEB_DECISION__-__Cottyn__Richard_-_SoS_Decision.pdf-I have had to consider that the public has a high expectation of professional standards of ./_WEB_DECISION__-__Cottyn__Richard_-_SoS_Decision.pdf-all teachers and that the public might regard a failure to impose a prohibition order as a ./_WEB_DECISION__-__Cottyn__Richard_-_SoS_Decision.pdf-failure to uphold those high standards. In weighing these considerations, I have had to ./_WEB_DECISION__-__Cottyn__Richard_-_SoS_Decision.pdf-consider the matter from the point of view of an “ordinary intelligent and well-informed ./_WEB_DECISION__-__Cottyn__Richard_-_SoS_Decision.pdf-citizen.” ./_WEB_DECISION__-__Cottyn__Richard_-_SoS_Decision.pdf- ./_WEB_DECISION__-__Cottyn__Richard_-_SoS_Decision.pdf-I have considered whether the publication of a finding of unacceptable professional ./_WEB_DECISION__-__Cottyn__Richard_-_SoS_Decision.pdf-conduct, in the absence of a prohibition order, can itself be regarded by such a person as -- ./_WEB_DECISION__-__Cottyn__Richard_-_SoS_Decision.pdf-panel comment “Mr Cottyn had been an experienced and senior teacher and leader at ./_WEB_DECISION__-__Cottyn__Richard_-_SoS_Decision.pdf-the time he committed the relevant offences. He had qualified as a teacher in 2008.” The ./_WEB_DECISION__-__Cottyn__Richard_-_SoS_Decision.pdf-panel also commented “There was no evidence that Mr Cottyn had demonstrated ./_WEB_DECISION__-__Cottyn__Richard_-_SoS_Decision.pdf-exceptionally high standards in both personal and professional conduct and no evidence ./_WEB_DECISION__-__Cottyn__Richard_-_SoS_Decision.pdf-that he had contributed significantly to the education sector.” A prohibition order would ./_WEB_DECISION__-__Cottyn__Richard_-_SoS_Decision.pdf-prevent Mr Cottyn from teaching. A prohibition order would also clearly deprive the public ./_WEB_DECISION__-__Cottyn__Richard_-_SoS_Decision.pdf-of his contribution to the profession for the period that it is in force. ./_WEB_DECISION__-__Cottyn__Richard_-_SoS_Decision.pdf- ./_WEB_DECISION__-__Cottyn__Richard_-_SoS_Decision.pdf-In this case, I have placed considerable weight on the panel’s comments concerning the ./_WEB_DECISION__-__Cottyn__Richard_-_SoS_Decision.pdf-seriousness of the allegations, resulting in a prison sentence of over 8 years and ./_WEB_DECISION__-__Cottyn__Richard_-_SoS_Decision.pdf:sentenced to a sexual harm prevention order for life. The panel has said, “There was ./_WEB_DECISION__-__Cottyn__Richard_-_SoS_Decision.pdf-evidence within the police report and the sentencing remarks that Mr Cottyn had ./_WEB_DECISION__-__Cottyn__Richard_-_SoS_Decision.pdf-engaged in sustained online misconduct and inappropriate relationships with underage ./_WEB_DECISION__-__Cottyn__Richard_-_SoS_Decision.pdf-and vulnerable victims and had moved online relationships into contact relationships.” ./_WEB_DECISION__-__Cottyn__Richard_-_SoS_Decision.pdf- ./_WEB_DECISION__-__Cottyn__Richard_-_SoS_Decision.pdf- ./_WEB_DECISION__-__Cottyn__Richard_-_SoS_Decision.pdf- ./_WEB_DECISION__-__Cottyn__Richard_-_SoS_Decision.pdf- ./_WEB_DECISION__-__Cottyn__Richard_-_SoS_Decision.pdf- 18 ./_WEB_DECISION__-__Cottyn__Richard_-_SoS_Decision.pdf- -- ./_WEB_DECISION__-__Cottyn__Richard_-_SoS_Decision.pdf-public interest in order to achieve the intended aims of a prohibition order. ./_WEB_DECISION__-__Cottyn__Richard_-_SoS_Decision.pdf- ./_WEB_DECISION__-__Cottyn__Richard_-_SoS_Decision.pdf-I have gone on to consider the matter of a review period. In this case, the panel has ./_WEB_DECISION__-__Cottyn__Richard_-_SoS_Decision.pdf-recommended that no provision should be made for a review period. ./_WEB_DECISION__-__Cottyn__Richard_-_SoS_Decision.pdf- ./_WEB_DECISION__-__Cottyn__Richard_-_SoS_Decision.pdf-I have considered the panel’s comments “The Advice indicates that where a case ./_WEB_DECISION__-__Cottyn__Richard_-_SoS_Decision.pdf-involves certain conduct, it is likely the public interest will have greater relevance and ./_WEB_DECISION__-__Cottyn__Richard_-_SoS_Decision.pdf-weigh in the favour of not offering a review period. The panel found the following conduct ./_WEB_DECISION__-__Cottyn__Richard_-_SoS_Decision.pdf-referred to in the Advice present in this case: ./_WEB_DECISION__-__Cottyn__Richard_-_SoS_Decision.pdf- ./_WEB_DECISION__-__Cottyn__Richard_-_SoS_Decision.pdf: • serious sexual misconduct e.g. where the act was sexually motivated and resulted ./_WEB_DECISION__-__Cottyn__Richard_-_SoS_Decision.pdf- in, or had the potential to result in, harm to a person or persons, particularly where ./_WEB_DECISION__-__Cottyn__Richard_-_SoS_Decision.pdf- the individual has used their professional position to influence or exploit a person ./_WEB_DECISION__-__Cottyn__Richard_-_SoS_Decision.pdf- or persons; ./_WEB_DECISION__-__Cottyn__Richard_-_SoS_Decision.pdf- ./_WEB_DECISION__-__Cottyn__Richard_-_SoS_Decision.pdf: • any sexual misconduct involving a child; and ./_WEB_DECISION__-__Cottyn__Richard_-_SoS_Decision.pdf- ./_WEB_DECISION__-__Cottyn__Richard_-_SoS_Decision.pdf- • any activity involving viewing, taking, making, possessing, distributing or ./_WEB_DECISION__-__Cottyn__Richard_-_SoS_Decision.pdf- publishing any indecent photograph or image or indecent pseudo photograph or ./_WEB_DECISION__-__Cottyn__Richard_-_SoS_Decision.pdf- image of a child, including one off incidents. ./_WEB_DECISION__-__Cottyn__Richard_-_SoS_Decision.pdf- ./_WEB_DECISION__-__Cottyn__Richard_-_SoS_Decision.pdf-I have considered whether a no review period reflects the seriousness of the findings and ./_WEB_DECISION__-__Cottyn__Richard_-_SoS_Decision.pdf-is a proportionate to achieve the aim of maintaining public confidence in the profession. ./_WEB_DECISION__-__Cottyn__Richard_-_SoS_Decision.pdf-In this case, a number of factors mean that no review is necessary to achieve the aim of ./_WEB_DECISION__-__Cottyn__Richard_-_SoS_Decision.pdf-maintaining public confidence in the profession, these elements are the seriousness of ./_WEB_DECISION__-__Cottyn__Richard_-_SoS_Decision.pdf:the sexual offences involving children, which took place over a sustained period and the ./_WEB_DECISION__-__Cottyn__Richard_-_SoS_Decision.pdf-lack of full insight or remorse. ./_WEB_DECISION__-__Cottyn__Richard_-_SoS_Decision.pdf- ./_WEB_DECISION__-__Cottyn__Richard_-_SoS_Decision.pdf-I consider therefore that allowing for no review period is necessary to maintain public ./_WEB_DECISION__-__Cottyn__Richard_-_SoS_Decision.pdf-confidence and is proportionate and in the public interest. ./_WEB_DECISION__-__Cottyn__Richard_-_SoS_Decision.pdf- ./_WEB_DECISION__-__Cottyn__Richard_-_SoS_Decision.pdf-This means that Mr Richard Cottyn is prohibited from teaching indefinitely and ./_WEB_DECISION__-__Cottyn__Richard_-_SoS_Decision.pdf-cannot teach in any school, sixth form college, relevant youth accommodation or ./_WEB_DECISION__-__Cottyn__Richard_-_SoS_Decision.pdf- ./_WEB_DECISION__-__Cottyn__Richard_-_SoS_Decision.pdf- 19 ./_WEB_DECISION__-__Cottyn__Richard_-_SoS_Decision.pdf- ./_WEB_DECISION__Ashley_Richard_S_of_S_decision.pdf-allegations to be considered without a hearing. The panel had the ability to direct that the ./_WEB_DECISION__Ashley_Richard_S_of_S_decision.pdf-case be considered at a hearing if required in the interests of justice or in the public ./_WEB_DECISION__Ashley_Richard_S_of_S_decision.pdf-interest. The panel did not determine that such a direction was necessary or appropriate ./_WEB_DECISION__Ashley_Richard_S_of_S_decision.pdf-in this case. ./_WEB_DECISION__Ashley_Richard_S_of_S_decision.pdf- ./_WEB_DECISION__Ashley_Richard_S_of_S_decision.pdf-Mr Ashley was employed as a science teacher by North Kesteven Academy (‘the school’) ./_WEB_DECISION__Ashley_Richard_S_of_S_decision.pdf-from 1 September 2013. ./_WEB_DECISION__Ashley_Richard_S_of_S_decision.pdf- ./_WEB_DECISION__Ashley_Richard_S_of_S_decision.pdf-On 14 September 2016, Mr Ashley was arrested on suspicion of possessing indecent ./_WEB_DECISION__Ashley_Richard_S_of_S_decision.pdf-images of children. Mr Ashley was further arrested, on 15 September 2016, on suspicion ./_WEB_DECISION__Ashley_Richard_S_of_S_decision.pdf:of sexual assault on a male. ./_WEB_DECISION__Ashley_Richard_S_of_S_decision.pdf- ./_WEB_DECISION__Ashley_Richard_S_of_S_decision.pdf-Mr Ashley’s employment at the school was terminated on 16 September 2016. ./_WEB_DECISION__Ashley_Richard_S_of_S_decision.pdf- ./_WEB_DECISION__Ashley_Richard_S_of_S_decision.pdf-On 25 July 2019, Mr Ashley was convicted of 4 offences at Sheffield Crown Court, ./_WEB_DECISION__Ashley_Richard_S_of_S_decision.pdf-namely, the making and taking of indecent photographs/pseudo-photographs of a child. ./_WEB_DECISION__Ashley_Richard_S_of_S_decision.pdf- ./_WEB_DECISION__Ashley_Richard_S_of_S_decision.pdf-On 1 July 2020, Mr Ashley was convicted at Sheffield Crown Court of a further 4 ./_WEB_DECISION__Ashley_Richard_S_of_S_decision.pdf:offences, namely, sexual activity with a boy under 13 – no penetration and possession of ./_WEB_DECISION__Ashley_Richard_S_of_S_decision.pdf-an indecent photograph/pseudo-photograph of a child. ./_WEB_DECISION__Ashley_Richard_S_of_S_decision.pdf- ./_WEB_DECISION__Ashley_Richard_S_of_S_decision.pdf-Mr Ashley was sentenced at Sheffield Crown Court, on 11 August 2020 to 24 months’ ./_WEB_DECISION__Ashley_Richard_S_of_S_decision.pdf:imprisonment, suspended for 24 months. He was also required to sign the sex offender ./_WEB_DECISION__Ashley_Richard_S_of_S_decision.pdf:register for a period of 10 years and a sexual harm prevention order was made for a ./_WEB_DECISION__Ashley_Richard_S_of_S_decision.pdf-period of 5 years. ./_WEB_DECISION__Ashley_Richard_S_of_S_decision.pdf- ./_WEB_DECISION__Ashley_Richard_S_of_S_decision.pdf-Findings of fact ./_WEB_DECISION__Ashley_Richard_S_of_S_decision.pdf- ./_WEB_DECISION__Ashley_Richard_S_of_S_decision.pdf-The findings of fact are as follows: ./_WEB_DECISION__Ashley_Richard_S_of_S_decision.pdf- ./_WEB_DECISION__Ashley_Richard_S_of_S_decision.pdf-The panel found the following particulars of the allegations against you proved, for these ./_WEB_DECISION__Ashley_Richard_S_of_S_decision.pdf-reasons: ./_WEB_DECISION__Ashley_Richard_S_of_S_decision.pdf- ./_WEB_DECISION__Ashley_Richard_S_of_S_decision.pdf- -- ./_WEB_DECISION__Ashley_Richard_S_of_S_decision.pdf- • Teachers must have an understanding of, and always act within, the statutory ./_WEB_DECISION__Ashley_Richard_S_of_S_decision.pdf- frameworks which set out their professional duties and responsibilities. ./_WEB_DECISION__Ashley_Richard_S_of_S_decision.pdf- ./_WEB_DECISION__Ashley_Richard_S_of_S_decision.pdf-The panel was satisfied that the conduct of Mr Ashley was wholly contrary to the ./_WEB_DECISION__Ashley_Richard_S_of_S_decision.pdf-standards expected of the teaching profession, and it was of the view that Mr Ashley’s ./_WEB_DECISION__Ashley_Richard_S_of_S_decision.pdf-conduct was at the more serious end of the spectrum. ./_WEB_DECISION__Ashley_Richard_S_of_S_decision.pdf- ./_WEB_DECISION__Ashley_Richard_S_of_S_decision.pdf-The panel noted that the offences had taken place outside of the school setting. ./_WEB_DECISION__Ashley_Richard_S_of_S_decision.pdf-However, the panel concluded that Mr Ashley’s actions were relevant to teaching, ./_WEB_DECISION__Ashley_Richard_S_of_S_decision.pdf-working with children and/or working in an education setting on the basis that Mr Ashley ./_WEB_DECISION__Ashley_Richard_S_of_S_decision.pdf:had been convicted of sexual activity with a child and taking, making and possessing ./_WEB_DECISION__Ashley_Richard_S_of_S_decision.pdf-indecent photographs/pseudo-photographs of children. The behaviour involved in ./_WEB_DECISION__Ashley_Richard_S_of_S_decision.pdf-committing the offences could have had an impact on the safety or security of pupils ./_WEB_DECISION__Ashley_Richard_S_of_S_decision.pdf-and/or members of the public. ./_WEB_DECISION__Ashley_Richard_S_of_S_decision.pdf- ./_WEB_DECISION__Ashley_Richard_S_of_S_decision.pdf- ./_WEB_DECISION__Ashley_Richard_S_of_S_decision.pdf- ./_WEB_DECISION__Ashley_Richard_S_of_S_decision.pdf- ./_WEB_DECISION__Ashley_Richard_S_of_S_decision.pdf- 8 ./_WEB_DECISION__Ashley_Richard_S_of_S_decision.pdf- -- ./_WEB_DECISION__Ashley_Richard_S_of_S_decision.pdf-(albeit that it was suspended), which was indicative of the seriousness of the offences ./_WEB_DECISION__Ashley_Richard_S_of_S_decision.pdf-committed. The Advice states that a conviction for any offence leading to a term of ./_WEB_DECISION__Ashley_Richard_S_of_S_decision.pdf-imprisonment, including any suspended sentence, is likely to be considered “a relevant ./_WEB_DECISION__Ashley_Richard_S_of_S_decision.pdf-offence”. ./_WEB_DECISION__Ashley_Richard_S_of_S_decision.pdf- ./_WEB_DECISION__Ashley_Richard_S_of_S_decision.pdf-The panel noted page 12 of the Advice, which states that a conviction for any offence ./_WEB_DECISION__Ashley_Richard_S_of_S_decision.pdf-which relates to, or involves, certain conduct will be considered a relevant offence. ./_WEB_DECISION__Ashley_Richard_S_of_S_decision.pdf-Having reviewed all the documents, including the police report, the panel considered that ./_WEB_DECISION__Ashley_Richard_S_of_S_decision.pdf-the proven offences related to or involved: ./_WEB_DECISION__Ashley_Richard_S_of_S_decision.pdf- ./_WEB_DECISION__Ashley_Richard_S_of_S_decision.pdf:• sexual activity. ./_WEB_DECISION__Ashley_Richard_S_of_S_decision.pdf- ./_WEB_DECISION__Ashley_Richard_S_of_S_decision.pdf-• any activity involving viewing, taking, making, possessing, distributing or publishing ./_WEB_DECISION__Ashley_Richard_S_of_S_decision.pdf- any indecent photograph or image or indecent pseudo photograph or image of a child, ./_WEB_DECISION__Ashley_Richard_S_of_S_decision.pdf- or permitting any such activity, including one off incidents. ./_WEB_DECISION__Ashley_Richard_S_of_S_decision.pdf- ./_WEB_DECISION__Ashley_Richard_S_of_S_decision.pdf-The panel found that the seriousness of the offending behaviour that led to the conviction ./_WEB_DECISION__Ashley_Richard_S_of_S_decision.pdf-was relevant to Mr Ashley’s ongoing suitability to teach. The panel considered that a ./_WEB_DECISION__Ashley_Richard_S_of_S_decision.pdf-finding that Mr Ashley’s convictions were for relevant offences was necessary to reaffirm ./_WEB_DECISION__Ashley_Richard_S_of_S_decision.pdf-clear standards of conduct so as to maintain public confidence in the teaching profession. ./_WEB_DECISION__Ashley_Richard_S_of_S_decision.pdf- -- ./_WEB_DECISION__Ashley_Richard_S_of_S_decision.pdf-confidence in the profession; declaring and upholding proper standards of conduct; and ./_WEB_DECISION__Ashley_Richard_S_of_S_decision.pdf-that prohibition strikes the right balance between the rights of the teacher and the public ./_WEB_DECISION__Ashley_Richard_S_of_S_decision.pdf-interest. ./_WEB_DECISION__Ashley_Richard_S_of_S_decision.pdf- ./_WEB_DECISION__Ashley_Richard_S_of_S_decision.pdf:In the light of the panel’s findings against Mr Ashley which involved sexual activity with a ./_WEB_DECISION__Ashley_Richard_S_of_S_decision.pdf-child and taking and possessing indecent photographs/pseudo-photographs of a child, ./_WEB_DECISION__Ashley_Richard_S_of_S_decision.pdf-there was a strong public interest consideration in respect of the protection of pupils. ./_WEB_DECISION__Ashley_Richard_S_of_S_decision.pdf- ./_WEB_DECISION__Ashley_Richard_S_of_S_decision.pdf-The panel considered Mr Ashley’s conduct to be very serious, noting that a large number ./_WEB_DECISION__Ashley_Richard_S_of_S_decision.pdf-of indecent images (7,767 in total) had been found on devices belonging to Mr Ashley. In ./_WEB_DECISION__Ashley_Richard_S_of_S_decision.pdf-addition to admitting to downloading and viewing indecent images of children, Mr Ashley ./_WEB_DECISION__Ashley_Richard_S_of_S_decision.pdf-also admitted to creating indecent images of children and/or filming children whilst ./_WEB_DECISION__Ashley_Richard_S_of_S_decision.pdf:camping on a nudist site in France. Furthermore, Mr Ashley was convicted of sexual ./_WEB_DECISION__Ashley_Richard_S_of_S_decision.pdf-activity with a child, namely touching and taking inappropriate pictures of that child whilst ./_WEB_DECISION__Ashley_Richard_S_of_S_decision.pdf-he was asleep and/or incapacitated. ./_WEB_DECISION__Ashley_Richard_S_of_S_decision.pdf- ./_WEB_DECISION__Ashley_Richard_S_of_S_decision.pdf-The panel therefore considered that public confidence in the profession could be ./_WEB_DECISION__Ashley_Richard_S_of_S_decision.pdf-seriously weakened if conduct such as that found against Mr Ashley were not treated ./_WEB_DECISION__Ashley_Richard_S_of_S_decision.pdf-with the utmost seriousness when regulating the conduct of the profession. The panel ./_WEB_DECISION__Ashley_Richard_S_of_S_decision.pdf-assessed public confidence by reference to the standard of an ordinary intelligent and ./_WEB_DECISION__Ashley_Richard_S_of_S_decision.pdf-well-informed citizen, who both appreciates the seriousness of the proposed ‘sanction’ ./_WEB_DECISION__Ashley_Richard_S_of_S_decision.pdf-and recognises the high standards expected of all teachers, as well as other issues ./_WEB_DECISION__Ashley_Richard_S_of_S_decision.pdf-involved in the case. -- ./_WEB_DECISION__Ashley_Richard_S_of_S_decision.pdf- • misconduct seriously affecting the education and/or safeguarding and well-being ./_WEB_DECISION__Ashley_Richard_S_of_S_decision.pdf- of pupils, and particularly where there is a continuing risk ./_WEB_DECISION__Ashley_Richard_S_of_S_decision.pdf- ./_WEB_DECISION__Ashley_Richard_S_of_S_decision.pdf- • abuse of position or trust (particularly involving pupils) ./_WEB_DECISION__Ashley_Richard_S_of_S_decision.pdf- ./_WEB_DECISION__Ashley_Richard_S_of_S_decision.pdf: • sexual misconduct, e.g. involving actions that were sexually motivated or of a ./_WEB_DECISION__Ashley_Richard_S_of_S_decision.pdf: sexual nature and/or that use or exploit the trust, knowledge or influence derived ./_WEB_DECISION__Ashley_Richard_S_of_S_decision.pdf- from the individual’s professional position ./_WEB_DECISION__Ashley_Richard_S_of_S_decision.pdf- ./_WEB_DECISION__Ashley_Richard_S_of_S_decision.pdf- • any activity involving viewing, taking, making, possessing, distributing or ./_WEB_DECISION__Ashley_Richard_S_of_S_decision.pdf- publishing any indecent photograph or image or indecent pseudo photograph or ./_WEB_DECISION__Ashley_Richard_S_of_S_decision.pdf- image of a child, or permitting such activity, including one-off incidents. ./_WEB_DECISION__Ashley_Richard_S_of_S_decision.pdf- ./_WEB_DECISION__Ashley_Richard_S_of_S_decision.pdf-Even though some of the behaviour found proved in this case indicated that a prohibition ./_WEB_DECISION__Ashley_Richard_S_of_S_decision.pdf-order would be appropriate, the panel went on to consider the mitigating factors. ./_WEB_DECISION__Ashley_Richard_S_of_S_decision.pdf-Mitigating factors may indicate that a prohibition order would not be appropriate or ./_WEB_DECISION__Ashley_Richard_S_of_S_decision.pdf-proportionate. -- ./_WEB_DECISION__Ashley_Richard_S_of_S_decision.pdf-The panel was of the view that prohibition was both proportionate and appropriate. The ./_WEB_DECISION__Ashley_Richard_S_of_S_decision.pdf-panel decided that the public interest considerations outweighed the interests of Mr ./_WEB_DECISION__Ashley_Richard_S_of_S_decision.pdf:Ashley. The seriousness of Mr Ashley’s conduct and his convictions (in particular sexual ./_WEB_DECISION__Ashley_Richard_S_of_S_decision.pdf-activity with a child and the volume of indecent images found on devices belonging to Mr ./_WEB_DECISION__Ashley_Richard_S_of_S_decision.pdf-Ashley) was a significant factor in forming that opinion. Accordingly, the panel made a ./_WEB_DECISION__Ashley_Richard_S_of_S_decision.pdf-recommendation to the Secretary of State that a prohibition order should be imposed with ./_WEB_DECISION__Ashley_Richard_S_of_S_decision.pdf-immediate effect. ./_WEB_DECISION__Ashley_Richard_S_of_S_decision.pdf- ./_WEB_DECISION__Ashley_Richard_S_of_S_decision.pdf-The panel went on to consider whether or not it would be appropriate to recommend that ./_WEB_DECISION__Ashley_Richard_S_of_S_decision.pdf-a review period of the order should be considered. The panel was mindful that the Advice ./_WEB_DECISION__Ashley_Richard_S_of_S_decision.pdf-states that a prohibition order applies for life, but there may be circumstances, in any ./_WEB_DECISION__Ashley_Richard_S_of_S_decision.pdf-given case, that may make it appropriate to allow a teacher to apply to have the ./_WEB_DECISION__Ashley_Richard_S_of_S_decision.pdf-prohibition order reviewed after a specified period of time that may not be less than 2 ./_WEB_DECISION__Ashley_Richard_S_of_S_decision.pdf-years. ./_WEB_DECISION__Ashley_Richard_S_of_S_decision.pdf- ./_WEB_DECISION__Ashley_Richard_S_of_S_decision.pdf-The Advice indicates that where a case involves certain conduct, it is likely the public ./_WEB_DECISION__Ashley_Richard_S_of_S_decision.pdf-interest will have greater relevance and weigh in the favour of not offering a review ./_WEB_DECISION__Ashley_Richard_S_of_S_decision.pdf-period. The panel found the following conduct referred to in the Advice present in this ./_WEB_DECISION__Ashley_Richard_S_of_S_decision.pdf-case: ./_WEB_DECISION__Ashley_Richard_S_of_S_decision.pdf- ./_WEB_DECISION__Ashley_Richard_S_of_S_decision.pdf:• serious sexual misconduct, such as where the act was sexually motivated and ./_WEB_DECISION__Ashley_Richard_S_of_S_decision.pdf- resulted in or had the potential to result in, harm to a person or persons, particularly ./_WEB_DECISION__Ashley_Richard_S_of_S_decision.pdf- where the individual has used his professional position to influence or exploit a person ./_WEB_DECISION__Ashley_Richard_S_of_S_decision.pdf- or persons ./_WEB_DECISION__Ashley_Richard_S_of_S_decision.pdf- ./_WEB_DECISION__Ashley_Richard_S_of_S_decision.pdf:• any sexual misconduct involving a child ./_WEB_DECISION__Ashley_Richard_S_of_S_decision.pdf- ./_WEB_DECISION__Ashley_Richard_S_of_S_decision.pdf-• and any activity involving viewing, taking, making, possessing, distributing or ./_WEB_DECISION__Ashley_Richard_S_of_S_decision.pdf- publishing any indecent photograph or image or indecent pseudo photograph or ./_WEB_DECISION__Ashley_Richard_S_of_S_decision.pdf- image of a child, including one off incidents. ./_WEB_DECISION__Ashley_Richard_S_of_S_decision.pdf- ./_WEB_DECISION__Ashley_Richard_S_of_S_decision.pdf-The panel decided that the findings indicated a situation in which a review period would ./_WEB_DECISION__Ashley_Richard_S_of_S_decision.pdf-not be appropriate and, as such, decided that it would be proportionate in all the ./_WEB_DECISION__Ashley_Richard_S_of_S_decision.pdf-circumstances for the prohibition order to be recommended without provisions for a ./_WEB_DECISION__Ashley_Richard_S_of_S_decision.pdf-review period. ./_WEB_DECISION__Ashley_Richard_S_of_S_decision.pdf- -- ./_WEB_DECISION__Ashley_Richard_S_of_S_decision.pdf- practices of the school in which they teach and maintain high standards. ./_WEB_DECISION__Ashley_Richard_S_of_S_decision.pdf- ./_WEB_DECISION__Ashley_Richard_S_of_S_decision.pdf- • Teachers must have an understanding of, and always act within, the statutory ./_WEB_DECISION__Ashley_Richard_S_of_S_decision.pdf- frameworks which set out their professional duties and responsibilities. ./_WEB_DECISION__Ashley_Richard_S_of_S_decision.pdf- ./_WEB_DECISION__Ashley_Richard_S_of_S_decision.pdf-In addition the panel, “was satisfied that the conduct of Mr Ashley was wholly contrary to ./_WEB_DECISION__Ashley_Richard_S_of_S_decision.pdf-the standards expected of the teaching profession, and it was of the view that Mr ./_WEB_DECISION__Ashley_Richard_S_of_S_decision.pdf-Ashley’s conduct was at the more serious end of the spectrum.” ./_WEB_DECISION__Ashley_Richard_S_of_S_decision.pdf- ./_WEB_DECISION__Ashley_Richard_S_of_S_decision.pdf-The findings of misconduct are particularly serious as they include a finding of relevant ./_WEB_DECISION__Ashley_Richard_S_of_S_decision.pdf:convictions for sexual activity with children and the making and possession of indecent ./_WEB_DECISION__Ashley_Richard_S_of_S_decision.pdf-images of children. ./_WEB_DECISION__Ashley_Richard_S_of_S_decision.pdf- ./_WEB_DECISION__Ashley_Richard_S_of_S_decision.pdf-I have to determine whether the imposition of a prohibition order is proportionate and in ./_WEB_DECISION__Ashley_Richard_S_of_S_decision.pdf-the public interest. In considering that for this case, I have considered the overall aim of a ./_WEB_DECISION__Ashley_Richard_S_of_S_decision.pdf-prohibition order which is to protect pupils and to maintain public confidence in the ./_WEB_DECISION__Ashley_Richard_S_of_S_decision.pdf-profession. I have considered the extent to which a prohibition order in this case would ./_WEB_DECISION__Ashley_Richard_S_of_S_decision.pdf-achieve that aim taking into account the impact that it will have on the individual teacher. ./_WEB_DECISION__Ashley_Richard_S_of_S_decision.pdf-I have also asked myself, whether a less intrusive measure, such as the published ./_WEB_DECISION__Ashley_Richard_S_of_S_decision.pdf-finding of unacceptable professional conduct and conduct that may bring the profession ./_WEB_DECISION__Ashley_Richard_S_of_S_decision.pdf-into disrepute, would itself be sufficient to achieve the overall aim. I have to consider -- ./_WEB_DECISION__Ashley_Richard_S_of_S_decision.pdf-considered therefore whether or not prohibiting Mr Ashley, and the impact that will have ./_WEB_DECISION__Ashley_Richard_S_of_S_decision.pdf-on the teacher, is proportionate and in the public interest. ./_WEB_DECISION__Ashley_Richard_S_of_S_decision.pdf- ./_WEB_DECISION__Ashley_Richard_S_of_S_decision.pdf-In this case, I have considered the extent to which a prohibition order would protect ./_WEB_DECISION__Ashley_Richard_S_of_S_decision.pdf-children/safeguard pupils. The panel has observed, “In the light of the panel’s findings ./_WEB_DECISION__Ashley_Richard_S_of_S_decision.pdf:against Mr Ashley which involved sexual activity with a child and taking and possessing ./_WEB_DECISION__Ashley_Richard_S_of_S_decision.pdf-indecent photographs/pseudo-photographs of a child, there was a strong public interest ./_WEB_DECISION__Ashley_Richard_S_of_S_decision.pdf-consideration in respect of the protection of pupils.” ./_WEB_DECISION__Ashley_Richard_S_of_S_decision.pdf- ./_WEB_DECISION__Ashley_Richard_S_of_S_decision.pdf-A prohibition order would therefore prevent such a risk from being present in the future. ./_WEB_DECISION__Ashley_Richard_S_of_S_decision.pdf- ./_WEB_DECISION__Ashley_Richard_S_of_S_decision.pdf-I have also taken into account the panel’s comments on insight and remorse, which the ./_WEB_DECISION__Ashley_Richard_S_of_S_decision.pdf-panel sets out as follows, “The panel was not provided with any specific mitigation ./_WEB_DECISION__Ashley_Richard_S_of_S_decision.pdf-evidence, nor was it provided with a mitigation statement from Mr Ashley or any character ./_WEB_DECISION__Ashley_Richard_S_of_S_decision.pdf-references. However, the panel took into account the sentencing remarks included within ./_WEB_DECISION__Ashley_Richard_S_of_S_decision.pdf-the bundle.” In my judgement, the lack of evidence of full insight or remorse means that ./_WEB_DECISION__Ashley_Richard_S_of_S_decision.pdf-there is some risk of the repetition of this behaviour and this puts at risk the future ./_WEB_DECISION__Ashley_Richard_S_of_S_decision.pdf-wellbeing of pupils’. I have therefore given this element considerable weight in reaching ./_WEB_DECISION__Ashley_Richard_S_of_S_decision.pdf-my decision. ./_WEB_DECISION__Ashley_Richard_S_of_S_decision.pdf- ./_WEB_DECISION__Ashley_Richard_S_of_S_decision.pdf-I have gone on to consider the extent to which a prohibition order would maintain public ./_WEB_DECISION__Ashley_Richard_S_of_S_decision.pdf-confidence in the profession. The panel observe, “The panel therefore considered that ./_WEB_DECISION__Ashley_Richard_S_of_S_decision.pdf-public confidence in the profession could be seriously weakened if conduct such as that ./_WEB_DECISION__Ashley_Richard_S_of_S_decision.pdf-found against Mr Ashley were not treated with the utmost seriousness when regulating ./_WEB_DECISION__Ashley_Richard_S_of_S_decision.pdf:the conduct of the profession.” I am particularly mindful of the finding of sexual ./_WEB_DECISION__Ashley_Richard_S_of_S_decision.pdf-misconduct in this case and the impact that such a finding has on the reputation of the ./_WEB_DECISION__Ashley_Richard_S_of_S_decision.pdf-profession. ./_WEB_DECISION__Ashley_Richard_S_of_S_decision.pdf- ./_WEB_DECISION__Ashley_Richard_S_of_S_decision.pdf-I have had to consider that the public has a high expectation of professional standards of ./_WEB_DECISION__Ashley_Richard_S_of_S_decision.pdf-all teachers and that the public might regard a failure to impose a prohibition order as a ./_WEB_DECISION__Ashley_Richard_S_of_S_decision.pdf-failure to uphold those high standards. In weighing these considerations, I have had to ./_WEB_DECISION__Ashley_Richard_S_of_S_decision.pdf-consider the matter from the point of view of an “ordinary intelligent and well-informed ./_WEB_DECISION__Ashley_Richard_S_of_S_decision.pdf-citizen.” ./_WEB_DECISION__Ashley_Richard_S_of_S_decision.pdf- ./_WEB_DECISION__Ashley_Richard_S_of_S_decision.pdf-I have considered whether the publication of a finding of unacceptable professional -- ./_WEB_DECISION__Ashley_Richard_S_of_S_decision.pdf-A prohibition order would prevent Mr Ashley from teaching and would also clearly deprive ./_WEB_DECISION__Ashley_Richard_S_of_S_decision.pdf-the public of his contribution to the profession for the period that it is in force. ./_WEB_DECISION__Ashley_Richard_S_of_S_decision.pdf- ./_WEB_DECISION__Ashley_Richard_S_of_S_decision.pdf-In this case, I have placed considerable weight on the panel’s comments, “The panel ./_WEB_DECISION__Ashley_Richard_S_of_S_decision.pdf-decided that the public interest considerations outweighed the interests of Mr Ashley. The ./_WEB_DECISION__Ashley_Richard_S_of_S_decision.pdf:seriousness of Mr Ashley’s conduct and his convictions (in particular sexual activity with a ./_WEB_DECISION__Ashley_Richard_S_of_S_decision.pdf-child and the volume of indecent images found on devices belonging to Mr Ashley) was a ./_WEB_DECISION__Ashley_Richard_S_of_S_decision.pdf-significant factor in forming that opinion.” ./_WEB_DECISION__Ashley_Richard_S_of_S_decision.pdf- ./_WEB_DECISION__Ashley_Richard_S_of_S_decision.pdf-I have given less weight in my consideration of sanction therefore, to the contribution that ./_WEB_DECISION__Ashley_Richard_S_of_S_decision.pdf-Mr Ashley has made to the profession. In my view, it is necessary to impose a prohibition ./_WEB_DECISION__Ashley_Richard_S_of_S_decision.pdf-order in order to maintain public confidence in the profession. A published decision, in ./_WEB_DECISION__Ashley_Richard_S_of_S_decision.pdf-light of the circumstances in this case, that is not backed up by full remorse or insight, ./_WEB_DECISION__Ashley_Richard_S_of_S_decision.pdf-does not in my view satisfy the public interest requirement concerning public confidence ./_WEB_DECISION__Ashley_Richard_S_of_S_decision.pdf-in the profession. ./_WEB_DECISION__Ashley_Richard_S_of_S_decision.pdf- -- ./_WEB_DECISION__Ashley_Richard_S_of_S_decision.pdf-public interest in order to achieve the intended aims of a prohibition order. ./_WEB_DECISION__Ashley_Richard_S_of_S_decision.pdf- ./_WEB_DECISION__Ashley_Richard_S_of_S_decision.pdf-I have gone on to consider the matter of a review period. In this case, the panel has ./_WEB_DECISION__Ashley_Richard_S_of_S_decision.pdf-recommended that no provision should be made for a review period. ./_WEB_DECISION__Ashley_Richard_S_of_S_decision.pdf- ./_WEB_DECISION__Ashley_Richard_S_of_S_decision.pdf-I have considered the panel’s comments, “The Advice indicates that where a case ./_WEB_DECISION__Ashley_Richard_S_of_S_decision.pdf-involves certain conduct, it is likely the public interest will have greater relevance and ./_WEB_DECISION__Ashley_Richard_S_of_S_decision.pdf-weigh in the favour of not offering a review period. The panel found the following conduct ./_WEB_DECISION__Ashley_Richard_S_of_S_decision.pdf-referred to in the Advice present in this case: ./_WEB_DECISION__Ashley_Richard_S_of_S_decision.pdf- ./_WEB_DECISION__Ashley_Richard_S_of_S_decision.pdf:• serious sexual misconduct, such as where the act was sexually motivated and ./_WEB_DECISION__Ashley_Richard_S_of_S_decision.pdf- resulted in or had the potential to result in, harm to a person or persons, particularly ./_WEB_DECISION__Ashley_Richard_S_of_S_decision.pdf- where the individual has used his professional position to influence or exploit a person ./_WEB_DECISION__Ashley_Richard_S_of_S_decision.pdf- or persons ./_WEB_DECISION__Ashley_Richard_S_of_S_decision.pdf- ./_WEB_DECISION__Ashley_Richard_S_of_S_decision.pdf:• any sexual misconduct involving a child ./_WEB_DECISION__Ashley_Richard_S_of_S_decision.pdf- ./_WEB_DECISION__Ashley_Richard_S_of_S_decision.pdf-• and any activity involving viewing, taking, making, possessing, distributing or ./_WEB_DECISION__Ashley_Richard_S_of_S_decision.pdf- publishing any indecent photograph or image or indecent pseudo photograph or ./_WEB_DECISION__Ashley_Richard_S_of_S_decision.pdf- image of a child, including one off incidents. ./_WEB_DECISION__Ashley_Richard_S_of_S_decision.pdf- ./_WEB_DECISION__Ashley_Richard_S_of_S_decision.pdf-The panel decided that the findings indicated a situation in which a review period would ./_WEB_DECISION__Ashley_Richard_S_of_S_decision.pdf-not be appropriate and, as such, decided that it would be proportionate in all the ./_WEB_DECISION__Ashley_Richard_S_of_S_decision.pdf-circumstances for the prohibition order to be recommended without provisions for a ./_WEB_DECISION__Ashley_Richard_S_of_S_decision.pdf-review period.” ./_WEB_DECISION__Ashley_Richard_S_of_S_decision.pdf- ./_WEB_DECISION__Bird__Benjamin_-_SoS_Decision.pdf- penis; ./_WEB_DECISION__Bird__Benjamin_-_SoS_Decision.pdf- ./_WEB_DECISION__Bird__Benjamin_-_SoS_Decision.pdf- v. sending an e-mail address to Pupil E and stating "if you need to ./_WEB_DECISION__Bird__Benjamin_-_SoS_Decision.pdf- send any photos of it [wink emoticon]" with reference to Pupil ./_WEB_DECISION__Bird__Benjamin_-_SoS_Decision.pdf- E's penis; ./_WEB_DECISION__Bird__Benjamin_-_SoS_Decision.pdf- ./_WEB_DECISION__Bird__Benjamin_-_SoS_Decision.pdf- vi. telling Pupil E "I've seen many examples lol" with reference to ./_WEB_DECISION__Bird__Benjamin_-_SoS_Decision.pdf- images of penises. ./_WEB_DECISION__Bird__Benjamin_-_SoS_Decision.pdf- ./_WEB_DECISION__Bird__Benjamin_-_SoS_Decision.pdf- 2. His conduct as may be found proven at 1a and b above was conduct of a ./_WEB_DECISION__Bird__Benjamin_-_SoS_Decision.pdf: sexual nature and/or was sexually motivated. ./_WEB_DECISION__Bird__Benjamin_-_SoS_Decision.pdf- ./_WEB_DECISION__Bird__Benjamin_-_SoS_Decision.pdf-Mr Bird was not present and therefore did not indicate any admissions. He had not made ./_WEB_DECISION__Bird__Benjamin_-_SoS_Decision.pdf-any admissions in any written document before the panel. The case therefore proceeded ./_WEB_DECISION__Bird__Benjamin_-_SoS_Decision.pdf-as a fully disputed case. ./_WEB_DECISION__Bird__Benjamin_-_SoS_Decision.pdf- ./_WEB_DECISION__Bird__Benjamin_-_SoS_Decision.pdf- ./_WEB_DECISION__Bird__Benjamin_-_SoS_Decision.pdf-C. Preliminary applications ./_WEB_DECISION__Bird__Benjamin_-_SoS_Decision.pdf-Mr Bird was not in attendance at the hearing and was not represented. ./_WEB_DECISION__Bird__Benjamin_-_SoS_Decision.pdf- ./_WEB_DECISION__Bird__Benjamin_-_SoS_Decision.pdf- -- ./_WEB_DECISION__Bird__Benjamin_-_SoS_Decision.pdf- ./_WEB_DECISION__Bird__Benjamin_-_SoS_Decision.pdf-We confirm that we have read all the documents provided in the bundle in advance of the ./_WEB_DECISION__Bird__Benjamin_-_SoS_Decision.pdf-hearing. ./_WEB_DECISION__Bird__Benjamin_-_SoS_Decision.pdf- ./_WEB_DECISION__Bird__Benjamin_-_SoS_Decision.pdf-This case relates to a teacher who was Pastoral Lead at Bridge Learning Campus in ./_WEB_DECISION__Bird__Benjamin_-_SoS_Decision.pdf-Bristol. It was alleged that he had engaged in inappropriate communications with his ./_WEB_DECISION__Bird__Benjamin_-_SoS_Decision.pdf-current and former pupils on the Facebook social media platform. He had become or ./_WEB_DECISION__Bird__Benjamin_-_SoS_Decision.pdf-attempted to become friends with his pupils and ex-pupils on Facebook and proceeded to ./_WEB_DECISION__Bird__Benjamin_-_SoS_Decision.pdf-send messages to them of an inappropriate nature. The messages included reference to ./_WEB_DECISION__Bird__Benjamin_-_SoS_Decision.pdf-masturbation and a suggestion to one pupil that he send to him a photograph of his ./_WEB_DECISION__Bird__Benjamin_-_SoS_Decision.pdf:penis. It was further alleged that his conduct was of a sexual nature and sexually ./_WEB_DECISION__Bird__Benjamin_-_SoS_Decision.pdf-motivated. ./_WEB_DECISION__Bird__Benjamin_-_SoS_Decision.pdf- ./_WEB_DECISION__Bird__Benjamin_-_SoS_Decision.pdf-Findings of fact ./_WEB_DECISION__Bird__Benjamin_-_SoS_Decision.pdf-Our findings of fact are as follows: ./_WEB_DECISION__Bird__Benjamin_-_SoS_Decision.pdf- ./_WEB_DECISION__Bird__Benjamin_-_SoS_Decision.pdf-We have found the following particulars of the allegations against you proven, for the ./_WEB_DECISION__Bird__Benjamin_-_SoS_Decision.pdf-following reasons: ./_WEB_DECISION__Bird__Benjamin_-_SoS_Decision.pdf- ./_WEB_DECISION__Bird__Benjamin_-_SoS_Decision.pdf- 1. You engaged in inapproporiate communication with one or more pupils ./_WEB_DECISION__Bird__Benjamin_-_SoS_Decision.pdf- and/or former pupils of Henbury School where you had previously taught -- ./_WEB_DECISION__Bird__Benjamin_-_SoS_Decision.pdf- penis; ./_WEB_DECISION__Bird__Benjamin_-_SoS_Decision.pdf- ./_WEB_DECISION__Bird__Benjamin_-_SoS_Decision.pdf- v. sending an e-mail address to Pupil E and stating "if you need to ./_WEB_DECISION__Bird__Benjamin_-_SoS_Decision.pdf- send any photos of it [wink emoticon]" with reference to Pupil ./_WEB_DECISION__Bird__Benjamin_-_SoS_Decision.pdf- E's penis; ./_WEB_DECISION__Bird__Benjamin_-_SoS_Decision.pdf- ./_WEB_DECISION__Bird__Benjamin_-_SoS_Decision.pdf- vi. telling Pupil E "I've seen many examples lol" with reference to ./_WEB_DECISION__Bird__Benjamin_-_SoS_Decision.pdf- images of penises. ./_WEB_DECISION__Bird__Benjamin_-_SoS_Decision.pdf- ./_WEB_DECISION__Bird__Benjamin_-_SoS_Decision.pdf- 2. Your conduct as may be found proven at 1a and b above was conduct of a ./_WEB_DECISION__Bird__Benjamin_-_SoS_Decision.pdf: sexual nature and/or was sexually motivated. ./_WEB_DECISION__Bird__Benjamin_-_SoS_Decision.pdf- ./_WEB_DECISION__Bird__Benjamin_-_SoS_Decision.pdf-Particular 1 a ./_WEB_DECISION__Bird__Benjamin_-_SoS_Decision.pdf- ./_WEB_DECISION__Bird__Benjamin_-_SoS_Decision.pdf-It is clear from the evidence at pages 49 and 55 of the bundle that on two occasions Mr ./_WEB_DECISION__Bird__Benjamin_-_SoS_Decision.pdf-Bird requested that Pupil D become a friend of his on Facebook. Furthermore, it is clear ./_WEB_DECISION__Bird__Benjamin_-_SoS_Decision.pdf-from pages 42, 43 and 54 of the bundle that Mr Bird exchanged Facebook messages ./_WEB_DECISION__Bird__Benjamin_-_SoS_Decision.pdf-with Pupil A and Pupil E and so must, at some point in time, have either invited them to ./_WEB_DECISION__Bird__Benjamin_-_SoS_Decision.pdf-become or agreed to become friends with him/them on Facebook. The three relevant ./_WEB_DECISION__Bird__Benjamin_-_SoS_Decision.pdf-pupils were either current or past pupils of the school at the time the messages were ./_WEB_DECISION__Bird__Benjamin_-_SoS_Decision.pdf-sent. -- ./_WEB_DECISION__Bird__Benjamin_-_SoS_Decision.pdf-(iv)-(vi) are proved by way of page 43 of the bundle. In support of our findings are both ./_WEB_DECISION__Bird__Benjamin_-_SoS_Decision.pdf-the print-outs of the messages as outlined above and also Mr Bird's confirmation in his ./_WEB_DECISION__Bird__Benjamin_-_SoS_Decision.pdf-investigatory interview at Bridge Learning Campus (particularly pages 96 to 98) that he ./_WEB_DECISION__Bird__Benjamin_-_SoS_Decision.pdf-did embark on such Facebook exchanges with current and former pupils. ./_WEB_DECISION__Bird__Benjamin_-_SoS_Decision.pdf- ./_WEB_DECISION__Bird__Benjamin_-_SoS_Decision.pdf-Preamble to particular 1 ./_WEB_DECISION__Bird__Benjamin_-_SoS_Decision.pdf- ./_WEB_DECISION__Bird__Benjamin_-_SoS_Decision.pdf-It is alleged in the pre-amble part of particular 1 that the alleged communications with ./_WEB_DECISION__Bird__Benjamin_-_SoS_Decision.pdf-pupils and former pupils were inappropriate. For completeness, we also find proved that ./_WEB_DECISION__Bird__Benjamin_-_SoS_Decision.pdf-the communications did not simply take place but were also inappropriate, ./_WEB_DECISION__Bird__Benjamin_-_SoS_Decision.pdf:notwithstanding any finding in relation to their sexual nature or the sexual motivation ./_WEB_DECISION__Bird__Benjamin_-_SoS_Decision.pdf-behind their posting. We reach this conclusion due to the words used, the nature of the ./_WEB_DECISION__Bird__Benjamin_-_SoS_Decision.pdf-messages as a whole and due to Mr Bird's professional position as the Pastoral Head of ./_WEB_DECISION__Bird__Benjamin_-_SoS_Decision.pdf-his school at the time. They were in clear breach of school policies and were aimed at ./_WEB_DECISION__Bird__Benjamin_-_SoS_Decision.pdf-current or former pupils. This made contact on social media, in such terms, with these ./_WEB_DECISION__Bird__Benjamin_-_SoS_Decision.pdf-pupils wholly inapproporiate without exception. ./_WEB_DECISION__Bird__Benjamin_-_SoS_Decision.pdf- ./_WEB_DECISION__Bird__Benjamin_-_SoS_Decision.pdf- 7 ./_WEB_DECISION__Bird__Benjamin_-_SoS_Decision.pdf- -- ./_WEB_DECISION__Bird__Benjamin_-_SoS_Decision.pdf-Particular 2 ./_WEB_DECISION__Bird__Benjamin_-_SoS_Decision.pdf- ./_WEB_DECISION__Bird__Benjamin_-_SoS_Decision.pdf:We are satisfied that the communications were of a sexual nature. This must follow by ./_WEB_DECISION__Bird__Benjamin_-_SoS_Decision.pdf-way of Mr Bird's use of words such as 'wank' and 'morning glory' in the relevant ./_WEB_DECISION__Bird__Benjamin_-_SoS_Decision.pdf-messages as well as his discussion with Pupil E about penises during which he suggests ./_WEB_DECISION__Bird__Benjamin_-_SoS_Decision.pdf-to Pupil E that he sends him a photo of his penis. ./_WEB_DECISION__Bird__Benjamin_-_SoS_Decision.pdf- ./_WEB_DECISION__Bird__Benjamin_-_SoS_Decision.pdf-We are also satisfied that Mr Bird's conduct as found proved by way of our findings in ./_WEB_DECISION__Bird__Benjamin_-_SoS_Decision.pdf:relation to particulars 1a and 1b was sexually motivated. The communications were of a ./_WEB_DECISION__Bird__Benjamin_-_SoS_Decision.pdf:sexual nature and clearly flirtatious towards the recipients of the messages. If nothing ./_WEB_DECISION__Bird__Benjamin_-_SoS_Decision.pdf:else, it is our view that the messages were frisky and playful and motivated by sexual ./_WEB_DECISION__Bird__Benjamin_-_SoS_Decision.pdf-attraction. We believe that it is more likely than not that Mr Bird sent the messages in a ./_WEB_DECISION__Bird__Benjamin_-_SoS_Decision.pdf:way that was titillating for him and they were therefore sent for the purposes of sexual ./_WEB_DECISION__Bird__Benjamin_-_SoS_Decision.pdf-gratification. However mild that gratification may have been, it amounts, in our view, to ./_WEB_DECISION__Bird__Benjamin_-_SoS_Decision.pdf:sexually motivated conduct. ./_WEB_DECISION__Bird__Benjamin_-_SoS_Decision.pdf- ./_WEB_DECISION__Bird__Benjamin_-_SoS_Decision.pdf-We were also invited to consider whether the messages were also, or alternatively, ./_WEB_DECISION__Bird__Benjamin_-_SoS_Decision.pdf:sexually motivated on the basis that they were sent in the pursuit of a future sexual ./_WEB_DECISION__Bird__Benjamin_-_SoS_Decision.pdf-relationship with one or more of the recipients. We have seen no evidence within the ./_WEB_DECISION__Bird__Benjamin_-_SoS_Decision.pdf-messages to suggest that they were sent for this purpose even though they were, in our ./_WEB_DECISION__Bird__Benjamin_-_SoS_Decision.pdf:view, sent for the purposes of sexual gratification. ./_WEB_DECISION__Bird__Benjamin_-_SoS_Decision.pdf- ./_WEB_DECISION__Bird__Benjamin_-_SoS_Decision.pdf-Findings as to unacceptable professional conduct and/or conduct that ./_WEB_DECISION__Bird__Benjamin_-_SoS_Decision.pdf-may bring the profession into disrepute ./_WEB_DECISION__Bird__Benjamin_-_SoS_Decision.pdf-Having found a number of the allegations to have been proven, the panel has gone on to ./_WEB_DECISION__Bird__Benjamin_-_SoS_Decision.pdf-consider whether the facts of those proven allegations amount to unacceptable ./_WEB_DECISION__Bird__Benjamin_-_SoS_Decision.pdf-professional conduct and/or conduct that may bring the profession into disrepute. ./_WEB_DECISION__Bird__Benjamin_-_SoS_Decision.pdf- ./_WEB_DECISION__Bird__Benjamin_-_SoS_Decision.pdf-In doing so, the panel has had regard to the document Teacher Misconduct: The ./_WEB_DECISION__Bird__Benjamin_-_SoS_Decision.pdf-Prohibition of Teachers, which we refer to as “the Advice”. ./_WEB_DECISION__Bird__Benjamin_-_SoS_Decision.pdf- -- ./_WEB_DECISION__Bird__Benjamin_-_SoS_Decision.pdf- practices of the school in which they teach, and maintain high standards in their ./_WEB_DECISION__Bird__Benjamin_-_SoS_Decision.pdf- own attendance and punctuality. ./_WEB_DECISION__Bird__Benjamin_-_SoS_Decision.pdf- • Teachers must have an understanding of, and always act within, the statutory ./_WEB_DECISION__Bird__Benjamin_-_SoS_Decision.pdf- frameworks which set out their professional duties and responsibilities. ./_WEB_DECISION__Bird__Benjamin_-_SoS_Decision.pdf-The panel is satisfied that the conduct of Mr Bird amounts to misconduct of a serious ./_WEB_DECISION__Bird__Benjamin_-_SoS_Decision.pdf-nature which fell significantly short of the standards expected of the profession. ./_WEB_DECISION__Bird__Benjamin_-_SoS_Decision.pdf- ./_WEB_DECISION__Bird__Benjamin_-_SoS_Decision.pdf-Mr Bird sent numerous Facebook messages to his current and former pupils having ./_WEB_DECISION__Bird__Benjamin_-_SoS_Decision.pdf-linked with them as friends on this social media platform. He, on more than one occasion, ./_WEB_DECISION__Bird__Benjamin_-_SoS_Decision.pdf-tried to befriend a current pupil on Facebook. The expressions he used in the messages ./_WEB_DECISION__Bird__Benjamin_-_SoS_Decision.pdf:were repeatedly of a sexual nature and we have found proved not only that the ./_WEB_DECISION__Bird__Benjamin_-_SoS_Decision.pdf:messages were sexual in nature but also that Mr Bird sent them for the purposes of ./_WEB_DECISION__Bird__Benjamin_-_SoS_Decision.pdf:sexual gratification. He suggested that one pupil sent him a photo of his penis. ./_WEB_DECISION__Bird__Benjamin_-_SoS_Decision.pdf- ./_WEB_DECISION__Bird__Benjamin_-_SoS_Decision.pdf-The panel notes that the allegations took place outside of the education setting. The ./_WEB_DECISION__Bird__Benjamin_-_SoS_Decision.pdf-panel are however satisfied that the messages were capable of leading to pupils (current ./_WEB_DECISION__Bird__Benjamin_-_SoS_Decision.pdf-and past) to be exposed to and influenced by his behaviour in a harmful way. ./_WEB_DECISION__Bird__Benjamin_-_SoS_Decision.pdf- ./_WEB_DECISION__Bird__Benjamin_-_SoS_Decision.pdf-Accordingly, the panel is satisfied that Mr Bird is guilty of unacceptable professional ./_WEB_DECISION__Bird__Benjamin_-_SoS_Decision.pdf-conduct. ./_WEB_DECISION__Bird__Benjamin_-_SoS_Decision.pdf- ./_WEB_DECISION__Bird__Benjamin_-_SoS_Decision.pdf-The panel has taken into account how the teaching profession is viewed by others and ./_WEB_DECISION__Bird__Benjamin_-_SoS_Decision.pdf-considered the influence that teachers may have on pupils, parents and others in the ./_WEB_DECISION__Bird__Benjamin_-_SoS_Decision.pdf-community. The panel has taken account of the uniquely influential role that teachers can ./_WEB_DECISION__Bird__Benjamin_-_SoS_Decision.pdf-hold in pupils’ lives and that pupils must be able to view teachers as role models in the ./_WEB_DECISION__Bird__Benjamin_-_SoS_Decision.pdf-way they behave. ./_WEB_DECISION__Bird__Benjamin_-_SoS_Decision.pdf- ./_WEB_DECISION__Bird__Benjamin_-_SoS_Decision.pdf-The findings of misconduct are serious and the conduct displayed would likely have a ./_WEB_DECISION__Bird__Benjamin_-_SoS_Decision.pdf-negative impact on the individual’s status as a teacher, potentially damaging the public ./_WEB_DECISION__Bird__Benjamin_-_SoS_Decision.pdf-perception. This has to follow from our factual findings, that included the panel being ./_WEB_DECISION__Bird__Benjamin_-_SoS_Decision.pdf:satisfied that Mr Bird sent the messages through sexual motivation. ./_WEB_DECISION__Bird__Benjamin_-_SoS_Decision.pdf- ./_WEB_DECISION__Bird__Benjamin_-_SoS_Decision.pdf-The panel therefore also finds that Mr Bird’s actions constitute conduct that may bring the ./_WEB_DECISION__Bird__Benjamin_-_SoS_Decision.pdf-profession into disrepute. ./_WEB_DECISION__Bird__Benjamin_-_SoS_Decision.pdf- ./_WEB_DECISION__Bird__Benjamin_-_SoS_Decision.pdf- ./_WEB_DECISION__Bird__Benjamin_-_SoS_Decision.pdf-Panel’s recommendation to the Secretary of State ./_WEB_DECISION__Bird__Benjamin_-_SoS_Decision.pdf-Given the panel’s findings in respect of unacceptable professional conduct and conduct ./_WEB_DECISION__Bird__Benjamin_-_SoS_Decision.pdf-that may bring the profession into disrepute, it is necessary for the panel to go on to ./_WEB_DECISION__Bird__Benjamin_-_SoS_Decision.pdf-consider whether it would be appropriate to recommend the imposition of a prohibition ./_WEB_DECISION__Bird__Benjamin_-_SoS_Decision.pdf-order by the Secretary of State. -- ./_WEB_DECISION__Bird__Benjamin_-_SoS_Decision.pdf-measure, and whether it is in the public interest to do so. Prohibition orders should not be ./_WEB_DECISION__Bird__Benjamin_-_SoS_Decision.pdf-given in order to be punitive, or to show that blame has been apportioned, although they ./_WEB_DECISION__Bird__Benjamin_-_SoS_Decision.pdf-are likely to have punitive effect. ./_WEB_DECISION__Bird__Benjamin_-_SoS_Decision.pdf- ./_WEB_DECISION__Bird__Benjamin_-_SoS_Decision.pdf-The panel has considered the particular public interest considerations set out in the ./_WEB_DECISION__Bird__Benjamin_-_SoS_Decision.pdf-Advice and having done so has found a number of them to be relevant in this case, ./_WEB_DECISION__Bird__Benjamin_-_SoS_Decision.pdf-namely: the protection of pupils/the maintenance of public confidence in the ./_WEB_DECISION__Bird__Benjamin_-_SoS_Decision.pdf-profession/declaring and upholding proper standards of conduct. ./_WEB_DECISION__Bird__Benjamin_-_SoS_Decision.pdf- ./_WEB_DECISION__Bird__Benjamin_-_SoS_Decision.pdf-In light of the panel’s findings against Mr Bird, which involved in the panel's view serious ./_WEB_DECISION__Bird__Benjamin_-_SoS_Decision.pdf:sexual misconduct, there is a strong public interest consideration in respect of the ./_WEB_DECISION__Bird__Benjamin_-_SoS_Decision.pdf-protection of pupils given the findings of inappropriate social media contact with pupils ./_WEB_DECISION__Bird__Benjamin_-_SoS_Decision.pdf-and former pupils. ./_WEB_DECISION__Bird__Benjamin_-_SoS_Decision.pdf- ./_WEB_DECISION__Bird__Benjamin_-_SoS_Decision.pdf-Similarly, the panel considers that public confidence in the profession could be seriously ./_WEB_DECISION__Bird__Benjamin_-_SoS_Decision.pdf-weakened if conduct such as that found against Mr Bird were not treated with the utmost ./_WEB_DECISION__Bird__Benjamin_-_SoS_Decision.pdf-gravity when regulating the conduct of the profession. ./_WEB_DECISION__Bird__Benjamin_-_SoS_Decision.pdf- ./_WEB_DECISION__Bird__Benjamin_-_SoS_Decision.pdf-The panel considered that a strong public interest consideration in declaring proper ./_WEB_DECISION__Bird__Benjamin_-_SoS_Decision.pdf-standards of conduct in the profession was also present as the conduct found against Mr ./_WEB_DECISION__Bird__Benjamin_-_SoS_Decision.pdf-Bird was outside that which could reasonably be tolerated. -- ./_WEB_DECISION__Bird__Benjamin_-_SoS_Decision.pdf-The panel took further account of the Advice, which suggests that a prohibition order may ./_WEB_DECISION__Bird__Benjamin_-_SoS_Decision.pdf-be appropriate if certain behaviours of a teacher have been proven. In the list of such ./_WEB_DECISION__Bird__Benjamin_-_SoS_Decision.pdf-behaviours, those that are relevant in this case are: ./_WEB_DECISION__Bird__Benjamin_-_SoS_Decision.pdf- ./_WEB_DECISION__Bird__Benjamin_-_SoS_Decision.pdf- • serious departure from the personal and professional conduct elements of the ./_WEB_DECISION__Bird__Benjamin_-_SoS_Decision.pdf- Teachers’ Standards; ./_WEB_DECISION__Bird__Benjamin_-_SoS_Decision.pdf- • misconduct seriously affecting the well-being of pupils, and particularly where ./_WEB_DECISION__Bird__Benjamin_-_SoS_Decision.pdf- there is a continuing risk; ./_WEB_DECISION__Bird__Benjamin_-_SoS_Decision.pdf- • a deep-seated attitude that leads to harmful behaviour; ./_WEB_DECISION__Bird__Benjamin_-_SoS_Decision.pdf- • abuse of position or trust; ./_WEB_DECISION__Bird__Benjamin_-_SoS_Decision.pdf: • sexual misconduct, eg involving actions that were sexually motivated or of a ./_WEB_DECISION__Bird__Benjamin_-_SoS_Decision.pdf: sexual nature and/or that use or exploit the trust, knowledge or influence derived ./_WEB_DECISION__Bird__Benjamin_-_SoS_Decision.pdf- from the individual’s professional position. ./_WEB_DECISION__Bird__Benjamin_-_SoS_Decision.pdf- ./_WEB_DECISION__Bird__Benjamin_-_SoS_Decision.pdf- ./_WEB_DECISION__Bird__Benjamin_-_SoS_Decision.pdf- 10 ./_WEB_DECISION__Bird__Benjamin_-_SoS_Decision.pdf- -- ./_WEB_DECISION__Bird__Benjamin_-_SoS_Decision.pdf- ./_WEB_DECISION__Bird__Benjamin_-_SoS_Decision.pdf-In light of the above,the panel is of the view that applying the standard of the ordinary ./_WEB_DECISION__Bird__Benjamin_-_SoS_Decision.pdf-intelligent citizen recommending no prohibition order is not a proportionate and ./_WEB_DECISION__Bird__Benjamin_-_SoS_Decision.pdf-appropriate response. Recommending that publication of adverse findings is sufficient in ./_WEB_DECISION__Bird__Benjamin_-_SoS_Decision.pdf-the case would unacceptably compromise the public interest considerations present in ./_WEB_DECISION__Bird__Benjamin_-_SoS_Decision.pdf-this case, despite the severity of consequences for the teacher of prohibition. ./_WEB_DECISION__Bird__Benjamin_-_SoS_Decision.pdf- ./_WEB_DECISION__Bird__Benjamin_-_SoS_Decision.pdf-The panel is of the view that prohibition is both proportionate and appropriate. The panel ./_WEB_DECISION__Bird__Benjamin_-_SoS_Decision.pdf-has decided that the public interest considerations outweigh the interests of Mr Bird. Mr ./_WEB_DECISION__Bird__Benjamin_-_SoS_Decision.pdf-Bird's lack of insight was a significant factor in forming that opinion, alongside the ./_WEB_DECISION__Bird__Benjamin_-_SoS_Decision.pdf:seriousness of the sexual misconduct involved, which the panel has reminded itself, ./_WEB_DECISION__Bird__Benjamin_-_SoS_Decision.pdf-included a request that a pupil send him a photo of the pupil's penis. ./_WEB_DECISION__Bird__Benjamin_-_SoS_Decision.pdf- ./_WEB_DECISION__Bird__Benjamin_-_SoS_Decision.pdf-Accordingly, the panel makes a recommendation to the Secretary of State that a ./_WEB_DECISION__Bird__Benjamin_-_SoS_Decision.pdf-prohibition order should be imposed with immediate effect. ./_WEB_DECISION__Bird__Benjamin_-_SoS_Decision.pdf- ./_WEB_DECISION__Bird__Benjamin_-_SoS_Decision.pdf-The panel went on to consider whether or not it would be appropriate for them to ./_WEB_DECISION__Bird__Benjamin_-_SoS_Decision.pdf-recommend that a review period of the order should be considered. The panel were ./_WEB_DECISION__Bird__Benjamin_-_SoS_Decision.pdf- ./_WEB_DECISION__Bird__Benjamin_-_SoS_Decision.pdf- 11 ./_WEB_DECISION__Bird__Benjamin_-_SoS_Decision.pdf- -- ./_WEB_DECISION__Bird__Benjamin_-_SoS_Decision.pdf-mindful that the Advice advises that a prohibition order applies for life, but there may be ./_WEB_DECISION__Bird__Benjamin_-_SoS_Decision.pdf-circumstances in any given case that may make it appropriate to allow a teacher to apply ./_WEB_DECISION__Bird__Benjamin_-_SoS_Decision.pdf-to have the prohibition order reviewed after a specified period of time that may not be ./_WEB_DECISION__Bird__Benjamin_-_SoS_Decision.pdf-less than 2 years. ./_WEB_DECISION__Bird__Benjamin_-_SoS_Decision.pdf- ./_WEB_DECISION__Bird__Benjamin_-_SoS_Decision.pdf-The Advice indicates that there are behaviours that, if proven, would militate against a ./_WEB_DECISION__Bird__Benjamin_-_SoS_Decision.pdf:review period being recommended. One of these behaviours is serious sexual ./_WEB_DECISION__Bird__Benjamin_-_SoS_Decision.pdf:misconduct, eg where the act was sexually motivated and resulted in or had the potential ./_WEB_DECISION__Bird__Benjamin_-_SoS_Decision.pdf-to result in, harm to a person or persons, particularly where the individual has used their ./_WEB_DECISION__Bird__Benjamin_-_SoS_Decision.pdf-professional position to influence or exploit a person or persons. ./_WEB_DECISION__Bird__Benjamin_-_SoS_Decision.pdf- ./_WEB_DECISION__Bird__Benjamin_-_SoS_Decision.pdf-As stated above, the panel has found that Mr Bird has been responsible for serious ./_WEB_DECISION__Bird__Benjamin_-_SoS_Decision.pdf:sexual misconduct. He has since not demonstrated insight into his behaviour. ./_WEB_DECISION__Bird__Benjamin_-_SoS_Decision.pdf- ./_WEB_DECISION__Bird__Benjamin_-_SoS_Decision.pdf:The panel felt the nature of the findings of serious sexual misconduct and, particularly, Mr ./_WEB_DECISION__Bird__Benjamin_-_SoS_Decision.pdf-Bird's lack of insight into his behaviour, indicated a situation in which a review period ./_WEB_DECISION__Bird__Benjamin_-_SoS_Decision.pdf-would not be appropriate. The ability for Mr Bird to apply at any time for his prohibiton to ./_WEB_DECISION__Bird__Benjamin_-_SoS_Decision.pdf-be set-a-side would, in the panel's view, not sufficiently protect the public interest in ./_WEB_DECISION__Bird__Benjamin_-_SoS_Decision.pdf-protecting pupils, maintaining confidence in the profession and declaring and upholding ./_WEB_DECISION__Bird__Benjamin_-_SoS_Decision.pdf-proper standards of conduct. As such, the panel decided that it would be proportionate in ./_WEB_DECISION__Bird__Benjamin_-_SoS_Decision.pdf-all the circumstances for the prohibition order to be recommended without provisions for ./_WEB_DECISION__Bird__Benjamin_-_SoS_Decision.pdf-a review period. ./_WEB_DECISION__Bird__Benjamin_-_SoS_Decision.pdf- ./_WEB_DECISION__Bird__Benjamin_-_SoS_Decision.pdf- ./_WEB_DECISION__Bird__Benjamin_-_SoS_Decision.pdf-Decision and reasons on behalf of the Secretary of State ./_WEB_DECISION__Bird__Benjamin_-_SoS_Decision.pdf-I have given very careful consideration to this case and to the recommendation of the ./_WEB_DECISION__Bird__Benjamin_-_SoS_Decision.pdf-panel in respect of both sanction and review period. ./_WEB_DECISION__Bird__Benjamin_-_SoS_Decision.pdf- ./_WEB_DECISION__Bird__Benjamin_-_SoS_Decision.pdf-In considering this case, I have also given very careful attention to the Advice that the ./_WEB_DECISION__Bird__Benjamin_-_SoS_Decision.pdf-Secretary of State has published concerning the prohibition of teachers. ./_WEB_DECISION__Bird__Benjamin_-_SoS_Decision.pdf- ./_WEB_DECISION__Bird__Benjamin_-_SoS_Decision.pdf-In this case, the panel has found all of the allegations proven and found that those ./_WEB_DECISION__Bird__Benjamin_-_SoS_Decision.pdf-proven facts amount to unacceptable professional conduct and/or conduct that may bring ./_WEB_DECISION__Bird__Benjamin_-_SoS_Decision.pdf-the profession into disrepute. In this case, the panel has said, “We were also invited to ./_WEB_DECISION__Bird__Benjamin_-_SoS_Decision.pdf:consider whether the messages were also, or alternatively, sexually motivated on the ./_WEB_DECISION__Bird__Benjamin_-_SoS_Decision.pdf:basis that they were sent in the pursuit of a future sexual relationship with one or more of ./_WEB_DECISION__Bird__Benjamin_-_SoS_Decision.pdf-the recipients. We have seen no evidence within the messages to suggest that they were ./_WEB_DECISION__Bird__Benjamin_-_SoS_Decision.pdf:sent for this purpose even though they were, in our view, sent for the purposes of sexual ./_WEB_DECISION__Bird__Benjamin_-_SoS_Decision.pdf-gratification.” As a result of this I have therefore put this matter entirely from my mind. ./_WEB_DECISION__Bird__Benjamin_-_SoS_Decision.pdf- ./_WEB_DECISION__Bird__Benjamin_-_SoS_Decision.pdf-The panel has made a recommendation to the Secretary of State that Mr Bird should be ./_WEB_DECISION__Bird__Benjamin_-_SoS_Decision.pdf-the subject of a prohibition order, with no provision for a review period. ./_WEB_DECISION__Bird__Benjamin_-_SoS_Decision.pdf- ./_WEB_DECISION__Bird__Benjamin_-_SoS_Decision.pdf-In particular, the panel has found that Mr Bird is in breach of the following standards: ./_WEB_DECISION__Bird__Benjamin_-_SoS_Decision.pdf- ./_WEB_DECISION__Bird__Benjamin_-_SoS_Decision.pdf- ./_WEB_DECISION__Bird__Benjamin_-_SoS_Decision.pdf- ./_WEB_DECISION__Bird__Benjamin_-_SoS_Decision.pdf- 12 -- ./_WEB_DECISION__Bird__Benjamin_-_SoS_Decision.pdf- o having regard for the need to safeguard pupils’ well-being, in accordance with ./_WEB_DECISION__Bird__Benjamin_-_SoS_Decision.pdf- statutory provisions; ./_WEB_DECISION__Bird__Benjamin_-_SoS_Decision.pdf- • Teachers must have proper and professional regard for the ethos, policies and ./_WEB_DECISION__Bird__Benjamin_-_SoS_Decision.pdf- practices of the school in which they teach, and maintain high standards in their ./_WEB_DECISION__Bird__Benjamin_-_SoS_Decision.pdf- own attendance and punctuality. ./_WEB_DECISION__Bird__Benjamin_-_SoS_Decision.pdf- • Teachers must have an understanding of, and always act within, the statutory ./_WEB_DECISION__Bird__Benjamin_-_SoS_Decision.pdf- frameworks which set out their professional duties and responsibilities. ./_WEB_DECISION__Bird__Benjamin_-_SoS_Decision.pdf-The panel finds that the conduct of Mr Bird fell significantly short of the standards ./_WEB_DECISION__Bird__Benjamin_-_SoS_Decision.pdf-expected of the profession. ./_WEB_DECISION__Bird__Benjamin_-_SoS_Decision.pdf- ./_WEB_DECISION__Bird__Benjamin_-_SoS_Decision.pdf:The findings of misconduct are particularly serious as they include a finding of sexual ./_WEB_DECISION__Bird__Benjamin_-_SoS_Decision.pdf-misconduct. ./_WEB_DECISION__Bird__Benjamin_-_SoS_Decision.pdf- ./_WEB_DECISION__Bird__Benjamin_-_SoS_Decision.pdf-I have to determine whether the imposition of a prohibition order is proportionate and in ./_WEB_DECISION__Bird__Benjamin_-_SoS_Decision.pdf-the public interest. In considering that for this case, I have considered the overall aim of a ./_WEB_DECISION__Bird__Benjamin_-_SoS_Decision.pdf-prohibition order which is to protect pupils and to maintain public confidence in the ./_WEB_DECISION__Bird__Benjamin_-_SoS_Decision.pdf-profession. I have considered the extent to which a prohibition order in this case would ./_WEB_DECISION__Bird__Benjamin_-_SoS_Decision.pdf-achieve that aim taking into account the impact that it will have on the individual teacher. ./_WEB_DECISION__Bird__Benjamin_-_SoS_Decision.pdf-I have also asked myself, whether a less intrusive measure, such as the published ./_WEB_DECISION__Bird__Benjamin_-_SoS_Decision.pdf-finding of unacceptable professional conduct and conduct that may bring the profession ./_WEB_DECISION__Bird__Benjamin_-_SoS_Decision.pdf-into disrepute, would itself be sufficient to achieve the overall aim. I have to consider -- ./_WEB_DECISION__Bird__Benjamin_-_SoS_Decision.pdf-the repetition of this behaviour and this puts at risk future pupil safety. I have therefore ./_WEB_DECISION__Bird__Benjamin_-_SoS_Decision.pdf-given this element considerable weight in reaching my decision. ./_WEB_DECISION__Bird__Benjamin_-_SoS_Decision.pdf- ./_WEB_DECISION__Bird__Benjamin_-_SoS_Decision.pdf-I have gone on to consider the extent to which a prohibition order would maintain public ./_WEB_DECISION__Bird__Benjamin_-_SoS_Decision.pdf-confidence in the profession. The panel observe, “public confidence in the profession ./_WEB_DECISION__Bird__Benjamin_-_SoS_Decision.pdf-could be seriously weakened if conduct such as that found against Mr Bird were not ./_WEB_DECISION__Bird__Benjamin_-_SoS_Decision.pdf-treated with the utmost gravity when regulating the conduct of the profession.” I am ./_WEB_DECISION__Bird__Benjamin_-_SoS_Decision.pdf:particularly mindful of the finding of sexual misconduct in this case and the impact that ./_WEB_DECISION__Bird__Benjamin_-_SoS_Decision.pdf-such a finding has on the reputation of the profession. ./_WEB_DECISION__Bird__Benjamin_-_SoS_Decision.pdf- ./_WEB_DECISION__Bird__Benjamin_-_SoS_Decision.pdf-I have had to consider that the public has a high expectation of professional standards of ./_WEB_DECISION__Bird__Benjamin_-_SoS_Decision.pdf-all teachers and that the public might regard a failure to impose a prohibition order as a ./_WEB_DECISION__Bird__Benjamin_-_SoS_Decision.pdf-failure to uphold those high standards. In weighing these considerations, I have had to ./_WEB_DECISION__Bird__Benjamin_-_SoS_Decision.pdf-consider the matter from the point of view of an “ordinary intelligent and well-informed ./_WEB_DECISION__Bird__Benjamin_-_SoS_Decision.pdf-citizen.” ./_WEB_DECISION__Bird__Benjamin_-_SoS_Decision.pdf- ./_WEB_DECISION__Bird__Benjamin_-_SoS_Decision.pdf-I have considered whether the publication of a finding of unacceptable professional ./_WEB_DECISION__Bird__Benjamin_-_SoS_Decision.pdf-conduct, in the absence of a prohibition order, can itself be regarded by such a person as -- ./_WEB_DECISION__Bird__Benjamin_-_SoS_Decision.pdf-I have considered the panel’s comments “The Advice indicates that there are behaviours ./_WEB_DECISION__Bird__Benjamin_-_SoS_Decision.pdf-that, if proven, would militate against a review period being recommended. One of these ./_WEB_DECISION__Bird__Benjamin_-_SoS_Decision.pdf:behaviours is serious sexual misconduct, eg where the act was sexually motivated and ./_WEB_DECISION__Bird__Benjamin_-_SoS_Decision.pdf-resulted in or had the potential to result in, harm to a person or persons, particularly ./_WEB_DECISION__Bird__Benjamin_-_SoS_Decision.pdf-where the individual has used their professional position to influence or exploit a person ./_WEB_DECISION__Bird__Benjamin_-_SoS_Decision.pdf-or persons. ./_WEB_DECISION__Bird__Benjamin_-_SoS_Decision.pdf- ./_WEB_DECISION__Bird__Benjamin_-_SoS_Decision.pdf-As stated above, the panel has found that Mr Bird has been responsible for serious ./_WEB_DECISION__Bird__Benjamin_-_SoS_Decision.pdf:sexual misconduct. He has since not demonstrated insight into his behaviour.” ./_WEB_DECISION__Bird__Benjamin_-_SoS_Decision.pdf- ./_WEB_DECISION__Bird__Benjamin_-_SoS_Decision.pdf-I have considered whether a no review period reflects the seriousness of the findings and ./_WEB_DECISION__Bird__Benjamin_-_SoS_Decision.pdf-is a proportionate period to achieve the aim of maintaining public confidence in the ./_WEB_DECISION__Bird__Benjamin_-_SoS_Decision.pdf-profession. In this case, two factors mean that a two-year review period is not sufficient to ./_WEB_DECISION__Bird__Benjamin_-_SoS_Decision.pdf-achieve the aim of maintaining public confidence in the profession. These elements are ./_WEB_DECISION__Bird__Benjamin_-_SoS_Decision.pdf-the serious nature of the misconduct found and the lack of either insight or remorse. ./_WEB_DECISION__Bird__Benjamin_-_SoS_Decision.pdf- ./_WEB_DECISION__Bird__Benjamin_-_SoS_Decision.pdf-I consider these factors therefore mean that allowing for no review period is necessary to ./_WEB_DECISION__Bird__Benjamin_-_SoS_Decision.pdf-maintain public confidence and is proportionate and in the public interest. ./_WEB_DECISION__Bird__Benjamin_-_SoS_Decision.pdf- ./_WEB_DECISION__Emirali__Elisha_-_S_of_S_decision__REDACTED_.pdf-Professional conduct panel decision and recommendations, and decision on ./_WEB_DECISION__Emirali__Elisha_-_S_of_S_decision__REDACTED_.pdf-behalf of the Secretary of State ./_WEB_DECISION__Emirali__Elisha_-_S_of_S_decision__REDACTED_.pdf- ./_WEB_DECISION__Emirali__Elisha_-_S_of_S_decision__REDACTED_.pdf-Teacher: Ms Elisha Emirali ./_WEB_DECISION__Emirali__Elisha_-_S_of_S_decision__REDACTED_.pdf- ./_WEB_DECISION__Emirali__Elisha_-_S_of_S_decision__REDACTED_.pdf-TRA reference: 19658 ./_WEB_DECISION__Emirali__Elisha_-_S_of_S_decision__REDACTED_.pdf- ./_WEB_DECISION__Emirali__Elisha_-_S_of_S_decision__REDACTED_.pdf-Date of determination: 14 March 2022 ./_WEB_DECISION__Emirali__Elisha_-_S_of_S_decision__REDACTED_.pdf- ./_WEB_DECISION__Emirali__Elisha_-_S_of_S_decision__REDACTED_.pdf:Former employer: Oak View School, Loughton, Essex. ./_WEB_DECISION__Emirali__Elisha_-_S_of_S_decision__REDACTED_.pdf- ./_WEB_DECISION__Emirali__Elisha_-_S_of_S_decision__REDACTED_.pdf- ./_WEB_DECISION__Emirali__Elisha_-_S_of_S_decision__REDACTED_.pdf-Introduction ./_WEB_DECISION__Emirali__Elisha_-_S_of_S_decision__REDACTED_.pdf-A professional conduct panel (“the panel”) of the Teaching Regulation Agency (“the ./_WEB_DECISION__Emirali__Elisha_-_S_of_S_decision__REDACTED_.pdf-TRA”) convened virtually on 14 March 2022, to consider the case of Ms Elisha Emirali. ./_WEB_DECISION__Emirali__Elisha_-_S_of_S_decision__REDACTED_.pdf- ./_WEB_DECISION__Emirali__Elisha_-_S_of_S_decision__REDACTED_.pdf-The panel members were Mrs Kelly Thomas, lay panellist, in the chair, Mr Paul Hawkins. ./_WEB_DECISION__Emirali__Elisha_-_S_of_S_decision__REDACTED_.pdf-teacher panellist, and Mr Nigel Shock, lay panellist. ./_WEB_DECISION__Emirali__Elisha_-_S_of_S_decision__REDACTED_.pdf- ./_WEB_DECISION__Emirali__Elisha_-_S_of_S_decision__REDACTED_.pdf-The legal adviser to the panel was Mr Matthew Corrie. -- ./_WEB_DECISION__Emirali__Elisha_-_S_of_S_decision__REDACTED_.pdf-The panel announced its decision and reasons as follows: ./_WEB_DECISION__Emirali__Elisha_-_S_of_S_decision__REDACTED_.pdf- ./_WEB_DECISION__Emirali__Elisha_-_S_of_S_decision__REDACTED_.pdf-The panel carefully considered the case and reached a decision. ./_WEB_DECISION__Emirali__Elisha_-_S_of_S_decision__REDACTED_.pdf- ./_WEB_DECISION__Emirali__Elisha_-_S_of_S_decision__REDACTED_.pdf-In advance of the meeting, the TRA agreed to a request from Ms Emirali for the ./_WEB_DECISION__Emirali__Elisha_-_S_of_S_decision__REDACTED_.pdf-allegations to be considered without a hearing. The panel had the ability to direct that the ./_WEB_DECISION__Emirali__Elisha_-_S_of_S_decision__REDACTED_.pdf-case be considered at a hearing if required in the interests of justice or in the public ./_WEB_DECISION__Emirali__Elisha_-_S_of_S_decision__REDACTED_.pdf-interest. The panel took into account fairness to both the teacher and to the TRA but did ./_WEB_DECISION__Emirali__Elisha_-_S_of_S_decision__REDACTED_.pdf-not determine that such a direction was necessary or appropriate in this case. ./_WEB_DECISION__Emirali__Elisha_-_S_of_S_decision__REDACTED_.pdf- ./_WEB_DECISION__Emirali__Elisha_-_S_of_S_decision__REDACTED_.pdf:The Oak View School in Loughton, Essex ("the School") is a school which caters for ./_WEB_DECISION__Emirali__Elisha_-_S_of_S_decision__REDACTED_.pdf-pupils with special educational needs and disability ("SEND") including those with severe ./_WEB_DECISION__Emirali__Elisha_-_S_of_S_decision__REDACTED_.pdf-or complex learning needs. ./_WEB_DECISION__Emirali__Elisha_-_S_of_S_decision__REDACTED_.pdf- ./_WEB_DECISION__Emirali__Elisha_-_S_of_S_decision__REDACTED_.pdf-At the material time Ms Emirali was employed by the School as a class teacher and ./_WEB_DECISION__Emirali__Elisha_-_S_of_S_decision__REDACTED_.pdf-taught primary school aged children with severe and complex learning needs. ./_WEB_DECISION__Emirali__Elisha_-_S_of_S_decision__REDACTED_.pdf- ./_WEB_DECISION__Emirali__Elisha_-_S_of_S_decision__REDACTED_.pdf-The conduct that forms the basis of the allegations arises from an incident involving Pupil ./_WEB_DECISION__Emirali__Elisha_-_S_of_S_decision__REDACTED_.pdf-A and Ms Emirali which took place on 30 September 2020 or came to light as a result of ./_WEB_DECISION__Emirali__Elisha_-_S_of_S_decision__REDACTED_.pdf-the investigation into the 30 September incident. ./_WEB_DECISION__Emirali__Elisha_-_S_of_S_decision__REDACTED_.pdf- ./_WEB_DECISION__Maguire__Brendan___Boyle__Kevin_-_S_of_S_Decision (1).pdf-headteacher and/or whilst having responsibility as the designated safeguarding lead at ./_WEB_DECISION__Maguire__Brendan___Boyle__Kevin_-_S_of_S_Decision (1).pdf-Oaklands School, he: ./_WEB_DECISION__Maguire__Brendan___Boyle__Kevin_-_S_of_S_Decision (1).pdf- ./_WEB_DECISION__Maguire__Brendan___Boyle__Kevin_-_S_of_S_Decision (1).pdf- 1. Failed to take appropriate action and/or ensure appropriate action was taken with ./_WEB_DECISION__Maguire__Brendan___Boyle__Kevin_-_S_of_S_Decision (1).pdf- respect to a safeguarding disclosure concerning Pupil A in or around January ./_WEB_DECISION__Maguire__Brendan___Boyle__Kevin_-_S_of_S_Decision (1).pdf- 2015, in that he did not ensure the disclosure was reported to the police and/or ./_WEB_DECISION__Maguire__Brendan___Boyle__Kevin_-_S_of_S_Decision (1).pdf- Local Authority; ./_WEB_DECISION__Maguire__Brendan___Boyle__Kevin_-_S_of_S_Decision (1).pdf- ./_WEB_DECISION__Maguire__Brendan___Boyle__Kevin_-_S_of_S_Decision (1).pdf- a. despite being provided with information by Pupil A's mother on or around 14 ./_WEB_DECISION__Maguire__Brendan___Boyle__Kevin_-_S_of_S_Decision (1).pdf- January 2015 to the effect that Pupil A's boyfriend had forced her to undertake ./_WEB_DECISION__Maguire__Brendan___Boyle__Kevin_-_S_of_S_Decision (1).pdf: a sexual act against her wishes; ./_WEB_DECISION__Maguire__Brendan___Boyle__Kevin_-_S_of_S_Decision (1).pdf- ./_WEB_DECISION__Maguire__Brendan___Boyle__Kevin_-_S_of_S_Decision (1).pdf: b. despite recording the disclosure as "an allegation of inappropriate sexual ./_WEB_DECISION__Maguire__Brendan___Boyle__Kevin_-_S_of_S_Decision (1).pdf- coercion" on a form he completed on or around 16 January 2015; ./_WEB_DECISION__Maguire__Brendan___Boyle__Kevin_-_S_of_S_Decision (1).pdf- ./_WEB_DECISION__Maguire__Brendan___Boyle__Kevin_-_S_of_S_Decision (1).pdf- c. despite one or more conversations with the School Counsellor regarding the ./_WEB_DECISION__Maguire__Brendan___Boyle__Kevin_-_S_of_S_Decision (1).pdf- disclosure in January and/or February 2015; ./_WEB_DECISION__Maguire__Brendan___Boyle__Kevin_-_S_of_S_Decision (1).pdf- ./_WEB_DECISION__Maguire__Brendan___Boyle__Kevin_-_S_of_S_Decision (1).pdf-The panel also considered the allegations against Mr Boyle as set out in the Notice of ./_WEB_DECISION__Maguire__Brendan___Boyle__Kevin_-_S_of_S_Decision (1).pdf-Proceedings dated 9 August 2018. ./_WEB_DECISION__Maguire__Brendan___Boyle__Kevin_-_S_of_S_Decision (1).pdf- ./_WEB_DECISION__Maguire__Brendan___Boyle__Kevin_-_S_of_S_Decision (1).pdf-It was alleged that Mr Boyle was guilty of unacceptable professional conduct and/or ./_WEB_DECISION__Maguire__Brendan___Boyle__Kevin_-_S_of_S_Decision (1).pdf-conduct that may bring the profession into disrepute, in that whilst employed as -- ./_WEB_DECISION__Maguire__Brendan___Boyle__Kevin_-_S_of_S_Decision (1).pdf- ./_WEB_DECISION__Maguire__Brendan___Boyle__Kevin_-_S_of_S_Decision (1).pdf- a. despite being made aware of the disclosure by the School Counsellor on or ./_WEB_DECISION__Maguire__Brendan___Boyle__Kevin_-_S_of_S_Decision (1).pdf- around 21 January 2015; ./_WEB_DECISION__Maguire__Brendan___Boyle__Kevin_-_S_of_S_Decision (1).pdf- ./_WEB_DECISION__Maguire__Brendan___Boyle__Kevin_-_S_of_S_Decision (1).pdf- b. despite receiving a copy of the 'Cause for Concern' form completed by the ./_WEB_DECISION__Maguire__Brendan___Boyle__Kevin_-_S_of_S_Decision (1).pdf- School Counsellor on or around 10 February 2015. ./_WEB_DECISION__Maguire__Brendan___Boyle__Kevin_-_S_of_S_Decision (1).pdf- ./_WEB_DECISION__Maguire__Brendan___Boyle__Kevin_-_S_of_S_Decision (1).pdf-At the start of the hearing Mr Maguire admitted the preamble to factual allegation 1 in full. ./_WEB_DECISION__Maguire__Brendan___Boyle__Kevin_-_S_of_S_Decision (1).pdf-He also admitted sub-particulars 1.b and 1.c and sub-particular 1.a in part. In relation to ./_WEB_DECISION__Maguire__Brendan___Boyle__Kevin_-_S_of_S_Decision (1).pdf-to factual particular 1.a Mr Maguire accepted that he had been provided with information ./_WEB_DECISION__Maguire__Brendan___Boyle__Kevin_-_S_of_S_Decision (1).pdf:by Pupil A's mother that amounted to her suspicion of a sexual act/assault having been ./_WEB_DECISION__Maguire__Brendan___Boyle__Kevin_-_S_of_S_Decision (1).pdf- ./_WEB_DECISION__Maguire__Brendan___Boyle__Kevin_-_S_of_S_Decision (1).pdf- 4 ./_WEB_DECISION__Maguire__Brendan___Boyle__Kevin_-_S_of_S_Decision (1).pdf- -- ./_WEB_DECISION__Maguire__Brendan___Boyle__Kevin_-_S_of_S_Decision (1).pdf-The panel announced its decision and reasons as follows: ./_WEB_DECISION__Maguire__Brendan___Boyle__Kevin_-_S_of_S_Decision (1).pdf- ./_WEB_DECISION__Maguire__Brendan___Boyle__Kevin_-_S_of_S_Decision (1).pdf-We have carefully considered the case before us and have reached a decision. ./_WEB_DECISION__Maguire__Brendan___Boyle__Kevin_-_S_of_S_Decision (1).pdf- ./_WEB_DECISION__Maguire__Brendan___Boyle__Kevin_-_S_of_S_Decision (1).pdf-We confirm that we have read all the documents provided in the bundle in advance of the ./_WEB_DECISION__Maguire__Brendan___Boyle__Kevin_-_S_of_S_Decision (1).pdf-hearing. ./_WEB_DECISION__Maguire__Brendan___Boyle__Kevin_-_S_of_S_Decision (1).pdf- ./_WEB_DECISION__Maguire__Brendan___Boyle__Kevin_-_S_of_S_Decision (1).pdf-This is a case concerning the headteacher and assistant headteacher (who was also the ./_WEB_DECISION__Maguire__Brendan___Boyle__Kevin_-_S_of_S_Decision (1).pdf-designated safeguarding lead) of Oaklands School (“the School”) in Cheshire who were ./_WEB_DECISION__Maguire__Brendan___Boyle__Kevin_-_S_of_S_Decision (1).pdf-alleged to have failed to take appropriate safeguarding disclosure action following receipt ./_WEB_DECISION__Maguire__Brendan___Boyle__Kevin_-_S_of_S_Decision (1).pdf:of information that a pupil at the school may have been involved in inappropriate sexually ./_WEB_DECISION__Maguire__Brendan___Boyle__Kevin_-_S_of_S_Decision (1).pdf-activity. ./_WEB_DECISION__Maguire__Brendan___Boyle__Kevin_-_S_of_S_Decision (1).pdf- ./_WEB_DECISION__Maguire__Brendan___Boyle__Kevin_-_S_of_S_Decision (1).pdf-Findings of fact ./_WEB_DECISION__Maguire__Brendan___Boyle__Kevin_-_S_of_S_Decision (1).pdf-Our findings of fact are as follows: ./_WEB_DECISION__Maguire__Brendan___Boyle__Kevin_-_S_of_S_Decision (1).pdf- ./_WEB_DECISION__Maguire__Brendan___Boyle__Kevin_-_S_of_S_Decision (1).pdf-Mr Maguire ./_WEB_DECISION__Maguire__Brendan___Boyle__Kevin_-_S_of_S_Decision (1).pdf-We have found the following particulars of the allegations against Mr Maguire proven, for ./_WEB_DECISION__Maguire__Brendan___Boyle__Kevin_-_S_of_S_Decision (1).pdf-these reasons: ./_WEB_DECISION__Maguire__Brendan___Boyle__Kevin_-_S_of_S_Decision (1).pdf- ./_WEB_DECISION__Maguire__Brendan___Boyle__Kevin_-_S_of_S_Decision (1).pdf-In that whilst employed as Assistant Head Teacher and/or whilst having ./_WEB_DECISION__Maguire__Brendan___Boyle__Kevin_-_S_of_S_Decision (1).pdf-responsibility as the Designated Safeguarding Lead at Oaklands School, you: ./_WEB_DECISION__Maguire__Brendan___Boyle__Kevin_-_S_of_S_Decision (1).pdf- ./_WEB_DECISION__Maguire__Brendan___Boyle__Kevin_-_S_of_S_Decision (1).pdf- 1. Failed to take appropriate action and/or ensure appropriate action was taken ./_WEB_DECISION__Maguire__Brendan___Boyle__Kevin_-_S_of_S_Decision (1).pdf- with respect to a safeguarding disclosure concerning Pupil A in or around ./_WEB_DECISION__Maguire__Brendan___Boyle__Kevin_-_S_of_S_Decision (1).pdf- January 2015, in that you did not ensure the disclosure was reported to the ./_WEB_DECISION__Maguire__Brendan___Boyle__Kevin_-_S_of_S_Decision (1).pdf- police and/or Local Authority; ./_WEB_DECISION__Maguire__Brendan___Boyle__Kevin_-_S_of_S_Decision (1).pdf- ./_WEB_DECISION__Maguire__Brendan___Boyle__Kevin_-_S_of_S_Decision (1).pdf- a. despite being provided with information by Pupil A's mother on or ./_WEB_DECISION__Maguire__Brendan___Boyle__Kevin_-_S_of_S_Decision (1).pdf- around 14 January 2015 to the effect that Pupil A's boyfriend had forced ./_WEB_DECISION__Maguire__Brendan___Boyle__Kevin_-_S_of_S_Decision (1).pdf: her to undertake a sexual act against her wishes; ./_WEB_DECISION__Maguire__Brendan___Boyle__Kevin_-_S_of_S_Decision (1).pdf- ./_WEB_DECISION__Maguire__Brendan___Boyle__Kevin_-_S_of_S_Decision (1).pdf-The preamble to this allegation was admitted by Mr Maguire on the basis of his ./_WEB_DECISION__Maguire__Brendan___Boyle__Kevin_-_S_of_S_Decision (1).pdf-admission to particular 1.a and full admissions in relation to particulars 1.b and 1.c. In ./_WEB_DECISION__Maguire__Brendan___Boyle__Kevin_-_S_of_S_Decision (1).pdf-relation to particular 1.a this was only in dispute with regard to the fact that Mr Maguire ./_WEB_DECISION__Maguire__Brendan___Boyle__Kevin_-_S_of_S_Decision (1).pdf-had been provided with information to the effect that Pupil A had been forced to ./_WEB_DECISION__Maguire__Brendan___Boyle__Kevin_-_S_of_S_Decision (1).pdf:undertake a sexual act against her wishes. We find it proved that he was aware of this ./_WEB_DECISION__Maguire__Brendan___Boyle__Kevin_-_S_of_S_Decision (1).pdf-information on or around 14 January 2015 and therefore that particular 1.a is proved in ./_WEB_DECISION__Maguire__Brendan___Boyle__Kevin_-_S_of_S_Decision (1).pdf-full. We find that the note produced by Mr Maguire at page 30 of the bundle was ./_WEB_DECISION__Maguire__Brendan___Boyle__Kevin_-_S_of_S_Decision (1).pdf-prepared by him after a conversation with Pupil A's mother on 14th January in which he ./_WEB_DECISION__Maguire__Brendan___Boyle__Kevin_-_S_of_S_Decision (1).pdf-was told the detail that is contained in the note. The detail in the note includes reference ./_WEB_DECISION__Maguire__Brendan___Boyle__Kevin_-_S_of_S_Decision (1).pdf:to Pupil A having been forced to undertake a sexual act with her boyfriend against her ./_WEB_DECISION__Maguire__Brendan___Boyle__Kevin_-_S_of_S_Decision (1).pdf-wishes. The note would not be drafted in the way that it is if it were not a note outlining ./_WEB_DECISION__Maguire__Brendan___Boyle__Kevin_-_S_of_S_Decision (1).pdf- ./_WEB_DECISION__Maguire__Brendan___Boyle__Kevin_-_S_of_S_Decision (1).pdf- 7 ./_WEB_DECISION__Maguire__Brendan___Boyle__Kevin_-_S_of_S_Decision (1).pdf- -- ./_WEB_DECISION__Maguire__Brendan___Boyle__Kevin_-_S_of_S_Decision (1).pdf-the content of his conversation with Pupil A's mother. There is no other explanation as to ./_WEB_DECISION__Maguire__Brendan___Boyle__Kevin_-_S_of_S_Decision (1).pdf-why, for example, reference is made towards the bottom of the note that Mr Maguire had ./_WEB_DECISION__Maguire__Brendan___Boyle__Kevin_-_S_of_S_Decision (1).pdf-made an appointment for Pupil A's mother to speak to Witness B. Other evidence ./_WEB_DECISION__Maguire__Brendan___Boyle__Kevin_-_S_of_S_Decision (1).pdf-confirms to us that on 21st January Witness B met with both Pupil A, and her mother on ./_WEB_DECISION__Maguire__Brendan___Boyle__Kevin_-_S_of_S_Decision (1).pdf-the direction of Mr Maguire and the approval of Mr Boyle. ./_WEB_DECISION__Maguire__Brendan___Boyle__Kevin_-_S_of_S_Decision (1).pdf- ./_WEB_DECISION__Maguire__Brendan___Boyle__Kevin_-_S_of_S_Decision (1).pdf-It follows therefore, that we find the preamble proved in full and particular 1.a proved in ./_WEB_DECISION__Maguire__Brendan___Boyle__Kevin_-_S_of_S_Decision (1).pdf-full. ./_WEB_DECISION__Maguire__Brendan___Boyle__Kevin_-_S_of_S_Decision (1).pdf- ./_WEB_DECISION__Maguire__Brendan___Boyle__Kevin_-_S_of_S_Decision (1).pdf- b. despite recording the disclosure as "an allegation of inappropriate ./_WEB_DECISION__Maguire__Brendan___Boyle__Kevin_-_S_of_S_Decision (1).pdf: sexual coercion" on a form he completed on or around 16 January 2015; ./_WEB_DECISION__Maguire__Brendan___Boyle__Kevin_-_S_of_S_Decision (1).pdf- ./_WEB_DECISION__Maguire__Brendan___Boyle__Kevin_-_S_of_S_Decision (1).pdf-This particular was admitted by Mr Maguire. The note dated 16th January (bundle page ./_WEB_DECISION__Maguire__Brendan___Boyle__Kevin_-_S_of_S_Decision (1).pdf:30) clearly shows the disclosure related to an 'allegation of inappropriate sexual ./_WEB_DECISION__Maguire__Brendan___Boyle__Kevin_-_S_of_S_Decision (1).pdf-coercion'. We therefore find this particular proved. ./_WEB_DECISION__Maguire__Brendan___Boyle__Kevin_-_S_of_S_Decision (1).pdf- ./_WEB_DECISION__Maguire__Brendan___Boyle__Kevin_-_S_of_S_Decision (1).pdf- c. despite one or more conversations with the School Counsellor regarding ./_WEB_DECISION__Maguire__Brendan___Boyle__Kevin_-_S_of_S_Decision (1).pdf- the disclosure in January and/or February 2015; ./_WEB_DECISION__Maguire__Brendan___Boyle__Kevin_-_S_of_S_Decision (1).pdf- ./_WEB_DECISION__Maguire__Brendan___Boyle__Kevin_-_S_of_S_Decision (1).pdf-This particular was admitted by Mr Maguire. We find it proved as Mr Maguire fully ./_WEB_DECISION__Maguire__Brendan___Boyle__Kevin_-_S_of_S_Decision (1).pdf-accepts that he discussed the disclosure with Witness B in January 2015 and we accept ./_WEB_DECISION__Maguire__Brendan___Boyle__Kevin_-_S_of_S_Decision (1).pdf-the accuracy of her note of February 2015 (bundle page 597) that she followed matters ./_WEB_DECISION__Maguire__Brendan___Boyle__Kevin_-_S_of_S_Decision (1).pdf-up with Mr Maguire on 28th January 2015. This confirms that Mr Maguire and Witness B ./_WEB_DECISION__Maguire__Brendan___Boyle__Kevin_-_S_of_S_Decision (1).pdf-spoke about the disclosure over the relevant period. -- ./_WEB_DECISION__Maguire__Brendan___Boyle__Kevin_-_S_of_S_Decision (1).pdf-Despite being assistant headteacher and designated safeguarding lead at the school he ./_WEB_DECISION__Maguire__Brendan___Boyle__Kevin_-_S_of_S_Decision (1).pdf-failed to take any substantial action in relation to disclosure made to him of a ./_WEB_DECISION__Maguire__Brendan___Boyle__Kevin_-_S_of_S_Decision (1).pdf-safeguarding issue involving a 14 year old girl having allegedly been the victim of ./_WEB_DECISION__Maguire__Brendan___Boyle__Kevin_-_S_of_S_Decision (1).pdf:inappropriate sexual coercion involving her allegedly having been forced to undertake a ./_WEB_DECISION__Maguire__Brendan___Boyle__Kevin_-_S_of_S_Decision (1).pdf:sexual act against her wishes. There was no referral made by Mr Maguire to the local ./_WEB_DECISION__Maguire__Brendan___Boyle__Kevin_-_S_of_S_Decision (1).pdf-authority or the police. In terms of safeguarding, such a course of action was clearly ./_WEB_DECISION__Maguire__Brendan___Boyle__Kevin_-_S_of_S_Decision (1).pdf-required in these circumstances. Mr Maguire was an experienced senior leader in a ./_WEB_DECISION__Maguire__Brendan___Boyle__Kevin_-_S_of_S_Decision (1).pdf-special school who had undergone safeguarding training and he should have been fully ./_WEB_DECISION__Maguire__Brendan___Boyle__Kevin_-_S_of_S_Decision (1).pdf-aware of his responsibility to protect this vulnerable pupil. We were particularly concerned ./_WEB_DECISION__Maguire__Brendan___Boyle__Kevin_-_S_of_S_Decision (1).pdf-that Mr Maguire thought that appropriate action was to deal with the matter internally as a ./_WEB_DECISION__Maguire__Brendan___Boyle__Kevin_-_S_of_S_Decision (1).pdf-pastoral issue rather than refer the matter to the appropriate authority. ./_WEB_DECISION__Maguire__Brendan___Boyle__Kevin_-_S_of_S_Decision (1).pdf- ./_WEB_DECISION__Maguire__Brendan___Boyle__Kevin_-_S_of_S_Decision (1).pdf-We have taken into account how the teaching profession is viewed by others and ./_WEB_DECISION__Maguire__Brendan___Boyle__Kevin_-_S_of_S_Decision (1).pdf-considered the influence that teachers may have on pupils, parents and others in the ./_WEB_DECISION__Maguire__Brendan___Boyle__Kevin_-_S_of_S_Decision (1).pdf-community. We have taken account of the uniquely influential role that teachers can hold -- ./_WEB_DECISION__Maguire__Brendan___Boyle__Kevin_-_S_of_S_Decision (1).pdf-We are satisfied that the conduct of Mr Boyle amounts to misconduct of a serious nature ./_WEB_DECISION__Maguire__Brendan___Boyle__Kevin_-_S_of_S_Decision (1).pdf-which fell significantly short of the standards expected of the profession and therefore ./_WEB_DECISION__Maguire__Brendan___Boyle__Kevin_-_S_of_S_Decision (1).pdf-amounts to unacceptable professional conduct. ./_WEB_DECISION__Maguire__Brendan___Boyle__Kevin_-_S_of_S_Decision (1).pdf- ./_WEB_DECISION__Maguire__Brendan___Boyle__Kevin_-_S_of_S_Decision (1).pdf-As headteacher at the school he admitted that he had overall responsibility for all ./_WEB_DECISION__Maguire__Brendan___Boyle__Kevin_-_S_of_S_Decision (1).pdf-safeguarding issues in the school. Despite this, he failed to take any substantial action in ./_WEB_DECISION__Maguire__Brendan___Boyle__Kevin_-_S_of_S_Decision (1).pdf-relation to disclosure made to him of a safeguarding issue involving a 14 year old girl ./_WEB_DECISION__Maguire__Brendan___Boyle__Kevin_-_S_of_S_Decision (1).pdf:having allegedly been the victim of inappropriate sexual coercion involving her allegedly ./_WEB_DECISION__Maguire__Brendan___Boyle__Kevin_-_S_of_S_Decision (1).pdf:having been forced to undertake a sexual act against her wishes. There was no referral ./_WEB_DECISION__Maguire__Brendan___Boyle__Kevin_-_S_of_S_Decision (1).pdf-made by the School to the local authority or the police. In terms of safeguarding, such a ./_WEB_DECISION__Maguire__Brendan___Boyle__Kevin_-_S_of_S_Decision (1).pdf-course of action was clearly required in these circumstances. Mr Boyle was a very ./_WEB_DECISION__Maguire__Brendan___Boyle__Kevin_-_S_of_S_Decision (1).pdf-experienced headteacher and associate OFSTED inspector who had undergone ./_WEB_DECISION__Maguire__Brendan___Boyle__Kevin_-_S_of_S_Decision (1).pdf-extensive safeguarding training and he should have been fully aware of his responsibility ./_WEB_DECISION__Maguire__Brendan___Boyle__Kevin_-_S_of_S_Decision (1).pdf-to implement and monitor proper safeguarding procedures at the School. We particularly ./_WEB_DECISION__Maguire__Brendan___Boyle__Kevin_-_S_of_S_Decision (1).pdf-noted that he failed to take action after being informed on 21st January 2015 about the ./_WEB_DECISION__Maguire__Brendan___Boyle__Kevin_-_S_of_S_Decision (1).pdf-incident reported to the school by Pupil A's mother on 14 th January 2015. He had a ./_WEB_DECISION__Maguire__Brendan___Boyle__Kevin_-_S_of_S_Decision (1).pdf-further opportunity to deal with the issue in February 2015. We noted that he did not ./_WEB_DECISION__Maguire__Brendan___Boyle__Kevin_-_S_of_S_Decision (1).pdf-manage this safeguarding incident in an appropriate or effective manner and that there ./_WEB_DECISION__Maguire__Brendan___Boyle__Kevin_-_S_of_S_Decision (1).pdf-was no systematic monitoring of safeguarding matters. -- ./_WEB_DECISION__Maguire__Brendan___Boyle__Kevin_-_S_of_S_Decision (1).pdf- ./_WEB_DECISION__Maguire__Brendan___Boyle__Kevin_-_S_of_S_Decision (1).pdf-Similarly, the panel considers that public confidence in the profession could be seriously ./_WEB_DECISION__Maguire__Brendan___Boyle__Kevin_-_S_of_S_Decision (1).pdf-weakened if conduct such as that found against Mr Boyle were not treated with the ./_WEB_DECISION__Maguire__Brendan___Boyle__Kevin_-_S_of_S_Decision (1).pdf-utmost seriousness when regulating the conduct of the profession. ./_WEB_DECISION__Maguire__Brendan___Boyle__Kevin_-_S_of_S_Decision (1).pdf- ./_WEB_DECISION__Maguire__Brendan___Boyle__Kevin_-_S_of_S_Decision (1).pdf-The panel considered that a strong public interest consideration in declaring proper ./_WEB_DECISION__Maguire__Brendan___Boyle__Kevin_-_S_of_S_Decision (1).pdf-standards of conduct in the profession was also present as the conduct found against Mr ./_WEB_DECISION__Maguire__Brendan___Boyle__Kevin_-_S_of_S_Decision (1).pdf-Boyle was outside that which could reasonably be tolerated. ./_WEB_DECISION__Maguire__Brendan___Boyle__Kevin_-_S_of_S_Decision (1).pdf- ./_WEB_DECISION__Maguire__Brendan___Boyle__Kevin_-_S_of_S_Decision (1).pdf-Mr Boyle was the headteacher of a special school and failed to ensure proper ./_WEB_DECISION__Maguire__Brendan___Boyle__Kevin_-_S_of_S_Decision (1).pdf:safeguarding action took place following the disclosure of alleged serious sexual coercion ./_WEB_DECISION__Maguire__Brendan___Boyle__Kevin_-_S_of_S_Decision (1).pdf-of a 14 year old vulnerable pupil. ./_WEB_DECISION__Maguire__Brendan___Boyle__Kevin_-_S_of_S_Decision (1).pdf- ./_WEB_DECISION__Maguire__Brendan___Boyle__Kevin_-_S_of_S_Decision (1).pdf-In view of the clear public interest considerations that were present, the panel considered ./_WEB_DECISION__Maguire__Brendan___Boyle__Kevin_-_S_of_S_Decision (1).pdf-carefully whether or not it would be proportionate to impose a prohibition order taking into ./_WEB_DECISION__Maguire__Brendan___Boyle__Kevin_-_S_of_S_Decision (1).pdf-account the effect that this would have on Mr Boyle. ./_WEB_DECISION__Maguire__Brendan___Boyle__Kevin_-_S_of_S_Decision (1).pdf- ./_WEB_DECISION__Maguire__Brendan___Boyle__Kevin_-_S_of_S_Decision (1).pdf-In carrying out the balancing exercise the panel has considered the public interest ./_WEB_DECISION__Maguire__Brendan___Boyle__Kevin_-_S_of_S_Decision (1).pdf-considerations both in favour of and against prohibition as well as the interests of Mr ./_WEB_DECISION__Maguire__Brendan___Boyle__Kevin_-_S_of_S_Decision (1).pdf-Boyle. The panel took further account of the Advice, which suggests that a prohibition ./_WEB_DECISION__Maguire__Brendan___Boyle__Kevin_-_S_of_S_Decision (1).pdf-order may be appropriate if certain behaviours of a teacher have been proven. In the list -- ./_WEB_DECISION__Maguire__Brendan___Boyle__Kevin_-_S_of_S_Decision (1).pdf-recommending no prohibition order is not a proportionate and appropriate response. ./_WEB_DECISION__Maguire__Brendan___Boyle__Kevin_-_S_of_S_Decision (1).pdf-Recommending that publication of adverse findings is sufficient in the case would ./_WEB_DECISION__Maguire__Brendan___Boyle__Kevin_-_S_of_S_Decision (1).pdf-unacceptably compromise the public interest considerations present in this case, despite ./_WEB_DECISION__Maguire__Brendan___Boyle__Kevin_-_S_of_S_Decision (1).pdf-the severity of consequences for the teacher of prohibition. ./_WEB_DECISION__Maguire__Brendan___Boyle__Kevin_-_S_of_S_Decision (1).pdf- ./_WEB_DECISION__Maguire__Brendan___Boyle__Kevin_-_S_of_S_Decision (1).pdf-The panel is of the view that prohibition is both proportionate and appropriate. We have ./_WEB_DECISION__Maguire__Brendan___Boyle__Kevin_-_S_of_S_Decision (1).pdf-decided that the public interest considerations outweigh the interests of Mr Boyle. ./_WEB_DECISION__Maguire__Brendan___Boyle__Kevin_-_S_of_S_Decision (1).pdf-Accordingly, the panel makes a recommendation to the Secretary of State that a ./_WEB_DECISION__Maguire__Brendan___Boyle__Kevin_-_S_of_S_Decision (1).pdf-prohibition order should be imposed with immediate effect. The facts are too serious for ./_WEB_DECISION__Maguire__Brendan___Boyle__Kevin_-_S_of_S_Decision (1).pdf-any other outcome in this case. Mr Boyle knew of the serious concerns of inappropriate ./_WEB_DECISION__Maguire__Brendan___Boyle__Kevin_-_S_of_S_Decision (1).pdf:sexual acts having taken place with a 14 year old vulnerable pupil and did not ensure ./_WEB_DECISION__Maguire__Brendan___Boyle__Kevin_-_S_of_S_Decision (1).pdf-appropriate action was taken. ./_WEB_DECISION__Maguire__Brendan___Boyle__Kevin_-_S_of_S_Decision (1).pdf- ./_WEB_DECISION__Maguire__Brendan___Boyle__Kevin_-_S_of_S_Decision (1).pdf-The panel went on to consider whether or not it would be appropriate for them to decide ./_WEB_DECISION__Maguire__Brendan___Boyle__Kevin_-_S_of_S_Decision (1).pdf-to recommend that a review period of the order should be considered. The panel was ./_WEB_DECISION__Maguire__Brendan___Boyle__Kevin_-_S_of_S_Decision (1).pdf-mindful that the Advice advises that a prohibition order applies for life, but there may be ./_WEB_DECISION__Maguire__Brendan___Boyle__Kevin_-_S_of_S_Decision (1).pdf-circumstances in any given case that may make it appropriate to allow a teacher to apply ./_WEB_DECISION__Maguire__Brendan___Boyle__Kevin_-_S_of_S_Decision (1).pdf-to have the prohibition order reviewed after a specified period of time that may not be ./_WEB_DECISION__Maguire__Brendan___Boyle__Kevin_-_S_of_S_Decision (1).pdf-less than two years. ./_WEB_DECISION__Maguire__Brendan___Boyle__Kevin_-_S_of_S_Decision (1).pdf- ./_WEB_DECISION__Maguire__Brendan___Boyle__Kevin_-_S_of_S_Decision (1).pdf-The Advice indicates that there are behaviours that, if proven, would militate against a -- ./_WEB_DECISION__Maguire__Brendan___Boyle__Kevin_-_S_of_S_Decision (1).pdf- ethics and behaviour, within and outside school, by: ./_WEB_DECISION__Maguire__Brendan___Boyle__Kevin_-_S_of_S_Decision (1).pdf- o having regard for the need to safeguard pupils’ well-being, in accordance with ./_WEB_DECISION__Maguire__Brendan___Boyle__Kevin_-_S_of_S_Decision (1).pdf- statutory provisions; ./_WEB_DECISION__Maguire__Brendan___Boyle__Kevin_-_S_of_S_Decision (1).pdf-  Teachers must have proper and professional regard for the ethos, policies and ./_WEB_DECISION__Maguire__Brendan___Boyle__Kevin_-_S_of_S_Decision (1).pdf- practices of the school in which they teach; ./_WEB_DECISION__Maguire__Brendan___Boyle__Kevin_-_S_of_S_Decision (1).pdf-  Teachers must have an understanding of, and always act within, the statutory ./_WEB_DECISION__Maguire__Brendan___Boyle__Kevin_-_S_of_S_Decision (1).pdf- frameworks which set out their professional duties and responsibilities. ./_WEB_DECISION__Maguire__Brendan___Boyle__Kevin_-_S_of_S_Decision (1).pdf-The findings of misconduct are particularly serious as they include a finding that Mr ./_WEB_DECISION__Maguire__Brendan___Boyle__Kevin_-_S_of_S_Decision (1).pdf-Maguire “failed to take any substantial action in relation to disclosure made to him of a ./_WEB_DECISION__Maguire__Brendan___Boyle__Kevin_-_S_of_S_Decision (1).pdf-safeguarding issue involving a 14 year old girl having allegedly been the victim of ./_WEB_DECISION__Maguire__Brendan___Boyle__Kevin_-_S_of_S_Decision (1).pdf:inappropriate sexual coercion involving her allegedly having been forced to undertake a ./_WEB_DECISION__Maguire__Brendan___Boyle__Kevin_-_S_of_S_Decision (1).pdf:sexual act against her wishes.” ./_WEB_DECISION__Maguire__Brendan___Boyle__Kevin_-_S_of_S_Decision (1).pdf- ./_WEB_DECISION__Maguire__Brendan___Boyle__Kevin_-_S_of_S_Decision (1).pdf-I have to determine whether the imposition of a prohibition order is proportionate and in ./_WEB_DECISION__Maguire__Brendan___Boyle__Kevin_-_S_of_S_Decision (1).pdf-the public interest. In considering that for the case of Mr Maguire I have considered the ./_WEB_DECISION__Maguire__Brendan___Boyle__Kevin_-_S_of_S_Decision (1).pdf-overall aim of a prohibition order which is to protect pupils and to maintain public ./_WEB_DECISION__Maguire__Brendan___Boyle__Kevin_-_S_of_S_Decision (1).pdf-confidence in the profession. I have considered the extent to which a prohibition order in ./_WEB_DECISION__Maguire__Brendan___Boyle__Kevin_-_S_of_S_Decision (1).pdf-this case would achieve that aim taking into account the impact that it will have on the ./_WEB_DECISION__Maguire__Brendan___Boyle__Kevin_-_S_of_S_Decision (1).pdf-individual teacher. I have also asked myself whether or not a less intrusive measure, ./_WEB_DECISION__Maguire__Brendan___Boyle__Kevin_-_S_of_S_Decision (1).pdf-such as the published finding of unacceptable professional conduct and conduct that may ./_WEB_DECISION__Maguire__Brendan___Boyle__Kevin_-_S_of_S_Decision (1).pdf-bring the profession into disrepute, would itself be sufficient to achieve the overall aim. I ./_WEB_DECISION__Maguire__Brendan___Boyle__Kevin_-_S_of_S_Decision (1).pdf-have to consider whether the consequences of such a publication are themselves -- ./_WEB_DECISION__Maguire__Brendan___Boyle__Kevin_-_S_of_S_Decision (1).pdf-  Teachers must have proper and professional regard for the ethos, policies and ./_WEB_DECISION__Maguire__Brendan___Boyle__Kevin_-_S_of_S_Decision (1).pdf- practices of the school in which they teach; ./_WEB_DECISION__Maguire__Brendan___Boyle__Kevin_-_S_of_S_Decision (1).pdf-  Teachers must have an understanding of, and always act within, the statutory ./_WEB_DECISION__Maguire__Brendan___Boyle__Kevin_-_S_of_S_Decision (1).pdf- frameworks which set out their professional duties and responsibilities. ./_WEB_DECISION__Maguire__Brendan___Boyle__Kevin_-_S_of_S_Decision (1).pdf-The findings of misconduct are particularly serious as they include a finding that Mr Boyle ./_WEB_DECISION__Maguire__Brendan___Boyle__Kevin_-_S_of_S_Decision (1).pdf-“failed to take any substantial action in relation to disclosure made to him of a ./_WEB_DECISION__Maguire__Brendan___Boyle__Kevin_-_S_of_S_Decision (1).pdf-safeguarding issue involving a 14 year old girl having allegedly been the victim of ./_WEB_DECISION__Maguire__Brendan___Boyle__Kevin_-_S_of_S_Decision (1).pdf:inappropriate sexual coercion involving her allegedly having been forced to undertake a ./_WEB_DECISION__Maguire__Brendan___Boyle__Kevin_-_S_of_S_Decision (1).pdf:sexual act against her wishes.” ./_WEB_DECISION__Maguire__Brendan___Boyle__Kevin_-_S_of_S_Decision (1).pdf- ./_WEB_DECISION__Maguire__Brendan___Boyle__Kevin_-_S_of_S_Decision (1).pdf-I have to determine whether the imposition of a prohibition order is proportionate and in ./_WEB_DECISION__Maguire__Brendan___Boyle__Kevin_-_S_of_S_Decision (1).pdf-the public interest. In considering that for the case of Mr Boyle I have considered the ./_WEB_DECISION__Maguire__Brendan___Boyle__Kevin_-_S_of_S_Decision (1).pdf-overall aim of a prohibition order which is to protect pupils and to maintain public ./_WEB_DECISION__Maguire__Brendan___Boyle__Kevin_-_S_of_S_Decision (1).pdf-confidence in the profession. I have considered the extent to which a prohibition order in ./_WEB_DECISION__Maguire__Brendan___Boyle__Kevin_-_S_of_S_Decision (1).pdf-this case would achieve that aim taking into account the impact that it will have on the ./_WEB_DECISION__Maguire__Brendan___Boyle__Kevin_-_S_of_S_Decision (1).pdf-individual teacher. I have also asked myself whether or not a less intrusive measure, ./_WEB_DECISION__Maguire__Brendan___Boyle__Kevin_-_S_of_S_Decision (1).pdf-such as the published finding of unacceptable professional conduct and conduct that may ./_WEB_DECISION__Maguire__Brendan___Boyle__Kevin_-_S_of_S_Decision (1).pdf-bring the profession into disrepute, would itself be sufficient to achieve the overall aim. I ./_WEB_DECISION__Maguire__Brendan___Boyle__Kevin_-_S_of_S_Decision (1).pdf-have to consider whether the consequences of such a publication are themselves -- ./_WEB_DECISION__Maguire__Brendan___Boyle__Kevin_-_S_of_S_Decision (1).pdf-citizen.” ./_WEB_DECISION__Maguire__Brendan___Boyle__Kevin_-_S_of_S_Decision (1).pdf- ./_WEB_DECISION__Maguire__Brendan___Boyle__Kevin_-_S_of_S_Decision (1).pdf-I have considered whether the publication of a finding of unacceptable professional ./_WEB_DECISION__Maguire__Brendan___Boyle__Kevin_-_S_of_S_Decision (1).pdf-conduct, in the absence of a prohibition order, can itself be regarded by such a person as ./_WEB_DECISION__Maguire__Brendan___Boyle__Kevin_-_S_of_S_Decision (1).pdf-being a proportionate response to the misconduct that has been found proven in this ./_WEB_DECISION__Maguire__Brendan___Boyle__Kevin_-_S_of_S_Decision (1).pdf-case. ./_WEB_DECISION__Maguire__Brendan___Boyle__Kevin_-_S_of_S_Decision (1).pdf- ./_WEB_DECISION__Maguire__Brendan___Boyle__Kevin_-_S_of_S_Decision (1).pdf-I have also considered the impact of a prohibition order on Mr Boyle himself. The panel ./_WEB_DECISION__Maguire__Brendan___Boyle__Kevin_-_S_of_S_Decision (1).pdf-set out that, “He has had an unblemished and outstanding career. “ That is true, but the ./_WEB_DECISION__Maguire__Brendan___Boyle__Kevin_-_S_of_S_Decision (1).pdf-panel go on to say that “The facts are too serious for any other outcome in this case. Mr ./_WEB_DECISION__Maguire__Brendan___Boyle__Kevin_-_S_of_S_Decision (1).pdf:Boyle knew of the serious concerns of inappropriate sexual acts having taken place with ./_WEB_DECISION__Maguire__Brendan___Boyle__Kevin_-_S_of_S_Decision (1).pdf-a 14 year old vulnerable pupil and did not ensure appropriate action was taken.” ./_WEB_DECISION__Maguire__Brendan___Boyle__Kevin_-_S_of_S_Decision (1).pdf- ./_WEB_DECISION__Maguire__Brendan___Boyle__Kevin_-_S_of_S_Decision (1).pdf-A prohibition order would prevent Mr Boyle from teaching and would also clearly deprive ./_WEB_DECISION__Maguire__Brendan___Boyle__Kevin_-_S_of_S_Decision (1).pdf-the public of his contribution to the profession for the period that it is in force. ./_WEB_DECISION__Maguire__Brendan___Boyle__Kevin_-_S_of_S_Decision (1).pdf- ./_WEB_DECISION__Maguire__Brendan___Boyle__Kevin_-_S_of_S_Decision (1).pdf-In this case I have placed considerable weight on the panel’s comments concerning the ./_WEB_DECISION__Maguire__Brendan___Boyle__Kevin_-_S_of_S_Decision (1).pdf-failure of Mr Boyle to ensure that appropriate action was taken. ./_WEB_DECISION__Maguire__Brendan___Boyle__Kevin_-_S_of_S_Decision (1).pdf- ./_WEB_DECISION__Maguire__Brendan___Boyle__Kevin_-_S_of_S_Decision (1).pdf-I have given less weight in my consideration of sanction therefore, to the contribution that ./_WEB_DECISION__Maguire__Brendan___Boyle__Kevin_-_S_of_S_Decision (1).pdf-Mr Boyle has made to the profession. In my view it is necessary to impose a prohibition ./_WEB_DECISION__Maguire__Brendan___Boyle__Kevin_-_S_of_S_Decision.pdf-headteacher and/or whilst having responsibility as the designated safeguarding lead at ./_WEB_DECISION__Maguire__Brendan___Boyle__Kevin_-_S_of_S_Decision.pdf-Oaklands School, he: ./_WEB_DECISION__Maguire__Brendan___Boyle__Kevin_-_S_of_S_Decision.pdf- ./_WEB_DECISION__Maguire__Brendan___Boyle__Kevin_-_S_of_S_Decision.pdf- 1. Failed to take appropriate action and/or ensure appropriate action was taken with ./_WEB_DECISION__Maguire__Brendan___Boyle__Kevin_-_S_of_S_Decision.pdf- respect to a safeguarding disclosure concerning Pupil A in or around January ./_WEB_DECISION__Maguire__Brendan___Boyle__Kevin_-_S_of_S_Decision.pdf- 2015, in that he did not ensure the disclosure was reported to the police and/or ./_WEB_DECISION__Maguire__Brendan___Boyle__Kevin_-_S_of_S_Decision.pdf- Local Authority; ./_WEB_DECISION__Maguire__Brendan___Boyle__Kevin_-_S_of_S_Decision.pdf- ./_WEB_DECISION__Maguire__Brendan___Boyle__Kevin_-_S_of_S_Decision.pdf- a. despite being provided with information by Pupil A's mother on or around 14 ./_WEB_DECISION__Maguire__Brendan___Boyle__Kevin_-_S_of_S_Decision.pdf- January 2015 to the effect that Pupil A's boyfriend had forced her to undertake ./_WEB_DECISION__Maguire__Brendan___Boyle__Kevin_-_S_of_S_Decision.pdf: a sexual act against her wishes; ./_WEB_DECISION__Maguire__Brendan___Boyle__Kevin_-_S_of_S_Decision.pdf- ./_WEB_DECISION__Maguire__Brendan___Boyle__Kevin_-_S_of_S_Decision.pdf: b. despite recording the disclosure as "an allegation of inappropriate sexual ./_WEB_DECISION__Maguire__Brendan___Boyle__Kevin_-_S_of_S_Decision.pdf- coercion" on a form he completed on or around 16 January 2015; ./_WEB_DECISION__Maguire__Brendan___Boyle__Kevin_-_S_of_S_Decision.pdf- ./_WEB_DECISION__Maguire__Brendan___Boyle__Kevin_-_S_of_S_Decision.pdf- c. despite one or more conversations with the School Counsellor regarding the ./_WEB_DECISION__Maguire__Brendan___Boyle__Kevin_-_S_of_S_Decision.pdf- disclosure in January and/or February 2015; ./_WEB_DECISION__Maguire__Brendan___Boyle__Kevin_-_S_of_S_Decision.pdf- ./_WEB_DECISION__Maguire__Brendan___Boyle__Kevin_-_S_of_S_Decision.pdf-The panel also considered the allegations against Mr Boyle as set out in the Notice of ./_WEB_DECISION__Maguire__Brendan___Boyle__Kevin_-_S_of_S_Decision.pdf-Proceedings dated 9 August 2018. ./_WEB_DECISION__Maguire__Brendan___Boyle__Kevin_-_S_of_S_Decision.pdf- ./_WEB_DECISION__Maguire__Brendan___Boyle__Kevin_-_S_of_S_Decision.pdf-It was alleged that Mr Boyle was guilty of unacceptable professional conduct and/or ./_WEB_DECISION__Maguire__Brendan___Boyle__Kevin_-_S_of_S_Decision.pdf-conduct that may bring the profession into disrepute, in that whilst employed as -- ./_WEB_DECISION__Maguire__Brendan___Boyle__Kevin_-_S_of_S_Decision.pdf- ./_WEB_DECISION__Maguire__Brendan___Boyle__Kevin_-_S_of_S_Decision.pdf- a. despite being made aware of the disclosure by the School Counsellor on or ./_WEB_DECISION__Maguire__Brendan___Boyle__Kevin_-_S_of_S_Decision.pdf- around 21 January 2015; ./_WEB_DECISION__Maguire__Brendan___Boyle__Kevin_-_S_of_S_Decision.pdf- ./_WEB_DECISION__Maguire__Brendan___Boyle__Kevin_-_S_of_S_Decision.pdf- b. despite receiving a copy of the 'Cause for Concern' form completed by the ./_WEB_DECISION__Maguire__Brendan___Boyle__Kevin_-_S_of_S_Decision.pdf- School Counsellor on or around 10 February 2015. ./_WEB_DECISION__Maguire__Brendan___Boyle__Kevin_-_S_of_S_Decision.pdf- ./_WEB_DECISION__Maguire__Brendan___Boyle__Kevin_-_S_of_S_Decision.pdf-At the start of the hearing Mr Maguire admitted the preamble to factual allegation 1 in full. ./_WEB_DECISION__Maguire__Brendan___Boyle__Kevin_-_S_of_S_Decision.pdf-He also admitted sub-particulars 1.b and 1.c and sub-particular 1.a in part. In relation to ./_WEB_DECISION__Maguire__Brendan___Boyle__Kevin_-_S_of_S_Decision.pdf-to factual particular 1.a Mr Maguire accepted that he had been provided with information ./_WEB_DECISION__Maguire__Brendan___Boyle__Kevin_-_S_of_S_Decision.pdf:by Pupil A's mother that amounted to her suspicion of a sexual act/assault having been ./_WEB_DECISION__Maguire__Brendan___Boyle__Kevin_-_S_of_S_Decision.pdf- ./_WEB_DECISION__Maguire__Brendan___Boyle__Kevin_-_S_of_S_Decision.pdf- 4 ./_WEB_DECISION__Maguire__Brendan___Boyle__Kevin_-_S_of_S_Decision.pdf- -- ./_WEB_DECISION__Maguire__Brendan___Boyle__Kevin_-_S_of_S_Decision.pdf-The panel announced its decision and reasons as follows: ./_WEB_DECISION__Maguire__Brendan___Boyle__Kevin_-_S_of_S_Decision.pdf- ./_WEB_DECISION__Maguire__Brendan___Boyle__Kevin_-_S_of_S_Decision.pdf-We have carefully considered the case before us and have reached a decision. ./_WEB_DECISION__Maguire__Brendan___Boyle__Kevin_-_S_of_S_Decision.pdf- ./_WEB_DECISION__Maguire__Brendan___Boyle__Kevin_-_S_of_S_Decision.pdf-We confirm that we have read all the documents provided in the bundle in advance of the ./_WEB_DECISION__Maguire__Brendan___Boyle__Kevin_-_S_of_S_Decision.pdf-hearing. ./_WEB_DECISION__Maguire__Brendan___Boyle__Kevin_-_S_of_S_Decision.pdf- ./_WEB_DECISION__Maguire__Brendan___Boyle__Kevin_-_S_of_S_Decision.pdf-This is a case concerning the headteacher and assistant headteacher (who was also the ./_WEB_DECISION__Maguire__Brendan___Boyle__Kevin_-_S_of_S_Decision.pdf-designated safeguarding lead) of Oaklands School (“the School”) in Cheshire who were ./_WEB_DECISION__Maguire__Brendan___Boyle__Kevin_-_S_of_S_Decision.pdf-alleged to have failed to take appropriate safeguarding disclosure action following receipt ./_WEB_DECISION__Maguire__Brendan___Boyle__Kevin_-_S_of_S_Decision.pdf:of information that a pupil at the school may have been involved in inappropriate sexually ./_WEB_DECISION__Maguire__Brendan___Boyle__Kevin_-_S_of_S_Decision.pdf-activity. ./_WEB_DECISION__Maguire__Brendan___Boyle__Kevin_-_S_of_S_Decision.pdf- ./_WEB_DECISION__Maguire__Brendan___Boyle__Kevin_-_S_of_S_Decision.pdf-Findings of fact ./_WEB_DECISION__Maguire__Brendan___Boyle__Kevin_-_S_of_S_Decision.pdf-Our findings of fact are as follows: ./_WEB_DECISION__Maguire__Brendan___Boyle__Kevin_-_S_of_S_Decision.pdf- ./_WEB_DECISION__Maguire__Brendan___Boyle__Kevin_-_S_of_S_Decision.pdf-Mr Maguire ./_WEB_DECISION__Maguire__Brendan___Boyle__Kevin_-_S_of_S_Decision.pdf-We have found the following particulars of the allegations against Mr Maguire proven, for ./_WEB_DECISION__Maguire__Brendan___Boyle__Kevin_-_S_of_S_Decision.pdf-these reasons: ./_WEB_DECISION__Maguire__Brendan___Boyle__Kevin_-_S_of_S_Decision.pdf- ./_WEB_DECISION__Maguire__Brendan___Boyle__Kevin_-_S_of_S_Decision.pdf-In that whilst employed as Assistant Head Teacher and/or whilst having ./_WEB_DECISION__Maguire__Brendan___Boyle__Kevin_-_S_of_S_Decision.pdf-responsibility as the Designated Safeguarding Lead at Oaklands School, you: ./_WEB_DECISION__Maguire__Brendan___Boyle__Kevin_-_S_of_S_Decision.pdf- ./_WEB_DECISION__Maguire__Brendan___Boyle__Kevin_-_S_of_S_Decision.pdf- 1. Failed to take appropriate action and/or ensure appropriate action was taken ./_WEB_DECISION__Maguire__Brendan___Boyle__Kevin_-_S_of_S_Decision.pdf- with respect to a safeguarding disclosure concerning Pupil A in or around ./_WEB_DECISION__Maguire__Brendan___Boyle__Kevin_-_S_of_S_Decision.pdf- January 2015, in that you did not ensure the disclosure was reported to the ./_WEB_DECISION__Maguire__Brendan___Boyle__Kevin_-_S_of_S_Decision.pdf- police and/or Local Authority; ./_WEB_DECISION__Maguire__Brendan___Boyle__Kevin_-_S_of_S_Decision.pdf- ./_WEB_DECISION__Maguire__Brendan___Boyle__Kevin_-_S_of_S_Decision.pdf- a. despite being provided with information by Pupil A's mother on or ./_WEB_DECISION__Maguire__Brendan___Boyle__Kevin_-_S_of_S_Decision.pdf- around 14 January 2015 to the effect that Pupil A's boyfriend had forced ./_WEB_DECISION__Maguire__Brendan___Boyle__Kevin_-_S_of_S_Decision.pdf: her to undertake a sexual act against her wishes; ./_WEB_DECISION__Maguire__Brendan___Boyle__Kevin_-_S_of_S_Decision.pdf- ./_WEB_DECISION__Maguire__Brendan___Boyle__Kevin_-_S_of_S_Decision.pdf-The preamble to this allegation was admitted by Mr Maguire on the basis of his ./_WEB_DECISION__Maguire__Brendan___Boyle__Kevin_-_S_of_S_Decision.pdf-admission to particular 1.a and full admissions in relation to particulars 1.b and 1.c. In ./_WEB_DECISION__Maguire__Brendan___Boyle__Kevin_-_S_of_S_Decision.pdf-relation to particular 1.a this was only in dispute with regard to the fact that Mr Maguire ./_WEB_DECISION__Maguire__Brendan___Boyle__Kevin_-_S_of_S_Decision.pdf-had been provided with information to the effect that Pupil A had been forced to ./_WEB_DECISION__Maguire__Brendan___Boyle__Kevin_-_S_of_S_Decision.pdf:undertake a sexual act against her wishes. We find it proved that he was aware of this ./_WEB_DECISION__Maguire__Brendan___Boyle__Kevin_-_S_of_S_Decision.pdf-information on or around 14 January 2015 and therefore that particular 1.a is proved in ./_WEB_DECISION__Maguire__Brendan___Boyle__Kevin_-_S_of_S_Decision.pdf-full. We find that the note produced by Mr Maguire at page 30 of the bundle was ./_WEB_DECISION__Maguire__Brendan___Boyle__Kevin_-_S_of_S_Decision.pdf-prepared by him after a conversation with Pupil A's mother on 14th January in which he ./_WEB_DECISION__Maguire__Brendan___Boyle__Kevin_-_S_of_S_Decision.pdf-was told the detail that is contained in the note. The detail in the note includes reference ./_WEB_DECISION__Maguire__Brendan___Boyle__Kevin_-_S_of_S_Decision.pdf:to Pupil A having been forced to undertake a sexual act with her boyfriend against her ./_WEB_DECISION__Maguire__Brendan___Boyle__Kevin_-_S_of_S_Decision.pdf-wishes. The note would not be drafted in the way that it is if it were not a note outlining ./_WEB_DECISION__Maguire__Brendan___Boyle__Kevin_-_S_of_S_Decision.pdf- ./_WEB_DECISION__Maguire__Brendan___Boyle__Kevin_-_S_of_S_Decision.pdf- 7 ./_WEB_DECISION__Maguire__Brendan___Boyle__Kevin_-_S_of_S_Decision.pdf- -- ./_WEB_DECISION__Maguire__Brendan___Boyle__Kevin_-_S_of_S_Decision.pdf-the content of his conversation with Pupil A's mother. There is no other explanation as to ./_WEB_DECISION__Maguire__Brendan___Boyle__Kevin_-_S_of_S_Decision.pdf-why, for example, reference is made towards the bottom of the note that Mr Maguire had ./_WEB_DECISION__Maguire__Brendan___Boyle__Kevin_-_S_of_S_Decision.pdf-made an appointment for Pupil A's mother to speak to Witness B. Other evidence ./_WEB_DECISION__Maguire__Brendan___Boyle__Kevin_-_S_of_S_Decision.pdf-confirms to us that on 21st January Witness B met with both Pupil A, and her mother on ./_WEB_DECISION__Maguire__Brendan___Boyle__Kevin_-_S_of_S_Decision.pdf-the direction of Mr Maguire and the approval of Mr Boyle. ./_WEB_DECISION__Maguire__Brendan___Boyle__Kevin_-_S_of_S_Decision.pdf- ./_WEB_DECISION__Maguire__Brendan___Boyle__Kevin_-_S_of_S_Decision.pdf-It follows therefore, that we find the preamble proved in full and particular 1.a proved in ./_WEB_DECISION__Maguire__Brendan___Boyle__Kevin_-_S_of_S_Decision.pdf-full. ./_WEB_DECISION__Maguire__Brendan___Boyle__Kevin_-_S_of_S_Decision.pdf- ./_WEB_DECISION__Maguire__Brendan___Boyle__Kevin_-_S_of_S_Decision.pdf- b. despite recording the disclosure as "an allegation of inappropriate ./_WEB_DECISION__Maguire__Brendan___Boyle__Kevin_-_S_of_S_Decision.pdf: sexual coercion" on a form he completed on or around 16 January 2015; ./_WEB_DECISION__Maguire__Brendan___Boyle__Kevin_-_S_of_S_Decision.pdf- ./_WEB_DECISION__Maguire__Brendan___Boyle__Kevin_-_S_of_S_Decision.pdf-This particular was admitted by Mr Maguire. The note dated 16th January (bundle page ./_WEB_DECISION__Maguire__Brendan___Boyle__Kevin_-_S_of_S_Decision.pdf:30) clearly shows the disclosure related to an 'allegation of inappropriate sexual ./_WEB_DECISION__Maguire__Brendan___Boyle__Kevin_-_S_of_S_Decision.pdf-coercion'. We therefore find this particular proved. ./_WEB_DECISION__Maguire__Brendan___Boyle__Kevin_-_S_of_S_Decision.pdf- ./_WEB_DECISION__Maguire__Brendan___Boyle__Kevin_-_S_of_S_Decision.pdf- c. despite one or more conversations with the School Counsellor regarding ./_WEB_DECISION__Maguire__Brendan___Boyle__Kevin_-_S_of_S_Decision.pdf- the disclosure in January and/or February 2015; ./_WEB_DECISION__Maguire__Brendan___Boyle__Kevin_-_S_of_S_Decision.pdf- ./_WEB_DECISION__Maguire__Brendan___Boyle__Kevin_-_S_of_S_Decision.pdf-This particular was admitted by Mr Maguire. We find it proved as Mr Maguire fully ./_WEB_DECISION__Maguire__Brendan___Boyle__Kevin_-_S_of_S_Decision.pdf-accepts that he discussed the disclosure with Witness B in January 2015 and we accept ./_WEB_DECISION__Maguire__Brendan___Boyle__Kevin_-_S_of_S_Decision.pdf-the accuracy of her note of February 2015 (bundle page 597) that she followed matters ./_WEB_DECISION__Maguire__Brendan___Boyle__Kevin_-_S_of_S_Decision.pdf-up with Mr Maguire on 28th January 2015. This confirms that Mr Maguire and Witness B ./_WEB_DECISION__Maguire__Brendan___Boyle__Kevin_-_S_of_S_Decision.pdf-spoke about the disclosure over the relevant period. -- ./_WEB_DECISION__Maguire__Brendan___Boyle__Kevin_-_S_of_S_Decision.pdf-Despite being assistant headteacher and designated safeguarding lead at the school he ./_WEB_DECISION__Maguire__Brendan___Boyle__Kevin_-_S_of_S_Decision.pdf-failed to take any substantial action in relation to disclosure made to him of a ./_WEB_DECISION__Maguire__Brendan___Boyle__Kevin_-_S_of_S_Decision.pdf-safeguarding issue involving a 14 year old girl having allegedly been the victim of ./_WEB_DECISION__Maguire__Brendan___Boyle__Kevin_-_S_of_S_Decision.pdf:inappropriate sexual coercion involving her allegedly having been forced to undertake a ./_WEB_DECISION__Maguire__Brendan___Boyle__Kevin_-_S_of_S_Decision.pdf:sexual act against her wishes. There was no referral made by Mr Maguire to the local ./_WEB_DECISION__Maguire__Brendan___Boyle__Kevin_-_S_of_S_Decision.pdf-authority or the police. In terms of safeguarding, such a course of action was clearly ./_WEB_DECISION__Maguire__Brendan___Boyle__Kevin_-_S_of_S_Decision.pdf-required in these circumstances. Mr Maguire was an experienced senior leader in a ./_WEB_DECISION__Maguire__Brendan___Boyle__Kevin_-_S_of_S_Decision.pdf-special school who had undergone safeguarding training and he should have been fully ./_WEB_DECISION__Maguire__Brendan___Boyle__Kevin_-_S_of_S_Decision.pdf-aware of his responsibility to protect this vulnerable pupil. We were particularly concerned ./_WEB_DECISION__Maguire__Brendan___Boyle__Kevin_-_S_of_S_Decision.pdf-that Mr Maguire thought that appropriate action was to deal with the matter internally as a ./_WEB_DECISION__Maguire__Brendan___Boyle__Kevin_-_S_of_S_Decision.pdf-pastoral issue rather than refer the matter to the appropriate authority. ./_WEB_DECISION__Maguire__Brendan___Boyle__Kevin_-_S_of_S_Decision.pdf- ./_WEB_DECISION__Maguire__Brendan___Boyle__Kevin_-_S_of_S_Decision.pdf-We have taken into account how the teaching profession is viewed by others and ./_WEB_DECISION__Maguire__Brendan___Boyle__Kevin_-_S_of_S_Decision.pdf-considered the influence that teachers may have on pupils, parents and others in the ./_WEB_DECISION__Maguire__Brendan___Boyle__Kevin_-_S_of_S_Decision.pdf-community. We have taken account of the uniquely influential role that teachers can hold -- ./_WEB_DECISION__Maguire__Brendan___Boyle__Kevin_-_S_of_S_Decision.pdf-We are satisfied that the conduct of Mr Boyle amounts to misconduct of a serious nature ./_WEB_DECISION__Maguire__Brendan___Boyle__Kevin_-_S_of_S_Decision.pdf-which fell significantly short of the standards expected of the profession and therefore ./_WEB_DECISION__Maguire__Brendan___Boyle__Kevin_-_S_of_S_Decision.pdf-amounts to unacceptable professional conduct. ./_WEB_DECISION__Maguire__Brendan___Boyle__Kevin_-_S_of_S_Decision.pdf- ./_WEB_DECISION__Maguire__Brendan___Boyle__Kevin_-_S_of_S_Decision.pdf-As headteacher at the school he admitted that he had overall responsibility for all ./_WEB_DECISION__Maguire__Brendan___Boyle__Kevin_-_S_of_S_Decision.pdf-safeguarding issues in the school. Despite this, he failed to take any substantial action in ./_WEB_DECISION__Maguire__Brendan___Boyle__Kevin_-_S_of_S_Decision.pdf-relation to disclosure made to him of a safeguarding issue involving a 14 year old girl ./_WEB_DECISION__Maguire__Brendan___Boyle__Kevin_-_S_of_S_Decision.pdf:having allegedly been the victim of inappropriate sexual coercion involving her allegedly ./_WEB_DECISION__Maguire__Brendan___Boyle__Kevin_-_S_of_S_Decision.pdf:having been forced to undertake a sexual act against her wishes. There was no referral ./_WEB_DECISION__Maguire__Brendan___Boyle__Kevin_-_S_of_S_Decision.pdf-made by the School to the local authority or the police. In terms of safeguarding, such a ./_WEB_DECISION__Maguire__Brendan___Boyle__Kevin_-_S_of_S_Decision.pdf-course of action was clearly required in these circumstances. Mr Boyle was a very ./_WEB_DECISION__Maguire__Brendan___Boyle__Kevin_-_S_of_S_Decision.pdf-experienced headteacher and associate OFSTED inspector who had undergone ./_WEB_DECISION__Maguire__Brendan___Boyle__Kevin_-_S_of_S_Decision.pdf-extensive safeguarding training and he should have been fully aware of his responsibility ./_WEB_DECISION__Maguire__Brendan___Boyle__Kevin_-_S_of_S_Decision.pdf-to implement and monitor proper safeguarding procedures at the School. We particularly ./_WEB_DECISION__Maguire__Brendan___Boyle__Kevin_-_S_of_S_Decision.pdf-noted that he failed to take action after being informed on 21st January 2015 about the ./_WEB_DECISION__Maguire__Brendan___Boyle__Kevin_-_S_of_S_Decision.pdf-incident reported to the school by Pupil A's mother on 14 th January 2015. He had a ./_WEB_DECISION__Maguire__Brendan___Boyle__Kevin_-_S_of_S_Decision.pdf-further opportunity to deal with the issue in February 2015. We noted that he did not ./_WEB_DECISION__Maguire__Brendan___Boyle__Kevin_-_S_of_S_Decision.pdf-manage this safeguarding incident in an appropriate or effective manner and that there ./_WEB_DECISION__Maguire__Brendan___Boyle__Kevin_-_S_of_S_Decision.pdf-was no systematic monitoring of safeguarding matters. -- ./_WEB_DECISION__Maguire__Brendan___Boyle__Kevin_-_S_of_S_Decision.pdf- ./_WEB_DECISION__Maguire__Brendan___Boyle__Kevin_-_S_of_S_Decision.pdf-Similarly, the panel considers that public confidence in the profession could be seriously ./_WEB_DECISION__Maguire__Brendan___Boyle__Kevin_-_S_of_S_Decision.pdf-weakened if conduct such as that found against Mr Boyle were not treated with the ./_WEB_DECISION__Maguire__Brendan___Boyle__Kevin_-_S_of_S_Decision.pdf-utmost seriousness when regulating the conduct of the profession. ./_WEB_DECISION__Maguire__Brendan___Boyle__Kevin_-_S_of_S_Decision.pdf- ./_WEB_DECISION__Maguire__Brendan___Boyle__Kevin_-_S_of_S_Decision.pdf-The panel considered that a strong public interest consideration in declaring proper ./_WEB_DECISION__Maguire__Brendan___Boyle__Kevin_-_S_of_S_Decision.pdf-standards of conduct in the profession was also present as the conduct found against Mr ./_WEB_DECISION__Maguire__Brendan___Boyle__Kevin_-_S_of_S_Decision.pdf-Boyle was outside that which could reasonably be tolerated. ./_WEB_DECISION__Maguire__Brendan___Boyle__Kevin_-_S_of_S_Decision.pdf- ./_WEB_DECISION__Maguire__Brendan___Boyle__Kevin_-_S_of_S_Decision.pdf-Mr Boyle was the headteacher of a special school and failed to ensure proper ./_WEB_DECISION__Maguire__Brendan___Boyle__Kevin_-_S_of_S_Decision.pdf:safeguarding action took place following the disclosure of alleged serious sexual coercion ./_WEB_DECISION__Maguire__Brendan___Boyle__Kevin_-_S_of_S_Decision.pdf-of a 14 year old vulnerable pupil. ./_WEB_DECISION__Maguire__Brendan___Boyle__Kevin_-_S_of_S_Decision.pdf- ./_WEB_DECISION__Maguire__Brendan___Boyle__Kevin_-_S_of_S_Decision.pdf-In view of the clear public interest considerations that were present, the panel considered ./_WEB_DECISION__Maguire__Brendan___Boyle__Kevin_-_S_of_S_Decision.pdf-carefully whether or not it would be proportionate to impose a prohibition order taking into ./_WEB_DECISION__Maguire__Brendan___Boyle__Kevin_-_S_of_S_Decision.pdf-account the effect that this would have on Mr Boyle. ./_WEB_DECISION__Maguire__Brendan___Boyle__Kevin_-_S_of_S_Decision.pdf- ./_WEB_DECISION__Maguire__Brendan___Boyle__Kevin_-_S_of_S_Decision.pdf-In carrying out the balancing exercise the panel has considered the public interest ./_WEB_DECISION__Maguire__Brendan___Boyle__Kevin_-_S_of_S_Decision.pdf-considerations both in favour of and against prohibition as well as the interests of Mr ./_WEB_DECISION__Maguire__Brendan___Boyle__Kevin_-_S_of_S_Decision.pdf-Boyle. The panel took further account of the Advice, which suggests that a prohibition ./_WEB_DECISION__Maguire__Brendan___Boyle__Kevin_-_S_of_S_Decision.pdf-order may be appropriate if certain behaviours of a teacher have been proven. In the list -- ./_WEB_DECISION__Maguire__Brendan___Boyle__Kevin_-_S_of_S_Decision.pdf-recommending no prohibition order is not a proportionate and appropriate response. ./_WEB_DECISION__Maguire__Brendan___Boyle__Kevin_-_S_of_S_Decision.pdf-Recommending that publication of adverse findings is sufficient in the case would ./_WEB_DECISION__Maguire__Brendan___Boyle__Kevin_-_S_of_S_Decision.pdf-unacceptably compromise the public interest considerations present in this case, despite ./_WEB_DECISION__Maguire__Brendan___Boyle__Kevin_-_S_of_S_Decision.pdf-the severity of consequences for the teacher of prohibition. ./_WEB_DECISION__Maguire__Brendan___Boyle__Kevin_-_S_of_S_Decision.pdf- ./_WEB_DECISION__Maguire__Brendan___Boyle__Kevin_-_S_of_S_Decision.pdf-The panel is of the view that prohibition is both proportionate and appropriate. We have ./_WEB_DECISION__Maguire__Brendan___Boyle__Kevin_-_S_of_S_Decision.pdf-decided that the public interest considerations outweigh the interests of Mr Boyle. ./_WEB_DECISION__Maguire__Brendan___Boyle__Kevin_-_S_of_S_Decision.pdf-Accordingly, the panel makes a recommendation to the Secretary of State that a ./_WEB_DECISION__Maguire__Brendan___Boyle__Kevin_-_S_of_S_Decision.pdf-prohibition order should be imposed with immediate effect. The facts are too serious for ./_WEB_DECISION__Maguire__Brendan___Boyle__Kevin_-_S_of_S_Decision.pdf-any other outcome in this case. Mr Boyle knew of the serious concerns of inappropriate ./_WEB_DECISION__Maguire__Brendan___Boyle__Kevin_-_S_of_S_Decision.pdf:sexual acts having taken place with a 14 year old vulnerable pupil and did not ensure ./_WEB_DECISION__Maguire__Brendan___Boyle__Kevin_-_S_of_S_Decision.pdf-appropriate action was taken. ./_WEB_DECISION__Maguire__Brendan___Boyle__Kevin_-_S_of_S_Decision.pdf- ./_WEB_DECISION__Maguire__Brendan___Boyle__Kevin_-_S_of_S_Decision.pdf-The panel went on to consider whether or not it would be appropriate for them to decide ./_WEB_DECISION__Maguire__Brendan___Boyle__Kevin_-_S_of_S_Decision.pdf-to recommend that a review period of the order should be considered. The panel was ./_WEB_DECISION__Maguire__Brendan___Boyle__Kevin_-_S_of_S_Decision.pdf-mindful that the Advice advises that a prohibition order applies for life, but there may be ./_WEB_DECISION__Maguire__Brendan___Boyle__Kevin_-_S_of_S_Decision.pdf-circumstances in any given case that may make it appropriate to allow a teacher to apply ./_WEB_DECISION__Maguire__Brendan___Boyle__Kevin_-_S_of_S_Decision.pdf-to have the prohibition order reviewed after a specified period of time that may not be ./_WEB_DECISION__Maguire__Brendan___Boyle__Kevin_-_S_of_S_Decision.pdf-less than two years. ./_WEB_DECISION__Maguire__Brendan___Boyle__Kevin_-_S_of_S_Decision.pdf- ./_WEB_DECISION__Maguire__Brendan___Boyle__Kevin_-_S_of_S_Decision.pdf-The Advice indicates that there are behaviours that, if proven, would militate against a -- ./_WEB_DECISION__Maguire__Brendan___Boyle__Kevin_-_S_of_S_Decision.pdf- ethics and behaviour, within and outside school, by: ./_WEB_DECISION__Maguire__Brendan___Boyle__Kevin_-_S_of_S_Decision.pdf- o having regard for the need to safeguard pupils’ well-being, in accordance with ./_WEB_DECISION__Maguire__Brendan___Boyle__Kevin_-_S_of_S_Decision.pdf- statutory provisions; ./_WEB_DECISION__Maguire__Brendan___Boyle__Kevin_-_S_of_S_Decision.pdf-  Teachers must have proper and professional regard for the ethos, policies and ./_WEB_DECISION__Maguire__Brendan___Boyle__Kevin_-_S_of_S_Decision.pdf- practices of the school in which they teach; ./_WEB_DECISION__Maguire__Brendan___Boyle__Kevin_-_S_of_S_Decision.pdf-  Teachers must have an understanding of, and always act within, the statutory ./_WEB_DECISION__Maguire__Brendan___Boyle__Kevin_-_S_of_S_Decision.pdf- frameworks which set out their professional duties and responsibilities. ./_WEB_DECISION__Maguire__Brendan___Boyle__Kevin_-_S_of_S_Decision.pdf-The findings of misconduct are particularly serious as they include a finding that Mr ./_WEB_DECISION__Maguire__Brendan___Boyle__Kevin_-_S_of_S_Decision.pdf-Maguire “failed to take any substantial action in relation to disclosure made to him of a ./_WEB_DECISION__Maguire__Brendan___Boyle__Kevin_-_S_of_S_Decision.pdf-safeguarding issue involving a 14 year old girl having allegedly been the victim of ./_WEB_DECISION__Maguire__Brendan___Boyle__Kevin_-_S_of_S_Decision.pdf:inappropriate sexual coercion involving her allegedly having been forced to undertake a ./_WEB_DECISION__Maguire__Brendan___Boyle__Kevin_-_S_of_S_Decision.pdf:sexual act against her wishes.” ./_WEB_DECISION__Maguire__Brendan___Boyle__Kevin_-_S_of_S_Decision.pdf- ./_WEB_DECISION__Maguire__Brendan___Boyle__Kevin_-_S_of_S_Decision.pdf-I have to determine whether the imposition of a prohibition order is proportionate and in ./_WEB_DECISION__Maguire__Brendan___Boyle__Kevin_-_S_of_S_Decision.pdf-the public interest. In considering that for the case of Mr Maguire I have considered the ./_WEB_DECISION__Maguire__Brendan___Boyle__Kevin_-_S_of_S_Decision.pdf-overall aim of a prohibition order which is to protect pupils and to maintain public ./_WEB_DECISION__Maguire__Brendan___Boyle__Kevin_-_S_of_S_Decision.pdf-confidence in the profession. I have considered the extent to which a prohibition order in ./_WEB_DECISION__Maguire__Brendan___Boyle__Kevin_-_S_of_S_Decision.pdf-this case would achieve that aim taking into account the impact that it will have on the ./_WEB_DECISION__Maguire__Brendan___Boyle__Kevin_-_S_of_S_Decision.pdf-individual teacher. I have also asked myself whether or not a less intrusive measure, ./_WEB_DECISION__Maguire__Brendan___Boyle__Kevin_-_S_of_S_Decision.pdf-such as the published finding of unacceptable professional conduct and conduct that may ./_WEB_DECISION__Maguire__Brendan___Boyle__Kevin_-_S_of_S_Decision.pdf-bring the profession into disrepute, would itself be sufficient to achieve the overall aim. I ./_WEB_DECISION__Maguire__Brendan___Boyle__Kevin_-_S_of_S_Decision.pdf-have to consider whether the consequences of such a publication are themselves -- ./_WEB_DECISION__Maguire__Brendan___Boyle__Kevin_-_S_of_S_Decision.pdf-  Teachers must have proper and professional regard for the ethos, policies and ./_WEB_DECISION__Maguire__Brendan___Boyle__Kevin_-_S_of_S_Decision.pdf- practices of the school in which they teach; ./_WEB_DECISION__Maguire__Brendan___Boyle__Kevin_-_S_of_S_Decision.pdf-  Teachers must have an understanding of, and always act within, the statutory ./_WEB_DECISION__Maguire__Brendan___Boyle__Kevin_-_S_of_S_Decision.pdf- frameworks which set out their professional duties and responsibilities. ./_WEB_DECISION__Maguire__Brendan___Boyle__Kevin_-_S_of_S_Decision.pdf-The findings of misconduct are particularly serious as they include a finding that Mr Boyle ./_WEB_DECISION__Maguire__Brendan___Boyle__Kevin_-_S_of_S_Decision.pdf-“failed to take any substantial action in relation to disclosure made to him of a ./_WEB_DECISION__Maguire__Brendan___Boyle__Kevin_-_S_of_S_Decision.pdf-safeguarding issue involving a 14 year old girl having allegedly been the victim of ./_WEB_DECISION__Maguire__Brendan___Boyle__Kevin_-_S_of_S_Decision.pdf:inappropriate sexual coercion involving her allegedly having been forced to undertake a ./_WEB_DECISION__Maguire__Brendan___Boyle__Kevin_-_S_of_S_Decision.pdf:sexual act against her wishes.” ./_WEB_DECISION__Maguire__Brendan___Boyle__Kevin_-_S_of_S_Decision.pdf- ./_WEB_DECISION__Maguire__Brendan___Boyle__Kevin_-_S_of_S_Decision.pdf-I have to determine whether the imposition of a prohibition order is proportionate and in ./_WEB_DECISION__Maguire__Brendan___Boyle__Kevin_-_S_of_S_Decision.pdf-the public interest. In considering that for the case of Mr Boyle I have considered the ./_WEB_DECISION__Maguire__Brendan___Boyle__Kevin_-_S_of_S_Decision.pdf-overall aim of a prohibition order which is to protect pupils and to maintain public ./_WEB_DECISION__Maguire__Brendan___Boyle__Kevin_-_S_of_S_Decision.pdf-confidence in the profession. I have considered the extent to which a prohibition order in ./_WEB_DECISION__Maguire__Brendan___Boyle__Kevin_-_S_of_S_Decision.pdf-this case would achieve that aim taking into account the impact that it will have on the ./_WEB_DECISION__Maguire__Brendan___Boyle__Kevin_-_S_of_S_Decision.pdf-individual teacher. I have also asked myself whether or not a less intrusive measure, ./_WEB_DECISION__Maguire__Brendan___Boyle__Kevin_-_S_of_S_Decision.pdf-such as the published finding of unacceptable professional conduct and conduct that may ./_WEB_DECISION__Maguire__Brendan___Boyle__Kevin_-_S_of_S_Decision.pdf-bring the profession into disrepute, would itself be sufficient to achieve the overall aim. I ./_WEB_DECISION__Maguire__Brendan___Boyle__Kevin_-_S_of_S_Decision.pdf-have to consider whether the consequences of such a publication are themselves -- ./_WEB_DECISION__Maguire__Brendan___Boyle__Kevin_-_S_of_S_Decision.pdf-citizen.” ./_WEB_DECISION__Maguire__Brendan___Boyle__Kevin_-_S_of_S_Decision.pdf- ./_WEB_DECISION__Maguire__Brendan___Boyle__Kevin_-_S_of_S_Decision.pdf-I have considered whether the publication of a finding of unacceptable professional ./_WEB_DECISION__Maguire__Brendan___Boyle__Kevin_-_S_of_S_Decision.pdf-conduct, in the absence of a prohibition order, can itself be regarded by such a person as ./_WEB_DECISION__Maguire__Brendan___Boyle__Kevin_-_S_of_S_Decision.pdf-being a proportionate response to the misconduct that has been found proven in this ./_WEB_DECISION__Maguire__Brendan___Boyle__Kevin_-_S_of_S_Decision.pdf-case. ./_WEB_DECISION__Maguire__Brendan___Boyle__Kevin_-_S_of_S_Decision.pdf- ./_WEB_DECISION__Maguire__Brendan___Boyle__Kevin_-_S_of_S_Decision.pdf-I have also considered the impact of a prohibition order on Mr Boyle himself. The panel ./_WEB_DECISION__Maguire__Brendan___Boyle__Kevin_-_S_of_S_Decision.pdf-set out that, “He has had an unblemished and outstanding career. “ That is true, but the ./_WEB_DECISION__Maguire__Brendan___Boyle__Kevin_-_S_of_S_Decision.pdf-panel go on to say that “The facts are too serious for any other outcome in this case. Mr ./_WEB_DECISION__Maguire__Brendan___Boyle__Kevin_-_S_of_S_Decision.pdf:Boyle knew of the serious concerns of inappropriate sexual acts having taken place with ./_WEB_DECISION__Maguire__Brendan___Boyle__Kevin_-_S_of_S_Decision.pdf-a 14 year old vulnerable pupil and did not ensure appropriate action was taken.” ./_WEB_DECISION__Maguire__Brendan___Boyle__Kevin_-_S_of_S_Decision.pdf- ./_WEB_DECISION__Maguire__Brendan___Boyle__Kevin_-_S_of_S_Decision.pdf-A prohibition order would prevent Mr Boyle from teaching and would also clearly deprive ./_WEB_DECISION__Maguire__Brendan___Boyle__Kevin_-_S_of_S_Decision.pdf-the public of his contribution to the profession for the period that it is in force. ./_WEB_DECISION__Maguire__Brendan___Boyle__Kevin_-_S_of_S_Decision.pdf- ./_WEB_DECISION__Maguire__Brendan___Boyle__Kevin_-_S_of_S_Decision.pdf-In this case I have placed considerable weight on the panel’s comments concerning the ./_WEB_DECISION__Maguire__Brendan___Boyle__Kevin_-_S_of_S_Decision.pdf-failure of Mr Boyle to ensure that appropriate action was taken. ./_WEB_DECISION__Maguire__Brendan___Boyle__Kevin_-_S_of_S_Decision.pdf- ./_WEB_DECISION__Maguire__Brendan___Boyle__Kevin_-_S_of_S_Decision.pdf-I have given less weight in my consideration of sanction therefore, to the contribution that ./_WEB_DECISION__Maguire__Brendan___Boyle__Kevin_-_S_of_S_Decision.pdf-Mr Boyle has made to the profession. In my view it is necessary to impose a prohibition ./_WEB_DECISION__Mr_Peter_Drake_-_SoS_Decision.pdf- ./_WEB_DECISION__Mr_Peter_Drake_-_SoS_Decision.pdf-It was alleged that Mr Drake was guilty of unacceptable professional conduct and/or ./_WEB_DECISION__Mr_Peter_Drake_-_SoS_Decision.pdf-conduct that may bring the profession into disrepute, in that, whilst employed as a ./_WEB_DECISION__Mr_Peter_Drake_-_SoS_Decision.pdf-teacher at the Queen Elizabeth High School: ./_WEB_DECISION__Mr_Peter_Drake_-_SoS_Decision.pdf- ./_WEB_DECISION__Mr_Peter_Drake_-_SoS_Decision.pdf- 1. He engaged in inappropriate use of school equipment on one or more ./_WEB_DECISION__Mr_Peter_Drake_-_SoS_Decision.pdf- occasions between February and May 2019, including by: ./_WEB_DECISION__Mr_Peter_Drake_-_SoS_Decision.pdf- ./_WEB_DECISION__Mr_Peter_Drake_-_SoS_Decision.pdf- a. making one or more internet searches for sexual material; ./_WEB_DECISION__Mr_Peter_Drake_-_SoS_Decision.pdf- ./_WEB_DECISION__Mr_Peter_Drake_-_SoS_Decision.pdf: b. accessing one or more pornographic websites, including on an occasion on ./_WEB_DECISION__Mr_Peter_Drake_-_SoS_Decision.pdf- or around 13 May 2019 during school hours and whilst on school premises; ./_WEB_DECISION__Mr_Peter_Drake_-_SoS_Decision.pdf- ./_WEB_DECISION__Mr_Peter_Drake_-_SoS_Decision.pdf: c. engaging in chat room activity that was of a sexual nature and/or related to ./_WEB_DECISION__Mr_Peter_Drake_-_SoS_Decision.pdf- a school environment; ./_WEB_DECISION__Mr_Peter_Drake_-_SoS_Decision.pdf- ./_WEB_DECISION__Mr_Peter_Drake_-_SoS_Decision.pdf: 2. His behaviour as may be found proven at 1 above was sexually motivated. ./_WEB_DECISION__Mr_Peter_Drake_-_SoS_Decision.pdf- ./_WEB_DECISION__Mr_Peter_Drake_-_SoS_Decision.pdf- ./_WEB_DECISION__Mr_Peter_Drake_-_SoS_Decision.pdf-Preliminary applications ./_WEB_DECISION__Mr_Peter_Drake_-_SoS_Decision.pdf-There were no preliminary applications. ./_WEB_DECISION__Mr_Peter_Drake_-_SoS_Decision.pdf- ./_WEB_DECISION__Mr_Peter_Drake_-_SoS_Decision.pdf- ./_WEB_DECISION__Mr_Peter_Drake_-_SoS_Decision.pdf-Summary of evidence ./_WEB_DECISION__Mr_Peter_Drake_-_SoS_Decision.pdf-Documents ./_WEB_DECISION__Mr_Peter_Drake_-_SoS_Decision.pdf- ./_WEB_DECISION__Mr_Peter_Drake_-_SoS_Decision.pdf-In advance of the meeting, the panel received a bundle of documents, which included: -- ./_WEB_DECISION__Mr_Peter_Drake_-_SoS_Decision.pdf-Mr Drake admitted that he undertook a number of searches using various sexual terms, ./_WEB_DECISION__Mr_Peter_Drake_-_SoS_Decision.pdf-examples of which were included in his signed statement of agreed and disputed facts ./_WEB_DECISION__Mr_Peter_Drake_-_SoS_Decision.pdf-("the Statement"). ./_WEB_DECISION__Mr_Peter_Drake_-_SoS_Decision.pdf- ./_WEB_DECISION__Mr_Peter_Drake_-_SoS_Decision.pdf-Given the clear and consistent evidence before the panel, it accepted Mr Drake's ./_WEB_DECISION__Mr_Peter_Drake_-_SoS_Decision.pdf-admissions and found the facts of allegation 1(a) proved. There was clear evidence to ./_WEB_DECISION__Mr_Peter_Drake_-_SoS_Decision.pdf-support the fact that these internet searches were undertaken, which Mr Drake fully ./_WEB_DECISION__Mr_Peter_Drake_-_SoS_Decision.pdf-admitted. Mr Drake should not have behaved in this manner and this certainly amounted ./_WEB_DECISION__Mr_Peter_Drake_-_SoS_Decision.pdf-to an inappropriate use of the School's equipment. ./_WEB_DECISION__Mr_Peter_Drake_-_SoS_Decision.pdf- ./_WEB_DECISION__Mr_Peter_Drake_-_SoS_Decision.pdf: b. accessing one or more pornographic websites, including on an ./_WEB_DECISION__Mr_Peter_Drake_-_SoS_Decision.pdf- occasion on or around 13 May 2019 during school hours and whilst on ./_WEB_DECISION__Mr_Peter_Drake_-_SoS_Decision.pdf- school premises; ./_WEB_DECISION__Mr_Peter_Drake_-_SoS_Decision.pdf- ./_WEB_DECISION__Mr_Peter_Drake_-_SoS_Decision.pdf-Mr Drake admitted the facts of allegation 1(b). ./_WEB_DECISION__Mr_Peter_Drake_-_SoS_Decision.pdf- ./_WEB_DECISION__Mr_Peter_Drake_-_SoS_Decision.pdf:He accepted that, on 13 May 2019, he accessed more than one pornographic webpages ./_WEB_DECISION__Mr_Peter_Drake_-_SoS_Decision.pdf-and that he did so: ./_WEB_DECISION__Mr_Peter_Drake_-_SoS_Decision.pdf- ./_WEB_DECISION__Mr_Peter_Drake_-_SoS_Decision.pdf- • using his school laptop; ./_WEB_DECISION__Mr_Peter_Drake_-_SoS_Decision.pdf- • during school hours; and ./_WEB_DECISION__Mr_Peter_Drake_-_SoS_Decision.pdf- • whilst on school premises. ./_WEB_DECISION__Mr_Peter_Drake_-_SoS_Decision.pdf- ./_WEB_DECISION__Mr_Peter_Drake_-_SoS_Decision.pdf-The panel was presented with a copy of Mr Drake's timetable, which corroborated his ./_WEB_DECISION__Mr_Peter_Drake_-_SoS_Decision.pdf-usage at these times. ./_WEB_DECISION__Mr_Peter_Drake_-_SoS_Decision.pdf- ./_WEB_DECISION__Mr_Peter_Drake_-_SoS_Decision.pdf-The panel concluded that the evidence before it was consistent with Mr Drake's -- ./_WEB_DECISION__Mr_Peter_Drake_-_SoS_Decision.pdf: c. engaging in chat room activity that was of a sexual nature and/or ./_WEB_DECISION__Mr_Peter_Drake_-_SoS_Decision.pdf- related to a school environment; ./_WEB_DECISION__Mr_Peter_Drake_-_SoS_Decision.pdf- ./_WEB_DECISION__Mr_Peter_Drake_-_SoS_Decision.pdf-Mr Drake admitted the facts of allegation 1(c). ./_WEB_DECISION__Mr_Peter_Drake_-_SoS_Decision.pdf- ./_WEB_DECISION__Mr_Peter_Drake_-_SoS_Decision.pdf-He accepted that, on 12 May 2019, he used his school laptop to engage in chat room ./_WEB_DECISION__Mr_Peter_Drake_-_SoS_Decision.pdf-activity on a website entitled 'playnaughty.com'. He accepted that this activity was of a ./_WEB_DECISION__Mr_Peter_Drake_-_SoS_Decision.pdf:sexual nature and related to a school environment. ./_WEB_DECISION__Mr_Peter_Drake_-_SoS_Decision.pdf- ./_WEB_DECISION__Mr_Peter_Drake_-_SoS_Decision.pdf-Specifically, Mr Drake admitted that he sent a number of messages to a user called ./_WEB_DECISION__Mr_Peter_Drake_-_SoS_Decision.pdf-'wantedlady12', including comments such as: ./_WEB_DECISION__Mr_Peter_Drake_-_SoS_Decision.pdf- ./_WEB_DECISION__Mr_Peter_Drake_-_SoS_Decision.pdf- • "I see. And does your lover like you shaved like a schoolgirl." ./_WEB_DECISION__Mr_Peter_Drake_-_SoS_Decision.pdf- ./_WEB_DECISION__Mr_Peter_Drake_-_SoS_Decision.pdf-Mr Drake also admitted sending messages to another user called 'docetteen', advertised ./_WEB_DECISION__Mr_Peter_Drake_-_SoS_Decision.pdf:to be aged 19, including numerous comments describing a specific, overtly sexual ./_WEB_DECISION__Mr_Peter_Drake_-_SoS_Decision.pdf:fantasy and sexual activity. Some messages related to a school environment, such as: ./_WEB_DECISION__Mr_Peter_Drake_-_SoS_Decision.pdf- ./_WEB_DECISION__Mr_Peter_Drake_-_SoS_Decision.pdf- • A message from Mr Drake stating "You are 15", to which the other user ./_WEB_DECISION__Mr_Peter_Drake_-_SoS_Decision.pdf- replies "no sir im 14 I will be 15 in 3 months" (sic). ./_WEB_DECISION__Mr_Peter_Drake_-_SoS_Decision.pdf- ./_WEB_DECISION__Mr_Peter_Drake_-_SoS_Decision.pdf- • "I have lots of scenarios – you want the role of a younger girl for an older ./_WEB_DECISION__Mr_Peter_Drake_-_SoS_Decision.pdf- man or something you would like to put forward to me?" ./_WEB_DECISION__Mr_Peter_Drake_-_SoS_Decision.pdf- ./_WEB_DECISION__Mr_Peter_Drake_-_SoS_Decision.pdf-Given the clear evidence before the panel, it accepted Mr Drake's admissions. The ./_WEB_DECISION__Mr_Peter_Drake_-_SoS_Decision.pdf-messages themselves were included in evidence and Mr Drake accepted that he was the ./_WEB_DECISION__Mr_Peter_Drake_-_SoS_Decision.pdf-author. ./_WEB_DECISION__Mr_Peter_Drake_-_SoS_Decision.pdf- ./_WEB_DECISION__Mr_Peter_Drake_-_SoS_Decision.pdf:This was, clearly, conduct that was of a sexual nature, given the content. Mr Drake made ./_WEB_DECISION__Mr_Peter_Drake_-_SoS_Decision.pdf:numerous, overtly sexual comments whilst engaging in this activity. ./_WEB_DECISION__Mr_Peter_Drake_-_SoS_Decision.pdf- ./_WEB_DECISION__Mr_Peter_Drake_-_SoS_Decision.pdf-It was also the case that, at least to some extent, Mr Drake engaged in role-play ./_WEB_DECISION__Mr_Peter_Drake_-_SoS_Decision.pdf-scenarios related to a school environment. ./_WEB_DECISION__Mr_Peter_Drake_-_SoS_Decision.pdf- ./_WEB_DECISION__Mr_Peter_Drake_-_SoS_Decision.pdf-Finally, this was a clear instance of an inappropriate use of the School's equipment. ./_WEB_DECISION__Mr_Peter_Drake_-_SoS_Decision.pdf- ./_WEB_DECISION__Mr_Peter_Drake_-_SoS_Decision.pdf-The Committee therefore found the facts of allegation 1(c) proved. ./_WEB_DECISION__Mr_Peter_Drake_-_SoS_Decision.pdf- ./_WEB_DECISION__Mr_Peter_Drake_-_SoS_Decision.pdf:2. Your behaviour as may be found proven at 1 above was sexually motivated. ./_WEB_DECISION__Mr_Peter_Drake_-_SoS_Decision.pdf- ./_WEB_DECISION__Mr_Peter_Drake_-_SoS_Decision.pdf-Having found the facts of allegations 1(a) to 1(c) proved, the panel went on to determine ./_WEB_DECISION__Mr_Peter_Drake_-_SoS_Decision.pdf:whether Mr Drake's conduct in relation to those allegations was sexually motivated. ./_WEB_DECISION__Mr_Peter_Drake_-_SoS_Decision.pdf- ./_WEB_DECISION__Mr_Peter_Drake_-_SoS_Decision.pdf:As Mr Drake readily accepted, this was conduct of a clearly sexual nature. The panel's ./_WEB_DECISION__Mr_Peter_Drake_-_SoS_Decision.pdf-findings in relation to these allegations were such that Mr Drake had accessed ./_WEB_DECISION__Mr_Peter_Drake_-_SoS_Decision.pdf- ./_WEB_DECISION__Mr_Peter_Drake_-_SoS_Decision.pdf- ./_WEB_DECISION__Mr_Peter_Drake_-_SoS_Decision.pdf- ./_WEB_DECISION__Mr_Peter_Drake_-_SoS_Decision.pdf- 7 ./_WEB_DECISION__Mr_Peter_Drake_-_SoS_Decision.pdf- -- ./_WEB_DECISION__Mr_Peter_Drake_-_SoS_Decision.pdf:pornographic websites, undertaken searches for sexually explicit terms and engaged in ./_WEB_DECISION__Mr_Peter_Drake_-_SoS_Decision.pdf:chat room activity that was overtly sexual. ./_WEB_DECISION__Mr_Peter_Drake_-_SoS_Decision.pdf- ./_WEB_DECISION__Mr_Peter_Drake_-_SoS_Decision.pdf-The only appropriate conclusion, given the circumstances, was that Mr Drake was ./_WEB_DECISION__Mr_Peter_Drake_-_SoS_Decision.pdf:sexually motivated, which he admitted. The panel concluded that the reasonable and ./_WEB_DECISION__Mr_Peter_Drake_-_SoS_Decision.pdf-common sense inference to draw was that Mr Drake was, by his actions, motivated by a ./_WEB_DECISION__Mr_Peter_Drake_-_SoS_Decision.pdf:desire to derive sexual gratification from his behaviour. ./_WEB_DECISION__Mr_Peter_Drake_-_SoS_Decision.pdf- ./_WEB_DECISION__Mr_Peter_Drake_-_SoS_Decision.pdf-On that basis and in light of Mr Drake's admission, the panel found allegation 2 proved. ./_WEB_DECISION__Mr_Peter_Drake_-_SoS_Decision.pdf- ./_WEB_DECISION__Mr_Peter_Drake_-_SoS_Decision.pdf-Findings as to unacceptable professional conduct and/or conduct that ./_WEB_DECISION__Mr_Peter_Drake_-_SoS_Decision.pdf-may bring the profession into disrepute ./_WEB_DECISION__Mr_Peter_Drake_-_SoS_Decision.pdf- ./_WEB_DECISION__Mr_Peter_Drake_-_SoS_Decision.pdf-Having found the allegations proved, the panel went on to consider whether the facts of ./_WEB_DECISION__Mr_Peter_Drake_-_SoS_Decision.pdf-those proved allegations amounted to unacceptable professional conduct and/or conduct ./_WEB_DECISION__Mr_Peter_Drake_-_SoS_Decision.pdf-that may bring the profession into disrepute. Mr Drake admitted both aspects. Whilst the ./_WEB_DECISION__Mr_Peter_Drake_-_SoS_Decision.pdf-panel took these admissions into account, it made its own judgment as to whether the -- ./_WEB_DECISION__Mr_Peter_Drake_-_SoS_Decision.pdf- ▪ Teachers must have proper and professional regard for the ethos, policies and ./_WEB_DECISION__Mr_Peter_Drake_-_SoS_Decision.pdf- practices of the school in which they teach. ./_WEB_DECISION__Mr_Peter_Drake_-_SoS_Decision.pdf- ./_WEB_DECISION__Mr_Peter_Drake_-_SoS_Decision.pdf-The panel also considered whether Mr Drake's conduct displayed behaviours associated ./_WEB_DECISION__Mr_Peter_Drake_-_SoS_Decision.pdf-with any of the offences listed on pages 10 and 11 of the Advice. ./_WEB_DECISION__Mr_Peter_Drake_-_SoS_Decision.pdf- ./_WEB_DECISION__Mr_Peter_Drake_-_SoS_Decision.pdf-The Advice indicates that where behaviours associated with such an offence exist, a ./_WEB_DECISION__Mr_Peter_Drake_-_SoS_Decision.pdf-panel is likely to conclude that an individual’s conduct would amount to unacceptable ./_WEB_DECISION__Mr_Peter_Drake_-_SoS_Decision.pdf-professional conduct. ./_WEB_DECISION__Mr_Peter_Drake_-_SoS_Decision.pdf- ./_WEB_DECISION__Mr_Peter_Drake_-_SoS_Decision.pdf:The panel found that none of these offences was relevant. Whilst the offence of sexual ./_WEB_DECISION__Mr_Peter_Drake_-_SoS_Decision.pdf-activity was broadly relevant, the panel had in mind that Mr Drake had not committed a ./_WEB_DECISION__Mr_Peter_Drake_-_SoS_Decision.pdf-criminal offence. However, although there was no evidence to suggest that any of the ./_WEB_DECISION__Mr_Peter_Drake_-_SoS_Decision.pdf-sites accessed were illegal, aspects of his behaviour remained extremely concerning, ./_WEB_DECISION__Mr_Peter_Drake_-_SoS_Decision.pdf-particularly given his professional status. ./_WEB_DECISION__Mr_Peter_Drake_-_SoS_Decision.pdf- ./_WEB_DECISION__Mr_Peter_Drake_-_SoS_Decision.pdf- ./_WEB_DECISION__Mr_Peter_Drake_-_SoS_Decision.pdf- ./_WEB_DECISION__Mr_Peter_Drake_-_SoS_Decision.pdf- ./_WEB_DECISION__Mr_Peter_Drake_-_SoS_Decision.pdf- 8 ./_WEB_DECISION__Mr_Peter_Drake_-_SoS_Decision.pdf- -- ./_WEB_DECISION__Mr_Peter_Drake_-_SoS_Decision.pdf:pupils could have seen the pornographic webpages. This was, in the panel's view, a ./_WEB_DECISION__Mr_Peter_Drake_-_SoS_Decision.pdf-serious failing on his part. Had this risk materialised, pupils could have been detrimentally ./_WEB_DECISION__Mr_Peter_Drake_-_SoS_Decision.pdf-affected. ./_WEB_DECISION__Mr_Peter_Drake_-_SoS_Decision.pdf- ./_WEB_DECISION__Mr_Peter_Drake_-_SoS_Decision.pdf-It was also an aggravating feature that this behaviour meant that Mr Drake was, albeit to ./_WEB_DECISION__Mr_Peter_Drake_-_SoS_Decision.pdf-a limited extent, engaging in such activities at a time when he was being paid to perform ./_WEB_DECISION__Mr_Peter_Drake_-_SoS_Decision.pdf-his duties as a teacher. This, coupled with the use of a school laptop, meant that Mr ./_WEB_DECISION__Mr_Peter_Drake_-_SoS_Decision.pdf-Drake had abused the trust placed in him by the School. ./_WEB_DECISION__Mr_Peter_Drake_-_SoS_Decision.pdf- ./_WEB_DECISION__Mr_Peter_Drake_-_SoS_Decision.pdf-In relation to allegations 1(a) and 1(c), the conduct found proven did not take place on ./_WEB_DECISION__Mr_Peter_Drake_-_SoS_Decision.pdf-the School's premises. However, the panel was nevertheless satisfied that it was relevant ./_WEB_DECISION__Mr_Peter_Drake_-_SoS_Decision.pdf-to the way Mr Drake could have been perceived as fulfilling his teaching duties. It ./_WEB_DECISION__Mr_Peter_Drake_-_SoS_Decision.pdf-involved the use of school equipment for a purpose way beyond its intended use and in ./_WEB_DECISION__Mr_Peter_Drake_-_SoS_Decision.pdf-breach of the Policy. It could, potentially, have led to pupils being exposed to or ./_WEB_DECISION__Mr_Peter_Drake_-_SoS_Decision.pdf-influenced by the behaviour in a harmful way. ./_WEB_DECISION__Mr_Peter_Drake_-_SoS_Decision.pdf- ./_WEB_DECISION__Mr_Peter_Drake_-_SoS_Decision.pdf-The panel also considered the fact that Mr Drake had engaged with unknown persons in ./_WEB_DECISION__Mr_Peter_Drake_-_SoS_Decision.pdf:chat rooms in an explicitly sexual manner. Such conduct, in the panel's view, presents a ./_WEB_DECISION__Mr_Peter_Drake_-_SoS_Decision.pdf-risk for someone of Mr Drake's status. His conduct, in relation to each of the allegations, ./_WEB_DECISION__Mr_Peter_Drake_-_SoS_Decision.pdf-was ill-advised and, in the panel's view, displayed a concerning lack of judgment and ./_WEB_DECISION__Mr_Peter_Drake_-_SoS_Decision.pdf-professionalism. ./_WEB_DECISION__Mr_Peter_Drake_-_SoS_Decision.pdf- ./_WEB_DECISION__Mr_Peter_Drake_-_SoS_Decision.pdf-Accordingly, the panel was satisfied that Mr Drake was guilty of unacceptable ./_WEB_DECISION__Mr_Peter_Drake_-_SoS_Decision.pdf-professional conduct. ./_WEB_DECISION__Mr_Peter_Drake_-_SoS_Decision.pdf- ./_WEB_DECISION__Mr_Peter_Drake_-_SoS_Decision.pdf-In considering whether Mr Drake's conduct was such that it may bring the profession into ./_WEB_DECISION__Mr_Peter_Drake_-_SoS_Decision.pdf-disrepute, the panel took into account the way the teaching profession is viewed by ./_WEB_DECISION__Mr_Peter_Drake_-_SoS_Decision.pdf-others and considered the influence that teachers may have on pupils, parents and -- ./_WEB_DECISION__Mr_Peter_Drake_-_SoS_Decision.pdf-In carrying out the balancing exercise, the panel had regard to the public interest ./_WEB_DECISION__Mr_Peter_Drake_-_SoS_Decision.pdf-considerations both in favour of, and against, prohibition as well as the interests of Mr ./_WEB_DECISION__Mr_Peter_Drake_-_SoS_Decision.pdf-Drake. The panel took further account of the Advice, which suggests that a prohibition ./_WEB_DECISION__Mr_Peter_Drake_-_SoS_Decision.pdf-order may be appropriate if certain behaviours of a teacher have been proved. ./_WEB_DECISION__Mr_Peter_Drake_-_SoS_Decision.pdf- ./_WEB_DECISION__Mr_Peter_Drake_-_SoS_Decision.pdf-In the list of such behaviours, those that are relevant in this case are: ./_WEB_DECISION__Mr_Peter_Drake_-_SoS_Decision.pdf- ./_WEB_DECISION__Mr_Peter_Drake_-_SoS_Decision.pdf- ▪ serious departure from the personal and professional conduct elements of the ./_WEB_DECISION__Mr_Peter_Drake_-_SoS_Decision.pdf- Teachers’ Standards; and ./_WEB_DECISION__Mr_Peter_Drake_-_SoS_Decision.pdf- ./_WEB_DECISION__Mr_Peter_Drake_-_SoS_Decision.pdf: ▪ sexual misconduct, for example, involving actions that were sexually motivated or ./_WEB_DECISION__Mr_Peter_Drake_-_SoS_Decision.pdf: of a sexual nature. ./_WEB_DECISION__Mr_Peter_Drake_-_SoS_Decision.pdf- ./_WEB_DECISION__Mr_Peter_Drake_-_SoS_Decision.pdf-Even though some of the behaviour found proved in this case indicated that a prohibition ./_WEB_DECISION__Mr_Peter_Drake_-_SoS_Decision.pdf-order would be appropriate, the panel went on to consider the mitigating factors. ./_WEB_DECISION__Mr_Peter_Drake_-_SoS_Decision.pdf-Mitigating factors may indicate that a prohibition order would not be appropriate or ./_WEB_DECISION__Mr_Peter_Drake_-_SoS_Decision.pdf-proportionate. ./_WEB_DECISION__Mr_Peter_Drake_-_SoS_Decision.pdf- ./_WEB_DECISION__Mr_Peter_Drake_-_SoS_Decision.pdf-The panel considered the following mitigating factors were present in this case: ./_WEB_DECISION__Mr_Peter_Drake_-_SoS_Decision.pdf- ./_WEB_DECISION__Mr_Peter_Drake_-_SoS_Decision.pdf- • Mr Drake was an experienced teacher who had an otherwise good record. He had ./_WEB_DECISION__Mr_Peter_Drake_-_SoS_Decision.pdf- not been subject to any previous regulatory or disciplinary proceedings. -- ./_WEB_DECISION__Mr_Peter_Drake_-_SoS_Decision.pdf- • Mr Drake was in a position of responsibility and had an obligation to act as a role ./_WEB_DECISION__Mr_Peter_Drake_-_SoS_Decision.pdf- model. He failed in his duties in that regard. ./_WEB_DECISION__Mr_Peter_Drake_-_SoS_Decision.pdf- ./_WEB_DECISION__Mr_Peter_Drake_-_SoS_Decision.pdf- • Mr Drake's actions amounted to a clear breach of the Teachers' Standards. ./_WEB_DECISION__Mr_Peter_Drake_-_SoS_Decision.pdf- ./_WEB_DECISION__Mr_Peter_Drake_-_SoS_Decision.pdf: • This was conduct of a sexual nature and Mr Drake was motivated by a desire to ./_WEB_DECISION__Mr_Peter_Drake_-_SoS_Decision.pdf: seek sexual gratification. ./_WEB_DECISION__Mr_Peter_Drake_-_SoS_Decision.pdf- ./_WEB_DECISION__Mr_Peter_Drake_-_SoS_Decision.pdf- • In the panel's view, Mr Drake had shown only limited insight. For example, there ./_WEB_DECISION__Mr_Peter_Drake_-_SoS_Decision.pdf- was limited reference to what lessons he had learnt and what he would do ./_WEB_DECISION__Mr_Peter_Drake_-_SoS_Decision.pdf- differently. ./_WEB_DECISION__Mr_Peter_Drake_-_SoS_Decision.pdf- ./_WEB_DECISION__Mr_Peter_Drake_-_SoS_Decision.pdf- • His conduct had an impact upon the School and he had presented a risk of harm ./_WEB_DECISION__Mr_Peter_Drake_-_SoS_Decision.pdf- to pupils. ./_WEB_DECISION__Mr_Peter_Drake_-_SoS_Decision.pdf- ./_WEB_DECISION__Mr_Peter_Drake_-_SoS_Decision.pdf-The panel first considered whether it would be proportionate to conclude this case with ./_WEB_DECISION__Mr_Peter_Drake_-_SoS_Decision.pdf-no recommendation of prohibition, considering whether the publication of the findings -- ./_WEB_DECISION__Mr_Peter_Drake_-_SoS_Decision.pdf- ethics and behaviour, within and outside school. ./_WEB_DECISION__Mr_Peter_Drake_-_SoS_Decision.pdf- ./_WEB_DECISION__Mr_Peter_Drake_-_SoS_Decision.pdf- ▪ Teachers must have proper and professional regard for the ethos, policies and ./_WEB_DECISION__Mr_Peter_Drake_-_SoS_Decision.pdf- practices of the school in which they teach. ./_WEB_DECISION__Mr_Peter_Drake_-_SoS_Decision.pdf- ./_WEB_DECISION__Mr_Peter_Drake_-_SoS_Decision.pdf-The panel finds that the conduct of Mr Drake fell significantly short of the standards ./_WEB_DECISION__Mr_Peter_Drake_-_SoS_Decision.pdf-expected of the profession. ./_WEB_DECISION__Mr_Peter_Drake_-_SoS_Decision.pdf- ./_WEB_DECISION__Mr_Peter_Drake_-_SoS_Decision.pdf-The findings of misconduct are particularly serious as they include a finding of ./_WEB_DECISION__Mr_Peter_Drake_-_SoS_Decision.pdf-inappropriate use of school equipment, internet searches for sexual material, accessing ./_WEB_DECISION__Mr_Peter_Drake_-_SoS_Decision.pdf:pornographic websites, engaging in chat room activity, behaviour found to be sexually ./_WEB_DECISION__Mr_Peter_Drake_-_SoS_Decision.pdf-motivated. ./_WEB_DECISION__Mr_Peter_Drake_-_SoS_Decision.pdf- ./_WEB_DECISION__Mr_Peter_Drake_-_SoS_Decision.pdf-I have to determine whether the imposition of a prohibition order is proportionate and in ./_WEB_DECISION__Mr_Peter_Drake_-_SoS_Decision.pdf-the public interest. In considering that for this case, I have considered the overall aim of a ./_WEB_DECISION__Mr_Peter_Drake_-_SoS_Decision.pdf-prohibition order which is to protect pupils and to maintain public confidence in the ./_WEB_DECISION__Mr_Peter_Drake_-_SoS_Decision.pdf-profession. I have considered the extent to which a prohibition order in this case would ./_WEB_DECISION__Mr_Peter_Drake_-_SoS_Decision.pdf-achieve that aim taking into account the impact that it will have on the individual teacher. ./_WEB_DECISION__Mr_Peter_Drake_-_SoS_Decision.pdf-I have also asked myself, whether a less intrusive measure, such as the published ./_WEB_DECISION__Mr_Peter_Drake_-_SoS_Decision.pdf- ./_WEB_DECISION__Mr_Peter_Drake_-_SoS_Decision.pdf- -- ./_WEB_DECISION__Mr_Peter_Drake_-_SoS_Decision.pdf-finding of unacceptable professional conduct and conduct that may bring the profession ./_WEB_DECISION__Mr_Peter_Drake_-_SoS_Decision.pdf-into disrepute, would itself be sufficient to achieve the overall aim. I have to consider ./_WEB_DECISION__Mr_Peter_Drake_-_SoS_Decision.pdf-whether the consequences of such a publication are themselves sufficient. I have ./_WEB_DECISION__Mr_Peter_Drake_-_SoS_Decision.pdf-considered therefore whether or not prohibiting Mr Drake, and the impact that will have ./_WEB_DECISION__Mr_Peter_Drake_-_SoS_Decision.pdf-on him, is proportionate and in the public interest. ./_WEB_DECISION__Mr_Peter_Drake_-_SoS_Decision.pdf- ./_WEB_DECISION__Mr_Peter_Drake_-_SoS_Decision.pdf-In this case, I have considered the extent to which a prohibition order would protect ./_WEB_DECISION__Mr_Peter_Drake_-_SoS_Decision.pdf-children. The panel has observed, “Mr Drake acknowledged that when accessing the ./_WEB_DECISION__Mr_Peter_Drake_-_SoS_Decision.pdf-sites in question, he was in the proximity of pupils and there was a risk that pupils could ./_WEB_DECISION__Mr_Peter_Drake_-_SoS_Decision.pdf:have seen the pornographic webpages. This was, in the panel's view, a serious failing on ./_WEB_DECISION__Mr_Peter_Drake_-_SoS_Decision.pdf-his part. Had this risk materialised, pupils could have been detrimentally affected”. A ./_WEB_DECISION__Mr_Peter_Drake_-_SoS_Decision.pdf-prohibition order would therefore prevent such a risk from being present in the future. ./_WEB_DECISION__Mr_Peter_Drake_-_SoS_Decision.pdf- ./_WEB_DECISION__Mr_Peter_Drake_-_SoS_Decision.pdf-I have also taken into account the panel’s comments on insight and remorse, which the ./_WEB_DECISION__Mr_Peter_Drake_-_SoS_Decision.pdf-panel sets out as follows, “In the panel's view, Mr Drake had shown only limited insight. ./_WEB_DECISION__Mr_Peter_Drake_-_SoS_Decision.pdf-For example, there was limited reference to what lessons he had learnt and what he ./_WEB_DECISION__Mr_Peter_Drake_-_SoS_Decision.pdf-would do differently.” In my judgment, the lack of insight means that there is some risk of ./_WEB_DECISION__Mr_Peter_Drake_-_SoS_Decision.pdf-the repetition of this behaviour and this puts at risk. I have therefore given this element ./_WEB_DECISION__Mr_Peter_Drake_-_SoS_Decision.pdf-considerable weight in reaching my decision. ./_WEB_DECISION__Mr_Peter_Drake_-_SoS_Decision.pdf- -- ./_WEB_DECISION__Mr_Peter_Drake_-_SoS_Decision.pdf-would allow Mr Drake to have an opportunity to reflect on the panel's findings and, finally, ./_WEB_DECISION__Mr_Peter_Drake_-_SoS_Decision.pdf-gain insight into the nature and implications of his actions. It would also afford him the ./_WEB_DECISION__Mr_Peter_Drake_-_SoS_Decision.pdf-opportunity to rehabilitate from his self-declared addiction and to demonstrate that he has ./_WEB_DECISION__Mr_Peter_Drake_-_SoS_Decision.pdf-done so”. ./_WEB_DECISION__Mr_Peter_Drake_-_SoS_Decision.pdf- ./_WEB_DECISION__Mr_Peter_Drake_-_SoS_Decision.pdf-I have considered whether a 2 year review period reflects the seriousness of the findings ./_WEB_DECISION__Mr_Peter_Drake_-_SoS_Decision.pdf-and is a proportionate period to achieve the aim of maintaining public confidence in the ./_WEB_DECISION__Mr_Peter_Drake_-_SoS_Decision.pdf-profession. In this case, a number of factors mean that a 2 year review period is not ./_WEB_DECISION__Mr_Peter_Drake_-_SoS_Decision.pdf-sufficient to achieve the aim of maintaining public confidence in the profession. These ./_WEB_DECISION__Mr_Peter_Drake_-_SoS_Decision.pdf-elements are the extent of insight or remorse shown given Mr Drakes long service and ./_WEB_DECISION__Mr_Peter_Drake_-_SoS_Decision.pdf:the potential risk to pupils accessing pornographic material on school equipment, which ./_WEB_DECISION__Mr_Peter_Drake_-_SoS_Decision.pdf:was found to be sexually motivated. ./_WEB_DECISION__Mr_Peter_Drake_-_SoS_Decision.pdf- ./_WEB_DECISION__Mr_Peter_Drake_-_SoS_Decision.pdf- 17 ./_WEB_DECISION__Mr_Peter_Drake_-_SoS_Decision.pdf- ./_WEB_DECISION__OFFICIAL_SENSITIVE_-_Glenn__Richard_-_SoS_Decision.pdf-by the trip company, and notes from the school’s disciplinary process. On the balance of ./_WEB_DECISION__OFFICIAL_SENSITIVE_-_Glenn__Richard_-_SoS_Decision.pdf-probabilities the panel found the allegation to be proved. ./_WEB_DECISION__OFFICIAL_SENSITIVE_-_Glenn__Richard_-_SoS_Decision.pdf- ./_WEB_DECISION__OFFICIAL_SENSITIVE_-_Glenn__Richard_-_SoS_Decision.pdf- c. taking one or more pupils to a strip club; ./_WEB_DECISION__OFFICIAL_SENSITIVE_-_Glenn__Richard_-_SoS_Decision.pdf- ./_WEB_DECISION__OFFICIAL_SENSITIVE_-_Glenn__Richard_-_SoS_Decision.pdf-The allegation was admitted and was supported by evidence presented to the panel, ./_WEB_DECISION__OFFICIAL_SENSITIVE_-_Glenn__Richard_-_SoS_Decision.pdf-notably the statement of agreed facts signed by Mr Glenn, as well as Mr Glenn’s own ./_WEB_DECISION__OFFICIAL_SENSITIVE_-_Glenn__Richard_-_SoS_Decision.pdf-further written accounts, the written statement of the trip leader, notes from the school’s ./_WEB_DECISION__OFFICIAL_SENSITIVE_-_Glenn__Richard_-_SoS_Decision.pdf-disciplinary process, and photographic evidence submitted by the trip leader of drink ./_WEB_DECISION__OFFICIAL_SENSITIVE_-_Glenn__Richard_-_SoS_Decision.pdf-tickets obtained at the club. The panel noted that it was agreed between the parties that ./_WEB_DECISION__OFFICIAL_SENSITIVE_-_Glenn__Richard_-_SoS_Decision.pdf:there was no malice or sexual intent on the part of Mr Glenn in taking the students to the ./_WEB_DECISION__OFFICIAL_SENSITIVE_-_Glenn__Richard_-_SoS_Decision.pdf-venue in question, but Mr Glenn admits that it was inappropriate and unprofessional for ./_WEB_DECISION__OFFICIAL_SENSITIVE_-_Glenn__Richard_-_SoS_Decision.pdf-him to fail to control the situation by allowing students to attend the venue. On the ./_WEB_DECISION__OFFICIAL_SENSITIVE_-_Glenn__Richard_-_SoS_Decision.pdf-balance of probabilities, the allegation was therefore found proved. ./_WEB_DECISION__OFFICIAL_SENSITIVE_-_Glenn__Richard_-_SoS_Decision.pdf- ./_WEB_DECISION__OFFICIAL_SENSITIVE_-_Glenn__Richard_-_SoS_Decision.pdf- d. allowing one or more pupils to consume alcohol when they were under ./_WEB_DECISION__OFFICIAL_SENSITIVE_-_Glenn__Richard_-_SoS_Decision.pdf- the legal age; ./_WEB_DECISION__OFFICIAL_SENSITIVE_-_Glenn__Richard_-_SoS_Decision.pdf- ./_WEB_DECISION__OFFICIAL_SENSITIVE_-_Glenn__Richard_-_SoS_Decision.pdf-The allegation was admitted and was supported by evidence presented to the panel, ./_WEB_DECISION__OFFICIAL_SENSITIVE_-_Glenn__Richard_-_SoS_Decision.pdf-including the statement of agreed facts signed by Mr Glenn, the witness statement of the ./_WEB_DECISION__OFFICIAL_SENSITIVE_-_Glenn__Richard_-_SoS_Decision.pdf-trip leader and notes from the school’s disciplinary process. Mr Glenn acknowledges that -- ./_WEB_DECISION__OFFICIAL_SENSITIVE_-_Glenn__Richard_-_SoS_Decision.pdf-did not have the opportunity to test the evidence of the trip leader. After careful ./_WEB_DECISION__OFFICIAL_SENSITIVE_-_Glenn__Richard_-_SoS_Decision.pdf-consideration, the panel decided that the incident as alleged was more likely than not to ./_WEB_DECISION__OFFICIAL_SENSITIVE_-_Glenn__Richard_-_SoS_Decision.pdf-have occurred and therefore the allegation was found proved. ./_WEB_DECISION__OFFICIAL_SENSITIVE_-_Glenn__Richard_-_SoS_Decision.pdf- ./_WEB_DECISION__OFFICIAL_SENSITIVE_-_Glenn__Richard_-_SoS_Decision.pdf- f. exposing your naked body to the female leader of the trip in your ./_WEB_DECISION__OFFICIAL_SENSITIVE_-_Glenn__Richard_-_SoS_Decision.pdf- shared hotel room. ./_WEB_DECISION__OFFICIAL_SENSITIVE_-_Glenn__Richard_-_SoS_Decision.pdf- ./_WEB_DECISION__OFFICIAL_SENSITIVE_-_Glenn__Richard_-_SoS_Decision.pdf-The allegation was admitted and was supported by evidence presented to the panel, ./_WEB_DECISION__OFFICIAL_SENSITIVE_-_Glenn__Richard_-_SoS_Decision.pdf-including the statement of agreed facts signed by Mr Glenn. It was agreed between the ./_WEB_DECISION__OFFICIAL_SENSITIVE_-_Glenn__Richard_-_SoS_Decision.pdf:parties that the act was not malicious or sexually motivated. Mr Glenn cannot recall the ./_WEB_DECISION__OFFICIAL_SENSITIVE_-_Glenn__Richard_-_SoS_Decision.pdf-relevant circumstances but does not dispute the account of the trip leader. The panel ./_WEB_DECISION__OFFICIAL_SENSITIVE_-_Glenn__Richard_-_SoS_Decision.pdf-noted that Mr Glenn stated he often sleeps naked when at home, and accepted the ./_WEB_DECISION__OFFICIAL_SENSITIVE_-_Glenn__Richard_-_SoS_Decision.pdf:explanation that there was no malice or sexual intent involved. The panel carefully ./_WEB_DECISION__OFFICIAL_SENSITIVE_-_Glenn__Richard_-_SoS_Decision.pdf-assessed the weight and reliability of the evidence available to it, again taking into ./_WEB_DECISION__OFFICIAL_SENSITIVE_-_Glenn__Richard_-_SoS_Decision.pdf-account that it did not have the opportunity to test the evidence of the trip leader. On the ./_WEB_DECISION__OFFICIAL_SENSITIVE_-_Glenn__Richard_-_SoS_Decision.pdf-balance of probabilities, it believed that the incident as alleged was more likely than not ./_WEB_DECISION__OFFICIAL_SENSITIVE_-_Glenn__Richard_-_SoS_Decision.pdf-to have occurred, and the allegation was therefore found proved. ./_WEB_DECISION__OFFICIAL_SENSITIVE_-_Glenn__Richard_-_SoS_Decision.pdf- ./_WEB_DECISION__OFFICIAL_SENSITIVE_-_Glenn__Richard_-_SoS_Decision.pdf- 2. your conduct as may be found proven at 1 above placed one or more ./_WEB_DECISION__OFFICIAL_SENSITIVE_-_Glenn__Richard_-_SoS_Decision.pdf- pupils in your care at risk. ./_WEB_DECISION__OFFICIAL_SENSITIVE_-_Glenn__Richard_-_SoS_Decision.pdf- ./_WEB_DECISION__OFFICIAL_SENSITIVE_-_Glenn__Richard_-_SoS_Decision.pdf-The allegation was admitted in full by Mr Glenn, including in the statement of agreed ./_WEB_DECISION__OFFICIAL_SENSITIVE_-_Glenn__Richard_-_SoS_Decision.pdf-facts which he has signed, and was supported by evidence presented to the panel, ./_WEB_DECISION__Schalch_Jane_-_S_of_S_decision__Redacted_.pdf-Mrs Schalch is married to Mr Schalch who, up until March 2016, was head of [Redacted] ./_WEB_DECISION__Schalch_Jane_-_S_of_S_decision__Redacted_.pdf-at Warwick School, the section of Warwick School for boys aged 11-18. ./_WEB_DECISION__Schalch_Jane_-_S_of_S_decision__Redacted_.pdf- ./_WEB_DECISION__Schalch_Jane_-_S_of_S_decision__Redacted_.pdf:In November 2015, Mrs Schalch discovered that her husband had been having a sexual ./_WEB_DECISION__Schalch_Jane_-_S_of_S_decision__Redacted_.pdf-relationship with a pupil at King’s High School (“Pupil A”). He had been tutoring Pupil A in ./_WEB_DECISION__Schalch_Jane_-_S_of_S_decision__Redacted_.pdf-[Redacted], in a private capacity. King’s High School is the female ‘counterpart’ to the all- ./_WEB_DECISION__Schalch_Jane_-_S_of_S_decision__Redacted_.pdf-male Warwick School and is also part of the Foundation. Mrs Schalch’s husband told her ./_WEB_DECISION__Schalch_Jane_-_S_of_S_decision__Redacted_.pdf-that the relationship had been ongoing since September/October 2015. ./_WEB_DECISION__Schalch_Jane_-_S_of_S_decision__Redacted_.pdf- ./_WEB_DECISION__Schalch_Jane_-_S_of_S_decision__Redacted_.pdf-Following the discovery, Mrs Schalch was told by her husband that Pupil A was 18. ./_WEB_DECISION__Schalch_Jane_-_S_of_S_decision__Redacted_.pdf-However, when Mr Schalch was arrested in March 2016, it transpired that Pupil A had ./_WEB_DECISION__Schalch_Jane_-_S_of_S_decision__Redacted_.pdf-been, in fact, some days away from her 18th birthday at the time the discovery of the ./_WEB_DECISION__Schalch_Jane_-_S_of_S_decision__Redacted_.pdf-relationship was made. ./_WEB_DECISION__Schalch_Jane_-_S_of_S_decision__Redacted_.pdf- ./_WEB_DECISION__Schalch_Jane_-_S_of_S_decision__Redacted_.pdf-Nevertheless, it is alleged that Mrs Schalch was aware that Pupil A was a pupil at King’s ./_WEB_DECISION__Schalch_Jane_-_S_of_S_decision__Redacted_.pdf:High School, yet she did not report the sexual relationship between her husband and ./_WEB_DECISION__Schalch_Jane_-_S_of_S_decision__Redacted_.pdf-Pupil A to the School and/or Local Authority. Subsequently, it was alleged that she failed ./_WEB_DECISION__Schalch_Jane_-_S_of_S_decision__Redacted_.pdf-to take steps to safeguard Pupil A. ./_WEB_DECISION__Schalch_Jane_-_S_of_S_decision__Redacted_.pdf- ./_WEB_DECISION__Schalch_Jane_-_S_of_S_decision__Redacted_.pdf-On 18 March 2016, a parent of a pupil at King’s High School emailed the then ./_WEB_DECISION__Schalch_Jane_-_S_of_S_decision__Redacted_.pdf:headmaster of Warwick School to disclose allegations that Mr Schalch was in a sexual ./_WEB_DECISION__Schalch_Jane_-_S_of_S_decision__Redacted_.pdf-relationship with Pupil A. Pupil A had confided in his daughter regarding the relationship ./_WEB_DECISION__Schalch_Jane_-_S_of_S_decision__Redacted_.pdf-and she had subsequently informed her father. ./_WEB_DECISION__Schalch_Jane_-_S_of_S_decision__Redacted_.pdf- ./_WEB_DECISION__Schalch_Jane_-_S_of_S_decision__Redacted_.pdf:On 30 March 2016, the police arrested Mr Schalch on suspicion of having a sexual ./_WEB_DECISION__Schalch_Jane_-_S_of_S_decision__Redacted_.pdf-relationship with Pupil A which constituted an abuse of a position of trust. On the same ./_WEB_DECISION__Schalch_Jane_-_S_of_S_decision__Redacted_.pdf-date and until 9 June 2017, Mrs Schalch was granted compassionate leave and was ./_WEB_DECISION__Schalch_Jane_-_S_of_S_decision__Redacted_.pdf-asked not to attend the School. ./_WEB_DECISION__Schalch_Jane_-_S_of_S_decision__Redacted_.pdf- ./_WEB_DECISION__Schalch_Jane_-_S_of_S_decision__Redacted_.pdf-On 9 June 2017, Mrs Schalch was suspended, and the School commenced an ./_WEB_DECISION__Schalch_Jane_-_S_of_S_decision__Redacted_.pdf-investigation into her conduct centred on her failing to disclose her knowledge of Mr ./_WEB_DECISION__Schalch_Jane_-_S_of_S_decision__Redacted_.pdf-Schalch’s relationship with Pupil A to the School and/or Local Authority. ./_WEB_DECISION__Schalch_Jane_-_S_of_S_decision__Redacted_.pdf- ./_WEB_DECISION__Schalch_Jane_-_S_of_S_decision__Redacted_.pdf-Mrs Schalch’s disciplinary hearing took place on 13 February 2018. A decision ./_WEB_DECISION__Schalch_Jane_-_S_of_S_decision__Redacted_.pdf-dismissing her for failing to report her husband’s inappropriate conduct with a Foundation ./_WEB_DECISION__Tolhurst_Timothy_-_SoS_Decision.pdf- ./_WEB_DECISION__Tolhurst_Timothy_-_SoS_Decision.pdf-1. He engaged in and/or developed an inappropriate relationship with Pupil A including ./_WEB_DECISION__Tolhurst_Timothy_-_SoS_Decision.pdf- by; ./_WEB_DECISION__Tolhurst_Timothy_-_SoS_Decision.pdf- a) exchanging contact details with her in or around March 2020; ./_WEB_DECISION__Tolhurst_Timothy_-_SoS_Decision.pdf- b) contacting her by telephone and/or social media from approximately March 2020; ./_WEB_DECISION__Tolhurst_Timothy_-_SoS_Decision.pdf- c) meeting her 1:1 from approximately May 2020; ./_WEB_DECISION__Tolhurst_Timothy_-_SoS_Decision.pdf- d) engaging in physical activity such as hugging and/or kissing her from ./_WEB_DECISION__Tolhurst_Timothy_-_SoS_Decision.pdf- approximately May 2020; ./_WEB_DECISION__Tolhurst_Timothy_-_SoS_Decision.pdf- e) entering into a personal and/or romantic relationship with her from approximately ./_WEB_DECISION__Tolhurst_Timothy_-_SoS_Decision.pdf- May 2020; ./_WEB_DECISION__Tolhurst_Timothy_-_SoS_Decision.pdf: f) engaging in sexual activity with her from approximately June 2020. ./_WEB_DECISION__Tolhurst_Timothy_-_SoS_Decision.pdf- ./_WEB_DECISION__Tolhurst_Timothy_-_SoS_Decision.pdf-Mr Tolhurst admitted the facts of allegations 1(a) to 1(f) and that his behaviour amounted ./_WEB_DECISION__Tolhurst_Timothy_-_SoS_Decision.pdf-to unacceptable professional conduct and/or conduct that may bring the profession into ./_WEB_DECISION__Tolhurst_Timothy_-_SoS_Decision.pdf-disrepute, as set out in the response to the notice of referral dated 9 April 2021, and in ./_WEB_DECISION__Tolhurst_Timothy_-_SoS_Decision.pdf-the statement of agreed facts signed by Mr Tolhurst on 6 May 2021. ./_WEB_DECISION__Tolhurst_Timothy_-_SoS_Decision.pdf- ./_WEB_DECISION__Tolhurst_Timothy_-_SoS_Decision.pdf- ./_WEB_DECISION__Tolhurst_Timothy_-_SoS_Decision.pdf-Preliminary applications ./_WEB_DECISION__Tolhurst_Timothy_-_SoS_Decision.pdf-There were no preliminary applications. ./_WEB_DECISION__Tolhurst_Timothy_-_SoS_Decision.pdf- -- ./_WEB_DECISION__Tolhurst_Timothy_-_SoS_Decision.pdf-On 4 November 2020, a LADO meeting was held, where it was established that no ./_WEB_DECISION__Tolhurst_Timothy_-_SoS_Decision.pdf:criminal offences had been committed as Pupil A was 18 at the time the sexual ./_WEB_DECISION__Tolhurst_Timothy_-_SoS_Decision.pdf-relationship commenced. ./_WEB_DECISION__Tolhurst_Timothy_-_SoS_Decision.pdf- ./_WEB_DECISION__Tolhurst_Timothy_-_SoS_Decision.pdf-An investigation was undertaken by the School, between 2 to 20 November 2020, by an ./_WEB_DECISION__Tolhurst_Timothy_-_SoS_Decision.pdf-independent HR consultant. Mr Tolhurst resigned from the School on 5 November 2020. ./_WEB_DECISION__Tolhurst_Timothy_-_SoS_Decision.pdf- ./_WEB_DECISION__Tolhurst_Timothy_-_SoS_Decision.pdf-Findings of fact ./_WEB_DECISION__Tolhurst_Timothy_-_SoS_Decision.pdf- ./_WEB_DECISION__Tolhurst_Timothy_-_SoS_Decision.pdf-The findings of fact are as follows: ./_WEB_DECISION__Tolhurst_Timothy_-_SoS_Decision.pdf- ./_WEB_DECISION__Tolhurst_Timothy_-_SoS_Decision.pdf-The panel found the following particulars of the allegations against you proved, for these -- ./_WEB_DECISION__Tolhurst_Timothy_-_SoS_Decision.pdf-1. You engaged in and/or developed an inappropriate relationship with Pupil A ./_WEB_DECISION__Tolhurst_Timothy_-_SoS_Decision.pdf- including by; ./_WEB_DECISION__Tolhurst_Timothy_-_SoS_Decision.pdf- a) exchanging contact details with her in or around March 2020; ./_WEB_DECISION__Tolhurst_Timothy_-_SoS_Decision.pdf- b) contacting her by telephone and/or social media from approximately March ./_WEB_DECISION__Tolhurst_Timothy_-_SoS_Decision.pdf- 2020; ./_WEB_DECISION__Tolhurst_Timothy_-_SoS_Decision.pdf- c) meeting her 1:1 from approximately May 2020; ./_WEB_DECISION__Tolhurst_Timothy_-_SoS_Decision.pdf- d) engaging in physical activity such as hugging and/or kissing her from ./_WEB_DECISION__Tolhurst_Timothy_-_SoS_Decision.pdf- approximately May 2020; ./_WEB_DECISION__Tolhurst_Timothy_-_SoS_Decision.pdf- e) entering into a personal and/or romantic relationship with her from ./_WEB_DECISION__Tolhurst_Timothy_-_SoS_Decision.pdf- approximately May 2020; ./_WEB_DECISION__Tolhurst_Timothy_-_SoS_Decision.pdf: f) engaging in sexual activity with her from approximately June 2020. ./_WEB_DECISION__Tolhurst_Timothy_-_SoS_Decision.pdf- ./_WEB_DECISION__Tolhurst_Timothy_-_SoS_Decision.pdf- ./_WEB_DECISION__Tolhurst_Timothy_-_SoS_Decision.pdf-The panel noted that Mr Tolhurst admitted the facts of allegations 1(a) to 1(f), as set out ./_WEB_DECISION__Tolhurst_Timothy_-_SoS_Decision.pdf-in the response to the notice of referral dated 9 April 2021, and in the statement of ./_WEB_DECISION__Tolhurst_Timothy_-_SoS_Decision.pdf-agreed facts signed by Mr Tolhurst on 6 May 2021. ./_WEB_DECISION__Tolhurst_Timothy_-_SoS_Decision.pdf- ./_WEB_DECISION__Tolhurst_Timothy_-_SoS_Decision.pdf-Mr Tolhurst admitted that he engaged in an inappropriate relationship with Pupil A. Mr ./_WEB_DECISION__Tolhurst_Timothy_-_SoS_Decision.pdf-Tolhurst stated that, in retrospect, his initial intention was purely to provide support to ./_WEB_DECISION__Tolhurst_Timothy_-_SoS_Decision.pdf-Pupil A in uncertain times due to the COVID-19 pandemic. ./_WEB_DECISION__Tolhurst_Timothy_-_SoS_Decision.pdf- -- ./_WEB_DECISION__Tolhurst_Timothy_-_SoS_Decision.pdf-as she was isolating on her own, however this eventually turned into a relationship. ./_WEB_DECISION__Tolhurst_Timothy_-_SoS_Decision.pdf- ./_WEB_DECISION__Tolhurst_Timothy_-_SoS_Decision.pdf-The Panel found that there was no specific evidence of hugging and kissing but agreed, ./_WEB_DECISION__Tolhurst_Timothy_-_SoS_Decision.pdf-on the balance of probabilities, that this did include physical activity. The Panel took into ./_WEB_DECISION__Tolhurst_Timothy_-_SoS_Decision.pdf-account the month of June to be included as approximately May as there were no ./_WEB_DECISION__Tolhurst_Timothy_-_SoS_Decision.pdf-specific dates provided for when physical activity took place. ./_WEB_DECISION__Tolhurst_Timothy_-_SoS_Decision.pdf- ./_WEB_DECISION__Tolhurst_Timothy_-_SoS_Decision.pdf-Mr Tolhurst admitted that he engaged in physical activity such as hugging and/or kissing ./_WEB_DECISION__Tolhurst_Timothy_-_SoS_Decision.pdf-Pupil A from approximately May 2020. Mr Tolhurst admitted entering into a personal ./_WEB_DECISION__Tolhurst_Timothy_-_SoS_Decision.pdf-and/or romantic relationship with Pupil A from approximately May 2020. Mr Tolhurst ./_WEB_DECISION__Tolhurst_Timothy_-_SoS_Decision.pdf:further admitted engaging in sexual activity with Pupil A from approximately June 2020. ./_WEB_DECISION__Tolhurst_Timothy_-_SoS_Decision.pdf- ./_WEB_DECISION__Tolhurst_Timothy_-_SoS_Decision.pdf-Notwithstanding this, the panel made its own determination on the facts available to it. ./_WEB_DECISION__Tolhurst_Timothy_-_SoS_Decision.pdf- ./_WEB_DECISION__Tolhurst_Timothy_-_SoS_Decision.pdf-The panel concluded that the evidence within the bundle supported the statement of ./_WEB_DECISION__Tolhurst_Timothy_-_SoS_Decision.pdf-agreed facts. In particular, the panel noted the LADO position of trust meeting report; the ./_WEB_DECISION__Tolhurst_Timothy_-_SoS_Decision.pdf-notes of the investigation interview conducted on 16 November 2020; the notes of the ./_WEB_DECISION__Tolhurst_Timothy_-_SoS_Decision.pdf-investigation interview conducted on 18 November 2020; the safeguarding investigation ./_WEB_DECISION__Tolhurst_Timothy_-_SoS_Decision.pdf-report; the transcript from the interview with the welfare officer on 18 November 2020; ./_WEB_DECISION__Tolhurst_Timothy_-_SoS_Decision.pdf-and Mr Tolhurst’s statement. All of these documents supported the fact that Mr Tolhurst ./_WEB_DECISION__Tolhurst_Timothy_-_SoS_Decision.pdf-formed an inappropriate relationship with Pupil A. -- ./_WEB_DECISION__Tolhurst_Timothy_-_SoS_Decision.pdf- ./_WEB_DECISION__Tolhurst_Timothy_-_SoS_Decision.pdf- • Teachers must have an understanding of, and always act within, the statutory ./_WEB_DECISION__Tolhurst_Timothy_-_SoS_Decision.pdf- frameworks which set out their professional duties and responsibilities. ./_WEB_DECISION__Tolhurst_Timothy_-_SoS_Decision.pdf- ./_WEB_DECISION__Tolhurst_Timothy_-_SoS_Decision.pdf-The panel was satisfied that the conduct of Mr Tolhurst fell significantly short of the ./_WEB_DECISION__Tolhurst_Timothy_-_SoS_Decision.pdf-standards expected of the profession. ./_WEB_DECISION__Tolhurst_Timothy_-_SoS_Decision.pdf- ./_WEB_DECISION__Tolhurst_Timothy_-_SoS_Decision.pdf-The panel also considered whether Mr Tolhurst’s conduct displayed behaviours ./_WEB_DECISION__Tolhurst_Timothy_-_SoS_Decision.pdf-associated with any of the offences listed on pages 10 and 11 of the Advice. ./_WEB_DECISION__Tolhurst_Timothy_-_SoS_Decision.pdf- ./_WEB_DECISION__Tolhurst_Timothy_-_SoS_Decision.pdf:The panel found that the offence of sexual activity was relevant. The Advice indicates ./_WEB_DECISION__Tolhurst_Timothy_-_SoS_Decision.pdf-that where behaviours associated with such an offence exist, a panel is more likely to ./_WEB_DECISION__Tolhurst_Timothy_-_SoS_Decision.pdf-conclude that an individual’s conduct would amount to unacceptable professional ./_WEB_DECISION__Tolhurst_Timothy_-_SoS_Decision.pdf:conduct. The panel noted that this behaviour was undertaken in pursuit of sexual ./_WEB_DECISION__Tolhurst_Timothy_-_SoS_Decision.pdf:gratification or in pursuit of a sexual relationship. ./_WEB_DECISION__Tolhurst_Timothy_-_SoS_Decision.pdf- ./_WEB_DECISION__Tolhurst_Timothy_-_SoS_Decision.pdf-The panel noted that allegations 1(b), 1(c), 1(d) and 1(f) took place outside the education ./_WEB_DECISION__Tolhurst_Timothy_-_SoS_Decision.pdf-setting in that they took place outside of school and messages/calls were exchanged via ./_WEB_DECISION__Tolhurst_Timothy_-_SoS_Decision.pdf-telephone and/or social media. The panel considered that the nature of Mr Tolhurst’s ./_WEB_DECISION__Tolhurst_Timothy_-_SoS_Decision.pdf-misconduct undermined his position as a teacher and that of the profession in general. ./_WEB_DECISION__Tolhurst_Timothy_-_SoS_Decision.pdf- ./_WEB_DECISION__Tolhurst_Timothy_-_SoS_Decision.pdf-Accordingly, the panel was satisfied that Mr Tolhurst was guilty of unacceptable ./_WEB_DECISION__Tolhurst_Timothy_-_SoS_Decision.pdf-professional conduct. ./_WEB_DECISION__Tolhurst_Timothy_-_SoS_Decision.pdf- ./_WEB_DECISION__Tolhurst_Timothy_-_SoS_Decision.pdf-The panel took into account the way the teaching profession is viewed by others and -- ./_WEB_DECISION__Tolhurst_Timothy_-_SoS_Decision.pdf-proportionate measure, and whether it would be in the public interest to do so. Prohibition ./_WEB_DECISION__Tolhurst_Timothy_-_SoS_Decision.pdf-orders should not be given in order to be punitive, or to show that blame has been ./_WEB_DECISION__Tolhurst_Timothy_-_SoS_Decision.pdf-apportioned, although they are likely to have punitive effect. ./_WEB_DECISION__Tolhurst_Timothy_-_SoS_Decision.pdf- ./_WEB_DECISION__Tolhurst_Timothy_-_SoS_Decision.pdf-The panel had regard to the particular public interest considerations set out in the Advice ./_WEB_DECISION__Tolhurst_Timothy_-_SoS_Decision.pdf-and, having done so, found a number of them to be relevant in this case, namely: the ./_WEB_DECISION__Tolhurst_Timothy_-_SoS_Decision.pdf-protection of pupils, the maintenance of public confidence in the profession and declaring ./_WEB_DECISION__Tolhurst_Timothy_-_SoS_Decision.pdf-and upholding proper standards of conduct. ./_WEB_DECISION__Tolhurst_Timothy_-_SoS_Decision.pdf- ./_WEB_DECISION__Tolhurst_Timothy_-_SoS_Decision.pdf-In the light of the panel’s findings against Mr Tolhurst, which involved forming an ./_WEB_DECISION__Tolhurst_Timothy_-_SoS_Decision.pdf:inappropriate personal and sexual relationship with a pupil, there was a strong public ./_WEB_DECISION__Tolhurst_Timothy_-_SoS_Decision.pdf-interest consideration in respect of the protection of pupils. ./_WEB_DECISION__Tolhurst_Timothy_-_SoS_Decision.pdf- ./_WEB_DECISION__Tolhurst_Timothy_-_SoS_Decision.pdf- ./_WEB_DECISION__Tolhurst_Timothy_-_SoS_Decision.pdf- ./_WEB_DECISION__Tolhurst_Timothy_-_SoS_Decision.pdf- ./_WEB_DECISION__Tolhurst_Timothy_-_SoS_Decision.pdf- 9 ./_WEB_DECISION__Tolhurst_Timothy_-_SoS_Decision.pdf- -- ./_WEB_DECISION__Tolhurst_Timothy_-_SoS_Decision.pdf- ./_WEB_DECISION__Tolhurst_Timothy_-_SoS_Decision.pdf- • serious departure from the personal and professional conduct elements of the ./_WEB_DECISION__Tolhurst_Timothy_-_SoS_Decision.pdf- Teachers’ Standards; ./_WEB_DECISION__Tolhurst_Timothy_-_SoS_Decision.pdf- ./_WEB_DECISION__Tolhurst_Timothy_-_SoS_Decision.pdf- • misconduct seriously affecting the education and/or well-being of pupils, and ./_WEB_DECISION__Tolhurst_Timothy_-_SoS_Decision.pdf- particularly where there is a continuing risk; ./_WEB_DECISION__Tolhurst_Timothy_-_SoS_Decision.pdf- ./_WEB_DECISION__Tolhurst_Timothy_-_SoS_Decision.pdf- • abuse of position or trust (particularly involving vulnerable pupils) or violation of the ./_WEB_DECISION__Tolhurst_Timothy_-_SoS_Decision.pdf- rights of pupils; ./_WEB_DECISION__Tolhurst_Timothy_-_SoS_Decision.pdf- ./_WEB_DECISION__Tolhurst_Timothy_-_SoS_Decision.pdf: • sexual misconduct, for example, involving actions that were sexually motivated or ./_WEB_DECISION__Tolhurst_Timothy_-_SoS_Decision.pdf: of a sexual nature and/or that use or exploit the trust, knowledge or influence ./_WEB_DECISION__Tolhurst_Timothy_-_SoS_Decision.pdf- derived from the individual’s professional position; ./_WEB_DECISION__Tolhurst_Timothy_-_SoS_Decision.pdf- ./_WEB_DECISION__Tolhurst_Timothy_-_SoS_Decision.pdf-Even though some of the behaviour found proved in this case indicated that a prohibition ./_WEB_DECISION__Tolhurst_Timothy_-_SoS_Decision.pdf-order would be appropriate, the panel went on to consider the mitigating factors. ./_WEB_DECISION__Tolhurst_Timothy_-_SoS_Decision.pdf-Mitigating factors may indicate that a prohibition order would not be appropriate or ./_WEB_DECISION__Tolhurst_Timothy_-_SoS_Decision.pdf-proportionate. ./_WEB_DECISION__Tolhurst_Timothy_-_SoS_Decision.pdf- ./_WEB_DECISION__Tolhurst_Timothy_-_SoS_Decision.pdf-There was no evidence that Mr Tolhurst’s actions were not deliberate nor was there any ./_WEB_DECISION__Tolhurst_Timothy_-_SoS_Decision.pdf-evidence to suggest that Mr Tolhurst was acting under duress. ./_WEB_DECISION__Tolhurst_Timothy_-_SoS_Decision.pdf- -- ./_WEB_DECISION__Tolhurst_Timothy_-_SoS_Decision.pdf-made by the panel would be sufficient. ./_WEB_DECISION__Tolhurst_Timothy_-_SoS_Decision.pdf- ./_WEB_DECISION__Tolhurst_Timothy_-_SoS_Decision.pdf-The panel was of the view that, applying the standard of the ordinary intelligent citizen, it ./_WEB_DECISION__Tolhurst_Timothy_-_SoS_Decision.pdf-would not be a proportionate and appropriate response to recommend no prohibition ./_WEB_DECISION__Tolhurst_Timothy_-_SoS_Decision.pdf-order. Recommending that the publication of adverse findings was sufficient would ./_WEB_DECISION__Tolhurst_Timothy_-_SoS_Decision.pdf-unacceptably compromise the public interest considerations present in this case, despite ./_WEB_DECISION__Tolhurst_Timothy_-_SoS_Decision.pdf-the severity of the consequences for Mr Tolhurst of prohibition. ./_WEB_DECISION__Tolhurst_Timothy_-_SoS_Decision.pdf- ./_WEB_DECISION__Tolhurst_Timothy_-_SoS_Decision.pdf-The panel was of the view that prohibition was both proportionate and appropriate. The ./_WEB_DECISION__Tolhurst_Timothy_-_SoS_Decision.pdf-panel decided that the public interest considerations outweighed the interests of Mr ./_WEB_DECISION__Tolhurst_Timothy_-_SoS_Decision.pdf:Tolhurst. Forming a personal and sexual relationship with a pupil was a significant factor ./_WEB_DECISION__Tolhurst_Timothy_-_SoS_Decision.pdf-in forming that opinion. Accordingly, the panel made a recommendation to the Secretary ./_WEB_DECISION__Tolhurst_Timothy_-_SoS_Decision.pdf-of State that a prohibition order should be imposed with immediate effect. ./_WEB_DECISION__Tolhurst_Timothy_-_SoS_Decision.pdf- ./_WEB_DECISION__Tolhurst_Timothy_-_SoS_Decision.pdf-The panel went on to consider whether or not it would be appropriate to recommend that ./_WEB_DECISION__Tolhurst_Timothy_-_SoS_Decision.pdf-a review period of the order should be considered. The panel was mindful that the Advice ./_WEB_DECISION__Tolhurst_Timothy_-_SoS_Decision.pdf-states that a prohibition order applies for life, but there may be circumstances, in any ./_WEB_DECISION__Tolhurst_Timothy_-_SoS_Decision.pdf-given case, that may make it appropriate to allow a teacher to apply to have the ./_WEB_DECISION__Tolhurst_Timothy_-_SoS_Decision.pdf-prohibition order reviewed after a specified period of time that may not be less than 2 ./_WEB_DECISION__Tolhurst_Timothy_-_SoS_Decision.pdf-years. ./_WEB_DECISION__Tolhurst_Timothy_-_SoS_Decision.pdf- -- ./_WEB_DECISION__Tolhurst_Timothy_-_SoS_Decision.pdf-The Advice indicates that there are behaviours that, if proved, would militate against the ./_WEB_DECISION__Tolhurst_Timothy_-_SoS_Decision.pdf:recommendation of a review period. One of these behaviours include serious sexual ./_WEB_DECISION__Tolhurst_Timothy_-_SoS_Decision.pdf:misconduct, such as where the act was sexually motivated and resulted in or had the ./_WEB_DECISION__Tolhurst_Timothy_-_SoS_Decision.pdf-potential to result in, harm to a person or persons, particularly where the individual has ./_WEB_DECISION__Tolhurst_Timothy_-_SoS_Decision.pdf-used his professional position to influence or exploit a person or persons. The panel ./_WEB_DECISION__Tolhurst_Timothy_-_SoS_Decision.pdf:found that Mr Tolhurst was responsible for forming a sexual relationship with Pupil A. ./_WEB_DECISION__Tolhurst_Timothy_-_SoS_Decision.pdf- ./_WEB_DECISION__Tolhurst_Timothy_-_SoS_Decision.pdf-The panel decided that the findings indicated a situation in which a review period would ./_WEB_DECISION__Tolhurst_Timothy_-_SoS_Decision.pdf-not be appropriate and, as such, decided that it would be proportionate in all the ./_WEB_DECISION__Tolhurst_Timothy_-_SoS_Decision.pdf-circumstances for the prohibition order to be recommended without provisions for a ./_WEB_DECISION__Tolhurst_Timothy_-_SoS_Decision.pdf-review period. ./_WEB_DECISION__Tolhurst_Timothy_-_SoS_Decision.pdf- ./_WEB_DECISION__Tolhurst_Timothy_-_SoS_Decision.pdf- ./_WEB_DECISION__Tolhurst_Timothy_-_SoS_Decision.pdf-Decision and reasons on behalf of the Secretary of State ./_WEB_DECISION__Tolhurst_Timothy_-_SoS_Decision.pdf-I have given very careful consideration to this case and to the recommendation of the ./_WEB_DECISION__Tolhurst_Timothy_-_SoS_Decision.pdf-panel in respect of both sanction and review period. -- ./_WEB_DECISION__Tolhurst_Timothy_-_SoS_Decision.pdf-The panel finds that the conduct of Mr Tolhurst fell significantly short of the standards ./_WEB_DECISION__Tolhurst_Timothy_-_SoS_Decision.pdf-expected of the profession. ./_WEB_DECISION__Tolhurst_Timothy_-_SoS_Decision.pdf- ./_WEB_DECISION__Tolhurst_Timothy_-_SoS_Decision.pdf-The findings of misconduct are particularly serious as they include a finding which ./_WEB_DECISION__Tolhurst_Timothy_-_SoS_Decision.pdf:involved forming an inappropriate personal and sexual relationship with a vulnerable ./_WEB_DECISION__Tolhurst_Timothy_-_SoS_Decision.pdf-pupil. ./_WEB_DECISION__Tolhurst_Timothy_-_SoS_Decision.pdf- ./_WEB_DECISION__Tolhurst_Timothy_-_SoS_Decision.pdf-I have to determine whether the imposition of a prohibition order is proportionate and in ./_WEB_DECISION__Tolhurst_Timothy_-_SoS_Decision.pdf-the public interest. In considering that for this case, I have considered the overall aim of a ./_WEB_DECISION__Tolhurst_Timothy_-_SoS_Decision.pdf-prohibition order which is to protect pupils and to maintain public confidence in the ./_WEB_DECISION__Tolhurst_Timothy_-_SoS_Decision.pdf-profession. I have considered the extent to which a prohibition order in this case would ./_WEB_DECISION__Tolhurst_Timothy_-_SoS_Decision.pdf-achieve that aim taking into account the impact that it will have on the individual teacher. ./_WEB_DECISION__Tolhurst_Timothy_-_SoS_Decision.pdf-I have also asked myself, whether a less intrusive measure, such as the published ./_WEB_DECISION__Tolhurst_Timothy_-_SoS_Decision.pdf-finding of unacceptable professional conduct and conduct that may bring the profession ./_WEB_DECISION__Tolhurst_Timothy_-_SoS_Decision.pdf-into disrepute, would itself be sufficient to achieve the overall aim. I have to consider ./_WEB_DECISION__Tolhurst_Timothy_-_SoS_Decision.pdf-whether the consequences of such a publication are themselves sufficient. I have ./_WEB_DECISION__Tolhurst_Timothy_-_SoS_Decision.pdf-considered therefore whether or not prohibiting Mr Tolhurst, and the impact that will have ./_WEB_DECISION__Tolhurst_Timothy_-_SoS_Decision.pdf-on him, is proportionate and in the public interest. ./_WEB_DECISION__Tolhurst_Timothy_-_SoS_Decision.pdf- ./_WEB_DECISION__Tolhurst_Timothy_-_SoS_Decision.pdf-In this case, I have considered the extent to which a prohibition order would protect ./_WEB_DECISION__Tolhurst_Timothy_-_SoS_Decision.pdf-children, Mr Tolhurst used his professional position to develop an inappropriate and ./_WEB_DECISION__Tolhurst_Timothy_-_SoS_Decision.pdf:sexual relationship with a pupil. A prohibition order would therefore prevent such a risk ./_WEB_DECISION__Tolhurst_Timothy_-_SoS_Decision.pdf-from being present in the future. ./_WEB_DECISION__Tolhurst_Timothy_-_SoS_Decision.pdf- ./_WEB_DECISION__Tolhurst_Timothy_-_SoS_Decision.pdf-I have also taken into account the panel’s comments on insight and remorse, which the ./_WEB_DECISION__Tolhurst_Timothy_-_SoS_Decision.pdf-panel sets out as follows, “Mr Tolhurst showed some insight into his actions, as shown in ./_WEB_DECISION__Tolhurst_Timothy_-_SoS_Decision.pdf-the undated statement he provided to the TRA, whereby he stated that “The disclosure ./_WEB_DECISION__Tolhurst_Timothy_-_SoS_Decision.pdf-reflected my knowledge that my initial well intended actions had resulted in a situation ./_WEB_DECISION__Tolhurst_Timothy_-_SoS_Decision.pdf-which snowballed and put the reputation of my colleagues, the Trust and the profession ./_WEB_DECISION__Tolhurst_Timothy_-_SoS_Decision.pdf-in jeopardy.” ./_WEB_DECISION__Tolhurst_Timothy_-_SoS_Decision.pdf- ./_WEB_DECISION__Tolhurst_Timothy_-_SoS_Decision.pdf-Mr Tolhurst believed that the extreme circumstances and challenges of lockdown, due to ./_WEB_DECISION__Tolhurst_Timothy_-_SoS_Decision.pdf-the COVID-19 pandemic, clouded his judgement. However, Mr Tolhurst regretted his ./_WEB_DECISION__Tolhurst_Timothy_-_SoS_Decision.pdf-actions and acknowledged letting down his colleagues and the students. Mr Tolhurst ./_WEB_DECISION__Tolhurst_Timothy_-_SoS_Decision.pdf-accepted full responsibility for his actions.” ./_WEB_DECISION__Tolhurst_Timothy_-_SoS_Decision.pdf- ./_WEB_DECISION__Tolhurst_Timothy_-_SoS_Decision.pdf-I have gone on to consider the extent to which a prohibition order would maintain public ./_WEB_DECISION__Tolhurst_Timothy_-_SoS_Decision.pdf-confidence in the profession. The panel observe, “The panel had regard to the particular ./_WEB_DECISION__Tolhurst_Timothy_-_SoS_Decision.pdf-public interest considerations set out in the Advice and, having done so, found a number ./_WEB_DECISION__Tolhurst_Timothy_-_SoS_Decision.pdf-of them to be relevant in this case, namely: the protection of pupils, the maintenance of ./_WEB_DECISION__Tolhurst_Timothy_-_SoS_Decision.pdf-public confidence in the profession and declaring and upholding proper standards of ./_WEB_DECISION__Tolhurst_Timothy_-_SoS_Decision.pdf:conduct.” I am particularly mindful of the finding of forming a sexual relationship with a ./_WEB_DECISION__Tolhurst_Timothy_-_SoS_Decision.pdf-pupil in this case and the impact that such a finding has on the reputation of the ./_WEB_DECISION__Tolhurst_Timothy_-_SoS_Decision.pdf-profession. ./_WEB_DECISION__Tolhurst_Timothy_-_SoS_Decision.pdf- ./_WEB_DECISION__Tolhurst_Timothy_-_SoS_Decision.pdf- ./_WEB_DECISION__Tolhurst_Timothy_-_SoS_Decision.pdf- 13 ./_WEB_DECISION__Tolhurst_Timothy_-_SoS_Decision.pdf- -- ./_WEB_DECISION__Tolhurst_Timothy_-_SoS_Decision.pdf-the public interest requirement concerning public confidence in the profession. ./_WEB_DECISION__Tolhurst_Timothy_-_SoS_Decision.pdf- ./_WEB_DECISION__Tolhurst_Timothy_-_SoS_Decision.pdf-For these reasons, I have concluded that a prohibition order is proportionate and in the ./_WEB_DECISION__Tolhurst_Timothy_-_SoS_Decision.pdf-public interest in order to achieve the intended aims of a prohibition order. ./_WEB_DECISION__Tolhurst_Timothy_-_SoS_Decision.pdf- ./_WEB_DECISION__Tolhurst_Timothy_-_SoS_Decision.pdf-I have gone on to consider the matter of a review period. In this case, the panel has ./_WEB_DECISION__Tolhurst_Timothy_-_SoS_Decision.pdf-recommended that no provision should be made for a review period. ./_WEB_DECISION__Tolhurst_Timothy_-_SoS_Decision.pdf- ./_WEB_DECISION__Tolhurst_Timothy_-_SoS_Decision.pdf-I have considered the panel’s comments “The Advice indicates that there are behaviours ./_WEB_DECISION__Tolhurst_Timothy_-_SoS_Decision.pdf-that, if proved, would militate against the recommendation of a review period. One of ./_WEB_DECISION__Tolhurst_Timothy_-_SoS_Decision.pdf:these behaviours include serious sexual misconduct, such as where the act was sexually ./_WEB_DECISION__Tolhurst_Timothy_-_SoS_Decision.pdf-motivated and resulted in or had the potential to result in, harm to a person or persons, ./_WEB_DECISION__Tolhurst_Timothy_-_SoS_Decision.pdf-particularly where the individual has used his professional position to influence or exploit ./_WEB_DECISION__Tolhurst_Timothy_-_SoS_Decision.pdf-a person or persons. The panel found that Mr Tolhurst was responsible for forming a ./_WEB_DECISION__Tolhurst_Timothy_-_SoS_Decision.pdf:sexual relationship with Pupil A.” ./_WEB_DECISION__Tolhurst_Timothy_-_SoS_Decision.pdf- ./_WEB_DECISION__Tolhurst_Timothy_-_SoS_Decision.pdf-I have considered whether not allowing a review period reflects the seriousness of the ./_WEB_DECISION__Tolhurst_Timothy_-_SoS_Decision.pdf-findings and is a proportionate period to achieve the aim of maintaining public confidence ./_WEB_DECISION__Tolhurst_Timothy_-_SoS_Decision.pdf-in the profession. In this case, a review period is not sufficient to achieve the aim of ./_WEB_DECISION__Tolhurst_Timothy_-_SoS_Decision.pdf-maintaining public confidence in the profession, Mr Tolhurst knew the pupil to be ./_WEB_DECISION__Tolhurst_Timothy_-_SoS_Decision.pdf:vulnerable and formed an inappropriate sexual relationship, which he struggled to ./_WEB_DECISION__Tolhurst_Timothy_-_SoS_Decision.pdf-articulate the reasons for his actions. ./_WEB_DECISION__Tolhurst_Timothy_-_SoS_Decision.pdf- ./_WEB_DECISION__Tolhurst_Timothy_-_SoS_Decision.pdf-I consider therefore that allowing for no review period is necessary to maintain public ./_WEB_DECISION__Tolhurst_Timothy_-_SoS_Decision.pdf-confidence and is proportionate and in the public interest. ./_WEB_DECISION__Tolhurst_Timothy_-_SoS_Decision.pdf- ./_WEB_DECISION__Tolhurst_Timothy_-_SoS_Decision.pdf-This means that Mr Timothy Tolhurst is prohibited from teaching indefinitely and ./_WEB_DECISION__Tolhurst_Timothy_-_SoS_Decision.pdf-cannot teach in any school, sixth form college, relevant youth accommodation or ./_WEB_DECISION__Tolhurst_Timothy_-_SoS_Decision.pdf-children’s home in England. Furthermore, in view of the seriousness of the allegations ./_WEB_DECISION__Tolhurst_Timothy_-_SoS_Decision.pdf-found proved against him, I have decided that Mr Tolhurst shall not be entitled to apply ./_WEB_DECISION__Tolhurst_Timothy_-_SoS_Decision.pdf-for restoration of his eligibility to teach. ./_WEB_DECISION__Wilkinson_P_-_SoS_decision__Redacted_.pdf-The panel considered the allegations set out in the Notice of Meeting dated 9 November ./_WEB_DECISION__Wilkinson_P_-_SoS_decision__Redacted_.pdf-2018. ./_WEB_DECISION__Wilkinson_P_-_SoS_decision__Redacted_.pdf- ./_WEB_DECISION__Wilkinson_P_-_SoS_decision__Redacted_.pdf-It was alleged that Mr Philip Wilkinson was guilty of unacceptable professional conduct ./_WEB_DECISION__Wilkinson_P_-_SoS_decision__Redacted_.pdf-and/or conduct that may bring the profession into disrepute in that, whilst employed as a ./_WEB_DECISION__Wilkinson_P_-_SoS_decision__Redacted_.pdf-teacher at [Redacted], he: ./_WEB_DECISION__Wilkinson_P_-_SoS_decision__Redacted_.pdf- ./_WEB_DECISION__Wilkinson_P_-_SoS_decision__Redacted_.pdf- 1. Engaged in inappropriate electronic communications with a former pupil of the ./_WEB_DECISION__Wilkinson_P_-_SoS_decision__Redacted_.pdf- School in or around September 2017; ./_WEB_DECISION__Wilkinson_P_-_SoS_decision__Redacted_.pdf- ./_WEB_DECISION__Wilkinson_P_-_SoS_decision__Redacted_.pdf: 2. In doing so at allegation 1, his conduct was sexually motivated. ./_WEB_DECISION__Wilkinson_P_-_SoS_decision__Redacted_.pdf- ./_WEB_DECISION__Wilkinson_P_-_SoS_decision__Redacted_.pdf-Mr Wilkinson unequivocally accepted the facts of both allegations and also that his ./_WEB_DECISION__Wilkinson_P_-_SoS_decision__Redacted_.pdf-conduct amounted to unacceptable professional conduct and conduct that may bring the ./_WEB_DECISION__Wilkinson_P_-_SoS_decision__Redacted_.pdf-profession into disrepute. ./_WEB_DECISION__Wilkinson_P_-_SoS_decision__Redacted_.pdf- ./_WEB_DECISION__Wilkinson_P_-_SoS_decision__Redacted_.pdf- ./_WEB_DECISION__Wilkinson_P_-_SoS_decision__Redacted_.pdf-C. Summary of evidence ./_WEB_DECISION__Wilkinson_P_-_SoS_decision__Redacted_.pdf-Documents ./_WEB_DECISION__Wilkinson_P_-_SoS_decision__Redacted_.pdf-In advance of the meeting, the panel received a bundle of documents which included: ./_WEB_DECISION__Wilkinson_P_-_SoS_decision__Redacted_.pdf- -- ./_WEB_DECISION__Wilkinson_P_-_SoS_decision__Redacted_.pdf-The panel has found the following particulars of the allegations against you proven, for ./_WEB_DECISION__Wilkinson_P_-_SoS_decision__Redacted_.pdf-these reasons: ./_WEB_DECISION__Wilkinson_P_-_SoS_decision__Redacted_.pdf- ./_WEB_DECISION__Wilkinson_P_-_SoS_decision__Redacted_.pdf-Whilst employed as a teacher at [Redacted], you: ./_WEB_DECISION__Wilkinson_P_-_SoS_decision__Redacted_.pdf- ./_WEB_DECISION__Wilkinson_P_-_SoS_decision__Redacted_.pdf- 1. Engaged in inappropriate electronic communications with a former pupil ./_WEB_DECISION__Wilkinson_P_-_SoS_decision__Redacted_.pdf- of the School in or around September 2017 ./_WEB_DECISION__Wilkinson_P_-_SoS_decision__Redacted_.pdf- ./_WEB_DECISION__Wilkinson_P_-_SoS_decision__Redacted_.pdf-The panel noted that within the bundle were screenshots of a partial email exchange ./_WEB_DECISION__Wilkinson_P_-_SoS_decision__Redacted_.pdf-between Mr Wilkinson and Pupil A. This exchange included questions from Mr Wilkinson, ./_WEB_DECISION__Wilkinson_P_-_SoS_decision__Redacted_.pdf:seemingly without any prompting, as to whether Pupil A had ever had sex with a man ./_WEB_DECISION__Wilkinson_P_-_SoS_decision__Redacted_.pdf-and asking her for a 'recent pic' of herself. ./_WEB_DECISION__Wilkinson_P_-_SoS_decision__Redacted_.pdf- ./_WEB_DECISION__Wilkinson_P_-_SoS_decision__Redacted_.pdf-The panel also noted that in the Statement of Agreed Facts, Mr Wilkinson unequivocally ./_WEB_DECISION__Wilkinson_P_-_SoS_decision__Redacted_.pdf-admitted that the email exchange was inappropriate. ./_WEB_DECISION__Wilkinson_P_-_SoS_decision__Redacted_.pdf- ./_WEB_DECISION__Wilkinson_P_-_SoS_decision__Redacted_.pdf-For the reasons given, the panel finds this allegation proved. ./_WEB_DECISION__Wilkinson_P_-_SoS_decision__Redacted_.pdf- ./_WEB_DECISION__Wilkinson_P_-_SoS_decision__Redacted_.pdf- ./_WEB_DECISION__Wilkinson_P_-_SoS_decision__Redacted_.pdf- 5 ./_WEB_DECISION__Wilkinson_P_-_SoS_decision__Redacted_.pdf- -- ./_WEB_DECISION__Wilkinson_P_-_SoS_decision__Redacted_.pdf: 2. In doing so at allegation 1, your conduct was sexually motivated. ./_WEB_DECISION__Wilkinson_P_-_SoS_decision__Redacted_.pdf- ./_WEB_DECISION__Wilkinson_P_-_SoS_decision__Redacted_.pdf-The panel noted the language used by Mr Wilkinson in the screenshots between pages ./_WEB_DECISION__Wilkinson_P_-_SoS_decision__Redacted_.pdf:25 to 29, which included questions to Pupil A about her having sex and asking her for ./_WEB_DECISION__Wilkinson_P_-_SoS_decision__Redacted_.pdf-photos of herself. These questions and requests appeared to have been made solely at ./_WEB_DECISION__Wilkinson_P_-_SoS_decision__Redacted_.pdf-Mr Wilkinson's instigation and without invitation from Pupil A, who concluded the ./_WEB_DECISION__Wilkinson_P_-_SoS_decision__Redacted_.pdf-exchange with the message "No, I don’t think we should speak anymore". ./_WEB_DECISION__Wilkinson_P_-_SoS_decision__Redacted_.pdf- ./_WEB_DECISION__Wilkinson_P_-_SoS_decision__Redacted_.pdf-The panel also noted, and accepted, Mr Wilkinson's unequivocal admission that his ./_WEB_DECISION__Wilkinson_P_-_SoS_decision__Redacted_.pdf:conduct was sexual and, in light of the inherently sexual nature of his language, there ./_WEB_DECISION__Wilkinson_P_-_SoS_decision__Redacted_.pdf:was no other credible explanation other than it being sexually motivated. ./_WEB_DECISION__Wilkinson_P_-_SoS_decision__Redacted_.pdf- ./_WEB_DECISION__Wilkinson_P_-_SoS_decision__Redacted_.pdf-For the reasons given, the panel finds this allegation proved. ./_WEB_DECISION__Wilkinson_P_-_SoS_decision__Redacted_.pdf- ./_WEB_DECISION__Wilkinson_P_-_SoS_decision__Redacted_.pdf-Findings as to unacceptable professional conduct and/or conduct that ./_WEB_DECISION__Wilkinson_P_-_SoS_decision__Redacted_.pdf-may bring the profession into disrepute ./_WEB_DECISION__Wilkinson_P_-_SoS_decision__Redacted_.pdf-Having found both of the allegations to have been proven, the panel has gone on to ./_WEB_DECISION__Wilkinson_P_-_SoS_decision__Redacted_.pdf-consider whether the facts of those proven allegations amount to unacceptable ./_WEB_DECISION__Wilkinson_P_-_SoS_decision__Redacted_.pdf-professional conduct and/or conduct that may bring the profession into disrepute. ./_WEB_DECISION__Wilkinson_P_-_SoS_decision__Redacted_.pdf- ./_WEB_DECISION__Wilkinson_P_-_SoS_decision__Redacted_.pdf-In doing so, the panel has had regard to the document Teacher Misconduct: The -- ./_WEB_DECISION__Wilkinson_P_-_SoS_decision__Redacted_.pdf-In carrying out the balancing exercise the panel has considered the public interest ./_WEB_DECISION__Wilkinson_P_-_SoS_decision__Redacted_.pdf-considerations both in favour of and against prohibition as well as the interests of Mr ./_WEB_DECISION__Wilkinson_P_-_SoS_decision__Redacted_.pdf-Wilkinson. The panel took further account of the Advice, which suggests that a prohibition ./_WEB_DECISION__Wilkinson_P_-_SoS_decision__Redacted_.pdf-order may be appropriate if certain behaviours of a teacher have been proven. In the list ./_WEB_DECISION__Wilkinson_P_-_SoS_decision__Redacted_.pdf-of such behaviours, those that are relevant in this case are: ./_WEB_DECISION__Wilkinson_P_-_SoS_decision__Redacted_.pdf- ./_WEB_DECISION__Wilkinson_P_-_SoS_decision__Redacted_.pdf- • serious departure from the personal and professional conduct elements of the ./_WEB_DECISION__Wilkinson_P_-_SoS_decision__Redacted_.pdf- Teachers’ Standards; ./_WEB_DECISION__Wilkinson_P_-_SoS_decision__Redacted_.pdf- • abuse of position or trust (particularly involving vulnerable pupils) or violation of the ./_WEB_DECISION__Wilkinson_P_-_SoS_decision__Redacted_.pdf- rights of pupils; ./_WEB_DECISION__Wilkinson_P_-_SoS_decision__Redacted_.pdf: • sexual misconduct. ./_WEB_DECISION__Wilkinson_P_-_SoS_decision__Redacted_.pdf-Even though there were behaviours that would point to a prohibition order being ./_WEB_DECISION__Wilkinson_P_-_SoS_decision__Redacted_.pdf-appropriate, the panel went on to consider whether or not there were sufficient mitigating ./_WEB_DECISION__Wilkinson_P_-_SoS_decision__Redacted_.pdf-factors to militate against a prohibition order being an appropriate and proportionate ./_WEB_DECISION__Wilkinson_P_-_SoS_decision__Redacted_.pdf-measure to impose, particularly taking into account the nature and severity of the ./_WEB_DECISION__Wilkinson_P_-_SoS_decision__Redacted_.pdf-behaviour in this case. ./_WEB_DECISION__Wilkinson_P_-_SoS_decision__Redacted_.pdf- ./_WEB_DECISION__Wilkinson_P_-_SoS_decision__Redacted_.pdf-In light of the panel’s findings on fact, the panel considered Mr Wilkinson's actions were ./_WEB_DECISION__Wilkinson_P_-_SoS_decision__Redacted_.pdf-deliberate and he was not acting under duress. However, in the absence of any evidence ./_WEB_DECISION__Wilkinson_P_-_SoS_decision__Redacted_.pdf-to the contrary, the panel did consider him to have a previously good record and having ./_WEB_DECISION__Wilkinson_P_-_SoS_decision__Redacted_.pdf-had a successful career as a teacher up to this point. In determining how successful a -- ./_WEB_DECISION__Wilkinson_P_-_SoS_decision__Redacted_.pdf-a review period of the order should be considered. The panel was mindful that the Advice ./_WEB_DECISION__Wilkinson_P_-_SoS_decision__Redacted_.pdf-advises that a prohibition order applies for life, but there may be circumstances in any ./_WEB_DECISION__Wilkinson_P_-_SoS_decision__Redacted_.pdf-given case that may make it appropriate to allow a teacher to apply to have the ./_WEB_DECISION__Wilkinson_P_-_SoS_decision__Redacted_.pdf-prohibition order reviewed after a specified period of time that may not be less than 2 ./_WEB_DECISION__Wilkinson_P_-_SoS_decision__Redacted_.pdf-years. ./_WEB_DECISION__Wilkinson_P_-_SoS_decision__Redacted_.pdf- ./_WEB_DECISION__Wilkinson_P_-_SoS_decision__Redacted_.pdf-The Advice indicates that there are behaviours that, if proven, would militate against a ./_WEB_DECISION__Wilkinson_P_-_SoS_decision__Redacted_.pdf-review period being recommended. The panel however considered that none of these ./_WEB_DECISION__Wilkinson_P_-_SoS_decision__Redacted_.pdf-were applicable. ./_WEB_DECISION__Wilkinson_P_-_SoS_decision__Redacted_.pdf- ./_WEB_DECISION__Wilkinson_P_-_SoS_decision__Redacted_.pdf:Whilst the panel has found Mr Wilkinson's actions to have been sexually motivated (and ./_WEB_DECISION__Wilkinson_P_-_SoS_decision__Redacted_.pdf:therefore amounting to sexual misconduct), it determined that this was effectively a one- ./_WEB_DECISION__Wilkinson_P_-_SoS_decision__Redacted_.pdf-off incident of inappropriate behaviour carried out remotely, rather than in person. ./_WEB_DECISION__Wilkinson_P_-_SoS_decision__Redacted_.pdf- ./_WEB_DECISION__Wilkinson_P_-_SoS_decision__Redacted_.pdf-The panel did note that whilst there were earlier email exchanges in the bundle, these ./_WEB_DECISION__Wilkinson_P_-_SoS_decision__Redacted_.pdf-had taken place over seven months previously and did not suggest any ongoing pattern ./_WEB_DECISION__Wilkinson_P_-_SoS_decision__Redacted_.pdf-of behaviour. The email exchanges in September 2017 appeared opportunistic and, ./_WEB_DECISION__Wilkinson_P_-_SoS_decision__Redacted_.pdf-although distasteful, did not appear to be attempts by Mr Wilkinson at subtly grooming ./_WEB_DECISION__Wilkinson_P_-_SoS_decision__Redacted_.pdf-Pupil A in any way. Indeed, the actions of Mr Wilkinson were blatant from the beginning. ./_WEB_DECISION__Wilkinson_P_-_SoS_decision__Redacted_.pdf- ./_WEB_DECISION__Wilkinson_P_-_SoS_decision__Redacted_.pdf:Whilst the panel considered sexual misconduct to be inherently serious, on the spectrum ./_WEB_DECISION__Wilkinson_P_-_SoS_decision__Redacted_.pdf-of seriousness, the panel determined Mr Wilkinson's actions to be very much at the lower ./_WEB_DECISION__Wilkinson_P_-_SoS_decision__Redacted_.pdf:end and not amounting to serious sexual misconduct. ./_WEB_DECISION__Wilkinson_P_-_SoS_decision__Redacted_.pdf- ./_WEB_DECISION__Wilkinson_P_-_SoS_decision__Redacted_.pdf-In Mr Wilkinson's mitigation, the panel noted that he had expressed remorse and ./_WEB_DECISION__Wilkinson_P_-_SoS_decision__Redacted_.pdf-accepted that there were no excuses for his actions. Whilst the panel thought his actions ./_WEB_DECISION__Wilkinson_P_-_SoS_decision__Redacted_.pdf-amounted to more than just the 'very poor judgement' due to stress that Mr Wilkinson had ./_WEB_DECISION__Wilkinson_P_-_SoS_decision__Redacted_.pdf- ./_WEB_DECISION__Wilkinson_P_-_SoS_decision__Redacted_.pdf- ./_WEB_DECISION__Wilkinson_P_-_SoS_decision__Redacted_.pdf- 9 ./_WEB_DECISION__Wilkinson_P_-_SoS_decision__Redacted_.pdf- -- ./_WEB_DECISION__Wilkinson_P_-_SoS_decision__Redacted_.pdf:The findings of misconduct are particularly serious as they include a finding of sexual ./_WEB_DECISION__Wilkinson_P_-_SoS_decision__Redacted_.pdf-misconduct. ./_WEB_DECISION__Wilkinson_P_-_SoS_decision__Redacted_.pdf- ./_WEB_DECISION__Wilkinson_P_-_SoS_decision__Redacted_.pdf-I have to determine whether the imposition of a prohibition order is proportionate and in ./_WEB_DECISION__Wilkinson_P_-_SoS_decision__Redacted_.pdf-the public interest. In considering that for this case, I have considered the overall aim of a ./_WEB_DECISION__Wilkinson_P_-_SoS_decision__Redacted_.pdf-prohibition order which is to protect pupils and to maintain public confidence in the ./_WEB_DECISION__Wilkinson_P_-_SoS_decision__Redacted_.pdf-profession. I have considered the extent to which a prohibition order in this case would ./_WEB_DECISION__Wilkinson_P_-_SoS_decision__Redacted_.pdf-achieve that aim taking into account the impact that it will have on the individual teacher. ./_WEB_DECISION__Wilkinson_P_-_SoS_decision__Redacted_.pdf-I have also asked myself, whether a less intrusive measure, such as the published ./_WEB_DECISION__Wilkinson_P_-_SoS_decision__Redacted_.pdf-finding of unacceptable professional conduct and conduct that may bring the profession ./_WEB_DECISION__Wilkinson_P_-_SoS_decision__Redacted_.pdf-into disrepute, would itself be sufficient to achieve the overall aim. I have to consider -- ./_WEB_DECISION__Wilkinson_P_-_SoS_decision__Redacted_.pdf-I have also taken into account the panel’s comments on insight and remorse, which the ./_WEB_DECISION__Wilkinson_P_-_SoS_decision__Redacted_.pdf-panel sets out as follows, “In Mr Wilkinson's mitigation, the panel noted that he had ./_WEB_DECISION__Wilkinson_P_-_SoS_decision__Redacted_.pdf-expressed remorse and accepted that there were no excuses for his actions.” ./_WEB_DECISION__Wilkinson_P_-_SoS_decision__Redacted_.pdf- ./_WEB_DECISION__Wilkinson_P_-_SoS_decision__Redacted_.pdf-I have therefore given this element considerable weight in reaching my decision. ./_WEB_DECISION__Wilkinson_P_-_SoS_decision__Redacted_.pdf- ./_WEB_DECISION__Wilkinson_P_-_SoS_decision__Redacted_.pdf-I have gone on to consider the extent to which a prohibition order would maintain public ./_WEB_DECISION__Wilkinson_P_-_SoS_decision__Redacted_.pdf-confidence in the profession. The panel observe, “the panel considers that public ./_WEB_DECISION__Wilkinson_P_-_SoS_decision__Redacted_.pdf-confidence in the profession could be seriously weakened if conduct, such as that found ./_WEB_DECISION__Wilkinson_P_-_SoS_decision__Redacted_.pdf-against Mr Wilkinson, was not treated with the utmost seriousness when regulating the ./_WEB_DECISION__Wilkinson_P_-_SoS_decision__Redacted_.pdf:conduct of the profession.” I am particularly mindful of the finding of sexual misconduct in ./_WEB_DECISION__Wilkinson_P_-_SoS_decision__Redacted_.pdf-this case and the impact that such a finding has on the reputation of the profession. ./_WEB_DECISION__Wilkinson_P_-_SoS_decision__Redacted_.pdf- ./_WEB_DECISION__Wilkinson_P_-_SoS_decision__Redacted_.pdf-I have had to consider that the public has a high expectation of professional standards of ./_WEB_DECISION__Wilkinson_P_-_SoS_decision__Redacted_.pdf-all teachers and that the public might regard a failure to impose a prohibition order as a ./_WEB_DECISION__Wilkinson_P_-_SoS_decision__Redacted_.pdf-failure to uphold those high standards. In weighing these considerations, I have had to ./_WEB_DECISION__Wilkinson_P_-_SoS_decision__Redacted_.pdf-consider the matter from the point of view of an “ordinary intelligent and well-informed ./_WEB_DECISION__Wilkinson_P_-_SoS_decision__Redacted_.pdf-citizen.” ./_WEB_DECISION__Wilkinson_P_-_SoS_decision__Redacted_.pdf- ./_WEB_DECISION__Wilkinson_P_-_SoS_decision__Redacted_.pdf-I have considered whether the publication of a finding of unacceptable professional ./_WEB_DECISION__Wilkinson_P_-_SoS_decision__Redacted_.pdf-conduct, in the absence of a prohibition order, can itself be regarded by such a person as -- ./_WEB_DECISION__Wilkinson_P_-_SoS_decision__Redacted_.pdf-prohibition order in order to maintain public confidence in the profession. A published ./_WEB_DECISION__Wilkinson_P_-_SoS_decision__Redacted_.pdf-decision does not in my view satisfy the public interest requirement concerning public ./_WEB_DECISION__Wilkinson_P_-_SoS_decision__Redacted_.pdf-confidence in the profession. ./_WEB_DECISION__Wilkinson_P_-_SoS_decision__Redacted_.pdf- ./_WEB_DECISION__Wilkinson_P_-_SoS_decision__Redacted_.pdf-For these reasons, I have concluded that a prohibition order is proportionate and in the ./_WEB_DECISION__Wilkinson_P_-_SoS_decision__Redacted_.pdf-public interest in order to achieve the intended aims of a prohibition order. ./_WEB_DECISION__Wilkinson_P_-_SoS_decision__Redacted_.pdf- ./_WEB_DECISION__Wilkinson_P_-_SoS_decision__Redacted_.pdf-I have gone on to consider the matter of a review period. In this case, the panel has ./_WEB_DECISION__Wilkinson_P_-_SoS_decision__Redacted_.pdf-recommended a 2 year review period. ./_WEB_DECISION__Wilkinson_P_-_SoS_decision__Redacted_.pdf- ./_WEB_DECISION__Wilkinson_P_-_SoS_decision__Redacted_.pdf:I have considered the panel’s comments “Whilst the panel considered sexual misconduct ./_WEB_DECISION__Wilkinson_P_-_SoS_decision__Redacted_.pdf-to be inherently serious, on the spectrum of seriousness, the panel determined Mr ./_WEB_DECISION__Wilkinson_P_-_SoS_decision__Redacted_.pdf:Wilkinson's actions to be very much at the lower end and not amounting to serious sexual ./_WEB_DECISION__Wilkinson_P_-_SoS_decision__Redacted_.pdf-misconduct.” The panel went on to say, “Whilst the panel thought his actions amounted ./_WEB_DECISION__Wilkinson_P_-_SoS_decision__Redacted_.pdf-to more than just the 'very poor judgement' due to stress that Mr Wilkinson had ./_WEB_DECISION__Wilkinson_P_-_SoS_decision__Redacted_.pdf-suggested, he had also expressed his appreciation, to some degree, of the effect that his ./_WEB_DECISION__Wilkinson_P_-_SoS_decision__Redacted_.pdf-conduct had had on others.” ./_WEB_DECISION__Wilkinson_P_-_SoS_decision__Redacted_.pdf- ./_WEB_DECISION__Wilkinson_P_-_SoS_decision__Redacted_.pdf-The panel has also said it hoped that a 2 year review period would be the point at which ./_WEB_DECISION__Wilkinson_P_-_SoS_decision__Redacted_.pdf-“Mr Wilkinson could demonstrate how he would deal with any periods of stress in the ./_WEB_DECISION__Wilkinson_P_-_SoS_decision__Redacted_.pdf-future.” ./_WEB_DECISION__Wilkinson_P_-_SoS_decision__Redacted_.pdf- ./_WEB_DECISION__Wilkinson_P_-_SoS_decision__Redacted_.pdf-I have considered whether a 2 year review period reflects the seriousness of the findings